SEC. 233. REPORT ON INTEGRATION OF DEPARTMENT OF 
DEFENSE 
INTELLIGENCE, 
SURVEILLANCE, 
AND RECONNAISSANCE CAPABILITIES. 
Of the amounts authorized to be appropriated in this 
Act for program element 35884L for intelligence planning 
and review activities, not more than 25 percent of such 
amounts may be obligated or expended until the date that 
is 30 days after the date on which the Under Secretary of 
Defense for Intelligence submits the report required under 
section 923(d)(1) of the National Defense Authorization Act 
for 2004 (Public Law 108-136; 117 Stat. 1576), including 
the elements of the report described in subparagraphs (D), 
(E), and (F) of such section 923(d)(1). 
SEC. 234. REPORT ON FUTURE RESEARCH AND DEVELOP-
MENT 
OF 
MAN-PORTABLE 
AND 
VEHICLE- 
MOUNTED GUIDED MISSILE SYSTEMS. 
(a) REPORT.—Not later than 90 days after the date 
of the enactment of this Act, the Secretary of the Army shall 
submit to Congress a report on future research and develop-
ment of man-portable and vehicle-mounted guided missile 
systems to replace the current Javelin and TOW systems. 
Such report shall include— 
(1) an examination of current requirements for 
anti-armor missile systems; 
(2) an analysis of battlefield uses other than 
anti-armor; 
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(3) an analysis of changes required to the cur-
rent Javelin and TOW systems to maximize effective-
ness and lethality in situations other than anti- 
armor; 
(4) an analysis of the current family of Javelin 
and TOW warheads and specifically detail how they 
address threats other than armor; 
(5) an examination of the need for changes to 
current or development of additional warheads or a 
family of warheads to address threats other than 
armor; 
(6) a description of any missile system design 
changes required to integrate current missile systems 
with current manned ground systems; 
(7) a detailed and current analysis of the costs 
associated with the development of next-generation 
Javelin and TOW systems and additional warheads 
or family of warheads to address threats other than 
armor, integration costs for current vehicles, integra-
tion costs for future vehicles and possible efficiencies 
of developing and procuring these systems at low rate 
and full rate based on current system production; and 
(8) an analysis of the ability of the industrial 
base to support development and production of cur-
rent and future Javelin and TOW systems. 
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(b) RESTRICTION ON USE OF FUNDS.—Of the amounts 
authorized to be appropriated under this Act for research, 
test, development, and evaluation for the Army, for missile 
and 
rocket 
advanced 
technology 
(program 
element 
0603313A), not more than 70 percent may be obligated or 
expended until the Secretary of the Army submits the report 
required by subsection (a). 
Subtitle E—Other Matters 
SEC. 241. ACCESS OF THE DIRECTOR OF THE TEST RE-
SOURCE MANAGEMENT CENTER TO DEPART-
MENT OF DEFENSE INFORMATION. 
Section 196 of title 10, United States Code, is amend-
ed— 
(1) by redesignating subsections (d) through (h) 
as subsections (e) through (i), respectively; and 
(2) by inserting after subsection (c) the following 
new subsection (d): 
‘‘(h) ACCESS TO INFORMATION.—The Director shall 
have access to all records and data of the Department of 
Defense (including the records and data of each military 
department) that the Director considers necessary to review 
in order to carry out the duties of the Director under this 
section.’’. 
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SEC. 242. INCLUSION IN ANNUAL BUDGET REQUEST AND 
FUTURE-YEARS DEFENSE PROGRAM OF SUF-
FICIENT AMOUNTS FOR CONTINUED DEVEL-
OPMENT AND PROCUREMENT OF COMPETI-
TIVE PROPULSION SYSTEM FOR F-35 LIGHT-
NING II. 
(a) ANNUAL BUDGET.—Chapter 9 of title 10, United 
States Code, is amended by adding at the end the following 
new section: 
‘‘§ 235. Budget for competitive propulsion system for F- 
35 Lightning II 
‘‘(a) ANNUAL BUDGET.—Effective for the budget of the 
President submitted to Congress under section 1105(a) of 
title 31, United States Code, for fiscal year 2011 and each 
fiscal year thereafter, the Secretary of Defense shall include, 
in the materials submitted by the Secretary to the Presi-
dent, a request for such amounts as are necessary for the 
full funding of the continued development and procurement 
of a competitive propulsion system for the F-35 Lightning 
II. 
‘‘(b) FUTURE-YEARS DEFENSE PROGRAM.—In each 
future-years defense program submitted to Congress under 
section 221 of this title, the Secretary of Defense shall ensure 
that the estimated expenditures and proposed appropria-
tions for the F-35 Lighting II, for each fiscal year of the 
period covered by that program, include sufficient amounts 
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for the full funding of the continued development and pro-
curement of a competitive propulsion system for the F-35 
Lightning II. 
‘‘(c) REQUIREMENT
TO
OBLIGATE
AND
EXPEND 
FUNDS.—Of the amounts authorized to be appropriated for 
fiscal year 2010 or any year thereafter, for research, devel-
opment, test, and evaluation and procurement for the F- 
35 Lightning II Program, the Secretary of Defense shall 
ensure the obligation and expenditure in each such fiscal 
year of sufficient annual amounts for the continued develop-
ment and procurement of two options for the propulsion 
system for the F-35 Lightning II in order to ensure the de-
velopment and competitive production for the propulsion 
system for the F-35 Lightning II.’’. 
(b) CLERICAL AMENDMENT.—The table of sections at 
the beginning of such chapter is amended by at the end the 
following new item: 
‘‘235. Budget for competitive propulsion system for F-35 Lightning II.’’. 
(c) CONFORMING REPEAL.—The National Defense Au-
thorization Act for Fiscal Year 2008 (Public Law 110-181) 
is amended by striking section 213. 
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SEC. 243. ESTABLISHMENT OF PROGRAM TO ENHANCE PAR-
TICIPATION OF HISTORICALLY BLACK COL-
LEGES AND UNIVERSITIES AND MINORITY- 
SERVING INSTITUTIONS IN DEFENSE RE-
SEARCH PROGRAMS. 
(a) PROGRAM ESTABLISHED.—Chapter 139 of title 10, 
United States Code, is amended by inserting after section 
2361 the following new section: 
‘‘§ 2362. Research and educational programs and ac-
tivities: historically black colleges and 
universities and minority-serving institu-
tions of higher education 
‘‘(a) PROGRAM ESTABLISHED.—The Secretary of De-
fense, acting through the Director of Defense Research and 
Engineering and the Secretary of each military depart-
ment, shall carry out a program to provide assistance to 
covered educational institutions to assist the Department 
in defense-related research, development, testing, and eval-
uation within the science, technology, engineering, and 
mathematics fields. 
‘‘(b) PROGRAM OBJECTIVE.—The objective of the pro-
gram established under subsection (a) is to enhance science, 
technology, mathematics, and engineering research and edu-
cation at covered educational institutions. Such objective 
shall be accomplished through initiatives designed to— 
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critical to the national security functions of the De-
partment of Defense. 
‘‘(9) Encouraging the establishment of a pro-
gram or programs creating partnerships between such 
institutions and other institutions of higher education 
that have experience in conducting research, develop-
ment, testing, or evaluation programs with the De-
partment of Defense for the purpose of involving fac-
ulty and students in scientific research critical to the 
national security functions of the Department of De-
fense. 
‘‘(10) Other such non-monetary assistance in 
support of defense research as the Secretary finds ap-
propriate to enhance science, mathematics, or engi-
neering programs at such institutions, which may be 
provided directly through the Department of Defense 
or through contracts or other agreements entered into 
by the Secretary with private-sector entities that have 
experience and expertise in the development and de-
livery of technical assistance services to such institu-
tions. 
‘‘(d) DEFINITION OF COVERED EDUCATIONAL INSTITU-
TION.—In this section the term ‘covered educational institu-
tion’ means an institution of higher education eligible for 
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assistance under title III or V of the Higher Education Act 
of 1965 (20 U.S.C. 1051 et seq.).’’. 
(b) CLERICAL AMENDMENT.—The table of sections at 
the beginning of such chapter is amended by inserting after 
the item relating to section 2361 the following new item: 
‘‘2362. Research and educational programs and activities: historically black col-
leges and universities and minority-serving institutions of higher 
education.’’. 
SEC. 244. EXTENSION OF AUTHORITY TO AWARD PRIZES 
FOR 
ADVANCED 
TECHNOLOGY 
ACHIEVE-
MENTS. 
Subsection (f) of section 2374a of title 10, United 
States Code, is amended by striking ‘‘September 30, 2010’’ 
and inserting ‘‘September 30, 2013’’. 
SEC. 245. EXECUTIVE AGENT FOR ADVANCED ENERGETICS. 
(a) EXECUTIVE AGENT.—Not later than 90 days after 
the date of the enactment of this Act, the Secretary of De-
fense shall designate a senior official of the Department of 
Defense to act as the executive agent for advanced 
energetics. 
(b) ROLES, RESPONSIBILITIES, AND AUTHORITIES.— 
(1) ESTABLISHMENT.—Not later than one year 
after the date of the enactment of this Act, and in ac-
cordance with Directive 5101.1, the Secretary of De-
fense shall prescribe the roles, responsibilities, and au-
thorities of the executive agent designated under sub-
section (a). 
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(2) SPECIFICATION.—The roles and responsibil-
ities of the executive agent designated under sub-
section (a) shall include each of the following: 
(A) Assessment of the current state of, and 
advances in, research, development, and manu-
facturing technology of energetic materials in 
both foreign countries and the United States. 
(B) Development of strategies to address 
matters identified as a result of the assessment 
described in subparagraph (A). 
(C) Development of recommended funding 
strategies to retain sufficient explosive domestic 
production capacity, continue the development of 
innovative munitions, and recruit the next gen-
eration of scientists and engineers of advanced 
energetics. 
(D) Recommending changes to strengthen 
the energetic capabilities of the Department of 
Defense. 
(E) Such other roles and responsibilities as 
the Secretary of Defense considers appropriate. 
(c) SUPPORT WITHIN DEPARTMENT OF DEFENSE.— 
In accordance with Directive 5101.1, the Secretary of De-
fense shall ensure that the military departments, Defense 
Agencies, and other components of the Department of De-
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fense provide the executive agent designated under sub-
section (a) with the appropriate support and resources 
needed to perform the roles, responsibilities, and authorities 
of the executive agent. 
(d) DEFINITIONS.—In this section: 
(1) The term ‘‘Directive 5101.1’’ means Depart-
ment of Defense Directive 5101.1, dated September 3, 
2002, or any successor directive relating to the re-
sponsibilities of an executive agent of the Department 
of Defense. 
(2) The term ‘‘executive agent’’ had the meaning 
given the term ‘‘DoD Executive Agent’’ in Directive 
5101.1. 
SEC. 246. STUDY ON THORIUM-LIQUID FUELED REACTORS 
FOR NAVAL FORCES. 
(a) STUDY REQUIRED.—The Secretary of Defense and 
the Chairman of the Joint Chiefs of Staff shall jointly carry 
out a study on the use of thorium-liquid fueled nuclear reac-
tors for naval power needs pursuant to section 1012, of the 
National Defense Authorization Act for Fiscal Year 2008 
(Public Law 110-181; 122 Stat. 303). 
(b) CONTENTS OF STUDY.—In carrying out the study 
required under subsection (a), the Secretary of Defense and 
the Chairman of the Joint Chiefs of Staff shall, with respect 
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to naval power requirements for the Navy strike and am-
phibious force— 
(1) compare and contrast thorium-liquid fueled 
reactor concept to the 2005 Quick Look, 2006 Navy 
Alternative Propulsion Study, and the navy CG(X) 
Analysis of Alternatives study; 
(2) identify the benefits to naval operations 
which thorium-liquid fueled nuclear reactors or ura-
nium reactors would provide to major surface combat-
ants compared to conventionally fueled ships, includ-
ing such benefits with respect to— 
(A) fuel cycle, from mining to waste dis-
posal; 
(B) security of fuel supply; 
(C) power needs for advanced weapons and 
sensors; 
(D) safety of operation, waste handling and 
disposal, and proliferation issues compared to 
uranium reactors; 
(E) no requirement to refuel and reduced lo-
gistics; 
(F) ship upgrades and retrofitting; 
(G) reduced manning; 
(H) global range at flank speed, greater for-
ward presence, and extended combat operations; 
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(I) power for advanced sensors and weap-
ons, including electromagnetic guns and lasers; 
(J) survivability due to increased perform-
ance and reduced signatures; 
(K) high power density propulsion; 
(L) operational tempo; 
(M) operational effectiveness; and 
(N) estimated cost-effectiveness; and 
(3) conduct a ROM cost-effectiveness comparison 
of nuclear reactors in use by the Navy as of the date 
of the enactment of this Act, thorium-liquid fueled re-
actors, and conventional fueled major surface combat-
ants, which shall include a comparison of— 
(A) security, safety, and infrastructure costs 
of fuel supplies; 
(B) nuclear proliferation issues; 
(C) reactor safety; 
(D) nuclear fuel safety, waste handling, and 
storage; 
(E) power requirements and distribution for 
sensors, weapons, and propulsion; and 
(F) capabilities to fully execute the Navy 
Maritime Strategic Concept. 
(c) REPORT.—Not later than February 1, 2011, the 
Secretary of Defense and the Chairman of the Joint Chiefs 
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of Staff shall jointly submit to the congressional defense 
committees a report on the results of the study required 
under subsection (a). 
SEC. 247. VISITING NIH SENIOR NEUROSCIENCE FELLOW-
SHIP PROGRAM. 
(a) AUTHORITY TO ESTABLISH.—The Secretary of De-
fense may establish a program to be known as the Visiting 
NIH Senior Neuroscience Fellowship Program at— 
(1) the Defense Advanced Research Projects 
Agency; and 
(2) the Defense Center of Excellence for Psycho-
logical Health and Traumatic Brain Injury. 
(b) ACTIVITIES OF THE PROGRAM.—In establishing the 
Visiting NIH Senior Neuroscience Fellowship Program 
under subsection (a), the Secretary shall require the pro-
gram to— 
(1) provide a partnership between the National 
Institutes of Health and the Defense Advanced Re-
search Projects Agency to enable identification and 
funding of the broadest range of innovative, highest 
quality clinical and experimental neuroscience studies 
for the benefit of members of the Armed Forces; 
(2) provide a partnership between the National 
Institutes of Health and the Defense Center of Excel-
lence for Psychological Health and Traumatic Brain 
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Injury that will enable identification and funding of 
clinical and experimental neuroscience studies for the 
benefit of members of the Armed Forces; 
(3) use the results of the studies described in 
paragraph (1) and (2) to enhance the mission of the 
National Institutes of Health for the benefit of the 
public; and 
(4) provide a military and civilian collaborative 
environment for neuroscience-based medical problem- 
solving in critical areas affecting both military and 
civilian life, particularly post-traumatic stress dis-
order. 
(c) PERIOD OF FELLOWSHIP.—The period of any fel-
lowship under the Program shall not last more than 2 years 
and shall not continue unless agreed upon by the parties 
concerned. 
TITLE III—OPERATION AND 
MAINTENANCE 
Subtitle A—Authorization of Appropriations 
Sec. 301. Operation and maintenance funding. 
Subtitle B—Environmental Provisions 
Sec. 311. Clarification of requirement for use of available funds for Department 
of Defense participation in conservation banking programs. 
Sec. 312. Reauthorization of title I of Sikes Act. 
Sec. 313. Authority of Secretary of a military department to enter into inter-
agency agreements for land management on Department of De-
fense installations. 
Sec. 314. Reauthorization of pilot program for invasive species management for 
military installations in Guam. 
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Sec. 315. Reimbursement of Environmental Protection Agency for certain costs in 
connection with the Former Nansemond Ordnance Depot Site, 
Suffolk, Virginia. 
Subtitle C—Workplace and Depot Issues 
Sec. 321. Public-private competition required before conversion of any Depart-
ment of Defense function performed by civilian employees to con-
tractor performance. 
Sec. 322. Time limitation on duration of public-private competitions. 
Sec. 323. Inclusion of installation of major modifications in definition of depot- 
level maintenance and repair. 
Sec. 324. Modification of authority for Army industrial facilities to engage in co-
operative activities with non-Army entities. 
Sec. 325. Cost-benefit analysis of alternatives for performance of planned mainte-
nance interval events and concurrent modifications performed on 
the AV-8B Harrier weapons system. 
Sec. 326. Termination of certain public-private competitions for conversion of De-
partment of Defense functions to performance by a contractor. 
Sec. 327. Temporary suspension of public-private competitions for conversion of 
Department of Defense functions to performance by a contractor. 
Sec. 328. Requirement for debriefings related to conversion of functions from per-
formance by Federal employees to performance by a contractor. 
Sec. 329. Amendments to bid protest procedures by Federal employees and agency 
officials in conversions of functions from performance by Federal 
employees to performance by a contractor. 
Subtitle D—Energy Security 
Sec. 331. Authorization of appropriations for Director of Operational Energy. 
Sec. 332. Report on implementation of Comptroller General recommendations on 
fuel demand management at forward-deployed locations. 
Sec. 333. Consideration of renewable fuels. 
Sec. 334. Department of Defense goal regarding procurement of renewable avia-
tion fuels. 
Subtitle E—Reports 
Sec. 341. Annual report on procurement of military working dogs. 
Subtitle F—Other Matters 
Sec. 351. Authority for airlift transportation at Department of Defense rates for 
non-Department of Defense Federal cargoes. 
Sec. 352. Requirements for standard ground combat uniform. 
Sec. 353. Restriction on use of funds for counterthreat finance efforts. 
Sec. 354. Limitation on obligation of funds pending submission of classified jus-
tification material. 
Sec. 355. Condition-based maintenance demonstration programs. 
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Subtitle A—Authorization of 
Appropriations 
SEC. 301. OPERATION AND MAINTENANCE FUNDING. 
Funds are hereby authorized to be appropriated for fis-
cal year 2010 for the use of the Armed Forces and other 
activities and agencies of the Department of Defense for ex-
penses, not otherwise provided for, for operation and main-
tenance, in amounts as follows: 
(1) For the Army, $31,398,432,000. 
(2) For the Navy, $35,330,997,000. 
(3) For the Marine Corps, $5,570,823,000. 
(4) For the Air Force, $34,451,654,000. 
(5) For Defense-wide activities, $29,016,532,000. 
(6) For the Army Reserve, $2,572,196,000. 
(7) For the Naval Reserve, $1,292,501,000. 
(8) For the Marine Corps Reserve, $228,925,000. 
(9) For the Air Force Reserve, $3,088,528,000. 
(10) 
For 
the 
Army 
National 
Guard, 
$6,268,884,000. 
(11) 
For 
the 
Air 
National 
Guard, 
$5,919,461,000. 
(12) For the United States Court of Appeals for 
the Armed Forces, $13,932,000. 
(13) For the Acquisition Development Workforce 
Fund, $100,000,000. 
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(14) For Environmental Restoration, Army, 
$415,864,000. 
(15) For Environmental Restoration, Navy, 
$285,869,000. 
(16) For Environmental Restoration, Air Force, 
$494,276,000. 
(17) For Environmental Restoration, Defense- 
wide, $11,100,000. 
(18) For Environmental Restoration, Formerly 
Used Defense Sites, $267,700,000. 
(19) For Overseas Humanitarian, Disaster, and 
Civic Aid programs, $109,869,000. 
(20) For Cooperative Threat Reduction pro-
grams, $434,093,000. 
(21) For the Overseas Contingency Operations 
Transfer Fund, $5,000,000. 
Subtitle B—Environmental 
Provisions 
SEC. 311. CLARIFICATION OF REQUIREMENT FOR USE OF 
AVAILABLE FUNDS FOR DEPARTMENT OF DE-
FENSE PARTICIPATION IN CONSERVATION 
BANKING PROGRAMS. 
Section 2694c of title 10, United States Code, is 
amended— 
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(1) in subsection (a), by striking ‘‘to carry out 
this section’’; 
(2) by redesignating subsection (d) as subsection 
(e); and 
(3) by inserting after subsection (c) the following 
new subsection (d): 
‘‘(d) SOURCE OF FUNDS.—(1) Amounts described in 
paragraph (2) shall be available for activities under this 
section. 
‘‘(2) Amounts described in this paragraph are 
amounts available for any of the following: 
‘‘(A) Operation and maintenance. 
‘‘(B) Military construction. 
‘‘(C) Research, development, test, and evaluation. 
‘‘(D) The Support for United States Relocation 
to Guam Account established under section 2824 of 
the Duncan Hunter National Defense Authorization 
Act for Fiscal Year 2009 (Public Law 110-417; 122 
Stat. 4730; 10 U.S.C. 2687 note).’’. 
SEC. 312. REAUTHORIZATION OF TITLE I OF SIKES ACT. 
(a) REAUTHORIZATION.—Section 108 of the Sikes Act 
(16 U.S.C. 670f) is amended by striking ‘‘fiscal years 2004 
through 2008’’ each place it appears and inserting ‘‘fiscal 
years 2010 through 2015’’. 
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(b) CLARIFICATION OF AUTHORIZATIONS.—Such sec-
tion is further amended— 
(1) in subsection (b), by striking ‘‘There are au-
thorized’’ and inserting ‘‘Of the amounts authorized 
to be appropriated to the Department of Defense, 
there are authorized’’; and 
(2) in subsection (c), by striking ‘‘There are au-
thorized’’ and inserting ‘‘Of the amounts authorized 
to be appropriated to the Department of the Interior, 
there are authorized’’. 
SEC. 313. AUTHORITY OF SECRETARY OF A MILITARY DE-
PARTMENT TO ENTER INTO INTERAGENCY 
AGREEMENTS FOR LAND MANAGEMENT ON 
DEPARTMENT OF DEFENSE INSTALLATIONS. 
(a) AUTHORITY.—Section 103 of the Sikes Act (16 
U.S.C. 670c-1) is amended— 
(1) in subsection (a)— 
(A) by inserting after ‘‘and individuals’’ the 
following: ‘‘, and into interagency agreements 
with the heads of other Federal departments and 
agencies,’’; and 
(B) in paragraph (2), by inserting ‘‘or 
interagency agreement’’ after ‘‘cooperative agree-
ment’’; 
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(2) in subsection (b), by inserting ‘‘or inter-
agency agreement’’ after ‘‘cooperative agreement’’; 
and 
(3) in subsection (c), by inserting ‘‘and inter-
agency agreements’’ after ‘‘cooperative agreements’’ 
the first place it appears. 
(b) CLERICAL AMENDMENTS.—The heading for such 
section is amended by inserting ‘‘AND INTERAGENCY’’ 
after ‘‘COOPERATIVE’’and the table of contents for such 
Act is conformed accordingly. 
SEC. 314. REAUTHORIZATION OF PILOT PROGRAM FOR 
INVASIVE SPECIES MANAGEMENT FOR MILI-
TARY INSTALLATIONS IN GUAM. 
Section 101(g)(1) of the Sikes Act (16 U.S.C. 
670a(g)(1)) is amended by striking ‘‘fiscal years 2004 
through 2008’’ and inserting ‘‘fiscal years 2010 through 
2015’’. 
SEC. 315. REIMBURSEMENT OF ENVIRONMENTAL PROTEC-
TION AGENCY FOR CERTAIN COSTS IN CON-
NECTION WITH THE FORMER NANSEMOND 
ORDNANCE DEPOT SITE, SUFFOLK, VIRGINIA. 
(a) AUTHORITY TO REIMBURSE.— 
(1) TRANSFER AMOUNT.—Using funds described 
in subsection (b) and notwithstanding section 2215 of 
title 10, United States Code, the Secretary of Defense 
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may transfer not more than $68,623 during fiscal 
year 2010 to the Former Nansemond Ordnance Depot 
Site Special Account, within the Hazardous Sub-
stance Superfund. 
(2) PURPOSE
OF
REIMBURSEMENT.—The pay-
ment under paragraph (1) is final payment to reim-
burse the Environmental Protection Agency for all 
costs incurred in overseeing a time critical removal 
action performed by the Department of Defense under 
the Defense Environmental Restoration Program for 
ordnance and explosive safety hazards at the Former 
Nansemond Ordnance Depot Site, Suffolk, Virginia. 
(3) INTERAGENCY AGREEMENT.—The reimburse-
ment described in paragraph (2) is provided for in an 
interagency agreement entered into by the Depart-
ment of the Army and the Environmental Protection 
Agency for the Former Nansemond Ordnance Depot 
Site in December 1999. 
(b) SOURCE OF FUNDS.—Any payment under sub-
section (a) shall be made using funds authorized to be ap-
propriated by section 301(17) of this Act for operation and 
maintenance for Environmental Restoration, Formerly 
Used Defense Sites. 
(c) USE OF FUNDS.—The Environmental Protection 
Agency shall use the amount transferred under subsection 
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(a) to pay costs incurred by the agency at the Former 
Nansemond Ordnance Depot Site. 
Subtitle C—Workplace and Depot 
Issues 
SEC. 321. PUBLIC-PRIVATE COMPETITION REQUIRED BE-
FORE CONVERSION OF ANY DEPARTMENT OF 
DEFENSE FUNCTION PERFORMED BY CIVIL-
IAN EMPLOYEES TO CONTRACTOR PERFORM-
ANCE. 
(a) REQUIREMENT.—Section 2461(a)(1) of title 10, 
United States Code, is amended— 
(1) by striking ‘‘A function’’ and inserting ‘‘No 
function’’; 
(2) by striking ‘‘10 or more’’; and 
(3) by striking ‘‘may not be converted’’ and in-
serting ‘‘may be converted’’. 
(b) EFFECTIVE DATE.—The amendments made by sub-
section (a) shall apply with respect to a function for which 
a public-private competition is commenced on or after the 
date of the enactment of this Act. 
SEC. 322. TIME LIMITATION ON DURATION OF PUBLIC-PRI-
VATE COMPETITIONS. 
(a) TIME LIMITATION.—Section 2461(a) of title 10, 
United States Code, is amended by adding at the end the 
following new paragraph: 
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‘‘(5)(A) The duration of a public-private competition 
conducted pursuant to Office of Management and Budget 
Circular A–76 or any other provision of law for any func-
tion of the Department of Defense performed by Department 
of Defense civilian employees may not exceed a period of 
540 days, commencing on the date on which the prelimi-
nary planning for the public-private competition begins 
through the date on which a performance decision is ren-
dered with respect to the function. 
‘‘(B) The time period specified in subparagraph (A) 
for a public-private competition does not include any day 
during which the public-private competition is delayed by 
reason of a protest before the Government Accountability 
Office or the United States Court of Federal Claims unless 
the Secretary of Defense determines that the delay is caused 
by issues being raised during the appellate process that were 
not previously raised during the competition. 
‘‘(C) In this paragraph, the term ‘preliminary plan-
ning’ with respect to a public-private competition means 
any action taken to carry out any of the following activi-
ties: 
‘‘(i) Determining the scope of the competition. 
‘‘(ii) Conducting research to determine the ap-
propriate grouping of functions for the competition. 
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‘‘(iii) Assessing the availability of workload 
data, quantifiable outputs of functions, and agency or 
industry performance standards applicable to the 
competition. 
‘‘(iv) Determining the baseline cost of any func-
tion for which the competition is conducted.’’. 
(b) EFFECTIVE DATE.—Paragraph (5) of section 
2461(a) of title 10, United States Code, as added by sub-
section (a), shall apply with respect to a public-private 
competition covered by such section that is being conducted 
on or after the date of the enactment of this Act. 
SEC. 323. INCLUSION OF INSTALLATION OF MAJOR MODI-
FICATIONS IN DEFINITION OF DEPOT-LEVEL 
MAINTENANCE AND REPAIR. 
Section 2460 of title 10, United States Code, is amend-
ed in the second sentence— 
(1) by striking ‘‘and’’ before ‘‘(2)’’; and 
(2) by inserting before the period at the end the 
following: ‘‘, and (3) the installation of major modi-
fications, including performance or safety modifica-
tions’’. 
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SEC. 324. MODIFICATION OF AUTHORITY FOR ARMY INDUS-
TRIAL FACILITIES TO ENGAGE IN COOPERA-
TIVE ACTIVITIES WITH NON-ARMY ENTITIES. 
The second sentence of section 4544(a) of title 10, 
United States Code, is amended by inserting before the pe-
riod at the end the following: ‘‘in addition to the contracts 
and cooperative agreements in effect as of the date of the 
enactment of the National Defense Authorization Act for 
Fiscal Year 2008 (Public Law 110-181)’’. 
SEC. 325. COST-BENEFIT ANALYSIS OF ALTERNATIVES FOR 
PERFORMANCE OF PLANNED MAINTENANCE 
INTERVAL EVENTS AND CONCURRENT MODI-
FICATIONS PERFORMED ON THE AV-8B HAR-
RIER WEAPONS SYSTEM. 
(a) COST-BENEFIT ANALYSIS REQUIRED.—The Sec-
retary of the Navy, in consultation with the Commandant 
of the Marine Corps, shall carry out a thorough economic 
analysis of the costs and benefits associated with each alter-
native the Secretary is considering for the performance of 
planned maintenance interval events and concurrent or 
stand alone modifications performed on the AV-8B Harrier 
weapons system. Such analysis shall be performed in ac-
cordance with Department of Defense Instruction 7043.1, 
entitled ‘‘Economic Analysis for Decisionmaking’’, and Of-
fice of Management and Budget Circular A-94, entitled 
‘‘Guidelines and Discount Rates for Benefit-Cost Analysis 
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of Federal Programs’’ and dated October 29, 1992, and, for 
each such alternative, shall include an assessment of the fol-
lowing: 
(1) The effect of the loss of workload on organic 
depot labor rates associated with each alternative. 
(2) The effect on the depot net operating result 
for each such alternative. 
(3) The effect on long-term sustainment of depot- 
level capabilities for future support of core workload 
throughout the life cycle of the AV8B Harrier weap-
ons system. 
(4) The risk to readiness, the aviation safety 
risk, and the enterprise-wide financial risk associated 
with each such alternative. 
(b) REPORT REQUIRED.—Not later than 180 days 
after the date of the enactment of this Act, the Secretary 
of the Navy shall submit to the congressional defense com-
mittees a report on the cost-benefit analysis required in sub-
section (a). The report shall include each of the following: 
(1) The criteria and rationale used to classify 
work as organization-level maintenance or depot-level 
maintenance. 
(2) An explanation of the core logistics capabili-
ties and associated workload requirements for the AV- 
8B weapons system, including an explanation of how 
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such requirements were determined and rationale for 
classifying the planned maintenance interval events 
and concurrent or stand alone modifications on the 
AV-8B as above core workload. 
(3) An assessment of the effects of proposed work-
load transfer on the Department of the Navy’s divi-
sion of depot maintenance funding between public 
and private sectors in accordance with section 
2466(a) of title 10, United States Code. 
(c) PROHIBITION ON CONTRACTING ACTIVITIES.—The 
Secretary of the Navy may not enter into a contract for 
the performance of planned maintenance interval events or 
associated depot-level maintenance activities, including 
concurrent or stand alone modifications, by non-Federal 
Government personnel until 90 days after the date on which 
the Secretary completes the assessment required under sub-
section (a) and submits the report required under subsection 
(b). 
SEC. 326. TERMINATION OF CERTAIN PUBLIC-PRIVATE COM-
PETITIONS FOR CONVERSION OF DEPART-
MENT OF DEFENSE FUNCTIONS TO PERFORM-
ANCE BY A CONTRACTOR. 
(a) TEMPORARY SUSPENSION
OF PENDING STUD-
IES.—The Secretary of Defense shall halt all pending pub-
lic-private competitions being conducted pursuant to sec-
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100 
tion 2461 of title 10, United States Code, or Office of Man-
agement and Budget Circular A-76 that had not resulted 
in conversion to performance to a contractor as of March 
26, 2009, until such time as the Secretary may review such 
competitions. 
(b) REVIEW AND APPROVAL PROCESS.— 
(1) REVIEW
REQUIRED.—Before recommencing 
any pending study for a public-private competition 
halted under subsection (a), the Secretary of Defense 
shall review all the studies halted by reason of that 
subsection and take the following actions with respect 
to each such study: 
(A) Describe the methodology and data 
sources along with outside resources to gather 
and analyze information necessary to estimate 
cost savings. 
(B) Certify that the estimated savings are 
still achievable. 
(C) Document the rationale for rejecting an 
individual command’s request to cancel, defer, or 
reduce the scope of a decision to conduct the 
study. 
(D) Consider alternatives to the study that 
would provide savings and improve performance 
such as internal reorganizations. 
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101 
(E) Include any other relevant information 
to justify recommencement of the study. 
(2) TERMINATION
OF
CERTAIN
STUDIES.—The 
Secretary of Defense shall terminate any study for a 
public-private competition that has been conducted 
for longer than 18 months (beginning with prelimi-
nary planning and ending with the exhaustion of 
General Accountability Office protests), or submit to 
Congress a written justification for continuing of the 
study. 
(c) CONGRESSIONAL NOTIFICATION.—The Secretary of 
Defense may not recommence a study halted pursuant to 
subsection (a) until the Secretary submits to Congress a re-
port describing the actions taken by the Secretary under 
paragraphs (1) and (2) of subsection (b). 
SEC. 327. TEMPORARY SUSPENSION OF PUBLIC-PRIVATE 
COMPETITIONS FOR CONVERSION OF DE-
PARTMENT OF DEFENSE FUNCTIONS TO PER-
FORMANCE BY A CONTRACTOR. 
During the period beginning on the date of the enact-
ment of this Act and ending on September 30, 2012, no 
study or competition regarding the conversion to perform-
ance by a contractor of any Department of Defense function 
may be begun or announced pursuant to 2461 of title 10, 
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102 
United States Code, or otherwise pursuant to Office of Man-
agement and Budget Circular A-76. 
SEC. 328. REQUIREMENT FOR DEBRIEFINGS RELATED TO 
CONVERSION 
OF 
FUNCTIONS 
FROM 
PER-
FORMANCE BY FEDERAL EMPLOYEES TO PER-
FORMANCE BY A CONTRACTOR. 
The Administrator for Federal Procurement Policy 
shall revise the Federal Acquisition Regulation to allow for 
pre-award and post-award debriefings of Federal employee 
representatives in the case of a conversion of any function 
from performance by Federal employees to performance by 
a contractor. Such debriefings will conform to the require-
ments of section 2305(b)(6)(A) of title 10, United States 
Code, section 303B(f) of the Federal Property and Adminis-
trative Services Act of 1949 (41 U.S.C. 253b(f)), and sub-
parts 15.505 and 15.506 (as in effect on the date of the 
enactment of this Act ) of the Federal Acquisition Regula-
tion. 
SEC. 329. AMENDMENTS TO BID PROTEST PROCEDURES BY 
FEDERAL EMPLOYEES AND AGENCY OFFI-
CIALS IN CONVERSIONS OF FUNCTIONS FROM 
PERFORMANCE BY FEDERAL EMPLOYEES TO 
PERFORMANCE BY A CONTRACTOR. 
(a) PROTEST JURISDICTION OF THE COMPTROLLER 
GENERAL.—Section 3551(1) of title 31, United States Code, 
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103 
is amended by adding at the end the following new subpara-
graph: 
‘‘(E) Conversion of a function that is being 
performed by Federal employees to private sector 
performance.’’. 
(b) ELIGIBILITY TO PROTEST PUBLIC-PRIVATE COM-
PETITIONS.—Clause (i) of paragraph (2)(B) of section 3551 
of title 31, United States Code, is amended to read as fol-
lows: 
‘‘(i) any official who is responsible for 
submitting the agency tender in such com-
petition; and’’. 
(c) PREJUDICE TO FEDERAL EMPLOYEES.— 
(1) IN
GENERAL.—Section 3557 of title 31, 
United States Code, is amended— 
(A) by inserting ‘‘(A) EXPEDITED
AC-
TION.—’’ before ‘‘For any protest’’; and 
(B) by adding at the end the following new 
subsection: 
‘‘(b) INJURY TO FEDERAL EMPLOYEES.—In the case 
of a protest filed by an interested party described in sub-
paragraph (B) of section 3551(2) of this title, a showing 
that a Federal employee has been displaced from performing 
a function or part thereof, and that function is being per-
formed by the private sector, is sufficient evidence that a 
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104 
conversion has occurred resulting in concrete injury and 
prejudice to the Federal employee as a consequence of agen-
cy action.’’. 
(2) CONFORMING AND CLERICAL AMENDMENTS.— 
(A) The heading of section 3557 of such title 
is amended to read as follows: 
‘‘§ 3557. Protests of public-private competitions’’. 
(B) The item relating to section 3557 in the 
table of sections at the beginning of chapter 35 
of such title is amended to read as follows: 
‘‘3557. Protests of public-private competitions.’’. 
(d) DECISIONS
ON PROTESTS.—Section 3554(b) of 
title 31, United States Code, is amended— 
(1) by redesignating subparagraphs (F) and (G) 
as subparagraphs (G) and (H), respectively; 
(2) by inserting after subparagraph (E) the fol-
lowing new subparagraph (F): 
‘‘(F) cancel the solicitation issued pursuant 
to the public-private competition conducted 
under Office of Management and Budget Cir-
cular A-76 or any successor circular;’’; and 
(3) in subparagraph (G), as redesignated by 
paragraph (1), by striking ‘‘, and (E)’’ an inserting 
‘‘, (E), and (G)’’. 
(e) APPLICABILITY.—The amendments made by this 
section shall apply— 
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105 
(1) to any protest or civil action that relates to 
a public-private competition conducted after the date 
of the enactment of this Act under Office of Manage-
ment and Budget Circular A-76, or any successor cir-
cular; or 
(2) to a decision made after the date of the en-
actment of this Act to convert a function performed 
by Federal employees to private sector performance 
without a competition under Office of Management 
and Budget Circular A-76. 
Subtitle D—Energy Security 
SEC. 331. AUTHORIZATION OF APPROPRIATIONS FOR DI-
RECTOR OF OPERATIONAL ENERGY. 
Of the amounts authorized to be appropriated for Op-
eration and Maintenance, Defense-wide, $5,000,000 is for 
the Director of Operational Energy Plans and Programs 
to carry out the duties prescribed for the Director under 
section 139b of title 10, United States Code, to be made 
available upon the confirmation of an individual to serve 
as the Director of Operational Energy Plans and Programs. 
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