HR 2647 PCS 
SEC. 233. REPORT ON INTEGRATION OF DEPARTMENT OF 
DEFENSE 
INTELLIGENCE, 
SURVEILLANCE, 
AND RECONNAISSANCE CAPABILITIES. 
Of the amounts authorized to be appropriated in this 
Act for program element 35884L for intelligence planning 
and review activities, not more than 25 percent of such 
amounts may be obligated or expended until the date that 
is 30 days after the date on which the Under Secretary 
of Defense for Intelligence submits the report required 
under section 923(d)(1) of the National Defense Author-
ization Act for 2004 (Public Law 108–136; 117 Stat. 
1576), including the elements of the report described in 
subparagraphs (D), (E), and (F) of such section 
923(d)(1). 
SEC. 234. REPORT ON FUTURE RESEARCH AND DEVELOP-
MENT OF MAN-PORTABLE AND VEHICLE- 
MOUNTED GUIDED MISSILE SYSTEMS. 
(a) REPORT.—Not later than 90 days after the date 
of the enactment of this Act, the Secretary of the Army 
shall submit to Congress a report on future research and 
development of man-portable and vehicle-mounted guided 
missile systems to replace the current Javelin and TOW 
systems. Such report shall include— 
(1) an examination of current requirements for 
anti-armor missile systems; 
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(2) an analysis of battlefield uses other than 
anti-armor; 
(3) an analysis of changes required to the cur-
rent Javelin and TOW systems to maximize effec-
tiveness and lethality in situations other than anti- 
armor; 
(4) an analysis of the current family of Javelin 
and TOW warheads and specifically detail how they 
address threats other than armor; 
(5) an examination of the need for changes to 
current or development of additional warheads or a 
family of warheads to address threats other than 
armor; 
(6) a description of any missile system design 
changes required to integrate current missile sys-
tems with current manned ground systems; 
(7) a detailed and current analysis of the costs 
associated with the development of next-generation 
Javelin and TOW systems and additional warheads 
or family of warheads to address threats other than 
armor, integration costs for current vehicles, inte-
gration costs for future vehicles and possible effi-
ciencies of developing and procuring these systems 
at low rate and full rate based on current system 
production; and 
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(8) an analysis of the ability of the industrial 
base to support development and production of cur-
rent and future Javelin and TOW systems. 
(b) RESTRICTION
ON USE
OF FUNDS.—Of the 
amounts authorized to be appropriated under this Act for 
research, test, development, and evaluation for the Army, 
for missile and rocket advanced technology (program ele-
ment 0603313A), not more than 70 percent may be obli-
gated or expended until the Secretary of the Army submits 
the report required by subsection (a). 
Subtitle E—Other Matters 
SEC. 241. ACCESS OF THE DIRECTOR OF THE TEST RE-
SOURCE MANAGEMENT CENTER TO DEPART-
MENT OF DEFENSE INFORMATION. 
Section 196 of title 10, United States Code, is 
amended— 
(1) by redesignating subsections (d) through (h) 
as subsections (e) through (i), respectively; and 
(2) by inserting after subsection (c) the fol-
lowing new subsection (d): 
‘‘(d) ACCESS TO INFORMATION.—The Director shall 
have access to all records and data of the Department of 
Defense (including the records and data of each military 
department) that the Director considers necessary to re-
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view in order to carry out the duties of the Director under 
this section.’’. 
SEC. 242. INCLUSION IN ANNUAL BUDGET REQUEST AND 
FUTURE-YEARS DEFENSE PROGRAM OF SUF-
FICIENT AMOUNTS FOR CONTINUED DEVEL-
OPMENT AND PROCUREMENT OF COMPETI-
TIVE PROPULSION SYSTEM FOR F–35 LIGHT-
NING II. 
(a) ANNUAL BUDGET.—Chapter 9 of title 10, United 
States Code, is amended by adding at the end the fol-
lowing new section: 
‘‘§ 235. Budget for competitive propulsion system for 
F–35 Lightning II 
‘‘(a) ANNUAL BUDGET.—Effective for the budget of 
the President submitted to Congress under section 
1105(a) of title 31, United States Code, for fiscal year 
2011 and each fiscal year thereafter, the Secretary of De-
fense shall include, in the materials submitted by the Sec-
retary to the President, a request for such amounts as 
are necessary for the full funding of the continued develop-
ment and procurement of a competitive propulsion system 
for the F–35 Lightning II. 
‘‘(b) FUTURE-YEARS DEFENSE PROGRAM.—In each 
future-years defense program submitted to Congress 
under section 221 of this title, the Secretary of Defense 
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shall ensure that the estimated expenditures and proposed 
appropriations for the F–35 Lighting II, for each fiscal 
year of the period covered by that program, include suffi-
cient amounts for the full funding of the continued devel-
opment and procurement of a competitive propulsion sys-
tem for the F–35 Lightning II. 
‘‘(c) REQUIREMENT
TO OBLIGATE
AND EXPEND 
FUNDS.—Of the amounts authorized to be appropriated 
for fiscal year 2010 or any year thereafter, for research, 
development, test, and evaluation and procurement for the 
F–35 Lightning II Program, the Secretary of Defense 
shall ensure the obligation and expenditure in each such 
fiscal year of sufficient annual amounts for the continued 
development and procurement of two options for the pro-
pulsion system for the F–35 Lightning II in order to en-
sure the development and competitive production for the 
propulsion system for the F–35 Lightning II.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
at the beginning of such chapter is amended by at the 
end the following new item: 
‘‘235. Budget for competitive propulsion system for F–35 Lightning II.’’. 
(c) CONFORMING REPEAL.—The National Defense 
Authorization Act for Fiscal Year 2008 (Public Law 110– 
181) is amended by striking section 213. 
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SEC. 243. ESTABLISHMENT OF PROGRAM TO ENHANCE 
PARTICIPATION OF HISTORICALLY BLACK 
COLLEGES AND UNIVERSITIES AND MINOR-
ITY-SERVING INSTITUTIONS IN DEFENSE RE-
SEARCH PROGRAMS. 
(a) PROGRAM ESTABLISHED.—Chapter 139 of title 
10, United States Code, is amended by inserting after sec-
tion 2361 the following new section: 
‘‘§ 2362. Research and educational programs and ac-
tivities: historically black colleges and 
universities and minority-serving institu-
tions of higher education 
‘‘(a) PROGRAM ESTABLISHED.—The Secretary of 
Defense, acting through the Director of Defense Research 
and Engineering and the Secretary of each military de-
partment, shall carry out a program to provide assistance 
to covered educational institutions to assist the Depart-
ment in defense-related research, development, testing, 
and evaluation within the science, technology, engineering, 
and mathematics fields. 
‘‘(b) PROGRAM OBJECTIVE.—The objective of the 
program established under subsection (a) is to enhance 
science, technology, mathematics, and engineering re-
search and education at covered educational institutions. 
Such objective shall be accomplished through initiatives 
designed to— 
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‘‘(4) The competitive awarding of grants, coop-
erative agreements, or contracts for the acquisition 
of equipment or instrumentation necessary for the 
conduct of research, development, testing, evaluation 
or educational enhancements in scientific disciplines 
important to national defense, as determined by the 
Secretary. 
‘‘(5) Support to assist in attraction and reten-
tion of faculty in scientific disciplines critical to the 
national security functions of the Department of De-
fense. 
‘‘(6) Making Department of Defense personnel 
available to advise and assist faculty at such institu-
tions in the performance of defense research in sci-
entific disciplines critical to the national security 
functions of the Department of Defense. 
‘‘(7) Establishing partnerships between defense 
laboratories and such institutions to encourage in-
volvement of faculty and students in scientific re-
search important to the national security functions 
of the Department of Defense. 
‘‘(8) Encouraging the establishment of a pro-
gram or programs creating partnerships between 
such institutions and corporations that have rou-
tinely been awarded research, development, testing, 
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or evaluation contracts by the Secretary of Defense 
for the purpose of involving faculty and students in 
scientific research critical to the national security 
functions of the Department of Defense. 
‘‘(9) Encouraging the establishment of a pro-
gram or programs creating partnerships between 
such institutions and other institutions of higher 
education that have experience in conducting re-
search, development, testing, or evaluation programs 
with the Department of Defense for the purpose of 
involving faculty and students in scientific research 
critical to the national security functions of the De-
partment of Defense. 
‘‘(10) Other such non-monetary assistance in 
support of defense research as the Secretary finds 
appropriate to enhance science, mathematics, or en-
gineering programs at such institutions, which may 
be provided directly through the Department of De-
fense or through contracts or other agreements en-
tered into by the Secretary with private-sector enti-
ties that have experience and expertise in the devel-
opment and delivery of technical assistance services 
to such institutions. 
‘‘(d) DEFINITION OF COVERED EDUCATIONAL INSTI-
TUTION.—In this section the term ‘covered educational in-
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stitution’ means an institution of higher education eligible 
for assistance under title III or V of the Higher Education 
Act of 1965 (20 U.S.C. 1051 et seq.).’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
at the beginning of such chapter is amended by inserting 
after the item relating to section 2361 the following new 
item: 
‘‘2362. Research and educational programs and activities: historically black col-
leges and universities and minority-serving institutions of high-
er education.’’. 
SEC. 244. EXTENSION OF AUTHORITY TO AWARD PRIZES 
FOR 
ADVANCED 
TECHNOLOGY 
ACHIEVE-
MENTS. 
Subsection (f) of section 2374a of title 10, United 
States Code, is amended by striking ‘‘September 30, 
2010’’ and inserting ‘‘September 30, 2013’’. 
SEC. 245. EXECUTIVE AGENT FOR ADVANCED ENERGETICS. 
(a) EXECUTIVE AGENT.—Not later than 90 days 
after the date of the enactment of this Act, the Secretary 
of Defense shall designate a senior official of the Depart-
ment of Defense to act as the executive agent for advanced 
energetics. 
(b) ROLES, RESPONSIBILITIES, 
AND
AUTHORI-
TIES.— 
(1) ESTABLISHMENT.—Not later than 1 year 
after the date of the enactment of this Act, and in 
accordance with Directive 5101.1, the Secretary of 
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Defense shall prescribe the roles, responsibilities, 
and authorities of the executive agent designated 
under subsection (a). 
(2) SPECIFICATION.—The roles and responsibil-
ities of the executive agent designated under sub-
section (a) shall include each of the following: 
(A) Assessment of the current state of, 
and advances in, research, development, and 
manufacturing technology of energetic materials 
in both foreign countries and the United States. 
(B) Development of strategies to address 
matters identified as a result of the assessment 
described in subparagraph (A). 
(C) Development of recommended funding 
strategies to retain sufficient explosive domestic 
production capacity, continue the development 
of innovative munitions, and recruit the next 
generation of scientists and engineers of ad-
vanced energetics. 
(D) Recommending changes to strengthen 
the energetic capabilities of the Department of 
Defense. 
(E) Such other roles and responsibilities as 
the Secretary of Defense considers appropriate. 
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(c) SUPPORT WITHIN DEPARTMENT OF DEFENSE.— 
In accordance with Directive 5101.1, the Secretary of De-
fense shall ensure that the military departments, Defense 
Agencies, and other components of the Department of De-
fense provide the executive agent designated under sub-
section (a) with the appropriate support and resources 
needed to perform the roles, responsibilities, and authori-
ties of the executive agent. 
(d) DEFINITIONS.—In this section: 
(1) The term ‘‘Directive 5101.1’’ means De-
partment of Defense Directive 5101.1, dated Sep-
tember 3, 2002, or any successor directive relating 
to the responsibilities of an executive agent of the 
Department of Defense. 
(2) The term ‘‘executive agent’’ had the mean-
ing given the term ‘‘DoD Executive Agent’’ in Direc-
tive 5101.1. 
SEC. 246. STUDY ON THORIUM-LIQUID FUELED REACTORS 
FOR NAVAL FORCES. 
(a) STUDY REQUIRED.—The Secretary of Defense 
and the Chairman of the Joint Chiefs of Staff shall jointly 
carry out a study on the use of thorium-liquid fueled nu-
clear reactors for naval power needs pursuant to section 
1012, of the National Defense Authorization Act for Fis-
cal Year 2008 (Public Law 110–181; 122 Stat. 303). 
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(b) CONTENTS OF STUDY.—In carrying out the study 
required under subsection (a), the Secretary of Defense 
and the Chairman of the Joint Chiefs of Staff shall, with 
respect to naval power requirements for the Navy strike 
and amphibious force— 
(1) compare and contrast thorium-liquid fueled 
reactor concept to the 2005 Quick Look, 2006 Navy 
Alternative Propulsion Study, and the navy CG(X) 
Analysis of Alternatives study; 
(2) identify the benefits to naval operations 
which thorium-liquid fueled nuclear reactors or ura-
nium reactors would provide to major surface com-
batants compared to conventionally fueled ships, in-
cluding such benefits with respect to— 
(A) fuel cycle, from mining to waste dis-
posal; 
(B) security of fuel supply; 
(C) power needs for advanced weapons and 
sensors; 
(D) safety of operation, waste handling 
and disposal, and proliferation issues compared 
to uranium reactors; 
(E) no requirement to refuel and reduced 
logistics; 
(F) ship upgrades and retrofitting; 
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(G) reduced manning; 
(H) global range at flank speed, greater 
forward presence, and extended combat oper-
ations; 
(I) power for advanced sensors and weap-
ons, including electromagnetic guns and lasers; 
(J) survivability due to increased perform-
ance and reduced signatures; 
(K) high power density propulsion; 
(L) operational tempo; 
(M) operational effectiveness; and 
(N) estimated cost-effectiveness; and 
(3) conduct a ROM cost-effectiveness compari-
son of nuclear reactors in use by the Navy as of the 
date of the enactment of this Act, thorium-liquid 
fueled reactors, and conventional fueled major sur-
face combatants, which shall include a comparison 
of— 
(A) security, safety, and infrastructure 
costs of fuel supplies; 
(B) nuclear proliferation issues; 
(C) reactor safety; 
(D) nuclear fuel safety, waste handling, 
and storage; 
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(E) power requirements and distribution 
for sensors, weapons, and propulsion; and 
(F) capabilities to fully execute the Navy 
Maritime Strategic Concept. 
(c) REPORT.—Not later than February 1, 2011, the 
Secretary of Defense and the Chairman of the Joint 
Chiefs of Staff shall jointly submit to the congressional 
defense committees a report on the results of the study 
required under subsection (a). 
SEC. 247. VISITING NIH SENIOR NEUROSCIENCE FELLOW-
SHIP PROGRAM. 
(a) AUTHORITY TO ESTABLISH.—The Secretary of 
Defense may establish a program to be known as the Vis-
iting NIH Senior Neuroscience Fellowship Program at— 
(1) the Defense Advanced Research Projects 
Agency; and 
(2) the Defense Center of Excellence for Psy-
chological Health and Traumatic Brain Injury. 
(b) ACTIVITIES OF THE PROGRAM.—In establishing 
the Visiting NIH Senior Neuroscience Fellowship Pro-
gram under subsection (a), the Secretary shall require the 
program to— 
(1) provide a partnership between the National 
Institutes of Health and the Defense Advanced Re-
search Projects Agency to enable identification and 
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funding of the broadest range of innovative, highest 
quality clinical and experimental neuroscience stud-
ies for the benefit of members of the Armed Forces; 
(2) provide a partnership between the National 
Institutes of Health and the Defense Center of Ex-
cellence for Psychological Health and Traumatic 
Brain Injury that will enable identification and 
funding of clinical and experimental neuroscience 
studies for the benefit of members of the Armed 
Forces; 
(3) use the results of the studies described in 
paragraph (1) and (2) to enhance the mission of the 
National Institutes of Health for the benefit of the 
public; and 
(4) provide a military and civilian collaborative 
environment for neuroscience-based medical prob-
lem-solving in critical areas affecting both military 
and civilian life, particularly post-traumatic stress 
disorder. 
(c) PERIOD OF FELLOWSHIP.—The period of any fel-
lowship under the Program shall not last more than 2 
years and shall not continue unless agreed upon by the 
parties concerned. 
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HR 2647 PCS 
SEC. 248. AUTHORITY FOR NATIONAL AERONAUTICS AND 
SPACE ADMINISTRATION FEDERALLY FUND-
ED RESEARCH AND DEVELOPMENT CENTERS 
TO PARTICIPATE IN MERIT-BASED TECH-
NOLOGY 
RESEARCH 
AND 
DEVELOPMENT 
PROGRAMS. 
Section 217(f)(1) of the National Defense Authoriza-
tion Act for Fiscal Year 1995 (Public Law 103–337; 108 
Stat 2695) is amended by adding at the end the following 
new subparagraph: 
‘‘(C) A federally funded research and development 
center of the National Aeronautics and Space Administra-
tion that functions primarily as a research laboratory may 
respond to broad agency announcements under programs 
authorized by the Federal Government for the purpose of 
promoting the research, development, demonstration, or 
transfer of technology in a manner consistent with the 
terms and conditions of such program, for activities in-
cluding, but not limited to, those conducted by the center 
under contract with or on behalf of the Department of 
Defense or through transfer of funds from the Depart-
ment of Defense to the National Aeronautics and Space 
Administration.’’. 
TITLE III—OPERATION AND 
MAINTENANCE 
Subtitle A—Authorization of Appropriations 
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HR 2647 PCS 
Sec. 301. Operation and maintenance funding. 
Subtitle B—Environmental Provisions 
Sec. 311. Clarification of requirement for use of available funds for Department 
of Defense participation in conservation banking programs. 
Sec. 312. Reauthorization of title I of Sikes Act. 
Sec. 313. Authority of Secretary of a military department to enter into inter-
agency agreements for land management on Department of 
Defense installations. 
Sec. 314. Reauthorization of pilot program for invasive species management for 
military installations in Guam. 
Sec. 315. Reimbursement of Environmental Protection Agency for certain costs 
in connection with the Former Nansemond Ordnance Depot 
Site, Suffolk, Virginia. 
Subtitle C—Workplace and Depot Issues 
Sec. 321. Public-private competition required before conversion of any Depart-
ment of Defense function performed by civilian employees to 
contractor performance. 
Sec. 322. Time limitation on duration of public-private competitions. 
Sec. 323. Inclusion of installation of major modifications in definition of depot- 
level maintenance and repair. 
Sec. 324. Modification of authority for Army industrial facilities to engage in 
cooperative activities with non-Army entities. 
Sec. 325. Cost-benefit analysis of alternatives for performance of planned main-
tenance interval events and concurrent modifications performed 
on the AV–8B Harrier weapons system. 
Sec. 326. Termination of certain public-private competitions for conversion of 
Department of Defense functions to performance by a con-
tractor. 
Sec. 327. Temporary suspension of public-private competitions for conversion of 
Department of Defense functions to performance by a con-
tractor. 
Sec. 328. Requirement for debriefings related to conversion of functions from 
performance by Federal employees to performance by a con-
tractor. 
Sec. 329. Amendments to bid protest procedures by Federal employees and 
agency officials in conversions of functions from performance 
by Federal employees to performance by a contractor. 
Subtitle D—Energy Security 
Sec. 331. Authorization of appropriations for Director of Operational Energy. 
Sec. 332. Report on implementation of Comptroller General recommendations 
on fuel demand management at forward-deployed locations. 
Sec. 333. Consideration of renewable fuels. 
Sec. 334. Department of Defense goal regarding procurement of renewable 
aviation fuels. 
Subtitle E—Reports 
Sec. 341. Annual report on procurement of military working dogs. 
Subtitle F—Other Matters 
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Sec. 351. Authority for airlift transportation at Department of Defense rates 
for non-Department of Defense Federal cargoes. 
Sec. 352. Requirements for standard ground combat uniform. 
Sec. 353. Restriction on use of funds for counterthreat finance efforts. 
Sec. 354. Limitation on obligation of funds pending submission of classified 
justification material. 
Sec. 355. Condition-based maintenance demonstration programs. 
Subtitle A—Authorization of 
Appropriations 
SEC. 301. OPERATION AND MAINTENANCE FUNDING. 
Funds are hereby authorized to be appropriated for 
fiscal year 2010 for the use of the Armed Forces and other 
activities and agencies of the Department of Defense for 
expenses, not otherwise provided for, for operation and 
maintenance, in amounts as follows: 
(1) For the Army, $31,398,432,000. 
(2) For the Navy, $35,330,997,000. 
(3) For the Marine Corps, $5,570,823,000. 
(4) For the Air Force, $34,451,654,000. 
(5) 
For 
Defense-wide 
activities, 
$29,016,532,000. 
(6) For the Army Reserve, $2,572,196,000. 
(7) For the Naval Reserve, $1,292,501,000. 
(8) 
For 
the 
Marine 
Corps 
Reserve, 
$228,925,000. 
(9) For the Air Force Reserve, $3,088,528,000. 
(10) 
For 
the 
Army 
National 
Guard, 
$6,268,884,000. 
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(11) 
For 
the 
Air 
National 
Guard, 
$5,919,461,000. 
(12) For the United States Court of Appeals 
for the Armed Forces, $13,932,000. 
(13) For the Acquisition Development Work-
force Fund, $100,000,000. 
(14) For Environmental Restoration, Army, 
$415,864,000. 
(15) For Environmental Restoration, Navy, 
$285,869,000. 
(16) For Environmental Restoration, Air Force, 
$494,276,000. 
(17) For Environmental Restoration, Defense- 
wide, $11,100,000. 
(18) For Environmental Restoration, Formerly 
Used Defense Sites, $267,700,000. 
(19) For Overseas Humanitarian, Disaster, and 
Civic Aid programs, $109,869,000. 
(20) For Cooperative Threat Reduction pro-
grams, $434,093,000. 
(21) For the Overseas Contingency Operations 
Transfer Fund, $5,000,000. 
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HR 2647 PCS 
Subtitle B—Environmental 
Provisions 
SEC. 311. CLARIFICATION OF REQUIREMENT FOR USE OF 
AVAILABLE FUNDS FOR DEPARTMENT OF DE-
FENSE PARTICIPATION IN CONSERVATION 
BANKING PROGRAMS. 
Section 2694c of title 10, United States Code, is 
amended— 
(1) in subsection (a), by striking ‘‘to carry out 
this section’’; 
(2) by redesignating subsection (d) as sub-
section (e); and 
(3) by inserting after subsection (c) the fol-
lowing new subsection (d): 
‘‘(d) SOURCE OF FUNDS.—(1) Amounts described in 
paragraph (2) shall be available for activities under this 
section. 
‘‘(2) Amounts described in this paragraph are 
amounts available for any of the following: 
‘‘(A) Operation and maintenance. 
‘‘(B) Military construction. 
‘‘(C) Research, development, test, and evalua-
tion. 
‘‘(D) The Support for United States Relocation 
to Guam Account established under section 2824 of 
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101 
HR 2647 PCS 
the Duncan Hunter National Defense Authorization 
Act for Fiscal Year 2009 (Public Law 110–417; 122 
Stat. 4730; 10 U.S.C. 2687 note).’’. 
SEC. 312. REAUTHORIZATION OF TITLE I OF SIKES ACT. 
(a) REAUTHORIZATION.—Section 108 of the Sikes 
Act (16 U.S.C. 670f) is amended by striking ‘‘fiscal years 
2004 through 2008’’ each place it appears and inserting 
‘‘fiscal years 2010 through 2015’’. 
(b) CLARIFICATION OF AUTHORIZATIONS.—Such sec-
tion is further amended— 
(1) in subsection (b), by striking ‘‘There are 
authorized’’ and inserting ‘‘Of the amounts author-
ized to be appropriated to the Department of De-
fense, there are authorized’’; and 
(2) in subsection (c), by striking ‘‘There are au-
thorized’’ and inserting ‘‘Of the amounts authorized 
to be appropriated to the Department of the Inte-
rior, there are authorized’’. 
SEC. 313. AUTHORITY OF SECRETARY OF A MILITARY DE-
PARTMENT TO ENTER INTO INTERAGENCY 
AGREEMENTS FOR LAND MANAGEMENT ON 
DEPARTMENT OF DEFENSE INSTALLATIONS. 
(a) AUTHORITY.—Section 103 of the Sikes Act (16 
U.S.C. 670c–1) is amended— 
(1) in subsection (a)— 
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HR 2647 PCS 
(A) by inserting after ‘‘and individuals’’ 
the following: ‘‘, and into interagency agree-
ments with the heads of other Federal depart-
ments and agencies,’’; and 
(B) in paragraph (2), by inserting ‘‘or 
interagency 
agreement’’ 
after 
‘‘cooperative 
agreement’’; 
(2) in subsection (b), by inserting ‘‘or inter-
agency agreement’’ after ‘‘cooperative agreement’’; 
and 
(3) in subsection (c), by inserting ‘‘and inter-
agency agreements’’ after ‘‘cooperative agreements’’ 
the first place it appears. 
(b) CLERICAL AMENDMENTS.—The heading for such 
section is amended by inserting ‘‘AND INTERAGENCY’’ 
after ‘‘COOPERATIVE’’and the table of contents for such 
Act is conformed accordingly. 
SEC. 314. REAUTHORIZATION OF PILOT PROGRAM FOR 
INVASIVE SPECIES MANAGEMENT FOR MILI-
TARY INSTALLATIONS IN GUAM. 
Section 101(g)(1) of the Sikes Act (16 U.S.C. 
670a(g)(1)) is amended by striking ‘‘fiscal years 2004 
through 2008’’ and inserting ‘‘fiscal years 2010 through 
2015’’. 
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SEC. 315. REIMBURSEMENT OF ENVIRONMENTAL PROTEC-
TION AGENCY FOR CERTAIN COSTS IN CON-
NECTION WITH THE FORMER NANSEMOND 
ORDNANCE DEPOT SITE, SUFFOLK, VIRGINIA. 
(a) AUTHORITY TO REIMBURSE.— 
(1) TRANSFER
AMOUNT.—Using funds de-
scribed in subsection (b) and notwithstanding sec-
tion 2215 of title 10, United States Code, the Sec-
retary of Defense may transfer not more than 
$68,623 during fiscal year 2010 to the Former 
Nansemond Ordnance Depot Site Special Account, 
within the Hazardous Substance Superfund. 
(2) PURPOSE OF REIMBURSEMENT.—The pay-
ment under paragraph (1) is final payment to reim-
burse the Environmental Protection Agency for all 
costs incurred in overseeing a time critical removal 
action performed by the Department of Defense 
under the Defense Environmental Restoration Pro-
gram for ordnance and explosive safety hazards at 
the Former Nansemond Ordnance Depot Site, Suf-
folk, Virginia. 
(3) INTERAGENCY
AGREEMENT.—The reim-
bursement described in paragraph (2) is provided for 
in an interagency agreement entered into by the De-
partment of the Army and the Environmental Pro-
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tection Agency for the Former Nansemond Ord-
nance Depot Site in December 1999. 
(b) SOURCE OF FUNDS.—Any payment under sub-
section (a) shall be made using funds authorized to be ap-
propriated by section 301(17) of this Act for operation 
and maintenance for Environmental Restoration, For-
merly Used Defense Sites. 
(c) USE OF FUNDS.—The Environmental Protection 
Agency shall use the amount transferred under subsection 
(a) to pay costs incurred by the agency at the Former 
Nansemond Ordnance Depot Site. 
SEC. 316. PROCUREMENT AND USE OF MUNITIONS. 
The Secretary of Defense shall— 
(1) in making decisions with respect to the pro-
curement of munitions, develop methods to account 
for the full life-cycle costs of munitions, including 
the effects of failure rates on the cost of disposal; 
(2) undertake a review of live-fire practices for 
the purpose of reducing unexploded ordnance and 
munitions-constituent contamination without imped-
ing military readiness; and 
(3) not later than 180 days after the date of 
the enactment of this Act, and annually thereafter, 
submit to Congress a report on the methods devel-
oped pursuant to this section and the progress of the 
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live-fire review and recommendations for reducing 
the life-cycle costs of munitions, unexploded ord-
nance, and munitions-constituent contamination. 
SEC. 317. PROHIBITION ON DISPOSING OF WASTE IN OPEN- 
AIR BURN PITS. 
(a) IN GENERAL.—The Secretary of Defense shall 
prohibit the disposal of covered waste in an open-air burn 
pit during a contingency operation lasting longer than 1 
year. 
(b) REGULATIONS.—Not later than 1 year after the 
date of the enactment of this Act, the Secretary of Defense 
shall prescribe regulations to carry out this section. 
(c) REPORT.—Not later than 180 days after the date 
of the enactment of this Act, the Secretary shall submit 
to Congress a report on the use of open-air burn pits in 
contingency operations. The report shall include— 
(1) a description of each type of waste burned 
in such open-air burn pits; and 
(2) a discussion of the feasibility of alternative 
methods of disposing of covered waste, including— 
(A) a plan to use such alternative methods; 
or 
(B) if the Secretary determines that no 
such alternative method is feasible, a detailed 
discussion explaining why open-air burn pits are 
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HR 2647 PCS 
the only feasible method of disposing of such 
waste. 
(d) DEFINITIONS.—In this section: 
(1) The term ‘‘contingency operation’’ has the 
meaning given that term by section 101(a)(13) of 
title 10, United States Code. 
(2) The term ‘‘covered waste’’ includes— 
(A) hazardous waste, as defined by section 
1004(5) of the Solid Waste Disposal Act (42 
U.S.C. 6903(5)); 
(B) medical waste; and 
(C) solid waste containing plastic. 
SEC. 318. MILITARY MUNITIONS RESPONSE SITES. 
(a) INFORMATION SHARING.—Section 2710(a)(2)(B) 
of title 10, United States Code, is amended by inserting 
‘‘, county,’’ after ‘‘identification of the State’’. 
(b) MILITARY MUNITIONS RESPONSE PROGRAM AND 
INSTALLATION RESTORATION PROGRAM.—The Secretary 
of Defense shall— 
(1) as part of the Secretary’s annual budget 
submission to Congress, include the funding levels 
requested for Military Munitions Response Program 
and Installation Restoration Program; and 
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HR 2647 PCS 
(2) evaluate and report on the progress of such 
programs in the Defense Environmental Program’s 
Annual Report to Congress. 
Subtitle C—Workplace and Depot 
Issues 
SEC. 321. PUBLIC-PRIVATE COMPETITION REQUIRED BE-
FORE CONVERSION OF ANY DEPARTMENT OF 
DEFENSE FUNCTION PERFORMED BY CIVIL-
IAN EMPLOYEES TO CONTRACTOR PERFORM-
ANCE. 
(a) REQUIREMENT.—Section 2461(a)(1) of title 10, 
United States Code, is amended— 
(1) by striking ‘‘A function’’ and inserting ‘‘No 
function’’; 
(2) by striking ‘‘10 or more’’; and 
(3) by striking ‘‘may not be converted’’ and in-
serting ‘‘may be converted’’. 
(b) EFFECTIVE DATE.—The amendments made by 
subsection (a) shall apply with respect to a function for 
which a public-private competition is commenced on or 
after the date of the enactment of this Act. 
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108 
HR 2647 PCS 
SEC. 322. TIME LIMITATION ON DURATION OF PUBLIC-PRI-
VATE COMPETITIONS. 
(a) TIME LIMITATION.—Section 2461(a) of title 10, 
United States Code, is amended by adding at the end the 
following new paragraph: 
‘‘(5)(A) The duration of a public-private competition 
conducted pursuant to Office of Management and Budget 
Circular A–76 or any other provision of law for any func-
tion of the Department of Defense performed by Depart-
ment of Defense civilian employees may not exceed a pe-
riod of 540 days, commencing on the date on which the 
preliminary planning for the public-private competition be-
gins through the date on which a performance decision 
is rendered with respect to the function. 
‘‘(B) The time period specified in subparagraph (A) 
for a public-private competition does not include any day 
during which the public-private competition is delayed by 
reason of a protest before the Government Accountability 
Office or the United States Court of Federal Claims un-
less the Secretary of Defense determines that the delay 
is caused by issues being raised during the appellate proc-
ess that were not previously raised during the competition. 
‘‘(C) In this paragraph, the term ‘preliminary plan-
ning’ with respect to a public-private competition means 
any action taken to carry out any of the following activi-
ties: 
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‘‘(i) Determining the scope of the competition. 
‘‘(ii) Conducting research to determine the ap-
propriate grouping of functions for the competition. 
‘‘(iii) Assessing the availability of workload 
data, quantifiable outputs of functions, and agency 
or industry performance standards applicable to the 
competition. 
‘‘(iv) Determining the baseline cost of any func-
tion for which the competition is conducted.’’. 
(b) EFFECTIVE DATE.—Paragraph (5) of section 
2461(a) of title 10, United States Code, as added by sub-
section (a), shall apply with respect to a public-private 
competition covered by such section that is being con-
ducted on or after the date of the enactment of this Act. 
SEC. 323. INCLUSION OF INSTALLATION OF MAJOR MODI-
FICATIONS IN DEFINITION OF DEPOT-LEVEL 
MAINTENANCE AND REPAIR. 
Section 2460 of title 10, United States Code, is 
amended in the second sentence— 
(1) by striking ‘‘and’’ before ‘‘(2)’’; and 
(2) by inserting before the period at the end the 
following: ‘‘, and (3) the installation of major modi-
fications, including performance or safety modifica-
tions’’. 
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110 
HR 2647 PCS 
SEC. 324. MODIFICATION OF AUTHORITY FOR ARMY INDUS-
TRIAL FACILITIES TO ENGAGE IN COOPERA-
TIVE ACTIVITIES WITH NON-ARMY ENTITIES. 
The second sentence of section 4544(a) of title 10, 
United States Code, is amended by inserting before the 
period at the end the following: ‘‘in addition to the con-
tracts and cooperative agreements in effect as of the date 
of the enactment of the National Defense Authorization 
Act for Fiscal Year 2008 (Public Law 110–181)’’. 
SEC. 325. COST-BENEFIT ANALYSIS OF ALTERNATIVES FOR 
PERFORMANCE OF PLANNED MAINTENANCE 
INTERVAL EVENTS AND CONCURRENT MODI-
FICATIONS PERFORMED ON THE AV–8B HAR-
RIER WEAPONS SYSTEM. 
(a) COST-BENEFIT ANALYSIS REQUIRED.—The Sec-
retary of the Navy, in consultation with the Commandant 
of the Marine Corps, shall carry out a thorough economic 
analysis of the costs and benefits associated with each al-
ternative the Secretary is considering for the performance 
of planned maintenance interval events and concurrent or 
stand alone modifications performed on the AV–8B Har-
rier weapons system. Such analysis shall be performed in 
accordance with Department of Defense Instruction 
7043.1, entitled ‘‘Economic Analysis for Decisionmaking’’, 
and Office of Management and Budget Circular A–94, en-
titled ‘‘Guidelines and Discount Rates for Benefit-Cost 
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Analysis of Federal Programs’’ and dated October 29, 
1992, and, for each such alternative, shall include an as-
sessment of the following: 
(1) The effect of the loss of workload on or-
ganic depot labor rates associated with each alter-
native. 
(2) The effect on the depot net operating result 
for each such alternative. 
(3) The effect on long-term sustainment of 
depot-level capabilities for future support of core 
workload throughout the life cycle of the AV–8B 
Harrier weapons system. 
(4) The risk to readiness, the aviation safety 
risk, and the enterprise-wide financial risk associ-
ated with each such alternative. 
(b) REPORT REQUIRED.—Not later than 180 days 
after the date of the enactment of this Act, the Secretary 
of the Navy shall submit to the congressional defense com-
mittees a report on the cost-benefit analysis required in 
subsection (a). The report shall include each of the fol-
lowing: 
(1) The criteria and rationale used to classify 
work as organization-level maintenance or depot- 
level maintenance. 
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HR 2647 PCS 
(2) An explanation of the core logistics capabili-
ties and associated workload requirements for the 
AV–8B weapons system, including an explanation of 
how such requirements were determined and ration-
ale for classifying the planned maintenance interval 
events and concurrent or stand alone modifications 
on the AV–8B as above core workload. 
(3) An assessment of the effects of proposed 
workload transfer on the Department of the Navy’s 
division of depot maintenance funding between pub-
lic and private sectors in accordance with section 
2466(a) of title 10, United States Code. 
(c) PROHIBITION ON CONTRACTING ACTIVITIES.— 
The Secretary of the Navy may not enter into a contract 
for the performance of planned maintenance interval 
events or associated depot-level maintenance activities, in-
cluding concurrent or stand alone modifications, by non- 
Federal Government personnel until 90 days after the date 
on which the Secretary completes the assessment required 
under subsection (a) and submits the report required 
under subsection (b). 
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113 
HR 2647 PCS 
SEC. 326. TERMINATION OF CERTAIN PUBLIC-PRIVATE 
COMPETITIONS FOR CONVERSION OF DE-
PARTMENT OF DEFENSE FUNCTIONS TO PER-
FORMANCE BY A CONTRACTOR. 
(a) TEMPORARY SUSPENSION OF PENDING STUD-
IES.—The Secretary of Defense shall halt all pending pub-
lic-private competitions being conducted pursuant to sec-
tion 2461 of title 10, United States Code, or Office of 
Management and Budget Circular A–76 that had not re-
sulted in conversion to performance to a contractor as of 
March 26, 2009, until such time as the Secretary may 
review such competitions. 
(b) REVIEW AND APPROVAL PROCESS.— 
(1) REVIEW REQUIRED.—Before recommencing 
any pending study for a public-private competition 
halted under subsection (a), the Secretary of De-
fense shall review all the studies halted by reason of 
that subsection and take the following actions with 
respect to each such study: 
(A) Describe the methodology and data 
sources along with outside resources to gather 
and analyze information necessary to estimate 
cost savings. 
(B) Certify that the estimated savings are 
still achievable. 
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HR 2647 PCS 
ber of Reserves to be serving on full-time active duty or 
full-time duty, in the case of members of the National 
Guard, for the purpose of organizing, administering, re-
cruiting, instructing, or training the reserve components: 
(1) The Army National Guard of the United 
States, 32,060. 
(2) The Army Reserve, 16,261. 
(3) The Navy Reserve, 10,818. 
(4) The Marine Corps Reserve, 2,261. 
(5) The Air National Guard of the United 
States, 14,555. 
(6) The Air Force Reserve, 2,896. 
SEC. 413. END STRENGTHS FOR MILITARY TECHNICIANS 
(DUAL STATUS). 
The minimum number of military technicians (dual 
status) as of the last day of fiscal year 2010 for the re-
serve components of the Army and the Air Force (notwith-
standing section 129 of title 10, United States Code) shall 
be the following: 
(1) For the Army Reserve, 8,395. 
(2) For the Army National Guard of the United 
States, 27,210. 
(3) For the Air Force Reserve, 10,417. 
(4) For the Air National Guard of the United 
States, 22,313. 
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137 
HR 2647 PCS 
SEC. 414. FISCAL YEAR 2010 LIMITATION ON NUMBER OF 
NON-DUAL STATUS TECHNICIANS. 
(a) LIMITATIONS.— 
(1) NATIONAL GUARD.—Within the limitation 
provided in section 10217(c)(2) of title 10, United 
States Code, the number of non-dual status techni-
cians employed by the National Guard as of Sep-
tember 30, 2010, may not exceed the following: 
(A) For the Army National Guard of the 
United States, 2,191. 
(B) For the Air National Guard of the 
United States, 350. 
(2) ARMY RESERVE.—The number of non-dual 
status technicians employed by the Army Reserve as 
of September 30, 2010, may not exceed 595. 
(3) AIR FORCE RESERVE.—The number of non- 
dual status technicians employed by the Air Force 
Reserve as of September 30, 2010, may not exceed 
90. 
(b) NON-DUAL STATUS TECHNICIANS DEFINED.—In 
this section, the term ‘‘non-dual status technician’’ has the 
meaning given that term in section 10217(a) of title 10, 
United States Code. 
(c) CONFORMING AMENDMENT TO STATUTORY LIMI-
TATION.—Section 10217(c)(2) of title 10, United States 
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