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of such personnel, but only to the extent that 
the defense contractor has been determined 
(through such a proceeding that results in such 
a disposition) that the defense contractor is also 
liable for such actions of the subcontractor. 
(2) SUBCONTRACTORS.—The Secretary of De-
fense shall prohibit the payment of award and incen-
tive fees to any subcontractor under a covered con-
tract that has been determined, through a criminal, 
civil, or administrative proceeding that results in a 
disposition listed in subsection (c), in the perform-
ance of a covered contract to have caused serious 
bodily injury or death to any civilian or military per-
sonnel of the Government through gross negligence 
or with reckless disregard for the safety of such per-
sonnel. 
(b) DETERMINATION
OF DEBARMENT.—Not later 
than 90 days after a determination pursuant to subsection 
(a)(1) has been made, the Secretary shall determine 
whether the defense contractor should be debarred from 
contracting with the Department of Defense. 
(c) LIST OF DISPOSITIONS IN CRIMINAL, CIVIL, OR 
ADMINISTRATIVE PROCEEDINGS.—For purposes of sub-
section (a), the dispositions listed in this subsection are 
as follows: 
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(1) In a criminal proceeding, a conviction. 
(2) In a civil proceeding, a finding of fault and 
liability that results in the payment of a monetary 
fine, penalty, reimbursement, restitution, or damages 
of $5,000 or more. 
(3) In an administrative proceeding, a finding 
of fault and liability that results in— 
(A) the payment of a monetary fine or 
penalty of $5,000 or more; or 
(B) the payment of a reimbursement, res-
titution, or damages in excess of $100,000. 
(4) To the maximum extent practicable and 
consistent with applicable laws and regulations, in a 
criminal, civil, or administrative proceeding, a dis-
position of the matter by consent or compromise 
with an acknowledgment of fault by the person if the 
proceeding could have led to any of the outcomes 
specified in paragraph (1), (2), or (3). 
(d) WAIVER.—The prohibition required by subsection 
(a) may be waived by the Secretary of Defense on a case- 
by-case basis if the Secretary finds that the prohibition 
would jeopardize national security. The Secretary shall no-
tify the congressional defense committees of any exercise 
of the waiver authority under this subsection. 
(e) DEFINITIONS.—In this section: 
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(1) The term ‘‘defense contractor’’ means a 
company awarded a covered contract. 
(2) The term ‘‘covered contract’’ means a con-
tract awarded by the Department of Defense for the 
procurement of goods or services. 
(3) The term ‘‘serious bodily injury’’ means a 
grievous physical harm that results in a permanent 
disability. 
(f) REGULATIONS.—Not later than 180 days after 
the date of the enactment of this Act, the Secretary of 
Defense shall prescribe regulations to implement the pro-
hibition required by subsection (a) and shall establish in 
such regulations— 
(1) that the prohibition applies only to award 
and incentive fees under the covered contract con-
cerned; 
(2) the extent of the award and incentive fees 
covered by the prohibition, but shall include, at a 
minimum, all award and incentive fees associated 
with the performance of the covered contract in the 
year in which the serious bodily injury or death re-
sulting in a disposition listed in subsection (c) oc-
curred; and 
(3) mechanisms for recovery by or repayment to 
the Government of award and incentive fees paid to 
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a contractor or subcontractor under a covered con-
tract prior to the determination. 
(g) EFFECTIVE DATE.—The prohibition required by 
subsection (a) shall apply to covered contracts awarded on 
or after the date occurring 180 days after the date of the 
enactment of this Act. 
SEC. 825. AUTHORIZATION FOR ACTIONS TO CORRECT THE 
INDUSTRIAL 
RESOURCE 
SHORTFALL 
FOR 
HIGH-PURITY 
BERYLLIUM 
METAL 
IN 
AMOUNTS NOT IN EXCESS OF $85,000,000. 
With respect to actions by the President under sec-
tion 303 of the Defense Production Act of 1950 (50 
U.S.C. App. 2093) to correct the industrial resource short-
fall for high-purity beryllium metal, the limitation in sub-
section (a)(6)(C) of such section shall be applied by sub-
stituting ‘‘$85,000,000’’ for ‘‘$50,000,000’’. 
SEC. 826. REVIEW OF POST EMPLOYMENT RESTRICTIONS 
APPLICABLE TO THE DEPARTMENT OF DE-
FENSE. 
(a) REVIEW REQUIRED.—The Panel on Contracting 
Integrity, established pursuant to section 813 of the John 
Warner National Defense Authorization Act for Fiscal 
Year 2007 (Public Law 109–364), shall review policies re-
lating to post-employment restrictions on former Depart-
ment of Defense personnel to determine whether such poli-
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cies adequately protect the public interest, without unrea-
sonably limiting future employment options for former De-
partment of Defense personnel. 
(b) MATTERS CONSIDERED.—In performing the re-
view required by subsection (a), the Panel shall consider 
the extent to which current post-employment restric-
tions— 
(1) appropriately protect the public interest by 
preventing personal conflicts of interests and pre-
venting former Department of Defense officials from 
exercising undue or inappropriate influence on the 
Department of Defense; 
(2) appropriately require disclosure of personnel 
accepting employment with contractors of the De-
partment of Defense involving matters related to 
their official duties; 
(3) use appropriate thresholds, in terms of sal-
ary or duties, for the establishment of such restric-
tions; 
(4) are sufficiently straightforward and have 
been explained to personnel of the Department of 
Defense so that such personnel are able to avoid po-
tential violations of post-employment restriction and 
conflicts of interest in interactions with former per-
sonnel of the Department; 
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(5) adequately address personnel performing 
duties in acquisition-related activities that are not 
covered by current restrictions relating to private 
sector employment following employment with the 
Department of Defense and procurement integrity, 
such as personnel involved in— 
(A) the establishment of requirements; 
(B) testing and evaluation; and 
(C) the development of doctrine; 
(6) ensure that the Department of Defense has 
access to world-class talent, especially with respect 
to highly qualified technical, engineering, and acqui-
sition expertise; and 
(7) ensure that service in the Department of 
Defense remains an attractive career option. 
(c) COMPLETION OF THE REVIEW.—The Panel shall 
complete the review required by subsection (a) not later 
than 1 year after the date of the enactment of this Act. 
(d) REPORT
TO COMMITTEES
ON ARMED SERV-
ICES.—Not later than 30 days after the completion of the 
review, the Panel shall submit to the Committees on 
Armed Services of the Senate and the House of Represent-
atives a report containing the findings of the review and 
the recommendations of the Panel to the Secretary of De-
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fense, including recommended legislative or regulatory 
changes, resulting from the review. 
(e) NATIONAL ACADEMY OF PUBLIC ADMINISTRA-
TION ASSESSMENT.— 
(1) Not later than 30 days after the completion 
of the review, the Secretary of Defense shall enter 
into an arrangement with the National Academy of 
Public Administration to assess the findings and rec-
ommendations of the review. 
(2) Not later than 210 days after the comple-
tion of the review, the National Academy of Public 
Administration shall provide its assessment of the 
review to the Secretary, along with such additional 
recommendations as the National Academy may 
have. 
(3) Not later than 30 days after receiving the 
assessment, the Secretary shall provide the assess-
ment, along with such comments as the Secretary 
considers appropriate, to the Committees on Armed 
Services of the Senate and the House of Representa-
tives. 
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SEC. 827. REQUIREMENT TO BUY MILITARY DECORATIONS, 
RIBBONS, BADGES, MEDALS, INSIGNIA, AND 
OTHER 
UNIFORM 
ACCOUTERMENTS 
PRO-
DUCED IN THE UNITED STATES. 
(a) REQUIREMENT.—Subchapter III of chapter 147 
of title 10, United States Code, is amended by adding at 
the end the following new section: 
‘‘§ 2495c. Requirement to buy military decorations 
and other uniform accouterments from 
American sources; exceptions 
‘‘(a) BUY-AMERICAN REQUIREMENT.—A military ex-
change store or other nonappropriated fund instrumen-
tality of the Department of Defense may not purchase for 
resale any military decorations, ribbons, badges, medals, 
insignia, and other uniform accouterments that are not 
produced in the United States. Competitive procedures 
shall be used in selecting the United States producer of 
the decorations. 
‘‘(b) HERALDIC QUALITY CONTROL.—No certificate 
of authority (contained in part 507 of title 32, Code of 
Federal Regulations) for the manufacture and sale of any 
item reference in subsection (a) by the Institute of Her-
aldry, the Navy Clothing and Textile Research Facility, 
or the Marine Corps Combat Equipment and Support Sys-
tems for quality control and specifications purposes shall 
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be permitted unless these items are from domestic mate-
rial manufactured in the United States. 
‘‘(c) EXCEPTION.—Subsections (a) and (b) do not 
apply to the extent that the Secretary of Defense deter-
mines that a satisfactory quality and sufficient quantity 
of an item covered by subsection (a) and produced in the 
United States cannot be procured at a reasonable cost. 
‘‘(d) UNITED STATES DEFINED.—In this section, the 
term ‘United States’ includes the Commonwealth of Puer-
to Rico, Guam, the United States Virgin Islands, the Com-
monwealth of the Northern Mariana Islands, American 
Samoa, and any other territory or possession of the United 
States.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
at the beginning of such subchapter is amended by adding 
at the end the following new item: 
‘‘2495c. Requirement to buy military decorations and other uniform 
accouterments from American sources; exceptions.’’. 
(c) 
CONFORMING
AMENDMENT.—Section 
2533a(b)(1) of such title is amended— 
(1) in subparagraph (D), by striking ‘‘or’’ at 
the end; 
(2) in subparagraph (E), by striking the period 
at the end and inserting ‘‘; or’’; and 
(3) by adding at the end the following new sub-
paragraph: 
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‘‘(F) military decorations, ribbons, badges, 
medals, 
insignia, 
and 
other 
uniform 
accouterments.’’. 
SEC. 828. FINDINGS AND REPORT ON THE USAGE OF RARE 
EARTH MATERIALS IN THE DEFENSE SUPPLY 
CHAIN. 
(a) FINDINGS.—Regarding the availability of rare 
earth materials and components containing rare earth ma-
terials in the defense supply chain Congress finds— 
(1) it is necessary, to the maximum extent 
practicable, to ensure the uninterrupted supply of 
strategic materials critical to national security, in-
cluding rare earth materials and other items covered 
under section 2533b of title 10, United States Code, 
to support the defense supply-chain, particularly 
when many of those materials are supplied by pri-
mary producers in unreliable foreign nations; 
(2) many less common metals, including rare 
earths and thorium, are critical to modern tech-
nologies, including numerous defense critical tech-
nologies and these technologies cannot be built with-
out the use of these metals and materials produced 
from them and therefore could qualify as strategic 
materials, critical to national security, in which case 
the Strategic Materials Protection Board should rec-
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HR 2647 PCS 
ommend a strategy to the President to ensure the 
domestic availability of these materials; and 
(3) there is a need to identify the strategic 
value placed on rare earth materials by foreign na-
tions (including China), and the Department of De-
fense’s supply-chain vulnerability related to rare 
earths and end items containing rare earths. 
(b) REPORT REQUIRED.—Not later than April 1, 
2010, the Comptroller General shall submit to the Com-
mittees on Armed Services of the Senate and House of 
Representatives a report on the usage of rare earth mate-
rials in the supply chain of the Department of Defense. 
(c) OBJECTIVES OF REPORT.—The objectives of the 
report required by subsection (b) shall be to determine the 
availability of rare earth materials, including ores, semi- 
finished rare earth products, components containing rare- 
earth materials, and other uses of rare earths by the De-
partment of Defense in its weapon systems. The following 
items shall be considered: 
(1) An analysis of past procurements and at-
tempted procurements by foreign governments or 
government- controlled entities, including mines and 
mineral rights, of rare-earth resources outside such 
nation’s territorial boundaries. 
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(2) An analysis of the worldwide availability of 
rare earths, such as samarium, neodymium, thorium 
and lanthanum, including current and potential do-
mestic sources for use in defense systems, including 
a projected analysis of projected availability of these 
materials in the export market. 
(3) A determination as to which defense sys-
tems are currently dependent on rare earths sup-
plied by nondomestic sources, particularly neodym-
ium iron boron magnets. 
(d) RARE EARTH DEFINED.—In this section, the 
term ‘‘rare earth’’ means the chemical elements, all met-
als, beginning with lanthanum, atomic number 57, and in-
cluding all of the natural chemical elements in the periodic 
table following lanthanum up to and including lutetium, 
element number 71. The term also includes the elements 
yttrium and scandium. 
SEC. 829. FURNITURE STANDARDS. 
All Department of Defense purchases of furniture in 
the United States and its territories made from Depart-
ment of Defense funds, including under design-build con-
tracts, must meet the same quality standards as specified 
by the General Services Administration schedule program 
and the Department of Defense. 
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SEC. 830. FOLLOW-ON CONTRACTS FOR CERTAIN ITEMS AC-
QUIRED FOR SPECIAL OPERATIONS FORCES. 
(a) AUTHORITY FOR AWARD OF FOLLOW-ON CON-
TRACTS.—The commander of the special operations com-
mand, acting under authority provided by section 
167(e)(4) of title 10, United States Code, may award a 
follow-on contract for the acquisition of an item to a con-
tractor who previously provided such item if— 
(1) the item is an item of special operations-pe-
culiar equipment and not anticipated to be made 
service common within 24 months of the initial con-
tract; 
(2) the item was previously acquired in the 
make, model, and type— 
(A) using competitive procedures; 
(B) under the authority of other statutory 
authority permitting noncompetitive or limited 
competition procurement actions (such as sec-
tion 8(a) of the Small Business Act (15 U.S.C. 
637(a)), section 31 of such Act (15 U.S.C. 
657a, relating to the HUBZone program), and 
section 36 of such Act (15 U.S.C. 657f, relating 
to procurement program for small business con-
cerns owned and controlled by service-disabled 
veterans)); or 
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(C) as a result of a competition among a 
limited number of sources on the basis that the 
disclosure of the need for the item would com-
promise national security ; and 
(3) the acquisition of the item by means other 
than a follow-on contract with the contractor would 
unduly delay the fielding of such item to forces pre-
paring for or participating in overseas contingency 
operations or for other deployments undertaken in 
response to a request from a combatant commander. 
(b) LIMITATIONS.—A contract awarded using the au-
thority in subsection (a)— 
(1) may have a period of performance of not 
longer than 1 year; 
(2) may be used only to acquire one or more 
items having an individual unit price under 
$100,000; and 
(3) may have a total value not exceeding 
$25,000,000. 
(c) NOTIFICATION.—Not later than 45 days after the 
use of the authority in subsection (a), the commander of 
the special operations command shall submit to the con-
gressional defense committees a notification of the use of 
such authority. 
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(d) TERMINATION OF AUTHORITY.—The commander 
of the special operations command may not use the au-
thority in subsection (a) on and after October 1, 2013. 
SEC. 831. DEFENSE SUBCONTRACTOR PROLIFERATION 
COST EFFECTIVENESS STUDY AND REPORTS. 
(a) STUDY.—The Secretary of Defense shall conduct 
a study on the total number of subcontractors used on 
the last five major weapons systems in which acquisition 
has been completed and determine if fewer subcontractors 
could have been more cost effective. 
(b) MANAGEMENT
BURDEN.—In conducting the 
study, the Secretary of Defense shall evaluate any poten-
tial cost savings derived from less management burden 
from multiple subcontractors on the Federal acquisition 
workforce. 
(c) REPORT BY SECRETARY OF DEFENSE.—Not later 
than March 1, 2010, the Secretary of Defense shall submit 
to the Committee on Armed Services of the House of Rep-
resentatives and the Committee on Armed Services of the 
Senate a report on the results of the study. 
(d) REPORT BY COMPTROLLER GENERAL.—Not later 
than May 1, 2010, the Comptroller General shall submit 
to the Committee on Armed Services of the House of Rep-
resentatives and the Committee on Armed Services of the 
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Senate a review of the Department of Defense report sub-
mitted under subsection (c). 
SEC. 832. COMPTROLLER GENERAL REPORT ON DEFENSE 
CONTRACT COST OVERRUNS. 
(a) REPORT REQUIRED.—Not later than 90 days 
after the date of the enactment of this Act, the Comp-
troller General of the United States shall submit to Con-
gress a report on cost overruns in the performance of de-
fense contracts. 
(b) MATTERS COVERED.—The report under sub-
section (a) shall include, at a minimum, the following: 
(1) A list of each contractor with a cost overrun 
during any of fiscal years 2006, 2007, 2008, or 
2009, including identification of the contractor and 
the covered contract involved, the cost estimate of 
the covered contract, and the cost overrun for the 
covered contract. 
(2) Findings and recommendations of the 
Comptroller General. 
(3) Such other matters as the Comptroller Gen-
eral considers appropriate. 
(c) COVERED CONTRACT.—In this section, the term 
‘‘covered contract’’ means a contract that is awarded by 
the Department of Defense through the use of a solicita-
tion for competitive proposals, in an amount greater than 
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the simplified acquisition threshold, and that is a cost-re-
imbursement contract or a time-and-materials contract. 
SEC. 833. PROCUREMENT PROFESSIONALISM ADVISORY 
PANEL. 
(a) GAO-CONVENED PANEL.—The Comptroller Gen-
eral shall convene a panel of experts, to be known as the 
Procurement Professionalism Advisory Panel, to study the 
ethics, competence, and effectiveness of acquisition per-
sonnel and the governmentwide procurement process, in-
cluding the following: 
(1) The role played by the Federal acquisition 
workforce at each stage of the procurement process, 
with a focus on the following: 
(A) Personnel shortages. 
(B) Expertise shortages. 
(C) The relationship between career acqui-
sition personnel and political appointees. 
(D) The relationship between acquisition 
personnel and contractors. 
(2) The legislation, regulation, official policy, 
and informal customs that govern procurement per-
sonnel. 
(3) Training and retention tools used to hire, 
retain, and professionally develop acquisition per-
sonnel, including the following: 
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(A) The Defense Acquisition University. 
(B) The Federal Acquisition Institute. 
(C) Continuing education and professional 
development opportunities available to acquisi-
tion professionals. 
(D) Opportunities to pursue higher edu-
cation available to acquisition personnel, includ-
ing scholarships and student loan forgiveness. 
(b) ADMINISTRATION OF PANEL.—The Comptroller 
General shall be the chairman of the panel. 
(c) COMPOSITION OF PANEL.— 
(1) MEMBERSHIP.—The Comptroller General 
shall appoint highly qualified and knowledgeable per-
sons to serve on the panel and shall ensure that the 
following groups receive fair representation on the 
panel: 
(A) Officers and employees of the United 
States. 
(B) Persons in private industry. 
(C) Federal labor organizations. 
(2) FAIR REPRESENTATION.—For the purposes 
of the requirement for fair representation under 
paragraph (1), persons serving on the panel under 
subparagraph (C) of that paragraph shall not be 
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counted as persons serving on the panel under sub-
paragraph (A) or (B) of that paragraph. 
(d) PARTICIPATION BY OTHER INTERESTED PAR-
TIES.—The Comptroller General shall ensure that the op-
portunity to submit information and views on the ethics, 
competence, and effectiveness of acquisition personnel to 
the panel for the purposes of the study is accorded to all 
interested parties, including officers and employees of the 
United States not serving on the panel and entities in pri-
vate industry and representatives of Federal labor organi-
zations not represented on the panel. 
(e) INFORMATION FROM AGENCIES.—The panel may 
secure directly from any department or agency of the 
United States any information that the panel considers 
necessary to carry out a meaningful study of administra-
tion of the rules described in subsection (a). Upon the re-
quest of the Chairman of the panel, the head of such de-
partment or agency shall furnish the requested informa-
tion to the panel. 
(f) REPORT.— 
(1) IN GENERAL.—Not later than 18 months 
after the date of the enactment of this Act, the 
Comptroller General shall submit a report on the re-
sults of the study to— 
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(A) the Committee on Oversight and Gov-
ernment Reform of the House of Representa-
tives; 
(B) the Committee on Armed Services of 
the House of Representatives; 
(C) the Committee on Homeland Security 
and Government Affairs of the Senate; and 
(D) the Committee on Armed Services of 
the Senate. 
(2) AVAILABILITY.—The Comptroller General 
shall publish the report in the Federal Register and 
on a publically accessible website (acquisition.gov). 
(g) DEFINITION.—In this section, the term ‘‘Federal 
labor organization’’ has the meaning given the term ‘‘labor 
organization’’ in section 7103(a)(4) of title 5, United 
States Code. 
SEC. 834. ACCESS BY CONGRESS TO DATABASE OF INFOR-
MATION REGARDING THE INTEGRITY AND 
PERFORMANCE 
OF 
CERTAIN 
PERSONS 
AWARDED 
FEDERAL 
CONTRACTS 
AND 
GRANTS. 
Section 872(e)(1) of the Duncan Hunter National 
Defense Authorization Act for Fiscal Year 2009 (Public 
Law 110–417; 122 Stat. 455) is amended by striking ‘‘the 
Chairman and Ranking Member of the committees of Con-
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gress having jurisdiction’’ and inserting ‘‘any Member of 
Congress’’. 
SEC. 835. ADDITIONAL REPORTING REQUIREMENTS FOR 
INVENTORY RELATING TO CONTRACTS FOR 
SERVICES. 
(a) ADDITIONAL REPORTING REQUIREMENTS.—Sec-
tion 2330a(c)(1) of title 10, United States Code, is amend-
ed by adding at the end the following new subparagraph: 
‘‘(H) With respect to such contracts for serv-
ices— 
‘‘(i) the ratio between the number of indi-
viduals responsible for awarding and overseeing 
such contracts to the amount obligated or ex-
pended on such contracts; and 
‘‘(ii) the number of individuals responsible 
for awarding and overseeing such contracts who 
are themselves contractors.’’. 
(b) EFFECTIVE DATE.—The amendment made by 
subsection (a) shall apply with respect to fiscal year 2011 
and fiscal years thereafter. 
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SEC. 836. REQUIREMENT TO JUSTIFY THE USE OF FACTORS 
OTHER THAN COST OR PRICE AS THE PRE-
DOMINATE FACTORS IN EVALUATING COM-
PETITIVE PROPOSALS FOR DEFENSE PRO-
CUREMENT CONTRACTS. 
(a) REQUIREMENT.—Subparagraph (A) of section 
2305(a)(2) of title 10, United States Code, is amended— 
(1) by striking ‘‘and’’ at the end of clause (i); 
and 
(2) by inserting after clause (ii) the following 
new clause: 
‘‘(iii) in the case of a solicitation in which 
factors other than cost or price when combined 
are more important than cost or price, the rea-
sons why assigning at least equal importance to 
cost or price would not better serve the Govern-
ment’s interest; and’’. 
(b) REPORT.—Section 2305(a)(3) of such title is 
amended by adding at the end the following new subpara-
graph: 
‘‘(C) Not later than 180 days after the end of each 
fiscal year, the Secretary of Defense shall submit to Con-
gress, and post on a publicly available website of the De-
partment of Defense, a report describing the solicitations 
for which a statement pursuant to paragraph (2)(A)(iii) 
was included.’’. 
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HR 2647 PCS 
TITLE IX—DEPARTMENT OF DE-
FENSE ORGANIZATION AND 
MANAGEMENT 
Subtitle A—Department of Defense Management 
Sec. 901. Role of commander of special operations command regarding per-
sonnel management policy and plans affecting special oper-
ations forces. 
Sec. 902. Special operations activities. 
Sec. 903. Redesignation of the Department of the Navy as the Department of 
the Navy and Marine Corps. 
Sec. 904. Authority to allow private sector civilians to receive instruction at De-
fense Cyber Investigations Training Academy of the Defense 
Cyber Crime Center. 
Sec. 905. Organizational structure of the Office of the Assistant Secretary of 
Defense for Health Affairs and the TRICARE Management 
Activity. 
Sec. 906. Requirement for Director of Operational Energy Plans and Programs 
to report directly to Secretary of Defense. 
Sec. 907. Increased flexibility for Combatant Commander Initiative Fund. 
Sec. 908. Repeal of requirement for a Deputy Under Secretary of Defense for 
Technology Security Policy within the Office of the Under Sec-
retary of Defense for Policy. 
Sec. 909. Recommendations to Congress by members of Joint Chiefs of Staff. 
Subtitle B—Space Activities 
Sec. 911. Submission and review of space science and technology strategy. 
Sec. 912. Converting the space surveillance network pilot program to a perma-
nent program. 
Subtitle C—Intelligence-Related Matters 
Sec. 921. Plan to address foreign ballistic missile intelligence analysis. 
Subtitle D—Other Matters 
Sec. 931. Joint Program Office for Cyber Operations Capabilities. 
Sec. 932. Defense Integrated Military Human Resources System Transition 
Council. 
Sec. 933. Department of Defense School of Nursing revisions. 
Sec. 934. Report on special operations command organization, manning, and 
management. 
Sec. 935. Study on the recruitment, retention, and career progression of uni-
formed and civilian military cyber operations personnel. 
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HR 2647 PCS 
Subtitle A—Department of Defense 
Management 
SEC. 901. ROLE OF COMMANDER OF SPECIAL OPERATIONS 
COMMAND REGARDING PERSONNEL MAN-
AGEMENT POLICY AND PLANS AFFECTING 
SPECIAL OPERATIONS FORCES. 
Section 167(e) of title 10, United States Code, is 
amended— 
(1) in paragraph (2), by striking subparagraph 
(J); and 
(2) inserting at the end the following new para-
graph: 
‘‘(5)(A) The Secretaries of the military departments 
shall coordinate with the commander of the special oper-
ations command regarding personnel management policy 
and plans as such policy and plans relate to the following: 
‘‘(i) Accessions, assignments, and command se-
lection for special operations forces. 
‘‘(ii) Compensation, promotions, retention, pro-
fessional development, and training of members of 
special operations forces. 
‘‘(iii) Readiness as it relates to manning guid-
ance and priority of fill for units of the special oper-
ations forces. 
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HR 2647 PCS 
‘‘(B) The coordination required by subparagraph (A) 
shall be conducted in such a manner so as not to interfere 
with the authorities of the Secretary concerned regarding 
personnel management policy and plans.’’. 
SEC. 902. SPECIAL OPERATIONS ACTIVITIES. 
Section 167(j) of title 10, United States Code, is 
amended by striking paragraphs (1) through (10) and in-
serting the following new paragraphs: 
‘‘(1) Special reconnaissance. 
‘‘(2) Unconventional warfare. 
‘‘(3) Foreign internal defense. 
‘‘(4) Civil affairs operations. 
‘‘(5) Counterterrorism. 
‘‘(6) Psychological operations. 
‘‘(7) Information operations. 
‘‘(8) Counter proliferation of weapons of mass 
destruction. 
‘‘(9) Security force assistance. 
‘‘(10) Counterinsurgency operations. 
‘‘(11) Such other activities as may be specified 
by the President or the Secretary of Defense.’’. 
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SEC. 903. REDESIGNATION OF THE DEPARTMENT OF THE 
NAVY AS THE DEPARTMENT OF THE NAVY 
AND MARINE CORPS. 
(a) REDESIGNATION OF THE DEPARTMENT OF THE 
NAVY AS THE DEPARTMENT OF THE NAVY AND MARINE 
CORPS.— 
(1) REDESIGNATION
OF
MILITARY
DEPART-
MENT.—The military department designated as the 
Department of the Navy is redesignated as the De-
partment of the Navy and Marine Corps. 
(2) 
REDESIGNATION
OF
SECRETARY
AND 
OTHER STATUTORY OFFICES.— 
(A) SECRETARY.—The position of the Sec-
retary of the Navy is redesignated as the Sec-
retary of the Navy and Marine Corps. 
(B) OTHER
STATUTORY
OFFICES.—The 
positions of the Under Secretary of the Navy, 
the four Assistant Secretaries of the Navy, and 
the General Counsel of the Department of the 
Navy are redesignated as the Under Secretary 
of the Navy and Marine Corps, the Assistant 
Secretaries of the Navy and Marine Corps, and 
the General Counsel of the Department of the 
Navy and Marine Corps, respectively. 
(b) CONFORMING
AMENDMENTS
TO
TITLE
10, 
UNITED STATES CODE.— 
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HR 2647 PCS 
(1) 
DEFINITION
OF
‘‘MILITARY
DEPART-
MENT’’.—Paragraph (8) of section 101(a) of title 
10, United States Code, is amended to read as fol-
lows: 
‘‘(8) The term ‘military department’ means the 
Department of the Army, the Department of the 
Navy and Marine Corps, and the Department of the 
Air Force.’’. 
(2) ORGANIZATION OF DEPARTMENT.—The text 
of section 5011 of such title is amended to read as 
follows: ‘‘The Department of the Navy and Marine 
Corps is separately organized under the Secretary of 
the Navy and Marine Corps.’’. 
(3) 
POSITION
OF
SECRETARY.—Section 
5013(a)(1) of such title is amended by striking 
‘‘There is a Secretary of the Navy’’ and inserting 
‘‘There is a Secretary of the Navy and Marine 
Corps’’. 
(4) CHAPTER HEADINGS.— 
(A) The heading of chapter 503 of such 
title is amended to read as follows: 
‘‘CHAPTER 503—DEPARTMENT OF THE 
NAVY AND MARINE CORPS’’. 
(B) The heading of chapter 507 of such 
title is amended to read as follows: 
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HR 2647 PCS 
‘‘CHAPTER 507—COMPOSITION OF THE DE-
PARTMENT OF THE NAVY AND MARINE 
CORPS’’. 
(5) OTHER AMENDMENTS.— 
(A) Title 10, United States Code, is 
amended by striking ‘‘Department of the Navy’’ 
and ‘‘Secretary of the Navy’’ each place they 
appear other than as specified in paragraphs 
(1), (2), (3), and (4) (including in section head-
ings, subsection captions, tables of chapters, 
and tables of sections) and inserting ‘‘Depart-
ment of the Navy and Marine Corps’’ and ‘‘Sec-
retary of the Navy and Marine Corps’’, respec-
tively, in each case with the matter inserted to 
be in the same typeface and typestyle as the 
matter stricken. 
(B)(i) 
Sections 
5013(f), 
5014(b)(2), 
5016(a), 5017(2), 5032(a), and 5042(a) of 
such title are amended by striking ‘‘Assistant 
Secretaries of the Navy’’ and inserting ‘‘Assist-
ant Secretaries of the Navy and Marine Corps’’. 
(ii) The heading of section 5016 of such 
title, and the item relating to such section in 
the table of sections at the beginning of chapter 
503 of such title, are each amended by insert-
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HR 2647 PCS 
day of the first month beginning more than 60 days after 
the date of the enactment of this Act. 
SEC. 904. AUTHORITY TO ALLOW PRIVATE SECTOR CIVIL-
IANS TO RECEIVE INSTRUCTION AT DEFENSE 
CYBER INVESTIGATIONS TRAINING ACADEMY 
OF THE DEFENSE CYBER CRIME CENTER. 
(a) ADMISSION OF PRIVATE SECTOR CIVILIANS.— 
Chapter 108 of title 10, United States Code, is amended 
by inserting after section 2167 the following new section: 
‘‘§ 2167a. 
Defense 
Cyber 
Investigations 
Training 
Academy: admission of private sector ci-
vilians to receive instruction 
‘‘(a) AUTHORITY FOR ADMISSION.—The Secretary of 
Defense may permit eligible private sector employees to 
receive instruction at the Defense Cyber Investigations 
Training Academy operating under the direction of the 
Defense Cyber Crime Center. No more than the equivalent 
of 200 full-time student positions may be filled at any one 
time by private sector employees enrolled under this sec-
tion, on a yearly basis. Upon successful completion of the 
course of instruction in which enrolled, any such private 
sector employee may be awarded an appropriate certifi-
cation or diploma. 
‘‘(b) ELIGIBLE PRIVATE SECTOR EMPLOYEES.—For 
purposes of this section, an eligible private sector employee 
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HR 2647 PCS 
is an individual employed by a private firm that is engaged 
in providing to the Department of Defense or other Gov-
ernment departments or agencies significant and substan-
tial defense-related systems, products, or services, or 
whose work product is relevant to national security policy 
or strategy. A private sector employee remains eligible for 
such instruction only so long as that person remains em-
ployed by an eligible private sector firm. 
‘‘(c) PROGRAM REQUIREMENTS.—The Secretary of 
Defense shall ensure that— 
‘‘(1) the curriculum in which private sector em-
ployees may be enrolled under this section is not 
readily available through other schools; and 
‘‘(2) the course offerings at the Defense Cyber 
Investigations Training Academy continue to be de-
termined solely by the needs of the Department of 
Defense. 
‘‘(d) TUITION.—The Secretary of Defense shall 
charge private sector employees enrolled under this section 
tuition at a rate that is at least equal to the rate charged 
for employees of the United States. In determining tuition 
rates, the Secretary shall include overhead costs of the De-
fense Cyber Investigations Training Academy. 
‘‘(e) STANDARDS OF CONDUCT.—While receiving in-
struction at the Defense Cyber Investigations Training 
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Academy, students enrolled under this section, to the ex-
tent practicable, are subject to the same regulations gov-
erning academic performance, attendance, norms of be-
havior, and enrollment as apply to Government civilian 
employees receiving instruction at the Academy. 
‘‘(f) USE OF FUNDS.—Amounts received by the De-
fense Cyber Investigations Training Academy for instruc-
tion of students enrolled under this section shall be re-
tained by the Academy to defray the costs of such instruc-
tion. The source, and the disposition, of such funds shall 
be specifically identified in records of the Academy.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
at the beginning of such chapter is amended by inserting 
after the item relating to section 2167 the following new 
item: 
‘‘2167a. Defense Cyber Investigations Training Academy: admission of private 
sector civilians to receive instruction.’’. 
SEC. 905. ORGANIZATIONAL STRUCTURE OF THE OFFICE 
OF THE ASSISTANT SECRETARY OF DEFENSE 
FOR HEALTH AFFAIRS AND THE TRICARE 
MANAGEMENT ACTIVITY. 
(a) REPORT REQUIRED.—Not later than 180 days 
after the date of the enactment of this Act, the Secretary 
of Defense shall submit to the congressional defense com-
mittees a report on the organizational structure of the Of-
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HR 2647 PCS 
fice of the Assistant Secretary of Defense for Health Af-
fairs and the TRICARE Management Activity. 
(b) ELEMENTS.—The report required under sub-
section (a) shall include the following: 
(1) ORGANIZATIONAL CHARTS.—Organizational 
charts for both the Office of the Assistant Secretary 
of Defense for Health Affairs and the TRICARE 
Management Activity showing, at a minimum, the 
senior positions in such office and such activity. 
(2) SENIOR
POSITION
DESCRIPTIONS.—A de-
scription of the policy-making functions and over-
sight responsibilities of each senior position in the 
Office of the Assistant Secretary of Defense for 
Health Affairs and the policy and program execution 
responsibilities of each senior position of the 
TRICARE Management Activity. 
(3) POSITIONS FILLED BY SAME INDIVIDUAL.— 
A description of which positions in both organiza-
tions are filled by the same individual. 
(4) ASSESSMENT.—An assessment of whether 
the senior personnel of the Office of the Assistant 
Secretary of Defense for Health Affairs and the 
TRICARE Management Activity, as currently orga-
nized, are able to appropriately perform the discrete 
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HR 2647 PCS 
functions of policy formulation, policy and program 
execution, and program oversight. 
(c) DEFINITIONS.—In this section: 
(1) SENIOR POSITION.—The term ‘‘senior posi-
tion’’ means a position fill by a member of the senior 
executive service or a position on the Executive 
Schedule established pursuant to title 5, United 
States Code. 
(2) SENIOR
PERSONNEL.—The term ‘‘senior 
personnel’’ means personnel who are members of the 
senior executive service or who fill a position listed 
on the Executive Schedule established pursuant to 
title 5, United States Code. 
SEC. 906. REQUIREMENT FOR DIRECTOR OF OPERATIONAL 
ENERGY PLANS AND PROGRAMS TO REPORT 
DIRECTLY TO SECRETARY OF DEFENSE. 
Paragraph (2) of section 139b(c) of title 10, United 
States Code, is amended to read as follows: 
‘‘(2) The Director shall report directly to the 
Secretary of Defense.’’. 
SEC. 907. INCREASED FLEXIBILITY FOR COMBATANT COM-
MANDER INITIATIVE FUND. 
(a) INCREASE IN FUNDING LIMITATIONS.—Subpara-
graph (A) of section 166a(e)(1) of title 10, United States 
Code, is amended— 
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HR 2647 PCS 
(1) by striking ‘‘$10,000,000’’ and inserting 
‘‘$20,000,000’’; and 
(2) by striking ‘‘$15,000’’ and inserting ‘‘the 
investment unit cost threshold in effect under sec-
tion 2245a of this title’’. 
(b) COORDINATION WITH SECRETARY OF STATE.— 
Paragraph (6) of section 166a(b) of such title is amended 
by inserting after ‘‘assistance,’’ the following: ‘‘in coordi-
nation with the Secretary of State,’’. 
SEC. 908. REPEAL OF REQUIREMENT FOR A DEPUTY 
UNDER SECRETARY OF DEFENSE FOR TECH-
NOLOGY SECURITY POLICY WITHIN THE OF-
FICE OF THE UNDER SECRETARY OF DE-
FENSE FOR POLICY. 
(a) REPEAL OF REQUIREMENT FOR POSITION.— 
(1) REPEAL.—Section 134b of title 10, United 
States Code, is repealed. 
(2) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of chapter 4 of such title is 
amended by striking the item relating to section 
134b. 
(b) PRIOR NOTIFICATION OF CHANGE IN REPORTING 
RELATIONSHIP FOR THE DEFENSE TECHNOLOGY SECU-
RITY ADMINISTRATION.—The Secretary of Defense shall 
ensure that no covered action is taken until the expiration 
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HR 2647 PCS 
of 30 legislative days after providing notification of such 
action to the Committees on Armed Services of the Senate 
and the House of Representatives. 
(c) COVERED ACTION DEFINED.—In this section, the 
term ‘‘covered action’’ means— 
(1) the transfer of the Defense Technology Se-
curity Administration to an Under Secretary or 
other office of the Department of Defense other 
than the Under Secretary of Defense for Policy; 
(2) the consolidation of the Defense Technology 
Security Administration with another office, agency, 
or field activity of the Department of Defense; or 
(3) the addition of management layers between 
the Director of the Defense Technology Security Ad-
ministration and the Under Secretary of Defense for 
Policy. 
SEC. 909. RECOMMENDATIONS TO CONGRESS BY MEMBERS 
OF JOINT CHIEFS OF STAFF. 
Section 151(f) of title 10, United States Code, is 
amended— 
(1) by inserting ‘‘(1)’’ before ‘‘After first’’; and 
(2) by adding at the end the following new 
paragraph: 
‘‘(2) The members of the Joint Chiefs of Staff, indi-
vidually or collectively, in their capacity as military advis-
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HR 2647 PCS 
ers, shall provide advice to Congress on a particular mat-
ter when Congress requests such advice.’’. 
Subtitle B—Space Activities 
SEC. 911. SUBMISSION AND REVIEW OF SPACE SCIENCE 
AND TECHNOLOGY STRATEGY. 
(a) STRATEGY.— 
(1) REQUIREMENTS.—Paragraph (2) of section 
2272(a) of title 10, United States Code, is amended 
by adding at the end the following new subpara-
graph: 
‘‘(D) The process for transitioning space 
science and technology programs to new or existing 
space acquisition programs.’’. 
(2) SUBMISSION TO CONGRESS.—Paragraph (5) 
of such section is amended to read as follows: 
‘‘(5) The Secretary of Defense shall annually submit 
the strategy developed under paragraph (1) to the con-
gressional defense committees on the date on which the 
President submits to Congress the budget for the next fis-
cal year under section 1105 of title 31, United States 
Code.’’. 
(b) GOVERNMENT ACCOUNTABILITY OFFICE REVIEW 
OF STRATEGY.— 
(1) REVIEW.—The Comptroller General shall 
review and assess the first space science and tech-
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HR 2647 PCS 
nology strategy submitted under paragraph (5) of 
section 2272(a) of title 10, United States Code, as 
amended by subsection (a)(2) of this section, and 
the effectiveness of the coordination process required 
under section 2272(b) of such title. 
(2) REPORT.—Not later than 90 days after the 
date on which the Secretary of Defense submits the 
first space science and technology strategy required 
to be submitted under paragraph (5) of section 
2272(a) of title 10, United States Code, as amended 
by subsection (a)(2) of this section, the Comptroller 
General shall submit to the congressional defense 
committees a report containing the findings and as-
sessment under paragraph (1). 
SEC. 912. CONVERTING THE SPACE SURVEILLANCE NET-
WORK PILOT PROGRAM TO A PERMANENT 
PROGRAM. 
Section 2274 of title 10, United States Code, is 
amended— 
(1) in the heading, by striking ‘‘PILOT’’; 
(2) in subsection (a)— 
(A) in the heading, by striking ‘‘PILOT’’; 
and 
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HR 2647 PCS 
(B) by striking ‘‘a pilot program to deter-
mine the feasibility and desirability of pro-
viding’’ and inserting ‘‘a program to provide’’; 
(3) in subsection (b) in the matter preceding 
paragraph (1), by striking ‘‘such a pilot program’’ 
and inserting ‘‘the program’’; 
(4) in subsection (c) in the matter preceding 
paragraph (1), by striking ‘‘pilot’’; 
(5) in subsection (d) in the matter preceding 
paragraph (1), by striking ‘‘pilot’’; 
(6) in subsection (h), by striking ‘‘pilot’’; and 
(7) by striking subsection (i). 
Subtitle C—Intelligence-Related 
Matters 
SEC. 921. PLAN TO ADDRESS FOREIGN BALLISTIC MISSILE 
INTELLIGENCE ANALYSIS. 
(a) ASSESSMENT AND PLAN.—The Secretary of De-
fense, in consultation with the Director of National Intel-
ligence, shall— 
(1) conduct an assessment of foreign ballistic 
missile intelligence gaps and shortfalls; and 
(2) develop a plan to ensure that the appro-
priate intelligence centers have sufficient analytical 
capabilities to address such gaps and shortfalls. 
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HR 2647 PCS 
(b) REPORT.—Not later than February 28, 2010, the 
Secretary of Defense shall submit to the congressional de-
fense committees, the Permanent Select Committee on In-
telligence of the House of Representatives, and the Select 
Committee on Intelligence of the Senate a report con-
taining— 
(1) the results of the assessment conducted 
under subsection (a)(1); 
(2) the plan developed under subsection (a)(2); 
and 
(3) a description of the resources required to 
implement such plan. 
(c) FORM.—The report under subsection (b) shall be 
submitted in unclassified form, but may contain a classi-
fied annex. 
Subtitle D—Other Matters 
SEC. 931. JOINT PROGRAM OFFICE FOR CYBER OPER-
ATIONS CAPABILITIES. 
(a) ESTABLISHMENT.—Not later than 180 days after 
the date of the enactment of this Act, the Secretary of 
Defense shall establish a Joint Program Office for Cyber 
Operations Capabilities to assist the Under Secretary of 
Defense for Acquisition, Technology, and Logistics in im-
proving the development of specific leap-ahead capabili-
ties, including manpower development, tactics, and tech-
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HR 2647 PCS 
nologies, for the military departments, the Defense Agen-
cies, and the combatant commands. 
(b) DIRECTOR.—The Joint Program Office for Cyber 
Operations Capabilities (in this section referred to as the 
‘‘JPO–COC’’) shall be headed by a Director, who shall be 
appointed by the Secretary of Defense, in consultation 
with the Under Secretary of Defense for Acquisition, 
Technology, and Logistics, the Assistant Secretary of De-
fense for Networks and Information Integration, the 
Under Secretary of Defense for Intelligence, and the com-
mander of United States Strategic Command. The Direc-
tor shall be selected from among individuals with signifi-
cant technical and management expertise in information 
technology system development, and shall serve for 3 
years. 
(c) SUPERVISION.—The Director shall report directly 
to the Under Secretary of Defense for Acquisition, Tech-
nology, and Logistics. The Assistant Secretary of Defense 
for Networks and Information Integration may provide 
policy guidance to the Director on issues within the Direc-
tor’s areas of responsibilities. 
(d) RESPONSIBILITIES.—The JPO–COC shall be re-
sponsible for the following: 
(1) Coordinating cyber operations capabilities, 
both offensive and defensive, between the military 
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HR 2647 PCS 
departments, Defense Agencies, and combatant com-
mands in order to identify and prioritize joint capa-
bility gaps. 
(2) Developing advanced, leap-ahead capabili-
ties to address joint capability gaps. 
(3) Establishing a nation level, joint, inter-
agency cyber exercise, similar to the exercise known 
as Eligible Receiver, that would occur at least bien-
nially, and, to the extent possible, that would include 
participants from industry, critical infrastructure 
sector providers, international militaries, and non- 
governmental organizations. 
(4) Such other responsibilities as the Under 
Secretary determines are appropriate. 
(e) ANNUAL REPORT.—By March 1 of each year, be-
ginning March 1, 2010, the Secretary of Defense shall 
submit to the congressional defense committees a report 
on all of the activities of the JPO–COC during the pre-
ceding year. 
SEC. 932. DEFENSE INTEGRATED MILITARY HUMAN RE-
SOURCES SYSTEM TRANSITION COUNCIL. 
(a) IN GENERAL.—The Secretary of Defense shall es-
tablish a Defense Integrated Military Human Resources 
System Transition Council (in this section referred to as 
the ‘‘Council’’) to provide advice to the Secretary of De-
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fense and the Secretaries of the military departments on 
implementing the defense integrated military human re-
sources system (in this section referred to as the 
‘‘DIMHRS’’) throughout the Department of Defense, in-
cluding within each military department. 
(b) COMPOSITION.—The Council shall include the fol-
lowing members: 
(1) The Chief Management Officer of the De-
partment of Defense. 
(2) The Director of the Business Trans-
formation Agency. 
(3) One representative from each of the Army, 
Navy, Air Force, and Marine Corps who is a lieuten-
ant general or vice admiral. 
(4) One civilian employee of the National Guard 
Bureau who occupies a position of responsibility and 
receives compensation comparable to a lieutenant 
general or vice admiral. 
(5) Such other individuals as may be designated 
by the Secretary of Defense. 
(c) MEETINGS.—The Council shall meet not less than 
once a quarter, or more often as specified by the Secretary 
of Defense. 
(d) DUTIES.—The Council shall have the following 
responsibilities: 
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(1) Resolution of significant policy, pro-
grammatic, or budgetary issues impeding transition 
of DIMHRS to the military departments. 
(2) 
Coordination 
of 
implementation 
of 
DIMHRS within each military department to ensure 
interoperability between and among the Department 
of Defense as a whole and each military department. 
(3) Such other responsibilities as the Secretary 
of Defense determines are appropriate. 
(e) ANNUAL REPORT.— 
(1) IN GENERAL.—By March 1 of each year, 
beginning March 1, 2010, and ending March 1, 
2014, the Council shall submit to the congressional 
defense committees an annual report on the progress 
of DIMHRS transition. 
(2) The report shall include descriptions of the 
following: 
(A) The status of implementation of 
DIMHRS among the military departments. 
(B) A description of the testing and eval-
uation activities of DIMHRS as implemented 
throughout the Department of Defense, as well 
as any such activities developed by the military 
departments to extend DIMHRS to the depart-
ments. 
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(C) Plans for the decommissioning of 
human resources systems within the Depart-
ment of Defense and military department that 
are being replaced by DIMHRS, including— 
(i) systems to be phased out; and 
(ii) plans for the remaining legacy 
systems to be phased out. 
(D) Funding and resources from the mili-
tary departments devoted to the development of 
department-specific plans to augment and ex-
tend the DIMHRS within each department. 
SEC. 933. DEPARTMENT OF DEFENSE SCHOOL OF NURSING 
REVISIONS. 
(a) SCHOOL OF NURSING.— 
(1) IN
GENERAL.—Chapter 108 of title 10, 
United States Code, is amended by adding at the 
end the following new section: 
‘‘§ 2169. School of Nursing 
‘‘(a) ESTABLISHMENT.—The Secretary of Defense 
shall establish within the Department of Defense a School 
of Nursing, not later than July 1, 2011. It shall be so 
organized as to graduate not less than 25 students with 
a bachelor of science in nursing in the first class not later 
than June 30, 2013, not less than 50 in the second class, 
and not less than 100 annually thereafter. 
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‘‘(b) MINIMUM REQUIREMENT.—The School of Nurs-
ing shall include, at a minimum, a program that awards 
a bachelor of science in nursing. 
‘‘(c) PHASED DEVELOPMENT.—The development of 
the School of Nursing may be by such phases as the Sec-
retary may prescribe, subject to the requirements of sub-
section (a).’’. 
(2) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of such chapter is amended 
by adding at the end the following new item: 
‘‘2169. School of Nursing.’’. 
(b) CONFORMING AMENDMENTS.—Section 2117 of 
title 10, United States Code, and the item relating to such 
section in the table of chapters at the beginning of chapter 
104 of such title, are repealed. 
SEC. 934. REPORT ON SPECIAL OPERATIONS COMMAND OR-
GANIZATION, MANNING, AND MANAGEMENT. 
(a) REPORT REQUIRED.—The commander of the spe-
cial operations command shall prepare a report, in accord-
ance with this section, on the organization, manning, and 
management of the command. 
(b) ELEMENTS.—The report required by subsection 
(a) shall include the following: 
(1) A comparison of current and projected fis-
cal year 2010 military and civilian end strength lev-
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els at special operations command headquarters with 
fiscal year 2000 levels, both actual and authorized. 
(2) A comparison of fiscal year 2000 through 
2010 special operations command headquarters end 
strength growth with the growth of each special op-
erations forces component command headquarters 
over the same time period, both actual and author-
ized. 
(3) A summary and assessment that identifies 
the resourcing, in terms of manning, training, equip-
ping, and funding, that special operations command 
provides to each of the theater special operations 
commands under the geographical combatant com-
mands and a summary of personnel specialties as-
signed to each such command. 
(4) Options and recommendations for reducing 
staffing levels at special operations command head-
quarters by 5 and 10 percent, respectively, and an 
assessment of the opportunity costs and manage-
ment risks associated with each option. 
(5) Recommendations for increasing manning 
levels, if appropriate, at each component command, 
and especially at Army special operations command. 
(6) A plan to sustain the cultural engagement 
group of special operations command central. 
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(7) An assessment of the resourcing require-
ments to establish capability similar to the cultural 
engagement group capability at the other theater 
special operations command locations. 
(8) A review and assessment for improving the 
relationship between special operations command 
and each of the theater special operations commands 
under the geographical combatant commands and 
the establishment of a more direct administrative 
and collaborative link between them. 
(9) A review and assessment of existing Depart-
ment of Defense executive agent support to special 
operations command and its subordinate compo-
nents, as well as commentary about proposals to use 
the same executive agent throughout the special op-
erations community. 
(10) An updated assessment on the specific 
proposal to provide executive agent support from the 
Defense Logistics Agency for special operations com-
mand. 
(11) A recommendation and plan for including 
international development and conflict prevention 
representatives as participants in the Center for 
Special Operations Interagency Task Force process. 
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(c) REPORT.—The report required by subsection (a) 
shall be submitted not later than March 15, 2010, to the 
congressional defense committees. 
SEC. 935. STUDY ON THE RECRUITMENT, RETENTION, AND 
CAREER PROGRESSION OF UNIFORMED AND 
CIVILIAN 
MILITARY 
CYBER 
OPERATIONS 
PERSONNEL. 
(a) REPORT.—Not later than 1 year after the date 
of the enactment of this Act, the Secretary of Defense 
shall submit to the congressional defense committees a re-
port assessing the challenges to retention and professional 
development of cyber operations personnel within the De-
partment of Defense. 
(b) MATTERS TO BE ADDRESSED.—The assessment 
by the Secretary of Defense shall address the following 
matters: 
(1) The sufficiency of the numbers and types of 
personnel available for cyber operations, including 
an assessment of the balance between military and 
civilian positions. 
(2) The definition and coherence of career fields 
for both members of the Armed Forces and civilian 
employees of the Department of Defense. 
(3) The types of recruitment and retention in-
centives available to members of the Armed Forces 
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HR 2647 PCS 
and civilian employees of the Department of De-
fense. 
(4) Identification of legal, policy, or administra-
tive impediments to attracting and retaining cyber 
operations personnel. 
(5) The standards used by the Department of 
Defense to measure effectiveness at recruiting, re-
taining, and ensuring an adequate career progres-
sion for cyber operations personnel. 
(6) The effectiveness of educational and out-
reach activities used to attract, retain, and reward 
cyber operations personnel, including how to expand 
outreach to academic institutions and improve co-
ordination with other civilian agencies and industrial 
partners. 
(7) The management of educational and out-
reach activities used to attract, retain, and reward 
cyber operations personnel, such as the National 
Centers of Academic Excellence in Information As-
surance Education. 
(c) CYBER OPERATIONS PERSONNEL DEFINED.—In 
this section, the term ‘‘cyber operations personnel’’ refers 
to members of the Armed Forces and civilian employees 
of the Department of Defense involved with the operations 
and maintenance of a computer network connected to the 
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global information grid, as well as offensive, defensive, and 
exploitation functions of such a network. 
SEC. 936. RECOGNITION OF AND SUPPORT FOR STATE DE-
FENSE FORCES. 
(a) RECOGNITION AND SUPPORT.—Section 109 of 
title 32, United States Code, is amended— 
(1) by redesignating subsections (d) and (e) as 
subsections (k) and (l), respectively; and 
(2) by inserting after subsection (c) the fol-
lowing new subsections: 
‘‘(d) RECOGNITION.—Congress hereby recognizes 
forces established under subsection (c) as an integral mili-
tary component of the homeland security effort of the 
United States, while reaffirming that those forces remain 
entirely State regulated, organized, and equipped and rec-
ognizing that those forces will be used for homeland secu-
rity purposes exclusively at the local level and in accord-
ance with State law. 
‘‘(e) ASSISTANCE BY DEPARTMENT OF DEFENSE.— 
(1) The Secretary of Defense may coordinate homeland 
security efforts with, and provide assistance to, a defense 
force established under subsection (c) to the extent such 
assistance is requested by a State or by a force established 
under subsection (c) and subject to the provisions of this 
section. 
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‘‘(2) The Secretary may not provide assistance under 
paragraph (1) if, in the judgment of the Secretary, such 
assistance would— 
‘‘(A) impede the ability of the Department of 
Defense to execute missions of the Department; 
‘‘(B) take resources away from warfighting 
units; 
‘‘(C) incur nonreimbursed identifiable costs; or 
‘‘(D) consume resources in a manner incon-
sistent with the mission of the Department of De-
fense. 
‘‘(f) USE OF DEPARTMENT OF DEFENSE PROPERTY 
AND EQUIPMENT.—The Secretary of Defense may author-
ize qualified personnel of a force established under sub-
section (c) to use and operate property, arms, equipment, 
and facilities of the Department of Defense as needed in 
the course of training activities and State active duty. 
‘‘(g) TRANSFER OF EXCESS EQUIPMENT.—(1) The 
Secretary of Defense may transfer to a State or a force 
established under subsection (c) any personal property of 
the Department of Defense that the Secretary determines 
is— 
‘‘(A) excess to the needs of the Department of 
Defense; and 
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‘‘(2) Nothing in this section may be construed as re-
quiring the Department of Defense to provide any training 
program to any such force. 
‘‘(3) Any such training program shall be conducted 
in accordance with an agreement between the Secretary 
of Defense and the State or the force established under 
subsection (c) if so authorized by State law. 
‘‘(4) Any direct costs to the Department of Defense 
of providing training assistance to a force established 
under subsection (c) shall be reimbursed by the State. Any 
agreement under paragraph (3) between the Department 
of Defense and a State or a force established under sub-
section (c) for such training assistance shall provide for 
payment of such costs. 
‘‘(i) FEDERAL
FUNDING
OF
STATE
DEFENSE 
FORCES.—Funds available to the Department of Defense 
may not be made available to a State defense force. 
‘‘(j) LIABILITY.—Any liability for injuries or dam-
ages incurred by a member of a force established under 
subsection (c) while engaged in training activities or State 
active duty shall be the sole responsibility of the State, 
regardless of whether the injury or damage was incurred 
on United States property or involved United States 
equipment or whether the member was under direct super-
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HR 2647 PCS 
vision of United States personnel at the time of the inci-
dent.’’. 
(b) DEFINITION OF STATE.— 
(1) DEFINITION.—Such section is further 
amended by adding at the end the following new 
subsection: 
‘‘(n) STATE DEFINED.—In this section, the term 
‘State’ includes the District of Columbia, the Common-
wealth of Puerto Rico, Guam, and the Virgin Islands.’’. 
(2) CONFORMING AMENDMENTS.—Such section 
is further amended in subsections (a), (b), and (c) 
by striking ‘‘a State, the Commonwealth of Puerto 
Rico, the District of Columbia, Guam, or the Virgin 
Islands’’ each place it appears and inserting ‘‘a 
State’’. 
(c) STYLISTIC AMENDMENTS.—Such section is fur-
ther amended— 
(1) in subsection (a), by inserting ‘‘PROHIBI-
TION
ON MAINTENANCE
OF OTHER TROOPS.—’’ 
after ‘‘(a)’’; 
(2) in subsection (b), by inserting ‘‘USE WITH-
IN STATE BORDERS.—’’ after ‘‘(b)’’; 
(3) in subsection (c), by inserting ‘‘STATE DE-
FENSE FORCES AUTHORIZED.—’’ after ‘‘(c)’’; 
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(4) in subsection (k), as redesignated by sub-
section (a)(1), by inserting ‘‘EFFECT OF MEMBER-
SHIP IN DEFENSE FORCES.—’’ after ‘‘(k)’’; and 
(5) in subsection (l), as redesignated by sub-
section (a)(1), by inserting ‘‘PROHIBITION ON RE-
SERVE COMPONENT MEMBERS JOINING DEFENSE 
FORCES.—’’ after ‘‘(l)’’. 
(d) CLERICAL AMENDMENTS.— 
(1) SECTION HEADING.—The heading of such 
section is amended to read as follows: 
‘‘§ 109. Maintenance of other troops: State defense 
forces’’. 
(2) CLERICAL AMENDMENT.—The item relating 
to such section in the table of sections at the begin-
ning of chapter 1 of such title is amended to read 
as follows: 
‘‘109. Maintenance of other troops: State defense forces.’’. 
TITLE X—GENERAL PROVISIONS 
Subtitle A—Financial Matters 
Sec. 1001. General transfer authority. 
Sec. 1002. Incorporation of funding decisions into law. 
Subtitle B—Counter-Drug and Counter-Terrorism Activities 
Sec. 1011. One-year extension of Department of Defense counter-drug authori-
ties and requirements. 
Sec. 1012. Joint task forces support to law enforcement agencies conducting 
counter-terrorism activities. 
Sec. 1013. Border coordination centers in Afghanistan and Pakistan. 
Sec. 1014. Comptroller General report on effectiveness of accountability meas-
ures for assistance from counter-narcotics central transfer ac-
count. 
Subtitle C—Miscellaneous Authorities and Limitations 
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Sec. 1021. Operational procedures for experimental military prototypes. 
Sec. 1022. Temporary reduction in minimum number of operational aircraft 
carriers. 
Sec. 1023. Limitation on use of funds for the transfer or release of individuals 
detained at United States Naval Station, Guantanamo Bay, 
Cuba. 
Sec. 1024. Charter for the National Reconnaissance Office. 
Subtitle D—Studies and Reports 
Sec. 1031. Report on statutory compliance of the report on the 2009 quadren-
nial defense review. 
Sec. 1032. Report on the force structure findings of the 2009 quadrennial de-
fense review. 
Sec. 1033. Sense of Congress and amendment relating to quadrennial defense 
review. 
Sec. 1034. Strategic review of basing plans for United States European Com-
mand. 
Sec. 1035. National Defense Panel. 
Sec. 1036. Report required on notification of detainees of rights under Miranda 
v. Arizona. 
Sec. 1037. Annual report on the electronic warfare strategy of the Department 
of Defense. 
Sec. 1038. Studies to analyze alternative models for acquisition and funding of 
technologies supporting network-centric operations. 
Subtitle E—Other Matters 
Sec. 1041. Prohibition relating to propaganda. 
Sec. 1042. Extension of certain authority for making rewards for combating 
terrorism. 
Sec. 1043. Technical and clerical amendments. 
Sec. 1044. Repeal of pilot program on commercial fee-for-service air refueling 
support for the Air Force. 
Sec. 1045. Extension of sunset for congressional commission on the strategic 
posture of the United States. 
Sec. 1046. Authorization of appropriations for payments to Portuguese nation-
als employed by the Department of Defense. 
Sec. 1047. Combat air forces restructuring. 
Sec. 1048. Sense of Congress honoring the Honorable Ellen O. Tauscher. 
Sec. 1049. Sense of Congress concerning the disposition of Submarine NR-1. 
Sec. 1050. Compliance with requirement for plan on the disposition of detainees 
at Naval Station, Guantanamo Bay, Cuba. 
Sec. 1051. Sense of Congress regarding carrier air wing force structure. 
Sec. 1052. Sense of Congress on Department of Defense financial improvement 
and audit readiness; plan. 
Sec. 1053. Justice for victims of torture and terrorism. 
Sec. 1054. Repeal of certain laws pertaining to the Joint Committee for the Re-
view of Counterproliferation Programs of the United States. 
Subtitle A—Financial Matters 
SEC. 1001. GENERAL TRANSFER AUTHORITY. 
(a) AUTHORITY TO TRANSFER AUTHORIZATIONS.— 
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(1) AUTHORITY.—Upon determination by the 
Secretary of Defense that such action is necessary in 
the national interest, the Secretary may transfer 
amounts of authorizations made available to the De-
partment of Defense in this division for fiscal year 
2010 between any such authorizations for that fiscal 
year (or any subdivisions thereof). Amounts of au-
thorizations so transferred shall be merged with and 
be available for the same purposes as the authoriza-
tion to which transferred. 
(2) LIMITATIONS.—Except as provided in para-
graphs (3) and (4), the total amount of authoriza-
tions that the Secretary may transfer under the au-
thority 
of 
this 
section 
may 
not 
exceed 
$5,000,000,000. 
(3) EXCEPTION
FOR
TRANSFERS
BETWEEN 
MILITARY PERSONNEL AUTHORIZATIONS.—A trans-
fer of funds between military personnel authoriza-
tions under title IV shall not be counted toward the 
dollar limitation in paragraph (2). 
(4) EXCEPTION FOR TRANSFERS FOR HEALTH 
INFORMATION
MANAGEMENT
AND
INFORMATION 
TECHNOLOGY SYSTEMS.—A transfer of funds from 
the Office of the Secretary of Defense for the sup-
port of the Department of Defense Health Informa-
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tion Management and Information Technology sys-
tems shall not be counted toward the dollar limita-
tion in paragraph (2). 
(b) LIMITATIONS.—The authority provided by this 
section to transfer authorizations— 
(1) may only be used to provide authority for 
items that have a higher priority than the items 
from which authority is transferred; and 
(2) may not be used to provide authority for an 
item that has been denied authorization by Con-
gress. 
(c) EFFECT
ON
AUTHORIZATION
AMOUNTS.—A 
transfer made from one account to another under the au-
thority of this section shall be deemed to increase the 
amount authorized for the account to which the amount 
is transferred by an amount equal to the amount trans-
ferred. 
(d) NOTICE
TO CONGRESS.—The Secretary shall 
promptly notify Congress of each transfer made under 
subsection (a). 
SEC. 1002. INCORPORATION OF FUNDING DECISIONS INTO 
LAW. 
(a) AMOUNTS SPECIFIED IN COMMITTEE REPORT 
ARE AUTHORIZED BY LAW.—Wherever a funding table in 
the report of the Committee on Armed Services of the 
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House of Representatives to accompany the bill H.R. 2647 
of the 111th Congress specifies a dollar amount for a 
project, program, or activity, the obligation and expendi-
ture of the specified dollar amount for the indicated 
project, program, or activity is hereby authorized by law 
to be carried out to the same extent as if included in the 
text of this Act, subject to the availability of appropria-
tions. 
(b) MERIT-BASED DECISIONS.—Decisions by agency 
heads to commit, obligate, or expend funds with or to a 
specific entity on the basis of dollar amount authorized 
pursuant to subsection (a) shall be based on authorized, 
transparent, statutory criteria, or merit-based selection 
procedures in accordance with the requirements of sec-
tions 2304(k) and 2374 of title 10, United States Code, 
and other applicable provisions of law. 
(c) RELATIONSHIP TO TRANSFER AND REPROGRAM-
MING AUTHORITY.—This section does not prevent an 
amount covered by this section from being transferred or 
reprogrammed under a transfer or reprogramming author-
ity provided by another provision of this Act or by other 
law. The transfer or reprogramming of an amount incor-
porated into the Act by this section shall not count against 
a ceiling on such transfers or reprogrammings under sec-
tion 1001 of this Act or any other provision of law, unless 
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such transfer or reprogramming would move funds be-
tween appropriation accounts. 
(d) APPLICABILITY TO CLASSIFIED ANNEX.—This 
section applies to any classified annex to the report re-
ferred to in subsection (a). 
(e) ORAL AND WRITTEN COMMUNICATION.—No oral 
or written communication concerning any amount speci-
fied in the report referred to in subsection (a) shall super-
sede the requirements of this section. 
SEC. 1003. ADJUSTMENT OF CERTAIN AUTHORIZATIONS OF 
APPROPRIATIONS. 
(a) AIR FORCE RESEARCH, DEVELOPMENT, TEST, 
AND EVALUATION.—Funds authorized to be appropriated 
in section 201(3) for research, development, test, and eval-
uation for the Air Force are reduced by $2,900,000, to 
be derived from sensors and near field communication 
technologies. 
(b) ARMY OPERATION AND MAINTENANCE.—Funds 
authorized to be appropriated in section 301(1) for oper-
ation and maintenance for the Army are reduced by 
$18,000,000, to be derived from unobligated balances for 
the Army in the amount of $11,700,000 and fuel pur-
chases for the Army in the amount of $6,300,000. 
(c) NAVY OPERATION AND MAINTENANCE.— 
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(1) REDUCTION.—Funds authorized to be ap-
propriated in section 301(2) for operation and main-
tenance for the Navy are reduced by $22,900,000 to 
be derived from unobligated balances for the Navy 
in the amount of $11,700,000 and fuel purchases 
for the Navy in the amount of $11,200,000. 
(2) AVAILABILITY.—Of the funds authorized to 
be appropriated in section 301(2) for operation and 
maintenance for the Navy for the purpose of Ship 
Activations/Inactivations, $6,000,000 shall be avail-
able for the Navy Ship Disposal–Carrier Demonstra-
tion Project. 
(d) MARINE
CORPS
OPERATION
AND
MAINTE-
NANCE.—Funds authorized to be appropriated in section 
301(3) for operation and maintenance for the Marine 
Corps are reduced by $2,000,000, to be derived from un-
obligated balances for the Marine Corps in the amount 
of $1,100,000 and fuel purchases for the Marine Corps 
in the amount of $900,000. 
(e) AIR FORCE OPERATION AND MAINTENANCE.— 
Funds authorized to be appropriated in section 301(4) for 
operation and maintenance for the Air Force are reduced 
by $25,000,000, to be derived from unobligated balances 
for the Air Force in the amount of $4,300,000 and fuel 
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purchases for the Air Force in the amount of 
$20,700,000. 
(f) DEFENSE-WIDE
OPERATION
AND
MAINTE-
NANCE.—Funds authorized to be appropriated in section 
301(5) for operation and maintenance for Defense-wide 
activities are reduced by $5,200,000, to be derived from 
unobligated balances for Defense-wide activities in the 
amount of $4,300,000 and fuel purchases for Defense- 
wide activities in the amount of $900,000. 
(g) MILITARY PERSONNEL.—Funds authorized to be 
appropriated in section 421 for military personnel ac-
counts are reduced by $50,000,000, to be derived from 
unobligated balances for military personnel accounts. 
Subtitle B—Counter-Drug and 
Counter-Terrorism Activities 
SEC. 1011. ONE-YEAR EXTENSION OF DEPARTMENT OF DE-
FENSE COUNTER-DRUG AUTHORITIES AND 
REQUIREMENTS. 
(a) REPORTING REQUIREMENT ON EXPENDITURES 
TO SUPPORT FOREIGN COUNTER-DRUG ACTIVITIES.— 
Section 1022(a) of the Floyd D. Spence National Defense 
Authorization Act for Fiscal Year 2001 (as enacted into 
law by Public Law 106–398; 114 Stat. 1654A–255), as 
most recently amended by section 1021 of the Duncan 
Hunter National Defense Authorization Act for Fiscal 
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Year 2009 (Public Law 110–417; 122 Stat. 4586), is fur-
ther amended by striking ‘‘April 15, 2006’’ and all that 
follows through ‘‘February 15, 2009’’ and inserting ‘‘Feb-
ruary 15, 2010’’. 
(b) UNIFIED COUNTER-DRUG
AND COUNTERTER-
RORISM CAMPAIGN IN COLOMBIA.—Section 1021 of the 
Ronald W. Reagan National Defense Authorization Act 
for Fiscal Year 2005 (Public Law 108–375; 118 Stat. 
2042), as most recently amended by section 1023 of the 
Duncan Hunter National Defense Authorization Act for 
Fiscal Year 2009 (Public Law 110–417; 122 Stat. 4586), 
is further amended— 
(1) in subsection (a), by striking ‘‘2009’’ and 
inserting ‘‘2010’’; and 
(2) in subsection (c), by striking ‘‘2009’’ and 
inserting ‘‘2010’’. 
(c) SUPPORT FOR COUNTER-DRUG ACTIVITIES OF 
CERTAIN FOREIGN GOVERNMENTS.—Section 1033(a)(2) 
of the National Defense Authorization Act for Fiscal Year 
1998 (Public Law 105–85; 111 Stat. 1881), as most re-
cently amended by section 1024(a) of the Duncan Hunter 
National Defense Authorization Act for Fiscal Year 2009 
(Public Law 110–417; 122 Stat. 4587), is further amend-
ed by striking ‘‘2009’’ and inserting ‘‘2010’’. 
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SEC. 1012. JOINT TASK FORCES SUPPORT TO LAW EN-
FORCEMENT 
AGENCIES 
CONDUCTING 
COUNTER-TERRORISM ACTIVITIES. 
Section 1022(b) of the National Defense Authoriza-
tion Act for Fiscal Year 2004 (Public Law 108–136; 10 
U.S.C. 371 note), as most recently amended by section 
1022 of the Duncan Hunter National Defense Authoriza-
tion Act for Fiscal Year 2009 (Public Law 110–417; 122 
Stat. 4586), is further amended by striking ‘‘2009’’ and 
inserting ‘‘2010’’. 
SEC. 1013. BORDER COORDINATION CENTERS IN AFGHANI-
STAN AND PAKISTAN. 
(a) PROHIBITION ON USE OF COUNTER-NARCOTIC 
ASSISTANCE FOR BORDER COORDINATION CENTERS.— 
(1) PROHIBITION.—Amounts available for drug 
interdiction and counter-drug activities of the De-
partment of Defense may not be expended for the 
construction, expansion, repair, or operation and 
maintenance of any existing or proposed border co-
ordination center. 
(2) RULE OF CONSTRUCTION.—Paragraph (1) 
does not prohibit or limit the use of other funds 
available to the Department of Defense to construct, 
expand, repair, or operate and maintain border co-
ordination centers. 
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(b) LIMITATION
ON
ESTABLISHMENT
OF
ADDI-
TIONAL CENTERS.—The Secretary of Defense may not 
authorize the establishment, or any construction in con-
nection with the establishment, of a third border coordina-
tion center in the area of operations of Regional Com-
mand–East in the Islamic Republic of Afghanistan until 
a border coordination center has been constructed, or is 
under construction, in either— 
(1) the area of operations of Regional Com-
mand–South in the Islamic Republic of Afghanistan; 
or 
(2) Baluchistan in the Islamic Republic of Paki-
stan. 
(c) BORDER COORDINATION CENTER DEFINED.—In 
this section, the term ‘‘border coordination center’’ means 
multilateral military coordination and intelligence center 
that is located, or intended to be located, near the border 
between the Islamic Republic of Afghanistan and the Is-
lamic Republic of Pakistan. 
SEC. 1014. COMPTROLLER GENERAL REPORT ON EFFEC-
TIVENESS OF ACCOUNTABILITY MEASURES 
FOR 
ASSISTANCE 
FROM 
COUNTER-NAR-
COTICS CENTRAL TRANSFER ACCOUNT. 
(a) REPORT REQUIRED.—Not later than 180 days 
after the date of the enactment of this Act, the Comp-
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troller General shall submit to the congressional defense 
committees a report on the performance evaluation system 
used by the Secretary of Defense to assess the effective-
ness of assistance provided for foreign nations to achieve 
the counter-narcotics objectives of the Department of De-
fense. The report shall be unclassified, but may contain 
a classified annex. 
(b) ELEMENTS.—The report required by subsection 
(a) shall contain the following: 
(1) A description of the performance evaluation 
system of the Department of Defense used to deter-
mine the efficiency and effectiveness of counter-nar-
cotics assistance provided by the Department of De-
fense to foreign nations. 
(2) An assessment of the ability of the perform-
ance evaluation system to accurately measure the ef-
ficiency and effectiveness of such counter-narcotics 
assistance. 
(3) Detailed recommendations on how to im-
prove the capacity of the performance evaluation 
system for the counter-narcotics central transfer ac-
count. 
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Subtitle C—Miscellaneous 
Authorities and Limitations 
SEC. 
1021. 
OPERATIONAL 
PROCEDURES 
FOR 
EXPERI-
MENTAL MILITARY PROTOTYPES. 
(a) IN GENERAL.—For the purposes of conducting 
test and evaluation of experimental military prototypes, 
including major systems, as defined in section 2302 of title 
10, United States Code, that have been substantially 
modified for testing with the goal of developing new tech-
nology for increasing the capability, capacity, efficiency, 
or reliability of such systems, and for stimulating innova-
tion in research and development to improve equipment 
or system capability, the senior military officer of each 
military service, in consultation with the senior acquisition 
executive of each military department, shall develop and 
prescribe guidance to enable an expedited process for the 
documentation and approval of deviations from standard-
ized operating instructions and procedures for systems 
and equipment that have been substantially modified for 
the purpose of research, development, or testing. The 
guidance shall— 
(1) provide for appropriate consideration of the 
safety of personnel conducting such tests and eval-
uations; 
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(2) ensure that, prior to the approval of any 
such deviation, sufficient engineering and risk man-
agement analysis has been completed by a competent 
technical authority to provide a reasonable basis for 
determining that the proposed deviation will not re-
sult in an unreasonable risk of liability to the United 
States; 
(3) provide full and fair opportunity for all con-
tractors, including non-traditional defense contrac-
tors, who have developed or proposed promising 
technologies, to test and evaluate experimental mili-
tary prototypes in a manner that— 
(A) allows both the contractor and the 
military service to assess the full potential of 
the technology prior to the establishment of a 
formal acquisition program; and 
(B) does not unduly restrict the operating 
envelope, environment, or conditions approved 
for use during test and evaluation on the basis 
of existing operating instructions and proce-
dures developed for sustained operations of 
proven military hardware, but does ensure that 
deviations from existing operating instructions 
and procedures have been subjected to appro-
priate technical review consistent with any 
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modifications made to the system or equipment; 
and 
(4) ensure that documentation and approval of 
such deviations— 
(A) can be accomplished in a transparent, 
cost-effective, and expeditious manner, generally 
within the period of performance of the contract 
for the development of the experimental mili-
tary prototype; 
(B) address the use of a major system as 
an experimental military prototype by a con-
tractor, and the conduct of test and evaluation 
of such system by the contractor; and 
(C) identify the scope of test and evalua-
tion to be conducted under such deviation, the 
responsibilities of the parties conducting the 
test and evaluation, including the assumption of 
liability, and the responsibility for disposal of 
the experimental military prototype or, as ap-
propriate, the return of a major system to its 
original condition. 
(b) REPORT.—Not later than 12 months after the 
date of the enactment of this Act, the Secretary of each 
military department shall submit to the congressional de-
fense committees a report documenting the guidance de-
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veloped in accordance with subsection (a) and describing 
how such guidance fulfills the objectives under paragraphs 
(1) through (4) of such subsection. 
(c) ONE TIME AUTHORITY TO CONVEY.— 
(1) IN GENERAL.—In advance of the develop-
ment of a process required by subsection (a), the 
Secretary of the Navy is authorized to convey, with-
out consideration, to Piasecki Aircraft Corporation 
of Essington, Pennsylvania (in this section referred 
to as ‘‘transferee’’), all right, title, and interest of 
the United States, except as otherwise provided in 
this subsection, in and to Navy aircraft N40VT (Bu-
reau Number 163283), also known as the X–49A 
aircraft, and associated components and test equip-
ment, previously specified as Government furnished 
equipment in contract N00019–00–C–0284. The 
conveyance shall be made by means of a deed of gift. 
(2) CONDITIONS.—The conveyance under para-
graph (1) may only be made under the following 
conditions: 
(A) The aircraft shall be conveyed in its 
current, ‘‘as is’’ condition. 
(B) The Secretary is not required to repair 
or alter the condition of the aircraft before con-
veying ownership of the aircraft. 
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(C) The conveyance shall be made at no 
cost to the United States. Any costs associated 
with the conveyance shall be borne by the trans-
feree. 
(D) The Secretary may require such addi-
tional terms and conditions in connection with 
a conveyance under this section as the Sec-
retary considers appropriate to protect the in-
terests of the United States, except that such 
terms and conditions shall include, at a min-
imum— 
(i) a provision stipulating that the 
conveyance of the X–49A aircraft is for 
the sole purpose of further development, 
test, and evaluation of vectored thrust 
ducted propeller (VTDP) technology and 
that all items referenced in paragraph (1) 
will transfer back to the United States 
Navy, at no cost to the United States, in 
the event that the X–49A aircraft is uti-
lized for any other purpose; and 
(ii) a provision providing the Govern-
ment the right to procure the vectored 
thrust ducted propeller (VTDP) technology 
demonstrated under this program at a dis-
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counted cost based on the value of the X– 
49A aircraft and associated equipment at 
the time of transfer, with such valuation 
and terms determined by the Secretary. 
(E) Upon such conveyance, the United 
States shall not be liable for any death, injury, 
loss, or damage that results from the use of 
that aircraft by any person other than the 
United States. 
SEC. 1022. TEMPORARY REDUCTION IN MINIMUM NUMBER 
OF OPERATIONAL AIRCRAFT CARRIERS. 
(a) TEMPORARY WAIVER.—Notwithstanding section 
5062(b) of title 10, United States Code, during the period 
beginning on the date of the inactivation of the U.S.S. 
Enterprise (CVN–65) scheduled, as of the date of the en-
actment of this Act, for fiscal year 2013 and ending on 
the date of the commissioning into active service of the 
U.S.S. Gerald R. Ford (CVN–78), the number of oper-
ational aircraft carriers in the naval combat forces of the 
Navy may be 10. 
(b) EVALUATION AND REPORT.— 
(1) EVALUATION.—During the fiscal year 2012, 
the Chairman of the Joint Chiefs of Staff, in coordi-
nation with the commanders of the combatant com-
mands, shall evaluate the required postures and ca-
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HR 2647 PCS 
pabilities of each of the combatant commands to as-
sess the level of increased risk that could result due 
to a temporary reduction in the total number of 
operational aircraft carriers following the inactiva-
tion of the U.S.S. Enterprise (CVN–65). 
(2) REPORT TO CONGRESS.—Together with the 
budget materials submitted to Congress by the Sec-
retary of Defense in support of the President’s 
budget for fiscal year 2013, the Secretary of De-
fense shall submit to the congressional defense com-
mittees a report containing the findings of the eval-
uation conducted pursuant to paragraph (1), and 
the basis for each such finding. 
SEC. 1023. LIMITATION ON USE OF FUNDS FOR THE TRANS-
FER OR RELEASE OF INDIVIDUALS DETAINED 
AT UNITED STATES NAVAL STATION, GUAN-
TANAMO BAY, CUBA. 
(a) IN GENERAL.—The Secretary of Defense may not 
use any of the amounts authorized to be appropriated in 
this Act or otherwise available to the Department of De-
fense for fiscal year 2010 or any subsequent fiscal year 
to release or transfer any individual described in sub-
section (d) to the United States, its territories, or posses-
sions, until 120 days after the President has submitted 
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to the congressional defense committees the plan described 
in subsection (b). 
(b) PLAN REQUIRED.—The President shall submit to 
the congressional defense committees a plan on the dis-
position of each individual described in subsection (d). 
Such plan shall include— 
(1) an assessment of the risk that the indi-
vidual described in subsection (d) poses to the na-
tional security of the United States, its territories, 
or possessions; 
(2) a proposal for the disposition of each such 
individual; 
(3) a plan to mitigate any risks described in 
paragraph (1) should the proposed disposition re-
quired by paragraph (2) include the release or trans-
fer to the United States, its territories, or posses-
sions of any such individual; and 
(4) a summary of the consultation required in 
subsection (c). 
(c) CONSULTATION REQUIRED.—The President shall 
consult with the chief executive of the State, the District 
of Columbia, or the territory or possession of the United 
States to which the disposition in subsection (b) includes 
a release or transfer to that State, District of Columbia, 
or territory or possession. 
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(d) DETAINEES
DESCRIBED.—An individual de-
scribed in this subsection is any individual who is located 
at United States Naval Station, Guantanamo Bay, Cuba, 
as of the date of the enactment of this Act, who— 
(1) is not a citizen of the United States; and 
(2) is— 
(A) in the custody or under the effective 
control of the Department of Defense; or 
(B) otherwise under detention at the 
United States Naval Station, Guantanamo Bay, 
Cuba. 
SEC. 1024. CHARTER FOR THE NATIONAL RECONNAIS-
SANCE OFFICE. 
Not later than 90 days after the date of the enact-
ment of this Act, the Director of National Intelligence and 
the Secretary of Defense shall jointly submit to the con-
gressional intelligence and defense committees a revised 
charter for the National Reconnaissance Office (herein-
after in this section referred to as the ‘‘NRO’’). The char-
ter shall include the following: 
(1) The organizational and governance struc-
ture of the NRO. 
(2) The provision of NRO participation in the 
development and generation of requirements and ac-
quisition. 
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(3) The scope of the capabilities of the NRO. 
(4) The roles and responsibilities of the NRO 
and the relationship of the NRO to other organiza-
tions and agencies in the intelligence and defense 
communities. 
Subtitle D—Studies and Reports 
SEC. 1031. REPORT ON STATUTORY COMPLIANCE OF THE 
REPORT ON THE 2009 QUADRENNIAL DE-
FENSE REVIEW. 
(a) COMPTROLLER GENERAL REPORT.—Not later 
than 90 days after the Secretary of Defense releases the 
report on the 2009 quadrennial defense review, the Comp-
troller General shall submit to the congressional defense 
committees and to the Secretary of Defense a report on 
the degree to which the report on the 2009 quadrennial 
defense review complies with the requirements of sub-
section (d) of section 118 of title 10, United States Code. 
(b) SECRETARY
OF
DEFENSE
REPORT.—If the 
Comptroller General determines that the report on the 
2009 quadrennial defense review deviates significantly 
from the requirements of subsection (d) of section 118 of 
such title, the Secretary of Defense shall submit to the 
congressional defense committees a report addressing the 
areas of deviation not later than 30 days after the submis-
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HR 2647 PCS 
sion of the report by the Comptroller General required by 
paragraph (1). 
SEC. 1032. REPORT ON THE FORCE STRUCTURE FINDINGS 
OF THE 2009 QUADRENNIAL DEFENSE RE-
VIEW. 
(a) REPORT REQUIREMENT.—Concurrent with the 
delivery of the report on the 2009 quadrennial defense re-
view required by section 118 of title 10, United States 
Code, the Secretary of Defense shall submit to the con-
gressional defense committees a report with a classified 
annex containing— 
(1) the analyses used to determine and support 
the findings on force structure required by such sec-
tion; and 
(2) a description of any changes from the pre-
vious quadrennial defense review to the minimum 
military requirements for major military capabilities. 
(b) MAJOR MILITARY CAPABILITIES DEFINED.—In 
this section, the term ‘‘major military capabilities’’ in-
cludes any capability the Secretary determines to be a 
major military capability, any capability discussed in the 
report of the 2006 quadrennial defense review, and any 
capability described in paragraph (9) or (10) of section 
118(d) of title 10, United States Code. 
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SEC. 1033. SENSE OF CONGRESS AND AMENDMENT RELAT-
ING TO QUADRENNIAL DEFENSE REVIEW. 
(a) SENSE OF CONGRESS.—It is the sense of Con-
gress that the quadrennial defense review is a strategy 
process that necessarily produces budget plans; however, 
budget pressures should not determine or limit its out-
comes. 
(b) RELATIONSHIP OF QDR TO BUDGET.—Section 
118(a) of title 10, United States Code, is amended— 
(1) by inserting ‘‘(1)’’ before ‘‘The Secretary of 
Defense’’; and 
(2) by adding at the end the following new 
paragraph: 
‘‘(2) The existence of the quadrennial defense review 
does not exempt the President or the Department of De-
fense from fulfilling its annual legal obligations to submit 
to Congress a budget and all legally required supporting 
documentation.’’. 
SEC. 1034. STRATEGIC REVIEW OF BASING PLANS FOR 
UNITED STATES EUROPEAN COMMAND. 
(a) REPORT REQUIREMENT.—Concurrent with the 
delivery of the report on the 2009 quadrennial defense re-
view required by section 118 of title 10, United States 
Code, the Secretary of Defense shall submit to the appro-
priate congressional committees a report on the plan for 
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HR 2647 PCS 
basing of forces in the European theater, containing a de-
scription of— 
(1) how the plan supports the United States 
national security strategy; 
(2) how the plan satisfies the commitments un-
dertaken by the United States pursuant to Article 5 
of the North Atlantic Treaty, signed at Washington, 
District of Columbia, on April 4, 1949, and entered 
into force on August 24, 1949 (63 Stat. 2241; TIAS 
1964); 
(3) how the plan addresses the current security 
environment in Europe, including United States par-
ticipation in theater cooperation activities; 
(4) how the plan contributes to peace and sta-
bility in Europe; and 
(5) the impact that a permanent change in the 
basing of a unit currently assigned to United States 
European Command would have on the matters de-
scribed in paragraphs (1) through (4). 
(b) NOTIFICATION REQUIREMENT.—The Secretary 
of Defense shall notify Congress at least 30 days before 
the permanent relocation of a unit stationed outside the 
continental United States as of the date of the enactment 
of this Act. 
(c) DEFINITIONS.—In this section: 
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(1) UNIT.—The term ‘‘unit’’ has the meaning 
determined by the Secretary of Defense for purposes 
of this section. 
(2) APPROPRIATE
CONGRESSIONAL
COMMIT-
TEES.—The term ‘‘appropriate congressional com-
mittees’’ means— 
(A) the congressional defense committees; 
(B) the Committee on Foreign Relations of 
the Senate and the Committee on Foreign Af-
fairs of the House of Representatives; and 
(C) the Select Committee on Intelligence of 
the Senate and the Permanent Select Com-
mittee on Intelligence of the House of Rep-
resentatives. 
SEC. 1035. NATIONAL DEFENSE PANEL. 
(a) ESTABLISHMENT.—There is established a bipar-
tisan, independent panel to be known as the National De-
fense Panel (in this section referred to as the ‘‘Panel’’). 
The Panel shall have the duties set forth in this section. 
(b) MEMBERSHIP.—The Panel shall be composed of 
twelve members who are recognized experts in matters re-
lating to the national security of the United States. The 
members shall be appointed as follows: 
(1) Three by the chairman of the Committee on 
Armed Services of the House of Representatives. 
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(2) Three by the chairman of the Committee on 
Armed Services of the Senate. 
(3) Two by the ranking member of the Com-
mittee on Armed Services of the House of Rep-
resentatives. 
(4) Two by the ranking member of the Com-
mittee on Armed Services of the Senate. 
(5) Two by the Secretary of Defense. 
(c) CO-CHAIRS OF THE PANEL.—The chairman of the 
Committee on Armed Services of the House of Represent-
atives and the chairman of the Committee of Armed Serv-
ices of the Senate shall each designate one of their ap-
pointees under subsection (b) to serve as co-chair of the 
panel. 
(d) PERIOD OF APPOINTMENT; VACANCIES.—Mem-
bers shall be appointed for the life of the Panel. Any va-
cancy in the Panel shall be filled in the same manner as 
the original appointment. 
(e) DUTIES.—The Panel shall— 
(1) review the national defense strategy, the na-
tional military strategy, the Secretary of Defense’s 
terms of reference, and any other materials pro-
viding the basis for, or substantial inputs to, the 
work of the Department of Defense on the 2009 
quadrennial defense review under section 118 of title 
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10, United States Code (in this subsection referred 
to as the ‘‘2009 QDR’’), as well as the 2009 QDR 
itself; 
(2) conduct an assessment of the assumptions, 
strategy, findings, costs, and risks of the report of 
the 2009 QDR, with particular attention paid to the 
risks described in that report; 
(3) submit to the congressional defense commit-
tees and the Secretary an independent assessment of 
a variety of possible force structures of the Armed 
Forces, including the force structure identified in 
the report of the 2009 QDR, suitable to meet the re-
quirements identified in the review required in para-
graph (1); 
(4) to the extent practicable, estimate the fund-
ing required by fiscal year, in constant fiscal year 
2010 dollars, to organize, equip, and support the 
forces contemplated under the force structures as-
sessed in the assessment under paragraph (3); and 
(5) provide to Congress and the Secretary of 
Defense, through the reports under subsection (g), 
any recommendations it considers appropriate for 
their consideration. 
(f) FIRST MEETING.— 
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(1) The Panel shall hold its first meeting no 
later than 30 days after the date as of which all ap-
pointments to the Panel under paragraphs (1), (2), 
(3), and (4) of subsection (b) have been made. 
(2) If the Secretary of Defense has not made 
the Secretary’s appointments to the Panel under 
subsection (b)(5) by the date of the first meeting 
pursuant to paragraph (1), the Panel shall convene 
with the remaining members. 
(g) REPORTS.— 
(1) Not later than April 15, 2010, the Panel 
shall submit an interim report on its findings to the 
congressional defense committees and to the Sec-
retary of Defense. 
(2) Not later than January 15, 2011, the Panel 
shall submit its final report, together with any rec-
ommendations, to the congressional defense commit-
tees and to the Secretary of Defense. 
(3) Not later than February 15, 2011, the Sec-
retary of Defense, after consultation with the Chair-
man of the Joint Chiefs of Staff, shall submit to the 
committees referred to in paragraph (2) the Sec-
retary’s comments on the Panel’s final report under 
that paragraph. 
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(h) INFORMATION FROM FEDERAL AGENCIES.—The 
Panel may secure directly from the Department of De-
fense and any of its components such information as the 
Panel considers necessary to carry out its duties under 
this section. The head of the department or agency con-
cerned shall ensure that information requested by the 
Panel under this subsection is promptly provided. 
(i) FFRDC SUPPORT.—Upon the request of the co- 
chairs of the Panel, the Secretary of Defense shall make 
available to the Panel the services of any federally funded 
research and development center that is covered by a spon-
soring agreement of the Department of Defense. 
(j) PERSONNEL MATTERS.—The Panel shall have the 
authorities provided in section 3161 of title 5, United 
States Code, and shall be subject to the conditions set 
forth in such section. 
(k) PAYMENT OF PANEL EXPENSES.—Funds for ac-
tivities of the Panel shall be provided from amounts avail-
able to the Department of Defense. 
(l) TERMINATION.—The Panel shall terminate 45 
days after the date on which the Panel submits its final 
report under subsection (g)(2). 
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SEC. 1036. REPORT REQUIRED ON NOTIFICATION OF DE-
TAINEES OF RIGHTS UNDER MIRANDA V. ARI-
ZONA. 
Not later than 90 days after the date of the enact-
ment of this Act, the Secretary of Defense shall submit 
to the congressional defense committees a report on how 
the reading of rights under Miranda v. Arizona (384 U.S. 
436 (1966)) to individuals detained by the United States 
in Afghanistan may affect— 
(1) the rules of engagement of the Armed 
Forces deployed in support of Operation Enduring 
Freedom; 
(2) post-capture interrogations and intelligence- 
gathering activities conducted as part of Operation 
Enduring Freedom; 
(3) the overall counterinsurgency strategy and 
objectives of the United States for Operation Endur-
ing Freedom; 
(4) United States military operations and objec-
tives in Afghanistan; and 
(5) potential risks to members of the Armed 
Forces operating in Afghanistan. 
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HR 2647 PCS 
SEC. 1037. ANNUAL REPORT ON THE ELECTRONIC WAR-
FARE STRATEGY OF THE DEPARTMENT OF 
DEFENSE. 
(a) ANNUAL REPORT REQUIRED.—At the same time 
as the President submits to Congress the budget under 
section 1105(a) of title 31, United States Code, for fiscal 
year 2011, and for each subsequent fiscal year, the Sec-
retary of Defense, in coordination with the Chairman of 
the Joint Chiefs of Staff and the Secretary of each of the 
military departments, shall submit to the congressional de-
fense committees an annual report on the electronic war-
fare strategy of the Department of Defense. 
(b) CONTENTS OF REPORT.—Each report required 
under subsection (a) shall include each of the following: 
(1) A description and overview of— 
(A) the Department of Defense’s electronic 
warfare strategy; 
(B) how such strategy supports the Na-
tional Defense Strategy; and 
(C) the organizational structure assigned 
to oversee the development of the Department’s 
electronic warfare strategy, requirements, capa-
bilities, programs, and projects. 
(2) A list of all the electronic warfare acquisi-
tion programs and research and development 
projects of the Department of Defense and a de-
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HR 2647 PCS 
scription of how each program or project supports 
the Department’s electronic warfare strategy. 
(3) For each unclassified program or project on 
the list required by paragraph (2)— 
(A) the senior acquisition executive and or-
ganization responsible for oversight of the pro-
gram or project; 
(B) whether or not validated requirements 
exist for each program or project and, if such 
requirements exist, the date on which the re-
quirements were validated and by which organi-
zational authority; 
(C) the total amount of funding appro-
priated, obligated, and forecasted by fiscal year 
for the program or project, to include the pro-
gram element or procurement line number from 
which the program or project receives funding; 
(D) the development or procurement 
schedule for the program or project; 
(E) an assessment of the cost, schedule, 
and performance of the program or project as 
it relates to the program or project’s current 
program baseline and the original program 
baseline if such baselines are not the same; 
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(F) the technology readiness level of each 
critical technology that is part of the program 
or project; 
(G) whether or not the program or project 
is redundant or overlaps with the efforts of an-
other military department; and 
(H) what capability gap the program or 
project is being developed or procured to fulfill. 
(4) A classified annex that contains the items 
described in subparagraphs (A) through (H) for 
each classified program or project on the list re-
quired by paragraph (2). 
SEC. 1038. STUDIES TO ANALYZE ALTERNATIVE MODELS 
FOR ACQUISITION AND FUNDING OF TECH-
NOLOGIES SUPPORTING NETWORK-CENTRIC 
OPERATIONS. 
(a) STUDIES REQUIRED.— 
(1) INDEPENDENT STUDY.—Not later than 90 
days after the date of the enactment of this Act, the 
Secretary of Defense shall enter into a contract with 
an independent federally funded research and devel-
opment center to carry out a comprehensive study of 
policies, procedures, organization, and regulatory 
constraints affecting the acquisition of technologies 
supporting network-centric operations. The contract 
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HR 2647 PCS 
shall be funded from amounts appropriated pursuant 
to an authorization of appropriations in this Act or 
otherwise made available for fiscal year 2010 for op-
eration and maintenance for Defense-wide activities. 
(2) JOINT
CHIEFS
OF
STAFF
STUDY.—The 
Chairman of the Joint Chiefs of Staff shall carry out 
a comprehensive study of the same subjects covered 
by paragraph (1). The study shall be independent of 
the study required by paragraph (1) and shall be 
carried out in conjunction with the military depart-
ments and in coordination with the Secretary of De-
fense. 
(b) MATTERS TO BE ADDRESSED.—Each study re-
quired by subsection (a) shall address the following mat-
ters: 
(1) Development of a system for understanding 
the various foundational components that contribute 
to network-centric operations, such as data trans-
port, processing, storage, data collection, and dis-
semination of information. 
(2) Determining how acquisition and funding 
programs that are in place as of the date of the en-
actment of this Act relate to the system developed 
under paragraph (1). 
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HR 2647 PCS 
(3) Development of acquisition and funding 
models using the system developed under paragraph 
(1), including— 
(A) a model under which a joint entity 
independent of any military department (such 
as the Joint Staff) is established with responsi-
bility and control of all funding for the acquisi-
tion of technologies for network-centric oper-
ations, and with authority to oversee the incor-
poration of such technologies into the acquisi-
tion programs of the military departments; 
(B) a model under which an executive 
agent is established to manage and oversee the 
acquisition of technologies for network-centric 
operations, but would not have exclusive control 
of the funding for such programs; 
(C) a model under which the acquisition 
and funding programs that are in place as of 
the date of the enactment of this Act are main-
tained; and 
(D) any other model that the entity car-
rying out the study considers relevant. 
(4) An analysis of each of the models developed 
under paragraph (3) with respect to potential bene-
fits in— 
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HR 2647 PCS 
(A) collecting, processing, and dissemi-
nating information; 
(B) network commonality; 
(C) common communications; 
(D) interoperability; 
(E) mission impact and success; and 
(F) cost effectiveness. 
(5) An evaluation of each of the models devel-
oped under paragraph (3) with respect to feasibility, 
including identification of legal, policy, or regulatory 
barriers that may impede the implementation of 
such model. 
(c) REPORT REQUIRED.—Not later than September 
30, 2010, the Secretary of Defense shall submit to the 
congressional defense committees a report on the results 
of the studies required by subsection (a). The report shall 
include the findings and recommendations of the studies 
and any observations and comments that the Secretary 
considers appropriate. 
(d) NETWORK-CENTRIC OPERATIONS DEFINED.—In 
this section, the term ‘‘network-centric operations’’ refers 
to the ability to exploit all human and technical elements 
of the Joint Force and mission partners through the full 
integration of collected information, awareness, knowl-
edge, experience, and decision-making, enabled by secure 
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access and distribution, all to achieve agility and effective-
ness in a dispersed, decentralized, dynamic, or uncertain 
operational environment. 
SEC. 1039. REPORT ON COMPETITIVE PROCEDURES USED 
FOR EARMARKS IN DEPARTMENT OF DE-
FENSE APPROPRIATIONS ACT, 2008. 
(a) REPORT REQUIREMENT.—Not later than 60 days 
after the date of the enactment of this Act, the Secretary 
of Defense shall submit to Congress a report on the con-
gressional earmarks described in subsection (b). 
(b) CONGRESSIONAL EARMARKS DESCRIBED.—The 
congressional earmarks described in this subsection are 
the congressional earmarks (House) and the congression-
ally directed spending items (Senate) on the list published 
in compliance with clause 9 of rule XXI of the Rules of 
the House of Representatives and rule XLIV of the Stand-
ing Rules of the Senate and contained on pages 372 to 
476 of the Joint Explanatory Statement submitted by the 
Committee of Conference for the conference report to ac-
company H.R. 3222 of the 110th Congress (Report 110– 
434). 
(c) MATTERS COVERED BY REPORT.—The report re-
quired by subsection (a) shall set forth the following with 
respect to each congressional earmark on the list referred 
to in subsection (b): 
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(1) The competitive procedures used to procure 
each earmark, including the process used, the tools 
employed, and the decisions reached. 
(2) If competitive procedures were not used to 
procure an earmark, the reasons why competitive 
procedures were not used, including a discussion of 
the decision making process and how the decision to 
use procedures other than competitive procedures 
was reached. 
SEC. 1040. STUDY ON NATIONAL SECURITY PROFESSIONAL 
CAREER DEVELOPMENT AND SUPPORT. 
(a) STUDY REQUIRED.—Not later than 30 days after 
the date of the enactment of this Act, the President shall 
designate an Executive agency to commission a study by 
an appropriate independent, non-profit organization. The 
organization selected shall study the design and implemen-
tation of an interagency system for the career development 
and support of national security professionals. The organi-
zation selected shall be qualified on the basis of having 
performed related work in the fields of national security 
and human capital development, and on the basis of such 
other criteria as the head of the Executive agency may 
determine. 
(b) MATTERS CONSIDERED.—The study required by 
subsection (a) shall, at a minimum, include the following: 
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HR 2647 PCS 
(1) The qualifications required to certify an em-
ployee as a national security professional. 
(2) Methods for identifying and designating po-
sitions within the Federal Government which require 
the knowledge, skills and aptitudes of a national se-
curity professional. 
(3) The essential elements required for an ac-
credited interagency national security professional 
education system. 
(4) A system for training national security pro-
fessionals to ensure they develop and maintain the 
qualifications identified under paragraph (1). 
(5) An institutional structure for managing a 
national security professional career development 
system. 
(6) Potential mechanisms for funding a na-
tional security professional career development pro-
gram. 
(c) REPORT.—A report containing the findings and 
recommendations resulting from the study required by 
subsection (a), together with any views or recommenda-
tions of the President, shall be submitted to Congress by 
December 1, 2010. 
(d) DEFINITIONS.—For purposes of this section— 
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HR 2647 PCS 
(1) the term ‘‘Executive agency’’ has the mean-
ing given such term by section 105 of title 5, United 
States Code; 
(2) the term ‘‘employee’’ has the meaning given 
such term by section 2105 of title 5, United States 
Code; and 
(3) the term ‘‘national security professional’’ 
means, with respect to an employee of an Executive 
agency, an employee of such agency in a position re-
lating to the planning of, coordination of, or partici-
pation in, interagency national security operations. 
Subtitle E—Other Matters 
SEC. 1041. PROHIBITION RELATING TO PROPAGANDA. 
(a) IN GENERAL.— 
(1) PROHIBITION.—Chapter 134 of title 10, 
United States Code, is amended by inserting after 
section 2241 the following new section: 
‘‘§ 2241a. Prohibition on use of funds for publicity or 
propaganda purposes within the United 
States 
‘‘Funds available to the Department of Defense may 
not be obligated or expended for publicity or propaganda 
purposes within the United States not otherwise specifi-
cally authorized by law.’’. 
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(2) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of such chapter is amended 
by adding at the end the following new item: 
‘‘2241a. Prohibition on use of funds for publicity or propaganda purposes within 
the United States.’’. 
(b) EFFECTIVE DATE.—Section 2241a of title 10, 
United States Code, as added by subsection (a), shall take 
effect on October 1, 2009, or the date of the enactment 
of this Act, whichever is later. 
SEC. 1042. EXTENSION OF CERTAIN AUTHORITY FOR MAK-
ING REWARDS FOR COMBATING TERRORISM. 
Section 127b(c)(3)(C) of title 10, United States 
Code, is amended by striking ‘‘2009’’ and inserting 
‘‘2010’’. 
SEC. 1043. TECHNICAL AND CLERICAL AMENDMENTS. 
(a) TITLE 10, UNITED STATES CODE.—Title 10, 
United States Code, is amended as follows: 
(1) The heading of section 1567 is amended to 
read as follows: 
‘‘§ 1567. Duration of military protective orders’’. 
(2) The heading of section 1567a is amended to 
read as follows: 
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HR 2647 PCS 
‘‘§ 1567a. Mandatory notification of issuance of mili-
tary protective order to civilian law en-
forcement’’. 
(3) Section 2306c(h) is amended by striking 
‘‘section 
2801(c)(2)’’ 
and 
inserting 
‘‘section 
2801(c)(4)’’. 
(4) Section 2667(g)(1) is amended by striking 
‘‘Secretary concerned concerned’’ and inserting 
‘‘Secretary concerned’’. 
(b) TITLE 37, UNITED STATES CODE.—Section 
308(a)(2)(A)(ii) of title 37, United States Code, is amend-
ed by striking the comma before the period at the end. 
(c) DUNCAN HUNTER NATIONAL DEFENSE AUTHOR-
IZATION ACT FOR FISCAL YEAR 2009.—Effective as of 
October 14, 2008, and as if included therein as enacted, 
the Duncan Hunter National Defense Authorization Act 
for Fiscal Year 2009 (Public Law 110–417) is amended 
as follows: 
(1) Section 314(a) (122 Stat. 4410; 10 U.S.C. 
2710 note) is amended by striking ‘‘Secretary’’ and 
inserting ‘‘Secretary of Defense’’. 
(2) Section 523(1) (122 Stat. 4446) is amended 
by striking ‘‘serving or’’ and inserting ‘‘serving in 
or’’. 
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(3) Section 616 (122 Stat. 4486) is amended 
by striking ‘‘of title’’ in subsections (b) and (c) and 
inserting ‘‘of such title’’. 
(4) Section 732(2) (122 Stat. 4511) is amended 
by striking ‘‘year.’’ and inserting ‘‘year’’. 
(5) Section 811(c)(6)(A)(iv)(I) (122 Stat.4524) 
is amended by striking ‘‘after of ‘the program’ ’’ and 
inserting ‘‘after ‘of the program’ ’’. 
(6) Section 813(d)(3) (122 Stat. 4527) is 
amended by striking ‘‘each of subsections (c)(2)(A) 
and (d)(2)’’ and inserting ‘‘subsection (c)(2)(A)’’. 
(7) Section 825(b) (122 Stat. 4534) is amended 
in the new item being added by inserting a period 
after ‘‘thereof’’. 
(8) Section 834(a)(2) (122 Stat. 4537) is 
amended by inserting ‘‘subchapter II of’’ before 
‘‘chapter 87’’. 
(9) Section 845(a) (122 Stat. 4541) is amend-
ed— 
(A) in paragraph (1), by striking ‘‘Sub-
chapter I’’ and inserting ‘‘Subchapter II’’; and 
(B) in paragraph (2), by striking ‘‘sub-
chapter I’’ and inserting ‘‘subchapter II’’. 
(10) Section 855 (122 Stat. 4545) is repealed. 
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(11) Section 921(1) (122 Stat. 4573) is amend-
ed by striking ‘‘subsections (f) and (g) as sub-
sections (g) and (h)’’ and inserting ‘‘subsections (f), 
(g), and (h) as subsections (g), (h), and (i)’’. 
(12) Section 931(b)(5) (122 Stat. 4575) is 
amended— 
(A) by striking ‘‘Section 201(e)(2)’’ and 
inserting ‘‘Section 201(f)(2)(E)’’; and 
(B) by striking ‘‘(6 U.S.C. 121(e)(2))’’ and 
inserting ‘‘(6 U.S.C. 121(f)(2)(E))’’. 
(13) Section 932 (122 Stat. 4576) is repealed. 
(14) Section 1033(b) (122 Stat. 4593) is 
amended by striking ‘‘chapter 941’’ and inserting 
‘‘chapter 931’’. 
(15) Section 1059 (122 Stat. 4611) is amended 
by striking ‘‘Act of’’ and inserting ‘‘Act for’’. 
(16) Section 1061(b)(3) (122 Stat. 4613) is 
amended by striking ‘‘103’’ and inserting ‘‘188’’. 
(17) Section 1109 (122 Stat. 4618) is amended 
in subsection (e)(1) of the matter proposed to be 
added by striking ‘‘the date of the enactment of this 
Act’’ and inserting ‘‘October 14, 2008,’’. 
(18) Section 2104(b) (122 Stat. 4664) is 
amended in the matter preceding paragraph (1) by 
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HR 2647 PCS 
striking ‘‘section 2401’’ and inserting ‘‘section 
2101’’. 
(19) Section 3508(b) (122 Stat. 4769) is 
amended to read as follows: 
‘‘(b) CONFORMING AMENDMENT.—The chapter 541 
of title 46, United States Code, as inserted and amended 
by the amendments made by subparagraphs (A) through 
(D) of section 3523(a)(6) of the National Defense Author-
ization Act for Fiscal Year 2008 (Public Law 110–181; 
122 Stat. 599), is repealed.’’. 
(20) Section 3511(d) (122 Stat. 4770) is 
amended by inserting before the period the fol-
lowing: ‘‘, and by striking ‘CALENDAR’ and inserting 
‘FISCAL’ in the heading for paragraph (2)’’. 
SEC. 1044. REPEAL OF PILOT PROGRAM ON COMMERCIAL 
FEE-FOR-SERVICE AIR REFUELING SUPPORT 
FOR THE AIR FORCE. 
The National Defense Authorization Act for Fiscal 
Year 2008 (Public Law 110–181) is amended by striking 
section 1081. 
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SEC. 1045. EXTENSION OF SUNSET FOR CONGRESSIONAL 
COMMISSION ON THE STRATEGIC POSTURE 
OF THE UNITED STATES. 
Section 1062 of the National Defense Authorization 
Act for Fiscal Year 2008 (Public Law 110–181; 122 Stat. 
319) is amended— 
(1) by redesignating subsections (f) and (g) as 
subsections (g) and (h), respectively; 
(2) in subsection (h), as redesignated by para-
graph (1) of this subsection, by striking ‘‘June 1, 
2009’’ and inserting ‘‘September 30, 2010’’; and 
(3) by inserting after subsection (e) the fol-
lowing new subsection (f): 
‘‘(f) FOLLOW-ON REPORT.—Not later than May 1, 
2010, the commission shall submit to the President, the 
Secretary of Defense, the Secretary of Energy, the Sec-
retary of State, the Committee on Armed Services of the 
Senate, the Committee on Foreign Relations of the Sen-
ate, the Committee on Armed Services of the House of 
Representatives, and the Committee on Foreign Affairs of 
the House of Representatives a follow-on report to the re-
port submitted under subsection (e). With respect to the 
matters described under subsection (c), the follow-on re-
port shall include, at a minimum, the following: 
‘‘(1) A review of— 
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‘‘(A) the nuclear posture review required 
by section 1070 of this Act; and 
‘‘(B) the Quadrennial Defense Review re-
quired to be submitted under section 118 of 
title 10, United States Code. 
‘‘(2) A review of legislative actions taken by the 
111th Congress.’’. 
SEC. 1046. AUTHORIZATION OF APPROPRIATIONS FOR PAY-
MENTS TO PORTUGUESE NATIONALS EM-
PLOYED BY THE DEPARTMENT OF DEFENSE. 
(a) AUTHORIZATION
FOR PAYMENTS.—Subject to 
subsection (b), the Secretary of Defense may authorize 
payments to Portuguese nationals employed by the De-
partment of Defense in Portugal, for the difference be-
tween— 
(1) the salary increases resulting from section 
8002 of the Department of Defense Appropriations 
Act, 2006 (Public Law 109–148; 119 Stat. 2697; 10 
U.S.C. 1584 note) and section 8002 of the Depart-
ment of Defense Appropriations Act, 2007 (Public 
Law 109–289; 120 Stat. 1271; 10 U.S.C. 1584 
note); and 
(2) salary increases supported by the Depart-
ment of Defense Azores Foreign National wage sur-
veys for survey years 2006 and 2007. 
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HR 2647 PCS 
(b) LIMITATION.—The authority provided in sub-
section (a) may be exercised only if— 
(1) the wage survey methodology described in 
the United States—Portugal Agreement on Coopera-
tion and Defense, with supplemental technical and 
labor agreements and exchange of notes, signed at 
Lisbon on June 1, 1995, and entered into force on 
November 21, 1995, is eliminated; and 
(2) the agreements and exchange of notes re-
ferred to in paragraph (1) and any implementing 
regulations thereto are revised to provide that the 
obligations of the United States regarding annual 
pay increases are subject to United States appro-
priation law governing the funding available for such 
increases. 
(c) AUTHORIZATION FOR APPROPRIATION.—Of the 
amounts authorized to be appropriated under title III, not 
less than $240,000 is authorized to be appropriated for 
fiscal year 2010 for the purpose of the payments author-
ized by subsection (a). 
SEC. 1047. COMBAT AIR FORCES RESTRUCTURING. 
(a) LIMITATIONS
RELATING
TO
LEGACY
AIR-
CRAFT.—Until the expiration of the 90-day period begin-
ning on the date the Secretary of the Air Force submits 
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HR 2647 PCS 
a report in accordance with subsection (b), the following 
provisions apply: 
(1) PROHIBITION
ON
RETIREMENT
OF
AIR-
CRAFT.—The Secretary of the Air Force may not re-
tire any fighter aircraft pursuant to the Combat Air 
Forces restructuring plan announced by the Sec-
retary on May 18, 2009. 
(2) PROHIBITION
ON
PERSONNEL
REASSIGN-
MENTS.—The Secretary of the Air Force may not 
reassign any Air Force personnel (whether on active 
duty or a member of a reserve component, including 
the National Guard) associated with such restruc-
turing plan. 
(3) REQUIREMENTS TO CONTINUE FUNDING.— 
(A) Of the funds authorized to be appro-
priated in title III of this Act for operations 
and maintenance for the Air Force, at least 
$344,600,000 shall be expended for continued 
operation and maintenance of the 249 fighter 
aircraft scheduled for retirement in fiscal year 
2010 pursuant to such restructuring plan. 
(B) Of the funds authorized to be appro-
priated in title I of this Act for procurement for 
the Air Force, at least $10,500,000 shall be 
available for obligation to provide for any modi-
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HR 2647 PCS 
fications necessary to sustain the 249 fighter 
aircraft. 
(b) REPORT.—The report under subsection (a) shall 
be submitted to the Committees on Armed Services of the 
House of Representatives and the Senate and shall include 
the following information: 
(1) A detailed plan of how the force structure 
and capability gaps resulting from the retirement ac-
tions will be addressed. 
(2) An explanation of the assessment conducted 
of the current threat environment and current capa-
bilities. 
(3) A description of the follow-on mission as-
signments for each affected base. 
(4) An explanation of the criteria used for se-
lecting the affected bases and the particular fighters 
chosen for retirement. 
(5) A description of the environmental analyses 
being conducted. 
(6) An identification of the reassignment and 
manpower authorizations necessary for the Air 
Force personnel (both active duty and reserve com-
ponent) affected by the retirements if such retire-
ments are accomplished. 
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HR 2647 PCS 
(7) A description of the funding needed in fiscal 
years 2010 through 2015 to cover operation and 
maintenance costs, personnel, and aircraft procure-
ment, if the restructuring plan is not carried out. 
(8) An estimate of the cost avoidance should 
the restructuring plan more forward and a descrip-
tion of how such funds would be invested during the 
future-years defense plan to ensure the remaining 
fighter force achieves the desired service life and is 
sufficiently modernized to outpace the threat. 
(c) EXCEPTION FOR CERTAIN AIRCRAFT.—The pro-
hibition in subsection (a)(1) shall not apply to the five 
fighter aircraft scheduled for retirement in fiscal year 
2010, as announced when the budget for fiscal year 2009 
was submitted to Congress. 
SEC. 1048. SENSE OF CONGRESS HONORING THE HONOR-
ABLE ELLEN O. TAUSCHER. 
(a) FINDINGS.—Congress makes the following find-
ings: 
(1) In 1996, Representative Ellen O. Tauscher 
was elected to represent California’s 10th Congres-
sional district, which is located in the East Bay Area 
of northern California and consists of parts of So-
lano, Contra Costa, Alameda, and Sacramento coun-
ties. 
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HR 2647 PCS 
(2) Representative Tauscher also represents two 
of the Nation’s defense laboratories, Lawrence 
Livermore and the California campus of Sandia, as 
well as Travis Air Force Base, home of the 60th Air 
Mobility Wing and the Camp Parks Army Reserve 
facility. 
(3) Prior to her service in Congress, Represent-
ative Tauscher worked in the private sector for 20 
years, 14 of which were on Wall Street. 
(4) At age 25, Representative Tauscher became 
one of the first women, and the youngest at the 
time, to hold a seat on the New York Stock Ex-
change, and she later served as an officer of the 
American Stock Exchange. 
(5) Representative Tauscher moved to Cali-
fornia in 1989 and shortly afterwards founded the 
first national research service to help parents verify 
the background of childcare workers while she 
sought quality childcare for her own daughter. 
(6) Subsequently, Representative Tauscher pub-
lished a book to help working parents make in-
formed decisions about their own childcare needs. 
(7) Representative Tauscher is known by her 
colleagues in Congress as a leader on national secu-
rity and nonproliferation issues. 
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HR 2647 PCS 
(8) During her tenure, she has introduced legis-
lation to increase and expand the Nation’s non-
proliferation programs, strengthen the Stockpile 
Stewardship Program, and provide the Nation’s 
troops with the support and equipment they deserve. 
(9) In the 110th Congress, Representative 
Tauscher was appointed Chairman of the Strategic 
Forces Subcommittee of the Armed Services Com-
mittee of the House of Representatives, becoming 
only the third woman in history to chair an Armed 
Services subcommittee. 
(10) Representative Tauscher is also the first 
California Democrat to be elevated to an Armed 
Services Subcommittee Chairmanship since 1992. 
(11) Representative Tauscher is currently serv-
ing her second term as the Chairman of the House 
New Democrat Coalition, and she was appointed by 
the Speaker of the House to serve as the Vice Chair 
for the Future Security and Defense Capabilities 
Subcommittee of the Defense and Security Com-
mittee of NATO’s Parliamentary Assembly. 
(12) On May 5, 2009, the President nominated 
Representative Tauscher to serve as Under Sec-
retary of State for Arms Control and International 
Security at the Department of State. 
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HR 2647 PCS 
scribed in section 342(b) of the National Defense 
Authorization Act for Fiscal Year 1995 (Public Law 
103–337; 108 Stat. 2721): 
(A) The Tank and Automotive Research 
Development and Engineering Center. 
(B) The Armament Research Development 
and Engineering Center. 
(C) The Naval Air Warfare Center, Weap-
ons Division. 
(D) The Naval Air Warfare Center, Air-
craft Division. 
(E) The Space and Naval Warfare Sys-
tems Center, Pacific. 
(F) The Space and Naval Warfare Sys-
tems Center, Atlantic. 
(2) CONVERSION PROCEDURES.—The Secretary 
of Defense shall implement procedures to convert 
the civilian personnel of each facility identified in 
paragraph (1) from their current personnel system 
to the personnel system under an appropriate dem-
onstration project (as referred to in such section 
342(b)). Any conversion under this paragraph— 
(A) shall not adversely affect any employee 
with respect to pay or any other term or condi-
tion of employment; 
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HR 2647 PCS 
(B) shall be consistent with the terms of 
any collective bargaining agreement which 
might apply; and 
(C) shall be completed within 18 months 
after the date of the enactment of this Act. 
(b) EXCLUSION FROM NATIONAL SECURITY PER-
SONNEL SYSTEM.— 
(1) IN GENERAL.—Section 9902(c)(2) of title 5, 
United States Code, is amended— 
(A) in subparagraph (I), by striking ‘‘and’’ 
after the semicolon; 
(B) in subparagraph (J), by striking the 
period and inserting ‘‘; and’’; and 
(C) by adding after subparagraph (J) the 
following: 
‘‘(K) the Tank and Automotive Research 
Development and Engineering Center; 
‘‘(L) the Armament Research Development 
and Engineering Center; 
‘‘(M) the Naval Air Warfare Center, 
Weapons Division; 
‘‘(N) the Naval Air Warfare Center, Air-
craft Division; 
‘‘(O) the Space and Naval Warfare Sys-
tems Center, Pacific; and 
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HR 2647 PCS 
(1) IN
GENERAL.—The Secretary of Defense 
shall take all actions which may be necessary to pro-
vide, within 12 months after the date of enactment 
of this Act, for the termination of the National Se-
curity Personnel System and for the conversion of 
any employees and positions which, as of such date 
of enactment, remain subject to such System, to— 
(A) the statutory pay system and all other 
aspects of the personnel system that last ap-
plied to such employee or position (as the case 
may be) before the National Security Personnel 
System applied; or 
(B) if subparagraph (A) does not apply, 
the statutory pay system and all other aspects 
of the personnel system that would have applied 
if the National Security Personnel System had 
never been established. 
No employee shall suffer any loss of or decrease in 
pay because of the preceding sentence. 
(2) REPORT.—If the Secretary of Defense is of 
the view that the National Security Personnel Sys-
tem should not be terminated in accordance with 
paragraph (1), the Secretary shall submit to the 
President and both Houses of Congress as soon as 
practicable, but in no event later than 6 months 
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