In the Senate of the United States, 
July 23, 2009. 
Resolved, That the bill from the House of Representa-
tives (H.R. 2647) entitled ‘‘An Act to authorize appropria-
tions for fiscal year 2010 for military activities of the Depart-
ment of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, to provide special 
pays and allowances to certain members of the Armed 
Forces, expand concurrent receipt of military retirement and 
VA disability benefits to disabled military retirees, and for 
other purposes.’’, do pass with the following 
AMENDMENT: 
Strike out all after the enacting clause and insert: 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘National Defense Au-
thorization Act for Fiscal Year 2010’’.
† HR 2647 EAS 
Subtitle B—Navy Programs 
Sec. 111. Treatment of Littoral Combat Ship program as a major defense acqui-
sition program. 
Sec. 112. Report on strategic plan for homeporting the Littoral Combat Ship. 
Sec. 113. Procurement programs for future naval surface combatants. 
Sec. 114. Report on a service life extension program for Oliver Hazard Perry 
class frigates. 
Sec. 115. Competitive bidding for procurement of steam turbines for ships service 
turbine generators and main propulsion turbines for Ohio-class 
submarine replacement program. 
Subtitle C—Air Force Matters 
Sec. 121. Limitation on retirement of C–5 aircraft. 
Sec. 122. Revised availability of certain funds available for the F–22A fighter 
aircraft. 
Sec. 123. Report on potential foreign military sales of the F–22A fighter aircraft. 
Sec. 124. Next generation bomber aircraft. 
Sec. 125. AC–130 gunships. 
Sec. 126. Report on E–8C Joint Surveillance and Target Attack Radar System 
re-engining. 
Subtitle D—Joint and Multiservice Matters 
Sec. 131. Modification of nature of data link utilizable by tactical unmanned aer-
ial vehicles. 
TITLE II—RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 
Subtitle A—Authorization of Appropriations 
Sec. 201. Authorization of appropriations. 
Subtitle B—Program Requirements, Restrictions, and Limitations 
Sec. 211. Limitation on use of funds for an alternative propulsion system for the 
F–35 Joint Strike Fighter program; increase in funding for pro-
curement of UH–1Y/AH–1Z rotary wing aircraft and for man-
agement reserves for the F–35 Joint Strike Fighter program. 
Sec. 212. Enhancement of duties of Director of Department of Defense Test Re-
source Management Center with respect to the Major Range and 
Test Facility Base. 
Sec. 213. Guidance on specification of funding requested for operation, 
sustainment, modernization, and personnel of major ranges and 
test facilities. 
Sec. 214. Permanent authority for the Joint Defense Manufacturing Technology 
Panel. 
Sec. 215. Extension and enhancement of Global Research Watch Program. 
Sec. 216. Three-year extension of authority for prizes for advanced technology 
achievements. 
Sec. 217. Modification of report requirements regarding Defense Science and 
Technology Program. 
Sec. 218. Programs for ground combat vehicle and self propelled howitzer capa-
bilities for the Army. 
Sec. 219. Assessment of technological maturity and integration risk of Army mod-
ernization programs.
† HR 2647 EAS 
Sec. 220. Assessment of strategy for technology for modernization of the combat 
vehicle and tactical wheeled vehicle fleets. 
Sec. 221. Systems engineering and prototyping program. 
Subtitle C—Missile Defense Programs 
Sec. 241. Sense of Congress on ballistic missile defense. 
Sec. 242. Comprehensive plan for test and evaluation of the Ballistic Missile De-
fense System. 
Sec. 243. Assessment and plan for the Ground-based Midcourse Defense element 
of the Ballistic Missile Defense System. 
Sec. 244. Report on potential missile defense cooperation with Russia. 
Sec. 245. Continued production of Ground-based Interceptor missile and oper-
ation of Missile Field 1 at Fort Greely, Alaska. 
Sec. 246. Sense of Senate on and reservation of funds for development and de-
ployment of missile defense systems in Europe. 
Sec. 247. Extension of deadline for study on boost-phase missile defense. 
Subtitle D—Other Matters 
Sec. 251. Repeal of requirement for biennial joint warfighting science and tech-
nology plan. 
Sec. 252. Modification of reporting requirement for defense nanotechnology re-
search and development program. 
Sec. 253. Evaluation of Extended Range Modular Sniper Rifle Systems. 
TITLE III—OPERATION AND MAINTENANCE 
Subtitle A—Authorization of Appropriations 
Sec. 301. Operation and maintenance funding. 
Subtitle B—Environmental Provisions 
Sec. 311. Reimbursement of Environmental Protection Agency for certain costs in 
connection with the former Nansemond Ordnance Depot Site, 
Suffolk, Virginia. 
Subtitle C—Workplace and Depot Issues 
Sec. 321. Modification of authority for Army industrial facilities to engage in co-
operative activities with non-Army entities. 
Sec. 322. Improvement of inventory management practices. 
Sec. 323. Temporary suspension of authority for public–private competitions. 
Sec. 323A. Public-private competition required before conversion of any depart-
ment of defense function performed by civilian employees to con-
tractor performance. 
Sec. 323B. Time limitation on duration of public-private competitions. 
Sec. 323C. Termination of certain public-private competitions for conversion of 
department of defense functions to performance by a contractor. 
Sec. 324. Extension of arsenal support program initiative. 
Sec. 325. Modification of date for submittal to Congress of annual report on fund-
ing for public and private performance of depot-level mainte-
nance and repair workloads. 
Subtitle D—Energy Provisions 
Sec. 331. Energy security on Department of Defense installations.
† HR 2647 EAS 
Sec. 332. Extension and expansion of reporting requirements regarding Depart-
ment of Defense energy efficiency programs. 
Sec. 333. Alternative Aviation Fuel Initiative. 
Sec. 334. Authorization of appropriations for Director of Operational Energy. 
Sec. 335. Department of Defense participation in programs for management of 
energy demand or reduction of energy usage during peak peri-
ods. 
Subtitle E—Reports 
Sec. 341. Study on Army modularity. 
Sec. 342. Plan for managing vegetative encroachment at training ranges. 
Sec. 343. Report on status of Air National Guard and Air Force Reserve. 
TITLE IV—MILITARY PERSONNEL AUTHORIZATIONS 
Subtitle A—Active Forces 
Sec. 401. End strengths for active forces. 
Sec. 402. Additional authority for increases of Army active-duty end strengths for 
fiscal years 2010, 2011, and 2012. 
Subtitle B—Reserve Forces 
Sec. 411. End strengths for Selected Reserve. 
Sec. 412. End strengths for Reserves on active duty in support of the Reserves. 
Sec. 413. End strengths for military technicians (dual status). 
Sec. 414. Fiscal year 2010 limitation on number of non-dual status technicians. 
Sec. 415. Maximum number of reserve personnel authorized to be on active duty 
for operational support. 
Sec. 416. Report on trainee account for the Army National Guard. 
Sec. 417. Authority for service Secretary variances for Selected Reserve end 
strengths. 
Subtitle C—Authorization of Appropriations 
Sec. 421. Military personnel. 
TITLE V—MILITARY PERSONNEL POLICY 
Subtitle A—Officer Personnel Policy 
Sec. 501. Modification of limitations on general and flag officers on active duty. 
Sec. 502. Revisions to annual report requirement on joint officer management. 
Sec. 503. Grade of Legal Counsel to the Chairman of the Joint Chiefs of Staff. 
Sec. 504. Chief and Deputy Chief of Chaplains of the Air Force. 
Subtitle B—Reserve Component Management 
Sec. 511. Report on requirements of the National Guard for non-dual status tech-
nicians. 
Subtitle C—Education and Training 
Sec. 521. Grade of commissioned officers in uniformed medical accession pro-
grams. 
Sec. 522. Expansion of criteria for appointment as member of the Board of Re-
gents of the Uniformed Services University of the Health 
Sciences.
† HR 2647 EAS 
Sec. 523. Detail of commissioned officers as students at schools of psychology. 
Sec. 524. Air Force Academy Athletic Association. 
Subtitle D—Defense Dependents’ Education Matters 
Sec. 531. Continuation of authority to assist local educational agencies that ben-
efit dependents of members of the Armed Forces and Department 
of Defense civilian employees. 
Sec. 532. Impact aid for children with severe disabilities. 
Sec. 533. Two-year extension of authority for assistance to local educational agen-
cies with enrollment changes due to base closures, force structure 
changes, or force relocations. 
Sec. 534. Permanent authority for enrollment in defense dependents’ education 
system of dependents of foreign military members assigned to 
Supreme Headquarters Allied Powers, Europe. 
Sec. 535. Study on options for educational opportunities for dependent children 
of members of the Armed Forces who do not attend Department 
of Defense dependents schools. 
Sec. 536. Sense of Senate on the Interstate Compact on Educational Opportunity 
for Military Children. 
Sec. 537. Comptroller General audit of assistance to local educational agencies for 
dependent children of members of the Armed Forces. 
Sec. 538. Authority to extend eligibility for enrollment in Department of Defense 
elementary and secondary schools to certain additional cat-
egories of dependents. 
Subtitle E—Military Justice and Legal Assistance Matters 
Sec. 541. Independent review of judge advocate requirements of the Department 
of the Navy. 
Subtitle F—Military Family Readiness Matters 
Sec. 551. Additional members on the Department of Defense Military Family 
Readiness Council. 
Sec. 552. Comprehensive plan on prevention, diagnosis, and treatment of sub-
stance use disorders and disposition of substance abuse offenders 
in the Armed Forces. 
Sec. 553. Military community support for children with autism and their fami-
lies. 
Sec. 554. Reports on effects of deployments on military children and the avail-
ability of mental health care and counseling services for military 
children. 
Sec. 555. Report on child custody litigation involving service of members of the 
Armed Forces. 
Sec. 556. Sense of Senate on preparation and coordination of Family Care Plans. 
Sec. 557. Expansion of suicide prevention and community healing and response 
training under the Yellow Ribbon Reintegration Program. 
Sec. 558. Report on Yellow Ribbon Reintegration Program. 
Sec. 559. Improved access to mental health care for family members of members 
of the National Guard and Reserve who are deployed overseas. 
Sec. 560. Full access to mental health care for family members of members of the 
National Guard and Reserve who are deployed overseas. 
Sec. 561. Comptroller General report on child care assistance for deployed mem-
bers of the reserve components of the Armed Forces.
† HR 2647 EAS 
Subtitle G—Other Matters 
Sec. 571. Deadline for report on sexual assault in the Armed Forces by Defense 
Task Force on Sexual Assault in the Military Services. 
Sec. 572. Clarification of performance policies for military musical units and 
musicians. 
Sec. 573. Guarantee of residency for spouses of military personnel for voting pur-
poses. 
Sec. 574. Determination for tax purposes of residence of spouses of military per-
sonnel. 
Sec. 575. Suspension of land rights residency requirement for spouses of military 
personnel. 
Sec. 576. Modification of Department of Defense share of expenses under National 
Guard Youth Challenge Program. 
Sec. 577. Provision to members of the Armed Forces and their families of com-
prehensive information on benefits for members of the Armed 
Forces and their families. 
Subtitle H—Military Voting 
Sec. 581. Short title. 
Sec. 582. Findings. 
Sec. 583. Clarification regarding delegation of State responsibilities. 
Sec. 584. Establishment of procedures for absent uniformed services voters and 
overseas voters to request and for states to send voter registration 
applications and absentee ballot applications by mail and elec-
tronically. 
Sec. 585. Establishment of procedures for States to transmit blank absentee bal-
lots by mail and electronically to absent uniformed services vot-
ers and overseas voters. 
Sec. 586. Ensuring absent uniformed services voters and overseas voters have time 
to vote. 
Sec. 587. Procedures for Collection and Delivery of Marked Absentee Ballots of 
Absent Overseas Uniformed Services Voters. 
Sec. 588. Federal write-in absentee ballot. 
Sec. 589. Prohibiting refusal to accept voter registration and absentee ballot ap-
plications, marked absentee ballots, and federal write-in absentee 
ballots for failure to meet certain requirements. 
Sec. 590. Federal Voting Assistance Program Improvements. 
Sec. 591. Development of standards for reporting and storing certain data. 
Sec. 592. Repeal of provisions relating to use of single application for all subse-
quent elections. 
Sec. 593. Reporting requirements. 
Sec. 594. Annual report on enforcement. 
Sec. 595. Requirements payments. 
Sec. 596. Technology pilot program. 
TITLE VI—COMPENSATION AND OTHER PERSONNEL BENEFITS 
Subtitle A—Pay and Allowances 
Sec. 601. Fiscal year 2010 increase in military basic pay. 
Sec. 602. Comptroller General of the United States comparative assessment of 
military and private-sector pay and benefits. 
Sec. 603. Increase in maximum monthly amount of supplemental subsistence al-
lowance for low-income members with dependents.
† HR 2647 EAS 
Sec. 604. Benefits under Post-Deployment/Mobilization Respite Absence program 
for certain periods before implementation of program. 
Subtitle B—Bonuses and Special and Incentive Pays 
Sec. 611. Extension of certain bonus and special pay authorities for Reserve 
forces. 
Sec. 612. Extension of certain bonus and special pay authorities for health care 
professionals. 
Sec. 613. Extension of special pay and bonus authorities for nuclear officers. 
Sec. 614. Extension of authorities relating to title 37 consolidated special pay, in-
centive pay, and bonus authorities. 
Sec. 615. Extension of authorities relating to payment of other title 37 bonuses 
and special pays. 
Sec. 616. Extension of authorities relating to payment of referral bonuses. 
Sec. 617. Special compensation for members of the uniformed services with seri-
ous injuries or illnesses requiring assistance in everyday living. 
Sec. 618. Temporary authority for monthly special pay for members of the Armed 
Forces subject to continuing active duty or service under stop- 
loss authorities. 
Subtitle C—Travel and Transportation Allowances 
Sec. 631. Travel and transportation allowances for designated individuals of 
wounded, ill, or injured members of the uniformed services for 
duration of inpatient treatment. 
Sec. 632. Travel and transportation allowances for non-medical attendants of se-
riously wounded, ill, or injured members of the uniformed serv-
ices. 
Sec. 633. Travel and transportation allowances for members of the reserve compo-
nents of the Armed Forces on leave for suspension of training. 
Sec. 634. Reimbursement of travel expenses of members of the Armed Forces on 
active duty and their dependents for travel for specialty care 
under exceptional circumstances. 
Sec. 635. Travel and transportation for survivors of deceased members of the uni-
formed services to attend memorial ceremonies. 
Subtitle D—Other Matters 
Sec. 651. Authority to continue provision of incentives after termination of tem-
porary Army authority to provide additional recruitment incen-
tives. 
Sec. 652. Repeal of requirement of reduction of SBP survivor annuities by de-
pendency and indemnity compensation. 
Sec. 653. Sense of Congress on airfares for members of the Armed Forces. 
Sec. 654. Continuation on active duty of reserve component members during 
physical disability evaluation following mobilization and de-
ployment. 
Sec. 655. Use of local residences for community-based care for certain reserve 
component members. 
Sec. 656. Assistance with transitional benefits. 
Sec. 657. Report on recruitment and retention of members of the Air Force in nu-
clear career fields. 
Sec. 658. Sense of Congress on establishment of flexible spending arrangements for 
the uniformed services.
† HR 2647 EAS 
Sec. 659. Treatment as active service for retired pay purposes of service as mem-
ber of Alaska Territorial Guard during World War II. 
Sec. 660. Inclusion of service after September 11, 2001, in determination of re-
duced eligibility age for receipt of non-regular service retired 
pay. 
TITLE VII—HEALTH CARE PROVISIONS 
Subtitle A—TRICARE Program 
Sec. 701. TRICARE Standard coverage for certain members of the Retired Re-
serve, and family members, who are qualified for a non-regular 
retirement but are not yet age 60. 
Sec. 702. Expansion of eligibility of survivors under the TRICARE dental pro-
gram. 
Sec. 703. Constructive eligibility for TRICARE benefits of certain persons other-
wise ineligible under retroactive determination of entitlement to 
Medicare part A hospital insurance benefits. 
Sec. 704. Reform and improvement of the TRICARE program. 
Sec. 705. Comptroller General of the United States report on implementation of 
requirements on the relationship between the TRICARE pro-
gram and employer-sponsored group health plans. 
Sec. 706. Sense of the Senate on health care benefits and costs for members of the 
Armed Forces and their families. 
Sec. 707. Notification of certain individuals regarding options for enrollment 
under Medicare part B. 
Subtitle B—Other Health Care Benefits 
Sec. 711. Mental health assessments for members of the Armed Forces deployed in 
connection with a contingency operation. 
Sec. 712. Enhancement of transitional dental care for members of the reserve 
components on active duty for more than 30 days in support of 
a contingency operation. 
Sec. 713. Reduction of minimum distance of travel for reimbursement of covered 
beneficiaries of the military health care system for travel for spe-
cialty health care. 
Sec. 714. Report on post-deployment health assessments of Guard and Reserve 
members. 
Subtitle C—Health Care Administration 
Sec. 721. Comprehensive policy on pain management by the military health care 
system. 
Sec. 722. Plan to increase the behavioral health capabilities of the Department of 
Defense. 
Sec. 723. Department of Defense study on management of medications for phys-
ically and psychologically wounded members of the Armed 
Forces. 
Sec. 724. Prescription of antidepressants for troops serving in Iraq and Afghani-
stan. 
Subtitle D—Wounded Warrior Matters 
Sec. 731. Pilot program for the provision of cognitive rehabilitative therapy serv-
ices under the TRICARE program.
† HR 2647 EAS 
Sec. 732. Department of Defense Task Force on the Care, Management, and Tran-
sition of Recovering Wounded, Ill, and Injured Members of the 
Armed Forces. 
Sec. 733. Report on use of alternative therapies in treatment of post-traumatic 
stress disorder. 
TITLE VIII—ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND 
RELATED MATTERS 
Subtitle A—Amendments to General Contracting Authorities, Procedures, and 
Limitations 
Sec. 801. Contract authority for advanced development of prototype units. 
Sec. 802. Justification and approval of sole-source contracts. 
Subtitle B—Acquisition Policy and Management 
Sec. 811. Reporting requirements for programs that qualify as both major auto-
mated information system programs and major defense acquisi-
tion programs. 
Sec. 812. Funding of Department of Defense Acquisition Workforce Development 
Fund. 
Sec. 813. Enhancement of expedited hiring authority for defense acquisition work-
force positions. 
Sec. 814. Treatment of non-Defense Agency procurements under joint programs 
with the Department of Defense under limitations on non-De-
fense Agency procurements on behalf of the Department of De-
fense. 
Sec. 815. Comptroller General of the United States report on training of acquisi-
tion and audit personnel 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. Prohibition on interrogation of detainees by contractor personnel. 
Sec. 824. Modifications to database for Federal agency contract and grant officers 
and suspension and debarment officials. 
Subtitle D—Other Matters 
Sec. 831. Enhanced authority to acquire products and services produced in Cen-
tral Asia, Pakistan, and the South Caucasus. 
Sec. 832. Small arms production industrial base matters. 
Sec. 833. Extension of SBIR and STTR programs of the Department of Defense. 
Sec. 834. Expansion and permanent authority for small business innovation re-
search commercialization program. 
Sec. 835. Measures to ensure the safety of facilities, infrastructure, and equipment 
for military operations. 
Sec. 836. Repeal of requirements relating to the military system essential item 
breakout list. 
Sec. 837. Defense Science Board report on rare earth materials in the defense 
supply chain. 
Sec. 838. Small business contracting programs parity.
† HR 2647 EAS 
TITLE IX—DEPARTMENT OF DEFENSE ORGANIZATION AND 
MANAGEMENT 
Subtitle A—Department of Defense Management 
Sec. 901. Deputy Under Secretaries of Defense and Assistant Secretaries of De-
fense. 
Sec. 902. Repeal of certain limitations on personnel and consolidation of reports 
on major Department of Defense headquarters activities. 
Sec. 903. Sense of Senate on the Western Hemisphere Institute for Security Co-
operation. 
Sec. 904. Reestablishment of position of Vice Chief of the National Guard Bureau. 
Subtitle B—Space Matters 
Sec. 911. Provision of space situational awareness services and information to 
non-United States Government entities. 
Sec. 912. Plan for management and funding of National Polar-Orbiting Oper-
ational Environmental Satellite System Program. 
Subtitle C—Intelligence Matters 
Sec. 921. Inclusion of Defense Intelligence Agency in authority to use proceeds 
from counterintelligence operations. 
Subtitle D—Other Matters 
Sec. 931. United States Military Cancer Institute. 
Sec. 932. Instruction of private sector employees in cyber security courses of the 
Defense Cyber Investigations Training Academy. 
Sec. 933. Plan on access to national airspace for unmanned aircraft. 
TITLE X—GENERAL PROVISIONS 
Subtitle A—Financial Matters 
Sec. 1001. General transfer authority. 
Sec. 1002. Audit readiness of financial statements of the Department of Defense. 
Subtitle B—Naval Vessels and Shipyards 
Sec. 1011. Temporary reduction in minimum number of aircraft carriers in ac-
tive service. 
Sec. 1012. Repeal of policy relating to the major combatant vessels of the strike 
forces of the United States Navy. 
Sec. 1013. Sense of Senate on the maintenance of a 313-ship Navy. 
Sec. 1014. Designation of U.S.S. Constitution as America’s Ship of State. 
Subtitle C—Counter-Drug Activities 
Sec. 1021. Extension and modification of authority to provide additional support 
for counter-drug activities of certain foreign governments. 
Sec. 1022. One-year extension of authority for joint task forces support to law en-
forcement agencies conducting counter-terrorism activities. 
Sec. 1023. One-year extension of authority to support unified counter-drug and 
counterterrorism campaign in Colombia.
† HR 2647 EAS 
Subtitle D—Military Commissions 
Sec. 1031. Military commissions. 
Sec. 1032. Trial by military commission of alien unprivileged belligerents for vio-
lations of the law of war. 
Sec. 1033. No Miranda warnings for Al Qaeda terrorists. 
Subtitle E—Medical Facility Matters 
Sec. 1041. Short title. 
Sec. 1042. Executive agreement. 
Sec. 1043. Transfer of property. 
Sec. 1044. Transfer of civilian personnel of the Department of Defense. 
Sec. 1045. Joint funding authority for the Captain James A. Lovell Federal 
Health Care Center. 
Sec. 1046. Eligibility of members of the uniformed services for care and services 
at the Captain James A. Lovell Federal Health Care Center. 
Sec. 1047. Extension of DOD–VA Health Care Sharing Incentive Fund. 
Subtitle F—Miscellaneous Requirements, Authorities, and Limitations 
Sec. 1051. Congressional earmarks relating to the Department of Defense. 
Sec. 1052. National strategic five-year plan for improving the nuclear forensic 
and attribution capabilities of the United States. 
Sec. 1053. One-year extension of authority to offer and make rewards for assist-
ance in combating terrorism through government personnel of al-
lied forces. 
Sec. 1054. Business process reengineering. 
Sec. 1055. Responsibility for preparation of biennial global positioning system re-
port. 
Sec. 1056. Additional subpoena authority for the Inspector General of the Depart-
ment of Defense. 
Sec. 1057. Reports on bandwidth requirements for major defense acquisition pro-
grams and major system acquisition programs. 
Sec. 1058. Multiyear contracts under pilot program on commercial fee-for-service 
air refueling support for the Air Force. 
Sec. 1059. Additional duty for advisory panel on Department of Defense capabili-
ties for support of civil authorities after certain incidents. 
Subtitle G—Reports 
Sec. 1071. National intelligence estimate on nuclear aspirations of non-state enti-
ties and nuclear weapons and related programs in non-nuclear- 
weapons states and countries not parties to the Nuclear Non- 
Proliferation Treaty. 
Sec. 1072. Comptroller General of the United States assessment of military whis-
tleblower protections. 
Sec. 1073. Report on re-determination process for permanently incapacitated de-
pendents of retired and deceased members of the Armed Forces. 
Sec. 1074. Comptroller General review of spending in the final quarter of fiscal 
year 2009 by the Department of Defense. 
Sec. 1075. Report on Air America. 
Sec. 1076. Report on criteria for selection of strategic embarkation ports and ship 
layberthing locations. 
Sec. 1077. Report on defense travel simplification. 
Sec. 1078. Report on modeling and simulation activities of United States Joint 
Forces Command.
† HR 2647 EAS 
Sec. 1079. Report on enabling capabilities for special operations forces. 
Subtitle H—Other Matters 
Sec. 1081. Transfer of Navy aircraft N40VT. 
Sec. 1082. Transfer of Big Crow aircraft. 
Sec. 1083. Plan for sustainment of land-based solid rocket motor industrial base. 
Sec. 1084. Pilot program on use of service dogs for the treatment or rehabilitation 
of veterans with physical or mental injuries or disabilities. 
Sec. 1085. Expansion of State home care for parents of veterans who died while 
serving in Armed Forces. 
Sec. 1086. Federal Employees Retirement System age and retirement treatment 
for certain retirees of the Armed Forces. 
Sec. 1087. Sense of Congress on manned airborne irregular warfare platforms. 
Sec. 1088. Extension of sunset for Congressional Commission on the Strategic 
Posture of the United States. 
Sec. 1089. Additional members and duties for independent panel to assess the 
quadrennial defense review. 
Sec. 1090. Contracting improvements. 
Sec. 1091. National D–Day Memorial study. 
TITLE XI—CIVILIAN PERSONNEL MATTERS 
Subtitle A—Personnel 
Sec. 1101. Repeal of National Security Personnel System; Department of Defense 
personnel authorities. 
Sec. 1102. Extension and modification of experimental personnel management 
program for scientific and technical personnel. 
Sec. 1103. One-year extension of authority to waive annual limitation on pre-
mium pay and aggregate limitation on pay for Federal civilian 
employees working overseas. 
Sec. 1104. Availability of funds for compensation of certain civilian employees of 
the Department of Defense. 
Sec. 1105. Department of Defense Civilian Leadership Program. 
Sec. 1106. Review of defense laboratories for participation in defense laboratory 
personnel demonstration projects. 
Subtitle B—Part-Time Reemployment of Annuitants 
Sec. 1161. Short title. 
Sec. 1162. Part-time reemployment. 
Sec. 1163. General Accountability Office report. 
TITLE XII—MATTERS RELATING TO FOREIGN NATIONS 
Subtitle A—Assistance and Training 
Sec. 1201. Increase in unit cost threshold for purchases using certain funds under 
the Combatant Commander Initiative Fund. 
Sec. 1202. Authority to provide administrative services and support to coalition 
liaison officers of certain foreign nations assigned to United 
States Joint Forces Command. 
Sec. 1203. Modification of authorities relating to program to build the capacity 
of foreign military forces. 
Sec. 1204. Modification of notification and reporting requirements for use of au-
thority for support of special operations to combat terrorism.
† HR 2647 EAS 
Sec. 1205. Modification of authority for reimbursement of certain coalition na-
tions for support provided to United States military operations. 
Sec. 1206. One-year extension and expansion of Commanders’ Emergency Re-
sponse Program. 
Sec. 1207. One-year extension of authority for security and stabilization assist-
ance. 
Sec. 1208. Authority for non-reciprocal exchanges of defense personnel between the 
United States and foreign countries. 
Sec. 1209. Defense cooperation between the United States and Iraq. 
Sec. 1210. Report on alternatives to use of acquisition and cross-servicing agree-
ments to lend military equipment for personnel protection and 
survivability. 
Sec. 1211. Ensuring Iraqi security through defense cooperation between the 
United States and Iraq. 
Sec. 1212. Availability of appropriated funds for the State Partnership Program. 
Sec. 1213. Authority to transfer defense articles and provide defense services to 
the military and security forces of Iraq and Afghanistan. 
Sec. 1214. Certification requirement for Coalition Support Fund reimbursements. 
Subtitle B—Reports 
Sec. 1221. Report on United States engagement with Iran. 
Sec. 1222. Report on Cuba and Cuba’s relations with other countries. 
Sec. 1223. Report on Venezuela. 
Sec. 1224. Report on military power of Iran. 
Sec. 1225. Annual counterterrorism status reports. 
Sec. 1226. Report on Taiwan’s air force. 
Sec. 1227. Report on United States contributions to the United Nations. 
Subtitle C—Other Matters 
Sec. 1231. Sense of Congress on establishment of measures of progress to evaluate 
United States strategic objectives in Afghanistan and Pakistan. 
Sec. 1232. Sense of the Senate on imposing sanctions with respect to the Islamic 
Republic of Iran. 
Sec. 1233. Sense of the Senate on enforcement and imposition of sanctions with 
respect to North Korea; review to determine whether North Korea 
should be re-listed as a state sponsor of terrorism. 
Sec. 1234. Report on the plan for the United States nuclear weapons stockpile, 
nuclear weapons complex, and delivery platforms and sense of 
the Senate on follow-on negotiations to START Treaty. 
Sec. 1235. Sense of Congress on continued support by the United States for a sta-
ble and democratic Republic of Iraq. 
Sec. 1236. Report on feasibility and desirability of establishing general uniform 
procedures and guidelines for the provision of monetary assist-
ance by the United States to civilian foreign nationals for losses 
incident to combat activities of the armed forces. 
Subtitle D—VOICE Act 
Sec. 1241. Short title. 
Sec. 1242. Sense of Congress. 
Sec. 1243. Statement of policy. 
Sec. 1244. Authorization of appropriations. 
Sec. 1245. Iranian Electronic Education, Exchange, and Media Fund. 
Sec. 1246. Annual report.
† HR 2647 EAS 
Sec. 1247. Report on actions by non-Iranian companies. 
Sec. 1248. Human rights documentation. 
TITLE XIII—COOPERATIVE THREAT REDUCTION 
Sec. 1301. Specification of Cooperative Threat Reduction programs and funds. 
Sec. 1302. Funding allocations. 
Sec. 1303. Authority to enter into agreements to receive contributions for Biologi-
cal Threat Reduction Program. 
Sec. 1304. Authorization of use of Cooperative Threat Reduction program funds 
for bilateral and multilateral nonproliferation and disarmament 
activities. 
TITLE XIV—OTHER AUTHORIZATIONS 
Subtitle A—Military Programs 
Sec. 1401. Working capital funds. 
Sec. 1402. National Defense Sealift Fund. 
Sec. 1403. Defense Health Program. 
Sec. 1404. Chemical Agents and Munitions Destruction, Defense. 
Sec. 1405. Drug Interdiction and Counter-Drug Activities, Defense-wide. 
Sec. 1406. Defense Inspector General. 
Sec. 1407. Funding table. 
Subtitle B—National Defense Stockpile 
Sec. 1411. Extension of previously authorized disposal of cobalt from National 
Defense Stockpile. 
Sec. 1412. Authorization for actions to correct the industrial resource shortfall for 
high-purity beryllium metal in amounts not in excess of 
$80,000,000. 
Subtitle C—Armed Forces Retirement Home 
Sec. 1421. Authorization of appropriations for Armed Forces Retirement Home. 
TITLE XV—OVERSEAS CONTINGENCY OPERATIONS 
Sec. 1501. Purpose. 
Sec. 1502. Army procurement. 
Sec. 1503. Navy and Marine Corps procurement. 
Sec. 1504. Air Force procurement. 
Sec. 1505. Defense-wide activities procurement. 
Sec. 1506. Research, development, test, and evaluation. 
Sec. 1507. Operation and maintenance. 
Sec. 1508. Military personnel. 
Sec. 1509. Working capital funds. 
Sec. 1510. Defense Health Program. 
Sec. 1511. Drug Interdiction and Counter-Drug Activities, Defense-wide. 
Sec. 1512. Defense Inspector General. 
Sec. 1513. Treatment as additional authorizations. 
Sec. 1514. Funding tables. 
Sec. 1515. Special transfer authority. 
Sec. 1516. Limitations on availability of funds in Afghanistan Security Forces 
Fund. 
Sec. 1517. Availability of funds in Pakistan Counterinsurgency Fund.
† HR 2647 EAS 
DIVISION B—MILITARY CONSTRUCTION AUTHORIZATIONS 
Sec. 2001. Short title. 
Sec. 2002. Expiration of authorizations and amounts required to be specified by 
law. 
Sec. 2003. Effective date. 
Sec. 2004. Funding tables. 
Sec. 2005. Technical corrections regarding certain military construction projects, 
New Mexico. 
TITLE XXI—ARMY 
Sec. 2101. Authorized Army construction and land acquisition projects. 
Sec. 2102. Family housing. 
Sec. 2103. Improvements to military family housing units. 
Sec. 2104. Authorization of appropriations, Army. 
Sec. 2105. Extension of authorizations of certain fiscal year 2006 projects. 
TITLE XXII—NAVY 
Sec. 2201. Authorized Navy construction and land acquisition projects. 
Sec. 2202. Family housing. 
Sec. 2203. Improvements to military family housing units. 
Sec. 2204. Authorization of appropriations, Navy. 
Sec. 2205. Modification and extension of authority to carry out certain fiscal 
year 2006 project. 
TITLE XXIII—AIR FORCE 
Sec. 2301. Authorized Air Force construction and land acquisition projects. 
Sec. 2302. Family housing. 
Sec. 2303. Improvements to military family housing units. 
Sec. 2304. Authorization of appropriations, Air Force. 
Sec. 2305. Extension of authorizations of certain fiscal year 2007 projects. 
Sec. 2306. Extension of authorizations of certain fiscal year 2006 projects. 
Sec. 2307. Temporary prohibition on use of funds for military construction im-
provements, Palanquero Air Base, Colombia. 
Sec. 2308. Conveyance to Indian tribes of certain housing units. 
TITLE XXIV—DEFENSE AGENCIES 
Subtitle A—Defense Agency Authorizations 
Sec. 2401. Authorized Defense Agencies construction and land acquisition 
projects. 
Sec. 2402. Family housing. 
Sec. 2403. Energy conservation projects. 
Sec. 2404. Authorization of appropriations, Defense Agencies. 
Sec. 2405. Modification of authority to carry out certain fiscal year 2008 project. 
Sec. 2406. Modification of authority to carry out certain fiscal year 2009 project. 
Sec. 2407. Extension of authorizations of certain fiscal year 2007 project. 
Subtitle B—Chemical Demilitarization Authorizations 
Sec. 2411. Authorization of appropriations, chemical demilitarization construc-
tion, Defense-wide.
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TITLE XXV—NORTH ATLANTIC TREATY ORGANIZATION SECURITY 
INVESTMENT PROGRAM 
Sec. 2501. Authorized NATO construction and land acquisition projects. 
Sec. 2502. Authorization of appropriations, NATO. 
TITLE XXVI—GUARD AND RESERVE FORCES FACILITIES 
Sec. 2601. Authorized Army National Guard construction and land acquisition 
projects. 
Sec. 2602. Authorized Army Reserve construction and land acquisition projects. 
Sec. 2603. Authorized Navy Reserve and Marine Corps Reserve construction and 
land acquisition projects. 
Sec. 2604. Authorized Air National Guard construction and land acquisition 
projects. 
Sec. 2605. Authorized Air Force Reserve construction and land acquisition 
projects. 
Sec. 2606. Authorization of appropriations, Guard and Reserve. 
Sec. 2607. Extension of authorizations of certain fiscal year 2007 projects. 
Sec. 2608. Extension of authorizations of certain fiscal year 2006 project. 
TITLE XXVII—BASE CLOSURE AND REALIGNMENT ACTIVITIES 
Sec. 2701. Authorization of appropriations for base closure and realignment ac-
tivities funded through Department of Defense Base Closure Ac-
count 1990. 
Sec. 2702. Authorized base closure and realignment activities funded through De-
partment of Defense Base Closure Account 2005. 
Sec. 2703. Authorization of appropriations for base closure and realignment ac-
tivities funded through Department of Defense Base Closure Ac-
count 2005. 
Sec. 2704. Report on global defense posture realignment and interagency review. 
Sec. 2705. Sense of the Senate on need for community assistance related to base 
closures and realignments and force repositioning. 
Sec. 2706. Relocation of certain Army Reserve units in Connecticut. 
Sec. 2707. Authority to construct previously authorized Armed Forces Reserve 
Center in vicinity of specified location at Pease Air National 
Guard Base, New Hampshire. 
Sec. 2708. Requirement for master plan to provide world class military medical 
facilities in the National Capital Region. 
TITLE XXVIII—MILITARY CONSTRUCTION GENERAL PROVISIONS 
Sec. 2801. Military construction and land acquisition projects authorized by 
American Recovery and Reinvestment Act of 2009. 
Subtitle A—Military Construction Program and Military Family Housing 
Changes 
Sec. 2811. Extension of authority to use operation and maintenance funds for 
construction projects inside the United States Central Command 
and United States Africa Command areas of responsibility. 
Sec. 2812. Modification of authority for scope of work variations. 
Sec. 2813. Modification of conveyance authority at military installations. 
Sec. 2814. Two-year extension of authority for pilot projects for acquisition or 
construction of military unaccompanied housing.
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Subtitle B—Energy Security 
Sec. 2821. Report on Department of Defense efforts toward installation of solar 
panels and other renewable energy projects on military installa-
tions. 
Subtitle C—Land Conveyances 
Sec. 2831. Land conveyance, Naval Air Station Oceana, Virginia. 
Sec. 2832. Release of reversionary interest. 
Sec. 2833. Land conveyance, Ellsworth Air Force Base, South Dakota. 
Sec. 2834. Land conveyance, F.E. Warren Air Force Base, Cheyenne, Wyoming. 
Sec. 2835. Land conveyance, Lackland Air Force Base, Texas. 
Sec. 2836. Land conveyance, Haines Tank Farm, Haines, Alaska. 
Sec. 2837. Land conveyances of certain parcels in the Camp Catlin and Ohana 
Nui areas, Pearl Harbor, Hawaii. 
Subtitle D—Other Matters 
Sec. 2841. Expansion of First Sergeants Barracks Initiative. 
TITLE XXIX—OVERSEAS CONTINGENCY OPERATIONS MILITARY 
CONSTRUCTION AUTHORIZATIONS 
Sec. 2901. Authorized Army construction and land acquisition projects. 
Sec. 2902. Authorized Air Force construction and land acquisition projects. 
DIVISION C—DEPARTMENT OF ENERGY NATIONAL SECURITY 
AUTHORIZATIONS AND OTHER AUTHORIZATIONS 
TITLE XXXI—DEPARTMENT OF ENERGY NATIONAL SECURITY 
PROGRAMS 
Subtitle A—National Security Programs Authorizations 
Sec. 3101. National Nuclear Security Administration. 
Sec. 3102. Defense environmental cleanup. 
Sec. 3103. Other defense activities. 
Sec. 3104. Defense nuclear waste disposal. 
Sec. 3105. Funding table. 
Subtitle B—Program Authorizations, Restrictions, and Limitations 
Sec. 3111. Nuclear weapons stockpile life extension program. 
Sec. 3112. Elimination of nuclear weapons life extension program from exception 
to requirement to request funds in budget of the President. 
Sec. 3113. Repeal of Reliable Replacement Warhead program. 
Sec. 3114. Authorization of use of International Nuclear Materials Protection and 
Cooperation program funds for bilateral and multilateral non-
proliferation and disarmament activities. 
Sec. 3115. Repeal of prohibition on funding activities associated with inter-
national cooperative stockpile stewardship. 
Sec. 3116. Modification of minor construction threshold for plant projects. 
Sec. 3117. Two-year extension of authority for appointment of certain scientific, 
engineering, and technical personnel. 
Sec. 3118. Repeal of sunset date for consolidation of counterintelligence programs 
of Department of Energy and National Nuclear Security Admin-
istration.
† HR 2647 EAS 
Subtitle C—Other Matters 
Sec. 3131. Ten-year plan for utilization and funding of certain Department of 
Energy facilities. 
Sec. 3132. Review of management and operation of certain national laboratories. 
Sec. 3133. Inclusion in 2010 stockpile stewardship plan of certain information 
relating to stockpile stewardship criteria. 
Sec. 3134. Comptroller General of the United States review of projects carried out 
by the Office of Environmental Management of the Department 
of Energy pursuant to the American Recovery and Reinvestment 
Act of 2009. 
Sec. 3135. Identification in budget materials of amounts for certain Department 
of Energy pension obligations. 
Sec. 3136. Expansion of authority of Ombudsman of Energy Employees Occupa-
tional Illness Compensation Program. 
Sec. 3137. Comptroller General study of stockpile stewardship program. 
Sec. 3138. Sense of the Senate on production of molybdenum–99. 
TITLE XXXII—DEFENSE NUCLEAR FACILITIES SAFETY BOARD 
Sec. 3201. Authorization. 
TITLE XXXIII—MARITIME ADMINISTRATION 
Sec. 3301. Maritime Administration. 
DIVISION D—FUNDING TABLES 
Sec. 4001. Authorization of amounts in funding tables. 
TITLE XLI—PROCUREMENT 
Sec. 4101. Procurement. 
Sec. 4102. Procurement for overseas contingency operations. 
TITLE XLII—RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 
Sec. 4201. Research, development, test, and evaluation. 
Sec. 4202. Research, development, test, and evaluation for overseas contingency 
operations. 
TITLE XLIII—OPERATION AND MAINTENANCE 
Sec. 4301. Operation and maintenance. 
Sec. 4302. Operation and maintenance for overseas contingency operations. 
TITLE XLIV—OTHER AUTHORIZATIONS 
Sec. 4401. Other authorizations. 
Sec. 4402. Other authorizations for overseas contingency operations. 
TITLE XLV—MILITARY CONSTRUCTION AUTHORIZATIONS 
Sec. 4501. Military construction. 
Sec. 4502. 2005 base realignment and closure round FY 2010 project listing. 
Sec. 4503. American Recovery and Reinvestment Act military construction. 
Sec. 4504. Military construction for overseas contingency operations.
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TITLE XLVI—DEPARTMENT OF ENERGY NATIONAL SECURITY 
PROGRAMS 
Sec. 4601. Department of Energy national security programs. 
DIVISION E—MATTHEW SHEPARD HATE CRIMES PREVENTION ACT 
Sec. 4701. Short title. 
Sec. 4702. Findings. 
Sec. 4703. Definition of hate crime. 
Sec. 4704. Support for criminal investigations and prosecutions by State, local, 
and tribal law enforcement officials. 
Sec. 4705. Grant program. 
Sec. 4706. Authorization for additional personnel to assist State, local, and tribal 
law enforcement. 
Sec. 4707. Prohibition of certain hate crime acts. 
Sec. 4708. Statistics. 
Sec. 4709. Severability. 
Sec. 4710. Rule of construction. 
Sec. 4711. Construction and application. 
Sec. 4712. Limitation on prosecutions. 
Sec. 4713. Guidelines for hate-crimes offenses. 
Sec. 4714. Attacks on United States servicemen. 
DIVISION F—SBIR/STTR REAUTHORIZATION 
Sec. 5001. Short title. 
Sec. 5002. Definitions. 
TITLE LI—REAUTHORIZATION OF THE SBIR AND STTR PROGRAMS 
Sec. 5101. Extension of termination dates. 
Sec. 5102. Status of the Office of Technology. 
Sec. 5103. SBIR allocation increase. 
Sec. 5104. STTR allocation increase. 
Sec. 5105. SBIR and STTR award levels. 
Sec. 5106. Agency and program collaboration. 
Sec. 5107. Elimination of Phase II invitations. 
Sec. 5108. Majority-venture investments in SBIR firms. 
Sec. 5109. SBIR and STTR special acquisition preference. 
Sec. 5110. Collaborating with Federal laboratories and research and development 
centers. 
Sec. 5111. Notice requirement. 
TITLE LII—OUTREACH AND COMMERCIALIZATION INITIATIVES 
Sec. 5201. Rural and State outreach. 
Sec. 5202. SBIR–STEM Workforce Development Grant Pilot Program. 
Sec. 5203. Technical assistance for awardees. 
Sec. 5204. Commercialization program at Department of Defense. 
Sec. 5205. Commercialization Pilot Program for civilian agencies. 
Sec. 5206. Nanotechnology initiative. 
Sec. 5207. Accelerating cures. 
TITLE LIII—OVERSIGHT AND EVALUATION 
Sec. 5301. Streamlining annual evaluation requirements. 
Sec. 5302. Data collection from agencies for SBIR.
† HR 2647 EAS 
Sec. 5303. Data collection from agencies for STTR. 
Sec. 5304. Public database. 
Sec. 5305. Government database. 
Sec. 5306. Accuracy in funding base calculations. 
Sec. 5307. Continued evaluation by the National Academy of Sciences. 
Sec. 5308. Technology insertion reporting requirements. 
Sec. 5309. Intellectual property protections. 
TITLE LIV—POLICY DIRECTIVES 
Sec. 5401. Conforming amendments to the SBIR and the STTR Policy Direc-
tives. 
Sec. 5402. Priorities for certain research initiatives. 
Sec. 5403. Report on SBIR and STTR program goals. 
Sec. 5404. Competitive selection procedures for SBIR and STTR programs. 
DIVISION G—MARITIME ADMINISTRATION AUTHORIZATION 
TITLE LX—MARITIME ADMINISTRATION 
Sec. 6001. Short title. 
Sec. 6002. Cooperative agreements, administrative expenses, and contracting au-
thority. 
Sec. 6003. Use of funding for DOT maritime heritage property. 
Sec. 6004. Liquidation of unused leave balance at the Merchant Marine Academy. 
Sec. 6005. Permanent authority to hire adjunct professors at the Merchant Ma-
rine Academy. 
Sec. 6006. Use of midshipman fees. 
Sec. 6007. Construction of vessels in the United States policy. 
Sec. 6008. Port infrastructure development program. 
Sec. 6009. Reefs for marine life conservation program. 
Sec. 6010. Student incentive payment agreements. 
Sec. 6011. United States merchant marine academy graduate program receipt, 
disbursement, and accounting for non-appropriated funds. 
Sec. 6012. America’s short sea transportation grants for the development of ma-
rine highways. 
Sec. 6013. Expansion of the marine view system. 
Sec. 6014. Authorization of appropriations for fiscal year 2010. 
SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES. 
For purposes of this Act, the term ‘‘congressional de-
fense committees’’ has the meaning given that term in sec-
tion 101(a)(16) of title 10, United States Code.
† HR 2647 EAS 
DIVISION A—DEPARTMENT OF 
DEFENSE AUTHORIZATIONS 
TITLE I—PROCUREMENT 
Subtitle A—Authorization of 
Appropriations 
SEC. 101. ARMY. 
Funds are hereby authorized to be appropriated for fis-
cal year 2010 for procurement for the Army as follows: 
(1) For aircraft, $5,144,891,000. 
(2) For missiles, $1,375,109,000. 
(3) For weapons and tracked combat vehicles, 
$2,451,952,000. 
(4) For ammunition, $2,059,895,000. 
(5) For other procurement, $9,617,991,000. 
SEC. 102. NAVY AND MARINE CORPS. 
(a) NAVY.—Funds are hereby authorized to be appro-
priated for fiscal year 2010 for procurement for the Navy 
as follows: 
(1) For aircraft, $18,655,412,000. 
(2) For weapons, including missiles and tor-
pedoes, $3,515,455,000. 
(3) 
For 
shipbuilding 
and 
conversion, 
$13,776,867,000. 
(4) For other procurement, $5,595,176,000.
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(b) MARINE CORPS.—Funds are hereby authorized to 
be appropriated for fiscal year 2010 for procurement for 
the Marine Corps in the amount of $1,600,638,000. 
(c) NAVY AND MARINE CORPS AMMUNITION.—Funds 
are hereby authorized to be appropriated for fiscal year 
2010 for procurement of ammunition for the Navy and the 
Marine Corps in the amount of $840,675,000. 
SEC. 103. AIR FORCE. 
Funds are hereby authorized to be appropriated for fis-
cal year 2010 for procurement for the Air Force as follows: 
(1) For aircraft, $13,077,876,000. 
(2) For missiles, $6,107,728,000. 
(3) For ammunition, $822,462,000. 
(4) For other procurement, $17,245,341,000. 
SEC. 104. DEFENSE-WIDE ACTIVITIES. 
Funds are hereby authorized to be appropriated for fis-
cal year 2010 for Defense-wide procurement as follows: 
(1) 
For 
Defense-wide 
procurement, 
$4,050,052,000. 
(2) 
For 
the 
Rapid 
Acquisition 
Fund, 
$79,300,000. 
(3) For the Mine Resistant Ambush Protected 
Vehicle Fund, $1,200,000,000.
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SEC. 105. FUNDING TABLE. 
The amounts authorized to be appropriated by sections 
101, 102, 103, and 104 shall be available, in accordance 
with the requirements of section 4001, for projects, pro-
grams, and activities, and in the amounts, specified in the 
funding table in section 4101. 
SEC. 106. ELIMINATION OF F–22A AIRCRAFT PROCUREMENT 
FUNDING. 
(a) ELIMINATION OF FUNDING.—The amount author-
ized to be appropriated by section 103(1) for procurement 
for the Air Force for aircraft procurement is hereby de-
creased by $1,750,000,000, with the amount of the decrease 
to be derived from amounts available for F–22A aircraft 
procurement. 
(b) RESTORED FUNDING.— 
(1) OPERATION AND MAINTENANCE, ARMY.—The 
amount authorized to be appropriated by section 
301(1) for operation and maintenance for the Army 
is hereby increased by $350,000,000. 
(2) OPERATION AND MAINTENANCE, NAVY.—The 
amount authorized to be appropriated by section 
301(2) for operation and maintenance for the Navy 
is hereby increased by $100,000,000. 
(3) 
OPERATION
AND
MAINTENANCE, 
AIR 
FORCE.—The amount authorized to be appropriated
† HR 2647 EAS 
by section 301(4) for operation and maintenance for 
the Air Force is hereby increased by $250,000,000. 
(4) OPERATION
AND
MAINTENANCE, DEFENSE- 
WIDE.—The amount authorized to be appropriated by 
section 301(5) for operation and maintenance for De-
fense-wide 
activities 
is 
hereby 
increased 
by 
$150,000,000. 
(5) MILITARY PERSONNEL.—The amount author-
ized to be appropriated by section 421(a)(1) for mili-
tary personnel is hereby increased by $400,000,000. 
(6) DIVISION A AND DIVISION B GENERALLY.—In 
addition to the amounts specified in paragraphs (1) 
through (5), the total amount authorized to be appro-
priated for the Department of Defense by divisions A 
and B is hereby increased by $500,000,000. 
Subtitle B—Navy Programs 
SEC. 111. TREATMENT OF LITTORAL COMBAT SHIP PRO-
GRAM AS A MAJOR DEFENSE ACQUISITION 
PROGRAM. 
Effective as of the date of the enactment of this Act, 
the program for the Littoral Combat Ship shall be treated 
as a major defense acquisition program for purposes of 
chapter 144 of title 10, United States Code.
† HR 2647 EAS 
SEC. 112. REPORT ON STRATEGIC PLAN FOR HOMEPORTING 
THE LITTORAL COMBAT SHIP. 
(a) REPORT REQUIRED.—Not later than 90 days after 
the date of the enactment of this Act, the Secretary of the 
Navy shall submit to the congressional defense committees 
a report setting forth the strategic plan of the Navy for 
homeporting the Littoral Combat Ship (LCS) on the East 
Coast and West Coast of the United States. 
(b) ELEMENTS.—The report required by subsection (a) 
shall include the following: 
(1) The requirements for homeporting of the Lit-
toral Combat ship of the commanders of the combat-
ant commands, set forth by geographic area of respon-
sibility (AOR). 
(2) A description of the manner in which the 
Navy will meet the requirements identified under 
paragraph (1). 
(3) An assessment of the effect of each type of 
Littoral Combat Ship on each port in which such 
ship could be homeported. 
(4) A map, based on the current plan of 55 Lit-
toral Combat Ships, identifying where each ship will 
homeport and how such ports will accommodate both 
types of Littoral Combat Ships, based on the current 
program and a 313-ship Navy.
† HR 2647 EAS 
(5) An estimate of the costs of infrastructure re-
quired for Littoral Combat Ships at each homeport, 
including— 
(A) existing infrastructure; and 
(B) such upgraded infrastructure as may be 
required. 
SEC. 113. PROCUREMENT PROGRAMS FOR FUTURE NAVAL 
SURFACE COMBATANTS. 
(a) LIMITATION ON AVAILABILITY OF FUNDS PENDING 
REPORTS ABOUT SURFACE COMBATANT SHIPBUILDING 
PROGRAMS.—The Secretary of the Navy may not obligate 
or expend funds for the construction of, or advanced pro-
curement of materials for, a surface combatant to be con-
structed after fiscal year 2011 until the Secretary has sub-
mitted to Congress each of the following: 
(1) An acquisition strategy for such surface com-
batants that has been approved by the Department of 
Defense. 
(2) The results of reviews by the Joint Require-
ments Oversight Council for an Acquisition Category 
I program that supports the need for an acquisition 
strategy to procure surface combatants after fiscal 
year 2011. 
(3) A verification by an independent review 
panel convened by the Secretary of Defense that, in
† HR 2647 EAS 
(6) A verification by the commanders of the com-
batant commands that the shipbuilding program for 
the vessels concerned would be preferable to the surface 
combatants included in the 2009 shipbuilding plan 
for the vessels concerned in meeting all of their future 
mission requirements. 
(7) A joint review by the Navy and the Missile 
Defense Agency setting forth additional requirements 
for investment in Aegis ballistic missile defense 
(BMD) beyond the number of DDG–51 and CG–47 
vessels planned to be equipped for this mission area 
in the budget of the President for fiscal year 2010 (as 
submitted to Congress pursuant to section 1105 of 
title 31, United States Code). 
(b) FUTURE
SURFACE
COMBATANT
ACQUISITION 
STRATEGY.—Not later than the date upon which President 
submits to Congress the budget for fiscal year 2012 (as so 
submitted), the Secretary of the Navy shall submit to the 
congressional defense committees a plan to provide for full 
and open competition on the combat systems for surface 
combatants proposed in the future-years defense program 
submitted to Congress under section 221 of title 10, United 
States Code, together with such budget. The plan shall in-
clude specifics on the intent of the Navy to satisfy criteria 
described in subsection (a) and evaluate applicable tech-
† HR 2647 EAS 
nologies during the request for proposal and selection proc-
ess. 
(c) NAVAL SURFACE FIRE SUPPORT.—Not later than 
120 days after the enactment of this Act, the Secretary of 
the Navy shall submit to the congressional defense commit-
tees an update to the March 2006 Report to Congress on 
Naval Surface Fire Support. The update shall identify how 
the Department of Defense intends to address any shortfalls 
between required naval surface fire support capability and 
the plan of the Navy to provide that capability. The update 
shall include addenda by the Chief of Naval Operations and 
Commandant of the Marine Corps, as was the case in the 
2006 report. 
(d) TECHNOLOGY ROADMAP FOR FUTURE SURFACE 
COMBATANTS AND FLEET MODERNIZATION.— 
(1) IN GENERAL.—Not later than 120 days after 
the date of the enactment of this Act, the Secretary of 
the Navy shall develop a plan to incorporate into sur-
face combatants constructed after 2011, and into fleet 
modernization programs, the technologies developed 
for the DDG–1000 destroyer and the DDG–51 and 
CG–47 Aegis ships, including the following: 
(A) For the DDG–1000 destroyer— 
(i) combat system;
† HR 2647 EAS 
(ii) multi-function and dual-band ra-
dars; 
(iii) hull, mechanical and electrical 
systems achieving significant manpower 
savings; and 
(iv) integrated electric propulsion tech-
nologies. 
(B) For the DDG–51 and CG–47 Aegis 
ships— 
(i) combat system, including missile 
defense capability; 
(ii) hull, mechanical and electrical sys-
tems achieving manpower savings; and 
(iii) anti-submarine warfare sensor 
systems designed for operating in open 
ocean areas. 
(2) SCOPE
OF
PLAN.—The plan required by 
paragraph (1) shall include sufficient detail for sys-
tems and subsystems to ensure that the plan— 
(A) avoids redundant development for com-
mon functions; 
(B) reflects implementation of Navy plans 
for achieving an open architecture for all naval 
surface combat systems; and 
(C) fosters full and open competition.
† HR 2647 EAS 
(e) DEFINITION.—In this section: 
(1) The term ‘‘2009 shipbuilding plan’’ means 
the 30-year shipbuilding plan submitted to Congress 
pursuant to section 231, title 10, United States Code, 
together with the budget of the President for fiscal 
year 2009 (as submitted to Congress pursuant to sec-
tion 1105 of title 31, United States Code). 
(2) The term ‘‘surface combatant’’ means a 
cruiser, a destroyer, or any naval vessel under a pro-
gram currently designated as a future surface combat-
ant program. 
SEC. 114. REPORT ON A SERVICE LIFE EXTENSION PRO-
GRAM FOR OLIVER HAZARD PERRY CLASS 
FRIGATES. 
Not later than 90 days after the date of the enactment 
of this Act, the Secretary of the Navy shall submit to the 
congressional defense committees a report setting forth the 
following: 
(1) A detailed analysis of a service life extension 
program (SLEP) for the Oliver Hazard Perry class 
frigates (FFGs), including— 
(A) the cost of the program; 
(B) a schedule for the program; and 
(C) the shipyards available to carry out the 
work under the program.
† HR 2647 EAS 
(2) A detailed plan of the Navy for achieving a 
313-ship fleet as contemplated by the 2006 Quadren-
nial Defense Review, including a comparison for pur-
poses of that plan of decommissioning Oliver Hazard 
Perry class frigates as scheduled with extending the 
service life of such frigates under the service life exten-
sion program. 
(3) The strategic plan of the Navy for the man-
ner in which the Littoral Combat Ship (LCS) will 
fulfill the roles and missions currently performed by 
the Oliver Hazard Perry class frigates as they are de-
commissioned. 
(4) The strategic plan of the Navy for the Lit-
toral Combat Ship if the extension of the service life 
of the Oliver Hazard Perry class frigates alleviates 
demand arising under the current capabilities gap in 
the Littoral Combat Ship. 
(5) A description of the manner in which the 
Navy has met the needs of the United States Southern 
Command over time, including the assets and vessels 
the Navy has deployed for military-to-military en-
gagements, UNITAS exercises, and counterdrug oper-
ations in support of the Commander of the United 
States Southern Command during the five-year pe-
riod ending on the date of the report.
† HR 2647 EAS 
SEC. 115. COMPETITIVE BIDDING FOR PROCUREMENT OF 
STEAM TURBINES FOR SHIPS SERVICE TUR-
BINE GENERATORS AND MAIN PROPULSION 
TURBINES FOR OHIO-CLASS SUBMARINE RE-
PLACEMENT PROGRAM. 
The Secretary of the Navy shall take measures to en-
sure competition, or the option of competition, for steam 
turbines for the ships service turbine generators and main 
propulsion turbines for the Ohio-class submarine replace-
ment program in accordance with section 202 of the Weap-
ons Systems Acquisition Reform Act of 2009 (Public Law 
111–23; 10 U.S.C. 2430 note). 
Subtitle C—Air Force Matters 
SEC. 121. LIMITATION ON RETIREMENT OF C–5 AIRCRAFT. 
(a) LIMITATION.—The Secretary of the Air Force may 
not proceed with a decision to retire C–5A aircraft from 
the active inventory of the Air Force in any number that 
would reduce the total number of such aircraft in the active 
inventory below 111 until— 
(1) the Air Force has modified a C–5A aircraft 
to the configuration referred to as the Reliability En-
hancement and Reengining Program (RERP) con-
figuration, as planned under the C–5 System Devel-
opment and Demonstration program as of May 1, 
2003; and
† HR 2647 EAS 
(2) the Director of Operational Test and Evalua-
tion of the Department of Defense— 
(A) conducts an operational evaluation of 
that aircraft, as so modified; and 
(B) provides to the Secretary of Defense and 
the congressional defense committees an oper-
ational assessment. 
(b) OPERATIONAL EVALUATION.—An operational eval-
uation for purposes of paragraph (2)(A) of subsection (a) 
is an evaluation, conducted during operational testing and 
evaluation of the aircraft, as so modified, of the performance 
of the aircraft with respect to reliability, maintainability, 
and availability and with respect to critical operational 
issues. 
(c) OPERATIONAL ASSESSMENT.—An operational as-
sessment for purposes of paragraph (2)(B) of subsection (a) 
is an operational assessment of the program to modify C– 
5A aircraft to the configuration referred to in subsection 
(a)(1) regarding both overall suitability and deficiencies of 
the program to improve performance of the C–5A aircraft 
relative to requirements and specifications for reliability, 
maintainability, and availability of that aircraft as in ef-
fect on May 1, 2003. 
(d) ADDITIONAL LIMITATIONS
ON RETIREMENT
OF 
AIRCRAFT.—The Secretary of the Air Force may not retire
† HR 2647 EAS 
C–5 aircraft from the active inventory as of the date of this 
Act until the later of the following: 
(1) The date that is 150 days after the date on 
which the Director of Operational Test and Evalua-
tion submits the report referred to in subsection 
(a)(2)(B). 
(2) The date that is 120 days after the date on 
which the Secretary submits the report required under 
subsection (e). 
(3) The date that is 30 days after the date on 
which the Secretary certifies to the congressional de-
fense committees that— 
(A) the retirement of such aircraft will not 
increase the operational risk of meeting the Na-
tional Defense Strategy; and 
(B) the retirement of such aircraft will not 
reduce the total strategic airlift force structure 
below 324 strategic airlift aircraft. 
(e) REPORT ON RETIREMENT OF AIRCRAFT.—The Sec-
retary of the Air Force shall submit to the congressional 
defense committees a report setting forth the following: 
(1) The rationale for the retirement of existing 
C–5 aircraft and a cost/benefit analysis of alternative 
strategic airlift force structures, including the force
† HR 2647 EAS 
structure that would result from the retirement of 
such aircraft. 
(2) An assessment of the costs and benefits of ap-
plying the Reliability Enhancement and Re-engining 
Program (RERP) modification to the entire the C–5A 
aircraft fleet. 
(3) An assessment of the implications for the Air 
Force, the Air National Guard, and the Air Force Re-
serve of operating a mix of C–5A aircraft and C–5M 
aircraft. 
(4) An assessment of the costs and benefits of in-
creasing the number of C–5 aircraft in Back-up Air-
craft Inventory (BAI) status as a hedge against fu-
ture requirements of such aircraft. 
(5) An assessment of the costs, benefits, and im-
plications of transferring C–5 aircraft to United 
States flag carriers operating in the Civil Reserve Air 
Fleet (CRAF) program or to coalition partners in 
lieu of the retirement of such aircraft. 
(6) Such other matters relating to the retirement 
of C–5 aircraft as the Secretary considers appro-
priate. 
(f) MAINTENANCE
OF
AIRCRAFT
UPON
RETIRE-
MENT.—The Secretary of the Air Force shall maintain any 
C–5 aircraft retired after the date of the enactment of this
† HR 2647 EAS 
Act in Type 1000 storage until opportunities for the trans-
fer of such aircraft as described in subsection (e)(5) have 
been fully exhausted. 
SEC. 122. REVISED AVAILABILITY OF CERTAIN FUNDS 
AVAILABLE FOR THE F–22A FIGHTER AIR-
CRAFT. 
(a) REPEAL OF AUTHORITY ON AVAILABILITY OF FIS-
CAL YEAR 2009 FUNDS.—Section 134 of the Duncan Hun-
ter National Defense Authorization Act for Fiscal Year 2009 
(Public Law 110–417; 122 Stat. 4378) is repealed. 
(b) AVAILABILITY OF ADVANCE PROCUREMENT FUNDS 
FOR OTHER F–22A AIRCRAFT MODERNIZATION PRIOR-
ITIES.—Subject to the provisions of appropriations Acts 
and applicable requirements relating to the transfer of 
funds, the Secretary of the Air Force may transfer amounts 
authorized to be appropriated for fiscal year 2009 by sec-
tion 103(1) for aircraft procurement for the Air Force and 
available for advance procurement for the F–22A fighter 
aircraft within that subaccount or to other subaccounts for 
aircraft procurement for the Air Force for purposes of pro-
viding funds for other modernization priorities with respect 
to the F–22A fighter aircraft.
† HR 2647 EAS 
SEC. 123. REPORT ON POTENTIAL FOREIGN MILITARY 
SALES OF THE F–22A FIGHTER AIRCRAFT. 
(a) REPORT REQUIRED.—Not later than 180 days 
after the date of the enactment of this Act, the Secretary 
of Defense shall, in coordination with the Secretary of State 
and in consultation with the Secretary of the Air Force, 
submit to the congressional defense committees, the Com-
mittee on Foreign Relations of the Senate, and the Com-
mittee on Foreign Affairs of the House of Representatives 
a report on potential foreign military sales of the F–22A 
fighter aircraft. 
(b) ELEMENTS.—The report required by subsection (a) 
shall include the following: 
(1) An estimate of the costs to the United States 
Government, industry, and any foreign military sales 
customer of developing an exportable version of the F– 
22A fighter aircraft. 
(2) An assessment whether an exportable version 
of the F–22A fighter aircraft is technically feasible 
and executable, and, if so, a timeline for achieving an 
exportable version of the aircraft. 
(3) An assessment of the potential strategic im-
plications of permitting foreign military sales of the 
F–22A fighter aircraft. 
(4) An assessment of the impact of foreign mili-
tary sales of the F–22A fighter aircraft on the United
† HR 2647 EAS 
States aerospace and aviation industry, and the ad-
vantages and disadvantages of such sales for sus-
taining that industry. 
(5) An identification of any modifications to 
current law that are required to authorize foreign 
military sales of the F–22A fighter aircraft. 
(c) ADDITIONAL REPORT REQUIRED.—Not later than 
180 days after the date of the enactment of this Act, the 
Secretary of Defense shall provide for a federally funded 
research and development center which will submit to the 
congressional defense committees, the Committee on Foreign 
Relations of the Senate, and the Committee on Foreign Af-
fairs of the House of Representatives, through the Secretary 
of Defense, a report on potential foreign military sales of 
the F–22A fighter aircraft, addressing the same elements 
as in subsection (b) of this section. 
SEC. 124. NEXT GENERATION BOMBER AIRCRAFT. 
(a) FINDINGS.—Congress makes the following findings: 
(1) Long-range strike is a critical mission in 
which the United States needs to retain a credible 
and dominant capability. 
(2) Long range, penetrating strike systems pro-
vide— 
(A) a hedge against being unable to obtain 
access to forward bases for political reasons;
† HR 2647 EAS 
(B) a capacity to respond quickly to contin-
gencies; 
(C) the ability to base outside the reach of 
emerging adversary anti-access and area-denial 
capabilities; and 
(D) the ability to impose disproportionate 
defensive costs on prospective adversaries of the 
United States. 
(3) The 2006 Quadrennial Defense Review found 
that there was a requirement for a next generation 
bomber aircraft and directed the United States Air 
Force to ‘‘develop a new land-based, penetrating long 
range strike capability to be fielded by 2018’’. 
(4) On April 6, 2009, Secretary Gates an-
nounced that the United States ‘‘will not pursue a de-
velopment program for a follow-on Air Force bomber 
until we have a better understanding of the need, the 
requirement and the technology’’. 
(5) On May 7, 2009, President Barack Obama 
announced the termination of the next generation 
bomber aircraft program in the document of the Of-
fice of Management and Budget entitled ‘‘Termi-
nations, Reductions, and Savings’’, stating that 
‘‘there is no urgent need to begin an expensive devel-
opment program for a new bomber’’ and that ‘‘the fu-
† HR 2647 EAS 
ture bomber fleet may not be affordable over the next 
six years’’. 
(6) The United States will need a new long- 
range strike capability because the conflicts of the fu-
ture will likely feature heavily defended airspace, due 
in large part to the proliferation of relatively inex-
pensive, but sophisticated and deadly, air defense sys-
tems. 
(7) General Michael Maples, the Director of the 
Defense Intelligence Agency, noted during a March 
10, 2009, hearing of the Committee on Armed Serv-
ices of the Senate on worldwide threats that ‘‘Russia, 
quite frankly, is the developer of most of those [ad-
vanced air defense] systems and is exporting those 
systems both to China and to other countries in the 
world’’. 
(8) The Final Report of the Congressional Com-
mission on the Strategic Posture of the United States, 
submitted to Congress on May 6, 2009, states that 
‘‘[t]he bomber force is valuable particularly for ex-
tending deterrence in time of crisis, as their deploy-
ment is visible and signals U.S. commitment. Bomb-
ers also impose a significant cost burden on potential 
adversaries in terms of the need to invest in advanced 
air defenses’’.
† HR 2647 EAS 
(9) The commanders of the United States Pacific 
Command, the United States Strategic Command, 
and the United States Joint Forces Command have 
each testified before the Committee on Armed Services 
of the Senate in support of the capability that the 
next generation bomber aircraft would provide. 
(10) On June 17, 2009, General James Cart-
wright, Vice-Chairman of the Joint Chiefs of Staff 
and chair of the Joint Requirements Oversight Coun-
cil, stated during a hearing before the Committee on 
Armed Services of the Senate that ‘‘the nation needs 
a new bomber’’. 
(11) Nearly half of the United States bomber air-
craft inventory (47 percent) pre-dates the Cuban Mis-
sile Crisis. 
(12) The only air-breathing strike platforms the 
United States possesses today with reach and surviv-
ability to have a chance of successfully executing mis-
sions more than 1,000 nautical miles into enemy ter-
ritory from the last air-to-air refueling are 16 combat 
ready B-2 bomber aircraft. 
(13) The B-2 bomber aircraft was designed in 
the 1980s and achieved initial operational capability 
over a decade ago.
† HR 2647 EAS 
(14) The crash of an operational B-2 bomber air-
craft during takeoff at Guam in early 2008 indicates 
that attrition can and does occur even in peacetime. 
(15) The primary mission requirement of the 
next generation bomber aircraft is the ability to strike 
targets anywhere on the globe with whatever weapons 
the contingency requires. 
(16) The requisite aerodynamic, structural, and 
low-observable technologies to develop the next genera-
tion bomber aircraft already exist in fifth-generation 
fighter aircraft. 
(b) POLICY ON CONTINUED DEVELOPMENT OF NEXT 
GENERATION BOMBER AIRCRAFT IN FISCAL YEAR 2010.— 
It is the policy of the United States to support a develop-
ment program for next generation bomber aircraft tech-
nologies. 
SEC. 125. AC–130 GUNSHIPS. 
(a) REPORT ON REDUCTION IN SERVICE LIFE IN CON-
NECTION WITH ACCELERATED DEPLOYMENT.—Not later 
than 90 days after the date of the enactment of this Act, 
the Secretary of the Air Force, in consultation with the 
United States Special Operations Command, shall submit 
to the congressional defense committees an assessment of the 
reduction in the service life of AC–130 gunships of the Air 
Force as a result of the accelerated deployments of such
† HR 2647 EAS 
gunships that are anticipated during the seven- to ten-year 
period beginning with the date of the enactment of this Act, 
assuming that operating tempo continues at a rate per year 
of the average of their operating rate for the last five years. 
(b) ELEMENTS.—The report required by subsection (a) 
shall include the following: 
(1) An estimate by series of the maintenance 
costs for the AC–130 gunships during the period de-
scribed in subsection (a), including any major air-
frame and engine overhauls of such aircraft antici-
pated during that period. 
(2) A description by series of the age, service-
ability, and capabilities of the armament systems of 
the AC–130 gunships. 
(3) An estimate by series of the costs of modern-
izing the armament systems of the AC–130 gunships 
to achieve any necessary capability improvements. 
(4) A description by series of the age and capa-
bilities of the electronic warfare systems of the AC– 
130 gunships, and an estimate of the cost of upgrad-
ing such systems during that period to achieve any 
necessary capability improvements. 
(5) A description by series of the age of the avi-
onics systems of the AC–130 gunships, and an esti-
mate of the cost of upgrading such systems during
† HR 2647 EAS 
that period to achieve any necessary capability im-
provements. 
(c) FORM.—The report required by subsection (a) shall 
be submitted in unclassified form, but may include a classi-
fied annex. 
(d) ANALYSIS OF ALTERNATIVES.—The Secretary of 
the Air Force, in consultation with the United States Spe-
cial Operations Command, shall conduct an analysis of al-
ternatives for any gunship modernization requirements 
identified by the 2009 quadrennial defense review under 
section 118 of title 10, United States Code. The results of 
the analysis of alternatives shall be provided to the congres-
sional defense committees not later than 18 months after 
the completion of the 2009 quadrennial defense review. 
SEC. 126. REPORT ON E–8C JOINT SURVEILLANCE AND TAR-
GET ATTACK RADAR SYSTEM RE-ENGINING. 
(a) IN GENERAL.—Not later than 60 days after the 
date of the enactment of this Act, the Secretary of the Air 
Force shall submit to the congressional defense committees 
a report on replacing the engines of E-8C Joint Surveil-
lance and Target Attack Radar System (Joint STARS) air-
craft. The report shall include the following: 
(1) An assessment of funding alternatives and 
options for accelerating funding for the fielding of 
Joint STARS aircraft with replaced engines.
† HR 2647 EAS 
(2) An analysis of the tradeoffs involved in the 
decision to replace the engines of Joint STARS air-
craft or not to replace those engines, including the po-
tential cost savings from replacing those engines and 
the operational impacts of not replacing those en-
gines. 
(3) An identification of the optimum path for-
ward for replacing the engines of Joint STARS air-
craft and modernizing the Joint STARS fleet. 
(b) LIMITATION ON CERTAIN ACTIONS.—The Secretary 
of the Air Force may not take any action that would ad-
versely impact the pace of the execution of the program to 
replace the engines of Joint STARS aircraft before submit-
ting the report required by subsection (a). 
Subtitle D—Joint and Multiservice 
Matters 
SEC. 131. MODIFICATION OF NATURE OF DATA LINK UTILIZ-
ABLE BY TACTICAL UNMANNED AERIAL VEHI-
CLES. 
Section 141(a)(1) of the National Defense Authoriza-
tion Act for Fiscal Year 2006 (Public Law 109–163; 119 
Stat. 3164) is amended by striking ‘‘, until such time as 
the Tactical Common Data Link is replace by an updated 
standard for use by those vehicles’’ and inserting ‘‘or a data
† HR 2647 EAS 
link that uses waveform capable of transmitting and receiv-
ing Internet Protocol communications’’. 
TITLE II—RESEARCH, DEVELOP-
MENT, TEST, AND EVALUA-
TION 
Subtitle A—Authorization of 
Appropriations 
SEC. 201. AUTHORIZATION OF APPROPRIATIONS. 
(a) IN GENERAL.—Funds are hereby authorized to be 
appropriated for fiscal year 2010 for the use of the Depart-
ment of Defense for research, development, test, and evalua-
tion as follows: 
(1) For the Army, $10,863,003,000. 
(2) For the Navy, $19,597,696,000. 
(3) For the Air Force, $28,693,952,000. 
(4) For Defense-wide activities, $20,555,270,000. 
(5) For Operational Test and Evaluation, De-
fense, $190,770,000. 
(b) FUNDING TABLE.—The amounts authorized to be 
appropriated by subsection (a) shall be available, in accord-
ance with the requirements of section 4001, for projects, pro-
grams, and activities, and in the amounts, specified in the 
funding table in section 4201.
† HR 2647 EAS 
Subtitle B—Program Requirements, 
Restrictions, and Limitations 
SEC. 211. LIMITATION ON USE OF FUNDS FOR AN ALTER-
NATIVE PROPULSION SYSTEM FOR THE F–35 
JOINT STRIKE FIGHTER PROGRAM; INCREASE 
IN FUNDING FOR PROCUREMENT OF UH–1Y/ 
AH–1Z ROTARY WING AIRCRAFT AND FOR 
MANAGEMENT 
RESERVES 
FOR 
THE 
F–35 
JOINT STRIKE FIGHTER PROGRAM. 
(a) LIMITATION ON USE OF FUNDS FOR AN ALTER-
NATIVE PROPULSION SYSTEM FOR THE F–35 JOINT STRIKE 
FIGHTER PROGRAM.—None of the funds authorized to be 
appropriated or otherwise made available by this Act may 
be obligated or expended for the development or procurement 
of an alternate propulsion system for the F–35 Joint Strike 
Fighter program until the Secretary of Defense submits to 
the congressional defense committees a certification in writ-
ing that the development and procurement of the alternate 
propulsion system— 
(1) will— 
(A) reduce the total life-cycle costs of the F– 
35 Joint Strike Fighter program; and 
(B) improve the operational readiness of the 
fleet of F–35 Joint Strike Fighter aircraft; and 
(2) will not—
† HR 2647 EAS 
(A) disrupt the F–35 Joint Strike Fighter 
program during the research, development, and 
procurement phases of the program; or 
(B) result in the procurement of fewer F–35 
Joint Strike Fighter aircraft during the life cycle 
of the program. 
(b) ADDITIONAL AMOUNT FOR UH–1Y/AH–1Z RO-
TARY WING AIRCRAFT.—The amount authorized to be ap-
propriated by section 102(a)(1) for aircraft procurement for 
the Navy is increased by $282,900,000, with the amount 
of the increase to be allocated to amounts available for the 
procurement of UH–1Y/AH–1Z rotary wing aircraft. 
(c) RESTORATION OF MANAGEMENT RESERVES FOR 
F–35 JOINT STRIKE FIGHTER PROGRAM.— 
(1) NAVY JOINT STRIKE FIGHTER.—The amount 
authorized to be appropriated by section 201(a)(2) for 
research, development, test, and evaluation for the 
Navy is hereby increased by $78,000,000, with the 
amount of the increase to be allocated to amounts 
available for the Joint Strike Fighter program (PE # 
0604800N) for management reserves. 
(2) AIR
FORCE
JOINT
STRIKE
FIGHTER.—The 
amount authorized to be appropriated by section 
201(a)(3) for research, development, test, and evalua-
tion for the Air Force is hereby increased by
† HR 2647 EAS 
$78,000,000, with the amount of the increase to be al-
located to amounts available for the Joint Strike 
Fighter program (PE # 0604800F) for management 
reserves. 
(d) OFFSETS.— 
(1) NAVY JOINT STRIKE FIGHTER F136 DEVELOP-
MENT.—The amount authorized to be appropriated by 
section 201(a)(2) for research, development, test, and 
evaluation for the Navy is hereby decreased by 
$219,450,000, with the amount of the decrease to be 
derived from amounts available for the Joint Strike 
Fighter (PE # 0604800N) for F136 development. 
(2) AIR FORCE JOINT STRIKE FIGHTER F136 DE-
VELOPMENT.—The amount authorized to be appro-
priated by section 201(a)(3) for research, develop-
ment, test, and evaluation for the Air Force is hereby 
decreased by $219,450,000, with the amount of the de-
crease to be derived from amounts available for the 
Joint Strike Fighter (PE # 0604800F) for F136 de-
velopment.
† HR 2647 EAS 
SEC. 212. ENHANCEMENT OF DUTIES OF DIRECTOR OF DE-
PARTMENT OF DEFENSE TEST RESOURCE 
MANAGEMENT CENTER WITH RESPECT TO 
THE MAJOR RANGE AND TEST FACILITY BASE. 
(a) AUTHORITY TO REVIEW PROPOSALS FOR SIGNIFI-
CANT CHANGES.—Section 196(c) of title 10, United States 
Code, is amended— 
(1) in paragraph (1), by redesignating subpara-
graphs (A) and (B) as clauses (i) and (ii), respec-
tively; 
(2) by redesignating paragraphs (1) through (4) 
as subparagraphs (A) through (D), respectively; 
(3) by inserting ‘‘(1)’’ before ‘‘The Director’’; 
(4) by redesignating subparagraphs (B), (C), 
and (D), as so redesignated, as subparagraphs (C), 
(D), and (E), respectively; and 
(5) by inserting after subparagraph (A), as so 
redesignated, the following new subparagraph (B): 
‘‘(B) To review proposed significant changes to 
the test and evaluation facilities and resources of the 
Major Range and Test Facility Base before they are 
implemented by the Secretaries of the military de-
partments or the heads of the Defense Agencies with 
test and evaluation responsibilities and advise the 
Secretary of Defense and the Under Secretary of Ac-
quisition, Technology, and Logistics of the impact of
† HR 2647 EAS 
such changes on the adequacy of such test and evalua-
tion facilities and resources to meet the test and eval-
uation requirements of the Department.’’. 
(b) ACCESS TO RECORDS AND DATA.—Such section is 
further amended by adding at the end the following new 
paragraph: 
‘‘(2) The Director shall have access to all records and 
data of the test and evaluation activities, facilities, and ele-
ments of the Major Range and Test Facility Base, including 
the records and data of each military department and De-
fense Agency, that the Director considers necessary in order 
to carry out the Director’s duties under paragraph (1)(B).’’. 
SEC. 213. GUIDANCE ON SPECIFICATION OF FUNDING RE-
QUESTED FOR OPERATION, SUSTAINMENT, 
MODERNIZATION, 
AND 
PERSONNEL 
OF 
MAJOR RANGES AND TEST FACILITIES. 
(a) GUIDANCE ON SPECIFICATION OF FUNDING.—The 
Secretary of Defense shall, acting through the Under Sec-
retary of Defense (Comptroller) and the Director of the De-
partment of Defense Test Resource Management Center, 
issue guidance on the specification by the military depart-
ments and Defense Agencies of amounts to be requested in 
the budget of the President for a fiscal year (as submitted 
to Congress pursuant to section 1105(a) of title 31, United 
States Code) for funding for each facility and resource of
† HR 2647 EAS 
the Major Range and Test Facility Base in connection with 
each of the following: 
(1) Operation. 
(2) Sustainment. 
(3) Investment and modernization. 
(4) Government personnel. 
(5) Contractor personnel. 
(b) APPLICABILITY.—The guidance issued under sub-
section (a) shall apply with respect to budgets of the Presi-
dent for fiscal years after fiscal year 2010. 
(c) MAJOR RANGE AND TEST FACILITY BASE DE-
FINED.—In this section, the term ‘‘Major Range and Test 
Facility Base’’ has the meaning given that term in section 
196(h) of title 10, United States Code. 
SEC. 214. PERMANENT AUTHORITY FOR THE JOINT DE-
FENSE 
MANUFACTURING 
TECHNOLOGY 
PANEL. 
Section 2521 of title 10, United States Code, is amend-
ed— 
(1) by redesignating subsection (e) as subsection 
(f); and 
(2) by inserting after subsection (d) the following 
new subsection (e):
† HR 2647 EAS 
‘‘(e) JOINT DEFENSE MANUFACTURING TECHNOLOGY 
PANEL.—(1) There is in the Department of Defense the 
Joint Defense Manufacturing Technology Panel. 
‘‘(2)(A) The Chair of the Joint Defense Manufacturing 
Technology Panel shall be the head of the Panel. The Chair 
shall be appointed, on a rotating basis, from among the ap-
propriate personnel of the military departments and De-
fense Agencies with manufacturing technology programs. 
‘‘(B) The Panel shall be composed of at least one indi-
vidual from among appropriate personnel of each military 
department and Defense Agency with manufacturing tech-
nology programs. The Panel may include as ex-officio mem-
bers such individuals from other government organizations, 
academia, and industry as the Chair considers appropriate. 
‘‘(3) The purposes of the Panel shall be as follows: 
‘‘(A) To identify and integrate requirements for 
the program. 
‘‘(B) To conduct joint planning for the program. 
‘‘(C) To develop joint strategies for the program. 
‘‘(4) In carrying out the purposes specified in para-
graph (3), the Panel shall perform the functions as follows: 
‘‘(A) Conduct comprehensive reviews and assess-
ments of defense-related manufacturing issues being 
addressed by the manufacturing technology programs 
and related activities of the Department of Defense.
† HR 2647 EAS 
‘‘(B) Execute strategic planning to identify joint 
planning opportunities for increased cooperation in 
the development and implementation of technological 
products and the leveraging of funding for such pur-
poses with the private sector and other government 
agencies. 
‘‘(C) Ensure the integration and coordination of 
requirements and programs under the program with 
Office of the Secretary of Defense and other national- 
level initiatives, including the establishment of infor-
mation exchange processes with other government 
agencies, private industry, academia, and profes-
sional associations. 
‘‘(D) Conduct such other functions as the Under 
Secretary of Defense for Acquisition, Technology, and 
Logistics shall specify. 
‘‘(5) The Panel shall report to and receive direction 
from the Director of Defense Research and Engineering on 
manufacturing technology issues of multi-service concern 
and application. 
‘‘(6) The administrative expenses of the Panel shall be 
borne by each military department and Defense Agency 
with manufacturing technology programs in such manner 
as the Panel shall provide.’’.
† HR 2647 EAS 
SEC. 215. EXTENSION AND ENHANCEMENT OF GLOBAL RE-
SEARCH WATCH PROGRAM. 
(a) LIMITATION ON AVAILABILITY OF CERTAIN FUNDS 
FOR MILITARY DEPARTMENTS PENDING PROVISION OF AS-
SISTANCE UNDER PROGRAM.—Subsection (d) of section 
2365 of title 10, United States Code, is amended by adding 
at the end the following new paragraph: 
‘‘(3)(A) Funds available to a military department for 
a fiscal year for monitoring or analyzing the research ac-
tivities and capabilities of foreign nations may not be obli-
gated or expended until the Director certifies to the Under 
Secretary of Defense for Acquisition, Technology, and Lo-
gistics that the Secretary of such military department has 
provided the assistance required under paragraph (2). 
‘‘(B) The limitation in subparagraph (A) shall not be 
construed to alter or effect the availability to a military 
department of funds for intelligence activities.’’. 
(b) FOUR-YEAR
EXTENSION
OF
PROGRAM.—Sub-
section (f) of such section is amended by striking ‘‘Sep-
tember 30, 2011’’ and inserting ‘‘September 30, 2015’’. 
SEC. 216. THREE-YEAR EXTENSION OF AUTHORITY FOR 
PRIZES 
FOR 
ADVANCED 
TECHNOLOGY 
ACHIEVEMENTS. 
Section 2374a(f) of title 10, United States Code, is 
amended by striking ‘‘September 30, 2010’’ and inserting 
‘‘September 30, 2013’’.
† HR 2647 EAS 
SEC. 217. MODIFICATION OF REPORT REQUIREMENTS RE-
GARDING 
DEFENSE 
SCIENCE 
AND 
TECH-
NOLOGY PROGRAM. 
Section 212 of the National Defense Authorization Act 
for Fiscal Year 2000 (10 U.S.C. 2501 note) is amended by 
striking subsection (b), (c), and (d) and inserting the fol-
lowing new subsections: 
‘‘(b) FUNDING OBJECTIVE.—It is the sense of Congress 
that it should be an objective of the Secretary of Defense 
to increase the budget for the Defense Science and Tech-
nology Program, including the science and technology pro-
gram of each military department, for each fiscal year after 
fiscal year 2010 over the budget for that program for the 
preceding fiscal year by a percent that is at least equal to 
the rate of inflation, as determined by the Office of Manage-
ment and Budget. 
‘‘(c) ACTIONS FOLLOWING FAILURE TO COMPLY WITH 
OBJECTIVE.—If the proposed budget of the Department of 
Defense for a fiscal year fails to comply with the objective 
set forth in subsection (b), the Secretary of Defense shall 
submit to the congressional defense committees each of the 
following: 
‘‘(1) Not later than 60 days after the proposed 
budget 
is 
submitted 
to 
Congress, 
a 
detailed, 
prioritized list, including estimates of required fund-
ing, of proposals for science and technology projects
† HR 2647 EAS 
received by the Department through competitive so-
licitations in the fiscal year preceding the fiscal year 
covered by the proposed budget which were not funded 
but represent science and technology opportunities 
that support the research and development programs 
and goals of the military departments and the De-
fense Agencies. 
‘‘(2) Not later than six months after the proposed 
budget is submitted to Congress, an independent as-
sessment, in both classified and unclassified form (as 
necessary), of any research, technology, or engineering 
areas that are of interest to the Department in which 
the United States may not have global technical lead-
ership within the next 10 years. 
‘‘(d) SUNSET.—The requirements of this section shall 
terminate on December 31, 2014.’’. 
SEC. 218. PROGRAMS FOR GROUND COMBAT VEHICLE AND 
SELF PROPELLED HOWITZER CAPABILITIES 
FOR THE ARMY. 
(a) PROGRAMS REQUIRED.— 
(1) IN GENERAL.—The Secretary of Defense shall 
carry out a separate program to achieve each of the 
following: 
(A) The development, test, and fielding of 
an operationally effective, suitable, survivable,
† HR 2647 EAS 
and affordable next generation ground combat 
vehicle for the Army. 
(B) The development, test, and fielding of 
an operationally effective, suitable, survivable, 
and affordable next generation self-propelled 
howitzer capability for the Army. 
(2) COMPLIANCE
WITH
CERTAIN
ACQUISITION 
REQUIREMENTS.—Each program under paragraph 
(1) shall comply with the requirements of the Weap-
ons Systems Acquisition Reform Act of 2009, and the 
amendments made by that Act. 
(b) STRATEGY AND PLAN FOR ACQUISITION.— 
(1) IN
GENERAL.—Not later than March 31, 
2010, the Secretary shall submit to the congressional 
defense committees a report setting forth a strategy 
and plan for the acquisition of weapon systems under 
the programs required by subsection (a). Each strat-
egy and plan shall include measurable goals and ob-
jectives for the acquisition of such weapon systems, 
and shall identify all proposed major development, 
testing, procurement, and fielding events toward the 
achievement of such goals and objectives. 
(2) ELEMENTS.—In developing each strategy 
and plan under paragraph (1), the Secretary shall 
consider the following:
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(A) A single vehicle or family of vehicles 
utilizing a common chassis and automotive com-
ponents. 
(B) The incorporation of weapon, vehicle, 
communications, network, and system of systems 
common operating environment technologies de-
veloped under the Future Combat Systems pro-
gram. 
(c) ANNUAL REPORTS.— 
(1) REPORTS REQUIRED.—The Secretary shall 
submit to the congressional defense committees, at the 
same time the President submits to Congress the 
budget for each of fiscal years 2011 through 2015 (as 
submitted pursuant to section 1105(a) of title 31, 
United States Code), a report on the investments pro-
posed to be made under such budget with respect to 
each program required by subsection (a). 
(2) ELEMENTS.—Each report under paragraph 
(1) shall set forth, for the fiscal year covered by the 
budget with which such report is submitted— 
(A) the manner in which amounts requested 
in such budget would be available for each pro-
gram required by subsection (a); and 
(B) an assessment of the extent to which 
utilizing such amount in such manner would
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improve ground combat capabilities for the 
Army. 
SEC. 219. ASSESSMENT OF TECHNOLOGICAL MATURITY AND 
INTEGRATION RISK OF ARMY MODERNIZA-
TION PROGRAMS. 
(a) ASSESSMENT REQUIRED.—The Director of Defense 
Research and Engineering shall, in consultation with the 
Director of Developmental Test and Evaluation, review and 
assess the technological maturity and integration risk of 
critical technologies (as jointly identified by the Director 
and the Secretary of the Army for purposes of this section) 
of Army modernization programs and appropriate associ-
ated programs, including the programs as follows: 
(1) Manned Ground Vehicle and Ground Combat 
Vehicle. 
(2) Future Combat Systems network hardware 
and software. 
(3) Warfighter Information Network–Tactical, 
Increment 3. 
(4) Joint Tactical Radio System. 
(5) Reconnaissance unmanned aerial vehicles. 
(6) Future Combat Systems Spin Out tech-
nologies.
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(7) Any other programs jointly identified by the 
Director and the Secretary for purposes of this sec-
tion. 
(b) REPORT.—Not later than nine months after the 
date of the enactment of this Act, the Secretary of Defense 
shall submit to the congressional defense committees a re-
port on the technological maturity and integration risk of 
critical technologies of Army modernization and associated 
programs covered by the review and assessment required 
under subsection (a), as determined pursuant to that assess-
ment. 
SEC. 220. ASSESSMENT OF STRATEGY FOR TECHNOLOGY 
FOR MODERNIZATION OF THE COMBAT VEHI-
CLE 
AND 
TACTICAL 
WHEELED 
VEHICLE 
FLEETS. 
(a) INDEPENDENT ASSESSMENT OF STRATEGY RE-
QUIRED.— 
(1) IN GENERAL.—Not later than 30 days after 
the date of the enactment of this Act, the Secretary of 
Defense shall enter into a contract with an appro-
priate entity independent of the United States Gov-
ernment to conduct an independent assessment of cur-
rent, anticipated, and potential research and engi-
neering activities for or applicable to the moderniza-
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tion of the combat vehicle fleet and tactical wheeled 
vehicle fleet of the Department of Defense. 
(2) ACCESS TO INFORMATION AND RESOURCES.— 
The Secretary shall provide the entity with which the 
Secretary contracts under paragraph (1) access to 
such information and resources as are appropriate to 
conduct the assessment required by that paragraph. 
(b) REPORT.— 
(1) IN GENERAL.—The contract required by sub-
section (a) shall provide that the entity with which 
the Secretary contracts under that subsection shall 
submit to the Secretary of Defense and the congres-
sional defense committees a report on the assessment 
required by that subsection not later than December 
31, 2010. 
(2) ELEMENTS.—The report required by para-
graph (1) shall include the following: 
(A) A detailed discussion of the require-
ments and capability needs identified or pro-
posed for current and prospective combat vehicles 
and tactical wheeled vehicles. 
(B) An identification of capability gaps for 
combat vehicles and tactical wheeled vehicles 
based on lessons learned from recent conflicts 
and an assessment of emerging threats.
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(C) An identification of the critical tech-
nology elements or integration risks associated 
with particular categories of combat vehicles and 
tactical wheeled vehicles, and with particular 
missions of such vehicles. 
(D) Recommendations for a plan to develop 
and deploy within the next 10 years critical 
technology capabilities to address the capability 
gaps identified pursuant to subparagraph (B), 
including an identification of high priority 
science and technology, research & engineering, 
and prototyping opportunities. 
(E) Such other matters as the Secretary 
considers appropriate. 
SEC. 221. SYSTEMS ENGINEERING AND PROTOTYPING PRO-
GRAM. 
(a) PROGRAM REQUIRED.—The Secretary of Defense 
shall, acting through the Under Secretary of Defense for Ac-
quisition, Technology, and Logistics, carry out a program 
to encourage and fund systems engineering and prototyping 
efforts in support of Department of Defense goals and mis-
sions. 
(b) OBJECTIVES.—The objectives of the program re-
quired by subsection (a) shall be as follows:
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(1) To develop system prototypes for systems that 
provide capabilities supportive of addressing Depart-
ment of Defense goals, needs, and requirements. 
(2) To successfully demonstrate new systems in 
relevant environments. 
(3) To encourage the training of systems engi-
neers and the development of systems engineering 
tools and practices. 
(c) SELECTION OF PROJECTS.— 
(1) PROGRAM AREAS.—The Under Secretary of 
Defense for Acquisition, Technology, and Logistics 
shall, in consultation with the military departments 
and the Defense Agencies, designate general areas for 
systems engineering and prototype projects under the 
program required by subsection (a). 
(2) SOLICITATION
OF
PROJECTS.—The Under 
Secretary shall solicit for the selection of projects 
under the program within the areas designated under 
paragraph (1) from among other government entities, 
federally-funded research and development centers, 
academia, the private sector, and such other persons, 
organizations, and entities as the Under Secretary 
considers appropriate. 
(3) SELECTION.—The Under Secretary shall se-
lect projects for implementation under the program
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from among responses to the solicitations made under 
paragraph (2). The Under Secretary shall select such 
projects on a competitive basis. 
(d) IMPLEMENTATION OF PROJECTS.—For each project 
selected under subsection (c)(3), the Under Secretary of De-
fense for Acquisition, Technology, and Logistics shall des-
ignate a military department or Defense Agency to imple-
ment the project as part of the program required by sub-
section (a). 
(e) FUNDING OF PROJECTS.— 
(1) IN GENERAL.—The Under Secretary of De-
fense for Acquisition, Technology, and Logistics shall, 
subject to paragraphs (2) and (3), provide funds for 
each project selected under subsection (c)(3) in an 
amount jointly determined by the Under Secretary 
and the acquisition executive of the military depart-
ment or Defense Agency concerned. 
(2) LIMITATION
ON
AMOUNT
OF
FUNDS.—The 
amount of funds provided to a project under para-
graph (1) shall be not greater than the amount equal 
to 50 percent of the total cost of the project. 
(3) LIMITATION
ON
PERIOD
OF
FUNDING.—A 
project may not be provided funds under this sub-
section for more than three fiscal years.
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(4) SOURCE OF OTHER FUNDING.—Any funds re-
quired for a project under this section that are not 
provided under this subsection shall be derived from 
funds available to the military department or Defense 
Agency concerned, or another appropriate source 
other than this subsection. 
(f) ANNUAL REPORT.—Not later than March 31 each 
year, the Under Secretary of Defense for Acquisition, Tech-
nology, and Logistics shall submit to the congressional de-
fense committees a report on the activities carried out under 
the program required by subsection (a) during the preceding 
fiscal year. 
(g) ACQUISITION EXECUTIVE DEFINED.—In this sec-
tion, the term ‘‘acquisition executive’’, with respect to a 
military department or Defense Agency, means the official 
designated as the senior procurement executive for the mili-
tary department or Defense Agency for the purposes of sec-
tion 16(c) of the Office of Federal Procurement Policy Act 
(41 U.S.C. 414 (c)). 
Subtitle C—Missile Defense 
Programs 
SEC. 241. SENSE OF CONGRESS ON BALLISTIC MISSILE DE-
FENSE. 
It is the sense of Congress that—
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(1) the United States should develop, test, field, 
and maintain operationally effective, cost-effective, af-
fordable, reliable, suitable, and survivable ballistic 
missile defense systems that are capable of defending 
the United States, its forward-deployed forces, allies, 
and other friendly nations from the threat of ballistic 
missile attacks from nations such as North Korea and 
Iran; 
(2) the missile defense force structure and inven-
tory levels of such missile defense systems should be 
determined based on an assessment of ballistic missile 
threats and a determination by senior military lead-
ers, combatant commanders, and defense officials of 
the requirements and capabilities needed to address 
those threats; and 
(3) the test and evaluation program for such 
missile defense systems should be rigorous, robust, 
operationally realistic, and capable of providing a 
high level of confidence in the capability of such sys-
tems (including their continuing effectiveness over the 
course of their service lives), and adequate resources 
should be available for that test and evaluation pro-
gram (including interceptor missiles and targets for 
flight tests).
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SEC. 242. COMPREHENSIVE PLAN FOR TEST AND EVALUA-
TION OF THE BALLISTIC MISSILE DEFENSE 
SYSTEM. 
(a) PLAN REQUIRED.— 
(1) IN GENERAL.—The Secretary of Defense shall 
establish a comprehensive plan for the developmental 
and operational testing and evaluation of the Bal-
listic Missile Defense System and its various elements. 
(2) PERIOD OF PLAN.—The plan shall cover the 
period covered by the future-years defense program 
that is submitted to Congress under section 221 of 
title 10, United States Code, at or about the same 
time as the submittal to Congress of the budget of the 
President for fiscal year 2011. 
(3) INPUT.—In establishing the plan, the Sec-
retary shall receive input on matters covered by the 
plan from the following: 
(A) The Director of the Missile Defense 
Agency. 
(B) The Director of Operational Test and 
Evaluation. 
(C) The operational test components of the 
military departments. 
(b) ELEMENTS.—The plan required by subsection (a) 
shall include, with regard to developmental and operational
† HR 2647 EAS 
testing of the Ballistic Missile Defense System, the fol-
lowing: 
(1) Test and evaluation objectives. 
(2) Test and evaluation criteria and metrics. 
(3) Test and evaluation procedures and method-
ology. 
(4) Data requirements. 
(5) System and element configuration under test. 
(6) Approaches to verification, validation, and 
accreditation of models and simulations. 
(7) The relative role of models and simulations, 
ground tests, and flight tests in achieving the objec-
tives of the plan. 
(8) Test infrastructure and resources, including 
test range limitations and potential range enhance-
ments. 
(9) Test readiness review approaches and meth-
odology. 
(10) Testing for system and element integration 
and interoperability. 
(11) Means for achieving operational realism 
and means of demonstrating operational effectiveness, 
suitability and survivability. 
(12) Detailed descriptions of planned tests.
† HR 2647 EAS 
(13) A description of the resources required to 
implement the plan. 
(c) REPORT.— 
(1) IN GENERAL.—Not later than March 1, 2011, 
the Secretary shall submit to the congressional defense 
committees a report setting forth and describing the 
plan required by subsection (a) and each of the ele-
ments required in the plan under subsection (b). 
(2) ADDITIONAL
INFORMATION
ON
GROUND- 
BASED
MIDCOURSE
DEFENSE.—The report required 
by this subsection shall, in addition to the matters 
specified in paragraph (1), include a detailed descrip-
tion of the test and evaluation activities pertaining to 
the Ground-based Midcourse Defense (GMD) element 
of the Ballistic Missile Defense System as follows: 
(A) Plans for salvo testing. 
(B) Plans for multiple simultaneous engage-
ment testing. 
(C) Plans for intercept testing using the 
Cobra Dane radar as the engagement sensor. 
(D) Plans to test and demonstrate the abil-
ity of the system to accomplish its mission over 
the planned term of its operational service life 
(also known as ‘‘sustainment testing’’).
† HR 2647 EAS 
(3) FORM.—The report required by this sub-
section shall be submitted in unclassified form, but 
may include a classified annex. 
SEC. 243. ASSESSMENT AND PLAN FOR THE GROUND-BASED 
MIDCOURSE DEFENSE ELEMENT OF THE BAL-
LISTIC MISSILE DEFENSE SYSTEM. 
(a) SENSE OF CONGRESS.—It is the sense of Congress 
that— 
(1) the Ground-based Midcourse Defense (GMD) 
element of the Ballistic Missile Defense System should 
be an operationally effective, cost-effective, affordable, 
reliable, suitable, and survivable system capable of de-
fending the United States from the threat of long- 
range missile attacks from nations such as North 
Korea and Iran, and adequate resources should be 
available to create and maintain such a capability 
(including continuing effectiveness over the course of 
its service life); 
(2) the force structure and inventory levels of the 
Ground-based Midcourse Defense element should be 
determined based on an assessment of ballistic missile 
threats from nations such as North Korea and Iran 
and a determination by senior military leaders, com-
batant commanders, and defense officials of the re-
† HR 2647 EAS 
quirements and capabilities needed to address those 
threats; and 
(3) the test and evaluation program for the 
Ground-based Midcourse Defense element should be 
rigorous, robust, operationally realistic, and capable 
of providing a high degree of confidence in the capa-
bility of the system (including testing to demonstrate 
the continuing effectiveness of the system over the 
course of its service life), and adequate resources 
should be available for that test and evaluation pro-
gram (including interceptor missiles and targets for 
flight tests). 
(b) ASSESSMENT REQUIRED.— 
(1) IN GENERAL.—As part of the Quadrennial 
Defense Review and the Ballistic Missile Defense Re-
view, the Secretary of Defense shall conduct an assess-
ment of the following: 
(A) Ground-based Midcourse Defense ele-
ment of the Ballistic Missile Defense System. 
(B) Future options for the Ground-based 
Midcourse Defense element. 
(2) ELEMENTS.—The assessment required by 
paragraph (1) shall include an assessment of the fol-
lowing:
† HR 2647 EAS 
(A) The ballistic missile threat against 
which the Ground-based Midcourse Defense ele-
ment is intended to defend. 
(B) The military requirement for Ground- 
based Midcourse Defense capabilities against 
such missile threat. 
(C) The current capabilities of the Ground- 
based Midcourse Defense element. 
(D) The planned capabilities of the Ground- 
based Midcourse Defense element, if different 
from the capabilities under subparagraph (B). 
(E) The force structure and inventory levels 
necessary for the Ground-based Midcourse De-
fense element to achieve the planned capabilities 
of that element, including an analysis of the 
costs and the potential advantages and disadvan-
tages of deploying 44 operational Ground-based 
Interceptor missiles. 
(F) The infrastructure necessary to achieve 
such capabilities, including the number and lo-
cation of operational silos. 
(G) The number of Ground-based Inter-
ceptor missiles necessary for operational assets, 
test assets (including developmental and oper-
† HR 2647 EAS 
ational test assets and aging and surveillance 
test assets), and spare missiles. 
(3) REPORT.—At or about the same time the 
budget of the President for fiscal year 2011 is sub-
mitted to Congress pursuant to section 1105 of title 
31, United States Code, the Secretary shall submit to 
the congressional defense committees a report setting 
forth the results of the assessment required by para-
graph (1). The report shall be in unclassified form, 
but may include a classified annex. 
(c) PLAN REQUIRED.— 
(1) IN GENERAL.—In addition to the assessment 
required by subsection (b), the Secretary shall estab-
lish a plan for the Ground-based Midcourse Defense 
element of the Ballistic Missile Defense System. The 
plan shall cover the period of the future-years defense 
program that is submitted to Congress under section 
221 of title 10, United States Code, at or about the 
same time as the submittal to Congress of the budget 
of the President for fiscal year 2011. 
(2) ELEMENTS.—The plan required by para-
graph (1) shall include the following elements: 
(A) The schedule for achieving the planned 
capability of the Ground-based Midcourse De-
fense element, including the completion of oper-
† HR 2647 EAS 
ational silos, the delivery of operational Ground- 
Based Interceptors, and the deployment of such 
interceptors in those silos. 
(B) The plan for funding the development, 
production, deployment, testing, improvement, 
and sustainment of the Ground-based Midcourse 
Defense element. 
(C) The plan to maintain the operational 
effectiveness of the Ground-based Midcourse De-
fense element over the course of its service life, 
including any modernization or capability en-
hancement efforts, and any sustainment efforts. 
(D) The plan for flight testing the Ground- 
based Midcourse Defense element, including 
aging and surveillance tests to demonstrate the 
continuing effectiveness of the system over the 
course of its service life. 
(E) The plan for production of Ground- 
Based Interceptor missiles necessary for oper-
ational assets, developmental and operational 
test assets, aging and surveillance test assets, and 
spare missiles. 
(3) REPORT.—At or about the same time the 
budget of the President for fiscal year 2011 is sub-
mitted to Congress pursuant to section 1105 of title
† HR 2647 EAS 
31, United States Code, the Secretary shall submit to 
the congressional defense committees a report setting 
forth the plan required by paragraph (1). The report 
shall be in unclassified form, but may include a clas-
sified annex. 
(d) CONSTRUCTION.—Nothing in this section shall be 
construed as altering or revising the continued production 
of all Ground-Based Interceptor missiles on contract as of 
June 23, 2009. 
(e) COMPTROLLER GENERAL REVIEW.—The Comp-
troller General of the United States shall— 
(1) review the assessment required by subsection 
(b) and the plan required by subsection (c); and 
(2) not later than 120 days after receiving the 
assessment and the plan, provide to the congressional 
defense committees the results of the review. 
SEC. 244. REPORT ON POTENTIAL MISSILE DEFENSE CO-
OPERATION WITH RUSSIA. 
(a) REPORT REQUIRED.— 
(1) IN GENERAL.—Not later than 120 days after 
the date of the enactment of this Act, the Secretary of 
Defense shall submit to the congressional defense com-
mittees a report setting forth potential options for co-
operation among or between the United States, the
† HR 2647 EAS 
North Atlantic Treaty Organization (NATO), and the 
Russian Federation on ballistic missile defense. 
(2) FORM.—The report shall be submitted in un-
classified form, but may include a classified annex. 
(b) ELEMENTS.—The report required by subsection (a) 
shall include the following: 
(1) A description of proposals made by the 
United States, the North Atlantic Treaty Organiza-
tion, or the Russian Federation since January 1, 
2007, for potential missile defense cooperation among 
or between such countries and that organization, in-
cluding data sharing, cooperative regional missile de-
fense architectures, joint exercises, and transparency 
and confidence building measures. 
(2) A description of options for the sharing by 
such countries and that organization of ballistic mis-
sile surveillance or early warning data, including 
data from the Russian early warning radars at 
Gabala in Azerbaijan, and Armavir in southern Rus-
sia or other radars, such as the United States radar 
proposed for deployment in the Czech Republic. 
(3) An assessment of the potential for implemen-
tation of the agreement between the United States and 
the Russian Federation on the establishment of a 
Joint Data Exchange Center.
† HR 2647 EAS 
(4) An assessment of the potential for missile de-
fense cooperation between the Russian Federation and 
the North Atlantic Treaty Organization, including 
through the NATO-Russia Council. 
(5) An assessment of the potential security bene-
fits to the United States, Russia, and the North At-
lantic Treaty Organization of the cooperation de-
scribed in paragraph (4). 
(6) Such other matters as the Secretary considers 
appropriate. 
SEC. 245. CONTINUED PRODUCTION OF GROUND-BASED IN-
TERCEPTOR MISSILE AND OPERATION OF 
MISSILE FIELD 1 AT FORT GREELY, ALASKA. 
(a) LIMITATION ON BREAK IN PRODUCTION.—The Sec-
retary of Defense shall ensure that the Missile Defense Agen-
cy does not allow a break in production of the Ground-based 
Interceptor missile until the Department of Defense has— 
(1) completed the Ballistic Missile Defense Re-
view; and 
(2) made a determination with respect to the 
number of Ground-based Interceptor missiles that will 
be necessary to support the service life of the Ground- 
based Midcourse Defense element of the Ballistic Mis-
sile Defense System.
† HR 2647 EAS 
(b) LIMITATION ON CERTAIN ACTIONS WITH RESPECT 
TO MISSILE FIELD 1 AND MISSILE FIELD 2 AT FORT 
GREELY, ALASKA.— 
(1) LIMITATION ON DECOMMISSIONING OF MIS-
SILE FIELD 1.—The Secretary of Defense shall ensure 
that Missile Field 1 at Fort Greely, Alaska, does not 
complete decommissioning until seven silos have been 
emplaced at Missile Field 2 at Fort Greely. 
(2) LIMITATION WITH RESPECT TO DISPOSITION 
OF SILOS AT MISSILE FIELD 2.—The Secretary of De-
fense shall ensure that no irreversible decision is made 
with respect to the disposition of operational silos at 
Missile Field 2 at Fort Greely, Alaska, until that date 
that is 60 days after the date on which the reports re-
quired by subsections (b)(3) and (c)(3) of section 243 
are submitted to the congressional defense committees. 
SEC. 246. SENSE OF SENATE ON AND RESERVATION OF 
FUNDS FOR DEVELOPMENT AND DEPLOY-
MENT OF MISSILE DEFENSE SYSTEMS IN EU-
ROPE. 
(a) FINDINGS.—The Senate makes the following find-
ings: 
(1) In the North Atlantic Treaty Organization 
(NATO) Bucharest Summit Declaration of April 3, 
2008, the Heads of State and Government partici-
† HR 2647 EAS 
pating in the meeting of the North Atlantic Council 
declared that ‘‘[b]allistic missile proliferation poses 
an increasing threat to Allies’ forces, territory and 
populations. Missile defence forms part of a broader 
response to counter this threat. We therefore recognize 
the substantial contribution to the protection of Allies 
from long-range ballistic missiles to be provided by 
the planned deployment of European-based United 
States missile defence assets’’. 
(2) The Bucharest Summit Declaration also stat-
ed that ‘‘[b]earing in mind the principle of the indi-
visibility of Allied security as well as NATO soli-
darity, we task the Council in Permanent Session to 
develop options for a comprehensive missile defence 
architecture to extend coverage to all Allied territory 
and populations not otherwise covered by the United 
States system for review at our 2009 Summit, to in-
form any future political decision’’. 
(3) In the Bucharest Summit Declaration, the 
North Atlantic Council also reaffirmed to Russia that 
‘‘current, as well as any future, NATO Missile 
Defence efforts are intended to better address the secu-
rity challenges we all face, and reiterate that, far 
from posing a threat to our relationship, they offer
† HR 2647 EAS 
opportunities to deepen levels of cooperation and sta-
bility’’. 
(4) In the Strasbourg/Kehl Summit Declaration 
of April 4, 2009, the heads of state and government 
participating in the meeting of the North Atlantic 
Council reaffirmed ‘‘the conclusions of the Bucharest 
Summit about missile defense,’’ and declared that ‘‘we 
judge that missile threats should be addressed in a 
prioritized manner that includes consideration of the 
level of imminence of the threat and the level of ac-
ceptable risk’’. 
(5) Iran is rapidly developing its ballistic mis-
sile capabilities, including its inventory of short- 
range and medium-range ballistic missiles that can 
strike portions of Eastern and Southern North Atlan-
tic Treaty Organization European territory, as well 
as the pursuit of long-range ballistic missiles that 
could reach Europe or the United States. 
(6) On July 8, 2008, the Government of the 
United States and the Government of the Czech Re-
public signed an agreement to base a radar facility 
in the Czech Republic that is part of a proposed mis-
sile defense system to protect Europe and the United 
States against a potential future Iranian long-range 
ballistic missile threat.
† HR 2647 EAS 
(7) On August 20, 2008, the United States and 
the Republic of Poland signed an agreement con-
cerning the deployment of ground-based ballistic mis-
sile defense interceptors in the territory of the Repub-
lic of Poland. 
(8) Section 233 of the Duncan Hunter National 
Defense Authorization Act for Fiscal Year 2009 (Pub-
lic Law 110–417; 122 Stat. 4393; 10 U.S.C. 2431 
note) establishes conditions for the availability of 
funds for procurement, construction, and deployment 
of the planned missile defense system in Europe, in-
cluding that the host nations must ratify any missile 
defense agreements with the United States and that 
the Secretary of Defense must certify that the system 
has demonstrated the ability to accomplish the mis-
sion. 
(9) On April 5, 2009, President Barack Obama, 
speaking in Prague, Czech Republic, stated, ‘‘As long 
as the threat from Iran persists, we will go forward 
with a missile defense system that is cost-effective and 
proven. If the Iranian threat is eliminated, we will 
have a stronger basis for security, and the driving 
force for missile defense construction in Europe will 
be removed.’’.
† HR 2647 EAS 
(10) On June 16, 2009, Deputy Secretary of De-
fense William Lynn testified before the Committee on 
Armed Services of the Senate that the United States 
Government is reviewing its options for developing 
and deploying operationally effective, cost-effective 
missile defense capabilities to Europe against poten-
tial future Iranian missile threats, in addition to the 
proposed deployment of a missile defense system in 
Poland and the Czech Republic. 
(11) On July 9, 2009, General James Cart-
wright, the Vice Chairman of the Joint Chiefs of 
Staff, testified before the Committee on Armed Serv-
ices of the Senate that the Department of Defense was 
considering some 40 different missile defense architec-
ture options for Europe that could provide a ‘‘re-
gional defense capability to protect the nations’’ of 
Europe, and a ‘‘redundant capability that would as-
sist in protecting the United States,’’ and that the De-
partment was considering ‘‘what kind of an architec-
ture best suits the defense of the region, the defense of 
the homeland, and the regional stability’’. 
(b) SENSE OF SENATE.—It is the sense of the Senate 
that— 
(1) the United States Government should con-
tinue developing and planning for the proposed de-
† HR 2647 EAS 
ployment of elements of a Ground-based Midcourse 
Defense (GMD) system, including a midcourse radar 
in the Czech Republic and Ground-Based Interceptors 
in Poland, consistent with section 233 of the Duncan 
Hunter National Defense Authorization Act for Fiscal 
Year 2009; 
(2) in conjunction with the continued develop-
ment of the planned Ground-based Midcourse Defense 
system, the United States should work with its North 
Atlantic Treaty Organization allies to explore a range 
of options and architectures to provide missile de-
fenses for Europe and the United States against cur-
rent and future Iranian ballistic missile capabilities; 
(3) any alternative system that the United States 
Government considers deploying in Europe to provide 
for the defense of Europe and a redundant defense of 
the United States against future long-range Iranian 
missile threats should be at least as capable and cost- 
effective as the proposed European deployment of the 
Ground-based Midcourse Defense system; and 
(4) any missile defense capabilities deployed in 
Europe should, to the extent practical, be interoper-
able with United States and North Atlantic Treaty 
Organization missile defense systems.
† HR 2647 EAS 
(c) RESERVATION OF FUNDS FOR MISSILE DEFENSE 
SYSTEMS.— 
(1) IN GENERAL.—Of the funds authorized to be 
appropriated or otherwise made available for fiscal 
years 2009 and 2010 for the Missile Defense Agency 
for the purpose of developing missile defenses in Eu-
rope, $353,100,000 shall be available only for the pur-
poses described in paragraph (2). 
(2) USE OF FUNDS.—The purposes described in 
this paragraph are the following: 
(A) Research, development, test, and evalua-
tion of— 
(i) the proposed midcourse radar ele-
ment of the Ground-based Midcourse De-
fense system in the Czech Republic; and 
(ii) the proposed long-range missile de-
fense interceptor site element of such defense 
system in Poland. 
(B) Research, development, test, and evalua-
tion, procurement, construction, or deployment of 
other missile defense systems designed to protect 
Europe, and the United States in the case of 
long-range missile threats, from the threats posed 
by current and future Iranian ballistic missiles 
of all ranges, if the Secretary of Defense submits
† HR 2647 EAS 
to the congressional defense committees a report 
certifying that such systems are expected to be— 
(i) consistent with the direction from 
the North Atlantic Council to address bal-
listic missile threats to Europe and the 
United States in a prioritized manner that 
includes consideration of the imminence of 
the threat and the level of acceptable risk; 
(ii) operationally effective and cost-ef-
fective in providing protection for Europe, 
and the United States in the case of long- 
range missile threats, against current and 
future Iranian ballistic missile threats; and 
(iii) interoperable, to the extent prac-
tical, with other components of missile de-
fense and complementary to the missile de-
fense strategy of the North Atlantic Treaty 
Organization. 
(d) CONSTRUCTION.—Nothing in this section shall be 
construed as limiting or preventing the Department of De-
fense from pursuing the development or deployment of oper-
ationally effective and cost-effective ballistic missile defense 
systems in Europe.
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SEC. 247. EXTENSION OF DEADLINE FOR STUDY ON BOOST- 
PHASE MISSILE DEFENSE. 
Section 232(c)(1) of the Duncan Hunter National De-
fense Authorization Act for Fiscal Year 2009 (Public Law 
110–417; 122 Stat. 4392) is amended by striking ‘‘October 
31, 2010’’ and inserting ‘‘March 1, 2011’’. 
Subtitle D—Other Matters 
SEC. 251. REPEAL OF REQUIREMENT FOR BIENNIAL JOINT 
WARFIGHTING SCIENCE AND TECHNOLOGY 
PLAN. 
Section 270 of the National Defense Authorization Act 
for Fiscal Year 1997 (10 U.S.C. 2501 note) is repealed. 
SEC. 252. MODIFICATION OF REPORTING REQUIREMENT 
FOR DEFENSE NANOTECHNOLOGY RESEARCH 
AND DEVELOPMENT PROGRAM. 
Section 246 of the Bob Stump National Defense Au-
thorization Act for Fiscal Year 2003 (Public Law 107–314; 
10 U.S.C. 2358 note) is amended by striking subsection (e) 
and inserting the following new subsection (e): 
‘‘(e) REPORTS.—The Under Secretary of Defense for 
Acquisition, Technology, and Logistics shall submit to the 
National Science and Technology Council information on 
the program that covers the information described in para-
graphs (1) through (5) of section 2(d) of the 21st Century 
Nanotechnology Research and Development Act (15 U.S.C.
† HR 2647 EAS 
7501(d)) to be included in the annual report submitted by 
the Council under that section.’’. 
SEC. 253. EVALUATION OF EXTENDED RANGE MODULAR 
SNIPER RIFLE SYSTEMS. 
(a) IN GENERAL.—Not later than March 31, 2010, the 
Assistant Secretary of the Army for Acquisition, Logistics, 
and Technology shall conduct a comparative evaluation of 
extended range modular sniper rifle systems, including .300 
Winchester Magnum, .338 Lapua Magnum, and other cali-
bers. The evaluation shall identify and demonstrate an inte-
grated suite of technologies capable of— 
(1) extending the effective range of snipers; 
(2) meeting service or unit requirements or oper-
ational need statements; or 
(3) closing documented capability gaps. 
(b) FUNDING.—The Assistant Secretary of the Army 
for Acquisition, Logistics, and Technology shall conduct the 
evaluation required by subsection (a) using amounts appro-
priated for fiscal year 2009 for extended range modular 
sniper rifle system research (PE # 0604802A) that are un-
obligated. 
(c) REPORT.—Not later than April 30, 2010, the As-
sistant Secretary of the Army for Acquisition, Logistics, 
and Technology shall submit to the Committee on Armed 
Services of the Senate and the Committee on Armed Serv-
† HR 2647 EAS 
ices of the House of Representatives a report containing the 
results of the evaluation required by subsection (a), includ-
ing— 
(1) detailed ballistics and system performance 
data; and 
(2) an assessment of the operational capabilities 
of extended range modular sniper rifle systems to 
meet service or unit requirements or operational need 
statements or close documented capabilities gaps. 
TITLE III—OPERATION AND 
MAINTENANCE 
Subtitle A—Authorization of 
Appropriations 
SEC. 301. OPERATION AND MAINTENANCE FUNDING. 
(a) AUTHORIZATION OF APPROPRIATIONS.—Funds are 
hereby authorized to be appropriated for fiscal year 2010 
for the use of the Armed Forces and other activities and 
agencies of the Department of Defense, for expenses, not oth-
erwise provided for, for operation and maintenance, in 
amounts as follows: 
(1) For the Army, $30,932,882,000. 
(2) For the Navy, $35,890,046,000. 
(3) For the Marine Corps, $5,547,223,000. 
(4) For the Air Force, $34,053,559,000. 
(5) For Defense-wide activities, $27,645,997,000.
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(6) For the Army Reserve, $2,623,796,000. 
(7) For the Navy Reserve, $1,278,501,000. 
(8) For the Marine Corps Reserve, $228,925,000. 
(9) For the Air Force Reserve, $3,079,228,000. 
(10) 
For 
the 
Army 
National 
Guard, 
$6,260,634,000. 
(11) 
For 
the 
Air 
National 
Guard, 
$5,888,461,000. 
(12) For the United States Court of Appeals for 
the Armed Forces, $13,932,000. 
(13) For the Acquisition Development Workforce 
Fund, $100,000,000. 
(14) For Environmental Restoration, Army, 
$415,864,000. 
(15) For Environmental Restoration, Navy, 
$285,869,000. 
(16) For Environmental Restoration, Air Force, 
$494,276,000. 
(17) For Environmental Restoration, Defense- 
wide, $11,100,000. 
(18) For Environmental Restoration, Formerly 
Used Defense Sites, $267,700,000. 
(19) For Overseas Humanitarian, Disaster and 
Civic Aid programs, $109,869,000.
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(20) For Cooperative Threat Reduction pro-
grams, $424,093,000. 
(21) For Overseas Contingency Operations 
Transfer Fund, $5,000,000. 
(b) FUNDING TABLE.—The amounts authorized by 
subsection (a) shall be available, in accordance with the re-
quirements of section 4001, for projects, programs, and ac-
tivities, and in the amounts, specified in the funding table 
in section 4301. 
Subtitle B—Environmental 
Provisions 
SEC. 311. REIMBURSEMENT OF ENVIRONMENTAL PROTEC-
TION AGENCY FOR CERTAIN COSTS IN CON-
NECTION WITH THE FORMER NANSEMOND 
ORDNANCE DEPOT SITE, SUFFOLK, VIRGINIA. 
(a) AUTHORITY TO REIMBURSE.— 
(1) TRANSFER AMOUNT.—Using funds described 
in subsection (b) and notwithstanding section 2215 of 
title 10, United States Code, the Secretary of Defense 
may transfer not more than $68,623 during fiscal 
year 2010 to the Former Nansemond Ordnance Depot 
Site Special Account, within the Hazardous Sub-
stance Superfund. 
(2) PURPOSE
OF
REIMBURSEMENT.—The pay-
ment under paragraph (1) is final payment to reim-
† HR 2647 EAS 
burse the Environmental Protection Agency for all 
costs incurred in overseeing a time critical removal 
action performed by the Department of Defense under 
the Defense Environmental Restoration Program for 
ordnance and explosive safety hazards at the Former 
Nansemond Ordnance Depot Site, Suffolk, Virginia. 
(3) INTERAGENCY AGREEMENT.—The reimburse-
ment described in paragraph (2) is provided for in an 
interagency agreement entered into by the Depart-
ment of the Army and the Environmental Protection 
Agency for the Former Nansemond Ordnance Depot 
Site in December 1999. 
(b) SOURCE OF FUNDS.—Any payment under sub-
section (a) shall be made using funds authorized to be ap-
propriated by section 301(a)(18) for operation and mainte-
nance for Environmental Restoration, Formerly Used De-
fense Sites. 
(c) USE OF FUNDS.—The Environmental Protection 
Agency shall use the amount transferred under subsection 
(a) to pay costs incurred by the Agency at the Former 
Nansemond Ordnance Depot Site.
† HR 2647 EAS 
Subtitle C—Workplace and Depot 
Issues 
SEC. 321. MODIFICATION OF AUTHORITY FOR ARMY INDUS-
TRIAL FACILITIES TO ENGAGE IN COOPERA-
TIVE ACTIVITIES WITH NON-ARMY ENTITIES. 
(a) CLARIFICATION OF AUTHORITY TO ENTER INTO 
COOPERATIVE AGREEMENTS.—The second sentence of sec-
tion 4544(a) of title 10, United States Code, as added by 
section 328(a)(1) of the National Defense Authorization Act 
for Fiscal Year 2008 (Public Law 110–181; 122 Stat. 66), 
is amended by inserting after ‘‘not more than eight con-
tracts or cooperative agreements’’ the following: ‘‘in addi-
tion to the contracts and cooperative agreements in place 
as of the date of the enactment of the National Defense Au-
thorization Act for Fiscal Year 2008 (Public Law 110– 
181)’’. 
(b) ADDITIONAL ELEMENTS REQUIRED FOR ANALYSIS 
OF USE OF AUTHORITY.—Section 328(b)(2) of the National 
Defense Authorization Act for Fiscal Year 2008 (Public 
Law 110–181; 122 Stat. 67) is amended— 
(1) by striking ‘‘a report assessing the advis-
ability’’ and inserting the following: ‘‘a report— 
‘‘(A) assessing the advisability’’; and
† HR 2647 EAS 
(2) by striking ‘‘pursuant to such authority.’’ 
and inserting the following: ‘‘pursuant to such au-
thority; 
‘‘(B) assessing the benefit to the Federal 
Government of using such authority; 
‘‘(C) assessing the impact of the use of such 
authority on the availability of facilities needed 
by the Army and on the private sector; and 
‘‘(D) describing the steps taken to comply 
with the requirements under section 4544(g) of 
title 10, United States Code.’’. 
SEC. 322. IMPROVEMENT OF INVENTORY MANAGEMENT 
PRACTICES. 
(a) INVENTORY MANAGEMENT PRACTICES IMPROVE-
MENT PLAN REQUIRED.—Not later than 270 days after the 
date of the enactment of this Act, the Secretary of Defense 
shall submit to the congressional defense committees a com-
prehensive plan for improving the inventory management 
systems of the military departments and the Defense Logis-
tics Agency with the objective of reducing the acquisition 
and storage of secondary inventory that is excess to require-
ments. 
(b) ELEMENTS.—The plan under subsection (a) shall 
include the following:
† HR 2647 EAS 
(1) A plan for a comprehensive review of de-
mand-forecasting procedures to identify and correct 
any systematic weaknesses in such procedures, includ-
ing the development of metrics to identify bias toward 
over-forecasting and adjust forecasting methods ac-
cordingly. 
(2) A plan to accelerate the efforts of the Depart-
ment of Defense to achieve total asset visibility, in-
cluding efforts to link wholesale and retail inventory 
levels through multi-echelon modeling. 
(3) A plan to reduce the average level of on-order 
secondary inventory that is excess to requirements, in-
cluding a requirement for the systemic review of such 
inventory for possible contract termination. 
(4) A plan for the review and validation of 
methods used by the military departments and the 
Defense Logistics Agency to establish economic reten-
tion requirements. 
(5) A plan for an independent review of methods 
used by the military departments and the Defense Lo-
gistics Agency to establish contingency retention re-
quirements. 
(6) A plan to identify items stored in secondary 
inventory that require substantial amounts of storage
† HR 2647 EAS 
space and shift such items, where practicable, to di-
rect vendor delivery. 
(7) A plan for a comprehensive assessment of in-
ventory items on hand that have no recurring de-
mands, including the development of— 
(A) metrics to track years of no demand for 
items in stock; and 
(B) procedures for ensuring the systemic re-
view of such items for potential reutilization or 
disposal. 
(8) A plan to more aggressively pursue disposal 
reviews and actions on stocks identified for potential 
reutilization or disposal. 
(c) GAO REPORTS.— 
(1) ASSESSMENT OF PLAN.—Not later than 60 
days after the date on which the plan required by 
subsection (a) is submitted as specified in that sub-
section, the Comptroller General of the United States 
shall submit to the congressional defense committees a 
report setting forth an assessment of the extent to 
which the plan meets the requirements of this section. 
(2) ASSESSMENT
OF
IMPLEMENTATION.—Not 
later than 18 months after the date on which the plan 
required by subsection (a) is submitted, the Comp-
troller General shall submit to the congressional de-
† HR 2647 EAS 
fense committees a report setting forth an assessment 
of the extent to which the plan has been effectively im-
plemented by each military department and by the 
Defense Logistics Agency. 
(d) INVENTORY THAT IS EXCESS TO REQUIREMENTS 
DEFINED.—In this section, the term ‘‘inventory that is ex-
cess to requirements’’ means inventory that— 
(1) is excess to the approved acquisition objective 
concerned; and 
(2) is not needed for the purposes of economic re-
tention or contingency retention. 
SEC. 323. TEMPORARY SUSPENSION OF AUTHORITY FOR 
PUBLIC-PRIVATE COMPETITIONS. 
(a) TEMPORARY SUSPENSION.—During the period be-
ginning on the date of the enactment of this Act and ending 
on the date on which the Secretary of Defense submits to 
the congressional defense committees the certification de-
scribed in subsection (b), no study or public-private com-
petition regarding the conversion to contractor performance 
of any function of the Department of Defense performed by 
civilian employees may be begun or announced pursuant 
to section 2461 of title 10, United States Code, Office of 
Management and Budget Circular A–76, or any other au-
thority.
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† HR 2647 EAS 
(b) CERTIFICATION.—The certification described in 
this subsection is a certification that— 
(1) the Secretary of Defense has completed and 
submitted to Congress a complete inventory of con-
tracts for services for or on behalf of the Department 
of Defense in compliance with the requirements of 
subsection (c) of section 2330a of title 10, United 
States Code; and 
(2) the Secretary of each military department 
and the head of each Defense Agency responsible for 
activities in the inventory is in compliance with the 
review and planning requirements of subsection (e) of 
such section. 
SEC. 323A. PUBLIC-PRIVATE COMPETITION REQUIRED BE-
FORE CONVERSION OF ANY DEPARTMENT OF 
DEFENSE FUNCTION PERFORMED BY CIVIL-
IAN EMPLOYEES TO CONTRACTOR PERFORM-
ANCE. 
(a) REQUIREMENT.—Section 2461(a)(1) of title 10, 
United States Code, is amended— 
(1) by striking ‘‘A function’’ and inserting ‘‘No 
function’’; 
(2) by striking ‘‘10 or more’’; and 
(3) by striking ‘‘may not be converted’’ and in-
serting ‘‘may be converted’’.
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(b) EFFECTIVE DATE.—The amendments made by sub-
section (a) shall apply with respect to a function for which 
a public-private competition is commenced on or after the 
date of the enactment of this Act. 
SEC. 323B. TIME LIMITATION ON DURATION OF PUBLIC-PRI-
VATE COMPETITIONS. 
(a) TIME LIMITATION.—Section 2461(a) of title 10, 
United States Code, is amended by adding at the end the 
following new paragraph: 
‘‘(5)(A) The duration of a public-private com-
petition conducted pursuant to Office of Management 
and Budget Circular A–76 or any other provision of 
law for any function of the Department of Defense 
performed by Department of Defense civilian employ-
ees may not exceed the period of specified in para-
graph (B), commencing on the date on which funds 
are obligated for contractor support of the prelimi-
nary planning for the public-private competition be-
gins through the date on which a performance deci-
sion is rendered with respect to the function. 
‘‘(B) The period referred to in paragraph (A) is 
30 months with respect to a single formation activity 
and 36 months with respect to a multi-formation ac-
tivity.
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† HR 2647 EAS 
‘‘(C) The time period specified in subparagraph 
(A) for a public-private competition does not include 
any day during which the public-private competition 
is delayed by reason of a protest before the Govern-
ment Accountability Office or the United States Court 
of Federal Claims. 
‘‘(D) In this paragraph, the term ‘preliminary 
planning’ with respect to a public-private competition 
means any action taken to carry out any of the fol-
lowing activities: 
‘‘(i) Determining the scope of the competi-
tion. 
‘‘(ii) Conducting research to determine the 
appropriate grouping of functions for the com-
petition. 
‘‘(iii) Assessing the availability of workload 
data, quantifiable outputs of functions, and 
agency or industry performance standards appli-
cable to the competition. 
‘‘(iv) Determining the baseline cost of any 
function for which the competition is con-
ducted.’’. 
(b) EFFECTIVE DATE.—Paragraph (5) of section 
2461(a) of title 10, United States Code, as added by sub-
section (a), shall apply with respect to a public-private
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† HR 2647 EAS 
competition covered by such section that is being conducted 
on or after the date of the enactment of this Act. 
SEC. 323C. TERMINATION OF CERTAIN PUBLIC-PRIVATE 
COMPETITIONS FOR CONVERSION OF DE-
PARTMENT OF DEFENSE FUNCTIONS TO PER-
FORMANCE BY A CONTRACTOR. 
Any Department of Defense public-private competition 
that exceeds the time limits established in section 2461(a) 
shall be reviewed by the Secretary of Defense and considered 
for termination. If the Secretary of Defense does not termi-
nate the competition, he shall report to Congress on the rea-
sons for his decision. 
SEC. 324. EXTENSION OF ARSENAL SUPPORT PROGRAM INI-
TIATIVE. 
Section 343 of the Floyd D. Spence National Defense 
Authorization Act for Fiscal Year 2001 (10 U.S.C. 4551 
note), as amended by section 341 of the National Defense 
Authorization Act for Fiscal Year 2008 (Public Law 110– 
181; 122 Stat. 69), is amended— 
(1) in subsection (a), by striking ‘‘2010’’ and in-
serting ‘‘2011’’; and 
(2) in subsection (g)(1), by striking ‘‘2010’’ and 
inserting ‘‘2011’’.
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† HR 2647 EAS 
SEC. 325. MODIFICATION OF DATE FOR SUBMITTAL TO CON-
GRESS OF ANNUAL REPORT ON FUNDING FOR 
PUBLIC AND PRIVATE PERFORMANCE OF 
DEPOT-LEVEL MAINTENANCE AND REPAIR 
WORKLOADS. 
Section 2466(d)(1) of title 10, United States Code, is 
amended by striking ‘‘April 1 of each year’’ and inserting 
‘‘90 days after the date on which the budget of the President 
for a fiscal year is submitted to Congress pursuant to sec-
tion 1105 of title 31’’. 
Subtitle D—Energy Provisions 
SEC. 331. ENERGY SECURITY ON DEPARTMENT OF DEFENSE 
INSTALLATIONS. 
(a) PLAN FOR ENERGY SECURITY REQUIRED.— 
(1) IN GENERAL.—Not later than 180 days after 
the date of the enactment of this Act, the Secretary of 
Defense shall develop a plan for identifying and ad-
dressing areas in which the electricity needed to carry 
out critical military missions on Department of De-
fense installations is vulnerable to disruption. 
(2) ELEMENTS.—The plan developed under 
paragraph (1) shall include, at a minimum, the fol-
lowing: 
(A) An identification of the areas of vulner-
ability as described in paragraph (1), and an
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† HR 2647 EAS 
identification of priorities in addressing such 
areas of vulnerability. 
(B) A schedule for the actions to be taken by 
the Department to address such areas of vulner-
ability. 
(C) A strategy for working with other pub-
lic or private sector entities to address such areas 
of vulnerability that are beyond the control of the 
Department. 
(b) WORK WITH NON-DEPARTMENT OF DEFENSE EN-
TITIES.— 
(1) IN GENERAL.—The Secretary of Defense shall 
work with other Federal entities, and with State and 
local government entities, to develop any regulations 
or other mechanisms needed to require or encourage 
actions to address areas of vulnerability identified 
pursuant to the plan developed under subsection (a) 
that are beyond the control of the Department of De-
fense. 
(2) CONTRACT AUTHORITY.—Where necessary to 
achieve the purposes of this section, the Secretary may 
enter into a contract, grant, or other agreement with 
one or more appropriate public or private sector enti-
ties under which such entity or entities agree to carry 
out actions required to address areas of vulnerability
106 
† HR 2647 EAS 
identified pursuant to the plan developed under sub-
section (a) that are beyond the control of the Depart-
ment. Any such contract, grant, or agreement may 
provide for the full or partial reimbursement of the 
entity concerned by the Department for actions taken 
by the entity under such contract, grant, or agree-
ment. 
SEC. 332. EXTENSION AND EXPANSION OF REPORTING RE-
QUIREMENTS REGARDING DEPARTMENT OF 
DEFENSE ENERGY EFFICIENCY PROGRAMS. 
(a) NEW REPORTING REQUIREMENTS.—Section 317(e) 
of the National Defense Authorization Act for Fiscal Year 
2002 (Public Law 107–107; 115 Stat. 1054) is amended 
to read as follows: 
‘‘(e) REPORTING REQUIREMENTS.— 
‘‘(1) IN GENERAL.—Not later one year after the 
date of the enactment of this Act, and each January 
1 thereafter through 2020, the Secretary shall submit 
to the congressional defense a report regarding 
progress made toward achieving the energy efficiency 
goals of the Department of Defense, consistent with 
the provisions of section 303 of Executive Order 
13123 (64 Fed. Reg. 30851; 42 U.S.C. 8521 note) and 
section 11(b) of Executive Order 13423 (72 Fed. Reg. 
3919; 42 U.S.C. 4321 note).
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‘‘(2) REPORTS
SUBMITTED
AFTER
JANUARY
1, 
2009.—Each report required under paragraph (1) that 
is submitted after the date of the enactment of the Na-
tional Defense Authorization Act for Fiscal Year 2010 
shall include the following: 
‘‘(A) A table detailing funding, by account, 
for all energy projects and investments. 
‘‘(B) A description of the funding and steps 
taken to achieve the renewable energy goals in 
the Energy Policy Act of 2005 (42 U.S.C. 15801 
et seq.) and Executive Order 13423 by fiscal year 
2015, and section 2911(e) of title 10, United 
States Code, by fiscal year 2025. 
‘‘(C) A description of steps taken to ensure 
that facility and installation management goals 
are consistent with current legislative and other 
requirements, including applicable requirements 
under the Energy Independence and Security 
Act of 2007 (Public Law 110–140). 
‘‘(D) A description of steps taken to deter-
mine best practices for measuring energy con-
sumption in Department of Defense facilities 
and installations in order to use the data for bet-
ter energy management.
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‘‘(E) A description of steps taken to comply 
with requirements of the Energy Independence 
and Security Act of 2007, including new design 
and construction requirements for buildings. 
‘‘(F) A description of steps taken to comply 
with section 533 of the National Energy Con-
servation Policy Act (42 U.S.C. 8259b), regard-
ing the supply by the General Services Adminis-
tration and the Defense Logistics Agency of En-
ergy Star and Federal Energy Management Pro-
gram (FEMP) designated products to its Depart-
ment of Defense customers. 
‘‘(G) A description of steps taken to encour-
age the use of Energy Star and FEMP des-
ignated products at military installations in 
government or contract maintenance activities. 
‘‘(H) A description of steps taken to comply 
with standards for projects built using appro-
priated funds and established by the Energy 
Independence and Security Act of 2007 for 
privatized construction projects, whether residen-
tial, administrative, or industrial. 
‘‘(I) A description of any other issues and 
strategies the Secretary determines relevant to a 
comprehensive and renewable energy policy.’’.
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† HR 2647 EAS 
(b) ADDITIONAL MATERIAL REQUIRED FOR FIRST EX-
PANDED REPORT.—The first report submitted by the Sec-
retary of Defense under section 317(e) of the National De-
fense Authorization Act for Fiscal Year 2002 (Public Law 
107–107; 115 Stat. 1054), as amended by subsection (a), 
after the date of the enactment of this Act shall include, 
in addition to the matters required under such section, the 
following: 
(1) A determination of whether the existing tools, 
such as the Energy Conservation Investment Program 
(ECIP) and the Energy Savings Performance Con-
tracts (ESPC) program, are sufficient to support re-
newable energy projects to achieve the Department’s 
installation energy goals, or if new funding mecha-
nisms would be beneficial. 
(2) An appropriate goal or goals for the use of 
alternative fuels for ground vehicles, aircraft, sea ves-
sels, and applicable weapons systems, taking into con-
sideration a broad range of factors, including cost, 
availability, technological feasibility, energy inde-
pendence and security, and environmental impact. 
(3) A determination of the cost and feasibility of 
a policy that would require new power generation 
projects established on installations to be able to
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† HR 2647 EAS 
switch to provide power for military operations in the 
event of a commercial grid outage. 
(4) An assessment of the extent to which State 
and regional laws and regulations and market struc-
tures provide opportunities or obstacles to establish 
renewable energy projects on military installations. 
(5) A determination of the cost and feasibility of 
developing or acquiring equipment or systems that 
would result in the complete use of renewable energy 
sources at contingency locations. 
(6) A determination of the cost and feasibility of 
implementing the recommendations of the 2008 De-
fense Science Board Report entitled, ‘‘More Fight – 
Less Fuel’’. 
SEC. 333. ALTERNATIVE AVIATION FUEL INITIATIVE. 
(a) FINDINGS.—Congress makes the following findings: 
(1) Dependence on foreign sources of oil is detri-
mental to the national security of the United States 
due to possible disruptions in supply. 
(2) The Department of Defense is the largest sin-
gle consumer of fuel in the United States. 
(3) The United States Air Force is the largest 
consumer of fuel in the Department of Defense.
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(4) The dramatically fluctuating price of fuel 
can have a significant budgetary impact on the De-
partment of Defense. 
(5) The United States Air Force uses about 
2,600,000,000 gallons of jet fuel a year, or 10 percent 
of the entire domestic market in aviation fuel. 
(6) The Air Force’s Alternative Aviation Fuel 
Initiative includes certification and testing of both 
biomass-derived (‘‘biofuel’’) and synthetic fuel blends 
produced via the Fischer-Tropsch (FT) process. By 
not later than December 31, 2016, the Air Force will 
be prepared to cost competitively acquire 50 percent 
of the Air Force’s domestic aviation fuel requirement 
via an alternative fuel blend in which the alternative 
component is derived from domestic sources produced 
in a manner that is greener than fuels produced from 
conventional petroleum. 
(7) The Air Force Energy Program will provide 
options to reduce the use of foreign oil, by focusing on 
expanding alternative energy options that provide fa-
vorable environmental attributes as compared to cur-
rently-available options. 
(b) CONTINUATION OF INITIATIVES.—
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† HR 2647 EAS 
(1) IN
GENERAL.—The Secretary of the Air 
Force shall continue the alternative aviation fuel ini-
tiatives of the Air Force with a goal of— 
(A) certifying its aircraft, applicable vehi-
cles and support equipment, and associated stor-
age and distribution infrastructure for unre-
stricted operational use of a synthetic fuel blend 
by early 2011; 
(B) being prepared to acquire 50 percent of 
its domestic aviation fuel requirement from al-
ternative or synthetic fuels (including blends of 
alternative or synthetic fuels with conventional 
fuels) by not later than December 31, 2016, pro-
vided that— 
(i) the lifecycle greenhouse gas emis-
sions associated with the production and 
combustion of such fuel shall be equal to or 
lower than such emissions from conven-
tional fuels that are used in the same appli-
cation, as determined in accordance with 
guidance by the Department of Energy and 
the Environmental Protection Agency; and 
(ii) prices for such fuels are cost com-
petitive with petroleum-based alternatives 
that are used for the same functions;
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(C) taking actions in collaboration with the 
commercial aviation industry and equipment 
manufacturers to spur the development of a do-
mestic alternative aviation fuel industry; and 
(D) taking actions in collaboration with 
other Federal agencies, the commercial sector, 
and academia to solicit for and test the next gen-
eration of environmentally-friendly alternative 
aviation fuels. 
(2) ADJUSTMENT OF GOAL.—The Secretary of 
the Air Force may adjust the goal of acquiring 50 
percent of Air Force domestic fuel requirements from 
alternative or synthetic fuels by not later than Decem-
ber 31, 2016, if the Secretary determines in writing 
that it would not be practicable, or in the best inter-
ests of the Air Force, to do so and informs the con-
gressional defense committees within 30 days of the 
basis for such determination. 
(3) ANNUAL REPORT.—Not later than 180 days 
after the date of the enactment of this Act and annu-
ally thereafter in each of fiscal years 2011 through 
2016, the Secretary of Defense, in consultation with 
the Secretary of the Air Force, shall submit to Con-
gress a report on the progress of the alternative avia-
tion fuel initiative program, including—
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(A) the status of aircraft fleet certification, 
until complete; 
(B) the quantities of alternative or synthetic 
fuels (including blends of alternative or synthetic 
fuels with conventional fuels) purchased for use 
by the Air Force in the fiscal year ending in 
such year; 
(C) progress made against published goals 
for such fiscal year; 
(D) the status of recovery plans to achieve 
any goals set for previous years that were not 
achieved; and 
(E) the establishment or adjustment of goals 
and objectives for the current fiscal year or for 
future years. 
(c) ANNUAL REPORT FOR ARMY AND NAVY.—Not later 
than 180 days after the date of the enactment of this Act, 
and annually thereafter in each of fiscal years 2011 through 
2016, the Secretary of the Army and the Secretary of the 
Navy shall each submit to Congress a report on goals and 
progress to research, test, and certify the use of alternative 
fuels in their respective aircraft fleets. 
(d) DEFENSE SCIENCE BOARD REVIEW.— 
(1) REPORT REQUIRED.—Not later than October 
1, 2011, the Defense Science Board shall report to the
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Secretary of Defense on the feasibility and advis-
ability of achieving the goals established in subsection 
(b)(1). The report shall address— 
(A) 
the 
technological 
and 
economic 
achievability of the goals; 
(B) the impact of actions required to meet 
such goals on the military readiness of the Air 
Force, energy costs, environmental performance, 
and dependence on foreign oil; and 
(C) any recommendations the Defense 
Science Board may have for improving the Air 
Force program. 
(2) SUBMISSION TO CONGRESS.—Not later than 
30 days after receiving the report required by under 
paragraph (1), the Secretary of Defense shall forward 
the report to Congress, together with the comments 
and recommendations of the Secretary. 
SEC. 334. AUTHORIZATION OF APPROPRIATIONS FOR DI-
RECTOR OF OPERATIONAL ENERGY. 
Of the amounts authorized to be appropriated for Op-
eration and Maintenance, Defense-wide, $5,000,000 is for 
the Director of Operational Energy Plans and Programs 
to carry out the duties prescribed for the Director under 
section 139b of title 10, United States Code, to be made
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available upon the confirmation of an individual to serve 
as the Director of Operational Energy Plans and Programs. 
SEC. 335. DEPARTMENT OF DEFENSE PARTICIPATION IN 
PROGRAMS FOR MANAGEMENT OF ENERGY 
DEMAND OR REDUCTION OF ENERGY USAGE 
DURING PEAK PERIODS. 
(a) IN GENERAL.—Subchapter I of chapter 173 of title 
10, United States Code, is amended by adding at the end 
the following new section: 
‘‘§ 2919. Department of Defense participation in pro-
grams for management of energy demand 
or reduction of energy usage during peak 
periods 
‘‘(a) PARTICIPATION IN DEMAND RESPONSE OR LOAD 
MANAGEMENT PROGRAMS.—The Secretary of Defense, the 
Secretaries of the military departments, the heads of the De-
fense Agencies, and the heads of other instrumentalities of 
the Department of Defense are authorized to participate in 
demand response programs for the management of energy 
demand or the reduction of energy usage during peak peri-
ods conducted by any of the following parties: 
‘‘(1) An electric utility 
‘‘(2) An independent system operator. 
‘‘(3) A State agency.
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‘‘(4) A third party entity (such as a demand re-
sponse aggregator or curtailment service provider) 
implementing demand response programs on behalf of 
an electric utility, independent system operator, or 
State agency. 
‘‘(b) TREATMENT
OF CERTAIN FINANCIAL INCEN-
TIVES.—Financial incentives received from an entity speci-
fied in subsection (a) shall be received in cash and deposited 
into the Treasury as a miscellaneous receipt. Amounts re-
ceived shall be available for obligation only to the extent 
provided in advance in an appropriations Act. The Sec-
retary concerned or the head of the Defense Agency or other 
instrumentality, as the case may be, shall pay for the cost 
of the design and implementation of these services in full 
in the year in which they are received from amounts pro-
vided in advance in an appropriations Act. 
‘‘(c) USE OF CERTAIN FINANCIAL INCENTIVES.—Of the 
amounts derived from financial incentives awarded to a 
military installation as described in subsection (b) and pro-
vided for in advance by an appropriations Act— 
‘‘(1) not less than 100 percent shall be made 
available for use at such military installation; and 
‘‘(2) not less than 30 percent shall be made 
available for energy management initiatives at such 
installation.’’.
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(b) CLERICAL AMENDMENT.—The table of sections at 
the beginning of such subchapter is amended by adding at 
the end the following new item: 
‘‘2919. Department of Defense participation in programs for management of en-
ergy demand or reduction of energy usage during peak periods.’’. 
Subtitle E—Reports 
SEC. 341. STUDY ON ARMY MODULARITY. 
(a) STUDY.— 
(1) IN GENERAL.—Not later than 30 days after 
the date of the enactment of this Act, the Secretary of 
Defense shall enter into a contract with a Federally 
Funded Research and Development Center (FFRDC) 
to conduct a study on the current and planned 
modularity structures of the Army to determine the 
following: 
(A) The operational capability of the Army 
to execute its core mission to contribute land 
power to joint operations. 
(B) The ability to manage flexibility and 
versatility of Army forces across the range of 
military operations. 
(C) The tactical, operational, and strategic 
risk associated with the heavy and light modular 
combat brigades and functional brigades. 
(D) The required and planned end strength 
for the Army.
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(2) FACTORS TO CONSIDER.—The study required 
under subsection (a) shall take into consideration the 
following factors: 
(A) The Army’s historical experience with 
separate brigade structures. 
(B) The original Army analysis, including 
explicit or implicit assumptions, upon which the 
brigade combat team, functional brigade, and 
higher headquarters’ designs were based. 
(C) Subsequent analysis that confirmed or 
modified the original designs. 
(D) Lessons learned from Operations Iraqi 
Freedom and Enduring Freedom that confirmed 
or modified the original designs. 
(E) Improvements in brigade and head-
quarters designs the Army has made or is imple-
menting. 
(3) ACCESS TO INFORMATION.—The Secretary of 
Defense and the Secretary of the Army shall ensure 
that the FFRDC conducting the study has access to 
all necessary data, records, analysis, personnel, and 
other resources necessary to complete the study. 
(b) REPORT.—Not later than December 31, 2010, the 
Secretary of Defense shall submit to the congressional de-
fense committees a report containing the results of the study
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conducted under subsection (a), together with comments by 
the Chief of Staff of the Army and the Secretary of Defense. 
SEC. 342. PLAN FOR MANAGING VEGETATIVE ENCROACH-
MENT AT TRAINING RANGES. 
Section 366(a)(5) of the Bob Stump National Defense 
Authorization Act for Fiscal Year 2003 (Public Law 107– 
314; 10 U.S.C. 113 note) is amended— 
(1) by striking ‘‘(5) At the same time’’ and in-
serting ‘‘(5)(A) At the same time’’; and 
(2) by adding at the end the following new sub-
paragraph: 
‘‘(B) Beginning with the report submitted to Congress 
at the same time as the President submits the budget for 
fiscal year 2011, the report required under this subsection 
shall include the following: 
‘‘(i) An assessment of the extent to which vegeta-
tion and overgrowth limits the use of military lands 
available for training of the Armed Forces in the 
United States and overseas. 
‘‘(ii) Identification of the particular installations 
and training areas at which vegetation and over-
growth negatively impact the use of training space. 
‘‘(iii)(I) As part of the first such report sub-
mitted, a plan to address training constraints caused 
by vegetation and overgrowth.
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‘‘(II) As part of each subsequent report, any nec-
essary updates to such plan.’’. 
SEC. 343. REPORT ON STATUS OF AIR NATIONAL GUARD 
AND AIR FORCE RESERVE. 
Not later than 180 days after the date of the enactment 
of this Act, the Secretary of Defense, in consultation with 
the Secretary of the Air Force, the Chief of the National 
Guard Bureau, the Director of the Air National Guard, the 
Chief of the Air Force Reserve, and such other officials as 
the Secretary of Defense considers appropriate, shall submit 
to Congress a report on— 
(1) the status of the Air National Guard and the 
Air Force Reserve; and 
(2) the plans of the Department of Defense to en-
sure that the Air National Guard and the Air Force 
Reserve remain ready to meet the requirements of the 
Air Force and the combatant commands and for 
homeland defense. 
TITLE IV—MILITARY PERSONNEL 
AUTHORIZATIONS 
Subtitle A—Active Forces 
SEC. 401. END STRENGTHS FOR ACTIVE FORCES. 
The Armed Forces are authorized strengths for active 
duty personnel as of September 30, 2010, as follows: 
(1) The Army, 547,400.
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(2) The Navy, 328,800. 
(3) The Marine Corps, 202,100. 
(4) The Air Force, 331,700. 
SEC. 402. ADDITIONAL AUTHORITY FOR INCREASES OF 
ARMY ACTIVE-DUTY END STRENGTHS FOR 
FISCAL YEARS 2010, 2011, AND 2012. 
(a) AUTHORITY TO INCREASE ARMY ACTIVE-DUTY 
END STRENGTH.— 
(1) AUTHORITY.—For each of fiscal years 2010, 
2011, and 2012, the Secretary of Defense may, as the 
Secretary determines necessary for the purposes speci-
fied in paragraph (2), establish the active-duty end 
strength for the Army at a number greater than the 
number otherwise authorized by law up to the number 
equal to the fiscal-year 2010 baseline plus 30,000. 
(2) PURPOSE OF INCREASES.—The purposes for 
which an increase may be made in the active duty 
end strength for the Army under paragraph (1) are 
the following: 
(A) To increase dwell time for members of 
the Army on active duty. 
(B) To support operational missions. 
(C) To achieve reorganizational objectives, 
including increased unit manning, force sta-
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bilization and shaping, and supporting wounded 
warriors. 
(b) RELATIONSHIP TO PRESIDENTIAL WAIVER AU-
THORITY.—Nothing in this section shall be construed to 
limit the authority of the President under section 123a of 
title 10, United States Code, to waive any statutory end 
strength in a time of war or national emergency. 
(c) RELATIONSHIP
TO OTHER VARIANCE AUTHOR-
ITY.—The authority in subsection (a) is in addition to the 
authority to vary authorized end strengths that is provided 
in subsections (e) and (f) of section 115 of title 10, United 
States Code. 
(d) BUDGET TREATMENT.— 
(1) IN GENERAL.—If the Secretary of Defense in-
creases active-duty end strength for the Army for fis-
cal year 2010 under subsection (a), the Secretary may 
fund such an increase through Department of Defense 
reserve funds or through an emergency supplemental 
appropriation. 
(2) FISCAL YEARS 2011 AND 2012.—(2) If the Sec-
retary of Defense plans to increase the active-duty end 
strength for the Army for fiscal year 2011 or 2012, 
the budget for the Department of Defense for such fis-
cal year as submitted to Congress shall include the 
amounts necessary for funding the active-duty end
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strength for the Army in excess of the fiscal-year 2010 
baseline. 
(e) DEFINITIONS.—In this section: 
(1) FISCAL-YEAR 2010 BASELINE.—The term ‘‘fis-
cal-year 2010 baseline’’, with respect to the Army, 
means the active-duty end strength authorized for the 
Army in section 401(1). 
(2) ACTIVE-DUTY
END
STRENGTH.—The term 
‘‘active-duty end strength’’, with respect to the Army 
for a fiscal year, means the strength for active duty 
personnel of Army as of the last day of the fiscal year. 
Subtitle B—Reserve Forces 
SEC. 411. END STRENGTHS FOR SELECTED RESERVE. 
(a) IN GENERAL.—The Armed Forces are authorized 
strengths for Selected Reserve personnel of the reserve com-
ponents as of September 30, 2010, as follows: 
(1) The Army National Guard of the United 
States, 358,200. 
(2) The Army Reserve, 205,000. 
(3) The Navy Reserve, 65,500. 
(4) The Marine Corps Reserve, 39,600. 
(5) The Air National Guard of the United 
States, 106,700. 
(6) The Air Force Reserve, 69,500. 
(7) The Coast Guard Reserve, 10,000.
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(b) ADJUSTMENTS.—The end strengths prescribed by 
subsection (a) for the Selected Reserve of any reserve compo-
nent shall be proportionately reduced by— 
(1) the total authorized strength of units orga-
nized to serve as units of the Selected Reserve of such 
component which are on active duty (other than for 
training) at the end of the fiscal year; and 
(2) the total number of individual members not 
in units organized to serve as units of the Selected 
Reserve of such component who are on active duty 
(other than for training or for unsatisfactory partici-
pation in training) without their consent at the end 
of the fiscal year. 
Whenever such units or such individual members are re-
leased from active duty during any fiscal year, the end 
strength prescribed for such fiscal year for the Selected Re-
serve of such reserve component shall be increased propor-
tionately by the total authorized strengths of such units and 
by the total number of such individual members. 
SEC. 412. END STRENGTHS FOR RESERVES ON ACTIVE 
DUTY IN SUPPORT OF THE RESERVES. 
Within the end strengths prescribed in section 411(a), 
the reserve components of the Armed Forces are authorized, 
as of September 30, 2010, the following number of Reserves 
to be serving on full-time active duty or full-time duty, in
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the case of members of the National Guard, for the purpose 
of organizing, administering, recruiting, instructing, or 
training the reserve components: 
(1) The Army National Guard of the United 
States, 32,060. 
(2) The Army Reserve, 16,261. 
(3) The Navy Reserve, 10,818. 
(4) The Marine Corps Reserve, 2,261. 
(5) The Air National Guard of the United 
States, 14,555. 
(6) The Air Force Reserve, 2,896. 
SEC. 413. END STRENGTHS FOR MILITARY TECHNICIANS 
(DUAL STATUS). 
The minimum number of military technicians (dual 
status) as of the last day of fiscal year 2010 for the reserve 
components of the Army and the Air Force (notwith-
standing section 129 of title 10, United States Code) shall 
be the following: 
(1) For the Army Reserve, 8,395. 
(2) For the Army National Guard of the United 
States, 27,210. 
(3) For the Air Force Reserve, 10,417. 
(4) For the Air National Guard of the United 
States, 22,313.
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SEC. 414. FISCAL YEAR 2010 LIMITATION ON NUMBER OF 
NON-DUAL STATUS TECHNICIANS. 
(a) LIMITATIONS.— 
(1) NATIONAL
GUARD.—Within the limitation 
provided in section 10217(c)(2) of title 10, United 
States Code, the number of non-dual status techni-
cians employed by the National Guard as of Sep-
tember 30, 2010, may not exceed the following: 
(A) For the Army National Guard of the 
United States, 1,600. 
(B) For the Air National Guard of the 
United States, 350. 
(2) ARMY RESERVE.—The number of non-dual 
status technicians employed by the Army Reserve as 
of September 30, 2010, may not exceed 595. 
(3) AIR FORCE RESERVE.—The number of non- 
dual status technicians employed by the Air Force 
Reserve as of September 30, 2010, may not exceed 90. 
(b) NON-DUAL STATUS TECHNICIANS DEFINED.—In 
this section, the term ‘‘non-dual status technician’’ has the 
meaning given that term in section 10217(a) of title 10, 
United States Code.
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SEC. 415. MAXIMUM NUMBER OF RESERVE PERSONNEL AU-
THORIZED TO BE ON ACTIVE DUTY FOR 
OPERATIONAL SUPPORT. 
During fiscal year 2010, the maximum number of 
members of the reserve components of the Armed Forces who 
may be serving at any time on full-time operational sup-
port duty under section 115(b) of title 10, United States 
Code, is the following: 
(1) The Army National Guard of the United 
States, 17,000. 
(2) The Army Reserve, 13,000. 
(3) The Navy Reserve, 6,200. 
(4) The Marine Corps Reserve, 3,000. 
(5) The Air National Guard of the United 
States, 16,000. 
(6) The Air Force Reserve, 14,000. 
SEC. 416. REPORT ON TRAINEE ACCOUNT FOR THE ARMY 
NATIONAL GUARD. 
(a) REPORT REQUIRED.—Not later than 180 days 
after the date of the enactment of this Act, the Secretary 
of the Army shall submit to the congressional defense com-
mittees a report setting forth an assessment of the establish-
ment within the Army National Guard of a trainees, tran-
sients, holdees, and students account (commonly referred to 
as a ‘‘TTHS’’ account).
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(b) ELEMENTS.—The report required by subsection (a) 
shall include an assessment of the feasibility and advis-
ability of permitting the Army National Guard to have, 
without regard to its authorized end strength levels for a 
fiscal year, a trainees, transients, holdees, and students ac-
count for assigning all members of the Army National 
Guard who have not completed initial entry training in 
order to ensure that all personnel of fully manned and 
deployable units of the Army National Guard have com-
pleted initial entry training. 
SEC. 417. AUTHORITY FOR SERVICE SECRETARY VARIANCES 
FOR SELECTED RESERVE END STRENGTHS. 
Section 115(g) of title 10, United States Code, is 
amended to read as follows: 
‘‘(g) AUTHORITY FOR SERVICE SECRETARY VARIANCES 
FOR
ACTIVE-DUTY
AND
SELECTED
RESERVE
END 
STRENGTHS.—(1) Upon determination by the Secretary of 
a military department that such action would enhance 
manning and readiness in essential units or in critical spe-
cialties or ratings, the Secretary may— 
‘‘(A) increase the end strength authorized pursu-
ant to subsection (a)(1)(A) for a fiscal year for the 
armed force under the jurisdiction of that Secretary 
or, in the case of the Secretary of the Navy, for any 
of the armed forces under the jurisdiction of that Sec-
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retary, by a number equal to not more than 2 percent 
of such authorized end strength; and 
‘‘(B) increase the end strength authorized pursu-
ant to subsection (a)(2) for a fiscal year for the Se-
lected Reserve of the reserve component of the armed 
force under the jurisdiction of that Secretary or, in 
the case of the Secretary of the Navy, for the Selected 
Reserve of the reserve component of any of the armed 
forces under the jurisdiction of that Secretary, by a 
number equal to not more than 2 percent of such au-
thorized end strength. 
‘‘(2) Any increase under paragraph (1) of the end 
strength for an armed force or the Selected Reserve of a re-
serve component of an armed force shall be counted as part 
of the increase for that armed force or Selected Reserve for 
that fiscal year authorized under subsection (f)(1) or sub-
section (f)(3), respectively.’’. 
Subtitle C—Authorization of 
Appropriations 
SEC. 421. MILITARY PERSONNEL. 
(a) AUTHORIZATION OF APPROPRIATIONS.—There is 
hereby authorized to be appropriated for fiscal year 2010 
for the Department of Defense for military personnel 
amounts as follows: 
(1) For military personnel, $124,864,942,000.
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(2) For contributions to the Medicare-Eligible 
Retiree Health Fund, $10,751,339,000. 
(b) CONSTRUCTION OF AUTHORIZATION.—The author-
ization of appropriations in subsection (a) supersedes any 
other authorization of appropriations (definite or indefi-
nite) for such purpose for fiscal year 2010. 
TITLE V—MILITARY PERSONNEL 
POLICY 
Subtitle A—Officer Personnel Policy 
SEC. 501. MODIFICATION OF LIMITATIONS ON GENERAL 
AND FLAG OFFICERS ON ACTIVE DUTY. 
(a) CLARIFICATION OF DISTRIBUTION LIMITS.—Sec-
tion 525 of title 10, United States Code, is amended by 
striking subsections (a) and (b) and inserting the following 
new subsections: 
‘‘(a) For purposes of the applicable limitation in sec-
tion 526(a) of this title on general and flag officers on active 
duty, no appointment of an officer on the active duty list 
may be made as follows: 
‘‘(1) in the Army, if that appointment would re-
sult in more than— 
‘‘(A) 7 officers in the grade of general; 
‘‘(B) 45 officers in a grade above the grade 
of major general; or
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‘‘(C) 90 officers in the grade of major gen-
eral; 
‘‘(2) in the Air Force, if that appointment would 
result in more than— 
‘‘(A) 9 officers in the grade of general; 
‘‘(B) 43 officers in a grade above the grade 
of major general; or 
‘‘(C) 73 officers in the grade of major gen-
eral; 
‘‘(3) in the Navy, if that appointment would re-
sult in more than— 
‘‘(A) 6 officers in the grade of admiral; 
‘‘(B) 32 officers in a grade above the grade 
of rear admiral; or 
‘‘(C) 50 officers in the grade of rear admi-
ral; 
‘‘(4) in the Marine Corps, if that appointment 
would result in more than— 
‘‘(A) 2 officers in the grade of general; 
‘‘(B) 15 officers in a grade above the grade 
of major general; or 
‘‘(C) 22 officers in the grade of major gen-
eral. 
‘‘(b)(1) The limitations of subsection (a) do not include 
the following:
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(2) in paragraph (3)(A), by striking ‘‘the num-
ber equal to 10 percent of the total number of officers 
that may be serving on active duty in those grades in 
the Army, Navy, Air Force, and Marine Corps under 
subsection (b)’’ and inserting ‘‘15’’; and 
(3) in paragraph (3)(B), by striking ‘‘the num-
ber equal to 15 percent of the total number of officers 
that may be serving on active duty in those grades in 
the Army, Navy, Air Force, and Marine Corps’’ and 
inserting ‘‘5’’. 
(c) OTHER DISTRIBUTION CLARIFICATIONS.—Such 
section is further amended— 
(1) in subsection (e), by striking ‘‘In deter-
mining the total number of general officers or flag of-
ficers of an armed force on active duty for purposes 
of this section, the following officers shall not be 
counted:’’ in the matter preceding paragraph (1) and 
inserting ‘‘The following officers shall not be counted 
for purposes of this section:’’; and 
(2) by adding at the end the following new sub-
section: 
‘‘(g) The limitations of this section do not apply to 
a reserve component general or flag officer who is on active 
duty and serving in a position that is a joint duty assign-
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ment for the purposes of chapter 38 of this title for a period 
not to exceed three years.’’. 
(d) CHANGE
TO AUTHORIZED STRENGTHS.—Sub-
section (a) of section 526 of such title is amended— 
(1) in paragraph (1), by striking ‘‘307’’ and in-
serting ‘‘230’’; 
(2) in paragraph (2), by striking ‘‘216’’ and in-
serting ‘‘160’’; 
(3) in paragraph (3), by striking ‘‘279’’ and in-
serting ‘‘208’’; and 
(4) in paragraph (4), by striking ‘‘81’’ and in-
serting ‘‘60’’. 
(e) CHANGES
TO LIMITED EXCLUSION
FOR JOINT 
DUTY REQUIREMENTS.—Subsection (b) of such section is 
amended— 
(1) in paragraph (1)— 
(A) by striking ‘‘Chairman of the Joint 
Chiefs of Staff’’ and inserting ‘‘Secretary of De-
fense’’; 
(B) by striking ‘‘65’’ and inserting ‘‘324’’; 
and 
(C) by striking the second sentence and in-
serting the following new sentence: ‘‘The Sec-
retary of Defense shall allocate those exclusions 
to the armed forces based on the number of gen-
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eral or flag officers required from each armed 
force for assignment to these designated posi-
tions.’’; 
(2) by redesignating paragraph (2) as para-
graph (4); and 
(3) by inserting after paragraph (1) the fol-
lowing new paragraphs: 
‘‘(2) Unless the Secretary of Defense determines that 
a lower number is in the best interest of the Department, 
the minimum number of officers serving in positions des-
ignated under paragraph (1) for each armed force shall be 
as follows: 
‘‘(A) For the Army, 85. 
‘‘(B) For the Navy, 61. 
‘‘(C) For the Air Force, 76. 
‘‘(D) For the Marine Corps, 21. 
‘‘(3) The number excluded under paragraph (1) and 
serving in positions designated under that paragraph— 
‘‘(A) in the grade of general or admiral may not 
exceed 20; 
‘‘(B) in a grade above the grade of major general 
or rear admiral may not exceed 68; and 
‘‘(C) in the grade of major general or rear admi-
ral may not exceed 144.’’.
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(f) OTHER AUTHORIZATION CLARIFICATIONS.—Such 
section is further amended— 
(1) in subsection (d), by adding at the end the 
following new paragraph: 
‘‘(3) The limitations of this section do not apply to 
a reserve component general or flag officer who is on active 
duty and serving in a position that is a joint duty assign-
ment for the purposes of chapter 38 of this title for a period 
not to exceed three years.’’; and 
(2) by adding at the end the following new sub-
sections: 
‘‘(g) TEMPORARY EXCLUSION FOR ASSIGNMENT TO 
CERTAIN TEMPORARY BILLETS.—(1) The limitations in 
subsection (a) and in section 525(a) of this title do not 
apply to a general or flag officer assigned to a temporary 
joint duty assignment designated by the Secretary of De-
fense. 
‘‘(2) A general or flag officer assigned to a temporary 
joint duty assignment as described in paragraph (1) may 
not be excluded under this subsection from the limitations 
in subsection (a) for a period of longer than one year. 
‘‘(h) EXCLUSION
OF OFFICERS DEPARTING FROM 
JOINT DUTY ASSIGNMENTS.—The limitations in subsection 
(a) do not apply to an officer released from a joint duty 
assignment, but only during the 60-day period beginning
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on the date the officer departs the joint duty assignment; 
except that the Secretary of Defense may authorize the Sec-
retary of a military department to extend the 60-day by 
an additional 120 days, but no more than 3 officers from 
each armed force may be on active duty who are excluded 
under this subsection.’’. 
(g) REPEAL OF LIMITATIONS ON GENERAL AND FLAG 
OFFICER ACTIVITIES OUTSIDE THE OFFICER’S OWN SERV-
ICE.— 
(1) REPEAL.—Section 721 of such title is re-
pealed. 
(2) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of chapter 41 of such title is 
amended by striking the item relating to section 721. 
(h) REPEAL OF SUPERSEDED AUTHORITY.—Section 
506 of the Duncan Hunter National Defense Authorization 
Act for Fiscal Year 2009 (Public Law 110–417; 122 Stat. 
4434; 10 U.S.C. 525 note) is repealed. 
SEC. 502. REVISIONS TO ANNUAL REPORT REQUIREMENT 
ON JOINT OFFICER MANAGEMENT. 
Section 667 of title 10, United States Code, is amend-
ed— 
(1) in paragraph (1)(A), by striking ‘‘and their 
education and experience’’; 
(2) by striking paragraph (3);
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(3) by transferring subparagraph (B) of para-
graph (4) to the end of paragraph (1), redesignating 
that subparagraph as subparagraph (C), aligning 
that subparagraph with the margin of subparagraph 
(B) of paragraph (1), and capitalizing the first word 
of that subparagraph; 
(4) by striking the remainder of paragraph (4), 
as amended by paragraph (3) of this section; 
(5) by redesignating paragraph (5) as para-
graph (3); 
(6) by striking paragraph (6); 
(7) by redesignating paragraphs (7) through (11) 
as paragraphs (4) through (8), respectively; 
(8) by redesignating paragraph (12) as para-
graph (9) and in that paragraph striking ‘‘each time 
the’’ and all that follows and inserting ‘‘the principal 
courses of instruction for Joint Professional Military 
Education Level II, the number of officers graduating 
from each of the following: 
‘‘(A) The Joint Forces Staff College. 
‘‘(B) The National Defense University. 
‘‘(C) Senior Service Schools.’’; and 
(9) by redesignating paragraph (13) as para-
graph (10).
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SEC. 503. GRADE OF LEGAL COUNSEL TO THE CHAIRMAN OF 
THE JOINT CHIEFS OF STAFF. 
(a) IN GENERAL.—Section 156(c) of title 10, United 
States Code, is amended by striking ‘‘, while so serving, 
hold the’’ and inserting ‘‘be appointed in the regular’’. 
(b) EFFECTIVE DATE.—The amendment made by sub-
section (a) shall take effect on the date of the enactment 
of this Act, and shall apply with respect to individuals ap-
pointed as Legal Counsel to the Chairman of the Joint 
Chiefs of Staff on or after that date. 
SEC. 504. CHIEF AND DEPUTY CHIEF OF CHAPLAINS OF THE 
AIR FORCE. 
(a) IN GENERAL.—Chapter 805 of title 10, United 
States Code, is amended by inserting after section 8038 the 
following new section: 
‘‘§ 8039. Chief and Deputy Chief of Chaplains: ap-
pointment; duties 
‘‘(a) CHIEF OF CHAPLAINS.—(1) There is a Chief of 
Chaplains in the Air Force, who shall be appointed by the 
President, by and with the advice and consent of the Senate, 
from active duty officers of the Air Force Chaplain Corps 
serving in the grade of colonel or above who have served 
on active duty as a chaplain for at least eight years. 
‘‘(2) An officer appointed as the Chief of Chaplains 
shall be appointed for a term of three years. However, the
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President may terminate or extend the appointment at any 
time. 
‘‘(3) The Chief of Chaplains shall be appointed in the 
regular grade of major general. 
‘‘(4) The Chief of Chaplains shall perform such duties 
as may be prescribed by the Secretary of the Air Force and 
by law. 
‘‘(b) DEPUTY CHIEF OF CHAPLAINS.—(1) There is a 
Deputy Chief of Chaplains in the Air Force who shall be 
appointed by the President by and with the advice and con-
sent of the Senate from active duty officers of the Air Force 
Chaplain Corps serving in the grade of colonel who have 
served on active duty as a chaplain for at least eight years. 
‘‘(2) An officer appointed as the Deputy Chief of Chap-
lains shall be appointed for a term of three years. However, 
the President may terminate or extend the appointment at 
any time. 
‘‘(3) The Deputy Chief of Chaplains shall be appointed 
in the regular grade of brigadier general. 
‘‘(4) The Deputy Chief of Chaplains shall perform such 
duties as may be prescribed by the Secretary of the Air 
Force, the Chief of Chaplains, and by law. 
‘‘(c) 
SELECTION
OF
RECOMMENDED
OFFICERS 
THROUGH SELECTION BOARD PROCEDURES.—Under regu-
lations approved by the Secretary of Defense, the Secretary
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of the Air Force in selecting an officer for recommendation 
to the President under subsection (a) for appointment as 
the Chief of Chaplains or under subsection (b) for appoint-
ment as the Deputy Chief of Chaplains shall ensure that 
the officer selected is recommended by a board of officers 
that, insofar as is practicable, is subject to the procedures 
applicable to selection boards convened under chapter 36 
of this title.’’. 
(b) CLERICAL AMENDMENT.—The table of sections at 
the beginning of chapter 805 of such title is amended by 
inserting after the item related to section 8038 the following 
new item: 
‘‘8039. Chief and Deputy Chief of Chaplains: appointment; duties.’’. 
Subtitle B—Reserve Component 
Management 
SEC. 511. REPORT ON REQUIREMENTS OF THE NATIONAL 
GUARD 
FOR 
NON-DUAL 
STATUS 
TECHNI-
CIANS. 
(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 Committees on Armed Serv-
ices of the Senate and House of Representatives a report 
setting forth the following: 
(1) A description of the types of duties performed 
for the National Guard by non-dual status techni-
cians.
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(2) A description of the current requirements of 
the National Guard for non-dual status technicians. 
(3) A description of various means of addressing 
any shortfalls in meeting such requirements, includ-
ing both temporary shortfalls and permanent short-
falls. 
(b) CONSIDERATIONS.—The report required by sub-
section (a) shall take into consideration the effects of the 
mobilization of large numbers of National Guard military 
technicians (dual status) on the readiness of National 
Guard units in critically important areas and on the ca-
pacity of the National Guard to continue performing home- 
based missions and responsibilities for the States. 
Subtitle C—Education and 
Training 
SEC. 521. GRADE OF COMMISSIONED OFFICERS IN UNI-
FORMED MEDICAL ACCESSION PROGRAMS. 
(a) 
MEDICAL
STUDENTS
OF
USUHS.—Section 
2114(b) of title 10, United States Code, is amended— 
(1) in paragraph (1), by striking the second sen-
tence and inserting the following new sentences: 
‘‘Each medical student shall be appointed as a reg-
ular officer in the grade of second lieutenant or en-
sign. An officer so appointed may, upon meeting such 
criteria for promotion as may be prescribed by the
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(2) in paragraph (2), by striking ‘‘grade of sec-
ond lieutenant or ensign’’ and inserting ‘‘grade in 
which the member is serving under paragraph (1)’’. 
(c) OFFICERS DETAILED AS STUDENTS AT MEDICAL 
SCHOOLS.—Subsection (e) of section 2004a of such title is 
amended— 
(1) in the subsection heading, by striking ‘‘AP-
POINTMENT
AND
TREATMENT
OF
PRIOR
ACTIVE 
SERVICE’’ and inserting ‘‘SERVICE
ON
ACTIVE 
DUTY’’; and 
(2) by striking paragraph (1) and inserting the 
following new paragraph (1): 
‘‘(1) A commissioned officer detailed under subsection 
(a) shall serve on active duty, subject to the limitations on 
grade specified in section 2114(b)(1) of this title and with 
the entitlement to basic pay as specified in section 
2114(b)(2) of this title.’’. 
SEC. 522. EXPANSION OF CRITERIA FOR APPOINTMENT AS 
MEMBER OF THE BOARD OF REGENTS OF THE 
UNIFORMED SERVICES UNIVERSITY OF THE 
HEALTH SCIENCES. 
Section 2113a(b)(1) of title 10, United States Code, is 
amended by striking ‘‘health and health education’’ and in-
serting ‘‘health care, higher education administration, and 
public policy’’.
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SEC. 523. DETAIL OF COMMISSIONED OFFICERS AS STU-
DENTS AT SCHOOLS OF PSYCHOLOGY. 
(a) IN GENERAL.—Chapter 101 of title 10, United 
States Code, is amended by inserting after section 2004 the 
following new section: 
‘‘§ 2004a. Detail of commissioned officers as students 
at schools of psychology 
‘‘(a) DETAIL AUTHORIZED.—The Secretary of each 
military department may detail commissioned officers of 
the armed forces as students at accredited schools of psy-
chology located in the United States for a period of training 
leading to the degree of Doctor of Philosophy in clinical 
psychology. No more than 25 officers from each military 
department may commence such training in any single fis-
cal year. 
‘‘(b) ELIGIBILITY FOR DETAIL.—To be eligible for de-
tail under subsection (a), an officer must be a citizen of 
the United States and must— 
‘‘(1) have served on active duty for a period of 
not less than two years nor more than six years and 
be in the pay grade 0–3 or below as of the time the 
training is to begin; and 
‘‘(2) sign an agreement that unless sooner sepa-
rated the officer will— 
‘‘(A) complete the educational course of psy-
chological training;
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‘‘(B) accept transfer or detail as a commis-
sioned officer within the military department 
concerned when the officer’s training is com-
pleted; and 
‘‘(C) agree to serve, following completion of 
the officer’s training, on active duty (or on ac-
tive duty and in the Selected Reserve) for a pe-
riod as specified pursuant to subsection (c). 
‘‘(c) SERVICE OBLIGATION.—(1) Except as provided in 
paragraph (2), the agreement of an officer under subsection 
(b) shall provide that the officer shall serve on active duty 
for two years for each year or part thereof of the officer’s 
training under subsection (a). 
‘‘(2) The agreement of an officer may authorize the of-
ficer to serve a portion of the officer’s service obligation on 
active duty and to complete the service obligation that re-
mains upon separation from active duty in the Selected Re-
serve. Under any such agreement, an officer shall serve three 
years in the Selected Reserve for each year or part thereof 
of the officer’s training under subsection (a) for any service 
obligation that was not completed before separation from 
active duty. 
‘‘(d) SELECTION OF OFFICERS FOR DETAIL.—Officers 
detailed for training under subsection (a) shall be selected
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on a competitive basis by the Secretary of the military de-
partment concerned. 
‘‘(e) RELATION OF SERVICE OBLIGATIONS TO OTHER 
SERVICE OBLIGATIONS.—Any service obligation incurred 
by an officer under an agreement entered into under sub-
section (b) shall be in addition to any service obligation 
incurred by the officer under any other provision of law 
or agreement. 
‘‘(f) EXPENSES.—Expenses incident to the detail of of-
ficers under this section shall be paid from any funds ap-
propriated for the military department concerned. 
‘‘(g) FAILURE TO COMPLETE PROGRAM.—(1) An offi-
cer who is dropped from a program of psychological train-
ing to which detailed under subsection (a) for deficiency 
in conduct or studies, or for other reasons, may be required 
to perform active duty in an appropriate military capacity 
in accordance with the active duty obligation imposed on 
the officer under regulations issued by the Secretary of De-
fense for purposes of this section. 
‘‘(2) In no case shall an officer be required to serve 
on active duty under paragraph (1) for any period in excess 
of one year for each year or part thereof the officer partici-
pated in the program. 
‘‘(h) LIMITATION ON DETAILS.—No agreement detail-
ing an officer of the armed forces to an accredited school
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of psychology may be entered into during any period in 
which the President is authorized by law to induct persons 
into the armed forces involuntarily. Nothing in this sub-
section shall affect any agreement entered into during any 
period when the President is not authorized by law to so 
induct persons into the armed forces.’’. 
(b) CLERICAL AMENDMENT.—The table of sections at 
the beginning of chapter 101 of such title is amended by 
inserting after the item relating to section 2004 the fol-
lowing new item: 
‘‘2004a. Detail of commissioned officers as students at schools of psychology.’’. 
SEC. 524. AIR FORCE ACADEMY ATHLETIC ASSOCIATION. 
(a) IN GENERAL.—Chapter 903 of title 10, United 
States Code, is amended by inserting after section 9361 the 
following new section: 
‘‘§ 9362. Air Force Academy athletic programs support 
‘‘(a) ESTABLISHMENT AUTHORIZED.— 
‘‘(1) IN
GENERAL.—The Secretary of the Air 
Force may, in accordance with the laws of the State 
of incorporation, establish a corporation to support 
the athletic programs of the Academy (in this section 
referred to as the ‘corporation’). All stock of the cor-
poration shall be owned by the United States and 
held in the name of and voted by the Secretary of the 
Air Force.
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‘‘(2) PURPOSE.—The corporation shall operate 
exclusively for charitable, educational, and civic pur-
poses to support the athletic programs of the Acad-
emy. 
‘‘(b) CORPORATE ORGANIZATION.—The corporation 
shall be organized and operated— 
‘‘(1) as a nonprofit corporation under section 
501(c)(3) of the Internal Revenue Code of 1986; 
‘‘(2) in accordance with this section; and 
‘‘(3) pursuant to the laws of the State of incorpo-
ration, its articles of incorporation, and its bylaws. 
‘‘(c) CORPORATE BOARD OF DIRECTORS.— 
‘‘(1) COMPENSATION.—The members of the board 
of directors shall serve without compensation, except 
for reasonable travel and other related expenses for at-
tendance at meetings. 
‘‘(2) AIR FORCE PERSONNEL.—The Secretary of 
the Air Force may authorize military and civilian 
personnel of the Air Force under section 1033 of this 
title to serve, in their official capacities, as members 
of the board of directors, but such personnel shall not 
hold more than one third of the directorships. 
‘‘(d) TRANSFER FROM NONAPPROPRIATED FUND OP-
ERATION.—The Secretary of the Air Force may, subject to 
the acceptance of the corporation, transfer to the corpora-
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† HR 2647 EAS 
tion all title to and ownership of the assets and liabilities 
of the Air Force nonappropriated fund instrumentality 
whose functions include providing support for the athletic 
programs of the Academy, including bank accounts and fi-
nancial reserves in its accounts, equipment, supplies, and 
other personal property, but excluding any interest in real 
property. 
‘‘(e) ACCEPTANCE OF GIFTS.—The Secretary of the Air 
Force may accept from the corporation funds, supplies, and 
services for the support of cadets and Academy personnel 
during their participation in, or in support of, Academy 
or corporate events related to the Academy athletic pro-
grams. 
‘‘(f) LEASING.—The Secretary of the Air Force may, 
in accordance with section 2667 of this title, lease real and 
personal property to the corporation for purposes related 
to the Academy athletic programs. Money rentals received 
from any such lease may be retained and spent by the Sec-
retary to support athletic programs of the Academy.’’. 
(b) CLERICAL AMENDMENT.—The table of sections at 
the beginning of such chapter is amended by inserting after 
the item relating to section 9361 the following new item: 
‘‘9362. Air Force Academy athletic programs support.’’.
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Subtitle D—Defense Dependents’ 
Education Matters 
SEC. 531. CONTINUATION OF AUTHORITY TO ASSIST LOCAL 
EDUCATIONAL AGENCIES THAT BENEFIT DE-
PENDENTS OF MEMBERS OF THE ARMED 
FORCES AND DEPARTMENT OF DEFENSE CI-
VILIAN EMPLOYEES. 
(a) ASSISTANCE
TO SCHOOLS WITH SIGNIFICANT 
NUMBERS OF MILITARY DEPENDENT STUDENTS.—Of the 
amount authorized to be appropriated for fiscal year 2010 
pursuant to section 301(a)(5) for operation and mainte-
nance for Defense-wide activities, $30,000,000 shall be 
available only for the purpose of providing assistance to 
local educational agencies under subsection (a) of section 
572 of the National Defense Authorization Act for Fiscal 
Year 2006 (Public Law 109–163; 119 Stat. 3271; 20 U.S.C. 
7703b). 
(b) ASSISTANCE
TO SCHOOLS WITH ENROLLMENT 
CHANGES DUE TO BASE CLOSURES, FORCE STRUCTURE 
CHANGES, OR FORCE RELOCATIONS.—Of the amount au-
thorized to be appropriated for fiscal year 2010 pursuant 
to section 301(5) for operation and maintenance for De-
fense-wide activities, $10,000,000 shall be available only for 
the purpose of providing assistance to local educational
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agencies under subsection (b) of such section 572, as amend-
ed by section 533 of this Act. 
(c) LOCAL EDUCATIONAL AGENCY DEFINED.—In this 
section, the term ‘‘local educational agency’’ has the mean-
ing given that term in section 8013(9) of the Elementary 
and Secondary Education Act of 1965 (20 U.S.C. 7713(9)). 
SEC. 532. IMPACT AID FOR CHILDREN WITH SEVERE DIS-
ABILITIES. 
Of the amount authorized to be appropriated for fiscal 
year 2010 pursuant to section 301(a)(5) for operation and 
maintenance for Defense-wide activities, $5,000,000 shall be 
available for payments under section 363 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–77; 20 U.S.C. 7703a). 
SEC. 533. TWO-YEAR EXTENSION OF AUTHORITY FOR AS-
SISTANCE TO LOCAL EDUCATIONAL AGEN-
CIES WITH ENROLLMENT CHANGES DUE TO 
BASE 
CLOSURES, 
FORCE 
STRUCTURE 
CHANGES, OR FORCE RELOCATIONS. 
Section 572(b)(4) of the National Defense Authoriza-
tion Act for Fiscal Year 2006 (Public Law 109–163; 119 
Stat. 3271; 20 U.S.C. 7703b(b)(4)) is amended by striking 
‘‘September 30, 2010’’ and inserting ‘‘September 30, 2012’’.
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SEC. 534. PERMANENT AUTHORITY FOR ENROLLMENT IN 
DEFENSE DEPENDENTS’ EDUCATION SYSTEM 
OF 
DEPENDENTS 
OF 
FOREIGN 
MILITARY 
MEMBERS ASSIGNED TO SUPREME HEAD-
QUARTERS ALLIED POWERS, EUROPE. 
(a) PERMANENT AUTHORITY.—Subsection (a)(2) of 
section 1404A of the Defense Dependents’ Education Act of 
1978 (20 U.S.C. 923a) is amended by striking ‘‘, and only 
through the 2010–2011 school year’’. 
(b) COMBATANT COMMANDER ADVICE AND ASSIST-
ANCE.—Subsection (c)(1) of such section is amended by in-
serting after ‘‘Secretary’’ the following: ‘‘, with the advice 
and assistance of the commander of the geographic combat-
ant command with jurisdiction over Mons, Belgium,’’. 
SEC. 535. STUDY ON OPTIONS FOR EDUCATIONAL OPPOR-
TUNITIES FOR DEPENDENT CHILDREN OF 
MEMBERS OF THE ARMED FORCES WHO DO 
NOT ATTEND DEPARTMENT OF DEFENSE DE-
PENDENTS SCHOOLS. 
(a) STUDY ON OPTIONS FOR EDUCATIONAL OPPORTU-
NITIES.— 
(1) STUDY REQUIRED.—The Secretary of Defense 
shall, in consultation with the Secretary of Edu-
cation, conduct a study on options for educational op-
portunities that are, or may be, available for depend-
ent children of members of the Armed Forces who do
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not attend Department of Defense dependents’ schools 
when the public elementary and secondary schools at-
tended by such children are determined to be in need 
of improvement pursuant to the No Child Left Behind 
Act of 2001 (Public Law 110–117). 
(2) OPTIONS.—The options to be considered 
under the study required by paragraph (1) shall in-
clude the following: 
(A) Vouchers. 
(B) Education provided by the Department 
of Defense through the Internet. 
(C) Charter schools. 
(D) Such other options as the Secretary of 
Defense, in consultation with the Secretary of 
Education, considers appropriate for purposes of 
the study. 
(3) ELEMENTS.—The study required by para-
graph (1) shall address the following matters: 
(A) The challenges faced by parents in mili-
tary families in securing quality elementary and 
secondary education for their children when the 
public elementary and secondary schools at-
tended by their children are identified as being 
in need of improvement.
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(B) The extent to which perceptions of dif-
fering degrees of quality in public elementary 
and secondary schools in different regions of the 
United States affect plans of military families to 
relocate, including relocation pursuant to a per-
manent change of duty station. 
(C) The various reasons why military fami-
lies seek educational opportunities for their chil-
dren other than those available through local 
public elementary and secondary schools. 
(D) The current level of student achievement 
in public elementary and secondary schools in 
school districts which have a high percentage of 
students who are children of military families. 
(E) The educational needs of children of 
military families who are required by location to 
attend public elementary and secondary schools 
identified as being in need of improvement. 
(F) The value and impact of a school vouch-
er or other alternative educational program for 
military families. 
(G) The extent to which the options referred 
to in paragraph (2) would provide a meaningful 
option for education for military children when 
the public elementary and secondary schools at-
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tended by such children are determined to be in 
need of improvement. 
(H) The extent to which the options referred 
to in paragraph (2) would improve the quality 
of education available for students with special 
needs, including students with learning disabil-
ities and gifted students. 
(I) Such other matters as the Secretary of 
Defense, in consultation with the Secretary of 
Education, considers appropriate for purposes of 
the study. 
(b) REPORT.—Not later than March 31, 2010, the Sec-
retary of Defense shall submit to the Committee on Armed 
Services of the Senate and the Committee on Armed Serv-
ices of the House of Representatives a report on the study 
required by subsection (b). The report shall include the fol-
lowing: 
(1) A description of the results of the study. 
(2) Such recommendations for legislative or ad-
ministrative action as the Secretary of Defense con-
siders appropriate in light of the results of the study.
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SEC. 536. SENSE OF SENATE ON THE INTERSTATE COMPACT 
ON EDUCATIONAL OPPORTUNITY FOR MILI-
TARY CHILDREN. 
(a) FINDINGS.—The Senate makes the following find-
ings: 
(1) The incongruity in how States assess and en-
roll transfer students creates challenges for the moving 
military family and can, in some cases, be detri-
mental to the higher education opportunities of mili-
tary children. 
(2) The inability to transfer credits, maintain 
the proper number of school-year hours, missing 
exams, and other obstacles can make moving as a 
military family difficult. 
(3) The average military child moves six to nine 
times between kindergarten and high school gradua-
tion, creating a variety of challenges and obstacles re-
lated to permanent change of station moves. 
(4) The demands and strains on members of the 
Armed Forces and their families continue to increase 
and will do so for the foreseeable future as the United 
States continues overseas contingency operations, and 
children and adolescents are acutely vulnerable to 
family stresses caused by the high operational tempo 
and may therefore be at a heightened risk for emo-
tional distress.