257 
(A) a description of the program, including 
the purpose and the expected benefit to the 
Government; 
(B) a description of the provisions of titles 
10, or 37, United States Code, from which the 
program would require a waiver, and the ration-
ale to support the waiver; 
(C) a statement of the anticipated out-
comes as a result of implementing the program; 
and 
(D) the method to be used to evaluate the 
effectiveness of the program. 
(e) DURATION OF DEVELOPED PROGRAM.—A pro-
gram developed under subsection (a) may be provided for 
not longer than a three-year period beginning on the im-
plementation date, except that the Secretary of Defense 
may extend the period if the Secretary determines that 
additional time is needed to fully evaluate the effectiveness 
of the program. 
(f) REPORTING REQUIREMENTS.— 
(1) REPORT.—The Secretary shall submit to 
Congress an annual report on the program provided 
under subsection (a) during the preceding year, in-
cluding—
258 
(A) a description of any programs devel-
oped and fielded under subsection (a) during 
that fiscal year; and 
(B) an assessment of the impact of the 
programs on the effectiveness and efficiency in 
achieving the United States mission in Afghani-
stan. 
(g) TERMINATION OF AUTHORITY.—Subject to sub-
section (e), the authority to carry out a program under 
this section expires on December 31, 2012. 
Subtitle C—Travel and 
Transportation Allowances 
SEC. 631. TRANSPORTATION OF ADDITIONAL MOTOR VEHI-
CLE OF MEMBERS ON CHANGE OF PERMA-
NENT STATION TO OR FROM NONFOREIGN 
AREAS OUTSIDE THE CONTINENTAL UNITED 
STATES. 
(a) AUTHORITY TO TRANSPORT ADDITIONAL MOTOR 
VEHICLE.—Subsection (a) of section 2634 of title 10, 
United States Code, is amended— 
(1) by striking the sentence following paragraph 
(4); 
(2) by redesignating paragraphs (1), (2), (3), 
and (4) as subparagraphs (A), (B), (C), and (D), re-
spectively;
259 
(3) by inserting ‘‘(1)’’ after ‘‘(a)’’; and 
(4) by adding at the end the following new 
paragraph: 
‘‘(2) One additional motor vehicle of a member (or 
a dependent of the member) may be transported as pro-
vided in paragraph (1) if— 
‘‘(A) the member is ordered to make a change 
of permanent station to or from a nonforeign area 
outside the continental United States and the mem-
ber has at least one dependent of driving age who 
will use the motor vehicle; or 
‘‘(B) the Secretary concerned determines that a 
replacement for the motor vehicle transported under 
paragraph (1) is necessary for reasons beyond the 
control of the member and is in the interest of the 
United States and the Secretary approves the trans-
portation in advance.’’. 
(b) TECHNICAL AND CONFORMING AMENDMENTS.— 
Such subsection is further amended— 
(1) by striking ‘‘his dependents’’ and inserting 
‘‘a dependent of the member’’; 
(2) by striking ‘‘him’’ and inserting ‘‘the mem-
ber’’; 
(3) by striking ‘‘his)’’ and inserting ‘‘the mem-
ber)’’;
260 
(4) by striking ‘‘his new’’ and inserting ‘‘the 
member’s new’’; and 
(5) in paragraph (1)(C), as redesignated by 
subsection (a), by striking ‘‘clauses (1) and (2)’’ and 
inserting ‘‘subparagraphs (A) and (B)’’. 
(c) EFFECTIVE DATE.—Paragraph (2)(A) of sub-
section (a) of section 2634 of title 10, United States Code, 
as added by subsection (a)(4), shall apply with respect to 
orders issued on or after the date of the enactment of this 
Act for members of the Armed Forces to make a change 
of permanent station to or from nonforeign areas outside 
the continental United States. 
SEC. 632. TRAVEL AND TRANSPORTATION ALLOWANCES 
FOR DESIGNATED INDIVIDUALS OF WOUND-
ED, ILL, OR INJURED MEMBERS FOR DURA-
TION OF INPATIENT TREATMENT. 
(a) AUTHORITY
TO PROVIDE TRAVEL
TO DES-
IGNATED INDIVIDUALS.—Subsection (a) of section 411h 
of title 37, United States Code, is amended— 
(1) in paragraph (1)— 
(A) by striking ‘‘family members of a 
member described in paragraph (2)’’ and insert-
ing ‘‘individuals who, with respect to a member 
described in paragraph (2), are designated indi-
viduals for that member’’;
261 
(B) by striking ‘‘that the presence of the 
family member’’ and inserting ‘‘that the pres-
ence of the designated individual’’; and 
(C) by striking ‘‘of family members’’ and 
inserting ‘‘of designated individuals’’; and 
(2) by adding at the end the following new 
paragraph: 
‘‘(4) In the case of a designated individual who is also 
a member of the uniformed services, that member may be 
provided travel and transportation under this section in 
the same manner as a designated individual who is not 
a member.’’. 
(b) DEFINITION
OF DESIGNATED INDIVIDUAL.— 
Subsection (b) of such section is amended by striking 
paragraphs (1) and (2) and inserting the following new 
paragraphs: 
‘‘(1) In this section, the term ‘designated individual’, 
with respect to a member, means— 
‘‘(A) an individual designated by the member 
for the purposes of this section; or 
‘‘(B) in the case of a member who has not 
made a designation under subparagraph (A) and, as 
determined by the attending physician or surgeon, is 
not able to make such a designation, an individual 
who, as designated by the attending physician or
262 
surgeon and the commander or head of the military 
medical facility exercising control over the member, 
is someone with a personal relationship to the mem-
ber whose presence would aid and support the health 
and welfare of the member during the duration of 
the member’s inpatient treatment. 
‘‘(2) The designation of an individual as a designated 
individual for purposes of this section may be changed at 
any time.’’. 
(c) COVERAGE OF MEMBERS HOSPITALIZED OUT-
SIDE THE UNITED STATES WHO WERE WOUNDED OR IN-
JURED IN A COMBAT OPERATION OR COMBAT ZONE.— 
(1) COVERAGE FOR HOSPITALIZATION OUTSIDE 
THE UNITED STATES.—Subparagraph (B) of section 
(a)(2) of such section is amended— 
(A) in clause (i), by striking ‘‘in or outside 
the United States’’; and 
(B) in clause (ii), by striking ‘‘in the 
United States’’. 
(2) CLARIFICATION OF MEMBERS COVERED.— 
Such subparagraph is further amended— 
(A) in clause (i), by inserting ‘‘seriously 
wounded,’’ after ‘‘(i) is’’; and 
(B) in clause (ii)—
263 
(i) by striking ‘‘an injury’’ and insert-
ing ‘‘a wound or an injury’’; and 
(ii) by striking ‘‘that injury’’ and in-
serting ‘‘that wound or injury’’. 
(d) FREQUENCY OF AUTHORIZED TRAVEL.—Para-
graph (3) of subsection (a) of such section is amended 
to read as follows: 
‘‘(3)(A) Not more than a total of three round trips 
may be provided under paragraph (1) in any 60-day period 
at Government expense to the individuals who are the des-
ignated individuals of a member during that period. 
‘‘(B) If the Secretary concerned has waived the limi-
tation in paragraph (1) on the number of designated indi-
viduals for a member, then for any 60-day period during 
which the waiver is in effect, the limitation in subpara-
graph (A) shall be adjusted accordingly. 
‘‘(C) During any period during which there is in ef-
fect a non-medical attendant designation for a member, 
not more than a total of two round trips may be provided 
under paragraph (1) in any 60-day period at Government 
expense until a non-medical attendant is no longer des-
ignated or that designation transfers to another indi-
vidual, in which case during the transfer period three 
round trips may be provided.’’.
264 
(e) STYLISTIC AND CONFORMING AMENDMENTS.— 
Such section is further amended— 
(1) in subsection (a), by inserting ‘‘TRAVEL 
AND
TRANSPORTATION
AUTHORIZED.—’’ 
after 
‘‘(a)’’; 
(2) in subsection (b), by inserting ‘‘DEFINI-
TIONS.—’’ after ‘‘(b)’’; 
(3) in subsection (c)— 
(A) by inserting ‘‘ROUND TRIP TRANSPOR-
TATION AND PER DIEM ALLOWANCE.—’’ after 
‘‘(c)’’; and 
(B) in paragraph (1), by striking ‘‘family 
member’’ and inserting ‘‘designated individual’’; 
and 
(4) in subsection (d), by inserting ‘‘METHOD OF 
TRANSPORTATION AUTHORIZED.—’’ after ‘‘(d)’’. 
(f) CLERICAL AMENDMENTS.— 
(1) SECTION HEADING.—The heading of such 
section is amended to read as follows: 
‘‘§ 411h. Travel and transportation allowances: trans-
portation of designated individuals inci-
dent to hospitalization of members for 
treatment of wounds, illness, or injury’’. 
(2) TABLE OF SECTIONS.—The table of sections 
at the beginning of chapter 7 of such title is amend-
265 
ed by striking the item relating to section 411h and 
inserting the following new item: 
‘‘411h. Travel and transportation allowances: transportation of designated indi-
viduals incident to hospitalization of members for treatment of 
wounds, illness, or injury.’’. 
(g) CONFORMING AMENDMENT TO WOUNDED WAR-
RIOR ACT.—Paragraph (4) of section 1602 of the Wound-
ed Warrior Act (title XVI of Public Law 110–181; 10 
U.S.C. 1071 note) is amended to read as follows: 
‘‘(4) ELIGIBLE
FAMILY
MEMBER.—(A) The 
term ‘eligible family member’ means a family mem-
ber who is on invitational travel orders or serving as 
a non-medical attendee while caring for a recovering 
service member for more than 45 days during a one- 
year period. 
‘‘(B) For purposes of subparagraph (A), the 
term ‘family member’, with respect to a recovering 
service member, means the following: 
‘‘(i) The member’s spouse. 
‘‘(ii) Children of the member (including 
stepchildren, adopted children, and illegitimate 
children). 
‘‘(iii) Parents of the member or persons in 
loco parentis to the member, including fathers 
and mothers through adoption and persons who 
stood in loco parentis to the member for a pe-
riod not less than 1 year immediately before the
266 
member entered the uniformed service, except 
that only one father and one mother or their 
counterparts in loco parentis may be recognized 
in any one case. 
‘‘(iv) Siblings of the member. Such term 
includes a person related to the member as de-
scribed in clause (i), (ii), (iii), or (iv) who is 
also a member of the uniformed services.’’. 
(h) APPLICABILITY
OF AMENDMENTS.—No reim-
bursement may be provided under section 411h of title 37, 
United States Code, by reason of the amendments made 
by this section for travel and transportation costs incurred 
before the date of the enactment of this Act. 
SEC. 633. AUTHORIZED TRAVEL AND TRANSPORTATION AL-
LOWANCES FOR NON-MEDICAL ATTENDANTS 
FOR 
VERY 
SERIOUSLY 
AND 
SERIOUSLY 
WOUNDED, ILL, OR INJURED MEMBERS. 
(a) PAYMENT OF TRAVEL COSTS AUTHORIZED.— 
(1) IN GENERAL.—Chapter 7 of title 37, United 
States Code, is amended by inserting after section 
411j the following new section:
267 
‘‘§ 411k. Travel and transportation allowances: non- 
medical attendants for members who are 
determined to be very seriously or seri-
ously wounded, ill, or injured 
‘‘(a) ALLOWANCE
FOR
NON-MEDICAL
ATTEND-
ANT.—(1) Under uniform regulations prescribed by the 
Secretaries concerned, travel and transportation described 
in subsection (d) may be provided for a qualified non-med-
ical attendant for a covered member of the uniformed serv-
ices described in subsection (c) if the attending physician 
or surgeon and the commander or head of the military 
medical facility exercising control over the member deter-
mine that the presence of such an attendant may con-
tribute to the member’s health and welfare. 
‘‘(b) QUALIFIED NON-MEDICAL ATTENDANT.—For 
purposes of this section, a qualified non-medical attend-
ant, with respect to a covered member, is an individual 
who— 
‘‘(1) is designated by the member to be a non- 
medical attendant for the member for purposes of 
this section; and 
‘‘(2) is determined by the attending physician 
or surgeon and the commander or head of the mili-
tary medical facility to be appropriate to serve as a 
non-medical attendant for the member and whose
268 
presence may contribute to the health and welfare of 
the member. 
‘‘(c) COVERED MEMBERS.—A member of the uni-
formed services covered by this section is a member who— 
‘‘(1) as a result of a wound, illness, or injury, 
has been determined by the attending physician or 
surgeon to be in the category known as ‘very seri-
ously wounded, ill, or injured’ or ‘seriously wounded, 
ill, or injured’; and 
‘‘(2) is hospitalized for treatment of the wound, 
illness, or injury or requires continuing outpatient 
treatment for the wound, illness, or injury. 
‘‘(d) 
AUTHORIZED
TRAVEL
AND
TRANSPOR-
TATION.—(1) The transportation authorized by subsection 
(a) for a qualified non-medical attendant for a member 
is round-trip transportation between the home of the at-
tendant and the location at which the member is receiving 
treatment and may include transportation, while accom-
panying the member, to any other location to which the 
member is subsequently transferred for further treatment. 
A designated non-medical attendant under this section 
may not also be a designated individual for travel and 
transportation allowances section 411h(a) of this title. 
‘‘(2) The transportation authorized by subsection (a) 
includes any travel necessary to obtain treatment for the
269 
member at the location to which the member is perma-
nently assigned. 
‘‘(3) In addition to the transportation authorized by 
subsection (a), the Secretary concerned may provide a per 
diem allowance or reimbursement for the actual and nec-
essary expenses of the travel, or a combination thereof, 
but not to exceed the rates established under section 
404(d) of this title. 
‘‘(4) The transportation authorized by subsection (a) 
may be provided by any of the following means: 
‘‘(A) Transportation in-kind. 
‘‘(B) A monetary allowance in place of trans-
portation in-kind at a rate to be prescribed by the 
Secretaries concerned. 
‘‘(C) Reimbursement for the commercial cost of 
transportation. 
‘‘(5) An allowance payable under this subsection may 
be paid in advance. 
‘‘(6) Reimbursement payable under this subsection 
may not exceed the cost of Government-procured commer-
cial round-trip air travel.’’. 
(2) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of such chapter is amended 
by inserting after the item related to section 411j 
the following new item:
270 
‘‘411k. Travel and transportation allowances: non-medical attendants for mem-
bers determined to be very seriously or seriously wounded, ill, 
or injured.’’. 
(b) APPLICABILITY.—No reimbursement may be pro-
vided under section 411k of title 37, United States Code, 
as added by subsection (a), for travel and transportation 
costs incurred before the date of the enactment of this 
Act. 
SEC. 634. INCREASED WEIGHT ALLOWANCE FOR TRANS-
PORTATION OF BAGGAGE AND HOUSEHOLD 
EFFECTS FOR CERTAIN ENLISTED MEMBERS. 
(a) ALLOWANCE.—The table in section 406(b)(1)(C) 
of title 37, United States Code, is amended by striking 
the items relating to pay grades E–5 through E–9 and 
inserting the following new items: 
Pay Grade 
Without Dependents 
With Dependents 
‘‘E–9 
13,500 
15,500 
E–8 
12,500 
14,500 
E–7 
11,500 
13,500 
E–6 
8,500 
11,500 
E–5 
7,500 
9,500’’. 
(b) EFFECTIVE DATE.—The amendment made by 
subsection (a) shall take effect on October 1, 2009. 
(c) FUNDING SOURCE.—Of the amounts authorized 
to be appropriated to the Department of Defense for mili-
tary personnel accounts for fiscal year 2010, not more 
than $31,000,000 shall be available to cover the additional 
costs incurred to implement the amendment made by sub-
section (a).
271 
Subtitle D—Retired Pay and 
Survivor Benefits 
SEC. 641. RECOMPUTATION OF RETIRED PAY AND ADJUST-
MENT OF RETIRED GRADE OF RESERVE RE-
TIREES TO REFLECT SERVICE AFTER RE-
TIREMENT. 
(a) RECOMPUTATION
OF RETIRED PAY.—Section 
12739 of title 10, United States Code, is amended by add-
ing at the end the following new subsection: 
‘‘(e)(1) If a member of the Retired Reserve is recalled 
to an active status in the Selected Reserve of the Ready 
Reserve under section 10145(d) of this title and completes 
not less than two years of service in such active status, 
the member is entitled to the recomputation under this 
section of the retired pay of the member. 
‘‘(2) The Secretary concerned may reduce the two- 
year service requirement specified in paragraph (1) in the 
case of a member who— 
‘‘(A) is recalled to serve in a position of adju-
tant general required under section 314 of title 32 
or in a position of assistant adjutant general subor-
dinate to such a position of adjutant general; 
‘‘(B) completes at least 6 months of service in 
such position; and
272 
‘‘(C) fails to complete the minimum two years 
of service solely because the appointment of the 
member to such position is terminated or vacated as 
described in section 324(b) of title 32.’’. 
(b) ADJUSTMENT
OF RETIRED GRADE.—Section 
12771 of such title is amended— 
(1) by striking ‘‘Unless’’ and inserting ‘‘(a) 
GRADE ON TRANSFER.—Unless’’; and 
(2) by adding at the end the following new sub-
section: 
‘‘(b) EFFECT OF SUBSEQUENT RECALL TO ACTIVE 
STATUS.—(1) If a member of the Retired Reserve who 
is a commissioned officer is recalled to an active status 
in the Selected Reserve of the Ready Reserve under sec-
tion 10145(d) of this title and completes not less than two 
years of service in such active status, the member is enti-
tled to an adjustment in the retired grade of the member 
in the manner provided in section 1370(d) of this title. 
‘‘(2) The Secretary concerned may reduce the two- 
year service requirement specified in paragraph (1) in the 
case of a member who— 
‘‘(A) is recalled to serve in a position of adju-
tant general required under section 314 of title 32 
or in a position of assistant adjutant general subor-
dinate to such a position of adjutant general;
273 
‘‘(B) completes at least 6 months of service in 
such position; and 
‘‘(C) fails to complete the minimum two years 
of service solely because the appointment of the 
member to such position is terminated or vacated as 
described in section 324(b) of title 32.’’. 
(c) RETROACTIVE
APPLICABILITY.—The amend-
ments made by this section shall take effect as of January 
1, 2008. 
SEC. 642. 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. 
(a) ELECTION AUTHORITY; REQUIREMENTS.—Sub-
section (a) of section 12741 of title 10, United States 
Code, is amended to read as follows: 
‘‘(a) AUTHORITY TO ELECT TO RECEIVE RESERVE 
RETIRED PAY.—(1) Notwithstanding the requirement in 
paragraph (4) of section 12731(a) of this title that a per-
son may not receive retired pay under this chapter when 
the person is entitled, under any other provision of law, 
to retired pay or retainer pay, a person may elect to re-
ceive retired pay under this chapter, instead of receiving
274 
retired or retainer pay under chapter 65, 367, 571, or 867 
of this title, if the person— 
‘‘(A) satisfies the requirements specified in 
paragraphs (1) and (2) of such section for entitle-
ment to retired pay under this chapter; 
‘‘(B) served in an active status in the Selected 
Reserve of the Ready Reserve after becoming eligible 
for retirement under chapter 65, 367, 571, or 867 
of this title (without regard to whether the person 
actually retired or received retired or retainer pay 
under one of those chapters); and 
‘‘(C) completed not less than two years of satis-
factory service (as determined by the Secretary con-
cerned) in such active status (excluding any period 
of active service). 
‘‘(2) The Secretary concerned may reduce the min-
imum two-year service requirement specified in paragraph 
(1)(C) in the case of a person who— 
‘‘(A) completed at least 6 months of service in 
a position of adjutant general required under section 
314 of title 32 or in a position of assistant adjutant 
general subordinate to such a position of adjutant 
general; and 
‘‘(B) failed to complete the minimum years of 
service solely because the appointment of the person
275 
to such position was terminated or vacated as de-
scribed in section 324(b) of title 32.’’. 
(b) ACTIONS
TO EFFECTUATE ELECTION.—Sub-
section (b) of such section is amended by striking para-
graph (1) and inserting the following new paragraph: 
‘‘(1) terminate the eligibility of the person to 
retire under chapter 65, 367, 571, or 867 of this 
title, if the person is not already retired under one 
of those chapters, and terminate entitlement of the 
person to retired or retainer pay under one of those 
chapters, if the person was already receiving retired 
or retainer pay under one of those chapters; and’’. 
(c) CONFORMING AMENDMENT TO REFLECT NEW 
VARIABLE AGE REQUIREMENT FOR RETIREMENT.—Sub-
section (d) of such section is amended— 
(1) in paragraph (1), by striking ‘‘attains 60 
years of age’’ and inserting ‘‘attains the eligibility 
age applicable to the person under section 12731(f) 
of this title’’; and 
(2) in paragraph (2)(A), by striking ‘‘attains 60 
years of age’’ and inserting ‘‘attains the eligibility 
age applicable to the person under such section’’. 
(d) CLERICAL AMENDMENTS.—
276 
(1) SECTION HEADING.—The heading for sec-
tion 12741 of such title is amended to read as fol-
lows: 
‘‘§ 12741. Retirement for service in an active status 
performed in the Selected Reserve of the 
Ready Reserve after eligibility for reg-
ular retirement’’. 
(2) TABLE OF SECTIONS.—The table of sections 
at the beginning of chapter 1223 of such title is 
amended by striking the item relating to section 
12741 and inserting the following new item: 
‘‘12741. Retirement for service in an active status performed in the Selected Re-
serve of the Ready Reserve after eligibility for regular retire-
ment.’’. 
(e) RETROACTIVE
APPLICABILITY.—The amend-
ments made by this section shall take effect as of January 
1, 2008. 
Subtitle E—Commissary and Non-
appropriated Fund Instrumen-
tality Benefits and Operations 
SEC. 651. ADDITIONAL EXCEPTION TO LIMITATION ON USE 
OF APPROPRIATED FUNDS FOR DEPART-
MENT OF DEFENSE GOLF COURSES. 
Section 2491a of title 10, United States Code, is 
amended—
277 
(1) by redesignating paragraph (2) of sub-
section (b) as subsection (c) and, in such subsection 
(as so redesignated)— 
(A) by inserting ‘‘REGULATIONS.—’’ before 
‘‘The Secretary’’; and 
(B) by striking ‘‘this subsection’’ and in-
serting ‘‘subsection (b)’’; and 
(2) by inserting after paragraph (1) of sub-
section (b) the following new paragraph: 
‘‘(2) Subsection (a) does not apply to the purchase, 
operation, or maintenance of equipment intended to en-
sure compliance with the Americans With Disabilities Act 
of 1990 (42 U.S.C. 12101 et seq.).’’. 
SEC. 652. LIMITATION ON DEPARTMENT OF DEFENSE ENTI-
TIES OFFERING PERSONAL INFORMATION 
SERVICES TO MEMBERS AND THEIR DEPEND-
ENTS. 
(a) IMPOSITION OF LIMITATION.—Subchapter III of 
chapter 147 of title 10, United States Code, is amended 
by inserting after section 2492 the following new section: 
‘‘§ 2492a. Limitation on Department of Defense enti-
ties competing with private sector in of-
fering personal information services 
‘‘(a) LIMITATION.—Notwithstanding section 2492 of 
this title, the Secretary of Defense may not authorize a
278 
Department of Defense entity to offer or provide personal 
information services using Department resources, per-
sonnel, or equipment, or compete for contracts to provide 
such personal information services, if users will be charged 
a fee for the personal information services to recover the 
cost incurred to provide the services or to earn a profit. 
‘‘(b) EXCEPTIONS.—Subsection (a) shall not apply if 
the Secretary of Defense determines that— 
‘‘(1) a private sector vendor is not available to 
provide the personal information services at specific 
locations; or 
‘‘(2) the interests of the user population would 
be best served by allowing the Government to pro-
vide such services. 
‘‘(c) 
PERSONAL
INFORMATION
SERVICES
DE-
FINED.—In this section, the term ‘personal information 
services’ means the provision of Internet, telephone, or tel-
evision services to consumers.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
at the beginning of such subchapter is amended by insert-
ing after section 2492 the following new item: 
‘‘2492a. Limitation on Department of Defense entities competing with private 
sector in offering personal information services.’’. 
(c) EFFECT
ON EXISTING CONTRACTS.—Section 
2492a of title 10, United States Code, as added by sub-
section (a), does not affect the validity or terms of any
279 
contract for the provision of personal information services 
entered into before the date of the enactment of this Act. 
SEC. 653. REPORT ON IMPACT OF PURCHASING FROM 
LOCAL DISTRIBUTORS ALL ALCOHOLIC BEV-
ERAGES FOR RESALE ON MILITARY INSTAL-
LATIONS ON GUAM. 
(a) REPORT REQUIRED.—Not later than 90 days 
after the date of the enactment of this Act, the Comp-
troller General shall submit to the Committees on Armed 
Services of the Senate and the House of Representatives 
a report evaluating the impact of reimposing the require-
ment, effective for fiscal year 2008 pursuant to section 
8073 of the Department of Defense Appropriations Act, 
2008 (division A of Public Law 110–116; 121 Stat. 1331) 
but not extended for fiscal year 2009, that all alcoholic 
beverages intended for resale on military installations on 
Guam be purchased from local sources. 
(b) EVALUATION REQUIREMENTS.—As part of the 
report, the Comptroller General shall specifically evaluate 
the following: 
(1) The rationale for and validity of the con-
cerns of nonappropriated funds activities over the 
one-year imposition of the local-purchase require-
ment and the impact the requirement had on alcohol 
resale prices.
280 
(2) The justification for the increase in the 
price of alcoholic beverages for resale on military in-
stallations on Guam. 
(3) The actions of the nonappropriated fund ac-
tivities in complying with the local purchase require-
ments for resale of alcoholic beverages and their 
purchase of such affected products before and after 
the effective date of provision of law referred to in 
subsection (a). 
(4) The potential cost savings in transportation 
costs, including use of second destination transpor-
tation funds, accruing from the purchase of alcoholic 
beverages from local distributors on Guam. 
(5) The ability of local distributors on Guam to 
meet demands for stocks of certain alcoholic bev-
erages in the event that the local purchase require-
ment became permanent for Guam. 
(6) The consistency in application of the alcohol 
resale requirement for nonappropriated fund activi-
ties on military installations with regards to Depart-
ment of Defense Instruction 1330.09 (or any suc-
cessor to that instruction) and the methods used to 
determine the resale price of alcoholic beverages.
281 
Subtitle F—Other Matters 
SEC. 661. LIMITATIONS ON COLLECTION OF OVERPAY-
MENTS OF PAY AND ALLOWANCES ERRO-
NEOUSLY PAID TO MEMBERS. 
(a) MAXIMUM MONTHLY PERCENTAGE
OF MEM-
BER’S PAY AUTHORIZED FOR DEDUCTION.—Paragraph 
(3) of subsection (c) of section 1007 of title 37, United 
States Code, is amended by striking ‘‘20 percent’’ and in-
serting ‘‘10 percent’’. 
(b) CONSULTATION REGARDING DEDUCTION OR RE-
PAYMENT TERMS.—Such paragraph is further amended— 
(1) by inserting ‘‘(A)’’ after ‘‘(3)’’; and 
(2) by adding at the end the following new sub-
paragraph: 
‘‘(B) In all cases described in subparagraph (A), the 
Secretary concerned shall consult with the member regard-
ing the repayment rate to be imposed under such subpara-
graph to recover the indebtedness, taking into account the 
financial ability of the member to pay and avoiding the 
imposition of an undue hardship on the member and the 
member’s dependents.’’. 
(c) DELAY
IN INSTITUTING COLLECTIONS FROM 
WOUNDED OR INJURED MEMBERS.—Paragraph (4) of 
such subsection is amended to read as follows:
282 
‘‘(4)(A) If a member of the uniformed services, while 
in the line of duty, is injured or wounded by hostile fire, 
explosion of a hostile mine, or any other hostile action, 
or otherwise incurs a wound, injury, or illness in a combat 
operation or combat zone designated by the President or 
the Secretary of Defense, any overpayment of pay or al-
lowances made to the member while the member recovers 
from the wound, injury, or illness may not be deducted 
from the member’s pay until— 
‘‘(i) the member is notified of the overpayment; 
and 
‘‘(ii) the later of the following occurs: 
‘‘(I) The end of the 180-day period begin-
ning on the date of the completion of the tour 
of duty of the member in the combat operation 
or combat zone. 
‘‘(II) The end of the 90-day period begin-
ning on the date of the reassignment of the 
member from a military treatment facility or 
other medical unit outside of the theater of op-
erations. 
‘‘(B) Subparagraph (A) shall not apply if the mem-
ber, after receiving notification of the overpayment, re-
quests or consents to initiation at an earlier date of the 
collection of the overpayment of the pay or allowances.’’.
283 
(d) FIVE-YEAR DEADLINE
ON SEEKING REPAY-
MENT.—Such subsection is further amended by adding at 
the end the following new paragraph: 
‘‘(5) The Secretary concerned may not deduct from 
the pay of a member of the uniformed services or other-
wise recover, seek to recover, or assist in the recovery from 
a member or former member any overpayment of pay or 
allowances made to the member through no fault of the 
member unless the Secretary notifies the member of the 
indebtedness before the end of the five-year period begin-
ning on the date on which the overpayment was made. 
If the notice is not provided before the end of such period, 
the Secretary concerned shall cancel the indebtedness of 
the member to the United States.’’. 
(e) EXPANDED DISCRETION REGARDING REMISSION 
OR CANCELLATION OF INDEBTEDNESS.— 
(1) ARMY.—Section 4837(a) of title 10, United 
States Code, is amended by striking ‘‘, but only if 
the Secretary considers such action to be in the best 
interest of the United States.’’ and inserting ‘‘if the 
Secretary determines that the person— 
‘‘(1) relies on social security benefits or dis-
ability compensation under this title or title 38 (or 
a combination thereof) for more than half of the per-
son’s annual income; or
284 
‘‘(2) would suffer an undue hardship in repay-
ing the indebtedness.’’. 
(2) NAVAL SERVICE.—Section 6161(a) of such 
title is amended by striking ‘‘, but only if the Sec-
retary considers such action to be in the best inter-
est of the United States.’’ and inserting ‘‘if the Sec-
retary determines that the person— 
‘‘(1) relies on social security benefits or dis-
ability compensation under this title or title 38 (or 
a combination thereof) for more than half of the per-
son’s annual income; or 
‘‘(2) would suffer an undue hardship in repay-
ing the indebtedness.’’. 
(3) AIR FORCE.—Section 9837(a) of such title 
is amended by striking ‘‘, but only if the Secretary 
considers such action to be in the best interest of the 
United States.’’ and inserting ‘‘if the Secretary de-
termines that the person— 
‘‘(1) relies on social security benefits or dis-
ability compensation under this title or title 38 (or 
a combination thereof) for more than half of the per-
son’s annual income; or 
‘‘(2) would suffer an undue hardship in repay-
ing the indebtedness.’’.
285 
(f) EFFECTIVE DATE.—The amendments made by 
this section shall apply only with respect to an overpay-
ment of pay or allowances made to a member of the uni-
formed services after the date of the enactment of this 
Act. 
SEC. 662. ARMY AUTHORITY TO PROVIDE ADDITIONAL RE-
CRUITMENT INCENTIVES. 
(a) EXTENSION OF AUTHORITY.—Subsection (i) of 
section 681 of the National Defense Authorization Act for 
Fiscal Year 2006 (Public Law 109–163; 119 Stat. 3321) 
is amended by striking ‘‘December 31, 2009’’ and insert-
ing ‘‘December 31, 2012’’. 
(b) LIMITATION
ON USE
OF AUTHORITY.—Sub-
section (e) of such section is amended by inserting ‘‘at 
the same time’’ after ‘‘provided’’. 
SEC. 663. BENEFITS UNDER POST-DEPLOYMENT/MOBILIZA-
TION RESPITE ABSENCE PROGRAM FOR CER-
TAIN PERIODS BEFORE IMPLEMENTATION OF 
PROGRAM. 
(a) IN GENERAL.—Under regulations prescribed by 
the Secretary of Defense, the Secretary concerned may 
provide any member or former member of the Armed 
Forces with the benefits specified in subsection (b) if the 
member or former member would, on any day during the 
period beginning on January 19, 2007, and ending on the
286 
date of the implementation of the Post-Deployment/Mobi-
lization Respite Absence (PDMRA) program by the Sec-
retary concerned, have qualified for a day of administra-
tive absence under the Post-Deployment/Mobilization Res-
pite Absence program had the program been in effect dur-
ing such period. 
(b) BENEFITS.—The benefits authorized under this 
section are the following: 
(1) In the case of an individual who is a former 
member of the Armed Forces at the time of the pro-
vision of benefits under this section, payment of an 
amount not to exceed $200 for each day the indi-
vidual would have qualified for a day of administra-
tive absence as described in subsection (a) during 
the period specified in that subsection. 
(2) In the case of an individual who is a mem-
ber of the Armed Forces at the time of the provision 
of benefits under this section, either one day of ad-
ministrative absence or payment of an amount not 
to exceed $200, as selected by the Secretary con-
cerned, for each day the individual would have quali-
fied for a day of administrative absence as described 
in subsection (a) during the period specified in that 
subsection.
287 
(c) EXCLUSION OF CERTAIN FORMER MEMBERS.— 
A former member of the Armed Forces is not eligible 
under this section for the benefits specified in subsection 
(b)(1) if the former member was discharged or released 
from the Armed Forces under other than honorable condi-
tions. 
(d) MAXIMUM NUMBER OF DAYS OF BENEFITS.— 
Not more than 40 days of benefits may be provided to 
a member or former member of the Armed Forces under 
this section. 
(e) FORM OF PAYMENT.—The paid benefits author-
ized under this section may be paid in a lump sum or in-
stallments, at the election of the Secretary concerned. 
(f) CONSTRUCTION WITH OTHER PAY AND LEAVE.— 
The benefits provided a member or former member of the 
Armed Forces under this section are in addition to any 
other pay, absence, or leave provided by law. 
(g) DEFINITIONS.—In this section: 
(1) The term ‘‘Post-Deployment/Mobilization 
Respite Absence program’’ means the program of a 
military department to provide days of administra-
tive absence not chargeable against available leave to 
certain deployed or mobilized members of the Armed 
Forces in order to assist such members in reinte-
288 
grating into civilian life after deployment or mobili-
zation. 
(2) The term ‘‘Secretary concerned’’ has the 
meaning given that term in section 101(5) of title 
37, United States Code. 
(h) TERMINATION.— 
(1) IN
GENERAL.—The authority to provide 
benefits under this section shall expire on the date 
that is 1 year after the date of the enactment of this 
Act. 
(2) CONSTRUCTION.—Expiration under this 
subsection of the authority to provide benefits under 
this section shall not affect the utilization of any day 
of administrative absence provided a member of the 
Armed Forces under subsection (b)(2), or the pay-
ment of any payment authorized a member or 
former member of the Armed Forces under sub-
section (b), before the expiration of the authority in 
this section. 
SEC. 664. SENSE OF CONGRESS REGARDING SUPPORT FOR 
COMPENSATION, RETIREMENT, AND OTHER 
MILITARY PERSONNEL PROGRAMS. 
It is the sense of Congress that members of the 
Armed Forces and their families and military retirees de-
serve ongoing recognition and support for their service and
289 
sacrifices on behalf of the United States, and Congress 
will continue to be vigilant in identifying appropriate di-
rect spending offsets that can be used to address short-
coming within those military personnel programs that 
incur mandatory spending obligations. 
SEC. 665. COMPTROLLER GENERAL REPORT ON COST TO 
CITIES AND OTHER MUNICIPALITIES THAT 
COVER THE DIFFERENCE BETWEEN AN EM-
PLOYEE’S MILITARY SALARY AND MUNICIPAL 
SALARY. 
Not later than 90 days after the date of the enact-
ment of this Act, the Comptroller General shall submit 
to Congress a report on the costs incurred by cities and 
other municipalities that elect to cover the difference be-
tween— 
(1) an employee’s military salary when that em-
ployee is a member of a reserve component and 
called or ordered to active duty; and 
(2) the municipal salary of the employee. 
SEC. 666. POSTAL BENEFITS PROGRAM FOR SENDING FREE 
MAIL TO MEMBERS OF THE ARMED FORCES 
SERVING 
IN 
CERTAIN 
OVERSEAS 
OPER-
ATIONS AND HOSPITALIZED MEMBERS. 
(a) AVAILABILITY OF POSTAL BENEFITS.—The Sec-
retary of Defense, in consultation with the United States
290 
Postal Service, shall provide for a program under which 
postal benefits are provided during fiscal year 2010 to 
qualified individuals in accordance with this section. 
(b) QUALIFIED INDIVIDUAL.—In this section, the 
term ‘‘qualified individual’’ means a member of the Armed 
Forces described in subsection (a)(1) of section 3401 of 
title 39, United States Code, who is entitled to free mail-
ing privileges under such section. 
(c) POSTAL BENEFITS DESCRIBED.— 
(1) VOUCHERS.—The postal benefits provided 
under the program shall consist of such coupons or 
other similar evidence of credit (in this section re-
ferred to as a ‘‘voucher’’) to permit a person pos-
sessing the voucher to make a qualified mailing to 
any qualified individual without charge using the 
Postal Service. The vouchers may be in printed, elec-
tronic, or such other format as the Secretary of De-
fense, in consultation with the Postal Service, shall 
determine to be appropriate. 
(2) QUALIFIED MAILING.—In this section, the 
term ‘‘qualified mailing’’ means the mailing of a sin-
gle mail piece which— 
(A) is first-class mail (including any 
sound- or video-recorded communication) not 
exceeding 13 ounces in weight and having the
291 
character of personal correspondence or parcel 
post not exceeding 15 pounds in weight; 
(B) is sent from within an area served by 
a United States post office; and 
(C) is addressed to any qualified indi-
vidual. 
(3) 
COORDINATION
RULE.—Postal 
benefits 
under the program are in addition to, and not in lieu 
of, any reduced rates of postage or other similar 
benefits which might otherwise be available by or 
under law, including any rates of postage resulting 
from the application of section 3401(b) of title 39, 
United States Code. 
(d) NUMBER
OF VOUCHERS.—A member of the 
Armed Forces shall be eligible for one voucher for every 
month (or part of a month) during fiscal year 2010 in 
which the member is a qualified individual. Subject to sub-
section (f)(2), a voucher earned during fiscal year 2010 
may be used after the end of such fiscal year. 
(e) TRANSFER
OF VOUCHERS.—A qualified indi-
vidual may transfer a voucher to a member of the family 
of the qualified individual, a nonprofit organization, or any 
other person selected by the qualified individual for use 
to send qualified mailings to the qualified individual or 
other qualified individuals.
292 
(f) LIMITATIONS ON USE; DURATION.—A voucher 
may not be used— 
(1) for more than one qualified mailing, wheth-
er that mailing is a first-class letter or a parcel; or 
(2) after the expiration date of the voucher, as 
designated by the Secretary of Defense. 
(g) REGULATIONS.—Not later than 30 days after the 
date of the enactment of this Act, the Secretary of Defense 
(in consultation with the Postal Service) shall prescribe 
such regulations as may be necessary to carry out the pro-
gram, including— 
(1) procedures by which vouchers will be pro-
vided or made available in timely manner to quali-
fied individuals; and 
(2) procedures to ensure that the number of 
vouchers provided or made available with respect to 
any qualified individual complies with subsection (d). 
(h) TRANSFERS OF FUNDS TO POSTAL SERVICE.— 
(1) BASED ON ESTIMATES.—The Secretary of 
Defense shall transfer to the Postal Service, out of 
amounts available to carry out the program and in 
advance of each calendar quarter during which post-
al benefits may be used under the program, an 
amount equal to the amount of postal benefits that 
the Secretary estimates will be used during such
293 
quarter, reduced or increased (as the case may be) 
by any amounts by which the Secretary finds that 
a determination under this subsection for a prior 
quarter was greater than or less than the amount fi-
nally determined for such quarter. 
(2) BASED
ON
FINAL
DETERMINATION.—A 
final determination of the amount necessary to cor-
rect any previous determination under this section, 
and any transfer of amounts between the Postal 
Service and the Department of Defense based on 
that final determination, shall be made not later 
than 6 months after the expiration date of the final 
vouchers issued under the program. 
(3) CONSULTATION REQUIRED.—All estimates 
and determinations under this subsection of the 
amount of postal benefits under the program used in 
any period shall be made by the Secretary of De-
fense in consultation with the Postal Service. 
(i) FUNDING.— 
(1) FUNDING
SOURCE
AND
LIMITATION.—In 
addition to the amounts authorized to be appro-
priated in section 301(1) for operation and mainte-
nance for Army for fiscal year 2010, $50,000,000 is 
authorized to be appropriated for postal benefits 
provided in the this section.
294 
(2) OFFSETTING REDUCTION.—Funds author-
ized to be appropriated in section 301 in fiscal year 
2010 for operation and maintenance are reduced as 
follows: 
(A) For operation and maintenance for the 
Army, Army Claims is reduced by $10,000,000. 
(B) For operation and maintenance for the 
Navy, System-Wide Navy Communications is 
reduced by $10,000,000. 
(C) For operation and maintenance for the 
Air Force, System-Wide Air Force Communica-
tions is reduced by $30,000,000. 
TITLE VII—HEALTH CARE 
PROVISIONS 
Subtitle A—Improvements to Health Benefits 
Sec. 701. Prohibition on conversion of military medical and dental positions to 
civilian medical and dental positions. 
Sec. 702. Chiropractic health care for members on active duty. 
Sec. 703. Expansion of survivor eligibility under TRICARE dental program. 
Sec. 704. TRICARE standard coverage for certain members of the Retired Re-
serve who are qualified for a non-regular retirement but are 
not yet age 60. 
Sec. 705. Cooperative health care agreements between military installations and 
non-military health care systems. 
Sec. 706. Health care for members of the reserve components. 
Sec. 707. National casualty care research center. 
Subtitle B—Reports 
Sec. 711. Report on post-traumatic stress disorder efforts. 
Sec. 712. Report on the feasibility of TRICARE Prime in certain common-
wealths and territories of the United States. 
Sec. 713. Report on the health care needs of military family members. 
Sec. 714. Report on stipends for members of reserve components for health 
care for certain dependents. 
Sec. 715. Report on the required number of military mental health providers.
295 
Subtitle A—Improvements to 
Health Benefits 
SEC. 701. PROHIBITION ON CONVERSION OF MILITARY 
MEDICAL AND DENTAL POSITIONS TO CIVIL-
IAN MEDICAL AND DENTAL POSITIONS. 
(a) PROHIBITION.—The Secretary of a military de-
partment may not convert any military medical or dental 
position to a civilian medical or dental position on or after 
October 1, 2007. 
(b) RESTORATION OF CERTAIN POSITIONS TO MILI-
TARY POSITIONS.—In the case of any military medical or 
dental position that is converted to a civilian medical or 
dental position during the period beginning on October 1, 
2004, and ending on September 30, 2008, if the position 
is not filled by a civilian by September 30, 2008, the Sec-
retary of the military department concerned shall restore 
the position to a military medical or dental position that 
may be filled only by a member of the Armed Forces who 
is a health professional. 
(c) DEFINITIONS.—In this section: 
(1) The term ‘‘military medical or dental posi-
tion’’ means a position for the performance of health 
care functions (or coded to work within a military 
treatment facility) within the Armed Forces held by 
a member of the Armed Forces.
296 
(2) The term ‘‘civilian medical or dental posi-
tion’’ means a position for the performance of health 
care functions within the Department of Defense 
held by an employee of the Department or of a con-
tractor of the Department. 
(3) The term ‘‘conversion’’, with respect to a 
military medical or dental position, means a change 
of the position to a civilian medical or dental posi-
tion, effective as of the date of the manning author-
ization document of the military department making 
the change (through a change in designation from 
military to civilian in the document, the elimination 
of the listing of the position as a military position 
in the document, or through any other means indi-
cating the change in the document or otherwise). 
(d) REPEAL.—Section 721 of the National Defense 
Authorization Act for Fiscal Year 2008 (Public Law 110– 
181; 122 Stat. 198; 10 U.S.C. 129c note) is repealed. 
SEC. 702. CHIROPRACTIC HEALTH CARE FOR MEMBERS ON 
ACTIVE DUTY. 
(a) REQUIREMENT FOR CHIROPRACTIC CARE.—Sub-
ject to such regulations as the Secretary of Defense may 
prescribe, the Secretary shall provide chiropractic services 
for members of the uniformed services who are entitled 
to care under section 1074(a) of title 10, United States
297 
Code. Such chiropractic services may be provided only by 
a doctor of chiropractic. 
(b) DEMONSTRATION PROJECTS.—The Secretary of 
Defense may conduct one or more demonstration projects 
to provide chiropractic services to deployed members of the 
uniformed services. Such chiropractic services may be pro-
vided only by a doctor of chiropractic. 
(c) DEFINITIONS.—In this section: 
(1) The term ‘‘chiropractic services’’— 
(A) includes diagnosis (including by diag-
nostic X-ray tests), evaluation and manage-
ment, and therapeutic services for the treat-
ment of a patient’s health condition, including 
neuromusculoskeletal conditions and the sub-
luxation complex, and such other services deter-
mined appropriate by the Secretary and as au-
thorized under State law; and 
(B) does not include the use of drugs or 
surgery. 
(2) The term ‘‘doctor of chiropractic’’ means 
only a doctor of chiropractic who is licensed as a 
doctor of chiropractic, chiropractic physician, or chi-
ropractor by a State, the District of Columbia, or a 
territory or possession of the United States.
298 
SEC. 703. EXPANSION OF SURVIVOR ELIGIBILITY UNDER 
TRICARE DENTAL PROGRAM. 
Paragraph (3) of section 1076a(k) of title 10, United 
States Code, is amended to read as follows: 
‘‘(3) Such term does not include a dependent by rea-
son of paragraph (2) after the end of the three-year period 
beginning on the date of the member’s death, except that, 
in the case of a dependent of the deceased who is described 
by subparagraph (D) or (I) of section 1072(2) of this title, 
the period of continued eligibility shall be the longer of 
the following periods beginning on such date: 
‘‘(A) Three years. 
‘‘(B) The period ending on the date on which 
such dependent attains 21 years of age. 
‘‘(C) In the case of such dependent who, at 21 
years of age, is enrolled in a full-time course of 
study in a secondary school or in a full-time course 
of study in an institution of higher education ap-
proved by the administering Secretary and was, at 
the time of the member’s death, in fact dependent 
on the member for over one-half of such dependent’s 
support, the period ending on the earlier of the fol-
lowing dates: 
‘‘(i) The date on which such dependent 
ceases to pursue such a course of study, as de-
termined by the administering Secretary.
299 
‘‘(ii) The date on which such dependent at-
tains 23 years of age.’’. 
SEC. 704. TRICARE STANDARD COVERAGE FOR CERTAIN 
MEMBERS OF THE RETIRED RESERVE WHO 
ARE QUALIFIED FOR A NON-REGULAR RE-
TIREMENT BUT ARE NOT YET AGE 60. 
(a) IN GENERAL.—Chapter 55 of title 10, United 
States Code, is amended by inserting after section 1076d 
the following new section: 
‘‘§ 1076e. TRICARE program: TRICARE standard cov-
erage for certain members of the Retired 
Reserve who are qualified for a non-reg-
ular retirement but are not yet age 60 
‘‘(a) ELIGIBILITY.—(1) Except as provided in para-
graph (2), a member of the Retired Reserve of a reserve 
component of the armed forces who is qualified for a non- 
regular retirement at age 60 under chapter 1223 of this 
title, but is not age 60, is eligible for health benefits under 
TRICARE Standard as provided in this section. 
‘‘(2) Paragraph (1) does not apply to a member who 
is enrolled, or is eligible to enroll, in a health benefits plan 
under chapter 89 of title 5. 
‘‘(b) TERMINATION OF ELIGIBILITY UPON OBTAIN-
ING OTHER TRICARE STANDARD COVERAGE.—Eligi-
bility for TRICARE Standard coverage of a member
300 
under this section shall terminate upon the member be-
coming eligible for TRICARE Standard coverage at age 
60 under section 1086 of this title. 
‘‘(c) FAMILY MEMBERS.—While a member of a re-
serve component is covered by TRICARE Standard under 
this section, the members of the immediate family of such 
member are eligible for TRICARE Standard coverage as 
dependents of the member. If a member of a reserve com-
ponent dies while in a period of coverage under this sec-
tion, the eligibility of the members of the immediate family 
of such member for TRICARE Standard coverage under 
this section shall continue for the same period of time that 
would be provided under section 1086 of this title if the 
member had been eligible at the time of death for 
TRICARE Standard coverage under such section (instead 
of under this section). 
‘‘(d) PREMIUMS.—(1) A member of a reserve compo-
nent covered by TRICARE Standard under this section 
shall pay a premium for that coverage. 
‘‘(2) The Secretary of Defense shall prescribe for the 
purposes of this section one premium for TRICARE 
Standard coverage of members without dependents and 
one premium for TRICARE Standard coverage of mem-
bers with dependents referred to in subsection (f)(1). The 
premium prescribed for a coverage shall apply uniformly
301 
to all covered members of the reserve components covered 
under this section. 
‘‘(3) The monthly amount of the premium in effect 
for a month for TRICARE Standard coverage under this 
section shall be the amount equal to the cost of coverage 
that the Secretary determines on an appropriate actuarial 
basis. 
‘‘(4) The Secretary shall prescribe the requirements 
and procedures applicable to the payment of premiums 
under this subsection. 
‘‘(5) Amounts collected as premiums under this sub-
section shall be credited to the appropriation available for 
the Defense Health Program Account under section 1100 
of this title, shall be merged with sums in such Account 
that are available for the fiscal year in which collected, 
and shall be available under subsection (b) of such section 
for such fiscal year. 
‘‘(e) REGULATIONS.—The Secretary of Defense, in 
consultation with the other administering Secretaries, 
shall prescribe regulations for the administration of this 
section. 
‘‘(f) DEFINITIONS.—In this section: 
‘‘(1) The term ‘immediate family’, with respect 
to a member of a reserve component, means all of 
the member’s dependents described in subpara-
302 
graphs (A), (D), and (I) of section 1072(2) of this 
title. 
‘‘(2) The term ‘TRICARE Standard’ means— 
‘‘(A) medical care to which a dependent 
described in section 1076(a)(2) of this title is 
entitled; and 
‘‘(B) health benefits contracted for under 
the authority of section 1079(a) of this title and 
subject to the same rates and conditions as 
apply to persons covered under that section.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
at the beginning of such chapter is amended by inserting 
after the item relating to section 1076d the following new 
item: 
‘‘1076e. TRICARE program: TRICARE standard coverage for certain members 
of the Retired Reserve who are qualified for a non-regular re-
tirement but are not yet age 60.’’. 
(c) EFFECTIVE DATE.—Section 1076e of title 10, 
United States Code, as inserted by subsection (a), shall 
apply to coverage for months beginning on or after Octo-
ber 1, 2009, or such earlier date as the Secretary of De-
fense may specify.
303 
SEC. 705. COOPERATIVE HEALTH CARE AGREEMENTS BE-
TWEEN MILITARY INSTALLATIONS AND NON- 
MILITARY HEALTH CARE SYSTEMS. 
(a) AUTHORITY.—The Secretary of Defense may es-
tablish cooperative health care agreements between mili-
tary installations and local or regional health care systems. 
(b) REQUIREMENTS.—In establishing such agree-
ments, the Secretary shall— 
(1) consult with— 
(A) the Secretaries of the military depart-
ments; 
(B) representatives from the military in-
stallation selected for the agreement, including 
the TRICARE managed care support con-
tractor with responsibility for such installation; 
and 
(C) Federal, State, and local government 
officials; 
(2) identify and analyze health care services 
available in the area in which the military installa-
tion is located, including such services available at a 
military medical treatment facility or in the private 
sector (or a combination thereof); 
(3) determine the cost avoidance or savings re-
sulting from innovative partnerships between the 
Department of Defense and the private sector; and
304 
(4) determine the opportunities for and barriers 
to coordinating and leveraging the use of existing 
health care resources, including such resources of 
Federal, State, local, and private entities. 
(c) ANNUAL REPORTS.—Not later than December 31 
of each year an agreement entered into under this section 
is in effect, the Secretary shall submit to the congressional 
defense committees a report on each such agreement. 
Each report shall include, at a minimum, the following: 
(1) A description of the agreement. 
(2) Any cost avoidance, savings, or increases as 
a result of the agreement. 
(3) A recommendation for continuing or ending 
the agreement. 
(d) RULE OF CONSTRUCTION.—Nothing in this sec-
tion shall be construed as authorizing the provision of 
health care services at military medical treatment facilities 
or other facilities of the Department of Defense to individ-
uals who are not otherwise entitled or eligible for such 
services under chapter 55 of title 10, United States Code. 
SEC. 706. HEALTH CARE FOR MEMBERS OF THE RESERVE 
COMPONENTS. 
(a) IN GENERAL.—Subsection (d) of section 1074 of 
title 10, United States Code, is amended to read as fol-
lows:
305 
‘‘(d)(1) For the purposes of this chapter, a member 
of a reserve component of the armed forces who is issued 
or covered by a delayed-effective-date active-duty order or 
an official notification shall be treated as being on active 
duty for a period of more than 30 days beginning on the 
later of the following dates: 
‘‘(A) The earlier of the date that is— 
‘‘(i) the date of the issuance of such order; 
or 
‘‘(ii) the date of the issuance of such offi-
cial notification. 
‘‘(B) The date that is 180 days before the date 
on which the period of active duty is to commence 
under such order or official notification for that 
member. 
‘‘(2) In this subsection: 
‘‘(A) The term ‘delayed-effective-date active- 
duty order’ means an order to active duty for a pe-
riod of more than 30 days in support of a contin-
gency operation under a provision of law referred to 
in section 101(a)(13)(B) of this title that provides 
for active-duty service to begin under such order on 
a date after the date of the issuance of the order. 
‘‘(B) The term ‘official notification’ means a 
memorandum from the Secretary concerned that no-
306 
tifies a unit or a member of a reserve component of 
the armed forces that such unit or member shall re-
ceive a delayed-effective-date active-duty order.’’. 
(b) EFFECTIVE DATE.—The amendment made by 
this section shall apply with respect to a delayed-effective- 
date active-duty order or official notification issued on or 
after the date of the enactment of this Act. 
SEC. 707. NATIONAL CASUALTY CARE RESEARCH CENTER. 
(a) DESIGNATION.—Not later than October 1, 2010, 
the Secretary of Defense shall designate a center to be 
known as the ‘‘National Casualty Care Research Center’’ 
(in this section referred to as the ‘‘Center’’), which shall 
consist of the program known as combat casualty care of 
the Army Medical Research and Materiel Command. 
(b) DIRECTOR.—The Secretary shall appoint a direc-
tor of the Center. 
(c) ACTIVITIES OF THE CENTER.—In addition to 
other functions performed by the combat casualty care 
program, the Center shall— 
(1) provide a public-private partnership for 
funding clinical trials and clinical research in combat 
injury; 
(2) integrate basic and clinical research from 
both military and civilian populations to accelerate 
improvements to trauma care;
307 
(3) ensure that data from both military and ci-
vilian entities, including the Joint Theater Trauma 
Registry and the National Trauma Data Bank, are 
optimally used to establish research strategies and 
measure improvements in outcomes; 
(4) fund the full range of injury research and 
evaluation, including— 
(A) basic, translational, and clinical re-
search; 
(B) point of injury and pre-hospital care; 
(C) early resuscitative management; 
(D) initial and definitive surgical care; and 
(E) rehabilitation and reintegration into 
society; and 
(5) coordinate the collaboration of military and 
civilian institutions conducting trauma research. 
(d) AUTHORIZATION.—In addition to any other funds 
authorized to be appropriated for the combat casualty care 
program of the Army Medical Research and Materiel Com-
mand, there is hereby authorized to be appropriated to 
the Secretary $1,000,000 for fiscal year 2010 for the pur-
pose of carrying out activities under this section.
308 
SEC. 708. NOTIFICATION OF MEMBERS OF THE ARMED 
FORCES OF EXPOSURE TO POTENTIALLY 
HARMFUL MATERIALS AND CONTAMINANTS. 
(a) NOTIFICATION REQUIRED.—In the case of a 
member of the Armed Forces who is exposed to a poten-
tially harmful material or contaminant, as determined by 
the Secretary of Defense, the Secretary shall, as soon as 
possible, notify the member, and in the case of a member 
of a reserve component, the State military department of 
the member, of the member’s exposure to such material 
or contaminant and any health risks associated with expo-
sure to such material or contaminant. 
(b) IN-THEATER NOTIFICATION.—If the Secretary of 
Defense determines that a member of the Armed Forces 
has been exposed to a potentially harmful material or con-
taminant while that member is deployed, the Secretary 
shall notify the member of such exposure under subsection 
(a) while that member is so deployed. 
SEC. 709. POST-DEPLOYMENT MENTAL HEALTH SCREENING 
DEMONSTRATION PROJECT. 
(a) DEMONSTRATION
PROJECT
REQUIRED.—The 
Secretary of Defense shall conduct a demonstration 
project to assess the feasibility and efficacy of providing 
a member of the Armed Forces with a post-deployment 
mental health screening that is conducted in person by a 
mental health provider.
309 
(b) ELEMENTS.—The demonstration project shall in-
clude, at a minimum, the following elements: 
(1) A combat stress evaluation conducted in 
person by a qualified mental health professional not 
later than 120 to 180 days after the date on which 
the member returns from combat theater. 
(2) Follow-ups by a case manager (who may or 
may not be stationed at the same military installa-
tion as the member) conducted by telephone at the 
following intervals after the initial post-deployment 
screening: 
(A) Six months. 
(B) 12 months. 
(C) 18 months. 
(D) 24 months. 
(c) REQUIREMENTS OF COMBAT STRESS EVALUA-
TION.—The combat stress evaluation required by sub-
section (b)(1) shall be designed to— 
(1) provide members of the Armed Forces with 
an objective mental health and traumatic brain in-
jury standard to screen for suicide risk factors; 
(2) ease post-deployment transition by allowing 
members to be honest in their assessments; 
(3) battle the stigma of depression and mental 
health problems among members and veterans; and
310 
(4) ultimately reduce the prevalence of suicide 
among veterans of Operation Iraqi Freedom and Op-
eration Enduring Freedom. 
(d) CONSULTATION.—The Secretary of Defense shall 
develop the demonstration project in consultation with the 
Secretary of Veterans Affairs and the Secretary of Health 
and Human Services. The Secretary of Defense may also 
coordinate the program with any accredited college, uni-
versity, hospital-based or community-based mental health 
center the Secretary considers appropriate. 
(e) SELECTION OF MILITARY INSTALLATION.—The 
demonstration project shall be conducted at two military 
installations, one active duty and one reserve component 
demobilization station, selected by the Secretary of De-
fense. The installations selected shall have members of the 
Armed Forces on active duty and members of the reserve 
components that use the installation as a training and op-
erating base, with members routinely deploying in support 
of operations in Iraq, Afghanistan, and other assignments 
related to the global war on terrorism. 
(f) PERSONNEL REQUIREMENTS.—The Secretary of 
Defense shall ensure an adequate number of the following 
personnel in the program: 
(1) Qualified mental health professionals that 
are licensed psychologists, psychiatrists, psychiatric
311 
nurses, licensed professional counselors, or clinical 
social workers. 
(2) Suicide prevention counselors. 
(g) TIMELINE.— 
(1) The demonstration project required by this 
section shall be implemented not later than Sep-
tember 30, 2010. 
(2) Authority for this demonstration project 
shall expire on September 30, 2012. 
(h) REPORTS.—The Secretary of Defense shall sub-
mit to the congressional defense committees— 
(1) a plan to implement the demonstration 
project, including site selection and criteria for 
choosing the site, not later than June 1, 2010; 
(2) an interim report every 180 days thereafter; 
and 
(3) a final report detailing the results not later 
than January 1, 2013. 
SEC. 710. REPORT ON JOINT VIRTUAL LIFETIME ELEC-
TRONIC RECORD. 
Not later than December 31, 2009, the Secretary of 
Defense, in coordination with the Secretary of Veterans 
Affairs, shall submit to Congress a report on the progress 
that has been made on the establishment, announced by 
the President on April 9, 2009, of a Joint Virtual Lifetime
312 
Electronic Record for members of the Armed Forces to 
improve the quality of medical care and create a seamless 
integration between the Department of Defense and the 
Department of Veterans Affairs. The report shall— 
(1) explain what steps compose the Secretaries’ 
plan to fully achieve the establishment of the seam-
less record system between the two departments; 
(2) identify any unforeseen obstacles that have 
arisen that may require legislative action; and 
(3) explain how the plan relates to the mandate 
in section 1635 of the National Defense Authoriza-
tion Act for Fiscal Year 2008 (Public Law 110–181; 
10 U.S.C. 1071 note) that the Secretary of Defense 
and the Secretary of the Department of Veterans 
Affairs jointly develop and implement, by September 
30, 2009, electronic health record systems or capa-
bilities that allow for full interoperability of personal 
health care information between the Department of 
Defense and the Department of Veterans Affairs. 
SEC. 710A. SUICIDE AMONG MEMBERS OF THE INDIVIDUAL 
READY RESERVE. 
(a) FINDINGS.—Congress finds that veterans who are 
members of the Individual Ready Reserve (in this section 
referred to as the ‘‘IRR’’) and are not assigned to units 
that muster regularly and have an established support
313 
structure are less likely to be helped by existing suicide 
prevention programs run by the Secretary of Defense and 
the Secretary of Veterans Affairs. 
(b) IN GENERAL.—The Secretary of Defense shall 
ensure that all covered members receive a counseling call 
from properly trained personnel not less than once every 
90 days so long as the member remains a member of the 
IRR. 
(c) PERSONNEL.—In carrying out this section, the 
Secretary shall ensure the following: 
(1) Personnel conducting calls determine the 
emotional, psychological, medical, and career needs 
and concerns of the covered member.
(2) Any covered member identified as being at- 
risk of self-caused harm is referred to the nearest 
military medical treatment facility or accredited 
TRICARE provider for immediate evaluation and 
treatment by a qualified mental health care provider. 
(3) If a covered member is identified under 
paragraph (2), the Secretary shall confirm that the 
member has received the evaluation and any nec-
essary treatment.
(d) REPORT.—Not later than January 31 of each 
year, beginning in 2010, the Secretary shall submit to 
Congress a report on the number of IRR members not
314 
assigned to units who have been referred for counseling 
or mental health treatment, as well as the health and ca-
reer status of such members. 
(e) COVERED MEMBER DEFINED.—In this section, a 
‘‘covered member’’ is a member of the Individual Ready 
Reserve who has completed at least one tour in either Iraq 
or Afghanistan. 
SEC. 710B. TREATMENT OF AUTISM UNDER TRICARE. 
(a) IN GENERAL.—Section 1077 of title 10, United 
States Code, is amended— 
(1) in subsection (a), by adding at the end the 
following new paragraph: 
‘‘(18) In accordance with subsection (g), treat-
ment of autism spectrum disorders.’’; and 
(2) by adding at the end the following new sub-
section: 
‘‘(g)(1) For purposes of subsection (a)(18), and to 
the extent that appropriated funds are available for the 
purposes of this subsection, treatment of autism spectrum 
disorders shall be provided if a health care professional 
determines that the treatment is medically necessary. 
Such treatment shall include the following: 
‘‘(A) Habilitative or rehabilitative care. 
‘‘(B) Pharmaceutical agents. 
‘‘(C) Psychiatric care.
315 
‘‘(D) Psychological care. 
‘‘(E) Speech therapy. 
‘‘(F) Occupational therapy. 
‘‘(G) Physical therapy. 
‘‘(H) Group therapy, if a health care profes-
sional determines it necessary to develop, maintain, 
or restore the skills of the beneficiary. 
‘‘(I) Any other care or treatment that a health 
care professional determines medically necessary. 
‘‘(2) Beneficiaries under the age of five who have de-
velopmental delays and are considered at-risk for autism 
may not be denied access to treatment described by para-
graph (1) if a health care professional determines that the 
treatment is medically necessary. 
‘‘(3) The Secretary may not consider the use of ap-
plied behavior analysis or other structured behavior pro-
grams under this section to be special education for pur-
poses of section 1079(a)(9) of this title. 
‘‘(4) In carrying out this subsection, the Secretary 
shall ensure that— 
‘‘(A) a person who is authorized to provide ap-
plied behavior analysis or other structured behavior 
programs is licensed or certified by a state, the Be-
havior Analyst Certification Board, or other accred-
ited national certification board; and
316 
‘‘(B) if applied behavior analysis or other struc-
tured behavior program is provided by an employee 
or contractor of a person authorized to provide such 
treatment, the employee or contractor shall meet 
minimum qualifications, training, and supervision 
requirements consistent with business best practices 
in the field of behavior analysis and autism services. 
‘‘(5)(A) This subsection shall not apply to a medi-
care-eligible beneficiary. 
‘‘(B) Except as provided in subparagraph (A), noth-
ing in this subsection shall be construed as limiting or oth-
erwise affecting the benefits provided to a medicare-eligi-
ble beneficiary under— 
‘‘(i) this chapter; 
‘‘(ii) part A of title XVIII of the Social Security 
Act (42 U.S.C. 1395c et seq.); or 
‘‘(iii) any other law. 
‘‘(6) In this section: 
‘‘(A) The term ‘autism spectrum disorders’ in-
cludes autistic disorder, Asperger’s syndrome, and 
any of the pervasive developmental disorders as de-
fined by the most recent edition of the Diagnostic 
and Statistical Manual of Mental Disorders. 
‘‘(B) The term ‘habilitative and rehabilitative 
care’ includes—
317 
‘‘(i) professional counseling; 
‘‘(ii) guidance service; 
‘‘(iii) treatment programs, including not 
more than 40 hours per week of applied behav-
ior analysis; and 
‘‘(iv) other structured behavior programs 
that a health care professional determines nec-
essary to develop, improve, maintain, or restore 
the functions of the beneficiary. 
‘‘(C) The term ‘health care professional’ has the 
meaning given that term in section 1094(e)(2) of 
this title. 
‘‘(D) The term ‘medicare-eligible’ has the 
meaning given that term in section 1111(b) of this 
title.’’. 
(b) REGULATIONS.—Not later than 180 days after 
the date of the enactment of this Act, the Secretary of 
Defense shall prescribe such regulations as may be nec-
essary to carry out section 1077(a)(18) of title 10, United 
States Code, as added by subsection (a). 
(c) FUNDING.— 
(1) FUNDING INCREASE.—The amount other-
wise provided by section 1403 for TRICARE fund-
ing is hereby increased by $50,000,000 to provide
318 
funds to carry out section 1077(a)(18) of title 10, 
United States Code, as added by subsection (a). 
(2) OFFSETTING REDUCTION.— 
(A) Reduce the amount of Operation and 
Maintenance, Army, by $25,000,000, to be de-
rived from the Service-wide Communications. 
(B) Reduce the amount of Operation and 
Maintenance, Navy, by $15,000,000, to be de-
rived from Service-wide Communications. 
(C) Reduce the amount of Research Devel-
opment Test and Evaluation, by $10,000,000, 
to be derived from Advanced Aerospace Sys-
tems Integrated Sensor IS Structure, PE 
68286E. 
Subtitle B—Reports 
SEC. 711. REPORT ON POST-TRAUMATIC STRESS DISORDER 
EFFORTS. 
(a) REPORT REQUIRED.—Not later than December 
31, 2010, the Secretary of Defense and the Secretary of 
Veterans Affairs, in consultation with the Secretary of 
Health and Human Services, shall jointly submit to the 
appropriate committees a report on the treatment of post- 
traumatic stress disorder. The report shall include the fol-
lowing:
319 
(1) A list of each program and method available 
for the prevention, screening, diagnosis, treatment, 
or rehabilitation of post-traumatic stress disorder, 
including— 
(A) the rates of success for each such pro-
gram or method (including an operational defi-
nition of the term ‘‘success’’ and a discussion of 
the process used to quantify such rates); 
(B) the number of members of the Armed 
Forces and veterans diagnosed by the Depart-
ment of Defense or the Department of Veterans 
Affairs as having post-traumatic stress disorder 
and the number of such veterans who have been 
successfully treated; and 
(C) any collaborative efforts between the 
Department of Defense and the Department of 
Veterans Affairs to prevent, screen, diagnose, 
treat, or rehabilitate post-traumatic stress dis-
order. 
(2) The status of studies and clinical trials in-
volving innovative treatments of post-traumatic 
stress disorder that are conducted by the Depart-
ment of Defense, the Department of Veterans Af-
fairs, or the private sector, including—
320 
(A) efforts to identify physiological mark-
ers of post-traumatic stress disorder; 
(B) with respect to efforts to determine 
causation of post-traumatic stress disorder, 
brain imaging studies and the correlation be-
tween brain region atrophy and post-traumatic 
stress disorder diagnoses and the results (in-
cluding any interim results) of such efforts; 
(C) the effectiveness of alternative thera-
pies in the treatment of post-traumatic stress 
disorder, including the therapeutic use of ani-
mals; 
(D) the effectiveness of administering 
pharmaceutical agents before, during, or after a 
traumatic event in the prevention and treat-
ment of post-traumatic stress disorder; and 
(E) identification of areas in which the De-
partment of Defense and the Department of 
Veterans Affairs may be duplicating studies, 
programs, or research with respect to post-trau-
matic stress disorder. 
(3) A description of each treatment program for 
post-traumatic stress disorder, including a compari-
son of the methods of treatment by each program, 
at the following locations:
321 
(A) Fort Hood, Texas. 
(B) Fort Bliss, Texas. 
(C) Fort Campbell, Tennessee. 
(D) Other locations the Secretary of De-
fense considers appropriate. 
(4) The respective annual expenditure by the 
Department of Defense and the Department of Vet-
erans Affairs for the treatment and rehabilitation of 
post-traumatic stress disorder. 
(5) A description of gender-specific and racial 
and ethnic group-specific mental health treatment 
and services available for members of the Armed 
Forces, including— 
(A) the availability of such treatment and 
services; 
(B) the access to such treatment and serv-
ices; 
(C) the need for such treatment and serv-
ices; and 
(D) the efficacy and adequacy of such 
treatment and services. 
(6) A description of areas for expanded future 
research with respect to post-traumatic stress dis-
order.
322 
(7) Any other matters the Secretaries consider 
relevant. 
(b) UPDATED REPORT REQUIRED.—Not later than 
December 31, 2012, the Secretary of Defense and the Sec-
retary of Veterans Affairs, in consultation with the Sec-
retary of Health and Human Services, shall jointly submit 
to the appropriate committees an update of the report re-
quired by subsection (a). 
(c) APPROPRIATE COMMITTEES DEFINED.—In this 
section, the term ‘‘appropriate committees’’ means— 
(1) the Committee on Armed Services, the 
Committee on Appropriations, the Committee on 
Veterans’ Affairs, and the Committee on Energy and 
Commerce of the House of Representatives; and 
(2) the Committee on Armed Services, the 
Committee on Appropriations, the Committee on 
Veterans’ Affairs, and the Committee on Health, 
Education, Labor, and Pensions of the Senate. 
SEC. 712. REPORT ON THE FEASIBILITY OF TRICARE PRIME 
IN CERTAIN COMMONWEALTHS AND TERRI-
TORIES OF THE UNITED STATES. 
(a) STUDY REQUIRED.—The Secretary of Defense 
shall conduct a study examining the feasibility and cost- 
effectiveness of offering TRICARE Prime in each of the 
following locations:
323 
(1) American Samoa. 
(2) Guam. 
(3) The Commonwealth of the Northern Mar-
iana Islands. 
(4) The Commonwealth of Puerto Rico. 
(5) The Virgin Islands. 
(b) REPORT.—Not later than 180 days after the date 
of the enactment of this Act, the Secretary shall submit 
to the congressional defense committees a report on the 
study. 
(c) TRICARE PRIME DEFINED.—In this section, the 
term ‘‘TRICARE Prime’’ has the meaning given that term 
in section 1097a(f)(1) of title 10, United States Code. 
SEC. 713. REPORT ON THE HEALTH CARE NEEDS OF MILI-
TARY FAMILY MEMBERS. 
(a) REPORT REQUIRED.—Not later than 1 year after 
the date of the enactment of this Act, the Secretary of 
Defense shall submit to the congressional defense commit-
tees a report on the health care needs of dependents (as 
defined in section 1072(2) of title 10, United States 
Code). The report shall include, at a minimum, the fol-
lowing: 
(1) With respect to both the direct care system 
and the purchased care system, an analysis of the
324 
type of health care facility in which dependents seek 
care. 
(2) The 10 most common medical conditions for 
which dependents seek care. 
(3) The availability of and access to health care 
providers to treat the conditions identified under 
paragraph (2), both in the direct care system and 
the purchased care system. 
(4) Any shortfalls in the ability of dependents 
to obtain required health care services. 
(5) Recommendations on how to improve access 
to care for dependents. 
(6) With respect to dependents accompanying a 
member stationed at a military installation outside 
of the United States, the need for and availability of 
mental health care services. 
(b) PILOT PROGRAM.— 
(1) ELEMENTS.—The Secretary of the Army 
shall carry out a pilot program on the mental health 
care needs of military children and adolescents. In 
carrying out the pilot program, the Secretary shall 
establish a center to— 
(A) develop teams to train primary care 
managers in mental health evaluations and
325 
treatment of common psychiatric disorders af-
fecting children and adolescents; 
(B) develop strategies to reduce barriers to 
accessing behavioral health services and encour-
age better use of the programs and services by 
children and adolescents; and 
(C) expand the evaluation of mental heath 
care using common indicators, including— 
(i) psychiatric hospitalization rates; 
(ii) 
non-psychiatric 
hospitalization 
rates; and 
(iii) mental health relative value units. 
(2) REPORTS.— 
(A) INTERIM REPORT.—Not later than 90 
days after establishing the pilot program, the 
Secretary of the Army shall submit to the con-
gressional defense committees a report describ-
ing the— 
(i) structure and mission of the pro-
gram; and 
(ii) the resources allocated to the pro-
gram. 
(B) FINAL REPORT.—Not later than Sep-
tember 30, 2012, the Secretary of the Army 
shall submit to the congressional defense com-
326 
mittees a report that addresses the elements de-
scribed under paragraph (1). 
SEC. 714. REPORT ON STIPENDS FOR MEMBERS OF RE-
SERVE COMPONENTS FOR HEALTH CARE FOR 
CERTAIN DEPENDENTS. 
Not later than 90 days after the date of the enact-
ment of this Act, the Secretary of Defense shall submit 
to the congressional defense committees a report on sti-
pends paid under section 704 of the National Defense Au-
thorization Act for Fiscal Year 2008 (Public Law 110– 
181; 122 Stat. 188; 10 U.S.C. 1076 note). The report 
shall include— 
(1) the number of stipends paid; 
(2) the amount of the average stipend; and 
(3) the number of members who received such 
stipends. 
SEC. 715. REPORT ON THE REQUIRED NUMBER OF MILI-
TARY MENTAL HEALTH PROVIDERS. 
Not later than 1 year after the date of the enactment 
of this Act, the Secretary of Defense shall submit to the 
congressional defense committees a report on the appro-
priate number of military mental health providers required 
to meet the mental health care needs of members of the 
Armed Forces, retired members, and dependents. The re-
port shall include, at a minimum, the following:
327 
(1) An evaluation of the recommendation titled 
‘‘Ensure an Adequate Supply of Uniformed Pro-
viders’’ made by the Department of Defense Task 
Force on Mental Health established by section 723 
of the National Defense Authorization Act for Fiscal 
Year 2006 (Public Law 109–163; 119 Stat. 3348). 
(2) The criteria and models used to determine 
the appropriate number of military mental health 
providers. 
(3) A plan for how the Secretary of Defense 
will achieve the appropriate number of military men-
tal health providers, including timelines, budgets, 
and any additional legislative authority the Secretary 
determines is required for such plan. 
SEC. 716. REPORT ON RURAL ACCESS TO HEALTH CARE. 
The Secretary of Defense shall submit to the congres-
sional defense committees a report on the health care of 
rural members of the Armed Forces and individuals who 
receive health care under chapter 55 of title 10, United 
States. The report shall include recommendations of re-
sources or legislation the Secretary determines necessary 
to improve access to health care for such individuals.
328 
TITLE VIII—ACQUISITION POL-
ICY, ACQUISITION MANAGE-
MENT, AND RELATED MAT-
TERS 
Subtitle A—Acquisition Policy and Management 
Sec. 801. Temporary authority to acquire products and services produced in 
countries along a major route of supply to Afghanistan; Re-
port. 
Sec. 802. Assessment of improvements in service contracting. 
Sec. 803. Display of annual budget requirements for procurement of contract 
services and related clarifying technical amendments. 
Sec. 804. Demonstration authority for alternative acquisition process for de-
fense information technology programs. 
Sec. 805. Limitation on performance of product support integrator functions. 
Subtitle B—Amendments to General Contracting Authorities, Procedures, and 
Limitations 
Sec. 811. Revision of Defense Supplement relating to payment of costs prior to 
definitization. 
Sec. 812. Revisions to definitions relating to contracts in Iraq and Afghanistan. 
Sec. 813. Amendment to notification requirements for awards of single source 
task or delivery orders. 
Sec. 814. Clarification of uniform suspension and debarment requirement. 
Sec. 815. Extension of authority for use of simplified acquisition procedures for 
certain commercial items. 
Sec. 816. Revision to definitions of major defense acquisition program and 
major automated information system. 
Sec. 817. Small Arms Production Industrial Base. 
Sec. 818. Publication of justification for bundling of contracts of the Depart-
ment of Defense. 
Sec. 819. Contract authority for advanced component development or prototype 
units. 
Subtitle C—Other Matters 
Sec. 821. Enhanced expedited hiring authority for defense acquisition workforce 
positions. 
Sec. 822. Acquisition Workforce Development Fund amendments. 
Sec. 823. Reports to Congress on full deployment decisions for major auto-
mated information system programs. 
Sec. 824. Requirement for Secretary of Defense to deny award and incentive 
fees to companies found to jeopardize health or safety of Gov-
ernment personnel. 
Sec. 825. Authorization for actions to correct the industrial resource shortfall 
for high-purity beryllium metal in amounts not in excess of 
$85,000,000. 
Sec. 826. Review of post employment restrictions applicable to the Department 
of Defense.
329 
Sec. 827. Requirement to buy military decorations, ribbons, badges, medals, in-
signia, and other uniform accouterments produced in the 
United States. 
Sec. 828. Findings and report on the usage of rare earth materials in the de-
fense supply chain. 
Sec. 829. Furniture standards. 
Subtitle A—Acquisition Policy and 
Management 
SEC. 801. TEMPORARY AUTHORITY TO ACQUIRE PRODUCTS 
AND SERVICES PRODUCED IN COUNTRIES 
ALONG A MAJOR ROUTE OF SUPPLY TO AF-
GHANISTAN; REPORT. 
(a) IN GENERAL.—In the case of a product or service 
to be acquired in support of military or stability operations 
in Afghanistan for which the Secretary of Defense makes 
a determination described in subsection (b), the Secretary 
may conduct a procurement in which— 
(1) competition is limited to products or serv-
ices that are from one or more countries along a 
major route of supply to Afghanistan; or 
(2) a preference is provided for products or 
services that are from one or more countries along 
a major route of supply to Afghanistan. 
(b) DETERMINATION.—A determination described in 
this subsection is a determination by the Secretary that— 
(1) the product or service concerned is to be 
used only by personnel that ship goods, or provide 
support for shipping goods, for military forces, po-
330 
lice, or other security personnel of Afghanistan, or 
for military or civilian personnel of the United 
States, United States allies, or Coalition partners 
operating in military or stability operations in Af-
ghanistan; 
(2) it is in the national security interest of the 
United States to limit competition or provide a pref-
erence as described in subsection (a) because such 
limitation or preference is necessary— 
(A) to reduce overall United States trans-
portation costs and risks in shipping goods in 
support of military or stability operations in Af-
ghanistan; 
(B) to encourage countries along a major 
route of supply to Afghanistan to cooperate in 
expanding supply routes through their territory 
in support of military or stability operations in 
Afghanistan; or 
(C) to help develop more robust and endur-
ing routes of supply to Afghanistan; and 
(3) limiting competition or providing a pref-
erence as described in subsection (a) will not ad-
versely affect— 
(A) military or stability operations in Af-
ghanistan; or
331 
(B) the United States industrial base. 
(c) PRODUCTS, SERVICES, AND SOURCES FROM A 
COUNTRY ALONG A MAJOR ROUTE OF SUPPLY TO AF-
GHANISTAN.—For the purposes of this section: 
(1) A product is from a country along a major 
route of supply to Afghanistan if it is mined, pro-
duced, or manufactured in a covered country. 
(2) A service is from a country along a major 
route of supply to Afghanistan if it is performed in 
a covered country by citizens or permanent resident 
aliens of a covered country. 
(3) A source is from a country along a major 
route of supply to Afghanistan if it— 
(A) is located in a covered country; and 
(B) offers products or services that are 
from a covered country. 
(d) COVERED COUNTRY DEFINED.—In this section, 
the term ‘‘covered country’’ means Georgia, Kyrgyzstan, 
Pakistan, Armenia, Azerbaijan, Kazakhstan, Tajikistan, 
Uzbekistan, or Turkmenistan. 
(e) CONSTRUCTION WITH OTHER AUTHORITY.—The 
authority provided in subsection (a) is in addition to the 
authority set forth in section 886 of the National Defense 
Authorization Act for Fiscal Year 2008 (Public Law 110– 
181; 122 Stat. 266; 10 U.S.C. 2302 note).
332 
(f) TERMINATION OF AUTHORITY.—The Secretary of 
Defense may not exercise the authority provided in sub-
section (a) on and after the date occurring 18 months 
after the date of the enactment of this Act. 
(g) REPORT ON AUTHORITY.—Not later than April 
1, 2010, the Secretary of Defense shall submit to the con-
gressional defense committees a report on the use of the 
authority provided in subsection (a). The report shall ad-
dress, at a minimum, following: 
(1) The number of determinations made by the 
Secretary pursuant to subsection (b). 
(2) A description of the products and services 
acquired using the authority. 
(3) The extent to which the use of the authority 
has met the objectives of subparagraph (A), (B), or 
(C) of subsection (b)(2). 
(4) A list of the countries providing products or 
services as a result of a determination made pursu-
ant to subsection (b). 
(5) Any recommended modifications to the au-
thority. 
SEC. 802. ASSESSMENT OF IMPROVEMENTS IN SERVICE 
CONTRACTING. 
(a) ASSESSMENT REQUIRED.—The Under Secretary 
of Defense for Acquisition, Technology, and Logistics shall
333 
provide for an independent assessment of improvements 
in the procurement and oversight of services by the De-
partment of Defense. The assessment shall be conducted 
by a federally funded research and development center se-
lected by the Under Secretary. 
(b) MATTERS COVERED.—The assessment required 
by subsection (a) shall include the following: 
(1) An assessment of the quality and complete-
ness of guidance relating to the procurement of serv-
ices, including implementation of statutory and regu-
latory authorities and requirements. 
(2) A determination of the extent to which best 
practices are being developed for setting require-
ments and developing statements of work. 
(3) A determination of whether effective stand-
ards to measure performance have been developed. 
(4) An assessment of the effectiveness of peer 
reviews within the Department of Defense of con-
tracts for services and whether such reviews are 
being conducted at the appropriate dollar threshold. 
(5) An assessment of the management structure 
for the procurement of services, including how the 
military departments and Defense Agencies have im-
plemented section 2330 of title 10, United States 
Code.
334 
(6) A determination of whether the performance 
savings goals required by section 802 of the Na-
tional Defense Authorization Act for Fiscal Year 
2002 (10 U.S.C. 2330 note) are being achieved. 
(7) An assessment of the effectiveness of the 
Acquisition Center of Excellence for Services estab-
lished pursuant to section 1431(b) of the Services 
Acquisition Reform Act of 2003 (title XIV of Public 
Law 108–136; 117 Stat. 1671; 41 U.S.C. 405 note) 
and the feasibility of creating similar centers of ex-
cellence in the military departments. 
(8) An assessment of the quality and sufficiency 
of the acquisition workforce for the procurement and 
oversight of services. 
(9) Such other related matters as the Under 
Secretary considers appropriate. 
(c) REPORT.—Not later than March 10, 2010, the 
Under Secretary shall submit to the congressional defense 
committees a report on the results of the assessment, in-
cluding such comments and recommendations as the 
Under Secretary considers appropriate.
335 
SEC. 803. DISPLAY OF ANNUAL BUDGET REQUIREMENTS 
FOR PROCUREMENT OF CONTRACT SERV-
ICES AND RELATED CLARIFYING TECHNICAL 
AMENDMENTS. 
(a) CODIFICATION
OF REQUIREMENT
FOR SPECI-
FICATION OF AMOUNTS REQUESTED FOR PROCUREMENT 
OF CONTRACT SERVICES.— 
(1) IN GENERAL.—Chapter 9 of title 10, United 
States Code, is amended by inserting after section 
235, as added by section 242(a) of this Act, the fol-
lowing new section: 
‘‘§ 236. Procurement of contract services: specifica-
tion of amounts requested in budget 
‘‘(a) SUBMISSION WITH ANNUAL BUDGET JUS-
TIFICATION DOCUMENTS.—The Secretary of Defense shall 
submit to the President, as a part of the defense budget 
materials for a fiscal year, information described in sub-
section (b) with respect to the procurement of contract 
services. 
‘‘(b) INFORMATION PROVIDED.—For each budget ac-
count, the materials submitted shall clearly and separately 
identify— 
‘‘(1) the amount requested for the procurement 
of contract services for each Department of Defense 
component, installation, or activity;
336 
‘‘(2) the amount requested for each type of 
service to be provided; and 
‘‘(3) the number of full-time contractor employ-
ees (or the equivalent of full-time in the case of 
part-time contractor employees) projected and justi-
fied for each Department of Defense component, in-
stallation, or activity based on the inventory of con-
tracts for services required by subsection (c) of sec-
tion 2330a of this title and the review required by 
subsection (e) of such section. 
‘‘(c) DEFINITIONS.—In this section: 
‘‘(1) The term ‘contract services’— 
‘‘(A) means services from contractors; but 
‘‘(B) excludes services relating to research 
and development and services relating to mili-
tary construction. 
‘‘(2) The term ‘defense budget materials’, with 
respect to a fiscal year, means the materials sub-
mitted to the President by the Secretary of Defense 
in support of the budget for that fiscal year. 
‘‘(3) The term ‘budget’, with respect to a fiscal 
year, means the budget for that fiscal year that is 
submitted to Congress by the President under sec-
tion 1105(a) of title 31.’’.
337 
(2) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of such chapter is amended 
by adding at the end the following new item: 
‘‘236. Procurement of contract services: specification of amounts requested in 
budget.’’. 
(3) REPEAL OF SUPERSEDED PROVISION.—Sec-
tion 806 of the National Defense Authorization Act 
for Fiscal Year 2008 (Public Law 110–181; 10 
U.S.C. 221 note) is repealed. 
(b) CLARIFICATION OF CONTRACT SERVICES REVIEW 
AND PLANNING REQUIREMENTS.—Section 2330a(e) of 
title 10, United States Code, is amended in paragraph (4) 
by inserting after ‘‘plan’’ the following: ‘‘and a contracts 
services requirements approval process’’. 
SEC. 804. DEMONSTRATION AUTHORITY FOR ALTERNATIVE 
ACQUISITION PROCESS FOR DEFENSE INFOR-
MATION TECHNOLOGY PROGRAMS. 
(a) AUTHORITY.—The Secretary of Defense may des-
ignate up to 10 information technology programs annually 
to be included in a demonstration of an alternative acqui-
sition process for rapidly acquiring information technology 
capabilities. In designating the programs, the Secretary 
may select any information technology program in any of 
the military departments or Defense Agencies that has re-
ceived milestone A approval, but has not yet received mile-
stone B approval.
338 
(b) PROCEDURES.—The Secretary of Defense shall 
establish procedures for the exercise of the authority 
under subsection (a), including a process for measuring 
the effectiveness of the alternative acquisition process to 
be demonstrated. The Secretary of Defense shall notify 
the congressional defense committees of those procedures 
before any exercise of that authority. 
(c) REQUIREMENT TO PAY FULL COST IN YEAR OF 
DELIVERY.—No contract to acquire an information tech-
nology system may be entered into using the authority 
under subsection (a) unless the funds for the full cost of 
such system are obligated or expended in the fiscal year 
of delivery of the system. 
(d) ANNUAL REPORT.—By March 1 of each year, be-
ginning March 1, 2010, and ending March 1, 2016, the 
Secretary of Defense shall submit to the congressional de-
fense committees a report on the activities carried out 
under the authority under subsection (a) during the pre-
ceding year. Each report shall include, at a minimum, the 
following: 
(1) A description of each information tech-
nology program in the demonstration, including 
goals, funding, and military department or Defense 
Agency sponsors.
339 
(2) A description of the methods for measuring 
the effectiveness of the alternative acquisition proc-
ess for each information technology program in the 
demonstration. 
(3) Identification of any significant systemic or 
process issues impeding the effectiveness of the al-
ternative acquisition process. 
(e) PERIOD OF AUTHORITY.—The authority under 
subsection (a) shall be in effect during each of fiscal years 
2010 through 2015. 
SEC. 805. LIMITATION ON PERFORMANCE OF PRODUCT 
SUPPORT INTEGRATOR FUNCTIONS. 
(a) LIMITATION.— 
(1) IN
GENERAL.—Chapter 141 of title 10, 
United States Code, is amended by adding at the 
end the following new section: 
‘‘§ 2410r. Contractor sustainment support arrange-
ments: limitation on product support in-
tegrator functions 
‘‘(a) LIMITATION.—A product support integrator 
function for a covered major system may be performed 
only by a member of the armed forces or an employee of 
the Department of Defense. 
‘‘(b) DEFINITIONS.—In this section:
340 
‘‘(1) The term ‘product support integrator func-
tion’ means the function of integrating all sources of 
support for a major system, both public and private, 
and includes the integration of sustainment support 
arrangements at the level of the program office re-
sponsible for sustainment of such system. 
‘‘(2) The term ‘covered major system’ means a 
major system for which a sustainment support ar-
rangement is employed. 
‘‘(3) The term ‘sustainment support arrange-
ment’ means a contract, task order, or other con-
tractual 
arrangement 
for 
the 
integration 
of 
sustainment or logistics support such as materiel 
management, configuration management, data man-
agement, supply, distribution, repair, overhaul, prod-
uct improvement, calibration, maintenance, readi-
ness, reliability, availability, mean down time, cus-
tomer wait time, foot print reduction, reduced own-
ership costs and other tasks normally performed as 
part of the logistics support required for a major 
system. The term includes any of the following ar-
rangements: 
‘‘(A) Contractor performance-based logis-
tics. 
‘‘(B) Contractor sustainment support.
341 
‘‘(C) Contractor logistics support. 
‘‘(D) Contractor life cycle product support. 
‘‘(E) Contractor weapons system product 
support. 
‘‘(3) The term ‘major system’ means that com-
bination of elements that will function together to 
produce the capabilities required to fulfill a mission 
need as defined in section 2302(d) this title.’’. 
(2) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of such chapter is amended 
by adding after the item relating to section 2410q 
the following new item: 
‘‘2410r. Contractor sustainment support arrangements: limitation on product 
support integrator functions.’’. 
(b) EFFECTIVE DATE.—Section 2410r of title 10, 
United States Code, as added by subsection (a), shall 
apply to contracts entered into after September 30, 2010. 
Subtitle B—Amendments to Gen-
eral 
Contracting 
Authorities, 
Procedures, and Limitations 
SEC. 811. REVISION OF DEFENSE SUPPLEMENT RELATING 
TO 
PAYMENT 
OF 
COSTS 
PRIOR 
TO 
DEFINITIZATION. 
(a) REQUIREMENT.—Not later than 180 days after 
the date of the enactment of this Act, the Secretary of 
Defense shall revise the Defense Supplement to the Fed-
342 
eral Acquisition Regulation to require that, if a clause re-
lating to payment of costs prior to definitization of costs 
is included in a contract of the Department of Defense, 
the clause shall apply— 
(1) to the contract regardless of the type of 
contract; and 
(2) to each contractual action pursuant to the 
contract. 
(b) CONTRACTUAL ACTION.—In this section, the 
term ‘‘contractual action’’ includes a task order or delivery 
order. 
SEC. 812. REVISIONS TO DEFINITIONS RELATING TO CON-
TRACTS IN IRAQ AND AFGHANISTAN. 
(a) REVISIONS
TO DEFINITION
OF CONTRACT
IN 
IRAQ OR AFGHANISTAN.—Section 864(a)(2) of the Na-
tional Defense Authorization Act for Fiscal Year 2008 
(Public Law 110–181; 122 Stat. 258; 10 U.S.C. 2302 
note) is amended— 
(1) by striking ‘‘or a task order or delivery 
order at any tier issued under such a contract’’ and 
inserting ‘‘a task order or delivery order at any tier 
issued under such a contract, a grant, or a coopera-
tive agreement’’;
343 
(2) by striking in the parenthetical ‘‘or task 
order or delivery order’’ and inserting ‘‘task order, 
delivery order, grant, or cooperative agreement’’; 
(3) by striking ‘‘or task or delivery order’’ after 
the parenthetical and inserting ‘‘task order, delivery 
order, grant, or cooperative agreement’’; and 
(4) by striking ‘‘14 days’’ and inserting ‘‘30 
days’’. 
(b) REVISION TO DEFINITION OF COVERED CON-
TRACT.—Section 864(a)(3) of such Act (Public Law 110– 
181; 122 Stat. 259; 10 U.S.C. 2302 note) is amended— 
(1) by striking ‘‘or’’ at the end of subparagraph 
(B); 
(2) by striking the period and inserting a semi-
colon at the end of subparagraph (C); and 
(3) by adding at the end the following new sub-
paragraphs: 
‘‘(D) a grant for the performance of serv-
ices in an area of combat operations, as des-
ignated by the Secretary of Defense under sub-
section (c) of section 862; or 
‘‘(E) a cooperative agreement for the per-
formance of services in such an area of combat 
operations.’’.
344 
(c) REVISION TO DEFINITION OF CONTRACTOR.— 
Paragraph (4) of section 864(a) of such Act (Public Law 
110–181; 122 Stat. 259; 10 U.S.C. 2302 note) is amended 
to read as follows: 
‘‘(4) CONTRACTOR.—The term ‘contractor’, 
with respect to a covered contract, means— 
‘‘(A) in the case of a covered contract that 
is a contract, subcontract, task order, or deliv-
ery order, the contractor or subcontractor car-
rying out the covered contract; 
‘‘(B) in the case of a covered contract that 
is a grant, the grantee; and 
‘‘(C) in the case of a covered contract that 
is a cooperative agreement, the recipient.’’. 
(d) REVISION IN VALUE OF CONTRACTS COVERED BY 
CERTAIN REPORT.—Section 1248(c)(1)(B) of such Act 
(Public Law 110–181; 122 Stat. 400) is amended by strik-
ing ‘‘$25,000’’ and inserting ‘‘$100,000’’. 
SEC. 813. AMENDMENT TO NOTIFICATION REQUIREMENTS 
FOR AWARDS OF SINGLE SOURCE TASK OR 
DELIVERY ORDERS. 
(a) CONGRESSIONAL DEFENSE COMMITTEES.—Sub-
paragraph (B) of section 2304a(d)(3) of title 10, United 
States Code, is amended to read as follows:
345 
‘‘(B) The head of the agency shall notify the congres-
sional defense committees within 30 days after any deter-
mination under clause (i), (ii), (iii), or (iv) of subpara-
graph (A).’’. 
(b) CONGRESSIONAL INTELLIGENCE COMMITTEES.— 
Any notification provided under subparagraph (B) of sec-
tion 2304a(d)(3) of title 10, United States Code, as 
amended by subsection (a), shall also be provided to the 
Permanent Select Committee on Intelligence of the House 
of Representatives and the Select Committee on Intel-
ligence of the Senate if the source of funds for the task 
or delivery order contract concerned is the National Intel-
ligence Program or the Military Intelligence Program. 
SEC. 814. CLARIFICATION OF UNIFORM SUSPENSION AND 
DEBARMENT REQUIREMENT. 
Section 2455(a) of the Federal Acquisition Stream-
lining Act of 1994 (31 U.S.C. 6101 note) is amended by 
inserting ‘‘at any level, including subcontracts at any 
tier,’’ in the second sentence after ‘‘any procurement or 
nonprocurement activity’’. 
SEC. 815. EXTENSION OF AUTHORITY FOR USE OF SIM-
PLIFIED 
ACQUISITION 
PROCEDURES 
FOR 
CERTAIN COMMERCIAL ITEMS. 
Section 4202 of the Clinger–Cohen Act of 1996 (Di-
vision D of Public Law 104–106; 110 Stat. 652; 10 U.S.C.
346 
2304 note) as amended by section 822 of the National 
Defense Authorization Act for Fiscal Year 2008 (Public 
Law 110–181; 122 Stat. 226) is amended in subsection 
(e) by striking ‘‘2010’’ and inserting ‘‘2012’’. 
SEC. 816. REVISION TO DEFINITIONS OF MAJOR DEFENSE 
ACQUISITION PROGRAM AND MAJOR AUTO-
MATED INFORMATION SYSTEM. 
(a) MAJOR DEFENSE ACQUISITION PROGRAM.—Sec-
tion 2430 of title 10, United States Code, is amended by 
adding at the end the following new subsection: 
‘‘(d) In the case of a Department of Defense acquisi-
tion program that, by reason of paragraph (2) of section 
2445a(a) of this title, is a major automated information 
system program under chapter 144A of this title and that, 
by reason of paragraph (2) of subsection (a), is a major 
defense acquisition program under this chapter, the Sec-
retary of Defense may designate that program to be treat-
ed only as a major automated information system program 
or to be treated only as a major defense acquisition pro-
gram.’’. 
(b) MAJOR AUTOMATED INFORMATION SYSTEM.— 
Section 2445a(a) of such title is amended by inserting 
‘‘that is not a highly sensitive classified program (as deter-
mined by the Secretary of Defense)’’ after ‘‘(either as a 
product or service)’’.
347 
SEC. 817. SMALL ARMS PRODUCTION INDUSTRIAL BASE. 
Section 2473 of title 10, United States Code, is 
amended— 
(1) by amending subsection (c) to read as fol-
lows: 
‘‘(c) 
SMALL
ARMS
PRODUCTION
INDUSTRIAL 
BASE.—In this section, the term ‘small arms production 
industrial base’ means the persons and organizations that 
are engaged in the production or maintenance of small 
arms within the United States.’’; and 
(2) in subsection (d), by adding at the end the 
following new paragraph: 
‘‘(6) Pistols.’’. 
SEC. 818. PUBLICATION OF JUSTIFICATION FOR BUNDLING 
OF CONTRACTS OF THE DEPARTMENT OF DE-
FENSE. 
(a) REQUIREMENT TO PUBLISH JUSTIFICATION FOR 
BUNDLING.—A contracting officer of the Department of 
Defense carrying out a covered acquisition shall publish 
the justification required by paragraph (f) of subpart 
7.107 of the Federal Acquisition Regulation on the 
website known as FedBizOpps.gov (or any successor site) 
30 days prior to the release of a solicitation for such acqui-
sition.
348 
(b) COVERED ACQUISITION DEFINED.—In this sec-
tion, the term ‘‘covered acquisition’’ means an acquisition 
that is— 
(1) funded entirely using funds of the Depart-
ment of Defense; and 
(2) covered by subpart 7.107 of the Federal Ac-
quisition Regulation (relating to acquisitions involv-
ing bundling). 
(c) CONSTRUCTION.—(1) Nothing in this section 
shall be construed to alter the responsibility of a con-
tracting officer to provide the justification referred to in 
subsection (a) with respect to a covered acquisition, or 
otherwise provide notification, to any party concerning 
such acquisition under any other requirement of law or 
regulation. 
(2) Nothing in this section shall be construed to re-
quire the public availability of information that is exempt 
from public disclosure under section 552(b) of title 5, 
United States Code, or is otherwise restricted from public 
disclosure by law or Executive order. 
(3) Nothing in this section shall be construed to re-
quire a contracting officer to delay the issuance of a solici-
tation in order to meet the requirements of subsection (a) 
if the expedited issuance of such solicitation is otherwise
349 
authorized under any other requirement of law or regula-
tion. 
SEC. 819. CONTRACT AUTHORITY FOR ADVANCED COMPO-
NENT DEVELOPMENT OR PROTOTYPE UNITS. 
(a) AUTHORITY.—A contract initially awarded from 
the competitive selection of a proposal resulting from a 
general solicitation referred to in section 2302(2)(B) of 
title 10, United States Code, may contain a contract op-
tion for— 
(1) the provision of advanced component devel-
opment and prototype of technology developed in the 
initial underlying contract; or 
(2) the delivery of initial or additional prototype 
items if the item or a prototype thereof is created 
as the result of work performed under the initial 
competed research contract. 
(b) DELIVERY.—A contract option as described in 
subsection (a)(2) shall require the delivery of the minimal 
amount of initial or additional prototype items to allow 
for the timely competitive solicitation and award of a fol-
low-on development or production contract for those items. 
Such contract option may have a value only up to three 
times the value of the base contract ceiling and any subse-
quent development or procurement must be subject to the 
terms of section 2304 of title 10, United States Code.
350 
(c) TERM.—A contract option as described in sub-
section (a)(1) shall be for a term of not more than 12 
months. 
(d) USE OF AUTHORITY.—Each military department 
may use the authority provided in subsection (a) to exer-
cise a contract option described in that subsection up to 
four times a year, and the Secretary of Defense may ap-
prove up to an additional four total options a year for 
projects supported by agencies of the Department of De-
fense, until September 30, 2014. 
(e) REPORT.—The Secretary of Defense shall submit 
to the congressional defense committees a report on the 
use of the authority provided by subsection (a) not later 
than March 1, 2014. The report shall, at a minimum, de-
scribe— 
(1) the number of times the contract options 
were exercised under such authority and the scope of 
each such option; 
(2) the circumstances that rendered the mili-
tary department or defense agency unable to solicit 
and award a follow-on development or production 
contract in a timely fashion, but for the use of such 
authority; 
(3) the extent to which such authority increased 
competition and improved technology transition; and
351 
(4) any recommendations regarding the modi-
fication or extension of such authority. 
Subtitle C—Other Matters 
SEC. 821. ENHANCED EXPEDITED HIRING AUTHORITY FOR 
DEFENSE ACQUISITION WORKFORCE POSI-
TIONS. 
(a) IN GENERAL.—Section 1705(h)(1) of title 10, 
United States Code, is amended— 
(1) in subparagraph (A), by striking ‘‘acquisi-
tion positions within the Department of Defense as 
shortage category positions’’ and inserting ‘‘acquisi-
tion workforce positions as positions for which there 
exists a shortage of candidates or there is a critical 
hiring need’’; and 
(2) in subparagraph (B), by striking ‘‘highly’’. 
(b) TECHNICAL AMENDMENT.—Such section is fur-
ther amended by striking ‘‘United States Code,’’ in the 
matter preceding subparagraph (A). 
SEC. 822. ACQUISITION WORKFORCE DEVELOPMENT FUND 
AMENDMENTS. 
(a) REVISIONS TO CREDITS TO FUND.— 
(1) REMITTANCE BY FISCAL YEAR INSTEAD OF 
QUARTER.—Subparagraph (B) of section 1705(d)(2) 
of title 10, United States Code, is amended—
352 
(A) in the first sentence, by striking ‘‘the 
third fiscal year quarter’’ and all that follows 
through ‘‘thereafter’’ and inserting ‘‘each fiscal 
year’’; and 
(B) by striking ‘‘quarter’’ before ‘‘for serv-
ices’’. 
(2) AUTHORITY TO SUSPEND REMITTANCE RE-
QUIREMENT.—Section 1705(d)(2) of such title is 
further amended by adding at the end the following 
new subparagraph: 
‘‘(E) The Secretary of Defense may suspend 
the requirement to remit amounts under subpara-
graph (B), or reduce the amount required to be re-
mitted under that subparagraph, for fiscal year 
2010 or any subsequent fiscal year for which 
amounts appropriated to the Fund are in excess of 
the amount specified for that fiscal year in subpara-
graph (D).’’. 
(b) REVISION TO EMPLOYEES COVERED BY PROHIBI-
TION OF PAYMENT OF BASE SALARY.—Paragraph (5) of 
section 1705(e) of such title is amended by striking ‘‘who 
was an employee of the Department as of the date of the 
enactment of the National Defense Authorization Act for 
Fiscal Year 2008’’ and inserting ‘‘who, as of January 28,
353 
2008, was an employee of the Department serving in a 
position in the acquisition workforce’’. 
(c) TECHNICAL AMENDMENTS.—Section 1705 of 
such title is further amended— 
(1) in subsection (a), by inserting ‘‘Develop-
ment’’ after ‘‘Workforce’’; and 
(2) in subsection (f), by striking ‘‘beginning 
with fiscal year 2008’’ in the matter preceding para-
graph (1). 
SEC. 823. REPORTS TO CONGRESS ON FULL DEPLOYMENT 
DECISIONS FOR MAJOR AUTOMATED INFOR-
MATION SYSTEM PROGRAMS. 
(a) 
IMPLEMENTATION
SCHEDULE.—Section 
2445b(b)(2) of title 10, United States Code, is amended 
by striking ‘‘, initial operational capability, and full oper-
ational capability’’ and inserting ‘‘and full deployment de-
cision’’. 
(b) CRITICAL
CHANGES
IN
PROGRAM.—Section 
2445c(d)(2)(A) of such title is amended by striking ‘‘ini-
tial operational capability’’ and inserting ‘‘a full deploy-
ment decision’’.
354 
SEC. 824. REQUIREMENT FOR SECRETARY OF DEFENSE TO 
DENY AWARD AND INCENTIVE FEES TO COM-
PANIES FOUND TO JEOPARDIZE HEALTH OR 
SAFETY OF GOVERNMENT PERSONNEL. 
(a) REQUIREMENT TO DENY AWARD AND INCENTIVE 
FEES.— 
(1) PRIME
CONTRACTORS.—The Secretary of 
Defense shall prohibit the payment of award and in-
centive fees to any defense contractor— 
(A) that has been determined, through a 
criminal, civil, or administrative proceeding that 
results in a disposition listed in subsection (c), 
in the performance of a covered contract to 
have caused serious bodily injury or death to 
any civilian or military personnel of the Govern-
ment through gross negligence or with reckless 
disregard for the safety of such personnel; or 
(B) that awarded a subcontract under a 
covered contract to a subcontractor that has 
been determined, through a criminal, civil, or 
administrative proceeding that results in a dis-
position listed in subsection (c), in the perform-
ance of the subcontract to have caused serious 
injury or death to any civilian or military per-
sonnel of the Government, through gross neg-
ligence or with reckless disregard for the safety
355 
of such personnel, but only to the extent that 
the defense contractor has been determined 
(through such a proceeding that results in such 
a disposition) that the defense contractor is also 
liable for such actions of the subcontractor. 
(2) SUBCONTRACTORS.—The Secretary of De-
fense shall prohibit the payment of award and incen-
tive fees to any subcontractor under a covered con-
tract that has been determined, through a criminal, 
civil, or administrative proceeding that results in a 
disposition listed in subsection (c), in the perform-
ance of a covered contract to have caused serious 
bodily injury or death to any civilian or military per-
sonnel of the Government through gross negligence 
or with reckless disregard for the safety of such per-
sonnel. 
(b) DETERMINATION
OF DEBARMENT.—Not later 
than 90 days after a determination pursuant to subsection 
(a)(1) has been made, the Secretary shall determine 
whether the defense contractor should be debarred from 
contracting with the Department of Defense. 
(c) LIST OF DISPOSITIONS IN CRIMINAL, CIVIL, OR 
ADMINISTRATIVE PROCEEDINGS.—For purposes of sub-
section (a), the dispositions listed in this subsection are 
as follows:
356 
(1) In a criminal proceeding, a conviction. 
(2) In a civil proceeding, a finding of fault and 
liability that results in the payment of a monetary 
fine, penalty, reimbursement, restitution, or damages 
of $5,000 or more. 
(3) In an administrative proceeding, a finding 
of fault and liability that results in— 
(A) the payment of a monetary fine or 
penalty of $5,000 or more; or 
(B) the payment of a reimbursement, res-
titution, or damages in excess of $100,000. 
(4) To the maximum extent practicable and 
consistent with applicable laws and regulations, in a 
criminal, civil, or administrative proceeding, a dis-
position of the matter by consent or compromise 
with an acknowledgment of fault by the person if the 
proceeding could have led to any of the outcomes 
specified in paragraph (1), (2), or (3). 
(d) WAIVER.—The prohibition required by subsection 
(a) may be waived by the Secretary of Defense on a case- 
by-case basis if the Secretary finds that the prohibition 
would jeopardize national security. The Secretary shall no-
tify the congressional defense committees of any exercise 
of the waiver authority under this subsection. 
(e) DEFINITIONS.—In this section:
357 
(1) The term ‘‘defense contractor’’ means a 
company awarded a covered contract. 
(2) The term ‘‘covered contract’’ means a con-
tract awarded by the Department of Defense for the 
procurement of goods or services. 
(3) The term ‘‘serious bodily injury’’ means a 
grievous physical harm that results in a permanent 
disability. 
(f) REGULATIONS.—Not later than 180 days after 
the date of the enactment of this Act, the Secretary of 
Defense shall prescribe regulations to implement the pro-
hibition required by subsection (a) and shall establish in 
such regulations— 
(1) that the prohibition applies only to award 
and incentive fees under the covered contract con-
cerned; 
(2) the extent of the award and incentive fees 
covered by the prohibition, but shall include, at a 
minimum, all award and incentive fees associated 
with the performance of the covered contract in the 
year in which the serious bodily injury or death re-
sulting in a disposition listed in subsection (c) oc-
curred; and 
(3) mechanisms for recovery by or repayment to 
the Government of award and incentive fees paid to
358 
a contractor or subcontractor under a covered con-
tract prior to the determination. 
(g) EFFECTIVE DATE.—The prohibition required by 
subsection (a) shall apply to covered contracts awarded on 
or after the date occurring 180 days after the date of the 
enactment of this Act. 
SEC. 825. AUTHORIZATION FOR ACTIONS TO CORRECT THE 
INDUSTRIAL 
RESOURCE 
SHORTFALL 
FOR 
HIGH-PURITY 
BERYLLIUM 
METAL 
IN 
AMOUNTS NOT IN EXCESS OF $85,000,000. 
With respect to actions by the President under sec-
tion 303 of the Defense Production Act of 1950 (50 
U.S.C. App. 2093) to correct the industrial resource short-
fall for high-purity beryllium metal, the limitation in sub-
section (a)(6)(C) of such section shall be applied by sub-
stituting ‘‘$85,000,000’’ for ‘‘$50,000,000’’. 
SEC. 826. REVIEW OF POST EMPLOYMENT RESTRICTIONS 
APPLICABLE TO THE DEPARTMENT OF DE-
FENSE. 
(a) REVIEW REQUIRED.—The Panel on Contracting 
Integrity, established pursuant to section 813 of the John 
Warner National Defense Authorization Act for Fiscal 
Year 2007 (Public Law 109–364), shall review policies re-
lating to post-employment restrictions on former Depart-
ment of Defense personnel to determine whether such poli-
359 
cies adequately protect the public interest, without unrea-
sonably limiting future employment options for former De-
partment of Defense personnel. 
(b) MATTERS CONSIDERED.—In performing the re-
view required by subsection (a), the Panel shall consider 
the extent to which current post-employment restric-
tions— 
(1) appropriately protect the public interest by 
preventing personal conflicts of interests and pre-
venting former Department of Defense officials from 
exercising undue or inappropriate influence on the 
Department of Defense; 
(2) appropriately require disclosure of personnel 
accepting employment with contractors of the De-
partment of Defense involving matters related to 
their official duties; 
(3) use appropriate thresholds, in terms of sal-
ary or duties, for the establishment of such restric-
tions; 
(4) are sufficiently straightforward and have 
been explained to personnel of the Department of 
Defense so that such personnel are able to avoid po-
tential violations of post-employment restriction and 
conflicts of interest in interactions with former per-
sonnel of the Department;
360 
(5) adequately address personnel performing 
duties in acquisition-related activities that are not 
covered by current restrictions relating to private 
sector employment following employment with the 
Department of Defense and procurement integrity, 
such as personnel involved in— 
(A) the establishment of requirements; 
(B) testing and evaluation; and 
(C) the development of doctrine; 
(6) ensure that the Department of Defense has 
access to world-class talent, especially with respect 
to highly qualified technical, engineering, and acqui-
sition expertise; and 
(7) ensure that service in the Department of 
Defense remains an attractive career option. 
(c) COMPLETION OF THE REVIEW.—The Panel shall 
complete the review required by subsection (a) not later 
than 1 year after the date of the enactment of this Act. 
(d) REPORT
TO COMMITTEES
ON ARMED SERV-
ICES.—Not later than 30 days after the completion of the 
review, the Panel shall submit to the Committees on 
Armed Services of the Senate and the House of Represent-
atives a report containing the findings of the review and 
the recommendations of the Panel to the Secretary of De-
361 
fense, including recommended legislative or regulatory 
changes, resulting from the review. 
(e) NATIONAL ACADEMY OF PUBLIC ADMINISTRA-
TION ASSESSMENT.— 
(1) Not later than 30 days after the completion 
of the review, the Secretary of Defense shall enter 
into an arrangement with the National Academy of 
Public Administration to assess the findings and rec-
ommendations of the review. 
(2) Not later than 210 days after the comple-
tion of the review, the National Academy of Public 
Administration shall provide its assessment of the 
review to the Secretary, along with such additional 
recommendations as the National Academy may 
have. 
(3) Not later than 30 days after receiving the 
assessment, the Secretary shall provide the assess-
ment, along with such comments as the Secretary 
considers appropriate, to the Committees on Armed 
Services of the Senate and the House of Representa-
tives.
362 
SEC. 827. REQUIREMENT TO BUY MILITARY DECORATIONS, 
RIBBONS, BADGES, MEDALS, INSIGNIA, AND 
OTHER 
UNIFORM 
ACCOUTERMENTS 
PRO-
DUCED IN THE UNITED STATES. 
(a) REQUIREMENT.—Subchapter III of chapter 147 
of title 10, United States Code, is amended by adding at 
the end the following new section: 
‘‘§ 2495c. Requirement to buy military decorations 
and other uniform accouterments from 
American sources; exceptions 
‘‘(a) BUY-AMERICAN REQUIREMENT.—A military ex-
change store or other nonappropriated fund instrumen-
tality of the Department of Defense may not purchase for 
resale any military decorations, ribbons, badges, medals, 
insignia, and other uniform accouterments that are not 
produced in the United States. Competitive procedures 
shall be used in selecting the United States producer of 
the decorations. 
‘‘(b) HERALDIC QUALITY CONTROL.—No certificate 
of authority (contained in part 507 of title 32, Code of 
Federal Regulations) for the manufacture and sale of any 
item reference in subsection (a) by the Institute of Her-
aldry, the Navy Clothing and Textile Research Facility, 
or the Marine Corps Combat Equipment and Support Sys-
tems for quality control and specifications purposes shall
363 
be permitted unless these items are from domestic mate-
rial manufactured in the United States. 
‘‘(c) EXCEPTION.—Subsections (a) and (b) do not 
apply to the extent that the Secretary of Defense deter-
mines that a satisfactory quality and sufficient quantity 
of an item covered by subsection (a) and produced in the 
United States cannot be procured at a reasonable cost. 
‘‘(d) UNITED STATES DEFINED.—In this section, the 
term ‘United States’ includes the Commonwealth of Puer-
to Rico, Guam, the United States Virgin Islands, the Com-
monwealth of the Northern Mariana Islands, American 
Samoa, and any other territory or possession of the United 
States.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
at the beginning of such subchapter is amended by adding 
at the end the following new item: 
‘‘2495c. Requirement to buy military decorations and other uniform 
accouterments from American sources; exceptions.’’. 
(c) 
CONFORMING
AMENDMENT.—Section 
2533a(b)(1) of such title is amended— 
(1) in subparagraph (D), by striking ‘‘or’’ at 
the end; 
(2) in subparagraph (E), by striking the period 
at the end and inserting ‘‘; or’’; and 
(3) by adding at the end the following new sub-
paragraph:
364 
‘‘(F) military decorations, ribbons, badges, 
medals, 
insignia, 
and 
other 
uniform 
accouterments.’’. 
SEC. 828. FINDINGS AND REPORT ON THE USAGE OF RARE 
EARTH MATERIALS IN THE DEFENSE SUPPLY 
CHAIN. 
(a) FINDINGS.—Regarding the availability of rare 
earth materials and components containing rare earth ma-
terials in the defense supply chain Congress finds— 
(1) it is necessary, to the maximum extent 
practicable, to ensure the uninterrupted supply of 
strategic materials critical to national security, in-
cluding rare earth materials and other items covered 
under section 2533b of title 10, United States Code, 
to support the defense supply-chain, particularly 
when many of those materials are supplied by pri-
mary producers in unreliable foreign nations; 
(2) many less common metals, including rare 
earths and thorium, are critical to modern tech-
nologies, including numerous defense critical tech-
nologies and these technologies cannot be built with-
out the use of these metals and materials produced 
from them and therefore could qualify as strategic 
materials, critical to national security, in which case 
the Strategic Materials Protection Board should rec-
365 
ommend a strategy to the President to ensure the 
domestic availability of these materials; and 
(3) there is a need to identify the strategic 
value placed on rare earth materials by foreign na-
tions (including China), and the Department of De-
fense’s supply-chain vulnerability related to rare 
earths and end items containing rare earths. 
(b) REPORT REQUIRED.—Not later than April 1, 
2010, the Comptroller General shall submit to the Com-
mittees on Armed Services of the Senate and House of 
Representatives a report on the usage of rare earth mate-
rials in the supply chain of the Department of Defense. 
(c) OBJECTIVES OF REPORT.—The objectives of the 
report required by subsection (b) shall be to determine the 
availability of rare earth materials, including ores, semi- 
finished rare earth products, components containing rare- 
earth materials, and other uses of rare earths by the De-
partment of Defense in its weapon systems. The following 
items shall be considered: 
(1) An analysis of past procurements and at-
tempted procurements by foreign governments or 
government- controlled entities, including mines and 
mineral rights, of rare-earth resources outside such 
nation’s territorial boundaries.
366 
(2) An analysis of the worldwide availability of 
rare earths, such as samarium, neodymium, thorium 
and lanthanum, including current and potential do-
mestic sources for use in defense systems, including 
a projected analysis of projected availability of these 
materials in the export market. 
(3) A determination as to which defense sys-
tems are currently dependent on rare earths sup-
plied by nondomestic sources, particularly neodym-
ium iron boron magnets. 
(d) RARE EARTH DEFINED.—In this section, the 
term ‘‘rare earth’’ means the chemical elements, all met-
als, beginning with lanthanum, atomic number 57, and in-
cluding all of the natural chemical elements in the periodic 
table following lanthanum up to and including lutetium, 
element number 71. The term also includes the elements 
yttrium and scandium. 
SEC. 829. FURNITURE STANDARDS. 
All Department of Defense purchases of furniture in 
the United States and its territories made from Depart-
ment of Defense funds, including under design-build con-
tracts, must meet the same quality standards as specified 
by the General Services Administration schedule program 
and the Department of Defense.
367 
SEC. 830. FOLLOW-ON CONTRACTS FOR CERTAIN ITEMS AC-
QUIRED FOR SPECIAL OPERATIONS FORCES. 
(a) AUTHORITY FOR AWARD OF FOLLOW-ON CON-
TRACTS.—The commander of the special operations com-
mand, acting under authority provided by section 
167(e)(4) of title 10, United States Code, may award a 
follow-on contract for the acquisition of an item to a con-
tractor who previously provided such item if— 
(1) the item is an item of special operations-pe-
culiar equipment and not anticipated to be made 
service common within 24 months of the initial con-
tract; 
(2) the item was previously acquired in the 
make, model, and type— 
(A) using competitive procedures; 
(B) under the authority of other statutory 
authority permitting noncompetitive or limited 
competition procurement actions (such as sec-
tion 8(a) of the Small Business Act (15 U.S.C. 
637(a)), section 31 of such Act (15 U.S.C. 
657a, relating to the HUBZone program), and 
section 36 of such Act (15 U.S.C. 657f, relating 
to procurement program for small business con-
cerns owned and controlled by service-disabled 
veterans)); or
368 
(C) as a result of a competition among a 
limited number of sources on the basis that the 
disclosure of the need for the item would com-
promise national security ; and 
(3) the acquisition of the item by means other 
than a follow-on contract with the contractor would 
unduly delay the fielding of such item to forces pre-
paring for or participating in overseas contingency 
operations or for other deployments undertaken in 
response to a request from a combatant commander. 
(b) LIMITATIONS.—A contract awarded using the au-
thority in subsection (a)— 
(1) may have a period of performance of not 
longer than 1 year; 
(2) may be used only to acquire one or more 
items having an individual unit price under 
$100,000; and 
(3) may have a total value not exceeding 
$25,000,000. 
(c) NOTIFICATION.—Not later than 45 days after the 
use of the authority in subsection (a), the commander of 
the special operations command shall submit to the con-
gressional defense committees a notification of the use of 
such authority.
369 
(d) TERMINATION OF AUTHORITY.—The commander 
of the special operations command may not use the au-
thority in subsection (a) on and after October 1, 2013. 
SEC. 831. DEFENSE SUBCONTRACTOR PROLIFERATION 
COST EFFECTIVENESS STUDY AND REPORTS. 
(a) STUDY.—The Secretary of Defense shall conduct 
a study on the total number of subcontractors used on 
the last five major weapons systems in which acquisition 
has been completed and determine if fewer subcontractors 
could have been more cost effective. 
(b) MANAGEMENT
BURDEN.—In conducting the 
study, the Secretary of Defense shall evaluate any poten-
tial cost savings derived from less management burden 
from multiple subcontractors on the Federal acquisition 
workforce. 
(c) REPORT BY SECRETARY OF DEFENSE.—Not later 
than March 1, 2010, the Secretary of Defense shall submit 
to the Committee on Armed Services of the House of Rep-
resentatives and the Committee on Armed Services of the 
Senate a report on the results of the study. 
(d) REPORT BY COMPTROLLER GENERAL.—Not later 
than May 1, 2010, the Comptroller General shall submit 
to the Committee on Armed Services of the House of Rep-
resentatives and the Committee on Armed Services of the
370 
Senate a review of the Department of Defense report sub-
mitted under subsection (c). 
SEC. 832. COMPTROLLER GENERAL REPORT ON DEFENSE 
CONTRACT COST OVERRUNS. 
(a) REPORT REQUIRED.—Not later than 90 days 
after the date of the enactment of this Act, the Comp-
troller General of the United States shall submit to Con-
gress a report on cost overruns in the performance of de-
fense contracts. 
(b) MATTERS COVERED.—The report under sub-
section (a) shall include, at a minimum, the following: 
(1) A list of each contractor with a cost overrun 
during any of fiscal years 2006, 2007, 2008, or 
2009, including identification of the contractor and 
the covered contract involved, the cost estimate of 
the covered contract, and the cost overrun for the 
covered contract. 
(2) Findings and recommendations of the 
Comptroller General. 
(3) Such other matters as the Comptroller Gen-
eral considers appropriate. 
(c) COVERED CONTRACT.—In this section, the term 
‘‘covered contract’’ means a contract that is awarded by 
the Department of Defense through the use of a solicita-
tion for competitive proposals, in an amount greater than
371 
the simplified acquisition threshold, and that is a cost-re-
imbursement contract or a time-and-materials contract. 
SEC. 833. PROCUREMENT PROFESSIONALISM ADVISORY 
PANEL. 
(a) GAO-CONVENED PANEL.—The Comptroller Gen-
eral shall convene a panel of experts, to be known as the 
Procurement Professionalism Advisory Panel, to study the 
ethics, competence, and effectiveness of acquisition per-
sonnel and the governmentwide procurement process, in-
cluding the following: 
(1) The role played by the Federal acquisition 
workforce at each stage of the procurement process, 
with a focus on the following: 
(A) Personnel shortages. 
(B) Expertise shortages. 
(C) The relationship between career acqui-
sition personnel and political appointees. 
(D) The relationship between acquisition 
personnel and contractors. 
(2) The legislation, regulation, official policy, 
and informal customs that govern procurement per-
sonnel. 
(3) Training and retention tools used to hire, 
retain, and professionally develop acquisition per-
sonnel, including the following:
372 
(A) The Defense Acquisition University. 
(B) The Federal Acquisition Institute. 
(C) Continuing education and professional 
development opportunities available to acquisi-
tion professionals. 
(D) Opportunities to pursue higher edu-
cation available to acquisition personnel, includ-
ing scholarships and student loan forgiveness. 
(b) ADMINISTRATION OF PANEL.—The Comptroller 
General shall be the chairman of the panel. 
(c) COMPOSITION OF PANEL.— 
(1) MEMBERSHIP.—The Comptroller General 
shall appoint highly qualified and knowledgeable per-
sons to serve on the panel and shall ensure that the 
following groups receive fair representation on the 
panel: 
(A) Officers and employees of the United 
States. 
(B) Persons in private industry. 
(C) Federal labor organizations. 
(2) FAIR REPRESENTATION.—For the purposes 
of the requirement for fair representation under 
paragraph (1), persons serving on the panel under 
subparagraph (C) of that paragraph shall not be
373 
counted as persons serving on the panel under sub-
paragraph (A) or (B) of that paragraph. 
(d) PARTICIPATION BY OTHER INTERESTED PAR-
TIES.—The Comptroller General shall ensure that the op-
portunity to submit information and views on the ethics, 
competence, and effectiveness of acquisition personnel to 
the panel for the purposes of the study is accorded to all 
interested parties, including officers and employees of the 
United States not serving on the panel and entities in pri-
vate industry and representatives of Federal labor organi-
zations not represented on the panel. 
(e) INFORMATION FROM AGENCIES.—The panel may 
secure directly from any department or agency of the 
United States any information that the panel considers 
necessary to carry out a meaningful study of administra-
tion of the rules described in subsection (a). Upon the re-
quest of the Chairman of the panel, the head of such de-
partment or agency shall furnish the requested informa-
tion to the panel. 
(f) REPORT.— 
(1) IN GENERAL.—Not later than 18 months 
after the date of the enactment of this Act, the 
Comptroller General shall submit a report on the re-
sults of the study to—
374 
(A) the Committee on Oversight and Gov-
ernment Reform of the House of Representa-
tives; 
(B) the Committee on Armed Services of 
the House of Representatives; 
(C) the Committee on Homeland Security 
and Government Affairs of the Senate; and 
(D) the Committee on Armed Services of 
the Senate. 
(2) AVAILABILITY.—The Comptroller General 
shall publish the report in the Federal Register and 
on a publically accessible website (acquisition.gov). 
(g) DEFINITION.—In this section, the term ‘‘Federal 
labor organization’’ has the meaning given the term ‘‘labor 
organization’’ in section 7103(a)(4) of title 5, United 
States Code. 
SEC. 834. ACCESS BY CONGRESS TO DATABASE OF INFOR-
MATION REGARDING THE INTEGRITY AND 
PERFORMANCE 
OF 
CERTAIN 
PERSONS 
AWARDED 
FEDERAL 
CONTRACTS 
AND 
GRANTS. 
Section 872(e)(1) of the Duncan Hunter National 
Defense Authorization Act for Fiscal Year 2009 (Public 
Law 110–417; 122 Stat. 455) is amended by striking ‘‘the 
Chairman and Ranking Member of the committees of Con-
375 
gress having jurisdiction’’ and inserting ‘‘any Member of 
Congress’’. 
SEC. 835. ADDITIONAL REPORTING REQUIREMENTS FOR 
INVENTORY RELATING TO CONTRACTS FOR 
SERVICES. 
(a) ADDITIONAL REPORTING REQUIREMENTS.—Sec-
tion 2330a(c)(1) of title 10, United States Code, is amend-
ed by adding at the end the following new subparagraph: 
‘‘(H) With respect to such contracts for serv-
ices— 
‘‘(i) the ratio between the number of indi-
viduals responsible for awarding and overseeing 
such contracts to the amount obligated or ex-
pended on such contracts; and 
‘‘(ii) the number of individuals responsible 
for awarding and overseeing such contracts who 
are themselves contractors.’’. 
(b) EFFECTIVE DATE.—The amendment made by 
subsection (a) shall apply with respect to fiscal year 2011 
and fiscal years thereafter.
376 
SEC. 836. REQUIREMENT TO JUSTIFY THE USE OF FACTORS 
OTHER THAN COST OR PRICE AS THE PRE-
DOMINATE FACTORS IN EVALUATING COM-
PETITIVE PROPOSALS FOR DEFENSE PRO-
CUREMENT CONTRACTS. 
(a) REQUIREMENT.—Subparagraph (A) of section 
2305(a)(2) of title 10, United States Code, is amended— 
(1) by striking ‘‘and’’ at the end of clause (i); 
and 
(2) by inserting after clause (ii) the following 
new clause: 
‘‘(iii) in the case of a solicitation in which 
factors other than cost or price when combined 
are more important than cost or price, the rea-
sons why assigning at least equal importance to 
cost or price would not better serve the Govern-
ment’s interest; and’’. 
(b) REPORT.—Section 2305(a)(3) of such title is 
amended by adding at the end the following new subpara-
graph: 
‘‘(C) Not later than 180 days after the end of each 
fiscal year, the Secretary of Defense shall submit to Con-
gress, and post on a publicly available website of the De-
partment of Defense, a report describing the solicitations 
for which a statement pursuant to paragraph (2)(A)(iii) 
was included.’’.
377 
TITLE IX—DEPARTMENT OF DE-
FENSE ORGANIZATION AND 
MANAGEMENT 
Subtitle A—Department of Defense Management 
Sec. 901. Role of commander of special operations command regarding per-
sonnel management policy and plans affecting special oper-
ations forces. 
Sec. 902. Special operations activities. 
Sec. 903. Redesignation of the Department of the Navy as the Department of 
the Navy and Marine Corps. 
Sec. 904. Authority to allow private sector civilians to receive instruction at De-
fense Cyber Investigations Training Academy of the Defense 
Cyber Crime Center. 
Sec. 905. Organizational structure of the Office of the Assistant Secretary of 
Defense for Health Affairs and the TRICARE Management 
Activity. 
Sec. 906. Requirement for Director of Operational Energy Plans and Programs 
to report directly to Secretary of Defense. 
Sec. 907. Increased flexibility for Combatant Commander Initiative Fund. 
Sec. 908. Repeal of requirement for a Deputy Under Secretary of Defense for 
Technology Security Policy within the Office of the Under Sec-
retary of Defense for Policy. 
Sec. 909. Recommendations to Congress by members of Joint Chiefs of Staff. 
Subtitle B—Space Activities 
Sec. 911. Submission and review of space science and technology strategy. 
Sec. 912. Converting the space surveillance network pilot program to a perma-
nent program. 
Subtitle C—Intelligence-Related Matters 
Sec. 921. Plan to address foreign ballistic missile intelligence analysis. 
Subtitle D—Other Matters 
Sec. 931. Joint Program Office for Cyber Operations Capabilities. 
Sec. 932. Defense Integrated Military Human Resources System Transition 
Council. 
Sec. 933. Department of Defense School of Nursing revisions. 
Sec. 934. Report on special operations command organization, manning, and 
management. 
Sec. 935. Study on the recruitment, retention, and career progression of uni-
formed and civilian military cyber operations personnel.
378 
Subtitle A—Department of Defense 
Management 
SEC. 901. ROLE OF COMMANDER OF SPECIAL OPERATIONS 
COMMAND REGARDING PERSONNEL MAN-
AGEMENT POLICY AND PLANS AFFECTING 
SPECIAL OPERATIONS FORCES. 
Section 167(e) of title 10, United States Code, is 
amended— 
(1) in paragraph (2), by striking subparagraph 
(J); and 
(2) inserting at the end the following new para-
graph: 
‘‘(5)(A) The Secretaries of the military departments 
shall coordinate with the commander of the special oper-
ations command regarding personnel management policy 
and plans as such policy and plans relate to the following: 
‘‘(i) Accessions, assignments, and command se-
lection for special operations forces. 
‘‘(ii) Compensation, promotions, retention, pro-
fessional development, and training of members of 
special operations forces. 
‘‘(iii) Readiness as it relates to manning guid-
ance and priority of fill for units of the special oper-
ations forces.
379 
‘‘(B) The coordination required by subparagraph (A) 
shall be conducted in such a manner so as not to interfere 
with the authorities of the Secretary concerned regarding 
personnel management policy and plans.’’. 
SEC. 902. SPECIAL OPERATIONS ACTIVITIES. 
Section 167(j) of title 10, United States Code, is 
amended by striking paragraphs (1) through (10) and in-
serting the following new paragraphs: 
‘‘(1) Special reconnaissance. 
‘‘(2) Unconventional warfare. 
‘‘(3) Foreign internal defense. 
‘‘(4) Civil affairs operations. 
‘‘(5) Counterterrorism. 
‘‘(6) Psychological operations. 
‘‘(7) Information operations. 
‘‘(8) Counter proliferation of weapons of mass 
destruction. 
‘‘(9) Security force assistance. 
‘‘(10) Counterinsurgency operations. 
‘‘(11) Such other activities as may be specified 
by the President or the Secretary of Defense.’’.
380 
SEC. 903. REDESIGNATION OF THE DEPARTMENT OF THE 
NAVY AS THE DEPARTMENT OF THE NAVY 
AND MARINE CORPS. 
(a) REDESIGNATION OF THE DEPARTMENT OF THE 
NAVY AS THE DEPARTMENT OF THE NAVY AND MARINE 
CORPS.— 
(1) REDESIGNATION
OF
MILITARY
DEPART-
MENT.—The military department designated as the 
Department of the Navy is redesignated as the De-
partment of the Navy and Marine Corps. 
(2) 
REDESIGNATION
OF
SECRETARY
AND 
OTHER STATUTORY OFFICES.— 
(A) SECRETARY.—The position of the Sec-
retary of the Navy is redesignated as the Sec-
retary of the Navy and Marine Corps. 
(B) OTHER
STATUTORY
OFFICES.—The 
positions of the Under Secretary of the Navy, 
the four Assistant Secretaries of the Navy, and 
the General Counsel of the Department of the 
Navy are redesignated as the Under Secretary 
of the Navy and Marine Corps, the Assistant 
Secretaries of the Navy and Marine Corps, and 
the General Counsel of the Department of the 
Navy and Marine Corps, respectively. 
(b) CONFORMING
AMENDMENTS
TO
TITLE
10, 
UNITED STATES CODE.—
381 
(1) 
DEFINITION
OF
‘‘MILITARY
DEPART-
MENT’’.—Paragraph (8) of section 101(a) of title 
10, United States Code, is amended to read as fol-
lows: 
‘‘(8) The term ‘military department’ means the 
Department of the Army, the Department of the 
Navy and Marine Corps, and the Department of the 
Air Force.’’. 
(2) ORGANIZATION OF DEPARTMENT.—The text 
of section 5011 of such title is amended to read as 
follows: ‘‘The Department of the Navy and Marine 
Corps is separately organized under the Secretary of 
the Navy and Marine Corps.’’. 
(3) 
POSITION
OF
SECRETARY.—Section 
5013(a)(1) of such title is amended by striking 
‘‘There is a Secretary of the Navy’’ and inserting 
‘‘There is a Secretary of the Navy and Marine 
Corps’’. 
(4) CHAPTER HEADINGS.— 
(A) The heading of chapter 503 of such 
title is amended to read as follows: 
‘‘CHAPTER 503—DEPARTMENT OF THE 
NAVY AND MARINE CORPS’’. 
(B) The heading of chapter 507 of such 
title is amended to read as follows:
382 
‘‘CHAPTER 507—COMPOSITION OF THE DE-
PARTMENT OF THE NAVY AND MARINE 
CORPS’’. 
(5) OTHER AMENDMENTS.— 
(A) Title 10, United States Code, is 
amended by striking ‘‘Department of the Navy’’ 
and ‘‘Secretary of the Navy’’ each place they 
appear other than as specified in paragraphs 
(1), (2), (3), and (4) (including in section head-
ings, subsection captions, tables of chapters, 
and tables of sections) and inserting ‘‘Depart-
ment of the Navy and Marine Corps’’ and ‘‘Sec-
retary of the Navy and Marine Corps’’, respec-
tively, in each case with the matter inserted to 
be in the same typeface and typestyle as the 
matter stricken. 
(B)(i) 
Sections 
5013(f), 
5014(b)(2), 
5016(a), 5017(2), 5032(a), and 5042(a) of 
such title are amended by striking ‘‘Assistant 
Secretaries of the Navy’’ and inserting ‘‘Assist-
ant Secretaries of the Navy and Marine Corps’’. 
(ii) The heading of section 5016 of such 
title, and the item relating to such section in 
the table of sections at the beginning of chapter 
503 of such title, are each amended by insert-
383 
ing ‘‘and Marine Corps’’ after ‘‘of the Navy’’, 
with the matter inserted in each case to be in 
the same typeface and typestyle as the matter 
amended. 
(c) OTHER PROVISIONS OF LAW AND OTHER REF-
ERENCES.— 
(1) TITLE 37, UNITED STATES CODE.—Title 37, 
United States Code, is amended by striking ‘‘De-
partment of the Navy’’ and ‘‘Secretary of the Navy’’ 
each place they appear and inserting ‘‘Department 
of the Navy and Marine Corps’’ and ‘‘Secretary of 
the Navy and Marine Corps’’, respectively. 
(2) OTHER
REFERENCES.—Any reference in 
any law other than in title 10 or title 37, United 
States Code, or in any regulation, document, record, 
or other paper of the United States, to the Depart-
ment of the Navy shall be considered to be a ref-
erence to the Department of the Navy and Marine 
Corps. Any such reference to an office specified in 
subsection (b)(2) shall be considered to be a ref-
erence to that officer as redesignated by that sec-
tion. 
(d) EFFECTIVE DATE.—This section and the amend-
ments made by this section shall take effect on the first
384 
day of the first month beginning more than 60 days after 
the date of the enactment of this Act. 
SEC. 904. AUTHORITY TO ALLOW PRIVATE SECTOR CIVIL-
IANS TO RECEIVE INSTRUCTION AT DEFENSE 
CYBER INVESTIGATIONS TRAINING ACADEMY 
OF THE DEFENSE CYBER CRIME CENTER. 
(a) ADMISSION OF PRIVATE SECTOR CIVILIANS.— 
Chapter 108 of title 10, United States Code, is amended 
by inserting after section 2167 the following new section: 
‘‘§ 2167a. 
Defense 
Cyber 
Investigations 
Training 
Academy: admission of private sector ci-
vilians to receive instruction 
‘‘(a) AUTHORITY FOR ADMISSION.—The Secretary of 
Defense may permit eligible private sector employees to 
receive instruction at the Defense Cyber Investigations 
Training Academy operating under the direction of the 
Defense Cyber Crime Center. No more than the equivalent 
of 200 full-time student positions may be filled at any one 
time by private sector employees enrolled under this sec-
tion, on a yearly basis. Upon successful completion of the 
course of instruction in which enrolled, any such private 
sector employee may be awarded an appropriate certifi-
cation or diploma. 
‘‘(b) ELIGIBLE PRIVATE SECTOR EMPLOYEES.—For 
purposes of this section, an eligible private sector employee
385 
is an individual employed by a private firm that is engaged 
in providing to the Department of Defense or other Gov-
ernment departments or agencies significant and substan-
tial defense-related systems, products, or services, or 
whose work product is relevant to national security policy 
or strategy. A private sector employee remains eligible for 
such instruction only so long as that person remains em-
ployed by an eligible private sector firm. 
‘‘(c) PROGRAM REQUIREMENTS.—The Secretary of 
Defense shall ensure that— 
‘‘(1) the curriculum in which private sector em-
ployees may be enrolled under this section is not 
readily available through other schools; and 
‘‘(2) the course offerings at the Defense Cyber 
Investigations Training Academy continue to be de-
termined solely by the needs of the Department of 
Defense. 
‘‘(d) TUITION.—The Secretary of Defense shall 
charge private sector employees enrolled under this section 
tuition at a rate that is at least equal to the rate charged 
for employees of the United States. In determining tuition 
rates, the Secretary shall include overhead costs of the De-
fense Cyber Investigations Training Academy. 
‘‘(e) STANDARDS OF CONDUCT.—While receiving in-
struction at the Defense Cyber Investigations Training
386 
Academy, students enrolled under this section, to the ex-
tent practicable, are subject to the same regulations gov-
erning academic performance, attendance, norms of be-
havior, and enrollment as apply to Government civilian 
employees receiving instruction at the Academy. 
‘‘(f) USE OF FUNDS.—Amounts received by the De-
fense Cyber Investigations Training Academy for instruc-
tion of students enrolled under this section shall be re-
tained by the Academy to defray the costs of such instruc-
tion. The source, and the disposition, of such funds shall 
be specifically identified in records of the Academy.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
at the beginning of such chapter is amended by inserting 
after the item relating to section 2167 the following new 
item: 
‘‘2167a. Defense Cyber Investigations Training Academy: admission of private 
sector civilians to receive instruction.’’. 
SEC. 905. ORGANIZATIONAL STRUCTURE OF THE OFFICE 
OF THE ASSISTANT SECRETARY OF DEFENSE 
FOR HEALTH AFFAIRS AND THE TRICARE 
MANAGEMENT ACTIVITY. 
(a) REPORT REQUIRED.—Not later than 180 days 
after the date of the enactment of this Act, the Secretary 
of Defense shall submit to the congressional defense com-
mittees a report on the organizational structure of the Of-
387 
fice of the Assistant Secretary of Defense for Health Af-
fairs and the TRICARE Management Activity. 
(b) ELEMENTS.—The report required under sub-
section (a) shall include the following: 
(1) ORGANIZATIONAL CHARTS.—Organizational 
charts for both the Office of the Assistant Secretary 
of Defense for Health Affairs and the TRICARE 
Management Activity showing, at a minimum, the 
senior positions in such office and such activity. 
(2) SENIOR
POSITION
DESCRIPTIONS.—A de-
scription of the policy-making functions and over-
sight responsibilities of each senior position in the 
Office of the Assistant Secretary of Defense for 
Health Affairs and the policy and program execution 
responsibilities of each senior position of the 
TRICARE Management Activity. 
(3) POSITIONS FILLED BY SAME INDIVIDUAL.— 
A description of which positions in both organiza-
tions are filled by the same individual. 
(4) ASSESSMENT.—An assessment of whether 
the senior personnel of the Office of the Assistant 
Secretary of Defense for Health Affairs and the 
TRICARE Management Activity, as currently orga-
nized, are able to appropriately perform the discrete
388 
functions of policy formulation, policy and program 
execution, and program oversight. 
(c) DEFINITIONS.—In this section: 
(1) SENIOR POSITION.—The term ‘‘senior posi-
tion’’ means a position fill by a member of the senior 
executive service or a position on the Executive 
Schedule established pursuant to title 5, United 
States Code. 
(2) SENIOR
PERSONNEL.—The term ‘‘senior 
personnel’’ means personnel who are members of the 
senior executive service or who fill a position listed 
on the Executive Schedule established pursuant to 
title 5, United States Code. 
SEC. 906. REQUIREMENT FOR DIRECTOR OF OPERATIONAL 
ENERGY PLANS AND PROGRAMS TO REPORT 
DIRECTLY TO SECRETARY OF DEFENSE. 
Paragraph (2) of section 139b(c) of title 10, United 
States Code, is amended to read as follows: 
‘‘(2) The Director shall report directly to the 
Secretary of Defense.’’. 
SEC. 907. INCREASED FLEXIBILITY FOR COMBATANT COM-
MANDER INITIATIVE FUND. 
(a) INCREASE IN FUNDING LIMITATIONS.—Subpara-
graph (A) of section 166a(e)(1) of title 10, United States 
Code, is amended—
389 
(1) by striking ‘‘$10,000,000’’ and inserting 
‘‘$20,000,000’’; and 
(2) by striking ‘‘$15,000’’ and inserting ‘‘the 
investment unit cost threshold in effect under sec-
tion 2245a of this title’’. 
(b) COORDINATION WITH SECRETARY OF STATE.— 
Paragraph (6) of section 166a(b) of such title is amended 
by inserting after ‘‘assistance,’’ the following: ‘‘in coordi-
nation with the Secretary of State,’’. 
SEC. 908. REPEAL OF REQUIREMENT FOR A DEPUTY 
UNDER SECRETARY OF DEFENSE FOR TECH-
NOLOGY SECURITY POLICY WITHIN THE OF-
FICE OF THE UNDER SECRETARY OF DE-
FENSE FOR POLICY. 
(a) REPEAL OF REQUIREMENT FOR POSITION.— 
(1) REPEAL.—Section 134b of title 10, United 
States Code, is repealed. 
(2) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of chapter 4 of such title is 
amended by striking the item relating to section 
134b. 
(b) PRIOR NOTIFICATION OF CHANGE IN REPORTING 
RELATIONSHIP FOR THE DEFENSE TECHNOLOGY SECU-
RITY ADMINISTRATION.—The Secretary of Defense shall 
ensure that no covered action is taken until the expiration
390 
of 30 legislative days after providing notification of such 
action to the Committees on Armed Services of the Senate 
and the House of Representatives. 
(c) COVERED ACTION DEFINED.—In this section, the 
term ‘‘covered action’’ means— 
(1) the transfer of the Defense Technology Se-
curity Administration to an Under Secretary or 
other office of the Department of Defense other 
than the Under Secretary of Defense for Policy; 
(2) the consolidation of the Defense Technology 
Security Administration with another office, agency, 
or field activity of the Department of Defense; or 
(3) the addition of management layers between 
the Director of the Defense Technology Security Ad-
ministration and the Under Secretary of Defense for 
Policy. 
SEC. 909. RECOMMENDATIONS TO CONGRESS BY MEMBERS 
OF JOINT CHIEFS OF STAFF. 
Section 151(f) of title 10, United States Code, is 
amended— 
(1) by inserting ‘‘(1)’’ before ‘‘After first’’; and 
(2) by adding at the end the following new 
paragraph: 
‘‘(2) The members of the Joint Chiefs of Staff, indi-
vidually or collectively, in their capacity as military advis-
391 
ers, shall provide advice to Congress on a particular mat-
ter when Congress requests such advice.’’. 
Subtitle B—Space Activities 
SEC. 911. SUBMISSION AND REVIEW OF SPACE SCIENCE 
AND TECHNOLOGY STRATEGY. 
(a) STRATEGY.— 
(1) REQUIREMENTS.—Paragraph (2) of section 
2272(a) of title 10, United States Code, is amended 
by adding at the end the following new subpara-
graph: 
‘‘(D) The process for transitioning space 
science and technology programs to new or existing 
space acquisition programs.’’. 
(2) SUBMISSION TO CONGRESS.—Paragraph (5) 
of such section is amended to read as follows: 
‘‘(5) The Secretary of Defense shall annually submit 
the strategy developed under paragraph (1) to the con-
gressional defense committees on the date on which the 
President submits to Congress the budget for the next fis-
cal year under section 1105 of title 31, United States 
Code.’’. 
(b) GOVERNMENT ACCOUNTABILITY OFFICE REVIEW 
OF STRATEGY.— 
(1) REVIEW.—The Comptroller General shall 
review and assess the first space science and tech-
392 
nology strategy submitted under paragraph (5) of 
section 2272(a) of title 10, United States Code, as 
amended by subsection (a)(2) of this section, and 
the effectiveness of the coordination process required 
under section 2272(b) of such title. 
(2) REPORT.—Not later than 90 days after the 
date on which the Secretary of Defense submits the 
first space science and technology strategy required 
to be submitted under paragraph (5) of section 
2272(a) of title 10, United States Code, as amended 
by subsection (a)(2) of this section, the Comptroller 
General shall submit to the congressional defense 
committees a report containing the findings and as-
sessment under paragraph (1). 
SEC. 912. CONVERTING THE SPACE SURVEILLANCE NET-
WORK PILOT PROGRAM TO A PERMANENT 
PROGRAM. 
Section 2274 of title 10, United States Code, is 
amended— 
(1) in the heading, by striking ‘‘PILOT’’; 
(2) in subsection (a)— 
(A) in the heading, by striking ‘‘PILOT’’; 
and
393 
(B) by striking ‘‘a pilot program to deter-
mine the feasibility and desirability of pro-
viding’’ and inserting ‘‘a program to provide’’; 
(3) in subsection (b) in the matter preceding 
paragraph (1), by striking ‘‘such a pilot program’’ 
and inserting ‘‘the program’’; 
(4) in subsection (c) in the matter preceding 
paragraph (1), by striking ‘‘pilot’’; 
(5) in subsection (d) in the matter preceding 
paragraph (1), by striking ‘‘pilot’’; 
(6) in subsection (h), by striking ‘‘pilot’’; and 
(7) by striking subsection (i). 
Subtitle C—Intelligence-Related 
Matters 
SEC. 921. PLAN TO ADDRESS FOREIGN BALLISTIC MISSILE 
INTELLIGENCE ANALYSIS. 
(a) ASSESSMENT AND PLAN.—The Secretary of De-
fense, in consultation with the Director of National Intel-
ligence, shall— 
(1) conduct an assessment of foreign ballistic 
missile intelligence gaps and shortfalls; and 
(2) develop a plan to ensure that the appro-
priate intelligence centers have sufficient analytical 
capabilities to address such gaps and shortfalls.
394 
(b) REPORT.—Not later than February 28, 2010, the 
Secretary of Defense shall submit to the congressional de-
fense committees, the Permanent Select Committee on In-
telligence of the House of Representatives, and the Select 
Committee on Intelligence of the Senate a report con-
taining— 
(1) the results of the assessment conducted 
under subsection (a)(1); 
(2) the plan developed under subsection (a)(2); 
and 
(3) a description of the resources required to 
implement such plan. 
(c) FORM.—The report under subsection (b) shall be 
submitted in unclassified form, but may contain a classi-
fied annex. 
Subtitle D—Other Matters 
SEC. 931. JOINT PROGRAM OFFICE FOR CYBER OPER-
ATIONS CAPABILITIES. 
(a) ESTABLISHMENT.—Not later than 180 days after 
the date of the enactment of this Act, the Secretary of 
Defense shall establish a Joint Program Office for Cyber 
Operations Capabilities to assist the Under Secretary of 
Defense for Acquisition, Technology, and Logistics in im-
proving the development of specific leap-ahead capabili-
ties, including manpower development, tactics, and tech-
395 
nologies, for the military departments, the Defense Agen-
cies, and the combatant commands. 
(b) DIRECTOR.—The Joint Program Office for Cyber 
Operations Capabilities (in this section referred to as the 
‘‘JPO–COC’’) shall be headed by a Director, who shall be 
appointed by the Secretary of Defense, in consultation 
with the Under Secretary of Defense for Acquisition, 
Technology, and Logistics, the Assistant Secretary of De-
fense for Networks and Information Integration, the 
Under Secretary of Defense for Intelligence, and the com-
mander of United States Strategic Command. The Direc-
tor shall be selected from among individuals with signifi-
cant technical and management expertise in information 
technology system development, and shall serve for 3 
years. 
(c) SUPERVISION.—The Director shall report directly 
to the Under Secretary of Defense for Acquisition, Tech-
nology, and Logistics. The Assistant Secretary of Defense 
for Networks and Information Integration may provide 
policy guidance to the Director on issues within the Direc-
tor’s areas of responsibilities. 
(d) RESPONSIBILITIES.—The JPO–COC shall be re-
sponsible for the following: 
(1) Coordinating cyber operations capabilities, 
both offensive and defensive, between the military
396 
departments, Defense Agencies, and combatant com-
mands in order to identify and prioritize joint capa-
bility gaps. 
(2) Developing advanced, leap-ahead capabili-
ties to address joint capability gaps. 
(3) Establishing a nation level, joint, inter-
agency cyber exercise, similar to the exercise known 
as Eligible Receiver, that would occur at least bien-
nially, and, to the extent possible, that would include 
participants from industry, critical infrastructure 
sector providers, international militaries, and non- 
governmental organizations. 
(4) Such other responsibilities as the Under 
Secretary determines are appropriate. 
(e) ANNUAL REPORT.—By March 1 of each year, be-
ginning March 1, 2010, the Secretary of Defense shall 
submit to the congressional defense committees a report 
on all of the activities of the JPO–COC during the pre-
ceding year. 
SEC. 932. DEFENSE INTEGRATED MILITARY HUMAN RE-
SOURCES SYSTEM TRANSITION COUNCIL. 
(a) IN GENERAL.—The Secretary of Defense shall es-
tablish a Defense Integrated Military Human Resources 
System Transition Council (in this section referred to as 
the ‘‘Council’’) to provide advice to the Secretary of De-
397 
fense and the Secretaries of the military departments on 
implementing the defense integrated military human re-
sources system (in this section referred to as the 
‘‘DIMHRS’’) throughout the Department of Defense, in-
cluding within each military department. 
(b) COMPOSITION.—The Council shall include the fol-
lowing members: 
(1) The Chief Management Officer of the De-
partment of Defense. 
(2) The Director of the Business Trans-
formation Agency. 
(3) One representative from each of the Army, 
Navy, Air Force, and Marine Corps who is a lieuten-
ant general or vice admiral. 
(4) One civilian employee of the National Guard 
Bureau who occupies a position of responsibility and 
receives compensation comparable to a lieutenant 
general or vice admiral. 
(5) Such other individuals as may be designated 
by the Secretary of Defense. 
(c) MEETINGS.—The Council shall meet not less than 
once a quarter, or more often as specified by the Secretary 
of Defense. 
(d) DUTIES.—The Council shall have the following 
responsibilities:
398 
(1) Resolution of significant policy, pro-
grammatic, or budgetary issues impeding transition 
of DIMHRS to the military departments. 
(2) 
Coordination 
of 
implementation 
of 
DIMHRS within each military department to ensure 
interoperability between and among the Department 
of Defense as a whole and each military department. 
(3) Such other responsibilities as the Secretary 
of Defense determines are appropriate. 
(e) ANNUAL REPORT.— 
(1) IN GENERAL.—By March 1 of each year, 
beginning March 1, 2010, and ending March 1, 
2014, the Council shall submit to the congressional 
defense committees an annual report on the progress 
of DIMHRS transition. 
(2) The report shall include descriptions of the 
following: 
(A) The status of implementation of 
DIMHRS among the military departments. 
(B) A description of the testing and eval-
uation activities of DIMHRS as implemented 
throughout the Department of Defense, as well 
as any such activities developed by the military 
departments to extend DIMHRS to the depart-
ments.
399 
(C) Plans for the decommissioning of 
human resources systems within the Depart-
ment of Defense and military department that 
are being replaced by DIMHRS, including— 
(i) systems to be phased out; and 
(ii) plans for the remaining legacy 
systems to be phased out. 
(D) Funding and resources from the mili-
tary departments devoted to the development of 
department-specific plans to augment and ex-
tend the DIMHRS within each department. 
SEC. 933. DEPARTMENT OF DEFENSE SCHOOL OF NURSING 
REVISIONS. 
(a) SCHOOL OF NURSING.— 
(1) IN
GENERAL.—Chapter 108 of title 10, 
United States Code, is amended by adding at the 
end the following new section: 
‘‘§ 2169. School of Nursing 
‘‘(a) ESTABLISHMENT.—The Secretary of Defense 
shall establish within the Department of Defense a School 
of Nursing, not later than July 1, 2011. It shall be so 
organized as to graduate not less than 25 students with 
a bachelor of science in nursing in the first class not later 
than June 30, 2013, not less than 50 in the second class, 
and not less than 100 annually thereafter.
400 
‘‘(b) MINIMUM REQUIREMENT.—The School of Nurs-
ing shall include, at a minimum, a program that awards 
a bachelor of science in nursing. 
‘‘(c) PHASED DEVELOPMENT.—The development of 
the School of Nursing may be by such phases as the Sec-
retary may prescribe, subject to the requirements of sub-
section (a).’’. 
(2) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of such chapter is amended 
by adding at the end the following new item: 
‘‘2169. School of Nursing.’’. 
(b) CONFORMING AMENDMENTS.—Section 2117 of 
title 10, United States Code, and the item relating to such 
section in the table of chapters at the beginning of chapter 
104 of such title, are repealed. 
SEC. 934. REPORT ON SPECIAL OPERATIONS COMMAND OR-
GANIZATION, MANNING, AND MANAGEMENT. 
(a) REPORT REQUIRED.—The commander of the spe-
cial operations command shall prepare a report, in accord-
ance with this section, on the organization, manning, and 
management of the command. 
(b) ELEMENTS.—The report required by subsection 
(a) shall include the following: 
(1) A comparison of current and projected fis-
cal year 2010 military and civilian end strength lev-
401 
els at special operations command headquarters with 
fiscal year 2000 levels, both actual and authorized. 
(2) A comparison of fiscal year 2000 through 
2010 special operations command headquarters end 
strength growth with the growth of each special op-
erations forces component command headquarters 
over the same time period, both actual and author-
ized. 
(3) A summary and assessment that identifies 
the resourcing, in terms of manning, training, equip-
ping, and funding, that special operations command 
provides to each of the theater special operations 
commands under the geographical combatant com-
mands and a summary of personnel specialties as-
signed to each such command. 
(4) Options and recommendations for reducing 
staffing levels at special operations command head-
quarters by 5 and 10 percent, respectively, and an 
assessment of the opportunity costs and manage-
ment risks associated with each option. 
(5) Recommendations for increasing manning 
levels, if appropriate, at each component command, 
and especially at Army special operations command. 
(6) A plan to sustain the cultural engagement 
group of special operations command central.
402 
(7) An assessment of the resourcing require-
ments to establish capability similar to the cultural 
engagement group capability at the other theater 
special operations command locations. 
(8) A review and assessment for improving the 
relationship between special operations command 
and each of the theater special operations commands 
under the geographical combatant commands and 
the establishment of a more direct administrative 
and collaborative link between them. 
(9) A review and assessment of existing Depart-
ment of Defense executive agent support to special 
operations command and its subordinate compo-
nents, as well as commentary about proposals to use 
the same executive agent throughout the special op-
erations community. 
(10) An updated assessment on the specific 
proposal to provide executive agent support from the 
Defense Logistics Agency for special operations com-
mand. 
(11) A recommendation and plan for including 
international development and conflict prevention 
representatives as participants in the Center for 
Special Operations Interagency Task Force process.
403 
(c) REPORT.—The report required by subsection (a) 
shall be submitted not later than March 15, 2010, to the 
congressional defense committees. 
SEC. 935. STUDY ON THE RECRUITMENT, RETENTION, AND 
CAREER PROGRESSION OF UNIFORMED AND 
CIVILIAN 
MILITARY 
CYBER 
OPERATIONS 
PERSONNEL. 
(a) REPORT.—Not later than 1 year after the date 
of the enactment of this Act, the Secretary of Defense 
shall submit to the congressional defense committees a re-
port assessing the challenges to retention and professional 
development of cyber operations personnel within the De-
partment of Defense. 
(b) MATTERS TO BE ADDRESSED.—The assessment 
by the Secretary of Defense shall address the following 
matters: 
(1) The sufficiency of the numbers and types of 
personnel available for cyber operations, including 
an assessment of the balance between military and 
civilian positions. 
(2) The definition and coherence of career fields 
for both members of the Armed Forces and civilian 
employees of the Department of Defense. 
(3) The types of recruitment and retention in-
centives available to members of the Armed Forces
404 
and civilian employees of the Department of De-
fense. 
(4) Identification of legal, policy, or administra-
tive impediments to attracting and retaining cyber 
operations personnel. 
(5) The standards used by the Department of 
Defense to measure effectiveness at recruiting, re-
taining, and ensuring an adequate career progres-
sion for cyber operations personnel. 
(6) The effectiveness of educational and out-
reach activities used to attract, retain, and reward 
cyber operations personnel, including how to expand 
outreach to academic institutions and improve co-
ordination with other civilian agencies and industrial 
partners. 
(7) The management of educational and out-
reach activities used to attract, retain, and reward 
cyber operations personnel, such as the National 
Centers of Academic Excellence in Information As-
surance Education. 
(c) CYBER OPERATIONS PERSONNEL DEFINED.—In 
this section, the term ‘‘cyber operations personnel’’ refers 
to members of the Armed Forces and civilian employees 
of the Department of Defense involved with the operations 
and maintenance of a computer network connected to the
405 
global information grid, as well as offensive, defensive, and 
exploitation functions of such a network. 
SEC. 936. RECOGNITION OF AND SUPPORT FOR STATE DE-
FENSE FORCES. 
(a) RECOGNITION AND SUPPORT.—Section 109 of 
title 32, United States Code, is amended— 
(1) by redesignating subsections (d) and (e) as 
subsections (k) and (l), respectively; and 
(2) by inserting after subsection (c) the fol-
lowing new subsections: 
‘‘(d) RECOGNITION.—Congress hereby recognizes 
forces established under subsection (c) as an integral mili-
tary component of the homeland security effort of the 
United States, while reaffirming that those forces remain 
entirely State regulated, organized, and equipped and rec-
ognizing that those forces will be used for homeland secu-
rity purposes exclusively at the local level and in accord-
ance with State law. 
‘‘(e) ASSISTANCE BY DEPARTMENT OF DEFENSE.— 
(1) The Secretary of Defense may coordinate homeland 
security efforts with, and provide assistance to, a defense 
force established under subsection (c) to the extent such 
assistance is requested by a State or by a force established 
under subsection (c) and subject to the provisions of this 
section.
406 
‘‘(2) The Secretary may not provide assistance under 
paragraph (1) if, in the judgment of the Secretary, such 
assistance would— 
‘‘(A) impede the ability of the Department of 
Defense to execute missions of the Department; 
‘‘(B) take resources away from warfighting 
units; 
‘‘(C) incur nonreimbursed identifiable costs; or 
‘‘(D) consume resources in a manner incon-
sistent with the mission of the Department of De-
fense. 
‘‘(f) USE OF DEPARTMENT OF DEFENSE PROPERTY 
AND EQUIPMENT.—The Secretary of Defense may author-
ize qualified personnel of a force established under sub-
section (c) to use and operate property, arms, equipment, 
and facilities of the Department of Defense as needed in 
the course of training activities and State active duty. 
‘‘(g) TRANSFER OF EXCESS EQUIPMENT.—(1) The 
Secretary of Defense may transfer to a State or a force 
established under subsection (c) any personal property of 
the Department of Defense that the Secretary determines 
is— 
‘‘(A) excess to the needs of the Department of 
Defense; and
407 
‘‘(B) suitable for use by a force established 
under subsection (c). 
‘‘(2) The Secretary of Defense may transfer personal 
property under this section only if— 
‘‘(A) the property is drawn from existing stocks 
of the Department of Defense; 
‘‘(B) the recipient force established under sub-
section (c) accepts the property on an as-is, where- 
is basis; 
‘‘(C) the transfer is made without the expendi-
ture of any funds available to the Department of 
Defense for the procurement of defense equipment; 
and 
‘‘(D) all costs incurred subsequent to the trans-
fer of the property are borne or reimbursed by the 
recipient. 
‘‘(3) Subject to paragraph (2)(D), the Secretary may 
transfer personal property under this section without 
charge to the recipient force established under subsection 
(c). 
‘‘(h) FEDERAL/STATE TRAINING COORDINATION.— 
(1) Participation by a force established under subsection 
(c) in a training program of the Department of Defense 
is at the discretion of the State.
408 
‘‘(2) Nothing in this section may be construed as re-
quiring the Department of Defense to provide any training 
program to any such force. 
‘‘(3) Any such training program shall be conducted 
in accordance with an agreement between the Secretary 
of Defense and the State or the force established under 
subsection (c) if so authorized by State law. 
‘‘(4) Any direct costs to the Department of Defense 
of providing training assistance to a force established 
under subsection (c) shall be reimbursed by the State. Any 
agreement under paragraph (3) between the Department 
of Defense and a State or a force established under sub-
section (c) for such training assistance shall provide for 
payment of such costs. 
‘‘(i) FEDERAL
FUNDING
OF
STATE
DEFENSE 
FORCES.—Funds available to the Department of Defense 
may not be made available to a State defense force. 
‘‘(j) LIABILITY.—Any liability for injuries or dam-
ages incurred by a member of a force established under 
subsection (c) while engaged in training activities or State 
active duty shall be the sole responsibility of the State, 
regardless of whether the injury or damage was incurred 
on United States property or involved United States 
equipment or whether the member was under direct super-
409 
vision of United States personnel at the time of the inci-
dent.’’. 
(b) DEFINITION OF STATE.— 
(1) DEFINITION.—Such section is further 
amended by adding at the end the following new 
subsection: 
‘‘(n) STATE DEFINED.—In this section, the term 
‘State’ includes the District of Columbia, the Common-
wealth of Puerto Rico, Guam, and the Virgin Islands.’’. 
(2) CONFORMING AMENDMENTS.—Such section 
is further amended in subsections (a), (b), and (c) 
by striking ‘‘a State, the Commonwealth of Puerto 
Rico, the District of Columbia, Guam, or the Virgin 
Islands’’ each place it appears and inserting ‘‘a 
State’’. 
(c) STYLISTIC AMENDMENTS.—Such section is fur-
ther amended— 
(1) in subsection (a), by inserting ‘‘PROHIBI-
TION
ON MAINTENANCE
OF OTHER TROOPS.—’’ 
after ‘‘(a)’’; 
(2) in subsection (b), by inserting ‘‘USE WITH-
IN STATE BORDERS.—’’ after ‘‘(b)’’; 
(3) in subsection (c), by inserting ‘‘STATE DE-
FENSE FORCES AUTHORIZED.—’’ after ‘‘(c)’’;
410 
(4) in subsection (k), as redesignated by sub-
section (a)(1), by inserting ‘‘EFFECT OF MEMBER-
SHIP IN DEFENSE FORCES.—’’ after ‘‘(k)’’; and 
(5) in subsection (l), as redesignated by sub-
section (a)(1), by inserting ‘‘PROHIBITION ON RE-
SERVE COMPONENT MEMBERS JOINING DEFENSE 
FORCES.—’’ after ‘‘(l)’’. 
(d) CLERICAL AMENDMENTS.— 
(1) SECTION HEADING.—The heading of such 
section is amended to read as follows: 
‘‘§ 109. Maintenance of other troops: State defense 
forces’’. 
(2) CLERICAL AMENDMENT.—The item relating 
to such section in the table of sections at the begin-
ning of chapter 1 of such title is amended to read 
as follows: 
‘‘109. Maintenance of other troops: State defense forces.’’. 
TITLE X—GENERAL PROVISIONS 
Subtitle A—Financial Matters 
Sec. 1001. General transfer authority. 
Sec. 1002. Incorporation of funding decisions into law. 
Subtitle B—Counter-Drug and Counter-Terrorism Activities 
Sec. 1011. One-year extension of Department of Defense counter-drug authori-
ties and requirements. 
Sec. 1012. Joint task forces support to law enforcement agencies conducting 
counter-terrorism activities. 
Sec. 1013. Border coordination centers in Afghanistan and Pakistan. 
Sec. 1014. Comptroller General report on effectiveness of accountability meas-
ures for assistance from counter-narcotics central transfer ac-
count. 
Subtitle C—Miscellaneous Authorities and Limitations
411 
Sec. 1021. Operational procedures for experimental military prototypes. 
Sec. 1022. Temporary reduction in minimum number of operational aircraft 
carriers. 
Sec. 1023. Limitation on use of funds for the transfer or release of individuals 
detained at United States Naval Station, Guantanamo Bay, 
Cuba. 
Sec. 1024. Charter for the National Reconnaissance Office. 
Subtitle D—Studies and Reports 
Sec. 1031. Report on statutory compliance of the report on the 2009 quadren-
nial defense review. 
Sec. 1032. Report on the force structure findings of the 2009 quadrennial de-
fense review. 
Sec. 1033. Sense of Congress and amendment relating to quadrennial defense 
review. 
Sec. 1034. Strategic review of basing plans for United States European Com-
mand. 
Sec. 1035. National Defense Panel. 
Sec. 1036. Report required on notification of detainees of rights under Miranda 
v. Arizona. 
Sec. 1037. Annual report on the electronic warfare strategy of the Department 
of Defense. 
Sec. 1038. Studies to analyze alternative models for acquisition and funding of 
technologies supporting network-centric operations. 
Subtitle E—Other Matters 
Sec. 1041. Prohibition relating to propaganda. 
Sec. 1042. Extension of certain authority for making rewards for combating 
terrorism. 
Sec. 1043. Technical and clerical amendments. 
Sec. 1044. Repeal of pilot program on commercial fee-for-service air refueling 
support for the Air Force. 
Sec. 1045. Extension of sunset for congressional commission on the strategic 
posture of the United States. 
Sec. 1046. Authorization of appropriations for payments to Portuguese nation-
als employed by the Department of Defense. 
Sec. 1047. Combat air forces restructuring. 
Sec. 1048. Sense of Congress honoring the Honorable Ellen O. Tauscher. 
Sec. 1049. Sense of Congress concerning the disposition of Submarine NR-1. 
Sec. 1050. Compliance with requirement for plan on the disposition of detainees 
at Naval Station, Guantanamo Bay, Cuba. 
Sec. 1051. Sense of Congress regarding carrier air wing force structure. 
Sec. 1052. Sense of Congress on Department of Defense financial improvement 
and audit readiness; plan. 
Sec. 1053. Justice for victims of torture and terrorism. 
Sec. 1054. Repeal of certain laws pertaining to the Joint Committee for the Re-
view of Counterproliferation Programs of the United States. 
Subtitle A—Financial Matters 
SEC. 1001. GENERAL TRANSFER AUTHORITY. 
(a) AUTHORITY TO TRANSFER AUTHORIZATIONS.—
412 
(1) AUTHORITY.—Upon determination by the 
Secretary of Defense that such action is necessary in 
the national interest, the Secretary may transfer 
amounts of authorizations made available to the De-
partment of Defense in this division for fiscal year 
2010 between any such authorizations for that fiscal 
year (or any subdivisions thereof). Amounts of au-
thorizations so transferred shall be merged with and 
be available for the same purposes as the authoriza-
tion to which transferred. 
(2) LIMITATIONS.—Except as provided in para-
graphs (3) and (4), the total amount of authoriza-
tions that the Secretary may transfer under the au-
thority 
of 
this 
section 
may 
not 
exceed 
$5,000,000,000. 
(3) EXCEPTION
FOR
TRANSFERS
BETWEEN 
MILITARY PERSONNEL AUTHORIZATIONS.—A trans-
fer of funds between military personnel authoriza-
tions under title IV shall not be counted toward the 
dollar limitation in paragraph (2). 
(4) EXCEPTION FOR TRANSFERS FOR HEALTH 
INFORMATION
MANAGEMENT
AND
INFORMATION 
TECHNOLOGY SYSTEMS.—A transfer of funds from 
the Office of the Secretary of Defense for the sup-
port of the Department of Defense Health Informa-
413 
tion Management and Information Technology sys-
tems shall not be counted toward the dollar limita-
tion in paragraph (2). 
(b) LIMITATIONS.—The authority provided by this 
section to transfer authorizations— 
(1) may only be used to provide authority for 
items that have a higher priority than the items 
from which authority is transferred; and 
(2) may not be used to provide authority for an 
item that has been denied authorization by Con-
gress. 
(c) EFFECT
ON
AUTHORIZATION
AMOUNTS.—A 
transfer made from one account to another under the au-
thority of this section shall be deemed to increase the 
amount authorized for the account to which the amount 
is transferred by an amount equal to the amount trans-
ferred. 
(d) NOTICE
TO CONGRESS.—The Secretary shall 
promptly notify Congress of each transfer made under 
subsection (a). 
SEC. 1002. INCORPORATION OF FUNDING DECISIONS INTO 
LAW. 
(a) AMOUNTS SPECIFIED IN COMMITTEE REPORT 
ARE AUTHORIZED BY LAW.—Wherever a funding table in 
the report of the Committee on Armed Services of the
414 
House of Representatives to accompany the bill H.R. 2647 
of the 111th Congress specifies a dollar amount for a 
project, program, or activity, the obligation and expendi-
ture of the specified dollar amount for the indicated 
project, program, or activity is hereby authorized by law 
to be carried out to the same extent as if included in the 
text of this Act, subject to the availability of appropria-
tions. 
(b) MERIT-BASED DECISIONS.—Decisions by agency 
heads to commit, obligate, or expend funds with or to a 
specific entity on the basis of dollar amount authorized 
pursuant to subsection (a) shall be based on authorized, 
transparent, statutory criteria, or merit-based selection 
procedures in accordance with the requirements of sec-
tions 2304(k) and 2374 of title 10, United States Code, 
and other applicable provisions of law. 
(c) RELATIONSHIP TO TRANSFER AND REPROGRAM-
MING AUTHORITY.—This section does not prevent an 
amount covered by this section from being transferred or 
reprogrammed under a transfer or reprogramming author-
ity provided by another provision of this Act or by other 
law. The transfer or reprogramming of an amount incor-
porated into the Act by this section shall not count against 
a ceiling on such transfers or reprogrammings under sec-
tion 1001 of this Act or any other provision of law, unless
415 
such transfer or reprogramming would move funds be-
tween appropriation accounts. 
(d) APPLICABILITY TO CLASSIFIED ANNEX.—This 
section applies to any classified annex to the report re-
ferred to in subsection (a). 
(e) ORAL AND WRITTEN COMMUNICATION.—No oral 
or written communication concerning any amount speci-
fied in the report referred to in subsection (a) shall super-
sede the requirements of this section. 
SEC. 1003. ADJUSTMENT OF CERTAIN AUTHORIZATIONS OF 
APPROPRIATIONS. 
(a) AIR FORCE RESEARCH, DEVELOPMENT, TEST, 
AND EVALUATION.—Funds authorized to be appropriated 
in section 201(3) for research, development, test, and eval-
uation for the Air Force are reduced by $2,900,000, to 
be derived from sensors and near field communication 
technologies. 
(b) ARMY OPERATION AND MAINTENANCE.—Funds 
authorized to be appropriated in section 301(1) for oper-
ation and maintenance for the Army are reduced by 
$18,000,000, to be derived from unobligated balances for 
the Army in the amount of $11,700,000 and fuel pur-
chases for the Army in the amount of $6,300,000. 
(c) NAVY OPERATION AND MAINTENANCE.—
416 
(1) REDUCTION.—Funds authorized to be ap-
propriated in section 301(2) for operation and main-
tenance for the Navy are reduced by $22,900,000 to 
be derived from unobligated balances for the Navy 
in the amount of $11,700,000 and fuel purchases 
for the Navy in the amount of $11,200,000. 
(2) AVAILABILITY.—Of the funds authorized to 
be appropriated in section 301(2) for operation and 
maintenance for the Navy for the purpose of Ship 
Activations/Inactivations, $6,000,000 shall be avail-
able for the Navy Ship Disposal–Carrier Demonstra-
tion Project. 
(d) MARINE
CORPS
OPERATION
AND
MAINTE-
NANCE.—Funds authorized to be appropriated in section 
301(3) for operation and maintenance for the Marine 
Corps are reduced by $2,000,000, to be derived from un-
obligated balances for the Marine Corps in the amount 
of $1,100,000 and fuel purchases for the Marine Corps 
in the amount of $900,000. 
(e) AIR FORCE OPERATION AND MAINTENANCE.— 
Funds authorized to be appropriated in section 301(4) for 
operation and maintenance for the Air Force are reduced 
by $25,000,000, to be derived from unobligated balances 
for the Air Force in the amount of $4,300,000 and fuel
417 
purchases for the Air Force in the amount of 
$20,700,000. 
(f) DEFENSE-WIDE
OPERATION
AND
MAINTE-
NANCE.—Funds authorized to be appropriated in section 
301(5) for operation and maintenance for Defense-wide 
activities are reduced by $5,200,000, to be derived from 
unobligated balances for Defense-wide activities in the 
amount of $4,300,000 and fuel purchases for Defense- 
wide activities in the amount of $900,000. 
(g) MILITARY PERSONNEL.—Funds authorized to be 
appropriated in section 421 for military personnel ac-
counts are reduced by $50,000,000, to be derived from 
unobligated balances for military personnel accounts. 
Subtitle B—Counter-Drug and 
Counter-Terrorism Activities 
SEC. 1011. ONE-YEAR EXTENSION OF DEPARTMENT OF DE-
FENSE COUNTER-DRUG AUTHORITIES AND 
REQUIREMENTS. 
(a) REPORTING REQUIREMENT ON EXPENDITURES 
TO SUPPORT FOREIGN COUNTER-DRUG ACTIVITIES.— 
Section 1022(a) of the Floyd D. Spence National Defense 
Authorization Act for Fiscal Year 2001 (as enacted into 
law by Public Law 106–398; 114 Stat. 1654A–255), as 
most recently amended by section 1021 of the Duncan 
Hunter National Defense Authorization Act for Fiscal
418 
Year 2009 (Public Law 110–417; 122 Stat. 4586), is fur-
ther amended by striking ‘‘April 15, 2006’’ and all that 
follows through ‘‘February 15, 2009’’ and inserting ‘‘Feb-
ruary 15, 2010’’. 
(b) UNIFIED COUNTER-DRUG
AND COUNTERTER-
RORISM CAMPAIGN IN COLOMBIA.—Section 1021 of the 
Ronald W. Reagan National Defense Authorization Act 
for Fiscal Year 2005 (Public Law 108–375; 118 Stat. 
2042), as most recently amended by section 1023 of the 
Duncan Hunter National Defense Authorization Act for 
Fiscal Year 2009 (Public Law 110–417; 122 Stat. 4586), 
is further amended— 
(1) in subsection (a), by striking ‘‘2009’’ and 
inserting ‘‘2010’’; and 
(2) in subsection (c), by striking ‘‘2009’’ and 
inserting ‘‘2010’’. 
(c) SUPPORT FOR COUNTER-DRUG ACTIVITIES OF 
CERTAIN FOREIGN GOVERNMENTS.—Section 1033(a)(2) 
of the National Defense Authorization Act for Fiscal Year 
1998 (Public Law 105–85; 111 Stat. 1881), as most re-
cently amended by section 1024(a) of the Duncan Hunter 
National Defense Authorization Act for Fiscal Year 2009 
(Public Law 110–417; 122 Stat. 4587), is further amend-
ed by striking ‘‘2009’’ and inserting ‘‘2010’’.
419 
SEC. 1012. JOINT TASK FORCES SUPPORT TO LAW EN-
FORCEMENT 
AGENCIES 
CONDUCTING 
COUNTER-TERRORISM ACTIVITIES. 
Section 1022(b) of the National Defense Authoriza-
tion Act for Fiscal Year 2004 (Public Law 108–136; 10 
U.S.C. 371 note), as most recently amended by section 
1022 of the Duncan Hunter National Defense Authoriza-
tion Act for Fiscal Year 2009 (Public Law 110–417; 122 
Stat. 4586), is further amended by striking ‘‘2009’’ and 
inserting ‘‘2010’’. 
SEC. 1013. BORDER COORDINATION CENTERS IN AFGHANI-
STAN AND PAKISTAN. 
(a) PROHIBITION ON USE OF COUNTER-NARCOTIC 
ASSISTANCE FOR BORDER COORDINATION CENTERS.— 
(1) PROHIBITION.—Amounts available for drug 
interdiction and counter-drug activities of the De-
partment of Defense may not be expended for the 
construction, expansion, repair, or operation and 
maintenance of any existing or proposed border co-
ordination center. 
(2) RULE OF CONSTRUCTION.—Paragraph (1) 
does not prohibit or limit the use of other funds 
available to the Department of Defense to construct, 
expand, repair, or operate and maintain border co-
ordination centers.
420 
(b) LIMITATION
ON
ESTABLISHMENT
OF
ADDI-
TIONAL CENTERS.—The Secretary of Defense may not 
authorize the establishment, or any construction in con-
nection with the establishment, of a third border coordina-
tion center in the area of operations of Regional Com-
mand–East in the Islamic Republic of Afghanistan until 
a border coordination center has been constructed, or is 
under construction, in either— 
(1) the area of operations of Regional Com-
mand–South in the Islamic Republic of Afghanistan; 
or 
(2) Baluchistan in the Islamic Republic of Paki-
stan. 
(c) BORDER COORDINATION CENTER DEFINED.—In 
this section, the term ‘‘border coordination center’’ means 
multilateral military coordination and intelligence center 
that is located, or intended to be located, near the border 
between the Islamic Republic of Afghanistan and the Is-
lamic Republic of Pakistan. 
SEC. 1014. COMPTROLLER GENERAL REPORT ON EFFEC-
TIVENESS OF ACCOUNTABILITY MEASURES 
FOR 
ASSISTANCE 
FROM 
COUNTER-NAR-
COTICS CENTRAL TRANSFER ACCOUNT. 
(a) REPORT REQUIRED.—Not later than 180 days 
after the date of the enactment of this Act, the Comp-
421 
troller General shall submit to the congressional defense 
committees a report on the performance evaluation system 
used by the Secretary of Defense to assess the effective-
ness of assistance provided for foreign nations to achieve 
the counter-narcotics objectives of the Department of De-
fense. The report shall be unclassified, but may contain 
a classified annex. 
(b) ELEMENTS.—The report required by subsection 
(a) shall contain the following: 
(1) A description of the performance evaluation 
system of the Department of Defense used to deter-
mine the efficiency and effectiveness of counter-nar-
cotics assistance provided by the Department of De-
fense to foreign nations. 
(2) An assessment of the ability of the perform-
ance evaluation system to accurately measure the ef-
ficiency and effectiveness of such counter-narcotics 
assistance. 
(3) Detailed recommendations on how to im-
prove the capacity of the performance evaluation 
system for the counter-narcotics central transfer ac-
count.
422 
Subtitle C—Miscellaneous 
Authorities and Limitations 
SEC. 
1021. 
OPERATIONAL 
PROCEDURES 
FOR 
EXPERI-
MENTAL MILITARY PROTOTYPES. 
(a) IN GENERAL.—For the purposes of conducting 
test and evaluation of experimental military prototypes, 
including major systems, as defined in section 2302 of title 
10, United States Code, that have been substantially 
modified for testing with the goal of developing new tech-
nology for increasing the capability, capacity, efficiency, 
or reliability of such systems, and for stimulating innova-
tion in research and development to improve equipment 
or system capability, the senior military officer of each 
military service, in consultation with the senior acquisition 
executive of each military department, shall develop and 
prescribe guidance to enable an expedited process for the 
documentation and approval of deviations from standard-
ized operating instructions and procedures for systems 
and equipment that have been substantially modified for 
the purpose of research, development, or testing. The 
guidance shall— 
(1) provide for appropriate consideration of the 
safety of personnel conducting such tests and eval-
uations;
423 
(2) ensure that, prior to the approval of any 
such deviation, sufficient engineering and risk man-
agement analysis has been completed by a competent 
technical authority to provide a reasonable basis for 
determining that the proposed deviation will not re-
sult in an unreasonable risk of liability to the United 
States; 
(3) provide full and fair opportunity for all con-
tractors, including non-traditional defense contrac-
tors, who have developed or proposed promising 
technologies, to test and evaluate experimental mili-
tary prototypes in a manner that— 
(A) allows both the contractor and the 
military service to assess the full potential of 
the technology prior to the establishment of a 
formal acquisition program; and 
(B) does not unduly restrict the operating 
envelope, environment, or conditions approved 
for use during test and evaluation on the basis 
of existing operating instructions and proce-
dures developed for sustained operations of 
proven military hardware, but does ensure that 
deviations from existing operating instructions 
and procedures have been subjected to appro-
priate technical review consistent with any
424 
modifications made to the system or equipment; 
and 
(4) ensure that documentation and approval of 
such deviations— 
(A) can be accomplished in a transparent, 
cost-effective, and expeditious manner, generally 
within the period of performance of the contract 
for the development of the experimental mili-
tary prototype; 
(B) address the use of a major system as 
an experimental military prototype by a con-
tractor, and the conduct of test and evaluation 
of such system by the contractor; and 
(C) identify the scope of test and evalua-
tion to be conducted under such deviation, the 
responsibilities of the parties conducting the 
test and evaluation, including the assumption of 
liability, and the responsibility for disposal of 
the experimental military prototype or, as ap-
propriate, the return of a major system to its 
original condition. 
(b) REPORT.—Not later than 12 months after the 
date of the enactment of this Act, the Secretary of each 
military department shall submit to the congressional de-
fense committees a report documenting the guidance de-
425 
veloped in accordance with subsection (a) and describing 
how such guidance fulfills the objectives under paragraphs 
(1) through (4) of such subsection. 
(c) ONE TIME AUTHORITY TO CONVEY.— 
(1) IN GENERAL.—In advance of the develop-
ment of a process required by subsection (a), the 
Secretary of the Navy is authorized to convey, with-
out consideration, to Piasecki Aircraft Corporation 
of Essington, Pennsylvania (in this section referred 
to as ‘‘transferee’’), all right, title, and interest of 
the United States, except as otherwise provided in 
this subsection, in and to Navy aircraft N40VT (Bu-
reau Number 163283), also known as the X–49A 
aircraft, and associated components and test equip-
ment, previously specified as Government furnished 
equipment in contract N00019–00–C–0284. The 
conveyance shall be made by means of a deed of gift. 
(2) CONDITIONS.—The conveyance under para-
graph (1) may only be made under the following 
conditions: 
(A) The aircraft shall be conveyed in its 
current, ‘‘as is’’ condition. 
(B) The Secretary is not required to repair 
or alter the condition of the aircraft before con-
veying ownership of the aircraft.
426 
(C) The conveyance shall be made at no 
cost to the United States. Any costs associated 
with the conveyance shall be borne by the trans-
feree. 
(D) The Secretary may require such addi-
tional terms and conditions in connection with 
a conveyance under this section as the Sec-
retary considers appropriate to protect the in-
terests of the United States, except that such 
terms and conditions shall include, at a min-
imum— 
(i) a provision stipulating that the 
conveyance of the X–49A aircraft is for 
the sole purpose of further development, 
test, and evaluation of vectored thrust 
ducted propeller (VTDP) technology and 
that all items referenced in paragraph (1) 
will transfer back to the United States 
Navy, at no cost to the United States, in 
the event that the X–49A aircraft is uti-
lized for any other purpose; and 
(ii) a provision providing the Govern-
ment the right to procure the vectored 
thrust ducted propeller (VTDP) technology 
demonstrated under this program at a dis-
427 
counted cost based on the value of the X– 
49A aircraft and associated equipment at 
the time of transfer, with such valuation 
and terms determined by the Secretary. 
(E) Upon such conveyance, the United 
States shall not be liable for any death, injury, 
loss, or damage that results from the use of 
that aircraft by any person other than the 
United States. 
SEC. 1022. TEMPORARY REDUCTION IN MINIMUM NUMBER 
OF OPERATIONAL AIRCRAFT CARRIERS. 
(a) TEMPORARY WAIVER.—Notwithstanding section 
5062(b) of title 10, United States Code, during the period 
beginning on the date of the inactivation of the U.S.S. 
Enterprise (CVN–65) scheduled, as of the date of the en-
actment of this Act, for fiscal year 2013 and ending on 
the date of the commissioning into active service of the 
U.S.S. Gerald R. Ford (CVN–78), the number of oper-
ational aircraft carriers in the naval combat forces of the 
Navy may be 10. 
(b) EVALUATION AND REPORT.— 
(1) EVALUATION.—During the fiscal year 2012, 
the Chairman of the Joint Chiefs of Staff, in coordi-
nation with the commanders of the combatant com-
mands, shall evaluate the required postures and ca-
428 
pabilities of each of the combatant commands to as-
sess the level of increased risk that could result due 
to a temporary reduction in the total number of 
operational aircraft carriers following the inactiva-
tion of the U.S.S. Enterprise (CVN–65). 
(2) REPORT TO CONGRESS.—Together with the 
budget materials submitted to Congress by the Sec-
retary of Defense in support of the President’s 
budget for fiscal year 2013, the Secretary of De-
fense shall submit to the congressional defense com-
mittees a report containing the findings of the eval-
uation conducted pursuant to paragraph (1), and 
the basis for each such finding. 
SEC. 1023. LIMITATION ON USE OF FUNDS FOR THE TRANS-
FER OR RELEASE OF INDIVIDUALS DETAINED 
AT UNITED STATES NAVAL STATION, GUAN-
TANAMO BAY, CUBA. 
(a) IN GENERAL.—The Secretary of Defense may not 
use any of the amounts authorized to be appropriated in 
this Act or otherwise available to the Department of De-
fense for fiscal year 2010 or any subsequent fiscal year 
to release or transfer any individual described in sub-
section (d) to the United States, its territories, or posses-
sions, until 120 days after the President has submitted
429 
to the congressional defense committees the plan described 
in subsection (b). 
(b) PLAN REQUIRED.—The President shall submit to 
the congressional defense committees a plan on the dis-
position of each individual described in subsection (d). 
Such plan shall include— 
(1) an assessment of the risk that the indi-
vidual described in subsection (d) poses to the na-
tional security of the United States, its territories, 
or possessions; 
(2) a proposal for the disposition of each such 
individual; 
(3) a plan to mitigate any risks described in 
paragraph (1) should the proposed disposition re-
quired by paragraph (2) include the release or trans-
fer to the United States, its territories, or posses-
sions of any such individual; and 
(4) a summary of the consultation required in 
subsection (c). 
(c) CONSULTATION REQUIRED.—The President shall 
consult with the chief executive of the State, the District 
of Columbia, or the territory or possession of the United 
States to which the disposition in subsection (b) includes 
a release or transfer to that State, District of Columbia, 
or territory or possession.
430 
(d) DETAINEES
DESCRIBED.—An individual de-
scribed in this subsection is any individual who is located 
at United States Naval Station, Guantanamo Bay, Cuba, 
as of the date of the enactment of this Act, who— 
(1) is not a citizen of the United States; and 
(2) is— 
(A) in the custody or under the effective 
control of the Department of Defense; or 
(B) otherwise under detention at the 
United States Naval Station, Guantanamo Bay, 
Cuba. 
SEC. 1024. CHARTER FOR THE NATIONAL RECONNAIS-
SANCE OFFICE. 
Not later than 90 days after the date of the enact-
ment of this Act, the Director of National Intelligence and 
the Secretary of Defense shall jointly submit to the con-
gressional intelligence and defense committees a revised 
charter for the National Reconnaissance Office (herein-
after in this section referred to as the ‘‘NRO’’). The char-
ter shall include the following: 
(1) The organizational and governance struc-
ture of the NRO. 
(2) The provision of NRO participation in the 
development and generation of requirements and ac-
quisition.
431 
(3) The scope of the capabilities of the NRO. 
(4) The roles and responsibilities of the NRO 
and the relationship of the NRO to other organiza-
tions and agencies in the intelligence and defense 
communities. 
Subtitle D—Studies and Reports 
SEC. 1031. REPORT ON STATUTORY COMPLIANCE OF THE 
REPORT ON THE 2009 QUADRENNIAL DE-
FENSE REVIEW. 
(a) COMPTROLLER GENERAL REPORT.—Not later 
than 90 days after the Secretary of Defense releases the 
report on the 2009 quadrennial defense review, the Comp-
troller General shall submit to the congressional defense 
committees and to the Secretary of Defense a report on 
the degree to which the report on the 2009 quadrennial 
defense review complies with the requirements of sub-
section (d) of section 118 of title 10, United States Code. 
(b) SECRETARY
OF
DEFENSE
REPORT.—If the 
Comptroller General determines that the report on the 
2009 quadrennial defense review deviates significantly 
from the requirements of subsection (d) of section 118 of 
such title, the Secretary of Defense shall submit to the 
congressional defense committees a report addressing the 
areas of deviation not later than 30 days after the submis-