H. R. 2647 
One Hundred Eleventh Congress 
of the 
United States of America 
AT THE FIRST SESSION 
Begun and held at the City of Washington on Tuesday, 
the sixth day of January, two thousand and nine 
An Act 
To authorize appropriations for fiscal year 2010 for military activities of the 
Department of Defense, for military construction, and for defense activities of 
the Department of Energy, to prescribe military personnel strengths for such 
fiscal year, and for other purposes. 
Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘National Defense Authorization 
Act for Fiscal Year 2010’’. 
SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF CONTENTS. 
(a) DIVISIONS.—This Act is organized into five divisions as 
follows: 
(1) Division A—Department of Defense Authorizations. 
(2) Division B—Military Construction Authorizations. 
(3) Division C—Department of Energy National Security 
Authorizations and Other Authorizations. 
(4) Division D—Funding tables. 
(5) Division E—Matthew Shepard and James Byrd, Jr. 
Hate Crimes Prevention Act 
(b) TABLE OF CONTENTS.—The table of contents for this Act 
is as follows: 
Sec. 1. Short title. 
Sec. 2. Organization of Act into divisions; table of contents. 
Sec. 3. Congressional defense committees. 
DIVISION A—DEPARTMENT OF DEFENSE AUTHORIZATIONS 
TITLE I—PROCUREMENT 
Subtitle A—Authorization of Appropriations 
Sec. 101. Army. 
Sec. 102. Navy and Marine Corps. 
Sec. 103. Air Force. 
Sec. 104. Defense-wide activities. 
Sec. 105. National Guard and Reserve equipment. 
Sec. 106. Mine Resistant Ambush Protected Vehicle Fund. 
Sec. 107. Relation to funding table. 
Subtitle B—Army Programs 
Sec. 111. Procurement of Future Combat Systems spin out early-infantry brigade 
combat team equipment. 
Subtitle C—Navy Programs 
Sec. 121. Littoral Combat Ship program. 
Sec. 122. Treatment of Littoral Combat Ship program as a major defense acquisi-
tion program. 
Sec. 123. Report on strategic plan for homeporting the Littoral Combat Ship.
H. R. 2647—2 
Sec. 124. Advance procurement funding. 
Sec. 125. Procurement programs for future naval surface combatants. 
Sec. 126. Ford-class aircraft carrier report. 
Sec. 127. Report on a service life extension program for Oliver Hazard Perry class 
frigates. 
Sec. 128. Conditional multiyear procurement authority for F/A–18E, F/A–18F, or 
EA–18G aircraft. 
Subtitle D—Air Force Programs 
Sec. 131. Report on the procurement of 4.5 generation fighter aircraft. 
Sec. 132. Revised availability of certain funds available for the F–22A fighter air-
craft. 
Sec. 133. Preservation and storage of unique tooling for F–22 fighter aircraft. 
Sec. 134. AC–130 gunships. 
Sec. 135. Report on E–8C Joint Surveillance and Target Attack Radar System re- 
engining. 
Sec. 136. Repeal of requirement to maintain certain retired C–130E aircraft. 
Sec. 137. Limitation on retirement of C–5 aircraft. 
Sec. 138. Reports on strategic airlift aircraft. 
Sec. 139. Strategic airlift force structure. 
Subtitle E—Joint and Multiservice Matters 
Sec. 141. Body armor procurement. 
Sec. 142. Unmanned cargo-carrying-capable aerial vehicles. 
Sec. 143. Modification of nature of data link for use by tactical unmanned aerial 
vehicles. 
TITLE II—RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 
Subtitle A—Authorization of Appropriations 
Sec. 201. Authorization of appropriations. 
Sec. 202. Relation to funding table. 
Subtitle B—Program Requirements, Restrictions, and Limitations 
Sec. 211. Extension and enhancement of Global Research Watch Program. 
Sec. 212. Permanent authority for the Joint Defense Manufacturing Technology 
Panel. 
Sec. 213. Elimination of report requirements regarding Defense Science and Tech-
nology Program. 
Sec. 214. Authorization for the Secretary of the Navy to purchase infrastructure 
and Government purpose rights license associated with the Navy-Ma-
rine Corps intranet. 
Sec. 215. Limitation on expenditure of funds for Joint Multi-Mission Submersible 
program. 
Sec. 216. Separate program elements required for research and development of in-
dividual body armor and associated components. 
Sec. 217. Separate procurement and research, development, test, and evaluation 
line items and program elements for the F-35B and F-35C joint strike 
fighter aircraft. 
Sec. 218. Restriction on obligation of funds for Army tactical ground network pro-
gram pending receipt of report. 
Sec. 219. Programs for ground combat vehicle and self-propelled howitzer capabili-
ties for the Army. 
Sec. 220. Guidance on budget justification materials describing funding requested 
for operation, sustainment, modernization, and personnel of major 
ranges and test facilities. 
Sec. 221. Assessment of technological maturity and integration risk of Army mod-
ernization programs. 
Sec. 222. Assessment of activities for technology modernization of the combat vehi-
cle and armored tactical wheeled vehicle fleets. 
Subtitle C—Missile Defense Programs 
Sec. 231. Sense of Congress on ballistic missile defense. 
Sec. 232. Assessment and plan for the Ground-based Midcourse Defense element of 
the Ballistic Missile Defense System. 
Sec. 233. Continued production of Ground-based Interceptor missile and operation 
of Missile Field 1 at Fort Greely, Alaska. 
Sec. 234. Limitation on availability of funds for acquisition or deployment of missile 
defenses in Europe. 
Sec. 235. Authorization of funds for development and deployment of alternative 
missile defense systems in Europe.
H. R. 2647—3 
Sec. 236. Comprehensive plan for test and evaluation of the ballistic missile de-
fense system. 
Sec. 237. Study on discrimination capabilities of ballistic missile defense system. 
Sec. 238. Ascent phase missile defense strategy and plan. 
Sec. 239. Extension of deadline for study on boost-phase missile defense. 
Subtitle D—Reports 
Sec. 241. Repeal of requirement for biennial joint warfighting science and tech-
nology plan. 
Sec. 242. Modification of reporting requirement for defense nanotechnology re-
search and development program. 
Sec. 243. Comptroller General assessment of coordination of energy storage device 
requirements, purchases, and investments. 
Sec. 244. Annual Comptroller General report on the F–35 Lightning II aircraft ac-
quisition program. 
Sec. 245. Report on integration of Department of Defense intelligence, surveillance, 
and reconnaissance capabilities. 
Sec. 246. Report on future research and development of man-portable and vehicle- 
mounted guided missile systems. 
Sec. 247. Report on the development of command and control systems. 
Sec. 248. Evaluation of Extended Range Modular Sniper Rifle Systems. 
Subtitle E—Other Matters 
Sec. 251. Enhancement of duties of Director of Department of Defense Test Re-
source Management Center with respect to the Major Range and Test 
Facility Base. 
Sec. 252. Establishment of program to enhance participation of historically black 
colleges and universities and minority-serving institutions in defense re-
search programs. 
Sec. 253. Extension of authority to award prizes for advanced technology achieve-
ments. 
Sec. 254. Authority for National Aeronautics and Space Administration federally 
funded research and development centers to participate in merit-based 
technology research and development programs. 
Sec. 255. Next generation bomber aircraft. 
TITLE III—OPERATION AND MAINTENANCE 
Subtitle A—Authorization of Appropriations 
Sec. 301. Operation and maintenance funding. 
Sec. 302. Relation to funding table. 
Subtitle B—Environmental Provisions 
Sec. 311. Clarification of requirement for use of available funds for Department of 
Defense participation in conservation banking programs. 
Sec. 312. Reauthorization of title I of Sikes Act. 
Sec. 313. Authority of Secretary of a military department to enter into interagency 
agreements for land management on Department of Defense installa-
tions. 
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. 
Sec. 316. Procurement and use of munitions. 
Sec. 317. Prohibition on disposing of waste in open-air burn pits. 
Sec. 318. Military munitions response sites. 
Subtitle C—Workplace and Depot Issues 
Sec. 321. Public-private competition required before conversion of any Department 
of Defense function performed by civilian employees to contractor per-
formance. 
Sec. 322. Time limitation on duration of public-private competitions. 
Sec. 323. Policy regarding installation of major modifications and upgrades. 
Sec. 324. Modification of authority for Army industrial facilities to engage in coop-
erative activities with non-Army entities. 
Sec. 325. Temporary suspension of public-private competitions for conversion of De-
partment of Defense functions to performance by a contractor. 
Sec. 326. Requirement for debriefings related to conversion of functions from per-
formance by Federal employees to performance by a contractor. 
Sec. 327. Amendments to bid protest procedures by Federal employees and agency 
officials in conversions of functions from performance by Federal em-
ployees to performance by a contractor.
H. R. 2647—4 
Sec. 328. Improvement of inventory management practices. 
Sec. 329. Modification of date for submittal to Congress of annual report on funding 
for public and private performance of depot-level maintenance and re-
pair workloads. 
Subtitle D—Energy Security 
Sec. 331. Authorization of appropriations for Director of Operational Energy. 
Sec. 332. Extension and expansion of reporting requirements regarding Depart-
ment of Defense energy efficiency programs. 
Sec. 333. Report on implementation of Comptroller General recommendations on 
fuel demand management at forward-deployed locations. 
Sec. 334. Report on use of renewable fuels to meet energy requirements of Depart-
ment of Defense. 
Sec. 335. Energy security on Department of Defense installations. 
Subtitle E—Reports 
Sec. 341. Annual report on procurement of military working dogs. 
Sec. 342. Plan for managing vegetative encroachment at training ranges. 
Sec. 343. Comptroller General report on the sustainment strategy for the AV-8B 
Harrier aircraft. 
Sec. 344. Study on Army modularity. 
Subtitle F—Other Matters 
Sec. 351. Authority for airlift transportation at Department of Defense rates for 
non-Department of Defense Federal cargoes. 
Sec. 352. Policy on ground combat and camouflage utility uniforms. 
Sec. 353. Condition-based maintenance demonstration programs. 
Sec. 354. Extension of arsenal support program initiative. 
TITLE IV—MILITARY PERSONNEL AUTHORIZATIONS 
Subtitle A—Active Forces 
Sec. 401. End strengths for active forces. 
Sec. 402. Revision in permanent active duty end strength minimum levels. 
Sec. 403. Additional authority for increases of Army active-duty end strengths for 
fiscal years 2011 and 2012. 
Subtitle B—Reserve Forces 
Sec. 411. End strengths for Selected Reserve. 
Sec. 412. End strengths for Reserves on active duty in support of the Reserves. 
Sec. 413. End strengths for military technicians (dual status). 
Sec. 414. Fiscal year 2010 limitation on number of non-dual status technicians. 
Sec. 415. Maximum number of reserve personnel authorized to be on active duty 
for operational support. 
Sec. 416. Submittal of options for creation of Trainees, Transients, Holdees, and 
Students account for the Army National Guard. 
Sec. 417. Report on requirements of the National Guard for non-dual status techni-
cians. 
Sec. 418. Expansion of authority of Secretaries of the military departments to in-
crease certain end strengths to include Selected Reserve end strengths. 
Subtitle C—Authorization of Appropriations 
Sec. 421. Military personnel. 
Sec. 422. Repeal of delayed one-time shift of military retirement payments. 
TITLE V—MILITARY PERSONNEL POLICY 
Subtitle A—Officer Personnel Policy 
Sec. 501. Grade of Legal Counsel to the Chairman of the Joint Chiefs of Staff. 
Sec. 502. Modification of limitations on general and flag officers on active duty. 
Sec. 503. Revisions to annual reporting requirement on joint officer management. 
Sec. 504. Extension of temporary increase in maximum number of days leave mem-
bers may accumulate and carryover. 
Sec. 505. Computation of retirement eligibility for enlisted members of the Navy 
who complete the Seaman to Admiral (STA–21) officer candidate pro-
gram. 
Sec. 506. Independent review of judge advocate requirements of the Department of 
the Navy. 
Subtitle B—General Service Authorities 
Sec. 511. Continuation on active duty of reserve component members during phys-
ical disability evaluation following mobilization and deployment.
H. R. 2647—5 
Sec. 512. Medical examination required before administrative separation of mem-
bers diagnosed with or reasonably asserting post-traumatic stress dis-
order or traumatic brain injury. 
Sec. 513. Legal assistance for additional reserve component members. 
Sec. 514. Limitation on scheduling of mobilization or pre-mobilization training for 
Reserve units when certain suspension of training is likely. 
Sec. 515. Evaluation of test of utility of test preparation guides and education pro-
grams in improving qualifications of recruits for the Armed Forces. 
Sec. 516. Report on presence in the Armed Forces of members associated or affili-
ated with groups engaged in prohibited activities. 
Subtitle C—Education and Training 
Sec. 521. Detail of commissioned officers as students at schools of psychology. 
Sec. 522. Appointment of persons enrolled in Advanced Course of the Army Reserve 
Officers’ Training Corps at military junior colleges as cadets in Army 
Reserve or Army National Guard of the United States. 
Sec. 523. Expansion of criteria for appointment as member of the Board of Regents 
of the Uniformed Services University of the Health Sciences. 
Sec. 524. Use of Armed Forces Health Professions Scholarship and Financial As-
sistance program to increase number of health professionals with skills 
to assist in providing mental health care. 
Sec. 525. Department of Defense undergraduate nurse training program. 
Sec. 526. Increase in number of private sector civilians authorized for admission to 
National Defense University. 
Sec. 527. Appointments to military service academies from nominations made by 
Delegate from the Commonwealth of the Northern Mariana Islands. 
Sec. 528. Athletic association for the Air Force Academy. 
Sec. 529. Language training centers for members of the Armed Forces and civilian 
employees of the Department of Defense. 
Subtitle D—Defense Dependents’ Education 
Sec. 531. Continuation of authority to assist local educational agencies that benefit 
dependents of members of the Armed Forces and Department of Defense 
civilian employees. 
Sec. 532. Impact aid for children with severe disabilities. 
Sec. 533. Two-year extension of authority for assistance to local educational agen-
cies with enrollment changes due to base closures, force structure 
changes, or force relocations. 
Sec. 534. Authority to extend eligibility for enrollment in Department of Defense el-
ementary and secondary schools to certain additional categories of de-
pendents. 
Sec. 535. Permanent authority for enrollment in defense dependents’ education sys-
tem of dependents of foreign military members assigned to Supreme 
Headquarters Allied Powers, Europe. 
Sec. 536. Determination of number of weighted student units for local educational 
agencies for receipt of basic support payments under impact aid. 
Sec. 537. Study on options for educational opportunities for dependent children of 
members of the Armed Forces when public schools attended by such 
children are determined to need improvement. 
Sec. 538. Comptroller General audit of assistance to local educational agencies for 
dependent children of members of the Armed Forces. 
Sec. 539. Sense of Congress on the Interstate Compact on Educational Opportunity 
for Military Children. 
Subtitle E—Missing or Deceased Persons 
Sec. 541. Additional requirements for accounting for members of the Armed Forces 
and Department of Defense civilian employees listed as missing in con-
flicts occurring before enactment of new system for accounting for miss-
ing persons. 
Sec. 542. Policy and procedures on media access and attendance by family members 
at ceremonies for the dignified transfer of remains of members of the 
Armed Forces who die overseas. 
Sec. 543. Report on expansion of authority of a member to designate persons to di-
rect disposition of the remains of a deceased member. 
Sec. 544. Sense of Congress on the recovery of the remains of members of the 
Armed Forces who were killed during World War II in the battle of 
Tarawa Atoll. 
Subtitle F—Decorations and Awards 
Sec. 551. Authorization and request for award of Medal of Honor to Anthony T. 
Kaho’ohanohano for acts of valor during the Korean War.
H. R. 2647—6 
Sec. 552. Authorization and request for award of Distinguished-Service Cross to 
Jack T. Stewart for acts of valor during the Vietnam War. 
Sec. 553. Authorization and request for award of Distinguished-Service Cross to 
William T. Miles, Jr., for acts of valor during the Korean War. 
Subtitle G—Military Family Readiness Matters 
Sec. 561. Establishment of online resources to provide information about benefits 
and services available to members of the Armed Forces and their fami-
lies. 
Sec. 562. Additional members on Department of Defense Military Family Readiness 
Council. 
Sec. 563. Support for military families with special needs. 
Sec. 564. Pilot program to secure internships for military spouses with Federal 
agencies. 
Sec. 565. Family and medical leave for family of servicemembers. 
Sec. 566. Deadline for report on sexual assault in the Armed Forces by Defense 
Task Force on Sexual Assault in the Military Services. 
Sec. 567. Improved prevention and response to allegations of sexual assault involv-
ing members of the Armed Forces. 
Sec. 568. Comptroller General report on progress made in implementing rec-
ommendations to reduce domestic violence in military families. 
Sec. 569. Report on impact of domestic violence on military families. 
Sec. 570. Report on international intrafamilial abduction of children of members of 
the Armed Forces. 
Sec. 571. Assessment of impact of deployment of members of the Armed Forces on 
their dependent children. 
Sec. 572. Report on child custody litigation involving service of members of the 
Armed Forces. 
Sec. 573. Comptroller General report on child care assistance for members of the 
Armed Forces. 
Subtitle H—Military Voting 
Sec. 575. Short title. 
Sec. 576. Clarification regarding delegation of State responsibilities to local juris-
dictions. 
Sec. 577. Establishment of procedures for absent uniformed services voters and 
overseas voters to request and for States to send voter registration ap-
plications and absentee ballot applications by mail and electronically. 
Sec. 578. Establishment of procedures for States to transmit blank absentee ballots 
by mail and electronically to absent uniformed services voters and over-
seas voters. 
Sec. 579. Ensuring absent uniformed services voters and overseas voters have time 
to vote. 
Sec. 580. Procedures for collection and delivery of marked absentee ballots of ab-
sent overseas uniformed services voters. 
Sec. 581. Federal write-in absentee ballot. 
Sec. 582. Prohibiting refusal to accept voter registration and absentee ballot appli-
cations, marked absentee ballots, and Federal write-in absentee ballots 
for failure to meet certain requirements. 
Sec. 583. Federal Voting Assistance Program Improvements. 
Sec. 584. Development of standards for reporting and storing certain data. 
Sec. 585. Repeal of provisions relating to use of single application for all subse-
quent elections. 
Sec. 586. Reporting requirements. 
Sec. 587. Annual report on enforcement. 
Sec. 588. Requirements payments. 
Sec. 589. Technology pilot program. 
Subtitle I—Other Matters 
Sec. 591. Clarification of performance policies for military musical units and musi-
cians. 
Sec. 592. Navy grants for purposes of Naval Sea Cadet Corps. 
Sec. 593. Modification of matching fund requirements under National Guard Youth 
Challenge Program. 
Sec. 594. Expansion of Military Leadership Diversity Commission to include re-
serve component representatives. 
Sec. 595. Expansion of suicide prevention and community healing and response 
training under the Yellow Ribbon Reintegration Program. 
Sec. 596. Comprehensive plan on prevention, diagnosis, and treatment of substance 
use disorders and disposition of substance abuse offenders in the Armed 
Forces.
H. R. 2647—7 
Sec. 597. Reports on Yellow Ribbon Reintegration Program and other reintegration 
programs. 
Sec. 598. Reports on progress in completion of certain incident information man-
agement tools. 
TITLE VI—COMPENSATION AND OTHER PERSONNEL BENEFITS 
Subtitle A—Pay and Allowances 
Sec. 601. Fiscal year 2010 increase in military basic pay. 
Sec. 602. Increase in maximum monthly amount of supplemental subsistence allow-
ance for low-income members with dependents. 
Sec. 603. Special compensation for members of the uniformed services with cata-
strophic injuries or illnesses requiring assistance in everyday living. 
Sec. 604. Benefits under Post-Deployment/Mobilization Respite Absence program 
for certain periods before implementation of program. 
Sec. 605. Report on housing standards and housing surveys used to determine 
basic allowance for housing. 
Sec. 606. Comptroller General comparative assessment of military and private-sec-
tor pay and benefits. 
Subtitle B—Bonuses and Special and Incentive Pays 
Sec. 611. One-year extension of certain bonus and special pay authorities for re-
serve forces. 
Sec. 612. One-year extension of certain bonus and special pay authorities for health 
care professionals. 
Sec. 613. One-year extension of special pay and bonus authorities for nuclear offi-
cers. 
Sec. 614. One-year extension of authorities relating to title 37 consolidated special 
pay, incentive pay, and bonus authorities. 
Sec. 615. One-year extension of authorities relating to payment of other title 37 bo-
nuses and special pays. 
Sec. 616. One-year extension of authorities relating to payment of referral bonuses. 
Sec. 617. Technical corrections and conforming amendments to reconcile conflicting 
amendments regarding continued payment of bonuses and similar bene-
fits for certain members. 
Sec. 618. Proration of certain special and incentive pays to reflect time during 
which a member satisfies eligibility requirements for the special or in-
centive pay. 
Sec. 619. Additional assignment pay or special duty pay authorized for members 
agreeing to serve in Afghanistan for extended periods. 
Sec. 620. Temporary authority for monthly special pay for members of the Armed 
Forces subject to continuing active duty or service under stop-loss au-
thorities. 
Sec. 621. Army authority to provide additional recruitment incentives. 
Sec. 622. Report on recruitment and retention of members of the Air Force in nu-
clear career fields. 
Subtitle C—Travel and Transportation Allowances 
Sec. 631. Travel and transportation for survivors of deceased members of the uni-
formed services to attend memorial ceremonies. 
Sec. 632. Travel and transportation allowances for designated individuals of 
wounded, ill, or injured members of the uniformed services for duration 
of inpatient treatment. 
Sec. 633. Authorized travel and transportation allowances for non-medical attend-
ants for very seriously and seriously wounded, ill, or injured members. 
Sec. 634. Reimbursement of travel expenses of members of the Armed Forces on ac-
tive duty and their dependents for travel for specialty care under excep-
tional circumstances. 
Sec. 635. Report on adequacy of weight allowances for transportation of baggage 
and household effects for members of the uniformed services. 
Subtitle D—Disability, Retired Pay, and Survivor Benefits 
Sec. 641. Transition assistance for reserve component members injured while on ac-
tive duty. 
Sec. 642. Recomputation of retired pay and adjustment of retired grade of Reserve 
retirees to reflect service after retirement. 
Sec. 643. Election to receive retired pay for non-regular service upon retirement for 
service in an active reserve status performed after attaining eligibility 
for regular retirement. 
Sec. 644. Report on re-determination process for permanently incapacitated de-
pendents of retired and deceased members of the Armed Forces.
H. R. 2647—8 
Sec. 645. Treatment as active service for retired pay purposes of service as member 
of Alaska Territorial Guard during World War II. 
Subtitle E—Commissary and Nonappropriated Fund Instrumentality Benefits and 
Operations 
Sec. 651. Limitation on Department of Defense entities offering personal informa-
tion services to members and their dependents. 
Sec. 652. Report on impact of purchasing from local distributors all alcoholic bev-
erages for resale on military installations on Guam. 
Subtitle F—Other Matters 
Sec. 661. Limitations on collection of overpayments of pay and allowances erro-
neously paid to members. 
Sec. 662. Sense of Congress on airfares for members of the Armed Forces. 
Sec. 663. Sense of Congress on establishment of flexible spending arrangements for 
the uniformed services. 
Sec. 664. Sense of Congress regarding support for compensation, retirement, and 
other military personnel programs. 
TITLE VII—HEALTH CARE PROVISIONS 
Subtitle A—Improvements to Health Benefits 
Sec. 701. Prohibition on conversion of military medical and dental positions to civil-
ian medical and dental positions. 
Sec. 702. Health care for members of the reserve components. 
Sec. 703. Enhancement of transitional dental care for members of the reserve com-
ponents on active duty for more than 30 days in support of a contin-
gency operation. 
Sec. 704. Expansion of survivor eligibility under TRICARE dental program. 
Sec. 705. TRICARE Standard coverage for certain members of the Retired Reserve 
who are qualified for a non-regular retirement but are not yet age 60. 
Sec. 706. Constructive eligibility for TRICARE benefits of certain persons otherwise 
ineligible under retroactive determination of entitlement to Medicare 
part A hospital insurance benefits. 
Sec. 707. Notification of certain individuals regarding options for enrollment under 
Medicare part B. 
Sec. 708. Mental health assessments for members of the Armed Forces deployed in 
connection with a contingency operation. 
Sec. 709. Temporary TRICARE inpatient fee modification. 
Subtitle B—Health Care Administration 
Sec. 711. Comprehensive policy on pain management by the military health care 
system. 
Sec. 712. Administration and prescription of psychotropic medications for members 
of the Armed Forces before and during deployment. 
Sec. 713. Cooperative health care agreements between military installations and 
non-military health care systems. 
Sec. 714. Plan to increase the mental health capabilities of the Department of De-
fense. 
Sec. 715. Department of Defense study on management of medications for phys-
ically and psychologically wounded members of the Armed Forces. 
Sec. 716. Limitation on obligation of funds under defense health program informa-
tion technology programs. 
Subtitle C—Other Matters 
Sec. 721. Study and plan to improve military health care. 
Sec. 722. Study, plan, and pilot for the mental health care needs of dependent chil-
dren of members of the Armed Forces. 
Sec. 723. Clinical trial on cognitive rehabilitative therapy for members and former 
members of the Armed Forces. 
Sec. 724. Department of Defense Task Force on the Care, Management, and Tran-
sition of Recovering Wounded, Ill, and Injured Members of the Armed 
Forces. 
Sec. 725. Chiropractic clinical trials. 
Sec. 726. Independent study on post-traumatic stress disorder efforts. 
Sec. 727. Report on implementation of requirements on the relationship between 
the TRICARE program and employer-sponsored group health plans. 
Sec. 728. Report on stipends for members of reserve components for health care for 
certain dependents.
H. R. 2647—9 
TITLE VIII—ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND 
RELATED MATTERS 
Subtitle A—Acquisition Policy and Management 
Sec. 801. Temporary authority to acquire products and services produced in coun-
tries along a major route of supply to Afghanistan; report. 
Sec. 802. Assessment of improvements in service contracting. 
Sec. 803. Display of annual budget requirements for procurement of contract serv-
ices and related clarifying technical amendments. 
Sec. 804. Implementation of new acquisition process for information technology sys-
tems. 
Sec. 805. Life-cycle management and product support. 
Sec. 806. Treatment of non-defense agency procurements under joint programs 
with intelligence community. 
Sec. 807. Policy and requirements to ensure the safety of facilities, infrastructure, 
and equipment for military operations. 
Subtitle B—Amendments to General Contracting Authorities, Procedures, and 
Limitation 
Sec. 811. Justification and approval of sole-source contracts. 
Sec. 812. Revision of Defense Supplement relating to payment of costs prior to 
definitization. 
Sec. 813. Revisions to definitions relating to contracts in Iraq and Afghanistan. 
Sec. 814. Amendment to notification requirements for awards of single source task 
or delivery orders. 
Sec. 815. Clarification of uniform suspension and debarment requirement. 
Sec. 816. Extension of authority for use of simplified acquisition procedures for cer-
tain commercial items. 
Sec. 817. Reporting requirements for programs that qualify as both major auto-
mated information system programs and major defense acquisition pro-
grams. 
Sec. 818. Small arms production industrial base matters. 
Sec. 819. Contract authority for advanced component development or prototype 
units. 
Sec. 820. Publication of notification of bundling of contracts of the Department of 
Defense. 
Subtitle C—Contractor Matters 
Sec. 821. Authority for Government support contractors to have access to technical 
data belonging to prime contractors. 
Sec. 822. Extension and enhancement of authorities on the Commission on War-
time Contracting in Iraq and Afghanistan. 
Sec. 823. Authority for Secretary of Defense to reduce or deny award fees to compa-
nies found to jeopardize health or safety of Government personnel. 
Subtitle D—Acquisition Workforce Matters 
Sec. 831. Enhancement of expedited hiring authority for defense acquisition work-
force positions. 
Sec. 832. Funding of Department of Defense Acquisition Workforce Development 
Fund. 
Sec. 833. Review of post-employment restrictions applicable to the Department of 
Defense. 
Sec. 834. Review of Federal acquisition workforce training and hiring. 
Subtitle E—Other Matters 
Sec. 841. Reports to Congress on full deployment decisions for major automated in-
formation system programs. 
Sec. 842. Authorization to take actions to correct the industrial resource shortfall 
for high-purity beryllium metal. 
Sec. 843. Report on rare earth materials in the defense supply chain. 
Sec. 844. Comptroller General report on structure and management of subcontrac-
tors under contracts for major weapon systems. 
Sec. 845. Study of the use of factors other than cost or price as the predominate 
factors in evaluating competitive proposals for defense procurement con-
tracts. 
Sec. 846. Repeal of requirements relating to the military system essential item 
breakout list. 
Sec. 847. Extension of SBIR and STTR programs of the Department of Defense. 
Sec. 848. Extension of authority for small business innovation research Commer-
cialization Pilot Program.
H. R. 2647—10 
TITLE IX—DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT 
Subtitle A—Department of Defense Management 
Sec. 901. Authority to allow private sector civilians to receive instruction at De-
fense Cyber Investigations Training Academy of the Defense Cyber 
Crime Center. 
Sec. 902. Organizational structure of the Office of the Assistant Secretary of De-
fense for Health Affairs and the TRICARE Management Activity. 
Sec. 903. Sense of Congress regarding the Director of Operational Energy Plans 
and Programs. 
Sec. 904. Increased flexibility for combatant commander initiative fund. 
Sec. 905. Repeal of requirement for a Deputy Under Secretary of Defense for Tech-
nology Security Policy within the Office of the Under Secretary of De-
fense for Policy. 
Sec. 906. Deputy Under Secretaries of Defense and Assistant Secretaries of De-
fense. 
Subtitle B—Space Activities 
Sec. 911. Submission and review of space science and technology strategy. 
Sec. 912. Provision of space situational awareness services and information to non- 
United States Government entities. 
Sec. 913. Management and funding strategy and implementation plan for the Na-
tional Polar-Orbiting Operational Environmental Satellite System Pro-
gram. 
Subtitle C—Intelligence-Related Matters 
Sec. 921. Inclusion of Defense Intelligence Agency in authority to use proceeds from 
counterintelligence operations. 
Sec. 922. Plan to address foreign ballistic missile intelligence analysis. 
Subtitle D—Other Matters 
Sec. 931. Implementation strategy for developing leap-ahead cyber operations capa-
bilities. 
Sec. 932. Defense integrated military human resources system development and 
transition. 
Sec. 933. Report on special operations command organization, manning, and man-
agement. 
Sec. 934. Study on the recruitment, retention, and career progression of uniformed 
and civilian military cyber operations personnel. 
Sec. 935. Plan on access to national airspace for unmanned aircraft systems. 
TITLE X—GENERAL PROVISIONS 
Subtitle A—Financial Matters 
Sec. 1001. General transfer authority. 
Sec. 1002. Relationship of the quadrennial defense review and the annual budget 
request. 
Sec. 1003. Audit readiness of financial statements of the Department of Defense. 
Subtitle B—Counter-Drug Activities 
Sec. 1011. Unified counter-drug and counterterrorism campaign in Colombia. 
Sec. 1012. Joint task forces support to law enforcement agencies conducting 
counter-terrorism activities. 
Sec. 1013. Reporting requirement on expenditures to support foreign counter-drug 
activities. 
Sec. 1014. Support for counter-drug activities of certain foreign governments. 
Sec. 1015. Border coordination centers in Afghanistan and Pakistan. 
Sec. 1016. Comptroller General report on effectiveness of accountability measures 
for assistance from counter-narcotics central transfer account. 
Subtitle C—Naval Vessels and Shipyards 
Sec. 1021. Sense of Congress on the maintenance of a 313-ship Navy. 
Sec. 1022. Designation of U.S.S. Constitution as America’s Ship of State. 
Sec. 1023. Temporary reduction in minimum number of operational aircraft car-
riers. 
Sec. 1024. Sense of Congress concerning the disposition of Submarine NR–1. 
Subtitle D—Miscellaneous Requirements, Authorities, and Limitations 
Sec. 1031. Prohibition relating to propaganda. 
Sec. 1032. Responsibility for preparation of biennial global positioning system re-
port.
H. R. 2647—11 
Sec. 1033. Reports on bandwidth requirements for major defense acquisition pro-
grams and major system acquisition programs. 
Sec. 1034. Additional duties for advisory panel on Department of Defense capabili-
ties for support of civil authorities after certain incidents. 
Sec. 1035. Charter for the National Reconnaissance Office. 
Sec. 1036. National strategic five-year plan for improving the nuclear forensic and 
attribution capabilities of the United States. 
Sec. 1037. Authorization of appropriations for payments to Portuguese nationals 
employed by the Department of Defense. 
Sec. 1038. Prohibition on interrogation of detainees by contractor personnel. 
Sec. 1039. Notification and access of International Committee of the Red Cross 
with respect to detainees at Theater Internment Facility at Bagram Air 
Base, Afghanistan. 
Sec. 1040. No Miranda Warnings for Al Qaeda Terrorists. 
Sec. 1041. Limitation on use of funds for the transfer or release of individuals de-
tained at United States Naval Station, Guantanamo Bay, Cuba. 
Sec. 1042. Additional subpoena authority for the Inspector General of the Depart-
ment of Defense. 
Sec. 1043. Limitations on modifications of certain Government furnished equip-
ment; one-time authority to transfer certain military prototype. 
Subtitle E—Studies and Reports 
Sec. 1051. Report on statutory compliance of the report on the 2009 quadrennial 
defense review. 
Sec. 1052. Report on the force structure findings of the 2009 quadrennial defense 
review. 
Sec. 1053. Annual report on the electronic warfare strategy of the Department of 
Defense. 
Sec. 1054. Study on a system for career development and management of inter-
agency national security professionals. 
Sec. 1055. Report on nuclear aspirations of non-state entities, nuclear weapons and 
related programs in non-nuclear-weapons states and countries not par-
ties to the Nuclear Non-Proliferation Treaty, and certain foreign per-
sons. 
Sec. 1056. Comptroller General review of Department of Defense spending in final 
fiscal quarters. 
Sec. 1057. Report on Air America. 
Sec. 1058. Report on defense travel simplification. 
Sec. 1059. Report on modeling and simulation technological and industrial base. 
Sec. 1060. Report on enabling capabilities for special operations forces. 
Sec. 1061. Additional members and duties for the independent panel to assess the 
quadrennial defense review. 
Sec. 1062. Congressional earmarks relating to the Department of Defense. 
Sec. 1063. Report on basing plans for certain United States geographic combatant 
commands. 
Subtitle F—Other Matters 
Sec. 1071. Extension of certain authority for making rewards for combating ter-
rorism. 
Sec. 1072. Business process reengineering. 
Sec. 1073. Technical and clerical amendments. 
Sec. 1074. Extension of sunset for congressional commission on the strategic pos-
ture of the United States. 
Sec. 1075. Combat air forces restructuring. 
Sec. 1076. Sense of Congress regarding carrier air wing force structure. 
Sec. 1077. Department of Veterans Affairs use of service dogs for the treatment or 
rehabilitation of veterans with physical or mental injuries or disabil-
ities. 
Sec. 1078. Plan for sustainment of land-based solid rocket motor industrial base. 
Sec. 1079. Justice for victims of torture and terrorism. 
Sec. 1080. Requirement for videotaping or otherwise electronically recording stra-
tegic intelligence interrogations of persons in the custody of or under the 
effective control of the Department of Defense. 
Sec. 1081. Modification of pilot program on commercial fee-for-service air refueling 
support for the air force. 
Sec. 1082. Multiyear contracts under pilot program on commercial fee-for-service 
air refueling support for the Air Force. 
Sec. 1083. Disclosure of names of students and instructors at Western Hemisphere 
Institute for Security Cooperation. 
Sec. 1084. Sense of Congress regarding the Western Hemisphere Institute for Secu-
rity Cooperation.
H. R. 2647—12 
TITLE XI—CIVILIAN PERSONNEL MATTERS 
Subtitle A—Personnel 
Sec. 1101. Authority to employ individuals completing the National Security Edu-
cation Program. 
Sec. 1102. Authority for employment by Department of Defense of individuals who 
have successfully completed the requirements of the science, mathe-
matics, and research for transformation (SMART) defense scholarship 
program. 
Sec. 1103. Authority for the employment of individuals who have successfully com-
pleted the Department of Defense information assurance scholarship 
program. 
Sec. 1104. Extension and modification of experimental personnel management pro-
gram for scientific and technical personnel. 
Sec. 1105. Modification to Department of Defense laboratory personnel authority. 
Sec. 1106. One-year extension of authority to waive annual limitation on premium 
pay and aggregate limitation on pay for Federal civilian employees 
working overseas. 
Sec. 1107. Extension of certain benefits to Federal civilian employees on official 
duty in Pakistan. 
Sec. 1108. Requirement for Department of Defense strategic workforce plans. 
Sec. 1109. Adjustments to limitations on personnel and requirement for annual 
manpower reporting. 
Sec. 1110. Pilot program for the temporary exchange of information technology per-
sonnel. 
Sec. 1111. Availability of funds for compensation of certain civilian employees of 
the Department of Defense. 
Sec. 1112. Department of defense civilian leadership program. 
Sec. 1113. Provisions relating to the National Security Personnel System. 
Sec. 1114. Provisions relating to the Defense Civilian Intelligence Personnel Sys-
tem. 
Subtitle B—Provisions Relating to Reemployment of Annuitants 
Sec. 1121. Authority to expand scope of provisions relating to unreduced compensa-
tion for certain reemployed annuitants. 
Sec. 1122. Part-time reemployment. 
Sec. 1123. Government Accountability Office report. 
TITLE XII—MATTERS RELATING TO FOREIGN NATIONS 
Subtitle A—Assistance and Training 
Sec. 1201. 
One-year extension of authority for security and stabilization assist-
ance. 
Sec. 1202. Expansion of authority and modification of notification and reporting 
requirements for use of authority for support of special operations to 
combat terrorism. 
Sec. 1203. 
Modification of report on foreign-assistance related programs carried 
out by the Department of Defense. 
Sec. 1204. Report on authorities to build the capacity of foreign military forces and 
related matters. 
Sec. 1205. Authority to provide administrative services and support to coalition li-
aison officers of certain foreign nations assigned to United States Joint 
Forces Command. 
Sec. 1206. Modification of authorities relating to program to build the capacity of 
foreign military forces. 
Sec. 1207. Authority for non-reciprocal exchanges of defense personnel between the 
United States and foreign countries. 
Sec. 1208. Report on alternatives to use of acquisition and cross-servicing agree-
ments to lend military equipment for personnel protection and surviv-
ability. 
Sec. 1209. 
Enhancing Iraqi security through defense cooperation between the 
United States and Iraq. 
Sec. 1210. Availability of appropriated funds for the State Partnership Program. 
Subtitle B—Matters Relating to Iraq, Afghanistan, and Pakistan 
Sec. 1221. Limitation on availability of funds for certain purposes relating to Iraq. 
Sec. 1222. 
One-year extension and expansion of Commanders’ Emergency Re-
sponse Program. 
Sec. 1223. Modification of authority for reimbursement of certain coalition nations 
for support provided to United States military operations. 
Sec. 1224. Pakistan Counterinsurgency Fund.
H. R. 2647—13 
Sec. 1225. Program to provide for the registration and end-use monitoring of de-
fense articles and defense services transferred to Afghanistan and Paki-
stan. 
Sec. 1226. Reports on campaign plans for Iraq and Afghanistan. 
Sec. 1227. 
Report on responsible redeployment of United States Armed Forces 
from Iraq. 
Sec. 1228. Report on community-based security programs in Afghanistan. 
Sec. 1229. Updates of report on command and control structure for military forces 
operating in Afghanistan. 
Sec. 1230. 
Report on feasibility and desirability of establishing general uniform 
procedures and guidelines for the provision of monetary assistance by 
the United States to civilian foreign nationals for losses incident to com-
bat activities of the armed forces. 
Sec. 1231. 
Assessment and report on United States-Pakistan military relations 
and cooperation. 
Sec. 1232. Report on progress toward security and stability in Pakistan. 
Sec. 1233. Repeal of GAO war-related reporting requirement. 
Sec. 1234. Authority to transfer defense articles and provide defense services to 
the military and security forces of Iraq and Afghanistan. 
Sec. 1235. Analysis of required force levels and types of forces needed to secure 
southern and eastern regions of Afghanistan. 
Sec. 1236. Modification of report on progress toward security and stability in Af-
ghanistan. 
Sec. 1237. No permanent military bases in Afghanistan. 
Subtitle C—Other Matters 
Sec. 1241. Report on United States engagement with Iran. 
Sec. 1242. Annual counterterrorism status reports. 
Sec. 1243. Report on United States contributions to the United Nations. 
Sec. 1244. NATO Special Operations Coordination Center. 
Sec. 1245. Annual report on military power of Iran. 
Sec. 1246. Annual report on military and security developments involving the Peo-
ple’s Republic of China. 
Sec. 1247. Report on impacts of drawdown authorities on the Department of De-
fense. 
Sec. 1248. Risk assessment of United States space export control policy. 
Sec. 1249. Patriot air and missile defense battery in Poland. 
Sec. 1250. Report on potential foreign military sales of the F–22A fighter aircraft. 
Sec. 1251. Report on the plan for the nuclear weapons stockpile, nuclear weapons 
complex, and delivery platforms and sense of Congress on follow-on ne-
gotiations to START Treaty. 
Sec. 1252. Map of mineral-rich zones and areas under the control of armed groups 
in the Democratic Republic of the Congo. 
Sec. 1253. Sense of Congress relating to Israel. 
Sec. 1254. Sense of Congress on imposing sanctions with respect to Iran. 
Sec. 1255. Report and sense of Congress on North Korea. 
Sec. 1256. Report on potential missile defense cooperation with Russia. 
Subtitle D—VOICE Act 
Sec. 1261. Short title. 
Sec. 1262. Authorization of appropriations. 
Sec. 1263. Iranian Electronic Education, Exchange, and Media Fund. 
Sec. 1264. Annual report. 
Sec. 1265. Report on actions by non-Iranian companies. 
Sec. 1266. Human rights documentation. 
TITLE XIII—COOPERATIVE THREAT REDUCTION 
Sec. 1301. Specification of Cooperative Threat Reduction programs and funds. 
Sec. 1302. Funding allocations. 
Sec. 1303. Utilization of contributions to the Cooperative Threat Reduction Pro-
gram. 
Sec. 1304. Metrics for the Cooperative Threat Reduction Program. 
Sec. 1305. Cooperative Threat Reduction Program authority for urgent threat re-
duction activities. 
Sec. 1306. Cooperative Threat Reduction Defense and Military Contacts Program. 
TITLE XIV—OTHER AUTHORIZATIONS 
Subtitle A—Military Programs 
Sec. 1401. Working capital funds. 
Sec. 1402. National Defense Sealift Fund.
H. R. 2647—14 
Sec. 1403. Chemical agents and munitions destruction, defense. 
Sec. 1404. Drug Interdiction and Counter-Drug Activities, Defense-wide. 
Sec. 1405. Defense Inspector General. 
Sec. 1406. Defense Health Program. 
Sec. 1407. Relation to funding table. 
Subtitle B—National Defense Stockpile 
Sec. 1411. Authorized uses of National Defense Stockpile funds. 
Sec. 1412. Extension of previously authorized disposal of cobalt from National De-
fense Stockpile. 
Sec. 1413. Report on implementation of reconfiguration of the National Defense 
Stockpile. 
Subtitle C—Armed Forces Retirement Home 
Sec. 1421. Authorization of appropriations for Armed Forces Retirement Home. 
TITLE XV—AUTHORIZATION OF ADDITIONAL APPROPRIATIONS FOR 
OVERSEAS CONTINGENCY OPERATIONS 
Sec. 1501. Purpose. 
Sec. 1502. Army procurement. 
Sec. 1503. Joint Improvised Explosive Device Defeat Fund. 
Sec. 1504. Navy and Marine Corps procurement. 
Sec. 1505. Air Force procurement. 
Sec. 1506. Mine Resistant Ambush Protected Vehicle Fund. 
Sec. 1507. Defense-wide activities procurement. 
Sec. 1508. Research, development, test, and evaluation. 
Sec. 1509. Operation and maintenance. 
Sec. 1510. Limitations on availability of funds in Afghanistan Security Forces 
Fund. 
Sec. 1511. Limitations on Iraq Security Forces Fund. 
Sec. 1512. Military personnel. 
Sec. 1513. Working capital funds. 
Sec. 1514. Defense Health Program. 
Sec. 1515. Drug Interdiction and Counter-Drug Activities, Defense-wide. 
Sec. 1516. Defense Inspector General. 
Sec. 1517. Relation to funding tables. 
Sec. 1518. Continuation of prohibition on use of United States funds for certain fa-
cilities projects in Iraq. 
Sec. 1519. Treatment as additional authorizations. 
Sec. 1520. Special transfer authority. 
TITLE XVII—DEPARTMENT OF DEFENSE–DEPARTMENT OF VETERANS 
AFFAIRS MEDICAL FACILITY DEMONSTRATION PROJECT 
Sec. 1701. Demonstration project authority. 
Sec. 1702. Transfer of property. 
Sec. 1703. Transfer of civilian personnel of the Department of Defense. 
Sec. 1704. Joint funding authority. 
Sec. 1705. Eligibility of members of the uniformed services for care and services. 
Sec. 1706. Extension of DOD–VA Health Care Sharing Incentive Fund. 
TITLE XVIII—MILITARY COMMISSIONS 
Sec. 1801. Short title. 
Sec. 1802. Military commissions. 
Sec. 1803. Conforming amendments. 
Sec. 1804. Proceedings under prior statute. 
Sec. 1805. Submittal to Congress of revised rules for military commissions. 
Sec. 1806. Annual reports to Congress on trials by military commission. 
Sec. 1807. Sense of Congress on military commission system. 
TITLE XIX—FEDERAL EMPLOYEE BENEFITS 
Subtitle A—General Provisions 
Sec. 1901. Credit for unused sick leave. 
Sec. 1902. Limited expansion of the class of individuals eligible to receive an actu-
arially reduced annuity under the Civil Service Retirement System. 
Sec. 1903. Computation of certain annuities based on part-time service. 
Sec. 1904. Authority to deposit refunds under FERS. 
Sec. 1905. Retirement credit for service of certain employees transferred from Dis-
trict of Columbia service to Federal service. 
Subtitle B—Non-Foreign Area Retirement Equity Assurance 
Sec. 1911. Short title.
H. R. 2647—15 
Sec. 1912. Extension of locality pay. 
Sec. 1913. Adjustment of special rates. 
Sec. 1914. Transition schedule for locality-based comparability payments. 
Sec. 1915. Savings provision. 
Sec. 1916. Application to other eligible employees. 
Sec. 1917. Election of additional basic pay for annuity computation by employees. 
Sec. 1918. Regulations. 
Sec. 1919. Effective dates. 
DIVISION B—MILITARY CONSTRUCTION AUTHORIZATIONS 
Sec. 2001. Short title. 
Sec. 2002. Expiration of authorizations and amounts required to be specified by 
law. 
Sec. 2003. Relation to funding tables. 
Sec. 2004. General reduction across division. 
TITLE XXI—ARMY 
Sec. 2101. Authorized Army construction and land acquisition projects. 
Sec. 2102. Family housing. 
Sec. 2103. Improvements to military family housing units. 
Sec. 2104. Authorization of appropriations, Army. 
Sec. 2105. Modification of authority to carry out certain fiscal year 2009 project. 
Sec. 2106. Extension of authorizations of certain fiscal year 2006 projects. 
TITLE XXII—NAVY 
Sec. 2201. Authorized Navy construction and land acquisition projects. 
Sec. 2202. Family housing. 
Sec. 2203. Improvements to military family housing units. 
Sec. 2204. Authorization of appropriations, Navy. 
Sec. 2205. Modification and extension of authority to carry out certain fiscal year 
2006 project. 
TITLE XXIII—AIR FORCE 
Sec. 2301. Authorized Air Force construction and land acquisition projects. 
Sec. 2302. Family housing. 
Sec. 2303. Improvements to military family housing units. 
Sec. 2304. Authorization of appropriations, Air Force. 
Sec. 2305. Termination of authority to carry out certain fiscal year 2009 Air Force 
project. 
Sec. 2306. Extension of authorizations of certain fiscal year 2007 projects. 
Sec. 2307. Extension of authorizations of certain fiscal year 2006 projects. 
Sec. 2308. Conveyance to Indian tribes of certain housing units. 
TITLE XXIV—DEFENSE AGENCIES 
Subtitle A—Defense Agency Authorizations 
Sec. 2401. Authorized Defense Agencies construction and land acquisition projects. 
Sec. 2402. Family Housing. 
Sec. 2403. Energy conservation projects. 
Sec. 2404. Authorization of appropriations, Defense Agencies. 
Sec. 2405. Termination or modification of authority to carry out certain fiscal year 
2009 projects. 
Sec. 2406. Modification of authority to carry out certain fiscal year 2008 project. 
Sec. 2407. Extension of authorizations of certain fiscal year 2007 project. 
Subtitle B—Chemical Demilitarization Authorizations 
Sec. 2411. Authorization of appropriations, chemical demilitarization construction, 
defense-wide. 
TITLE XXV—NORTH ATLANTIC TREATY ORGANIZATION SECURITY 
INVESTMENT PROGRAM 
Sec. 2501. Authorized NATO construction and land acquisition projects. 
Sec. 2502. Authorization of appropriations, NATO. 
TITLE XXVI—GUARD AND RESERVE FORCES FACILITIES 
Sec. 2601. Authorized Army National Guard construction and land acquisition 
projects. 
Sec. 2602. Authorized Army Reserve construction and land acquisition projects. 
Sec. 2603. Authorized Navy Reserve and Marine Corps Reserve construction and 
land acquisition projects.
H. R. 2647—16 
Sec. 2604. Authorized Air National Guard construction and land acquisition 
projects. 
Sec. 2605. Authorized Air Force Reserve construction and land acquisition projects. 
Sec. 2606. Authorization of appropriations, National Guard and Reserve. 
Sec. 2607. Extension of authorizations of certain fiscal year 2007 projects. 
Sec. 2608. Extension of authorizations of certain fiscal year 2006 project. 
TITLE XXVII—BASE CLOSURE AND REALIGNMENT ACTIVITIES 
Subtitle A—Authorizations 
Sec. 2701. Authorization of appropriations for base closure and realignment activi-
ties funded through Department of Defense Base Closure Account 1990. 
Sec. 2702. Authorized base closure and realignment activities funded through De-
partment of Defense Base Closure Account 2005. 
Sec. 2703. Authorization of appropriations for base closure and realignment activi-
ties funded through Department of Defense Base Closure Account 2005. 
Subtitle B—Other Matters 
Sec. 2711. Relocation of certain Army Reserve units in Connecticut. 
Sec. 2712. Authority to construct Armed Forces Reserve Center in vicinity of Pease 
Air National Guard Base, New Hampshire. 
Sec. 2713. Sense of Congress on ensuring joint basing recommendations do not ad-
versely affect operational readiness. 
Sec. 2714. Requirements related to providing world class military medical facilities 
in the National Capital Region. 
Sec. 2715. Use of economic development conveyances to implement base closure 
and realignment property recommendations. 
TITLE XXVIII—MILITARY CONSTRUCTION GENERAL PROVISIONS 
Subtitle A—Military Construction Program and Military Family Housing Changes 
Sec. 2801. Modification of unspecified minor construction authorities. 
Sec. 2802. Congressional notification of facility repair projects carried out using op-
eration and maintenance funds. 
Sec. 2803. Modification of authority for scope of work variations. 
Sec. 2804. Modification of conveyance authority at military installations. 
Sec. 2805. Imposition of requirement that acquisition of reserve component facili-
ties be authorized by law. 
Sec. 2806. Authority to use operation and maintenance funds for construction 
projects inside the United States Central Command area of responsi-
bility. 
Sec. 2807. Expansion of First Sergeants Barracks Initiative. 
Sec. 2808. Reports on privatization initiatives for military unaccompanied housing. 
Sec. 2809. Report on Department of Defense contributions to States for acquisition, 
construction, expansion, rehabilitation, or conversion of reserve compo-
nent facilities. 
Subtitle B—Real Property and Facilities Administration 
Sec. 2821. Modification of utility systems conveyance authority. 
Sec. 2822. Report on global defense posture realignment and interagency review. 
Sec. 2823. Property and facilities management of the Armed Forces Retirement 
Home. 
Sec. 2824. Acceptance of contributions to support cleanup efforts at former Alma-
den Air Force Station, California. 
Sec. 2825. Selection of military installations to serve as locations of brigade combat 
teams. 
Sec. 2826. Report on Federal assistance to support communities adversely impacted 
by expansion of military installations. 
Subtitle C—Provisions Related to Guam Realignment 
Sec. 2831. Role of Department of Defense in management and coordination of De-
fense activities relating to Guam realignment. 
Sec. 2832. Clarifications regarding use of special purpose entities to assist with 
Guam realignment. 
Sec. 2833. Workforce issues related to military construction and certain other 
transactions on Guam. 
Sec. 2834. Composition of workforce for construction projects funded through the 
Support for United States Relocation to Guam Account. 
Sec. 2835. Interagency Coordination Group of Inspectors General for Guam Re-
alignment. 
Sec. 2836. Compliance with Naval Aviation Safety requirements as condition on ac-
ceptance of replacement facility for Marine Corps Air Station, Futenma, 
Okinawa.
H. R. 2647—17 
Sec. 2837. Report and sense of Congress on Marine Corps requirements in Asia-Pa-
cific region. 
Subtitle D—Energy Security 
Sec. 2841. Adoption of unified energy monitoring and utility control system speci-
fication for military construction and military family housing activities. 
Sec. 2842. Department of Defense goal regarding use of renewable energy sources 
to meet facility energy needs. 
Sec. 2843. Department of Defense participation in programs for management of en-
ergy demand or reduction of energy usage during peak periods. 
Sec. 2844. Department of Defense use of electric and hybrid motor vehicles. 
Sec. 2845. Study on development of nuclear power plants on military installations. 
Sec. 2846. Comptroller General report on Department of Defense renewable energy 
initiatives, including solar initiatives, on military installations. 
Subtitle E—Land Conveyances 
Sec. 2851. Land conveyance, Haines Tank Farm, Haines, Alaska. 
Sec. 2852. Release of reversionary interest, Camp Joseph T. Robinson, Arkansas. 
Sec. 2853. Transfer of administrative jurisdiction, Port Chicago Naval Magazine, 
California. 
Sec. 2854. Land conveyance, Ferndale housing at Centerville Beach Naval Facility 
to City of Ferndale, California. 
Sec. 2855. Land conveyances, Naval Air Station, Barbers Point, Hawaii. 
Sec. 2856. Land conveyances of certain parcels in the Camp Catlin and Ohana Nui 
areas, Pearl Harbor, Hawaii. 
Sec. 2857. Modification of land conveyance, former Griffiss Air Force Base, New 
York. 
Sec. 2858. Land conveyance, Army Reserve Center, Chambersburg, Pennsylvania. 
Sec. 2859. Land conveyance, Ellsworth Air Force Base, South Dakota. 
Sec. 2860. Land conveyance, Lackland Air Force Base, Texas. 
Sec. 2861. Land Conveyance, Naval Air Station Oceana, Virginia. 
Sec. 2862. Completion of land exchange and consolidation, Fort Lewis, Washington. 
Sec. 2863. Land conveyance, F.E. Warren Air Force Base, Cheyenne, Wyoming. 
Subtitle F—Other Matters 
Sec. 2871. Revised authority to establish national monument to honor United 
States Armed Forces working dog teams. 
Sec. 2872. National D–Day Memorial study. 
Sec. 2873. Conditions on establishment of Cooperative Security Location in 
Palanquero, Colombia. 
Sec. 2874. Military activities at United States Marine Corps Mountain Warfare 
Training Center. 
TITLE XXIX—OVERSEAS CONTINGENCY OPERATIONS MILITARY 
CONSTRUCTION AUTHORIZATIONS 
Sec. 2901. Authorized Army construction and land acquisition projects. 
Sec. 2902. Authorized Air Force construction and land acquisition projects. 
Sec. 2903. Construction authorization for facilities for Office of Defense Representa-
tive-Pakistan. 
DIVISION C—DEPARTMENT OF ENERGY NATIONAL SECURITY 
AUTHORIZATIONS AND OTHER AUTHORIZATIONS 
TITLE XXXI—DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS 
Subtitle A—National Security Programs Authorizations 
Sec. 3101. National Nuclear Security Administration. 
Sec. 3102. Defense environmental cleanup. 
Sec. 3103. Other defense activities. 
Sec. 3104. Defense nuclear waste disposal. 
Sec. 3105. Energy security and assurance. 
Sec. 3106. Relation to funding tables. 
Subtitle B—Program Authorizations, Restrictions, and Limitations 
Sec. 3111. Stockpile stewardship program. 
Sec. 3112. Report on stockpile stewardship criteria and assessment of stockpile 
stewardship program. 
Sec. 3113. Stockpile management program. 
Sec. 3114. Dual validation of annual weapons assessment and certification. 
Sec. 3115. Elimination of nuclear weapons life extension program from exception to 
requirement to request funds in budget of the President.
H. R. 2647—18 
Sec. 3116. Long-term plan for the modernization and refurbishment of the nuclear 
security complex. 
Sec. 3117. Repeal of prohibition on funding activities associated with international 
cooperative stockpile stewardship. 
Sec. 3118. Modification of minor construction threshold for plant projects. 
Sec. 3119. Two-year extension of authority for appointment of certain scientific, en-
gineering, and technical personnel. 
Sec. 3120. National Nuclear Security Administration authority for urgent non-
proliferation activities. 
Sec. 3121. Repeal of sunset date for consolidation of counterintelligence programs 
of Department of Energy and National Nuclear Security Administration. 
Subtitle C—Reports 
Sec. 3131. National Academy of Sciences review of national security laboratories. 
Sec. 3132. Plan to ensure capability to monitor, analyze, and evaluate foreign nu-
clear weapons activities. 
Sec. 3133. Comptroller General study of stockpile stewardship program. 
Sec. 3134. Comptroller General of the United States review of projects carried out 
by the Office of Environmental Management of the Department of En-
ergy pursuant to the American Recovery and Reinvestment Act of 2009. 
Subtitle D—Other Matters 
Sec. 3141. Ten-year plan for use and funding of certain Department of Energy fa-
cilities. 
Sec. 3142. Expansion of authority of Ombudsman of Energy Employees Occupa-
tional Illness Compensation Program. 
Sec. 3143. Identification in budget materials of amounts for certain Department of 
Energy pension obligations. 
Sec. 3144. Sense of Congress on production of molybdenum–99. 
TITLE XXXII—DEFENSE NUCLEAR FACILITIES SAFETY BOARD 
Sec. 3201. Authorization. 
TITLE XXXIV—NAVAL PETROLEUM RESERVES 
Sec. 3401. Authorization of appropriations. 
TITLE XXXV—MARITIME ADMINISTRATION 
Sec. 3501. Authorization of appropriations for fiscal year 2010. 
Sec. 3502. Unused leave balances. 
Sec. 3503. Temporary program authorizing contracts with adjunct professors at the 
United States Merchant Marine Academy. 
Sec. 3504. Maritime loan guarantee program. 
Sec. 3505. Defense measures against unauthorized seizures of Maritime Security 
Fleet vessels. 
Sec. 3506. Report on restrictions on United States-flagged commercial vessel secu-
rity. 
Sec. 3507. Technical corrections to State maritime academies student incentive pro-
gram. 
Sec. 3508. Cooperative agreements, administrative expenses, and contracting au-
thority. 
Sec. 3509. Use of funding for DOT maritime heritage property. 
Sec. 3510. Use of midshipman fees. 
Sec. 3511. Construction of vessels in the United States policy. 
Sec. 3512. Port infrastructure development program. 
Sec. 3513. Reefs for marine life conservation program. 
Sec. 3514. United States Merchant Marine Academy graduate program receipt, dis-
bursement, and accounting for nonappropriated funds. 
Sec. 3515. America’s short sea transportation grants for the development of marine 
highways. 
Sec. 3516. Expansion of the Marine View system. 
DIVISION D—FUNDING TABLES 
Sec. 4001. Authorization of amounts in funding tables. 
TITLE XLI—PROCUREMENT 
Sec. 4101. Procurement. 
Sec. 4102. Procurement for overseas contingency operations. 
TITLE XLII—RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 
Sec. 4201. Research, development, test, and evaluation.
H. R. 2647—19 
Sec. 4202. Research, development, test, and evaluation for overseas contingency op-
erations. 
TITLE XLIII—OPERATION AND MAINTENANCE 
Sec. 4301. Operation and maintenance. 
Sec. 4302. Operation and maintenance for overseas contingency operations. 
TITLE XLIV—OTHER AUTHORIZATIONS 
Sec. 4401. Other authorizations. 
Sec. 4402. Other authorizations for overseas contingency operations. 
TITLE XLV—MILITARY CONSTRUCTION AUTHORIZATIONS 
Sec. 4501. Military construction. 
Sec. 4502. 2005 base realignment and closure round FY 2010 project listing. 
Sec. 4503. Military construction for overseas contingency operations. 
TITLE XLVI—DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS 
Sec. 4601. Department of Energy national security programs. 
DIVISION E—MATTHEW SHEPARD AND JAMES BYRD, JR. HATE CRIMES 
PREVENTION ACT 
Sec. 4701. Short title. 
Sec. 4702. Findings. 
Sec. 4703. Definitions. 
Sec. 4704. Support for criminal investigations and prosecutions by State, local, and 
tribal law enforcement officials. 
Sec. 4705. Grant program. 
Sec. 4706. Authorization for additional personnel to assist State, local, and tribal 
law enforcement. 
Sec. 4707. Prohibition of certain hate crime acts. 
Sec. 4708. Statistics. 
Sec. 4709. Severability. 
Sec. 4710. Rule of construction. 
Sec. 4711. Guidelines for hate-crimes offenses. 
Sec. 4712. Attacks on United States servicemen. 
Sec. 4713. Report on mandatory minimum sentencing provisions. 
SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES. 
For purposes of this Act, the term ‘‘congressional defense 
committees’’ has the meaning given that term in section 101(a)(16) 
of title 10, United States Code. 
DIVISION A—DEPARTMENT OF 
DEFENSE AUTHORIZATIONS 
TITLE I—PROCUREMENT 
Subtitle A—Authorization of Appropriations 
Sec. 101. Army. 
Sec. 102. Navy and Marine Corps. 
Sec. 103. Air Force. 
Sec. 104. Defense-wide activities. 
Sec. 105. National Guard and Reserve equipment. 
Sec. 106. Mine Resistant Ambush Protected Vehicle Fund. 
Sec. 107. Relation to funding table. 
Subtitle B—Army Programs 
Sec. 111. Procurement of Future Combat Systems spin out early-infantry brigade 
combat team equipment. 
Subtitle C—Navy Programs 
Sec. 121. Littoral Combat Ship program. 
Sec. 122. Treatment of Littoral Combat Ship program as a major defense acquisi-
tion program.
H. R. 2647—20 
Sec. 123. Report on strategic plan for homeporting the Littoral Combat Ship. 
Sec. 124. Advance procurement funding. 
Sec. 125. Procurement programs for future naval surface combatants. 
Sec. 126. Ford-class aircraft carrier report. 
Sec. 127. Report on a service life extension program for Oliver Hazard Perry class 
frigates. 
Sec. 128. Conditional multiyear procurement authority for F/A–18E, F/A–18F, or 
EA–18G aircraft. 
Subtitle D—Air Force Programs 
Sec. 131. Report on the procurement of 4.5 generation fighter aircraft. 
Sec. 132. Revised availability of certain funds available for the F–22A fighter air-
craft. 
Sec. 133. Preservation and storage of unique tooling for F–22 fighter aircraft. 
Sec. 134. AC–130 gunships. 
Sec. 135. Report on E–8C Joint Surveillance and Target Attack Radar System re- 
engining. 
Sec. 136. Repeal of requirement to maintain certain retired C–130E aircraft. 
Sec. 137. Limitation on retirement of C–5 aircraft. 
Sec. 138. Reports on strategic airlift aircraft. 
Sec. 139. Strategic airlift force structure. 
Subtitle E—Joint and Multiservice Matters 
Sec. 141. Body armor procurement. 
Sec. 142. Unmanned cargo-carrying-capable aerial vehicles. 
Sec. 143. Modification of nature of data link for use by tactical unmanned aerial 
vehicles. 
Subtitle A—Authorization of 
Appropriations 
SEC. 101. ARMY. 
Funds are hereby authorized to be appropriated for fiscal year 
2010 for procurement for the Army as follows: 
(1) For aircraft, $5,110,352,000. 
(2) For missiles, $1,368,109,000. 
(3) 
For 
weapons 
and 
tracked 
combat 
vehicles, 
$2,439,052,000. 
(4) For ammunition, $2,058,895,000. 
(5) For other procurement, $9,450,863,000. 
SEC. 102. NAVY AND MARINE CORPS. 
(a) NAVY.—Funds are hereby authorized to be appropriated 
for fiscal year 2010 for procurement for the Navy as follows: 
(1) For aircraft, $18,842,112,000. 
(2) For weapons, including missiles and torpedoes, 
$3,446,019,000. 
(3) For shipbuilding and conversion, $13,776,867,000. 
(4) For other procurement, $5,610,581,000. 
(b) MARINE CORPS.—Funds are hereby authorized to be appro-
priated for fiscal year 2010 for procurement for the Marine Corps 
in the amount of $1,603,738,000. 
(c) NAVY AND MARINE CORPS AMMUNITION.—Funds are hereby 
authorized to be appropriated for fiscal year 2010 for procurement 
of ammunition for the Navy and the Marine Corps in the amount 
of $814,015,000. 
SEC. 103. AIR FORCE. 
Funds are hereby authorized to be appropriated for fiscal year 
2010 for procurement for the Air Force as follows: 
(1) For aircraft, $11,224,371,000.
H. R. 2647—21 
(2) For ammunition, $822,462,000. 
(3) For missiles, $6,037,459,000. 
(4) For other procurement, $17,133,668,000. 
SEC. 104. DEFENSE-WIDE ACTIVITIES. 
Funds are hereby authorized to be appropriated for fiscal year 
2010 
for 
Defense-wide 
procurement 
in 
the 
amount 
of 
$4,090,816,000. 
SEC. 105. NATIONAL GUARD AND RESERVE EQUIPMENT. 
Funds are hereby authorized to be appropriated for fiscal year 
2010 for the procurement of aircraft, missiles, wheeled and tracked 
combat vehicles, tactical wheeled vehicles, ammunition, other 
weapons, and other procurement for the reserve components of 
the Armed Forces in the amount of $600,000,000. 
SEC. 106. MINE RESISTANT AMBUSH PROTECTED VEHICLE FUND. 
Funds are hereby authorized to be appropriated for fiscal year 
2010 for the Mine Resistant Ambush Protected Vehicle Fund in 
the amount of $600,000,000. 
SEC. 107. RELATION TO FUNDING TABLE. 
The amounts authorized to be appropriated by sections 101, 
102, 103, 104, 105, and 106 shall be available, in accordance with 
the requirements of section 4001, for projects, programs, and activi-
ties, and in the amounts, specified in the funding table in section 
4101. 
Subtitle B—Army Programs 
SEC. 111. PROCUREMENT OF FUTURE COMBAT SYSTEMS SPIN OUT 
EARLY-INFANTRY BRIGADE COMBAT TEAM EQUIPMENT. 
(a) LIMITATION
ON
LOW-RATE
INITIAL
PRODUCTION
QUAN-
TITIES.—Notwithstanding section 2400 of title 10, United States 
Code, and except as provided in subsection (b), the Secretary of 
Defense may not procure more than one Future Combat Systems 
spin out early-infantry brigade combat team equipment set (in 
this section referred to as a ‘‘brigade set’’) for low-rate initial produc-
tion. 
(b) WAIVER.—The Under Secretary of Defense for Acquisition, 
Technology, and Logistics may waive the limitation in subsection 
(a) if— 
(1) the Under Secretary submits to Congress written certifi-
cation that— 
(A) the Future Combat Systems spin out early-infantry 
brigade combat team program (in this section referred to 
as the ‘‘program’’) requires low-rate initial production in 
excess of 10 percent of the total number of articles to 
be produced; 
(B) the Director of Defense Research and Engineering 
has completed a technology readiness assessment of the 
program; 
(C) the Director of Cost Assessment and Program 
Evaluation has completed an independent cost estimate 
of the program;
H. R. 2647—22 
(D) the Under Secretary has approved an acquisition 
strategy and acquisition program baseline for the program; 
and 
(E) all of the systems constituting the brigade set have 
been tested in their intended production configuration; and 
(2) a period of 30 days has elapsed after the date on 
which the certification under paragraph (1) is received. 
(c) EXCEPTION FOR MEETING OPERATIONAL NEED STATEMENT 
REQUIREMENTS.—The limitation on low-rate initial production in 
subsection (a) does not apply to the procurement of individual 
components of a brigade set if the procurement of such components 
is specifically intended to address an operational need statement 
requirement (as described in Army Regulation 71–9 or a successor 
regulation). 
Subtitle C—Navy Programs 
SEC. 121. LITTORAL COMBAT SHIP PROGRAM. 
(a) CONTRACT AUTHORITY.— 
(1) IN GENERAL.—The Secretary of the Navy may procure 
up to ten Littoral Combat Ships and 15 Littoral Combat Ship 
ship control and weapon systems by entering into a contract 
using competitive procedures. Such procurement may also 
include— 
(A) materiel and equipment in economic order quan-
tities when cost savings are achievable; and 
(B) cost reduction initiatives. 
(2) LIABILITY.—A contract entered into under paragraph 
(1) shall provide that any obligation of the United States to 
make a payment under the contract is subject to the availability 
of appropriations for that purpose, and that total liability to 
the Government for termination of any contract entered into 
shall be limited to the total amount of funding obligated at 
time of termination. 
(b) TECHNICAL DATA PACKAGE.— 
(1) REQUIREMENT.—As part of the solicitation for proposals 
for a procurement authorized by subsection (a), the Secretary 
shall require that an offeror submit a proposal that provides 
for conveying a complete technical data package as part of 
a proposal for a Littoral Combat Ship. 
(2) RIGHTS OF THE UNITED STATES.—The Secretary shall 
ensure that the Government’s rights in technical data for a 
Littoral Combat Ship are sufficient to permit the Government 
to— 
(A) conduct a competition for a second shipyard, as 
soon as practicable; and 
(B) transition the Littoral Combat Ship combat systems 
to Government-furnished equipment to achieve open 
architecture and foster competition to modernize future 
systems. 
(c) LIMITATION OF COSTS.— 
(1) LIMITATION.—Except as provided in subsection (d), and 
excluding amounts described in paragraph (2), beginning in 
fiscal year 2011, the total amount obligated or expended for
H. R. 2647—23 
the procurement of a Littoral Combat Ship awarded to a con-
tractor selected as part of a procurement authorized by sub-
section (a) may not exceed $480,000,000 per vessel. 
(2) EXCLUSION.—The amounts described in this paragraph 
are amounts associated with the following: 
(A) Elements designated by the Secretary of the Navy 
as a mission package. 
(B) Plans. 
(C) Technical data packages. 
(D) Class design services. 
(E) Post-delivery, outfitting, and program support 
costs. 
(d) WAIVER AND ADJUSTMENT OF LIMITATION AMOUNT.— 
(1) WAIVER.—The Secretary of the Navy may waive the 
limitation in subsection (c)(1) with respect to a vessel if— 
(A) the Secretary provides supporting data and certifies 
in writing to the congressional defense committees that— 
(i) the total amount obligated or expended for 
procurement of the vessel– 
(I) is in the best interest of the United States; 
and 
(II) is affordable, within the context of the 
annual naval vessel construction plan required by 
section 231 of title 10, United States Code; and 
(ii) the total amount obligated or expended for 
procurement of at least one other vessel authorized 
by subsection (a) has been or is expected to be less 
than $480,000,000; and 
(B) a period of not less than 30 days has expired 
following the date on which such certification and data 
are submitted to the congressional defense committees. 
(2) ADJUSTMENT.—The Secretary of the Navy may adjust 
the amount set forth in subsection (c)(1) for Littoral Combat 
Ship vessels referred to in that subsection by the following: 
(A) The amounts of increases or decreases in costs 
attributable to economic inflation after September 30, 2009. 
(B) The amounts of increases or decreases in costs 
attributable to compliance with changes in Federal, State, 
or local laws enacted after September 30, 2009. 
(C) The amounts of increases or decreases in costs 
of the vessel that are attributable to insertion of new 
technology into that vessel, as compared to the technology 
built into the first or second vessels of the Littoral Combat 
Ship class of vessels, if the Secretary determines, and cer-
tifies to the congressional defense committees, that inser-
tion of the new technology— 
(i) is expected to decrease the life-cycle cost of 
the vessel; or 
(ii) is required to meet an emerging threat that 
poses grave harm to national security. 
(D) The amounts of increases or decreases in costs 
required to correct deficiencies that may affect the safety 
of the vessel and personnel or otherwise preclude the vessel 
from safe operations and crew certifications. 
(e) ANNUAL REPORTS.—At the same time that the budget is 
submitted under section 1105(a) of title 31, United States Code, 
for each fiscal year, the Secretary of the Navy shall submit to
H. R. 2647—24 
the congressional defense committees a report on Littoral Combat 
Ship vessels. Each such report shall include the following: 
(1) The current (as of the date of the report) and projected 
total basic construction costs, Government-furnished equipment 
costs, and other program costs associated with each of the 
Littoral Combat Ships under construction. 
(2) Written notice of any adjustment in the amount set 
forth in subsection (c)(1) made during the preceding fiscal year 
that the Secretary adjusted under the authority provided in 
subsection (d)(2). 
(3) A summary of investment made by the Government 
for cost-reduction initiatives and the projected savings or cost 
avoidance based on those investments. 
(4) A summary of investment made by the construction 
yard to improve efficiency and optimization of construction 
along with the projected savings or cost avoidance based on 
those investments. 
(5) Information, current as of the date of the report, 
regarding— 
(A) the content of any element of the Littoral Combat 
Ship class of vessels that is designated as a mission pack-
age; 
(B) the estimated cost of any such element; and 
(C) the total number of such elements anticipated. 
(f) DEFINITIONS.—In this section: 
(1) The term ‘‘mission package’’ means the interchangeable 
systems that deploy with a Littoral Combat Ship vessel. 
(2) The term ‘‘technical data package’’ means a compilation 
of detailed engineering plans and specifications for construction 
of the vessels. 
(3) The term ‘‘total amount obligated or expended for 
procurement’’, with respect to a Littoral Combat Ship, means 
the sum of the costs of basic construction and Government- 
furnished equipment for the ship. 
(g) CONFORMING REPEAL.—Section 124 of the National Defense 
Authorization Act for Fiscal Year 2006 (Public Law 109–163; 119 
Stat. 3157), as amended by section 125 of the National Defense 
Authorization Act for Fiscal Year 2008 (Public Law 110–181; 122 
Stat. 29) and section 122 of the Duncan Hunter National Defense 
Authorization Act for Fiscal Year 2009 (Public Law 110–417; 122 
Stat. 4376), is repealed. 
SEC. 122. TREATMENT OF LITTORAL COMBAT SHIP PROGRAM AS A 
MAJOR DEFENSE ACQUISITION PROGRAM. 
Effective as of the date of the enactment of this Act, the 
program for the Littoral Combat Ship shall be treated as a major 
defense acquisition program for purposes of chapter 144 of title 
10, United States Code. 
SEC. 123. REPORT ON STRATEGIC PLAN FOR HOMEPORTING THE LIT-
TORAL COMBAT SHIP. 
(a) REPORT REQUIRED.—At the same time that the budget is 
submitted under section 1105(a) of title 31, United States Code, 
for fiscal year 2011, the Secretary of the Navy shall submit to 
the congressional defense committees a report setting forth the 
strategic plan of the Navy for homeporting the Littoral Combat 
Ship on the east coast and west coast of the United States.
H. R. 2647—25 
(b) ELEMENTS.—The report required by subsection (a) shall 
include the following: 
(1) An analysis of how the homeporting plan would support 
the requirements of the commanders of the combatant com-
mands, by geographic area of responsibility, for the capabilities 
delivered by Littoral Combat Ships, including the notional 
transit times to the various geographic areas of responsibility. 
(2) An assessment of the effect that each type of Littoral 
Combat Ship would have on each port in which such ship 
could be homeported, including an identification of the infra-
structure required to support each such ship with respect to— 
(A) the availability of pier space with supporting ship 
services infrastructure, taking into account the largest fleet 
size envisioned by the long–term plan for the construction 
of naval vessels submitted for fiscal year 2011; 
(B) the logistical and maintenance support services 
required in any port chosen for the Littoral Combat Ships; 
and 
(C) any investment in naval station infrastructure 
required for homeporting Littoral Combat Ships (including 
a plan for such investment). 
(3) With respect to the projected force structure size of 
the Navy in fiscal year 2020, a graphical depiction of the 
total planned ships berthing in the pier areas of any naval 
facility chosen to homeport Littoral Combat Ships, including 
the identification of the ships berthing plan for the maximum 
number of ships expected in-port at any one time. 
SEC. 124. ADVANCE PROCUREMENT FUNDING. 
(a) ADVANCE PROCUREMENT.—With respect to a naval vessel 
for which amounts are authorized to be appropriated or otherwise 
made available for fiscal year 2010 or any fiscal year thereafter 
for advance procurement in shipbuilding and conversion, Navy, 
the Secretary of the Navy may enter into a contract, in advance 
of a contract for construction of any vessel, for any of the following: 
(1) Components, parts, or materiel. 
(2) Production planning and other related support services 
that reduce the overall procurement lead time of such vessel. 
(b) AIRCRAFT CARRIER DESIGNATED CVN–79.—With respect to 
components of the aircraft carrier designated CVN–79 for which 
amounts are authorized to be appropriated or otherwise made avail-
able for fiscal year 2010 or any fiscal year thereafter for advance 
procurement in shipbuilding and conversion, Navy, the Secretary 
of the Navy may enter into a contract for the advance construction 
of such components if the Secretary determines that cost savings, 
construction efficiencies, or workforce stability may be achieved 
for such aircraft carrier through the use of such contract. 
(c) CONDITION OF OUT-YEAR CONTRACT PAYMENTS.—A contract 
entered into under subsection (b) shall provide that any obligation 
of the United States to make a payment under such contract for 
any fiscal year after fiscal year 2010 is subject to the availability 
of appropriations for that purpose for such fiscal year. 
SEC. 125. PROCUREMENT PROGRAMS FOR FUTURE NAVAL SURFACE 
COMBATANTS. 
(a) LIMITATION ON AVAILABILITY OF FUNDS PENDING REPORTS 
ABOUT SURFACE COMBATANT SHIPBUILDING PROGRAMS.—The Sec-
retary of the Navy may not obligate or expend funds for the
H. R. 2647—26 
construction of, or advanced procurement of materials for, a surface 
combatant to be constructed after fiscal year 2011 until the Sec-
retary has submitted to Congress each of the following: 
(1) An acquisition strategy for such surface combatants 
that has been approved by the Under Secretary of Defense 
for Acquisition, Technology, and Logistics. 
(2) Certification that the Joint Requirements Oversight 
Council— 
(A) has been briefed on the acquisition strategy to 
procure such surface combatants; and 
(B) has concurred that such strategy is the best pre-
ferred approach to deliver required capabilities to address 
future threats, as reflected in the latest assessment by 
the defense intelligence community. 
(3) A verification by, and conclusions of, an independent 
review panel that, in evaluating the program or programs con-
cerned, the Secretary of the Navy considered each of the fol-
lowing: 
(A) Modeling and simulation, including war gaming 
conclusions regarding combat effectiveness for the selected 
ship platforms as compared to other reasonable alternative 
approaches. 
(B) Assessments of platform operational availability. 
(C) Life cycle costs, including vessel manning levels, 
to accomplish missions. 
(D) The differences in cost and schedule arising from 
the need to accommodate new sensors and weapons in 
surface combatants to be constructed after fiscal year 2011 
to counter the future threats referred to in paragraph 
(2), when compared with the cost and schedule arising 
from the need to accommodate sensors and weapons on 
surface combatants as contemplated by the 2009 ship-
building plan for the vessels concerned. 
(4) The conclusions of a joint review by the Secretary 
of the Navy and the Director of the Missile Defense Agency 
setting forth additional requirements for investment in Aegis 
ballistic missile defense beyond the number of DDG–51 and 
CG–47 vessels planned to be equipped for this mission area 
in the budget of the President for fiscal year 2010 (as submitted 
to Congress pursuant to section 1105 of title 31, United States 
Code). 
(b) FUTURE SURFACE COMBATANT ACQUISITION STRATEGY.—Not 
later than the date upon which the President submits to Congress 
the budget for fiscal year 2012 (as so submitted), the Secretary 
of the Navy shall submit to the congressional defense committees 
an update to the open architecture report to Congress that reflects 
the Navy’s combat systems acquisition plans for the surface combat-
ants to be procured in fiscal year 2012 and fiscal years thereafter. 
(c) NAVAL SURFACE FIRE SUPPORT.—Not later than 120 days 
after the enactment of this Act, the Secretary of the Navy shall 
submit to the congressional defense committees an update to the 
March 2006 Report to Congress on Naval Surface Fire Support. 
The update shall identify how the Department of Defense intends 
to address any shortfalls between required naval surface fire sup-
port capability and the plan of the Navy to provide that capability. 
The update shall include addenda by the Chief of Naval Operations
H. R. 2647—27 
and Commandant of the Marine Corps, as was the case in the 
2006 report. 
(d) TECHNOLOGY ROADMAP FOR FUTURE SURFACE COMBATANTS 
AND FLEET MODERNIZATION.— 
(1) IN GENERAL.—Not later than 120 days after the date 
of the enactment of this Act, the Secretary of the Navy shall 
develop a plan to incorporate into surface combatants con-
structed after 2011, and into fleet modernization programs, 
the technologies developed for the DDG–1000 destroyer and 
the DDG–51 and CG–47 Aegis ships, including technologies 
and systems designed to achieve significant manpower savings. 
(2) SCOPE OF PLAN.—The plan required by paragraph (1) 
shall include sufficient detail for systems and subsystems to 
ensure that the plan— 
(A) avoids redundant development for common func-
tions; 
(B) reflects implementation of Navy plans for achieving 
an open architecture for all naval surface combat systems; 
and 
(C) fosters competition. 
(e) DEFINITIONS.—In this section: 
(1) The term ‘‘2009 shipbuilding plan’’ means the 30-year 
shipbuilding plan submitted to Congress pursuant to section 
231, title 10, United States Code, together with the budget 
of the President for fiscal year 2009 (as submitted to Congress 
pursuant to section 1105 of title 31, United States Code). 
(2) The term ‘‘surface combatant’’ means a cruiser, a 
destroyer, or any naval vessel, excluding Littoral Combat Ships, 
under a program currently designated as a future surface 
combatant program. 
SEC. 126. FORD-CLASS AIRCRAFT CARRIER REPORT. 
Not later than February 1, 2010, the Secretary of the Navy 
shall submit to the congressional defense committees a report on 
the effects of using a five-year interval for the construction of 
Ford-class aircraft carriers. The report shall include, at a minimum, 
an assessment of the effects of such five-year interval on the fol-
lowing: 
(1) With respect to the supplier base— 
(A) the viability of the base, including suppliers exiting 
the market or other potential reductions in competition; 
and 
(B) cost increases to the Ford-class aircraft carrier 
program. 
(2) Training of individuals in trades related to ship 
construction. 
(3) Loss of expertise associated with ship construction. 
(4) The costs of— 
(A) any additional technical support or production plan-
ning associated with the start of construction; 
(B) material and labor; 
(C) overhead; and 
(D) other ship construction programs, including the 
costs of existing and future contracts.
H. R. 2647—28 
SEC. 127. REPORT ON A SERVICE LIFE EXTENSION PROGRAM FOR 
OLIVER HAZARD PERRY CLASS FRIGATES. 
Not later than 90 days after the date of the enactment of 
this Act, the Secretary of the Navy shall submit to the congressional 
defense committees a report setting forth the following: 
(1) A detailed analysis of a service life extension program 
for the Oliver Hazard Perry class frigates, including— 
(A) the cost of the program; 
(B) a notional schedule for the program; and 
(C) the shipyards available to carry out the work under 
the program. 
(2) The strategic plan of the Navy for— 
(A) the manner in which the Littoral Combat Ship 
will fulfill the roles and missions currently performed by 
the Oliver Hazard Perry class frigates as such frigates 
are decommissioned; and 
(B) the year-by-year planned commissioning of Littoral 
Combat Ships and planned decommissioning of Oliver 
Hazard Perry class frigates through the projected service 
life of the Oliver Hazard Perry class frigates. 
(3) An analysis of the necessary procurement rates of Lit-
toral Combat Ships if the extension of the service life of the 
Oliver Hazard Perry class frigates alleviates capability gaps 
caused by a delay in the procurement rates of Littoral Combat 
Ships. 
(4) A description of the manner in which the Navy has 
met the requirements of the United States Southern Command 
over time, including the assets and vessels the Navy has 
deployed for military-to-military engagements, UNITAS exer-
cises, and counterdrug operations in support of the Commander 
of the United States Southern Command during the five-year 
period ending on the date of the report. 
SEC. 128. CONDITIONAL MULTIYEAR PROCUREMENT AUTHORITY FOR 
F/A–18E, F/A–18F, OR EA–18G AIRCRAFT. 
(a) AUTHORITY FOR MULTIYEAR PROCUREMENT.— 
(1) IN GENERAL.—Subject to section 2306b of title 10, United 
States Code, the Secretary of the Navy may enter into a 
multiyear contract for the procurement of F/A–18E, F/A–18F, 
or EA–18G aircraft. 
(2) SUBMISSION OF WRITTEN CERTIFICATION BY SECRETARY 
OF DEFENSE.—For purposes of paragraph (1), the term ‘‘March 
1 of the year in which the Secretary requests legislative 
authority to enter into such contract’’ in section 2306b(i)(1) 
of such title shall be deemed to be a reference to March 1, 
2010. 
(b) CONTRACT REQUIREMENT.—A multiyear contract entered 
into under subsection (a) shall provide that any obligation of the 
United States to make a payment under the contract is subject 
to the availability of appropriations for that purpose. 
(c) REPORT OF FINDINGS.—In addition to any reports or certifi-
cations required by section 2306b of title 10, United States Code, 
not later than March 1, 2010, the Secretary of Defense shall submit 
to the congressional defense committees a report on how the 
findings and conclusions of the quadrennial defense review under 
section 118 of such title and the 30-year aviation plan under section 
231a of such title have informed the acquisition strategy of the
H. R. 2647—29 
Secretary with regard to the F/A–18E, F/A–18F, and EA–18G air-
craft programs of record. 
(d) SUNSET.— 
(1) TERMINATION DATE.—Except as provided in paragraph 
(2), the authority to enter into a multiyear contract under 
subsection (a) shall terminate on May 1, 2010. 
(2) EXTENSION.—The Secretary of the Navy may enter into 
a multiyear contract under subsection (a) until September 30, 
2010, if the Secretary notifies the congressional defense commit-
tees in writing— 
(A) that the administrative processes or other con-
tracting activities necessary for executing this authority 
cannot be completed before May 1, 2010; and 
(B) of the date, on or before September 30, 2010, on 
which the Secretary plans to enter into such multiyear 
contract. 
Subtitle D—Air Force Programs 
SEC. 131. REPORT ON THE PROCUREMENT OF 4.5 GENERATION 
FIGHTER AIRCRAFT. 
(a) IN GENERAL.—Not later than 90 days after the date of 
the enactment of this Act, the Secretary of Defense shall submit 
to the congressional defense committees a report on the procurement 
of 4.5 generation fighter aircraft. The report shall include the fol-
lowing: 
(1) The number of 4.5 generation fighter aircraft needed 
to be procured during fiscal years 2011 through 2025 to fulfill 
the requirement of the Air Force to maintain not less than 
2,200 tactical fighter aircraft. 
(2) The estimated procurement costs for those aircraft if 
procured through annual procurement contracts. 
(3) The estimated procurement costs for those aircraft if 
procured through multiyear procurement contracts. 
(4) The estimated savings that could be derived from the 
procurement of those aircraft through a multiyear procurement 
contract, and whether the Secretary determines the amount 
of those savings to be substantial. 
(5) A discussion comparing the costs and benefits of 
obtaining those aircraft through annual procurement contracts 
with the costs and benefits of obtaining those aircraft through 
a multiyear procurement contract. 
(6) A discussion regarding the availability and feasibility 
of procuring F–35 aircraft to proportionally and concurrently 
recapitalize the Air National Guard during fiscal years 2015 
through fiscal year 2025. 
(b) 4.5 GENERATION FIGHTER AIRCRAFT DEFINED.—In this sec-
tion, the term ‘‘4.5 generation fighter aircraft’’ means current fighter 
aircraft, including the F–15, F–16, and F–18, that— 
(1) have advanced capabilities, including— 
(A) AESA radar; 
(B) high capacity data-link; and 
(C) enhanced avionics; and 
(2) have the ability to deploy current and reasonably 
foreseeable advanced armaments.
H. R. 2647—30 
SEC. 132. REVISED AVAILABILITY OF CERTAIN FUNDS AVAILABLE FOR 
THE F–22A FIGHTER AIRCRAFT. 
(a) REPEAL OF AUTHORITY ON AVAILABILITY OF FISCAL YEAR 
2009 FUNDS.—Section 134 of the Duncan Hunter National Defense 
Authorization Act for Fiscal Year 2009 (Public Law 110–417; 122 
Stat. 4378) is repealed. 
(b) AVAILABILITY OF ADVANCE PROCUREMENT FUNDS FOR OTHER 
F–22A AIRCRAFT MODERNIZATION PRIORITIES.—Subject to the provi-
sions of appropriations Acts and applicable requirements relating 
to the transfer of funds, the Secretary of the Air Force may transfer 
amounts authorized to be appropriated for fiscal year 2009 by 
section 103(1) of the Duncan Hunter National Defense Authoriza-
tion Act for Fiscal Year 2009 (Public Law 110–417; 122 Stat. 4373) 
for aircraft procurement for the Air Force and available for advance 
procurement for the F–22A fighter aircraft within that subaccount 
or to other subaccounts for aircraft procurement for the Air Force 
for purposes of providing funds for other modernization priorities 
with respect to the F–22A fighter aircraft. 
SEC. 133. PRESERVATION AND STORAGE OF UNIQUE TOOLING FOR 
F–22 FIGHTER AIRCRAFT. 
(a) PLAN.—The Secretary of the Air Force shall develop a plan 
for the preservation and storage of unique tooling related to the 
production of hardware and end items for F–22 fighter aircraft. 
The plan shall— 
(1) ensure that the Secretary preserves and stores required 
tooling in a manner that— 
(A) allows the production of such hardware and end 
items to be restarted after a period of idleness; and 
(B) provides for the long-term sustainment and repair 
of such hardware and end items; 
(2) with respect to the supplier base of such hardware 
and end items, identify the costs of restarting production; and 
(3) identify any contract modifications, additional facilities, 
or funding that the Secretary determines necessary to carry 
out the plan. 
(b) RESTRICTION ON THE USE OF FUNDS.—None of the amounts 
authorized to be appropriated by this Act or otherwise made avail-
able for fiscal year 2010 for aircraft procurement, Air Force, for 
F–22 fighter aircraft may be obligated or expended for activities 
related to disposing of F–22 production tooling until a period of 
45 days has elapsed after the date on which the Secretary submits 
to Congress a report describing the plan required by subsection 
(a). 
SEC. 134. AC–130 GUNSHIPS. 
(a) REPORT ON REDUCTION IN SERVICE LIFE IN CONNECTION 
WITH ACCELERATED DEPLOYMENT.—Not later than 90 days after 
the date of the enactment of this Act, the Secretary of the Air 
Force, in consultation with the Commander of the United States 
Special Operations Command, shall submit to the congressional 
defense committees an assessment of the reduction in the service 
life of AC–130 gunships of the Air Force as a result of the acceler-
ated deployments of such gunships that are anticipated during 
the seven- to ten-year period beginning with the date of the enact-
ment of this Act, assuming that operating tempo continues at
H. R. 2647—31 
a rate per year that is similar to the average rate per year of 
the five years preceding the date of the report. 
(b) ELEMENTS.—The report required by subsection (a) shall 
include the following: 
(1) An estimate by series of the maintenance costs for 
the AC–130 gunships during the period described in subsection 
(a), including any major airframe and engine overhauls of such 
aircraft anticipated during that period. 
(2) A description by series of the age, serviceability, and 
capabilities of the armament systems of the AC–130 gunships. 
(3) An estimate by series of the costs of modernizing the 
armament systems of the AC–130 gunships to achieve any 
necessary capability improvements. 
(4) A description by series of the age and capabilities of 
the electronic warfare systems of the AC–130 gunships, and 
an estimate of the cost of upgrading such systems during that 
period to achieve any necessary capability improvements. 
(5) A description by series of the age of the avionics systems 
of the AC–130 gunships and an estimate of the cost of 
upgrading such systems during that period to achieve any 
necessary capability improvements. 
(c) FORM.—The report required by subsection (a) shall be sub-
mitted in unclassified form, but may include a classified annex. 
(d) ANALYSIS
OF ALTERNATIVES.—The Secretary of the Air 
Force, in consultation with the Commander of the United States 
Special Operations Command, shall conduct an analysis of alter-
natives for any gunship modernization requirements identified by 
the 2009 quadrennial defense review under section 118 of title 
10, United States Code. The results of the analysis of alternatives 
shall be provided to the congressional defense committees not later 
than 18 months after the completion of the 2009 quadrennial 
defense review. 
SEC. 135. REPORT ON E–8C JOINT SURVEILLANCE AND TARGET 
ATTACK RADAR SYSTEM RE-ENGINING. 
(a) IN GENERAL.—Not later than 90 days after the date of 
the enactment of this Act, the Secretary of the Air Force shall 
submit to the congressional defense committees a report on 
replacing the engines of E-8C Joint Surveillance and Target Attack 
Radar System aircraft (in this section referred to as ‘‘Joint STARS 
aircraft’’). The report shall include the following: 
(1) An assessment of funding alternatives and options for 
accelerating funding for the fielding of Joint STARS aircraft 
with replaced engines. 
(2) An analysis of the tradeoffs involved in the decision 
to replace the engines of Joint STARS aircraft or not to replace 
those engines, including the potential cost savings from 
replacing those engines and the operational impacts of not 
replacing those engines. 
(3) An identification of the optimum path forward for 
replacing the engines of Joint STARS aircraft and modernizing 
the Joint STARS fleet. 
(b) LIMITATION ON CERTAIN ACTIONS.—The Secretary of the 
Air Force may not take any action that would adversely impact 
the pace of the execution of the program to replace the engines 
of Joint STARS aircraft before submitting the report required by 
subsection (a).
H. R. 2647—32 
SEC. 136. REPEAL OF REQUIREMENT TO MAINTAIN CERTAIN RETIRED 
C–130E AIRCRAFT. 
Section 134 of the National Defense Authorization Act for Fiscal 
Year 2008 (Public Law 110–181; 122 Stat. 31) is amended— 
(1) by striking subsection (c); 
(2) by redesignating subsection (d) as subsection (c); and 
(3) in subsection (b), by striking ‘‘subsection (d)’’ and 
inserting ‘‘subsection (c)’’. 
SEC. 137. LIMITATION ON RETIREMENT OF C–5 AIRCRAFT. 
(a) LIMITATION.—The Secretary of the Air Force may not pro-
ceed with a decision to retire C–5A aircraft from the active inventory 
of the Air Force in any number that would reduce the total number 
of such aircraft in the active inventory below 111 until— 
(1) the Air Force has modified a C–5A aircraft to the 
configuration referred to as the Reliability Enhancement and 
Reengining Program (RERP) configuration, as planned under 
the C–5 System Development and Demonstration program as 
of May 1, 2003; and 
(2) the Director of Operational Test and Evaluation of 
the Department of Defense— 
(A) conducts an operational evaluation of that aircraft, 
as so modified; and 
(B) provides to the Secretary of Defense and the 
congressional defense committees an operational assess-
ment. 
(b) OPERATIONAL EVALUATION.—An operational evaluation for 
purposes of paragraph (2)(A) of subsection (a) is an evaluation, 
conducted during operational testing and evaluation of the aircraft, 
as so modified, of the performance of the aircraft with respect 
to reliability, maintainability, and availability and with respect 
to critical operational issues. 
(c) OPERATIONAL ASSESSMENT.—An operational assessment for 
purposes of paragraph (2)(B) of subsection (a) is an operational 
assessment of the program to modify C–5A aircraft to the configura-
tion referred to in subsection (a)(1) regarding both overall suitability 
and deficiencies of the program to improve performance of the 
C–5A aircraft relative to requirements and specifications for reli-
ability, maintainability, and availability of that aircraft as in effect 
on May 1, 2003. 
(d) ADDITIONAL LIMITATIONS ON RETIREMENT OF AIRCRAFT.— 
The Secretary of the Air Force may not retire C–5 aircraft from 
the active inventory as of the date of the enactment of this Act 
until the later of the following: 
(1) The date that is 90 days after the date on which 
the Director of Operational Test and Evaluation submits the 
report referred to in subsection (a)(2)(B). 
(2) The date that is 90 days after the date on which 
the Secretary submits the report required under subsection 
(e). 
(3) The date that is 30 days after the date on which 
the Secretary certifies to the congressional defense committees 
that— 
(A) the retirement of such aircraft will not increase 
the operational risk of meeting the National Defense 
Strategy; and
H. R. 2647—33 
(B) the retirement of such aircraft will not reduce 
the total strategic airlift force structure below 316 strategic 
airlift aircraft. 
(e) REPORT ON RETIREMENT OF AIRCRAFT.—The Secretary of 
the Air Force shall submit to the congressional defense committees 
a report setting forth the following: 
(1) The rationale for the retirement of existing C–5 aircraft 
and a cost-benefit analysis of alternative strategic airlift force 
structures, including the force structure that would result from 
the retirement of such aircraft. 
(2) An updated assessment to the assessment of the Under 
Secretary for Acquisition, Technology, and Logistics certified 
on February 14, 2008, concerning the costs and benefits of 
applying the Reliability Enhancement and Re-engining Pro-
gram (RERP) modification to the entire the C–5A aircraft fleet. 
(3) An assessment of the implications for the Air Force, 
the Air National Guard, and the Air Force Reserve of operating 
a mix of C–5A aircraft and C–5M aircraft. 
(4) An assessment of the costs and benefits of increasing 
the number of C–5 aircraft in Back-up Aircraft Inventory (BAI) 
status as a hedge against future requirements of such aircraft. 
(5) An assessment of the costs, benefits, and implications 
of transferring C–5 aircraft to United States flag carriers oper-
ating in the Civil Reserve Air Fleet (CRAF) program or to 
coalition partners in lieu of the retirement of such aircraft. 
(6) Such other matters relating to the retirement of C– 
5 aircraft as the Secretary considers appropriate. 
SEC. 138. REPORTS ON STRATEGIC AIRLIFT AIRCRAFT. 
At least 90 days before the date on which a C–5 aircraft 
is retired, the Secretary of the Air Force, in consultation with 
the Director of the Air National Guard, shall submit to the congres-
sional defense committees a report on the proposed force structure 
and basing of strategic airlift aircraft (as defined in section 
8062(g)(2) of title 10, United States Code). Each report shall include 
the following: 
(1) A list of each aircraft in the inventory of strategic 
airlift aircraft, including for each such aircraft— 
(A) the type; 
(B) the variant; and 
(C) the military installation where such aircraft is 
based. 
(2) A list of each strategic airlift aircraft proposed for 
retirement, including for each such aircraft— 
(A) the type; 
(B) the variant; and 
(C) the military installation where such aircraft is 
based. 
(3) A list of each unit affected by a proposed retirement 
listed under paragraph (2) and how such unit is affected. 
(4) For each military installation listed under paragraph 
(2)(C), changes, if any, to the mission of the installation as 
a result of a proposed retirement. 
(5) Any anticipated reductions in manpower as a result 
of a proposed retirement listed under paragraph (2).
H. R. 2647—34 
SEC. 139. STRATEGIC AIRLIFT FORCE STRUCTURE. 
Subsection (g)(1) of section 8062 of title 10, United States 
Code, is amended— 
(1) by striking ‘‘2008’’ and inserting ‘‘2009’’; and 
(2) by striking ‘‘299’’ and inserting ‘‘316’’. 
Subtitle E—Joint and Multiservice Matters 
SEC. 141. BODY ARMOR PROCUREMENT. 
(a) PROCUREMENT.—The Secretary of Defense shall ensure that 
body armor is procured using funds authorized to be appropriated 
by this title. 
(b) PROCUREMENT LINE ITEM.—In the budget materials sub-
mitted to the President by the Secretary of Defense in connection 
with the submission to Congress, pursuant to section 1105 of title 
31, United States Code, of the budget for fiscal year 2011, and 
each subsequent fiscal year, the Secretary shall ensure that within 
each military department procurement account, a separate, dedi-
cated procurement line item is designated for body armor. 
SEC. 142. UNMANNED CARGO-CARRYING-CAPABLE AERIAL VEHICLES. 
None of the amounts authorized to be appropriated for procure-
ment may be obligated or expended for an unmanned cargo-car-
rying-capable aerial vehicle until a period of 15 days has elapsed 
after the date on which the Vice Chairman of the Joint Chiefs 
of Staff and the Under Secretary of Defense for Acquisition, Tech-
nology, and Logistics certify to the congressional defense committees 
that the Joint Requirements Oversight Council has approved a 
joint and common requirement for an unmanned cargo-carrying- 
capable aerial vehicle type. 
SEC. 143. MODIFICATION OF NATURE OF DATA LINK FOR USE BY TAC-
TICAL UNMANNED AERIAL VEHICLES. 
Section 141(a)(1) of the National Defense Authorization Act 
for Fiscal Year 2006 (Public Law 109–163; 119 Stat. 3164) is 
amended by striking ‘‘, until such time as the Tactical Common 
Data Link standard is replaced by an updated standard for use 
by those vehicles’’ and inserting ‘‘or a data link that uses waveform 
capable of transmitting and receiving Internet Protocol communica-
tions’’. 
TITLE II—RESEARCH, DEVELOPMENT, 
TEST, AND EVALUATION 
Subtitle A—Authorization of Appropriations 
Sec. 201. Authorization of appropriations. 
Sec. 202. Relation to funding table. 
Subtitle B—Program Requirements, Restrictions, and Limitations 
Sec. 211. Extension and enhancement of Global Research Watch Program. 
Sec. 212. Permanent authority for the Joint Defense Manufacturing Technology 
Panel. 
Sec. 213. Elimination of report requirements regarding Defense Science and Tech-
nology Program. 
Sec. 214. Authorization for the Secretary of the Navy to purchase infrastructure 
and Government purpose rights license associated with the Navy-Ma-
rine Corps intranet.
H. R. 2647—35 
Sec. 215. Limitation on expenditure of funds for Joint Multi-Mission Submersible 
program. 
Sec. 216. Separate program elements required for research and development of in-
dividual body armor and associated components. 
Sec. 217. Separate procurement and research, development, test, and evaluation 
line items and program elements for the F-35B and F-35C joint strike 
fighter aircraft. 
Sec. 218. Restriction on obligation of funds for Army tactical ground network pro-
gram pending receipt of report. 
Sec. 219. Programs for ground combat vehicle and self-propelled howitzer capabili-
ties for the Army. 
Sec. 220. Guidance on budget justification materials describing funding requested 
for operation, sustainment, modernization, and personnel of major 
ranges and test facilities. 
Sec. 221. Assessment of technological maturity and integration risk of Army mod-
ernization programs. 
Sec. 222. Assessment of activities for technology modernization of the combat vehi-
cle and armored tactical wheeled vehicle fleets. 
Subtitle C—Missile Defense Programs 
Sec. 231. Sense of Congress on ballistic missile defense. 
Sec. 232. Assessment and plan for the Ground-based Midcourse Defense element of 
the Ballistic Missile Defense System. 
Sec. 233. Continued production of Ground-based Interceptor missile and operation 
of Missile Field 1 at Fort Greely, Alaska. 
Sec. 234. Limitation on availability of funds for acquisition or deployment of missile 
defenses in Europe. 
Sec. 235. Authorization of funds for development and deployment of alternative 
missile defense systems in Europe. 
Sec. 236. Comprehensive plan for test and evaluation of the ballistic missile de-
fense system. 
Sec. 237. Study on discrimination capabilities of ballistic missile defense system. 
Sec. 238. Ascent phase missile defense strategy and plan. 
Sec. 239. Extension of deadline for study on boost-phase missile defense. 
Subtitle D—Reports 
Sec. 241. Repeal of requirement for biennial joint warfighting science and tech-
nology plan. 
Sec. 242. Modification of reporting requirement for defense nanotechnology re-
search and development program. 
Sec. 243. Comptroller General assessment of coordination of energy storage device 
requirements, purchases, and investments. 
Sec. 244. Annual Comptroller General report on the F–35 Lightning II aircraft ac-
quisition program. 
Sec. 245. Report on integration of Department of Defense intelligence, surveillance, 
and reconnaissance capabilities. 
Sec. 246. Report on future research and development of man-portable and vehicle- 
mounted guided missile systems. 
Sec. 247. Report on the development of command and control systems. 
Sec. 248. Evaluation of Extended Range Modular Sniper Rifle Systems. 
Subtitle E—Other Matters 
Sec. 251. Enhancement of duties of Director of Department of Defense Test Re-
source Management Center with respect to the Major Range and Test 
Facility Base. 
Sec. 252. Establishment of program to enhance participation of historically black 
colleges and universities and minority-serving institutions in defense re-
search programs. 
Sec. 253. Extension of authority to award prizes for advanced technology achieve-
ments. 
Sec. 254. Authority for National Aeronautics and Space Administration federally 
funded research and development centers to participate in merit-based 
technology research and development programs. 
Sec. 255. Next generation bomber aircraft.
H. R. 2647—36 
Subtitle A—Authorization of 
Appropriations 
SEC. 201. AUTHORIZATION OF APPROPRIATIONS. 
Funds are hereby authorized to be appropriated for fiscal year 
2010 for the use of the Department of Defense for research, develop-
ment, test, and evaluation as follows: 
(1) For the Army, $10,638,534,000. 
(2) For the Navy, $19,607,161,000. 
(3) For the Air Force, $28,401,642,000. 
(4) For Defense-wide activities, $20,604,271,000, of which 
$190,770,000 is authorized for the Director of Operational Test 
and Evaluation. 
SEC. 202. RELATION TO FUNDING TABLE. 
The amounts authorized to be appropriated by section 201 
shall be available, in accordance with the requirements of section 
4001, for projects, programs, and activities, and in the amounts, 
specified in the funding table in section 4201. 
Subtitle B—Program Requirements, 
Restrictions, and Limitations 
SEC. 211. EXTENSION AND ENHANCEMENT OF GLOBAL RESEARCH 
WATCH PROGRAM. 
(a) LIMITATION ON AVAILABILITY OF CERTAIN FUNDS FOR MILI-
TARY DEPARTMENTS PENDING PROVISION
OF ASSISTANCE UNDER 
PROGRAM.—Subsection (d) of section 2365 of title 10, United States 
Code, is amended by adding at the end the following new paragraph: 
‘‘(3)(A) Funds available to a military department for a fiscal 
year for monitoring or analyzing the research activities and capabili-
ties of foreign nations may not be obligated or expended until 
the Director certifies to the Under Secretary of Defense for Acquisi-
tion, Technology, and Logistics that the Secretary of such military 
department has provided the assistance required under paragraph 
(2). 
‘‘(B) The limitation in subparagraph (A) shall not be construed 
to alter or effect the availability to a military department of funds 
for intelligence activities.’’. 
(b) FOUR-YEAR EXTENSION OF PROGRAM.—Subsection (f) of such 
section is amended by striking ‘‘September 30, 2011’’ and inserting 
‘‘September 30, 2015’’. 
SEC. 212. PERMANENT AUTHORITY FOR THE JOINT DEFENSE MANU-
FACTURING TECHNOLOGY PANEL. 
Section 2521 of title 10, United States Code, is amended— 
(1) by redesignating subsection (e) as subsection (f); and 
(2) by inserting after subsection (d) the following new sub-
section (e): 
‘‘(e) JOINT DEFENSE MANUFACTURING TECHNOLOGY PANEL.— 
(1) There is in the Department of Defense the Joint Defense Manu-
facturing Technology Panel. 
‘‘(2)(A) The Chair of the Joint Defense Manufacturing Tech-
nology Panel shall be the head of the Panel. The Chair shall 
be appointed, on a rotating basis, from among the appropriate
H. R. 2647—37 
personnel of the military departments and Defense Agencies with 
manufacturing technology programs. 
‘‘(B) The Panel shall be composed of at least one individual 
from among appropriate personnel of each military department 
and Defense Agency with manufacturing technology programs. The 
Panel may include as ex-officio members such individuals from 
other government organizations, academia, and industry as the 
Chair considers appropriate. 
‘‘(3) The purposes of the Panel shall be as follows: 
‘‘(A) To identify and integrate requirements for the pro-
gram. 
‘‘(B) To conduct joint planning for the program. 
‘‘(C) To develop joint strategies for the program. 
‘‘(4) In carrying out the purposes specified in paragraph (3), 
the Panel shall perform the functions as follows: 
‘‘(A) Conduct comprehensive reviews and assessments of 
defense-related manufacturing issues being addressed by the 
manufacturing technology programs and related activities of 
the Department of Defense. 
‘‘(B) Execute strategic planning to identify joint planning 
opportunities for increased cooperation in the development and 
implementation of technological products and the leveraging 
of funding for such purposes with the private sector and other 
government agencies. 
‘‘(C) Ensure the integration and coordination of require-
ments and programs under the program with the Office of 
the Secretary of Defense and other national-level initiatives, 
including the establishment of information exchange processes 
with other government agencies, private industry, academia, 
and professional associations. 
‘‘(D) Conduct such other functions as the Under Secretary 
of Defense for Acquisition, Technology, and Logistics shall 
specify. 
‘‘(5) The Panel shall report to and receive direction from the 
Director of Defense Research and Engineering on manufacturing 
technology issues of multi-service concern and application. 
‘‘(6) The administrative expenses of the Panel shall be borne 
by each military department and Defense Agency with manufac-
turing technology programs in such manner as the Panel shall 
provide.’’. 
SEC. 213. ELIMINATION OF REPORT REQUIREMENTS REGARDING 
DEFENSE SCIENCE AND TECHNOLOGY PROGRAM. 
Section 212 of the National Defense Authorization Act for Fiscal 
Year 2000 (10 U.S.C. 2501 note) is repealed. 
SEC. 214. AUTHORIZATION FOR THE SECRETARY OF THE NAVY TO 
PURCHASE INFRASTRUCTURE AND GOVERNMENT PUR-
POSE RIGHTS LICENSE ASSOCIATED WITH THE NAVY- 
MARINE CORPS INTRANET. 
(a) PURCHASES AUTHORIZED.—The Secretary of the Navy may 
enter into one or more contracts for the purchase of infrastructure 
and Government purpose rights for any or all technical data, com-
puter software, and computer software documentation used or cre-
ated under the Navy-Marine Corps Intranet multiyear contract, 
as in effect on the date of the enactment of this Act, if the Secretary 
determines that such a purchase would be in the best interest 
of the Department of the Navy.
H. R. 2647—38 
(b) CONTRACT REQUIREMENTS.—Under a contract entered into 
under this section, the Secretary may purchase any discrete compo-
nent or item of technical data, computer software, or computer 
software documentation of the Navy-Marine Corps Intranet and 
may obligate the Government only to amounts provided in advance 
in appropriations Acts specifically for the purpose of the contract. 
This section shall not apply to any purchases using funds available 
to the Department of the Navy for any fiscal year that begins 
before October 1, 2010. 
(c) LIMITATION.—A contract entered into under this section 
may not, in any way, commit the Secretary or the Government 
to purchase any additional components or other items of technical 
data, computer software, or computer software documentation in 
subsequent years. 
(d) LIMITATION ON LIABILITY.—A contract entered into under 
this section shall limit the amount of Government liability under 
the contract to the amount of appropriations available for such 
purpose at the time the Secretary enters into the contract or on 
the date an option is exercised. 
(e) PURCHASE BEFORE END
OF CONTRACT PERIOD.—Nothing 
in this section and nothing in any contract entered into under 
this section shall preclude the Secretary from purchasing the infra-
structure and Government purpose rights for all technical data, 
computer software, and computer software documentation used or 
created under the Navy-Marine Corps Intranet multiyear contract, 
as in effect on the date of the enactment of this Act, prior to 
the end of the contract period, for whatever reason the Secretary 
determine is appropriate. 
SEC. 215. LIMITATION ON EXPENDITURE OF FUNDS FOR JOINT MULTI- 
MISSION SUBMERSIBLE PROGRAM. 
None of the funds authorized to be appropriated by this or 
any other Act for fiscal year 2010 may be obligated or expended 
for the Joint Multi-Mission Submersible program to proceed beyond 
Milestone B approval (as that term is defined in section 2366(e)(7) 
of title 10, United States Code) until the Secretary of Defense, 
in consultation with the Director of National Intelligence— 
(1) completes an assessment on the feasibility of a cost- 
sharing agreement between the Department of Defense and 
the intelligence community (as that term is defined in section 
3(4) of the National Security Act of 1947 (50 U.S.C. 401a(4))), 
for the Joint Multi-Mission Submersible program; 
(2) submits to the congressional defense committees and 
the intelligence committees (as that term is defined in section 
3(7) of the National Security Act of 1947 (50 U.S.C. 401a(7)) 
the assessment referred to in paragraph (1); and 
(3) certifies to the congressional defense committees and 
the intelligence committees that any agreement developed 
pursuant to the assessment referred to in paragraph (1) rep-
resents the most effective and affordable means of delivery 
for meeting a validated program requirement. 
SEC. 216. SEPARATE PROGRAM ELEMENTS REQUIRED FOR RESEARCH 
AND DEVELOPMENT OF INDIVIDUAL BODY ARMOR AND 
ASSOCIATED COMPONENTS. 
In the budget materials submitted to the President by the 
Secretary of Defense in connection with the submission to Congress, 
pursuant to section 1105 of title 31, United States Code, of the
H. R. 2647—39 
budget for fiscal year 2011, and each subsequent fiscal year, the 
Secretary shall ensure that within each research, development, 
test, and evaluation account of each military department a separate, 
dedicated program element is assigned to the research and develop-
ment of individual body armor and associated components. 
SEC. 217. SEPARATE PROCUREMENT AND RESEARCH, DEVELOPMENT, 
TEST, AND EVALUATION LINE ITEMS AND PROGRAM ELE-
MENTS FOR THE F-35B AND F-35C JOINT STRIKE FIGHTER 
AIRCRAFT. 
In the budget materials submitted to the President by the 
Secretary of Defense in connection with the submission to Congress, 
pursuant to section 1105 of title 31, United States Code, of the 
budget for fiscal year 2011, and each subsequent fiscal year, the 
Secretary shall ensure that within the Navy research, development, 
test, and evaluation account and the Navy aircraft procurement 
account, a separate, dedicated line item and program element is 
assigned to each of the F-35B aircraft and the F-35C aircraft, 
to the extent that such accounts include funding for each such 
aircraft. 
SEC. 218. RESTRICTION ON OBLIGATION OF FUNDS FOR ARMY TAC-
TICAL GROUND NETWORK PROGRAM PENDING RECEIPT 
OF REPORT. 
(a) LIMITATION ON OBLIGATION OF RESEARCH AND DEVELOPMENT 
FUNDING.—Of the funds authorized to be appropriated by this Act 
or otherwise made available for fiscal year 2010 for research and 
development for the Army, for the program elements specified in 
subsection (c), not more than 50 percent may be obligated or 
expended until 30 days after the Under Secretary of Defense for 
Acquisition, Technology, and Logistics submits to Congress a report 
on the acquisition strategy, requirements, and cost estimates for 
the Army tactical ground network program. 
(b) ARMY TACTICAL GROUND NETWORK PROGRAM DEFINED.— 
For the purposes of subsection (a), the term ‘‘Army tactical ground 
network program’’ means the new tactical ground network major 
defense acquisition program derived from the Future Combat Sys-
tems Brigade Combat Team program network, and directed to be 
initiated by the memorandum entitled ‘‘Future Combat Systems 
Brigade Combat Team Acquisition Decision Memorandum’’, which 
was signed by the Under Secretary of Defense for Acquisition, 
Technology, and Logistics on June 23, 2009. 
(c) ARMY TACTICAL GROUND NETWORK PROGRAM ELEMENTS 
SPECIFIED.—The program elements specified in this subsection are 
the following: 
(1) Future Combat Systems of Systems Engineering and 
Program Management. 
(2) Future Combat Systems Sustainment and Training 
Research and Development. 
(3) Any other program element specified by the Secretary 
of Defense to fund the Army tactical ground network program. 
SEC. 219. PROGRAMS FOR GROUND COMBAT VEHICLE AND SELF-PRO-
PELLED HOWITZER CAPABILITIES FOR THE ARMY. 
(a) PROGRAMS REQUIRED.— 
(1) IN GENERAL.—The Secretary of Defense shall carry out 
a separate program to achieve each of the following:
H. R. 2647—40 
(A) The development, test, and fielding of an operation-
ally effective, suitable, survivable, and affordable next 
generation ground combat vehicle for the Army. 
(B) The development, test, and fielding of an operation-
ally effective, suitable, survivable, and affordable next 
generation self-propelled howitzer capability for the Army. 
(2) COMPLIANCE
WITH
CERTAIN
ACQUISITION
REQUIRE-
MENTS.—Each program under paragraph (1) shall comply with 
the requirements of the Weapons Systems Acquisition Reform 
Act of 2009, and the amendments made by that Act. 
(b) STRATEGY AND PLAN FOR ACQUISITION.— 
(1) IN GENERAL.—Not later than March 31, 2010, the Sec-
retary shall submit to the congressional defense committees 
a report setting forth a strategy and plan for the acquisition 
of weapon systems under the programs required by subsection 
(a). Each strategy and plan shall include measurable goals 
and objectives for the acquisition of such weapon systems, 
and shall identify all proposed major development, testing, 
procurement, and fielding events toward the achievement of 
such goals and objectives. 
(2) ELEMENTS.—In developing each strategy and plan under 
paragraph (1), the Secretary shall consider the following: 
(A) A single vehicle or family of vehicles utilizing a 
common chassis and automotive components. 
(B) The incorporation of weapon, vehicle, communica-
tions, network, and system of systems common operating 
environment technologies developed under the Future Com-
bat Systems program. 
(c) ANNUAL REPORTS.— 
(1) REPORTS REQUIRED.—The Secretary shall submit to the 
congressional defense committees, at the same time the Presi-
dent submits to Congress the budget for each of fiscal years 
2011 through 2015 (as submitted pursuant to section 1105(a) 
of title 31, United States Code), a report on the investments 
proposed to be made under such budget with respect to each 
program required by subsection (a). 
(2) ELEMENTS.—Each report under paragraph (1) shall set 
forth, for the fiscal year covered by the budget with which 
such report is submitted— 
(A) the manner in which amounts requested in such 
budget would be available for each program required by 
subsection (a); and 
(B) an assessment of the extent to which utilizing 
such amount in such manner would improve ground combat 
capabilities for the Army. 
SEC. 
220. 
GUIDANCE 
ON 
BUDGET 
JUSTIFICATION 
MATERIALS 
DESCRIBING 
FUNDING 
REQUESTED 
FOR 
OPERATION, 
SUSTAINMENT, MODERNIZATION, AND PERSONNEL OF 
MAJOR RANGES AND TEST FACILITIES. 
(a) GUIDANCE ON BUDGET JUSTIFICATION MATERIALS.—The Sec-
retary of Defense, acting through the Under Secretary of Defense 
(Comptroller) and the Director of the Department of Defense Test 
Resource Management Center, shall issue guidance clarifying and 
standardizing the information required in budget justification mate-
rials describing amounts to be requested in the budget of the 
President for a fiscal year (as submitted to Congress pursuant
H. R. 2647—41 
to section 1105(a) of title 31, United States Code) for funding 
for each facility and resource of the Major Range and Test Facility 
Base in connection with each of the following: 
(1) Operation. 
(2) Sustainment. 
(3) Investment and modernization. 
(4) Government personnel. 
(5) Contractor personnel. 
(b) APPLICABILITY.—The guidance issued under subsection (a) 
shall apply with respect to budgets of the President for fiscal 
years after fiscal year 2010. 
(c) MAJOR RANGE AND TEST FACILITY BASE DEFINED.—In this 
section, the term ‘‘Major Range and Test Facility Base’’ has the 
meaning given that term in section 196(h) of title 10, United States 
Code. 
SEC. 221. ASSESSMENT OF TECHNOLOGICAL MATURITY AND INTEGRA-
TION RISK OF ARMY MODERNIZATION PROGRAMS. 
(a) ASSESSMENT REQUIRED.—The Director of Defense Research 
and Engineering shall, in consultation with the Director of Develop-
mental Test and Evaluation, review and assess the technological 
maturity and integration risk of critical technologies (as jointly 
identified by the Director and the Secretary of the Army for pur-
poses of this section) of Army modernization programs and appro-
priate associated systems and programs, including the programs 
as follows: 
(1) Ground Combat Vehicle. 
(2) Future Combat Systems network hardware and soft-
ware. 
(3) Warfighter Information Network–Tactical, Increment 
3. 
(4) Appropriate portions of the Joint Tactical Radio System, 
including Ground Mobile Radios, Handheld, Manpack, Small 
Form Fit Radios, and Network Enterprise Domain. 
(5) Non-Line of Sight Launch System. 
(6) Small Unmanned Ground Vehicle. 
(7) Class I Unmanned Aerial Vehicle. 
(8) Class IV Unmanned Aerial Vehicle. 
(9) Multifunction Utility/Logistics Equipment Vehicle. 
(10) Tactical Unattended Ground Sensors. 
(11) Urban Unattended Ground Sensors. 
(12) Any other programs jointly identified by the Director 
and the Secretary for purposes of this section. 
(b) REPORT.—Not later than nine months after the date of 
the enactment of this Act, the Secretary of Defense shall submit 
to the congressional defense committees a report on the techno-
logical maturity and integration risk of critical technologies of Army 
modernization programs and associated systems and programs cov-
ered by the review and assessment required under subsection (a), 
as determined pursuant to that assessment. 
SEC. 222. ASSESSMENT OF ACTIVITIES FOR TECHNOLOGY MODERNIZA-
TION OF THE COMBAT VEHICLE AND ARMORED TACTICAL 
WHEELED VEHICLE FLEETS. 
(a) INDEPENDENT ASSESSMENT OF STRATEGY REQUIRED.— 
(1) IN GENERAL.—Not later than 30 days after the date 
of the enactment of this Act, the Secretary of Defense shall 
enter into a contract with an appropriate entity independent
H. R. 2647—42 
of the United States Government to conduct an independent 
assessment of current, anticipated, and potential research, 
development, test, and evaluation activities for or applicable 
to the modernization of the combat vehicle fleet and armored 
tactical wheeled vehicle fleet of the Department of Defense. 
(2) ACCESS
TO
INFORMATION
AND
RESOURCES.—The Sec-
retary shall provide the entity with which the Secretary enters 
into a contract under paragraph (1) with access to such informa-
tion and resources as are appropriate for the entity to conduct 
the assessment required by that paragraph. 
(b) REPORTS.— 
(1) IN GENERAL.—The contract required by subsection (a) 
shall provide that the entity with which the Secretary enters 
into a contract under that subsection shall submit to the Sec-
retary and the congressional defense committees— 
(A) an interim report on the assessment required by 
that subsection by not later than July 31, 2010; and 
(B) a final report on such assessment by not later 
than December 31, 2010. 
(2) ELEMENTS.—Each of the reports required by paragraph 
(1) shall include the following: 
(A) A detailed discussion of the requirements and capa-
bility needs identified or proposed for current and prospec-
tive combat vehicles and armored tactical wheeled vehicles. 
(B) An identification of capability gaps for combat 
vehicles and armored tactical wheeled vehicles based on 
lessons learned from recent conflicts and an assessment 
of emerging threats. 
(C) An identification of the critical technology elements 
or integration risks associated with particular categories 
of combat vehicles and armored tactical wheeled vehicles, 
and with particular missions of such vehicles. 
(D) Recommendations with respect to actions that could 
be taken to develop and deploy, during the ten-year period 
beginning on the date of the submittal of the report, critical 
technology capabilities to address the capability gaps 
identified pursuant to subparagraph (B), including an 
identification of high priority science and technology, 
research and engineering, and prototyping opportunities. 
(E) Such other matters as the Secretary considers 
appropriate. 
Subtitle C—Missile Defense Programs 
SEC. 231. SENSE OF CONGRESS ON BALLISTIC MISSILE DEFENSE. 
It is the sense of Congress that— 
(1) the United States should develop, test, field, and main-
tain operationally-effective and cost-effective ballistic missile 
defense systems that are capable of defending the United 
States, its forward-deployed forces, allies, and other friendly 
nations from the threat of ballistic missile attacks from nations 
such as North Korea and Iran; 
(2) the missile defense force structure and inventory levels 
of such missile defense systems should be determined based 
on an assessment of ballistic missile threats and a determina-
tion by senior military leaders, combatant commanders, and
H. R. 2647—43 
defense officials of the requirements and capabilities needed 
to address those threats; and 
(3) the test and evaluation program for such missile defense 
systems should be operationally realistic and provide a high 
level of confidence in the capability of such systems (including 
their continuing effectiveness over the course of their service 
lives), and adequate resources should be available for that 
test and evaluation program (including interceptor missiles and 
targets for flight tests). 
SEC. 232. ASSESSMENT AND PLAN FOR THE GROUND-BASED MID-
COURSE DEFENSE ELEMENT OF THE BALLISTIC MISSILE 
DEFENSE SYSTEM. 
(a) SENSE
OF CONGRESS.—It is the sense of Congress that 
the Secretary of Defense should ensure the reliability, availability, 
maintainability, and supportability of the Ground-based Midcourse 
Defense element of the Ballistic Missile Defense system throughout 
the service life of such element. 
(b) ASSESSMENT REQUIRED.— 
(1) IN
GENERAL.—As part of the quadrennial defense 
review, the Nuclear Posture Review, and the Ballistic Missile 
Defense Review, the Secretary of Defense shall conduct an 
assessment of the following: 
(A) Ground-based Midcourse Defense element of the 
Ballistic Missile Defense system. 
(B) Future options for the Ground-based Midcourse 
Defense element. 
(2) ELEMENTS.—The assessment required by paragraph (1) 
shall include an assessment of the following: 
(A) The ballistic missile threat against which the 
Ground-based Midcourse Defense element is intended to 
defend. 
(B) The military requirements for Ground-based Mid-
course Defense capabilities against such missile threat. 
(C) The capabilities of the Ground-based Midcourse 
Defense element as of the date of the assessment. 
(D) The planned capabilities of the Ground-based Mid-
course Defense element, if different from the capabilities 
under subparagraph (C). 
(E) The force structure and inventory levels necessary 
for the Ground-based Midcourse Defense element to achieve 
the planned capabilities of that element, including an anal-
ysis of the costs and the potential advantages and disadvan-
tages of deploying 44 operational Ground-based Interceptor 
missiles. 
(F) The infrastructure necessary to achieve such 
capabilities, including the number and location of oper-
ational silos. 
(G) The number of Ground-based Interceptor missiles 
necessary for operational assets, test assets (including 
developmental and operational test assets and aging and 
surveillance test assets), and spare missiles. 
(3) REPORT.—At or about the same time the budget of 
the President for fiscal year 2011 is submitted to Congress 
pursuant to section 1105 of title 31, United States Code, the 
Secretary shall submit to the congressional defense committees 
a report setting forth the results of the assessment required
H. R. 2647—44 
by paragraph (1). The report shall be in unclassified form, 
but may include a classified annex. 
(c) PLAN REQUIRED.— 
(1) IN GENERAL.—In addition to the assessment required 
by subsection (b), the Secretary shall establish a plan for the 
Ground-based Midcourse Defense element of the Ballistic Mis-
sile Defense system. The plan shall cover the period of the 
future-years defense program that is submitted to Congress 
under section 221 of title 10, United States Code, at or about 
the same time as the submittal to Congress of the budget 
of the President for fiscal year 2011. 
(2) ELEMENTS.—The plan required by paragraph (1) shall 
include the following elements: 
(A) The schedule for achieving the planned capability 
of the Ground-based Midcourse Defense element, including 
the completion of operational silos, the delivery of oper-
ational Ground-Based Interceptors, and the deployment of 
such interceptors in those silos. 
(B) The plan for funding the development, production, 
deployment, testing, improvement, and sustainment of the 
Ground-based Midcourse Defense element. 
(C) The plan to maintain the operational effectiveness 
of the Ground-based Midcourse Defense element over the 
course of its service life, including any modernization or 
capability enhancement efforts, and any sustainment 
efforts. 
(D) The plan for flight testing the Ground-based Mid-
course Defense element, including aging and surveillance 
tests to demonstrate the continuing effectiveness of the 
system over the course of its service life. 
(E) The plan for production of Ground-Based Inter-
ceptor missiles necessary for operational assets, develop-
mental and operational test assets, aging and surveillance 
test assets, and spare missiles. 
(3) REPORT.—At or about the same time the budget of 
the President for fiscal year 2011 is submitted to Congress 
pursuant to section 1105 of title 31, United States Code, the 
Secretary shall submit to the congressional defense committees 
a report setting forth the plan required by paragraph (1). The 
report shall be in unclassified form, but may include a classified 
annex. 
(d) CONSTRUCTION.—Nothing in this section shall be construed 
as altering or revising the continued production of all Ground- 
Based Interceptor missiles on contract as of June 23, 2009. 
(e) COMPTROLLER GENERAL REVIEW.—The Comptroller General 
of the United States shall— 
(1) review the assessment required by subsection (b) and 
the plan required by subsection (c); and 
(2) not later than 120 days after receiving the assessment 
and the plan, provide to the congressional defense committees 
the results of the review. 
SEC. 233. CONTINUED PRODUCTION OF GROUND-BASED INTERCEPTOR 
MISSILE AND OPERATION OF MISSILE FIELD 1 AT FORT 
GREELY, ALASKA. 
(a) LIMITATION ON BREAK IN PRODUCTION.—The Secretary of 
Defense shall ensure that the Director of the Missile Defense Agency
H. R. 2647—45 
does not allow a break in production of the Ground-based Inter-
ceptor missile until the Secretary has— 
(1) completed the Ballistic Missile Defense Review; 
(2) made a determination with respect to the number of 
Ground-based Interceptor missiles that will be necessary to 
support the service life of the Ground-based Midcourse Defense 
element of the Ballistic Missile Defense System; and 
(3) submitted to the congressional defense committees a 
report containing such determination. 
(b) LIMITATION ON CERTAIN ACTIONS WITH RESPECT TO MISSILE 
FIELD 1 AND MISSILE FIELD 2 AT FORT GREELY, ALASKA.— 
(1) LIMITATION ON DECOMMISSIONING OF MISSILE FIELD 1.— 
The Secretary of Defense shall ensure that Missile Field 1 
at Fort Greely, Alaska, is not completely decommissioned until 
six silos are operationally available in Missile Field 2 at Fort 
Greely. 
(2) LIMITATION WITH RESPECT TO DISPOSITION OF SILOS AT 
MISSILE FIELD 2.—The Secretary of Defense shall ensure that 
no irreversible decision is made with respect to the number 
of silos at Missile Field 2 at Fort Greely, Alaska, until the 
date that is 60 days after the date on which the reports required 
by subsections (b)(3) and (c)(3) of section 232 are submitted 
to the congressional defense committees. 
SEC. 234. LIMITATION ON AVAILABILITY OF FUNDS FOR ACQUISITION 
OR DEPLOYMENT OF MISSILE DEFENSES IN EUROPE. 
No funds authorized to be appropriated by this Act or otherwise 
made available for the Department of Defense for fiscal year 2010 
or any fiscal year thereafter may be obligated or expended for 
the acquisition (other than initial long-lead procurement) or deploy-
ment of operational missiles of a long-range missile defense system 
in Europe until the Secretary of Defense, after receiving the views 
of the Director of Operational Test and Evaluation, submits to 
the congressional defense committees a report certifying that the 
proposed interceptor to be deployed as part of such missile defense 
system has demonstrated, through successful, operationally realistic 
flight testing, a high probability of working in an operationally 
effective manner and that such missile defense system has the 
ability to accomplish the mission. 
SEC. 235. AUTHORIZATION OF FUNDS FOR DEVELOPMENT AND 
DEPLOYMENT OF ALTERNATIVE MISSILE DEFENSE SYS-
TEMS IN EUROPE. 
(a) AUTHORIZATION OF FUNDS FOR ALTERNATIVE EUROPEAN MIS-
SILE DEFENSE SYSTEMS.—Of the funds authorized to be appro-
priated or otherwise made available for fiscal years 2009 and 2010 
for the Missile Defense Agency for the purpose of developing missile 
defenses in Europe, $309,000,000 shall be available for research, 
development, test, and evaluation, procurement, or deployment of 
alternative missile defense systems or their subsystems designed 
to protect Europe, and the United States in the case of long- 
range missile threats, from the threats posed by current and future 
Iranian ballistic missiles of all ranges, if the Secretary of Defense 
submits to the congressional defense committees a report certifying 
that such systems are expected to be— 
(1) consistent with the direction from the North Atlantic 
Council to address ballistic missile threats to Europe and the
H. R. 2647—46 
United States in a prioritized manner that includes consider-
ation of the imminence of the threat and the level of acceptable 
risk; 
(2) operationally-effective and cost-effective in providing 
protection for Europe, and the United States in the case of 
long-range missile threats, against current and future Iranian 
ballistic missile threats; and 
(3) interoperable, to the extent practical, with other compo-
nents of missile defense and complementary to the missile 
defense strategy of the North Atlantic Treaty Organization. 
(b) CONSTRUCTION.—Except as provided in subsection (a), 
nothing in this section shall be construed as limiting or preventing 
the Secretary of Defense from pursuing the development or deploy-
ment of operationally-effective and cost-effective ballistic missile 
defense systems in Europe. 
(c) INDEPENDENT ASSESSMENT.— 
(1) IN GENERAL.—Not later than 60 days after the date 
of the enactment of this Act, the Secretary of Defense shall 
enter into a contract with a federally funded research and 
development center to conduct an independent assessment 
evaluating the operational-effectiveness and cost-effectiveness 
of the alternative missile defense architecture announced by 
the President on September 17, 2009. 
(2) REPORT.—Not later than June 1, 2010, the Secretary 
shall submit to the congressional defense committees a report 
on the independent assessment conducted under paragraph 
(1). 
SEC. 236. COMPREHENSIVE PLAN FOR TEST AND EVALUATION OF THE 
BALLISTIC MISSILE DEFENSE SYSTEM. 
(a) PLAN REQUIRED.— 
(1) IN GENERAL.—The Secretary of Defense shall establish 
a comprehensive plan for the developmental and operational 
testing and evaluation of the ballistic missile defense system 
and its various elements. 
(2) PERIOD OF PLAN.—The plan shall cover the period cov-
ered by the future-years defense program that is submitted 
to Congress under section 221 of title 10, United States Code, 
at or about the same time as the submittal to Congress of 
the budget of the President for fiscal year 2011. 
(3) INPUT.—In establishing the plan, the Secretary shall 
receive input on matters covered by the plan from the following: 
(A) The Director of the Missile Defense Agency. 
(B) The Director of Operational Test and Evaluation. 
(C) The operational test components of the military 
departments. 
(b) ELEMENTS.—The plan required by subsection (a) shall 
include, with respect to developmental and operational testing of 
the ballistic missile defense system, the following: 
(1) Test and evaluation objectives. 
(2) Test and evaluation criteria and metrics. 
(3) Test and evaluation procedures and methodology. 
(4) Data requirements. 
(5) System and element configuration under test. 
(6) Approaches to verification, validation, and accreditation 
of models and simulations.
H. R. 2647—47 
(7) The relative role of models and simulations, ground 
tests, and flight tests in achieving the objectives of the plan. 
(8) Test infrastructure and resources, including test range 
limitations and potential range enhancements. 
(9) Test readiness review approaches and methodology. 
(10) Testing for system and element integration and inter-
operability. 
(11) Means for achieving operational realism and means 
of demonstrating operational effectiveness, suitability, and 
survivability. 
(12) Detailed descriptions of planned tests. 
(13) A description of the resources required to implement 
the plan. 
(c) REPORT.— 
(1) IN GENERAL.—Not later than March 1, 2010, the Sec-
retary shall submit to the congressional defense committees 
a report setting forth and describing the plan required by 
subsection (a) and each of the elements required in the plan 
under subsection (b). 
(2) ADDITIONAL INFORMATION ON GROUND-BASED MIDCOURSE 
DEFENSE.—The report required by this subsection shall, in addi-
tion to the matters specified in paragraph (1), include a detailed 
description of the test and evaluation activities pertaining to 
the Ground-based Midcourse Defense element of the ballistic 
missile defense system as follows: 
(A) Plans for salvo testing. 
(B) Plans for multiple simultaneous engagement 
testing. 
(C) Plans for intercept testing using the Cobra Dane 
radar as the engagement sensor. 
(D) Plans to test and demonstrate the ability of the 
system to accomplish its mission over the planned term 
of its operational service life (also known as ‘‘sustainment 
testing’’). 
(3) FORM.—The report required by this subsection shall 
be submitted in unclassified form, but may include a classified 
annex. 
SEC. 237. STUDY ON DISCRIMINATION CAPABILITIES OF BALLISTIC 
MISSILE DEFENSE SYSTEM. 
(a) STUDY.—The Secretary of Defense shall enter into an 
arrangement with the JASON Defense Advisory Panel under which 
JASON shall carry out a study on the discrimination capabilities 
and limitations of the ballistic missile defense system of the United 
States, including such discrimination capabilities that exist or are 
planned as of the date of the study. 
(b) REPORT.—Not later than one year after the date of the 
enactment of this Act, the Secretary shall submit to the appropriate 
congressional committees a report containing the study. 
(c) FORM.—The report under subsection (b) may be submitted 
in classified form, but shall contain an unclassified summary. 
SEC. 238. ASCENT PHASE MISSILE DEFENSE STRATEGY AND PLAN. 
(a) REPORT.—Not later than 180 days after the date of the 
enactment of this Act, the Secretary of Defense shall submit to 
the congressional defense committees a report containing a strategy 
and plan for ascent phase missile defense.
H. R. 2647—48 
(b) MATTERS INCLUDED.—The report required by subsection 
(a) shall include each of the following: 
(1) A description of the programs and activities, as of 
the date of the submission of the report, contained in the 
program of record of the Missile Defense Agency that provide 
or are planned to provide a capability to intercept ballistic 
missiles in their ascent phase. 
(2) A description of the capabilities that are needed to 
accomplish the intercept of ballistic missiles in their ascent 
phase, including— 
(A) the key technologies and associated technology 
readiness levels, plans for maturing such technologies, and 
any technology demonstrations for such capabilities; 
(B) concepts of operation for how ascent phase capabili-
ties would be employed, including the dependence of such 
capabilities on, and integration with, other functions, 
capabilities, and information, including those provided by 
other elements of the ballistic missile defense system; 
(C) the criteria to be used to assess the technical 
progress, suitability, and effectiveness of such capabilities; 
(D) a comprehensive plan for development of and 
investment in such capabilities, including an identification 
of specific program and technology investments to be made 
in such capabilities; 
(E) a description of how, and to what extent, ascent 
phase missile defense can leverage the capabilities and 
investments made in boost phase, midcourse, and any other 
layer or elements of the ballistic missile defense system; 
(F) a description of the benefits and limitations associ-
ated with ascent phase missile defense; and 
(G) any other information the Secretary determines 
necessary. 
(c) FORM.—The report required by subsection (a) shall be sub-
mitted in unclassified form, but may include a classified annex. 
SEC. 239. EXTENSION OF DEADLINE FOR STUDY ON BOOST-PHASE MIS-
SILE DEFENSE. 
Section 232(c)(1) of the Duncan Hunter National Defense 
Authorization Act for Fiscal Year 2009 (Public Law 110–417; 122 
Stat. 4392) is amended by striking ‘‘October 31, 2010’’ and inserting 
‘‘March 1, 2011’’. 
Subtitle D—Reports 
SEC. 
241. 
REPEAL 
OF 
REQUIREMENT 
FOR 
BIENNIAL 
JOINT 
WARFIGHTING SCIENCE AND TECHNOLOGY PLAN. 
Section 270 of the National Defense Authorization Act for Fiscal 
Year 1997 (10 U.S.C. 2501 note) is repealed. 
SEC. 242. MODIFICATION OF REPORTING REQUIREMENT FOR DEFENSE 
NANOTECHNOLOGY RESEARCH AND DEVELOPMENT PRO-
GRAM. 
Section 246 of the Bob Stump National Defense Authorization 
Act for Fiscal Year 2003 (Public Law 107–314; 10 U.S.C. 2358 
note) is amended by striking subsection (e) and inserting the fol-
lowing new subsection (e):
H. R. 2647—49 
‘‘(e) REPORTS.—The Under Secretary of Defense for Acquisition, 
Technology, and Logistics shall submit to the National Science 
and Technology Council information on the program that covers 
the information described in paragraphs (1) through (5) of section 
2(d) of the 21st Century Nanotechnology Research and Development 
Act (15 U.S.C. 7501(d)) to be included in the annual report sub-
mitted by the Council under that section.’’. 
SEC. 243. COMPTROLLER GENERAL ASSESSMENT OF COORDINATION 
OF ENERGY STORAGE DEVICE REQUIREMENTS, PUR-
CHASES, AND INVESTMENTS. 
(a) ASSESSMENT REQUIRED.—The Comptroller General shall 
conduct an assessment of the degree to which requirements, tech-
nology goals, and research and procurement investments in energy 
storage technologies are coordinated within and among the military 
departments, appropriate Defense Agencies, and other elements 
of the Department of Defense. In carrying out such assessment, 
the Comptroller General shall— 
(1) assess the expenses incurred by the Department of 
Defense in the research, development, testing, evaluation, and 
procurement of energy storage devices; 
(2) compare quantities of types of devices in use or under 
development that rely on commercial energy storage tech-
nologies and that use military-unique, proprietary, or specialty 
devices; 
(3) assess the process by which a determination is made 
by an acquisition official of the Department of Defense to pursue 
a commercially available or custom-made energy storage device; 
(4) assess the process used to develop requirements for 
the development and procurement of energy storage devices; 
(5) assess the coordination of the activities of the Depart-
ment of Defense and the Department of Energy with respect 
to the research, development, procurement, and use of energy 
storage devices; 
(6) assess the coordination of Department of Defense-wide 
activities in energy storage device research, development, 
procurement, and use; 
(7) assess the process used to standardize the form, fit, 
and function of energy storage devices, and make recommenda-
tions with respect to how the Department should improve that 
process; and 
(8) assess whether there are commercial advances in port-
able power technology, including hybrid systems, fuel cells, 
and electrochemical capacitors, or other relevant technologies, 
that could be better leveraged by the Department. 
(b) REPORT.—Not later than December 31, 2010, the Comp-
troller General shall submit to the Committees on Armed Services 
of the Senate and House of Representatives a report on the findings 
and recommendations of the Comptroller General with respect to 
the assessment conducted under subsection (a). 
(c) COORDINATION.—In carrying out subsection (a), the Comp-
troller General shall coordinate with the Secretary of Energy and 
the heads of other appropriate Federal agencies. 
SEC. 244. ANNUAL COMPTROLLER GENERAL REPORT ON THE F–35 
LIGHTNING II AIRCRAFT ACQUISITION PROGRAM. 
(a) ANNUAL GAO REVIEW.—The Comptroller General shall con-
duct an annual review of the F–35 Lightning II aircraft acquisition
H. R. 2647—50 
program and shall, not later than March 15 of each of 2010 through 
2015, submit to the congressional defense committees a report 
on the results of the most recent review. 
(b) MATTERS TO BE INCLUDED.—Each report on the F–35 pro-
gram under subsection (a) shall include each of the following: 
(1) The extent to which the acquisition program is meeting 
development and procurement cost, schedule, and performance 
goals. 
(2) The progress and results of developmental and oper-
ational testing and plans for correcting deficiencies in aircraft 
performance, operational effectiveness, and suitability. 
(3) Aircraft procurement plans, production results, and 
efforts to improve manufacturing efficiency and supplier 
performance. 
SEC. 245. 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 11815F for advanced strategic programs, not more 
than 50 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 Authorization Act 
for 2004 (Public Law 108–136; 117 Stat. 1576), including the ele-
ments of the report described in subparagraphs (D), (E), and (F) 
of such section 923(d)(1). 
SEC. 246. REPORT ON FUTURE RESEARCH AND DEVELOPMENT OF 
MAN-PORTABLE AND VEHICLE-MOUNTED GUIDED MISSILE 
SYSTEMS. 
(a) REPORT.—Not later than February 15, 2010, the Secretary 
of the Army shall submit to Congress a report on future research 
and development of man-portable and vehicle-mounted guided mis-
sile systems to replace the current Javelin and TOW systems. 
Such report shall include— 
(1) an examination of current requirements for anti-armor 
missile systems; 
(2) an analysis of battlefield uses other than anti-armor; 
(3) an analysis of changes required to the current Javelin 
and TOW systems to maximize effectiveness and lethality in 
situations other than anti-armor; 
(4) an analysis of the current family of Javelin and TOW 
warheads and a specific description of 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 systems 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, integration 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
H. R. 2647—51 
(8) an analysis of the ability of the industrial base to 
support development and production of current and future Jav-
elin 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 tech-
nology (program element 0603313A), not more than 70 percent 
may be obligated or expended until the Secretary of the Army 
submits the report required by subsection (a). 
SEC. 247. REPORT ON THE DEVELOPMENT OF COMMAND AND CON-
TROL SYSTEMS. 
(a) REPORT REQUIRED.—Not later than July 1, 2010, the Sec-
retary of Defense shall submit to the congressional defense commit-
tees a report detailing the plans for the consolidation of the Net- 
Enabled Command Capability system (hereinafter in this section 
referred to as the ‘‘NECC system’’) with the Global Command 
and Control System family of systems (hereinafter in this section 
referred to as the ‘‘GCCS family of systems’’). 
(b) ELEMENTS.—The report required by subsection (a) shall 
include each of the following: 
(1) A description of the level of investment needed to 
develop, sustain, and modernize the GCCS family of systems 
in order to meet military requirements. 
(2) A description of the actions needed to convert the GCCS 
family of systems to a services-oriented architecture, including 
a timeline and milestones. 
(3) An identification of the components, including modules 
and other technologies, developed under the NECC systems 
that can be implemented in the GCCS family of systems. 
(4) An identification of gaps in required capabilities not 
resident in the GCCS family of systems or provided by the 
NECC system. 
(5) An identification of any science and technology efforts 
or developing commercial capabilities that might address capa-
bility gaps identified pursuant to paragraph (4). 
(6) A description of the developmental and operational test 
plans for the GCCS family of systems, and resources pro-
grammed to support such plans. 
(7) A description of the GCCS family of systems manage-
ment and governance plan structure, including— 
(A) organizations involved in program planning and 
execution; 
(B) the delegation of authorities for programmatic and 
technical issues in the development of the GCCS family 
of systems, including architecture design and control, and 
funding; and 
(C) the role of the command and control capabilities 
portfolio manager and the Office of Secretary of Defense 
oversight agencies. 
(8) Such other elements as the Secretary of Defense con-
siders appropriate. 
(c) COORDINATION.—The report required by subsection (a) shall 
be developed jointly by the Vice-Chairman of the Joint Chiefs of 
Staff, the Secretaries of the military departments, the Under Sec-
retary of Defense for Acquisition, Technology, and Logistics, the 
Assistant Secretary of Defense for Networks and Information
H. R. 2647—52 
Integration, the commander of the United States Joint Forces Com-
mand, the Director of Operational Test and Evaluation, and the 
Director of the Defense Information Systems Agency. 
(d) INTERIM REPORT.—Not later than March 1, 2010, the Sec-
retary of Defense shall submit to the congressional defense commit-
tees an interim report on the activities carried out to prepare 
the report required by subsection (a) and the preliminary findings 
and recommendations of the Secretary with respect to the plans 
for the consolidation of the NECC system with the GCCS family 
of systems based on such activities. 
(e) FORM.—The report required by subsection (a) shall be sub-
mitted in unclassified form, but may include a classified annex. 
SEC. 248. EVALUATION OF EXTENDED RANGE MODULAR SNIPER RIFLE 
SYSTEMS. 
(a) IN GENERAL.—Not later than March 31, 2010, the Assistant 
Secretary of the Army for Acquisition, Logistics, and Technology 
shall conduct a comparative evaluation of extended range modular 
sniper rifle systems, including .300 Winchester Magnum, .338 
Lapua Magnum, and other calibers. The evaluation shall identify 
and demonstrate an integrated suite of technologies with capabili-
ties that include— 
(1) extending the effective range of snipers; 
(2) meeting service or unit requirements or operational 
need statements; or 
(3) closing documented capability gaps. 
(b) REPORT.—Not later than April 30, 2010, the Assistant Sec-
retary of the Army for Acquisition, Logistics, and Technology shall 
submit to the Committee on Armed Services of the Senate and 
the Committee on Armed Services of the House of Representatives 
a report containing the results of the evaluation required by sub-
section (a), including— 
(1) detailed ballistics and system performance data; and 
(2) an assessment of the operational capabilities of extended 
range modular sniper rifle systems to meet service or unit 
requirements or operational need statements or close docu-
mented capabilities gaps. 
Subtitle E—Other Matters 
SEC. 251. ENHANCEMENT OF DUTIES OF DIRECTOR OF DEPARTMENT 
OF DEFENSE TEST RESOURCE MANAGEMENT CENTER 
WITH RESPECT TO THE MAJOR RANGE AND TEST FACILITY 
BASE. 
(a) AUTHORITY
TO
REVIEW
PROPOSALS
FOR
SIGNIFICANT 
CHANGES.—Section 196(c) of title 10, United States Code, is 
amended— 
(1) in paragraph (1), by redesignating subparagraphs (A) 
and (B) as clauses (i) and (ii), respectively; 
(2) by redesignating paragraphs (1) through (4) as subpara-
graphs (A) through (D), respectively; 
(3) by inserting ‘‘(1)’’ before ‘‘The Director’’; 
(4) by redesignating subparagraphs (B), (C), and (D), as 
so redesignated, as subparagraphs (C), (D), and (E), respec-
tively; and
H. R. 2647—53 
(5) by inserting after subparagraph (A), as so redesignated, 
the following new subparagraph (B): 
‘‘(B) To review proposed significant changes to the test 
and evaluation facilities and resources of the Major Range 
and Test Facility Base before they are implemented by the 
Secretaries of the military departments or the heads of the 
Defense Agencies with test and evaluation responsibilities and 
advise the Secretary of Defense and the Under Secretary of 
Acquisition, Technology, and Logistics of the impact of such 
changes on the adequacy of such test and evaluation facilities 
and resources to meet the test and evaluation requirements 
of the Department.’’. 
(b) ACCESS TO RECORDS AND DATA.—Such section is further 
amended by adding at the end the following new paragraph: 
‘‘(2) The Director shall have access to such records and data 
of the Department of Defense (including the appropriate records 
and data of each military department and Defense Agency) that 
are necessary in order to carry out the duties of the Director 
under this section.’’. 
SEC. 252. ESTABLISHMENT OF PROGRAM TO ENHANCE PARTICIPATION 
OF HISTORICALLY BLACK COLLEGES AND UNIVERSITIES 
AND 
MINORITY-SERVING 
INSTITUTIONS 
IN 
DEFENSE 
RESEARCH PROGRAMS. 
(a) PROGRAM ESTABLISHED.—Chapter 139 of title 10, United 
States Code, is amended by inserting after section 2361 the fol-
lowing new section: 
‘‘§ 2362. Research and educational programs and activities: 
historically black colleges and universities and 
minority-serving institutions 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 department, shall carry out a program 
to provide assistance to covered educational institutions to assist 
the Department in defense-related research, development, testing, 
and evaluation activities. 
‘‘(b) PROGRAM OBJECTIVE.—The objective of the program estab-
lished under subsection (a) is to enhance defense-related research 
and education at covered educational institutions. Such objective 
shall be accomplished through initiatives designed to— 
‘‘(1) enhance the research and educational capabilities of 
such institutions in areas of importance to national defense, 
as determined by the Secretary; 
‘‘(2) encourage the participation of such institutions in the 
research, development, testing, and evaluation programs and 
activities of the Department of Defense; 
‘‘(3) increase the number of graduates from such institu-
tions engaged in disciplines important to the national security 
functions of the Department of Defense, as determined by the 
Secretary; and 
‘‘(4) encourage research and educational collaborations 
between such institutions and other institutions of higher edu-
cation, Government defense organizations, and the defense 
industry.
H. R. 2647—54 
‘‘(c) ASSISTANCE PROVIDED.—Under the program established by 
subsection (a), the Secretary of Defense may provide covered edu-
cational institutions with funding or technical assistance, including 
any of the following: 
‘‘(1) Support for research, development, testing, evaluation, 
or educational enhancements in areas important to national 
defense through the competitive awarding of grants, cooperative 
agreements, contracts, scholarships, fellowships, or the acquisi-
tion of research equipment or instrumentation. 
‘‘(2) Support to assist in the attraction and retention of 
faculty in scientific disciplines important to the national secu-
rity functions of the Department of Defense. 
‘‘(3) Establishing partnerships between such institutions 
and defense laboratories, Government defense organizations, 
the defense industry, and other institutions of higher education 
in research, development, testing, and evaluation in areas 
important to the national security functions of the Department 
of Defense. 
‘‘(4) Other such non-monetary assistance as the Secretary 
finds appropriate to enhance defense-related research, develop-
ment, testing, and evaluation activities at such institutions. 
‘‘(d) PRIORITY FOR FUNDING.—The Secretary of Defense may 
establish procedures under which the Secretary may give priority 
in providing funding under this section to institutions that have 
not otherwise received a significant amount of funding from the 
Department of Defense for research, development, testing, and 
evaluation programs supporting the national security functions of 
the Department. 
‘‘(e) DEFINITION OF COVERED EDUCATIONAL INSTITUTION.—In 
this section the term ‘covered educational institution’ means— 
‘‘(1) an institution of higher education eligible for assistance 
under title III or IV of the Higher Education Act of 1965 
(20 U.S.C. 1051 et seq.); or 
‘‘(2) an accredited postsecondary minority institution.’’. 
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning 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 colleges 
and universities and minority-serving institutions of higher education.’’. 
SEC. 253. EXTENSION OF AUTHORITY TO AWARD PRIZES FOR 
ADVANCED TECHNOLOGY ACHIEVEMENTS. 
Subsection (f) of section 2374a of title 10, United States Code, 
is amended by striking ‘‘September 30, 2010’’ and inserting ‘‘Sep-
tember 30, 2013’’. 
SEC. 254. AUTHORITY FOR NATIONAL AERONAUTICS AND SPACE 
ADMINISTRATION FEDERALLY FUNDED RESEARCH AND 
DEVELOPMENT CENTERS TO PARTICIPATE IN MERIT- 
BASED TECHNOLOGY RESEARCH AND DEVELOPMENT PRO-
GRAMS. 
Section 217(f)(1) of the National Defense Authorization Act 
for Fiscal Year 1995 (Public Law 103–337; 108 Stat 2695), as 
amended by section 3136 of the National Defense Authorization 
Act for Fiscal Year 1999 (Public Law 105–261), is amended—
H. R. 2647—55 
(1) in subparagraph (A) by inserting ‘‘, of the National 
Aeronautics and Space Administration,’’ after ‘‘the Department 
of Defense’’; and 
(2) by adding at the end the following new subparagraph 
(C): 
‘‘(C) A federally funded research and development center of 
the National Aeronautics and Space Administration that functions 
primarily as a research laboratory may respond to broad agency 
announcements under programs authorized by the Federal Govern-
ment for the purpose of promoting the research, development, dem-
onstration, or transfer of technology in a manner consistent with 
the terms and conditions of such program.’’. 
SEC. 255. NEXT GENERATION BOMBER AIRCRAFT. 
(a) FINDINGS.—Congress makes the following findings: 
(1) Long-range strike is a critical mission in which the 
United States needs to retain a credible and dominant capa-
bility. 
(2) Long range, penetrating strike systems provide— 
(A) a hedge against being unable to obtain access to 
forward bases for political reasons; 
(B) a capacity to respond quickly to contingencies; 
(C) the ability to base outside the reach of emerging 
adversary anti-access and area-denial capabilities; and 
(D) the ability to impose disproportionate defensive 
costs on prospective adversaries of the United States. 
(3) The 2006 quadrennial defense review found that there 
was a requirement for a next generation bomber aircraft and 
directed the United States Air Force to ‘‘develop a new land- 
based, penetrating long range strike capability to be fielded 
by 2018’’. 
(4) On April 6, 2009, Secretary of Defense Robert Gates 
announced that the United States ‘‘will not pursue a develop-
ment program for a follow-on Air Force bomber until we have 
a better understanding of the need, the requirement and the 
technology’’. 
(5) On May 7, 2009, President Barack Obama announced 
the termination of the next generation bomber aircraft program 
in the document of the Office of Management and Budget 
entitled ‘‘Terminations, Reductions, and Savings’’, stating that 
‘‘there is no urgent need to begin an expensive development 
program for a new bomber’’ and that ‘‘the future bomber fleet 
may not be affordable over the next six years’’. 
(6) The United States will need a new long-range strike 
capability because the conflicts of the future will likely feature 
heavily defended airspace, due in large part to the proliferation 
of relatively inexpensive, but sophisticated and deadly, air 
defense systems. 
(7) General Michael Maples, the Director of the Defense 
Intelligence Agency, noted during a March 10, 2009, hearing 
of the Committee on Armed Services of the Senate on worldwide 
threats that ‘‘Russia, quite frankly, is the developer of most 
of those [advanced air defense] systems and is exporting those 
systems both to China and to other countries in the world’’. 
(8) The Final Report of the Congressional Commission on 
the Strategic Posture of the United States, submitted to Con-
gress on May 6, 2009, states that ‘‘[t]he bomber force is valuable
H. R. 2647—56 
particularly for extending deterrence in time of crisis, as their 
deployment is visible and signals U.S. commitment. Bombers 
also impose a significant cost burden on potential adversaries 
in terms of the need to invest in advanced air defenses’’. 
(9) The commanders of the United States Pacific Command, 
the United States Strategic Command, and the United States 
Joint Forces Command have each testified before the Com-
mittee on Armed Services of the Senate in support of the 
capability that the next generation bomber aircraft would pro-
vide. 
(10) On June 17, 2009, General James Cartwright, Vice- 
Chairman of the Joint Chiefs of Staff and chair of the Joint 
Requirements Oversight Council, stated during a hearing before 
the Committee on Armed Services of the Senate that ‘‘the 
nation needs a new bomber’’. 
(11) Nearly half of the United States bomber aircraft inven-
tory (47 percent) pre-dates the Cuban Missile Crisis. 
(12) The only air-breathing strike platforms the United 
States possesses today with reach and survivability to have 
a chance of successfully executing missions more than 1,000 
nautical miles into enemy territory from the last air-to-air 
refueling are 16 combat ready B-2 bomber aircraft. 
(13) The B-2 bomber aircraft was designed in the 1980s 
and achieved initial operational capability over a decade ago. 
(14) The crash of an operational B-2 bomber aircraft during 
takeoff at Guam in early 2008 indicates that attrition can 
and does occur even in peacetime. 
(15) The primary mission requirement of the next genera-
tion bomber aircraft is the ability to strike targets anywhere 
on the globe with whatever weapons the contingency requires. 
(16) The requisite aerodynamic, structural, and low-observ-
able technologies to develop the next generation bomber aircraft 
already exist in fifth-generation fighter aircraft. 
(b) POLICY ON CONTINUED DEVELOPMENT OF NEXT GENERATION 
BOMBER AIRCRAFT IN FISCAL YEAR 2010.—It is the policy of the 
United States to support a development program for next generation 
bomber aircraft technologies. 
TITLE III—OPERATION AND 
MAINTENANCE 
Subtitle A—Authorization of Appropriations 
Sec. 301. Operation and maintenance funding. 
Sec. 302. Relation to funding table. 
Subtitle B—Environmental Provisions 
Sec. 311. Clarification of requirement for use of available funds for Department of 
Defense participation in conservation banking programs. 
Sec. 312. Reauthorization of title I of Sikes Act. 
Sec. 313. Authority of Secretary of a military department to enter into interagency 
agreements for land management on Department of Defense installa-
tions. 
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. 
Sec. 316. Procurement and use of munitions. 
Sec. 317. Prohibition on disposing of waste in open-air burn pits.
H. R. 2647—57 
Sec. 318. Military munitions response sites. 
Subtitle C—Workplace and Depot Issues 
Sec. 321. Public-private competition required before conversion of any Department 
of Defense function performed by civilian employees to contractor per-
formance. 
Sec. 322. Time limitation on duration of public-private competitions. 
Sec. 323. Policy regarding installation of major modifications and upgrades. 
Sec. 324. Modification of authority for Army industrial facilities to engage in coop-
erative activities with non-Army entities. 
Sec. 325. Temporary suspension of public-private competitions for conversion of De-
partment of Defense functions to performance by a contractor. 
Sec. 326. Requirement for debriefings related to conversion of functions from per-
formance by Federal employees to performance by a contractor. 
Sec. 327. Amendments to bid protest procedures by Federal employees and agency 
officials in conversions of functions from performance by Federal em-
ployees to performance by a contractor. 
Sec. 328. Improvement of inventory management practices. 
Sec. 329. Modification of date for submittal to Congress of annual report on funding 
for public and private performance of depot-level maintenance and re-
pair workloads. 
Subtitle D—Energy Security 
Sec. 331. Authorization of appropriations for Director of Operational Energy. 
Sec. 332. Extension and expansion of reporting requirements regarding Depart-
ment of Defense energy efficiency programs. 
Sec. 333. Report on implementation of Comptroller General recommendations on 
fuel demand management at forward-deployed locations. 
Sec. 334. Report on use of renewable fuels to meet energy requirements of Depart-
ment of Defense. 
Sec. 335. Energy security on Department of Defense installations. 
Subtitle E—Reports 
Sec. 341. Annual report on procurement of military working dogs. 
Sec. 342. Plan for managing vegetative encroachment at training ranges. 
Sec. 343. Comptroller General report on the sustainment strategy for the AV-8B 
Harrier aircraft. 
Sec. 344. Study on Army modularity. 
Subtitle F—Other Matters 
Sec. 351. Authority for airlift transportation at Department of Defense rates for 
non-Department of Defense Federal cargoes. 
Sec. 352. Policy on ground combat and camouflage utility uniforms. 
Sec. 353. Condition-based maintenance demonstration programs. 
Sec. 354. Extension of arsenal support program initiative. 
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, $31,263,332,000. 
(2) For the Navy, $35,041,274,000. 
(3) For the Marine Corps, $5,543,223,000. 
(4) For the Air Force, $34,527,149,000. 
(5) For Defense-wide activities, $28,327,396,000. 
(6) For the Army Reserve, $2,620,196,000. 
(7) For the Naval Reserve, $1,278,501,000. 
(8) For the Marine Corps Reserve, $228,925,000. 
(9) For the Air Force Reserve, $3,079,228,000. 
(10) For the Army National Guard, $6,262,184,000.
H. R. 2647—58 
(11) For the Air National Guard, $5,885,761,000. 
(12) For the United States Court of Appeals for the Armed 
Forces, $13,932,000. 
(13) For the Acquisition Development Workforce 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, 
$11,000,000. 
(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 
programs, 
$424,093,000. 
SEC. 302. RELATION TO FUNDING TABLE. 
The amounts authorized to be appropriated by section 301 
shall be available, in accordance with the requirements of section 
4001, for projects, programs, and activities, and in the amounts, 
specified in the funding table in section 4301. 
Subtitle B—Environmental Provisions 
SEC. 311. CLARIFICATION OF REQUIREMENT FOR USE OF AVAILABLE 
FUNDS FOR DEPARTMENT OF DEFENSE 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 subsection (e); and 
(3) by inserting after subsection (c) the following new sub-
section (d): 
‘‘(d) SOURCE OF FUNDS.—Amounts available from any of the 
following shall be available for activities under this section: 
‘‘(1) Operation and maintenance. 
‘‘(2) Military construction. 
‘‘(3) Research, development, test, and evaluation. 
‘‘(4) The Support for United States Relocation to Guam 
Account established under section 2824 of the Military 
Construction Act for Fiscal Year 2009 (division B of 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 2009 through 
2014’’. 
(b) CLARIFICATION OF AUTHORIZATIONS.—Such section is further 
amended— 
(1) in subsection (b), by striking ‘‘There are authorized’’ 
and inserting ‘‘Of the amounts authorized to be appropriated 
to the Department of Defense, there are authorized’’; and 
(2) in subsection (c), by striking ‘‘There are authorized’’ 
and inserting ‘‘Of the amounts authorized to be appropriated 
to the Department of the Interior, there are authorized’’.
H. R. 2647—59 
SEC. 313. AUTHORITY OF SECRETARY OF A MILITARY DEPARTMENT 
TO ENTER INTO INTERAGENCY AGREEMENTS FOR LAND 
MANAGEMENT ON DEPARTMENT OF DEFENSE INSTALLA-
TIONS. 
(a) AUTHORITY.—Section 103a of the Sikes Act (16 U.S.C. 670c– 
1) is amended— 
(1) in subsection (a)— 
(A) by inserting after ‘‘and individuals’’ the following: 
‘‘, and into interagency agreements with the heads of other 
Federal departments and agencies,’’; and 
(B) in paragraph (2), by inserting ‘‘or interagency agree-
ment’’ after ‘‘cooperative agreement’’; 
(2) in subsection (b), by inserting ‘‘or interagency agree-
ment’’ after ‘‘cooperative agreement’’; and 
(3) in subsection (c), by inserting ‘‘and interagency agree-
ments’’ after ‘‘Cooperative agreements’’. 
(b) CLERICAL AMENDMENTS.—The heading for such section is 
amended by inserting ‘‘AND INTERAGENCY’’ after ‘‘COOPERATIVE’’. 
SEC. 314. REAUTHORIZATION OF PILOT PROGRAM FOR INVASIVE SPE-
CIES MANAGEMENT FOR MILITARY 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 2009 through 2014’’. 
SEC. 
315. 
REIMBURSEMENT 
OF 
ENVIRONMENTAL 
PROTECTION 
AGENCY FOR CERTAIN COSTS IN CONNECTION WITH THE 
FORMER NANSEMOND ORDNANCE DEPOT SITE, SUFFOLK, 
VIRGINIA. 
(a) AUTHORITY TO REIMBURSE.— 
(1) TRANSFER
AMOUNT.—Using funds described in sub-
section (b) and notwithstanding section 2215 of title 10, United 
States Code, the Secretary 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 payment under 
paragraph (1) is final payment to reimburse 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 Program for ord-
nance and explosive safety hazards at the Former Nansemond 
Ordnance Depot Site, Suffolk, Virginia. 
(3) 
INTERAGENCY
AGREEMENT.—The 
reimbursement 
described in paragraph (2) is provided for in an interagency 
agreement entered into by the Department of the Army and 
the 
Environmental 
Protection 
Agency 
for 
the 
Former 
Nansemond Ordnance Depot Site in December 1999. 
(b) SOURCE OF FUNDS.—Any payment under subsection (a) shall 
be made using funds authorized to be appropriated by section 
301(18) of this Act for operation and maintenance for Environmental 
Restoration, Formerly 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.
H. R. 2647—60 
SEC. 316. PROCUREMENT AND USE OF MUNITIONS. 
The Secretary of Defense shall— 
(1) in making decisions with respect to the procurement 
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 impeding military readiness; and 
(3) not later than 180 days after the date of the enactment 
of this Act, submit to Congress a report on the methods devel-
oped pursuant to this section and the progress of the live- 
fire review and recommendations for reducing the life-cycle 
costs of munitions, unexploded ordnance, and munitions-con-
stituent contamination. 
SEC. 317. PROHIBITION ON DISPOSING OF WASTE IN OPEN-AIR BURN 
PITS. 
(a) REGULATIONS.— 
(1) IN GENERAL.—Not later than 120 days after the date 
of the enactment of this Act, the Secretary of Defense shall 
prescribe regulations prohibiting the disposal of covered waste 
in open-air burn pits during contingency operations except in 
circumstances in which the Secretary determines that no alter-
native disposal method is feasible. Such regulations shall apply 
to contingency operations that are ongoing as of the date of 
the enactment of this Act, including Operation Iraqi Freedom 
and Operation Enduring Freedom, and to contingency oper-
ations that begin after the date of the enactment of this Act. 
(2) NOTIFICATION.—In determining that no alternative dis-
posal method is feasible for an open-air burn pit pursuant 
to regulations prescribed under paragraph (1), the Secretary 
shall— 
(A) not later than 30 days after such determination 
is made, submit to the Committees on Armed Services 
of the Senate and House of Representatives notice of such 
determination, including the circumstances, reasoning, and 
methodology that led to such determination; and 
(B) after notice is given under subparagraph (A), for 
each subsequent 180-day-period during which covered 
waste is disposed of in the open-air burn pit covered by 
such notice, submit to the Committees on Armed Services 
of the Senate and House of Representatives the justifica-
tions of the Secretary for continuing to operate such open- 
air burn pit. 
(b) REPORT.—Not later than 180 days after the date of the 
enactment of this Act, the Secretary shall submit to the Committees 
on Armed Services of the Senate and House of Representatives 
a report on the use of open-air burn pits by the United States 
Armed Forces. Such report shall include— 
(1) an explanation of the situations and circumstances 
under which open-air burn pits are used to dispose of waste 
during military exercises and operations worldwide; 
(2) a detailed description of the types of waste authorized 
to be burned in open-air burn pits; 
(3) a plan through which the Secretary intends to develop 
and implement alternatives to the use of open-air burn pits;
H. R. 2647—61 
(4) a copy of the regulations required to be prescribed 
by subsection (a); 
(5) the health and environmental compliance standards 
the Secretary has established for military and contractor oper-
ations in Iraq and Afghanistan with regard to solid waste 
disposal, including an assessment of whether those standards 
are being met; 
(6) a description of the environmental, health, and oper-
ational impacts of open-pit burning of plastics and the feasi-
bility of including plastics in the regulations prescribed pursu-
ant to subsection (a); and 
(7) an assessment of the ability of existing medical surveil-
lance programs to identify and track exposures to toxic sub-
stances that result from open-air burn pits, including rec-
ommendations for such changes to such programs as would 
be required to more accurately identify and track such expo-
sures. 
(c) 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) other waste as designated by the Secretary. 
SEC. 318. MILITARY MUNITIONS RESPONSE SITES. 
(a) INFORMATION SHARING.—Section 2710(a)(2)(B) of title 10, 
United States Code, is amended by inserting ‘‘, including the county, 
where applicable,’’ after ‘‘political subdivisions of the State’’. 
(b) MILITARY MUNITIONS RESPONSE PROGRAM AND INSTALLA-
TION RESTORATION PROGRAM.—As part of the annual budget submis-
sion of the Secretary of Defense to Congress, the Secretary shall 
include the funding levels requested for the Military Munitions 
Response Program and the Installation Restoration Program. 
Subtitle C—Workplace and Depot Issues 
SEC. 
321. 
PUBLIC-PRIVATE 
COMPETITION 
REQUIRED 
BEFORE 
CONVERSION OF ANY DEPARTMENT OF DEFENSE FUNC-
TION PERFORMED BY CIVILIAN EMPLOYEES TO CON-
TRACTOR PERFORMANCE. 
(a) REQUIREMENT.—Paragraph (1) of section 2461(a) 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 inserting ‘‘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.
H. R. 2647—62 
SEC. 322. TIME LIMITATION ON DURATION OF PUBLIC-PRIVATE COM-
PETITIONS. 
(a) TIME LIMITATION.—Section 2461(a) of title 10, United States 
Code, as amended by section 321, is further amended by adding 
at the end the following new paragraph: 
‘‘(5)(A) Except as provided in subparagraph (B), 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 function of the Department of Defense performed 
by Department of Defense civilian employees may not exceed a 
period of 24 months, commencing on the date on which the prelimi-
nary planning for the public-private competition begins and ending 
on the date on which a performance decision is rendered with 
respect to the function. 
‘‘(B)(i) The Secretary of Defense may specify an alternative 
period of time for a public-private competition, which may not 
exceed 33 months, if the Secretary— 
‘‘(I) determines that the competition is of such complexity 
that it cannot be completed within 24 months; and 
‘‘(II) submits to Congress, as part of the formal congres-
sional notification of a public-private competition pursuant to 
subsection (c), written notification that explains the basis of 
such determination. 
‘‘(ii) The notification under clause (i)(II) shall also address each 
of the following: 
‘‘(I) Any efforts of the Secretary to break up the study 
geographically or functionally. 
‘‘(II) The Secretary’s justification for undertaking a public- 
private competition instead of using internal reengineering 
alternatives. 
‘‘(III) The cost savings that the Secretary expects to achieve 
as a result of the public-private competition. 
‘‘(iii) If the Secretary specifies an alternative time period under 
this subparagraph, the alternative time period shall be binding 
on the Department in the same manner and to the same extent 
as the limitation provided in subparagraph (A). 
‘‘(C) 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 the filing of 
a protest before the Government Accountability Office or a com-
plaint in the United States Court of Federal Claims up until the 
day the decision or recommendation of either authority becomes 
final. In the case of a protest before the Government Accountability 
Office, the recommendation becomes final after the period of time 
for filing a request for reconsideration, or if a request for reconsider-
ation is filed, on the day the Government Accountability Office 
issues a decision on the reconsideration. 
‘‘(D) If a protest with respect to a public-private competition 
before the Government Accountability Office or the United States 
Court of Federal Claims is sustained, and the recommendation 
is final as described in subparagraph (C), and if such protest and 
recommendation result in an unforeseen delay in implementing 
a final performance decision, the Secretary of Defense may termi-
nate the public-private competition or extend the period of time 
specified for the public-private competition under subparagraph 
(A) or subparagraph (B). If the Secretary decides not to terminate 
a competition, the Secretary shall submit to Congress written notice
H. R. 2647—63 
of such decision. Any such notification shall include a justification 
for the Secretary’s decision and a new time limitation for the 
competition, which shall not exceed 12 months from the final deci-
sion and shall be binding on the Department. 
‘‘(E) For the purposes of this paragraph, preliminary planning 
with respect to a public-private competition, begins on the date 
on which the Department of Defense obligates funds for the acquisi-
tion of contract support, or formally assigns Department of Defense 
personnel, to carry out any of the following activities: 
‘‘(i) Determining the scope of the competition. 
‘‘(ii) Conducting research to determine the appropriate 
grouping of functions for the competition. 
‘‘(iii) Assessing the availability of workload data, quantifi-
able outputs of functions, and agency or industry performance 
standards applicable to the competition. 
‘‘(iv) Determining the baseline cost of any function for 
which the competition is conducted. 
‘‘(F) To effectively establish the date that is the first day of 
preliminary planning for a public-private competition, the head 
of a military department shall submit to Congress written notice 
of such date and shall provide public notice by announcing such 
date on an appropriate Internet website. Such date is the first 
day of preliminary planning for a public-private competition for 
the purpose of computing the duration of the public private competi-
tion for purposes of this section. 
‘‘(G) The Secretary of Defense shall submit to the congressional 
defense committees an annual report on the use, during the year 
covered by the report, of alternative time periods for public-private 
competitions under this section, and the explanations of the Sec-
retary for such alternative time periods.’’ 
(b) EFFECTIVE DATE.—Paragraph (5) of section 2461(a) of title 
10, United States Code, as added by subsection (a), shall apply 
with respect to a public-private competition covered by such section 
that is initiated on or after the date of the enactment of this 
Act. 
(c) COMPTROLLER GENERAL REVIEWS.—Not later than two years 
after the date of the enactment of this Act, and three years there-
after, the Comptroller General shall submit to the congressional 
defense committees a report on the use by the Secretary of Defense 
of the alternative time period authority under section 2461(a)(5)(B) 
of title 10, United States Code, and the appropriateness and 
thoroughness of the explanations of the Secretary for such use. 
SEC. 323. POLICY REGARDING INSTALLATION OF MAJOR MODIFICA-
TIONS AND UPGRADES. 
It is the Sense of Congress that no changes should be made 
to— 
(1) the policy of the Department of Defense that in the 
annual allocation of depot-level maintenance and repair 
required under section 2466 of title 10, United States Code, 
the installation of major modifications and upgrades are consid-
ered to be part of the definition of depot-level maintenance; 
and 
(2) the interpretation and application of that policy as 
of the date of the enactment of this Act.
H. R. 2647—64 
SEC. 324. MODIFICATION OF AUTHORITY FOR ARMY INDUSTRIAL 
FACILITIES TO ENGAGE IN COOPERATIVE ACTIVITIES 
WITH NON-ARMY ENTITIES. 
(a) CLARIFICATION OF AUTHORITY TO ENTER INTO COOPERATIVE 
AGREEMENTS.—The second sentence of section 4544(a) of title 10, 
United States Code, as added by section 328(a)(1) of the National 
Defense Authorization Act for Fiscal Year 2008 (Public Law 110– 
181; 122 Stat. 66), is amended by inserting after ‘‘not more than 
eight contracts or cooperative agreements’’ the following: ‘‘in addi-
tion to the contracts and cooperative agreements in place as of 
the date of the enactment of the National Defense Authorization 
Act for Fiscal Year 2008 (Public Law 110–181)’’. 
(b) ADDITIONAL ELEMENTS REQUIRED FOR ANALYSIS OF USE 
OF
AUTHORITY.—Section 
328(b)(2) 
of 
the 
National 
Defense 
Authorization Act for Fiscal Year 2008 (Public Law 110–181; 122 
Stat. 67) is amended— 
(1) by striking ‘‘a report assessing the advisability’’ and 
inserting the following: ‘‘a report— 
‘‘(A) assessing the advisability’’; and 
(2) by striking ‘‘pursuant to such authority.’’ and inserting 
the following: ‘‘pursuant to such authority; 
‘‘(B) assessing the benefit to the Federal Government 
of using such authority; 
‘‘(C) assessing the impact of the use of such authority 
on the availability of facilities needed by the Army and 
on the private sector; and 
‘‘(D) describing the steps taken to comply with the 
requirements under section 4544(g) of title 10, United 
States Code.’’. 
SEC. 325. TEMPORARY SUSPENSION OF PUBLIC-PRIVATE COMPETI-
TIONS FOR CONVERSION OF DEPARTMENT OF DEFENSE 
FUNCTIONS TO PERFORMANCE BY A CONTRACTOR. 
(a) TEMPORARY SUSPENSION.—During the period beginning on 
the date of the enactment of this Act and ending on the date 
that is 30 days after the date on which the Secretary of Defense 
submits to the congressional defense committees the certification 
required under subsection (d), no study or competition regarding 
a public-private competition for the conversion to performance by 
a contractor for any function performed by Department of Defense 
civilian employees may be begun or announced pursuant to 2461 
of title 10, United States Code, or otherwise pursuant to Office 
of Management and Budget Circular A-76. 
(b) REVIEW
AND REPORT
TO CONGRESS.—During fiscal year 
2010, the Secretary of Defense, acting through the Under Secretary 
of Defense for Personnel Readiness, in consultation with the Under 
Secretary for Acquisition, Technology, and Logistics and the Comp-
troller of the Department of Defense, shall undertake a comprehen-
sive review of the policies of the Department of Defense with 
respect to the conduct of public-private competitions. The Secretary 
shall submit to the congressional defense committees a report on 
such review not earlier than June 15, 2010. The review, at a 
minimum, shall address— 
(1) the status of the compliance of the Department with 
the requirement of 2461(a)(1) of title 10, United States Code, 
as amended by section 321 of this Act;