H. R. 2647—202 
(B) may include individuals from other departments 
or agencies of the Federal Government, from State and 
local agencies, or from the private sector. 
(5) DEADLINE
FOR
APPOINTMENTS.—All original appoint-
ments to the Task Force shall be made not later than 120 
days after the date of the enactment of this Act. 
(6) CO-CHAIRS.—There shall be two co-chairs of the Task 
Force. One of the co-chairs shall be designated by the Secretary 
of Defense at the time of appointment from among the individ-
uals appointed to the Task Force from within the Department 
of Defense. The other co-chair shall be selected from among 
the individuals appointed from outside the Department of 
Defense by those individuals. 
(c) ANNUAL REPORT.— 
(1) IN GENERAL.—Not later than 12 months after the date 
on which all members of the Task Force have been appointed, 
and each year thereafter for the life of the Task Force, the 
Task Force shall submit to the Secretary of Defense a report 
on the activities of the Task Force and the activities of the 
Department of Defense and the military departments to assist 
and support the care, management, and transition of recovering 
wounded, ill, and injured members of the Armed Forces. The 
report shall include the following: 
(A) The findings and conclusions of the Task Force 
as a result of its assessment of the effectiveness of the 
policies and programs developed and implemented by the 
Department of Defense, and by each of the military depart-
ments, to assist and support the care, management, and 
transition of recovering wounded, ill, and injured members 
of the Armed Forces. 
(B) A description of best practices and various ways 
in which the Department of Defense and the military 
departments could more effectively address matters 
relating to the care, management, and transition of recov-
ering wounded, ill, and injured members of the Armed 
Forces, including members of the regular components, and 
members of the reserve components, and support for their 
families. 
(C) A plan for the activities of the Task Force in 
the year following the year covered by the report. 
(D) Such recommendations for other legislative or 
administrative action as the Task Force considers appro-
priate for measures to improve the policies and programs 
described in subparagraph (A). 
(2) METHODOLOGY.—For purposes of the reports, the Task 
Force— 
(A) shall conduct site visits and interviews as the Task 
Force considers appropriate; 
(B) may consider the findings and recommendations 
of previous reviews and evaluations of the care, manage-
ment, and transition of recovering wounded, ill, and injured 
members of the Armed Forces; and 
(C) may use such other means for directly obtaining 
information relating to the care, management, and transi-
tion of recovering wounded, ill, and injured members of 
the Armed Forces as the Task Force considers appropriate.
H. R. 2647—203 
(3) MATTERS TO BE REVIEWED AND ASSESSED.—For purposes 
of the reports, the Task Force shall review and assess the 
following: 
(A) Case management, including the numbers and 
types of medical and non-medical case managers (including 
Federal Recovery Coordinators, Recovery Care Coordina-
tors, National Guard or Reserve case managers, and other 
case managers) assigned to recovering wounded, ill, and 
injured members of the Armed Forces, the training pro-
vided such case mangers, and the effectiveness of such 
case mangers in providing care and support to recovering 
wounded, ill, and injured members of the Armed Forces. 
(B) Staffing of Army Warrior Transition Units, Marine 
Corps Wounded Warrior Regiments, Navy and Air Force 
Medical Hold or Medical Holdover Units, and other service- 
related programs or units for recovering wounded, ill, and 
injured members of the Armed Forces, including the use 
of applicable hiring authorities to ensure the proper staffing 
of such programs and units. 
(C) The establishment and effectiveness of performance 
and accountability standards for warrior transition units 
and programs. 
(D) The availability of services for traumatic brain 
injury and post traumatic stress disorder. 
(E) The establishment and effectiveness of the Defense 
Centers of Excellence for Psychological Health and Trau-
matic Brain Injury, and the centers of excellence for mili-
tary eye injuries, hearing loss and auditory system injuries, 
and traumatic extremity injuries and amputations. 
(F) The effectiveness of the Interagency Program Office 
in achieving fully interoperable electronic health records 
by September 30, 2009, in accordance with section 1635 
of the Wounded Warrior Act (title XVI of Public Law 110– 
181; 122 Stat. 460; 10 U.S.C. 1071 note). 
(G) The effectiveness of wounded warrior information 
resources, including the Wounded Warrior Resource Center, 
the National Resource Directory, Military OneSource, 
Family Assistance Centers, and Service hotlines, in pro-
viding meaningful information for recovering wounded, ill, 
and injured members of the Armed Forces. 
(H) The support available to family caregivers of recov-
ering wounded, ill, and injured members of the Armed 
Forces. 
(I) The legal support available to recovering wounded, 
ill, and injured members of the Armed Forces and their 
families. 
(J) The availability of vocational training for recovering 
wounded, ill, and injured members of the Armed Forces 
seeking to transition to civilian life. 
(K) The effectiveness of any measures under pilot pro-
grams to improve or enhance the military disability evalua-
tion system. 
(L) The support and assistance provided to recovering 
wounded, ill, and injured members of the Armed Forces 
as they progress through the military disability evaluation 
system.
H. R. 2647—204 
(M) The support systems in place to ease the transition 
of recovering wounded, ill, and injured members of the 
Armed Forces from the Department of Defense to the 
Department of Veterans Affairs. 
(N) Interagency matters affecting recovering wounded, 
ill, and injured members of the Armed Forces in their 
transition to civilian life. 
(O) The effectiveness of the Senior Oversight Com-
mittee in facilitating and overseeing collaboration between 
the Department of Defense and the Department of Veterans 
Affairs on matters relating to the care, management, and 
transition of recovering wounded, ill, and injured members 
of the Armed Forces. 
(P) Overall coordination between the Department of 
Defense and the Department of Veterans Affairs on the 
matters specified in this paragraph. 
(Q) Such other matters as the Task Force considers 
appropriate in connection with the care, management, and 
transition of recovering wounded, ill, and injured members 
of the Armed Forces. 
(4) TRANSMITTAL.—Not later than 90 days after receipt 
of a report required by paragraph (1), the Secretary of Defense 
shall submit to the Committees on Armed Services of the Senate 
and the House of Representatives the report and the Secretary’s 
evaluation of the report. 
(d) PLAN REQUIRED.—Not later than six months after the 
receipt of a report under subsection (c), the Secretary of Defense 
shall, in consultation with the Secretaries of the military depart-
ments, submit to the Committees on Armed Services of the Senate 
and the House of Representatives a plan to implement the rec-
ommendations of the Task Force included in the report. 
(e) ADMINISTRATIVE MATTERS.— 
(1) COMPENSATION.—Each member of the Task Force who 
is a member of the Armed Forces or a civilian officer or 
employee of the United States shall serve on the Task Force 
without compensation (other than compensation to which enti-
tled as a member of the Armed Forces or an officer or employee 
of the United States, as the case may be). Other members 
of the Task Force shall be appointed in accordance with, and 
subject to, the provisions of section 3161 of title 5, United 
States Code. 
(2) OVERSIGHT.—The Under Secretary of Defense for Per-
sonnel and Readiness shall oversee the Task Force. The Wash-
ington Headquarters Services of the Department of Defense 
shall provide the Task Force with personnel, facilities, and 
other administrative support as necessary for the performance 
of the duties of the Task Force. 
(3) VISITS TO MILITARY FACILITIES.—Any visit by the Task 
Force to a military installation or facility shall be undertaken 
through the Deputy Under Secretary of Defense for Personnel 
and Readiness, in coordination with the Secretaries of the mili-
tary departments. 
(f) TERMINATION.—The Task Force shall terminate on the date 
that is five years after the date of the enactment of this Act.
H. R. 2647—205 
SEC. 725. CHIROPRACTIC CLINICAL TRIALS. 
(a) CLINICAL TRIALS REQUIRED.—The Secretary of Defense shall 
provide for the clinical trials described under subsection (b) to 
be conducted by the National Institutes of Health or an independent 
academic institution as the Secretary shall select for the purposes 
of conducting each trial. 
(b) CLINICAL TRIALS DESCRIBED.— 
(1) CONTROLLED TRIALS.—The clinical trials required by 
subsection (a) shall include controlled trials that, at a minimum, 
compare the outcomes of chiropractic treatment, used either 
exclusively or as an adjunct to other treatments, with conven-
tional treatment on the following topics: 
(A) Pain management. 
(B) Orthopedic injuries or disorders that do not require 
surgery. 
(C) Smoking cessation. 
(2) INTERVENTIONAL TRIALS.—The clinical trials required 
by subsection (a) shall include interventional trials that, at 
a minimum, cover the following topics: 
(A) The effect of chiropractic treatment on the reflexes 
and reaction times of special operation forces. 
(B) The effect of chiropractic treatment on strength, 
balance, and injury prevention for members of the Armed 
Forces with combat specialties operating in a combat the-
ater. 
(c) SCHEDULE.— 
(1) FIRST TRIAL.—The first clinical trial required by sub-
section (a) shall begin not later than one year after the date 
of the enactment of this Act. 
(2) FINAL TRIAL.—The final clinical trial required by sub-
section (a) shall begin not later than two years after the date 
of the enactment of this Act. 
(d) TRIAL PARTICIPANTS.—A participant of a clinical trial 
required by subsection (a) shall be a member of the Armed Forces 
on active duty. 
(e) CHIROPRACTIC PROVIDERS.—Chiropractic treatment provided 
during a clinical trial required by subsection (a) shall be provided 
by a doctor of chiropractic who is licensed as a doctor of chiropractic, 
chiropractic physician, or chiropractor by a State, the District of 
Columbia, or a territory or possession of the United States, subject 
to credentialing requirements prescribed by the Secretary. 
(f) REPORTS.— 
(1) TRIAL
PROTOCOL
REPORTS.—Not later than 30 days 
before each clinical trial required by subsection (a) is scheduled 
to begin, the Secretary shall submit to the congressional defense 
committees a report on the protocol of such clinical trial. 
(2) FINAL
REPORTS.—Not later than one year after the 
completion of each clinical trial required by subsection (a), 
the Secretary shall submit to the congressional defense commit-
tees a report on such clinical trial, including any recommenda-
tions regarding chiropractic treatment for covered beneficiaries 
(as such term is defined in section 1072(5) of title 10, United 
States Code).
H. R. 2647—206 
SEC. 726. INDEPENDENT STUDY ON POST-TRAUMATIC STRESS DIS-
ORDER EFFORTS. 
(a) STUDY REQUIRED.—The Secretary of Defense, in consultation 
with the Secretary of Veterans Affairs, shall provide for a study 
on the treatment of post-traumatic stress disorder to be conducted 
by the Institute of Medicine of the National Academy of Sciences 
or such other independent entity as the Secretary shall select for 
purposes of the study. 
(b) ELEMENTS.—The study required by subsection (a) shall 
include the following: 
(1) A list of each operative 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 program or 
method (including an operational definition of the term 
‘‘success’’ and a discussion of the process used to quantify 
such rates); 
(B) based on the incidence of actual diagnoses, an 
estimate of the number of members of the Armed Forces 
and veterans diagnosed by the Department of Defense or 
the Department of Veterans Affairs as having post-trau-
matic 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 pre-
vent, screen, diagnose, treat, or rehabilitate post-traumatic 
stress disorder. 
(2) The status of studies and clinical trials involving innova-
tive treatments of post-traumatic stress disorder that are con-
ducted by the Department of Defense, the Department of Vet-
erans Affairs, or the private sector, including— 
(A) efforts to identify physiological markers of post- 
traumatic stress disorder; 
(B) with respect to efforts to determine causation of 
post-traumatic stress disorder, brain imaging studies and 
the correlation between brain region physiology and post- 
traumatic stress disorder diagnoses and the results 
(including any interim results) of such efforts; 
(C) the effectiveness of alternative therapies in the 
treatment of post-traumatic stress disorder, including the 
therapeutic use of animals; 
(D) the effectiveness of administering pharmaceutical 
agents before, during, or after a traumatic event in the 
prevention and treatment of post-traumatic stress disorder; 
and 
(E) identification of areas in which the Department 
of Defense and the Department of Veterans Affairs may 
be duplicating studies, programs, or research with respect 
to post-traumatic stress disorder. 
(3) A description of each treatment program for post-trau-
matic stress disorder, including a comparison of the methods 
of treatment by each program, at the following locations: 
(A) Fort Hood, Texas. 
(B) Fort Bliss, Texas. 
(C) Fort Campbell, Tennessee. 
(D) Other locations the entity conducting the study 
considers appropriate.
H. R. 2647—207 
(4) The respective current and projected future annual 
expenditures by the Department of Defense and the Depart-
ment of Veterans 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 services; 
(C) the need for such treatment and services; 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 disorder. 
(7) Any other matters the Secretary of Defense and Sec-
retary of Veterans Affairs consider relevant with respect to 
the purposes of obtaining a comprehensive scientific assessment 
of— 
(A) the incidence of post-traumatic stress disorder 
among members of the Armed Forces and veterans; 
(B) the availability and effectiveness of various treat-
ment programs and methods available for post-traumatic 
stress disorder; 
(C) the current and future projected costs of such treat-
ment programs and methods; or 
(D) additional areas of needed research. 
(8) Any other matters the entity conducting the study con-
siders relevant. 
(c) REPORTS.— 
(1) INITIAL REPORT.—Not later than July 1, 2012, the entity 
conducting the study required by subsection (a) shall submit 
to the Secretary of Defense, the Secretary of Veterans Affairs, 
and the appropriate committees a report on the study. 
(2) RESPONSE.—Not later than January 1, 2013, the Sec-
retary of Defense and the Secretary of Veterans Affairs shall 
each submit to the appropriate committees a response to the 
report submitted under paragraph (1), including any rec-
ommendations on the treatment of post-traumatic stress dis-
order based on such report. 
(d) UPDATED REPORTS REQUIRED.— 
(1) UPDATED REPORT.—Not later than July 1, 2014, the 
entity conducting the study required by subsection (a) shall 
submit to the Secretary of Defense, the Secretary of Veterans 
Affairs, and the appropriate committees an update of the report 
required by subsection (c). 
(2) UPDATED RESPONSE.—Not later than January 1, 2015, 
the Secretary of Defense and the Secretary of Veterans Affairs 
shall each submit to the appropriate committees a response 
to the updated report submitted under paragraph (1), including 
any recommendations on the treatment of post-traumatic stress 
disorder based on such updated report. 
(e) 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 Represent-
atives; and
H. R. 2647—208 
(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. 727. REPORT ON IMPLEMENTATION OF REQUIREMENTS ON THE 
RELATIONSHIP BETWEEN THE TRICARE PROGRAM AND 
EMPLOYER-SPONSORED GROUP HEALTH PLANS. 
(a) REPORT REQUIRED.—Not later than March 31, 2010, the 
Secretary of Defense shall submit to the Committees on Armed 
Services of the Senate and the House of Representatives a report 
on the implementation of the requirements of section 1097c of 
title 10, United States Code, relating to the relationship between 
the TRICARE program and employer-sponsored group health plans. 
(b) ELEMENTS.—The report required by subsection (a) shall 
include the following: 
(1) A description of the extent to which the Secretary 
has established measures to assess the effectiveness of section 
1097c of title 10, United States Code, in reducing health care 
costs to the Department for military retirees and their families, 
and an assessment of the effectiveness of any measures so 
established. 
(2) An assessment of the extent to which the implementa-
tion of such section 1097c has resulted in the migration of 
military retirees from coverage under the TRICARE Standard 
option of the TRICARE program to coverage under the 
TRICARE Prime option of the TRICARE program. 
(3) A description of the exceptions adopted under subsection 
(a)(2) of such section 1097c to the requirements under such 
section 1097c, and an assessment of the effect of the exercise 
of any exceptions adopted on the administration of such section 
1097c. 
(4) An assessment of the extent to which the Secretary 
collects and assembles data on the treatment of employees 
eligible for participation in the TRICARE program in compari-
son with similar employees who are not eligible for participation 
in that program. 
(5) A description of the outreach conducted by the Secretary 
to inform individuals eligible for participation in the TRICARE 
program and employers of their respective rights and respon-
sibilities under such section 1097c, and an assessment of the 
effectiveness of any outreach so conducted. 
(6) Such other matters with respect to the administration 
and effectiveness of the authorities in such section 1097c as 
the Secretary considers appropriate. 
SEC. 728. REPORT ON STIPENDS FOR MEMBERS OF RESERVE COMPO-
NENTS FOR HEALTH CARE FOR CERTAIN DEPENDENTS. 
Not later than 90 days after the date of the enactment of 
this Act, the Secretary of Defense shall submit to the congressional 
defense committees a report on stipends paid under section 704 
of the National Defense Authorization 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.
H. R. 2647—209 
TITLE VIII—ACQUISITION POLICY, AC-
QUISITION MANAGEMENT, AND RE-
LATED MATTERS 
Subtitle A—Acquisition Policy and Management 
Sec. 801. Temporary authority to acquire products and services produced in coun-
tries along a major route of supply to Afghanistan; report. 
Sec. 802. Assessment of improvements in service contracting. 
Sec. 803. Display of annual budget requirements for procurement of contract serv-
ices and related clarifying technical amendments. 
Sec. 804. Implementation of new acquisition process for information technology sys-
tems. 
Sec. 805. Life-cycle management and product support. 
Sec. 806. Treatment of non-defense agency procurements under joint programs 
with intelligence community. 
Sec. 807. Policy and requirements to ensure the safety of facilities, infrastructure, 
and equipment for military operations. 
Subtitle B—Amendments to General Contracting Authorities, Procedures, and 
Limitation 
Sec. 811. Justification and approval of sole-source contracts. 
Sec. 812. Revision of Defense Supplement relating to payment of costs prior to 
definitization. 
Sec. 813. Revisions to definitions relating to contracts in Iraq and Afghanistan. 
Sec. 814. Amendment to notification requirements for awards of single source task 
or delivery orders. 
Sec. 815. Clarification of uniform suspension and debarment requirement. 
Sec. 816. Extension of authority for use of simplified acquisition procedures for cer-
tain commercial items. 
Sec. 817. Reporting requirements for programs that qualify as both major auto-
mated information system programs and major defense acquisition pro-
grams. 
Sec. 818. Small arms production industrial base matters. 
Sec. 819. Contract authority for advanced component development or prototype 
units. 
Sec. 820. Publication of notification of bundling of contracts of the Department of 
Defense. 
Subtitle C—Contractor Matters 
Sec. 821. Authority for Government support contractors to have access to technical 
data belonging to prime contractors. 
Sec. 822. Extension and enhancement of authorities on the Commission on War-
time Contracting in Iraq and Afghanistan. 
Sec. 823. Authority for Secretary of Defense to reduce or deny award fees to compa-
nies found to jeopardize health or safety of Government personnel. 
Subtitle D—Acquisition Workforce Matters 
Sec. 831. Enhancement of expedited hiring authority for defense acquisition work-
force positions. 
Sec. 832. Funding of Department of Defense Acquisition Workforce Development 
Fund. 
Sec. 833. Review of post-employment restrictions applicable to the Department of 
Defense. 
Sec. 834. Review of Federal acquisition workforce training and hiring. 
Subtitle E—Other Matters 
Sec. 841. Reports to Congress on full deployment decisions for major automated in-
formation system programs. 
Sec. 842. Authorization to take actions to correct the industrial resource shortfall 
for high-purity beryllium metal. 
Sec. 843. Report on rare earth materials in the defense supply chain. 
Sec. 844. Comptroller General report on structure and management of subcontrac-
tors under contracts for major weapon systems. 
Sec. 845. Study of the use of factors other than cost or price as the predominate 
factors in evaluating competitive proposals for defense procurement con-
tracts.
H. R. 2647—210 
Sec. 846. Repeal of requirements relating to the military system essential item 
breakout list. 
Sec. 847. Extension of SBIR and STTR programs of the Department of Defense. 
Sec. 848. Extension of authority for small business innovation research Commer-
cialization Pilot Program. 
Subtitle A—Acquisition Policy and 
Management 
SEC. 801. TEMPORARY AUTHORITY TO ACQUIRE PRODUCTS AND SERV-
ICES PRODUCED IN COUNTRIES ALONG A MAJOR ROUTE 
OF SUPPLY TO AFGHANISTAN; 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 services 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 sub-
section is a determination by the Secretary that— 
(1) the product or service concerned is to be used— 
(A) in the country that is the source of the product 
or service; 
(B) in the course of efforts by the United States and 
the NATO International Security Assistance Force to ship 
goods to Afghanistan in support of military or stability 
operations in Afghanistan; or 
(C) by the military forces, police, or other security 
personnel of Afghanistan; 
(2) it is in the national security interest of the United 
States to limit competition or provide a preference as described 
in subsection (a) because such limitation or preference is nec-
essary— 
(A) to reduce overall United States transportation costs 
and risks in shipping goods in support of military or sta-
bility operations in Afghanistan; 
(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 enduring routes 
of supply to Afghanistan; and 
(3) limiting competition or providing a preference as 
described in subsection (a) will not adversely affect— 
(A) military or stability operations in Afghanistan; or 
(B) the United States industrial base. 
(c) PRODUCTS AND SERVICES FROM A COUNTRY ALONG A MAJOR 
ROUTE OF SUPPLY TO AFGHANISTAN.—For the purposes of this sec-
tion: 
(1) A product is from a country along a major route of 
supply to Afghanistan if it is mined, produced, or manufactured 
in a covered country.
H. R. 2647—211 
(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. 
(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). 
(f) TERMINATION OF AUTHORITY.—The Secretary of Defense may 
not exercise the authority provided in subsection (a) on or after 
the date occurring three years 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 congressional defense 
committees a report on the use of the authority provided in sub-
section (a). The report shall address, at a minimum, the 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 pursuant to subsection 
(b). 
(5) Any recommended modifications to the authority. 
SEC. 802. ASSESSMENT OF IMPROVEMENTS IN SERVICE CONTRACTING. 
(a) ASSESSMENT REQUIRED.—The Under Secretary of Defense 
for Acquisition, Technology, and Logistics shall direct the Defense 
Science Board to conduct an independent assessment of improve-
ments in the procurement and oversight of services by the Depart-
ment of Defense. 
(b) MATTERS COVERED.—The assessment required by subsection 
(a) shall include the following: 
(1) An assessment of the quality and completeness of guid-
ance relating to the procurement of services, including 
implementation of statutory and regulatory authorities and 
requirements. 
(2) A determination of the extent to which best practices 
are being developed for setting requirements and developing 
statements of work. 
(3) An assessment of the contracting approaches and con-
tract types used for the procurement of services and whether 
such contracting approaches and contract types best serve the 
interests of the Department of Defense. 
(4) A determination of whether effective standards to 
measure performance have been developed. 
(5) An assessment of the effectiveness of peer reviews 
within the Department of Defense of contracts for services 
and whether such reviews are being conducted at the appro-
priate dollar threshold.
H. R. 2647—212 
(6) An assessment of the management structure for the 
procurement of services, including how the military depart-
ments and Defense Agencies have implemented section 2330 
of title 10, United States Code. 
(7) A determination of whether the performance savings 
goals required by section 802 of the National Defense Authoriza-
tion Act for Fiscal Year 2002 (10 U.S.C. 2330 note) are being 
achieved. 
(8) An assessment of the effectiveness of the Acquisition 
Center of Excellence for Services established 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 excellence 
in the military departments. 
(9) An assessment of the quality and sufficiency of the 
acquisition workforce for the procurement and oversight of serv-
ices. 
(10) Such other related matters as the Under Secretary 
considers appropriate. 
(c) REPORT.—Not later than March 10, 2010, the Under Sec-
retary shall submit to the congressional defense committees a report 
on the results of the assessment, including such comments and 
recommendations as the Under Secretary considers appropriate. 
SEC. 
803. 
DISPLAY 
OF 
ANNUAL 
BUDGET 
REQUIREMENTS 
FOR 
PROCUREMENT OF CONTRACT SERVICES AND RELATED 
CLARIFYING TECHNICAL AMENDMENTS. 
(a) CODIFICATION
OF REQUIREMENT
FOR SPECIFICATION
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 234 the following new 
section: 
‘‘§ 235. Procurement of contract services: specification of 
amounts requested in budget 
‘‘(a) SUBMISSION WITH ANNUAL BUDGET JUSTIFICATION MATE-
RIALS.—In the budget justification materials submitted to Congress 
in support of the Department of Defense budget for any fiscal 
year (as submitted with the budget of the President under section 
1105(a) of title 31), the Secretary of Defense shall include the 
information described in subsection (b) with respect to the procure-
ment of contract services. 
‘‘(b) INFORMATION PROVIDED.—For each budget account, the 
materials submitted shall clearly and separately identify— 
‘‘(1) the amount requested for the procurement of contract 
services for each Department of Defense component, installa-
tion, or activity; and 
‘‘(2) the number of full-time contractor employees (or the 
equivalent of full-time in the case of part-time contractor 
employees) projected and justified for each Department of 
Defense component, installation, or activity based on the inven-
tory of contracts for services required by subsection (c) of section 
2330a of this title and the review required by subsection (e) 
of such section. 
‘‘(c) CONTRACT SERVICES DEFINED.—In this section, the term 
‘contract services’— 
‘‘(1) means services from contractors; but
H. R. 2647—213 
‘‘(2) excludes services relating to research and development 
and services relating to military construction.’’. 
(2) CLERICAL AMENDMENT.—The table of sections at the 
beginning of such chapter is amended by adding at the end 
the following new item: 
‘‘235. Procurement of contract services: specification of amounts requested in budg-
et.’’. 
(3) REPEAL OF SUPERSEDED PROVISION.—Section 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 PLAN-
NING REQUIREMENTS.—Section 2330a(e) of title 10, United States 
Code, is amended in paragraph (4) by inserting after ‘‘plan’’ the 
following: ‘‘, including an enforcement mechanism and approval 
process,’’. 
(c) COMPTROLLER GENERAL REPORT ON INVENTORY.—Not later 
than 180 days after the date on which the Secretary of Defense 
submits to Congress the inventory required by section 2330a(c) 
of title 10, United States Code, in each of 2010, 2011 and 2012, 
the Comptroller General of the United States shall submit to the 
Committees on Armed Services of the Senate and the House of 
Representatives a report on the inventory so submitted, with such 
findings and recommendations as the Comptroller General considers 
appropriate. 
SEC. 804. IMPLEMENTATION OF NEW ACQUISITION PROCESS FOR 
INFORMATION TECHNOLOGY SYSTEMS. 
(a) NEW ACQUISITION PROCESS REQUIRED.—The Secretary of 
Defense shall develop and implement a new acquisition process 
for information technology systems. The acquisition process devel-
oped and implemented pursuant to this subsection shall, to the 
extent determined appropriate by the Secretary— 
(1) be based on the recommendations in chapter 6 of the 
March 2009 report of the Defense Science Board Task Force 
on Department of Defense Policies and Procedures for the 
Acquisition of Information Technology; and 
(2) be designed to include— 
(A) early and continual involvement of the user; 
(B) multiple, rapidly executed increments or releases 
of capability; 
(C) early, successive prototyping to support an 
evolutionary approach; and 
(D) a modular, open-systems approach. 
(b) REPORT TO CONGRESS.—Not later than 270 days after the 
date of the enactment of this Act, the Secretary of Defense shall 
submit to the Committees on Armed Services of the Senate and 
the House of Representatives a report on the new acquisition 
process developed pursuant to subsection (a). The report required 
by this subsection shall, at a minimum— 
(1) describe the new acquisition process; 
(2) provide an explanation for any decision by the Secretary 
to deviate from the criteria established for such process in 
paragraphs (1) and (2) of subsection (a); 
(3) provide a schedule for the implementation of the new 
acquisition process; 
(4) identify the categories of information technology acquisi-
tions to which such process will apply; and
H. R. 2647—214 
(5) include the Secretary’s recommendations for any legisla-
tion that may be required to implement the new acquisition 
process. 
SEC. 805. LIFE-CYCLE MANAGEMENT AND PRODUCT SUPPORT. 
(a) GUIDANCE ON LIFE-CYCLE MANAGEMENT.—Not later than 
180 days after the date of the enactment of this Act, the Secretary 
of Defense shall issue comprehensive guidance on life-cycle manage-
ment and the development and implementation of product support 
strategies for major weapon systems. The guidance issued pursuant 
to this subsection shall— 
(1) maximize competition and make the best possible use 
of available Department of Defense and industry resources 
at the system, subsystem, and component levels; and 
(2) maximize value to the Department of Defense by pro-
viding the best possible product support outcomes at the lowest 
operations and support cost. 
(b) PRODUCT SUPPORT MANAGERS.— 
(1) REQUIREMENT.—The Secretary of Defense shall require 
that each major weapon system be supported by a product 
support manager in accordance with this subsection. 
(2) RESPONSIBILITIES.—A product support manager for a 
major weapon system shall— 
(A) develop and implement a comprehensive product 
support strategy for the weapon system; 
(B) conduct appropriate cost analyses to validate the 
product support strategy, including cost-benefit analyses 
as outlined in Office of Management and Budget Circular 
A–94; 
(C) assure achievement of desired product support out-
comes through development and implementation of appro-
priate product support arrangements; 
(D) adjust performance requirements and resource 
allocations across product support integrators and product 
support providers as necessary to optimize implementation 
of the product support strategy; 
(E) periodically review product support arrangements 
between the product support integrators and product sup-
port providers to ensure the arrangements are consistent 
with the overall product support strategy; and 
(F) prior to each change in the product support strategy 
or every five years, whichever occurs first, revalidate any 
business-case analysis performed in support of the product 
support strategy. 
(c) GOVERNMENT PERFORMANCE OF PRODUCT SUPPORT MANAGER 
FUNCTION.—Section 820(a) of the John Warner National Defense 
Authorization Act for Fiscal Year 2007 (Public Law 109–364; 120 
Stat. 2330) is amended— 
(1) by redesignating paragraphs (3), (4), and (5) as para-
graphs (4), (5) and (6), respectively; and 
(2) by inserting after paragraph (2) the following new para-
graph (3): 
‘‘(3) Product support manager.’’. 
(d) DEFINITIONS.—In this section: 
(1) The term ‘‘product support’’ means the package of sup-
port functions required to field and maintain the readiness
H. R. 2647—215 
and operational capability of major weapon systems, sub-
systems, and components, including all functions related to 
weapon system readiness. 
(2) The term ‘‘product support arrangement’’ means a con-
tract, task order, or any type of other contractual arrangement, 
or any type of agreement or non-contractual arrangement 
within the Federal Government, for the performance of 
sustainment or logistics support required for major weapon 
systems, subsystems, or components. The term includes 
arrangements for any of the following: 
(A) Performance-based logistics. 
(B) Sustainment support. 
(C) Contractor logistics support. 
(D) Life-cycle product support. 
(E) Weapon systems product support. 
(3) The term ‘‘product support integrator’’ means an entity 
within the Federal Government or outside the Federal Govern-
ment charged with integrating all sources of product support, 
both private and public, defined within the scope of a product 
support arrangement. 
(4) The term ‘‘product support provider’’ means an entity 
that provides product support functions. The term includes 
an entity within the Department of Defense, an entity within 
the private sector, or a partnership between such entities. 
(5) The term ‘‘major weapon system’’ has the meaning 
given that term in section 2302d of title 10, United States 
Code. 
SEC. 806. TREATMENT OF NON-DEFENSE AGENCY PROCUREMENTS 
UNDER JOINT PROGRAMS WITH INTELLIGENCE COMMU-
NITY. 
Section 801(b) of the National Defense Authorization Act for 
Fiscal Year 2008 (10 U.S.C. 2304 note) is amended by adding 
at the end the following new paragraph: 
‘‘(3) TREATMENT OF PROCUREMENTS UNDER JOINT PROGRAMS 
WITH
INTELLIGENCE
COMMUNITY.—For purposes of this sub-
section, a contract entered into by a non-defense agency that 
is an element of the intelligence community (as defined in 
section 3(4) of the National Security Act of 1947 (50 U.S.C. 
401a(4))) for the performance of a joint program conducted 
to meet the needs of the Department of Defense and the non- 
defense agency shall not be considered a procurement of prop-
erty or services for the Department of Defense through a non- 
defense agency.’’. 
SEC. 807. POLICY AND REQUIREMENTS TO ENSURE THE SAFETY OF 
FACILITIES, INFRASTRUCTURE, AND EQUIPMENT FOR 
MILITARY OPERATIONS. 
(a) POLICY.—It shall be the policy of the Department of Defense 
that facilities, infrastructure, and equipment that are intended 
for use by military or civilian personnel of the Department in 
current or future military operations should be inspected for safety 
and habitability prior to such use, and that such facilities should 
be brought into compliance with generally accepted standards for 
the safety and health of personnel to the maximum extent prac-
ticable and consistent with the requirements of military operations 
and the best interests of the Department of Defense, to minimize 
the safety and health risk posed to such personnel.
H. R. 2647—216 
(b) REQUIREMENTS.—Not later than 60 days after the date 
of the enactment of this Act, the Secretary of Defense shall— 
(1) ensure that each contract or task or delivery order 
entered into for the construction, installation, repair, mainte-
nance, or operation of facilities for use by military or civilian 
personnel of the Department complies with the policy estab-
lished in subsection (a); 
(2) ensure that contracts entered into prior to the date 
that is 60 days after the date of the enactment of this Act 
comply with such policy to the maximum extent practicable; 
(3) define the term ‘‘generally accepted standards’’ with 
respect to fire protection, structural integrity, electrical sys-
tems, plumbing, water treatment, waste disposal, and tele-
communications networks for the purposes of this section; and 
(4) provide such exceptions and limitations as may be 
needed to ensure that this section can be implemented in 
a manner that is consistent with the requirements of military 
operations and the best interests of the Department of Defense. 
Subtitle B—Amendments to General Con-
tracting Authorities, Procedures, and 
Limitation 
SEC. 811. JUSTIFICATION AND APPROVAL OF SOLE-SOURCE CON-
TRACTS. 
(a) IN GENERAL.—Not later than 180 days after the date of 
the enactment of this Act, the Federal Acquisition Regulation shall 
be revised to provide that the head of an agency may not award 
a sole-source contract in a covered procurement for an amount 
exceeding $20,000,000 unless— 
(1) the contracting officer for the contract justifies the 
use of a sole-source contract in writing; 
(2) the justification is approved by the appropriate official 
designated to approve contract awards for dollar amounts that 
are comparable to the amount of the sole-source contract; and 
(3) the justification and related information are made public 
as provided in sections 2304(f)(1)(C) and 2304(l) of title 10, 
United States Code, or sections 303(f)(1)(C) and 303(j) of the 
Federal Property and Administrative Services Act of 1949 (41 
U.S.C. 253(f)(1)(C) and 253(j)), as applicable. 
(b) ELEMENTS OF JUSTIFICATION.—The justification of a sole- 
source contract required pursuant to subsection (a) shall include 
the following: 
(1) A description of the needs of the agency concerned 
for the matters covered by the contract. 
(2) A specification of the statutory provision providing the 
exception from the requirement to use competitive procedures 
in entering into the contract. 
(3) A determination that the use of a sole-source contract 
is in the best interest of the agency concerned. 
(4) A determination that the anticipated cost of the contract 
will be fair and reasonable. 
(5) Such other matters as the head of the agency concerned 
shall specify for purposes of this section. 
(c) DEFINITIONS.—In this section:
H. R. 2647—217 
(1) COVERED PROCUREMENT.—The term ‘‘covered procure-
ment’’ means either of the following: 
(A) A procurement described in section 2304(f)(2)(D)(ii) 
of title 10, United States Code. 
(B) A procurement described in section 303(f)(2)(D)(ii) 
of the Federal Property and Administrative Services Act 
of 1949 (41 U.S.C. 253(f)(2)(D)(ii)). 
(2) HEAD OF AN AGENCY.—The term ‘‘head of an agency’’— 
(A) in the case of a covered procurement as defined 
in paragraph (1)(A), has the meaning provided in section 
2302(1) of title 10, United States Code; and 
(B) in the case of a covered procurement as defined 
in paragraph (1)(B), has the meaning provided the term 
‘‘agency head’’ in section 309(a) of the Federal Property 
and Administrative Services Act of 1949 (41 U.S.C. 259(a)). 
(3) APPROPRIATE OFFICIAL.—The term ‘‘appropriate official’’ 
means— 
(A) in the case of a covered procurement as defined 
in paragraph (1)(A), an official designated in section 
2304(f)(1)(B) of title 10, United States Code; and 
(B) in the case of a covered procurement as defined 
in paragraph (1)(B), an official designated in section 
303(f)(1)(B) of the Federal Property and Administrative 
Services Act of 1949 (41 U.S.C. 253(f)(1)(B)). 
SEC. 812. REVISION OF DEFENSE SUPPLEMENT RELATING TO PAY-
MENT OF COSTS PRIOR TO DEFINITIZATION. 
(a) REVISION REQUIRED.—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 Federal Acquisition Regula-
tion to ensure that any limitations described in subsection (b) 
are applicable to all categories of undefinitized contractual actions 
(including undefinitized task orders and delivery orders). 
(b) LIMITATIONS.—The limitations referred to in subsection (a) 
are any limitations on the reimbursement of costs and the payment 
of profits or fees with respect to costs incurred before the 
definitization of an undefinitized contractual action of the Depart-
ment of Defense, including— 
(1) such limitations as described in part 52.216-26 of the 
Federal Acquisition Regulation; and 
(2) any such limitations implementing the requirements 
of section 809 of the National Defense Authorization Act for 
Fiscal Year 2008 (Public Law 110–181; 10 U.S.C. 2326 note). 
SEC. 813. REVISIONS TO DEFINITIONS RELATING TO CONTRACTS IN 
IRAQ AND AFGHANISTAN. 
(a) REVISIONS TO DEFINITION OF CONTRACT IN IRAQ OR AFGHANI-
STAN.—Section 864(a)(2) of the National 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 cooperative agreement’’; 
(2) by striking in the parenthetical ‘‘or task order or 
delivery order’’ and inserting ‘‘task order, delivery order, grant, 
or cooperative agreement’’;
H. R. 2647—218 
(3) by striking ‘‘or task or delivery order’’ after the par-
enthetical 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 CONTRACT.—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 semicolon at 
the end of subparagraph (C); and 
(3) by adding at the end the following new subparagraphs: 
‘‘(D) a grant for the performance of services in an 
area of combat operations, as designated by the Secretary 
of Defense under subsection (c) of section 862; or 
‘‘(E) a cooperative agreement for the performance of 
services in such an area of combat operations.’’. 
(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 delivery order, the contractor 
or subcontractor carrying 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 coopera-
tive 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 striking ‘‘$25,000’’ and inserting 
‘‘$100,000’’. 
SEC. 814. AMENDMENT TO NOTIFICATION REQUIREMENTS FOR 
AWARDS OF SINGLE SOURCE TASK OR DELIVERY ORDERS. 
(a) CONGRESSIONAL DEFENSE COMMITTEES.—Subparagraph (B) 
of section 2304a(d)(3) of title 10, United States Code, is amended 
to read as follows: 
‘‘(B) The head of the agency shall notify the congressional 
defense committees within 30 days after any determination under 
clause (i), (ii), (iii), or (iv) of subparagraph (A).’’. 
(b) CONGRESSIONAL INTELLIGENCE COMMITTEES.—In the case 
of a task or delivery order contract awarded with respect to intel-
ligence activities of the Department of Defense, any notification 
provided under subparagraph (B) of section 2304a(d)(3) of title 
10, United States Code, as amended by subsection (a), shall also 
be provided at the same time as notification is provided to the 
congressional defense committees under that subparagraph— 
(1) to the Permanent Select Committee on Intelligence 
of the House of Representatives insofar as such task or delivery 
order contract relates to tactical intelligence and intelligence- 
related activities of the Department; and 
(2) to the Select Committee on Intelligence of the Senate 
and the Permanent Select Committee on Intelligence of the 
House of Representatives insofar as such task or delivery order 
contract relates to intelligence and intelligence-related activities
H. R. 2647—219 
of the Department other than those specified in paragraph 
(1). 
SEC. 815. CLARIFICATION OF UNIFORM SUSPENSION AND DEBARMENT 
REQUIREMENT. 
Section 2455(c)(1) of the Federal Acquisition Streamlining Act 
of 1994 (31 U.S.C. 6101 note) is amended by adding at the end 
the following: ‘‘Such term includes subcontracts at any tier, other 
than subcontracts for commercially available off-the-shelf items (as 
defined in section 35(c) of the Office of Federal Procurement Policy 
Act (41 U.S.C. 431(c))), except that in the case of a contract for 
commercial items, such term includes only first-tier subcontracts.’’. 
SEC. 816. EXTENSION OF AUTHORITY FOR USE OF SIMPLIFIED 
ACQUISITION PROCEDURES FOR CERTAIN COMMERCIAL 
ITEMS. 
Section 4202 of the Clinger–Cohen Act of 1996 (division D 
of Public Law 104–106; 110 Stat. 652; 10 U.S.C. 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. 817. REPORTING REQUIREMENTS FOR PROGRAMS THAT QUALIFY 
AS BOTH MAJOR AUTOMATED INFORMATION SYSTEM PRO-
GRAMS AND MAJOR DEFENSE ACQUISITION PROGRAMS. 
(a) IN GENERAL.—Section 2445d of title 10, United States Code, 
is amended by striking ‘‘of this title’’ and all that follows and 
inserting ‘‘of this title, the Secretary may designate the program 
to be treated only as a major automated information system pro-
gram covered by this chapter or to be treated only as a major 
defense acquisition program covered by such chapter 144.’’. 
(b) GUIDANCE REQUIRED.—Not later than 180 days after the 
date of the enactment of this Act, the Secretary of Defense shall 
issue guidance on the implementation of section 2445d of title 
10, United States Code (as amended by subsection (a)). The guid-
ance shall provide that, as a general rule— 
(1) a program covered by such section that requires the 
development of customized hardware shall be treated only as 
a major defense acquisition program under chapter 144 of title 
10, United States Code; and 
(2) a program covered by such section that does not require 
the development of customized hardware shall be treated only 
as a major automated information system program under 
chapter 144A of title 10, United States Code. 
SEC. 818. SMALL ARMS PRODUCTION INDUSTRIAL BASE MATTERS. 
(a) AUTHORITY
TO
MODIFY
DEFINITION
OF
‘‘SMALL
ARMS 
PRODUCTION INDUSTRIAL BASE’’.—Section 2473(c) of title 10, United 
States Code, is amended— 
(1) by striking ‘‘In this section’’ and inserting ‘‘(1) Subject 
to paragraph (2), in this section’’; and 
(2) by adding at the end the following new paragraph: 
‘‘(2) After March 31, 2010, the Secretary of Defense may elimi-
nate, modify, or add to the firms included in the small arms produc-
tion industrial base, as defined in paragraph (1), as he determines 
appropriate to best ensure the competitive development, production, 
and maintenance of small arms for the Department of Defense.’’. 
(b) REVIEW OF SMALL ARMS PRODUCTION INDUSTRIAL BASE.—
H. R. 2647—220 
(1) REVIEW.—Not later than March 31, 2010, the Secretary 
of Defense shall review and determine, based on current and 
future Department requirements and competitive manufac-
turing capability and capacity— 
(A) whether any firms included in the small arms 
production industrial base (as that term is defined in sec-
tion 2473(c) of title 10, United States Code) should be 
eliminated or modified and whether any additional firms 
should be included; and 
(B) whether any of the small arms listed in section 
2473(d) of title 10, United States Code, should be elimi-
nated from the list or modified on the list and whether 
any additional small arms should be included in the list. 
(2) REPORTS.— 
(A) Not later than March 31, 2010, the Secretary of 
Defense shall submit to the congressional defense commit-
tees a report on the review conducted under this subsection. 
(B) The Secretary of Defense shall notify the congres-
sional defense committees not later than 30 days after 
making any modification to the list maintained pursuant 
to subsection (c) of section 2473 of title 10, United States 
Code, or the list under subsection (d) of such section. 
SEC. 819. CONTRACT AUTHORITY FOR ADVANCED COMPONENT 
DEVELOPMENT OR PROTOTYPE UNITS. 
(a) AUTHORITY.—A contract initially awarded from the competi-
tive 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 line item or contract option for— 
(1) the provision of advanced component development or 
prototype of technology developed under the 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 contract. 
(b) LIMITATIONS.— 
(1) MINIMAL AMOUNT.—A contract line item or contract 
option 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 follow-on development or production contract for those items. 
(2) TERM.—A contract line item or contract option described 
in subsection (a) shall be for a term of not more than 12 
months. 
(3) DOLLAR VALUE OF WORK.—The dollar value of the work 
to be performed pursuant to a contract line item or contract 
option described in subsection (a) may not exceed the lesser 
of the amounts as follows: 
(A) The amount that is three times the dollar value 
of the work previously performed under the contract. 
(B) $20,000,000. 
(4) TERMINATION OF AUTHORITY.—A military department 
or defense agency may not exercise a contract line item or 
contract option pursuant to the authority provided in subsection 
(a) after September 30, 2014. 
(c) REPORT.—The Secretary of Defense shall submit to the 
congressional defense committees a report on the use of the
H. R. 2647—221 
authority provided by subsection (a) not later than March 1, 2013. 
The report shall, at a minimum, describe— 
(1) the number of times a contract line item or contract 
option was exercised under such authority, the dollar amount 
of each such line item or option, and the scope of each such 
line item or option; 
(2) the circumstances that rendered the military depart-
ment 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 affected competition 
and technology transition; and 
(4) such recommendations as the Secretary considers appro-
priate, including any recommendations regarding the modifica-
tion or extension of such authority. 
SEC. 820. PUBLICATION OF NOTIFICATION OF BUNDLING OF CON-
TRACTS OF THE DEPARTMENT OF DEFENSE. 
(a) REQUIREMENT TO PUBLISH NOTIFICATION FOR BUNDLING.— 
A contracting officer of the Department of Defense carrying out 
a covered acquisition shall publish a notification consistent with 
the requirements of paragraph (c)(2) of subpart 10.001 of the Fed-
eral 
Acquisition 
Regulation 
on 
the 
website 
known 
as 
FedBizOpps.gov (or any successor site) at least 30 days prior to 
the release of a solicitation for such acquisition and, if the agency 
has determined that measurably substantial benefits are expected 
to be derived as a result of bundling such acquisition, shall include 
in the notification a brief description of the benefits. 
(b) COVERED ACQUISITION DEFINED.—In this section, the term 
‘‘covered acquisition’’ means an acquisition that is— 
(1) funded entirely using funds of the Department of 
Defense; and 
(2) covered by subpart 7.107 of the Federal Acquisition 
Regulation (relating to acquisitions involving bundling). 
(c) CONSTRUCTION.— 
(1) NOTIFICATION.—Nothing in this section shall be con-
strued to alter the responsibility of a contracting officer to 
provide the notification referred to in subsection (a) with respect 
to a covered acquisition, or otherwise provide notification, to 
any party concerning such acquisition under any other require-
ment of law or regulation. 
(2) DISCLOSURE.—Nothing in this section shall be construed 
to require 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) ISSUANCE
OF
SOLICITATION.—Nothing in this section 
shall be construed to require a contracting officer to delay 
the issuance of a solicitation in order to meet the requirements 
of subsection (a) if the expedited issuance of such solicitation 
is otherwise authorized under any other requirement of law 
or regulation.
H. R. 2647—222 
Subtitle C—Contractor Matters 
SEC. 821. AUTHORITY FOR GOVERNMENT SUPPORT CONTRACTORS TO 
HAVE ACCESS TO TECHNICAL DATA BELONGING TO PRIME 
CONTRACTORS. 
(a) AUTHORITY FOR ACCESS TO TECHNICAL DATA.—Subsection 
(c) of section 2320 of title 10, United States Code, is amended— 
(1) in paragraph (1), by striking ‘‘or’’ at the end; 
(2) by redesignating paragraph (2) as paragraph (3); and 
(3) by inserting after paragraph (1) the following new para-
graph (2): 
‘‘(2) notwithstanding any limitation upon the license rights 
conveyed under subsection (a), allowing a covered Government 
support contractor access to and use of any technical data 
delivered under a contract for the sole purpose of furnishing 
independent and impartial advice or technical assistance 
directly to the Government in support of the Government’s 
management and oversight of the program or effort to which 
such technical data relates; or’’. 
(b) COVERED GOVERNMENT SUPPORT CONTRACTOR DEFINED.— 
Such section is further amended by adding at the end the following 
new subsection: 
‘‘(f) In this section, the term ‘covered Government support con-
tractor’ means a contractor under a contract the primary purpose 
of which is to furnish independent and impartial advice or technical 
assistance directly to the Government in support of the Govern-
ment’s management and oversight of a program or effort (rather 
than to directly furnish an end item or service to accomplish a 
program or effort), which contractor— 
‘‘(1) is not affiliated with the prime contractor or a first- 
tier subcontractor on the program or effort, or with any direct 
competitor of such prime contractor or any such first-tier sub-
contractor in furnishing end items or services of the type devel-
oped or produced on the program or effort; and 
‘‘(2) executes a contract with the Government agreeing 
to and acknowledging— 
‘‘(A) that proprietary or nonpublic technical data fur-
nished will be accessed and used only for the purposes 
stated in that contract; 
‘‘(B) that the covered Government support contractor 
will enter into a non-disclosure agreement with the con-
tractor to whom the rights to the technical data belong; 
‘‘(C) that the covered Government support contractor 
will take all reasonable steps to protect the proprietary 
and nonpublic nature of the technical data furnished to 
the covered Government support contractor during the pro-
gram or effort for the period of time in which the Govern-
ment is restricted from disclosing the technical data outside 
of the Government; 
‘‘(D) that a breach of that contract by the covered 
Government support contractor with regard to a third 
party’s ownership or rights in such technical data may 
subject the covered Government support contractor— 
‘‘(i) to criminal, civil, administrative, and contrac-
tual actions in law and equity for penalties, damages,
H. R. 2647—223 
and other appropriate remedies by the United States; 
and 
‘‘(ii) to civil actions for damages and other appro-
priate remedies by the contractor or subcontractor 
whose technical data is affected by the breach; and 
‘‘(E) that such technical data provided to the covered 
Government support contractor under the authority of this 
section shall not be used by the covered Government sup-
port contractor to compete against the third party for 
Government or non-Government contracts.’’. 
SEC. 822. EXTENSION AND ENHANCEMENT OF AUTHORITIES ON THE 
COMMISSION ON WARTIME CONTRACTING IN IRAQ AND 
AFGHANISTAN. 
(a) DATE OF FINAL REPORT.—Subsection (d)(3) of section 841 
of the National Defense Authorization Act for Fiscal Year 2008 
(Public Law 110–181; 122 Stat. 230) is amended by striking ‘‘two 
years’’ and inserting ‘‘three years’’. 
(b) ASSISTANCE FROM FEDERAL AGENCIES.—Such section is fur-
ther amended— 
(1) by redesignating subsections (f) and (g) as subsections 
(g) and (h), respectively; and 
(2) by inserting after subsection (e) the following new sub-
section (f): 
‘‘(f) ASSISTANCE FROM FEDERAL AGENCIES.— 
‘‘(1) DEPARTMENT OF DEFENSE.—The Secretary of Defense 
shall provide to the Commission administrative support for 
the performance of the Commission’s functions in carrying out 
the requirements of this section. 
‘‘(2) TRAVEL
AND
LODGING
IN
COMBAT
THEATERS.—The 
administrative support provided the Commission under para-
graph (1) shall include travel and lodging undertaken in combat 
theaters, which support shall be provided through funds made 
available for that purpose through the Washington Head-
quarters Services or on a non-reimbursable basis, as appro-
priate. 
‘‘(3) OTHER DEPARTMENTS AND AGENCIES.—In addition to 
the support required by paragraph (1), any department or 
agency of the Federal Government may provide to the Commis-
sion such services, funds, facilities, staff, and other support 
services for the performance of the Commission’s functions as 
the head of such department or agency considers advisable, 
or as may otherwise be authorized by law.’’. 
SEC. 823. AUTHORITY FOR SECRETARY OF DEFENSE TO REDUCE OR 
DENY AWARD FEES TO COMPANIES FOUND TO JEOP-
ARDIZE HEALTH OR SAFETY OF GOVERNMENT PER-
SONNEL. 
(a) AUTHORITY TO REDUCE OR DENY AWARD FEES.—Not later 
than 180 days after the date of the enactment of this Act, the 
Secretary of Defense shall revise the guidance issued pursuant 
to section 814 of the John Warner National Defense Authorization 
Act for Fiscal Year 2007 (Public Law 109–364; 129 Stat. 2321) 
to ensure that all covered contracts using award fees— 
(1) provide for the consideration of any incident described 
in subsection (b) in evaluations of contractor performance for 
the relevant award fee period; and
H. R. 2647—224 
(2) authorize the Secretary to reduce or deny award fees 
for the relevant award fee period, or to recover all or part 
of award fees previously paid for such period, on the basis 
of the negative impact of such incident on contractor perform-
ance. 
(b) COVERED INCIDENTS.—An incident referred to in subsection 
(a) is any incident in which the contractor— 
(1) 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 Government through gross neg-
ligence or with reckless disregard for the safety of such per-
sonnel; or 
(2) has been determined, through a criminal, civil, or 
administrative proceeding that results in a disposition listed 
in subsection (c), to be liable for actions of a subcontractor 
of the contractor that caused serious bodily injury or death 
to any civilian or military personnel of the Government, through 
gross negligence or with reckless disregard for the safety of 
such personnel. 
(c) LIST OF DISPOSITIONS IN CRIMINAL, CIVIL, OR ADMINISTRA-
TIVE PROCEEDINGS.—For purposes of subsection (a), the dispositions 
listed in this subsection are as follows: 
(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, restitution, 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 adminis-
trative proceeding, a disposition 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) DEFINITIONS.—In this section: 
(1) The term ‘‘defense contractor’’ means a company 
awarded a covered contract. 
(2) The term ‘‘covered contract’’ means a contract awarded 
by the Department of Defense for the procurement of goods 
or services. 
(3) The term ‘‘serious bodily injury’’ means a grievous phys-
ical harm that results in a permanent disability. 
(e) EFFECTIVE DATE.—This section shall apply with respect 
to contracts entered into after the date occurring 180 days after 
the date of the enactment of this Act.
H. R. 2647—225 
Subtitle D—Acquisition Workforce Matters 
SEC. 831. ENHANCEMENT OF EXPEDITED HIRING AUTHORITY FOR 
DEFENSE ACQUISITION WORKFORCE POSITIONS. 
(a) IN GENERAL.—Paragraph (1) of section 1705(h) of title 10, 
United States Code, is amended— 
(1) in subparagraph (A), by striking ‘‘acquisition positions 
within the Department of Defense as shortage category posi-
tions’’ and inserting ‘‘acquisition workforce positions as posi-
tions for which there exists a shortage of candidates or there 
is a critical hiring need’’; and 
(2) in subparagraph (B), by striking ‘‘highly’’. 
(b) EXTENSION.—Paragraph (2) of such section is amended by 
striking ‘‘September 30, 2012’’ and inserting ‘‘September 30, 2015’’. 
(c) TECHNICAL AMENDMENT.—Paragraph (1) of such section is 
further amended by striking ‘‘United States Code,’’ in the matter 
preceding subparagraph (A). 
SEC. 832. FUNDING OF DEPARTMENT OF DEFENSE ACQUISITION 
WORKFORCE DEVELOPMENT FUND. 
(a) ADDITIONAL ELEMENT OF FUND.—Subsection (d) of section 
1705 of title 10, United States Code, is amended— 
(1) in paragraph (1)— 
(A) by redesignating subparagraph (B) as subpara-
graph (C); and 
(B) by inserting after subparagraph (A) the following 
new subparagraph (B): 
‘‘(B) Amounts transferred to the Fund pursuant to 
paragraph (3).’’; and 
(2) by adding at the end the following new paragraph: 
‘‘(3) TRANSFER
OF
CERTAIN
UNOBLIGATED
BALANCES.—To 
the extent provided in appropriations Acts, the Secretary of 
Defense may, during the 24-month period following the expira-
tion of availability for obligation of any appropriations made 
to the Department of Defense for procurement, research, 
development, test, and evaluation, or operation and mainte-
nance, transfer to the Fund any unobligated balance of such 
appropriations. Any amount so transferred shall be credited 
to the Fund.’’. 
(b) NATURE
OF EXPENDED AMOUNTS PROVIDING BASIS
FOR 
CREDIT TO FUND.—Subparagraph (A) of paragraph (2) of such sub-
section is amended by striking ‘‘, other than’’ and all that follows 
and inserting ‘‘from amounts available for contract services for 
operation and maintenance.’’. 
(c) REMITTANCES.—Subparagraph (B) of paragraph (2) of such 
subsection is amended by inserting ‘‘, from amounts available to 
such military department or Defense Agency, as the case may 
be, for contract services for operation and maintenance,’’ after ‘‘remit 
to the Secretary of Defense’’. 
(d) ADDITIONAL MATTERS RELATING TO REMITTANCES.— 
(1) REMITTANCE BY FISCAL YEAR INSTEAD OF QUARTER.— 
Subparagraph (B) of paragraph (2) of such subsection is 
amended— 
(A) in the first sentence, by striking ‘‘the third fiscal 
year quarter’’ and all that follows through ‘‘thereafter’’ 
and inserting ‘‘the first quarter of each fiscal year’’; and
H. R. 2647—226 
(B) by striking ‘‘quarter’’ before ‘‘for services’’. 
(2) ADDITIONAL
REQUIREMENTS
AND
LIMITATIONS.—Such 
subsection is further amended— 
(A) in paragraph (2)(B), by striking ‘‘Not later than’’ 
and inserting ‘‘Subject to paragraph (4), not later than’’; 
and 
(B) by adding at the end the following new paragraph: 
‘‘(4) ADDITIONAL REQUIREMENTS AND LIMITATIONS ON REMIT-
TANCES.—(A) In the event amounts are transferred to the Fund 
during a fiscal year pursuant to paragraph (1)(B) or appro-
priated to the Fund for a fiscal year pursuant to paragraph 
(1)(C), the aggregate amount otherwise required to be remitted 
to the Fund for that fiscal year pursuant to paragraph (2)(B) 
shall be reduced by the amount equal to the amounts so trans-
ferred or appropriated to the Fund during or for that fiscal 
year. Any reduction in the aggregate amount required to be 
remitted to the Fund for a fiscal year under this subparagraph 
shall be allocated as provided in applicable provisions of appro-
priations Acts or, absent such provisions, on a pro rata basis 
among the military departments and Defense Agencies required 
to make remittances to the Fund for that fiscal year under 
paragraph (2)(B), subject to any exclusions the Secretary of 
Defense determines to be necessary in the best interests of 
the Department of Defense. 
‘‘(B) Any remittance of amounts to the Fund for a fiscal 
year under paragraph (2) shall be subject to the availability 
of appropriations for that purpose.’’. 
(e) REMITTANCE AMOUNTS.—Paragraph (2) of such subsection 
is further amended by striking subparagraphs (C) and (D) and 
inserting the following new subparagraphs: 
‘‘(C) For purposes of this paragraph, the applicable 
percentage for a fiscal year is the percentage that results 
in the credit to the Fund in such fiscal year of an amount 
as follows: 
‘‘(i) For fiscal year 2010, $100,000,000. 
‘‘(ii) For fiscal year 2011, $770,000,000. 
‘‘(iii) For fiscal year 2012, $900,000,000. 
‘‘(iv) For fiscal year 2013, $1,180,000,000. 
‘‘(v) For fiscal year 2014, $1,330,000,000. 
‘‘(vi) For fiscal year 2015, $1,470,000,000. 
‘‘(D) The Secretary of Defense may reduce an amount 
specified in subparagraph (C) for a fiscal year if the Sec-
retary determines that the amount is greater than is 
reasonably needed for purposes of the Fund for such fiscal 
year. The Secretary may not reduce the amount for a 
fiscal year to an amount that is less than 80 percent 
of the amount otherwise specified in subparagraph (C) 
for such fiscal year.’’. 
(f) CLARIFICATION OF LIMITATION ON PAY OF BASE SALARY OF 
CURRENT EMPLOYEES.—Subsection (e)(5) of such section is amended 
by striking ‘‘as of the date of the enactment of the National Defense 
Authorization Act for Fiscal Year 2008’’ and inserting ‘‘serving 
in a position in the acquisition workforce as of January 28, 2008’’. 
(g) TECHNICAL AMENDMENTS.— 
(1) Subsection (a) of such section is amended by inserting 
‘‘Development’’ after ‘‘Workforce’’.
H. R. 2647—227 
(2) Subsection (f) of such section is amended in the matter 
preceding paragraph (1) by striking ‘‘beginning with fiscal year 
2008’’. 
(h) EFFECTIVE DATES.— 
(1) FUNDING
AMENDMENTS.—The amendments made by 
subsections (a) through (c) shall take effect as of October 1, 
2009. 
(2) TECHNICAL AMENDMENTS.—The amendments made by 
subsections (f) and (g) shall take effect on the date of the 
enactment of this Act. 
SEC. 833. REVIEW OF POST-EMPLOYMENT RESTRICTIONS APPLICABLE 
TO THE DEPARTMENT OF DEFENSE. 
(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 relating to post-employment restrictions 
on former Department of Defense personnel to determine whether 
such policies adequately protect the public interest, without 
unreasonably limiting future employment options for former Depart-
ment of Defense personnel. 
(b) MATTERS CONSIDERED.—In performing the review required 
by subsection (a), the Panel shall consider the extent to which 
current post-employment restrictions— 
(1) appropriately protect the public interest by preventing 
personal conflicts of interests and preventing former Depart-
ment 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 Department of Defense 
involving matters related to their official duties; 
(3) use appropriate thresholds, in terms of salary or duties, 
for the establishment of such restrictions; 
(4) are sufficiently straightforward and have been explained 
to personnel of the Department of Defense so that such per-
sonnel are able to avoid potential violations of post-employment 
restrictions and conflicts of interest in interactions with former 
personnel of the Department; 
(5) appropriately apply to all personnel performing duties 
in acquisition-related activities, 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 acquisition 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 one year 
after the date of the enactment of this Act. 
(d) REPORT TO COMMITTEES ON ARMED SERVICES.—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 Representatives a report containing the findings of 
the review and the recommendations of the Panel to the Secretary
H. R. 2647—228 
of Defense, including recommended legislative or regulatory 
changes, resulting from the review. 
(e) NATIONAL ACADEMY OF PUBLIC ADMINISTRATION ASSESS-
MENT.— 
(1) Not later than 30 days after the completion of the 
review, the Secretary of Defense shall enter into an arrange-
ment with the National Academy of Public Administration to 
assess the findings and recommendations of the review. 
(2) Not later than 210 days after the completion 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 assessment, along with such 
comments as the Secretary considers appropriate, to the 
Committees on Armed Services of the Senate and the House 
of Representatives. 
SEC. 834. REVIEW OF FEDERAL ACQUISITION WORKFORCE TRAINING 
AND HIRING. 
(a) COMPTROLLER GENERAL REPORT ON THE GOVERNMENT-WIDE 
ACQUISITION WORKFORCE DEVELOPMENT STRATEGIC PLAN.—Not 
later than 180 days after the Acquisition Workforce Development 
Strategic Plan required by section 869 of the Duncan Hunter 
National Defense Authorization Act for Fiscal Year 2009 (Public 
Law 110–417; 122 Stat. 4553) is completed, the Comptroller General 
of the United States shall submit to the relevant committees of 
Congress a report on the Plan. 
(b) MATTERS COVERED.—The report required under subsection 
(a) shall include assessments of the following: 
(1) The methodologies used to formulate the Acquisition 
Workforce Development Strategic Plan and its recommenda-
tions. 
(2) The extent to which the Acquisition Workforce Develop-
ment Strategic Plan addresses previously identified short-
comings in the acquisition workforce and prior efforts by agen-
cies to develop acquisition workforce plans, including the strate-
gies used to identify and hire acquisition personnel. 
(3) The feasibility of the Acquisition Workforce Develop-
ment Strategic Plan’s recommendations and associated time 
frames for implementation, particularly as they relate to the 
development of a sustainable funding model and the applica-
bility of the Defense Acquisition Workforce Development Fund 
model to civilian agencies. 
(4) The extent to which the Acquisition Workforce Develop-
ment Strategic Plan considered the use by agencies of contractor 
personnel to supplement the acquisition workforce. 
(5) Whether the Acquisition Workforce Development Stra-
tegic Plan considered the full range of laws, regulations, and 
policies that currently apply to the acquisition workforce. 
(6) The extent to which the Acquisition Workforce Develop-
ment Strategic Plan considered the specific training and reten-
tion tools (whether located within or outside an agency) used 
to professionally develop and retain acquisition personnel, 
including the following: 
(A) The Defense Acquisition University.
H. R. 2647—229 
(B) The Federal Acquisition Institute. 
(C) Continuing education and professional development 
opportunities available to acquisition professionals. 
(D) Opportunities to pursue higher education available 
to acquisition personnel, including scholarships and student 
loan forgiveness. 
(7) Such other matters, findings, and recommendations as 
the Comptroller General considers appropriate. 
(c) RELEVANT COMMITTEES.—In this section, the term ‘‘relevant 
committees’’ means each of the following: 
(1) The Committee on Oversight and Government Reform 
of the House of Representatives. 
(2) The Committee on Armed Services of the House of 
Representatives. 
(3) The Committee on Homeland Security and Government 
Affairs of the Senate. 
(4) The Committee on Armed Services of the Senate. 
Subtitle E—Other Matters 
SEC. 841. REPORTS TO CONGRESS ON FULL DEPLOYMENT DECISIONS 
FOR MAJOR AUTOMATED INFORMATION SYSTEM PRO-
GRAMS. 
(a) IMPLEMENTATION SCHEDULE.—Section 2445b(b)(2) of title 
10, United States Code, is amended by striking ‘‘initial operational 
capability, and full operational capability’’ and inserting ‘‘full 
deployment decision, and full deployment’’. 
(b) CRITICAL CHANGES IN PROGRAM.—Section 2445c(d)(2)(A) of 
such title is amended by striking ‘‘initial operational capability’’ 
and inserting ‘‘a full deployment decision’’. 
(c) DEFINITIONS.—Section 2445a of such title is amended by 
adding at the end the following new subsections: 
‘‘(e) FULL DEPLOYMENT DECISION.—In this chapter, the term 
‘full deployment decision’ means, with respect to a major automated 
information system program, the final decision made by the Mile-
stone Decision Authority authorizing an increment of the program 
to deploy software for operational use. 
‘‘(f) FULL DEPLOYMENT.—In this chapter, the term ‘full deploy-
ment’ means, with respect to a major automated information system 
program, the fielding of an increment of the program in accordance 
with the terms of a full deployment decision.’’. 
SEC. 842. AUTHORIZATION TO TAKE ACTIONS TO CORRECT THE INDUS-
TRIAL RESOURCE SHORTFALL FOR HIGH-PURITY BERYL-
LIUM METAL. 
Notwithstanding any limitation in section 303 of the Defense 
Production Act of 1950 (50 U.S.C. App. 2093), an action may be 
taken under such section to correct an industrial resource shortfall 
or domestic industrial base shortfall for high-purity beryllium metal 
if such action does not cause the aggregate outstanding amount 
of all such actions for such shortfall to exceed ‘‘$85,000,000’’. 
SEC. 843. REPORT ON RARE EARTH MATERIALS IN THE DEFENSE 
SUPPLY CHAIN. 
(a) REPORT REQUIRED.—Not later than April 1, 2010, the Comp-
troller General shall submit to the Committees on Armed Services
H. R. 2647—230 
of the Senate and House of Representatives a report on rare earth 
materials in the supply chain of the Department of Defense. 
(b) MATTERS ADDRESSED.—The report required by subsection 
(a) shall address, at a minimum, the following: 
(1) An analysis of the current and projected domestic and 
worldwide availability of rare earths for use in defense systems, 
including an analysis of projected availability of these materials 
in the export market. 
(2) An analysis of actions or events outside the control 
of the Government of the United States that could restrict 
the access of the Department of Defense to rare earth materials, 
such as past procurements and attempted procurements of 
rare earth mines and mineral rights. 
(3) A determination as to which defense systems are cur-
rently dependent on, or projected to become dependent on, 
rare earth materials, particularly neodymium iron boron 
magnets, whose supply could be restricted— 
(A) by actions or events identified pursuant to para-
graph (2); or 
(B) by other actions or events outside the control of 
the Government of the United States. 
(4) The risk to national security, if any, of the dependencies 
(current or projected) identified pursuant to paragraph (3). 
(5) Any steps that the Department of Defense has taken 
or is planning to take to address any such risk to national 
security. 
(6) Such recommendations for further action to address 
the matters covered by the report as the Comptroller General 
considers appropriate. 
(c) DEFINITIONS.—In this section: 
(1) The term ‘‘rare earth’’ means the chemical elements, 
all metals, beginning with lanthanum, atomic number 57, and 
including all of the natural chemical elements in the periodic 
table following lanthanum up to and including lutetium, ele-
ment number 71. The term also includes the elements yttrium 
and scandium. 
(2) The term ‘‘rare earth material’’ includes rare earth 
ores, semi-finished rare earth products, and components con-
taining rare earth materials. 
SEC. 844. COMPTROLLER GENERAL REPORT ON STRUCTURE AND 
MANAGEMENT OF SUBCONTRACTORS UNDER CONTRACTS 
FOR MAJOR WEAPON SYSTEMS. 
(a) STUDY.—The Comptroller General shall conduct a study 
on the structure and management of major subcontracts under 
contracts for the acquisition of selected major weapon systems. 
(b) ISSUES TO BE ADDRESSED.—At a minimum, the study 
required by subsection (a) shall address the following: 
(1) The number of major subcontracts under each prime 
contract reviewed. 
(2) The manner in which the prime contractor addressed 
decisions to conduct work in-house or through subcontracts. 
(3) The manner in which any potential organizational con-
flicts of interest were addressed and the Government’s role 
(if any) in selecting the approach chosen.
H. R. 2647—231 
(4) The manner in which such subcontracts were awarded 
(including the degree of competition) and the Government’s 
role (if any) in such award decisions. 
(5) Any recommendations that the Comptroller General 
may have for improving Government oversight, reducing the 
oversight burden on the acquisition workforce, or otherwise 
improving the management of subcontractors under contracts 
for the acquisition of major weapon systems. 
(c) DEADLINE FOR SUBMISSION.—Not later than one year after 
the date of the enactment of this Act, the Comptroller General 
shall submit to the Committees on Armed Services of the Senate 
and the House of Representatives a report on the results of the 
study required by subsection (a), with such findings and rec-
ommendations as the Comptroller General considers appropriate. 
SEC. 845. STUDY OF THE USE OF FACTORS OTHER THAN COST OR 
PRICE AS THE PREDOMINATE FACTORS IN EVALUATING 
COMPETITIVE PROPOSALS FOR DEFENSE PROCUREMENT 
CONTRACTS. 
(a) STUDY REQUIRED.—The Comptroller General of the United 
States shall conduct a study of Department of Defense procurements 
that use solicitations in which evaluation factors other than cost 
or price, when combined, are more important than cost or price. 
(b) ISSUES TO BE ADDRESSED.—The study required by sub-
section (a) shall include, at a minimum, an assessment of— 
(1) the frequency with which evaluation factors other than 
cost or price, when combined, are given more weight than 
cost or price in solicitations for competitive proposals; 
(2) the types of contracts for products or services for which 
such evaluation factors are most frequently used; 
(3) the reasons why the Department of Defense chooses 
to use such evaluation factors; and 
(4) the extent to which the use of such factors is or is 
not in the interest of the Department of Defense. 
(c) REPORT.—Not later than one year after the date of the 
enactment of this Act, the Comptroller General shall submit to 
the Committees on Armed Service of the Senate and the House 
of Representatives a report on the results of the study required 
by subsection (a). 
SEC. 846. REPEAL OF REQUIREMENTS RELATING TO THE MILITARY 
SYSTEM ESSENTIAL ITEM BREAKOUT LIST. 
Section 813 of the National Defense Authorization Act for Fiscal 
Year 2004 (Public Law 108–136; 117 Stat. 1543) is repealed. 
SEC. 847. EXTENSION OF SBIR AND STTR PROGRAMS OF THE DEPART-
MENT OF DEFENSE. 
(a) SBIR EXTENSION.—Section 9(m) of the Small Business Act 
(15 U.S.C. 638(m)) is amended— 
(1) by striking ‘‘The authorization’’ and inserting the fol-
lowing: 
‘‘(1) IN GENERAL.—Except as provided in paragraph (2), 
the authorization’’; and 
(2) by adding at the end the following: 
‘‘(2) EXCEPTION FOR DEPARTMENT OF DEFENSE.—The Sec-
retary of Defense and the Secretary of each military department 
is authorized to carry out the Small Business Innovation
H. R. 2647—232 
Research Program of the Department of Defense until Sep-
tember 30, 2010’’. 
(b) STTR REAUTHORIZATION.—Section 9(n)(1)(A) of the Small 
Business Act (15 U.S.C. 638(n)(1)(A)) is amended— 
(1) by striking ‘‘With respect’’ and inserting the following: 
‘‘(i) FEDERAL
AGENCIES
GENERALLY.—Except as 
provided in clause (ii), with respect’’; and 
(2) by adding at the end the following: 
‘‘(ii) DEPARTMENT OF DEFENSE.—The Secretary of 
Defense and the Secretary of each military department 
shall carry out clause (i) with respect to each fiscal 
year through fiscal year 2010.’’. 
(c) EFFECTIVE DATE.—The amendments made by this section 
shall take effect as of July 30, 2009. 
SEC. 848. EXTENSION OF AUTHORITY FOR SMALL BUSINESS INNOVA-
TION RESEARCH COMMERCIALIZATION PILOT PROGRAM. 
Section 9(y) of the Small Business Act (15 U.S.C. 638(y)) is 
amended in paragraph (6) by striking ‘‘2009’’ and inserting ‘‘2010’’. 
TITLE IX—DEPARTMENT OF DEFENSE 
ORGANIZATION AND MANAGEMENT 
Subtitle A—Department of Defense Management 
Sec. 901. Authority to allow private sector civilians to receive instruction at De-
fense Cyber Investigations Training Academy of the Defense Cyber 
Crime Center. 
Sec. 902. Organizational structure of the Office of the Assistant Secretary of De-
fense for Health Affairs and the TRICARE Management Activity. 
Sec. 903. Sense of Congress regarding the Director of Operational Energy Plans 
and Programs. 
Sec. 904. Increased flexibility for combatant commander initiative fund. 
Sec. 905. Repeal of requirement for a Deputy Under Secretary of Defense for Tech-
nology Security Policy within the Office of the Under Secretary of De-
fense for Policy. 
Sec. 906. Deputy Under Secretaries of Defense and Assistant Secretaries of De-
fense. 
Subtitle B—Space Activities 
Sec. 911. Submission and review of space science and technology strategy. 
Sec. 912. Provision of space situational awareness services and information to non- 
United States Government entities. 
Sec. 913. Management and funding strategy and implementation plan for the Na-
tional Polar-Orbiting Operational Environmental Satellite System Pro-
gram. 
Subtitle C—Intelligence-Related Matters 
Sec. 921. Inclusion of Defense Intelligence Agency in authority to use proceeds from 
counterintelligence operations. 
Sec. 922. Plan to address foreign ballistic missile intelligence analysis. 
Subtitle D—Other Matters 
Sec. 931. Implementation strategy for developing leap-ahead cyber operations capa-
bilities. 
Sec. 932. Defense integrated military human resources system development and 
transition. 
Sec. 933. Report on special operations command organization, manning, and man-
agement. 
Sec. 934. Study on the recruitment, retention, and career progression of uniformed 
and civilian military cyber operations personnel. 
Sec. 935. Plan on access to national airspace for unmanned aircraft systems.
H. R. 2647—233 
Subtitle A—Department of Defense 
Management 
SEC. 901. AUTHORITY TO ALLOW PRIVATE SECTOR CIVILIANS TO 
RECEIVE INSTRUCTION AT DEFENSE CYBER INVESTIGA-
TIONS 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 civilians 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 
section, 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 certification or diploma. 
‘‘(b) ELIGIBLE PRIVATE SECTOR EMPLOYEES.—For purposes of 
this section, an eligible private sector employee is an individual 
employed by a private firm that is engaged in providing to the 
Department of Defense or other Government departments or agen-
cies significant and substantial 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 employed 
by an eligible private sector firm. 
‘‘(c) PROGRAM REQUIREMENTS.—The Secretary of Defense shall 
ensure that— 
‘‘(1) the curriculum in which private sector employees 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 determined 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 Defense Cyber Investigations Training 
Academy. 
‘‘(e) STANDARDS OF CONDUCT.—While receiving instruction at 
the Defense Cyber Investigations Training Academy, students 
enrolled under this section, to the extent practicable, are subject 
to the same regulations governing academic performance, attend-
ance, norms of behavior, and enrollment as apply to Government 
civilian employees receiving instruction at the Academy. 
‘‘(f) USE OF FUNDS.—Amounts received by the Defense Cyber 
Investigations Training Academy for instruction of students enrolled 
under this section shall be retained by the Academy to defray 
the costs of such instruction. The source, and the disposition, of
H. R. 2647—234 
such funds shall be specifically identified in records of the 
Academy.’’. 
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning 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. 902. 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 committees a report on the organiza-
tional structure of the Office of the Assistant Secretary of Defense 
for Health Affairs and the TRICARE Management Activity. 
(b) ELEMENTS.—The report required under subsection (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 description of the 
policy-making functions and oversight responsibilities of each 
senior position in the Office of the Assistant Secretary of 
Defense for Health Affairs and the policy and program execu-
tion responsibilities of each senior position of the TRICARE 
Management Activity. 
(3) POSITIONS FILLED BY SAME INDIVIDUAL.—A description 
of which positions in both organizations 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 organized, are able to appropriately perform the 
discrete functions of policy formulation, policy and program 
execution, and program oversight. 
(c) DEFINITIONS.—In this section: 
(1) SENIOR POSITION.—The term ‘‘senior position’’ means 
a position filled by a member of the senior executive service, 
a position on the Executive Schedule established pursuant to 
title 5, United States Code, or a position filled by a general 
or flag officer. 
(2) SENIOR
PERSONNEL.—The term ‘‘senior personnel’’ 
means personnel who are members of the senior executive 
service, who fill a position listed on the Executive Schedule 
established pursuant to title 5, United States Code, or who 
are general or flag officers. 
SEC. 903. SENSE OF CONGRESS REGARDING THE DIRECTOR OF OPER-
ATIONAL ENERGY PLANS AND PROGRAMS. 
(a) FINDINGS.—Congress makes the following findings: 
(1) The demand for operational energy within the Depart-
ment of Defense imposes significant logistical burdens and oper-
ational vulnerabilities on the warfighter and increases force 
protection requirements.
H. R. 2647—235 
(2) In March 2008, the Comptroller General of the United 
States found that responsibilities for operational energy 
strategy, management, and oversight within the Department 
are diffused throughout various offices and working groups, 
including the Office of the Under Secretary of Defense for 
Acquisition, Technology, and Logistics; the Office of the Under 
Secretary of Defense for Policy; the Office of the Under Sec-
retary of Defense (Comptroller); the Office of Program Analysis 
and Evaluation; the Office of the Chairman of the Joint Chiefs 
of Staff; the commanders of the combatant commands; and 
the offices of the Secretaries of the military departments. 
(3) The Defense Science Board’s 2008 report titled ‘‘More 
Fight – Less Fuel’’ stated that ‘‘There are currently few efforts 
to manage energy demand by operational forces, which consume 
about three quarters of DoD energy, perhaps because no one 
is in charge. The lowest organizational level where all decisions 
that drive DoD energy use come together is the Deputy Sec-
retary of Defense, implying the need for a senior energy official, 
and oversight of the Department’s energy strategy and program 
by the Deputy’s Advisory Working Group (DAWG).’’. 
(4) Congress established the Director of Operational Energy 
Plans and Programs in section 139b of title 10, United States 
Code, to provide leadership, conduct oversight, and be account-
able for operational energy plans and programs in the Depart-
ment of Defense and the Army, Navy, Air Force, and Marine 
Corps. 
(5) Congress envisioned that the Director would have a 
direct line of communication with the Secretary of Defense 
and the Deputy Secretary of Defense, including participation 
in the Deputy’s Advisory Working Group. 
(6) The Department of Defense issued a statement that 
it ‘‘intends to establish this position as administratively 
reporting to the Under Secretary of Defense for Acquisition, 
Technology, and Logistics (USD(AT&L)), and this official would 
report directly to the Secretary of Defense on issues related 
to Operational Energy’’. 
(b) SENSE
OF CONGRESS.—It is the sense of Congress that 
the Director of Operational Energy Plans and Programs should 
report directly to the Secretary of Defense on issues related to 
operational energy and be included as a fully participating member 
of the Advisory Working Group of the Deputy Secretary of Defense. 
SEC. 904. INCREASED FLEXIBILITY FOR COMBATANT COMMANDER INI-
TIATIVE FUND. 
(a) INCREASE IN FUNDING LIMITATIONS.—Subparagraph (A) of 
section 166a(e)(1) of title 10, United States Code, is amended— 
(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 section 2245a of this title’’. 
(b) COORDINATION WITH RELEVANT CHIEF OF MISSION.—Para-
graph (6) of section 166a(b) of such title is amended by inserting 
after ‘‘assistance,’’ the following: ‘‘in coordination with the relevant 
chief of mission to the extent practicable,’’.
H. R. 2647—236 
SEC. 905. REPEAL OF REQUIREMENT FOR A DEPUTY UNDER SEC-
RETARY 
OF 
DEFENSE 
FOR 
TECHNOLOGY 
SECURITY 
POLICY WITHIN THE OFFICE OF THE UNDER SECRETARY 
OF DEFENSE 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 sections 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 RELATION-
SHIP FOR THE DEFENSE TECHNOLOGY SECURITY ADMINISTRATION.— 
The Secretary of Defense shall ensure that no covered action is 
taken until the expiration 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 ‘‘cov-
ered action’’ means— 
(1) the transfer of the Defense Technology Security 
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 Administration and the 
Under Secretary of Defense for Policy. 
SEC. 906. DEPUTY UNDER SECRETARIES OF DEFENSE AND ASSISTANT 
SECRETARIES OF DEFENSE. 
(a) DEPUTY UNDER SECRETARIES OF DEFENSE.— 
(1) IN GENERAL.—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 Defense. 
‘‘(2)(A) The Deputy Under Secretaries of Defense referred to 
in paragraphs (1) through (3) of subsection (c) shall be appointed 
as provided in the applicable paragraph. 
‘‘(B) The Deputy Under Secretaries of Defense referred to in 
paragraphs (4) and (5) of subsection (c) shall be appointed from 
civilian life by the President, by and with the advice and consent 
of the Senate. 
‘‘(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 Acquisition, Technology, 
and Logistics appointed pursuant to section 133a of this title. 
‘‘(2) One of the Deputy Under Secretaries is the Principal 
Deputy Under Secretary of Defense for Policy appointed pursuant 
to section 134a of this title.
H. R. 2647—237 
‘‘(3) One of the Deputy Under Secretaries is the Principal 
Deputy Under Secretary of Defense for Personnel and Readiness 
appointed pursuant to section 136a of this title. 
‘‘(4) One of the Deputy Under Secretaries shall be the Principal 
Deputy Under Secretary of Defense (Comptroller). 
‘‘(5) One of the Deputy Under Secretaries shall be the Principal 
Deputy Under Secretary of Defense for Intelligence. 
‘‘(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 depart-
ments, the Under Secretaries of Defense, and the Deputy Chief 
Management Officer of the Department of Defense.’’. 
(2) DELAYED LIMITATION ON NUMBER OF DEPUTY UNDER 
SECRETARIES OF DEFENSE.—Effective as of January 1, 2011, 
the five Deputy Under Secretaries of Defense authorized by 
section 137a of title 10, United States Code (as added by 
paragraph (1)), shall be the only Deputy Under Secretaries 
of Defense. 
(3) REPORT ON REVISED ORGANIZATIONAL STRUCTURE FOR 
OSD.—Not later than March 15, 2010, the Secretary of Defense 
shall submit to the Committees on Armed Services of the Senate 
and the House of Representatives a report setting forth a 
plan for the realignment of the organizational structure of 
the Office of the Secretary of Defense to comply with the 
requirement in paragraph (2). 
(b) ASSISTANT SECRETARIES OF DEFENSE.— 
(1) REDESIGNATION
OF
DEPUTY
UNDER
SECRETARY
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 Secretary’’ each place it appears 
and inserting ‘‘Assistant Secretary’’. 
(2) ADDITIONAL
ASSISTANT
SECRETARIES.—Section 138 of 
such title is amended— 
(A) by striking subsection (a) and inserting the fol-
lowing new subsection (a): 
‘‘(a)(1) There are 12 Assistant Secretaries of Defense. 
‘‘(2)(A) The Assistant Secretary of Defense referred to in sub-
section (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 following new para-
graphs: 
‘‘(6) One of the Assistant Secretaries shall be the Assistant 
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 Defense 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
H. R. 2647—238 
for Logistics and Materiel Readiness shall have the duties specified 
in section 138a of this title.’’. 
(c) CONFORMING AND CLERICAL AMENDMENTS.— 
(1) CONFORMING AMENDMENTS.— 
(A) Section 133a of such title is amended— 
(i) by striking ‘‘Deputy Under Secretary of Defense 
for Acquisition and Technology’’ each place it appears 
and inserting ‘‘Principal Deputy Under Secretary of 
Defense for Acquisition, Technology, and Logistics’’; 
and 
(ii) by striking ‘‘duties relating to acquisition 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 Deputy Under Secretary’’. 
(C) Section 136a of such title is amended by striking 
‘‘Deputy Under Secretary’’ each place it appears and 
inserting ‘‘Principal Deputy 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 Logistics’’. 
(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 trans-
ferred and redesignated by subsection (b)(1) of this section, 
is amended to read as follows: 
‘‘§ 138a. Assistant Secretary of Defense for Logistics and 
Materiel Readiness’’. 
(3) CLERICAL AMENDMENTS.—The table of sections 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 item relating to section 134a 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 Readiness.’’;
H. R. 2647—239 
(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 Acquisition and Technology and 
inserting the following new item: 
‘‘Principal Deputy Under Secretary of Defense for Acquisi-
tion, Technology, and Logistics.’’. 
(2) LEVEL IV.—Section 5315 of such title is amended— 
(A) by striking the item relating to the Assistant Secre-
taries of Defense and inserting the following new item: 
‘‘Assistant Secretaries of Defense (12).’’; and 
(B) by striking the items relating to the Deputy Under 
Secretary of Defense for Policy, the Deputy Under Secretary 
of Defense for Personnel 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 (Comp-
troller). 
‘‘Principal Deputy Under Secretary of Defense for Intel-
ligence.’’. 
(e) INAPPLICABILITY OF APPOINTMENT REQUIREMENTS TO CER-
TAIN INDIVIDUALS SERVING ON DATE OF ENACTMENT.— 
(1) IN GENERAL.—Notwithstanding the amendments made 
by this section, the individual serving in a position specified 
in paragraph (2) on the day before the date of the enactment 
of this Act may continue to serve in such position without 
the requirement for appointment by the President, by and 
with the advice and consent of the Senate, for a period of 
up to four years after the date of the enactment of this Act. 
(2) COVERED
POSITIONS.—The positions specified in this 
paragraph are the following: 
(A) The Principal Deputy Under Secretary of Defense 
(Comptroller). 
(B) The Principal Deputy Under Secretary of Defense 
for Intelligence. 
Subtitle B—Space Activities 
SEC. 911. SUBMISSION AND REVIEW OF SPACE SCIENCE AND TECH-
NOLOGY STRATEGY. 
(a) STRATEGY.— 
(1) DIRECTOR OF NATIONAL INTELLIGENCE.—Paragraph (1) 
of section 2272(a) of title 10, United States Code, is amended 
by striking ‘‘The Secretary of Defense shall develop’’ and
H. R. 2647—240 
inserting ‘‘The Secretary of Defense and the Director of National 
Intelligence shall jointly develop’’. 
(2) REQUIREMENTS.—Paragraph (2) of such section is 
amended by adding at the end the following new subparagraph: 
‘‘(D) The process for transitioning space science and tech-
nology programs to new or existing space acquisition pro-
grams.’’. 
(3) SUBMISSION TO CONGRESS.—Paragraph (5) of such sec-
tion is amended to read as follows: 
‘‘(5) The Secretary of Defense and the Director of National 
Intelligence shall biennially submit the strategy developed under 
paragraph (1) to the congressional defense committees every other 
year on the date on which the President submits to Congress 
the budget for the next fiscal year under section 1105 of title 
31.’’. 
(4) INITIAL REPORT.—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 para-
graph (3) of this subsection, shall be submitted on the date 
on which the President submits to Congress the budget for 
fiscal year 2012 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 technology strategy submitted 
under paragraph (5) of section 2272(a) of title 10, United States 
Code, as amended by subsection (a)(3) 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 and the Director of National 
Intelligence submit 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 sub-
section (a)(3) of this section, the Comptroller General shall 
submit to the congressional defense committees a report con-
taining the findings and assessment under paragraph (1). 
SEC. 912. 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 informa-
tion: provision to non-United States Government 
entities 
‘‘(a) AUTHORITY.—The Secretary of Defense may provide space 
situational awareness services and information 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 provide services 
and information under subsection (a) to, and may obtain data
H. R. 2647—241 
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 situa-
tional awareness services and information under subsection (a) 
to a non-United States Government entity unless that entity enters 
into an agreement with the Secretary 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 the analysis of data, 
to any other entity without the express approval of the Sec-
retary; and 
‘‘(3) agrees to any other terms and conditions considered 
necessary by the Secretary. 
‘‘(d) CHARGES.—(1) As a condition of an agreement under sub-
section (c), the Secretary may (except as provided in paragraph 
(2)) require the non-United States Government entity entering into 
the agreement to pay to the Department of Defense such amounts 
as the Secretary determines appropriate to reimburse the Depart-
ment 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 received for 
the provision of space situational awareness services 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 account cur-
rently available for the purposes for which the expenditures 
were made. 
‘‘(2) Funds credited under paragraph (1) shall be merged with, 
and remain available for obligation with, the funds in the appropria-
tion, fund, or account to which credited. 
‘‘(f) PROCEDURES.—The Secretary shall establish procedures 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 con-
tractor of the Department of Defense. 
‘‘(g) 
IMMUNITY.—The 
United 
States, 
any 
agencies 
and 
instrumentalities thereof, and any individuals, firms, corporations, 
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 situational awareness services 
or information, whether or not provided in accordance with this 
section, or any related action or omission. 
‘‘(h) NOTICE OF CONCERNS OF DISCLOSURE OF INFORMATION.— 
If the Secretary determines that a commercial or foreign entity 
has declined or is reluctant to provide data or information to the 
Secretary in accordance with this section due to the concerns of
H. R. 2647—242 
such entity about the potential disclosure of such data or informa-
tion, the Secretary shall, not later than 60 days after the Secretary 
makes that determination, provide notice to the congressional 
defense committees of the declination or reluctance of such entity.’’. 
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning 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. 913. MANAGEMENT AND FUNDING STRATEGY AND IMPLEMENTA-
TION PLAN FOR THE NATIONAL POLAR-ORBITING OPER-
ATIONAL ENVIRONMENTAL SATELLITE SYSTEM PROGRAM. 
(a) MANAGEMENT AND FUNDING STRATEGY.— 
(1) IN GENERAL.—The President shall develop a strategy 
for the management and funding of the National Polar-Orbiting 
Operational Environmental Satellite System Program (in this 
section referred to as the ‘‘Program’’) by the Department of 
Defense, the Department of Commerce, and the National Aero-
nautics and Space Administration. 
(2) ELEMENTS.—The strategy required under paragraph (1) 
shall include the following: 
(A) Requirements for the Program. 
(B) The management structure of the Program. 
(C) A funding profile for the Program for each year 
of the Program for the Department of Defense, the Depart-
ment of Commerce, and the National Aeronautics and 
Space Administration. 
(b) IMPLEMENTATION PLAN.—The President shall develop a plan 
to implement the strategy required under subsection (a)(1). 
(c) LIMITATION ON USE OF FUNDS.—Of the amounts authorized 
to be appropriated for fiscal year 2010 by section 201(a)(3) for 
research, development, test, and evaluation for the Air Force and 
available for the Program— 
(1) not more than 50 percent of such amounts may be 
obligated or expended before the date on which the strategy 
developed under subsection (a)(1) is submitted to the congres-
sional defense committees, the Committee on Commerce, 
Science, and Transportation of the Senate, and the Committee 
on Science and Technology of the House of Representatives; 
and 
(2) not more than 75 percent of such amounts may be 
obligated or expended before the date on which the plan devel-
oped under subsection (c) is submitted to the congressional 
defense committees, the Committee on Commerce, Science, and 
Transportation of the Senate, and the Committee on Science 
and Technology of the House of Representatives. 
(d) SENSE
OF CONGRESS.—It is the sense of Congress that 
once all requirements for the Program are fully agreed to by the 
Secretary of Defense, the Secretary of Commerce, and the Adminis-
trator of the National Aeronautics and Space Administration, the 
Program should be executed with no modifications to those require-
ments that would increase the cost, or extend the schedule, of 
the Program.
H. R. 2647—243 
Subtitle C—Intelligence-Related Matters 
SEC. 921. INCLUSION OF DEFENSE INTELLIGENCE AGENCY IN 
AUTHORITY TO USE PROCEEDS FROM COUNTERINTEL-
LIGENCE OPERATIONS. 
(a) IN GENERAL.—Section 423 of title 10, United States Code, 
is amended by inserting ‘‘or the Defense Intelligence 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 counterintelligence 
operations of the military departments or the 
Defense Intelligence Agency’’. 
(2) TABLE OF SECTIONS.—The table of sections at the begin-
ning of chapter 21 of such title is amended by striking the 
item relating to section 423 and inserting the following new 
item: 
‘‘423. Authority to use proceeds from counterintelligence operations of the military 
departments or the Defense Intelligence Agency.’’. 
SEC. 922. PLAN TO ADDRESS FOREIGN BALLISTIC MISSILE INTEL-
LIGENCE ANALYSIS. 
(a) ASSESSMENT AND PLAN.—The Secretary of Defense, in con-
sultation with the Director of National Intelligence, shall— 
(1) conduct an assessment of foreign ballistic missile intel-
ligence analytic gaps and shortfalls; and 
(2) develop a plan to ensure that the appropriate intel-
ligence centers have sufficient analytical capabilities to address 
such gaps and shortfalls. 
(b) REPORT.—Not later than February 28, 2010, the Secretary 
of Defense shall submit to the congressional defense committees, 
the Permanent Select Committee on Intelligence of the House of 
Representatives, and the Select Committee on Intelligence of the 
Senate a report containing— 
(1) the results of the assessment conducted under sub-
section (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 classified annex. 
Subtitle D—Other Matters 
SEC. 931. IMPLEMENTATION STRATEGY FOR DEVELOPING LEAP- 
AHEAD CYBER OPERATIONS CAPABILITIES. 
(a) STRATEGY REPORT REQUIRED.—Not later than March 1, 
2010, the Under Secretary of Defense for Acquisition, Technology, 
and Logistics shall submit to the congressional defense committees 
a report on a strategy for organizing the research and development 
bodies of the Department of Defense to develop leap-ahead cyber 
operations capabilities.
H. R. 2647—244 
(b) ELEMENTS.—The report required by subsection (a) shall 
address the following: 
(1) A description of the management structure and invest-
ment review process for coordinating the technology develop-
ment of advanced offensive and defensive cyber operations 
capabilities— 
(A) among the military departments, the Defense Agen-
cies, the combatant commands, and the intelligence commu-
nity; 
(B) across all levels of classification, including relevant 
special access programs; and 
(C) based on the identification and prioritization of 
joint cyber operations capabilities gaps. 
(2) Actions taken and recommendations for further 
improving the coordination of research and development of 
offensive and defensive cyber operations capabilities among 
private sector, interagency, non-governmental, and inter-
national partners. 
(3) Assessment of the feasibility and utility of regular 
national level, joint, interagency cyber exercises that would 
include, to the extent possible, participants from industry, inter-
national militaries, and non-governmental organizations to 
assess technologies, policies, and capabilities. 
(c) COORDINATION.—The report required by subsection (a) shall 
be developed in coordination and concurrence with the Vice Chair-
man of the Joint Chiefs of Staff, the Under Secretary of Defense 
for Intelligence, the Under Secretary of Defense for Policy, the 
Assistant Secretary of Defense for Networks and Information 
Integration, the Director of the National Security Agency, and the 
commander of the United States Cyber Command. 
(d) FORM.—The report required by subsection (a) shall be sub-
mitted in unclassified form, but may include a classified annex. 
(e) CYBER
OPERATIONS
CAPABILITIES
DEFINED.—The term 
‘‘cyber operations capabilities’’ means the range of capabilities 
needed for computer network defense, computer network attack, 
and computer network exploitations. Such term includes technical 
as well as non-materiel solutions. 
SEC. 932. DEFENSE INTEGRATED MILITARY HUMAN RESOURCES 
SYSTEM DEVELOPMENT AND TRANSITION. 
(a) IN GENERAL.—The Secretary of Defense shall establish a 
Defense Integrated Military Human Resources System development 
and transition Council to provide advice to the Secretary of Defense 
and the Secretaries of the military departments on the moderniza-
tion of the integrated pay and personnel system for each military 
department and the collection of data generated by each such 
system into the enterprise information warehouse. 
(b) COUNCIL.—The Council shall include the following members: 
(1) The Deputy Chief Management Officer of the Depart-
ment of Defense. 
(2) The Director of the Business Transformation Agency. 
(3) The Under Secretary of Defense for Acquisition, Tech-
nology, and Logistics, or a designated representative. 
(4) The Under Secretary of Defense for Personnel and 
Readiness, or a designated representative.
H. R. 2647—245 
(5) One representative from each of the Army, Navy, Air 
Force, and Marine Corps who is a lieutenant general or vice 
admiral, or a civilian equivalent. 
(6) One representative of the National Guard Bureau who 
is a lieutenant general or vice admiral, or a civilian equivalent. 
(7) The Assistant Secretary of Defense for Networks and 
Information Integration, or a designated representative. 
(8) The Director of Operational Test and Evaluation, or 
a designated representative. 
(9) Such other individuals as may be designated by the 
Deputy Secretary of Defense, acting in the Deputy Secretary’s 
capacity as the Chief Management Officer. 
(c) MEETINGS.—The Council shall meet not less than twice 
a year, or more often as specified by the Deputy Secretary of 
Defense. 
(d) DUTIES.—The Council shall have the following responsibil-
ities: 
(1) Resolution of significant policy, programmatic, or budg-
etary issues impeding modernization or deployment of 
integrated personnel and pay systems for each military depart-
ment, including issues relating to— 
(A) common interfaces, architectures, and systems 
engineering; 
(B) ensuring that developmental systems are consistent 
with current and future enterprise accounting and pay 
and personnel standards and practices; and 
(C) ensuring that developmental systems are consistent 
with current and future Department of Defense business 
enterprise architecture. 
(2) Coordination of implementation of the integrated per-
sonnel and pay system within defense organizations to ensure 
interoperability between all appropriate elements of the system. 
(3) Establishment of metrics to assess the following: 
(A) Business process re-engineering needed for success-
ful deployment of the integrated pay and personnel system. 
(B) Interoperability between legacy, operational, and 
developmental pay and personnel systems. 
(C) Interface and systems architecture control and 
standardization. 
(D) Retirement of legacy systems. 
(E) Use of the enterprise information warehouse. 
(F) Any other relevant matters. 
(4) Such other responsibilities as the Secretary determines 
are appropriate. 
(e) TERMINATION.—This section shall not be in effect after Sep-
tember 30, 2013. 
(f) REPORT.—Not later than March 1, 2010, the Secretary of 
Defense shall submit to the congressional defense committees a 
report on actions taken pursuant to this section. 
SEC. 933. REPORT ON SPECIAL OPERATIONS COMMAND ORGANIZA-
TION, MANNING, AND MANAGEMENT. 
(a) REPORT REQUIRED.—Not later than 120 days after the date 
of the enactment of this Act, the Commander of the United States 
Special Operations Command shall prepare and submit to the Sec-
retary of Defense a report and recommendations, in accordance
H. R. 2647—246 
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 fiscal year 2010 
military and civilian end strength levels 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 operations forces component com-
mand headquarters over the same time period, both actual 
and authorized. 
(3) A summary and assessment that identifies the 
resourcing, in terms of manning, training, equipping, and 
funding, that the United States Special Operations Command 
provides to each of the theater special operations commands 
under the geographical combatant commands and a summary 
of personnel specialties assigned to each such command. 
(4) Options and recommendations for reducing staffing 
levels at special operations command headquarters by 5 and 
10 percent, respectively, and an assessment of the opportunity 
costs and management 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. 
(7) An assessment of the resourcing requirements to estab-
lish capability similar to the cultural engagement group capa-
bility at the other theater special operations command locations. 
(8) A review and assessment for improving the relationship 
between the United States 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 Department of 
Defense executive agent support to the United States Special 
Operations Command and its subordinate components, as well 
as commentary about proposals to use the same executive agent 
throughout the special operations community. 
(10) An updated assessment on the specific proposal to 
provide executive agent support from the Defense Logistics 
Agency for the United States Special Operations Command. 
(11) A recommendation and plan for including international 
development and conflict prevention representatives as partici-
pants in the Interagency Task Force process. 
(c) SUBMISSION
OF
REPORT
AND
RECOMMENDATIONS
TO 
CONGRESSIONAL DEFENSE COMMITTEES.—Not later than 30 days 
after the date of the submission of the report and recommendations 
required under subsection (a) by the Commander of the United 
States Special Operations Command, the Secretary of Defense shall 
forward the report and recommendations to the congressional 
defense committees, together with such additional comments as 
the Secretary considers appropriate.
H. R. 2647—247 
SEC. 934. STUDY ON THE RECRUITMENT, RETENTION, AND CAREER 
PROGRESSION OF UNIFORMED AND CIVILIAN MILITARY 
CYBER OPERATIONS PERSONNEL. 
(a) REPORT.—Not later than one year after the date of the 
enactment of this Act, the Secretary of Defense shall submit to 
the congressional defense committees a report assessing the chal-
lenges to retention and professional development of cyber operations 
personnel within the Department of Defense. 
(b) MATTERS TO BE ADDRESSED.—The assessment by the Sec-
retary 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 and the avail-
ability of personnel with expertise in matters related to cyber 
operations from outside of the Department of Defense. 
(2) The definition and coherence of career fields for both 
members of the Armed Forces and civilian employees of the 
Department of Defense, including the sufficiency of training 
and experience levels required, and measures to improve them 
if necessary. 
(3) The types of recruitment and retention incentives avail-
able to members of the Armed Forces and civilian employees 
of the Department of Defense. 
(4) Identification of legal, policy, or administrative impedi-
ments to attracting and retaining cyber operations personnel. 
(5) The standards used by the Department of Defense to 
measure effectiveness at recruiting, retaining, and ensuring 
an adequate career progression for cyber operations personnel. 
(6) The effectiveness of educational and outreach activities 
used to attract, retain, and reward cyber operations personnel, 
including how to expand outreach to academic institutions and 
improve coordination with other civilian agencies and industrial 
partners. 
(7) The management of educational and outreach activities 
used to attract, retain, and reward cyber operations personnel, 
such as the National Centers of Academic Excellence in 
Information Assurance Education. 
(8) Efforts to establish public-private partnerships to meet 
the needs of the Department with respect to cyber operations 
personnel and training. 
(9) Recommendations for legislative changes necessary to 
increase the availability of cyber operations personnel. 
(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 net-
work connected to the global information grid, as well as offensive, 
defensive, and exploitation functions of such a network. 
SEC. 935. PLAN ON ACCESS TO NATIONAL AIRSPACE FOR UNMANNED 
AIRCRAFT SYSTEMS. 
(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 expanded 
access to the national airspace for unmanned aircraft systems of 
the Department of Defense.
H. R. 2647—248 
(b) ELEMENTS.—The plan required by subsection (a) shall 
include the following: 
(1) A description of how the Department of Defense and 
the Department of Transportation will communicate and 
cooperate, at the executive, management, and action levels, 
to provide expanded access to the national airspace for 
unmanned aircraft systems of the Department of Defense. 
(2) Specific milestones, taking into account the operational 
and training needs of the Department of Defense and the 
safety and air traffic management needs of the Department 
of Transportation, for providing expanded access to the national 
airspace for unmanned aircraft systems and a transition plan 
for sites programmed to be activated as unmanned aerial 
system sites during fiscal years 2010 through 2015. 
(3) Recommendations for policies with respect to use of 
the national airspace, flight standards, and operating proce-
dures that should be implemented by the Department of 
Defense and the Department of Transportation to accommodate 
unmanned aircraft systems assigned to any State or territory 
of the United States. 
(4) An identification of resources required by the Depart-
ment of Defense and the Department of Transportation to exe-
cute 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 a report containing the plan required 
by subsection (a) to the following committees: 
(1) The congressional defense committees. 
(2) The Committee on Commerce, Science, and Transpor-
tation of the Senate and the Committee on Transportation 
and Infrastructure of the House of Representatives. 
(3) The Committee on Homeland Security and Government 
Affairs of the Senate and the Committee on Homeland Security 
of the House of Representatives. 
TITLE X—GENERAL PROVISIONS 
Subtitle A—Financial Matters 
Sec. 1001. General transfer authority. 
Sec. 1002. Relationship of the quadrennial defense review and the annual budget 
request. 
Sec. 1003. Audit readiness of financial statements of the Department of Defense. 
Subtitle B—Counter-Drug Activities 
Sec. 1011. Unified counter-drug and counterterrorism campaign in Colombia. 
Sec. 1012. Joint task forces support to law enforcement agencies conducting 
counter-terrorism activities. 
Sec. 1013. Reporting requirement on expenditures to support foreign counter-drug 
activities. 
Sec. 1014. Support for counter-drug activities of certain foreign governments. 
Sec. 1015. Border coordination centers in Afghanistan and Pakistan. 
Sec. 1016. Comptroller General report on effectiveness of accountability measures 
for assistance from counter-narcotics central transfer account. 
Subtitle C—Naval Vessels and Shipyards 
Sec. 1021. Sense of Congress on the maintenance of a 313-ship Navy. 
Sec. 1022. Designation of U.S.S. Constitution as America’s Ship of State. 
Sec. 1023. Temporary reduction in minimum number of operational aircraft car-
riers. 
Sec. 1024. Sense of Congress concerning the disposition of Submarine NR–1.
H. R. 2647—249 
Subtitle D—Miscellaneous Requirements, Authorities, and Limitations 
Sec. 1031. Prohibition relating to propaganda. 
Sec. 1032. Responsibility for preparation of biennial global positioning system re-
port. 
Sec. 1033. Reports on bandwidth requirements for major defense acquisition pro-
grams and major system acquisition programs. 
Sec. 1034. Additional duties for advisory panel on Department of Defense capabili-
ties for support of civil authorities after certain incidents. 
Sec. 1035. Charter for the National Reconnaissance Office. 
Sec. 1036. National strategic five-year plan for improving the nuclear forensic and 
attribution capabilities of the United States. 
Sec. 1037. Authorization of appropriations for payments to Portuguese nationals 
employed by the Department of Defense. 
Sec. 1038. Prohibition on interrogation of detainees by contractor personnel. 
Sec. 1039. Notification and access of International Committee of the Red Cross 
with respect to detainees at Theater Internment Facility at Bagram Air 
Base, Afghanistan. 
Sec. 1040. No Miranda Warnings for Al Qaeda Terrorists. 
Sec. 1041. Limitation on use of funds for the transfer or release of individuals de-
tained at United States Naval Station, Guantanamo Bay, Cuba. 
Sec. 1042. Additional subpoena authority for the Inspector General of the Depart-
ment of Defense. 
Sec. 1043. Limitations on modifications of certain Government furnished equip-
ment; one-time authority to transfer certain military prototype. 
Subtitle E—Studies and Reports 
Sec. 1051. Report on statutory compliance of the report on the 2009 quadrennial 
defense review. 
Sec. 1052. Report on the force structure findings of the 2009 quadrennial defense 
review. 
Sec. 1053. Annual report on the electronic warfare strategy of the Department of 
Defense. 
Sec. 1054. Study on a system for career development and management of inter-
agency national security professionals. 
Sec. 1055. Report on nuclear aspirations of non-state entities, nuclear weapons and 
related programs in non-nuclear-weapons states and countries not par-
ties to the Nuclear Non-Proliferation Treaty, and certain foreign per-
sons. 
Sec. 1056. Comptroller General review of Department of Defense spending in final 
fiscal quarters. 
Sec. 1057. Report on Air America. 
Sec. 1058. Report on defense travel simplification. 
Sec. 1059. Report on modeling and simulation technological and industrial base. 
Sec. 1060. Report on enabling capabilities for special operations forces. 
Sec. 1061. Additional members and duties for the independent panel to assess the 
quadrennial defense review. 
Sec. 1062. Congressional earmarks relating to the Department of Defense. 
Sec. 1063. Report on basing plans for certain United States geographic combatant 
commands. 
Subtitle F—Other Matters 
Sec. 1071. Extension of certain authority for making rewards for combating ter-
rorism. 
Sec. 1072. Business process reengineering. 
Sec. 1073. Technical and clerical amendments. 
Sec. 1074. Extension of sunset for congressional commission on the strategic pos-
ture of the United States. 
Sec. 1075. Combat air forces restructuring. 
Sec. 1076. Sense of Congress regarding carrier air wing force structure. 
Sec. 1077. Department of Veterans Affairs use of service dogs for the treatment or 
rehabilitation of veterans with physical or mental injuries or disabil-
ities. 
Sec. 1078. Plan for sustainment of land-based solid rocket motor industrial base. 
Sec. 1079. Justice for victims of torture and terrorism. 
Sec. 1080. Requirement for videotaping or otherwise electronically recording stra-
tegic intelligence interrogations of persons in the custody of or under the 
effective control of the Department of Defense. 
Sec. 1081. Modification of pilot program on commercial fee-for-service air refueling 
support for the air force. 
Sec. 1082. Multiyear contracts under pilot program on commercial fee-for-service 
air refueling support for the Air Force.
H. R. 2647—250 
Sec. 1083. Disclosure of names of students and instructors at Western Hemisphere 
Institute for Security Cooperation. 
Sec. 1084. Sense of Congress regarding the Western Hemisphere Institute for Secu-
rity Cooperation. 
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 Department of Defense in this division for 
fiscal year 2010 between any such authorizations for that fiscal 
year (or any subdivisions thereof). Amounts of authorizations 
so transferred shall be merged with and be available for the 
same purposes as the authorization to which transferred. 
(2) LIMITATION.—Except as provided in paragraph (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
MILITARY
PER-
SONNEL 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 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 Congress. 
(c) EFFECT
ON AUTHORIZATION AMOUNTS.—A transfer made 
from one account to another under the authority 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 transferred. 
(d) NOTICE TO CONGRESS.—The Secretary shall promptly notify 
Congress of each transfer made under subsection (a). 
SEC. 1002. RELATIONSHIP OF THE QUADRENNIAL DEFENSE REVIEW 
AND THE ANNUAL BUDGET REQUEST. 
Section 118 of title 10, United States Code, is amended by 
adding at the end the following new subsection: 
‘‘(h) RELATIONSHIP TO BUDGET.—Nothing in this section shall 
be construed to affect section 1105(a) of title 31.’’. 
SEC. 1003. AUDIT READINESS OF FINANCIAL STATEMENTS OF THE 
DEPARTMENT OF DEFENSE. 
(a) FINANCIAL IMPROVEMENT AUDIT READINESS PLAN.— 
(1) IN GENERAL.—The Chief Management Officer of the 
Department of Defense shall, in consultation with the Under 
Secretary of Defense (Comptroller), develop and maintain a 
plan to be known as the ‘‘Financial Improvement and Audit 
Readiness Plan’’. 
(2) ELEMENTS.—The plan required by paragraph (1) shall— 
(A) describe specific actions to be taken and the costs 
associated with—
H. R. 2647—251 
(i) correcting the financial management defi-
ciencies that impair the ability of the Department of 
Defense to prepare timely, reliable, and complete finan-
cial management information; and 
(ii) ensuring the financial statements of the 
Department of Defense are validated as ready for audit 
by not later than September 30, 2017; 
(B) systematically tie the actions described under 
subparagraph (A) to process and control improvements and 
business systems modernization efforts described in the 
business enterprise architecture and transition plan 
required by section 2222 of title 10, United States Code; 
(C) prioritize— 
(i) improving the budgetary information of the 
Department of Defense, in order to achieve an unquali-
fied audit opinion on the Department’s statements of 
budgetary resources; and 
(ii) as a secondary goal, improving the accuracy 
and reliability of management information on the 
Department’s mission-critical assets (military and gen-
eral equipment, real property, inventory, and operating 
materials and supplies) and validating its accuracy 
through existence and completeness audits; and 
(D) include interim goals, including— 
(i) the objective of ensuring that the financial state-
ment of each of the Department of the Army, the 
Department of the Navy, the Department of the Air 
Force, and the Defense Logistics Agency is validated 
as ready for audit: and 
(ii) a schedule setting forth milestones for elements 
of the military departments and financial statements 
of the military departments to be made ready for audit 
as part of the progress required to meet the objectives 
established pursuant to clause (i) of this subparagraph 
and clause (ii) of subparagraph (A) of this paragraph. 
(b) SEMI-ANNUAL REPORTS ON FINANCIAL IMPROVEMENT AND 
AUDIT READINESS PLAN.— 
(1) IN GENERAL.—Not later than May 15 and November 
15 each year, the Under Secretary of Defense (Comptroller) 
shall submit to the congressional defense committees a report 
on the status of the implementation by the Department of 
Defense of the Financial Improvement and Audit Readiness 
Plan required by subsection (a). 
(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 sub-
section (a)(2)(A), including progress toward achieving the 
interim goals and milestone schedule established pursuant 
to subsection (a)(2)(D); and 
(B) a description of any impediments identified in the 
efforts of the Department to meet such objectives, and 
of the actions the Department 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
H. R. 2647—252 
elements required by paragraph (2), the actions taken or to 
be taken by the Department as follows: 
(A) To develop standardized guidance for financial 
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 toward addressing finan-
cial management deficiencies. 
(D) To define the oversight roles of the Chief Manage-
ment Officer of the Department of Defense, the chief 
management officers of the military departments, and other 
appropriate elements of the Department to ensure that 
the requirements of the Financial Improvement and Audit 
Readiness Plan are carried out. 
(E) To assign accountability for carrying out specific 
elements of the Financial Improvement and Audit Readi-
ness Plan to appropriate officials and organizations at the 
component level of the Department. 
(F) To develop mechanisms to track budgets and 
expenditures for the implementation of the requirements 
of the Financial Improvement and Audit Readiness Plan. 
(G) To develop a mechanism to conduct audits of the 
military intelligence programs and agencies and to submit 
audited financial statements for such agencies to Congress 
in a classified manner. 
(c) RELATIONSHIP TO EXISTING LAW.—The requirements of this 
section shall be implemented in a manner that is consistent with 
the requirements of section 1008 of the National Defense Authoriza-
tion Act for Fiscal Year 2002 (Public Law 107–107; 115 Stat. 1204; 
10 U.S.C. 2222 note). 
Subtitle B—Counter-Drug Activities 
SEC. 1011. UNIFIED COUNTER-DRUG AND COUNTERTERRORISM CAM-
PAIGN 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’’. 
SEC. 1012. JOINT TASK FORCES SUPPORT TO LAW ENFORCEMENT 
AGENCIES CONDUCTING COUNTER-TERRORISM ACTIVI-
TIES. 
(a) EXTENSION OF AUTHORITY.—Section 1022(b) of the National 
Defense Authorization 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 Authorization Act 
for Fiscal Year 2009 (Public Law 110–417; 122 Stat. 4586), is 
further amended by striking ‘‘2009’’ and inserting ‘‘2010’’.
H. R. 2647—253 
(b) ANNUAL REPORT.—Subsection (c) of section 1022 of the 
National Defense Authorization Act for Fiscal Year 2004 (10 U.S.C. 
371 note) 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 Congress 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 provide counterterrorism 
support authorized by subsection (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.’’. 
SEC. 1013. REPORTING REQUIREMENT ON EXPENDITURES TO SUP-
PORT 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 Year 2009 (Public Law 110–417; 122 
Stat. 4586), is further amended by striking ‘‘April 15, 2006’’ and 
all that follows through ‘‘February 15, 2009’’ and inserting ‘‘Feb-
ruary 15, 2010’’. 
SEC. 1014. SUPPORT FOR COUNTER-DRUG ACTIVITIES OF CERTAIN 
FOREIGN GOVERNMENTS. 
(a) IN GENERAL.—Subsection (a)(2) section 1033 of the National 
Defense Authorization Act for Fiscal Year 1998 (Public Law 105– 
85; 111 Stat. 1881), as most recently 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 amended 
by striking ‘‘2009’’ and inserting ‘‘2010’’. 
(b) MAXIMUM AMOUNT OF SUPPORT.—Subsection (e)(2) of such 
section is amended by striking ‘‘fiscal year 2009’’ and inserting 
‘‘either of fiscal years 2009 and 2010’’. 
(c) CONDITIONS ON PROVISION OF SUPPORT.—Subsection (f)(2) 
of such section is amended in the matter preceding 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 to a government’’. 
SEC. 1015. BORDER COORDINATION CENTERS IN AFGHANISTAN AND 
PAKISTAN. 
(a) PROHIBITION
ON USE
OF COUNTER-NARCOTIC ASSISTANCE 
FOR BORDER COORDINATION CENTERS.—
H. R. 2647—254 
(1) PROHIBITION.—Amounts available for drug interdiction 
and counter-drug activities of the Department of Defense may 
not be expended for the construction, expansion, repair, or 
operation and maintenance of any existing or proposed border 
coordination center. 
(2) RULE OF CONSTRUCTION.—Paragraph (1) does not pro-
hibit or limit the use of other funds available to the Department 
of Defense to construct, expand, repair, or operate and maintain 
border coordination centers. 
(b) LIMITATION ON ESTABLISHMENT OF ADDITIONAL CENTERS.— 
(1) LIMITATION.—The Secretary of Defense may not 
authorize the establishment, or any construction in connection 
with the establishment, of a third border coordination center 
in the area of operations of Regional Command–East in the 
Islamic Republic of Afghanistan until a border coordination 
center has been constructed, or is under construction, in 
either— 
(A) the area of operations of Regional Command–South 
in the Islamic Republic of Afghanistan; or 
(B) Baluchistan in the Islamic Republic of Pakistan. 
(2) NATIONAL SECURITY WAIVER.—The Secretary may waive 
the limitation under paragraph (1) if the Secretary determines 
that such a waiver is vital to the national security interests 
of the United States. The Secretary shall promptly submit 
to Congress notice in writing of any waiver under this para-
graph. 
(c) BORDER COORDINATION CENTER DEFINED.—In this section, 
the term ‘‘border coordination center’’ means a 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 Islamic Republic of Pakistan. 
SEC. 1016. COMPTROLLER GENERAL REPORT ON EFFECTIVENESS OF 
ACCOUNTABILITY MEASURES FOR ASSISTANCE FROM 
COUNTER-NARCOTICS CENTRAL TRANSFER ACCOUNT. 
(a) REPORT REQUIRED.—Not later than 180 days after the date 
of the enactment of this Act, the Comptroller General shall submit 
to the congressional defense committees a report on the performance 
evaluation system used by the Secretary of Defense to assess the 
effectiveness of assistance provided for foreign nations to achieve 
the counter-narcotics objectives of the Department of Defense. 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 determine the efficiency 
and effectiveness of counter-narcotics assistance provided by 
the Department of Defense to foreign nations. 
(2) An assessment of the ability of the performance evalua-
tion system to accurately measure the efficiency and effective-
ness of such counter-narcotics assistance. 
(3) Detailed recommendations on how to improve the 
capacity of the performance evaluation system for the counter- 
narcotics central transfer account.
H. R. 2647—255 
Subtitle C—Naval Vessels and Shipyards 
SEC. 1021. SENSE OF CONGRESS ON THE MAINTENANCE OF A 313- 
SHIP NAVY. 
(a) FINDINGS.—Congress makes the following findings: 
(1) The Department of the Navy has a stated requirement 
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 condition 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 exhibited to date in pro-
ceeding from one stage of the acquisition cycle to the next 
before a ship program has achieved a level of maturity that 
significantly lowers the risk of cost growth and schedule slip-
page. 
(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 develop and field next-generation capabili-
ties 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, including emphasizing 
common hull designs, open architecture combat systems, and 
other common ship systems in order to achieve efficiency in 
acquiring and supporting 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 effi-
ciency, including— 
(A) greater use of fixed-price contracts; 
(B) maximizing competition (or the option of competi-
tion) throughout the life cycle of its ships; 
(C) entering into multi-year contracts when warranted; 
and 
(D) employing an incremental approach to developing 
new technologies. 
(b) SENSE OF CONGRESS.—It is the sense of Congress that— 
(1) the Navy should meet its requirement for a 313-ship 
fleet until such time that modifications to the Navy’s ship 
fleet force structure are warranted, and the Secretary of the 
Navy provides Congress with a justification of any proposed 
modifications, supported by rigorous and sufficient warfighting 
analysis; 
(2) the Navy should take greater care to achieve the full 
planned service life of existing ships and reduce the incidence 
of early ship decommissioning;
H. R. 2647—256 
(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. 1022. DESIGNATION OF U.S.S. CONSTITUTION AS AMERICA’S SHIP 
OF STATE. 
(a) FINDINGS.—Congress makes the following findings: 
(1) In the Act entitled ‘‘An Act to Provide a Naval 
Armament’’, approved on March 27, 1794 (1 Stat. 350, Chap. 
XII), the 3rd Congress authorized 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, Massachu-
setts, between 1794 and 1797, and is the only one of the 
original six ships to survive. 
(3) President George Washington named this frigate ‘‘Con-
stitution’’ 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 the H.M.S. 
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 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 Constitution had 
already been adopted as a symbol of the young Republic, as 
attested by the [Washington] National Intelligencer which pro-
claimed, ‘‘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 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.
H. R. 2647—257 
(12) On April 25, 1860, ‘‘Old Ironsides’’ evacuated the mid-
shipmen of the United States Naval Academy from Annapolis, 
Maryland, to Newport, Rhode Island, preventing the young 
officers and the esteemed ship from falling into Confederate 
hands. 
(13) In 1896, Congressman John F. ‘‘Honey Fitz’’ Fitzgerald 
introduced legislation to return ‘‘Old Ironsides’’ from the Ports-
mouth Naval Shipyard in New Hampshire, 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 Ameri-
cans gained inspiration, at the depth of the Great Depression, 
by going aboard ‘‘Old Ironsides’’ 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 and appropriate commissions 
four other historic ships then on the Navy inventory, and 
to repair and equip the U.S.S. Constitution, as much as prac-
ticable, to her original condition, but not for active service. 
(17) Queen Elizabeth II paid a formal visit to the 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 bicenten-
nial, 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 commissioned 
warship afloat in the world. 
(20) The U.S.S. Constitution is a national historic land-
mark. 
(21) The U.S.S. Constitution continues to perform official, 
ceremonial duties, including in recent years hosting a congres-
sional dinner honoring the late Senator John Chafee of Rhode 
Island, a special salute for the dedication of the John Moakley 
Federal Courthouse, a luncheon honoring British Ambassador 
Sir David Manning, and a special underway demonstration 
during which 60 Medal of Honor recipients each received a 
personal Medal of Honor flag. 
(22) The U.S.S. Constitution celebrated on October 21, 
2007, the 210th anniversary of her launching. 
(23) The U.S.S. Constitution will remain a commissioned 
ship in the United States Navy, with the Navy retaining control 
of the ship, its material condition, 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 des-
ignated 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’’.
H. R. 2647—258 
(3) SENSE OF CONGRESS.—It is the sense of Congress that 
the President, Vice President, executive branch officials, and 
members of Congress should use the U.S.S. Constitution for 
the conducting of pertinent matters of state, such as hosting 
visiting heads of state, signing legislation relating to the Armed 
Forces, and signing maritime related treaties. 
(4) FEE OR REIMBURSEMENT STRUCTURE FOR NON-DEPART-
MENT
OF
THE
NAVY
USE.—The Secretary of the Navy shall 
determine an appropriate fee or reimbursement structure for 
any non-Department of the Navy entities using the U.S.S. 
Constitution for Ship of State purposes. 
SEC. 1023. TEMPORARY REDUCTION IN MINIMUM NUMBER OF OPER-
ATIONAL 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) sched-
uled, as of the date of the enactment 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 
operational aircraft carriers in the naval combat forces of the Navy 
may be 10. 
(b) EVALUATION AND REPORT.— 
(1) EVALUATION.—During fiscal year 2012, the Chairman 
of the Joint Chiefs of Staff, in coordination with the com-
manders of the combatant commands, shall evaluate the 
required postures and capabilities of each of the combatant 
commands to assess the level of increased risk that could result 
due to a temporary reduction in the total number of operational 
aircraft carriers following the inactivation of the U.S.S. Enter-
prise (CVN–65). 
(2) REPORT TO CONGRESS.—Together with the budget mate-
rials submitted to Congress by the Secretary of Defense in 
support of the President’s budget for fiscal year 2013, the 
Secretary of Defense shall submit to the congressional defense 
committees a report containing the findings of the evaluation 
conducted pursuant to paragraph (1), and the basis for each 
such finding. 
SEC. 1024. SENSE OF CONGRESS CONCERNING THE DISPOSITION OF 
SUBMARINE NR–1. 
(a) FINDINGS.—Congress makes the following findings: 
(1) The Deep Submergence Vessel NR–1 (hereinafter in 
this section referred to as ‘‘NR–1’’) was built by the Electric 
Boat Company in Groton, Connecticut, entered service in 1969, 
and was the only nuclear-powered research submersible in 
the United States Navy. 
(2) NR–1 was assigned to Naval Submarine Base New 
London, located in Groton, Connecticut, throughout her entire 
service life. 
(3) NR–1 was inactivated in December 2008. 
(4) Due to the unique capabilities of NR–1, it conducted 
numerous missions of significant military and scientific value 
most notably in the fields of geological survey and oceano-
graphic research. 
(5) In 1986, NR–1 played a key role in the search for 
and recovery of the Space Shuttle Challenger.
H. R. 2647—259 
(6) The mission of the Submarine Force Library and 
Museum in Groton, Connecticut, is to collect, preserve, and 
interpret the history of the United States Naval Submarine 
Force in order to honor veterans and to educate naval personnel 
and the public in the heritage and traditions of the Submarine 
Force. 
(7) NR–1 is a unique and irreplaceable part of the history 
of the Navy and the Submarine Force and an educational 
and historical asset that should be shared with the Nation 
and the world. 
(b) SENSE OF CONGRESS.—It is the sense of Congress that— 
(1) NR–1 is a unique and irreplaceable part of the Nation’s 
history and as much of the vessel as possible should be pre-
served for the historical and educational benefit of all Ameri-
cans at the Submarine Force Library and Museum in Groton, 
Connecticut; and 
(2) the Secretary of the Navy should ensure that as much 
of the vessel as possible, including unique components of on- 
board equipment and clearly recognizable sections of the hull 
and superstructure, to the full extent practicable, are made 
available for transfer to the Submarine Force Library and 
Museum. 
Subtitle D—Miscellaneous Requirements, 
Authorities, and Limitations 
SEC. 1031. PROHIBITION RELATING TO PROPAGANDA. 
(a) IN GENERAL.— 
(1) PROHIBITION.—Chapter 134 of title 10, United States 
Code, is amended by inserting after section 2241 the following 
new section: 
‘‘§ 2241a. Prohibition on use of funds for publicity or propa-
ganda purposes within the United States 
‘‘Funds available to the Department of Defense may not be 
obligated or expended for publicity or propaganda purposes within 
the United States not otherwise specifically authorized by law.’’. 
(2) CLERICAL AMENDMENT.—The table of sections at the 
beginning of subchapter I of such chapter is amended by adding 
at the end the following new item: 
‘‘2241a. Prohibition on use of funds for publicity or propaganda purposes within the 
United States.’’. 
(b) EFFECTIVE DATE.—Section 2241a of title 10, United States 
Code, as added by subsection (a), shall take effect on October 
1, 2009, or the date of the enactment of this Act, whichever is 
later. 
SEC. 1032. RESPONSIBILITY FOR PREPARATION OF BIENNIAL GLOBAL 
POSITIONING SYSTEM REPORT. 
(a) IN GENERAL.—Section 2281(d) of title 10, United States 
Code, is amended— 
(1) in paragraph (1)— 
(A) by striking ‘‘the Secretary of Defense’’ and inserting 
‘‘the Deputy Secretary of Defense and the Deputy Secretary 
of Transportation, in their capacity as co-chairs of the
H. R. 2647—260 
National Executive Committee for Space-Based Positioning, 
Navigation, and Timing,’’; and 
(B) by striking ‘‘the Committee on Armed Services 
of the Senate and the Committee on Armed Services of 
the House of Representatives’’ and inserting ‘‘the Commit-
tees on Armed Services and Commerce, Science, and 
Transportation of the Senate and the Committees on Armed 
Services, Energy and Commerce, and Transportation and 
Infrastructure of the House of Representatives’’; and 
(2) by striking paragraph (2) and inserting the following 
new paragraph (2): 
‘‘(2) In preparing each report required under paragraph (1), 
the Deputy Secretary of Defense and the Deputy Secretary of 
Transportation, in their capacity as co-chairs of the National Execu-
tive Committee for Space-Based Positioning, Navigation, and 
Timing, shall consult with the Secretary of Defense, the Secretary 
of State, the Secretary of Transportation, and the Secretary of 
Homeland Security.’’. 
(b) TECHNICAL AMENDMENTS.—Paragraph (1)(B)(ii) of such sec-
tion is amended— 
(1) by inserting ‘‘validated’’ before ‘‘performance require-
ments’’; and 
(2) by inserting ‘‘in accordance with Office of Management 
and Budget Circular A–109’’ after ‘‘Plan’’. 
SEC. 1033. REPORTS ON BANDWIDTH REQUIREMENTS FOR MAJOR 
DEFENSE ACQUISITION PROGRAMS AND MAJOR SYSTEM 
ACQUISITION PROGRAMS. 
Section 1047(d) of the Duncan Hunter National Defense 
Authorization Act for Fiscal Year 2009 (Public Law 110–417; 122 
Stat. 4603; 10 U.S.C. 2366b note) is amended to read as follows: 
‘‘(d) FORMAL
REVIEW
PROCESS
FOR
BANDWIDTH
REQUIRE-
MENTS.— 
‘‘(1) IN
GENERAL.—The Secretary of Defense and the 
Director of National Intelligence shall, as part of the Milestone 
B or Key Decision Point B approval process for any major 
defense acquisition program or major system acquisition pro-
gram, establish a formal review process to ensure that— 
‘‘(A) the bandwidth requirements needed to support 
such program are or will be met; and 
‘‘(B) a determination will be made with respect to 
how to meet the bandwidth requirements for such program. 
‘‘(2) REPORTS.—Not later than January 1 of each year, 
the Secretary of Defense and the Director of National Intel-
ligence shall each submit to the congressional defense commit-
tees, the Select Committee on Intelligence of the Senate, and 
the Permanent Select Committee on Intelligence of the House 
of Representatives a report on any determinations made under 
paragraph (1) with respect to meeting the bandwidth require-
ments for major defense acquisition programs and major system 
acquisition programs during the preceding fiscal year.’’. 
SEC. 1034. ADDITIONAL DUTIES FOR ADVISORY PANEL ON DEPART-
MENT OF DEFENSE CAPABILITIES FOR SUPPORT OF CIVIL 
AUTHORITIES AFTER CERTAIN INCIDENTS. 
(a) ADDITIONAL
DUTIES.—Section 1082(d) of the National 
Defense Authorization Act for Fiscal Year 2008 (Public Law 110– 
181; 122 Stat. 337) is amended—
H. R. 2647—261 
(1) by redesignating paragraphs (7) and (8) as paragraphs 
(9) and (10), respectively; and 
(2) by inserting after paragraph (6) the following new para-
graphs: 
‘‘(7) assess the adequacy of the process and methodology 
by which the Department of Defense establishes and maintains 
dedicated, special, and general purpose forces for conducting 
operations described in paragraph (1); 
‘‘(8) assess the adequacy of the resources planned and 
programmed by the Department of Defense to ensure the 
preparedness and capability of dedicated, special, and general 
purpose forces for conducting operations described in paragraph 
(1);’’. 
(b) TECHNICAL AMENDMENTS.—Section 1082(d) of the National 
Defense Authorization Act for Fiscal Year 2008 (Public Law 110– 
181; 122 Stat. 337) is further amended— 
(1) in paragraph (1), by striking ‘‘in support to’’ and 
inserting ‘‘to provide support to’’; 
(2) in paragraph (2), by striking ‘‘purposes’’ and inserting 
‘‘purpose’’; and 
(3) in paragraph (4), by striking ‘‘other department’’ and 
inserting ‘‘other departments’’. 
SEC. 1035. CHARTER FOR THE NATIONAL RECONNAISSANCE OFFICE. 
Not later than February 1, 2010, the Director of National 
Intelligence and the Secretary of Defense shall jointly submit to 
the congressional defense committees, the Permanent Select Com-
mittee on Intelligence of the House of Representatives, and the 
Select Committee on Intelligence of the Senate a revised charter 
for the National Reconnaissance Office (in this section referred 
to as the ‘‘NRO’’). The charter shall include the following: 
(1) The organizational and governance structure of the 
NRO. 
(2) The role of the NRO in the development and generation 
of requirements and acquisition. 
(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 organizations and agencies 
in the intelligence and defense communities. 
SEC. 1036. NATIONAL STRATEGIC FIVE-YEAR PLAN FOR IMPROVING 
THE NUCLEAR FORENSIC AND ATTRIBUTION CAPABILI-
TIES OF THE UNITED STATES. 
(a) IN GENERAL.—The President, with the participation of the 
officials specified in subsection (c), shall develop a national strategic 
plan for improving over a five-year period the nuclear forensic 
and attribution capabilities of the United States and the methods, 
capabilities, and capacity for nuclear materials forensics and 
attribution. 
(b) ELEMENTS.—The plan required under subsection (a) shall 
include the following: 
(1) An investment plan to support nuclear materials 
forensics and attribution. 
(2) Recommendations with respect to— 
(A) the allocation of roles and responsibilities for pre- 
detonation, detonation, and post-detonation activities; and
H. R. 2647—262 
(B) methods for the attribution of nuclear or radio-
logical material to the source when such material is inter-
cepted by the United States, foreign governments, or inter-
national bodies or is dispersed in the course of a terrorist 
attack or other nuclear or radiological explosion. 
(c) OFFICIALS.—The officials specified in this subsection are 
the following: 
(1) The Secretary of Homeland Security. 
(2) The Secretary of Defense. 
(3) The Secretary of Energy. 
(4) The Attorney General. 
(5) The Secretary of State. 
(6) The Director of National Intelligence. 
(7) Such other officials as the President considers appro-
priate. 
(d) SUBMITTAL TO CONGRESS.—Not later than 180 days after 
the date of the enactment of this Act, the President shall submit 
to Congress the plan required under subsection (a). 
SEC. 1037. AUTHORIZATION OF APPROPRIATIONS FOR PAYMENTS TO 
PORTUGUESE NATIONALS EMPLOYED BY THE DEPART-
MENT OF DEFENSE. 
(a) AUTHORIZATION FOR PAYMENTS.—Subject to subsection (b), 
the Secretary of Defense may authorize payments to Portuguese 
nationals employed by the Department of Defense in Portugal, 
for the difference between— 
(1) the salary increases resulting from section 8002 of the 
Department of Defense Appropriations Act, 2006 (Public Law 
109–148; 119 Stat. 2697; 10 U.S.C. 1584 note) and section 
8002 of the Department of Defense Appropriations Act, 2007 
(Public Law 109–289; 120 Stat. 1271; 10 U.S.C. 1584 note); 
and 
(2) salary increases supported by the Department of 
Defense Azores Foreign National wage surveys for survey years 
2006 and 2007. 
(b) LIMITATION.—The authority provided in subsection (a) may 
be exercised only if— 
(1) the wage survey methodology described in the United 
States—Portugal Agreement on Cooperation and Defense, with 
supplemental technical and labor agreements and exchange 
of notes, signed at Lisbon on June 1, 1995, and entered into 
force on November 21, 1995, is eliminated; and 
(2) the agreements and exchange of notes referred to in 
paragraph (1) and any implementing regulations thereto are 
revised to provide that the obligations of the United States 
regarding annual pay increases are subject to United States 
appropriation law governing the funding available for such 
increases. 
(c) AUTHORIZATION
FOR
APPROPRIATION.—Of the amounts 
authorized to be appropriated under title III, not less than $240,000 
is authorized to be appropriated for fiscal year 2010 for the purpose 
of the payments authorized by subsection (a). 
SEC. 1038. PROHIBITION ON INTERROGATION OF DETAINEES BY CON-
TRACTOR PERSONNEL. 
(a) PROHIBITION.—Except as provided in subsection (b), effective 
one year after the date of the enactment of this Act, no enemy 
prisoner of war, civilian internee, retained personnel, other
H. R. 2647—263 
detainee, or any other individual who is in the custody or under 
the effective control of the Department of Defense or otherwise 
under detention in a Department of Defense facility in connection 
with hostilities may be interrogated by contractor personnel. 
(b) AUTHORIZED FUNCTIONS OF CONTRACTOR PERSONNEL.—Con-
tractor personnel with proper training and security clearances may 
be used as linguists, interpreters, report writers, information tech-
nology technicians, and other employees filling ancillary positions, 
including as trainers of and advisors to interrogators, in interroga-
tions of persons as described in subsection (a) if— 
(1) such personnel are subject to the same rules, proce-
dures, policies, and laws pertaining to detainee operations and 
interrogations as apply to government personnel in such posi-
tions in such interrogations; and 
(2) appropriately qualified and trained military or civilian 
personnel of the Department of Defense are available to oversee 
the contractor’s performance and to ensure that contractor per-
sonnel do not perform activities that are prohibited under this 
section. 
(c) DISCHARGE
BY GOVERNMENT PERSONNEL.—The Secretary 
of Defense shall take appropriate actions to ensure that, by not 
later than one year after the date of the enactment of this Act, 
the Department of Defense has the resources needed to ensure 
that interrogations described in subsection (a) are conducted by 
appropriately qualified government personnel. 
(d) WAIVER.— 
(1) WAIVERS AUTHORIZED.—The Secretary of Defense may 
waive the prohibition under subsection (a) for a period of 60 
days if the Secretary determines such a waiver is vital to 
the national security interests of the United States. The Sec-
retary may renew a waiver issued pursuant to this paragraph 
for an additional 30-day period, if the Secretary determines 
that such a renewal is vital to the national security interests 
of the United States. 
(2) LIMITATION ON DELEGATION.— 
(A) IN GENERAL.—The waiver authority under para-
graph (1) may not be delegated to any official below the 
level of the Deputy Secretary of Defense, except in the 
case of a waiver for an individual interrogation that is 
based on military exigencies, in which case the delegation 
of the waiver authority shall be done pursuant to regula-
tions that the Secretary of Defense shall prescribe but 
in no instance may the latter delegation be below the 
level of combatant commander of the theater in which 
the individual is in the custody or under the effective 
control of the Department of Defense or otherwise under 
detention in a Department of Defense facility within that 
theater. 
(B) DEADLINE
FOR
REGULATIONS.—The Secretary of 
Defense shall prescribe the regulations referred to in 
subparagraph (A) by not later than 30 days after the date 
of the enactment of this Act. 
(3) CONGRESSIONAL
NOTIFICATION.—Not later than five 
days after the Secretary issues a waiver pursuant to paragraph 
(1), the Secretary shall submit to Congress written notification 
of the waiver.
H. R. 2647—264 
SEC. 1039. NOTIFICATION AND ACCESS OF INTERNATIONAL COM-
MITTEE 
OF 
THE 
RED 
CROSS 
WITH 
RESPECT 
TO 
DETAINEES AT THEATER INTERNMENT FACILITY AT 
BAGRAM AIR BASE, AFGHANISTAN. 
(a) NOTIFICATION.—The head of a military service or depart-
ment that has custody or effective control of the Theater Internment 
Facility at Bagram Air Base, Afghanistan, or of any individual 
detained at such facility, shall, upon the detention of any such 
individual at such facility, notify the International Committee of 
the Red Cross (referred to in this section as the ‘‘ICRC’’) of such 
custody or effective control, as soon as practicable. 
(b) ACCESS.— 
(1) ICRC ACCESS.—The head of a military service or depart-
ment with effective control of the Theater Internment Facility 
at Bagram Air Base, Afghanistan, shall— 
(A) endeavor to ensure prompt ICRC access to any 
individual described in subsection (a) upon receipt by such 
head of an ICRC request to visit the detainee, pursuant 
to subsection (a); or 
(B) if access to a such individual is temporarily denied 
as an exceptional measure, due to reasons of imperative 
military necessity, as soon thereafter as practicable, con-
sistent with Article 126 of the Geneva Convention Relative 
to the Treatment of Prisoners of War, done at Geneva 
on August 12, 1949 (6 UST 3316), but normally no later 
than the next regularly scheduled ICRC visit. 
(2) PROTOCOLS AND AGREEMENTS.—Such access to the indi-
vidual shall continue pursuant to ICRC protocols and agree-
ments reached between the ICRC and the head of a military 
service or department with effective control over the Theater 
Internment Facility at Bagram Air Base, Afghanistan. 
(c) SCOPE
OF ACCESS.—The ICRC shall be provided access, 
in accordance with this section, to those physical localities within 
the Theater Internment Facility at Bagram Air Base, Afghanistan, 
that are determined to be relevant to the treatment of an individual 
described in subsection (a), including the individual’s cell or room, 
interrogation facilities or rooms, hospital or related health care 
facilities or rooms, and recreation areas. The scope of access 
described in this subsection shall not be construed to apply to 
facilities other than the Theater Internment Facility at Bagram 
Air Base, Afghanistan. 
(d) EXCEPTION CONSISTENT WITH
THE GENEVA CONVENTION 
RELATIVE TO THE TREATMENT OF PRISONERS OF WAR.—Consistent 
with Article 126 of the Geneva Convention Relative to the Treat-
ment of Prisoners of War, access by the ICRC to a detainee as 
provided for in subsections (b) and (c) may be temporarily denied, 
as an exceptional measure, for reasons of imperative military neces-
sity. 
(e) CONSTRUCTION.—Nothing in this section shall be construed 
to— 
(1) create or modify the authority of the United States 
Armed Forces, the Department of Defense, a Federal law 
enforcement agency, or the intelligence community to detain 
an individual under existing law, as of the date of the enact-
ment of this Act; or
H. R. 2647—265 
(2) limit or otherwise affect any other rights or obligations 
which may arise under the Geneva Conventions, other inter-
national agreements, or other laws, or to state all of the situa-
tions under which notification to and access for the ICRC 
is required or allowed. 
SEC. 1040. NO MIRANDA WARNINGS FOR AL QAEDA TERRORISTS. 
(a) NO MIRANDA WARNINGS.— 
(1) IN
GENERAL.—Absent a court order requiring the 
reading of such statements, no member of the Armed Forces 
and no official or employee of the Department of Defense or 
a component of the intelligence community (other than the 
Department of Justice) may read to a foreign national who 
is captured or detained outside the United States as an enemy 
belligerent and is in the custody or under the effective control 
of the Department of Defense or otherwise under detention 
in a Department of Defense facility the statement required 
by Miranda v. Arizona (384 U.S. 436 (1966)), or otherwise 
inform such an individual of any rights that the individual 
may or may not have to counsel or to remain silent consistent 
with Miranda v. Arizona (384 U.S. 436 (1966)). 
(2) NONAPPLICABILITY TO DEPARTMENT OF JUSTICE.—This 
subsection shall not apply to the Department of Justice. 
(3) DEFINITIONS.—In this subsection: 
(A) The term ‘‘foreign national’’ means an individual 
who is not a citizen or national of the United States. 
(B) The term ‘‘enemy belligerent’’ includes a privileged 
belligerent against the United States and an unprivileged 
enemy belligerent, as those terms are defined in section 
948a of title 10, United States Code, as amended by section 
1802 of this Act. 
(b) REPORT REQUIRED
ON NOTIFICATION
OF DETAINEES
OF 
RIGHTS UNDER Miranda v. Arizona.—Not later than 90 days after 
the date of the enactment of this Act, the Secretary of Defense 
shall submit to the congressional defense committees a report on 
how the reading of rights under Miranda v. Arizona (384 U.S. 
436 (1966)) to individuals detained by the United States in Afghani-
stan may affect— 
(1) the tactical questioning of detainees at the point of 
capture by United States Armed Forces deployed in support 
of Operation Enduring Freedom; 
(2) post-capture theater-level interrogations and intel-
ligence-gathering activities conducted as part of Operation 
Enduring Freedom; 
(3) the overall counterinsurgency strategy and objectives 
of the United States for Operation Enduring Freedom; 
(4) United States military operations and objectives in 
Afghanistan; and 
(5) potential risks to members of the Armed Forces oper-
ating in Afghanistan. 
SEC. 1041. LIMITATION ON USE OF FUNDS FOR THE TRANSFER OR 
RELEASE OF INDIVIDUALS DETAINED AT UNITED STATES 
NAVAL STATION, GUANTANAMO BAY, CUBA. 
(a) RELEASE PROHIBITION.—During the period beginning on 
October 1, 2009, and ending on December 31, 2010, the Secretary 
of Defense may not use any of the amounts authorized to be 
appropriated in this Act or otherwise available to the Department
H. R. 2647—266 
of Defense to release into the United States, its territories, or 
possessions, any individual described in subsection (e). 
(b) TRANSFER LIMITATION.—During the period beginning on 
October 1, 2009, and ending on December 31, 2010, 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 Defense to transfer any individual described in subsection (e) 
to the United States, its territories, or possessions, until 45 days 
after the President has submitted to the congressional defense 
committees the plan described in subsection (c). 
(c) COMPREHENSIVE
PLAN
REQUIRED.—The President shall 
submit to the congressional defense committees a plan for the 
disposition of each individual described in subsection (e) who is 
proposed to be transferred to the United States, its territories, 
or possessions. Such plan for each individual shall include, at a 
minimum— 
(1) an assessment of the risk that the individual described 
in subsection (e) poses to the national security of the United 
States, its territories, or possessions; 
(2) a proposal for the disposition of each such individual; 
(3) the measures to be taken to mitigate any risks described 
in paragraph (1); 
(4) the location or locations at which the individual will 
be held under the proposal for disposition required by para-
graph (2); 
(5) the costs associated with executing the plan, including 
technical and financial assistance required to be provided to 
State and local law enforcement agencies, if necessary, to carry 
out the plan; 
(6) a summary of the consultation required in subsection 
(d); and 
(7) a certification by the Attorney General that under the 
plan the individual poses little or no security risk to the United 
States, its territories, or possessions. 
(d) 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 (c)(2) includes transfer to that State, District of 
Columbia, or territory or possession. 
(e) DETAINEES DESCRIBED.—An individual described in this sub-
section is any individual who is located at United States Naval 
Station, Guantanamo Bay, Cuba, as of October 1, 2009, 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. 1042. ADDITIONAL SUBPOENA AUTHORITY FOR THE INSPECTOR 
GENERAL OF THE DEPARTMENT OF DEFENSE. 
Section 8 of the Inspector General Act of 1978 (5 U.S.C. App. 
8) is amended by adding at the end the following new subsection: 
‘‘(i)(1) The Inspector General of the Department of Defense 
is authorized to require by subpoena the attendance and testimony 
of witnesses as necessary in the performance of functions assigned 
to the Inspector General by this Act, except that the Inspector
H. R. 2647—267 
General shall use procedures other than subpoenas to obtain attend-
ance and testimony from Federal employees. 
‘‘(2) A subpoena issued under this subsection, in the case of 
contumacy or refusal to obey, shall be enforceable by order of 
any appropriate United States district court. 
‘‘(3) The Inspector General shall notify the Attorney General 
7 days before issuing any subpoena under this section.’’. 
SEC. 1043. LIMITATIONS ON MODIFICATIONS OF CERTAIN GOVERN-
MENT FURNISHED EQUIPMENT; ONE-TIME AUTHORITY TO 
TRANSFER CERTAIN MILITARY PROTOTYPE. 
(a) LIMITATION.—An article of military equipment that is an 
end item of a major weapon system may not be furnished or 
transferred to a private entity for the conduct of research, develop-
ment, test and evaluation under contractual agreement with the 
Department of Defense, if such research, development, test, and 
evaluation necessitates significantly modifying the military equip-
ment, until the senior acquisition official of a military department, 
or his designee, submits to the congressional defense committees 
certification in writing— 
(1) that the modification of such article of military equip-
ment is necessary to execute the contractual scope of work 
and there is no suitable alternative to modifying such article; 
(2) that the research, development, test, and evaluation 
effort is of sufficient interest to the military department to 
warrant the modification of such article of military equipment; 
(3) that— 
(A) prior to the end of the period of performance of 
such a contractual agreement, the article of military equip-
ment will be restored to its original condition; or 
(B) it is not necessary to restore the article of military 
equipment to its original condition because the military 
department intends to dispose of the equipment or operate 
the equipment in its modified form. 
(4) that the private entity has sufficient resources and 
capability to fully perform the contractual research, develop-
ment, test, and evaluation; and 
(5) that the military department has— 
(A) identified the scope of future test and evaluation 
likely to be required prior to transition of the associated 
technology to a program of record; and 
(B) a plan for the conduct of such future test and 
evaluation, including the anticipated roles and responsibil-
ities of government and the private entity, as applicable. 
(b) CERTIFICATION.—No military equipment that is an end item 
of a major weapons system may be transferred or furnished to 
a private entity for purposes of research and development as author-
ized under subsection (a) unless the senior officer of the military 
service concerned certifies to the congressional defense committees 
that such equipment is not essential to the defense of the United 
States. 
(c) ONE-TIME AUTHORITY TO TRANSFER.—The Secretary of the 
Navy may transfer, 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 (Bureau Number
H. R. 2647—268 
163283), also known as the X–49A aircraft, and associated compo-
nents and test equipment, previously specified as Government- 
furnished equipment in contract N00019–00–C–0284. The trans-
feree shall provide consideration for the transfer of such military 
equipment to the transferor of an amount not to exceed fair value, 
as determined, on a non-delegable basis, by the Secretary. 
(d) APPLICABLE LAW.—The transfer or use of military equip-
ment is subject to all applicable Federal and State laws and regula-
tions, including, but not limited to, the Arms Export Control Act, 
the Export Administration Act of 1979, continued under Executive 
Order 12924, International Traffic in Arms Regulations (22 C.F.R. 
120 et seq.), Export Administration Regulations (15 C.F.R. 730 
et seq.), Foreign Assets Control Regulations (31 C.F.R. 500 et 13 
seq.), and the Espionage Act. 
(e) CONDITION OF EQUIPMENT TO BE TRANSFERRED.— 
(1) AS-IS CONDITION.—The military equipment transferred 
under subsection (c) shall be transferred in its current ‘‘as- 
is’’ condition. The Secretary is not required to repair or alter 
the condition of any military equipment before transferring 
any interest in such equipment under subsection (c). 
(2) SPARE PARTS OR EQUIPMENT.—The Secretary of the Navy 
is not required to provide spare parts or equipment as a result 
of the transfer authorized under subsection (c). 
(f) TRANSFER AT NO COST TO THE UNITED STATES.—The transfer 
of military equipment under subsection (c) shall be made at no 
cost to the United States. Any costs associated with the transfer 
shall be borne by the transferee. 
(g) ADDITIONAL TERMS AND CONDITIONS.—The Secretary shall 
require that the transfer authorized by section (c) be carried out 
by means of a written agreement and shall require, at a minimum, 
the following conditions to the transfer: 
(1) A condition stipulating that the transfer of the X-49A 
aircraft is for the sole purpose of further development, test, 
and evaluation of vectored thrust ducted propeller (hereinafter 
in this section referred to as ‘‘VTDP’’) technology. 
(2) A condition providing the Government the right to 
procure the VTDP technology demonstrated under this program 
at a discounted 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. 
(3) A condition that the transferee not transfer any interest 
in, or transfer possession of, the military equipment transferred 
under subsection (b) to any other party without the prior writ-
ten approval of the Secretary. 
(4) A condition that if the Secretary determines at any 
time that the transferee has failed to comply with a condition 
set forth in paragraphs (1) through (3), all items referred to 
in subsection (b) shall be transferred back to the Navy, at 
no cost to the United States. 
(5) A condition that the transferee acknowledges sole 
responsibility of the X-49A aircraft and associated equipment 
and assumes all liability for operation of the X-49A aircraft 
and associated equipment. 
(h) NO LIABILITY FOR THE UNITED STATES.—Upon the transfer 
of military equipment under subsection (b), the United States shall 
not be liable for any death, injury, loss, or damage that results
H. R. 2647—269 
from the use of such military equipment by any person other 
than the United States. 
(i) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may 
require such additional terms and conditions in connection with 
a transfer under subsection (b) as the Secretary considers appro-
priate to protect the interests of the United States. 
(j) DEFINITIONS.—In this subsection: 
(1) The term ‘‘major system’’ has the meaning provided 
in section 2302 of title 10, United States Code. 
(2) The term ‘‘contractual agreement’’ includes contracts, 
grants, cooperative agreements, and other transactions. 
Subtitle E—Studies and Reports 
SEC. 1051. REPORT ON STATUTORY COMPLIANCE OF THE REPORT ON 
THE 2009 QUADRENNIAL DEFENSE 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 Comptroller 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 addresses each of the items required 
by subsection (d) of section 118 of title 10, United States Code. 
(b) SECRETARY OF DEFENSE REPORT.—If the Comptroller Gen-
eral determines that the report on the 2009 quadrennial defense 
review fails to directly address items required by subsection (d) 
of section 118 of such title, the Secretary of Defense shall submit 
to the congressional defense committees a report directly addressing 
those items not later than 30 days after the submission of the 
report by the Comptroller General required by paragraph (1). 
SEC. 1052. REPORT ON THE FORCE STRUCTURE FINDINGS OF THE 
2009 QUADRENNIAL DEFENSE REVIEW. 
(a) REPORT REQUIREMENT.—Concurrent with the delivery of 
the report on the 2009 quadrennial defense review required by 
section 118 of title 10, United States Code, the Secretary of Defense 
shall submit to the congressional defense committees a report with 
a classified annex containing— 
(1) the analyses used to determine and support the findings 
on force structure required by such section; and 
(2) a description of any changes from the previous quadren-
nial defense review to the minimum military requirements 
for major military capabilities. 
(b) MAJOR MILITARY CAPABILITIES DEFINED.—In this section, 
the term ‘‘major military capabilities’’ includes any capability the 
Secretary determines to be a major military capability, any capa-
bility discussed in the report of the 2006 quadrennial defense 
review, and any capability described in paragraph (9) or (10) of 
section 118(d) of title 10, United States Code. 
SEC. 
1053. 
ANNUAL 
REPORT 
ON 
THE 
ELECTRONIC 
WARFARE 
STRATEGY OF THE DEPARTMENT OF DEFENSE. 
(a) ANNUAL REPORT REQUIRED.—At the same time as the Presi-
dent submits to Congress the budget under section 1105(a) of title 
31, United States Code, for each of fiscal years 2011 through 2015, 
the Secretary of Defense, in coordination with the Chairman of 
the Joint Chiefs of Staff and the Secretary of each of the military