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(b) PERMANENT AUTHORITY.— 
(1) IN
GENERAL.—Such section is further 
amended by striking paragraph (6). 
(2) CONFORMING AMENDMENTS.—Such section is 
further amended— 
(A) in the subsection heading, by striking 
‘‘PILOT’’; and 
(B) by striking ‘‘Pilot’’ each place it ap-
pears. 
SEC. 835. MEASURES TO ENSURE THE SAFETY OF FACILI-
TIES, INFRASTRUCTURE, AND EQUIPMENT 
FOR MILITARY OPERATIONS. 
(a) POLICY.—It shall be the policy of the Department 
of Defense to incorporate generally accepted industry stand-
ards for the safety and health of personnel, to the maximum 
extent practicable, into requirements for facilities, infra-
structure, and equipment that are intended for use by mili-
tary or civilian personnel of the Department in current and 
future contingency operations. 
(b) CONTRACTS.—Not later than 120 days after the 
date of the enactment of this Act, the Secretary of Defense 
shall submit to the congressional defense committees a re-
port describing that actions that the Department of Defense 
has taken, or plans to take, to ensure that each contract 
or task or delivery order entered into for the construction,
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installation, repair, maintenance, or operation of facilities 
for use by military or civilian personnel of the Department 
in current and future contingency operations complies with 
the policy established in subsection (a). 
(c) GENERALLY ACCEPTED INDUSTRY STANDARDS FOR 
SAFETY.—For the purposes of this section, generally accept-
ed industry standards for the safety of personnel include— 
(1) appropriate standards with respect to fire 
protection and structural integrity; and 
(2) standards with respect to electrical systems, 
water treatment, and telecommunications networks. 
SEC. 836. REPEAL OF REQUIREMENTS RELATING TO THE 
MILITARY SYSTEM ESSENTIAL ITEM BREAK-
OUT LIST. 
Section 813 of the National Defense Authorization Act 
for Fiscal Year 2004 (Public Law 108–136; 117 Stat. 1543) 
is repealed. 
SEC. 837. DEFENSE SCIENCE BOARD REPORT ON RARE 
EARTH MATERIALS IN THE DEFENSE SUPPLY 
CHAIN. 
(a) REPORT REQUIRED.—Not later than one year 
after the date of the enactment of this Act, the Defense 
Science Board shall submit to the Committees on Armed 
Services of the Senate and the House of Representatives a
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report on the usage of rare earth materials in the supply 
chain of the Department of Defense. 
(b) ELEMENTS.—The report required by subsection (a) 
shall address, at a minimum, the following: 
(1) The current and projected domestic and 
world-wide availability of rare earth materials for use 
by the Department of Defense in its weapon systems. 
(2) The extent to which weapon systems acquired 
by the Department of Defense are currently dependent 
on, or are projected to become dependent on, rare 
earth materials supplied by sources that could be in-
terrupted. 
(3) The risk to national security, if any, of de-
pendence on such sources for rare earth materials. 
(4) Any steps that the Department of Defense has 
taken or is planning to take to address any such risk 
to national security. 
(5) Such recommendations for further action to 
address the matters covered by the report as the De-
fense Science Board considers appropriate. 
(c) DEFINITIONS.—In this section: 
(1) The term ‘‘rare earth’’ means the chemical 
elements in the periodic table beginning with lan-
thanum and continuing to lutetium, and any associ-
ated elements.
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(2) The term ‘‘rare earth material’’ includes rare 
earth ores, semi-finished rare earth products, and 
components containing rare earth materials. 
SEC. 838. SMALL BUSINESS CONTRACTING PROGRAMS PAR-
ITY. 
Section 31(b)(2)(B) of the Small Business Act (15 
U.S.C. 657a(b)(2)(B)) is amended by striking ‘‘shall’’ and 
inserting ‘‘may’’. 
TITLE IX—DEPARTMENT OF DE-
FENSE 
ORGANIZATION 
AND 
MANAGEMENT 
Subtitle A—Department of Defense 
Management 
SEC. 901. DEPUTY UNDER SECRETARIES OF DEFENSE AND 
ASSISTANT SECRETARIES OF DEFENSE. 
(a) DEPUTY UNDER SECRETARIES OF DEFENSE.— 
Chapter 4 of title 10, United States Code, is amended by 
adding after section 137 the following new section: 
‘‘§ 137a. Deputy Under Secretaries of Defense 
‘‘(a)(1) There are five Deputy Under Secretaries of De-
fense. 
‘‘(2)(A) The Deputy Under Secretaries of Defense re-
ferred to in paragraphs (1) through (3) of subsection (c) 
shall be appointed as provided in the applicable paragraph.
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‘‘(B) The Deputy Under Secretaries of Defense referred 
to in paragraphs (4) and (5) of subsection (c) shall be ap-
pointed from civilian life by the President, by and with 
the advice and consent of the Senate. 
‘‘(3) The five Deputy Under Secretaries of Defense au-
thorized by this section are the only Deputy Under Secre-
taries of Defense. 
‘‘(b) Each Deputy Under Secretary of Defense shall be 
the first assistant to an Under Secretary of Defense and 
shall assist such Under Secretary in the performance of the 
duties of the position of such Under Secretary and shall 
act for, and exercise the powers of, such Under Secretary 
when such Under Secretary is absent or disabled. 
‘‘(c)(1) One of the Deputy Under Secretaries is the 
Principal Deputy Under Secretary of Defense for Acquisi-
tion, Technology, and Logistics appointed pursuant to sec-
tion 133a of this title. 
‘‘(2) One of the Deputy Under Secretaries is the Prin-
cipal Deputy Under Secretary of Defense for Policy ap-
pointed pursuant to section 134a of this title. 
‘‘(3) One of the Deputy Under Secretaries is the Prin-
cipal Deputy Under Secretary of Defense for Personnel and 
Readiness appointed pursuant to section 136a of this title.
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‘‘(4) One of the Deputy Under Secretaries shall be the 
Principal Deputy Under Secretary of Defense (Comp-
troller). 
‘‘(5) One of the Deputy Under Secretaries shall be the 
Principal Deputy Under Secretary of Defense for Intel-
ligence. 
‘‘(d) The Deputy Under Secretaries of Defense take 
precedence in the Department of Defense after the Secretary 
of Defense, the Deputy Secretary of Defense, the Secretaries 
of the military departments, the Under Secretaries of De-
fense, and the Deputy Chief Management Officer of the De-
partment of Defense.’’. 
(b) ASSISTANT SECRETARIES OF DEFENSE.— 
(1) REDESIGNATION
OF
DEPUTY
UNDER
SEC-
RETARY FOR LOGISTICS AND MATERIEL READINESS AS 
ASSISTANT SECRETARY.—Chapter 4 of such title is 
further amended— 
(A) by transferring section 133b to appear 
after section 138 and redesignating such section, 
as so transferred, as section 138a; and 
(B) in such section, as so transferred and 
redesignated, by striking ‘‘Deputy Under Sec-
retary’’ each place it appears and inserting ‘‘As-
sistant Secretary’’.
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(2) ADDITIONAL ASSISTANT SECRETARIES.—Sec-
tion 138 of such title is amended— 
(A) by striking subsection (a) and inserting 
the following new subsection (a): 
‘‘(a)(1) There are 16 Assistant Secretaries of Defense. 
‘‘(2)(A) The Assistant Secretary of Defense referred to 
in subsection (b)(7) shall be appointed as provided in that 
subsection. 
‘‘(B) The other Assistant Secretaries of Defense shall 
be appointed from civilian life by the President, by and 
with the advice and consent of the Senate.’’; and 
(B) in subsection (b), by adding the fol-
lowing new paragraphs: 
‘‘(6) One of the Assistant Secretaries shall be the As-
sistant Secretary of Defense for Acquisition. The Assistant 
Secretary of Defense for Acquisition is the principal adviser 
to the Secretary of Defense and the Under Secretary of De-
fense for Acquisition, Technology, and Logistics on matters 
relating to acquisition. 
‘‘(7) One of the Assistant Secretaries is the Assistant 
Secretary of Defense for Logistics and Materiel Readiness 
appointed pursuant to section 138a of this title. In addition 
to any duties and powers prescribed under paragraph (1), 
the Assistant Secretary of Defense for Logistics and Mate-
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riel Readiness shall have the duties specified in section 138a 
of this title. 
‘‘(8) One of the Assistant Secretaries shall be the As-
sistant Secretary of Defense for Installations and Environ-
ment. The Assistant Secretary of Defense for Installations 
and Environment is the principal adviser to the Secretary 
of Defense and the Under Secretary of Defense for Acquisi-
tion, Technology, and Logistics on matters relating to De-
partment of Defense installations and environmental pol-
icy. 
‘‘(9) One of the Assistant Secretaries shall be the As-
sistant Secretary of Defense for Manufacturing and Indus-
trial Base. The Assistant Secretary of Defense for Manufac-
turing and Industrial Base is the principal adviser to the 
Secretary of Defense and the Under Secretary of Defense 
for Acquisition, Technology, and Logistics on policies relat-
ing to the defense industrial base, carrying out the require-
ments of chapter 148 of this title, and executing the authori-
ties provided by the Defense Production Act of 1950 (50 
U.S.C. App. 2061 et seq.). 
‘‘(10) One of the Assistant Secretaries shall be the As-
sistant Secretary of Defense for Readiness. The Assistant 
Secretary of Defense for Readiness is the principal adviser 
to the Secretary of Defense and the Under Secretary of De-
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fense for Personnel and Readiness on matters relating to 
military readiness. 
‘‘(11) One of the Assistant Secretaries shall be the As-
sistant Secretary of Defense for Strategy, Plans, and Forces. 
The Assistant Secretary of Defense for Strategy, Plans, and 
Forces is the principal adviser to the Secretary of Defense 
and the Under Secretary of Defense for Policy on matters 
relating to strategy, plans, and forces.’’. 
(c) CONFORMING AND CLERICAL AMENDMENTS.— 
(1) CONFORMING AMENDMENTS.— 
(A) Section 133a of such title is amended— 
(i) by striking ‘‘Deputy Under Sec-
retary of Defense for Acquisition and Tech-
nology’’ each place it appears and inserting 
‘‘Principal Deputy Under Secretary of De-
fense for Acquisition, Technology, and Lo-
gistics’’; and 
(ii) by striking ‘‘duties relating to ac-
quisition and technology’’ and inserting 
‘‘duties’’. 
(B) Section 134a of such title is amended 
by striking ‘‘Deputy Under Secretary’’ each 
place it appears and inserting ‘‘Principal Dep-
uty Under Secretary’’. 
(C) Section 134b of such title is repealed.
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(D) Section 136a of such title is amended 
by striking ‘‘Deputy Under Secretary’’ each 
place it appears and inserting ‘‘Principal Dep-
uty Under Secretary’’. 
(2) SECTION HEADING AMENDMENTS.— 
(A) The heading of section 133a of such title 
is amended to read as follows: 
‘‘§ 133a. Principal Deputy Under Secretary of Defense 
for Acquisition, Technology, and Logis-
tics’’. 
(B) The heading of section 134a of such title 
is amended to read as follows: 
‘‘§ 134a. Principal Deputy Under Secretary of Defense 
for Policy’’. 
(C) The heading of section 136a of such title 
is amended to read as follows: 
‘‘§ 136a. Principal Deputy Under Secretary of Defense 
for Personnel and Readiness’’. 
(D) The heading of section 138a of such 
title, as transferred and redesignated by sub-
section (b)(1) of this section, is amended to read 
as follows:
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‘‘§ 138a. Assistant Secretary of Defense for Logistics 
and Materiel Readiness’’. 
(3) CLERICAL AMENDMENTS.—The table of sec-
tions at the beginning of chapter 4 of such title is 
amended— 
(A) by striking the item relating to section 
133a and inserting the following new item: 
‘‘133a. Principal Deputy Under Secretary of Defense for Acquisition, Technology, 
and Logistics.’’; 
(B) by striking the items relating to sections 
134a and 134b and inserting the following new 
item: 
‘‘134a. Principal Deputy Under Secretary of Defense for Policy.’’; 
(C) by striking the item relating to section 
136a and inserting the following new item: 
‘‘136a. Principal Deputy Under Secretary of Defense for Personnel and Readi-
ness.’’; 
(D) by inserting after the item relating to 
section 137 the following new item: 
‘‘137a. Deputy Under Secretaries of Defense.’’; and 
(E) by inserting after the item relating to 
section 138 the following new item: 
‘‘138a. Assistant Secretary of Defense for Logistics and Materiel Readiness.’’. 
(d) EXECUTIVE SCHEDULE MATTERS.— 
(1) LEVEL III.—Section 5314 of title 5, United 
States Code, is amended by striking the item relating 
to the Deputy Under Secretary of Defense for Acquisi-
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tion and Technology and inserting the following new 
item: 
‘‘Principal Deputy Under Secretary of Defense 
for Acquisition, Technology, and Logistics.’’. 
(2) LEVEL
IV.—Section 5315 of such title is 
amended— 
(A) by striking the item relating to the As-
sistant Secretaries of Defense and inserting the 
following new item: 
‘‘Assistant Secretaries of Defense (16).’’; and 
(B) by striking the items relating to the 
Deputy Under Secretary of Defense for Policy, 
the Deputy Under Secretary of Defense for Per-
sonnel and Readiness, and the Deputy Under 
Secretary of Defense for Logistics and Materiel 
Readiness and inserting the following new items: 
‘‘Principal Deputy Under Secretary of Defense 
for Policy. 
‘‘Principal Deputy Under Secretary of Defense 
for Personnel and Readiness. 
‘‘Principal Deputy Under Secretary of Defense 
(Comptroller). 
‘‘Principal Deputy Under Secretary of Defense 
for Intelligence.’’.
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SEC. 902. REPEAL OF CERTAIN LIMITATIONS ON PER-
SONNEL AND CONSOLIDATION OF REPORTS 
ON MAJOR DEPARTMENT OF DEFENSE HEAD-
QUARTERS ACTIVITIES. 
(a) REPEAL OF CERTAIN LIMITATIONS ON PERSONNEL 
ASSIGNED TO MAJOR HEADQUARTERS ACTIVITIES.— 
(1) REPEALS.—The following provisions of law 
are repealed: 
(A) Section 143 of title 10, United States 
Code. 
(B) Section 194 of such title. 
(C) Sections 3014(f), 5014(f), and 8014(f) of 
such title. 
(D) Section 601 of the Goldwater-Nichols 
Department of Defense Reorganization Act of 
1986 (10 U.S.C. 194 note). 
(2) CLERICAL AMENDMENTS.— 
(A) The table of sections at the beginning of 
chapter 4 of title 10, United States Code, is 
amended by striking the item relating to section 
143. 
(B) The table of sections at the beginning of 
subchapter I of chapter 8 of such title is amend-
ed by striking the item relating to section 194. 
(b) CONSOLIDATED ANNUAL REPORT.—
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† HR 2647 EAS 
(1) INCLUSION IN ANNUAL DEFENSE MAPOWER 
REQUIREMENTS REPORT.—Section 115a of such title 
is amended by inserting after subsection (e) the fol-
lowing new subsection: 
‘‘(f) The Secretary shall also include in each such re-
port the following information with respect to personnel as-
signed to or supporting major Department of Defense head-
quarters activities: 
‘‘(1) The military end strength and civilian full- 
time equivalents assigned to major Department of De-
fense headquarters activities for the preceding fiscal 
year and estimates of such numbers for the current 
fiscal year and the budget fiscal year. 
‘‘(2) A summary of the replacement during the 
preceding fiscal year of contract workyears providing 
support to major Department of Defense headquarters 
activities with military end strength or civilian full- 
time equivalents, including an estimate of the number 
associated with the replacement of contracts per-
forming inherently governmental or exempt functions. 
‘‘(3) The plan for the continued review of con-
tract personnel supporting major Department of De-
fense headquarters activities for possible conversion to 
military or civilian performance in accordance with 
section 2463 of this title.’’.
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(2) TECHNICAL AMENDMENTS TO REFLECT NAME 
OF REPORT.— 
(A) Subsection (a) of such section is amend-
ed by inserting ‘‘defense’’ before ‘‘manpower re-
quirements report’’. 
(B)(i) The heading of such section is 
amended to read as follows: 
‘‘§ 115a. Annual defense manpower requirements re-
port’’. 
(ii) The item relating to such section in the 
table of sections at the beginning of chapter 2 of 
such title is amended to read as follows: 
‘‘1115a. Annual defense manpower requirements report.’’. 
(3) CONFORMING REPEALS.—The following pro-
visions of law are repealed: 
(A) Subsections (b) and (c) of section 901 of 
the National Defense Authorization Act for Fis-
cal Year 2008 (Public Law 110–181; 122 Stat. 
272). 
(B) Section 1111 of the Duncan Hunter Na-
tional Defense Authorization Act for Fiscal Year 
2009 (Public Law 110–417; 122 Stat. 4619).
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SEC. 903. SENSE OF SENATE ON THE WESTERN HEMI-
SPHERE INSTITUTE FOR SECURITY COOPERA-
TION. 
(a) FINDINGS.—The Senate makes the following find-
ings: 
(1) The Western Hemisphere Institute for Secu-
rity Cooperation was established by section 911 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–226). 
(2) The Western Hemisphere Institute for Secu-
rity Cooperation provides professional education and 
training to military personnel, law enforcement offi-
cials, and civilian personnel in support of the demo-
cratic principles set forth in the Charter of the Orga-
nization of American States. The Institute effectively 
promotes mutual knowledge, transparency, confidence, 
and cooperation among participating nations. It also 
effectively builds strategic partnerships to address the 
great security challenges in the region while encour-
aging democratic values, respect for human rights, 
subordination to civilian authority, and under-
standing of United States customs and traditions. 
(3) The Western Hemisphere Institute for Secu-
rity Cooperation supports the Security Cooperation 
Guidance of the Secretary of Defense by addressing
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the building partner capacity education and training 
needs of the United States Southern Command and 
the United States Northern Command. 
(4) In a joint letter, dated April 9, 2009, Gen-
eral Renuart, the Commander of the United States 
Northern Command, and Admiral Stavridis, the 
Commander of the United States Southern Command, 
write ‘‘[t]he outstanding service that WHINSEC pro-
vides directly supports the United States Southern 
Command’s and United States Northern Command’s 
strategic objective of fostering lasting partnerships 
that will ensure security, enhance stability, and en-
able prosperity throughout the Americas’’ and notes 
that the Institute provides ‘‘culturally-sensitive train-
ing, with a strong emphasis on the values of democ-
racy and human rights’’. 
(5) In establishing the Western Hemisphere In-
stitute for Security Cooperation, Congress mandates 
that participants at the Institute receive a minimum 
of 8 hours of instruction on human rights, due proc-
ess, the rule of law, the role of the Armed Forces in 
a democratic society, and civilian control of the mili-
tary. Every course devotes at least 10 percent of its 
course work to democracy, ethics, and human rights 
issues. The Institute is also required to develop a cur-
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† HR 2647 EAS 
riculum 
that 
includes 
leadership 
development, 
counterdrug operations, peacekeeping, resource man-
agement, and disaster relief planning. In fiscal year 
2008, the Institute presented 39 courses and hosted 
1,196 students in residence at Fort Benning, Georgia, 
of whom 292 were police personnel, and trained an 
additional 280 students through the Mobile Training 
Team programs of the Institute. 
(6) Congress mandated the formation of a Fed-
eral advisory committee—an oversight committee 
unique to the Western Hemisphere Institute for Secu-
rity Cooperation. It provides recommendations and 
an independent review of the Institute and its cur-
riculum to ensure the uniform adherence of the Insti-
tute to United States law, regulations, and policies. 
The Board of Visitors of the Institute includes the 
Chairman and Ranking Member of the Committee on 
Armed Services of the Senate, the Chairman and 
Ranking Member of the Committee on Armed Services 
of the House of Representatives, the Secretary of 
State, the Commander of the United States Southern 
Command, the Commander of the United States 
Northern Command, the Commander of the United 
States Training and Doctrine Command, and six 
members designated by the Secretary of Defense. The
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six members designated by the Secretary of Defense 
include, to the extent practicable, individuals from 
academia and the religious and human rights com-
munities. In addition to the 13 members of the Board 
of Visitors, advisors and subject matter experts assist 
the Board in areas the Board considers necessary and 
appropriate. 
(7) The Western Hemisphere Institute for Secu-
rity Cooperation operates in accordance with section 
8130 of the Department of Defense Appropriations 
Act, 1999 (Public Law 105–262; 112 Stat. 2335) that 
prohibits United States military assistance to foreign 
military units that violate human rights, including 
security assistance programs funded through appro-
priations available for foreign operations and train-
ing programs funded through appropriations made 
available for the Department of Defense. 
(8) The Western Hemisphere Institute for Secu-
rity Cooperation does not select students for partici-
pation in its courses. A partner nation nominates 
students to attend the Institute, and in accordance 
with the law of the United States and the policies of 
the Department of Defense and the Department of 
State, the United States Embassy in such partner na-
tion screens and conducts background checks on such
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† HR 2647 EAS 
nominees. The vetting process of nominees for partici-
pation in the Institute includes a background check 
by United States embassies in partner nations, as 
well as checks by the Bureau of Western Hemisphere 
Affairs and the Bureau of Democracy, Human 
Rights, and Labor at the Department of State. The 
Department of State also uses the Abuse Case Evalua-
tion System, a central database that aggregates 
human rights abuse data into a single, searchable lo-
cation, to ensure nominees have not been accused of 
any human rights abuses. 
(9) The training provided by the Western Hemi-
sphere Institute for Security Cooperation is trans-
parent and the Institute is open to visitors at any 
time. Visitors are welcome to sit in on classes, talk 
with students and faculty, and review instructional 
materials. Every year, the Institute hosts more than 
a thousand visiting students, faculty, civilian, and 
military officials. 
(b) SENSE OF SENATE.—It is the sense of the Senate 
that— 
(1) the Western Hemisphere Institute for Secu-
rity Cooperation— 
(A) offers quality professional military bi-
lingual instruction for military officers and non-
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commissioned officers that promotes democracy, 
subordination to civilian authority, and respect 
for human rights; and 
(B) is uniquely positioned to support the 
modernization of Latin America security forces 
as they work to transcend their own controver-
sial pasts; 
(2) the Western Hemisphere Institute for Secu-
rity Cooperation is building partner capacity which 
enhances regional and global security while encour-
aging respect for human rights and promoting demo-
cratic principles among eligible military personnel, 
law enforcement officials, and civilians of nations of 
the Western Hemisphere; 
(3) the Western Hemisphere Institute for Secu-
rity Cooperation is an invaluable education and 
training facility whose curriculum is not duplicated 
in any of the military departments and is not re-
placeable by professional military education funded 
by appropriations for International Military Edu-
cation and Training (IMET), which education is not 
conducted in Spanish and does not concentrate on re-
gional challenges; and 
(4) the Western Hemisphere Institute for Secu-
rity Cooperation is an essential tool to educate future
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† HR 2647 EAS 
generations of Latin American leaders and improve 
United States relationships with partner nations that 
are working with the United States to promote de-
mocracy, prosperity, and stability in the Western 
Hemisphere. 
SEC. 904. REESTABLISHMENT OF POSITION OF VICE CHIEF 
OF THE NATIONAL GUARD BUREAU. 
(a) REESTABLISHMENT OF POSITION.— 
(1) IN
GENERAL.—Chapter 1011 of title 10, 
United States Code, is amended— 
(A) by redesignating section 10505 as sec-
tion 10505a; and 
(B) by inserting after section 10504 the fol-
lowing new section 10505: 
‘‘§ 10505. Vice Chief of the National Guard Bureau 
‘‘(a) APPOINTMENT.—(1) There is a Vice Chief of the 
National Guard Bureau, selected by the Secretary of De-
fense from officers of the Army National Guard of the 
United States or the Air National Guard of the United 
States who— 
‘‘(A) are recommended for such appointment by 
their respective Governors or, in the case of the Dis-
trict of Columbia, the commanding general of the Dis-
trict of Columbia National Guard;
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† HR 2647 EAS 
‘‘(B) have had at least 10 years of federally rec-
ognized service in an active status in the National 
Guard; and 
‘‘(C) are in a grade above the grade of colonel. 
‘‘(2) The Chief and Vice Chief of the National Guard 
Bureau may not both be members of the Army or of the 
Air Force. 
‘‘(3)(A) Except as provided in subparagraph (B), an 
officer appointed as Vice Chief of the National Guard Bu-
reau serves for a term of four years, but may be removed 
from office at any time for cause. 
‘‘(B) The term of the Vice Chief of the National Guard 
Bureau shall end within a reasonable time (as determined 
by the Secretary of Defense) following the appointment of 
a Chief of the National Guard Bureau who is a member 
of the same armed force as the Vice Chief. 
‘‘(b) DUTIES.—The Vice Chief of the National Guard 
Bureau performs such duties as may be prescribed by the 
Chief of the National Guard Bureau. 
‘‘(c) GRADE.—The Vice Chief of the National Guard 
Bureau shall be appointed to serve in a grade decided by 
the Secretary of Defense. 
‘‘(d) FUNCTIONS AS ACTING CHIEF.—When there is a 
vacancy in the office of the Chief of the National Guard 
Bureau or in the absence or disability of the Chief, the Vice
419 
† HR 2647 EAS 
Chief of the National Guard Bureau acts as Chief and per-
forms the duties of the Chief until a successor is appointed 
or the absence of disability ceases.’’. 
(2) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of chapter 1011 of such title is 
amended by striking the item relating to section 
10505 and inserting the following new items: 
‘‘10505. Vice Chief of the National Guard Bureau. 
‘‘10505a. Director of the Joint Staff of the National Guard Bureau.’’. 
(b) CONFORMING AMENDMENT.—Section 10506(a)(1) 
of such title is amended by striking ‘‘and the Director of 
the Joint Staff of the National Guard Bureau’’ and insert-
ing ‘‘, the Vice Chief of the National Guard Bureau, and 
the Director of the Joint Staff of the National Guard Bu-
reau’’. 
Subtitle B—Space Matters 
SEC. 911. PROVISION OF SPACE SITUATIONAL AWARENESS 
SERVICES 
AND 
INFORMATION 
TO 
NON- 
UNITED STATES GOVERNMENT ENTITIES. 
(a) IN GENERAL.—Section 2274 of title 10, United 
States Code, is amended to read as follows: 
‘‘§ 2274. Space situational awareness services and in-
formation: provision to non-United States 
Government entities 
‘‘(a) AUTHORITY.—The Secretary of Defense may pro-
vide space situational awareness services and information
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† HR 2647 EAS 
to, and may obtain space situational awareness data and 
information from, non-United States Government entities 
in accordance with this section. Any such action may be 
taken only if the Secretary determines that such action is 
consistent with the national security interests of the United 
States. 
‘‘(b) ELIGIBLE ENTITIES.—The Secretary may pro-
vide services and information under subsection (a) to, and 
may obtain data and information under subsection (a) 
from, any non-United States Government entity, including 
any of the following: 
‘‘(1) A State. 
‘‘(2) A political subdivision of a State. 
‘‘(3) A United States commercial entity. 
‘‘(4) The government of a foreign country. 
‘‘(5) A foreign commercial entity. 
‘‘(c) AGREEMENT.—The Secretary may not provide 
space situational awareness services and information under 
subsection (a) to a non-United States Government entity 
unless that entity enters into an agreement with the Sec-
retary under which the entity— 
‘‘(1) agrees to pay an amount that may be 
charged by the Secretary under subsection (d); 
‘‘(2) agrees not to transfer any data or technical 
information received under the agreement, including
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† HR 2647 EAS 
the analysis of data, to any other entity without the 
express approval of the Secretary; and 
‘‘(3) agrees to any other terms and conditions 
considered necessary by the Secretary. 
‘‘(d) CHARGES.—(1) As a condition of an agreement 
under subsection (c), the Secretary may (except as provided 
in paragraph (2)) require the non-United States Govern-
ment entity entering into the agreement to pay to the De-
partment of Defense such amounts as the Secretary deter-
mines appropriate to reimburse the Department for the 
costs to the Department of providing space situational 
awareness services or information under the agreement. 
‘‘(2) The Secretary may not require the government 
of a State, or of a political subdivision of a State, to pay 
any amount under paragraph (1). 
‘‘(e) CREDITING OF FUNDS RECEIVED.—(1) Funds re-
ceived for the provision of space situational awareness serv-
ices or information pursuant to an agreement under this 
section shall be credited, at the election of the Secretary, 
to the following: 
‘‘(A) The appropriation, fund, or account used 
in incurring the obligation. 
‘‘(B) An appropriate appropriation, fund, or ac-
count currently available for the purposes for which 
the expenditures were made.
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‘‘(2) Funds credited under paragraph (1) shall be 
merged with, and remain available for obligation with, the 
funds in the appropriation, fund, or account to which cred-
ited. 
‘‘(f) PROCEDURES.—The Secretary shall establish pro-
cedures by which the authority under this section shall be 
carried out. As part of those procedures, the Secretary may 
allow space situational awareness services or information 
to be provided through a contractor of the Department of 
Defense. 
‘‘(g) NONDISCLOSURE.—Any information received 
under subsection (a), records of agreements entered into 
under subsection (c), and analyses or data provided as a 
part of the provision of services or information under this 
section shall be exempt from disclosure under section 
552(b)(3) of title 5. 
‘‘(h) IMMUNITY.—The United States, any agencies and 
instrumentalities thereof, and any individuals, firms, cor-
porations, and other persons acting for the United States, 
shall be immune from any suit in any court for any cause 
of action arising from the provision or receipt of space situ-
ational awareness services or information, whether or not 
provided in accordance with this section, or any related ac-
tion or omission.’’.
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(b) CLERICAL AMENDMENT.—The table of sections at 
the beginning of chapter 135 of such title is amended by 
striking the item relating to section 2274 and inserting the 
following new item: 
‘‘2274. Space situational awareness services and information: provision to non- 
United States Government entities.’’. 
(c) EFFECTIVE DATE.—The amendments made by this 
section shall take effect on October 1, 2009, or the date of 
the enactment of this Act, whichever is later. 
SEC. 912. PLAN FOR MANAGEMENT AND FUNDING OF NA-
TIONAL POLAR-ORBITING OPERATIONAL EN-
VIRONMENTAL SATELLITE SYSTEM PROGRAM. 
(a) IN GENERAL.—The Secretary of Defense, the Sec-
retary of Commerce, and the Administrator of the National 
Aeronautics and Space Administration shall jointly develop 
a plan for the management and funding of the National 
Polar-Orbiting Operational Environmental Satellite Sys-
tem Program (in this section referred to as the ‘‘Program’’) 
by the Department of Defense, the Department of Com-
merce, and the National Aeronautics and Space Adminis-
tration. 
(b) ELEMENTS.—The plan required under subsection 
(a) shall include the following: 
(1) Requirements for the Program. 
(2) The management structure of the Program.
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(3) A funding profile for the Program for each 
year of the Program for the Department of Defense, 
the Department of Commerce, and the National Aero-
nautics and Space Administration. 
(c) LIMITATION ON USE OF FUNDS.—Of the amounts 
authorized to be appropriated for fiscal year 2010 by sec-
tion 201(a)(3) for research, development, test, and evalua-
tion for the Air Force and available for the Program, not 
more than 50 percent of such amounts may be obligated 
or expended before the date on which the plan developed 
under subsection (a) is submitted to the congressional de-
fense committees, the Committee on Commerce, Science, and 
Transportation of the Senate, and the Committee on Energy 
and Commerce of the House of Representatives. 
(d) SENSE OF SENATE.—It is the sense of the Senate 
that— 
(1) the National Polar-Orbiting Operational En-
vironmental Satellite System Program, including the 
sensors, satellites, and orbits included in the Program, 
should be maintained; 
(2) the National Polar-Orbiting Operational En-
vironmental Satellite System preparatory project 
should be managed and treated as an operational sat-
ellite;
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(3) the responsibility of Department of Defense 
milestone decision authority for the Program should 
be delegated to the Department of Defense Executive 
Agent for Space, and the Department of Defense Exec-
utive Agent for Space should become the member of 
the Tri-Agency Executive Committee from the Depart-
ment of Defense; 
(4) the Program Executive Office of the Program 
should report directly to and take direction exclu-
sively from the Tri-Agency Executive Committee; 
(5) the acquisition procedures of the Department 
of Defense should continue to be used in the Program; 
(6) the Administrator of the National Aero-
nautics and Space Administration and the Secretary 
of the Air Force should make support from the God-
dard Space Flight Center and the Space and Missile 
Systems Center, respectively, available for the Pro-
gram, as needed; 
(7) the budget for the Program should not be less 
than the estimate of the Cost Analysis Improvement 
Group of the Department of Defense for the Program; 
(8) the Program should continue to be managed 
by a single program manager; 
(9) the Program should be managed as a long- 
term operational program; and
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(10) once all requirements for the Program are 
fully agreed to by the Secretary of Defense, the Sec-
retary of Commerce, and the Administrator of the Na-
tional Aeronautics and Space Administration, the 
Program should be executed with no modifications to 
those requirements that would increase the cost, or ex-
tend the schedule, of the Program. 
Subtitle C—Intelligence Matters 
SEC. 921. INCLUSION OF DEFENSE INTELLIGENCE AGENCY 
IN AUTHORITY TO USE PROCEEDS FROM 
COUNTERINTELLIGENCE OPERATIONS. 
(a) IN GENERAL.—Section 423 of title 10, United 
States Code, is amended by inserting ‘‘and the Defense In-
telligence Agency’’ after ‘‘the military departments’’ each 
place it appears in subsections (a) and (c). 
(b) CONFORMING AMENDMENTS.— 
(1) HEADING AMENDMENT.—The heading of such 
section is amended to read as follows: 
‘‘§ 423. Authority to use proceeds from counterintel-
ligence operations of the military depart-
ments and the Defense Intelligence Agen-
cy’’. 
(2) TABLE OF SECTIONS.—The table of sections 
at the beginning of chapter 21 of such title is amend-
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ed by striking the item relating to section 423 and in-
serting the following new item: 
‘‘423. Authority to use proceeds from counterintelligence operations of the military 
departments and the Defense Intelligence Agency.’’. 
Subtitle D—Other Matters 
SEC. 931. UNITED STATES MILITARY CANCER INSTITUTE. 
(a) ESTABLISHMENT.—Chapter 104 of title 10, United 
States Code, is amended by adding at the end the following 
new section: 
‘‘§ 2118. United States Military Cancer Institute 
‘‘(a) ESTABLISHMENT.—The Secretary of Defense shall 
establish in the University the United States Military Can-
cer Institute. The Institute shall be established pursuant to 
regulations prescribed by the Secretary. 
‘‘(b) PURPOSES.—The purposes of the Institute are as 
follows: 
‘‘(1) To establish and maintain a clearinghouse 
of data on the incidence and prevalence of cancer 
among members and former members of the armed 
forces. 
‘‘(2) To conduct research that contributes to the 
detection or treatment of cancer among the members 
and former members of the armed forces. 
‘‘(c) HEAD OF INSTITUTE.—The Director of the United 
States Military Cancer Institute is the head of the Institute.
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The Director shall report to the President of the University 
regarding matters relating to the Institute. 
‘‘(d) ELEMENTS.—(1) The Institute is composed of 
clinical and basic scientists in the Department of Defense 
who have an expertise in research, patient care, and edu-
cation relating to oncology and who meet applicable criteria 
for affiliation with the Institute. 
‘‘(2) The components of the Institute include military 
treatment and research facilities that meet applicable cri-
teria and are designated as affiliates of the Institute. 
‘‘(e) RESEARCH.—(1) The Director of the United 
States Military Cancer Institute shall carry out research 
studies on the following: 
‘‘(A) The epidemiological features of cancer, in-
cluding assessments of the carcinogenic effect of ge-
netic and environmental factors, and of disparities in 
health, inherent or common among populations of 
various ethnic origins within the members of the 
armed forces. 
‘‘(B) The prevention and early detection of can-
cer among members and former members of the armed 
forces. 
‘‘(C) Basic, translational, and clinical investiga-
tion matters relating to the matters described in sub-
paragraphs (A) and (B).
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‘‘(2) The research studies under paragraph (1) shall 
include complementary research on oncologic nursing. 
‘‘(f) COLLABORATIVE RESEARCH.—The Director of the 
United States Military Cancer Institute shall carry out the 
research studies under subsection (e) in collaboration with 
other cancer research organizations and entities selected by 
the Institute for purposes of the research studies. 
‘‘(g) ANNUAL REPORT.—(1) Not later than November 
1 each year, the Director of the United States Military Can-
cer Institute shall submit to the President of the University 
a report on the current status of the research studies being 
carried out by the Institute under subsection (e). 
‘‘(2) Not later than 60 days after receiving a report 
under paragraph (1), the President of the University shall 
transmit such report to the Secretary of Defense and to Con-
gress.’’. 
(b) CLERICAL AMENDMENT.—The table of sections at 
the beginning of chapter 104 of such title is amended by 
adding at the end the following new item: 
‘‘2118. United States Military Cancer Institute.’’. 
SEC. 932. INSTRUCTION OF PRIVATE SECTOR EMPLOYEES 
IN CYBER SECURITY COURSES OF THE DE-
FENSE CYBER INVESTIGATIONS TRAINING 
ACADEMY. 
(a) AUTHORITY TO RECEIVE INSTRUCTION.—
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(B) whose work product is relevant to na-
tional security policy or strategy. 
(2) DURATION OF TREATMENT.—An individual 
is eligible for treatment as a private sector employee 
for purposes of this section only so long as the indi-
vidual remains employed by a private entity de-
scribed in paragraph (1). 
(c) CURRICULA OPEN TO ENROLLEES.—The curricula 
of instruction for which eligible private sector employees 
may enroll at the Defense Cyber Investigations Training 
Academy under this section may only include curricula of 
instruction otherwise offered by the Academy that, as deter-
mined by the Secretary, are not readily available through 
other educational institutions. 
(d) TUITION.—A private sector employee enrolled at 
the Defense Cyber Investigations Training Academy under 
this section shall be charged tuition at a rate equal to the 
rate charged for civilian employees of the Federal Govern-
ment at the Academy. 
(e) STANDARDS OF CONDUCT.—While receiving in-
struction at the Defense Cyber Investigations Training 
Academy under this section, private sector employees en-
rolled at the Academy under this section shall, to the extent 
practicable, be subject to the same regulations governing 
academic performance, attendance, norms of behavior, and
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enrollment as apply to civilian employees of the Federal 
Government receiving instruction at the Academy. 
(f) USE OF FUNDS.—Notwithstanding section 3302 of 
title 31, United States Code, or any other provision of law, 
amounts received by the Defense Cyber Investigations 
Training Academy for the instruction of private sector em-
ployees enrolled under this section shall be retained by the 
Academy to defray the costs of such instruction. The source 
and disposition of funds so retained and utilized shall be 
specifically identified in records of the Academy. 
SEC. 933. PLAN ON ACCESS TO NATIONAL AIRSPACE FOR 
UNMANNED AIRCRAFT. 
(a) IN GENERAL.—The Secretary of Defense and the 
Secretary of Transportation shall, after consultation with 
the Secretary of Homeland Security, jointly develop a plan 
for providing access to the national airspace for unmanned 
aircraft of the Department of Defense. 
(b) ELEMENTS.—The plan required by subsection (a) 
shall include the following: 
(1) A description of how the Department of De-
fense and the Department of Transportation will com-
municate and cooperate, at the executive, manage-
ment, and action levels, to provide access to the na-
tional airspace for unmanned aircraft of the Depart-
ment of Defense.
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(2) Specific milestones, aligned to operational 
and training needs, for providing access to the na-
tional airspace for unmanned aircraft and a transi-
tion plan for sites programmed to be activated as un-
manned aerial system sites during fiscal years 2010 
through 2015. 
(3) Recommendations for policies with respect to 
use of the national airspace, flight standards, and op-
erating procedures that should be implemented by the 
Department of Defense and the Department of Trans-
portation to accommodate unmanned aircraft as-
signed to any State or territory of the United States. 
(4) An identification of resources required by the 
Department of Defense and the Department of Trans-
portation to execute the plan. 
(c) REPORT.—Not later than 180 days after the date 
of the enactment of this Act, the Secretary of Defense and 
the Secretary of Transportation shall submit to the congres-
sional defense committees, the Committee on Commerce, 
Science, and Transportation of the Senate, and the Com-
mittee on Transportation and Infrastructure of the House 
of Representatives a report containing the plan required by 
subsection (a).
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TITLE X—GENERAL PROVISIONS 
Subtitle A—Financial Matters 
SEC. 1001. GENERAL TRANSFER AUTHORITY. 
(a) AUTHORITY TO TRANSFER AUTHORIZATIONS.— 
(1) AUTHORITY.—Upon determination by the 
Secretary of Defense that such action is necessary in 
the national interest, the Secretary may transfer 
amounts of authorizations made available to the De-
partment of Defense in this division for fiscal year 
2010 between any such authorizations for that fiscal 
year (or any subdivisions thereof). Amounts of au-
thorizations so transferred shall be merged with and 
be available for the same purposes as the authoriza-
tion to which transferred. 
(2) LIMITATION.—Except as provided in para-
graph (3), the total amount of authorizations that the 
Secretary may transfer under the authority of this 
section may not exceed $4,000,000,000. 
(3) EXCEPTION FOR TRANSFERS BETWEEN MILI-
TARY
PERSONNEL
AUTHORIZATIONS.—A transfer of 
funds between military personnel authorizations 
under title IV shall not be counted toward the dollar 
limitation in paragraph (2). 
(b) LIMITATIONS.—The authority provided by this sec-
tion to transfer authorizations—
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(1) may only be used to provide authority for 
items that have a higher priority than the items from 
which authority is transferred; and 
(2) may not be used to provide authority for an 
item that has been denied authorization by Congress. 
(c) EFFECT ON AUTHORIZATION AMOUNTS.—A trans-
fer made from one account to another under the authority 
of this section shall be deemed to increase the amount au-
thorized for the account to which the amount is transferred 
by an amount equal to the amount transferred. 
(d) NOTICE
TO
CONGRESS.—The Secretary shall 
promptly notify Congress of each transfer made under sub-
section (a) 
SEC. 1002. AUDIT READINESS OF FINANCIAL STATEMENTS 
OF THE DEPARTMENT OF DEFENSE. 
(a) AUDIT READINESS OBJECTIVES.—It shall be the 
objective of the Department of Defense to ensure that— 
(1) the financial statements of the Department of 
the Army are validated as ready for audit by not 
later than March 31, 2017; 
(2) the financial statements of the Department of 
the Navy are validated as ready for audit by not later 
than March 31, 2016;
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(3) the financial statements of the Department of 
the Air Force are validated as ready for audit by not 
later than September 30, 2016; 
(4) the financial statements of the Defense Logis-
tics Agency are validated as ready for audit by not 
later than September 30, 2017; and 
(5) the financial statements of the Department of 
Defense are validated as ready for audit by not later 
than September 30, 2017. 
(b) ADJUSTMENT OF DEADLINE FOR OBJECTIVES.— 
(1) IN GENERAL.—In the event that the appro-
priate chief management officer determines that the 
Department of Defense, a military department, or the 
Defense Logistics Agency will be unable to meet the 
deadline for an objective as specified in subsection 
(a), the chief management officer may adjust the 
deadline for meeting such objective. 
(2) REPORT.—Not later than 30 days after ad-
justing the deadline for an objective pursuant to 
paragraph (1), the chief management officer con-
cerned shall submit to the congressional defense com-
mittees a report setting forth— 
(A) a statement of the reasons why the De-
partment of Defense, the military department, or
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the Defense Logistics Agency, as applicable, will 
be unable to meet the deadline for such objective; 
(B) a proposed completion date for the 
achievement of compliance with such objective; 
and 
(C) a description of the actions that have 
been taken and are planned to be taken by the 
Department of Defense, the military department, 
or the Defense Logistics Agency, as applicable, to 
meet such objective. 
(3) APPROPRIATE
CHIEF
MANAGEMENT
OFFI-
CER.—For the purposes of this subsection, the appro-
priate chief management officer is as follows: 
(A) For the objective in subsection (a)(1), 
the Chief Management Officer of the Army. 
(B) For the objective in subsection (a)(2), 
the Chief Management Officer of the Navy. 
(C) For the objective in subsection (a)(3), 
the Chief Management Officer of the Air Force. 
(D) For the objective in subsection (a)(4), 
the Deputy Chief Management Officer of the De-
partment of Defense. 
(E) For the objective in subsection (a)(5), 
the Chief Management Officer of the Department 
of Defense.
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(c) FINANCIAL
IMPROVEMENT
AUDIT
READINESS 
PLAN.— 
(1) IN GENERAL.—The Chief Management Offi-
cer of the Department of Defense shall, in consulta-
tion with the Under Secretary of Defense (Comp-
troller), develop and maintain a plan to be known as 
the ‘‘Financial Improvement and Audit Readiness 
Plan’’. 
(2) ELEMENTS.—The plan required by para-
graph (1) shall— 
(A) describe specific actions to be taken to— 
(i) correct financial management defi-
ciencies that impair the ability of the De-
partment of Defense to prepare timely, reli-
able, and complete financial management 
information; and 
(ii) meet the objectives specified in sub-
section (a); and 
(B) systematically tie the actions described 
under subparagraph (A) to process and control 
improvements and business systems moderniza-
tion efforts described in the business enterprise 
architecture and transition plan required by sec-
tion 2222 of title 10, United States Code.
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(d) SEMI-ANNUAL REPORTS ON FINANCIAL IMPROVE-
MENT AND AUDIT READINESS PLAN.— 
(1) IN GENERAL.—Not later than May 15 and 
November 15 each year, the Under Secretary of De-
fense (Comptroller) shall submit to the congressional 
defense committees a report on the status of the imple-
mentation by the Department of Defense of the Fi-
nancial Improvement and Audit Readiness Plan re-
quired by subsection (c). 
(2) ELEMENTS.—Each report under paragraph 
(1) shall include, at a minimum— 
(A) an overview of the steps the Department 
has taken or plans to take to meet the objectives 
specified in subsection (a), including any in-
terim objectives established by the Department 
for that purpose; and 
(B) a description of any impediments iden-
tified in the efforts of the Department to meet 
such objectives, and of the actions the Depart-
ment has taken or plans to take to address such 
impediments. 
(3) ADDITIONAL ISSUES TO BE ADDRESSED IN 
FIRST
REPORT.—The first report submitted under 
paragraph (1) after the date of the enactment of this 
Act shall address, in addition to the elements required
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by paragraph (2), the actions taken or to be taken by 
the Department as follows: 
(A) To develop standardized guidance for fi-
nancial improvement plans by components of the 
Department. 
(B) To establish a baseline of financial 
management capabilities and weaknesses at the 
component level of the Department. 
(C) To provide results-oriented metrics for 
measuring and reporting quantifiable results to-
ward addressing financial management defi-
ciencies. 
(D) To define the oversight roles of the Chief 
Management Officer of the Department of De-
fense, the chief management officers of the mili-
tary departments, and other appropriate ele-
ments of the Department to ensure that the re-
quirements of the Financial Improvement and 
Audit Readiness Plan are carried out. 
(E) To assign accountability for carrying 
out specific elements of the Financial Improve-
ment and Audit Readiness Plan to appropriate 
officials and organizations at the component 
level of the Department.
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(F) To develop mechanisms to track budgets 
and expenditures for the implementation of the 
requirements of the Financial Improvement and 
Audit Readiness Plan. 
(e) RELATIONSHIP TO EXISTING LAW.—The require-
ments of this section shall be implemented in a manner that 
is consistent with the requirements of section 1008 of the 
National Defense Authorization Act for Fiscal Year 2002 
(Public Law 107–107; 115 Stat. 1204; 10 U.S.C. 2222 
note). 
Subtitle B—Naval Vessels and 
Shipyards 
SEC. 1011. TEMPORARY REDUCTION IN MINIMUM NUMBER 
OF AIRCRAFT CARRIERS IN ACTIVE SERVICE. 
Notwithstanding section 5062(b) of title 10, United 
States Code, during the period beginning on the date of the 
decommissioning of the U.S.S. Enterprise (CVN 65) 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.
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SEC. 1012. REPEAL OF POLICY RELATING TO THE MAJOR 
COMBATANT 
VESSELS 
OF 
THE 
STRIKE 
FORCES OF THE UNITED STATES NAVY. 
Section 1012 of the National Defense Authorization 
Act for Fiscal Year 2008 (Public Law 110–181; 122 Stat. 
303) is repealed. 
SEC. 1013. SENSE OF SENATE ON THE MAINTENANCE OF A 
313-SHIP NAVY. 
(a) FINDINGS.—The Senate makes the following find-
ings: 
(1) The Department of the Navy has a stated re-
quirement for a 313-ship fleet. 
(2) The Navy can better meet this requirement— 
(A) by procuring sufficient numbers of new 
ships; and 
(B) by ensuring the sound material condi-
tion of existing ships that will enable the Navy 
to utilize them for their full planned service 
lives. 
(3) When procuring new classes of ships, the 
Navy must exercise greater caution than it has exhib-
ited to date in proceeding from one stage of the acqui-
sition cycle to the next before a ship program has 
achieved a level of maturity that significantly lowers 
the risk of cost growth and schedule slippage.
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(4) In retaining existing assets, the Navy can do 
a much better job of achieving the full planned service 
lives of ships and extending the service lives of certain 
ships so as to keep their unique capabilities in the 
fleet while the Navy takes the time necessary to de-
velop and field next-generation capabilities under a 
low risk program. 
(5) The Navy can undertake certain development 
approaches that can help the Navy control the total 
costs of ownership of a ship or class of ships, includ-
ing emphasizing common hull designs, open architec-
ture combat systems, and other common ship systems 
in order to achieve efficiency in acquiring and sup-
porting various classes of ships. 
(6) The Navy needs to continue its efforts toward 
achieving an open architecture for existing combat 
systems, as this will have great benefit in reducing the 
costs and risks of fielding new classes of ships, and 
will yield recurring savings from reducing the costs of 
buying later ships in a program and reducing life 
cycle support costs for ships and classes of ships. 
(7) The Navy can also undertake other measures 
to acquire new ships and maintain the current fleet 
with greater efficiency, including— 
(A) greater use of fixed-price contracts;
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(B) maximizing competition (or the option 
of competition) throughout the life cycle of its 
ships; 
(C) entering into multiyear contracts when 
warranted; and 
(D) employing an incremental approach to 
developing new technologies. 
(b) SENSE OF SENATE.—It is the sense of the Senate 
that— 
(1) the Navy should meet its requirement for a 
313-ship fleet; 
(2) the Navy should take greater care to achieve 
the full planned service life of existing ships and re-
duce the incidence of early ship decommissioning; 
(3) the Navy should exercise greater restraint on 
the acquisition process for ships in order to achieve 
on-time, on-cost shipbuilding programs; and 
(4) Congress should support the Navy when it is 
acting responsibly to undertake measures that can 
help the Navy achieve the requirement for a 313-ship 
fleet and maintain a fleet that is adequate to meet the 
national security needs of the United States. 
SEC. 1014. DESIGNATION OF U.S.S. CONSTITUTION AS 
AMERICA’S SHIP OF STATE. 
(a) FINDINGS.—Congress makes the following findings:
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(1) The 3rd Congress authorized, in the Act enti-
tled ‘‘An Act to Provide a Naval Armament’’, ap-
proved on March 27, 1794 (1 Stat. 350, Chap. XII), 
the construction of six frigates as the first ships to be 
built for the United States Navy. 
(2) One of the six frigates was built in Boston 
between 1794 and 1797, and is the only one of the 
original six ships to survive. 
(3) President George Washington named this 
frigate ‘‘Constitution’’ to represent the Nation’s 
founding document. 
(4) President Thomas Jefferson, asserting the 
right of the United States to trade on the high seas, 
dispatched the frigate Constitution in 1803 as the 
flagship of the Mediterranean Squadron to end the 
depredations of the Barbary States against United 
States ships and shipping, which led to a treaty being 
signed with the Bashaw of Tripoli in the Captain’s 
cabin aboard the frigate Constitution on June 4, 
1805. 
(5) The frigate Constitution, with her defeat of 
HMS Guerriere, secured the first major victory by the 
young United States Navy against the Royal Navy 
during the War of 1812, gaining in the process the
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nickname ‘‘Old Ironsides’’, which she has proudly 
carried since. 
(6) Congress awarded gold medals to four of the 
ship’s commanding officers (Preble, Hull, Stewart, 
and Bainbridge), a record unmatched by any other 
United States Navy vessel. 
(7) The frigate Constitution emerged from the 
War of 1812 undefeated, having secured victories over 
three additional ships of the Royal Navy. 
(8) As early as May 1815, the frigate Constitu-
tion had already been adopted as a symbol of the 
young Republic, as attested by the [Washington] Na-
tional Intelligencer which proclaimed, ‘‘Let us keep 
‘Old Ironsides’ at home. She has, literally become the 
Nation’s Ship . . . and should thus be preserved . . . 
in honorable pomp, as a glorious Monument of her 
own, and our other Naval Victories.’’. 
(9) Rumors in 1830 that ‘‘Old Ironsides,’’ an 
aging frigate, was about to be scrapped resulted in a 
public uproar demanding that the ship be restored 
and preserved, spurred by Oliver Wendell Holmes’ 
immortal poem ‘‘Old Ironsides’’. 
(10) ‘‘Old Ironsides’’ circumnavigated the world 
between 1844 and 1846, showing the American flag as 
she searched for future coaling stations that would
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eventually fuel the steam-powered navy of the United 
States. 
(11) The first Pope to set foot on United States 
sovereign territory was Pius IX onboard the frigate 
Constitution in 1849. 
(12) ‘‘Old Ironsides’’ helped evacuate the United 
States Naval Academy from Annapolis, Maryland, to 
Newport, Rhode Island, in 1860 to prevent this es-
teemed ship from falling into Confederate hands. 
(13) Congressman John F. ‘‘Honey Fitz’’ Fitz-
gerald introduced legislation in 1896 to return ‘‘Old 
Ironsides’’ from the Portsmouth (New Hampshire) 
Naval Shipyard, where she was moored pier side and 
largely forgotten, to Boston for her 100th birthday. 
(14) Thousands of school children contributed 
pennies between 1925 an 1927 to help fund a much 
needed restoration for ‘‘Old Ironsides’’. 
(15) Between 1931 and 1934, more than 
4,500,000 Americans gained inspiration, at the depth 
of the Great Depression, by going aboard ‘‘Old Iron-
sides’’ as she was towed to 76 ports on the Atlantic, 
Gulf, and Pacific coasts. 
(16) The 83rd Congress enacted the Act of July 
23, 1954 (68 Stat. 527, chapter 565), which directed 
the Secretary of the Navy to transfer to the States
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and appropriate commissions four other historic ships 
then on the Navy inventory, and to repair and equip 
U.S.S. Constitution, as much as practicable, to her 
original condition, but not for active service. 
(17) Queen Elizabeth II paid a formal visit to 
U.S.S. Constitution in 1976, at the start of her state 
visit marking the Bicentennial of the United States. 
(18) The U.S.S. Constitution, in celebration of 
her bicentennial, returned to sea under sail on July 
21, 1997 for the first time since 1881, proudly setting 
sails purchased by the contributions of thousands of 
pennies given by school children across the United 
States. 
(19) The U.S.S. Constitution is the oldest com-
missioned warship afloat in the world. 
(20) The U.S.S. Constitution is a National His-
toric Landmark. 
(21) The U.S.S. Constitution continues to per-
form official, ceremonial duties, including in recent 
years hosting a congressional dinner honoring the late 
Senator John Chafee of Rhode Island, a special salute 
for the dedication of the John Moakley Federal Court-
house, a luncheon honoring British Ambassador Sir 
David Manning, and a special underway demonstra-
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† HR 2647 EAS 
tion during which 60 Medal of Honor recipients each 
received a personal Medal of Honor flag. 
(22) The U.S.S. Constitution celebrated on Octo-
ber 21, 2007, the 210th anniversary of her launching. 
(23) The U.S.S. Constitution will remain a com-
missioned ship in the United States Navy, with the 
Navy retaining control of the ship, its material condi-
tion, and its employment. 
(24) The U.S.S. Constitution’s primary mission 
will remain education and public outreach, and any 
Ship of State functions will be an adjunct to the 
ship’s primary mission. 
(b) DESIGNATION AS AMERICA’S SHIP OF STATE.— 
(1) IN
GENERAL.—The U.S.S. Constitution is 
hereby designated as ‘‘America’s Ship of State’’. 
(2) REFERENCES.—The U.S.S. Constitution may 
be known or referred to as ‘‘America’s Ship of State’’. 
(3) SENSE
OF
CONGRESS.—It is the sense of 
Congress that the President, Vice President, executive 
branch officials, and members of Congress should uti-
lize the U.S.S. Constitution for the conducting of per-
tinent matters of state, such as hosting visiting heads 
of state, signing legislation relating to the Armed 
Forces, and signing maritime related treaties.
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(4) FEE OR REIMBURSEMENT STRUCTURE FOR 
NON-DEPARTMENT OF THE NAVY USE.—The Secretary 
of the Navy shall determine an appropriate fee or re-
imbursement structure for any non-Department of the 
Navy entities using the U.S.S. Constitution for Ship 
of State purposes. 
Subtitle C—Counter-Drug Activities 
SEC. 1021. EXTENSION AND MODIFICATION OF AUTHORITY 
TO 
PROVIDE 
ADDITIONAL 
SUPPORT 
FOR 
COUNTER-DRUG 
ACTIVITIES 
OF 
CERTAIN 
FOREIGN GOVERNMENTS. 
(a) EXTENSION OF AUTHORITY.—Subsection (a)(2) of 
section 1033 of the National Defense Authorization Act for 
Fiscal Year 1998 (Public Law 105–85; 111 Stat. 1881), as 
amended by section 1021 of the National Defense Authoriza-
tion Act for Fiscal Year 2004 (Public Law 108–136; 117 
Stat. 1593), section 1022 of the John Warner National De-
fense Authorization Act for Fiscal Year 2007 (Public Law 
109–364; 120 Stat. 2137), section 1022 of the National De-
fense Authorization Act for Fiscal Year 2008 (Public Law 
110–181; 122 Stat. 304), and section 1024 of the Duncan 
Hunter National Defense Authorization Act for Fiscal Year 
2009 (Public Law 110–417; 122 Stat. 4587), is further 
amended by striking ‘‘2009’’ and inserting ‘‘2010’’.
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† HR 2647 EAS 
(b) MAXIMUM ANNUAL AMOUNT OF SUPPORT.—Sub-
section (e)(2) of such section is amended— 
(1) by striking ‘‘or’’ before ‘‘$75,000,000’’; and 
(2) by striking the period at the end and insert-
ing ‘‘, or $100,000,000 during fiscal year 2010.’’. 
(c) CONDITIONS ON PROVISION OF SUPPORT.—Sub-
section (f)(2) of such section is amended in the matter pre-
ceding subparagraph (A) by striking ‘‘for fiscal year 2009 
to carry out this section and the first fiscal year in which 
the support is to be provided’’ and inserting ‘‘and available 
for support’’. 
(d) COUNTER-DRUG PLAN.—Subsection (h) of such 
section is amended— 
(1) in the matter preceding paragraph (1), by 
striking ‘‘fiscal year 2009’’ and inserting ‘‘for each 
fiscal year’’; and 
(2) in paragraph (7), by striking ‘‘fiscal year 
2009, and thereafter, for the first fiscal year in which 
support is to be provided’’ and inserting ‘‘each fiscal 
year in which support is to be provided a govern-
ment’’.
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† HR 2647 EAS 
SEC. 1022. ONE-YEAR EXTENSION OF AUTHORITY FOR 
JOINT TASK FORCES SUPPORT TO LAW EN-
FORCEMENT 
AGENCIES 
CONDUCTING 
COUNTER-TERRORISM ACTIVITIES. 
(a) ONE-YEAR EXTENSION.—Subsection (b) of section 
1022 of the National Defense Authorization Act for Fiscal 
Year 2004 (10 U.S.C. 371 note) is amended by striking 
‘‘2009’’ and inserting ‘‘2010’’. 
(b) ANNUAL REPORT.—Subsection (c) of such section 
is amended to read as follows: 
‘‘(c) ANNUAL REPORT.—Not later than December 31 
of each year after 2008 in which the authority in subsection 
(a) is in effect, the Secretary of Defense shall submit to the 
congressional defense committees a report setting forth, for 
the one-year period ending on the date of such report, the 
following: 
‘‘(1) An assessment of the effect on counter-drug 
and counter-terrorism activities and objectives of 
using counter-drug funds of a joint task force to pro-
vide counterterrorism support authorized by sub-
section (a). 
‘‘(2) A description of the type of support and 
any recipient of support provided under subsection 
(a). 
‘‘(3) A list of current joint task forces conducting 
counter-drug operations.’’.
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† HR 2647 EAS 
SEC. 1023. ONE-YEAR EXTENSION OF AUTHORITY TO SUP-
PORT 
UNIFIED 
COUNTER-DRUG 
AND 
COUNTERTERRORISM CAMPAIGN IN COLOM-
BIA. 
Section 1021 of the Ronald W. Reagan National De-
fense Authorization Act for Fiscal Year 2005 (Public Law 
108–375; 118 Stat. 2042), as amended by section 1023 of 
the John Warner National Defense Authorization Act for 
Fiscal Year 2007 (Public Law 109–364; 120 Stat. 2382) 
and 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)(1), by striking ‘‘2009’’ and 
inserting ‘‘2010’’; and 
(2) in subsection (c), by striking ‘‘2009’’ and in-
serting ‘‘2010’’. 
Subtitle D—Military Commissions 
SEC. 1031. MILITARY COMMISSIONS. 
(a) IN GENERAL.—Chapter 47A of title 10, United 
States Code, is amended to read as follows: 
‘‘CHAPTER 47A—MILITARY COMMISSIONS 
‘‘SUBCHAPTER 
Sec. 
‘‘I. General Provisions .....................................................................................
948a. 
‘‘II. Composition of Military Commissions ...................................................
948h. 
‘‘III. Pre-Trial Procedure ................................................................................
948q. 
‘‘IV. Trial Procedure ........................................................................................
949a. 
‘‘V. Classified Information Procedures ........................................................... 949p–1. 
‘‘VI. Sentences ..................................................................................................
949s. 
‘‘VII. Post-Trial Procedures and Review of Military Commissions ............
950a. 
‘‘VIII. Punitive Matters ...................................................................................
950p.
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‘‘SUBCHAPTER I—GENERAL PROVISIONS 
‘‘Sec. 
‘‘948a. Definitions. 
‘‘948b. Military commissions generally. 
‘‘948c. Persons subject to military commissions. 
‘‘948d. Jurisdiction of military commissions. 
‘‘§ 948a. Definitions 
‘‘In this chapter: 
‘‘(1) ALIEN.—The term ‘alien’ means an indi-
vidual who is not a citizen of the United States. 
‘‘(2) CLASSIFIED INFORMATION.—The term ‘clas-
sified information’ means the following: 
‘‘(A) Any information or material that has 
been determined by the United States Govern-
ment pursuant to statute, Executive order, or 
regulation to require protection against unau-
thorized disclosure for reasons of national secu-
rity. 
‘‘(B) Any restricted data, as that term is 
defined in section 11 y. of the Atomic Energy 
Act of 1954 (42 U.S.C. 2014(y)). 
‘‘(3) COALITION PARTNER.—The term ‘coalition 
partner’, with respect to hostilities engaged in by the 
United States, means any State or armed force di-
rectly engaged along with the United States in such 
hostilities or providing direct operational support to 
the United States in connection with such hostilities.
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‘‘(4) GENEVA
CONVENTION
RELATIVE
TO
THE 
TREATMENT OF PRISONERS OF WAR.—The term ‘Ge-
neva Convention Relative to the Treatment of Pris-
oners of War’ means the Convention Relative to the 
Treatment of Prisoners of War, done at Geneva Au-
gust 12, 1949 (6 UST 3316). 
‘‘(5) GENEVA CONVENTIONS.—The term ‘Geneva 
Conventions’ means the international conventions 
signed at Geneva on August 12, 1949. 
‘‘(6) 
PRIVILEGED
BELLIGERENT.—The 
term 
‘privileged belligerent’ means an individual belonging 
to one of the eight categories enumerated in Article 4 
of the Geneva Convention Relative to the Treatment 
of Prisoners of War. 
‘‘(7) UNPRIVILEGED ENEMY BELLIGERENT.—The 
term ‘unprivileged enemy belligerent’ means an indi-
vidual (other than a privileged belligerent) who— 
‘‘(A) has engaged in hostilities against the 
United States or its coalition partners; 
‘‘(B) has purposefully and materially sup-
ported hostilities against the United States or its 
coalition partners; or 
‘‘(C) is a member of al Qaeda.
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‘‘(8) NATIONAL SECURITY.—The term ‘national 
security’ means the national defense and foreign rela-
tions of the United States. 
‘‘§ 948b. Military commissions generally 
‘‘(a) PURPOSE.—This chapter establishes procedures 
governing the use of military commissions to try alien 
unprivileged enemy belligerents for violations of the law of 
war and other offenses triable by military commission. 
‘‘(b) AUTHORITY FOR MILITARY COMMISSIONS UNDER 
THIS CHAPTER.—The President is authorized to establish 
military commissions under this chapter for offenses triable 
by military commission as provided in this chapter. 
‘‘(c) CONSTRUCTION OF PROVISIONS.—The procedures 
for military commissions set forth in this chapter are based 
upon the procedures for trial by general courts-martial 
under chapter 47 of this title (the Uniform Code of Military 
Justice). Chapter 47 of this title does not, by its terms, 
apply to trial by military commission except as specifically 
provided therein or in this chapter, and many of the provi-
sions of chapter 47 of this title are by their terms inappli-
cable to military commissions. The judicial construction 
and application of chapter 47 of this title, while instructive, 
is therefore not of its own force binding on military com-
missions established under this chapter.
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‘‘(d) INAPPLICABILITY OF CERTAIN PROVISIONS.—(1) 
The following provisions of this title shall not apply to trial 
by military commission under this chapter: 
‘‘(A) Section 810 (article 10 of the Uniform Code 
of Military Justice), relating to speedy trial, includ-
ing any rule of courts-martial relating to speedy 
trial. 
‘‘(B) Sections 831(a), (b), and (d) (articles 
31(a), (b), and (d) of the Uniform Code of Military 
Justice), relating to compulsory self-incrimination. 
‘‘(C) Section 832 (article 32 of the Uniform Code 
of Military Justice), relating to pretrial investigation. 
‘‘(2) Other provisions of chapter 47 of this title shall 
apply to trial by military commission under this chapter 
only to the extent provided by the terms of such provisions 
or by this chapter. 
‘‘(e) TREATMENT OF RULINGS AND PRECEDENTS.— 
The findings, holdings, interpretations, and other prece-
dents of military commissions under this chapter may not 
be introduced or considered in any hearing, trial, or other 
proceeding of a court-martial convened under chapter 47 
of this title. The findings, holdings, interpretations, and 
other precedents of military commissions under this chapter 
may not form the basis of any holding, decision, or other
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† HR 2647 EAS 
determination of a court-martial convened under that chap-
ter. 
‘‘(f) GENEVA CONVENTIONS NOT ESTABLISHING PRI-
VATE RIGHT OF ACTION.—No alien unprivileged enemy bel-
ligerent subject to trial by military commission under this 
chapter may invoke the Geneva Conventions as a basis for 
a private right of action. 
‘‘§ 948c. Persons subject to military commissions 
‘‘Any alien unprivileged enemy belligerent having en-
gaged in hostilities or having supported hostilities against 
the United States is subject to trial by military commission 
as set forth in this chapter. 
‘‘§ 948d. Jurisdiction of military commissions 
‘‘A military commission under this chapter shall have 
jurisdiction to try persons subject to this chapter for any 
offense made punishable by this chapter, sections 904 and 
906 of this title (articles 104 and 106 of the Uniform Code 
of Military Justice), or the law of war, and may, under 
such limitations as the President may prescribe, adjudge 
any punishment not forbidden by this chapter, including 
the penalty of death when specifically authorized under this 
chapter. A military commission is a competent tribunal to 
make a finding sufficient for jurisdiction.
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‘‘SUBCHAPTER II—COMPOSITION OF MILITARY 
COMMISSIONS 
‘‘Sec. 
‘‘948h. Who may convene military commissions. 
‘‘948i. Who may serve on military commissions. 
‘‘948j. Military judge of a military commission. 
‘‘948k. Detail of trial counsel and defense counsel. 
‘‘948l. Detail or employment of reporters and interpreters. 
‘‘948m. Number of members; excuse of members; absent and additional members. 
‘‘§ 948h. Who may convene military commissions 
‘‘Military commissions under this chapter may be con-
vened by the Secretary of Defense or by any officer or offi-
cial of the United States designated by the Secretary for 
that purpose. 
‘‘§ 948i. Who may serve on military commissions 
‘‘(a) IN GENERAL.—Any commissioned officer of the 
armed forces on active duty is eligible to serve on a military 
commission under this chapter, including commissioned of-
ficers of the reserve components of the armed forces on active 
duty, commissioned officers of the National Guard on active 
duty in Federal service, or retired commissioned officers re-
called to active duty. 
‘‘(b) DETAIL OF MEMBERS.—When convening a mili-
tary commission under this chapter, the convening author-
ity shall detail as members thereof such members of the 
armed forces eligible under subsection (a) who, as in the 
opinion of the convening authority, are best qualified for 
the duty by reason of age, education, training, experience, 
length of service, and judicial temperament. No member of
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† HR 2647 EAS 
an armed force is eligible to serve as a member of a military 
commission when such member is the accuser or a witness 
for the prosecution or has acted as an investigator or coun-
sel in the same case. 
‘‘(c) EXCUSE OF MEMBERS.—Before a military com-
mission under this chapter is assembled for the trial of a 
case, the convening authority may excuse a member from 
participating in the case. 
‘‘§ 948j. Military judge of a military commission 
‘‘(a) DETAIL OF MILITARY JUDGE.—A military judge 
shall be detailed to each military commission under this 
chapter. The Secretary of Defense shall prescribe regulations 
providing for the manner in which military judges are so 
detailed to military commissions. The military judge shall 
preside over each military commission to which he has been 
detailed. 
‘‘(b) ELIGIBILITY.—A military judge shall be a com-
missioned officer of the armed forces who is a member of 
the bar of a Federal court, or a member of the bar of the 
highest court of a State, and who is certified to be qualified 
for duty under section 826 of this title (article 26 of the 
Uniform Code of Military Justice) as a military judge in 
general courts-martial by the Judge Advocate General of the 
armed force of which such military judge is a member.
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‘‘(c) INELIGIBILITY
OF CERTAIN INDIVIDUALS.—No 
person is eligible to act as military judge in a case of a 
military commission under this chapter if he is the accuser 
or a witness or has acted as investigator or a counsel in 
the same case. 
‘‘(d) CONSULTATION WITH MEMBERS; INELIGIBILITY 
TO VOTE.—A military judge detailed to a military commis-
sion under this chapter may not consult with the members 
except in the presence of the accused (except as otherwise 
provided in section 949d of this title), trial counsel, and 
defense counsel, nor may he vote with the members. 
‘‘(e) OTHER DUTIES.—A commissioned officer who is 
certified to be qualified for duty as a military judge of a 
military commission under this chapter may perform such 
other duties as are assigned to him by or with the approval 
of the Judge Advocate General of the armed force of which 
such officer is a member or the designee of such Judge Advo-
cate General. 
‘‘(f) PROHIBITION ON EVALUATION OF FITNESS BY 
CONVENING AUTHORITY.—The convening authority of a 
military commission under this chapter shall not prepare 
or review any report concerning the effectiveness, fitness, 
or efficiency of a military judge detailed to the military 
commission which relates to his performance of duty as a 
military judge on the military commission.
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‘‘(3) by order of the convening authority for good 
cause. 
‘‘(c) ABSENT AND ADDITIONAL MEMBERS.—Whenever 
a military commission under this chapter is reduced below 
the number of members required by subsection (a), the trial 
may not proceed unless the convening authority details new 
members sufficient to provide not less than such number. 
The trial may proceed with the new members present after 
the recorded evidence previously introduced before the mem-
bers has been read to the military commission in the pres-
ence of the military judge, the accused (except as provided 
in section 949d of this title), and counsel for both sides. 
‘‘SUBCHAPTER III—PRE-TRIAL PROCEDURE 
‘‘Sec. 
‘‘948q. Charges and specifications. 
‘‘948r. Compulsory self-incrimination prohibited; statements obtained by torture 
or cruel, inhuman, or degrading treatment. 
‘‘948s. Service of charges. 
‘‘§ 948q. Charges and specifications 
‘‘(a) CHARGES AND SPECIFICATIONS.—Charges and 
specifications against an accused in a military commission 
under this chapter shall be signed by a person subject to 
chapter 47 of this title under oath before a commissioned 
officer of the armed forces authorized to administer oaths 
and shall state— 
‘‘(1) that the signer has personal knowledge of, or 
reason to believe, the matters set forth therein; and
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† HR 2647 EAS 
‘‘(2) that they are true in fact to the best of his 
knowledge and belief. 
‘‘(b) NOTICE TO ACCUSED.—Upon the swearing of the 
charges and specifications in accordance with subsection 
(a), the accused shall be informed of the charges and speci-
fications against him as soon as practicable. 
‘‘§ 948r. Compulsory self-incrimination prohibited; 
statements obtained by torture or cruel, 
inhuman, or degrading treatment 
‘‘(a) IN GENERAL.—No person shall be required to tes-
tify against himself at a proceeding of a military commis-
sion under this chapter. 
‘‘(b) STATEMENTS OBTAINED BY TORTURE.—A state-
ment obtained by use of torture, whether or not under color 
of law, shall not be admissible in a trial by military com-
mission under this chapter, except against a person accused 
of torture as evidence the statement was made. 
‘‘(c) STATEMENTS OBTAINED THROUGH CRUEL, INHU-
MAN, OR DEGRADING TREATMENT.—A statement in which 
the degree of coercion is disputed may be admissible in a 
trial by military commission under this chapter only if the 
military judge finds that— 
‘‘(1) the totality of the circumstances renders the 
statement reliable and possessing sufficient probative 
value;
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† HR 2647 EAS 
‘‘(2) the interests of justice would best be served 
by admission of the statement into evidence; and 
‘‘(3) the interrogation methods used to obtain the 
statement do not amount to cruel, inhuman, or de-
grading treatment prohibited by section 1003 of the 
Detainee Treatment Act of 2005 (42 U.S.C. 2000dd). 
‘‘§ 948s. Service of charges 
‘‘The trial counsel assigned to a case before a military 
commission under this chapter shall cause to be served upon 
the accused and military defense counsel a copy of the 
charges upon which trial is to be had in English and, if 
appropriate, in another language that the accused under-
stands, sufficiently in advance of trial to prepare a defense. 
‘‘SUBCHAPTER IV—TRIAL PROCEDURE 
‘‘Sec. 
‘‘949a. Rules. 
‘‘949b. Unlawfully influencing action of military commission. 
‘‘949c. Duties of trial counsel and defense counsel. 
‘‘949d. Sessions. 
‘‘949e. Continuances. 
‘‘949f. Challenges. 
‘‘949g. Oaths. 
‘‘949h. Former jeopardy. 
‘‘949i. Pleas of the accused. 
‘‘949j. Opportunity to obtain witnesses and other evidence. 
‘‘949k. Defense of lack of mental responsibility. 
‘‘949l. Voting and rulings. 
‘‘949m. Number of votes required. 
‘‘949n. Military commission to announce action. 
‘‘949o. Record of trial. 
‘‘§ 949a. Rules 
‘‘(a) PROCEDURES AND RULES OF EVIDENCE.—Pre-
trial, trial, and post-trial procedures, including elements 
and modes of proof, for cases triable by military commis-
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† HR 2647 EAS 
sion under this chapter may be prescribed by the Secretary 
of Defense. Such procedures may not be contrary to or in-
consistent with this chapter. Except as otherwise provided 
in this chapter or chapter 47 of this title, the procedures 
and rules of evidence applicable in trials by general courts- 
martial of the United States shall apply in trials by mili-
tary commission under this chapter. 
‘‘(b) EXCEPTIONS.—(1) The Secretary of Defense, in 
consultation with the Attorney General, may make such ex-
ceptions in the applicability in trials by military commis-
sion under this chapter from the procedures and rules of 
evidence otherwise applicable in general courts-martial as 
may be required by the unique circumstances of the conduct 
of military and intelligence operations during hostilities or 
by other practical need. 
‘‘(2) Notwithstanding any exceptions authorized by 
paragraph (1), the procedures and rules of evidence in trials 
by military commission under this chapter shall include, 
at a minimum, the following rights: 
‘‘(A) To present evidence in his defense, to cross- 
examine the witnesses who testify against him, and to 
examine and respond to all evidence admitted against 
him on the issue of guilt or innocence and for sen-
tencing, as provided for by this chapter.
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† HR 2647 EAS 
‘‘(B) To be present at all sessions of the military 
commission (other than those for deliberations or vot-
ing), except when excluded under section 949d of this 
title. 
‘‘(C) To be represented before a military commis-
sion by civilian counsel if provided at no expense to 
the Government, and by either the defense counsel de-
tailed or by military counsel of the accused’s own se-
lection, if reasonably available. 
‘‘(D) To self-representation, if the accused know-
ingly and competently waives the assistance of coun-
sel, subject to the provisions of paragraph (4). 
‘‘(E) To the suppression of evidence that is not 
reliable or probative. 
‘‘(F) To the suppression of evidence the probative 
value of which is substantially outweighed by— 
‘‘(i) the danger of unfair prejudice, confu-
sion of the issues, or misleading the members; or 
‘‘(ii) considerations of undue delay, waste of 
time, or needless presentation of cumulative evi-
dence. 
‘‘(3) In making exceptions in the applicability in 
trials by military commission under this chapter from the 
procedures and rules otherwise applicable in general courts- 
martial, the Secretary of Defense may provide the following:
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† HR 2647 EAS 
‘‘(A) Evidence seized outside the United States 
shall not be excluded from trial by military commis-
sion on the grounds that the evidence was not seized 
pursuant to a search warrant or authorization. 
‘‘(B) A statement of the accused that is otherwise 
admissible shall not be excluded from trial by mili-
tary commission on grounds of alleged coercion or 
compulsory self-incrimination so long as the evidence 
complies with the provisions of section 948r of this 
title. 
‘‘(C) Evidence shall be admitted as authentic so 
long as— 
‘‘(i) the military judge of the military com-
mission determines that there is sufficient evi-
dence that the evidence is what it is claimed to 
be; and 
‘‘(ii) the military judge instructs the mem-
bers that they may consider any issue as to au-
thentication or identification of evidence in de-
termining the weight, if any, to be given to the 
evidence. 
‘‘(D) Hearsay evidence not otherwise admissible 
under the rules of evidence applicable in trial by gen-
eral courts-martial may be admitted in a trial by 
military commission only if—