National Defense Authorization Act for Fiscal Year 2010
PL 111-84 (H.R.2647), enacted 10/28/2009

123 STAT. 2190 
PUBLIC LAW 111–84—OCT. 28, 2009 
Public Law 111–84 
111th Congress 
An Act 
To authorize appropriations for fiscal year 2010 for military activities of the 
Department of Defense, for military construction, and for defense activities of 
the Department of Energy, to prescribe military personnel strengths for such 
fiscal year, and for other purposes. 
Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘National Defense Authorization 
Act for Fiscal Year 2010’’. 
SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF CONTENTS. 
(a) DIVISIONS.—This Act is organized into five divisions as 
follows: 
(1) Division A—Department of Defense Authorizations. 
(2) Division B—Military Construction Authorizations. 
(3) Division C—Department of Energy National Security 
Authorizations and Other Authorizations. 
(4) Division D—Funding tables. 
(5) Division E—Matthew Shepard and James Byrd, Jr. 
Hate Crimes Prevention Act 
(b) TABLE OF CONTENTS.—The table of contents for this Act 
is as follows: 
Sec. 1. Short title. 
Sec. 2. Organization of Act into divisions; table of contents. 
Sec. 3. Congressional defense committees. 
DIVISION A—DEPARTMENT OF DEFENSE AUTHORIZATIONS 
TITLE I—PROCUREMENT 
Subtitle A—Authorization of Appropriations 
Sec. 101. Army. 
Sec. 102. Navy and Marine Corps. 
Sec. 103. Air Force. 
Sec. 104. Defense-wide activities. 
Sec. 105. National Guard and Reserve equipment. 
Sec. 106. Mine Resistant Ambush Protected Vehicle Fund. 
Sec. 107. Relation to funding table. 
Subtitle B—Army Programs 
Sec. 111. Procurement of Future Combat Systems spin out early-infantry brigade 
combat team equipment. 
Subtitle C—Navy Programs 
Sec. 121. Littoral Combat Ship program. 
Sec. 122. Treatment of Littoral Combat Ship program as a major defense acquisi-
tion program. 
Sec. 123. Report on strategic plan for homeporting the Littoral Combat Ship. 
National Defense 
Authorization 
Act for Fiscal 
Year 2010. 
Oct. 28, 2009 
[H.R. 2647] 
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123 STAT. 2191 
PUBLIC LAW 111–84—OCT. 28, 2009 
Sec. 124. Advance procurement funding. 
Sec. 125. Procurement programs for future naval surface combatants. 
Sec. 126. Ford-class aircraft carrier report. 
Sec. 127. Report on a service life extension program for Oliver Hazard Perry class 
frigates. 
Sec. 128. Conditional multiyear procurement authority for F/A–18E, F/A–18F, or 
EA–18G aircraft. 
Subtitle D—Air Force Programs 
Sec. 131. Report on the procurement of 4.5 generation fighter aircraft. 
Sec. 132. Revised availability of certain funds available for the F–22A fighter air-
craft. 
Sec. 133. Preservation and storage of unique tooling for F–22 fighter aircraft. 
Sec. 134. AC–130 gunships. 
Sec. 135. Report on E–8C Joint Surveillance and Target Attack Radar System re- 
engining. 
Sec. 136. Repeal of requirement to maintain certain retired C–130E aircraft. 
Sec. 137. Limitation on retirement of C–5 aircraft. 
Sec. 138. Reports on strategic airlift aircraft. 
Sec. 139. Strategic airlift force structure. 
Subtitle E—Joint and Multiservice Matters 
Sec. 141. Body armor procurement. 
Sec. 142. Unmanned cargo-carrying-capable aerial vehicles. 
Sec. 143. Modification of nature of data link for use by tactical unmanned aerial 
vehicles. 
TITLE II—RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 
Subtitle A—Authorization of Appropriations 
Sec. 201. Authorization of appropriations. 
Sec. 202. Relation to funding table. 
Subtitle B—Program Requirements, Restrictions, and Limitations 
Sec. 211. Extension and enhancement of Global Research Watch Program. 
Sec. 212. Permanent authority for the Joint Defense Manufacturing Technology 
Panel. 
Sec. 213. Elimination of report requirements regarding Defense Science and Tech-
nology Program. 
Sec. 214. Authorization for the Secretary of the Navy to purchase infrastructure 
and Government purpose rights license associated with the Navy-Ma-
rine Corps intranet. 
Sec. 215. Limitation on expenditure of funds for Joint Multi-Mission Submersible 
program. 
Sec. 216. Separate program elements required for research and development of in-
dividual body armor and associated components. 
Sec. 217. Separate procurement and research, development, test, and evaluation 
line items and program elements for the F-35B and F-35C joint strike 
fighter aircraft. 
Sec. 218. Restriction on obligation of funds for Army tactical ground network pro-
gram pending receipt of report. 
Sec. 219. Programs for ground combat vehicle and self-propelled howitzer capabili-
ties for the Army. 
Sec. 220. Guidance on budget justification materials describing funding requested 
for operation, sustainment, modernization, and personnel of major 
ranges and test facilities. 
Sec. 221. Assessment of technological maturity and integration risk of Army mod-
ernization programs. 
Sec. 222. Assessment of activities for technology modernization of the combat vehi-
cle and armored tactical wheeled vehicle fleets. 
Subtitle C—Missile Defense Programs 
Sec. 231. Sense of Congress on ballistic missile defense. 
Sec. 232. Assessment and plan for the Ground-based Midcourse Defense element of 
the Ballistic Missile Defense System. 
Sec. 233. Continued production of Ground-based Interceptor missile and operation 
of Missile Field 1 at Fort Greely, Alaska. 
Sec. 234. Limitation on availability of funds for acquisition or deployment of missile 
defenses in Europe. 
Sec. 235. Authorization of funds for development and deployment of alternative 
missile defense systems in Europe. 
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123 STAT. 2192 
PUBLIC LAW 111–84—OCT. 28, 2009 
Sec. 236. Comprehensive plan for test and evaluation of the ballistic missile de-
fense system. 
Sec. 237. Study on discrimination capabilities of ballistic missile defense system. 
Sec. 238. Ascent phase missile defense strategy and plan. 
Sec. 239. Extension of deadline for study on boost-phase missile defense. 
Subtitle D—Reports 
Sec. 241. Repeal of requirement for biennial joint warfighting science and tech-
nology plan. 
Sec. 242. Modification of reporting requirement for defense nanotechnology re-
search and development program. 
Sec. 243. Comptroller General assessment of coordination of energy storage device 
requirements, purchases, and investments. 
Sec. 244. Annual Comptroller General report on the F–35 Lightning II aircraft ac-
quisition program. 
Sec. 245. Report on integration of Department of Defense intelligence, surveillance, 
and reconnaissance capabilities. 
Sec. 246. Report on future research and development of man-portable and vehicle- 
mounted guided missile systems. 
Sec. 247. Report on the development of command and control systems. 
Sec. 248. Evaluation of Extended Range Modular Sniper Rifle Systems. 
Subtitle E—Other Matters 
Sec. 251. Enhancement of duties of Director of Department of Defense Test Re-
source Management Center with respect to the Major Range and Test 
Facility Base. 
Sec. 252. Establishment of program to enhance participation of historically black 
colleges and universities and minority-serving institutions in defense re-
search programs. 
Sec. 253. Extension of authority to award prizes for advanced technology achieve-
ments. 
Sec. 254. Authority for National Aeronautics and Space Administration federally 
funded research and development centers to participate in merit-based 
technology research and development programs. 
Sec. 255. Next generation bomber aircraft. 
TITLE III—OPERATION AND MAINTENANCE 
Subtitle A—Authorization of Appropriations 
Sec. 301. Operation and maintenance funding. 
Sec. 302. Relation to funding table. 
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 interagency 
agreements for land management on Department of Defense installa-
tions. 
Sec. 314. Reauthorization of pilot program for invasive species management for 
military installations in Guam. 
Sec. 315. Reimbursement of Environmental Protection Agency for certain costs in 
connection with the Former Nansemond Ordnance Depot Site, Suffolk, 
Virginia. 
Sec. 316. Procurement and use of munitions. 
Sec. 317. Prohibition on disposing of waste in open-air burn pits. 
Sec. 318. Military munitions response sites. 
Subtitle C—Workplace and Depot Issues 
Sec. 321. Public-private competition required before conversion of any Department 
of Defense function performed by civilian employees to contractor per-
formance. 
Sec. 322. Time limitation on duration of public-private competitions. 
Sec. 323. Policy regarding installation of major modifications and upgrades. 
Sec. 324. Modification of authority for Army industrial facilities to engage in coop-
erative activities with non-Army entities. 
Sec. 325. Temporary suspension of public-private competitions for conversion of De-
partment of Defense functions to performance by a contractor. 
Sec. 326. Requirement for debriefings related to conversion of functions from per-
formance by Federal employees to performance by a contractor. 
Sec. 327. Amendments to bid protest procedures by Federal employees and agency 
officials in conversions of functions from performance by Federal em-
ployees to performance by a contractor. 
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123 STAT. 2193 
PUBLIC LAW 111–84—OCT. 28, 2009 
Sec. 328. Improvement of inventory management practices. 
Sec. 329. Modification of date for submittal to Congress of annual report on funding 
for public and private performance of depot-level maintenance and re-
pair workloads. 
Subtitle D—Energy Security 
Sec. 331. Authorization of appropriations for Director of Operational Energy. 
Sec. 332. Extension and expansion of reporting requirements regarding Depart-
ment of Defense energy efficiency programs. 
Sec. 333. Report on implementation of Comptroller General recommendations on 
fuel demand management at forward-deployed locations. 
Sec. 334. Report on use of renewable fuels to meet energy requirements of Depart-
ment of Defense. 
Sec. 335. Energy security on Department of Defense installations. 
Subtitle E—Reports 
Sec. 341. Annual report on procurement of military working dogs. 
Sec. 342. Plan for managing vegetative encroachment at training ranges. 
Sec. 343. Comptroller General report on the sustainment strategy for the AV-8B 
Harrier aircraft. 
Sec. 344. Study on Army modularity. 
Subtitle F—Other Matters 
Sec. 351. Authority for airlift transportation at Department of Defense rates for 
non-Department of Defense Federal cargoes. 
Sec. 352. Policy on ground combat and camouflage utility uniforms. 
Sec. 353. Condition-based maintenance demonstration programs. 
Sec. 354. Extension of arsenal support program initiative. 
TITLE IV—MILITARY PERSONNEL AUTHORIZATIONS 
Subtitle A—Active Forces 
Sec. 401. End strengths for active forces. 
Sec. 402. Revision in permanent active duty end strength minimum levels. 
Sec. 403. Additional authority for increases of Army active-duty end strengths for 
fiscal years 2011 and 2012. 
Subtitle B—Reserve Forces 
Sec. 411. End strengths for Selected Reserve. 
Sec. 412. End strengths for Reserves on active duty in support of the Reserves. 
Sec. 413. End strengths for military technicians (dual status). 
Sec. 414. Fiscal year 2010 limitation on number of non-dual status technicians. 
Sec. 415. Maximum number of reserve personnel authorized to be on active duty 
for operational support. 
Sec. 416. Submittal of options for creation of Trainees, Transients, Holdees, and 
Students account for the Army National Guard. 
Sec. 417. Report on requirements of the National Guard for non-dual status techni-
cians. 
Sec. 418. Expansion of authority of Secretaries of the military departments to in-
crease certain end strengths to include Selected Reserve end strengths. 
Subtitle C—Authorization of Appropriations 
Sec. 421. Military personnel. 
Sec. 422. Repeal of delayed one-time shift of military retirement payments. 
TITLE V—MILITARY PERSONNEL POLICY 
Subtitle A—Officer Personnel Policy 
Sec. 501. Grade of Legal Counsel to the Chairman of the Joint Chiefs of Staff. 
Sec. 502. Modification of limitations on general and flag officers on active duty. 
Sec. 503. Revisions to annual reporting requirement on joint officer management. 
Sec. 504. Extension of temporary increase in maximum number of days leave mem-
bers may accumulate and carryover. 
Sec. 505. Computation of retirement eligibility for enlisted members of the Navy 
who complete the Seaman to Admiral (STA–21) officer candidate pro-
gram. 
Sec. 506. Independent review of judge advocate requirements of the Department of 
the Navy. 
Subtitle B—General Service Authorities 
Sec. 511. Continuation on active duty of reserve component members during phys-
ical disability evaluation following mobilization and deployment. 
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123 STAT. 2194 
PUBLIC LAW 111–84—OCT. 28, 2009 
Sec. 512. Medical examination required before administrative separation of mem-
bers diagnosed with or reasonably asserting post-traumatic stress dis-
order or traumatic brain injury. 
Sec. 513. Legal assistance for additional reserve component members. 
Sec. 514. Limitation on scheduling of mobilization or pre-mobilization training for 
Reserve units when certain suspension of training is likely. 
Sec. 515. Evaluation of test of utility of test preparation guides and education pro-
grams in improving qualifications of recruits for the Armed Forces. 
Sec. 516. Report on presence in the Armed Forces of members associated or affili-
ated with groups engaged in prohibited activities. 
Subtitle C—Education and Training 
Sec. 521. Detail of commissioned officers as students at schools of psychology. 
Sec. 522. Appointment of persons enrolled in Advanced Course of the Army Reserve 
Officers’ Training Corps at military junior colleges as cadets in Army 
Reserve or Army National Guard of the United States. 
Sec. 523. Expansion of criteria for appointment as member of the Board of Regents 
of the Uniformed Services University of the Health Sciences. 
Sec. 524. Use of Armed Forces Health Professions Scholarship and Financial As-
sistance program to increase number of health professionals with skills 
to assist in providing mental health care. 
Sec. 525. Department of Defense undergraduate nurse training program. 
Sec. 526. Increase in number of private sector civilians authorized for admission to 
National Defense University. 
Sec. 527. Appointments to military service academies from nominations made by 
Delegate from the Commonwealth of the Northern Mariana Islands. 
Sec. 528. Athletic association for the Air Force Academy. 
Sec. 529. Language training centers for members of the Armed Forces and civilian 
employees of the Department of Defense. 
Subtitle D—Defense Dependents’ Education 
Sec. 531. Continuation of authority to assist local educational agencies that benefit 
dependents of members of the Armed Forces and Department of Defense 
civilian employees. 
Sec. 532. Impact aid for children with severe disabilities. 
Sec. 533. Two-year extension of authority for assistance to local educational agen-
cies with enrollment changes due to base closures, force structure 
changes, or force relocations. 
Sec. 534. Authority to extend eligibility for enrollment in Department of Defense el-
ementary and secondary schools to certain additional categories of de-
pendents. 
Sec. 535. Permanent authority for enrollment in defense dependents’ education sys-
tem of dependents of foreign military members assigned to Supreme 
Headquarters Allied Powers, Europe. 
Sec. 536. Determination of number of weighted student units for local educational 
agencies for receipt of basic support payments under impact aid. 
Sec. 537. Study on options for educational opportunities for dependent children of 
members of the Armed Forces when public schools attended by such 
children are determined to need improvement. 
Sec. 538. Comptroller General audit of assistance to local educational agencies for 
dependent children of members of the Armed Forces. 
Sec. 539. Sense of Congress on the Interstate Compact on Educational Opportunity 
for Military Children. 
Subtitle E—Missing or Deceased Persons 
Sec. 541. Additional requirements for accounting for members of the Armed Forces 
and Department of Defense civilian employees listed as missing in con-
flicts occurring before enactment of new system for accounting for miss-
ing persons. 
Sec. 542. Policy and procedures on media access and attendance by family members 
at ceremonies for the dignified transfer of remains of members of the 
Armed Forces who die overseas. 
Sec. 543. Report on expansion of authority of a member to designate persons to di-
rect disposition of the remains of a deceased member. 
Sec. 544. Sense of Congress on the recovery of the remains of members of the 
Armed Forces who were killed during World War II in the battle of 
Tarawa Atoll. 
Subtitle F—Decorations and Awards 
Sec. 551. Authorization and request for award of Medal of Honor to Anthony T. 
Kaho’ohanohano for acts of valor during the Korean War. 
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123 STAT. 2195 
PUBLIC LAW 111–84—OCT. 28, 2009 
Sec. 552. Authorization and request for award of Distinguished-Service Cross to 
Jack T. Stewart for acts of valor during the Vietnam War. 
Sec. 553. Authorization and request for award of Distinguished-Service Cross to 
William T. Miles, Jr., for acts of valor during the Korean War. 
Subtitle G—Military Family Readiness Matters 
Sec. 561. Establishment of online resources to provide information about benefits 
and services available to members of the Armed Forces and their fami-
lies. 
Sec. 562. Additional members on Department of Defense Military Family Readiness 
Council. 
Sec. 563. Support for military families with special needs. 
Sec. 564. Pilot program to secure internships for military spouses with Federal 
agencies. 
Sec. 565. Family and medical leave for family of servicemembers. 
Sec. 566. Deadline for report on sexual assault in the Armed Forces by Defense 
Task Force on Sexual Assault in the Military Services. 
Sec. 567. Improved prevention and response to allegations of sexual assault involv-
ing members of the Armed Forces. 
Sec. 568. Comptroller General report on progress made in implementing rec-
ommendations to reduce domestic violence in military families. 
Sec. 569. Report on impact of domestic violence on military families. 
Sec. 570. Report on international intrafamilial abduction of children of members of 
the Armed Forces. 
Sec. 571. Assessment of impact of deployment of members of the Armed Forces on 
their dependent children. 
Sec. 572. Report on child custody litigation involving service of members of the 
Armed Forces. 
Sec. 573. Comptroller General report on child care assistance for members of the 
Armed Forces. 
Subtitle H—Military Voting 
Sec. 575. Short title. 
Sec. 576. Clarification regarding delegation of State responsibilities to local juris-
dictions. 
Sec. 577. Establishment of procedures for absent uniformed services voters and 
overseas voters to request and for States to send voter registration ap-
plications and absentee ballot applications by mail and electronically. 
Sec. 578. Establishment of procedures for States to transmit blank absentee ballots 
by mail and electronically to absent uniformed services voters and over-
seas voters. 
Sec. 579. Ensuring absent uniformed services voters and overseas voters have time 
to vote. 
Sec. 580. Procedures for collection and delivery of marked absentee ballots of ab-
sent overseas uniformed services voters. 
Sec. 581. Federal write-in absentee ballot. 
Sec. 582. Prohibiting refusal to accept voter registration and absentee ballot appli-
cations, marked absentee ballots, and Federal write-in absentee ballots 
for failure to meet certain requirements. 
Sec. 583. Federal Voting Assistance Program Improvements. 
Sec. 584. Development of standards for reporting and storing certain data. 
Sec. 585. Repeal of provisions relating to use of single application for all subse-
quent elections. 
Sec. 586. Reporting requirements. 
Sec. 587. Annual report on enforcement. 
Sec. 588. Requirements payments. 
Sec. 589. Technology pilot program. 
Subtitle I—Other Matters 
Sec. 591. Clarification of performance policies for military musical units and musi-
cians. 
Sec. 592. Navy grants for purposes of Naval Sea Cadet Corps. 
Sec. 593. Modification of matching fund requirements under National Guard Youth 
Challenge Program. 
Sec. 594. Expansion of Military Leadership Diversity Commission to include re-
serve component representatives. 
Sec. 595. Expansion of suicide prevention and community healing and response 
training under the Yellow Ribbon Reintegration Program. 
Sec. 596. Comprehensive plan on prevention, diagnosis, and treatment of substance 
use disorders and disposition of substance abuse offenders in the Armed 
Forces. 
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123 STAT. 2196 
PUBLIC LAW 111–84—OCT. 28, 2009 
Sec. 597. Reports on Yellow Ribbon Reintegration Program and other reintegration 
programs. 
Sec. 598. Reports on progress in completion of certain incident information man-
agement tools. 
TITLE VI—COMPENSATION AND OTHER PERSONNEL BENEFITS 
Subtitle A—Pay and Allowances 
Sec. 601. Fiscal year 2010 increase in military basic pay. 
Sec. 602. Increase in maximum monthly amount of supplemental subsistence allow-
ance for low-income members with dependents. 
Sec. 603. Special compensation for members of the uniformed services with cata-
strophic injuries or illnesses requiring assistance in everyday living. 
Sec. 604. Benefits under Post-Deployment/Mobilization Respite Absence program 
for certain periods before implementation of program. 
Sec. 605. Report on housing standards and housing surveys used to determine 
basic allowance for housing. 
Sec. 606. Comptroller General comparative assessment of military and private-sec-
tor pay and benefits. 
Subtitle B—Bonuses and Special and Incentive Pays 
Sec. 611. One-year extension of certain bonus and special pay authorities for re-
serve forces. 
Sec. 612. One-year extension of certain bonus and special pay authorities for health 
care professionals. 
Sec. 613. One-year extension of special pay and bonus authorities for nuclear offi-
cers. 
Sec. 614. One-year extension of authorities relating to title 37 consolidated special 
pay, incentive pay, and bonus authorities. 
Sec. 615. One-year extension of authorities relating to payment of other title 37 bo-
nuses and special pays. 
Sec. 616. One-year extension of authorities relating to payment of referral bonuses. 
Sec. 617. Technical corrections and conforming amendments to reconcile conflicting 
amendments regarding continued payment of bonuses and similar bene-
fits for certain members. 
Sec. 618. Proration of certain special and incentive pays to reflect time during 
which a member satisfies eligibility requirements for the special or in-
centive pay. 
Sec. 619. Additional assignment pay or special duty pay authorized for members 
agreeing to serve in Afghanistan for extended periods. 
Sec. 620. Temporary authority for monthly special pay for members of the Armed 
Forces subject to continuing active duty or service under stop-loss au-
thorities. 
Sec. 621. Army authority to provide additional recruitment incentives. 
Sec. 622. Report on recruitment and retention of members of the Air Force in nu-
clear career fields. 
Subtitle C—Travel and Transportation Allowances 
Sec. 631. Travel and transportation for survivors of deceased members of the uni-
formed services to attend memorial ceremonies. 
Sec. 632. Travel and transportation allowances for designated individuals of 
wounded, ill, or injured members of the uniformed services for duration 
of inpatient treatment. 
Sec. 633. Authorized travel and transportation allowances for non-medical attend-
ants for very seriously and seriously wounded, ill, or injured members. 
Sec. 634. Reimbursement of travel expenses of members of the Armed Forces on ac-
tive duty and their dependents for travel for specialty care under excep-
tional circumstances. 
Sec. 635. Report on adequacy of weight allowances for transportation of baggage 
and household effects for members of the uniformed services. 
Subtitle D—Disability, Retired Pay, and Survivor Benefits 
Sec. 641. Transition assistance for reserve component members injured while on ac-
tive duty. 
Sec. 642. Recomputation of retired pay and adjustment of retired grade of Reserve 
retirees to reflect service after retirement. 
Sec. 643. Election to receive retired pay for non-regular service upon retirement for 
service in an active reserve status performed after attaining eligibility 
for regular retirement. 
Sec. 644. Report on re-determination process for permanently incapacitated de-
pendents of retired and deceased members of the Armed Forces. 
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123 STAT. 2197 
PUBLIC LAW 111–84—OCT. 28, 2009 
Sec. 645. Treatment as active service for retired pay purposes of service as member 
of Alaska Territorial Guard during World War II. 
Subtitle E—Commissary and Nonappropriated Fund Instrumentality Benefits and 
Operations 
Sec. 651. Limitation on Department of Defense entities offering personal informa-
tion services to members and their dependents. 
Sec. 652. Report on impact of purchasing from local distributors all alcoholic bev-
erages for resale on military installations on Guam. 
Subtitle F—Other Matters 
Sec. 661. Limitations on collection of overpayments of pay and allowances erro-
neously paid to members. 
Sec. 662. Sense of Congress on airfares for members of the Armed Forces. 
Sec. 663. Sense of Congress on establishment of flexible spending arrangements for 
the uniformed services. 
Sec. 664. Sense of Congress regarding support for compensation, retirement, and 
other military personnel programs. 
TITLE VII—HEALTH CARE PROVISIONS 
Subtitle A—Improvements to Health Benefits 
Sec. 701. Prohibition on conversion of military medical and dental positions to civil-
ian medical and dental positions. 
Sec. 702. Health care for members of the reserve components. 
Sec. 703. Enhancement of transitional dental care for members of the reserve com-
ponents on active duty for more than 30 days in support of a contin-
gency operation. 
Sec. 704. Expansion of survivor eligibility under TRICARE dental program. 
Sec. 705. TRICARE Standard coverage for certain members of the Retired Reserve 
who are qualified for a non-regular retirement but are not yet age 60. 
Sec. 706. Constructive eligibility for TRICARE benefits of certain persons otherwise 
ineligible under retroactive determination of entitlement to Medicare 
part A hospital insurance benefits. 
Sec. 707. Notification of certain individuals regarding options for enrollment under 
Medicare part B. 
Sec. 708. Mental health assessments for members of the Armed Forces deployed in 
connection with a contingency operation. 
Sec. 709. Temporary TRICARE inpatient fee modification. 
Subtitle B—Health Care Administration 
Sec. 711. Comprehensive policy on pain management by the military health care 
system. 
Sec. 712. Administration and prescription of psychotropic medications for members 
of the Armed Forces before and during deployment. 
Sec. 713. Cooperative health care agreements between military installations and 
non-military health care systems. 
Sec. 714. Plan to increase the mental health capabilities of the Department of De-
fense. 
Sec. 715. Department of Defense study on management of medications for phys-
ically and psychologically wounded members of the Armed Forces. 
Sec. 716. Limitation on obligation of funds under defense health program informa-
tion technology programs. 
Subtitle C—Other Matters 
Sec. 721. Study and plan to improve military health care. 
Sec. 722. Study, plan, and pilot for the mental health care needs of dependent chil-
dren of members of the Armed Forces. 
Sec. 723. Clinical trial on cognitive rehabilitative therapy for members and former 
members of the Armed Forces. 
Sec. 724. Department of Defense Task Force on the Care, Management, and Tran-
sition of Recovering Wounded, Ill, and Injured Members of the Armed 
Forces. 
Sec. 725. Chiropractic clinical trials. 
Sec. 726. Independent study on post-traumatic stress disorder efforts. 
Sec. 727. Report on implementation of requirements on the relationship between 
the TRICARE program and employer-sponsored group health plans. 
Sec. 728. Report on stipends for members of reserve components for health care for 
certain dependents. 
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123 STAT. 2198 
PUBLIC LAW 111–84—OCT. 28, 2009 
TITLE VIII—ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND 
RELATED MATTERS 
Subtitle A—Acquisition Policy and Management 
Sec. 801. Temporary authority to acquire products and services produced in coun-
tries along a major route of supply to Afghanistan; report. 
Sec. 802. Assessment of improvements in service contracting. 
Sec. 803. Display of annual budget requirements for procurement of contract serv-
ices and related clarifying technical amendments. 
Sec. 804. Implementation of new acquisition process for information technology sys-
tems. 
Sec. 805. Life-cycle management and product support. 
Sec. 806. Treatment of non-defense agency procurements under joint programs 
with intelligence community. 
Sec. 807. Policy and requirements to ensure the safety of facilities, infrastructure, 
and equipment for military operations. 
Subtitle B—Amendments to General Contracting Authorities, Procedures, and 
Limitation 
Sec. 811. Justification and approval of sole-source contracts. 
Sec. 812. Revision of Defense Supplement relating to payment of costs prior to 
definitization. 
Sec. 813. Revisions to definitions relating to contracts in Iraq and Afghanistan. 
Sec. 814. Amendment to notification requirements for awards of single source task 
or delivery orders. 
Sec. 815. Clarification of uniform suspension and debarment requirement. 
Sec. 816. Extension of authority for use of simplified acquisition procedures for cer-
tain commercial items. 
Sec. 817. Reporting requirements for programs that qualify as both major auto-
mated information system programs and major defense acquisition pro-
grams. 
Sec. 818. Small arms production industrial base matters. 
Sec. 819. Contract authority for advanced component development or prototype 
units. 
Sec. 820. Publication of notification of bundling of contracts of the Department of 
Defense. 
Subtitle C—Contractor Matters 
Sec. 821. Authority for Government support contractors to have access to technical 
data belonging to prime contractors. 
Sec. 822. Extension and enhancement of authorities on the Commission on War-
time Contracting in Iraq and Afghanistan. 
Sec. 823. Authority for Secretary of Defense to reduce or deny award fees to compa-
nies found to jeopardize health or safety of Government personnel. 
Subtitle D—Acquisition Workforce Matters 
Sec. 831. Enhancement of expedited hiring authority for defense acquisition work-
force positions. 
Sec. 832. Funding of Department of Defense Acquisition Workforce Development 
Fund. 
Sec. 833. Review of post-employment restrictions applicable to the Department of 
Defense. 
Sec. 834. Review of Federal acquisition workforce training and hiring. 
Subtitle E—Other Matters 
Sec. 841. Reports to Congress on full deployment decisions for major automated in-
formation system programs. 
Sec. 842. Authorization to take actions to correct the industrial resource shortfall 
for high-purity beryllium metal. 
Sec. 843. Report on rare earth materials in the defense supply chain. 
Sec. 844. Comptroller General report on structure and management of subcontrac-
tors under contracts for major weapon systems. 
Sec. 845. Study of the use of factors other than cost or price as the predominate 
factors in evaluating competitive proposals for defense procurement con-
tracts. 
Sec. 846. Repeal of requirements relating to the military system essential item 
breakout list. 
Sec. 847. Extension of SBIR and STTR programs of the Department of Defense. 
Sec. 848. Extension of authority for small business innovation research Commer-
cialization Pilot Program. 
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123 STAT. 2199 
PUBLIC LAW 111–84—OCT. 28, 2009 
TITLE IX—DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT 
Subtitle A—Department of Defense Management 
Sec. 901. Authority to allow private sector civilians to receive instruction at De-
fense Cyber Investigations Training Academy of the Defense Cyber 
Crime Center. 
Sec. 902. Organizational structure of the Office of the Assistant Secretary of De-
fense for Health Affairs and the TRICARE Management Activity. 
Sec. 903. Sense of Congress regarding the Director of Operational Energy Plans 
and Programs. 
Sec. 904. Increased flexibility for combatant commander initiative fund. 
Sec. 905. Repeal of requirement for a Deputy Under Secretary of Defense for Tech-
nology Security Policy within the Office of the Under Secretary of De-
fense for Policy. 
Sec. 906. Deputy Under Secretaries of Defense and Assistant Secretaries of De-
fense. 
Subtitle B—Space Activities 
Sec. 911. Submission and review of space science and technology strategy. 
Sec. 912. Provision of space situational awareness services and information to non- 
United States Government entities. 
Sec. 913. Management and funding strategy and implementation plan for the Na-
tional Polar-Orbiting Operational Environmental Satellite System Pro-
gram. 
Subtitle C—Intelligence-Related Matters 
Sec. 921. Inclusion of Defense Intelligence Agency in authority to use proceeds from 
counterintelligence operations. 
Sec. 922. Plan to address foreign ballistic missile intelligence analysis. 
Subtitle D—Other Matters 
Sec. 931. Implementation strategy for developing leap-ahead cyber operations capa-
bilities. 
Sec. 932. Defense integrated military human resources system development and 
transition. 
Sec. 933. Report on special operations command organization, manning, and man-
agement. 
Sec. 934. Study on the recruitment, retention, and career progression of uniformed 
and civilian military cyber operations personnel. 
Sec. 935. Plan on access to national airspace for unmanned aircraft systems. 
TITLE X—GENERAL PROVISIONS 
Subtitle A—Financial Matters 
Sec. 1001. General transfer authority. 
Sec. 1002. Relationship of the quadrennial defense review and the annual budget 
request. 
Sec. 1003. Audit readiness of financial statements of the Department of Defense. 
Subtitle B—Counter-Drug Activities 
Sec. 1011. Unified counter-drug and counterterrorism campaign in Colombia. 
Sec. 1012. Joint task forces support to law enforcement agencies conducting 
counter-terrorism activities. 
Sec. 1013. Reporting requirement on expenditures to support foreign counter-drug 
activities. 
Sec. 1014. Support for counter-drug activities of certain foreign governments. 
Sec. 1015. Border coordination centers in Afghanistan and Pakistan. 
Sec. 1016. Comptroller General report on effectiveness of accountability measures 
for assistance from counter-narcotics central transfer account. 
Subtitle C—Naval Vessels and Shipyards 
Sec. 1021. Sense of Congress on the maintenance of a 313-ship Navy. 
Sec. 1022. Designation of U.S.S. Constitution as America’s Ship of State. 
Sec. 1023. Temporary reduction in minimum number of operational aircraft car-
riers. 
Sec. 1024. Sense of Congress concerning the disposition of Submarine NR–1. 
Subtitle D—Miscellaneous Requirements, Authorities, and Limitations 
Sec. 1031. Prohibition relating to propaganda. 
Sec. 1032. Responsibility for preparation of biennial global positioning system re-
port. 
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123 STAT. 2200 
PUBLIC LAW 111–84—OCT. 28, 2009 
Sec. 1033. Reports on bandwidth requirements for major defense acquisition pro-
grams and major system acquisition programs. 
Sec. 1034. Additional duties for advisory panel on Department of Defense capabili-
ties for support of civil authorities after certain incidents. 
Sec. 1035. Charter for the National Reconnaissance Office. 
Sec. 1036. National strategic five-year plan for improving the nuclear forensic and 
attribution capabilities of the United States. 
Sec. 1037. Authorization of appropriations for payments to Portuguese nationals 
employed by the Department of Defense. 
Sec. 1038. Prohibition on interrogation of detainees by contractor personnel. 
Sec. 1039. Notification and access of International Committee of the Red Cross 
with respect to detainees at Theater Internment Facility at Bagram Air 
Base, Afghanistan. 
Sec. 1040. No Miranda Warnings for Al Qaeda Terrorists. 
Sec. 1041. Limitation on use of funds for the transfer or release of individuals de-
tained at United States Naval Station, Guantanamo Bay, Cuba. 
Sec. 1042. Additional subpoena authority for the Inspector General of the Depart-
ment of Defense. 
Sec. 1043. Limitations on modifications of certain Government furnished equip-
ment; one-time authority to transfer certain military prototype. 
Subtitle E—Studies and Reports 
Sec. 1051. Report on statutory compliance of the report on the 2009 quadrennial 
defense review. 
Sec. 1052. Report on the force structure findings of the 2009 quadrennial defense 
review. 
Sec. 1053. Annual report on the electronic warfare strategy of the Department of 
Defense. 
Sec. 1054. Study on a system for career development and management of inter-
agency national security professionals. 
Sec. 1055. Report on nuclear aspirations of non-state entities, nuclear weapons and 
related programs in non-nuclear-weapons states and countries not par-
ties to the Nuclear Non-Proliferation Treaty, and certain foreign per-
sons. 
Sec. 1056. Comptroller General review of Department of Defense spending in final 
fiscal quarters. 
Sec. 1057. Report on Air America. 
Sec. 1058. Report on defense travel simplification. 
Sec. 1059. Report on modeling and simulation technological and industrial base. 
Sec. 1060. Report on enabling capabilities for special operations forces. 
Sec. 1061. Additional members and duties for the independent panel to assess the 
quadrennial defense review. 
Sec. 1062. Congressional earmarks relating to the Department of Defense. 
Sec. 1063. Report on basing plans for certain United States geographic combatant 
commands. 
Subtitle F—Other Matters 
Sec. 1071. Extension of certain authority for making rewards for combating ter-
rorism. 
Sec. 1072. Business process reengineering. 
Sec. 1073. Technical and clerical amendments. 
Sec. 1074. Extension of sunset for congressional commission on the strategic pos-
ture of the United States. 
Sec. 1075. Combat air forces restructuring. 
Sec. 1076. Sense of Congress regarding carrier air wing force structure. 
Sec. 1077. Department of Veterans Affairs use of service dogs for the treatment or 
rehabilitation of veterans with physical or mental injuries or disabil-
ities. 
Sec. 1078. Plan for sustainment of land-based solid rocket motor industrial base. 
Sec. 1079. Justice for victims of torture and terrorism. 
Sec. 1080. Requirement for videotaping or otherwise electronically recording stra-
tegic intelligence interrogations of persons in the custody of or under the 
effective control of the Department of Defense. 
Sec. 1081. Modification of pilot program on commercial fee-for-service air refueling 
support for the air force. 
Sec. 1082. Multiyear contracts under pilot program on commercial fee-for-service 
air refueling support for the Air Force. 
Sec. 1083. Disclosure of names of students and instructors at Western Hemisphere 
Institute for Security Cooperation. 
Sec. 1084. Sense of Congress regarding the Western Hemisphere Institute for Secu-
rity Cooperation. 
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123 STAT. 2201 
PUBLIC LAW 111–84—OCT. 28, 2009 
TITLE XI—CIVILIAN PERSONNEL MATTERS 
Subtitle A—Personnel 
Sec. 1101. Authority to employ individuals completing the National Security Edu-
cation Program. 
Sec. 1102. Authority for employment by Department of Defense of individuals who 
have successfully completed the requirements of the science, mathe-
matics, and research for transformation (SMART) defense scholarship 
program. 
Sec. 1103. Authority for the employment of individuals who have successfully com-
pleted the Department of Defense information assurance scholarship 
program. 
Sec. 1104. Extension and modification of experimental personnel management pro-
gram for scientific and technical personnel. 
Sec. 1105. Modification to Department of Defense laboratory personnel authority. 
Sec. 1106. One-year extension of authority to waive annual limitation on premium 
pay and aggregate limitation on pay for Federal civilian employees 
working overseas. 
Sec. 1107. Extension of certain benefits to Federal civilian employees on official 
duty in Pakistan. 
Sec. 1108. Requirement for Department of Defense strategic workforce plans. 
Sec. 1109. Adjustments to limitations on personnel and requirement for annual 
manpower reporting. 
Sec. 1110. Pilot program for the temporary exchange of information technology per-
sonnel. 
Sec. 1111. Availability of funds for compensation of certain civilian employees of 
the Department of Defense. 
Sec. 1112. Department of defense civilian leadership program. 
Sec. 1113. Provisions relating to the National Security Personnel System. 
Sec. 1114. Provisions relating to the Defense Civilian Intelligence Personnel Sys-
tem. 
Subtitle B—Provisions Relating to Reemployment of Annuitants 
Sec. 1121. Authority to expand scope of provisions relating to unreduced compensa-
tion for certain reemployed annuitants. 
Sec. 1122. Part-time reemployment. 
Sec. 1123. Government Accountability Office report. 
TITLE XII—MATTERS RELATING TO FOREIGN NATIONS 
Subtitle A—Assistance and Training 
Sec. 1201. 
One-year extension of authority for security and stabilization assist-
ance. 
Sec. 1202. Expansion of authority and modification of notification and reporting 
requirements for use of authority for support of special operations to 
combat terrorism. 
Sec. 1203. 
Modification of report on foreign-assistance related programs carried 
out by the Department of Defense. 
Sec. 1204. Report on authorities to build the capacity of foreign military forces and 
related matters. 
Sec. 1205. Authority to provide administrative services and support to coalition li-
aison officers of certain foreign nations assigned to United States Joint 
Forces Command. 
Sec. 1206. Modification of authorities relating to program to build the capacity of 
foreign military forces. 
Sec. 1207. Authority for non-reciprocal exchanges of defense personnel between the 
United States and foreign countries. 
Sec. 1208. Report on alternatives to use of acquisition and cross-servicing agree-
ments to lend military equipment for personnel protection and surviv-
ability. 
Sec. 1209. 
Enhancing Iraqi security through defense cooperation between the 
United States and Iraq. 
Sec. 1210. Availability of appropriated funds for the State Partnership Program. 
Subtitle B—Matters Relating to Iraq, Afghanistan, and Pakistan 
Sec. 1221. Limitation on availability of funds for certain purposes relating to Iraq. 
Sec. 1222. 
One-year extension and expansion of Commanders’ Emergency Re-
sponse Program. 
Sec. 1223. Modification of authority for reimbursement of certain coalition nations 
for support provided to United States military operations. 
Sec. 1224. Pakistan Counterinsurgency Fund. 
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123 STAT. 2202 
PUBLIC LAW 111–84—OCT. 28, 2009 
Sec. 1225. Program to provide for the registration and end-use monitoring of de-
fense articles and defense services transferred to Afghanistan and Paki-
stan. 
Sec. 1226. Reports on campaign plans for Iraq and Afghanistan. 
Sec. 1227. 
Report on responsible redeployment of United States Armed Forces 
from Iraq. 
Sec. 1228. Report on community-based security programs in Afghanistan. 
Sec. 1229. Updates of report on command and control structure for military forces 
operating in Afghanistan. 
Sec. 1230. 
Report on feasibility and desirability of establishing general uniform 
procedures and guidelines for the provision of monetary assistance by 
the United States to civilian foreign nationals for losses incident to com-
bat activities of the armed forces. 
Sec. 1231. 
Assessment and report on United States-Pakistan military relations 
and cooperation. 
Sec. 1232. Report on progress toward security and stability in Pakistan. 
Sec. 1233. Repeal of GAO war-related reporting requirement. 
Sec. 1234. Authority to transfer defense articles and provide defense services to 
the military and security forces of Iraq and Afghanistan. 
Sec. 1235. Analysis of required force levels and types of forces needed to secure 
southern and eastern regions of Afghanistan. 
Sec. 1236. Modification of report on progress toward security and stability in Af-
ghanistan. 
Sec. 1237. No permanent military bases in Afghanistan. 
Subtitle C—Other Matters 
Sec. 1241. Report on United States engagement with Iran. 
Sec. 1242. Annual counterterrorism status reports. 
Sec. 1243. Report on United States contributions to the United Nations. 
Sec. 1244. NATO Special Operations Coordination Center. 
Sec. 1245. Annual report on military power of Iran. 
Sec. 1246. Annual report on military and security developments involving the Peo-
ple’s Republic of China. 
Sec. 1247. Report on impacts of drawdown authorities on the Department of De-
fense. 
Sec. 1248. Risk assessment of United States space export control policy. 
Sec. 1249. Patriot air and missile defense battery in Poland. 
Sec. 1250. Report on potential foreign military sales of the F–22A fighter aircraft. 
Sec. 1251. Report on the plan for the nuclear weapons stockpile, nuclear weapons 
complex, and delivery platforms and sense of Congress on follow-on ne-
gotiations to START Treaty. 
Sec. 1252. Map of mineral-rich zones and areas under the control of armed groups 
in the Democratic Republic of the Congo. 
Sec. 1253. Sense of Congress relating to Israel. 
Sec. 1254. Sense of Congress on imposing sanctions with respect to Iran. 
Sec. 1255. Report and sense of Congress on North Korea. 
Sec. 1256. Report on potential missile defense cooperation with Russia. 
Subtitle D—VOICE Act 
Sec. 1261. Short title. 
Sec. 1262. Authorization of appropriations. 
Sec. 1263. Iranian Electronic Education, Exchange, and Media Fund. 
Sec. 1264. Annual report. 
Sec. 1265. Report on actions by non-Iranian companies. 
Sec. 1266. Human rights documentation. 
TITLE XIII—COOPERATIVE THREAT REDUCTION 
Sec. 1301. Specification of Cooperative Threat Reduction programs and funds. 
Sec. 1302. Funding allocations. 
Sec. 1303. Utilization of contributions to the Cooperative Threat Reduction Pro-
gram. 
Sec. 1304. Metrics for the Cooperative Threat Reduction Program. 
Sec. 1305. Cooperative Threat Reduction Program authority for urgent threat re-
duction activities. 
Sec. 1306. Cooperative Threat Reduction Defense and Military Contacts Program. 
TITLE XIV—OTHER AUTHORIZATIONS 
Subtitle A—Military Programs 
Sec. 1401. Working capital funds. 
Sec. 1402. National Defense Sealift Fund. 
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123 STAT. 2203 
PUBLIC LAW 111–84—OCT. 28, 2009 
Sec. 1403. Chemical agents and munitions destruction, defense. 
Sec. 1404. Drug Interdiction and Counter-Drug Activities, Defense-wide. 
Sec. 1405. Defense Inspector General. 
Sec. 1406. Defense Health Program. 
Sec. 1407. Relation to funding table. 
Subtitle B—National Defense Stockpile 
Sec. 1411. Authorized uses of National Defense Stockpile funds. 
Sec. 1412. Extension of previously authorized disposal of cobalt from National De-
fense Stockpile. 
Sec. 1413. Report on implementation of reconfiguration of the National Defense 
Stockpile. 
Subtitle C—Armed Forces Retirement Home 
Sec. 1421. Authorization of appropriations for Armed Forces Retirement Home. 
TITLE XV—AUTHORIZATION OF ADDITIONAL APPROPRIATIONS FOR 
OVERSEAS CONTINGENCY OPERATIONS 
Sec. 1501. Purpose. 
Sec. 1502. Army procurement. 
Sec. 1503. Joint Improvised Explosive Device Defeat Fund. 
Sec. 1504. Navy and Marine Corps procurement. 
Sec. 1505. Air Force procurement. 
Sec. 1506. Mine Resistant Ambush Protected Vehicle Fund. 
Sec. 1507. Defense-wide activities procurement. 
Sec. 1508. Research, development, test, and evaluation. 
Sec. 1509. Operation and maintenance. 
Sec. 1510. Limitations on availability of funds in Afghanistan Security Forces 
Fund. 
Sec. 1511. Limitations on Iraq Security Forces Fund. 
Sec. 1512. Military personnel. 
Sec. 1513. Working capital funds. 
Sec. 1514. Defense Health Program. 
Sec. 1515. Drug Interdiction and Counter-Drug Activities, Defense-wide. 
Sec. 1516. Defense Inspector General. 
Sec. 1517. Relation to funding tables. 
Sec. 1518. Continuation of prohibition on use of United States funds for certain fa-
cilities projects in Iraq. 
Sec. 1519. Treatment as additional authorizations. 
Sec. 1520. Special transfer authority. 
TITLE XVII—DEPARTMENT OF DEFENSE–DEPARTMENT OF VETERANS 
AFFAIRS MEDICAL FACILITY DEMONSTRATION PROJECT 
Sec. 1701. Demonstration project authority. 
Sec. 1702. Transfer of property. 
Sec. 1703. Transfer of civilian personnel of the Department of Defense. 
Sec. 1704. Joint funding authority. 
Sec. 1705. Eligibility of members of the uniformed services for care and services. 
Sec. 1706. Extension of DOD–VA Health Care Sharing Incentive Fund. 
TITLE XVIII—MILITARY COMMISSIONS 
Sec. 1801. Short title. 
Sec. 1802. Military commissions. 
Sec. 1803. Conforming amendments. 
Sec. 1804. Proceedings under prior statute. 
Sec. 1805. Submittal to Congress of revised rules for military commissions. 
Sec. 1806. Annual reports to Congress on trials by military commission. 
Sec. 1807. Sense of Congress on military commission system. 
TITLE XIX—FEDERAL EMPLOYEE BENEFITS 
Subtitle A—General Provisions 
Sec. 1901. Credit for unused sick leave. 
Sec. 1902. Limited expansion of the class of individuals eligible to receive an actu-
arially reduced annuity under the Civil Service Retirement System. 
Sec. 1903. Computation of certain annuities based on part-time service. 
Sec. 1904. Authority to deposit refunds under FERS. 
Sec. 1905. Retirement credit for service of certain employees transferred from Dis-
trict of Columbia service to Federal service. 
Subtitle B—Non-Foreign Area Retirement Equity Assurance 
Sec. 1911. Short title. 
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123 STAT. 2204 
PUBLIC LAW 111–84—OCT. 28, 2009 
Sec. 1912. Extension of locality pay. 
Sec. 1913. Adjustment of special rates. 
Sec. 1914. Transition schedule for locality-based comparability payments. 
Sec. 1915. Savings provision. 
Sec. 1916. Application to other eligible employees. 
Sec. 1917. Election of additional basic pay for annuity computation by employees. 
Sec. 1918. Regulations. 
Sec. 1919. Effective dates. 
DIVISION B—MILITARY CONSTRUCTION AUTHORIZATIONS 
Sec. 2001. Short title. 
Sec. 2002. Expiration of authorizations and amounts required to be specified by 
law. 
Sec. 2003. Relation to funding tables. 
Sec. 2004. General reduction across division. 
TITLE XXI—ARMY 
Sec. 2101. Authorized Army construction and land acquisition projects. 
Sec. 2102. Family housing. 
Sec. 2103. Improvements to military family housing units. 
Sec. 2104. Authorization of appropriations, Army. 
Sec. 2105. Modification of authority to carry out certain fiscal year 2009 project. 
Sec. 2106. Extension of authorizations of certain fiscal year 2006 projects. 
TITLE XXII—NAVY 
Sec. 2201. Authorized Navy construction and land acquisition projects. 
Sec. 2202. Family housing. 
Sec. 2203. Improvements to military family housing units. 
Sec. 2204. Authorization of appropriations, Navy. 
Sec. 2205. Modification and extension of authority to carry out certain fiscal year 
2006 project. 
TITLE XXIII—AIR FORCE 
Sec. 2301. Authorized Air Force construction and land acquisition projects. 
Sec. 2302. Family housing. 
Sec. 2303. Improvements to military family housing units. 
Sec. 2304. Authorization of appropriations, Air Force. 
Sec. 2305. Termination of authority to carry out certain fiscal year 2009 Air Force 
project. 
Sec. 2306. Extension of authorizations of certain fiscal year 2007 projects. 
Sec. 2307. Extension of authorizations of certain fiscal year 2006 projects. 
Sec. 2308. Conveyance to Indian tribes of certain housing units. 
TITLE XXIV—DEFENSE AGENCIES 
Subtitle A—Defense Agency Authorizations 
Sec. 2401. Authorized Defense Agencies construction and land acquisition projects. 
Sec. 2402. Family Housing. 
Sec. 2403. Energy conservation projects. 
Sec. 2404. Authorization of appropriations, Defense Agencies. 
Sec. 2405. Termination or modification of authority to carry out certain fiscal year 
2009 projects. 
Sec. 2406. Modification of authority to carry out certain fiscal year 2008 project. 
Sec. 2407. Extension of authorizations of certain fiscal year 2007 project. 
Subtitle B—Chemical Demilitarization Authorizations 
Sec. 2411. Authorization of appropriations, chemical demilitarization construction, 
defense-wide. 
TITLE XXV—NORTH ATLANTIC TREATY ORGANIZATION SECURITY 
INVESTMENT PROGRAM 
Sec. 2501. Authorized NATO construction and land acquisition projects. 
Sec. 2502. Authorization of appropriations, NATO. 
TITLE XXVI—GUARD AND RESERVE FORCES FACILITIES 
Sec. 2601. Authorized Army National Guard construction and land acquisition 
projects. 
Sec. 2602. Authorized Army Reserve construction and land acquisition projects. 
Sec. 2603. Authorized Navy Reserve and Marine Corps Reserve construction and 
land acquisition projects. 
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123 STAT. 2205 
PUBLIC LAW 111–84—OCT. 28, 2009 
Sec. 2604. Authorized Air National Guard construction and land acquisition 
projects. 
Sec. 2605. Authorized Air Force Reserve construction and land acquisition projects. 
Sec. 2606. Authorization of appropriations, National Guard and Reserve. 
Sec. 2607. Extension of authorizations of certain fiscal year 2007 projects. 
Sec. 2608. Extension of authorizations of certain fiscal year 2006 project. 
TITLE XXVII—BASE CLOSURE AND REALIGNMENT ACTIVITIES 
Subtitle A—Authorizations 
Sec. 2701. Authorization of appropriations for base closure and realignment activi-
ties funded through Department of Defense Base Closure Account 1990. 
Sec. 2702. Authorized base closure and realignment activities funded through De-
partment of Defense Base Closure Account 2005. 
Sec. 2703. Authorization of appropriations for base closure and realignment activi-
ties funded through Department of Defense Base Closure Account 2005. 
Subtitle B—Other Matters 
Sec. 2711. Relocation of certain Army Reserve units in Connecticut. 
Sec. 2712. Authority to construct Armed Forces Reserve Center in vicinity of Pease 
Air National Guard Base, New Hampshire. 
Sec. 2713. Sense of Congress on ensuring joint basing recommendations do not ad-
versely affect operational readiness. 
Sec. 2714. Requirements related to providing world class military medical facilities 
in the National Capital Region. 
Sec. 2715. Use of economic development conveyances to implement base closure 
and realignment property recommendations. 
TITLE XXVIII—MILITARY CONSTRUCTION GENERAL PROVISIONS 
Subtitle A—Military Construction Program and Military Family Housing Changes 
Sec. 2801. Modification of unspecified minor construction authorities. 
Sec. 2802. Congressional notification of facility repair projects carried out using op-
eration and maintenance funds. 
Sec. 2803. Modification of authority for scope of work variations. 
Sec. 2804. Modification of conveyance authority at military installations. 
Sec. 2805. Imposition of requirement that acquisition of reserve component facili-
ties be authorized by law. 
Sec. 2806. Authority to use operation and maintenance funds for construction 
projects inside the United States Central Command area of responsi-
bility. 
Sec. 2807. Expansion of First Sergeants Barracks Initiative. 
Sec. 2808. Reports on privatization initiatives for military unaccompanied housing. 
Sec. 2809. Report on Department of Defense contributions to States for acquisition, 
construction, expansion, rehabilitation, or conversion of reserve compo-
nent facilities. 
Subtitle B—Real Property and Facilities Administration 
Sec. 2821. Modification of utility systems conveyance authority. 
Sec. 2822. Report on global defense posture realignment and interagency review. 
Sec. 2823. Property and facilities management of the Armed Forces Retirement 
Home. 
Sec. 2824. Acceptance of contributions to support cleanup efforts at former Alma-
den Air Force Station, California. 
Sec. 2825. Selection of military installations to serve as locations of brigade combat 
teams. 
Sec. 2826. Report on Federal assistance to support communities adversely impacted 
by expansion of military installations. 
Subtitle C—Provisions Related to Guam Realignment 
Sec. 2831. Role of Department of Defense in management and coordination of De-
fense activities relating to Guam realignment. 
Sec. 2832. Clarifications regarding use of special purpose entities to assist with 
Guam realignment. 
Sec. 2833. Workforce issues related to military construction and certain other 
transactions on Guam. 
Sec. 2834. Composition of workforce for construction projects funded through the 
Support for United States Relocation to Guam Account. 
Sec. 2835. Interagency Coordination Group of Inspectors General for Guam Re-
alignment. 
Sec. 2836. Compliance with Naval Aviation Safety requirements as condition on ac-
ceptance of replacement facility for Marine Corps Air Station, Futenma, 
Okinawa. 
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123 STAT. 2206 
PUBLIC LAW 111–84—OCT. 28, 2009 
Sec. 2837. Report and sense of Congress on Marine Corps requirements in Asia-Pa-
cific region. 
Subtitle D—Energy Security 
Sec. 2841. Adoption of unified energy monitoring and utility control system speci-
fication for military construction and military family housing activities. 
Sec. 2842. Department of Defense goal regarding use of renewable energy sources 
to meet facility energy needs. 
Sec. 2843. Department of Defense participation in programs for management of en-
ergy demand or reduction of energy usage during peak periods. 
Sec. 2844. Department of Defense use of electric and hybrid motor vehicles. 
Sec. 2845. Study on development of nuclear power plants on military installations. 
Sec. 2846. Comptroller General report on Department of Defense renewable energy 
initiatives, including solar initiatives, on military installations. 
Subtitle E—Land Conveyances 
Sec. 2851. Land conveyance, Haines Tank Farm, Haines, Alaska. 
Sec. 2852. Release of reversionary interest, Camp Joseph T. Robinson, Arkansas. 
Sec. 2853. Transfer of administrative jurisdiction, Port Chicago Naval Magazine, 
California. 
Sec. 2854. Land conveyance, Ferndale housing at Centerville Beach Naval Facility 
to City of Ferndale, California. 
Sec. 2855. Land conveyances, Naval Air Station, Barbers Point, Hawaii. 
Sec. 2856. Land conveyances of certain parcels in the Camp Catlin and Ohana Nui 
areas, Pearl Harbor, Hawaii. 
Sec. 2857. Modification of land conveyance, former Griffiss Air Force Base, New 
York. 
Sec. 2858. Land conveyance, Army Reserve Center, Chambersburg, Pennsylvania. 
Sec. 2859. Land conveyance, Ellsworth Air Force Base, South Dakota. 
Sec. 2860. Land conveyance, Lackland Air Force Base, Texas. 
Sec. 2861. Land Conveyance, Naval Air Station Oceana, Virginia. 
Sec. 2862. Completion of land exchange and consolidation, Fort Lewis, Washington. 
Sec. 2863. Land conveyance, F.E. Warren Air Force Base, Cheyenne, Wyoming. 
Subtitle F—Other Matters 
Sec. 2871. Revised authority to establish national monument to honor United 
States Armed Forces working dog teams. 
Sec. 2872. National D–Day Memorial study. 
Sec. 2873. Conditions on establishment of Cooperative Security Location in 
Palanquero, Colombia. 
Sec. 2874. Military activities at United States Marine Corps Mountain Warfare 
Training Center. 
TITLE XXIX—OVERSEAS CONTINGENCY OPERATIONS MILITARY 
CONSTRUCTION AUTHORIZATIONS 
Sec. 2901. Authorized Army construction and land acquisition projects. 
Sec. 2902. Authorized Air Force construction and land acquisition projects. 
Sec. 2903. Construction authorization for facilities for Office of Defense Representa-
tive-Pakistan. 
DIVISION C—DEPARTMENT OF ENERGY NATIONAL SECURITY 
AUTHORIZATIONS AND OTHER AUTHORIZATIONS 
TITLE XXXI—DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS 
Subtitle A—National Security Programs Authorizations 
Sec. 3101. National Nuclear Security Administration. 
Sec. 3102. Defense environmental cleanup. 
Sec. 3103. Other defense activities. 
Sec. 3104. Defense nuclear waste disposal. 
Sec. 3105. Energy security and assurance. 
Sec. 3106. Relation to funding tables. 
Subtitle B—Program Authorizations, Restrictions, and Limitations 
Sec. 3111. Stockpile stewardship program. 
Sec. 3112. Report on stockpile stewardship criteria and assessment of stockpile 
stewardship program. 
Sec. 3113. Stockpile management program. 
Sec. 3114. Dual validation of annual weapons assessment and certification. 
Sec. 3115. Elimination of nuclear weapons life extension program from exception to 
requirement to request funds in budget of the President. 
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123 STAT. 2207 
PUBLIC LAW 111–84—OCT. 28, 2009 
Sec. 3116. Long-term plan for the modernization and refurbishment of the nuclear 
security complex. 
Sec. 3117. Repeal of prohibition on funding activities associated with international 
cooperative stockpile stewardship. 
Sec. 3118. Modification of minor construction threshold for plant projects. 
Sec. 3119. Two-year extension of authority for appointment of certain scientific, en-
gineering, and technical personnel. 
Sec. 3120. National Nuclear Security Administration authority for urgent non-
proliferation activities. 
Sec. 3121. Repeal of sunset date for consolidation of counterintelligence programs 
of Department of Energy and National Nuclear Security Administration. 
Subtitle C—Reports 
Sec. 3131. National Academy of Sciences review of national security laboratories. 
Sec. 3132. Plan to ensure capability to monitor, analyze, and evaluate foreign nu-
clear weapons activities. 
Sec. 3133. Comptroller General study of stockpile stewardship program. 
Sec. 3134. Comptroller General of the United States review of projects carried out 
by the Office of Environmental Management of the Department of En-
ergy pursuant to the American Recovery and Reinvestment Act of 2009. 
Subtitle D—Other Matters 
Sec. 3141. Ten-year plan for use and funding of certain Department of Energy fa-
cilities. 
Sec. 3142. Expansion of authority of Ombudsman of Energy Employees Occupa-
tional Illness Compensation Program. 
Sec. 3143. Identification in budget materials of amounts for certain Department of 
Energy pension obligations. 
Sec. 3144. Sense of Congress on production of molybdenum–99. 
TITLE XXXII—DEFENSE NUCLEAR FACILITIES SAFETY BOARD 
Sec. 3201. Authorization. 
TITLE XXXIV—NAVAL PETROLEUM RESERVES 
Sec. 3401. Authorization of appropriations. 
TITLE XXXV—MARITIME ADMINISTRATION 
Sec. 3501. Authorization of appropriations for fiscal year 2010. 
Sec. 3502. Unused leave balances. 
Sec. 3503. Temporary program authorizing contracts with adjunct professors at the 
United States Merchant Marine Academy. 
Sec. 3504. Maritime loan guarantee program. 
Sec. 3505. Defense measures against unauthorized seizures of Maritime Security 
Fleet vessels. 
Sec. 3506. Report on restrictions on United States-flagged commercial vessel secu-
rity. 
Sec. 3507. Technical corrections to State maritime academies student incentive pro-
gram. 
Sec. 3508. Cooperative agreements, administrative expenses, and contracting au-
thority. 
Sec. 3509. Use of funding for DOT maritime heritage property. 
Sec. 3510. Use of midshipman fees. 
Sec. 3511. Construction of vessels in the United States policy. 
Sec. 3512. Port infrastructure development program. 
Sec. 3513. Reefs for marine life conservation program. 
Sec. 3514. United States Merchant Marine Academy graduate program receipt, dis-
bursement, and accounting for nonappropriated funds. 
Sec. 3515. America’s short sea transportation grants for the development of marine 
highways. 
Sec. 3516. Expansion of the Marine View system. 
DIVISION D—FUNDING TABLES 
Sec. 4001. Authorization of amounts in funding tables. 
TITLE XLI—PROCUREMENT 
Sec. 4101. Procurement. 
Sec. 4102. Procurement for overseas contingency operations. 
TITLE XLII—RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 
Sec. 4201. Research, development, test, and evaluation. 
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123 STAT. 2208 
PUBLIC LAW 111–84—OCT. 28, 2009 
Sec. 4202. Research, development, test, and evaluation for overseas contingency op-
erations. 
TITLE XLIII—OPERATION AND MAINTENANCE 
Sec. 4301. Operation and maintenance. 
Sec. 4302. Operation and maintenance for overseas contingency operations. 
TITLE XLIV—OTHER AUTHORIZATIONS 
Sec. 4401. Other authorizations. 
Sec. 4402. Other authorizations for overseas contingency operations. 
TITLE XLV—MILITARY CONSTRUCTION AUTHORIZATIONS 
Sec. 4501. Military construction. 
Sec. 4502. 2005 base realignment and closure round FY 2010 project listing. 
Sec. 4503. Military construction for overseas contingency operations. 
TITLE XLVI—DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS 
Sec. 4601. Department of Energy national security programs. 
DIVISION E—MATTHEW SHEPARD AND JAMES BYRD, JR. HATE CRIMES 
PREVENTION ACT 
Sec. 4701. Short title. 
Sec. 4702. Findings. 
Sec. 4703. Definitions. 
Sec. 4704. Support for criminal investigations and prosecutions by State, local, and 
tribal law enforcement officials. 
Sec. 4705. Grant program. 
Sec. 4706. Authorization for additional personnel to assist State, local, and tribal 
law enforcement. 
Sec. 4707. Prohibition of certain hate crime acts. 
Sec. 4708. Statistics. 
Sec. 4709. Severability. 
Sec. 4710. Rule of construction. 
Sec. 4711. Guidelines for hate-crimes offenses. 
Sec. 4712. Attacks on United States servicemen. 
Sec. 4713. Report on mandatory minimum sentencing provisions. 
SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES. 
For purposes of this Act, the term ‘‘congressional defense 
committees’’ has the meaning given that term in section 101(a)(16) 
of title 10, United States Code. 
DIVISION A—DEPARTMENT OF 
DEFENSE AUTHORIZATIONS 
TITLE I—PROCUREMENT 
Subtitle A—Authorization of Appropriations 
Sec. 101. Army. 
Sec. 102. Navy and Marine Corps. 
Sec. 103. Air Force. 
Sec. 104. Defense-wide activities. 
Sec. 105. National Guard and Reserve equipment. 
Sec. 106. Mine Resistant Ambush Protected Vehicle Fund. 
Sec. 107. Relation to funding table. 
Subtitle B—Army Programs 
Sec. 111. Procurement of Future Combat Systems spin out early-infantry brigade 
combat team equipment. 
Subtitle C—Navy Programs 
Sec. 121. Littoral Combat Ship program. 
Sec. 122. Treatment of Littoral Combat Ship program as a major defense acquisi-
tion program. 
10 USC 101 note. 
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123 STAT. 2209 
PUBLIC LAW 111–84—OCT. 28, 2009 
Sec. 123. Report on strategic plan for homeporting the Littoral Combat Ship. 
Sec. 124. Advance procurement funding. 
Sec. 125. Procurement programs for future naval surface combatants. 
Sec. 126. Ford-class aircraft carrier report. 
Sec. 127. Report on a service life extension program for Oliver Hazard Perry class 
frigates. 
Sec. 128. Conditional multiyear procurement authority for F/A–18E, F/A–18F, or 
EA–18G aircraft. 
Subtitle D—Air Force Programs 
Sec. 131. Report on the procurement of 4.5 generation fighter aircraft. 
Sec. 132. Revised availability of certain funds available for the F–22A fighter air-
craft. 
Sec. 133. Preservation and storage of unique tooling for F–22 fighter aircraft. 
Sec. 134. AC–130 gunships. 
Sec. 135. Report on E–8C Joint Surveillance and Target Attack Radar System re- 
engining. 
Sec. 136. Repeal of requirement to maintain certain retired C–130E aircraft. 
Sec. 137. Limitation on retirement of C–5 aircraft. 
Sec. 138. Reports on strategic airlift aircraft. 
Sec. 139. Strategic airlift force structure. 
Subtitle E—Joint and Multiservice Matters 
Sec. 141. Body armor procurement. 
Sec. 142. Unmanned cargo-carrying-capable aerial vehicles. 
Sec. 143. Modification of nature of data link for use by tactical unmanned aerial 
vehicles. 
Subtitle A—Authorization of 
Appropriations 
SEC. 101. ARMY. 
Funds are hereby authorized to be appropriated for fiscal year 
2010 for procurement for the Army as follows: 
(1) For aircraft, $5,110,352,000. 
(2) For missiles, $1,368,109,000. 
(3) 
For 
weapons 
and 
tracked 
combat 
vehicles, 
$2,439,052,000. 
(4) For ammunition, $2,058,895,000. 
(5) For other procurement, $9,450,863,000. 
SEC. 102. NAVY AND MARINE CORPS. 
(a) NAVY.—Funds are hereby authorized to be appropriated 
for fiscal year 2010 for procurement for the Navy as follows: 
(1) For aircraft, $18,842,112,000. 
(2) For weapons, including missiles and torpedoes, 
$3,446,019,000. 
(3) For shipbuilding and conversion, $13,776,867,000. 
(4) For other procurement, $5,610,581,000. 
(b) MARINE CORPS.—Funds are hereby authorized to be appro-
priated for fiscal year 2010 for procurement for the Marine Corps 
in the amount of $1,603,738,000. 
(c) NAVY AND MARINE CORPS AMMUNITION.—Funds are hereby 
authorized to be appropriated for fiscal year 2010 for procurement 
of ammunition for the Navy and the Marine Corps in the amount 
of $814,015,000. 
SEC. 103. AIR FORCE. 
Funds are hereby authorized to be appropriated for fiscal year 
2010 for procurement for the Air Force as follows: 
(1) For aircraft, $11,224,371,000. 
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123 STAT. 2210 
PUBLIC LAW 111–84—OCT. 28, 2009 
(2) For ammunition, $822,462,000. 
(3) For missiles, $6,037,459,000. 
(4) For other procurement, $17,133,668,000. 
SEC. 104. DEFENSE-WIDE ACTIVITIES. 
Funds are hereby authorized to be appropriated for fiscal year 
2010 
for 
Defense-wide 
procurement 
in 
the 
amount 
of 
$4,090,816,000. 
SEC. 105. NATIONAL GUARD AND RESERVE EQUIPMENT. 
Funds are hereby authorized to be appropriated for fiscal year 
2010 for the procurement of aircraft, missiles, wheeled and tracked 
combat vehicles, tactical wheeled vehicles, ammunition, other 
weapons, and other procurement for the reserve components of 
the Armed Forces in the amount of $600,000,000. 
SEC. 106. MINE RESISTANT AMBUSH PROTECTED VEHICLE FUND. 
Funds are hereby authorized to be appropriated for fiscal year 
2010 for the Mine Resistant Ambush Protected Vehicle Fund in 
the amount of $600,000,000. 
SEC. 107. RELATION TO FUNDING TABLE. 
The amounts authorized to be appropriated by sections 101, 
102, 103, 104, 105, and 106 shall be available, in accordance with 
the requirements of section 4001, for projects, programs, and activi-
ties, and in the amounts, specified in the funding table in section 
4101. 
Subtitle B—Army Programs 
SEC. 111. PROCUREMENT OF FUTURE COMBAT SYSTEMS SPIN OUT 
EARLY-INFANTRY BRIGADE COMBAT TEAM EQUIPMENT. 
(a) LIMITATION
ON
LOW-RATE
INITIAL
PRODUCTION
QUAN-
TITIES.—Notwithstanding section 2400 of title 10, United States 
Code, and except as provided in subsection (b), the Secretary of 
Defense may not procure more than one Future Combat Systems 
spin out early-infantry brigade combat team equipment set (in 
this section referred to as a ‘‘brigade set’’) for low-rate initial produc-
tion. 
(b) WAIVER.—The Under Secretary of Defense for Acquisition, 
Technology, and Logistics may waive the limitation in subsection 
(a) if— 
(1) the Under Secretary submits to Congress written certifi-
cation that— 
(A) the Future Combat Systems spin out early-infantry 
brigade combat team program (in this section referred to 
as the ‘‘program’’) requires low-rate initial production in 
excess of 10 percent of the total number of articles to 
be produced; 
(B) the Director of Defense Research and Engineering 
has completed a technology readiness assessment of the 
program; 
(C) the Director of Cost Assessment and Program 
Evaluation has completed an independent cost estimate 
of the program; 
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123 STAT. 2211 
PUBLIC LAW 111–84—OCT. 28, 2009 
(D) the Under Secretary has approved an acquisition 
strategy and acquisition program baseline for the program; 
and 
(E) all of the systems constituting the brigade set have 
been tested in their intended production configuration; and 
(2) a period of 30 days has elapsed after the date on 
which the certification under paragraph (1) is received. 
(c) EXCEPTION FOR MEETING OPERATIONAL NEED STATEMENT 
REQUIREMENTS.—The limitation on low-rate initial production in 
subsection (a) does not apply to the procurement of individual 
components of a brigade set if the procurement of such components 
is specifically intended to address an operational need statement 
requirement (as described in Army Regulation 71–9 or a successor 
regulation). 
Subtitle C—Navy Programs 
SEC. 121. LITTORAL COMBAT SHIP PROGRAM. 
(a) CONTRACT AUTHORITY.— 
(1) IN GENERAL.—The Secretary of the Navy may procure 
up to ten Littoral Combat Ships and 15 Littoral Combat Ship 
ship control and weapon systems by entering into a contract 
using competitive procedures. Such procurement may also 
include— 
(A) materiel and equipment in economic order quan-
tities when cost savings are achievable; and 
(B) cost reduction initiatives. 
(2) LIABILITY.—A contract entered into under paragraph 
(1) shall provide that any obligation of the United States to 
make a payment under the contract is subject to the availability 
of appropriations for that purpose, and that total liability to 
the Government for termination of any contract entered into 
shall be limited to the total amount of funding obligated at 
time of termination. 
(b) TECHNICAL DATA PACKAGE.— 
(1) REQUIREMENT.—As part of the solicitation for proposals 
for a procurement authorized by subsection (a), the Secretary 
shall require that an offeror submit a proposal that provides 
for conveying a complete technical data package as part of 
a proposal for a Littoral Combat Ship. 
(2) RIGHTS OF THE UNITED STATES.—The Secretary shall 
ensure that the Government’s rights in technical data for a 
Littoral Combat Ship are sufficient to permit the Government 
to— 
(A) conduct a competition for a second shipyard, as 
soon as practicable; and 
(B) transition the Littoral Combat Ship combat systems 
to Government-furnished equipment to achieve open 
architecture and foster competition to modernize future 
systems. 
(c) LIMITATION OF COSTS.— 
(1) LIMITATION.—Except as provided in subsection (d), and 
excluding amounts described in paragraph (2), beginning in 
fiscal year 2011, the total amount obligated or expended for 
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123 STAT. 2212 
PUBLIC LAW 111–84—OCT. 28, 2009 
the procurement of a Littoral Combat Ship awarded to a con-
tractor selected as part of a procurement authorized by sub-
section (a) may not exceed $480,000,000 per vessel. 
(2) EXCLUSION.—The amounts described in this paragraph 
are amounts associated with the following: 
(A) Elements designated by the Secretary of the Navy 
as a mission package. 
(B) Plans. 
(C) Technical data packages. 
(D) Class design services. 
(E) Post-delivery, outfitting, and program support 
costs. 
(d) WAIVER AND ADJUSTMENT OF LIMITATION AMOUNT.— 
(1) WAIVER.—The Secretary of the Navy may waive the 
limitation in subsection (c)(1) with respect to a vessel if— 
(A) the Secretary provides supporting data and certifies 
in writing to the congressional defense committees that— 
(i) the total amount obligated or expended for 
procurement of the vessel– 
(I) is in the best interest of the United States; 
and 
(II) is affordable, within the context of the 
annual naval vessel construction plan required by 
section 231 of title 10, United States Code; and 
(ii) the total amount obligated or expended for 
procurement of at least one other vessel authorized 
by subsection (a) has been or is expected to be less 
than $480,000,000; and 
(B) a period of not less than 30 days has expired 
following the date on which such certification and data 
are submitted to the congressional defense committees. 
(2) ADJUSTMENT.—The Secretary of the Navy may adjust 
the amount set forth in subsection (c)(1) for Littoral Combat 
Ship vessels referred to in that subsection by the following: 
(A) The amounts of increases or decreases in costs 
attributable to economic inflation after September 30, 2009. 
(B) The amounts of increases or decreases in costs 
attributable to compliance with changes in Federal, State, 
or local laws enacted after September 30, 2009. 
(C) The amounts of increases or decreases in costs 
of the vessel that are attributable to insertion of new 
technology into that vessel, as compared to the technology 
built into the first or second vessels of the Littoral Combat 
Ship class of vessels, if the Secretary determines, and cer-
tifies to the congressional defense committees, that inser-
tion of the new technology— 
(i) is expected to decrease the life-cycle cost of 
the vessel; or 
(ii) is required to meet an emerging threat that 
poses grave harm to national security. 
(D) The amounts of increases or decreases in costs 
required to correct deficiencies that may affect the safety 
of the vessel and personnel or otherwise preclude the vessel 
from safe operations and crew certifications. 
(e) ANNUAL REPORTS.—At the same time that the budget is 
submitted under section 1105(a) of title 31, United States Code, 
for each fiscal year, the Secretary of the Navy shall submit to 
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123 STAT. 2213 
PUBLIC LAW 111–84—OCT. 28, 2009 
the congressional defense committees a report on Littoral Combat 
Ship vessels. Each such report shall include the following: 
(1) The current (as of the date of the report) and projected 
total basic construction costs, Government-furnished equipment 
costs, and other program costs associated with each of the 
Littoral Combat Ships under construction. 
(2) Written notice of any adjustment in the amount set 
forth in subsection (c)(1) made during the preceding fiscal year 
that the Secretary adjusted under the authority provided in 
subsection (d)(2). 
(3) A summary of investment made by the Government 
for cost-reduction initiatives and the projected savings or cost 
avoidance based on those investments. 
(4) A summary of investment made by the construction 
yard to improve efficiency and optimization of construction 
along with the projected savings or cost avoidance based on 
those investments. 
(5) Information, current as of the date of the report, 
regarding— 
(A) the content of any element of the Littoral Combat 
Ship class of vessels that is designated as a mission pack-
age; 
(B) the estimated cost of any such element; and 
(C) the total number of such elements anticipated. 
(f) DEFINITIONS.—In this section: 
(1) The term ‘‘mission package’’ means the interchangeable 
systems that deploy with a Littoral Combat Ship vessel. 
(2) The term ‘‘technical data package’’ means a compilation 
of detailed engineering plans and specifications for construction 
of the vessels. 
(3) The term ‘‘total amount obligated or expended for 
procurement’’, with respect to a Littoral Combat Ship, means 
the sum of the costs of basic construction and Government- 
furnished equipment for the ship. 
(g) CONFORMING REPEAL.—Section 124 of the National Defense 
Authorization Act for Fiscal Year 2006 (Public Law 109–163; 119 
Stat. 3157), as amended by section 125 of the National Defense 
Authorization Act for Fiscal Year 2008 (Public Law 110–181; 122 
Stat. 29) and section 122 of the Duncan Hunter National Defense 
Authorization Act for Fiscal Year 2009 (Public Law 110–417; 122 
Stat. 4376), is repealed. 
SEC. 122. TREATMENT OF LITTORAL COMBAT SHIP PROGRAM AS A 
MAJOR DEFENSE ACQUISITION PROGRAM. 
Effective as of the date of the enactment of this Act, the 
program for the Littoral Combat Ship shall be treated as a major 
defense acquisition program for purposes of chapter 144 of title 
10, United States Code. 
SEC. 123. REPORT ON STRATEGIC PLAN FOR HOMEPORTING THE LIT-
TORAL COMBAT SHIP. 
(a) REPORT REQUIRED.—At the same time that the budget is 
submitted under section 1105(a) of title 31, United States Code, 
for fiscal year 2011, the Secretary of the Navy shall submit to 
the congressional defense committees a report setting forth the 
strategic plan of the Navy for homeporting the Littoral Combat 
Ship on the east coast and west coast of the United States. 
Effective date. 
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123 STAT. 2214 
PUBLIC LAW 111–84—OCT. 28, 2009 
(b) ELEMENTS.—The report required by subsection (a) shall 
include the following: 
(1) An analysis of how the homeporting plan would support 
the requirements of the commanders of the combatant com-
mands, by geographic area of responsibility, for the capabilities 
delivered by Littoral Combat Ships, including the notional 
transit times to the various geographic areas of responsibility. 
(2) An assessment of the effect that each type of Littoral 
Combat Ship would have on each port in which such ship 
could be homeported, including an identification of the infra-
structure required to support each such ship with respect to— 
(A) the availability of pier space with supporting ship 
services infrastructure, taking into account the largest fleet 
size envisioned by the long–term plan for the construction 
of naval vessels submitted for fiscal year 2011; 
(B) the logistical and maintenance support services 
required in any port chosen for the Littoral Combat Ships; 
and 
(C) any investment in naval station infrastructure 
required for homeporting Littoral Combat Ships (including 
a plan for such investment). 
(3) With respect to the projected force structure size of 
the Navy in fiscal year 2020, a graphical depiction of the 
total planned ships berthing in the pier areas of any naval 
facility chosen to homeport Littoral Combat Ships, including 
the identification of the ships berthing plan for the maximum 
number of ships expected in-port at any one time. 
SEC. 124. ADVANCE PROCUREMENT FUNDING. 
(a) ADVANCE PROCUREMENT.—With respect to a naval vessel 
for which amounts are authorized to be appropriated or otherwise 
made available for fiscal year 2010 or any fiscal year thereafter 
for advance procurement in shipbuilding and conversion, Navy, 
the Secretary of the Navy may enter into a contract, in advance 
of a contract for construction of any vessel, for any of the following: 
(1) Components, parts, or materiel. 
(2) Production planning and other related support services 
that reduce the overall procurement lead time of such vessel. 
(b) AIRCRAFT CARRIER DESIGNATED CVN–79.—With respect to 
components of the aircraft carrier designated CVN–79 for which 
amounts are authorized to be appropriated or otherwise made avail-
able for fiscal year 2010 or any fiscal year thereafter for advance 
procurement in shipbuilding and conversion, Navy, the Secretary 
of the Navy may enter into a contract for the advance construction 
of such components if the Secretary determines that cost savings, 
construction efficiencies, or workforce stability may be achieved 
for such aircraft carrier through the use of such contract. 
(c) CONDITION OF OUT-YEAR CONTRACT PAYMENTS.—A contract 
entered into under subsection (b) shall provide that any obligation 
of the United States to make a payment under such contract for 
any fiscal year after fiscal year 2010 is subject to the availability 
of appropriations for that purpose for such fiscal year. 
SEC. 125. PROCUREMENT PROGRAMS FOR FUTURE NAVAL SURFACE 
COMBATANTS. 
(a) LIMITATION ON AVAILABILITY OF FUNDS PENDING REPORTS 
ABOUT SURFACE COMBATANT SHIPBUILDING PROGRAMS.—The Sec-
retary of the Navy may not obligate or expend funds for the 
Deadlines. 
10 USC 7291 
note. 
10 USC 7291 
note. 
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123 STAT. 2215 
PUBLIC LAW 111–84—OCT. 28, 2009 
construction of, or advanced procurement of materials for, a surface 
combatant to be constructed after fiscal year 2011 until the Sec-
retary has submitted to Congress each of the following: 
(1) An acquisition strategy for such surface combatants 
that has been approved by the Under Secretary of Defense 
for Acquisition, Technology, and Logistics. 
(2) Certification that the Joint Requirements Oversight 
Council— 
(A) has been briefed on the acquisition strategy to 
procure such surface combatants; and 
(B) has concurred that such strategy is the best pre-
ferred approach to deliver required capabilities to address 
future threats, as reflected in the latest assessment by 
the defense intelligence community. 
(3) A verification by, and conclusions of, an independent 
review panel that, in evaluating the program or programs con-
cerned, the Secretary of the Navy considered each of the fol-
lowing: 
(A) Modeling and simulation, including war gaming 
conclusions regarding combat effectiveness for the selected 
ship platforms as compared to other reasonable alternative 
approaches. 
(B) Assessments of platform operational availability. 
(C) Life cycle costs, including vessel manning levels, 
to accomplish missions. 
(D) The differences in cost and schedule arising from 
the need to accommodate new sensors and weapons in 
surface combatants to be constructed after fiscal year 2011 
to counter the future threats referred to in paragraph 
(2), when compared with the cost and schedule arising 
from the need to accommodate sensors and weapons on 
surface combatants as contemplated by the 2009 ship-
building plan for the vessels concerned. 
(4) The conclusions of a joint review by the Secretary 
of the Navy and the Director of the Missile Defense Agency 
setting forth additional requirements for investment in Aegis 
ballistic missile defense beyond the number of DDG–51 and 
CG–47 vessels planned to be equipped for this mission area 
in the budget of the President for fiscal year 2010 (as submitted 
to Congress pursuant to section 1105 of title 31, United States 
Code). 
(b) FUTURE SURFACE COMBATANT ACQUISITION STRATEGY.—Not 
later than the date upon which the President submits to Congress 
the budget for fiscal year 2012 (as so submitted), the Secretary 
of the Navy shall submit to the congressional defense committees 
an update to the open architecture report to Congress that reflects 
the Navy’s combat systems acquisition plans for the surface combat-
ants to be procured in fiscal year 2012 and fiscal years thereafter. 
(c) NAVAL SURFACE FIRE SUPPORT.—Not later than 120 days 
after the enactment of this Act, the Secretary of the Navy shall 
submit to the congressional defense committees an update to the 
March 2006 Report to Congress on Naval Surface Fire Support. 
The update shall identify how the Department of Defense intends 
to address any shortfalls between required naval surface fire sup-
port capability and the plan of the Navy to provide that capability. 
The update shall include addenda by the Chief of Naval Operations 
Reports. 
Reports. 
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123 STAT. 2216 
PUBLIC LAW 111–84—OCT. 28, 2009 
and Commandant of the Marine Corps, as was the case in the 
2006 report. 
(d) TECHNOLOGY ROADMAP FOR FUTURE SURFACE COMBATANTS 
AND FLEET MODERNIZATION.— 
(1) IN GENERAL.—Not later than 120 days after the date 
of the enactment of this Act, the Secretary of the Navy shall 
develop a plan to incorporate into surface combatants con-
structed after 2011, and into fleet modernization programs, 
the technologies developed for the DDG–1000 destroyer and 
the DDG–51 and CG–47 Aegis ships, including technologies 
and systems designed to achieve significant manpower savings. 
(2) SCOPE OF PLAN.—The plan required by paragraph (1) 
shall include sufficient detail for systems and subsystems to 
ensure that the plan— 
(A) avoids redundant development for common func-
tions; 
(B) reflects implementation of Navy plans for achieving 
an open architecture for all naval surface combat systems; 
and 
(C) fosters competition. 
(e) DEFINITIONS.—In this section: 
(1) The term ‘‘2009 shipbuilding plan’’ means the 30-year 
shipbuilding plan submitted to Congress pursuant to section 
231, title 10, United States Code, together with the budget 
of the President for fiscal year 2009 (as submitted to Congress 
pursuant to section 1105 of title 31, United States Code). 
(2) The term ‘‘surface combatant’’ means a cruiser, a 
destroyer, or any naval vessel, excluding Littoral Combat Ships, 
under a program currently designated as a future surface 
combatant program. 
SEC. 126. FORD-CLASS AIRCRAFT CARRIER REPORT. 
Not later than February 1, 2010, the Secretary of the Navy 
shall submit to the congressional defense committees a report on 
the effects of using a five-year interval for the construction of 
Ford-class aircraft carriers. The report shall include, at a minimum, 
an assessment of the effects of such five-year interval on the fol-
lowing: 
(1) With respect to the supplier base— 
(A) the viability of the base, including suppliers exiting 
the market or other potential reductions in competition; 
and 
(B) cost increases to the Ford-class aircraft carrier 
program. 
(2) Training of individuals in trades related to ship 
construction. 
(3) Loss of expertise associated with ship construction. 
(4) The costs of— 
(A) any additional technical support or production plan-
ning associated with the start of construction; 
(B) material and labor; 
(C) overhead; and 
(D) other ship construction programs, including the 
costs of existing and future contracts. 
Plans. 
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123 STAT. 2217 
PUBLIC LAW 111–84—OCT. 28, 2009 
SEC. 127. REPORT ON A SERVICE LIFE EXTENSION PROGRAM FOR 
OLIVER HAZARD PERRY CLASS FRIGATES. 
Not later than 90 days after the date of the enactment of 
this Act, the Secretary of the Navy shall submit to the congressional 
defense committees a report setting forth the following: 
(1) A detailed analysis of a service life extension program 
for the Oliver Hazard Perry class frigates, including— 
(A) the cost of the program; 
(B) a notional schedule for the program; and 
(C) the shipyards available to carry out the work under 
the program. 
(2) The strategic plan of the Navy for— 
(A) the manner in which the Littoral Combat Ship 
will fulfill the roles and missions currently performed by 
the Oliver Hazard Perry class frigates as such frigates 
are decommissioned; and 
(B) the year-by-year planned commissioning of Littoral 
Combat Ships and planned decommissioning of Oliver 
Hazard Perry class frigates through the projected service 
life of the Oliver Hazard Perry class frigates. 
(3) An analysis of the necessary procurement rates of Lit-
toral Combat Ships if the extension of the service life of the 
Oliver Hazard Perry class frigates alleviates capability gaps 
caused by a delay in the procurement rates of Littoral Combat 
Ships. 
(4) A description of the manner in which the Navy has 
met the requirements of the United States Southern Command 
over time, including the assets and vessels the Navy has 
deployed for military-to-military engagements, UNITAS exer-
cises, and counterdrug operations in support of the Commander 
of the United States Southern Command during the five-year 
period ending on the date of the report. 
SEC. 128. CONDITIONAL MULTIYEAR PROCUREMENT AUTHORITY FOR 
F/A–18E, F/A–18F, OR EA–18G AIRCRAFT. 
(a) AUTHORITY FOR MULTIYEAR PROCUREMENT.— 
(1) IN GENERAL.—Subject to section 2306b of title 10, United 
States Code, the Secretary of the Navy may enter into a 
multiyear contract for the procurement of F/A–18E, F/A–18F, 
or EA–18G aircraft. 
(2) SUBMISSION OF WRITTEN CERTIFICATION BY SECRETARY 
OF DEFENSE.—For purposes of paragraph (1), the term ‘‘March 
1 of the year in which the Secretary requests legislative 
authority to enter into such contract’’ in section 2306b(i)(1) 
of such title shall be deemed to be a reference to March 1, 
2010. 
(b) CONTRACT REQUIREMENT.—A multiyear contract entered 
into under subsection (a) shall provide that any obligation of the 
United States to make a payment under the contract is subject 
to the availability of appropriations for that purpose. 
(c) REPORT OF FINDINGS.—In addition to any reports or certifi-
cations required by section 2306b of title 10, United States Code, 
not later than March 1, 2010, the Secretary of Defense shall submit 
to the congressional defense committees a report on how the 
findings and conclusions of the quadrennial defense review under 
section 118 of such title and the 30-year aviation plan under section 
231a of such title have informed the acquisition strategy of the 
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123 STAT. 2218 
PUBLIC LAW 111–84—OCT. 28, 2009 
Secretary with regard to the F/A–18E, F/A–18F, and EA–18G air-
craft programs of record. 
(d) SUNSET.— 
(1) TERMINATION DATE.—Except as provided in paragraph 
(2), the authority to enter into a multiyear contract under 
subsection (a) shall terminate on May 1, 2010. 
(2) EXTENSION.—The Secretary of the Navy may enter into 
a multiyear contract under subsection (a) until September 30, 
2010, if the Secretary notifies the congressional defense commit-
tees in writing— 
(A) that the administrative processes or other con-
tracting activities necessary for executing this authority 
cannot be completed before May 1, 2010; and 
(B) of the date, on or before September 30, 2010, on 
which the Secretary plans to enter into such multiyear 
contract. 
Subtitle D—Air Force Programs 
SEC. 131. REPORT ON THE PROCUREMENT OF 4.5 GENERATION 
FIGHTER AIRCRAFT. 
(a) IN GENERAL.—Not later than 90 days after the date of 
the enactment of this Act, the Secretary of Defense shall submit 
to the congressional defense committees a report on the procurement 
of 4.5 generation fighter aircraft. The report shall include the fol-
lowing: 
(1) The number of 4.5 generation fighter aircraft needed 
to be procured during fiscal years 2011 through 2025 to fulfill 
the requirement of the Air Force to maintain not less than 
2,200 tactical fighter aircraft. 
(2) The estimated procurement costs for those aircraft if 
procured through annual procurement contracts. 
(3) The estimated procurement costs for those aircraft if 
procured through multiyear procurement contracts. 
(4) The estimated savings that could be derived from the 
procurement of those aircraft through a multiyear procurement 
contract, and whether the Secretary determines the amount 
of those savings to be substantial. 
(5) A discussion comparing the costs and benefits of 
obtaining those aircraft through annual procurement contracts 
with the costs and benefits of obtaining those aircraft through 
a multiyear procurement contract. 
(6) A discussion regarding the availability and feasibility 
of procuring F–35 aircraft to proportionally and concurrently 
recapitalize the Air National Guard during fiscal years 2015 
through fiscal year 2025. 
(b) 4.5 GENERATION FIGHTER AIRCRAFT DEFINED.—In this sec-
tion, the term ‘‘4.5 generation fighter aircraft’’ means current fighter 
aircraft, including the F–15, F–16, and F–18, that— 
(1) have advanced capabilities, including— 
(A) AESA radar; 
(B) high capacity data-link; and 
(C) enhanced avionics; and 
(2) have the ability to deploy current and reasonably 
foreseeable advanced armaments. 
Notification. 
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123 STAT. 2219 
PUBLIC LAW 111–84—OCT. 28, 2009 
SEC. 132. REVISED AVAILABILITY OF CERTAIN FUNDS AVAILABLE FOR 
THE F–22A FIGHTER AIRCRAFT. 
(a) REPEAL OF AUTHORITY ON AVAILABILITY OF FISCAL YEAR 
2009 FUNDS.—Section 134 of the Duncan Hunter National Defense 
Authorization Act for Fiscal Year 2009 (Public Law 110–417; 122 
Stat. 4378) is repealed. 
(b) AVAILABILITY OF ADVANCE PROCUREMENT FUNDS FOR OTHER 
F–22A AIRCRAFT MODERNIZATION PRIORITIES.—Subject to the provi-
sions of appropriations Acts and applicable requirements relating 
to the transfer of funds, the Secretary of the Air Force may transfer 
amounts authorized to be appropriated for fiscal year 2009 by 
section 103(1) of the Duncan Hunter National Defense Authoriza-
tion Act for Fiscal Year 2009 (Public Law 110–417; 122 Stat. 4373) 
for aircraft procurement for the Air Force and available for advance 
procurement for the F–22A fighter aircraft within that subaccount 
or to other subaccounts for aircraft procurement for the Air Force 
for purposes of providing funds for other modernization priorities 
with respect to the F–22A fighter aircraft. 
SEC. 133. PRESERVATION AND STORAGE OF UNIQUE TOOLING FOR 
F–22 FIGHTER AIRCRAFT. 
(a) PLAN.—The Secretary of the Air Force shall develop a plan 
for the preservation and storage of unique tooling related to the 
production of hardware and end items for F–22 fighter aircraft. 
The plan shall— 
(1) ensure that the Secretary preserves and stores required 
tooling in a manner that— 
(A) allows the production of such hardware and end 
items to be restarted after a period of idleness; and 
(B) provides for the long-term sustainment and repair 
of such hardware and end items; 
(2) with respect to the supplier base of such hardware 
and end items, identify the costs of restarting production; and 
(3) identify any contract modifications, additional facilities, 
or funding that the Secretary determines necessary to carry 
out the plan. 
(b) RESTRICTION ON THE USE OF FUNDS.—None of the amounts 
authorized to be appropriated by this Act or otherwise made avail-
able for fiscal year 2010 for aircraft procurement, Air Force, for 
F–22 fighter aircraft may be obligated or expended for activities 
related to disposing of F–22 production tooling until a period of 
45 days has elapsed after the date on which the Secretary submits 
to Congress a report describing the plan required by subsection 
(a). 
SEC. 134. AC–130 GUNSHIPS. 
(a) REPORT ON REDUCTION IN SERVICE LIFE IN CONNECTION 
WITH ACCELERATED DEPLOYMENT.—Not later than 90 days after 
the date of the enactment of this Act, the Secretary of the Air 
Force, in consultation with the Commander of the United States 
Special Operations Command, shall submit to the congressional 
defense committees an assessment of the reduction in the service 
life of AC–130 gunships of the Air Force as a result of the acceler-
ated deployments of such gunships that are anticipated during 
the seven- to ten-year period beginning with the date of the enact-
ment of this Act, assuming that operating tempo continues at 
Deadline. 
Reports. 
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123 STAT. 2220 
PUBLIC LAW 111–84—OCT. 28, 2009 
a rate per year that is similar to the average rate per year of 
the five years preceding the date of the report. 
(b) ELEMENTS.—The report required by subsection (a) shall 
include the following: 
(1) An estimate by series of the maintenance costs for 
the AC–130 gunships during the period described in subsection 
(a), including any major airframe and engine overhauls of such 
aircraft anticipated during that period. 
(2) A description by series of the age, serviceability, and 
capabilities of the armament systems of the AC–130 gunships. 
(3) An estimate by series of the costs of modernizing the 
armament systems of the AC–130 gunships to achieve any 
necessary capability improvements. 
(4) A description by series of the age and capabilities of 
the electronic warfare systems of the AC–130 gunships, and 
an estimate of the cost of upgrading such systems during that 
period to achieve any necessary capability improvements. 
(5) A description by series of the age of the avionics systems 
of the AC–130 gunships and an estimate of the cost of 
upgrading such systems during that period to achieve any 
necessary capability improvements. 
(c) FORM.—The report required by subsection (a) shall be sub-
mitted in unclassified form, but may include a classified annex. 
(d) ANALYSIS
OF ALTERNATIVES.—The Secretary of the Air 
Force, in consultation with the Commander of the United States 
Special Operations Command, shall conduct an analysis of alter-
natives for any gunship modernization requirements identified by 
the 2009 quadrennial defense review under section 118 of title 
10, United States Code. The results of the analysis of alternatives 
shall be provided to the congressional defense committees not later 
than 18 months after the completion of the 2009 quadrennial 
defense review. 
SEC. 135. REPORT ON E–8C JOINT SURVEILLANCE AND TARGET 
ATTACK RADAR SYSTEM RE-ENGINING. 
(a) IN GENERAL.—Not later than 90 days after the date of 
the enactment of this Act, the Secretary of the Air Force shall 
submit to the congressional defense committees a report on 
replacing the engines of E-8C Joint Surveillance and Target Attack 
Radar System aircraft (in this section referred to as ‘‘Joint STARS 
aircraft’’). The report shall include the following: 
(1) An assessment of funding alternatives and options for 
accelerating funding for the fielding of Joint STARS aircraft 
with replaced engines. 
(2) An analysis of the tradeoffs involved in the decision 
to replace the engines of Joint STARS aircraft or not to replace 
those engines, including the potential cost savings from 
replacing those engines and the operational impacts of not 
replacing those engines. 
(3) An identification of the optimum path forward for 
replacing the engines of Joint STARS aircraft and modernizing 
the Joint STARS fleet. 
(b) LIMITATION ON CERTAIN ACTIONS.—The Secretary of the 
Air Force may not take any action that would adversely impact 
the pace of the execution of the program to replace the engines 
of Joint STARS aircraft before submitting the report required by 
subsection (a). 
Deadline. 
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123 STAT. 2221 
PUBLIC LAW 111–84—OCT. 28, 2009 
SEC. 136. REPEAL OF REQUIREMENT TO MAINTAIN CERTAIN RETIRED 
C–130E AIRCRAFT. 
Section 134 of the National Defense Authorization Act for Fiscal 
Year 2008 (Public Law 110–181; 122 Stat. 31) is amended— 
(1) by striking subsection (c); 
(2) by redesignating subsection (d) as subsection (c); and 
(3) in subsection (b), by striking ‘‘subsection (d)’’ and 
inserting ‘‘subsection (c)’’. 
SEC. 137. LIMITATION ON RETIREMENT OF C–5 AIRCRAFT. 
(a) LIMITATION.—The Secretary of the Air Force may not pro-
ceed with a decision to retire C–5A aircraft from the active inventory 
of the Air Force in any number that would reduce the total number 
of such aircraft in the active inventory below 111 until— 
(1) the Air Force has modified a C–5A aircraft to the 
configuration referred to as the Reliability Enhancement and 
Reengining Program (RERP) configuration, as planned under 
the C–5 System Development and Demonstration program as 
of May 1, 2003; and 
(2) the Director of Operational Test and Evaluation of 
the Department of Defense— 
(A) conducts an operational evaluation of that aircraft, 
as so modified; and 
(B) provides to the Secretary of Defense and the 
congressional defense committees an operational assess-
ment. 
(b) OPERATIONAL EVALUATION.—An operational evaluation for 
purposes of paragraph (2)(A) of subsection (a) is an evaluation, 
conducted during operational testing and evaluation of the aircraft, 
as so modified, of the performance of the aircraft with respect 
to reliability, maintainability, and availability and with respect 
to critical operational issues. 
(c) OPERATIONAL ASSESSMENT.—An operational assessment for 
purposes of paragraph (2)(B) of subsection (a) is an operational 
assessment of the program to modify C–5A aircraft to the configura-
tion referred to in subsection (a)(1) regarding both overall suitability 
and deficiencies of the program to improve performance of the 
C–5A aircraft relative to requirements and specifications for reli-
ability, maintainability, and availability of that aircraft as in effect 
on May 1, 2003. 
(d) ADDITIONAL LIMITATIONS ON RETIREMENT OF AIRCRAFT.— 
The Secretary of the Air Force may not retire C–5 aircraft from 
the active inventory as of the date of the enactment of this Act 
until the later of the following: 
(1) The date that is 90 days after the date on which 
the Director of Operational Test and Evaluation submits the 
report referred to in subsection (a)(2)(B). 
(2) The date that is 90 days after the date on which 
the Secretary submits the report required under subsection 
(e). 
(3) The date that is 30 days after the date on which 
the Secretary certifies to the congressional defense committees 
that— 
(A) the retirement of such aircraft will not increase 
the operational risk of meeting the National Defense 
Strategy; and 
Certification. 
Deadlines. 
Assessment. 
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123 STAT. 2222 
PUBLIC LAW 111–84—OCT. 28, 2009 
(B) the retirement of such aircraft will not reduce 
the total strategic airlift force structure below 316 strategic 
airlift aircraft. 
(e) REPORT ON RETIREMENT OF AIRCRAFT.—The Secretary of 
the Air Force shall submit to the congressional defense committees 
a report setting forth the following: 
(1) The rationale for the retirement of existing C–5 aircraft 
and a cost-benefit analysis of alternative strategic airlift force 
structures, including the force structure that would result from 
the retirement of such aircraft. 
(2) An updated assessment to the assessment of the Under 
Secretary for Acquisition, Technology, and Logistics certified 
on February 14, 2008, concerning the costs and benefits of 
applying the Reliability Enhancement and Re-engining Pro-
gram (RERP) modification to the entire the C–5A aircraft fleet. 
(3) An assessment of the implications for the Air Force, 
the Air National Guard, and the Air Force Reserve of operating 
a mix of C–5A aircraft and C–5M aircraft. 
(4) An assessment of the costs and benefits of increasing 
the number of C–5 aircraft in Back-up Aircraft Inventory (BAI) 
status as a hedge against future requirements of such aircraft. 
(5) An assessment of the costs, benefits, and implications 
of transferring C–5 aircraft to United States flag carriers oper-
ating in the Civil Reserve Air Fleet (CRAF) program or to 
coalition partners in lieu of the retirement of such aircraft. 
(6) Such other matters relating to the retirement of C– 
5 aircraft as the Secretary considers appropriate. 
SEC. 138. REPORTS ON STRATEGIC AIRLIFT AIRCRAFT. 
At least 90 days before the date on which a C–5 aircraft 
is retired, the Secretary of the Air Force, in consultation with 
the Director of the Air National Guard, shall submit to the congres-
sional defense committees a report on the proposed force structure 
and basing of strategic airlift aircraft (as defined in section 
8062(g)(2) of title 10, United States Code). Each report shall include 
the following: 
(1) A list of each aircraft in the inventory of strategic 
airlift aircraft, including for each such aircraft— 
(A) the type; 
(B) the variant; and 
(C) the military installation where such aircraft is 
based. 
(2) A list of each strategic airlift aircraft proposed for 
retirement, including for each such aircraft— 
(A) the type; 
(B) the variant; and 
(C) the military installation where such aircraft is 
based. 
(3) A list of each unit affected by a proposed retirement 
listed under paragraph (2) and how such unit is affected. 
(4) For each military installation listed under paragraph 
(2)(C), changes, if any, to the mission of the installation as 
a result of a proposed retirement. 
(5) Any anticipated reductions in manpower as a result 
of a proposed retirement listed under paragraph (2). 
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123 STAT. 2223 
PUBLIC LAW 111–84—OCT. 28, 2009 
SEC. 139. STRATEGIC AIRLIFT FORCE STRUCTURE. 
Subsection (g)(1) of section 8062 of title 10, United States 
Code, is amended— 
(1) by striking ‘‘2008’’ and inserting ‘‘2009’’; and 
(2) by striking ‘‘299’’ and inserting ‘‘316’’. 
Subtitle E—Joint and Multiservice Matters 
SEC. 141. BODY ARMOR PROCUREMENT. 
(a) PROCUREMENT.—The Secretary of Defense shall ensure that 
body armor is procured using funds authorized to be appropriated 
by this title. 
(b) PROCUREMENT LINE ITEM.—In the budget materials sub-
mitted to the President by the Secretary of Defense in connection 
with the submission to Congress, pursuant to section 1105 of title 
31, United States Code, of the budget for fiscal year 2011, and 
each subsequent fiscal year, the Secretary shall ensure that within 
each military department procurement account, a separate, dedi-
cated procurement line item is designated for body armor. 
SEC. 142. UNMANNED CARGO-CARRYING-CAPABLE AERIAL VEHICLES. 
None of the amounts authorized to be appropriated for procure-
ment may be obligated or expended for an unmanned cargo-car-
rying-capable aerial vehicle until a period of 15 days has elapsed 
after the date on which the Vice Chairman of the Joint Chiefs 
of Staff and the Under Secretary of Defense for Acquisition, Tech-
nology, and Logistics certify to the congressional defense committees 
that the Joint Requirements Oversight Council has approved a 
joint and common requirement for an unmanned cargo-carrying- 
capable aerial vehicle type. 
SEC. 143. MODIFICATION OF NATURE OF DATA LINK FOR USE BY TAC-
TICAL UNMANNED AERIAL VEHICLES. 
Section 141(a)(1) of the National Defense Authorization Act 
for Fiscal Year 2006 (Public Law 109–163; 119 Stat. 3164) is 
amended by striking ‘‘, until such time as the Tactical Common 
Data Link standard is replaced by an updated standard for use 
by those vehicles’’ and inserting ‘‘or a data link that uses waveform 
capable of transmitting and receiving Internet Protocol communica-
tions’’. 
TITLE II—RESEARCH, DEVELOPMENT, 
TEST, AND EVALUATION 
Subtitle A—Authorization of Appropriations 
Sec. 201. Authorization of appropriations. 
Sec. 202. Relation to funding table. 
Subtitle B—Program Requirements, Restrictions, and Limitations 
Sec. 211. Extension and enhancement of Global Research Watch Program. 
Sec. 212. Permanent authority for the Joint Defense Manufacturing Technology 
Panel. 
Sec. 213. Elimination of report requirements regarding Defense Science and Tech-
nology Program. 
Sec. 214. Authorization for the Secretary of the Navy to purchase infrastructure 
and Government purpose rights license associated with the Navy-Ma-
rine Corps intranet. 
Deadline. 
Certification. 
10 USC 221 note. 
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123 STAT. 2224 
PUBLIC LAW 111–84—OCT. 28, 2009 
Sec. 215. Limitation on expenditure of funds for Joint Multi-Mission Submersible 
program. 
Sec. 216. Separate program elements required for research and development of in-
dividual body armor and associated components. 
Sec. 217. Separate procurement and research, development, test, and evaluation 
line items and program elements for the F-35B and F-35C joint strike 
fighter aircraft. 
Sec. 218. Restriction on obligation of funds for Army tactical ground network pro-
gram pending receipt of report. 
Sec. 219. Programs for ground combat vehicle and self-propelled howitzer capabili-
ties for the Army. 
Sec. 220. Guidance on budget justification materials describing funding requested 
for operation, sustainment, modernization, and personnel of major 
ranges and test facilities. 
Sec. 221. Assessment of technological maturity and integration risk of Army mod-
ernization programs. 
Sec. 222. Assessment of activities for technology modernization of the combat vehi-
cle and armored tactical wheeled vehicle fleets. 
Subtitle C—Missile Defense Programs 
Sec. 231. Sense of Congress on ballistic missile defense. 
Sec. 232. Assessment and plan for the Ground-based Midcourse Defense element of 
the Ballistic Missile Defense System. 
Sec. 233. Continued production of Ground-based Interceptor missile and operation 
of Missile Field 1 at Fort Greely, Alaska. 
Sec. 234. Limitation on availability of funds for acquisition or deployment of missile 
defenses in Europe. 
Sec. 235. Authorization of funds for development and deployment of alternative 
missile defense systems in Europe. 
Sec. 236. Comprehensive plan for test and evaluation of the ballistic missile de-
fense system. 
Sec. 237. Study on discrimination capabilities of ballistic missile defense system. 
Sec. 238. Ascent phase missile defense strategy and plan. 
Sec. 239. Extension of deadline for study on boost-phase missile defense. 
Subtitle D—Reports 
Sec. 241. Repeal of requirement for biennial joint warfighting science and tech-
nology plan. 
Sec. 242. Modification of reporting requirement for defense nanotechnology re-
search and development program. 
Sec. 243. Comptroller General assessment of coordination of energy storage device 
requirements, purchases, and investments. 
Sec. 244. Annual Comptroller General report on the F–35 Lightning II aircraft ac-
quisition program. 
Sec. 245. Report on integration of Department of Defense intelligence, surveillance, 
and reconnaissance capabilities. 
Sec. 246. Report on future research and development of man-portable and vehicle- 
mounted guided missile systems. 
Sec. 247. Report on the development of command and control systems. 
Sec. 248. Evaluation of Extended Range Modular Sniper Rifle Systems. 
Subtitle E—Other Matters 
Sec. 251. Enhancement of duties of Director of Department of Defense Test Re-
source Management Center with respect to the Major Range and Test 
Facility Base. 
Sec. 252. Establishment of program to enhance participation of historically black 
colleges and universities and minority-serving institutions in defense re-
search programs. 
Sec. 253. Extension of authority to award prizes for advanced technology achieve-
ments. 
Sec. 254. Authority for National Aeronautics and Space Administration federally 
funded research and development centers to participate in merit-based 
technology research and development programs. 
Sec. 255. Next generation bomber aircraft. 
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123 STAT. 2225 
PUBLIC LAW 111–84—OCT. 28, 2009 
Subtitle A—Authorization of 
Appropriations 
SEC. 201. AUTHORIZATION OF APPROPRIATIONS. 
Funds are hereby authorized to be appropriated for fiscal year 
2010 for the use of the Department of Defense for research, develop-
ment, test, and evaluation as follows: 
(1) For the Army, $10,638,534,000. 
(2) For the Navy, $19,607,161,000. 
(3) For the Air Force, $28,401,642,000. 
(4) For Defense-wide activities, $20,604,271,000, of which 
$190,770,000 is authorized for the Director of Operational Test 
and Evaluation. 
SEC. 202. RELATION TO FUNDING TABLE. 
The amounts authorized to be appropriated by section 201 
shall be available, in accordance with the requirements of section 
4001, for projects, programs, and activities, and in the amounts, 
specified in the funding table in section 4201. 
Subtitle B—Program Requirements, 
Restrictions, and Limitations 
SEC. 211. EXTENSION AND ENHANCEMENT OF GLOBAL RESEARCH 
WATCH PROGRAM. 
(a) LIMITATION ON AVAILABILITY OF CERTAIN FUNDS FOR MILI-
TARY DEPARTMENTS PENDING PROVISION
OF ASSISTANCE UNDER 
PROGRAM.—Subsection (d) of section 2365 of title 10, United States 
Code, is amended by adding at the end the following new paragraph: 
‘‘(3)(A) Funds available to a military department for a fiscal 
year for monitoring or analyzing the research activities and capabili-
ties of foreign nations may not be obligated or expended until 
the Director certifies to the Under Secretary of Defense for Acquisi-
tion, Technology, and Logistics that the Secretary of such military 
department has provided the assistance required under paragraph 
(2). 
‘‘(B) The limitation in subparagraph (A) shall not be construed 
to alter or effect the availability to a military department of funds 
for intelligence activities.’’. 
(b) FOUR-YEAR EXTENSION OF PROGRAM.—Subsection (f) of such 
section is amended by striking ‘‘September 30, 2011’’ and inserting 
‘‘September 30, 2015’’. 
SEC. 212. PERMANENT AUTHORITY FOR THE JOINT DEFENSE MANU-
FACTURING TECHNOLOGY PANEL. 
Section 2521 of title 10, United States Code, is amended— 
(1) by redesignating subsection (e) as subsection (f); and 
(2) by inserting after subsection (d) the following new sub-
section (e): 
‘‘(e) JOINT DEFENSE MANUFACTURING TECHNOLOGY PANEL.— 
(1) There is in the Department of Defense the Joint Defense Manu-
facturing Technology Panel. 
‘‘(2)(A) The Chair of the Joint Defense Manufacturing Tech-
nology Panel shall be the head of the Panel. The Chair shall 
be appointed, on a rotating basis, from among the appropriate 
Certification. 
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123 STAT. 2226 
PUBLIC LAW 111–84—OCT. 28, 2009 
personnel of the military departments and Defense Agencies with 
manufacturing technology programs. 
‘‘(B) The Panel shall be composed of at least one individual 
from among appropriate personnel of each military department 
and Defense Agency with manufacturing technology programs. The 
Panel may include as ex-officio members such individuals from 
other government organizations, academia, and industry as the 
Chair considers appropriate. 
‘‘(3) The purposes of the Panel shall be as follows: 
‘‘(A) To identify and integrate requirements for the pro-
gram. 
‘‘(B) To conduct joint planning for the program. 
‘‘(C) To develop joint strategies for the program. 
‘‘(4) In carrying out the purposes specified in paragraph (3), 
the Panel shall perform the functions as follows: 
‘‘(A) Conduct comprehensive reviews and assessments of 
defense-related manufacturing issues being addressed by the 
manufacturing technology programs and related activities of 
the Department of Defense. 
‘‘(B) Execute strategic planning to identify joint planning 
opportunities for increased cooperation in the development and 
implementation of technological products and the leveraging 
of funding for such purposes with the private sector and other 
government agencies. 
‘‘(C) Ensure the integration and coordination of require-
ments and programs under the program with the Office of 
the Secretary of Defense and other national-level initiatives, 
including the establishment of information exchange processes 
with other government agencies, private industry, academia, 
and professional associations. 
‘‘(D) Conduct such other functions as the Under Secretary 
of Defense for Acquisition, Technology, and Logistics shall 
specify. 
‘‘(5) The Panel shall report to and receive direction from the 
Director of Defense Research and Engineering on manufacturing 
technology issues of multi-service concern and application. 
‘‘(6) The administrative expenses of the Panel shall be borne 
by each military department and Defense Agency with manufac-
turing technology programs in such manner as the Panel shall 
provide.’’. 
SEC. 213. ELIMINATION OF REPORT REQUIREMENTS REGARDING 
DEFENSE SCIENCE AND TECHNOLOGY PROGRAM. 
Section 212 of the National Defense Authorization Act for Fiscal 
Year 2000 (10 U.S.C. 2501 note) is repealed. 
SEC. 214. AUTHORIZATION FOR THE SECRETARY OF THE NAVY TO 
PURCHASE INFRASTRUCTURE AND GOVERNMENT PUR-
POSE RIGHTS LICENSE ASSOCIATED WITH THE NAVY- 
MARINE CORPS INTRANET. 
(a) PURCHASES AUTHORIZED.—The Secretary of the Navy may 
enter into one or more contracts for the purchase of infrastructure 
and Government purpose rights for any or all technical data, com-
puter software, and computer software documentation used or cre-
ated under the Navy-Marine Corps Intranet multiyear contract, 
as in effect on the date of the enactment of this Act, if the Secretary 
determines that such a purchase would be in the best interest 
of the Department of the Navy. 
Repeal. 
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123 STAT. 2227 
PUBLIC LAW 111–84—OCT. 28, 2009 
(b) CONTRACT REQUIREMENTS.—Under a contract entered into 
under this section, the Secretary may purchase any discrete compo-
nent or item of technical data, computer software, or computer 
software documentation of the Navy-Marine Corps Intranet and 
may obligate the Government only to amounts provided in advance 
in appropriations Acts specifically for the purpose of the contract. 
This section shall not apply to any purchases using funds available 
to the Department of the Navy for any fiscal year that begins 
before October 1, 2010. 
(c) LIMITATION.—A contract entered into under this section 
may not, in any way, commit the Secretary or the Government 
to purchase any additional components or other items of technical 
data, computer software, or computer software documentation in 
subsequent years. 
(d) LIMITATION ON LIABILITY.—A contract entered into under 
this section shall limit the amount of Government liability under 
the contract to the amount of appropriations available for such 
purpose at the time the Secretary enters into the contract or on 
the date an option is exercised. 
(e) PURCHASE BEFORE END
OF CONTRACT PERIOD.—Nothing 
in this section and nothing in any contract entered into under 
this section shall preclude the Secretary from purchasing the infra-
structure and Government purpose rights for all technical data, 
computer software, and computer software documentation used or 
created under the Navy-Marine Corps Intranet multiyear contract, 
as in effect on the date of the enactment of this Act, prior to 
the end of the contract period, for whatever reason the Secretary 
determine is appropriate. 
SEC. 215. LIMITATION ON EXPENDITURE OF FUNDS FOR JOINT MULTI- 
MISSION SUBMERSIBLE PROGRAM. 
None of the funds authorized to be appropriated by this or 
any other Act for fiscal year 2010 may be obligated or expended 
for the Joint Multi-Mission Submersible program to proceed beyond 
Milestone B approval (as that term is defined in section 2366(e)(7) 
of title 10, United States Code) until the Secretary of Defense, 
in consultation with the Director of National Intelligence— 
(1) completes an assessment on the feasibility of a cost- 
sharing agreement between the Department of Defense and 
the intelligence community (as that term is defined in section 
3(4) of the National Security Act of 1947 (50 U.S.C. 401a(4))), 
for the Joint Multi-Mission Submersible program; 
(2) submits to the congressional defense committees and 
the intelligence committees (as that term is defined in section 
3(7) of the National Security Act of 1947 (50 U.S.C. 401a(7)) 
the assessment referred to in paragraph (1); and 
(3) certifies to the congressional defense committees and 
the intelligence committees that any agreement developed 
pursuant to the assessment referred to in paragraph (1) rep-
resents the most effective and affordable means of delivery 
for meeting a validated program requirement. 
SEC. 216. SEPARATE PROGRAM ELEMENTS REQUIRED FOR RESEARCH 
AND DEVELOPMENT OF INDIVIDUAL BODY ARMOR AND 
ASSOCIATED COMPONENTS. 
In the budget materials submitted to the President by the 
Secretary of Defense in connection with the submission to Congress, 
pursuant to section 1105 of title 31, United States Code, of the 
10 USC 221 note. 
Certification. 
Assessment. 
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123 STAT. 2228 
PUBLIC LAW 111–84—OCT. 28, 2009 
budget for fiscal year 2011, and each subsequent fiscal year, the 
Secretary shall ensure that within each research, development, 
test, and evaluation account of each military department a separate, 
dedicated program element is assigned to the research and develop-
ment of individual body armor and associated components. 
SEC. 217. SEPARATE PROCUREMENT AND RESEARCH, DEVELOPMENT, 
TEST, AND EVALUATION LINE ITEMS AND PROGRAM ELE-
MENTS FOR THE F-35B AND F-35C JOINT STRIKE FIGHTER 
AIRCRAFT. 
In the budget materials submitted to the President by the 
Secretary of Defense in connection with the submission to Congress, 
pursuant to section 1105 of title 31, United States Code, of the 
budget for fiscal year 2011, and each subsequent fiscal year, the 
Secretary shall ensure that within the Navy research, development, 
test, and evaluation account and the Navy aircraft procurement 
account, a separate, dedicated line item and program element is 
assigned to each of the F-35B aircraft and the F-35C aircraft, 
to the extent that such accounts include funding for each such 
aircraft. 
SEC. 218. RESTRICTION ON OBLIGATION OF FUNDS FOR ARMY TAC-
TICAL GROUND NETWORK PROGRAM PENDING RECEIPT 
OF REPORT. 
(a) LIMITATION ON OBLIGATION OF RESEARCH AND DEVELOPMENT 
FUNDING.—Of the funds authorized to be appropriated by this Act 
or otherwise made available for fiscal year 2010 for research and 
development for the Army, for the program elements specified in 
subsection (c), not more than 50 percent may be obligated or 
expended until 30 days after the Under Secretary of Defense for 
Acquisition, Technology, and Logistics submits to Congress a report 
on the acquisition strategy, requirements, and cost estimates for 
the Army tactical ground network program. 
(b) ARMY TACTICAL GROUND NETWORK PROGRAM DEFINED.— 
For the purposes of subsection (a), the term ‘‘Army tactical ground 
network program’’ means the new tactical ground network major 
defense acquisition program derived from the Future Combat Sys-
tems Brigade Combat Team program network, and directed to be 
initiated by the memorandum entitled ‘‘Future Combat Systems 
Brigade Combat Team Acquisition Decision Memorandum’’, which 
was signed by the Under Secretary of Defense for Acquisition, 
Technology, and Logistics on June 23, 2009. 
(c) ARMY TACTICAL GROUND NETWORK PROGRAM ELEMENTS 
SPECIFIED.—The program elements specified in this subsection are 
the following: 
(1) Future Combat Systems of Systems Engineering and 
Program Management. 
(2) Future Combat Systems Sustainment and Training 
Research and Development. 
(3) Any other program element specified by the Secretary 
of Defense to fund the Army tactical ground network program. 
SEC. 219. PROGRAMS FOR GROUND COMBAT VEHICLE AND SELF-PRO-
PELLED HOWITZER CAPABILITIES FOR THE ARMY. 
(a) PROGRAMS REQUIRED.— 
(1) IN GENERAL.—The Secretary of Defense shall carry out 
a separate program to achieve each of the following: 
10 USC 221 note. 
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123 STAT. 2229 
PUBLIC LAW 111–84—OCT. 28, 2009 
(A) The development, test, and fielding of an operation-
ally effective, suitable, survivable, and affordable next 
generation ground combat vehicle for the Army. 
(B) The development, test, and fielding of an operation-
ally effective, suitable, survivable, and affordable next 
generation self-propelled howitzer capability for the Army. 
(2) COMPLIANCE
WITH
CERTAIN
ACQUISITION
REQUIRE-
MENTS.—Each program under paragraph (1) shall comply with 
the requirements of the Weapons Systems Acquisition Reform 
Act of 2009, and the amendments made by that Act. 
(b) STRATEGY AND PLAN FOR ACQUISITION.— 
(1) IN GENERAL.—Not later than March 31, 2010, the Sec-
retary shall submit to the congressional defense committees 
a report setting forth a strategy and plan for the acquisition 
of weapon systems under the programs required by subsection 
(a). Each strategy and plan shall include measurable goals 
and objectives for the acquisition of such weapon systems, 
and shall identify all proposed major development, testing, 
procurement, and fielding events toward the achievement of 
such goals and objectives. 
(2) ELEMENTS.—In developing each strategy and plan under 
paragraph (1), the Secretary shall consider the following: 
(A) A single vehicle or family of vehicles utilizing a 
common chassis and automotive components. 
(B) The incorporation of weapon, vehicle, communica-
tions, network, and system of systems common operating 
environment technologies developed under the Future Com-
bat Systems program. 
(c) ANNUAL REPORTS.— 
(1) REPORTS REQUIRED.—The Secretary shall submit to the 
congressional defense committees, at the same time the Presi-
dent submits to Congress the budget for each of fiscal years 
2011 through 2015 (as submitted pursuant to section 1105(a) 
of title 31, United States Code), a report on the investments 
proposed to be made under such budget with respect to each 
program required by subsection (a). 
(2) ELEMENTS.—Each report under paragraph (1) shall set 
forth, for the fiscal year covered by the budget with which 
such report is submitted— 
(A) the manner in which amounts requested in such 
budget would be available for each program required by 
subsection (a); and 
(B) an assessment of the extent to which utilizing 
such amount in such manner would improve ground combat 
capabilities for the Army. 
SEC. 
220. 
GUIDANCE 
ON 
BUDGET 
JUSTIFICATION 
MATERIALS 
DESCRIBING 
FUNDING 
REQUESTED 
FOR 
OPERATION, 
SUSTAINMENT, MODERNIZATION, AND PERSONNEL OF 
MAJOR RANGES AND TEST FACILITIES. 
(a) GUIDANCE ON BUDGET JUSTIFICATION MATERIALS.—The Sec-
retary of Defense, acting through the Under Secretary of Defense 
(Comptroller) and the Director of the Department of Defense Test 
Resource Management Center, shall issue guidance clarifying and 
standardizing the information required in budget justification mate-
rials describing amounts to be requested in the budget of the 
President for a fiscal year (as submitted to Congress pursuant 
10 USC 221 note. 
Deadline. 
Reports. 
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123 STAT. 2230 
PUBLIC LAW 111–84—OCT. 28, 2009 
to section 1105(a) of title 31, United States Code) for funding 
for each facility and resource of the Major Range and Test Facility 
Base in connection with each of the following: 
(1) Operation. 
(2) Sustainment. 
(3) Investment and modernization. 
(4) Government personnel. 
(5) Contractor personnel. 
(b) APPLICABILITY.—The guidance issued under subsection (a) 
shall apply with respect to budgets of the President for fiscal 
years after fiscal year 2010. 
(c) MAJOR RANGE AND TEST FACILITY BASE DEFINED.—In this 
section, the term ‘‘Major Range and Test Facility Base’’ has the 
meaning given that term in section 196(h) of title 10, United States 
Code. 
SEC. 221. ASSESSMENT OF TECHNOLOGICAL MATURITY AND INTEGRA-
TION RISK OF ARMY MODERNIZATION PROGRAMS. 
(a) ASSESSMENT REQUIRED.—The Director of Defense Research 
and Engineering shall, in consultation with the Director of Develop-
mental Test and Evaluation, review and assess the technological 
maturity and integration risk of critical technologies (as jointly 
identified by the Director and the Secretary of the Army for pur-
poses of this section) of Army modernization programs and appro-
priate associated systems and programs, including the programs 
as follows: 
(1) Ground Combat Vehicle. 
(2) Future Combat Systems network hardware and soft-
ware. 
(3) Warfighter Information Network–Tactical, Increment 
3. 
(4) Appropriate portions of the Joint Tactical Radio System, 
including Ground Mobile Radios, Handheld, Manpack, Small 
Form Fit Radios, and Network Enterprise Domain. 
(5) Non-Line of Sight Launch System. 
(6) Small Unmanned Ground Vehicle. 
(7) Class I Unmanned Aerial Vehicle. 
(8) Class IV Unmanned Aerial Vehicle. 
(9) Multifunction Utility/Logistics Equipment Vehicle. 
(10) Tactical Unattended Ground Sensors. 
(11) Urban Unattended Ground Sensors. 
(12) Any other programs jointly identified by the Director 
and the Secretary for purposes of this section. 
(b) REPORT.—Not later than nine months after the date of 
the enactment of this Act, the Secretary of Defense shall submit 
to the congressional defense committees a report on the techno-
logical maturity and integration risk of critical technologies of Army 
modernization programs and associated systems and programs cov-
ered by the review and assessment required under subsection (a), 
as determined pursuant to that assessment. 
SEC. 222. ASSESSMENT OF ACTIVITIES FOR TECHNOLOGY MODERNIZA-
TION OF THE COMBAT VEHICLE AND ARMORED TACTICAL 
WHEELED VEHICLE FLEETS. 
(a) INDEPENDENT ASSESSMENT OF STRATEGY REQUIRED.— 
(1) IN GENERAL.—Not later than 30 days after the date 
of the enactment of this Act, the Secretary of Defense shall 
enter into a contract with an appropriate entity independent 
Deadline. 
Contracts. 
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123 STAT. 2231 
PUBLIC LAW 111–84—OCT. 28, 2009 
of the United States Government to conduct an independent 
assessment of current, anticipated, and potential research, 
development, test, and evaluation activities for or applicable 
to the modernization of the combat vehicle fleet and armored 
tactical wheeled vehicle fleet of the Department of Defense. 
(2) ACCESS
TO
INFORMATION
AND
RESOURCES.—The Sec-
retary shall provide the entity with which the Secretary enters 
into a contract under paragraph (1) with access to such informa-
tion and resources as are appropriate for the entity to conduct 
the assessment required by that paragraph. 
(b) REPORTS.— 
(1) IN GENERAL.—The contract required by subsection (a) 
shall provide that the entity with which the Secretary enters 
into a contract under that subsection shall submit to the Sec-
retary and the congressional defense committees— 
(A) an interim report on the assessment required by 
that subsection by not later than July 31, 2010; and 
(B) a final report on such assessment by not later 
than December 31, 2010. 
(2) ELEMENTS.—Each of the reports required by paragraph 
(1) shall include the following: 
(A) A detailed discussion of the requirements and capa-
bility needs identified or proposed for current and prospec-
tive combat vehicles and armored tactical wheeled vehicles. 
(B) An identification of capability gaps for combat 
vehicles and armored tactical wheeled vehicles based on 
lessons learned from recent conflicts and an assessment 
of emerging threats. 
(C) An identification of the critical technology elements 
or integration risks associated with particular categories 
of combat vehicles and armored tactical wheeled vehicles, 
and with particular missions of such vehicles. 
(D) Recommendations with respect to actions that could 
be taken to develop and deploy, during the ten-year period 
beginning on the date of the submittal of the report, critical 
technology capabilities to address the capability gaps 
identified pursuant to subparagraph (B), including an 
identification of high priority science and technology, 
research and engineering, and prototyping opportunities. 
(E) Such other matters as the Secretary considers 
appropriate. 
Subtitle C—Missile Defense Programs 
SEC. 231. SENSE OF CONGRESS ON BALLISTIC MISSILE DEFENSE. 
It is the sense of Congress that— 
(1) the United States should develop, test, field, and main-
tain operationally-effective and cost-effective ballistic missile 
defense systems that are capable of defending the United 
States, its forward-deployed forces, allies, and other friendly 
nations from the threat of ballistic missile attacks from nations 
such as North Korea and Iran; 
(2) the missile defense force structure and inventory levels 
of such missile defense systems should be determined based 
on an assessment of ballistic missile threats and a determina-
tion by senior military leaders, combatant commanders, and 
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123 STAT. 2232 
PUBLIC LAW 111–84—OCT. 28, 2009 
defense officials of the requirements and capabilities needed 
to address those threats; and 
(3) the test and evaluation program for such missile defense 
systems should be operationally realistic and provide a high 
level of confidence in the capability of such systems (including 
their continuing effectiveness over the course of their service 
lives), and adequate resources should be available for that 
test and evaluation program (including interceptor missiles and 
targets for flight tests). 
SEC. 232. ASSESSMENT AND PLAN FOR THE GROUND-BASED MID-
COURSE DEFENSE ELEMENT OF THE BALLISTIC MISSILE 
DEFENSE SYSTEM. 
(a) SENSE
OF CONGRESS.—It is the sense of Congress that 
the Secretary of Defense should ensure the reliability, availability, 
maintainability, and supportability of the Ground-based Midcourse 
Defense element of the Ballistic Missile Defense system throughout 
the service life of such element. 
(b) ASSESSMENT REQUIRED.— 
(1) IN
GENERAL.—As part of the quadrennial defense 
review, the Nuclear Posture Review, and the Ballistic Missile 
Defense Review, the Secretary of Defense shall conduct an 
assessment of the following: 
(A) Ground-based Midcourse Defense element of the 
Ballistic Missile Defense system. 
(B) Future options for the Ground-based Midcourse 
Defense element. 
(2) ELEMENTS.—The assessment required by paragraph (1) 
shall include an assessment of the following: 
(A) The ballistic missile threat against which the 
Ground-based Midcourse Defense element is intended to 
defend. 
(B) The military requirements for Ground-based Mid-
course Defense capabilities against such missile threat. 
(C) The capabilities of the Ground-based Midcourse 
Defense element as of the date of the assessment. 
(D) The planned capabilities of the Ground-based Mid-
course Defense element, if different from the capabilities 
under subparagraph (C). 
(E) The force structure and inventory levels necessary 
for the Ground-based Midcourse Defense element to achieve 
the planned capabilities of that element, including an anal-
ysis of the costs and the potential advantages and disadvan-
tages of deploying 44 operational Ground-based Interceptor 
missiles. 
(F) The infrastructure necessary to achieve such 
capabilities, including the number and location of oper-
ational silos. 
(G) The number of Ground-based Interceptor missiles 
necessary for operational assets, test assets (including 
developmental and operational test assets and aging and 
surveillance test assets), and spare missiles. 
(3) REPORT.—At or about the same time the budget of 
the President for fiscal year 2011 is submitted to Congress 
pursuant to section 1105 of title 31, United States Code, the 
Secretary shall submit to the congressional defense committees 
a report setting forth the results of the assessment required 
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123 STAT. 2233 
PUBLIC LAW 111–84—OCT. 28, 2009 
by paragraph (1). The report shall be in unclassified form, 
but may include a classified annex. 
(c) PLAN REQUIRED.— 
(1) IN GENERAL.—In addition to the assessment required 
by subsection (b), the Secretary shall establish a plan for the 
Ground-based Midcourse Defense element of the Ballistic Mis-
sile Defense system. The plan shall cover the period of the 
future-years defense program that is submitted to Congress 
under section 221 of title 10, United States Code, at or about 
the same time as the submittal to Congress of the budget 
of the President for fiscal year 2011. 
(2) ELEMENTS.—The plan required by paragraph (1) shall 
include the following elements: 
(A) The schedule for achieving the planned capability 
of the Ground-based Midcourse Defense element, including 
the completion of operational silos, the delivery of oper-
ational Ground-Based Interceptors, and the deployment of 
such interceptors in those silos. 
(B) The plan for funding the development, production, 
deployment, testing, improvement, and sustainment of the 
Ground-based Midcourse Defense element. 
(C) The plan to maintain the operational effectiveness 
of the Ground-based Midcourse Defense element over the 
course of its service life, including any modernization or 
capability enhancement efforts, and any sustainment 
efforts. 
(D) The plan for flight testing the Ground-based Mid-
course Defense element, including aging and surveillance 
tests to demonstrate the continuing effectiveness of the 
system over the course of its service life. 
(E) The plan for production of Ground-Based Inter-
ceptor missiles necessary for operational assets, develop-
mental and operational test assets, aging and surveillance 
test assets, and spare missiles. 
(3) REPORT.—At or about the same time the budget of 
the President for fiscal year 2011 is submitted to Congress 
pursuant to section 1105 of title 31, United States Code, the 
Secretary shall submit to the congressional defense committees 
a report setting forth the plan required by paragraph (1). The 
report shall be in unclassified form, but may include a classified 
annex. 
(d) CONSTRUCTION.—Nothing in this section shall be construed 
as altering or revising the continued production of all Ground- 
Based Interceptor missiles on contract as of June 23, 2009. 
(e) COMPTROLLER GENERAL REVIEW.—The Comptroller General 
of the United States shall— 
(1) review the assessment required by subsection (b) and 
the plan required by subsection (c); and 
(2) not later than 120 days after receiving the assessment 
and the plan, provide to the congressional defense committees 
the results of the review. 
SEC. 233. CONTINUED PRODUCTION OF GROUND-BASED INTERCEPTOR 
MISSILE AND OPERATION OF MISSILE FIELD 1 AT FORT 
GREELY, ALASKA. 
(a) LIMITATION ON BREAK IN PRODUCTION.—The Secretary of 
Defense shall ensure that the Director of the Missile Defense Agency 
Deadline. 
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123 STAT. 2234 
PUBLIC LAW 111–84—OCT. 28, 2009 
does not allow a break in production of the Ground-based Inter-
ceptor missile until the Secretary has— 
(1) completed the Ballistic Missile Defense Review; 
(2) made a determination with respect to the number of 
Ground-based Interceptor missiles that will be necessary to 
support the service life of the Ground-based Midcourse Defense 
element of the Ballistic Missile Defense System; and 
(3) submitted to the congressional defense committees a 
report containing such determination. 
(b) LIMITATION ON CERTAIN ACTIONS WITH RESPECT TO MISSILE 
FIELD 1 AND MISSILE FIELD 2 AT FORT GREELY, ALASKA.— 
(1) LIMITATION ON DECOMMISSIONING OF MISSILE FIELD 1.— 
The Secretary of Defense shall ensure that Missile Field 1 
at Fort Greely, Alaska, is not completely decommissioned until 
six silos are operationally available in Missile Field 2 at Fort 
Greely. 
(2) LIMITATION WITH RESPECT TO DISPOSITION OF SILOS AT 
MISSILE FIELD 2.—The Secretary of Defense shall ensure that 
no irreversible decision is made with respect to the number 
of silos at Missile Field 2 at Fort Greely, Alaska, until the 
date that is 60 days after the date on which the reports required 
by subsections (b)(3) and (c)(3) of section 232 are submitted 
to the congressional defense committees. 
SEC. 234. LIMITATION ON AVAILABILITY OF FUNDS FOR ACQUISITION 
OR DEPLOYMENT OF MISSILE DEFENSES IN EUROPE. 
No funds authorized to be appropriated by this Act or otherwise 
made available for the Department of Defense for fiscal year 2010 
or any fiscal year thereafter may be obligated or expended for 
the acquisition (other than initial long-lead procurement) or deploy-
ment of operational missiles of a long-range missile defense system 
in Europe until the Secretary of Defense, after receiving the views 
of the Director of Operational Test and Evaluation, submits to 
the congressional defense committees a report certifying that the 
proposed interceptor to be deployed as part of such missile defense 
system has demonstrated, through successful, operationally realistic 
flight testing, a high probability of working in an operationally 
effective manner and that such missile defense system has the 
ability to accomplish the mission. 
SEC. 235. AUTHORIZATION OF FUNDS FOR DEVELOPMENT AND 
DEPLOYMENT OF ALTERNATIVE MISSILE DEFENSE SYS-
TEMS IN EUROPE. 
(a) AUTHORIZATION OF FUNDS FOR ALTERNATIVE EUROPEAN MIS-
SILE DEFENSE SYSTEMS.—Of the funds authorized to be appro-
priated or otherwise made available for fiscal years 2009 and 2010 
for the Missile Defense Agency for the purpose of developing missile 
defenses in Europe, $309,000,000 shall be available for research, 
development, test, and evaluation, procurement, or deployment of 
alternative missile defense systems or their subsystems designed 
to protect Europe, and the United States in the case of long- 
range missile threats, from the threats posed by current and future 
Iranian ballistic missiles of all ranges, if the Secretary of Defense 
submits to the congressional defense committees a report certifying 
that such systems are expected to be— 
(1) consistent with the direction from the North Atlantic 
Council to address ballistic missile threats to Europe and the 
Reports. 
Certification. 
10 USC 2431 
note. 
Deadline. 
Reports. 
Determination. 
Review. 
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123 STAT. 2235 
PUBLIC LAW 111–84—OCT. 28, 2009 
United States in a prioritized manner that includes consider-
ation of the imminence of the threat and the level of acceptable 
risk; 
(2) operationally-effective and cost-effective in providing 
protection for Europe, and the United States in the case of 
long-range missile threats, against current and future Iranian 
ballistic missile threats; and 
(3) interoperable, to the extent practical, with other compo-
nents of missile defense and complementary to the missile 
defense strategy of the North Atlantic Treaty Organization. 
(b) CONSTRUCTION.—Except as provided in subsection (a), 
nothing in this section shall be construed as limiting or preventing 
the Secretary of Defense from pursuing the development or deploy-
ment of operationally-effective and cost-effective ballistic missile 
defense systems in Europe. 
(c) INDEPENDENT ASSESSMENT.— 
(1) IN GENERAL.—Not later than 60 days after the date 
of the enactment of this Act, the Secretary of Defense shall 
enter into a contract with a federally funded research and 
development center to conduct an independent assessment 
evaluating the operational-effectiveness and cost-effectiveness 
of the alternative missile defense architecture announced by 
the President on September 17, 2009. 
(2) REPORT.—Not later than June 1, 2010, the Secretary 
shall submit to the congressional defense committees a report 
on the independent assessment conducted under paragraph 
(1). 
SEC. 236. COMPREHENSIVE PLAN FOR TEST AND EVALUATION OF THE 
BALLISTIC MISSILE DEFENSE SYSTEM. 
(a) PLAN REQUIRED.— 
(1) IN GENERAL.—The Secretary of Defense shall establish 
a comprehensive plan for the developmental and operational 
testing and evaluation of the ballistic missile defense system 
and its various elements. 
(2) PERIOD OF PLAN.—The plan shall cover the period cov-
ered by the future-years defense program that is submitted 
to Congress under section 221 of title 10, United States Code, 
at or about the same time as the submittal to Congress of 
the budget of the President for fiscal year 2011. 
(3) INPUT.—In establishing the plan, the Secretary shall 
receive input on matters covered by the plan from the following: 
(A) The Director of the Missile Defense Agency. 
(B) The Director of Operational Test and Evaluation. 
(C) The operational test components of the military 
departments. 
(b) ELEMENTS.—The plan required by subsection (a) shall 
include, with respect to developmental and operational testing of 
the ballistic missile defense system, the following: 
(1) Test and evaluation objectives. 
(2) Test and evaluation criteria and metrics. 
(3) Test and evaluation procedures and methodology. 
(4) Data requirements. 
(5) System and element configuration under test. 
(6) Approaches to verification, validation, and accreditation 
of models and simulations. 
Deadline. 
Contracts. 
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123 STAT. 2236 
PUBLIC LAW 111–84—OCT. 28, 2009 
(7) The relative role of models and simulations, ground 
tests, and flight tests in achieving the objectives of the plan. 
(8) Test infrastructure and resources, including test range 
limitations and potential range enhancements. 
(9) Test readiness review approaches and methodology. 
(10) Testing for system and element integration and inter-
operability. 
(11) Means for achieving operational realism and means 
of demonstrating operational effectiveness, suitability, and 
survivability. 
(12) Detailed descriptions of planned tests. 
(13) A description of the resources required to implement 
the plan. 
(c) REPORT.— 
(1) IN GENERAL.—Not later than March 1, 2010, the Sec-
retary shall submit to the congressional defense committees 
a report setting forth and describing the plan required by 
subsection (a) and each of the elements required in the plan 
under subsection (b). 
(2) ADDITIONAL INFORMATION ON GROUND-BASED MIDCOURSE 
DEFENSE.—The report required by this subsection shall, in addi-
tion to the matters specified in paragraph (1), include a detailed 
description of the test and evaluation activities pertaining to 
the Ground-based Midcourse Defense element of the ballistic 
missile defense system as follows: 
(A) Plans for salvo testing. 
(B) Plans for multiple simultaneous engagement 
testing. 
(C) Plans for intercept testing using the Cobra Dane 
radar as the engagement sensor. 
(D) Plans to test and demonstrate the ability of the 
system to accomplish its mission over the planned term 
of its operational service life (also known as ‘‘sustainment 
testing’’). 
(3) FORM.—The report required by this subsection shall 
be submitted in unclassified form, but may include a classified 
annex. 
SEC. 237. STUDY ON DISCRIMINATION CAPABILITIES OF BALLISTIC 
MISSILE DEFENSE SYSTEM. 
(a) STUDY.—The Secretary of Defense shall enter into an 
arrangement with the JASON Defense Advisory Panel under which 
JASON shall carry out a study on the discrimination capabilities 
and limitations of the ballistic missile defense system of the United 
States, including such discrimination capabilities that exist or are 
planned as of the date of the study. 
(b) REPORT.—Not later than one year after the date of the 
enactment of this Act, the Secretary shall submit to the appropriate 
congressional committees a report containing the study. 
(c) FORM.—The report under subsection (b) may be submitted 
in classified form, but shall contain an unclassified summary. 
SEC. 238. ASCENT PHASE MISSILE DEFENSE STRATEGY AND PLAN. 
(a) REPORT.—Not later than 180 days after the date of the 
enactment of this Act, the Secretary of Defense shall submit to 
the congressional defense committees a report containing a strategy 
and plan for ascent phase missile defense. 
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123 STAT. 2237 
PUBLIC LAW 111–84—OCT. 28, 2009 
(b) MATTERS INCLUDED.—The report required by subsection 
(a) shall include each of the following: 
(1) A description of the programs and activities, as of 
the date of the submission of the report, contained in the 
program of record of the Missile Defense Agency that provide 
or are planned to provide a capability to intercept ballistic 
missiles in their ascent phase. 
(2) A description of the capabilities that are needed to 
accomplish the intercept of ballistic missiles in their ascent 
phase, including— 
(A) the key technologies and associated technology 
readiness levels, plans for maturing such technologies, and 
any technology demonstrations for such capabilities; 
(B) concepts of operation for how ascent phase capabili-
ties would be employed, including the dependence of such 
capabilities on, and integration with, other functions, 
capabilities, and information, including those provided by 
other elements of the ballistic missile defense system; 
(C) the criteria to be used to assess the technical 
progress, suitability, and effectiveness of such capabilities; 
(D) a comprehensive plan for development of and 
investment in such capabilities, including an identification 
of specific program and technology investments to be made 
in such capabilities; 
(E) a description of how, and to what extent, ascent 
phase missile defense can leverage the capabilities and 
investments made in boost phase, midcourse, and any other 
layer or elements of the ballistic missile defense system; 
(F) a description of the benefits and limitations associ-
ated with ascent phase missile defense; and 
(G) any other information the Secretary determines 
necessary. 
(c) FORM.—The report required by subsection (a) shall be sub-
mitted in unclassified form, but may include a classified annex. 
SEC. 239. EXTENSION OF DEADLINE FOR STUDY ON BOOST-PHASE MIS-
SILE DEFENSE. 
Section 232(c)(1) of the Duncan Hunter National Defense 
Authorization Act for Fiscal Year 2009 (Public Law 110–417; 122 
Stat. 4392) is amended by striking ‘‘October 31, 2010’’ and inserting 
‘‘March 1, 2011’’. 
Subtitle D—Reports 
SEC. 
241. 
REPEAL 
OF 
REQUIREMENT 
FOR 
BIENNIAL 
JOINT 
WARFIGHTING SCIENCE AND TECHNOLOGY PLAN. 
Section 270 of the National Defense Authorization Act for Fiscal 
Year 1997 (10 U.S.C. 2501 note) is repealed. 
SEC. 242. MODIFICATION OF REPORTING REQUIREMENT FOR DEFENSE 
NANOTECHNOLOGY RESEARCH AND DEVELOPMENT PRO-
GRAM. 
Section 246 of the Bob Stump National Defense Authorization 
Act for Fiscal Year 2003 (Public Law 107–314; 10 U.S.C. 2358 
note) is amended by striking subsection (e) and inserting the fol-
lowing new subsection (e): 
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123 STAT. 2238 
PUBLIC LAW 111–84—OCT. 28, 2009 
‘‘(e) REPORTS.—The Under Secretary of Defense for Acquisition, 
Technology, and Logistics shall submit to the National Science 
and Technology Council information on the program that covers 
the information described in paragraphs (1) through (5) of section 
2(d) of the 21st Century Nanotechnology Research and Development 
Act (15 U.S.C. 7501(d)) to be included in the annual report sub-
mitted by the Council under that section.’’. 
SEC. 243. COMPTROLLER GENERAL ASSESSMENT OF COORDINATION 
OF ENERGY STORAGE DEVICE REQUIREMENTS, PUR-
CHASES, AND INVESTMENTS. 
(a) ASSESSMENT REQUIRED.—The Comptroller General shall 
conduct an assessment of the degree to which requirements, tech-
nology goals, and research and procurement investments in energy 
storage technologies are coordinated within and among the military 
departments, appropriate Defense Agencies, and other elements 
of the Department of Defense. In carrying out such assessment, 
the Comptroller General shall— 
(1) assess the expenses incurred by the Department of 
Defense in the research, development, testing, evaluation, and 
procurement of energy storage devices; 
(2) compare quantities of types of devices in use or under 
development that rely on commercial energy storage tech-
nologies and that use military-unique, proprietary, or specialty 
devices; 
(3) assess the process by which a determination is made 
by an acquisition official of the Department of Defense to pursue 
a commercially available or custom-made energy storage device; 
(4) assess the process used to develop requirements for 
the development and procurement of energy storage devices; 
(5) assess the coordination of the activities of the Depart-
ment of Defense and the Department of Energy with respect 
to the research, development, procurement, and use of energy 
storage devices; 
(6) assess the coordination of Department of Defense-wide 
activities in energy storage device research, development, 
procurement, and use; 
(7) assess the process used to standardize the form, fit, 
and function of energy storage devices, and make recommenda-
tions with respect to how the Department should improve that 
process; and 
(8) assess whether there are commercial advances in port-
able power technology, including hybrid systems, fuel cells, 
and electrochemical capacitors, or other relevant technologies, 
that could be better leveraged by the Department. 
(b) REPORT.—Not later than December 31, 2010, the Comp-
troller General shall submit to the Committees on Armed Services 
of the Senate and House of Representatives a report on the findings 
and recommendations of the Comptroller General with respect to 
the assessment conducted under subsection (a). 
(c) COORDINATION.—In carrying out subsection (a), the Comp-
troller General shall coordinate with the Secretary of Energy and 
the heads of other appropriate Federal agencies. 
SEC. 244. ANNUAL COMPTROLLER GENERAL REPORT ON THE F–35 
LIGHTNING II AIRCRAFT ACQUISITION PROGRAM. 
(a) ANNUAL GAO REVIEW.—The Comptroller General shall con-
duct an annual review of the F–35 Lightning II aircraft acquisition 
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123 STAT. 2239 
PUBLIC LAW 111–84—OCT. 28, 2009 
program and shall, not later than March 15 of each of 2010 through 
2015, submit to the congressional defense committees a report 
on the results of the most recent review. 
(b) MATTERS TO BE INCLUDED.—Each report on the F–35 pro-
gram under subsection (a) shall include each of the following: 
(1) The extent to which the acquisition program is meeting 
development and procurement cost, schedule, and performance 
goals. 
(2) The progress and results of developmental and oper-
ational testing and plans for correcting deficiencies in aircraft 
performance, operational effectiveness, and suitability. 
(3) Aircraft procurement plans, production results, and 
efforts to improve manufacturing efficiency and supplier 
performance. 
SEC. 245. 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 11815F for advanced strategic programs, not more 
than 50 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 ele-
ments of the report described in subparagraphs (D), (E), and (F) 
of such section 923(d)(1). 
SEC. 246. REPORT ON FUTURE RESEARCH AND DEVELOPMENT OF 
MAN-PORTABLE AND VEHICLE-MOUNTED GUIDED MISSILE 
SYSTEMS. 
(a) REPORT.—Not later than February 15, 2010, the Secretary 
of the Army shall submit to Congress a report on future research 
and development of man-portable and vehicle-mounted guided mis-
sile 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; 
(3) an analysis of changes required to the current Javelin 
and TOW systems to maximize effectiveness and lethality in 
situations other than anti-armor; 
(4) an analysis of the current family of Javelin and TOW 
warheads and a specific description of 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, integration costs for future vehicles and possible effi-
ciencies of developing and procuring these systems at low rate 
and full rate based on current system production; and 
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123 STAT. 2240 
PUBLIC LAW 111–84—OCT. 28, 2009 
(8) an analysis of the ability of the industrial base to 
support development and production of current and future Jav-
elin and TOW systems. 
(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 tech-
nology (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). 
SEC. 247. REPORT ON THE DEVELOPMENT OF COMMAND AND CON-
TROL SYSTEMS. 
(a) REPORT REQUIRED.—Not later than July 1, 2010, the Sec-
retary of Defense shall submit to the congressional defense commit-
tees a report detailing the plans for the consolidation of the Net- 
Enabled Command Capability system (hereinafter in this section 
referred to as the ‘‘NECC system’’) with the Global Command 
and Control System family of systems (hereinafter in this section 
referred to as the ‘‘GCCS family of systems’’). 
(b) ELEMENTS.—The report required by subsection (a) shall 
include each of the following: 
(1) A description of the level of investment needed to 
develop, sustain, and modernize the GCCS family of systems 
in order to meet military requirements. 
(2) A description of the actions needed to convert the GCCS 
family of systems to a services-oriented architecture, including 
a timeline and milestones. 
(3) An identification of the components, including modules 
and other technologies, developed under the NECC systems 
that can be implemented in the GCCS family of systems. 
(4) An identification of gaps in required capabilities not 
resident in the GCCS family of systems or provided by the 
NECC system. 
(5) An identification of any science and technology efforts 
or developing commercial capabilities that might address capa-
bility gaps identified pursuant to paragraph (4). 
(6) A description of the developmental and operational test 
plans for the GCCS family of systems, and resources pro-
grammed to support such plans. 
(7) A description of the GCCS family of systems manage-
ment and governance plan structure, including— 
(A) organizations involved in program planning and 
execution; 
(B) the delegation of authorities for programmatic and 
technical issues in the development of the GCCS family 
of systems, including architecture design and control, and 
funding; and 
(C) the role of the command and control capabilities 
portfolio manager and the Office of Secretary of Defense 
oversight agencies. 
(8) Such other elements as the Secretary of Defense con-
siders appropriate. 
(c) COORDINATION.—The report required by subsection (a) shall 
be developed jointly by the Vice-Chairman of the Joint Chiefs of 
Staff, the Secretaries of the military departments, the Under Sec-
retary of Defense for Acquisition, Technology, and Logistics, the 
Assistant Secretary of Defense for Networks and Information 
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123 STAT. 2241 
PUBLIC LAW 111–84—OCT. 28, 2009 
Integration, the commander of the United States Joint Forces Com-
mand, the Director of Operational Test and Evaluation, and the 
Director of the Defense Information Systems Agency. 
(d) INTERIM REPORT.—Not later than March 1, 2010, the Sec-
retary of Defense shall submit to the congressional defense commit-
tees an interim report on the activities carried out to prepare 
the report required by subsection (a) and the preliminary findings 
and recommendations of the Secretary with respect to the plans 
for the consolidation of the NECC system with the GCCS family 
of systems based on such activities. 
(e) FORM.—The report required by subsection (a) shall be sub-
mitted in unclassified form, but may include a classified annex. 
SEC. 248. EVALUATION OF EXTENDED RANGE MODULAR SNIPER RIFLE 
SYSTEMS. 
(a) IN GENERAL.—Not later than March 31, 2010, the Assistant 
Secretary of the Army for Acquisition, Logistics, and Technology 
shall conduct a comparative evaluation of extended range modular 
sniper rifle systems, including .300 Winchester Magnum, .338 
Lapua Magnum, and other calibers. The evaluation shall identify 
and demonstrate an integrated suite of technologies with capabili-
ties that include— 
(1) extending the effective range of snipers; 
(2) meeting service or unit requirements or operational 
need statements; or 
(3) closing documented capability gaps. 
(b) REPORT.—Not later than April 30, 2010, the Assistant Sec-
retary of the Army for Acquisition, Logistics, and Technology shall 
submit to the Committee on Armed Services of the Senate and 
the Committee on Armed Services of the House of Representatives 
a report containing the results of the evaluation required by sub-
section (a), including— 
(1) detailed ballistics and system performance data; and 
(2) an assessment of the operational capabilities of extended 
range modular sniper rifle systems to meet service or unit 
requirements or operational need statements or close docu-
mented capabilities gaps. 
Subtitle E—Other Matters 
SEC. 251. ENHANCEMENT OF DUTIES OF DIRECTOR OF DEPARTMENT 
OF DEFENSE TEST RESOURCE MANAGEMENT CENTER 
WITH RESPECT TO THE MAJOR RANGE AND TEST FACILITY 
BASE. 
(a) AUTHORITY
TO
REVIEW
PROPOSALS
FOR
SIGNIFICANT 
CHANGES.—Section 196(c) of title 10, United States Code, is 
amended— 
(1) in paragraph (1), by redesignating subparagraphs (A) 
and (B) as clauses (i) and (ii), respectively; 
(2) by redesignating paragraphs (1) through (4) as subpara-
graphs (A) through (D), respectively; 
(3) by inserting ‘‘(1)’’ before ‘‘The Director’’; 
(4) by redesignating subparagraphs (B), (C), and (D), as 
so redesignated, as subparagraphs (C), (D), and (E), respec-
tively; and 
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PUBLIC LAW 111–84—OCT. 28, 2009 
(5) by inserting after subparagraph (A), as so redesignated, 
the following new subparagraph (B): 
‘‘(B) To review proposed significant changes to the test 
and evaluation facilities and resources of the Major Range 
and Test Facility Base before they are implemented by the 
Secretaries of the military departments or the heads of the 
Defense Agencies with test and evaluation responsibilities and 
advise the Secretary of Defense and the Under Secretary of 
Acquisition, Technology, and Logistics of the impact of such 
changes on the adequacy of such test and evaluation facilities 
and resources to meet the test and evaluation requirements 
of the Department.’’. 
(b) ACCESS TO RECORDS AND DATA.—Such section is further 
amended by adding at the end the following new paragraph: 
‘‘(2) The Director shall have access to such records and data 
of the Department of Defense (including the appropriate records 
and data of each military department and Defense Agency) that 
are necessary in order to carry out the duties of the Director 
under this section.’’. 
SEC. 252. ESTABLISHMENT OF PROGRAM TO ENHANCE PARTICIPATION 
OF HISTORICALLY BLACK COLLEGES AND UNIVERSITIES 
AND 
MINORITY-SERVING 
INSTITUTIONS 
IN 
DEFENSE 
RESEARCH PROGRAMS. 
(a) PROGRAM ESTABLISHED.—Chapter 139 of title 10, United 
States Code, is amended by inserting after section 2361 the fol-
lowing new section: 
‘‘§ 2362. Research and educational programs and activities: 
historically black colleges and universities and 
minority-serving institutions of higher education 
‘‘(a) PROGRAM ESTABLISHED.—The Secretary of Defense, acting 
through the Director of Defense Research and Engineering and 
the Secretary of each military department, shall carry out a program 
to provide assistance to covered educational institutions to assist 
the Department in defense-related research, development, testing, 
and evaluation activities. 
‘‘(b) PROGRAM OBJECTIVE.—The objective of the program estab-
lished under subsection (a) is to enhance defense-related research 
and education at covered educational institutions. Such objective 
shall be accomplished through initiatives designed to— 
‘‘(1) enhance the research and educational capabilities of 
such institutions in areas of importance to national defense, 
as determined by the Secretary; 
‘‘(2) encourage the participation of such institutions in the 
research, development, testing, and evaluation programs and 
activities of the Department of Defense; 
‘‘(3) increase the number of graduates from such institu-
tions engaged in disciplines important to the national security 
functions of the Department of Defense, as determined by the 
Secretary; and 
‘‘(4) encourage research and educational collaborations 
between such institutions and other institutions of higher edu-
cation, Government defense organizations, and the defense 
industry. 
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PUBLIC LAW 111–84—OCT. 28, 2009 
‘‘(c) ASSISTANCE PROVIDED.—Under the program established by 
subsection (a), the Secretary of Defense may provide covered edu-
cational institutions with funding or technical assistance, including 
any of the following: 
‘‘(1) Support for research, development, testing, evaluation, 
or educational enhancements in areas important to national 
defense through the competitive awarding of grants, cooperative 
agreements, contracts, scholarships, fellowships, or the acquisi-
tion of research equipment or instrumentation. 
‘‘(2) Support to assist in the attraction and retention of 
faculty in scientific disciplines important to the national secu-
rity functions of the Department of Defense. 
‘‘(3) Establishing partnerships between such institutions 
and defense laboratories, Government defense organizations, 
the defense industry, and other institutions of higher education 
in research, development, testing, and evaluation in areas 
important to the national security functions of the Department 
of Defense. 
‘‘(4) Other such non-monetary assistance as the Secretary 
finds appropriate to enhance defense-related research, develop-
ment, testing, and evaluation activities at such institutions. 
‘‘(d) PRIORITY FOR FUNDING.—The Secretary of Defense may 
establish procedures under which the Secretary may give priority 
in providing funding under this section to institutions that have 
not otherwise received a significant amount of funding from the 
Department of Defense for research, development, testing, and 
evaluation programs supporting the national security functions of 
the Department. 
‘‘(e) DEFINITION OF COVERED EDUCATIONAL INSTITUTION.—In 
this section the term ‘covered educational institution’ means— 
‘‘(1) an institution of higher education eligible for assistance 
under title III or IV of the Higher Education Act of 1965 
(20 U.S.C. 1051 et seq.); or 
‘‘(2) an accredited postsecondary minority institution.’’. 
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning 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 colleges 
and universities and minority-serving institutions of higher education.’’. 
SEC. 253. EXTENSION OF AUTHORITY TO AWARD PRIZES FOR 
ADVANCED TECHNOLOGY ACHIEVEMENTS. 
Subsection (f) of section 2374a of title 10, United States Code, 
is amended by striking ‘‘September 30, 2010’’ and inserting ‘‘Sep-
tember 30, 2013’’. 
SEC. 254. AUTHORITY FOR NATIONAL AERONAUTICS AND SPACE 
ADMINISTRATION FEDERALLY FUNDED RESEARCH AND 
DEVELOPMENT CENTERS TO PARTICIPATE IN MERIT- 
BASED TECHNOLOGY RESEARCH AND DEVELOPMENT PRO-
GRAMS. 
Section 217(f)(1) of the National Defense Authorization Act 
for Fiscal Year 1995 (Public Law 103–337; 108 Stat 2695), as 
amended by section 3136 of the National Defense Authorization 
Act for Fiscal Year 1999 (Public Law 105–261), is amended— 
15 USC 3715 
note. 
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123 STAT. 2244 
PUBLIC LAW 111–84—OCT. 28, 2009 
(1) in subparagraph (A) by inserting ‘‘, of the National 
Aeronautics and Space Administration,’’ after ‘‘the Department 
of Defense’’; and 
(2) by adding at the end the following new subparagraph 
(C): 
‘‘(C) A federally funded research and development center of 
the National Aeronautics and Space Administration that functions 
primarily as a research laboratory may respond to broad agency 
announcements under programs authorized by the Federal Govern-
ment for the purpose of promoting the research, development, dem-
onstration, or transfer of technology in a manner consistent with 
the terms and conditions of such program.’’. 
SEC. 255. NEXT GENERATION BOMBER AIRCRAFT. 
(a) FINDINGS.—Congress makes the following findings: 
(1) Long-range strike is a critical mission in which the 
United States needs to retain a credible and dominant capa-
bility. 
(2) Long range, penetrating strike systems provide— 
(A) a hedge against being unable to obtain access to 
forward bases for political reasons; 
(B) a capacity to respond quickly to contingencies; 
(C) the ability to base outside the reach of emerging 
adversary anti-access and area-denial capabilities; and 
(D) the ability to impose disproportionate defensive 
costs on prospective adversaries of the United States. 
(3) The 2006 quadrennial defense review found that there 
was a requirement for a next generation bomber aircraft and 
directed the United States Air Force to ‘‘develop a new land- 
based, penetrating long range strike capability to be fielded 
by 2018’’. 
(4) On April 6, 2009, Secretary of Defense Robert Gates 
announced that the United States ‘‘will not pursue a develop-
ment program for a follow-on Air Force bomber until we have 
a better understanding of the need, the requirement and the 
technology’’. 
(5) On May 7, 2009, President Barack Obama announced 
the termination of the next generation bomber aircraft program 
in the document of the Office of Management and Budget 
entitled ‘‘Terminations, Reductions, and Savings’’, stating that 
‘‘there is no urgent need to begin an expensive development 
program for a new bomber’’ and that ‘‘the future bomber fleet 
may not be affordable over the next six years’’. 
(6) The United States will need a new long-range strike 
capability because the conflicts of the future will likely feature 
heavily defended airspace, due in large part to the proliferation 
of relatively inexpensive, but sophisticated and deadly, air 
defense systems. 
(7) General Michael Maples, the Director of the Defense 
Intelligence Agency, noted during a March 10, 2009, hearing 
of the Committee on Armed Services of the Senate on worldwide 
threats that ‘‘Russia, quite frankly, is the developer of most 
of those [advanced air defense] systems and is exporting those 
systems both to China and to other countries in the world’’. 
(8) The Final Report of the Congressional Commission on 
the Strategic Posture of the United States, submitted to Con-
gress on May 6, 2009, states that ‘‘[t]he bomber force is valuable 
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123 STAT. 2245 
PUBLIC LAW 111–84—OCT. 28, 2009 
particularly for extending deterrence in time of crisis, as their 
deployment is visible and signals U.S. commitment. Bombers 
also impose a significant cost burden on potential adversaries 
in terms of the need to invest in advanced air defenses’’. 
(9) The commanders of the United States Pacific Command, 
the United States Strategic Command, and the United States 
Joint Forces Command have each testified before the Com-
mittee on Armed Services of the Senate in support of the 
capability that the next generation bomber aircraft would pro-
vide. 
(10) On June 17, 2009, General James Cartwright, Vice- 
Chairman of the Joint Chiefs of Staff and chair of the Joint 
Requirements Oversight Council, stated during a hearing before 
the Committee on Armed Services of the Senate that ‘‘the 
nation needs a new bomber’’. 
(11) Nearly half of the United States bomber aircraft inven-
tory (47 percent) pre-dates the Cuban Missile Crisis. 
(12) The only air-breathing strike platforms the United 
States possesses today with reach and survivability to have 
a chance of successfully executing missions more than 1,000 
nautical miles into enemy territory from the last air-to-air 
refueling are 16 combat ready B-2 bomber aircraft. 
(13) The B-2 bomber aircraft was designed in the 1980s 
and achieved initial operational capability over a decade ago. 
(14) The crash of an operational B-2 bomber aircraft during 
takeoff at Guam in early 2008 indicates that attrition can 
and does occur even in peacetime. 
(15) The primary mission requirement of the next genera-
tion bomber aircraft is the ability to strike targets anywhere 
on the globe with whatever weapons the contingency requires. 
(16) The requisite aerodynamic, structural, and low-observ-
able technologies to develop the next generation bomber aircraft 
already exist in fifth-generation fighter aircraft. 
(b) POLICY ON CONTINUED DEVELOPMENT OF NEXT GENERATION 
BOMBER AIRCRAFT IN FISCAL YEAR 2010.—It is the policy of the 
United States to support a development program for next generation 
bomber aircraft technologies. 
TITLE III—OPERATION AND 
MAINTENANCE 
Subtitle A—Authorization of Appropriations 
Sec. 301. Operation and maintenance funding. 
Sec. 302. Relation to funding table. 
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 interagency 
agreements for land management on Department of Defense installa-
tions. 
Sec. 314. Reauthorization of pilot program for invasive species management for 
military installations in Guam. 
Sec. 315. Reimbursement of Environmental Protection Agency for certain costs in 
connection with the Former Nansemond Ordnance Depot Site, Suffolk, 
Virginia. 
Sec. 316. Procurement and use of munitions. 
Sec. 317. Prohibition on disposing of waste in open-air burn pits. 
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123 STAT. 2246 
PUBLIC LAW 111–84—OCT. 28, 2009 
Sec. 318. Military munitions response sites. 
Subtitle C—Workplace and Depot Issues 
Sec. 321. Public-private competition required before conversion of any Department 
of Defense function performed by civilian employees to contractor per-
formance. 
Sec. 322. Time limitation on duration of public-private competitions. 
Sec. 323. Policy regarding installation of major modifications and upgrades. 
Sec. 324. Modification of authority for Army industrial facilities to engage in coop-
erative activities with non-Army entities. 
Sec. 325. Temporary suspension of public-private competitions for conversion of De-
partment of Defense functions to performance by a contractor. 
Sec. 326. Requirement for debriefings related to conversion of functions from per-
formance by Federal employees to performance by a contractor. 
Sec. 327. Amendments to bid protest procedures by Federal employees and agency 
officials in conversions of functions from performance by Federal em-
ployees to performance by a contractor. 
Sec. 328. Improvement of inventory management practices. 
Sec. 329. Modification of date for submittal to Congress of annual report on funding 
for public and private performance of depot-level maintenance and re-
pair workloads. 
Subtitle D—Energy Security 
Sec. 331. Authorization of appropriations for Director of Operational Energy. 
Sec. 332. Extension and expansion of reporting requirements regarding Depart-
ment of Defense energy efficiency programs. 
Sec. 333. Report on implementation of Comptroller General recommendations on 
fuel demand management at forward-deployed locations. 
Sec. 334. Report on use of renewable fuels to meet energy requirements of Depart-
ment of Defense. 
Sec. 335. Energy security on Department of Defense installations. 
Subtitle E—Reports 
Sec. 341. Annual report on procurement of military working dogs. 
Sec. 342. Plan for managing vegetative encroachment at training ranges. 
Sec. 343. Comptroller General report on the sustainment strategy for the AV-8B 
Harrier aircraft. 
Sec. 344. Study on Army modularity. 
Subtitle F—Other Matters 
Sec. 351. Authority for airlift transportation at Department of Defense rates for 
non-Department of Defense Federal cargoes. 
Sec. 352. Policy on ground combat and camouflage utility uniforms. 
Sec. 353. Condition-based maintenance demonstration programs. 
Sec. 354. Extension of arsenal support program initiative. 
Subtitle A—Authorization of 
Appropriations 
SEC. 301. OPERATION AND MAINTENANCE FUNDING. 
Funds are hereby authorized to be appropriated for fiscal year 
2010 for the use of the Armed Forces and other activities and 
agencies of the Department of Defense for expenses, not otherwise 
provided for, for operation and maintenance, in amounts as follows: 
(1) For the Army, $31,263,332,000. 
(2) For the Navy, $35,041,274,000. 
(3) For the Marine Corps, $5,543,223,000. 
(4) For the Air Force, $34,527,149,000. 
(5) For Defense-wide activities, $28,327,396,000. 
(6) For the Army Reserve, $2,620,196,000. 
(7) For the Naval Reserve, $1,278,501,000. 
(8) For the Marine Corps Reserve, $228,925,000. 
(9) For the Air Force Reserve, $3,079,228,000. 
(10) For the Army National Guard, $6,262,184,000. 
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123 STAT. 2247 
PUBLIC LAW 111–84—OCT. 28, 2009 
(11) For the Air National Guard, $5,885,761,000. 
(12) For the United States Court of Appeals for the Armed 
Forces, $13,932,000. 
(13) For the Acquisition Development Workforce Fund, 
$100,000,000. 
(14) For Environmental Restoration, Army, $415,864,000. 
(15) For Environmental Restoration, Navy, $285,869,000. 
(16) 
For 
Environmental 
Restoration, 
Air 
Force, 
$494,276,000. 
(17) 
For 
Environmental 
Restoration, 
Defense-wide, 
$11,000,000. 
(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 
programs, 
$424,093,000. 
SEC. 302. RELATION TO FUNDING TABLE. 
The amounts authorized to be appropriated by section 301 
shall be available, in accordance with the requirements of section 
4001, for projects, programs, and activities, and in the amounts, 
specified in the funding table in section 4301. 
Subtitle B—Environmental Provisions 
SEC. 311. CLARIFICATION OF REQUIREMENT FOR USE OF AVAILABLE 
FUNDS FOR DEPARTMENT OF DEFENSE PARTICIPATION 
IN CONSERVATION BANKING PROGRAMS. 
Section 2694c of title 10, United States Code, is amended— 
(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 sub-
section (d): 
‘‘(d) SOURCE OF FUNDS.—Amounts available from any of the 
following shall be available for activities under this section: 
‘‘(1) Operation and maintenance. 
‘‘(2) Military construction. 
‘‘(3) Research, development, test, and evaluation. 
‘‘(4) The Support for United States Relocation to Guam 
Account established under section 2824 of the Military 
Construction Act for Fiscal Year 2009 (division B of 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 2009 through 
2014’’. 
(b) CLARIFICATION OF AUTHORIZATIONS.—Such section is further 
amended— 
(1) in subsection (b), by striking ‘‘There are authorized’’ 
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 authorized’’ 
and inserting ‘‘Of the amounts authorized to be appropriated 
to the Department of the Interior, there are authorized’’. 
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123 STAT. 2248 
PUBLIC LAW 111–84—OCT. 28, 2009 
SEC. 313. AUTHORITY OF SECRETARY OF A MILITARY DEPARTMENT 
TO ENTER INTO INTERAGENCY AGREEMENTS FOR LAND 
MANAGEMENT ON DEPARTMENT OF DEFENSE INSTALLA-
TIONS. 
(a) AUTHORITY.—Section 103a 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 agree-
ment’’ after ‘‘cooperative agreement’’; 
(2) in subsection (b), by inserting ‘‘or interagency agree-
ment’’ after ‘‘cooperative agreement’’; and 
(3) in subsection (c), by inserting ‘‘and interagency agree-
ments’’ after ‘‘Cooperative agreements’’. 
(b) CLERICAL AMENDMENTS.—The heading for such section is 
amended by inserting ‘‘AND INTERAGENCY’’ after ‘‘COOPERATIVE’’. 
SEC. 314. REAUTHORIZATION OF PILOT PROGRAM FOR INVASIVE SPE-
CIES MANAGEMENT FOR MILITARY 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 2009 through 2014’’. 
SEC. 
315. 
REIMBURSEMENT 
OF 
ENVIRONMENTAL 
PROTECTION 
AGENCY FOR CERTAIN COSTS IN CONNECTION WITH THE 
FORMER NANSEMOND ORDNANCE DEPOT SITE, SUFFOLK, 
VIRGINIA. 
(a) AUTHORITY TO REIMBURSE.— 
(1) TRANSFER
AMOUNT.—Using funds described in sub-
section (b) and notwithstanding section 2215 of title 10, United 
States Code, the Secretary of Defense may transfer not more 
than $68,623 during fiscal year 2010 to the Former Nansemond 
Ordnance Depot Site Special Account, within the Hazardous 
Substance Superfund. 
(2) PURPOSE
OF
REIMBURSEMENT.—The payment under 
paragraph (1) is final payment to reimburse 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 ord-
nance and explosive safety hazards at the Former Nansemond 
Ordnance Depot Site, Suffolk, Virginia. 
(3) 
INTERAGENCY
AGREEMENT.—The 
reimbursement 
described in paragraph (2) is provided for in an interagency 
agreement entered into by the Department 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 subsection (a) shall 
be made using funds authorized to be appropriated by section 
301(18) 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 (a) to pay costs 
incurred by the agency at the Former Nansemond Ordnance Depot 
Site. 
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123 STAT. 2249 
PUBLIC LAW 111–84—OCT. 28, 2009 
SEC. 316. PROCUREMENT AND USE OF MUNITIONS. 
The Secretary of Defense shall— 
(1) in making decisions with respect to the procurement 
of munitions, develop methods to account for the full life-cycle 
costs of munitions, including the effects of failure rates on 
the cost of disposal; 
(2) undertake a review of live-fire practices for the purpose 
of reducing unexploded ordnance and munitions-constituent 
contamination without impeding military readiness; and 
(3) not later than 180 days after the date of the enactment 
of this Act, submit to Congress a report on the methods devel-
oped pursuant to this section and the progress of the live- 
fire review and recommendations for reducing the life-cycle 
costs of munitions, unexploded ordnance, and munitions-con-
stituent contamination. 
SEC. 317. PROHIBITION ON DISPOSING OF WASTE IN OPEN-AIR BURN 
PITS. 
(a) REGULATIONS.— 
(1) IN GENERAL.—Not later than 120 days after the date 
of the enactment of this Act, the Secretary of Defense shall 
prescribe regulations prohibiting the disposal of covered waste 
in open-air burn pits during contingency operations except in 
circumstances in which the Secretary determines that no alter-
native disposal method is feasible. Such regulations shall apply 
to contingency operations that are ongoing as of the date of 
the enactment of this Act, including Operation Iraqi Freedom 
and Operation Enduring Freedom, and to contingency oper-
ations that begin after the date of the enactment of this Act. 
(2) NOTIFICATION.—In determining that no alternative dis-
posal method is feasible for an open-air burn pit pursuant 
to regulations prescribed under paragraph (1), the Secretary 
shall— 
(A) not later than 30 days after such determination 
is made, submit to the Committees on Armed Services 
of the Senate and House of Representatives notice of such 
determination, including the circumstances, reasoning, and 
methodology that led to such determination; and 
(B) after notice is given under subparagraph (A), for 
each subsequent 180-day-period during which covered 
waste is disposed of in the open-air burn pit covered by 
such notice, submit to the Committees on Armed Services 
of the Senate and House of Representatives the justifica-
tions of the Secretary for continuing to operate such open- 
air burn pit. 
(b) REPORT.—Not later than 180 days after the date of the 
enactment of this Act, the Secretary shall submit to the Committees 
on Armed Services of the Senate and House of Representatives 
a report on the use of open-air burn pits by the United States 
Armed Forces. Such report shall include— 
(1) an explanation of the situations and circumstances 
under which open-air burn pits are used to dispose of waste 
during military exercises and operations worldwide; 
(2) a detailed description of the types of waste authorized 
to be burned in open-air burn pits; 
(3) a plan through which the Secretary intends to develop 
and implement alternatives to the use of open-air burn pits; 
Time periods. 
Submission. 
Deadline. 
Applicability. 
Deadline. 
Determination. 
10 USC 2701 
note. 
Deadlines. 
Reports. 
Review. 
Methods. 
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123 STAT. 2250 
PUBLIC LAW 111–84—OCT. 28, 2009 
(4) a copy of the regulations required to be prescribed 
by subsection (a); 
(5) the health and environmental compliance standards 
the Secretary has established for military and contractor oper-
ations in Iraq and Afghanistan with regard to solid waste 
disposal, including an assessment of whether those standards 
are being met; 
(6) a description of the environmental, health, and oper-
ational impacts of open-pit burning of plastics and the feasi-
bility of including plastics in the regulations prescribed pursu-
ant to subsection (a); and 
(7) an assessment of the ability of existing medical surveil-
lance programs to identify and track exposures to toxic sub-
stances that result from open-air burn pits, including rec-
ommendations for such changes to such programs as would 
be required to more accurately identify and track such expo-
sures. 
(c) DEFINITIONS.—In this section: 
(1) The term ‘‘contingency operation’’ has the meaning given 
that term by section 101(a)(13) of title 10, United States Code. 
(2) The term ‘‘covered waste’’ includes— 
(A) hazardous waste, as defined by section 1004(5) 
of the Solid Waste Disposal Act (42 U.S.C. 6903(5)); 
(B) medical waste; and 
(C) other waste as designated by the Secretary. 
SEC. 318. MILITARY MUNITIONS RESPONSE SITES. 
(a) INFORMATION SHARING.—Section 2710(a)(2)(B) of title 10, 
United States Code, is amended by inserting ‘‘, including the county, 
where applicable,’’ after ‘‘political subdivisions of the State’’. 
(b) MILITARY MUNITIONS RESPONSE PROGRAM AND INSTALLA-
TION RESTORATION PROGRAM.—As part of the annual budget submis-
sion of the Secretary of Defense to Congress, the Secretary shall 
include the funding levels requested for the Military Munitions 
Response Program and the Installation Restoration Program. 
Subtitle C—Workplace and Depot Issues 
SEC. 
321. 
PUBLIC-PRIVATE 
COMPETITION 
REQUIRED 
BEFORE 
CONVERSION OF ANY DEPARTMENT OF DEFENSE FUNC-
TION PERFORMED BY CIVILIAN EMPLOYEES TO CON-
TRACTOR PERFORMANCE. 
(a) REQUIREMENT.—Paragraph (1) of section 2461(a) 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 inserting ‘‘may 
be converted’’. 
(b) EFFECTIVE DATE.—The amendments made by subsection 
(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. 
10 USC 2461 
note. 
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123 STAT. 2251 
PUBLIC LAW 111–84—OCT. 28, 2009 
SEC. 322. TIME LIMITATION ON DURATION OF PUBLIC-PRIVATE COM-
PETITIONS. 
(a) TIME LIMITATION.—Section 2461(a) of title 10, United States 
Code, as amended by section 321, is further amended by adding 
at the end the following new paragraph: 
‘‘(5)(A) Except as provided in subparagraph (B), 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 function of the Department of Defense performed 
by Department of Defense civilian employees may not exceed a 
period of 24 months, commencing on the date on which the prelimi-
nary planning for the public-private competition begins and ending 
on the date on which a performance decision is rendered with 
respect to the function. 
‘‘(B)(i) The Secretary of Defense may specify an alternative 
period of time for a public-private competition, which may not 
exceed 33 months, if the Secretary— 
‘‘(I) determines that the competition is of such complexity 
that it cannot be completed within 24 months; and 
‘‘(II) submits to Congress, as part of the formal congres-
sional notification of a public-private competition pursuant to 
subsection (c), written notification that explains the basis of 
such determination. 
‘‘(ii) The notification under clause (i)(II) shall also address each 
of the following: 
‘‘(I) Any efforts of the Secretary to break up the study 
geographically or functionally. 
‘‘(II) The Secretary’s justification for undertaking a public- 
private competition instead of using internal reengineering 
alternatives. 
‘‘(III) The cost savings that the Secretary expects to achieve 
as a result of the public-private competition. 
‘‘(iii) If the Secretary specifies an alternative time period under 
this subparagraph, the alternative time period shall be binding 
on the Department in the same manner and to the same extent 
as the limitation provided in subparagraph (A). 
‘‘(C) The time period specified in subparagraph (A) for a public- 
private competition does not include any day during which the 
public-private competition is delayed by reason of the filing of 
a protest before the Government Accountability Office or a com-
plaint in the United States Court of Federal Claims up until the 
day the decision or recommendation of either authority becomes 
final. In the case of a protest before the Government Accountability 
Office, the recommendation becomes final after the period of time 
for filing a request for reconsideration, or if a request for reconsider-
ation is filed, on the day the Government Accountability Office 
issues a decision on the reconsideration. 
‘‘(D) If a protest with respect to a public-private competition 
before the Government Accountability Office or the United States 
Court of Federal Claims is sustained, and the recommendation 
is final as described in subparagraph (C), and if such protest and 
recommendation result in an unforeseen delay in implementing 
a final performance decision, the Secretary of Defense may termi-
nate the public-private competition or extend the period of time 
specified for the public-private competition under subparagraph 
(A) or subparagraph (B). If the Secretary decides not to terminate 
a competition, the Secretary shall submit to Congress written notice 
Notice. 
Notification. 
Determination. 
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123 STAT. 2252 
PUBLIC LAW 111–84—OCT. 28, 2009 
of such decision. Any such notification shall include a justification 
for the Secretary’s decision and a new time limitation for the 
competition, which shall not exceed 12 months from the final deci-
sion and shall be binding on the Department. 
‘‘(E) For the purposes of this paragraph, preliminary planning 
with respect to a public-private competition, begins on the date 
on which the Department of Defense obligates funds for the acquisi-
tion of contract support, or formally assigns Department of Defense 
personnel, to carry out any of the following activities: 
‘‘(i) Determining the scope of the competition. 
‘‘(ii) Conducting research to determine the appropriate 
grouping of functions for the competition. 
‘‘(iii) Assessing the availability of workload data, quantifi-
able outputs of functions, and agency or industry performance 
standards applicable to the competition. 
‘‘(iv) Determining the baseline cost of any function for 
which the competition is conducted. 
‘‘(F) To effectively establish the date that is the first day of 
preliminary planning for a public-private competition, the head 
of a military department shall submit to Congress written notice 
of such date and shall provide public notice by announcing such 
date on an appropriate Internet website. Such date is the first 
day of preliminary planning for a public-private competition for 
the purpose of computing the duration of the public private competi-
tion for purposes of this section. 
‘‘(G) The Secretary of Defense shall submit to the congressional 
defense committees an annual report on the use, during the year 
covered by the report, of alternative time periods for public-private 
competitions under this section, and the explanations of the Sec-
retary for such alternative time periods.’’ 
(b) EFFECTIVE DATE.—Paragraph (5) of section 2461(a) of title 
10, United States Code, as added by subsection (a), shall apply 
with respect to a public-private competition covered by such section 
that is initiated on or after the date of the enactment of this 
Act. 
(c) COMPTROLLER GENERAL REVIEWS.—Not later than two years 
after the date of the enactment of this Act, and three years there-
after, the Comptroller General shall submit to the congressional 
defense committees a report on the use by the Secretary of Defense 
of the alternative time period authority under section 2461(a)(5)(B) 
of title 10, United States Code, and the appropriateness and 
thoroughness of the explanations of the Secretary for such use. 
SEC. 323. POLICY REGARDING INSTALLATION OF MAJOR MODIFICA-
TIONS AND UPGRADES. 
It is the Sense of Congress that no changes should be made 
to— 
(1) the policy of the Department of Defense that in the 
annual allocation of depot-level maintenance and repair 
required under section 2466 of title 10, United States Code, 
the installation of major modifications and upgrades are consid-
ered to be part of the definition of depot-level maintenance; 
and 
(2) the interpretation and application of that policy as 
of the date of the enactment of this Act. 
Deadlines. 
Reports. 
10 USC 2461 
note. 
Deadline. 
Reports. 
Notice. 
Public 
information. 
Web posting. 
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123 STAT. 2253 
PUBLIC LAW 111–84—OCT. 28, 2009 
SEC. 324. MODIFICATION OF AUTHORITY FOR ARMY INDUSTRIAL 
FACILITIES TO ENGAGE IN COOPERATIVE ACTIVITIES 
WITH NON-ARMY ENTITIES. 
(a) CLARIFICATION OF AUTHORITY TO ENTER INTO COOPERATIVE 
AGREEMENTS.—The second sentence of section 4544(a) of title 10, 
United States Code, as added by section 328(a)(1) of the National 
Defense Authorization Act for Fiscal Year 2008 (Public Law 110– 
181; 122 Stat. 66), is amended by inserting after ‘‘not more than 
eight contracts or cooperative agreements’’ the following: ‘‘in addi-
tion to the contracts and cooperative agreements in place as of 
the date of the enactment of the National Defense Authorization 
Act for Fiscal Year 2008 (Public Law 110–181)’’. 
(b) ADDITIONAL ELEMENTS REQUIRED FOR ANALYSIS OF USE 
OF
AUTHORITY.—Section 
328(b)(2) 
of 
the 
National 
Defense 
Authorization Act for Fiscal Year 2008 (Public Law 110–181; 122 
Stat. 67) is amended— 
(1) by striking ‘‘a report assessing the advisability’’ and 
inserting the following: ‘‘a report— 
‘‘(A) assessing the advisability’’; and 
(2) by striking ‘‘pursuant to such authority.’’ and inserting 
the following: ‘‘pursuant to such authority; 
‘‘(B) assessing the benefit to the Federal Government 
of using such authority; 
‘‘(C) assessing the impact of the use of such authority 
on the availability of facilities needed by the Army and 
on the private sector; and 
‘‘(D) describing the steps taken to comply with the 
requirements under section 4544(g) of title 10, United 
States Code.’’. 
SEC. 325. TEMPORARY SUSPENSION OF PUBLIC-PRIVATE COMPETI-
TIONS FOR CONVERSION OF DEPARTMENT OF DEFENSE 
FUNCTIONS TO PERFORMANCE BY A CONTRACTOR. 
(a) TEMPORARY SUSPENSION.—During the period beginning on 
the date of the enactment of this Act and ending on the date 
that is 30 days after the date on which the Secretary of Defense 
submits to the congressional defense committees the certification 
required under subsection (d), no study or competition regarding 
a public-private competition for the conversion to performance by 
a contractor for any function performed by Department of Defense 
civilian employees may be begun or announced pursuant to 2461 
of title 10, United States Code, or otherwise pursuant to Office 
of Management and Budget Circular A-76. 
(b) REVIEW
AND REPORT
TO CONGRESS.—During fiscal year 
2010, the Secretary of Defense, acting through the Under Secretary 
of Defense for Personnel Readiness, in consultation with the Under 
Secretary for Acquisition, Technology, and Logistics and the Comp-
troller of the Department of Defense, shall undertake a comprehen-
sive review of the policies of the Department of Defense with 
respect to the conduct of public-private competitions. The Secretary 
shall submit to the congressional defense committees a report on 
such review not earlier than June 15, 2010. The review, at a 
minimum, shall address— 
(1) the status of the compliance of the Department with 
the requirement of 2461(a)(1) of title 10, United States Code, 
as amended by section 321 of this Act; 
Time period. 
10 USC 4544 
note. 
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123 STAT. 2254 
PUBLIC LAW 111–84—OCT. 28, 2009 
(2) actions taken by the Secretary to address issues raised 
in the report of the Department of Defense Inspector General 
numbered D-2009-034 and dated December 15, 2008; 
(3) the reliability of systems in effect as of the date of 
the enactment of this Act to provide comprehensive and reliable 
data to track and assess the cost and quality of the performance 
of functions that have been subjected to a public-private com-
petition; 
(4) the appropriateness of the cost differential in effect 
as of the date of the enactment of this Act for determining 
the quantifiable costs and the current overhead rates applied 
with respect to such functions; and 
(5) the adequacy of the policies of the Department of 
Defense in implementing the requirements of section 2461(a)(4) 
of title 10, United States Code. 
(c) COMPTROLLER GENERAL REVIEW.—Not later than 90 days 
after the date on which the report required under subsection (b) 
is submitted to the congressional defense committees, the Comp-
troller General shall conduct an assessment of the review required 
under paragraph (b) and shall submit to the congressional defense 
committees a report on the findings of such assessment and any 
conclusions or recommendations of the Comptroller General based 
on such assessment. 
(d) CERTIFICATION REQUIRED.—The Secretary of Defense shall 
publish in the Federal Register and submit to the congressional 
defense committees certification that— 
(1) the review required by subsection (b) has been com-
pleted, and that the 90-day period during which the assessment 
of the Comptroller General is to be completed under subsection 
(c) has expired; 
(2) the Secretary of Defense has completed and submitted 
to the congressional defense committees a complete inventory 
of contracts for services for or on behalf of the Department 
in compliance with the requirements of subsection (c) of section 
2330a of title 10, United States Code; 
(3) the Secretary of each military department and the 
head of each Defense Agency responsible for activities in the 
inventory has initiated the review and planning activities of 
subsection (e) of such section; and 
(4) the Secretary of Defense has submitted budget informa-
tion on contract services in compliance with the requirements 
of section 236 of title 10, United States Code. 
SEC. 326. REQUIREMENT FOR DEBRIEFINGS RELATED TO CONVERSION 
OF 
FUNCTIONS 
FROM 
PERFORMANCE 
BY 
FEDERAL 
EMPLOYEES TO PERFORMANCE BY A CONTRACTOR. 
The Administrator for Federal Procurement Policy shall revise 
the Federal Acquisition Regulation to allow for debriefings of Fed-
eral employee representatives designated pursuant to 3551(2)(B) 
of title 31, United States Code, to the same extent and under 
the same circumstances as any offeror, in the case of a conversion 
of any function from performance by Federal employees to perform-
ance 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 Administrative Services Act 
of 1949 (41 U.S.C. 253b(f)), and subparts 15.505 and 15.506 (as 
31 USC 501 note. 
Federal Register, 
publication. 
Deadline. 
Assessment. 
Reports. 
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123 STAT. 2255 
PUBLIC LAW 111–84—OCT. 28, 2009 
in effect on the date of the enactment of this Act ) of the Federal 
Acquisition Regulation. 
SEC. 327. 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. 
(a) PROTEST JURISDICTION OF THE COMPTROLLER GENERAL.— 
Section 3551(1) of title 31, United States Code, is amended by 
adding at the end the following new subparagraph: 
‘‘(E) Conversion of a function that is being performed 
by Federal employees to private sector performance.’’. 
(b) ELIGIBILITY TO PROTEST PUBLIC-PRIVATE COMPETITIONS.— 
Clause (i) of paragraph (2)(B) of section 3551 of title 31, United 
States Code, is amended to read as follows: 
‘‘(i) any official who is responsible for submitting 
the agency tender in such competition; and’’. 
(c) DECISIONS ON PROTESTS.—Section 3554(b) of title 31, United 
States Code, is amended— 
(1) by redesignating subparagraphs (C) through (G) as sub-
paragraphs (D) through (H), respectively; 
(2) by inserting after subparagraph (B) the following new 
subparagraph (C): 
‘‘(C) cancel the solicitation issued pursuant to the 
public-private competition conducted under Office of 
Management and Budget Circular A–76 or any successor 
circular;’’; and 
(3) in subparagraph (G), as redesignated by paragraph 
(1), by striking ‘‘, and (E)’’ and inserting ‘‘, (E), and (F)’’. 
(d) APPLICABILITY.—The amendments made by this section shall 
apply— 
(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 Management and Budget Circular 
A–76, or any successor circular; and 
(2) to a decision made after the date of the enactment 
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. 
SEC. 328. IMPROVEMENT OF INVENTORY MANAGEMENT PRACTICES. 
(a) INVENTORY MANAGEMENT PRACTICES IMPROVEMENT PLAN 
REQUIRED.—Not later than 270 days after the date of the enactment 
of this Act, the Secretary of Defense shall submit to the congres-
sional defense committees a comprehensive plan for improving the 
inventory management systems of the military departments and 
the Defense Logistics Agency with the objective of reducing the 
acquisition and storage of secondary inventory that is excess to 
requirements. 
(b) ELEMENTS.—The plan under subsection (a) shall include 
the following: 
(1) A plan for a comprehensive review of demand-fore-
casting procedures to identify and correct any systematic weak-
nesses in such procedures, including the development of metrics 
to identify bias toward over-forecasting and adjust forecasting 
methods accordingly. 
(2) A plan to accelerate the efforts of the Department 
of Defense to achieve total asset visibility, including efforts 
Deadline. 
10 USC 2458 
note. 
31 USC 3551 
note. 
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123 STAT. 2256 
PUBLIC LAW 111–84—OCT. 28, 2009 
to link wholesale and retail inventory levels through multi- 
echelon modeling. 
(3) A plan to reduce the average level of on-order secondary 
inventory that is excess to requirements, including a require-
ment for the systemic review of such inventory for possible 
contract termination. 
(4) A plan for the review and validation of methods used 
by the military departments and the Defense Logistics Agency 
to establish economic retention requirements. 
(5) A plan for an independent review of methods used 
by the military departments and the Defense Logistics Agency 
to establish contingency retention requirements. 
(6) A plan to identify items stored in secondary inventory 
that require substantial amounts of storage space and shift 
such items, where practicable, to direct vendor delivery. 
(7) A plan for a comprehensive assessment of inventory 
items on hand that have no recurring demands, including the 
development of— 
(A) metrics to track years of no demand for items 
in stock; and 
(B) procedures for ensuring the systemic review of 
such items for potential reutilization or disposal. 
(8) A plan to more aggressively pursue disposal reviews 
and actions on stocks identified for potential reutilization or 
disposal. 
(c) GAO REPORTS.— 
(1) ASSESSMENT OF PLAN.—Not later than 60 days after 
the date on which the plan required by subsection (a) is sub-
mitted as specified in that subsection, the Comptroller General 
shall submit to the congressional defense committees a report 
setting forth an assessment of the extent to which the plan 
meets the requirements of this section. 
(2) ASSESSMENT OF IMPLEMENTATION.—Not later than 18 
months after the date on which the plan required by subsection 
(a) is submitted, the Comptroller General shall submit to the 
congressional defense committees a report setting forth an 
assessment of the extent to which the plan has been effectively 
implemented by each military department and by the Defense 
Logistics Agency. 
(d) INVENTORY THAT IS EXCESS TO REQUIREMENTS DEFINED.— 
In this section, the term ‘‘inventory that is excess to requirements’’ 
means inventory that— 
(1) is excess to the approved acquisition objective concerned; 
and 
(2) is not needed for the purposes of economic retention 
or contingency retention. 
SEC. 329. MODIFICATION OF DATE FOR SUBMITTAL TO CONGRESS 
OF ANNUAL REPORT ON FUNDING FOR PUBLIC AND PRI-
VATE PERFORMANCE OF DEPOT-LEVEL MAINTENANCE 
AND REPAIR WORKLOADS. 
Section 2466(d)(1) of title 10, United States Code, is amended 
by striking ‘‘April 1 of each year’’ and inserting ‘‘90 days after 
the date on which the budget of the President for a fiscal year 
is submitted to Congress pursuant to section 1105 of title 31’’. 
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123 STAT. 2257 
PUBLIC LAW 111–84—OCT. 28, 2009 
Subtitle D—Energy Security 
SEC. 331. AUTHORIZATION OF APPROPRIATIONS FOR DIRECTOR OF 
OPERATIONAL ENERGY. 
Of the amounts authorized to be appropriated for Operation 
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. 
SEC. 332. EXTENSION AND EXPANSION OF REPORTING REQUIREMENTS 
REGARDING DEPARTMENT OF DEFENSE ENERGY EFFI-
CIENCY PROGRAMS. 
(a) NEW REPORTING REQUIREMENTS.—Section 2925(a) of title 
10, United States Code, is amended— 
(1) in paragraph (1), by inserting after ‘‘(Public Law 109- 
58),’’ the following: ‘‘section 2911(e) of this title, section 533 
of the National Energy Conservation Policy Act (42 U.S.C. 
8259b),’’; 
(2) by redesignating paragraphs (2) through (6) as para-
graphs (4) through (8), respectively; 
(3) by inserting after paragraph (1) the following new para-
graphs (2) and (3): 
‘‘(2) A table detailing funding, by account, for all energy 
projects funded through appropriations. 
‘‘(3) A table listing all energy projects financed through 
third party financing mechanisms (including energy savings 
performance contracts, enhanced use leases, utility energy 
service contracts, utility privatization agreements, and other 
contractual mechanisms), the duration of each such mechanism, 
an estimate of the financial obligation incurred through the 
duration of each such mechanism, and the estimated payback 
period for each such mechanism.’’; and 
(4) by adding at the end the following new paragraphs: 
‘‘(9) A description of steps taken to determine best practices 
for measuring energy consumption in Department of Defense 
facilities and installations, in order to use the data for better 
energy management. 
‘‘(10) A description of any other issues and strategies the 
Secretary determines relevant to a comprehensive and renew-
able energy policy.’’. 
(b) ADDITIONAL MATERIAL REQUIRED
FOR FIRST EXPANDED 
REPORT.—The first report submitted by the Secretary of Defense 
under section 2925(a) of title 10, United States Code, as amended 
by subsection (a), after the date of the enactment of this Act 
shall include, in addition to the matters required under such section, 
as so amended, the following: 
(1) A determination of whether the tools that exist as 
of the date of the enactment of this Act, including the Energy 
Conservation Investment Program and the Energy Savings 
Performance Contracts Program, are sufficient to support 
renewable energy projects to achieve the Department’s installa-
tion energy goals, or if new funding mechanisms would be 
beneficial. 
Determination. 
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123 STAT. 2258 
PUBLIC LAW 111–84—OCT. 28, 2009 
(2) A determination of the cost and feasibility of a policy 
that would require new power generation projects established 
on installations to be able to switch to provide power for mili-
tary operations in the event of a commercial grid outage. 
(3) An assessment of the extent to which State and regional 
laws and regulations and market structures provide opportuni-
ties or obstacles to establish renewable energy projects on mili-
tary installations. 
(4) A determination of the cost and feasibility of developing 
or acquiring equipment or systems that would result in maxi-
mized use of renewable energy sources at contingency locations. 
(5) An assessment of the feasibility of meeting the Depart-
ment’s renewable energy goals with on-base renewable energy 
production rather than with renewable energy credits. 
(6) An analysis of the percentage of new construction 
projects subject to the Department’s current building construc-
tion sustainable design standards (Leadership in Energy and 
Environmental Design standards) that include a renewable 
energy component, and a determination as to whether the 
criteria of the Department’s design standards, as in effect on 
the date of the enactment of this Act, are consistent with 
the overall goals, including renewable energy goals, of the Sec-
retary. 
(7) The feasibility and cost of developing net-zero energy 
installations and a detailed assessment, by installation, of 
power production (including renewable energy) measured 
against energy consumption. 
(8) A determination of whether a dedicated funding mecha-
nism for renewable energy projects for stand-alone facilities, 
including National Guard and Reserve centers, would encourage 
greater use of renewable energy sources both at existing facili-
ties and in new construction. 
(c) COMPTROLLER GENERAL REVIEW.—Not later than 180 days 
after the date on which the Secretary of Defense submits the 
supplemental report required under subsection (b), the Comptroller 
General shall review the supplemental report and submit to Con-
gress a report on such review. The Comptroller General may conduct 
such independent analysis of any issues covered by such supple-
mental report, as necessary in furtherance of the requirements 
of this section. 
SEC. 333. REPORT ON IMPLEMENTATION OF COMPTROLLER GENERAL 
RECOMMENDATIONS ON FUEL DEMAND MANAGEMENT AT 
FORWARD-DEPLOYED LOCATIONS. 
Not later than February 1, 2010, the Director of Operational 
Energy Plans and Programs of the Department of Defense (or, 
in the event that no individual has been confirmed as the Director, 
the Secretary of Defense) shall submit to the Committees on Armed 
Services of the Senate and House of Representatives a report on 
any specific actions that have been taken to implement the following 
three recommendations made by the Comptroller General: 
(1) The recommendation that each of the combatant com-
manders establish requirements for managing fuel demand at 
forward-deployed locations within their respective areas of 
responsibility. 
(2) The recommendation that the head of each military 
department develop guidance to implement such requirements. 
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123 STAT. 2259 
PUBLIC LAW 111–84—OCT. 28, 2009 
(3) The recommendation that the Chairman of the Joint 
Chiefs of Staff require that fuel demand considerations be 
incorporated into the Joint Staff’s initiative to develop joint 
standards of life support at forward-deployed locations. 
SEC. 334. REPORT ON USE OF RENEWABLE FUELS TO MEET ENERGY 
REQUIREMENTS OF DEPARTMENT OF DEFENSE. 
Not later than February 1, 2010, the Secretary of Defense 
shall submit to the Committees on Armed Services of the Senate 
and House of Representatives a report on the use and potential 
use of renewable fuels in meeting the energy requirements of the 
Department of Defense. Such report shall include each of the fol-
lowing: 
(1) An assessment of the use of renewable fuels, including 
domestically produced algae-based, biodiesel, and biomass- 
derived fuels, as alternative fuels in aviation, maritime, and 
ground transportation fleets (including tactical vehicles and 
applications). 
Such 
assessment 
shall 
include 
technical, 
logistical, and policy considerations. 
(2) An assessment of whether it would be beneficial to 
establish a renewable fuel commodity class that is distinct 
from petroleum-based products. 
SEC. 335. ENERGY SECURITY ON DEPARTMENT OF DEFENSE INSTALLA-
TIONS. 
(a) PLAN FOR ENERGY SECURITY REQUIRED.— 
(1) IN GENERAL.—Not later than 180 days after the date 
of the enactment of this Act, the Secretary of Defense shall 
develop a plan for identifying and addressing areas in which 
the electricity needed to carry out critical military missions 
on Department of Defense installations is vulnerable to disrup-
tion. 
(2) ELEMENTS.—The plan developed under paragraph (1) 
shall include, at a minimum, the following: 
(A) An identification of the areas of vulnerability as 
described in paragraph (1), and an identification of prior-
ities in addressing such areas of vulnerability. 
(B) A schedule for the actions to be taken by the 
Department to address such areas of vulnerability. 
(C) A strategy for working with other public or private 
sector entities to address such areas of vulnerability that 
are beyond the control of the Department. 
(D) An estimate of and consideration for the costs 
to the Department associated with implementation of the 
strategy. 
(b) WORK WITH NON-DEPARTMENT
OF DEFENSE ENTITIES.— 
The Secretary of Defense shall work with other Federal entities, 
and with State and local government entities, to develop any regula-
tions or other mechanisms needed to require or encourage actions 
to address areas of vulnerability identified pursuant to the plan 
developed under subsection (a) that are beyond the control of the 
Department of Defense. 
Deadline. 
10 USC 2911 
note. 
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123 STAT. 2260 
PUBLIC LAW 111–84—OCT. 28, 2009 
Subtitle E—Reports 
SEC. 341. ANNUAL REPORT ON PROCUREMENT OF MILITARY WORKING 
DOGS. 
Section 358 of the Duncan Hunter National Defense Authoriza-
tion Act for Fiscal Year 2009 (Public Law 110–417; 122 Stat. 4427; 
10 U.S.C. 2302 note) is amended— 
(1) by redesignating subsection (c) as subsection (d); and 
(2) by inserting after subsection (b) the following new sub-
section (c): 
‘‘(c) ANNUAL REPORT.—Not later than 90 days after the date 
of the enactment of the National Defense Authorization Act for 
Fiscal Year 2010, and annually thereafter for each of the following 
five years, the Secretary, acting through the Executive Agent, shall 
submit to the congressional defense committees a report on the 
procurement of military working dogs for the fiscal year preceding 
the fiscal year during which the report is submitted. Such a report 
may be combined with the report required under section 2583(f) 
of title 10, United States Code, for the same fiscal year as the 
fiscal year covered by the report under this subsection. Each report 
under this subsection shall include the following for the fiscal 
year covered by the report: 
‘‘(1) The number of military working dogs procured, by 
source, by each military department or Defense Agency. 
‘‘(2) The cost of procuring military working dogs incurred 
by each military department or Defense Agency. 
‘‘(3) An explanation for any significant difference in the 
cost of procuring military working dogs from different sources.’’. 
SEC. 342. PLAN FOR MANAGING VEGETATIVE ENCROACHMENT AT 
TRAINING RANGES. 
Not later than one year after the date of the enactment of 
this Act, the Secretary of Defense shall submit to the congressional 
defense committees a report that includes the following: 
(1) An assessment of the extent to which vegetation and 
overgrowth limits the use of military lands available for 
training of the Armed Forces in the United States and overseas. 
(2) An identification of the particular installations and 
training areas at which vegetation and overgrowth negatively 
impact the use of training space. 
(3) A plan to address training constraints caused by vegeta-
tion and overgrowth. 
SEC. 343. COMPTROLLER GENERAL REPORT ON THE SUSTAINMENT 
STRATEGY FOR THE AV-8B HARRIER AIRCRAFT. 
(a) REPORT REQUIRED.—Not later than 180 days after the date 
of the enactment of this Act, the Comptroller General shall submit 
to the congressional defense committees a report on the sustainment 
strategy for the AV-8B Harrier aircraft. 
(b) MATTERS COVERED.—The report under subsection (a) shall 
include, at a minimum, each of the following: 
(1) An assessment of the AV-8B Integrated Maintenance 
Concept, including the acquisition strategy developed to conduct 
planned maintenance interval events. 
(2) An evaluation of the process and criteria established 
to determine the assignment of non-core workload. 
Reports. 
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PUBLIC LAW 111–84—OCT. 28, 2009 
(3) An examination of the role of the single process owner 
in distribution of non-core workload, standardization of work-
load 
processes, 
facilitation 
of 
public-private 
partnering, 
implementation of lessons learned, and execution of contracting 
authority. 
(4) An evaluation of the execution of responsibilities by 
the single process owner to reduce planned maintenance 
interval turn-around time, to reduce cost, to improve material 
availability, and to ensure necessary logistics and engineering 
functions are in place to meet objective goals. 
SEC. 344. STUDY ON ARMY MODULARITY. 
(a) STUDY.— 
(1) IN GENERAL.—Not later than 30 days after the date 
of the enactment of this Act, the Secretary of Defense shall 
enter into a contract with a Federally Funded Research and 
Development Center for the conduct of a study on the current 
and planned modularity structures of the Army to determine 
each of the following: 
(A) The operational capability of the Army to execute 
the core mission of the Army to contribute land power 
to joint operations. 
(B) The ability to manage the flexibility and versatility 
of Army forces across the range of military operations. 
(C) The tactical, operational, and strategic risk associ-
ated with the heavy, medium, and light modular combat 
brigades and functional support and sustainment brigades. 
(D) The required and planned end strength for the 
Army. 
(2) FACTORS TO CONSIDER.—The study required under sub-
section (a) shall take into consideration the following factors: 
(A) The historical experience of the Army with separate 
brigade structures. 
(B) The original Army analysis or other relevant anal-
yses, including explicit or implicit assumptions, upon which 
the modular brigade combat team, functional support and 
sustainment brigades, and higher headquarters’ designs 
were based. 
(C) Subsequent analysis that confirmed or modified 
the original designs. 
(D) Lessons learned from Operation Iraqi Freedom and 
Operation Enduring Freedom, including an identification 
and analysis of how modular brigades or formations were 
task organized and employed that may have differed from 
the original modular concept and how that confirmed or 
modified the original designs. 
(E) Improvements the Army has made or is imple-
menting in brigade and headquarters designs. 
(F) The deployability, employability, and sustainability 
of modular formations compared to the corresponding pre- 
modular designs of such formations. 
(3) ACCESS
TO
INFORMATION.—The Secretary of Defense 
and the Secretary of the Army shall ensure that the Federally 
Funded Research and Development Center conducting the 
study required under subsection (a) has access to all necessary 
data, records, analysis, personnel, and other resources nec-
essary to complete the study. 
Contracts. 
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123 STAT. 2262 
PUBLIC LAW 111–84—OCT. 28, 2009 
(b) REPORT.— 
(1) IN GENERAL.—Not later than December 31, 2010, the 
Secretary of Defense shall submit to the congressional defense 
committees a report containing— 
(A) the results of the study conducted under subsection 
(a), together with the comments of the Secretary of Defense 
on the findings contained in the study; and 
(B) the separate and independent comments of the 
Secretary of the Army on the findings contained in the 
study. 
(2) CLASSIFIED ANNEX.—The report shall be in unclassified 
form, but may contain a classified annex. 
Subtitle F—Other Matters 
SEC. 351. AUTHORITY FOR AIRLIFT TRANSPORTATION AT DEPART-
MENT OF DEFENSE RATES FOR NON-DEPARTMENT OF 
DEFENSE FEDERAL CARGOES. 
(a) IN GENERAL.—Section 2642(a) of title 10, United States 
Code, is amended by adding at the end the following new paragraph: 
‘‘(3) During the five-year period beginning on the date 
of the enactment of the National Defense Authorization Act 
for Fiscal Year 2010, for military airlift services provided to 
any element of the Federal Government outside the Department 
of Defense in circumstances other than those specified in para-
graphs (1) and (2), but only if the Secretary of Defense deter-
mines that the provision of such services will promote the 
improved use of airlift capacity without any negative effect 
on the national security objectives or the national security 
interests contained within the United States commercial air 
industry.’’. 
(b) ANNUAL REPORT.—Not later than March 1 of each year 
for which the paragraph (3) of section 2642(a) of title 10, United 
States Code, as added by subsection (a), is in effect, the Secretary 
of Defense shall submit to the Committees on Armed Services 
of the Senate and House of Representatives an annual report 
describing, in detail, the Secretary’s use of the authority under 
that paragraph, including— 
(1) how the authority was used; 
(2) the frequency with which the authority was used; 
(3) the Secretary’s rationale for the use of the authority; 
and 
(4) for which agencies the authority was used. 
SEC. 352. POLICY ON GROUND COMBAT AND CAMOUFLAGE UTILITY 
UNIFORMS. 
(a) ESTABLISHMENT OF POLICY.—It is the policy of the United 
States that the design and fielding of all future ground combat 
and camouflage utility uniforms of the Armed Forces may uniquely 
reflect the identity of the individual military services, as long as 
such ground combat and camouflage utility uniforms, to the max-
imum extent practicable— 
(1) provide members of every military service an equivalent 
level of performance, functionality, and protection commensu-
rate with their respective assigned combat missions; 
10 USC 771 note 
prec. 
Time period. 
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PUBLIC LAW 111–84—OCT. 28, 2009 
(2) minimize risk to the individual soldier, sailor, airman, 
or marine operating in the joint battlespace; and 
(3) provide interoperability with other components of indi-
vidual war fighter systems, including body armor and other 
individual protective systems. 
(b) COMPTROLLER
GENERAL
ASSESSMENT.—The Comptroller 
General shall conduct an assessment of the ground combat uniforms 
and camouflage utility uniforms currently in use in the Department 
of Defense. The assessment shall examine, at a minimum, each 
of the following: 
(1) The overall performance of each uniform in various 
anticipated combat environments and theaters of operations. 
(2) Whether the uniform design of each uniform conforms 
adequately and is interoperable with currently issued personal 
protective gear and body armor. 
(3) Costs associated with the design, development, produc-
tion, procurement, and fielding of existing service-specific 
ground combat and camouflage utility uniforms. 
(4) Challenges and risks associated with fielding members 
of the Armed Forces into combat theaters in unique or service- 
specific ground combat or camouflage utility uniforms, including 
the tactical risk to the individuals serving in individual 
augmentee, in-lieu of force, or joint duty assignments of use 
of different ground combat uniforms in a combat environment. 
(5) Implications of the use of patents and other proprietary 
measures that may preclude sharing of technology, advanced 
uniform design, camouflage techniques, and fire retardence. 
(6) Logistical requirements to field and support forces in 
varying combat or utility uniforms. 
(c) REPORT REQUIRED.—Not later than 180 days after the date 
of the enactment of this Act, the Comptroller General shall submit 
to the congressional defense committees the results of the assess-
ment conducted under subsection (b). 
(d) REQUIREMENT FOR JOINT CRITERIA.—In support of the policy 
established in subsection (a), the Secretaries of the military depart-
ments, consistent with the authority set out in subtitles B, C, 
and D of title 10, United States Code, shall establish joint criteria 
for future ground combat uniforms by not later than 270 days 
after the Comptroller General submits the report required under 
subsection (c). The joint criteria shall take into account the findings 
and recommendations of such report and ensure that new tech-
nologies, advanced materials, and other advances in ground combat 
uniform design may be shared between the military services and 
are not precluded from being adapted for use by any military 
service due to military service-unique proprietary arrangements. 
SEC. 353. CONDITION-BASED MAINTENANCE DEMONSTRATION PRO-
GRAMS. 
(a) TACTICAL WHEELED VEHICLES PROGRAM.—The Secretary 
of the Army may conduct a 12-month condition-based maintenance 
demonstration program on selected vehicle systems that include 
on-board diagnostic systems suitable to such a demonstration pro-
gram. 
(b) SURFACE COMBATANT SHIP PROGRAM.—The Secretary of the 
Navy may conduct a 12-month demonstration program on selected 
systems or components of surface combatant ships that include 
Deadline. 
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123 STAT. 2264 
PUBLIC LAW 111–84—OCT. 28, 2009 
integral diagnostic systems suitable to such a demonstration pro-
gram. 
(c) ISSUES TO BE ADDRESSED.—The demonstration programs 
described in subsections (a) and (b) shall address, with respect 
to each vehicle, system, or component for which the program is 
conducted— 
(1) the top 10 maintenance issues; 
(2) non-evidence of failures; and 
(3) the projected return on investment analysis for a 10- 
year period. 
(d) OPEN ARCHITECTURE.—The design, system integration, and 
operations of the demonstration programs described in subsections 
(a) and (b) shall be conducted with an open architecture designed 
to— 
(1) facilitate interface with industry standard computer 
languages, common software systems, diagnostics tools, ref-
erence models, diagnostics reasoners, electronic libraries, and 
user interfaces for multiple ship and vehicle types; and 
(2) promote competition and ensure the best overall value 
to the Department of Defense. 
(e) REPORT.—Not later than October 1, 2010, the Secretary 
of the Army and the Secretary of the Navy shall jointly submit 
to the congressional defense committees a report containing the 
assessments of each of the Secretaries with respect to whether 
the respective military department could reduce maintenance costs 
and improve operational readiness by implementing condition-based 
maintenance for the current and future tactical wheeled vehicle 
fleets and Navy surface combatants. 
SEC. 354. EXTENSION OF ARSENAL SUPPORT PROGRAM INITIATIVE. 
Section 343 of the Floyd D. Spence National Defense Authoriza-
tion Act for Fiscal Year 2001 (10 U.S.C. 4551 note), as amended 
by section 341 of the National Defense Authorization Act for Fiscal 
Year 2008 (Public Law 110–181; 122 Stat. 69), is further amended— 
(1) in subsection (a), by striking ‘‘2010’’ and inserting 
‘‘2011’’; and 
(2) in subsection (g)(1), by striking ‘‘2010’’ and inserting 
‘‘2011’’. 
TITLE IV—MILITARY PERSONNEL 
AUTHORIZATIONS 
Subtitle A—Active Forces 
Sec. 401. End strengths for active forces. 
Sec. 402. Revision in permanent active duty end strength minimum levels. 
Sec. 403. Additional authority for increases of Army active-duty end strengths for 
fiscal years 2011 and 2012. 
Subtitle B—Reserve Forces 
Sec. 411. End strengths for Selected Reserve. 
Sec. 412. End strengths for Reserves on active duty in support of the Reserves. 
Sec. 413. End strengths for military technicians (dual status). 
Sec. 414. Fiscal year 2010 limitation on number of non-dual status technicians. 
Sec. 415. Maximum number of reserve personnel authorized to be on active duty 
for operational support. 
Sec. 416. Submittal of options for creation of Trainees, Transients, Holdees, and 
Students account for the Army National Guard. 
Sec. 417. Report on requirements of the National Guard for non-dual status techni-
cians. 
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123 STAT. 2265 
PUBLIC LAW 111–84—OCT. 28, 2009 
Sec. 418. Expansion of authority of Secretaries of the military departments to in-
crease certain end strengths to include Selected Reserve end strengths. 
Subtitle C—Authorization of Appropriations 
Sec. 421. Military personnel. 
Sec. 422. Repeal of delayed one-time shift of military retirement payments. 
Subtitle A—Active Forces 
SEC. 401. END STRENGTHS FOR ACTIVE FORCES. 
The Armed Forces are authorized strengths for active duty 
personnel as of September 30, 2010, as follows: 
(1) The Army, 562,400. 
(2) The Navy, 328,800. 
(3) The Marine Corps, 202,100. 
(4) The Air Force, 331,700. 
SEC. 402. REVISION IN PERMANENT ACTIVE DUTY END STRENGTH 
MINIMUM LEVELS. 
Section 691(b) of title 10, United States Code, is amended 
by striking paragraphs (1) through (4) and inserting the following 
new paragraphs: 
‘‘(1) For the Army, 547,400. 
‘‘(2) For the Navy, 328,800. 
‘‘(3) For the Marine Corps, 202,100. 
‘‘(4) For the Air Force, 331,700.’’. 
SEC. 403. ADDITIONAL AUTHORITY FOR INCREASES OF ARMY ACTIVE- 
DUTY END STRENGTHS FOR FISCAL YEARS 2011 AND 2012. 
(a) 
AUTHORITY
TO
INCREASE
ARMY
ACTIVE-DUTY
END 
STRENGTHS.— 
(1) AUTHORITY.—For each of fiscal years 2011 and 2012, 
the Secretary of Defense may, as the Secretary determines 
necessary for the purposes specified in paragraph (2), establish 
the active-duty end strength for the Army at a number greater 
than the number otherwise authorized by law up to the number 
equal to the fiscal-year 2010 baseline plus 30,000. 
(2) PURPOSE
OF
INCREASES.—The purposes for which 
increases may be made in Army active-duty end strengths 
under paragraph (1) are— 
(A) to support operational missions; and 
(B) to achieve reorganizational objectives, including 
increased unit manning, force stabilization and shaping, 
and supporting wounded warriors. 
(3) FISCAL-YEAR
2010
BASELINE.—In this subsection, the 
term ‘‘fiscal-year 2010 baseline’’, means the active-duty end 
strength authorized for the Army in section 401(1). 
(4) ACTIVE-DUTY END STRENGTH.—In this subsection, the 
term ‘‘active-duty end strength’’ means the strength for active- 
duty personnel of one the Armed Forces as of the last day 
of a fiscal year. 
(b) RELATIONSHIP
TO
PRESIDENTIAL
WAIVER
AUTHORITY.— 
Nothing in this section shall be construed to limit the President’s 
authority under section 123a of title 10, United States Code, to 
waive any statutory end strength in a time of war or national 
emergency. 
(c) RELATIONSHIP
TO
OTHER
VARIANCE
AUTHORITY.—The 
authority under subsection (a) is in addition to the authority to 
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123 STAT. 2266 
PUBLIC LAW 111–84—OCT. 28, 2009 
vary authorized end strengths that is provided in subsections (e) 
and (f) of section 115 of title 10, United States Code. 
(d) BUDGET TREATMENT.—If the Secretary of Defense deter-
mines under subsection (a) that an increase in the Army active- 
duty end strength for a fiscal year is necessary, then the budget 
for the Department of Defense for that fiscal year as submitted 
to the President shall include the amounts necessary for funding 
that active-duty end strength in excess of the fiscal year 2010 
active-duty end strength authorized for the Army under section 
401(1). 
Subtitle B—Reserve Forces 
SEC. 411. END STRENGTHS FOR SELECTED RESERVE. 
(a) IN GENERAL.—The Armed Forces are authorized strengths 
for Selected Reserve personnel of the reserve components as of 
September 30, 2010, as follows: 
(1) The Army National Guard of the United States, 358,200. 
(2) The Army Reserve, 205,000. 
(3) The Navy Reserve, 65,500. 
(4) The Marine Corps Reserve, 39,600. 
(5) The Air National Guard of the United States, 106,700. 
(6) The Air Force Reserve, 69,500. 
(7) The Coast Guard Reserve, 10,000. 
(b) END STRENGTH REDUCTIONS.—The end strengths prescribed 
by subsection (a) for the Selected Reserve of any reserve component 
shall be proportionately reduced by— 
(1) the total authorized strength of units organized to serve 
as units of the Selected Reserve of such component which 
are on active duty (other than for training) at the end of 
the fiscal year; and 
(2) the total number of individual members not in units 
organized to serve as units of the Selected Reserve of such 
component who are on active duty (other than for training 
or for unsatisfactory participation in training) without their 
consent at the end of the fiscal year. 
(c) END STRENGTH INCREASES.—Whenever units or individual 
members of the Selected Reserve of any reserve component are 
released from active duty during any fiscal year, the end strength 
prescribed for such fiscal year for the Selected Reserve of such 
reserve component shall be increased proportionately by the total 
authorized strengths of such units and by the total number of 
such individual members. 
SEC. 412. END STRENGTHS FOR RESERVES ON ACTIVE DUTY IN SUP-
PORT OF THE RESERVES. 
Within the end strengths prescribed in section 411(a), the 
reserve components of the Armed Forces are authorized, as of 
September 30, 2010, the following number of Reserves to be serving 
on full-time active duty or full-time duty, in the case of members 
of the National Guard, for the purpose of organizing, administering, 
recruiting, instructing, or training the reserve components: 
(1) The Army National Guard of the United States, 32,060. 
(2) The Army Reserve, 16,261. 
(3) The Navy Reserve, 10,818. 
(4) The Marine Corps Reserve, 2,261. 
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123 STAT. 2267 
PUBLIC LAW 111–84—OCT. 28, 2009 
(5) The Air National Guard of the United States, 14,555. 
(6) The Air Force Reserve, 2,896. 
SEC. 413. END STRENGTHS FOR MILITARY TECHNICIANS (DUAL 
STATUS). 
The minimum number of military technicians (dual status) 
as of the last day of fiscal year 2010 for the reserve components 
of the Army and the Air Force (notwithstanding section 129 of 
title 10, United States Code) shall be the following: 
(1) For the Army Reserve, 8,395. 
(2) For the Army National Guard of the United States, 
27,210. 
(3) For the Air Force Reserve, 10,417. 
(4) For the Air National Guard of the United States, 22,313. 
SEC. 414. FISCAL YEAR 2010 LIMITATION ON NUMBER OF NON-DUAL 
STATUS TECHNICIANS. 
(a) LIMITATIONS.— 
(1) NATIONAL GUARD.—Within the limitation provided in 
section 10217(c)(2) of title 10, United States Code, the number 
of non-dual status technicians employed by the National Guard 
as of September 30, 2010, may not exceed the following: 
(A) For the Army National Guard of the United States, 
1,600. 
(B) For the Air National Guard of the United States, 
350. 
(2) ARMY RESERVE.—The number of non-dual status techni-
cians employed by the Army Reserve as of September 30, 2010, 
may not exceed 595. 
(3) AIR FORCE RESERVE.—The number of non-dual status 
technicians employed by the Air Force Reserve as of September 
30, 2010, may not exceed 90. 
(b) NON-DUAL STATUS TECHNICIANS DEFINED.—In this section, 
the term ‘‘non-dual status technician’’ has the meaning given that 
term in section 10217(a) of title 10, United States Code. 
SEC. 415. MAXIMUM NUMBER OF RESERVE PERSONNEL AUTHORIZED 
TO BE ON ACTIVE DUTY FOR OPERATIONAL SUPPORT. 
During fiscal year 2010, the maximum number of members 
of the reserve components of the Armed Forces who may be serving 
at any time on full-time operational support duty under section 
115(b) of title 10, United States Code, is the following: 
(1) The Army National Guard of the United States, 17,000. 
(2) The Army Reserve, 13,000. 
(3) The Navy Reserve, 6,200. 
(4) The Marine Corps Reserve, 3,000. 
(5) The Air National Guard of the United States, 16,000. 
(6) The Air Force Reserve, 14,000. 
SEC. 416. SUBMITTAL OF OPTIONS FOR CREATION OF TRAINEES, TRAN-
SIENTS, HOLDEES, AND STUDENTS ACCOUNT FOR THE 
ARMY NATIONAL GUARD. 
(a) REPORT REQUIRED.—Not later than 180 days after the date 
of the enactment of this Act, the Secretary of the Army shall 
submit to the congressional defense committees a report evaluating 
options, and including a recommendation, for the creation of a 
Trainees, Transients, Holdees, and Students Account within the 
Army National Guard. 
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123 STAT. 2268 
PUBLIC LAW 111–84—OCT. 28, 2009 
(b) ELEMENTS.—The report required by subsection (a) shall 
address, at a minimum, the following: 
(1) The timelines, cost, force structure changes, and end 
strength changes associated with each option specified in the 
report. 
(2) The force structure and end strength changes and 
growth of the Army National Guard needed to support the 
account referred to in subsection (a). 
(3) An assessment of how the creation of such an account 
may affect plans under the Grow the Force initiative. 
(4) An assessment of the impact of such an account on 
readiness and training ratings for Army National Guard forces. 
SEC. 417. REPORT ON REQUIREMENTS OF THE NATIONAL GUARD FOR 
NON-DUAL STATUS TECHNICIANS. 
(a) REPORT REQUIRED.—Not later than 180 days after the date 
of the enactment of this Act, the Secretary of Defense shall submit 
to the Committees on Armed Services of the Senate and House 
of Representatives a report setting forth the following: 
(1) A description of the types of duties performed for the 
National Guard by non-dual status technicians. 
(2) A description of the current requirements of the 
National Guard for non-dual status technicians. 
(3) A description of various means of addressing any short-
falls in meeting such requirements, including both temporary 
shortfalls and permanent shortfalls. 
(4) A description of the demands of the National Guard 
for non-dual status technicians under the current operational 
tempo, and a description of the current and anticipated 
demands of the National Guard for non-dual status technicians 
as a result of the National Guard moving from a reserve force 
to an operational force. 
(5) An assessment whether an increase in the limit on 
the number of non-dual status technicians for the National 
Guard is advisable. 
(6) Such specific recommendations, including recommenda-
tions for legislative action, as the Secretary of Defense considers 
appropriate regarding future requirements and numbers of non- 
dual status technicians that are required to manage and sup-
port the National Guard. 
(b) CONSIDERATIONS.—The report required by subsection (a) 
shall take into consideration the effects of the mobilization of large 
numbers of National Guard military technicians (dual status) on 
the readiness of National Guard units in critically important areas 
and on the capacity of the National Guard to continue performing 
home-based missions and responsibilities for the States. 
SEC. 418. EXPANSION OF AUTHORITY OF SECRETARIES OF THE MILI-
TARY 
DEPARTMENTS 
TO 
INCREASE 
CERTAIN 
END 
STRENGTHS 
TO 
INCLUDE 
SELECTED 
RESERVE 
END 
STRENGTHS. 
Subsection (g) of section 115 of title 10, United States Code, 
is amended to read as follows: 
‘‘(g) AUTHORITY
FOR
SERVICE
SECRETARY
VARIANCES
FOR 
ACTIVE-DUTY AND SELECTED RESERVE END STRENGTHS.—(1) Upon 
determination by the Secretary of a military department that such 
action would enhance manning and readiness in essential units 
or in critical specialties or ratings, the Secretary may— 
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123 STAT. 2269 
PUBLIC LAW 111–84—OCT. 28, 2009 
‘‘(A) increase the end strength authorized pursuant to sub-
section (a)(1)(A) for a fiscal year for the armed force under 
the jurisdiction of that Secretary or, in the case of the Secretary 
of the Navy, for any of the armed forces under the jurisdiction 
of that Secretary, by a number equal to not more than 2 
percent of such authorized end strength; and 
‘‘(B) increase the end strength authorized pursuant to sub-
section (a)(2) for a fiscal year for the Selected Reserve of the 
reserve component of the armed force under the jurisdiction 
of that Secretary or, in the case of the Secretary of the Navy, 
for the Selected Reserve of the reserve component of any of 
the armed forces under the jurisdiction of that Secretary, by 
a number equal to not more than 2 percent of such authorized 
end strength. 
‘‘(2) Any increase under paragraph (1)(A) of the end strength 
for an armed force for a fiscal year shall be counted as part of 
the increase for that armed force for that fiscal year authorized 
under subsection (f)(1). Any increase under paragraph (1)(B) of 
the end strength for the Selected Reserve of a reserve component 
of an armed force for a fiscal year shall be counted as part of 
the increase for that Selected Reserve for that fiscal year authorized 
under subsection (f)(3).’’. 
Subtitle C—Authorization of 
Appropriations 
SEC. 421. MILITARY PERSONNEL. 
(a) AUTHORIZATION
OF
APPROPRIATIONS.—There is hereby 
authorized to be appropriated to the Department of Defense for 
military personnel for fiscal year 2010 a total of $136,016,281,000. 
(b) CONSTRUCTION OF AUTHORIZATION.—The authorization of 
appropriations in subsection (a) supersedes any other authorization 
of appropriations (definite or indefinite) for such purpose for fiscal 
year 2010. 
SEC. 422. REPEAL OF DELAYED ONE-TIME SHIFT OF MILITARY RETIRE-
MENT PAYMENTS. 
(a) REPEAL.—Section 1002 of the Duncan Hunter National 
Defense Authorization Act for Fiscal Year 2009 (Public Law 110– 
417; 122 Stat. 4581) is repealed. 
(b) EFFECT ON EARLIER TRANSFER.—The repeal of section 1002 
of the Duncan Hunter National Defense Authorization Act for Fiscal 
Year 2009 by subsection (a) shall not affect the validity of the 
transfer of funds made pursuant to subsection (e) of such section 
before the date of the enactment of this Act. 
TITLE V—MILITARY PERSONNEL 
POLICY 
Subtitle A—Officer Personnel Policy 
Sec. 501. Grade of Legal Counsel to the Chairman of the Joint Chiefs of Staff. 
Sec. 502. Modification of limitations on general and flag officers on active duty. 
Sec. 503. Revisions to annual reporting requirement on joint officer management. 
Sec. 504. Extension of temporary increase in maximum number of days leave mem-
bers may accumulate and carryover. 
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123 STAT. 2270 
PUBLIC LAW 111–84—OCT. 28, 2009 
Sec. 505. Computation of retirement eligibility for enlisted members of the Navy 
who complete the Seaman to Admiral (STA–21) officer candidate pro-
gram. 
Sec. 506. Independent review of judge advocate requirements of the Department of 
the Navy. 
Subtitle B—General Service Authorities 
Sec. 511. Continuation on active duty of reserve component members during phys-
ical disability evaluation following mobilization and deployment. 
Sec. 512. Medical examination required before administrative separation of mem-
bers diagnosed with or reasonably asserting post-traumatic stress dis-
order or traumatic brain injury. 
Sec. 513. Legal assistance for additional reserve component members. 
Sec. 514. Limitation on scheduling of mobilization or pre-mobilization training for 
Reserve units when certain suspension of training is likely. 
Sec. 515. Evaluation of test of utility of test preparation guides and education pro-
grams in improving qualifications of recruits for the Armed Forces. 
Sec. 516. Report on presence in the Armed Forces of members associated or affili-
ated with groups engaged in prohibited activities. 
Subtitle C—Education and Training 
Sec. 521. Detail of commissioned officers as students at schools of psychology. 
Sec. 522. Appointment of persons enrolled in Advanced Course of the Army Reserve 
Officers’ Training Corps at military junior colleges as cadets in Army 
Reserve or Army National Guard of the United States. 
Sec. 523. Expansion of criteria for appointment as member of the Board of Regents 
of the Uniformed Services University of the Health Sciences. 
Sec. 524. Use of Armed Forces Health Professions Scholarship and Financial As-
sistance program to increase number of health professionals with skills 
to assist in providing mental health care. 
Sec. 525. Department of Defense undergraduate nurse training program. 
Sec. 526. Increase in number of private sector civilians authorized for admission to 
National Defense University. 
Sec. 527. Appointments to military service academies from nominations made by 
Delegate from the Commonwealth of the Northern Mariana Islands. 
Sec. 528. Athletic association for the Air Force Academy. 
Sec. 529. Language training centers for members of the Armed Forces and civilian 
employees of the Department of Defense. 
Subtitle D—Defense Dependents’ Education 
Sec. 531. Continuation of authority to assist local educational agencies that benefit 
dependents of members of the Armed Forces and Department of Defense 
civilian employees. 
Sec. 532. Impact aid for children with severe disabilities. 
Sec. 533. Two-year extension of authority for assistance to local educational agen-
cies with enrollment changes due to base closures, force structure 
changes, or force relocations. 
Sec. 534. Authority to extend eligibility for enrollment in Department of Defense el-
ementary and secondary schools to certain additional categories of de-
pendents. 
Sec. 535. Permanent authority for enrollment in defense dependents’ education sys-
tem of dependents of foreign military members assigned to Supreme 
Headquarters Allied Powers, Europe. 
Sec. 536. Determination of number of weighted student units for local educational 
agencies for receipt of basic support payments under impact aid. 
Sec. 537. Study on options for educational opportunities for dependent children of 
members of the Armed Forces when public schools attended by such 
children are determined to need improvement. 
Sec. 538. Comptroller General audit of assistance to local educational agencies for 
dependent children of members of the Armed Forces. 
Sec. 539. Sense of Congress on the Interstate Compact on Educational Opportunity 
for Military Children. 
Subtitle E—Missing or Deceased Persons 
Sec. 541. Additional requirements for accounting for members of the Armed Forces 
and Department of Defense civilian employees listed as missing in con-
flicts occurring before enactment of new system for accounting for miss-
ing persons. 
Sec. 542. Policy and procedures on media access and attendance by family members 
at ceremonies for the dignified transfer of remains of members of the 
Armed Forces who die overseas. 
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PUBLIC LAW 111–84—OCT. 28, 2009 
Sec. 543. Report on expansion of authority of a member to designate persons to di-
rect disposition of the remains of a deceased member. 
Sec. 544. Sense of Congress on the recovery of the remains of members of the 
Armed Forces who were killed during World War II in the battle of 
Tarawa Atoll. 
Subtitle F—Decorations and Awards 
Sec. 551. Authorization and request for award of Medal of Honor to Anthony T. 
Kaho’ohanohano for acts of valor during the Korean War. 
Sec. 552. Authorization and request for award of Distinguished-Service Cross to 
Jack T. Stewart for acts of valor during the Vietnam War. 
Sec. 553. Authorization and request for award of Distinguished-Service Cross to 
William T. Miles, Jr., for acts of valor during the Korean War. 
Subtitle G—Military Family Readiness Matters 
Sec. 561. Establishment of online resources to provide information about benefits 
and services available to members of the Armed Forces and their fami-
lies. 
Sec. 562. Additional members on Department of Defense Military Family Readiness 
Council. 
Sec. 563. Support for military families with special needs. 
Sec. 564. Pilot program to secure internships for military spouses with Federal 
agencies. 
Sec. 565. Family and medical leave for family of servicemembers. 
Sec. 566. Deadline for report on sexual assault in the Armed Forces by Defense 
Task Force on Sexual Assault in the Military Services. 
Sec. 567. Improved prevention and response to allegations of sexual assault involv-
ing members of the Armed Forces. 
Sec. 568. Comptroller General report on progress made in implementing rec-
ommendations to reduce domestic violence in military families. 
Sec. 569. Report on impact of domestic violence on military families. 
Sec. 570. Report on international intrafamilial abduction of children of members of 
the Armed Forces. 
Sec. 571. Assessment of impact of deployment of members of the Armed Forces on 
their dependent children. 
Sec. 572. Report on child custody litigation involving service of members of the 
Armed Forces. 
Sec. 573. Comptroller General report on child care assistance for members of the 
Armed Forces. 
Subtitle H—Military Voting 
Sec. 575. Short title. 
Sec. 576. Clarification regarding delegation of State responsibilities to local juris-
dictions. 
Sec. 577. Establishment of procedures for absent uniformed services voters and 
overseas voters to request and for States to send voter registration ap-
plications and absentee ballot applications by mail and electronically. 
Sec. 578. Establishment of procedures for States to transmit blank absentee ballots 
by mail and electronically to absent uniformed services voters and over-
seas voters. 
Sec. 579. Ensuring absent uniformed services voters and overseas voters have time 
to vote. 
Sec. 580. Procedures for collection and delivery of marked absentee ballots of ab-
sent overseas uniformed services voters. 
Sec. 581. Federal write-in absentee ballot. 
Sec. 582. Prohibiting refusal to accept voter registration and absentee ballot appli-
cations, marked absentee ballots, and Federal write-in absentee ballots 
for failure to meet certain requirements. 
Sec. 583. Federal Voting Assistance Program Improvements. 
Sec. 584. Development of standards for reporting and storing certain data. 
Sec. 585. Repeal of provisions relating to use of single application for all subse-
quent elections. 
Sec. 586. Reporting requirements. 
Sec. 587. Annual report on enforcement. 
Sec. 588. Requirements payments. 
Sec. 589. Technology pilot program. 
Subtitle I—Other Matters 
Sec. 591. Clarification of performance policies for military musical units and musi-
cians. 
Sec. 592. Navy grants for purposes of Naval Sea Cadet Corps. 
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PUBLIC LAW 111–84—OCT. 28, 2009 
Sec. 593. Modification of matching fund requirements under National Guard Youth 
Challenge Program. 
Sec. 594. Expansion of Military Leadership Diversity Commission to include re-
serve component representatives. 
Sec. 595. Expansion of suicide prevention and community healing and response 
training under the Yellow Ribbon Reintegration Program. 
Sec. 596. Comprehensive plan on prevention, diagnosis, and treatment of substance 
use disorders and disposition of substance abuse offenders in the Armed 
Forces. 
Sec. 597. Reports on Yellow Ribbon Reintegration Program and other reintegration 
programs. 
Sec. 598. Reports on progress in completion of certain incident information man-
agement tools. 
Subtitle A—Officer Personnel Policy 
SEC. 501. GRADE OF LEGAL COUNSEL TO THE CHAIRMAN OF THE 
JOINT CHIEFS OF STAFF. 
(a) IN GENERAL.—Section 156(c) of title 10, United States Code, 
is amended by striking ‘‘, while so serving, hold the’’ and inserting 
‘‘be appointed in the regular’’. 
(b) EFFECTIVE DATE.—The amendment made by subsection (a) 
shall take effect on the date of the enactment of this Act, and 
shall apply with respect to individuals appointed as Legal Counsel 
to the Chairman of the Joint Chiefs of Staff on or after that 
date. 
SEC. 502. MODIFICATION OF LIMITATIONS ON GENERAL AND FLAG 
OFFICERS ON ACTIVE DUTY. 
(a) REPORT ON STATUTES EXCLUDING CERTAIN OFFICERS ON 
ACTIVE DUTY IN GENERAL AND FLAG OFFICER GRADES FROM LIMITA-
TIONS ON AUTHORIZED STRENGTHS OF GENERAL AND FLAG OFFICERS 
ON ACTIVE DUTY.—Not later than April 1, 2010, the Secretary 
of Defense shall submit to the Committees on Armed Forces of 
the Senate and the House of Representatives a report setting forth 
the following: 
(1) An assessment of the provisions of title 10, United 
States Code, that exclude commissioned officers of the Armed 
Forces on active duty in general officer and flag officer grades 
from the limitations on the authorized strengths of general 
and flag officers, including— 
(A) a list of each such provision; and 
(B) for each such provision— 
(i) a statement whether such provision is redun-
dant or necessary in light of recent legislation on such 
provision or related provisions; and 
(ii) an assessment of the impact of the repeal of 
such provision on the Department of Defense. 
(2) A specific, comprehensive description of the legislative 
actions, including technical and conforming changes, necessary 
to conform sections 525, 526, and 528 of title 10, United States 
Code (and any other applicable provisions of such title), with 
the assessment required by paragraph (1) with a view towards 
increasing the transparency and comprehensiveness on the 
number of general and flag officers serving on active duty. 
(3) An assessment of the following: 
(A) Whether the authorized numbers of general and 
flag officers in an active status under section 12004(a) 
of title 10, United States Code, are adequate to provide 
10 USC 156 note. 
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123 STAT. 2273 
PUBLIC LAW 111–84—OCT. 28, 2009 
the reserve components with a sufficient number of general 
and flag officers in an active status in order to meet 
increased authorizations for active duty service. 
(B) Whether such numbers of general and flag officers 
provide the general and flag officers of the reserve compo-
nents with appropriate opportunities for joint responsibility 
and joint officer development while simultaneously meeting 
reserve active-status requirements 
(C) Whether legislative action with respect to section 
12004(a) of title 10, United States Code, is necessary to 
achieve the purposes specified in subparagraphs (A) and 
(B) and, if so, a specific, comprehensive description of such 
legislative actions. 
(4) An assessment of the following: 
(A) Whether the requirements for general and flag 
officer positions resulting from recommendations for statu-
tory authority to specify the grade of the Chief of the 
Navy Dental Corps, the Chief and Deputy Chief of Chap-
lains in the Air Force, the Chief of the Army Medical 
Specialist Corps, and to establish the position of Vice Chief 
of the National Guard Bureau, are necessary in light of 
recent legislative modifications of applicable provisions of 
law. 
(B) The impact on the Department of each provision. 
(C) If supported, the necessary technical and con-
forming changes that may be necessary to conform sections 
535, 526, 528, and 12004 of title 10, United States Code, 
to increase the transparency and comprehensiveness of 
the number of general and flag officers on active duty 
or in an active status. 
(b) CLARIFICATION
OF DISTRIBUTION LIMITS.—Section 525 of 
title 10, United States Code, is amended by striking subsections 
(a) and (b) and inserting the following new subsections: 
‘‘(a) For purposes of the applicable limitation in section 526(a) 
of this title on general and flag officers on active duty, no appoint-
ment of an officer on the active duty list may be made as follows: 
‘‘(1) in the Army, if that appointment would result in more 
than— 
‘‘(A) 7 officers in the grade of general; 
‘‘(B) 45 officers in a grade above the grade of major 
general; or 
‘‘(C) 90 officers in the grade of major general; 
‘‘(2) in the Air Force, if that appointment would result 
in more than— 
‘‘(A) 9 officers in the grade of general; 
‘‘(B) 43 officers in a grade above the grade of major 
general; or 
‘‘(C) 73 officers in the grade of major general; 
‘‘(3) in the Navy, if that appointment would result in more 
than— 
‘‘(A) 6 officers in the grade of admiral; 
‘‘(B) 32 officers in a grade above the grade of rear 
admiral; or 
‘‘(C) 50 officers in the grade of rear admiral; 
‘‘(4) in the Marine Corps, if that appointment would result 
in more than— 
‘‘(A) 2 officers in the grade of general; 
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123 STAT. 2274 
PUBLIC LAW 111–84—OCT. 28, 2009 
‘‘(B) 15 officers in a grade above the grade of major 
general; or 
‘‘(C) 22 officers in the grade of major general. 
‘‘(b)(1) The limitations of subsection (a) do not include the 
following: 
‘‘(A) An officer released from a joint duty assignment, but 
only during the 60-day period beginning on the date the officer 
departs the joint duty assignment, except that the Secretary 
of Defense may authorize the Secretary of a military depart-
ment to extend the 60-day period by an additional 120 days, 
but no more than 3 officers from each armed forces may be 
on active duty who are excluded under this subparagraph. 
‘‘(B) An officer while serving in the position of Staff Judge 
Advocate to the Commandant of the Marine Corps under section 
5046 of this title. 
‘‘(C) The number of officers required to serve in joint duty 
assignments as authorized by the Secretary of Defense under 
section 526(b) for each military service. 
‘‘(D) An officer while serving as Chief of the National 
Guard Bureau. 
‘‘(2) An officer of the Army while serving as Superintendent 
of the United States Military Academy, if serving in the grade 
of lieutenant general, is in addition to the number that would 
otherwise be permitted for the Army for officers serving on active 
duty in grades above major general under subsection (a). An officer 
of the Navy or Marine Corps while serving as Superintendent 
of the United States Naval Academy, if serving in the grade of 
vice admiral or lieutenant general, is in addition to the number 
that would otherwise be permitted for the Navy or Marine Corps, 
respectively, for officers serving on active duty in grades above 
major general or rear admiral under subsection (a). An officer 
while serving as Superintendent of the United States Air Force 
Academy, if serving in the grade of lieutenant general, is in addition 
to the number that would otherwise be permitted for the Air Force 
for officers serving on active duty in grades above major general 
under subsection (a).’’. 
(c) CLARIFICATION ON OFFSETTING REDUCTIONS.—Subsection (c) 
of such section is amended— 
(1) in paragraph (1)— 
(A) by amending subparagraph (A) to read as follows: 
‘‘(A) may make appointments in the Army, Air Force, and 
Marine Corps in the grades of lieutenant general and general 
in excess of the applicable numbers determined under this 
section if each such appointment is made in conjunction with 
an offsetting reduction under paragraph (2); and’’; and 
(B) in subparagraph (B), by striking ‘‘subsection (b)(2)’’ 
and inserting ‘‘this section’’; 
(2) in paragraph (3)(A), by striking ‘‘the number equal 
to 10 percent of the total number of officers that may be 
serving on active duty in those grades in the Army, Navy, 
Air Force, and Marine Corps under subsection (b)’’ and inserting 
‘‘15’’; and 
(3) in paragraph (3)(B), by striking ‘‘the number equal 
to 15 percent of the total number of officers that may be 
serving on active duty in those grades in the Army, Navy, 
Air Force, and Marine Corps’’ and inserting ‘‘5’’. 
Time periods. 
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123 STAT. 2275 
PUBLIC LAW 111–84—OCT. 28, 2009 
(d) OTHER DISTRIBUTION CLARIFICATIONS.—Such section is fur-
ther amended— 
(1) in subsection (e), by striking ‘‘In determining the total 
number of general officers or flag officers of an armed force 
on active duty for purposes of this section, the following officers 
shall not be counted:’’ in the matter preceding paragraph (1) 
and inserting ‘‘The following officers shall not be counted for 
purposes of this section:’’; and 
(2) by adding at the end the following new subsection: 
‘‘(g)(1) The limitations of this section do not apply to a reserve 
component general or flag officer who is on active duty for a period 
in excess of 365 days, but not to exceed three years, except that 
the number of officers from each reserve component who are covered 
by this subsection and is not serving in a position that is a joint 
duty assignment for purposes of chapter 38 of this title may not 
exceed 5 per component, unless authorized by the Secretary of 
Defense 
‘‘(2) The exception in paragraph (1) does apply to the position 
of Chief of the National Guard Bureau. 
‘‘(3) Not later than 30 days after authorizing a number of 
reserve component general or flag officers in excess of the number 
specified in paragraph (1), the Secretary of Defense shall notify 
the Committees on Armed Services of the Senate and the House 
of Representatives of such authorization, and shall include with 
such notice a statement of the reason for such authorization.’’. 
(e) CHANGE TO AUTHORIZED STRENGTHS.—Subsection (a) of sec-
tion 526 of such title is amended— 
(1) in paragraph (1), by striking ‘‘307’’ and inserting ‘‘230’’; 
(2) in paragraph (2), by striking ‘‘216’’ and inserting ‘‘160’’; 
(3) in paragraph (3), by striking ‘‘279’’ and inserting ‘‘208’’; 
and 
(4) in paragraph (4), by striking ‘‘81’’ and inserting ‘‘60’’. 
(f) CHANGES TO LIMITED EXCLUSION FOR JOINT DUTY REQUIRE-
MENTS.—Subsection (b) of such section is amended— 
(1) in paragraph (1)— 
(A) by striking ‘‘Chairman of the Joint Chiefs of Staff’’ 
and inserting ‘‘Secretary of Defense’’; 
(B) by striking ‘‘65’’ and inserting ‘‘324’’; and 
(C) by striking the second sentence and inserting the 
following new sentence: ‘‘The Secretary of Defense shall 
allocate those exclusions to the armed forces based on 
the number of general or flag officers required from each 
armed force for assignment to these designated positions.’’; 
(2) by redesignating paragraph (2) as paragraph (5); and 
(3) by inserting after paragraph (1) the following new para-
graphs: 
‘‘(2) Unless the Secretary of Defense determines that a lower 
number is in the best interest of the Department, the minimum 
number of officers serving in positions designated under paragraph 
(1) for each armed force shall be as follows: 
‘‘(A) For the Army, 85. 
‘‘(B) For the Navy, 61. 
‘‘(C) For the Air Force, 76. 
‘‘(D) For the Marine Corps, 21. 
‘‘(3) The number excluded under paragraph (1) and serving 
in positions designated under that paragraph— 
Deadline. 
Notification. 
Applicability. 
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123 STAT. 2276 
PUBLIC LAW 111–84—OCT. 28, 2009 
‘‘(A) in the grade of general or admiral may not exceed 
20; 
‘‘(B) in a grade above the grade of major general or rear 
admiral may not exceed 68; and 
‘‘(C) in the grade of major general or rear admiral may 
not exceed 144. 
‘‘(4) Not later than 30 days after determining to raise or lower 
a number specified in paragraph (2), the Secretary of Defense 
shall notify the Committees on Armed Services of the Senate and 
the House of Representatives of such determination.’’. 
(g) OTHER AUTHORIZATION CLARIFICATIONS.—Such section is 
further amended— 
(1) in subsection (d), by adding at the end the following 
new paragraph: 
‘‘(3) The limitations of this section do not apply to a reserve 
component general or flag officer who is on active duty for a period 
in excess of 365 days but not to exceed three years, except that 
the number of such officers from each reserve component who 
are covered by this paragraph and not serving in a position that 
is a joint duty assignment for purposes of chapter 38 of this title 
may not exceed 5 per component, unless authorized by the Secretary 
of Defense.’’; and 
(2) by adding at the end the following new subsections: 
‘‘(g) TEMPORARY EXCLUSION FOR ASSIGNMENT TO CERTAIN TEM-
PORARY BILLETS.—(1) The limitations in subsection (a) and in sec-
tion 525(a) of this title do not apply to a general or flag officer 
assigned to a temporary joint duty assignment designated by the 
Secretary of Defense. 
‘‘(2) A general or flag officer assigned to a temporary joint 
duty assignment as described in paragraph (1) may not be excluded 
under this subsection from the limitations in subsection (a) for 
a period of longer than one year. 
‘‘(h) EXCLUSION OF OFFICERS DEPARTING FROM JOINT DUTY 
ASSIGNMENTS.—The limitations in subsection (a) do not apply to 
an officer released from a joint duty assignment, but only during 
the 60-day period beginning on the date the officer departs the 
joint duty assignment. The Secretary of Defense may authorize 
the Secretary of a military department to extend the 60-day period 
by an additional 120 days, except that not more than three officers 
on active duty from each armed force may be covered by an exten-
sion under this sentence at the same time.’’. 
(h) EXCLUSION OF RESERVE OFFICERS DEPARTING FROM JOINT 
OR OTHER ACTIVE DUTY ASSIGNMENTS.—Section 12004 of such title 
is amended by adding at the end the following new subsection: 
‘‘(f) The limitations in subsection (a) do not apply to an officer 
released from a joint duty assignment or other non-joint active 
duty assignment, but only during the 60-day period beginning on 
the date the officer departs the joint duty or other active duty 
assignment. The Secretary of Defense may authorize the Secretary 
of a military department to extend the 60-day period by an addi-
tional 120 days, except that not more than three officers in an 
active status from each reserve component may be covered by 
an extension under this sentence at the same time.’’. 
(i) REPEAL OF LIMITATIONS ON GENERAL AND FLAG OFFICER 
ACTIVITIES OUTSIDE THE OFFICER’S OWN SERVICE.— 
(1) REPEAL.—Section 721 of such title is repealed. 
Time periods. 
Deadline. 
Notification. 
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123 STAT. 2277 
PUBLIC LAW 111–84—OCT. 28, 2009 
(2) CLERICAL AMENDMENT.—The table of sections at the 
beginning of chapter 41 of such title is amended by striking 
the item relating to section 721. 
(j) REPEAL
OF SUPERSEDED AUTHORITY.—Section 506 of the 
Duncan Hunter National Defense Authorization Act for Fiscal Year 
2009 (Public Law 110–417; 122 Stat. 4434; 10 U.S.C. 525 note) 
is repealed. 
SEC. 503. REVISIONS TO ANNUAL REPORTING REQUIREMENT ON JOINT 
OFFICER MANAGEMENT. 
Section 667 of title 10, United States Code, is amended— 
(1) in paragraph (1)— 
(A) in subparagraph (A), by striking ‘‘and their edu-
cation and experience’’; and 
(B) by adding at the end the following new subpara-
graph: 
‘‘(C) A comparison of the number of officers who were 
designated as a joint qualified officer who had served in a 
Joint Duty Assignment List billet and completed Joint Profes-
sional Military Education Phase II, with the number designated 
as a joint qualified officer based on their aggregated joint 
experiences and completion of Joint Professional Military Edu-
cation Phase II.’’; 
(2) by striking paragraphs (3), (4), (6), and (12); 
(3) by redesignating paragraph (5) as paragraph (3); 
(4) by redesignating paragraphs (7) through (11) as para-
graphs (4) through (8), respectively; 
(5) by inserting after paragraph (8), as so redesignated, 
the following new paragraph: 
‘‘(9) With regard to the principal courses of instruction 
for Joint Professional Military Education Level II, the number 
of officers graduating from each of the following: 
‘‘(A) The Joint Forces Staff College. 
‘‘(B) The National Defense University. 
‘‘(C) Senior Service Schools.’’; and 
(6) by redesignating paragraph (13) as paragraph (10). 
SEC. 504. EXTENSION OF TEMPORARY INCREASE IN MAXIMUM 
NUMBER OF DAYS LEAVE MEMBERS MAY ACCUMULATE 
AND CARRYOVER. 
Section 701(d) of title 10, United States Code, is amended 
by striking ‘‘December 31, 2010’’ and inserting ‘‘September 30, 
2013’’. 
SEC. 505. COMPUTATION OF RETIREMENT ELIGIBILITY FOR ENLISTED 
MEMBERS OF THE NAVY WHO COMPLETE THE SEAMAN 
TO ADMIRAL (STA–21) OFFICER CANDIDATE PROGRAM. 
Section 6328 of title 10, United States Code, is amended by 
adding the following new subsection: 
‘‘(c) TIME SPENT
IN SEAMAN
TO ADMIRAL PROGRAM.—The 
months of active service in pursuit of a baccalaureate-level degree 
under the Seaman to Admiral (STA–21) program of the Navy of 
officer candidates selected for the program on or after the date 
of the enactment of the National Defense Authorization Act for 
Fiscal Year 2010 shall be excluded in computing the years of service 
of an officer who was appointed to the grade of ensign in the 
Navy upon completion of the program to determine the eligibility 
of the officer for retirement, unless the officer becomes subject 
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123 STAT. 2278 
PUBLIC LAW 111–84—OCT. 28, 2009 
to involuntary separation or retirement due to physical disability. 
Such active service shall be counted in computing the years of 
active service of the officer for all other purposes.’’. 
SEC. 506. INDEPENDENT REVIEW OF JUDGE ADVOCATE REQUIRE-
MENTS OF THE DEPARTMENT OF THE NAVY. 
(a) INDEPENDENT PANEL FOR REVIEW.— 
(1) ESTABLISHMENT.—There is hereby established an inde-
pendent panel to review the judge advocate requirements of 
the Department of the Navy. 
(2) COMPOSITION.—The panel shall be composed of five 
members, appointed by the Secretary of Defense from among 
private United States citizens who have expertise in law, mili-
tary manpower policies, the missions of the Armed Forces, 
or the current responsibilities of judge advocates in ensuring 
competent legal representation and advice to commanders. 
(3) CHAIR.—The chair of the panel shall be appointed by 
the Secretary from among the members of the panel appointed 
under paragraph (2). 
(4) PERIOD OF APPOINTMENT; VACANCIES.—Members shall 
be appointed for the life of the panel. Any vacancy in the 
panel shall be filled in the same manner as the original appoint-
ment. 
(5) DEADLINE
FOR
APPOINTMENTS.—All original appoint-
ments to the panel shall be made not later than 180 days 
after the date of the enactment of this Act. 
(6) MEETINGS.—The panel shall meet at the call of the 
chair. 
(7) FIRST MEETING.—The chair shall call the first meeting 
of the panel not later than 60 days after the date of the 
appointment of all the members of the panel. 
(b) DUTIES.— 
(1) IN GENERAL.—The panel established under subsection 
(a) shall carry out a study of the policies and management 
and organizational practices of the Navy and Marine Corps 
with respect to the responsibilities, assignment, and career 
development of judge advocates for purposes of determining 
the number of judge advocates required to fulfill the legal 
mission of the Department of the Navy. 
(2) REVIEW.—In carrying out the study required by para-
graph (1), the panel shall— 
(A) review the emergent operational law requirements 
of the Navy and Marine Corps, including requirements 
for judge advocates on joint task forces, in support of rule 
of law objectives in Iraq and Afghanistan, and in oper-
ational units; 
(B) review new requirements to support the Office 
of Military Commissions and to support the disability 
evaluation system for members of the Armed Forces; 
(C) review the judge advocate requirements of the 
Department of the Navy for the military justice mission, 
including assignment policies, training and education, 
increasing complexity of court-martial litigation, and the 
performance of the Navy and Marine Corps in providing 
legally sufficient post-trial processing of cases in general 
courts-martial and special courts-martial; 
Deadline. 
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123 STAT. 2279 
PUBLIC LAW 111–84—OCT. 28, 2009 
(D) review the role of the Judge Advocate General 
of the Navy, as the senior uniformed legal officer of the 
Department of the Navy, to determine whether additional 
authority for the Judge Advocate General over manpower 
policies and assignments of judge advocates in the Navy 
and Marine Corps is warranted; 
(E) review directives issued by the Navy and the 
Marine 
Corps 
pertaining 
to 
jointly-shared 
missions 
requiring legal support; 
(F) review career patterns for Marine Corps judge advo-
cates in order to identify and validate assignments to 
nonlegal billets required for professional development and 
promotion; and 
(G) review, evaluate, and assess such other matters 
and materials as the panel considers appropriate for pur-
poses of the study. 
(3) UTILIZATION OF OTHER STUDIES.—In carrying out the 
study required by paragraph (1), the panel may review, and 
incorporate as appropriate, the findings of applicable ongoing 
and completed studies in future manpower requirements, 
including the two-part study by CNA Analysis and Solutions 
entitled ‘‘An Analysis of Navy JAG Corps Future Manpower 
Requirements’’. 
(4) REPORT.—Not later than 120 days after its first meeting 
under subsection (a)(7), the panel shall submit to the Secretary 
of Defense and the Committees on Armed Services of the Senate 
and the House of Representatives a report on the study. The 
report shall include— 
(A) the findings and conclusions of the panel as a 
result of the study; and 
(B) any recommendations for legislative or administra-
tive action that the panel considers appropriate in light 
of the study. 
(c) POWERS OF PANEL.— 
(1) HEARINGS.—The panel may hold such hearings, sit and 
act at such times and places, take such testimony, and receive 
such evidence as the panel considers appropriate to carry out 
its duties under this section. 
(2) INFORMATION FROM FEDERAL AGENCIES.—Upon request 
by the chair of the panel, any department or agency of the 
Federal Government may provide information that the panel 
considers necessary to carry out it duties under this section. 
(d) PERSONNEL MATTERS.— 
(1) PAY OF MEMBERS.—(A) Members of the panel established 
under subsection (a) shall serve without pay by reason of their 
work on the panel. 
(B) Section 1342 of title 31, United States Code, shall 
not apply to the acceptance of services of a member of the 
panel under this section. 
(2) TRAVEL EXPENSES.—The members of the panel shall 
be allowed travel expenses, including per diem in lieu of subsist-
ence, at rates authorized for employees of agencies under sub-
chapter I of chapter 57 of title 5, United States Code, while 
away from their homes or regular places of business in the 
performance or services for the panel. 
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123 STAT. 2280 
PUBLIC LAW 111–84—OCT. 28, 2009 
Subtitle B—General Service Authorities 
SEC. 511. CONTINUATION ON ACTIVE DUTY OF RESERVE COMPONENT 
MEMBERS DURING PHYSICAL DISABILITY EVALUATION 
FOLLOWING MOBILIZATION AND DEPLOYMENT. 
Section 1218 of title 10, United States Code, is amended by 
adding at the end the following new subsection: 
‘‘(d)(1) The Secretary of a military department shall ensure 
that each member of a reserve component under the jurisdiction 
of the Secretary who is determined, after a mobilization and deploy-
ment to an area in which imminent danger pay is authorized 
under section 310 of title 37, to require evaluation for a physical 
or mental disability which could result in separation or retirement 
for disability under this chapter or placement on the temporary 
disability retired list or inactive status list under this chapter 
is retained on active duty during the disability evaluation process 
until such time as such member is— 
‘‘(A) cleared by appropriate authorities for continuation 
on active duty; or 
‘‘(B) separated, retired, or placed on the temporary dis-
ability retired list or inactive status list. 
‘‘(2)(A) A member described in paragraph (1) may request termi-
nation of active duty under such paragraph at any time during 
the demobilization or disability evaluation process of such member. 
‘‘(B) Upon a request under subparagraph (A), a member 
described in paragraph (1) shall only be released from active duty 
after the member receives counseling about the consequences of 
termination of active duty. 
‘‘(C) Each release from active duty under subparagraph (B) 
shall be thoroughly documented. 
‘‘(3) The requirements in paragraph (1) shall expire on the 
date that is five years after the date of the enactment of the 
National Defense Authorization Act for Fiscal Year 2010.’’. 
SEC. 512. MEDICAL EXAMINATION REQUIRED BEFORE ADMINISTRA-
TIVE SEPARATION OF MEMBERS DIAGNOSED WITH OR 
REASONABLY ASSERTING POST-TRAUMATIC STRESS DIS-
ORDER OR TRAUMATIC BRAIN INJURY. 
(a) MEDICAL EXAMINATION REQUIRED.— 
(1) IN GENERAL.—Chapter 59 of title 10, United States 
Code, is amended by inserting after section 1176 the following 
new section: 
‘‘§ 1177. Members diagnosed with or reasonably asserting 
post-traumatic stress disorder or traumatic brain 
injury: 
medical 
examination 
required 
before 
administrative separation 
‘‘(a) MEDICAL EXAMINATION REQUIRED.—(1) Under regulations 
prescribed by the Secretary of Defense, the Secretary of a military 
department shall ensure that a member of the armed forces under 
the jurisdiction of the Secretary who has been deployed overseas 
in support of a contingency operation during the previous 24 
months, and who is diagnosed by a physician, clinical psychologist, 
or psychiatrist as experiencing post-traumatic stress disorder or 
traumatic brain injury or who otherwise reasonably alleges, based 
on the service of the member while deployed, the influence of 
Regulations. 
Expiration date. 
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123 STAT. 2281 
PUBLIC LAW 111–84—OCT. 28, 2009 
such a condition, receives a medical examination to evaluate a 
diagnosis of post-traumatic stress disorder or traumatic brain 
injury. 
‘‘(2) A member covered by paragraph (1) shall not be administra-
tively separated under conditions other than honorable until the 
results of the medical examination have been reviewed by appro-
priate authorities responsible for evaluating, reviewing, and 
approving the separation case, as determined by the Secretary 
concerned. 
‘‘(3) In a case involving post-traumatic stress disorder, the 
medical examination shall be performed by a clinical psychologist 
or psychiatrist. In cases involving traumatic brain injury, the med-
ical examination may be performed by a physician, clinical psycholo-
gist, psychiatrist, or other health care professional, as appropriate. 
‘‘(b) PURPOSE OF MEDICAL EXAMINATION.—The medical exam-
ination required by subsection (a) shall assess whether the effects 
of post-traumatic stress disorder or traumatic brain injury con-
stitute matters in extenuation that relate to the basis for adminis-
trative separation under conditions other than honorable or the 
overall characterization of service of the member as other than 
honorable. 
‘‘(c) INAPPLICABILITY TO PROCEEDINGS UNDER UNIFORM CODE 
OF MILITARY JUSTICE.—The medical examination and procedures 
required by this section do not apply to courts-martial or other 
proceedings conducted pursuant to the Uniform Code of Military 
Justice.’’. 
(2) CLERICAL AMENDMENT.—The table of sections at the 
beginning of such chapter is amended by inserting after the 
item relating to section 1176 the following new item: 
‘‘1177. Members diagnosed with or reasonably asserting post-traumatic stress dis-
order or traumatic brain injury: medical examination required before 
administrative separation.’’. 
(b) REVIEW OF PREVIOUS DISCHARGES AND DISMISSALS.—Section 
1553 of such title is amended by adding at the end the following 
new subsection: 
‘‘(d)(1) In the case of a former member of the armed forces 
who, while serving on active duty as a member of the armed 
forces, was deployed in support of a contingency operation and 
who, at any time after such deployment, was diagnosed by a physi-
cian, clinical psychologist, or psychiatrist as experiencing post-trau-
matic stress disorder or traumatic brain injury as a consequence 
of that deployment, a board established under this section to review 
the former member’s discharge or dismissal shall include a member 
who is a physician, clinical psychologist, or psychiatrist. 
‘‘(2) In the case of a former member described in paragraph 
(1) or a former member whose application for relief is based in 
whole or in part on matters relating to post-traumatic stress dis-
order or traumatic brain injury as supporting rationale or as jus-
tification for priority consideration, the Secretary concerned shall 
expedite a final decision and shall accord such cases sufficient 
priority to achieve an expedited resolution. In determining the 
priority of cases, the Secretary concerned shall weigh the medical 
and humanitarian circumstances of all cases and accord higher 
priority to cases not involving post-traumatic stress disorder or 
traumatic brain injury only when the individual cases are consid-
ered more compelling.’’. 
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123 STAT. 2282 
PUBLIC LAW 111–84—OCT. 28, 2009 
(c) REPORT REQUIRED.—Not later than 240 days after the date 
of the enactment of this Act, the Secretary of Defense shall submit 
to the Committees on Armed Services of the Senate and House 
of Representatives a report containing the detailed procedures and 
policies used by the Secretaries of the military department to imple-
ment the amendments made by this section, including— 
(1) the list of officials identified by the Secretaries as 
required to review physical examinations to determine the pos-
sible influence of post-traumatic stress disorder or traumatic 
brain injury on the behavior of members before their separation 
under other than honorable conditions; 
(2) the procedures adopted by the Secretaries to ensure 
that appropriate physical examinations required by the amend-
ments are conducted; 
(3) the procedures adopted by the Secretaries to ensure 
that the medical reviews required by the amendments are 
conducted; and 
(4) the procedures adopted by the Secretaries to ensure 
that requests for review of discharges based on matters related 
to post-traumatic stress disorder or traumatic brain injury are 
considered in a timely manner by boards that include appro-
priate medical personnel, as required by the amendments. 
SEC. 513. LEGAL ASSISTANCE FOR ADDITIONAL RESERVE COMPONENT 
MEMBERS. 
Section 1044(a)(4) of title 10, United States Code, is amended 
by striking ‘‘the Secretary of Defense), for a period of time, pre-
scribed by the Secretary of Defense,’’ and inserting ‘‘the Secretary), 
for a period of time (prescribed by the Secretary)’’. 
SEC. 514. LIMITATION ON SCHEDULING OF MOBILIZATION OR PRE- 
MOBILIZATION TRAINING FOR RESERVE UNITS WHEN CER-
TAIN SUSPENSION OF TRAINING IS LIKELY. 
(a) LIMITATION.— 
(1) IN GENERAL.—Subject to paragraph (2), the Secretary 
of a military department shall avoid scheduling mobilization 
training or pre-mobilization training for a unit of a reserve 
component of the Armed Forces at a temporary duty location 
that is outside the normal commuting distance of the unit 
(as determined pursuant to the regulations prescribed by the 
Secretary of Defense under subsection (c)) if a suspension of 
training at such temporary duty location of at least five days 
is anticipated to occur during any portion of such mobilization 
or pre-mobilization training. 
(2) WAIVER.—The Secretary of a military department may 
waive the applicability of the limitation in paragraph (1) to 
a unit of a reserve component if the Secretary determines 
that the waiver is in the national security interests of the 
United States. 
(3) NOTICE TO CONGRESS.—Until December 31, 2014, the 
Secretary of the military department concerned shall submit 
written notice of each waiver issued under paragraph (2) to 
the congressional defense committees. Notice of such waiver 
shall be so submitted at the time of the issuance of such 
waiver. 
(b) NOTICE
OF
OTHER
SUSPENSIONS
OF
TRAINING.—Until 
December 31, 2014, in the event of a suspension of training (other 
than an anticipated suspension of training described in subsection 
Termination 
date. 
Termination 
date. 
10 USC 10101 
note. 
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123 STAT. 2283 
PUBLIC LAW 111–84—OCT. 28, 2009 
(a)(1)) of at least five days at a temporary duty location at which 
one or more units of the reserve components on active duty are 
engaged in mobilization training or pre-mobilization training, the 
Secretary of the military department having jurisdiction over such 
unit or units shall submit written notice of the suspension to 
the congressional defense committees. Notice of such suspension 
of training shall be so submitted at the time of such suspension 
of training. 
(c) REGULATIONS.—The Secretaries of the military departments 
shall administer this section in accordance with regulations pre-
scribed by the Secretary of Defense. Such regulations shall apply 
uniformly among the military departments. 
SEC. 515. EVALUATION OF TEST OF UTILITY OF TEST PREPARATION 
GUIDES AND EDUCATION PROGRAMS IN IMPROVING 
QUALIFICATIONS OF RECRUITS FOR THE ARMED FORCES. 
Section 546(d) of the John Warner National Defense Authoriza-
tion Act for Fiscal Year 2007 (Public Law 109–364; 120 Stat. 2215) 
is amended— 
(1) in the second sentence, by striking ‘‘in training and 
unit settings’’ and inserting ‘‘during training and unit assign-
ments’’; and 
(2) by adding at the end the following new sentence: ‘‘Data 
to make the comparison between the two groups shall be 
derived from existing sources, which may include performance 
ratings, separations, promotions, awards and decorations, and 
reenlistment statistics.’’. 
SEC. 516. REPORT ON PRESENCE IN THE ARMED FORCES OF MEMBERS 
ASSOCIATED OR AFFILIATED WITH GROUPS ENGAGED IN 
PROHIBITED ACTIVITIES. 
Not later than 180 days after the date of the enactment of 
this Act, the Secretary of Defense shall, in consultation with the 
Attorney General, submit to the Committees on Armed Service 
of the Senate and the House of Representatives a report on the 
following: 
(1) Any active participation by members of the Armed 
Forces in prohibited activities (as defined by subsection 3.5.8 
of Department of Defense Directive 1325.6). 
(2) The policies of the Department of Defense to prevent 
individuals who are active participants in such activities from 
enlisting in the Armed Forces. 
Subtitle C—Education and Training 
SEC. 521. DETAIL OF COMMISSIONED OFFICERS AS STUDENTS AT 
SCHOOLS OF PSYCHOLOGY. 
(a) IN GENERAL.—Chapter 101 of title 10, United States Code, 
is amended by inserting after section 2004a the following new 
section: 
‘‘§ 2004b. Detail of commissioned officers as students at 
schools of psychology 
‘‘(a) DETAIL
AUTHORIZED.—The Secretary of each military 
department may detail commissioned officers of the armed forces 
as students at accredited schools of psychology located in the United 
States for a period of training leading to the degree of Doctor 
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123 STAT. 2284 
PUBLIC LAW 111–84—OCT. 28, 2009 
of Philosophy in clinical psychology. No more than 25 officers from 
each military department may commence such training in any 
single fiscal year. 
‘‘(b) ELIGIBILITY FOR DETAIL.—To be eligible for detail under 
subsection (a), an officer must be a citizen of the United States 
and must— 
‘‘(1) have served on active duty for a period of not less 
than two years nor more than six years and be in the pay 
grade 0–3 or below as of the time the training is to begin; 
and 
‘‘(2) sign an agreement that unless sooner separated the 
officer will— 
‘‘(A) complete the educational course of psychological 
training; 
‘‘(B) accept transfer or detail as a commissioned officer 
within the military department concerned when the officer’s 
training is completed; and 
‘‘(C) agree to serve, following completion of the officer’s 
training, on active duty (or on active duty and in the 
Selected Reserve) for a period as specified pursuant to 
subsection (c). 
‘‘(c) SERVICE OBLIGATION.—(1) Except as provided in paragraph 
(2), the agreement of an officer under subsection (b) shall provide 
that the officer shall serve on active duty for two years for each 
year or part thereof of the officer’s training under subsection (a). 
‘‘(2) The agreement of an officer may authorize the officer 
to serve a portion of the officer’s service obligation on active duty 
and to complete the service obligation that remains upon separation 
from active duty in the Selected Reserve. Under any such agree-
ment, an officer shall serve three years in the Selected Reserve 
for each year or part thereof of the officer’s training under sub-
section (a) for any service obligation that was not completed before 
separation from active duty. 
‘‘(d) SELECTION
OF OFFICERS
FOR DETAIL.—Officers detailed 
for training under subsection (a) shall be selected on a competitive 
basis by the Secretary of the military department concerned. 
‘‘(e) RELATION
OF SERVICE OBLIGATIONS
TO OTHER SERVICE 
OBLIGATIONS.—Any service obligation incurred by an officer under 
an agreement entered into under subsection (b) shall be in addition 
to any service obligation incurred by the officer under any other 
provision of law or agreement. 
‘‘(f) EXPENSES.—Expenses incident to the detail of officers under 
this section shall be paid from any funds appropriated for the 
military department concerned. 
‘‘(g) FAILURE TO COMPLETE PROGRAM.—(1) An officer who is 
dropped from a program of psychological training to which detailed 
under subsection (a) for deficiency in conduct or studies, or for 
other reasons, may be required to perform active duty in an appro-
priate military capacity in accordance with the active duty obliga-
tion imposed on the officer under regulations issued by the Secretary 
of Defense for purposes of this section. 
‘‘(2) In no case shall an officer be required to serve on active 
duty under paragraph (1) for any period in excess of one year 
for each year or part thereof the officer participated in the program. 
‘‘(h) LIMITATION ON DETAILS.—No agreement detailing an officer 
of the armed forces to an accredited school of psychology may 
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123 STAT. 2285 
PUBLIC LAW 111–84—OCT. 28, 2009 
be entered into during any period in which the President is author-
ized by law to induct persons into the armed forces involuntarily. 
Nothing in this subsection shall affect any agreement entered into 
during any period when the President is not authorized by law 
to so induct persons into the armed forces.’’. 
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of chapter 101 of such title is amended by inserting after 
the item relating to section 2004a the following new item: 
‘‘2004b. Detail of commissioned officers as students at schools of psychology.’’. 
SEC. 522. APPOINTMENT OF PERSONS ENROLLED IN ADVANCED 
COURSE OF THE ARMY RESERVE OFFICERS’ TRAINING 
CORPS AT MILITARY JUNIOR COLLEGES AS CADETS IN 
ARMY RESERVE OR ARMY NATIONAL GUARD OF THE 
UNITED STATES. 
Section 2107a(h) of title 10, United States Code, is amended— 
(1) by striking ‘‘17 cadets’’ and inserting ‘‘22 cadets’’; 
(2) by striking ‘‘17 members’’ and inserting ‘‘22 members’’; 
and 
(3) by striking ‘‘17 such members’’ and inserting ‘‘22 such 
members’’. 
SEC. 523. EXPANSION OF CRITERIA FOR APPOINTMENT AS MEMBER 
OF THE BOARD OF REGENTS OF THE UNIFORMED SERV-
ICES UNIVERSITY OF THE HEALTH SCIENCES. 
Section 2113a(b)(1) of title 10, United States Code, is amended 
by striking ‘‘health and health education’’ and inserting ‘‘health 
care, higher education administration, or public policy’’. 
SEC. 524. USE OF ARMED FORCES HEALTH PROFESSIONS SCHOLAR-
SHIP 
AND 
FINANCIAL 
ASSISTANCE 
PROGRAM 
TO 
INCREASE NUMBER OF HEALTH PROFESSIONALS WITH 
SKILLS TO ASSIST IN PROVIDING MENTAL HEALTH CARE. 
(a) ADDITIONAL ELEMENT WITHIN SCHOLARSHIP PROGRAM.—Sec-
tion 2121(a) of title 10, United States Code, is amended— 
(1) by inserting ‘‘(1)’’ after ‘‘(a)’’; 
(2) by striking ‘‘in the various health professions’’ and 
inserting ‘‘(A) in the various health professions or (B) as a 
health professional with specific skills to assist in providing 
mental health care to members of the armed forces’’; and 
(3) by adding at the end the following new paragraph: 
‘‘(2) Under the program of a military department, the Secretary 
of that military department shall allocate a portion of the total 
number of scholarships to members of the program described in 
paragraph (1)(B) for the purpose of assisting such members to 
pursue a degree at the masters and doctoral level in any of the 
following disciplines: 
‘‘(A) Social work. 
‘‘(B) Clinical psychology. 
‘‘(C) Psychiatry. 
‘‘(D) Other disciplines that contribute to mental health 
care programs in that military department.’’. 
(b) AUTHORIZED NUMBER
OF MEMBERS
OF
THE PROGRAM.— 
Section 2124 of such title is amended— 
(1) by striking ‘‘The number’’ and inserting ‘‘(a) AUTHORIZED 
NUMBER OF MEMBERS OF THE PROGRAM.—The number’’; 
(2) by striking ‘‘6,000’’ and inserting ‘‘6,300’’; and 
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123 STAT. 2286 
PUBLIC LAW 111–84—OCT. 28, 2009 
(3) by adding at the end the following new subsection: 
‘‘(b) MENTAL HEALTH PROFESSIONALS.—Of the number of per-
sons designated as members of the program at any time, 300 
may be members of the program described in section 2121(a)(1)(B) 
of this title.’’. 
SEC. 525. DEPARTMENT OF DEFENSE UNDERGRADUATE NURSE 
TRAINING PROGRAM. 
(a) REVISION OF CURRENT SCHOOL OF NURSING AUTHORIZA-
TIONS.— 
(1) REPEAL OF ESTABLISHMENT WITHIN UNIFORMED SERVICES 
UNIVERSITY OF THE HEALTH SCIENCES.—Section 2117 of title 
10, United States Code, is repealed. 
(2) ESTABLISHMENT AS DEPARTMENT OF DEFENSE SCHOOL.— 
Chapter 108 of such title is amended by adding at the end 
the following new section: 
‘‘§ 2169. School of Nursing: establishment 
‘‘(a) ESTABLISHMENT AUTHORIZED.—The Secretary of Defense 
may establish a School of Nursing. 
‘‘(b) DEGREE GRANTING AUTHORITY.—The School of Nursing 
may include a program that awards a bachelor of science in nursing. 
‘‘(c) PHASED DEVELOPMENT.—The Secretary of Defense may 
develop the School of Nursing in phases as determined appropriate 
by the Secretary.’’. 
(3) CLERICAL AMENDMENTS.— 
(A) CHAPTER 104.—The table of sections at the begin-
ning of chapter 104 of such title is amended by striking 
the item relating to section 2117. 
(B) CHAPTER 108.—The table of sections at the begin-
ning of chapter 108 of such title is amended by adding 
at the end the following new item: 
‘‘2169. School of Nursing: establishment.’’. 
(b) AUTHORITY TO ESTABLISH UNDERGRADUATE NURSE TRAINING 
PROGRAM.— 
(1) IN GENERAL.—Chapter 101 of title 10, United States 
Code, is amended by adding at the end the following new 
section: 
‘‘§ 2016. Undergraduate nurse training program: establish-
ment through agreement with academic institution 
‘‘(a) ESTABLISHMENT AUTHORIZED.—(1) To increase the number 
of nurses in the armed forces, the Secretary of Defense may enter 
into an agreement with one or more academic institutions to estab-
lish and operate an undergraduate program (in this section referred 
to as a ‘undergraduate nurse training program’) under which partici-
pants will earn a nursing degree and serve as a member of the 
armed forces. 
‘‘(2) The Secretary of Defense may authorize the participation 
of members of the other uniformed services in the undergraduate 
nurse training program if the Secretary of Defense and the Sec-
retary of Health and Human Services jointly determine the partici-
pation of such members in the program will facilitate an increase 
in the number of nurses in the other uniformed services. 
‘‘(b) GRADUATION RATES.—An undergraduate nurse training 
program shall have the capacity to graduate 25 students with 
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123 STAT. 2287 
PUBLIC LAW 111–84—OCT. 28, 2009 
a bachelor of science degree in the first class of the program, 
50 in the second class, and 100 annually thereafter. 
‘‘(c) ELEMENTS.—An undergraduate nurse training program 
shall have the following elements: 
‘‘(1) It shall involve an academic partnership with one 
or more academic institutions with existing accredited schools 
of nursing. 
‘‘(2) It shall recruit as participants qualified individuals 
with at least two years of appropriate academic preparation, 
as determined by the Secretary of Defense. 
‘‘(d) LOCATION OF PROGRAMS.—An academic institution selected 
to operate an undergraduate nurse training program shall establish 
the program at or near a military installation. A military installa-
tion at or near which an undergraduate nurse training program 
is established must— 
‘‘(1) be one of the ten largest military installations in the 
United States, in terms of the number of active duty personnel 
assigned to the installation and family members residing on 
or in the vicinity of the installations; and 
‘‘(2) have a military treatment facility with inpatient capa-
bility designated as a medical center located on the installation 
or within 10 miles of the installation. 
‘‘(e) LIMITATION ON FACULTY.—An agreement entered into under 
subsection (a) shall not require members of the armed forces who 
are nurses to serve as faculty members for an undergraduate nurse 
training program. 
‘‘(f) MILITARY SERVICE COMMITMENT.—The Secretary of Defense 
shall encourage members of the armed forces to apply to participate 
in an undergraduate nurse training program. Graduates of the 
program shall incur a military service obligation in a regular or 
reserve component, as determined by the Secretary.’’. 
(2) CLERICAL AMENDMENT.—The table of sections at the 
beginning of such chapter is amended by adding at the end 
the following new item: 
‘‘2016. Undergraduate nurse training program: establishment through agreement 
with academic institution.’’. 
(c) UNDERGRADUATE NURSE TRAINING PROGRAM PLAN.—Not 
later than 180 days after the date of the enactment of this Act, 
the Secretary of Defense shall submit to the Committees on Armed 
Services of the Senate and House of Representatives a plan to 
establish an undergraduate nurse training program in the Depart-
ment of Defense in accordance with the authority provided by 
section 2169 of title 10, United States Code, as added by subsection 
(a), section 2016 of such title, as added by subsection (b), or any 
other authority available to the Secretary. 
(d) PILOT PROGRAM.— 
(1) PILOT PROGRAM REQUIRED.—The plan required by sub-
section (c) shall provide for the establishment of a pilot program 
to increase the number of nurses serving in the Armed Forces. 
(2) IMPLEMENTATION AND DURATION.—The pilot program 
shall begin not later than July 1, 2011, and be of not less 
than five years in duration. 
(3) GRADUATION RATES.—The pilot program shall achieve 
graduation rates at least equal to the rates required for the 
undergraduate nurse training program authorized by section 
Deadline. 
10 USC 2016 
note. 
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123 STAT. 2288 
PUBLIC LAW 111–84—OCT. 28, 2009 
2016 of title 10, United States Code, as added by subsection 
(b). 
(4) IMPLEMENTATION
REPORT.—Not later than 270 days 
after the date of the enactment of this Act, the Secretary 
of Defense shall submit to the Committees on Armed Services 
of the Senate and House of Representatives a report on the 
pilot program, including a description of the program selected 
to be undertaken, the program’s goals, and any additional legal 
authorities that may be needed to undertake the program. 
(5) PROGRESS REPORTS.—Not later than 90 days after the 
end of each academic year of the pilot program, the Secretary 
of Defense shall submit to the Committees on Armed Services 
of the Senate and House of Representatives a report specifying 
the number of nurses accessed into the Armed Forces through 
the program and the number of students accepted for the 
upcoming academic year. 
(6) FINAL
REPORT.—Not later than one year before the 
end of the pilot program, the Secretary of Defense shall submit 
to the Committees on Armed Services of the Senate and House 
of Representatives a report specifying the number of nurses 
accessed through the program, evaluating the overall effective-
ness of the program, and containing the Secretary’s rec-
ommendations regarding whether the program should be 
extended. 
(e) EFFECT ON OTHER NURSING PROGRAMS.—Notwithstanding 
the development of undergraduate nurse training programs under 
the amendments made by this section and subsection (d), the Sec-
retary of Defense shall ensure that graduate degree programs in 
nursing, including advanced practice nursing, continue. 
(f) EFFECT ON OTHER RECRUITMENT EFFORTS.—Nothing in this 
section shall be construed as limiting or terminating any current 
or future program of the Department of Defense related to the 
recruitment, accession, training, or retention of nurses. 
SEC. 526. INCREASE IN NUMBER OF PRIVATE SECTOR CIVILIANS 
AUTHORIZED FOR ADMISSION TO NATIONAL DEFENSE 
UNIVERSITY. 
Section 2167(a) of title 10, United States Code, is amended 
by striking ‘‘10 full-time student positions’’ and inserting ‘‘20 full- 
time student positions’’. 
SEC. 527. APPOINTMENTS TO MILITARY SERVICE ACADEMIES FROM 
NOMINATIONS MADE BY DELEGATE FROM THE COMMON-
WEALTH OF THE NORTHERN MARIANA ISLANDS. 
(a) UNITED STATES MILITARY ACADEMY.—Section 4342(a)(10) 
of title 10, United States Code, is amended by striking ‘‘One cadet’’ 
and inserting ‘‘Two cadets’’. 
(b) UNITED STATES NAVAL ACADEMY.—Section 6954(a)(10) of 
such title is amended by striking ‘‘One’’ and inserting ‘‘Two’’. 
(c) UNITED STATES AIR FORCE ACADEMY.—Section 9342(a)(10) 
of such title is amended by striking ‘‘One cadet’’ and inserting 
‘‘Two cadets’’. 
(d) EFFECTIVE DATE.—The amendments made by this section 
shall apply with respect to appointments to the United States 
Military Academy, the United States Naval Academy, and the 
United States Air Force Academy beginning with the first class 
of candidates nominated for appointment to these military service 
academies after the date of the enactment of this Act. 
10 USC 4342 
note. 
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123 STAT. 2289 
PUBLIC LAW 111–84—OCT. 28, 2009 
SEC. 528. ATHLETIC ASSOCIATION FOR THE AIR FORCE ACADEMY. 
(a) IN GENERAL.—Chapter 903 of title 10, United States Code, 
is amended by adding at the end the following new section: 
‘‘§ 9362. Support of athletic programs 
‘‘(a) CORPORATION
FOR SUPPORT AUTHORIZED.—(1) The Sec-
retary of the Air Force may, in accordance with the laws of the 
State of incorporation, establish a corporation (in this section 
referred to as the ‘corporation’) to support the athletic programs 
of the Academy. All stock of the corporation shall be owned by 
the United States and held in the name of and voted by the 
Secretary of the Air Force. 
‘‘(2) The corporation shall operate exclusively for charitable, 
educational, and civic purposes to support the athletic programs 
of the Academy. 
‘‘(b) CORPORATE ORGANIZATION.—The corporation shall be orga-
nized and operated— 
‘‘(1) as a nonprofit corporation under section 501 (c)(3) 
of the Internal Revenue Code of 1986; 
‘‘(2) in accordance with this section; and 
‘‘(3) pursuant to the laws of the State of incorporation, 
its articles of incorporation, and its bylaws. 
‘‘(c) CORPORATE BOARD OF DIRECTORS.—(1) The members of 
the board of directors of the corporation shall serve without com-
pensation as members of the board, except for reasonable travel 
and other related expenses for attendance at meetings of the board. 
‘‘(2) The Secretary of the Air Force may authorize military 
and civilian personnel of the Air Force under section 1033 of this 
title to serve, in their official capacities, as members of the board 
of directors of the corporation, but such personnel shall not hold 
more than one-third of the directorships. 
‘‘(d) TRANSFERS FROM NONAPPROPRIATED FUND OPERATION.— 
The Secretary of the Air Force may, subject to the acceptance 
of the corporation, transfer to the corporation all title to and owner-
ship of the assets and liabilities of the Air Force nonappropriated 
fund instrumentality whose functions include providing support 
for the athletic programs of the Academy, including bank accounts 
and financial reserves in its accounts, equipment, supplies, and 
other personal property, but excluding any interest in real property. 
‘‘(e) ACCEPTANCE OF GIFTS.—The Secretary of the Air Force 
may accept from the corporation funds, supplies, and services for 
the support of cadets and Academy personnel during their participa-
tion in Academy or corporate events related to the athletic programs 
of the Academy. 
‘‘(f) LEASES.—The Secretary of the Air Force may, in accordance 
with section 2667 of this title, lease real and personal property 
to the corporation for purposes related to the athletic programs 
of the Academy. Funds received from any such lease may be 
retained and spent by the Secretary to support athletic programs 
of the Academy. 
‘‘(g) COOPERATIVE AGREEMENTS.—The Secretary of the Air Force 
may enter into cooperative agreements (as described in section 
6305 of title 31) with the corporation for purposes related to the 
athletic programs of the Academy.’’. 
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123 STAT. 2290 
PUBLIC LAW 111–84—OCT. 28, 2009 
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of chapter 903 of such title is amended by adding at the 
end the following new item: 
‘‘9362. Support of athletic programs.’’. 
SEC. 529. LANGUAGE TRAINING CENTERS FOR MEMBERS OF THE 
ARMED FORCES AND CIVILIAN EMPLOYEES OF THE 
DEPARTMENT OF DEFENSE. 
(a) PROGRAM AUTHORIZED.—The Secretary of Defense may carry 
out a program to establish language training centers at accredited 
universities, senior military colleges, or other similar institutions 
of higher education for purposes of accelerating the development 
of foundational expertise in critical and strategic languages and 
regional area studies (as defined by the Secretary of Defense for 
purposes of this section) for members of the Armed Forces, including 
members of the reserve components and candidates of the Reserve 
Officers’ Training Corps programs, and civilian employees of the 
Department of Defense. 
(b) ELEMENTS.—Each language training center established 
under the program authorized by subsection (a) shall include the 
following: 
(1) Programs to provide that members of the Armed Forces 
or civilian employees of the Department of Defense who grad-
uate from the institution of higher education concerned include 
members or employees, as the case may be, who are skilled 
in the languages and area studies covered by the program 
from beginning through advanced skill levels. 
(2) Programs of language proficiency training for such mem-
bers and civilian employees at the institution of higher edu-
cation concerned in critical and strategic languages tailored 
to meet operational readiness requirements. 
(3) Alternative language training delivery systems and 
modalities to meet language and regional area study require-
ments for such members and employees whether prior to 
deployment, during deployment, or post-deployment. 
(4) Programs on critical and strategic languages under 
the program that can be incorporated into Reserve Officers’ 
Training Corps programs to facilitate the development of lan-
guage skills in such languages among future officers of the 
Armed Forces. 
(5) Training and education programs to expand the pool 
of qualified instructors and educators on critical and strategic 
languages and regional area studies under the program for 
the Armed Forces. 
(6) Programs to facilitate and encourage the recruitment 
of native and heritage speakers of critical and strategic lan-
guages under the program into the Armed Forces and the 
civilian workforce of the Department of Defense and to support 
the Civilian Linguist Reserve Corps. 
(c) PARTNERSHIPS
WITH
OTHER
SCHOOLS.—Any language 
training center established under the program authorized by sub-
section (a) may enter into a partnership with one or more local 
educational agencies to facilitate the development of skills in critical 
and strategic languages under the program among students 
attending the elementary and secondary schools of such agencies 
who may pursue a military career. 
10 USC 2001 
note prec. 
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123 STAT. 2291 
PUBLIC LAW 111–84—OCT. 28, 2009 
(d) COORDINATION.—The Secretary of Defense shall ensure that 
the language training centers established under the program 
authorized by subsection (a) are aligned with those of the National 
Security Education Program, the Defense Language Institute, and 
other appropriate Department of Defense programs to facilitate 
and encourage the recruitment of native and heritage speakers 
of critical and strategic languages under the program into the 
Armed Forces and the civilian workforce of the Department of 
Defense and to support the Civilian Linguist Reserve Corps. 
(e) REPORT.—Not later than one year after the date of the 
establishment of the program authorized by subsection (a), the 
Secretary of Defense shall submit to the congressional defense 
committees a report on the program. The report shall include the 
following: 
(1) A description of each language training center estab-
lished under the program. 
(2) An assessment of the cost-effectiveness of the program 
in providing foundational expertise in critical and strategic 
languages and regional area studies in support of the Defense 
Language Transformation Roadmap. 
(3) An assessment of the progress made by each language 
training center in providing capabilities in critical and strategic 
languages under the program to members of the Armed Forces 
and Department of Defense employees. 
(4) A recommendation whether the program should be 
continued and, if so, recommendations as to any modifications 
of the program that the Secretary considers appropriate. 
Subtitle D—Defense Dependents’ 
Education 
SEC. 531. CONTINUATION OF AUTHORITY TO ASSIST LOCAL EDU-
CATIONAL AGENCIES THAT BENEFIT DEPENDENTS OF 
MEMBERS OF THE ARMED FORCES AND DEPARTMENT OF 
DEFENSE CIVILIAN EMPLOYEES. 
(a) ASSISTANCE TO SCHOOLS WITH SIGNIFICANT NUMBERS OF 
MILITARY DEPENDENT STUDENTS.—Of the amount authorized to 
be appropriated for fiscal year 2010 pursuant to section 301(5) 
for operation and maintenance for Defense-wide activities, 
$30,000,000 shall be available only for the purpose of providing 
assistance to local educational agencies under subsection (a) of 
section 572 of the National Defense Authorization Act for Fiscal 
Year 2006 (Public Law 109–163; 119 Stat. 3271; 20 U.S.C. 7703b). 
(b) ASSISTANCE TO SCHOOLS WITH ENROLLMENT CHANGES DUE 
TO
BASE
CLOSURES, FORCE
STRUCTURE
CHANGES, OR
FORCE 
RELOCATIONS.—Of the amount authorized to be appropriated for 
fiscal year 2010 pursuant to section 301(5) for operation and mainte-
nance for Defense-wide activities, $14,000,000 shall be available 
only for the purpose of providing assistance to local educational 
agencies under subsection (b) of such section 572, as amended 
by section 533 of this Act. 
(c) LOCAL EDUCATIONAL AGENCY DEFINED.—In this section, 
the term ‘‘local educational agency’’ has the meaning given that 
term in section 8013(9) of the Elementary and Secondary Education 
Act of 1965 (20 U.S.C. 7713(9)). 
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123 STAT. 2292 
PUBLIC LAW 111–84—OCT. 28, 2009 
SEC. 532. IMPACT AID FOR CHILDREN WITH SEVERE DISABILITIES. 
Of the amount authorized to be appropriated for fiscal year 
2010 by section 301(5) for operation and maintenance for Defense- 
wide activities, $5,000,000 shall be available for payments under 
section 363 of the Floyd D. Spence National Defense Authorization 
Act for Fiscal Year 2001 (as enacted into law by Public Law 106– 
398; 114 Stat. 1654A–77; 20 U.S.C. 7703a). 
SEC. 533. TWO-YEAR EXTENSION OF AUTHORITY FOR ASSISTANCE TO 
LOCAL EDUCATIONAL AGENCIES WITH ENROLLMENT 
CHANGES DUE TO BASE CLOSURES, FORCE STRUCTURE 
CHANGES, OR FORCE RELOCATIONS. 
Section 572(b)(4) of the National Defense Authorization Act 
for Fiscal Year 2006 (Public Law 109–163; 119 Stat. 3271; 20 
U.S.C. 7703b(b)(4)) is amended by striking ‘‘September 30, 2010’’ 
and inserting ‘‘September 30, 2012’’. 
SEC. 534. AUTHORITY TO EXTEND ELIGIBILITY FOR ENROLLMENT IN 
DEPARTMENT 
OF 
DEFENSE 
ELEMENTARY 
AND 
SEC-
ONDARY SCHOOLS TO CERTAIN ADDITIONAL CATEGORIES 
OF DEPENDENTS. 
Section 2164 of title 10, United States Code, is amended by 
adding at the end the following new subsection: 
‘‘(j) TUITION-FREE ENROLLMENT OF DEPENDENTS OF FOREIGN 
MILITARY PERSONNEL RESIDING ON DOMESTIC MILITARY INSTALLA-
TIONS AND DEPENDENTS OF CERTAIN DECEASED MEMBERS OF THE 
ARMED FORCES.—(1) The Secretary may authorize the enrollment 
in a Department of Defense education program provided by the 
Secretary pursuant to subsection (a) of a dependent not otherwise 
eligible for such enrollment who is the dependent of an individual 
described in paragraph (2). Enrollment of such a dependent shall 
be on a tuition-free basis. 
‘‘(2) An individual referred to in paragraph (1) is any of the 
following: 
‘‘(A) A member of a foreign armed force residing on a 
military installation in the United States (including territories, 
commonwealths, and possessions of the United States). 
‘‘(B) A deceased member of the armed forces who died 
in the line of duty in a combat-related operation, as designated 
by the Secretary.’’. 
SEC. 535. PERMANENT AUTHORITY FOR ENROLLMENT IN DEFENSE 
DEPENDENTS’ EDUCATION SYSTEM OF DEPENDENTS OF 
FOREIGN MILITARY MEMBERS ASSIGNED TO SUPREME 
HEADQUARTERS ALLIED POWERS, EUROPE. 
(a) PERMANENT ENROLLMENT AUTHORITY.—Subsection (a)(2) of 
section 1404A of the Defense Dependents’ Education Act of 1978 
(20 U.S.C. 923a) is amended by striking ‘‘, and only through the 
2010-2011 school year’’. 
(b) COMBATANT COMMANDER ADVICE AND ASSISTANCE.—Sub-
section (c)(1) of such section is amended by adding at the end 
the following new sentence: ‘‘The Secretary shall prescribe such 
methodology with the advice and assistance of the commander 
of the geographic combatant command with jurisdiction over Mons, 
Belgium.’’. 
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123 STAT. 2293 
PUBLIC LAW 111–84—OCT. 28, 2009 
SEC. 536. DETERMINATION OF NUMBER OF WEIGHTED STUDENT UNITS 
FOR LOCAL EDUCATIONAL AGENCIES FOR RECEIPT OF 
BASIC SUPPORT PAYMENTS UNDER IMPACT AID. 
Section 8003(a)(2)(C)(i) of the Elementary and Secondary Edu-
cation Act of 1965 (20 U.S.C. 7703(a)(2)(C)(i)) is amended by striking 
‘‘6,500’’ and inserting ‘‘5,000’’. 
SEC. 537. STUDY ON OPTIONS FOR EDUCATIONAL OPPORTUNITIES FOR 
DEPENDENT CHILDREN OF MEMBERS OF THE ARMED 
FORCES WHEN PUBLIC SCHOOLS ATTENDED BY SUCH 
CHILDREN ARE DETERMINED TO NEED IMPROVEMENT. 
(a) STUDY
ON OPTIONS
FOR EDUCATIONAL OPPORTUNITIES.— 
(1) STUDY REQUIRED.—The Secretary of Defense shall, in 
consultation with the Secretary of Education, conduct a study 
on options for educational opportunities that are, or may be, 
available for dependent children of members of the Armed 
Forces who do not attend Department of Defense dependents’ 
schools when the public elementary and secondary schools 
attended by such children are determined to be in need of 
improvement pursuant to section 1116(b) of the Elementary 
and Secondary Education Act of 1965 (20 U.S.C. 6316(b)). 
(2) OPTIONS.—The options to be considered under the study 
required by paragraph (1) may include the following: 
(A) Education programs offered through the Internet, 
including programs that are provided by the Department 
of Defense through the Internet. 
(B) Charter schools. 
(C) Such other public school options as the Secretary 
of Defense, in consultation with the Secretary of Education, 
considers appropriate for purposes of the study. 
(3) ELEMENTS.—The study required by paragraph (1) shall 
address the following matters: 
(A) The challenges faced by parents of military families 
in securing quality elementary and secondary education 
for their children when the public elementary and sec-
ondary schools attended by their children are identified 
as being in need of improvement. 
(B) The extent to which perceptions of differing degrees 
of quality in public elementary and secondary schools in 
different regions of the United States affect plans of mili-
tary families to relocate, including relocation pursuant to 
a permanent change of duty station. 
(C) The various reasons why military families seek 
educational opportunities for their children other than 
those available through local public elementary and sec-
ondary schools. 
(D) The current level of student achievement in public 
elementary and secondary schools in school districts which 
have a high percentage of students who are children of 
military families. 
(E) The educational needs of children of military fami-
lies who are required by location to attend public 
elementary and secondary schools identified as being in 
need of improvement. 
(F) The value and impact of other alternative edu-
cational programs for military families. 
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123 STAT. 2294 
PUBLIC LAW 111–84—OCT. 28, 2009 
(G) The extent to which the options referred to in 
paragraph (2) would provide a meaningful option for edu-
cation for military children when the public elementary 
and secondary schools attended by such children are deter-
mined to be in need of improvement. 
(H) The extent to which the options referred to in 
paragraph (2) would improve the quality of education avail-
able for students with special needs, including students 
with learning disabilities and gifted students. 
(I) Such other matters as the Secretary of Defense 
and Secretary of Education consider appropriate for pur-
poses of the study. 
(b) REPORT.—Not later than March 31, 2010, the Secretary 
of Defense shall submit to the Committee on Armed Services of 
the Senate, the Committee on Health, Education, Labor, and Pen-
sions of the Senate, the Committee on Armed Services of the House 
of Representatives, and the Committee on Education and Labor 
of the House of Representatives a report on the study required 
by subsection (a). The report shall include the following: 
(1) A description of the results of the study. 
(2) Such recommendations for legislative or administrative 
action as the Secretary of Defense, in consultation with the 
Secretary of Education, considers appropriate in light of the 
results of the study. 
SEC. 538. COMPTROLLER GENERAL AUDIT OF ASSISTANCE TO LOCAL 
EDUCATIONAL AGENCIES FOR DEPENDENT CHILDREN OF 
MEMBERS OF THE ARMED FORCES. 
(a) IN GENERAL.—The Comptroller General of the United States 
shall conduct an audit of the utilization by local educational agen-
cies of the assistance specified in subsection (b) provided to such 
agencies for fiscal years 2001 through 2009 for the education of 
dependent children of members of the Armed Forces. The audit 
shall include— 
(1) an evaluation of the utilization of such assistance by 
such agencies; and 
(2) an assessment of the effectiveness of such assistance 
in improving the quality of education provided to dependent 
children of members of the Armed Forces. 
(b) ASSISTANCE SPECIFIED.—The assistance specified in this 
subsection is the following: 
(1) Assistance provided under the following: 
(A) Section 551 of the Duncan Hunter National Defense 
Authorization Act for Fiscal Year 2009 (Public Law 110– 
417; 122 Stat. 4468). 
(B) Section 571 of the National Defense Authorization 
Act for Fiscal Year 2008 (Public Law 110–181; 122 Stat. 
119). 
(C) Section 572 of the John Warner National Defense 
Authorization Act for Fiscal Year 2007 (Public Law 109– 
364; 120 Stat. 2225). 
(D) Section 574 of the John Warner National Defense 
Authorization Act for Fiscal Year 2007 (120 Stat. 2226; 
20 U.S.C. 7703b note). 
(E) Section 575 of the John Warner National Defense 
Authorization Act for Fiscal Year 2007 (120 Stat. 2227; 
10 U.S.C. 1788 note). 
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123 STAT. 2295 
PUBLIC LAW 111–84—OCT. 28, 2009 
(F) Section 572 of the National Defense Authorization 
Act for Fiscal Year 2006 (Public Law 109–163; 119 Stat. 
3271; 20 U.S.C. 7703b). 
(G) Section 574 of the National Defense Authorization 
Act for Fiscal Year 2006 (119 Stat. 3273). 
(H) Section 558 of the Ronald W. Reagan National 
Defense Authorization Act for Fiscal Year 2005 (Public 
Law 108–375; 118 Stat. 1916). 
(I) Section 559 of the Ronald W. Reagan National 
Defense Authorization Act for Fiscal Year 2005 (118 Stat. 
1917). 
(J) Section 536 of the National Defense Authorization 
Act for Fiscal Year 2004 (Public Law 108–136; 117 Stat. 
1474). 
(K) Clauses (i) and (ii) of section 8003(b)(2)(H) of the 
Elementary and Secondary Education Act of 1965 (20 
U.S.C. 7703(b)(2)(H)). 
(L) Section 341 of the Bob Stump National Defense 
Authorization Act for Fiscal Year 2003 (Public Law 107– 
314; 116 Stat. 2514). 
(M) Section 344 of the Bob Stump National Defense 
Authorization Act for Fiscal Year 2003 (116 Stat. 2515). 
(N) Section 351 of the National Defense Authorization 
Act for Fiscal Year 2002 (Public Law 107–107; 115 Stat. 
1063). 
(O) Section 362 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–76). 
(P) Section 364 of the National Defense Authorization 
Act for Fiscal Year 2001 (114 Stat. 1654A–78) 
(2) Payments made under section 363 of the Floyd D. 
Spence National Defense Authorization Act for Fiscal Year 
2001 (114 Stat. 1654A–77; 20 U.S.C. 7703a). 
(c) REPORT.—Not later than one year after the date of the 
enactment of this Act, the Comptroller General shall submit to 
the congressional defense committees a report containing the results 
of the audit required by subsection (a). 
SEC. 539. SENSE OF CONGRESS ON THE INTERSTATE COMPACT ON 
EDUCATIONAL OPPORTUNITY FOR MILITARY CHILDREN. 
It is the sense of Congress to— 
(1) express strong support and commendation for all the 
States that have successfully enacted the Interstate Compact 
on Educational Opportunity for Military Children; 
(2) express its strong support and encourage all remaining 
States to enact the Interstate Compact on Educational Oppor-
tunity for Military Children; 
(3) recognize the importance of the components of the Inter-
state Compact on Educational Opportunity for Military Chil-
dren, including— 
(A) the transfer of educational records to expedite the 
proper enrollment and placement of students; 
(B) the ability of students to continue their enrollment 
at a grade level in the receiving State commensurate with 
their grade level from the sending State; 
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123 STAT. 2296 
PUBLIC LAW 111–84—OCT. 28, 2009 
(C) priority for attendance to children of members of 
the Armed Forces assuming the school district accepts 
transfer students; 
(D) the ability of students to continue their course 
placement, including but not limited to Honors, Inter-
national Baccalaureate, Advanced Placement, vocational, 
technical, and career pathways courses; 
(E) the recalculation of grades to consider the weights 
offered by a receiving school for the same performance 
in the same course when a student transfers from one 
grading system to another system (for example, number- 
based system to letter-based system); 
(F) the waiver of specific courses required for gradua-
tion if similar course work has been satisfactorily completed 
in another local education agency or the provision of an 
alternative means of acquiring required coursework so that 
graduation may occur on time; and 
(G) the recognition of an appointed guardian as a custo-
dial parent while the child’s parent or parents are deployed; 
and 
(4) express strong support for States to develop a State 
Council to provide for the coordination among their agencies 
of government, local education agencies, and military installa-
tions concerning the participation of a State in the Interstate 
Compact on Educational Opportunity for Military Children. 
Subtitle E—Missing or Deceased Persons 
SEC. 541. ADDITIONAL REQUIREMENTS FOR ACCOUNTING FOR MEM-
BERS OF THE ARMED FORCES AND DEPARTMENT OF 
DEFENSE CIVILIAN EMPLOYEES LISTED AS MISSING IN 
CONFLICTS OCCURRING BEFORE ENACTMENT OF NEW 
SYSTEM FOR ACCOUNTING FOR MISSING PERSONS. 
(a) IMPOSITION OF ADDITIONAL REQUIREMENTS.—Section 1509 
of title 10, United States Code, is amended to read as follows: 
‘‘§ 1509. Program to resolve preenactment missing person 
cases 
‘‘(a) PROGRAM REQUIRED; COVERED CONFLICTS.—The Secretary 
of 
Defense 
shall 
implement 
a 
comprehensive, 
coordinated, 
integrated, and fully resourced program to account for persons 
described in subparagraph (A) or (B) of section 1513(1) of this 
title who are unaccounted for from the following conflicts: 
‘‘(1) World War II during the period beginning on December 
7, 1941, and ending on December 31, 1946, including members 
of the armed forces who were lost during flight operations 
in the Pacific theater of operations covered by section 576 
of the National Defense Authorization Act for Fiscal Year 2000 
(Public Law 106–65; 10 U.S.C. 1501 note). 
‘‘(2) The Cold War during the period beginning on Sep-
tember 2, 1945, and ending on August 21, 1991. 
‘‘(3) The Korean War during the period beginning on June 
27, 1950, and ending on January 31, 1955. 
‘‘(4) The Indochina War era during the period beginning 
on July 8, 1959, and ending on May 15, 1975. 
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123 STAT. 2297 
PUBLIC LAW 111–84—OCT. 28, 2009 
‘‘(5) The Persian Gulf War during the period beginning 
on August 2, 1990, and ending on February 28, 1991. 
‘‘(6) Such other conflicts in which members of the armed 
forces served as the Secretary of Defense may designate. 
‘‘(b) IMPLEMENTATION PROCESS.—(1) The Secretary of Defense 
shall implement the program within the Department of Defense 
POW/MIA accounting community. 
‘‘(2) For purposes of paragraph (1), the term ‘POW/MIA 
accounting community’ means: 
‘‘(A) The Defense Prisoner of War/Missing Personnel Office 
(DPMO). 
‘‘(B) The Joint POW/MIA Accounting Command (JPAC). 
‘‘(C) The Armed Forces DNA Identification Laboratory 
(AFDIL). 
‘‘(D) The Life Sciences Equipment Laboratory of the Air 
Force (LSEL). 
‘‘(E) The casualty and mortuary affairs offices of the mili-
tary departments. 
‘‘(F) Any other element of the Department of Defense whose 
mission (as designated by the Secretary of Defense) involves 
the accounting for and recovery of members of the armed forces 
who are missing in action, prisoners of war, or unaccounted 
for. 
‘‘(c) TREATMENT AS MISSING PERSONS.—Each unaccounted for 
person covered by subsection (a) shall be considered to be a missing 
person for purposes of the applicability of other provisions of this 
chapter to the person. 
‘‘(d) ESTABLISHMENT OF PERSONNEL FILES.—(1) The Secretary 
of Defense shall ensure that a personnel file is established and 
maintained for each person covered by subsection (a) if the Sec-
retary— 
‘‘(A) possesses any information relevant to the status of 
the person; or 
‘‘(B) receives any new information regarding the missing 
person as provided in subsection (e). 
‘‘(2) The Secretary of Defense shall ensure that each file estab-
lished under this subsection contains all relevant information per-
taining to a person covered by subsection (a) and is readily acces-
sible to all elements of the department, the combatant commands, 
and the armed forces involved in the effort to account for the 
person. 
‘‘(3) Each file established under this subsection shall be handled 
in accordance with, and subject to the provisions of, section 1506 
of this title in the same manner as applies to the file of a missing 
person otherwise subject to such section. 
‘‘(e) REVIEW OF STATUS REQUIREMENTS.—(1) If new information 
(as described in paragraph (3)) is found or received that may be 
related to one or more unaccounted for persons covered by sub-
section (a), whether or not such information specifically relates 
(or may specifically relate) to any particular such unaccounted 
for person, that information shall be provided to the Secretary 
of Defense. 
‘‘(2) Upon receipt of new information under paragraph (1), 
the Secretary shall ensure that— 
‘‘(A) the information is treated under paragraph (2) of 
subsection (c) of section 1505 of this title, relating to addition 
Records. 
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123 STAT. 2298 
PUBLIC LAW 111–84—OCT. 28, 2009 
of the information to the personnel file of a person and notifica-
tion requirements, in the same manner as information received 
under paragraph (1) under such subsection; and 
‘‘(B) the information is treated under paragraph (3) of 
subsection (c) and subsection (d) of such section, relating to 
a board review under such section, in the same manner as 
information received under paragraph (1) of such subsection 
(c). 
‘‘(3) For purposes of this subsection, new information is informa-
tion that is credible and that— 
‘‘(A) is found or received after November 18, 1997, by 
a United States intelligence agency, by a Department of Defense 
agency, or by a person specified in section 1504(g) of this 
title; or 
‘‘(B) is identified after November 18, 1997, in records of 
the United States as information that could be relevant to 
the case of one or more unaccounted for persons covered by 
subsection (a). 
‘‘(f) COORDINATION REQUIREMENTS.—(1) In establishing and car-
rying out the program, the Secretary of Defense shall coordinate 
with the Secretaries of the military departments, the Chairman 
of the Joint Chiefs of Staff, and the commanders of the combatant 
commands. 
‘‘(2) In carrying out the program, the Secretary of Defense 
shall establish close coordination with the Department of State, 
the Central Intelligence Agency, and the National Security Council 
to enhance the ability of the Department of Defense POW/MIA 
accounting community to account for persons covered by subsection 
(a).’’. 
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of chapter 76 of such title is amended by striking the item 
relating to section 1509 and inserting the following new item: 
‘‘1509. Program to resolve preenactment missing person cases.’’. 
(c) CONFORMING AMENDMENT.—Section 1513(1) of such title 
is amended in the matter after subparagraph (B) by striking ‘‘section 
1509(b) of this title who is required by section 1509(a)(1) of this 
title’’ and inserting ‘‘subsection (a) of section 1509 of this title 
who is required by subsection (b) of such section’’. 
(d) IMPLEMENTATION.— 
(1) PRIORITY.—A priority of the program required by section 
1509 of title 10, United States Code, as amended by subsection 
(a), to resolve missing person cases arising before the enactment 
of chapter 76 of such title by section 569 of the National 
Defense Authorization Act for Fiscal Year 1996 (Public Law 
104–106; 110 Stat. 336) shall be the return of missing persons 
to United States control alive. 
(2) ACCOUNTING FOR GOAL.—In implementing the program, 
the Secretary of Defense, in coordination with the officials 
specified in subsection (f)(1) of section 1509 of title 10, United 
States Code, shall provide such funds, personnel, and resources 
as the Secretary considers appropriate to increase significantly 
the capability and capacity of the Department of Defense, the 
Armed Forces, and commanders of the combatant commands 
to account for missing persons so that, beginning with fiscal 
year 2015, the POW/MIA accounting community has sufficient 
10 USC 1509 
note. 
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123 STAT. 2299 
PUBLIC LAW 111–84—OCT. 28, 2009 
resources to ensure that at least 200 missing persons are 
accounted for under the program annually. 
(3) DEFINITIONS.—In this subsection: 
(A) The term ‘‘accounted for’’ has the meaning given 
such term in section 1513(3)(B) of title 10, United States 
Code. 
(B) The term ‘‘POW/MIA accounting community’’ has 
the meaning given such term in section 1509(b)(2) of such 
title. 
SEC. 542. POLICY AND PROCEDURES ON MEDIA ACCESS AND ATTEND-
ANCE BY FAMILY MEMBERS AT CEREMONIES FOR THE DIG-
NIFIED TRANSFER OF REMAINS OF MEMBERS OF THE 
ARMED FORCES WHO DIE OVERSEAS. 
(a) DEPARTMENT
OF DEFENSE POLICY
AND PROCEDURES
ON 
MEDIA
ACCESS
AT
CEREMONIES
FOR
DIGNIFIED
TRANSFER
OF 
REMAINS OF MEMBERS OF THE ARMED FORCES WHO DIE OVER-
SEAS.— 
(1) POLICY REQUIRED.—Not later than April 1, 2010, the 
Secretary of Defense shall prescribe a policy guaranteeing 
media access at ceremonies for the dignified transfer of remains 
of members of the Armed Forces who die while located or 
serving overseas (in this section referred to as ‘‘military 
decedents’’) when approved by the primary next of kin of such 
military decedents. 
(2) PROCEDURES.—The policy developed under paragraph 
(1) shall include procedures to be followed by the military 
departments in conducting appropriate ceremonies for the dig-
nified transfer of remains of military decedents. The procedures 
shall be uniform across the military departments except to 
the extent necessary to reflect the traditional practices or cus-
toms of a particular military department. 
(3) ELEMENTS.—The policy developed under paragraph (1) 
shall include, but not be limited to, the following: 
(A) Provision for access by media representatives to 
transfers described in paragraph (1) if approved in advance 
by the primary next of kin of the military decedent or 
their designee. 
(B) Procedures for designating with certainty who is 
authorized to make the decision to approve media access 
at transfer ceremonies described in that paragraph under 
reasonable, foreseeable circumstances. 
(C) Conditions for coverage that media representatives 
must comply with during such transfer ceremonies, and 
procedures for ensuring agreement in advance by media 
representatives with the conditions for coverage prescribed 
by military authorities. 
(D) Procedures for the waiver by the primary next 
of kin or other designees of Departmental polices relating 
to delays in release of casualty information to the media 
and general public, when such waiver is required. 
(b) TRANSPORTATION TO TRANSFER CEREMONIES.— 
(1) PROVISION OF TRANSPORTATION REQUIRED.—Section 411f 
of title 37, United States Code, is amended— 
(A) by redesignating subsections (e) and (f) as sub-
sections (f) and (g), respectively; and 
Deadline. 
10 USC 1482 
note. 
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123 STAT. 2300 
PUBLIC LAW 111–84—OCT. 28, 2009 
(B) by inserting after subsection (d) the following new 
subsection (e): 
‘‘(e) TRANSPORTATION TO TRANSFER CEREMONIES OF MEMBERS 
OF THE ARMED FORCES WHO DIE OVERSEAS.—(1) The Secretary 
of the military department concerned may provide round trip 
transportation to ceremonies for the transfer of a member of the 
armed forces who dies while located or serving overseas to the 
following: 
‘‘(A) The primary next of kin of the member. 
‘‘(B) Two family members (other than primary next of kin) 
of the member. 
‘‘(C) One or more additional family members of the member, 
at the discretion of the Secretary. 
‘‘(2)(A) For purposes of this subsection, the primary next of 
kin of a member of the armed forces shall be the eligible relatives 
of the member specified in subparagraphs (A) through (D) of sub-
section (c)(1). 
‘‘(B) The Secretaries of the military departments shall prescribe 
in regulations the family members of a member of the armed 
forces who shall constitute family members for purposes of subpara-
graphs (B) and (C) of paragraph (1). The Secretary of Defense 
shall ensure that such regulations are uniform across the military 
departments. 
‘‘(3) Transportation shall be provided under this subsection 
by means of Invitational Travel Authorizations. 
‘‘(4) The Secretary of a military department may, upon the 
request of the primary next of kin covered by paragraph (1)(A) 
and at the discretion of the Secretary, provide for the accompani-
ment of such next of kin in travel under this subsection by a 
casualty assistance officer or family liaison officer of the military 
department who shall act as an escort in such accompaniment.’’. 
(2) CONFORMING AND CLERICAL AMENDMENTS.— 
(A) HEADING AMENDMENT.—The heading of such sec-
tion is amended to read as follows: 
‘‘§ 411f. Travel and transportation allowances: transportation 
for survivors of deceased member to attend mem-
ber’s burial ceremonies; transportation for sur-
vivors of member dying overseas to attend transfer 
ceremonies’’. 
(B) CLERICAL AMENDMENT.—The table of sections at 
the beginning of chapter 7 of such title is amended by 
striking the item relating to section 411f and inserting 
the following new item: 
‘‘411f. Travel and transportation allowances: transportation for survivors of deceased 
member to attend member’s burial ceremonies; transportation for sur-
vivors of member dying overseas to attend transfer ceremonies.’’. 
(c) EFFECTIVE DATE.—This section and the amendments made 
by this section shall take effect on the date that is one year 
after the date of the enactment of this Act. 
SEC. 543. REPORT ON EXPANSION OF AUTHORITY OF A MEMBER TO 
DESIGNATE PERSONS TO DIRECT DISPOSITION OF THE 
REMAINS OF A DECEASED MEMBER. 
Not later than 180 days after the date of the enactment of 
this Act, the Secretary of Defense shall submit to Congress a 
37 USC 411f 
note. 
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123 STAT. 2301 
PUBLIC LAW 111–84—OCT. 28, 2009 
report evaluating the potential effects of expanding the list of per-
sons under section 1482(c) of title 10, United States Code, who 
may be designated by a member of the Armed Forces as the person 
authorized to direct disposition of the remains of the member if 
the member is deceased to include persons who are not family 
members of members of the Armed Forces. 
SEC. 544. SENSE OF CONGRESS ON THE RECOVERY OF THE REMAINS 
OF MEMBERS OF THE ARMED FORCES WHO WERE KILLED 
DURING WORLD WAR II IN THE BATTLE OF TARAWA ATOLL. 
Congress— 
(1) reaffirms its support for the recovery and return to 
the United States of the remains of members of the Armed 
Forces killed in battle, and for the efforts by the Joint POW- 
MIA Accounting Command to recover the remains of members 
of the Armed Forces from all wars; 
(2) recognizes the courage and sacrifice of the members 
of the Armed Forces who fought on Tarawa Atoll; 
(3) acknowledges the dedicated research and efforts by 
persons to identify, locate, and advocate for the recovery of 
remains from Tarawa; and 
(4) encourages the Department of Defense to review this 
research and, as appropriate, pursue new efforts to conduct 
field studies, new research, and undertake all feasible efforts 
to recover, identify, and return remains of members of the 
Armed Forces from Tarawa. 
Subtitle F—Decorations and Awards 
SEC. 551. AUTHORIZATION AND REQUEST FOR AWARD OF MEDAL OF 
HONOR TO ANTHONY T. KAHO’OHANOHANO FOR ACTS OF 
VALOR DURING THE KOREAN WAR. 
(a) AUTHORIZATION.—Notwithstanding the time limitations 
specified in section 3744 of title 10, United States Code, or any 
other time limitation with respect to the awarding of certain medals 
to persons who served in the Armed Forces, the President is author-
ized and requested to award the Medal of Honor under section 
3741 of such title to former Private First Class Anthony T. 
Kaho’ohanohano for the acts of valor during the Korean War 
described in subsection (b). 
(b) ACTS
OF VALOR DESCRIBED.—The acts of valor referred 
to in subsection (a) are the actions of then Private First Class 
Anthony T. Kaho’ohanohano of Company H of the 17th Infantry 
Regiment of the 7th Infantry Division on September 1, 1951, during 
the Korean War for which he was originally awarded the Distin-
guished-Service Cross. 
SEC. 552. AUTHORIZATION AND REQUEST FOR AWARD OF DISTIN-
GUISHED-SERVICE CROSS TO JACK T. STEWART FOR ACTS 
OF VALOR DURING THE VIETNAM WAR. 
(a) AUTHORIZATION.—Notwithstanding the time limitations 
specified in section 3744 of title 10, United States Code, or any 
other time limitation with respect to the awarding of certain medals 
to persons who served in the Armed Forces, the Secretary of the 
Army is authorized and requested to award the Distinguished- 
Service Cross under section 3742 of such title to former Captain 
President. 
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123 STAT. 2302 
PUBLIC LAW 111–84—OCT. 28, 2009 
Jack T. Stewart of the United States Army for the acts of valor 
during the Vietnam War described in subsection (b). 
(b) ACTS
OF VALOR DESCRIBED.—The acts of valor referred 
to in subsection (a) are the actions of Captain Jack T. Stewart 
as commander of a two-platoon Special Forces Mike Force element 
in combat with two battalions of the North Vietnamese Army on 
March 24, 1967, during the Vietnam War. 
SEC. 553. AUTHORIZATION AND REQUEST FOR AWARD OF DISTIN-
GUISHED-SERVICE CROSS TO WILLIAM T. MILES, JR., FOR 
ACTS OF VALOR DURING THE KOREAN WAR. 
(a) AUTHORIZATION.—Notwithstanding the time limitations 
specified in section 3744 of title 10, United States Code, or any 
other time limitation with respect to the awarding of certain medals 
to persons who served in the Armed Forces, the Secretary of the 
Army is authorized and requested to award the Distinguished- 
Service Cross under section 3742 of such title to former Sergeant 
First Class William T. Miles, Jr., of the United States Army for 
the acts of valor during the Korean War described in subsection 
(b). 
(b) ACTS
OF VALOR DESCRIBED.—The acts of valor referred 
to in subsection (a) are the actions of Sergeant First Class William 
T. Miles, Jr,. as a member of United States Special Forces from 
June 18, 1951, to July 6, 1951, during the Korean War, when 
he fought a delaying action against enemy forces in order to allow 
other members of his squad to escape an ambush. 
Subtitle G—Military Family Readiness 
Matters 
SEC. 561. ESTABLISHMENT OF ONLINE RESOURCES TO PROVIDE 
INFORMATION ABOUT BENEFITS AND SERVICES AVAIL-
ABLE TO MEMBERS OF THE ARMED FORCES AND THEIR 
FAMILIES. 
(a) INTERNET OUTREACH WEBSITE.— 
(1) ESTABLISHMENT.—The Secretary of Defense shall estab-
lish an Internet website or other online resources for the pur-
pose of providing comprehensive information to members of 
the Armed Forces and their families about the benefits and 
services described in subsection (b) that are available to mem-
bers of the Armed Forces and their families. 
(2) CONTACT INFORMATION.—The online resources shall pro-
vide contact information, both telephone and e-mail, that a 
member of the Armed Forces or dependent of the member 
can use to get specific information about benefits and services 
that may be available for the member or dependent. 
(b) COVERED BENEFITS AND SERVICES.—The information pro-
vided through the online resources established pursuant to sub-
section (a) shall include information regarding the following benefits 
and services that may be available to a member of the Armed 
Forces and dependents of the member: 
(1) Financial compensation, including financial counseling. 
(2) Health care and life insurance programs. 
(3) Death benefits. 
10 USC 1781 
note. 
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123 STAT. 2303 
PUBLIC LAW 111–84—OCT. 28, 2009 
(4) Entitlements and survivor benefits for dependents, 
including offsets in the receipt of such benefits under the Sur-
vivor Benefit Plan and in connection with the receipt of depend-
ency and indemnity compensation. 
(5) Educational assistance benefits, including limitations 
on and the transferability of such assistance. 
(6) Housing assistance benefits, including counseling. 
(7) Relocation planning and preparation. 
(8) Maintaining military records. 
(9) Legal assistance. 
(10) Quality of life programs. 
(11) Family and community programs. 
(12) Employment assistance upon separation or retirement 
of a member or for the spouse of the member. 
(13) Reserve component service for members completing 
service in a regular component. 
(14) Disability benefits, including offsets in connection with 
the receipt of such benefits. 
(15) Benefits and services provided under laws adminis-
tered by the Secretary of Veterans Affairs. 
(16) Such other benefits and services as the Secretary 
of Defense considers appropriate. 
(c) DISSEMINATION
OF
INFORMATION
ON
AVAILABILITY
ON 
ONLINE RESOURCES.—The Secretaries of the military departments 
shall use public service announcements, publications, and such 
other announcements through the general media as the Secretaries 
consider appropriate to inform members of the Armed Forces and 
their families and the general public about the information available 
through the online resources established pursuant to subsection 
(a). 
(d) IMPLEMENTATION REPORT.—Not later than one year after 
the date of the enactment of this Act, the Secretary of Defense 
shall submit to the congressional defense committees a report on 
the quality and scope of the online resources established pursuant 
to subsection (a) to provide information about benefits and services 
for members of the Armed Forces and their families. 
SEC. 562. ADDITIONAL MEMBERS ON DEPARTMENT OF DEFENSE MILI-
TARY FAMILY READINESS COUNCIL. 
(a) RESERVE COMPONENT REPRESENTATION.—Paragraph (1) of 
section 1781a(b) of title 10, United States Code, is amended— 
(1) by redesignating subparagraphs (C) and (D) as subpara-
graphs (D) and (E), respectively; 
(2) by inserting after subparagraph (B) the following new 
subparagraph (C): 
‘‘(C) In addition to the representatives appointed under 
subparagraph (B)— 
‘‘(i) one representative from the Army National Guard 
or Air National Guard, who shall be appointed by the 
Secretary of Defense; and 
‘‘(ii) one representative from the Army Reserve, Navy 
Reserve, Marine Corps Reserve, or Air Force Reserve, who 
shall be appointed by the Secretary of Defense.’’; and 
(3) in subparagraph (E), as redesignated by paragraph 
(1), by striking ‘‘subparagraph (B)’’ and inserting ‘‘subpara-
graphs (B) and (C)’’. 
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123 STAT. 2304 
PUBLIC LAW 111–84—OCT. 28, 2009 
(b) TERM; ROTATION AMONG RESERVE COMPONENTS.—Para-
graph (2) of such section is amended— 
(1) by striking ‘‘paragraph (1)(C)’’ and inserting ‘‘subpara-
graphs (C) and (D) of paragraph (1)’’; and 
(2) by adding at the end the following new sentences: 
‘‘Representation on the Council required by clause (i) of para-
graph (1)(C) shall rotate between the Army National Guard 
and Air National Guard. Representation required by clause 
(ii) of such paragraph shall rotate among the reserve compo-
nents specified in such clause.’’. 
SEC. 563. SUPPORT FOR MILITARY FAMILIES WITH SPECIAL NEEDS. 
(a) OFFICE OF COMMUNITY SUPPORT FOR MILITARY FAMILIES 
WITH SPECIAL NEEDS.— 
(1) IN GENERAL.—Subchapter I of chapter 88 of title 10, 
United States Code, is amended by inserting after section 1781b 
the following new section: 
‘‘§ 1781c. Office of Community Support for Military Families 
With Special Needs 
‘‘(a) ESTABLISHMENT.—There is in the Office of the Under Sec-
retary of Defense for Personnel and Readiness the Office of Commu-
nity Support for Military Families With Special Needs (in this 
section referred to as the ‘Office’). 
‘‘(b) PURPOSE.—The purpose of the Office is to enhance and 
improve Department of Defense support around the world for mili-
tary families with special needs (whether medical or educational 
needs) through the development of appropriate policies, enhance-
ment and dissemination of appropriate information throughout the 
Department of Defense, support for such families in obtaining refer-
rals for services and in obtaining service, and oversight of the 
activities of the military departments in support of such families. 
‘‘(c) DIRECTOR.—(1) The head of the Office shall be the Director 
of the Office of Community Support for Military Families With 
Special Needs, who shall be appointed by the Secretary of Defense 
from among civilian employees of the Department of Defense who 
are members of the Senior Executive Service or members of the 
armed forces in a general or flag grade. 
‘‘(2) The Director shall be subject to the supervision, direction, 
and control of the Under Secretary of Defense for Personnel and 
Readiness in the discharge of the responsibilities of the Office, 
and shall report directly to the Under Secretary regarding the 
discharge of such responsibilities. 
‘‘(d) RESPONSIBILITIES.—The Office shall have the responsibil-
ities as follows: 
‘‘(1) To develop and implement a comprehensive policy on 
support for military families with special needs as required 
by subsection (e). 
‘‘(2) To establish and oversee the programs required by 
subsection (f). 
‘‘(3) To identify gaps in services available through the 
Department of Defense for military families with special needs. 
‘‘(4) To develop plans to address gaps identified under 
paragraph (3) through appropriate mechanisms, such as 
enhancing resources and training and ensuring the provision 
of special assistance to military families with special needs 
and military parents of individuals with special needs 
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123 STAT. 2305 
PUBLIC LAW 111–84—OCT. 28, 2009 
(including through the provision of training and seminars to 
members of the armed forces). 
‘‘(5) To monitor the programs of the military departments 
for the assignment of members of the armed forces who are 
members of military families with special needs, and the pro-
grams for the support of such military families, and to advise 
the Secretary of Defense on the adequacy of such programs 
in conjunction with the preparation of future-years defense 
programs and other budgeting and planning activities of the 
Department of Defense. 
‘‘(6) To monitor the availability and accessibility of pro-
grams provided by other Federal, State, local, and non-govern-
mental agencies to military families with special needs. 
‘‘(7) To carry out such other matters with respect to the 
programs and activities of the Department of Defense regarding 
military families with special needs as the Under Secretary 
of Defense for Personnel and Readiness shall specify. 
‘‘(e) POLICY.—(1) The Office shall develop, and update from 
time to time, a uniform policy for the Department of Defense 
regarding military families with special needs. The policy shall 
apply with respect to members of the armed forces without regard 
to their location, whether within or outside the continental United 
States. 
‘‘(2) The policy developed under this subsection shall include 
elements regarding the following: 
‘‘(A) The assignment of members of the armed forces who 
are members of military families with special needs. 
‘‘(B) Support for military families with special needs. 
‘‘(3) In addressing the assignment of members of the armed 
forces under paragraph (2)(A), the policy developed under this sub-
section shall, in a manner consistent with the needs of the armed 
forces and responsive to the career development of members of 
the armed forces on active duty, provide for such members each 
of the following: 
‘‘(A) Assignment to locations where care and support for 
family members with special needs are available. 
‘‘(B) Stabilization of assignment for a minimum of 4 years. 
‘‘(4) In addressing support for military families under paragraph 
(2)(B), the policy developed under this subsection shall provide 
the following: 
‘‘(A) Procedures to identify members of the armed forces 
who are members of military families with special needs. 
‘‘(B) Mechanisms to ensure timely and accurate evaluations 
of members of such families who have special needs. 
‘‘(C) Procedures to facilitate the enrollment of such mem-
bers of the armed forces and their families in programs of 
the military department for the support of military families 
with special needs. 
‘‘(D) Procedures to ensure the coordination of Department 
of Defense health care programs and support programs for 
military families with special needs, and the coordination of 
such programs with other Federal, State, local, and non-govern-
mental health care programs and support programs intended 
to serve such families. 
‘‘(E) Requirements for resources (including staffing) to 
ensure the availability through the Department of Defense 
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123 STAT. 2306 
PUBLIC LAW 111–84—OCT. 28, 2009 
of appropriate numbers of case managers to provide individual-
ized support for military families with special needs. 
‘‘(F) Requirements regarding the development and contin-
uous updating of an individualized services plan (medical and 
educational) for each military family with special needs. 
‘‘(G) Requirements for record keeping, reporting, and 
continuous monitoring of available resources and family needs 
under individualized services support plans for military families 
with special needs, including the establishment and mainte-
nance of a central or various regional databases for such pur-
poses. 
‘‘(f) PROGRAMS.—(1) The Office shall establish, maintain, and 
oversee a program to provide information and referral services 
on special needs matters to military families with special needs 
on a continuous basis regardless of the location of the member’s 
assignment. The program shall provide for timely access by mem-
bers of such military families to individual case managers and 
counselors on matters relating to special needs. 
‘‘(2) The Office shall establish, maintain, and oversee a program 
of outreach on special needs matters for military families with 
special needs. The program shall— 
‘‘(A) assist military families in identifying whether or not 
they have a member with special needs; and 
‘‘(B) provide military families with special needs with 
information on the services, support, and assistance available 
through the Department of Defense regarding such members 
with special needs, including information on enrollment in pro-
grams of the military departments for such services, support, 
and assistance. 
‘‘(3)(A) The Office shall provide support to the Secretary of 
each military department in the establishment and sustainment 
by such Secretary of a program for the support of military families 
with special needs under the jurisdiction of such Secretary. Each 
program shall be consistent with the policy developed by the Office 
under subsection (e). 
‘‘(B) Each program under this paragraph shall provide for 
appropriate numbers of case managers for the development and 
oversight of individualized services plans for educational and med-
ical support for military families with special needs. 
‘‘(C) Services under a program under this paragraph may be 
provided by contract or other arrangements with non-Department 
of Defense entities qualified to provide such services. 
‘‘(g) RESOURCES.—The Secretary of Defense shall assign to the 
Office such resources, including personnel, as the Secretary con-
siders necessary for the discharge of the responsibilities of the 
Office, including a sufficient number of members of the armed 
forces to ensure appropriate representation by the military depart-
ments in the personnel of the Office. 
‘‘(h) REPORTS.—(1) Not later than 180 days after the date 
of the enactment of the National Defense Authorization Act for 
Fiscal Year 2010, and annually thereafter, the Secretary of Defense 
shall submit to the congressional defense committees a report on 
the activities of the Office. 
‘‘(2) Each report under this subsection shall include the fol-
lowing: 
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123 STAT. 2307 
PUBLIC LAW 111–84—OCT. 28, 2009 
‘‘(A) A description of any gaps in services available through 
the Department of Defense for military families with special 
needs that were identified under subsection (d)(3). 
‘‘(B) A description of the actions being taken, or planned, 
to address such gaps, including any plans developed under 
subsection (d)(4). 
‘‘(C) Such recommendations for legislative action as the 
Secretary considers appropriate to provide for the continuous 
improvement of support and services for military families with 
special needs. 
‘‘(i) MILITARY FAMILY WITH SPECIAL NEEDS.—For purposes of 
this section, a military family with special needs is any military 
family with one or more members who has a medical or educational 
special need (as defined by the Secretary in regulations for purposes 
of this section), including a condition covered by the Extended 
Health Care Option Program under section 1079f of this title.’’. 
(2) CLERICAL AMENDMENT.—The table of sections at the 
beginning of subchapter I of chapter 88 of such title is amended 
by inserting after the item relating to section 1781b the fol-
lowing new item: 
‘‘1781c. Office of Community Support for Military Families With Special Needs.’’. 
(3) REPEAL
OF
SUPERSEDED
AUTHORITY.—Section 587 of 
the National Defense Authorization Act for Fiscal Year 2008 
(Public Law 110–181; 122 Stat. 133; 10 U.S.C. 1781 note) 
is repealed. 
(b) FOUNDATION
FOR SUPPORT
OF MILITARY FAMILIES WITH 
SPECIAL NEEDS.— 
(1) ESTABLISHMENT AUTHORIZED.—The Secretary of Defense 
may establish a foundation for the provision of assistance to 
the Department of Defense in providing support to military 
families with special needs. 
(2) PURPOSES.—The purposes of the foundation shall be 
to assist the Department of Defense as follows: 
(A) In conducting outreach to identify military families 
with special needs. 
(B) In developing programs to support and provide 
services to military families with special needs. 
(C) In developing educational curricula for the training 
of professional and paraprofessional personnel providing 
support and services on special needs to military families 
with special needs. 
(D) In conducting research on the following: 
(i) The unique factors associated with a military 
career (including deployments of members of the 
Armed Forces) and their effects on families and individ-
uals with special needs. 
(ii) Evidence-based therapeutic and medical serv-
ices for members of military families with special 
needs, including research in conjunction with non- 
Department of Defense entities such as the National 
Institutes of Health. 
(E) In providing vocational education and training for 
adolescent and adult members of military families with 
special needs. 
(F) In carrying out other initiatives to contribute to 
improved support for military families with special needs. 
10 USC 1781c 
note. 
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123 STAT. 2308 
PUBLIC LAW 111–84—OCT. 28, 2009 
(3) DEPARTMENT OF DEFENSE FUNDING.—The Secretary may 
provide the foundation such financial support as the Secretary 
considers appropriate, including the provision to the foundation 
of appropriated funds and non-appropriated funds available 
to the Department of Defense. 
(4) ANNUAL REPORT.—The foundation shall submit to the 
Secretary, and to the congressional defense committees, each 
year a report on its activities under this subsection during 
the preceding year. Each report shall include, for the year 
covered by such report, the following: 
(A) A description of the programs and activities of 
the foundation. 
(B) The budget of the foundation, including the sources 
of any funds provided to the foundation. 
(5) MILITARY
FAMILY
WITH
SPECIAL
NEEDS
DEFINED.—In 
this subsection, the term ‘‘military family with special needs’’ 
has the meaning given such term in section 1781c(i) of title 
10, United States Code (as added by subsection (a)). 
(c) AUTHORIZATION
OF APPROPRIATIONS.—In addition to any 
other amounts authorized to be appropriated for the Department 
of Defense for fiscal year 2010 for support of military families 
with special needs, there is hereby authorized to be appropriated 
to the Department of Defense for fiscal year 2010 for military 
personnel, $50,000,000 for purposes of carrying out this section 
and the amendments made by this section. Of such amount, not 
less than $40,000,000 shall be allocated to the military departments 
for the execution of programs and activities in carrying out this 
section and the amendments made by this section in fiscal year 
2010. 
SEC. 564. PILOT PROGRAM TO SECURE INTERNSHIPS FOR MILITARY 
SPOUSES WITH FEDERAL AGENCIES. 
(a) COST-REIMBURSEMENT AGREEMENTS WITH FEDERAL AGEN-
CIES.—The Secretary of Defense may enter into an agreement with 
the head of an executive department or agency that has an estab-
lished internship program to reimburse the department or agency 
for authorized costs associated with the first year of employment 
of an eligible military spouse who is selected to participate in 
the internship program of the department or agency. 
(b) ELIGIBLE MILITARY SPOUSES.— 
(1) ELIGIBILITY.—Except as provided in paragraph (2), any 
person who is married to a member of the Armed Forces on 
active duty is eligible for selection to participate in an intern-
ship program under a reimbursement agreement entered into 
under subsection (a). 
(2) EXCLUSIONS.—Reimbursement may not be provided 
with respect to the following persons: 
(A) A person who is legally separated from a member 
of the Armed Forces under court order or statute of any 
State, the District of Columbia, or possession of the United 
States when the person begins the internship. 
(B) A person who is also a member of the Armed 
Forces on active duty. 
(C) A person who is a retired member of the Armed 
Forces. 
10 USC 1784 
note. 
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123 STAT. 2309 
PUBLIC LAW 111–84—OCT. 28, 2009 
(c) FUNDING SOURCE.—Amounts authorized to be appropriated 
for operation and maintenance, for Defense-wide activities, shall 
be available to carry out this section. 
(d) DEFINITIONS.—In this section: 
(1) The term ‘‘authorized costs’’ includes the costs of the 
salary, benefits and allowances, and training for an eligible 
military spouse during the first year of the participation of 
the military spouse in an internship program pursuant to an 
agreement under subsection (a). 
(2) The term ‘‘internship’’ means a professional, analytical, 
or administrative position in the Federal Government that oper-
ates under a developmental program leading to career advance-
ment. 
(e) TERMINATION OF AGREEMENT AUTHORITY.—No agreement 
may be entered into under subsection (a) after September 30, 2011. 
Authorized costs incurred after that date may be reimbursed under 
an agreement entered into before that date in the case of eligible 
military spouses who begin their internship by that date. 
(f) REPORTING REQUIREMENT.—Not later than January 1, 2012, 
the Secretary of Defense shall submit to the congressional defense 
committees a report that provides information on how many eligible 
military spouses received internships pursuant to agreements 
entered into under subsection (a) and the types of internship posi-
tions they occupied. The report shall specify the number of interns 
who subsequently obtained permanent employment with the depart-
ment or agency administering the internship program or with 
another department or agency. The Secretary shall include a rec-
ommendation regarding whether, given the investment of Depart-
ment of Defense funds, the authority to enter into agreements 
should be extended, modified, or terminated. 
SEC. 
565. 
FAMILY 
AND 
MEDICAL 
LEAVE 
FOR 
FAMILY 
OF 
SERVICEMEMBERS. 
(a) GENERAL REQUIREMENTS FOR LEAVE.— 
(1) DEFINITION OF COVERED ACTIVE DUTY.— 
(A) DEFINITION.—Section 101 of the Family and Med-
ical Leave Act of 1993 (29 U.S.C. 2611) is amended— 
(i) by striking paragraph (14) and inserting the 
following: 
‘‘(14) COVERED
ACTIVE
DUTY.—The term ‘covered active 
duty’ means— 
‘‘(A) in the case of a member of a regular component 
of the Armed Forces, duty during the deployment of the 
member with the Armed Forces to a foreign country; and 
‘‘(B) in the case of a member of a reserve component 
of the Armed Forces, duty during the deployment of the 
member with the Armed Forces to a foreign country under 
a call or order to active duty under a provision of law 
referred to in section 101(a)(13)(B) of title 10, United States 
Code.’’; and 
(ii) by striking paragraph (15) and redesignating 
paragraphs (16) through (19) as paragraphs (15) 
through (18), respectively. 
(B) LEAVE.—Section 102 of the Family and Medical 
Leave Act of 1993 (29 U.S.C. 2612) is amended— 
(i) in subsection (a)(1)(E)— 
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123 STAT. 2310 
PUBLIC LAW 111–84—OCT. 28, 2009 
(I) by striking ‘‘active duty’’ each place it 
appears and inserting ‘‘covered active duty’’; and 
(II) by striking ‘‘in support of a contingency 
operation’’; and 
(ii) in subsection (e)(3)— 
(I) in the paragraph heading, by striking 
‘‘ACTIVE
DUTY’’ and inserting ‘‘COVERED
ACTIVE 
DUTY’’; 
(II) by striking ‘‘active duty’’ each place it 
appears and inserting ‘‘covered active duty’’; and 
(III) by striking ‘‘in support of a contingency 
operation’’. 
(C) CONFORMING AMENDMENT.—Section 103(f) of the 
Family and Medical Leave Act of 1993 (29 U.S.C. 2613(f)) 
is amended, in the subsection heading, by striking ‘‘ACTIVE 
DUTY’’ each place it appears and inserting ‘‘COVERED 
ACTIVE DUTY’’. 
(2) DEFINITION OF COVERED SERVICEMEMBER.—Paragraph 
(15) of section 101 of the Family and Medical Leave Act of 
1993 (29 U.S.C. 2611) (as redesignated by paragraph (1)(A)(ii)) 
is amended to read as follows: 
‘‘(15) COVERED SERVICEMEMBER.—The term ‘covered serv-
icemember’ means— 
‘‘(A) a member of the Armed Forces (including a 
member of the National Guard or Reserves) who is under-
going medical treatment, recuperation, or therapy, is other-
wise in outpatient status, or is otherwise on the temporary 
disability retired list, for a serious injury or illness; or 
‘‘(B) a veteran who is undergoing medical treatment, 
recuperation, or therapy, for a serious injury or illness 
and who was a member of the Armed Forces (including 
a member of the National Guard or Reserves) at any time 
during the period of 5 years preceding the date on which 
the veteran undergoes that medical treatment, recuper-
ation, or therapy.’’. 
(3) DEFINITIONS OF SERIOUS INJURY OR ILLNESS; VETERAN.— 
Section 101 of the Family and Medical Leave Act of 1993 
(29 U.S.C. 2611) is further amended by striking paragraph 
(18) (as redesignated by paragraph (1)(A)(ii)) and inserting 
the following: 
‘‘(18) SERIOUS INJURY OR ILLNESS.—The term ‘serious injury 
or illness’— 
‘‘(A) in the case of a member of the Armed Forces 
(including a member of the National Guard or Reserves), 
means an injury or illness that was incurred by the member 
in line of duty on active duty in the Armed Forces (or 
existed before the beginning of the member’s active duty 
and was aggravated by service in line of duty on active 
duty in the Armed Forces) and that may render the member 
medically unfit to perform the duties of the member’s office, 
grade, rank, or rating; and 
‘‘(B) in the case of a veteran who was a member of 
the Armed Forces (including a member of the National 
Guard or Reserves) at any time during a period described 
in paragraph (15)(B), means a qualifying (as defined by 
the Secretary of Labor) injury or illness that was incurred 
by the member in line of duty on active duty in the Armed 
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123 STAT. 2311 
PUBLIC LAW 111–84—OCT. 28, 2009 
Forces (or existed before the beginning of the member’s 
active duty and was aggravated by service in line of duty 
on active duty in the Armed Forces) and that manifested 
itself before or after the member became a veteran. 
‘‘(19) VETERAN.—The term ‘veteran’ has the meaning given 
the term in section 101 of title 38, United States Code.’’. 
(4) TECHNICAL
AMENDMENT.—Section 102(e)(2)(A) of the 
Family and Medical Leave Act of 1993 (29 U.S.C. 2612(e)(2)(A)) 
is amended by striking ‘‘or parent’’ and inserting ‘‘parent, or 
covered servicemember’’. 
(5) REGULATIONS.—In prescribing regulations to carry out 
the amendments made by this subsection, the Secretary of 
Labor shall consult with the Secretary of Defense and the 
Secretary of Veterans Affairs, as applicable. 
(b) LEAVE FOR CIVIL SERVICE EMPLOYEES.— 
(1) EXIGENCY
LEAVE
FOR
SERVICEMEMBERS
ON
COVERED 
ACTIVE DUTY.— 
(A) DEFINITION.—Section 6381(7) of title 5, United 
States Code, is amended to read as follows: 
‘‘(7) the term ‘covered active duty’ means— 
‘‘(A) in the case of a member of a regular component 
of the Armed Forces, duty during the deployment of the 
member with the Armed Forces to a foreign country; and 
‘‘(B) in the case of a member of a reserve component 
of the Armed Forces, duty during the deployment of the 
member with the Armed Forces to a foreign country under 
a call or order to active duty under a provision of law 
referred to in section 101(a)(13)(B) of title 10, United States 
Code;’’. 
(B) LEAVE.—Section 6382 of title 5, United States Code, 
is amended— 
(i) in subsection (a)(1), by adding at the end the 
following: 
‘‘(E) Because of any qualifying exigency arising out of the 
fact that the spouse, or a son, daughter, or parent of the 
employee is on covered active duty (or has been notified of 
an impending call or order to covered active duty) in the Armed 
Forces.’’; 
(ii) in subsection (b)(1), by inserting after the 
second sentence the following: ‘‘Subject to subsection 
(e)(3) and section 6383(f), leave under subsection 
(a)(1)(E) may be taken intermittently or on a reduced 
leave schedule.’’; 
(iii) in subsection (d), by striking ‘‘or (D)’’ and 
inserting ‘‘(D), or (E)’’; and 
(iv) in subsection (e), by adding at the end the 
following: 
‘‘(3) In any case in which the necessity for leave under sub-
section (a)(1)(E) is foreseeable, whether because the spouse, or 
a son, daughter, or parent, of the employee is on covered active 
duty, or because of notification of an impending call or order to 
covered active duty, the employee shall provide such notice to 
the employer as is reasonable and practicable.’’. 
(C) CERTIFICATION.—Section 6383(f) of title 5, United 
States Code, is amended by striking ‘‘section 6382(a)(3)’’ 
and inserting ‘‘paragraph (1)(E) or (3) of section 6382(a)’’. 
29 USC 2611 
note. 
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123 STAT. 2312 
PUBLIC LAW 111–84—OCT. 28, 2009 
(2) DEFINITION OF COVERED SERVICEMEMBER.—Paragraph 
(8) of section 6381 of title 5, United States Code, is amended 
to read as follows: 
‘‘(8) the term ‘covered servicemember’ means— 
‘‘(A) a member of the Armed Forces (including a 
member of the National Guard or Reserves) who is under-
going medical treatment, recuperation, or therapy, is other-
wise in outpatient status, or is otherwise on the temporary 
disability retired list, for a serious injury or illness; or 
‘‘(B) a veteran who is undergoing medical treatment, 
recuperation, or therapy, for a serious injury or illness 
and who was a member of the Armed Forces (including 
a member of the National Guard or Reserves) at any time 
during the period of 5 years preceding the date on which 
the veteran undergoes that medical treatment, recuper-
ation, or therapy;’’. 
(3) DEFINITIONS OF SERIOUS INJURY OR ILLNESS; VETERAN.— 
Section 6381 of title 5, United States Code, is further 
amended— 
(A) in paragraph (10), by striking ‘‘and’’ at the end; 
and 
(B) by striking paragraph (11) and inserting the fol-
lowing: 
‘‘(11) the term ‘serious injury or illness’— 
‘‘(A) in the case of a member of the Armed Forces 
(including a member of the National Guard or Reserves), 
means an injury or illness that was incurred by the member 
in line of duty on active duty in the Armed Forces (or 
existed before the beginning of the member’s active duty 
and was aggravated by service in line of duty on active 
duty in the Armed Forces) and that may render the member 
medically unfit to perform the duties of the member’s office, 
grade, rank, or rating; and 
‘‘(B) in the case of a veteran who was a member of 
the Armed Forces (including a member of the National 
Guard or Reserves) at any time during a period described 
in paragraph (8)(B), means an injury or illness that was 
incurred by the member in line of duty on active duty 
in the Armed Forces (or existed before the beginning of 
the member’s active duty and was aggravated by service 
in line of duty on active duty in the Armed Forces) and 
that manifested itself before or after the member became 
a veteran; and 
‘‘(12) the term ‘veteran’ has the meaning given the term 
in section 101 of title 38, United States Code.’’. 
(4) TECHNICAL AMENDMENT.—Section 6382(e)(2)(A) of title 
5, United States Code, is amended by striking ‘‘or parent’’ 
and inserting ‘‘parent, or covered servicemember’’. 
(5) REGULATIONS.—In prescribing regulations to carry out 
the amendments made by this subsection, the Office of Per-
sonnel Management shall consult with the Secretary of Defense 
and the Secretary of Veterans Affairs, as applicable. 
5 USC 6381 note. 
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123 STAT. 2313 
PUBLIC LAW 111–84—OCT. 28, 2009 
SEC. 566. DEADLINE FOR REPORT ON SEXUAL ASSAULT IN THE ARMED 
FORCES BY DEFENSE TASK FORCE ON SEXUAL ASSAULT 
IN THE MILITARY SERVICES. 
Section 576(e)(1) of the Ronald W. Reagan National Defense 
Authorization Act for Fiscal Year 2005 (Public Law 108–375; 118 
Stat. 1924; 10 U.S.C. 4331 note) is amended by striking ‘‘one year 
after the initiation of its examination under subsection (b)’’ and 
inserting ‘‘December 1, 2009’’. 
SEC. 567. IMPROVED PREVENTION AND RESPONSE TO ALLEGATIONS 
OF SEXUAL ASSAULT INVOLVING MEMBERS OF THE 
ARMED FORCES. 
(a) PREVENTION AND RESPONSE PLAN.—Not later than 180 days 
after the date of the enactment of this Act, the Secretary of Defense 
shall submit to the Committees on Armed Services of the Senate 
and the House of Representatives a revised plan for the implementa-
tion of policies aimed at preventing and responding effectively to 
sexual assaults involving members of the Armed Forces. The revised 
implementation plan shall include, at a minimum, the following 
elements: 
(1) New initiatives aimed at reducing the number of sexual 
assaults, including timelines for implementation of such initia-
tives. 
(2) Requirements for monitoring and reporting on progress 
in implementation of such initiatives and methods to measure 
the effectiveness of plans that implement the policies of the 
Department of Defense regarding sexual assaults involving 
members of the Armed Forces. 
(3) Training programs for judge advocates, criminal inves-
tigators, commanders, prospective commanding officers, senior 
enlisted members, and personnel with less than six months 
of active-duty service. 
(4) Information about the status of implementation, funding 
requirements and budgetary implications, and overall utility 
of data reporting systems on incidents of sexual assault 
involving members of the Armed Forces. 
(5) Actions taken to implement recommendations of the 
Defense Task Force on Sexual Assault in the Military Services 
established pursuant to section 576 of the Ronald W. Reagan 
National Defense Authorization Act for Fiscal Year 2005 (Public 
Law 108–375; 10 U.S.C. 4331 note). 
(6) Information about the funding needed to fully imple-
ment initiatives aimed at preventing and responding to sexual 
assault involving members of the Armed Forces. 
(b) SEXUAL ASSAULT MEDICAL FORENSIC EXAMINATIONS.— 
(1) CAPABILITY TO CONDUCT TIMELY SEXUAL ASSAULT MED-
ICAL FORENSIC EXAMINATIONS IN COMBAT ZONES.—Not later than 
180 days after the date of the enactment of this Act, the 
Secretary of Defense shall submit to the Committees on Armed 
Services of the Senate and the House of Representatives a 
report evaluating the protocols and capabilities of the Armed 
Forces to conduct timely and effective sexual assault medical 
forensic examinations in combat zones. The report shall include, 
at a minimum, the following: 
(A) The current availability of sexual assault medical 
forensic examination protocols, trained personnel, and req-
uisite equipment in combat zones. 
Deadline. 
Reports. 
Deadline. 
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123 STAT. 2314 
PUBLIC LAW 111–84—OCT. 28, 2009 
(B) An assessment of the barriers to providing timely 
sexual assault medical forensic examinations to victims 
of sexual assault at all echelons of care in combat zones. 
(C) Recommendations regarding improved capability 
to conduct timely and effective sexual assault medical 
forensic examinations in combat zones. 
(2) TRICARE COVERAGE FOR FORENSIC MEDICAL EXAMINA-
TIONS FOLLOWING SEXUAL ASSAULTS.—Not later than 30 days 
after the date of the enactment of this Act, the Secretary 
of Defense shall submit to the Committees on Armed Services 
of the Senate and the House of Representatives a report 
describing 
the 
progress 
made 
in 
implementing 
section 
1079(a)(17) of title 10, United States Code, as added by section 
701 of the John Warner National Defense Authorization Act 
for Fiscal Year 2007 (Public Law 109–364; 120 Stat. 2279). 
(c) MILITARY PROTECTIVE ORDERS.— 
(1) REQUIREMENT FOR DATA COLLECTION.— 
(A) IN GENERAL.—Pursuant to regulations prescribed 
by the Secretary of Defense, information shall be collected 
on— 
(i) whether a military protective order was issued 
that involved either the victim or alleged perpetrator 
of a sexual assault; and 
(ii) whether military protective orders involving 
members of the Armed Forces were violated in the 
course of substantiated incidents of sexual assaults 
against members of the Armed Forces. 
(B) SUBMISSION OF DATA.—The data required to be 
collected under this subsection shall be included in the 
annual report submitted to Congress on sexual assaults 
involving members of the Armed Forces. 
(2) INFORMATION TO MEMBERS.—Not later than 180 days 
after the date of the enactment of this Act, the Secretary 
of Defense shall submit to the Committees on Armed Services 
of the Senate and the House of Representatives a report 
explaining the measures being taken to ensure that, when 
a military protective order has been issued, the member of 
the Armed Forces who is protected by the order is informed, 
in a timely manner, of the member’s option to request transfer 
from the command to which the member is assigned. 
(d) COMPTROLLER GENERAL REPORT.— 
(1) REPORT REQUIRED.—Not later than one year after the 
date of the enactment of this Act, the Comptroller General 
shall submit to the Committees on Armed Services of the Senate 
and the House of Representatives a report containing a review 
of the capability of each of the Armed Forces to timely and 
effectively investigate and adjudicate allegations of sexual 
assault against members of the Armed Forces. The Comptroller 
General shall determine whether existing policies and 
implementation plans of the Department of Defense, and the 
resources devoted for this purpose, are adequate or negatively 
affect the ability of each of the Armed Forces to facilitate 
the prevention, investigation, and adjudication of such allega-
tions under the Uniform Code of Military Justice. 
(2) ELEMENTS OF REPORT.—The report required by para-
graph (1) shall refer to and incorporate the recommendations 
of the Defense Task Force on Sexual Assault in the Military 
Deadline. 
Reports. 
10 USC 113 note. 
Deadline. 
Reports. 
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123 STAT. 2315 
PUBLIC LAW 111–84—OCT. 28, 2009 
Services regarding investigation and adjudication of sexual 
assault, and include a review of the following: 
(A) The procedures required by each of the Armed 
Forces for responding to allegations of sexual assault 
(including guidance to commanding officers, standard oper-
ating and reporting procedures, and related matters), and 
the personnel (including judge advocates) and budgetary 
resources available to each of the Armed Forces to respond 
to allegations of sexual assault. 
(B) The scope and effectiveness of personnel training 
methods regarding investigation and adjudication of sexual 
assault cases. 
(C) The capability to investigate and adjudicate sexual 
assault cases in combat zones. 
(D) An assessment whether the existing policies of 
the Department of Defense aimed at preventing and 
responding to incidents of sexual assault are adequate. 
SEC. 568. COMPTROLLER GENERAL REPORT ON PROGRESS MADE IN 
IMPLEMENTING 
RECOMMENDATIONS 
TO 
REDUCE 
DOMESTIC VIOLENCE IN MILITARY FAMILIES. 
(a) ASSESSMENT.—The Comptroller General shall review and 
assess the progress made by the Department of Defense in imple-
menting the recommendations contained in the report by the Comp-
troller General entitled ‘‘Military Personnel: Progress Made in 
Implementing Recommendations to reduce Domestic Violence, but 
Further Management Action Needed’’ (GAO–06–540). 
(b) REPORT.—Not later than 180 days after the date of the 
enactment of this Act, the Comptroller General shall submit to 
the congressional defense committees a report containing the results 
of the review and assessment under subsection (a). 
SEC. 569. REPORT ON IMPACT OF DOMESTIC VIOLENCE ON MILITARY 
FAMILIES. 
Not later than one year after the date of the enactment of 
this Act, the Secretary of Defense shall submit to Congress a 
report containing— 
(1) an assessment of the impact of domestic violence in 
families of members of the Armed Forces on the children of 
such families; and 
(2) information on progress being made to ensure that 
children of families of members of the Armed Forces receive 
adequate care and services when such children are exposed 
to domestic violence. 
SEC. 570. REPORT ON INTERNATIONAL INTRAFAMILIAL ABDUCTION 
OF CHILDREN OF MEMBERS OF THE ARMED FORCES. 
(a) REPORT REQUIRED.—Not later than 180 days after the date 
of the enactment of this Act, the Secretary of Defense shall, in 
consultation with the Secretary of State and the Secretaries of 
the military departments, submit to the Committees on Armed 
Services of the Senate and the House of Representatives a report 
on the total number of children abducted from and returned to 
members of the Armed Forces in international intrafamilial abduc-
tions during the years 2007 through 2009, as such number was 
included in the numbers and elements of the annual Report on 
Compliance with the Hague Convention on the Civil Aspects of 
International Child Abduction with respect to such years. 
Review. 
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123 STAT. 2316 
PUBLIC LAW 111–84—OCT. 28, 2009 
(b) ELEMENTS.—The report shall include an assessment of the 
following: 
(1) The current availability of, and the additional need 
for, assistance (including general information, psychological 
counseling, financial assistance, leave for travel, and legal serv-
ices) provided by the military departments to left-behind mem-
bers of the Armed Forces involved in international intrafamilial 
child abductions for the purpose of obtaining the return of 
their abducted children and ensuring the military readiness 
of such members of the Armed Forces. 
(2) The measures taken by the Department of Defense 
and the military departments, including any written policy 
guidelines, to prevent the abduction of children of members 
of the Armed Forces. 
(3) The means by which members of the Armed Forces 
are educated on the risks of international intrafamilial child 
abduction, particularly when they first arrive at a military 
installation overseas or when the Armed Forces receive notice 
that a member is considering marriage or divorce overseas. 
SEC. 571. ASSESSMENT OF IMPACT OF DEPLOYMENT OF MEMBERS 
OF THE ARMED FORCES ON THEIR DEPENDENT CHILDREN. 
(a) ASSESSMENT REQUIRED.— 
(1) IN GENERAL.—The Secretary of Defense shall undertake 
a comprehensive assessment of the impacts of military deploy-
ment on the dependent children of deployed members of the 
Armed Forces. 
(2) CONSIDERATION
OF
SEPARATE
CATEGORIES
OF
CHIL-
DREN.—In conducting the assessment under paragraph (1), the 
Secretary shall separately address each of the following cat-
egories of dependent children of deployed members: 
(A) Preschool-age children. 
(B) Elementary-school age children. 
(C) Teenage or adolescent children. 
(3) CONSIDERATION
OF
SEPARATE
CATEGORIES
OF
MEM-
BERS.—In conducting the assessment under paragraph (1), the 
Secretary shall separately address children of deployed mem-
bers in the following circumstances: 
(A) Two-parent families with only one parent in the 
Armed Forces. 
(B) Members who are single parents. 
(C) Parents who are both members and subject to 
dual deployments. 
(b) ELEMENTS.—The assessment undertaken under subsection 
(a) shall specifically address the following: 
(1) The impact that separation due to the deployment of 
a military parent or parents has on children. 
(2) The impact that multiple deployments of a military 
parent or parents have on children. 
(3) The impact that the return from deployment of a 
severely wounded or injured military parent or parents has 
on children. 
(4) The impact that the death of a military parent or 
parents in connection with a deployment has on children. 
(5) The impact that deployment of a military parent or 
parents has on children with preexisting psychological condi-
tions, such as anxiety and depression. 
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123 STAT. 2317 
PUBLIC LAW 111–84—OCT. 28, 2009 
(6) The impact that deployment of a military parent or 
parents has on risk factors, such as child abuse, child neglect, 
family violence, substance abuse by children, or parental sub-
stance abuse. 
(7) Such other matters as the Secretary considers appro-
priate. 
(c) REPORT.—Not later than one year after the date of the 
enactment of this Act, the Secretary shall submit to the Committees 
on Armed Services of the Senate and the House of Representatives 
a report containing the results of the assessment undertaken under 
subsection (a), including the findings and recommendations of the 
Secretary as a result of the assessment. 
SEC. 572. REPORT ON CHILD CUSTODY LITIGATION INVOLVING 
SERVICE OF MEMBERS OF THE ARMED FORCES. 
(a) REPORT REQUIRED.—Not later than March 31, 2010, the 
Secretary of Defense shall submit to the Committees on Armed 
Services of the Senate and the House of Representatives a report 
on all known reported cases since September 2003 involving child 
custody disputes in which the service of a member of the Armed 
Forces, whether a member of a regular component of the Armed 
Forces or a member of a reserve component of the Armed Forces, 
was an issue in the custody dispute. 
(b) ELEMENTS.—The report required by subsection (a) shall 
include the following: 
(1) A statement of the total number of cases, by Armed 
Force, in which members of the Armed Forces have lost custody 
of a child as a result of deployment, or the prospect of deploy-
ment, under military orders. 
(2) A summary of applicable Federal law pertaining to 
child custody disputes involving members of the Armed Forces. 
(3) An analysis of the litigation history of all available 
reported cases involving child custody disputes in which the 
deployment of a member of the Armed Forces was an issue 
in the dispute, and a discussion of the rationale presented 
by deciding judges and courts of the reasons for their rulings. 
(4) An assessment of the nature and extent of the problem, 
if any, for members of the Armed Forces who are custodial 
parents in being able to deploy and perform their operational 
mission while continuing to fulfill their role as parents with 
sole or joint custody of minor children. 
(5) A discussion of measures being taken by the States, 
or which are under consideration by State legislatures, to 
address matters relating to child custody disputes in which 
one of the parties is a member of the Armed Forces, and 
an assessment of whether State legislatures and State courts 
are cognizant of issues involving members of the Armed Forces 
with minor children. 
(6) A discussion of Family Care Plan policies aimed at 
ensuring that appropriate measures are taken by members 
of the Armed Forces to avoid litigation in child custody disputes. 
(7) Such recommendations as the Secretary considers 
appropriate regarding how best to assist members of the Armed 
Forces who are single, custodial parents with respect to child 
custody disputes in connection with the performance of military 
duties, including the need for legislative or administrative 
action to provide such assistance. 
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123 STAT. 2318 
PUBLIC LAW 111–84—OCT. 28, 2009 
(8) Such other recommendations for legislative or adminis-
trative action as the Secretary considers appropriate. 
SEC. 573. COMPTROLLER GENERAL REPORT ON CHILD CARE ASSIST-
ANCE FOR MEMBERS OF THE ARMED FORCES. 
(a) IN GENERAL.—Not later than 18 months after the date 
of the enactment of this Act, the Comptroller General of the United 
States shall submit to the Committees on Armed Services of the 
Senate and the House of Representatives a report on financial 
assistance for child care provided by the Department of Defense 
to members of the Armed Forces (including members of the reserve 
components of the Armed Forces who are deployed in connection 
with a contingency operation). 
(b) ELEMENTS.—The report required by subsection (a) shall 
include an assessment of the following: 
(1) The types of financial assistance for child care made 
available by the Department of Defense to members of the 
Armed Forces (including members of the reserve components 
of the Armed Forces who are deployed in connection with 
a contingency operation). 
(2) The extent to which such members have taken advan-
tage of such assistance since such assistance was first made 
available. 
(3) The formulas used for calculating the amount of such 
assistance provided to such members. 
(4) The funding allocated to such assistance. 
(5) The remaining costs of child care to families of such 
members that are not covered by the Department of Defense. 
(6) Any barriers to access to such assistance faced by such 
members and the families of such members. 
(7) The different criteria used by different States with 
respect to the regulation of child care services and the potential 
impact differences in such criteria may have on the access 
of such members to such assistance. 
(8) The different standards and criteria used by different 
programs of the Department of Defense for providing such 
assistance with respect to child care providers and the potential 
impact differences in such standards and criteria may have 
on the access of such members to such assistance. 
(9) The number of qualified families that do not receive 
any financial assistance for child care made available by the 
Department of Defense. 
(10) Any other matters the Comptroller General determines 
relevant to the improvement of financial assistance to expand 
access for child care made available by the Department of 
Defense to members of the Armed Forces (including members 
of the reserve components of the Armed Forces who are 
deployed in connection with a contingency operation). 
Subtitle H—Military Voting 
SEC. 575. SHORT TITLE. 
This subtitle may be cited as the ‘‘Military and Overseas Voter 
Empowerment Act’’. 
42 USC 1971 
note. 
Military and 
Overseas Voter 
Empowerment 
Act. 
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123 STAT. 2319 
PUBLIC LAW 111–84—OCT. 28, 2009 
SEC. 
576. 
CLARIFICATION 
REGARDING 
DELEGATION 
OF 
STATE 
RESPONSIBILITIES TO LOCAL JURISDICTIONS. 
Nothing in the Uniformed and Overseas Citizens Absentee 
Voting Act (42 U.S.C. 1973ff et seq.) may be construed to prohibit 
a State from delegating its responsibilities in carrying out the 
requirements of such Act, including any requirements imposed as 
a result of the provisions of and amendments made by this Act, 
to jurisdictions in the State. 
SEC. 577. ESTABLISHMENT OF PROCEDURES FOR ABSENT UNIFORMED 
SERVICES VOTERS AND OVERSEAS VOTERS TO REQUEST 
AND 
FOR 
STATES 
TO 
SEND 
VOTER 
REGISTRATION 
APPLICATIONS AND ABSENTEE BALLOT APPLICATIONS BY 
MAIL AND ELECTRONICALLY. 
(a) IN GENERAL.—Section 102 of the Uniformed and Overseas 
Citizens Absentee Voting Act (42 U.S.C. 1973ff–1) is amended— 
(1) in subsection (a)— 
(A) in paragraph (4), by striking ‘‘and’’ at the end; 
(B) in paragraph (5), by striking the period at the 
end and inserting ‘‘; and’’; and 
(C) by adding at the end the following new paragraph: 
‘‘(6) in addition to any other method of registering to vote 
or applying for an absentee ballot in the State, establish proce-
dures— 
‘‘(A) for absent uniformed services voters and overseas 
voters to request by mail and electronically voter registra-
tion applications and absentee ballot applications with 
respect to general, special, primary, and runoff elections 
for Federal office in accordance with subsection (e); 
‘‘(B) for States to send by mail and electronically (in 
accordance with the preferred method of transmission des-
ignated by the absent uniformed services voter or overseas 
voter under subparagraph (C)) voter registration applica-
tions and absentee ballot applications requested under 
subparagraph (A) in accordance with subsection (e); and 
‘‘(C) by which the absent uniformed services voter or 
overseas voter can designate whether the voter prefers 
that such voter registration application or absentee ballot 
application be transmitted by mail or electronically.’’; and 
(2) by adding at the end the following new subsection: 
‘‘(e) DESIGNATION OF MEANS OF ELECTRONIC COMMUNICATION 
FOR ABSENT UNIFORMED SERVICES VOTERS AND OVERSEAS VOTERS 
TO REQUEST
AND
FOR STATES TO SEND VOTER REGISTRATION 
APPLICATIONS
AND
ABSENTEE
BALLOT
APPLICATIONS, AND
FOR 
OTHER PURPOSES RELATED TO VOTING INFORMATION.— 
‘‘(1) IN
GENERAL.—Each State shall, in addition to the 
designation of a single State office under subsection (b), des-
ignate not less than 1 means of electronic communication— 
‘‘(A) for use by absent uniformed services voters and 
overseas voters who wish to register to vote or vote in 
any jurisdiction in the State to request voter registration 
applications and absentee ballot applications under sub-
section (a)(6); 
‘‘(B) for use by States to send voter registration applica-
tions and absentee ballot applications requested under such 
subsection; and 
42 USC 1973ff–1 
note. 
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123 STAT. 2320 
PUBLIC LAW 111–84—OCT. 28, 2009 
‘‘(C) for the purpose of providing related voting, bal-
loting, and election information to absent uniformed serv-
ices voters and overseas voters. 
‘‘(2) CLARIFICATION
REGARDING
PROVISION
OF
MULTIPLE 
MEANS OF ELECTRONIC COMMUNICATION.—A State may, in addi-
tion to the means of electronic communication so designated, 
provide multiple means of electronic communication to absent 
uniformed services voters and overseas voters, including a 
means of electronic communication for the appropriate jurisdic-
tion of the State. 
‘‘(3) INCLUSION
OF
DESIGNATED
MEANS
OF
ELECTRONIC 
COMMUNICATION
WITH
INFORMATIONAL
AND
INSTRUCTIONAL 
MATERIALS
THAT
ACCOMPANY
BALLOTING
MATERIALS.—Each 
State shall include a means of electronic communication so 
designated with all informational and instructional materials 
that accompany balloting materials sent by the State to absent 
uniformed services voters and overseas voters. 
‘‘(4) AVAILABILITY AND MAINTENANCE OF ONLINE REPOSITORY 
OF STATE CONTACT INFORMATION.—The Federal Voting Assist-
ance Program of the Department of Defense shall maintain 
and make available to the public an online repository of State 
contact information with respect to elections for Federal office, 
including the single State office designated under subsection 
(b) and the means of electronic communication designated under 
paragraph (1), to be used by absent uniformed services voters 
and overseas voters as a resource to send voter registration 
applications and absentee ballot applications to the appropriate 
jurisdiction in the State. 
‘‘(5) TRANSMISSION IF NO PREFERENCE INDICATED.—In the 
case where an absent uniformed services voter or overseas 
voter does not designate a preference under subsection (a)(6)(C), 
the State shall transmit the voter registration application or 
absentee ballot application by any delivery method allowable 
in accordance with applicable State law, or if there is no 
applicable State law, by mail. 
‘‘(6) SECURITY AND PRIVACY PROTECTIONS.— 
‘‘(A) SECURITY
PROTECTIONS.—To the extent prac-
ticable, States shall ensure that the procedures established 
under subsection (a)(6) protect the security and integrity 
of the voter registration and absentee ballot application 
request processes. 
‘‘(B) PRIVACY PROTECTIONS.—To the extent practicable, 
the procedures established under subsection (a)(6) shall 
ensure that the privacy of the identity and other personal 
data of an absent uniformed services voter or overseas 
voter who requests or is sent a voter registration applica-
tion or absentee ballot application under such subsection 
is protected throughout the process of making such request 
or being sent such application.’’. 
(b) EFFECTIVE DATE.—The amendments made by this section 
shall apply with respect to the regularly scheduled general election 
for Federal office held in November 2010 and each succeeding 
election for Federal office. 
42 USC 1973ff–1 
note. 
Public 
information. 
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123 STAT. 2321 
PUBLIC LAW 111–84—OCT. 28, 2009 
SEC. 
578. 
ESTABLISHMENT 
OF 
PROCEDURES 
FOR 
STATES 
TO 
TRANSMIT BLANK ABSENTEE BALLOTS BY MAIL AND ELEC-
TRONICALLY TO ABSENT UNIFORMED SERVICES VOTERS 
AND OVERSEAS VOTERS. 
(a) IN GENERAL.—Section 102 of the Uniformed and Overseas 
Citizens Absentee Voting Act (42 U.S.C. 1973ff–1), as amended 
by section 577, is amended— 
(1) in subsection (a)— 
(A) in paragraph (5), by striking ‘‘and’’ at the end; 
(B) in paragraph (6), by striking the period at the 
end and inserting ‘‘; and’’; and 
(C) by adding at the end the following new paragraph: 
‘‘(7) in addition to any other method of transmitting blank 
absentee ballots in the State, establish procedures for transmit-
ting by mail and electronically blank absentee ballots to absent 
uniformed services voters and overseas voters with respect 
to general, special, primary, and runoff elections for Federal 
office in accordance with subsection (f).’’; and 
(2) by adding at the end the following new subsection: 
‘‘(f) TRANSMISSION OF BLANK ABSENTEE BALLOTS BY MAIL AND 
ELECTRONICALLY.— 
‘‘(1) IN GENERAL.—Each State shall establish procedures— 
‘‘(A) to transmit blank absentee ballots by mail and 
electronically (in accordance with the preferred method 
of transmission designated by the absent uniformed serv-
ices voter or overseas voter under subparagraph (B)) to 
absent uniformed services voters and overseas voters for 
an election for Federal office; and 
‘‘(B) by which the absent uniformed services voter or 
overseas voter can designate whether the voter prefers 
that such blank absentee ballot be transmitted by mail 
or electronically. 
‘‘(2) TRANSMISSION IF NO PREFERENCE INDICATED.—In the 
case where an absent uniformed services voter or overseas 
voter does not designate a preference under paragraph (1)(B), 
the State shall transmit the ballot by any delivery method 
allowable in accordance with applicable State law, or if there 
is no applicable State law, by mail. 
‘‘(3) SECURITY AND PRIVACY PROTECTIONS.— 
‘‘(A) SECURITY
PROTECTIONS.—To the extent prac-
ticable, States shall ensure that the procedures established 
under subsection (a)(7) protect the security and integrity 
of absentee ballots. 
‘‘(B) PRIVACY PROTECTIONS.—To the extent practicable, 
the procedures established under subsection (a)(7) shall 
ensure that the privacy of the identity and other personal 
data of an absent uniformed services voter or overseas 
voter to whom a blank absentee ballot is transmitted under 
such subsection is protected throughout the process of such 
transmission.’’. 
(b) EFFECTIVE DATE.—The amendments made by this section 
shall apply with respect to the regularly scheduled general election 
for Federal office held in November 2010 and each succeeding 
election for Federal office. 
42 USC 1973ff–1 
note. 
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123 STAT. 2322 
PUBLIC LAW 111–84—OCT. 28, 2009 
SEC. 579. ENSURING ABSENT UNIFORMED SERVICES VOTERS AND 
OVERSEAS VOTERS HAVE TIME TO VOTE. 
(a) IN GENERAL.—Section 102 of the Uniformed and Overseas 
Citizens Absentee Voting Act (42 U.S.C. 1973ff–1(a)(1)), as amended 
by sections 577 and 578, is amended— 
(1) in subsection (a)— 
(A) in paragraph (6), by striking ‘‘and’’ at the end; 
(B) in paragraph (7), by striking the period at the 
end and inserting a semicolon; and 
(C) by adding at the end the following new paragraph: 
‘‘(8) transmit a validly requested absentee ballot to an 
absent uniformed services voter or overseas voter— 
‘‘(A) except as provided in subsection (g), in the case 
in which the request is received at least 45 days before 
an election for Federal office, not later than 45 days before 
the election; and 
‘‘(B) in the case in which the request is received less 
than 45 days before an election for Federal office— 
‘‘(i) in accordance with State law; and 
‘‘(ii) if practicable and as determined appropriate 
by the State, in a manner that expedites the trans-
mission of such absentee ballot.’’; 
(2) by adding at the end the following new subsection: 
‘‘(g) HARDSHIP EXEMPTION.— 
‘‘(1) IN GENERAL.—If the chief State election official deter-
mines that the State is unable to meet the requirement under 
subsection (a)(8)(A) with respect to an election for Federal 
office due to an undue hardship described in paragraph (2)(B), 
the chief State election official shall request that the Presi-
dential designee grant a waiver to the State of the application 
of such subsection. Such request shall include— 
‘‘(A) a recognition that the purpose of such subsection 
is to allow absent uniformed services voters and overseas 
voters enough time to vote in an election for Federal office; 
‘‘(B) an explanation of the hardship that indicates why 
the State is unable to transmit absent uniformed services 
voters and overseas voters an absentee ballot in accordance 
with such subsection; 
‘‘(C) the number of days prior to the election for Federal 
office that the State requires absentee ballots be trans-
mitted to absent uniformed services voters and overseas 
voters; and 
‘‘(D) a comprehensive plan to ensure that absent uni-
formed services voters and overseas voters are able to 
receive absentee ballots which they have requested and 
submit marked absentee ballots to the appropriate State 
election official in time to have that ballot counted in 
the election for Federal office, which includes— 
‘‘(i) the steps the State will undertake to ensure 
that absent uniformed services voters and overseas 
voters have time to receive, mark, and submit their 
ballots in time to have those ballots counted in the 
election; 
‘‘(ii) why the plan provides absent uniformed serv-
ices voters and overseas voters sufficient time to vote 
as a substitute for the requirements under such sub-
section; and 
Waiver authority. 
Deadlines. 
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123 STAT. 2323 
PUBLIC LAW 111–84—OCT. 28, 2009 
‘‘(iii) the underlying factual information which 
explains how the plan provides such sufficient time 
to vote as a substitute for such requirements. 
‘‘(2) APPROVAL OF WAIVER REQUEST.—After consulting with 
the Attorney General, the Presidential designee shall approve 
a waiver request under paragraph (1) if the Presidential des-
ignee determines each of the following requirements are met: 
‘‘(A) The comprehensive plan under subparagraph (D) 
of such paragraph provides absent uniformed services 
voters and overseas voters sufficient time to receive 
absentee ballots they have requested and submit marked 
absentee ballots to the appropriate State election official 
in time to have that ballot counted in the election for 
Federal office. 
‘‘(B) One or more of the following issues creates an 
undue hardship for the State: 
‘‘(i) The State’s primary election date prohibits the 
State from complying with subsection (a)(8)(A). 
‘‘(ii) The State has suffered a delay in generating 
ballots due to a legal contest. 
‘‘(iii) The State Constitution prohibits the State 
from complying with such subsection. 
‘‘(3) TIMING OF WAIVER.— 
‘‘(A) IN GENERAL.—Except as provided under subpara-
graph (B), a State that requests a waiver under paragraph 
(1) shall submit to the Presidential designee the written 
waiver request not later than 90 days before the election 
for Federal office with respect to which the request is 
submitted. The Presidential designee shall approve or deny 
the waiver request not later than 65 days before such 
election. 
‘‘(B) EXCEPTION.—If a State requests a waiver under 
paragraph (1) as the result of an undue hardship described 
in paragraph (2)(B)(ii), the State shall submit to the Presi-
dential designee the written waiver request as soon as 
practicable. The Presidential designee shall approve or 
deny the waiver request not later than 5 business days 
after the date on which the request is received. 
‘‘(4) APPLICATION OF WAIVER.—A waiver approved under 
paragraph (2) shall only apply with respect to the election 
for Federal office for which the request was submitted. For 
each subsequent election for Federal office, the Presidential 
designee shall only approve a waiver if the State has submitted 
a request under paragraph (1) with respect to such election.’’. 
(b) RUNOFF ELECTIONS.—Section 102(a) of the Uniformed and 
Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff–1(a)), 
as amended by subsection (a) and sections 577 and 578, is 
amended— 
(1) in paragraph (7), by striking ‘‘and’’ at the end; 
(2) in paragraph (8), by striking the period at the end 
and inserting ‘‘; and’’; and 
(3) by adding at the end the following new paragraph: 
‘‘(9) if the State declares or otherwise holds a runoff election 
for Federal office, establish a written plan that provides 
absentee ballots are made available to absent uniformed serv-
ices voters and overseas voters in manner that gives them 
sufficient time to vote in the runoff election.’’. 
Deadlines. 
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123 STAT. 2324 
PUBLIC LAW 111–84—OCT. 28, 2009 
(c) EFFECTIVE DATE.—The amendments made by this section 
shall apply with respect to the regularly scheduled general election 
for Federal office held in November 2010 and each succeeding 
election for Federal office. 
SEC. 580. PROCEDURES FOR COLLECTION AND DELIVERY OF MARKED 
ABSENTEE BALLOTS OF ABSENT OVERSEAS UNIFORMED 
SERVICES VOTERS. 
(a) IN
GENERAL.—The Uniformed and Overseas Citizens 
Absentee Voting Act (42 U.S.C. 1973ff et seq.) is amended by 
inserting after section 103 the following new section: 
‘‘SEC. 103A. PROCEDURES FOR COLLECTION AND DELIVERY OF 
MARKED ABSENTEE BALLOTS OF ABSENT OVERSEAS UNI-
FORMED SERVICES VOTERS. 
‘‘(a) ESTABLISHMENT OF PROCEDURES.—The Presidential des-
ignee shall establish procedures for collecting marked absentee 
ballots of absent overseas uniformed services voters in regularly 
scheduled general elections for Federal office, including absentee 
ballots prepared by States and the Federal write-in absentee ballot 
prescribed under section 103, and for delivering such marked 
absentee ballots to the appropriate election officials. 
‘‘(b) DELIVERY TO APPROPRIATE ELECTION OFFICIALS.— 
‘‘(1) IN GENERAL.—Under the procedures established under 
this section, the Presidential designee shall implement proce-
dures that facilitate the delivery of marked absentee ballots 
of absent overseas uniformed services voters for regularly sched-
uled general elections for Federal office to the appropriate 
election officials, in accordance with this section, not later than 
the date by which an absentee ballot must be received in 
order to be counted in the election. 
‘‘(2) COOPERATION
AND
COORDINATION
WITH
THE
UNITED 
STATES POSTAL SERVICE.—The Presidential designee shall carry 
out this section in cooperation and coordination with the United 
States Postal Service, and shall provide expedited mail delivery 
service for all such marked absentee ballots of absent uniformed 
services voters that are collected on or before the deadline 
described in paragraph (3) and then transferred to the United 
States Postal Service. 
‘‘(3) DEADLINE DESCRIBED.— 
‘‘(A) IN GENERAL.—Except as provided in subparagraph 
(B), the deadline described in this paragraph is noon (in 
the location in which the ballot is collected) on the seventh 
day preceding the date of the regularly scheduled general 
election for Federal office. 
‘‘(B) AUTHORITY TO ESTABLISH ALTERNATIVE DEADLINE 
FOR
CERTAIN
LOCATIONS.—If the Presidential designee 
determines that the deadline described in subparagraph 
(A) is not sufficient to ensure timely delivery of the ballot 
under paragraph (1) with respect to a particular location 
because of remoteness or other factors, the Presidential 
designee may establish as an alternative deadline for that 
location the latest date occurring prior to the deadline 
described in subparagraph (A) which is sufficient to provide 
timely delivery of the ballot under paragraph (1). 
‘‘(4) NO POSTAGE REQUIREMENT.—In accordance with section 
3406 of title 39, United States Code, such marked absentee 
42 USC 
1973ff–2a. 
42 USC 1973ff–1 
note. 
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123 STAT. 2325 
PUBLIC LAW 111–84—OCT. 28, 2009 
ballots and other balloting materials shall be carried free of 
postage. 
‘‘(5) DATE OF MAILING.—Such marked absentee ballots shall 
be postmarked with a record of the date on which the ballot 
is mailed. 
‘‘(c) OUTREACH FOR ABSENT OVERSEAS UNIFORMED SERVICES 
VOTERS
ON PROCEDURES.—The Presidential designee shall take 
appropriate actions to inform individuals who are anticipated to 
be absent overseas uniformed services voters in a regularly sched-
uled general election for Federal office to which this section applies 
of the procedures for the collection and delivery of marked absentee 
ballots established pursuant to this section, including the manner 
in which such voters may utilize such procedures for the submittal 
of marked absentee ballots pursuant to this section. 
‘‘(d) ABSENT OVERSEAS UNIFORMED SERVICES VOTER DEFINED.— 
In this section, the term ‘absent overseas uniformed services voter’ 
means an overseas voter described in section 107(5)(A). 
‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 
to be appropriated to the Presidential designee such sums as may 
be necessary to carry out this section.’’. 
(b) CONFORMING AMENDMENT.—Section 101(b) of such Act (42 
U.S.C. 1973ff(b)) is amended— 
(1) by striking ‘‘and’’ at the end of paragraph (6); 
(2) by striking the period at the end of paragraph (7) 
and inserting ‘‘; and’’; and 
(3) by adding at the end the following new paragraph: 
‘‘(8) carry out section 103A with respect to the collection 
and delivery of marked absentee ballots of absent overseas 
uniformed services voters in elections for Federal office.’’. 
(c) STATE RESPONSIBILITIES.—Section 102(a) of such Act (42 
U.S.C. 1973ff–1(a)), as amended by sections 577, 578, and 579, 
is amended— 
(1) in paragraph (8), by striking ‘‘and’’ at the end; 
(2) in paragraph (9), by striking the period at the end 
and inserting ‘‘; and’’; and 
(3) by adding the following new paragraph: 
‘‘(10) carry out section 103A(b)(1) with respect to the proc-
essing and acceptance of marked absentee ballots of absent 
overseas uniformed services voters.’’. 
(d) TRACKING MARKED BALLOTS.—Section 102 of such Act (42 
U.S.C. 1973ff–1(a)) is amended by adding at the end the following 
new subsection: 
‘‘(h) TRACKING MARKED BALLOTS.—The chief State election offi-
cial, in coordination with local election jurisdictions, shall develop 
a free access system by which an absent uniformed services voter 
or overseas voter may determine whether the absentee ballot of 
the absent uniformed services voter or overseas voter has been 
received by the appropriate State election official.’’. 
(e) PROTECTING VOTER PRIVACY AND SECRECY OF ABSENTEE 
BALLOTS.—Section 101(b) of the Uniformed and Overseas Citizens 
Absentee Voting Act (42 U.S.C. 1973ff(b)), as amended by subsection 
(b), is amended— 
(1) by striking ‘‘and’’ at the end of paragraph (7); 
(2) by striking the period at the end of paragraph (8) 
and inserting ‘‘; and’’; and 
(3) by adding at the end the following new paragraph: 
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123 STAT. 2326 
PUBLIC LAW 111–84—OCT. 28, 2009 
‘‘(9) to the greatest extent practicable, take such actions 
as may be necessary— 
‘‘(A) to ensure that absent uniformed services voters 
who cast absentee ballots at locations or facilities under 
the jurisdiction of the Presidential designee are able to 
do so in a private and independent manner; and 
‘‘(B) to protect the privacy of the contents of absentee 
ballots cast by absentee uniformed services voters and over-
seas voters while such ballots are in the possession or 
control of the Presidential designee.’’. 
(f) EFFECTIVE DATE.—The amendments made by this section 
shall apply with respect to the regularly scheduled general election 
for Federal office held in November 2010 and each succeeding 
election for Federal office. 
SEC. 581. FEDERAL WRITE-IN ABSENTEE BALLOT. 
(a) USE IN GENERAL, SPECIAL, PRIMARY, AND RUNOFF ELEC-
TIONS FOR FEDERAL OFFICE.— 
(1) IN GENERAL.—Section 103 of the Uniformed and Over-
seas Citizens Absentee Voting Act (42 U.S.C. 1973ff–2) is 
amended— 
(A) in subsection (a), by striking ‘‘general elections 
for Federal office’’ and inserting ‘‘general, special, primary, 
and runoff elections for Federal office’’; 
(B) in subsection (e), in the matter preceding paragraph 
(1), by striking ‘‘a general election’’ and inserting ‘‘a general, 
special, primary, or runoff election for Federal office’’; and 
(C) in subsection (f), by striking ‘‘the general election’’ 
each place it appears and inserting ‘‘the general, special, 
primary, or runoff election for Federal office’’. 
(2) EFFECTIVE DATE.—The amendments made by this sub-
section shall take effect on December 31, 2010, and apply 
with respect to elections for Federal office held on or after 
such date. 
(b) PROMOTION AND EXPANSION OF USE.—Section 103(a) of the 
Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 
1973ff–2) is amended— 
(1) by striking ‘‘GENERAL.—The Presidential’’ and inserting 
‘‘GENERAL.— 
‘‘(1) FEDERAL
WRITE-IN
ABSENTEE
BALLOT.—The Presi-
dential’’; and 
(2) by adding at the end the following new paragraph: 
‘‘(2) PROMOTION AND EXPANSION OF USE OF FEDERAL WRITE- 
IN ABSENTEE BALLOTS.— 
‘‘(A) IN GENERAL.—Not later than December 31, 2011, 
the Presidential designee shall adopt procedures to promote 
and expand the use of the Federal write-in absentee ballot 
as a back-up measure to vote in elections for Federal office. 
‘‘(B) USE
OF
TECHNOLOGY.—Under such procedures, 
the Presidential designee shall utilize technology to imple-
ment a system under which the absent uniformed services 
voter or overseas voter may— 
‘‘(i) enter the address of the voter or other informa-
tion relevant in the appropriate jurisdiction of the 
State, and the system will generate a list of all can-
didates in the election for Federal office in that jurisdic-
tion; and 
Deadline. 
Procedures. 
42 USC 1973ff 
note. 
42 USC 1973ff 
note. 
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123 STAT. 2327 
PUBLIC LAW 111–84—OCT. 28, 2009 
‘‘(ii) submit the marked Federal write-in absentee 
ballot by printing the ballot (including complete 
instructions for submitting the marked Federal write- 
in absentee ballot to the appropriate State election 
official and the mailing address of the single State 
office designated under section 102(b)). 
‘‘(C) AUTHORIZATION
OF
APPROPRIATIONS.—There are 
authorized to be appropriated to the Presidential designee 
such sums as may be necessary to carry out this para-
graph.’’. 
SEC. 582. PROHIBITING REFUSAL TO ACCEPT VOTER REGISTRATION 
AND 
ABSENTEE 
BALLOT 
APPLICATIONS, 
MARKED 
ABSENTEE BALLOTS, AND FEDERAL WRITE-IN ABSENTEE 
BALLOTS FOR FAILURE TO MEET CERTAIN REQUIRE-
MENTS. 
(a) VOTER REGISTRATION
AND ABSENTEE BALLOT APPLICA-
TIONS.—Section 102 of the Uniformed and Overseas Citizens 
Absentee Voting Act (42 U.S.C. 1973ff–1) is amended by adding 
at the end the following new subsection: 
‘‘(i) PROHIBITING
REFUSAL
TO
ACCEPT
APPLICATIONS
FOR 
FAILURE TO MEET CERTAIN REQUIREMENTS.—A State shall not 
refuse to accept and process any otherwise valid voter registration 
application or absentee ballot application (including the official 
post card form prescribed under section 101) or marked absentee 
ballot submitted in any manner by an absent uniformed services 
voter or overseas voter solely on the basis of the following: 
‘‘(1) Notarization requirements. 
‘‘(2) Restrictions on paper type, including weight and size. 
‘‘(3) Restrictions on envelope type, including weight and 
size.’’. 
(b) FEDERAL WRITE-IN ABSENTEE BALLOT.—Section 103 of such 
Act (42 U.S.C. 1973ff–2) is amended— 
(1) by redesignating subsection (f) as subsection (g); and 
(2) by inserting after subsection (e) the following new sub-
section: 
‘‘(f) PROHIBITING REFUSAL TO ACCEPT BALLOT
FOR FAILURE 
TO MEET CERTAIN REQUIREMENTS.—A State shall not refuse to 
accept and process any otherwise valid Federal write-in absentee 
ballot submitted in any manner by an absent uniformed services 
voter or overseas voter solely on the basis of the following: 
‘‘(1) Notarization requirements. 
‘‘(2) Restrictions on paper type, including weight and size. 
‘‘(3) Restrictions on envelope type, including weight and 
size.’’. 
(c) EFFECTIVE DATE.—The amendments made by this section 
shall apply with respect to the regularly scheduled general election 
for Federal office held in November 2010 and each succeeding 
election for Federal office. 
SEC. 583. FEDERAL VOTING ASSISTANCE PROGRAM IMPROVEMENTS. 
(a) FEDERAL VOTING ASSISTANCE PROGRAM IMPROVEMENTS.— 
(1) IN GENERAL.—The Uniformed and Overseas Citizens 
Absentee Voting Act (42 U.S.C. 1973ff et seq.), as amended 
by section 580(a), is amended by inserting after section 103A 
the following new section: 
42 USC 1973ff–1 
note. 
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123 STAT. 2328 
PUBLIC LAW 111–84—OCT. 28, 2009 
‘‘SEC. 103B. FEDERAL VOTING ASSISTANCE PROGRAM IMPROVEMENTS. 
‘‘(a) DUTIES.—The Presidential designee shall carry out the 
following duties: 
‘‘(1) Develop online portals of information to inform absent 
uniformed services voters regarding voter registration proce-
dures and absentee ballot procedures to be used by such voters 
with respect to elections for Federal office. 
‘‘(2) Establish a program to notify absent uniformed services 
voters of voter registration information and resources, the avail-
ability of the Federal postcard application, and the availability 
of the Federal write-in absentee ballot on the military Global 
Network, and shall use the military Global Network to notify 
absent uniformed services voters of the foregoing 90, 60, and 
30 days prior to each election for Federal office. 
‘‘(b) CLARIFICATION REGARDING OTHER DUTIES
AND OBLIGA-
TIONS.—Nothing in this section shall relieve the Presidential des-
ignee of their duties and obligations under any directives or regula-
tions issued by the Department of Defense, including the Depart-
ment of Defense Directive 1000.04 (or any successor directive or 
regulation) that is not inconsistent or contradictory to the provisions 
of this section. 
‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 
to be appropriated to the Federal Voting Assistance Program of 
the Department of Defense (or a successor program) such sums 
as are necessary for purposes of carrying out this section.’’. 
(2) CONFORMING AMENDMENTS.—Section 101 of such Act 
(42 U.S.C. 1973ff), as amended by section 580, is amended— 
(A) in subparagraph (b)— 
(i) by striking ‘‘and’’ at the end of paragraph (8); 
(ii) by striking the period at the end of paragraph 
(9) and inserting ‘‘; and’’; and 
(iii) by adding at the end the following new para-
graph: 
‘‘(10) carry out section 103B with respect to Federal Voting 
Assistance Program Improvements.’’; and 
(B) by adding at the end the following new subsection: 
‘‘(d) AUTHORIZATION OF APPROPRIATIONS FOR CARRYING OUT 
FEDERAL VOTING ASSISTANCE PROGRAM IMPROVEMENTS.—There are 
authorized to be appropriated to the Presidential designee such 
sums as are necessary for purposes of carrying out subsection 
(b)(10).’’. 
(3) EFFECTIVE DATE.—The amendments made by this sub-
section shall apply with respect to the regularly scheduled 
general election for Federal office held in November 2010 and 
each succeeding election for Federal office. 
(b) VOTER REGISTRATION ASSISTANCE FOR ABSENT UNIFORMED 
SERVICES VOTERS.— 
(1) IN GENERAL.—Chapter 80 of title 10, United States 
Code, is amended by inserting after section 1566 the following 
new section: 
‘‘§ 1566a. Voting assistance: voter assistance offices 
‘‘(a) DESIGNATION OF OFFICES ON MILITARY INSTALLATIONS AS 
VOTER ASSISTANCE OFFICES.—Not later than 180 days after the 
date of the enactment of the National Defense Authorization Act 
for Fiscal Year 2010 and under regulations prescribed by the Sec-
retary of Defense under subsection (f), the Secretaries of the military 
Deadline. 
42 USC 1973ff 
note. 
42 USC 
1973ff–2b. 
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123 STAT. 2329 
PUBLIC LAW 111–84—OCT. 28, 2009 
departments shall designate offices on installations under their 
jurisdiction to provide absent uniformed services voters, particularly 
those individuals described in subsection (b), and their family mem-
bers with the following: 
‘‘(1) Information on voter registration procedures and 
absentee ballot procedures (including the official post card form 
prescribed under section 101 of the Uniformed and Overseas 
Citizens Absentee Voting Act (42 U.S.C. 1973ff). 
‘‘(2) Information and assistance, if requested, including 
access to the Internet where practicable, to register to vote 
in an election for Federal office. 
‘‘(3) Information and assistance, if requested, including 
access to the Internet where practicable, to update the individ-
ual’s voter registration information, including instructions for 
absent uniformed services voters to change their address by 
submitting the official post card form prescribed under section 
101 of the Uniformed and Overseas Citizens Absentee Voting 
Act to the appropriate State election official. 
‘‘(4) Information and assistance, if requested, to request 
an absentee ballot under the Uniformed and Overseas Citizens 
Absentee Voting Act (42 U.S.C. 1973ff et seq.). 
‘‘(b) COVERED INDIVIDUALS.—The individuals described in this 
subsection are absent uniformed services voters who— 
‘‘(1) are undergoing a permanent change of duty station; 
‘‘(2) are deploying overseas for at least six months; 
‘‘(3) are returning from an overseas deployment of at least 
six months; or 
‘‘(4) otherwise request assistance related to voter registra-
tion. 
‘‘(c) TIMING OF PROVISION OF ASSISTANCE.—The regulations pre-
scribed by the Secretary of Defense under subsection (f) shall 
ensure, to the maximum extent practicable and consistent with 
military necessity, that the assistance provided under subsection 
(a) is provided to a covered individual described in subsection (b)— 
‘‘(1) if described in subsection (b)(1), as part of the adminis-
trative in-processing of the covered individual upon arrival 
at the new duty station of the covered individual; 
‘‘(2) if described in subsection (b)(2), as part of the adminis-
trative out-processing of the covered individual in preparation 
for deployment from the home duty station of the covered 
individual; 
‘‘(3) if described in subsection (b)(3), as part of the adminis-
trative in-processing of the covered individual upon return to 
the home duty station of the covered individual; or 
‘‘(4) if described in subsection (b)(4), at the time the covered 
individual requests such assistance. 
‘‘(d) OUTREACH.—The Secretary of each military department, 
or the Presidential designee, shall take appropriate actions to 
inform absent uniformed services voters of the assistance available 
under subsection (a), including— 
‘‘(1) the availability of information and voter registration 
assistance at offices designated under subsection (a); and 
‘‘(2) the time, location, and manner in which an absent 
uniformed services voter may utilize such assistance. 
‘‘(e) AUTHORITY TO DESIGNATE VOTING ASSISTANCE OFFICES 
AS VOTER REGISTRATION AGENCY ON MILITARY INSTALLATIONS.— 
The Secretary of Defense may authorize the Secretaries of the 
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123 STAT. 2330 
PUBLIC LAW 111–84—OCT. 28, 2009 
military departments to designate offices on military installations 
as voter registration agencies under section 7(a)(2) of the National 
Voter Registration Act of 1993 (42 U.S.C. 1973gg–5(a)(2)) for all 
purposes of such Act. Any office so designated shall discharge 
the requirements of this section, under the regulations prescribed 
by the Secretary of Defense under subsection (f). 
‘‘(f) REGULATIONS.—The Secretary of Defense shall prescribe 
regulations relating to the administration of the requirements of 
this section. The regulations shall be prescribed before the regularly 
scheduled general election for Federal office held in November 
2010, and shall be implemented for such general election for Federal 
office and for each succeeding election for Federal office. 
‘‘(g) DEFINITIONS.—In this section: 
‘‘(1) The term ‘absent uniformed services voter’ has the 
meaning given that term in section 107(1) of the Uniformed 
and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff– 
6(1)). 
‘‘(2) The term ‘Federal office’ has the meaning given that 
term in section 107(3) of the Uniformed and Overseas Citizens 
Absentee Voting Act (42 U.S.C. 1973ff–6(3)). 
‘‘(3) The term ‘Presidential designee’ means the official 
designated by the President under section 101(a) of the Uni-
formed and Overseas Citizens Absentee Voting Act (42 U.S.C. 
1973ff(a)).’’. 
(2) CLERICAL AMENDMENT.—The table of sections at the 
beginning of chapter 80 of such title is amended by inserting 
after the item relating to section 1566 the following new item: 
‘‘1566a. Voting assistance: voter assistance offices.’’. 
SEC. 584. DEVELOPMENT OF STANDARDS FOR REPORTING AND 
STORING CERTAIN DATA. 
(a) IN
GENERAL.—Section 101(b) of such Act (42 U.S.C. 
1973ff(b)), as amended by sections 580 and 583, is amended— 
(1) by striking ‘‘and’’ at the end of paragraph (9); 
(2) by striking the period at the end of paragraph (10) 
and inserting ‘‘; and’’; and 
(3) by adding at the end the following new paragraph: 
‘‘(11) working with the Election Assistance Commission 
and the chief State election official of each State, develop stand-
ards— 
‘‘(A) for States to report data on the number of absentee 
ballots transmitted and received under section 102(c) and 
such other data as the Presidential designee determines 
appropriate; and 
‘‘(B) for the Presidential designee to store the data 
reported.’’. 
(b) CONFORMING AMENDMENT.—Section 102(a) of such Act (42 
U.S.C. 1973ff–1(a)), as amended by sections 577, 578, 579, and 
580, is amended— 
(1) in paragraph (9), by striking ‘‘and’’ at the end; 
(2) in paragraph (10), by striking the period at the end 
and inserting ‘‘; and’’; and 
(3) by adding at the end the following new paragraph: 
‘‘(11) report data on the number of absentee ballots trans-
mitted and received under section 102(c) and such other data 
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123 STAT. 2331 
PUBLIC LAW 111–84—OCT. 28, 2009 
as the Presidential designee determines appropriate in accord-
ance with the standards developed by the Presidential designee 
under section 101(b)(11).’’. 
(c) EFFECTIVE DATE.—The amendments made by this section 
shall apply with respect to the regularly scheduled general election 
for Federal office held in November 2010 and each succeeding 
election for Federal office. 
SEC. 585. REPEAL OF PROVISIONS RELATING TO USE OF SINGLE 
APPLICATION FOR ALL SUBSEQUENT ELECTIONS. 
(a) IN GENERAL.—Subsections (a) through (d) of section 104 
of the Uniformed and Overseas Citizens Absentee Voting Act (42 
U.S.C. 1973ff–3) are repealed. 
(b) CONFORMING AMENDMENTS.—The Uniformed and Overseas 
Citizens Absentee Voting Act (42 U.S.C. 1973ff et seq.) is amended— 
(1) in section 101(b)— 
(A) in paragraph (2), by striking ‘‘, for use by States 
in accordance with section 104’’; and 
(B) in paragraph (4), by striking ‘‘for use by States 
in accordance with section 104’’; and 
(2) in section 104, as amended by subsection (a)— 
(A) in the section heading, by striking ‘‘USE OF SINGLE 
APPLICATION
FOR
ALL
SUBSEQUENT
ELECTIONS’’ and 
inserting ‘‘PROHIBITION OF REFUSAL OF APPLICATIONS ON 
GROUNDS OF EARLY SUBMISSION’’; and 
(B) in subsection (e), by striking ‘‘(e) PROHIBITION OF 
REFUSAL OF APPLICATIONS ON GROUNDS OF EARLY SUBMIS-
SION.—’’. 
SEC. 586. REPORTING REQUIREMENTS. 
The Uniformed and Overseas Citizens Absentee Voting Act 
(42 U.S.C. 1973ff et seq.) is amended by inserting after section 
105 the following new section: 
‘‘SEC. 105A. REPORTING REQUIREMENTS. 
‘‘(a) REPORT ON STATUS OF IMPLEMENTATION AND ASSESSMENT 
OF PROGRAMS.—Not later than 180 days after the date of the 
enactment of the Military and Overseas Voter Empowerment Act, 
the Presidential designee shall submit to the relevant committees 
of Congress a report containing the following information: 
‘‘(1) The status of the implementation of the procedures 
established for the collection and delivery of marked absentee 
ballots of absent overseas uniformed services voters under sec-
tion 103A, and a detailed description of the specific steps taken 
towards such implementation for the regularly scheduled gen-
eral election for Federal office held in November 2010. 
‘‘(2) An assessment of the effectiveness of the Voting Assist-
ance Officer Program of the Department of Defense, which 
shall include the following: 
‘‘(A) A thorough and complete assessment of whether 
the Program, as configured and implemented as of such 
date of enactment, is effectively assisting absent uniformed 
services voters in exercising their right to vote. 
‘‘(B) An inventory and explanation of any areas of 
voter assistance in which the Program has failed to accom-
plish its stated objectives and effectively assist absent uni-
formed services voters in exercising their right to vote. 
42 USC 
1973ff–4a. 
42 USC 1973ff. 
42 USC 1973ff 
note. 
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123 STAT. 2332 
PUBLIC LAW 111–84—OCT. 28, 2009 
‘‘(C) As necessary, a detailed plan for the implementa-
tion of any new program to replace or supplement voter 
assistance activities required to be performed under this 
Act. 
‘‘(3) A detailed description of the specific steps taken 
towards the implementation of voter registration assistance 
for absent uniformed services voters under section 1566a of 
title 10, United States Code. 
‘‘(b) ANNUAL REPORT ON EFFECTIVENESS OF ACTIVITIES AND 
UTILIZATION OF CERTAIN PROCEDURES.—Not later than March 31 
of each year, the Presidential designee shall transmit to the Presi-
dent and to the relevant committees of Congress a report containing 
the following information: 
‘‘(1) An assessment of the effectiveness of activities carried 
out under section 103B, including the activities and actions 
of the Federal Voting Assistance Program of the Department 
of Defense, a separate assessment of voter registration and 
participation by absent uniformed services voters, a separate 
assessment of voter registration and participation by overseas 
voters who are not members of the uniformed services, and 
a description of the cooperation between States and the Federal 
Government in carrying out such section. 
‘‘(2) A description of the utilization of voter registration 
assistance under section 1566a of title 10, United States Code, 
which shall include the following: 
‘‘(A) A description of the specific programs implemented 
by each military department of the Armed Forces pursuant 
to such section. 
‘‘(B) The number of absent uniformed services voters 
who utilized voter registration assistance provided under 
such section. 
‘‘(3) In the case of a report submitted under this subsection 
in the year following a year in which a regularly scheduled 
general election for Federal office is held, a description of 
the utilization of the procedures for the collection and delivery 
of marked absentee ballots established pursuant to section 
103A, which shall include the number of marked absentee 
ballots collected and delivered under such procedures and the 
number of such ballots which were not delivered by the time 
of the closing of the polls on the date of the election (and 
the reasons such ballots were not so delivered). 
‘‘(c) DEFINITIONS.—In this section: 
‘‘(1) ABSENT OVERSEAS UNIFORMED SERVICES VOTER.—The 
term ‘absent overseas uniformed services voter’ has the 
meaning given such term in section 103A(d). 
‘‘(2) PRESIDENTIAL DESIGNEE.—The term ‘Presidential des-
ignee’ means the Presidential designee under section 101(a). 
‘‘(3) RELEVANT COMMITTEES OF CONGRESS DEFINED.—The 
term ‘relevant committees of Congress’ means— 
‘‘(A) the Committees on Appropriations, Armed Serv-
ices, and Rules and Administration of the Senate; and 
‘‘(B) the Committees on Appropriations, Armed Serv-
ices, and House Administration of the House of Representa-
tives.’’. 
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123 STAT. 2333 
PUBLIC LAW 111–84—OCT. 28, 2009 
SEC. 587. ANNUAL REPORT ON ENFORCEMENT. 
Section 105 of the Uniformed and Overseas Citizens Absentee 
Voting Act (42 U.S.C. 1973f–4) is amended— 
(1) by striking ‘‘The Attorney’’ and inserting ‘‘(a) IN GEN-
ERAL.—The Attorney’’; and 
(2) by adding at the end the following new subsection: 
‘‘(b) REPORT TO CONGRESS.—Not later than December 31 of 
each year, the Attorney General shall submit to Congress an annual 
report on any civil action brought under subsection (a) during 
the preceding year.’’. 
SEC. 588. REQUIREMENTS PAYMENTS. 
(a) USE OF FUNDS.—Section 251(b) of the Help America Vote 
Act of 2002 (42 U.S.C. 15401(b)) is amended— 
(1) in paragraph (1), by striking ‘‘paragraph (2)’’ and 
inserting ‘‘paragraphs (2) and (3)’’; and 
(2) by adding at the end the following new paragraph: 
‘‘(3) ACTIVITIES UNDER UNIFORMED AND OVERSEAS CITIZENS 
ABSENTEE VOTING ACT.—A State shall use a requirements pay-
ment made using funds appropriated pursuant to the authoriza-
tion under section 257(a)(4) only to meet the requirements 
under the Uniformed and Overseas Citizens Absentee Voting 
Act imposed as a result of the provisions of and amendments 
made by the Military and Overseas Voter Empowerment Act.’’. 
(b) CONDITIONS FOR RECEIPT OF FUNDS.— 
(1) INCLUSION OF COMPLIANCE IN STATE PLAN.— 
(A) IN GENERAL.—Section 254(a) of the Help America 
Vote Act of 2002 (42 U.S.C. 15404(a)) is amended by adding 
at the end the following new paragraph: 
‘‘(14) How the State will comply with the provisions and 
requirements of and amendments made by the Military and 
Overseas Voter Empowerment Act.’’. 
(B) CONFORMING AMENDMENT.—Section 253(b)(1)(A) of 
such Act (42 U.S.C. 15403(b)(1)(A)) is amended by striking 
‘‘section 254’’ and inserting ‘‘section 254(a) (or, for purposes 
of determining the eligibility of a State to receive a require-
ments payment appropriated pursuant to the authorization 
provided under section 257(a)(4), contains the element 
described in paragraph (14) of such section)’’. 
(2) WAIVER OF PLAN FOR APPLICATION OF ADMINISTRATIVE 
COMPLAINT
PROCEDURES.—Section 253(b)(2) of such Act (42 
U.S.C. 15403(b)(2)) is amended— 
(A) by striking ‘‘(2) The State’’ and inserting ‘‘(2)(A) 
Subject to subparagraph (B), the State’’; and 
(B) by adding at the end the following new subpara-
graph: 
‘‘(B) Subparagraph (A) shall not apply for purposes of deter-
mining the eligibility of a State to receive a requirements 
payment appropriated pursuant to the authorization provided 
under section 257(a)(4).’’. 
(3) SPECIAL RULE FOR PROVISION OF 5 PERCENT MATCH.— 
Section 253(b)(5) of such Act (42 U.S.C. 15403(b)(5)) is 
amended— 
(A) by striking ‘‘(5) The State’’ and inserting ‘‘(5)(A) 
Subject to subparagraph (B), the State’’; and 
(B) by adding at the end the following new subpara-
graph: 
42 USC 1973ff–4. 
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123 STAT. 2334 
PUBLIC LAW 111–84—OCT. 28, 2009 
‘‘(B) Subparagraph (A) shall not apply for purposes of deter-
mining the eligibility of a State to receive a requirements 
payment appropriated pursuant to the authorization provided 
under section 257(a)(4) for fiscal year 2010, except that if the 
State does not appropriate funds in accordance with subpara-
graph (A) prior to the last day of fiscal year 2011, the State 
shall repay to the Commission the requirements payment which 
is appropriated pursuant to such authorization.’’. 
(c) AUTHORIZATION.—Section 257(a) of the Help America Vote 
Act of 2002 (42 U.S.C. 15407(a)) is amended by adding at the 
end the following new paragraph: 
‘‘(4) For fiscal year 2010 and subsequent fiscal years, such 
sums as are necessary for purposes of making requirements 
payments to States to carry out the activities described in 
section 251(b)(3).’’. 
SEC. 589. TECHNOLOGY PILOT PROGRAM. 
(a) DEFINITIONS.—In this section: 
(1) ABSENT UNIFORMED SERVICES VOTER.—The term ‘‘absent 
uniformed services voter’’ has the meaning given such term 
in section 107(a) of the Uniformed and Overseas Citizens 
Absentee Voting Act (42 U.S.C. 1973ff et seq.). 
(2) OVERSEAS VOTER.—The term ‘‘overseas voter’’ has the 
meaning given such term in section 107(5) of such Act. 
(3) PRESIDENTIAL DESIGNEE.—The term ‘‘Presidential des-
ignee’’ means the individual designated under section 101(a) 
of such Act. 
(b) ESTABLISHMENT.— 
(1) IN GENERAL.—The Presidential designee may establish 
1 or more pilot programs under which the feasibility of new 
election technology is tested for the benefit of absent uniformed 
services voters and overseas voters claiming rights under the 
Uniformed and Overseas Citizens Absentee Voting Act (42 
U.S.C. 1973ff et seq.). 
(2) DESIGN AND CONDUCT.—The design and conduct of a 
pilot program established under this subsection— 
(A) shall be at the discretion of the Presidential des-
ignee; and 
(B) shall not conflict with or substitute for existing 
laws, regulations, or procedures with respect to the partici-
pation of absent uniformed services voters and military 
voters in elections for Federal office. 
(c) CONSIDERATIONS.—In conducting a pilot program established 
under subsection (b), the Presidential designee may consider the 
following issues: 
(1) The transmission of electronic voting material across 
military networks. 
(2) Virtual private networks, cryptographic voting systems, 
centrally controlled voting stations, and other information secu-
rity techniques. 
(3) The transmission of ballot representations and scanned 
pictures in a secure manner. 
(4) Capturing, retaining, and comparing electronic and 
physical ballot representations. 
(5) Utilization of voting stations at military bases. 
(6) Document delivery and upload systems. 
42 USC 1973ff–7. 
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123 STAT. 2335 
PUBLIC LAW 111–84—OCT. 28, 2009 
(7) The functional effectiveness of the application or adop-
tion of the pilot program to operational environments, taking 
into account environmental and logistical obstacles and State 
procedures. 
(d) REPORTS.—The Presidential designee shall submit to Con-
gress reports on the progress and outcomes of any pilot program 
conducted under this subsection, together with recommendations— 
(1) for the conduct of additional pilot programs under this 
section; and 
(2) for such legislation and administrative action as the 
Presidential designee determines appropriate. 
(e) TECHNICAL ASSISTANCE.— 
(1) IN GENERAL.—The Election Assistance Commission and 
the National Institute of Standards and Technology shall pro-
vide the Presidential designee with best practices or standards 
in accordance with electronic absentee voting guidelines estab-
lished under the first sentence of section 1604(a)(2) of the 
National Defense Authorization Act for Fiscal Year 2002 (Public 
Law 107–107; 115 Stat. 1277; 42 U.S.C. 1977ff note), as 
amended by section 567 of the Ronald W. Reagan National 
Defense Authorization Act for Fiscal Year 2005 (Public Law 
108–375; 118 Stat. 1919) to support the pilot program or pro-
grams. 
(2) REPORT.—In the case in which the Election Assistance 
Commission has not established electronic absentee voting 
guidelines under such section 1604(a)(2), as so amended, by 
not later than 180 days after enactment of this Act, the Election 
Assistance Commission shall submit to the relevant committees 
of Congress a report containing the following information: 
(A) The reasons such guidelines have not been estab-
lished as of such date. 
(B) A detailed timeline for the establishment of such 
guidelines. 
(C) A detailed explanation of the Commission’s actions 
in establishing such guidelines since the date of enactment 
of the Ronald W. Reagan National Defense Authorization 
Act for Fiscal Year 2005 (Public Law 108–375; 118 Stat. 
1919). 
(3) RELEVANT COMMITTEES OF CONGRESS DEFINED.—In this 
subsection, the term ‘‘relevant committees of Congress’’ 
means— 
(A) the Committees on Appropriations, Armed Services, 
and Rules and Administration of the Senate; and 
(B) the Committees on Appropriations, Armed Services, 
and House Administration of the House of Representatives. 
(f) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 
to be appropriated such sums as are necessary to carry out this 
section. 
Subtitle I—Other Matters 
SEC. 591. CLARIFICATION OF PERFORMANCE POLICIES FOR MILITARY 
MUSICAL UNITS AND MUSICIANS. 
(a) CLARIFICATION.—Section 974 of title 10, United States Code, 
is amended to read as follows: 
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123 STAT. 2336 
PUBLIC LAW 111–84—OCT. 28, 2009 
‘‘§ 974. Military musical units and musicians: performance 
policies; restriction on performance in competition 
with local civilian musicians 
‘‘(a) MILITARY
MUSICIANS
PERFORMING
IN
AN
OFFICIAL 
CAPACITY.—(1) A military musical unit, and a member of the armed 
forces who is a member of such a unit performing in an official 
capacity, may not engage in the performance of music in competition 
with local civilian musicians. 
‘‘(2) For purposes of paragraph (1), the following shall, except 
as provided in paragraph (3), be included among the performances 
that are considered to be a performance of music in competition 
with local civilian musicians: 
‘‘(A) A performance that is more than incidental to an 
event that— 
‘‘(i) is not supported, in whole or in part, by United 
States Government funds; and 
‘‘(ii) is not free to the public. 
‘‘(B) A performance of background, dinner, dance, or other 
social music at an event that— 
‘‘(i) is not supported, in whole or in part, by United 
States Government funds; and 
‘‘(ii) is held at a location not on a military installation. 
‘‘(3) For purposes of paragraph (1), the following shall not 
be considered to be a performance of music in competition with 
local civilian musicians: 
‘‘(A) A performance (including background, dinner, dance, 
or other social music) at an official United States Government 
event that is supported, in whole or in part, by United States 
Government funds. 
‘‘(B) A performance at a concert, parade, or other event, 
that— 
‘‘(i) is a patriotic event or a celebration of a national 
holiday; and 
‘‘(ii) is free to the public. 
‘‘(C) A performance that is incidental to an event that— 
‘‘(i) is not supported, in whole or in part, by United 
States Government funds; or 
‘‘(ii) is not free to the public. 
‘‘(D) A performance (including background, dinner, dance, 
or other social music) at— 
‘‘(i) an event that is sponsored by a military welfare 
society, as defined in section 2566 of this title; 
‘‘(ii) an event that is a traditional military event 
intended to foster the morale and welfare of members 
of the armed forces and their families; or 
‘‘(iii) an event that is specifically for the benefit or 
recognition of members of the armed forces, their family 
members, veterans, civilian employees of the Department 
of Defense, or former civilian employees of the Department 
of Defense, to the extent provided in regulations prescribed 
by the Secretary of Defense. 
‘‘(E) A performance (including background, dinner, dance, 
or other social music)— 
‘‘(i) to uphold the standing and prestige of the United 
States with dignitaries and distinguished or prominent per-
sons or groups of the United States or another nation; 
or 
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123 STAT. 2337 
PUBLIC LAW 111–84—OCT. 28, 2009 
‘‘(ii) in support of fostering and sustaining a cooperative 
relationship with another nation. 
‘‘(b) PROHIBITION
OF MILITARY MUSICIANS ACCEPTING ADDI-
TIONAL REMUNERATION FOR OFFICIAL PERFORMANCES.—A military 
musical unit, and a member of the armed forces who is a member 
of such a unit performing in an official capacity, may not receive 
remuneration for an official performance, other than applicable 
military pay and allowances. 
‘‘(c) RECORDINGS.—(1) When authorized under regulations pre-
scribed by the Secretary of Defense for purposes of this section, 
a military musical unit may produce recordings for distribution 
to the public, at a cost not to exceed expenses of production and 
distribution. 
‘‘(2) Amounts received in payment for a recording distributed 
to the public under this subsection shall be credited to the appro-
priation or account providing the funds for the production of the 
recording. Any amount so credited shall be merged with amounts 
in the appropriation or account to which credited, and shall be 
available for the same purposes, and subject to the same conditions 
and limitations, as amounts in such appropriation or account. 
‘‘(d) PERFORMANCES
AT FOREIGN LOCATIONS.—Subsection (a) 
does not apply to a performance outside the United States, its 
commonwealths, or its possessions. 
‘‘(e) MILITARY MUSICAL UNIT DEFINED.—In this section, the 
term ‘military musical unit’ means a band, ensemble, chorus, or 
similar musical unit of the armed forces.’’. 
(b) CLERICAL AMENDMENT.—The item relating to such section 
in the table of sections at the beginning of chapter 49 of such 
title is amended to read as follows: 
‘‘974. Military musical units and musicians: performance policies; restriction on per-
formance in competition with local civilian musicians.’’. 
SEC. 592. NAVY GRANTS FOR PURPOSES OF NAVAL SEA CADET CORPS. 
(a) GRANTS AUTHORIZED.—Chapter 647 of title 10, United 
States Code, is amended by inserting after section 7541a the fol-
lowing new section: 
‘‘§ 7541b. Authority to make grants for purposes of Naval 
Sea Cadet Corps 
‘‘Subject to the availability of funds for this purpose, the Sec-
retary of the Navy may make grants to support the purposes 
of Naval Sea Cadet Corps, a federally chartered corporation under 
chapter 1541 of title 36.’’. 
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of chapter 647 of such title is amended by inserting after 
the item relating to section 7541a the following new item: 
‘‘7541b. Authority to make grants for purposes of Naval Sea Cadet Corps.’’. 
SEC. 593. MODIFICATION OF MATCHING FUND REQUIREMENTS UNDER 
NATIONAL GUARD YOUTH CHALLENGE PROGRAM. 
(a) AUTHORITY TO INCREASE DOD SHARE OF PROGRAM.—Section 
509(d)(1) of title 32, United States Code, is amended by striking 
‘‘60 percent of the costs’’ and inserting ‘‘75 percent of the costs’’. 
(b) EFFECTIVE DATE.—The amendment made by subsection (a) 
shall take effect on October 1, 2009, and shall apply with respect 
to fiscal years beginning on or after that date. 
32 USC 509 note. 
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PUBLIC LAW 111–84—OCT. 28, 2009 
SEC. 594. EXPANSION OF MILITARY LEADERSHIP DIVERSITY COMMIS-
SION TO INCLUDE RESERVE COMPONENT REPRESENTA-
TIVES. 
Section 596(b)(1) of the Duncan Hunter National Defense 
Authorization Act for Fiscal Year 2009 (Public Law 110–417; 122 
Stat. 4476) is amended by striking subparagraphs (C), (D), (E) 
and inserting the following new subparagraphs: 
‘‘(C) An active commissioned officer from each of the 
Army, Navy, Air Force, and Marine Corps, an active 
commissioned officer from the National Guard, and an 
active commissioned officer from the Reserves, each of 
whom serves or has served in a leadership position with 
either a military department command or combatant com-
mand. 
‘‘(D) A retired general or flag officer from each of 
the Army, Navy, Air Force, and Marine Corps, a retired 
general or flag officer from the National Guard, and a 
retired general or flag officer from the Reserves. 
‘‘(E) A retired noncommissioned officer from each of 
the Army, Navy, Air Force, and Marine Corps, a retired 
noncommissioned officer from the National Guard, and a 
retired noncommissioned officer from the Reserves.’’. 
SEC. 595. EXPANSION OF SUICIDE PREVENTION AND COMMUNITY 
HEALING AND RESPONSE TRAINING UNDER THE YELLOW 
RIBBON REINTEGRATION PROGRAM. 
Section 582 of the National Defense Authorization Act for Fiscal 
Year 2008 (Public Law 110–181; 10 U.S.C. 10101 note) is amended— 
(1) in subsection (h)— 
(A) by striking paragraph (3); and 
(B) by redesignating paragraphs (4) through (15) as 
paragraphs (3) through (14), respectively; and 
(2) by adding at the end the following new subsection: 
‘‘(i) SUICIDE
PREVENTION
AND
COMMUNITY
HEALING
AND 
RESPONSE PROGRAM.— 
‘‘(1) ESTABLISHMENT.—As part of the Yellow Ribbon Re-
integration Program, the Office for Reintegration Programs 
shall establish a program to provide National Guard and 
Reserve members and their families, and in coordination with 
community programs, assist the communities, with training 
in suicide prevention and community healing and response 
to suicide. 
‘‘(2) DESIGN.—In establishing the program under paragraph 
(1), the Office for Reintegration Programs shall consult with— 
‘‘(A) persons that have experience and expertise with 
combining military and civilian intervention strategies that 
reduce risk and promote healing after a suicide attempt 
or suicide death for National Guard and Reserve members; 
and 
‘‘(B) the adjutant general of each State, the Common-
wealth of Puerto Rico, the District of Columbia, Guam, 
and the Virgin Islands. 
‘‘(3) OPERATION.— 
‘‘(A) SUICIDE PREVENTION TRAINING.—The Office for Re-
integration Programs shall provide National Guard and 
Reserve members with training in suicide prevention. Such 
training shall include— 
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123 STAT. 2339 
PUBLIC LAW 111–84—OCT. 28, 2009 
‘‘(i) describing the warning signs for suicide and 
teaching effective strategies for prevention and inter-
vention; 
‘‘(ii) examining the influence of military culture 
on risk and protective factors for suicide; and 
‘‘(iii) engaging in interactive case scenarios and 
role plays to practice effective intervention strategies. 
‘‘(B) COMMUNITY HEALING AND RESPONSE TRAINING.— 
The Office for Reintegration Programs shall provide the 
families and communities of National Guard and Reserve 
members with training in responses to suicide that promote 
individual and community healing. Such training shall 
include— 
‘‘(i) enhancing collaboration among community 
members and local service providers to create an 
integrated, coordinated community response to suicide; 
‘‘(ii) communicating best practices for preventing 
suicide, including safe messaging, appropriate memo-
rial services, and media guidelines; 
‘‘(iii) addressing the impact of suicide on the mili-
tary and the larger community, and the increased risk 
that can result; and 
‘‘(iv) managing resources to assist key community 
and military service providers in helping the families, 
friends, and fellow soldiers of a suicide victim through 
the processes of grieving and healing. 
‘‘(C) COLLABORATION WITH CENTERS OF EXCELLENCE.— 
The Office for Reintegration Programs, in consultation with 
the Defense Centers of Excellence for Psychological Health 
and Traumatic Brain Injury, shall collect and analyze ‘les-
sons learned’ and suggestions from State National Guard 
and Reserve organizations with existing or developing sui-
cide prevention and community response programs. 
‘‘(4) TERMINATION.—The program established under this 
subsection shall terminate on October 1, 2012.’’. 
SEC. 596. COMPREHENSIVE PLAN ON PREVENTION, DIAGNOSIS, AND 
TREATMENT OF SUBSTANCE USE DISORDERS AND DIS-
POSITION OF SUBSTANCE ABUSE OFFENDERS IN THE 
ARMED FORCES. 
(a) REVIEW AND ASSESSMENT OF CURRENT CAPABILITIES.— 
(1) IN GENERAL.—Not later than 180 days after the date 
of the enactment of this Act, the Secretary of Defense, in 
consultation with the Secretaries of the military departments, 
shall conduct a comprehensive review of the following: 
(A) The programs and activities of the Department 
of Defense for the prevention, diagnosis, and treatment 
of substance use disorders in members of the Armed Forces. 
(B) The policies of the Department of Defense relating 
to the disposition of substance abuse offenders in the Armed 
Forces, including disciplinary action and administrative 
separation. 
(2) ELEMENTS.—The review conducted under paragraph (1) 
shall include an assessment of each of the following: 
(A) The current state and effectiveness of the programs 
of the Department of Defense and the military departments 
Deadline. 
10 USC 1071 
note. 
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123 STAT. 2340 
PUBLIC LAW 111–84—OCT. 28, 2009 
relating to the prevention, diagnosis, and treatment of sub-
stance use disorders. 
(B) The adequacy of the availability of care, and access 
to care, for substance abuse in military medical treatment 
facilities and under the TRICARE program. 
(C) The adequacy of oversight by the Department of 
Defense of programs relating to the prevention, diagnosis, 
and treatment of substance abuse in members of the Armed 
Forces. 
(D) The adequacy and appropriateness of current 
credentials and other requirements for healthcare profes-
sionals treating members of the Armed Forces with sub-
stance use disorders. 
(E) The advisable ratio of physician and nonphysician 
care providers for substance use disorders to members of 
the Armed Forces with such disorders. 
(F) The adequacy and appropriateness of protocols and 
directives for the diagnosis and treatment of substance 
use disorders in members of the Armed Forces and for 
the disposition, including disciplinary action and adminis-
trative separation, of members of the Armed Forces for 
substance abuse. 
(G) The adequacy of the availability of and access 
to care for substance use disorders for members of the 
reserve components of the Armed Forces, including an 
identification of any obstacles that are unique to the 
prevention, diagnosis, and treatment of substance use dis-
orders among members of the reserve components, and 
the appropriate disposition, including disciplinary action 
and administrative separation, of members of the reserve 
components for substance abuse. 
(H) The adequacy of the prevention, diagnosis, and 
treatment of substance use disorders in dependents of mem-
bers of the Armed Forces. 
(I) Any gaps in the current capabilities of the Depart-
ment of Defense for the prevention, diagnosis, and treat-
ment of substance use disorders in members of the Armed 
Forces. 
(3) REPORT.—Not later than 180 days after the date of 
the enactment of this Act, the Secretary of Defense shall submit 
to the Committees on Armed Services of the Senate and the 
House of Representatives a report setting forth the findings 
and recommendations of the Secretary as a result of the review 
conducted under paragraph (1). The report shall— 
(A) set forth the findings and recommendations of the 
Secretary regarding each element of the review specified 
in paragraph (2); 
(B) set forth relevant statistics on the frequency of 
substance use disorders, disciplinary actions, and adminis-
trative separations for substance abuse in members of the 
regular components of the Armed Forces, members of the 
reserve component of the Armed Forces, and to the extent 
applicable, dependents of such members (including spouses 
and children); and 
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123 STAT. 2341 
PUBLIC LAW 111–84—OCT. 28, 2009 
(C) include such other findings and recommendations 
on improvements to the current capabilities of the Depart-
ment of Defense for the prevention, diagnosis, and treat-
ment of substance use disorders in members of the Armed 
Forces and the policies relating to the disposition, including 
disciplinary action and administrative separation, of mem-
bers of the Armed Forces for substance abuse, as the Sec-
retary considers appropriate. 
(b) PLAN FOR IMPROVEMENT AND ENHANCEMENT OF PROGRAMS 
AND POLICIES.— 
(1) PLAN REQUIRED.—Not later than 270 days after the 
date of the enactment of this Act, the Secretary of Defense 
shall submit to the congressional defense committees a com-
prehensive plan for the improvement and enhancement of the 
following: 
(A) The programs and activities of the Department 
of Defense for the prevention, diagnosis, and treatment 
of substance use disorders in members of the Armed Forces 
and their dependents. 
(B) The policies of the Department of Defense relating 
to the disposition of substance abuse offenders in the Armed 
Forces, including disciplinary action and administrative 
separation. 
(2) BASIS.—The comprehensive plan required by paragraph 
(1) shall take into account the following: 
(A) The results of the review and assessment conducted 
under subsection (a). 
(B) Similar initiatives of the Secretary of Veterans 
Affairs to expand and improve care for substance use dis-
orders among veterans, including the programs and activi-
ties conducted under title I of the Veterans’ Mental Health 
and Other Care Improvements Act of 2008 (Public Law 
110–387; 112 Stat. 4112). 
(3) COMPREHENSIVE
STATEMENT
OF
POLICY.—The com-
prehensive plan required by paragraph (1) shall include a com-
prehensive statement of the following: 
(A) The policy of the Department of Defense regarding 
the prevention, diagnosis, and treatment of substance use 
disorders in members of the Armed Forces and their 
dependents. 
(B) The policies of the Department of Defense relating 
to the disposition of substance abuse offenders in the Armed 
Forces, including disciplinary action and administrative 
separation. 
(4) AVAILABILITY OF SERVICES AND TREATMENT.—The com-
prehensive plan required by paragraph (1) shall include mecha-
nisms to ensure the availability to members of the Armed 
Forces and their dependents of a core of evidence-based prac-
tices across the spectrum of medical and non-medial services 
and treatments for substance use disorders, including the 
reestablishment of regional long-term inpatient substance 
abuse treatment programs. The Secretary may use contracted 
services for not longer than three years after the date of the 
enactment of this Act to perform such inpatient substance 
abuse treatment until the Department of Defense reestablishes 
this capability within the military health care system. 
Deadline. 
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123 STAT. 2342 
PUBLIC LAW 111–84—OCT. 28, 2009 
(5) PREVENTION AND REDUCTION OF DISORDERS.—The com-
prehensive plan required by paragraph (1) shall include mecha-
nisms to facilitate the prevention and reduction of substance 
use disorders in members of the Armed Forces through science- 
based initiatives, including education programs, for members 
of the Armed Forces and their dependents. 
(6) SPECIFIC
INSTRUCTIONS.—The comprehensive plan 
required by paragraph (1) shall include each of the following: 
(A) SUBSTANCES
OF
ABUSE.—Instructions on the 
prevention, diagnosis, and treatment of substance abuse 
in members of the Armed Forces, including the abuse of 
alcohol, illicit drugs, and nonmedical use and abuse of 
prescription drugs. 
(B) HEALTHCARE PROFESSIONALS.—Instructions on— 
(i) appropriate training of healthcare professionals 
in the prevention, screening, diagnosis, and treatment 
of substance use disorders in members of the Armed 
Forces; 
(ii) appropriate staffing levels for healthcare 
professionals at military medical treatment facilities 
for the prevention, screening, diagnosis, and treatment 
of substance use disorders in members of the Armed 
Forces; and 
(iii) such uniform training and credentialing 
requirements 
for 
physician 
and 
nonphysician 
healthcare professionals in the prevention, screening, 
diagnosis, and treatment of substance use disorders 
in members of the Armed Forces as the Secretary 
considers appropriate. 
(C) SERVICES FOR DEPENDENTS.—Instructions on the 
availability of services for substance use disorders for 
dependents of members of the Armed Forces, including 
instructions on making such services available to depend-
ents to the maximum extent practicable. 
(D) RELATIONSHIP BETWEEN DISCIPLINARY ACTION AND 
TREATMENT.—Policy on the relationship between discipli-
nary actions and administrative separation processing and 
prevention and treatment of substance use disorders in 
members of the Armed Forces. 
(E) CONFIDENTIALITY.—Recommendations regarding 
policies pertaining to confidentiality for members of the 
Armed Forces in seeking or receiving services or treatment 
for substance use disorders. 
(F) PARTICIPATION OF CHAIN OF COMMAND.—Policy on 
appropriate consultation, reference to, and involvement of 
the chain of command of members of the Armed Forces 
in matters relating to the diagnosis and treatment of sub-
stance abuse and disposition of members of the Armed 
Forces for substance abuse. 
(G) CONSIDERATION
OF
GENDER.—Instructions on 
gender specific requirements, if appropriate, in the preven-
tion, diagnosis, treatment, and management of substance 
use disorders in members of the Armed Forces, including 
gender specific care and treatment requirements. 
(H) COORDINATION
WITH
OTHER
HEALTHCARE
INITIA-
TIVES.—Instructions on the integration of efforts on the 
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123 STAT. 2343 
PUBLIC LAW 111–84—OCT. 28, 2009 
prevention, diagnosis, treatment, and management of sub-
stance use disorders in members of the Armed Forces with 
efforts to address co-occurring health care disorders (such 
as post-traumatic stress disorder and depression) and sui-
cide prevention. 
(7) OTHER ELEMENTS.—In addition to the matters specified 
in paragraph (3), the comprehensive plan required by para-
graph (1) shall include the following: 
(A) IMPLEMENTATION PLAN.—An implementation plan 
for the achievement of the goals of the comprehensive 
plan, including goals relating to the following: 
(i) Enhanced education of members of the Armed 
Forces and their dependents regarding substance use 
disorders. 
(ii) Enhanced and improved identification and 
diagnosis of substance use disorders in members of 
the Armed Forces and their dependents. 
(iii) Enhanced and improved access of members 
of the Armed Forces to services and treatment for 
and management of substance use disorders. 
(iv) Appropriate staffing of military medical treat-
ment facilities and other facilities for the treatment 
of substance use disorders in members of the Armed 
Forces. 
(B) BEST PRACTICES.—The incorporation of evidence- 
based best practices utilized in current military and civilian 
approaches to the prevention, diagnosis, treatment, and 
management of substance use disorders. 
(C) 
AVAILABLE
RESEARCH.—The 
incorporation 
of 
applicable results of available studies, research, and aca-
demic reviews on the prevention, diagnosis, treatment, and 
management of substance use disorders. 
(8) UPDATE IN LIGHT OF INDEPENDENT STUDY.—Upon the 
completion of the study required by subsection (c), the Secretary 
of Defense shall— 
(A) in consultation with the Secretaries of the military 
departments, make such modifications and improvements 
to the comprehensive plan required by paragraph (1) as 
the Secretary of Defense considers appropriate in light 
of the findings and recommendations of the study; and 
(B) submit to the congressional defense committees 
a report setting forth the comprehensive plan as modified 
and improved under subparagraph (A). 
(c) INDEPENDENT REPORT ON SUBSTANCE USE DISORDERS PRO-
GRAMS FOR MEMBERS OF THE ARMED FORCES.— 
(1) STUDY REQUIRED.—Upon completion of the policy review 
required by subsection (a), the Secretary of Defense shall pro-
vide for a study on substance use disorders programs for mem-
bers of the Armed Forces to be conducted by the Institute 
of Medicine of the National Academies of Sciences or such 
other independent entity as the Secretary shall select for pur-
poses of the study. 
(2) ELEMENTS.—The study required by paragraph (1) shall 
include a review and assessment of the following: 
(A) The adequacy and appropriateness of protocols for 
the diagnosis, treatment, and management of substance 
use disorders in members of the Armed Forces. 
Reports. 
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PUBLIC LAW 111–84—OCT. 28, 2009 
(B) The adequacy of the availability of and access 
to care for substance use disorders in military medical 
treatment facilities and under the TRICARE program. 
(C) The adequacy and appropriateness of current 
credentials and other requirements for physician and non- 
physician healthcare professionals treating members of the 
Armed Forces with substance use disorders. 
(D) The advisable ratio of physician and non-physician 
care providers for substance use disorders to members of 
the Armed Forces with such disorders. 
(E) The adequacy of the availability of and access 
to care for substance use disorders for members of the 
reserve components of the Armed Forces when compared 
with the availability of and access to care for substance 
use disorders for members of the regular components of 
the Armed Forces. 
(F) The adequacy of the prevention, diagnosis, treat-
ment, and management of substance use disorders pro-
grams for dependents of members of the Armed Forces, 
whether such dependents suffer from their own substance 
use disorder or because of the substance use disorder of 
a member of the Armed Forces. 
(G) Such other matters as the Secretary considers 
appropriate for purposes of the study. 
(3) REPORT.—Not later than two years after the date of 
the enactment of this Act, the entity conducting the study 
required by paragraph (1) shall submit to the Secretary of 
Defense and the congressional defense committees a report 
on the results of the study. The report shall set forth the 
findings and recommendations of the entity as a result of 
the study. 
SEC. 597. REPORTS ON YELLOW RIBBON REINTEGRATION PROGRAM 
AND OTHER REINTEGRATION PROGRAMS. 
(a) REPORT
ON REINTEGRATION PROGRAMS GENERALLY.—Not 
later than 180 days after the date of the enactment of this Act, 
the Secretary of Defense shall submit to the congressional defense 
committees a report on the various reintegration programs being 
administered in support of members of the National Guard and 
Reserves and their families. 
(b) ADDITIONAL ELEMENTS OF ANNUAL REPORTS ON YELLOW 
RIBBON REINTEGRATION PROGRAM.—The annual reports on the Yel-
low Ribbon Reintegration Program under section 582 of the National 
Defense Authorization Act for Fiscal Year 2008 (Public Law 110– 
181; 122 Stat. 122; 10 U.S.C. 10101 note) that are submitted under 
subsection (e)(4) of such section after the date of the enactment 
of this Act shall include the following: 
(1) In the first such annual report submitted after the 
date of the enactment of this Act— 
(A) a description and assessment of the implementation 
of the Yellow Ribbon Reintegration Program in fiscal year 
2009, including— 
(i) an assessment of best practices from pilot pro-
grams offered by various States to provide services 
to supplement the services available through the Yel-
low Ribbon Reintegration Program; and 
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PUBLIC LAW 111–84—OCT. 28, 2009 
(ii) an assessment of the feasibility of incorporating 
such practices into the Yellow Ribbon Reintegration 
Program; and 
(B) current plans for the further implementation of 
the Yellow Ribbon Reintegration Program during fiscal year 
2010. 
(2) A list of the accounts (including accounts of the military 
departments and accounts for the Office of the Secretary of 
Defense) from which funds for the Yellow Ribbon Reintegration 
Program were derived during the most recent fiscal year, and 
an explanation why such accounts were the source of funding 
for programs and activities under the Yellow Ribbon Reintegra-
tion Program. 
(3) An assessment of the extent to which funding for the 
Yellow Ribbon Reintegration Program during the most recent 
fiscal year supported robust joint programs that provided re-
integration and support services to members of the National 
Guard and Reserves and their families regardless of Armed 
Force with which served. 
(4) An assessment of the extent to which programs and 
activities under the Yellow Ribbon Reintegration Program 
during the preceding year were coordinating closely with appro-
priate programs and activities of the Department of Veterans 
Affairs. 
(5) A description of current strategies to mitigate difficulties 
in sustaining attendance at events under the Yellow Ribbon 
Reintegration Program, and an explanation why funds, if any, 
that are available for the Yellow Ribbon Reintegration Program 
but remain unexpended have not been used for the Yellow 
Ribbon Reintegration Program. 
SEC. 598. REPORTS ON PROGRESS IN COMPLETION OF CERTAIN 
INCIDENT INFORMATION MANAGEMENT TOOLS. 
Not later than 120 days after the date of the enactment of 
this Act, and every six months thereafter, the Secretary of Defense 
shall submit to the Committees on Armed Services of the Senate 
and the House of Representatives a report detailing the progress 
of the Secretary with respect to the completion of the following: 
(1) The Defense Incident-Based Reporting System. 
(2) The Defense Sexual Assault Incident Database. 
TITLE VI—COMPENSATION AND OTHER 
PERSONNEL BENEFITS 
Subtitle A—Pay and Allowances 
Sec. 601. Fiscal year 2010 increase in military basic pay. 
Sec. 602. Increase in maximum monthly amount of supplemental subsistence allow-
ance for low-income members with dependents. 
Sec. 603. Special compensation for members of the uniformed services with cata-
strophic injuries or illnesses requiring assistance in everyday living. 
Sec. 604. Benefits under Post-Deployment/Mobilization Respite Absence program 
for certain periods before implementation of program. 
Sec. 605. Report on housing standards and housing surveys used to determine 
basic allowance for housing. 
Sec. 606. Comptroller General comparative assessment of military and private-sec-
tor pay and benefits. 
10 USC 113 note. 
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123 STAT. 2346 
PUBLIC LAW 111–84—OCT. 28, 2009 
Subtitle B—Bonuses and Special and Incentive Pays 
Sec. 611. One-year extension of certain bonus and special pay authorities for re-
serve forces. 
Sec. 612. One-year extension of certain bonus and special pay authorities for health 
care professionals. 
Sec. 613. One-year extension of special pay and bonus authorities for nuclear offi-
cers. 
Sec. 614. One-year extension of authorities relating to title 37 consolidated special 
pay, incentive pay, and bonus authorities. 
Sec. 615. One-year extension of authorities relating to payment of other title 37 bo-
nuses and special pays. 
Sec. 616. One-year extension of authorities relating to payment of referral bonuses. 
Sec. 617. Technical corrections and conforming amendments to reconcile conflicting 
amendments regarding continued payment of bonuses and similar bene-
fits for certain members. 
Sec. 618. Proration of certain special and incentive pays to reflect time during 
which a member satisfies eligibility requirements for the special or in-
centive pay. 
Sec. 619. Additional assignment pay or special duty pay authorized for members 
agreeing to serve in Afghanistan for extended periods. 
Sec. 620. Temporary authority for monthly special pay for members of the Armed 
Forces subject to continuing active duty or service under stop-loss au-
thorities. 
Sec. 621. Army authority to provide additional recruitment incentives. 
Sec. 622. Report on recruitment and retention of members of the Air Force in nu-
clear career fields. 
Subtitle C—Travel and Transportation Allowances 
Sec. 631. Travel and transportation for survivors of deceased members of the uni-
formed services to attend memorial ceremonies. 
Sec. 632. Travel and transportation allowances for designated individuals of 
wounded, ill, or injured members of the uniformed services for duration 
of inpatient treatment. 
Sec. 633. Authorized travel and transportation allowances for non-medical attend-
ants for very seriously and seriously wounded, ill, or injured members. 
Sec. 634. Reimbursement of travel expenses of members of the Armed Forces on ac-
tive duty and their dependents for travel for specialty care under excep-
tional circumstances. 
Sec. 635. Report on adequacy of weight allowances for transportation of baggage 
and household effects for members of the uniformed services. 
Subtitle D—Disability, Retired Pay, and Survivor Benefits 
Sec. 641. Transition assistance for reserve component members injured while on ac-
tive duty. 
Sec. 642. Recomputation of retired pay and adjustment of retired grade of Reserve 
retirees to reflect service after retirement. 
Sec. 643. Election to receive retired pay for non-regular service upon retirement for 
service in an active reserve status performed after attaining eligibility 
for regular retirement. 
Sec. 644. Report on re-determination process for permanently incapacitated de-
pendents of retired and deceased members of the Armed Forces. 
Sec. 645. Treatment as active service for retired pay purposes of service as member 
of Alaska Territorial Guard during World War II. 
Subtitle E—Commissary and Nonappropriated Fund Instrumentality Benefits and 
Operations 
Sec. 651. Limitation on Department of Defense entities offering personal informa-
tion services to members and their dependents. 
Sec. 652. Report on impact of purchasing from local distributors all alcoholic bev-
erages for resale on military installations on Guam. 
Subtitle F—Other Matters 
Sec. 661. Limitations on collection of overpayments of pay and allowances erro-
neously paid to members. 
Sec. 662. Sense of Congress on airfares for members of the Armed Forces. 
Sec. 663. Sense of Congress on establishment of flexible spending arrangements for 
the uniformed services. 
Sec. 664. Sense of Congress regarding support for compensation, retirement, and 
other military personnel programs. 
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123 STAT. 2347 
PUBLIC LAW 111–84—OCT. 28, 2009 
Subtitle A—Pay and Allowances 
SEC. 601. FISCAL YEAR 2010 INCREASE IN MILITARY BASIC PAY. 
(a) WAIVER OF SECTION 1009 ADJUSTMENT.—The adjustment 
to become effective during fiscal year 2010 required by section 
1009 of title 37, United States Code, in the rates of monthly basic 
pay authorized members of the uniformed services shall not be 
made. 
(b) INCREASE IN BASIC PAY.—Effective on January 1, 2010, 
the rates of monthly basic pay for members of the uniformed serv-
ices are increased by 3.4 percent. 
SEC. 602. INCREASE IN MAXIMUM MONTHLY AMOUNT OF SUPPLE-
MENTAL SUBSISTENCE ALLOWANCE FOR LOW-INCOME 
MEMBERS WITH DEPENDENTS. 
(a) INCREASE IN MAXIMUM MONTHLY AMOUNT.—Section 402a(a) 
of title 37, United States Code, is amended— 
(1) in paragraph (2), by striking ‘‘$500’’ and inserting 
‘‘$1,100’’; and 
(2) in paragraph (3)(B), by striking ‘‘$500’’ and inserting 
‘‘$1,100’’. 
(b) EFFECTIVE DATE.—The amendments made by subsection 
(a) shall take effect on October 1, 2009, and shall apply with 
respect to monthly supplemental subsistence allowances for low- 
income members with dependents payable on or after that date. 
(c) REPORT ON ELIMINATION OF RELIANCE ON SUPPLEMENTAL 
NUTRITION ASSISTANCE PROGRAM
TO MEET NUTRITIONAL NEEDS 
OF MEMBERS OF THE ARMED FORCES AND THEIR DEPENDENTS.— 
I22
(1) IN GENERAL.—Not later than September 1, 2010, the 
Secretary of Defense, in consultation with the Secretary of Agri-
culture, shall submit to the congressional defense committees a 
report setting forth a plan for actions to eliminate the need for 
members of the Armed Forces and their dependents to rely on 
the supplemental nutrition assistance program under the Food and 
Nutrition Act of 2008 (7 U.S.C. 2011 et seq.) for their monthly 
nutritional needs. 
(2) ELEMENTS.—The plan required by paragraph (1) shall 
address the following: 
(A) An appropriate amount or amounts for the monthly 
supplemental subsistence allowance for low-income mem-
bers with dependents payable under section 402a of title 
37, United States Code. 
(B) Such modifications, if any, to the eligibility require-
ments for the monthly supplemental subsistence allowance, 
including limitations on the maximum size of the household 
of a member for purposes of eligibility for the allowance, 
as the Secretary of Defense considers appropriate. 
(C) The advisability of requiring members of the Armed 
Forces to apply for the monthly supplemental subsistence 
allowance before seeking assistance under the supple-
mental nutrition assistance program and to notify their 
commanding officer if they are accepted for participation 
in the supplemental nutrition assistance program. 
(D) A method for accurately determining the total 
number of members of the Armed Forces who are partici-
pating in the supplemental nutrition assistance program. 
37 USC 402a 
note. 
Effective date. 
37 USC 1009 
note. 
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123 STAT. 2348 
PUBLIC LAW 111–84—OCT. 28, 2009 
(E) Such other matters as the Secretary of Defense 
considers appropriate. 
SEC. 603. SPECIAL COMPENSATION FOR MEMBERS OF THE UNI-
FORMED SERVICES WITH CATASTROPHIC INJURIES OR 
ILLNESSES REQUIRING ASSISTANCE IN EVERYDAY LIVING. 
(a) IN GENERAL.—Chapter 7 of title 37, United States Code, 
is amended by adding at the end the following new section: 
‘‘§ 439. Special compensation: members of the uniformed 
services with catastrophic injuries or illnesses 
requiring assistance in everyday living 
‘‘(a) MONTHLY COMPENSATION AUTHORIZED.—The Secretary con-
cerned may pay to any member of the uniformed services described 
in subsection (b) monthly special compensation in an amount deter-
mined under subsection (c). 
‘‘(b) COVERED MEMBERS.—A member eligible for monthly special 
compensation authorized by subsection (a) is a member who— 
‘‘(1) has a catastrophic injury or illness that was incurred 
or aggravated in the line of duty; 
‘‘(2) has been certified by a licensed physician to be in 
need of assistance from another person to perform the personal 
functions required in everyday living; 
‘‘(3) in the absence of the provision of such assistance, 
would require hospitalization, nursing home care, or other resi-
dential institutional care; and 
‘‘(4) meets such other criteria, if any, as the Secretary 
of Defense (or the Secretary of Homeland Security, with respect 
to the Coast Guard) prescribes for purposes of this section. 
‘‘(c) AMOUNT.—(1) The amount of monthly special compensation 
payable to a member under subsection (a) shall be determined 
under criteria prescribed by the Secretary of Defense (or the Sec-
retary of Homeland Security, with respect to the Coast Guard), 
but may not exceed the amount of aid and attendance allowance 
authorized by section 1114(r)(2) of title 38 for veterans in need 
of aid and attendance. 
‘‘(2) In determining the amount of monthly special compensa-
tion, the Secretary concerned shall consider the following: 
‘‘(A) The extent to which home health care and related 
services are being provided by the Government. 
‘‘(B) The value of the aid and attendance care necessary 
to assist the member in performing the personal functions 
required in everyday living, to be determined regardless of 
the sources of the care (other than the source identified in 
subparagraph (A)) actually being provided to the member. 
‘‘(d) DURATION.—The eligibility of a member to receive special 
monthly compensation under subsection (a) expires on the earlier 
of the following: 
‘‘(1) The last day of the month during which a 90-day 
period ends that begins on the date of the separation or retire-
ment of the member. 
‘‘(2) The last day of the month during which the member 
dies. 
‘‘(3) The last day of the month during which the member 
is determined to be no longer afflicted with the catastrophic 
injury or illness referred to in subsection (b)(1). 
Criteria. 
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123 STAT. 2349 
PUBLIC LAW 111–84—OCT. 28, 2009 
‘‘(4) The last day of the month preceding the month during 
which the member begins receiving compensation under section 
1114(r)(2) of title 38. 
‘‘(e) CONSTRUCTION WITH OTHER PAY
AND ALLOWANCES.— 
Monthly special compensation payable to a member under this 
section is in addition to any other pay and allowances payable 
to the member by law. 
‘‘(f) BENEFIT INFORMATION.—(1) The Secretary of Defense, in 
collaboration with the Secretary of Veterans Affairs, shall ensure 
that members of the uniformed services who may be eligible for 
compensation under this section are made aware of the availability 
of such compensation by including information about such com-
pensation in written and online materials for such members and 
their families. 
‘‘(2) The Secretary of Defense shall ensure that a member 
eligible to receive special monthly compensation under this section 
is aware that the member’s eligibility for such compensation will 
expire pursuant to subsection (d)(1) after the end of the 90-day 
period that begins on the date of the separation or retirement 
of the member even though the member has not begun to receive 
compensation under section 1114(r)(2) of title 38 before the end 
of such period. 
‘‘(g) CATASTROPHIC INJURY OR ILLNESS DEFINED.—In this sec-
tion, the term ‘catastrophic injury or illness’ means a permanent, 
severely disabling injury, disorder, or illness that the Secretary 
concerned determines compromises the ability of the afflicted person 
to carry out the activities of daily living to such a degree that 
the person requires— 
‘‘(1) personal or mechanical assistance to leave home or 
bed; or 
‘‘(2) constant supervision to avoid physical harm to self 
or others. 
‘‘(h) REGULATIONS.—The Secretary of Defense (or the Secretary 
of Homeland Security, with respect to the Coast Guard) shall pre-
scribe regulations to carry out this section.’’. 
(b) REPORT TO CONGRESS.— 
(1) IN GENERAL.—Not later than one year after the date 
of the enactment of this Act, the Secretary of Defense (and 
the Secretary of Homeland Security, with respect to the Coast 
Guard) shall submit to Congress a report on the provision 
of compensation under section 439 of title 37, United States 
Code, as added by subsection (a) of this section. 
(2) ELEMENTS.—The report required by paragraph (1) shall 
include the following: 
(A) An estimate of the number of members of the 
uniformed services eligible for compensation under such 
section 439. 
(B) The number of members of the uniformed services 
receiving compensation under such section. 
(C) The average amount of compensation provided to 
members of the uniformed services receiving such com-
pensation. 
(D) The average amount of time required for a member 
of the uniformed services to receive such compensation 
after the member becomes eligible for such compensation. 
(E) A summary of the types of injuries, disorders, and 
illnesses of members of the uniformed services receiving 
Web posting. 
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123 STAT. 2350 
PUBLIC LAW 111–84—OCT. 28, 2009 
such compensation that made such members eligible for 
such compensation. 
(c) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of chapter 7 of such title is amended by adding at the end 
the following new item: 
‘‘439. Special compensation: members of the uniformed services with catastrophic in-
juries or illnesses requiring assistance in everyday living.’’. 
SEC. 604. BENEFITS UNDER POST-DEPLOYMENT/MOBILIZATION RES-
PITE ABSENCE PROGRAM FOR CERTAIN PERIODS BEFORE 
IMPLEMENTATION OF PROGRAM. 
(a) IN GENERAL.—Under regulations prescribed by the Secretary 
of Defense, the Secretary concerned may provide any member or 
former member of the Armed Forces with the benefits specified 
in subsection (b) if the member or former member would, on any 
day during the period beginning on January 19, 2007, and ending 
on the date of the implementation of the Post-Deployment/Mobiliza-
tion Respite Absence (PDMRA) program by the Secretary concerned, 
have qualified for a day of administrative absence under the Post- 
Deployment/Mobilization Respite Absence program had the program 
been in effect during such period. 
(b) BENEFITS.—The benefits specified in this subsection are 
the following: 
(1) In the case of an individual who is a former member 
of the Armed Forces at the time of the provision of benefits 
under this section, payment of an amount not to exceed $200 
for each day the individual would have qualified for a day 
of administrative absence as described in subsection (a) during 
the period specified in that subsection. 
(2) In the case of an individual who is a member of the 
Armed Forces at the time of the provision of benefits under 
this section, either one day of administrative absence or pay-
ment of an amount not to exceed $200, as selected by the 
Secretary concerned, for each day the individual would have 
qualified for a day of administrative absence as described in 
subsection (a) during the period specified in that subsection. 
(c) EXCLUSION
OF
CERTAIN
FORMER
MEMBERS.—A former 
member of the Armed Forces is not eligible under this section 
for the benefits specified in subsection (b)(1) if the former member 
was discharged or released from the Armed Forces under other 
than honorable conditions. 
(d) FORM OF PAYMENT.—The paid benefits providable under 
subsection (b) may be paid in a lump sum or installments, at 
the election of the Secretary concerned. 
(e) CONSTRUCTION WITH OTHER PAY AND LEAVE.—The benefits 
provided a member or former member of the Armed Forces under 
this section are in addition to any other pay, absence, or leave 
provided by law. 
(f) DEFINITIONS.—In this section: 
(1) 
The 
term 
‘‘Post-Deployment/Mobilization 
Respite 
Absence program’’ means the program of a military department 
to provide days of administrative absence not chargeable 
against available leave to certain deployed or mobilized mem-
bers of the Armed Forces in order to assist such members 
in reintegrating into civilian life after deployment or mobiliza-
tion. 
Regulations. 
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123 STAT. 2351 
PUBLIC LAW 111–84—OCT. 28, 2009 
(2) The term ‘‘Secretary concerned’’ has the meaning given 
that term in section 101(5) of title 37, United States Code. 
(g) DURATION.— 
(1) IN GENERAL.—The authority to provide benefits under 
this section shall expire on the date that is one year after 
the date of the enactment of this Act. 
(2) CONSTRUCTION.—Expiration under this subsection of 
the authority to provide benefits under this section shall not 
affect the utilization of any day of administrative absence pro-
vided a member of the Armed Forces under subsection (b)(2), 
or the payment of any payment authorized a member or former 
member of the Armed Forces under subsection (b), before the 
expiration of the authority in this section. 
SEC. 605. REPORT ON HOUSING STANDARDS AND HOUSING SURVEYS 
USED TO DETERMINE BASIC ALLOWANCE FOR HOUSING. 
(a) REPORT REQUIRED.—Not later than July 1, 2010, the Sec-
retary of Defense shall submit to the congressional defense commit-
tees a report containing the following reviews: 
(1) A review of the housing standards used to determine 
the monthly rates of basic allowance for housing under section 
403 of title 37, United States Code. 
(2) A review of the process and schedule for conducting 
surveys used to establish locality rates in housing areas to 
determine such monthly rates of basic allowance for housing. 
(b) ELEMENTS OF HOUSING STANDARDS REVIEW.—In conducting 
the reviews under subsection (a), the Secretary shall consider 
whether the housing standards and survey process are suitable 
in terms of— 
(1) recognizing the societal needs and expectations of fami-
lies in the United States; 
(2) providing for an appropriate quality of life for members 
of the Armed Forces in all grades; 
(3) recognizing the appropriate rewards and prestige associ-
ated with promotion to higher military grades throughout the 
rank structure; and 
(4) reflecting the most current housing cost data available. 
(c) INCLUSION
OF
RECOMMENDED
CHANGES.—The report 
required by subsection (a) shall include— 
(1) such recommended changes to the housing standards, 
including an estimate of the cost of each recommended change, 
as the Secretary considers appropriate; and 
(2) such recommended changes to improve the survey 
process, including ensuring that the housing cost data used 
to establish the rates is the most current data available, as 
the Secretary considers appropriate. 
SEC. 606. COMPTROLLER GENERAL COMPARATIVE ASSESSMENT OF 
MILITARY AND PRIVATE-SECTOR PAY AND BENEFITS. 
(a) STUDY REQUIRED.—The Comptroller General shall conduct 
a study comparing pay and benefits provided by law to members 
of the Armed Forces with pay and benefits provided by the private 
sector to comparably situated private-sector employees to assess 
how the differences in pay and benefits effect recruiting and reten-
tion of members of the Armed Forces. 
(b) ELEMENTS.—The study required by subsection (a) shall 
include, but not be limited to, the following: 
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123 STAT. 2352 
PUBLIC LAW 111–84—OCT. 28, 2009 
(1) An assessment of total military compensation for officers 
and for enlisted personnel, including basic pay, the basic allow-
ance for housing (BAH), the basic allowance for subsistence 
(BAS), tax benefits applicable to military pay and allowances 
under Federal law (including the Social Security laws) and 
State law, military retirement benefits, commissary and 
exchange privileges, and military healthcare benefits. 
(2) An assessment of private-sector pay and benefits for 
civilians of similar age, education, and experience with similar 
job responsibilities and working conditions as officers and 
enlisted personnel of the Armed Forces, including pay, bonuses, 
employee options, fringe benefits, retirement benefits, indi-
vidual retirement investment benefits, flexible spending 
accounts and health savings accounts, and any other elements 
of private-sector compensation that the Comptroller General 
considers appropriate. 
(3) An identification of the percentile of comparable private- 
sector compensation at which members of the Armed Forces 
are paid, including an assessment of the adequacy of percentile 
comparisons generally and whether the Department of Defense 
goal of compensating members of the Armed Forces at the 
80th percentile of comparable private-sector compensation, as 
described in the 10th Quadrennial Review of Military Com-
pensation, is appropriate and adequate to attract and retain 
quality individuals to serve in the Armed Forces. 
(c) REPORT.—The Comptroller General shall submit to the 
congressional defense committees a report on the study required 
by subsection (a) by not later than April 1, 2010. 
Subtitle B—Bonuses and Special and 
Incentive Pays 
SEC. 611. ONE-YEAR EXTENSION OF CERTAIN BONUS AND SPECIAL 
PAY AUTHORITIES FOR RESERVE FORCES. 
The following sections of title 37, United States Code, are 
amended by striking ‘‘December 31, 2009’’ and inserting ‘‘December 
31, 2010’’: 
(1) Section 308b(g), relating to Selected Reserve reenlist-
ment bonus. 
(2) Section 308c(i), relating to Selected Reserve affiliation 
or enlistment bonus. 
(3) Section 308d(c), relating to special pay for enlisted 
members assigned to certain high-priority units. 
(4) Section 308g(f)(2), relating to Ready Reserve enlistment 
bonus for persons without prior service. 
(5) Section 308h(e), relating to Ready Reserve enlistment 
and reenlistment bonus for persons with prior service. 
(6) Section 308i(f), relating to Selected Reserve enlistment 
and reenlistment bonus for persons with prior service. 
(7) Section 910(g), relating to income replacement payments 
for reserve component members experiencing extended and fre-
quent mobilization for active duty service. 
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123 STAT. 2353 
PUBLIC LAW 111–84—OCT. 28, 2009 
SEC. 612. ONE-YEAR EXTENSION OF CERTAIN BONUS AND SPECIAL 
PAY AUTHORITIES FOR HEALTH CARE PROFESSIONALS. 
(a) TITLE 10 AUTHORITIES.—The following sections of title 10, 
United States Code, are amended by striking ‘‘December 31, 2009’’ 
and inserting ‘‘December 31, 2010’’: 
(1) Section 2130a(a)(1), relating to nurse officer candidate 
accession program. 
(2) Section 16302(d), relating to repayment of education 
loans for certain health professionals who serve in the Selected 
Reserve. 
(b) TITLE 37 AUTHORITIES.—The following sections of title 37, 
United States Code, are amended by striking ‘‘December 31, 2009’’ 
and inserting ‘‘December 31, 2010’’: 
(1) Section 302c-1(f), relating to accession and retention 
bonuses for psychologists. 
(2) Section 302d(a)(1), relating to accession bonus for reg-
istered nurses. 
(3) Section 302e(a)(1), relating to incentive special pay for 
nurse anesthetists. 
(4) Section 302g(e), relating to special pay for Selected 
Reserve health professionals in critically short wartime special-
ties. 
(5) Section 302h(a)(1), relating to accession bonus for dental 
officers. 
(6) Section 302j(a), relating to accession bonus for pharmacy 
officers. 
(7) Section 302k(f), relating to accession bonus for medical 
officers in critically short wartime specialties. 
(8) Section 302l(g), relating to accession bonus for dental 
specialist officers in critically short wartime specialties. 
SEC. 613. ONE-YEAR EXTENSION OF SPECIAL PAY AND BONUS 
AUTHORITIES FOR NUCLEAR OFFICERS. 
The following sections of title 37, United States Code, are 
amended by striking ‘‘December 31, 2009’’ and inserting ‘‘December 
31, 2010’’: 
(1) Section 312(f), relating to special pay for nuclear-quali-
fied officers extending period of active service. 
(2) Section 312b(c), relating to nuclear career accession 
bonus. 
(3) Section 312c(d), relating to nuclear career annual incen-
tive bonus. 
SEC. 614. ONE-YEAR EXTENSION OF AUTHORITIES RELATING TO TITLE 
37 CONSOLIDATED SPECIAL PAY, INCENTIVE PAY, AND 
BONUS AUTHORITIES. 
The following sections of title 37, United States Code, are 
amended by striking ‘‘December 31, 2009’’ and inserting ‘‘December 
31, 2010’’: 
(1) Section 331(h), relating to general bonus authority for 
enlisted members. 
(2) Section 332(g), relating to general bonus authority for 
officers. 
(3) Section 333(i), relating to special bonus and incentive 
pay authorities for nuclear officers. 
(4) Section 334(i), relating to special aviation incentive 
pay and bonus authorities for officers. 
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123 STAT. 2354 
PUBLIC LAW 111–84—OCT. 28, 2009 
(5) Section 335(k), relating to special bonus and incentive 
pay authorities for officers in health professions. 
(6) Section 351(i), relating to hazardous duty pay. 
(7) Section 352(g), relating to assignment pay or special 
duty pay. 
(8) Section 353(j), relating to skill incentive pay or pro-
ficiency bonus. 
(9) Section 355(i), relating to retention incentives for mem-
bers qualified in critical military skills or assigned to high 
priority units. 
SEC. 615. ONE-YEAR EXTENSION OF AUTHORITIES RELATING TO PAY-
MENT OF OTHER TITLE 37 BONUSES AND SPECIAL PAYS. 
The following sections of chapter 5 of title 37, United States 
Code, are amended by striking ‘‘December 31, 2009’’ and inserting 
‘‘December 31, 2010’’: 
(1) Section 301b(a), relating to aviation officer retention 
bonus. 
(2) Section 307a(g), relating to assignment incentive pay. 
(3) Section 308(g), relating to reenlistment bonus for active 
members. 
(4) Section 309(e), relating to enlistment bonus. 
(5) Section 324(g), relating to accession bonus for new offi-
cers in critical skills. 
(6) Section 326(g), relating to incentive bonus for conversion 
to military occupational specialty to ease personnel shortage. 
(7) Section 327(h), relating to incentive bonus for transfer 
between armed forces. 
(8) Section 330(f), relating to accession bonus for officer 
candidates. 
SEC. 616. ONE-YEAR EXTENSION OF AUTHORITIES RELATING TO PAY-
MENT OF REFERRAL BONUSES. 
The following sections of title 10, United States Code, are 
amended by striking ‘‘December 31, 2009’’ and inserting ‘‘December 
31, 2010’’: 
(1) Section 1030(i), relating to health professions referral 
bonus. 
(2) Section 3252(h), relating to Army referral bonus. 
SEC. 617. TECHNICAL CORRECTIONS AND CONFORMING AMENDMENTS 
TO RECONCILE CONFLICTING AMENDMENTS REGARDING 
CONTINUED PAYMENT OF BONUSES AND SIMILAR BENE-
FITS FOR CERTAIN MEMBERS. 
(a) TECHNICAL
CORRECTIONS
TO
RECONCILE
CONFLICTING 
AMENDMENTS.—Section 303a(e) of title 37, United States Code, 
is amended— 
(1) in paragraph (1)(A), by striking ‘‘paragraph (2)’’ and 
inserting ‘‘paragraphs (2) and (3)’’; 
(2) by redesignating paragraphs (3) and (4) as paragraphs 
(4) and (5), respectively; 
(3) in paragraph (5), as so redesignated, by striking ‘‘para-
graph (3)(B)’’ and inserting ‘‘paragraph (4)(B)’’; 
(4) by redesignating paragraph (2), as added by section 
651(b) of the Duncan Hunter National Defense Authorization 
Act for Fiscal Year 2009 (Public Law 110–417; 122 Stat. 4495), 
as paragraph (3); and 
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123 STAT. 2355 
PUBLIC LAW 111–84—OCT. 28, 2009 
(5) by redesignating the second subparagraph (B) of para-
graph (1), originally added as paragraph (2) by section 2(a)(3) 
of the Hubbard Act (Public Law 110–317; 122 Stat. 3526) 
and erroneously designated as subparagraph (B) by section 
651(a)(3) of the Duncan Hunter National Defense Authorization 
Act for Fiscal Year 2009 (Public Law 110–417; 122 Stat. 4495), 
as paragraph (2). 
(b) INCLUSION OF HUBBARD ACT AMENDMENT IN CONSOLIDATED 
SPECIAL PAY AND BONUS AUTHORITIES.—Section 373(b) of such title 
is amended— 
(1) in paragraph (2), by striking the paragraph heading 
and inserting ‘‘SPECIAL RULE FOR DECEASED AND DISABLED MEM-
BERS.—’’; and 
(2) by adding at the end the following new paragraph: 
‘‘(3) SPECIAL
RULE
FOR
MEMBERS
WHO
RECEIVE
SOLE 
SURVIVORSHIP DISCHARGE.—(A) If a member of the uniformed 
services receives a sole survivorship discharge, the Secretary 
concerned— 
‘‘(i) shall not require repayment by the member of 
the unearned portion of any bonus, incentive pay, or similar 
benefit previously paid to the member; and 
‘‘(ii) may grant an exception to the requirement to 
terminate the payment of any unpaid amounts of a bonus, 
incentive pay, or similar benefit if the Secretary concerned 
determines that termination of the payment of the unpaid 
amounts would be contrary to a personnel policy or 
management objective, would be against equity and good 
conscience, or would be contrary to the best interests of 
the United States. 
‘‘(B) In this paragraph, the term ‘sole survivorship dis-
charge’ means the separation of a member from the Armed 
Forces, at the request of the member, pursuant to the Depart-
ment of Defense policy permitting the early separation of a 
member who is the only surviving child in a family in which— 
‘‘(i) the father or mother or one or more siblings— 
‘‘(I) served in the Armed Forces; and 
‘‘(II) was killed, died as a result of wounds, 
accident, or disease, is in a captured or missing in 
action status, or is permanently 100 percent disabled 
or hospitalized on a continuing basis (and is not 
employed gainfully because of the disability or hos-
pitalization); and 
‘‘(ii) the death, status, or disability did not result from 
the intentional misconduct or willful neglect of the parent 
or sibling and was not incurred during a period of 
unauthorized absence.’’. 
SEC. 618. PRORATION OF CERTAIN SPECIAL AND INCENTIVE PAYS 
TO REFLECT TIME DURING WHICH A MEMBER SATISFIES 
ELIGIBILITY REQUIREMENTS FOR THE SPECIAL OR INCEN-
TIVE PAY. 
(a) SPECIAL PAY
FOR DUTY SUBJECT
TO HOSTILE FIRE
OR 
IMMINENT DANGER.—Section 310 of title 37, United States Code, 
is amended— 
(1) in subsection (a)— 
(A) by striking ‘‘AND SPECIAL PAY AMOUNT’’ in the 
subsection heading; and 
Definition. 
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123 STAT. 2356 
PUBLIC LAW 111–84—OCT. 28, 2009 
(B) by striking ‘‘at the rate of $225 for any month’’ 
in the matter preceding paragraph (1) and inserting ‘‘under 
subsection (b) for any month or portion of a month’’; 
(2) in subsection (c), by striking paragraph (3); 
(3) by redesignating subsections (b), (c), and (d) as sub-
sections (c), (d), and (e), respectively; and 
(4) by inserting after subsection (a) the following new sub-
section: 
‘‘(b) SPECIAL PAY AMOUNT; PRORATION.—(1) The special pay 
authorized by subsection (a) may not exceed $225 a month. 
‘‘(2) Except as provided in subsection (c), if a member does 
not satisfy the eligibility requirements specified in paragraphs (1) 
and (2) of subsection (a) for an entire month for receipt of special 
pay under subsection (a), the Secretary concerned may prorate 
the payment amount to reflect the duration of the member’s actual 
qualifying service during the month.’’. 
(b) HAZARDOUS
DUTY
PAY.—Section 351 of such title is 
amended— 
(1) by striking subsections (c) and (d) and redesignating 
subsections (e) through (i) as subsections (d) through (h), respec-
tively; and 
(2) by inserting after subsection (b) the following new sub-
section: 
‘‘(c) METHOD OF PAYMENT; PRORATION.— 
‘‘(1) MONTHLY PAYMENT.—Subject to paragraph (2), haz-
ardous duty pay shall be paid on a monthly basis. 
‘‘(2) PRORATION.—If a member does not satisfy the eligi-
bility requirements specified in paragraph (1), (2), or (3) of 
subsection (a) for an entire month for receipt of hazardous 
duty pay, the Secretary concerned may prorate the payment 
amount to reflect the duration of the member’s actual qualifying 
service during the month.’’. 
(c) ASSIGNMENT OR SPECIAL DUTY PAY.—Section 352(b)(1) of 
such title is amended by adding at the end the following new 
sentence: ‘‘If paid monthly, the Secretary concerned may prorate 
the monthly amount of the assignment or special duty pay for 
a member who does not satisfy the eligibility requirement for an 
entire month to reflect the duration of the member’s actual quali-
fying service during the month.’’. 
(d) SKILL
INCENTIVE
PAY.—Section 353 of such title is 
amended— 
(1) by striking subsection (f) and redesignating subsections 
(g) through (j) as subsections (f) through (i), respectively; and 
(2) in subsection (c), by striking paragraph (1) and inserting 
the following new paragraph: 
‘‘(1) SKILL INCENTIVE PAY.—(A) Skill incentive pay under 
subsection (a) may not exceed $1,000 a month. 
‘‘(B) If a member does not satisfy the eligibility require-
ments specified in paragraphs (1) and (2) of subsection (a) 
for an entire month for receipt of skill incentive pay, the Sec-
retary concerned may prorate the payment amount to reflect 
the duration of the member’s actual qualifying service during 
the month. A member of a reserve component entitled to com-
pensation under section 206 of this title who is authorized 
skill incentive pay under subsection (a) may be paid an amount 
of such pay that is proportionate to the compensation received 
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123 STAT. 2357 
PUBLIC LAW 111–84—OCT. 28, 2009 
by the member under section 206 of this title for inactive- 
duty training.’’. 
SEC. 619. ADDITIONAL ASSIGNMENT PAY OR SPECIAL DUTY PAY 
AUTHORIZED FOR MEMBERS AGREEING TO SERVE IN 
AFGHANISTAN FOR EXTENDED PERIODS. 
(a) AUTHORITY TO PROVIDE ADDITIONAL ASSIGNMENT PAY OR 
SPECIAL DUTY PAY.—The Secretary of Defense may provide assign-
ment pay or special duty pay under section 352 of title 37, United 
States Code, in excess of the maximum amount of monthly or 
lump sum assignment or special duty pay authorized under sub-
section (b) of such section, to members of the Armed Forces (particu-
larly members who achieve language proficiency at levels and in 
languages specified by the Secretary of Defense) who agree to 
serve on active duty in Afghanistan for a minimum of three years. 
The assignment period required by the agreement shall provide 
for reasonable periods of leave. 
(b) REPORTING REQUIREMENTS.—The Secretary shall submit to 
Congress an annual report on the use of the authority provided 
under subsection (a) during the preceding year, including— 
(1) the number of members of the Armed Forces receiving 
assignment pay or special duty pay under section 352 of title 
37, United States Code, in excess of the maximum amount 
otherwise authorized under such section; and 
(2) an assessment of the impact of the use of such authority 
on the effectiveness and efficiency in achieving the United 
States mission in Afghanistan. 
(c) DURATION OF AUTHORITY.—The authority provided by sub-
section (a) to offer additional assignment pay or special duty pay 
under section 352 of title 37, United States Code, expires on 
December 31, 2012. The expiration of such authority shall not 
affect the terms or duration of any agreement entered into before 
that date to provide additional assignment pay or special duty 
pay under such section. 
SEC. 620. TEMPORARY AUTHORITY FOR MONTHLY SPECIAL PAY FOR 
MEMBERS OF THE ARMED FORCES SUBJECT TO CON-
TINUING ACTIVE DUTY OR SERVICE UNDER STOP-LOSS 
AUTHORITIES. 
(a) SPECIAL PAY AUTHORIZED.—The Secretary of the military 
department concerned may pay monthly special pay to any member 
of the Army, Navy, Air Force, or Marine Corps (including a member 
of a reserve component thereof) for any month, or portion of a 
month, in which the member serves on active duty in the Armed 
Forces, or has the member’s eligibility for retirement from the 
Armed Forces suspended, as described in subsection (b). 
(b) ELIGIBILITY
REQUIREMENTS.—A member of the Armed 
Forces referred to in subsection (a) is eligible to receive special 
pay under this section if the member, at any time during the 
period beginning on October 1, 2009, and ending on June 30, 
2011, serves on active duty while the member’s enlistment or period 
of obligated service is extended, or has the member’s eligibility 
for retirement suspended, pursuant to section 123 or 12305 of 
title 10, United States Code, or any other provision of law (com-
monly referred to as a ‘‘stop-loss authority’’) that authorizes the 
President to extend an enlistment or period of obligated service, 
or suspend eligibility for retirement, of a member of the Armed 
Time period. 
37 USC 301 note. 
37 USC 352 note. 
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123 STAT. 2358 
PUBLIC LAW 111–84—OCT. 28, 2009 
Forces in time of war or national emergency declared by Congress 
or the President. 
(c) AMOUNT.—The amount of monthly special pay payable to 
a member under this section for a month may not exceed $500. 
(d) CONSTRUCTION WITH OTHER PAYS.—Monthly special pay 
payable to a member under this section is in addition to any 
other amounts payable to the member by law. 
SEC. 621. ARMY AUTHORITY TO PROVIDE ADDITIONAL RECRUITMENT 
INCENTIVES. 
(a) EXTENSION OF AUTHORITY.—Subsection (i) of section 681 
of the National Defense Authorization Act for Fiscal Year 2006 
(Public Law 109–163; 119 Stat. 3321) is amended to read as follows: 
‘‘(i) DURATION OF AUTHORITY.— 
‘‘(1) IN GENERAL.—The Secretary may not develop an incen-
tive under this section, or first provide an incentive developed 
under this section to an individual, after December 31, 2012. 
‘‘(2) CONTINUATION OF INCENTIVES.—Nothing in paragraph 
(1) shall be construed to prohibit or limit the continuing provi-
sion to an individual after the date specified in that paragraph 
of an incentive first provided the individual under this section 
before that date.’’. 
(b) LIMITATION ON USE OF AUTHORITY.—Subsection (e) of such 
section is amended by inserting ‘‘at the same time’’ after ‘‘provided’’. 
SEC. 622. REPORT ON RECRUITMENT AND RETENTION OF MEMBERS 
OF THE AIR FORCE IN NUCLEAR CAREER FIELDS. 
(a) REPORT REQUIRED.—Not later than 180 days after the date 
of the enactment of this Act, the Secretary of the Air Force shall 
submit to the congressional defense committees a report on the 
efforts of the Air Force to attract and retain qualified individuals 
for service as members of the Air Force involved in the operation, 
maintenance, handling, and security of nuclear weapons. 
(b) ELEMENTS.—The report required by subsection (a) shall 
include the following: 
(1) A description of current reenlistment rates and officer 
retention rates, set forth by Air Force Specialty Code, of mem-
bers of the Air Force serving in positions involving the oper-
ation, maintenance, handling, and security of nuclear weapons. 
(2) A description of the current personnel fill rate for Air 
Force units involved in the operation, maintenance, handling, 
and security of nuclear weapons. 
(3) A description of the steps the Air Force has taken, 
including the use of retention bonuses or assignment incentive 
pay, to improve recruiting and reenlistment of enlisted per-
sonnel and accession and retention of officers by the Air Force 
for the positions described in paragraph (1). 
(4) An assessment of the feasibility, advisability, utility, 
and cost effectiveness of establishing additional bonuses or 
incentive pay as a way to enhance the recruitment and reten-
tion by the Air Force of skilled personnel in the positions 
described in paragraph (1). 
(5) An assessment of whether assignment incentive pay 
should be provided for members of the Air Force covered by 
the Personnel Reliability Program. 
(6) An assessment of the long-term community manage-
ment plan for recruitment, retention, and assignment by the 
10 USC 503 note. 
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123 STAT. 2359 
PUBLIC LAW 111–84—OCT. 28, 2009 
Air Force of skilled personnel in the positions described in 
paragraph (1). 
(7) Such other matters as the Secretary considers appro-
priate. 
Subtitle C—Travel and Transportation 
Allowances 
SEC. 631. TRAVEL AND TRANSPORTATION FOR SURVIVORS OF 
DECEASED MEMBERS OF THE UNIFORMED SERVICES TO 
ATTEND MEMORIAL CEREMONIES. 
(a) ALLOWANCES AUTHORIZED.—Subsection (a) of section 411f 
of title 37, United States Code, is amended— 
(1) by redesignating paragraph (2) as paragraph (3); and 
(2) by inserting after paragraph (1) the following new para-
graph (2): 
‘‘(2) The Secretary concerned may provide round trip travel 
and transportation allowances to eligible relatives of a member 
of the uniformed services who dies while on active duty in order 
that the eligible relatives may attend a memorial service for the 
deceased member that occurs at a location other than the location 
of the burial ceremony for which travel and transportation allow-
ances are provided under paragraph (1). Travel and transportation 
allowances may be provided under this paragraph for travel of 
eligible relatives to only one memorial service for the deceased 
member concerned.’’. 
(b) CONFORMING AMENDMENTS.—Subsection (c) of such section 
is amended— 
(1) by striking ‘‘subsection (a)(1)’’ the first place it appears 
and inserting ‘‘paragraphs (1) and (2) of subsection (a)’’; and 
(2) by striking ‘‘subsection (a)(1)’’ the second place it 
appears and inserting ‘‘paragraph (1) or (2) of subsection (a)’’. 
SEC. 632. TRAVEL AND TRANSPORTATION ALLOWANCES FOR DES-
IGNATED INDIVIDUALS OF WOUNDED, ILL, OR INJURED 
MEMBERS OF THE UNIFORMED SERVICES FOR DURATION 
OF INPATIENT TREATMENT. 
(a) AUTHORITY TO PROVIDE TRAVEL TO DESIGNATED INDIVID-
UALS.—Subsection (a) of section 411h of title 37, United States 
Code, is amended— 
(1) in paragraph (1)— 
(A) by striking ‘‘family members of a member described 
in paragraph (2)’’ and inserting ‘‘individuals who, with 
respect to a member described in paragraph (2), are des-
ignated individuals for that member’’; 
(B) by striking ‘‘that the presence of the family 
member’’ and inserting ‘‘, with respect to any such indi-
vidual, that the presence of such individual’’; and 
(C) by striking ‘‘of family members’’ and inserting ‘‘of 
designated individuals’’; and 
(2) by adding at the end the following new paragraph: 
‘‘(4) In the case of a designated individual who is also a member 
of the uniformed services, that member may be provided travel 
and transportation under this section in the same manner as a 
designated individual who is not a member.’’. 
(b) DEFINITION OF DESIGNATED INDIVIDUAL.— 
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123 STAT. 2360 
PUBLIC LAW 111–84—OCT. 28, 2009 
(1) IN GENERAL.—Paragraph (1) of subsection (b) of such 
section is amended by striking ‘‘the term’’ and all that follows 
and inserting ‘‘the term ‘designated individual’, with respect 
to a member, means— 
‘‘(A) an individual designated by the member for the pur-
poses of this section; or 
‘‘(B) in the case of a member who has not made a designa-
tion under subparagraph (A) and, as determined by the 
attending physician or surgeon, is not able to make such a 
designation, an individual who, as designated by the attending 
physician or surgeon and the commander or head of the military 
medical facility exercising control over the member, is someone 
with a personal relationship to the member whose presence 
may aid and support the health and welfare of the member 
during the duration of the member’s inpatient treatment.’’. 
(2) DESIGNATIONS NOT PERMANENT.—Paragraph (2) of such 
subsection is amended to read as follows: 
‘‘(2) The designation of an individual as a designated individual 
for purposes of this section may be changed at any time.’’. 
(c) COVERAGE OF MEMBERS HOSPITALIZED OUTSIDE THE UNITED 
STATES WHO WERE WOUNDED OR INJURED IN A COMBAT OPERATION 
OR COMBAT ZONE.— 
(1) COVERAGE FOR HOSPITALIZATION OUTSIDE THE UNITED 
STATES.—Subparagraph (B) of subsection (a)(2) of such section 
is amended— 
(A) in clause (i), by striking ‘‘in or outside the United 
States’’; and 
(B) in clause (ii), by striking ‘‘in the United States’’. 
(2) CLARIFICATION OF MEMBERS COVERED.—Such subpara-
graph is further amended— 
(A) in clause (i), by inserting ‘‘seriously wounded,’’ after 
‘‘(i) is’’; and 
(B) in clause (ii)— 
(i) by striking ‘‘an injury’’ and inserting ‘‘a wound 
or an injury’’; and 
(ii) by striking ‘‘that injury’’ and inserting ‘‘that 
wound or injury’’. 
(d) COVERAGE
OF
MEMBERS
WITH
SERIOUS
MENTAL
DIS-
ORDERS.— 
(1) IN
GENERAL.—Subsection (a)(2)(B)(i) of such section, 
as amended by subsection (c) of this section, is further amended 
by inserting ‘‘(including having a serious mental disorder)’’ 
after ‘‘seriously injured’’. 
(2) SERIOUS
MENTAL
DISORDER
DEFINED.—Subsection (b) 
of such section 411h, as amended by subsection (b) of this 
section, is further amended by adding at the end the following 
new paragraph: 
‘‘(4)(A) In this section, the term ‘serious mental disorder’, in 
the case of a member, means that the member has been diagnosed 
with a mental disorder that requires intensive mental health treat-
ment or hospitalization. 
‘‘(B) The circumstances in which a member shall be considered 
to have a serious mental disorder for purposes of this section 
shall include, but not be limited to, the following: 
‘‘(i) The member is considered to be a potential danger 
to self or others as a result of a diagnosed mental disorder 
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PUBLIC LAW 111–84—OCT. 28, 2009 
that requires intensive mental health treatment or hospitaliza-
tion. 
‘‘(ii) The member is diagnosed with a mental disorder and 
has psychotic symptoms that require intensive mental health 
treatment or hospitalization. 
‘‘(iii) The member is diagnosed with a mental disorder 
and has severe symptoms or severe impairment in functioning 
that require intensive mental health treatment or hospitaliza-
tion.’’. 
(e) FREQUENCY OF AUTHORIZED TRAVEL.—Paragraph (3) of sub-
section (a) of such section 411h is amended to read as follows: 
‘‘(3) Not more than a total of three roundtrips may be provided 
under paragraph (1) in any 60-day period at Government expense 
to the individuals who, with respect to a member, are the designated 
individuals of that member in effect during that period. However, 
if the Secretary concerned has granted a waiver under the second 
sentence of paragraph (1) with respect to a member, then for 
any 60-day period in which the waiver is in effect the limitation 
in the preceding sentence shall be adjusted accordingly. In addition, 
during any period during which there is in effect a non-medical 
attendant designation for a member under section 411k of this 
title, not more than a total of two roundtrips may be provided 
under paragraph (1) in any 60-day period at Government expense 
until there no longer is a designation of a non-medical attendant 
or that designation transfers to another individual, in which case 
during the transfer period three roundtrips may be provided.’’. 
(f) STYLISTIC
AND CONFORMING AMENDMENTS.—Such section 
is further amended— 
(1) in subsection (a), by striking ‘‘(a)(1)’’ and inserting ‘‘(a) 
TRAVEL AND TRANSPORTATION AUTHORIZED.—(1)’’; 
(2) in subsection (b)— 
(A) by striking ‘‘(b)(1)’’ and inserting ‘‘(b) DEFINI-
TIONS.—(1)’’; and 
(B) in paragraph (3)— 
(i) by inserting ‘‘(A)’’ after ‘‘(3)’’; and 
(ii) by adding at the end the following new 
subparagraph: 
‘‘(B) In this paragraph, the term ‘family member’, with respect 
to a member, means the following: 
‘‘(i) The member’s spouse. 
‘‘(ii) Children of the member (including stepchildren, 
adopted children, and illegitimate children). 
‘‘(iii) Parents of the member or persons in loco parentis 
to the member, including fathers and mothers through adoption 
and persons who stood in loco parentis to the member for 
a period not less than one year immediately before the member 
entered the uniformed service, except that only one father 
and one mother or their counterparts in loco parentis may 
be recognized in any one case. 
‘‘(iv) Siblings of the member. 
‘‘(v) A person related to the member as described in clause 
(i), (ii), (iii), or (iv) who is also a member of the uniformed 
services.’’; 
(3) in subsection (c)— 
(A) by striking ‘‘(c)(1)’’ and inserting ‘‘(c) ROUND TRIP 
TRANSPORTATION
AND PER DIEM ALLOWANCE.—(1)’’; and 
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PUBLIC LAW 111–84—OCT. 28, 2009 
(B) in paragraph (1), by striking ‘‘family member’’ and 
inserting ‘‘designated individual’’; and 
(4) in subsection (d), by striking ‘‘(d)(1)’’ and inserting ‘‘(d) 
METHOD OF TRANSPORTATION AUTHORIZED.—(1)’’. 
(g) CLERICAL AMENDMENTS.— 
(1) SECTION
HEADING.—The heading of such section is 
amended to read as follows: 
‘‘§ 411h. Travel and transportation allowances: transpor-
tation of designated individuals incident to hos-
pitalization of members for treatment of wounds, 
illness, or injury’’. 
(2) TABLE OF SECTIONS.—The item relating to such section 
in the table of sections at the beginning of chapter 7 of such 
title is amended to read as follows: 
‘‘411h. Travel and transportation allowances: transportation of designated individ-
uals incident to hospitalization of members for treatment of wounds, ill-
ness, or injury.’’. 
(h) CONFORMING AMENDMENT TO WOUNDED WARRIOR ACT.— 
Section 1602(4) of the Wounded Warrior Act (10 U.S.C. 1071 note) 
is amended by striking ‘‘411h(b)(1)’’ and inserting ‘‘411h(b)(3)(B)’’. 
(i) APPLICABILITY OF AMENDMENTS.—No reimbursement may 
be provided under section 411h of title 37, United States Code, 
by reason of the amendments made by this section for travel and 
transportation costs incurred before the date of the enactment of 
this Act. 
SEC. 633. AUTHORIZED TRAVEL AND TRANSPORTATION ALLOWANCES 
FOR NON-MEDICAL ATTENDANTS FOR VERY SERIOUSLY 
AND SERIOUSLY WOUNDED, ILL, OR INJURED MEMBERS. 
(a) PAYMENT OF TRAVEL COSTS AUTHORIZED.— 
(1) IN GENERAL.—Chapter 7 of title 37, United States Code, 
is amended by inserting after section 411j the following new 
section: 
‘‘§ 411k. Travel and transportation allowances: non-medical 
attendants for members who are determined to be 
very seriously or seriously wounded, ill, or injured 
‘‘(a) ALLOWANCE FOR NON-MEDICAL ATTENDANT.—Under uni-
form regulations prescribed by the Secretaries concerned, travel 
and transportation described in subsection (d) may be provided 
for a qualified non-medical attendant for a covered member of 
the uniformed services described in subsection (c) if the attending 
physician or surgeon and the commander or head of the military 
medical facility exercising control over the member determine that 
the presence of such an attendant may contribute to the member’s 
health and welfare. 
‘‘(b) QUALIFIED NON-MEDICAL ATTENDANT.—For purposes of this 
section, a qualified non-medical attendant, with respect to a covered 
member, is an individual who— 
‘‘(1) is designated by the member to be a non-medical 
attendant for the member for purposes of this section; and 
‘‘(2) is determined by the attending physician or surgeon 
and the commander or head of the military medical facility 
to be appropriate to serve as a non-medical attendant for the 
member and whose presence may contribute to the health and 
welfare of the member. 
Regulations. 
37 USC 411h 
note. 
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PUBLIC LAW 111–84—OCT. 28, 2009 
‘‘(c) COVERED MEMBERS.—A member of the uniformed services 
covered by this section is a member who— 
‘‘(1) as a result of a wound, illness, or injury, has been 
determined by the attending physician or surgeon to be in 
the category known as ‘very seriously wounded, ill, or injured’ 
or ‘seriously wounded, ill, or injured’; and 
‘‘(2) is hospitalized for treatment of the wound, illness, 
or injury or requires continuing outpatient treatment for the 
wound, illness, or injury. 
‘‘(d) AUTHORIZED
TRAVEL
AND
TRANSPORTATION.—(1) The 
transportation authorized by subsection (a) for a qualified non- 
medical attendant for a member is round-trip transportation 
between the home of the attendant and the location at which 
the member is receiving treatment and may include transportation, 
while accompanying the member, to any other location to which 
the member is subsequently transferred for further treatment. A 
designated non-medical attendant under this section may not also 
be a designated individual for travel and transportation allowances 
section 411h(a) of this title. 
‘‘(2) The transportation authorized by subsection (a) includes 
any travel necessary to obtain treatment for the member at the 
location to which the member is permanently assigned. 
‘‘(3) In addition to the transportation authorized by subsection 
(a), the Secretary concerned may provide a per diem allowance 
or reimbursement for the actual and necessary expenses of the 
travel, or a combination thereof, but not to exceed the rates estab-
lished under section 404(d) of this title. 
‘‘(4) The transportation authorized by subsection (a) may be 
provided by any of the following means: 
‘‘(A) Transportation in-kind. 
‘‘(B) A monetary allowance in place of transportation in- 
kind at a rate to be prescribed by the Secretaries concerned. 
‘‘(C) Reimbursement for the commercial cost of transpor-
tation. 
‘‘(5) An allowance payable under this subsection may be paid 
in advance. 
‘‘(6) Reimbursement payable under this subsection may not 
exceed the cost of Government-procured commercial round-trip air 
travel.’’. 
(2) CLERICAL AMENDMENT.—The table of sections at the 
beginning of such chapter is amended by inserting after the 
item related to section 411j the following new item: 
‘‘411k. Travel and transportation allowances: non-medical attendants for members 
determined to be very seriously or seriously wounded, ill, or injured.’’. 
(b) APPLICABILITY.—No reimbursement may be provided under 
section 411k of title 37, United States Code, as added by subsection 
(a), for travel and transportation costs incurred before the date 
of the enactment of this Act. 
SEC. 634. REIMBURSEMENT OF TRAVEL EXPENSES OF MEMBERS OF 
THE ARMED FORCES ON ACTIVE DUTY AND THEIR 
DEPENDENTS FOR TRAVEL FOR SPECIALTY CARE UNDER 
EXCEPTIONAL CIRCUMSTANCES. 
(a) REIMBURSEMENT AUTHORIZED.—Section 1074i of title 10, 
United States Code, is amended— 
(1) by redesignating subsections (b) and (c) as subsections 
(c) and (d), respectively; and 
37 USC 411k 
note. 
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PUBLIC LAW 111–84—OCT. 28, 2009 
(2) by inserting after subsection (a) the following new sub-
section (b): 
‘‘(b) REIMBURSEMENT FOR TRAVEL UNDER EXCEPTIONAL CIR-
CUMSTANCES.—The Secretary of Defense may provide reimburse-
ment for reasonable travel expenses of travel of members of the 
armed forces on active duty and their dependents, and accompani-
ment, to a specialty care provider not otherwise authorized by 
subsection (a) under such exceptional circumstances as the Sec-
retary considers appropriate for purposes of this section.’’. 
(b) TECHNICAL AMENDMENT.—Subsection (a) of such section 
is amended by inserting ‘‘of Defense’’ after ‘‘the Secretary’’. 
SEC. 635. REPORT ON ADEQUACY OF WEIGHT ALLOWANCES FOR 
TRANSPORTATION 
OF 
BAGGAGE 
AND 
HOUSEHOLD 
EFFECTS FOR MEMBERS OF THE UNIFORMED SERVICES. 
(a) REPORT REQUIRED.—Not later than July 1, 2010, the Sec-
retary of Defense shall submit to the congressional defense commit-
tees a report containing— 
(1) a review of the weight allowances provided for the 
transportation of baggage and household goods under section 
406(b)(1)(C) of title 37, United States Code; and 
(2) such recommended changes to the weight allowance, 
including an estimate of the cost of each recommended change, 
as the Secretary considers appropriate. 
(b) ELEMENTS
OF
REVIEW.—The Secretary shall consider 
whether the weight allowances reviewed under subsection (a) are 
suitable in terms of— 
(1) recognizing the societal needs and expectations of fami-
lies in the United States; 
(2) providing for an appropriate quality of life for members 
of the Armed Forces in all grades; and 
(3) recognizing the appropriate rewards and prestige associ-
ated with promotion to higher military grade, with particular 
attention to mid-grade and senior noncommissioned officer 
ranks. 
Subtitle D—Disability, Retired Pay, and 
Survivor Benefits 
SEC. 641. TRANSITION ASSISTANCE FOR RESERVE COMPONENT MEM-
BERS INJURED WHILE ON ACTIVE DUTY. 
(a) IN GENERAL.—Chapter 61 of title 10, United States Code, 
is amended by inserting after section 1218 the following new section: 
‘‘§ 1218a. Discharge or release from active duty: transition 
assistance 
for 
reserve 
component 
members 
injured while on active duty 
‘‘(a) PROVISION OF CERTAIN INFORMATION.—Before a member 
of a reserve component described in subsection (b) is demobilized 
or separated from the armed forces, the Secretary of the military 
department concerned shall provide to the member the following 
information: 
‘‘(1) Information on the availability of care and administra-
tive processing through community based warrior transition 
units. 
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123 STAT. 2365 
PUBLIC LAW 111–84—OCT. 28, 2009 
‘‘(2) Information on the location of the community based 
warrior transition unit located nearest to the permanent place 
of residence of the member. 
‘‘(b) COVERED MEMBERS.—Subsection (a) applies to members 
of a reserve component who are injured while on active duty in 
the armed forces.’’. 
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of chapter 61 of such title is amended by inserting after 
the item relating to section 1218 the following new item: 
‘‘1218a. Discharge or release from active duty: transition assistance for reserve com-
ponent members injured while on active duty.’’. 
SEC. 642. RECOMPUTATION OF RETIRED PAY AND ADJUSTMENT OF 
RETIRED GRADE OF RESERVE RETIREES TO REFLECT 
SERVICE AFTER RETIREMENT. 
(a) RECOMPUTATION OF RETIRED PAY.—Section 12739 of title 
10, United States Code, is amended by adding at the end the 
following new subsection: 
‘‘(e)(1) If a member of the Retired Reserve is recalled to an 
active status in the Selected Reserve of the Ready Reserve under 
section 10145(d) of this title and completes not less than two years 
of service in such active status, the member is entitled to the 
recomputation under this section of the retired pay of the member. 
‘‘(2) The Secretary concerned may reduce the two-year service 
requirement specified in paragraph (1) in the case of a member 
who— 
‘‘(A) is recalled to serve in a position of adjutant general 
required under section 314 of title 32 or in a position of assist-
ant adjutant general subordinate to such a position of adjutant 
general; 
‘‘(B) completes at least one year of service in such position; 
and 
‘‘(C) fails to complete the minimum two years of service 
solely because the appointment of the member to such position 
is terminated or vacated as described in section 324(b) of title 
32.’’. 
(b) ADJUSTMENT OF RETIRED GRADE.—Section 12771 of such 
title is amended— 
(1) by striking ‘‘Unless’’ and inserting ‘‘(a) GRADE
ON 
TRANSFER.—Unless’’; and 
(2) by adding at the end the following new subsection: 
‘‘(b) EFFECT OF SUBSEQUENT RECALL TO ACTIVE STATUS.—(1) 
If a member of the Retired Reserve who is a commissioned officer 
is recalled to an active status in the Selected Reserve of the Ready 
Reserve under section 10145(d) of this title and completes not 
less than two years of service in such active status, the member 
is entitled to an adjustment in the retired grade of the member 
in the manner provided in section 1370(d) of this title. 
‘‘(2) The Secretary concerned may reduce the two-year service 
requirement specified in paragraph (1) in the case of a member 
who— 
‘‘(A) is recalled to serve in a position of adjutant general 
required under section 314 of title 32 or in a position of assist-
ant adjutant general subordinate to such a position of adjutant 
general; 
‘‘(B) completes at least one year of service in such position; 
and 
Applicability. 
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123 STAT. 2366 
PUBLIC LAW 111–84—OCT. 28, 2009 
‘‘(C) fails to complete the minimum two years of service 
solely because the appointment of the member to such position 
is terminated or vacated as described in section 324(b) of title 
32.’’. 
SEC. 643. ELECTION TO RECEIVE RETIRED PAY FOR NON-REGULAR 
SERVICE UPON RETIREMENT FOR SERVICE IN AN ACTIVE 
RESERVE STATUS PERFORMED AFTER ATTAINING ELIGI-
BILITY FOR REGULAR RETIREMENT. 
(a) ELECTION AUTHORITY; REQUIREMENTS.—Subsection (a) of 
section 12741 of title 10, United States Code, is amended to read 
as follows: 
‘‘(a) AUTHORITY TO ELECT TO RECEIVE RESERVE RETIRED PAY.— 
(1) Notwithstanding the requirement in paragraph (4) of section 
12731(a) of this title that a person may not receive retired pay 
under this chapter when the person is entitled, under any other 
provision of law, to retired pay or retainer pay, a person may 
elect to receive retired pay under this chapter, instead of receiving 
retired or retainer pay under chapter 65, 367, 571, or 867 of this 
title, if the person— 
‘‘(A) satisfies the requirements specified in paragraphs (1) 
and (2) of such section for entitlement to retired pay under 
this chapter; 
‘‘(B) served in an active status in the Selected Reserve 
of the Ready Reserve after becoming eligible for retirement 
under chapter 65, 367, 571, or 867 of this title (without regard 
to whether the person actually retired or received retired or 
retainer pay under one of those chapters); and 
‘‘(C) completed not less than two years of satisfactory 
service (as determined by the Secretary concerned) in such 
active status (excluding any period of active service). 
‘‘(2) The Secretary concerned may reduce the minimum two- 
year service requirement specified in paragraph (1)(C) in the case 
of a person who— 
‘‘(A) completed at least one year of service in a position 
of adjutant general required under section 314 of title 32 or 
in a position of assistant adjutant general subordinate to such 
a position of adjutant general; and 
‘‘(B) failed to complete the minimum years of service solely 
because the appointment of the person to such position was 
terminated or vacated as described in section 324(b) of title 
32.’’. 
(b) ACTIONS TO EFFECTUATE ELECTION.—Subsection (b) of such 
section is amended by striking paragraph (1) and inserting the 
following new paragraph: 
‘‘(1) terminate the eligibility of the person to retire under 
chapter 65, 367, 571, or 867 of this title, if the person is 
not already retired under one of those chapters, and terminate 
entitlement of the person to retired or retainer pay under 
one of those chapters, if the person was already receiving 
retired or retainer pay under one of those chapters; and’’. 
(c) CONFORMING AMENDMENT TO REFLECT NEW VARIABLE AGE 
REQUIREMENT
FOR RETIREMENT.—Subsection (d) of such section 
is amended— 
(1) in paragraph (1), by striking ‘‘attains 60 years of age’’ 
and inserting ‘‘attains the eligibility age applicable to the person 
under section 12731(f) of this title’’; and 
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123 STAT. 2367 
PUBLIC LAW 111–84—OCT. 28, 2009 
(2) in paragraph (2)(A), by striking ‘‘attains 60 years of 
age’’ and inserting ‘‘attains the eligibility age applicable to 
the person under such section’’. 
(d) RETIRED PAY BASE.— 
(1) MEMBERS BECOMING MEMBERS BEFORE SEPTEMBER 8, 
1980.—Section 1406(b)(2) of such title is amended by inserting 
after ‘‘when retired pay is granted’’ the following: ‘‘(or, in the 
case of a person entitled to retired pay by reason of an election 
under section 12741(a) of this title, at rates applicable on 
the date the person completes the service required under such 
section 12741(a))’’. 
(2) MEMBERS
BECOMING
MEMBERS
AFTER
SEPTEMBER
7, 
1980.—Section 1407(d)(4) of such title is amended by inserting 
after ‘‘became entitled to retired pay’’ the following: ‘‘or, in 
the case of a member or former member entitled to retired 
pay by reason of an election under section 12741(a) of this 
title, before the member or former member completes the 
service required under such section 12741(a),’’. 
(e) CLERICAL AMENDMENTS.— 
(1) SECTION HEADING.—The heading for section 12741 of 
such title is amended to read as follows: 
‘‘§ 12741. Retirement for service in an active status performed 
in the Selected Reserve of the Ready Reserve after 
eligibility for regular retirement’’. 
(2) TABLE OF SECTIONS.—The table of sections at the begin-
ning of chapter 1223 of such title is amended by striking 
the item relating to section 12741 and inserting the following 
new item: 
‘‘12741. Retirement for service in an active status performed in the Selected Reserve 
of the Ready Reserve after eligibility for regular retirement.’’. 
SEC. 644. REPORT ON RE-DETERMINATION PROCESS FOR PERMA-
NENTLY INCAPACITATED DEPENDENTS OF RETIRED AND 
DECEASED MEMBERS OF THE ARMED FORCES. 
(a) REPORT REQUIRED.—Not later than 180 days after the date 
of the enactment of this Act, the Secretary of Defense shall submit 
to Congress a report on the re-determination process of the Depart-
ment of Defense used to determine the eligibility of permanently 
incapacitated dependents of retired and deceased members of the 
Armed Forces for benefits provided under laws administered by 
the Secretary. 
(b) ELEMENTS.—The report required by subsection (a) shall 
include the following: 
(1) An assessment of the re-determination process, 
including the following: 
(A) The rationale for requiring a quadrennial recertifi-
cation of financial support after issuance of a permanent 
identification 
card 
to 
a 
permanently 
incapacitated 
dependent. 
(B) The administrative and other burdens the quadren-
nial recertification imposes on the affected sponsor and 
dependents, especially after the sponsor becomes ill, 
incapacitated, or deceased. 
(C) The extent to which the quadrennial recertification 
undermines the utility of issuing a permanent identification 
card. 
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123 STAT. 2368 
PUBLIC LAW 111–84—OCT. 28, 2009 
(D) The extent of the consequences entailed in elimi-
nating the requirement for quadrennial recertification. 
(2) Specific recommendations for the following: 
(A) Improving the efficiency of the recertification 
process. 
(B) Minimizing the burden of such process on the spon-
sors of such dependents. 
(C) Eliminating the requirement for quadrennial recer-
tification. 
SEC. 645. TREATMENT AS ACTIVE SERVICE FOR RETIRED PAY PUR-
POSES OF SERVICE AS MEMBER OF ALASKA TERRITORIAL 
GUARD DURING WORLD WAR II. 
(a) IN GENERAL.—Service as a member of the Alaska Territorial 
Guard during World War II of any individual who was honorably 
discharged therefrom under section 8147 of the Department of 
Defense Appropriations Act, 2001 (Public Law 106–259; 114 Stat. 
705) shall be treated as active service for purposes of the computa-
tion under chapter 61, 71, 371, 571, 871, or 1223 of title 10, 
United States Code, as applicable, of the retired pay to which 
such individual may be entitled under title 10, United States Code. 
(b) APPLICABILITY.—Subsection (a) shall apply with respect to 
amounts of retired pay payable under title 10, United States Code, 
for months beginning on or after the date of the enactment of 
this Act. No retired pay shall be paid to any individual by reason 
of subsection (a) for any period before that date. 
(c) WORLD WAR II DEFINED.—In this section, the term ‘‘World 
War II’’ has the meaning given that term in section 101(8) of 
title 38, United States Code. 
Subtitle 
E—Commissary 
and 
Non-
appropriated Fund Instrumentality Ben-
efits and Operations 
SEC. 651. LIMITATION ON DEPARTMENT OF DEFENSE ENTITIES 
OFFERING PERSONAL INFORMATION SERVICES TO MEM-
BERS AND THEIR DEPENDENTS. 
(a) IMPOSITION OF LIMITATION.—Subchapter III of chapter 147 
of title 10, United States Code, is amended by inserting after 
section 2492 the following new section: 
‘‘§ 2492a. Limitation on Department of Defense entities com-
peting with private sector in offering personal 
information services 
‘‘(a) LIMITATION.—(1) Notwithstanding section 2492 of this title, 
the Secretary of Defense may not authorize a Department of Defense 
entity to offer or provide personal information services directly 
to users using Department resources, personnel, or equipment, or 
compete for contracts to provide such personal information services 
directly to users, if users will be charged a fee for the personal 
information services to recover the cost incurred to provide the 
services or to earn a profit. 
‘‘(2) The limitation in paragraph (1) shall not be construed 
to prohibit or preclude the use of Department resources, personnel, 
Contracts. 
Effective date. 
10 USC 1401 
note. 
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123 STAT. 2369 
PUBLIC LAW 111–84—OCT. 28, 2009 
or equipment to administer or facilitate personal information serv-
ices contracts with private contractors. 
‘‘(b) EXCEPTIONS.—The limitation in subsection (a) shall not 
apply if the Secretary of Defense determines that— 
‘‘(1) a private sector vendor is not available to provide 
the personal information services at specific locations; 
‘‘(2) the interests of the user population would be best 
served by allowing the Government to provide such services; 
or 
‘‘(3) circumstances (as specified by the Secretary for pur-
poses of this section) are such that the provision of such services 
by a Department entity is in the best interest of the Govern-
ment or military users in general. 
‘‘(c) PERSONAL INFORMATION SERVICES DEFINED.—In this sec-
tion, the term ‘personal information services’ means the provision 
of Internet, telephone, or television services to consumers.’’. 
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of such subchapter is amended by inserting after section 
2492 the following new item: 
‘‘2492a. Limitation on Department of Defense entities competing with private sector 
in offering personal information services.’’. 
(c) EFFECT ON EXISTING CONTRACTS.—Section 2492a of title 
10, United States Code, as added by subsection (a), does not affect 
the validity or terms of any contract for the provision of personal 
information services entered into before the date of the enactment 
of this Act. 
SEC. 652. REPORT ON IMPACT OF PURCHASING FROM LOCAL 
DISTRIBUTORS ALL ALCOHOLIC BEVERAGES FOR RESALE 
ON MILITARY INSTALLATIONS ON GUAM. 
(a) REPORT REQUIRED.—Not later than 180 days after the date 
of the enactment of this Act, the Comptroller General shall submit 
to the Committees on Armed Services of the Senate and the House 
of Representatives a report evaluating the impact of reimposing 
the requirement, effective for fiscal year 2008 pursuant to section 
8073 of the Department of Defense Appropriations Act, 2008 (divi-
sion A of Public Law 110–116; 121 Stat. 1331) but not extended 
for fiscal year 2009, that all alcoholic beverages intended for resale 
on military installations on Guam be purchased from local sources. 
(b) ELEMENTS.—The report required by subsection (a) shall 
include the following: 
(1) The concerns of nonappropriated funds activities over 
the one-year imposition of the local-purchase requirement and 
the impact the requirement had on alcohol resale prices. 
(2) The stated justification for any change in the price 
of alcoholic beverages for resale on military installations on 
Guam. 
(3) The actions of the nonappropriated fund activities in 
complying with the local purchase requirements for resale of 
alcoholic beverages and their purchase of such affected products 
before and after the effective date of the provision of law 
referred to in subsection (a). 
(4) The extent to which nonappropriated funds activities 
on military installations on Guam are implementing the 
applicable Department of Defense instruction and the methods 
used to determine the resale price of alcoholic beverages. 
10 USC 2492a 
note. 
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123 STAT. 2370 
PUBLIC LAW 111–84—OCT. 28, 2009 
Subtitle F—Other Matters 
SEC. 661. LIMITATIONS ON COLLECTION OF OVERPAYMENTS OF PAY 
AND ALLOWANCES ERRONEOUSLY PAID TO MEMBERS. 
(a) MAXIMUM
MONTHLY
PERCENTAGE
OF
MEMBER’S
PAY 
AUTHORIZED FOR DEDUCTION.—Paragraph (3) of subsection (c) of 
section 1007 of title 37, United States Code, is amended by striking 
‘‘20 percent’’ and inserting ‘‘15 percent’’. 
(b) REQUESTS FOR DELAY IN REPAYMENT.—Such paragraph is 
further amended— 
(1) by inserting ‘‘(A)’’ after ‘‘(3)’’; and 
(2) by adding at the end the following new subparagraph: 
‘‘(B) In all cases described in subparagraph (A), the Secretary 
concerned shall provide a reasonable opportunity for the member 
to request a delay in the imposition of the repayment requirement 
to recover the indebtedness. Before beginning collection efforts, 
the Secretary concerned shall consider the reasons provided by 
the member for the requested delay, including the financial ability 
of the member to repay the indebtedness, and the hardship that 
immediate collection would impose on the member and the mem-
ber’s dependents.’’. 
(c) DELAY IN INSTITUTING COLLECTIONS FROM WOUNDED OR 
INJURED MEMBERS.—Paragraph (4) of such subsection is amended 
to read as follows: 
‘‘(4)(A) If a member of the uniformed services, through no 
fault of the member, incurs a wound, injury, or illness while in 
the line of duty in a combat operation or combat zone designated 
by the President or the Secretary of Defense, any overpayment 
of pay or allowances made to the member while the member 
recovers from the wound, injury, or illness may not be deducted 
from the member’s pay until— 
‘‘(i) the member is notified of the overpayment; and 
‘‘(ii) the later of the following occurs: 
‘‘(I) The end of the 180-day period beginning on the 
date of the completion of the tour of duty of the member 
in the combat operation or combat zone. 
‘‘(II) The end of the 90-day period beginning on the 
date of the reassignment of the member from a military 
treatment facility or other medical unit outside of the the-
ater of operations. 
‘‘(B) Subparagraph (A) shall not apply if the member, after 
receiving notification of the overpayment, requests or consents to 
initiation at an earlier date of the collection of the overpayment 
of the pay or allowances.’’. 
(d) EFFECTIVE DATE.—The amendments made by this section 
shall apply only with respect to an overpayment of pay or allowances 
made to a member of the uniformed services after the date of 
the enactment of this Act. 
SEC. 662. SENSE OF CONGRESS ON AIRFARES FOR MEMBERS OF THE 
ARMED FORCES. 
It is the sense of Congress that— 
(1) all United States commercial air carriers should seek 
to lend their support with flexible, generous policies applicable 
to members of the Armed Forces who are traveling on leave 
or liberty at their own expense; and 
37 USC 1007 
note. 
Time periods. 
Notification. 
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123 STAT. 2371 
PUBLIC LAW 111–84—OCT. 28, 2009 
(2) each United States air carrier, for all members of the 
Armed Forces who have been granted leave or liberty and 
who are traveling by air at their own expense, should— 
(A) seek to provide reduced air fares that are com-
parable to the lowest airfare for ticketed flights and that 
eliminate to the maximum extent possible advance pur-
chase requirements; 
(B) seek to eliminate change fees or charges and any 
penalties; 
(C) seek to eliminate or reduce baggage and excess 
weight fees; 
(D) offer flexible terms that allow members to pur-
chase, modify, or cancel tickets without time restrictions, 
and to waive fees (including baggage fees), ancillary costs, 
or penalties; and 
(E) seek to take proactive measures to ensure that 
all airline employees, particularly those who issue tickets 
and respond to members of the Armed Forces and their 
family members, are trained in the policies of the airline 
aimed at benefitting members of the Armed Forces who 
are on leave. 
SEC. 663. SENSE OF CONGRESS ON ESTABLISHMENT OF FLEXIBLE 
SPENDING ARRANGEMENTS FOR THE UNIFORMED SERV-
ICES. 
(a) IN GENERAL.—It is the sense of Congress that the Secretary 
of Defense, with respect to members of the Army, Navy, Marine 
Corps, and Air Force, the Secretary of Homeland Security, with 
respect to members of the Coast Guard, the Secretary of Health 
and Human Services, with respect to commissioned officers of the 
Public Health Service, and the Secretary of Commerce, with respect 
to commissioned officers of the National Oceanic and Atmospheric 
Administration, should establish procedures to implement flexible 
spending arrangements with respect to basic pay and compensation 
for health care and dependent care on a pre-tax basis in accordance 
with regulations prescribed under sections 106(c) and 125 of the 
Internal Revenue Code of 1986. 
(b) CONSIDERATIONS.—It is the sense of Congress that, in estab-
lishing the procedures described by subsection (a), the Secretary 
of Defense, the Secretary of Homeland Security, the Secretary of 
Health and Human Services, and the Secretary of Commerce should 
consider life events of members of the uniformed services that 
are unique to them as members of the uniformed services, including 
changes relating to permanent changes of duty station and deploy-
ments to overseas contingency operations. 
SEC. 664. SENSE OF CONGRESS REGARDING SUPPORT FOR COMPENSA-
TION, RETIREMENT, AND OTHER MILITARY PERSONNEL 
PROGRAMS. 
It is the sense of Congress that members of the Armed Forces 
and their families and survivors and military retirees deserve 
ongoing recognition and support for their service and sacrifices 
on behalf of the United States, and Congress will continue to 
be vigilant in identifying appropriate direct spending offsets that 
can be used to address shortcomings within those military personnel 
programs that incur mandatory spending obligations. 
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123 STAT. 2372 
PUBLIC LAW 111–84—OCT. 28, 2009 
TITLE VII—HEALTH CARE PROVISIONS 
Subtitle A—Improvements to Health Benefits 
Sec. 701. Prohibition on conversion of military medical and dental positions to civil-
ian medical and dental positions. 
Sec. 702. Health care for members of the reserve components. 
Sec. 703. Enhancement of transitional dental care for members of the reserve com-
ponents on active duty for more than 30 days in support of a contin-
gency operation. 
Sec. 704. Expansion of survivor eligibility under TRICARE dental program. 
Sec. 705. TRICARE Standard coverage for certain members of the Retired Reserve 
who are qualified for a non-regular retirement but are not yet age 60. 
Sec. 706. Constructive eligibility for TRICARE benefits of certain persons otherwise 
ineligible under retroactive determination of entitlement to Medicare 
part A hospital insurance benefits. 
Sec. 707. Notification of certain individuals regarding options for enrollment under 
Medicare part B. 
Sec. 708. Mental health assessments for members of the Armed Forces deployed in 
connection with a contingency operation. 
Sec. 709. Temporary TRICARE inpatient fee modification. 
Subtitle B—Health Care Administration 
Sec. 711. Comprehensive policy on pain management by the military health care 
system. 
Sec. 712. Administration and prescription of psychotropic medications for members 
of the Armed Forces before and during deployment. 
Sec. 713. Cooperative health care agreements between military installations and 
non-military health care systems. 
Sec. 714. Plan to increase the mental health capabilities of the Department of De-
fense. 
Sec. 715. Department of Defense study on management of medications for phys-
ically and psychologically wounded members of the Armed Forces. 
Sec. 716. Limitation on obligation of funds under defense health program informa-
tion technology programs. 
Subtitle C—Other Matters 
Sec. 721. Study and plan to improve military health care. 
Sec. 722. Study, plan, and pilot for the mental health care needs of dependent chil-
dren of members of the Armed Forces. 
Sec. 723. Clinical trial on cognitive rehabilitative therapy for members and former 
members of the Armed Forces. 
Sec. 724. Department of Defense Task Force on the Care, Management, and Tran-
sition of Recovering Wounded, Ill, and Injured Members of the Armed 
Forces. 
Sec. 725. Chiropractic clinical trials. 
Sec. 726. Independent study on post-traumatic stress disorder efforts. 
Sec. 727. Report on implementation of requirements on the relationship between 
the TRICARE program and employer-sponsored group health plans. 
Sec. 728. Report on stipends for members of reserve components for health care for 
certain dependents. 
Subtitle A—Improvements to Health 
Benefits 
SEC. 701. PROHIBITION ON CONVERSION OF MILITARY MEDICAL AND 
DENTAL POSITIONS TO CIVILIAN MEDICAL AND DENTAL 
POSITIONS. 
Subsection (a) of section 721 of the National Defense Authoriza-
tion Act for Fiscal Year 2008 (Public Law 110–181; 122 Stat. 198; 
10 U.S.C. 129c note) is amended— 
(1) by striking ‘‘during the period beginning on’’ and 
inserting ‘‘on or after’’; and 
(2) by striking ‘‘, and ending on September 30, 2012’’. 
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123 STAT. 2373 
PUBLIC LAW 111–84—OCT. 28, 2009 
SEC. 702. HEALTH CARE FOR MEMBERS OF THE RESERVE COMPO-
NENTS. 
Section 1074(d)(1)(B) of title 10, United States Code, is amended 
by striking ‘‘90 days’’ and inserting ‘‘180 days’’. 
SEC. 703. ENHANCEMENT OF TRANSITIONAL DENTAL CARE FOR MEM-
BERS OF THE RESERVE COMPONENTS ON ACTIVE DUTY 
FOR MORE THAN 30 DAYS IN SUPPORT OF A CONTINGENCY 
OPERATION. 
Section 1145(a) of title 10, United States Code, is amended— 
(1) in paragraph (1)— 
(A) in the matter preceding subparagraph (A), by 
striking ‘‘paragraph (3)’’ and inserting ‘‘paragraph (4)’’; and 
(B) in subparagraph (A), by inserting ‘‘except as pro-
vided in paragraph (3),’’ before ‘‘medical and dental care’’; 
(2) by redesignating paragraphs (3), (4), (5), and (6) as 
paragraphs (4), (5), (6), and (7), respectively; 
(3) by inserting after paragraph (2) the following new para-
graph (3): 
‘‘(3) In the case of a member described in paragraph (2)(B), 
the dental care to which the member is entitled under this sub-
section shall be the dental care to which a member of the uniformed 
services on active duty for more than 30 days is entitled under 
section 1074 of this title.’’; 
(4) in paragraph (4), as redesignated by paragraph (2) 
of this section, by striking ‘‘paragraph (6)’’ and inserting ‘‘para-
graph (7)’’; and 
(5) in subparagraph (A) of paragraph (6), as redesignated 
by paragraph (2) of this section, by striking ‘‘paragraph (4)’’ 
and inserting ‘‘paragraph (5)’’. 
SEC. 704. EXPANSION OF SURVIVOR ELIGIBILITY UNDER TRICARE 
DENTAL PROGRAM. 
Paragraph (3) of section 1076a(k) of title 10, United States 
Code, is amended to read as follows: 
‘‘(3) Such term does not include a dependent by reason of 
paragraph (2) after the end of the three-year period beginning 
on the date of the member’s death, except that, in the case of 
a dependent of the deceased who is described by subparagraph 
(D) or (I) of section 1072(2) of this title, the period of continued 
eligibility shall be the longer of the following periods beginning 
on such date: 
‘‘(A) Three years. 
‘‘(B) The period ending on the date on which such 
dependent attains 21 years of age. 
‘‘(C) In the case of such dependent who, at 21 years of 
age, is enrolled in a full-time course of study in a secondary 
school or in a full-time course of study in an institution of 
higher education approved by the administering Secretary and 
was, at the time of the member’s death, in fact dependent 
on the member for over one-half of such dependent’s support, 
the period ending on the earlier of the following dates: 
‘‘(i) The date on which such dependent ceases to pursue 
such a course of study, as determined by the administering 
Secretary. 
‘‘(ii) The date on which such dependent attains 23 
years of age.’’. 
Time periods. 
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123 STAT. 2374 
PUBLIC LAW 111–84—OCT. 28, 2009 
SEC. 705. TRICARE STANDARD COVERAGE FOR CERTAIN MEMBERS 
OF THE RETIRED RESERVE WHO ARE QUALIFIED FOR A 
NON-REGULAR RETIREMENT BUT ARE NOT YET AGE 60. 
(a) IN GENERAL.—Chapter 55 of title 10, United States Code, 
is amended by inserting after section 1076d the following new 
section: 
‘‘§ 1076e. TRICARE program: TRICARE Standard coverage 
for certain members of the Retired Reserve who 
are qualified for a non-regular retirement but are 
not yet age 60 
‘‘(a) ELIGIBILITY.—(1) Except as provided in paragraph (2), a 
member of the Retired Reserve of a reserve component of the 
armed forces who is qualified for a non-regular retirement at age 
60 under chapter 1223 of this title, but is not age 60, is eligible 
for health benefits under TRICARE Standard as provided in this 
section. 
‘‘(2) Paragraph (1) does not apply to a member who is enrolled, 
or is eligible to enroll, in a health benefits plan under chapter 
89 of title 5. 
‘‘(b) TERMINATION
OF ELIGIBILITY UPON OBTAINING OTHER 
TRICARE 
STANDARD
COVERAGE.—Eligibility 
for 
TRICARE 
Standard coverage of a member under this section shall terminate 
upon the member becoming eligible for TRICARE Standard coverage 
at age 60 under section 1086 of this title. 
‘‘(c) FAMILY MEMBERS.—While a member of a reserve component 
is covered by TRICARE Standard under this section, the members 
of the immediate family of such member are eligible for TRICARE 
Standard coverage as dependents of the member. If a member 
of a reserve component dies while in a period of coverage under 
this section, the eligibility of the members of the immediate family 
of such member for TRICARE Standard coverage under this section 
shall continue for the same period of time that would be provided 
under section 1086 of this title if the member had been eligible 
at the time of death for TRICARE Standard coverage under such 
section (instead of under this section). 
‘‘(d) PREMIUMS.—(1) A member of a reserve component covered 
by TRICARE Standard under this section shall pay a premium 
for that coverage. 
‘‘(2) The Secretary of Defense shall prescribe for the purposes 
of this section one premium for TRICARE Standard coverage of 
members without dependents and one premium for TRICARE 
Standard coverage of members with dependents referred to in sub-
section (f)(1). The premium prescribed for a coverage shall apply 
uniformly to all members of the reserve components covered under 
this section. 
‘‘(3) The monthly amount of the premium in effect for a month 
for TRICARE Standard coverage under this section shall be the 
amount equal to the cost of coverage that the Secretary determines 
on an appropriate actuarial basis. 
‘‘(4) The Secretary shall prescribe the requirements and proce-
dures applicable to the payment of premiums under this subsection. 
‘‘(5) Amounts collected as premiums under this subsection shall 
be credited to the appropriation available for the Defense Health 
Program Account under section 1100 of this title, shall be merged 
with sums in such Account that are available for the fiscal year 
Procedures. 
Applicability. 
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123 STAT. 2375 
PUBLIC LAW 111–84—OCT. 28, 2009 
in which collected, and shall be available under subsection (b) 
of such section for such fiscal year. 
‘‘(e) REGULATIONS.—The Secretary of Defense, in consultation 
with the other administering Secretaries, shall prescribe regulations 
for the administration of this section. 
‘‘(f) DEFINITIONS.—In this section: 
‘‘(1) The term ‘immediate family’, with respect to a member 
of a reserve component, means all of the member’s dependents 
described in subparagraphs (A), (D), and (I) of section 1072(2) 
of this title. 
‘‘(2) The term ‘TRICARE Standard’ means— 
‘‘(A) medical care to which a dependent described in 
section 1076(b)(1) of this title is entitled; and 
‘‘(B) health benefits contracted for under the authority 
of section 1086(a) of this title and subject to the same 
rates and conditions as apply to persons covered under 
that section.’’. 
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of such chapter is amended by inserting after the item relating 
to section 1076d the following new item: 
‘‘1076e. TRICARE program: TRICARE Standard coverage for certain members of the 
Retired Reserve who are qualified for a non-regular retirement but are 
not yet age 60.’’. 
(c) EFFECTIVE DATE.—Section 1076e of title 10, United States 
Code, as inserted by subsection (a), shall apply to coverage for 
months beginning on or after October 1, 2009, or such earlier 
date as the Secretary of Defense may specify. 
SEC. 706. CONSTRUCTIVE ELIGIBILITY FOR TRICARE BENEFITS OF 
CERTAIN 
PERSONS 
OTHERWISE 
INELIGIBLE 
UNDER 
RETROACTIVE DETERMINATION OF ENTITLEMENT TO 
MEDICARE PART A HOSPITAL INSURANCE BENEFITS. 
Section 1086(d) of title 10, United States Code, is amended— 
(1) by redesignating paragraph (4) as paragraph (5); and 
(2) by inserting after paragraph (3) the following new para-
graph (4): 
‘‘(4)(A) If a person referred to in subsection (c) and described 
by paragraph (2)(B) is subject to a retroactive determination by 
the Social Security Administration of entitlement to hospital insur-
ance benefits described in paragraph (1), the person shall, during 
the period described in subparagraph (B), be deemed for purposes 
of health benefits under this section— 
‘‘(i) not to have been covered by paragraph (1); and 
‘‘(ii) not to have been subject to the requirements of section 
1079(j)(1) of this title, whether through the operation of such 
section or subsection (g) of this section. 
‘‘(B) The period described in this subparagraph with respect 
to a person covered by subparagraph (A) is the period that— 
‘‘(i) begins on the date that eligibility of the person for 
hospital insurance benefits referred to in paragraph (1) is effec-
tive under the retroactive determination of eligibility with 
respect to the person as described in subparagraph (A); and 
‘‘(ii) ends on the date of the issuance of such retroactive 
determination of eligibility by the Social Security Administra-
tion.’’. 
10 USC 1076e 
note. 
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123 STAT. 2376 
PUBLIC LAW 111–84—OCT. 28, 2009 
SEC. 707. NOTIFICATION OF CERTAIN INDIVIDUALS REGARDING 
OPTIONS FOR ENROLLMENT UNDER MEDICARE PART B. 
(a) IN GENERAL.—Chapter 55 of title 10, United States Code, 
is amended by adding at the end the following new section: 
‘‘§ 1110a. Notification of certain individuals regarding 
options for enrollment under Medicare part B 
‘‘(a) IN GENERAL.—(1) As soon as practicable, the Secretary 
of Defense shall notify each individual described in subsection (b)— 
‘‘(A) that the individual is no longer eligible for health 
care benefits under the TRICARE program under this chapter; 
and 
‘‘(B) of options available for enrollment of the individual 
in the supplementary medical insurance program under part 
B of title XVIII of the Social Security Act (42 U.S.C. 1395j 
et seq.). 
‘‘(2) In carrying out this subsection, the Secretary of Defense 
shall— 
‘‘(A) establish procedures for identifying individuals 
described in subsection (b); and 
‘‘(B) consult with the Secretary of Health and Human Serv-
ices to accurately identify and notify such individuals. 
‘‘(b) INDIVIDUALS DESCRIBED.—An individual described in this 
subsection is an individual who is— 
‘‘(1) a covered beneficiary; 
‘‘(2) entitled to benefits under part A of title XVIII of 
the Social Security Act (42 U.S.C. 1395c) under section 226(b) 
or section 226A of such Act (42 U.S.C. 426(b) and 426–1); 
and 
‘‘(3) eligible to enroll in the supplementary medical insur-
ance program under part B of such title (42 U.S.C. 1395j 
et seq.).’’. 
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of such chapter is amended by inserting after the item relating 
to section 1110 the following new item: 
‘‘1110a. Notification of certain individuals regarding options for enrollment under 
Medicare part B.’’. 
SEC. 708. MENTAL HEALTH ASSESSMENTS FOR MEMBERS OF THE 
ARMED FORCES DEPLOYED IN CONNECTION WITH A 
CONTINGENCY OPERATION. 
(a) MENTAL HEALTH ASSESSMENTS.— 
(1) IN GENERAL.—Not later than 180 days after the date 
of the enactment of this Act, the Secretary of Defense shall 
issue guidance for the provision of a person-to-person mental 
health assessment for each member of the Armed Forces who 
is deployed in connection with a contingency operation as fol-
lows: 
(A) At a time during the period beginning 60 days 
before the date of deployment in connection with the contin-
gency operation. 
(B) At a time during the period beginning 90 days 
after the date of redeployment from the contingency oper-
ation and ending 180 days after the date of redeployment 
from the contingency operation. 
Deadline. 
Guidance. 
Time periods. 
10 USC 1074f 
note. 
Consultation. 
Procedures. 
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123 STAT. 2377 
PUBLIC LAW 111–84—OCT. 28, 2009 
(C) Subject to subsection (d), not later than each of 
6 months, 12 months, and 24 months after return from 
deployment. 
(2) EXCLUSION
OF
CERTAIN
MEMBERS.—A mental health 
assessment is not required for a member of the Armed Forces 
under subparagraphs (B) and (C) of paragraph (1) if the Sec-
retary determines that the member was not subjected or 
exposed to operational risk factors during deployment in the 
contingency operation concerned. 
(b) PURPOSE.—The purpose of the mental health assessments 
provided pursuant to this section shall be to identify post-traumatic 
stress disorder, suicidal tendencies, and other behavioral health 
conditions identified among members of the Armed Forces described 
in subsection (a) in order to determine which such members are 
in need of additional care and treatment for such health conditions. 
(c) ELEMENTS.— 
(1) IN GENERAL.—The mental health assessments provided 
pursuant to this section shall— 
(A) be performed by personnel trained and certified 
to perform such assessments and may be performed by 
licensed mental health professionals if such professionals 
are available and the use of such professionals for the 
assessments would not impair the capacity of such profes-
sionals to perform higher priority tasks; 
(B) include a person-to-person dialogue between mem-
bers of the Armed Forces described in subsection (a) and 
the professionals or personnel described by paragraph (1), 
as applicable, on such matters as the Secretary shall specify 
in order that the assessments achieve the purpose specified 
in subsection (b) for such assessments; 
(C) be conducted in a private setting to foster trust 
and openness in discussing sensitive health concerns; and 
(D) be provided in a consistent manner across the 
military departments. 
(2) TREATMENT OF CURRENT ASSESSMENTS.—The Secretary 
may treat periodic health assessments and other person-to- 
person assessments that are provided to members of the Armed 
Forces as of the date of the enactment of this Act as meeting 
the requirements for mental health assessments required under 
this section if the Secretary determines that such assessments 
and person-to-person assessments meet the requirements for 
mental health assessments established by this section. 
(d) CESSATION OF ASSESSMENTS.—No mental health assessment 
is required to be provided to an individual under subsection (a)(1)(C) 
after the individual’s discharge or release from the Armed Forces. 
(e) SHARING OF INFORMATION.— 
(1) IN
GENERAL.—The Secretary of Defense shall share 
with the Secretary of Veterans Affairs such information on 
members of the Armed Forces that is derived from confidential 
mental health assessments, including mental health assess-
ments provided pursuant to this section and health assessments 
and other person-to-person assessments provided before the 
date of the enactment of this Act, as the Secretary of Defense 
and the Secretary of Veterans Affairs jointly consider appro-
priate to ensure continuity of mental health care and treatment 
of members of the Armed Forces during their transition from 
health care and treatment provided by the Department of 
Deadline. 
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123 STAT. 2378 
PUBLIC LAW 111–84—OCT. 28, 2009 
Defense to health care and treatment provided by the Depart-
ment of Veterans Affairs. 
(2) PROTOCOLS.—Any sharing of information under para-
graph (1) shall occur pursuant to a protocol jointly established 
by the Secretary of Defense and the Secretary of Veterans 
Affairs for purposes of this subsection. Any such protocol shall 
be consistent with the following: 
(A) Applicable provisions of the Wounded Warrior Act 
(title XVI of Public Law 110–181; 10 U.S.C. 1071 note), 
including in particular, section 1614 of that Act (122 Stat. 
443; 10 U.S.C. 1071 note). 
(B) Section 1720F of title 38, United States Code. 
(f) CONTINGENCY OPERATION DEFINED.—In this section, the 
term ‘‘contingency operation’’ has the meaning given that term 
in section 101(a)(13) of title 10, United States Code. 
(g) REPORTS.— 
(1) REPORT ON GUIDANCE.—Upon the issuance of the guid-
ance required by subsection (a), the Secretary of Defense shall 
submit to Congress a report describing the guidance. 
(2) REPORTS ON IMPLEMENTATION OF GUIDANCE.— 
(A) INITIAL REPORT.—Not later than 270 days after 
the date of the issuance of the guidance, the Secretary 
shall submit to Congress an initial report on the 
implementation of the guidance by the military depart-
ments. 
(B) SUBSEQUENT REPORT.—Not later than two years 
after the date of the issuance of the guidance, the Secretary 
shall submit to Congress a report on the implementation 
of the guidance by the military departments. The report 
shall include an evidence-based assessment of the effective-
ness of the mental health assessments provided pursuant 
to the guidance in achieving the purpose specified in sub-
section (b) for such assessments. 
SEC. 709. TEMPORARY TRICARE INPATIENT FEE MODIFICATION. 
Section 1086(b)(3) of title 10, United States Code, is amended 
by striking ‘‘September 30, 2009’’ and inserting ‘‘September 30, 
2010’’. 
Subtitle B—Health Care Administration 
SEC. 711. COMPREHENSIVE POLICY ON PAIN MANAGEMENT BY THE 
MILITARY HEALTH CARE SYSTEM. 
(a) COMPREHENSIVE POLICY REQUIRED.—Not later than March 
31, 2011, the Secretary of Defense shall develop and implement 
a comprehensive policy on pain management by the military health 
care system. 
(b) SCOPE OF POLICY.—The policy required by subsection (a) 
shall cover each of the following: 
(1) The management of acute and chronic pain. 
(2) The standard of care for pain management to be used 
throughout the Department of Defense. 
(3) The consistent application of pain assessments through-
out the Department of Defense. 
Deadline. 
10 USC 1071 
note. 
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123 STAT. 2379 
PUBLIC LAW 111–84—OCT. 28, 2009 
(4) The assurance of prompt and appropriate pain care 
treatment and management by the Department when medically 
necessary. 
(5) Programs of research related to acute and chronic pain, 
including pain attributable to central and peripheral nervous 
system damage characteristic of injuries incurred in modern 
warfare, brain injuries, and chronic migraine headache. 
(6) Programs of pain care education and training for health 
care personnel of the Department. 
(7) Programs of patient education for members suffering 
from acute or chronic pain and their families. 
(c) UPDATES.—The Secretary shall revise the policy required 
by subsection (a) on a periodic basis in accordance with experience 
and evolving best practice guidelines. 
(d) ANNUAL REPORT.— 
(1) IN GENERAL.—Not later than 180 days after the date 
of the commencement of the implementation of the policy 
required by subsection (a), and on October 1 each year there-
after through 2018, the Secretary shall submit to the Committee 
on Armed Services of the Senate and the Committee on Armed 
Services of the House of Representatives a report on the policy. 
(2) ELEMENTS.—Each report required by paragraph (1) 
shall include the following: 
(A) A description of the policy implemented under sub-
section (a), and any revisions to such policy under sub-
section (c). 
(B) A description of the performance measures used 
to determine the effectiveness of the policy in improving 
pain care for beneficiaries enrolled in the military health 
care system. 
(C) An assessment of the adequacy of Department pain 
management services based on a current survey of patients 
managed in Department clinics. 
(D) An assessment of the research projects of the 
Department relevant to the treatment of the types of acute 
and chronic pain suffered by members of the Armed Forces 
and their families. 
(E) An assessment of the training provided to Depart-
ment health care personnel with respect to the diagnosis, 
treatment, and management of acute and chronic pain. 
(F) An assessment of the pain care education programs 
of the Department. 
(G) An assessment of the dissemination of information 
on pain management to beneficiaries enrolled in the mili-
tary health care system. 
SEC. 712. ADMINISTRATION AND PRESCRIPTION OF PSYCHOTROPIC 
MEDICATIONS FOR MEMBERS OF THE ARMED FORCES 
BEFORE AND DURING DEPLOYMENT. 
(a) REPORT REQUIRED.—Not later than October 1, 2010, the 
Secretary of Defense shall submit to the congressional defense 
committees a report on the implementation of policy guidance dated 
November 7, 2006, regarding deployment-limiting psychiatric condi-
tions and medications. 
(b) POLICY REQUIRED.—Not later than October 1, 2010, the 
Secretary shall establish and implement a policy for the use of 
Deadline. 
10 USC 1074f 
note. 
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123 STAT. 2380 
PUBLIC LAW 111–84—OCT. 28, 2009 
psychotropic medications for deployed members of the Armed 
Forces. The policy shall, at a minimum, address the following: 
(1) The circumstances or diagnosed conditions for which 
such medications may be administered or prescribed. 
(2) The medical personnel who may administer or prescribe 
such medications. 
(3) The method in which the administration or prescription 
of such medications will be documented in the medical records 
of members of the Armed Forces. 
(4) The exam, treatment, or other care that is required 
following the administration or prescription of such medica-
tions. 
SEC. 713. COOPERATIVE HEALTH CARE AGREEMENTS BETWEEN MILI-
TARY INSTALLATIONS AND NON-MILITARY HEALTH CARE 
SYSTEMS. 
(a) AUTHORITY.—The Secretary of Defense may establish 
cooperative health care agreements between military installations 
and local or regional health care systems. 
(b) REQUIREMENTS.—In establishing an agreement under sub-
section (a), the Secretary shall— 
(1) consult with— 
(A) the Secretary of the military department concerned; 
(B) representatives from the military installation 
selected for the agreement, including the TRICARE man-
aged care support contractor with responsibility for such 
installation; and 
(C) Federal, State, and local government officials; 
(2) identify and analyze health care services available in 
the area in which the military installation is located, including 
such services available at a military medical treatment facility 
or in the private sector (or a combination thereof); 
(3) determine the cost avoidance or savings resulting from 
innovative partnerships between the Department of Defense 
and the private sector; and 
(4) determine the opportunities for and barriers to coordi-
nating and leveraging the use of existing health care resources, 
including such resources of Federal, State, local, and private 
entities. 
(c) ANNUAL REPORTS.—Not later than December 31 of each 
year an agreement entered into under this section is in effect, 
the Secretary shall submit to the congressional defense committees 
a report on each such agreement. Each report shall include, at 
a minimum, the following: 
(1) A description of the agreement. 
(2) Any cost avoidance, savings, or increases as a result 
of the agreement. 
(3) A recommendation for continuing or ending the agree-
ment. 
(d) RULE OF CONSTRUCTION.—Nothing in this section shall be 
construed as authorizing the provision of health care services at 
military medical treatment facilities or other facilities of the Depart-
ment of Defense to individuals who are not otherwise entitled 
or eligible for such services under chapter 55 of title 10, United 
States Code. 
Determination. 
Determination. 
Consultation. 
10 USC 1073 
note. 
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123 STAT. 2381 
PUBLIC LAW 111–84—OCT. 28, 2009 
SEC. 714. PLAN TO INCREASE THE MENTAL HEALTH CAPABILITIES 
OF THE DEPARTMENT OF DEFENSE. 
(a) INCREASED AUTHORIZATIONS.—Not later than 180 days after 
the date of the enactment of this Act, the Secretary of each military 
department shall increase the number of active duty mental health 
personnel authorized for the department under the jurisdiction 
of the Secretary in an amount equal to the sum of the following 
amounts: 
(1) The greater of— 
(A) the amount identified on personnel authorization 
documents as required but not authorized to be filled; 
or 
(B) the amount that is 25 percent of the amount identi-
fied on personnel authorization documents as authorized. 
(2) The amount required to fulfill the requirements of sec-
tion 708, as determined by the Secretary concerned. 
(b) REPORT AND PLAN ON THE REQUIRED NUMBER OF MENTAL 
HEALTH PERSONNEL.— 
(1) IN GENERAL.—Not later than one year after the date 
of the enactment of this Act, the Secretary of Defense shall 
submit to the congressional defense committees a report on 
the appropriate number of mental health personnel required 
to meet the mental health care needs of members of the Armed 
Forces, retired members, and dependents. The report shall 
include, at a minimum, the following: 
(A) An evaluation of the recommendation titled 
‘‘Ensure an Adequate Supply of Uniformed Providers’’ made 
by the Department of Defense Task Force on Mental Health 
established by section 723 of the National Defense 
Authorization Act for Fiscal Year 2006 (Public Law 109– 
163; 119 Stat. 3348). 
(B) The criteria and models used to determine the 
appropriate number of mental health personnel. 
(C) The plan under paragraph (2). 
(2) PLAN.—The Secretary shall develop and implement a 
plan to significantly increase the number of military and 
civilian mental health personnel of the Department of Defense 
by September 30, 2013. The plan may include the following: 
(A) The allocation of scholarships and financial assist-
ance under the Health Professions Scholarship and Finan-
cial Assistance Program under subchapter I of chapter 
105 of title 10, United States Code, to students pursuing 
advanced degrees in clinical psychology and other mental 
health professions. 
(B) The offering of accession and retention bonuses 
for psychologists pursuant to section 620 of the Duncan 
Hunter National Defense Authorization Act for Fiscal Year 
2009 (Public Law 110–417; 122 Stat. 4489). 
(C) An expansion of the capacity for training doctoral- 
level clinical psychologists at the Uniformed Services 
University of the Health Sciences. 
(D) An expansion of the capacity of the Department 
of Defense for training masters-level clinical psychologists 
and social workers with expertise in deployment-related 
mental health disorders, such as post-traumatic stress dis-
order. 
Deadline. 
10 USC 1071 
note. 
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123 STAT. 2382 
PUBLIC LAW 111–84—OCT. 28, 2009 
(E) The detail of commissioned officers of the Armed 
Forces to accredited schools of psychology for training 
leading to a doctoral degree in clinical psychology or social 
work. 
(F) The reassignment of military mental health per-
sonnel from administrative positions to clinical positions 
in support of military units. 
(G) The offering of civilian hiring incentives and 
bonuses and the use of direct hiring authority to increase 
the number of mental health personnel of the Department 
of Defense. 
(H) Such other mechanisms to increase the number 
of mental health personnel of the Department of Defense 
as the Secretary considers appropriate. 
(c) REPORT ON ADDITIONAL OFFICER OR ENLISTED MILITARY 
SPECIALTIES FOR MENTAL HEALTH.— 
(1) REPORT.—Not later than 120 days after the date of 
the enactment of this Act, the Secretary shall submit to the 
congressional defense committees a report setting forth the 
assessment of the Secretary of the feasability and advisability 
of establishing one or more military mental health specialities 
for officers or enlisted members of the Armed Forces in order 
to better meet the mental health care needs of members of 
the Armed Forces and their families. 
(2) ELEMENTS.—The report required by paragraph (1) shall 
set forth the following: 
(A) A recommendation as to the feasability and advis-
ability of establishing one or more military mental health 
specialities for officers or enlisted members of the Armed 
Forces. 
(B) For each military specialty recommended to be 
established under subparagraph (A)— 
(i) a description of the qualifications required for 
such speciality, which shall reflect lessons learned from 
best practices in academia and the civilian health care 
industry regarding positions analogous to such spe-
cialty; and 
(ii) a description of the incentives or other mecha-
nisms, if any, that would be advisable to facilitate 
recruitment and retention of individuals to and in such 
specialty. 
SEC. 715. DEPARTMENT OF DEFENSE STUDY ON MANAGEMENT OF 
MEDICATIONS FOR PHYSICALLY AND PSYCHOLOGICALLY 
WOUNDED MEMBERS OF THE ARMED FORCES. 
(a) STUDY REQUIRED.—The Secretary of Defense shall conduct 
a study on the management of medications for physically and 
psychologically wounded members of the Armed Forces. 
(b) ELEMENTS.—The study required under subsection (a) shall 
include the following: 
(1) A review and assessment of current practices within 
the Department of Defense for the management of medications 
for physically and psychologically wounded members of the 
Armed Forces. 
(2) A review and analysis of the published literature on 
the risks associated with the administration of medications, 
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123 STAT. 2383 
PUBLIC LAW 111–84—OCT. 28, 2009 
including accidental and intentional overdoses, under and over 
medication, and adverse interactions among medications. 
(3) An identification of the medical conditions, and of the 
patient management procedures of the Department of Defense, 
that may increase the risks associated with the administration 
of medications in populations of members of the Armed Forces. 
(4) An assessment of current and best practices in the 
Armed Forces, other departments and agencies of the Federal 
Government, and the private sector concerning the prescription, 
distribution, and management of medications, and the associ-
ated coordination of care. 
(5) An identification of means for decreasing the risks 
associated with the administration of medications and associ-
ated problems with respect to physically and psychologically 
wounded members of the Armed Forces. 
(c) REPORT.—Not later than April 1, 2010, the Secretary of 
Defense shall submit to the Committees on Armed Services of 
the Senate and the House of Representatives a report on the study 
required under subsection (a). The report shall include such findings 
and recommendations as the Secretary considers appropriate in 
light of the study. 
SEC. 716. LIMITATION ON OBLIGATION OF FUNDS UNDER DEFENSE 
HEALTH PROGRAM INFORMATION TECHNOLOGY PRO-
GRAMS. 
(a) LIMITATION.—Of each amount described in subsection (c), 
not more than 50 percent of the amount remaining unobligated 
as of the date of the enactment of this Act may be obligated 
until 30 days after the Deputy Secretary of Defense, acting in 
the capacity of Chief Management Officer of the Department of 
Defense pursuant to section 132 of title 10, United States Code, 
submits to the congressional defense committees a report in accord-
ance with subsection (b). 
(b) REPORT.—The report required under subsection (a) shall 
be on improvements to the governance and execution of health 
information management and information technology programs 
planned and programmed to electronically support clinical medical 
care within the military health system. Such report shall include 
each of the following: 
(1) An assessment of the capability of the enterprise 
architecture to achieve optimal clinical practices and health 
care outcomes. 
(2) For each health information management and informa-
tion technology program covered by the report, an identification 
and assessment of the risks associated with achieving the 
timelines and goals of the program. 
(3) A plan of action to mitigate the risks identified under 
paragraph (2). 
(4) An assessment of the appropriateness of the health 
information management and information technology technical 
architecture and whether that architecture leverages the cur-
rent best practices of industry, including the ability to meet 
the interoperability standards required by section 1635 of the 
Wounded Warrior Act (title XVI of Public Law 110–181; 10 
U.S.C. 1071 note), as amended by section 252 of the Duncan 
Hunter National Defense Authorization Act for Fiscal Year 
for 2009 (Public Law 110-417; 122 Stat. 4400). 
Deadline. 
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123 STAT. 2384 
PUBLIC LAW 111–84—OCT. 28, 2009 
(5) An assessment, in coordination with the Secretary of 
Veterans Affairs, of— 
(A) the capability of the Department of Defense of 
meeting the requirements for joint interoperability with 
the Department of Veterans Affairs, as required by such 
section 1635; and 
(B) the progress the Secretary of Defense and the Sec-
retary of Veterans Affairs have made on the establishment 
of a joint virtual lifetime electronic record for members 
of the Armed Forces. 
(6) A plan to take corrective actions that are necessary 
to remedy shortfalls identified as a result of the assessments 
under this subsection. 
(7) An assessment of the estimated resources required in 
future years to achieve optimal information technology support 
for health care clinical practice and quality and compliance 
with the requirements of such section 1635. 
(8) An analysis of the methods by which the Office of 
the Assistant Secretary of Defense for Health Affairs procures 
health information management and information technology 
goods and services, and of the appropriateness of the application 
of legal and acquisition authorities. 
(9) An analysis of the capabilities of the Office of the 
Assistant Secretary of Defense for Health Affairs to carry out 
necessary governance, management, and development functions 
of health information management and information technology 
systems, including— 
(A) the recommendations of the Assistant Secretary 
for improvements to the Office or alternative organizational 
structures for the Office; and 
(B) alternative organizations within the Department 
of Defense with equal or greater management capabilities 
for health information management and information tech-
nology. 
(10) A recommendation as to whether health information 
management and information technology systems of the Depart-
ment of Defense should be included in and subject to the 
requirements of section 2222 of title 10, United States Code. 
(c) COVERED AUTHORIZATIONS OR APPROPRIATIONS.—Amounts 
described in this section are the following amounts authorized to 
be appropriated for the Department of Defense for fiscal year 2010: 
(1) Of the amounts authorized to be appropriated for oper-
ation and maintenance for the Defense Health Program (DHP 
IM/IT Support Program), $116,200,000. 
(2) Of the amounts authorized to be appropriated for 
procurement for the Defense Health Program, $144,600,000. 
(3) Of the amounts authorized to be appropriated for 
information technology development (program element 65013), 
$124,400,000. 
(d) COMPTROLLER GENERAL REVIEW.—Not later than 30 days 
after the Deputy Secretary submits the report required under sub-
section (a), the Comptroller General of the United States shall 
submit to the congressional defense committees the results of an 
assessment carried out by the Comptroller General of the report 
and plan of action to achieve Department goals and mitigate risk 
in the management and execution of health information manage-
ment and information technology programs. 
Deadline. 
Assessment. 
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123 STAT. 2385 
PUBLIC LAW 111–84—OCT. 28, 2009 
Subtitle C—Other Matters 
SEC. 721. STUDY AND PLAN TO IMPROVE MILITARY HEALTH CARE. 
(a) STUDY AND REPORT REQUIRED.—Not later than one year 
after the date of the enactment of this Act, the Secretary of Defense 
shall submit to the congressional defense committees a report on 
the health care needs of dependents (as defined in section 1072(2) 
of title 10, United States Code). The report shall include, at a 
minimum, the following: 
(1) With respect to both the direct care system and the 
purchased care system, an analysis of the type of health care 
facility in which dependents seek care. 
(2) The 10 most common medical conditions for which 
dependents seek care. 
(3) The availability of and access to health care providers 
to treat the conditions identified under paragraph (2), both 
in the direct care system and the purchased care system. 
(4) Any shortfalls in the ability of dependents to obtain 
required health care services. 
(5) Recommendations on how to improve access to care 
for dependents. 
(6) With respect to dependents accompanying a member 
stationed at a military installation outside of the United States, 
the need for and availability of mental health care services. 
(b) ENHANCED
MILITARY
HEALTH
SYSTEM
AND
IMPROVED 
TRICARE.— 
(1) IN GENERAL.—The Secretary of Defense, in consultation 
with the other administering Secretaries, shall undertake 
actions to enhance the capability of the military health system 
and improve the TRICARE program. 
(2) ELEMENTS.—In undertaking actions to enhance the 
capability of the military health system and improve the 
TRICARE program under paragraph (1), the Secretary shall 
consider the following actions: 
(A) Actions to guarantee the availability of care within 
established access standards for eligible beneficiaries, based 
on the results of the study required by subsection (a). 
(B) Actions to expand and enhance sharing of health 
care resources among Federal health care programs, 
including designated providers (as that term is defined 
in section 721(5) of the National Defense Authorization 
Act for Fiscal Year 1997 (Public Law 104-201; 110 Stat. 
2593; 10 U.S.C. 1073 note)). 
(C) Actions using medical technology to speed and sim-
plify referrals for specialty care. 
(D) Actions to improve regional or national staffing 
capabilities in order to enhance support provided to mili-
tary medical treatment facilities facing staff shortages. 
(E) Actions to improve health care access for members 
of the reserve components and their families, including 
such access with respect to mental health care and consid-
eration of access issues for members and their families 
located in rural areas. 
(F) Actions to ensure consistency throughout the 
TRICARE program to comply with access standards, which 
10 USC 1071 
note. 
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PUBLIC LAW 111–84—OCT. 28, 2009 
are applicable to both commanders of military treatment 
facilities and managed care support contractors. 
(G) Actions to create new budgeting and resource 
allocation methodologies to fully support and incentivize 
care provided by military treatment facilities. 
(H) Actions regarding additional financing options for 
health care provided by civilian providers. 
(I) Actions to reduce administrative costs. 
(J) Actions to control the cost of health care and 
pharmaceuticals. 
(K) Actions to audit the Defense Enrollment Eligibility 
Reporting System to improve system checks on the eligi-
bility of TRICARE beneficiaries. 
(L) Actions, including a comprehensive plan, for the 
enhanced availability of prevention and wellness care. 
(M) Actions using technology to improve direct commu-
nication with beneficiaries regarding health and preventive 
care. 
(N) Actions to create performance metrics by which 
to measure improvement in the TRICARE program. 
(O) Such other actions as the Secretary, in consultation 
with the other administering Secretaries, considers appro-
priate. 
(c) QUALITY ASSURANCE.—In undertaking actions under this 
section, the Secretary of Defense and the other administering Secre-
taries shall continue or enhance the current level of quality health 
care provided by the Department of Defense and the military 
departments with no adverse impact to cost, access, or care. 
(d) CONSULTATION.—In considering actions to be undertaken 
under this section, and in undertaking such actions, the Secretary 
shall consult with a broad range of national health care and military 
advocacy organizations. 
(e) REPORTS REQUIRED.— 
(1) INITIAL REPORT.—Not later than 180 days after the 
date of the enactment of this Act, the Secretary shall submit 
to the congressional defense committees an initial report on 
the progress made in undertaking actions under this section 
and future plans for improvement of the military health system. 
(2) REPORT REQUIRED WITH FISCAL YEAR 2012 BUDGET PRO-
POSAL.—Together with the budget justification materials sub-
mitted to Congress in support of the Department of Defense 
budget for fiscal year 2012 (as submitted with the budget 
of the President under section 1105(a) of title 31, United States 
Code), the Secretary shall submit to the congressional defense 
committees a report setting forth the following: 
(A) Updates on the progress made in undertaking 
actions under this section. 
(B) Future plans for improvement of the military 
health system. 
(C) An explanation of how the budget submission may 
reflect such progress and plans. 
(3) PERIODIC REPORTS.—The Secretary shall, on a periodic 
basis, submit to the congressional defense committees a report 
on the progress being made in the improvement of the 
TRICARE program under this section. 
(4) ELEMENTS.—Each report under this subsection shall 
include the following: 
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123 STAT. 2387 
PUBLIC LAW 111–84—OCT. 28, 2009 
(A) A description and assessment of the progress made 
as of the date of such report in the improvement of the 
TRICARE program. 
(B) Such recommendations for administrative or legis-
lative action as the Secretary considers appropriate to expe-
dite and enhance the improvement of the TRICARE pro-
gram. 
(f) DEFINITIONS.—In this section: 
(1) The term ‘‘administering Secretaries’’ has the meaning 
given that term in section 1072(3) of title 10, United States 
Code. 
(2) The term ‘‘TRICARE program’’ has the meaning given 
that term in section 1072(7) of title 10, United States Code. 
SEC. 722. STUDY, PLAN, AND PILOT FOR THE MENTAL HEALTH CARE 
NEEDS OF DEPENDENT CHILDREN OF MEMBERS OF THE 
ARMED FORCES. 
(a) REPORT
AND PLAN
ON
THE MENTAL HEALTH CARE
AND 
COUNSELING SERVICES AVAILABLE TO MILITARY CHILDREN.— 
(1) IN GENERAL.—The Secretary of Defense shall conduct 
a comprehensive review of the mental health care and coun-
seling services available to dependent children of members 
of the Armed Forces through the Department of Defense. 
(2) ELEMENTS.—The review under paragraph (1) shall 
include an assessment of the following: 
(A) The availability, quality, and effectiveness of 
Department of Defense programs intended to meet the 
mental health care needs of military children. 
(B) The availability, quality, and effectiveness of 
Department of Defense programs intended to promote resil-
iency in military children in coping with deployment cycles, 
injury, or death of military parents. 
(C) The extent of access to, adequacy, and availability 
of mental health care and counseling services for military 
children in military medical treatment facilities, in family 
assistance centers, through Military OneSource, under the 
TRICARE program, and in Department of Defense Edu-
cation Activity schools. 
(D) Whether the status of a member of the Armed 
Forces on active duty, or in reserve active status, affects 
the access of a military child to mental health care and 
counseling services. 
(E) Whether, and to what extent, waiting lists, 
geographic distance, and other factors may obstruct the 
receipt by military children of mental health care and 
counseling services. 
(F) The extent of access to, availability, and viability 
of specialized mental health care for military children 
(including adolescents). 
(G) The extent of any gaps in the current capabilities 
of the Department of Defense to provide preventive mental 
health services for military children. 
(H) Such other matters as the Secretary considers 
appropriate. 
(3) REPORT.—Not later than one year after the date of 
the enactment of this Act, the Secretary shall submit to the 
Committees on Armed Services of the Senate and the House 
Review. 
10 USC 1077 
note. 
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123 STAT. 2388 
PUBLIC LAW 111–84—OCT. 28, 2009 
of Representatives a report on the review conducted under 
paragraph (1), including the findings and recommendations 
of the Secretary as a result of the review. 
(b) COMPREHENSIVE PLAN FOR IMPROVEMENTS IN ACCESS TO 
CARE AND COUNSELING.—The Secretary shall develop and imple-
ment a comprehensive plan for improvements in access to quality 
mental health care and counseling services for military children 
in order to develop and promote psychological health and resilience 
in children of deploying and deployed members of the Armed Forces. 
The information in the report required by subsection (a) shall 
provide the basis for the development of the plan. 
(c) PILOT PROGRAM.— 
(1) ELEMENTS.—The Secretary of the Army shall carry 
out a pilot program on the mental health care needs of military 
children and adolescents. In carrying out the pilot program, 
the Secretary shall establish a center to— 
(A) develop teams to train primary care managers in 
mental health evaluations and treatment of common psy-
chiatric disorders affecting children and adolescents; 
(B) develop strategies to reduce barriers to accessing 
behavioral health services and encourage better use of the 
programs and services by children and adolescents; and 
(C) expand the evaluation of mental health care using 
common indicators, including— 
(i) psychiatric hospitalization rates; 
(ii) non-psychiatric hospitalization rates; and 
(iii) mental health relative value units. 
(2) REPORTS.— 
(A) Not later than 90 days after establishing the pilot 
program, the Secretary of the Army shall submit to the 
congressional defense committees a report describing the— 
(i) structure and mission of the program; and 
(ii) the resources allocated to the program. 
(B) Not later than September 30, 2012, the Secretary 
of the Army shall submit to the congressional defense 
committees a report that addresses the elements described 
under paragraph (1). 
SEC. 723. CLINICAL TRIAL ON COGNITIVE REHABILITATIVE THERAPY 
FOR MEMBERS AND FORMER MEMBERS OF THE ARMED 
FORCES. 
(a) CLINICAL TRIAL REQUIRED.—The Secretary of Defense shall 
provide for a clinical trial to assess the efficacy of cognitive rehabili-
tative therapy for members or former members of the Armed Forces 
described in subsection (b). 
(b) COVERED MEMBERS
AND FORMER MEMBERS.—A member 
or former member of the Armed Forces described in this subsection 
is a member or former member of the Armed Forces who— 
(1) has been diagnosed with a traumatic brain injury (TBI) 
incurred in the line of duty in Operation Iraqi Freedom or 
Operation Enduring Freedom; and 
(2) is referred by a qualified physician, as determined by 
the Secretary, for cognitive rehabilitative therapy. 
(c) FUNDING.— 
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123 STAT. 2389 
PUBLIC LAW 111–84—OCT. 28, 2009 
(1) IN GENERAL.—The trial required by subsection (a) shall 
be funded as a medical research project using amounts author-
ized to be appropriated for Defense Health Program for research 
and development. 
(2) PROHIBITION ON USE OF CERTAIN FUNDS.—Amounts in 
the Department of Defense Medicare-Eligible Retiree Health 
Care Fund under chapter 56 of title 10, United States Code, 
may not be used to carry out the provisions of this section. 
(d) REPORTS.— 
(1) REPORT ON PLAN AND DESIGN FOR TRIAL.—Not later 
than 180 days after the date of the enactment of this Act, 
the Secretary of Defense shall submit to the congressional 
defense committees a report setting forth a plan for the conduct 
of the trial required by subsection (a), including a description 
of the proposed design of the trial. 
(2) FINAL
REPORT.—Not later than one year after the 
completion of the trial required by subsection (a), the Secretary 
shall submit to the congressional defense committees a report 
setting forth, at a minimum, the following: 
(A) An assessment of the efficacy of cognitive rehabili-
tative therapy in treating traumatic brain injury in mem-
bers and former members of the Armed Forces described 
in subsection (b). 
(B) Such recommendations as the Secretary considers 
appropriate on means to provide increased access to safe, 
effective, and quality cognitive rehabilitative therapy serv-
ices for such members and former members, including rec-
ommendations regarding the following: 
(i) Procedures for access of such members and 
former members to cognitive rehabilitative therapy 
services, including appropriate treatment plans and 
outcome measures. 
(ii) Qualifications and supervisory requirements for 
licensed and certified health care professionals in the 
provision of such services to such members and former 
members. 
(iii) A methodology for reimbursing providers of 
such services in the provision of such services to such 
members and former members. 
(C) The recommendation of the Secretary as to the 
advisability of including cognitive rehabilitative therapy 
as a benefit under the TRICARE program. 
SEC. 724. DEPARTMENT OF DEFENSE TASK FORCE ON THE CARE, 
MANAGEMENT, 
AND 
TRANSITION 
OF 
RECOVERING 
WOUNDED, ILL, AND INJURED MEMBERS OF THE ARMED 
FORCES. 
(a) ESTABLISHMENT.— 
(1) IN GENERAL.—The Secretary of Defense shall establish 
within the Department of Defense a task force to be known 
as the ‘‘Department of Defense Task Force on the Care, Manage-
ment, and Transition of Recovering Wounded, Ill, and Injured 
Members of the Armed Forces’’ (in this section referred to 
as the ‘‘Task Force’’). 
(2) PURPOSE.—The purpose of the Task Force shall be 
to assess the effectiveness of the policies and programs devel-
oped and implemented by the Department of Defense, and 
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123 STAT. 2390 
PUBLIC LAW 111–84—OCT. 28, 2009 
by each of the military departments, to assist and support 
the care, management, and transition of recovering wounded, 
ill, and injured members of the Armed Forces, and to make 
recommendations for the continuous improvement of such poli-
cies and programs. 
(3) RELATION TO SENIOR OVERSIGHT COMMITTEE.—The Sec-
retary shall ensure that the Task Force is independent of 
the Senior Oversight Committee (as defined in section 726(c) 
of the Duncan Hunter National Defense Authorization Act for 
Fiscal Year 2009 (Public Law 110–417; 122 Stat. 4509)). 
(b) COMPOSITION.— 
(1) MEMBERS.—The Task Force shall consist of not more 
than 14 members, appointed by the Secretary of Defense from 
among the individuals as described in paragraph (2). 
(2) COVERED INDIVIDUALS.—The individuals appointed to 
the Task Force shall include the following: 
(A) At least one member of each of the regular compo-
nents of the Army, the Navy, the Air Force, and the Marine 
Corps. 
(B) One member of the National Guard. 
(C) One member of a reserve component of the Armed 
Forces other than National Guard. 
(D) A number of persons from outside the Department 
of Defense equal to the total number of personnel from 
within the Department of Defense (whether members of 
the Armed Forces or civilian personnel) who are appointed 
to the Task Force. 
(E) Persons who have experience in— 
(i) medical care and coordination for wounded, ill, 
and injured members of the Armed Forces; 
(ii) medical case management; 
(iii) non-medical case management; 
(iv) the disability evaluation process for members 
of the Armed Forces; 
(v) veterans benefits; 
(vi) treatment of traumatic brain injury and post- 
traumatic stress disorder; 
(vii) family support; 
(viii) medical research; 
(ix) vocational rehabilitation; or 
(x) disability benefits. 
(F) At least one family member of a wounded, ill, 
or injured member of the Armed Forces or veteran who 
has experience working with wounded, ill, and injured 
members of the Armed Forces or their families. 
(3) INDIVIDUALS APPOINTED FROM WITHIN DEPARTMENT OF 
DEFENSE.—At least one of the individuals appointed to the 
Task Force from within the Department of Defense shall be 
the surgeon general of an Armed Force. 
(4) INDIVIDUALS APPOINTED FROM OUTSIDE DEPARTMENT OF 
DEFENSE.—The individuals appointed to the Task Force from 
outside the Department of Defense— 
(A) with the concurrence of the Secretary of Veterans 
Affairs, shall include an officer or employee of the Depart-
ment of Veterans Affairs; and 
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123 STAT. 2391 
PUBLIC LAW 111–84—OCT. 28, 2009 
(B) may include individuals from other departments 
or agencies of the Federal Government, from State and 
local agencies, or from the private sector. 
(5) DEADLINE
FOR
APPOINTMENTS.—All original appoint-
ments to the Task Force shall be made not later than 120 
days after the date of the enactment of this Act. 
(6) CO-CHAIRS.—There shall be two co-chairs of the Task 
Force. One of the co-chairs shall be designated by the Secretary 
of Defense at the time of appointment from among the individ-
uals appointed to the Task Force from within the Department 
of Defense. The other co-chair shall be selected from among 
the individuals appointed from outside the Department of 
Defense by those individuals. 
(c) ANNUAL REPORT.— 
(1) IN GENERAL.—Not later than 12 months after the date 
on which all members of the Task Force have been appointed, 
and each year thereafter for the life of the Task Force, the 
Task Force shall submit to the Secretary of Defense a report 
on the activities of the Task Force and the activities of the 
Department of Defense and the military departments to assist 
and support the care, management, and transition of recovering 
wounded, ill, and injured members of the Armed Forces. The 
report shall include the following: 
(A) The findings and conclusions of the Task Force 
as a result of its assessment of the effectiveness of the 
policies and programs developed and implemented by the 
Department of Defense, and by each of the military depart-
ments, to assist and support the care, management, and 
transition of recovering wounded, ill, and injured members 
of the Armed Forces. 
(B) A description of best practices and various ways 
in which the Department of Defense and the military 
departments could more effectively address matters 
relating to the care, management, and transition of recov-
ering wounded, ill, and injured members of the Armed 
Forces, including members of the regular components, and 
members of the reserve components, and support for their 
families. 
(C) A plan for the activities of the Task Force in 
the year following the year covered by the report. 
(D) Such recommendations for other legislative or 
administrative action as the Task Force considers appro-
priate for measures to improve the policies and programs 
described in subparagraph (A). 
(2) METHODOLOGY.—For purposes of the reports, the Task 
Force— 
(A) shall conduct site visits and interviews as the Task 
Force considers appropriate; 
(B) may consider the findings and recommendations 
of previous reviews and evaluations of the care, manage-
ment, and transition of recovering wounded, ill, and injured 
members of the Armed Forces; and 
(C) may use such other means for directly obtaining 
information relating to the care, management, and transi-
tion of recovering wounded, ill, and injured members of 
the Armed Forces as the Task Force considers appropriate. 
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PUBLIC LAW 111–84—OCT. 28, 2009 
(3) MATTERS TO BE REVIEWED AND ASSESSED.—For purposes 
of the reports, the Task Force shall review and assess the 
following: 
(A) Case management, including the numbers and 
types of medical and non-medical case managers (including 
Federal Recovery Coordinators, Recovery Care Coordina-
tors, National Guard or Reserve case managers, and other 
case managers) assigned to recovering wounded, ill, and 
injured members of the Armed Forces, the training pro-
vided such case mangers, and the effectiveness of such 
case mangers in providing care and support to recovering 
wounded, ill, and injured members of the Armed Forces. 
(B) Staffing of Army Warrior Transition Units, Marine 
Corps Wounded Warrior Regiments, Navy and Air Force 
Medical Hold or Medical Holdover Units, and other service- 
related programs or units for recovering wounded, ill, and 
injured members of the Armed Forces, including the use 
of applicable hiring authorities to ensure the proper staffing 
of such programs and units. 
(C) The establishment and effectiveness of performance 
and accountability standards for warrior transition units 
and programs. 
(D) The availability of services for traumatic brain 
injury and post traumatic stress disorder. 
(E) The establishment and effectiveness of the Defense 
Centers of Excellence for Psychological Health and Trau-
matic Brain Injury, and the centers of excellence for mili-
tary eye injuries, hearing loss and auditory system injuries, 
and traumatic extremity injuries and amputations. 
(F) The effectiveness of the Interagency Program Office 
in achieving fully interoperable electronic health records 
by September 30, 2009, in accordance with section 1635 
of the Wounded Warrior Act (title XVI of Public Law 110– 
181; 122 Stat. 460; 10 U.S.C. 1071 note). 
(G) The effectiveness of wounded warrior information 
resources, including the Wounded Warrior Resource Center, 
the National Resource Directory, Military OneSource, 
Family Assistance Centers, and Service hotlines, in pro-
viding meaningful information for recovering wounded, ill, 
and injured members of the Armed Forces. 
(H) The support available to family caregivers of recov-
ering wounded, ill, and injured members of the Armed 
Forces. 
(I) The legal support available to recovering wounded, 
ill, and injured members of the Armed Forces and their 
families. 
(J) The availability of vocational training for recovering 
wounded, ill, and injured members of the Armed Forces 
seeking to transition to civilian life. 
(K) The effectiveness of any measures under pilot pro-
grams to improve or enhance the military disability evalua-
tion system. 
(L) The support and assistance provided to recovering 
wounded, ill, and injured members of the Armed Forces 
as they progress through the military disability evaluation 
system. 
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123 STAT. 2393 
PUBLIC LAW 111–84—OCT. 28, 2009 
(M) The support systems in place to ease the transition 
of recovering wounded, ill, and injured members of the 
Armed Forces from the Department of Defense to the 
Department of Veterans Affairs. 
(N) Interagency matters affecting recovering wounded, 
ill, and injured members of the Armed Forces in their 
transition to civilian life. 
(O) The effectiveness of the Senior Oversight Com-
mittee in facilitating and overseeing collaboration between 
the Department of Defense and the Department of Veterans 
Affairs on matters relating to the care, management, and 
transition of recovering wounded, ill, and injured members 
of the Armed Forces. 
(P) Overall coordination between the Department of 
Defense and the Department of Veterans Affairs on the 
matters specified in this paragraph. 
(Q) Such other matters as the Task Force considers 
appropriate in connection with the care, management, and 
transition of recovering wounded, ill, and injured members 
of the Armed Forces. 
(4) TRANSMITTAL.—Not later than 90 days after receipt 
of a report required by paragraph (1), the Secretary of Defense 
shall submit to the Committees on Armed Services of the Senate 
and the House of Representatives the report and the Secretary’s 
evaluation of the report. 
(d) PLAN REQUIRED.—Not later than six months after the 
receipt of a report under subsection (c), the Secretary of Defense 
shall, in consultation with the Secretaries of the military depart-
ments, submit to the Committees on Armed Services of the Senate 
and the House of Representatives a plan to implement the rec-
ommendations of the Task Force included in the report. 
(e) ADMINISTRATIVE MATTERS.— 
(1) COMPENSATION.—Each member of the Task Force who 
is a member of the Armed Forces or a civilian officer or 
employee of the United States shall serve on the Task Force 
without compensation (other than compensation to which enti-
tled as a member of the Armed Forces or an officer or employee 
of the United States, as the case may be). Other members 
of the Task Force shall be appointed in accordance with, and 
subject to, the provisions of section 3161 of title 5, United 
States Code. 
(2) OVERSIGHT.—The Under Secretary of Defense for Per-
sonnel and Readiness shall oversee the Task Force. The Wash-
ington Headquarters Services of the Department of Defense 
shall provide the Task Force with personnel, facilities, and 
other administrative support as necessary for the performance 
of the duties of the Task Force. 
(3) VISITS TO MILITARY FACILITIES.—Any visit by the Task 
Force to a military installation or facility shall be undertaken 
through the Deputy Under Secretary of Defense for Personnel 
and Readiness, in coordination with the Secretaries of the mili-
tary departments. 
(f) TERMINATION.—The Task Force shall terminate on the date 
that is five years after the date of the enactment of this Act. 
Deadline. 
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123 STAT. 2394 
PUBLIC LAW 111–84—OCT. 28, 2009 
SEC. 725. CHIROPRACTIC CLINICAL TRIALS. 
(a) CLINICAL TRIALS REQUIRED.—The Secretary of Defense shall 
provide for the clinical trials described under subsection (b) to 
be conducted by the National Institutes of Health or an independent 
academic institution as the Secretary shall select for the purposes 
of conducting each trial. 
(b) CLINICAL TRIALS DESCRIBED.— 
(1) CONTROLLED TRIALS.—The clinical trials required by 
subsection (a) shall include controlled trials that, at a minimum, 
compare the outcomes of chiropractic treatment, used either 
exclusively or as an adjunct to other treatments, with conven-
tional treatment on the following topics: 
(A) Pain management. 
(B) Orthopedic injuries or disorders that do not require 
surgery. 
(C) Smoking cessation. 
(2) INTERVENTIONAL TRIALS.—The clinical trials required 
by subsection (a) shall include interventional trials that, at 
a minimum, cover the following topics: 
(A) The effect of chiropractic treatment on the reflexes 
and reaction times of special operation forces. 
(B) The effect of chiropractic treatment on strength, 
balance, and injury prevention for members of the Armed 
Forces with combat specialties operating in a combat the-
ater. 
(c) SCHEDULE.— 
(1) FIRST TRIAL.—The first clinical trial required by sub-
section (a) shall begin not later than one year after the date 
of the enactment of this Act. 
(2) FINAL TRIAL.—The final clinical trial required by sub-
section (a) shall begin not later than two years after the date 
of the enactment of this Act. 
(d) TRIAL PARTICIPANTS.—A participant of a clinical trial 
required by subsection (a) shall be a member of the Armed Forces 
on active duty. 
(e) CHIROPRACTIC PROVIDERS.—Chiropractic treatment provided 
during a clinical trial required by subsection (a) shall be provided 
by a doctor of chiropractic who is licensed as a doctor of chiropractic, 
chiropractic physician, or chiropractor by a State, the District of 
Columbia, or a territory or possession of the United States, subject 
to credentialing requirements prescribed by the Secretary. 
(f) REPORTS.— 
(1) TRIAL
PROTOCOL
REPORTS.—Not later than 30 days 
before each clinical trial required by subsection (a) is scheduled 
to begin, the Secretary shall submit to the congressional defense 
committees a report on the protocol of such clinical trial. 
(2) FINAL
REPORTS.—Not later than one year after the 
completion of each clinical trial required by subsection (a), 
the Secretary shall submit to the congressional defense commit-
tees a report on such clinical trial, including any recommenda-
tions regarding chiropractic treatment for covered beneficiaries 
(as such term is defined in section 1072(5) of title 10, United 
States Code). 
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123 STAT. 2395 
PUBLIC LAW 111–84—OCT. 28, 2009 
SEC. 726. INDEPENDENT STUDY ON POST-TRAUMATIC STRESS DIS-
ORDER EFFORTS. 
(a) STUDY REQUIRED.—The Secretary of Defense, in consultation 
with the Secretary of Veterans Affairs, shall provide for a study 
on the treatment of post-traumatic stress disorder to be conducted 
by the Institute of Medicine of the National Academy of Sciences 
or such other independent entity as the Secretary shall select for 
purposes of the study. 
(b) ELEMENTS.—The study required by subsection (a) shall 
include the following: 
(1) A list of each operative program and method available 
for 
the 
prevention, 
screening, 
diagnosis, 
treatment, 
or 
rehabilitation of post-traumatic stress disorder, including— 
(A) the rates of success for each such program or 
method (including an operational definition of the term 
‘‘success’’ and a discussion of the process used to quantify 
such rates); 
(B) based on the incidence of actual diagnoses, an 
estimate of the number of members of the Armed Forces 
and veterans diagnosed by the Department of Defense or 
the Department of Veterans Affairs as having post-trau-
matic stress disorder and the number of such veterans 
who have been successfully treated; and 
(C) any collaborative efforts between the Department 
of Defense and the Department of Veterans Affairs to pre-
vent, screen, diagnose, treat, or rehabilitate post-traumatic 
stress disorder. 
(2) The status of studies and clinical trials involving innova-
tive treatments of post-traumatic stress disorder that are con-
ducted by the Department of Defense, the Department of Vet-
erans Affairs, or the private sector, including— 
(A) efforts to identify physiological markers of post- 
traumatic stress disorder; 
(B) with respect to efforts to determine causation of 
post-traumatic stress disorder, brain imaging studies and 
the correlation between brain region physiology and post- 
traumatic stress disorder diagnoses and the results 
(including any interim results) of such efforts; 
(C) the effectiveness of alternative therapies in the 
treatment of post-traumatic stress disorder, including the 
therapeutic use of animals; 
(D) the effectiveness of administering pharmaceutical 
agents before, during, or after a traumatic event in the 
prevention and treatment of post-traumatic stress disorder; 
and 
(E) identification of areas in which the Department 
of Defense and the Department of Veterans Affairs may 
be duplicating studies, programs, or research with respect 
to post-traumatic stress disorder. 
(3) A description of each treatment program for post-trau-
matic stress disorder, including a comparison of the methods 
of treatment by each program, at the following locations: 
(A) Fort Hood, Texas. 
(B) Fort Bliss, Texas. 
(C) Fort Campbell, Tennessee. 
(D) Other locations the entity conducting the study 
considers appropriate. 
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123 STAT. 2396 
PUBLIC LAW 111–84—OCT. 28, 2009 
(4) The respective current and projected future annual 
expenditures by the Department of Defense and the Depart-
ment of Veterans Affairs for the treatment and rehabilitation 
of post-traumatic stress disorder. 
(5) A description of gender-specific and racial and ethnic 
group-specific mental health treatment and services available 
for members of the Armed Forces, including— 
(A) the availability of such treatment and services; 
(B) the access to such treatment and services; 
(C) the need for such treatment and services; and 
(D) the efficacy and adequacy of such treatment and 
services. 
(6) A description of areas for expanded future research 
with respect to post-traumatic stress disorder. 
(7) Any other matters the Secretary of Defense and Sec-
retary of Veterans Affairs consider relevant with respect to 
the purposes of obtaining a comprehensive scientific assessment 
of— 
(A) the incidence of post-traumatic stress disorder 
among members of the Armed Forces and veterans; 
(B) the availability and effectiveness of various treat-
ment programs and methods available for post-traumatic 
stress disorder; 
(C) the current and future projected costs of such treat-
ment programs and methods; or 
(D) additional areas of needed research. 
(8) Any other matters the entity conducting the study con-
siders relevant. 
(c) REPORTS.— 
(1) INITIAL REPORT.—Not later than July 1, 2012, the entity 
conducting the study required by subsection (a) shall submit 
to the Secretary of Defense, the Secretary of Veterans Affairs, 
and the appropriate committees a report on the study. 
(2) RESPONSE.—Not later than January 1, 2013, the Sec-
retary of Defense and the Secretary of Veterans Affairs shall 
each submit to the appropriate committees a response to the 
report submitted under paragraph (1), including any rec-
ommendations on the treatment of post-traumatic stress dis-
order based on such report. 
(d) UPDATED REPORTS REQUIRED.— 
(1) UPDATED REPORT.—Not later than July 1, 2014, the 
entity conducting the study required by subsection (a) shall 
submit to the Secretary of Defense, the Secretary of Veterans 
Affairs, and the appropriate committees an update of the report 
required by subsection (c). 
(2) UPDATED RESPONSE.—Not later than January 1, 2015, 
the Secretary of Defense and the Secretary of Veterans Affairs 
shall each submit to the appropriate committees a response 
to the updated report submitted under paragraph (1), including 
any recommendations on the treatment of post-traumatic stress 
disorder based on such updated report. 
(e) APPROPRIATE COMMITTEES DEFINED.—In this section, the 
term ‘‘appropriate committees’’ means— 
(1) the Committee on Armed Services, the Committee on 
Appropriations, the Committee on Veterans’ Affairs, and the 
Committee on Energy and Commerce of the House of Represent-
atives; and 
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123 STAT. 2397 
PUBLIC LAW 111–84—OCT. 28, 2009 
(2) the Committee on Armed Services, the Committee on 
Appropriations, the Committee on Veterans’ Affairs, and the 
Committee on Health, Education, Labor, and Pensions of the 
Senate. 
SEC. 727. REPORT ON IMPLEMENTATION OF REQUIREMENTS ON THE 
RELATIONSHIP BETWEEN THE TRICARE PROGRAM AND 
EMPLOYER-SPONSORED GROUP HEALTH PLANS. 
(a) REPORT REQUIRED.—Not later than March 31, 2010, the 
Secretary of Defense shall submit to the Committees on Armed 
Services of the Senate and the House of Representatives a report 
on the implementation of the requirements of section 1097c of 
title 10, United States Code, relating to the relationship between 
the TRICARE program and employer-sponsored group health plans. 
(b) ELEMENTS.—The report required by subsection (a) shall 
include the following: 
(1) A description of the extent to which the Secretary 
has established measures to assess the effectiveness of section 
1097c of title 10, United States Code, in reducing health care 
costs to the Department for military retirees and their families, 
and an assessment of the effectiveness of any measures so 
established. 
(2) An assessment of the extent to which the implementa-
tion of such section 1097c has resulted in the migration of 
military retirees from coverage under the TRICARE Standard 
option of the TRICARE program to coverage under the 
TRICARE Prime option of the TRICARE program. 
(3) A description of the exceptions adopted under subsection 
(a)(2) of such section 1097c to the requirements under such 
section 1097c, and an assessment of the effect of the exercise 
of any exceptions adopted on the administration of such section 
1097c. 
(4) An assessment of the extent to which the Secretary 
collects and assembles data on the treatment of employees 
eligible for participation in the TRICARE program in compari-
son with similar employees who are not eligible for participation 
in that program. 
(5) A description of the outreach conducted by the Secretary 
to inform individuals eligible for participation in the TRICARE 
program and employers of their respective rights and respon-
sibilities under such section 1097c, and an assessment of the 
effectiveness of any outreach so conducted. 
(6) Such other matters with respect to the administration 
and effectiveness of the authorities in such section 1097c as 
the Secretary considers appropriate. 
SEC. 728. REPORT ON STIPENDS FOR MEMBERS OF RESERVE COMPO-
NENTS FOR HEALTH CARE FOR CERTAIN DEPENDENTS. 
Not later than 90 days after the date of the enactment of 
this Act, the Secretary of Defense shall submit to the congressional 
defense committees a report on stipends paid under section 704 
of the National Defense Authorization Act for Fiscal Year 2008 
(Public Law 110–181; 122 Stat. 188; 10 U.S.C. 1076 note). The 
report shall include— 
(1) the number of stipends paid; 
(2) the amount of the average stipend; and 
(3) the number of members who received such stipends. 
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123 STAT. 2398 
PUBLIC LAW 111–84—OCT. 28, 2009 
TITLE VIII—ACQUISITION POLICY, AC-
QUISITION MANAGEMENT, AND RE-
LATED MATTERS 
Subtitle A—Acquisition Policy and Management 
Sec. 801. Temporary authority to acquire products and services produced in coun-
tries along a major route of supply to Afghanistan; report. 
Sec. 802. Assessment of improvements in service contracting. 
Sec. 803. Display of annual budget requirements for procurement of contract serv-
ices and related clarifying technical amendments. 
Sec. 804. Implementation of new acquisition process for information technology sys-
tems. 
Sec. 805. Life-cycle management and product support. 
Sec. 806. Treatment of non-defense agency procurements under joint programs 
with intelligence community. 
Sec. 807. Policy and requirements to ensure the safety of facilities, infrastructure, 
and equipment for military operations. 
Subtitle B—Amendments to General Contracting Authorities, Procedures, and 
Limitation 
Sec. 811. Justification and approval of sole-source contracts. 
Sec. 812. Revision of Defense Supplement relating to payment of costs prior to 
definitization. 
Sec. 813. Revisions to definitions relating to contracts in Iraq and Afghanistan. 
Sec. 814. Amendment to notification requirements for awards of single source task 
or delivery orders. 
Sec. 815. Clarification of uniform suspension and debarment requirement. 
Sec. 816. Extension of authority for use of simplified acquisition procedures for cer-
tain commercial items. 
Sec. 817. Reporting requirements for programs that qualify as both major auto-
mated information system programs and major defense acquisition pro-
grams. 
Sec. 818. Small arms production industrial base matters. 
Sec. 819. Contract authority for advanced component development or prototype 
units. 
Sec. 820. Publication of notification of bundling of contracts of the Department of 
Defense. 
Subtitle C—Contractor Matters 
Sec. 821. Authority for Government support contractors to have access to technical 
data belonging to prime contractors. 
Sec. 822. Extension and enhancement of authorities on the Commission on War-
time Contracting in Iraq and Afghanistan. 
Sec. 823. Authority for Secretary of Defense to reduce or deny award fees to compa-
nies found to jeopardize health or safety of Government personnel. 
Subtitle D—Acquisition Workforce Matters 
Sec. 831. Enhancement of expedited hiring authority for defense acquisition work-
force positions. 
Sec. 832. Funding of Department of Defense Acquisition Workforce Development 
Fund. 
Sec. 833. Review of post-employment restrictions applicable to the Department of 
Defense. 
Sec. 834. Review of Federal acquisition workforce training and hiring. 
Subtitle E—Other Matters 
Sec. 841. Reports to Congress on full deployment decisions for major automated in-
formation system programs. 
Sec. 842. Authorization to take actions to correct the industrial resource shortfall 
for high-purity beryllium metal. 
Sec. 843. Report on rare earth materials in the defense supply chain. 
Sec. 844. Comptroller General report on structure and management of subcontrac-
tors under contracts for major weapon systems. 
Sec. 845. Study of the use of factors other than cost or price as the predominate 
factors in evaluating competitive proposals for defense procurement con-
tracts. 
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123 STAT. 2399 
PUBLIC LAW 111–84—OCT. 28, 2009 
Sec. 846. Repeal of requirements relating to the military system essential item 
breakout list. 
Sec. 847. Extension of SBIR and STTR programs of the Department of Defense. 
Sec. 848. Extension of authority for small business innovation research Commer-
cialization Pilot Program. 
Subtitle A—Acquisition Policy and 
Management 
SEC. 801. TEMPORARY AUTHORITY TO ACQUIRE PRODUCTS AND SERV-
ICES PRODUCED IN COUNTRIES ALONG A MAJOR ROUTE 
OF SUPPLY TO AFGHANISTAN; REPORT. 
(a) IN GENERAL.—In the case of a product or service to be 
acquired in support of military or stability operations in Afghanistan 
for which the Secretary of Defense makes a determination described 
in subsection (b), the Secretary may conduct a procurement in 
which— 
(1) competition is limited to products or services that are 
from one or more countries along a major route of supply 
to Afghanistan; or 
(2) a preference is provided for products or services that 
are from one or more countries along a major route of supply 
to Afghanistan. 
(b) DETERMINATION.—A determination described in this sub-
section is a determination by the Secretary that— 
(1) the product or service concerned is to be used— 
(A) in the country that is the source of the product 
or service; 
(B) in the course of efforts by the United States and 
the NATO International Security Assistance Force to ship 
goods to Afghanistan in support of military or stability 
operations in Afghanistan; or 
(C) by the military forces, police, or other security 
personnel of Afghanistan; 
(2) it is in the national security interest of the United 
States to limit competition or provide a preference as described 
in subsection (a) because such limitation or preference is nec-
essary— 
(A) to reduce overall United States transportation costs 
and risks in shipping goods in support of military or sta-
bility operations in Afghanistan; 
(B) to encourage countries along a major route of 
supply to Afghanistan to cooperate in expanding supply 
routes through their territory in support of military or 
stability operations in Afghanistan; or 
(C) to help develop more robust and enduring routes 
of supply to Afghanistan; and 
(3) limiting competition or providing a preference as 
described in subsection (a) will not adversely affect— 
(A) military or stability operations in Afghanistan; or 
(B) the United States industrial base. 
(c) PRODUCTS AND SERVICES FROM A COUNTRY ALONG A MAJOR 
ROUTE OF SUPPLY TO AFGHANISTAN.—For the purposes of this sec-
tion: 
(1) A product is from a country along a major route of 
supply to Afghanistan if it is mined, produced, or manufactured 
in a covered country. 
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123 STAT. 2400 
PUBLIC LAW 111–84—OCT. 28, 2009 
(2) A service is from a country along a major route of 
supply to Afghanistan if it is performed in a covered country 
by citizens or permanent resident aliens of a covered country. 
(d) COVERED COUNTRY DEFINED.—In this section, the term 
‘‘covered country’’ means Georgia, Kyrgyzstan, Pakistan, Armenia, 
Azerbaijan, Kazakhstan, Tajikistan, Uzbekistan, or Turkmenistan. 
(e) CONSTRUCTION WITH OTHER AUTHORITY.—The authority 
provided in subsection (a) is in addition to the authority set forth 
in section 886 of the National Defense Authorization Act for Fiscal 
Year 2008 (Public Law 110–181; 122 Stat. 266; 10 U.S.C. 2302 
note). 
(f) TERMINATION OF AUTHORITY.—The Secretary of Defense may 
not exercise the authority provided in subsection (a) on or after 
the date occurring three years after the date of the enactment 
of this Act. 
(g) REPORT ON AUTHORITY.—Not later than April 1, 2010, the 
Secretary of Defense shall submit to the congressional defense 
committees a report on the use of the authority provided in sub-
section (a). The report shall address, at a minimum, the following: 
(1) The number of determinations made by the Secretary 
pursuant to subsection (b). 
(2) A description of the products and services acquired 
using the authority. 
(3) The extent to which the use of the authority has met 
the objectives of subparagraph (A), (B), or (C) of subsection 
(b)(2). 
(4) A list of the countries providing products or services 
as a result of a determination made pursuant to subsection 
(b). 
(5) Any recommended modifications to the authority. 
SEC. 802. ASSESSMENT OF IMPROVEMENTS IN SERVICE CONTRACTING. 
(a) ASSESSMENT REQUIRED.—The Under Secretary of Defense 
for Acquisition, Technology, and Logistics shall direct the Defense 
Science Board to conduct an independent assessment of improve-
ments in the procurement and oversight of services by the Depart-
ment of Defense. 
(b) MATTERS COVERED.—The assessment required by subsection 
(a) shall include the following: 
(1) An assessment of the quality and completeness of guid-
ance relating to the procurement of services, including 
implementation of statutory and regulatory authorities and 
requirements. 
(2) A determination of the extent to which best practices 
are being developed for setting requirements and developing 
statements of work. 
(3) An assessment of the contracting approaches and con-
tract types used for the procurement of services and whether 
such contracting approaches and contract types best serve the 
interests of the Department of Defense. 
(4) A determination of whether effective standards to 
measure performance have been developed. 
(5) An assessment of the effectiveness of peer reviews 
within the Department of Defense of contracts for services 
and whether such reviews are being conducted at the appro-
priate dollar threshold. 
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123 STAT. 2401 
PUBLIC LAW 111–84—OCT. 28, 2009 
(6) An assessment of the management structure for the 
procurement of services, including how the military depart-
ments and Defense Agencies have implemented section 2330 
of title 10, United States Code. 
(7) A determination of whether the performance savings 
goals required by section 802 of the National Defense Authoriza-
tion Act for Fiscal Year 2002 (10 U.S.C. 2330 note) are being 
achieved. 
(8) An assessment of the effectiveness of the Acquisition 
Center of Excellence for Services established pursuant to section 
1431(b) of the Services Acquisition Reform Act of 2003 (title 
XIV of Public Law 108–136; 117 Stat. 1671; 41 U.S.C. 405 
note) and the feasibility of creating similar centers of excellence 
in the military departments. 
(9) An assessment of the quality and sufficiency of the 
acquisition workforce for the procurement and oversight of serv-
ices. 
(10) Such other related matters as the Under Secretary 
considers appropriate. 
(c) REPORT.—Not later than March 10, 2010, the Under Sec-
retary shall submit to the congressional defense committees a report 
on the results of the assessment, including such comments and 
recommendations as the Under Secretary considers appropriate. 
SEC. 
803. 
DISPLAY 
OF 
ANNUAL 
BUDGET 
REQUIREMENTS 
FOR 
PROCUREMENT OF CONTRACT SERVICES AND RELATED 
CLARIFYING TECHNICAL AMENDMENTS. 
(a) CODIFICATION
OF REQUIREMENT
FOR SPECIFICATION
OF 
AMOUNTS REQUESTED FOR PROCUREMENT OF CONTRACT SERVICES.— 
(1) IN GENERAL.—Chapter 9 of title 10, United States Code, 
is amended by inserting after section 234 the following new 
section: 
‘‘§ 235. Procurement of contract services: specification of 
amounts requested in budget 
‘‘(a) SUBMISSION WITH ANNUAL BUDGET JUSTIFICATION MATE-
RIALS.—In the budget justification materials submitted to Congress 
in support of the Department of Defense budget for any fiscal 
year (as submitted with the budget of the President under section 
1105(a) of title 31), the Secretary of Defense shall include the 
information described in subsection (b) with respect to the procure-
ment of contract services. 
‘‘(b) INFORMATION PROVIDED.—For each budget account, the 
materials submitted shall clearly and separately identify— 
‘‘(1) the amount requested for the procurement of contract 
services for each Department of Defense component, installa-
tion, or activity; and 
‘‘(2) the number of full-time contractor employees (or the 
equivalent of full-time in the case of part-time contractor 
employees) projected and justified for each Department of 
Defense component, installation, or activity based on the inven-
tory of contracts for services required by subsection (c) of section 
2330a of this title and the review required by subsection (e) 
of such section. 
‘‘(c) CONTRACT SERVICES DEFINED.—In this section, the term 
‘contract services’— 
‘‘(1) means services from contractors; but 
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123 STAT. 2402 
PUBLIC LAW 111–84—OCT. 28, 2009 
‘‘(2) excludes services relating to research and development 
and services relating to military construction.’’. 
(2) CLERICAL AMENDMENT.—The table of sections at the 
beginning of such chapter is amended by adding at the end 
the following new item: 
‘‘235. Procurement of contract services: specification of amounts requested in budg-
et.’’. 
(3) REPEAL OF SUPERSEDED PROVISION.—Section 806 of the 
National Defense Authorization Act for Fiscal Year 2008 (Public 
Law 110–181; 10 U.S.C. 221 note) is repealed. 
(b) CLARIFICATION OF CONTRACT SERVICES REVIEW AND PLAN-
NING REQUIREMENTS.—Section 2330a(e) of title 10, United States 
Code, is amended in paragraph (4) by inserting after ‘‘plan’’ the 
following: ‘‘, including an enforcement mechanism and approval 
process,’’. 
(c) COMPTROLLER GENERAL REPORT ON INVENTORY.—Not later 
than 180 days after the date on which the Secretary of Defense 
submits to Congress the inventory required by section 2330a(c) 
of title 10, United States Code, in each of 2010, 2011 and 2012, 
the Comptroller General of the United States shall submit to the 
Committees on Armed Services of the Senate and the House of 
Representatives a report on the inventory so submitted, with such 
findings and recommendations as the Comptroller General considers 
appropriate. 
SEC. 804. IMPLEMENTATION OF NEW ACQUISITION PROCESS FOR 
INFORMATION TECHNOLOGY SYSTEMS. 
(a) NEW ACQUISITION PROCESS REQUIRED.—The Secretary of 
Defense shall develop and implement a new acquisition process 
for information technology systems. The acquisition process devel-
oped and implemented pursuant to this subsection shall, to the 
extent determined appropriate by the Secretary— 
(1) be based on the recommendations in chapter 6 of the 
March 2009 report of the Defense Science Board Task Force 
on Department of Defense Policies and Procedures for the 
Acquisition of Information Technology; and 
(2) be designed to include— 
(A) early and continual involvement of the user; 
(B) multiple, rapidly executed increments or releases 
of capability; 
(C) early, successive prototyping to support an 
evolutionary approach; and 
(D) a modular, open-systems approach. 
(b) REPORT TO CONGRESS.—Not later than 270 days after the 
date of the enactment of this Act, the Secretary of Defense shall 
submit to the Committees on Armed Services of the Senate and 
the House of Representatives a report on the new acquisition 
process developed pursuant to subsection (a). The report required 
by this subsection shall, at a minimum— 
(1) describe the new acquisition process; 
(2) provide an explanation for any decision by the Secretary 
to deviate from the criteria established for such process in 
paragraphs (1) and (2) of subsection (a); 
(3) provide a schedule for the implementation of the new 
acquisition process; 
(4) identify the categories of information technology acquisi-
tions to which such process will apply; and 
10 USC 2225 
note. 
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123 STAT. 2403 
PUBLIC LAW 111–84—OCT. 28, 2009 
(5) include the Secretary’s recommendations for any legisla-
tion that may be required to implement the new acquisition 
process. 
SEC. 805. LIFE-CYCLE MANAGEMENT AND PRODUCT SUPPORT. 
(a) GUIDANCE ON LIFE-CYCLE MANAGEMENT.—Not later than 
180 days after the date of the enactment of this Act, the Secretary 
of Defense shall issue comprehensive guidance on life-cycle manage-
ment and the development and implementation of product support 
strategies for major weapon systems. The guidance issued pursuant 
to this subsection shall— 
(1) maximize competition and make the best possible use 
of available Department of Defense and industry resources 
at the system, subsystem, and component levels; and 
(2) maximize value to the Department of Defense by pro-
viding the best possible product support outcomes at the lowest 
operations and support cost. 
(b) PRODUCT SUPPORT MANAGERS.— 
(1) REQUIREMENT.—The Secretary of Defense shall require 
that each major weapon system be supported by a product 
support manager in accordance with this subsection. 
(2) RESPONSIBILITIES.—A product support manager for a 
major weapon system shall— 
(A) develop and implement a comprehensive product 
support strategy for the weapon system; 
(B) conduct appropriate cost analyses to validate the 
product support strategy, including cost-benefit analyses 
as outlined in Office of Management and Budget Circular 
A–94; 
(C) assure achievement of desired product support out-
comes through development and implementation of appro-
priate product support arrangements; 
(D) adjust performance requirements and resource 
allocations across product support integrators and product 
support providers as necessary to optimize implementation 
of the product support strategy; 
(E) periodically review product support arrangements 
between the product support integrators and product sup-
port providers to ensure the arrangements are consistent 
with the overall product support strategy; and 
(F) prior to each change in the product support strategy 
or every five years, whichever occurs first, revalidate any 
business-case analysis performed in support of the product 
support strategy. 
(c) GOVERNMENT PERFORMANCE OF PRODUCT SUPPORT MANAGER 
FUNCTION.—Section 820(a) of the John Warner National Defense 
Authorization Act for Fiscal Year 2007 (Public Law 109–364; 120 
Stat. 2330) is amended— 
(1) by redesignating paragraphs (3), (4), and (5) as para-
graphs (4), (5) and (6), respectively; and 
(2) by inserting after paragraph (2) the following new para-
graph (3): 
‘‘(3) Product support manager.’’. 
(d) DEFINITIONS.—In this section: 
(1) The term ‘‘product support’’ means the package of sup-
port functions required to field and maintain the readiness 
10 USC 1701 
note. 
Deadline. 
10 USC 2302 
note. 
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123 STAT. 2404 
PUBLIC LAW 111–84—OCT. 28, 2009 
and operational capability of major weapon systems, sub-
systems, and components, including all functions related to 
weapon system readiness. 
(2) The term ‘‘product support arrangement’’ means a con-
tract, task order, or any type of other contractual arrangement, 
or any type of agreement or non-contractual arrangement 
within the Federal Government, for the performance of 
sustainment or logistics support required for major weapon 
systems, subsystems, or components. The term includes 
arrangements for any of the following: 
(A) Performance-based logistics. 
(B) Sustainment support. 
(C) Contractor logistics support. 
(D) Life-cycle product support. 
(E) Weapon systems product support. 
(3) The term ‘‘product support integrator’’ means an entity 
within the Federal Government or outside the Federal Govern-
ment charged with integrating all sources of product support, 
both private and public, defined within the scope of a product 
support arrangement. 
(4) The term ‘‘product support provider’’ means an entity 
that provides product support functions. The term includes 
an entity within the Department of Defense, an entity within 
the private sector, or a partnership between such entities. 
(5) The term ‘‘major weapon system’’ has the meaning 
given that term in section 2302d of title 10, United States 
Code. 
SEC. 806. TREATMENT OF NON-DEFENSE AGENCY PROCUREMENTS 
UNDER JOINT PROGRAMS WITH INTELLIGENCE COMMU-
NITY. 
Section 801(b) of the National Defense Authorization Act for 
Fiscal Year 2008 (10 U.S.C. 2304 note) is amended by adding 
at the end the following new paragraph: 
‘‘(3) TREATMENT OF PROCUREMENTS UNDER JOINT PROGRAMS 
WITH
INTELLIGENCE
COMMUNITY.—For purposes of this sub-
section, a contract entered into by a non-defense agency that 
is an element of the intelligence community (as defined in 
section 3(4) of the National Security Act of 1947 (50 U.S.C. 
401a(4))) for the performance of a joint program conducted 
to meet the needs of the Department of Defense and the non- 
defense agency shall not be considered a procurement of prop-
erty or services for the Department of Defense through a non- 
defense agency.’’. 
SEC. 807. POLICY AND REQUIREMENTS TO ENSURE THE SAFETY OF 
FACILITIES, INFRASTRUCTURE, AND EQUIPMENT FOR 
MILITARY OPERATIONS. 
(a) POLICY.—It shall be the policy of the Department of Defense 
that facilities, infrastructure, and equipment that are intended 
for use by military or civilian personnel of the Department in 
current or future military operations should be inspected for safety 
and habitability prior to such use, and that such facilities should 
be brought into compliance with generally accepted standards for 
the safety and health of personnel to the maximum extent prac-
ticable and consistent with the requirements of military operations 
and the best interests of the Department of Defense, to minimize 
the safety and health risk posed to such personnel. 
10 USC 113 note. 
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123 STAT. 2405 
PUBLIC LAW 111–84—OCT. 28, 2009 
(b) REQUIREMENTS.—Not later than 60 days after the date 
of the enactment of this Act, the Secretary of Defense shall— 
(1) ensure that each contract or task or delivery order 
entered into for the construction, installation, repair, mainte-
nance, or operation of facilities for use by military or civilian 
personnel of the Department complies with the policy estab-
lished in subsection (a); 
(2) ensure that contracts entered into prior to the date 
that is 60 days after the date of the enactment of this Act 
comply with such policy to the maximum extent practicable; 
(3) define the term ‘‘generally accepted standards’’ with 
respect to fire protection, structural integrity, electrical sys-
tems, plumbing, water treatment, waste disposal, and tele-
communications networks for the purposes of this section; and 
(4) provide such exceptions and limitations as may be 
needed to ensure that this section can be implemented in 
a manner that is consistent with the requirements of military 
operations and the best interests of the Department of Defense. 
Subtitle B—Amendments to General Con-
tracting Authorities, Procedures, and 
Limitation 
SEC. 811. JUSTIFICATION AND APPROVAL OF SOLE-SOURCE CON-
TRACTS. 
(a) IN GENERAL.—Not later than 180 days after the date of 
the enactment of this Act, the Federal Acquisition Regulation shall 
be revised to provide that the head of an agency may not award 
a sole-source contract in a covered procurement for an amount 
exceeding $20,000,000 unless— 
(1) the contracting officer for the contract justifies the 
use of a sole-source contract in writing; 
(2) the justification is approved by the appropriate official 
designated to approve contract awards for dollar amounts that 
are comparable to the amount of the sole-source contract; and 
(3) the justification and related information are made public 
as provided in sections 2304(f)(1)(C) and 2304(l) of title 10, 
United States Code, or sections 303(f)(1)(C) and 303(j) of the 
Federal Property and Administrative Services Act of 1949 (41 
U.S.C. 253(f)(1)(C) and 253(j)), as applicable. 
(b) ELEMENTS OF JUSTIFICATION.—The justification of a sole- 
source contract required pursuant to subsection (a) shall include 
the following: 
(1) A description of the needs of the agency concerned 
for the matters covered by the contract. 
(2) A specification of the statutory provision providing the 
exception from the requirement to use competitive procedures 
in entering into the contract. 
(3) A determination that the use of a sole-source contract 
is in the best interest of the agency concerned. 
(4) A determination that the anticipated cost of the contract 
will be fair and reasonable. 
(5) Such other matters as the head of the agency concerned 
shall specify for purposes of this section. 
(c) DEFINITIONS.—In this section: 
Deadline. 
41 USC 421 note. 
Deadline. 
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123 STAT. 2406 
PUBLIC LAW 111–84—OCT. 28, 2009 
(1) COVERED PROCUREMENT.—The term ‘‘covered procure-
ment’’ means either of the following: 
(A) A procurement described in section 2304(f)(2)(D)(ii) 
of title 10, United States Code. 
(B) A procurement described in section 303(f)(2)(D)(ii) 
of the Federal Property and Administrative Services Act 
of 1949 (41 U.S.C. 253(f)(2)(D)(ii)). 
(2) HEAD OF AN AGENCY.—The term ‘‘head of an agency’’— 
(A) in the case of a covered procurement as defined 
in paragraph (1)(A), has the meaning provided in section 
2302(1) of title 10, United States Code; and 
(B) in the case of a covered procurement as defined 
in paragraph (1)(B), has the meaning provided the term 
‘‘agency head’’ in section 309(a) of the Federal Property 
and Administrative Services Act of 1949 (41 U.S.C. 259(a)). 
(3) APPROPRIATE OFFICIAL.—The term ‘‘appropriate official’’ 
means— 
(A) in the case of a covered procurement as defined 
in paragraph (1)(A), an official designated in section 
2304(f)(1)(B) of title 10, United States Code; and 
(B) in the case of a covered procurement as defined 
in paragraph (1)(B), an official designated in section 
303(f)(1)(B) of the Federal Property and Administrative 
Services Act of 1949 (41 U.S.C. 253(f)(1)(B)). 
SEC. 812. REVISION OF DEFENSE SUPPLEMENT RELATING TO PAY-
MENT OF COSTS PRIOR TO DEFINITIZATION. 
(a) REVISION REQUIRED.—Not later than 180 days after the 
date of the enactment of this Act, the Secretary of Defense shall 
revise the Defense Supplement to the Federal Acquisition Regula-
tion to ensure that any limitations described in subsection (b) 
are applicable to all categories of undefinitized contractual actions 
(including undefinitized task orders and delivery orders). 
(b) LIMITATIONS.—The limitations referred to in subsection (a) 
are any limitations on the reimbursement of costs and the payment 
of profits or fees with respect to costs incurred before the 
definitization of an undefinitized contractual action of the Depart-
ment of Defense, including— 
(1) such limitations as described in part 52.216-26 of the 
Federal Acquisition Regulation; and 
(2) any such limitations implementing the requirements 
of section 809 of the National Defense Authorization Act for 
Fiscal Year 2008 (Public Law 110–181; 10 U.S.C. 2326 note). 
SEC. 813. REVISIONS TO DEFINITIONS RELATING TO CONTRACTS IN 
IRAQ AND AFGHANISTAN. 
(a) REVISIONS TO DEFINITION OF CONTRACT IN IRAQ OR AFGHANI-
STAN.—Section 864(a)(2) of the National Defense Authorization Act 
for Fiscal Year 2008 (Public Law 110–181; 122 Stat. 258; 10 U.S.C. 
2302 note) is amended— 
(1) by striking ‘‘or a task order or delivery order at any 
tier issued under such a contract’’ and inserting ‘‘a task order 
or delivery order at any tier issued under such a contract, 
a grant, or a cooperative agreement’’; 
(2) by striking in the parenthetical ‘‘or task order or 
delivery order’’ and inserting ‘‘task order, delivery order, grant, 
or cooperative agreement’’; 
Deadline. 
10 USC 2326 
note. 
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123 STAT. 2407 
PUBLIC LAW 111–84—OCT. 28, 2009 
(3) by striking ‘‘or task or delivery order’’ after the par-
enthetical and inserting ‘‘task order, delivery order, grant, or 
cooperative agreement’’; and 
(4) by striking ‘‘14 days’’ and inserting ‘‘30 days’’. 
(b) REVISION TO DEFINITION OF COVERED CONTRACT.—Section 
864(a)(3) of such Act (Public Law 110–181; 122 Stat. 259; 10 U.S.C. 
2302 note) is amended— 
(1) by striking ‘‘or’’ at the end of subparagraph (B); 
(2) by striking the period and inserting a semicolon at 
the end of subparagraph (C); and 
(3) by adding at the end the following new subparagraphs: 
‘‘(D) a grant for the performance of services in an 
area of combat operations, as designated by the Secretary 
of Defense under subsection (c) of section 862; or 
‘‘(E) a cooperative agreement for the performance of 
services in such an area of combat operations.’’. 
(c) REVISION TO DEFINITION OF CONTRACTOR.—Paragraph (4) 
of section 864(a) of such Act (Public Law 110–181; 122 Stat. 259; 
10 U.S.C. 2302 note) is amended to read as follows: 
‘‘(4) CONTRACTOR.—The term ‘contractor’, with respect to 
a covered contract, means— 
‘‘(A) in the case of a covered contract that is a contract, 
subcontract, task order, or delivery order, the contractor 
or subcontractor carrying out the covered contract; 
‘‘(B) in the case of a covered contract that is a grant, 
the grantee; and 
‘‘(C) in the case of a covered contract that is a coopera-
tive agreement, the recipient.’’. 
(d) REVISION IN VALUE OF CONTRACTS COVERED BY CERTAIN 
REPORT.—Section 1248(c)(1)(B) of such Act (Public Law 110–181; 
122 Stat. 400) is amended by striking ‘‘$25,000’’ and inserting 
‘‘$100,000’’. 
SEC. 814. AMENDMENT TO NOTIFICATION REQUIREMENTS FOR 
AWARDS OF SINGLE SOURCE TASK OR DELIVERY ORDERS. 
(a) CONGRESSIONAL DEFENSE COMMITTEES.—Subparagraph (B) 
of section 2304a(d)(3) of title 10, United States Code, is amended 
to read as follows: 
‘‘(B) The head of the agency shall notify the congressional 
defense committees within 30 days after any determination under 
clause (i), (ii), (iii), or (iv) of subparagraph (A).’’. 
(b) CONGRESSIONAL INTELLIGENCE COMMITTEES.—In the case 
of a task or delivery order contract awarded with respect to intel-
ligence activities of the Department of Defense, any notification 
provided under subparagraph (B) of section 2304a(d)(3) of title 
10, United States Code, as amended by subsection (a), shall also 
be provided at the same time as notification is provided to the 
congressional defense committees under that subparagraph— 
(1) to the Permanent Select Committee on Intelligence 
of the House of Representatives insofar as such task or delivery 
order contract relates to tactical intelligence and intelligence- 
related activities of the Department; and 
(2) to the Select Committee on Intelligence of the Senate 
and the Permanent Select Committee on Intelligence of the 
House of Representatives insofar as such task or delivery order 
contract relates to intelligence and intelligence-related activities 
10 USC 2304a 
note. 
Deadline. 
8 USC 1157 note. 
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123 STAT. 2408 
PUBLIC LAW 111–84—OCT. 28, 2009 
of the Department other than those specified in paragraph 
(1). 
SEC. 815. CLARIFICATION OF UNIFORM SUSPENSION AND DEBARMENT 
REQUIREMENT. 
Section 2455(c)(1) of the Federal Acquisition Streamlining Act 
of 1994 (31 U.S.C. 6101 note) is amended by adding at the end 
the following: ‘‘Such term includes subcontracts at any tier, other 
than subcontracts for commercially available off-the-shelf items (as 
defined in section 35(c) of the Office of Federal Procurement Policy 
Act (41 U.S.C. 431(c))), except that in the case of a contract for 
commercial items, such term includes only first-tier subcontracts.’’. 
SEC. 816. EXTENSION OF AUTHORITY FOR USE OF SIMPLIFIED 
ACQUISITION PROCEDURES FOR CERTAIN COMMERCIAL 
ITEMS. 
Section 4202 of the Clinger–Cohen Act of 1996 (division D 
of Public Law 104–106; 110 Stat. 652; 10 U.S.C. 2304 note) as 
amended by section 822 of the National Defense Authorization 
Act for Fiscal Year 2008 (Public Law 110–181; 122 Stat. 226) 
is amended in subsection (e) by striking ‘‘2010’’ and inserting ‘‘2012’’. 
SEC. 817. REPORTING REQUIREMENTS FOR PROGRAMS THAT QUALIFY 
AS BOTH MAJOR AUTOMATED INFORMATION SYSTEM PRO-
GRAMS AND MAJOR DEFENSE ACQUISITION PROGRAMS. 
(a) IN GENERAL.—Section 2445d of title 10, United States Code, 
is amended by striking ‘‘of this title’’ and all that follows and 
inserting ‘‘of this title, the Secretary may designate the program 
to be treated only as a major automated information system pro-
gram covered by this chapter or to be treated only as a major 
defense acquisition program covered by such chapter 144.’’. 
(b) GUIDANCE REQUIRED.—Not later than 180 days after the 
date of the enactment of this Act, the Secretary of Defense shall 
issue guidance on the implementation of section 2445d of title 
10, United States Code (as amended by subsection (a)). The guid-
ance shall provide that, as a general rule— 
(1) a program covered by such section that requires the 
development of customized hardware shall be treated only as 
a major defense acquisition program under chapter 144 of title 
10, United States Code; and 
(2) a program covered by such section that does not require 
the development of customized hardware shall be treated only 
as a major automated information system program under 
chapter 144A of title 10, United States Code. 
SEC. 818. SMALL ARMS PRODUCTION INDUSTRIAL BASE MATTERS. 
(a) AUTHORITY
TO
MODIFY
DEFINITION
OF
‘‘SMALL
ARMS 
PRODUCTION INDUSTRIAL BASE’’.—Section 2473(c) of title 10, United 
States Code, is amended— 
(1) by striking ‘‘In this section’’ and inserting ‘‘(1) Subject 
to paragraph (2), in this section’’; and 
(2) by adding at the end the following new paragraph: 
‘‘(2) After March 31, 2010, the Secretary of Defense may elimi-
nate, modify, or add to the firms included in the small arms produc-
tion industrial base, as defined in paragraph (1), as he determines 
appropriate to best ensure the competitive development, production, 
and maintenance of small arms for the Department of Defense.’’. 
(b) REVIEW OF SMALL ARMS PRODUCTION INDUSTRIAL BASE.— 
10 USC 2445d 
note. 
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123 STAT. 2409 
PUBLIC LAW 111–84—OCT. 28, 2009 
(1) REVIEW.—Not later than March 31, 2010, the Secretary 
of Defense shall review and determine, based on current and 
future Department requirements and competitive manufac-
turing capability and capacity— 
(A) whether any firms included in the small arms 
production industrial base (as that term is defined in sec-
tion 2473(c) of title 10, United States Code) should be 
eliminated or modified and whether any additional firms 
should be included; and 
(B) whether any of the small arms listed in section 
2473(d) of title 10, United States Code, should be elimi-
nated from the list or modified on the list and whether 
any additional small arms should be included in the list. 
(2) REPORTS.— 
(A) Not later than March 31, 2010, the Secretary of 
Defense shall submit to the congressional defense commit-
tees a report on the review conducted under this subsection. 
(B) The Secretary of Defense shall notify the congres-
sional defense committees not later than 30 days after 
making any modification to the list maintained pursuant 
to subsection (c) of section 2473 of title 10, United States 
Code, or the list under subsection (d) of such section. 
SEC. 819. CONTRACT AUTHORITY FOR ADVANCED COMPONENT 
DEVELOPMENT OR PROTOTYPE UNITS. 
(a) AUTHORITY.—A contract initially awarded from the competi-
tive selection of a proposal resulting from a general solicitation 
referred to in section 2302(2)(B) of title 10, United States Code, 
may contain a contract line item or contract option for— 
(1) the provision of advanced component development or 
prototype of technology developed under the contract; or 
(2) the delivery of initial or additional prototype items 
if the item or a prototype thereof is created as the result 
of work performed under the contract. 
(b) LIMITATIONS.— 
(1) MINIMAL AMOUNT.—A contract line item or contract 
option described in subsection (a)(2) shall require the delivery 
of the minimal amount of initial or additional prototype items 
to allow for the timely competitive solicitation and award of 
a follow-on development or production contract for those items. 
(2) TERM.—A contract line item or contract option described 
in subsection (a) shall be for a term of not more than 12 
months. 
(3) DOLLAR VALUE OF WORK.—The dollar value of the work 
to be performed pursuant to a contract line item or contract 
option described in subsection (a) may not exceed the lesser 
of the amounts as follows: 
(A) The amount that is three times the dollar value 
of the work previously performed under the contract. 
(B) $20,000,000. 
(4) TERMINATION OF AUTHORITY.—A military department 
or defense agency may not exercise a contract line item or 
contract option pursuant to the authority provided in subsection 
(a) after September 30, 2014. 
(c) REPORT.—The Secretary of Defense shall submit to the 
congressional defense committees a report on the use of the 
10 USC 2302 
note. 
Deadline. 
Determination. 
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123 STAT. 2410 
PUBLIC LAW 111–84—OCT. 28, 2009 
authority provided by subsection (a) not later than March 1, 2013. 
The report shall, at a minimum, describe— 
(1) the number of times a contract line item or contract 
option was exercised under such authority, the dollar amount 
of each such line item or option, and the scope of each such 
line item or option; 
(2) the circumstances that rendered the military depart-
ment or defense agency unable to solicit and award a follow- 
on development or production contract in a timely fashion, 
but for the use of such authority; 
(3) the extent to which such authority affected competition 
and technology transition; and 
(4) such recommendations as the Secretary considers appro-
priate, including any recommendations regarding the modifica-
tion or extension of such authority. 
SEC. 820. PUBLICATION OF NOTIFICATION OF BUNDLING OF CON-
TRACTS OF THE DEPARTMENT OF DEFENSE. 
(a) REQUIREMENT TO PUBLISH NOTIFICATION FOR BUNDLING.— 
A contracting officer of the Department of Defense carrying out 
a covered acquisition shall publish a notification consistent with 
the requirements of paragraph (c)(2) of subpart 10.001 of the Fed-
eral 
Acquisition 
Regulation 
on 
the 
website 
known 
as 
FedBizOpps.gov (or any successor site) at least 30 days prior to 
the release of a solicitation for such acquisition and, if the agency 
has determined that measurably substantial benefits are expected 
to be derived as a result of bundling such acquisition, shall include 
in the notification a brief description of the benefits. 
(b) COVERED ACQUISITION DEFINED.—In this section, the term 
‘‘covered acquisition’’ means an acquisition that is— 
(1) funded entirely using funds of the Department of 
Defense; and 
(2) covered by subpart 7.107 of the Federal Acquisition 
Regulation (relating to acquisitions involving bundling). 
(c) CONSTRUCTION.— 
(1) NOTIFICATION.—Nothing in this section shall be con-
strued to alter the responsibility of a contracting officer to 
provide the notification referred to in subsection (a) with respect 
to a covered acquisition, or otherwise provide notification, to 
any party concerning such acquisition under any other require-
ment of law or regulation. 
(2) DISCLOSURE.—Nothing in this section shall be construed 
to require the public availability of information that is exempt 
from public disclosure under section 552(b) of title 5, United 
States Code, or is otherwise restricted from public disclosure 
by law or Executive order. 
(3) ISSUANCE
OF
SOLICITATION.—Nothing in this section 
shall be construed to require a contracting officer to delay 
the issuance of a solicitation in order to meet the requirements 
of subsection (a) if the expedited issuance of such solicitation 
is otherwise authorized under any other requirement of law 
or regulation. 
Web posting. 
Deadline. 
Determination. 
10 USC 2304 
note. 
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123 STAT. 2411 
PUBLIC LAW 111–84—OCT. 28, 2009 
Subtitle C—Contractor Matters 
SEC. 821. AUTHORITY FOR GOVERNMENT SUPPORT CONTRACTORS TO 
HAVE ACCESS TO TECHNICAL DATA BELONGING TO PRIME 
CONTRACTORS. 
(a) AUTHORITY FOR ACCESS TO TECHNICAL DATA.—Subsection 
(c) of section 2320 of title 10, United States Code, is amended— 
(1) in paragraph (1), by striking ‘‘or’’ at the end; 
(2) by redesignating paragraph (2) as paragraph (3); and 
(3) by inserting after paragraph (1) the following new para-
graph (2): 
‘‘(2) notwithstanding any limitation upon the license rights 
conveyed under subsection (a), allowing a covered Government 
support contractor access to and use of any technical data 
delivered under a contract for the sole purpose of furnishing 
independent and impartial advice or technical assistance 
directly to the Government in support of the Government’s 
management and oversight of the program or effort to which 
such technical data relates; or’’. 
(b) COVERED GOVERNMENT SUPPORT CONTRACTOR DEFINED.— 
Such section is further amended by adding at the end the following 
new subsection: 
‘‘(f) In this section, the term ‘covered Government support con-
tractor’ means a contractor under a contract the primary purpose 
of which is to furnish independent and impartial advice or technical 
assistance directly to the Government in support of the Govern-
ment’s management and oversight of a program or effort (rather 
than to directly furnish an end item or service to accomplish a 
program or effort), which contractor— 
‘‘(1) is not affiliated with the prime contractor or a first- 
tier subcontractor on the program or effort, or with any direct 
competitor of such prime contractor or any such first-tier sub-
contractor in furnishing end items or services of the type devel-
oped or produced on the program or effort; and 
‘‘(2) executes a contract with the Government agreeing 
to and acknowledging— 
‘‘(A) that proprietary or nonpublic technical data fur-
nished will be accessed and used only for the purposes 
stated in that contract; 
‘‘(B) that the covered Government support contractor 
will enter into a non-disclosure agreement with the con-
tractor to whom the rights to the technical data belong; 
‘‘(C) that the covered Government support contractor 
will take all reasonable steps to protect the proprietary 
and nonpublic nature of the technical data furnished to 
the covered Government support contractor during the pro-
gram or effort for the period of time in which the Govern-
ment is restricted from disclosing the technical data outside 
of the Government; 
‘‘(D) that a breach of that contract by the covered 
Government support contractor with regard to a third 
party’s ownership or rights in such technical data may 
subject the covered Government support contractor— 
‘‘(i) to criminal, civil, administrative, and contrac-
tual actions in law and equity for penalties, damages, 
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123 STAT. 2412 
PUBLIC LAW 111–84—OCT. 28, 2009 
and other appropriate remedies by the United States; 
and 
‘‘(ii) to civil actions for damages and other appro-
priate remedies by the contractor or subcontractor 
whose technical data is affected by the breach; and 
‘‘(E) that such technical data provided to the covered 
Government support contractor under the authority of this 
section shall not be used by the covered Government sup-
port contractor to compete against the third party for 
Government or non-Government contracts.’’. 
SEC. 822. EXTENSION AND ENHANCEMENT OF AUTHORITIES ON THE 
COMMISSION ON WARTIME CONTRACTING IN IRAQ AND 
AFGHANISTAN. 
(a) DATE OF FINAL REPORT.—Subsection (d)(3) of section 841 
of the National Defense Authorization Act for Fiscal Year 2008 
(Public Law 110–181; 122 Stat. 230) is amended by striking ‘‘two 
years’’ and inserting ‘‘three years’’. 
(b) ASSISTANCE FROM FEDERAL AGENCIES.—Such section is fur-
ther amended— 
(1) by redesignating subsections (f) and (g) as subsections 
(g) and (h), respectively; and 
(2) by inserting after subsection (e) the following new sub-
section (f): 
‘‘(f) ASSISTANCE FROM FEDERAL AGENCIES.— 
‘‘(1) DEPARTMENT OF DEFENSE.—The Secretary of Defense 
shall provide to the Commission administrative support for 
the performance of the Commission’s functions in carrying out 
the requirements of this section. 
‘‘(2) TRAVEL
AND
LODGING
IN
COMBAT
THEATERS.—The 
administrative support provided the Commission under para-
graph (1) shall include travel and lodging undertaken in combat 
theaters, which support shall be provided through funds made 
available for that purpose through the Washington Head-
quarters Services or on a non-reimbursable basis, as appro-
priate. 
‘‘(3) OTHER DEPARTMENTS AND AGENCIES.—In addition to 
the support required by paragraph (1), any department or 
agency of the Federal Government may provide to the Commis-
sion such services, funds, facilities, staff, and other support 
services for the performance of the Commission’s functions as 
the head of such department or agency considers advisable, 
or as may otherwise be authorized by law.’’. 
SEC. 823. AUTHORITY FOR SECRETARY OF DEFENSE TO REDUCE OR 
DENY AWARD FEES TO COMPANIES FOUND TO JEOP-
ARDIZE HEALTH OR SAFETY OF GOVERNMENT PER-
SONNEL. 
(a) AUTHORITY TO REDUCE OR DENY AWARD FEES.—Not later 
than 180 days after the date of the enactment of this Act, the 
Secretary of Defense shall revise the guidance issued pursuant 
to section 814 of the John Warner National Defense Authorization 
Act for Fiscal Year 2007 (Public Law 109–364; 129 Stat. 2321) 
to ensure that all covered contracts using award fees— 
(1) provide for the consideration of any incident described 
in subsection (b) in evaluations of contractor performance for 
the relevant award fee period; and 
Deadline. 
Guidance. 
10 USC 2302 
note. 
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123 STAT. 2413 
PUBLIC LAW 111–84—OCT. 28, 2009 
(2) authorize the Secretary to reduce or deny award fees 
for the relevant award fee period, or to recover all or part 
of award fees previously paid for such period, on the basis 
of the negative impact of such incident on contractor perform-
ance. 
(b) COVERED INCIDENTS.—An incident referred to in subsection 
(a) is any incident in which the contractor— 
(1) has been determined, through a criminal, civil, or 
administrative proceeding that results in a disposition listed 
in subsection (c), in the performance of a covered contract 
to have caused serious bodily injury or death to any civilian 
or military personnel of the Government through gross neg-
ligence or with reckless disregard for the safety of such per-
sonnel; or 
(2) has been determined, through a criminal, civil, or 
administrative proceeding that results in a disposition listed 
in subsection (c), to be liable for actions of a subcontractor 
of the contractor that caused serious bodily injury or death 
to any civilian or military personnel of the Government, through 
gross negligence or with reckless disregard for the safety of 
such personnel. 
(c) LIST OF DISPOSITIONS IN CRIMINAL, CIVIL, OR ADMINISTRA-
TIVE PROCEEDINGS.—For purposes of subsection (a), the dispositions 
listed in this subsection are as follows: 
(1) In a criminal proceeding, a conviction. 
(2) In a civil proceeding, a finding of fault and liability 
that results in the payment of a monetary fine, penalty, 
reimbursement, restitution, or damages of $5,000 or more. 
(3) In an administrative proceeding, a finding of fault and 
liability that results in— 
(A) the payment of a monetary fine or penalty of $5,000 
or more; or 
(B) the payment of a reimbursement, restitution, or 
damages in excess of $100,000. 
(4) To the maximum extent practicable and consistent with 
applicable laws and regulations, in a criminal, civil, or adminis-
trative proceeding, a disposition of the matter by consent or 
compromise with an acknowledgment of fault by the person 
if the proceeding could have led to any of the outcomes specified 
in paragraph (1), (2), or (3). 
(d) DEFINITIONS.—In this section: 
(1) The term ‘‘defense contractor’’ means a company 
awarded a covered contract. 
(2) The term ‘‘covered contract’’ means a contract awarded 
by the Department of Defense for the procurement of goods 
or services. 
(3) The term ‘‘serious bodily injury’’ means a grievous phys-
ical harm that results in a permanent disability. 
(e) EFFECTIVE DATE.—This section shall apply with respect 
to contracts entered into after the date occurring 180 days after 
the date of the enactment of this Act. 
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123 STAT. 2414 
PUBLIC LAW 111–84—OCT. 28, 2009 
Subtitle D—Acquisition Workforce Matters 
SEC. 831. ENHANCEMENT OF EXPEDITED HIRING AUTHORITY FOR 
DEFENSE ACQUISITION WORKFORCE POSITIONS. 
(a) IN GENERAL.—Paragraph (1) of section 1705(h) of title 10, 
United States Code, is amended— 
(1) in subparagraph (A), by striking ‘‘acquisition positions 
within the Department of Defense as shortage category posi-
tions’’ and inserting ‘‘acquisition workforce positions as posi-
tions for which there exists a shortage of candidates or there 
is a critical hiring need’’; and 
(2) in subparagraph (B), by striking ‘‘highly’’. 
(b) EXTENSION.—Paragraph (2) of such section is amended by 
striking ‘‘September 30, 2012’’ and inserting ‘‘September 30, 2015’’. 
(c) TECHNICAL AMENDMENT.—Paragraph (1) of such section is 
further amended by striking ‘‘United States Code,’’ in the matter 
preceding subparagraph (A). 
SEC. 832. FUNDING OF DEPARTMENT OF DEFENSE ACQUISITION 
WORKFORCE DEVELOPMENT FUND. 
(a) ADDITIONAL ELEMENT OF FUND.—Subsection (d) of section 
1705 of title 10, United States Code, is amended— 
(1) in paragraph (1)— 
(A) by redesignating subparagraph (B) as subpara-
graph (C); and 
(B) by inserting after subparagraph (A) the following 
new subparagraph (B): 
‘‘(B) Amounts transferred to the Fund pursuant to 
paragraph (3).’’; and 
(2) by adding at the end the following new paragraph: 
‘‘(3) TRANSFER
OF
CERTAIN
UNOBLIGATED
BALANCES.—To 
the extent provided in appropriations Acts, the Secretary of 
Defense may, during the 24-month period following the expira-
tion of availability for obligation of any appropriations made 
to the Department of Defense for procurement, research, 
development, test, and evaluation, or operation and mainte-
nance, transfer to the Fund any unobligated balance of such 
appropriations. Any amount so transferred shall be credited 
to the Fund.’’. 
(b) NATURE
OF EXPENDED AMOUNTS PROVIDING BASIS
FOR 
CREDIT TO FUND.—Subparagraph (A) of paragraph (2) of such sub-
section is amended by striking ‘‘, other than’’ and all that follows 
and inserting ‘‘from amounts available for contract services for 
operation and maintenance.’’. 
(c) REMITTANCES.—Subparagraph (B) of paragraph (2) of such 
subsection is amended by inserting ‘‘, from amounts available to 
such military department or Defense Agency, as the case may 
be, for contract services for operation and maintenance,’’ after ‘‘remit 
to the Secretary of Defense’’. 
(d) ADDITIONAL MATTERS RELATING TO REMITTANCES.— 
(1) REMITTANCE BY FISCAL YEAR INSTEAD OF QUARTER.— 
Subparagraph (B) of paragraph (2) of such subsection is 
amended— 
(A) in the first sentence, by striking ‘‘the third fiscal 
year quarter’’ and all that follows through ‘‘thereafter’’ 
and inserting ‘‘the first quarter of each fiscal year’’; and 
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123 STAT. 2415 
PUBLIC LAW 111–84—OCT. 28, 2009 
(B) by striking ‘‘quarter’’ before ‘‘for services’’. 
(2) ADDITIONAL
REQUIREMENTS
AND
LIMITATIONS.—Such 
subsection is further amended— 
(A) in paragraph (2)(B), by striking ‘‘Not later than’’ 
and inserting ‘‘Subject to paragraph (4), not later than’’; 
and 
(B) by adding at the end the following new paragraph: 
‘‘(4) ADDITIONAL REQUIREMENTS AND LIMITATIONS ON REMIT-
TANCES.—(A) In the event amounts are transferred to the Fund 
during a fiscal year pursuant to paragraph (1)(B) or appro-
priated to the Fund for a fiscal year pursuant to paragraph 
(1)(C), the aggregate amount otherwise required to be remitted 
to the Fund for that fiscal year pursuant to paragraph (2)(B) 
shall be reduced by the amount equal to the amounts so trans-
ferred or appropriated to the Fund during or for that fiscal 
year. Any reduction in the aggregate amount required to be 
remitted to the Fund for a fiscal year under this subparagraph 
shall be allocated as provided in applicable provisions of appro-
priations Acts or, absent such provisions, on a pro rata basis 
among the military departments and Defense Agencies required 
to make remittances to the Fund for that fiscal year under 
paragraph (2)(B), subject to any exclusions the Secretary of 
Defense determines to be necessary in the best interests of 
the Department of Defense. 
‘‘(B) Any remittance of amounts to the Fund for a fiscal 
year under paragraph (2) shall be subject to the availability 
of appropriations for that purpose.’’. 
(e) REMITTANCE AMOUNTS.—Paragraph (2) of such subsection 
is further amended by striking subparagraphs (C) and (D) and 
inserting the following new subparagraphs: 
‘‘(C) For purposes of this paragraph, the applicable 
percentage for a fiscal year is the percentage that results 
in the credit to the Fund in such fiscal year of an amount 
as follows: 
‘‘(i) For fiscal year 2010, $100,000,000. 
‘‘(ii) For fiscal year 2011, $770,000,000. 
‘‘(iii) For fiscal year 2012, $900,000,000. 
‘‘(iv) For fiscal year 2013, $1,180,000,000. 
‘‘(v) For fiscal year 2014, $1,330,000,000. 
‘‘(vi) For fiscal year 2015, $1,470,000,000. 
‘‘(D) The Secretary of Defense may reduce an amount 
specified in subparagraph (C) for a fiscal year if the Sec-
retary determines that the amount is greater than is 
reasonably needed for purposes of the Fund for such fiscal 
year. The Secretary may not reduce the amount for a 
fiscal year to an amount that is less than 80 percent 
of the amount otherwise specified in subparagraph (C) 
for such fiscal year.’’. 
(f) CLARIFICATION OF LIMITATION ON PAY OF BASE SALARY OF 
CURRENT EMPLOYEES.—Subsection (e)(5) of such section is amended 
by striking ‘‘as of the date of the enactment of the National Defense 
Authorization Act for Fiscal Year 2008’’ and inserting ‘‘serving 
in a position in the acquisition workforce as of January 28, 2008’’. 
(g) TECHNICAL AMENDMENTS.— 
(1) Subsection (a) of such section is amended by inserting 
‘‘Development’’ after ‘‘Workforce’’. 
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123 STAT. 2416 
PUBLIC LAW 111–84—OCT. 28, 2009 
(2) Subsection (f) of such section is amended in the matter 
preceding paragraph (1) by striking ‘‘beginning with fiscal year 
2008’’. 
(h) EFFECTIVE DATES.— 
(1) FUNDING
AMENDMENTS.—The amendments made by 
subsections (a) through (c) shall take effect as of October 1, 
2009. 
(2) TECHNICAL AMENDMENTS.—The amendments made by 
subsections (f) and (g) shall take effect on the date of the 
enactment of this Act. 
SEC. 833. REVIEW OF POST-EMPLOYMENT RESTRICTIONS APPLICABLE 
TO THE DEPARTMENT OF DEFENSE. 
(a) REVIEW REQUIRED.—The Panel on Contracting Integrity, 
established pursuant to section 813 of the John Warner National 
Defense Authorization Act for Fiscal Year 2007 (Public Law 109– 
364), shall review policies relating to post-employment restrictions 
on former Department of Defense personnel to determine whether 
such policies adequately protect the public interest, without 
unreasonably limiting future employment options for former Depart-
ment of Defense personnel. 
(b) MATTERS CONSIDERED.—In performing the review required 
by subsection (a), the Panel shall consider the extent to which 
current post-employment restrictions— 
(1) appropriately protect the public interest by preventing 
personal conflicts of interests and preventing former Depart-
ment of Defense officials from exercising undue or inappropriate 
influence on the Department of Defense; 
(2) appropriately require disclosure of personnel accepting 
employment with contractors of the Department of Defense 
involving matters related to their official duties; 
(3) use appropriate thresholds, in terms of salary or duties, 
for the establishment of such restrictions; 
(4) are sufficiently straightforward and have been explained 
to personnel of the Department of Defense so that such per-
sonnel are able to avoid potential violations of post-employment 
restrictions and conflicts of interest in interactions with former 
personnel of the Department; 
(5) appropriately apply to all personnel performing duties 
in acquisition-related activities, such as personnel involved in— 
(A) the establishment of requirements; 
(B) testing and evaluation; and 
(C) the development of doctrine; 
(6) ensure that the Department of Defense has access to 
world-class talent, especially with respect to highly qualified 
technical, engineering, and acquisition expertise; and 
(7) ensure that service in the Department of Defense 
remains an attractive career option. 
(c) COMPLETION OF THE REVIEW.—The Panel shall complete 
the review required by subsection (a) not later than one year 
after the date of the enactment of this Act. 
(d) REPORT TO COMMITTEES ON ARMED SERVICES.—Not later 
than 30 days after the completion of the review, the Panel shall 
submit to the Committees on Armed Services of the Senate and 
the House of Representatives a report containing the findings of 
the review and the recommendations of the Panel to the Secretary 
10 USC 1705 
note. 
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123 STAT. 2417 
PUBLIC LAW 111–84—OCT. 28, 2009 
of Defense, including recommended legislative or regulatory 
changes, resulting from the review. 
(e) NATIONAL ACADEMY OF PUBLIC ADMINISTRATION ASSESS-
MENT.— 
(1) Not later than 30 days after the completion of the 
review, the Secretary of Defense shall enter into an arrange-
ment with the National Academy of Public Administration to 
assess the findings and recommendations of the review. 
(2) Not later than 210 days after the completion of the 
review, the National Academy of Public Administration shall 
provide its assessment of the review to the Secretary, along 
with such additional recommendations as the National 
Academy may have. 
(3) Not later than 30 days after receiving the assessment, 
the Secretary shall provide the assessment, along with such 
comments as the Secretary considers appropriate, to the 
Committees on Armed Services of the Senate and the House 
of Representatives. 
SEC. 834. REVIEW OF FEDERAL ACQUISITION WORKFORCE TRAINING 
AND HIRING. 
(a) COMPTROLLER GENERAL REPORT ON THE GOVERNMENT-WIDE 
ACQUISITION WORKFORCE DEVELOPMENT STRATEGIC PLAN.—Not 
later than 180 days after the Acquisition Workforce Development 
Strategic Plan required by section 869 of the Duncan Hunter 
National Defense Authorization Act for Fiscal Year 2009 (Public 
Law 110–417; 122 Stat. 4553) is completed, the Comptroller General 
of the United States shall submit to the relevant committees of 
Congress a report on the Plan. 
(b) MATTERS COVERED.—The report required under subsection 
(a) shall include assessments of the following: 
(1) The methodologies used to formulate the Acquisition 
Workforce Development Strategic Plan and its recommenda-
tions. 
(2) The extent to which the Acquisition Workforce Develop-
ment Strategic Plan addresses previously identified short-
comings in the acquisition workforce and prior efforts by agen-
cies to develop acquisition workforce plans, including the strate-
gies used to identify and hire acquisition personnel. 
(3) The feasibility of the Acquisition Workforce Develop-
ment Strategic Plan’s recommendations and associated time 
frames for implementation, particularly as they relate to the 
development of a sustainable funding model and the applica-
bility of the Defense Acquisition Workforce Development Fund 
model to civilian agencies. 
(4) The extent to which the Acquisition Workforce Develop-
ment Strategic Plan considered the use by agencies of contractor 
personnel to supplement the acquisition workforce. 
(5) Whether the Acquisition Workforce Development Stra-
tegic Plan considered the full range of laws, regulations, and 
policies that currently apply to the acquisition workforce. 
(6) The extent to which the Acquisition Workforce Develop-
ment Strategic Plan considered the specific training and reten-
tion tools (whether located within or outside an agency) used 
to professionally develop and retain acquisition personnel, 
including the following: 
(A) The Defense Acquisition University. 
Deadlines. 
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123 STAT. 2418 
PUBLIC LAW 111–84—OCT. 28, 2009 
(B) The Federal Acquisition Institute. 
(C) Continuing education and professional development 
opportunities available to acquisition professionals. 
(D) Opportunities to pursue higher education available 
to acquisition personnel, including scholarships and student 
loan forgiveness. 
(7) Such other matters, findings, and recommendations as 
the Comptroller General considers appropriate. 
(c) RELEVANT COMMITTEES.—In this section, the term ‘‘relevant 
committees’’ means each of the following: 
(1) The Committee on Oversight and Government Reform 
of the House of Representatives. 
(2) The Committee on Armed Services of the House of 
Representatives. 
(3) The Committee on Homeland Security and Government 
Affairs of the Senate. 
(4) The Committee on Armed Services of the Senate. 
Subtitle E—Other Matters 
SEC. 841. REPORTS TO CONGRESS ON FULL DEPLOYMENT DECISIONS 
FOR MAJOR AUTOMATED INFORMATION SYSTEM PRO-
GRAMS. 
(a) IMPLEMENTATION SCHEDULE.—Section 2445b(b)(2) of title 
10, United States Code, is amended by striking ‘‘initial operational 
capability, and full operational capability’’ and inserting ‘‘full 
deployment decision, and full deployment’’. 
(b) CRITICAL CHANGES IN PROGRAM.—Section 2445c(d)(2)(A) of 
such title is amended by striking ‘‘initial operational capability’’ 
and inserting ‘‘a full deployment decision’’. 
(c) DEFINITIONS.—Section 2445a of such title is amended by 
adding at the end the following new subsections: 
‘‘(e) FULL DEPLOYMENT DECISION.—In this chapter, the term 
‘full deployment decision’ means, with respect to a major automated 
information system program, the final decision made by the Mile-
stone Decision Authority authorizing an increment of the program 
to deploy software for operational use. 
‘‘(f) FULL DEPLOYMENT.—In this chapter, the term ‘full deploy-
ment’ means, with respect to a major automated information system 
program, the fielding of an increment of the program in accordance 
with the terms of a full deployment decision.’’. 
SEC. 842. AUTHORIZATION TO TAKE ACTIONS TO CORRECT THE INDUS-
TRIAL RESOURCE SHORTFALL FOR HIGH-PURITY BERYL-
LIUM METAL. 
Notwithstanding any limitation in section 303 of the Defense 
Production Act of 1950 (50 U.S.C. App. 2093), an action may be 
taken under such section to correct an industrial resource shortfall 
or domestic industrial base shortfall for high-purity beryllium metal 
if such action does not cause the aggregate outstanding amount 
of all such actions for such shortfall to exceed ‘‘$85,000,000’’. 
SEC. 843. REPORT ON RARE EARTH MATERIALS IN THE DEFENSE 
SUPPLY CHAIN. 
(a) REPORT REQUIRED.—Not later than April 1, 2010, the Comp-
troller General shall submit to the Committees on Armed Services 
50 USC 
app. 2093 note. 
Definition. 
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123 STAT. 2419 
PUBLIC LAW 111–84—OCT. 28, 2009 
of the Senate and House of Representatives a report on rare earth 
materials in the supply chain of the Department of Defense. 
(b) MATTERS ADDRESSED.—The report required by subsection 
(a) shall address, at a minimum, the following: 
(1) An analysis of the current and projected domestic and 
worldwide availability of rare earths for use in defense systems, 
including an analysis of projected availability of these materials 
in the export market. 
(2) An analysis of actions or events outside the control 
of the Government of the United States that could restrict 
the access of the Department of Defense to rare earth materials, 
such as past procurements and attempted procurements of 
rare earth mines and mineral rights. 
(3) A determination as to which defense systems are cur-
rently dependent on, or projected to become dependent on, 
rare earth materials, particularly neodymium iron boron 
magnets, whose supply could be restricted— 
(A) by actions or events identified pursuant to para-
graph (2); or 
(B) by other actions or events outside the control of 
the Government of the United States. 
(4) The risk to national security, if any, of the dependencies 
(current or projected) identified pursuant to paragraph (3). 
(5) Any steps that the Department of Defense has taken 
or is planning to take to address any such risk to national 
security. 
(6) Such recommendations for further action to address 
the matters covered by the report as the Comptroller General 
considers appropriate. 
(c) DEFINITIONS.—In this section: 
(1) The term ‘‘rare earth’’ means the chemical elements, 
all metals, beginning with lanthanum, atomic number 57, and 
including all of the natural chemical elements in the periodic 
table following lanthanum up to and including lutetium, ele-
ment number 71. The term also includes the elements yttrium 
and scandium. 
(2) The term ‘‘rare earth material’’ includes rare earth 
ores, semi-finished rare earth products, and components con-
taining rare earth materials. 
SEC. 844. COMPTROLLER GENERAL REPORT ON STRUCTURE AND 
MANAGEMENT OF SUBCONTRACTORS UNDER CONTRACTS 
FOR MAJOR WEAPON SYSTEMS. 
(a) STUDY.—The Comptroller General shall conduct a study 
on the structure and management of major subcontracts under 
contracts for the acquisition of selected major weapon systems. 
(b) ISSUES TO BE ADDRESSED.—At a minimum, the study 
required by subsection (a) shall address the following: 
(1) The number of major subcontracts under each prime 
contract reviewed. 
(2) The manner in which the prime contractor addressed 
decisions to conduct work in-house or through subcontracts. 
(3) The manner in which any potential organizational con-
flicts of interest were addressed and the Government’s role 
(if any) in selecting the approach chosen. 
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123 STAT. 2420 
PUBLIC LAW 111–84—OCT. 28, 2009 
(4) The manner in which such subcontracts were awarded 
(including the degree of competition) and the Government’s 
role (if any) in such award decisions. 
(5) Any recommendations that the Comptroller General 
may have for improving Government oversight, reducing the 
oversight burden on the acquisition workforce, or otherwise 
improving the management of subcontractors under contracts 
for the acquisition of major weapon systems. 
(c) DEADLINE FOR SUBMISSION.—Not later than one year after 
the date of the enactment of this Act, the Comptroller General 
shall submit to the Committees on Armed Services of the Senate 
and the House of Representatives a report on the results of the 
study required by subsection (a), with such findings and rec-
ommendations as the Comptroller General considers appropriate. 
SEC. 845. STUDY OF THE USE OF FACTORS OTHER THAN COST OR 
PRICE AS THE PREDOMINATE FACTORS IN EVALUATING 
COMPETITIVE PROPOSALS FOR DEFENSE PROCUREMENT 
CONTRACTS. 
(a) STUDY REQUIRED.—The Comptroller General of the United 
States shall conduct a study of Department of Defense procurements 
that use solicitations in which evaluation factors other than cost 
or price, when combined, are more important than cost or price. 
(b) ISSUES TO BE ADDRESSED.—The study required by sub-
section (a) shall include, at a minimum, an assessment of— 
(1) the frequency with which evaluation factors other than 
cost or price, when combined, are given more weight than 
cost or price in solicitations for competitive proposals; 
(2) the types of contracts for products or services for which 
such evaluation factors are most frequently used; 
(3) the reasons why the Department of Defense chooses 
to use such evaluation factors; and 
(4) the extent to which the use of such factors is or is 
not in the interest of the Department of Defense. 
(c) REPORT.—Not later than one year after the date of the 
enactment of this Act, the Comptroller General shall submit to 
the Committees on Armed Service of the Senate and the House 
of Representatives a report on the results of the study required 
by subsection (a). 
SEC. 846. REPEAL OF REQUIREMENTS RELATING TO THE MILITARY 
SYSTEM ESSENTIAL ITEM BREAKOUT LIST. 
Section 813 of the National Defense Authorization Act for Fiscal 
Year 2004 (Public Law 108–136; 117 Stat. 1543) is repealed. 
SEC. 847. EXTENSION OF SBIR AND STTR PROGRAMS OF THE DEPART-
MENT OF DEFENSE. 
(a) SBIR EXTENSION.—Section 9(m) of the Small Business Act 
(15 U.S.C. 638(m)) is amended— 
(1) by striking ‘‘The authorization’’ and inserting the fol-
lowing: 
‘‘(1) IN GENERAL.—Except as provided in paragraph (2), 
the authorization’’; and 
(2) by adding at the end the following: 
‘‘(2) EXCEPTION FOR DEPARTMENT OF DEFENSE.—The Sec-
retary of Defense and the Secretary of each military department 
is authorized to carry out the Small Business Innovation 
10 USC 2501 
note. 
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123 STAT. 2421 
PUBLIC LAW 111–84—OCT. 28, 2009 
Research Program of the Department of Defense until Sep-
tember 30, 2010’’. 
(b) STTR REAUTHORIZATION.—Section 9(n)(1)(A) of the Small 
Business Act (15 U.S.C. 638(n)(1)(A)) is amended— 
(1) by striking ‘‘With respect’’ and inserting the following: 
‘‘(i) FEDERAL
AGENCIES
GENERALLY.—Except as 
provided in clause (ii), with respect’’; and 
(2) by adding at the end the following: 
‘‘(ii) DEPARTMENT OF DEFENSE.—The Secretary of 
Defense and the Secretary of each military department 
shall carry out clause (i) with respect to each fiscal 
year through fiscal year 2010.’’. 
(c) EFFECTIVE DATE.—The amendments made by this section 
shall take effect as of July 30, 2009. 
SEC. 848. EXTENSION OF AUTHORITY FOR SMALL BUSINESS INNOVA-
TION RESEARCH COMMERCIALIZATION PILOT PROGRAM. 
Section 9(y) of the Small Business Act (15 U.S.C. 638(y)) is 
amended in paragraph (6) by striking ‘‘2009’’ and inserting ‘‘2010’’. 
TITLE IX—DEPARTMENT OF DEFENSE 
ORGANIZATION AND MANAGEMENT 
Subtitle A—Department of Defense Management 
Sec. 901. Authority to allow private sector civilians to receive instruction at De-
fense Cyber Investigations Training Academy of the Defense Cyber 
Crime Center. 
Sec. 902. Organizational structure of the Office of the Assistant Secretary of De-
fense for Health Affairs and the TRICARE Management Activity. 
Sec. 903. Sense of Congress regarding the Director of Operational Energy Plans 
and Programs. 
Sec. 904. Increased flexibility for combatant commander initiative fund. 
Sec. 905. Repeal of requirement for a Deputy Under Secretary of Defense for Tech-
nology Security Policy within the Office of the Under Secretary of De-
fense for Policy. 
Sec. 906. Deputy Under Secretaries of Defense and Assistant Secretaries of De-
fense. 
Subtitle B—Space Activities 
Sec. 911. Submission and review of space science and technology strategy. 
Sec. 912. Provision of space situational awareness services and information to non- 
United States Government entities. 
Sec. 913. Management and funding strategy and implementation plan for the Na-
tional Polar-Orbiting Operational Environmental Satellite System Pro-
gram. 
Subtitle C—Intelligence-Related Matters 
Sec. 921. Inclusion of Defense Intelligence Agency in authority to use proceeds from 
counterintelligence operations. 
Sec. 922. Plan to address foreign ballistic missile intelligence analysis. 
Subtitle D—Other Matters 
Sec. 931. Implementation strategy for developing leap-ahead cyber operations capa-
bilities. 
Sec. 932. Defense integrated military human resources system development and 
transition. 
Sec. 933. Report on special operations command organization, manning, and man-
agement. 
Sec. 934. Study on the recruitment, retention, and career progression of uniformed 
and civilian military cyber operations personnel. 
Sec. 935. Plan on access to national airspace for unmanned aircraft systems. 
15 USC 638 note. 
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123 STAT. 2422 
PUBLIC LAW 111–84—OCT. 28, 2009 
Subtitle A—Department of Defense 
Management 
SEC. 901. AUTHORITY TO ALLOW PRIVATE SECTOR CIVILIANS TO 
RECEIVE INSTRUCTION AT DEFENSE CYBER INVESTIGA-
TIONS TRAINING ACADEMY OF THE DEFENSE CYBER 
CRIME CENTER. 
(a) ADMISSION OF PRIVATE SECTOR CIVILIANS.—Chapter 108 
of title 10, United States Code, is amended by inserting after 
section 2167 the following new section: 
‘‘§ 2167a. Defense Cyber Investigations Training Academy: 
admission of private sector civilians to receive 
instruction 
‘‘(a) AUTHORITY FOR ADMISSION.—The Secretary of Defense may 
permit eligible private sector employees to receive instruction at 
the Defense Cyber Investigations Training Academy operating 
under the direction of the Defense Cyber Crime Center. No more 
than the equivalent of 200 full-time student positions may be filled 
at any one time by private sector employees enrolled under this 
section, on a yearly basis. Upon successful completion of the course 
of instruction in which enrolled, any such private sector employee 
may be awarded an appropriate certification or diploma. 
‘‘(b) ELIGIBLE PRIVATE SECTOR EMPLOYEES.—For purposes of 
this section, an eligible private sector employee is an individual 
employed by a private firm that is engaged in providing to the 
Department of Defense or other Government departments or agen-
cies significant and substantial defense-related systems, products, 
or services, or whose work product is relevant to national security 
policy or strategy. A private sector employee remains eligible for 
such instruction only so long as that person remains employed 
by an eligible private sector firm. 
‘‘(c) PROGRAM REQUIREMENTS.—The Secretary of Defense shall 
ensure that— 
‘‘(1) the curriculum in which private sector employees may 
be enrolled under this section is not readily available through 
other schools; and 
‘‘(2) the course offerings at the Defense Cyber Investigations 
Training Academy continue to be determined solely by the 
needs of the Department of Defense. 
‘‘(d) TUITION.—The Secretary of Defense shall charge private 
sector employees enrolled under this section tuition at a rate that 
is at least equal to the rate charged for employees of the United 
States. In determining tuition rates, the Secretary shall include 
overhead costs of the Defense Cyber Investigations Training 
Academy. 
‘‘(e) STANDARDS OF CONDUCT.—While receiving instruction at 
the Defense Cyber Investigations Training Academy, students 
enrolled under this section, to the extent practicable, are subject 
to the same regulations governing academic performance, attend-
ance, norms of behavior, and enrollment as apply to Government 
civilian employees receiving instruction at the Academy. 
‘‘(f) USE OF FUNDS.—Amounts received by the Defense Cyber 
Investigations Training Academy for instruction of students enrolled 
under this section shall be retained by the Academy to defray 
the costs of such instruction. The source, and the disposition, of 
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123 STAT. 2423 
PUBLIC LAW 111–84—OCT. 28, 2009 
such funds shall be specifically identified in records of the 
Academy.’’. 
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of such chapter is amended by inserting after the item relating 
to section 2167 the following new item: 
‘‘2167a. Defense Cyber Investigations Training Academy: admission of private sector 
civilians to receive instruction.’’. 
SEC. 902. ORGANIZATIONAL STRUCTURE OF THE OFFICE OF THE 
ASSISTANT 
SECRETARY 
OF 
DEFENSE 
FOR 
HEALTH 
AFFAIRS AND THE TRICARE MANAGEMENT ACTIVITY. 
(a) REPORT REQUIRED.—Not later than 180 days after the date 
of the enactment of this Act, the Secretary of Defense shall submit 
to the congressional defense committees a report on the organiza-
tional structure of the Office of the Assistant Secretary of Defense 
for Health Affairs and the TRICARE Management Activity. 
(b) ELEMENTS.—The report required under subsection (a) shall 
include the following: 
(1) ORGANIZATIONAL
CHARTS.—Organizational charts for 
both the Office of the Assistant Secretary of Defense for Health 
Affairs and the TRICARE Management Activity showing, at 
a minimum, the senior positions in such office and such activity. 
(2) SENIOR POSITION DESCRIPTIONS.—A description of the 
policy-making functions and oversight responsibilities of each 
senior position in the Office of the Assistant Secretary of 
Defense for Health Affairs and the policy and program execu-
tion responsibilities of each senior position of the TRICARE 
Management Activity. 
(3) POSITIONS FILLED BY SAME INDIVIDUAL.—A description 
of which positions in both organizations are filled by the same 
individual. 
(4) ASSESSMENT.—An assessment of whether the senior 
personnel of the Office of the Assistant Secretary of Defense 
for Health Affairs and the TRICARE Management Activity, 
as currently organized, are able to appropriately perform the 
discrete functions of policy formulation, policy and program 
execution, and program oversight. 
(c) DEFINITIONS.—In this section: 
(1) SENIOR POSITION.—The term ‘‘senior position’’ means 
a position filled by a member of the senior executive service, 
a position on the Executive Schedule established pursuant to 
title 5, United States Code, or a position filled by a general 
or flag officer. 
(2) SENIOR
PERSONNEL.—The term ‘‘senior personnel’’ 
means personnel who are members of the senior executive 
service, who fill a position listed on the Executive Schedule 
established pursuant to title 5, United States Code, or who 
are general or flag officers. 
SEC. 903. SENSE OF CONGRESS REGARDING THE DIRECTOR OF OPER-
ATIONAL ENERGY PLANS AND PROGRAMS. 
(a) FINDINGS.—Congress makes the following findings: 
(1) The demand for operational energy within the Depart-
ment of Defense imposes significant logistical burdens and oper-
ational vulnerabilities on the warfighter and increases force 
protection requirements. 
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123 STAT. 2424 
PUBLIC LAW 111–84—OCT. 28, 2009 
(2) In March 2008, the Comptroller General of the United 
States found that responsibilities for operational energy 
strategy, management, and oversight within the Department 
are diffused throughout various offices and working groups, 
including the Office of the Under Secretary of Defense for 
Acquisition, Technology, and Logistics; the Office of the Under 
Secretary of Defense for Policy; the Office of the Under Sec-
retary of Defense (Comptroller); the Office of Program Analysis 
and Evaluation; the Office of the Chairman of the Joint Chiefs 
of Staff; the commanders of the combatant commands; and 
the offices of the Secretaries of the military departments. 
(3) The Defense Science Board’s 2008 report titled ‘‘More 
Fight – Less Fuel’’ stated that ‘‘There are currently few efforts 
to manage energy demand by operational forces, which consume 
about three quarters of DoD energy, perhaps because no one 
is in charge. The lowest organizational level where all decisions 
that drive DoD energy use come together is the Deputy Sec-
retary of Defense, implying the need for a senior energy official, 
and oversight of the Department’s energy strategy and program 
by the Deputy’s Advisory Working Group (DAWG).’’. 
(4) Congress established the Director of Operational Energy 
Plans and Programs in section 139b of title 10, United States 
Code, to provide leadership, conduct oversight, and be account-
able for operational energy plans and programs in the Depart-
ment of Defense and the Army, Navy, Air Force, and Marine 
Corps. 
(5) Congress envisioned that the Director would have a 
direct line of communication with the Secretary of Defense 
and the Deputy Secretary of Defense, including participation 
in the Deputy’s Advisory Working Group. 
(6) The Department of Defense issued a statement that 
it ‘‘intends to establish this position as administratively 
reporting to the Under Secretary of Defense for Acquisition, 
Technology, and Logistics (USD(AT&L)), and this official would 
report directly to the Secretary of Defense on issues related 
to Operational Energy’’. 
(b) SENSE
OF CONGRESS.—It is the sense of Congress that 
the Director of Operational Energy Plans and Programs should 
report directly to the Secretary of Defense on issues related to 
operational energy and be included as a fully participating member 
of the Advisory Working Group of the Deputy Secretary of Defense. 
SEC. 904. INCREASED FLEXIBILITY FOR COMBATANT COMMANDER INI-
TIATIVE FUND. 
(a) INCREASE IN FUNDING LIMITATIONS.—Subparagraph (A) of 
section 166a(e)(1) of title 10, United States Code, is amended— 
(1) by striking ‘‘$10,000,000’’ and inserting ‘‘$20,000,000’’; 
and 
(2) by striking ‘‘$15,000’’ and inserting ‘‘the investment 
unit cost threshold in effect under section 2245a of this title’’. 
(b) COORDINATION WITH RELEVANT CHIEF OF MISSION.—Para-
graph (6) of section 166a(b) of such title is amended by inserting 
after ‘‘assistance,’’ the following: ‘‘in coordination with the relevant 
chief of mission to the extent practicable,’’. 
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123 STAT. 2425 
PUBLIC LAW 111–84—OCT. 28, 2009 
SEC. 905. REPEAL OF REQUIREMENT FOR A DEPUTY UNDER SEC-
RETARY 
OF 
DEFENSE 
FOR 
TECHNOLOGY 
SECURITY 
POLICY WITHIN THE OFFICE OF THE UNDER SECRETARY 
OF DEFENSE FOR POLICY. 
(a) REPEAL OF REQUIREMENT FOR POSITION.— 
(1) REPEAL.—Section 134b of title 10, United States Code, 
is repealed. 
(2) CLERICAL AMENDMENT.—The table of sections at the 
beginning of chapter 4 of such title is amended by striking 
the item relating to section 134b. 
(b) PRIOR NOTIFICATION OF CHANGE IN REPORTING RELATION-
SHIP FOR THE DEFENSE TECHNOLOGY SECURITY ADMINISTRATION.— 
The Secretary of Defense shall ensure that no covered action is 
taken until the expiration of 30 legislative days after providing 
notification of such action to the Committees on Armed Services 
of the Senate and the House of Representatives. 
(c) COVERED ACTION DEFINED.—In this section, the term ‘‘cov-
ered action’’ means— 
(1) the transfer of the Defense Technology Security 
Administration to an Under Secretary or other office of the 
Department of Defense other than the Under Secretary of 
Defense for Policy; 
(2) the consolidation of the Defense Technology Security 
Administration with another office, agency, or field activity 
of the Department of Defense; or 
(3) the addition of management layers between the Director 
of the Defense Technology Security Administration and the 
Under Secretary of Defense for Policy. 
SEC. 906. DEPUTY UNDER SECRETARIES OF DEFENSE AND ASSISTANT 
SECRETARIES OF DEFENSE. 
(a) DEPUTY UNDER SECRETARIES OF DEFENSE.— 
(1) IN GENERAL.—Chapter 4 of title 10, United States Code, 
is amended by adding after section 137 the following new 
section: 
‘‘§ 137a. Deputy Under Secretaries of Defense 
‘‘(a)(1) There are five Deputy Under Secretaries of Defense. 
‘‘(2)(A) The Deputy Under Secretaries of Defense referred to 
in paragraphs (1) through (3) of subsection (c) shall be appointed 
as provided in the applicable paragraph. 
‘‘(B) The Deputy Under Secretaries of Defense referred to in 
paragraphs (4) and (5) of subsection (c) shall be appointed from 
civilian life by the President, by and with the advice and consent 
of the Senate. 
‘‘(b) Each Deputy Under Secretary of Defense shall be the 
first assistant to an Under Secretary of Defense and shall assist 
such Under Secretary in the performance of the duties of the 
position of such Under Secretary and shall act for, and exercise 
the powers of, such Under Secretary when such Under Secretary 
is absent or disabled. 
‘‘(c)(1) One of the Deputy Under Secretaries is the Principal 
Deputy Under Secretary of Defense for Acquisition, Technology, 
and Logistics appointed pursuant to section 133a of this title. 
‘‘(2) One of the Deputy Under Secretaries is the Principal 
Deputy Under Secretary of Defense for Policy appointed pursuant 
to section 134a of this title. 
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123 STAT. 2426 
PUBLIC LAW 111–84—OCT. 28, 2009 
‘‘(3) One of the Deputy Under Secretaries is the Principal 
Deputy Under Secretary of Defense for Personnel and Readiness 
appointed pursuant to section 136a of this title. 
‘‘(4) One of the Deputy Under Secretaries shall be the Principal 
Deputy Under Secretary of Defense (Comptroller). 
‘‘(5) One of the Deputy Under Secretaries shall be the Principal 
Deputy Under Secretary of Defense for Intelligence. 
‘‘(d) The Deputy Under Secretaries of Defense take precedence 
in the Department of Defense after the Secretary of Defense, the 
Deputy Secretary of Defense, the Secretaries of the military depart-
ments, the Under Secretaries of Defense, and the Deputy Chief 
Management Officer of the Department of Defense.’’. 
(2) DELAYED LIMITATION ON NUMBER OF DEPUTY UNDER 
SECRETARIES OF DEFENSE.—Effective as of January 1, 2011, 
the five Deputy Under Secretaries of Defense authorized by 
section 137a of title 10, United States Code (as added by 
paragraph (1)), shall be the only Deputy Under Secretaries 
of Defense. 
(3) REPORT ON REVISED ORGANIZATIONAL STRUCTURE FOR 
OSD.—Not later than March 15, 2010, the Secretary of Defense 
shall submit to the Committees on Armed Services of the Senate 
and the House of Representatives a report setting forth a 
plan for the realignment of the organizational structure of 
the Office of the Secretary of Defense to comply with the 
requirement in paragraph (2). 
(b) ASSISTANT SECRETARIES OF DEFENSE.— 
(1) REDESIGNATION
OF
DEPUTY
UNDER
SECRETARY
FOR 
LOGISTICS AND MATERIEL READINESS AS ASSISTANT SECRETARY.— 
Chapter 4 of such title is further amended— 
(A) by transferring section 133b to appear after section 
138 and redesignating such section, as so transferred, as 
section 138a; and 
(B) in such section, as so transferred and redesignated, 
by striking ‘‘Deputy Under Secretary’’ each place it appears 
and inserting ‘‘Assistant Secretary’’. 
(2) ADDITIONAL
ASSISTANT
SECRETARIES.—Section 138 of 
such title is amended— 
(A) by striking subsection (a) and inserting the fol-
lowing new subsection (a): 
‘‘(a)(1) There are 12 Assistant Secretaries of Defense. 
‘‘(2)(A) The Assistant Secretary of Defense referred to in sub-
section (b)(7) shall be appointed as provided in that subsection. 
‘‘(B) The other Assistant Secretaries of Defense shall be 
appointed from civilian life by the President, by and with the 
advice and consent of the Senate.’’; and 
(B) in subsection (b), by adding the following new para-
graphs: 
‘‘(6) One of the Assistant Secretaries shall be the Assistant 
Secretary of Defense for Acquisition. The Assistant Secretary of 
Defense for Acquisition is the principal adviser to the Secretary 
of Defense and the Under Secretary of Defense for Acquisition, 
Technology, and Logistics on matters relating to acquisition. 
‘‘(7) One of the Assistant Secretaries is the Assistant Secretary 
of Defense for Logistics and Materiel Readiness appointed pursuant 
to section 138a of this title. In addition to any duties and powers 
prescribed under paragraph (1), the Assistant Secretary of Defense 
President. 
Effective date. 
10 USC 137a 
note. 
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123 STAT. 2427 
PUBLIC LAW 111–84—OCT. 28, 2009 
for Logistics and Materiel Readiness shall have the duties specified 
in section 138a of this title.’’. 
(c) CONFORMING AND CLERICAL AMENDMENTS.— 
(1) CONFORMING AMENDMENTS.— 
(A) Section 133a of such title is amended— 
(i) by striking ‘‘Deputy Under Secretary of Defense 
for Acquisition and Technology’’ each place it appears 
and inserting ‘‘Principal Deputy Under Secretary of 
Defense for Acquisition, Technology, and Logistics’’; 
and 
(ii) by striking ‘‘duties relating to acquisition and 
technology’’ and inserting ‘‘duties’’. 
(B) Section 134a of such title is amended by striking 
‘‘Deputy Under Secretary’’ each place it appears and 
inserting ‘‘Principal Deputy Under Secretary’’. 
(C) Section 136a of such title is amended by striking 
‘‘Deputy Under Secretary’’ each place it appears and 
inserting ‘‘Principal Deputy Under Secretary’’. 
(2) SECTION HEADING AMENDMENTS.— 
(A) The heading of section 133a of such title is amended 
to read as follows: 
‘‘§ 133a. Principal Deputy Under Secretary of Defense for 
Acquisition, Technology, and Logistics’’. 
(B) The heading of section 134a of such title is amended 
to read as follows: 
‘‘§ 134a. Principal Deputy Under Secretary of Defense for 
Policy’’. 
(C) The heading of section 136a of such title is amended 
to read as follows: 
‘‘§ 136a. Principal Deputy Under Secretary of Defense for 
Personnel and Readiness’’. 
(D) The heading of section 138a of such title, as trans-
ferred and redesignated by subsection (b)(1) of this section, 
is amended to read as follows: 
‘‘§ 138a. Assistant Secretary of Defense for Logistics and 
Materiel Readiness’’. 
(3) CLERICAL AMENDMENTS.—The table of sections at the 
beginning of chapter 4 of such title is amended— 
(A) by striking the item relating to section 133a and 
inserting the following new item: 
‘‘133a. Principal Deputy Under Secretary of Defense for Acquisition, Technology, 
and Logistics.’’; 
(B) by striking the item relating to section 134a and 
inserting the following new item: 
‘‘134a. Principal Deputy Under Secretary of Defense for Policy.’’; 
(C) by striking the item relating to section 136a and 
inserting the following new item: 
‘‘136a. Principal Deputy Under Secretary of Defense for Personnel and Readiness.’’; 
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123 STAT. 2428 
PUBLIC LAW 111–84—OCT. 28, 2009 
(D) by inserting after the item relating to section 137 
the following new item: 
‘‘137a. Deputy Under Secretaries of Defense.’’; and 
(E) by inserting after the item relating to section 138 
the following new item: 
‘‘138a. Assistant Secretary of Defense for Logistics and Materiel Readiness.’’. 
(d) EXECUTIVE SCHEDULE MATTERS.— 
(1) LEVEL III.—Section 5314 of title 5, United States Code, 
is amended by striking the item relating to the Deputy Under 
Secretary of Defense for Acquisition and Technology and 
inserting the following new item: 
‘‘Principal Deputy Under Secretary of Defense for Acquisi-
tion, Technology, and Logistics.’’. 
(2) LEVEL IV.—Section 5315 of such title is amended— 
(A) by striking the item relating to the Assistant Secre-
taries of Defense and inserting the following new item: 
‘‘Assistant Secretaries of Defense (12).’’; and 
(B) by striking the items relating to the Deputy Under 
Secretary of Defense for Policy, the Deputy Under Secretary 
of Defense for Personnel and Readiness, and the Deputy 
Under Secretary of Defense for Logistics and Materiel 
Readiness and inserting the following new items: 
‘‘Principal Deputy Under Secretary of Defense for Policy. 
‘‘Principal Deputy Under Secretary of Defense for Personnel 
and Readiness. 
‘‘Principal Deputy Under Secretary of Defense (Comp-
troller). 
‘‘Principal Deputy Under Secretary of Defense for Intel-
ligence.’’. 
(e) INAPPLICABILITY OF APPOINTMENT REQUIREMENTS TO CER-
TAIN INDIVIDUALS SERVING ON DATE OF ENACTMENT.— 
(1) IN GENERAL.—Notwithstanding the amendments made 
by this section, the individual serving in a position specified 
in paragraph (2) on the day before the date of the enactment 
of this Act may continue to serve in such position without 
the requirement for appointment by the President, by and 
with the advice and consent of the Senate, for a period of 
up to four years after the date of the enactment of this Act. 
(2) COVERED
POSITIONS.—The positions specified in this 
paragraph are the following: 
(A) The Principal Deputy Under Secretary of Defense 
(Comptroller). 
(B) The Principal Deputy Under Secretary of Defense 
for Intelligence. 
Subtitle B—Space Activities 
SEC. 911. SUBMISSION AND REVIEW OF SPACE SCIENCE AND TECH-
NOLOGY STRATEGY. 
(a) STRATEGY.— 
(1) DIRECTOR OF NATIONAL INTELLIGENCE.—Paragraph (1) 
of section 2272(a) of title 10, United States Code, is amended 
by striking ‘‘The Secretary of Defense shall develop’’ and 
10 USC 137a 
note. 
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123 STAT. 2429 
PUBLIC LAW 111–84—OCT. 28, 2009 
inserting ‘‘The Secretary of Defense and the Director of National 
Intelligence shall jointly develop’’. 
(2) REQUIREMENTS.—Paragraph (2) of such section is 
amended by adding at the end the following new subparagraph: 
‘‘(D) The process for transitioning space science and tech-
nology programs to new or existing space acquisition pro-
grams.’’. 
(3) SUBMISSION TO CONGRESS.—Paragraph (5) of such sec-
tion is amended to read as follows: 
‘‘(5) The Secretary of Defense and the Director of National 
Intelligence shall biennially submit the strategy developed under 
paragraph (1) to the congressional defense committees every other 
year on the date on which the President submits to Congress 
the budget for the next fiscal year under section 1105 of title 
31.’’. 
(4) INITIAL REPORT.—The first space science and technology 
strategy required to be submitted under paragraph (5) of section 
2272(a) of title 10, United States Code, as amended by para-
graph (3) of this subsection, shall be submitted on the date 
on which the President submits to Congress the budget for 
fiscal year 2012 under section 1105 of title 31, United States 
Code. 
(b) 
GOVERNMENT
ACCOUNTABILITY
OFFICE
REVIEW
OF 
STRATEGY.— 
(1) REVIEW.—The Comptroller General shall review and 
assess the first space science and technology strategy submitted 
under paragraph (5) of section 2272(a) of title 10, United States 
Code, as amended by subsection (a)(3) of this section, and 
the effectiveness of the coordination process required under 
section 2272(b) of such title. 
(2) REPORT.—Not later than 90 days after the date on 
which the Secretary of Defense and the Director of National 
Intelligence submit the first space science and technology 
strategy required to be submitted under paragraph (5) of section 
2272(a) of title 10, United States Code, as amended by sub-
section (a)(3) of this section, the Comptroller General shall 
submit to the congressional defense committees a report con-
taining the findings and assessment under paragraph (1). 
SEC. 912. PROVISION OF SPACE SITUATIONAL AWARENESS SERVICES 
AND INFORMATION TO NON-UNITED STATES GOVERNMENT 
ENTITIES. 
(a) IN GENERAL.—Section 2274 of title 10, United States Code, 
is amended to read as follows: 
‘‘§ 2274. Space situational awareness services and informa-
tion: provision to non-United States Government 
entities 
‘‘(a) AUTHORITY.—The Secretary of Defense may provide space 
situational awareness services and information to, and may obtain 
space situational awareness data and information from, non-United 
States Government entities in accordance with this section. Any 
such action may be taken only if the Secretary determines that 
such action is consistent with the national security interests of 
the United States. 
‘‘(b) ELIGIBLE ENTITIES.—The Secretary may provide services 
and information under subsection (a) to, and may obtain data 
10 USC 2272 
note. 
Deadline. 
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123 STAT. 2430 
PUBLIC LAW 111–84—OCT. 28, 2009 
and information under subsection (a) from, any non-United States 
Government entity, including any of the following: 
‘‘(1) A State. 
‘‘(2) A political subdivision of a State. 
‘‘(3) A United States commercial entity. 
‘‘(4) The government of a foreign country. 
‘‘(5) A foreign commercial entity. 
‘‘(c) AGREEMENT.—The Secretary may not provide space situa-
tional awareness services and information under subsection (a) 
to a non-United States Government entity unless that entity enters 
into an agreement with the Secretary under which the entity— 
‘‘(1) agrees to pay an amount that may be charged by 
the Secretary under subsection (d); 
‘‘(2) agrees not to transfer any data or technical information 
received under the agreement, including the analysis of data, 
to any other entity without the express approval of the Sec-
retary; and 
‘‘(3) agrees to any other terms and conditions considered 
necessary by the Secretary. 
‘‘(d) CHARGES.—(1) As a condition of an agreement under sub-
section (c), the Secretary may (except as provided in paragraph 
(2)) require the non-United States Government entity entering into 
the agreement to pay to the Department of Defense such amounts 
as the Secretary determines appropriate to reimburse the Depart-
ment for the costs to the Department of providing space situational 
awareness services or information under the agreement. 
‘‘(2) The Secretary may not require the government of a State, 
or of a political subdivision of a State, to pay any amount under 
paragraph (1). 
‘‘(e) CREDITING OF FUNDS RECEIVED.—(1) Funds received for 
the provision of space situational awareness services or information 
pursuant to an agreement under this section shall be credited, 
at the election of the Secretary, to the following: 
‘‘(A) The appropriation, fund, or account used in incurring 
the obligation. 
‘‘(B) An appropriate appropriation, fund, or account cur-
rently available for the purposes for which the expenditures 
were made. 
‘‘(2) Funds credited under paragraph (1) shall be merged with, 
and remain available for obligation with, the funds in the appropria-
tion, fund, or account to which credited. 
‘‘(f) PROCEDURES.—The Secretary shall establish procedures by 
which the authority under this section shall be carried out. As 
part of those procedures, the Secretary may allow space situational 
awareness services or information to be provided through a con-
tractor of the Department of Defense. 
‘‘(g) 
IMMUNITY.—The 
United 
States, 
any 
agencies 
and 
instrumentalities thereof, and any individuals, firms, corporations, 
and other persons acting for the United States, shall be immune 
from any suit in any court for any cause of action arising from 
the provision or receipt of space situational awareness services 
or information, whether or not provided in accordance with this 
section, or any related action or omission. 
‘‘(h) NOTICE OF CONCERNS OF DISCLOSURE OF INFORMATION.— 
If the Secretary determines that a commercial or foreign entity 
has declined or is reluctant to provide data or information to the 
Secretary in accordance with this section due to the concerns of 
Deadline. 
Determination. 
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123 STAT. 2431 
PUBLIC LAW 111–84—OCT. 28, 2009 
such entity about the potential disclosure of such data or informa-
tion, the Secretary shall, not later than 60 days after the Secretary 
makes that determination, provide notice to the congressional 
defense committees of the declination or reluctance of such entity.’’. 
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of chapter 135 of such title is amended by striking the item 
relating to section 2274 and inserting the following new item: 
‘‘2274. Space situational awareness services and information: provision to non- 
United States Government entities.’’. 
(c) EFFECTIVE DATE.—The amendments made by this section 
shall take effect on October 1, 2009, or the date of the enactment 
of this Act, whichever is later. 
SEC. 913. MANAGEMENT AND FUNDING STRATEGY AND IMPLEMENTA-
TION PLAN FOR THE NATIONAL POLAR-ORBITING OPER-
ATIONAL ENVIRONMENTAL SATELLITE SYSTEM PROGRAM. 
(a) MANAGEMENT AND FUNDING STRATEGY.— 
(1) IN GENERAL.—The President shall develop a strategy 
for the management and funding of the National Polar-Orbiting 
Operational Environmental Satellite System Program (in this 
section referred to as the ‘‘Program’’) by the Department of 
Defense, the Department of Commerce, and the National Aero-
nautics and Space Administration. 
(2) ELEMENTS.—The strategy required under paragraph (1) 
shall include the following: 
(A) Requirements for the Program. 
(B) The management structure of the Program. 
(C) A funding profile for the Program for each year 
of the Program for the Department of Defense, the Depart-
ment of Commerce, and the National Aeronautics and 
Space Administration. 
(b) IMPLEMENTATION PLAN.—The President shall develop a plan 
to implement the strategy required under subsection (a)(1). 
(c) LIMITATION ON USE OF FUNDS.—Of the amounts authorized 
to be appropriated for fiscal year 2010 by section 201(a)(3) for 
research, development, test, and evaluation for the Air Force and 
available for the Program— 
(1) not more than 50 percent of such amounts may be 
obligated or expended before the date on which the strategy 
developed under subsection (a)(1) is submitted to the congres-
sional defense committees, the Committee on Commerce, 
Science, and Transportation of the Senate, and the Committee 
on Science and Technology of the House of Representatives; 
and 
(2) not more than 75 percent of such amounts may be 
obligated or expended before the date on which the plan devel-
oped under subsection (c) is submitted to the congressional 
defense committees, the Committee on Commerce, Science, and 
Transportation of the Senate, and the Committee on Science 
and Technology of the House of Representatives. 
(d) SENSE
OF CONGRESS.—It is the sense of Congress that 
once all requirements for the Program are fully agreed to by the 
Secretary of Defense, the Secretary of Commerce, and the Adminis-
trator of the National Aeronautics and Space Administration, the 
Program should be executed with no modifications to those require-
ments that would increase the cost, or extend the schedule, of 
the Program. 
President. 
President. 
10 USC 2274 
note. 
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123 STAT. 2432 
PUBLIC LAW 111–84—OCT. 28, 2009 
Subtitle C—Intelligence-Related Matters 
SEC. 921. INCLUSION OF DEFENSE INTELLIGENCE AGENCY IN 
AUTHORITY TO USE PROCEEDS FROM COUNTERINTEL-
LIGENCE OPERATIONS. 
(a) IN GENERAL.—Section 423 of title 10, United States Code, 
is amended by inserting ‘‘or the Defense Intelligence Agency’’ after 
‘‘the military departments’’ each place it appears in subsections 
(a) and (c). 
(b) CONFORMING AMENDMENTS.— 
(1) HEADING AMENDMENT.—The heading of such section 
is amended to read as follows: 
‘‘§ 423. Authority to use proceeds from counterintelligence 
operations of the military departments or the 
Defense Intelligence Agency’’. 
(2) TABLE OF SECTIONS.—The table of sections at the begin-
ning of chapter 21 of such title is amended by striking the 
item relating to section 423 and inserting the following new 
item: 
‘‘423. Authority to use proceeds from counterintelligence operations of the military 
departments or the Defense Intelligence Agency.’’. 
SEC. 922. PLAN TO ADDRESS FOREIGN BALLISTIC MISSILE INTEL-
LIGENCE ANALYSIS. 
(a) ASSESSMENT AND PLAN.—The Secretary of Defense, in con-
sultation with the Director of National Intelligence, shall— 
(1) conduct an assessment of foreign ballistic missile intel-
ligence analytic gaps and shortfalls; and 
(2) develop a plan to ensure that the appropriate intel-
ligence centers have sufficient analytical capabilities to address 
such gaps and shortfalls. 
(b) REPORT.—Not later than February 28, 2010, the Secretary 
of Defense shall submit to the congressional defense committees, 
the Permanent Select Committee on Intelligence of the House of 
Representatives, and the Select Committee on Intelligence of the 
Senate a report containing— 
(1) the results of the assessment conducted under sub-
section (a)(1); 
(2) the plan developed under subsection (a)(2); and 
(3) a description of the resources required to implement 
such plan. 
(c) FORM.—The report under subsection (b) shall be submitted 
in unclassified form, but may contain a classified annex. 
Subtitle D—Other Matters 
SEC. 931. IMPLEMENTATION STRATEGY FOR DEVELOPING LEAP- 
AHEAD CYBER OPERATIONS CAPABILITIES. 
(a) STRATEGY REPORT REQUIRED.—Not later than March 1, 
2010, the Under Secretary of Defense for Acquisition, Technology, 
and Logistics shall submit to the congressional defense committees 
a report on a strategy for organizing the research and development 
bodies of the Department of Defense to develop leap-ahead cyber 
operations capabilities. 
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123 STAT. 2433 
PUBLIC LAW 111–84—OCT. 28, 2009 
(b) ELEMENTS.—The report required by subsection (a) shall 
address the following: 
(1) A description of the management structure and invest-
ment review process for coordinating the technology develop-
ment of advanced offensive and defensive cyber operations 
capabilities— 
(A) among the military departments, the Defense Agen-
cies, the combatant commands, and the intelligence commu-
nity; 
(B) across all levels of classification, including relevant 
special access programs; and 
(C) based on the identification and prioritization of 
joint cyber operations capabilities gaps. 
(2) Actions taken and recommendations for further 
improving the coordination of research and development of 
offensive and defensive cyber operations capabilities among 
private sector, interagency, non-governmental, and inter-
national partners. 
(3) Assessment of the feasibility and utility of regular 
national level, joint, interagency cyber exercises that would 
include, to the extent possible, participants from industry, inter-
national militaries, and non-governmental organizations to 
assess technologies, policies, and capabilities. 
(c) COORDINATION.—The report required by subsection (a) shall 
be developed in coordination and concurrence with the Vice Chair-
man of the Joint Chiefs of Staff, the Under Secretary of Defense 
for Intelligence, the Under Secretary of Defense for Policy, the 
Assistant Secretary of Defense for Networks and Information 
Integration, the Director of the National Security Agency, and the 
commander of the United States Cyber Command. 
(d) FORM.—The report required by subsection (a) shall be sub-
mitted in unclassified form, but may include a classified annex. 
(e) CYBER
OPERATIONS
CAPABILITIES
DEFINED.—The term 
‘‘cyber operations capabilities’’ means the range of capabilities 
needed for computer network defense, computer network attack, 
and computer network exploitations. Such term includes technical 
as well as non-materiel solutions. 
SEC. 932. DEFENSE INTEGRATED MILITARY HUMAN RESOURCES 
SYSTEM DEVELOPMENT AND TRANSITION. 
(a) IN GENERAL.—The Secretary of Defense shall establish a 
Defense Integrated Military Human Resources System development 
and transition Council to provide advice to the Secretary of Defense 
and the Secretaries of the military departments on the moderniza-
tion of the integrated pay and personnel system for each military 
department and the collection of data generated by each such 
system into the enterprise information warehouse. 
(b) COUNCIL.—The Council shall include the following members: 
(1) The Deputy Chief Management Officer of the Depart-
ment of Defense. 
(2) The Director of the Business Transformation Agency. 
(3) The Under Secretary of Defense for Acquisition, Tech-
nology, and Logistics, or a designated representative. 
(4) The Under Secretary of Defense for Personnel and 
Readiness, or a designated representative. 
Establishment. 
10 USC 113 note. 
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123 STAT. 2434 
PUBLIC LAW 111–84—OCT. 28, 2009 
(5) One representative from each of the Army, Navy, Air 
Force, and Marine Corps who is a lieutenant general or vice 
admiral, or a civilian equivalent. 
(6) One representative of the National Guard Bureau who 
is a lieutenant general or vice admiral, or a civilian equivalent. 
(7) The Assistant Secretary of Defense for Networks and 
Information Integration, or a designated representative. 
(8) The Director of Operational Test and Evaluation, or 
a designated representative. 
(9) Such other individuals as may be designated by the 
Deputy Secretary of Defense, acting in the Deputy Secretary’s 
capacity as the Chief Management Officer. 
(c) MEETINGS.—The Council shall meet not less than twice 
a year, or more often as specified by the Deputy Secretary of 
Defense. 
(d) DUTIES.—The Council shall have the following responsibil-
ities: 
(1) Resolution of significant policy, programmatic, or budg-
etary issues impeding modernization or deployment of 
integrated personnel and pay systems for each military depart-
ment, including issues relating to— 
(A) common interfaces, architectures, and systems 
engineering; 
(B) ensuring that developmental systems are consistent 
with current and future enterprise accounting and pay 
and personnel standards and practices; and 
(C) ensuring that developmental systems are consistent 
with current and future Department of Defense business 
enterprise architecture. 
(2) Coordination of implementation of the integrated per-
sonnel and pay system within defense organizations to ensure 
interoperability between all appropriate elements of the system. 
(3) Establishment of metrics to assess the following: 
(A) Business process re-engineering needed for success-
ful deployment of the integrated pay and personnel system. 
(B) Interoperability between legacy, operational, and 
developmental pay and personnel systems. 
(C) Interface and systems architecture control and 
standardization. 
(D) Retirement of legacy systems. 
(E) Use of the enterprise information warehouse. 
(F) Any other relevant matters. 
(4) Such other responsibilities as the Secretary determines 
are appropriate. 
(e) TERMINATION.—This section shall not be in effect after Sep-
tember 30, 2013. 
(f) REPORT.—Not later than March 1, 2010, the Secretary of 
Defense shall submit to the congressional defense committees a 
report on actions taken pursuant to this section. 
SEC. 933. REPORT ON SPECIAL OPERATIONS COMMAND ORGANIZA-
TION, MANNING, AND MANAGEMENT. 
(a) REPORT REQUIRED.—Not later than 120 days after the date 
of the enactment of this Act, the Commander of the United States 
Special Operations Command shall prepare and submit to the Sec-
retary of Defense a report and recommendations, in accordance 
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123 STAT. 2435 
PUBLIC LAW 111–84—OCT. 28, 2009 
with this section, on the organization, manning, and management 
of the command. 
(b) ELEMENTS.—The report required by subsection (a) shall 
include the following: 
(1) A comparison of current and projected fiscal year 2010 
military and civilian end strength levels at special operations 
command headquarters with fiscal year 2000 levels, both actual 
and authorized. 
(2) A comparison of fiscal year 2000 through 2010 special 
operations command headquarters end strength growth with 
the growth of each special operations forces component com-
mand headquarters over the same time period, both actual 
and authorized. 
(3) A summary and assessment that identifies the 
resourcing, in terms of manning, training, equipping, and 
funding, that the United States Special Operations Command 
provides to each of the theater special operations commands 
under the geographical combatant commands and a summary 
of personnel specialties assigned to each such command. 
(4) Options and recommendations for reducing staffing 
levels at special operations command headquarters by 5 and 
10 percent, respectively, and an assessment of the opportunity 
costs and management risks associated with each option. 
(5) Recommendations for increasing manning levels, if 
appropriate, at each component command, and especially at 
Army Special Operations Command. 
(6) A plan to sustain the cultural engagement group of 
Special Operations Command Central. 
(7) An assessment of the resourcing requirements to estab-
lish capability similar to the cultural engagement group capa-
bility at the other theater special operations command locations. 
(8) A review and assessment for improving the relationship 
between the United States Special Operations Command and 
each of the theater special operations commands under the 
geographical combatant commands and the establishment of 
a more direct administrative and collaborative link between 
them. 
(9) A review and assessment of existing Department of 
Defense executive agent support to the United States Special 
Operations Command and its subordinate components, as well 
as commentary about proposals to use the same executive agent 
throughout the special operations community. 
(10) An updated assessment on the specific proposal to 
provide executive agent support from the Defense Logistics 
Agency for the United States Special Operations Command. 
(11) A recommendation and plan for including international 
development and conflict prevention representatives as partici-
pants in the Interagency Task Force process. 
(c) SUBMISSION
OF
REPORT
AND
RECOMMENDATIONS
TO 
CONGRESSIONAL DEFENSE COMMITTEES.—Not later than 30 days 
after the date of the submission of the report and recommendations 
required under subsection (a) by the Commander of the United 
States Special Operations Command, the Secretary of Defense shall 
forward the report and recommendations to the congressional 
defense committees, together with such additional comments as 
the Secretary considers appropriate. 
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123 STAT. 2436 
PUBLIC LAW 111–84—OCT. 28, 2009 
SEC. 934. STUDY ON THE RECRUITMENT, RETENTION, AND CAREER 
PROGRESSION OF UNIFORMED AND CIVILIAN MILITARY 
CYBER OPERATIONS PERSONNEL. 
(a) REPORT.—Not later than one year after the date of the 
enactment of this Act, the Secretary of Defense shall submit to 
the congressional defense committees a report assessing the chal-
lenges to retention and professional development of cyber operations 
personnel within the Department of Defense. 
(b) MATTERS TO BE ADDRESSED.—The assessment by the Sec-
retary of Defense shall address the following matters: 
(1) The sufficiency of the numbers and types of personnel 
available for cyber operations, including an assessment of the 
balance between military and civilian positions and the avail-
ability of personnel with expertise in matters related to cyber 
operations from outside of the Department of Defense. 
(2) The definition and coherence of career fields for both 
members of the Armed Forces and civilian employees of the 
Department of Defense, including the sufficiency of training 
and experience levels required, and measures to improve them 
if necessary. 
(3) The types of recruitment and retention incentives avail-
able to members of the Armed Forces and civilian employees 
of the Department of Defense. 
(4) Identification of legal, policy, or administrative impedi-
ments to attracting and retaining cyber operations personnel. 
(5) The standards used by the Department of Defense to 
measure effectiveness at recruiting, retaining, and ensuring 
an adequate career progression for cyber operations personnel. 
(6) The effectiveness of educational and outreach activities 
used to attract, retain, and reward cyber operations personnel, 
including how to expand outreach to academic institutions and 
improve coordination with other civilian agencies and industrial 
partners. 
(7) The management of educational and outreach activities 
used to attract, retain, and reward cyber operations personnel, 
such as the National Centers of Academic Excellence in 
Information Assurance Education. 
(8) Efforts to establish public-private partnerships to meet 
the needs of the Department with respect to cyber operations 
personnel and training. 
(9) Recommendations for legislative changes necessary to 
increase the availability of cyber operations personnel. 
(c) CYBER OPERATIONS PERSONNEL DEFINED.—In this section, 
the term ‘‘cyber operations personnel’’ refers to members of the 
Armed Forces and civilian employees of the Department of Defense 
involved with the operations and maintenance of a computer net-
work connected to the global information grid, as well as offensive, 
defensive, and exploitation functions of such a network. 
SEC. 935. PLAN ON ACCESS TO NATIONAL AIRSPACE FOR UNMANNED 
AIRCRAFT SYSTEMS. 
(a) IN GENERAL.—The Secretary of Defense and the Secretary 
of Transportation shall, after consultation with the Secretary of 
Homeland Security, jointly develop a plan for providing expanded 
access to the national airspace for unmanned aircraft systems of 
the Department of Defense. 
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123 STAT. 2437 
PUBLIC LAW 111–84—OCT. 28, 2009 
(b) ELEMENTS.—The plan required by subsection (a) shall 
include the following: 
(1) A description of how the Department of Defense and 
the Department of Transportation will communicate and 
cooperate, at the executive, management, and action levels, 
to provide expanded access to the national airspace for 
unmanned aircraft systems of the Department of Defense. 
(2) Specific milestones, taking into account the operational 
and training needs of the Department of Defense and the 
safety and air traffic management needs of the Department 
of Transportation, for providing expanded access to the national 
airspace for unmanned aircraft systems and a transition plan 
for sites programmed to be activated as unmanned aerial 
system sites during fiscal years 2010 through 2015. 
(3) Recommendations for policies with respect to use of 
the national airspace, flight standards, and operating proce-
dures that should be implemented by the Department of 
Defense and the Department of Transportation to accommodate 
unmanned aircraft systems assigned to any State or territory 
of the United States. 
(4) An identification of resources required by the Depart-
ment of Defense and the Department of Transportation to exe-
cute the plan. 
(c) REPORT.—Not later than 180 days after the date of the 
enactment of this Act, the Secretary of Defense and the Secretary 
of Transportation shall submit a report containing the plan required 
by subsection (a) to the following committees: 
(1) The congressional defense committees. 
(2) The Committee on Commerce, Science, and Transpor-
tation of the Senate and the Committee on Transportation 
and Infrastructure of the House of Representatives. 
(3) The Committee on Homeland Security and Government 
Affairs of the Senate and the Committee on Homeland Security 
of the House of Representatives. 
TITLE X—GENERAL PROVISIONS 
Subtitle A—Financial Matters 
Sec. 1001. General transfer authority. 
Sec. 1002. Relationship of the quadrennial defense review and the annual budget 
request. 
Sec. 1003. Audit readiness of financial statements of the Department of Defense. 
Subtitle B—Counter-Drug Activities 
Sec. 1011. Unified counter-drug and counterterrorism campaign in Colombia. 
Sec. 1012. Joint task forces support to law enforcement agencies conducting 
counter-terrorism activities. 
Sec. 1013. Reporting requirement on expenditures to support foreign counter-drug 
activities. 
Sec. 1014. Support for counter-drug activities of certain foreign governments. 
Sec. 1015. Border coordination centers in Afghanistan and Pakistan. 
Sec. 1016. Comptroller General report on effectiveness of accountability measures 
for assistance from counter-narcotics central transfer account. 
Subtitle C—Naval Vessels and Shipyards 
Sec. 1021. Sense of Congress on the maintenance of a 313-ship Navy. 
Sec. 1022. Designation of U.S.S. Constitution as America’s Ship of State. 
Sec. 1023. Temporary reduction in minimum number of operational aircraft car-
riers. 
Sec. 1024. Sense of Congress concerning the disposition of Submarine NR–1. 
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123 STAT. 2438 
PUBLIC LAW 111–84—OCT. 28, 2009 
Subtitle D—Miscellaneous Requirements, Authorities, and Limitations 
Sec. 1031. Prohibition relating to propaganda. 
Sec. 1032. Responsibility for preparation of biennial global positioning system re-
port. 
Sec. 1033. Reports on bandwidth requirements for major defense acquisition pro-
grams and major system acquisition programs. 
Sec. 1034. Additional duties for advisory panel on Department of Defense capabili-
ties for support of civil authorities after certain incidents. 
Sec. 1035. Charter for the National Reconnaissance Office. 
Sec. 1036. National strategic five-year plan for improving the nuclear forensic and 
attribution capabilities of the United States. 
Sec. 1037. Authorization of appropriations for payments to Portuguese nationals 
employed by the Department of Defense. 
Sec. 1038. Prohibition on interrogation of detainees by contractor personnel. 
Sec. 1039. Notification and access of International Committee of the Red Cross 
with respect to detainees at Theater Internment Facility at Bagram Air 
Base, Afghanistan. 
Sec. 1040. No Miranda Warnings for Al Qaeda Terrorists. 
Sec. 1041. Limitation on use of funds for the transfer or release of individuals de-
tained at United States Naval Station, Guantanamo Bay, Cuba. 
Sec. 1042. Additional subpoena authority for the Inspector General of the Depart-
ment of Defense. 
Sec. 1043. Limitations on modifications of certain Government furnished equip-
ment; one-time authority to transfer certain military prototype. 
Subtitle E—Studies and Reports 
Sec. 1051. Report on statutory compliance of the report on the 2009 quadrennial 
defense review. 
Sec. 1052. Report on the force structure findings of the 2009 quadrennial defense 
review. 
Sec. 1053. Annual report on the electronic warfare strategy of the Department of 
Defense. 
Sec. 1054. Study on a system for career development and management of inter-
agency national security professionals. 
Sec. 1055. Report on nuclear aspirations of non-state entities, nuclear weapons and 
related programs in non-nuclear-weapons states and countries not par-
ties to the Nuclear Non-Proliferation Treaty, and certain foreign per-
sons. 
Sec. 1056. Comptroller General review of Department of Defense spending in final 
fiscal quarters. 
Sec. 1057. Report on Air America. 
Sec. 1058. Report on defense travel simplification. 
Sec. 1059. Report on modeling and simulation technological and industrial base. 
Sec. 1060. Report on enabling capabilities for special operations forces. 
Sec. 1061. Additional members and duties for the independent panel to assess the 
quadrennial defense review. 
Sec. 1062. Congressional earmarks relating to the Department of Defense. 
Sec. 1063. Report on basing plans for certain United States geographic combatant 
commands. 
Subtitle F—Other Matters 
Sec. 1071. Extension of certain authority for making rewards for combating ter-
rorism. 
Sec. 1072. Business process reengineering. 
Sec. 1073. Technical and clerical amendments. 
Sec. 1074. Extension of sunset for congressional commission on the strategic pos-
ture of the United States. 
Sec. 1075. Combat air forces restructuring. 
Sec. 1076. Sense of Congress regarding carrier air wing force structure. 
Sec. 1077. Department of Veterans Affairs use of service dogs for the treatment or 
rehabilitation of veterans with physical or mental injuries or disabil-
ities. 
Sec. 1078. Plan for sustainment of land-based solid rocket motor industrial base. 
Sec. 1079. Justice for victims of torture and terrorism. 
Sec. 1080. Requirement for videotaping or otherwise electronically recording stra-
tegic intelligence interrogations of persons in the custody of or under the 
effective control of the Department of Defense. 
Sec. 1081. Modification of pilot program on commercial fee-for-service air refueling 
support for the air force. 
Sec. 1082. Multiyear contracts under pilot program on commercial fee-for-service 
air refueling support for the Air Force. 
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123 STAT. 2439 
PUBLIC LAW 111–84—OCT. 28, 2009 
Sec. 1083. Disclosure of names of students and instructors at Western Hemisphere 
Institute for Security Cooperation. 
Sec. 1084. Sense of Congress regarding the Western Hemisphere Institute for Secu-
rity Cooperation. 
Subtitle A—Financial Matters 
SEC. 1001. GENERAL TRANSFER AUTHORITY. 
(a) AUTHORITY TO TRANSFER AUTHORIZATIONS.— 
(1) AUTHORITY.—Upon determination by the Secretary of 
Defense that such action is necessary in the national interest, 
the Secretary may transfer amounts of authorizations made 
available to the Department of Defense in this division for 
fiscal year 2010 between any such authorizations for that fiscal 
year (or any subdivisions thereof). Amounts of authorizations 
so transferred shall be merged with and be available for the 
same purposes as the authorization to which transferred. 
(2) LIMITATION.—Except as provided in paragraph (3), the 
total amount of authorizations that the Secretary may transfer 
under 
the 
authority 
of 
this 
section 
may 
not 
exceed 
$4,000,000,000. 
(3) EXCEPTION
FOR
TRANSFERS
BETWEEN
MILITARY
PER-
SONNEL AUTHORIZATIONS.—A transfer of funds between military 
personnel authorizations under title IV shall not be counted 
toward the dollar limitation in paragraph (2). 
(b) LIMITATIONS.—The authority provided by this section to 
transfer authorizations— 
(1) may only be used to provide authority for items that 
have a higher priority than the items from which authority 
is transferred; and 
(2) may not be used to provide authority for an item that 
has been denied authorization by Congress. 
(c) EFFECT
ON AUTHORIZATION AMOUNTS.—A transfer made 
from one account to another under the authority of this section 
shall be deemed to increase the amount authorized for the account 
to which the amount is transferred by an amount equal to the 
amount transferred. 
(d) NOTICE TO CONGRESS.—The Secretary shall promptly notify 
Congress of each transfer made under subsection (a). 
SEC. 1002. RELATIONSHIP OF THE QUADRENNIAL DEFENSE REVIEW 
AND THE ANNUAL BUDGET REQUEST. 
Section 118 of title 10, United States Code, is amended by 
adding at the end the following new subsection: 
‘‘(h) RELATIONSHIP TO BUDGET.—Nothing in this section shall 
be construed to affect section 1105(a) of title 31.’’. 
SEC. 1003. AUDIT READINESS OF FINANCIAL STATEMENTS OF THE 
DEPARTMENT OF DEFENSE. 
(a) FINANCIAL IMPROVEMENT AUDIT READINESS PLAN.— 
(1) IN GENERAL.—The Chief Management Officer of the 
Department of Defense shall, in consultation with the Under 
Secretary of Defense (Comptroller), develop and maintain a 
plan to be known as the ‘‘Financial Improvement and Audit 
Readiness Plan’’. 
(2) ELEMENTS.—The plan required by paragraph (1) shall— 
(A) describe specific actions to be taken and the costs 
associated with— 
10 USC 2222 
note. 
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123 STAT. 2440 
PUBLIC LAW 111–84—OCT. 28, 2009 
(i) correcting the financial management defi-
ciencies that impair the ability of the Department of 
Defense to prepare timely, reliable, and complete finan-
cial management information; and 
(ii) ensuring the financial statements of the 
Department of Defense are validated as ready for audit 
by not later than September 30, 2017; 
(B) systematically tie the actions described under 
subparagraph (A) to process and control improvements and 
business systems modernization efforts described in the 
business enterprise architecture and transition plan 
required by section 2222 of title 10, United States Code; 
(C) prioritize— 
(i) improving the budgetary information of the 
Department of Defense, in order to achieve an unquali-
fied audit opinion on the Department’s statements of 
budgetary resources; and 
(ii) as a secondary goal, improving the accuracy 
and reliability of management information on the 
Department’s mission-critical assets (military and gen-
eral equipment, real property, inventory, and operating 
materials and supplies) and validating its accuracy 
through existence and completeness audits; and 
(D) include interim goals, including— 
(i) the objective of ensuring that the financial state-
ment of each of the Department of the Army, the 
Department of the Navy, the Department of the Air 
Force, and the Defense Logistics Agency is validated 
as ready for audit: and 
(ii) a schedule setting forth milestones for elements 
of the military departments and financial statements 
of the military departments to be made ready for audit 
as part of the progress required to meet the objectives 
established pursuant to clause (i) of this subparagraph 
and clause (ii) of subparagraph (A) of this paragraph. 
(b) SEMI-ANNUAL REPORTS ON FINANCIAL IMPROVEMENT AND 
AUDIT READINESS PLAN.— 
(1) IN GENERAL.—Not later than May 15 and November 
15 each year, the Under Secretary of Defense (Comptroller) 
shall submit to the congressional defense committees a report 
on the status of the implementation by the Department of 
Defense of the Financial Improvement and Audit Readiness 
Plan required by subsection (a). 
(2) ELEMENTS.—Each report under paragraph (1) shall 
include, at a minimum— 
(A) an overview of the steps the Department has taken 
or plans to take to meet the objectives specified in sub-
section (a)(2)(A), including progress toward achieving the 
interim goals and milestone schedule established pursuant 
to subsection (a)(2)(D); and 
(B) a description of any impediments identified in the 
efforts of the Department to meet such objectives, and 
of the actions the Department has taken or plans to take 
to address such impediments. 
(3) ADDITIONAL ISSUES TO BE ADDRESSED IN FIRST REPORT.— 
The first report submitted under paragraph (1) after the date 
of the enactment of this Act shall address, in addition to the 
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123 STAT. 2441 
PUBLIC LAW 111–84—OCT. 28, 2009 
elements required by paragraph (2), the actions taken or to 
be taken by the Department as follows: 
(A) To develop standardized guidance for financial 
improvement plans by components of the Department. 
(B) To establish a baseline of financial management 
capabilities and weaknesses at the component level of the 
Department. 
(C) To provide results-oriented metrics for measuring 
and reporting quantifiable results toward addressing finan-
cial management deficiencies. 
(D) To define the oversight roles of the Chief Manage-
ment Officer of the Department of Defense, the chief 
management officers of the military departments, and other 
appropriate elements of the Department to ensure that 
the requirements of the Financial Improvement and Audit 
Readiness Plan are carried out. 
(E) To assign accountability for carrying out specific 
elements of the Financial Improvement and Audit Readi-
ness Plan to appropriate officials and organizations at the 
component level of the Department. 
(F) To develop mechanisms to track budgets and 
expenditures for the implementation of the requirements 
of the Financial Improvement and Audit Readiness Plan. 
(G) To develop a mechanism to conduct audits of the 
military intelligence programs and agencies and to submit 
audited financial statements for such agencies to Congress 
in a classified manner. 
(c) RELATIONSHIP TO EXISTING LAW.—The requirements of this 
section shall be implemented in a manner that is consistent with 
the requirements of section 1008 of the National Defense Authoriza-
tion Act for Fiscal Year 2002 (Public Law 107–107; 115 Stat. 1204; 
10 U.S.C. 2222 note). 
Subtitle B—Counter-Drug Activities 
SEC. 1011. UNIFIED COUNTER-DRUG AND COUNTERTERRORISM CAM-
PAIGN IN COLOMBIA. 
Section 1021 of the Ronald W. Reagan National Defense 
Authorization Act for Fiscal Year 2005 (Public Law 108–375; 118 
Stat. 2042), as most recently amended by section 1023 of the Duncan 
Hunter National Defense Authorization Act for Fiscal Year 2009 
(Public Law 110–417; 122 Stat. 4586), is further amended— 
(1) in subsection (a), by striking ‘‘2009’’ and inserting 
‘‘2010’’; and 
(2) in subsection (c), by striking ‘‘2009’’ and inserting 
‘‘2010’’. 
SEC. 1012. JOINT TASK FORCES SUPPORT TO LAW ENFORCEMENT 
AGENCIES CONDUCTING COUNTER-TERRORISM ACTIVI-
TIES. 
(a) EXTENSION OF AUTHORITY.—Section 1022(b) of the National 
Defense Authorization Act for Fiscal Year 2004 (Public Law 108– 
136; 10 U.S.C. 371 note), as most recently amended by section 
1022 of the Duncan Hunter National Defense Authorization Act 
for Fiscal Year 2009 (Public Law 110–417; 122 Stat. 4586), is 
further amended by striking ‘‘2009’’ and inserting ‘‘2010’’. 
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123 STAT. 2442 
PUBLIC LAW 111–84—OCT. 28, 2009 
(b) ANNUAL REPORT.—Subsection (c) of section 1022 of the 
National Defense Authorization Act for Fiscal Year 2004 (10 U.S.C. 
371 note) is amended to read as follows: 
‘‘(c) ANNUAL REPORT.—Not later than December 31 of each 
year after 2008 in which the authority in subsection (a) is in 
effect, the Secretary of Defense shall submit to Congress a report 
setting forth, for the one-year period ending on the date of such 
report, the following: 
‘‘(1) An assessment of the effect on counter-drug and 
counter-terrorism activities and objectives of using counter- 
drug funds of a joint task force to provide counterterrorism 
support authorized by subsection (a). 
‘‘(2) A description of the type of support and any recipient 
of support provided under subsection (a). 
‘‘(3) A list of current joint task forces conducting counter- 
drug operations.’’. 
SEC. 1013. REPORTING REQUIREMENT ON EXPENDITURES TO SUP-
PORT FOREIGN COUNTER-DRUG ACTIVITIES. 
Section 1022(a) of the Floyd D. Spence National Defense 
Authorization Act for Fiscal Year 2001 (as enacted into law by 
Public Law 106–398; 114 Stat. 1654A–255), as most recently 
amended by section 1021 of the Duncan Hunter National Defense 
Authorization Act for Fiscal Year 2009 (Public Law 110–417; 122 
Stat. 4586), is further amended by striking ‘‘April 15, 2006’’ and 
all that follows through ‘‘February 15, 2009’’ and inserting ‘‘Feb-
ruary 15, 2010’’. 
SEC. 1014. SUPPORT FOR COUNTER-DRUG ACTIVITIES OF CERTAIN 
FOREIGN GOVERNMENTS. 
(a) IN GENERAL.—Subsection (a)(2) section 1033 of the National 
Defense Authorization Act for Fiscal Year 1998 (Public Law 105– 
85; 111 Stat. 1881), as most recently amended by section 1024(a) 
of the Duncan Hunter National Defense Authorization Act for Fiscal 
Year 2009 (Public Law 110–417; 122 Stat. 4587), is further amended 
by striking ‘‘2009’’ and inserting ‘‘2010’’. 
(b) MAXIMUM AMOUNT OF SUPPORT.—Subsection (e)(2) of such 
section is amended by striking ‘‘fiscal year 2009’’ and inserting 
‘‘either of fiscal years 2009 and 2010’’. 
(c) CONDITIONS ON PROVISION OF SUPPORT.—Subsection (f)(2) 
of such section is amended in the matter preceding subparagraph 
(A) by striking ‘‘for fiscal year 2009 to carry out this section and 
the first fiscal year in which the support is to be provided’’ and 
inserting ‘‘and available for support’’. 
(d) COUNTER-DRUG PLAN.—Subsection (h) of such section is 
amended— 
(1) in the matter preceding paragraph (1), by striking ‘‘fiscal 
year 2009’’ and inserting ‘‘for each fiscal year’’; and 
(2) in paragraph (7), by striking ‘‘fiscal year 2009, and 
thereafter, for the first fiscal year in which support is to be 
provided’’ and inserting ‘‘each fiscal year in which support 
is to be provided to a government’’. 
SEC. 1015. BORDER COORDINATION CENTERS IN AFGHANISTAN AND 
PAKISTAN. 
(a) PROHIBITION
ON USE
OF COUNTER-NARCOTIC ASSISTANCE 
FOR BORDER COORDINATION CENTERS.— 
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123 STAT. 2443 
PUBLIC LAW 111–84—OCT. 28, 2009 
(1) PROHIBITION.—Amounts available for drug interdiction 
and counter-drug activities of the Department of Defense may 
not be expended for the construction, expansion, repair, or 
operation and maintenance of any existing or proposed border 
coordination center. 
(2) RULE OF CONSTRUCTION.—Paragraph (1) does not pro-
hibit or limit the use of other funds available to the Department 
of Defense to construct, expand, repair, or operate and maintain 
border coordination centers. 
(b) LIMITATION ON ESTABLISHMENT OF ADDITIONAL CENTERS.— 
(1) LIMITATION.—The Secretary of Defense may not 
authorize the establishment, or any construction in connection 
with the establishment, of a third border coordination center 
in the area of operations of Regional Command–East in the 
Islamic Republic of Afghanistan until a border coordination 
center has been constructed, or is under construction, in 
either— 
(A) the area of operations of Regional Command–South 
in the Islamic Republic of Afghanistan; or 
(B) Baluchistan in the Islamic Republic of Pakistan. 
(2) NATIONAL SECURITY WAIVER.—The Secretary may waive 
the limitation under paragraph (1) if the Secretary determines 
that such a waiver is vital to the national security interests 
of the United States. The Secretary shall promptly submit 
to Congress notice in writing of any waiver under this para-
graph. 
(c) BORDER COORDINATION CENTER DEFINED.—In this section, 
the term ‘‘border coordination center’’ means a multilateral military 
coordination and intelligence center that is located, or intended 
to be located, near the border between the Islamic Republic of 
Afghanistan and the Islamic Republic of Pakistan. 
SEC. 1016. COMPTROLLER GENERAL REPORT ON EFFECTIVENESS OF 
ACCOUNTABILITY MEASURES FOR ASSISTANCE FROM 
COUNTER-NARCOTICS CENTRAL TRANSFER ACCOUNT. 
(a) REPORT REQUIRED.—Not later than 180 days after the date 
of the enactment of this Act, the Comptroller General shall submit 
to the congressional defense committees a report on the performance 
evaluation system used by the Secretary of Defense to assess the 
effectiveness of assistance provided for foreign nations to achieve 
the counter-narcotics objectives of the Department of Defense. The 
report shall be unclassified, but may contain a classified annex. 
(b) ELEMENTS.—The report required by subsection (a) shall 
contain the following: 
(1) A description of the performance evaluation system 
of the Department of Defense used to determine the efficiency 
and effectiveness of counter-narcotics assistance provided by 
the Department of Defense to foreign nations. 
(2) An assessment of the ability of the performance evalua-
tion system to accurately measure the efficiency and effective-
ness of such counter-narcotics assistance. 
(3) Detailed recommendations on how to improve the 
capacity of the performance evaluation system for the counter- 
narcotics central transfer account. 
Notice. 
Determination. 
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123 STAT. 2444 
PUBLIC LAW 111–84—OCT. 28, 2009 
Subtitle C—Naval Vessels and Shipyards 
SEC. 1021. SENSE OF CONGRESS ON THE MAINTENANCE OF A 313- 
SHIP NAVY. 
(a) FINDINGS.—Congress makes the following findings: 
(1) The Department of the Navy has a stated requirement 
for a 313-ship fleet. 
(2) The Navy can better meet this requirement— 
(A) by procuring sufficient numbers of new ships; and 
(B) by ensuring the sound material condition of existing 
ships that will enable the Navy to utilize them for their 
full planned service lives. 
(3) When procuring new classes of ships, the Navy must 
exercise greater caution than it has exhibited to date in pro-
ceeding from one stage of the acquisition cycle to the next 
before a ship program has achieved a level of maturity that 
significantly lowers the risk of cost growth and schedule slip-
page. 
(4) In retaining existing assets, the Navy can do a much 
better job of achieving the full planned service lives of ships 
and extending the service lives of certain ships so as to keep 
their unique capabilities in the fleet while the Navy takes 
the time necessary to develop and field next-generation capabili-
ties under a low risk program. 
(5) 
The 
Navy 
can 
undertake 
certain 
development 
approaches that can help the Navy control the total costs of 
ownership of a ship or class of ships, including emphasizing 
common hull designs, open architecture combat systems, and 
other common ship systems in order to achieve efficiency in 
acquiring and supporting various classes of ships. 
(6) The Navy needs to continue its efforts toward achieving 
an open architecture for existing combat systems, as this will 
have great benefit in reducing the costs and risks of fielding 
new classes of ships, and will yield recurring savings from 
reducing the costs of buying later ships in a program and 
reducing life cycle support costs for ships and classes of ships. 
(7) The Navy can also undertake other measures to acquire 
new ships and maintain the current fleet with greater effi-
ciency, including— 
(A) greater use of fixed-price contracts; 
(B) maximizing competition (or the option of competi-
tion) throughout the life cycle of its ships; 
(C) entering into multi-year contracts when warranted; 
and 
(D) employing an incremental approach to developing 
new technologies. 
(b) SENSE OF CONGRESS.—It is the sense of Congress that— 
(1) the Navy should meet its requirement for a 313-ship 
fleet until such time that modifications to the Navy’s ship 
fleet force structure are warranted, and the Secretary of the 
Navy provides Congress with a justification of any proposed 
modifications, supported by rigorous and sufficient warfighting 
analysis; 
(2) the Navy should take greater care to achieve the full 
planned service life of existing ships and reduce the incidence 
of early ship decommissioning; 
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123 STAT. 2445 
PUBLIC LAW 111–84—OCT. 28, 2009 
(3) the Navy should exercise greater restraint on the 
acquisition process for ships in order to achieve on-time, on- 
cost shipbuilding programs; and 
(4) Congress should support the Navy when it is acting 
responsibly to undertake measures that can help the Navy 
achieve the requirement for a 313-ship fleet and maintain 
a fleet that is adequate to meet the national security needs 
of the United States. 
SEC. 1022. DESIGNATION OF U.S.S. CONSTITUTION AS AMERICA’S SHIP 
OF STATE. 
(a) FINDINGS.—Congress makes the following findings: 
(1) In the Act entitled ‘‘An Act to Provide a Naval 
Armament’’, approved on March 27, 1794 (1 Stat. 350, Chap. 
XII), the 3rd Congress authorized the construction of six frigates 
as the first ships to be built for the United States Navy. 
(2) One of the six frigates was built in Boston, Massachu-
setts, between 1794 and 1797, and is the only one of the 
original six ships to survive. 
(3) President George Washington named this frigate ‘‘Con-
stitution’’ to represent the Nation’s founding document. 
(4) President Thomas Jefferson, asserting the right of the 
United States to trade on the high seas, dispatched the frigate 
Constitution in 1803 as the flagship of the Mediterranean 
Squadron to end the depredations of the Barbary States against 
United States ships and shipping, which led to a treaty being 
signed with the Bashaw of Tripoli in the captain’s cabin aboard 
the frigate Constitution on June 4, 1805. 
(5) The frigate Constitution, with her defeat of the H.M.S. 
Guerriere, secured the first major victory by the young United 
States Navy against the Royal Navy during the War of 1812, 
gaining in the process the nickname ‘‘Old Ironsides’’, which 
she has proudly carried since. 
(6) Congress awarded gold medals to four of the ship’s 
commanding officers (Preble, Hull, Stewart, and Bainbridge), 
a record unmatched by any other United States Navy vessel. 
(7) The frigate Constitution emerged from the War of 1812 
undefeated, having secured victories over three additional ships 
of the Royal Navy. 
(8) As early as May 1815, the frigate Constitution had 
already been adopted as a symbol of the young Republic, as 
attested by the [Washington] National Intelligencer which pro-
claimed, ‘‘Let us keep ‘Old Ironsides’ at home. She has, literally 
become the Nation’s Ship . . . and should thus be preserved 
. . . in honorable pomp, as a glorious Monument of her own, 
and our other Naval Victories.’’. 
(9) Rumors in 1830 that ‘‘Old Ironsides’’, an aging frigate, 
was about to be scrapped resulted in a public uproar demanding 
that the ship be restored and preserved, spurred by Oliver 
Wendell Holmes’ immortal poem ‘‘Old Ironsides’’. 
(10) ‘‘Old Ironsides’’ circumnavigated the world between 
1844 and 1846, showing the American flag as she searched 
for future coaling stations that would eventually fuel the steam- 
powered navy of the United States. 
(11) The first Pope to set foot on United States sovereign 
territory was Pius IX onboard the frigate Constitution in 1849. 
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123 STAT. 2446 
PUBLIC LAW 111–84—OCT. 28, 2009 
(12) On April 25, 1860, ‘‘Old Ironsides’’ evacuated the mid-
shipmen of the United States Naval Academy from Annapolis, 
Maryland, to Newport, Rhode Island, preventing the young 
officers and the esteemed ship from falling into Confederate 
hands. 
(13) In 1896, Congressman John F. ‘‘Honey Fitz’’ Fitzgerald 
introduced legislation to return ‘‘Old Ironsides’’ from the Ports-
mouth Naval Shipyard in New Hampshire, where she was 
moored pier side and largely forgotten, to Boston for her 100th 
birthday. 
(14) Thousands of school children contributed pennies 
between 1925 an 1927 to help fund a much needed restoration 
for ‘‘Old Ironsides’’. 
(15) Between 1931 and 1934, more than 4,500,000 Ameri-
cans gained inspiration, at the depth of the Great Depression, 
by going aboard ‘‘Old Ironsides’’ as she was towed to 76 ports 
on the Atlantic, Gulf, and Pacific coasts. 
(16) The 83rd Congress enacted the Act of July 23, 1954 
(68 Stat. 527, chapter 565), which directed the Secretary of 
the Navy to transfer to the States and appropriate commissions 
four other historic ships then on the Navy inventory, and 
to repair and equip the U.S.S. Constitution, as much as prac-
ticable, to her original condition, but not for active service. 
(17) Queen Elizabeth II paid a formal visit to the U.S.S. 
Constitution in 1976, at the start of her state visit marking 
the bicentennial of the United States. 
(18) The U.S.S. Constitution, in celebration of her bicenten-
nial, returned to sea under sail on July 21, 1997, for the 
first time since 1881, proudly setting sails purchased by the 
contributions of thousands of pennies given by school children 
across the United States. 
(19) The U.S.S. Constitution is the oldest commissioned 
warship afloat in the world. 
(20) The U.S.S. Constitution is a national historic land-
mark. 
(21) The U.S.S. Constitution continues to perform official, 
ceremonial duties, including in recent years hosting a congres-
sional dinner honoring the late Senator John Chafee of Rhode 
Island, a special salute for the dedication of the John Moakley 
Federal Courthouse, a luncheon honoring British Ambassador 
Sir David Manning, and a special underway demonstration 
during which 60 Medal of Honor recipients each received a 
personal Medal of Honor flag. 
(22) The U.S.S. Constitution celebrated on October 21, 
2007, the 210th anniversary of her launching. 
(23) The U.S.S. Constitution will remain a commissioned 
ship in the United States Navy, with the Navy retaining control 
of the ship, its material condition, and its employment. 
(24) The U.S.S. Constitution’s primary mission will remain 
education and public outreach, and any Ship of State functions 
will be an adjunct to the ship’s primary mission. 
(b) DESIGNATION AS AMERICA’S SHIP OF STATE.— 
(1) IN GENERAL.—The U.S.S. Constitution is hereby des-
ignated as ‘‘America’s Ship of State’’. 
(2) REFERENCES.—The U.S.S. Constitution may be known 
or referred to as ‘‘America’s Ship of State’’. 
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123 STAT. 2447 
PUBLIC LAW 111–84—OCT. 28, 2009 
(3) SENSE OF CONGRESS.—It is the sense of Congress that 
the President, Vice President, executive branch officials, and 
members of Congress should use the U.S.S. Constitution for 
the conducting of pertinent matters of state, such as hosting 
visiting heads of state, signing legislation relating to the Armed 
Forces, and signing maritime related treaties. 
(4) FEE OR REIMBURSEMENT STRUCTURE FOR NON-DEPART-
MENT
OF
THE
NAVY
USE.—The Secretary of the Navy shall 
determine an appropriate fee or reimbursement structure for 
any non-Department of the Navy entities using the U.S.S. 
Constitution for Ship of State purposes. 
SEC. 1023. TEMPORARY REDUCTION IN MINIMUM NUMBER OF OPER-
ATIONAL AIRCRAFT CARRIERS. 
(a) TEMPORARY WAIVER.—Notwithstanding section 5062(b) of 
title 10, United States Code, during the period beginning on the 
date of the inactivation of the U.S.S. Enterprise (CVN–65) sched-
uled, as of the date of the enactment of this Act, for fiscal year 
2013 and ending on the date of the commissioning into active 
service of the U.S.S. Gerald R. Ford (CVN–78), the number of 
operational aircraft carriers in the naval combat forces of the Navy 
may be 10. 
(b) EVALUATION AND REPORT.— 
(1) EVALUATION.—During fiscal year 2012, the Chairman 
of the Joint Chiefs of Staff, in coordination with the com-
manders of the combatant commands, shall evaluate the 
required postures and capabilities of each of the combatant 
commands to assess the level of increased risk that could result 
due to a temporary reduction in the total number of operational 
aircraft carriers following the inactivation of the U.S.S. Enter-
prise (CVN–65). 
(2) REPORT TO CONGRESS.—Together with the budget mate-
rials submitted to Congress by the Secretary of Defense in 
support of the President’s budget for fiscal year 2013, the 
Secretary of Defense shall submit to the congressional defense 
committees a report containing the findings of the evaluation 
conducted pursuant to paragraph (1), and the basis for each 
such finding. 
SEC. 1024. SENSE OF CONGRESS CONCERNING THE DISPOSITION OF 
SUBMARINE NR–1. 
(a) FINDINGS.—Congress makes the following findings: 
(1) The Deep Submergence Vessel NR–1 (hereinafter in 
this section referred to as ‘‘NR–1’’) was built by the Electric 
Boat Company in Groton, Connecticut, entered service in 1969, 
and was the only nuclear-powered research submersible in 
the United States Navy. 
(2) NR–1 was assigned to Naval Submarine Base New 
London, located in Groton, Connecticut, throughout her entire 
service life. 
(3) NR–1 was inactivated in December 2008. 
(4) Due to the unique capabilities of NR–1, it conducted 
numerous missions of significant military and scientific value 
most notably in the fields of geological survey and oceano-
graphic research. 
(5) In 1986, NR–1 played a key role in the search for 
and recovery of the Space Shuttle Challenger. 
Time period. 
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123 STAT. 2448 
PUBLIC LAW 111–84—OCT. 28, 2009 
(6) The mission of the Submarine Force Library and 
Museum in Groton, Connecticut, is to collect, preserve, and 
interpret the history of the United States Naval Submarine 
Force in order to honor veterans and to educate naval personnel 
and the public in the heritage and traditions of the Submarine 
Force. 
(7) NR–1 is a unique and irreplaceable part of the history 
of the Navy and the Submarine Force and an educational 
and historical asset that should be shared with the Nation 
and the world. 
(b) SENSE OF CONGRESS.—It is the sense of Congress that— 
(1) NR–1 is a unique and irreplaceable part of the Nation’s 
history and as much of the vessel as possible should be pre-
served for the historical and educational benefit of all Ameri-
cans at the Submarine Force Library and Museum in Groton, 
Connecticut; and 
(2) the Secretary of the Navy should ensure that as much 
of the vessel as possible, including unique components of on- 
board equipment and clearly recognizable sections of the hull 
and superstructure, to the full extent practicable, are made 
available for transfer to the Submarine Force Library and 
Museum. 
Subtitle D—Miscellaneous Requirements, 
Authorities, and Limitations 
SEC. 1031. PROHIBITION RELATING TO PROPAGANDA. 
(a) IN GENERAL.— 
(1) PROHIBITION.—Chapter 134 of title 10, United States 
Code, is amended by inserting after section 2241 the following 
new section: 
‘‘§ 2241a. Prohibition on use of funds for publicity or propa-
ganda purposes within the United States 
‘‘Funds available to the Department of Defense may not be 
obligated or expended for publicity or propaganda purposes within 
the United States not otherwise specifically authorized by law.’’. 
(2) CLERICAL AMENDMENT.—The table of sections at the 
beginning of subchapter I of such chapter is amended by adding 
at the end the following new item: 
‘‘2241a. Prohibition on use of funds for publicity or propaganda purposes within the 
United States.’’. 
(b) EFFECTIVE DATE.—Section 2241a of title 10, United States 
Code, as added by subsection (a), shall take effect on October 
1, 2009, or the date of the enactment of this Act, whichever is 
later. 
SEC. 1032. RESPONSIBILITY FOR PREPARATION OF BIENNIAL GLOBAL 
POSITIONING SYSTEM REPORT. 
(a) IN GENERAL.—Section 2281(d) of title 10, United States 
Code, is amended— 
(1) in paragraph (1)— 
(A) by striking ‘‘the Secretary of Defense’’ and inserting 
‘‘the Deputy Secretary of Defense and the Deputy Secretary 
of Transportation, in their capacity as co-chairs of the 
10 USC 2241a 
note. 
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123 STAT. 2449 
PUBLIC LAW 111–84—OCT. 28, 2009 
National Executive Committee for Space-Based Positioning, 
Navigation, and Timing,’’; and 
(B) by striking ‘‘the Committee on Armed Services 
of the Senate and the Committee on Armed Services of 
the House of Representatives’’ and inserting ‘‘the Commit-
tees on Armed Services and Commerce, Science, and 
Transportation of the Senate and the Committees on Armed 
Services, Energy and Commerce, and Transportation and 
Infrastructure of the House of Representatives’’; and 
(2) by striking paragraph (2) and inserting the following 
new paragraph (2): 
‘‘(2) In preparing each report required under paragraph (1), 
the Deputy Secretary of Defense and the Deputy Secretary of 
Transportation, in their capacity as co-chairs of the National Execu-
tive Committee for Space-Based Positioning, Navigation, and 
Timing, shall consult with the Secretary of Defense, the Secretary 
of State, the Secretary of Transportation, and the Secretary of 
Homeland Security.’’. 
(b) TECHNICAL AMENDMENTS.—Paragraph (1)(B)(ii) of such sec-
tion is amended— 
(1) by inserting ‘‘validated’’ before ‘‘performance require-
ments’’; and 
(2) by inserting ‘‘in accordance with Office of Management 
and Budget Circular A–109’’ after ‘‘Plan’’. 
SEC. 1033. REPORTS ON BANDWIDTH REQUIREMENTS FOR MAJOR 
DEFENSE ACQUISITION PROGRAMS AND MAJOR SYSTEM 
ACQUISITION PROGRAMS. 
Section 1047(d) of the Duncan Hunter National Defense 
Authorization Act for Fiscal Year 2009 (Public Law 110–417; 122 
Stat. 4603; 10 U.S.C. 2366b note) is amended to read as follows: 
‘‘(d) FORMAL
REVIEW
PROCESS
FOR
BANDWIDTH
REQUIRE-
MENTS.— 
‘‘(1) IN
GENERAL.—The Secretary of Defense and the 
Director of National Intelligence shall, as part of the Milestone 
B or Key Decision Point B approval process for any major 
defense acquisition program or major system acquisition pro-
gram, establish a formal review process to ensure that— 
‘‘(A) the bandwidth requirements needed to support 
such program are or will be met; and 
‘‘(B) a determination will be made with respect to 
how to meet the bandwidth requirements for such program. 
‘‘(2) REPORTS.—Not later than January 1 of each year, 
the Secretary of Defense and the Director of National Intel-
ligence shall each submit to the congressional defense commit-
tees, the Select Committee on Intelligence of the Senate, and 
the Permanent Select Committee on Intelligence of the House 
of Representatives a report on any determinations made under 
paragraph (1) with respect to meeting the bandwidth require-
ments for major defense acquisition programs and major system 
acquisition programs during the preceding fiscal year.’’. 
SEC. 1034. ADDITIONAL DUTIES FOR ADVISORY PANEL ON DEPART-
MENT OF DEFENSE CAPABILITIES FOR SUPPORT OF CIVIL 
AUTHORITIES AFTER CERTAIN INCIDENTS. 
(a) ADDITIONAL
DUTIES.—Section 1082(d) of the National 
Defense Authorization Act for Fiscal Year 2008 (Public Law 110– 
181; 122 Stat. 337) is amended— 
Consultation. 
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123 STAT. 2450 
PUBLIC LAW 111–84—OCT. 28, 2009 
(1) by redesignating paragraphs (7) and (8) as paragraphs 
(9) and (10), respectively; and 
(2) by inserting after paragraph (6) the following new para-
graphs: 
‘‘(7) assess the adequacy of the process and methodology 
by which the Department of Defense establishes and maintains 
dedicated, special, and general purpose forces for conducting 
operations described in paragraph (1); 
‘‘(8) assess the adequacy of the resources planned and 
programmed by the Department of Defense to ensure the 
preparedness and capability of dedicated, special, and general 
purpose forces for conducting operations described in paragraph 
(1);’’. 
(b) TECHNICAL AMENDMENTS.—Section 1082(d) of the National 
Defense Authorization Act for Fiscal Year 2008 (Public Law 110– 
181; 122 Stat. 337) is further amended— 
(1) in paragraph (1), by striking ‘‘in support to’’ and 
inserting ‘‘to provide support to’’; 
(2) in paragraph (2), by striking ‘‘purposes’’ and inserting 
‘‘purpose’’; and 
(3) in paragraph (4), by striking ‘‘other department’’ and 
inserting ‘‘other departments’’. 
SEC. 1035. CHARTER FOR THE NATIONAL RECONNAISSANCE OFFICE. 
Not later than February 1, 2010, the Director of National 
Intelligence and the Secretary of Defense shall jointly submit to 
the congressional defense committees, the Permanent Select Com-
mittee on Intelligence of the House of Representatives, and the 
Select Committee on Intelligence of the Senate a revised charter 
for the National Reconnaissance Office (in this section referred 
to as the ‘‘NRO’’). The charter shall include the following: 
(1) The organizational and governance structure of the 
NRO. 
(2) The role of the NRO in the development and generation 
of requirements and acquisition. 
(3) The scope of the capabilities of the NRO. 
(4) The roles and responsibilities of the NRO and the 
relationship of the NRO to other organizations and agencies 
in the intelligence and defense communities. 
SEC. 1036. NATIONAL STRATEGIC FIVE-YEAR PLAN FOR IMPROVING 
THE NUCLEAR FORENSIC AND ATTRIBUTION CAPABILI-
TIES OF THE UNITED STATES. 
(a) IN GENERAL.—The President, with the participation of the 
officials specified in subsection (c), shall develop a national strategic 
plan for improving over a five-year period the nuclear forensic 
and attribution capabilities of the United States and the methods, 
capabilities, and capacity for nuclear materials forensics and 
attribution. 
(b) ELEMENTS.—The plan required under subsection (a) shall 
include the following: 
(1) An investment plan to support nuclear materials 
forensics and attribution. 
(2) Recommendations with respect to— 
(A) the allocation of roles and responsibilities for pre- 
detonation, detonation, and post-detonation activities; and 
President. 
Deadline. 
50 USC 401 note. 
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123 STAT. 2451 
PUBLIC LAW 111–84—OCT. 28, 2009 
(B) methods for the attribution of nuclear or radio-
logical material to the source when such material is inter-
cepted by the United States, foreign governments, or inter-
national bodies or is dispersed in the course of a terrorist 
attack or other nuclear or radiological explosion. 
(c) OFFICIALS.—The officials specified in this subsection are 
the following: 
(1) The Secretary of Homeland Security. 
(2) The Secretary of Defense. 
(3) The Secretary of Energy. 
(4) The Attorney General. 
(5) The Secretary of State. 
(6) The Director of National Intelligence. 
(7) Such other officials as the President considers appro-
priate. 
(d) SUBMITTAL TO CONGRESS.—Not later than 180 days after 
the date of the enactment of this Act, the President shall submit 
to Congress the plan required under subsection (a). 
SEC. 1037. AUTHORIZATION OF APPROPRIATIONS FOR PAYMENTS TO 
PORTUGUESE NATIONALS EMPLOYED BY THE DEPART-
MENT OF DEFENSE. 
(a) AUTHORIZATION FOR PAYMENTS.—Subject to subsection (b), 
the Secretary of Defense may authorize payments to Portuguese 
nationals employed by the Department of Defense in Portugal, 
for the difference between— 
(1) the salary increases resulting from section 8002 of the 
Department of Defense Appropriations Act, 2006 (Public Law 
109–148; 119 Stat. 2697; 10 U.S.C. 1584 note) and section 
8002 of the Department of Defense Appropriations Act, 2007 
(Public Law 109–289; 120 Stat. 1271; 10 U.S.C. 1584 note); 
and 
(2) salary increases supported by the Department of 
Defense Azores Foreign National wage surveys for survey years 
2006 and 2007. 
(b) LIMITATION.—The authority provided in subsection (a) may 
be exercised only if— 
(1) the wage survey methodology described in the United 
States—Portugal Agreement on Cooperation and Defense, with 
supplemental technical and labor agreements and exchange 
of notes, signed at Lisbon on June 1, 1995, and entered into 
force on November 21, 1995, is eliminated; and 
(2) the agreements and exchange of notes referred to in 
paragraph (1) and any implementing regulations thereto are 
revised to provide that the obligations of the United States 
regarding annual pay increases are subject to United States 
appropriation law governing the funding available for such 
increases. 
(c) AUTHORIZATION
FOR
APPROPRIATION.—Of the amounts 
authorized to be appropriated under title III, not less than $240,000 
is authorized to be appropriated for fiscal year 2010 for the purpose 
of the payments authorized by subsection (a). 
SEC. 1038. PROHIBITION ON INTERROGATION OF DETAINEES BY CON-
TRACTOR PERSONNEL. 
(a) PROHIBITION.—Except as provided in subsection (b), effective 
one year after the date of the enactment of this Act, no enemy 
prisoner of war, civilian internee, retained personnel, other 
Effective date. 
10 USC 201 note. 
Deadline. 
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123 STAT. 2452 
PUBLIC LAW 111–84—OCT. 28, 2009 
detainee, or any other individual who is in the custody or under 
the effective control of the Department of Defense or otherwise 
under detention in a Department of Defense facility in connection 
with hostilities may be interrogated by contractor personnel. 
(b) AUTHORIZED FUNCTIONS OF CONTRACTOR PERSONNEL.—Con-
tractor personnel with proper training and security clearances may 
be used as linguists, interpreters, report writers, information tech-
nology technicians, and other employees filling ancillary positions, 
including as trainers of and advisors to interrogators, in interroga-
tions of persons as described in subsection (a) if— 
(1) such personnel are subject to the same rules, proce-
dures, policies, and laws pertaining to detainee operations and 
interrogations as apply to government personnel in such posi-
tions in such interrogations; and 
(2) appropriately qualified and trained military or civilian 
personnel of the Department of Defense are available to oversee 
the contractor’s performance and to ensure that contractor per-
sonnel do not perform activities that are prohibited under this 
section. 
(c) DISCHARGE
BY GOVERNMENT PERSONNEL.—The Secretary 
of Defense shall take appropriate actions to ensure that, by not 
later than one year after the date of the enactment of this Act, 
the Department of Defense has the resources needed to ensure 
that interrogations described in subsection (a) are conducted by 
appropriately qualified government personnel. 
(d) WAIVER.— 
(1) WAIVERS AUTHORIZED.—The Secretary of Defense may 
waive the prohibition under subsection (a) for a period of 60 
days if the Secretary determines such a waiver is vital to 
the national security interests of the United States. The Sec-
retary may renew a waiver issued pursuant to this paragraph 
for an additional 30-day period, if the Secretary determines 
that such a renewal is vital to the national security interests 
of the United States. 
(2) LIMITATION ON DELEGATION.— 
(A) IN GENERAL.—The waiver authority under para-
graph (1) may not be delegated to any official below the 
level of the Deputy Secretary of Defense, except in the 
case of a waiver for an individual interrogation that is 
based on military exigencies, in which case the delegation 
of the waiver authority shall be done pursuant to regula-
tions that the Secretary of Defense shall prescribe but 
in no instance may the latter delegation be below the 
level of combatant commander of the theater in which 
the individual is in the custody or under the effective 
control of the Department of Defense or otherwise under 
detention in a Department of Defense facility within that 
theater. 
(B) DEADLINE
FOR
REGULATIONS.—The Secretary of 
Defense shall prescribe the regulations referred to in 
subparagraph (A) by not later than 30 days after the date 
of the enactment of this Act. 
(3) CONGRESSIONAL
NOTIFICATION.—Not later than five 
days after the Secretary issues a waiver pursuant to paragraph 
(1), the Secretary shall submit to Congress written notification 
of the waiver. 
Deadline. 
Time periods. 
Determinations. 
Deadline. 
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123 STAT. 2453 
PUBLIC LAW 111–84—OCT. 28, 2009 
SEC. 1039. NOTIFICATION AND ACCESS OF INTERNATIONAL COM-
MITTEE 
OF 
THE 
RED 
CROSS 
WITH 
RESPECT 
TO 
DETAINEES AT THEATER INTERNMENT FACILITY AT 
BAGRAM AIR BASE, AFGHANISTAN. 
(a) NOTIFICATION.—The head of a military service or depart-
ment that has custody or effective control of the Theater Internment 
Facility at Bagram Air Base, Afghanistan, or of any individual 
detained at such facility, shall, upon the detention of any such 
individual at such facility, notify the International Committee of 
the Red Cross (referred to in this section as the ‘‘ICRC’’) of such 
custody or effective control, as soon as practicable. 
(b) ACCESS.— 
(1) ICRC ACCESS.—The head of a military service or depart-
ment with effective control of the Theater Internment Facility 
at Bagram Air Base, Afghanistan, shall— 
(A) endeavor to ensure prompt ICRC access to any 
individual described in subsection (a) upon receipt by such 
head of an ICRC request to visit the detainee, pursuant 
to subsection (a); or 
(B) if access to a such individual is temporarily denied 
as an exceptional measure, due to reasons of imperative 
military necessity, as soon thereafter as practicable, con-
sistent with Article 126 of the Geneva Convention Relative 
to the Treatment of Prisoners of War, done at Geneva 
on August 12, 1949 (6 UST 3316), but normally no later 
than the next regularly scheduled ICRC visit. 
(2) PROTOCOLS AND AGREEMENTS.—Such access to the indi-
vidual shall continue pursuant to ICRC protocols and agree-
ments reached between the ICRC and the head of a military 
service or department with effective control over the Theater 
Internment Facility at Bagram Air Base, Afghanistan. 
(c) SCOPE
OF ACCESS.—The ICRC shall be provided access, 
in accordance with this section, to those physical localities within 
the Theater Internment Facility at Bagram Air Base, Afghanistan, 
that are determined to be relevant to the treatment of an individual 
described in subsection (a), including the individual’s cell or room, 
interrogation facilities or rooms, hospital or related health care 
facilities or rooms, and recreation areas. The scope of access 
described in this subsection shall not be construed to apply to 
facilities other than the Theater Internment Facility at Bagram 
Air Base, Afghanistan. 
(d) EXCEPTION CONSISTENT WITH
THE GENEVA CONVENTION 
RELATIVE TO THE TREATMENT OF PRISONERS OF WAR.—Consistent 
with Article 126 of the Geneva Convention Relative to the Treat-
ment of Prisoners of War, access by the ICRC to a detainee as 
provided for in subsections (b) and (c) may be temporarily denied, 
as an exceptional measure, for reasons of imperative military neces-
sity. 
(e) CONSTRUCTION.—Nothing in this section shall be construed 
to— 
(1) create or modify the authority of the United States 
Armed Forces, the Department of Defense, a Federal law 
enforcement agency, or the intelligence community to detain 
an individual under existing law, as of the date of the enact-
ment of this Act; or 
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123 STAT. 2454 
PUBLIC LAW 111–84—OCT. 28, 2009 
(2) limit or otherwise affect any other rights or obligations 
which may arise under the Geneva Conventions, other inter-
national agreements, or other laws, or to state all of the situa-
tions under which notification to and access for the ICRC 
is required or allowed. 
SEC. 1040. NO MIRANDA WARNINGS FOR AL QAEDA TERRORISTS. 
(a) NO MIRANDA WARNINGS.— 
(1) IN
GENERAL.—Absent a court order requiring the 
reading of such statements, no member of the Armed Forces 
and no official or employee of the Department of Defense or 
a component of the intelligence community (other than the 
Department of Justice) may read to a foreign national who 
is captured or detained outside the United States as an enemy 
belligerent and is in the custody or under the effective control 
of the Department of Defense or otherwise under detention 
in a Department of Defense facility the statement required 
by Miranda v. Arizona (384 U.S. 436 (1966)), or otherwise 
inform such an individual of any rights that the individual 
may or may not have to counsel or to remain silent consistent 
with Miranda v. Arizona (384 U.S. 436 (1966)). 
(2) NONAPPLICABILITY TO DEPARTMENT OF JUSTICE.—This 
subsection shall not apply to the Department of Justice. 
(3) DEFINITIONS.—In this subsection: 
(A) The term ‘‘foreign national’’ means an individual 
who is not a citizen or national of the United States. 
(B) The term ‘‘enemy belligerent’’ includes a privileged 
belligerent against the United States and an unprivileged 
enemy belligerent, as those terms are defined in section 
948a of title 10, United States Code, as amended by section 
1802 of this Act. 
(b) REPORT REQUIRED
ON NOTIFICATION
OF DETAINEES
OF 
RIGHTS UNDER MIRANDA
V. ARIZONA.—Not later than 90 days 
after the date of the enactment of this Act, the Secretary of Defense 
shall submit to the congressional defense committees a report on 
how the reading of rights under Miranda v. Arizona (384 U.S. 
436 (1966)) to individuals detained by the United States in Afghani-
stan may affect— 
(1) the tactical questioning of detainees at the point of 
capture by United States Armed Forces deployed in support 
of Operation Enduring Freedom; 
(2) post-capture theater-level interrogations and intel-
ligence-gathering activities conducted as part of Operation 
Enduring Freedom; 
(3) the overall counterinsurgency strategy and objectives 
of the United States for Operation Enduring Freedom; 
(4) United States military operations and objectives in 
Afghanistan; and 
(5) potential risks to members of the Armed Forces oper-
ating in Afghanistan. 
SEC. 1041. LIMITATION ON USE OF FUNDS FOR THE TRANSFER OR 
RELEASE OF INDIVIDUALS DETAINED AT UNITED STATES 
NAVAL STATION, GUANTANAMO BAY, CUBA. 
(a) RELEASE PROHIBITION.—During the period beginning on 
October 1, 2009, and ending on December 31, 2010, the Secretary 
of Defense may not use any of the amounts authorized to be 
appropriated in this Act or otherwise available to the Department 
Time period. 
10 USC 801 note. 
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123 STAT. 2455 
PUBLIC LAW 111–84—OCT. 28, 2009 
of Defense to release into the United States, its territories, or 
possessions, any individual described in subsection (e). 
(b) TRANSFER LIMITATION.—During the period beginning on 
October 1, 2009, and ending on December 31, 2010, the Secretary 
of Defense may not use any of the amounts authorized to be 
appropriated in this Act or otherwise available to the Department 
of Defense to transfer any individual described in subsection (e) 
to the United States, its territories, or possessions, until 45 days 
after the President has submitted to the congressional defense 
committees the plan described in subsection (c). 
(c) COMPREHENSIVE
PLAN
REQUIRED.—The President shall 
submit to the congressional defense committees a plan for the 
disposition of each individual described in subsection (e) who is 
proposed to be transferred to the United States, its territories, 
or possessions. Such plan for each individual shall include, at a 
minimum— 
(1) an assessment of the risk that the individual described 
in subsection (e) poses to the national security of the United 
States, its territories, or possessions; 
(2) a proposal for the disposition of each such individual; 
(3) the measures to be taken to mitigate any risks described 
in paragraph (1); 
(4) the location or locations at which the individual will 
be held under the proposal for disposition required by para-
graph (2); 
(5) the costs associated with executing the plan, including 
technical and financial assistance required to be provided to 
State and local law enforcement agencies, if necessary, to carry 
out the plan; 
(6) a summary of the consultation required in subsection 
(d); and 
(7) a certification by the Attorney General that under the 
plan the individual poses little or no security risk to the United 
States, its territories, or possessions. 
(d) CONSULTATION REQUIRED.—The President shall consult with 
the chief executive of the State, the District of Columbia, or the 
territory or possession of the United States to which the disposition 
in subsection (c)(2) includes transfer to that State, District of 
Columbia, or territory or possession. 
(e) DETAINEES DESCRIBED.—An individual described in this sub-
section is any individual who is located at United States Naval 
Station, Guantanamo Bay, Cuba, as of October 1, 2009, who— 
(1) is not a citizen of the United States; and 
(2) is— 
(A) in the custody or under the effective control of 
the Department of Defense; or 
(B) otherwise under detention at the United States 
Naval Station, Guantanamo Bay, Cuba. 
SEC. 1042. ADDITIONAL SUBPOENA AUTHORITY FOR THE INSPECTOR 
GENERAL OF THE DEPARTMENT OF DEFENSE. 
Section 8 of the Inspector General Act of 1978 (5 U.S.C. App. 
8) is amended by adding at the end the following new subsection: 
‘‘(i)(1) The Inspector General of the Department of Defense 
is authorized to require by subpoena the attendance and testimony 
of witnesses as necessary in the performance of functions assigned 
to the Inspector General by this Act, except that the Inspector 
President. 
President. 
Time period. 
Deadline. 
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123 STAT. 2456 
PUBLIC LAW 111–84—OCT. 28, 2009 
General shall use procedures other than subpoenas to obtain attend-
ance and testimony from Federal employees. 
‘‘(2) A subpoena issued under this subsection, in the case of 
contumacy or refusal to obey, shall be enforceable by order of 
any appropriate United States district court. 
‘‘(3) The Inspector General shall notify the Attorney General 
7 days before issuing any subpoena under this section.’’. 
SEC. 1043. LIMITATIONS ON MODIFICATIONS OF CERTAIN GOVERN-
MENT FURNISHED EQUIPMENT; ONE-TIME AUTHORITY TO 
TRANSFER CERTAIN MILITARY PROTOTYPE. 
(a) LIMITATION.—An article of military equipment that is an 
end item of a major weapon system may not be furnished or 
transferred to a private entity for the conduct of research, develop-
ment, test and evaluation under contractual agreement with the 
Department of Defense, if such research, development, test, and 
evaluation necessitates significantly modifying the military equip-
ment, until the senior acquisition official of a military department, 
or his designee, submits to the congressional defense committees 
certification in writing— 
(1) that the modification of such article of military equip-
ment is necessary to execute the contractual scope of work 
and there is no suitable alternative to modifying such article; 
(2) that the research, development, test, and evaluation 
effort is of sufficient interest to the military department to 
warrant the modification of such article of military equipment; 
(3) that— 
(A) prior to the end of the period of performance of 
such a contractual agreement, the article of military equip-
ment will be restored to its original condition; or 
(B) it is not necessary to restore the article of military 
equipment to its original condition because the military 
department intends to dispose of the equipment or operate 
the equipment in its modified form. 
(4) that the private entity has sufficient resources and 
capability to fully perform the contractual research, develop-
ment, test, and evaluation; and 
(5) that the military department has— 
(A) identified the scope of future test and evaluation 
likely to be required prior to transition of the associated 
technology to a program of record; and 
(B) a plan for the conduct of such future test and 
evaluation, including the anticipated roles and responsibil-
ities of government and the private entity, as applicable. 
(b) CERTIFICATION.—No military equipment that is an end item 
of a major weapons system may be transferred or furnished to 
a private entity for purposes of research and development as author-
ized under subsection (a) unless the senior officer of the military 
service concerned certifies to the congressional defense committees 
that such equipment is not essential to the defense of the United 
States. 
(c) ONE-TIME AUTHORITY TO TRANSFER.—The Secretary of the 
Navy may transfer, to Piasecki Aircraft Corporation of Essington, 
Pennsylvania (in this section referred to as ‘‘transferee’’), all right, 
title, and interest of the United States, except as otherwise provided 
in this subsection, in and to Navy aircraft N40VT (Bureau Number 
Pennsylvania. 
Certification. 
10 USC 2353 
note. 
Notification. 
Deadline. 
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123 STAT. 2457 
PUBLIC LAW 111–84—OCT. 28, 2009 
163283), also known as the X–49A aircraft, and associated compo-
nents and test equipment, previously specified as Government- 
furnished equipment in contract N00019–00–C–0284. The trans-
feree shall provide consideration for the transfer of such military 
equipment to the transferor of an amount not to exceed fair value, 
as determined, on a non-delegable basis, by the Secretary. 
(d) APPLICABLE LAW.—The transfer or use of military equip-
ment is subject to all applicable Federal and State laws and regula-
tions, including, but not limited to, the Arms Export Control Act, 
the Export Administration Act of 1979, continued under Executive 
Order 12924, International Traffic in Arms Regulations (22 C.F.R. 
120 et seq.), Export Administration Regulations (15 C.F.R. 730 
et seq.), Foreign Assets Control Regulations (31 C.F.R. 500 et 13 
seq.), and the Espionage Act. 
(e) CONDITION OF EQUIPMENT TO BE TRANSFERRED.— 
(1) AS-IS CONDITION.—The military equipment transferred 
under subsection (c) shall be transferred in its current ‘‘as- 
is’’ condition. The Secretary is not required to repair or alter 
the condition of any military equipment before transferring 
any interest in such equipment under subsection (c). 
(2) SPARE PARTS OR EQUIPMENT.—The Secretary of the Navy 
is not required to provide spare parts or equipment as a result 
of the transfer authorized under subsection (c). 
(f) TRANSFER AT NO COST TO THE UNITED STATES.—The transfer 
of military equipment under subsection (c) shall be made at no 
cost to the United States. Any costs associated with the transfer 
shall be borne by the transferee. 
(g) ADDITIONAL TERMS AND CONDITIONS.—The Secretary shall 
require that the transfer authorized by section (c) be carried out 
by means of a written agreement and shall require, at a minimum, 
the following conditions to the transfer: 
(1) A condition stipulating that the transfer of the X-49A 
aircraft is for the sole purpose of further development, test, 
and evaluation of vectored thrust ducted propeller (hereinafter 
in this section referred to as ‘‘VTDP’’) technology. 
(2) A condition providing the Government the right to 
procure the VTDP technology demonstrated under this program 
at a discounted cost based on the value of the X-49A aircraft 
and associated equipment at the time of transfer, with such 
valuation and terms determined by the Secretary. 
(3) A condition that the transferee not transfer any interest 
in, or transfer possession of, the military equipment transferred 
under subsection (b) to any other party without the prior writ-
ten approval of the Secretary. 
(4) A condition that if the Secretary determines at any 
time that the transferee has failed to comply with a condition 
set forth in paragraphs (1) through (3), all items referred to 
in subsection (b) shall be transferred back to the Navy, at 
no cost to the United States. 
(5) A condition that the transferee acknowledges sole 
responsibility of the X-49A aircraft and associated equipment 
and assumes all liability for operation of the X-49A aircraft 
and associated equipment. 
(h) NO LIABILITY FOR THE UNITED STATES.—Upon the transfer 
of military equipment under subsection (b), the United States shall 
not be liable for any death, injury, loss, or damage that results 
Contracts. 
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123 STAT. 2458 
PUBLIC LAW 111–84—OCT. 28, 2009 
from the use of such military equipment by any person other 
than the United States. 
(i) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may 
require such additional terms and conditions in connection with 
a transfer under subsection (b) as the Secretary considers appro-
priate to protect the interests of the United States. 
(j) DEFINITIONS.—In this subsection: 
(1) The term ‘‘major system’’ has the meaning provided 
in section 2302 of title 10, United States Code. 
(2) The term ‘‘contractual agreement’’ includes contracts, 
grants, cooperative agreements, and other transactions. 
Subtitle E—Studies and Reports 
SEC. 1051. REPORT ON STATUTORY COMPLIANCE OF THE REPORT ON 
THE 2009 QUADRENNIAL DEFENSE REVIEW. 
(a) COMPTROLLER GENERAL REPORT.—Not later than 90 days 
after the Secretary of Defense releases the report on the 2009 
quadrennial defense review, the Comptroller General shall submit 
to the congressional defense committees and to the Secretary of 
Defense a report on the degree to which the report on the 2009 
quadrennial defense review addresses each of the items required 
by subsection (d) of section 118 of title 10, United States Code. 
(b) SECRETARY OF DEFENSE REPORT.—If the Comptroller Gen-
eral determines that the report on the 2009 quadrennial defense 
review fails to directly address items required by subsection (d) 
of section 118 of such title, the Secretary of Defense shall submit 
to the congressional defense committees a report directly addressing 
those items not later than 30 days after the submission of the 
report by the Comptroller General required by paragraph (1). 
SEC. 1052. REPORT ON THE FORCE STRUCTURE FINDINGS OF THE 
2009 QUADRENNIAL DEFENSE REVIEW. 
(a) REPORT REQUIREMENT.—Concurrent with the delivery of 
the report on the 2009 quadrennial defense review required by 
section 118 of title 10, United States Code, the Secretary of Defense 
shall submit to the congressional defense committees a report with 
a classified annex containing— 
(1) the analyses used to determine and support the findings 
on force structure required by such section; and 
(2) a description of any changes from the previous quadren-
nial defense review to the minimum military requirements 
for major military capabilities. 
(b) MAJOR MILITARY CAPABILITIES DEFINED.—In this section, 
the term ‘‘major military capabilities’’ includes any capability the 
Secretary determines to be a major military capability, any capa-
bility discussed in the report of the 2006 quadrennial defense 
review, and any capability described in paragraph (9) or (10) of 
section 118(d) of title 10, United States Code. 
SEC. 
1053. 
ANNUAL 
REPORT 
ON 
THE 
ELECTRONIC 
WARFARE 
STRATEGY OF THE DEPARTMENT OF DEFENSE. 
(a) ANNUAL REPORT REQUIRED.—At the same time as the Presi-
dent submits to Congress the budget under section 1105(a) of title 
31, United States Code, for each of fiscal years 2011 through 2015, 
the Secretary of Defense, in coordination with the Chairman of 
the Joint Chiefs of Staff and the Secretary of each of the military 
Classified 
information. 
Determination. 
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123 STAT. 2459 
PUBLIC LAW 111–84—OCT. 28, 2009 
departments, shall submit to the congressional defense committees 
an annual report on the electronic warfare strategy of the Depart-
ment of Defense. 
(b) CONTENTS OF REPORT.—Each report required under sub-
section (a) shall include each of the following: 
(1) A description and overview of— 
(A) the electronic warfare strategy of the Department 
of Defense; 
(B) how such strategy supports the National Defense 
Strategy; and 
(C) the organizational structure assigned to oversee 
the development of the Department’s electronic warfare 
strategy, 
requirements, 
capabilities, 
programs, 
and 
projects. 
(2) A list of all the electronic warfare acquisition programs 
and research and development projects of the Department of 
Defense and a description 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 organization 
responsible for oversight of the program or project; 
(B) whether or not validated requirements exist for 
the program or project and, if such requirements do exist, 
the date on which the requirements were validated and 
the organizational authority that validated such require-
ments; 
(C) the total amount of funding appropriated, obligated, 
and forecasted by fiscal year for the program or project, 
including the program 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 perform-
ance of the program or project as it relates to the program 
baseline for the program or project, as of the date of the 
submission of the report, and the original program baseline 
for such program or project, if such baselines are not the 
same; 
(F) the technology readiness level of each critical tech-
nology that is part of the program or project; 
(G) whether or not the program or project is redundant 
or overlaps with the efforts of another military department; 
and 
(H) the capability gap that 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) of paragraph (3) for each 
classified program or project on the list required by paragraph 
(2). 
SEC. 1054. STUDY ON A SYSTEM FOR CAREER DEVELOPMENT AND 
MANAGEMENT OF INTERAGENCY NATIONAL SECURITY 
PROFESSIONALS. 
(a) STUDY REQUIRED.— 
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123 STAT. 2460 
PUBLIC LAW 111–84—OCT. 28, 2009 
(1) DESIGNATION OF EXECUTIVE AGENCY.—Not later than 
30 days after the date of the enactment of this Act, the Presi-
dent shall designate an Executive agency to commission a study 
of the matters described in subsection (b) by an appropriate 
independent, nonprofit organization. The designated Executive 
agency shall select the organization and commission the study 
not later than 90 days after the date of the enactment of 
this Act. 
(2) QUALIFICATIONS
OF
ORGANIZATION
SELECTED.—The 
organization 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 designated Executive agency may 
determine. 
(b) MATTERS TO BE EXAMINED.—The study required by sub-
section (a) shall examine matters pertaining to a system for the 
development and management of interagency national security 
professionals including, at a minimum, the following: 
(1) PROFESSIONAL
DEVELOPMENT.—The skills, education, 
training, and professional experiences desired in interagency 
national security professionals at various career stages, as well 
as the feasibility, benefits, and costs of developing a pool of 
personnel necessary to enable interagency national security 
professionals to undertake such professional development 
opportunities. 
(2) COORDINATION.—Procedures for ensuring appropriate 
consistency and coordination among participating Executive 
agencies, such as methods for identifying positions and per-
sonnel that should be included in the system, and coordination 
of treatment in personnel and human resource systems, 
including performance review and promotion policies. 
(3) FUNDING.—Potential mechanisms for funding an inter-
agency national security professional development program. 
(4) MILITARY
AND
STATE
AND
LOCAL
GOVERNMENT
PER-
SONNEL.—The feasibility of integrating, coordinating, or 
supplementing the systems and requirements regarding experi-
ence and education for military officers with an interagency 
national security professional system, as well as potential 
means of, and benefits and drawbacks of, including State and 
local government organizations and personnel in the system. 
(5) INCENTIVES TO PARTICIPATE.—Incentives and require-
ments that could be implemented to encourage personnel and 
organizations to fully participate in the system across various 
career levels. 
(6) CURRENT EFFORTS.—The effectiveness of, and lessons 
learned from, major current efforts at developing interagency 
national security professionals. 
(c) REPORT.—A report containing the findings and recommenda-
tions resulting from the study required by subsection (a), together 
with any views or recommendations of the President, shall be 
submitted to Congress not later than December 1, 2010. 
(d) DEFINITIONS.—In this section: 
(1) The term ‘‘Executive agency’’ has the meaning 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. 
President. 
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123 STAT. 2461 
PUBLIC LAW 111–84—OCT. 28, 2009 
(3) The term ‘‘interagency national security professional’’ 
means an employee of an Executive agency who plans, coordi-
nates, or participates in activities relating to the national secu-
rity of the United States that require significant interaction 
and engagement with other Executive agencies. 
SEC. 1055. REPORT ON NUCLEAR ASPIRATIONS OF NON-STATE ENTI-
TIES, NUCLEAR WEAPONS AND RELATED PROGRAMS IN 
NON-NUCLEAR-WEAPONS STATES AND COUNTRIES NOT 
PARTIES 
TO 
THE 
NUCLEAR 
NON-PROLIFERATION 
TREATY, AND CERTAIN FOREIGN PERSONS. 
(a) IN GENERAL.—The Director of National Intelligence shall 
biennially submit to the congressional defense committees, the 
Select Committee on Intelligence of the Senate, and the Permanent 
Select Committee on Intelligence of the House of Representatives 
a report— 
(1) on the nuclear weapons programs and any related pro-
grams of countries that are non-nuclear-weapons state parties 
to the Treaty on Non-Proliferation of Nuclear Weapons, done 
at Washington, London, and Moscow July 1, 1968, and entered 
into force March 5, 1970 (commonly known as the ‘‘Nuclear 
Non-Proliferation Treaty’’) and countries that are not parties 
to the Treaty; 
(2) on the nuclear weapons aspirations of such non-state 
entities as the Director considers appropriate to include in 
the report; and 
(3) that identifies each foreign person that, during the 
period covered by the report, made a material contribution 
to the research, development, production, or acquisition by a 
country of proliferation concern of— 
(A) weapons of mass destruction (including nuclear 
weapons, chemical weapons, or biological weapons); or 
(B) ballistic or cruise missile systems. 
(b) ELEMENTS.—The report required under subsection (a) shall 
include, with respect to each country described in subsection (a)(1) 
and each non-state entity referred to in subsection (a)(2), the fol-
lowing: 
(1) A statement of the number of nuclear weapons pos-
sessed by such country or non-state entity. 
(2) An estimate of the total number of nuclear weapons 
that such country or non-state entity seeks to obtain and, 
in the case of such non-state entity, an assessment of the 
extent to which such non-state entity is seeking to develop 
a nuclear weapon or device or radiological dispersion device. 
(3) A description of the technical characteristics of any 
nuclear weapons possessed by such country or non-state entity. 
(4) A description of nuclear weapons designs available to 
such country or non-state entity. 
(5) A description of any sources of assistance with respect 
to nuclear weapons design provided to or by such country 
or non-state entity and, in the case of assistance provided 
by such country or non-state entity, a description of to whom 
such assistance was provided. 
(6) An assessment of the annual capability of such country 
and non-state entity to produce new or newly designed nuclear 
weapons. 
50 USC 2371. 
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123 STAT. 2462 
PUBLIC LAW 111–84—OCT. 28, 2009 
(7) A description of the type of fissile materials used in 
any nuclear weapons possessed by such country or non-state 
entity. 
(8) An description of the location and production capability 
of any fissile materials production facilities in such country 
or controlled by such non-state entity, the current status of 
any such facilities, and any plans by such country or non- 
state entity to develop such facilities. 
(9) An identification of the source of any fissile materials 
used by such country or non-state entity, if such materials 
are not produced in facilities referred to in paragraph (8). 
(10) An assessment of the intentions of such country or 
non-state entity to leverage civilian nuclear capabilities for 
a nuclear weapons program. 
(11) A description of any delivery systems available to 
such country or non-state entity and an assessment of whether 
nuclear warheads have been mated, or there are plans for 
such warheads to be mated, to any such delivery system. 
(12) An assessment of the physical security of the storage 
facilities for nuclear weapons in such country or controlled 
by such non-state entity. 
(13) An assessment of whether such country is modernizing 
or otherwise improving the safety, security, and reliability of 
the nuclear weapons stockpile of such country. 
(14) An assessment of the industrial capability and capacity 
of such country or non-state entity to produce nuclear weapons. 
(15) In the case of a country, an assessment of the policy 
of such country on the employment and use of nuclear weapons. 
(c) REFERENCES TO OTHER REPORTS.—Each report submitted 
under subsection (a) shall include a copy of any other report that 
is incorporated by reference into the report submitted under sub-
section (a). 
(d) UNCLASSIFIED SUMMARY.—Each report submitted under sub-
section (a) shall include an unclassified summary of such report. 
(e) SUBMITTAL TO CONGRESS.— 
(1) IN GENERAL.—Except as provided in paragraph (2), the 
Director of National Intelligence shall submit to the congres-
sional defense committees, the Select Committee on Intelligence 
of the Senate, and the Permanent Select Committee on Intel-
ligence of the House of Representatives the first report required 
under subsection (a) by not later than September 1, 2010. 
(2) NOTIFICATION OF DELAY IN SUBMITTAL.—If the Director 
of National Intelligence determines that it will not be possible 
for the Director to submit the first report required under sub-
section (a) by September 1, 2010, the Director shall, not later 
than August 1, 2010, submit to the committees specified in 
paragraph (1) a notice— 
(A) that such report will not be submitted by Sep-
tember 1, 2010; and 
(B) setting forth the date by which the Director will 
submit such report. 
(f) CONFORMING AMENDMENT.—Section 722 of the Combating 
Proliferation of Weapons of Mass Destruction Act of 1996 (50 U.S.C. 
2369) is repealed. 
(g) DEFINITIONS.—In this section: 
(1) FOREIGN PERSON.—The term ‘‘foreign person’’ means 
any of the following: 
Repeal. 
Determination. 
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123 STAT. 2463 
PUBLIC LAW 111–84—OCT. 28, 2009 
(A) A natural person who is not a citizen of the United 
States. 
(B) A corporation, business association, partnership, 
society, trust, or other nongovernmental entity, organiza-
tion, or group that is organized under the laws of a foreign 
country or has its principal place of business in a foreign 
country. 
(C) Any foreign government or foreign governmental 
entity operating as a business enterprise or in any other 
capacity. 
(D) Any successor, subunit, or subsidiary of any entity 
described in subparagraph (B) or (C). 
(2) COUNTRY
OF
PROLIFERATION
CONCERN.—The term 
‘‘country of proliferation concern’’ means any country identified 
by the Director of Central Intelligence as having engaged in 
the acquisition of dual-use and other technology useful for 
the development or production of weapons of mass destruction 
(including nuclear weapons, chemical weapons, and biological 
weapons) or advanced conventional munitions— 
(A) in the most recent report under section 721 of 
the Combating Proliferation of Weapons of Mass Destruc-
tion Act of 1996 (50 U.S.C. 2366); or 
(B) in any successor report on the acquisition by foreign 
countries of dual-use and other technology useful for the 
development or production of weapons of mass destruction. 
SEC. 1056. COMPTROLLER GENERAL REVIEW OF DEPARTMENT OF 
DEFENSE SPENDING IN FINAL FISCAL QUARTERS. 
(a) REVIEW OF SPENDING BY THE COMPTROLLER GENERAL.— 
The Comptroller General shall conduct a review of obligations 
incurred by the Department of Defense in the final quarter each 
covered fiscal year, as compared to the obligations so incurred 
in the first three quarters of that fiscal year, to determine if 
policies with respect to financial execution by the Department con-
tribute to hastened year-end spending and poor use or waste of 
taxpayer dollars. Such review shall include both one-year and multi- 
year appropriations for each covered fiscal year. 
(b) COVERED FISCAL YEARS.—For purposes of this section, a 
covered fiscal year is fiscal year 2006, 2007, 2008, or 2009. 
(c) REPORT.—Not later than March 31, 2010, the Comptroller 
General shall submit to the Committees on Armed Services of 
the Senate and House of Representatives a report containing— 
(1) the results of the review conducted under subsection 
(a); and 
(2) any recommendations of the Comptroller General with 
respect to improving the policies pursuant to which amounts 
appropriated to the Department of Defense are obligated and 
expended in the final quarter of a fiscal year. 
SEC. 1057. REPORT ON AIR AMERICA. 
(a) DEFINITIONS.—In this section: 
(1) AIR
AMERICA.—The term ‘‘Air America’’ means Air 
America, Incorporated. 
(2) ASSOCIATED COMPANY.—The term ‘‘associated company’’ 
means any entity associated with, predecessor to, or subsidiary 
to Air America, including Air Asia Company Limited, CAT 
Incorporated, Civil Air Transport Company Limited, and the 
Pacific Division of Southern Air Transport, during the period 
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123 STAT. 2464 
PUBLIC LAW 111–84—OCT. 28, 2009 
when such an entity was owned and controlled by the United 
States Government. 
(b) REPORT ON RETIREMENT BENEFITS FOR FORMER EMPLOYEES 
OF AIR AMERICA.— 
(1) IN GENERAL.—Not later than 180 days after the date 
of the enactment of this Act, the Director of National Intel-
ligence shall submit to Congress a report on the advisability 
of providing Federal retirement benefits to United States citi-
zens for the service of such citizens prior to 1977 as employees 
of Air America or an associated company during a period when 
Air America or the associated company was owned or controlled 
by the United States Government and operated or managed 
by the Central Intelligence Agency. 
(2) REPORT ELEMENTS.—The report required by paragraph 
(1) shall include the following: 
(A) The history of Air America and the associated 
companies prior to 1977, including a description of— 
(i) the relationship between Air America and the 
associated companies and the Central Intelligence 
Agency or any other element of the United States 
Government; 
(ii) the workforce of Air America and the associated 
companies; 
(iii) the missions performed by Air America, the 
associated companies, and their employees for the 
United States; and 
(iv) the casualties suffered by employees of Air 
America and the associated companies in the course 
of their employment. 
(B) A description of— 
(i) the retirement benefits contracted for or prom-
ised to the employees of Air America and the associated 
companies prior to 1977; 
(ii) the contributions made by such employees for 
such benefits; 
(iii) the retirement benefits actually paid such 
employees; 
(iv) the entitlement of such employees to the pay-
ment of future retirement benefits; and 
(v) the likelihood that such employees will receive 
any future retirement benefits. 
(C) An assessment of the difference between— 
(i) the retirement benefits that former employees 
of Air America and the associated companies have 
received or will receive by virtue of their employment 
with Air America and the associated companies; and 
(ii) the retirement benefits that such employees 
would have received or be eligible to receive if such 
employment was deemed to be employment by the 
United States Government and their service during 
such employment was credited as Federal service for 
the purpose of Federal retirement benefits. 
(D)(i) Any recommendations regarding the advisability 
of legislative action to treat such employment as Federal 
service for the purpose of Federal retirement benefits in 
light of the relationship between Air America and the asso-
ciated companies and the United States Government and 
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123 STAT. 2465 
PUBLIC LAW 111–84—OCT. 28, 2009 
the services and sacrifices of such employees to and for 
the United States. 
(ii) If legislative action is considered advisable under 
clause (i), a proposal for such action and an assessment 
of its costs. 
(E) The opinions of the Director of the Central Intel-
ligence Agency, if any, on any matters covered by the 
report that the Director of the Central Intelligence Agency 
considers appropriate. 
(3) ASSISTANCE
OF
COMPTROLLER
GENERAL.—The Comp-
troller General of the United States shall, upon the request 
of the Director of National Intelligence and in a manner con-
sistent with the protection of classified information, assist the 
Director in the preparation of the report required by paragraph 
(1). 
(4) FORM.—The report required by paragraph (1) shall be 
submitted in unclassified form, but may include a classified 
annex. 
SEC. 1058. REPORT ON DEFENSE TRAVEL SIMPLIFICATION. 
(a) REPORT REQUIRED.—Not later than 180 days after the date 
of the enactment of this Act, the Secretary of Defense shall submit 
to the Committees on Armed Services of the Senate and House 
of Representatives a report setting forth a comprehensive plan 
to simplify Department of Defense travel procedures. 
(b) ELEMENTS.—The report required under subsection (a) shall 
include the following: 
(1) A comprehensive discussion of aspects of the Depart-
ment of Defense travel procedures that are most confusing, 
inefficient, and in need of revision. 
(2) A critical review of opportunities to streamline and 
simplify defense travel policies and to reduce travel-related 
costs to the Department of Defense. 
(3) A discussion of any actions to incorporate permanent 
duty travel that are being undertaken by the Secretary of 
Defense as of the date of the enactment of this Act. 
(4) A plan to gather data on the number of manual tem-
porary duty vouchers processed by the Department of Defense. 
(5) Options to leverage industry capabilities and tech-
nologies that could enhance management responsiveness to 
changing markets. 
(6) A discussion of pilot programs that the Secretary of 
Defense could carry out to demonstrate the merit of improve-
ments identified pursuant to preparing the report required 
by this section, including a discussion of— 
(A) recommendations for legislative authority; and 
(B) how the systems developed for purposes of such 
a pilot program would interact with the automated Defense 
Travel System in effect as of the date of the enactment 
of this Act. 
(7) Such recommendations and an implementation plan 
for legislative or administrative action as the Secretary of 
Defense considers appropriate to improve defense travel. 
SEC. 1059. REPORT ON MODELING AND SIMULATION TECHNOLOGICAL 
AND INDUSTRIAL BASE. 
(a) REPORT REQUIRED.—Not later than 180 days after the date 
of the enactment of this Act, the Secretary of Defense, working 
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123 STAT. 2466 
PUBLIC LAW 111–84—OCT. 28, 2009 
through the Director for Defense Research and Engineering, the 
Deputy Under Secretary of Defense for Industrial Policy, the Com-
mander of the United States Joint Forces Command, and other 
appropriate organizations, shall submit to the congressional defense 
committees a report that describes current and planned efforts 
to support and enhance the defense modeling and simulation techno-
logical and industrial base, including in academia, industry, and 
government. 
(b) ELEMENTS.—The report required under subsection (a) shall 
include the following: 
(1) An assessment of the current and future domestic 
defense modeling and simulation technological and industrial 
base and its ability to meet current and future defense require-
ments. 
(2) A description of current and planned programs and 
activities of the Department of Defense to enhance the ability 
of the domestic defense modeling and simulation technological 
and industrial base to meet current and future defense require-
ments. 
(3) A description of current and planned Department of 
Defense activities in cooperation with Federal, State, and local 
government organizations that promote the enhancement of 
the ability of the domestic defense modeling and simulation 
technological and industrial base to meet current and future 
defense requirements. 
(4) A comparative assessment of current and future global 
modeling and simulation capabilities relative to those of the 
United States in areas related to defense applications of mod-
eling and simulation. 
(5) An identification of additional authorities or resources 
related to technology transfer, establishment of public-private 
partnerships, coordination with regional, State, or local initia-
tives, or other activities that would be required to enhance 
efforts to support the domestic defense modeling and simulation 
technological and industrial base. 
(6) Other matters as determined appropriate by the Sec-
retary. 
SEC. 1060. REPORT ON ENABLING CAPABILITIES FOR SPECIAL OPER-
ATIONS FORCES. 
(a) REPORT REQUIRED.—Not later than 270 days after the date 
of the enactment of this Act, the Commander of the United States 
Special Operations Command, jointly with the commanders of the 
combatant commands and the Chief of Staff of the Army, the 
Chief of Naval Operations, the Chief of Staff of the Air Force, 
and the Commandant of the Marine Corps shall submit to the 
Secretary of Defense and the Chairman of the Joint Chiefs of 
Staff a report on the availability of enabling capabilities to support 
special operations forces requirements. 
(b) MATTERS TO BE INCLUDED.—The report required under 
subsection (a) shall include the following: 
(1) An identification of the requirements for enabling 
capabilities for conventional forces and special operations forces 
globally, including current and projected needs in Iraq, Afghani-
stan, and other theaters of operation. 
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123 STAT. 2467 
PUBLIC LAW 111–84—OCT. 28, 2009 
(2) A description of the processes used to prioritize and 
allocate enabling capabilities to meet the mission requirements 
of conventional forces and special operations forces. 
(3) An identification and description of any shortfalls in 
enabling capabilities for special operations forces by function, 
region, and quantity, as determined by the Commander of 
the United States Special Operations Command and the com-
manders of the geographic combatant commands. 
(4) An assessment of the current inventory of these 
enabling capabilities within the military departments and 
components and the United States Special Operations Com-
mand. 
(5) An assessment of whether there is a need to create 
additional enabling capabilities by function and quantity. 
(6) An assessment of the merits of creating additional 
enabling units, by type and quantity— 
(A) within the military departments; and 
(B) within the United States Special Operations Com-
mand. 
(7) Recommendations for meeting the current and future 
enabling force requirements of the United States Special Oper-
ations Command, including an assessment of the increases 
in endstrength, equipment, funding, and military construction 
that would be required to support these recommendations. 
(8) Any other matters the Commander of the United States 
Special Operations Command, the commanders of the combat-
ant commands, and the Chief of Staff of the Army, the Chief 
of Naval Operations, the Chief of Staff of the Air Force, and 
the Commandant of the Marine Corps consider useful and 
relevant. 
(c) REPORT
TO CONGRESS.—Not later than 30 days after 
receiving the report required under subsection (a), the Secretary 
of Defense shall forward the report to the congressional defense 
committees with any additional comments the Secretary considers 
appropriate. 
SEC. 1061. ADDITIONAL MEMBERS AND DUTIES FOR THE INDE-
PENDENT 
PANEL 
TO 
ASSESS 
THE 
QUADRENNIAL 
DEFENSE REVIEW. 
(a) ADDITIONAL MEMBERS.— 
(1) IN GENERAL.—For purposes of conducting the assess-
ment of the 2009 quadrennial defense review under section 
118 of title 10, United States Code (in this section referred 
to as the ‘‘2009 QDR’’), the independent panel established under 
subsection (f) of such section (in this section referred to as 
the ‘‘Panel’’) shall include eight additional members as follows: 
(A) Two appointed by the chairman of the Committee 
on Armed Services of the House of Representatives. 
(B) Two appointed by the chairman of the Committee 
on Armed Services of the Senate. 
(C) Two appointed by the ranking member of the Com-
mittee on Armed Services of the House of Representatives. 
(D) Two appointed by the ranking member of the Com-
mittee on Armed Services of the Senate. 
(2) PERIOD OF APPOINTMENT; VACANCIES.—Members of the 
Panel appointed under paragraph (1) shall be appointed for 
the life of the Panel. Any vacancy in an appointment to the 
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123 STAT. 2468 
PUBLIC LAW 111–84—OCT. 28, 2009 
Panel under paragraph (1) shall be filled in the same manner 
as the original appointment. 
(b) ADDITIONAL DUTIES.—In addition to the duties of the Panel 
under section 118(f) of title 10, United States Code, the Panel 
shall, with respect to the 2009 QDR— 
(1) review the Secretary of Defense’s terms of reference, 
and any other materials providing the basis for, or substantial 
inputs to, the work of the Department of Defense on the 2009 
QDR; 
(2) conduct an assessment of the assumptions, strategy, 
findings, and risks in the report of the Secretary of Defense 
on the 2009 QDR, with particular attention paid to the risks 
described in that report; 
(3) conduct an independent assessment of a variety of pos-
sible force structures for the Armed Forces, including the force 
structure identified in the report of the Secretary of Defense 
on the 2009 QDR; and 
(4) review the resource requirements identified in the 2009 
QDR pursuant to section 118(b)(3) of title 10, United States 
Code, and, to the extent practicable, make a general comparison 
of such resource requirements with the resource requirements 
to support the forces contemplated under the force structures 
assessed under paragraph (3). 
(c) REPORTS.— 
(1) INITIAL
REPORT
OF
PANEL.—The report on the 2009 
QDR that is submitted to Congress pursuant to section 118(f)(2) 
of title 10, United States Code, shall include, in addition to 
any other matters required by such section, the interim findings 
of the Panel with respect to the matters specified in subsection 
(b). 
(2) FINAL REPORT OF PANEL.—Not later than July 15, 2010, 
the Panel shall submit to the Secretary of Defense, and to 
the congressional defense committees, the final report of the 
Panel on the matters specified in subsection (b). The report 
shall include such recommendations on such matters as the 
Panel considers appropriate. 
(3) REPORT OF SECRETARY OF DEFENSE.—Not later than 
August 15, 2010, the Secretary of Defense shall, after consulta-
tion with the Chairman of the Joint Chiefs of Staff, submit 
to the congressional defense committees a report setting forth 
the Secretary’s response to the final report of the Panel under 
paragraph (2). 
(d) TERMINATION
OF PANEL.—The Panel shall terminate 45 
days after the date on which the Panel submits its final report 
under subsection (c)(2). 
SEC. 1062. CONGRESSIONAL EARMARKS RELATING TO THE DEPART-
MENT OF DEFENSE. 
(a) REPORT ON RECURRING EARMARKS.— 
(1) REPORT REQUIRED.—Not later than 90 days after the 
date of the enactment of this Act, the Secretary of Defense 
shall submit to the congressional defense committees a report 
regarding covered earmarks. 
(2) ELEMENTS.—The report required by paragraph (1) shall 
include the following: 
(A) An identification of each covered earmark that 
has been included in a national defense authorization Act 
10 USC 2302 
note. 
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123 STAT. 2469 
PUBLIC LAW 111–84—OCT. 28, 2009 
for three or more consecutive fiscal years as of the date 
of the enactment of this Act. 
(B) A description of the extent to which competitive 
or merit-based procedures were used to award funding, 
or to enter into a contract, grant, or other agreement, 
pursuant to each covered earmark. 
(C) An identification of the specific contracting vehicle 
used for each covered earmark. 
(D) In the case of any covered earmark for which 
competitive or merit-based procedures were not used to 
award funding, or to enter into the contract, grant, or 
other agreement, a statement of the reasons competitive 
or merit-based procedures were not used. 
(b) DOD INSPECTOR GENERAL AUDIT OF CONGRESSIONAL EAR-
MARKS.—The Inspector General of the Department of Defense shall 
conduct an audit of contracts, grants, or other agreements pursuant 
to congressional earmarks of Department of Defense funds to deter-
mine whether or not the recipients of such earmarks are complying 
with requirements of Federal law on the use of appropriated funds 
to influence, whether directly or indirectly, congressional action 
on any legislation or appropriation matter pending before Congress. 
(c) DEFINITIONS.—In this section: 
(1) The term ‘‘congressional earmark’’ means any congres-
sionally directed spending item (Senate) or congressional ear-
mark (House of Representatives) on a list published in compli-
ance with rule XLIV of the Standing Rules of the Senate 
or rule XXI of the Rules of the House of Representatives. 
(2) The term ‘‘covered earmark’’ means any congressional 
earmark identified in the joint explanatory statement to accom-
pany the Duncan Hunter National Defense Authorization Act 
for Fiscal Year 2009 (Public Law 110–417) that was printed 
in the Congressional Record on September 23, 2008. 
(3) The term ‘‘national defense authorization Act’’ means 
an Act authorizing funds for a fiscal year for the military 
activities of the Department of Defense, and for other purposes. 
SEC. 1063. REPORT ON BASING PLANS FOR CERTAIN UNITED STATES 
GEOGRAPHIC COMBATANT COMMANDS. 
(a) REPORT REQUIREMENT.—Concurrent with the delivery of 
the report on the 2009 quadrennial defense review required by 
section 118 of title 10, United States Code, the Secretary of Defense 
shall submit to the congressional defense committees a report on 
the plan for basing of forces outside the United States. 
(b) MATTERS COVERED.—The report required under subsection 
(a) shall contain a description of— 
(1) how the plan supports the United States national secu-
rity strategy; 
(2) how the plan supports the security commitments under-
taken by the United States pursuant to any international secu-
rity treaty, including the North Atlantic Treaty, the Treaty 
of Mutual Cooperation and Security between the United States 
and Japan, and the Security Treaty Between Australia, New 
Zealand, and the United States of America; 
(3) how the plan addresses the current security environ-
ment in each geographic combatant command’s area of responsi-
bility, including United States participation in theater security 
10 USC 113 note. 
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123 STAT. 2470 
PUBLIC LAW 111–84—OCT. 28, 2009 
cooperation activities and bilateral partnership, exchanges, and 
training exercises; 
(4) the impact that a permanent change in the basing 
of a unit currently stationed outside the United States would 
have on the matters described in paragraphs (1) through (3); 
(5) the impact the plan will have on the status of overseas 
base closure and realignment actions undertaken as part of 
a global defense posture realignment strategy and the status 
of development and execution of comprehensive master plans 
for overseas military main operating bases, forward operating 
sites, and cooperative security locations of the global defense 
posture of the United States; 
(6) any recommendations for additional closures or realign-
ments of military installations outside of the United States; 
and 
(7) any comments resulting from an interagency review 
of the plan that includes the Department of State and other 
relevant Federal departments and agencies. 
(c) NOTIFICATION REQUIREMENT.—The Secretary of Defense 
shall notify Congress at least 30 days before the permanent reloca-
tion of a unit stationed outside the United States as of the date 
of the enactment of this Act. 
(d) DEFINITIONS.—In this section: 
(1) UNIT.—The term ‘‘unit’’ has the meaning determined 
by the Secretary of Defense for purposes of this section. 
(2) GEOGRAPHIC COMBATANT COMMAND.—For purposes of 
this section, the term ‘‘geographic combatant command’’ means 
a combatant command with a geographic area of responsibility 
that does not include North America. 
Subtitle F—Other Matters 
SEC. 
1071. 
EXTENSION 
OF 
CERTAIN 
AUTHORITY 
FOR 
MAKING 
REWARDS FOR COMBATING TERRORISM. 
Section 127b(c)(3)(C) of title 10, United States Code, is amended 
by striking ‘‘2009’’ and inserting ‘‘2010’’. 
SEC. 1072. BUSINESS PROCESS REENGINEERING. 
(a) NEW PROGRAMS.—Section 2222 of title 10, United States 
Code, is amended— 
(1) in subsection (a)— 
(A) by redesignating paragraphs (1) and (2) as para-
graphs (2) and (3), respectively; 
(B) by inserting before paragraph (2), as redesignated 
by subparagraph (A) of this subsection, the following new 
paragraph (1): 
‘‘(1) the appropriate chief management officer for the 
defense business system modernization has determined whether 
or not— 
‘‘(A) the defense business system modernization is in 
compliance with the enterprise architecture developed 
under subsection (c); and 
‘‘(B) appropriate business process reengineering efforts 
have been undertaken to ensure that— 
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123 STAT. 2471 
PUBLIC LAW 111–84—OCT. 28, 2009 
‘‘(i) the business process to be supported by the 
defense business system modernization will be as 
streamlined and efficient as practicable; and 
‘‘(ii) the need to tailor commercial-off-the-shelf sys-
tems to meet unique requirements or incorporate 
unique interfaces has been eliminated or reduced to 
the maximum extent practicable;’’; 
(C) in paragraph (2), as redesignated by subparagraph 
(A) of this subsection, by striking subparagraph (A) and 
inserting the following new subparagraph (A): 
‘‘(A) has been determined by the appropriate chief 
management officer to be in compliance with the require-
ments of paragraph (1);’’; and 
(D) in paragraph (3), as redesignated by subparagraph 
(A) of this paragraph, by striking ‘‘the certification by the 
approval authority is’’ and inserting ‘‘the certification by 
the approval authority and the determination by the chief 
management officer are’’; and 
(2) in subsection (f)— 
(A) by redesignating paragraphs (1) through (5) as 
subparagraphs (A) through (E), respectively; 
(B) by inserting ‘‘(1)’’ before ‘‘The Secretary of Defense’’; 
(C) in subparagraph (E) of paragraph (1), as designated 
by this paragraph, by striking ‘‘paragraphs (1) through 
(4)’’ and inserting ‘‘subparagraphs (A) through (D)’’; and 
(D) by adding at the end the following new paragraph 
(2): 
‘‘(2) For purposes of subsection (a), the appropriate chief 
management officer for a defense business system modernization 
is as follows: 
‘‘(A) In the case of an Army program, the Chief Manage-
ment Officer of the Army. 
‘‘(B) In the case of a Navy program, the Chief Management 
Officer of the Navy. 
‘‘(C) In the case of an Air Force program, the Chief Manage-
ment Officer of the Air Force. 
‘‘(D) In the case of a program of a Defense Agency, the 
Deputy Chief Management Officer of the Department of 
Defense. 
‘‘(E) In the case of a program that will support the business 
processes of more than one military department or Defense 
Agency, the Deputy Chief Management Officer of the Depart-
ment of Defense.’’. 
(b) ONGOING PROGRAMS.— 
(1) IN GENERAL.—Not later than one year after the date 
of the enactment of this Act, the appropriate chief management 
officer for each defense business system modernization 
approved by the Defense Business Systems Management Com-
mittee before the date of the enactment of this Act that will 
have a total cost in excess of $100,000,000 shall review such 
defense business system modernization to determine whether 
or not appropriate business process reengineering efforts have 
been undertaken to ensure that— 
(A) the business process to be supported by such 
defense business system modernization will be as stream-
lined and efficient as practicable; and 
Deadline. 
Review. 
10 USC 2222 
note. 
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123 STAT. 2472 
PUBLIC LAW 111–84—OCT. 28, 2009 
(B) the need to tailor commercial-off-the-shelf systems 
to meet unique requirements or incorporate unique inter-
faces has been eliminated or reduced to the maximum 
extent practicable. 
(2) ACTION
ON
FINDING
OF
LACK
OF
REENGINEERING 
EFFORTS.—If the appropriate chief management officer deter-
mines that appropriate business process reengineering efforts 
have not been undertaken with regard to a defense business 
system modernization as described in paragraph (1), that chief 
management officer— 
(A) shall develop a plan to undertake business process 
reengineering efforts with respect to the defense business 
system modernization; and 
(B) may direct that the defense business system mod-
ernization be restructured or terminated, if necessary to 
meet the requirements of paragraph (1). 
(3) DEFINITIONS.—In this subsection: 
(A) The term ‘‘appropriate chief management officer’’, 
with respect to a defense business system modernization, 
has the meaning given that term in paragraph (2) of sub-
section (f) of section 2222 of title 10, United States Code 
(as amended by subsection (a)(2) of this section). 
(B) The term ‘‘defense business system modernization’’ 
has the meaning given that term in subsection (j)(3) of 
section 2222 of title 10, United States Code. 
SEC. 1073. TECHNICAL AND CLERICAL AMENDMENTS. 
(a) TITLE 10, UNITED STATES CODE.—Title 10, United States 
Code, is amended as follows: 
(1) The table of chapters at the beginning of subtitle A 
is amended— 
(A) in the item relating to chapter 81, by striking 
‘‘1581’’ and inserting ‘‘1580’’; and 
(B) in the item relating to chapter 152, by striking 
‘‘2541’’ and inserting ‘‘2551’’. 
(2) Section 118(g) is amended by striking ‘‘the date of 
the enactment of the National Defense Authorization Act for 
Fiscal Year 2008’’ in paragraphs (1) and (2) and inserting 
‘‘January 28, 2008,’’. 
(3) Section 184(b)(3) is amended by striking ‘‘the date of 
the enactment of this section’’ and inserting ‘‘October 17, 2006’’. 
(4) Section 438 at the end of subchapter I of chapter 21 
is redesignated as section 428. 
(5) The item relating to section 438 in the table of sections 
at the beginning of subchapter I of chapter 21 is redesignated 
as section 428. 
(6) Section 490(b)(1) is amended by striking ‘‘180 days 
after date of the enactment of this section, and every even- 
numbered year thereafter’’ and inserting ‘‘July 28 of every 
even-numbered year’’. 
(7) The table of chapters at the beginning of part II of 
subtitle A is amended by striking ‘‘1581’’ in the item relating 
to chapter 81 and inserting ‘‘1580’’. 
(8) Section 992(b)(4) is amended by striking the period 
after ‘‘under this section’’. 
(9) Section 1074f(f)(3) is amended by striking ‘‘continency’’ 
and inserting ‘‘contingency’’. 
Plans. 
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123 STAT. 2473 
PUBLIC LAW 111–84—OCT. 28, 2009 
(10) Section 1074g(f) is amended by striking ‘‘on or after 
the date of the enactment of the National Defense Authorization 
Act for Fiscal Year 2008’’ and inserting ‘‘after January 28, 
2008’’. 
(11) The section heading for section 1076d is amended 
by striking ‘‘standard’’ and inserting ‘‘Standard’’. 
(12) Section 1079(f)(2)(B) is amended by striking the period 
after ‘‘year’’. 
(13) Section 1142(b) is amended— 
(A) in paragraph (4)(C), by striking ‘‘the Troops-to- 
Teachers Program Act of 1999 (20 U.S.C. 9301 et seq.)’’ 
and inserting ‘‘the Troops-to-Teachers Program under sec-
tion 2302 of the Elementary and Secondary Education Act 
of 1965 (20 U.S.C. 6672)’’; and 
(B) in paragraph (15), by striking ‘‘federal’’ both places 
it appears and inserting ‘‘Federal’’. 
(14) Section 1175a(h)(1) is amended by striking ‘‘qualities’’ 
and inserting ‘‘qualifies’’. 
(15) Section 1408(h)(2) is amended by striking ‘‘and’’ at 
the end of subparagraph (A). 
(16) The heading of section 1567 is amended to read as 
follows: 
‘‘§ 1567. Duration of military protective orders’’. 
(17) The heading of section 1567a is amended to read 
as follows: 
‘‘§ 1567a. Mandatory notification of issuance of military 
protective order to civilian law enforcement’’. 
(18) Section 2004a is amended— 
(A) in subsection (b)(1), by striking ‘‘pay grade 0-3’’ 
and inserting ‘‘pay grade O-3’’; and 
(B) in subsection (i), by adding a period at the end. 
(19) Section 2127(e) is amended by striking ‘‘of’’ after ‘‘an 
annual grant’’. 
(20) Section 2200a(e)(1) is amended by striking ‘‘section 
(b)’’ and inserting ‘‘subsection (b)’’. 
(21) The table of chapters at the beginning of part IV 
of subtitle A is amended by striking ‘‘2541’’ in the item relating 
to chapter 152 and inserting ‘‘2551’’. 
(22) Section 2306c(h) is amended by striking ‘‘section 
2801(c)(2)’’ and inserting ‘‘section 2801(c)(4)’’. 
(23) Section 2333 is amended— 
(A) in subsection (d)(1)(D)(ii), by striking ‘‘indefinite 
delivery indefinite quantity’’ and inserting ‘‘indefinite 
delivery-indefinite quantity’’; 
(B) in subsection (d)(2), by striking ‘‘this Act’’ and 
inserting ‘‘the John Warner National Defense Authorization 
Act for Fiscal Year 2007 (Public Law 109–364; 120 Stat. 
2388)’’; and 
(C) in subsection (f)(3), by striking ‘‘section 101(13)’’ 
and inserting ‘‘section 101(a)(13)’’. 
(24) Section 2401(f)(2) is amended by striking ‘‘the date 
of the enactment of the National Defense Authorization Act 
for Fiscal Year 2006’’ and inserting ‘‘January 6, 2006’’. 
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123 STAT. 2474 
PUBLIC LAW 111–84—OCT. 28, 2009 
(25) Section 2461(c)(3)(A) is amended by striking ‘‘public 
private competition’’ both places it appears in the first sentence 
and inserting ‘‘public-private competition’’. 
(26) Section 2667(g)(1) is amended by striking ‘‘law,’’ and 
all that follows through ‘‘may’’ and inserting ‘‘law, the Secretary 
concerned may’’. 
(27) Section 2684a(g)(2) is amended by striking ‘‘the fol-
lowing the following’’ and inserting ‘‘the following’’. 
(28) Section 2701(d)(5) is amended by striking ‘‘6920)’’ and 
inserting ‘‘9620)’’. 
(29) Sections 4348(f), 6959(f), and 9348(f) are amended 
by striking ‘‘section (a)’’ and inserting ‘‘subsection (a)’’. 
(30) The item relating to section 7317 in the table of 
sections at the beginning of chapter 633 is amended by inserting 
a period after ‘‘thereof’’. 
(31) Section 7306b(b)(1) is amended by striking ‘‘1802(14))’’ 
and inserting ‘‘1802(14)))’’. 
(32) The item relating to section 9515 in the table of 
sections at the beginning of chapter 941 is transferred to appear 
after the item relating to section 9514 in the table of sections 
at the beginning of chapter 931. 
(33) The item relating to chapter 1409 in the table of 
chapters at the beginning of subtitle E is amended by striking 
‘‘Reserve-Active Status List’’ and inserting ‘‘Reserve Active- 
Status List’’. 
(34) Section 12310(c)(1)(A) is amended by striking ‘‘section 
12304(i)(2) of this title’’ and inserting ‘‘section 1403 of the 
Defense Against Weapons of Mass Destruction Act of 1996 
(50 U.S.C. 2302(1))’’. 
(35) Section 12731(f)(2)(A) is amended by striking ‘‘the 
date of the enactment of the National Defense Authorization 
Act for Fiscal Year 2008’’ and inserting ‘‘January 28, 2008’’. 
(36) Section 16163(e)(1) is amended by striking ‘‘programs’’ 
and inserting ‘‘program’’. 
(b) TITLE 37, UNITED STATES CODE.—Section 308(a)(2)(A)(ii) 
of title 37, United States Code, is amended by striking the comma 
before the period at the end. 
(c) DUNCAN HUNTER NATIONAL DEFENSE AUTHORIZATION 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’’. 
(3) Section 616 (122 Stat. 4486) is amended by striking 
‘‘of title’’ in subsections (b) and (c) and inserting ‘‘of such title’’. 
(4) Section 811(c)(6)(A)(iv)(I) (122 Stat. 4524) is amended 
by striking ‘‘after of ‘the program’ ’’ and inserting ‘‘after ‘of 
the program’ ’’. 
(5) Section 813(d)(3) (122 Stat. 4527) is amended by striking 
‘‘each of subsections (c)(2)(A) and (d)(2)’’ and inserting ‘‘sub-
section (c)(2)(A)’’. 
(6) Section 834(a)(2) (122 Stat. 4537) is amended by 
inserting ‘‘subchapter II of’’ before ‘‘chapter 87’’. 
10 USC 2302 
note. 
10 USC 2433. 
10 USC 
2130a, 16201. 
10 USC 662. 
6 USC 121 note. 
Effective date. 
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123 STAT. 2475 
PUBLIC LAW 111–84—OCT. 28, 2009 
(7) Section 855 (122 Stat. 4545) is repealed. 
(8) Section 921(1) (122 Stat. 4573) is amended by striking 
‘‘subsections (f) and (g) as subsections (g) and (h)’’ and inserting 
‘‘subsections (f), (g), and (h) as subsections (g), (h), and (i)’’. 
(9) Section 931(b)(5) (122 Stat. 4575) is amended— 
(A) by striking ‘‘Section 201(e)(2)’’ and inserting ‘‘Sec-
tion 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))’’. 
(10) Section 932 (122 Stat. 4576) is repealed. 
(11) Section 1059 (122 Stat. 4611) is amended by striking 
‘‘Act of’’ and inserting ‘‘Act for’’. 
(12) Section 1061(b)(3) (122 Stat. 4613) is amended by 
striking ‘‘103’’ and inserting ‘‘188’’. 
(13) Section 2104(b) (122 Stat. 4664) is amended in the 
matter preceding paragraph (1) by striking ‘‘section 2401’’ and 
inserting ‘‘section 2101’’. 
(14) 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 Authorization Act for Fiscal Year 2008 (Public 
Law 110–181; 122 Stat. 599), is repealed.’’. 
(15) Section 3511(d) (122 Stat. 4770) is amended by 
inserting before the period the following: ‘‘, and by striking 
‘CALENDAR’ and inserting ‘FISCAL’ in the heading for paragraph 
(2)’’. 
(d) NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 
2008.—Section 1107(e)(1) of the National Defense Authorization 
Act for Fiscal Year 2008 (Public 110–181; 10 U.S.C. 2358 note) 
is amended by striking ‘‘Not later than’’ and all that follows through 
‘‘subsection is submitted,’’ and inserting ‘‘Not later than November 
29, 2008, and not later than March 1 of each year thereafter,’’. 
SEC. 1074. EXTENSION OF SUNSET FOR CONGRESSIONAL COMMISSION 
ON THE STRATEGIC POSTURE OF THE UNITED STATES. 
Section 1062(g) of the National Defense Authorization Act for 
Fiscal Year 2008 (Public Law 110–181; 122 Stat. 319) is amended 
by striking ‘‘September 30, 2009’’ and inserting ‘‘December 31, 
2009’’. 
SEC. 1075. COMBAT AIR FORCES RESTRUCTURING. 
(a) LIMITATIONS RELATING
TO LEGACY AIRCRAFT.—Until the 
expiration of the 30-day period beginning on the date the Secretary 
of the Air Force submits a report in accordance with subsection 
(b), the following provisions apply: 
(1) PROHIBITION ON RETIREMENT OF AIRCRAFT.—The Sec-
retary of the Air Force may not retire any fighter aircraft 
pursuant to the Combat Air Forces restructuring plan 
announced by the Secretary on May 18, 2009. 
(2) PROHIBITION ON PERSONNEL REASSIGNMENTS.—The Sec-
retary of the Air Force may not reassign any Air Force per-
sonnel (whether on active duty or a member of a reserve compo-
nent, including the National Guard) associated with such 
restructuring plan. 
Deadline. 
Time period. 
Reports. 
Applicability. 
46 USC 55314. 
Repeal. 
46 USC 53101, 
54101. 
10 USC 1074g 
note. 
10 USC 113 note. 
Repeal. 
10 USC 193, 201, 
425, 431, 441, 
443, 444, 2273, 
2723. 
6 USC 121. 
50 USC 1521 
note. 
Repeal. 
18 USC 3287. 
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123 STAT. 2476 
PUBLIC LAW 111–84—OCT. 28, 2009 
(b) REPORT.—The report under subsection (a) shall be submitted 
to the Committees on Armed Services of the House of Representa-
tives 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 actions will be addressed. 
(2) An explanation of the assessment conducted of the 
current threat environment and current capabilities. 
(3) A description of the follow-on mission assignments for 
each affected base. 
(4) An explanation of the criteria used for selecting the 
affected bases and the particular fighters chosen for retirement. 
(5) A description of the environmental analyses being con-
ducted. 
(6) An identification of the reassignment and manpower 
authorizations necessary for the Air Force personnel (both 
active duty and reserve component) affected by the retirements 
if such retirements are accomplished. 
(7) A description of the funding needed in fiscal years 
2010 through 2015 to cover operation and maintenance costs, 
personnel, and aircraft procurement, if the restructuring plan 
is not carried out. 
(8) An estimate of the cost avoidance should the restruc-
turing plan more forward and a description 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 prohibition in sub-
section (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. 1076. SENSE OF CONGRESS REGARDING CARRIER AIR WING 
FORCE STRUCTURE. 
(a) FINDINGS.—Congress makes the following findings: 
(1) Section 5062(b) of title 10, United States Code, requires 
the Department of the Navy to maintain not less than 11 
operational aircraft carriers. 
(2) In repeated testimony before Congress, the Navy has 
pledged its long-term commitment to naval combat forces that 
include 11 operational aircraft carriers and 10 carrier air wings, 
composed of 44 strike-fighter aircraft per wing. 
(b) SENSE OF CONGRESS.—It is the sense of Congress that— 
(1) in addition to the forces described in section 5062(b) 
of title 10, United States Code, the Navy should meet its 
current requirement for 10 carrier air wings (even if the number 
of aircraft carriers is temporarily reduced) that are comprised 
of not less than 44 strike-fighter aircraft, in addition to any 
other aircraft associated with the air wing; and 
(2) the Congress and the Secretary of the Navy should 
take all appropriate actions necessary to achieve the current 
requirement for such carrier air wings until such time that 
modifications to the carrier air wing force structure are war-
ranted and the Secretary of the Navy provides Congress with 
a justification of any proposed modifications, supported by rig-
orous and sufficient warfighting analysis. 
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123 STAT. 2477 
PUBLIC LAW 111–84—OCT. 28, 2009 
SEC. 1077. DEPARTMENT OF VETERANS AFFAIRS USE OF SERVICE 
DOGS FOR THE TREATMENT OR REHABILITATION OF VET-
ERANS 
WITH 
PHYSICAL 
OR 
MENTAL 
INJURIES 
OR 
DISABILITIES. 
(a) PROGRAM REQUIRED.—Not later than 270 days after the 
date of the enactment of this Act, the Secretary of Veterans Affairs 
shall commence a three-year study to assess the benefits, feasibility, 
and advisability of using service dogs for the treatment or 
rehabilitation of veterans with physical or mental injuries or disabil-
ities, including post-traumatic stress disorder. 
(b) PARTNERSHIPS.— 
(1) IN GENERAL.—The Secretary shall carry out the study 
by partnering with nonprofit 501(c)(3) organizations that— 
(A) would not charge veterans who participate in the 
study fees for the dogs, services, or lodging that they pro-
vide; and 
(B) are accredited by, or adhere to standards com-
parable to those of, an accrediting organization with dem-
onstrated experience, national scope, and recognized leader-
ship and expertise in the training of service dogs and 
education in the use of service dogs. 
(2) REIMBURSEMENT
OF
COSTS.—The Secretary shall 
reimburse partners $10,000 for each dog provided to a veteran 
who enrolls in the study and successfully completes a training 
program offered by one of the partners. 
(c) PARTICIPATION.— 
(1) IN GENERAL.—As part of the study, the Secretary shall, 
subject to paragraph (2), arrange for the provision of a service 
dog to the greater of the following: 
(A) 200 veterans. 
(B) A sufficient number of such veterans to produce 
scientifically valid results with respect to assessing the 
benefits and costs of the use of such dogs for the treatment 
or rehabilitation of such veterans. 
(2) NUMBER OF VETERANS.—The Department of Veterans 
Affairs may provide dogs to fewer than 200 veterans if, despite 
its sustained and repeated efforts, it is unable to recruit 200 
veterans to participate in the study referred to in subsection 
(d). 
(3) ELIGIBLE
VETERANS.—A veteran is eligible to enroll 
and participate in the study on an ongoing basis if: 
(A) The veteran has physical disabilities (other than 
blindness or hearing impairment) or mental injuries or 
disabilities. 
(B) A Department of Veterans Affairs provider deter-
mines, based on clinical evaluation of efficacy, that the 
veteran is an appropriate candidate for the study and may 
potentially benefit from a service dog. 
(C) The veteran agrees to successfully complete a 
training program arranged by the Department of Veterans 
Affairs and offered by a nonprofit 501(c)(3) organization 
that is accredited by, or adheres to standards comparable 
to those of, an accrediting organization with demonstrated 
experience, national scope, and recognized leadership and 
expertise in the training of service dogs and education 
in the use of service dogs. 
Deadline. 
Study. 
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123 STAT. 2478 
PUBLIC LAW 111–84—OCT. 28, 2009 
(4) COMPOSITION.—The Secretary shall ensure that at least 
half of the participants in the study are veterans who suffer 
primarily from a mental health injury or disability. 
(5) AUTHORIZED BENEFITS.—The Department of Veterans 
Affairs will provide to a veteran participating in this study: 
(A) Veterinary treatment to maintain the health of 
the dog and keep it functioning in its prescribed role. 
(B) Hardware required by the dog to perform its tasks, 
and repairs to such hardware. 
(C) Payments and allowances for travel incurred in 
becoming adjusted to the service dogs, to be paid in the 
same manner that payments and allowances are authorized 
under section 111 of title 38, United States Code, and 
its implementing regulations. 
(6) ADDITIONAL
BENEFIT
FOR
ASSOCIATED
EXPENSES.—As 
an incentive for participation in the study, veterans partici-
pating in the study will receive from the Department of Vet-
erans Affairs a monthly payment of $75 to offset costs associ-
ated with the dog in addition to those identified in paragraph 
(5), such as services not prescribed or performed by a veteri-
narian, including but not limited to, license tags (if required), 
food, grooming, nail trimming, boarding, and over-the-counter 
medications. 
(7) OPTION FOR OWNERSHIP OF, AND RESPONSIBILITY FOR, 
THE DOG AFTER THE COMPLETION OF THE STUDY.—At the end 
of the study the veteran will have the option of ownership 
of the dog. If the veteran does not wish to retain the dog, 
the 501(c)(3) organization that provided the dog will be respon-
sible for caring for or appropriately placing the dog. In any 
case after completion of the study, or if and when the veteran 
chooses to not participate in the study until completion, further 
responsibility by the Department of Veterans Affairs for any 
benefits in this provision will cease. Further, the Department 
of Veterans Affairs’ liability related to the dog will cease. 
(d) STUDY.—The Secretary shall conduct a scientifically valid 
research study of the costs and benefits associated with the use 
of service dogs for the treatment or rehabilitation of veterans with 
physical or mental injuries or disabilities. The matters studied 
shall include the following: 
(1) The therapeutic benefits to such veterans, including 
the quality of life benefits reported by the veterans partaking 
in the study. 
(2) The economic benefits of using service dogs for the 
treatment or rehabilitation of such veterans, including— 
(A) savings on health care costs, including savings 
related to reductions in hospitalization and reductions in 
the use of prescription drugs; and 
(B) productivity and employment gains for the vet-
erans. 
(e) REPORTS.— 
(1) ANNUAL REPORT OF THE SECRETARY.—After each year 
of the study, the Secretary shall submit to Congress a report 
on the findings of the Secretary with respect to the study. 
(2) 
FINAL
REPORT
BY
THE
NATIONAL
ACADEMY
OF 
SCIENCES.—Not later than 180 days after the date of the 
completion of the study, the National Academy of Sciences 
shall submit to Congress a report on the results of the study. 
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123 STAT. 2479 
PUBLIC LAW 111–84—OCT. 28, 2009 
(f) FUNDING.—The study under this section is subject to the 
availability of appropriations provided to the Department of Vet-
erans Affairs for such purpose. 
SEC. 1078. PLAN FOR SUSTAINMENT OF LAND-BASED SOLID ROCKET 
MOTOR INDUSTRIAL BASE. 
(a) IN GENERAL.—The Secretary of Defense shall review and 
establish a plan to sustain the solid rocket motor industrial base, 
including the ability to maintain and sustain currently deployed 
strategic and missile defense systems and to maintain an intellec-
tual and engineering capacity to support next generation rocket 
motors, as needed. 
(b) SUBMISSION OF PLAN.—Not later than June 1, 2010, the 
Secretary of Defense shall submit to the congressional defense 
committees the plan required under subsection (a). 
SEC. 1079. JUSTICE FOR VICTIMS OF TORTURE AND TERRORISM. 
It is the sense of Congress that the claims of American victims 
of torture and hostage taking by the Government of Iraq during 
the regime of Saddam Hussein that are subject to Presidential 
Determination Number 2008-9 of January 28, 2008, which waived 
application of section 1083 of the National Defense Authorization 
Act for Fiscal Year 2008, should be resolved by a prompt and 
fair settlement negotiated between the Government of Iraq and 
the Government of the United States, taking note of the provisions 
of H.R. 5167 of the 110th Congress, which was adopted by the 
United States House of Representatives. 
SEC. 1080. REQUIREMENT FOR VIDEOTAPING OR OTHERWISE ELEC-
TRONICALLY 
RECORDING 
STRATEGIC 
INTELLIGENCE 
INTERROGATIONS OF PERSONS IN THE CUSTODY OF OR 
UNDER THE EFFECTIVE CONTROL OF THE DEPARTMENT 
OF DEFENSE. 
(a) 
VIDEOTAPING
OR
OTHER
ELECTRONIC
RECORDING 
REQUIRED.—In accordance with the Army Field Manual on Human 
Intelligence Collector Operations (FM 2–22.3, September 2006), or 
any successor thereto, and the guidelines developed pursuant to 
subsection (f), the Secretary of Defense shall ensure that each 
strategic intelligence interrogation of any person who is in the 
custody or under the effective control of the Department of Defense 
or under detention in a Department of Defense facility is videotaped 
or otherwise electronically recorded. 
(b) CLASSIFICATION OF INFORMATION.—To protect United States 
national security, the safety of the individuals conducting or 
assisting in the conduct of a strategic intelligence interrogation, 
and the privacy of persons described in subsection (a), the Secretary 
of Defense shall provide for the appropriate classification of video-
tapes or other electronic recordings made pursuant to subsection 
(a). The use of such classified videotapes or other electronic 
recordings in proceedings conducted under the Detainee Treatment 
Act of 2005 (title 14 of Public Law 109–163 and title 10 of Public 
Law 109–148), the Military Commissions Act of 2006 (10 U.S.C. 
948 et seq.; Public Law 109–366), as amended by section 1802 
of this Act, or at any other judicial or administrative forum under 
any other provision of law shall be governed by applicable rules, 
regulations, and laws that protect classified information. 
10 USC 801 note. 
Review. 
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123 STAT. 2480 
PUBLIC LAW 111–84—OCT. 28, 2009 
(c) STRATEGIC INTELLIGENCE INTERROGATION DEFINED.—For 
purposes of this section, the term ‘‘strategic intelligence interroga-
tion’’ means an interrogation of a person described in subsection 
(a) conducted at a theater-level detention facility. 
(d) EXCLUSION.—Nothing in this section shall be construed 
as requiring— 
(1) any member of the Armed Forces engaged in direct 
combat operations to videotape or otherwise electronically 
record an interrogation of a person described in subsection 
(a); or 
(2) the videotaping of or otherwise electronically recording 
of tactical questioning, as such term is defined in the Army 
Field Manual on Human Intelligence Collector Operations (FM 
2–22.3, September 2006), or any successor thereto. 
(e) WAIVER.— 
(1) WAIVERS AUTHORIZED.—The Secretary of Defense may, 
as an exceptional measure, as part of a specific interrogation 
plan for a specific person described in subsection (a), waive 
the requirement in that subsection on a case-by-case basis 
for a period not to exceed 30 days, if the Secretary— 
(A) makes a determination in writing that such a 
waiver is necessary to the national security interests of 
the United States; and 
(B) by not later than five days after the date on which 
such a determination is made, submits to the Committees 
on Armed Services of the Senate and House of Representa-
tives, the House Permanent Select Committee on Intel-
ligence, and the Senate Select Committee on Intelligence 
notice of that determination, including a justification for 
that determination. 
(2) SUSPENSIONS AUTHORIZED.—The Secretary may tempo-
rarily suspend the requirement under subsection (a) at a spe-
cific theater-level detention facility for a period not to exceed 
30 days, if the Secretary— 
(A) makes a determination in writing that such a 
suspension is vital to the national security interests of 
the United States; and 
(B) by not later than five days after the date on which 
such a determination is made, submits to the Committees 
on Armed Services of the Senate and House of Representa-
tives, the House Permanent Select Committee on Intel-
ligence, and the Senate Select Committee on Intelligence 
notice of that determination, including a justification for 
that determination. 
(3) LIMITATION
ON
DELEGATION
OF
AUTHORITY.—This 
authority of the Secretary under this subsection may only be 
delegated as follows: 
(A) In the case of the authority under paragraph (1), 
such authority may not be delegated below the level of 
the combatant commander of the theater in which the 
detention facility holding the person is located. 
(B) In the case of the authority under paragraph (2), 
such authority may not be delegated below the level of 
the Deputy Secretary of Defense. 
(4) EXTENSIONS.—The Secretary may extend a waiver 
under paragraph (1) for one additional 30-day period, or a 
Deadline. 
Notice. 
Determination. 
Deadline. 
Notice. 
Determination. 
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123 STAT. 2481 
PUBLIC LAW 111–84—OCT. 28, 2009 
suspension under paragraph (2) for one additional 30-day 
period, if— 
(A) the Secretary— 
(i) in the case of such a waiver, makes a determina-
tion in writing that such an extension is necessary 
to the national security interests of the United State; 
or 
(ii) in the case of such a suspension, makes a 
determination in writing that such an extension is 
vital to the national security interests of the United 
States; and 
(B) by not later than five days after the date on which 
such a determination is made, the Secretary submits to 
the Committees on Armed Services of the Senate and House 
of Representatives, the House Permanent Select Committee 
on Intelligence, and the Senate Select Committee on Intel-
ligence notice of that determination, including a justifica-
tion for that determination. 
(f) GUIDELINES.— 
(1) DEVELOPMENT
OF
GUIDELINES.—The Secretary of 
Defense, acting through the Judge Advocates General (as 
defined in section 801(1) of title 10, United States Code, (Article 
1 of the Uniform Code of Military Justice)), shall develop and 
adopt uniform guidelines for videotaping or otherwise electroni-
cally recording strategic intelligence interrogations as required 
under subsection (a). Such guidelines shall, at a minimum— 
(A) promote full compliance with the laws of the United 
States; 
(B) promote the exploitation of intelligence; 
(C) address the retention, maintenance, and disposition 
of videotapes or other electronic recordings, consistent with 
subparagraphs (A) and (B) and with the interests of justice; 
and 
(D) ensure the safety of all participants in the interro-
gations. 
(2) SUBMITTAL TO CONGRESS.—Not later than 30 days after 
the date of the enactment of this section, the Secretary of 
Defense shall submit to the Committees on Armed Services 
of the Senate and House of Representatives a report containing 
the guidelines developed under paragraph (1). Such report shall 
be in an unclassified form but may include a classified annex. 
SEC. 1081. MODIFICATION OF PILOT PROGRAM ON COMMERCIAL FEE- 
FOR-SERVICE AIR REFUELING SUPPORT FOR THE AIR 
FORCE. 
Section 1081(a) of the National Defense Authorization Act for 
Fiscal Year 2008 (Public Law 110-181; 122 Stat. 335; 10 U.S.C. 
2461 note) is amended by inserting before the period at the end 
of the first sentence the following: ‘‘, unless the Secretary of Defense 
submits notification to the congressional defense committees that 
pursuing such a program is not in the national interest’’. 
SEC. 1082. MULTIYEAR CONTRACTS UNDER PILOT PROGRAM ON 
COMMERCIAL FEE-FOR-SERVICE AIR REFUELING SUP-
PORT FOR THE AIR FORCE. 
(a) MULTIYEAR CONTRACTS AUTHORIZED.—The Secretary of the 
Air Force may enter into one or more multiyear contracts, beginning 
with the fiscal year 2011 program year, for purposes of conducting 
10 USC 2461 
note. 
Deadline. 
Reports. 
Deadline. 
Determination. 
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123 STAT. 2482 
PUBLIC LAW 111–84—OCT. 28, 2009 
the pilot program on utilizing commercial fee-for-service air 
refueling tanker aircraft for Air Force operations required by section 
1081 of the National Defense Authorization Act for Fiscal Year 
2008 (Public Law 110-181; 122 Stat. 335). 
(b) COMPLIANCE WITH LAW APPLICABLE TO MULTIYEAR CON-
TRACTS.—Any contract entered into under subsection (a) shall be 
entered into in accordance with the provisions of section 2306c 
of title 10, United States Code, except that— 
(1) the term of the contract may not be more than 8 
years; and 
(2) notwithstanding section 2306c(b) of such title, the 
authority under section 2306c(a) of such title shall apply to 
the fee-for-service air refueling pilot program. 
(c) COMPLIANCE WITH LAW APPLICABLE
TO SERVICE CON-
TRACTS.—A contract entered into under subsection (a) shall be 
entered into in accordance with the provisions of section 2401 
of title 10, United States Code, except that— 
(1) the Secretary shall not be required to certify to the 
congressional defense committees that the contract is the most 
cost-effective means of obtaining commercial fee-for-service air 
refueling tanker aircraft for Air Force operations; and 
(2) the Secretary shall not be required to certify to the 
congressional defense committees that there is no alternative 
for meeting urgent operational requirements other than making 
the contract. 
(d) LIMITATION ON AMOUNT.—The amount of a contract under 
subsection (a) may not exceed $999,999,999. 
(e) PROVISION OF GOVERNMENT INSURANCE.—A commercial air 
operator contracting with the Department of Defense under the 
pilot program referred to in subsection (a) shall be eligible to 
receive Government-provided insurance pursuant to chapter 443 
of title 49, United States Code, if commercial insurance is unavail-
able on reasonable terms and conditions. 
SEC. 1083. DISCLOSURE OF NAMES OF STUDENTS AND INSTRUCTORS 
AT WESTERN HEMISPHERE INSTITUTE FOR SECURITY 
COOPERATION. 
(a) DISCLOSURE.— 
(1) IN GENERAL.—The Secretary of Defense shall release 
to the public, upon request, the information described in para-
graph (2) for each of fiscal years 2009 and 2010. 
(2) CONTENT.—The information to be released under para-
graph (1) shall include, with respect to the fiscal year covered, 
the entire name, including the first, middle, and surnames, 
with respect to each student and instructor at the Western 
Hemisphere Institute for Security Cooperation. 
(b) WAIVER.—The Secretary of Defense may waive the require-
ment under subsection (a) if the Secretary determines it to be 
in the national interest. 
SEC. 1084. SENSE OF CONGRESS REGARDING THE WESTERN HEMI-
SPHERE INSTITUTE FOR SECURITY COOPERATION. 
It is the sense of Congress that— 
(1) the Western Hemisphere Institute for Security Coopera-
tion— 
Public 
information. 
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123 STAT. 2483 
PUBLIC LAW 111–84—OCT. 28, 2009 
(A) offers quality professional military bilingual 
instruction for military officers and noncommissioned offi-
cers that promotes democracy, subordination to civilian 
authority, and respect for human rights; and 
(B) is uniquely positioned to support the modernization 
of Latin America security forces as they work to transcend 
their own controversial pasts; 
(2) the Western Hemisphere Institute for Security Coopera-
tion is building partner capacity which enhances regional and 
global security while encouraging respect for human rights 
and promoting democratic principles among eligible military 
personnel, law enforcement officials, and civilians of nations 
of the Western Hemisphere; 
(3) the Western Hemisphere Institute for Security Coopera-
tion is an invaluable education and training facility the cur-
riculum of which is not duplicated in any of the military depart-
ments and is not replaceable by professional military education 
funded by appropriations for International Military Education 
and Training, for which education is not conducted in Spanish 
and does not concentrate on regional challenges; and 
(4) the Western Hemisphere Institute for Security Coopera-
tion is an essential tool to educate future generations of Latin 
American leaders and improve United States relationships with 
partner nations that are working with the United States to 
promote democracy, prosperity, and stability in the Western 
Hemisphere. 
TITLE XI—CIVILIAN PERSONNEL 
MATTERS 
Subtitle A—Personnel 
Sec. 1101. Authority to employ individuals completing the National Security Edu-
cation Program. 
Sec. 1102. Authority for employment by Department of Defense of individuals who 
have successfully completed the requirements of the science, mathe-
matics, and research for transformation (SMART) defense scholarship 
program. 
Sec. 1103. Authority for the employment of individuals who have successfully com-
pleted the Department of Defense information assurance scholarship 
program. 
Sec. 1104. Extension and modification of experimental personnel management pro-
gram for scientific and technical personnel. 
Sec. 1105. Modification to Department of Defense laboratory personnel authority. 
Sec. 1106. One-year extension of authority to waive annual limitation on premium 
pay and aggregate limitation on pay for Federal civilian employees 
working overseas. 
Sec. 1107. Extension of certain benefits to Federal civilian employees on official 
duty in Pakistan. 
Sec. 1108. Requirement for Department of Defense strategic workforce plans. 
Sec. 1109. Adjustments to limitations on personnel and requirement for annual 
manpower reporting. 
Sec. 1110. Pilot program for the temporary exchange of information technology per-
sonnel. 
Sec. 1111. Availability of funds for compensation of certain civilian employees of 
the Department of Defense. 
Sec. 1112. Department of defense civilian leadership program. 
Sec. 1113. Provisions relating to the National Security Personnel System. 
Sec. 1114. Provisions relating to the Defense Civilian Intelligence Personnel Sys-
tem. 
Subtitle B—Provisions Relating to Reemployment of Annuitants 
Sec. 1121. Authority to expand scope of provisions relating to unreduced compensa-
tion for certain reemployed annuitants. 
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123 STAT. 2484 
PUBLIC LAW 111–84—OCT. 28, 2009 
Sec. 1122. Part-time reemployment. 
Sec. 1123. Government Accountability Office report. 
Subtitle A—Personnel 
SEC. 1101. AUTHORITY TO EMPLOY INDIVIDUALS COMPLETING THE 
NATIONAL SECURITY EDUCATION PROGRAM. 
Section 802 of the David L. Boren National Security Education 
Act of 1991 (50 U.S.C. 1902) is amended by adding at the end 
the following new subsection: 
‘‘(k) EMPLOYMENT OF PROGRAM PARTICIPANTS.—The Secretary 
of Defense, the Secretary of Homeland Security, the Secretary of 
State, or the head of a Federal agency or office identified by the 
Secretary of Defense under subsection (g) as having national secu-
rity responsibilities— 
‘‘(1) may, without regard to any provision of title 5 gov-
erning appointments in the competitive service, appoint to a 
position that is identified under subsection (b)(2)(A)(i) as having 
national security responsibilities, or to a position in such Fed-
eral agency or office, in the excepted service an individual 
who has successfully completed an academic program for which 
a scholarship or fellowship under this section was awarded 
and who, under the terms of the agreement for such scholarship 
or fellowship, at the time of such appointment owes a service 
commitment to such Department or such Federal agency or 
office; and 
‘‘(2) may, upon satisfactory completion of two years of 
substantially continuous service by an incumbent who was 
appointed to an excepted service position under the authority 
of paragraph (1), convert the appointment of such individual, 
without competition, to a career or career conditional appoint-
ment.’’. 
SEC. 1102. AUTHORITY FOR EMPLOYMENT BY DEPARTMENT OF 
DEFENSE OF INDIVIDUALS WHO HAVE SUCCESSFULLY 
COMPLETED THE REQUIREMENTS OF THE SCIENCE, 
MATHEMATICS, AND RESEARCH FOR TRANSFORMATION 
(SMART) DEFENSE SCHOLARSHIP PROGRAM. 
(a) AUTHORITY
FOR EMPLOYMENT.—Subsection (d) of section 
2192a of title 10, United States Code, is amended to read as 
follows: 
‘‘(d) EMPLOYMENT OF PROGRAM PARTICIPANTS.—The Secretary 
of Defense— 
‘‘(1) may, without regard to any provision of title 5 gov-
erning appointment of employees to competitive service posi-
tions within the Department of Defense, appoint to a position 
in the Department of Defense in the excepted service an indi-
vidual who has successfully completed an academic program 
for which a scholarship or fellowship under this section was 
awarded and who, under the terms of the agreement for such 
scholarship or fellowship, at the time of such appointment, 
owes a service commitment to the Department; and 
‘‘(2) may, upon satisfactory completion of 2 years of substan-
tially continuous service by an incumbent who was appointed 
to an excepted service position under the authority of paragraph 
(1), convert the appointment of such individual, without com-
petition, to a career or career conditional appointment.’’. 
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123 STAT. 2485 
PUBLIC LAW 111–84—OCT. 28, 2009 
(b) CONFORMING AMENDMENT.—Subsection (c)(2) of such section 
is amended by striking ‘‘Except as provided in subsection (d), the’’ 
in the second sentence and inserting ‘‘The’’. 
(c) TECHNICAL AMENDMENTS.—Subsection (f) of such section 
is amended— 
(1) by striking the first sentence; and 
(2) by striking ‘‘the authorities provided in such chapter’’ 
and inserting ‘‘the other authorities provided in this chapter’’. 
(d) REPEAL OF OBSOLETE PROVISIONS.—(1) Such section is fur-
ther amended by striking subsection (g) and by redesignating sub-
section (h) as subsection (g). 
(2) Subparagraph (B) of section 3304(a)(3) of title 5, United 
States Code, is amended to read as follows: 
‘‘(B) the Office of Personnel Management has deter-
mined that there exists a severe shortage of candidates 
or that there is a critical hiring need.’’. 
SEC. 1103. AUTHORITY FOR THE EMPLOYMENT OF INDIVIDUALS WHO 
HAVE SUCCESSFULLY COMPLETED THE DEPARTMENT OF 
DEFENSE INFORMATION ASSURANCE SCHOLARSHIP PRO-
GRAM. 
(a) IN GENERAL.—Section 2200a of title 10, United States Code, 
is amended by adding at the end the following new subsection: 
‘‘(g) EMPLOYMENT OF PROGRAM PARTICIPANTS.—The Secretary 
of Defense— 
‘‘(1) may, without regard to any provision of title 5 gov-
erning appointments in the competitive service, appoint to an 
information technology position in the Department of Defense 
in the excepted service an individual who has successfully 
completed an academic program for which a scholarship under 
this section was awarded and who, under the terms of the 
agreement for such scholarship, at the time of such appointment 
owes a service commitment to the Department; and 
‘‘(2) may, upon satisfactory completion of two years of 
substantially continuous service by an incumbent who was 
appointed to an excepted service position under the authority 
of paragraph (1), convert the appointment of such individual, 
without competition, to a career or career conditional appoint-
ment.’’. 
(b) TECHNICAL AMENDMENT.—Subsection (a) of such section 
is amended by striking ‘‘subsection (g),’’ and inserting ‘‘subsection 
(f),’’. 
SEC. 1104. EXTENSION AND MODIFICATION OF EXPERIMENTAL PER-
SONNEL MANAGEMENT PROGRAM FOR SCIENTIFIC AND 
TECHNICAL PERSONNEL. 
(a) THREE-YEAR EXTENSION.—Subsection (e)(1) of section 1101 
of the Strom Thurmond National Defense Authorization Act for 
Fiscal Year 1999 (5 U.S.C. 3104 note) is amended by striking 
‘‘September 30, 2011’’ and inserting ‘‘September 30, 2014’’. 
(b) LIMITATIONS ON ADDITIONAL PAYMENTS.—Such section is 
further amended— 
(1) in subsection (b)(3), by striking ‘‘under subsection (d)(1)’’ 
and inserting ‘‘under subsection (d)’’; and 
(2) by striking subsection (d) and inserting the following: 
‘‘(d) LIMITATIONS
ON ADDITIONAL PAYMENTS.—(1) Subject to 
paragraph (3), the total amount of additional payments paid to 
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123 STAT. 2486 
PUBLIC LAW 111–84—OCT. 28, 2009 
an employee under subsection (b)(3) for any 12-month period may 
not exceed the lesser of the following amounts: 
‘‘(A) $50,000 in fiscal year 2010, which may be adjusted 
annually thereafter by the Secretary, with a percentage 
increase equal to one-half of 1 percentage point less than the 
percentage by which the Employment Cost Index, published 
quarterly by the Bureau of Labor Statistics, for the base quarter 
of the year before the preceding calendar year exceeds the 
Employment Cost Index for the base quarter of the second 
year before the preceding calendar year. 
‘‘(B) The amount equal to 50 percent of the employee’s 
annual rate of basic pay. 
‘‘(2) In paragraph (1), the term ‘base quarter’ has the meaning 
given that term in section 5302(3) of title 5, United States Code. 
‘‘(3) Notwithstanding any other provision of this section or 
section 5307 of title 5, United States Code, no additional payments 
may be paid to an employee under subsection (b)(3) in any calendar 
year if, or to the extent that, the employee’s total annual compensa-
tion in such calendar year will exceed the maximum amount of 
total annual compensation payable at the salary set in accordance 
with section 104 of title 3, United States Code. 
‘‘(4) An employee appointed under the program is not eligible 
for any bonus, monetary award, or other monetary incentive for 
service under the appointment other than payments authorized 
by this section.’’. 
(c) REPORTING REQUIREMENTS.—Paragraph (1) of subsection (g) 
of such section is amended to read as follows: 
‘‘(1)(A) Not later than December 31 of each year in which 
the authority under this section is in effect, the Secretary 
of Defense shall submit to the committees of Congress specified 
in subparagraph (B) a report on the operation of this section. 
Each report shall cover the fiscal year that most recently ended 
before such December 31. 
‘‘(B) The committees of Congress specified in this subpara-
graph are— 
‘‘(i) the Committee on Armed Services, the Committee 
on Homeland Security and Governmental Affairs, and the 
Committee on Appropriations of the Senate; and 
‘‘(ii) the Committee on Armed Services, the Committee 
on Oversight and Government Reform, and the Committee 
on Appropriations of the House of Representatives.’’. 
SEC. 1105. MODIFICATION TO DEPARTMENT OF DEFENSE LABORATORY 
PERSONNEL AUTHORITY. 
(a) DESIGNATION OF LABORATORIES.—Each of the following is 
hereby designated as a Department of Defense science and tech-
nology reinvention laboratory (as described in section 342(b) of 
the National Defense Authorization Act for Fiscal Year 1995 (Public 
Law 103–337; 108 Stat. 2721), as amended by section 1114 of 
the Floyd D. Spence National Defense Authorization Act for Fiscal 
Year 2001): 
(1) The Aviation and Missile Research Development and 
Engineering Center. 
(2) The Army Research Laboratory. 
(3) The Medical Research and Materiel Command. 
(4) The Engineer Research and Development Command. 
(5) The Communications-Electronics Command. 
10 USC 2358 
note. 
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123 STAT. 2487 
PUBLIC LAW 111–84—OCT. 28, 2009 
(6) The Soldier and Biological Chemical Command. 
(7) The Naval Sea Systems Command Centers. 
(8) The Naval Research Laboratory. 
(9) The Office of Naval Research. 
(10) The Air Force Research Laboratory. 
(11) The Tank and Automotive Research Development and 
Engineering Center. 
(12) 
The 
Armament 
Research 
Development 
and 
Engineering Center. 
(13) The Naval Air Warfare Center, Weapons Division. 
(14) The Naval Air Warfare Center, Aircraft Division. 
(15) The Space and Naval Warfare Systems Center, Pacific. 
(16) The Space and Naval Warfare Systems Center, 
Atlantic. 
(17) The laboratories within the Army Research Develop-
ment and Engineering Command. 
(b) CONVERSION PROCEDURES.—The Secretary of Defense shall 
implement procedures to convert the civilian personnel of each 
Department of Defense science and technology reinvention labora-
tory, as so designated by subsection (a), from the personnel system 
which applies as of the date of the enactment of this Act to the 
personnel system under an appropriate demonstration project (as 
referred to in such section 342(b)). Any conversion under this sub-
section— 
(1) shall not adversely affect any employee with respect 
to pay or any other term or condition of employment; 
(2) shall be consistent with section 4703(f) of title 5, United 
States Code; 
(3) shall be completed within 18 months after the date 
of the enactment of this Act; and 
(4) shall not apply to prevailing rate employees (as defined 
by section 5342(a)(2) of title 5, United States Code) or senior 
executives (as defined by section 3132(a)(3) of such title). 
(c) LIMITATION.—The science and technology reinvention labora-
tories, as so designated by subsection (a), may not implement any 
personnel system, other than a personnel system under an appro-
priate demonstration project (as referred to in such section 342(b)), 
without prior congressional authorization. 
SEC. 1106. ONE-YEAR EXTENSION OF AUTHORITY TO WAIVE ANNUAL 
LIMITATION ON PREMIUM PAY AND AGGREGATE LIMITA-
TION ON PAY FOR FEDERAL CIVILIAN EMPLOYEES 
WORKING OVERSEAS. 
(a) EXTENSION OF AUTHORITY.—Subsection (a) of section 1101 
of the Duncan Hunter National Defense Authorization Act for Fiscal 
Year 2009 (Public Law 110–417; 122 Stat. 4615) is amended by 
striking ‘‘calendar year 2009,’’ and inserting ‘‘calendar years 2009 
and 2010,’’. 
(b) RELATED PROVISION.—Subsection (b) of such section 1101 
is amended to read as follows:. 
‘‘(b) APPLICABILITY OF AGGREGATE LIMITATION ON PAY.— 
‘‘(1) IN GENERAL.—Section 5307 of title 5, United States 
Code, shall not apply to any employee in any calendar year 
in which that employee is granted a waiver under subsection 
(a). 
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123 STAT. 2488 
PUBLIC LAW 111–84—OCT. 28, 2009 
‘‘(2) OTHER LIMITATIONS.—In the case of any employees 
who (disregarding subparagraph (A)) would otherwise be sub-
ject to a limitation on premium pay similar to one set forth 
in section 5547 of title 5, United States Code (as determined 
by the head of the Executive agency in or under which such 
employees are employed)— 
‘‘(A) the agency head may waive that otherwise 
applicable limitation, to the same extent and in the same 
manner as would be allowable under subsection (a) if those 
employees were instead subject to such section 5547; and 
‘‘(B) if a waiver under subparagraph (A) is granted 
with respect to such employees, then, neither section 5307 
of title 5, United States Code, nor any other similar limita-
tion (as determined by the agency head) shall apply with 
respect to such employees for purposes of any calendar 
year for which such waiver is so granted.’’. 
SEC. 1107. EXTENSION OF CERTAIN BENEFITS TO FEDERAL CIVILIAN 
EMPLOYEES ON OFFICIAL DUTY IN PAKISTAN. 
Section 1603(a)(2) of the Emergency Supplemental Appropria-
tions Act for Defense, the Global War on Terror, and Hurricane 
Recovery, 2006 (Public Law 109-234; 120 Stat. 443), as amended 
by section 1102 of the Duncan Hunter National Defense Authoriza-
tion Act for Fiscal Year 2009 (Public Law 110-417; 122 Stat. 4616), 
is amended by inserting ‘‘Pakistan or’’ after ‘‘is on official duty 
in’’. 
SEC. 1108. REQUIREMENT FOR DEPARTMENT OF DEFENSE STRATEGIC 
WORKFORCE PLANS. 
(a) CODIFICATION OF REQUIREMENT FOR STRATEGIC WORKFORCE 
PLAN.— 
(1) IN GENERAL.—Chapter 2 of title 10, United States Code, 
is amended by adding after section 115a the following new 
section: 
‘‘§ 115b. Annual strategic workforce plan 
‘‘(a) ANNUAL PLAN REQUIRED.—(1) The Secretary of Defense 
shall submit to the congressional defense committees on an annual 
basis a strategic workforce plan to shape and improve the civilian 
employee workforce of the Department of Defense. 
‘‘(2) The Under Secretary of Defense for Personnel and Readi-
ness shall have overall responsibility for developing and imple-
menting the strategic workforce plan, in consultation with the 
Under Secretary of Defense for Acquisition, Technology, and Logis-
tics. 
‘‘(b) CONTENTS.—Each strategic workforce plan under sub-
section (a) shall include, at a minimum, the following: 
‘‘(1) An assessment of— 
‘‘(A) the critical skills and competencies that will be 
needed in the future within the civilian employee workforce 
by the Department of Defense to support national security 
requirements and effectively manage the Department 
during the seven-year period following the year in which 
the plan is submitted; 
‘‘(B) the appropriate mix of military, civilian, and con-
tractor personnel capabilities; 
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123 STAT. 2489 
PUBLIC LAW 111–84—OCT. 28, 2009 
‘‘(C) the critical skills and competencies of the existing 
civilian employee workforce of the Department and pro-
jected trends in that workforce based on expected losses 
due to retirement and other attrition; and 
‘‘(D) gaps in the existing or projected civilian employee 
workforce of the Department that should be addressed 
to ensure that the Department has continued access to 
the critical skills and competencies described in subpara-
graphs (A) and (C). 
‘‘(2) A plan of action for developing and reshaping the 
civilian employee workforce of the Department to address the 
gaps in critical skills and competencies identified under para-
graph (1)(D), including— 
‘‘(A) specific recruiting and retention goals, especially 
in areas identified as critical skills and competencies under 
paragraph (1), including the program objectives of the 
Department to be achieved through such goals and the 
funding needed to achieve such goals; 
‘‘(B) 
specific 
strategies 
for 
developing, 
training, 
deploying, compensating, and motivating the civilian 
employee workforce of the Department, including the pro-
gram objectives of the Department to be achieved through 
such strategies and the funding needed to implement such 
strategies; 
‘‘(C) any incentives necessary to attract or retain any 
civilian personnel possessing the skills and competencies 
identified under paragraph (1); 
‘‘(D) any changes in the number of personnel author-
ized in any category of personnel listed in subsection (f)(1) 
or in the acquisition workforce that may be needed to 
address such gaps and effectively meet the needs of the 
Department; 
‘‘(E) any changes in resources or in the rates or 
methods of pay for any category of personnel listed in 
subsection (f)(1) or in the acquisition workforce that may 
be needed to address inequities and ensure that the Depart-
ment has full access to appropriately qualified personnel 
to address such gaps and meet the needs of the Depart-
ment; and 
‘‘(F) any legislative changes that may be necessary 
to achieve the goals referred to in subparagraph (A). 
‘‘(3) An assessment, using results-oriented performance 
measures, of the progress of the Department in implementing 
the strategic workforce plan under this section during the pre-
vious year. 
‘‘(4) Any additional matters the Secretary of Defense con-
siders necessary to address. 
‘‘(c) SENIOR
MANAGEMENT, FUNCTIONAL, 
AND
TECHNICAL 
WORKFORCE.—(1) Each strategic workforce plan under subsection 
(a) shall include a separate chapter to specifically address the 
shaping and improvement of the senior management, functional, 
and technical workforce (including scientists and engineers) of the 
Department of Defense. 
‘‘(2) For purposes of paragraph (1), each plan shall include, 
with respect to such senior management, functional, and technical 
workforce— 
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123 STAT. 2490 
PUBLIC LAW 111–84—OCT. 28, 2009 
‘‘(A) an assessment of the matters set forth in subpara-
graphs (A) through (D) of subsection (b)(1); 
‘‘(B) a plan of action meeting the requirements set forth 
in subparagraphs (A) through (F) of subsection (b)(2); 
‘‘(C) specific strategies for developing, training, deploying, 
compensating, motivating, and designing career paths and 
career opportunities; and 
‘‘(D) specific steps that the Department has taken or plans 
to take to ensure that such workforce is managed in compliance 
with the requirements of section 129 of this title. 
‘‘(d) DEFENSE ACQUISITION WORKFORCE.—(1) Each strategic 
workforce plan under subsection (a) shall include a separate chapter 
to specifically address the shaping and improvement of the defense 
acquisition workforce, including both military and civilian per-
sonnel. 
‘‘(2) For purposes of paragraph (1), each plan shall include, 
with respect to the defense acquisition workforce— 
‘‘(A) an assessment of the matters set forth in subpara-
graphs (A) through (D) of subsection (b)(1); 
‘‘(B) a plan of action meeting the requirements set forth 
in subparagraphs (A) through (F) of subsection (b)(2); 
‘‘(C) specific steps that the Department has taken or plans 
to take to develop appropriate career paths for civilian 
employees in the acquisition field and to implement the require-
ments of section 1722a of this title with regard to members 
of the armed forces in the acquisition field; and 
‘‘(D) a plan for funding needed improvements in the acquisi-
tion workforce of the Department through the period of the 
future-years defense program, including— 
‘‘(i) the funding programmed for defense acquisition 
workforce improvements, including a specific identification 
of funding provided in the Department of Defense Acquisi-
tion Workforce Fund established under section 1705 of 
this title, along with a description of how such funding 
is being implemented and whether it is being fully used; 
and 
‘‘(ii) a description of any continuing shortfalls in 
funding available for the acquisition workforce. 
‘‘(e) SUBMITTALS BY SECRETARIES OF THE MILITARY DEPART-
MENTS
AND HEADS
OF
THE DEFENSE AGENCIES.—The Secretary 
of Defense shall require the Secretary of each military department 
and the head of each Defense Agency to submit a report to the 
Secretary addressing each of the matters described in this section. 
The Secretary of Defense shall establish a deadline for the submittal 
of reports under this subsection that enables the Secretary to con-
sider the material submitted in a timely manner and incorporate 
such material, as appropriate, into the strategic workforce plan 
required by this section. 
‘‘(f) DEFINITIONS.—In this section: 
‘‘(1) The term ‘senior management, functional, and technical 
workforce of the Department of Defense’ includes the following 
categories of Department of Defense civilian personnel: 
‘‘(A) Appointees in the Senior Executive Service under 
section 3131 of title 5. 
‘‘(B) Persons serving in positions described in section 
5376(a) of title 5. 
Deadline. 
Reports. 
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123 STAT. 2491 
PUBLIC LAW 111–84—OCT. 28, 2009 
‘‘(C) Highly qualified experts appointed pursuant to 
section 9903 of title 5. 
‘‘(D) Scientists and engineers appointed pursuant to 
section 342(b) of the National Defense Authorization Act 
for Fiscal Year 1995 (Public Law 103–337; 108 Stat. 2721), 
as amended by section 1114 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–315)). 
‘‘(E) Scientists and engineers appointed pursuant to 
section 1101 of the Strom Thurmond National Defense 
Authorization Act for Fiscal Year 1999 (5 U.S.C. 3104 
note). 
‘‘(F) Persons serving in the Defense Intelligence Senior 
Executive Service under section 1606 of this title. 
‘‘(G) Persons serving in Intelligence Senior Level posi-
tions under section 1607 of this title. 
‘‘(2) The term ‘acquisition workforce’ includes individuals 
designated under section 1721 as filling acquisition positions.’’. 
(2) CLERICAL AMENDMENT.—The table of sections at the 
beginning of chapter 2 of such title is amended by inserting 
after the item relating to section 115a the following new item: 
‘‘115b. Annual strategic workforce plan.’’. 
(b) COMPTROLLER GENERAL REPORTS.— 
(1) REPORT
ON
STRATEGIC
WORKFORCE
PLAN.—Not later 
than 180 days after the date on which the Secretary of Defense 
submits to the congressional defense committees an annual 
strategic workforce plan under section 115b of title 10, United 
States Code (as added by subsection (a)), in each of 2009, 
2010, 2011, and 2012, the Comptroller General of the United 
States shall submit to the congressional defense committees 
a report on the plan so submitted. 
(2) REPORT ON THE TRAINING OF ACQUISITION AND AUDIT 
PERSONNEL OF THE DEPARTMENT OF DEFENSE.—(A) Not later 
than one year after the date of the enactment of this Act, 
the Comptroller General of the United States shall submit 
to the congressional defense committees a report setting forth 
an assessment of the efficacy of Department of Defense training 
for acquisition and audit personnel of the Department of 
Defense. 
(B) The report required under subparagraph (A) shall 
address the efficacy of training, the extent to which such 
training reaches appropriate personnel, and the extent to which 
the training recommendations of previous reviews (including 
the recommendations of the Commission on Army Acquisition 
and Program Management in Expeditionary Operations) have 
been implemented. 
(c) CONFORMING
REPEALS.—The following provisions are 
repealed: 
(1) Section 1122 of the National Defense Authorization 
Act for Fiscal Year 2006 (Public Law 109–163; 119 Stat. 3452; 
10 U.S.C. note prec. 1580). 
(2) Section 1102 of the John Warner National Defense 
Authorization Act for Fiscal Year 2007 (Public Law 109–364; 
120 Stat. 2407). 
10 USC 1580 
note prec. 
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123 STAT. 2492 
PUBLIC LAW 111–84—OCT. 28, 2009 
(3) Section 851 of the National Defense Authorization Act 
for Fiscal Year 2008 (Public Law 110–181; 122 Stat. 247; 10 
U.S.C. note prec. 1580). 
SEC. 1109. ADJUSTMENTS TO LIMITATIONS ON PERSONNEL AND 
REQUIREMENT FOR ANNUAL MANPOWER REPORTING. 
(a) AMENDMENTS.—Section 1111 of the Duncan Hunter National 
Defense Authorization Act for Fiscal Year 2009 (Public Law 110– 
417; 122 Stat. 4619) is amended— 
(1) in subsection (b), by striking ‘‘for four’’; 
(2) in paragraph (1) of subsection (b), by striking ‘‘require-
ments of—’’ and all that follows through the end of subpara-
graph (C) and inserting ‘‘the requirements of section 115b of 
this title; or’’; 
(3) in paragraph (2) of subsection (b), by striking ‘‘purpose 
described in paragraphs (1) through (4) of subsection (c).’’ and 
inserting the following: 
‘‘any of the following purposes: 
‘‘(A) Performance of inherently governmental functions. 
‘‘(B) Performance of work pursuant to section 2463 
of title 10, United States Code. 
‘‘(C) Ability to maintain sufficient organic expertise 
and technical capability. 
‘‘(D) Performance of work that, while the position may 
not exercise an inherently governmental function, neverthe-
less should be performed only by officers or employees 
of the Federal Government or members of the Armed Forces 
because of the critical nature of the work.’’; and 
(4) by striking subsections (c) and (d). 
(b) CONSOLIDATED ANNUAL REPORT.— 
(1) INCLUSION IN ANNUAL DEFENSE MANPOWER REQUIRE-
MENTS REPORT.—Section 115a of title 10, United States Code, 
is amended by inserting after subsection (e) the following new 
subsection: 
‘‘(f) The Secretary shall also include in each such report the 
following information with respect to personnel assigned to or sup-
porting major Department of Defense headquarters activities: 
‘‘(1) The military end strength and civilian full-time equiva-
lents assigned to major Department of Defense headquarters 
activities for the preceding fiscal year and estimates of such 
numbers for the current fiscal year and subsequent fiscal years. 
‘‘(2) A summary of the replacement during the preceding 
fiscal year of contract workyears providing support to major 
Department of Defense headquarters activities with military 
end strength or civilian full-time equivalents, including an esti-
mate of the number of contract workyears associated with 
the replacement of contracts performing inherently govern-
mental or exempt functions. 
‘‘(3) The plan for the continued review of contract personnel 
supporting major Department of Defense headquarters activi-
ties for possible conversion to military or civilian performance 
in accordance with section 2463 of this title. 
‘‘(4) The amount of any adjustment in the limitation on 
personnel made by the Secretary of Defense or the Secretary 
of a military department, and, for each adjustment made pursu-
ant to section 1111(b)(2) of the Duncan Hunter National 
10 USC 143 note. 
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123 STAT. 2493 
PUBLIC LAW 111–84—OCT. 28, 2009 
Defense Authorization Act for Fiscal Year 2009 (10 U.S.C. 
143 note), the purpose of the adjustment.’’. 
(2) TECHNICAL
AMENDMENTS
TO
REFLECT
NAME
OF 
REPORT.— 
(A) Subsection (a) of section 115a of such title is 
amended by inserting ‘‘defense’’ before ‘‘manpower require-
ments report.’’. 
(B)(i) The heading of such section is amended to read 
as follows: 
‘‘§ 115a. Annual defense manpower requirements report’’. 
(ii) The item relating to such section in the table 
of sections at the beginning of chapter 2 of such title 
is amended to read as follows: 
‘‘115a. Annual defense manpower requirements report.’’. 
(3) CONFORMING REPEAL.—Subsections (b) and (c) of section 
901 of the National Defense Authorization Act for Fiscal Year 
2008 (Public Law 110–181; 122 Stat. 272; 10 U.S.C. 221 note) 
are repealed. 
SEC. 1110. PILOT PROGRAM FOR THE TEMPORARY EXCHANGE OF 
INFORMATION TECHNOLOGY PERSONNEL. 
(a) ASSIGNMENT AUTHORITY.—The Secretary of Defense may, 
with the agreement of the private sector organization concerned, 
arrange for the temporary assignment of an employee to such 
private sector organization, or from such private sector organization 
to a Department of Defense organization under this section. An 
employee shall be eligible for such an assignment only if— 
(1) the employee— 
(A) works in the field of information technology 
management; 
(B) is considered by the Secretary of Defense to be 
an exceptional employee; 
(C) is expected to assume increased information tech-
nology management responsibilities in the future; and 
(D) is compensated at not less than the GS–11 level 
(or the equivalent); and 
(2) the proposed assignment meets applicable requirements 
of section 209(b) of the E-Government Act of 2002 (44 U.S.C. 
3501 note). 
(b) AGREEMENTS.—The Secretary of Defense shall provide for 
a written agreement among the Department of Defense, the private 
sector organization, and the employee concerned regarding the 
terms and conditions of the employee’s assignment under this sec-
tion. The agreement— 
(1) shall require that employees of the Department of 
Defense, upon completion of the assignment, will serve in the 
civil service for a period equal to the length of the assignment; 
and 
(2) shall provide that if the employee of the Department 
of Defense or of the private sector organization (as the case 
may be) fails to carry out the agreement, such employee shall 
be liable to the United States for payment of all expenses 
of the assignment, unless that failure was for good and suffi-
cient reason, as determined by the Secretary of Defense. 
5 USC 3702 note. 
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123 STAT. 2494 
PUBLIC LAW 111–84—OCT. 28, 2009 
An amount for which an employee is liable under paragraph (2) 
shall be treated as a debt due the United States. 
(c) TERMINATION.—An assignment under this section may, at 
any time and for any reason, be terminated by the Department 
of Defense or the private sector organization concerned. 
(d) DURATION.—An assignment under this section shall be for 
a period of not less than 3 months and not more than 1 year, 
and may be extended in 3-month increments for a total of not 
more than 1 additional year; however, no assignment under this 
section may commence after September 30, 2013. 
(e) TERMS AND CONDITIONS FOR PRIVATE SECTOR EMPLOYEES.— 
An employee of a private sector organization who is assigned to 
a Department of Defense organization under this section— 
(1) may continue to receive pay and benefits from the 
private sector organization from which such employee is 
assigned; 
(2) is deemed to be an employee of the Department of 
Defense for the purposes of— 
(A) chapter 73 of title 5, United States Code; 
(B) sections 201, 203, 205, 207, 208, 209, 603, 606, 
607, 643, 654, 1905, and 1913 of title 18, United States 
Code; 
(C) sections 1343, 1344, and 1349(b) of title 31, United 
States Code; 
(D) the Federal Tort Claims Act and any other Federal 
tort liability statute; 
(E) the Ethics in Government Act of 1978; 
(F) section 1043 of the Internal Revenue Code of 1986; 
and 
(G) section 27 of the Office of Federal Procurement 
Policy Act; and 
(3) may not have access to any trade secrets or to any 
other nonpublic information which is of commercial value to 
the private sector organization from which such employee is 
assigned. 
(f) PROHIBITION AGAINST CHARGING CERTAIN COSTS
TO
THE 
FEDERAL GOVERNMENT.—A private sector organization may not 
charge the Department of Defense or any other agency of the 
Federal Government, as direct or indirect costs under a Federal 
contract, the costs of pay or benefits paid by the organization 
to an employee assigned to a Department of Defense organization 
under this section for the period of the assignment. 
(g) CONSIDERATIONS.—In carrying out this section, the Sec-
retary of Defense— 
(1) shall ensure that, of the assignments made under this 
section each year, at least 20 percent are from small business 
concerns (as defined by section 3703(e)(2)(A) of title 5, United 
States Code); and 
(2) shall take into consideration the question of how assign-
ments under this section might best be used to help meet 
the needs of the Department of Defense with respect to the 
training of employees in information technology management. 
(h) NUMERICAL LIMITATION.—In no event may more than 10 
employees be participating in assignments under this section at 
any given time. 
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123 STAT. 2495 
PUBLIC LAW 111–84—OCT. 28, 2009 
(i) REPORTING REQUIREMENT.—For each of fiscal years 2010 
through 2015, the Secretary of Defense shall submit to the congres-
sional defense committees, not later than 1 month after the end 
of the fiscal year involved, a report on any activities carried out 
under this section during such fiscal year, including information 
concerning— 
(1) the respective organizations (as referred to in subsection 
(a)) to and from which any employee was assigned under this 
section; 
(2) the positions those employees held while they were 
so assigned; 
(3) a description of the tasks they performed while they 
were so assigned; and 
(4) a discussion of any actions that might be taken to 
improve the effectiveness of the program under this section, 
including any proposed changes in law. 
(j) REPEAL
OF SUPERSEDED SECTION.—Section 1109 of the 
National Defense Authorization Act for Fiscal Year 2008 (Public 
Law 110-181; 122 Stat. 358) is repealed, except that— 
(1) nothing in this subsection shall, in the case of any 
assignment commencing under such section 1109 on or before 
the date of the enactment of this Act, affect— 
(A) the duration of such assignment or the authority 
to extend such assignment in accordance with subsection 
(d) of such section 1109, as last in effect; or 
(B) the terms or conditions of the agreement governing 
such assignment, including with respect to any service 
obligation under subsection (b) thereof; and 
(2) any employee whose assignment is allowed to continue 
by virtue of paragraph (1) shall be taken into account for 
purposes of— 
(A) the numerical limitation under subsection (h); and 
(B) the reporting requirement under subsection (i). 
SEC. 1111. AVAILABILITY OF FUNDS FOR COMPENSATION OF CERTAIN 
CIVILIAN 
EMPLOYEES 
OF 
THE 
DEPARTMENT 
OF 
DEFENSE. 
(a) AVAILABILITY OF FUNDS.—Funds authorized to be appro-
priated for the Department of Defense that are available for the 
purchase of contract services to meet a requirement that is antici-
pated to continue for five years or more shall be available to 
provide compensation for civilian employees of the Department 
to meet the same requirement. 
(b) REGULATIONS.—Not later than 120 days after the date of 
the enactment of this Act, the Secretary shall prescribe regulations 
implementing the authority in subsection (a). Such regulations— 
(1) shall ensure that the authority in subsection (a) is 
utilized to build government capabilities that are needed to 
perform inherently governmental functions, functions closely 
associated with inherently governmental functions, and other 
critical functions; 
(2) shall include a mechanism to ensure that follow-on 
funding to provide compensation for civilian employees of the 
Department to perform functions described in paragraph (1) 
is provided from appropriate accounts; and 
(3) may establish additional criteria and levels of approval 
within the Department for the utilization of funds to provide 
Deadline. 
10 USC 1580 
note prec. 
5 USC 3702 note. 
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123 STAT. 2496 
PUBLIC LAW 111–84—OCT. 28, 2009 
compensation for civilian employees of the Department pursu-
ant to subsection (a). 
(c) ANNUAL REPORT.—Not later than 60 days after the end 
of each fiscal year for which the authority in subsection (a) is 
in effect, the Secretary shall submit to the congressional defense 
committees a report on the use of such authority. Each report 
shall cover the preceding fiscal year and shall identify, at a min-
imum, the following: 
(1) The amount of funds used under the authority in sub-
section (a) to provide compensation for civilian employees. 
(2) The source or sources of the funds so used. 
(3) The number of civilian employees employed through 
the use of such funds. 
(4) The actions taken by the Secretary to ensure that 
follow-on funding for such civilian employees is provided 
through appropriate accounts. 
(d) TEMPORARY AUTHORITY.—The authority in subsection (a) 
shall apply to funds authorized to be appropriated for the Depart-
ment of Defense for fiscal years 2010 through 2019. 
SEC. 1112. DEPARTMENT OF DEFENSE CIVILIAN LEADERSHIP PRO-
GRAM. 
(a) LEADERSHIP PROGRAM REQUIRED.— 
(1) IN GENERAL.—Not later than 180 days after the date 
of the enactment of this Act, the Secretary of Defense shall 
establish a program of leadership recruitment and development 
for civilian employees of the Department of Defense, to be 
known as the ‘‘Department of Defense Civilian Leadership Pro-
gram’’ (in this section referred to as the ‘‘program’’). 
(2) OBJECTIVES.—The objectives of the program shall be 
as follows: 
(A) To develop a new generation of civilian leaders 
for the Department of Defense. 
(B) To recruit individuals with the academic merit, 
work experience, and demonstrated leadership skills to 
meet the future needs of the Department. 
(C) To offer rapid advancement, competitive compensa-
tion, and leadership opportunities to highly qualified 
civilian employees of the Department. 
(3) AVAILABLE AUTHORITIES.—In carrying out the program, 
the Secretary may exercise any authority available to the Office 
of Personnel Management under section 4703 of title 5, United 
States Code, except that the Secretary shall not be bound 
by the limitations in subsection (d) of such section. Nothing 
in this section shall be construed to authorize the waiver of 
any part of chapter 71 of title 5, United States Code, or any 
regulation implementing such chapter, in the carrying out of 
the program. 
(b) ELIGIBLE INDIVIDUALS.— 
(1) IN GENERAL.—The following individuals shall be eligible 
to participate in the program: 
(A) Current employees of the Department of Defense. 
(B) Appropriate individuals in the private sector. 
(2) LIMITATION ON NUMBER OF PARTICIPANTS IN PROGRAM.— 
The total number of individuals who may participate in the 
program in any fiscal year may not exceed 5,000. 
Deadline. 
10 USC 1580 
note prec. 
Applicability. 
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123 STAT. 2497 
PUBLIC LAW 111–84—OCT. 28, 2009 
(3) LIMITATION ON PERIOD OF PARTICIPATION IN PROGRAM.— 
The maximum period of time that an individual may participate 
in the program is three years. 
(c) ELEMENTS OF PROGRAM.— 
(1) COMPETITIVE ENTRY.—The selection of individuals for 
entry into the program shall be made on the basis of a competi-
tion conducted at least twice each year. In each competition, 
participants in the program shall be selected from among 
applicants determined by the Secretary to be the most highly 
qualified in terms of academic merit, work experience, and 
demonstrated leadership skills. Each competition shall provide 
for entry-level participants and midcareer participants in the 
program. 
(2) ALLOCATION OF POSITIONS.—The Secretary shall allocate 
positions in the program among the components of the Depart-
ment of Defense that— 
(A) offer the most challenging assignments; 
(B) provide the greatest level of responsibility; and 
(C) demonstrate the greatest need for participants in 
the program. 
(3) ASSIGNMENTS TO POSITIONS.—Participants in the pro-
gram shall be assigned to components of the Department that 
best match their skills and qualifications. Participants in the 
program may be rotated among components of the Department 
of Defense at the discretion of the Secretary. 
(4) INITIAL
COMPENSATION.—The initial compensation of 
participants in the program shall be determined by the Sec-
retary based on the qualifications of such participants and 
applicable market conditions. 
(5) EDUCATION AND TRAINING.—The Secretary shall provide 
participants in the program with training, mentoring, and edu-
cational opportunities that are appropriate to facilitate the 
development of such participants into effective civilian leaders 
for the Department of Defense. 
(6) OBJECTIVE, MERIT-BASED
PRINCIPLES
FOR
PERSONNEL 
DECISIONS.—The Secretary shall make personnel decisions 
under the program in accordance with such objective, merit- 
based criteria as the Secretary shall prescribe in regulations 
for purposes of the program. Such criteria shall include, but 
not be limited to, criteria applicable to the following: 
(A) The selection of individuals for entry into the pro-
gram. 
(B) The assignment of participants in the program 
to positions in the Department of Defense. 
(C) The initial compensation of participants in the 
program. 
(D) The access of participants in the program to 
training, mentoring, and educational opportunities under 
the program. 
(E) The consideration of participants in the program 
for selection into the senior management, functional, and 
technical workforce of the Department. 
(7) CONSIDERATION FOR SENIOR MANAGEMENT, FUNCTIONAL, 
AND TECHNICAL WORKFORCE.—Any participant in the program 
who, as determined by the Secretary, demonstrates outstanding 
performance shall be afforded priority in consideration for selec-
tion into the appropriate element of the senior management, 
Determination. 
Regulations. 
Determination. 
Determination. 
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123 STAT. 2498 
PUBLIC LAW 111–84—OCT. 28, 2009 
functional, and technical workforce of the Department of 
Defense (as defined in section 115b(f) of title 10, United States 
Code). 
SEC. 1113. PROVISIONS RELATING TO THE NATIONAL SECURITY PER-
SONNEL SYSTEM. 
(a) DEFINITIONS.—For purposes of this section— 
(1) the term ‘‘National Security Personnel System’’ or 
‘‘NSPS’’ refers to a human resources management system estab-
lished under authority of section 9902 of title 5, United States 
Code (as in effect before the date of the enactment of this 
Act); and 
(2) the term ‘‘statutory pay system’’ means a pay system 
under— 
(A) subchapter III of chapter 53 of title 5, United 
States Code (relating to General Schedule pay rates); or 
(B) such other provisions of law as would apply if 
section 9902 of title 5, United States Code, had never 
been enacted. 
(b) REPEAL OF PROVISIONS RELATING TO NSPS.— 
(1) IN GENERAL.—Section 9902 of title 5, United States 
Code, is amended— 
(A) by striking subsections (a), (b), (c), (d), (e), (i) and 
(j); and 
(B) by redesignating subsections (f) through (h) as sub-
sections (e) through (g), respectively. 
(2) EXPANSION
PROHIBITED.—The National Security Per-
sonnel System may not be extended to any organizational or 
functional unit of the Department of Defense (or any component 
thereof) not included in such System as of March 1, 2009. 
(3) CURRENT RULES INVALID.—Any regulations in effect as 
of the day before the date of the enactment of this Act which 
were issued pursuant to any provision of law repealed by para-
graph (1)(A)— 
(A) may not be modified on or after the date of the 
enactment of this Act, except as necessary to implement 
this Act; and 
(B) shall cease to be effective as of January 1, 2012. 
(c) TERMINATION OF NSPS AND CONVERSION OF EMPLOYEES 
AND POSITIONS.— 
(1) IN GENERAL.—The Secretary of Defense shall take all 
actions which may be necessary to provide, beginning no later 
than 6 months after the date of enactment of this Act, for 
the orderly termination of the National Security Personnel 
System and conversion of all employees and positions from 
such System, by not later than January 1, 2012, to— 
(A) the statutory pay system and all other aspects 
of the personnel system that last applied 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, and, for purposes of carrying out 
such preceding sentence, any determination of the system that 
Deadlines. 
Termination 
date. 
Effective date. 
5 USC 9902 note. 
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123 STAT. 2499 
PUBLIC LAW 111–84—OCT. 28, 2009 
last applied (or that would have applied) with respect to an 
employee or position shall take into account any modifications 
to such system pursuant to the provisions of subsections (a) 
and (b) of section 9902 of title 5, United States Code, as 
amended by subsection (d). 
(2) TRANSITION PERIOD APPOINTMENTS.—To the extent prac-
ticable, any individual who, during the NSPS transition period, 
is appointed to any position within the Department of Defense 
which is subject to the NSPS shall be subject to the statutory 
pay system and all other aspects of the personnel system to 
which such individual or position is to be converted in accord-
ance with the requirements of paragraph (1). 
(3) TEMPORARY CONTINUATION OF NSPS.—Notwithstanding 
any other provision of this section, the National Security Per-
sonnel System, as in effect on the day before the date of 
the enactment of this Act, shall continue to apply with respect 
to any employees and positions remaining subject to the NSPS, 
in accordance with paragraph (1), during the NSPS transition 
period. 
(4) RESTORATION OF FULL ANNUAL PAY ADJUSTMENTS UNDER 
NSPS PENDING ITS TERMINATION.—Notwithstanding subsection 
(b)(1)(A), section 9902(e)(7) of title 5, United States Code, to 
the extent that it remains in force under paragraph (3), shall 
be applied by substituting ‘‘100 percent’’ for ‘‘no less than 60 
percent’’. 
(5) NSPS TRANSITION PERIOD DEFINED.—For purposes of 
this subsection, the term ‘‘NSPS transition period’’ means the 
period beginning on the date of the enactment of this Act 
and ending on January 1, 2012. 
(d) AUTHORITY RELATING TO PERFORMANCE MANAGEMENT AND 
WORKFORCE INCENTIVES, HIRING FLEXIBILITIES, AND TRAINING OF 
SUPERVISORS.—Section 9902 of title 5, United States Code, as 
amended by subsection (b)(1), is further amended by inserting before 
subsection (e) (as so redesignated by subsection (b)(1)(B)) the fol-
lowing: 
‘‘(a) PERFORMANCE
MANAGEMENT
AND
WORKFORCE
INCEN-
TIVES.—(1) The Secretary, in coordination with the Director, shall 
promulgate regulations providing for the following: 
‘‘(A) A fair, credible, and transparent performance appraisal 
system for employees. 
‘‘(B) A fair, credible, and transparent system for linking 
employee bonuses and other performance-based actions to 
performance appraisals of employees. 
‘‘(C) A process for ensuring ongoing performance feedback 
and dialogue among supervisors, managers, and employees 
throughout the appraisal period and setting timetables for 
review. 
‘‘(D) Development of ‘performance assistance plans’ that 
are designed to give employees formal training, on-the-job 
training, counseling, mentoring, and other assistance. 
‘‘(2) In developing the regulations required by this subsection, 
the Secretary, in coordination with the Director, may waive the 
requirements of chapters 43 (other than sections 4302 and 4303(e)) 
and the regulations implementing such chapters, to the extent 
necessary to achieve the objectives of this subsection. 
Waiver authority. 
Regulations. 
Applicability. 
Applicability. 
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PUBLIC LAW 111–84—OCT. 28, 2009 
‘‘(3)(A) The Secretary may establish a fund, to be known as 
the ‘Department of Defense Civilian Workforce Incentive Fund’ 
(in this paragraph referred to as the ‘Fund’). 
‘‘(B) The Fund shall consist of the following: 
‘‘(i) Amounts appropriated to the Fund. 
‘‘(ii) Amounts available for compensation of employees that 
are transferred to the Fund. 
‘‘(C) Amounts in the Fund shall be available for the following: 
‘‘(i) Incentive payments for employees based on team or 
individual performance (which payments shall be in addition 
to basic pay). 
‘‘(ii) Incentive payments to attract or retain employees with 
particular or superior qualifications or abilities. 
‘‘(D) The authority provided in this paragraph is in addition 
to, and does not supersede or replace, any authority or source 
of funding otherwise available to the Secretary to pay bonuses 
or make incentive payments to civilian employees of the Depart-
ment. 
‘‘(4)(A) Any action taken by the Secretary under this subsection, 
or to implement this subsection, shall be subject to the requirements 
of subsection (c) and chapter 71. 
‘‘(B) Any rules or regulations promulgated pursuant to this 
subsection shall be deemed an agency rule or regulation under 
section 7117(a)(2), and shall not be deemed a Government-wide 
rule or regulation under section 7117(a)(1). 
‘‘(b) FLEXIBILITIES RELATING TO APPOINTMENTS.—(1) The Sec-
retary, in coordination with the Director, shall promulgate regula-
tions to redesign the procedures which are applied by the Depart-
ment of Defense in making appointments to positions within the 
competitive service in order to— 
‘‘(A) better meet mission needs; 
‘‘(B) respond to managers’ needs and the needs of 
applicants; 
‘‘(C) produce high-quality applicants; 
‘‘(D) support timely decisions; 
‘‘(E) uphold appointments based on merit system principles; 
and 
‘‘(F) promote competitive job offers. 
‘‘(2) In redesigning the process by which such appointments 
shall be made, the Secretary, in coordination with the Director, 
may waive the requirements of chapter 33, and the regulations 
implementing such chapter, to the extent necessary to achieve 
the objectives of this section, while providing for the following: 
‘‘(A) Fair, credible, and transparent methods of establishing 
qualification requirements for, recruitment for, and appoint-
ments to positions. 
‘‘(B) Fair and open competition and equitable treatment 
in the consideration and selection of individuals to positions. 
‘‘(C) Fair, credible, and transparent methods of assigning, 
reassigning, detailing, transferring, or promoting employees. 
‘‘(3) In implementing this subsection, the Secretary shall comply 
with the provisions of section 2302(b)(11), regarding veterans’ pref-
erence requirements, in a manner consistent with that in which 
such provisions are applied under chapter 33. 
‘‘(4)(A) Any action taken by the Secretary under this subsection, 
or to implement this subsection, shall be subject to the requirements 
of subsection (c) and chapter 71. 
Waiver authority. 
Regulations. 
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123 STAT. 2501 
PUBLIC LAW 111–84—OCT. 28, 2009 
‘‘(B) Any rules or regulations promulgated pursuant to this 
section shall be deemed an agency rule or regulation under section 
7117(a)(2), and shall not be deemed a Government-wide rule or 
regulation under section 7117(a)(1). 
‘‘(c) CRITERIA
FOR USE
OF NEW PERSONNEL AUTHORITIES.— 
In establishing any new performance management and workforce 
incentive system under subsection (a) or utilizing appointment flexi-
bilities under subsection (b), the Secretary shall— 
‘‘(1) adhere to merit principles set forth in section 2301; 
‘‘(2) include a means for ensuring employee involvement 
(for bargaining unit employees, through their exclusive rep-
resentatives) in the design and implementation of such system; 
‘‘(3) provide for adequate training and retraining for super-
visors, managers, and employees in the implementation and 
operation of such system; 
‘‘(4) develop— 
‘‘(A) a comprehensive management succession program 
to provide training to employees to develop managers for 
the agency; and 
‘‘(B) a program to provide training to supervisors on 
actions, options, and strategies a supervisor may use in 
administering such system; 
‘‘(5) include effective transparency and accountability meas-
ures and safeguards to ensure that the management of such 
system is fair, credible, and equitable, including appropriate 
independent reasonableness reviews, internal assessments, and 
employee surveys; 
‘‘(6) utilize the annual strategic workforce plan, required 
by section 115b of title 10; and 
‘‘(7) ensure that adequate agency resources are allocated 
for the design, implementation, and administration of such 
system. 
‘‘(d) DEVELOPMENT OF TRAINING PROGRAM FOR SUPERVISORS.— 
(1) The Secretary shall develop— 
‘‘(A) a program to provide training to supervisors on use 
of the new authorities provided in this section, including the 
actions, options, and strategies a supervisor may use in— 
‘‘(i) developing and discussing relevant goals and objec-
tives with the employee, communicating and discussing 
progress relative to performance goals and objectives, and 
conducting performance appraisals; 
‘‘(ii) 
mentoring 
and 
motivating 
employees, 
and 
improving employee performance and productivity; 
‘‘(iii) fostering a work environment characterized by 
fairness, respect, equal opportunity, and attention to the 
quality of the work of employees; 
‘‘(iv) effectively managing employees with unacceptable 
performance; 
‘‘(v) addressing reports of a hostile work environment, 
reprisal, or harassment of or by another supervisor or 
employee; and 
‘‘(vi) otherwise carrying out the duties and responsibil-
ities of a supervisor; 
‘‘(B) a program to provide training to supervisors on the 
prohibited personnel practices under section 2302 (particularly 
with respect to such practices described under subsections (b)(1) 
and (b)(8) of such section), employee collective bargaining and 
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123 STAT. 2502 
PUBLIC LAW 111–84—OCT. 28, 2009 
union participation rights, and the procedures and processes 
used to enforce employee rights; and 
‘‘(C) a program under which experienced supervisors 
mentor new supervisors by— 
‘‘(i) sharing knowledge and advice in areas such as 
communication, critical thinking, responsibility, flexibility, 
motivating employees, teamwork, leadership, and profes-
sional development; and 
‘‘(ii) pointing out strengths and areas for development. 
‘‘(2) Each supervisor shall be required to complete a program 
at least once every 3 years.’’. 
(e) REPORTS.—The Secretary of Defense shall provide a report 
to the covered committees (as defined by subsection (g)(6))— 
(1) no later than 6 months after the date of enactment 
of this Act, on the initial steps being taken to reclassify posi-
tions from the NSPS and the initial conversion plan to begin 
converting employees from the NSPS, which information shall 
be supplemented by reports describing the progress of the 
conversion process which shall be submitted to the same 
committees on a semiannual basis; 
(2) no later than 12 months after date of enactment, a 
plan for the personnel management system as authorized by 
section 9902(a) of title 5, United States Code, as amended 
by this section, which plan shall not take effect until 90 days 
after the submission of the plan to Congress; and 
(3) no later than 12 months after date of enactment, a 
plan for the appointment procedures as authorized by section 
9902(b) of title 5, United States Code, as amended by this 
section. 
(f) CLERICAL AMENDMENTS.— 
(1) The heading of section 9902 of title 5, United States 
Code, is amended to read as follows: 
‘‘§ 9902. Department of Defense personnel authorities’’. 
(2) The table of sections at the beginning of chapter 99 
of such title is amended by striking the item relating to section 
9902 and inserting the following: 
‘‘9902. Department of Defense personnel authorities.’’. 
(g) OTHER PERSONNEL FLEXIBILITIES.— 
(1) IN GENERAL.—If the Secretary of Defense determines 
that it would be in the best interest of the Department of 
Defense to implement personnel flexibilities in addition to those 
authorized under section 9902 of title 5, as amended by this 
section, the Secretary, in coordination with the Director of 
the Office of Personnel Management, may develop and submit 
to the covered committees, not later than 6 months after the 
date of the enactment of this Act, a proposal to implement— 
(A) additional personnel flexibilities and associated 
statutory waivers with respect to the application of the 
General Schedule (as defined in section 5332 of title 5, 
United States Code); or 
(B) additional personnel flexibilities and associated 
statutory waivers, which would require exemption from 
the application of the General Schedule (as so defined). 
(2) RATIONALE.—If the Secretary’s proposal is to implement 
authorities described in paragraph (1)(B), the Secretary shall 
Determination. 
Deadline. 
Proposal. 
Effective date. 
Plans. 
Deadline. 
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123 STAT. 2503 
PUBLIC LAW 111–84—OCT. 28, 2009 
provide a detailed rationale as to why implementation of 
authorities described in paragraph (1)(A) are not adequate or 
appropriate to meet the interests of the Department. 
(3) REQUIREMENTS.—The Secretary’s proposal (whether as 
described in paragraph (1)(A) or (1)(B))— 
(A) shall be developed in a manner consistent with 
the requirements of subsections (c) and (d) of section 9902 
of title 5, United States Code, as amended by this section; 
(B) shall include a description of proposed regulations 
and implementing rules that the Secretary plans to adopt 
for the proposed system; 
(C) shall identify and provide a rationale for any statu-
tory waiver that would be required to implement the pro-
posed system; 
(D) shall describe the steps that the Department would 
take to avoid problems of the type described in the report 
of the Defense Business Board, dated August 2009, 
regarding the National Security Personnel System; and 
(E) may not provide for the waiver of any provision 
of law that cannot be waived under paragraph (3) of section 
9902(b) of title 5, United States Code (as in effect on 
the day before the date of the enactment of this Act), 
and shall be subject to the requirements in paragraphs 
(4) and (5) of such section (as then in effect). 
(4) CONGRESSIONAL
APPROVAL
REQUIRED.—If Congress 
approves the Secretary’s proposal in the National Defense 
Authorization Act for Fiscal Year 2011, the Secretary may 
implement the proposal (subject to any changes required by 
law) and begin the implementation of such proposal for per-
sonnel included in the National Security Personnel System, 
in lieu of the transition that would otherwise be required by 
subsection (b), subject to paragraph (5). 
(5) RESTRICTIONS.—Notwithstanding any approval under 
paragraph (4), the provisions of subsection (b)(2) and (c)(4) 
shall apply with respect to any proposal approved under such 
paragraph, unless and until modified or repealed in legislation 
enacted after the date of the enactment of this Act. 
(6) DEFINITIONS.—For purposes of this subsection, the term 
‘‘covered committees’’ means— 
(A) the Committees on Armed Services of the Senate 
and the House of Representatives; 
(B) the Committee on Homeland Security and Govern-
mental Affairs of the Senate; and 
(C) the Committee on Oversight and Government 
Reform of the House of Representatives. 
(h) MODIFICATION
OF
IMPLEMENTATION
AUTHORITIES
AND 
LIMITATIONS.—Section 1106 of the National Defense Authorization 
Act for Fiscal Year 2008 (Public Law 110-181; 122 Stat. 349) is 
amended— 
(1) by striking subsection (b); 
(2) by redesignating subsection (c) as subsection (b); and 
(3) in subsection (b) (as so redesignated by paragraph (2))— 
(A) by striking paragraph (1) and inserting the fol-
lowing: 
‘‘(1) The Comptroller General shall conduct a review, in 
each of calendar years 2010, 2011, and 2012, of— 
Review. 
Deadlines. 
5 USC 9902 note. 
Applicability. 
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123 STAT. 2504 
PUBLIC LAW 111–84—OCT. 28, 2009 
‘‘(A) employee satisfaction with any processes estab-
lished pursuant to regulations promulgated by the Sec-
retary of Defense pursuant to section 9902 of title 5, United 
States Code (as amended by section 1113 of the National 
Defense Authorization Act for Fiscal Year 2011; and 
‘‘(B) the extent to which any processes so established 
are fair, credible, and transparent, as required by such 
section 9902 (as so amended).’’; and 
(B) in paragraph (2), by striking ‘‘the National Security 
Personnel System’’ and inserting ‘‘any processes established 
pursuant to such regulations’’. 
SEC. 1114. PROVISIONS RELATING TO THE DEFENSE CIVILIAN INTEL-
LIGENCE PERSONNEL SYSTEM. 
(a) SUSPENSION OF CERTAIN PAY AUTHORITY.—Effective with 
respect to amounts paid during the period beginning on the date 
of the enactment of this Act and ending on December 31, 2010, 
rates of basic pay for employees and positions within any element 
of the intelligence community (as defined by the National Security 
Act of 1947)— 
(1) may not be fixed under the Defense Civilian Intelligence 
Personnel System; and 
(2) shall instead be fixed in accordance with the provisions 
of law that (disregarding DCIPS) would then otherwise apply. 
The preceding sentence shall not apply with respect to the National 
Geospatial-Intelligence Agency. 
(b) RESPONSE TO GAO REPORT.—Not later than 3 months after 
the date of the enactment of this Act, the Secretary of Defense 
shall submit to the congressional oversight committees a written 
description of any actions taken or proposed to be taken by such 
Secretary in response to the review and recommendations of the 
Government Accountability Office regarding the Defense Civilian 
Intelligence Personnel System. 
(c) INDEPENDENT ORGANIZATION.— 
(1) IN GENERAL.—Not later than 30 days after the date 
of the enactment of this Act, the Secretary of Defense, the 
Director of the Office of Personnel Management, and the 
Director of National Intelligence shall jointly designate an inde-
pendent organization to review the operation of the Defense 
Civilian Intelligence Personnel System, including— 
(A) its impact on career progression; 
(B) its appropriateness or inappropriateness in light 
of the complexities of the workforce affected; 
(C) its sufficiency in terms of providing protections 
for diversity in promotion and retention of personnel; and 
(D) the adequacy of the training, policy guidelines, 
and other preparations afforded in connection with 
transitioning to that system. 
(2) DEADLINE.—The independent organization shall, after 
appropriate 
consultation 
with 
employees 
and 
employee 
organizations, submit its findings and recommendations under 
this section to the Secretary of Defense and the congressional 
oversight committees, in a written report, not later than June 
1, 2010. 
(d) PROPOSED ACTIONS BASED ON REPORT.—Not later than 60 
days after receiving the report of the independent organization 
under subsection (c), the Secretary of Defense, in coordination with 
Reports. 
Deadline. 
Designation. 
Time period. 
10 USC 1601 
note. 
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123 STAT. 2505 
PUBLIC LAW 111–84—OCT. 28, 2009 
the Director of the Office of Personnel Management and the Director 
of National Intelligence, shall submit to the congressional oversight 
committees a written report describing any actions that the Sec-
retary has taken or proposes to take in response to such report. 
(e) HOLD-HARMLESS PROVISION.—No employee shall suffer any 
loss of or decrease in pay as a result of being converted from 
DCIPS in compliance with subsection (a). 
(f) DEFINITIONS.—For purposes of this section— 
(1) the terms ‘‘Defense Civilian Intelligence Personnel 
System’’ and ‘‘DCIPS’’ mean the civilian personnel system estab-
lished by the Secretary of Defense under regulations— 
(A) prescribed pursuant to sections 1601 through 1614 
of title 10, United States Code; and 
(B) taking effect in September 2008 or thereafter; and 
(2) the term ‘‘congressional oversight committees’’ means— 
(A) the Committee on Armed Services and the Perma-
nent Select Committee on Intelligence of the House of 
Representatives; and 
(B) the Committee on Armed Services and the Select 
Committee on Intelligence of the Senate. 
Subtitle B—Provisions Relating to 
Reemployment of Annuitants 
SEC. 1121. AUTHORITY TO EXPAND SCOPE OF PROVISIONS RELATING 
TO 
UNREDUCED 
COMPENSATION 
FOR 
CERTAIN 
REEMPLOYED ANNUITANTS. 
(a) IN GENERAL.—Section 9902(h) of title 5, United States Code, 
is amended— 
(1) by redesignating paragraph (3) as paragraph (4); and 
(2) by inserting after paragraph (2) the following: 
‘‘(3) Benefits similar to those provided by paragraphs (1) 
and (2) may be extended, in accordance with regulations pre-
scribed by the President, so as to be made available with 
respect to reemployed annuitants within the Department of 
Defense who are subject to such other retirement systems for 
Government employees (whose annuities are payable under 
authorities other than subchapter III of chapter 83 or chapter 
84 of title 5) as may be provided for under such regulations.’’. 
(b) CONFORMING AMENDMENT.—Paragraph (4) of section 9902(h) 
of such title 5 (as so designated by subsection (a)(1)) is amended 
by striking the period and inserting ‘‘, excluding paragraph (3).’’. 
SEC. 1122. PART-TIME REEMPLOYMENT. 
(a) CIVIL SERVICE RETIREMENT SYSTEM.—Section 8344 of title 
5, United States Code, is amended— 
(1) by redesignating subsection (l) as subsection (m); 
(2) by inserting after subsection (k) the following: 
‘‘(l)(1) For purposes of this subsection— 
‘‘(A) the term ‘head of an agency’ means— 
‘‘(i) the head of an Executive agency, other than the 
Department of Defense or the Government Accountability 
Office; 
‘‘(ii) the head of the United States Postal Service; 
President. 
Regulations. 
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123 STAT. 2506 
PUBLIC LAW 111–84—OCT. 28, 2009 
‘‘(iii) the Director of the Administrative Office of the 
United States Courts, with respect to employees of the 
judicial branch; and 
‘‘(iv) any employing authority described under sub-
section (k)(2), other than the Government Accountability 
Office; and 
‘‘(B) the term ‘limited time appointee’ means an annuitant 
appointed under a temporary appointment limited to 1 year 
or less. 
‘‘(2) The head of an agency may waive the application of sub-
section (a) or (b) with respect to any annuitant who is employed 
in such agency as a limited time appointee, if the head of the 
agency determines that the employment of the annuitant is nec-
essary to— 
‘‘(A) fulfill functions critical to the mission of the agency, 
or any component of that agency; 
‘‘(B) assist in the implementation or oversight of the Amer-
ican Recovery and Reinvestment Act of 2009 (Public Law 111– 
5) or the Troubled Asset Relief Program under title I of the 
Emergency Economic Stabilization Act of 2008 (12 U.S.C. 5201 
et seq.); 
‘‘(C) assist in the development, management, or oversight 
of agency procurement actions; 
‘‘(D) assist the Inspector General for that agency in the 
performance of the mission of that Inspector General; 
‘‘(E) promote appropriate training or mentoring programs 
of employees; 
‘‘(F) assist in the recruitment or retention of employees; 
or 
‘‘(G) respond to an emergency involving a direct threat 
to life of property or other unusual circumstances. 
‘‘(3) The head of an agency may not waive the application 
of subsection (a) or (b) with respect to an annuitant— 
‘‘(A) for more than 520 hours of service performed by that 
annuitant during the period ending 6 months following the 
individual’s annuity commencing date; 
‘‘(B) for more than 1040 hours of service performed by 
that annuitant during any 12-month period; or 
‘‘(C) for more than a total of 3120 hours of service performed 
by that annuitant. 
‘‘(4)(A) The total number of annuitants to whom a waiver by 
the head of an agency under this subsection or section 8468(i) 
applies may not exceed 2.5 percent of the total number of full- 
time employees of that agency. 
‘‘(B) If the total number of annuitants to whom a waiver by 
the head of an agency under this subsection or section 8468(i) 
applies exceeds 1 percent of the total number of full-time employees 
of that agency, the head of that agency shall submit to the Com-
mittee on Homeland Security and Governmental Affairs of the 
Senate, the Committee on Oversight and Government Reform of 
the House of Representatives, and the Office of Personnel Manage-
ment— 
‘‘(i) a report with an explanation that justifies the need 
for the waivers in excess of that percentage; and 
‘‘(ii) not later than 180 days after submitting the report 
under clause (i), a succession plan. 
Deadline. 
Succession plan. 
Reports. 
Waiver authority. 
Determination. 
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123 STAT. 2507 
PUBLIC LAW 111–84—OCT. 28, 2009 
‘‘(5)(A) The Director of the Office of Personnel Management 
may promulgate regulations providing for the administration of 
this subsection. 
‘‘(B) Any regulations promulgated under subparagraph (A) 
may— 
‘‘(i) provide standards for the maintenance and form 
of necessary records of employment under this subsection; 
‘‘(ii) to the extent not otherwise expressly prohibited 
by law, require employing agencies to provide records of 
such employment to the Office of Personnel Management 
or other employing agencies as necessary to ensure compli-
ance with paragraph (3); 
‘‘(iii) authorize other administratively convenient 
periods substantially equivalent to 12 months, such as 
26 pay periods, to be used in determining compliance with 
paragraph (3)(B); 
‘‘(iv) include such other administrative requirements 
as the Director of the Office of Personnel Management 
may find appropriate to provide for the effective operation 
of, or to ensure compliance with, this subsection; and 
‘‘(v) encourage the training and mentoring of employees 
by any limited time appointee employed under this sub-
section. 
‘‘(6)(A) Any hours of training or mentoring of employees by 
any limited time appointee employed under this subsection shall 
not be included in the hours of service performed for purposes 
of paragraph (3), but those hours of training or mentoring may 
not exceed 520 hours. 
‘‘(B) If the primary service performed by any limited time 
appointee employed under this subsection is training or mentoring 
of employees, the hours of that service shall be included in the 
hours of service performed for purposes of paragraph (3). 
‘‘(7) The authority of the head of an agency under this sub-
section to waive the application of subsection (a) or (b) shall termi-
nate 5 years after the date of enactment of the National Defense 
Authorization Act for Fiscal Year 2010.’’; and 
(3) in subsection (m) (as so redesignated)— 
(A) in paragraph (1), by striking ‘‘(k)’’ and inserting 
‘‘(l)’’; and 
(B) in paragraph (2), by striking ‘‘or (k)’’ and inserting 
‘‘(k), or (l)’’. 
(b) FEDERAL EMPLOYEE RETIREMENT SYSTEM.—Section 8468 
of title 5, United States Code, is amended— 
(1) by redesignating subsection (i) as subsection (j); 
(2) by inserting after subsection (h) the following: 
‘‘(i)(1) For purposes of this subsection— 
‘‘(A) the term ‘head of an agency’ means— 
‘‘(i) the head of an Executive agency, other than the 
Department of Defense or the Government Accountability 
Office; 
‘‘(ii) the head of the United States Postal Service; 
‘‘(iii) the Director of the Administrative Office of the 
United States Courts, with respect to employees of the 
judicial branch; and 
‘‘(iv) any employing authority described under sub-
section (h)(2), other than the Government Accountability 
Office; and 
Termination 
date. 
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123 STAT. 2508 
PUBLIC LAW 111–84—OCT. 28, 2009 
‘‘(B) the term ‘limited time appointee’ means an annuitant 
appointed under a temporary appointment limited to 1 year 
or less. 
‘‘(2) The head of an agency may waive the application of sub-
section (a) with respect to any annuitant who is employed in such 
agency as a limited time appointee, if the head of the agency 
determines that the employment of the annuitant is necessary 
to— 
‘‘(A) fulfill functions critical to the mission of the agency, 
or any component of that agency; 
‘‘(B) assist in the implementation or oversight of the Amer-
ican Recovery and Reinvestment Act of 2009 (Public Law 111– 
5) or the Troubled Asset Relief Program under title I of the 
Emergency Economic Stabilization Act of 2008 (12 U.S.C. 5201 
et seq.); 
‘‘(C) assist in the development, management, or oversight 
of agency procurement actions; 
‘‘(D) assist the Inspector General for that agency in the 
performance of the mission of that Inspector General; 
‘‘(E) promote appropriate training or mentoring programs 
of employees; 
‘‘(F) assist in the recruitment or retention of employees; 
or 
‘‘(G) respond to an emergency involving a direct threat 
to life of property or other unusual circumstances. 
‘‘(3) The head of an agency may not waive the application 
of subsection (a) with respect to an annuitant— 
‘‘(A) for more than 520 hours of service performed by that 
annuitant during the period ending 6 months following the 
individual’s annuity commencing date; 
‘‘(B) for more than 1040 hours of service performed by 
that annuitant during any 12-month period; or 
‘‘(C) for more than a total of 3120 hours of service performed 
by that annuitant. 
‘‘(4)(A) The total number of annuitants to whom a waiver by 
the head of an agency under this subsection or section 8344(l) 
applies may not exceed 2.5 percent of the total number of full- 
time employees of that agency. 
‘‘(B) If the total number of annuitants to whom a waiver by 
the head of an agency under this subsection or section 8344(l) 
applies exceeds 1 percent of the total number of full-time employees 
of that agency, the head of that agency shall submit to the Com-
mittee on Homeland Security and Governmental Affairs of the 
Senate, the Committee on Oversight and Government Reform of 
the House of Representatives, and the Office of Personnel Manage-
ment— 
‘‘(i) a report with an explanation that justifies the need 
for the waivers in excess of that percentage; and 
‘‘(ii) not later than 180 days after submitting the report 
under clause (i), a succession plan. 
‘‘(5)(A) The Director of the Office of Personnel Management 
may promulgate regulations providing for the administration of 
this subsection. 
‘‘(B) Any regulations promulgated under subparagraph (A) 
may— 
‘‘(i) provide standards for the maintenance and form of 
necessary records of employment under this subsection; 
Deadline. 
Succession plan. 
Reports. 
Waiver authority. 
Determination. 
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123 STAT. 2509 
PUBLIC LAW 111–84—OCT. 28, 2009 
‘‘(ii) to the extent not otherwise expressly prohibited by 
law, require employing agencies to provide records of such 
employment to the Office or other employing agencies as nec-
essary to ensure compliance with paragraph (3); 
‘‘(iii) authorize other administratively convenient periods 
substantially equivalent to 12 months, such as 26 pay periods, 
to be used in determining compliance with paragraph (3)(B); 
‘‘(iv) include such other administrative requirements as 
the Director of the Office of Personnel Management may find 
appropriate to provide for effective operation of, or to ensure 
compliance with, this subsection; and 
‘‘(v) encourage the training and mentoring of employees 
by any limited time appointee employed under this subsection. 
‘‘(6)(A) Any hours of training or mentoring of employees by 
any limited time appointee employed under this subsection shall 
not be included in the hours of service performed for purposes 
of paragraph (3), but those hours of training or mentoring may 
not exceed 520 hours. 
‘‘(B) If the primary service performed by any limited time 
appointee employed under this subsection is training or mentoring 
of employees, the hours of that service shall be included in the 
hours of service performed for purposes of paragraph (3). 
‘‘(7) The authority of the head of an agency under this sub-
section to waive the application of subsection (a) shall terminate 
5 years after the date of enactment of the National Defense 
Authorization Act for Fiscal Year 2010.’’; and 
(3) in subsection (j) (as so redesignated)— 
(A) in paragraph (1), by striking ‘‘(h)’’ and inserting 
‘‘(i)’’; and 
(B) in paragraph (2), by striking ‘‘or (h)’’ and inserting 
‘‘(h), or (i)’’. 
(c) RULE OF CONSTRUCTION.—Nothing in the amendments made 
by this section may be construed to authorize the waiver of the 
hiring preferences under chapter 33 of title 5, United States Code 
in selecting annuitants to employ in an appointive or elective posi-
tion. 
(d) 
TECHNICAL
AND
CONFORMING
AMENDMENTS.—Section 
1005(d)(2) of title 39, United States Code, is amended— 
(1) by striking ‘‘(l)(2)’’ and inserting ‘‘(m)(2)’’; and 
(2) by striking ‘‘(i)(2)’’ and inserting ‘‘(j)(2)’’. 
SEC. 1123. GOVERNMENT ACCOUNTABILITY OFFICE REPORT. 
(a) IN GENERAL.—Not later than 3 years after the date of 
the enactment of this Act, the Comptroller General of the United 
States shall submit to the Committee on Homeland Security and 
Governmental Affairs of the Senate and the Committee on Oversight 
and Government Reform of the House of Representatives a report 
regarding the use of the authority under the amendments made 
by section 1122. 
(b) CONTENTS.—The report submitted under subsection (a) 
shall— 
(1) include the number of annuitants for whom a waiver 
was made under subsection (l) of section 8344 of title 5, United 
States Code, as amended by this subtitle, or subsection (i) 
of section 8468 of title 5, United States Code, as amended 
by this subtitle; and 
5 USC 8344 note. 
Termination 
date. 
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123 STAT. 2510 
PUBLIC LAW 111–84—OCT. 28, 2009 
(2) identify each agency that used the authority described 
in paragraph (1). 
(c) AGENCY DATA.—Each head of an agency (as defined under 
sections 8344(l)(1) and 8468(i)(1)(A) of title 5, United States Code, 
as added by section 1122 of this subtitle) shall— 
(1) collect and maintain data necessary for purposes of 
the Comptroller General report submitted under subsection 
(a); and 
(2) submit to the Comptroller General that data as the 
Comptroller General requires in a timely fashion. 
TITLE XII—MATTERS RELATING TO 
FOREIGN NATIONS 
Subtitle A—Assistance and Training 
Sec. 1201. 
One-year extension of authority for security and stabilization assist-
ance. 
Sec. 1202. Expansion of authority and modification of notification and reporting 
requirements for use of authority for support of special operations to 
combat terrorism. 
Sec. 1203. 
Modification of report on foreign-assistance related programs carried 
out by the Department of Defense. 
Sec. 1204. Report on authorities to build the capacity of foreign military forces and 
related matters. 
Sec. 1205. Authority to provide administrative services and support to coalition li-
aison officers of certain foreign nations assigned to United States Joint 
Forces Command. 
Sec. 1206. Modification of authorities relating to program to build the capacity of 
foreign military forces. 
Sec. 1207. Authority for non-reciprocal exchanges of defense personnel between the 
United States and foreign countries. 
Sec. 1208. Report on alternatives to use of acquisition and cross-servicing agree-
ments to lend military equipment for personnel protection and surviv-
ability. 
Sec. 1209. 
Enhancing Iraqi security through defense cooperation between the 
United States and Iraq. 
Sec. 1210. Availability of appropriated funds for the State Partnership Program. 
Subtitle B—Matters Relating to Iraq, Afghanistan, and Pakistan 
Sec. 1221. Limitation on availability of funds for certain purposes relating to Iraq. 
Sec. 1222. 
One-year extension and expansion of Commanders’ Emergency Re-
sponse Program. 
Sec. 1223. Modification of authority for reimbursement of certain coalition nations 
for support provided to United States military operations. 
Sec. 1224. Pakistan Counterinsurgency Fund. 
Sec. 1225. Program to provide for the registration and end-use monitoring of de-
fense articles and defense services transferred to Afghanistan and Paki-
stan. 
Sec. 1226. Reports on campaign plans for Iraq and Afghanistan. 
Sec. 1227. 
Report on responsible redeployment of United States Armed Forces 
from Iraq. 
Sec. 1228. Report on community-based security programs in Afghanistan. 
Sec. 1229. Updates of report on command and control structure for military forces 
operating in Afghanistan. 
Sec. 1230. 
Report on feasibility and desirability of establishing general uniform 
procedures and guidelines for the provision of monetary assistance by 
the United States to civilian foreign nationals for losses incident to com-
bat activities of the armed forces. 
Sec. 1231. 
Assessment and report on United States-Pakistan military relations 
and cooperation. 
Sec. 1232. Report on progress toward security and stability in Pakistan. 
Sec. 1233. Repeal of GAO war-related reporting requirement. 
Sec. 1234. Authority to transfer defense articles and provide defense services to 
the military and security forces of Iraq and Afghanistan. 
Sec. 1235. Analysis of required force levels and types of forces needed to secure 
southern and eastern regions of Afghanistan. 
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123 STAT. 2511 
PUBLIC LAW 111–84—OCT. 28, 2009 
Sec. 1236. Modification of report on progress toward security and stability in Af-
ghanistan. 
Sec. 1237. No permanent military bases in Afghanistan. 
Subtitle C—Other Matters 
Sec. 1241. Report on United States engagement with Iran. 
Sec. 1242. Annual counterterrorism status reports. 
Sec. 1243. Report on United States contributions to the United Nations. 
Sec. 1244. NATO Special Operations Coordination Center. 
Sec. 1245. Annual report on military power of Iran. 
Sec. 1246. Annual report on military and security developments involving the Peo-
ple’s Republic of China. 
Sec. 1247. Report on impacts of drawdown authorities on the Department of De-
fense. 
Sec. 1248. Risk assessment of United States space export control policy. 
Sec. 1249. Patriot air and missile defense battery in Poland. 
Sec. 1250. Report on potential foreign military sales of the F–22A fighter aircraft. 
Sec. 1251. Report on the plan for the nuclear weapons stockpile, nuclear weapons 
complex, and delivery platforms and sense of Congress on follow-on ne-
gotiations to START Treaty. 
Sec. 1252. Map of mineral-rich zones and areas under the control of armed groups 
in the Democratic Republic of the Congo. 
Sec. 1253. Sense of Congress relating to Israel. 
Sec. 1254. Sense of Congress on imposing sanctions with respect to Iran. 
Sec. 1255. Report and sense of Congress on North Korea. 
Sec. 1256. Report on potential missile defense cooperation with Russia. 
Subtitle D—VOICE Act 
Sec. 1261. Short title. 
Sec. 1262. Authorization of appropriations. 
Sec. 1263. Iranian Electronic Education, Exchange, and Media Fund. 
Sec. 1264. Annual report. 
Sec. 1265. Report on actions by non-Iranian companies. 
Sec. 1266. Human rights documentation. 
Subtitle A—Assistance and Training 
SEC. 1201. ONE-YEAR EXTENSION OF AUTHORITY FOR SECURITY AND 
STABILIZATION ASSISTANCE. 
Section 1207(g) of the National Defense Authorization Act for 
Fiscal Year 2006 (Public Law 109–163; 119 Stat. 3458), as amended 
by section 1210 of the National Defense Authorization Act for 
Fiscal Year 2008 (Public Law 110–181; 122 Stat. 369) and section 
1207 of the Duncan Hunter National Defense Authorization Act 
for Fiscal Year 2009 (Public Law 110–417; 122 Stat. 4625), is 
further amended by striking ‘‘September 30, 2009’’ and inserting 
‘‘September 30, 2010’’. 
SEC. 1202. EXPANSION OF AUTHORITY AND MODIFICATION OF 
NOTIFICATION AND REPORTING REQUIREMENTS FOR 
USE OF AUTHORITY FOR SUPPORT OF SPECIAL OPER-
ATIONS TO COMBAT TERRORISM. 
(a) AUTHORITY.—Section 1208(a) of the Ronald W. Reagan 
National Defense Authorization Act for Fiscal Year 2005 (Public 
Law 108–375; 118 Stat. 2086), as amended by section 1208(a) 
of the Duncan Hunter National Defense Authorization Act for Fiscal 
Year 2009 (Public Law 110–417; 122 Stat. 4626), is further amended 
by striking ‘‘$35,000,000’’ and inserting ‘‘$40,000,000’’. 
(b) NOTIFICATION.—Section 1208(c) of the Ronald W. Reagan 
National Defense Authorization Act for Fiscal Year 2005 (Public 
Law 108–375; 118 Stat. 2086), as amended by section 1208(b) 
of the Duncan Hunter National Defense Authorization Act for Fiscal 
Year 2009 (Public Law 110–417; 122 Stat. 4626), is further 
amended— 
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123 STAT. 2512 
PUBLIC LAW 111–84—OCT. 28, 2009 
(1) by striking ‘‘Upon using’’ and inserting the following: 
‘‘(1) IN GENERAL.—Upon using’’; 
(2) by inserting after ‘‘support of an approved military 
operation’’ the following: ‘‘or changing the scope or funding 
level of any support for such an operation’’; 
(3) by striking ‘‘Such a notification need be provided only 
once with respect to any such operation.’’; and 
(4) by adding at the end the following new paragraph: 
‘‘(2) CONTENT.—Notifications required under this sub-
section shall include the following information: 
‘‘(A) The type of support provided or to be provided 
to United States special operations forces. 
‘‘(B) The type of support provided or to be provided 
to the recipient of the funds. 
‘‘(C) The amount obligated under the authority to pro-
vide support.’’. 
(c) ANNUAL REPORT.—Section 1208(f) of the Ronald W. Reagan 
National Defense Authorization Act for Fiscal Year 2005 (Public 
Law 108–375; 118 Stat. 2086) is amended in the second sentence 
by striking ‘‘shall describe the support’’ and all that follows through 
the period at the end and inserting ‘‘shall include the following 
information: 
‘‘(1) A description of supported operations. 
‘‘(2) A summary of operations. 
‘‘(3) The type of recipients that received support, identified 
by authorized category (foreign forces, irregular forces, groups, 
or individuals). 
‘‘(4) The total amount obligated in the previous fiscal year, 
including budget details. 
‘‘(5) The total amount obligated in prior fiscal years. 
‘‘(6) The intended duration of support. 
‘‘(7) A description of support or training provided to the 
recipients of support. 
‘‘(8) A value assessment of the operational support pro-
vided.’’. 
SEC. 1203. MODIFICATION OF REPORT ON FOREIGN-ASSISTANCE 
RELATED PROGRAMS CARRIED OUT BY THE DEPART-
MENT OF DEFENSE. 
(a) AMENDMENT.—Section 1209 of the National Defense 
Authorization Act for Fiscal Year 2008 (Public Law 110–181; 122 
Stat. 368) is amended— 
(1) in subsection (a), by striking ‘‘180 days after the date 
of the enactment of this Act’’ and inserting ‘‘February 1 of 
each year through February 1, 2013’’; and 
(2) in subsection (b)(1)— 
(A) in subparagraph (G), by striking ‘‘and’’ at the end; 
and 
(B) by adding at the end the following new subpara-
graph: 
‘‘(I) subsection (b)(6) of section 166a of title 10, United 
States Code; and’’. 
(b) REPORT FOR FISCAL YEARS 2008 AND 2009.—The report 
required to be submitted not later than February 1, 2010, under 
section 1209(a) of the National Defense Authorization Act for Fiscal 
Year 2008, as amended by subsection (a), shall include information 
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123 STAT. 2513 
PUBLIC LAW 111–84—OCT. 28, 2009 
required under such section with respect to fiscal years 2008 and 
2009. 
SEC. 1204. REPORT ON AUTHORITIES TO BUILD THE CAPACITY OF 
FOREIGN MILITARY FORCES AND RELATED MATTERS. 
(a) REPORT REQUIRED.—Not later than March 1, 2010, the 
President shall transmit to the congressional committees specified 
in subsection (b) a report on the following: 
(1) The relationship between authorities of the Department 
of Defense to conduct security cooperation programs to train 
and equip, or otherwise build the capacity of, foreign military 
forces and security assistance authorities of the Department 
of State and other foreign assistance agencies to provide assist-
ance to train and equip, or otherwise build the capacity of, 
foreign military forces, including the distinction, if any, between 
the purposes of such authorities, the processes to generate 
requirements to satisfy the purposes of such authorities, and 
the contribution such authorities make to the core missions 
of each such department and agency. 
(2) The strengths and weaknesses of the Foreign Assistance 
Act of 1961 (22 U.S.C. 2151 et seq.), the Arms Export Control 
Act (22 U.S.C. 2171 et seq.), title 10, United States Code, 
and any other provision of law relating to training and equip-
ping, or otherwise building the capacity of, foreign military 
forces, including to conduct counterterrorist operations or 
participate in or support military and stability operations in 
which the United State Armed Forces are a participant. 
(3) The changes, if any, that should be made to the provi-
sions of law described in paragraph (2) that would improve 
the ability of the United States Government to train and equip, 
or otherwise build the capacity of, foreign military forces, 
including to conduct counterterrorist operations or participate 
in or support military and stability operations in which the 
United State Armed Forces are a participant. 
(4) The organizational and procedural changes, if any, that 
should be made in the Department of Defense and the Depart-
ment of State and other foreign assistance agencies to improve 
the ability of such departments and agencies to conduct pro-
grams to train and equip, or otherwise build the capacity of, 
foreign military forces, including to conduct counterterrorist 
operations or participate in or support military and stability 
operations in which the United State Armed Forces are a 
participant. 
(5) The resources and funding mechanisms required to 
ensure adequate funding for such programs. 
(b) SPECIFIED CONGRESSIONAL COMMITTEES.—The congressional 
committees specified in this subsection are the following: 
(1) The Committee on Armed Services, the Committee on 
Foreign Affairs, and the Committee on Appropriations of the 
House of Representatives. 
(2) The Committee on Armed Services, the Committee on 
Foreign Relations, and the Committee on Appropriations of 
the Senate. 
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123 STAT. 2514 
PUBLIC LAW 111–84—OCT. 28, 2009 
SEC. 1205. AUTHORITY TO PROVIDE ADMINISTRATIVE SERVICES AND 
SUPPORT TO COALITION LIAISON OFFICERS OF CERTAIN 
FOREIGN NATIONS ASSIGNED TO UNITED STATES JOINT 
FORCES COMMAND. 
(a) EXTENSION OF AUTHORITY.—Subsection (a) of section 1051a 
of title 10, United States Code, is amended— 
(1) by striking ‘‘assigned temporarily’’ and inserting 
‘‘assigned temporarily as follows:’’; 
(2) by designating the remainder of the text of that sub-
section as paragraph (1) and indenting that text two ems from 
the left margin; 
(3) in paragraph (1), as so designated, by striking ‘‘to the 
headquarters’’ and inserting ‘‘To the headquarters’’; and 
(4) by adding at the end the following new paragraph: 
‘‘(2) To the headquarters of the combatant command 
assigned by the Secretary of Defense the mission of joint 
warfighting experimentation and joint forces training.’’. 
(b) EFFECTIVE DATE.—Paragraph (2) of section 1051a(a) 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. 1206. MODIFICATION OF AUTHORITIES RELATING TO PROGRAM 
TO BUILD THE CAPACITY OF FOREIGN MILITARY FORCES. 
(a) TEMPORARY LIMITATION ON AMOUNT FOR BUILDING CAPACITY 
FOR MILITARY AND STABILITY OPERATIONS.—Section 1206(c) of the 
National Defense Authorization Act for Fiscal Year 2006 (Public 
Law 109–163; 119 Stat. 3456), as amended by section 1206 of 
the John Warner National Defense Authorization Act for Fiscal 
Year 2007 (Public Law 109–364; 120 Stat. 2418) and section 1206 
of the Duncan Hunter National Defense Authorization Act for Fiscal 
Year 2009 (Public Law 110–417; 122 Stat. 4625), is further amended 
by adding at the end the following new paragraph: 
‘‘(5) TEMPORARY
LIMITATION
ON
AMOUNT
FOR
BUILDING 
CAPACITY TO PARTICIPATE IN OR SUPPORT MILITARY AND STA-
BILITY OPERATIONS.—Of the funds used to carry out a program 
under subsection (a), not more than $75,000,000 may be used 
during fiscal year 2010, and not more than $75,000,000 may 
be used during fiscal year 2011, for purposes described in 
subsection (a)(1)(B).’’. 
(b) EFFECTIVE DATE.—The amendment made by subsection (a) 
shall take effect on October 1, 2009, and shall apply with respect 
to programs under section 1206(a) of the National Defense 
Authorization Act for Fiscal Year 2006 that begin on or after 
that date. 
SEC. 
1207. 
AUTHORITY 
FOR 
NON-RECIPROCAL 
EXCHANGES 
OF 
DEFENSE PERSONNEL BETWEEN THE UNITED STATES 
AND FOREIGN COUNTRIES. 
(a) AUTHORITY TO ENTER INTO NON-RECIPROCAL INTERNATIONAL 
EXCHANGE AGREEMENTS.— 
(1) IN GENERAL.—The Secretary of Defense may enter into 
non-reciprocal international defense personnel exchange agree-
ments. 
(2) INTERNATIONAL DEFENSE PERSONNEL EXCHANGE AGREE-
MENTS DEFINED.—For purposes of this section, an international 
defense personnel exchange agreement is an agreement with 
10 USC 168 note. 
10 USC 1051a. 
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123 STAT. 2515 
PUBLIC LAW 111–84—OCT. 28, 2009 
the government of an ally of the United States or another 
friendly foreign country for the exchange of military and civilian 
personnel of the defense ministry of that foreign government. 
(b) ASSIGNMENT OF PERSONNEL.— 
(1) IN
GENERAL.—Pursuant to a non-reciprocal inter-
national defense personnel exchange agreement, personnel of 
the defense ministry of a foreign government may be assigned 
to positions in the Department of Defense. 
(2) MUTUAL AGREEMENT REQUIRED.—An individual may not 
be assigned to a position pursuant to a non-reciprocal inter-
national defense personnel exchange agreement unless the 
assignment is acceptable to both governments. 
(c) PAYMENT OF PERSONNEL COSTS.— 
(1) IN GENERAL.—The foreign government with which the 
United States has entered into a non-reciprocal international 
defense personnel exchange agreement shall pay the salary, 
per diem, cost of living, travel costs, cost of language or other 
training, and other costs for its personnel under such agreement 
in accordance with the applicable laws and regulations of such 
government. 
(2) EXCLUDED
COSTS.—Paragraph (1) does not apply to 
the following costs: 
(A) The cost of training programs conducted to famil-
iarize, orient, or certify exchanged personnel regarding 
unique aspects of the assignments of the exchanged per-
sonnel. 
(B) Costs incident to the use of facilities of the United 
States Government in the performance of assigned duties. 
(C) The cost of temporary duty of the exchanged per-
sonnel directed by the United States Government. 
(d) PROHIBITED CONDITIONS.—No personnel exchanged pursu-
ant to a non-reciprocal agreement under this section may take 
or be required to take an oath of allegiance or to hold an official 
capacity in the government. 
(e) REPORT.— 
(1) IN GENERAL.—Not later than 90 days after the end 
of the fiscal year in which the authority in subsection (a) 
has been exercised, the Secretary of Defense shall submit to 
the appropriate congressional committees a report on the use 
of the authority through the end of such fiscal year. 
(2) MATTERS TO BE INCLUDED.—The report required under 
paragraph (1) shall include the number of non-reciprocal inter-
national defense personnel exchange agreements, the number 
of personnel assigned pursuant to such agreements, the Depart-
ment of Defense component to which the personnel have been 
assigned, the duty title of each assignment, and the countries 
with which the agreements have been concluded. 
(3) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.— 
In this subsection, the term ‘‘appropriate congressional commit-
tees’’ means— 
(A) the Committee on Armed Services and the Com-
mittee on Foreign Affairs of the House of Representatives; 
and 
(B) the Committee on Armed Services and the Com-
mittee on Foreign Relations of the Senate. 
(f) DURATION OF AUTHORITY.—The authority under this section 
shall expire on September 30, 2012. 
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123 STAT. 2516 
PUBLIC LAW 111–84—OCT. 28, 2009 
SEC. 1208. REPORT ON ALTERNATIVES TO USE OF ACQUISITION AND 
CROSS-SERVICING AGREEMENTS TO LEND MILITARY 
EQUIPMENT FOR PERSONNEL PROTECTION AND SURVIV-
ABILITY. 
(a) REPORT REQUIRED.—Not later than 90 days after the date 
of the enactment of this Act, the Secretary of Defense shall submit 
to the congressional defense committees a report setting forth and 
assessing various alternatives to the use of acquisition and cross- 
servicing agreements pursuant to the temporary authority in section 
1202 of the John Warner National Defense Authorization Act for 
Fiscal Year 2007 (Public Law 109–364; 120 Stat. 2412), as amended 
by section 1252 of the National Defense Authorization Act for 
Fiscal Year 2008 (Public Law 110–181; 122 Stat. 402), for purposes 
of lending covered military equipment to military forces of nations 
as follows: 
(1) A nation participating in combined operations with 
the United States in Iraq and Afghanistan. 
(2) A nation participating in combined operations with 
the United States as part of a peacekeeping operation under 
the Charter of the United Nations or another international 
agreement. 
(b) COVERED MILITARY EQUIPMENT DEFINED.—In this section, 
the term ‘‘covered military equipment’’ has the meaning given that 
term in section 1202(d)(1) of the John Warner National Defense 
Authorization Act for Fiscal Year 2007. 
SEC. 
1209. 
ENHANCING 
IRAQI 
SECURITY 
THROUGH 
DEFENSE 
COOPERATION BETWEEN THE UNITED STATES AND IRAQ. 
(a) REPORT REQUIRED.—Not later than 120 days after the date 
of the enactment of this Act, the Secretary of Defense, with the 
concurrence of the Secretary of State, shall submit to the appro-
priate congressional committees a report on the role of Foreign 
Military Sales in meeting the requirements of the military and 
security forces of Iraq for restoring and maintaining peace and 
security in Iraq. 
(b) MATTERS TO BE INCLUDED.—The report required under 
subsection (a) shall include the following: 
(1) A description of the minimum requirements of the mili-
tary and security forces of Iraq to achieve and sustain internal 
security. 
(2) A description of how Foreign Military Sales may be 
leveraged to ensure the timely delivery of training, equipment, 
and supplies beyond the December 2011 drawdown deadline 
and any recommendations for improving the Foreign Military 
Sales process with respect to Iraq. 
(3) An assessment of the feasibility and desirability of 
treating an undertaking by the Government of Iraq between 
the date of the enactment of this Act and December 31, 2011, 
as a dependable undertaking described in section 22(a) of the 
Arms Export Control Act (22 U.S.C. 2762(a)) for the purpose 
of entering into contracts for the procurement of defense articles 
and defense services as provided for in that section. 
(c) SENSE
OF CONGRESS.—It is the sense of Congress that 
the Secretary of Defense should, with the concurrence of the Sec-
retary of State, seek to increase the number of positions in profes-
sional military education courses, including courses at command 
and general staff colleges, war colleges, and the service academies, 
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123 STAT. 2517 
PUBLIC LAW 111–84—OCT. 28, 2009 
that are made available annually to personnel of the security forces 
of the Government of Iraq. 
(d) DEFINITION.—In this section, the term ‘‘appropriate congres-
sional committees’’ means— 
(1) the Committee on Armed Services and the Committee 
on Foreign Affairs of the House of Representatives; and 
(2) the Committee on Armed Services and the Committee 
on Foreign Relations of the Senate. 
SEC. 1210. AVAILABILITY OF APPROPRIATED FUNDS FOR THE STATE 
PARTNERSHIP PROGRAM. 
(a) REGULATIONS REQUIRED.—Not later than 90 days after the 
date of the enactment of this Act, the Secretary of Defense, in 
consultation with Secretary of State, shall prescribe regulations 
regarding the use of funds appropriated to the Department of 
Defense to pay the costs incurred by the National Guard in con-
ducting activities under the State Partnership Program. The Sec-
retary of Defense shall transmit to the appropriate congressional 
committees a copy of the regulations not later than 15 days after 
the date on which the regulations are prescribed under this sub-
section. 
(b) LIMITATIONS.— 
(1) APPROVAL
BY
COMMANDER
OF
COMBATANT
COMMAND 
AND CHIEF OF MISSION.—Funds shall not be available under 
subsection (a) for activities conducted under the State Partner-
ship Program in a foreign country unless such activities are 
jointly approved by the commander of the combatant command 
concerned and the chief of mission concerned. 
(2) PARTICIPATION BY MEMBERS.—Funds shall not be avail-
able under subsection (a) for the participation of a member 
of the National Guard in activities conducted under the State 
Partnership Program in a foreign country unless the member 
is on active duty in the Armed Forces at the time of such 
participation. 
(c) REPORT.—Not later than 90 days after the date of the 
enactment of this Act, and not later than the end of each of 
the fiscal years 2010 through 2013, the Secretary of Defense shall 
submit to the appropriate congressional committees a report 
describing the civilian engagement activities conducted under the 
State Partnership Program, including a detailed description of the 
activities undertaken and funds expended in the previous fiscal 
year under the State Partnership Program. 
(d) DEFINITION.—In this section, the term ‘‘appropriate congres-
sional committees’’ means— 
(1) the Committee on Armed Services and the Committee 
on Foreign Affairs of the House of Representatives; and 
(2) the Committee on Armed Services and the Committee 
on Foreign Relations of the Senate. 
Records. 
Deadline. 
Deadline. 
32 USC 107 note. 
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123 STAT. 2518 
PUBLIC LAW 111–84—OCT. 28, 2009 
Subtitle B—Matters Relating to Iraq, 
Afghanistan, and Pakistan 
SEC. 1221. LIMITATION ON AVAILABILITY OF FUNDS FOR CERTAIN 
PURPOSES RELATING TO IRAQ. 
No funds appropriated pursuant to an authorization of appro-
priations in this Act may be obligated or expended for a purpose 
as follows: 
(1) To establish any military installation or base for the 
purpose of providing for the permanent stationing of United 
States Armed Forces in Iraq. 
(2) To exercise United States control of the oil resources 
of Iraq. 
SEC. 1222. ONE-YEAR EXTENSION AND EXPANSION OF COMMANDERS’ 
EMERGENCY RESPONSE PROGRAM. 
(a) ONE-YEAR EXTENSION OF AUTHORITY.— 
(1) AUTHORITY FOR FISCAL YEAR 2010.—Subsection (a) of 
section 1202 of the National Defense Authorization Act for 
Fiscal Year 2006 (Public Law 109–163; 119 Stat. 3455), as 
amended by section 1205 of the National Defense Authorization 
Act for Fiscal Year 2008 (Public Law 110–181; 122 Stat. 366) 
and section 1214 of the Duncan Hunter National Defense 
Authorization Act for Fiscal Year 2009 (Public Law 110–417; 
122 Stat. 4630), is further amended— 
(A) in the heading, by striking ‘‘FISCAL YEARS 2008 
AND 2009’’ and inserting ‘‘FISCAL YEAR 2010’’; 
(B) by striking ‘‘each of fiscal years 2008 and 2009’’ 
and inserting ‘‘fiscal year 2010’’; 
(C) by striking ‘‘for such fiscal year’’; and 
(D) by striking ‘‘$1,700,000,000 in fiscal year 2008 and 
$1,500,000,000 
in 
fiscal 
year 
2009’’ 
and 
inserting 
‘‘$1,300,000,000’’. 
(2) EFFECTIVE DATE.—The amendments made by paragraph 
(1) shall take effect on October 1, 2009. 
(b) EXTENSION OF DUE DATE FOR QUARTERLY REPORTS.—Sub-
section (b)(1) of such section is amended— 
(1) by striking ‘‘15 days’’ and inserting ‘‘30 days’’; and 
(2) by striking ‘‘fiscal years 2008 and 2009’’ and inserting 
‘‘any fiscal year during which the authority under subsection 
(a) is in effect’’. 
(c) TECHNICAL AMENDMENTS.—Subsections (e)(1) and (f)(1) of 
such section are amended by striking ‘‘the date of the enactment 
of the Duncan Hunter National Defense Authorization Act for Fiscal 
Year 2009’’ and inserting ‘‘October 14, 2008,’’. 
(d) AUTHORITY TO TRANSFER FUNDS FOR SUPPORT OF AFGHANI-
STAN NATIONAL SOLIDARITY PROGRAM.— 
(1) AUTHORITY.—If the Secretary of Defense determines 
that the use of Commanders’ Emergency Response Program 
funds to support the Afghanistan National Solidarity Program 
would enhance counterinsurgency operations or stability oper-
ations in Afghanistan, the Secretary of Defense may transfer 
funds, from amounts available for the Commanders’ Emergency 
Response Program for fiscal year 2010, to the Secretary of 
State for purposes of supporting the Afghanistan National Soli-
darity Program. 
Determination. 
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123 STAT. 2519 
PUBLIC LAW 111–84—OCT. 28, 2009 
(2) LIMITATION.—The amount of funds transferrable under 
paragraph (1) may not exceed $50,000,000. 
(3) CONGRESSIONAL NOTIFICATION.—Not later than 15 days 
before transferring funds under paragraph (1), the Secretary 
of Defense shall submit to the congressional defense committees 
a report setting forth the Secretary’s determination pursuant 
to paragraph (1) and a description of the amount of funds 
to be transferred under that paragraph. 
(4) EXPIRATION.—The authority to transfer funds under 
paragraph (1) shall expire at the close of September 30, 2010. 
(e) USE OF FUNDS FOR REINTEGRATION ACTIVITIES IN AFGHANI-
STAN.— 
(1) AUTHORITY.—The Secretary of Defense, in coordination 
with the Government of Afghanistan and with the concurrence 
of the Secretary of State, may utilize such funds as necessary 
from amounts available for the Commanders’ Emergency 
Response Program for fiscal year 2010 to support the reintegra-
tion into Afghan society of those individuals who have 
renounced violence against the Government of Afghanistan. 
(2) QUARTERLY REPORTS.— 
(A) IN
GENERAL.—The Secretary of Defense shall 
submit to the congressional defense committees a report 
on activities carried out utilizing the authority of paragraph 
(1). Such report shall be included in the report required 
under section 1202(b) of the National Defense Authoriza-
tion Act for Fiscal Year 2006 (Public Law 109–163; 119 
Stat. 3455), and shall be specifically identified as having 
been carried out under the authority of paragraph (1). 
(B) COPY OF REPORT.—The Secretary of Defense shall 
provide the Committee on Foreign Affairs of the House 
of Representatives and the Committee on Foreign Relations 
of the Senate with a copy of that portion of the report 
required by section 1202 of the National Defense Authoriza-
tion Act for Fiscal Year 2006 (Public Law 109–163; 119 
Stat. 3455) that pertains to expenditures carried out under 
the authority of paragraph (1). 
(3) EXPIRATION.—The authority to utilize funds under para-
graph (1) shall expire at the close of September 30, 2010. 
(f) REVIEW OF PROGRAM.—Not later than 180 days after the 
date of the enactment of this Act, the Secretary of Defense shall 
conduct a thorough review of the Commander’s Emergency Response 
Program and submit to the congressional defense committees the 
results of such review. 
(g) DEFINITION.—In this section, the term ‘‘Commanders’ Emer-
gency Response Program’’ has the meaning given the term in section 
1202(g) of the National Defense Authorization Act for Fiscal Year 
2006 (Public Law 109–163; 119 Stat. 3456). 
SEC. 1223. MODIFICATION OF AUTHORITY FOR REIMBURSEMENT OF 
CERTAIN COALITION NATIONS FOR SUPPORT PROVIDED 
TO UNITED STATES MILITARY OPERATIONS. 
(a) EXPANSION OF AUTHORITY.—Section 1233 of the National 
Defense Authorization Act for Fiscal Year 2008 (Public Law 110– 
181; 122 Stat. 393) is amended— 
(1) in subsection (a)— 
Deadline. 
Deadline. 
Reports. 
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123 STAT. 2520 
PUBLIC LAW 111–84—OCT. 28, 2009 
(A) by striking ‘‘section 1508’’ and inserting ‘‘section 
1509(5) of the National Defense Authorization Act for Fiscal 
Year 2010’’; 
(B) by striking ‘‘key cooperating nation for logistical’’ 
and inserting the following: ‘‘key cooperating nation for 
the following: 
‘‘(1) Logistical’’; and 
(C) by adding at the end the following: 
‘‘(2) Logistical, military, and other support, including 
access, provided by that nation to or in connection with United 
States military operations described in paragraph (1).’’; 
(2) by redesignating subsections (b), (c), and (d) as sub-
sections (c), (d), and (e), respectively; and 
(3) by inserting after subsection (a) the following new sub-
section: 
‘‘(b) OTHER SUPPORT.—Using funds described in subsection 
(a)(2), the Secretary of Defense may also assist any key cooperating 
nation supporting United States military operations in Operation 
Iraqi Freedom or Operation Enduring Freedom in Afghanistan 
through the following: 
‘‘(1) The provision of specialized training to personnel of 
that nation in connection with such operations, including 
training of such personnel before deployment in connection 
with such operations. 
‘‘(2) The procurement and provision of supplies to that 
nation in connection with such operations. 
‘‘(3) The procurement of specialized equipment and the 
loaning of such specialized equipment to that nation on a 
non-reimbursable basis in connection with such operations.’’. 
(b) AMOUNTS OF SUPPORT.—Paragraph (2) of subsection (c) of 
such section (as redesignated) is amended to read as follows: 
‘‘(2) SUPPORT.—Support authorized by subsection (b) may 
be provided in such amounts as the Secretary of Defense, 
with the concurrence of the Secretary of State and in consulta-
tion with the Director of the Office of Management and Budget 
considers appropriate.’’. 
(c) LIMITATION ON AMOUNT.—Paragraph (1) of subsection (d) 
of such section (as redesignated) is amended by adding at the 
end the following: ‘‘The aggregate amount of reimbursements made 
under subsection (a) and support provided under subsection (b) 
during fiscal year 2010 may not exceed $1,600,000,000.’’. 
(d) NOTICE TO CONGRESS.—Subsection (e) of such section (as 
redesignated) is amended by striking ‘‘shall—’’ and all that follows 
and inserting ‘‘shall notify the appropriate congressional committees 
not later than 15 days before making any reimbursement under 
the authority in subsection (a) or providing any support under 
the authority in subsection (b). In the case of any reimbursement 
to Pakistan under the authority of this section, such notice shall 
be made in accordance with the notice requirements under section 
1232(b).’’. 
(e) QUARTERLY REPORTS.—Such section is further amended by 
adding at the end the following new subsection: 
‘‘(f) QUARTERLY REPORTS.—The Secretary of Defense shall 
submit to the appropriate congressional committees on a quarterly 
basis a report on any reimbursements made under the authority 
in subsection (a), and any support provided under the authority 
in subsection (b), during such quarter.’’. 
Deadline. 
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123 STAT. 2521 
PUBLIC LAW 111–84—OCT. 28, 2009 
(f) DEFINITION.—Such section is further amended by adding 
at the end the following new subsection: 
‘‘(g) DEFINITION.—In this section, the term ‘appropriate congres-
sional committees’ means— 
‘‘(1) the Committee on Armed Services, the Committee on 
Foreign Affairs, and the Committee on Appropriations of the 
House of Representatives; and 
‘‘(2) the Committee on Armed Services, the Committee on 
Foreign Relations, and the Committee on Appropriations of 
the Senate.’’. 
(g) 
EXTENSION
OF
NOTICE
REQUIREMENT
RELATING
TO 
REIMBURSEMENT OF PAKISTAN FOR SUPPORT PROVIDED BY PAKI-
STAN.—Section 1232(b)(6) of the National Defense Authorization 
Act for Fiscal Year 2008 (Public Law 110–181; 122 Stat. 393), 
as amended by section 1217(d) of the Duncan Hunter National 
Defense Authorization Act for Fiscal Year 2009 (Public Law 110– 
417; 122 Stat. 4635), is further amended by striking ‘‘September 
30, 2010’’ and inserting ‘‘September 30, 2011’’. 
SEC. 1224. PAKISTAN COUNTERINSURGENCY FUND. 
(a) AVAILABILITY.— 
(1) AMOUNTS IN THE FUND.—The Pakistan Counterinsur-
gency Fund (in this section referred to as the ‘‘Fund’’) shall 
consist of the following: 
(A) Amounts appropriated to the Fund for fiscal year 
2009. 
(B) Amounts transferred to the Fund pursuant to sub-
section (d). 
(2) INITIAL ASSESSMENT REQUIRED.—Concurrent with the 
initial use of funds available under this section, the Secretary 
of Defense shall submit to the appropriate congressional 
committees a report setting forth an assessment by the Sec-
retary as to whether the Government of Pakistan is making 
concerted efforts to confront the threat posed by al Qa’ida, 
the Taliban, and other militant extremists based on the national 
security interests of Pakistan. 
(b) USE OF FUNDS.— 
(1) IN
GENERAL.—Amounts in the Fund shall be made 
available to the Secretary of Defense, with the concurrence 
of the Secretary of State, to provide assistance (including pro-
gram management and the provision of equipment, supplies, 
services, training, facility and infrastructure repair, renovation, 
and construction) to the security forces of Pakistan (including 
military forces, police forces, and the Frontier Corps) to build 
and maintain the counterinsurgency capability of such forces, 
and of which not more than $4,000,000 may be made available 
to provide humanitarian assistance to the people of Pakistan 
only as part of civil-military training exercises for such forces 
receiving assistance under the Fund. 
(2) RELATION TO OTHER AUTHORITIES.—Except as otherwise 
provided in section 1225 of this Act, amounts in the Fund 
are authorized to be made available subject only to the terms 
and conditions of this section and notwithstanding any other 
provision of law. The authority to provide assistance under 
this subsection is in addition to any other authority to provide 
assistance to foreign countries. 
(c) TRANSFERS FROM FUND.— 
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123 STAT. 2522 
PUBLIC LAW 111–84—OCT. 28, 2009 
(1) IN GENERAL.—The Secretary of Defense may transfer 
such amounts as the Secretary determines to be appropriate 
from the Fund— 
(A) to any account available to the Department of 
Defense, or 
(B) with the concurrence of the Secretary of State 
and head of the relevant Federal department or agency, 
to any other non-intelligence related Federal account, 
for purposes consistent with this section. 
(2) TREATMENT OF TRANSFERRED FUNDS.—Subject to sub-
section (b)(2), amounts transferred to an account under the 
authority of paragraph (1) shall be merged with amounts in 
such account and shall be made available for the same purposes, 
and subject to the same conditions and limitations, as amounts 
in such account. 
(3) TRANSFERS BACK TO FUND.—Upon a determination by 
the Secretary of Defense with respect to funds transferred 
under paragraph (1)(A), or the head of the other Federal depart-
ment or agency with the concurrence of the Secretary of State 
with respect to funds transferred under paragraph (1)(B), that 
all or part of amounts transferred from the Fund under para-
graph (1) are not necessary for the purpose provided, such 
amounts may be transferred back to the Fund and shall be 
made available for the same purposes, and subject to the same 
conditions and limitations, as originally applicable under sub-
section (b). 
(d) TRANSFERS TO FUND.— 
(1) IN GENERAL.—The Fund may include amounts trans-
ferred by the Secretary of State, with the concurrence of the 
Secretary of Defense, under any authority of the Secretary 
of State to transfer funds under any provision of law. 
(2) TREATMENT OF TRANSFERRED FUNDS.—Amounts trans-
ferred to the Fund under the authority of paragraph (1) shall 
be subject to any restriction relating to payments for Letters 
of Offer and Acceptance as a condition of the authority to 
transfer funds under paragraph (1), and merged with amounts 
in the Fund and shall be made available for the same purposes, 
and subject to the same conditions and limitations, as amounts 
in the Fund. 
(e) CONGRESSIONAL NOTIFICATION.—Amounts in the Fund may 
not be transferred from the Fund under this section until 15 days 
after the date on which the Secretary of Defense notifies the appro-
priate congressional committees in writing of the details of the 
proposed transfer. 
(f) QUARTERLY REPORTS.—Not later than 30 days after the 
end of each fiscal quarter, the Secretary of Defense shall submit 
to the appropriate congressional committees a report that summa-
rizes, on a project-by-project basis, any transfer of funds from 
the Fund under this section during such fiscal quarter. 
(g) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In 
this section, the term ‘‘appropriate congressional committees’’ 
means— 
(1) the Committee on Armed Services, the Committee on 
Foreign Affairs, and the Committee on Appropriations of the 
House of Representatives; and 
Time period. 
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123 STAT. 2523 
PUBLIC LAW 111–84—OCT. 28, 2009 
(2) the Committee on Armed Services, the Committee on 
Foreign Relations, and the Committee on Appropriations of 
the Senate. 
(h) SUNSET.— 
(1) IN GENERAL.—Except as provided in paragraph (2), the 
authority provided under this section terminates at the close 
of September 30, 2010. 
(2) EXCEPTION.—Any program supported from amounts in 
the Fund established before the close of September 30, 2010, 
may be completed after that date but only using amounts 
appropriated or transferred to the Fund on or before that 
date. 
SEC. 1225. PROGRAM TO PROVIDE FOR THE REGISTRATION AND END- 
USE MONITORING OF DEFENSE ARTICLES AND DEFENSE 
SERVICES TRANSFERRED TO AFGHANISTAN AND PAKI-
STAN. 
(a) PROGRAM REQUIRED.— 
(1) IN GENERAL.—The Secretary of Defense shall establish 
and carry out a program to provide for the registration and 
end-use monitoring of defense articles and defense services 
transferred to Afghanistan and Pakistan in accordance with 
the requirements under subsection (b) and to prohibit the re-
transfer of such defense articles and defense services without 
the consent of the United States. The program required under 
this subsection shall be limited to the transfer of defense arti-
cles and defense services— 
(A) pursuant to authorities other than the Arms Export 
Control Act or the Foreign Assistance Act of 1961; and 
(B) using funds made available to the Department 
of Defense, including funds available pursuant to the Paki-
stan Counterinsurgency Fund. 
(2) PROHIBITION.—No defense articles or defense services 
that would be subject to the program required under this sub-
section may be transferred to— 
(A) the Government of Afghanistan or any other group, 
organization, citizen, or resident of Afghanistan, or 
(B) the Government of Pakistan or any other group, 
organization, citizen, or resident of Pakistan, 
until the Secretary of Defense certifies to the specified congres-
sional committees that the program required under this sub-
section has been established. 
(b) REGISTRATION AND END-USE MONITORING REQUIREMENTS.— 
The registration and end-use monitoring requirements under this 
subsection shall include the following: 
(1) A detailed record of the origin, shipping, and distribu-
tion of defense articles and defense services transferred to— 
(A) the Government of Afghanistan and other groups, 
organizations, citizens, and residents of Afghanistan; and 
(B) the Government of Pakistan and other groups, 
organizations, citizens, and residents of Pakistan. 
(2) The registration of the serial numbers of all small 
arms to be provided to— 
(A) the Government of Afghanistan and other groups, 
organizations, citizens, and residents of Afghanistan; and 
(B) the Government of Pakistan and other groups, 
organizations, citizens, and residents of Pakistan. 
22 USC 2785 
note. 
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123 STAT. 2524 
PUBLIC LAW 111–84—OCT. 28, 2009 
(3) A program of end-use monitoring of lethal defense arti-
cles and defense services transferred to the entities and individ-
uals described in subparagraphs (A) and (B) of paragraph (1). 
(c) REVIEW; EXEMPTION.— 
(1) REVIEW.—The Secretary of Defense shall periodically 
review the defense articles and defense services subject to the 
registration and end-use monitoring requirements under sub-
section (b) to determine which defense articles and defense 
services, if any, should no longer be subject to such registration 
and end-use monitoring requirements. The Secretary of Defense 
shall submit to the specified congressional committees the 
results of each review conducted under this paragraph. 
(2) EXEMPTION.—The Secretary of Defense may exempt 
a defense article or defense service from the registration and 
end-use monitoring requirements under subsection (b) begin-
ning on the date that is 30 days after the date on which 
the Secretary provides notice of the proposed exemption to 
the specified congressional committees. Such notice shall 
describe any controls to be imposed on such defense article 
or defense service, as the case may be, under any other provi-
sion of law. 
(d) DEFINITIONS.—In this section: 
(1) DEFENSE ARTICLE.—The term ‘‘defense article’’ has the 
meaning given the term in section 644(d) of the Foreign Assist-
ance Act of 1961 (22 U.S.C. 2403(d)). 
(2) DEFENSE SERVICE.—The term ‘‘defense service’’ has the 
meaning given the term in section 644(f) of the Foreign Assist-
ance Act of 1961 (22 U.S.C. 2403(f)). 
(3) SMALL ARM.—The term ‘‘small arm’’ means— 
(A) a handgun or pistol; 
(B) a shoulder-fired weapon, including a sub-carbine, 
carbine, or rifle; 
(C) a light, medium, or heavy automatic weapon up 
to and including a .50 caliber machine gun; 
(D) a recoilless rifle up to and including 106mm; 
(E) a mortar up to and including 81mm; 
(F) a rocket launcher, man-portable; 
(G) a grenade launcher, rifle and shoulder fired; and 
(H) an individually-operated weapon which is portable 
or can be fired without special mounts or firing devices 
and which has potential use in civil disturbances and is 
vulnerable to theft. 
(4) SPECIFIED
CONGRESSIONAL
COMMITTEES.—The term 
‘‘specified congressional committees’’ means— 
(A) the Committee on Foreign Affairs and the Com-
mittee on Armed Services of the House of Representatives; 
and 
(B) the Committee on Foreign Relations and the Com-
mittee on Armed Services of the Senate. 
(e) EFFECTIVE DATE.— 
(1) IN GENERAL.—Except as provided in paragraph (2), this 
section shall take effect 180 days after the date of the enactment 
of this Act. 
(2) EXCEPTION.—The Secretary of Defense may delay the 
effective date of this section by an additional period of up 
to 120 days if the Secretary certifies in writing to the specified 
congressional committees for such additional period that it 
Time period. 
Certification. 
Effective date. 
Notification. 
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123 STAT. 2525 
PUBLIC LAW 111–84—OCT. 28, 2009 
is in the vital interest of the United States to do so and 
includes in the certification a description of such vital interest. 
SEC. 1226. REPORTS ON CAMPAIGN PLANS FOR IRAQ AND AFGHANI-
STAN. 
(a) REPORTS REQUIRED.—Not later than 180 days after the 
date of the enactment of this Act, the Comptroller General of 
the United States shall submit to the congressional defense commit-
tees separate reports containing assessments of the extent to which 
the campaign plan for Iraq and the campaign plan for Afghanistan 
(including the supporting and implementing documents for each 
such plan) each adhere to military doctrine (as defined in the 
Department of Defense’s Joint Publication 5–0, Joint Operation 
Planning), including the elements set forth in subsection (b). 
(b) MATTERS TO BE ASSESSED.—The matters to be included 
in the assessments required under subsection (a) are as follows: 
(1) The extent to which each campaign plan identifies 
and prioritizes the conditions that must be achieved in each 
phase of the campaign. 
(2) The extent to which each campaign plan reports the 
number of combat brigade teams and other forces required 
for each campaign phase. 
(3) The extent to which each campaign plan estimates 
the time needed to reach the desired end state and complete 
the military portion of the campaign. 
(c) UPDATE OF REPORT.—The Comptroller General shall submit 
to the congressional defense committees an update of the report 
on the campaign plan for Iraq or the campaign plan for Afghanistan 
required under subsection (a) whenever the campaign plan for 
Iraq or the campaign plan for Afghanistan, as the case may be, 
is substantially updated or altered. 
(d) EXCEPTION.—If the Comptroller General determines that 
a report submitted to Congress by the Comptroller General before 
the date of the enactment of this Act substantially meets the 
requirements of subsection (a) for the submission of a report on 
the campaign plan for Iraq or the campaign plan for Afghanistan, 
the Comptroller General shall so notify the congressional defense 
committees in writing, but shall provide an update of the report 
as required under subsection (c). 
(e) TERMINATION.— 
(1) REPORTS ON IRAQ.—The requirement to submit updates 
of reports on the campaign plan for Iraq under subsection 
(c) shall terminate on December 31, 2011. 
(2) REPORTS ON AFGHANISTAN.—The requirement to submit 
updates of reports on the campaign plan for Afghanistan under 
subsection (c) shall terminate on September 30, 2012. 
SEC. 1227. REPORT ON RESPONSIBLE REDEPLOYMENT OF UNITED 
STATES ARMED FORCES FROM IRAQ. 
(a) REPORT REQUIRED.—Not later than 90 days after the date 
of the enactment of this Act, or December 31, 2009, whichever 
occurs later, and every 90 days thereafter, the Secretary of Defense 
shall submit to the appropriate congressional committees a report 
concerning the responsible redeployment of United States Armed 
Forces from Iraq in accordance with the policy announced by the 
President on February 27, 2009, and the Agreement Between the 
50 USC 1541 
note. 
Determination. 
Notification. 
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123 STAT. 2526 
PUBLIC LAW 111–84—OCT. 28, 2009 
United States of America and the Republic of Iraq On the With-
drawal of United States Forces From Iraq and the Organization 
of Their Activities During Their Temporary Presence in Iraq. 
(b) ELEMENTS.—The report required under subsection (a) shall 
include the following elements: 
(1) The number of United States military personnel in 
Iraq by service and component for each month of the preceding 
90-day period and an estimate of the personnel levels in Iraq 
for the 90-day period following submission of the report. 
(2) The number and type of military installations in Iraq 
occupied by 100 or more United States military personnel and 
the number of such military installations closed, consolidated, 
or transferred to the Government of Iraq in the preceding 
90-day period. 
(3) An estimate of the number of military vehicles, con-
tainers of equipment, tons of ammunition, or other significant 
items belonging to the Department of Defense removed from 
Iraq during the preceding 90-day period, an estimate of the 
remaining amount of such items belonging to the Department 
of Defense, and an assessment of the likelihood of successfully 
removing, demilitarizing, or otherwise transferring all items 
belonging to the Department of Defense from Iraq on or before 
December 31, 2011. 
(4) An assessment of United States detainee operations 
and releases. Such assessment should include the total number 
of detainees held by the United States in Iraq, the number 
of detainees in each threat level category, the number of 
detainees who are not nationals of Iraq, the number of detainees 
transferred to Iraqi authorities, the number of detainees who 
were released from United States custody and the reasons 
for their release, and the number of detainees who having 
been released in the past were recaptured or had their remains 
identified planning or after carrying out attacks on United 
States or Coalition forces. 
(5) A listing of the objective and subjective factors utilized 
by the commander of Multi-National Force–Iraq, including any 
changes to that list in the case of an update to the report, 
to determine risk levels associated with the drawdown of United 
States Armed Forces, and the process and timing that will 
be utilized by the commander of Multi-National Force–Iraq 
and the Secretary of Defense to assess risk and make rec-
ommendations to the President about either continuing the 
redeployment of United States Armed Forces from Iraq in 
accordance with the schedule announced by the President or 
modifying the pace or timing of that redeployment. 
(c) INCLUSION IN OTHER REPORTS.—The report required under 
subsection (a) and any updates to the report may be included 
in any other required report on Iraq submitted to Congress by 
the Secretary of Defense. 
(d) FORM.—The report required under subsection (a), whether 
or not included in another report on Iraq submitted to Congress 
by the Secretary of Defense, may include a classified annex. 
(e) APPROPRIATE CONGRESSIONAL COMMITTEES.—In this section, 
the term ‘‘appropriate congressional committees’’ means— 
(1) the Committee on Armed Services, the Committee on 
Foreign Relations, the Select Committee on Intelligence, and 
the Committee on Appropriations of the Senate; and 
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123 STAT. 2527 
PUBLIC LAW 111–84—OCT. 28, 2009 
(2) the Committee on Armed Services, the Committee on 
Foreign Affairs, the Permanent Select Committee on Intel-
ligence, and the Committee on Appropriations of the House 
of Representatives. 
SEC. 1228. REPORT ON COMMUNITY-BASED SECURITY PROGRAMS IN 
AFGHANISTAN. 
(a) REPORT REQUIRED.—Not later than 120 days after the date 
of the enactment of this Act, the Secretary of Defense shall submit 
to the congressional defense committees a report on the Afghan 
Public Protection Program and other similar programs for commu-
nity-based security forces in Afghanistan (in this section collectively 
referred to as the ‘‘programs’’). 
(b) MATTERS TO BE INCLUDED.—The report required under 
subsection (a) shall include the following elements: 
(1) An assessment of the programs in Afghanistan, 
including, at a minimum, the following elements: 
(A) A listing and short description of the programs, 
including major elements of each program. 
(B) An evaluation of the changes in security conditions 
in the districts in which each program is located, from 
each program’s inception to the date of the report. 
(C) The extent to which the forces developed under 
the programs are generally representative of the ethnic 
groups in the respective districts in which the programs 
are located. 
(D) If the forces developed under the programs are 
appropriately representative of the geographic area of 
responsibility. 
(E) An assessment of the effectiveness of each program, 
including, to the extent practicable, the views of the local 
communities and Afghan national, provincial, and district 
governmental officials and leaders of the local communities. 
(F) Any formal reviews of the programs that are 
planned for the future and the timelines on which the 
reviews would be conducted, by whom the reviews would 
be conducted, and the criteria that would be used. 
(G) The selection criteria that were used to select mem-
bers of the program in the initial pilot districts and how 
the members were vetted. 
(H) The costs to the Department of Defense to support 
the program in the initial pilot districts, to include any 
Commanders’ Emergency Response Program funds spent 
as formal or informal incentives. 
(I) The roles of the Afghanistan National Security 
Forces (ANSF) in supporting and training forces under 
each program. 
(J) Any other criteria used to evaluate the programs 
by the Commander of United States Forces–Afghanistan. 
(2) An assessment of the future of the programs, including, 
at a minimum, the following elements: 
(A) A description of the goals and objectives expected 
to be met by the expansion of the programs or the establish-
ment of similar programs. 
(B) A description of how such expansions would support 
the functions of the Afghan National Police. 
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123 STAT. 2528 
PUBLIC LAW 111–84—OCT. 28, 2009 
(C) A description of how districts or provinces will 
be chosen to participate in the programs, including an 
explanation of the following: 
(i) What mechanisms the Government of Afghani-
stan will use to select additional districts or provinces, 
including participants in the decision process and the 
criteria used. 
(ii) How the views of relevant United States 
Government departments and agencies and of the 
North Atlantic Treaty Organization (NATO) Inter-
national Security Assistance Force (ISAF) will be taken 
into account by the Government of Afghanistan when 
choosing districts or provinces to participate in the 
programs. 
(iii) What process will be used to evaluate any 
changes to the programs as executed in the past to 
account for different or unique circumstances in addi-
tional areas of expansion. 
(D) An assessment of personnel, assets, or funding 
of the Department of Defense that would likely be required 
to support any expansion of the programs. 
(E) A description of the formal process, led by the 
Government of Afghanistan, that will be used to evaluate 
the programs, including a description of the following: 
(i) A listing of the criteria that are expected to 
be considered in the process. 
(ii) The roles in the process of— 
(I) the Government of Afghanistan; 
(II) 
relevant 
United 
States 
Government 
departments and agencies; 
(III) NATO-ISAF; 
(IV) nongovernmental representatives of the 
people of Afghanistan; and 
(V) any other appropriate individuals and enti-
ties. 
(F) A description of whether members of the forces 
developed under the programs will be transitioned to the 
ANSF or to other employment in the future, including 
a description of— 
(i) the process that will be used to transition the 
forces; 
(ii) additional training that may be required; and 
(iii) how decisions will be made to transition the 
forces to the ANSF or other employment. 
(G) The Afghan chain of command that will be used 
to implement the programs and provide command and con-
trol over the units created by the programs. 
SEC. 1229. UPDATES OF REPORT ON COMMAND AND CONTROL STRUC-
TURE FOR MILITARY FORCES OPERATING IN AFGHANI-
STAN. 
Section 1216(d) of the Duncan Hunter National Defense 
Authorization Act for Fiscal Year 2009 (Public Law 110–417; 122 
Stat. 4634) is amended by adding at the end the following new 
sentence: ‘‘Any update of the report required under subsection (c) 
may be included in the report required under section 1230 of 
10 USC 113 note. 
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123 STAT. 2529 
PUBLIC LAW 111–84—OCT. 28, 2009 
the National Defense Authorization Act for Fiscal Year 2008 (Public 
Law 110–181; 122 Stat. 385).’’. 
SEC. 1230. REPORT ON FEASIBILITY AND DESIRABILITY OF ESTAB-
LISHING GENERAL UNIFORM PROCEDURES AND GUIDE-
LINES FOR THE PROVISION OF MONETARY ASSISTANCE 
BY 
THE 
UNITED 
STATES 
TO 
CIVILIAN 
FOREIGN 
NATIONALS FOR LOSSES INCIDENT TO COMBAT ACTIVI-
TIES OF THE ARMED FORCES. 
(a) REPORT.—The Secretary of Defense shall submit to Congress 
a report on the feasibility and the desirability of establishing general 
uniform procedures and guidelines for the provision by the United 
States of monetary assistance to civilian foreign nationals for losses, 
injuries, or death (hereafter ‘‘harm’’) incident to combat activities 
of the United States Armed Forces. 
(b) MATTERS TO BE INCLUDED IN REPORT.—The Secretary shall 
include in the report the following: 
(1) A description of the authorities under laws in effect 
as of the date of the enactment of this Act for the United 
States to provide compensation, monetary payments, or other 
assistance to civilians who incur harm due directly or indirectly 
to the combat activities of the United States Armed Forces. 
(2) A description of the practices in effect as of the date 
of enactment of this Act for the United States to provide ex 
gratia, solatia, or other types of condolence payments to 
civilians who incur harm due directly or indirectly to the combat 
activities of the United States Armed Forces. 
(3) A discussion of the historic practice of the United States 
to provide compensation, other monetary payments, or other 
assistance to civilian foreign nationals who incur harm due 
directly or indirectly to combat activities of the United States 
Armed Forces. 
(4) A discussion of the practice of the United States in 
Operation Enduring Freedom and Operation Iraqi Freedom 
to provide compensation, other monetary payments, or other 
assistance to civilian foreign nationals who incur harm due 
directly or indirectly to the combat activities of the United 
States Armed Forces, including the procedures and guidelines 
used and an assessment of its effectiveness. This discussion 
will also include estimates of the total amount of funds dis-
bursed to civilian foreign nationals who have incurred harm 
since the inception of Operation Iraqi Freedom and Operation 
Enduring Freedom. This discussion will also include how such 
procedures and guidelines compare to the processing of claims 
filed under the Foreign Claims Act. 
(5) A discussion of the positive and negative effects of 
using different authorities, procedures, and guidelines to pro-
vide monetary assistance to civilian foreign nationals, based 
upon the culture and economic circumstances of the local popu-
lace and the operational impact on the military mission. This 
discussion will also include whether the use of different authori-
ties, procedures, and guidelines has resulted in disparate mone-
tary assistance to civilian foreign nationals who have incurred 
substantially similar harm, and if so, the frequency and effect 
of such results. 
(6) A discussion of the positive and negative effects of 
establishing general uniform procedures and guidelines for the 
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123 STAT. 2530 
PUBLIC LAW 111–84—OCT. 28, 2009 
provision of such assistance, based upon the goals of timely 
commencement of a program of monetary assistance, efficient 
and effective implementation of such program, and consistency 
in the amount of assistance in relation to the harm incurred. 
This discussion will also include whether the implementation 
of general uniform procedures and guidelines would create a 
legally enforceable entitlement to ‘‘compensation’’ and, if so, 
any potential significant operational impact arising from such 
an entitlement. 
(7) Assuming general uniform procedures and guidelines 
were to be established, a discussion of the following: 
(A) Whether such assistance should be limited to speci-
fied types of combat activities or operations, e.g., such 
as during counterinsurgency operations. 
(B) Whether such assistance should be contingent upon 
a formal determination that a particular combat activity/ 
operation is a qualifying activity, and the criteria, if any, 
for such a determination. 
(C) Whether a time limit from the date of loss for 
providing such assistance should be prescribed. 
(D) Whether only monetary or other types of assistance 
should be authorized, and what types of nonmonetary 
assistance, if any, should be authorized. 
(E) Whether monetary value limits should be placed 
on the assistance that may be provided, or whether the 
determination to provide assistance and, if so, the monetary 
value of such assistance, should be based, in whole or 
in part, on a legal advisor’s assessment of the facts. 
(F) Whether a written record of the determination 
to provide or to not provide such assistance should be 
maintained and a copy made available to the civilian for-
eign national. 
(G) Whether in the event of a determination to not 
provide such assistance the civilian foreign national should 
be afforded the option of a review of the determination 
by a higher ranking authority. 
(c) RECOMMENDATIONS.—The Secretary shall include in the 
report such recommendations as the Secretary considers appropriate 
for legislative or administrative action with respect to the matters 
discussed in the report. 
(d) SUBMISSION OF REPORT.—The report shall be submitted 
not later than 180 days after the date of the enactment of this 
Act. The report shall be submitted in unclassified form, but may 
include a classified annex. 
SEC. 1231. ASSESSMENT AND REPORT ON UNITED STATES-PAKISTAN 
MILITARY RELATIONS AND COOPERATION. 
(a) ASSESSMENT REQUIRED.—The Secretary of Defense, in con-
sultation with the Secretary of State, shall conduct an assessment 
of possible alternatives to reimbursements to Pakistan for logistical, 
military, or other support provided by Pakistan to or in connection 
with United States military operations, which could encourage the 
Pakistani military to undertake counterterrorism and counterinsur-
gency operations and achieve the goals and objectives for long- 
term United States-Pakistan military relations and cooperation. 
(b) REPORT.—Not later than 180 days after the date of the 
enactment of this Act, the Secretary of Defense shall submit to 
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123 STAT. 2531 
PUBLIC LAW 111–84—OCT. 28, 2009 
the appropriate congressional committees a report on the assess-
ment required under subsection (a). 
(c) FORM.—The report required under subsection (b) shall be 
submitted in unclassified form, but may include a classified annex 
if necessary. 
(d) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In 
this section, the term ‘‘appropriate congressional committees’’ 
means— 
(1) the Committee on Armed Services, the Committee on 
Foreign Affairs, and the Committee on Appropriations of the 
House of Representatives; and 
(2) the Committee on Armed Services, the Committee on 
Foreign Relations, and the Committee on Appropriations of 
the Senate. 
SEC. 1232. REPORT ON PROGRESS TOWARD SECURITY AND STABILITY 
IN PAKISTAN. 
(a) REPORT REQUIRED.—The President shall submit to Congress 
a report on the progress toward long-term security and stability 
in Pakistan. The report required under this subsection shall be 
submitted concurrent with the submission of each report under 
section 1232 of the National Defense Authorization Act for Fiscal 
Year 2008 (Public Law 110–181; 122 Stat. 392), as amended by 
section 1217 of the Duncan Hunter National Defense Authorization 
Act for Fiscal Year 2009 (Public Law 110–417; 122 Stat. 4634), 
on or after the date of the enactment of this Act. 
(b) ELEMENTS.—The report required under subsection (a) shall 
address, at a minimum, the following elements: 
(1) The effectiveness of efforts to achieve the following 
strategic goals: 
(A) To disrupt, dismantle, and defeat al Qa’ida, its 
affiliated networks, and other extremist forces in Pakistan. 
(B) To eliminate the safe havens for such forces in 
Pakistan. 
(C) To prevent the return of such forces to Pakistan 
or Afghanistan. 
(2) The effectiveness of United States security assistance 
to Pakistan to achieve the strategic goals described in para-
graph (1). 
(3) For any strategic goal addressed under this subsection, 
a description of any additional goals and objectives, and the 
timelines for meeting such goals and objectives. 
(4) A description of the metrics used to assess progress 
toward each goal and objective and along each timeline 
described in paragraph (3). 
(c) FORM.—The report required under subsection (a) shall be 
transmitted in unclassified form, but may contain a classified annex 
if necessary. 
SEC. 1233. REPEAL OF GAO WAR-RELATED REPORTING REQUIREMENT. 
Section 1221(c) of the National Defense Authorization Act for 
Fiscal Year 2006 (Public Law 109–163; 119 Stat. 3462) is amended 
by striking the following: ‘‘Based on these reports, the Comptroller 
General shall provide to Congress quarterly updates on the costs 
of Operation Iraqi Freedom and Operation Enduring Freedom.’’. 
10 USC 113 note. 
President. 
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123 STAT. 2532 
PUBLIC LAW 111–84—OCT. 28, 2009 
SEC. 1234. AUTHORITY TO TRANSFER DEFENSE ARTICLES AND PRO-
VIDE DEFENSE SERVICES TO THE MILITARY AND SECU-
RITY FORCES OF IRAQ AND AFGHANISTAN. 
(a) AUTHORITY.—The Secretary of Defense, with the concurrence 
of the Secretary of State, is authorized to transfer defense articles 
from the stocks of the Department of Defense, without reimburse-
ment from the Government of Iraq or the Government of Afghani-
stan, and to provide defense services in connection with the transfer 
of such defense articles, to— 
(1) the military and security forces of Iraq to support the 
efforts of those forces to restore and maintain peace and secu-
rity in that country; and 
(2) the military and security forces of Afghanistan to sup-
port the efforts of those forces to restore and maintain peace 
and security in that country. 
(b) LIMITATIONS.— 
(1) VALUE.—The aggregate replacement value of all defense 
articles transferred and defense services provided under sub-
section (a) may not exceed $750,000,000. 
(2) SOURCE
OF
TRANSFERRED
DEFENSE
ARTICLES.—The 
authority under subsection (a) may only be used for defense 
articles that— 
(A)(i) were present in Iraq as of the date of the enact-
ment of this Act; 
(ii) immediately before the transfer were in use to 
support operations in Iraq; and 
(iii) are no longer required by United States forces 
in Iraq; or 
(B)(i) were present in Kuwait as of the date of enact-
ment of this Act; 
(ii) prior to being transferred to Kuwait were in use 
to support operations in Iraq; and 
(iii) are no longer required by United States forces 
in Iraq or Kuwait (as the case may be). 
(c) APPLICABLE
LAW.—Any defense articles transferred or 
defense services provided to Iraq or Afghanistan under the authority 
of subsection (a) shall be subject to the authorities and limitations 
applicable to excess defense articles under section 516 of the Foreign 
Assistance Act of 1961 (22 U.S.C. 2321j), other than the authorities 
and limitations contained in subsections (b)(1)(B), (e), (f), and (g) 
of such section. 
(d) REPORT.— 
(1) IN GENERAL.—The Secretary of Defense may not exercise 
the authority under subsection (a) until 30 days after the 
Secretary of Defense, with the concurrence of the Secretary 
of State, provides the appropriate congressional committees 
a report on the plan for the disposition of equipment and 
other property of the Department of Defense in Iraq or Kuwait 
(as the case may be). 
(2) ELEMENTS OF REPORT.—The report required under para-
graph (1) shall include the following elements: 
(A) An assessment of— 
(i) the types and quantities of defense articles 
required by the military and security forces of Iraq 
to support the efforts of those military and security 
forces to restore and maintain peace and security in 
Iraq; and 
Time period. 
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123 STAT. 2533 
PUBLIC LAW 111–84—OCT. 28, 2009 
(ii) the types and quantities of defense articles 
required by the military and security forces of Afghani-
stan to support the efforts of those military and secu-
rity forces to restore and maintain peace and security 
in Afghanistan. 
(B) A description of the authorities available for 
addressing the requirements identified in subparagraph 
(A). 
(C) A description of the process for inventorying equip-
ment and property, including defense articles, in Iraq or 
Kuwait owned by the Department of Defense, including 
equipment and property owned by the Department of 
Defense and under the control of contractors in Iraq. 
(D) A description of the types of defense articles that 
the Department of Defense intends to transfer to the mili-
tary and security forces of Iraq and an estimate of the 
quantity of such defense articles to be transferred. 
(E) A description of the types of defense articles that 
the Department of Defense intends to transfer to the mili-
tary and security forces of Afghanistan and an estimate 
of the quantity of such defense articles to be transferred. 
(F) A description of the process by which potential 
requirements, including requirements related to responding 
to natural disasters and other domestic emergencies in 
the continental United States, for defense articles to be 
transferred under the authority provided in subsection (a), 
other than the requirements of the security forces of Iraq 
or Afghanistan, are identified and the mechanism for 
resolving any potential conflicting requirements for such 
defense articles. 
(G) A description of the plan, if any, for reimbursing 
military departments from which non-excess defense arti-
cles are transferred under the authority provided in sub-
section (a). 
(H) An assessment of the efforts by the Government 
of Iraq to identify the requirements of the military and 
security forces of Iraq for defense articles to support the 
efforts of those forces to restore and maintain peace and 
security in that country. 
(I) An assessment of the ability of the Governments 
of Iraq and Afghanistan to absorb the costs associated 
with possessing and using the defense articles to be trans-
ferred. 
(J) A description of the steps taken by the Government 
of Iraq to procure or acquire defense articles to meet the 
requirements of the military and security forces of Iraq, 
including through military sales from the United States. 
(e) NOTIFICATION.— 
(1) IN
GENERAL.—The Secretary of Defense may not 
transfer defense articles or provide defense services under sub-
section (a) until 15 days after the date on which the Secretary 
of Defense, with the concurrence of the Secretary of State, 
has provided notice of the proposed transfer of defense articles 
or provision of defense services to the appropriate congressional 
committees. 
(2) CONTENTS.—Such notification shall include— 
Time period. 
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123 STAT. 2534 
PUBLIC LAW 111–84—OCT. 28, 2009 
(A) a description of the amount and type of each 
defense article to be transferred or defense services to 
be provided; 
(B) a statement describing the current value of such 
article and the estimated replacement value of such article; 
(C) a description of whether the article is considered 
to be an excess defense article or a non-excess defense 
article; 
(D) an identification of the military department from 
which the defense articles being transferred are drawn; 
(E) an identification of the element of the military 
or security force that is the proposed recipient of each 
defense article to be transferred or defense service to be 
provided; and 
(F) a certification and determination by the Secretary 
of Defense that— 
(i) the defense articles to be transferred are 
required by the military and security forces of Iraq 
or the military and security forces of Afghanistan, as 
applicable, to build their capacity to restore and main-
tain peace and security in their country; 
(ii) the government of the recipient country has 
agreed to accept and take possession of the defense 
articles to be transferred and to receive the defense 
services in connection with that transfer; and 
(iii) the proposed transfer of such defense articles 
and the provision of defense services in connection 
with such transfer is in the national interest of the 
United States. 
(f) QUARTERLY REPORT.— 
(1) IN GENERAL.—Not later than 90 days after the date 
of the report provided under subsection (d), and every 90 days 
thereafter during fiscal year 2010, the Secretary of Defense 
shall report to the appropriate congressional committees on 
the implementation of the authority under subsection (a). The 
report shall include the replacement value of defense articles 
transferred pursuant to subsection (a), both in the aggregate 
and by military department, and services provided to Iraq 
and Afghanistan during the previous 90 days. 
(2) INCLUSION
IN
OTHER
REPORT.—The report required 
under paragraph (1) may be included in the report required 
under section 9204 of the Supplemental Appropriations Act, 
2008 (Public Law 110–252; 122 Stat. 2410) or any follow on 
report to such other report. 
(g) DEFINITIONS.—In this section: 
(1) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term 
‘‘appropriate congressional committees’’ means— 
(A) the Committee on Appropriations, the Committee 
on Armed Services, and the Committee on Foreign Affairs 
of the House of Representatives; and 
(B) the Committee on Appropriations, the Committee 
on Armed Services, and the Committee on Foreign Rela-
tions of the Senate. 
(2) DEFENSE ARTICLES.—The term ‘‘defense articles’’ has 
the meaning given the term in section 644(d) of the Foreign 
Assistance Act of 1961 (22 U.S.C. 2403(d)). 
Certification. 
Determination. 
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123 STAT. 2535 
PUBLIC LAW 111–84—OCT. 28, 2009 
(3) DEFENSE SERVICES.—The term ‘‘defense services’’ has 
the meaning given the term in section 644(f) of such Act (22 
U.S.C. 2403(f)). 
(4) MILITARY AND SECURITY FORCES.—The term ‘‘military 
and security forces’’ means national armies, national air forces, 
national navies, national guard forces, police forces and border 
security forces, but does not include non-governmental or irreg-
ular forces (such as private militias). 
(h) EXPIRATION.—The authority provided under subsection (a) 
may not be exercised after September 30, 2010. 
(i) EXCESS DEFENSE ARTICLES.— 
(1) ADDITIONAL
AUTHORITY.—The authority provided by 
subsection (a) is in addition to the authority provided by section 
516 of the Foreign Assistance Act of 1961. 
(2) AGGREGATE VALUE.—The value of excess defense articles 
transferred to Iraq or Afghanistan during fiscal year 2010 
pursuant to section 516 of the Foreign Assistance Act of 1961 
shall not be counted against the limitation on the aggregate 
value of excess defense articles transferred contained in sub-
section (g) of such Act or against the limitation on the aggregate 
value of defense articles transferred contained in subsection 
(b)(1) of this section. 
(j) RULE OF CONSTRUCTION.—Nothing in this section shall be 
construed as to provide the authority to refurbish, transport, or 
otherwise assist in the transfer to Iraq or Afghanistan of excess 
defense articles outside of Iraq or Kuwait as of the date of the 
enactment of this Act. 
SEC. 1235. ANALYSIS OF REQUIRED FORCE LEVELS AND TYPES OF 
FORCES NEEDED TO SECURE SOUTHERN AND EASTERN 
REGIONS OF AFGHANISTAN. 
(a) STUDY REQUIRED.—The Secretary of Defense may, in sup-
port of the Commander of United States Forces for Afghanistan 
(USFOR-A), enter into a contract with a Federally Funded Research 
Development Center (FFRDC) to provide an analysis of the required 
force levels and types of forces needed to implement the Com-
mander’s strategic objectives in Afghanistan, including securing 
the southern and eastern regions of Afghanistan in order to provide 
a space for the Government of Afghanistan to establish effective 
government control and provide the Afghan security forces with 
the required training and mentoring. 
(b) FUNDING.—From funds made available for the Department 
of Defense by section 301(5) for operation and maintenance, 
Defense-wide activities, $3,000,000 may be used to carry out sub-
section (a). 
SEC. 1236. MODIFICATION OF REPORT ON PROGRESS TOWARD SECU-
RITY AND STABILITY IN AFGHANISTAN. 
(a) REPORT REQUIRED.—Subsection (a) of section 1230 of the 
National Defense Authorization Act for Fiscal Year 2008 (Public 
Law 110–181; 122 Stat. 385) is amended by striking ‘‘2010’’ and 
inserting ‘‘2011’’. 
(b) MATTERS TO BE INCLUDED: STRATEGIC DIRECTION OF UNITED 
STATES
ACTIVITIES
RELATING
TO
SECURITY
AND
STABILITY
IN 
AFGHANISTAN.—Subsection (c) of such section is amended— 
(1) in paragraph (1)— 
(A) by redesignating subparagraph (B) as subpara-
graph (C); and 
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123 STAT. 2536 
PUBLIC LAW 111–84—OCT. 28, 2009 
(B) by inserting after subparagraph (A) the following 
new subparagraph: 
‘‘(B) A description of commitments or agreements by 
NATO ISAF countries regarding the following: 
‘‘(i) Mutually agreed upon goals. 
‘‘(ii) Strategies to achieve such goals. 
‘‘(iii) Resource and force requirements. 
‘‘(iv) 
Commitments 
and 
pledges 
of 
support 
regarding troops and resource levels.’’; 
(2) by redesignating paragraphs (2) through (6) as para-
graphs (3) through (7), respectively; and 
(3) by inserting after paragraph (1) the following new para-
graph: 
‘‘(2) NON-NATO
ISAF
TROOP-CONTRIBUTING
COUNTRIES.—A 
description of commitments or agreements with non-NATO 
ISAF troop-contributing countries regarding the following: 
‘‘(A) Mutually agreed upon goals. 
‘‘(B) Strategies to achieve such goals. 
‘‘(C) Resource and force requirements. 
‘‘(D) Commitments and pledges of support regarding 
troops and resource levels.’’. 
(c) MATTERS TO BE INCLUDED: PERFORMANCE INDICATORS AND 
MEASURES OF PROGRESS TOWARD SUSTAINABLE LONG-TERM SECU-
RITY AND STABILITY IN AFGHANISTAN.—Subsection (d)(2) of such 
section is amended— 
(1) in subparagraph (A), by striking ‘‘individual NATO ISAF 
countries’’ and inserting ‘‘each individual NATO ISAF country’’; 
(2) by redesignating subparagraphs (C) through (K) as sub-
paragraphs (D) through (L), respectively; 
(3) by inserting after subparagraph (B) the following new 
subparagraph: 
‘‘(C) With respect to non-NATO ISAF troop-contrib-
uting countries, a listing of contributions from each indi-
vidual country, including levels of troops and equipment, 
the effect of contributions on operations, and unfulfilled 
commitments.’’; 
(4) by redesignating subparagraphs (F) through (L) (as 
redesignated) as subparagraphs (G) through (M), respectively; 
(5) by inserting after subparagraph (E) (as redesignated) 
the following new subparagraph: 
‘‘(F) An assessment of progress in ending the ability 
of the insurgency (including the Taliban, Al Qaeda, and 
other anti-government elements), to establish control over 
the population of Afghanistan or regions of Afghanistan 
and establish safe havens in Afghanistan, and to conduct 
attacks inside or outside Afghanistan from such safe 
havens.’’; and 
(6) in subparagraph (J) (as redesignated)— 
(A) by redesignating clause (ii) as clause (iv); and 
(B) by inserting after clause (i) the following: 
‘‘(ii) The coordination of reconstruction and 
development activities in Afghanistan, including— 
‘‘(I) the roles of members of the Armed Forces 
and non-Armed Forces personnel within the 
staffing of United States-led Provincial Reconstruc-
tion Teams; 
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123 STAT. 2537 
PUBLIC LAW 111–84—OCT. 28, 2009 
‘‘(II) the use of members of the Armed Forces 
for reconstruction, development, and capacity 
building programs outside the jurisdiction of the 
Department of Defense; and 
‘‘(III) the coordination between United States- 
led and other international-led programs to 
develop the capacity of national, provincial, and 
local government and other civil institutions as 
well as reconstruction and development activities 
in Afghanistan. 
‘‘(iii) Unfilled staffing and resource requirements 
for United States reconstruction, development, and 
civil institution capacity building programs.’’. 
(d) CONFORMING AMENDMENT.—Subsection (d)(2) of such sec-
tion, as amended, is further amended in subparagraph (K) (as 
redesignated) by striking ‘‘subsection (c)(4)’’ and inserting ‘‘sub-
section (c)(5)’’. 
(e) EFFECTIVE DATE.—The amendments made by this section 
shall apply with respect to any report required to be submitted 
under section 1230 of the National Defense Authorization Act for 
Fiscal Year 2008 (Public Law 110–181; 122 Stat. 385) after 
December 31, 2009. 
SEC. 1237. NO PERMANENT MILITARY BASES IN AFGHANISTAN. 
None of the funds authorized to be appropriated by this Act 
may be obligated or expended by the United States Government 
to establish any military installation or base for the purpose of 
providing for the permanent stationing of United States Armed 
Forces in Afghanistan. 
Subtitle C—Other Matters 
SEC. 1241. REPORT ON UNITED STATES ENGAGEMENT WITH IRAN. 
(a) IN GENERAL.—Not later than January 31, 2010, the Presi-
dent shall submit to Congress a report on United States engagement 
with Iran. 
(b) ELEMENTS.—The report required by subsection (a) shall 
include the following: 
(1) DIPLOMATIC ENGAGEMENT.—With respect to diplomatic 
engagement, the following: 
(A) A description of areas of mutual interest to the 
Government of the United States and the Government 
of the Islamic Republic of Iran in which cooperation and 
discussion could be of mutual interest. 
(B) A discussion and assessment of the commitment 
of the Government of the Islamic Republic of Iran to engage 
in good-faith discussions with the United States to resolve 
matters of concern through negotiation. 
(C) An assessment of direct contacts between the 
Government of the United States and the Government 
of the Islamic Republic of Iran, including any direct discus-
sions, exchange of letters, or other activities. 
(2) SUPPORT FOR TERRORISM.—An assessment of the types 
and amount of support provided by Iran to groups designated 
by the United States as foreign terrorist organizations and 
President. 
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123 STAT. 2538 
PUBLIC LAW 111–84—OCT. 28, 2009 
regional militant groups, including organizations and groups 
present in Iraq and Afghanistan. 
(3) NUCLEAR ACTIVITIES.—With respect to nuclear activities, 
an assessment of the extent to which the Government of the 
Islamic Republic of Iran has complied with United Nations 
Security Council Resolutions 1696 (2006), 1737 (2006), 1747 
(2007), 1803 (2008), and 1835 (2008), and with any other 
applicable resolutions adopted by the United Nations Security 
Council as of the date of the report. 
(4) MISSILE ACTIVITIES.—With respect to missile activities, 
an assessment of the extent to which the Government of the 
Islamic Republic of Iran has continued development of its bal-
listic missile program, including participation in any imports 
or exports of any items, materials, goods, and technologies 
related to that program and has complied with applicable 
United Nations Security Council Resolutions. 
(5) SUPPORT TO NARCOTICS NETWORK IN AFGHANISTAN.— 
With respect to support to the narcotics network in Afghanistan, 
an assessment of the extent to which the Government of the 
Islamic Republic of Iran, or agencies under that government, 
has or have supported or facilitated the narcotics trade in 
Afghanistan. 
(6) SANCTIONS AGAINST IRAN.—With regard to sanctions 
against Iran— 
(A) a list of all current United States bilateral and 
multilateral sanctions against Iran; 
(B) a description and discussion of United States diplo-
matic efforts to enforce bilateral and multilateral sanctions 
against Iran and to strengthen international efforts to 
enforce such sanctions; 
(C) an assessment of the impact and effectiveness of 
existing bilateral and multilateral sanctions against Iran 
in achieving United States goals; 
(D) a list of all United States and foreign registered 
entities that the Secretary of State has determined to be 
engaged in activities in violation of existing United States 
bilateral or multilateral sanctions against Iran; and 
(E) a summary of United States efforts to enforce sanc-
tions against Iran, including— 
(i) a list of all investigations initiated in the 18- 
month period ending on the date of the enactment 
of this Act that have resulted in a determination that 
activities subject to sanctions have occurred; and 
(ii) a description of the actions taken by the United 
States Government pursuant to each such determina-
tion. 
(c) SUBMITTAL OF SIMILAR REPORTS AND MATERIALS.—If any 
report or other material, whether required by law or not, submitted 
to Congress or any committee of Congress substantially responds 
to any requirement contained in this section, such requirement 
shall be considered to have been satisfied by including in the 
report required by subsection (a) a listing the title and date of 
the other such report or material so submitted. 
(d) SUBMITTAL IN CLASSIFIED FORM.—The report required by 
subsection (a), or any part of such report, may be submitted in 
classified form if the President considers it appropriate. 
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123 STAT. 2539 
PUBLIC LAW 111–84—OCT. 28, 2009 
SEC. 1242. ANNUAL COUNTERTERRORISM STATUS REPORTS. 
(a) SHORT TITLE.—This section may be cited as the ‘‘Success 
in Countering Al Qaeda Reporting Requirements Act of 2009’’. 
(b) ANNUAL COUNTERTERRORISM STATUS REPORTS.— 
(1) IN GENERAL.—Not later than September 30, 2010, and 
every September 30 thereafter until September 30, 2012, the 
President shall submit to Congress a report that contains, 
for the most recent 12-month period, a review of the counterter-
rorism strategy of the United States Government, including— 
(A) a detailed assessment of the scope, status, and 
progress of United States counterterrorism efforts in 
fighting Al Qaeda and its related affiliates and under-
mining long-term support for violent extremism; 
(B) a judgment on the adequacy of interagency integra-
tion of the counterterrorism programs and activities of 
the Department of Defense, the Central Intelligence 
Agency, the Department of State, the Department of the 
Treasury, the Department of Homeland Security, the 
Department of Justice, and other Federal departments and 
agencies and the balance of resource commitments among 
such departments and agencies; 
(C) a delineation of the boundaries and integration 
between— 
(i) the strategic operational planning role of the 
National Counterterrorism Center (NCTC) for counter-
terrorism; 
(ii) the operational planning role of the Depart-
ment of Defense and, if applicable, the Central Intel-
ligence Agency, for counterinsurgency and foreign 
internal defense; 
(iii) the operational planning role of the Depart-
ment of State and other Federal departments and agen-
cies for diplomacy and foreign assistance to promote 
stability, human rights, prosperity, and other general 
United States foreign policy goals; and 
(iv) the role of the President’s National Security 
Council staff to coordinate the national security inter-
agency process; 
(D) a determination of whether the NCTC exercises 
the authority and has the resources and expertise required 
to fulfill the interagency strategic and operational planning 
role described in section 119(j) of the National Security 
Act of 1947 (50 U.S.C. 404o), as added by section 1012 
of the National Security Intelligence Reform Act of 2004 
(title I of Public Law 108–458); 
(E) a description of the efforts of the United States 
Government to combat Al Qaeda and its related affiliates 
and undermine violent extremist ideology, which shall 
include— 
(i) a specific list of the President’s highest global 
counterterrorism priorities; 
(ii) a description of the most challenging areas 
for progress, in meeting the priorities described in 
clause (i); and 
(iii) efforts in those countries in which the Presi-
dent determines that— 
Determination. 
Assessment. 
President. 
Success in 
Countering Al 
Qaeda Reporting 
Requirements 
Act of 2009. 
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123 STAT. 2540 
PUBLIC LAW 111–84—OCT. 28, 2009 
(I) Al Qaeda and its related affiliates have 
a presence; or 
(II) acts of international terrorism have been 
perpetrated by Al Qaeda and its related affiliates; 
(F) a specific list of United States counterterrorism 
efforts, and the specific status and achievements of such 
efforts, through integrated military, financial, political, 
intelligence, paramilitary, economic, and law enforcement 
elements, relating to— 
(i) bilateral security and training programs; 
(ii) law enforcement and border security; 
(iii) the disruption of terrorist networks; and 
(iv) the denial of terrorist safe havens and sanc-
tuaries; 
(G) a description of United States Government activi-
ties to counter terrorist recruitment and radicalization, 
including coordinated interagency— 
(i) strategic communications; 
(ii) public diplomacy; 
(iii) support for economic development and political 
reform; and 
(iv) other efforts aimed at influencing public 
opinion; 
(H) United States Government initiatives to eliminate 
direct and indirect international financial support for the 
activities of terrorist groups; 
(I) activities by foreign governments to combat Al 
Qaeda and its related affiliates and undermine violent 
extremism, and the extent of their cooperation with the 
United States Government; 
(J) an analysis of the extent to which specific Federal 
appropriations— 
(i) have been mapped to agency tasks as directed 
in the NCTC’s National Implementation Plan; 
(ii) have produced tangible, calculable results in 
efforts to combat and defeat Al Qaeda, its related affili-
ates, and its violent ideology; or 
(iii) contribute to investments that have expected 
payoffs in the medium- to long-term; 
(K) statistical assessments, including those developed 
by the National Counterterrorism Center, on the number 
of individuals belonging to Al Qaeda and its related affili-
ates that have been killed, injured, or taken into custody 
as a result of United States and foreign government 
counterterrorism efforts as compared to estimates of the 
total number of personnel belonging to Al Qaeda and its 
related affiliates; and 
(L) a concise summary of the methods used by all 
elements of the United States Government to assess and 
evaluate progress in the Nation’s overall counterterrorism 
efforts, including the use of specific measures, metrics, 
and indices. 
(2) INTERAGENCY
COOPERATION.—In preparing a report 
under this subsection, the President shall include relevant 
information maintained by— 
(A) the National Counterterrorism Center and the 
National Counterproliferation Center; 
President. 
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123 STAT. 2541 
PUBLIC LAW 111–84—OCT. 28, 2009 
(B) the Department of Justice, including the Federal 
Bureau of Investigation; 
(C) the Department of State; 
(D) the Department of Defense; 
(E) the Department of Homeland Security; 
(F) the Department of the Treasury; 
(G) the Office of the Director of National Intelligence, 
including the Central Intelligence Agency; 
(H) the Office of Management and Budget; 
(I) the United States Agency for International Develop-
ment; and 
(J) any other Federal department that maintains rel-
evant information. 
(3) REPORT CLASSIFICATION.—Each report required under 
this subsection shall be submitted in an unclassified form, 
to the maximum extent practicable, and accompanied by a 
classified appendix, as appropriate. 
SEC. 1243. REPORT ON UNITED STATES CONTRIBUTIONS TO THE 
UNITED NATIONS. 
Section 1225 of the John Warner National Defense Authoriza-
tion Act for Fiscal Year 2007 (Public Law 109–364; 120 Stat. 2424) 
is amended— 
(1) in subsection (a), by striking ‘‘until December 31, 2010, 
the President shall submit’’ and inserting ‘‘until September 
30, 2011, the Director of the Office of Management and Budget 
shall submit’’; and 
(2) by adding at the end the following: 
‘‘(c) PUBLIC AVAILABILITY OF INFORMATION.—The Director of 
the Office of Management and Budget shall post a public version 
of each report submitted under subsection (a) on a text-based 
searchable and publicly available Internet Web site.’’. 
SEC. 1244. NATO SPECIAL OPERATIONS COORDINATION CENTER. 
(a) AUTHORIZATION.—Of the amounts authorized to be appro-
priated for fiscal year 2010 pursuant to section 301(1) for operation 
and maintenance for the Army, to be derived from amounts made 
available for support of North Atlantic Treaty Organization (herein-
after in this section referred to as ‘‘NATO’’) operations, the Secretary 
of Defense is authorized to use up to $30,000,000 for the purposes 
set forth in subsection (b). 
(b) PURPOSES.—The Secretary shall provide funds for the NATO 
Special Operations Coordination Center (hereinafter in this section 
referred to as the ‘‘NSCC’’) to— 
(1) improve coordination and cooperation between the spe-
cial operations forces of NATO nations; 
(2) facilitate joint operations by the special operations forces 
of NATO nations; 
(3) support special operations forces peculiar command, 
control, and communications capabilities; 
(4) promote special operations forces intelligence and 
informational requirements within the NATO structure; and 
(5) promote interoperability through the development of 
common equipment standards, tactics, techniques, and proce-
dures, and through execution of a multinational education and 
training program. 
(c) CERTIFICATION.—Not less than 180 days after the date of 
enactment of this Act, the Secretary shall certify to the Committees 
Deadline. 
Web posting. 
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123 STAT. 2542 
PUBLIC LAW 111–84—OCT. 28, 2009 
on Armed Services of the Senate and House of Representatives 
that the Secretary of Defense has assigned executive agent responsi-
bility for the NSCC to an appropriate organization within the 
Department of Defense, and detail the steps being undertaken 
by the Department of Defense to strengthen the role of the NSCC 
in fostering special operations capabilities within NATO. 
SEC. 1245. ANNUAL REPORT ON MILITARY POWER OF IRAN. 
(a) ANNUAL REPORT.—Not later than January 30 of each year, 
the Secretary of Defense shall submit to Congress a report, in 
both classified and unclassified form, on the current and future 
military strategy of Iran. 
(b) MATTERS TO BE INCLUDED.—The report required under sub-
section (a) shall include a description of the security posture of 
Iran, including at least the following: 
(1) A description and assessment of Iranian grand strategy, 
security strategy, and military strategy, including— 
(A) the goals of Iran’s grand strategy, security strategy, 
and military strategy. 
(B) trends in Iran’s strategy that would be designed 
to establish Iran as the leading power in the Middle East 
and to enhance the influence of Iran in other regions of 
the world; and 
(C) Iranian strategy regarding other countries in the 
region, including other specified countries. 
(2) An assessment of the capabilities of Iran’s conventional 
forces, including— 
(A) the size and capabilities of Iran’s conventional 
forces; 
(B) an analysis of the effectiveness of Iran’s conven-
tional forces when facing United States forces in the region 
and other specified countries; 
(C) a description of Iranian military doctrine; and 
(D) an estimate of the funding provided for each branch 
of Iran’s conventional forces. 
(3) An assessment of Iran’s unconventional forces and 
related activities, including— 
(A) the size and capability of Iranian special operations 
units, including the Iranian Revolutionary Guard Corps– 
Quds Force; 
(B) the types and amount of support, including funding, 
lethal and non-lethal supplies, and training, provided to 
groups designated by the United States as foreign terrorist 
organizations and regional militant groups, including 
Hezbollah, Hamas, and the Special Groups in Iraq, in 
particular those forces as having been assessed as to be 
willing to carry out terrorist operations on behalf of Iran 
or in response to a military attack by another country 
on Iran; 
(C) an analysis of the effectiveness of Iran’s unconven-
tional forces when facing United States forces in the region 
and other specified countries in the region; and 
(D) an estimate of the amount of funds spent by Iran 
to develop and support special operations forces and ter-
rorist groups. 
(4) An assessment of Iranian capabilities related to nuclear 
and missile forces, including— 
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123 STAT. 2543 
PUBLIC LAW 111–84—OCT. 28, 2009 
(A) a summary of nuclear weapons capabilities and 
developments in the preceding year; 
(B) a summary of the capabilities of Iran’s ballistic 
missile forces, including developments in the preceding 
year, the size of Iran’s ballistic missile forces and Iran’s 
cruise missile forces, and the locations of missile launch 
sites; 
(C) a detailed analysis of the effectiveness of Iran’s 
ballistic missile forces and Iran’s cruise missile forces when 
facing United States forces in the region and other specified 
countries; and 
(D) an estimate of the amount of funding expended 
by Iran since 2004 on programs to develop a capability 
to build nuclear weapons or to enhance Iran’s ballistic 
missile forces. 
(c) DEFINITIONS.—In this section: 
(1) IRAN’S
CONVENTIONAL
FORCES.—The term ‘‘Iran’s 
conventional forces’’— 
(A) means military forces of the Islamic Republic of 
Iran designed to conduct operations on sea, air, or land, 
other than Iran’s unconventional forces and Iran’s ballistic 
missile forces and Iran’s cruise missile forces; and 
(B) includes Iran’s Army, Iran’s Air Force, Iran’s Navy, 
and elements of the Iranian Revolutionary Guard Corps, 
other than the Iranian Revolutionary Guard Corps–Quds 
Force. 
(2) IRAN’S
UNCONVENTIONAL
FORCES.—The term ‘‘Iran’s 
unconventional forces’’— 
(A) means forces of the Islamic Republic of Iran that 
carry out missions typically associated with special oper-
ations forces; and 
(B) includes— 
(i) the Iranian Revolutionary Guard Corps–Quds 
Force; and 
(ii) any organization that— 
(I) has been designated a terrorist organization 
by the United States; 
(II) receives assistance from Iran; and 
(III)(aa) is assessed as being willing in some 
or all cases of carrying out attacks on behalf of 
Iran; or 
(bb) is assessed as likely to carry out attacks 
in response to a military attack by another country 
on Iran. 
(3) IRAN’S
BALLISTIC
MISSILE
FORCES.—The term ‘‘Iran’s 
ballistic missile forces’’ means those elements of the military 
forces of Iran that employ ballistic missiles. 
(4) IRAN’S CRUISE MISSILE FORCES.—The term ‘‘Iran’s cruise 
missile forces’’ means those elements of the military forces 
of Iran that employ cruise missiles capable of flights less than 
500 kilometers. 
(5) SPECIFIED COUNTRIES.—The term ‘‘specified countries’’ 
means the countries in the same geographic region as Iran, 
including Israel, Lebanon, Syria, Jordan, Iraq, Afghanistan, 
Saudi Arabia, Turkey, Bahrain, Kuwait, the United Arab Emir-
ates, Armenia, and Azerbaijan. 
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123 STAT. 2544 
PUBLIC LAW 111–84—OCT. 28, 2009 
(d) TERMINATION.—The requirement to submit the report 
required under subsection (a) shall terminate on December 31, 
2014. 
SEC. 1246. ANNUAL REPORT ON MILITARY AND SECURITY DEVELOP-
MENTS INVOLVING THE PEOPLE’S REPUBLIC OF CHINA. 
(a) ANNUAL REPORT.—Subsection (a) of section 1202 of the 
National Defense Authorization Act for Fiscal Year 2000 (Public 
Law 106–65; 113 Stat. 781; 10 U.S.C. 113 note) is amended— 
(1) in the first sentence, by striking ‘‘on the current and 
future military strategy of the People’s Republic of China’’ 
and inserting ‘‘on military and security developments involving 
the People’s Republic of China’’; 
(2) in the second sentence— 
(A) by striking ‘‘on the People’s Liberation Army’’ and 
inserting ‘‘of the People’s Liberation Army’’; and 
(B) by striking ‘‘Chinese grand strategy, security 
strategy,’’ and inserting ‘‘Chinese security strategy’’; and 
(3) by adding at the end the following new sentence: ‘‘The 
report shall also address United States-China engagement and 
cooperation on security matters during the period covered by 
the report, including through United States-China military- 
to-military contacts, and the United States strategy for such 
engagement and cooperation in the future.’’. 
(b) MATTERS TO BE INCLUDED.—Subsection (b) of such section, 
as amended by section 1263 of the National Defense Authorization 
Act for Fiscal Year 2008 (Public Law 110–181; 122 Stat. 407), 
is further amended— 
(1) in paragraph (1)— 
(A) by striking ‘‘goals of’’ inserting ‘‘goals and factors 
shaping’’; and 
(B) by striking ‘‘Chinese grand strategy, security 
strategy,’’ and inserting ‘‘Chinese security strategy’’; 
(2) by amending paragraph (2) to read as follows: 
‘‘(2) Trends in Chinese security and military behavior that 
would be designed to achieve, or that are inconsistent with, 
the goals described in paragraph (1).’’; 
(3) in paragraph (6)— 
(A) by inserting ‘‘and training’’ after ‘‘military doctrine’’; 
and 
(B) by striking ‘‘, focusing on (but not limited to) efforts 
to exploit a transformation in military affairs or to conduct 
preemptive strikes’’; and 
(4) by adding at the end the following new paragraphs: 
‘‘(10) In consultation with the Secretary of Energy and 
the Secretary of State, developments regarding United States- 
China engagement and cooperation on security matters. 
‘‘(11) The current state of United States military-to-military 
contacts with the People’s Liberation Army, which shall include 
the following: 
‘‘(A) A comprehensive and coordinated strategy for such 
military-to-military contacts and updates to the strategy. 
‘‘(B) A summary of all such military-to-military con-
tacts during the period covered by the report, including 
a summary of topics discussed and questions asked by 
the Chinese participants in those contacts. 
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123 STAT. 2545 
PUBLIC LAW 111–84—OCT. 28, 2009 
‘‘(C) A description of such military-to-military contacts 
scheduled for the 12-month period following the period 
covered by the report and the plan for future contacts. 
‘‘(D) The Secretary’s assessment of the benefits the 
Chinese expect to gain from such military-to-military con-
tacts. 
‘‘(E) The Secretary’s assessment of the benefits the 
Department of Defense expects to gain from such military- 
to-military contacts, and any concerns regarding such con-
tacts. 
‘‘(F) The Secretary’s assessment of how such military- 
to-military contacts fit into the larger security relationship 
between the United States and the People’s Republic of 
China. 
‘‘(12) Other military and security developments involving 
the People’s Republic of China that the Secretary of Defense 
considers relevant to United States national security.’’. 
(c) CONFORMING AMENDMENT.—Such section is further amended 
in the heading by striking ‘‘MILITARY POWER OF’’ and inserting 
‘‘MILITARY AND SECURITY DEVELOPMENTS INVOLVING’’. 
(d) REPEALS.—Section 1201 of the National Defense Authoriza-
tion Act for Fiscal Year 2000 (Public Law 106–65; 113 Stat. 779; 
10 U.S.C. 168 note) is amended by striking subsections (e) and 
(f). 
(e) EFFECTIVE DATE.— 
(1) IN GENERAL.—The amendments made by this section 
shall take effect on the date of the enactment of this Act, 
and shall apply with respect to reports required to be submitted 
under subsection (a) of section 1202 of the National Defense 
Authorization Act for Fiscal Year 2000, as so amended, on 
or after that date. 
(2) STRATEGY AND UPDATES FOR MILITARY-TO-MILITARY CON-
TACTS WITH PEOPLE’S LIBERATION ARMY.—The requirement to 
include the strategy described in paragraph (11)(A) of section 
1202(b) of the National Defense Authorization Act for Fiscal 
Year 2000, as so amended, in the report required to be sub-
mitted under section 1202(a) of such Act, as so amended, shall 
apply with respect to the first report required to be submitted 
under section 1202(a) of such Act on or after the date of 
the enactment of this Act. The requirement to include updates 
to such strategy shall apply with respect to each subsequent 
report required to be submitted under section 1202(a) of such 
Act on or after the date of the enactment of this Act. 
SEC. 1247. REPORT ON IMPACTS OF DRAWDOWN AUTHORITIES ON 
THE DEPARTMENT OF DEFENSE. 
(a) REPORT REQUIRED.—The Secretary of Defense shall submit 
to the congressional defense committees and the Committee on 
Foreign Affairs of the House of Representatives and the Committee 
on Foreign Relations of the Senate an annual report, in unclassified 
form but with a classified annex if necessary, on the impacts of 
drawdown authorities on the Department of Defense. The report 
required under this subsection shall be submitted concurrent with 
the budget submitted to Congress by the President pursuant to 
section 1105(a) of title 31, United States Code. 
(b) ELEMENTS
OF REPORT.—The report required under sub-
section (a) shall contain the following elements: 
Applicability. 
10 USC 113 note. 
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123 STAT. 2546 
PUBLIC LAW 111–84—OCT. 28, 2009 
(1) A list of each drawdown for which a presidential deter-
mination was issued in the preceding year. 
(2) A summary of the types and quantities of equipment 
that was provided under each drawdown in the preceding year. 
(3) The cost to the Department of Defense to replace any 
equipment transferred as part of each drawdown, not including 
any depreciation, in the preceding year. 
(4) The cost to the Department of Defense of any other 
item, including fuel or services, transferred as part of each 
drawdown in the preceding year. 
(5) The total amount of funds transferred under each draw-
down in the preceding year. 
(6) An assessment by the Secretary of Defense and the 
Chairman of the Joint Chiefs of Staff of the impact of transfers 
carried out as part of drawdowns in the previous year on— 
(A) the ability of the Armed Forces to meet the require-
ments of ongoing overseas contingency operations; 
(B) the level of risk associated with the ability of 
the Armed Forces to execute the missions called for under 
the National Military Strategy as described in section 
153(b) of title 10, United States Code; 
(C) the ability of the Armed Forces to reset from cur-
rent contingency operations; 
(D) the ability of both the active and Reserve forces 
to conduct necessary training; and 
(E) the ability of the Reserve forces to respond to 
domestic emergencies. 
(c) DEFINITIONS.—In this section: 
(1) DRAWDOWN.—The term ‘‘drawdown’’ means any transfer 
or package of transfers of equipment, services, fuel, funds or 
any other items carried out pursuant to a presidential deter-
mination issued under a drawdown authority. 
(2) 
DRAWDOWN
AUTHORITY.—The 
term 
‘‘drawdown 
authority’’— 
(A) means an authority under— 
(i) section 506(a) (1) or (2) of the Foreign Assistance 
Act of 1961 (22 U.S.C. 2318(a) (1) or (2)); 
(ii) section 552(c)(2) of the Foreign Assistance Act 
of 1961 (22 U.S.C. 2348a(c)(2)); or 
(iii) any other substantially similar provision of 
law; but 
(B) does not include the authority provided under sec-
tion 1234 (relating to authority to transfer defense articles 
and provide defense services to the military and security 
forces of Iraq and Afghanistan). 
(d) TERMINATION.—The requirement to submit the report 
required under subsection (a) shall terminate on December 31, 
2013. 
SEC. 1248. RISK ASSESSMENT OF UNITED STATES SPACE EXPORT CON-
TROL POLICY. 
(a) ASSESSMENT REQUIRED.—The Secretary of Defense and the 
Secretary of State shall carry out an assessment of the national 
security risks of removing satellites and related components from 
the United States Munitions List. 
(b) MATTERS TO BE INCLUDED.—The assessment required under 
subsection (a) shall included the following matters: 
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123 STAT. 2547 
PUBLIC LAW 111–84—OCT. 28, 2009 
(1) A review of the space and space-related technologies 
currently on the United States Munitions List, to include sat-
ellite systems, dedicated subsystems, and components. 
(2) An assessment of the national security risks of removing 
certain space and space-related technologies identified under 
paragraph (1) from the United States Munitions List. 
(3) An examination of the degree to which other nations’ 
export control policies control or limit the export of space and 
space-related technologies for national security reasons. 
(4) Recommendations for— 
(A) the space and space-related technologies that 
should remain on, or may be candidates for removal from, 
the United States Munitions List based on the national 
security risk assessment required paragraph (2); 
(B) the safeguards and verifications necessary to— 
(i) prevent the proliferation and diversion of such 
space and space-related technologies; 
(ii) confirm appropriate end use and end users; 
and 
(iii) minimize the risk that such space and space- 
related technologies could be used in foreign missile, 
space, or other applications that may pose a threat 
to the security of the United States; and 
(C) improvements to the space export control policy 
and processes of the United States that do not adversely 
affect national security. 
(c) CONSULTATION.—In conducting the assessment required 
under subsection (a), the Secretary of Defense and the Secretary 
of State may consult with the heads of other relevant departments 
and agencies of the United States Government as the Secretaries 
determine is necessary. 
(d) REPORT.—Not later than 180 days after the date of the 
enactment of this Act, the Secretary of Defense and the Secretary 
of State shall submit to the congressional defense committees and 
the Committee on Foreign Affairs of the House of Representatives 
and the Committee on Foreign Relations of the Senate a report 
on the assessment required under subsection (a). The report shall 
be in unclassified form but may include a classified annex. 
(e) DEFINITION.—In this section, the term ‘‘United States Muni-
tions List’’ means the list referred to in section 38(a)(1) of the 
Arms Export Control Act (22 U.S.C. 2778(a)(1)). 
SEC. 1249. PATRIOT AIR AND MISSILE DEFENSE BATTERY IN POLAND. 
(a) FINDINGS.—Congress makes the following findings: 
(1) On August 20, 2008, representatives of the governments 
of the United States and Poland signed the ‘‘Declaration on 
Strategic Cooperation between the United States of America 
and the Republic of Poland’’. 
(2) The Declaration on Strategic Cooperation states, among 
other things, that the ‘‘United States and Poland intend to 
expand air and missile defense cooperation. In this regard, 
we have agreed on an important new area of such cooperation 
involving the deployment of a U.S. Army Patriot air and missile 
defense battery in Poland. We intend to begin this cooperation 
next year and to expand it with the aim of establishing by 
2012 a garrison to support the U.S. Army Patriot battery. 
The Government of Poland intends to provide an appropriate 
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123 STAT. 2548 
PUBLIC LAW 111–84—OCT. 28, 2009 
site, infrastructure, and facilities for this garrison acceptable 
to both parties. Our cooperation in this area will include joint 
training opportunities that will enhance Polish air defense 
capabilities. In the coming months, we intend to reach agree-
ment on the specific arrangements that will enable this coopera-
tion to begin. These steps reflect the commitment of the United 
States to an expanded defense relationship with Poland.’’. 
(b) SENSE
OF CONGRESS.—It is the sense of Congress that 
the United States and Poland should seek to implement the terms 
of the Declaration on Strategic Cooperation, including cooperation 
on the deployment of a United States Army Patriot air and missile 
defense battery in Poland. 
(c) REPORT.—Not later than 180 days after the enactment of 
this Act, the Secretary of Defense shall submit to the congressional 
defense committees a report describing the status of cooperation 
on the deployment of a United States Army Patriot air and missile 
defense battery in Poland. The report shall be in unclassified form, 
but may include a classified annex. 
SEC. 1250. REPORT ON POTENTIAL FOREIGN MILITARY SALES OF THE 
F–22A FIGHTER AIRCRAFT. 
(a) REPORT REQUIRED.—Not later than 180 days after the date 
of the enactment of this Act, the Secretary of Defense shall, in 
coordination with the Secretary of State and in consultation with 
the Secretary of the Air Force, submit to the congressional defense 
committees, the Committee on Foreign Relations of the Senate, 
and the Committee on Foreign Affairs of the House of Representa-
tives a report on potential foreign military sales of the F–22A 
fighter aircraft. 
(b) ELEMENTS.—The report required by subsection (a) shall 
include the following: 
(1) An estimate of the costs to the United States Govern-
ment, industry, and any foreign military sales customer of 
developing an exportable version of the F–22A fighter aircraft. 
(2) An assessment whether an exportable version of the 
F–22A fighter aircraft is technically feasible and executable, 
and, if so, a timeline for achieving an exportable version of 
the aircraft. 
(3) An assessment of the potential strategic implications 
of permitting foreign military sales of the F-22A fighter aircraft. 
(4) An identification of any modifications to current law 
that are required to authorize foreign military sales of the 
F–22A fighter aircraft. 
(c) ADDITIONAL REPORT REQUIRED.—The Secretary of Defense 
shall enter into an agreement with a federally funded research 
and development center to submit, not later than 180 days after 
the date of the enactment of this Act, to the committees identified 
in subsection (a), through the Secretary of Defense, a report on 
the impact of foreign military sales of the F-22A fighter aircraft 
on the United States aerospace and aviation industry, and the 
advantages and disadvantages of such sales for sustaining that 
industry. 
Contracts. 
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123 STAT. 2549 
PUBLIC LAW 111–84—OCT. 28, 2009 
SEC. 1251. REPORT ON THE PLAN FOR THE NUCLEAR WEAPONS STOCK-
PILE, NUCLEAR WEAPONS COMPLEX, AND DELIVERY 
PLATFORMS AND SENSE OF CONGRESS ON FOLLOW-ON 
NEGOTIATIONS TO START TREATY. 
(a) REPORT ON THE PLAN FOR THE NUCLEAR WEAPONS STOCK-
PILE, NUCLEAR WEAPONS COMPLEX, AND DELIVERY PLATFORMS.— 
(1) REPORT REQUIRED.—Not later than 30 days after the 
date of the enactment of this Act or at the time a follow- 
on treaty to the Strategic Arms Reduction Treaty (START 
Treaty) is submitted by the President to the Senate for its 
advice and consent, whichever is later, the President shall 
submit to the congressional defense committees, the Committee 
on Foreign Relations of the Senate, and the Committee on 
Foreign Affairs of the House of Representatives a report on 
the plan to— 
(A) enhance the safety, security, and reliability of the 
nuclear weapons stockpile of the United States; 
(B) modernize the nuclear weapons complex; and 
(C) maintain the delivery platforms for nuclear 
weapons. 
(2) ELEMENTS.—The report required under paragraph (1) 
shall include the following: 
(A) A description of the plan to enhance the safety, 
security, and reliability of the nuclear weapons stockpile 
of the United States. 
(B) A description of the plan to modernize the nuclear 
weapons complex, including improving the safety of facili-
ties, modernizing the infrastructure, and maintaining the 
key capabilities and competencies of the nuclear weapons 
workforce, including designers and technicians. 
(C) A description of the plan to maintain delivery plat-
forms for nuclear weapons. 
(D) An estimate of budget requirements, including the 
costs associated with the plans outlined under subpara-
graphs (A) through (C), over a 10-year period. 
(b) SENSE OF CONGRESS.—It is the sense of Congress that— 
(1) the President should maintain the stated position of 
the United States that the follow-on treaty to the START 
Treaty not include any limitations on the ballistic missile 
defense systems, space capabilities, or advanced conventional 
weapons systems of the United States; 
(2) the enhanced safety, security, and reliability of the 
nuclear weapons stockpile, modernization of the nuclear 
weapons complex, and maintenance of the nuclear delivery 
systems are key to enabling further reductions in the nuclear 
forces of the United States; and 
(3) the President should submit budget requests for fiscal 
year 2011 and subsequent fiscal years for the programs of 
the National Nuclear Security Administration of the Depart-
ment of Energy that are adequate to sustain the needed 
capabilities to support the long-term maintenance of the nuclear 
stockpile of the United States. 
President. 
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123 STAT. 2550 
PUBLIC LAW 111–84—OCT. 28, 2009 
SEC. 1252. MAP OF MINERAL-RICH ZONES AND AREAS UNDER THE 
CONTROL OF ARMED GROUPS IN THE DEMOCRATIC 
REPUBLIC OF THE CONGO. 
(a) IN GENERAL.—Not later than 120 days after the date of 
the enactment of this Act, the Secretary of State, in consultation 
with the Secretary of Defense, should, consistent with the rec-
ommendation from the United Nations Group of Experts on the 
Democratic Republic of the Congo in their December 2008 report, 
work with other member states of the United Nations and local 
and international nongovernmental organizations— 
(1) to produce a map of mineral-rich zones and areas under 
the control of armed groups in the Democratic Republic of 
the Congo; 
(2) to make such map available to the public; and 
(3) to provide to the appropriate congressional committees, 
in classified form if necessary, an explanatory note describing 
in general terms the sources of information on which the map 
is based, the definition of the term ‘‘control of armed groups’’ 
utilized (for example, physical control of mines or forced labor 
of civilians, control of trade routes, and taxation or extortion 
of goods in transit), and the identification where possible of 
the armed groups or other forces in control of the mines 
depicted. 
(b) UPDATES.—The Secretary of State should continue coopera-
tion with the international community and sustain the intent of 
the report of the United Nations Group of Experts on the Democratic 
Republic of the Congo by assisting in the regular updating of 
the map required by subsection (a). 
(c) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In 
this section, the term ‘‘appropriate congressional committees’’ 
means— 
(1) the Committee on Armed Services and the Committee 
on Foreign Affairs of the House of Representatives; and 
(2) the Committee on Armed Services and the Committee 
on Foreign Relations of the Senate. 
SEC. 1253. SENSE OF CONGRESS RELATING TO ISRAEL. 
It is the sense of Congress that— 
(1) Israel is one of the strongest allies of the United States; 
(2) the United States remains vigorously committed to sup-
porting Israel’s welfare, security, and survival as a democratic 
state; 
(3) Israel and the United States face common enemies; 
and 
(4) the United States should continue to provide critical 
security assistance needed to address existential threats. 
SEC. 1254. SENSE OF CONGRESS ON IMPOSING SANCTIONS WITH 
RESPECT TO IRAN. 
It is the sense of Congress that— 
(1) the Government of Iran should— 
(A) seize the historic offer put forward by President 
Barack Obama to engage in direct diplomacy with the 
United States; 
(B) suspend all enrichment-related and reprocessing 
activities, as directed by the United Nations Security 
Council; and 
Deadline. 
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123 STAT. 2551 
PUBLIC LAW 111–84—OCT. 28, 2009 
(C) come into full compliance with Treaty on Non- 
Proliferation of Nuclear Weapons, done at Washington, 
London, and Moscow July 1, 1968, and entered into force 
March 5, 1970 (commonly known as the ‘‘Nuclear Non- 
Proliferation Treaty’’), including the additional protocol to 
the Treaty; and 
(2) the President should consider the imposition of addi-
tional, more restrictive sanctions on Iran if— 
(A) the Government of Iran fails to enter into good 
faith talks which result in progress toward compliance 
with applicable United Nations Security Council resolu-
tions; and 
(B) the United Nations Security Council has failed 
to adopt significant and meaningful additional sanctions 
on the Government of Iran. 
SEC. 1255. REPORT AND SENSE OF CONGRESS ON NORTH KOREA. 
(a) REPORT ON CONDUCT OF NORTH KOREA.—Not later than 
30 days after the date of the enactment of this Act, the President 
shall submit to Congress a detailed report examining the conduct 
of the Government of North Korea since June 26, 2008, based 
on all available information, to determine whether North Korea 
meets the statutory criteria for listing as a state sponsor of ter-
rorism. The report shall— 
(1) present any credible evidence of support by the Govern-
ment of North Korea for acts of terrorism, terrorists, or terrorist 
organizations; 
(2) examine what steps the Government of North Korea 
has taken to fulfill its June 10, 2008, pledge to prevent weapons 
of mass destruction from falling into the hands of terrorists; 
and 
(3) if North Korea does not meet the statutory criteria 
for being listed as a state sponsor of terrorism, examine whether 
re-listing North Korea as a state sponsor of terrorism would 
undermine the effectiveness of the state sponsor of terrorism 
designation in general and undermine United States efforts 
regarding existing state sponsors of terrorism. 
(b) SENSE OF CONGRESS.—It is the sense of Congress that— 
(1) the United States should— 
(A) vigorously enforce United Nations Security Council 
Resolutions 1718 (2006) and 1874 (2009) and other sanc-
tions in place with respect to North Korea under United 
States law; 
(B) urge all member states of the United Nations to 
fully implement the sanctions imposed by United Nations 
Security Council Resolutions 1718 and 1874; and 
(C) explore the imposition of additional unilateral and 
multilateral sanctions against North Korea in furtherance 
of United States national security; 
(2) the conduct of North Korea constitutes a threat to 
the northeast Asian region and to international peace and 
security; and 
(3) if the United States determines that the Government 
of North Korea has provided assistance to terrorists or engaged 
in state sponsored acts of terrorism, the Secretary of State 
should immediately list North Korea as a state sponsor of 
terrorism. 
President. 
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123 STAT. 2552 
PUBLIC LAW 111–84—OCT. 28, 2009 
(c) STATE SPONSOR OF TERRORISM DEFINED.—For purposes of 
this section, the term ‘‘state sponsor of terrorism’’ means a country 
that has repeatedly provided support for acts of international ter-
rorism for purposes of— 
(1) section 6(j) of the Export Administration Act of 1979 
(50 U.S.C. App. 2405(j)) (as continued in effect pursuant to 
the International Emergency Economic Powers Act (50 U.S.C. 
1701 et seq.)); 
(2) section 40 of the Arms Export Control Act (22 U.S.C. 
2780); or 
(3) section 620A of the Foreign Assistance Act of 1961 
(22 U.S.C. 2371). 
SEC. 1256. REPORT ON POTENTIAL MISSILE DEFENSE COOPERATION 
WITH RUSSIA. 
(a) REPORT REQUIRED.— 
(1) IN GENERAL.—Not later than 120 days after the date 
of the enactment of this Act, the Secretary of Defense, in 
consultation with the Secretary of State, shall submit to the 
congressional defense committees a report setting forth poten-
tial options for cooperation among or between the United States, 
the North Atlantic Treaty Organization, and the Russian Fed-
eration on ballistic missile defense. 
(2) FORM.—The report shall be submitted in unclassified 
form, but may include a classified annex. 
(b) ELEMENTS.—The report required by subsection (a) shall 
include the following: 
(1) A description of proposals made by the United States, 
the North Atlantic Treaty Organization, or the Russian Federa-
tion since January 1, 2007, for potential missile defense 
cooperation among or between such countries and that 
organization, including data sharing, cooperative regional mis-
sile defense architectures, joint exercises, and transparency 
and confidence building measures. 
(2) A description of options for the sharing by such coun-
tries and that organization of ballistic missile surveillance or 
early warning data, including data from the Russian early 
warning radars at Gabala in Azerbaijan and Armavir in 
southern Russia or other radars. 
(3) An assessment of the potential for implementation of 
the agreement between the United States and the Russian 
Federation on the establishment of a Joint Data Exchange 
Center. 
(4) An assessment of whether there is mutual interest 
in modifying the agreement on the establishment of the Joint 
Data Exchange Center to encompass other forms of cooperation. 
(5) An assessment of the potential for missile defense 
cooperation between the Russian Federation and the North 
Atlantic Treaty Organization, including through the NATO- 
Russia Council. 
(6) An assessment of the potential security benefits to 
the United States, Russia, and the North Atlantic Treaty 
Organization of the cooperation described in paragraph (5). 
(7) Such other matters as the Secretary considers appro-
priate. 
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123 STAT. 2553 
PUBLIC LAW 111–84—OCT. 28, 2009 
Subtitle D—VOICE Act 
SEC. 1261. SHORT TITLE. 
This subtitle may be cited as the ‘‘Victims of Iranian Censorship 
Act’’or the ‘‘VOICE Act’’. 
SEC. 1262. AUTHORIZATION OF APPROPRIATIONS. 
(a) INTERNATIONAL BROADCASTING OPERATIONS FUND.—In addi-
tion to amounts otherwise authorized for the Broadcasting Board 
of Governors’ International Broadcasting Operations Fund, there 
is authorized to be appropriated $15,000,000 to expand Farsi lan-
guage programming and to provide for the dissemination of accurate 
and independent information to the Iranian people through radio, 
television, Internet, cellular telephone, short message service, and 
other communications. 
(b) BROADCASTING CAPITAL IMPROVEMENTS FUND.—In addition 
to amounts otherwise authorized for the Broadcasting Board of 
Governors’ Broadcasting Capital Improvements Fund, there is 
authorized to be appropriated $15,000,000 to expand transmissions 
of Farsi language programs to Iran. 
(c) USE OF AMOUNTS.—In pursuit of the objectives described 
in subsections (a) and (b), amounts in the International Broad-
casting Operations Fund and the Capital Improvements Fund may 
be used to— 
(1) develop additional transmission capability for Radio 
Farda and the Persian News Network to counter ongoing efforts 
to jam transmissions, including through additional shortwave 
and medium wave transmissions, satellite, and Internet mecha-
nisms; 
(2) develop additional proxy server capability and anti- 
censorship software to counter efforts to block Radio Farda 
and Persian News Network Web sites; 
(3) develop technologies to counter efforts to block SMS 
text message exchange over cellular phone networks; 
(4) expand program coverage and analysis by Radio Farda 
and the Persian News Network, including the development 
of broadcast platforms and programs, on the television, radio 
and Internet, for enhanced interactivity with and among the 
people of Iran; 
(5) hire, on a permanent or short-term basis, additional 
staff for Radio Farda and the Persian News Network; and 
(6) develop additional Internet-based, Farsi-language tele-
vision programming, including a Farsi-language, Internet-based 
news channel. 
SEC. 1263. IRANIAN ELECTRONIC EDUCATION, EXCHANGE, AND MEDIA 
FUND. 
(a) ESTABLISHMENT.—There is established in the Treasury of 
the United States the Iranian Electronic Education, Exchange, and 
Media Fund (referred to in this section as the ‘‘Fund’’), consisting 
of amounts appropriated to the Fund pursuant to subsection (f). 
(b) ADMINISTRATION.—The Fund shall be administered by the 
Secretary of State. 
(c) OBJECTIVE.—The objective of the Fund shall be to support 
the development of technologies, including Internet Web sites, that 
will aid the ability of the Iranian people to— 
(1) gain access to and share information; 
22 USC 6204 
note. 
22 USC 6204 
note. 
22 USC 6201 
note. 
Victims of 
Iranian 
Censorship Act. 
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123 STAT. 2554 
PUBLIC LAW 111–84—OCT. 28, 2009 
(2) exercise freedom of speech, freedom of expression, and 
freedom of assembly through the Internet and other electronic 
media; 
(3) engage in Internet-based education programs and other 
exchanges between Americans and Iranians; and 
(4) counter efforts— 
(A) to block, censor, and monitor the Internet; and 
(B) to disrupt or monitor cellular phone networks or 
SMS text exchanges. 
(d) USE OF AMOUNTS.—In pursuit of the objective described 
in subsection (c), amounts in the Fund may be used for grants 
to United States or foreign universities, nonprofit organizations, 
or companies for targeted projects that advance the purpose of 
the Fund, including projects that— 
(1) develop Farsi-language versions of existing social-net-
working Web sites; 
(2) develop technologies, including Internet-based applica-
tions, to counter efforts— 
(A) to block, censor, and monitor the Internet; and 
(B) to disrupt or monitor cellular phone networks or 
SMS text message exchanges; 
(3) develop Internet-based, distance learning programs for 
Iranian students at United States universities; and 
(4) promote Internet-based, people-to-people educational, 
professional, religious, or cultural exchanges and dialogues 
between United States citizens and Iranians. 
(e) TRANSFERS.—Amounts in the Fund may be transferred to 
the United States Agency for International Development, the Broad-
casting Board of Governors, or any other agency of the Federal 
Government to the extent that such amounts are used to carry 
out activities that will further the objective described in subsection 
(c). 
(f) AUTHORIZATION OF APPROPRIATIONS.—There is authorized 
to be appropriated $20,000,000 to the Fund. 
SEC. 1264. ANNUAL REPORT. 
(a) IN GENERAL.—Not later than 90 days after the date of 
the enactment of this Act, and annually thereafter for 5 years, 
the President shall submit a report to Congress that provides a 
detailed description of— 
(1) United States-funded international broadcasting efforts 
in Iran; 
(2) efforts by the Government of Iran to block broadcasts 
sponsored by the United States or other non-Iranian entities; 
(3) efforts by the Government of Iran to monitor or block 
Internet access, and gather information about individuals; 
(4) plans by the Broadcasting Board of Governors for the 
use of the amounts appropriated pursuant to section 1244, 
including— 
(A) the identification of specific programs and platforms 
to be expanded or created; and 
(B) satellite, radio, or Internet-based transmission 
capacity to be expanded or created; 
(5) plans for the use of the Iranian Electronic Education, 
Exchange, and Media Fund; 
President. 
Iran. 
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123 STAT. 2555 
PUBLIC LAW 111–84—OCT. 28, 2009 
(6) a detailed breakdown of amounts obligated and dis-
bursed from the Iranian Electronic Media Fund and an assess-
ment of the impact of such amounts; 
(7) the percentage of the Iranian population and of Iranian 
territory reached by shortwave and medium-wave radio broad-
casts by Radio Farda and Voice of America and any other 
relevant demographic information that can be ascertained about 
the audience for such broadcasts; 
(8) the Internet traffic from Iran to Radio Farda and Voice 
of America Web sites; and 
(9) the Internet traffic to proxy servers sponsored by the 
Broadcasting Board of Governors, and the provisioning of surge 
capacity. 
(b) CLASSIFIED ANNEX.—The report submitted under subsection 
(a) may include a classified annex. 
SEC. 1265. REPORT ON ACTIONS BY NON-IRANIAN COMPANIES. 
(a) REPORT.—Not later than 180 days after the date of the 
enactment of this Act, the President shall submit to Congress 
a report on non-Iranian persons, including corporations with United 
States subsidiaries, that, after the date of the enactment of this 
Act, have knowingly or negligently provided hardware, software, 
or other forms of assistance to the Government of Iran that has 
furthered Iran’s efforts to— 
(1) filter online political content; 
(2) disrupt cell phone and Internet communications; and 
(3) monitor the online activities of Iranian citizens. 
(b) FORM.—The report required under subsection (a) shall be 
submitted in unclassified form, but may include a classified annex 
if necessary. 
SEC. 1266. HUMAN RIGHTS DOCUMENTATION. 
There are authorized to be appropriated $5,000,000 to the 
Secretary of State to document, collect, and disseminate information 
about human rights in Iran, including abuses of human rights 
that have taken place since the Iranian presidential election con-
ducted on June 12, 2009. 
TITLE XIII—COOPERATIVE THREAT 
REDUCTION 
Sec. 1301. Specification of Cooperative Threat Reduction programs and funds. 
Sec. 1302. Funding allocations. 
Sec. 1303. Utilization of contributions to the Cooperative Threat Reduction Pro-
gram. 
Sec. 1304. Metrics for the Cooperative Threat Reduction Program. 
Sec. 1305. Cooperative Threat Reduction Program authority for urgent threat re-
duction activities. 
Sec. 1306. Cooperative Threat Reduction Defense and Military Contacts Program. 
SEC. 1301. SPECIFICATION OF COOPERATIVE THREAT REDUCTION 
PROGRAMS AND FUNDS. 
(a) SPECIFICATION OF COOPERATIVE THREAT REDUCTION PRO-
GRAMS.—For purposes of section 301 and other provisions of this 
Act, Cooperative Threat Reduction programs are the programs 
specified in section 1501 of the National Defense Authorization 
Act for Fiscal Year 1997 (50 U.S.C. 2362 note). 
22 USC 5964 
note. 
President. 
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123 STAT. 2556 
PUBLIC LAW 111–84—OCT. 28, 2009 
(b) FISCAL YEAR 2010 COOPERATIVE THREAT REDUCTION FUNDS 
DEFINED.—As used in this title, the term ‘‘fiscal year 2010 Coopera-
tive Threat Reduction funds’’ means the funds appropriated pursu-
ant to the authorization of appropriations in section 301 for 
Cooperative Threat Reduction programs. 
(c) AVAILABILITY OF FUNDS.—Funds appropriated pursuant to 
the authorization of appropriations in section 301 for Cooperative 
Threat Reduction programs shall be available for obligation for 
fiscal years 2010, 2011, and 2012. 
SEC. 1302. FUNDING ALLOCATIONS. 
(a) FUNDING
FOR SPECIFIC PURPOSES.—Of the $424,093,000 
authorized to be appropriated to the Department of Defense for 
fiscal year 2010 in section 301(20) for Cooperative Threat Reduction 
programs, the following amounts may be obligated for the purposes 
specified: 
(1) For strategic offensive arms elimination in Russia, 
$66,385,000. 
(2) For strategic nuclear arms elimination in Ukraine, 
$6,800,000. 
(3) For nuclear weapons storage security in Russia, 
$15,090,000. 
(4) For nuclear weapons transportation security in Russia, 
$46,400,000. 
(5) For weapons of mass destruction proliferation preven-
tion in the states of the former Soviet Union, $90,886,000. 
(6) For biological threat reduction in the former Soviet 
Union, $152,132,000. 
(7) For chemical weapons destruction, $3,000,000. 
(8) For defense and military contacts, $5,000,000. 
(9) For new Cooperative Threat Reduction initiatives, 
$17,000,000. 
(10) For activities designated as Other Assessments/ 
Administrative Costs, $21,400,000. 
(b) REPORT ON OBLIGATION OR EXPENDITURE OF FUNDS FOR 
OTHER PURPOSES.—No fiscal year 2010 Cooperative Threat Reduc-
tion funds may be obligated or expended for a purpose other than 
a purpose listed in paragraphs (1) through (10) of subsection (a) 
until 15 days after the date that the Secretary of Defense submits 
to Congress a report on the purpose for which the funds will 
be obligated or expended and the amount of funds to be obligated 
or expended. Nothing in the preceding sentence shall be construed 
as authorizing the obligation or expenditure of fiscal year 2010 
Cooperative Threat Reduction funds for a purpose for which the 
obligation or expenditure of such funds is specifically prohibited 
under this title or any other provision of law. 
(c) LIMITED AUTHORITY TO VARY INDIVIDUAL AMOUNTS.— 
(1) IN GENERAL.—Subject to paragraph (2), in any case 
in which the Secretary of Defense determines that it is nec-
essary to do so in the national interest, the Secretary may 
obligate amounts appropriated for fiscal year 2010 for a purpose 
listed in paragraphs (1) through (10) of subsection (a) in excess 
of the specific amount authorized for that purpose. 
(2) NOTICE-AND-WAIT
REQUIRED.—An obligation of funds 
for a purpose stated in paragraphs (1) through (10) of subsection 
(a) in excess of the specific amount authorized for such purpose 
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123 STAT. 2557 
PUBLIC LAW 111–84—OCT. 28, 2009 
may be made using the authority provided in paragraph (1) 
only after— 
(A) the Secretary submits to Congress notification of 
the intent to do so together with a complete discussion 
of the justification for doing so; and 
(B) 15 days have elapsed following the date of the 
notification. 
SEC. 1303. UTILIZATION OF CONTRIBUTIONS TO THE COOPERATIVE 
THREAT REDUCTION PROGRAM. 
(a) IN GENERAL.—The Secretary of Defense, with the concur-
rence of the Secretary of State, may enter into one or more agree-
ments with any person (including a foreign government, inter-
national organization, multinational entity, or any other entity) 
that the Secretary of Defense considers appropriate under which 
the person contributes funds for activities conducted under the 
Cooperative Threat Reduction Program of the Department of 
Defense. 
(b) RETENTION AND USE OF AMOUNTS.—Notwithstanding section 
3302 of title 31, United States Code, and subject to subsections 
(c) and (d), the Secretary of Defense may retain and obligate or 
expend amounts contributed pursuant to subsection (a) for purposes 
of the Cooperative Threat Reduction Program of the Department 
of Defense. Amounts so contributed shall be retained in a separate 
fund established in the Treasury for such purposes and shall be 
available to be obligated or expended without further appropriation. 
(c) RETURN OF AMOUNTS NOT OBLIGATED OR EXPENDED WITHIN 
THREE YEARS.—If the Secretary of Defense does not obligate or 
expend an amount contributed pursuant to subsection (a) by the 
date that is three years after the date on which the contribution 
was made, the Secretary shall return the amount to the person 
who made the contribution. 
(d) NOTICE TO CONGRESSIONAL DEFENSE COMMITTEES.— 
(1) IN GENERAL.—Not later than 30 days after receiving 
an amount contributed pursuant to subsection (a), the Secretary 
shall submit to the appropriate congressional committees a 
notice— 
(A) specifying the value of the contribution and the 
purpose for which the contribution was made; and 
(B) identifying the person who made the contribution. 
(2) LIMITATION ON USE OF AMOUNTS.—The Secretary may 
not obligate or expend an amount contributed pursuant to 
subsection (a) until the date that is 15 days after the date 
on which the Secretary submits the notice required by para-
graph (1). 
(e) ANNUAL REPORT.—Not later than October 31 each year, 
the Secretary of Defense shall submit to the appropriate congres-
sional committees a report on amounts contributed pursuant to 
subsection (a) during the preceding fiscal year. Each such report 
shall include, for the fiscal year covered by the report, the following: 
(1) A statement of any amounts contributed pursuant to 
subsection (a), including, for each such amount, the value of 
the contribution and the identity of the person who made 
the contribution. 
(2) A statement of any amounts so contributed that were 
obligated or expended by the Secretary, including, for each 
Time period. 
22 USC 5952 
note. 
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123 STAT. 2558 
PUBLIC LAW 111–84—OCT. 28, 2009 
such amount, the purposes for which the amount was obligated 
or expended. 
(3) A statement of any amounts so contributed that were 
retained but not obligated or expended, including, for each 
such amount, the purposes (if known) for which the Secretary 
intends to obligate or expend the amount. 
(f) IMPLEMENTATION PLAN.—The Secretary of Defense shall 
submit to the appropriate congressional committees an implementa-
tion plan for the authority provided under this section prior to 
obligating or expending any amounts contributed pursuant to sub-
section (a). The Secretary shall submit updates to such plan as 
needed. 
(g) TERMINATION.—The authority provided under this section 
shall terminate on December 31, 2015. 
(h) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In 
this section, the term ‘‘appropriate congressional committees’’ 
means— 
(1) the Committee on Armed Services, the Committee on 
Appropriations, and the Committee on Foreign Affairs of the 
House of Representatives; and 
(2) the Committee on Armed Services, the Committee on 
Appropriations, and the Committee on Foreign Relations of 
the Senate. 
SEC. 1304. METRICS FOR THE COOPERATIVE THREAT REDUCTION PRO-
GRAM. 
(a) METRICS REQUIRED.—The Secretary of Defense shall develop 
and implement metrics to measure the impact and effectiveness 
of activities of the Cooperative Threat Reduction Program of the 
Department of Defense to address threats arising from the prolifera-
tion of chemical, nuclear, and biological weapons and weapons- 
related materials, technologies, and expertise. 
(b) SECRETARY OF DEFENSE REPORT ON METRICS.—Not later 
than 270 days after the date of the enactment of this Act, the 
Secretary of Defense shall submit to the appropriate congressional 
committees a report describing the metrics developed and imple-
mented under subsection (a). 
(c) NATIONAL ACADEMY OF SCIENCES ASSESSMENT AND REPORT 
ON METRICS.— 
(1) ASSESSMENT.—Not later than 30 days after the date 
on which the report is submitted by the Secretary of Defense 
under subsection (b), the Secretary shall enter into an arrange-
ment with the National Academy of Sciences under which the 
Academy shall carry out an assessment to review the metrics 
developed and implemented under subsection (a) and identify 
possible additional or alternative metrics, if necessary. 
(2) REPORT.—The National Academy of Sciences shall 
submit to the appropriate congressional committees and the 
Secretary of Defense a report on the results of the assessment 
carried out under paragraph (1). 
(3) SECRETARY OF DEFENSE REPORT.— 
(A) Not later than 90 days after receipt of the report 
required by paragraph (2), the Secretary shall submit to 
the appropriate congressional committees a report on the 
assessment carried out by the National Academy of 
Sciences. 
22 USC 5964. 
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123 STAT. 2559 
PUBLIC LAW 111–84—OCT. 28, 2009 
(B) The report under subparagraph (A) shall include 
the following: 
(i) A summary of the results of the assessment 
carried out under paragraph (1). 
(ii) An evaluation by the Secretary of the assess-
ment. 
(iii) A statement of the actions, if any, to be under-
taken by the Secretary to implement any recommenda-
tions in the assessment. 
(C) The report under subparagraph (A) shall be sub-
mitted in unclassified form, but may include a classified 
annex. 
(d) FUNDING.—Of the amounts appropriated pursuant to the 
authorization of appropriations in section 301(20) or otherwise made 
available for Cooperative Threat Reduction Programs for fiscal year 
2010, not more than $1,000,000 may be obligated or expended 
to carry out paragraphs (1) and (2) of subsection (c). 
(e) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In 
this section, the term ‘‘appropriate congressional committees’’ 
means— 
(1) the Committee on Armed Services, the Committee on 
Appropriations, and the Committee on Foreign Affairs of the 
House of Representatives; and 
(2) the Committee on Armed Services, the Committee on 
Appropriations, and the Committee on Foreign Relations of 
the Senate. 
SEC. 1305. COOPERATIVE THREAT REDUCTION PROGRAM AUTHORITY 
FOR URGENT THREAT REDUCTION ACTIVITIES. 
(a) IN GENERAL.—Subject to the notification requirement under 
subsection (b), not more than 10 percent of the total amounts 
appropriated or otherwise made available in any fiscal year for 
the Cooperative Threat Reduction Program of the Department of 
Defense may be expended, notwithstanding any other law, for activi-
ties described under subsection (b)(1)(B). 
(b) DETERMINATION AND NOTICE.— 
(1) DETERMINATION.—The Secretary of Defense, with the 
concurrence of the Secretary of State and the Secretary of 
Energy, may make a written determination that— 
(A) threats arising from the proliferation of chemical, 
nuclear, and biological weapons or weapons-related mate-
rials, technologies, and expertise must be addressed 
urgently; 
(B) certain provisions of law would unnecessarily 
impede the Secretary’s ability to carry out activities of 
the Cooperative Threat Reduction Program of the Depart-
ment of Defense to address such threats; and 
(C) it is necessary to expend amounts described in 
subsection (a) to carry out such activities. 
(2) NOTICE REQUIRED.—Not later than 15 days before obli-
gating or expending funds under the authority provided in 
subsection (a), the Secretary of Defense shall notify the appro-
priate congressional committees of the determination made 
under paragraph (1). The notice shall include— 
(A) the determination; 
(B) the activities to be undertaken by the Cooperative 
Threat Reduction Program; 
Deadline. 
22 USC 5965. 
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123 STAT. 2560 
PUBLIC LAW 111–84—OCT. 28, 2009 
(C) the expected time frame for such activities; and 
(D) the expected costs of such activities. 
(c) APPROPRIATE CONGRESSIONAL COMMITTEES.—In this section, 
the term ‘‘appropriate congressional committees’’ means— 
(1) the Committee on Foreign Affairs, the Committee on 
Armed Services, and the Committee on Appropriations of the 
House of Representatives; and 
(2) the Committee on Foreign Relations, the Committee 
on Armed Services, and the Committee on Appropriations of 
the Senate. 
SEC. 1306. COOPERATIVE THREAT REDUCTION DEFENSE AND MILI-
TARY CONTACTS PROGRAM. 
(a) IN GENERAL.—The Secretary of Defense shall ensure that 
the Defense and Military Contacts Program under the Cooperative 
Threat Reduction Program of the Department of Defense— 
(1) is executed pursuant to a well-developed strategy for 
advancing the mission of the Cooperative Threat Reduction 
Program; 
(2) is focused and expanded to support specific relationship- 
building opportunities, which could lead to Cooperative Threat 
Reduction Program development in new geographic areas and 
achieve other Cooperative Threat Reduction Program benefits; 
(3) is directly administered as part of the Cooperative 
Threat Reduction Program; and 
(4) includes cooperation and coordination with— 
(A) the unified combatant commands that operate in 
areas in which Cooperative Threat Reduction activities are 
carried out; and 
(B) related diplomatic efforts. 
(b) COOPERATIVE THREAT REDUCTION ANNUAL REPORT.—Para-
graph (8) of section 1308(c) 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–341; 22 U.S.C. 5959) is 
amended— 
(1) by inserting ‘‘, including under the Defense and Military 
Contacts program,’’ after ‘‘programs’’; and 
(2) in subparagraph (B), by striking ‘‘the purposes’’ and 
inserting ‘‘the strategy’’. 
TITLE XIV—OTHER AUTHORIZATIONS 
Subtitle A—Military Programs 
Sec. 1401. Working capital funds. 
Sec. 1402. National Defense Sealift Fund. 
Sec. 1403. Chemical agents and munitions destruction, defense. 
Sec. 1404. Drug Interdiction and Counter-Drug Activities, Defense-wide. 
Sec. 1405. Defense Inspector General. 
Sec. 1406. Defense Health Program. 
Sec. 1407. Relation to funding table. 
Subtitle B—National Defense Stockpile 
Sec. 1411. Authorized uses of National Defense Stockpile funds. 
Sec. 1412. Extension of previously authorized disposal of cobalt from National De-
fense Stockpile. 
Sec. 1413. Report on implementation of reconfiguration of the National Defense 
Stockpile. 
Subtitle C—Armed Forces Retirement Home 
Sec. 1421. Authorization of appropriations for Armed Forces Retirement Home. 
22 USC 5952 
note. 
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123 STAT. 2561 
PUBLIC LAW 111–84—OCT. 28, 2009 
Subtitle A—Military Programs 
SEC. 1401. WORKING CAPITAL FUNDS. 
Funds are hereby authorized to be appropriated for fiscal year 
2010 for the use of the Armed Forces and other activities and 
agencies of the Department of Defense for providing capital for 
working capital and revolving funds in amounts as follows: 
(1) For the Defense Working Capital Funds, $141,388,00. 
(2) For the Defense Working Capital Fund, Defense Com-
missary, $1,313,616,000. 
SEC. 1402. NATIONAL DEFENSE SEALIFT FUND. 
Funds are hereby authorized to be appropriated for the fiscal 
year 2010 for the National Defense Sealift Fund in the amount 
of $1,642,758,000. 
SEC. 1403. CHEMICAL AGENTS AND MUNITIONS DESTRUCTION, 
DEFENSE. 
(a) AUTHORIZATION
OF APPROPRIATIONS.—Funds are hereby 
authorized to be appropriated for the Department of Defense for 
fiscal year 2010 for expenses, not otherwise provided for, for Chem-
ical Agents and Munitions Destruction, Defense, in the amount 
of $1,560,760,000, of which— 
(1) $1,146,802,000 is for Operation and Maintenance; 
(2) $401,269,000 is for Research, Development, Test, and 
Evaluation; and 
(3) $12,689,000 is for Procurement. 
(b) USE.—Amounts authorized to be appropriated under sub-
section (a) are authorized for— 
(1) the destruction of lethal chemical agents and munitions 
in accordance with section 1412 of the Department of Defense 
Authorization Act, 1986 (50 U.S.C. 1521); and 
(2) the destruction of chemical warfare materiel of the 
United States that is not covered by section 1412 of such 
Act. 
SEC. 1404. DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, 
DEFENSE-WIDE. 
Funds are hereby authorized to be appropriated for the Depart-
ment of Defense for fiscal year 2010 for expenses, not otherwise 
provided for, for Drug Interdiction and Counter-Drug Activities, 
Defense-wide, in the amount of $1,054,234,000. 
SEC. 1405. DEFENSE INSPECTOR GENERAL. 
Funds are hereby authorized to be appropriated for the Depart-
ment of Defense for fiscal year 2010 for expenses, not otherwise 
provided for, for the Office of the Inspector General of the Depart-
ment of Defense, in the amount of $288,100,000, of which— 
(1) $287,100,000 is for Operation and Maintenance; and 
(2) $1,000,000 is for Procurement. 
SEC. 1406. DEFENSE HEALTH PROGRAM. 
Funds are hereby authorized to be appropriated for the Depart-
ment of Defense for fiscal year 2010 for expenses, not otherwise 
provided for, for the Defense Health Program, in the amount of 
$28,033,093,000, of which— 
(1) $27,094,849,000 is for Operation and Maintenance; 
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123 STAT. 2562 
PUBLIC LAW 111–84—OCT. 28, 2009 
(2) $616,102,000 is for Research, Development, Test, and 
Evaluation; and 
(3) $322,142,000 is for Procurement. 
SEC. 1407. RELATION TO FUNDING TABLE. 
The amounts authorized to be appropriated by sections 1401, 
1402, 1403, 1404, 1405, and 1406 shall be available, in accordance 
with the requirements of section 4001, for projects, programs, and 
activities, and in the amounts, specified in the funding table in 
section 4401. 
Subtitle B—National Defense Stockpile 
SEC. 1411. AUTHORIZED USES OF NATIONAL DEFENSE STOCKPILE 
FUNDS. 
(a) OBLIGATION OF STOCKPILE FUNDS.—During fiscal year 2010, 
the National Defense Stockpile Manager may obligate up to 
$41,179,000 of the funds in the National Defense Stockpile Trans-
action Fund established under subsection (a) of section 9 of the 
Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98h) 
for the authorized uses of such funds under subsection (b)(2) of 
such section, including the disposal of hazardous materials that 
are environmentally sensitive. 
(b) ADDITIONAL OBLIGATIONS.—The National Defense Stockpile 
Manager may obligate amounts in excess of the amount specified 
in subsection (a) if the National Defense Stockpile Manager notifies 
Congress that extraordinary or emergency conditions necessitate 
the additional obligations. The National Defense Stockpile Manager 
may make the additional obligations described in the notification 
after the end of the 45-day period beginning on the date on which 
Congress receives the notification. 
(c) LIMITATIONS.—The authorities provided by this section shall 
be subject to such limitations as may be provided in appropriations 
Acts. 
SEC. 1412. EXTENSION OF PREVIOUSLY AUTHORIZED DISPOSAL OF 
COBALT FROM NATIONAL DEFENSE STOCKPILE. 
Section 3305(a)(5) of the National Defense Authorization Act 
for Fiscal Year 1998 (Public Law 105–85; 50 U.S.C. 98d note), 
as most recently amended by section 1412(b) of the Duncan Hunter 
National Defense Authorization Act for Fiscal Year 2009 (Public 
Law 110–417; 122 Stat. 4648), is further amended by striking 
‘‘during fiscal year 2009’’ and inserting ‘‘by the end of fiscal year 
2011’’. 
SEC. 1413. REPORT ON IMPLEMENTATION OF RECONFIGURATION OF 
THE NATIONAL DEFENSE STOCKPILE. 
(a) REPORT REQUIRED.—Not later than 180 days after the date 
of the enactment of this Act, the Secretary of Defense shall submit 
to the Committees on Armed Services of the Senate and House 
of Representatives a report on any actions the Secretary plans 
to take in response to the recommendations contained in the report 
entitled ‘‘Reconfiguration of the National Defense Stockpile Report 
to Congress’’ dated April 2009 and submitted by the Under Sec-
retary of Defense for Acquisition, Logistics, and Technology, as 
required by House Report 109–89, House Report 109–452, and 
Senate Report 110–115. 
Time period. 
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123 STAT. 2563 
PUBLIC LAW 111–84—OCT. 28, 2009 
(b) CONTENTS OF REPORT.— The report required by subsection 
(a) shall include the Secretary’s recommendations for changes, based 
on the findings of the April 2009 report, to statutes, regulations, 
and policies, which the Secretary determines are necessary to enable 
the implementation of the recommendations contained in the April 
2009 report or to improve Federal Government management of 
the National Defense Stockpile in the interest of the National 
Security Strategy. 
(c) CONGRESSIONAL NOTIFICATION.—The Secretary may not take 
any action regarding the implementation of any initiative rec-
ommended in the report required by subsection (a) until 45 days 
after the Secretary submits to the Committees on Armed Services 
of the Senate and House of Representatives such report. 
Subtitle C—Armed Forces Retirement 
Home 
SEC. 1421. AUTHORIZATION OF APPROPRIATIONS FOR ARMED FORCES 
RETIREMENT HOME. 
There is authorized to be appropriated for fiscal year 2010 
from the Armed Forces Retirement Home Trust Fund the sum 
of $134,000,000 for the operation of the Armed Forces Retirement 
Home. 
TITLE XV—AUTHORIZATION OF ADDI-
TIONAL APPROPRIATIONS FOR OVER-
SEAS CONTINGENCY OPERATIONS 
Sec. 1501. Purpose. 
Sec. 1502. Army procurement. 
Sec. 1503. Joint Improvised Explosive Device Defeat Fund. 
Sec. 1504. Navy and Marine Corps procurement. 
Sec. 1505. Air Force procurement. 
Sec. 1506. Mine Resistant Ambush Protected Vehicle Fund. 
Sec. 1507. Defense-wide activities procurement. 
Sec. 1508. Research, development, test, and evaluation. 
Sec. 1509. Operation and maintenance. 
Sec. 1510. Limitations on availability of funds in Afghanistan Security Forces 
Fund. 
Sec. 1511. Limitations on Iraq Security Forces Fund. 
Sec. 1512. Military personnel. 
Sec. 1513. Working capital funds. 
Sec. 1514. Defense Health Program. 
Sec. 1515. Drug Interdiction and Counter-Drug Activities, Defense-wide. 
Sec. 1516. Defense Inspector General. 
Sec. 1517. Relation to funding tables. 
Sec. 1518. Continuation of prohibition on use of United States funds for certain fa-
cilities projects in Iraq. 
Sec. 1519. Treatment as additional authorizations. 
Sec. 1520. Special transfer authority. 
SEC. 1501. PURPOSE. 
The purpose of this title is to authorize appropriations for 
the Department of Defense for fiscal year 2010 to provide additional 
funds for overseas contingency operations being carried out by 
the Armed Forces. 
SEC. 1502. ARMY PROCUREMENT. 
Funds are hereby authorized to be appropriated for fiscal year 
2010 for procurement accounts of the Army in amounts as follows: 
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123 STAT. 2564 
PUBLIC LAW 111–84—OCT. 28, 2009 
(1) For aircraft procurement, $1,636,229,000. 
(2) For missile procurement, $481,570,000. 
(3) For weapons and tracked combat vehicles procurement, 
$759,466,000. 
(4) For ammunition procurement, $370,635,000. 
(5) For other procurement, $5,600,326,000. 
SEC. 1503. JOINT IMPROVISED EXPLOSIVE DEVICE DEFEAT FUND. 
(a) AUTHORIZATION
OF APPROPRIATIONS.—Funds are hereby 
authorized to be appropriated for fiscal year 2010 for the Joint 
Improvised Explosive Device Defeat Fund in the amount of 
$2,099,850,000. 
(b) USE
AND TRANSFER
OF FUNDS.—Subsections (b) and (c) 
of section 1514 of the John Warner National Defense Authorization 
Act for Fiscal Year 2007 (Public Law 109–364; 120 Stat. 2439), 
as amended by section 1503 of the Duncan Hunter National Defense 
Authorization Act for Fiscal Year 2009 (Public Law 110–417; 122 
Stat. 4649), shall apply to the funds appropriated pursuant to 
the authorization of appropriations in subsection (a) and made 
available to the Department of Defense for the Joint Improvised 
Explosive Device Defeat Fund. 
(c) MONTHLY OBLIGATIONS AND EXPENDITURE REPORTS.—Not 
later than 15 days after the end of each month of fiscal year 
2010, the Secretary of Defense shall provide to the congressional 
defense committees a report on the Joint Improvised Explosive 
Device Defeat Fund explaining monthly commitments, obligations, 
and expenditures by line of action. 
(d) REPEAL OF SUPERSEDED REPORTING REQUIREMENT.—Section 
1514 of the John Warner National Defense Authorization Act for 
Fiscal Year 2007 (Public Law 109–364; 120 Stat. 2439), as amended 
by section 1503(e) of the Duncan Hunter National Defense 
Authorization Act for Fiscal Year 2009 (Public Law 110–417; 122 
Stat. 4650), is amended by striking subsection (e). 
SEC. 1504. NAVY AND MARINE CORPS PROCUREMENT. 
Funds are hereby authorized to be appropriated for fiscal year 
2010 for procurement accounts of the Navy and Marine Corps 
in amounts as follows: 
(1) For aircraft procurement, Navy, $903,197,000. 
(2) For weapons procurement, Navy, $50,700,000. 
(3) For ammunition procurement, Navy and Marine Corps, 
$681,957,000. 
(4) For other procurement, Navy, $293,018,000. 
(5) For procurement, Marine Corps, $1,060,268,000. 
SEC. 1505. AIR FORCE PROCUREMENT. 
Funds are hereby authorized to be appropriated for fiscal year 
2010 for procurement accounts of the Air Force in amounts as 
follows: 
(1) For aircraft procurement, $780,441,000. 
(2) For ammunition procurement, $256,819,000. 
(3) For missile procurement, $36,625,000. 
(4) For other procurement, $2,321,549,000. 
SEC. 1506. MINE RESISTANT AMBUSH PROTECTED VEHICLE FUND. 
Funds are hereby authorized to be appropriated for fiscal year 
2010 for the Mine Resistant Ambush Protected Vehicle Fund in 
the amount of $6,056,000,000. 
Applicability. 
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123 STAT. 2565 
PUBLIC LAW 111–84—OCT. 28, 2009 
SEC. 1507. DEFENSE-WIDE ACTIVITIES PROCUREMENT. 
Funds are hereby authorized to be appropriated for fiscal year 
2010 for the procurement account for Defense-wide activities in 
the amount of $489,980,000. 
SEC. 1508. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION. 
Funds are hereby authorized to be appropriated for fiscal year 
2010 for the use of the Department of Defense for research, develop-
ment, test, and evaluation as follows: 
(1) For the Army, $57,962,000. 
(2) For the Navy, $90,180,000. 
(3) For the Air Force, $29,286,000. 
(4) For Defense-wide activities, $115,826,000. 
SEC. 1509. OPERATION AND MAINTENANCE. 
Funds are hereby authorized to be appropriated for fiscal year 
2010 for the use of the Armed Forces for expenses, not otherwise 
provided for, for operation and maintenance, in amounts as follows: 
(1) For the Army, $52,166,761,000. 
(2) For the Navy, $6,219,583,000. 
(3) For the Marine Corps, $3,701,600,000. 
(4) For the Air Force, $10,026,868,000. 
(5) For Defense-wide activities, $7,583,400,000. 
(6) For the Army Reserve, $204,326,000. 
(7) For the Navy Reserve, $68,059,000. 
(8) For the Marine Corps Reserve, $86,667,000. 
(9) For the Air Force Reserve, $125,925,000. 
(10) For the Army National Guard, $321,646,000. 
(11) For the Air National Guard, $289,862,000. 
(12) 
For 
the 
Afghanistan 
Security 
Forces 
Fund, 
$7,462,769,000. 
SEC. 1510. LIMITATIONS ON AVAILABILITY OF FUNDS IN AFGHANISTAN 
SECURITY FORCES FUND. 
Funds appropriated pursuant to the authorization of appropria-
tions for the Afghanistan Security Forces Fund in section 1509(12) 
shall be subject to the conditions contained in subsections (b) 
through (g) of section 1513 of the National Defense Authorization 
Act for Fiscal Year 2008 (Public Law 110–181; 122 Stat. 428). 
SEC. 1511. LIMITATIONS ON IRAQ SECURITY FORCES FUND. 
Funds made available to the Department of Defense for the 
Iraq Security Forces Fund for fiscal year 2010 shall be subject 
to the conditions contained in subsections (b) through (g) of section 
1512 of the National Defense Authorization Act for Fiscal Year 
2008 (Public Law 110–181; 122 Stat. 426). 
SEC. 1512. MILITARY PERSONNEL. 
Funds are hereby authorized to be appropriated for fiscal year 
2010 to the Department of Defense for military personnel accounts 
in the total amount of $14,146,341,000. 
SEC. 1513. WORKING CAPITAL FUNDS. 
Funds are hereby authorized to be appropriated for fiscal year 
2010 for the use of the Armed Forces and other activities and 
agencies of the Department of Defense for providing capital for 
working capital and revolving funds in the amount of $396,915,000. 
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123 STAT. 2566 
PUBLIC LAW 111–84—OCT. 28, 2009 
SEC. 1514. DEFENSE HEALTH PROGRAM. 
Funds are hereby authorized to be appropriated for the Depart-
ment of Defense for fiscal year 2010 for expenses, not otherwise 
provided for, for the Defense Health Program in the amount of 
$1,256,675,000 for operation and maintenance. 
SEC. 1515. DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, 
DEFENSE-WIDE. 
Funds are hereby authorized to be appropriated for the Depart-
ment of Defense for fiscal year 2010 for expenses, not otherwise 
provided for, for Drug Interdiction and Counter-Drug Activities, 
Defense-wide in the amount of $356,603,000. 
SEC. 1516. DEFENSE INSPECTOR GENERAL. 
Funds are hereby authorized to be appropriated for the Depart-
ment of Defense for fiscal year 2010 for expenses, not otherwise 
provided for, for the Office of the Inspector General of the Depart-
ment of Defense in the amount of $8,876,000. 
SEC. 1517. RELATION TO FUNDING TABLES. 
(a) AMOUNTS FOR PROCUREMENT.—The amounts authorized to 
be appropriated by sections 1502, 1503, 1504, 1505, 1506, and 
1507 shall be available, in accordance with the requirements of 
section 4001, for projects, programs, and activities, and in the 
amounts, specified in the funding table in section 4102. 
(b) AMOUNTS FOR RESEARCH, DEVELOPMENT, TEST, AND EVALUA-
TION.—The amounts authorized to be appropriated by section 1508 
shall be available, in accordance with the requirements of section 
4001, for projects, programs, and activities, and in the amounts, 
specified in the funding table in section 4202. 
(c) AMOUNTS FOR OPERATION AND MAINTENANCE.—The amounts 
authorized to be appropriated by section 1509 shall be available, 
in accordance with the requirements of section 4001, for projects, 
programs, and activities, and in the amounts, specified in the 
funding table in section 4302. 
(d) OTHER AMOUNTS.—The amounts authorized to be appro-
priated by sections 1513, 1514, 1515, and 1516 shall be available, 
in accordance with the requirements of section 4001, for projects, 
programs, and activities, and in the amounts, specified in the 
funding table in section 4402. 
SEC. 1518. CONTINUATION OF PROHIBITION ON USE OF UNITED 
STATES FUNDS FOR CERTAIN FACILITIES PROJECTS IN 
IRAQ. 
Section 1508(a) of the Duncan Hunter National Defense 
Authorization Act for Fiscal Year 2009 (Public Law 110–417; 122 
Stat. 4651) shall apply to funds authorized to be appropriated 
by this title. 
SEC. 1519. TREATMENT AS ADDITIONAL AUTHORIZATIONS. 
The amounts authorized to be appropriated by this title are 
in addition to amounts otherwise authorized to be appropriated 
by this Act. 
SEC. 1520. SPECIAL TRANSFER AUTHORITY. 
(a) AUTHORITY TO TRANSFER AUTHORIZATIONS.— 
(1) AUTHORITY.—Upon determination by the Secretary of 
Defense that such action is necessary in the national interest, 
Determination. 
Applicability. 
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123 STAT. 2567 
PUBLIC LAW 111–84—OCT. 28, 2009 
the Secretary may transfer amounts of authorizations made 
available to the Department of Defense in this title for fiscal 
year 2010 between any such authorizations for that fiscal year 
(or any subdivisions thereof). Amounts of authorizations so 
transferred shall be merged with and be available for the 
same purposes as the authorization to which transferred. 
(2) LIMITATION.—The total amount of authorizations that 
the Secretary may transfer under the authority of this section 
may not exceed $4,000,000,000. 
(b) TERMS AND CONDITIONS.—Transfers under this section shall 
be subject to the same terms and conditions as transfers under 
section 1001. 
(c) ADDITIONAL AUTHORITY.—The transfer authority provided 
by this section is in addition to the transfer authority provided 
under section 1001. 
TITLE 
XVII—DEPARTMENT 
OF 
DE-
FENSE–DEPARTMENT OF VETERANS 
AFFAIRS 
MEDICAL 
FACILITY 
DEM-
ONSTRATION PROJECT 
Sec. 1701. Demonstration project authority. 
Sec. 1702. Transfer of property. 
Sec. 1703. Transfer of civilian personnel of the Department of Defense. 
Sec. 1704. Joint funding authority. 
Sec. 1705. Eligibility of members of the uniformed services for care and services. 
Sec. 1706. Extension of DOD–VA Health Care Sharing Incentive Fund. 
SEC. 1701. DEMONSTRATION PROJECT AUTHORITY. 
(a) EXECUTIVE AGREEMENT AUTHORIZED.—Subject to subsection 
(b), the Secretary of Defense, in consultation with the Secretary 
of the Navy, and the Secretary of Veterans Affairs may execute 
a signed executive agreement pursuant to section 706 of the Duncan 
Hunter National Defense Authorization Act for Fiscal Year 2009 
(Public Law 110–417; 122 Stat. 455) for the joint use by the Depart-
ment of Defense and the Department of Veterans Affairs of the 
following: 
(1) A new Navy ambulatory care center (on which construc-
tion commenced in July 2008), parking structure, and sup-
porting structures and facilities in North Chicago, Illinois, and 
Great Lakes, Illinois. 
(2) Medical personal property and equipment relating to 
the center, structures, and facilities described in paragraph 
(1). 
(b) DEADLINE
FOR ENTRY INTO AGREEMENT.—The executive 
agreement authorized by subsection (a) shall be entered into, if 
at all, by not later than 180 days after the date of the enactment 
of this Act. 
(c) SCOPE.—The executive agreement under subsection (a) 
shall— 
(1) be a binding operational agreement on matters under 
the areas specified in section 706 of the Duncan Hunter 
National Defense Authorization Act for Fiscal Year 2009; and 
(2) contain additional terms and conditions as required 
by the provisions of this title. 
(d) REPORTS.— 
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123 STAT. 2568 
PUBLIC LAW 111–84—OCT. 28, 2009 
(1) NOTICE ON AGREEMENT.—Not later than seven days 
before executing an executive agreement under subsection (a), 
the Secretary of Defense and the Secretary of Veterans Affairs 
shall jointly submit to the appropriate committees of Congress 
a report setting forth a copy of the proposed executive agree-
ment. 
(2) FINAL REPORT.—Not later than 180 days after the fifth 
anniversary of the date of the execution of the executive agree-
ment under subsection (a), the Secretary of Defense and the 
Secretary of Veterans Affairs shall jointly submit to the appro-
priate committees of Congress a report on the exercise of the 
authorities in this title at the facility (as defined in section 
1702(a)(1)). The report shall include the following: 
(A) A comprehensive description and assessment of 
the exercise of the authorities in this title. 
(B) The recommendation of the Secretaries as to 
whether the exercise of the authorities in this title should 
continue. 
(3) REPORT ON ADDITIONAL LOCATIONS FOR SIMILAR AGREE-
MENTS.—Not later than 90 days after the date of the enactment 
of this Act, the Secretary of Defense and the Secretary of 
Veterans Affairs shall jointly submit to the appropriate commit-
tees of Congress a report setting forth such recommendations 
as the Secretaries jointly consider appropriate for additional 
locations, if any, at which executive agreements like the execu-
tive agreement under subsection (a) would be advisable. 
(e) COMPTROLLER GENERAL REVIEWS.— 
(1) IN GENERAL.—Not later than one year after the execu-
tion of an executive agreement under subsection (a), and 
annually thereafter, the Comptroller General shall conduct a 
review and assessment of the following: 
(A) The progress made in implementing the agreement. 
(B) The effects of the agreement on the provision of 
care and operation of the facility (as so defined). 
(2) REPORTS.—Not later than 90 days after the commence-
ment of each review and assessment conducted under para-
graph (1), the Comptroller General shall submit to the appro-
priate committees of Congress a report on such review and 
assessment. Each report shall set forth the following: 
(A) The results of such review and assessment. 
(B) Such recommendations for modifications of the 
executive agreement, or the authorities in this title, as 
the Comptroller General considers appropriate in light of 
the results of such review and assessment. 
(f) APPROPRIATE COMMITTEES OF CONGRESS DEFINED.—In this 
section, the term ‘‘appropriate committees of Congress’’ means— 
(1) the Committees on Armed Services and Veterans’ 
Affairs of the Senate; and 
(2) the Committees on Armed Services and Veterans’ 
Affairs of the House of Representatives. 
SEC. 1702. TRANSFER OF PROPERTY. 
(a) TRANSFER.— 
(1) TRANSFER
AUTHORIZED.—The Secretary of Defense, 
acting through the Administrator of General Services, may 
transfer, without reimbursement, to the Secretary of Veterans 
Deadlines. 
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123 STAT. 2569 
PUBLIC LAW 111–84—OCT. 28, 2009 
Affairs jurisdiction, custody, and control over the center, struc-
tures, facilities, and property and equipment covered by the 
executive agreement under section 1701 (hereafter in this title 
referred to as the ‘‘facility’’). 
(2) DATE OF TRANSFER.—The transfer authorized by para-
graph (1) may not occur before the earlier of— 
(A) the date that is five years after the date of the 
execution under section 1701 of the executive agreement 
under that section; or 
(B) the date of the completion of such specific bench-
marks relating to the joint use by the Department of 
Defense and the Department of Veterans Affairs of the 
Navy ambulatory care center described in section 1701(a)(1) 
as the Secretary of Defense (in consultation with the Sec-
retary of the Navy) and Secretary of the Department of 
Veterans Affairs shall jointly establish for purposes of this 
section not later than 180 days after the date of the enact-
ment of this Act. 
(3) DELAY OF TRANSFER FOR COMPLETION OF CONSTRUC-
TION.—If construction on the center, structures, and facilities 
described in paragraph (1) is not complete as of the date speci-
fied in subparagraph (A) or (B) of paragraph (2), as applicable, 
the transfer of the center, structures, and facilities under that 
paragraph may occur thereafter upon completion of the 
construction. 
(4) DISCHARGE OF TRANSFER.—The Administrator of Gen-
eral Services shall complete the transfer as authorized by this 
subsection not later than 30 days after receipt of the request 
for the transfer. 
(b) REVERSION.— 
(1) IN GENERAL.—If any of the real and related personal 
property transferred pursuant to subsection (a) is subsequently 
used for purposes other than those specified in the executive 
agreement under section 1701, or is otherwise jointly deter-
mined by the Secretary of Defense and the Secretary of Vet-
erans Affairs to be excess to the needs of the facility, the 
Secretary of Veterans Affairs shall offer to transfer jurisdiction, 
custody, and control over such property, without reimburse-
ment, to the Secretary of Defense. Any such transfer shall 
be carried out by the Administrator of General Services not 
later than one year after the acceptance of the offer of such 
transfer, plus such additional time as the Administrator may 
require to complete such transfer. 
(2) REVERSION IN EVENT OF LACK OF FACILITIES INTEGRA-
TION.— 
(A) WITHIN
INITIAL
PERIOD.—During the five-year 
period beginning on the date of the transfer of real and 
related personal property pursuant to subsection (a), if 
the Secretary of Veterans Affairs, the Secretary of Defense, 
and the Secretary of Navy jointly determine that the 
integration of the facilities transferred pursuant to that 
subsection should not continue, jurisdiction, custody, and 
control over such real and related personal property shall 
be transferred, without reimbursement, to the Secretary 
of Defense. The transfer under this subparagraph shall 
be carried out by the Administrator of General Services 
not later than 180 days after the date of the determination 
Real property. 
Determination. 
Deadlines. 
Deadline. 
Deadline. 
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123 STAT. 2570 
PUBLIC LAW 111–84—OCT. 28, 2009 
by the Secretaries, plus such additional time as the 
Administrator may require to complete such transfer. 
(B) AFTER INITIAL PERIOD.—After the end of the five- 
year period described in subparagraph (A), if the Secretary 
of Veterans Affairs or the Secretary of Defense determines 
that the integration of the facilities transferred pursuant 
to subsection (a) should not continue, the Secretary of 
Veterans Affairs shall transfer, without reimbursement, 
to the Secretary of Defense jurisdiction, custody, and con-
trol over the real and related personal property described 
in subparagraph (A). Any transfer under this subparagraph 
shall be carried out by the Administrator of General Serv-
ices not later than one year after the date of the determina-
tion by the applicable Secretary, plus such additional time 
as the Administrator may require to complete such 
transfer. 
(C) REVERSION PROCEDURES.—The executive agreement 
under section 1701 shall provide the following: 
(i) Specific procedures for the reversion of real 
and related personal property, as appropriate, trans-
ferred pursuant to subsection (a) to ensure the con-
tinuing accomplishment by the Department of Defense 
and the Department of Veterans Affairs of their mis-
sions in the event that the integration of facilities 
described transferred pursuant to that subsection (a) 
is not completed or a reversion of property occurs under 
subparagraph (A) or (B). 
(ii) In the event of a reversion under this para-
graph, the transfer from the Department of Veterans 
Affairs to the Department of Defense of associated 
functions including appropriate resources, civilian posi-
tions, and personnel, in a manner that will not result 
in adverse impact to the missions of Department of 
Defense or the Department of Veterans Affairs. 
SEC. 1703. TRANSFER OF CIVILIAN PERSONNEL OF THE DEPARTMENT 
OF DEFENSE. 
(a) TRANSFER OF FUNCTIONS.—The Secretary of Defense and 
the Secretary of the Navy may transfer to the Secretary of Veterans 
Affairs functions necessary for the effective operation of the facility. 
The Secretary of Veterans Affairs may accept any functions so 
transferred. 
(b) TERMS.— 
(1) EXECUTIVE
AGREEMENT.—Any transfer of functions 
under subsection (a) shall be carried out as provided in the 
executive agreement under section 1701. The functions to be 
so transferred shall be identified utilizing the provisions of 
section 3503 of title 5, United States Code. 
(2) ELEMENTS.—In providing for the transfer of functions 
under subsection (a), the executive agreement under section 
1701 shall provide for the following: 
(A) The transfer of civilian employee positions of the 
Department of Defense identified in the executive agree-
ment to the Department of Veterans Affairs, and of the 
incumbent civilian employees in such positions, and the 
transition of the employees so transferred to the pay, bene-
fits, and personnel systems that apply to employees of 
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123 STAT. 2571 
PUBLIC LAW 111–84—OCT. 28, 2009 
the Department of Veterans Affairs (to the extent that 
different systems apply). 
(B) The transition of employees so transferred to the 
pay systems of the Department of Veterans Affairs in a 
manner which will not result in any reduction in an 
employee’s regular rate of compensation (including basic 
pay, locality pay, any physician comparability allowance, 
and any other fixed and recurring pay supplement) at 
the time of transition. 
(C) The continuation after transfer of the same employ-
ment status for employees so transferred who have already 
successfully completed or are in the process of completing 
a one-year probationary period under title 5, United States 
Code, notwithstanding the provisions of section 7403(b)(1) 
of title 38, United States Code. 
(D) The extension of collective bargaining rights under 
title 5, United States Code, to employees so transferred 
in positions listed in subsection 7421(b) of title 38, United 
States Code, notwithstanding the provisions of section 7422 
of title 38, United States Code, for a two-year period begin-
ning on the effective date of the executive agreement. 
(E) At the end of the two-year period beginning on 
the effective date of the executive agreement, for the fol-
lowing actions by the Secretary of Veterans Affairs with 
respect to the extension of collective bargaining rights 
under subparagraph (D): 
(i) Consideration of the impact of the extension 
of such rights. 
(ii) Consultation with exclusive employee rep-
resentatives of the transferred employees about such 
impact. 
(iii) Determination, after consultation with the Sec-
retary of Defense and the Secretary of the Navy, 
whether the extension of such rights should be termi-
nated, modified, or kept in effect. 
(iv) Submittal to Congress of a notice regarding 
the determination made under clause (iii). 
(F) The recognition after transfer of each transferred 
physician’s and dentist’s total number of years of service 
as a physician or dentist in the Department of Defense 
for purposes of calculating such employee’s rate of base 
pay, notwithstanding the provisions of section 7431(b)(3) 
of title 38, United States Code. 
(G) The preservation of the seniority of the employees 
so transferred for all pay purposes. 
(c) RETENTION
OF DEPARTMENT
OF DEFENSE EMPLOYMENT 
AUTHORITY.—Notwithstanding subsections (a) and (b), the Depart-
ment of Defense may employ civilian personnel at the facility if 
the Secretary of the Navy, or a designee of the Secretary, determines 
it is necessary and appropriate to meet mission requirements of 
the Department of the Navy. 
SEC. 1704. JOINT FUNDING AUTHORITY. 
(a) JOINT MEDICAL FACILITY DEMONSTRATION FUND.— 
(1) ESTABLISHMENT.—There is established on the books 
of the Treasury under the Department of Veterans Affairs 
a fund to be known as the ‘‘Joint Department of Defense– 
Determination. 
Notice. 
Determination. 
Consultation. 
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123 STAT. 2572 
PUBLIC LAW 111–84—OCT. 28, 2009 
Department of Veterans Affairs Medical Facility Demonstration 
Fund’’ (in this section referred to as the ‘‘Fund’’). 
(2) ELEMENTS.—The Fund shall consist of the following: 
(A) Amounts transferred to the Fund by the Secretary 
of Defense, in consultation with the Secretary of the Navy, 
from amounts authorized and appropriated for the Depart-
ment of Defense specifically for that purpose. 
(B) Amounts transferred to the Fund by the Secretary 
of Veterans Affairs from amounts authorized and appro-
priated for the Department of Veterans Affairs specifically 
for that purpose. 
(C) Amounts transferred to the Fund from medical 
care collections under paragraph (4). 
(3) DETERMINATION
OF
AMOUNTS
TRANSFERRED
GEN-
ERALLY.—The amount transferred to the Fund by each of the 
Secretary of Defense and the Secretary of Veterans Affairs 
under subparagraphs (A) and (B), as applicable, of paragraph 
(2) each fiscal year shall be such amount, as determined by 
a methodology jointly established by the Secretary of Defense 
and the Secretary of Veterans Affairs for purposes of this 
subsection, that reflects the mission-specific activities, work-
load, and costs of provision of health care at the facility of 
the Department of Defense and the Department of Veterans 
Affairs, respectively. 
(4) TRANSFERS FROM MEDICAL CARE COLLECTIONS.— 
(A) IN GENERAL.—Amounts collected under the authori-
ties specified in subparagraph (B) for health care provided 
at the facility may be transferred to the Fund under para-
graph (2)(C). 
(B) AUTHORITIES.—The authorities specified in this 
subparagraph are the following: 
(i) Section 1095 of title 10, United States Code. 
(ii) Section 1729 of title 38, United States Code. 
(iii) Public Law 87–693, popularly known as the 
‘‘Federal Medical Care Recovery Act’’ (42 U.S.C. 2651 
et seq.). 
(5) ADMINISTRATION.—The Fund shall be administered in 
accordance with such provisions of the executive agreement 
under section 1701 as the Secretary of Defense and the Sec-
retary of Veterans Affairs shall jointly include in the executive 
agreement. Such provisions shall provide for an independent 
review of the methodology established under paragraph (3). 
(b) AVAILABILITY.— 
(1) IN GENERAL.—Funds transferred to the Fund under 
subsection (a) shall be available to fund the operations of the 
facility, including capital equipment, real property mainte-
nance, and minor construction projects that are not required 
to be specifically authorized by law under section 2805 of title 
10, United States Code, or section 8104 of title 38, United 
States Code. 
(2) LIMITATION.—The availability of funds transferred to 
the Fund under subsection (a)(2)(C) shall be subject to the 
provisions of section 1729A of title 38, United States Code. 
(3) PERIOD OF AVAILABILITY.— 
(A) IN GENERAL.—Except as provided in subparagraph 
(B), funds transferred to the Fund under subsection (a) 
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123 STAT. 2573 
PUBLIC LAW 111–84—OCT. 28, 2009 
shall be available under paragraph (1) for one fiscal year 
after transfer. 
(B) EXCEPTION.—Of an amount transferred to the Fund 
under subsection (a), an amount not to exceed two percent 
of such amount shall be available under paragraph (1) 
for two fiscal years after transfer. 
(c) FINANCIAL
RECONCILIATION.—The executive agreement 
under section 1701 shall provide for the development and 
implementation of an integrated financial reconciliation process 
that meets the fiscal reconciliation requirements of the Department 
of Defense, the Department of the Navy, and the Department of 
Veterans Affairs. The process shall permit each of the Department 
of Defense, the Department of Navy, and the Department of Vet-
erans Affairs to identify their fiscal contributions to the Fund, 
taking into consideration accounting, workload, and financial 
management differences. 
(d) ANNUAL REPORT.—The Secretary of Defense, in consultation 
with the Secretary of the Navy, and the Secretary of Veterans 
Affairs shall jointly provide for an annual independent review of 
the Fund for at least three years after the date of the enactment 
of this Act. Such review shall include detailed statements of the 
uses of amounts of the Fund and an evaluation of the adequacy 
of the proportional share contributed to the Fund by each of the 
Secretary of Defense and the Secretary of Veterans Affairs. 
(e) TERMINATION.—The authorities in this section shall termi-
nate on September 30, 2015. 
SEC. 1705. ELIGIBILITY OF MEMBERS OF THE UNIFORMED SERVICES 
FOR CARE AND SERVICES. 
(a) IN GENERAL.—For purposes of eligibility for health care 
under chapter 55 of title 10, United States Code, the facility may 
be treated as a facility of the uniformed services to the extent 
provided in the executive agreement under section 1701. 
(b) PRIORITY OF TREATMENT.—The executive agreement under 
section 1701 shall provide an integrated priority list for access 
to health care at the facility, which list shall— 
(1) integrate the respective health care priority lists of 
the Secretary of Defense and the Secretary of Veterans Affairs, 
giving first priority of care to members of the Armed Forces 
on active duty; and 
(2) take into account categories of beneficiaries, enrollment 
program status, and such other matters as the Secretary of 
Defense and the Secretary of Veterans Affairs jointly consider 
appropriate. 
(c) ADDITIONAL ELEMENTS.—The executive agreement under 
section 1701 may include provisions as follows: 
(1) To incorporate any resource-related limitations for 
access to health care at the facility that the Secretary of Defense 
may establish for purposes of administering space-available 
eligibility for care in facilities of the uniformed services under 
chapter 55 of title 10, United States Code. 
(2) To waive the applicability to the facility of any provision 
of section 8111(e) of title 38, United States Code, that the 
Secretary of Defense and the Secretary of Veterans Affairs 
shall jointly specify. 
(3) To allocate financial responsibility for care provided 
at the facility for individuals who are eligible for care under 
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123 STAT. 2574 
PUBLIC LAW 111–84—OCT. 28, 2009 
both chapter 55 of title 10, United States Code, and title 38, 
United States Code. 
SEC. 1706. EXTENSION OF DOD–VA HEALTH CARE SHARING INCENTIVE 
FUND. 
Section 8111(d)(3) of title 38, United States Code, is amended 
by striking ‘‘September 30, 2010’’ and inserting ‘‘September 30, 
2015’’. 
TITLE XVIII—MILITARY COMMISSIONS 
Sec. 1801. Short title. 
Sec. 1802. Military commissions. 
Sec. 1803. Conforming amendments. 
Sec. 1804. Proceedings under prior statute. 
Sec. 1805. Submittal to Congress of revised rules for military commissions. 
Sec. 1806. Annual reports to Congress on trials by military commission. 
Sec. 1807. Sense of Congress on military commission system. 
SEC. 1801. SHORT TITLE. 
This title may be cited as the ‘‘Military Commissions Act of 
2009’’. 
SEC. 1802. MILITARY COMMISSIONS. 
Chapter 47A of title 10, United States Code, is amended to 
read as follows: 
‘‘CHAPTER 47A—MILITARY COMMISSIONS 
‘‘SUBCHAPTER 
Sec. 
‘‘I. General Provisions ............................................................................................
948a. 
‘‘II. Composition of Military Commissions ...........................................................
948h. 
‘‘III. Pre-Trial Procedure ........................................................................................
948q. 
‘‘IV. Trial Procedure ...............................................................................................
949a. 
‘‘V. Classified Information Procedures ..................................................................
949p–1. 
‘‘VI. Sentences .........................................................................................................
949s. 
‘‘VII. Post-Trial Procedures and Review of Military Commissions .....................
950a. 
‘‘VIII. Punitive Matters ..........................................................................................
950p. 
‘‘SUBCHAPTER I—GENERAL PROVISIONS 
‘‘Sec. 
‘‘948a. Definitions. 
‘‘948b. Military commissions generally. 
‘‘948c. Persons subject to military commissions. 
‘‘948d. Jurisdiction of military commissions. 
‘‘§ 948a. Definitions 
‘‘In this chapter: 
‘‘(1) ALIEN.—The term ‘alien’ means an individual who 
is not a citizen of the United States. 
‘‘(2) 
CLASSIFIED
INFORMATION.—The 
term 
‘classified 
information’ means the following: 
‘‘(A) Any information or material that has been deter-
mined by the United States Government pursuant to 
statute, Executive order, or regulation to require protection 
against unauthorized disclosure for reasons of national 
security. 
‘‘(B) Any restricted data, as that term is defined in 
section 11 y. of the Atomic Energy Act of 1954 (42 U.S.C. 
2014(y)). 
10 USC 948a 
note. 
Military 
Commissions Act 
of 2009. 
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123 STAT. 2575 
PUBLIC LAW 111–84—OCT. 28, 2009 
‘‘(3) COALITION PARTNER.—The term ‘coalition partner’, with 
respect to hostilities engaged in by the United States, means 
any State or armed force directly engaged along with the United 
States in such hostilities or providing direct operational support 
to the United States in connection with such hostilities. 
‘‘(4) GENEVA CONVENTION RELATIVE TO THE TREATMENT OF 
PRISONERS OF WAR.—The term ‘Geneva Convention Relative 
to the Treatment of Prisoners of War’ means the Convention 
Relative to the Treatment of Prisoners of War, done at Geneva 
August 12, 1949 (6 UST 3316). 
‘‘(5) GENEVA
CONVENTIONS.—The term ‘Geneva Conven-
tions’ means the international conventions signed at Geneva 
on August 12, 1949. 
‘‘(6) PRIVILEGED BELLIGERENT.—The term ‘privileged bellig-
erent’ means an individual belonging to one of the eight cat-
egories enumerated in Article 4 of the Geneva Convention 
Relative to the Treatment of Prisoners of War. 
‘‘(7) 
UNPRIVILEGED
ENEMY
BELLIGERENT.—The 
term 
‘unprivileged enemy belligerent’ means an individual (other 
than a privileged belligerent) who— 
‘‘(A) has engaged in hostilities against the United 
States or its coalition partners; 
‘‘(B) has purposefully and materially supported hos-
tilities against the United States or its coalition partners; 
or 
‘‘(C) was a part of al Qaeda at the time of the alleged 
offense under this chapter. 
‘‘(8) NATIONAL
SECURITY.—The term ‘national security’ 
means the national defense and foreign relations of the United 
States. 
‘‘(9) HOSTILITIES.—The term ‘hostilities’ means any conflict 
subject to the laws of war. 
‘‘§ 948b. Military commissions generally 
‘‘(a) PURPOSE.—This chapter establishes procedures governing 
the use of military commissions to try alien unprivileged enemy 
belligerents for violations of the law of war and other offenses 
triable by military commission. 
‘‘(b) AUTHORITY
FOR
MILITARY
COMMISSIONS
UNDER
THIS 
CHAPTER.—The President is authorized to establish military 
commissions under this chapter for offenses triable by military 
commission as provided in this chapter. 
‘‘(c) CONSTRUCTION OF PROVISIONS.—The procedures for mili-
tary commissions set forth in this chapter are based upon the 
procedures for trial by general courts-martial under chapter 47 
of this title (the Uniform Code of Military Justice). Chapter 47 
of this title does not, by its terms, apply to trial by military commis-
sion except as specifically provided therein or in this chapter, and 
many of the provisions of chapter 47 of this title are by their 
terms inapplicable to military commissions. The judicial construc-
tion and application of chapter 47 of this title, while instructive, 
is therefore not of its own force binding on military commissions 
established under this chapter. 
‘‘(d) INAPPLICABILITY
OF CERTAIN PROVISIONS.—(1) The fol-
lowing provisions of this title shall not apply to trial by military 
commission under this chapter: 
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123 STAT. 2576 
PUBLIC LAW 111–84—OCT. 28, 2009 
‘‘(A) Section 810 (article 10 of the Uniform Code of Military 
Justice), relating to speedy trial, including any rule of courts- 
martial relating to speedy trial. 
‘‘(B) Sections 831(a), (b), and (d) (articles 31(a), (b), and 
(d) of the Uniform Code of Military Justice), relating to compul-
sory self-incrimination. 
‘‘(C) Section 832 (article 32 of the Uniform Code of Military 
Justice), relating to pretrial investigation. 
‘‘(2) Other provisions of chapter 47 of this title shall apply 
to trial by military commission under this chapter only to the 
extent provided by the terms of such provisions or by this chapter. 
‘‘(e) GENEVA CONVENTIONS NOT ESTABLISHING PRIVATE RIGHT 
OF ACTION.—No alien unprivileged enemy belligerent subject to 
trial by military commission under this chapter may invoke the 
Geneva Conventions as a basis for a private right of action. 
‘‘§ 948c. Persons subject to military commissions 
‘‘Any alien unprivileged enemy belligerent is subject to trial 
by military commission as set forth in this chapter. 
‘‘§ 948d. Jurisdiction of military commissions 
‘‘A military commission under this chapter shall have jurisdic-
tion to try persons subject to this chapter for any offense made 
punishable by this chapter, sections 904 and 906 of this title (arti-
cles 104 and 106 of the Uniform Code of Military Justice), or 
the law of war, whether such offense was committed before, on, 
or after September 11, 2001, and may, under such limitations 
as the President may prescribe, adjudge any punishment not forbid-
den by this chapter, including the penalty of death when specifically 
authorized under this chapter. A military commission is a competent 
tribunal to make a finding sufficient for jurisdiction. 
‘‘SUBCHAPTER II—COMPOSITION OF MILITARY 
COMMISSIONS 
‘‘Sec. 
‘‘948h. Who may convene military commissions. 
‘‘948i. Who may serve on military commissions. 
‘‘948j. Military judge of a military commission. 
‘‘948k. Detail of trial counsel and defense counsel. 
‘‘948l. Detail or employment of reporters and interpreters. 
‘‘948m. Number of members; excuse of members; absent and additional members. 
‘‘§ 948h. Who may convene military commissions 
‘‘Military commissions under this chapter may be convened 
by the Secretary of Defense or by any officer or official of the 
United States designated by the Secretary for that purpose. 
‘‘§ 948i. Who may serve on military commissions 
‘‘(a) IN GENERAL.—Any commissioned officer of the armed forces 
on active duty is eligible to serve on a military commission under 
this chapter, including commissioned officers of the reserve compo-
nents of the armed forces on active duty, commissioned officers 
of the National Guard on active duty in Federal service, or retired 
commissioned officers recalled to active duty. 
‘‘(b) DETAIL OF MEMBERS.—When convening a military commis-
sion under this chapter, the convening authority shall detail as 
members thereof such members of the armed forces eligible under 
subsection (a) who, in the opinion of the convening authority, are 
Applicability. 
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123 STAT. 2577 
PUBLIC LAW 111–84—OCT. 28, 2009 
best qualified for the duty by reason of age, education, training, 
experience, length of service, and judicial temperament. No member 
of an armed force is eligible to serve as a member of a military 
commission when such member is the accuser or a witness for 
the prosecution or has acted as an investigator or counsel in the 
same case. 
‘‘(c) EXCUSE OF MEMBERS.—Before a military commission under 
this chapter is assembled for the trial of a case, the convening 
authority may excuse a member from participating in the case. 
‘‘§ 948j. Military judge of a military commission 
‘‘(a) DETAIL OF MILITARY JUDGE.—A military judge shall be 
detailed to each military commission under this chapter. The Sec-
retary of Defense shall prescribe regulations providing for the 
manner in which military judges are so detailed to military commis-
sions. The military judge shall preside over each military commis-
sion to which such military judge has been detailed. 
‘‘(b) ELIGIBILITY.—A military judge shall be a commissioned 
officer of the armed forces who is a member of the bar of a Federal 
court, or a member of the bar of the highest court of a State, 
and who is certified to be qualified for duty under section 826 
of this title (article 26 of the Uniform Code of Military Justice) 
as a military judge of general courts-martial by the Judge Advocate 
General of the armed force of which such military judge is a 
member. 
‘‘(c) INELIGIBILITY
OF CERTAIN INDIVIDUALS.—No person is 
eligible to act as military judge in a case of a military commission 
under this chapter if such person is the accuser or a witness 
or has acted as investigator or a counsel in the same case. 
‘‘(d) CONSULTATION WITH MEMBERS; INELIGIBILITY TO VOTE.— 
A military judge detailed to a military commission under this 
chapter may not consult with the members except in the presence 
of the accused (except as otherwise provided in section 949d of 
this title), trial counsel, and defense counsel, nor may such military 
judge vote with the members. 
‘‘(e) OTHER DUTIES.—A commissioned officer who is certified 
to be qualified for duty as a military judge of a military commission 
under this chapter may perform such other duties as are assigned 
to such officer by or with the approval of the Judge Advocate 
General of the armed force of which such officer is a member 
or the designee of such Judge Advocate General. 
‘‘(f) PROHIBITION ON EVALUATION OF FITNESS BY CONVENING 
AUTHORITY.—The convening authority of a military commission 
under this chapter may not prepare or review any report concerning 
the effectiveness, fitness, or efficiency of a military judge detailed 
to the military commission which relates to such judge’s perform-
ance of duty as a military judge on the military commission. 
‘‘§ 948k. Detail of trial counsel and defense counsel 
‘‘(a) DETAIL OF COUNSEL GENERALLY.—(1) Trial counsel and 
military defense counsel shall be detailed for each military commis-
sion under this chapter. 
‘‘(2) Assistant trial counsel and assistant and associate defense 
counsel may be detailed for a military commission under this 
chapter. 
‘‘(3) Military defense counsel for a military commission under 
this chapter shall be detailed as soon as practicable. 
Regulations. 
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123 STAT. 2578 
PUBLIC LAW 111–84—OCT. 28, 2009 
‘‘(4) The Secretary of Defense shall prescribe regulations pro-
viding for the manner in which trial counsel and military defense 
counsel are detailed for military commissions under this chapter 
and for the persons who are authorized to detail such counsel 
for such military commissions. 
‘‘(b) TRIAL COUNSEL.—Subject to subsection (e), a trial counsel 
detailed for a military commission under this chapter shall be— 
‘‘(1) a judge advocate (as that term is defined in section 
801 of this title (article 1 of the Uniform Code of Military 
Justice)) who is— 
‘‘(A) a graduate of an accredited law school or a member 
of the bar of a Federal court or of the highest court of 
a State; and 
‘‘(B) certified as competent to perform duties as trial 
counsel before general courts-martial by the Judge Advo-
cate General of the armed force of which such judge advo-
cate is a member; or 
‘‘(2) a civilian who is— 
‘‘(A) a member of the bar of a Federal court or of 
the highest court of a State; and 
‘‘(B) otherwise qualified to practice before the military 
commission pursuant to regulations prescribed by the Sec-
retary of Defense. 
‘‘(c) DEFENSE COUNSEL.—(1) Subject to subsection (e), a military 
defense counsel detailed for a military commission under this 
chapter shall be a judge advocate (as so defined) who is— 
‘‘(A) a graduate of an accredited law school or a member 
of the bar of a Federal court or of the highest court of a 
State; and 
‘‘(B) certified as competent to perform duties as defense 
counsel before general courts-martial by the Judge Advocate 
General of the armed force of which such judge advocate is 
a member. 
‘‘(2) The Secretary of Defense shall prescribe regulations for 
the appointment and performance of defense counsel in capital 
cases under this chapter. 
‘‘(d) CHIEF PROSECUTOR; CHIEF DEFENSE COUNSEL.—(1) The 
Chief Prosecutor in a military commission under this chapter shall 
meet the requirements set forth in subsection (b)(1). 
‘‘(2) The Chief Defense Counsel in a military commission under 
this chapter shall meet the requirements set forth in subsection 
(c)(1). 
‘‘(e) INELIGIBILITY OF CERTAIN INDIVIDUALS.—No person who 
has acted as an investigator, military judge, or member of a military 
commission under this chapter in any case may act later as trial 
counsel or military defense counsel in the same case. No person 
who has acted for the prosecution before a military commission 
under this chapter may act later in the same case for the defense, 
nor may any person who has acted for the defense before a military 
commission under this chapter act later in the same case for the 
prosecution. 
‘‘§ 948l. Detail or employment of reporters and interpreters 
‘‘(a) COURT REPORTERS.—Under such regulations as the Sec-
retary of Defense may prescribe, the convening authority of a mili-
tary commission under this chapter shall detail to or employ for 
the military commission qualified court reporters, who shall prepare 
Regulations. 
Regulations. 
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123 STAT. 2579 
PUBLIC LAW 111–84—OCT. 28, 2009 
a verbatim record of the proceedings of and testimony taken before 
the military commission. 
‘‘(b) INTERPRETERS.—Under such regulations as the Secretary 
of Defense may prescribe, the convening authority of a military 
commission under this chapter may detail to or employ for the 
military commission interpreters who shall interpret for the military 
commission, and, as necessary, for trial counsel and defense counsel 
for the military commission, and for the accused. 
‘‘(c) TRANSCRIPT; RECORD.—The transcript of a military commis-
sion under this chapter shall be under the control of the convening 
authority of the military commission, who shall also be responsible 
for preparing the record of the proceedings of the military commis-
sion. 
‘‘§ 948m. Number of members; excuse of members; absent 
and additional members 
‘‘(a) NUMBER OF MEMBERS.—(1) Except as provided in para-
graph (2), a military commission under this chapter shall have 
at least five members. 
‘‘(2) In a case in which the accused before a military commission 
under this chapter may be sentenced to a penalty of death, the 
military commission shall have the number of members prescribed 
by section 949m(c) of this title. 
‘‘(b) EXCUSE OF MEMBERS.—No member of a military commis-
sion under this chapter may be absent or excused after the military 
commission has been assembled for the trial of a case unless 
excused— 
‘‘(1) as a result of challenge; 
‘‘(2) by the military judge for physical disability or other 
good cause; or 
‘‘(3) by order of the convening authority for good cause. 
‘‘(c) ABSENT AND ADDITIONAL MEMBERS.—Whenever a military 
commission under this chapter is reduced below the number of 
members required by subsection (a), the trial may not proceed 
unless the convening authority details new members sufficient to 
provide not less than such number. The trial may proceed with 
the new members present after the recorded evidence previously 
introduced before the members has been read to the military 
commission in the presence of the military judge, the accused 
(except as provided in section 949d of this title), and counsel for 
both sides. 
‘‘SUBCHAPTER III—PRE-TRIAL PROCEDURE 
‘‘Sec. 
‘‘948q. Charges and specifications. 
‘‘948r. Exclusion of statements obtained by torture or cruel, inhuman, or degrading 
treatment; prohibition of self-incrimination; admission of other state-
ments of the accused. 
‘‘948s. Service of charges. 
‘‘§ 948q. Charges and specifications 
‘‘(a) CHARGES AND SPECIFICATIONS.—Charges and specifications 
against an accused in a military commission under this chapter 
shall be signed by a person subject to chapter 47 of this title 
under oath before a commissioned officer of the armed forces author-
ized to administer oaths and shall state— 
‘‘(1) that the signer has personal knowledge of, or reason 
to believe, the matters set forth therein; and 
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123 STAT. 2580 
PUBLIC LAW 111–84—OCT. 28, 2009 
‘‘(2) that such matters are true in fact to the best of 
the signer’s knowledge and belief. 
‘‘(b) NOTICE TO ACCUSED.—Upon the swearing of the charges 
and specifications in accordance with subsection (a), the accused 
shall be informed of the charges and specifications against the 
accused as soon as practicable. 
‘‘§ 948r. Exclusion of statements obtained by torture or cruel, 
inhuman, or degrading treatment; prohibition of 
self-incrimination; admission of other statements 
of the accused 
‘‘(a) EXCLUSION OF STATEMENTS OBTAIN BY TORTURE OR CRUEL, 
INHUMAN, OR DEGRADING TREATMENT.—No statement obtained by 
the use of torture or by cruel, inhuman, or degrading treatment 
(as defined by section 1003 of the Detainee Treatment Act of 2005 
(42 U.S.C. 2000dd)), whether or not under color of law, shall be 
admissible in a military commission under this chapter, except 
against a person accused of torture or such treatment as evidence 
that the statement was made. 
‘‘(b) SELF-INCRIMINATION
PROHIBITED.—No person shall be 
required to testify against himself or herself at a proceeding of 
a military commission under this chapter. 
‘‘(c) OTHER STATEMENTS
OF
THE ACCUSED.—A statement of 
the accused may be admitted in evidence in a military commission 
under this chapter only if the military judge finds— 
‘‘(1) that the totality of the circumstances renders the state-
ment reliable and possessing sufficient probative value; and 
‘‘(2) that— 
‘‘(A) the statement was made incident to lawful conduct 
during military operations at the point of capture or during 
closely related active combat engagement, and the interests 
of justice would best be served by admission of the state-
ment into evidence; or 
‘‘(B) the statement was voluntarily given. 
‘‘(d) DETERMINATION OF VOLUNTARINESS.—In determining for 
purposes of subsection (c)(2)(B) whether a statement was voluntarily 
given, the military judge shall consider the totality of the cir-
cumstances, including, as appropriate, the following: 
‘‘(1) The details of the taking of the statement, accounting 
for the circumstances of the conduct of military and intelligence 
operations during hostilities. 
‘‘(2) The characteristics of the accused, such as military 
training, age, and education level. 
‘‘(3) The lapse of time, change of place, or change in identity 
of the questioners between the statement sought to be admitted 
and any prior questioning of the accused. 
‘‘§ 948s. Service of charges 
‘‘The trial counsel assigned to a case before a military commis-
sion under this chapter shall cause to be served upon the accused 
and military defense counsel a copy of the charges upon which 
trial is to be had in English and, if appropriate, in another language 
that the accused understands, sufficiently in advance of trial to 
prepare a defense. 
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123 STAT. 2581 
PUBLIC LAW 111–84—OCT. 28, 2009 
‘‘SUBCHAPTER IV—TRIAL PROCEDURE 
‘‘Sec. 
‘‘949a. Rules. 
‘‘949b. Unlawfully influencing action of military commission and United States 
Court of Military Commission Review. 
‘‘949c. Duties of trial counsel and defense counsel. 
‘‘949d. Sessions. 
‘‘949e. Continuances. 
‘‘949f. Challenges. 
‘‘949g. Oaths. 
‘‘949h. Former jeopardy. 
‘‘949i. Pleas of the accused. 
‘‘949j. Opportunity to obtain witnesses and other evidence. 
‘‘949k. Defense of lack of mental responsibility. 
‘‘949l. Voting and rulings. 
‘‘949m. Number of votes required. 
‘‘949n. Military commission to announce action. 
‘‘949o. Record of trial. 
‘‘§ 949a. Rules 
‘‘(a) PROCEDURES AND RULES OF EVIDENCE.—Pretrial, trial, and 
post-trial procedures, including elements and modes of proof, for 
cases triable by military commission under this chapter may be 
prescribed by the Secretary of Defense. Such procedures may not 
be contrary to or inconsistent with this chapter. Except as otherwise 
provided in this chapter or chapter 47 of this title, the procedures 
and rules of evidence applicable in trials by general courts-martial 
of the United States shall apply in trials by military commission 
under this chapter. 
‘‘(b) EXCEPTIONS.—(1) In trials by military commission under 
this chapter, the Secretary of Defense, in consultation with the 
Attorney General, may make such exceptions in the applicability 
of the procedures and rules of evidence otherwise applicable in 
general courts-martial as may be required by the unique cir-
cumstances of the conduct of military and intelligence operations 
during hostilities or by other practical need consistent with this 
chapter. 
‘‘(2) Notwithstanding any exceptions authorized by paragraph 
(1), the procedures and rules of evidence in trials by military 
commission under this chapter shall include, at a minimum, the 
following rights of the accused: 
‘‘(A) To present evidence in the accused’s defense, to cross- 
examine the witnesses who testify against the accused, and 
to examine and respond to all evidence admitted against the 
accused on the issue of guilt or innocence and for sentencing, 
as provided for by this chapter. 
‘‘(B) To be present at all sessions of the military commission 
(other than those for deliberations or voting), except when 
excluded under section 949d of this title. 
‘‘(C)(i) When none of the charges preferred against the 
accused are capital, to be represented before a military commis-
sion by civilian counsel if provided at no expense to the Govern-
ment, and by either the defense counsel detailed or the military 
counsel of the accused’s own selection, if reasonably available. 
‘‘(ii) When any of the charges preferred against the accused 
are capital, to be represented before a military commission 
in accordance with clause (i) and, to the greatest extent prac-
ticable, by at least one additional counsel who is learned in 
applicable law relating to capital cases and who, if necessary, 
may be a civilian and compensated in accordance with regula-
tions prescribed by the Secretary of Defense. 
Applicability. 
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123 STAT. 2582 
PUBLIC LAW 111–84—OCT. 28, 2009 
‘‘(D) To self-representation, if the accused knowingly and 
competently waives the assistance of counsel, subject to the 
provisions of paragraph (4). 
‘‘(E) To the suppression of evidence that is not reliable 
or probative. 
‘‘(F) To the suppression of evidence the probative value 
of which is substantially outweighed by— 
‘‘(i) the danger of unfair prejudice, confusion of the 
issues, or misleading the members; or 
‘‘(ii) considerations of undue delay, waste of time, or 
needless presentation of cumulative evidence. 
‘‘(3) In making exceptions in the applicability in trials by mili-
tary commission under this chapter from the procedures and rules 
otherwise applicable in general courts-martial, the Secretary of 
Defense may provide the following: 
‘‘(A) Evidence seized outside the United States shall not 
be excluded from trial by military commission on the grounds 
that the evidence was not seized pursuant to a search warrant 
or authorization. 
‘‘(B) A statement of the accused that is otherwise admissible 
shall not be excluded from trial by military commission on 
grounds of alleged coercion or compulsory self-incrimination 
so long as the evidence complies with the provisions of section 
948r of this title. 
‘‘(C) Evidence shall be admitted as authentic so long as— 
‘‘(i) the military judge of the military commission deter-
mines that there is sufficient evidence that the evidence 
is what it is claimed to be; and 
‘‘(ii) the military judge instructs the members that 
they may consider any issue as to authentication or identi-
fication of evidence in determining the weight, if any, to 
be given to the evidence. 
‘‘(D) Hearsay evidence not otherwise admissible under the 
rules of evidence applicable in trial by general courts-martial 
may be admitted in a trial by military commission only if— 
‘‘(i) the proponent of the evidence makes known to 
the adverse party, sufficiently in advance to provide the 
adverse party with a fair opportunity to meet the evidence, 
the proponent’s intention to offer the evidence, and the 
particulars of the evidence (including information on the 
circumstances under which the evidence was obtained); 
and 
‘‘(ii) the military judge, after taking into account all 
of the circumstances surrounding the taking of the state-
ment, including the degree to which the statement is 
corroborated, the indicia of reliability within the statement 
itself, and whether the will of the declarant was overborne, 
determines that— 
‘‘(I) the statement is offered as evidence of a mate-
rial fact; 
‘‘(II) the statement is probative on the point for 
which it is offered; 
‘‘(III) direct testimony from the witness is not 
available as a practical matter, taking into consider-
ation the physical location of the witness, the unique 
circumstances of military and intelligence operations 
during hostilities, and the adverse impacts on military 
Determination. 
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123 STAT. 2583 
PUBLIC LAW 111–84—OCT. 28, 2009 
or intelligence operations that would likely result from 
the production of the witness; and 
‘‘(IV) the general purposes of the rules of evidence 
and the interests of justice will best be served by 
admission of the statement into evidence. 
‘‘(4)(A) The accused in a military commission under this chapter 
who exercises the right to self-representation under paragraph 
(2)(D) shall conform the accused’s deportment and the conduct 
of the defense to the rules of evidence, procedure, and decorum 
applicable to trials by military commission. 
‘‘(B) Failure of the accused to conform to the rules described 
in subparagraph (A) may result in a partial or total revocation 
by the military judge of the right of self-representation under para-
graph (2)(D). In such case, the military counsel of the accused 
or an appropriately authorized civilian counsel shall perform the 
functions necessary for the defense. 
‘‘(c) DELEGATION OF AUTHORITY TO PRESCRIBE REGULATIONS.— 
The Secretary of Defense may delegate the authority of the Sec-
retary to prescribe regulations under this chapter. 
‘‘(d) NOTICE TO CONGRESS OF MODIFICATION OF RULES.—Not 
later than 60 days before the date on which any proposed modifica-
tion of the rules in effect for military commissions under this 
chapter goes into effect, the Secretary of Defense shall submit 
to the Committee on Armed Services of the Senate and the Com-
mittee on Armed Services of the House of Representatives a report 
describing the proposed modification. 
‘‘§ 949b. Unlawfully influencing action of military commission 
and United States Court of Military Commission 
Review 
‘‘(a) MILITARY COMMISSIONS.—(1) No authority convening a mili-
tary commission under this chapter may censure, reprimand, or 
admonish the military commission, or any member, military judge, 
or counsel thereof, with respect to the findings or sentence adjudged 
by the military commission, or with respect to any other exercises 
of its or their functions in the conduct of the proceedings. 
‘‘(2) No person may attempt to coerce or, by any unauthorized 
means, influence— 
‘‘(A) the action of a military commission under this chapter, 
or any member thereof, in reaching the findings or sentence 
in any case; 
‘‘(B) the action of any convening, approving, or reviewing 
authority with respect to their judicial acts; or 
‘‘(C) the exercise of professional judgment by trial counsel 
or defense counsel. 
‘‘(3) The provisions of this subsection shall not apply with 
respect to— 
‘‘(A) general instructional or informational courses in mili-
tary justice if such courses are designed solely for the purpose 
of instructing members of a command in the substantive and 
procedural aspects of military commissions; or 
‘‘(B) statements and instructions given in open proceedings 
by a military judge or counsel. 
‘‘(b) UNITED STATES COURT OF MILITARY COMMISSION REVIEW.— 
(1) No person may attempt to coerce or, by any unauthorized 
means, influence— 
Deadline. 
Reports. 
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123 STAT. 2584 
PUBLIC LAW 111–84—OCT. 28, 2009 
‘‘(A) the action of a military appellate judge or other duly 
appointed judge under this chapter on the United States Court 
of Military Commissions Review in reaching a decision on the 
findings or sentence on appeal in any case; or 
‘‘(B) the exercise of professional judgment by trial counsel 
or defense counsel appearing before the United States Court 
of Military Commission Review. 
‘‘(2) No person may censure, reprimand, or admonish a military 
appellate judge on the United States Court of Military Commission 
Review, or counsel thereof, with respect to any exercise of their 
functions in the conduct of proceedings under this chapter. 
‘‘(3) The provisions of this subsection shall not apply with 
respect to— 
‘‘(A) general instructional or informational courses in mili-
tary justice if such courses are designed solely for the purpose 
of instructing members of a command in the substantive and 
procedural aspects of military commissions; or 
‘‘(B) statements and instructions given in open proceedings 
by an appellate military judge or a duly appointed appellate 
judge on the United States Court of Military Commission 
Review, or counsel. 
‘‘(4) No appellate military judge on the United States Court 
of Military Commission Review may be reassigned to other duties, 
except under circumstances as follows: 
‘‘(A) The appellate military judge voluntarily requests to 
be reassigned to other duties and the Secretary of Defense, 
or the designee of the Secretary, in consultation with the Judge 
Advocate General of the armed force of which the appellate 
military judge is a member, approves such reassignment. 
‘‘(B) The appellate military judge retires or otherwise sepa-
rates from the armed forces. 
‘‘(C) The appellate military judge is reassigned to other 
duties by the Secretary of Defense, or the designee of the 
Secretary, in consultation with the Judge Advocate General 
of the armed force of which the appellate military judge is 
a member, based on military necessity and such reassignment 
is consistent with service rotation regulations (to the extent 
such regulations are applicable). 
‘‘(D) The appellate military judge is withdrawn by the 
Secretary of Defense, or the designee of the Secretary, in con-
sultation with the Judge Advocate General of the armed force 
of which the appellate military judge is a member, for good 
cause consistent with applicable procedures under chapter 47 
of this title (the Uniform Code of Military Justice). 
‘‘(c) PROHIBITION ON CONSIDERATION OF ACTIONS ON COMMIS-
SION IN EVALUATION OF FITNESS.—In the preparation of an effective-
ness, fitness, or efficiency report or any other report or document 
used in whole or in part for the purpose of determining whether 
a commissioned officer of the armed forces is qualified to be 
advanced in grade, or in determining the assignment or transfer 
of any such officer or whether any such officer should be retained 
on active duty, no person may— 
‘‘(1) consider or evaluate the performance of duty of any 
member of a military commission under this chapter; or 
‘‘(2) give a less favorable rating or evaluation to any 
commissioned officer because of the zeal with which such officer, 
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123 STAT. 2585 
PUBLIC LAW 111–84—OCT. 28, 2009 
in acting as counsel, represented any accused before a military 
commission under this chapter. 
‘‘§ 949c. Duties of trial counsel and defense counsel 
‘‘(a) TRIAL COUNSEL.—The trial counsel of a military commis-
sion under this chapter shall prosecute in the name of the United 
States. 
‘‘(b) DEFENSE COUNSEL.—(1) The accused shall be represented 
in the accused’s defense before a military commission under this 
chapter as provided in this subsection. 
‘‘(2) The accused may be represented by military counsel 
detailed under section 948k of this title or by military counsel 
of the accused’s own selection, if reasonably available. 
‘‘(3) The accused may be represented by civilian counsel if 
retained by the accused, provided that such civilian counsel— 
‘‘(A) is a United States citizen; 
‘‘(B) is admitted to the practice of law in a State, district, 
or possession of the United States, or before a Federal court; 
‘‘(C) has not been the subject of any sanction of disciplinary 
action by any court, bar, or other competent governmental 
authority for relevant misconduct; 
‘‘(D) has been determined to be eligible for access to 
information classified at the level Secret or higher; and 
‘‘(E) has signed a written agreement to comply with all 
applicable regulations or instructions for counsel, including any 
rules of court for conduct during the proceedings. 
‘‘(4) If the accused is represented by civilian counsel, military 
counsel shall act as associate counsel. 
‘‘(5) The accused is not entitled to be represented by more 
than one military counsel. However, the person authorized under 
regulations prescribed under section 948k of this title to detail 
counsel, in such person’s sole discretion, may detail additional mili-
tary counsel to represent the accused. 
‘‘(6) Defense counsel may cross-examine each witness for the 
prosecution who testifies before a military commission under this 
chapter. 
‘‘(7) Civilian defense counsel shall protect any classified 
information received during the course of representation of the 
accused in accordance with all applicable law governing the protec-
tion of classified information, and may not divulge such information 
to any person not authorized to receive it. 
‘‘§ 949d. Sessions 
‘‘(a) SESSIONS WITHOUT PRESENCE OF MEMBERS.—(1) At any 
time after the service of charges which have been referred for 
trial by military commission under this chapter, the military judge 
may call the military commission into session without the presence 
of the members for the purpose of— 
‘‘(A) hearing and determining motions raising defenses or 
objections which are capable of determination without trial 
of the issues raised by a plea of not guilty; 
‘‘(B) hearing and ruling upon any matter which may be 
ruled upon by the military judge under this chapter, whether 
or not the matter is appropriate for later consideration or 
decision by the members; 
‘‘(C) if permitted by regulations prescribed by the Secretary 
of Defense, receiving the pleas of the accused; and 
Regulations. 
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123 STAT. 2586 
PUBLIC LAW 111–84—OCT. 28, 2009 
‘‘(D) performing any other procedural function which may 
be performed by the military judge under this chapter or under 
rules prescribed pursuant to section 949a of this title and 
which does not require the presence of the members. 
‘‘(2) Except as provided in subsections (b), (c), and (d), any 
proceedings under paragraph (1) shall be conducted in the presence 
of the accused, defense counsel, and trial counsel, and shall be 
made part of the record. 
‘‘(b) DELIBERATION OR VOTE OF MEMBERS.—When the members 
of a military commission under this chapter deliberate or vote, 
only the members may be present. 
‘‘(c) CLOSURE OF PROCEEDINGS.—(1) The military judge may 
close to the public all or part of the proceedings of a military 
commission under this chapter. 
‘‘(2) The military judge may close to the public all or a portion 
of the proceedings under paragraph (1) only upon making a specific 
finding that such closure is necessary to— 
‘‘(A) protect information the disclosure of which could 
reasonably be expected to cause damage to the national secu-
rity, including intelligence or law enforcement sources, methods, 
or activities; or 
‘‘(B) ensure the physical safety of individuals. 
‘‘(3) A finding under paragraph (2) may be based upon a presen-
tation, including a presentation ex parte or in camera, by either 
trial counsel or defense counsel. 
‘‘(d) EXCLUSION OF ACCUSED FROM CERTAIN PROCEEDINGS.— 
The military judge may exclude the accused from any portion of 
a proceeding upon a determination that, after being warned by 
the military judge, the accused persists in conduct that justifies 
exclusion from the courtroom— 
‘‘(1) to ensure the physical safety of individuals; or 
‘‘(2) to prevent disruption of the proceedings by the accused. 
‘‘§ 949e. Continuances 
‘‘The military judge in a military commission under this chapter 
may, for reasonable cause, grant a continuance to any party for 
such time, and as often, as may appear to be just. 
‘‘§ 949f. Challenges 
‘‘(a) CHALLENGES AUTHORIZED.—The military judge and mem-
bers of a military commission under this chapter may be challenged 
by the accused or trial counsel for cause stated to the military 
commission. The military judge shall determine the relevance and 
validity of challenges for cause, and may not receive a challenge 
to more than one person at a time. Challenges by trial counsel 
shall ordinarily be presented and decided before those by the 
accused are offered. 
‘‘(b) PEREMPTORY CHALLENGES.—The accused and trial counsel 
are each entitled to one peremptory challenge, but the military 
judge may not be challenged except for cause. 
‘‘(c) CHALLENGES AGAINST ADDITIONAL MEMBERS.—Whenever 
additional members are detailed to a military commission under 
this chapter, and after any challenges for cause against such addi-
tional members are presented and decided, the accused and trial 
counsel are each entitled to one peremptory challenge against mem-
bers not previously subject to peremptory challenge. 
Determination. 
Determination. 
Records. 
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123 STAT. 2587 
PUBLIC LAW 111–84—OCT. 28, 2009 
‘‘§ 949g. Oaths 
‘‘(a) IN GENERAL.—(1) Before performing their respective duties 
in a military commission under this chapter, military judges, mem-
bers, trial counsel, defense counsel, reporters, and interpreters shall 
take an oath to perform their duties faithfully. 
‘‘(2) The form of the oath required by paragraph (1), the time 
and place of the taking thereof, the manner of recording thereof, 
and whether the oath shall be taken for all cases in which duties 
are to be performed or for a particular case, shall be as provided 
in regulations prescribed by the Secretary of Defense. The regula-
tions may provide that— 
‘‘(A) an oath to perform faithfully duties as a military 
judge, trial counsel, or defense counsel may be taken at any 
time by any judge advocate or other person certified to be 
qualified or competent for the duty; and 
‘‘(B) if such an oath is taken, such oath need not again 
be taken at the time the judge advocate or other person is 
detailed to that duty. 
‘‘(b) WITNESSES.—Each witness before a military commission 
under this chapter shall be examined on oath. 
‘‘(c) OATH DEFINED.—In this section, the term ‘oath’ includes 
an affirmation. 
‘‘§ 949h. Former jeopardy 
‘‘(a) IN GENERAL.—No person may, without the person’s consent, 
be tried by a military commission under this chapter a second 
time for the same offense. 
‘‘(b) SCOPE
OF TRIAL.—No proceeding in which the accused 
has been found guilty by military commission under this chapter 
upon any charge or specification is a trial in the sense of this 
section until the finding of guilty has become final after review 
of the case has been fully completed. 
‘‘§ 949i. Pleas of the accused 
‘‘(a) PLEA OF NOT GUILTY.—If an accused in a military commis-
sion under this chapter after a plea of guilty sets up matter incon-
sistent with the plea, or if it appears that the accused has entered 
the plea of guilty through lack of understanding of its meaning 
and effect, or if the accused fails or refuses to plead, a plea of 
not guilty shall be entered in the record, and the military commis-
sion shall proceed as though the accused had pleaded not guilty. 
‘‘(b) FINDING OF GUILT AFTER GUILTY PLEA.—With respect to 
any charge or specification to which a plea of guilty has been 
made by the accused in a military commission under this chapter 
and accepted by the military judge, a finding of guilty of the 
charge or specification may be entered immediately without a vote. 
The finding shall constitute the finding of the military commission 
unless the plea of guilty is withdrawn prior to announcement of 
the sentence, in which event the proceedings shall continue as 
though the accused had pleaded not guilty. 
‘‘§ 949j. Opportunity to obtain witnesses and other evidence 
‘‘(a) IN GENERAL.—(1) Defense counsel in a military commission 
under this chapter shall have a reasonable opportunity to obtain 
witnesses and other evidence as provided in regulations prescribed 
by the Secretary of Defense. The opportunity to obtain witnesses 
and evidence shall be comparable to the opportunity available to 
Regulations. 
Regulations. 
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123 STAT. 2588 
PUBLIC LAW 111–84—OCT. 28, 2009 
a criminal defendant in a court of the United States under article 
III of the Constitution. 
‘‘(2) Process issued in military commissions under this chapter 
to compel witnesses to appear and testify and to compel the produc-
tion of other evidence— 
‘‘(A) shall be similar to that which courts of the United 
States having criminal jurisdiction may lawfully issue; and 
‘‘(B) shall run to any place where the United States shall 
have jurisdiction thereof. 
‘‘(b) DISCLOSURE OF EXCULPATORY EVIDENCE.—(1) As soon as 
practicable, trial counsel in a military commission under this 
chapter shall disclose to the defense the existence of any evidence 
that reasonably tends to— 
‘‘(A) negate the guilt of the accused of an offense charged; 
or 
‘‘(B) reduce the degree of guilt of the accused with respect 
to an offense charged. 
‘‘(2) The trial counsel shall, as soon as practicable, disclose 
to the defense the existence of evidence that reasonably tends 
to impeach the credibility of a witness whom the government 
intends to call at trial. 
‘‘(3) The trial counsel shall, as soon as practicable upon a 
finding of guilt, disclose to the defense the existence of evidence 
that is not subject to paragraph (1) or paragraph (2) but that 
reasonably may be viewed as mitigation evidence at sentencing. 
‘‘(4) The disclosure obligations under this subsection encompass 
evidence that is known or reasonably should be known to any 
government officials who participated in the investigation and 
prosecution of the case against the defendant. 
‘‘§ 949k. Defense of lack of mental responsibility 
‘‘(a) AFFIRMATIVE DEFENSE.—It is an affirmative defense in 
a trial by military commission under this chapter that, at the 
time of the commission of the acts constituting the offense, the 
accused, as a result of a severe mental disease or defect, was 
unable to appreciate the nature and quality or the wrongfulness 
of the acts. Mental disease or defect does not otherwise constitute 
a defense. 
‘‘(b) BURDEN OF PROOF.—The accused in a military commission 
under this chapter has the burden of proving the defense of lack 
of mental responsibility by clear and convincing evidence. 
‘‘(c) FINDINGS FOLLOWING ASSERTION OF DEFENSE.—Whenever 
lack of mental responsibility of the accused with respect to an 
offense is properly at issue in a military commission under this 
chapter, the military judge shall instruct the members as to the 
defense of lack of mental responsibility under this section and 
shall charge the members to find the accused— 
‘‘(1) guilty; 
‘‘(2) not guilty; or 
‘‘(3) subject to subsection (d), not guilty by reason of lack 
of mental responsibility. 
‘‘(d) MAJORITY VOTE REQUIRED FOR FINDING.—The accused shall 
be found not guilty by reason of lack of mental responsibility under 
subsection (c)(3) only if a majority of the members present at 
the time the vote is taken determines that the defense of lack 
of mental responsibility has been established. 
Determination. 
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123 STAT. 2589 
PUBLIC LAW 111–84—OCT. 28, 2009 
‘‘§ 949l. Voting and rulings 
‘‘(a) VOTE BY SECRET WRITTEN BALLOT.—Voting by members 
of a military commission under this chapter on the findings and 
on the sentence shall be by secret written ballot. 
‘‘(b) RULINGS.—(1) The military judge in a military commission 
under this chapter shall rule upon all questions of law, including 
the admissibility of evidence and all interlocutory questions arising 
during the proceedings. 
‘‘(2) Any ruling made by the military judge upon a question 
of law or an interlocutory question (other than the factual issue 
of mental responsibility of the accused) is conclusive and constitutes 
the ruling of the military commission. However, a military judge 
may change such a ruling at any time during the trial. 
‘‘(c) INSTRUCTIONS PRIOR
TO VOTE.—Before a vote is taken 
of the findings of a military commission under this chapter, the 
military judge shall, in the presence of the accused and counsel, 
instruct the members as to the elements of the offense and charge 
the members— 
‘‘(1) that the accused must be presumed to be innocent 
until the accused’s guilt is established by legal and competent 
evidence beyond a reasonable doubt; 
‘‘(2) that in the case being considered, if there is a reason-
able doubt as to the guilt of the accused, the doubt must 
be resolved in favor of the accused and the accused must 
be acquitted; 
‘‘(3) that, if there is reasonable doubt as to the degree 
of guilt, the finding must be in a lower degree as to which 
there is no reasonable doubt; and 
‘‘(4) that the burden of proof to establish the guilt of the 
accused beyond a reasonable doubt is upon the United States. 
‘‘§ 949m. Number of votes required 
‘‘(a) CONVICTION.—No person may be convicted by a military 
commission under this chapter of any offense, except as provided 
in section 949i(b) of this title or by concurrence of two-thirds of 
the members present at the time the vote is taken. 
‘‘(b) SENTENCES.—(1) Except as provided in paragraphs (2) and 
(3), sentences shall be determined by a military commission by 
the concurrence of two-thirds of the members present at the time 
the vote is taken. 
‘‘(2) No person may be sentenced to death by a military commis-
sion, except insofar as— 
‘‘(A) the penalty of death has been expressly authorized 
under this chapter, chapter 47 of this title, or the law of 
war for an offense of which the accused has been found guilty; 
‘‘(B) trial counsel expressly sought the penalty of death 
by filing an appropriate notice in advance of trial; 
‘‘(C) the accused was convicted of the offense by the concur-
rence of all the members present at the time the vote is taken; 
and 
‘‘(D) all members present at the time the vote was taken 
concurred in the sentence of death. 
‘‘(3) No person may be sentenced to life imprisonment, or to 
confinement for more than 10 years, by a military commission 
under this chapter except by the concurrence of three-fourths of 
the members present at the time the vote is taken. 
Determination. 
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123 STAT. 2590 
PUBLIC LAW 111–84—OCT. 28, 2009 
‘‘(c) NUMBER OF MEMBERS REQUIRED FOR PENALTY OF DEATH.— 
(1) Except as provided in paragraph (2), in a case in which the 
penalty of death is sought, the number of members of the military 
commission under this chapter shall be not less than 12 members. 
‘‘(2) In any case described in paragraph (1) in which 12 members 
are not reasonably available for a military commission because 
of physical conditions or military exigencies, the convening authority 
shall specify a lesser number of members for the military commis-
sion (but not fewer than 9 members), and the military commission 
may be assembled, and the trial held, with not less than the 
number of members so specified. In any such case, the convening 
authority shall make a detailed written statement, to be appended 
to the record, stating why a greater number of members were 
not reasonably available. 
‘‘§ 949n. Military commission to announce action 
‘‘A military commission under this chapter shall announce its 
findings and sentence to the parties as soon as determined. 
‘‘§ 949o. Record of trial 
‘‘(a) RECORD; AUTHENTICATION.—Each military commission 
under this chapter shall keep a separate, verbatim, record of the 
proceedings in each case brought before it, and the record shall 
be authenticated by the signature of the military judge. If the 
record cannot be authenticated by the military judge by reason 
of death, disability, or absence, it shall be authenticated by the 
signature of the trial counsel or by a member of the commission 
if the trial counsel is unable to authenticate it by reason of death, 
disability, or absence. Where appropriate, and as provided in regula-
tions prescribed by the Secretary of Defense, the record of a military 
commission under this chapter may contain a classified annex. 
‘‘(b) COMPLETE RECORD REQUIRED.—A complete record of the 
proceedings and testimony shall be prepared in every military 
commission under this chapter. 
‘‘(c) PROVISION OF COPY TO ACCUSED.—A copy of the record 
of the proceedings of the military commission under this chapter 
shall be given the accused as soon as it is authenticated. If the 
record contains classified information, or a classified annex, the 
accused shall receive a redacted version of the record consistent 
with the requirements of subchapter V of this chapter. Defense 
counsel shall have access to the unredacted record, as provided 
in regulations prescribed by the Secretary of Defense. 
‘‘SUBCHAPTER V—CLASSIFIED INFORMATION PROCEDURES 
‘‘Sec. 
‘‘949p–1. Protection of classified information: applicability of subchapter. 
‘‘949p–2. Pretrial conference. 
‘‘949p–3. Protective orders. 
‘‘949p–4. Discovery of, and access to, classified information by the accused. 
‘‘949p–5. Notice by accused of intention to disclose classified information. 
‘‘949p–6. Procedure for cases involving classified information. 
‘‘949p–7. Introduction of classified information into evidence. 
‘‘§ 949p–1. Protection of classified information: applicability 
of subchapter 
‘‘(a) PROTECTION
OF
CLASSIFIED
INFORMATION.—Classified 
information shall be protected and is privileged from disclosure 
if disclosure would be detrimental to the national security. Under 
Regulations. 
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123 STAT. 2591 
PUBLIC LAW 111–84—OCT. 28, 2009 
no circumstances may a military judge order the release of classified 
information to any person not authorized to receive such informa-
tion. 
‘‘(b) ACCESS TO EVIDENCE.—Any information admitted into evi-
dence pursuant to any rule, procedure, or order by the military 
judge shall be provided to the accused. 
‘‘(c) DECLASSIFICATION.—Trial counsel shall work with the 
original classification authorities for evidence that may be used 
at trial to ensure that such evidence is declassified to the maximum 
extent possible, consistent with the requirements of national secu-
rity. A decision not to declassify evidence under this section shall 
not be subject to review by a military commission or upon appeal. 
‘‘(d) CONSTRUCTION OF PROVISIONS.—The judicial construction 
of the Classified Information Procedures Act (18 U.S.C. App.) shall 
be authoritative in the interpretation of this subchapter, except 
to the extent that such construction is inconsistent with the specific 
requirements of this chapter. 
‘‘§ 949p–2. Pretrial conference 
‘‘(a) MOTION.—At any time after service of charges, any party 
may move for a pretrial conference to consider matters relating 
to classified information that may arise in connection with the 
prosecution. 
‘‘(b) CONFERENCE.—Following a motion under subsection (a), 
or sua sponte, the military judge shall promptly hold a pretrial 
conference. Upon request by either party, the court shall hold 
such conference ex parte to the extent necessary to protect classified 
information from disclosure, in accordance with the practice of 
the Federal courts under the Classified Information Procedures 
Act (18 U.S.C. App.). 
‘‘(c) MATTERS TO BE ESTABLISHED AT PRETRIAL CONFERENCE.— 
‘‘(1) TIMING OF SUBSEQUENT ACTIONS.—At the pretrial con-
ference, the military judge shall establish the timing of— 
‘‘(A) requests for discovery; 
‘‘(B) the provision of notice required by section 949p– 
5 of this title; and 
‘‘(C) the initiation of the procedure established by sec-
tion 949p–6 of this title. 
‘‘(2) OTHER MATTERS.—At the pretrial conference, the mili-
tary judge may also consider any matter— 
‘‘(A) which relates to classified information; or 
‘‘(B) which may promote a fair and expeditious trial. 
‘‘(d) EFFECT OF ADMISSIONS BY ACCUSED AT PRETRIAL CON-
FERENCE.—No admission made by the accused or by any counsel 
for the accused at a pretrial conference under this section may 
be used against the accused unless the admission is in writing 
and is signed by the accused and by the counsel for the accused. 
‘‘§ 949p–3. Protective orders 
‘‘Upon motion of the trial counsel, the military judge shall 
issue an order to protect against the disclosure of any classified 
information that has been disclosed by the United States to any 
accused in any military commission under this chapter or that 
has otherwise been provided to, or obtained by, any such accused 
in any such military commission. 
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123 STAT. 2592 
PUBLIC LAW 111–84—OCT. 28, 2009 
‘‘§ 949p–4. Discovery of, and access to, classified information 
by the accused 
‘‘(a) LIMITATIONS ON DISCOVERY OR ACCESS BY THE ACCUSED.— 
‘‘(1) DECLARATIONS BY THE UNITED STATES OF DAMAGE TO 
NATIONAL SECURITY.—In any case before a military commission 
in which the United States seeks to delete, withhold, or other-
wise obtain other relief with respect to the discovery of or 
access to any classified information, the trial counsel shall 
submit a declaration invoking the United States’ classified 
information privilege and setting forth the damage to the 
national security that the discovery of or access to such informa-
tion reasonably could be expected to cause. The declaration 
shall be signed by a knowledgeable United States official pos-
sessing authority to classify information. 
‘‘(2) STANDARD
FOR
AUTHORIZATION
OF
DISCOVERY
OR 
ACCESS.—Upon the submission of a declaration under para-
graph (1), the military judge may not authorize the discovery 
of or access to such classified information unless the military 
judge determines that such classified information would be 
noncumulative, relevant, and helpful to a legally cognizable 
defense, rebuttal of the prosecution’s case, or to sentencing, 
in accordance with standards generally applicable to discovery 
of or access to classified information in Federal criminal cases. 
If the discovery of or access to such classified information 
is authorized, it shall be addressed in accordance with the 
requirements of subsection (b). 
‘‘(b) DISCOVERY OF CLASSIFIED INFORMATION.— 
‘‘(1) SUBSTITUTIONS
AND
OTHER
RELIEF.—The military 
judge, in assessing the accused’s discovery of or access to classi-
fied information under this section, may authorize the United 
States— 
‘‘(A) to delete or withhold specified items of classified 
information; 
‘‘(B) to substitute a summary for classified information; 
or 
‘‘(C) to substitute a statement admitting relevant facts 
that the classified information or material would tend to 
prove. 
‘‘(2) EX PARTE PRESENTATIONS.—The military judge shall 
permit the trial counsel to make a request for an authorization 
under paragraph (1) in the form of an ex parte presentation 
to the extent necessary to protect classified information, in 
accordance with the practice of the Federal courts under the 
Classified Information Procedures Act (18 U.S.C. App.). If the 
military judge enters an order granting relief following such 
an ex parte showing, the entire presentation (including the 
text of any written submission, verbatim transcript of the ex 
parte oral conference or hearing, and any exhibits received 
by the court as part of the ex parte presentation) shall be 
sealed and preserved in the records of the military commission 
to be made available to the appellate court in the event of 
an appeal. 
‘‘(3) ACTION BY MILITARY JUDGE.—The military judge shall 
grant the request of the trial counsel to substitute a summary 
or to substitute a statement admitting relevant facts, or to 
provide other relief in accordance with paragraph (1), if the 
military judge finds that the summary, statement, or other 
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123 STAT. 2593 
PUBLIC LAW 111–84—OCT. 28, 2009 
relief would provide the accused with substantially the same 
ability to make a defense as would discovery of or access 
to the specific classified information. 
‘‘(c) RECONSIDERATION.—An order of a military judge author-
izing a request of the trial counsel to substitute, summarize, with-
hold, or prevent access to classified information under this section 
is not subject to a motion for reconsideration by the accused, if 
such order was entered pursuant to an ex parte showing under 
this section. 
‘‘§ 949p–5. Notice by accused of intention to disclose classified 
information 
‘‘(a) NOTICE BY ACCUSED.— 
‘‘(1) NOTIFICATION
OF
TRIAL
COUNSEL
AND
MILITARY 
JUDGE.—If an accused reasonably expects to disclose, or to 
cause the disclosure of, classified information in any manner 
in connection with any trial or pretrial proceeding involving 
the prosecution of such accused, the accused shall, within the 
time specified by the military judge or, where no time is speci-
fied, within 30 days before trial, notify the trial counsel and 
the military judge in writing. Such notice shall include a brief 
description of the classified information. Whenever the accused 
learns of additional classified information the accused reason-
ably expects to disclose, or to cause the disclosure of, at any 
such proceeding, the accused shall notify trial counsel and 
the military judge in writing as soon as possible thereafter 
and shall include a brief description of the classified informa-
tion. 
‘‘(2) LIMITATION ON DISCLOSURE BY ACCUSED.—No accused 
shall disclose, or cause the disclosure of, any information known 
or believed to be classified in connection with a trial or pretrial 
proceeding until— 
‘‘(A) notice has been given under paragraph (1); and 
‘‘(B) the United States has been afforded a reasonable 
opportunity to seek a determination pursuant to the proce-
dure set forth in section 949p–6 of this title and the time 
for the United States to appeal such determination under 
section 950d of this title has expired or any appeal under 
that section by the United States is decided. 
‘‘(b) FAILURE TO COMPLY.—If the accused fails to comply with 
the requirements of subsection (a), the military judge— 
‘‘(1) may preclude disclosure of any classified information 
not made the subject of notification; and 
‘‘(2) may prohibit the examination by the accused of any 
witness with respect to any such information. 
‘‘§ 949p–6. Procedure for cases involving classified informa-
tion 
‘‘(a) MOTION FOR HEARING.— 
‘‘(1) REQUEST FOR HEARING.—Within the time specified by 
the military judge for the filing of a motion under this section, 
either party may request the military judge to conduct a 
hearing to make all determinations concerning the use, rel-
evance, or admissibility of classified information that would 
otherwise be made during the trial or pretrial proceeding. 
‘‘(2) CONDUCT OF HEARING.—Upon a request by either party 
under paragraph (1), the military judge shall conduct such 
Deadline. 
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123 STAT. 2594 
PUBLIC LAW 111–84—OCT. 28, 2009 
a hearing and shall rule prior to conducting any further pro-
ceedings. 
‘‘(3) IN CAMERA HEARING UPON DECLARATION TO COURT BY 
APPROPRIATE OFFICIAL OF RISK OF DISCLOSURE OF CLASSIFIED 
INFORMATION.—Any hearing held pursuant to this subsection 
(or any portion of such hearing specified in the request of 
a knowledgeable United States official) shall be held in camera 
if a knowledgeable United States official possessing authority 
to classify information submits to the military judge a declara-
tion that a public proceeding may result in the disclosure 
of classified information. Classified information is not subject 
to disclosure under this section unless the information is rel-
evant and necessary to an element of the offense or a legally 
cognizable defense and is otherwise admissible in evidence. 
‘‘(4) MILITARY
JUDGE
TO
MAKE
DETERMINATIONS
IN 
WRITING.—As to each item of classified information, the military 
judge shall set forth in writing the basis for the determination. 
‘‘(b) NOTICE
AND USE
OF CLASSIFIED INFORMATION
BY
THE 
GOVERNMENT.— 
‘‘(1) NOTICE TO ACCUSED.—Before any hearing is conducted 
pursuant to a request by the trial counsel under subsection 
(a), trial counsel shall provide the accused with notice of the 
classified information that is at issue. Such notice shall identify 
the specific classified information at issue whenever that 
information previously has been made available to the accused 
by the United States. When the United States has not pre-
viously made the information available to the accused in connec-
tion with the case the information may be described by generic 
category, in such forms as the military judge may approve, 
rather than by identification of the specific information of con-
cern to the United States. 
‘‘(2) ORDER
BY
MILITARY
JUDGE
UPON
REQUEST
OF 
ACCUSED.—Whenever the trial counsel requests a hearing under 
subsection (a), the military judge, upon request of the accused, 
may order the trial counsel to provide the accused, prior to 
trial, such details as to the portion of the charge or specification 
at issue in the hearing as are needed to give the accused 
fair notice to prepare for the hearing. 
‘‘(c) SUBSTITUTIONS.— 
‘‘(1) IN CAMERA PRETRIAL HEARING.—Upon request of the 
trial counsel pursuant to the Military Commission Rules of 
Evidence, and in accordance with the security procedures estab-
lished by the military judge, the military judge shall conduct 
a classified in camera pretrial hearing concerning the admissi-
bility of classified information. 
‘‘(2) PROTECTION
OF
SOURCES, METHODS, AND
ACTIVITIES 
BY WHICH EVIDENCE ACQUIRED.—When trial counsel seeks to 
introduce evidence before a military commission under this 
chapter and the Executive branch has classified the sources, 
methods, or activities by which the United States acquired 
the evidence, the military judge shall permit trial counsel to 
introduce the evidence, including a substituted evidentiary 
foundation pursuant to the procedures described in subsection 
(d), while protecting from disclosure information identifying 
those sources, methods, or activities, if— 
‘‘(A) the evidence is otherwise admissible; and 
‘‘(B) the military judge finds that— 
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123 STAT. 2595 
PUBLIC LAW 111–84—OCT. 28, 2009 
‘‘(i) the evidence is reliable; and 
‘‘(ii) the redaction is consistent with affording the 
accused a fair trial. 
‘‘(d) ALTERNATIVE PROCEDURE FOR DISCLOSURE OF CLASSIFIED 
INFORMATION.— 
‘‘(1) MOTION BY THE UNITED STATES.—Upon any determina-
tion by the military judge authorizing the disclosure of specific 
classified information under the procedures established by this 
section, the trial counsel may move that, in lieu of the disclosure 
of such specific classified information, the military judge order— 
‘‘(A) the substitution for such classified information 
of a statement admitting relevant facts that the specific 
classified information would tend to prove; 
‘‘(B) the substitution for such classified information 
of a summary of the specific classified information; or 
‘‘(C) any other procedure or redaction limiting the 
disclosure of specific classified information. 
‘‘(2) ACTION ON MOTION.—The military judge shall grant 
such a motion of the trial counsel if the military judge finds 
that the statement, summary, or other procedure or redaction 
will provide the defendant with substantially the same ability 
to make his defense as would disclosure of the specific classified 
information. 
‘‘(3) HEARING ON MOTION.—The military judge shall hold 
a hearing on any motion under this subsection. Any such 
hearing shall be held in camera at the request of a knowledge-
able United States official possessing authority to classify 
information. 
‘‘(4) SUBMISSION OF STATEMENT OF DAMAGE TO NATIONAL 
SECURITY IF DISCLOSURE ORDERED.—The trial counsel may, in 
connection with a motion under paragraph (1), submit to the 
military judge a declaration signed by a knowledgeable United 
States official possessing authority to classify information certi-
fying that disclosure of classified information would cause 
identifiable damage to the national security of the United States 
and explaining the basis for the classification of such informa-
tion. If so requested by the trial counsel, the military judge 
shall examine such declaration during an ex parte presentation. 
‘‘(e) SEALING OF RECORDS OF IN CAMERA HEARINGS.—If at the 
close of an in camera hearing under this section (or any portion 
of a hearing under this section that is held in camera), the military 
judge determines that the classified information at issue may not 
be disclosed or elicited at the trial or pretrial proceeding, the 
record of such in camera hearing shall be sealed and preserved 
for use in the event of an appeal. The accused may seek reconsider-
ation of the military judge’s determination prior to or during trial. 
‘‘(f) PROHIBITION ON DISCLOSURE OF CLASSIFIED INFORMATION 
BY THE ACCUSED; RELIEF FOR ACCUSED WHEN THE UNITED STATES 
OPPOSES DISCLOSURE.— 
‘‘(1) ORDER TO PREVENT DISCLOSURE BY ACCUSED.—When-
ever the military judge denies a motion by the trial counsel 
that the judge issue an order under subsection (a), (c), or 
(d) and the trial counsel files with the military judge a declara-
tion signed by a knowledgeable United States official possessing 
authority to classify information objecting to disclosure of the 
classified information at issue, the military judge shall order 
Certification. 
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123 STAT. 2596 
PUBLIC LAW 111–84—OCT. 28, 2009 
that the accused not disclose or cause the disclosure of such 
information. 
‘‘(2) RESULT OF ORDER UNDER PARAGRAPH (1).—Whenever 
an accused is prevented by an order under paragraph (1) from 
disclosing or causing the disclosure of classified information, 
the military judge shall dismiss the case, except that, when 
the military judge determines that the interests of justice would 
not be served by dismissal of the case, the military judge 
shall order such other action, in lieu of dismissing the charge 
or specification, as the military judge determines is appropriate. 
Such action may include, but need not be limited to, the fol-
lowing: 
‘‘(A) Dismissing specified charges or specifications. 
‘‘(B) Finding against the United States on any issue 
as to which the excluded classified information relates. 
‘‘(C) Striking or precluding all or part of the testimony 
of a witness. 
‘‘(3) TIME FOR THE UNITED STATES TO SEEK INTERLOCUTORY 
APPEAL.—An order under paragraph (2) shall not take effect 
until the military judge has afforded the United States— 
‘‘(A) an opportunity to appeal such order under section 
950d of this title; and 
‘‘(B) an opportunity thereafter to withdraw its objection 
to the disclosure of the classified information at issue. 
‘‘(g) RECIPROCITY.— 
‘‘(1) DISCLOSURE
OF
REBUTTAL
INFORMATION.—Whenever 
the military judge determines that classified information may 
be disclosed in connection with a trial or pretrial proceeding, 
the military judge shall, unless the interests of fairness do 
not so require, order the United States to provide the accused 
with the information it expects to use to rebut the classified 
information. The military judge may place the United States 
under a continuing duty to disclose such rebuttal information. 
‘‘(2) SANCTION
FOR
FAILURE
TO
COMPLY.—If the United 
States fails to comply with its obligation under this subsection, 
the military judge— 
‘‘(A) may exclude any evidence not made the subject 
of a required disclosure; and 
‘‘(B) may prohibit the examination by the United States 
of any witness with respect to such information. 
‘‘§ 949p–7. Introduction of classified information into evi-
dence 
‘‘(a) PRESERVATION
OF
CLASSIFICATION
STATUS.—Writings, 
recordings, and photographs containing classified information may 
be admitted into evidence in proceedings of military commissions 
under this chapter without change in their classification status. 
‘‘(b) PRECAUTIONS BY MILITARY JUDGES.— 
‘‘(1) PRECAUTIONS IN ADMITTING CLASSIFIED INFORMATION 
INTO
EVIDENCE.—The military judge in a trial by military 
commission, in order to prevent unnecessary disclosure of classi-
fied information, may order admission into evidence of only 
part of a writing, recording, or photograph, or may order admis-
sion into evidence of the whole writing, recording, or photograph 
with excision of some or all of the classified information con-
tained therein, unless the whole ought in fairness be considered. 
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123 STAT. 2597 
PUBLIC LAW 111–84—OCT. 28, 2009 
‘‘(2) CLASSIFIED INFORMATION KEPT UNDER SEAL.—The mili-
tary judge shall allow classified information offered or accepted 
into evidence to remain under seal during the trial, even if 
such evidence is disclosed in the military commission, and 
may, upon motion by the United States, seal exhibits containing 
classified information for any period after trial as necessary 
to prevent a disclosure of classified information when a 
knowledgeable United States official possessing authority to 
classify information submits to the military judge a declaration 
setting forth the damage to the national security that the 
disclosure of such information reasonably could be expected 
to cause. 
‘‘(c) TAKING OF TESTIMONY.— 
‘‘(1) OBJECTION BY TRIAL COUNSEL.—During the examina-
tion of a witness, trial counsel may object to any question 
or line of inquiry that may require the witness to disclose 
classified information not previously found to be admissible. 
‘‘(2) ACTION BY MILITARY JUDGE.—Following an objection 
under paragraph (1), the military judge shall take such suitable 
action to determine whether the response is admissible as 
will safeguard against the compromise of any classified informa-
tion. Such action may include requiring trial counsel to provide 
the military judge with a proffer of the witness’ response to 
the question or line of inquiry and requiring the accused to 
provide the military judge with a proffer of the nature of 
the information sought to be elicited by the accused. Upon 
request, the military judge may accept an ex parte proffer 
by trial counsel to the extent necessary to protect classified 
information from disclosure, in accordance with the practice 
of the Federal courts under the Classified Information Proce-
dures Act (18 U.S.C. App.). 
‘‘(d) DISCLOSURE AT TRIAL OF CERTAIN STATEMENTS PREVIOUSLY 
MADE BY A WITNESS.— 
‘‘(1) MOTION FOR PRODUCTION OF STATEMENTS IN POSSES-
SION OF THE UNITED STATES.—After a witness called by the 
trial counsel has testified on direct examination, the military 
judge, on motion of the accused, may order production of state-
ments of the witness in the possession of the United States 
which relate to the subject matter as to which the witness 
has testified. This paragraph does not preclude discovery or 
assertion of a privilege otherwise authorized. 
‘‘(2) INVOCATION OF PRIVILEGE BY THE UNITED STATES.— 
If the United States invokes a privilege, the trial counsel may 
provide the prior statements of the witness to the military 
judge during an ex parte presentation to the extent necessary 
to protect classified information from disclosure, in accordance 
with the practice of the Federal courts under the Classified 
Information Procedures Act (18 U.S.C. App.). 
‘‘(3) ACTION BY MILITARY JUDGE ON MOTION.—If the military 
judge finds that disclosure of any portion of the statement 
identified by the United States as classified would be detri-
mental to the national security in the degree to warrant classi-
fication under the applicable Executive Order, statute, or regu-
lation, that such portion of the statement is consistent with 
the testimony of the witness, and that the disclosure of such 
portion is not necessary to afford the accused a fair trial, 
the military judge shall excise that portion from the statement. 
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123 STAT. 2598 
PUBLIC LAW 111–84—OCT. 28, 2009 
If the military judge finds that such portion of the statement 
is inconsistent with the testimony of the witness or that its 
disclosure is necessary to afford the accused a fair trial, the 
military judge, shall, upon the request of the trial counsel, 
review alternatives to disclosure in accordance with section 
949p–6(d) of this title. 
‘‘SUBCHAPTER VI—SENTENCES 
‘‘Sec. 
‘‘949s. Cruel or unusual punishments prohibited. 
‘‘949t. Maximum limits. 
‘‘949u. Execution of confinement. 
‘‘§ 949s. Cruel or unusual punishments prohibited 
‘‘Punishment by flogging, or by branding, marking, or tattooing 
on the body, or any other cruel or unusual punishment, may not 
be adjudged by a military commission under this chapter or inflicted 
under this chapter upon any person subject to this chapter. The 
use of irons, single or double, except for the purpose of safe custody, 
is prohibited under this chapter. 
‘‘§ 949t. Maximum limits 
‘‘The punishment which a military commission under this 
chapter may direct for an offense may not exceed such limits as 
the President or Secretary of Defense may prescribe for that offense. 
‘‘§ 949u. Execution of confinement 
‘‘(a) IN GENERAL.—Under such regulations as the Secretary 
of Defense may prescribe, a sentence of confinement adjudged by 
a military commission under this chapter may be carried into 
execution by confinement— 
‘‘(1) in any place of confinement under the control of any 
of the armed forces; or 
‘‘(2) in any penal or correctional institution under the con-
trol of the United States or its allies, or which the United 
States may be allowed to use. 
‘‘(b) TREATMENT DURING CONFINEMENT BY OTHER THAN THE 
ARMED FORCES.—Persons confined under subsection (a)(2) in a 
penal or correctional institution not under the control of an armed 
force are subject to the same discipline and treatment as persons 
confined or committed by the courts of the United States or of 
the State, District of Columbia, or place in which the institution 
is situated. 
‘‘SUBCHAPTER VII—POST-TRIAL PROCEDURE AND REVIEW 
OF MILITARY COMMISSIONS 
‘‘Sec. 
‘‘950a. Error of law; lesser included offense. 
‘‘950b. Review by the convening authority. 
‘‘950c. Appellate referral; waiver or withdrawal of appeal. 
‘‘950d. Interlocutory appeals by the United States. 
‘‘950e. Rehearings. 
‘‘950f. Review by United States Court of Military Commission Review. 
‘‘950g. Review by United States Court of Court of Appeals for the District of Colum-
bia Circuit; writ of certiorari to Supreme Court. 
‘‘950h. Appellate counsel. 
‘‘950i. Execution of sentence; suspension of sentence. 
‘‘950j. Finality of proceedings, findings, and sentences. 
Regulations. 
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123 STAT. 2599 
PUBLIC LAW 111–84—OCT. 28, 2009 
‘‘§ 950a. Error of law; lesser included offense 
‘‘(a) ERROR
OF LAW.—A finding or sentence of a military 
commission under this chapter may not be held incorrect on the 
ground of an error of law unless the error materially prejudices 
the substantial rights of the accused. 
‘‘(b) LESSER INCLUDED OFFENSE.—Any reviewing authority with 
the power to approve or affirm a finding of guilty by a military 
commission under this chapter may approve or affirm, instead, 
so much of the finding as includes a lesser included offense. 
‘‘§ 950b. Review by the convening authority 
‘‘(a) NOTICE TO CONVENING AUTHORITY OF FINDINGS AND SEN-
TENCE.—The findings and sentence of a military commission under 
this chapter shall be reported in writing promptly to the convening 
authority after the announcement of the sentence. 
‘‘(b) SUBMITTAL
OF
MATTERS
BY
ACCUSED
TO
CONVENING 
AUTHORITY.—(1) The accused may submit to the convening 
authority matters for consideration by the convening authority with 
respect to the findings and the sentence of the military commission 
under this chapter. 
‘‘(2)(A) Except as provided in subparagraph (B), a submittal 
under paragraph (1) shall be made in writing within 20 days 
after the accused has been give an authenticated record of trial 
under section 949o(c) of this title. 
‘‘(B) If the accused shows that additional time is required 
for the accused to make a submittal under paragraph (1), the 
convening authority may, for good cause, extend the applicable 
period under subparagraph (A) for not more than an additional 
20 days. 
‘‘(3) The accused may waive the accused’s right to make a 
submittal to the convening authority under paragraph (1). Such 
a waiver shall be made in writing, and may not be revoked. For 
the purposes of subsection (c)(2), the time within which the accused 
may make a submittal under this subsection shall be deemed to 
have expired upon the submittal of a waiver under this paragraph 
to the convening authority. 
‘‘(c) ACTION
BY CONVENING AUTHORITY.—(1) The authority 
under this subsection to modify the findings and sentence of a 
military commission under this chapter is a matter of the sole 
discretion and prerogative of the convening authority. 
‘‘(2) The convening authority is not required to take action 
on the findings of a military commission under this chapter. If 
the convening authority takes action on the findings, the convening 
authority may, in the sole discretion of the convening authority, 
only— 
‘‘(A) dismiss any charge or specification by setting aside 
a finding of guilty thereto; or 
‘‘(B) change a finding of guilty to a charge to a finding 
of guilty to an offense that is a lesser included offense of 
the offense stated in the charge. 
‘‘(3)(A) The convening authority shall take action on the sen-
tence of a military commission under this chapter. 
‘‘(B) Subject to regulations prescribed by the Secretary of 
Defense, action under this paragraph may be taken only after 
consideration of any matters submitted by the accused under sub-
section (b) or after the time for submitting such matters expires, 
whichever is earlier. 
Regulations. 
Deadline. 
Reports. 
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123 STAT. 2600 
PUBLIC LAW 111–84—OCT. 28, 2009 
‘‘(C) In taking action under this paragraph, the convening 
authority may, in the sole discretion of the convening authority, 
approve, disapprove, commute, or suspend the sentence in whole 
or in part. The convening authority may not increase a sentence 
beyond that which is found by the military commission. 
‘‘(4) The convening authority shall serve on the accused or 
on defense counsel notice of any action taken by the convening 
authority under this subsection. 
‘‘(d) ORDER OF REVISION OR REHEARING.—(1) Subject to para-
graphs (2) and (3), the convening authority of a military commission 
under this chapter may, in the sole discretion of the convening 
authority, order a proceeding in revision or a rehearing. 
‘‘(2)(A) Except as provided in subparagraph (B), a proceeding 
in revision may be ordered by the convening authority if— 
‘‘(i) there is an apparent error or omission in the record; 
or 
‘‘(ii) the record shows improper or inconsistent action by 
the military commission with respect to the findings or sentence 
that can be rectified without material prejudice to the substan-
tial rights of the accused. 
‘‘(B) In no case may a proceeding in revision— 
‘‘(i) reconsider a finding of not guilty of a specification 
or a ruling which amounts to a finding of not guilty; 
‘‘(ii) reconsider a finding of not guilty of any charge, unless 
there has been a finding of guilty under a specification laid 
under that charge, which sufficiently alleges a violation; or 
‘‘(iii) increase the severity of the sentence unless the sen-
tence prescribed for the offense is mandatory. 
‘‘(3) A rehearing may be ordered by the convening authority 
if the convening authority disapproves the findings and sentence 
and states the reasons for disapproval of the findings. If the con-
vening authority disapproves the finding and sentence and does 
not order a rehearing, the convening authority shall dismiss the 
charges. A rehearing as to the findings may not be ordered by 
the convening authority when there is a lack of sufficient evidence 
in the record to support the findings. A rehearing as to the sentence 
may be ordered by the convening authority if the convening 
authority disapproves the sentence. 
‘‘§ 950c. Appellate referral; waiver or withdrawal of appeal 
‘‘(a) AUTOMATIC REFERRAL FOR APPELLATE REVIEW.—Except as 
provided in subsection (b), in each case in which the final decision 
of a military commission under this chapter (as approved by the 
convening authority) includes a finding of guilty, the convening 
authority shall refer the case to the United States Court of Military 
Commission Review. Any such referral shall be made in accordance 
with procedures prescribed under regulations of the Secretary. 
‘‘(b) WAIVER OF RIGHT OF REVIEW.—(1) Except in a case in 
which the sentence as approved under section 950b of this title 
extends to death, an accused may file with the convening authority 
a statement expressly waiving the right of the accused to appellate 
review by the United States Court of Military Commission Review 
under section 950f of this title of the final decision of the military 
commission under this chapter. 
‘‘(2) A waiver under paragraph (1) shall be signed by both 
the accused and a defense counsel. 
Regulations. 
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123 STAT. 2601 
PUBLIC LAW 111–84—OCT. 28, 2009 
‘‘(3) A waiver under paragraph (1) must be filed, if at all, 
within 10 days after notice of the action is served on the accused 
or on defense counsel under section 950b(c)(4) of this title. The 
convening authority, for good cause, may extend the period for 
such filing by not more than 30 days. 
‘‘(c) WITHDRAWAL OF APPEAL.—Except in a case in which the 
sentence as approved under section 950b of this title extends to 
death, the accused may withdraw an appeal at any time. 
‘‘(d) EFFECT
OF WAIVER
OR WITHDRAWAL.—A waiver of the 
right to appellate review or the withdrawal of an appeal under 
this section bars review under section 950f of this title. 
‘‘§ 950d. Interlocutory appeals by the United States 
‘‘(a) INTERLOCUTORY APPEAL.—Except as provided in subsection 
(b), in a trial by military commission under this chapter, the United 
States may take an interlocutory appeal to the United States Court 
of Military Commission Review of any order or ruling of the military 
judge— 
‘‘(1) that terminates proceedings of the military commission 
with respect to a charge or specification; 
‘‘(2) that excludes evidence that is substantial proof of 
a fact material in the proceeding; 
‘‘(3) that relates to a matter under subsection (c) or (d) 
of section 949d of this title; or 
‘‘(4) that, with respect to classified information— 
‘‘(A) authorizes the disclosure of such information; 
‘‘(B) imposes sanctions for nondisclosure of such 
information; or 
‘‘(C) refuses a protective order sought by the United 
States to prevent the disclosure of such information. 
‘‘(b) LIMITATION.—The United States may not appeal under 
subsection (a) an order or ruling that is, or amounts to, a finding 
of not guilty by the military commission with respect to a charge 
or specification. 
‘‘(c) SCOPE OF APPEAL RIGHT WITH RESPECT TO CLASSIFIED 
INFORMATION.—The United States has the right to appeal under 
paragraph (4) of subsection (a) whenever the military judge enters 
an order or ruling that would require the disclosure of classified 
information, without regard to whether the order or ruling appealed 
from was entered under this chapter, another provision of law, 
a rule, or otherwise. Any such appeal may embrace any preceding 
order, ruling, or reasoning constituting the basis of the order or 
ruling that would authorize such disclosure. 
‘‘(d) TIMING AND ACTION ON INTERLOCUTORY APPEALS RELATING 
TO CLASSIFIED INFORMATION.— 
‘‘(1) APPEAL TO BE EXPEDITED.—An appeal taken pursuant 
to paragraph (4) of subsection (a) shall be expedited by the 
United States Court of Military Commission Review. 
‘‘(2) APPEALS BEFORE TRIAL.—If such an appeal is taken 
before trial, the appeal shall be taken within 10 days after 
the order or ruling from which the appeal is made and the 
trial shall not commence until the appeal is decided. 
‘‘(3) APPEALS DURING TRIAL.—If such an appeal is taken 
during trial, the military judge shall adjourn the trial until 
the appeal is decided, and the court of appeals— 
Deadline. 
Deadline. 
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123 STAT. 2602 
PUBLIC LAW 111–84—OCT. 28, 2009 
‘‘(A) shall hear argument on such appeal within 4 
days of the adjournment of the trial (excluding weekends 
and holidays); 
‘‘(B) may dispense with written briefs other than the 
supporting materials previously submitted to the military 
judge; 
‘‘(C) shall render its decision within four days of argu-
ment on appeal (excluding weekends and holidays); and 
‘‘(D) may dispense with the issuance of a written 
opinion in rendering its decision. 
‘‘(e) NOTICE
AND TIMING
OF OTHER APPEALS.—The United 
States shall take an appeal of an order or ruling under subsection 
(a), other than an appeal under paragraph (4) of that subsection, 
by filing a notice of appeal with the military judge within 5 days 
after the date of the order or ruling. 
‘‘(f) METHOD OF APPEAL.—An appeal under this section shall 
be forwarded, by means specified in regulations prescribed by the 
Secretary of Defense, directly to the United States Court of Military 
Commission Review. 
‘‘(g) APPEALS COURT TO ACT ONLY WITH RESPECT TO MATTER 
OF LAW.—In ruling on an appeal under paragraph (1), (2), or 
(3) of subsection (a), the appeals court may act only with respect 
to matters of law. 
‘‘(h) SUBSEQUENT APPEAL RIGHTS OF ACCUSED NOT AFFECTED.— 
An appeal under paragraph (4) of subsection (a), and a decision 
on such appeal, shall not affect the right of the accused, in a 
subsequent appeal from a judgment of conviction, to claim as error 
reversal by the military judge on remand of a ruling appealed 
from during trial. 
‘‘§ 950e. Rehearings 
‘‘(a) COMPOSITION OF MILITARY COMMISSION FOR REHEARING.— 
Each rehearing under this chapter shall take place before a military 
commission under this chapter composed of members who were 
not members of the military commission which first heard the 
case. 
‘‘(b) SCOPE OF REHEARING.—(1) Upon a rehearing— 
‘‘(A) the accused may not be tried for any offense of which 
the accused was found not guilty by the first military commis-
sion; and 
‘‘(B) no sentence in excess of or more than the original 
sentence may be imposed unless— 
‘‘(i) the sentence is based upon a finding of guilty 
of an offense not considered upon the merits in the original 
proceedings; or 
‘‘(ii) the sentence prescribed for the offense is manda-
tory. 
‘‘(2) Upon a rehearing, if the sentence approved after the first 
military commission was in accordance with a pretrial agreement 
and the accused at the rehearing changes his plea with respect 
to the charges or specifications upon which the pretrial agreement 
was based, or otherwise does not comply with pretrial agreement, 
the sentence as to those charges or specifications may include 
any punishment not in excess of that lawfully adjudged at the 
first military commission. 
Regulations. 
Deadline. 
Deadline. 
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123 STAT. 2603 
PUBLIC LAW 111–84—OCT. 28, 2009 
‘‘§ 950f. Review by United States Court of Military Commis-
sion Review 
‘‘(a) ESTABLISHMENT.—There is a court of record to be known 
as the ‘United States Court of Military Commission Review’ (in 
this section referred to as the ‘Court’). The Court shall consist 
of one or more panels, each composed of not less than three appel-
late military judges. For the purpose of reviewing decisions of 
military commissions under this chapter, the Court may sit in 
panels or as a whole, in accordance with rules prescribed by the 
Secretary of Defense. 
‘‘(b) JUDGES.—(1) Judges on the Court shall be assigned or 
appointed in a manner consistent with the provisions of this sub-
section. 
‘‘(2) The Secretary of Defense may assign persons who are 
appellate military judges to be judges on the Court. Any judge 
so assigned shall be a commissioned officer of the armed forces, 
and shall meet the qualifications for military judges prescribed 
by section 948j(b) of this title. 
‘‘(3) The President may appoint, by and with the advice and 
consent of the Senate, additional judges to the United States Court 
of Military Commission Review. 
‘‘(4) No person may serve as a judge on the Court in any 
case in which that person acted as a military judge, counsel, or 
reviewing official. 
‘‘(c) CASES TO BE REVIEWED.—The Court shall, in accordance 
with procedures prescribed under regulations of the Secretary, 
review the record in each case that is referred to the Court by 
the convening authority under section 950c of this title with respect 
to any matter properly raised by the accused. 
‘‘(d) STANDARD AND SCOPE OF REVIEW.—In a case reviewed 
by the Court under this section, the Court may act only with 
respect to the findings and sentence as approved by the convening 
authority. The Court may affirm only such findings of guilty, and 
the sentence or such part or amount of the sentence, as the Court 
finds correct in law and fact and determines, on the basis of the 
entire record, should be approved. In considering the record, the 
Court may weigh the evidence, judge the credibility of witnesses, 
and determine controverted questions of fact, recognizing that the 
military commission saw and heard the witnesses. 
‘‘(e) REHEARINGS.—If the Court sets aside the findings or sen-
tence, the Court may, except where the setting aside is based 
on lack of sufficient evidence in the record to support the findings, 
order a rehearing. If the Court sets aside the findings or sentence 
and does not order a rehearing, the Court shall order that the 
charges be dismissed. 
‘‘§ 950g. Review by United States Court of Appeals for the 
District of Columbia Circuit; writ of certiorari to 
Supreme Court 
‘‘(a) EXCLUSIVE APPELLATE JURISDICTION.—Except as provided 
in subsection (b), the United States Court of Appeals for the District 
of Columbia Circuit shall have exclusive jurisdiction to determine 
the validity of a final judgment rendered by a military commission 
(as approved by the convening authority and, where applicable, 
the United States Court of Military Commission Review) under 
this chapter. 
Regulations. 
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123 STAT. 2604 
PUBLIC LAW 111–84—OCT. 28, 2009 
‘‘(b) EXHAUSTION OF OTHER APPEALS.—The United States Court 
of Appeals for the District of Columbia Circuit may not review 
a final judgment described in subsection (a) until all other appeals 
under this chapter have been waived or exhausted. 
‘‘(c) TIME FOR SEEKING REVIEW.—A petition for review by the 
United States Court of Appeals for the District of Columbia Circuit 
must be filed by the accused in the Court of Appeals not later 
than 20 days after the date on which— 
‘‘(1) written notice of the final decision of the United States 
Court of Military Commission Review is served on the accused 
or on defense counsel; or 
‘‘(2) the accused submits, in the form prescribed by section 
950c of this title, a written notice waiving the right of the 
accused to review by the United States Court of Military 
Commission Review. 
‘‘(d) SCOPE AND NATURE OF REVIEW.—The United States Court 
of Appeals for the District of Columbia Circuit may act under 
this section only with respect to the findings and sentence as 
approved by the convening authority and as affirmed or set aside 
as incorrect in law by the United States Court of Military Commis-
sion Review, and shall take action only with respect to matters 
of law, including the sufficiency of the evidence to support the 
verdict. 
‘‘(e) REVIEW BY SUPREME COURT.—The Supreme Court may 
review by writ of certiorari pursuant to section 1254 of title 28 
the final judgment of the United States Court of Appeals for the 
District of Columbia Circuit under this section. 
‘‘§ 950h. Appellate counsel 
‘‘(a) APPOINTMENT.—The Secretary of Defense shall, by regula-
tion, establish procedures for the appointment of appellate counsel 
for the United States and for the accused in military commissions 
under this chapter. Appellate counsel shall meet the qualifications 
of counsel for appearing before military commissions under this 
chapter. 
‘‘(b) REPRESENTATION OF UNITED STATES.—Appellate counsel 
appointed under subsection (a)— 
‘‘(1) shall represent the United States in any appeal or 
review proceeding under this chapter before the United States 
Court of Military Commission Review; and 
‘‘(2) may, when requested to do so by the Attorney General 
in a case arising under this chapter, represent the United 
States before the United States Court of Appeals for the District 
of Columbia Circuit or the Supreme Court. 
‘‘(c) REPRESENTATION OF ACCUSED.—The accused shall be rep-
resented by appellate counsel appointed under subsection (a) before 
the United States Court of Military Commission Review, the United 
States Court of Appeals for the District of Columbia Circuit, and 
the Supreme Court, and by civilian counsel if retained by the 
accused. Any such civilian counsel shall meet the qualifications 
under paragraph (3) of section 949c(b) of this title for civilian 
counsel appearing before military commissions under this chapter 
and shall be subject to the requirements of paragraph (7) of that 
section. 
Regulations. 
Procedures. 
Deadline. 
Notice. 
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123 STAT. 2605 
PUBLIC LAW 111–84—OCT. 28, 2009 
‘‘§ 950i. Execution of sentence; suspension of sentence 
‘‘(a) IN GENERAL.—The Secretary of Defense is authorized to 
carry out a sentence imposed by a military commission under this 
chapter in accordance with such procedures as the Secretary may 
prescribe. 
‘‘(b) EXECUTION OF SENTENCE OF DEATH ONLY UPON APPROVAL 
BY THE PRESIDENT.—If the sentence of a military commission under 
this chapter extends to death, that part of the sentence providing 
for death may not be executed until approved by the President. 
In such a case, the President may commute, remit, or suspend 
the sentence, or any part thereof, as he sees fit. 
‘‘(c) EXECUTION OF SENTENCE OF DEATH ONLY UPON FINAL 
JUDGMENT OF LEGALITY OF PROCEEDINGS.—(1) If the sentence of 
a military commission under this chapter extends to death, the 
sentence may not be executed until there is a final judgment as 
to the legality of the proceedings (and with respect to death, 
approval under subsection (b)). 
‘‘(2) A judgment as to legality of proceedings is final for purposes 
of paragraph (1) when review is completed in accordance with 
the judgment of the United States Court of Military Commission 
Review and— 
‘‘(A) the time for the accused to file a petition for review 
by the United States Court of Appeals for the District of 
Columbia Circuit has expired, the accused has not filed a 
timely petition for such review, and the case is not otherwise 
under review by the Court of Appeals; or 
‘‘(B) review is completed in accordance with the judgment 
of the United States Court of Appeals for the District of 
Columbia Circuit and— 
‘‘(i) a petition for a writ of certiorari is not timely 
filed; 
‘‘(ii) such a petition is denied by the Supreme Court; 
or 
‘‘(iii) review is otherwise completed in accordance with 
the judgment of the Supreme Court. 
‘‘(d) SUSPENSION OF SENTENCE.—The Secretary of the Defense, 
or the convening authority acting on the case (if other than the 
Secretary), may suspend the execution of any sentence or part 
thereof in the case, except a sentence of death. 
‘‘§ 950j. Finality of proceedings, findings, and sentences 
‘‘The appellate review of records of trial provided by this 
chapter, and the proceedings, findings, and sentences of military 
commissions as approved, reviewed, or affirmed as required by 
this chapter, are final and conclusive. Orders publishing the pro-
ceedings of military commissions under this chapter are binding 
upon all departments, courts, agencies, and officers of the United 
States, subject only to action by the Secretary or the convening 
authority as provided in section 950i(c) of this title and the authority 
of the President. 
‘‘SUBCHAPTER VIII—PUNITIVE MATTERS 
‘‘Sec. 
‘‘950p. Definitions; construction of certain offenses; common circumstances. 
‘‘950q. Principals. 
‘‘950r. Accessory after the fact. 
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123 STAT. 2606 
PUBLIC LAW 111–84—OCT. 28, 2009 
‘‘950s. Conviction of lesser offenses. 
‘‘950t. Crimes triable by military commission. 
‘‘§ 950p. 
Definitions; 
construction 
of 
certain 
offenses; 
common circumstances 
‘‘(a) DEFINITIONS.—In this subchapter: 
‘‘(1) The term ‘military objective’ means combatants and 
those objects during hostilities which, by their nature, location, 
purpose, or use, effectively contribute to the war-fighting or 
war-sustaining capability of an opposing force and whose total 
or partial destruction, capture, or neutralization would con-
stitute a definite military advantage to the attacker under 
the circumstances at the time of an attack. 
‘‘(2) The term ‘protected person’ means any person entitled 
to protection under one or more of the Geneva Conventions, 
including civilians not taking an active part in hostilities, mili-
tary personnel placed out of combat by sickness, wounds, or 
detention, and military medical or religious personnel. 
‘‘(3) The term ‘protected property’ means any property 
specifically protected by the law of war, including buildings 
dedicated to religion, education, art, science, or charitable pur-
poses, historic monuments, hospitals, and places where the 
sick and wounded are collected, but only if and to the extent 
such property is not being used for military purposes or is 
not otherwise a military objective. The term includes objects 
properly identified by one of the distinctive emblems of the 
Geneva Conventions, but does not include civilian property 
that is a military objective. 
‘‘(b) 
CONSTRUCTION
OF
CERTAIN
OFFENSES.—The 
intent 
required for offenses under paragraphs (1), (2), (3), (4), and (12) 
of section 950t of this title precludes the applicability of such 
offenses with regard to collateral damage or to death, damage, 
or injury incident to a lawful attack. 
‘‘(c) COMMON CIRCUMSTANCES.—An offense specified in this sub-
chapter is triable by military commission under this chapter only 
if the offense is committed in the context of and associated with 
hostilities. 
‘‘(d) EFFECT.—The provisions of this subchapter codify offenses 
that have traditionally been triable by military commission. This 
chapter does not establish new crimes that did not exist before 
the date of the enactment of this subchapter, as amended by the 
National Defense Authorization Act for Fiscal Year 2010, but rather 
codifies those crimes for trial by military commission. Because 
the provisions of this subchapter codify offenses that have tradition-
ally been triable under the law of war or otherwise triable by 
military commission, this subchapter does not preclude trial for 
offenses that occurred before the date of the enactment of this 
subchapter, as so amended. 
‘‘§ 950q. Principals 
‘‘Any person punishable under this chapter who— 
‘‘(1) commits an offense punishable by this chapter, or 
aids, abets, counsels, commands, or procures its commission; 
‘‘(2) causes an act to be done which if directly performed 
by him would be punishable by this chapter; or 
‘‘(3) is a superior commander who, with regard to acts 
punishable by this chapter, knew, had reason to know, or 
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123 STAT. 2607 
PUBLIC LAW 111–84—OCT. 28, 2009 
should have known, that a subordinate was about to commit 
such acts or had done so and who failed to take the necessary 
and reasonable measures to prevent such acts or to punish 
the perpetrators thereof, 
is a principal. 
‘‘§ 950r. Accessory after the fact 
‘‘Any person subject to this chapter who, knowing that an 
offense punishable by this chapter has been committed, receives, 
comforts, or assists the offender in order to hinder or prevent 
his apprehension, trial, or punishment shall be punished as a 
military commission under this chapter may direct. 
‘‘§ 950s. Conviction of lesser offenses 
‘‘An accused may be found guilty of an offense necessarily 
included in the offense charged or of an attempt to commit either 
the offense charged or an attempt to commit either the offense 
charged or an offense necessarily included therein. 
‘‘§ 950t. Crimes triable by military commission 
‘‘The following offenses shall be triable by military commission 
under this chapter at any time without limitation: 
‘‘(1) MURDER OF PROTECTED PERSONS.—Any person subject 
to this chapter who intentionally kills one or more protected 
persons shall be punished by death or such other punishment 
as a military commission under this chapter may direct. 
‘‘(2) ATTACKING
CIVILIANS.—Any person subject to this 
chapter who intentionally engages in an attack upon a civilian 
population as such, or individual civilians not taking active 
part in hostilities, shall be punished, if death results to one 
or more of the victims, by death or such other punishment 
as a military commission under this chapter may direct, and, 
if death does not result to any of the victims, by such punish-
ment, other than death, as a military commission under this 
chapter may direct. 
‘‘(3) ATTACKING CIVILIAN OBJECTS.—Any person subject to 
this chapter who intentionally engages in an attack upon a 
civilian object that is not a military objective shall be punished 
as a military commission under this chapter may direct. 
‘‘(4) ATTACKING PROTECTED PROPERTY.—Any person subject 
to this chapter who intentionally engages in an attack upon 
protected property shall be punished as a military commission 
under this chapter may direct. 
‘‘(5) PILLAGING.—Any person subject to this chapter who 
intentionally and in the absence of military necessity appro-
priates or seizes property for private or personal use, without 
the consent of a person with authority to permit such appropria-
tion or seizure, shall be punished as a military commission 
under this chapter may direct. 
‘‘(6) DENYING QUARTER.—Any person subject to this chapter 
who, with effective command or control over subordinate 
groups, declares, orders, or otherwise indicates to those groups 
that there shall be no survivors or surrender accepted, with 
the intent to threaten an adversary or to conduct hostilities 
such that there would be no survivors or surrender accepted, 
shall be punished as a military commission under this chapter 
may direct. 
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123 STAT. 2608 
PUBLIC LAW 111–84—OCT. 28, 2009 
‘‘(7) TAKING HOSTAGES.—Any person subject to this chapter 
who, having knowingly seized or detained one or more persons, 
threatens to kill, injure, or continue to detain such person 
or persons with the intent of compelling any nation, person 
other than the hostage, or group of persons to act or refrain 
from acting as an explicit or implicit condition for the safety 
or release of such person or persons, shall be punished, if 
death results to one or more of the victims, by death or such 
other punishment as a military commission under this chapter 
may direct, and, if death does not result to any of the victims, 
by such punishment, other than death, as a military commission 
under this chapter may direct. 
‘‘(8) EMPLOYING POISON OR SIMILAR WEAPONS.—Any person 
subject to this chapter who intentionally, as a method of war-
fare, employs a substance or weapon that releases a substance 
that causes death or serious and lasting damage to health 
in the ordinary course of events, through its asphyxiating, 
bacteriological, or toxic properties, shall be punished, if death 
results to one or more of the victims, by death or such other 
punishment as a military commission under this chapter may 
direct, and, if death does not result to any of the victims, 
by such punishment, other than death, as a military commission 
under this chapter may direct. 
‘‘(9) USING PROTECTED PERSONS AS A SHIELD.—Any person 
subject to this chapter who positions, or otherwise takes advan-
tage of, a protected person with the intent to shield a military 
objective from attack. or to shield, favor, or impede military 
operations, shall be punished, if death results to one or more 
of the victims, by death or such other punishment as a military 
commission under this chapter may direct, and, if death does 
not result to any of the victims, by such punishment, other 
than death, as a military commission under this chapter may 
direct. 
‘‘(10) USING PROTECTED PROPERTY AS A SHIELD.—Any per-
son subject to this chapter who positions, or otherwise takes 
advantage of the location of, protected property with the intent 
to shield a military objective from attack, or to shield, favor, 
or impede military operations, shall be punished as a military 
commission under this chapter may direct. 
‘‘(11) TORTURE.— 
‘‘(A) OFFENSE.—Any person subject to this chapter who 
commits an act specifically intended to inflict severe phys-
ical or mental pain or suffering (other than pain or suf-
fering incidental to lawful sanctions) upon another person 
within his custody or physical control for the purpose of 
obtaining information or a confession, punishment, intimi-
dation, coercion, or any reason based on discrimination 
of any kind, shall be punished, if death results to one 
or more of the victims, by death or such other punishment 
as a military commission under this chapter may direct, 
and, if death does not result to any of the victims, by 
such punishment, other than death, as a military commis-
sion under this chapter may direct. 
‘‘(B) SEVERE MENTAL PAIN OR SUFFERING DEFINED.— 
In this paragraph, the term ‘severe mental pain or suf-
fering’ has the meaning given that term in section 2340(2) 
of title 18. 
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123 STAT. 2609 
PUBLIC LAW 111–84—OCT. 28, 2009 
‘‘(12) CRUEL OR INHUMAN TREATMENT.—Any person subject 
to this chapter who subjects another person in their custody 
or under their physical control, regardless of nationality or 
physical location, to cruel or inhuman treatment that con-
stitutes a grave breach of common Article 3 of the Geneva 
Conventions shall be punished, if death results to the victim, 
by death or such other punishment as a military commission 
under this chapter may direct, and, if death does not result 
to the victim, by such punishment, other than death, as a 
military commission under this chapter may direct. 
‘‘(13) INTENTIONALLY CAUSING SERIOUS BODILY INJURY.— 
‘‘(A) OFFENSE.—Any person subject to this chapter who 
intentionally causes serious bodily injury to one or more 
persons, including privileged belligerents, in violation of 
the law of war shall be punished, if death results to one 
or more of the victims, by death or such other punishment 
as a military commission under this chapter may direct, 
and, if death does not result to any of the victims, by 
such punishment, other than death, as a military commis-
sion under this chapter may direct. 
‘‘(B) SERIOUS BODILY INJURY DEFINED.—In this para-
graph, the term ‘serious bodily injury’ means bodily injury 
which involves— 
‘‘(i) a substantial risk of death; 
‘‘(ii) extreme physical pain; 
‘‘(iii) protracted and obvious disfigurement; or 
‘‘(iv) protracted loss or impairment of the function 
of a bodily member, organ, or mental faculty. 
‘‘(14) MUTILATING OR MAIMING.—Any person subject to this 
chapter who intentionally injures one or more protected persons 
by disfiguring the person or persons by any mutilation of the 
person or persons, or by permanently disabling any member, 
limb, or organ of the body of the person or persons, without 
any legitimate medical or dental purpose, shall be punished, 
if death results to one or more of the victims, by death or 
such other punishment as a military commission under this 
chapter may direct, and, if death does not result to any of 
the victims, by such punishment, other than death, as a military 
commission under this chapter may direct. 
‘‘(15) MURDER IN VIOLATION OF THE LAW OF WAR.—Any 
person subject to this chapter who intentionally kills one or 
more persons, including privileged belligerents, in violation of 
the law of war shall be punished by death or such other 
punishment as a military commission under this chapter may 
direct. 
‘‘(16) DESTRUCTION OF PROPERTY IN VIOLATION OF THE LAW 
OF WAR.—Any person subject to this chapter who intentionally 
destroys property belonging to another person in violation of 
the law of war shall punished as a military commission under 
this chapter may direct. 
‘‘(17) USING TREACHERY OR PERFIDY.—Any person subject 
to this chapter who, after inviting the confidence or belief 
of one or more persons that they were entitled to, or obliged 
to accord, protection under the law of war, intentionally makes 
use of that confidence or belief in killing, injuring, or capturing 
such person or persons shall be punished, if death results 
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123 STAT. 2610 
PUBLIC LAW 111–84—OCT. 28, 2009 
to one or more of the victims, by death or such other punish-
ment as a military commission under this chapter may direct, 
and, if death does not result to any of the victims, by such 
punishment, other than death, as a military commission under 
this chapter may direct. 
‘‘(18) IMPROPERLY USING A FLAG OF TRUCE.—Any person 
subject to this chapter who uses a flag of truce to feign an 
intention to negotiate, surrender, or otherwise suspend hos-
tilities when there is no such intention shall be punished as 
a military commission under this chapter may direct. 
‘‘(19) IMPROPERLY USING A DISTINCTIVE EMBLEM.—Any per-
son subject to this chapter who intentionally uses a distinctive 
emblem recognized by the law of war for combatant purposes 
in a manner prohibited by the law of war shall be punished 
as a military commission under this chapter may direct. 
‘‘(20) INTENTIONALLY MISTREATING A DEAD BODY.—Any per-
son subject to this chapter who intentionally mistreats the 
body of a dead person, without justification by legitimate mili-
tary necessary, shall be punished as a military commission 
under this chapter may direct. 
‘‘(21) RAPE.—Any person subject to this chapter who forc-
ibly or with coercion or threat of force wrongfully invades 
the body of a person by penetrating, however slightly, the 
anal or genital opening of the victim with any part of the 
body of the accused, or with any foreign object, shall be pun-
ished as a military commission under this chapter may direct. 
‘‘(22) SEXUAL ASSAULT OR ABUSE.—Any person subject to 
this chapter who forcibly or with coercion or threat of force 
engages in sexual contact with one or more persons, or causes 
one or more persons to engage in sexual contact, shall be 
punished as a military commission under this chapter may 
direct 
‘‘(23) HIJACKING OR HAZARDING A VESSEL OR AIRCRAFT.— 
Any person subject to this chapter who intentionally seizes, 
exercises unauthorized control over, or endangers the safe 
navigation of a vessel or aircraft that is not a legitimate military 
objective shall be punished, if death results to one or more 
of the victims, by death or such other punishment as a military 
commission under this chapter may direct, and, if death does 
not result to any of the victims, by such punishment, other 
than death, as a military commission under this chapter may 
direct. 
‘‘(24) TERRORISM.—Any person subject to this chapter who 
intentionally kills or inflicts great bodily harm on one or more 
protected persons, or intentionally engages in an act that 
evinces a wanton disregard for human life, in a manner cal-
culated to influence or affect the conduct of government or 
civilian population by intimidation or coercion, or to retaliate 
against government conduct, shall be punished, if death results 
to one or more of the victims, by death or such other punish-
ment as a military commission under this chapter may direct, 
and, if death does not result to any of the victims, by such 
punishment, other than death, as a military commission under 
this chapter may direct. 
‘‘(25) PROVIDING MATERIAL SUPPORT FOR TERRORISM.— 
‘‘(A) OFFENSE.—Any person subject to this chapter who 
provides material support or resources, knowing or 
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123 STAT. 2611 
PUBLIC LAW 111–84—OCT. 28, 2009 
intending that they are to be used in preparation for, 
or in carrying out, an act of terrorism (as set forth in 
paragraph (24) of this section), or who intentionally pro-
vides material support or resources to an international 
terrorist organization engaged in hostilities against the 
United States, knowing that such organization has engaged 
or engages in terrorism (as so set forth), shall be punished 
as a military commission under this chapter may direct. 
‘‘(B) MATERIAL SUPPORT OR RESOURCES DEFINED.—In 
this paragraph, the term ‘material support or resources’ 
has the meaning given that term in section 2339A(b) of 
title 18. 
‘‘(26) WRONGFULLY AIDING THE ENEMY.—Any person subject 
to this chapter who, in breach of an allegiance or duty to 
the United States, knowingly and intentionally aids an enemy 
of the United States, or one of the co-belligerents of the enemy, 
shall be punished as a military commission under this chapter 
may direct. 
‘‘(27) SPYING.—Any person subject to this chapter who, 
in violation of the law of war and with intent or reason to 
believe that it is to be used to the injury of the United States 
or to the advantage of a foreign power, collects or attempts 
to collect information by clandestine means or while acting 
under false pretenses, for the purpose of conveying such 
information to an enemy of the United States, or one of the 
co-belligerents of the enemy, shall be punished by death or 
such other punishment as a military commission under this 
chapter may direct. 
‘‘(28) ATTEMPTS.— 
‘‘(A) IN GENERAL.—Any person subject to this chapter 
who attempts to commit any offense punishable by this 
chapter shall be punished as a military commission under 
this chapter may direct. 
‘‘(B) SCOPE OF OFFENSE.—An act, done with specific 
intent to commit an offense under this chapter, amounting 
to more than mere preparation and tending, even though 
failing, to effect its commission, is an attempt to commit 
that offense. 
‘‘(C) EFFECT OF CONSUMMATION.—Any person subject 
to this chapter may be convicted of an attempt to commit 
an offense although it appears on the trial that the offense 
was consummated. 
‘‘(29) CONSPIRACY.—Any person subject to this chapter who 
conspires to commit one or more substantive offenses triable 
by military commission under this subchapter, and who know-
ingly does any overt act to effect the object of the conspiracy, 
shall be punished, if death results to one or more of the victims, 
by death or such other punishment as a military commission 
under this chapter may direct, and, if death does not result 
to any of the victims, by such punishment, other than death, 
as a military commission under this chapter may direct. 
‘‘(30) SOLICITATION.—Any person subject to this chapter 
who solicits or advises another or others to commit one or 
more substantive offenses triable by military commission under 
this chapter shall, if the offense solicited or advised is attempted 
or committed, be punished with the punishment provided for 
the commission of the offense, but, if the offense solicited or 
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123 STAT. 2612 
PUBLIC LAW 111–84—OCT. 28, 2009 
advised is not committed or attempted, shall be punished as 
a military commission under this chapter may direct. 
‘‘(31) CONTEMPT.—A military commission under this 
chapter may punish for contempt any person who uses any 
menacing word, sign, or gesture in its presence, or who disturbs 
its proceedings by any riot or disorder. 
‘‘(32) PERJURY AND OBSTRUCTION OF JUSTICE.—A military 
commission under this chapter may try offenses and impose 
such punishment as the military commission may direct for 
perjury, false testimony, or obstruction of justice related to 
the military commission.’’. 
SEC. 1803. CONFORMING AMENDMENTS. 
(a) UNIFORM CODE OF MILITARY JUSTICE.— 
(1) PERSONS SUBJECT TO UCMJ.—Paragraph (13) of section 
802(a) of title 10, United States Code (article 2(a) of the Uniform 
Code of Military Justice), is amended to read as follows: 
‘‘(13) Individuals belonging to one of the eight categories 
enumerated in Article 4 of the Convention Relative to the 
Treatment of Prisoners of War, done at Geneva August 12, 
1949 (6 UST 3316), who violate the law of war.’’. 
(2) CONSTRUCTION OF MILITARY COMMISSIONS WITH COURTS- 
MARTIAL.—Section 839 of such title (article 39 of the Uniform 
Code of Military Justice) is amended by adding at the end 
the following new subsection: 
‘‘(d) The findings, holdings, interpretations, and other prece-
dents of military commissions under chapter 47A of this title— 
‘‘(1) may not be introduced or considered in any hearing, 
trial, or other proceeding of a court-martial under this chapter; 
and 
‘‘(2) may not form the basis of any holding, decision, or 
other determination of a court-martial.’’. 
(b) APPELLATE REVIEW UNDER DETAINEE TREATMENT ACT OF 
2005.—Section 1005(e) of the Detainee Treatment Act of 2005 (title 
X of Public Law 109–359; 10 U.S.C. 801 note) is amended by 
striking paragraph (3). 
SEC. 1804. PROCEEDINGS UNDER PRIOR STATUTE. 
(a) PRIOR CONVICTIONS.—The amendment made by section 1802 
shall have no effect on the validity of any conviction pursuant 
to chapter 47A of title 10, United States Code (as such chapter 
was in effect on the day before the date of the enactment of 
this Act). 
(b) COMPOSITION OF MILITARY COMMISSIONS.—Notwithstanding 
the amendment made by section 1802— 
(1) any commission convened pursuant to chapter 47A of 
title 10, United States Code (as such chapter was in effect 
on the day before the date of the enactment of this Act), 
shall be deemed to have been convened pursuant to chapter 
47A of title 10, United States Code (as amended by section 
1802); 
(2) any member of the Armed Forces detailed to serve 
on a commission pursuant to chapter 47A of title 10, United 
States Code (as in effect on the day before the date of the 
enactment of this Act), shall be deemed to have been detailed 
pursuant to chapter 47A of title 10, United States Code (as 
so amended); 
10 USC 948a 
note. 
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123 STAT. 2613 
PUBLIC LAW 111–84—OCT. 28, 2009 
(3) any military judge detailed to a commission pursuant 
to chapter 47A of title 10, United States Code (as in effect 
on the day before the date of the enactment of this Act), 
shall be deemed to have been detailed pursuant to chapter 
47A of title 10, United States Code (as so amended); 
(4) any trial counsel or defense counsel detailed for a 
commission pursuant to chapter 47A of title 10, United States 
Code (as in effect on the day before the date of the enactment 
of this Act), shall be deemed to have been detailed pursuant 
to chapter 47A of title 10, United States Code (as so amended); 
(5) any court reporters detailed to or employed by a commis-
sion pursuant to chapter 47A of title 10, United States Code 
(as in effect on the day before the date of the enactment 
of this Act), shall be deemed to have been detailed or employed 
pursuant to chapter 47A of title 10, United States Code (as 
so amended); and 
(6) any appellate military judge or other duly appointed 
appellate judge on the Court of Military Commission Review 
pursuant to chapter 47A of title 10, United States Code (as 
in effect on the day before the date of the enactment of this 
Act), shall be deemed to have been detailed or appointed to 
the United States Court of Military Commission Review pursu-
ant to chapter 47A of title 10, United States Code (as so 
amended). 
(c) 
CHARGES
AND
SPECIFICATIONS.—Notwithstanding 
the 
amendment made by section 1802— 
(1) any charges or specifications sworn or referred pursuant 
to chapter 47A of title 10, United States Code (as such chapter 
was in effect on the day before the date of the enactment 
of this Act), shall be deemed to have been sworn or referred 
pursuant to chapter 47A of title 10, United States Code (as 
amended by section 1802); and 
(2) any charges or specifications described in paragraph 
(1) may be amended, without prejudice, as needed to properly 
allege jurisdiction under chapter 47A of title 10, United States 
Code (as so amended), and crimes triable under such chapter. 
(d) PROCEDURES AND REQUIREMENTS.— 
(1) IN
GENERAL.—Except as provided in subsections (a) 
through (c) and subject to paragraph (2), any commission con-
vened pursuant to chapter 47A of title 10, United States Code 
(as such chapter was in effect on the day before the date 
of the enactment of this Act), shall be conducted after the 
date of the enactment of this Act in accordance with the proce-
dures and requirements of chapter 47A of title 10, United 
States Code (as amended by section 1802). 
(2) TEMPORARY CONTINUATION OF PRIOR PROCEDURES AND 
REQUIREMENTS.—Any military commission described in para-
graph (1) may be conducted in accordance with any procedures 
and requirements of chapter 47A of title 10, United States 
Code (as in effect on the day before the date of the enactment 
of this Act), that are not inconsistent with the provisions of 
chapter 47A of title 10, United States Code, (as so amended), 
until the earlier of— 
(A) the date of the submittal to Congress under section 
1805 of the revised rules for military commissions under 
chapter 47A of title 10, United States Code (as so amended); 
or 
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123 STAT. 2614 
PUBLIC LAW 111–84—OCT. 28, 2009 
(B) the date that is 90 days after the date of the 
enactment of this Act. 
SEC. 1805. SUBMITTAL TO CONGRESS OF REVISED RULES FOR MILI-
TARY COMMISSIONS. 
(a) DEADLINE FOR SUBMITTAL.—Not later than 90 days after 
the date of the enactment of this Act, the Secretary of Defense 
shall submit to the Committees on Armed Services of the Senate 
and the House of Representatives the revised rules for military 
commissions prescribed by the Secretary for purposes of chapter 
47A of title 10, United States Code (as amended by section 1802). 
(b) TREATMENT OF REVISED RULES UNDER REQUIREMENT FOR 
NOTICE
AND
WAIT
REGARDING
MODIFICATION
OF
RULES.—The 
revised rules submitted to Congress under subsection (a) shall 
not be treated as a modification of the rules in effect for military 
commissions for purposes of section 949a(d) of title 10, United 
States Code (as so amended). 
SEC. 1806. ANNUAL REPORTS TO CONGRESS ON TRIALS BY MILITARY 
COMMISSION. 
(a) ANNUAL REPORTS REQUIRED.—Not later than January 31 
of each year, the Secretary of Defense shall submit to the Commit-
tees on Armed Services of the Senate and the House of Representa-
tives a report on any trials conducted by military commissions 
under chapter 47A of title 10, United States Code (as amended 
by section 1802), during the preceding year. 
(b) FORM.—Each report under this section shall be submitted 
in unclassified form, but may include a classified annex. 
SEC. 1807. SENSE OF CONGRESS ON MILITARY COMMISSION SYSTEM. 
It is the sense of Congress that— 
(1) the fairness and effectiveness of the military commis-
sions system under chapter 47A of title 10, United States 
Code (as amended by section 1802), will depend to a significant 
degree on the adequacy of defense counsel and associated 
resources for individuals accused, particularly in the case of 
capital cases, under such chapter 47A; and 
(2) defense counsel in military commission cases, particu-
larly in capital cases, under such chapter 47A of title 10, 
United States Code (as so amended), should be fully resourced 
as provided in such chapter 47A. 
TITLE XIX—FEDERAL EMPLOYEE 
BENEFITS 
Subtitle A—General Provisions 
Sec. 1901. Credit for unused sick leave. 
Sec. 1902. Limited expansion of the class of individuals eligible to receive an actu-
arially reduced annuity under the Civil Service Retirement System. 
Sec. 1903. Computation of certain annuities based on part-time service. 
Sec. 1904. Authority to deposit refunds under FERS. 
Sec. 1905. Retirement credit for service of certain employees transferred from Dis-
trict of Columbia service to Federal service. 
Subtitle B—Non-Foreign Area Retirement Equity Assurance 
Sec. 1911. Short title. 
Sec. 1912. Extension of locality pay. 
Sec. 1913. Adjustment of special rates. 
Sec. 1914. Transition schedule for locality-based comparability payments. 
10 USC 948a 
note. 
10 USC 948a 
note. 
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123 STAT. 2615 
PUBLIC LAW 111–84—OCT. 28, 2009 
Sec. 1915. Savings provision. 
Sec. 1916. Application to other eligible employees. 
Sec. 1917. Election of additional basic pay for annuity computation by employees. 
Sec. 1918. Regulations. 
Sec. 1919. Effective dates. 
Subtitle A—General Provisions 
SEC. 1901. CREDIT FOR UNUSED SICK LEAVE. 
(a) IN GENERAL.—Section 8415 of title 5, United States Code, 
is amended— 
(1) by redesignating the second subsection (k) and sub-
section (l) as subsections (l) and (m), respectively; and 
(2) in subsection (l) (as so redesignated by paragraph (1))— 
(A) by striking ‘‘(l) In computing’’ and inserting ‘‘(l)(1) 
In computing’’; and 
(B) by adding at the end the following: 
‘‘(2)(A) Except as provided in paragraph (1), in computing an 
annuity under this subchapter, the total service of an employee 
who retires on an immediate annuity or who dies leaving a survivor 
or survivors entitled to annuity includes the applicable percentage 
of the days of unused sick leave to his credit under a formal 
leave system and for which days the employee has not received 
payment, except that these days will not be counted in determining 
average pay or annuity eligibility under this subchapter. For pur-
poses of this subsection, in the case of any such employee who 
is excepted from subchapter I of chapter 63 under section 6301(2)(x) 
through (xiii), the days of unused sick leave to his credit include 
any unused sick leave standing to his credit when he was excepted 
from such subchapter. 
‘‘(B) For purposes of subparagraph (A), the term ‘applicable 
percentage’ means— 
‘‘(i) 50 percent in the case of an annuity, entitlement to 
which is based on a death or other separation occurring during 
the period beginning on the date of enactment of this paragraph 
and ending on December 31, 2013; and 
‘‘(ii) 100 percent in the case of an annuity, entitlement 
to which is based on a death or other separation occurring 
after December 31, 2013.’’. 
(b) 
EXCEPTION
FROM
DEPOSIT
REQUIREMENT.—Section 
8422(d)(2) of title 5, United States Code, is amended by striking 
‘‘section 8415(k)’’ and inserting ‘‘paragraph (1) or (2) of section 
8415(l)’’. 
(c) EFFECTIVE DATE.—The amendments made by this section 
shall apply with respect to any annuity, entitlement to which is 
based on a death or other separation from service occurring on 
or after the date of enactment of this Act. 
SEC. 1902. LIMITED EXPANSION OF THE CLASS OF INDIVIDUALS 
ELIGIBLE TO RECEIVE AN ACTUARIALLY REDUCED 
ANNUITY 
UNDER 
THE 
CIVIL 
SERVICE 
RETIREMENT 
SYSTEM. 
(a) IN GENERAL.—Section 8334(d)(2)(A)(i) of title 5, United 
States Code, is amended by striking ‘‘October 1, 1990’’ each place 
it appears and inserting ‘‘March 1, 1991’’. 
(b) APPLICABILITY.—The amendment made by subsection (a) 
shall be effective with respect to any annuity, entitlement to which 
5 USC 8334 note. 
5 USC 8415 note. 
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123 STAT. 2616 
PUBLIC LAW 111–84—OCT. 28, 2009 
is based on a separation from service occurring on or after the 
date of enactment of this Act. 
SEC. 1903. COMPUTATION OF CERTAIN ANNUITIES BASED ON PART- 
TIME SERVICE. 
(a) IN GENERAL.—Section 8339(p) of title 5, United States Code, 
is amended by adding at the end the following: 
‘‘(3) In the administration of paragraph (1)— 
‘‘(A) subparagraph (A) of such paragraph shall apply with 
respect to service performed before, on, or after April 7, 1986; 
and 
‘‘(B) subparagraph (B) of such paragraph— 
‘‘(i) shall apply with respect to that portion of any 
annuity which is attributable to service performed on or 
after April 7, 1986; and 
‘‘(ii) shall not apply with respect to that portion of 
any annuity which is attributable to service performed 
before April 7, 1986.’’. 
(b) APPLICABILITY.—The amendment made by subsection (a) 
shall be effective with respect to any annuity, entitlement to which 
is based on a separation from service occurring on or after the 
date of enactment of this Act. 
SEC. 1904. AUTHORITY TO DEPOSIT REFUNDS UNDER FERS. 
(a) DEPOSIT AUTHORITY.—Section 8422 of title 5, United States 
Code, is amended by adding at the end the following: 
‘‘(i)(1) Each employee or Member who has received a refund 
of retirement deductions under this or any other retirement system 
established for employees of the Government covering service for 
which such employee or Member may be allowed credit under 
this chapter may deposit the amount received, with interest. Credit 
may not be allowed for the service covered by the refund until 
the deposit is made. 
‘‘(2) Interest under this subsection shall be computed in accord-
ance with paragraphs (2) and (3) of section 8334(e) and regulations 
prescribed by the Office. The option under the third sentence of 
section 8334(e)(2) to make a deposit in one or more installments 
shall apply to deposits under this subsection. 
‘‘(3) For the purpose of survivor annuities, deposits authorized 
by this subsection may also be made by a survivor of an employee 
or Member.’’. 
(b) TECHNICAL AND CONFORMING AMENDMENTS.— 
(1) DEFINITIONAL AMENDMENT.—Section 8401(19)(C) of title 
5, United States Code, is amended by striking ‘‘8411(f);’’ and 
inserting ‘‘8411(f) or 8422(i);’’. 
(2) CREDITING
OF
DEPOSITS.—Section 8422(c) of title 5, 
United States Code, is amended by adding at the end the 
following: ‘‘Deposits made by an employee, Member, or survivor 
also shall be credited to the Fund.’’. 
(3) SECTION HEADING.—(A) The heading for section 8422 
of title 5, United States Code, is amended to read as follows: 
5 USC 8339 note. 
Applicability. 
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123 STAT. 2617 
PUBLIC LAW 111–84—OCT. 28, 2009 
‘‘§ 8422. Deductions from pay; contributions for other service; 
deposits’’. 
(B) The analysis for chapter 84 of title 5, United States 
Code, is amended by striking the item relating to section 8422 
and inserting the following: 
‘‘8422. Deductions from pay; contributions for other service; deposits.’’. 
(4) RESTORATION OF ANNUITY RIGHTS.—The last sentence 
of section 8424(a) of title 5, United States Code, is amended 
by striking ‘‘based.’’ and inserting ‘‘based, until the employee 
or Member is reemployed in the service subject to this chapter.’’. 
SEC. 
1905. 
RETIREMENT 
CREDIT 
FOR 
SERVICE 
OF 
CERTAIN 
EMPLOYEES 
TRANSFERRED 
FROM 
DISTRICT 
OF 
COLUMBIA SERVICE TO FEDERAL SERVICE. 
(a) RETIREMENT CREDIT.— 
(1) IN
GENERAL.—Any individual who is treated as an 
employee of the Federal Government for purposes of chapter 
83 or chapter 84 of title 5, United States Code, on or after 
the date of enactment of this Act who performed qualifying 
District of Columbia service shall be entitled to have such 
service included in calculating the individual’s creditable service 
under section 8332 or 8411 of title 5, United States Code, 
but only for purposes of the following provisions of such title: 
(A) Sections 8333 and 8410 (relating to eligibility for 
annuity). 
(B) Sections 8336 (other than subsections (d), (h), and 
(p) thereof) and 8412 (relating to immediate retirement). 
(C) Sections 8338 and 8413 (relating to deferred retire-
ment). 
(D) Sections 8336(d), 8336(h), 8336(p), and 8414 
(relating to early retirement). 
(E) Section 8341 and subchapter IV of chapter 84 
(relating to survivor annuities). 
(F) Section 8337 and subchapter V of chapter 84 
(relating to disability benefits). 
(2) TREATMENT
OF
DETENTION
OFFICER
SERVICE
AS
LAW 
ENFORCEMENT OFFICER SERVICE.—Any portion of an individual’s 
qualifying District of Columbia service which consisted of 
service as a detention officer under section 2604(2) of the Dis-
trict of Columbia Government Comprehensive Merit Personnel 
Act of 1978 (sec. 1-626.04(2), D.C. Official Code) shall be treated 
as service as a law enforcement officer under sections 8331(20) 
or 8401(17) of title 5, United States Code, for purposes of 
applying paragraph (1) with respect to the individual. 
(3) SERVICE NOT INCLUDED IN COMPUTING AMOUNT OF ANY 
ANNUITY.—Qualifying District of Columbia service shall not 
be taken into account for purposes of computing the amount 
of any benefit payable out of the Civil Service Retirement 
and Disability Fund. 
(b) QUALIFYING DISTRICT OF COLUMBIA SERVICE DEFINED.— 
In this section, ‘‘qualifying District of Columbia service’’ means 
any of the following: 
(1) Service performed by an individual as a nonjudicial 
employee of the District of Columbia courts— 
5 USC 8332 note. 
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123 STAT. 2618 
PUBLIC LAW 111–84—OCT. 28, 2009 
(A) which was performed prior to the effective date 
of the amendments made by section 11246(b) of the Bal-
anced Budget Act of 1997; and 
(B) for which the individual did not ever receive credit 
under the provisions of subchapter III of chapter 83 or 
chapter 84 of title 5, United States Code (other than by 
virtue of section 8331(1)(iv) of such title). 
(2) Service performed by an individual as an employee 
of an entity of the District of Columbia government whose 
functions were transferred to the Pretrial Services, Parole, 
Adult Supervision, and Offender Supervision Trustee under 
section 11232 of the Balanced Budget Act of 1997— 
(A) which was performed prior to the effective date 
of the individual’s coverage as an employee of the Federal 
Government under section 11232(f) of such Act; and 
(B) for which the individual did not ever receive credit 
under the provisions of subchapter III of chapter 83 or 
chapter 84 of title 5, United States Code (other than by 
virtue of section 8331(1)(iv) of such title). 
(3) Service performed by an individual as an employee 
of the District of Columbia Public Defender Service— 
(A) which was performed prior to the effective date 
of the amendments made by section 7(e) of the District 
of Columbia Courts and Justice Technical Corrections Act 
of 1998; and 
(B) for which the individual did not ever receive credit 
under the provisions of subchapter III of chapter 83 or 
chapter 84 of title 5, United States Code (other than by 
virtue of section 8331(1)(iv) of such title). 
(4) In the case of an individual who was an employee 
of the District of Columbia Department of Corrections who 
was separated from service as a result of the closing of the 
Lorton Correctional Complex and who was appointed to a posi-
tion with the Bureau of Prisons, the District of Columbia courts, 
the Pretrial Services, Parole, Adult Supervision, and Offender 
Supervision Trustee, the United States Parole Commission, 
or the District of Columbia Public Defender Service, service 
performed by the individual as an employee of the District 
of Columbia Department of Corrections— 
(A) which was performed prior to the effective date 
of the individual’s coverage as an employee of the Federal 
Government; and 
(B) for which the individual did not ever receive credit 
under the provisions of subchapter III of chapter 83 or 
chapter 84 of title 5, United States Code (other than by 
virtue of section 8331(1)(iv) of such title). 
(c) CERTIFICATION
OF
SERVICE.—The Office of Personnel 
Management shall accept the certification of the appropriate per-
sonnel official of the government of the District of Columbia or 
other independent employing entity concerning whether an indi-
vidual performed qualifying District of Columbia service and the 
length of the period of such service the individual performed. 
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123 STAT. 2619 
PUBLIC LAW 111–84—OCT. 28, 2009 
Subtitle B—Non-Foreign Area Retirement 
Equity Assurance 
SEC. 1911. SHORT TITLE. 
This subtitle may be cited as the ‘‘Non-Foreign Area Retirement 
Equity Assurance Act of 2009’’ or the ‘‘Non-Foreign AREA Act 
of 2009’’. 
SEC. 1912. EXTENSION OF LOCALITY PAY. 
(a) LOCALITY-BASED COMPARABILITY PAYMENTS.—Section 5304 
of title 5, United States Code, is amended— 
(1) in subsection (f)(1), by striking subparagraph (A) and 
inserting the following: 
‘‘(A) each General Schedule position in the United States, 
as defined under section 5921(4), and its territories and posses-
sions, including the Commonwealth of Puerto Rico and the 
Commonwealth of the Northern Mariana Islands, shall be 
included within a pay locality; and’’; 
(2) in subsection (g)— 
(A) in paragraph (2)— 
(i) by striking ‘‘and’’ at the end of subparagraph 
(A); and 
(ii) by striking subparagraph (B) and inserting 
the following: 
‘‘(B) positions under subsection (h)(1)(C) not covered by 
appraisal systems certified under subsection 5307(d); and 
‘‘(C) any positions under subsection (h)(1)(D) as the Presi-
dent may determine.’’; and 
(B) by adding at the end the following: 
‘‘(3) The applicable maximum under this subsection shall be 
level II of the Executive Schedule for positions under subsection 
(h)(1)(C) covered by appraisal systems certified under section 
5307(d).’’; 
(3) in subsection (h)(1)— 
(A) in subparagraph (B), by striking ‘‘and’’ after the 
semicolon; 
(B) by redesignating subparagraph (C) as subpara-
graph (D); 
(C) by inserting after subparagraph (B) the following: 
‘‘(C) a Senior Executive Service position under section 3132 
or 3151 or a senior level position under section 5376 stationed 
within the United States, but outside the 48 contiguous States 
and the District of Columbia in which the incumbent was 
an individual who on the day before the effective date of section 
1912 of the Non-Foreign Area Retirement Equity Assurance 
Act of 2009 was eligible to receive a cost-of-living allowance 
under section 5941 and who thereafter has served continuously 
in an area in which such an allowance was payable; and’’; 
(D) in clause (iv) (in the matter following subparagraph 
(D)), by inserting ‘‘, except for a position covered by 
subparagraph (C)’’ before the semicolon; 
(E) in clause (v) (in the matter following subparagraph 
(D)), by inserting ‘‘, except for a position covered by 
subparagraph (C)’’ before the semicolon; and 
Non-Foreign 
Area Retirement 
Equity Assurance 
Act of 2009. 
5 USC 5304 note. 
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123 STAT. 2620 
PUBLIC LAW 111–84—OCT. 28, 2009 
(F) in clause (vii) (in the matter following subparagraph 
(D)), by inserting ‘‘, except for a position covered by 
subparagraph (C)’’ before the period; and 
(4) in subsection (h)(2)— 
(A) in subparagraph (B)(i), by striking ‘‘and (B)’’ and 
inserting ‘‘through (C)’’; and 
(B) in subparagraph (B)(ii), by striking ‘‘(1)(C)’’ and 
inserting ‘‘(1)(D)’’. 
(b) ALLOWANCES BASED ON LIVING COSTS AND CONDITIONS OF 
ENVIRONMENT.—Section 5941 of title 5, United States Code, is 
amended— 
(1) in subsection (a), by adding at the end the following: 
‘‘Notwithstanding any preceding provision of this subsection, 
the cost-of-living allowance rate based on paragraph (1) shall 
be the cost-of-living allowance rate in effect on the date of 
enactment of the Non-Foreign Area Retirement Equity Assur-
ance Act of 2009, except as adjusted under subsection (c).’’; 
(2) by redesignating subsection (b) as subsection (d); and 
(3) by inserting after subsection (a) the following: 
‘‘(b) This section shall apply only to areas that are designated 
as cost-of-living allowance areas as in effect on December 31, 2009. 
‘‘(c)(1) The cost-of-living allowance rate payable under this sec-
tion shall be adjusted on the first day of the first applicable pay 
period beginning on or after— 
‘‘(A) January 1, 2010; and 
‘‘(B) January 1 of each calendar year in which a locality- 
based comparability adjustment takes effect under paragraphs 
(2) and (3), respectively, of section 1914 of the Non-Foreign 
Area Retirement Equity Assurance Act of 2009. 
‘‘(2)(A) In this paragraph, the term ‘applicable locality-based 
comparability pay percentage’ means, with respect to calendar year 
2010 and each calendar year thereafter, the applicable percentage 
under paragraph (1), (2), or (3) of section 1914 of Non-Foreign 
Area Retirement Equity Assurance Act of 2009. 
‘‘(B) Each adjusted cost-of-living allowance rate under para-
graph (1) shall be computed by— 
‘‘(i) subtracting 65 percent of the applicable locality-based 
comparability pay percentage from the cost-of-living allowance 
percentage rate in effect on December 31, 2009; and 
‘‘(ii) dividing the resulting percentage determined under 
clause (i) by the sum of— 
‘‘(I) one; and 
‘‘(II) the applicable locality-based comparability pay-
ment percentage expressed as a numeral. 
‘‘(3) No allowance rate computed under paragraph (2) may 
be less than zero. 
‘‘(4) Each allowance rate computed under paragraph (2) shall 
be paid as a percentage of basic pay (including any applicable 
locality-based comparability payment under section 5304 or similar 
provision of law and any applicable special rate of pay under section 
5305 or similar provision of law).’’. 
SEC. 1913. ADJUSTMENT OF SPECIAL RATES. 
(a) IN GENERAL.—Each special rate of pay established under 
section 5305 of title 5, United States Code, and payable in an 
area designated as a cost-of-living allowance area under section 
5941(a) of that title, shall be adjusted, on the dates prescribed 
Definition. 
Time period. 
Applicability. 
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123 STAT. 2621 
PUBLIC LAW 111–84—OCT. 28, 2009 
by section 1914, in accordance with regulations prescribed by the 
Director of the Office of Personnel Management under section 1918. 
(b) AGENCIES WITH STATUTORY AUTHORITY.— 
(1) IN GENERAL.—Each special rate of pay established under 
an authority described under paragraph (2) and payable in 
a location designated as a cost-of-living allowance area under 
section 5941(a)(1) of title 5, United States Code, shall be 
adjusted in accordance with regulations prescribed by the 
applicable head of the agency that are consistent with the 
regulations issued by the Director of the Office of Personnel 
Management under subsection (a). 
(2) STATUTORY
AUTHORITY.—The authority referred to 
under paragraph (1), is any statutory authority that— 
(A) is similar to the authority exercised under section 
5305 of title 5, United States Code; 
(B) is exercised by the head of an agency when the 
head of the agency determines it to be necessary in order 
to obtain or retain the services of persons specified by 
statute; and 
(C) authorizes the head of the agency to increase the 
minimum, intermediate, or maximum rates of basic pay 
authorized under applicable statutes and regulations. 
(c) TEMPORARY ADJUSTMENT.—Regulations issued under sub-
section (a) or (b) may provide that statutory limitations on the 
amount of such special rates may be temporarily raised to a higher 
level during the transition period described in section 1914 ending 
on the first day of the first pay period beginning on or after 
January 1, 2012, at which time any special rate of pay in excess 
of the applicable limitation shall be converted to a retained rate 
under section 5363 of title 5, United States Code. 
SEC. 1914. TRANSITION SCHEDULE FOR LOCALITY-BASED COM-
PARABILITY PAYMENTS. 
Notwithstanding any other provision of this subtitle or section 
5304 or 5304a of title 5, United States Code, in implementing 
the amendments made by this subtitle, for each non-foreign area 
determined under section 5941(b) of such title, the applicable rate 
for the locality-based comparability adjustment that is used in 
the computation required under section 5941(c) of such title shall 
be adjusted, effective on the first day of the first pay period begin-
ning on or after January 1— 
(1) in calendar year 2010, by using 1/3 of the locality 
pay percentage for the rest of United States locality pay area; 
(2) in calendar year 2011, by using 2/3 of the otherwise 
applicable comparability payment approved by the President 
for each non-foreign area; and 
(3) in calendar year 2012 and each subsequent year, by 
using the full amount of the applicable comparability payment 
approved by the President for each non-foreign area. 
SEC. 1915. SAVINGS PROVISION. 
(a) SENSE OF CONGRESS.—It is the sense of Congress that— 
(1) the application of this subtitle to any employee should 
not result in a decrease in the take home pay of that employee; 
(2) in calendar year 2012 and each subsequent year, no 
employee shall receive less than the Rest of the U.S. locality 
pay rate; 
President. 
Regulations. 
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123 STAT. 2622 
PUBLIC LAW 111–84—OCT. 28, 2009 
(3) concurrent with the surveys next conducted under the 
provisions of section 5304(d)(1)(A) of title 5, United States 
Code, beginning after the date of the enactment of this Act, 
the Bureau of Labor Statistics should conduct separate surveys 
to determine the extent of any pay disparity (as defined by 
section 5302 of that title) that may exist with respect to posi-
tions located in the State of Alaska, the State of Hawaii, and 
the United States territories, including American Samoa, 
Guam, Commonwealth of the Northern Mariana Islands, 
Commonwealth of Puerto Rico, and the United States Virgin 
Islands; 
(4) if the surveys under paragraph (3) indicate that the 
pay disparity determined for the State of Alaska, the State 
of Hawaii, or any 1 of the United States territories including 
American Samoa, Guam, Commonwealth of the Northern Mar-
iana Islands, Commonwealth of Puerto Rico, and the United 
States Virgin Islands exceeds the pay disparity determined 
for the locality which (for purposes of section 5304 of that 
title) is commonly known as the ‘‘Rest of the United States’’, 
the President’s Pay Agent should take appropriate measures 
to provide that each such surveyed area be treated as a separate 
pay locality for purposes of that section; and 
(5) the President’s Pay Agent will establish 1 locality area 
for the entire State of Hawaii and 1 locality area for the 
entire State of Alaska. 
(b) SAVINGS PROVISIONS.— 
(1) IN GENERAL.—During the transition period described 
in section 1914 ending on the first day of the first pay period 
beginning on or after January 1, 2012, an employee paid a 
special rate under 5305 of title 5, United States Code, who 
the day before the date of enactment of this Act was eligible 
to receive a cost-of-living allowance under section 5941 of title 
5, United States Code, and who continues to be officially sta-
tioned in an allowance area, shall receive an increase in the 
employee’s special rate consistent with increases in the 
applicable special rate schedule. For employees in allowance 
areas, the minimum step rate for any grade of a special rate 
schedule shall be increased at the time of an increase in the 
applicable locality rate percentage for the allowance area by 
not less than the dollar increase in the locality-based com-
parability payment for a non-special rate employee at the same 
minimum step provided under section 1914 of this subtitle, 
and corresponding increases shall be provided for all step rates 
of the given pay range. 
(2) CONTINUATION OF COST OF LIVING ALLOWANCE RATE.— 
If an employee, who the day before the date of enactment 
of this Act was eligible to receive a cost-of-living allowance 
under section 5941 of title 5, United States Code, would receive 
a rate of basic pay and applicable locality-based comparability 
payment which is in excess of the maximum rate limitation 
set under section 5304(g) of title 5, United States Code, for 
his position (but for that maximum rate limitation) due to 
the operation of this subtitle, the employee shall continue to 
receive the cost-of-living allowance rate in effect on December 
31, 2009 without adjustment until— 
(A) the employee leaves the allowance area or pay 
system; or 
Time period. 
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123 STAT. 2623 
PUBLIC LAW 111–84—OCT. 28, 2009 
(B) the employee is entitled to receive basic pay 
(including any applicable locality-based comparability pay-
ment or similar supplement) at a higher rate, 
but, when any such position becomes vacant, the pay of any 
subsequent appointee thereto shall be fixed in the manner 
provided by applicable law and regulation. 
(3) 
LOCALITY-BASED
COMPARABILITY
PAYMENTS.—Any 
employee covered under paragraph (2) shall receive any 
applicable locality-based comparability payment extended under 
section 1914 of this subtitle which is not in excess of the 
maximum rate set under section 5304(g) of title 5, United 
States Code, for his position including any future increase 
to statutory pay limitations under 5318 of title 5, United States 
Code. Notwithstanding paragraph (2), to the extent that an 
employee covered under that paragraph receives any amount 
of locality-based comparability payment, the cost-of-living allow-
ance rate under that paragraph shall be reduced accordingly, 
as provided under section 5941(c)(2)(B) of title 5, United States 
Code. 
SEC. 1916. APPLICATION TO OTHER ELIGIBLE EMPLOYEES. 
(a) IN GENERAL.— 
(1) DEFINITION.—In this subsection, the term ‘‘covered 
employee’’ means— 
(A) any employee who— 
(i) on the day before the date of enactment of 
this Act— 
(I) was eligible to be paid a cost-of-living allow-
ance under 5941 of title 5, United States Code; 
and 
(II) was not eligible to be paid locality-based 
comparability payments under 5304 or 5304a of 
that title; or 
(ii) on or after the date of enactment of this Act 
becomes eligible to be paid a cost-of-living allowance 
under 5941 of title 5, United States Code; or 
(B) any employee who— 
(i) on the day before the date of enactment of 
this Act— 
(I) was eligible to be paid an allowance under 
section 1603(b) of title 10, United States Code; 
(II) was eligible to be paid an allowance under 
section 1005(b) of title 39, United States Code; 
(III) was employed by the Transportation 
Security Administration of the Department of 
Homeland Security and was eligible to be paid 
an allowance based on section 5941 of title 5, 
United States Code; or 
(IV) was eligible to be paid under any other 
authority a cost-of-living allowance that is equiva-
lent to the cost-of-living allowance under section 
5941 of title 5, United States Code; or 
(ii) on or after the date of enactment of this Act— 
(I) becomes eligible to be paid an allowance 
under section 1603(b) of title 10, United States 
Code; 
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123 STAT. 2624 
PUBLIC LAW 111–84—OCT. 28, 2009 
(II) becomes eligible to be paid an allowance 
under section 1005(b) of title 39, United States 
Code; 
(III) is employed by the Transportation Secu-
rity Administration of the Department of Home-
land Security and becomes eligible to be paid an 
allowance based on section 5941 of title 5, United 
States Code; or 
(IV) becomes eligible to be paid under any 
other authority a cost-of-living allowance that is 
equivalent to the cost-of-living allowance under 
section 5941 of title 5, United States Code. 
(2) APPLICATION TO COVERED EMPLOYEES.— 
(A) IN GENERAL.—Notwithstanding any other provision 
of law, for purposes of this subtitle (including the amend-
ments made by this subtitle) any covered employee shall 
be treated as an employee to whom section 5941 of title 
5, United States Code (as amended by section 1912 of 
this subtitle), and section 1914 of this subtitle apply. 
(B) PAY FIXED BY STATUTE.—Pay to covered employees 
under section 5304 or 5304a of title 5, United States Code, 
as a result of the application of this subtitle shall be 
considered to be fixed by statute. 
(C) PERFORMANCE APPRAISAL SYSTEM.—With respect to 
a covered employee who is subject to a performance 
appraisal system no part of pay attributable to locality- 
based comparability payments as a result of the application 
of this subtitle including section 5941 of title 5, United 
States Code (as amended by section 1912 of this subtitle), 
may be reduced on the basis of the performance of that 
employee. 
(b) POSTAL EMPLOYEES IN NON-FOREIGN AREAS.— 
(1) IN GENERAL.—Section 1005(b) of title 39, United States 
Code, is amended— 
(A) by inserting ‘‘(1)’’ after ‘‘(b)’’; 
(B) by striking ‘‘Section 5941,’’ and inserting ‘‘Except 
as provided under paragraph (2), section 5941’’; 
(C) by striking ‘‘For purposes of such section,’’ and 
inserting ‘‘Except as provided under paragraph (2), for pur-
poses of section 5941 of that title,’’; and 
(D) by adding at the end the following: 
‘‘(2) On and after the date of enactment of the Non-Foreign 
Area Retirement Equity Assurance Act of 2009— 
‘‘(A) the provisions of that Act and section 5941 of title 
5 shall apply to officers and employees covered by section 
1003 (b) and (c) whose duty station is in a nonforeign area; 
and 
‘‘(B) with respect to officers and employees of the Postal 
Service (other than those officers and employees described 
under subparagraph (A)) of section 1916(b)(2) of that Act shall 
apply.’’. 
(2) CONTINUATION OF COST OF LIVING ALLOWANCE.— 
(A) IN GENERAL.—Notwithstanding any other provision 
of this subtitle, any employee of the Postal Service (other 
than an employee covered by section 1003 (b) and (c) of 
title 39, United States Code, whose duty station is in 
a nonforeign area) who is paid an allowance under section 
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123 STAT. 2625 
PUBLIC LAW 111–84—OCT. 28, 2009 
1005(b) of that title shall be treated for all purposes as 
if the provisions of this subtitle (including the amendments 
made by this subtitle) had not been enacted, except that 
the cost-of-living allowance rate paid to that employee— 
(i) may result in the allowance exceeding 25 per-
cent of the rate of basic pay of that employee; and 
(ii) shall be the greater of— 
(I) the cost-of-living allowance rate in effect 
on December 31, 2009 for the applicable area; or 
(II) the applicable locality-based comparability 
pay percentage under section 1914. 
(B) RULE OF CONSTRUCTION.—Nothing in this subtitle 
shall be construed to— 
(i) provide for an employee described under 
subparagraph (A) to be a covered employee as defined 
under subsection (a); or 
(ii) 
authorize 
an 
employee 
described 
under 
subparagraph (A) to file an election under section 1917 
of this subtitle. 
SEC. 1917. ELECTION OF ADDITIONAL BASIC PAY FOR ANNUITY COM-
PUTATION BY EMPLOYEES. 
(a) DEFINITION.—In this section the term ‘‘covered employee’’ 
means any employee— 
(1) to whom section 1914 applies; 
(2) who is separated from service by reason of retirement 
under chapter 83 or 84 of title 5, United States Code, during 
the period of January 1, 2010, through December 31, 2012; 
and 
(3) who files an election with the Office of Personnel 
Management under subsection (b). 
(b) ELECTION.— 
(1) IN GENERAL.—An employee described under subsection 
(a) (1) and (2) may file an election with the Office of Personnel 
Management to be covered under this section. 
(2) DEADLINE.—An election under this subsection may be 
filed not later than December 31, 2012. 
(c) COMPUTATION OF ANNUITY.— 
(1) IN GENERAL.—Except as provided under paragraph (2), 
for purposes of the computation of an annuity of a covered 
employee any cost-of-living allowance under section 5941 of 
title 5, United States Code, paid to that employee during the 
first applicable pay period beginning on or after January 1, 
2010 through the first applicable pay period ending on or after 
December 31, 2012, shall be considered basic pay as defined 
under section 8331(3) or 8401(4) of that title. 
(2) LIMITATION.—An employee’s cost-of-living allowance 
may be considered basic pay under paragraph (1) only to the 
extent that, when added to the employee’s locality-based com-
parability payments, the resulting sum does not exceed the 
amount of the locality-based comparability payments the 
employee would have received during that period for the 
applicable pay area if the limitation under section 1914 did 
not apply. 
(d) CIVIL SERVICE RETIREMENT AND DISABILITY RETIREMENT 
FUND.— 
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123 STAT. 2626 
PUBLIC LAW 111–84—OCT. 28, 2009 
(1) EMPLOYEE CONTRIBUTIONS.—A covered employee shall 
pay into the Civil Service Retirement and Disability Retirement 
Fund— 
(A) an amount equal to the difference between— 
(i) employee contributions that would have been 
deducted and withheld from pay under section 8334 
or 8422 of title 5, United States Code, during the 
period described under subsection (c) of this section 
if the cost-of-living allowances described under that 
subsection had been treated as basic pay under section 
8331(3) or 8401(4) of title 5, United States Code; and 
(ii) employee contributions that were actually 
deducted and withheld from pay under section 8334 
or 8422 of title 5, United States Code, during that 
period; and 
(B) interest as prescribed under section 8334(e) of title 
5, United States Code, based on the amount determined 
under subparagraph (A). 
(2) AGENCY CONTRIBUTIONS.— 
(A) IN GENERAL.—The employing agency of a covered 
employee shall pay into the Civil Service Retirement and 
Disability Retirement Fund an amount for applicable 
agency contributions based on payments made under para-
graph (1). 
(B) SOURCE.—Amounts paid under this paragraph shall 
be contributed from the appropriation or fund used to pay 
the employee. 
(3) REGULATIONS.—The Office of Personnel Management 
may prescribe regulations to carry out this section. 
SEC. 1918. REGULATIONS. 
(a) IN GENERAL.—The Director of the Office of Personnel 
Management shall prescribe regulations to carry out this subtitle, 
including— 
(1) rules for special rate employees described under section 
1913; 
(2) rules for adjusting rates of basic pay for employees 
in pay systems administered by the Office of Personnel Manage-
ment when such employees are not entitled to locality-based 
comparability payments under section 5304 of title 5, United 
States Code, without regard to otherwise applicable statutory 
pay limitations during the transition period described in section 
1914 ending on the first day of the first pay period beginning 
on or after January 1, 2012; and 
(3) rules governing establishment and adjustment of saved 
or retained rates for any employee whose rate of pay exceeds 
applicable pay limitations on the first day of the first pay 
period beginning on or after January 1, 2012. 
(b) OTHER PAY SYSTEMS.—With the concurrence of the Director 
of the Office of Personnel Management, the administrator of a 
pay system not administered by the Office of Personnel Manage-
ment shall prescribe regulations to carry out this subtitle with 
respect to employees in such pay system, consistent with the regula-
tions prescribed by the Office under subsection (a). With respect 
to employees not entitled to locality-based comparability payments 
under section 5304 of title 5, United States Code, regulations pre-
scribed under this subsection may provide for special payments 
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123 STAT. 2627 
PUBLIC LAW 111–84—OCT. 28, 2009 
or adjustments for employees who were eligible to receive a cost- 
of-living allowance under section 5941 of that title on the date 
before the date of enactment of this Act. 
SEC. 1919. EFFECTIVE DATES. 
(a) IN GENERAL.—Except as provided by subsection (b), this 
subtitle (including the amendments made by this subtitle) shall 
take effect on the date of enactment of this Act. 
(b) LOCALITY PAY AND SCHEDULE.—The amendments made by 
section 1912 and the provisions of section 1914 shall take effect 
on the first day of the first applicable pay period beginning on 
or after January 1, 2010. 
DIVISION B—MILITARY CONSTRUCTION 
AUTHORIZATIONS 
SEC. 2001. SHORT TITLE. 
This division may be cited as the ‘‘Military Construction 
Authorization Act for Fiscal Year 2010’’. 
SEC. 
2002. 
EXPIRATION 
OF 
AUTHORIZATIONS 
AND 
AMOUNTS 
REQUIRED TO BE SPECIFIED BY LAW. 
(a) EXPIRATION
OF AUTHORIZATIONS AFTER THREE YEARS.— 
Except as provided in subsection (b), all authorizations contained 
in titles XXI through XXVII and title XXIX for military construction 
projects, land acquisition, family housing projects and facilities, 
and contributions to the North Atlantic Treaty Organization Secu-
rity Investment Program (and authorizations of appropriations 
therefor) shall expire on the later of— 
(1) October 1, 2012; or 
(2) the date of the enactment of an Act authorizing funds 
for military construction for fiscal year 2013. 
(b) EXCEPTION.—Subsection (a) shall not apply to authorizations 
for military construction projects, land acquisition, family housing 
projects and facilities, and contributions to the North Atlantic 
Treaty Organization Security Investment Program (and authoriza-
tions of appropriations therefor), for which appropriated funds have 
been obligated before the later of— 
(1) October 1, 2012; or 
(2) the date of the enactment of an Act authorizing funds 
for fiscal year 2013 for military construction projects, land 
acquisition, family housing projects and facilities, and contribu-
tions to the North Atlantic Treaty Organization Security Invest-
ment Program. 
SEC. 2003. RELATION TO FUNDING TABLES. 
(a) MILITARY CONSTRUCTION, MILITARY FAMILY HOUSING, AND 
RELATED ACTIVITIES.—The amounts authorized to be appropriated 
by sections 2104, 2204, 2304, 2404, 2411, 2502, and 2606 shall 
be available, in accordance with the requirements of section 4001, 
for projects, programs, and activities, and in the amounts, specified 
in the funding table in section 4501. 
(b) 
BASE
CLOSURE
AND
REALIGNMENT
ACTIVITIES.—The 
amounts authorized to be appropriated by section 2703 shall be 
available, in accordance with the requirements of section 4001, 
Military 
Construction 
Authorization 
Act for Fiscal 
Year 2010. 
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123 STAT. 2628 
PUBLIC LAW 111–84—OCT. 28, 2009 
for projects, programs, and activities, and in the amounts, specified 
in the funding table in section 4502. 
(c) 
OVERSEAS
CONTINGENCY
OPERATIONS.—The 
amounts 
authorized to be appropriated by sections 2901 and 2902 shall 
be available, in accordance with the requirements of section 4001, 
for projects, programs, and activities, and in the amounts, specified 
in the funding table in section 4503. 
SEC. 2004. GENERAL REDUCTION ACROSS DIVISION. 
(a) REDUCTION.—Of the amounts provided in the authorizations 
of appropriations in this division, the overall authorization of appro-
priations in this division is reduced by $529,091,000. 
(b) REPORT ON APPLICATION.—Not later than 90 days after 
the date of the enactment of this Act, the Secretary of Defense 
shall submit to the congressional defense committees a report 
describing how the reduction required by subsection (a) is applied. 
TITLE XXI—ARMY 
Sec. 2101. Authorized Army construction and land acquisition projects. 
Sec. 2102. Family housing. 
Sec. 2103. Improvements to military family housing units. 
Sec. 2104. Authorization of appropriations, Army. 
Sec. 2105. Modification of authority to carry out certain fiscal year 2009 project. 
Sec. 2106. Extension of authorizations of certain fiscal year 2006 projects. 
SEC. 2101. AUTHORIZED ARMY CONSTRUCTION AND LAND ACQUISI-
TION PROJECTS. 
(a) INSIDE THE UNITED STATES.—Using amounts appropriated 
pursuant to the authorization of appropriations in section 
2104(a)(1), the Secretary of the Army may acquire real property 
and carry out military construction projects for the installations 
or locations inside the United States, and in the amounts, set 
forth in the following table: 
Army: Inside the United States 
State 
Installation or Location 
Amount 
Alabama ........................
Anniston Army Depot ...............................................
$3,300,000 
Redstone Arsenal ......................................................
$3,550,000 
Alaska ...........................
Fort Richardson ........................................................
$56,050,000 
Fort Wainwright .......................................................
$198,000,000 
Arizona ..........................
Fort Huachuca ..........................................................
$27,700,000 
Arkansas .......................
Pine Bluff Arsenal ....................................................
$25,000,000 
California ......................
Fort Irwin ..................................................................
$9,500,000 
Colorado ........................
Fort Carson ...............................................................
$240,950,000 
Florida ..........................
Eglin Air Force Base ................................................
$132,800,000 
Georgia ..........................
Fort Benning .............................................................
$295,300,000 
Fort Gillem ................................................................
$10,800,000 
Fort Stewart ..............................................................
$100,400,000 
Hawaii ...........................
Schofield Barracks ....................................................
$184,000,000 
Wheeler Army Air Field ...........................................
$7,500,000 
Kansas ..........................
Fort Riley ..................................................................
$168,500,000 
Kentucky .......................
Fort Campbell ...........................................................
$14,400,000 
Fort Knox ..................................................................
$70,000,000 
Louisiana ......................
Fort Polk ...................................................................
$55,400,000 
Maryland ......................
Aberdeen Proving Ground .......................................
$15,500,000 
Fort Detrick ..............................................................
$46,400,000 
Fort Meade ................................................................
$2,350,000 
Missouri ........................
Fort Leonard Wood ...................................................
$170,800,000 
New Jersey ...................
Picatinny Arsenal .....................................................
$10,200,000 
New York ......................
Fort Drum .................................................................
$92,700,000 
North Carolina .............
Fort Bragg .................................................................
$114,600,000 
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123 STAT. 2629 
PUBLIC LAW 111–84—OCT. 28, 2009 
Army: Inside the United States—Continued 
State 
Installation or Location 
Amount 
Sunny Point Military Ocean Terminal ...................
$28,900,000 
Oklahoma .....................
Fort Sill .....................................................................
$90,500,000 
McAlester Army Ammunition Plant .......................
$12,500,000 
South Carolina .............
Charleston Naval Weapons Station ........................
$21,800,000 
Fort Jackson ..............................................................
$103,500,000 
Texas .............................
Fort Bliss ...................................................................
$219,400,000 
Fort Hood ..................................................................
$42,900,000 
Fort Sam Houston ....................................................
$19,800,000 
Utah ..............................
Dugway Proving Ground ..........................................
$25,000,000 
Virginia .........................
Fort A.P. Hill ............................................................
$23,000,000 
Fort Belvoir ...............................................................
$17,900,000 
Fort Eustis ................................................................
$8,900,000 
Fort Lee .....................................................................
$5,000,000 
Washington ...................
Fort Lewis .................................................................
$18,700,000 
Various locations ..........
Troop Trainee Housing ............................................
$350,000,000 
(b) OUTSIDE THE UNITED STATES.—Using amounts appropriated 
pursuant to the authorization of appropriations in section 
2104(a)(2), the Secretary of the Army may acquire real property 
and carry out military construction projects for the installations 
or locations outside the United States, and in the amounts, set 
forth in the following table: 
Army: Outside the United States 
Country 
Installation or Location 
Amount 
Afghanistan ...............
Bagram Air Base .....................................
$87,100,000 
Belgium ......................
Mons .........................................................
$20,000,000 
Germany ....................
Ansbach ....................................................
$31,700,000 
Kleber Kaserne ........................................
$20,000,000 
Japan .........................
Okinawa ...................................................
$6,000,000 
Sagamihara ..............................................
$6,000,000 
Korea ..........................
Camp Humphreys ...................................
$50,200,000 
Kuwait .......................
Camp Arifjan ...........................................
$82,000,000 
SEC. 2102. FAMILY HOUSING. 
(a) CONSTRUCTION AND ACQUISITION.—Using amounts appro-
priated pursuant to the authorization of appropriations in section 
2104(a)(5)(A), the Secretary of the Army may construct or acquire 
family housing units (including land acquisition and supporting 
facilities) at the installations or locations, in the number of units, 
and in the amounts set forth in the following table: 
Army: Family Housing 
Country 
Installation or Lo-
cation 
Units 
Amount 
Germany .................
Baumholder ...........
38 ...............
$18,000,000 
(b) PLANNING
AND
DESIGN.—Using amounts appropriated 
pursuant to the authorization of appropriations in section 
2104(a)(5)(A), the Secretary of the Army may carry out architectural 
and engineering services and construction design activities with 
respect to the construction or improvement of family housing units 
in an amount not to exceed $3,936,000. 
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123 STAT. 2630 
PUBLIC LAW 111–84—OCT. 28, 2009 
SEC. 2103. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS. 
Subject to section 2825 of title 10, United States Code, and 
using amounts appropriated pursuant to the authorization of appro-
priations in section 2104(a)(5)(A), the Secretary of the Army may 
improve existing military family housing units in an amount not 
to exceed $219,300,000. 
SEC. 2104. AUTHORIZATION OF APPROPRIATIONS, ARMY. 
(a) IN GENERAL.—Funds are hereby authorized to be appro-
priated for fiscal years beginning after September 30, 2009, for 
military construction, land acquisition, and military family housing 
functions of the Department of the Army in the total amount 
of $4,516,073,000 as follows: 
(1) For military construction projects inside the United 
States authorized by section 2101(a), $2,752,500,000. 
(2) For military construction projects outside the United 
States authorized by section 2101(b), $303,000,000. 
(3) For unspecified minor military construction projects 
authorized by section 2805 of title 10, United States Code, 
$25,000,000. 
(4) For host nation support and architectural and 
engineering services and construction design under section 2807 
of title 10, United States Code, $200,519,000. 
(5) For military family housing functions: 
(A) For construction and acquisition, planning and 
design, and improvement of military family housing and 
facilities, $241,236,000. 
(B) For support of military family housing (including 
the functions described in section 2833 of title 10, United 
States Code), $523,418,000. 
(6) For the construction of increment 4 of a brigade complex 
at Fort Lewis, Washington, authorized by section 2101(a) of 
the Military Construction Authorization Act for Fiscal Year 
2007 (division B of Public Law 109–364; 120 Stat. 2445), as 
amended by section 20814 of the Continuing Appropriations 
Resolution, 2007 (division B of Public Law 109–289), as added 
by section 2 of the Revised Continuing Resolution, 2007 (Public 
Law 110–5; 121 Stat 41) $102,000,000. 
(7) For the construction of increment 3 of the United States 
Southern Command Headquarters at Miami Doral, Florida, 
authorized by section 2101(a) of the Military Construction 
Authorization Act for Fiscal Year 2008 (division B of Public 
Law 110–181; 122 Stat. 504), $55,400,000. 
(8) For the construction of increment 3 of the brigade 
complex operations support facility at Vicenza, Italy, authorized 
by section 2101(b) of the Military Construction Authorization 
Act for Fiscal Year 2008 (division B of Public Law 110–181; 
122 Stat. 505), $23,500,000. 
(9) For the construction of increment 3 of the brigade 
complex barracks and community support facility at Vicenza, 
Italy, authorized by section 2101(b) of the Military Construction 
Authorization Act for Fiscal Year 2008 (division B of Public 
Law 110–181; 122 Stat. 505), $22,500,000. 
(10) For the construction of increment 2 of a barracks 
and dining complex at Fort Carson, Colorado, authorized by 
section 2101(a) of the Military Construction Authorization Act 
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123 STAT. 2631 
PUBLIC LAW 111–84—OCT. 28, 2009 
for Fiscal Year 2009 (division B of Public Law 110–417; 122 
Stat. 4659), $60,000,000. 
(11) For the construction of increment 2 of a barracks 
and dining complex at Fort Stewart, Georgia, authorized by 
section 2101(a) of the Military Construction Authorization Act 
for Fiscal Year 2009 (division B of Public Law 110–417; 122 
Stat. 4659), $80,000,000. 
(12) For the construction of increment 2 of the family 
housing replacement construction at Wiesbaden Air Base, Ger-
many, authorized by section 2102(a) of the Military Construc-
tion Authorization Act for Fiscal Year 2009 (division B of Public 
Law 110–417; 122 Stat. 4663), $10,000,000. 
(13) For the construction of increment 2 of the family 
housing replacement construction at Wiesbaden Air Base, Ger-
many, authorized by section 2102(a) of the Military Construc-
tion Authorization Act for Fiscal Year 2009 (division B of Public 
Law 110–417; 122 Stat. 4663), $11,000,000. 
(14) For the construction of increment 2 of the family 
housing replacement construction at Wiesbaden Air Base, Ger-
many, authorized by section 2102(a) of the Military Construc-
tion Authorization Act for Fiscal Year 2009 (division B of Public 
Law 110–417; 122 Stat. 4663), $11,000,000. 
(15) For the construction of increment 1 of an Aviation 
Task Force Complex Phase 1 at Fort Wainwright, Alaska, 
authorized by section 2101(a), $95,000,000. 
(b) LIMITATION ON TOTAL COST OF CONSTRUCTION PROJECTS.— 
Notwithstanding the cost variations authorized by section 2853 
of title 10, United States Code, and any other cost variation author-
ized by law, the total cost of all projects carried out under section 
2101 of this Act may not exceed the sum of the following: 
(1) The total amount authorized to be appropriated under 
paragraphs (1) and (2) of subsection (a). 
(2) $95,000,000 (the balance of the amount authorized 
under section 2101(a) for an aviation task force complex, Phase 
I at Fort Wainwright, Alaska). 
(3) $25,000,000 (the balance of the amount authorized 
under section 2101(b) of the Military Construction Authoriza-
tion Act for Fiscal Year 2008 (division B of Public Law 110– 
181; 122 Stat. 505) for construction of a brigade complex oper-
ations support facility at Vicenza, Italy. 
(4) $26,000,000 (the balance of the amount authorized 
under section 2101(b) of the Military Construction Authoriza-
tion Act for Fiscal Year 2008 (division B of Public Law 110– 
181; 122 Stat. 505) for construction of a brigade complex oper-
ations support facility at Vicenza, Italy. 
(c) LIMITATION ON IMPLEMENTATION OF TROOP TRAINEE BAR-
RACKS PROJECTS.—The Secretary of the Army may not enter into 
an award of a project for any troop trainee barracks authorized 
under section 2101(a) until the Secretary submits to the congres-
sional defense committees a report that includes the following: 
(1) Within the amounts authorized to be appropriated 
under subsection (a), a list of the proposed projects. 
(2) A Military Construction Data Sheet for each project. 
(3) A certification that the projects can be awarded in 
the year for which the appropriation of funds is made. 
(4) A certification that the projects are listed in the current 
Future Years Defense Program for the Army. 
Reports. 
Certifications. 
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123 STAT. 2632 
PUBLIC LAW 111–84—OCT. 28, 2009 
SEC. 2105. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN 
FISCAL YEAR 2009 PROJECT. 
In the case of the authorization contained in the table in 
section 2101(a) of the Military Construction Authorization Act for 
Fiscal Year 2009 (Public Law 110–417; 122 Stat. 4659) for Fort 
Bragg, North Carolina, for construction of a chapel at the installa-
tion, the Secretary of the Army may construct up to a 22,600 
square-feet (400 person) chapel consistent with the Army’s standard 
square footage for chapel construction guidelines. 
SEC. 2106. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR 
2006 PROJECTS. 
(a) EXTENSION.—Notwithstanding section 2701 of the Military 
Construction Authorization Act for Fiscal Year 2006 (division B 
of Public Law 109–163; 119 Stat. 3501), authorizations set forth 
in the table in subsection (b), as provided in section 2101 of that 
Act (119 Stat. 3485) and extended by section 2107 of the Military 
Construction Authorization Act for Fiscal Year 2009 (division B 
of Public Law 110–417; 122 Stat. 4665), shall remain in effect 
until October 1, 2010, or the date of the enactment of an Act 
authorizing funds for military construction for fiscal year 2011, 
whichever is later: 
(b) TABLE.—The table referred to in subsection (a) is as follows: 
Army: Extension of 2006 Project Authorizations 
State 
Installation or 
Location 
Project 
Amount 
Hawaii ...........
Pohakuloa .............
Tactical Vehicle Wash 
Facility.
$9,207,000 
Battle Area Complex .......
$33,660,000 
TITLE XXII—NAVY 
Sec. 2201. Authorized Navy construction and land acquisition projects. 
Sec. 2202. Family housing. 
Sec. 2203. Improvements to military family housing units. 
Sec. 2204. Authorization of appropriations, Navy. 
Sec. 2205. Modification and extension of authority to carry out certain fiscal year 
2006 project. 
SEC. 2201. AUTHORIZED NAVY CONSTRUCTION AND LAND ACQUISI-
TION PROJECTS. 
(a) INSIDE THE UNITED STATES.—Using amounts appropriated 
pursuant to the authorization of appropriations in section 
2204(a)(1), the Secretary of the Navy may acquire real property 
and carry out military construction projects for the installations 
or locations inside the United States, and in the amounts, set 
forth in the following table: 
Navy: Inside the United States 
State 
Installation or Location 
Amount 
Arizona .....................
Marine Corps Air Station, Yuma ............
$28,770,000 
California ..................
Mountain 
Warfare 
Training 
Center 
Bridgeport.
$11,290,000 
Marine Corps Base, Camp Pendleton .....
$775,162,000 
Termination 
date. 
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123 STAT. 2633 
PUBLIC LAW 111–84—OCT. 28, 2009 
Navy: Inside the United States—Continued 
State 
Installation or Location 
Amount 
Edwards Air Force Base ..........................
$3,007,000 
Naval Station Monterey ...........................
$10,240,000 
Marine Corps Base, Twentynine Palms
$513,680,000 
Marine Corps Air Station, Miramar .......
$9,280,000 
Point Loma Annex ....................................
$11,060,000 
Naval Station, San Diego .........................
$23,590,000 
Connecticut ..............
Naval Submarine Base, New London .....
$6,570,000 
Florida ......................
Blount Island Command ..........................
$3,760,000 
Eglin Air Force Base ................................
$26,287,000 
Naval Air Station, Jacksonville ...............
$5,917,000 
Naval Station, Mayport ............................
$102,345,000 
Naval Air Station, Pensacola ...................
$26,161,000 
Naval Air Station, Whiting Field ............
$4,120,000 
Georgia .....................
Marine Corps Logistics Base, Albany .....
$4,870,000 
Hawaii ......................
Oahu ..........................................................
$5,380,000 
Naval Station, Pearl Harbor ....................
$60,252,000 
Indiana .....................
Naval Support Activity ............................
$13,710,000 
Maine ........................
Portsmouth Naval Shipyard ....................
$7,090,000 
Maryland ..................
Naval 
Surface 
Warfare 
Center, 
Carderock.
$6,520,000 
Naval Air Station, Patuxent River ..........
$11,043,000 
Nevada ......................
Naval Air Station, Fallon .........................
$10,670,000 
North Carolina .........
Marine Corps Base, Camp Lejeune ........
$673,570,000 
Marine Corps Air Station, Cherry Point 
$22,960,000 
Marine Corps Air Station, New River ....
$107,090,000 
Rhode Island ............
Naval Station, Newport ...........................
$64,883,000 
South Carolina .........
Marine Corps Air Station, Beaufort ........
$1,280,000 
Marine Corps Recruit Depot, Parris Is-
land.
$6,972,000 
Texas .........................
Naval Air Station, Corpus Christi ..........
$19,764,000 
Naval Air Station, Kingsville ..................
$4,470,000 
Virginia .....................
Naval Amphibious Base, Little Creek ....
$13,095,000 
Naval Station Norfolk ..............................
$18,139,000 
Naval Special Weapons Center, Dahl-
gren.
$3,660,000 
Dam Neck ..................................................
$14,170,000 
Norfolk Naval Shipyard, Portsmouth .....
$226,969,000 
Marine Corps Base, Quantico ..................
$105,240,000 
Washington ..............
Bremerton .................................................
$108,939,000 
Naval Station, Everett .............................
$3,810,000 
Naval Magazine, Indian Island ...............
$13,130,000 
Spokane .....................................................
$12,707,000 
West Virginia ...........
Naval Security Group, Sugar Grove .......
$10,990,000 
(b) OUTSIDE THE UNITED STATES.—Using amounts appropriated 
pursuant to the authorization of appropriations in section 
2204(a)(2), the Secretary of the Navy may acquire real property 
and carry out military construction projects for the installation 
or location outside the United States, and in the amounts, set 
forth in the following table: 
Navy: Outside the United States 
Country 
Installation or Location 
Amount 
Bahrain .....................
Southwest Asia ...........................................
$41,526,000 
Djibouti .....................
Camp Lemonier ..........................................
$41,845,000 
Guam .........................
Naval Activities, Guam .............................
$575,006,000 
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123 STAT. 2634 
PUBLIC LAW 111–84—OCT. 28, 2009 
Navy: Outside the United States—Continued 
Country 
Installation or Location 
Amount 
Spain .........................
Naval Station, Rota ...................................
$26,278,000 
SEC. 2202. FAMILY HOUSING. 
(a) CONSTRUCTION AND ACQUISITION.—Using amounts appro-
priated pursuant to the authorization of appropriations in section 
2204(a)(5)(A), the Secretary of the Navy may construct or acquire 
family housing units (including land acquisition and supporting 
facilities) at the installations or locations, in the number of units, 
and in the amount set forth in the following table: 
Navy: Family Housing 
Location 
Installation or Lo-
cation 
Units 
Amount 
Korea ...............................
Pusan ..............................
Welcome center/ ware-
house 
$4,376,000 
Mariana Islands ..............
Naval Activities, Guam
30 
$20,730,000 
(b) PLANNING
AND
DESIGN.—Using amounts appropriated 
pursuant to the authorization of appropriations in section 
2204(a)(5)(A), the Secretary of the Navy may carry out architectural 
and engineering services and construction design activities with 
respect to the construction or improvement of family housing units 
in an amount not to exceed $2,771,000. 
SEC. 2203. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS. 
Subject to section 2825 of title 10, United States Code, and 
using amounts appropriated pursuant to the authorization of appro-
priations in section 2204(a)(5)(A), the Secretary of the Navy may 
improve existing military family housing units in an amount not 
to exceed $118,692,000. 
SEC. 2204. AUTHORIZATION OF APPROPRIATIONS, NAVY. 
(a) IN GENERAL.—Funds are hereby authorized to be appro-
priated for fiscal years beginning after September 30, 2009, for 
military construction, land acquisition, and military family housing 
functions of the Department of the Navy in the total amount of 
$4,284,112,000, as follows: 
(1) For military construction projects inside the United 
States authorized by section 2201(a), $2,746,704,000. 
(2) For military construction projects outside the United 
States authorized by section 2201(b), $233,445,000. 
(3) For unspecified minor military construction projects 
authorized by section 2805 of title 10, United States Code, 
$12,483,000. 
(4) For architectural and engineering services and construc-
tion design under section 2807 of title 10, United States Code, 
$179,652,000. 
(5) For military family housing functions: 
(A) For construction and acquisition, planning and 
design, and improvement of military family housing and 
facilities, $146,569,000. 
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123 STAT. 2635 
PUBLIC LAW 111–84—OCT. 28, 2009 
(B) For support of military family housing (including 
functions described in section 2833 of title 10, United States 
Code), $368,540,000. 
(6) For the construction of increment 6 of a limited area 
production and storage complex at Bangor, Washington, author-
ized by section 2201(a) of the Military Construction Authoriza-
tion Act for Fiscal Year 2005 (division B of Public Law 108– 
375; 118 Stat. 2106), $87,292,000. 
(7) For the construction of increment 2 of enclave fencing 
at Naval Submarine Base, Bangor, Washington, authorized by 
section 2201(a) of the Military Construction Authorization Act 
for Fiscal Year 2006 (division B of Public Law 109–163; 119 
Stat. 3490), as amended by section 2205 of this Act, 
$67,419,000. 
(8) For the construction of increment 2 of a replacement 
maintenance pier at Bremerton, Washington, authorized by 
section 2201(a) of the Military Construction Authorization Act 
for Fiscal Year 2008 (division B of Public Law 110–181; 122 
Stat. 510), $69,064,000. 
(9) For the construction of increment 3 of a submarine 
drive-in magazine silencing facility at Naval Base Pearl Harbor, 
Hawaii, authorized by section 2201(a) of the Military Construc-
tion Authorization Act for Fiscal Year 2008 (division B of Public 
Law 110–181; 122 Stat. 510), $8,645,000. 
(10) For the construction of the first increment of a ship 
repair pier replacement at Norfolk Naval Shipyard, Virginia, 
authorized by section 2201(a), $126,969,000. 
(11) For the construction of the first increment of a wharves 
improvement, Apra Harbor, Guam, authorized by section 
2201(b), $127,033,000. 
(12) For the construction of the first increment of north 
ramp utilities, Andersen Air Force Base, Guam, authorized 
by section 2201(b), $21,500,000. 
(13) For the construction of the first increment of north 
ramp parking, Andersen Air Force Base, Guam, authorized 
by section 2201(b), $88,797,000. 
(b) LIMITATION ON TOTAL COST OF CONSTRUCTION PROJECTS.— 
Notwithstanding the cost variations authorized by section 2853 
of title 10, United States Code, and any other cost variation author-
ized by law, the total cost of all projects carried out under section 
2201 of this Act may not exceed the sum of the following: 
(1) The total amount authorized to be appropriated under 
paragraphs (1) and (2) of subsection (a). 
(2) $100,000,000 (the balance of the amount authorized 
under section 2201(a) for Ship Repair Pier Replacement at 
the Norfolk Naval Shipyard, Virginia). 
(3) $40,000,000 (the balance of the amount authorized 
under section 2201(b) for wharves improvements, Apra Harbor, 
Guam). 
(4) $41,520,000 (the balance of the amount authorized 
under section 2201(a) for Enclave Fencing/Parking at Brem-
erton, Washington). 
(5) $94,100,000 (the balance of the amount authorized 
under section 2201(b) for north ramp parking at Andersen 
Air Force Base, Guam). 
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123 STAT. 2636 
PUBLIC LAW 111–84—OCT. 28, 2009 
(6) $79,780,000 (the balance of the amount authorized 
under section 2201(b) for north ramp utilities at Andersen 
Air Force Base, Guam). 
SEC. 2205. MODIFICATION AND EXTENSION OF AUTHORITY TO CARRY 
OUT CERTAIN FISCAL YEAR 2006 PROJECT. 
(a) MODIFICATION.—The table in section 2201(a) of the Military 
Construction Authorization Act for Fiscal Year 2006 (division B 
of Public Law 109–163; 119 Stat. 3490) is amended in the item 
relating to Naval Submarine Base, Bangor, Washington, by striking 
‘‘$60,160,000’’ and inserting ‘‘$127,163,000’’. 
(b) CONFORMING AMENDMENT.—Section 2204(b) of that Act (119 
Stat. 3492) is amended by adding at the end the following new 
paragraph: 
‘‘(11) $67,003,000 (the balance of the amount authorized 
under section 2201(a) for construction of a waterfront security 
enclave at Naval Submarine Base, Bangor, Washington).’’. 
(c) EXTENSION.—Notwithstanding section 2701 of the Military 
Construction Authorization Act for Fiscal Year 2006 (division B 
of Public Law 109–163; 119 Stat. 3501), the authorization relating 
to enclave fencing/parking at Naval Submarine Base, Bangor, Wash-
ington (formerly referred to as a project at Naval Submarine Base, 
Bangor, Washington), as provided in section 2201 of that Act, shall 
remain in effect until October 1, 2012, or the date of the enactment 
of an Act authorizing funds for military construction for fiscal 
year 2013, whichever is later. 
TITLE XXIII—AIR FORCE 
Sec. 2301. Authorized Air Force construction and land acquisition projects. 
Sec. 2302. Family housing. 
Sec. 2303. Improvements to military family housing units. 
Sec. 2304. Authorization of appropriations, Air Force. 
Sec. 2305. Termination of authority to carry out certain fiscal year 2009 Air Force 
project. 
Sec. 2306. Extension of authorizations of certain fiscal year 2007 projects. 
Sec. 2307. Extension of authorizations of certain fiscal year 2006 projects. 
Sec. 2308. Conveyance to Indian tribes of certain housing units. 
SEC. 2301. AUTHORIZED AIR FORCE CONSTRUCTION AND LAND 
ACQUISITION PROJECTS. 
(a) INSIDE THE UNITED STATES.—Using amounts appropriated 
pursuant to the authorization of appropriations in section 2304(1), 
the Secretary of the Air Force may acquire real property and 
carry out military construction projects for the installations or 
locations inside the United States, and in the amounts, set forth 
in the following table: 
Air Force: Inside the United States 
State 
Installation or Location 
Amount 
Alaska .........................................
Clear Air Force Station ..........................
$24,300,000 
Eielson Air Force Base ...........................
$13,350,000 
Elmendorf Air Force Base ......................
$15,700,000 
Arizona ........................................
Davis-Monthan Air Force Base .............
$41,900,000 
Arkansas .....................................
Little Rock Air Force Base .....................
$16,200,000 
California ....................................
Los Angeles Air Force Base ...................
$8,000,000 
Travis Air Force Base ............................
$12,900,000 
Vandenberg Air Force Base ...................
$13,000,000 
Colorado ......................................
Peterson Air Force Base .........................
$32,300,000 
Termination 
date. 
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123 STAT. 2637 
PUBLIC LAW 111–84—OCT. 28, 2009 
Air Force: Inside the United States—Continued 
State 
Installation or Location 
Amount 
United States Air Force Academy .........
$17,500,000 
Delaware .....................................
Dover Air Force Base .............................
$24,900,000 
Florida ........................................
Eglin Air Force Base ..............................
$84,360,000 
Hurlburt Field .........................................
$19,900,000 
MacDill Air Force Base ..........................
$59,300,000 
Patrick Air Force Base ...........................
$8,400,000 
Georgia ........................................
Moody Air Force Base ............................
$10,000,000 
Warner Robins Air Force Base ..............
$6,200,000 
Hawaii .........................................
Hickam Air Force Base ..........................
$4,000,000 
Wheeler Air Force Base .........................
$15,000,000 
Idaho ...........................................
Mountain Home Air Force Base ............
$20,000,000 
Illinois .........................................
Scott Air Force Base ...............................
$7,400,000 
Louisiana ....................................
Barksdale Air Force Base ......................
$12,800,000 
Maryland ....................................
Andrews Air Force Base ........................
$9,300,000 
Mississippi ..................................
Columbus Air Force Base ......................
$9,800,000 
Missouri ......................................
Whiteman Air Force Base ......................
$12,900,000 
Montana ......................................
Malstrom Air Force Base .......................
$10,600,000 
Nebraska ....................................
Offutt Air Force Base .............................
$10,400,000 
Nevada ........................................
Creech Air Force Base ............................
$2,700,000 
New Jersey .................................
McGuire Air Force Base .........................
$7,900,000 
New Mexico ................................
Cannon Air Force Base ..........................
$15,000,000 
Holloman Air Force Base .......................
$53,400,000 
Kirtland Air Force Base .........................
$22,500,000 
North Carolina ...........................
Pope Air Force Base ...............................
$9,000,000 
......................................................
Seymour Johnson Air Force Base .........
$6,900,000 
North Dakota .............................
Grand Forks Air Force Base ..................
$12,000,000 
......................................................
Minot Air Force Base .............................
$11,500,000 
Ohio .............................................
Wright-Patterson Air Force Base ..........
$58,600,000 
Oklahoma ...................................
Altus Air Force Base ..............................
$20,300,000 
Tinker Air Force Base ............................
$18,237,000 
Vance Air Force Base .............................
$10,700,000 
South Carolina ...........................
Shaw Air Force Base ..............................
$21,183,000 
South Dakota .............................
Ellsworth Air Force Base .......................
$14,500,000 
Texas ...........................................
Dyess Air Force Base .............................
$4,500,000 
Goodfellow Air Force Base .....................
$44,400,000 
Lackland Air Force Base ........................
$113,879,000 
Sheppard Air Force Base .......................
$13,450,000 
Utah ............................................
Hill Air Force Base .................................
$26,153,000 
Virginia .......................................
Langley Air Force Base ..........................
$10,000,000 
Washington .................................
Fairchild Air Force Base ........................
$15,150,000 
Wyoming .....................................
F. E. Warren Air Force Base .................
$9,100,000 
(b) OUTSIDE THE UNITED STATES.—Using amounts appropriated 
pursuant to the authorization of appropriations in section 2304(2), 
the Secretary of the Air Force may acquire real property and 
carry out military construction projects for the installations or 
locations outside the United States, and in the amounts, set forth 
in the following table: 
Air Force: Outside the United States 
Country 
Installation or Location 
Amount 
Afghanistan ..............................
Bagram Air Base .............................................
$22,000,000 
Colombia ..................................
Palanquero Air Base .......................................
$46,000,000 
Germany ...................................
Ramstein Air Base ..........................................
$34,700,000 
Spangdahlem Air Base ...................................
$23,500,000 
Guam ........................................
Andersen Air Force Base ................................
$61,702,000 
Italy ..........................................
Naval Air Station Sigonella ...........................
$31,300,000 
Qatar ........................................
Al Udeid Air Base ...........................................
$60,000,000 
Turkey ......................................
Incirlik Air Base ..............................................
$9,200,000 
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123 STAT. 2638 
PUBLIC LAW 111–84—OCT. 28, 2009 
SEC. 2302. FAMILY HOUSING. 
Using amounts appropriated pursuant to the authorization of 
appropriations in section 2304(5)(A), the Secretary of the Air Force 
may carry out architectural and engineering services and construc-
tion design activities with respect to the construction or improve-
ment of family housing units in an amount not to exceed $4,314,000. 
SEC. 2303. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS. 
Subject to section 2825 of title 10, United States Code, and 
using amounts appropriated pursuant to the authorization of appro-
priations in section 2304(5)(A), the Secretary of the Air Force may 
improve existing military family housing units in an amount not 
to exceed $61,737,000. 
SEC. 2304. AUTHORIZATION OF APPROPRIATIONS, AIR FORCE. 
Funds are hereby authorized to be appropriated for fiscal years 
beginning after September 30, 2009, for military construction, land 
acquisition, and military family housing functions of the Depart-
ment of the Air Force in the total amount of $1,984,963,000, as 
follows: 
(1) For military construction projects inside the United 
States authorized by section 2301(a), $1,003,962,000. 
(2) For military construction projects outside the United 
States authorized by section 2301(b), $288,402,000. 
(3) For unspecified minor military construction projects 
authorized by section 2805 of title 10, United States Code, 
$20,000,000. 
(4) For architectural and engineering services and construc-
tion design under section 2807 of title 10, United States Code, 
$103,562,000. 
(5) For military family housing functions: 
(A) For construction and acquisition, planning and 
design, and improvement of military family housing and 
facilities, $66,101,000. 
(B) For support of military family housing (including 
functions described in section 2833 of title 10, United States 
Code), $502,936,000. 
SEC. 2305. TERMINATION OF AUTHORITY TO CARRY OUT CERTAIN 
FISCAL YEAR 2009 AIR FORCE PROJECT. 
(a) TERMINATION.—The table in section 2301(c) of the Military 
Construction Authorization Act for Fiscal Year 2009 (division B 
of Public Law 110–417; 122 Stat. 4682) is amended in the item 
relating 
to 
Unspecified 
Worldwide 
Locations 
by 
striking 
‘‘$38,391,000’’ in the amount column and inserting ‘‘$891,000’’. 
(b) CONFORMING AMENDMENTS.—Section 2304 of that Act (122 
Stat. 4683) is amended— 
(1) in the matter preceding paragraph (1), by striking 
‘‘$2,108,090,000’’ and inserting ‘‘$2,070,590,000’’; and 
(2) in paragraph (3), by striking ‘‘$38,391,000’’ and inserting 
‘‘$891,000’’. 
SEC. 2306. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR 
2007 PROJECTS. 
(a) EXTENSION.—Notwithstanding section 2701 of the Military 
Construction Authorization Act for Fiscal Year 2007 (division B 
of Public Law 109–364; 120 Stat. 2463), authorizations set forth 
in the table in subsection (b), as provided in sections 2301 and 
Termination 
date. 
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123 STAT. 2639 
PUBLIC LAW 111–84—OCT. 28, 2009 
2302 of that Act, shall remain in effect until October 1, 2010, 
or the date of the enactment of an Act authorizing funds for military 
construction for fiscal year 2011, whichever is later. 
(b) TABLE.—The table referred to in subsection (a) is as follows: 
Air Force: Extension of 2007 Project Authorizations 
State/Coun-
try 
Installation or 
Location 
Project 
Amount 
Delaware ........
Dover Air Force 
Base ...................
C–17 Aircrew Life Sup-
port ................................
$7,400,000 
Idaho ..............
Mountain Home 
Air Force Base ..
Replace Family Housing 
(457 units) ....................
$107,800,000 
SEC. 2307. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR 
2006 PROJECTS. 
(a) EXTENSION.—Notwithstanding section 2701 of the Military 
Construction Authorization Act for Fiscal Year 2006 (division B 
of Public Law 109–163; 119 Stat. 3501), authorizations set forth 
in the table in subsection (b), as provided in section 2302 of that 
Act (119 Stat. 3495) and extended by section 2305 of the Military 
Construction Authorization Act for Fiscal Year 2009 (division B 
of Public Law 110–417; 122 Stat. 4684), shall remain in effect 
until October 1, 2010, or the date of the enactment of an Act 
authorizing funds for military construction for fiscal year 2011, 
whichever is later. 
(b) TABLE.—The table referred to in subsection (a) is as follows: 
Air Force: Extension of 2006 Project Authorizations 
State 
Installation or Loca-
tion 
Project 
Amount 
Alaska .............
Eielson Air Force Base 
Replace Family 
Housing (92 units) 
$37,650,000 
Eielson Air Force Base 
Purchase Build/ 
Lease Housing 
(300 units) ............
$18,144,000 
North Dakota
Grand Forks Air Force 
Base ...........................
Replace Family 
Housing (150 
units) ....................
$43,353,000 
SEC. 2308. CONVEYANCE TO INDIAN TRIBES OF CERTAIN HOUSING 
UNITS. 
(a) DEFINITIONS.—In this section: 
(1) EXECUTIVE DIRECTOR.—The term ‘‘Executive Director’’ 
means the Executive Director of Walking Shield, Inc. 
(2) INDIAN
TRIBE.—The term ‘‘Indian tribe’’ means any 
Indian tribe included on the list published by the Secretary 
of the Interior under section 104 of the Federally Recognized 
Indian Tribe List Act of 1994 (25 U.S.C.479a–1). 
(b) REQUESTS FOR CONVEYANCE.— 
(1) IN GENERAL.—The Executive Director may submit to 
the Secretary of the Air Force, on behalf of any Indian tribe 
Termination 
date. 
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123 STAT. 2640 
PUBLIC LAW 111–84—OCT. 28, 2009 
located in the State of Idaho, Nevada, North Dakota, Oregon, 
South Dakota, Montana, or Minnesota, a request for conveyance 
of any relocatable military housing unit located at Grand Forks 
Air Force Base, Minot Air Force Base, Malmstrom Air Force 
Base, Ellsworth Air Force Base, or Mountain Home Air Force 
Base. 
(2) CONFLICTS.—The Executive Director shall resolve any 
conflict among requests of Indian tribes for housing units 
described in paragraph (1) before submitting a request to the 
Secretary of the Air Force under this subsection. 
(c) CONVEYANCE BY SECRETARY.—Notwithstanding any other 
provision of law, on receipt of a request under subsection (b)(1), 
the Secretary of the Air Force may convey to the Indian tribe 
that is the subject of the request, at no cost to the Air Force 
and without consideration, any relocatable military housing unit 
described in subsection (b)(1) that, as determined by the Secretary, 
is in excess of the needs of the military. 
TITLE XXIV—DEFENSE AGENCIES 
Subtitle A—Defense Agency Authorizations 
Sec. 2401. Authorized Defense Agencies construction and land acquisition projects. 
Sec. 2402. Family Housing. 
Sec. 2403. Energy conservation projects. 
Sec. 2404. Authorization of appropriations, Defense Agencies. 
Sec. 2405. Termination or modification of authority to carry out certain fiscal year 
2009 projects. 
Sec. 2406. Modification of authority to carry out certain fiscal year 2008 project. 
Sec. 2407. Extension of authorizations of certain fiscal year 2007 project. 
Subtitle B—Chemical Demilitarization Authorizations 
Sec. 2411. Authorization of appropriations, chemical demilitarization construction, 
defense-wide. 
Subtitle A—Defense Agency Authorizations 
SEC. 2401. AUTHORIZED DEFENSE AGENCIES CONSTRUCTION AND 
LAND ACQUISITION PROJECTS. 
(a) INSIDE THE UNITED STATES.—Using amounts appropriated 
pursuant to the authorization of appropriations in section 
2404(a)(1), the Secretary of Defense may acquire real property 
and carry out military construction projects for the installations 
or locations inside the United States, and in the amounts, set 
forth in the following tables: 
Defense Education Activity 
State 
Installation or Location 
Amount 
Georgia .......................
Fort Benning .............................................
$2,330,000 
Fort Stewart/Hunter Army Air Field ......
$22,501,000 
North Carolina ...........
Fort Bragg .................................................
$3,439,000 
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123 STAT. 2641 
PUBLIC LAW 111–84—OCT. 28, 2009 
Defense Information Systems Agency 
State 
Installation or Location 
Amount 
Hawaii ........................
Naval Station Pearl Harbor, Ford Island 
$9,633,000 
Defense Logistics Agency 
State 
Installation or Location 
Amount 
California ....................
El Centro ...................................................
$11,000,000 
Travis Air Force Base ..............................
$15,357,000 
Florida ........................
Jacksonville International Airport (Air 
National Guard).
$11,500,000 
Minnesota ...................
Duluth International Airport (Air Na-
tional Guard).
$15,000,000 
Oklahoma ...................
Altus Air Force Base ................................
$2,700,000 
Texas ...........................
Fort Hood ..................................................
$3,000,000 
Washington ................
Fairchild Air Force Base ..........................
$7,500,000 
Missile Defense Agency 
State 
Installation or Location 
Amount 
Alabama .....................
Redstone Arsenal ......................................
$12,000,000 
Virginia .......................
Naval Support Facility, Dahlgren ...........
$24,500,000 
National Security Agency 
State 
Installation or Location 
Amount 
Maryland ...............
Fort Meade .....................................
$203,800,000 
Special Operations Command 
State 
Installation or Location 
Amount 
California ...............
Naval Amphibious Base, Coro-
nado.
$15,722,000 
Colorado .................
Fort Carson ....................................
$48,246,000 
Florida ...................
Eglin Air Force Base .....................
$3,046,000 
Hurlburt Field ................................
$8,156,000 
Georgia ..................
Fort Benning ..................................
$3,046,000 
Kentucky ...............
Fort Campbell ................................
$39,135,000 
New Mexico ...........
Cannon Air Force Base .................
$58,864,000 
North Carolina ......
Fort Bragg ......................................
$101,488,000 
Marine 
Corps 
Base, 
Camp 
Lejeune.
$11,791,000 
Virginia ..................
Naval Amphibious Base, Little 
Creek.
$18,669,000 
Washington ...........
Fort Lewis ......................................
$14,500,000 
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123 STAT. 2642 
PUBLIC LAW 111–84—OCT. 28, 2009 
TRICARE Management Activity 
State 
Installation or Location 
Amount 
Alaska ....................
Elmendorf Air Force Base .............
$25,017,000 
Fort Richardson .............................
$3,518,000 
Colorado .................
Fort Carson ....................................
$31,900,000 
Georgia ..................
Fort Benning ..................................
$17,200,000 
Fort Stewart/Hunter Army Field
$22,200,000 
Kentucky ...............
Fort Campbell ................................
$8,600,000 
Maryland ...............
Fort Detrick ....................................
$29,807,000 
Missouri .................
Fort Leonard Wood ........................
$5,570,000 
North Carolina ......
Fort Bragg ......................................
$57,658,000 
Oklahoma ..............
Fort Sill ..........................................
$10,554,000 
Texas ......................
Lackland Air Force Base ...............
$101,928,000 
Fort Bliss ........................................
$990,600,000 
Washington ...........
Fort Lewis ......................................
$15,636,000 
Washington Headquarters Services 
State 
Installation or Location 
Amount 
Virginia ..................
Pentagon Reservation ....................
$27,672,000 
(b) OUTSIDE THE UNITED STATES.—Using amounts appropriated 
pursuant to the authorization of appropriations in section 
2404(a)(2), the Secretary of Defense may acquire real property 
and carry out military construction projects for the installations 
or locations outside the United States, and in the amounts, set 
forth in the following tables: 
Defense Education Activity 
Country 
Installation or Location 
Amount 
Belgium ......................
Brussels .....................................................
$38,124,000 
Germany .....................
Boeblingen .................................................
$50,000,000 
Kaiserslautern ..........................................
$93,545,000 
Wiesbaden Air Base .................................
$5,379,000 
United Kingdom .........
Royal Air Force Lakenheath ....................
$4,509,000 
Defense Intelligence Agency 
Country 
Installation or Location 
Amount 
Korea ..........................
K–16 Airfield .............................................
$5,050,000 
Defense Logistics Agency 
Country 
Installation or Location 
Amount 
Cuba .......................
Naval Air Station, Guantanamo 
Bay.
$12,500,000 
Greece ....................
Souda Bay ......................................
$24,000,000 
Guam .....................
Naval Air Station, Agana ..............
$4,900,000 
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123 STAT. 2643 
PUBLIC LAW 111–84—OCT. 28, 2009 
Defense Logistics Agency—Continued 
Country 
Installation or Location 
Amount 
Korea .....................
Osan Air Base ................................
$28,000,000 
United Kingdom ....
Royal Air Force Mildenhall ...........
$4,700,000 
National Security Agency 
Country 
Installation or Location 
Amount 
United Kingdom ....
Royal Air Force Menwith Hill Sta-
tion.
$37,588,000 
North Atlantic Treaty Organization 
State 
Installation or Location 
Amount 
Belgium .................
NATO Headquarters .....................
$41,400,000 
TRICARE Management Activity 
Country 
Installation or Location 
Amount 
Guam .....................
Naval Activities, Guam .................
$446,450,000 
United Kingdom ....
Royal Air Force Alconbury ............
$14,227,000 
SEC. 2402. FAMILY HOUSING. 
Using amounts appropriated pursuant to the authorization of 
appropriations in section 2404(a)(7), the Secretary of Defense may 
construct or acquire family housing units (including land acquisition 
and supporting facilities) at the installation, in the number of 
units, and in the amount set forth in the following table: 
Defense Logistics Agency: Family Housing 
State 
Location 
Units 
Amount 
Pennsylvania
Cumberland Depot .........
6 ................
$2,859,000 
SEC. 2403. ENERGY CONSERVATION PROJECTS. 
Using amounts appropriated pursuant to the authorization of 
appropriations in section 2404(a)(6), the Secretary of Defense may 
carry out energy conservation projects under chapter 173 of title 
10, United States Code, in the amount of $123,013,000. 
SEC. 2404. AUTHORIZATION OF APPROPRIATIONS, DEFENSE AGENCIES. 
(a) IN GENERAL.—Funds are hereby authorized to be appro-
priated for fiscal years beginning after September 30, 2009, for 
military construction, land acquisition, and military family housing 
functions of the Department of Defense (other than the military 
departments) in the total amount of $3,177,496,000, as follows: 
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123 STAT. 2644 
PUBLIC LAW 111–84—OCT. 28, 2009 
(1) For military construction projects inside the United 
States authorized by section 2401(a), $1,048,783,000. 
(2) For military construction projects outside the United 
States authorized by section 2401(b), $188,762,000. 
(3) For unspecified minor military construction projects 
under section 2805 of title 10, United States Code, $33,025,000. 
(4) For contingency construction projects of the Secretary 
of Defense under section 2804 of title 10, United States Code, 
$10,000,000. 
(5) For architectural and engineering services and construc-
tion design under section 2807 of title 10, United States Code, 
$121,442,000. 
(6) For energy conservation projects under chapter 173 
of title 10, United States Code, $123,013,000. 
(7) For military family housing functions: 
(A) For support of military family housing (including 
functions described in section 2833 of title 10, United States 
Code), $49,214,000. 
(B) For construction and acquisition of military family 
housing and facilities, $2,859,000. 
(C) For credits to the Department of Defense Family 
Housing Improvement Fund under section 2883 of title 
10, United States Code, and the Homeowners Assistance 
Fund established under section 1013 of the Demonstration 
Cities and Metropolitan Development Act of 1966 (42 
U.S.C. 3374), $302,600,000. 
(8) For the construction of increment 4 of the Army Medical 
Research Institute of Infectious Diseases Stage 1 at Fort 
Detrick, Maryland, authorized by section 2401(a) of the Military 
Construction Authorization Act of Fiscal Year 2007 (division 
B of Public Law 109–364; 120 Stat. 2457), $108,000,000. 
(9) For the construction of increment 2 of replacement 
fuel storage facilities at Point Loma Annex, California, author-
ized by section 2401(a) of the Military Construction Authoriza-
tion Act of Fiscal Year 2008 (division B of Public Law 110– 
181; 122 Stat. 521), as amended by section 2406 of this Act, 
$92,300,000. 
(10) For the construction of increment 3 of a special oper-
ations facility at Dam Neck, Virginia, authorized by section 
2401(a) of the Military Construction Authorization Act of Fiscal 
Year 2008 (division B of Public Law 110–181; 122 Stat. 521), 
$15,967,000. 
(11) For the construction of increment 2 of the United 
States Army Medical Research Institute of Chemical Defense 
replacement facility at Aberdeen Proving Ground, Maryland, 
authorized by section 2401(a) of the Military Construction 
Authorization Act of Fiscal Year 2009 (division B of Public 
Law 110–417 122 Stat. 4689), $111,400,000. 
(12) For the construction of fuel storage tanks and pipeline 
replacement at Souda Bay, Greece, authorized by section 
2401(b) of the Military Construction Authorization Act of Fiscal 
Year 2009 (division B of Public Law 110–417; 122 Stat. 4691), 
as amended by section 2405 of this Act, $24,000,000. 
(13) For the construction of increment 2 of a National 
Security Agency data center at Camp Williams, Utah, author-
ized as a Military Construction, Defense-Wide project by the 
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123 STAT. 2645 
PUBLIC LAW 111–84—OCT. 28, 2009 
Supplemental Appropriations Act, 2009 (Public Law 111–32; 
123 Stat. 1888), $600,000,000. 
(14) For the construction of the first increment of a hospital 
at Fort Bliss, Texas, authorized by section 2401(a), $86,975,000. 
(15) For the construction of the first increment of a hospital 
at Naval Activities, Guam, authorized by section 2401(b), 
$259,156,000. 
(b) LIMITATION ON TOTAL COST OF CONSTRUCTION PROJECTS.— 
Notwithstanding the cost variations authorized by section 2853 
of title 10, United States Code, and any other cost variation author-
ized by law, the total cost of all projects carried out under section 
2401 of this Act may not exceed the sum of the following: 
(1) The total amount authorized to be appropriated under 
paragraphs (1) and (2) of subsection (a). 
(2) $187,294,000 (the balance of the amount authorized 
by section 2401(b) for the hospital replacement, Guam). 
(3) $820,000,000 (the balance of the amount authorized 
in the Supplemental Appropriations Act, 2009 (Public Law 111– 
32) for the Utah Data Center, Camp Williams, Utah). 
(4) $879,025,000 (the balance of the amount authorized 
by section 2401(a) for the hospital replacement phase I, Fort 
Bliss, Texas). 
(5) $290,000,000 (the balance of the amount authorized 
by section 2401(a) of the Military Construction Authorization 
Act for Fiscal Year 2009 (division B of Public Law 110–417; 
122 Stat. 4689) for the USAMRIID replacement facility at 
Aberdeen Proving Ground, Maryland). 
(6) $47,000,000 (the balance of the amount authorized by 
section 2401(a) of the Military Construction Authorization Act 
for Fiscal Year 2008 (division B of Public Law 110–181; 122 
Stat. 521), as modified by section 2406(a) of this Act, for the 
replacement of fuel storage facilities at Point Loma Annex, 
California). 
(c) AVAILABILITY
OF
FUNDS
FOR
ENERGY
CONSERVATION 
PROJECTS OF RESERVE COMPONENTS.—Of the amount authorized 
to be appropriated by subsection (a)(6) for energy conservation 
projects under chapter 173 of title 10, United States Code, the 
Secretary of Defense shall reserve a portion of the amount for 
energy conservation projects for the reserve components in an 
amount that is not less than an amount that bears the same 
proportion to the total amount authorized to be appropriated as 
the total quantity of energy consumed by reserve facilities (as 
defined in section 18232(2) of such title) during fiscal year 2009 
bears to the total quantity of energy consumed by all military 
installations (as defined in section 2687(e)(1) of such title) during 
that fiscal year, as determined by the Secretary. 
SEC. 2405. TERMINATION OR MODIFICATION OF AUTHORITY TO CARRY 
OUT CERTAIN FISCAL YEAR 2009 PROJECTS. 
(a) TERMINATION.—Section 2401(b) of the Military Construction 
Authorization Act for Fiscal Year 2009 (division B of Public Law 
110–417; 122 Stat. 4690) is amended by striking the table relating 
to the Missile Defense Command. 
(b) MODIFICATION.—The table relating to the Defense Logistics 
Agency in such section is amended in the item relating to Souda 
Bay, Greece, by striking ‘‘$8,000,000’’ in the amount column and 
inserting ‘‘$32,000,000’’. 
122 Stat. 4691. 
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123 STAT. 2646 
PUBLIC LAW 111–84—OCT. 28, 2009 
(c) CONFORMING AMENDMENTS.—Section 2403 of that Act (122 
Stat. 4692) is amended— 
(1) in subsection (a)— 
(A) in the matter preceding paragraph (1), by striking 
‘‘$1,639,050,000’’ and inserting ‘‘$1,487,890,000’’; 
(B) in paragraph (2), by striking ‘‘$246,360,000’’ and 
inserting ‘‘$87,200,000’’; and 
(C) by adding at the end the following new paragraph: 
‘‘(11) For construction of the first increment of fuel storage 
tanks and pipeline replacement at Souda Bay, Greece, 
$8,000,000.’’; and 
(2) in subsection (b), by striking paragraphs (3) and (4) 
and inserting the following new paragraph: 
‘‘(3) $24,000,000 (the balance of the amount authorized 
for the Defense Logistics Agency under section 2401(b) for 
fuel storage tanks and pipeline replacement at Souda Bay, 
Greece).’’. 
SEC. 2406. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN 
FISCAL YEAR 2008 PROJECT. 
(a) MODIFICATION.—The table relating to the Defense Logistics 
Agency in section 2401 (a) of the Military Construction Authoriza-
tion Act for Fiscal Year 2008 (division B of Public Law 110–181; 
122 Stat. 521) is amended in the item relating to Point Loma 
Annex, California, by striking ‘‘$140,000,000’’ in the amount column 
and inserting ‘‘$195,000,000’’. 
(b) CONFORMING AMENDMENT.—Section 2403(b)(2) of that Act 
(122 Stat. 524) is amended by striking ‘‘$84,300,000’’ and inserting 
‘‘$139,300,000’’. 
SEC. 2407. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR 
2007 PROJECT. 
(a) EXTENSION.—Notwithstanding section 2701 of the Military 
Construction Authorization Act for Fiscal Year 2007 (division B 
of Public Law 109–364; 120 Stat. 2463), authorizations set forth 
in the table in subsection (b), as provided in section 2402 of that 
Act, shall remain in effect until October 1, 2010, or the date of 
the enactment of an Act authorizing funds for military construction 
for fiscal year 2011, whichever is later. 
(b) TABLE.—The table referred to in subsection (a) is as follows: 
Defense Logistics Agency: Family Housing 
State 
Location 
Units 
Amount 
Virginia ..........
Defense Supply Center, 
Richmond.
Whole 
House 
Renova-
tion.
$484,000 
Termination 
date. 
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123 STAT. 2647 
PUBLIC LAW 111–84—OCT. 28, 2009 
Subtitle B—Chemical Demilitarization 
Authorizations 
SEC. 2411. AUTHORIZATION OF APPROPRIATIONS, CHEMICAL DEMILI-
TARIZATION CONSTRUCTION, DEFENSE-WIDE. 
Funds are hereby authorized to be appropriated for fiscal years 
beginning after September 30, 2009, for military construction and 
land acquisition for chemical demilitarization in the total amount 
of $151,541,000 as follows: 
(1) For the construction of phase 11 of a chemical munitions 
demilitarization facility at Pueblo Chemical Activity, Colorado, 
authorized by section 2401(a) of the Military Construction 
Authorization Act for Fiscal Year 1997 (division B of Public 
Law 104–201; 110 Stat. 2775), as amended by section 2406 
of the Military Construction Authorization Act for Fiscal Year 
2000 (division B of Public Law 106–65; 113 Stat. 839), section 
2407 of the Military Construction Authorization Act for Fiscal 
Year 2003 (division B of Public Law 107–314; 116 Stat. 2698), 
and section 2413 of the Military Construction Authorization 
Act for Fiscal Year 2009 (division B of Public Law 110–417; 
122 Stat. 4697), $92,500,000. 
(2) For the construction of phase 10 of a munitions demili-
tarization facility at Blue Grass Army Depot, Kentucky, author-
ized by section 2401(a) of the Military Construction Authoriza-
tion Act for Fiscal Year 2000 (division B of Public Law 106– 
65; 113 Stat. 835), as amended by section 2405 of the Military 
Construction Authorization Act for Fiscal Year 2002 (division 
B of Public Law 107–107; 115 Stat. 1298), section 2405 of 
the Military Construction Authorization Act for Fiscal Year 
2003 (division B of Public Law 107–314; 116 Stat. 2698), and 
section 2414 of the Military Construction Authorization Act 
for Fiscal Year 2009 (division B of Public Law 110–417; 122 
Stat. 4697), $59,041,000. 
TITLE XXV—NORTH ATLANTIC TREATY 
ORGANIZATION 
SECURITY 
INVEST-
MENT PROGRAM 
Sec. 2501. Authorized NATO construction and land acquisition projects. 
Sec. 2502. Authorization of appropriations, NATO. 
SEC. 2501. AUTHORIZED NATO CONSTRUCTION AND LAND ACQUISI-
TION PROJECTS. 
The Secretary of Defense may make contributions for the North 
Atlantic Treaty Organization Security Investment Program as pro-
vided in section 2806 of title 10, United States Code, in an amount 
not to exceed the sum of the amount authorized to be appropriated 
for this purpose in section 2502 and the amount collected from 
the North Atlantic Treaty Organization as a result of construction 
previously financed by the United States. 
SEC. 2502. AUTHORIZATION OF APPROPRIATIONS, NATO. 
Funds are hereby authorized to be appropriated for fiscal years 
beginning after September 30, 2009, for contributions by the Sec-
retary of Defense under section 2806 of title 10, United States 
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123 STAT. 2648 
PUBLIC LAW 111–84—OCT. 28, 2009 
Code, for the share of the United States of the cost of projects 
for the North Atlantic Treaty Organization Security Investment 
Program authorized by section 2501, in the amount of $197,414,000. 
TITLE XXVI—GUARD AND RESERVE 
FORCES FACILITIES 
Sec. 2601. Authorized Army National Guard construction and land acquisition 
projects. 
Sec. 2602. Authorized Army Reserve construction and land acquisition projects. 
Sec. 2603. Authorized Navy Reserve and Marine Corps Reserve construction and 
land acquisition projects. 
Sec. 2604. Authorized Air National Guard construction and land acquisition 
projects. 
Sec. 2605. Authorized Air Force Reserve construction and land acquisition projects. 
Sec. 2606. Authorization of appropriations, National Guard and Reserve. 
Sec. 2607. Extension of authorizations of certain fiscal year 2007 projects. 
Sec. 2608. Extension of authorizations of certain fiscal year 2006 project. 
SEC. 2601. AUTHORIZED ARMY NATIONAL GUARD CONSTRUCTION AND 
LAND ACQUISITION PROJECTS. 
(a) INSIDE THE UNITED STATES.—Using amounts appropriated 
pursuant to the authorization of appropriations in section 
2606(a)(1), the Secretary of the Army may acquire real property 
and carry out military construction projects for the Army National 
Guard locations inside the United States, and in the amounts, 
set forth in the following table: 
Army National Guard: Inside the United States 
State 
Location 
Amount 
Alabama ...................................
Fort McClellan ..................................................
$3,000,000 
Arizona .....................................
Camp Navajo .....................................................
$3,000,000 
California ..................................
Los Alamitos Joint Forces Training Base .......
$31,000,000 
Georgia .....................................
Fort Benning .....................................................
$15,500,000 
Hunter Army Air Field .....................................
$8,967,000 
Idaho .........................................
Gowen Field .......................................................
$16,100,000 
Illinois .......................................
Milan ..................................................................
$5,600,000 
Indiana .....................................
Muscatatuck Urban Training Center ..............
$10,100,000 
Iowa ..........................................
Camp Dodge ......................................................
$4,000,000 
Kansas ......................................
Salina Army National Guard Aviation Facil-
ity.
$2,227,000 
Massachusetts ..........................
Hanscom Air Force Base ..................................
$29,000,000 
Michigan ...................................
Fort Custer ........................................................
$7,732,000 
Minnesota .................................
Arden Hills Army Training Site ......................
$6,700,000 
Camp Ripley ......................................................
$1,710,000 
Mississippi ................................
Camp Shelby .....................................................
$16,100,000 
Monticello ..........................................................
$14,350,000 
Missouri ....................................
Boonville ............................................................
$1,800,000 
Nebraska ..................................
Lincoln Municipal Airport ................................
$23,000,000 
Nevada ......................................
Carson City ........................................................
$2,000,000 
North Las Vegas ...............................................
$26,000,000 
New Mexico ..............................
Santa Fe ............................................................
$39,000,000 
North Carolina .........................
East Flat Rock ...................................................
$2,516,000 
Fort Bragg .........................................................
$6,038,000 
Oregon ......................................
Clatsop County ..................................................
$3,369,000 
Polk County .......................................................
$12,100,000 
South Carolina .........................
Eastover .............................................................
$26,000,000 
Greenville ..........................................................
$40,000,000 
South Dakota ...........................
Camp Rapid .......................................................
$9,840,000 
Texas .........................................
Austin ................................................................
$22,200,000 
Vermont ....................................
Ethan Allen Firing Range ................................
$1,996,000 
Virginia .....................................
Fort Pickett .......................................................
$32,000,000 
West Virginia ...........................
St. Albans Armory ............................................
$2,000,000 
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123 STAT. 2649 
PUBLIC LAW 111–84—OCT. 28, 2009 
(b) OUTSIDE THE UNITED STATES.—Using amounts appropriated 
pursuant to the authorization of appropriations in section 
2606(a)(1), the Secretary of the Army may acquire real property 
and carry out military construction projects for the Army National 
Guard locations outside the United States, and in the amounts, 
set forth in the following table: 
Army National Guard: Outside the United States 
Country 
Location 
Amount 
Guam ........................................
Barrigada ...........................................................
$30,000,000 
Virgin Islands ..........................
St. Croix .............................................................
$20,000,000 
(c) UNSPECIFIED WORLDWIDE.—Using the amounts appropriated 
pursuant to the authorization of appropriations in section 
2606(a)(1), the Secretary of the Army may acquire real property 
and carry out military construction projects for unspecified installa-
tions or locations in the amounts set forth in the following table: 
Army National Guard 
Location 
Location or Installation 
Amount 
Worldwide Unspecified ............
Unspecified Worldwide Locations ....................
$30,000,000 
SEC. 2602. AUTHORIZED ARMY RESERVE CONSTRUCTION AND LAND 
ACQUISITION PROJECTS. 
(a) INSIDE THE UNITED STATES.—Using amounts appropriated 
pursuant to the authorization of appropriations in section 
2606(a)(2), the Secretary of the Army may acquire real property 
and carry out military construction projects for the Army Reserve 
locations inside the United States, and in the amounts, set forth 
in the following table: 
Army Reserve: Inside the United States 
State 
Location 
Amount 
California .....................
Camp Pendleton ......................................
$19,500,000 
Los Angeles ..............................................
$29,000,000 
Colorado 
Colorado Springs .....................................
$13,000,000 
Connecticut .................
Bridgeport ................................................
$18,500,000 
Florida .........................
Panama City ............................................
$7,300,000 
West Palm Beach .....................................
$26,000,000 
Georgia ........................
Atlanta ......................................................
$14,000,000 
Illinois ..........................
Chicago .....................................................
$23,000,000 
Minnesota ....................
Fort Snelling ............................................
$12,000,000 
New York .....................
Rochester ..................................................
$13,600,000 
Ohio .............................
Cincinnati .................................................
$13,000,000 
Pennsylvania ...............
Ashley .......................................................
$9,800,000 
Harrisburg ................................................
$7,600,000 
Newton Square ........................................
$20,000,000 
Uniontown ................................................
$11,800,000 
Texas ............................
Austin .......................................................
$20,000,000 
Bryan ........................................................
$12,200,000 
Fort Bliss ..................................................
$9,500,000 
Houston ....................................................
$24,000,000 
Robstown ..................................................
$10,200,000 
San Antonio ..............................................
$20,000,000 
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123 STAT. 2650 
PUBLIC LAW 111–84—OCT. 28, 2009 
Army Reserve: Inside the United States—Continued 
State 
Location 
Amount 
Wisconsin ....................
Fort McCoy ...............................................
$28,550,000 
(b) OUTSIDE THE UNITED STATES.—Using amounts appropriated 
pursuant to the authorization of appropriations in section 
2606(a)(2), the Secretary of the Army may acquire real property 
and carry out military construction projects for the Army Reserve 
location outside the United States, and in the amount, set forth 
in the following table: 
Army Reserve: Outside the United States 
Country 
Location 
Amount 
Puerto Rico ...............................
Caguas .............................................................
$12,400,000 
(c) UNSPECIFIED WORLDWIDE.—Using the amounts appropriated 
pursuant to the authorization of appropriations in section 
2606(a)(2), the Secretary of the Army may acquire real property 
and carry out military construction projects for unspecified installa-
tions or locations in the amounts set forth in the following table: 
Army Reserve 
Location 
Location or Installation 
Amount 
Worldwide Unspecified ............
Unspecified Worldwide Locations ....................
$30,000,000 
SEC. 2603. AUTHORIZED NAVY RESERVE AND MARINE CORPS RESERVE 
CONSTRUCTION AND LAND ACQUISITION PROJECTS. 
(a) INSIDE THE UNITED STATES.—Using amounts appropriated 
pursuant to the authorization of appropriations in section 
2606(a)(3), the Secretary of the Navy may acquire real property 
and carry out military construction projects for the Navy Reserve 
and Marine Corps Reserve locations, and in the amounts, set forth 
in the following table: 
Navy Reserve and Marine Corps Reserve 
State 
Location 
Amount 
Arizona .....................................
Luke Air Force Base .........................................
$10,986,000 
California ..................................
Alameda .............................................................
$5,960,000 
Illinois .......................................
Joliet Army Ammunition Plant .......................
$7,957,000 
South Carolina .........................
Goose Creek .......................................................
$4,240,000 
Texas .........................................
San Antonio .......................................................
$2,210,000 
Fort Worth Naval Air Station Joint Reserve 
Base.
$6,170,000 
Virginia .....................................
Oceana Naval Air Station ................................
$30,400,000 
(b) UNSPECIFIED
WORLDWIDE.—Using the amounts appro-
priated pursuant to the authorization of appropriations in section 
2606(a)(3), the Secretary of the Navy may acquire real property 
and carry out military construction projects for unspecified installa-
tions or locations in the amounts set forth in the following table: 
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123 STAT. 2651 
PUBLIC LAW 111–84—OCT. 28, 2009 
Navy Reserve and Marine Corps Reserve 
Location 
Location or Installation 
Amount 
Worldwide Unspecified ............
Unspecified Worldwide Locations ....................
$55,000,000 
SEC. 2604. AUTHORIZED AIR NATIONAL GUARD CONSTRUCTION AND 
LAND ACQUISITION PROJECTS. 
(a) INSIDE THE UNITED STATES.—Using amounts appropriated 
pursuant to the authorization of appropriations in section 
2606(a)(4), the Secretary of the Air Force may acquire real property 
and carry out military construction projects for the Air National 
Guard locations, and in the amounts, set forth in the following 
table: 
Air National Guard 
State 
Location 
Amount 
Arizona .....................................
Davis-Monthan Air Force Base ........................
$5,600,000 
California ..................................
Fresno Yosemite International Airport ...........
$9,800,000 
South California Logistics Airport ..................
$8,400,000 
Colorado ....................................
Buckley Air National Guard Base ...................
$4,500,000 
Connecticut ..............................
Bradley International Airport ..........................
$9,000,000 
Hawaii ......................................
Hickam Air Force Base ....................................
$33,000,000 
Illinois .......................................
Lincoln Capital Airport ....................................
$3,000,000 
Iowa ..........................................
Des Moines ........................................................
$4,600,000 
Kansas ......................................
McConnell Air Force Base ................................
$8,700,000 
Maine ........................................
Bangor International Airport ...........................
$28,000,000 
Maryland ..................................
Andrews Air Force Base ...................................
$14,000,000 
Massachusetts ..........................
Barnes Air National Guard Base ....................
$8,100,000 
Otis Air National Guard Base .........................
$12,800,000 
Michigan ...................................
Alpena Combat Readiness Training Center ...
$8,900,000 
Battle Creek Air National Guard Base ...........
$14,000,000 
Selfridge Air National Guard Base .................
$7,100,000 
Minnesota .................................
Minnesota/St. 
Paul 
International 
Airport 
133rd Airlift Wing Base.
$1,900,000 
Mississippi ................................
Gulfport-Biloxi Regional Airport .....................
$6,500,000 
Missouri ....................................
Rosecrans Memorial Airport ............................
$9,300,000 
Nebraska ..................................
Lincoln Municipal Airport ................................
$1,500,000 
Nevada ......................................
Reno ...................................................................
$10,800,000 
New Hampshire .......................
Pease Air National Guard Base .......................
$10,000,000 
New Jersey ...............................
McGuire Air Force Base ...................................
$9,700,000 
New York ..................................
Wheeler Sack Army Airfield ............................
$2,700,000 
Ohio ..........................................
Mansfield Lahm Airport ...................................
$11,400,000 
Oklahoma .................................
Will Rogers World Airport ...............................
$7,300,000 
South Carolina .........................
McEntire Joint Air National Guard Base .......
$1,300,000 
South Dakota ...........................
Joe Foss Field ....................................................
$2,600,000 
Tennessee .................................
Memphis, 164th Airlift Wing ...........................
$9,800,000 
Texas .........................................
Kelly Field Annex .............................................
$7,900,000 
Vermont ....................................
Burlington International Airport .....................
$6,000,000 
West Virginia ...........................
Martinsburg .......................................................
$19,500,000 
Wisconsin .................................
General Mitchell International Airport ..........
$5,000,000 
Wyoming ...................................
Cheyenne Airport ..............................................
$1,500,000 
(b) UNSPECIFIED
WORLDWIDE.—Using the amounts appro-
priated pursuant to the authorization of appropriations in section 
2606(a)(4), the Secretary of the Air Force may acquire real property 
and carry out military construction projects for unspecified installa-
tions or locations in the amounts set forth in the following table: 
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123 STAT. 2652 
PUBLIC LAW 111–84—OCT. 28, 2009 
Air National Guard 
Location 
Location or Installation 
Amount 
Worldwide Unspecified ............
Unspecified Worldwide Locations ....................
$30,000,000 
SEC. 2605. AUTHORIZED AIR FORCE RESERVE CONSTRUCTION AND 
LAND ACQUISITION PROJECTS. 
(a) INSIDE THE UNITED STATES.—Using amounts appropriated 
pursuant to the authorization of appropriations in section 
2606(a)(5), the Secretary of the Air Force may acquire real property 
and carry out military construction projects for the Air Force 
Reserve locations, and in the amounts, set forth in the following 
table: 
Air Force Reserve 
State 
Location 
Amount 
California ..................................
March Air Reserve Base ...................................
$9,800,000 
Colorado ....................................
Schriever Air Force Base ..................................
$10,200,000 
Mississippi ................................
Keesler Air Force Base .....................................
$9,800,000 
New York ..................................
Niagara Falls Air Reserve Station ..................
$5,700,000 
Pennsylvania ............................
Pittsburgh Air Force Base ................................
$12,400,000 
Texas .........................................
Lackland Air Force Base ..................................
$1,500,000 
Utah ..........................................
Hill Air Force Base ...........................................
$3,200,000 
(b) UNSPECIFIED
WORLDWIDE.—Using the amounts appro-
priated pursuant to the authorization of appropriations in section 
2606(a)(5), the Secretary of the Air Force may acquire real property 
and carry out military construction projects for unspecified installa-
tions or locations in the amounts set forth in the following table: 
Air Force Reserve 
Location 
Location or Installation 
Amount 
Worldwide Unspecified ............
Unspecified Worldwide Locations ....................
$55,000,000 
SEC. 2606. AUTHORIZATION OF APPROPRIATIONS, NATIONAL GUARD 
AND RESERVE. 
(a) IN GENERAL.—Funds are hereby authorized to be appro-
priated for fiscal years beginning after September 30, 2009, for 
the costs of acquisition, architectural and engineering services, and 
construction of facilities for the Guard and Reserve Forces, and 
for contributions therefor, under chapter 1803 of title 10, United 
States Code (including the cost of acquisition of land for those 
facilities), in the following amounts: 
(1) For the Department of the Army, for the Army National 
Guard of the United States, $582,056,000. 
(2) For the Department of the Army, for the Army Reserve, 
$431,566,000. 
(3) For the Department of the Navy, for the Navy and 
Marine Corps Reserve, $125,874,000. 
(4) For the Department of the Air Force, for the Air 
National Guard of the United States, $364,226,000. 
(5) For the Department of the Air Force, for the Air Force 
Reserve, $112,269,000. 
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123 STAT. 2653 
PUBLIC LAW 111–84—OCT. 28, 2009 
(b) LIMITATION ON IMPLEMENTATION OF PROJECTS AT CERTAIN 
UNSPECIFIED WORLDWIDE LOCATIONS.—The Secretary of the mili-
tary department concerned may not enter into an award of a project 
at an unspecified worldwide location authorized under section 
2601(c), 2602(c), 2603(b), 2604(b), or 2605(b) until the Secretary 
submits to the congressional defense committees a report that 
includes the following: 
(1) Within the amounts authorized to be appropriated 
under the applicable paragraph of subsection (a), a list of the 
proposed projects. 
(2) A Military Construction Data Sheet for each project. 
(3) A certification that the projects can be awarded in 
the year for which the appropriation of funds is made. 
(4) A certification that the projects are listed in the current 
Future Years Defense Program for the reserve component 
involved. 
SEC. 2607. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR 
2007 PROJECTS. 
(a) EXTENSION.—Notwithstanding section 2701 of the Military 
Construction Authorization Act for Fiscal Year 2007 (division B 
of Public Law 109–364; 120 Stat. 2463), the authorizations set 
forth in the table in subsection (b), as provided in section 2601 
of that Act, shall remain in effect until October 1, 2010, or the 
date of the enactment of an Act authorizing funds for military 
construction for fiscal year 2011, whichever is later. 
(b) TABLE.—The table referred to in subsection (a) is as follows: 
Army National Guard: Extension of 2007 Project 
Authorizations 
State 
Installation or 
Location 
Project 
Amount 
California ............
Fresno ................
AVCRAD Add/ 
Alt, PH I.
$30,000,000 
New Jersey .........
Lakehurst ..........
Consolidated Lo-
gistics Train-
ing Facility, 
PH II.
$20,024,000 
SEC. 2608. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR 
2006 PROJECT. 
(a) EXTENSION.—Notwithstanding section 2701 of the Military 
Construction Authorization Act for Fiscal Year 2006 (division B 
of Public Law 109–163; 119 Stat. 3501), the authorization set forth 
in the table in subsection (b), as provided in section 2601 of that 
Act (119 Stat. 3501) and extended by section 2608 of the Military 
Construction Authorization Act for Fiscal Year 2009 (division B 
of Public Law 110–417; 122 Stat. 4710), shall remain in effect 
until October 1, 2010, or the date of the enactment of an Act 
authorizing funds for military construction for fiscal year 2011, 
whichever is later. 
(b) TABLE.—The table referred to in subsection (a) is as follows: 
Termination 
date. 
Termination 
date. 
Reports. 
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123 STAT. 2654 
PUBLIC LAW 111–84—OCT. 28, 2009 
Army National Guard: Extension of 2006 Project 
Authorization 
State 
Installation or 
Location 
Project 
Amount 
Montana .............
Townsend ..........
Automated 
Qualification 
Training 
Range.
$2,532,000 
TITLE XXVII—BASE CLOSURE AND 
REALIGNMENT ACTIVITIES 
Subtitle A—Authorizations 
Sec. 2701. Authorization of appropriations for base closure and realignment activi-
ties funded through Department of Defense Base Closure Account 1990. 
Sec. 2702. Authorized base closure and realignment activities funded through De-
partment of Defense Base Closure Account 2005. 
Sec. 2703. Authorization of appropriations for base closure and realignment activi-
ties funded through Department of Defense Base Closure Account 2005. 
Subtitle B—Other Matters 
Sec. 2711. Relocation of certain Army Reserve units in Connecticut. 
Sec. 2712. Authority to construct Armed Forces Reserve Center in vicinity of Pease 
Air National Guard Base, New Hampshire. 
Sec. 2713. Sense of Congress on ensuring joint basing recommendations do not ad-
versely affect operational readiness. 
Sec. 2714. Requirements related to providing world class military medical facilities 
in the National Capital Region. 
Sec. 2715. Use of economic development conveyances to implement base closure 
and realignment property recommendations. 
Subtitle A—Authorizations 
SEC. 2701. AUTHORIZATION OF APPROPRIATIONS FOR BASE CLOSURE 
AND 
REALIGNMENT 
ACTIVITIES 
FUNDED 
THROUGH 
DEPARTMENT OF DEFENSE BASE CLOSURE ACCOUNT 
1990. 
Funds are hereby authorized to be appropriated for fiscal years 
beginning after September 30, 2009, for base closure and realign-
ment activities, including real property acquisition and military 
construction projects, as authorized by the Defense Base Closure 
and Realignment Act of 1990 (part A of title XXIX of Public Law 
101–510; 10 U.S.C. 2687 note) and funded through the Department 
of Defense Base Closure Account 1990 established by section 2906 
of such Act, in the total amount of $496,768,000, as follows: 
(1) For the Department of the Army, $138,723,000. 
(2) For the Department of the Navy, $228,000,000. 
(3) For the Department of the Air Force, $127,364,000. 
(4) For the Defense Agencies, $2,681,000. 
SEC. 2702. AUTHORIZED BASE CLOSURE AND REALIGNMENT ACTIVI-
TIES FUNDED THROUGH DEPARTMENT OF DEFENSE BASE 
CLOSURE ACCOUNT 2005. 
Using amounts appropriated pursuant to the authorization of 
appropriations in section 2703, the Secretary of Defense may carry 
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123 STAT. 2655 
PUBLIC LAW 111–84—OCT. 28, 2009 
out base closure and realignment activities, including real property 
acquisition and military construction projects, as authorized by 
the Defense Base Closure and Realignment Act of 1990 (part A 
of title XXIX of Public Law 101–510; 10 U.S.C. 2687 note) and 
funded through the Department of Defense Base Closure Account 
2005 established by section 2906A of such Act, in the amount 
of $5,934,740,000. 
SEC. 2703. AUTHORIZATION OF APPROPRIATIONS FOR BASE CLOSURE 
AND 
REALIGNMENT 
ACTIVITIES 
FUNDED 
THROUGH 
DEPARTMENT OF DEFENSE BASE CLOSURE ACCOUNT 
2005. 
Funds are hereby authorized to be appropriated for fiscal years 
beginning after September 30, 2009, for base closure and realign-
ment activities, including real property acquisition and military 
construction projects, as authorized by the Defense Base Closure 
and Realignment Act of 1990 (part A of title XXIX of Public Law 
101–510; 10 U.S.C. 2687 note) and funded through the Department 
of Defense Base Closure Account 2005 established by section 2906A 
of such Act, in the total amount of $7,455,498,000, as follows: 
(1) For the Department of the Army, $4,057,037,000. 
(2) For the Department of the Navy, $591,572,000. 
(3) For the Department of the Air Force, $418,260,000. 
(4) For the Defense Agencies, $2,388,629,000. 
Subtitle B—Other Matters 
SEC. 2711. RELOCATION OF CERTAIN ARMY RESERVE UNITS IN CON-
NECTICUT. 
The Secretary of the Army may use funds appropriated pursu-
ant to the authorization of appropriations in section 2703 for the 
purpose of constructing an Army Reserve Center and Maintenance 
Facility in the vicinity of Newtown, Connecticut, at a location deter-
mined by the Secretary to be in the best interest of national security 
and in the public interest. 
SEC. 2712. AUTHORITY TO CONSTRUCT ARMED FORCES RESERVE 
CENTER IN VICINITY OF PEASE AIR NATIONAL GUARD 
BASE, NEW HAMPSHIRE. 
The Secretary of the Army may use funds appropriated pursu-
ant to the authorization of appropriations in section 2703 of the 
Military Construction Authorization Act for Fiscal Year 2009 (divi-
sion B of Public Law 110–417; 122 Stat. 4715) for the purpose 
of constructing an Armed Forces Reserve Center at Pease Air 
National Guard Base, New Hampshire, to construct instead an 
Armed Forces Reserve Center in the vicinity of Pease Air National 
Guard Base at a location determined by the Secretary to be in 
the best interest of national security and in the public interest. 
SEC. 2713. SENSE OF CONGRESS ON ENSURING JOINT BASING REC-
OMMENDATIONS DO NOT ADVERSELY AFFECT OPER-
ATIONAL READINESS. 
It is the sense of Congress that, in implementing the joint 
basing recommendations of the Defense Base Closure and Realign-
ment Commission contained in the report of the Commission trans-
mitted to Congress on September 15, 2005, under section 2903(e) 
of the Defense Base Closure and Realignment Act of 1990 (part 
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123 STAT. 2656 
PUBLIC LAW 111–84—OCT. 28, 2009 
A of title XXIX of Public Law 101–510; 10 U.S.C. 2687 note), 
the Secretary of Defense should ensure that the joint basing of 
military installations at any of the recommended locations does 
not adversely impact— 
(1) the ability of commanders, and the units of the Armed 
Forces under their command, to perform their operational mis-
sions; 
(2) the command and control of commanders at each mili-
tary installation that has an operational mission requirement; 
and 
(3) the readiness of the units of the Armed Forces under 
their command. 
SEC. 2714. REQUIREMENTS RELATED TO PROVIDING WORLD CLASS 
MILITARY MEDICAL FACILITIES IN THE NATIONAL CAP-
ITAL REGION. 
(a) MASTER PLAN REQUIRED.—Not later than March 31, 2010, 
the Secretary of Defense shall develop and implement a comprehen-
sive master plan to provide sufficient world class military medical 
facilities and an integrated system of health care delivery for the 
National Capital Region that— 
(1) addresses— 
(A) the unique needs of members of the Armed Forces 
and retired members of the Armed Forces and their fami-
lies; 
(B) the care, management, and transition of seriously 
ill and injured members of the Armed Forces and their 
families; 
(C) the missions of the branch or branches of the 
Armed Forces served; and 
(D) performance expectations for the future integrated 
health care delivery system, including— 
(i) information management and information tech-
nology support; and 
(ii) expansion of support services; 
(2) delineates the process for the development of budgets, 
prioritization of requirements, and the allocation of funds; 
(3) delineates budget and operational authority to provide 
and operate world class military medical facilities in the 
National Capital Region; 
(4) incorporates all ancillary and support facilities at the 
National Naval Medical Center, Bethesda, Maryland, including 
education and research facilities as well as centers of excellence, 
transportation, and parking structures required to provide a 
full range of adequate care and services for members of the 
Armed Forces and their families; 
(5) incorporates a facilities needs assessment, including 
an assessment of standards for patient rooms, and provides 
a program to meet the facility requirements; 
(6) specifies the personnel authorizations and personnel 
systems required to provide and operate a world class military 
medical facility; 
(7) can be used as a basis to develop similar master plans 
for other military medical facilities of the Department of 
Defense; and 
(8) includes a community development plan that incor-
porates multiple options to alleviate traffic congestion related 
District of 
Columbia. 
Maryland. 
Virginia. 
Deadlines. 
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123 STAT. 2657 
PUBLIC LAW 111–84—OCT. 28, 2009 
to the expansion of the National Naval Medical Center and 
Fort Belvoir Community Hospital, including a review of 
options— 
(A) to expand adjacent highways; 
(B) improvements to nearby intersections; 
(C) on-facility site queuing; and 
(D) multimodal expansion that could include expanded 
support for buses and subways. 
(b) SUBMISSION OF MASTER PLAN AND RELATED MATERIALS.— 
Not later than March 31, 2010, the Secretary of Defense shall 
submit to the congressional defense committees a report con-
taining— 
(1) the master plan developed under subsection (a); 
(2) the certification of the Secretary that the requirements 
specified in paragraphs (1), (2), and (3) of section 1650(a) of 
the National Defense Authorization Act for Fiscal Year 2008 
(Public Law 110–181; 122 Stat. 475) remain satisfied and 
accurate; 
(3) the certification of the Secretary that the master plan 
ensures that each facility covered by the plan meets or exceeds 
applicable Joint Commission hospital design standards; and 
(4) an assessment of the risks and benefits to patient 
care associated with completing the realignment of Walter Reed 
National Military Medical Center by the statutory deadline 
imposed for implementation of the recommendations contained 
in the report of the Defense Base Closure and Realignment 
Commission transmitted to Congress on September 15, 2005. 
(c) SUBMISSION
OF MILESTONE SCHEDULE
AND COST ESTI-
MATES.—Not later than June 30, 2010, the Secretary of Defense 
shall submit to the congressional defense committees a report 
describing— 
(1) the schedule for completion of requirements identified 
in the master plan developed under subsection (a); and 
(2) updated cost estimates to provide world class military 
medical facilities for the National Capital Region. 
(d) SENSE OF CONGRESS REGARDING TRAFFIC MITIGATION IN 
VICINITY OF NATIONAL NAVAL MEDICAL CENTER.—Given the antici-
pated significant increases in local traffic in the vicinity of the 
National Naval Medical Center, and the unusual impact that such 
traffic increases will have on the surrounding community due to 
the planned expansion of the installation, it is the sense of Congress 
that— 
(1) multiple methods are available to the Department of 
Defense to implement the defense access roads program (section 
210 of title 23, United States Code) to help alleviate traffic 
congestion, including expansion of adjacent highways, improve-
ments to nearby intersections, on-base queuing options, and 
multi-modal expansion, including expanded support of buses 
and subways and other measures; and 
(2) all of the efforts to alleviate the significant traffic impact 
need to be pursued to ensure readily available access to health 
care at the installation. 
(e) DEFINITIONS.—In this section: 
(1) NATIONAL CAPITAL REGION.—The term ‘‘National Capital 
Region’’ has the meaning given the term in section 2674(f) 
of title 10, United States Code. 
Reports. 
Reports. 
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123 STAT. 2658 
PUBLIC LAW 111–84—OCT. 28, 2009 
(2) WORLD CLASS MILITARY MEDICAL FACILITY.—The term 
‘‘world class military medical facility’’ has the meaning given 
the term by the National Capital Region Base Realignment 
and Closure Health Systems Advisory Subcommittee of the 
Defense Health Board in appendix B of the report entitled 
‘‘Achieving World Class – An Independent Review of the Design 
Plans for the Walter Reed National Military Medical Center 
and the Fort Belvoir Community Hospital’’, published in May, 
2009. 
SEC. 2715. USE OF ECONOMIC DEVELOPMENT CONVEYANCES TO 
IMPLEMENT BASE CLOSURE AND REALIGNMENT PROP-
ERTY RECOMMENDATIONS. 
(a) ECONOMIC REDEVELOPMENT CONVEYANCE AUTHORITY.—Sec-
tion 2905(b)(4) of the Defense Base Closure and Realignment Act 
of 1990 (part A of title XXIX of Public Law 101–510; 10 U.S.C. 
2687 note) is amended— 
(1) in subparagraph (B), by striking the matter preceding 
clause (i) of such subparagraph and inserting the following: 
‘‘(B) The transfer of property located at a military installation 
under subparagraph (A) may be for consideration at or below the 
estimated fair market value or without consideration. The deter-
mination of such consideration may account for the economic condi-
tions of the local affected community and the estimated costs to 
redevelop the property. The Secretary may accept, as consideration, 
a share of the revenues that the redevelopment authority receives 
from third-party buyers or lessees from sales and long-term leases 
of the conveyed property, consideration in kind (including goods 
and services), real property and improvements, or such other consid-
eration as the Secretary considers appropriate. The transfer of 
property located at a military installation under subparagraph (A) 
may be made for consideration below the estimated fair market 
value or without consideration only if the redevelopment authority 
with respect to the installation—’’; and 
(2) in subparagraph (C), by striking ‘‘subparagraph (B)’’ 
and inserting ‘‘subparagraph (B)(i)’’. 
(b) REPORT CONCERNING PROPERTY CONVEYANCES.—Not later 
than 180 days after the date of the enactment of this Act, the 
Secretary of Defense shall submit to Congress a report regarding 
the status of current and anticipated economic development convey-
ances involving surplus real and personal property at closed or 
realigned military installations, projected job creation as a result 
of the conveyances, community reinvestment, and the progress made 
as a result of the implementation of the amendments made by 
subsection (a). 
TITLE XXVIII—MILITARY 
CONSTRUCTION GENERAL PROVISIONS 
Subtitle A—Military Construction Program and Military Family Housing Changes 
Sec. 2801. Modification of unspecified minor construction authorities. 
Sec. 2802. Congressional notification of facility repair projects carried out using op-
eration and maintenance funds. 
Sec. 2803. Modification of authority for scope of work variations. 
Sec. 2804. Modification of conveyance authority at military installations. 
Sec. 2805. Imposition of requirement that acquisition of reserve component facili-
ties be authorized by law. 
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123 STAT. 2659 
PUBLIC LAW 111–84—OCT. 28, 2009 
Sec. 2806. Authority to use operation and maintenance funds for construction 
projects inside the United States Central Command area of responsi-
bility. 
Sec. 2807. Expansion of First Sergeants Barracks Initiative. 
Sec. 2808. Reports on privatization initiatives for military unaccompanied housing. 
Sec. 2809. Report on Department of Defense contributions to States for acquisition, 
construction, expansion, rehabilitation, or conversion of reserve compo-
nent facilities. 
Subtitle B—Real Property and Facilities Administration 
Sec. 2821. Modification of utility systems conveyance authority. 
Sec. 2822. Report on global defense posture realignment and interagency review. 
Sec. 2823. Property and facilities management of the Armed Forces Retirement 
Home. 
Sec. 2824. Acceptance of contributions to support cleanup efforts at former Alma-
den Air Force Station, California. 
Sec. 2825. Selection of military installations to serve as locations of brigade combat 
teams. 
Sec. 2826. Report on Federal assistance to support communities adversely impacted 
by expansion of military installations. 
Subtitle C—Provisions Related to Guam Realignment 
Sec. 2831. Role of Department of Defense in management and coordination of De-
fense activities relating to Guam realignment. 
Sec. 2832. Clarifications regarding use of special purpose entities to assist with 
Guam realignment. 
Sec. 2833. Workforce issues related to military construction and certain other 
transactions on Guam. 
Sec. 2834. Composition of workforce for construction projects funded through the 
Support for United States Relocation to Guam Account. 
Sec. 2835. Interagency Coordination Group of Inspectors General for Guam Re-
alignment. 
Sec. 2836. Compliance with Naval Aviation Safety requirements as condition on ac-
ceptance of replacement facility for Marine Corps Air Station, Futenma, 
Okinawa. 
Sec. 2837. Report and sense of Congress on Marine Corps requirements in Asia-Pa-
cific region. 
Subtitle D—Energy Security 
Sec. 2841. Adoption of unified energy monitoring and utility control system speci-
fication for military construction and military family housing activities. 
Sec. 2842. Department of Defense goal regarding use of renewable energy sources 
to meet facility energy needs. 
Sec. 2843. Department of Defense participation in programs for management of en-
ergy demand or reduction of energy usage during peak periods. 
Sec. 2844. Department of Defense use of electric and hybrid motor vehicles. 
Sec. 2845. Study on development of nuclear power plants on military installations. 
Sec. 2846. Comptroller General report on Department of Defense renewable energy 
initiatives, including solar initiatives, on military installations. 
Subtitle E—Land Conveyances 
Sec. 2851. Land conveyance, Haines Tank Farm, Haines, Alaska. 
Sec. 2852. Release of reversionary interest, Camp Joseph T. Robinson, Arkansas. 
Sec. 2853. Transfer of administrative jurisdiction, Port Chicago Naval Magazine, 
California. 
Sec. 2854. Land conveyance, Ferndale housing at Centerville Beach Naval Facility 
to City of Ferndale, California. 
Sec. 2855. Land conveyances, Naval Air Station, Barbers Point, Hawaii. 
Sec. 2856. Land conveyances of certain parcels in the Camp Catlin and Ohana Nui 
areas, Pearl Harbor, Hawaii. 
Sec. 2857. Modification of land conveyance, former Griffiss Air Force Base, New 
York. 
Sec. 2858. Land conveyance, Army Reserve Center, Chambersburg, Pennsylvania. 
Sec. 2859. Land conveyance, Ellsworth Air Force Base, South Dakota. 
Sec. 2860. Land conveyance, Lackland Air Force Base, Texas. 
Sec. 2861. Land Conveyance, Naval Air Station Oceana, Virginia. 
Sec. 2862. Completion of land exchange and consolidation, Fort Lewis, Washington. 
Sec. 2863. Land conveyance, F.E. Warren Air Force Base, Cheyenne, Wyoming. 
Subtitle F—Other Matters 
Sec. 2871. Revised authority to establish national monument to honor United 
States Armed Forces working dog teams. 
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123 STAT. 2660 
PUBLIC LAW 111–84—OCT. 28, 2009 
Sec. 2872. National D–Day Memorial study. 
Sec. 2873. Conditions on establishment of Cooperative Security Location in 
Palanquero, Colombia. 
Sec. 2874. Military activities at United States Marine Corps Mountain Warfare 
Training Center. 
Subtitle A—Military Construction Program 
and Military Family Housing Changes 
SEC. 2801. MODIFICATION OF UNSPECIFIED MINOR CONSTRUCTION 
AUTHORITIES. 
(a) REPEAL OF LIMITATIONS ON EXERCISE-RELATED PROJECTS 
OVERSEAS.— 
(1) AUTHORITY TO CARRY OUT PROJECTS.—Subsection (a) 
of section 2805 of title 10, United States Code, is amended— 
(A) by striking ‘‘Except as provided in paragraph (2), 
within’’ and inserting ‘‘Within’’; 
(B) by striking paragraph (2); and 
(C) by striking ‘‘An unspecified’’ and inserting the fol-
lowing: 
‘‘(2) An unspecified’’. 
(2) USE
OF
OPERATION
AND
MAINTENANCE
FUNDS.—Sub-
section (c) of such section is amended— 
(A) by striking ‘‘Except as provided in paragraphs (2) 
and (3)’’ and inserting ‘‘Except as provided in paragraph 
(2)’’; 
(B) by striking paragraph (2); and 
(C) by redesignating paragraph (3) as paragraph (2). 
(3) CONFORMING AMENDMENT.—Section 2806(c)(1) of such 
title is amended by striking ‘‘section 2805(a)(2)’’ and inserting 
‘‘section 2805(a)’’. 
(b) LABORATORY REVITALIZATION AUTHORIZED.—Section 2805(d) 
of such title is amended— 
(1) in paragraph (1)(B), by inserting ‘‘or from funds author-
ized to be made available under section 219(a) of the Duncan 
Hunter National Defense Authorization Act for Fiscal Year 
2009 (Public Law 110–417; 10 U.S.C. 2358 note)’’ after ‘‘author-
ized by law’’; 
(2) by striking paragraph (3); and 
(3) by redesignating paragraphs (4), (5), and (6) as para-
graphs (3), (4), and (5), respectively. 
(c) MECHANISMS TO PROVIDE FUNDS FOR LABORATORY REVITAL-
IZATION.— 
(1) ADDITIONAL PURPOSE.—Subsection (a)(1) of section 219 
of the Duncan Hunter National Defense Authorization Act for 
Fiscal Year 2009 (Public Law 110–417; 10 U.S.C. 2358 note) 
is amended by adding at the end the following new subpara-
graph: 
‘‘(D) To fund the revitalization and recapitalization 
of the laboratory pursuant to section 2805(d) of title 10, 
United States Code.’’. 
(2) MODIFICATION
OF
REPORTING
REQUIREMENTS.—Sub-
section (b) of such section is amended— 
(A) by striking paragraph (2); and 
(B) by striking ‘‘AUTHORITY’’ and all that follows 
through ‘‘Not’’ and inserting ‘‘AUTHORITY.—Not’’. 
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123 STAT. 2661 
PUBLIC LAW 111–84—OCT. 28, 2009 
SEC. 2802. CONGRESSIONAL NOTIFICATION OF FACILITY REPAIR 
PROJECTS 
CARRIED 
OUT 
USING 
OPERATION 
AND 
MAINTENANCE FUNDS. 
Section 2811(d) of title 10, United States Code, is amended— 
(1) in paragraph (1), by striking ‘‘and’’ at the end; and 
(2) by striking paragraph (2) and inserting the following 
new paragraphs: 
‘‘(2) if the current estimate of the cost of the repair project 
exceeds 75 percent of the estimated cost of a military construc-
tion project to replace the facility, an explanation of the reasons 
why replacement of the facility is not in the best interest 
of the Government; and 
‘‘(3) a description of the elements of military construction, 
including the elements specified in section 2802(b) of this title, 
incorporated into the repair project.’’. 
SEC. 2803. MODIFICATION OF AUTHORITY FOR SCOPE OF WORK VARI-
ATIONS. 
Section 2853 of title 10, United States Code, is amended— 
(1) in subsection (b)— 
(A) by striking ‘‘Except as provided in subsection (c)’’ 
and inserting ‘‘(1) Except as provided in subsection (c)’’; 
(B) by striking ‘‘may be reduced by not more than 
25 percent from the amount approved for that project, 
construction, improvement, or acquisition by Congress.’’ 
and inserting ‘‘may be reduced by not more than 25 percent 
from the amount specified for that project, construction, 
improvement, or acquisition in the justification data pro-
vided to Congress as part of the request for authorization 
of the project, construction, improvement, or acquisition.’’; 
and 
(C) by adding at the end the following new paragraph: 
‘‘(2) The scope of work for a military construction project or 
for the construction, improvement, and acquisition of a military 
family housing project may not be increased above the amount 
specified for that project, construction, improvement, or acquisition 
in the justification data provided to Congress as part of the request 
for authorization of the project, construction, improvement, or 
acquisition.’’; and 
(2) in subsection (c), by striking ‘‘limitation on scope reduc-
tion in subsection (b)’’ and inserting ‘‘limitation on scope reduc-
tion in subsection (b)(1)’’. 
SEC. 2804. MODIFICATION OF CONVEYANCE AUTHORITY AT MILITARY 
INSTALLATIONS. 
(a) LIMITED PURPOSES FOR WHICH REAL PROPERTY MAY BE 
CONVEYED.—Section 2869 of title 10, United States Code, is 
amended— 
(1) in subsection (a)— 
(A) in paragraph (1)— 
(i) by striking ‘‘agrees, in exchange for the real 
property—’’ and all that follows through ‘‘to carry out 
a military construction project or land acquisition’’ and 
inserting ‘‘agrees, in exchange for the real property, 
to carry out a land acquisition’’; 
(ii) by striking ‘‘; or’’ and inserting a period; and 
(iii) by striking subparagraph (B); and 
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123 STAT. 2662 
PUBLIC LAW 111–84—OCT. 28, 2009 
(B) by striking paragraph (3); 
(2) in subsection (b), by striking ‘‘fair market value of 
the military construction, military family housing, or military 
unaccompanied housing’’ both places it appears and inserting 
‘‘fair market value of the land’’; 
(3) by striking subsection (c) and inserting the following 
new subsection: 
‘‘(c) LIMITATION
ON
USE
OF
CONVEYANCE
AUTHORITY
AT 
INSTALLATIONS
CLOSED
UNDER
BASE
CLOSURE
LAWS.—The 
authority under subsection (a)(2)(A) to convey property located on 
a military installation may only be used to the extent the convey-
ance is consistent with an approved redevelopment plan for such 
installation.’’; and 
(4) in subsection (d)(2)(A), by striking ‘‘military construction 
project, land acquisition, military family housing, or military 
unaccompanied housing’’ both places it appears and inserting 
‘‘land acquisition’’. 
(b) REQUIREMENT TO DEPOSIT FUNDS IN FOREIGN CURRENCY 
FLUCTUATIONS, CONSTRUCTION, DEFENSE ACCOUNT.—Subsection (e) 
of such section is amended by striking ‘‘(1) Except as provided 
in paragraph (2), the Secretary concerned may deposit funds’’ and 
all that follows through ‘‘funds deposited under paragraph (2) shall 
be available’’ in paragraph (3) and inserting ‘‘The Secretary con-
cerned shall deposit funds received under subsection (b) in the 
appropriation 
‘Foreign 
Currency 
Fluctuations, 
Construction, 
Defense’. The funds deposited shall be available’’. 
(c) ELIMINATION OF ANNUAL REPORT REQUIREMENT; SUNSET.— 
Subsection (f) of such section is amended to read as follows: 
‘‘(f) SUNSET.—The authority to enter into an agreement under 
this section shall expire on September 30, 2013.’’. 
(d) CLERICAL AMENDMENTS.— 
(1) SECTION
HEADING.—The heading of such section is 
amended to read as follows: 
‘‘§ 2869. Conveyance of property at military installations to 
limit encroachment’’. 
(2) TABLE OF SECTIONS.—The item relating to such section 
in the table of sections at the beginning of chapter 169 of 
such title is amended to read as follows: 
‘‘2869. Conveyance of property at military installations to limit encroachment.’’. 
SEC. 2805. IMPOSITION OF REQUIREMENT THAT ACQUISITION OF 
RESERVE COMPONENT FACILITIES BE AUTHORIZED BY 
LAW. 
Section 18233(a)(1) of title 10, United States Code, is amended 
by striking ‘‘as he determines to be necessary’’ and inserting ‘‘as 
are authorized by law’’. 
SEC. 2806. AUTHORITY TO USE OPERATION AND MAINTENANCE FUNDS 
FOR CONSTRUCTION PROJECTS INSIDE THE UNITED 
STATES CENTRAL COMMAND AREA OF RESPONSIBILITY. 
(a) ONE-YEAR EXTENSION OF AUTHORITY.—Section 2808 of the 
Military Construction Authorization Act for Fiscal Year 2004 (divi-
sion B of Public Law 108–136; 117 Stat. 1723), as most recently 
amended by section 2806 of the Military Construction Authorization 
Act for Fiscal Year 2009 (division B of Public Law 110–417; 112 
Stat. 4724), is amended— 
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123 STAT. 2663 
PUBLIC LAW 111–84—OCT. 28, 2009 
(1) in subsection (a), by striking ‘‘During fiscal year 2004’’ 
and all that follows through ‘‘obligate’’ and inserting ‘‘The Sec-
retary of Defense may obligate’’; and 
(2) by adding at the end the following new subsection: 
‘‘(h) EXPIRATION
OF AUTHORITY.—The authority to obligate 
funds under this section expires on the later of— 
‘‘(1) September 30, 2010; or 
‘‘(2) the date of the enactment of an Act authorizing funds 
for military construction for fiscal year 2011.’’. 
(b) GEOGRAPHIC AREA OF AUTHORITY.—Subsection (a) of such 
section is further amended by striking ‘‘and United States Africa 
Command areas of responsibility’’ and inserting ‘‘area of responsi-
bility’’. 
(c) ANNUAL FUNDING LIMITATION ON USE OF AUTHORITY; EXCEP-
TION.—Subsection (c) of such section is amended— 
(1) in paragraph (2)— 
(A) in the first sentence, by inserting ‘‘for fiscal year 
2010’’ after ‘‘operation and maintenance’’ ; and 
(B) in the second sentence, by striking ‘‘fiscal year 
2009’’ and inserting ‘‘that fiscal year’’; and 
(2) by adding at the end the following new paragraph: 
‘‘(3) Notwithstanding paragraph (1), the Secretary of Defense 
may authorize the obligation under this section of not more than 
an additional $10,000,000 of appropriated funds available for oper-
ation and maintenance for a fiscal year if the Secretary determines 
that the additional funds are needed for costs associated with 
contract closeouts. Funds obligated under this paragraph are not 
subject to the limitation in the second sentence of paragraph (2).’’. 
(d) CLERICAL
AMENDMENT
TO
CORRECT
REFERENCE
TO 
CONGRESSIONAL COMMITTEE.—Subsection (f) of such section is 
amended by striking ‘‘Subcommittees on Defense and Military 
Construction’’ both places it appears and inserting ‘‘Subcommittee 
on Defense and the Subcommittee on Military Construction, Vet-
erans Affairs, and Related Agencies’’. 
SEC. 2807. EXPANSION OF FIRST SERGEANTS BARRACKS INITIATIVE. 
(a) EXPANSION OF INITIATIVE.—Not later than September 30, 
2011, the Secretary of the Army shall expand the First Sergeants 
Barracks Initiative (FSBI) to include all Army installations in order 
to improve the quality of life and living environments for single 
soldiers. 
(b) PROGRESS REPORTS.—Not later than February 15, 2010, 
and February 15, 2011, the Secretary of the Army shall submit 
to the congressional defense committees a report describing the 
progress made in expanding the First Sergeants Barracks Initiative 
to all Army installations. 
SEC. 2808. REPORTS ON PRIVATIZATION INITIATIVES FOR MILITARY 
UNACCOMPANIED HOUSING. 
(a) SECRETARY OF DEFENSE REPORT.—Not later than March 
31, 2010, the Secretary of Defense shall submit to the Committees 
on Armed Services of the Senate and the House of Representatives 
a report containing— 
(1) an evaluation of the process by which the Secretary 
develops, implements, and oversees housing privatization trans-
actions involving military unaccompanied housing; 
Deadline. 
10 USC 3013 
note. 
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123 STAT. 2664 
PUBLIC LAW 111–84—OCT. 28, 2009 
(2) recommendations regarding additional opportunities for 
members of the Armed Forces to utilize housing privatization 
transactions involving military unaccompanied housing; 
(3) an evaluation of the impact of a prohibition on civilian 
occupancy of such housing on the ability to secure private 
partners for such housing privatization transactions; and 
(4) the Secretary’s assessment of the feasibility and cost 
of privatizing military unaccompanied housing for all members 
of the Armed Forces. 
(b) COMPTROLLER GENERAL REPORT.— 
(1) IN GENERAL.—Not later than 90 days after the Secretary 
of Defense submits the report under subsection (a), the Comp-
troller General of the United States shall submit to the Commit-
tees on Armed Services of the Senate and the House of Rep-
resentatives a report evaluating such report. The report of 
the Comptroller General shall include the Comptroller Gen-
eral’s assessment of the process used by the Secretary in pre-
paring the report under subsection (a) and the Comptroller 
General’s assessment of the extent to which such report 
addresses the elements required under subsection (a). 
(2) INDEPENDENT
RESEARCH.—The Comptroller General 
may conduct such independent research and make such inde-
pendent findings and recommendations as the Comptroller Gen-
eral determines appropriate for purposes of the report sub-
mitted under this subsection. 
(c) HOUSING PRIVATIZATION TRANSACTION DEFINED.—In this 
section, the term ‘‘housing privatization transaction’’ means any 
contract or other transaction for the construction or acquisition 
of military unaccompanied housing entered into under the authority 
of subchapter IV of chapter 169 of title 10, United States Code. 
SEC. 2809. REPORT ON DEPARTMENT OF DEFENSE CONTRIBUTIONS 
TO STATES FOR ACQUISITION, CONSTRUCTION, EXPAN-
SION, REHABILITATION, OR CONVERSION OF RESERVE 
COMPONENT FACILITIES. 
(a) REPORT REQUIRED.—Not later than March 1, 2010, the 
Secretary of Defense shall submit to the congressional defense 
committees a report specifying, for each of fiscal years 2005 through 
2009, the total amount of contributions by project made by the 
Secretary to each State under the authority of paragraphs (2) 
through (6) of section 18233(a) of title 10, United States Code, 
for reserve component facilities. The amounts contributed under 
each of such paragraphs for each State shall be specified separately. 
(b) DEFINITIONS.—In this section, the terms ‘‘State’’ and 
‘‘facility’’ have the meanings given those terms in section 18232 
of such title. 
Subtitle B—Real Property and Facilities 
Administration 
SEC. 
2821. 
MODIFICATION 
OF 
UTILITY 
SYSTEMS 
CONVEYANCE 
AUTHORITY. 
(a) CLARIFICATION OF REQUIRED DETERMINATION THAT CONVEY-
ANCE REDUCE LONG-TERM COSTS.—Paragraph (2)(A)(ii) of subsection 
(a) of section 2688 of title 10, United States Code, is amended 
by striking ‘‘system; and’’ and inserting the following: ‘‘system by 
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123 STAT. 2665 
PUBLIC LAW 111–84—OCT. 28, 2009 
10 percent of the long-term cost for provision of those utility services 
in the agency tender; and’’. 
(b) LIMITATION ON REPEATED USE OF AUTHORITY FOR SAME 
UTILITY SYSTEM.—Such subsection is further amended by adding 
at the end the following new paragraph: 
‘‘(3)(A) If, as a result of the economic analysis required by 
paragraph (2)(A), the Secretary concerned determines that a utility 
system, or part of a utility system, is not eligible for conveyance 
under this subsection, the Secretary concerned may not further 
reconsider the utility system, or part of a utility system, for conver-
sion to contractor operation under section 2461 of this title for 
a period of five years beginning on the date of the determination. 
‘‘(B) If the results of a public-private competition for conversion 
of a utility system, or part of a utility system, to operation by 
a contractor favors continued operation by civilian employees of 
the Department of Defense, the Secretary concerned may not 
reconsider the utility system, or part of a utility system, for conver-
sion under section 2461 of this title or for conveyance under this 
subsection for a period of five years beginning on the date of 
the completion of the public-private competition.’’. 
SEC. 2822. REPORT ON GLOBAL DEFENSE POSTURE REALIGNMENT 
AND INTERAGENCY REVIEW. 
(a) ANNUAL REVIEW OF OVERSEAS BASE CLOSURE AND REALIGN-
MENT ACTIONS AND BASING MASTER PLANS.— 
(1) IN GENERAL.—Chapter 159 of title 10, United States 
Code, is amended by inserting after section 2687 the following 
new section: 
‘‘§ 2687a. Overseas base closures and realignments and 
basing master plans 
‘‘(a) ANNUAL STATUS REPORT.—At the same time that the 
budget is submitted under section 1105(a) of title 31for a fiscal 
year, the Secretary of Defense shall submit to the congressional 
defense committees and the Committee on Foreign relations of 
the Senate and the Committee on Foreign Affairs of the House 
of Representatives a report on— 
‘‘(1) the status of overseas base closure and realignment 
actions undertaken as part of a global defense posture realign-
ment strategy; and 
‘‘(2) the status of development and execution of comprehen-
sive master plans for overseas military main operating bases, 
forward operating sites, and cooperative security locations. 
‘‘(b) REPORT ELEMENTS.—A report under subsection (a) shall 
address the following: 
‘‘(1) How the master plans described in subsection (a)(2) 
would support the security commitments undertaken by the 
United States pursuant to any international security treaty, 
including, the North Atlantic Treaty, The Treaty of Mutual 
Cooperation and Security between the United States and Japan, 
and the Security Treaty Between Australia, New Zealand, and 
the United States of America. 
‘‘(2) The impact of such plans on the current security 
environments in the combatant commands, including United 
States participation in theater security cooperation activities 
and bilateral partnership, exchanges, and training exercises. 
Determination. 
Time periods. 
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123 STAT. 2666 
PUBLIC LAW 111–84—OCT. 28, 2009 
‘‘(3) Any comments of the Secretary of Defense resulting 
from an interagency review of these plans that includes the 
Department of State and other Federal departments and agen-
cies that the Secretary of Defense considers necessary for 
national security.’’. 
(2) CLERICAL AMENDMENT.—The table of sections at the 
beginning of such chapter is amended by inserting after the 
item relating to section 2687 the following new item: 
‘‘2687a. Overseas base closures and realignments and basing master plans.’’. 
(b) INTERAGENCY OVERSEAS BASING REPORT IN RESPONSE TO 
QUADRENNIAL DEFENSE REVIEW.—Section 118 of title 10, United 
States Code, is amended by inserting after subsection (h), as added 
by section 1002, the following new subsection: 
‘‘(i) INTERAGENCY OVERSEAS BASING REPORT.—(1) Not later 
than 90 days after submitting a report on a quadrennial defense 
review under subsection (d), the Secretary of Defense shall submit 
to the congressional defense committees a report detailing how 
the results of the assessment conducted as part of such review 
will impact— 
‘‘(A) the status of overseas base closure and realignment 
actions undertaken as part of a global defense posture realign-
ment strategy; and 
‘‘(B) the status of development and execution of comprehen-
sive master plans for overseas military main operating bases, 
forward operating sites, and cooperative security locations of 
the global defense posture of the United States. 
‘‘(2) A report under paragraph (1) shall include any rec-
ommendations for additional closures or realignments of military 
installations outside of the United States and any comments 
resulting from an interagency review of these plans that includes 
the Department of State and other relevant Federal departments 
and agencies.’’. 
SEC. 2823. PROPERTY AND FACILITIES MANAGEMENT OF THE ARMED 
FORCES RETIREMENT HOME. 
(a) ACQUISITION OF REAL PROPERTY.—Subsection (e)(2) of sec-
tion 1511 of the Armed Forces Retirement Home Act of 1991 (24 
U.S.C. 411) is amended by adding at the end the following new 
sentence: ‘‘If the purchase price to acquire fee title to real property 
for inclusion in the Retirement Home is more than $750,000, the 
Secretary may acquire the real property only if the acquisition 
is specifically authorized by law.’’. 
(b) DISPOSAL OF EXCESS PROPERTY AND LEASE OF NON-EXCESS 
PROPERTY.—Such section is further amended— 
(1) in subsection (e), by striking paragraph (3) and inserting 
the following new paragraph: 
‘‘(3) If the Secretary of Defense determines that any property 
of the Retirement Home is excess to the needs of the Retirement 
Home, the Secretary shall dispose of the property in accordance 
with subchapter III of chapter 5 of title 40, United States Code 
(40 U.S.C. 541 et seq.). The proceeds from the disposal of property 
under this paragraph shall be deposited in the Armed Forces Retire-
ment Home Trust Fund.’’; and 
(2) by adding at the end the following new subsection: 
‘‘(i) AUTHORITY TO LEASE NON-EXCESS PROPERTY.—(1) When-
ever the Chief Operating Officer of the Armed Forces Retirement 
Determination. 
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123 STAT. 2667 
PUBLIC LAW 111–84—OCT. 28, 2009 
Home considers it advantageous to the Retirement Home, the Sec-
retary of Defense (acting on behalf of the Chief Operating Officer) 
may lease to such lessee and upon such terms as the Secretary 
considers will promote the purpose and financial stability of the 
Retirement Home or be in the public interest, real or personal 
property that is— 
‘‘(A) under the control of the Retirement Home; and 
‘‘(B) not excess property (as defined by section 102 of title 
40, United States Code) subject to disposal under subsection 
(e)(3). 
‘‘(2) A lease under this subsection— 
‘‘(A) may not be for more than five years, unless the Chief 
Operating Officer determines that a lease for a longer period 
will promote the purpose and financial stability of the Retire-
ment Home or be in the public interest; 
‘‘(B) may give the lessee the first right to buy the property 
if the lease is revoked to allow the United States to sell the 
property under any other provision of law; 
‘‘(C) shall permit the Chief Operating Officer to revoke 
the lease at any time, unless the Chief Operating Officer deter-
mines that the omission of such a provision will promote the 
purpose and financial stability of the Retirement Home or 
be in the public interest; 
‘‘(D) shall provide for the payment (in cash or in kind) 
by the lessee of consideration in an amount that is not less 
than the fair market value of the lease interest, as determined 
by the Chief Operating Officer ; and 
‘‘(E) may provide, notwithstanding section 1302 of title 
40, United States Code, or any other provision of law, for 
the alteration, repair, or improvement, by the lessee, of the 
property leased as the payment of part or all of the consider-
ation for the lease. 
‘‘(3) In addition to any in-kind consideration accepted under 
subparagraph (D) or (E) of paragraph (2), in-kind consideration 
accepted with respect to a lease under this subsection may include 
the following: 
‘‘(A) Maintenance, protection, alteration, repair, improve-
ment, or restoration (including environmental restoration) of 
property or facilities of the Retirement Home. 
‘‘(B) Construction of new facilities for the Retirement Home. 
‘‘(C) Provision of facilities for use by the Retirement Home. 
‘‘(D) Facilities operation support for the Retirement Home. 
‘‘(E) Provision of such other services relating to activities 
that will occur on the leased property as the Chief Operating 
Officer considers appropriate. 
‘‘(4) In-kind consideration under paragraph (3) may be accepted 
at any property or facilities of the Retirement Home that are 
selected for that purpose by the Chief Operating Officer. 
‘‘(5) In the case of a lease for which all or part of the consider-
ation proposed to be accepted under this subsection is in-kind 
consideration with a value in excess of $500,000, the Secretary 
of Defense may not enter into the lease on behalf of the Chief 
Operating Officer until at least 30 days after the date on which 
a report on the facts of the lease is submitted to Congress. This 
paragraph does not apply to a lease covered by paragraph (6). 
‘‘(6)(A) If a proposed lease under this subsection involves only 
personal property, the lease term exceeds one year, or the fair 
Determination. 
Time period. 
Determinations. 
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123 STAT. 2668 
PUBLIC LAW 111–84—OCT. 28, 2009 
market value of the lease interest exceeds $100,000, as determined 
by the Chief Operating Officer, the Secretary of Defense shall 
use competitive procedures to select the lessee unless the Chief 
Operating Officer determines that— 
‘‘(i) a public interest will be served as a result of the 
lease; and 
‘‘(ii) the use of competitive procedures for the selection 
of certain lessees is unobtainable or not compatible with the 
public benefit served under clause (i). 
‘‘(B) Not later than 45 days before entering into a lease 
described in subparagraph (A), the Chief Operating Officer shall 
submit to Congress written notice describing the terms of the pro-
posed lease and— 
‘‘(i) the competitive procedures used to select the lessee; 
or 
‘‘(ii) in the case of a lease involving the public benefit 
exception authorized by subparagraph (A)(ii), a description of 
the public benefit to be served by the lease. 
‘‘(7) The proceeds from the lease of property under this sub-
section shall be deposited in the Armed Forces Retirement Home 
Trust Fund. 
‘‘(8) The interest of a lessee of property leased under this 
subsection may be taxed by State or local governments. A lease 
under this subsection shall provide that, if and to the extent that 
the leased property is later made taxable by State or local govern-
ments under an Act of Congress, the lease shall be renegotiated.’’. 
SEC. 2824. ACCEPTANCE OF CONTRIBUTIONS TO SUPPORT CLEANUP 
EFFORTS AT FORMER ALMADEN AIR FORCE STATION, 
CALIFORNIA. 
(a) ACCEPTANCE OF CONTRIBUTIONS; PURPOSE.—The Secretary 
of the Army may accept contributions from other Federal entities, 
the State of California, and other entities, both public and private, 
for the purposes of helping to cover the costs of— 
(1) demolition of property at former Almaden Air Force 
Station, California; and 
(2) environmental remediation and restoration. 
(b) AVAILABILITY.—Amounts received as contributions under 
subsection (a) may be merged with other amounts available to 
the Secretary to carry out the purposes described in such subsection 
and shall be available without further appropriations and until 
expended. 
SEC. 2825. SELECTION OF MILITARY INSTALLATIONS TO SERVE AS 
LOCATIONS OF BRIGADE COMBAT TEAMS. 
In selecting the military installations at which brigade combat 
teams will be stationed, the Secretary of the Army shall take 
into consideration the availability and proximity of training spaces 
for the units and the capacity of the installations to support the 
units. 
SEC. 2826. REPORT ON FEDERAL ASSISTANCE TO SUPPORT COMMU-
NITIES ADVERSELY IMPACTED BY EXPANSION OF MILI-
TARY INSTALLATIONS. 
Not later than 180 days after the date of the enactment of 
this Act, the Secretary of Defense shall submit to the congressional 
defense committees a report that includes the following information: 
10 USC 3013 
note. 
Deadline. 
Notice. 
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123 STAT. 2669 
PUBLIC LAW 111–84—OCT. 28, 2009 
(1) A description of the current authorities under which 
the Secretary may assist a community that is adversely 
impacted by the expansion of a military installation (in this 
section referred to as ‘‘impacted community’’). 
(2) A description of the current authorities under which 
heads of other Federal agencies may assist an impacted commu-
nity. 
(3) A review of additional authorities that the Secretary 
requires to assist impacted communities, including an assess-
ment on the following: 
(A) Methods to obtain educational opportunities for 
members of the Armed Forces and their dependents in 
impacted communities. 
(B) Opportunities to use payments in lieu of taxes 
under chapter 69 of title 31, United States Code, to offset 
impacts on impacted communities. 
(C) In remote locations where the Armed Forces does 
not have a presence and significant military expansion 
has been proposed, the ability to augment local medical 
capacities and public utilities to support expansion require-
ments. 
Subtitle C—Provisions Related to Guam 
Realignment 
SEC. 2831. ROLE OF DEPARTMENT OF DEFENSE IN MANAGEMENT AND 
COORDINATION OF DEFENSE ACTIVITIES RELATING TO 
GUAM REALIGNMENT. 
(a) DEPUTY SECRETARY OF DEFENSE.—Section 132 of title 10, 
United States Code, is amended by adding at the end the following 
new subsection: 
‘‘(d) Until September 30, 2015, the Deputy Secretary of Defense 
shall lead the Guam Executive Council and shall be the Department 
of Defense’s principal representative for coordinating the inter-
agency efforts in matters relating to Guam, including the following 
executive orders: 
‘‘(1) Executive Order No. 13299 of May 12, 2003 (68 Fed. 
Reg. 25477; 48 U.S.C. note prec. 1451; relating to the Inter-
agency Group on Insular Affairs). 
‘‘(2) Executive Order No. 12788 of January 15, 1992, as 
amended (57 Fed. Reg. 2213; relating to the Defense Economic 
Adjustment Program).’’. 
(b) REPORT.—Not later than 90 days after the date of the 
enactment of this Act, the Secretary of Defense shall submit to 
the congressional defense committees a report including the charter 
that establishes the Guam Executive Council. 
SEC. 2832. CLARIFICATIONS REGARDING USE OF SPECIAL PURPOSE 
ENTITIES TO ASSIST WITH GUAM REALIGNMENT. 
(a) SPECIAL PURPOSE ENTITY DEFINED.—In this section, the 
term ‘‘special purpose entity’’ means any private person, corporation, 
firm, partnership, company, State or local government, or authority 
or instrumentality of a State or local government that the Secretary 
of Defense determines is capable of producing military family 
housing or providing utilities to support the realignment of military 
installations and the relocation of military personnel on Guam. 
10 USC 2687 
note. 
Termination 
date. 
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123 STAT. 2670 
PUBLIC LAW 111–84—OCT. 28, 2009 
(b) REPORT ON INTENDED USE SPECIAL PURPOSE ENTITIES.— 
(1) REPORT REQUIRED.—Not later than 180 days after the 
date of the enactment of this Act, the Secretary of Defense 
shall submit to the congressional defense committees a report 
describing the intended use of special purpose entities to pro-
vide military family housing or utilities to support the realign-
ment of military installations and the relocation of military 
personnel on Guam. 
(2) NOTICE AND WAIT.—The Secretary of Defense may not 
authorize the use of special use entities as described in para-
graph (1) until the end of the 30-day period (15-day period 
if the report is submitted electronically) beginning on the date 
on which the report required by such paragraph is submitted. 
(c) APPLICABILITY OF UNIFIED FACILITIES CRITERIA.— 
(1) APPLICABILITY TO SECTION 2350K CONTRIBUTIONS.—Sec-
tion 2824(c)(4) of the Military Construction Authorization Act 
for Fiscal Year 2009 (division B of Public Law 110–417; 10 
U.S.C. 2687 note) is amended by adding at the end the following 
new subparagraph: 
‘‘(D) APPLICABILITY OF UNIFIED FACILITIES CRITERIA.— 
The unified facilities criteria promulgated by the Under 
Secretary of Defense for Acquisition, Technology, and Logis-
tics and dated May 29, 2002, and any successor to such 
criteria shall be the minimum standard applicable to 
projects funded using contributions referred to in sub-
section (b)(1) for a transaction authorized by paragraph 
(1).’’. 
(2) APPLICABILITY TO SPECIAL PURPOSE ENTITY CONTRIBU-
TIONS.—The unified facilities criteria promulgated by the Under 
Secretary of Defense for Acquisition, Technology, and Logistics 
and dated May 29, 2002, and any successor to such criteria 
shall be the minimum standard applicable to projects funded 
using contributions provided by a special purpose entity. 
(3) REPORT.—Not later than 180 days after the date of 
the enactment of this Act, the Secretary of Defense shall submit 
to the congressional defense committees a report containing 
an evaluation of various options, including a preferred option, 
that the Secretary could utilize to comply with the unified 
facilities criteria referred to in paragraph (2) in the acquisition 
of military housing on Guam in connection with the realignment 
of military installations and the relocation of military personnel 
on Guam. In preparing the report, the Secretary shall consider 
the impact of— 
(A) increasing the overseas housing allowance for mem-
bers of the Armed Forces serving on Guam; and 
(B) providing a direct Federal subsidy to public-private 
ventures. 
(d) SENSE OF CONGRESS ON SCOPE OF UTILITY INFRASTRUCTURE 
IMPROVEMENTS.—Section 
2821 
of 
the 
Military 
Construction 
Authorization Act for Fiscal Year 2009 (division B of Public Law 
110–417; 122 Stat. 4729) is amended— 
(1) by redesignating subsection (c) as subsection (b); and 
(2) in such subsection, by striking ‘‘should incorporate the 
civilian and military infrastructure into a single grid to realize 
and maximize the effectiveness of the overall utility system’’ 
and inserting ‘‘should support proposed utility infrastructure 
Time period. 
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123 STAT. 2671 
PUBLIC LAW 111–84—OCT. 28, 2009 
improvements on Guam that incorporate the civilian and mili-
tary infrastructure into a single grid to realize and maximize 
the effectiveness of the overall utility system, rather than 
simply supporting one or more military installations’’. 
SEC. 2833. WORKFORCE ISSUES RELATED TO MILITARY CONSTRUC-
TION AND CERTAIN OTHER TRANSACTIONS ON GUAM. 
(a) PREVAILING WAGE REQUIREMENTS.—Subsection (c) of section 
2824 of the Military Construction Authorization Act for Fiscal Year 
2009 (division B of Public Law 110–417; 10 U.S.C. 2687 note) 
is amended by adding at the end the following new paragraph: 
‘‘(5) APPLICATION OF PREVAILING WAGE REQUIREMENTS.— 
‘‘(A) IN GENERAL.—The requirements of subchapter IV 
of chapter 31 of title 40, United States Code, shall apply 
to any military construction project or other transaction 
authorized by paragraph (1) that is carried out on Guam 
using contributions referred to in subsection (b)(1) or appro-
priated funds. 
‘‘(B) SECRETARY OF LABOR AUTHORITIES.—In order to 
carry out the requirements of subparagraph (A) and para-
graph (6) (relating to composition of workforce for construc-
tion projects), the Secretary of Labor shall have the 
authority and functions set forth in Reorganization Plan 
Number 14 of 1950 and section 3145 of title 40, United 
States Code. 
‘‘(C) WAGE
RATE
DETERMINATION.—In making wage 
rate determinations pursuant to subparagraph (A), the Sec-
retary of Labor shall not include in the wage survey any 
persons 
who 
hold 
a 
visa 
described 
in 
section 
101(a)(15)(H)(ii)(b) of the Immigration and Nationality Act 
(8 U.S.C. 1101(a)(15)(H)(ii)(b)). 
‘‘(D) ADDITION TO WEEKLY STATEMENT ON THE WAGES 
PAID.—In the case of projects and other transactions cov-
ered by subparagraph (A), the weekly statement required 
by section 3145 of title 40, United States Code, shall also 
identify each employee working on the project or trans-
action 
who 
holds 
a 
visa 
described 
in 
section 
101(a)(15)(H)(ii)(b) of the Immigration and Nationality Act 
(8 U.S.C. 1101(a)(15)(H)(ii)(b)). 
‘‘(E) DURATION OF REQUIREMENTS.—The Secretary of 
Labor shall make and issue a wage rate determination 
for Guam annually until 90 percent of the funds in the 
Account and other funds made available for the realign-
ment of military installations and the relocation of military 
personnel on Guam have been expended.’’. 
(b) 
REPORTING
REQUIREMENTS
REGARDING
SUPPORT
OF 
CONSTRUCTION WORKFORCE.—Subsection (e) of such section is 
amended— 
(1) by striking ‘‘Not later than’’ and inserting the following: 
‘‘(1) MILITARY
CONSTRUCTION
INFORMATION.—Not later 
than’’; and 
(2) by adding at the end the following new paragraph: 
‘‘(2) CONSTRUCTION WORKFORCE INFORMATION.—The annual 
report shall also include an assessment of the living standards 
of the construction workforce employed to carry out military 
construction projects covered by the report, including, at a 
Determination. 
Deadline. 
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123 STAT. 2672 
PUBLIC LAW 111–84—OCT. 28, 2009 
minimum, the adequacy of contract standards and infrastruc-
ture that support temporary housing the construction workforce 
and their medical needs.’’. 
SEC. 2834. COMPOSITION OF WORKFORCE FOR CONSTRUCTION 
PROJECTS FUNDED THROUGH THE SUPPORT FOR UNITED 
STATES RELOCATION TO GUAM ACCOUNT. 
(a) COMPOSITION OF WORKFORCE.—Section 2824(c) of the Mili-
tary Construction Authorization Act for Fiscal Year 2009 (division 
B of Public Law 110–417; 10 U.S.C. 2687 note) is amended by 
inserting after paragraph (5), as added by section 2833, the fol-
lowing new paragraph: 
‘‘(6) COMPOSITION
OF
WORKFORCE
FOR
CONSTRUCTION 
PROJECTS.— 
‘‘(A) LIMITATION.—With respect to each construction 
project that is carried out using amounts described in 
subparagraph (B), no work may be performed by a person 
holding a visa described in section 101(a)(15)(H)(ii)(b) of 
the 
Immigration 
and 
Nationality 
Act 
(8 
U.S.C. 
1101(a)(15)(H)(ii)(b)) unless— 
‘‘(i) the application for that visa has been approved 
pursuant to the issuance of a temporary labor certifi-
cation by the Governor of Guam as provided under 
section 214.2 of title 8, Code of Federal Regulations; 
and 
‘‘(ii) the Governor of Guam, in consultation with 
the Secretary of Labor, makes the certification 
described in subparagraph (C) to the Secretary of 
Defense. 
‘‘(B) SOURCE OF FUNDS.—Subparagraph (A) applies to— 
‘‘(i) amounts in the Account used for projects asso-
ciated with the realignment of military installations 
and the relocation of military personnel on Guam; 
‘‘(ii) funds associated with activities under section 
2821 of this Act; and 
‘‘(iii) funds for authorized military construction 
projects. 
‘‘(C) CERTIFICATION.—The certification referred to in 
subparagraph (A) is a certification, in addition to the certifi-
cations required by section 214.2 of title 8, Code of Federal 
Regulations, that— 
‘‘(i) there are not sufficient United States workers 
who are able, willing, qualified, and available at the 
time of application for a visa and admission to the 
United States and at the place where the persons 
holding visas described in section 101(a)(15)(H)(ii)(b) 
of the Immigration and Nationality Act (8 U.S.C. 
1101(a)(15)(H)(ii)(b)) are to perform such skilled or 
unskilled labor; and 
‘‘(ii) the employment of such persons holding visas 
described in section 101(a)(15)(H)(ii)(b) of the Immigra-
tion and Nationality Act (8 U.S.C. 1101(a)(15)(H)(ii)(b)) 
will not adversely affect the wages and working condi-
tions of workers in Guam similarly employed. 
‘‘(D) SOLICITATION OF WORKERS.—In order to ensure 
compliance with subparagraph (A), as a condition of a 
contract covered by such subparagraph, the contractor shall 
Contracts. 
Recruitment 
plan. 
Applicability. 
Certification. 
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123 STAT. 2673 
PUBLIC LAW 111–84—OCT. 28, 2009 
be required to advertise and solicit for construction workers 
in the United States, including Guam, the Commonwealth 
of the Northern Mariana Islands, American Samoa, the 
Virgin Islands, and the Commonwealth of Puerto Rico, 
in accordance with a recruitment plan approved by the 
Secretary of Labor. The contractor shall submit a copy 
of the employment offer, including a description of wages 
and other terms and conditions of employment, to the 
Secretary of Labor at least 60 days before the start date 
of the workers under a contract. The contractor shall 
authorize the Secretary of Labor to post a notice of the 
employment offer on a website, with State, territorial, and 
local job banks, with State and territorial workforce agen-
cies, and with any other referral and recruitment sources 
the Secretary of Labor determines may be pertinent to 
the employment opportunity. 
‘‘(E) RECRUITMENT
PERIOD.—The Secretary of Labor 
shall ensure that a contractor’s recruitment of construction 
workers complies with the recruitment plan required by 
subparagraph (D) for a period beginning 60 days before 
the start date of workers under a contract and continuing 
for the next 28 days. During the recruitment period, the 
contractor shall interview all qualified and available United 
States construction workers who have applied for the 
employment opportunity, and, at the close of the recruit-
ment period, the contractor shall provide the Secretary 
of Labor with a recruitment report providing any reasons 
for which the contractor did not hire an applicant who 
is a qualified United States construction worker. Not later 
than 21 days before the start date of the workers under 
a contract, the Secretary of Labor shall certify to the Gov-
ernor of Guam whether the contractor has satisfied the 
recruitment plan created under subparagraph (D). 
‘‘(F) LIMITATION.—An employer, its attorney or agent, 
the Secretary of Labor, the Governor of Guam, and any 
designee thereof, may not seek or receive payment of any 
kind from any worker for any activity related to obtaining 
an H-2B labor certification with respect to any construction 
project that is carried out using amounts described in 
subparagraph (B).’’. 
(b) REPORTING REQUIREMENTS.— 
(1) SECRETARY OF DEFENSE.—Not later than June 30, 2010, 
the Secretary of Defense shall submit to the congressional 
committees specified in paragraph (3) a report containing an 
assessment of efforts to establish a Project Labor Agreement 
for construction projects associated with the Guam realignment 
as encouraged by Executive Order 13502, entitled ‘‘Use of 
Project Labor Agreements for Federal Construction Projects’’ 
(74 Fed. Reg. 6985), as a means of complying with the require-
ments of paragraph (6) of section 2824(c) of the Military 
Construction Authorization Act for Fiscal Year 2009, as added 
by subsection (a). 
(2) SECRETARY OF LABOR.—Not later than June 30, 2010, 
the Secretary of Labor shall submit to the congressional 
committees specified in paragraph (3) a report containing an 
assessment of— 
Deadline. 
Reports. 
Contracts. 
Deadline. 
Certification. 
Deadline. 
Reports. 
Contracts. 
Notice. 
Web posting. 
Determination. 
Records. 
Deadline. 
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123 STAT. 2674 
PUBLIC LAW 111–84—OCT. 28, 2009 
(A) the opportunities to expand the recruitment of 
construction workers in the United States, including Guam, 
the Commonwealth of the Northern Mariana Islands, 
American Samoa, the Virgin Islands, and the Common-
wealth of Puerto Rico, to support the realignment of mili-
tary installations and the relocation of military personnel 
on Guam, consistent with the requirements of paragraph 
(6) of section 2824(c) of the Military Construction 
Authorization Act for Fiscal Year 2009, as added by sub-
section (a); 
(B) the ability of labor markets to support the Guam 
realignment; 
(C) the sufficiency of efforts to recruit United States 
construction workers; and 
(D) The costs to the United States for recruitment 
plans required by such paragraph (6) and a proposed 
method to cover such costs. 
(3) COVERED
CONGRESSIONAL
COMMITTEES.—The reports 
required by this subsection shall be submitted to the congres-
sional defense committees, the Committee on Education and 
Labor of the House of Representatives, and the Committee 
on Health, Education, Labor, and Pensions of the Senate. 
SEC. 2835. INTERAGENCY COORDINATION GROUP OF INSPECTORS 
GENERAL FOR GUAM REALIGNMENT. 
(a) INTERAGENCY
COORDINATION
GROUP.—There is hereby 
established the Interagency Coordination Group of Inspectors Gen-
eral for Guam Realignment (in this section referred to as the 
‘‘Interagency Coordination Group’’)— 
(1) to provide for the objective conduct and supervision 
of audits and investigations relating to the programs and oper-
ations funded with amounts appropriated or otherwise made 
available for military construction on Guam in connection with 
the realignment of military installations and the relocation 
of military personnel on Guam; and 
(2) to provide for coordination of, and recommendations 
on, policies designed— 
(A) to promote economic efficiency and effectiveness 
in the administration of the programs and operations 
described in paragraph (1); and 
(B) to prevent and detect waste, fraud, and abuse 
in such programs and operations. 
(b) MEMBERSHIP.— 
(1) CHAIRPERSON.—The Inspector General of the Depart-
ment of Defense shall serve as chairperson of the Interagency 
Coordination Group. 
(2) ADDITIONAL
MEMBERS.—Additional members of the 
Interagency Coordination Group shall include the Inspector 
General of the Department of Interior and the Inspector Gen-
eral of such other Federal agencies as the chairperson considers 
appropriate to carry out the duties of the Interagency Coordina-
tion Group. 
(c) DUTIES.— 
(1) OVERSIGHT OF GUAM CONSTRUCTION.—It shall be the 
duty of the Interagency Coordination Group to conduct, super-
vise, and coordinate audits and investigations of the treatment, 
Establishment. 
10 USC 2687 
note. 
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123 STAT. 2675 
PUBLIC LAW 111–84—OCT. 28, 2009 
handling, and expenditure of amounts appropriated or other-
wise made available for military construction on Guam and 
of the programs, operations, and contracts carried out utilizing 
such funds, including— 
(A) the oversight and accounting of the obligation and 
expenditure of such funds; 
(B) the monitoring and review of construction activities 
funded by such funds; 
(C) the monitoring and review of contracts funded by 
such funds; 
(D) the monitoring and review of the transfer of such 
funds and associated information between and among 
departments, agencies, and entities of the United States 
and private and nongovernmental entities; 
(E) the maintenance of records on the use of such 
funds to facilitate future audits and investigations of the 
use of such fund; and 
(F) the monitoring and review of the implementation 
of the Defense Posture Review Initiative relating to the 
realignment of military installations and the relocation 
of military personnel on Guam. 
(2) OTHER
DUTIES
RELATED
TO
OVERSIGHT.—The Inter-
agency Coordination Group shall establish, maintain, and over-
see such systems, procedures, and controls as the Interagency 
Coordination Group considers appropriate to discharge the 
duties under paragraph (1). 
(3) OVERSIGHT PLAN.—The chairperson of the Interagency 
Coordination Group shall prepare an annual oversight plan 
detailing planned audits and reviews related to the Guam 
realignment. 
(d) ASSISTANCE FROM FEDERAL AGENCIES.— 
(1) PROVISION OF ASSISTANCE.—Upon request of the Inter-
agency Coordination Group for information or assistance from 
any department, agency, or other entity of the Federal Govern-
ment, the head of such entity shall, insofar as is practicable 
and not in contravention of any existing law, furnish such 
information or assistance to the Interagency Coordination 
Group. 
(2) 
REPORTING
OF
REFUSED
ASSISTANCE.—Whenever 
information or assistance requested by the Interagency 
Coordination Group is, in the judgment of the chairperson 
of the Interagency Coordination Group, unreasonably refused 
or not provided, the chairperson shall report the circumstances 
to the Secretary of Defense and to the congressional defense 
committees without delay. 
(e) REPORTS.— 
(1) ANNUAL REPORTS.—Not later than February 1 of each 
year, the chairperson of the Interagency Coordination Group 
shall submit to the congressional defense committees, the Sec-
retary of Defense, and the Secretary of the Interior a report 
summarizing, for the preceding calendar year, the activities 
of the Interagency Coordination Group during such year and 
the activities under programs and operations funded with 
amounts appropriated or otherwise made available for military 
construction on Guam. Each report shall include, for the year 
covered by the report, a detailed statement of all obligations, 
Deadline. 
Procedures. 
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123 STAT. 2676 
PUBLIC LAW 111–84—OCT. 28, 2009 
expenditures, and revenues associated with such construction, 
including the following: 
(A) Obligations and expenditures of appropriated 
funds. 
(B) A project-by-project and program-by-program 
accounting of the costs incurred to date for military 
construction in connection with the realignment of military 
installations and the relocation of military personnel on 
Guam, together with the estimate of the Department of 
Defense and the Department of the Interior, as applicable, 
of the costs to complete each project and each program. 
(C) Revenues attributable to or consisting of funds 
contributed by the Government of Japan in connection 
with the realignment of military installations and the 
relocation of military personnel on Guam and any obliga-
tions or expenditures of such revenues. 
(D) Operating expenses of agencies or entities receiving 
amounts appropriated or otherwise made available for mili-
tary construction on Guam. 
(E) In the case of any contract, grant, agreement, or 
other funding mechanism described in paragraph (2)— 
(i) the amount of the contract, grant, agreement, 
or other funding mechanism; 
(ii) a brief discussion of the scope of the contract, 
grant, agreement, or other funding mechanism; 
(iii) a discussion of how the department or agency 
of the United States Government involved in the con-
tract, grant, agreement, or other funding mechanism 
identified, and solicited offers from, potential individ-
uals or entities to perform the contract, grant, agree-
ment, or other funding mechanism, together with a 
list of the potential individuals or entities that were 
issued solicitations for the offers; and 
(iv) the justification and approval documents on 
which was based the determination to use procedures 
other than procedures that provide for full and open 
competition. 
(2) COVERED
CONTRACTS, 
GRANTS, 
AGREEMENTS, 
AND 
FUNDING MECHANISMS.—A contract, grant, agreement, or other 
funding mechanism described in this paragraph is any major 
contract, grant, agreement, or other funding mechanism that— 
(A) is entered into by any department or agency of 
the United States Government with any public or private 
sector entity; and 
(B) involves the use of amounts appropriated or other-
wise made available for military construction on Guam. 
(3) FORM.—Each report required under this subsection shall 
be submitted in unclassified form, but may include a classified 
annex if the Interagency Coordination Group considers it nec-
essary. 
(4) RULE OF CONSTRUCTION.—Nothing in this subsection 
shall be construed to authorize the public disclosure of informa-
tion that is— 
(A) specifically prohibited from disclosure by any other 
provision of law; 
(B) specifically required by Executive order to be pro-
tected from disclosure in the interest of national defense 
Definition. 
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123 STAT. 2677 
PUBLIC LAW 111–84—OCT. 28, 2009 
or national security or in the conduct of foreign affairs; 
or 
(C) a part of an ongoing criminal investigation. 
(5) SUBMISSION OF COMMENTS.—Not later than 30 days 
after receipt of a report under paragraph (1), the Secretary 
of Defense or the Secretary of the Interior may submit to 
the congressional defense committees any comments on the 
matters covered by the report as the Secretary concerned con-
siders appropriate. Any comments on the matters covered by 
the report shall be submitted in unclassified form, but may 
include a classified annex if the Secretary concerned considers 
it necessary. 
(f) PUBLIC AVAILABILITY; WAIVER.— 
(1) PUBLIC
AVAILABILITY.—The Interagency Coordination 
Group shall publish on a publically-available Internet website 
each report prepared under subsection (e). Any comments on 
the report submitted under paragraph (5) of such subsection 
shall also be published on such website. 
(2) WAIVER
AUTHORITY.—The President may waive the 
requirement under paragraph (1) with respect to availability 
to the public of any element in a report under subsection 
(e), or any comment with respect to a report, if the President 
determines that the waiver is justified for national security 
reasons. 
(3) NOTICE
OF
WAIVER.—The President shall publish a 
notice of each waiver made under this subsection in the Federal 
Register no later than the date on which a report required 
under subsection (e), or any comment under paragraph (5) 
of such subsection, is submitted to the congressional defense 
committees. The report and comments shall specify whether 
waivers under this subsection were made and with respect 
to which elements in the report or which comments, as appro-
priate. 
(g) DEFINITIONS.—In this section: 
(1) AMOUNTS APPROPRIATED OR OTHERWISE MADE AVAIL-
ABLE.—The term ‘‘amounts appropriated or otherwise made 
available for military construction on Guam’’ includes amounts 
derived from the Support for United States Relocation to Guam 
Account. 
(2) GUAM.—The term ‘‘Guam’’ includes any island in the 
Northern Mariana Islands. 
(h) TERMINATION.— 
(1) IN
GENERAL.—The Interagency Coordination Group 
shall terminate upon the expenditure of 90 percent of all funds 
appropriated or otherwise made available for Guam realign-
ment. 
(2) FINAL REPORT.—Before the termination of the Inter-
agency Coordination Group pursuant to paragraph (1), the 
chairperson of the Interagency Coordination Group shall pre-
pare and submit to the congressional defense committees a 
final report containing— 
(A) notice that the termination condition in paragraph 
(1) has occurred; and 
(B) a final forensic audit on programs and operations 
funded with amounts appropriated or otherwise made 
available for military construction on Guam. 
Termination 
date. 
Federal Register, 
publication. 
Deadline. 
Determination. 
Web posting. 
President. 
Deadline. 
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123 STAT. 2678 
PUBLIC LAW 111–84—OCT. 28, 2009 
SEC. 2836. COMPLIANCE WITH NAVAL AVIATION SAFETY REQUIRE-
MENTS AS CONDITION ON ACCEPTANCE OF REPLACE-
MENT FACILITY FOR MARINE CORPS AIR STATION, 
FUTENMA, OKINAWA. 
(a) IN GENERAL.—The Secretary of Defense may not accept, 
or authorize any other official of the Department of Defense to 
accept, a replacement facility in Okinawa for air operations con-
ducted at Marine Corps Air Station, Futenma, Okinawa until the 
Secretary reports to the congressional defense committees that the 
replacement facility and its planned operating procedures are con-
sistent with naval aviation safety requirements. 
(b) EXERCISE OF WAIVER AUTHORITIES.— 
(1) RULE OF CONSTRUCTION.—Nothing in this section shall 
be construed as preventing the Secretary from exercising 
existing waiver authorities provided the Secretary first deter-
mines the waiver is necessary in the interest of national 
defense. 
(2) REQUIRED REPORTING OF EFFORTS.—The report specified 
under subsection (a) shall clearly identify efforts made to miti-
gate deviations from criteria in the planning and construction 
of the replacement facility described in such subsection. 
SEC. 2837. REPORT AND SENSE OF CONGRESS ON MARINE CORPS 
REQUIREMENTS IN ASIA-PACIFIC REGION. 
(a) REPORT REQUIRED.—Not later than 180 days after the date 
of the enactment of this Act, the Secretary of Defense shall submit 
to the congressional defense committees a report on the training 
and readiness requirements necessary for Marine Forces Pacific, 
the field command of the Marine Corps within the United States 
Pacific Command. 
(b) CONTENTS
OF REPORT.—The report required under sub-
section (a) shall contain each of the following: 
(1) A description of the units of the Marine Corps expected 
to be assigned or realigned on a permanent or temporary basis 
to Marine Forces Pacific, including the type of unit, the 
organizational element, the current location of the unit, and 
proposed location for the unit. 
(2) A description of the training requirements necessary 
to sustain the current and planned realignment of forces speci-
fied in paragraph (1). 
(3) A description of the strategic- and tactical-lift require-
ments associated with the training, operational readiness, and 
movement of Marine Forces Pacific, including programming 
information regarding the intent of the Department of Defense 
to eliminate deficiencies in the strategic-lift capabilities. 
(c) SENSE
OF CONGRESS.—It is the sense of Congress that 
an evaluation of training and readiness requirements for Marine 
Forces Pacific— 
(1) should be conducted and completed as soon as possible; 
(2) should include an analysis that, at a minimum, reviews 
the capabilities required to support the training, operational 
readiness, and movement of Marine Air-Ground Task Force; 
and 
(3) should not impact the implementation of the recently 
signed international agreement entitled ‘‘Agreement between 
the Government of the United States of America and the 
Government of Japan concerning the Implementation of the 
Determination. 
Reports. 
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123 STAT. 2679 
PUBLIC LAW 111–84—OCT. 28, 2009 
Relocation of the III Marine Expeditionary Force Personnel 
and their Dependents from Okinawa to Guam’’. 
Subtitle D—Energy Security 
SEC. 2841. ADOPTION OF UNIFIED ENERGY MONITORING AND UTILITY 
CONTROL 
SYSTEM 
SPECIFICATION 
FOR 
MILITARY 
CONSTRUCTION AND MILITARY FAMILY HOUSING ACTIVI-
TIES. 
(a) ADOPTION REQUIRED.— 
(1) IN GENERAL.—Subchapter III of chapter 169 of title 
10, United States Code, is amended by inserting after section 
2866 the following new section: 
‘‘§ 2867. Energy monitoring and utility control system speci-
fication for military construction and military 
family housing activities 
‘‘(a) ADOPTION OF DEPARTMENT-WIDE, OPEN PROTOCOL, ENERGY 
MONITORING
AND UTILITY CONTROL SYSTEM SPECIFICATION.—(1) 
The Secretary of Defense shall adopt an open protocol energy moni-
toring and utility control system specification for use throughout 
the Department of Defense in connection with a military construc-
tion project, military family housing activity, or other activity under 
this chapter for the purpose of monitoring and controlling, with 
respect to the project or activity, the items specified in paragraph 
(2) with the goal of establishing installation-wide energy monitoring 
and utility control systems. 
‘‘(2) The energy monitoring and utility control system specifica-
tion required by paragraph (1) shall cover the following: 
‘‘(A) Utilities and energy usage, including electricity, gas, 
steam, and water usage. 
‘‘(B) Indoor environments, including temperature and 
humidity levels. 
‘‘(C) Heating, ventilation, and cooling components. 
‘‘(D) Central plant equipment. 
‘‘(E) Renewable energy generation systems. 
‘‘(F) Lighting systems. 
‘‘(G) Power distribution networks. 
‘‘(b) EXCLUSION.—(1) The energy monitoring and utility control 
system specification required by subsection (a) is not required to 
apply to projects carried out under the authority provided in sub-
chapter IV of chapter 169 of this title. 
‘‘(2) The Secretary concerned may waive the application of 
the energy monitoring and utility control system specification 
required by subsection (a) with respect to a specific military 
construction project, military family housing activity, or other 
activity under this chapter if the Secretary determines that the 
application of the specification to the project or activity is not 
life cycle cost-effective. The Secretary concerned shall notify the 
congressional defense committees of any waiver granted under this 
paragraph.’’. 
Notification. 
Waiver authority. 
Determination. 
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123 STAT. 2680 
PUBLIC LAW 111–84—OCT. 28, 2009 
(2) CLERICAL AMENDMENT.—The table of sections at the 
beginning of subchapter III is amended by inserting after the 
item relating to section 2866 the following new item: 
‘‘2867. Energy monitoring and utility control system specification for military con-
struction and military family housing activities.’’. 
(3) DEADLINE FOR ADOPTION.—The Secretary of Defense 
shall adopt the open protocol energy monitoring and utility 
control system specification required by section 2867 of title 
10, United States Code, as added by paragraph (1), not later 
than 180 days after the date of the enactment of this Act. 
(b) REPORTING REQUIREMENT.—Not later than 180 days after 
the date of the enactment of the Act, the Secretary of Defense 
shall submit to the congressional defense committees a report con-
taining the following items: 
(1) A contract specification that will implement the open 
protocol energy monitoring and utility control system specifica-
tion required by section 2867 of title 10, United States Code, 
as added by subsection (a). 
(2) A description of the method to ensure compliance of 
the Department of Defense information assurance certification 
and accreditation process. 
(3) A plan and expected timetable for integration of the 
standard with the energy monitoring and utility control sys-
tems. 
(4) A list of the justifications and authorizations provided 
by the Department, pursuant to Federal Acquisition Regulation 
Chapter 6.3, relating to Other Than Full and Open Competition, 
for energy monitoring and utility control systems during fiscal 
year 2009. 
SEC. 2842. DEPARTMENT OF DEFENSE GOAL REGARDING USE OF 
RENEWABLE ENERGY SOURCES TO MEET FACILITY 
ENERGY NEEDS. 
(a) FACILITY BASIS OF GOAL.—Subsection (e) of section 2911 
of title 10, United States Code, is amended— 
(1) by redesignating paragraphs (1) and (2) as subpara-
graphs (A) and (B), respectively; 
(2) in subparagraph (A) (as so redesignated)— 
(A) by striking ‘‘electric energy’’ and inserting ‘‘facility 
energy’’; 
(B) by striking ‘‘and in its activities’’; and 
(C) by striking ‘‘(as defined in section 203(b) of the 
Energy Policy Act of 2005 (42 U.S.C. 15852(b)))’’; and 
(3) in subparagraph (B) (as so redesignated), by striking 
‘‘electric energy’’ and inserting ‘‘facility energy’’. 
(b) DEFINITION OF RENEWABLE ENERGY SOURCE.—Such sub-
section is further amended— 
(1) by striking ‘‘It shall be’’ and inserting ‘‘(1) It shall 
be’’; and 
(2) by adding at the end the following new paragraph: 
‘‘(2) In this subsection, the term ‘renewable energy source’ 
means energy generated from renewable sources, including the 
following: 
‘‘(A) Solar. 
‘‘(B) Wind. 
‘‘(C) Biomass. 
‘‘(D) Landfill gas. 
10 USC 2867 
note. 
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123 STAT. 2681 
PUBLIC LAW 111–84—OCT. 28, 2009 
‘‘(E) Ocean, including tidal, wave, current, and thermal. 
‘‘(F) Geothermal, including electricity and heat pumps. 
‘‘(G) Municipal solid waste. 
‘‘(H) New hydroelectric generation capacity achieved from 
increased efficiency or additions of new capacity at an existing 
hydroelectric project. For purposes of this subparagraph, hydro-
electric generation capacity is ‘new’ if it was placed in service 
on or after January 1, 1999. 
‘‘(I) Thermal energy generated by any of the preceding 
sources.’’. 
(c) CLERICAL AMENDMENT.—The heading of such subsection 
is amended by striking ‘‘ELECTRICITY
NEEDS’’ and inserting 
‘‘FACILITY ENERGY NEEDS’’. 
SEC. 2843. DEPARTMENT OF DEFENSE PARTICIPATION IN PROGRAMS 
FOR MANAGEMENT OF ENERGY DEMAND OR REDUCTION 
OF ENERGY USAGE DURING PEAK PERIODS. 
(a) IN GENERAL.—Subchapter I of chapter 173 of title 10, United 
States Code, is amended by adding at the end the following new 
section: 
‘‘§ 2919. Department of Defense participation in programs 
for management of energy demand or reduction 
of energy usage during peak periods 
‘‘(a) PARTICIPATION IN DEMAND RESPONSE OR LOAD MANAGE-
MENT PROGRAMS.—The Secretary of Defense, the Secretaries of 
the military departments, the heads of the Defense Agencies, and 
the heads of other instrumentalities of the Department of Defense 
are authorized to participate in demand response programs for 
the management of energy demand or the reduction of energy 
usage during peak periods conducted by any of the following parties: 
‘‘(1) An electric utility. 
‘‘(2) An independent system operator. 
‘‘(3) A State agency. 
‘‘(4) A third party entity (such as a demand response 
aggregator or curtailment service provider) implementing 
demand response programs on behalf of an electric utility, 
independent system operator, or State agency. 
‘‘(b) TREATMENT OF CERTAIN FINANCIAL INCENTIVES.—Financial 
incentives received from an entity specified in subsection (a) shall 
be— 
‘‘(1) received as a cost reduction in the utility bill for 
a facility; or 
‘‘(2) deposited into the fund established under subsection 
(c) for use, to the extent provided for in an appropriations 
Act, by the military department, Defense Agency, or instrumen-
tality receiving such financial incentive for energy management 
initiatives. 
‘‘(c) ENERGY SAVINGS FINANCIAL INCENTIVES FUND.—There is 
established in the Treasury a fund to be known as the ‘Energy 
Savings Financial Incentives Fund’. The Fund shall consist of any 
amount deposited in the Fund pursuant to subsection (b)(2) and 
amounts appropriated or otherwise made available to the Fund 
by law.’’. 
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123 STAT. 2682 
PUBLIC LAW 111–84—OCT. 28, 2009 
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of such subchapter is amended by adding at the end the 
following new item: 
‘‘2919. Department of Defense participation in programs for management of energy 
demand or reduction of energy usage during peak periods.’’. 
SEC. 2844. DEPARTMENT OF DEFENSE USE OF ELECTRIC AND HYBRID 
MOTOR VEHICLES. 
(a) PREFERENCE.—Subchapter II of chapter 173 of title 10, 
United States Code, is amended by adding at the end the following 
new section: 
‘‘§ 2922g. Preference for motor vehicles using electric or 
hybrid propulsion systems 
‘‘(a) PREFERENCE.—In leasing or procuring motor vehicles for 
use by a military department or Defense Agency, the Secretary 
of the military department or the head of the Defense Agency 
shall provide a preference for the lease or procurement of motor 
vehicles using electric or hybrid propulsion systems, including plug- 
in hybrid systems, if the electric or hybrid vehicles— 
‘‘(1) will meet the requirements or needs of the Department 
of Defense; and 
‘‘(2) are commercially available at a cost, including oper-
ating cost, reasonably comparable to motor vehicles containing 
only an internal combustion or heat engine using combustible 
fuel. 
‘‘(b) EXCEPTION.—Subsection (a) does not apply with respect 
to tactical vehicles designed for use in combat. 
‘‘(c) RELATION TO OTHER VEHICLE TECHNOLOGIES THAT REDUCE 
CONSUMPTION OF FOSSIL FUELS.—The preference required by sub-
section (a) does not preclude the Secretary of Defense from author-
izing the Secretary of a military department or head of a Defense 
Agency to provide a preference for another vehicle technology that 
reduces the consumption of fossil fuels if the Secretary of Defense 
determines that the technology is consistent with the energy 
performance goals and plan of the Department required by section 
2911 of this title. 
‘‘(d) HYBRID DEFINED.—In this section, the term ‘hybrid’, with 
respect to a motor vehicle, means a motor vehicle that draws 
propulsion energy from onboard sources of stored energy that are 
both— 
‘‘(1) an internal combustion or heat engine using combus-
tible fuel; and 
‘‘(2) a rechargeable energy storage system.’’. 
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of such subchapter is amended by adding at the end the 
following new item: 
‘‘2922g. Preference for motor vehicles using electric or hybrid propulsion systems.’’. 
(c) REGULATIONS.—The Secretary of Defense shall prescribe 
regulations to implement section 2922g of title 10, United States 
Code, as added by subsection (a), within one year after the date 
of the enactment of this Act. 
Deadline. 
10 USC 2922g 
note. 
Determination. 
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123 STAT. 2683 
PUBLIC LAW 111–84—OCT. 28, 2009 
SEC. 2845. STUDY ON DEVELOPMENT OF NUCLEAR POWER PLANTS 
ON MILITARY INSTALLATIONS. 
(a) STUDY REQUIRED.—The Secretary of Defense shall conduct 
a study to assess the feasibility of developing nuclear power plants 
on military installations. 
(b) ELEMENTS.—As part of the study required by subsection 
(a), the Secretary shall— 
(1) summarize options available to the Department to enter 
into public-private partnerships or other transactions for the 
construction and operation of the nuclear power plants; 
(2) estimate the potential cost per kilowatt-hour and life- 
cycle cost savings to the Department; 
(3) consider the potential energy security advantages of 
generating electricity on military installations through the use 
of nuclear power plants; 
(4) assess the additional infrastructure that would be 
needed to enable the power plants to provide power through 
the general electricity grid and to military installations in 
the event of a commercial grid failure; 
(5) consider the potential impact on the quality of life 
of personnel stationed at military installations at which a 
nuclear power plant is installed and ways to mitigate those 
impacts; 
(6) review the range of Federal, State, and local regulatory 
processes governing the establishment of nuclear power plants 
on military installations; 
(7) assess the degree to which nuclear power plants might 
adversely affect operations on military installations, including 
consideration of training and readiness requirements; 
(8) assess potential environmental liabilities for the Depart-
ment; 
(9) consider factors impacting safe co-location and operation 
of nuclear power plants on military installations; and 
(10) consider other factors that affect the development of 
nuclear power plants on military installations. 
(c) SUBMISSION OF RESULTS OF STUDY.—Not later than June 
1, 2010, the Secretary shall submit to the Committees on Armed 
Services of the Senate and House of Representatives a report con-
taining the results of the study required by subsection (a). 
SEC. 2846. COMPTROLLER GENERAL REPORT ON DEPARTMENT OF 
DEFENSE RENEWABLE ENERGY INITIATIVES, INCLUDING 
SOLAR INITIATIVES, ON MILITARY INSTALLATIONS. 
(a) REPORT REQUIRED.—Not later than 180 days after the date 
of the enactment of this Act, the Comptroller General shall submit 
to Congress a report describing all renewable energy initiatives, 
including projects involving the installation of solar panels, that 
are currently producing energy or are under development on mili-
tary installations. 
(b) ELEMENTS.—The report required by subsection (a) shall— 
(1) specify the costs associated with each renewable energy 
initiative; 
(2) address whether the renewable energy initiative has 
a clearly delineated set of goals or targets and whether the 
goals or targets are being met or are likely to be met by 
the completion of the renewable energy initiative; and 
Deadline. 
Reports. 
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(3) contain recommendations for legislative or administra-
tive actions that will assist— 
(A) renewable energy initiatives in meeting the goals 
or targets; and 
(B) the Department of Defense in achieving its renew-
able energy goal by 2025, as specified in section 2911(e) 
of title 10, United States Code. 
Subtitle E—Land Conveyances 
SEC. 2851. LAND CONVEYANCE, HAINES TANK FARM, HAINES, ALASKA. 
(a) CONVEYANCE AUTHORIZED.—The Secretary of the Army may 
convey to the Chilkoot Indian Association (in this section referred 
to as the ‘‘Association’’) all right, title, and interest of the United 
States in and to a parcel of real property, including improvements 
thereon, consisting of approximately 201 acres located at the former 
Haines Fuel Terminal (also known as the Haines Tank Farm) 
in Haines, Alaska, for the purpose of permitting the Association 
to develop a Deep Sea Port and for other industrial and commercial 
development purposes. To the extent practicable, the Secretary 
is encouraged to complete the conveyance by September 30, 2013, 
but not prior to the date of completion of all obligations referenced 
in subsection (e). 
(b) CONSIDERATION.—As consideration for the conveyance under 
subsection (a), the Association shall pay to the Secretary an amount 
equal to the fair market value of the property, as determined 
by the Secretary. The determination of the Secretary shall be final. 
(c) REVERSIONARY INTEREST.—If the Secretary determines at 
any time that the real property conveyed under subsection (a) 
is not being used in accordance with the purpose of the conveyance, 
all right, title, and interest in and to such real property, including 
any improvements and appurtenant easements thereto, shall, at 
the option of the Secretary, revert to and become the property 
of the United States, and the United States shall have the right 
of immediate entry onto such real property. A determination by 
the Secretary under this subsection shall be made on the record 
after an opportunity for a hearing. 
(d) PAYMENT OF COSTS OF CONVEYANCES.— 
(1) PAYMENT REQUIRED.—The Secretary shall require the 
Association to cover costs to be incurred by the Secretary, 
or to reimburse the Secretary for costs incurred by the Sec-
retary, to carry out the conveyance under subsection (a), 
including survey costs, costs related to environmental docu-
mentation, and other administrative costs related to the convey-
ance. If amounts are collected from the Association in advance 
of the Secretary incurring the actual costs, and the amount 
collected exceeds the costs actually incurred by the Secretary 
to carry out the conveyance, the Secretary shall refund the 
excess amount to the Association. 
(2) TREATMENT OF AMOUNTS RECEIVED.—Amounts received 
as reimbursements under paragraph (1) shall be credited to 
the fund or account that was used to cover the costs incurred 
by the Secretary in carrying out the conveyance. Amounts 
so credited shall be merged with amounts in such fund or 
account and shall be available for the same purposes, and 
Records. 
Payments. 
Determination. 
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123 STAT. 2685 
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subject to the same conditions and limitations, as amounts 
in such fund or account. 
(e) SAVINGS PROVISION.—Nothing in this section shall be con-
strued to affect or limit the application of, or any obligation to 
comply with, any environmental law, including the National 
Environmental Policy Act (42 U.S.C. 4321 et seq.), the Comprehen-
sive Environmental Response, Compensation, and Liability Act of 
1980 (42 U.S.C. 9601 et seq.) and the Solid Waste Disposal Act 
(42 U.S.C. 6901 et seq.). 
(f) DESCRIPTION OF PROPERTY.—The exact acreage and legal 
description of the real property to be conveyed under this section 
shall be determined by a survey satisfactory to the Secretary. 
(g) ADDITIONAL TERM AND CONDITIONS.—The Secretary may 
require such additional terms and conditions in connection with 
the conveyance under this section as the Secretary considers appro-
priate to protect the interests of the United States. 
SEC. 2852. RELEASE OF REVERSIONARY INTEREST, CAMP JOSEPH T. 
ROBINSON, ARKANSAS. 
The United States releases to the State of Arkansas the rever-
sionary interest described in sections 2 and 3 of the Act entitled 
‘‘An Act authorizing the transfer of part of Camp Joseph T. Robinson 
to the State of Arkansas’ ’’’, approved June 30, 1950 (64 Stat. 311, 
chapter 429), in and to the surface estate of the land constituting 
Camp Joseph T. Robinson, Arkansas, which is comprised of 40.515 
acres of land to be acquired by the United States of America 
and 40.513 acres to be acquired by the City of North Little Rock, 
Arkansas, and lies in sections 6, 8, and 9 of township 2 North, 
Range 12 West, Pulaski County, Arkansas. 
SEC. 2853. TRANSFER OF ADMINISTRATIVE JURISDICTION, PORT CHI-
CAGO NAVAL MAGAZINE, CALIFORNIA. 
(a) TRANSFER REQUIRED; ADMINISTRATION.—Section 203 of the 
Port Chicago National Memorial Act of 1992 (Public Law 102– 
562; 16 U.S.C. 431 note; 106 Stat. 4235) is amended by striking 
subsection (c) and inserting the following new subsections: 
‘‘(c) ADMINISTRATION.—The Secretary of the Interior shall 
administer the Port Chicago Naval Magazine National Memorial 
as a unit of the National Park System in accordance with this 
Act and laws generally applicable to units of the National Park 
System, including the National Park Service Organic Act (39 Stat. 
535; 16 U.S.C. 1 et seq.) and the Act of August 21, 1935 (49 
Stat. 666; 16 U.S.C. 461 et seq.). Land transferred to the administra-
tive jurisdiction of the Secretary of the Interior under subsection 
(d) shall be administered in accordance with this subsection. 
‘‘(d) TRANSFER
OF LAND.—The Secretary of the Army shall 
transfer to the Secretary of the Interior administrative jurisdiction 
over of a parcel of land consisting of approximately five acres, 
depicted within the proposed boundary on the map entitled ‘Port 
Chicago Naval Magazine National Memorial, Proposed Boundary’, 
numbered 018/80,001, and dated August 2005, if the Secretary 
of the Army determines that the land is in excess to military 
needs. At the time of the transfer of administrative jurisdiction, 
the Secretary of the Army and the Secretary of the Interior shall 
enter into an agreement to determine the responsibilities of the 
respective agencies in the application of, or obligation to comply 
with, any applicable environmental law affecting the transferred 
Contracts. 
Determination. 
Determination. 
Survey. 
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123 STAT. 2686 
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land, including the Comprehensive Environmental Response, Com-
pensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.). 
‘‘(e) PUBLIC ACCESS.—The Secretary of the Army shall enter 
into an agreement with the Secretary of the Interior to provide 
as much public access as possible to the Port Chicago Naval Maga-
zine National Memorial without interfering with military needs. 
This subsection shall no longer apply if, at some point in the 
future, the National Memorial ceases to be an enclave within the 
Military Ocean Terminal–Concord. 
‘‘(f) AGREEMENT
WITH
CITY
OF
CONCORD
AND
EAST
BAY 
REGIONAL PARK DISTRICT.—The Secretary of the Interior is author-
ized to enter into an agreement with the City of Concord, California, 
and the East Bay Regional Park District, to establish and operate 
a facility for visitor orientation and parking, administrative offices, 
and curatorial storage for the National Memorial. 
‘‘(g) SAVINGS PROVISION.—Nothing in this section shall be con-
strued to affect or limit the application of, or any obligation to 
comply with, any environmental law, including the National 
Environmental Policy Act (42 U.S.C. 4321 et seq.), the Comprehen-
sive Environmental Response, Compensation, and Liability Act of 
1980 (42 U.S.C. 9601 et seq.) and the Solid Waste Disposal Act 
(42 U.S.C. 6901 et seq.).’’. 
(b) SENSE
OF CONGRESS
ON REPAIR
AND MODIFICATION
OF 
NATIONAL MEMORIAL.—In accordance with public access provided 
by section 203(e) of the Port Chicago National Memorial Act of 
1992, as amended by subsection (a), it is the sense of Congress 
that the Secretary of the Army and the Secretary of the Interior 
should work together to develop a process by which future repairs 
and modifications to mutually used infrastructure at the Port Chi-
cago Naval Magazine National Memorial can be carried out in 
as timely and cost-effective a manner as possible. 
SEC. 2854. LAND CONVEYANCE, FERNDALE HOUSING AT CENTERVILLE 
BEACH NAVAL FACILITY TO CITY OF FERNDALE, CALI-
FORNIA. 
(a) CONVEYANCE AUTHORIZED.—At such time as the Navy 
vacates the Ferndale Housing, which previously supported the now 
closed Centerville Beach Naval Facility in the City of Ferndale, 
California, the Secretary of the Navy may convey, at fair market 
value, to the City of Ferndale (in this section referred to as the 
‘‘City’’), all right, title, and interest of the United States in and 
to the parcels of real property, including improvements thereon, 
for the purpose of permitting the City to utilize the property for 
low- and moderate-income housing for seniors, families, or both. 
(b) DESCRIPTION OF PROPERTY.—The exact acreage and legal 
description of the real property to be conveyed under subsection 
(a) shall be determined by a survey satisfactory to the Secretary 
of the Navy. 
(c) PAYMENT OF COSTS OF CONVEYANCES.— 
(1) PAYMENT REQUIRED.—The Secretary of the Navy shall 
require the City to cover costs to be incurred by the Secretary, 
or to reimburse the Secretary for costs incurred by the Sec-
retary, to carry out the conveyance under subsection (a), 
including survey costs, costs related to environmental docu-
mentation, and other administrative costs related to the convey-
ance. If amounts are collected from the city in advance of 
Determination. 
Survey. 
Contracts. 
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the Secretary incurring the actual costs, and the amount col-
lected exceeds the costs actually incurred by the Secretary 
to carry out the conveyance, the Secretary shall refund the 
excess amount to the City. 
(2) TREATMENT OF AMOUNTS RECEIVED.—Amounts received 
as reimbursements under paragraph (1) shall be credited to 
the fund or account that was used to cover the costs incurred 
by the Secretary of the Navy in carrying out the conveyance. 
Amounts so credited shall be merged with amounts in such 
fund or account and shall be available for the same purposes, 
and subject to the same conditions and limitations, as amounts 
in such fund or account. 
(d) TRANSFER
OF PROCEEDS AUTHORIZED.—The Secretary of 
Defense may transfer any proceeds received from the conveyance 
under subsection (a), less amounts received as reimbursement for 
costs under subsection (c), to the Department of Defense Family 
Housing Improvement Fund established under section 2883(a) of 
title 10, United States Code, for the purposes of carrying out activi-
ties under subchapter IV of chapter 169 of that title with respect 
to military family housing. 
(e) ADDITIONAL TERM AND CONDITIONS.—The Secretary of the 
Navy may require such additional terms and conditions in connec-
tion with the conveyance under subsection (a) as the Secretary 
of the Navy considers appropriate to protect the interests of the 
United States. 
SEC. 2855. LAND CONVEYANCES, NAVAL AIR STATION, BARBERS POINT, 
HAWAII. 
(a) CONVEYANCES AUTHORIZED.—The Secretary of the Navy 
may convey all right, title, and interest of the United States in 
and to the parcels of real property, including any improvements 
thereon, described in subsection (b) and located at former Naval 
Air Station, Barbers Point, Oahu, Hawaii— 
(1) to the Hawaii Community Development Authority (in 
this section referred to as the ‘‘Authority’’), which is the local 
redevelopment authority for former Naval Air Station, Barbers 
Point; or 
(2) to the Department of Hawaiian Homelands (in this 
section referred to as the ‘‘Department’’). 
(b) COVERED PARCELS.—The real property authorized to be 
conveyed under subsection (a) includes the following: 
(1) An approximately 10.569-acre parcel of land identified 
as ‘‘Parcel No. 13126 B’’ and further identified by Oahu Tax 
Map Key No. 9–1–031:047. 
(2) An approximately 145.785-acre parcel of land identified 
as ‘‘Parcel No. 13058 D’’ and further identified by Oahu Tax 
Map Key No. 9–1–013:039. 
(3) An approximately 9.303-acre parcel of land identified 
as ‘‘Parcel No. 13058 F’’ and further identified by Oahu Tax 
Map Key No. 9–1–013:041. 
(4) An approximately 57.937-acre parcel of land identified 
as ‘‘Parcel No. 13058 G’’ and further identified by Oahu Tax 
Map Key No. 9–1–013:042. 
(5) An approximately 11.501-acre parcel of land identified 
as ‘‘Parcel No. 13073 D’’ and further identified by Oahu Tax 
Map Key No. 9–1–013:069. 
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(6) An approximately 65.356-acre parcel of land identified 
as ‘‘Parcel No. 13073 B’’ and further identified by Oahu Tax 
Map Key No. 9–1–013:067. 
(7) Any other property at former Naval Air Station, Barbers 
Point identified for closure through the base closure process. 
(c) CONSIDERATION.— 
(1) AUTHORITY CONVEYANCES.—Any conveyance under sub-
section (a)(1) to the Authority shall be made without consider-
ation if the conveyed real property is to be used for public 
benefit, as determined by the Secretary. 
(2) DEPARTMENT
CONVEYANCES.—Any conveyance under 
subsection (a)(2) to the Department shall be made to mitigate 
further claims associated with the Hawaiian Home Lands 
Recovery Act (title II of Public Law 104–42; 109 Stat. 357; 
48 U.S.C. 491 note prec.). 
(d) PAYMENT OF COSTS OF CONVEYANCES.— 
(1) PAYMENT REQUIRED.—The Secretary shall require the 
Authority or the Department, as the case may be, to cover 
costs to be incurred by the Secretary, or to reimburse the 
Secretary for costs incurred by the Secretary, to carry out 
a conveyance under subsection (a), including survey costs, costs 
related to environmental documentation, and other administra-
tive costs related to the conveyance. If amounts are collected 
in advance of the Secretary incurring the actual costs, and 
the amount collected exceeds the costs actually incurred by 
the Secretary to carry out the conveyance, the Secretary shall 
refund the excess amount to the Authority or the Department, 
whichever entity paid the excess amount. 
(2) TREATMENT OF AMOUNTS RECEIVED.—Amounts received 
as reimbursements under paragraph (1) shall be credited to 
the fund or account that was used to cover the costs incurred 
by the Secretary in carrying out the conveyance. Amounts 
so credited shall be merged with amounts in such fund or 
account and shall be available for the same purposes, and 
subject to the same conditions and limitations, as amounts 
in such fund or account. 
(e) SAVINGS PROVISION.—Nothing in this section shall be con-
strued to affect or limit the application of, or any obligation to 
comply with, any environmental law, including the Comprehensive 
Environmental Response, Compensation, and Liability Act of 1980 
(42 U.S.C. 9601 et seq.) and the Solid Waste Disposal Act (42 
U.S.C. 6901 et seq.). 
(f) DESCRIPTION OF PROPERTY.—The exact acreage and legal 
descriptions of the parcels of real property to be conveyed under 
subsection (a) shall be determined by a survey satisfactory to the 
Secretary. 
(g) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may 
require such additional terms and conditions, including easements 
or covenants to protect cultural or natural resources, in connection 
with the conveyances under subsection (a) as the Secretary con-
siders appropriate to protect the interests of the United States. 
SEC. 2856. LAND CONVEYANCES OF CERTAIN PARCELS IN THE CAMP 
CATLIN AND OHANA NUI AREAS, PEARL HARBOR, HAWAII. 
(a) CONVEYANCES AUTHORIZED.—The Secretary of the Navy 
may convey to any person or entity leasing or licensing real property 
located at Camp Catlin and Ohana Nui areas, Hawaii, as of the 
Determination. 
Survey. 
Determination. 
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123 STAT. 2689 
PUBLIC LAW 111–84—OCT. 28, 2009 
date of the enactment of this Act (in this section referred to as 
the ‘‘lessee’’) all right, title, and interest of the United States in 
and to the portion of such property that is respectively leased 
or licensed by such person or entity for the purpose of continuing 
the same functions as are being conducted on the property as 
of the date of the enactment of this Act. 
(b) CONSIDERATION.—As consideration for a conveyance under 
subsection (a), the lessee shall provide the United States, whether 
by cash payment, in-kind consideration described in section 2667(c) 
of title 10, United States Code, or a combination thereof, an amount 
that is not less than the fair market of the conveyed property, 
as determined pursuant to an appraisal acceptable to the Secretary. 
(c) EXERCISE OF RIGHT TO PURCHASE PROPERTY.— 
(1) ACCEPTANCE OF OFFER.—For a period of 180 days begin-
ning on the date the Secretary makes a written offer to convey 
the property or any portion thereof under subsection (a), the 
lessee shall have the exclusive right to accept such offer by 
providing written notice of acceptance to the Secretary within 
the specified 180-day time period. If the Secretary’s offer is 
not so accepted within the 180-day period, the offer shall expire. 
(2) CONVEYANCE DEADLINE.—If a lessee accepts the offer 
to convey the property or a portion thereof in accordance with 
paragraph (1), the conveyance shall take place not later than 
2 years after the date of the lessee’s written acceptance, pro-
vided that the conveyance date may be extended for a reason-
able period of time by mutual agreement of the parties, evi-
denced by a written instrument executed by the parties prior 
to the end of the 2-year period. If the lessee’s lease or license 
term expires before the conveyance is completed, the Secretary 
may extend the lease or license term up to the date of convey-
ance, provided that the lessee shall be required to pay for 
such extended term at the rate in effect at the time it was 
declared excess property. 
(d) PAYMENT OF COSTS OF CONVEYANCES.— 
(1) PAYMENT REQUIRED.—The Secretary shall require the 
lessee to cover costs to be incurred by the Secretary, or to 
reimburse the Secretary for costs incurred by the Secretary, 
to carry out a conveyance under subsection (a), including survey 
costs, related to the conveyance. If amounts are collected from 
the lessee in advance of the Secretary incurring the actual 
costs, and the amount collected exceeds the costs actually 
incurred by the Secretary to carry out the conveyance, the 
Secretary shall refund the excess amount to the lessee. 
(2) TREATMENT OF AMOUNTS RECEIVED.—Amounts received 
under paragraph (1) as reimbursement for costs incurred by 
the Secretary to carry out a conveyance under subsection (a) 
shall be credited to the fund or account that was used to 
cover the costs incurred by the Secretary in carrying out the 
conveyance. Amounts so credited shall be merged with amounts 
in such fund or account and shall be available for the same 
purposes, and subject to the same conditions and limitations, 
as amounts in such fund or account. 
(e) DESCRIPTION OF PROPERTY.—The exact acreage and legal 
description of any real property to be conveyed under subsection 
(a) shall be determined by a survey satisfactory to the Secretary. 
(f) ADDITIONAL TERM
AND CONDITIONS.—The Secretary may 
require such additional terms and conditions in connection with 
Determination. 
Survey. 
Contracts. 
Expiration date. 
Time period. 
Notice. 
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123 STAT. 2690 
PUBLIC LAW 111–84—OCT. 28, 2009 
a conveyance under subsection (a) as the Secretary considers appro-
priate to protect the interests of the United States. 
SEC. 2857. MODIFICATION OF LAND CONVEYANCE, FORMER GRIFFISS 
AIR FORCE BASE, NEW YORK. 
(a) ADDITIONAL CONVEYANCE.—Subsection (a)(1) of section 2873 
of the Military Construction Authorization Act for Fiscal Year 2005 
(division B of Public Law 108–375; 118 Stat. 2152) is amended 
by striking ‘‘two parcels’’ and all that follows through the period 
at the end and inserting the following: ‘‘three parcels of real prop-
erty consisting of 7.897 acres, 1.742 acres, and 5.037 acres, respec-
tively, and containing all or a portion of the five buildings specified 
in paragraph (2), which were vacated, or will be vacated, by the 
Air Force in conjunction with its relocation to the Consolidated 
Intelligence and Reconnaissance Laboratory and to a replacement 
Modification and Fabrication Facility at Air Force Research Labora-
tory–Rome Research Site, Rome, New York.’’. 
(b) DESCRIPTION OF PROPERTY.—Subsection (a)(2) of such sec-
tion is amended by adding at the end the following new subpara-
graph: 
‘‘(E) Bay Number 4 in Building 101 (approximately 115,000 
square feet).’’. 
(c) PURPOSE OF CONVEYANCE.—Subsection (a)(3) of such section 
is amended by adding before the period at the end the following: 
‘‘and to provide adequate reimbursement, real property, and replace-
ment facilities for the Air Force Research Laboratory units that 
are relocated as a result of the conveyance’’. 
(d) 
CONSIDERATION.—Subsection 
(c) 
of 
such 
section 
is 
amended— 
(1) by striking ‘‘in-kind contribution’’ and inserting ‘‘in- 
kind consideration (including land and new facilities)’’; and 
(2) by adding at the end the following new sentence: ‘‘Any 
cash payment received by the Secretary under this subsection 
shall be deposited in the special account established for the 
Secretary under section 2667(e) of title 10, United States Code, 
and shall be available to the Secretary for the same uses 
and subject to the same limitations as provided in that section.’’. 
SEC. 2858. LAND CONVEYANCE, ARMY RESERVE CENTER, CHAMBERS-
BURG, PENNSYLVANIA. 
(a) CONVEYANCE AUTHORIZED.—At such time as the Army 
Reserve vacates the Army Reserve Center at 721 South Sixth 
Street, Chambersburg, Pennsylvania, the Secretary of the Army 
may convey, without consideration, to the Chambersburg Area 
School District (in this section referred to as the ‘‘School District’’), 
all right, title, and interest of the United States in and to the 
Reserve Center for the purpose of permitting the School District 
to utilize the property for educational and educational-support 
activities. 
(b) REVERSIONARY INTEREST.—If the Secretary determines at 
any time that the real property conveyed under subsection (a) 
is not being used in accordance with the purpose of the conveyance, 
all right, title, and interest in and to such real property, including 
any improvements and appurtenant easements thereto, shall, at 
the option of the Secretary, revert to and become the property 
of the United States, and the United States shall have the right 
of immediate entry onto such real property. A determination by 
Records. 
Determination. 
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123 STAT. 2691 
PUBLIC LAW 111–84—OCT. 28, 2009 
the Secretary under this subsection shall be made on the record 
after an opportunity for a hearing. 
(c) DESCRIPTION OF PROPERTY.—The exact acreage and legal 
description of the real property to be conveyed under subsection 
(a) shall be determined by a survey satisfactory to the Secretary. 
(d) PAYMENT OF COSTS OF CONVEYANCES.— 
(1) PAYMENT REQUIRED.—The Secretary shall require the 
School District to cover costs to be incurred by the Secretary, 
or to reimburse the Secretary for costs incurred by the Sec-
retary, to carry out the conveyance under subsection (a), 
including survey costs, costs related to environmental docu-
mentation, and other administrative costs related to the convey-
ance. If amounts are collected from the School District in 
advance of the Secretary incurring the actual costs, and the 
amount collected exceeds the costs actually incurred by the 
Secretary to carry out the conveyance, the Secretary shall 
refund the excess amount to the School District. 
(2) TREATMENT OF AMOUNTS RECEIVED.—Amounts received 
as reimbursements under paragraph (1) shall be credited to 
the fund or account that was used to cover the costs incurred 
by the Secretary in carrying out the conveyance. Amounts 
so credited shall be merged with amounts in such fund or 
account and shall be available for the same purposes, and 
subject to the same conditions and limitations, as amounts 
in such fund or account. 
(e) ADDITIONAL TERM AND CONDITIONS.—The Secretary may 
require such additional terms and conditions in connection with 
the conveyance under subsection (a) as the Secretary considers 
appropriate to protect the interests of the United States. 
SEC. 2859. LAND CONVEYANCE, ELLSWORTH AIR FORCE BASE, SOUTH 
DAKOTA. 
(a) CHANGE IN RECIPIENT UNDER EXISTING AUTHORITY.— 
(1) IN GENERAL.—Section 2863(a) of the Military Construc-
tion Act for Fiscal Year 1998 (division B of Public Law 105– 
85; 111 Stat. 2010), as amended by section 2865(a) of the 
Military Construction Act for Fiscal Year 2001 (as enacted 
into law by Public Law 106–398; 114 Stat. 1654A–435), is 
further amended by striking ‘‘West River Foundation for Eco-
nomic and Community Development, Sturgis, South Dakota 
(in this section referred to as the ‘Foundation’)’’ and inserting 
‘‘South Dakota Ellsworth Development Authority, Pierre, South 
Dakota (in this section referred to as the ‘Authority’)’’. 
(2) TECHNICAL
AND
CONFORMING
AMENDMENTS.—Section 
2863 of the Military Construction Act for Fiscal Year 1998 
(division B of Public Law 105–85; 111 Stat. 2010), as amended 
by section 2865(b) of the Military Construction Act for Fiscal 
Year 2001 (as enacted into law by Public Law 106–398; 114 
Stat. 1654A–435), is further amended— 
(A) by striking ‘‘Foundation’’ each place it appears in 
subsections (c) and (e) and inserting ‘‘Authority’’; 
(B) in subsection (b)(1)— 
(i) in subparagraph (B), by striking ‘‘137.56 acres’’ 
and inserting ‘‘120.70 acres’’; and 
(ii) by striking subparagraphs (C), (D), and (E). 
(b) NEW CONVEYANCE AUTHORITY.— 
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123 STAT. 2692 
PUBLIC LAW 111–84—OCT. 28, 2009 
(1) CONVEYANCE AUTHORIZED.—The Secretary of the Air 
Force may convey, without consideration, to the South Dakota 
Ellsworth Development Authority, Pierre, South Dakota (in 
this subsection referred to as the ‘‘Authority’’), all right, title, 
and interest of the United States in and to the parcels of 
real property located at Ellsworth Air Force Base, South 
Dakota, referred to in paragraph (2). 
(2) COVERED PROPERTY.—The real property referred to in 
paragraph (1) is the following: 
(A) A parcel of real property, together with any 
improvements thereon, consisting of approximately 2.37 
acres and comprising the 11000 West Communications 
Annex. 
(B) A parcel of real property, together with any 
improvements thereon, consisting of approximately 6.643 
acres and comprising the South Nike Education Annex. 
(3) CONDITION.—As a condition of the conveyance under 
this subsection, the Authority, and any person or entity to 
which the Authority transfers the property, shall comply in 
the use of the property with the applicable provisions of the 
Ellsworth Air Force Base Air Installation Compatible Use Zone 
Study. 
(4) REVERSIONARY INTEREST.—If the Secretary determines 
at any time that the real property conveyed under paragraph 
(1) is not being used in compliance with the applicable provi-
sions of the Ellsworth Air Force Base Air Installation Compat-
ible Use Zone Study, all right, title, and interest in and to 
such real property, including any improvements and appur-
tenant easements thereto, shall, at the option of the Secretary, 
revert to and become the property of the United States, and 
the United States shall have the right of immediate entry 
onto such real property. A determination by the Secretary 
under this paragraph shall be made on the record after an 
opportunity for a hearing. 
(5) DESCRIPTION
OF
PROPERTY.—The exact acreage and 
legal description of the real property to be conveyed under 
this subsection shall be determined by a survey satisfactory 
to the Secretary. 
(6) ADDITIONAL
TERMS
AND
CONDITIONS.—The Secretary 
may require such additional terms and conditions in connection 
with the conveyance under this subsection as the Secretary 
considers appropriate to protect the interests of the United 
States. 
SEC. 2860. LAND CONVEYANCE, LACKLAND AIR FORCE BASE, TEXAS. 
(a) CONVEYANCE AUTHORIZED.—The Secretary of the Air Force 
may convey to an eligible entity, all right, title, and interest of 
the United States to not more than 250 acres of real property 
and associated easements and improvements on Lackland Air Force 
Base, Texas, in exchange for real property adjacent to or near 
the installation for the purpose of relocating and consolidating 
Air Force tenants located on the former Kelly Air Force Base, 
Texas, onto the main portion of Lackland Air Force Base. 
(b) CONDITION OF CONVEYANCE.—The conveyance under sub-
section (a) shall be subject to the condition that the eligible entity 
accept the real property in its condition at the time of the convey-
ance. 
Records. 
Determination. 
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123 STAT. 2693 
PUBLIC LAW 111–84—OCT. 28, 2009 
(c) ELIGIBLE ENTITIES.—A conveyance under this section may 
be made to the City of San Antonio, Texas, or an organization 
or agency chartered or sponsored by the local or State government. 
(d) CONSIDERATION.—As consideration for the conveyance under 
subsection (a), the eligible entity shall provide the Air Force with 
real property or real property improvements, or a combination 
of both, of equal value, as determined by the Secretary. If the 
fair market value of the real property or real property improve-
ments, or combination thereof, is less than the fair market value 
of the real property to be conveyed by the Air Force, the eligible 
entity shall provide cash payment to the Air Force, or provide 
Lackland Air Force Base with in-kind consideration of an amount 
equal to the difference in the fair market values. Any cash payment 
received by the Air Force for the conveyance authorized by sub-
section (a) shall be deposited in the special account described in 
section 2667(e) of title 10, United States Code, and shall be available 
to the Secretary for the same uses and subject to the same limita-
tions as provided in that section. 
(e) PAYMENT OF COSTS OF CONVEYANCE.— 
(1) IN GENERAL.—The Secretary may require the eligible 
entity to cover costs to be incurred by the Secretary, or to 
reimburse the Secretary for costs incurred by the Secretary, 
to carry out the conveyances under this section, including 
survey costs, costs related to environmental documentation, 
and other administrative costs related to the conveyances. If 
amounts are collected from the eligible entity in advance of 
the Secretary incurring the actual costs, and the amount col-
lected exceeds the costs actually incurred by the Secretary 
to carry out the conveyance, the Secretary shall refund the 
excess amount to the eligible entity. 
(2) TREATMENT OF AMOUNTS RECEIVED.—Amounts received 
as reimbursement under paragraph (1) shall be credited to 
the fund or account that was used to cover the costs incurred 
by the Secretary in carrying out the conveyances. Amounts 
so credited shall be merged with amounts in such fund or 
account, and shall be available for the same purposes, and 
subject to the same conditions and limitations, as amounts 
in such fund or account. 
(f) SAVINGS PROVISION.—Nothing in this section shall be con-
strued to affect or limit the application of, or any obligation to 
comply with, any environmental law, including the National 
Environmental Policy Act (42 U.S.C. 4321 et seq.), the Comprehen-
sive Environmental Response, Compensation, and Liability Act of 
1980 (42 U.S.C. 9601 et seq.), and the Solid Waste Disposal Act 
(42 U.S.C. 6901 et seq.). 
(g) DESCRIPTION OF PROPERTY.—The exact acreage and legal 
description of the real property to be conveyed under subsection 
(a) shall be determined by a survey satisfactory to the Secretary. 
(h) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may 
require such additional terms and conditions in connection with 
the conveyances under this section as the Secretary considers appro-
priate to protect the interests of the United States. 
SEC. 2861. LAND CONVEYANCE, NAVAL AIR STATION OCEANA, VIR-
GINIA. 
(a) CONVEYANCE AUTHORIZED.—The Secretary of the Navy may 
convey to the City of Virginia Beach, Virginia (in this section 
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123 STAT. 2694 
PUBLIC LAW 111–84—OCT. 28, 2009 
referred to as the ‘‘City’’), all right, title, and interest of the United 
States in and to a parcel of real property, including any improve-
ments thereon, consisting of approximately 2.4 acres at Naval Air 
Station, Oceana, Virginia, for the purpose of permitting the City 
to expand services to support the Marine Animal Care Center. 
(b) CONSIDERATION.—As consideration for the conveyance under 
subsection (a), the City shall provide compensation to the Secretary 
of the Navy in an amount equal to the fair market value of the 
real property conveyed under such subsection, as determined by 
appraisals acceptable to the Secretary. 
(c) DESCRIPTION OF PROPERTY.—The exact acreage and legal 
description of the real property to be exchanged under this section 
shall be determined by surveys satisfactory to the Secretary. 
(d) PAYMENT OF COSTS OF CONVEYANCES.— 
(1) PAYMENT REQUIRED.—The Secretary shall require the 
City to cover costs to be incurred by the Secretary, or to 
reimburse the Secretary for costs incurred by the Secretary, 
to carry out the conveyance under this section, including survey 
costs related to the conveyance. If amounts are collected from 
the City in advance of the Secretary incurring the actual costs, 
and the amount collected exceeds the costs actually incurred 
by the Secretary to carry out the conveyance, the Secretary 
shall refund the excess amount to the City. 
(2) TREATMENT OF AMOUNTS RECEIVED.—Amounts received 
under paragraph (1) as reimbursement for costs incurred by 
the Secretary to carry out the conveyance under this section 
shall be credited to the fund or account that was used to 
cover the costs incurred by the Secretary in carrying out the 
conveyance. Amounts so credited shall be merged with amounts 
in such fund or account and shall be available for the same 
purposes, and subject to the same conditions and limitations, 
as amounts in such fund or account. 
(e) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may 
require such additional terms and conditions in connection with 
the conveyance under this section as the Secretary considers appro-
priate to protect the interests of the United States. 
SEC. 2862. COMPLETION OF LAND EXCHANGE AND CONSOLIDATION, 
FORT LEWIS, WASHINGTON. 
Subsection (a)(1) of section 2837 of the Military Construction 
Authorization Act for Fiscal Year 2002 (division B of Public Law 
107–107; 115 Stat. 1315), as amended by section 2852 of the Mili-
tary Construction Authorization Act for Fiscal Year 2005 (division 
B of Public Law 108–375; 118 Stat. 2143), is further amended— 
(1) in the first sentence, by striking ‘‘The Secretary of 
the Army may transfer’’ and inserting ‘‘Not later than 60 days 
after the date of the enactment of the Military Construction 
Authorization Act for Fiscal Year 2010, the Secretary of the 
Army shall transfer’’; and 
(2) in the second sentence— 
(A) by striking ‘‘may make the transfer’’ and inserting 
‘‘shall make the transfer’’; and 
(B) by striking ‘‘may accept’’ and inserting ‘‘shall 
accept’’. 
Deadline. 
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123 STAT. 2695 
PUBLIC LAW 111–84—OCT. 28, 2009 
SEC. 2863. LAND CONVEYANCE, F.E. WARREN AIR FORCE BASE, CHEY-
ENNE, WYOMING. 
(a) CONVEYANCE AUTHORIZED.—The Secretary of the Air Force 
may convey to the County of Laramie, Wyoming (in this section 
referred to as the ‘‘County’’) all right, title, and interest of the 
United States in and to a parcel of real property, including any 
improvements thereon and appurtenant easements thereto, con-
sisting of approximately 73 acres along the southeastern boundary 
of F.E. Warren Air Force Base, Cheyenne, Wyoming, for the purpose 
of removing the property from the boundaries of the installation 
and permitting the County to preserve the entire property for 
healthcare facilities. 
(b) CONSIDERATION.— 
(1) IN GENERAL.—As consideration for the conveyance under 
subsection (a), the County shall provide the United States 
consideration, whether by cash payment, in-kind consideration 
as described under paragraph (2), or a combination thereof, 
in an amount that is not less than the fair market value 
of the conveyed real property, as determined by the Secretary. 
(2) IN-KIND
CONSIDERATION.—In-kind consideration pro-
vided by the County under paragraph (1) may include the 
acquisition, construction, provision, improvement, maintenance, 
repair, or restoration (including environmental restoration), or 
combination thereof, of any facilities or infrastructure relating 
to the security of F.E. Warren Air Force Base, that the Sec-
retary considers acceptable. 
(3) RELATION TO OTHER LAWS.—Sections 2662 and 2802 
of title 10, United States Code, shall not apply to any new 
facilities or infrastructure received by the United States as 
in-kind consideration under paragraph (2). 
(4) NOTICE
TO
CONGRESS.—The Secretary shall provide 
written notification to the congressional defense committees 
of the types and value of consideration provided the United 
States under paragraph (1). 
(5) TREATMENT OF CASH CONSIDERATION RECEIVED.—Any 
cash payment received by the United States under paragraph 
(1) shall be deposited in the special account described in section 
2667(e) of title 10, United States Code, and shall be available 
in accordance with paragraph (5)(B)(ii) of such subsection. 
(c) REVERSIONARY INTEREST.— 
(1) IN GENERAL.—If the Secretary determines at any time 
that the County is not using the property conveyed under 
subsection (a) in accordance with the purpose of the conveyance 
specified in such subsection, all right, title, and interest in 
and to the property, including any improvements thereon, shall 
revert, at the option of the Secretary, to the United States, 
and the United States shall have the right of immediate entry 
onto the property. Any determination of the Secretary under 
this subsection shall be made on the record after an opportunity 
for a hearing. 
(2) RELEASE OF REVERSIONARY INTEREST.—The Secretary 
shall release, without consideration, the reversionary interest 
retained by the United States under paragraph (1) if— 
(A) F.E. Warren Air Force Base, Cheyenne Wyoming, 
is no longer being used for Department of Defense activi-
ties; or 
Records. 
Determination. 
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123 STAT. 2696 
PUBLIC LAW 111–84—OCT. 28, 2009 
(B) the Secretary determines that the reversionary 
interest is otherwise unnecessary to protect the interests 
of the United States. 
(d) PAYMENT OF COSTS OF CONVEYANCE.— 
(1) PAYMENT REQUIRED.—The Secretary shall require the 
County to cover costs to be incurred by the Secretary, or to 
reimburse the Secretary for costs incurred by the Secretary, 
to carry out the conveyance under subsection (a) and implement 
the receipt of in-kind consideration under paragraph (b), 
including survey costs, appraisal costs, costs related to environ-
mental documentation, and other administrative costs related 
to the conveyance and receipt of in-kind consideration. If 
amounts are received from the County in advance of the Sec-
retary incurring the actual costs, and the amount received 
exceeds the costs actually incurred by the Secretary under 
this section, the Secretary shall refund the excess amount to 
the County. 
(2) TREATMENT OF AMOUNTS RECEIVED.—Amounts received 
as reimbursements under paragraph (1) shall be credited to 
the fund or account that was used to cover the costs incurred 
by the Secretary in carrying out the conveyance and imple-
menting the receipt of in-kind consideration. Amounts so cred-
ited shall be merged with amounts in such fund or account 
and shall be available for the same purposes, and subject to 
the same conditions and limitations, as amounts in such fund 
or account. 
(e) DESCRIPTION OF REAL PROPERTY.—The exact acreage and 
legal description of the real property to be conveyed under sub-
section (a) shall be determined by a survey satisfactory to the 
Secretary. 
(f) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may 
require such additional terms and conditions in connection with 
the conveyance under subsection (a) as the Secretary considers 
appropriate to protect the interests of the United States. 
Subtitle F—Other Matters 
SEC. 2871. REVISED AUTHORITY TO ESTABLISH NATIONAL MONUMENT 
TO HONOR UNITED STATES ARMED FORCES WORKING 
DOG TEAMS. 
Section 2877 of the National Defense Authorization Act for 
Fiscal Year 2008 (Public Law 110–181; 122 Stat. 563; 16 U.S.C. 
431 note) is amended by striking ‘‘National War Dogs Monument, 
Inc.,’’ both places it appears and inserting ‘‘John Burnam Monument 
Foundation, Inc.,’’. 
SEC. 2872. NATIONAL D–DAY MEMORIAL STUDY. 
(a) DEFINITIONS.—In this section: 
(1) AREA.—The term ‘‘Area’’ means in the National D– 
Day Memorial in Bedford, Virginia. 
(2) SECRETARY.—The term ‘‘Secretary’’ means the Secretary 
of the Interior, acting through the Director of the National 
Park Service. 
(b) STUDY.— 
(1) IN GENERAL.—The Secretary may conduct a study of 
the Area to evaluate the national significance of the Area 
Determination. 
Survey. 
Determination. 
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123 STAT. 2697 
PUBLIC LAW 111–84—OCT. 28, 2009 
and suitability and feasibility of designating the Area as a 
unit of the National Park System. 
(2) CRITERIA.—In conducting the study authorized under 
paragraph (1), the Secretary shall use the criteria for the study 
of areas for potential inclusion in the National Park System 
in section 8(c) of Public Law 91–383 (16 U.S.C. 1a–5(c)). 
(3) CONTENTS.—The study authorized under paragraph (1) 
shall— 
(A) determine the suitability and feasibility of desig-
nating the Area as a unit of the National Park System; 
(B) include cost estimates for any necessary acquisition, 
development, operation, and maintenance of the Area; and 
(C) identify alternatives for the management, adminis-
tration, and protection of the Area. 
(c) REPORT.—Section 8(c) of Public Law 91–383 (16 U.S.C. 
1a–5(c)) shall apply to the conduct of the study authorized under 
this section, except that the study shall be submitted to the Com-
mittee on Natural Resources of the House of Representatives and 
the Committee on Energy and Natural Resources of the Senate 
not later than 3 years after the date on which funds are first 
made available for the study. 
SEC. 2873. CONDITIONS ON ESTABLISHMENT OF COOPERATIVE SECU-
RITY LOCATION IN PALANQUERO, COLOMBIA. 
(a) CONGRESSIONAL NOTIFICATION OF AGREEMENT.—None of the 
amounts authorized to be appropriated by this division or otherwise 
made available for military construction for fiscal year 2010 may 
be obligated to commence construction of a Cooperative Security 
Location at the German Olano Moreno Airbase (the Palanquero 
AB Development Project) in Palanquero, Colombia, until at least 
15 days after the date on which the Secretary of Defense certifies 
to the congressional defense committees that an agreement has 
been entered into with the Government of Colombia to allow access 
to and use of its facilities at the German Olano Moreno Airbase 
for the duration of the agreement to carry out mutually agreed- 
upon activities. 
(b) PROHIBITION
ON PERMANENT UNITED STATES MILITARY 
INSTALLATION.—The agreement referred to in subsection (a) may 
not provide for or authorize the establishment of a United States 
military installation or base for the permanent stationing of United 
States Armed Forces in Colombia. 
SEC. 2874. MILITARY ACTIVITIES AT UNITED STATES MARINE CORPS 
MOUNTAIN WARFARE TRAINING CENTER. 
Section 1806 of the Omnibus Public Land Management Act 
of 2009 (Public Law 111–11; 123 Stat. 1059; 16 U.S.C. 460vvv) 
is amended by adding at the end the following new subsection: 
‘‘(g) MILITARY ACTIVITIES AT UNITED STATES MARINE CORPS 
MOUNTAIN WARFARE TRAINING CENTER.—The designation of the 
Bridgeport Winter Recreation Area by this section is not intended 
to restrict or preclude the activities conducted by the United States 
Armed Forces at the United States Marine Corps Mountain Warfare 
Training Center.’’. 
Time period. 
Certification. 
Applicability. 
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123 STAT. 2698 
PUBLIC LAW 111–84—OCT. 28, 2009 
TITLE XXIX—OVERSEAS CONTINGENCY 
OPERATIONS MILITARY CONSTRUC-
TION AUTHORIZATIONS 
Sec. 2901. Authorized Army construction and land acquisition projects. 
Sec. 2902. Authorized Air Force construction and land acquisition projects. 
Sec. 2903. Construction authorization for facilities for Office of Defense Representa-
tive-Pakistan. 
SEC. 2901. AUTHORIZED ARMY CONSTRUCTION AND LAND ACQUISI-
TION PROJECTS. 
(a) OUTSIDE THE UNITED STATES.—Using amounts appropriated 
pursuant to the authorization of appropriations in subsection (b)(1), 
the Secretary of the Army may acquire real property and carry 
out military construction projects for the installations or locations 
outside the United States, and in the amounts, set forth in the 
following table: 
Army: Outside the United States 
Country 
Installation or Location 
Amount 
Afghanistan ...........
Airborne ..........................................
$7,800,000 
Altimur ...........................................
$7,750,000 
Asadabad ........................................
$5,500,000 
Bagram Air Base ...........................
$132,850,000 
Camp Joyce ....................................
$7,700,000 
Camp Kabul ...................................
$137,000,000 
Camp Kandahar .............................
$132,500,000 
Camp Salerno .................................
$50,200,000 
Forward Operating Base Blessing 
$5,600,000 
Forward Operating Base Bostick
$5,500,000 
Forward Operating Base Dwyer ...
$19,300,000 
Forward Operating Base Ghazni ..
$5,500,000 
Forward Operating Base Shank ...
$19,700,000 
Forward Operating Base Sharana 
$60,800,000 
Frontenac .......................................
$2,200,000 
Jalalabad Airfield ..........................
$41,400,000 
Maywand ........................................
$7,800,000 
Methar-Lam ...................................
$4,150,000 
Provincial Reconstruction Team 
Gardez.
$36,200,000 
Provincial Reconstruction Team 
Tarin Kowt.
$55,800,000 
Tombstone/Bastion ........................
$71,800,000 
Wolverine ........................................
$17,050,000 
(b) AUTHORIZATION
OF APPROPRIATIONS.—Funds are hereby 
authorized to be appropriated for fiscal years beginning after Sep-
tember 30, 2009, for military construction, land acquisition, and 
military family housing functions of the Department of the Army 
in the total amount of $924,484,000 as follows: 
(1) For military construction projects outside the United 
States authorized by subsection (a), $834,100,000. 
(2) For unspecified minor military construction projects 
under section 2805 of title 10, United States Code, $20,100,000. 
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123 STAT. 2699 
PUBLIC LAW 111–84—OCT. 28, 2009 
(3) For architectural and engineering services and construc-
tion design under section 2807 of title 10, United States Code, 
$70,284,000. 
SEC. 2902. AUTHORIZED AIR FORCE CONSTRUCTION AND LAND 
ACQUISITION PROJECTS. 
(a) OUTSIDE THE UNITED STATES.—Using amounts appropriated 
pursuant to the authorization of appropriations in subsection (b)(1), 
the Secretary of the Air Force may acquire real property and 
carry out military construction projects for the installations or 
locations outside the United States, and in the amounts, set forth 
in the following table: 
Air Force: Outside the United States 
Country 
Installation or Location 
Amount 
Afghanistan ...........
Bagram Air Base ...........................
$29,100,000 
Camp Kandahar .............................
$234,600,000 
Forward Operating Base Dwyer ...
$4,900,000 
Forward Operating Base Shank ...
$4,900,000 
Provincial Reconstruction Team 
Tarin Kowt.
$4,900,000 
Tombstone/Bastion ........................
$156,200,000 
Wolverine ........................................
$4,900,000 
(b) AUTHORIZATION
OF APPROPRIATIONS.—Funds are hereby 
authorized to be appropriated for fiscal years beginning after Sep-
tember 30, 2009, for military construction, land acquisition, and 
military family housing functions of the Department of the Air 
Force in the total amount of $474,500,000, as follows: 
(1) For military construction projects outside the United 
States authorized by subsection (a), $439,500,000. 
(2) For architectural and engineering services and construc-
tion design under section 2807 of title 10, United States Code, 
$35,000,000. 
SEC. 2903. CONSTRUCTION AUTHORIZATION FOR FACILITIES FOR 
OFFICE OF DEFENSE REPRESENTATIVE-PAKISTAN. 
(a) USE OF FUNDS AUTHORIZED.— 
(1) IN GENERAL.—Of the amounts authorized to be appro-
priated by this title, the Secretary of Defense may use not 
more than $10,000,000 to plan, design, and construct facilities 
on the United States Embassy Compound in Islamabad, Paki-
stan, in support of the Office of the Defense Representative- 
Pakistan (in this section referred to as the ‘‘ODRP’’). 
(2) NOTICE
AND
WAIT.—The Secretary may not obligate 
funds made available pursuant to paragraph (1) until the end 
of the 14-day period beginning on the date on which the Sec-
retary submits to the appropriate congressional committees 
a report containing notice of the proposed obligation of the 
funds and addressing the items specified in subsection (b)(2). 
(b) ADDITIONAL REPORTING REQUIREMENTS.— 
(1) IN GENERAL.—Not later than 90 days after the submis-
sion of the notice under subsection (a)(2), and every 180 days 
Time period. 
Reports. 
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123 STAT. 2700 
PUBLIC LAW 111–84—OCT. 28, 2009 
thereafter, the Secretary of Defense shall submit to the appro-
priate congressional committees a report on the number of 
personnel and activities of the ODRP. 
(2) ELEMENTS.—The report under paragraph (1) shall 
include the following: 
(A) A detailed accounting of the number of personnel 
permanently assigned or on temporary duty in the ODRP. 
(B) A description of the mission of those personnel 
assigned on a temporary or permanent basis to the ODRP. 
(C) A projection of space requirements for the ODRP. 
(3) TERMINATION.—The requirement to submit a report 
under paragraph (1) terminates on the date occurring two years 
after the date on which the first report under such paragraph 
is submitted. 
(c) FORM.—A report under this section may be submitted in 
a classified form. 
(d) APPROPRIATE CONGRESSIONAL COMMITTEES.—For the pur-
poses of this section, the appropriate congressional committees are 
the following: 
(1) The congressional defense committees. 
(2) The Committee on Foreign Affairs of the House of 
Representatives. 
(3) The Committee on Foreign Relations of the Senate. 
DIVISION C—DEPARTMENT OF ENERGY 
NATIONAL 
SECURITY 
AUTHORIZA-
TIONS AND OTHER AUTHORIZATIONS 
TITLE XXXI—DEPARTMENT OF ENERGY 
NATIONAL SECURITY PROGRAMS 
Subtitle A—National Security Programs Authorizations 
Sec. 3101. National Nuclear Security Administration. 
Sec. 3102. Defense environmental cleanup. 
Sec. 3103. Other defense activities. 
Sec. 3104. Defense nuclear waste disposal. 
Sec. 3105. Energy security and assurance. 
Sec. 3106. Relation to funding tables. 
Subtitle B—Program Authorizations, Restrictions, and Limitations 
Sec. 3111. Stockpile stewardship program. 
Sec. 3112. Report on stockpile stewardship criteria and assessment of stockpile 
stewardship program. 
Sec. 3113. Stockpile management program. 
Sec. 3114. Dual validation of annual weapons assessment and certification. 
Sec. 3115. Elimination of nuclear weapons life extension program from exception to 
requirement to request funds in budget of the President. 
Sec. 3116. Long-term plan for the modernization and refurbishment of the nuclear 
security complex. 
Sec. 3117. Repeal of prohibition on funding activities associated with international 
cooperative stockpile stewardship. 
Sec. 3118. Modification of minor construction threshold for plant projects. 
Sec. 3119. Two-year extension of authority for appointment of certain scientific, en-
gineering, and technical personnel. 
Sec. 3120. National Nuclear Security Administration authority for urgent non-
proliferation activities. 
Sec. 3121. Repeal of sunset date for consolidation of counterintelligence programs 
of Department of Energy and National Nuclear Security Administration. 
Subtitle C—Reports 
Sec. 3131. National Academy of Sciences review of national security laboratories. 
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123 STAT. 2701 
PUBLIC LAW 111–84—OCT. 28, 2009 
Sec. 3132. Plan to ensure capability to monitor, analyze, and evaluate foreign nu-
clear weapons activities. 
Sec. 3133. Comptroller General study of stockpile stewardship program. 
Sec. 3134. Comptroller General of the United States review of projects carried out 
by the Office of Environmental Management of the Department of En-
ergy pursuant to the American Recovery and Reinvestment Act of 2009. 
Subtitle D—Other Matters 
Sec. 3141. Ten-year plan for use and funding of certain Department of Energy fa-
cilities. 
Sec. 3142. Expansion of authority of Ombudsman of Energy Employees Occupa-
tional Illness Compensation Program. 
Sec. 3143. Identification in budget materials of amounts for certain Department of 
Energy pension obligations. 
Sec. 3144. Sense of Congress on production of molybdenum–99. 
Subtitle A—National Security Programs 
Authorizations 
SEC. 3101. NATIONAL NUCLEAR SECURITY ADMINISTRATION. 
(a) AUTHORIZATION
OF APPROPRIATIONS.—Funds are hereby 
authorized to be appropriated to the Department of Energy for 
fiscal year 2010 for the activities of the National Nuclear Security 
Administration in carrying out programs necessary for national 
security in the amount of $10,033,477,000, to be allocated as follows: 
(1) For weapons activities, $6,433,131,000. 
(2) 
For 
defense 
nuclear 
nonproliferation 
activities, 
$2,176,459,000. 
(3) For naval reactors, $1,003,133,000. 
(4) For the Office of the Administrator for Nuclear Security, 
$420,754,000. 
(b) AUTHORIZATION
OF NEW PLANT PROJECTS.—From funds 
referred to in subsection (a) that are available for carrying out 
plant projects, the Secretary of Energy may carry out new plant 
projects for the National Nuclear Security Administration as follows: 
(1) For readiness in technical base and facilities, the fol-
lowing new plant project: 
Project 10–D–501, nuclear facilities risk reduction, Y– 
12 National Security Complex, Oak Ridge, Tennessee, 
$12,500,000. 
(2) For safeguards and security, the following new plant 
project: 
Project 10–D–701, security improvement project, Y– 
12 National Security Complex, Oak Ridge, Tennessee, 
$49,000,000. 
(3) For naval reactors, the following new plant projects: 
Project 10–D–903, KAPL security upgrades, Schenec-
tady, New York, $1,500,000. 
Project 10–D–904, Naval Reactors Facility infrastruc-
ture upgrades, Naval Reactors Facility, Idaho, $700,000. 
SEC. 3102. DEFENSE ENVIRONMENTAL CLEANUP. 
Funds are hereby authorized to be appropriated to the Depart-
ment of Energy for fiscal year 2010 for defense environmental 
cleanup activities in carrying out programs necessary for national 
security in the amount of $5,495,831,000. 
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123 STAT. 2702 
PUBLIC LAW 111–84—OCT. 28, 2009 
SEC. 3103. OTHER DEFENSE ACTIVITIES. 
Funds are hereby authorized to be appropriated to the Depart-
ment of Energy for fiscal year 2010 for other defense activities 
in carrying out programs necessary for national security in the 
amount of $852,468,000. 
SEC. 3104. DEFENSE NUCLEAR WASTE DISPOSAL. 
Funds are hereby authorized to be appropriated to the Depart-
ment of Energy for fiscal year 2010 for defense nuclear waste 
disposal for payment to the Nuclear Waste Fund established in 
section 302(c) of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 
10222(c)) in the amount of $98,400,000. 
SEC. 3105. ENERGY SECURITY AND ASSURANCE. 
Funds are hereby authorized to be appropriated to the Depart-
ment of Energy for fiscal year 2010 for energy security and assur-
ance programs necessary for national security in the amount of 
$6,188,000. 
SEC. 3106. RELATION TO FUNDING TABLES. 
The amounts authorized to be appropriated by sections 3101, 
3102, 3103, 3104, and 3105 shall be available, in accordance with 
the requirements of section 4001, for projects, programs, and activi-
ties, and in the amounts, specified in the funding table in section 
4601. 
Subtitle B—Program Authorizations, 
Restrictions, and Limitations 
SEC. 3111. STOCKPILE STEWARDSHIP PROGRAM. 
(a) IN GENERAL.—Subsection (a) of section 4201 of the Atomic 
Energy Defense Act (division D of Public Law 107–314; 50 U.S.C. 
2521) is amended to read as follows: 
‘‘(a) ESTABLISHMENT.—The Secretary of Energy, acting through 
the Administrator for Nuclear Security, shall establish a steward-
ship program to ensure— 
‘‘(1) the preservation of the core intellectual and technical 
competencies of the United States in nuclear weapons, including 
weapons design, system integration, manufacturing, security, 
use control, reliability assessment, and certification; and 
‘‘(2) that the nuclear weapons stockpile is safe, secure, 
and reliable without the use of underground nuclear weapons 
testing.’’. 
(b) ELEMENTS.—Subsection (b) of such section is amended— 
(1) in paragraph (1), by striking ‘‘detonation’’ and inserting 
‘‘performance over time’’; and 
(2) by adding at the end the following new paragraphs: 
‘‘(4) Support for the use of, and experiments facilitated 
by, the advanced experimental facilities of the United States, 
including— 
‘‘(A) the National Ignition Facility at Lawrence Liver-
more National Laboratory; 
‘‘(B) the Dual Axis Radiographic Hydrodynamic Test 
Facility at Los Alamos National Laboratory; 
‘‘(C) the Z Machine at Sandia National Laboratories; 
and 
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123 STAT. 2703 
PUBLIC LAW 111–84—OCT. 28, 2009 
‘‘(D) the experimental facilities at the Nevada test site. 
‘‘(5) Support for the sustainment and modernization of 
facilities with production and manufacturing capabilities that 
are necessary to ensure the safety, security, and reliability 
of the nuclear weapons stockpile, including— 
‘‘(A) the Pantex Plant; 
‘‘(B) the Y–12 National Security Complex; 
‘‘(C) the Kansas City Plant; 
‘‘(D) the Savannah River Site; and 
‘‘(E) production and manufacturing capabilities resi-
dent in the national security laboratories (as defined in 
section 3281 of the National Nuclear Security Administra-
tion Act (50 U.S.C. 2471)).’’. 
(c) PRIOR AUTHORIZATION OF APPROPRIATIONS FOR FISCAL YEAR 
1994.—Such section is further amended by striking subsection (c). 
SEC. 3112. REPORT ON STOCKPILE STEWARDSHIP CRITERIA AND 
ASSESSMENT OF STOCKPILE STEWARDSHIP PROGRAM. 
(a) IN GENERAL.—Subsection (c) of section 4202 of the Atomic 
Energy Defense Act (division D of Public Law 107–314; 50 U.S.C. 
2522) is amended to read as follows: 
‘‘(c) REPORT.—(1) In each odd-numbered year, beginning in 
2011, the Secretary of Energy shall include in the stockpile steward-
ship plan required by section 4203 a report containing the following 
elements: 
‘‘(A) A description of the information needed to determine 
that the nuclear weapons stockpile is safe and reliable and 
the relationship of the science-based tools to the collection 
of that information. 
‘‘(B) A description of any updates to the criteria established 
under subsection (a) during— 
‘‘(i) the previous two years; or 
‘‘(ii) with respect to the report in 2011, the period 
beginning on the date of the submission of the report 
under section 3133 of the National Defense Authorization 
Act for Fiscal Year 2004 (Public Law 108–136; 117 Stat. 
1751; 50 U.S.C. 2523 note) and ending on the date of 
the submission of the 2011 stockpile stewardship plan 
required by section 4203. 
‘‘(C) For each science-based tool to collect information 
needed to determine that the nuclear weapons stockpile is 
safe, secure, and reliable that is developed or modified by 
the Department of Energy during the relevant period described 
in subparagraph (B)— 
‘‘(i) a description of the relationship of the science- 
based tool to the collection of such information; and 
‘‘(ii) a description of criteria for assessing the effective-
ness of the science-based tool in collecting such information. 
‘‘(D) An assessment described in paragraph (2). 
‘‘(2) An assessment described in this paragraph is an assess-
ment of the stockpile stewardship program conducted by the 
Administrator for Nuclear Security in consultation with the direc-
tors of the national security laboratories. Such assessment shall 
set forth the following: 
‘‘(A) An identification and description of— 
‘‘(i) any key technical challenges to the stockpile 
stewardship program; and 
Time period. 
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123 STAT. 2704 
PUBLIC LAW 111–84—OCT. 28, 2009 
‘‘(ii) the strategies to address such challenges without 
the use of nuclear testing. 
‘‘(B) A strategy for using the science-based tools (including 
advanced simulation and computing capabilities) of each 
national security laboratory to ensure that the nuclear weapons 
stockpile is safe, secure, and reliable without the use of nuclear 
testing. 
‘‘(C) An assessment of the science-based tools (including 
advanced simulation and computing capabilities) of each 
national security laboratory that exist at the time of the assess-
ment compared with the science-based tools expected to exist 
during the period covered by the future-years nuclear security 
program. 
‘‘(D) An assessment of the core scientific and technical 
competencies required to achieve the objectives of the stockpile 
stewardship program and other weapons activities and 
weapons-related activities of the Department of Energy, 
including— 
‘‘(i) the number of scientists, engineers, and techni-
cians, by discipline, required to maintain such com-
petencies; and 
‘‘(ii) a description of any shortage of such individuals 
that exists at the time of the assessment compared with 
any shortage expected to exist during the period covered 
by the future-years nuclear security program.’’. 
(b) DEFINITIONS.—Such section is further amended by adding 
at the end the following subsection: 
‘‘(d) DEFINITIONS.—In this section: 
‘‘(1) The term ‘future-years nuclear security program’ 
means the program required by section 3253 of the National 
Nuclear Security Administration Act (50 U.S.C. 2453). 
‘‘(2) The term ‘national security laboratory’ has the meaning 
given such term in section 3281 of the National Nuclear Secu-
rity Administration Act (50 U.S.C. 2471). 
‘‘(3) The term ‘weapons activities’ means each activity 
within the budget category of weapons activities in the budget 
of the National Nuclear Security Administration. 
‘‘(4) The term ‘weapons–related activities’ means each 
activity under the Department of Energy that involves nuclear 
weapons, nuclear weapons technology, or fissile or radioactive 
materials, including activities related to— 
‘‘(A) nuclear nonproliferation; 
‘‘(B) nuclear forensics; 
‘‘(C) nuclear intelligence; 
‘‘(D) nuclear safety; and 
‘‘(E) nuclear incident response.’’. 
SEC. 3113. STOCKPILE MANAGEMENT PROGRAM. 
(a) IN GENERAL.—The Atomic Energy Defense Act (division 
D of Public Law 107–314; 50 U.S.C. 2501 et seq.) is amended— 
(1) by repealing section 4204A (50 U.S.C. 2524a); and 
(2) by amending section 4204 (50 U.S.C. 2524) to read 
as follows: 
‘‘SEC. 4204. STOCKPILE MANAGEMENT PROGRAM. 
‘‘(a) PROGRAM REQUIRED.—The Secretary of Energy, acting 
through the Administrator for Nuclear Security and in consultation 
with the Secretary of Defense, shall carry out a program, in support 
Repeal. 
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123 STAT. 2705 
PUBLIC LAW 111–84—OCT. 28, 2009 
of the stockpile stewardship program, to provide for the effective 
management of the weapons in the nuclear weapons stockpile, 
including the extension of the effective life of such weapons. The 
program shall have the following objectives: 
‘‘(1) To increase the reliability, safety, and security of the 
nuclear weapons stockpile of the United States. 
‘‘(2) To further reduce the likelihood of the resumption 
of underground nuclear weapons testing. 
‘‘(3) To achieve reductions in the future size of the nuclear 
weapons stockpile. 
‘‘(4) To reduce the risk of an accidental detonation of an 
element of the stockpile. 
‘‘(5) To reduce the risk of an element of the stockpile 
being used by a person or entity hostile to the United States, 
its vital interests, or its allies. 
‘‘(b) PROGRAM LIMITATIONS.—In carrying out the stockpile 
management program under subsection (a), the Secretary of Energy 
shall ensure that— 
‘‘(1) any changes made to the stockpile shall be made 
to achieve the objectives identified in subsection (a); and 
‘‘(2) any such changes made to the stockpile shall— 
‘‘(A) remain consistent with basic design parameters 
by including, to the maximum extent feasible, components 
that are well understood or are certifiable without the 
need to resume underground nuclear weapons testing; and 
‘‘(B) use the design, certification, and production exper-
tise resident in the nuclear complex to fulfill current mis-
sion requirements of the existing stockpile. 
‘‘(c) PROGRAM PLAN.—In carrying out the stockpile management 
program under subsection (a), the Secretary of Energy shall develop 
a long-term plan to extend the effective life of the weapons in 
the nuclear weapons stockpile without the use of nuclear weapons 
testing. The plan shall include the following: 
‘‘(1) Mechanisms to provide for the manufacture, mainte-
nance, and modernization of each weapon design in the nuclear 
stockpile, as needed. 
‘‘(2) Mechanisms to expedite the collection of information 
necessary for carrying out the program, including information 
relating to the aging of materials and components, new manu-
facturing techniques, and the replacement or substitution of 
materials. 
‘‘(3) Mechanisms to ensure the appropriate assignment of 
roles and missions for each nuclear weapons laboratory and 
production plant of the Department of Energy, including mecha-
nisms for allocation of workload, mechanisms to ensure the 
carrying out of appropriate modernization activities, and 
mechanisms to ensure the retention of skilled personnel. 
‘‘(4) Mechanisms to ensure that each national laboratory 
of the National Nuclear Security Administration has full and 
complete access to all weapons data to enable a rigorous peer 
review process to support the annual assessment of the condi-
tion of the nuclear weapons stockpile required under section 
4205. 
‘‘(5) Mechanisms for allocating funds for activities under 
the program, including allocations of funds by weapon type 
and facility. 
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123 STAT. 2706 
PUBLIC LAW 111–84—OCT. 28, 2009 
‘‘(6) An identification of the funds needed, in the fiscal 
year in which the plan is developed and in each of the following 
five fiscal years, to carry out the program. 
‘‘(d) ANNUAL UPDATES.—The Secretary of Energy shall annually 
update the plan required under subsection (c) and shall submit 
the updated plan to Congress as part of the stockpile stewardship 
plan required by section 4203(c). 
‘‘(e) PROGRAM BUDGET.—In accordance with the requirements 
under section 4209, for each budget submitted by the President 
to Congress under section 1105 of title 31, United States Code, 
the amounts requested for the program under this section shall 
be clearly identified in the budget justification materials submitted 
to Congress in support of that budget.’’. 
(b) CLERICAL AMENDMENT.—The table of contents in section 
4001(b) of such Act (division D of Public Law 107–314) is amended 
by striking the items relating to sections 4204 and 4204A and 
inserting the following new item: 
‘‘Sec. 4204. Stockpile management program.’’. 
SEC. 3114. DUAL VALIDATION OF ANNUAL WEAPONS ASSESSMENT AND 
CERTIFICATION. 
(a) DUAL VALIDATION.— 
(1) PLAN.—Not later than March 1, 2010, the Administrator 
for Nuclear Security shall submit to the congressional defense 
committees a plan (including a schedule) to carry out subsection 
(c) of section 4205 of the Atomic Energy Defense Act (division 
D of Public Law 107–314; 50 U.S.C. 2525), as added by para-
graph (2) of this subsection. 
(2) DUAL VALIDATION.—Section 4205 of the Atomic Energy 
Defense Act (division D of Public Law 107–314; 50 U.S.C. 
2525) is amended— 
(A) by redesignating subsections (c) through (h) as 
subsections (d) through (i), respectively; and 
(B) by inserting after subsection (b) the following new 
subsection (c): 
‘‘(c) DUAL VALIDATION TEAMS IN SUPPORT OF ASSESSMENTS.— 
In support of the assessments required by subsection (a), the 
Administrator for Nuclear Security may establish teams, known 
as ‘dual validation teams’, to provide each national security labora-
tory responsible for weapons design with independent evaluations 
of the condition of each warhead for which such laboratory has 
lead responsibility. A dual validation team established by the 
Administrator shall— 
‘‘(1) be comprised of weapons experts from the laboratory 
that does not have lead responsibility for fielding the warhead 
being evaluated; 
‘‘(2) have access to all surveillance and underground test 
data for all stockpile systems for use in the independent evalua-
tions; 
‘‘(3) use all relevant available data to conduct independent 
calculations; and 
‘‘(4) pursue independent experiments to support the inde-
pendent evaluations.’’. 
(b) RED TEAM REVIEWS.—Subsection (d)(1) of such section, as 
redesignated by subsection (a)(2)(A) of this section, is amended— 
(1) by inserting ‘‘both’’ after ‘‘review’’; and 
Deadline. 
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123 STAT. 2707 
PUBLIC LAW 111–84—OCT. 28, 2009 
(2) by inserting after ‘‘that laboratory’’ the following: ‘‘and 
any independent evaluations conducted by a dual validation 
team under subsection (c)’’. 
(c) SUMMARY.—Subsection (e)(3) of such section, as redesignated 
by subsection (a)(2)(A) of this section, is amended— 
(1) in subparagraph (B), by striking ‘‘and’’ at the end; 
(2) in subparagraph (C), by striking the period and 
inserting ‘‘; and’’; and 
(3) by adding at the end the following new subparagraph: 
‘‘(D) a concise summary of the results of any inde-
pendent evaluation conducted by a dual validation team 
under subsection (c).’’. 
(d) CONFORMING
AMENDMENTS.—Such section is further 
amended— 
(1) in paragraph (3)(C) of subsection (e), as redesignated 
by subsection (a)(2)(A) of this section, by striking ‘‘subsection 
(c)’’ and inserting ‘‘subsection (d)’’; 
(2) in paragraph (1)(A) of subsection (f), as redesignated 
by subsection (a)(2)(A) of this section, by striking ‘‘subsection 
(d)’’ and inserting ‘‘subsection (e)’’; 
(3) in subsection (g), as redesignated by subsection (a)(2)(A) 
of this section, by striking ‘‘subsection (e)’’ and inserting ‘‘sub-
section (f)’’; and 
(4) in subsection (i), as redesignated by subsection (a)(2)(A) 
of this section— 
(A) in paragraph (1), by striking ‘‘subsection (d)’’ and 
inserting ‘‘subsection (e)’’; and 
(B) in paragraph (2), by striking ‘‘subsection (e)’’ and 
inserting ‘‘subsection (f)’’. 
SEC. 3115. ELIMINATION OF NUCLEAR WEAPONS LIFE EXTENSION PRO-
GRAM FROM EXCEPTION TO REQUIREMENT TO REQUEST 
FUNDS IN BUDGET OF THE PRESIDENT. 
Section 4209 of the Atomic Energy Defense Act (50 U.S.C. 
2529) is amended— 
(1) in subsection (c), by striking ‘‘necessary—’’ and all that 
follows through the period and inserting ‘‘necessary to address 
proliferation concerns.’’; and 
(2) in subsection (d)— 
(A) by striking paragraph (1); and 
(B) by redesignating paragraphs (2) and (3) as para-
graphs (1) and (2), respectively. 
SEC. 
3116. 
LONG-TERM 
PLAN 
FOR 
THE 
MODERNIZATION 
AND 
REFURBISHMENT OF THE NUCLEAR SECURITY COMPLEX. 
(a) IN GENERAL.—Subtitle D of the National Nuclear Security 
Administration Act (50 U.S.C. 2451 et seq.) is amended by adding 
at the end the following new section: 
‘‘SEC. 3255. BIENNIAL PLAN AND BUDGET ASSESSMENT ON THE MOD-
ERNIZATION AND REFURBISHMENT OF THE NUCLEAR 
SECURITY COMPLEX. 
‘‘(a) 
NUCLEAR
SECURITY
COMPLEX
MODERNIZATION
AND 
REFURBISHMENT PLAN AND ASSESSMENT.—The Administrator for 
Nuclear Security shall include with the nuclear security budget 
materials submitted for each odd-numbered fiscal year— 
50 USC 2455. 
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123 STAT. 2708 
PUBLIC LAW 111–84—OCT. 28, 2009 
‘‘(1) the plan for the modernization and refurbishment of 
the nuclear security complex described under subsection (b); 
and 
‘‘(2) an assessment by the Administrator of whether both 
the budget for such fiscal year and the future-years nuclear 
security program submitted to Congress in relation to such 
budget under section 3253 provide for funding of the nuclear 
security complex at a level that is sufficient for the moderniza-
tion and refurbishment of the nuclear security complex in 
accordance with the plan described under subsection (b). 
‘‘(b) PLAN ELEMENTS.—(1) The plan required under subsection 
(a)(1) shall be designed so that the nuclear security complex is 
capable of supporting— 
‘‘(A) the national security strategy of the United States, 
as set forth in the most recent national security strategy report 
of the President under section 108 of the National Security 
Act of 1947 (50 U.S.C. 404a), except that, if at the time such 
plan is submitted with the nuclear security budget materials 
a national security strategy report required under such section 
108 has not been submitted to Congress, then such plan shall 
be designed so that the modernization and refurbishment of 
the nuclear security complex provided for under such plan 
is capable of supporting the nuclear security complex rec-
ommended in the report of the most recent Quadrennial Defense 
Review; and 
‘‘(B) the nuclear posture of the United States as set forth 
in the most recent Nuclear Posture Review. 
‘‘(2) The plan required under subsection (a)(1) shall include 
the following: 
‘‘(A) A description of the modernization and refurbishment 
measures the Administrator determines necessary to meet the 
requirements of the national security strategy of the United 
States or the most recent Quadrennial Defense Review, which-
ever is applicable under paragraph (1)(A), and the Nuclear 
Posture Review. 
‘‘(B) A schedule for implementing those measures deter-
mined necessary under subparagraph (A) during the 10 years 
following the date of the plan. 
‘‘(C) The estimated levels of annual funds the Administrator 
determines necessary to carry out the program, including a 
discussion of the criteria, evidence, and strategies on which 
such estimated levels of annual funds are based. 
‘‘(c) BUDGET ASSESSMENT.—If the Administrator determines a 
budget request is insufficient for the modernization and refurbish-
ment of the nuclear security complex provided for in the plan 
required under subsection (a)(1), the Administrator shall include 
with the nuclear security budget materials for such fiscal year 
a further assessment that describes and discusses the risks and 
implications associated with the ability of the nuclear security 
complex to support the annual certification of the nuclear stockpile 
of the United States and maintain its long-term safety, security, 
and reliability. Such assessment shall be coordinated in advance 
with the Secretary of Defense and the Commander of the United 
States Strategic Command. 
‘‘(d) DEFINITIONS.—In this section: 
‘‘(1) The term ‘nuclear security complex’ means the physical 
facilities, technology, and human capital of— 
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123 STAT. 2709 
PUBLIC LAW 111–84—OCT. 28, 2009 
‘‘(A) the national security laboratories; 
‘‘(B) the Pantex Plant; 
‘‘(C) the Y–12 National Security Complex; 
‘‘(D) the Kansas City Plant; 
‘‘(E) the Savannah River Site; and 
‘‘(F) the Nevada test site. 
‘‘(2) The term ‘budget’, with respect to a fiscal year, means 
the budget for that fiscal year that is submitted to Congress 
by the President under section 1105(a) of title 31, United States 
Code. 
‘‘(3) The term ‘nuclear security budget materials’, with 
respect to a fiscal year, means the materials submitted to 
Congress by the Administrator for Nuclear Security in support 
of the budget for that fiscal year. 
‘‘(4) The term ‘Quadrennial Defense Review’ means the 
review of the defense programs and policies of the United 
States that is carried out every four years under section 118 
of title 10, United States Code.’’. 
(b) CLERICAL AMENDMENT.—The table of contents at the begin-
ning of the National Nuclear Security Administration Act is 
amended by inserting after the item relating to section 3254 the 
following new item: 
‘‘3255. Biennial plan and budget assessment on the modernization and refurbish-
ment of the nuclear security complex.’’. 
SEC. 3117. REPEAL OF PROHIBITION ON FUNDING ACTIVITIES ASSOCI-
ATED WITH INTERNATIONAL COOPERATIVE STOCKPILE 
STEWARDSHIP. 
(a) IN GENERAL.—Section 4301 of the Atomic Energy Defense 
Act (50 U.S.C. 2561) is repealed. 
(b) CLERICAL AMENDMENT.—The table of contents for that Act 
is amended by striking the item relating to section 4301. 
SEC. 3118. MODIFICATION OF MINOR CONSTRUCTION THRESHOLD FOR 
PLANT PROJECTS. 
(a) INCREASE.—Paragraph (3) of section 4701 of the Atomic 
Energy Defense Act (50 U.S.C. 2741(3)) is amended by striking 
‘‘$5,000,000’’ and inserting ‘‘$10,000,000’’. 
(b) SUNSET.—Effective September 30, 2010, such paragraph, 
as amended by subsection (a), is amended by striking ‘‘$10,000,000’’ 
and inserting ‘‘$5,000,000’’. 
(c) NOTIFICATION.—Notwithstanding section 4703 of such Act 
(50 U.S.C. 2743), in carrying out construction projects during fiscal 
year 2010, the Secretary of Energy may not start a general plant 
project with a total estimated cost of more than $5,000,000 until— 
(1) the Secretary notifies the congressional defense commit-
tees of such project and total estimated cost; and 
(2) a period of 15 days has elapsed after the date on 
which such notification is received. 
SEC. 3119. TWO-YEAR EXTENSION OF AUTHORITY FOR APPOINTMENT 
OF CERTAIN SCIENTIFIC, ENGINEERING, AND TECHNICAL 
PERSONNEL. 
Section 4601(c)(1) of the Atomic Energy Defense Act (50 U.S.C. 
2701(c)(1)) is amended by striking ‘‘September 30, 2009’’ and 
inserting ‘‘September 30, 2011’’. 
Time period. 
50 USC 2741 and 
note. 
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123 STAT. 2710 
PUBLIC LAW 111–84—OCT. 28, 2009 
SEC. 
3120. 
NATIONAL 
NUCLEAR 
SECURITY 
ADMINISTRATION 
AUTHORITY FOR URGENT NONPROLIFERATION ACTIVI-
TIES. 
(a) IN GENERAL.—Subject to the notification requirement under 
subsection (b), not more than 10 percent of the total amounts 
appropriated or otherwise made available in any fiscal year for 
the nonproliferation programs of the Department of Energy 
National Nuclear Security Administration may be expended, not-
withstanding any other law, for activities described under sub-
section (b)(1)(B). 
(b) DETERMINATION AND NOTICE.— 
(1) DETERMINATION.—The Secretary of Energy, with the 
concurrence of the Secretary of State and the Secretary of 
Defense, may make a written determination that— 
(A) threats arising from the proliferation of nuclear 
or radiological weapons or weapons-related materials, tech-
nologies, and expertise must be addressed urgently; 
(B) certain provisions of law would unnecessarily 
impede the Secretary’s ability to carry out nonproliferation 
activities of the National Nuclear Security Administration 
to address such threats; and 
(C) it is necessary to expend amounts described in 
subsection (a) to carry out such activities. 
(2) NOTICE REQUIRED.—Not later than 15 days before obli-
gating or expending funds under the authority provided in 
subsection (a), the Secretary of Energy shall notify the appro-
priate congressional committees of the determination made 
under paragraph (1). The notice shall include— 
(A) the determination; 
(B) the activities to be undertaken by the nonprolifera-
tion programs of the National Nuclear Security Administra-
tion; 
(C) the expected time frame for such activities; and 
(D) the expected costs of such activities. 
(c) APPROPRIATE CONGRESSIONAL COMMITTEES.—In this section, 
the term ‘‘appropriate congressional committees’’ means— 
(1) the Committee on Foreign Affairs, the Committee on 
Armed Services, and the Committee on Appropriations of the 
House of Representatives; and 
(2) the Committee on Foreign Relations, the Committee 
on Armed Services, and the Committee on Appropriations of 
the Senate. 
SEC. 3121. REPEAL OF SUNSET DATE FOR CONSOLIDATION OF 
COUNTERINTELLIGENCE PROGRAMS OF DEPARTMENT 
OF 
ENERGY 
AND 
NATIONAL 
NUCLEAR 
SECURITY 
ADMINISTRATION. 
Subsection (a) of section 3117 of the John Warner National 
Defense Authorization Act for Fiscal Year 2007 (Public Law 109– 
364; 120 Stat. 2507; 42 U.S.C. 7144b note) is amended to read 
as follows: 
‘‘(a) TRANSFER OF FUNCTIONS.—The functions, personnel, funds, 
assets, and other resources of the Office of Defense Nuclear Counter-
intelligence of the National Nuclear Security Administration are 
transferred to the Secretary of Energy, to be administered (except 
to any extent otherwise directed by the Secretary) by the Director 
of the Office of Counterintelligence of the Department of Energy.’’. 
Government 
organization. 
Definition. 
Deadline. 
50 USC 2455a. 
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123 STAT. 2711 
PUBLIC LAW 111–84—OCT. 28, 2009 
Subtitle C—Reports 
SEC. 3131. NATIONAL ACADEMY OF SCIENCES REVIEW OF NATIONAL 
SECURITY LABORATORIES. 
(a) IN GENERAL.—Not later than 60 days after the date of 
the enactment of this Act, the Secretary of Energy shall enter 
into an agreement with the National Academy of Sciences to conduct 
a study of the following laboratories: 
(1) The Lawrence Livermore National Laboratory, Cali-
fornia. 
(2) The Los Alamos National Laboratory, New Mexico. 
(3) The Sandia National Laboratories, California and New 
Mexico. 
(b) ELEMENTS.—The study required under subsection (a) shall 
include, with respect to each laboratory specified in such subsection, 
an evaluation of the following: 
(1) The quality of the scientific research being conducted 
at the laboratory, including research with respect to weapons 
science, nonproliferation, energy, and basic science. 
(2) The quality of the engineering being conducted at the 
laboratory. 
(3) The criteria used to assess the quality of scientific 
research and engineering being conducted at the laboratory. 
(4) The relationship between the quality of the science 
and engineering at the laboratory and the contract for man-
aging and operating the laboratory. 
(5) The management of work conducted by the laboratory 
for entities other than the Department of Energy, including 
academic institutions and other Federal agencies, and inter-
actions between the laboratory and such entities. 
(c) COOPERATION.—The Secretary of Energy shall, in consulta-
tion with the Secretary of Defense and the Director of National 
Intelligence, ensure that the National Academy of Sciences receives 
full and timely cooperation from the Department of Energy, the 
Department of Defense, and the intelligence community (as that 
term is defined in section 3(4) of the National Security Act of 
1947 (50 U.S.C. 401a(4))) in conducting the study required under 
subsection (a). 
(d) REPORT.—The National Academy of Sciences shall submit 
to the Secretary of Energy a report containing the results of the 
study and any recommendations resulting from the study. 
(e) SUBMITTAL TO CONGRESS.— 
(1) IN GENERAL.—Not later than January 1, 2011, the Sec-
retary of Energy shall submit to the appropriate congressional 
committees the report submitted under subsection (d) and any 
comments or recommendations of the Secretary with respect 
to that report. 
(2) FORM.—The report shall be submitted to the appropriate 
congressional committees in unclassified form, but may include 
a classified annex. 
(f) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In 
this section, the term ‘‘appropriate congressional committees’’ means 
the following: 
(1) The Committee on Armed Services, the Committee on 
Energy and Commerce, and the Committee on Science and 
Technology of the House of Representatives. 
Consultation. 
Contracts. 
Study. 
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123 STAT. 2712 
PUBLIC LAW 111–84—OCT. 28, 2009 
(2) The Committee on Armed Services and the Committee 
on Energy and Natural Resources of the Senate. 
SEC. 3132. PLAN TO ENSURE CAPABILITY TO MONITOR, ANALYZE, AND 
EVALUATE FOREIGN NUCLEAR WEAPONS ACTIVITIES. 
(a) PLAN.—The Secretary of Energy, in consultation with the 
Director of National Intelligence and the Secretary of Defense, 
shall prepare a plan to ensure that the national laboratories over-
seen by the Department of Energy maintain a robust technical 
capability to monitor, analyze, and evaluate foreign nuclear 
weapons activities. 
(b) REPORT.—Not later than February 28, 2010, the Secretary 
of Energy shall submit to the appropriate congressional committees 
a report describing the plan required under subsection (a) and 
the resources necessary to implement the plan. The report shall 
be in unclassified form, but may include a classified annex. 
(c) APPROPRIATE CONGRESSIONAL COMMITTEES.—In this section, 
the term ‘‘appropriate congressional committees’’ means— 
(1) the Committee on Armed Services, the Committee on 
Appropriations, and the Permanent Select Committee on Intel-
ligence of the House of Representatives; and 
(2) the Committee on Armed Services, the Committee on 
Appropriations, and the Select Committee on Intelligence of 
the Senate. 
SEC. 3133. COMPTROLLER GENERAL STUDY OF STOCKPILE STEWARD-
SHIP PROGRAM. 
(a) IN GENERAL.—The Comptroller General of the United States 
shall conduct a study of the stockpile stewardship program estab-
lished under section 4201 of the Atomic Energy Defense Act (50 
U.S.C. 2521) to determine if the program was functioning, as of 
December 2008, as envisioned when the program was established. 
(b) ELEMENTS.—The study required by subsection (a) shall 
include the following: 
(1) An assessment of whether the capabilities determined 
to be necessary to maintain the nuclear weapons stockpile 
without the use of nuclear testing have been implemented 
and the extent to which such capabilities are functioning. 
(2) A review and description of the agreements governing 
use, management, and support of the capabilities developed 
for the stockpile stewardship program and an assessment of 
enforcement of, and compliance with, those agreements. 
(3) An assessment of plans for surveillance and testing 
of nuclear weapons in the stockpile and the extent of the 
compliance with such plans. 
(4) An assessment of— 
(A) the condition of the infrastructure at the plants 
and laboratories of the nuclear weapons complex; 
(B) the value of nuclear weapons facilities built after 
1992; 
(C) any plans that are in place to maintain, improve, 
or replace such infrastructure; 
(D) whether there is a validated requirement for all 
planned infrastructure replacement projects; and 
(E) the projected costs for each such project and the 
time line for completion of each such project. 
Definition. 
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123 STAT. 2713 
PUBLIC LAW 111–84—OCT. 28, 2009 
(5) An assessment of the efforts to ensure and maintain 
the intellectual and technical capability of the nuclear weapons 
complex to support the nuclear weapons stockpile. 
(6) Recommendations for the stockpile stewardship pro-
gram going forward. 
(c) REPORT.—Not later than 270 days after the date of the 
enactment of this Act, the Comptroller General shall submit to 
the congressional defense committees a report containing the results 
of the study required by subsection (a). 
SEC. 3134. COMPTROLLER GENERAL OF THE UNITED STATES REVIEW 
OF PROJECTS CARRIED OUT BY THE OFFICE OF ENVIRON-
MENTAL 
MANAGEMENT 
OF 
THE 
DEPARTMENT 
OF 
ENERGY PURSUANT TO THE AMERICAN RECOVERY AND 
REINVESTMENT ACT OF 2009. 
(a) IN GENERAL.—The Comptroller General of the United States 
shall conduct a series of three reviews, as described in subsections 
(b), (c), and (d), of projects carried out by the Office of Environmental 
Management of the Department of Energy (in this section referred 
to as the ‘‘Office’’) using American Recovery and Reinvestment 
Act funds. 
(b) PHASE ONE REVIEW.— 
(1) IN GENERAL.—Beginning on the date of the enactment 
of this Act, the Comptroller General shall conduct a review 
of the following: 
(A) The criteria used by the Office to select projects 
to be carried out using American Recovery and Reinvest-
ment Act funds. 
(B) The extent to which lessons learned during previous 
accelerations of defense environmental cleanup efforts were 
used in the development of such criteria. 
(C) The process used by the Office to estimate costs 
and develop schedules for such projects. 
(D) The process used by the Office for the independent 
validation of the scope, cost, and schedule for such projects. 
(E) The criteria and methodology used by the Office 
to measure the contribution of each such project toward 
reducing the overall costs, and meeting the goals, of defense 
environmental cleanup. 
(2) REPORT.—Not later than 30 days after the date of 
the enactment of this Act, the Comptroller General shall submit 
to the congressional defense committees a report containing 
the results of the review conducted under paragraph (1). 
(c) PHASE TWO REVIEW.— 
(1) IN GENERAL.—The Comptroller General shall conduct 
a review, during the period described in paragraph (2), of 
the following: 
(A) The implementation of each project carried out 
using American Recovery and Reinvestment Act funds. 
(B) The extent to which each such project is meeting 
the cost and scheduling goals of the project. 
(C) The number of jobs created or maintained through 
such projects. 
(D) The adequacy of contract oversight for such 
projects. 
(E) Any program management, implementation or tech-
nical problems, or other problems in connection with such 
Effective date. 
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123 STAT. 2714 
PUBLIC LAW 111–84—OCT. 28, 2009 
projects that are identified by the Comptroller General 
in the course of the review. 
(F) Any management and implementation issues or 
actions, or other systemic issues, identified by the Comp-
troller General in the course of the review that either 
hinder or assist the effective management of defense 
environmental cleanup efforts. 
(2) PERIOD DESCRIBED.—The period described in this para-
graph is the period— 
(A) beginning on the date on which the Comptroller 
General submits the report required under subsection 
(b)(2); and 
(B) ending on the later of— 
(i) the date on which all projects carried out using 
American Recovery and Reinvestment Act funds have 
been completed; or 
(ii) the date on which all American Recovery and 
Reinvestment Act funds have been obligated or 
expended or are no longer available to be obligated 
or expended. 
(3) REPORTS.—The Comptroller General shall submit to 
the congressional defense committees a report on the status 
of the review conducted under paragraph (1) not later than 
30 days after submitting the report required under subsection 
(b)(2) and every 120 days thereafter until the end of the period 
described in paragraph (2). 
(d) PHASE THREE REVIEW.— 
(1) IN
GENERAL.—Beginning on the date on which the 
Comptroller General submits the last report required under 
subsection (c)(3), the Comptroller General shall conduct a 
review of the following: 
(A) The implementation of all projects carried out using 
American Recovery and Reinvestment Act funds, including 
the number of such projects— 
(i) that were completed; 
(ii) that were not completed; 
(iii) that were completed on budget; 
(iv) that exceeded the budget for such project; 
(v) that were completed on schedule; and 
(vi) that exceeded the scheduling goals for such 
project. 
(B) The impact on employment as a result of the 
completion of such projects. 
(C) Any lessons learned as a result of accelerating 
such projects. 
(D) The extent to which the achievement of the overall 
goals of defense environmental cleanup were accelerated, 
and the overall costs of defense environmental cleanup 
were reduced, as a result of such projects. 
(E) Any other issues the Comptroller General considers 
appropriate with respect to such projects. 
(2) REPORT.—Not later than 90 days after submitting the 
last report required under subsection (c)(3), the Comptroller 
General shall submit to the congressional defense committees 
a report containing the results of the review conducted under 
paragraph (1). 
Effective date. 
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123 STAT. 2715 
PUBLIC LAW 111–84—OCT. 28, 2009 
(e) AMERICAN
RECOVERY
AND
REINVESTMENT
ACT
FUNDS 
DEFINED.—In this section, the term ‘‘American Recovery and 
Reinvestment Act funds’’ means funds made available for the Office 
of Environmental Management under the heading ‘‘DEFENSE 
ENVIRONMENTAL CLEANUP’’ under the heading ‘‘ENVIRONMENTAL 
AND OTHER DEFENSE ACTIVITIES’’ under the heading 
‘‘DEPARTMENT OF ENERGY’’ under title IV of division A of 
the American Recovery and Reinvestment Act of 2009 (Public Law 
111–5; 123 Stat. 140). 
Subtitle D—Other Matters 
SEC. 3141. TEN-YEAR PLAN FOR USE AND FUNDING OF CERTAIN 
DEPARTMENT OF ENERGY FACILITIES. 
(a) IN GENERAL.—The Administrator for Nuclear Security and 
the Under Secretary for Science of the Department of Energy shall 
jointly develop a plan to use and fund, over a ten-year period, 
the following facilities of the Department of Energy: 
(1) The National Ignition Facility at the Lawrence Liver-
more National Laboratory, California. 
(2) The Los Alamos Neutron Science Center at the Los 
Alamos National Laboratory, New Mexico. 
(3) The Z Machine at the Sandia National Laboratories, 
New Mexico. 
(4) The Microsystems and Engineering Sciences Application 
Facility at the Sandia National Laboratories, New Mexico. 
(b) SUBMITTAL OF PLAN.—Not later than 45 days after the 
date of the enactment of this Act, the Administrator for Nuclear 
Security and the Under Secretary for Science of the Department 
of Energy shall submit to the appropriate congressional committees 
the plan required by subsection (a). 
(c) REQUIREMENT TO SPECIFY SOURCE OF FACILITY FUNDING 
IN BUDGET REQUESTS.—In any budget request for the Department 
of Energy for a fiscal year that is submitted to Congress after 
the date of the enactment of this Act, the Secretary of Energy 
shall identify for that fiscal year the portion of the funding for 
each facility specified in subsection (a) that is to be provided by 
the National Nuclear Security Administration and by the Office 
of Science of the Department of Energy. 
(d) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In 
this section, the term ‘‘appropriate congressional committees’’ 
means— 
(1) the Committee on Armed Services, the Committee on 
Appropriations, and the Committee on Science and Technology 
of the House of Representatives; and 
(2) the Committee on Armed Services, the Committee on 
Appropriations, and the Committee on Energy and Natural 
Resources of the Senate. 
SEC. 3142. EXPANSION OF AUTHORITY OF OMBUDSMAN OF ENERGY 
EMPLOYEES OCCUPATIONAL ILLNESS COMPENSATION 
PROGRAM. 
(a) IN
GENERAL.—Section 3686 of the Energy Employees 
Occupational Illness Compensation Program Act of 2000 (42 U.S.C. 
7385s–15) is amended— 
Deadline. 
50 USC 2451 
note. 
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123 STAT. 2716 
PUBLIC LAW 111–84—OCT. 28, 2009 
(1) in subsection (c), by inserting ‘‘and subtitle B’’ after 
‘‘this subtitle’’ each place it appears; 
(2) in subsection (d), by inserting ‘‘and subtitle B’’ after 
‘‘this subtitle’’; 
(3) in subsection (e), by inserting ‘‘and subtitle B’’ after 
‘‘this subtitle’’ each place it appears; 
(4) by redesignating subsection (g) as subsection (h); and 
(5) by inserting after subsection (f) the following new sub-
section: 
‘‘(g) NATIONAL
INSTITUTE
FOR
OCCUPATIONAL
SAFETY
AND 
HEALTH OMBUDSMAN.—In carrying out the duties of the Ombuds-
man under this section, the Ombudsman shall work with the indi-
vidual employed by the National Institute for Occupational Safety 
and Health to serve as an ombudsman to individuals making claims 
under subtitle B.’’. 
(b) CONSTRUCTION.—Except as specifically provided in sub-
section (g) of section 3686 of the Energy Employees Occupational 
Illness Compensation Program Act of 2000, as amended by sub-
section (a) of this section, nothing in the amendments made by 
such subsection (a) shall be construed to alter or affect the duties 
and functions of the individual employed by the National Institute 
for Occupational Safety and Health to serve as an ombudsman 
to individuals making claims under subtitle B of the Energy 
Employees Occupational Illness Compensation Program Act of 2000 
(42 U.S.C. 7384l et seq.). 
SEC. 3143. IDENTIFICATION IN BUDGET MATERIALS OF AMOUNTS FOR 
CERTAIN DEPARTMENT OF ENERGY PENSION OBLIGA-
TIONS. 
The Secretary of Energy shall include in the budget justification 
materials submitted to Congress in support of the Department 
of Energy budget for a fiscal year (as submitted with the budget 
of the President under section 1105(a) of title 31, United States 
Code) specific identification, as a budgetary line item, of the 
amounts required to meet the pension obligations of the Department 
of Energy for contractor employees at each facility of the Depart-
ment of Energy operated using amounts authorized to be appro-
priated for the Department of Energy. 
SEC. 3144. SENSE OF CONGRESS ON PRODUCTION OF MOLYBDENUM– 
99. 
(a) FINDINGS.—Congress finds the following: 
(1) There are fewer than five reactors around the world 
currently capable of producing molybdenum–99 (in this section 
referred to as ‘‘Mo–99’’) and there are no such reactors in 
the United States that can provide a reliable supply of Mo– 
99 to meet medical needs. 
(2) Since November 2007, there have been major disrup-
tions in the global availability of Mo–99, including at facilities 
in Canada and the Netherlands, which have led to shortages 
of Mo–99-based medical products in the United States and 
around the world. 
(3) Ensuring a reliable supply of medical radioisotopes, 
including Mo–99, is of great importance to the public health. 
(4) It is also a national security priority of the United 
States, and specifically of the Department of Energy, to encour-
age the production of low-enriched uranium-based radioisotopes 
in order to promote a more peaceful international nuclear order. 
42 USC 7279. 
42 USC 7385s-15 
note. 
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123 STAT. 2717 
PUBLIC LAW 111–84—OCT. 28, 2009 
(5) The National Academy of Sciences has identified a 
need to establish a reliable capability in the United States 
for the production of Mo–99 and its derivatives for medical 
purposes using low-enriched uranium. 
(6) There also exists a capable industrial base in the United 
States that can support the development of Mo–99 production 
facilities and can conduct the processing and distribution of 
radiopharmaceutical products for use in medical tests world-
wide. 
(b) SENSE OF CONGRESS.—It is the sense of Congress that— 
(1) radioisotopes and radiopharmaceuticals, including Mo– 
99 and its derivatives, are essential components of medical 
tests that help diagnose and treat life-threatening diseases 
affecting millions of people each year; and 
(2) the Secretary of Energy should continue and expand 
a program to meet the need identified by the National Academy 
of Sciences to ensure a source of Mo–99 and its derivatives 
for use in medical tests to help ensure the health security 
of the United States and around the world and promote peaceful 
nuclear industries through the use of low-enriched uranium. 
TITLE XXXII—DEFENSE NUCLEAR 
FACILITIES SAFETY BOARD 
TITLE XXXII—DEFENSE NUCLEAR FACILITIES SAFETY BOARD 
Sec. 3201. Authorization. 
SEC. 3201. AUTHORIZATION. 
There are authorized to be appropriated for fiscal year 2010, 
$26,086,000 for the operation of the Defense Nuclear Facilities 
Safety Board under chapter 21 of the Atomic Energy Act of 1954 
(42 U.S.C. 2286 et seq.). 
TITLE XXXIV—NAVAL PETROLEUM 
RESERVES 
Sec. 3401. Authorization of appropriations. 
SEC. 3401. AUTHORIZATION OF APPROPRIATIONS. 
(a) AMOUNT.—There are hereby authorized to be appropriated 
to the Secretary of Energy $23,627,000 for fiscal year 2010 for 
the purpose of carrying out activities under chapter 641 of title 
10, United States Code, relating to the naval petroleum reserves. 
(b) PERIOD OF AVAILABILITY.—Funds appropriated pursuant to 
the authorization of appropriations in subsection (a) shall remain 
available until expended. 
TITLE XXXV—MARITIME 
ADMINISTRATION 
Sec. 3501. Authorization of appropriations for fiscal year 2010. 
Sec. 3502. Unused leave balances. 
Sec. 3503. Temporary program authorizing contracts with adjunct professors at the 
United States Merchant Marine Academy. 
Sec. 3504. Maritime loan guarantee program. 
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123 STAT. 2718 
PUBLIC LAW 111–84—OCT. 28, 2009 
Sec. 3505. Defense measures against unauthorized seizures of Maritime Security 
Fleet vessels. 
Sec. 3506. Report on restrictions on United States-flagged commercial vessel secu-
rity. 
Sec. 3507. Technical corrections to State maritime academies student incentive pro-
gram. 
Sec. 3508. Cooperative agreements, administrative expenses, and contracting au-
thority. 
Sec. 3509. Use of funding for DOT maritime heritage property. 
Sec. 3510. Use of midshipman fees. 
Sec. 3511. Construction of vessels in the United States policy. 
Sec. 3512. Port infrastructure development program. 
Sec. 3513. Reefs for marine life conservation program. 
Sec. 3514. United States Merchant Marine Academy graduate program receipt, dis-
bursement, and accounting for nonappropriated funds. 
Sec. 3515. America’s short sea transportation grants for the development of marine 
highways. 
Sec. 3516. Expansion of the Marine View system. 
SEC. 3501. AUTHORIZATION OF APPROPRIATIONS FOR FISCAL YEAR 
2010. 
Funds are hereby authorized to be appropriated for fiscal year 
2010, to be available without fiscal year limitation if so provided 
in appropriations Acts, for the use of the Department of Transpor-
tation for the Maritime Administration as follows: 
(1) For expenses necessary for operations and training 
activities, $152,900,000, of which— 
(A) $15,391,000 shall remain available until expended 
for capital improvements at the United States Merchant 
Marine Academy; 
(B) $11,240,000 shall remain available until expended 
for maintenance and repair of training ships of the State 
Maritime Academies; and 
(C) $74,500,000 shall be available for operations at 
the United States Merchant Marine Academy. 
(2) For expenses to maintain and preserve a United States- 
flag merchant fleet to serve the national security needs of 
the United States under chapter 531 of title 46, United States 
Code, $174,000,000. 
(3) For expenses to dispose of obsolete vessels in the 
National Defense Reserve Fleet, $15,000,000. 
(4) For the cost (as defined in section 502(5) of the Federal 
Credit Reform Act of 1990 (2 U.S.C. 661a(5)) of loan guarantees 
under the program authorized by chapter 537 of title 46, United 
States Code, $60,000,000. 
(5) For administrative expenses related to the implementa-
tion of the loan guarantee program under chapter 537 of title 
46, United States Code, administrative expenses related to 
the implementation of the reimbursement program under sec-
tion 3517 of the Maritime Security Act of 2003 (46 U.S.C. 
53101 note), and administrative expenses related to the 
implementation of the program of assistance for small shipyards 
and maritime communities under section 54101 of title 46, 
United States Code, $4,000,000. 
SEC. 3502. UNUSED LEAVE BALANCES. 
The Maritime Administrator may, subject to the availability 
of appropriations, make a lump-sum payment for the accumulated 
balance of unused annual leave, at a rate of pay that existed 
on the date of termination or on the day before conversion to 
the Civil Service, to any former employee of a United States Mer-
chant Marine Academy nonappropriated fund instrumentality who 
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123 STAT. 2719 
PUBLIC LAW 111–84—OCT. 28, 2009 
was terminated from such employment in the period September 
2008 through March 2009 under authority granted by section 3506 
of the Duncan Hunter National Defense Authorization Act for fiscal 
year 2009 (Public Law 110–417; 122 Stat. 4356). 
SEC. 3503. TEMPORARY PROGRAM AUTHORIZING CONTRACTS WITH 
ADJUNCT PROFESSORS AT THE UNITED STATES MER-
CHANT MARINE ACADEMY. 
(a) IN GENERAL.—Chapter 513 of title 46, United States Code, 
is amended by adding at the end thereof the following: 
‘‘§ 51317. Adjunct professors 
‘‘(a) IN GENERAL.—The Maritime Administrator may establish 
a program for the purpose of contracting with individuals as per-
sonal services contractors to provide services as adjunct professors 
at the Academy, if the Maritime Administrator determines that 
there is a need for adjunct professors and the need is not of 
permanent duration. 
‘‘(b) CONTRACT REQUIREMENTS.—Each contract under the pro-
gram— 
‘‘(1) must be approved by the Maritime Administrator; and 
‘‘(2) shall be for a duration, including options, of not to 
exceed one year unless the Maritime Administrator finds that 
exceptional circumstances justify an extension of up to one 
additional year. 
‘‘(3) shall be subject to the availability of appropriations. 
‘‘(c) LIMITATION ON NUMBER OF CONTRACTORS.—In awarding 
contacts under this section, the Maritime Administrator shall 
ensure that not more than 25 individuals actively provide services 
in any one academic trimester, or equivalent, as contractors under 
subsection (a). 
‘‘(d) REPORTING REQUIREMENTS.—When the authority granted 
by subsection (a) is used to hire an adjunct professor at the Academy 
in fiscal year 2010 or fiscal year 2011, the Administrator shall 
notify the Committee on Armed Services of the House of Representa-
tives, the Committee on Armed Services of the Senate, and the 
Committee on Commerce, Science, and Transportation of the 
Senate, including the need for and the term of employment for 
the adjunct professor.’’. 
(b) CLERICAL AND CONFORMING AMENDMENTS.— 
(1) CLERICAL
AMENDMENT.—The table of contents for 
chapter 513 of title 46, United States Code, is amended by 
adding at the end thereof the following new item: 
‘‘51317. Adjunct professors.’ ’’’. 
(2) CONFORMING AMENDMENT.—Section 3506 of the Duncan 
Hunter National Defense Authorization Act for Fiscal Year 
2009 (46 U.S.C. 53101 note) is repealed. 
SEC. 3504. MARITIME LOAN GUARANTEE PROGRAM. 
The Congress finds that— 
(1) it is in the national security interest of the United 
States to foster commercial shipbuilding in the United States; 
(2) the maritime loan guarantee program authorized by 
chapter 537 or title 46, United States Code, has a long and 
successful history of facilitating construction of commercial ves-
sels in domestic shipyards; 
Repeal. 
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123 STAT. 2720 
PUBLIC LAW 111–84—OCT. 28, 2009 
(3) the Maritime Loan Guarantee Program strengthens 
our Nation’s industrial base by allowing domestic shipyards 
and their allied service and supply industries to more effectively 
produce commercial vessels that enhance the commercial sealift 
capability of the Department of Defense; and 
(4) a revitalized and effective Maritime Loan Guarantee 
Program would result in construction of a more modern and 
larger fleet of commercial vessels manned by United States 
citizens, thereby providing a pool of trained United States 
citizen mariners available to assist the Department of Defense 
in times of war or national emergency. 
SEC. 3505. DEFENSE MEASURES AGAINST UNAUTHORIZED SEIZURES 
OF MARITIME SECURITY FLEET VESSELS. 
Section 53107(b) of title 46, United States Code, is amended 
by adding at the end the following new paragraph: 
‘‘(3) DEFENSE
MEASURES
AGAINST
UNAUTHORIZED
SEI-
ZURES.—(A) The Emergency Preparedness Agreement for any 
operating agreement that first takes effect or is renewed after 
the date of enactment of the National Defense Authorization 
Act for Fiscal Year 2010 shall require that any vessel operating 
under the agreement in the carriage of cargo for the Depart-
ment of Defense in an area that is designated by the Coast 
Guard as an area of high risk of piracy shall be equipped 
with, at a minimum, appropriate non-lethal defense measures 
to protect the vessel, crew, and cargo from unauthorized seizure 
at sea. 
‘‘(B) The Secretary of Defense and the Secretary of the 
department in which the Coast Guard is operating shall jointly 
prescribe the non-lethal defense measures that are required 
under this paragraph.’’. 
SEC. 3506. REPORT ON RESTRICTIONS ON UNITED STATES-FLAGGED 
COMMERCIAL VESSEL SECURITY. 
(a) REPORT REQUIRED.—The Secretary of Defense and the Sec-
retary of State shall prepare and submit a joint report to the 
appropriate congressional committees not later than 60 days after 
the date of the enactment of this Act on actions within their 
respective departments to— 
(1) eliminate or reduce restrictions under any regulation 
or provision of law on the carriage of arms and use of armed 
security teams on United States-flagged commercial vessels 
for purpose of self defense in areas that are designated as 
being at a high risk of piracy; 
(2) negotiate bilateral agreements with coastal states to 
allow United States-flagged commercial vessels carrying United 
States Government cargos, such as food aid, that must transit 
areas designated as being at high risk of piracy, to enter 
the ports of those coastal states while carrying arms or 
embarked armed security teams for the purpose of self-defense; 
and 
(3) establish common standards, in coordination with the 
Secretary of Homeland Security and the Commandant of the 
United States Coast Guard, for the training and professional 
qualifications of armed security teams. 
(b) DEFINITIONS.—In this section: 
(1) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term 
‘‘appropriate congressional committees’’ means— 
Piracy. 
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123 STAT. 2721 
PUBLIC LAW 111–84—OCT. 28, 2009 
(A) the Committee on Armed Services, the Committee 
on Foreign Affairs, and the Committee on Transportation 
and Infrastructure of the House of Representatives; and 
(B) the Committee on Armed Services, the Committee 
on Foreign Relations, and the Committee on Commerce, 
Science, and Transportation of the Senate. 
(2) ARMED SECURITY TEAMS.—The term ‘‘armed security 
teams’’ means security guards employed from the private sector 
for the purpose of self-defense of the vessel. 
SEC. 3507. TECHNICAL CORRECTIONS TO STATE MARITIME ACADEMIES 
STUDENT INCENTIVE PROGRAM. 
(a) INSTALLMENT PAYMENTS.—Section 51509(b) of title 46, 
United States Code, is amended— 
(1) by striking ‘‘and be paid before the start of each aca-
demic year, as prescribed by the Secretary,’’ and inserting ‘‘and 
be paid in such installments as the Secretary shall determine’’; 
(2) by striking ‘‘academy.’’ and inserting ‘‘academy, as pre-
scribed by the Secretary.’’. 
(b) REPEAL OF REDUNDANT SECTION.—Section 177 of division 
I of Public Law 111–8 (123 Stat. 945; relating to amendments 
previously enacted by section 3503 of division C of Public Law 
110–417 (122 Stat. 4762)) is repealed and shall have no force 
or effect. 
SEC. 3508. COOPERATIVE AGREEMENTS, ADMINISTRATIVE EXPENSES, 
AND CONTRACTING AUTHORITY. 
Section 109 of title 49, United States Code, is amended— 
(1) by striking the headline for subsection (h) and inserting 
the following: 
‘‘(h) CONTRACTS, COOPERATIVE AGREEMENTS, AND AUDITS.—’’; 
(2) by striking the heading for paragraph (1) of subsection 
(h) and inserting the following: 
‘‘(1) CONTRACTS AND COOPERATIVE AGREEMENTS.—’’; 
(3) by striking ‘‘make contracts’’ in subsection (h)(1) and 
inserting ‘‘make contracts and cooperative agreements’’; 
(4) by striking ‘‘section and’’ in subsection (h)(1)(A) and 
inserting ‘‘section,’’; 
(5) by striking ‘‘title 46;’’ in subsection (h)(1)(A) and insert 
‘‘title 46, and all other Maritime Administration programs;’’; 
and 
(6) by redesignating subsection (i) as subsection (j) and 
inserting after subsection (h) the following: 
‘‘(i) GRANT ADMINISTRATIVE EXPENSES.—Except as otherwise 
provided by law, the administrative and related expenses for the 
administration of any grant programs by the Maritime Adminis-
trator may not exceed 3 percent.’’. 
SEC. 3509. USE OF FUNDING FOR DOT MARITIME HERITAGE PROP-
ERTY. 
Section 6(a)(1) of the National Maritime Heritage Act of 1994 
(16 U.S.C. 5405(a)(1)) is amended by striking subparagraph (C) 
and inserting the following: 
‘‘(C) The remainder, whether collected before or after 
the date of enactment of the Maritime Administration 
Authorization Act of 2010, shall be available to the Sec-
retary to carry out the Program, as provided in subsection 
Ante, p. 944. 
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123 STAT. 2722 
PUBLIC LAW 111–84—OCT. 28, 2009 
(b) of this section or, if otherwise determined by the Mari-
time Administrator, for use in the preservation and presen-
tation to the public of maritime heritage property of the 
Maritime Administration.’’. 
SEC. 3510. USE OF MIDSHIPMAN FEES. 
Section 51314 of title 46, United States Code, is amended 
by striking ‘‘1994.’’ in subsection (b) and inserting ‘‘1994, or for 
calculators, computers, personal and academic supplies, mid-
shipman services such as barber, tailor, or laundry services, and 
Coast Guard license fees.’’. 
SEC. 3511. CONSTRUCTION OF VESSELS IN THE UNITED STATES 
POLICY. 
Section 50101(a)(4) of title 46, United States Code, is amended 
by inserting ‘‘constructed in the United States’’ after ‘‘vessels’’. 
SEC. 3512. PORT INFRASTRUCTURE DEVELOPMENT PROGRAM. 
Section 50302 of title 46, United States Code, is amended 
by adding at the end thereof the following: 
‘‘(c) PORT INFRASTRUCTURE DEVELOPMENT PROGRAM.— 
‘‘(1) ESTABLISHMENT
OF
PROGRAM.—The Secretary of 
Transportation, through the Maritime Administrator, shall 
establish a port infrastructure development program for the 
improvement of port facilities as provided in this subsection. 
‘‘(2) AUTHORITY OF THE ADMINISTRATOR.—In order to carry 
out any project under the program established under paragraph 
(1), the Administrator may— 
‘‘(A) receive funds provided for the project from Federal, 
non-Federal, and private entities that have a specific agree-
ment or contract with the Administrator to further the 
purposes of this subsection; 
‘‘(B) coordinate with other Federal agencies to expedite 
the process established under the National Environmental 
Policy Act of 1969 (42 U.S.C. 4321 et seq.) for the improve-
ment of port facilities to improve the efficiency of the 
transportation system, to increase port security, or to pro-
vide greater access to port facilities; 
‘‘(C) seek to coordinate all reviews or requirements 
with appropriate local, State, and Federal agencies; and 
‘‘(D) provide such technical assistance to port authori-
ties or commissions or their subdivisions and agents as 
needed for project planning, design, and construction. 
‘‘(3) PORT INFRASTRUCTURE DEVELOPMENT FUND.— 
‘‘(A) ESTABLISHMENT.—There is a Port Infrastructure 
Development Fund for use by the Administrator in carrying 
out projects under the port infrastructure development pro-
gram. The Fund shall be available to the Administrator— 
‘‘(i) to administer and carry out projects under 
the program; 
‘‘(ii) to receive Federal, non-Federal, and private 
funds from entities which have specific agreements 
or contracts with the Administrator; and 
‘‘(iii) to make refunds for projects that will not 
be completed. 
‘‘(B) CREDITS.—There may be deposited into the Fund— 
‘‘(i) funds from Federal, non-Federal, and private 
entities which have agreements or contracts with the 
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123 STAT. 2723 
PUBLIC LAW 111–84—OCT. 28, 2009 
Administrator and which shall remain in the Fund 
until expended or refunded; and 
‘‘(ii) such amounts as may be appropriated or 
transferred, subject to subparagraph (C), to the Fund 
under this subsection. 
‘‘(C) TRANSFERS.— 
‘‘(i) IN GENERAL.—Subject to clauses (ii) and (iii), 
amounts appropriated or otherwise made available for 
any fiscal year for a marine facility or intermodal 
facility that includes maritime transportation may be 
transferred, at the option of the recipient of such 
amounts, to the Fund and administered by the 
Administrator as a component of a project under the 
program. 
‘‘(ii) PROHIBITION ON TRANSFERS.—Except as pro-
vided in clause (iii), no funds appropriated or made 
available under title 23 or chapter 53 of title 49, United 
States Code, including funds from the Highway Trust 
Fund (section 9503(c) of the Internal Revenue Code 
of 1986), funds from the Mass Transit Account of the 
Highway Trust Fund (section 9503(e) of Internal Rev-
enue Code of 1986), and funds provided for public 
transportation programs within the mass transit cat-
egory (as defined in section 250(c)(4)(C) of the Balanced 
Budget and Emergency Deficit Control Act of 1985), 
shall be transferred into the Fund. 
‘‘(iii) EXCEPTION.— 
‘‘(I) IN GENERAL.—Amounts described in sub-
clause (II) are eligible for transfer into the Fund 
if— 
‘‘(aa) the recipient of the amounts has a 
specific agreement or contract with the 
Administrator; 
‘‘(bb) the Department of Transportation 
agency that administers the amounts to be 
transferred has granted project approval for 
each component of the project that is to be 
funded using such amounts; 
‘‘(cc) the Department of Transportation 
agency that administers the amounts to be 
transferred and the Maritime Administration 
agree to the transfer through a signed Memo-
randum of Understanding; and 
‘‘(dd) the amounts will be used only to 
carry out the project for which funds were 
approved, and in accordance with any condi-
tions governing the amounts under title 23 
or chapter 53 of title 49, United States Code. 
‘‘(II) 
AMOUNTS
DESCRIBED.—The 
amounts 
referred to in subclause (I) are amounts appro-
priated or made available— 
‘‘(aa) for loans, loan guarantees, or lines 
of credit under chapter 6 of title 23, United 
States Code, for a project eligible under such 
chapter 
to 
facilitate 
direct 
intermodal 
exchange, transfer, and access into and out 
of 
a 
port 
as 
defined 
under 
section 
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123 STAT. 2724 
PUBLIC LAW 111–84—OCT. 28, 2009 
601(a)(8)(D)(iii) of such title, as in effect on 
the date of enactment of this subsection; or 
‘‘(bb) for projects under title XII of division 
A of the American Recovery and Reinvestment 
Act of 2009 (Public Law 111–5). 
‘‘(D) LIMITATION
ON
STATUTORY
CONSTRUCTION.— 
Nothing in this section shall be construed to alter or other-
wise affect existing authorities to conduct port infrastruc-
ture programs in Hawaii (as authorized by section 9008 
of Public Law 109–59), Alaska (as authorized by section 
10205 of Public Law 109–59), or Guam (as authorized 
by section 3512 of Public Law 110–417). 
‘‘(4) 
AUTHORIZATION
OF
APPROPRIATIONS.—There 
are 
authorized to be appropriated to the Fund such sums as may 
be necessary to carry out the program, taking into account 
amounts received under paragraph (3)(A)(ii).’’. 
SEC. 3513. REEFS FOR MARINE LIFE CONSERVATION PROGRAM. 
(a) IN GENERAL.—Section 3 of Public Law 92–402 (16 U.S.C. 
1220) is amended by adding at the end thereof the following: 
‘‘(d) Any territory, possession, or Commonwealth of the United 
States, and any foreign country, may apply to the Secretary for 
an obsolete vessel to be used for an artificial reef under this section. 
The application process and reefing of any such obsolete vessel 
shall be performed in a manner consistent with the process jointly 
developed by the Secretary of Transportation and the Administrator 
of the Environmental Protection Agency under section 3504(b) of 
Public Law 107–314 (16 U.S.C. 1220 note).’’. 
(b) LIMITATION.—Section 7 of Public Law 92–402 (16 U.S.C. 
1220c–1) is amended by adding at the end thereof the following: 
‘‘(d) LIMITATION.—The Secretary may not provide assistance 
under this section to a foreign country to which an obsolete ship 
is transferred under this Act.’’. 
SEC. 3514. UNITED STATES MERCHANT MARINE ACADEMY GRADUATE 
PROGRAM RECEIPT, DISBURSEMENT, AND ACCOUNTING 
FOR NONAPPROPRIATED FUNDS. 
Section 51309(b) of title 46, United States Code, is amended 
by inserting after ‘‘body.’’ the following: ‘‘Nonappropriated funds 
received for this purpose shall be credited to the Maritime Adminis-
tration’s Operations and Training appropriation, to remain available 
until expended, for those expenses directly related to the purpose 
of such receipts. The Superintendent shall maintain a separate 
and detailed accounting of nonappropriated fund receipts and all 
associated expenses.’’. 
SEC. 3515. AMERICA’S SHORT SEA TRANSPORTATION GRANTS FOR THE 
DEVELOPMENT OF MARINE HIGHWAYS. 
Section 55601 of title 46, United States Code, is amended 
by adding at the end the following: 
‘‘(g) GRANTS.— 
‘‘(1) IN GENERAL.—The Secretary shall establish and imple-
ment a short sea transportation grant program to implement 
projects or components of a project designated under subsection 
(d). 
‘‘(2) APPLICATIONS.—In order to receive a grant under the 
program, an applicant shall— 
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123 STAT. 2725 
PUBLIC LAW 111–84—OCT. 28, 2009 
‘‘(A) submit an application to the Secretary, in such 
form and manner, at such time, and containing such 
information as the Secretary may require; and 
‘‘(B) demonstrate to the satisfaction of the Secretary 
that— 
‘‘(i) the project is financially viable; 
‘‘(ii) the funds received will be spent efficiently 
and effectively; and 
‘‘(iii) a market exists for the services of the pro-
posed project as evidenced by contracts or written 
statements of intent from potential customers. 
‘‘(3) NON-FEDERAL SHARE.—An applicant shall provide at 
least 20 percent of the project costs from non-Federal sources. 
In awarding grants under the program, the Secretary shall 
give a preference to those projects or components that present 
the most financially viable transportation services and require 
the lowest percentage Federal share of the costs.’’. 
SEC. 3516. EXPANSION OF THE MARINE VIEW SYSTEM. 
(a) DEFINITIONS.—In this section: 
(1) MARINE TRANSPORTATION SYSTEM.—The term ‘‘marine 
transportation system’’ means the navigable water transpor-
tation system of the United States, including the vessels, ports 
(and intermodal connections thereto), and shipyards and other 
vessel repair facilities that are components of that system. 
(2) MARINE VIEW SYSTEM.—The term ‘‘Marine View system’’ 
means the information system of the Maritime Administration 
known as Marine View. 
(b) PURPOSES.—The purposes of this section are— 
(1) to expand the Marine View system; and 
(2) to provide support for the strategic requirements of 
the marine transportation system and its contribution to the 
economic viability of the United States. 
(c) EXPANSION OF MARINE VIEW SYSTEM.—To accomplish the 
purposes of this section, the Secretary of Transportation shall 
expand the Marine View system so that such system is able to 
identify, collect, integrate, secure, protect, store, and securely dis-
tribute throughout the marine transportation system information 
that— 
(1) provides access to many disparate marine transpor-
tation system data sources; 
(2) enables a system-wide view of the marine transportation 
system; 
(3) fosters partnerships between the Government of the 
United States and private entities; 
(4) facilitates accurate and efficient modeling of the entire 
marine transportation system environment; 
(5) monitors and tracks threats to the marine transpor-
tation system, including areas of severe weather or reported 
piracy; and 
(6) provides vessel tracking and rerouting, as appropriate, 
to ensure that the economic viability of the United States 
waterways is maintained. 
49 USC 109 note. 
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123 STAT. 2726 
PUBLIC LAW 111–84—OCT. 28, 2009 
DIVISION D—FUNDING TABLES 
SEC. 4001. AUTHORIZATION OF AMOUNTS IN FUNDING TABLES. 
(a) AMOUNTS SPECIFIED IN FUNDING TABLES ARE AUTHORIZED 
BY LAW.—Wherever a funding table in this Division specifies a 
dollar amount for a project, program, or activity, the obligation 
and expenditure of the specified dollar amount for the indicated 
project, program, or activity is hereby authorized by law, subject 
to the availability of appropriations. 
(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 require-
ments of sections 2304(k) and 2374 of title 10, United States Code, 
and other applicable provisions of law. 
(c) 
RELATIONSHIP
TO
TRANSFER
AND
REPROGRAMMING 
AUTHORITY.—This section does not prevent an amount covered by 
this section from being transferred or reprogrammed under a 
transfer or reprogramming authority provided by another provision 
of this Act or by other law. The transfer or reprogramming of 
an amount specified in a funding table referred to in subsection 
(a) shall not count against a ceiling on such transfers or 
reprogrammings under section 1001 of this Act or any other provi-
sion of law, unless such transfer or reprogramming would move 
funds between appropriation accounts. 
(d) APPLICABILITY TO CLASSIFIED ANNEX.—This section applies 
to any classified annex that accompanies this Act. 
(e) ORAL AND WRITTEN COMMUNICATION.—No oral or written 
communication concerning any amount specified in a funding table 
referred to in subsection (a) shall supersede the requirements of 
this section. 
TITLE XLI—PROCUREMENT 
SEC. 4101. PROCUREMENT. 
PROCUREMENT 
(In Thousands of Dollars) 
Line 
Item 
FY 2010 
Request 
Conference 
Agreement 
AIRCRAFT PROCUREMENT, ARMY 
AIRCRAFT 
FIXED WING 
001 
JOINT CARGO AIRCRAFT (JCA) ......................................................
002 
UTILITY F/W AIRCRAFT ...................................................................
003 
MQ–1 UAV ............................................................................................
401,364 
201,364 
Avoid forward funding of production ...............................................
[–200,000] 
004 
RQ–11 (RAVEN) ...................................................................................
35,008 
35,008 
004A 
C–12A ....................................................................................................
ROTARY WING 
006 
ARMED RECONNAISSANCE HELICOPTER ..................................
007 
ADVANCE PROCUREMENT (CY) .................................................
008 
HELICOPTER, LIGHT UTILITY (LUH) ...........................................
326,040 
326,040 
009 
AH–64 APACHE BLOCK III ...............................................................
161,280 
161,280 
010 
ADVANCE PROCUREMENT (CY) .................................................
57,890 
57,890 
011 
UH–60 BLACKHAWK (MYP) .............................................................
1,258,374 
1,258,374 
012 
ADVANCE PROCUREMENT (CY) .................................................
98,740 
98,740 
013 
CH–47 HELICOPTER ..........................................................................
860,087 
882,087 
Transfer From APA 22 .....................................................................
[22,000] 
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123 STAT. 2727 
PUBLIC LAW 111–84—OCT. 28, 2009 
PROCUREMENT 
(In Thousands of Dollars) 
Line 
Item 
FY 2010 
Request 
Conference 
Agreement 
014 
ADVANCE PROCUREMENT (CY) .................................................
50,676 
50,676 
015 
HELICOPTER NEW TRAINING ........................................................
19,639 
0 
Program Not Justified ......................................................................
[–19,639] 
MODIFICATION OF AIRCRAFT 
016 
MQ–1 PAYLOAD—UAS ......................................................................
87,424 
87,424 
017 
MQ–1 WEAPONIZATION—UAS ........................................................
14,832 
14,832 
018 
GUARDRAIL MODS (MIP) .................................................................
61,517 
61,517 
019 
MULTI SENSOR ABN RECON (MIP) ...............................................
21,457 
21,457 
020 
AH–64 MODS .......................................................................................
426,415 
427,415 
Air Filtration Systems ......................................................................
[1,000] 
021 
ADVANCE PROCUREMENT (CY) .................................................
022 
CH–47 CARGO HELICOPTER MODS (MYP) ...................................
102,876 
85,876 
Common Avionics Architecture System ..........................................
[2,000] 
Vibration Management Enhancement Program .............................
[3,000] 
Transfer to APA 13 ...........................................................................
[–22,000] 
023 
ADVANCE PROCUREMENT (CY) .................................................
024 
UTILITY/CARGO AIRPLANE MODS ................................................
39,547 
39,547 
025 
AIRCRAFT LONG RANGE MODS .....................................................
823 
823 
026 
UTILITY HELICOPTER MODS .........................................................
66,682 
71,682 
UH–60 ARNG Rewiring Program ....................................................
[5,000] 
027 
KIOWA WARRIOR ...............................................................................
140,768 
140,768 
028 
AIRBORNE AVIONICS .......................................................................
241,287 
241,287 
029 
GATM ROLLUP ...................................................................................
103,142 
103,142 
030 
RQ–7 UAV MODS ................................................................................
283,012 
283,012 
030A 
C–12A ....................................................................................................
SPARES AND REPAIR PARTS 
031 
SPARE PARTS (AIR) ...........................................................................
7,083 
7,083 
SUPPORT EQUIPMENT AND FACILITIES 
GROUND SUPPORT AVIONICS 
032 
AIRCRAFT SURVIVABILITY EQUIPMENT ....................................
25,975 
25,975 
033 
ASE INFRARED CM ...........................................................................
186,356 
186,356 
OTHER SUPPORT 
034 
AVIONICS SUPPORT EQUIPMENT .................................................
4,933 
4,933 
035 
COMMON GROUND EQUIPMENT ...................................................
87,682 
87,682 
036 
AIRCREW INTEGRATED SYSTEMS ................................................
52,725 
55,725 
Air warrior ensemble—generation III .............................................
[3,000] 
037 
AIR TRAFFIC CONTROL ...................................................................
76,999 
76,999 
038 
INDUSTRIAL FACILITIES .................................................................
1,533 
1,533 
039 
LAUNCHER, 2.75 ROCKET ...............................................................
2,716 
2,716 
040 
AIRBORNE COMMUNICATIONS .....................................................
11,109 
11,109 
TOTAL—AIRCRAFT PROCUREMENT, ARMY ..........................
5,315,991 
5,110,352 
MISSILE PROCUREMENT, ARMY 
OTHER MISSILES 
SURFACE-TO-AIR MISSILE SYSTEM 
001 
PATRIOT SYSTEM SUMMARY .........................................................
348,351 
348,351 
002 
PATRIOT/MEADS CAP SYSTEM SUMMARY ..................................
16,406 
16,406 
003 
SURFACE-LAUNCHED AMRAAM SYSTEM SUMMARY: .............
72,920 
72,920 
004 
ADVANCE PROCUREMENT (CY) .................................................
AIR-TO-SURFACE MISSILE SYSTEM 
005 
HELLFIRE SYS SUMMARY ...............................................................
31,154 
29,154 
Unjustified cost growth ....................................................................
[–2,000] 
ANTI-TANK/ASSAULT MISSILE SYSTEM 
006 
JAVELIN (AAWS-M) SYSTEM SUMMARY ......................................
148,649 
148,649 
007 
TOW 2 SYSTEM SUMMARY ..............................................................
108,066 
108,066 
008 
GUIDED MLRS ROCKET (GMLRS) ..................................................
293,617 
293,617 
009 
MLRS REDUCED RANGE PRACTICE ROCKETS (RRPR) ............
15,663 
15,663 
010 
HIGH MOBILITY ARTILLERY ROCKET SYSTEM (HIMARS .......
209,061 
209,061 
011 
ARMY TACTICAL MSL SYS (ATACMS)—SYS SUM ......................
MODIFICATIONS 
012 
PATRIOT MODS ..................................................................................
44,775 
44,775 
013 
ITAS/TOW MODS ................................................................................
6,983 
6,983 
014 
MLRS MODS ........................................................................................
3,662 
3,662 
015 
HIMARS MODIFICATIONS ...............................................................
38,690 
38,690 
016 
HELLFIRE MODIFICATIONS ...........................................................
10 
10 
SPARES AND REPAIR PARTS 
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123 STAT. 2728 
PUBLIC LAW 111–84—OCT. 28, 2009 
PROCUREMENT 
(In Thousands of Dollars) 
Line 
Item 
FY 2010 
Request 
Conference 
Agreement 
017 
SPARES AND REPAIR PARTS ..........................................................
22,338 
22,338 
SUPPORT EQUIPMENT AND FACILITIES 
018 
AIR DEFENSE TARGETS ..................................................................
4,188 
4,188 
019 
ITEMS LESS THAN $5.0M (MISSILES) ...........................................
1,178 
1,178 
020 
PRODUCTION BASE SUPPORT .......................................................
4,398 
4,398 
TOTAL—MISSILE PROCUREMENT, ARMY ..............................
1,370,109 
1,368,109 
PROCUREMENT OF WEAPONS & TRACKED COMBAT VE-
HICLES 
TRACKED COMBAT VEHICLES 
001 
BRADLEY PROGRAM .........................................................................
002 
BRADLEY TRAINING DEVICES (MOD) ..........................................
003 
ABRAMS TANK TRAINING DEVICES .............................................
004 
STRYKER VEHICLE ...........................................................................
388,596 
364,196 
Program Reduction ...........................................................................
[–24,400] 
005 
FUTURE COMBAT SYSTEMS: (FCS) ...............................................
006 
ADVANCE PROCUREMENT (CY) .................................................
007 
FCS SPIN OUTS ..................................................................................
285,920 
285,920 
008 
ADVANCE PROCUREMENT (CY) .................................................
42,001 
42,001 
MODIFICATION OF TRACKED COMBAT VEHICLES 
009 
FIST VEHICLE (MOD) ........................................................................
34,192 
34,192 
010 
BRADLEY PROGRAM (MOD) ............................................................
526,356 
526,356 
011 
HOWITZER, MED SP FT 155MM M109A6 (MOD) ..........................
96,503 
5,003 
Army requested transfer to RDT&E, A, line 114 ...........................
[–91,500] 
012 
IMPROVED RECOVERY VEHICLE (M88A2 HERCULES) ............
96,814 
96,814 
013 
ARMORED BREACHER VEHICLE ...................................................
63,250 
63,250 
014 
JOINT ASSAULT BRIDGE .................................................................
70,637 
70,637 
015 
M1 ABRAMS TANK (MOD) ................................................................
183,829 
183,829 
016 
ABRAMS UPGRADE PROGRAM .......................................................
185,611 
185,611 
SUPPORT EQUIPMENT & FACILITIES 
017 
ITEMS LESS THAN $5.0M (TCV-WTCV) .........................................
018 
PRODUCTION BASE SUPPORT (TCV-WTCV) ................................
6,601 
6,601 
WEAPONS AND OTHER COMBAT VEHICLES 
019 
HOWITZER, LIGHT, TOWED, 105MM, M119 ..................................
95,631 
95,631 
020 
M240 MEDIUM MACHINE GUN (7.62MM) .....................................
32,919 
32,919 
021 
MACHINE GUN, CAL .50 M2 ROLL .................................................
84,588 
84,588 
022 
LIGHTWEIGHT .50 CALIBER MACHINE GUN ..............................
977 
977 
023 
M249 SAW MACHINE GUN (5.56MM) .............................................
7,535 
7,535 
024 
MK–19 GRENADE MACHINE GUN (40MM) ...................................
7,700 
7,700 
025 
MORTAR SYSTEMS ............................................................................
14,779 
14,779 
026 
M107, CAL. 50, SNIPER RIFLE .........................................................
224 
224 
027 
XM320 GRENADE LAUNCHER MODULE (GLM) ..........................
16,023 
16,023 
028 
M110 SEMI-AUTOMATIC SNIPER SYSTEM (SASS) .....................
6,223 
6,223 
029 
M4 CARBINE .......................................................................................
20,500 
20,500 
030 
SHOTGUN, MODULAR ACCESSORY SYSTEM (MASS) ................
6,945 
6,945 
031 
COMMON REMOTELY OPERATED WEAPONS STATION (CRO 
100,000 
Program Increase ..............................................................................
[100,000] 
032 
HANDGUN ...........................................................................................
3,389 
3,389 
033 
HOWITZER LT WT 155MM (T) ..........................................................
49,572 
49,572 
MOD OF WEAPONS AND OTHER COMBAT VEH 
034 
MK–19 GRENADE MACHINE GUN MODS .....................................
8,164 
8,164 
035 
M4 CARBINE MODS ...........................................................................
31,472 
31,472 
036 
M2 50 CAL MACHINE GUN MODS ..................................................
7,738 
7,738 
037 
M249 SAW MACHINE GUN MODS ..................................................
7,833 
7,833 
038 
M240 MEDIUM MACHINE GUN MODS ..........................................
17,964 
17,964 
039 
PHALANX MODS ................................................................................
040 
M119 MODIFICATIONS .....................................................................
25,306 
25,306 
041 
M16 RIFLE MODS ...............................................................................
4,186 
4,186 
041A 
M14 7.62 RIFLE MODS .......................................................................
042 
MODIFICATIONS LESS THAN $5.0M (WOCV-WTCV) ..................
6,164 
6,164 
SUPPORT EQUIPMENT & FACILITIES 
043 
ITEMS LESS THAN $5.0M (WOCV-WTCV) .....................................
551 
551 
044 
PRODUCTION BASE SUPPORT (WOCV-WTCV) ............................
9,855 
12,855 
Arsenal Support Program Initiative (ASPI) at Rock Island ..........
[3,000] 
045 
INDUSTRIAL PREPAREDNESS ........................................................
392 
392 
046 
SMALL ARMS EQUIPMENT (SOLDIER ENH PROG) ...................
5,012 
5,012 
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123 STAT. 2729 
PUBLIC LAW 111–84—OCT. 28, 2009 
PROCUREMENT 
(In Thousands of Dollars) 
Line 
Item 
FY 2010 
Request 
Conference 
Agreement 
TOTAL—PROCUREMENT OF WTCV, ARMY .............................
2,451,952 
2,439,052 
PROCUREMENT OF AMMUNITION, ARMY 
AMMUNITION 
SMALL/MEDIUM CALIBER AMMUNITION 
001 
CTG, 5.56MM, ALL TYPES .................................................................
207,752 
207,752 
002 
CTG, 7.62MM, ALL TYPES .................................................................
77,602 
77,602 
003 
CTG, HANDGUN, ALL TYPES ..........................................................
5,120 
5,120 
004 
CTG, .50 CAL, ALL TYPES ................................................................
162,342 
162,342 
005 
CTG, 25MM, ALL TYPES ....................................................................
17,054 
17,054 
006 
CTG, 30MM, ALL TYPES ....................................................................
96,572 
96,572 
007 
CTG, 40MM, ALL TYPES ....................................................................
172,675 
175,675 
Additional 40mm Mortar Rounds—Milan AAP ..............................
[3,000] 
MORTAR AMMUNITION 
008 
60MM MORTAR, ALL TYPES ............................................................
23,607 
25,607 
M722 60mm White Phosphorous Smoke Mortar Rounds ..............
[2,000] 
009 
81MM MORTAR, ALL TYPES ............................................................
28,719 
28,719 
010 
CTG, MORTAR, 120MM, ALL TYPES ...............................................
104,961 
104,961 
TANK AMMUNITION 
011 
CTG TANK 105MM: ALL TYPES .......................................................
7,741 
7,741 
012 
CTG, TANK, 120MM, ALL TYPES .....................................................
113,483 
113,483 
ARTILLERY AMMUNITION 
013 
CTG, ARTY, 75MM: ALL TYPES .......................................................
5,229 
5,229 
014 
CTG, ARTY, 105MM: ALL TYPES .....................................................
90,726 
90,726 
015 
CTG, ARTY, 155MM, ALL TYPES .....................................................
54,546 
54,546 
016 
PROJ 155MM EXTENDED RANGE XM982 .....................................
62,292 
62,292 
017 
MODULAR ARTILLERY CHARGE SYSTEM (MACS), ALL T .......
33,441 
33,441 
ARTILLERY FUZES 
018 
ARTILLERY FUZES, ALL TYPES .....................................................
19,870 
19,870 
MINES 
019 
MINES, ALL TYPES ............................................................................
815 
815 
020 
MINE, CLEARING CHARGE, ALL TYPES ......................................
021 
ANTIPERSONNEL LANDMINE ALTERNATIVES .........................
56,387 
56,387 
022 
INTELLIGENT MUNITIONS SYSTEM (IMS), ALL TYPES ...........
19,507 
19,507 
ROCKETS 
023 
SHOULDER LAUNCHED MUNITIONS, ALL TYPES ....................
45,302 
45,302 
024 
ROCKET, HYDRA 70, ALL TYPES ....................................................
99,904 
99,904 
OTHER AMMUNITION 
025 
DEMOLITION MUNITIONS, ALL TYPES .......................................
18,793 
18,793 
026 
GRENADES, ALL TYPES ...................................................................
49,910 
49,910 
027 
SIGNALS, ALL TYPES ........................................................................
83,094 
83,094 
028 
SIMULATORS, ALL TYPES ...............................................................
12,081 
12,081 
MISCELLANEOUS 
029 
AMMO COMPONENTS, ALL TYPES ................................................
17,968 
17,968 
030 
NON-LETHAL AMMUNITION, ALL TYPES ....................................
7,378 
7,378 
031 
CAD/PAD ALL TYPES .........................................................................
3,353 
3,353 
032 
ITEMS LESS THAN $5 MILLION .....................................................
8,826 
8,826 
033 
AMMUNITION PECULIAR EQUIPMENT .......................................
11,187 
11,187 
034 
FIRST DESTINATION TRANSPORTATION (AMMO) ....................
14,354 
14,354 
035 
CLOSEOUT LIABILITIES ..................................................................
99 
99 
AMMUNITION PRODUCTION BASE SUPPORT 
PRODUCTION BASE SUPPORT 
036 
PROVISION OF INDUSTRIAL FACILITIES ....................................
151,943 
153,943 
Bomb line modernization .................................................................
[2,000] 
037 
LAYAWAY OF INDUSTRIAL FACILITIES ......................................
9,529 
9,529 
038 
MAINTENANCE OF INACTIVE FACILITIES .................................
8,772 
8,772 
039 
CONVENTIONAL MUNITIONS DEMILITARIZATION, ALL ........
145,777 
145,777 
040 
ARMS INITIATIVE ..............................................................................
3,184 
3,184 
TOTAL—PROCUREMENT OF AMMUNITION, ARMY .............
2,051,895 
2,058,895 
OTHER PROCUREMENT, ARMY 
TACTICAL AND SUPPORT VEHICLES 
TACTICAL VEHICLES 
001 
TACTICAL TRAILERS/DOLLY SETS ...............................................
95,893 
95,893 
002 
SEMITRAILERS, FLATBED: ..............................................................
20,870 
20,870 
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123 STAT. 2730 
PUBLIC LAW 111–84—OCT. 28, 2009 
PROCUREMENT 
(In Thousands of Dollars) 
Line 
Item 
FY 2010 
Request 
Conference 
Agreement 
003 
SEMITRAILERS, TANKERS ..............................................................
13,217 
13,217 
004 
HI MOB MULTI-PURP WHLD VEH (HMMWV) ..............................
281,123 
281,123 
005 
FAMILY OF MEDIUM TACTICAL VEH (FMTV) ............................
1,158,522 
1,033,522 
Program reduction ............................................................................
[–125,000] 
006 
FIRETRUCKS & ASSOCIATED FIREFIGHTING EQUIPMEN .....
17,575 
17,575 
007 
FAMILY OF HEAVY TACTICAL VEHICLES (FHTV) .....................
812,918 
812,918 
008 
PLS ESP ................................................................................................
18,973 
18,973 
009 
ARMORED SECURITY VEHICLES (ASV) ........................................
136,605 
136,605 
010 
MINE PROTECTION VEHICLE FAMILY ........................................
402,517 
312,517 
Reassessment of program requirement ...........................................
[–90,000] 
011 
FAMILY OF MINE RESISTANT AMBUSH PROTEC (MRAP) .......
012 
TRUCK, TRACTOR, LINE HAUL, M915/M916 ................................
74,703 
74,703 
013 
HVY EXPANDED MOBILE TACTICAL TRUCK EXT SERV P ......
180,793 
180,793 
014 
HMMWV RECAPITALIZATION PROGRAM ....................................
2,904 
2,904 
015 
MODIFICATION OF IN SVC EQUIP ................................................
10,314 
10,314 
016 
ITEMS LESS THAN $5.0M (TAC VEH) ............................................
298 
298 
017 
TOWING DEVICE-FIFTH WHEEL ...................................................
414 
414 
NON-TACTICAL VEHICLES 
018 
HEAVY ARMORED SEDAN ...............................................................
1,980 
1,980 
019 
PASSENGER CARRYING VEHICLES ..............................................
269 
269 
020 
NONTACTICAL VEHICLES, OTHER ...............................................
3,052 
3,052 
COMMUNICATIONS AND ELECTRONICS EQUIPMENT 
COMM-JOINT COMMUNICATIONS 
021 
COMBAT IDENTIFICATION PROGRAM .........................................
022 
JOINT COMBAT IDENTIFICATION MARKING SYSTEM ............
11,868 
11,868 
023 
WIN-T—GROUND FORCES TACTICAL NETWORK ......................
544,202 
544,202 
024 
JCSE EQUIPMENT (USREDCOM) ....................................................
4,868 
4,868 
COMM—SATELLITE COMMUNICATIONS 
025 
DEFENSE ENTERPRISE WIDEBAND SATCOM SYSTEMS (S ....
145,108 
145,108 
026 
SHF TERM ...........................................................................................
90,918 
90,918 
027 
SAT TERM, EMUT (SPACE) ..............................................................
653 
653 
028 
NAVSTAR GLOBAL POSITIONING SYSTEM (SPACE) .................
72,735 
72,735 
029 
SMART-T (SPACE) ..............................................................................
61,116 
61,116 
030 
SCAMP (SPACE) ..................................................................................
1,834 
1,834 
031 
GLOBAL BRDCST SVC—GBS ...........................................................
6,849 
6,849 
032 
MOD OF IN-SVC EQUIP (TAC SAT) .................................................
2,862 
2,862 
COMM—COMBAT SUPPORT COMM 
032A 
MOD-IN-SERVICE PROFILER ..........................................................
COMM—C3 SYSTEM 
033 
ARMY GLOBAL CMD & CONTROL SYS (AGCCS) .........................
22,996 
22,996 
COMM—COMBAT COMMUNICATIONS 
034 
ARMY DATA DISTRIBUTION SYSTEM (DATA RADIO) ...............
1,705 
1,705 
035 
JOINT TACTICAL RADIO SYSTEM .................................................
90,204 
35,040 
Testing delays in JTRS GMR ..........................................................
[–55,164] 
036 
RADIO TERMINAL SET, MIDS LVT(2) ............................................
8,549 
8,549 
037 
SINCGARS FAMILY ............................................................................
6,812 
0 
Program Reduction ...........................................................................
[–6,812] 
038 
AMC CRITICAL ITEMS—OPA2 .........................................................
038A 
SINCGARS—GROUND .......................................................................
039 
MULTI-PURPOSE INFORMATIONS OPERATIONS SYSEMS ......
6,164 
6,164 
040 
BRIDGE TO FUTURE NETWORKS ..................................................
041 
COMMS-ELEC EQUIP FIELDING ....................................................
042 
SPIDER APLA REMOTE CONTROL UNIT ......................................
21,820 
21,820 
043 
IMS REMOTE CONTROL UNIT ........................................................
9,256 
9,256 
044 
SOLDIER ENHANCEMENT PROGRAM COMM/ELECTRONICS
4,646 
4,646 
045 
COMBAT SURVIVOR EVADER LOCATOR (CSEL) ........................
2,367 
2,367 
046 
RADIO, IMPROVED HF (COTS) FAMILY ........................................
6,555 
6,555 
047 
MEDICAL COMM FOR CBT CASUALTY CARE (MC4) ..................
18,583 
18,583 
COMM—INTELLIGENCE COMM 
048 
CI AUTOMATION ARCHITECTURE (MIP) .....................................
1,414 
1,414 
INFORMATION SECURITY 
049 
TSEC—ARMY KEY MGT SYS (AKMS) .............................................
29,525 
29,525 
050 
INFORMATION SYSTEM SECURITY PROGRAM-ISSP ................
33,189 
33,189 
COMM—LONG HAUL COMMUNICATIONS 
051 
TERRESTRIAL TRANSMISSION ......................................................
1,890 
1,890 
052 
BASE SUPPORT COMMUNICATIONS ............................................
25,525 
25,525 
053 
ELECTROMAG COMP PROG (EMCP) ..............................................
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PUBLIC LAW 111–84—OCT. 28, 2009 
PROCUREMENT 
(In Thousands of Dollars) 
Line 
Item 
FY 2010 
Request 
Conference 
Agreement 
054 
WW TECH CON IMP PROG (WWTCIP) ...........................................
31,256 
31,256 
COMM—BASE COMMUNICATIONS 
055 
INFORMATION SYSTEMS .................................................................
216,057 
216,057 
056 
DEFENSE MESSAGE SYSTEM (DMS) .............................................
6,203 
6,203 
057 
INSTALLATION INFO INFRASTRUCTURE MOD PROGRAM( ....
147,111 
147,111 
058 
PENTAGON INFORMATION MGT AND TELECOM ......................
39,906 
39,906 
ELECT EQUIP—TACT INT REL ACT (TIARA) 
061 
ALL SOURCE ANALYSIS SYS (ASAS) (MIP) ..................................
062 
JTT/CIBS-M (MIP) ...............................................................................
3,279 
3,279 
063 
PROPHET GROUND (MIP) ................................................................
64,498 
64,498 
064 
TACTICAL UNMANNED AERIAL SYS (TUAS)MIP .......................
065 
SMALL UNMANNED AERIAL SYSTEM (SUAS) ............................
066 
DIGITAL TOPOGRAPHIC SPT SYS (DTSS) (MIP) ..........................
067 
DRUG INTERDICTION PROGRAM (DIP) (TIARA) .........................
068 
TACTICAL EXPLOITATION SYSTEM (MIP) ...................................
069 
DCGS-A (MIP) ......................................................................................
85,354 
85,354 
070 
JOINT TACTICAL GROUND STATION (JTAGS) ............................
6,703 
6,703 
071 
TROJAN (MIP) .....................................................................................
26,659 
26,659 
072 
MOD OF IN-SVC EQUIP (INTEL SPT) (MIP) ..................................
7,021 
7,021 
073 
CI HUMINT AUTO REPRTING AND COLL(CHARCS) (MIP ........
4,509 
4,509 
074 
SEQUOYAH FOREIGN LANGUAGE TRANSLATION SYSTEM ...
6,420 
6,420 
075 
ITEMS LESS THAN $5.0M (MIP) ......................................................
17,053 
17,053 
ELECT EQUIP—ELECTRONIC WARFARE (EW) 
076 
LIGHTWEIGHT COUNTER MORTAR RADAR ...............................
31,661 
31,661 
077 
WARLOCK ............................................................................................
078 
COUNTERINTELLIGENCE/SECURITY COUNTERMEASURES ..
1,284 
1,284 
079 
CI MODERNIZATION (MIP) ..............................................................
1,221 
1,221 
ELECT EQUIP—TACTICAL SURV. (TAC SURV) 
080 
SENTINEL MODS ...............................................................................
25,863 
25,863 
081 
SENSE THROUGH THE WALL (STTW) ..........................................
25,352 
25,352 
082 
NIGHT VISION DEVICES ..................................................................
366,820 
191,158 
Contractor production delays in Enhanced Night Vision Goggle 
line.
[–175,662] 
083 
LONG RANGE ADVANCED SCOUT SURVEILLANCE SYSTEM
133,836 
133,836 
084 
NIGHT VISION, THERMAL WPN SIGHT ........................................
313,237 
313,237 
085 
SMALL TACTICAL OPTICAL RIFLE MOUNTED MLRF ..............
9,179 
9,179 
086 
RADIATION MONITORING SYSTEMS ............................................
2,198 
2,198 
087 
COUNTER-ROCKET, ARTILLERY & MORTAR (C-RAM) ..............
088 
BASE EXPEDITIONARY TARGETING AND SURV SYS ...............
089 
ARTILLERY ACCURACY EQUIP ......................................................
5,838 
5,838 
090 
MOD OF IN-SVC EQUIP (MMS) ........................................................
091 
ENHANCED PORTABLE INDUCTIVE ARTILLERY FUZE SE ....
1,178 
1,178 
092 
PROFILER ............................................................................................
4,766 
4,766 
093 
MOD OF IN-SVC EQUIP (FIREFINDER RADARS) ........................
2,801 
2,801 
094 
FORCE XXI BATTLE CMD BRIGADE & BELOW (FBCB2) ...........
271,979 
271,979 
095 
JOINT BATTLE COMMAND—PLATFORM (JBC-P) .......................
17,242 
17,242 
096 
LIGHTWEIGHT LASER DESIGNATOR/RANGEFINDER (LLD ....
59,080 
59,080 
097 
COMPUTER BALLISTICS: LHMBC XM32 .......................................
098 
MORTAR FIRE CONTROL SYSTEM ................................................
15,520 
15,520 
099 
COUNTERFIRE RADARS ...................................................................
194,665 
194,665 
100 
INTEGRATED MET SYS SENSORS (IMETS)—MIP .......................
101 
ENHANCED SENSOR & MONITORING SYSTEM .........................
1,944 
1,944 
ELECT EQUIP—TACTICAL C2 SYSTEMS 
102 
TACTICAL OPERATIONS CENTERS ...............................................
29,934 
29,934 
103 
FIRE SUPPORT C2 FAMILY .............................................................
39,042 
39,042 
104 
BATTLE COMMAND SUSTAINMENT SUPPORT SYSTEM (BC ..
31,968 
31,968 
105 
FAAD C2 ...............................................................................................
8,289 
8,289 
106 
AIR & MSL DEFENSE PLANNING & CONTROL SYS (AMD .......
62,439 
62,439 
107 
KNIGHT FAMILY ................................................................................
80,831 
80,831 
108 
LIFE CYCLE SOFTWARE SUPPORT (LCSS) ..................................
1,778 
1,778 
109 
AUTOMATIC IDENTIFICATION TECHNOLOGY ...........................
31,542 
31,542 
110 
TC AIMS II ...........................................................................................
11,124 
11,124 
111 
JOINT NETWORK MANAGEMENT SYSTEM (JNMS) ...................
112 
TACTICAL INTERNET MANAGER ..................................................
113 
NETWORK MANAGEMENT INITIALIZATION AND SERVICE ...
53,898 
53,898 
114 
MANEUVER CONTROL SYSTEM (MCS) .........................................
77,646 
77,646 
115 
SINGLE ARMY LOGISTICS ENTERPRISE (SALE) ........................
46,861 
46,861 
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123 STAT. 2732 
PUBLIC LAW 111–84—OCT. 28, 2009 
PROCUREMENT 
(In Thousands of Dollars) 
Line 
Item 
FY 2010 
Request 
Conference 
Agreement 
116 
RECONNAISSANCE AND SURVEYING INSTRUMENT SET ......
11,118 
11,118 
117 
MOUNTED BATTLE COMMAND ON THE MOVE (MBCOTM) ....
926 
926 
ELECT EQUIP—AUTOMATION 
118 
GENERAL FUND ENTERPRISE BUSINESS SYSTEM ..................
85,801 
85,801 
119 
ARMY TRAINING MODERNIZATION ..............................................
12,823 
12,823 
120 
AUTOMATED DATA PROCESSING EQUIP ....................................
254,723 
239,723 
Program Reduction ...........................................................................
[–15,000] 
121 
CSS COMMUNICATIONS ..................................................................
33,749 
33,749 
122 
RESERVE COMPONENT AUTOMATION SYS (RCAS) ..................
39,675 
39,675 
ELECT EQUIP—AUDIO VISUAL SYS (A/V) 
123 
AFRTS ...................................................................................................
124 
ITEMS LESS THAN $5.0M (A/V) .......................................................
2,709 
2,709 
125 
ITEMS LESS THAN $5M (SURVEYING EQUIPMENT) .................
5,172 
5,172 
ELECT EQUIP—MODS TACTICAL SYS/EQ 
126 
WEAPONIZATION OF UNMANNED AERIAL SYSTEM (UAS) ....
ELECT EQUIP—SUPPORT 
127 
ITEMS UNDER $5M (SSE) .................................................................
128 
PRODUCTION BASE SUPPORT (C-E) .............................................
518 
518 
CLASSIFIED PROGRAMS ..................................................................
2,522 
2,522 
OTHER SUPPORT EQUIPMENT 
CHEMICAL DEFENSIVE EQUIPMENT 
129 
PROTECTIVE SYSTEMS ....................................................................
2,081 
2,081 
130 
CBRN SOLDIER PROTECTION ........................................................
108,334 
108,334 
131 
SMOKE & OBSCURANT FAMILY: SOF (NON AAO ITEM) ..........
7,135 
7,135 
BRIDGING EQUIPMENT 
132 
TACTICAL BRIDGING ........................................................................
58,509 
58,509 
133 
TACTICAL BRIDGE, FLOAT-RIBBON .............................................
135,015 
135,015 
ENGINEER (NON-CONSTRUCTION) EQUIPMENT 
134 
HANDHELD STANDOFF MINEFIELD DETECTION SYS-HST ...
42,264 
42,264 
135 
GRND STANDOFF MINE DETECTION SYSTEM (GSTAMIDS ....
56,123 
59,123 
FIDO explosives detector .................................................................
[3,000] 
136 
EXPLOSIVE ORDNANCE DISPOSAL EQPMT (EOD EQPMT) .....
49,333 
49,333 
137 
$5M, COUNTERMINE EQUIPMENT ................................................
3,479 
3,479 
138 
AERIAL DETECTION .........................................................................
11,200 
200 
Funding ahead of need .....................................................................
[–11,000] 
COMBAT SERVICE SUPPORT EQUIPMENT 
139 
HEATERS AND ECU’S .......................................................................
11,924 
11,924 
140 
LAUNDRIES, SHOWERS AND LATRINES .....................................
141 
SOLDIER ENHANCEMENT ...............................................................
4,071 
4,071 
142 
LIGHTWEIGHT MAINTENANCE ENCLOSURE (LME) ................
142A 
LAND WARRIOR .................................................................................
143 
PERSONNEL RECOVERY SUPPORT SYSTEM (PRSS) .................
6,981 
6,981 
144 
GROUND SOLDIER SYSTEM ............................................................
1,809 
1,809 
145 
MOUNTED SOLDIER SYSTEM .........................................................
1,085 
1,085 
146 
FORCE PROVIDER .............................................................................
147 
FIELD FEEDING EQUIPMENT ........................................................
57,872 
57,872 
148 
CARGO AERIAL DEL & PERSONNEL PARACHUTE SYSTEM ...
66,381 
66,381 
149 
MOBILE INTEGRATED REMAINS COLLECTION SYSTEM: .......
16,585 
16,585 
150 
ITEMS LESS THAN $5M (ENG SPT) ................................................
25,531 
25,531 
PETROLEUM EQUIPMENT 
151 
QUALITY SURVEILLANCE EQUIPMENT ......................................
152 
DISTRIBUTION SYSTEMS, PETROLEUM & WATER ...................
84,019 
84,019 
WATER EQUIPMENT 
153 
WATER PURIFICATION SYSTEMS .................................................
7,173 
7,173 
MEDICAL EQUIPMENT 
154 
COMBAT SUPPORT MEDICAL .........................................................
33,694 
37,694 
Combat casualty care equipment upgrade program ......................
[3,000] 
Life Support for Trauma and Transport (LSTAT) .........................
[1,000] 
MAINTENANCE EQUIPMENT 
155 
MOBILE MAINTENANCE EQUIPMENT SYSTEMS ......................
137,002 
137,002 
156 
ITEMS LESS THAN $5.0M (MAINT EQ) ..........................................
812 
812 
CONSTRUCTION EQUIPMENT 
157 
GRADER, ROAD MTZD, HVY, 6X4 (CCE) ........................................
50,897 
50,897 
158 
SKID STEER LOADER (SSL) FAMILY OF SYSTEM ......................
18,387 
18,387 
159 
SCRAPERS, EARTHMOVING ............................................................
160 
DISTR, WATER, SP MIN 2500G SEC/NON-SEC .............................
161 
MISSION MODULES—ENGINEERING ...........................................
44,420 
44,420 
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123 STAT. 2733 
PUBLIC LAW 111–84—OCT. 28, 2009 
PROCUREMENT 
(In Thousands of Dollars) 
Line 
Item 
FY 2010 
Request 
Conference 
Agreement 
162 
LOADERS .............................................................................................
20,824 
20,824 
163 
HYDRAULIC EXCAVATOR ................................................................
18,785 
18,785 
164 
TRACTOR, FULL TRACKED .............................................................
50,102 
50,102 
165 
CRANES ................................................................................................
166 
PLANT, ASPHALT MIXING ...............................................................
12,915 
12,915 
167 
HIGH MOBILITY ENGINEER EXCAVATOR (HMEE) FOS ...........
36,451 
36,451 
168 
CONST EQUIP ESP ............................................................................
8,391 
8,391 
169 
ITEMS LESS THAN $5.0M (CONST EQUIP) ...................................
12,562 
12,562 
RAIL FLOAT CONTAINERIZATION EQUIPMENT 
170 
JOINT HIGH SPEED VESSEL (JHSV) .............................................
183,666 
183,666 
171 
HARBORMASTER 
COMMAND 
AND 
CONTROL 
CENTER 
(HCCC.
10,962 
10,962 
172 
ITEMS LESS THAN $5.0M (FLOAT/RAIL) ......................................
6,785 
6,785 
GENERATORS 
173 
GENERATORS AND ASSOCIATED EQUIP .....................................
146,067 
146,067 
MATERIAL HANDLING EQUIPMENT 
174 
ROUGH TERRAIN CONTAINER HANDLER (RTCH) ....................
41,239 
41,239 
175 
ALL TERRAIN LIFTING ARMY SYSTEM .......................................
44,898 
44,898 
TRAINING EQUIPMENT 
176 
COMBAT TRAINING CENTERS SUPPORT ....................................
22,967 
22,967 
177 
TRAINING DEVICES, NONSYSTEM ................................................
261,348 
276,698 
Operator driving simulator ..............................................................
[350] 
Joint fires & effects training systems (JFETS) ..............................
[5,000] 
Virtual interactive combat environment (VICE) ............................
[4,000] 
Mobile Firing Range—TX ARNG ....................................................
[1,500] 
Virtual Interactive Combat Environment (V.I.C.E.) Training 
System—VA ARNG.
[2,000] 
Immersive Group Simulation Virtual Training Systems for the 
Hawaii ARNG.
[2,500] 
178 
CLOSE COMBAT TACTICAL TRAINER ..........................................
65,155 
65,155 
179 
AVIATION COMBINED ARMS TACTICAL TRAINER (AVCA .......
12,794 
12,794 
180 
GAMING TECHNOLOGY IN SUPPORT OF ARMY TRAINING ....
7,870 
7,870 
TEST MEASURE AND DIG EQUIPMENT (TMD) 
181 
CALIBRATION SETS EQUIPMENT .................................................
16,844 
16,844 
182 
INTEGRATED FAMILY OF TEST EQUIPMENT (IFTE) ................
101,320 
101,320 
183 
TEST EQUIPMENT MODERNIZATION (TEMOD) .........................
15,526 
15,526 
OTHER SUPPORT EQUIPMENT 
184 
RAPID EQUIPPING SOLDIER SUPPORT EQUIPMENT ...............
21,770 
21,770 
185 
PHYSICAL SECURITY SYSTEMS (OPA3) .......................................
49,758 
49,758 
186 
BASE LEVEL COM’L EQUIPMENT ..................................................
1,303 
1,303 
187 
MODIFICATION OF IN-SVC EQUIPMENT (OPA–3) .....................
53,884 
53,884 
188 
PRODUCTION BASE SUPPORT (OTH) ............................................
3,050 
3,050 
189 
BUILDING, PRE-FAB, RELOCATABLE ...........................................
190 
SPECIAL EQUIPMENT FOR USER TESTING ................................
45,516 
45,516 
191 
AMC CRITICAL ITEMS OPA3 ...........................................................
12,232 
12,232 
192 
MA8975 .................................................................................................
4,492 
4,492 
SPARES AND REPAIR PARTS 
OPA2 
193 
INITIAL SPARES—C&E .....................................................................
25,867 
25,867 
194 
WIN-T INCREMENT 2 SPARES ........................................................
9,758 
9,758 
194a 
Procurement of computer services / systems ......................................
TOTAL—OTHER PROCUREMENT, ARMY .................................
9,907,151 
9,450,863 
JOINT IMPROVISED EXPLOSIVE DEVICE DEFEAT FUND 
NETWORK ATTACK 
001 
ATTACK THE NETWORK ..................................................................
203,100 
0 
Transfer to OCO ...............................................................................
[–203,100] 
JIEDDO DEVICE DEFEAT 
002 
DEFEAT THE DEVICE .......................................................................
199,100 
0 
Transfer to OCO ...............................................................................
[–199,100] 
FORCE TRAINING 
003 
TRAIN THE FORCE ............................................................................
41,100 
0 
Transfer to OCO ...............................................................................
[–41,100] 
STAFF AND INFRASTRUCTURE 
004 
OPERATIONS ......................................................................................
121,550 
0 
Transfer to OCO ...............................................................................
[–121,550] 
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123 STAT. 2734 
PUBLIC LAW 111–84—OCT. 28, 2009 
PROCUREMENT 
(In Thousands of Dollars) 
Line 
Item 
FY 2010 
Request 
Conference 
Agreement 
TOTAL—JOINT IED DEFEAT FUND ...........................................
564,850 
0 
AIRCRAFT PROCUREMENT, NAVY 
COMBAT AIRCRAFT 
001 
AV–8B (V/STOL) HARRIER ................................................................
002 
EA–18G .................................................................................................
1,611,837 
1,611,837 
003 
ADVANCE PROCUREMENT (CY) .................................................
20,559 
20,559 
004 
F/A–18E/F (FIGHTER) HORNET .......................................................
1,009,537 
1,521,817 
Additional aircraft ............................................................................
[512,280] 
005 
ADVANCE PROCUREMENT (CY) .................................................
51,431 
159,431 
EOQ for MYP III ...............................................................................
[108,000] 
006 
JOINT STRIKE FIGHTER ..................................................................
3,997,048 
3,997,048 
007 
ADVANCE PROCUREMENT (CY) .................................................
481,000 
481,000 
008 
V–22 (MEDIUM LIFT) .........................................................................
2,215,829 
2,215,829 
009 
ADVANCE PROCUREMENT (CY) .................................................
84,342 
84,342 
010 
UH–1Y/AH–1Z ......................................................................................
709,801 
609,801 
UH–1Y/AH–1Z Program Reduction .................................................
[–100,000] 
011 
ADVANCE PROCUREMENT (CY) .................................................
70,550 
70,550 
012 
MH–60S (MYP) .....................................................................................
414,145 
414,145 
013 
ADVANCE PROCUREMENT (CY) .................................................
78,830 
78,830 
014 
MH–60R ................................................................................................
811,781 
811,781 
015 
ADVANCE PROCUREMENT (CY) .................................................
131,504 
131,504 
016 
P–8A POSEIDON .................................................................................
1,664,525 
1,664,525 
017 
ADVANCE PROCUREMENT (CY) .....................................................
160,526 
149,646 
Excessive advance procurement growth .........................................
[–7,680] 
Funding for production line slots ....................................................
[–3,200] 
018 
E–2D ADV HAWKEYE ........................................................................
511,245 
511,245 
019 
ADVANCE PROCUREMENT (CY) .................................................
94,924 
94,924 
AIRLIFT AIRCRAFT 
020 
C–40A ....................................................................................................
74,381 
74,381 
TRAINER AIRCRAFT 
021 
T–45TS (TRAINER) GOSHAWK ........................................................
022 
JPATS ....................................................................................................
266,539 
266,539 
OTHER AIRCRAFT 
023 
KC–130J ................................................................................................
024 
ADVANCE PROCUREMENT (CY) .................................................
025 
RQ–7 UAV .............................................................................................
56,797 
53,797 
Attrition vehicles ...............................................................................
[–3,000] 
026 
MQ–8 UAV ............................................................................................
77,616 
77,616 
027 
OTHER SUPPORT AIRCRAFT ..........................................................
MODIFICATION OF AIRCRAFT 
028 
EA–6 SERIES .......................................................................................
39,977 
39,977 
029 
AV–8 SERIES .......................................................................................
35,668 
35,668 
030 
F–18 SERIES ........................................................................................
484,129 
480,729 
Excessive growth of IR Marker ECP ...............................................
[–3,400] 
031 
H–46 SERIES .......................................................................................
35,325 
35,325 
032 
AH–1W SERIES ...................................................................................
66,461 
66,461 
033 
H–53 SERIES .......................................................................................
68,197 
68,197 
034 
SH–60 SERIES .....................................................................................
82,253 
82,253 
035 
H–1 SERIES .........................................................................................
20,040 
20,040 
036 
EP–3 SERIES .......................................................................................
92,530 
92,530 
037 
P–3 SERIES ..........................................................................................
485,171 
445,571 
P–3 Series Program Reduction ........................................................
[–39,600] 
038 
S–3 SERIES ..........................................................................................
039 
E–2 SERIES ..........................................................................................
22,853 
22,853 
040 
TRAINER A/C SERIES ........................................................................
20,907 
20,907 
041 
C–2A ......................................................................................................
21,343 
21,343 
042 
C–130 SERIES ......................................................................................
22,449 
22,449 
043 
FEWSG ..................................................................................................
9,486 
9,486 
044 
CARGO/TRANSPORT A/C SERIES ....................................................
19,429 
19,429 
045 
E–6 SERIES ..........................................................................................
102,646 
102,646 
046 
EXECUTIVE HELICOPTERS SERIES ..............................................
42,456 
42,456 
047 
SPECIAL PROJECT AIRCRAFT ........................................................
14,869 
14,869 
048 
T–45 SERIES ........................................................................................
51,484 
51,484 
049 
POWER PLANT CHANGES ...............................................................
26,395 
26,395 
050 
JPATS SERIES .....................................................................................
4,922 
4,922 
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123 STAT. 2735 
PUBLIC LAW 111–84—OCT. 28, 2009 
PROCUREMENT 
(In Thousands of Dollars) 
Line 
Item 
FY 2010 
Request 
Conference 
Agreement 
051 
AVIATION LIFE SUPPORT MODS ...................................................
5,594 
5,594 
052 
COMMON ECM EQUIPMENT ...........................................................
47,419 
49,419 
Crane Integrated Defensive Countermeasures (IDECM) Depot 
Capability.
[2,000] 
053 
COMMON AVIONICS CHANGES .....................................................
151,112 
151,112 
054 
COMMON DEFENSIVE WEAPON SYSTEM ...................................
055 
ID SYSTEMS ........................................................................................
24,125 
24,125 
056 
V–22 (TILT/ROTOR ACFT) OSPREY .................................................
24,502 
24,502 
AIRCRAFT SPARES AND REPAIR PARTS 
057 
SPARES AND REPAIR PARTS ..........................................................
1,264,012 
1,262,412 
UH–1Y/AH–1Z reduction .................................................................
[–1,600] 
AIRCRAFT SUPPORT EQUIP & FACILITIES 
058 
COMMON GROUND EQUIPMENT ...................................................
363,588 
363,588 
059 
AIRCRAFT INDUSTRIAL FACILITIES ............................................
11,075 
11,075 
060 
WAR CONSUMABLES ........................................................................
55,406 
55,406 
061 
OTHER PRODUCTION CHARGES ...................................................
23,861 
23,861 
062 
SPECIAL SUPPORT EQUIPMENT ...................................................
42,147 
42,147 
063 
FIRST DESTINATION TRANSPORTATION ....................................
1,734 
1,734 
064 
CANCELLED ACCOUNT ADJUSTMENTS ......................................
TOTAL—AIRCRAFT PROCUREMENT, NAVY ...........................
18,378,312 
18,842,112 
WEAPONS PROCUREMENT, NAVY 
BALLISTIC MISSILES 
MODIFICATION OF MISSILES 
001 
TRIDENT II MODS ..............................................................................
1,060,504 
1,060,504 
SUPPORT EQUIPMENT & FACILITIES 
002 
MISSILE INDUSTRIAL FACILITIES ................................................
3,447 
3,447 
OTHER MISSILES 
STRATEGIC MISSILES 
003 
TOMAHAWK ........................................................................................
283,055 
283,055 
TACTICAL MISSILES 
004 
AMRAAM ..............................................................................................
145,506 
140,506 
Diminished manufacturing sources funding ahead of need ..........
[–5,000] 
005 
SIDEWINDER ......................................................................................
56,845 
56,845 
006 
JSOW .....................................................................................................
145,336 
145,336 
007 
SLAM-ER ..............................................................................................
008 
STANDARD MISSILE .........................................................................
249,233 
249,233 
009 
RAM .......................................................................................................
74,784 
74,784 
010 
HELLFIRE ............................................................................................
59,411 
59,411 
011 
AERIAL TARGETS ..............................................................................
47,003 
47,003 
012 
OTHER MISSILE SUPPORT ..............................................................
3,928 
3,928 
MODIFICATION OF MISSILES 
013 
ESSM .....................................................................................................
51,388 
51,388 
014 
HARM MODS .......................................................................................
47,973 
47,973 
015 
STANDARD MISSILES MODS ...........................................................
81,451 
81,451 
SUPPORT EQUIPMENT & FACILITIES 
016 
WEAPONS INDUSTRIAL FACILITIES ............................................
3,211 
13,211 
Accelerate facility restoration program ...........................................
[10,000] 
017 
FLEET SATELLITE COMM FOLLOW-ON .......................................
487,280 
487,280 
018 
ADVANCE PROCUREMENT (CY) .................................................
28,847 
28,847 
ORDNANCE SUPPORT EQUIPMENT 
019 
ORDNANCE SUPPORT EQUIPMENT ..............................................
48,883 
48,883 
TORPEDOES AND RELATED EQUIPMENT 
TORPEDOES AND RELATED EQUIP. 
020 
SSTD ......................................................................................................
021 
ASW TARGETS ....................................................................................
9,288 
9,288 
MOD OF TORPEDOES AND RELATED EQUIP 
022 
MK–46 TORPEDO MODS ...................................................................
94,159 
87,023 
Support funding carryover ...............................................................
[–7,136] 
023 
MK–48 TORPEDO ADCAP MODS .....................................................
61,608 
56,308 
Support funding carryover ...............................................................
[–5,300] 
024 
QUICKSTRIKE MINE .........................................................................
4,680 
4,680 
SUPPORT EQUIPMENT 
025 
TORPEDO SUPPORT EQUIPMENT .................................................
39,869 
39,869 
026 
ASW RANGE SUPPORT .....................................................................
10,044 
10,044 
DESTINATION TRANSPORTATION 
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123 STAT. 2736 
PUBLIC LAW 111–84—OCT. 28, 2009 
PROCUREMENT 
(In Thousands of Dollars) 
Line 
Item 
FY 2010 
Request 
Conference 
Agreement 
027 
FIRST DESTINATION TRANSPORTATION ....................................
3,434 
3,434 
OTHER WEAPONS 
GUNS AND GUN MOUNTS 
028 
SMALL ARMS AND WEAPONS ........................................................
12,742 
12,742 
MODIFICATION OF GUNS AND GUN MOUNTS 
029 
CIWS MODS .........................................................................................
158,896 
158,896 
030 
COAST GUARD WEAPONS ...............................................................
21,157 
21,157 
031 
GUN MOUNT MODS ...........................................................................
30,761 
30,761 
032 
LCS MODULE WEAPONS ..................................................................
033 
CRUISER MODERNIZATION WEAPONS ........................................
51,227 
51,227 
034 
AIRBORNE MINE NEUTRALIZATION SYSTEMS .........................
12,309 
12,309 
OTHER 
035 
MARINE CORPS TACTIAL UNMANNED AERIAL SYSTEM ........
036 
CANCELLED ACCOUNT ADJUSTMENTS ......................................
SPARES AND REPAIR PARTS 
037 
SPARES AND REPAIR PARTS ..........................................................
65,196 
65,196 
TOTAL—WEAPONS PROCUREMENT, NAVY ............................
3,453,455 
3,446,019 
PROCUREMENT OF AMMUNITION, NAVY & MARINE 
CORPS 
PROC AMMO, NAVY 
NAVY AMMUNITION 
001 
GENERAL PURPOSE BOMBS ...........................................................
75,227 
75,227 
002 
JDAM .....................................................................................................
1,968 
1,968 
003 
AIRBORNE ROCKETS, ALL TYPES .................................................
38,643 
38,643 
004 
MACHINE GUN AMMUNITION .......................................................
19,622 
12,062 
20MM linkless TP cost growth ........................................................
[–2,900] 
20MM linked TP cost growth ...........................................................
[–1,990] 
20MM linked HEI cost growth ........................................................
[–2,670] 
005 
PRACTICE BOMBS .............................................................................
33,803 
24,503 
Enhanced laser guided training round cost growth .......................
[–9,300] 
006 
CARTRIDGES & CART ACTUATED DEVICES ...............................
50,600 
50,600 
007 
AIR EXPENDABLE COUNTERMEASURES ....................................
79,102 
69,302 
MJU–55 production termination .....................................................
[–9,800] 
008 
JATOS ...................................................................................................
3,230 
3,230 
009 
5 INCH/54 GUN AMMUNITION ........................................................
27,483 
27,483 
010 
INTERMEDIATE CALIBER GUN AMMUNITION ..........................
25,974 
25,974 
011 
OTHER SHIP GUN AMMUNITION ..................................................
35,934 
35,934 
012 
SMALL ARMS & LANDING PARTY AMMO ....................................
43,490 
43,490 
013 
PYROTECHNIC AND DEMOLITION ................................................
10,623 
10,623 
014 
AMMUNITION LESS THAN $5 MILLION .......................................
3,214 
3,214 
PROC AMMO, MC 
MARINE CORPS AMMUNITION 
015 
SMALL ARMS AMMUNITION ...........................................................
87,781 
87,781 
016 
LINEAR CHARGES, ALL TYPES ......................................................
23,582 
23,582 
017 
40 MM, ALL TYPES ............................................................................
57,291 
57,291 
018 
60MM, ALL TYPES ..............................................................................
22,037 
22,037 
019 
81MM, ALL TYPES ..............................................................................
54,869 
54,869 
020 
120MM, ALL TYPES ............................................................................
29,579 
29,579 
021 
CTG 25MM, ALL TYPES .....................................................................
2,259 
2,259 
022 
GRENADES, ALL TYPES ...................................................................
10,694 
10,694 
023 
ROCKETS, ALL TYPES ......................................................................
13,948 
13,948 
024 
ARTILLERY, ALL TYPES ...................................................................
57,948 
57,948 
025 
EXPEDITIONARY FIGHTING VEHICLE .........................................
026 
DEMOLITION MUNITIONS, ALL TYPES .......................................
14,886 
14,886 
027 
FUZE, ALL TYPES ..............................................................................
575 
575 
028 
NON LETHALS ....................................................................................
3,034 
3,034 
029 
AMMO MODERNIZATION .................................................................
8,886 
8,886 
030 
ITEMS LESS THAN $5 MILLION .....................................................
4,393 
4,393 
TOTAL—PROCUREMENT OF AMMUNITION, NAVY & MA-
RINE CORPS.
840,675 
814,015 
SHIPBUILDING AND CONVERSION, NAVY 
OTHER WARSHIPS 
001 
CARRIER REPLACEMENT PROGRAM ............................................
739,269 
739,269 
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123 STAT. 2737 
PUBLIC LAW 111–84—OCT. 28, 2009 
PROCUREMENT 
(In Thousands of Dollars) 
Line 
Item 
FY 2010 
Request 
Conference 
Agreement 
002 
ADVANCE PROCUREMENT (CY) .................................................
484,432 
484,432 
003 
VIRGINIA CLASS SUBMARINE .......................................................
1,964,317 
1,964,317 
004 
ADVANCE PROCUREMENT (CY) .................................................
1,959,725 
1,959,725 
005 
CVN REFUELING OVERHAULS ......................................................
1,563,602 
1,563,602 
006 
ADVANCE PROCUREMENT (CY) .................................................
211,820 
211,820 
007 
SSBN ERO ............................................................................................
008 
ADVANCE PROCUREMENT (CY) .................................................
009 
DDG 1000 ..............................................................................................
1,084,161 
1,084,161 
010 
ADVANCE PROCUREMENT (CY) .................................................
011 
DDG–51 .................................................................................................
1,912,267 
1,912,267 
012 
ADVANCE PROCUREMENT (CY) .................................................
328,996 
328,996 
013 
LITTORAL COMBAT SHIP ................................................................
1,380,000 
1,380,000 
AMPHIBIOUS SHIPS 
014 
LPD–17 ..................................................................................................
872,392 
872,392 
015 
ADVANCE PROCUREMENT (CY) .................................................
184,555 
184,555 
016 
LHA REPLACEMENT .........................................................................
017 
ADVANCE PROCUREMENT (CY) .................................................
018 
INTRATHEATER CONNECTOR ........................................................
177,956 
177,956 
AUXILIARIES, CRAFT AND PRIOR YR PROGRAM COST 
019 
OUTFITTING .......................................................................................
391,238 
391,238 
020 
SERVICE CRAFT .................................................................................
3,694 
3,694 
021 
LCAC SLEP ..........................................................................................
63,857 
63,857 
022 
COMPLETION OF PY SHIPBUILDING PROGRAMS .....................
454,586 
454,586 
TOTAL—SHIPBUILDING AND CONVERSION, NAVY ............
13,776,867 
13,776,867 
OTHER PROCUREMENT, NAVY 
SHIPS SUPPORT EQUIPMENT 
SHIP PROPULSION EQUIPMENT 
001 
LM–2500 GAS TURBINE ....................................................................
8,014 
8,014 
002 
ALLISON 501K GAS TURBINE .........................................................
9,162 
9,162 
003 
OTHER PROPULSION EQUIPMENT ...............................................
NAVIGATION EQUIPMENT 
004 
OTHER NAVIGATION EQUIPMENT ...............................................
34,743 
34,743 
PERISCOPES 
005 
SUB PERISCOPES & IMAGING EQUIP ..........................................
75,127 
70,127 
Digital periscope contract delay .......................................................
[–5,000] 
OTHER SHIPBOARD EQUIPMENT 
006 
DDG MOD .............................................................................................
142,262 
142,262 
007 
FIREFIGHTING EQUIPMENT ..........................................................
11,423 
14,523 
Smart valves for fire suppression ....................................................
[3,100] 
008 
COMMAND AND CONTROL SWITCHBOARD ................................
4,383 
4,383 
009 
POLLUTION CONTROL EQUIPMENT ............................................
24,992 
24,992 
010 
SUBMARINE SUPPORT EQUIPMENT ............................................
16,867 
16,867 
011 
VIRGINIA CLASS SUPPORT EQUIPMENT ....................................
103,153 
103,153 
012 
SUBMARINE BATTERIES .................................................................
51,482 
51,482 
013 
STRATEGIC PLATFORM SUPPORT EQUIP ...................................
15,672 
15,672 
014 
DSSP EQUIPMENT .............................................................................
10,641 
10,641 
015 
CG MODERNIZATION ........................................................................
315,323 
315,323 
016 
LCAC .....................................................................................................
6,642 
6,642 
017 
MINESWEEPING EQUIPMENT ........................................................
018 
UNDERWATER EOD PROGRAMS ....................................................
19,232 
19,232 
019 
ITEMS LESS THAN $5 MILLION .....................................................
127,554 
124,430 
CVN auto voltage regulators ahead of need ...................................
[–3,124] 
020 
CHEMICAL WARFARE DETECTORS ..............................................
8,899 
8,899 
021 
SUBMARINE LIFE SUPPORT SYSTEM ..........................................
14,721 
14,721 
REACTOR PLANT EQUIPMENT 
022 
REACTOR POWER UNITS .................................................................
023 
REACTOR COMPONENTS .................................................................
262,354 
262,354 
OCEAN ENGINEERING 
024 
DIVING AND SALVAGE EQUIPMENT ............................................
5,304 
5,304 
SMALL BOATS 
025 
STANDARD BOATS ............................................................................
35,318 
35,318 
TRAINING EQUIPMENT 
026 
OTHER SHIPS TRAINING EQUIPMENT ........................................
15,113 
15,113 
PRODUCTION FACILITIES EQUIPMENT 
027 
OPERATING FORCES IPE .................................................................
47,172 
47,172 
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123 STAT. 2738 
PUBLIC LAW 111–84—OCT. 28, 2009 
PROCUREMENT 
(In Thousands of Dollars) 
Line 
Item 
FY 2010 
Request 
Conference 
Agreement 
OTHER SHIP SUPPORT 
028 
NUCLEAR ALTERATIONS ................................................................
136,683 
136,683 
029 
LCS MODULES ....................................................................................
137,259 
137,259 
LOGISTIC SUPPORT 
030 
LSD MIDLIFE ......................................................................................
117,856 
117,856 
COMMUNICATIONS AND ELECTRONICS EQUIPMENT 
SHIP RADARS 
031 
RADAR SUPPORT ...............................................................................
9,968 
9,968 
032 
SPQ–9B RADAR ...................................................................................
13,476 
13,476 
033 
AN/SQQ–89 SURF ASW COMBAT SYSTEM ....................................
111,093 
95,593 
SQQ–89 backfit suites ahead of need ..............................................
[–15,500] 
034 
SSN ACOUSTICS .................................................................................
299,962 
303,962 
TB–33 thinline towed array .............................................................
[4,000] 
035 
UNDERSEA WARFARE SUPPORT EQUIPMENT ..........................
38,705 
38,705 
036 
SONAR SWITCHES AND TRANSDUCERS .....................................
13,537 
13,537 
ASW ELECTRONIC EQUIPMENT 
037 
SUBMARINE ACOUSTIC WARFARE SYSTEM ..............................
20,681 
20,681 
038 
SSTD ......................................................................................................
2,184 
2,184 
039 
FIXED SURVEILLANCE SYSTEM ....................................................
63,017 
63,017 
040 
SURTASS ..............................................................................................
24,108 
24,108 
041 
TACTICAL SUPPORT CENTER ........................................................
22,464 
22,464 
ELECTRONIC WARFARE EQUIPMENT 
042 
AN/SLQ–32 ...........................................................................................
34,264 
34,264 
RECONNAISSANCE EQUIPMENT 
043 
SHIPBOARD IW EXPLOIT .................................................................
105,883 
105,883 
SUBMARINE SURVEILLANCE EQUIPMENT 
044 
SUBMARINE SUPPORT EQUIPMENT PROG ................................
98,645 
83,495 
Multi-function modular mast units ahead of need .........................
[–15,150] 
OTHER SHIP ELECTRONIC EQUIPMENT 
045 
NAVY TACTICAL DATA SYSTEM ....................................................
046 
COOPERATIVE ENGAGEMENT CAPABILITY ...............................
30,522 
30,522 
047 
GCCS-M EQUIPMENT ........................................................................
13,594 
13,594 
048 
NAVAL TACTICAL COMMAND SUPPORT SYSTEM (NTCSS) ....
35,933 
35,933 
049 
ATDLS ...................................................................................................
7,314 
7,314 
050 
MINESWEEPING SYSTEM REPLACEMENT .................................
79,091 
74,291 
RMS restructure ...............................................................................
[–4,800] 
051 
SHALLOW WATER MCM ...................................................................
7,835 
7,835 
052 
NAVSTAR GPS RECEIVERS (SPACE) .............................................
10,845 
10,845 
053 
ARMED FORCES RADIO AND TV ....................................................
3,333 
3,333 
054 
STRATEGIC PLATFORM SUPPORT EQUIP ...................................
4,149 
4,149 
TRAINING EQUIPMENT 
055 
OTHER TRAINING EQUIPMENT .....................................................
36,784 
36,784 
AVIATION ELECTRONIC EQUIPMENT 
056 
MATCALS .............................................................................................
17,468 
17,468 
057 
SHIPBOARD AIR TRAFFIC CONTROL ............................................
7,970 
7,970 
058 
AUTOMATIC CARRIER LANDING SYSTEM ..................................
18,878 
18,878 
059 
NATIONAL AIR SPACE SYSTEM .....................................................
28,988 
28,988 
060 
AIR STATION SUPPORT EQUIPMENT ...........................................
8,203 
8,203 
061 
MICROWAVE LANDING SYSTEM ...................................................
10,526 
10,526 
062 
ID SYSTEMS ........................................................................................
38,682 
38,682 
063 
TAC A/C MISSION PLANNING SYS(TAMPS) .................................
9,102 
9,102 
OTHER SHORE ELECTRONIC EQUIPMENT 
064 
DEPLOYABLE JOINT COMMAND AND CONT ..............................
8,719 
11,719 
Shelter Upgrade Program ................................................................
[3,000] 
065 
TADIX-B ................................................................................................
793 
793 
066 
GCCS-M EQUIPMENT TACTICAL/MOBILE ...................................
11,820 
11,820 
067 
COMMON IMAGERY GROUND SURFACE SYSTEMS ..................
27,632 
27,632 
068 
CANES ..................................................................................................
1,181 
1,181 
069 
RADIAC .................................................................................................
5,990 
5,990 
070 
GPETE ..................................................................................................
3,737 
3,737 
071 
INTEG COMBAT SYSTEM TEST FACILITY ...................................
4,423 
4,423 
072 
EMI CONTROL INSTRUMENTATION .............................................
4,778 
4,778 
073 
ITEMS LESS THAN $5 MILLION .....................................................
65,760 
65,760 
SHIPBOARD COMMUNICATIONS 
074 
SHIPBOARD TACTICAL COMMUNICATIONS ...............................
075 
PORTABLE RADIOS ...........................................................................
076 
SHIP COMMUNICATIONS AUTOMATION .....................................
310,605 
290,305 
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123 STAT. 2739 
PUBLIC LAW 111–84—OCT. 28, 2009 
PROCUREMENT 
(In Thousands of Dollars) 
Line 
Item 
FY 2010 
Request 
Conference 
Agreement 
Shipboard network systems ahead of need .....................................
[–20,300] 
077 
AN/URC–82 RADIO .............................................................................
4,913 
4,913 
078 
COMMUNICATIONS ITEMS UNDER $5M ......................................
25,314 
25,314 
SUBMARINE COMMUNICATIONS 
079 
SUBMARINE BROADCAST SUPPORT ............................................
105 
105 
080 
SUBMARINE COMMUNICATION EQUIPMENT ............................
48,729 
48,729 
SATELLITE COMMUNICATIONS 
081 
SATELLITE COMMUNICATIONS SYSTEMS .................................
50,172 
50,172 
082 
NAVY MULTIBAND TERMINAL (NMT) ..........................................
72,496 
72,496 
SHORE COMMUNICATIONS 
083 
JCS COMMUNICATIONS EQUIPMENT ..........................................
2,322 
2,322 
084 
ELECTRICAL POWER SYSTEMS .....................................................
1,293 
1,293 
085 
NAVAL SHORE COMMUNICATIONS ..............................................
2,542 
2,542 
CRYPTOGRAPHIC EQUIPMENT 
086 
INFO SYSTEMS SECURITY PROGRAM (ISSP) ..............................
119,054 
119,054 
087 
CRYPTOLOGIC COMMUNICATIONS EQUIP .................................
16,839 
16,839 
OTHER ELECTRONIC SUPPORT 
088 
COAST GUARD EQUIPMENT ...........................................................
18,892 
18,892 
DRUG INTERDICTION SUPPORT 
089 
OTHER DRUG INTERDICTION SUPPORT .....................................
AVIATION SUPPORT EQUIPMENT 
SONOBUOYS 
090 
SONOBUOYS—ALL TYPES ...............................................................
91,976 
91,976 
AIRCRAFT SUPPORT EQUIPMENT 
091 
WEAPONS RANGE SUPPORT EQUIPMENT ..................................
75,329 
75,329 
092 
EXPEDITIONARY AIRFIELDS ..........................................................
8,343 
8,343 
093 
AIRCRAFT REARMING EQUIPMENT .............................................
12,850 
12,850 
094 
AIRCRAFT LAUNCH & RECOVERY EQUIPMENT .......................
48,670 
46,849 
ADMACS Block II upgrade cost growth .........................................
[–1,821] 
095 
METEOROLOGICAL EQUIPMENT ..................................................
21,458 
21,458 
096 
OTHER PHOTOGRAPHIC EQUIPMENT .........................................
1,582 
1,582 
097 
AVIATION LIFE SUPPORT ...............................................................
27,367 
32,367 
Multi Climate Protection System ....................................................
[5,000] 
098 
AIRBORNE MINE COUNTERMEASURES ......................................
55,408 
55,408 
099 
LAMPS MK III SHIPBOARD EQUIPMENT .....................................
23,694 
23,694 
100 
PORTABLE ELECTRONIC MAINTENANCE AIDS ........................
9,710 
9,710 
101 
OTHER AVIATION SUPPORT EQUIPMENT ..................................
16,541 
16,541 
ORDNANCE SUPPORT EQUIPMENT 
SHIP GUN SYSTEM EQUIPMENT 
102 
NAVAL FIRES CONTROL SYSTEM .................................................
1,391 
1,391 
103 
GUN FIRE CONTROL EQUIPMENT ................................................
7,891 
7,891 
SHIP MISSILE SYSTEMS EQUIPMENT 
104 
NATO SEASPARROW .........................................................................
13,556 
13,556 
105 
RAM GMLS ...........................................................................................
7,762 
7,762 
106 
SHIP SELF DEFENSE SYSTEM .......................................................
34,079 
34,079 
107 
AEGIS SUPPORT EQUIPMENT ........................................................
108,886 
108,886 
108 
TOMAHAWK SUPPORT EQUIPMENT ............................................
88,475 
88,475 
109 
VERTICAL LAUNCH SYSTEMS .......................................................
5,513 
5,513 
FBM SUPPORT EQUIPMENT 
110 
STRATEGIC MISSILE SYSTEMS EQUIP ........................................
155,579 
155,579 
ASW SUPPORT EQUIPMENT 
111 
SSN COMBAT CONTROL SYSTEMS ................................................
118,528 
118,528 
112 
SUBMARINE ASW SUPPORT EQUIPMENT ...................................
5,200 
5,200 
113 
SURFACE ASW SUPPORT EQUIPMENT ........................................
13,646 
13,646 
114 
ASW RANGE SUPPORT EQUIPMENT ............................................
7,256 
7,256 
OTHER ORDNANCE SUPPORT EQUIPMENT 
115 
EXPLOSIVE ORDNANCE DISPOSAL EQUIP .................................
54,069 
54,069 
116 
ITEMS LESS THAN $5 MILLION .....................................................
3,478 
3,478 
OTHER EXPENDABLE ORDNANCE 
117 
ANTI-SHIP MISSILE DECOY SYSTEM ...........................................
37,128 
37,128 
118 
SURFACE TRAINING DEVICE MODS .............................................
7,430 
7,430 
119 
SUBMARINE TRAINING DEVICE MODS .......................................
25,271 
25,271 
CIVIL ENGINEERING SUPPORT EQUIPMENT 
120 
PASSENGER CARRYING VEHICLES ..............................................
4,139 
4,139 
121 
GENERAL PURPOSE TRUCKS .........................................................
1,731 
1,731 
122 
CONSTRUCTION & MAINTENANCE EQUIP .................................
12,931 
12,931 
123 
FIRE FIGHTING EQUIPMENT .........................................................
12,976 
12,976 
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123 STAT. 2740 
PUBLIC LAW 111–84—OCT. 28, 2009 
PROCUREMENT 
(In Thousands of Dollars) 
Line 
Item 
FY 2010 
Request 
Conference 
Agreement 
124 
TACTICAL VEHICLES ........................................................................
25,352 
25,352 
125 
AMPHIBIOUS EQUIPMENT ..............................................................
2,950 
2,950 
126 
POLLUTION CONTROL EQUIPMENT ............................................
5,097 
5,097 
127 
ITEMS UNDER $5 MILLION .............................................................
23,787 
23,787 
128 
PHYSICAL SECURITY VEHICLES ...................................................
1,115 
1,115 
SUPPLY SUPPORT EQUIPMENT 
129 
MATERIALS HANDLING EQUIPMENT ..........................................
17,153 
17,153 
130 
OTHER SUPPLY SUPPORT EQUIPMENT ......................................
6,368 
6,368 
131 
FIRST DESTINATION TRANSPORTATION ....................................
6,217 
6,217 
132 
SPECIAL PURPOSE SUPPLY SYSTEMS .........................................
71,597 
71,597 
PERSONNEL AND COMMAND SUPPORT EQUIPMENT 
TRAINING DEVICES 
133 
TRAINING SUPPORT EQUIPMENT ................................................
12,944 
12,944 
COMMAND SUPPORT EQUIPMENT 
134 
COMMAND SUPPORT EQUIPMENT ...............................................
55,267 
55,267 
135 
EDUCATION SUPPORT EQUIPMENT ............................................
2,084 
2,084 
136 
MEDICAL SUPPORT EQUIPMENT ..................................................
5,517 
5,517 
137 
NAVAL MIP SUPPORT EQUIPMENT ..............................................
1,537 
1,537 
139 
OPERATING FORCES SUPPORT EQUIPMENT .............................
12,250 
12,250 
140 
C4ISR EQUIPMENT ............................................................................
5,324 
5,324 
141 
ENVIRONMENTAL SUPPORT EQUIPMENT .................................
18,183 
18,183 
142 
PHYSICAL SECURITY EQUIPMENT ...............................................
128,921 
128,921 
143 
ENTERPRISE INFORMATION TECHNOLOGY ..............................
79,747 
79,747 
OTHER 
144 
CANCELLED ACCOUNT ADJUSTMENTS ......................................
CLASSIFIED PROGRAMS 
999 
CLASSIFIED PROGRAMS ..................................................................
19,463 
19,463 
SPARES AND REPAIR PARTS 
145 
SPARES AND REPAIR PARTS ..........................................................
247,796 
247,796 
145a 
Procurement of computer services / systems ......................................
TOTAL—OTHER PROCUREMENT, NAVY .................................
5,661,176 
5,610,581 
PROCUREMENT, MARINE CORPS 
WEAPONS AND COMBAT VEHICLES 
TRACKED COMBAT VEHICLES 
001 
AAV7A1 PIP .........................................................................................
9,127 
9,127 
002 
LAV PIP ................................................................................................
34,969 
34,969 
003 
IMPROVED RECOVERY VEHICLE (IRV) ........................................
004 
M1A1 FIREPOWER ENHANCEMENTS ...........................................
ARTILLERY AND OTHER WEAPONS 
005 
EXPEDITIONARY FIRE SUPPORT SYSTEM ..................................
19,591 
19,591 
006 
155MM LIGHTWEIGHT TOWED HOWITZER ................................
7,420 
7,420 
007 
HIGH MOBILITY ARTILLERY ROCKET SYSTEM ........................
71,476 
71,476 
008 
WEAPONS AND COMBAT VEHICLES UNDER $5 MILLION ......
25,949 
25,949 
WEAPONS 
009 
MODULAR WEAPON SYSTEM .........................................................
OTHER SUPPORT 
010 
MODIFICATION KITS ........................................................................
33,990 
33,990 
011 
WEAPONS ENHANCEMENT PROGRAM ........................................
22,238 
22,238 
GUIDED MISSILES AND EQUIPMENT 
GUIDED MISSILES 
012 
GROUND BASED AIR DEFENSE .....................................................
11,387 
11,387 
013 
JAVELIN ...............................................................................................
014 
FOLLOW ON TO SMAW .....................................................................
25,333 
25,333 
015 
ANTI-ARMOR WEAPONS SYSTEM-HEAVY (AAWS-H) ................
71,225 
71,225 
OTHER SUPPORT 
016 
MODIFICATION KITS ........................................................................
2,114 
2,114 
COMMUNICATIONS & ELECTRONICS EQUIPMENT 
COMMAND AND CONTROL SYSTEMS 
017 
UNIT OPERATIONS CENTER ...........................................................
19,832 
19,832 
REPAIR AND TEST EQUIPMENT 
018 
REPAIR AND TEST EQUIPMENT ....................................................
31,087 
31,087 
OTHER SUPPORT (TEL) 
019 
COMBAT SUPPORT SYSTEM ...........................................................
11,368 
11,368 
020 
MODIFICATION KITS ........................................................................
COMMAND AND CONTROL SYSTEM (NON-TEL) 
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123 STAT. 2741 
PUBLIC LAW 111–84—OCT. 28, 2009 
PROCUREMENT 
(In Thousands of Dollars) 
Line 
Item 
FY 2010 
Request 
Conference 
Agreement 
021 
ITEMS UNDER $5 MILLION (COMM & ELEC) ..............................
3,531 
3,531 
022 
AIR OPERATIONS C2 SYSTEMS ......................................................
45,084 
45,084 
RADAR + EQUIPMENT (NON-TEL) 
023 
RADAR SYSTEMS ...............................................................................
7,428 
7,428 
INTELL/COMM EQUIPMENT (NON-TEL) 
024 
FIRE SUPPORT SYSTEM ...................................................................
2,580 
2,580 
025 
INTELLIGENCE SUPPORT EQUIPMENT ......................................
37,581 
37,581 
026 
RQ–11 UAV ...........................................................................................
42,403 
42,403 
OTHER COMM/ELEC EQUIPMENT (NON-TEL) 
027 
NIGHT VISION EQUIPMENT ...........................................................
10,360 
10,360 
OTHER SUPPORT (NON-TEL) 
028 
COMMON COMPUTER RESOURCES ..............................................
115,263 
115,263 
029 
COMMAND POST SYSTEMS .............................................................
49,820 
49,820 
030 
RADIO SYSTEMS ................................................................................
61,954 
61,954 
031 
COMM SWITCHING & CONTROL SYSTEMS .................................
98,254 
98,254 
032 
COMM & ELEC INFRASTRUCTURE SUPPORT ............................
15,531 
15,531 
SUPPORT VEHICLES 
ADMINISTRATIVE VEHICLES 
033 
COMMERCIAL PASSENGER VEHICLES ........................................
1,265 
1,265 
034 
COMMERCIAL CARGO VEHICLES ..................................................
13,610 
13,610 
035 
5/4T TRUCK HMMWV (MYP) ............................................................
9,796 
9,796 
036 
MOTOR TRANSPORT MODIFICATIONS .........................................
6,111 
6,111 
037 
MEDIUM TACTICAL VEHICLE REPLACEMENT ..........................
10,792 
10,792 
038 
LOGISTICS VEHICLE SYSTEM REP ...............................................
217,390 
217,390 
039 
FAMILY OF TACTICAL TRAILERS ..................................................
26,497 
26,497 
040 
TRAILERS ............................................................................................
18,122 
18,122 
OTHER SUPPORT 
041 
ITEMS LESS THAN $5 MILLION .....................................................
5,948 
5,948 
ENGINEER AND OTHER EQUIPMENT 
042 
ENVIRONMENTAL CONTROL EQUIP ASSORT ............................
5,121 
5,121 
043 
BULK LIQUID EQUIPMENT .............................................................
13,035 
13,035 
044 
TACTICAL FUEL SYSTEMS ..............................................................
35,059 
38,159 
Nitrile Rubber Collapsible Storage Units .......................................
[3,100] 
045 
POWER EQUIPMENT ASSORTED ...................................................
21,033 
21,033 
046 
AMPHIBIOUS SUPPORT EQUIPMENT ...........................................
39,876 
39,876 
047 
EOD SYSTEMS ....................................................................................
93,335 
93,335 
MATERIALS HANDLING EQUIPMENT 
048 
PHYSICAL SECURITY EQUIPMENT ...............................................
12,169 
12,169 
049 
GARRISON MOBILE ENGINEER EQUIPMENT (GMEE) .............
11,825 
11,825 
050 
MATERIAL HANDLING EQUIP ........................................................
41,430 
41,430 
051 
FIRST DESTINATION TRANSPORTATION ....................................
5,301 
5,301 
GENERAL PROPERTY 
052 
FIELD MEDICAL EQUIPMENT ........................................................
6,811 
6,811 
053 
TRAINING DEVICES ..........................................................................
14,854 
14,854 
054 
CONTAINER FAMILY ........................................................................
3,770 
3,770 
055 
FAMILY OF CONSTRUCTION EQUIPMENT .................................
37,735 
37,735 
056 
FAMILY OF INTERNALLY TRANSPORTABLE VEH (ITV) ..........
10,360 
10,360 
057 
BRIDGE BOATS ...................................................................................
058 
RAPID DEPLOYABLE KITCHEN ......................................................
2,159 
2,159 
OTHER SUPPORT 
059 
ITEMS LESS THAN $5 MILLION .....................................................
8,792 
8,792 
SPARES AND REPAIR PARTS 
060 
SPARES AND REPAIR PARTS ..........................................................
41,547 
41,547 
TOTAL—PROCUREMENT, MARINE CORPS ............................
1,600,638 
1,603,738 
AIRCRAFT PROCUREMENT, AIR FORCE 
COMBAT AIRCRAFT 
TACTICAL FORCES 
001 
F–35 .......................................................................................................
2,048,830 
2,178,830 
F136 engine procurement .................................................................
[130,000] 
002 
ADVANCE PROCUREMENT (CY) .....................................................
300,600 
278,600 
Reduction of 2 aircraft previously funded in fiscal year 2009 ......
[–22,000] 
003 
F–22A ....................................................................................................
95,163 
95,163 
004 
ADVANCE PROCUREMENT (CY) .................................................
AIRLIFT AIRCRAFT 
TACTICAL AIRLIFT 
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123 STAT. 2742 
PUBLIC LAW 111–84—OCT. 28, 2009 
PROCUREMENT 
(In Thousands of Dollars) 
Line 
Item 
FY 2010 
Request 
Conference 
Agreement 
005 
C–17A (MYP) ........................................................................................
88,510 
88,510 
OTHER AIRLIFT 
006 
C–130J ...................................................................................................
285,632 
285,632 
007 
ADVANCE PROCUREMENT (CY) .................................................
108,000 
108,000 
008 
HC/MC–130 RECAP .............................................................................
879,231 
375,231 
Funded in fiscal year 2009 supplemental ............................
[–504,000] 
009 
ADVANCE PROCUREMENT (CY) .................................................
137,360 
137,360 
010 
JOINT CARGO AIRCRAFT .................................................................
319,050 
319,050 
TRAINER AIRCRAFT 
UPT TRAINERS 
011 
USAFA POWERED FLIGHT PROGRAM ..........................................
4,144 
4,144 
OPERATIONAL TRAINERS 
012 
JPATS ....................................................................................................
15,711 
15,711 
OTHER AIRCRAFT 
HELICOPTERS 
013 
V22 OSPREY ........................................................................................
437,272 
437,272 
014 
ADVANCE PROCUREMENT (CY) .................................................
13,835 
13,835 
MISSION SUPPORT AIRCRAFT 
015 
C–29A FLIGHT INSPECTION ACFT ................................................
016 
C–12 A ...................................................................................................
017 
C–40 .......................................................................................................
154,044 
259,294 
Program Increase ..............................................................................
[105,250] 
018 
CIVIL AIR PATROL A/C .....................................................................
2,426 
2,426 
OTHER AIRCRAFT 
020 
TARGET DRONES ...............................................................................
78,511 
78,511 
021 
C–37A ....................................................................................................
66,400 
66,400 
022 
GLOBAL HAWK ...................................................................................
554,775 
554,775 
023 
ADVANCE PROCUREMENT (CY) .................................................
113,049 
113,049 
024 
MQ–1 .....................................................................................................
025 
MQ–9 .....................................................................................................
489,469 
489,469 
CLASSIFIED PROGRAMS 
999 
CLASSIFIED PROGRAMS ..................................................................
3,608 
3,608 
MODIFICATION OF IN-SERVICE AIRCRAFT 
STRATEGIC AIRCRAFT 
026 
B–2A ......................................................................................................
283,955 
264,155 
USAF requested transfer to APAF 78A, B–2 Post Production 
Support for the B–2 Weapon System Support Center.
[–19,800] 
027 
ADVANCE PROCUREMENT (CY) .................................................
028 
B–1B ......................................................................................................
107,558 
78,558 
Program delay for various programs. Funding transferred to PE 
11126F (RDAF 119).
[–29,000] 
029 
B–52 .......................................................................................................
78,788 
61,466 
Air Force identified excess ...............................................................
[–17,322] 
TACTICAL AIRCRAFT 
030 
A–10 .......................................................................................................
252,488 
252,488 
031 
F–15 .......................................................................................................
92,921 
143,421 
5 AESA Radars .................................................................................
[50,500] 
032 
F–16 .......................................................................................................
224,642 
221,875 
Funding ahead of need—BLOS Installs ..........................................
[–2,767] 
033 
F–22A ....................................................................................................
350,735 
192,336 
Common Configuration—Early to need ..........................................
[–158,399] 
AIRLIFT AIRCRAFT 
034 
C–5 .........................................................................................................
606,993 
578,993 
Funding ahead of need—RERP Install ...........................................
[–28,000] 
035 
ADVANCE PROCUREMENT (CY) .................................................
108,300 
108,300 
036 
C–9C ......................................................................................................
10 
10 
037 
C–17A ....................................................................................................
469,731 
424,431 
Funding requested ahead of need ....................................................
[–45,300] 
038 
C–21 .......................................................................................................
562 
562 
039 
C–32A ....................................................................................................
10,644 
10,644 
040 
C–37A ....................................................................................................
4,336 
4,336 
TRAINER AIRCRAFT 
041 
GLIDER MODS ....................................................................................
119 
119 
042 
T–6 .........................................................................................................
33,074 
33,074 
043 
T–1 .........................................................................................................
35 
35 
044 
T–38 .......................................................................................................
75,274 
61,057 
Improved Brake System Program Termination .............................
[–14,217] 
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123 STAT. 2743 
PUBLIC LAW 111–84—OCT. 28, 2009 
PROCUREMENT 
(In Thousands of Dollars) 
Line 
Item 
FY 2010 
Request 
Conference 
Agreement 
045 
T–43 .......................................................................................................
OTHER AIRCRAFT 
046 
KC–10A (ATCA) ....................................................................................
9,441 
9,441 
047 
C–12 .......................................................................................................
472 
472 
048 
MC–12W ................................................................................................
63,000 
63,000 
049 
C–20 MODS ..........................................................................................
734 
734 
050 
VC–25A MOD .......................................................................................
15,610 
15,610 
051 
C–40 .......................................................................................................
9,162 
9,162 
052 
C–130 .....................................................................................................
354,421 
134,171 
Scathe View Hyper-Spectral Imagery Upgrade ..............................
[4,500] 
Senior Scout COMINT Capability Upgrade ...................................
[3,750] 
Program Excess .................................................................................
[–209,500] 
Centerwing Replacements—Early to need .....................................
[–19,000] 
053 
C130J MODS ........................................................................................
13,627 
13,627 
054 
C–135 .....................................................................................................
150,425 
150,425 
055 
COMPASS CALL MODS .....................................................................
29,187 
29,187 
056 
DARP .....................................................................................................
107,859 
107,859 
057 
E–3 .........................................................................................................
79,263 
79,263 
058 
E–4 .........................................................................................................
73,058 
73,058 
059 
E–8 .........................................................................................................
225,973 
225,973 
060 
H–1 ........................................................................................................
18,280 
18,280 
061 
H–60 ......................................................................................................
14,201 
95,201 
HH–60G AAQ–29 FLIR ....................................................................
[81,000] 
062 
GLOBAL HAWK MODS ......................................................................
134,864 
134,864 
063 
HC/MC–130 MODIFICATIONS ..........................................................
1,964 
1,964 
064 
OTHER AIRCRAFT .............................................................................
103,274 
127,274 
Litening ATP upgrade kits ...............................................................
[24,000] 
065 
MQ–1 MODS .........................................................................................
123,889 
123,889 
066 
MQ–9 MODS .........................................................................................
48,837 
48,837 
Reflect USAF decision to change sensor payload 
067 
CV–22 MODS ........................................................................................
24,429 
24,429 
067A 
CAF Restructure ...................................................................................
AIRCRAFT SPARES + REPAIR PARTS 
068 
INITIAL SPARES/REPAIR PARTS ....................................................
418,604 
418,604 
AIRCRAFT SUPPORT EQUIPMENT AND FACILITIES 
COMMON SUPPORT EQUIP 
069 
AIRCRAFT REPLACEMENT SUPPORT EQUIP .............................
105,820 
105,820 
POST PRODUCTION SUPPORT 
070 
B–1 .........................................................................................................
3,929 
3,929 
071 
B–2A ......................................................................................................
072 
B–2A ......................................................................................................
24,481 
24,481 
073 
C–5 .........................................................................................................
2,259 
2,259 
074 
C–5 .........................................................................................................
11,787 
11,787 
075 
KC–10A (ATCA) ....................................................................................
4,125 
4,125 
076 
C–17A ....................................................................................................
91,400 
0 
Funding requested ahead of need ....................................................
[–91,400] 
077 
C–130 .....................................................................................................
28,092 
28,092 
078 
EC–130J ................................................................................................
5,283 
5,283 
078A 
B–2 POST PRODUCTION SUPPORT ................................................
19,800 
USAF requested transfer from APAF 26 for the B–2 Weapon 
System Support Center.
[19,800] 
079 
F–15 .......................................................................................................
15,744 
15,744 
080 
F–16 .......................................................................................................
19,951 
19,951 
081 
OTHER AIRCRAFT .............................................................................
51,980 
51,980 
082 
T–1 .........................................................................................................
INDUSTRIAL PREPAREDNESS 
083 
INDUSTRIAL RESPONSIVENESS ....................................................
25,529 
25,529 
WAR CONSUMABLES 
084 
WAR CONSUMABLES ........................................................................
134,427 
134,427 
OTHER PRODUCTION CHARGES 
085 
OTHER PRODUCTION CHARGES ...................................................
490,344 
490,344 
OTHER PRODUCTION CHARGES—SOF 
087 
CANCELLED ACCT ADJUSTMENTS ...............................................
DARP 
088 
DARP .....................................................................................................
15,323 
15,323 
CLASSIFIED PROGRAMS 
999 
CLASSIFIED PROGRAMS ..................................................................
19,443 
19,443 
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123 STAT. 2744 
PUBLIC LAW 111–84—OCT. 28, 2009 
PROCUREMENT 
(In Thousands of Dollars) 
Line 
Item 
FY 2010 
Request 
Conference 
Agreement 
TOTAL—AIRCRAFT PROCUREMENT, AIR FORCE ...............
11,966,276 
11,224,371 
PROCUREMENT OF AMMUNITION, AIR FORCE 
PROCUREMENT OF AMMO, AIR FORCE 
ROCKETS 
001 
ROCKETS .............................................................................................
43,461 
43,461 
CARTRIDGES 
002 
CARTRIDGES .......................................................................................
123,886 
123,886 
BOMBS 
003 
PRACTICE BOMBS .............................................................................
52,459 
52,459 
004 
GENERAL PURPOSE BOMBS ...........................................................
225,145 
225,145 
005 
JOINT DIRECT ATTACK MUNITION ..............................................
103,041 
103,041 
FLARE, IR MJU–7B 
006 
CAD/PAD ...............................................................................................
40,522 
40,522 
007 
EXPLOSIVE ORDINANCE DISPOSAL (EOD) .................................
3,302 
3,302 
008 
SPARES AND REPAIR PARTS ..........................................................
4,582 
4,582 
009 
MODIFICATIONS ................................................................................
1,289 
1,289 
010 
ITEMS LESS THAN $5,000,000 .........................................................
5,061 
5,061 
FUZES 
011 
FLARES ................................................................................................
152,515 
152,515 
012 
FUZES ...................................................................................................
61,037 
61,037 
WEAPONS 
SMALL ARMS 
013 
SMALL ARMS ......................................................................................
6,162 
6,162 
TOTAL—PROCUREMENT OF AMMUNITION, AIR FORCE ..
822,462 
822,462 
MISSILE PROCUREMENT, AIR FORCE 
BALLISTIC MISSILES 
MISSILE REPLACEMENT EQUIPMENT-BALLISTIC 
001 
MISSILE REPLACEMENT EQ-BALLISTIC .....................................
58,139 
58,139 
OTHER MISSILES 
TACTICAL 
002 
JASSM ...................................................................................................
52,666 
52,666 
003 
SIDEWINDER (AIM–9X) .....................................................................
78,753 
78,753 
004 
AMRAAM ..............................................................................................
291,827 
286,827 
Funding ahead of need for DMS ......................................................
[–5,000] 
005 
PREDITOR HELLFIRE MISSILE ......................................................
79,699 
64,530 
Updated pricing .................................................................................
[–15,169] 
006 
SMALL DIAMETER BOMB ................................................................
134,801 
134,801 
INDUSTRIAL FACILITIES 
007 
INDUSTR’L PREPAREDNS/POL PREVENTION .............................
841 
841 
MODIFICATION OF IN-SERVICE MISSILES 
CLASS IV 
008 
ADVANCED CRUISE MISSILE .........................................................
32 
32 
009 
MM III MODIFICATIONS ..................................................................
199,484 
199,484 
010 
AGM–65D MAVERICK ........................................................................
258 
258 
011 
AGM–88A HARM .................................................................................
30,280 
30,280 
012 
AIR LAUNCH CRUISE MISSILE (ALCM) ........................................
SPARES AND REPAIR PARTS 
MISSILE SPARES + REPAIR PARTS 
013 
INITIAL SPARES/REPAIR PARTS ....................................................
70,185 
70,185 
OTHER SUPPORT 
SPACE PROGRAMS 
014 
ADVANCED EHF .................................................................................
1,843,475 
1,843,475 
015 
ADVANCE PROCUREMENT (CY) .................................................
016 
WIDEBAND GAPFILLER SATELLITES(SPACE) ............................
201,671 
151,671 
Program delay ...................................................................................
[–50,000] 
017 
ADVANCE PROCUREMENT (CY) .................................................
62,380 
62,380 
018 
SPACEBORNE EQUIP (COMSEC) ....................................................
9,871 
9,871 
019 
GLOBAL POSITIONING (SPACE) .....................................................
53,140 
53,140 
020 
ADVANCE PROCUREMENT (CY) .................................................
021 
NUDET DETECTION SYSTEM .........................................................
022 
DEF METEOROLOGICAL SAT PROG(SPACE) ...............................
97,764 
97,764 
023 
TITAN SPACE BOOSTERS(SPACE) .................................................
024 
EVOLVED EXPENDABLE LAUNCH VEH(SPACE) ........................
1,295,325 
1,102,225 
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123 STAT. 2745 
PUBLIC LAW 111–84—OCT. 28, 2009 
PROCUREMENT 
(In Thousands of Dollars) 
Line 
Item 
FY 2010 
Request 
Conference 
Agreement 
Reduction in Requirement for Launch Vehicles .............................
[–88,100] 
EELV reduction for AFSPC 4 ..........................................................
[–105,000] 
025 
MEDIUM LAUNCH VEHICLE(SPACE) ............................................
026 
SBIR HIGH (SPACE) ...........................................................................
307,456 
307,456 
027 
ADVANCE PROCUREMENT (CY) .................................................
159,000 
159,000 
028 
NATL POLAR-ORBITING OP ENV SATELLITE .............................
3,900 
3,900 
SPECIAL PROGRAMS 
029 
DEFENSE SPACE RECONN PROGRAM .........................................
105,152 
105,152 
031 
SPECIAL UPDATE PROGRAMS .......................................................
311,070 
311,070 
CLASSIFIED PROGRAMS 
999 
CLASSIFIED PROGRAMS ..................................................................
853,559 
853,559 
TOTAL—MISSILE PROCUREMENT, AIR FORCE ...................
6,300,728 
6,037,459 
OTHER PROCUREMENT, AIR FORCE 
VEHICULAR EQUIPMENT 
CARGO + UTILITY VEHICLES 
002 
MEDIUM TACTICAL VEHICLE ........................................................
25,922 
25,922 
003 
CAP VEHICLES ...................................................................................
897 
897 
SPECIAL PURPOSE VEHICLES 
004 
SECURITY AND TACTICAL VEHICLES .........................................
44,603 
44,603 
FIRE FIGHTING EQUIPMENT 
005 
FIRE FIGHTING/CRASH RESCUE VEHICLES ..............................
27,760 
27,760 
MATERIALS HANDLING EQUIPMENT 
006 
HALVERSEN LOADER .......................................................................
BASE MAINTENANCE SUPPORT 
007 
RUNWAY SNOW REMOV AND CLEANING EQU ..........................
24,884 
24,884 
008 
ITEMS LESS THAN $5,000,000(VEHICLES) ...................................
57,243 
40,243 
Reduce program growth ...................................................................
[–17,000] 
CLASSIFIED PROGRAMS 
999 
CLASSIFIED PROGRAMS ..................................................................
18,163 
18,163 
ELECTRONICS AND TELECOMMUNICATIONS 
COMM SECURITY EQUIPMENT(COMSEC) 
009 
COMSEC EQUIPMENT ......................................................................
209,249 
209,249 
010 
MODIFICATIONS (COMSEC) ............................................................
1,570 
1,570 
INTELLIGENCE PROGRAMS 
011 
INTELLIGENCE TRAINING EQUIPMENT .....................................
4,230 
4,230 
012 
INTELLIGENCE COMM EQUIPMENT ............................................
21,965 
27,465 
Eagle Vision-ANG .............................................................................
[4,000] 
Eagle Vision Upgrade-ANG .............................................................
[1,500] 
ELECTRONICS PROGRAMS 
013 
AIR TRAFFIC CONTROL & LANDING SYS ....................................
22,591 
22,591 
014 
NATIONAL AIRSPACE SYSTEM ......................................................
47,670 
47,670 
015 
THEATER AIR CONTROL SYS IMPROVEMEN .............................
56,776 
56,776 
016 
WEATHER OBSERVATION FORECAST ..........................................
19,357 
19,357 
017 
STRATEGIC COMMAND AND CONTROL .......................................
35,116 
35,116 
018 
CHEYENNE MOUNTAIN COMPLEX ...............................................
28,608 
28,608 
019 
DRUG INTERDICTION SPT ..............................................................
452 
452 
SPCL COMM-ELECTRONICS PROJECTS 
020 
GENERAL INFORMATION TECHNOLOGY ....................................
111,282 
111,282 
021 
AF GLOBAL COMMAND & CONTROL SYS ....................................
15,499 
15,499 
022 
MOBILITY COMMAND AND CONTROL .........................................
8,610 
8,610 
023 
AIR FORCE PHYSICAL SECURITY SYSTEM .................................
137,293 
77,293 
Weapons Storage Area—Request ahead of need ............................
[–60,000] 
024 
COMBAT TRAINING RANGES ..........................................................
40,633 
44,633 
Unmanned modular threat emitter (UMTE) ..................................
[3,000] 
Joint threat emitter (JTE) ...............................................................
[1,000] 
025 
C3 COUNTERMEASURES .................................................................
8,177 
8,177 
026 
GCSS-AF FOS .......................................................................................
81,579 
81,579 
027 
THEATER BATTLE MGT C2 SYSTEM .............................................
29,687 
29,687 
028 
AIR & SPACE OPERATIONS CTR-WPN SYS ..................................
54,093 
54,093 
AIR FORCE COMMUNICATIONS 
029 
BASE INFO INFRASTRUCTURE ......................................................
433,859 
384,859 
Excess funding ..................................................................................
[–49,000] 
030 
USCENTCOM .......................................................................................
38,958 
38,958 
031 
AUTOMATED TELECOMMUNICATIONS PRG ..............................
DISA PROGRAMS 
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123 STAT. 2746 
PUBLIC LAW 111–84—OCT. 28, 2009 
PROCUREMENT 
(In Thousands of Dollars) 
Line 
Item 
FY 2010 
Request 
Conference 
Agreement 
032 
SPACE BASED IR SENSOR PGM SPACE .......................................
34,440 
34,440 
033 
NAVSTAR GPS SPACE .......................................................................
6,415 
6,415 
034 
NUDET DETECTION SYS SPACE ....................................................
15,436 
15,436 
035 
AF SATELLITE CONTROL NETWORK SPACE ..............................
58,865 
58,865 
036 
SPACELIFT RANGE SYSTEM SPACE .............................................
100,275 
100,275 
037 
MILSATCOM SPACE ..........................................................................
110,575 
110,575 
038 
SPACE MODS SPACE .........................................................................
30,594 
30,594 
039 
COUNTERSPACE SYSTEM ...............................................................
29,793 
29,793 
ORGANIZATION AND BASE 
040 
TACTICAL C-E EQUIPMENT ............................................................
240,890 
207,890 
Reduce Vehicle Communication Systems .......................................
[–33,000] 
041 
COMBAT SURVIVOR EVADER LOCATER ......................................
35,029 
35,029 
042 
RADIO EQUIPMENT ..........................................................................
15,536 
15,536 
043 
TV EQUIPMENT (AFRTV) .................................................................
044 
CCTV/AUDIOVISUAL EQUIPMENT .................................................
12,961 
12,961 
045 
BASE COMM INFRASTRUCTURE ...................................................
121,049 
121,049 
MODIFICATIONS 
046 
COMM ELECT MODS .........................................................................
64,087 
64,087 
OTHER BASE MAINTENANCE AND SUPPORT EQUIP 
PERSONAL SAFETY & RESCUE EQUIP 
047 
NIGHT VISION GOGGLES ................................................................
28,226 
28,226 
048 
ITEMS LESS THAN $5,000,000 (SAFETY) .......................................
17,223 
17,223 
DEPOT PLANT+MTRLS HANDLING EQ 
049 
MECHANIZED MATERIAL HANDLING EQUIP ............................
15,449 
15,449 
BASE SUPPORT EQUIPMENT 
050 
BASE PROCURED EQUIPMENT ......................................................
14,300 
14,300 
051 
CONTINGENCY OPERATIONS .........................................................
22,973 
10,000 
Reduce program growth ...................................................................
[–12,973] 
052 
PRODUCTIVITY CAPITAL INVESTMENT ......................................
3,020 
3,020 
053 
MOBILITY EQUIPMENT ....................................................................
32,855 
32,855 
054 
ITEMS LESS THAN $5,000,000 (BASE S) ........................................
8,195 
11,195 
Aircrew Body Armor and Load Carriage Vest ................................
[3,000] 
SPECIAL SUPPORT PROJECTS 
056 
DARP RC135 ........................................................................................
23,132 
23,132 
057 
DISTRIBUTED GROUND SYSTEMS ................................................
293,640 
293,640 
059 
SPECIAL UPDATE PROGRAM ..........................................................
471,234 
471,234 
060 
DEFENSE SPACE RECONNAISSANCE PROG. ..............................
30,041 
30,041 
CLASSIFIED PROGRAMS 
999 
CLASSIFIED PROGRAMS ..................................................................
13,830,722 
13,830,722 
SPARES AND REPAIR PARTS 
061 
SPARES AND REPAIR PARTS ..........................................................
19,460 
19,460 
061a 
Procurement of computer services / systems ......................................
TOTAL—OTHER PROCUREMENT, AIR FORCE ......................
17,293,141 
17,133,668 
MINE RESISTANT AMBUSH PROT VEH FUND 
MINE RESISTANT AMBUSH PROT VEH FUND ...........................
600,000 
Additional MRAP vehicles to meet new requirement ....................
[600,000] 
TOTAL—MINE RESISTANT AMBUSH PROT VEH FUND .....
600,000 
PROCUREMENT, DEFENSE-WIDE 
MAJOR EQUIPMENT 
MAJOR EQUIPMENT, AFIS 
001 
MAJOR EQUIPMENT, AFIS ..............................................................
MAJOR EQUIPMENT, BTA 
002 
MAJOR EQUIPMENT, BTA ...............................................................
8,858 
8,858 
MAJOR EQUIPMENT, DCAA 
003 
ITEMS LESS THAN $5 MILLION .....................................................
1,489 
1,489 
MAJOR EQUIPMENT, DCMA 
004 
MAJOR EQUIPMENT .........................................................................
2,012 
2,012 
MAJOR EQUIPMENT, DHRA 
005 
PERSONNEL ADMINISTRATION ....................................................
10,431 
10,431 
MAJOR EQUIPMENT, DISA 
017 
INTERDICTION SUPPORT ................................................................
018 
INFORMATION SYSTEMS SECURITY ............................................
13,449 
13,449 
019 
GLOBAL COMMAND AND CONTROL SYSTEM ............................
7,053 
7,053 
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123 STAT. 2747 
PUBLIC LAW 111–84—OCT. 28, 2009 
PROCUREMENT 
(In Thousands of Dollars) 
Line 
Item 
FY 2010 
Request 
Conference 
Agreement 
020 
GLOBAL COMBAT SUPPORT SYSTEM ..........................................
2,820 
2,820 
021 
TELEPORT PROGRAM .......................................................................
68,037 
68,037 
022 
ITEMS LESS THAN $5 MILLION .....................................................
196,232 
196,232 
023 
NET CENTRIC ENTERPRISE SERVICES (NCES) .........................
3,051 
3,051 
024 
DEFENSE INFORMATION SYSTEM NETWORK (DISN) ..............
89,725 
89,725 
025 
PUBLIC KEY INFRASTRUCTURE ...................................................
1,780 
1,780 
026 
JOINT COMMAND AND CONTROL PROGRAM ............................
2,835 
2,835 
027 
CYBER SECURITY INITIATIVE .......................................................
18,188 
18,188 
MAJOR EQUIPMENT, DLA 
028 
MAJOR EQUIPMENT .........................................................................
7,728 
7,728 
MAJOR EQUIPMENT, DMACT 
029 
MAJOR EQUIPMENT .........................................................................
10,149 
10,149 
MAJOR EQUIPMENT, DODEA 
030 
AUTOMATION/EDUCATIONAL SUPPORT & LOGISTICS ...........
1,463 
1,463 
MAJOR EQUIPMENT, DEFENSE SECURITY COOPERA-
TION AGENCY 
031 
EQUIPMENT ........................................................................................
032 
VEHICLES ............................................................................................
50 
50 
033 
OTHER MAJOR EQUIPMENT ...........................................................
7,447 
7,447 
MAJOR EQUIPMENT, DTSA 
034 
MAJOR EQUIPMENT .........................................................................
436 
436 
MAJOR EQUIPMENT, MISSILE DEFENSE AGENCY 
035 
THAAD SYSTEM .................................................................................
420,300 
420,300 
036 
SM–3 ......................................................................................................
168,723 
191,923 
Additional SM–3 Block 1A missiles ................................................
[23,200] 
036A 
TPY–2 Radar ........................................................................................
MAJOR EQUIPMENT, NSA 
044 
INFORMATION SYSTEMS SECURITY PROGRAM (ISSP) ............
4,013 
4,013 
MAJOR EQUIPMENT, OSD 
047 
MAJOR EQUIPMENT, OSD ...............................................................
111,487 
111,487 
MAJOR EQUIPMENT, TJS 
048 
MAJOR EQUIPMENT, TJS ................................................................
12,065 
12,065 
MAJOR EQUIPMENT, WHS 
049 
WHS MOTOR VEHICLES ...................................................................
050 
MAJOR EQUIPMENT, WHS ..............................................................
26,945 
26,945 
CLASSIFIED PROGRAMS 
999 
CLASSIFIED PROGRAMS ..................................................................
818,766 
818,766 
SPECIAL OPERATIONS COMMAND 
AVIATION PROGRAMS 
051 
ROTARY WING UPGRADES AND SUSTAINMENT .......................
101,936 
101,936 
052 
MH–47 SERVICE LIFE EXTENSION PROGRAM ...........................
22,958 
22,958 
053 
MH–60 SOF MODERNIZATION PROGRAM ....................................
146,820 
146,820 
054 
NON-STANDARD AVIATION ............................................................
227,552 
197,552 
Procurement Schedule ......................................................................
[–30,000] 
055 
UNMANNED VEHICLES ...................................................................
056 
SOF TANKER RECAPITALIZATION ................................................
34,200 
34,200 
057 
SOF U–28 ..............................................................................................
2,518 
2,518 
058 
MC–130H, COMBAT TALON II .........................................................
059 
CV–22 SOF MOD .................................................................................
114,553 
114,553 
060 
MQ–1 UAV ............................................................................................
10,930 
10,930 
061 
MQ–9 UAV ............................................................................................
12,671 
12,671 
062 
STUASL0 ..............................................................................................
12,223 
12,223 
063 
C–130 MODIFICATIONS ....................................................................
59,950 
145,950 
MC–130W multi-mission modifications ..........................................
[85,000] 
Intelligence Broadcast Receiver (IBR) for AFSOC MC–130 ..........
[1,000] 
064 
AIRCRAFT SUPPORT .........................................................................
973 
973 
SHIPBUILDING 
065 
ADVANCED SEAL DELIVERY SYSTEM (ASDS) ............................
5,236 
0 
Program termination ........................................................................
[–5,236] 
066 
MK8 MOD1 SEAL DELIVERY VEHICLE .........................................
1,463 
1,463 
AMMUNITION PROGRAMS 
067 
SOF ORDNANCE REPLENISHMENT ..............................................
61,360 
61,360 
068 
SOF ORDNANCE ACQUISITION ......................................................
26,791 
26,791 
OTHER PROCUREMENT PROGRAMS 
069 
COMMUNICATIONS EQUIPMENT AND ELECTRONICS ............
55,080 
55,080 
070 
SOF INTELLIGENCE SYSTEMS .......................................................
72,811 
72,811 
071 
SMALL ARMS AND WEAPONS ........................................................
35,235 
42,735 
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PUBLIC LAW 111–84—OCT. 28, 2009 
PROCUREMENT 
(In Thousands of Dollars) 
Line 
Item 
FY 2010 
Request 
Conference 
Agreement 
Advanced lightweight grenade launcher .........................................
[5,000] 
Special Operations Forces Combat Assault Rifle (SCAR) .............
[2,500] 
072 
MARITIME EQUIPMENT MODIFICATIONS ..................................
791 
791 
073 
SPEC APPLICATION FOR CONT .....................................................
074 
SOF COMBATANT CRAFT SYSTEMS ..............................................
6,156 
16,156 
Special Operations Craft-Riverine ...................................................
[10,000] 
075 
SPARES AND REPAIR PARTS ..........................................................
2,010 
2,010 
076 
TACTICAL VEHICLES ........................................................................
18,821 
18,821 
077 
MISSION TRAINING AND PREPARATION SYSTEMS .................
17,265 
17,265 
078 
COMBAT MISSION REQUIREMENTS .............................................
20,000 
20,000 
079 
MILCON COLLATERAL EQUIPMENT ............................................
6,835 
6,835 
081 
SOF AUTOMATION SYSTEMS .........................................................
60,836 
60,836 
082 
SOF GLOBAL VIDEO SURVEILLANCE ACTIVITIES ...................
12,401 
12,401 
083 
SOF OPERATIONAL ENHANCEMENTS INTELLIGENCE ...........
26,070 
26,070 
084 
SOF SOLDIER PROTECTION AND SURVIVAL SYSTEMS ..........
550 
550 
085 
SOF VISUAL AUGMENTATION, LASERS AND SENSOR SYS-
TEMS.
33,741 
38,741 
Special operations visual augmentation systems ...........................
[5,000] 
086 
SOF TACTICAL RADIO SYSTEMS ...................................................
53,034 
63,034 
Special operations forces multi-band inter/intra team radio ........
[10,000] 
087 
SOF MARITIME EQUIPMENT ..........................................................
2,777 
2,777 
088 
DRUG INTERDICTION .......................................................................
089 
MISCELLANEOUS EQUIPMENT .....................................................
7,576 
7,576 
090 
SOF OPERATIONAL ENHANCEMENTS .........................................
273,998 
273,998 
091 
PSYOP EQUIPMENT ..........................................................................
43,081 
43,081 
CLASSIFIED PROGRAMS 
999 
CLASSIFIED PROGRAMS ..................................................................
5,573 
5,573 
CHEMICAL/BIOLOGICAL DEFENSE 
CBDP 
092 
Installation Force Protection ...............................................................
65,590 
65,590 
093 
Individual Force Protection .................................................................
92,004 
92,004 
094 
Decontamination ...................................................................................
22,008 
22,008 
095 
Joint Bio Defense Program (Medical) .................................................
12,740 
12,740 
096 
Collective Protection .............................................................................
27,938 
27,938 
097 
Contamination Avoidance ....................................................................
151,765 
151,765 
097a 
Procurement of computer services / systems ......................................
TOTAL—PROCUREMENT, DEFENSE-WIDE .............................
3,984,352 
4,090,816 
RAPID ACQUISITION FUND 
001 
JOINT RAPID ACQUISITION CELL .................................................
79,300 
0 
Program Reduction ...........................................................................
[–79,300] 
TOTAL—RAPID ACQUISITION FUND ........................................
79,300 
0 
NATIONAL GUARD & RESERVE EQUIPMENT 
RESERVE EQUIPMENT 
UNDISTRIBUTED ...............................................................................
600,000 
ARMY RESERVE 
001 
MISCELLANEOUS EQUIPMENT .....................................................
NAVY RESERVE 
002 
MISCELLANEOUS EQUIPMENT .....................................................
MARINE CORPS RESERVE 
003 
MISCELLANEOUS EQUIPMENT .....................................................
AIR FORCE RESERVE 
004 
MISCELLANEOUS EQUIPMENT .....................................................
ARMY NATIONAL GUARD 
005 
MISCELLANEOUS EQUIPMENT .....................................................
AIR NATIONAL GUARD 
006 
MISCELLANEOUS EQUIPMENT .....................................................
TOTAL—NATIONAL GUARD & RESERVE EQUIPMENT ......
0 
600,000 
Total Procurement ............................................................................
105,819,330 
105,029,379 
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123 STAT. 2749 
PUBLIC LAW 111–84—OCT. 28, 2009 
SEC. 4102. PROCUREMENT FOR OVERSEAS CONTINGENCY OPER-
ATIONS. 
PROCUREMENT FOR OVERSEAS CONTINGENCY OPERATIONS 
(In Thousands of Dollars) 
Line 
Item 
FY 2010 
Request 
Conference 
Agreement 
AIRCRAFT PROCUREMENT, ARMY 
AIRCRAFT 
FIXED WING 
003 
MQ–1 UAV ............................................................................................
250,000 
250,000 
004 
RQ–11 (RAVEN) ...................................................................................
44,640 
44,640 
004A 
C–12A ....................................................................................................
45,000 
45,000 
ROTARY WING 
011 
UH–60 BLACKHAWK (MYP) .............................................................
74,340 
74,340 
013 
CH–47 HELICOPTER ..........................................................................
141,200 
141,200 
MODIFICATION OF AIRCRAFT 
018 
GUARDRAIL MODS (MIP) .................................................................
50,210 
50,210 
019 
MULTI SENSOR ABN RECON (MIP) ...............................................
54,000 
54,000 
020 
AH–64 MODS .......................................................................................
315,300 
315,300 
026 
UTILITY HELICOPTER MODS .........................................................
2,500 
2,500 
027 
KIOWA WARRIOR ...............................................................................
94,335 
94,335 
030 
RQ–7 UAV MODS ................................................................................
326,400 
326,400 
030A 
C–12A ....................................................................................................
60,000 
60,000 
SPARES AND REPAIR PARTS 
031 
SPARE PARTS (AIR) ...........................................................................
18,200 
18,200 
SUPPORT EQUIPMENT AND FACILITIES 
GROUND SUPPORT AVIONICS 
033 
ASE INFRARED CM ...........................................................................
111,600 
111,600 
OTHER SUPPORT 
035 
COMMON GROUND EQUIPMENT ...................................................
23,704 
23,704 
036 
AIRCREW INTEGRATED SYSTEMS ................................................
24,800 
24,800 
TOTAL—AIRCRAFT PROCUREMENT, ARMY ..........................
1,636,229 
1,636,229 
MISSILE PROCUREMENT, ARMY 
OTHER MISSILES 
AIR-TO-SURFACE MISSILE SYSTEM 
005 
HELLFIRE SYS SUMMARY ...............................................................
219,700 
219,700 
ANTI-TANK/ASSAULT MISSILE SYSTEM 
006 
JAVELIN (AAWS-M) SYSTEM SUMMARY ......................................
140,979 
115,979 
Funding ahead of need .....................................................................
[–25,000] 
007 
TOW 2 SYSTEM SUMMARY ..............................................................
59,200 
34,200 
Funding ahead of need .....................................................................
[–25,000] 
008 
GUIDED MLRS ROCKET (GMLRS) ..................................................
60,600 
60,600 
MODIFICATIONS 
014 
MLRS MODS ........................................................................................
18,772 
18,772 
015 
HIMARS MODIFICATIONS ...............................................................
32,319 
32,319 
TOTAL—MISSILE PROCUREMENT, ARMY ..............................
531,570 
481,570 
PROCUREMENT OF WEAPONS & TRACKED COMBAT VE-
HICLES 
MODIFICATION OF TRACKED COMBAT VEHICLES 
009 
FIST VEHICLE (MOD) ........................................................................
36,000 
36,000 
010 
BRADLEY PROGRAM (MOD) ............................................................
243,600 
243,600 
011 
HOWITZER, MED SP FT 155MM M109A6 (MOD) ..........................
37,620 
37,620 
SUPPORT EQUIPMENT & FACILITIES 
WEAPONS AND OTHER COMBAT VEHICLES 
027 
XM320 GRENADE LAUNCHER MODULE (GLM) ..........................
13,900 
13,900 
031 
COMMON REMOTELY OPERATED WEAPONS STATION (CRO 
235,000 
235,000 
033 
HOWITZER LT WT 155MM (T) ..........................................................
107,996 
107,996 
MOD OF WEAPONS AND OTHER COMBAT VEH 
036 
M2 50 CAL MACHINE GUN MODS ..................................................
27,600 
27,600 
037 
M249 SAW MACHINE GUN MODS ..................................................
20,900 
20,900 
038 
M240 MEDIUM MACHINE GUN MODS ..........................................
4,800 
4,800 
040 
M119 MODIFICATIONS .....................................................................
21,250 
21,250 
041A 
M14 7.62 RIFLE MODS .......................................................................
5,800 
5,800 
SUPPORT EQUIPMENT & FACILITIES 
043 
ITEMS LESS THAN $5.0M (WOCV-WTCV) .....................................
5,000 
5,000 
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123 STAT. 2750 
PUBLIC LAW 111–84—OCT. 28, 2009 
PROCUREMENT FOR OVERSEAS CONTINGENCY OPERATIONS 
(In Thousands of Dollars) 
Line 
Item 
FY 2010 
Request 
Conference 
Agreement 
TOTAL—PROCUREMENT OF WTCV, ARMY .............................
759,466 
759,466 
PROCUREMENT OF AMMUNITION, ARMY 
AMMUNITION 
SMALL/MEDIUM CALIBER AMMUNITION 
001 
CTG, 5.56MM, ALL TYPES .................................................................
22,000 
22,000 
002 
CTG, 7.62MM, ALL TYPES .................................................................
8,300 
8,300 
003 
CTG, HANDGUN, ALL TYPES ..........................................................
500 
500 
004 
CTG, .50 CAL, ALL TYPES ................................................................
26,500 
26,500 
006 
CTG, 30MM, ALL TYPES ....................................................................
530 
530 
MORTAR AMMUNITION 
008 
60MM MORTAR, ALL TYPES ............................................................
20,000 
20,000 
TANK AMMUNITION 
ARTILLERY AMMUNITION 
014 
CTG, ARTY, 105MM: ALL TYPES .....................................................
9,200 
9,200 
016 
PROJ 155MM EXTENDED RANGE XM982 .....................................
52,200 
52,200 
017 
MODULAR ARTILLERY CHARGE SYSTEM (MACS), ALL T .......
10,000 
10,000 
ARTILLERY FUZES 
018 
ARTILLERY FUZES, ALL TYPES .....................................................
7,800 
7,800 
MINES 
019 
MINES, ALL TYPES ............................................................................
5,000 
5,000 
020 
MINE, CLEARING CHARGE, ALL TYPES ......................................
7,000 
7,000 
ROCKETS 
024 
ROCKET, HYDRA 70, ALL TYPES ....................................................
169,505 
169,505 
OTHER AMMUNITION 
027 
SIGNALS, ALL TYPES ........................................................................
100 
100 
MISCELLANEOUS 
030 
NON-LETHAL AMMUNITION, ALL TYPES ....................................
32,000 
32,000 
TOTAL—PROCUREMENT OF AMMUNITION, ARMY .............
370,635 
370,635 
OTHER PROCUREMENT, ARMY 
TACTICAL AND SUPPORT VEHICLES 
TACTICAL VEHICLES 
001 
TACTICAL TRAILERS/DOLLY SETS ...............................................
1,948 
1,948 
002 
SEMITRAILERS, FLATBED: ..............................................................
40,403 
40,403 
003 
SEMITRAILERS, TANKERS ..............................................................
8,651 
8,651 
004 
HI MOB MULTI-PURP WHLD VEH (HMMWV) ..............................
1,251,038 
875,718 
Army end strength budget amendment ..........................................
[–375,320] 
005 
FAMILY OF MEDIUM TACTICAL VEH (FMTV) ............................
461,657 
286,337 
Army end strength budget amendment ..........................................
[–175,320] 
007 
FAMILY OF HEAVY TACTICAL VEHICLES (FHTV) .....................
623,230 
623,230 
009 
ARMORED SECURITY VEHICLES (ASV) ........................................
13,206 
13,206 
012 
TRUCK, TRACTOR, LINE HAUL, M915/M916 ................................
62,654 
62,654 
COMMUNICATIONS AND ELECTRONICS EQUIPMENT 
COMM-JOINT COMMUNICATIONS 
023 
WIN-T—GROUND FORCES TACTICAL NETWORK ......................
13,500 
13,500 
COMM—SATELLITE COMMUNICATIONS 
028 
NAVSTAR GLOBAL POSITIONING SYSTEM (SPACE) .................
53,486 
53,486 
029 
SMART-T (SPACE) ..............................................................................
26,000 
26,000 
032 
MOD OF IN-SVC EQUIP (TAC SAT) .................................................
23,900 
23,900 
COMM—COMBAT SUPPORT COMM 
032A 
MOD-IN-SERVICE PROFILER ..........................................................
6,070 
6,070 
COMM—COMBAT COMMUNICATIONS 
034 
ARMY DATA DISTRIBUTION SYSTEM (DATA RADIO) ...............
239 
239 
037 
SINCGARS FAMILY ............................................................................
128,180 
53,180 
Unjustified program growth .............................................................
[–75,000] 
038 
AMC CRITICAL ITEMS—OPA2 .........................................................
100,000 
100,000 
046 
RADIO, IMPROVED HF (COTS) FAMILY ........................................
11,286 
11,286 
047 
MEDICAL COMM FOR CBT CASUALTY CARE (MC4) ..................
18 
18 
INFORMATION SECURITY 
050 
INFORMATION SYSTEM SECURITY PROGRAM-ISSP ................
32,095 
32,095 
COMM—BASE COMMUNICATIONS 
055 
INFORMATION SYSTEMS .................................................................
330,342 
330,342 
057 
INSTALLATION INFO INFRASTRUCTURE MOD PROGRAM( ....
227,733 
227,733 
ELECT EQUIP—TACT INT REL ACT (TIARA) 
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123 STAT. 2751 
PUBLIC LAW 111–84—OCT. 28, 2009 
PROCUREMENT FOR OVERSEAS CONTINGENCY OPERATIONS 
(In Thousands of Dollars) 
Line 
Item 
FY 2010 
Request 
Conference 
Agreement 
062 
JTT/CIBS-M (MIP) ...............................................................................
1,660 
1,660 
066 
DIGITAL TOPOGRAPHIC SPT SYS (DTSS) (MIP) ..........................
265 
265 
069 
DCGS-A (MIP) ......................................................................................
167,100 
167,100 
073 
CI HUMINT AUTO REPRTING AND COLL(CHARCS) (MIP ........
34,208 
34,208 
075 
ITEMS LESS THAN $5.0M (MIP) ......................................................
5,064 
5,064 
ELECT EQUIP—ELECTRONIC WARFARE (EW) 
076 
LIGHTWEIGHT COUNTER MORTAR RADAR ...............................
58,590 
58,590 
077 
WARLOCK ............................................................................................
164,435 
164,435 
078 
COUNTERINTELLIGENCE/SECURITY COUNTERMEASURES ..
126,030 
126,030 
ELECT EQUIP—TACTICAL SURV. (TAC SURV) 
082 
NIGHT VISION DEVICES ..................................................................
93,183 
93,183 
084 
NIGHT VISION, THERMAL WPN SIGHT ........................................
25,000 
25,000 
085 
SMALL TACTICAL OPTICAL RIFLE MOUNTED MLRF ..............
15,000 
15,000 
087 
COUNTER-ROCKET, ARTILLERY & MORTAR (C-RAM) ..............
150,400 
150,400 
091 
ENHANCED PORTABLE INDUCTIVE ARTILLERY FUZE SE ....
1,900 
1,900 
094 
FORCE XXI BATTLE CMD BRIGADE & BELOW (FBCB2) ...........
242,999 
242,999 
096 
LIGHTWEIGHT LASER DESIGNATOR/RANGEFINDER (LLD ....
97,020 
97,020 
097 
COMPUTER BALLISTICS: LHMBC XM32 .......................................
3,780 
3,780 
099 
COUNTERFIRE RADARS ...................................................................
26,000 
26,000 
ELECT EQUIP—TACTICAL C2 SYSTEMS 
103 
FIRE SUPPORT C2 FAMILY .............................................................
14,840 
14,840 
104 
BATTLE COMMAND SUSTAINMENT SUPPORT SYSTEM (BC ..
16 
16 
107 
KNIGHT FAMILY ................................................................................
178,500 
178,500 
113 
NETWORK MANAGEMENT INITIALIZATION AND SERVICE ...
58,900 
58,900 
114 
MANEUVER CONTROL SYSTEM (MCS) .........................................
5,000 
5,000 
115 
SINGLE ARMY LOGISTICS ENTERPRISE (SALE) ........................
1,440 
1,440 
ELECT EQUIP—SUPPORT 
CLASSIFIED PROGRAMS ..................................................................
760 
760 
CHEMICAL DEFENSIVE EQUIPMENT 
129 
PROTECTIVE SYSTEMS ....................................................................
44,460 
44,460 
130 
CBRN SOLDIER PROTECTION ........................................................
38,811 
38,811 
BRIDGING EQUIPMENT 
133 
TACTICAL BRIDGE, FLOAT-RIBBON .............................................
13,525 
13,525 
ENGINEER (NON-CONSTRUCTION) EQUIPMENT 
136 
EXPLOSIVE ORDNANCE DISPOSAL EQPMT (EOD EQPMT) .....
10,800 
10,800 
COMBAT SERVICE SUPPORT EQUIPMENT 
140 
LAUNDRIES, SHOWERS AND LATRINES .....................................
21,561 
21,561 
142 
LIGHTWEIGHT MAINTENANCE ENCLOSURE (LME) ................
1,955 
1,955 
146 
FORCE PROVIDER .............................................................................
245,382 
245,382 
147 
FIELD FEEDING EQUIPMENT ........................................................
4,011 
4,011 
150 
ITEMS LESS THAN $5M (ENG SPT) ................................................
4,987 
4,987 
PETROLEUM EQUIPMENT 
152 
DISTRIBUTION SYSTEMS, PETROLEUM & WATER ...................
58,554 
58,554 
WATER EQUIPMENT 
153 
WATER PURIFICATION SYSTEMS .................................................
3,017 
3,017 
MEDICAL EQUIPMENT 
154 
COMBAT SUPPORT MEDICAL .........................................................
11,386 
11,386 
MAINTENANCE EQUIPMENT 
155 
MOBILE MAINTENANCE EQUIPMENT SYSTEMS ......................
12,365 
12,365 
156 
ITEMS LESS THAN $5.0M (MAINT EQ) ..........................................
546 
546 
CONSTRUCTION EQUIPMENT 
162 
LOADERS .............................................................................................
1,100 
1,100 
163 
HYDRAULIC EXCAVATOR ................................................................
290 
290 
166 
PLANT, ASPHALT MIXING ...............................................................
2,500 
2,500 
167 
HIGH MOBILITY ENGINEER EXCAVATOR (HMEE) FOS ...........
16,500 
16,500 
169 
ITEMS LESS THAN $5.0M (CONST EQUIP) ...................................
360 
360 
RAIL FLOAT CONTAINERIZATION EQUIPMENT 
172 
ITEMS LESS THAN $5.0M (FLOAT/RAIL) ......................................
3,550 
3,550 
GENERATORS 
173 
GENERATORS AND ASSOCIATED EQUIP .....................................
62,210 
62,210 
MATERIAL HANDLING EQUIPMENT 
174 
ROUGH TERRAIN CONTAINER HANDLER (RTCH) ....................
54,360 
54,360 
175 
ALL TERRAIN LIFTING ARMY SYSTEM .......................................
49,319 
49,319 
TRAINING EQUIPMENT 
176 
COMBAT TRAINING CENTERS SUPPORT ....................................
60,200 
60,200 
177 
TRAINING DEVICES, NONSYSTEM ................................................
28,200 
28,200 
TEST MEASURE AND DIG EQUIPMENT (TMD) 
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123 STAT. 2752 
PUBLIC LAW 111–84—OCT. 28, 2009 
PROCUREMENT FOR OVERSEAS CONTINGENCY OPERATIONS 
(In Thousands of Dollars) 
Line 
Item 
FY 2010 
Request 
Conference 
Agreement 
182 
INTEGRATED FAMILY OF TEST EQUIPMENT (IFTE) ................
1,524 
1,524 
183 
TEST EQUIPMENT MODERNIZATION (TEMOD) .........................
3,817 
3,817 
OTHER SUPPORT EQUIPMENT 
184 
RAPID EQUIPPING SOLDIER SUPPORT EQUIPMENT ...............
27,000 
27,000 
187 
MODIFICATION OF IN-SVC EQUIPMENT (OPA–3) .....................
555,950 
555,950 
TOTAL—OTHER PROCUREMENT, ARMY .................................
6,225,966 
5,600,326 
JOINT IMPROVISED EXPLOSIVE DEVICE DEFEAT FUND 
NETWORK ATTACK 
001 
ATTACK THE NETWORK ..................................................................
812,000 
1,015,100 
Transfer from base budget ...............................................................
[203,100] 
JIEDDO DEVICE DEFEAT 
002 
DEFEAT THE DEVICE .......................................................................
536,000 
735,100 
Transfer from base budget ...............................................................
[199,100] 
FORCE TRAINING 
003 
TRAIN THE FORCE ............................................................................
187,000 
228,100 
Transfer from base budget ...............................................................
[41,100] 
STAFF AND INFRASTRUCTURE 
004 
OPERATIONS ......................................................................................
121,550 
Transfer from base budget ...............................................................
[121,550] 
TOTAL—JOINT IED DEFEAT FUND ...........................................
1,535,000 
2,099,850 
AIRCRAFT PROCUREMENT, NAVY 
COMBAT AIRCRAFT 
010 
UH–1Y/AH–1Z ......................................................................................
55,006 
55,006 
MODIFICATION OF AIRCRAFT 
028 
EA–6 SERIES .......................................................................................
45,000 
45,000 
029 
AV–8 SERIES .......................................................................................
28,296 
19,396 
ALE–47 upgrades complete ..............................................................
[–8,900] 
030 
F–18 SERIES ........................................................................................
96,000 
96,000 
031 
H–46 SERIES .......................................................................................
17,485 
17,485 
033 
H–53 SERIES .......................................................................................
164,730 
164,730 
034 
SH–60 SERIES .....................................................................................
11,192 
11,192 
035 
H–1 SERIES .........................................................................................
11,217 
11,217 
037 
P–3 SERIES ..........................................................................................
74,900 
74,900 
039 
E–2 SERIES ..........................................................................................
17,200 
17,200 
041 
C–2A ......................................................................................................
14,100 
14,100 
042 
C–130 SERIES ......................................................................................
52,324 
52,324 
049 
POWER PLANT CHANGES ...............................................................
4,456 
0 
Non-emergency modifications ..........................................................
[–4,456] 
052 
COMMON ECM EQUIPMENT ...........................................................
263,382 
263,382 
054 
COMMON DEFENSIVE WEAPON SYSTEM ...................................
5,500 
5,500 
056 
V–22 (TILT/ROTOR ACFT) OSPREY .................................................
53,500 
53,500 
AIRCRAFT SPARES AND REPAIR PARTS 
057 
SPARES AND REPAIR PARTS ..........................................................
2,265 
2,265 
TOTAL—AIRCRAFT PROCUREMENT, NAVY ...........................
916,553 
903,197 
010 
HELLFIRE ............................................................................................
73,700 
50,700 
Army end strength budget amendment ..........................................
[–23,000] 
TOTAL—WEAPONS PROCUREMENT, NAVY ............................
73,700 
50,700 
PROCUREMENT OF AMMUNITION, NAVY & MARINE 
CORPS 
PROC AMMO, NAVY 
NAVY AMMUNITION 
001 
GENERAL PURPOSE BOMBS ...........................................................
40,500 
40,500 
003 
AIRBORNE ROCKETS, ALL TYPES .................................................
42,510 
42,510 
004 
MACHINE GUN AMMUNITION .......................................................
109,200 
80,377 
Army end strength budget amendment ..........................................
[–28,823] 
007 
AIR EXPENDABLE COUNTERMEASURES ....................................
5,501 
5,501 
009 
5 INCH/54 GUN AMMUNITION ........................................................
352 
352 
011 
OTHER SHIP GUN AMMUNITION ..................................................
2,835 
2,835 
012 
SMALL ARMS & LANDING PARTY AMMO ....................................
14,229 
14,229 
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123 STAT. 2753 
PUBLIC LAW 111–84—OCT. 28, 2009 
PROCUREMENT FOR OVERSEAS CONTINGENCY OPERATIONS 
(In Thousands of Dollars) 
Line 
Item 
FY 2010 
Request 
Conference 
Agreement 
013 
PYROTECHNIC AND DEMOLITION ................................................
1,442 
1,442 
PROC AMMO, MC 
MARINE CORPS AMMUNITION 
015 
SMALL ARMS AMMUNITION ...........................................................
16,930 
16,930 
016 
LINEAR CHARGES, ALL TYPES ......................................................
5,881 
5,881 
017 
40 MM, ALL TYPES ............................................................................
104,824 
104,824 
018 
60MM, ALL TYPES ..............................................................................
43,623 
43,623 
019 
81MM, ALL TYPES ..............................................................................
103,647 
103,647 
020 
120MM, ALL TYPES ............................................................................
62,265 
62,265 
021 
CTG 25MM, ALL TYPES .....................................................................
563 
563 
022 
GRENADES, ALL TYPES ...................................................................
6,074 
6,074 
023 
ROCKETS, ALL TYPES ......................................................................
8,117 
8,117 
024 
ARTILLERY, ALL TYPES ...................................................................
81,975 
81,975 
026 
DEMOLITION MUNITIONS, ALL TYPES .......................................
9,241 
9,241 
027 
FUZE, ALL TYPES ..............................................................................
51,071 
51,071 
TOTAL—PROCUREMENT OF AMMUNITION, NAVY & MA-
RINE CORPS.
710,780 
681,957 
OTHER PROCUREMENT, NAVY 
OTHER SHIPBOARD EQUIPMENT 
018 
UNDERWATER EOD PROGRAMS ....................................................
12,040 
12,040 
SMALL BOATS 
025 
STANDARD BOATS ............................................................................
13,000 
13,000 
COMMUNICATIONS AND ELECTRONICS EQUIPMENT 
AVIATION ELECTRONIC EQUIPMENT 
056 
MATCALS .............................................................................................
400 
400 
SHIPBOARD COMMUNICATIONS 
076 
SHIP COMMUNICATIONS AUTOMATION .....................................
1,500 
1,500 
AIRCRAFT SUPPORT EQUIPMENT 
092 
EXPEDITIONARY AIRFIELDS ..........................................................
37,345 
37,345 
097 
AVIATION LIFE SUPPORT ...............................................................
17,883 
17,883 
ORDNANCE SUPPORT EQUIPMENT 
OTHER ORDNANCE SUPPORT EQUIPMENT 
115 
EXPLOSIVE ORDNANCE DISPOSAL EQUIP .................................
43,650 
43,650 
CIVIL ENGINEERING SUPPORT EQUIPMENT 
120 
PASSENGER CARRYING VEHICLES ..............................................
25 
25 
121 
GENERAL PURPOSE TRUCKS .........................................................
93 
93 
122 
CONSTRUCTION & MAINTENANCE EQUIP .................................
11,167 
11,167 
124 
TACTICAL VEHICLES ........................................................................
54,008 
54,008 
127 
ITEMS UNDER $5 MILLION .............................................................
10,842 
10,842 
128 
PHYSICAL SECURITY VEHICLES ...................................................
1,130 
1,130 
SUPPLY SUPPORT EQUIPMENT 
129 
MATERIALS HANDLING EQUIPMENT ..........................................
25 
25 
PERSONNEL AND COMMAND SUPPORT EQUIPMENT 
COMMAND SUPPORT EQUIPMENT 
134 
COMMAND SUPPORT EQUIPMENT ...............................................
4,000 
4,000 
139 
OPERATING FORCES SUPPORT EQUIPMENT .............................
15,452 
15,452 
140 
C4ISR EQUIPMENT ............................................................................
3,100 
3,100 
142 
PHYSICAL SECURITY EQUIPMENT ...............................................
89,521 
64,521 
OCO unjustified request ...................................................................
[–25,000] 
SPARES AND REPAIR PARTS 
145 
SPARES AND REPAIR PARTS ..........................................................
2,837 
2,837 
TOTAL—OTHER PROCUREMENT, NAVY .................................
318,018 
293,018 
PROCUREMENT, MARINE CORPS 
WEAPONS AND COMBAT VEHICLES 
TRACKED COMBAT VEHICLES 
002 
LAV PIP ................................................................................................
58,229 
58,229 
ARTILLERY AND OTHER WEAPONS 
006 
155MM LIGHTWEIGHT TOWED HOWITZER ................................
54,000 
0 
Army end strength budget amendment ..........................................
[–54,000] 
008 
WEAPONS AND COMBAT VEHICLES UNDER $5 MILLION ......
3,351 
3,351 
OTHER SUPPORT 
010 
MODIFICATION KITS ........................................................................
20,183 
20,183 
011 
WEAPONS ENHANCEMENT PROGRAM ........................................
9,151 
9,151 
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123 STAT. 2754 
PUBLIC LAW 111–84—OCT. 28, 2009 
PROCUREMENT FOR OVERSEAS CONTINGENCY OPERATIONS 
(In Thousands of Dollars) 
Line 
Item 
FY 2010 
Request 
Conference 
Agreement 
GUIDED MISSILES AND EQUIPMENT 
OTHER SUPPORT 
016 
MODIFICATION KITS ........................................................................
8,506 
8,506 
COMMUNICATIONS & ELECTRONICS EQUIPMENT 
REPAIR AND TEST EQUIPMENT 
018 
REPAIR AND TEST EQUIPMENT ....................................................
11,741 
11,741 
OTHER SUPPORT (TEL) 
019 
COMBAT SUPPORT SYSTEM ...........................................................
462 
462 
COMMAND AND CONTROL SYSTEM (NON-TEL) 
021 
ITEMS UNDER $5 MILLION (COMM & ELEC) ..............................
4,153 
4,153 
022 
AIR OPERATIONS C2 SYSTEMS ......................................................
3,096 
3,096 
RADAR + EQUIPMENT (NON-TEL) 
023 
RADAR SYSTEMS ...............................................................................
3,417 
3,417 
INTELL/COMM EQUIPMENT (NON-TEL) 
024 
FIRE SUPPORT SYSTEM ...................................................................
521 
521 
025 
INTELLIGENCE SUPPORT EQUIPMENT ......................................
37,547 
37,547 
026 
RQ–11 UAV ...........................................................................................
13,000 
13,000 
OTHER COMM/ELEC EQUIPMENT (NON-TEL) 
027 
NIGHT VISION EQUIPMENT ...........................................................
12,570 
0 
Army end strength budget amendment ..........................................
[–12,570] 
OTHER SUPPORT (NON-TEL) 
028 
COMMON COMPUTER RESOURCES ..............................................
23,105 
23,105 
029 
COMMAND POST SYSTEMS .............................................................
23,041 
23,041 
030 
RADIO SYSTEMS ................................................................................
32,497 
32,497 
031 
COMM SWITCHING & CONTROL SYSTEMS .................................
2,044 
2,044 
032 
COMM & ELEC INFRASTRUCTURE SUPPORT ............................
64 
64 
SUPPORT VEHICLES 
ADMINISTRATIVE VEHICLES 
035 
5/4T TRUCK HMMWV (MYP) ............................................................
205,036 
205,036 
036 
MOTOR TRANSPORT MODIFICATIONS .........................................
10,177 
0 
Army end strength budget amendment ..........................................
[–10,177] 
037 
MEDIUM TACTICAL VEHICLE REPLACEMENT ..........................
131,044 
131,044 
038 
LOGISTICS VEHICLE SYSTEM REP ...............................................
59,219 
59,219 
039 
FAMILY OF TACTICAL TRAILERS ..................................................
13,388 
13,388 
OTHER SUPPORT 
ENGINEER AND OTHER EQUIPMENT 
042 
ENVIRONMENTAL CONTROL EQUIP ASSORT ............................
5,119 
5,119 
043 
BULK LIQUID EQUIPMENT .............................................................
4,549 
4,549 
044 
TACTICAL FUEL SYSTEMS ..............................................................
33,421 
33,421 
045 
POWER EQUIPMENT ASSORTED ...................................................
24,860 
24,860 
047 
EOD SYSTEMS ....................................................................................
47,697 
47,697 
MATERIALS HANDLING EQUIPMENT 
048 
PHYSICAL SECURITY EQUIPMENT ...............................................
19,720 
2,720 
Army end strength budget amendment ..........................................
[–17,000] 
050 
MATERIAL HANDLING EQUIP ........................................................
56,875 
56,875 
GENERAL PROPERTY 
053 
TRAINING DEVICES ..........................................................................
157,734 
147,304 
Army end strength budget amendment ..........................................
[–10,430] 
055 
FAMILY OF CONSTRUCTION EQUIPMENT .................................
35,818 
35,818 
058 
RAPID DEPLOYABLE KITCHEN ......................................................
55 
55 
OTHER SUPPORT 
059 
ITEMS LESS THAN $5 MILLION .....................................................
39,055 
39,055 
SPARES AND REPAIR PARTS 
TOTAL—PROCUREMENT, MARINE CORPS ............................
1,164,445 
1,060,268 
AIRCRAFT PROCUREMENT, AIR FORCE 
OTHER AIRLIFT 
006 
C–130J ...................................................................................................
72,000 
72,000 
OTHER AIRCRAFT 
CLASSIFIED PROGRAMS 
MODIFICATION OF IN-SERVICE AIRCRAFT 
STRATEGIC AIRCRAFT 
028 
B–1B ......................................................................................................
20,500 
20,500 
TACTICAL AIRCRAFT 
030 
A–10 .......................................................................................................
10,000 
10,000 
032 
F–16 .......................................................................................................
20,025 
0 
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123 STAT. 2755 
PUBLIC LAW 111–84—OCT. 28, 2009 
PROCUREMENT FOR OVERSEAS CONTINGENCY OPERATIONS 
(In Thousands of Dollars) 
Line 
Item 
FY 2010 
Request 
Conference 
Agreement 
Army end strength budget amendment—secure line-of-sight/be-
yond line-of-sight mods.
[–20,025] 
AIRLIFT AIRCRAFT 
034 
C–5 .........................................................................................................
57,400 
57,400 
037 
C–17A ....................................................................................................
132,300 
120,725 
Army end strength budget amendment—LAIRCM mods .............
[–11,575] 
OTHER AIRCRAFT 
052 
C–130 .....................................................................................................
210,800 
86,400 
Army end strength budget amendment—LAIRCM mods .............
[–124,400] 
054 
C–135 .....................................................................................................
16,916 
16,916 
056 
DARP .....................................................................................................
10,300 
10,300 
063 
HC/MC–130 MODIFICATIONS ..........................................................
7,000 
7,000 
064 
OTHER AIRCRAFT .............................................................................
90,000 
90,000 
065 
MQ–1 MODS .........................................................................................
65,000 
65,000 
066 
MQ–9 MODS .........................................................................................
99,200 
99,200 
AIRCRAFT SUPPORT EQUIPMENT AND FACILITIES 
POST PRODUCTION SUPPORT 
076 
C–17A ....................................................................................................
11,000 
11,000 
WAR CONSUMABLES 
OTHER PRODUCTION CHARGES 
085 
OTHER PRODUCTION CHARGES ...................................................
114,000 
114,000 
TOTAL—AIRCRAFT PROCUREMENT, AIR FORCE ...............
936,441 
780,441 
PROCUREMENT OF AMMUNITION, AIR FORCE 
ROCKETS 
001 
ROCKETS .............................................................................................
3,488 
3,488 
CARTRIDGES 
002 
CARTRIDGES .......................................................................................
39,236 
39,236 
BOMBS 
004 
GENERAL PURPOSE BOMBS ...........................................................
34,085 
34,085 
005 
JOINT DIRECT ATTACK MUNITION ..............................................
97,978 
97,978 
FLARE, IR MJU–7B 
007 
EXPLOSIVE ORDINANCE DISPOSAL (EOD) .................................
4,800 
4,800 
FUZES 
011 
FLARES ................................................................................................
41,000 
41,000 
012 
FUZES ...................................................................................................
14,595 
14,595 
WEAPONS 
SMALL ARMS 
013 
SMALL ARMS ......................................................................................
21,637 
21,637 
TOTAL—PROCUREMENT OF AMMUNITION, AIR FORCE ..
256,819 
256,819 
MISSILE PROCUREMENT, AIR FORCE 
OTHER MISSILES 
TACTICAL 
005 
PREDITOR HELLFIRE MISSILE ......................................................
29,325 
29,325 
006 
SMALL DIAMETER BOMB ................................................................
7,300 
7,300 
TOTAL—MISSILE PROCUREMENT, AIR FORCE ...................
36,625 
36,625 
OTHER PROCUREMENT, AIR FORCE 
VEHICULAR EQUIPMENT 
CARGO + UTILITY VEHICLES 
002 
MEDIUM TACTICAL VEHICLE ........................................................
3,364 
3,364 
SPECIAL PURPOSE VEHICLES 
004 
SECURITY AND TACTICAL VEHICLES .........................................
11,337 
11,337 
FIRE FIGHTING EQUIPMENT 
005 
FIRE FIGHTING/CRASH RESCUE VEHICLES ..............................
8,626 
8,626 
MATERIALS HANDLING EQUIPMENT 
SPCL COMM-ELECTRONICS PROJECTS 
023 
AIR FORCE PHYSICAL SECURITY SYSTEM .................................
1,600 
1,600 
DISA PROGRAMS 
037 
MILSATCOM SPACE ..........................................................................
714 
714 
OTHER BASE MAINTENANCE AND SUPPORT EQUIP 
PERSONAL SAFETY & RESCUE EQUIP 
047 
NIGHT VISION GOGGLES ................................................................
14,528 
14,528 
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123 STAT. 2756 
PUBLIC LAW 111–84—OCT. 28, 2009 
PROCUREMENT FOR OVERSEAS CONTINGENCY OPERATIONS 
(In Thousands of Dollars) 
Line 
Item 
FY 2010 
Request 
Conference 
Agreement 
048 
ITEMS LESS THAN $5,000,000 (SAFETY) .......................................
4,900 
4,900 
DEPOT PLANT+MTRLS HANDLING EQ 
BASE SUPPORT EQUIPMENT 
051 
CONTINGENCY OPERATIONS .........................................................
11,300 
11,300 
SPECIAL SUPPORT PROJECTS 
060 
DEFENSE SPACE RECONNAISSANCE PROG. ..............................
34,400 
34,400 
CLASSIFIED PROGRAMS 
999 
CLASSIFIED PROGRAMS ..................................................................
2,230,780 
2,230,780 
TOTAL—OTHER PROCUREMENT, AIR FORCE ......................
2,321,549 
2,321,549 
MINE RESISTANT AMBUSH PROT VEH FUND 
MINE RESISTANT AMBUSH PROT VEH FUND 
MINE RESISTANT AMBUSH PROT VEH FUND ...........................
5,456,000 
6,056,000 
Additional MRAP vehicles to meet new requirement ....................
[600,000] 
TOTAL—MINE RESISTANT AMBUSH PROT VEH FUND .....
5,456,000 
6,056,000 
PROCUREMENT, DEFENSE-WIDE 
MAJOR EQUIPMENT, DISA 
019 
GLOBAL COMMAND AND CONTROL SYSTEM ............................
1,500 
1,500 
021 
TELEPORT PROGRAM .......................................................................
7,411 
7,411 
CLASSIFIED PROGRAMS 
999 
CLASSIFIED PROGRAMS ..................................................................
304,794 
304,794 
SPECIAL OPERATIONS COMMAND 
AVIATION PROGRAMS 
052 
MH–47 SERVICE LIFE EXTENSION PROGRAM ...........................
5,900 
5,900 
057 
SOF U–28 ..............................................................................................
3,000 
3,000 
060 
MQ–1 UAV ............................................................................................
1,450 
0 
Funding Early to Need .....................................................................
[–1,450] 
062 
STUASL0 ..............................................................................................
12,000 
12,000 
063 
C–130 MODIFICATIONS ....................................................................
19,500 
19,500 
SHIPBUILDING 
AMMUNITION PROGRAMS 
067 
SOF ORDNANCE REPLENISHMENT ..............................................
51,156 
51,156 
068 
SOF ORDNANCE ACQUISITION ......................................................
17,560 
17,560 
OTHER PROCUREMENT PROGRAMS 
069 
COMMUNICATIONS EQUIPMENT AND ELECTRONICS ............
2,000 
2,000 
070 
SOF INTELLIGENCE SYSTEMS .......................................................
23,260 
23,260 
071 
SMALL ARMS AND WEAPONS ........................................................
3,800 
3,800 
076 
TACTICAL VEHICLES ........................................................................
6,865 
6,865 
083 
SOF OPERATIONAL ENHANCEMENTS INTELLIGENCE ...........
11,000 
11,000 
086 
SOF TACTICAL RADIO SYSTEMS ...................................................
5,448 
5,448 
090 
SOF OPERATIONAL ENHANCEMENTS .........................................
11,900 
11,900 
CLASSIFIED PROGRAMS 
999 
CLASSIFIED PROGRAMS ..................................................................
2,886 
2,886 
TOTAL—PROCUREMENT, DEFENSE-WIDE .............................
491,430 
489,980 
Total Procurement ............................................................................
23,741,226 
23,878,630 
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123 STAT. 2757 
PUBLIC LAW 111–84—OCT. 28, 2009 
TITLE XLII—RESEARCH, 
DEVELOPMENT, TEST AND EVALUATION 
SEC. 4201. RESEARCH, DEVELOPMENT, TEST AND EVALUATION. 
RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 
(In Thousands of Dollars) 
Line 
Program 
Element 
Item 
FY 2010 
Request 
Conference 
Authorized 
RESEARCH, DEVELOPMENT, TEST & EVALUATION, 
ARMY 
BASIC RESEARCH 
001 
0601101A 
IN-HOUSE LABORATORY INDEPENDENT RESEARCH ..
19,671 
19,671 
002 
0601102A 
DEFENSE RESEARCH SCIENCES .......................................
173,024 
176,524 
Ballistic materials research ..................................................
[3,500] 
003 
0601103A 
UNIVERSITY RESEARCH INITIATIVES .............................
88,421 
92,421 
Nanocomposite materials research ......................................
[2,000] 
Open source intelligence research ........................................
[1,000] 
Smart 
Wound 
Dressing 
for 
MRSA-Infected 
Battle 
Wounds.
[1,000] 
004 
0601104A 
UNIVERSITY AND INDUSTRY RESEARCH CENTERS ....
96,144 
98,844 
Immersive simulation research ............................................
[1,200] 
Materials processing research ..............................................
[1,500] 
SUBTOTAL, BASIC RESEARCH, ARMY ..........................
377,260 
387,460 
APPLIED RESEARCH 
005 
0602105A 
MATERIALS TECHNOLOGY ..................................................
27,206 
47,206 
Advanced renewable jet fuels ...............................................
[3,000] 
Applied composite materials research .................................
[3,000] 
High strength fibers for ballistic armor applications .........
[2,000] 
Moldable fabric armor ...........................................................
[2,000] 
Smart materials and structures ...........................................
[1,000] 
Dual Stage Variable Energy Absorber .................................
[3,000] 
Next Generation High Strength Glass Fibers for Ballistic 
Armor Applications.
[2,000] 
Ultra Lightweight Metallic Armor .......................................
[1,000] 
Nanomanufacturing of Multifunctional Sensors .................
[3,000] 
006 
0602120A 
SENSORS AND ELECTRONIC SURVIVABILITY ...............
50,641 
53,141 
Nanoelectronic memory, sensor and energy devices ...........
[2,500] 
007 
0602122A 
TRACTOR HIP ..........................................................................
14,324 
14,324 
008 
0602211A 
AVIATION TECHNOLOGY .....................................................
41,332 
41,332 
009 
0602270A 
ELECTRONIC WARFARE TECHNOLOGY ...........................
16,119 
16,119 
010 
0602303A 
MISSILE TECHNOLOGY ........................................................
50,716 
50,716 
011 
0602307A 
ADVANCED WEAPONS TECHNOLOGY ..............................
19,678 
19,678 
012 
0602308A 
ADVANCED CONCEPTS AND SIMULATION .....................
17,473 
19,473 
Cognitive modeling and simulation research ......................
[2,000] 
013 
0602601A 
COMBAT VEHICLE AND AUTOMOTIVE TECHNOLOGY 
55,937 
74,437 
Advanced composite materials research ..............................
[3,500] 
Composite vehicle shelters ....................................................
[2,000] 
Tactical metal fabrication program ......................................
[1,000] 
Tribology research .................................................................
[2,000] 
Vehicle systems engineering and integration activities .....
[10,000] 
014 
0602618A 
BALLISTICS TECHNOLOGY .................................................
61,843 
65,843 
Electromagnetic gun ..............................................................
[–2,000] 
Reactive armor research .......................................................
[3,000] 
Beneficial Infrastructure for Rotorcraft Risk Reduction ....
[1,000] 
Lethality research .................................................................
[2,000] 
015 
0602622A 
CHEMICAL, SMOKE AND EQUIPMENT DEFEATING 
TECHNOLOGY.
5,293 
5,293 
016 
0602623A 
JOINT SERVICE SMALL ARMS PROGRAM ........................
7,674 
7,674 
017 
0602624A 
WEAPONS AND MUNITIONS TECHNOLOGY ...................
41,085 
59,085 
Acoustic gun detection systems ............................................
[2,000] 
Acoustic research ...................................................................
[3,000] 
UGV weaponization ...............................................................
[2,500] 
Highly Integrated Production for Expediting RESET ........
[2,500] 
Hybrid Projectile Program ....................................................
[3,000] 
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123 STAT. 2758 
PUBLIC LAW 111–84—OCT. 28, 2009 
RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 
(In Thousands of Dollars) 
Line 
Program 
Element 
Item 
FY 2010 
Request 
Conference 
Authorized 
Specialized Compact Automated Mechanical Clearance 
Platform.
[4,000] 
Defense Support for Civil Authorities (DSCA) for Key Re-
source Protection—South Central, PA.
[1,000] 
018 
0602705A 
ELECTRONICS AND ELECTRONIC DEVICES ...................
61,404 
67,104 
Hybrid portable power program ...........................................
[3,200] 
Novel Zinc Air Power Sources for Military .........................
[2,500] 
019 
0602709A 
NIGHT VISION TECHNOLOGY .............................................
26,893 
26,893 
020 
0602712A 
COUNTERMINE SYSTEMS ....................................................
18,945 
18,945 
021 
0602716A 
HUMAN FACTORS ENGINEERING TECHNOLOGY .........
18,605 
33,605 
LWI Training-Based Collaborative Research ......................
[15,000] 
022 
0602720A 
ENVIRONMENTAL QUALITY TECHNOLOGY ...................
15,902 
20,402 
Cluster Bomb Unit & Combined Effects Munitions Demil 
System.
[1,000] 
SUNY Cobleskill Biowaste-to-Bioenergy Center .................
[2,500] 
Renewable Energy Testing Center .......................................
[1,000] 
023 
0602782A 
COMMAND, 
CONTROL, 
COMMUNICATIONS 
TECH-
NOLOGY.
24,833 
24,833 
024 
0602783A 
COMPUTER AND SOFTWARE TECHNOLOGY ..................
5,639 
5,639 
025 
0602784A 
MILITARY ENGINEERING TECHNOLOGY ........................
54,818 
59,818 
Cellulose Nanocomposite Panels for Ballistic Protection ...
[2,000] 
Geosciences Atmospheric Research ......................................
[3,000] 
026 
0602785A 
MANPOWER/PERSONNEL/TRAINING TECHNOLOGY ....
18,701 
18,701 
027 
0602786A 
WARFIGHTER TECHNOLOGY ..............................................
27,109 
29,609 
Thermal resistant fiber research ..........................................
[2,500] 
028 
0602787A 
MEDICAL TECHNOLOGY ......................................................
99,027 
134,527 
Biomechanics research ..........................................................
[3,500] 
Blast wave modeling .............................................................
[3,000] 
Hemorrhage research ............................................................
[3,000] 
Malaria vaccine development ...............................................
[2,500] 
Neurotrauma research ..........................................................
[3,500] 
Secondary trauma research ..................................................
[2,500] 
Advanced Functional Nanomaterials for Biological Proc-
esses.
[2,500] 
Improving Soldier Recovery from Catastrophic Bone Inju-
ries.
[4,000] 
Advanced Bio-Engineering for Enhancement of Soldier 
Survivability.
[3,000] 
Self-Powered Prosthetic Limb Technology ..........................
[2,000] 
Human Organ and Tissue Preservation Technology ..........
[2,000] 
Optical Neural Techniques for Combat and Post Trauma 
Care.
[4,000] 
SUBTOTAL, APPLIED RESEARCH, ARMY ....................
781,197 
914,397 
ADVANCED TECHNOLOGY DEVELOPMENT 
029 
0603001A 
WARFIGHTER ADVANCED TECHNOLOGY .......................
37,574 
45,874 
High Pressure Pasteurization & Pressure Assisted Ther-
mal Sterilization.
[4,300] 
Next Generation Precision Airdrop System ........................
[2,500] 
Onyx System Precision Guided Airdropped Equipment ....
[1,500] 
030 
0603002A 
MEDICAL ADVANCED TECHNOLOGY ...............................
72,940 
124,240 
Biosensor controller systems development ..........................
[2,000] 
Body temperature conditioner systems ...............................
[2,500] 
Gulf War illness research .....................................................
[12,000] 
Integrated medical technology program ..............................
[7,500] 
Lower limb prosthetics research ..........................................
[2,000] 
Regenerative medical research .............................................
[4,000] 
Proton Treatment and Research Center—Northern Illi-
nois.
[2,000] 
Wounded Service Member Bioelectrics Research ...............
[1,500] 
Malaria Vaccine Development ..............................................
[5,000] 
Regenerative Medicine to Address Astute Hearing Loss ...
[3,000] 
Multi-Dose Closed Loop pH Monitoring System for Plate-
lets.
[1,000] 
Carbide-Derived Carbon for Treatment of Combat Related 
Sepsis.
[1,000] 
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123 STAT. 2759 
PUBLIC LAW 111–84—OCT. 28, 2009 
RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 
(In Thousands of Dollars) 
Line 
Program 
Element 
Item 
FY 2010 
Request 
Conference 
Authorized 
Clinical Technology Integration for Military Health ..........
[2,000] 
Institute for Simulation and Interprofessional Studies .....
[5,800] 
031 
0603003A 
AVIATION ADVANCED TECHNOLOGY ..............................
60,097 
80,597 
Advanced Affordable Turbine Engine Program ..................
[5,000] 
Robust Composite Structural Core for Army Helicopters ..
[2,000] 
UH–60 Transmission/Gearbox Galvanic Corrosion Reduc-
tion.
[1,500] 
Drive System Composite Structural Component Risk Re-
duction Program.
[3,000] 
Universal Control—FADEC ..................................................
[9,000] 
032 
0603004A 
WEAPONS 
AND 
MUNITIONS 
ADVANCED 
TECH-
NOLOGY.
66,410 
61,410 
Electromagnetic gun ..............................................................
[–11,500] 
Lethality research .................................................................
[6,500] 
033 
0603005A 
COMBAT VEHICLE AND AUTOMOTIVE ADVANCED 
TECHNOLOGY.
89,586 
174,986 
Advanced APU development .................................................
[2,000] 
Advanced battery development program .............................
[10,000] 
Advanced lithium ion battery systems ................................
[3,000] 
Advanced suspension systems for heavy vehicles ...............
[2,700] 
Advanced thermal management systems ............................
[3,000] 
Alternative energy research .................................................
[20,000] 
Hybrid engine development program ...................................
[4,000] 
Hybrid truck development ....................................................
[4,000] 
Smart plug-in hybrid electric vehicle program ...................
[4,100] 
Threat cue research ...............................................................
[2,000] 
Unmanned ground vehicle initiative ...................................
[12,000] 
Vehicle prognostics technologies ..........................................
[3,100] 
Unmanned Robotic System Utilizing Hydrocarbon Fueled 
Solid Oxide Fuel Cell.
[3,000] 
Advanced Composites for Light Weight, Low Cost Trans-
portation Systems Using a 3+ Ring Extruder.
[3,000] 
Protective 3–D Armor Structure to Safeguard Military 
Vehicles and Troops.
[2,000] 
Fire Shield ..............................................................................
[2,000] 
Hydraulic Hybrid Vehicle (HHV) for the Tactical Wheeled 
Fleet.
[3,500] 
Heavy Duty Hybrid Electric Vehicle ....................................
[2,000] 
034 
0603006A 
COMMAND, 
CONTROL, 
COMMUNICATIONS 
AD-
VANCED TECHNOLOGY.
8,667 
12,467 
Applied Communications and Information Networking 
(ACIN).
[3,800] 
035 
0603007A 
MANPOWER, PERSONNEL AND TRAINING ADVANCED 
TECHNOLOGY.
7,410 
7,410 
036 
0603008A 
ELECTRONIC WARFARE ADVANCED TECHNOLOGY ....
50,458 
50,458 
037 
0603009A 
TRACTOR HIKE .......................................................................
11,328 
11,328 
038 
0603015A 
NEXT GENERATION TRAINING & SIMULATION SYS-
TEMS.
19,415 
24,915 
Combat medic training systems ...........................................
[2,000] 
Joint Fires & Effects Trainer System enhancements .........
[2,500] 
HapMed Combat Medic Trainer ...........................................
[1,000] 
039 
0603020A 
TRACTOR ROSE ......................................................................
14,569 
14,569 
040 
0603103A 
EXPLOSIVES DEMILITARIZATION TECHNOLOGY .........
2,000 
Propellant Conversion to Fertilizer Program for Tooele 
Army Depot.
[2,000] 
041 
0603105A 
MILITARY HIV RESEARCH ...................................................
6,657 
6,657 
042 
0603125A 
COMBATING TERRORISM, TECHNOLOGY DEVELOP-
MENT.
11,989 
11,989 
043 
0603270A 
ELECTRONIC WARFARE TECHNOLOGY ...........................
19,192 
22,692 
Laser systems for light aircraft missile defense .................
[1,000] 
Advanced Ground Electronic Warfare & Signals Intel-
ligence System.
[2,500] 
044 
0603313A 
MISSILE AND ROCKET ADVANCED TECHNOLOGY .......
63,951 
67,251 
Discriminatory imaging research .........................................
[2,500] 
Scenario Generation for Integrated Air and Missile De-
fense Evaluation.
[800] 
045 
0603322A 
TRACTOR CAGE ......................................................................
12,154 
12,154 
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123 STAT. 2760 
PUBLIC LAW 111–84—OCT. 28, 2009 
RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 
(In Thousands of Dollars) 
Line 
Program 
Element 
Item 
FY 2010 
Request 
Conference 
Authorized 
046 
0603606A 
LANDMINE WARFARE AND BARRIER ADVANCED 
TECHNOLOGY.
30,317 
30,317 
047 
0603607A 
JOINT SERVICE SMALL ARMS PROGRAM ........................
8,996 
8,996 
048 
0603710A 
NIGHT VISION ADVANCED TECHNOLOGY ......................
40,329 
52,329 
Bradley third generation FLIR ............................................
[5,000] 
Buster/Blacklight UAV Development ..................................
[1,000] 
Hyper Spectral Sensor for Improved Force Protection Sys-
tem.
[2,000] 
Brownout Situational Awareness .........................................
[3,000] 
High Resolution Personal Miniature Thermal Viewer .......
[1,000] 
049 
0603728A 
ENVIRONMENTAL 
QUALITY 
TECHNOLOGY 
DEM-
ONSTRATIONS.
15,706 
15,706 
050 
0603734A 
MILITARY ENGINEERING ADVANCED TECHNOLOGY
5,911 
19,211 
Permafrost tunnel ..................................................................
[500] 
Photovoltaic technology development ..................................
[2,000] 
PacCom Renewable Energy Security System ......................
[3,000] 
Field Deployable Hologram Production System ..................
[4,800] 
Demonstration of Thin Film Solar Modules as a Renew-
able Energy Source.
[1,000] 
Nanotechnology for Potable Water and Waste Treatment
[2,000] 
051 
0603772A 
ADVANCED TACTICAL COMPUTER SCIENCE AND 
SENSOR TECHNOLOGY.
41,561 
45,061 
Foliage Penetrating, Reconnaissance, Surveillance, Track-
ing, and Engagement Radar.
[2,000] 
Optimizing Natural Language Processing of Open Source 
Intelligence (OSINT).
[1,500] 
SUBTOTAL, ADVANCED TECHNOLOGY DEVELOP-
MENT, ARMY.
695,217 
902,617 
ADVANCED COMPONENT DEVELOPMENT & PRO-
TOTYPES 
052 
0603024A 
UNIQUE ITEM IDENTIFICATION (UID) 
053 
0603305A 
ARMY 
MISSILE 
DEFENSE 
SYSTEMS 
INTEGRA-
TION(NON SPACE).
14,683 
30,183 
Biological Air Filtering System Technology ........................
[3,000] 
Compact Pulsed Power for Military Applications ...............
[4,000] 
Adaptive robotic technology ..................................................
[3,500] 
Advanced electronics integration .........................................
[3,000] 
Advanced environmental controls ........................................
[2,000] 
054 
0603308A 
ARMY MISSILE DEFENSE SYSTEMS INTEGRATION 
(SPACE).
117,471 
117,471 
055 
0603327A 
AIR AND MISSILE DEFENSE SYSTEMS ENGINEERING 
209,531 
160,531 
Center for Defense Systems Research .................................
[1,000] 
Excessive Project Cost Growth—Integrated Air and Mis-
sile Defense.
[–50,000] 
056 
0603460A 
JOINT AIR-TO-GROUND MISSILE (JAGM) 
057 
0603619A 
LANDMINE WARFARE AND BARRIER—ADV DEV ..........
17,536 
17,536 
058 
0603627A 
SMOKE, OBSCURANT AND TARGET DEFEATING SYS- 
ADV DEV.
4,920 
4,920 
059 
0603639A 
TANK AND MEDIUM CALIBER AMMUNITION ................
33,934 
33,934 
060 
0603653A 
ADVANCED TANK ARMAMENT SYSTEM (ATAS) .............
90,299 
90,299 
061 
0603747A 
SOLDIER SUPPORT AND SURVIVABILITY .......................
31,752 
31,752 
062 
0603766A 
TACTICAL ELECTRONIC SURVEILLANCE SYSTEM— 
ADV DEV.
18,228 
18,228 
063 
0603774A 
NIGHT VISION SYSTEMS ADVANCED DEVELOPMENT 
064 
0603779A 
ENVIRONMENTAL QUALITY TECHNOLOGY ...................
4,770 
8,770 
Cadmium 
Emissions 
Reduction—Letterkenny 
Army 
Depot.
[1,000] 
Vanadium Technology Program ...........................................
[3,000] 
065 
0603782A 
WARFIGHTER INFORMATION NETWORK-TACTICAL ....
180,673 
180,673 
066 
0603790A 
NATO RESEARCH AND DEVELOPMENT ...........................
5,048 
5,048 
067 
0603801A 
AVIATION—ADV DEV ............................................................
8,537 
8,537 
068 
0603804A 
LOGISTICS AND ENGINEER EQUIPMENT—ADV DEV ...
56,373 
46,373 
Premature JLTV program growth .......................................
[–10,000] 
069 
0603805A 
COMBAT 
SERVICE 
SUPPORT 
CONTROL 
SYSTEM 
EVALUATION AND ANALYSIS.
9,868 
9,868 
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123 STAT. 2761 
PUBLIC LAW 111–84—OCT. 28, 2009 
RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 
(In Thousands of Dollars) 
Line 
Program 
Element 
Item 
FY 2010 
Request 
Conference 
Authorized 
070 
0603807A 
MEDICAL SYSTEMS—ADV DEV ..........................................
31,275 
31,275 
071 
0603827A 
SOLDIER SYSTEMS—ADVANCED DEVELOPMENT ........
71,832 
73,832 
Acid Alkaline Direct Methanol Fuel Cell ............................
[2,000] 
072 
0603850A 
INTEGRATED BROADCAST SERVICE ................................
1,476 
1,476 
SUBTOTAL, ADVANCED COMPONENT DEVELOP-
MENT & PROTOTYPES, ARMY.
908,206 
870,706 
SYSTEM DEVELOPMENT & DEMONSTRATION 
073 
0604201A 
AIRCRAFT AVIONICS .............................................................
92,977 
92,977 
074 
0604220A 
ARMED, DEPLOYABLE HELOS ............................................
65,515 
65,515 
075 
0604270A 
ELECTRONIC WARFARE DEVELOPMENT ........................
248,463 
248,463 
076 
0604321A 
ALL SOURCE ANALYSIS SYSTEM .......................................
13,107 
13,107 
077 
0604328A 
TRACTOR CAGE ......................................................................
16,286 
16,286 
078 
0604601A 
INFANTRY SUPPORT WEAPONS .........................................
74,814 
78,814 
Lightweight caliber .50 machine gun ..................................
[4,000] 
079 
0604604A 
MEDIUM TACTICAL VEHICLES ..........................................
5,683 
5,683 
080 
0604609A 
SMOKE, OBSCURANT AND TARGET DEFEATING SYS- 
SDD.
978 
978 
081 
0604622A 
FAMILY OF HEAVY TACTICAL VEHICLES .......................
7,477 
9,477 
Heavy tactical vehicle development .....................................
[2,000] 
082 
0604633A 
AIR TRAFFIC CONTROL ........................................................
7,578 
7,578 
083 
0604646A 
NON-LINE OF SIGHT LAUNCH SYSTEM ...........................
88,660 
88,660 
084 
0604647A 
NON-LINE OF SIGHT CANNON ...........................................
58,216 
31,216 
Unjustified Termination Costs .............................................
[–27,000] 
085 
0604660A 
FCS MANNED GRD VEHICLES & COMMON GRD VEHI-
CLE.
368,557 
184,557 
Unjustified Termination Costs .............................................
[–184,000] 
086 
0604661A 
FCS SYSTEMS OF SYSTEMS ENGR & PROGRAM MGMT 
1,067,191 
1,067,191 
087 
0604662A 
FCS RECONNAISSANCE (UAV) PLATFORMS ...................
68,701 
68,701 
088 
0604663A 
FCS UNMANNED GROUND VEHICLES ..............................
125,616 
125,616 
089 
0604664A 
FCS UNATTENDED GROUND SENSORS ...........................
26,919 
26,919 
090 
0604665A 
FCS SUSTAINMENT & TRAINING R&D .............................
749,182 
749,182 
091 
0604666A 
SPIN OUT TECHNOLOGY/CAPABILITY INSERTION 
092 
0604710A 
NIGHT VISION SYSTEMS—SDD ..........................................
55,410 
55,410 
093 
0604713A 
COMBAT FEEDING, CLOTHING, AND EQUIPMENT .......
2,092 
2,092 
094 
0604715A 
NON-SYSTEM TRAINING DEVICES—SDD .........................
30,209 
30,209 
095 
0604741A 
AIR DEFENSE COMMAND, CONTROL AND INTEL-
LIGENCE—SDD.
28,936 
28,936 
096 
0604742A 
CONSTRUCTIVE SIMULATION SYSTEMS DEVELOP-
MENT.
33,213 
33,213 
097 
0604746A 
AUTOMATIC TEST EQUIPMENT DEVELOPMENT ..........
15,320 
15,320 
098 
0604760A 
DISTRIBUTIVE INTERACTIVE SIMULATIONS (DIS)— 
SDD.
15,727 
15,727 
099 
0604778A 
POSITIONING SYSTEMS DEVELOPMENT (SPACE) ........
9,446 
9,446 
100 
0604780A 
COMBINED ARMS TACTICAL TRAINER (CATT) CORE ...
26,243 
26,243 
101 
0604783A 
JOINT NETWORK MANAGEMENT SYSTEM 
102 
0604802A 
WEAPONS AND MUNITIONS—SDD ....................................
34,878 
42,378 
Common guidance control module .......................................
[7,500] 
103 
0604804A 
LOGISTICS AND ENGINEER EQUIPMENT—SDD ............
36,018 
37,518 
Autonomous Sustainment Cargo Container Sea Truck .....
[1,500] 
104 
0604805A 
COMMAND, 
CONTROL, 
COMMUNICATIONS 
SYS-
TEMS—SDD.
88,995 
88,995 
105 
0604807A 
MEDICAL 
MATERIEL/MEDICAL 
BIOLOGICAL 
DE-
FENSE EQUIPMENT—SDD.
33,893 
34,693 
Plasma Sterilizer ...................................................................
[800] 
106 
0604808A 
LANDMINE WARFARE/BARRIER—SDD .............................
82,260 
60,960 
Program reduction .................................................................
[–21,300] 
107 
0604814A 
ARTILLERY MUNITIONS .......................................................
42,452 
42,452 
108 
0604817A 
COMBAT IDENTIFICATION ..................................................
20,070 
20,070 
109 
0604818A 
ARMY TACTICAL COMMAND & CONTROL HARDWARE 
& SOFTWARE.
90,864 
90,864 
110 
0604820A 
RADAR DEVELOPMENT 
111 
0604822A 
GENERAL FUND ENTERPRISE BUSINESS SYSTEM 
(GFEBS).
6,002 
6,002 
112 
0604823A 
FIREFINDER ............................................................................
20,333 
20,333 
113 
0604827A 
SOLDIER SYSTEMS—WARRIOR DEM/VAL ........................
19,786 
19,786 
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123 STAT. 2762 
PUBLIC LAW 111–84—OCT. 28, 2009 
RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 
(In Thousands of Dollars) 
Line 
Program 
Element 
Item 
FY 2010 
Request 
Conference 
Authorized 
114 
0604854A 
ARTILLERY SYSTEMS ...........................................................
23,318 
81,534 
Accelerate Paladin integration management ......................
[58,216] 
115 
0604869A 
PATRIOT/MEADS COMBINED AGGREGATE PROGRAM 
(CAP).
569,182 
569,182 
116 
0604870A 
NUCLEAR ARMS CONTROL MONITORING SENSOR 
NETWORK.
7,140 
7,140 
117 
0605013A 
INFORMATION TECHNOLOGY DEVELOPMENT .............
35,309 
66,109 
Transfer from RDDW, line 117, for DIMHRS execution ....
[30,800] 
118 
0605450A 
JOINT AIR-TO-GROUND MISSILE (JAGM) .........................
127,439 
127,439 
119 
0605625A 
MANNED GROUND VEHICLE ..............................................
100,000 
100,000 
SUBTOTAL, 
SYSTEM 
DEVELOPMENT 
& 
DEM-
ONSTRATION, ARMY.
4,640,455 
4,512,971 
RDT&E MANAGEMENT SUPPORT 
120 
0604256A 
THREAT SIMULATOR DEVELOPMENT ..............................
22,222 
22,222 
121 
0604258A 
TARGET SYSTEMS DEVELOPMENT ...................................
13,615 
13,615 
122 
0604759A 
MAJOR T&E INVESTMENT ...................................................
51,846 
51,846 
123 
0605103A 
RAND ARROYO CENTER .......................................................
16,305 
18,305 
Program Increase ..................................................................
[2,000] 
124 
0605301A 
ARMY KWAJALEIN ATOLL ...................................................
163,514 
163,514 
125 
0605326A 
CONCEPTS EXPERIMENTATION PROGRAM ....................
23,445 
23,445 
126 
0605502A 
SMALL BUSINESS INNOVATIVE RESEARCH 
127 
0605601A 
ARMY TEST RANGES AND FACILITIES .............................
354,693 
354,693 
128 
0605602A 
ARMY TECHNICAL TEST INSTRUMENTATION AND 
TARGETS.
72,911 
84,111 
Common regional operational systems ................................
[3,000] 
Data fusion systems ..............................................................
[2,500] 
Dugway field test improvements ..........................................
[4,500] 
MOTS All Sky Imager ...........................................................
[1,200] 
129 
0605604A 
SURVIVABILITY/LETHALITY ANALYSIS ...........................
45,016 
45,016 
130 
0605605A 
DOD HIGH ENERGY LASER TEST FACILITY ...................
2,891 
8,891 
Program increase ...................................................................
[6,000] 
131 
0605606A 
AIRCRAFT CERTIFICATION .................................................
3,766 
3,766 
132 
0605702A 
METEOROLOGICAL SUPPORT TO RDT&E ACTIVITIES
8,391 
8,391 
133 
0605706A 
MATERIEL SYSTEMS ANALYSIS .........................................
19,969 
19,969 
134 
0605709A 
EXPLOITATION OF FOREIGN ITEMS .................................
5,432 
5,432 
135 
0605712A 
SUPPORT OF OPERATIONAL TESTING .............................
77,877 
77,877 
136 
0605716A 
ARMY EVALUATION CENTER .............................................
66,309 
66,309 
137 
0605718A 
ARMY MODELING & SIM X-CMD COLLABORATION & 
INTEG.
5,357 
5,357 
138 
0605801A 
PROGRAMWIDE ACTIVITIES ...............................................
77,823 
77,823 
139 
0605803A 
TECHNICAL INFORMATION ACTIVITIES .........................
51,620 
51,620 
140 
0605805A 
MUNITIONS 
STANDARDIZATION, 
EFFECTIVENESS 
AND SAFETY.
45,053 
47,053 
3D woven preform technology for Army munitions ............
[2,000] 
141 
0605857A 
ENVIRONMENTAL QUALITY TECHNOLOGY MGMT 
SUPPORT.
5,191 
5,191 
142 
0605898A 
MANAGEMENT HQ—R&D .....................................................
15,866 
15,866 
143 
0909999A 
FINANCING FOR CANCELLED ACCOUNT ADJUST-
MENTS 
SUBTOTAL, 
RDT&E 
MANAGEMENT 
SUPPORT, 
ARMY.
1,149,112 
1,170,312 
OPERATIONAL SYSTEMS DEVELOPMENT 
144 
0603778A 
MLRS PRODUCT IMPROVEMENT PROGRAM ...................
27,693 
27,693 
145 
0603820A 
WEAPONS CAPABILITY MODIFICATIONS UAV 
146 
0102419A 
AEROSTAT JOINT PROJECT OFFICE .................................
360,076 
340,076 
Program delay reduction .......................................................
[–20,000] 
147 
0203726A 
ADV FIELD ARTILLERY TACTICAL DATA SYSTEM ........
23,727 
26,227 
AFATDS Voice Recognition and Cross Platform Speech 
Interface System.
[2,500] 
148 
0203735A 
COMBAT VEHICLE IMPROVEMENT PROGRAMS ............
190,301 
190,301 
149 
0203740A 
MANEUVER CONTROL SYSTEM .........................................
21,394 
21,394 
150 
0203744A 
AIRCRAFT 
MODIFICATIONS/PRODUCT 
IMPROVE-
MENT PROGRAMS.
209,401 
209,401 
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123 STAT. 2763 
PUBLIC LAW 111–84—OCT. 28, 2009 
RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 
(In Thousands of Dollars) 
Line 
Program 
Element 
Item 
FY 2010 
Request 
Conference 
Authorized 
151 
0203752A 
AIRCRAFT 
ENGINE 
COMPONENT 
IMPROVEMENT 
PROGRAM.
792 
792 
152 
0203758A 
DIGITIZATION .........................................................................
10,692 
10,692 
153 
0203759A 
FORCE 
XXI 
BATTLE 
COMMAND, 
BRIGADE 
AND 
BELOW (FBCB2) 
154 
0203801A 
MISSILE/AIR 
DEFENSE 
PRODUCT 
IMPROVEMENT 
PROGRAM.
39,273 
39,273 
155 
0203802A 
OTHER 
MISSILE 
PRODUCT 
IMPROVEMENT 
PRO-
GRAMS.
5,000 
Javelin Warhead Improvement Plan ...................................
[5,000] 
156 
0203808A 
TRACTOR CARD ......................................................................
20,035 
20,035 
157 
0208010A 
JOINT TACTICAL COMMUNICATIONS PROGRAM (TRI- 
TAC) 
158 
0208053A 
JOINT TACTICAL GROUND SYSTEM .................................
13,258 
13,258 
159 
0208058A 
JOINT HIGH SPEED VESSEL (JHSV) ..................................
3,082 
3,082 
160 
0301359A 
SPECIAL ARMY PROGRAM ...................................................
[ ] 
[ ] 
161 
0303028A 
SECURITY AND INTELLIGENCE ACTIVITIES ..................
2,144 
2,144 
162 
0303140A 
INFORMATION SYSTEMS SECURITY PROGRAM ............
74,355 
74,355 
163 
0303141A 
GLOBAL COMBAT SUPPORT SYSTEM ...............................
144,733 
144,733 
164 
0303142A 
SATCOM GROUND ENVIRONMENT (SPACE) ...................
40,097 
40,097 
165 
0303150A 
WWMCCS/GLOBAL COMMAND AND CONTROL SYS-
TEM.
12,034 
12,034 
166 
0303158A 
JOINT COMMAND AND CONTROL PROGRAM (JC2) .......
20,365 
20,365 
167 
0305204A 
TACTICAL UNMANNED AERIAL VEHICLES ....................
202,521 
202,521 
168 
0305208A 
DISTRIBUTED COMMON GROUND/SURFACE SYSTEMS 
188,414 
190,714 
Joint STARS Surveillance and Control Data Link (SCDL) 
Technology Refresh.
[1,000] 
Adaptive Defense High-Speed IP Packet Inspection En-
gine on a Chip.
[1,300] 
169 
0305287A 
BASE EXPED TARGETING SURVEILLANCE SYS-COM-
BINED 
170 
0307207A 
AERIAL COMMON SENSOR (ACS) .......................................
210,035 
210,035 
171 
0702239A 
AVIONICS COMPONENT IMPROVEMENT PROGRAM 
172 
0708045A 
END ITEM INDUSTRIAL PREPAREDNESS ACTIVITIES
68,466 
71,966 
Smart machine platform initiative ......................................
[2,000] 
Weapon systems repair technologies ...................................
[1,500] 
999 
9999999 
OTHER PROGRAMS ................................................................
3,883 
3,883 
SUBTOTAL, OPERATIONAL SYSTEMS DEVELOP-
MENT, ARMY.
1,886,771 
1,880,071 
TOTAL, RDT&E ARMY .........................................................
10,438,218 
10,638,534 
RESEARCH, DEVELOPMENT, TEST & EVALUATION, 
NAVY 
BASIC RESEARCH 
001 
0601103N 
UNIVERSITY RESEARCH INITIATIVES .............................
99,472 
99,472 
002 
0601152N 
IN-HOUSE LABORATORY INDEPENDENT RESEARCH ..
18,076 
18,076 
003 
0601153N 
DEFENSE RESEARCH SCIENCES .......................................
413,743 
416,243 
Nanoelectronics, Nanometrology, and Nanobiology Initia-
tive.
[2,500] 
SUBTOTAL, BASIC RESEARCH, NAVY ...........................
531,291 
533,791 
APPLIED RESEARCH 
004 
0602114N 
POWER PROJECTION APPLIED RESEARCH ....................
59,787 
64,787 
Energetics research ...............................................................
[3,000] 
Multifunctional Materials, their Applications and Devices 
[2,000] 
005 
0602123N 
FORCE PROTECTION APPLIED RESEARCH .....................
91,400 
124,400 
Alternative energy research .................................................
[20,000] 
Energy systems integration research ..................................
[4,000] 
Port security technologies .....................................................
[2,000] 
Design Optimization of Composite High-Speed Boats 
Using Advanced Composite and Manufacturing and 
Non-destructive Evaluation.
[2,000] 
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123 STAT. 2764 
PUBLIC LAW 111–84—OCT. 28, 2009 
RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 
(In Thousands of Dollars) 
Line 
Program 
Element 
Item 
FY 2010 
Request 
Conference 
Authorized 
Lithium Ion Storage Advancement for Aircraft Applica-
tions.
[2,500] 
Non-Traditional Weaving Applications for Aramid Bal-
listic Fibers and Fabrics.
[2,500] 
006 
0602131M 
MARINE CORPS LANDING FORCE TECHNOLOGY .........
39,308 
39,308 
007 
0602234N 
MATERIALS, ELECTRONICS AND COMPUTER TECH-
NOLOGY 
008 
0602235N 
COMMON PICTURE APPLIED RESEARCH ........................
83,163 
83,163 
009 
0602236N 
WARFIGHTER SUSTAINMENT APPLIED RESEARCH .....
104,169 
107,169 
Anti-reverse engineering technologies .................................
[1,000] 
Managing and Extending DOD Asset Lifecycles (MEDAL) 
[2,000] 
010 
0602271N 
ELECTROMAGNETIC SYSTEMS APPLIED RESEARCH ..
64,816 
64,816 
011 
0602435N 
OCEAN WARFIGHTING ENVIRONMENT APPLIED RE-
SEARCH.
48,750 
51,750 
Advanced UUV research .......................................................
[1,000] 
Laser underwater imaging and communications research 
[2,000] 
012 
0602651M 
JOINT NON-LETHAL WEAPONS APPLIED RESEARCH ..
6,008 
6,008 
013 
0602747N 
UNDERSEA WARFARE APPLIED RESEARCH ...................
55,694 
55,694 
014 
0602782N 
MINE AND EXPEDITIONARY WARFARE APPLIED RE-
SEARCH.
40,880 
42,880 
Electromagnetic signature assessment system ...................
[2,000] 
SUBTOTAL, APPLIED RESEARCH, NAVY .....................
593,975 
639,975 
ADVANCED TECHNOLOGY DEVELOPMENT 
015 
0603114N 
POWER PROJECTION ADVANCED TECHNOLOGY .........
107,969 
116,369 
Countermine Lidar UAV-Based System (CLUBS) .............
[2,000] 
Detection, Tracking, and Identification for ISRTE of Mo-
bile Asymmetric Targets.
[2,500] 
Quiet Drive Advanced Rotary Actuator ...............................
[2,000] 
Tactical High Speed Anti-Radiation Missile Demonstra-
tion.
[1,900] 
016 
0603123N 
FORCE PROTECTION ADVANCED TECHNOLOGY ..........
66,035 
78,035 
Advance coatings for aviation components ..........................
[2,000] 
Single generator operations lithium ion battery .................
[5,000] 
High-Temperature Radar Dome Materials .........................
[2,000] 
Pure Hydrogen Supply from Logistic Fuels ........................
[3,000] 
017 
0603235N 
COMMON PICTURE ADVANCED TECHNOLOGY .............
108,394 
49,294 
High-integrity GPS ................................................................
[–59,100] 
018 
0603236N 
WARFIGHTER 
SUSTAINMENT 
ADVANCED 
TECH-
NOLOGY.
86,239 
86,239 
019 
0603271N 
ELECTROMAGNETIC 
SYSTEMS 
ADVANCED 
TECH-
NOLOGY.
65,827 
65,827 
020 
0603640M 
USMC ADVANCED TECHNOLOGY DEMONSTRATION 
(ATD).
107,363 
112,363 
Acoustic combat sensors ........................................................
[5,000] 
021 
0603651M 
JOINT NON-LETHAL WEAPONS TECHNOLOGY DE-
VELOPMENT.
10,998 
10,998 
022 
0603729N 
WARFIGHTER 
PROTECTION 
ADVANCED 
TECH-
NOLOGY.
18,609 
21,109 
Navy Special Warfare Performance and Injury Prevention 
Program for SBT 22 at Stennis Space Center.
[2,500] 
023 
0603747N 
UNDERSEA WARFARE ADVANCED TECHNOLOGY ........
68,037 
68,037 
024 
0603758N 
NAVY 
WARFIGHTING 
EXPERIMENTS 
AND 
DEM-
ONSTRATIONS.
52,643 
52,643 
025 
0603782N 
MINE AND EXPEDITIONARY WARFARE ADVANCED 
TECHNOLOGY.
28,782 
28,782 
SUBTOTAL, ADVANCED TECHNOLOGY DEVELOP-
MENT, NAVY.
720,896 
689,696 
ADVANCED COMPONENT DEVELOPMENT & PRO-
TOTYPES 
026 
0603207N 
AIR/OCEAN TACTICAL APPLICATIONS .............................
116,082 
117,482 
Semi-submersible for UUV sensor developments ...............
[1,400] 
027 
0603216N 
AVIATION SURVIVABILITY ..................................................
6,505 
9,505 
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123 STAT. 2765 
PUBLIC LAW 111–84—OCT. 28, 2009 
RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 
(In Thousands of Dollars) 
Line 
Program 
Element 
Item 
FY 2010 
Request 
Conference 
Authorized 
Lighter Than Air Stratospheric UAV for Persistant Com-
munications Relay and Surveillance.
[3,000] 
028 
0603237N 
DEPLOYABLE JOINT COMMAND AND CONTROL ..........
6,032 
6,032 
029 
0603254N 
ASW SYSTEMS DEVELOPMENT ..........................................
16,585 
20,585 
Sonobuoy wave energy module .............................................
[1,000] 
Marine Mammal Awareness, Alert, and Response Sys-
tems.
[3,000] 
030 
0603261N 
TACTICAL AIRBORNE RECONNAISSANCE ......................
7,713 
7,713 
031 
0603382N 
ADVANCED COMBAT SYSTEMS TECHNOLOGY ..............
1,677 
1,677 
032 
0603502N 
SURFACE AND SHALLOW WATER MINE COUNTER-
MEASURES.
76,739 
76,739 
033 
0603506N 
SURFACE SHIP TORPEDO DEFENSE .................................
57,538 
62,038 
Continuous Active Sonar for Torpedo Systems ...................
[4,500] 
034 
0603512N 
CARRIER SYSTEMS DEVELOPMENT .................................
173,594 
173,594 
035 
0603513N 
SHIPBOARD SYSTEM COMPONENT DEVELOPMENT ....
1,691 
18,791 
DDG–51 hybrid propulsion system ......................................
[8,100] 
Advanced Steam Turbine ......................................................
[4,000] 
Next Generation Shipboard Intergrated Power: Fuel Effi-
ciency and Advanced Capability Enhancer.
[5,000] 
036 
0603525N 
PILOT FISH ..............................................................................
79,194 
79,194 
037 
0603527N 
RETRACT LARCH ....................................................................
99,757 
99,757 
038 
0603536N 
RETRACT JUNIPER ................................................................
120,752 
120,752 
039 
0603542N 
RADIOLOGICAL CONTROL ...................................................
1,372 
1,372 
040 
0603553N 
SURFACE ASW ........................................................................
21,995 
21,995 
041 
0603561N 
ADVANCED SUBMARINE SYSTEM DEVELOPMENT ......
551,836 
553,836 
Submarine Fatline Vector Sensor Towed Array .................
[2,000] 
042 
0603562N 
SUBMARINE TACTICAL WARFARE SYSTEMS .................
10,172 
10,172 
043 
0603563N 
SHIP CONCEPT ADVANCED DESIGN ................................
22,541 
22,541 
044 
0603564N 
SHIP PRELIMINARY DESIGN & FEASIBILITY STUDIES 
28,135 
32,135 
Support for Naval Ship Hydrodynamics Test Facilities .....
[4,000] 
045 
0603570N 
ADVANCED NUCLEAR POWER SYSTEMS ........................
259,887 
259,887 
046 
0603573N 
ADVANCED SURFACE MACHINERY SYSTEMS ...............
5,599 
9,099 
High Denstiy Power Conversion and Distribution Equip-
ment.
[1,500] 
Hybrid Electric Drive ............................................................
[2,000] 
047 
0603576N 
CHALK EAGLE ........................................................................
443,555 
443,555 
048 
0603581N 
LITTORAL COMBAT SHIP (LCS) ..........................................
360,518 
360,518 
049 
0603582N 
COMBAT SYSTEM INTEGRATION .......................................
22,558 
22,558 
050 
0603609N 
CONVENTIONAL MUNITIONS .............................................
3,458 
3,458 
051 
0603611M 
MARINE CORPS ASSAULT VEHICLES ...............................
293,466 
293,466 
052 
0603612M 
USMC MINE COUNTERMEASURES SYSTEMS—ADV 
DEV 
053 
0603635M 
MARINE CORPS GROUND COMBAT/SUPPORT SYSTEM 
73,798 
61,798 
Premature JLTV program growth .......................................
[–12,000] 
054 
0603654N 
JOINT SERVICE EXPLOSIVE ORDNANCE DEVELOP-
MENT.
21,054 
21,054 
055 
0603658N 
COOPERATIVE ENGAGEMENT ............................................
56,586 
56,586 
056 
0603713N 
OCEAN ENGINEERING TECHNOLOGY DEVELOPMENT 
17,328 
17,328 
057 
0603721N 
ENVIRONMENTAL PROTECTION .......................................
20,661 
20,661 
058 
0603724N 
NAVY ENERGY PROGRAM ....................................................
8,476 
16,226 
Molten carbonate fuel cell demonstrator .............................
[3,000] 
Solar heat reflective film development ................................
[4,750] 
059 
0603725N 
FACILITIES IMPROVEMENT ................................................
4,002 
9,602 
Wave Energy Powerbuoy Generating System .....................
[2,400] 
Photovoltaic Rooftop Systems—Navy ..................................
[1,500] 
Regenerative Fuel Cell Back-Up Power ..............................
[1,700] 
060 
0603734N 
CHALK CORAL ........................................................................
70,772 
70,772 
061 
0603739N 
NAVY LOGISTIC PRODUCTIVITY ........................................
4,301 
6,301 
Highly integrated optical interconnects for advanced air 
vehicles.
[1,000] 
RFID technology exploitation ...............................................
[1,000] 
062 
0603746N 
RETRACT MAPLE ....................................................................
210,237 
210,237 
063 
0603748N 
LINK PLUMERIA .....................................................................
69,313 
69,313 
064 
0603751N 
RETRACT ELM .........................................................................
152,151 
152,151 
065 
0603755N 
SHIP SELF DEFENSE .............................................................
6,960 
6,960 
066 
0603764N 
LINK EVERGREEN .................................................................
123,660 
123,660 
067 
0603787N 
SPECIAL PROCESSES ............................................................
54,115 
54,115 
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123 STAT. 2766 
PUBLIC LAW 111–84—OCT. 28, 2009 
RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 
(In Thousands of Dollars) 
Line 
Program 
Element 
Item 
FY 2010 
Request 
Conference 
Authorized 
068 
0603790N 
NATO RESEARCH AND DEVELOPMENT ...........................
10,194 
10,194 
069 
0603795N 
LAND ATTACK TECHNOLOGY .............................................
1,238 
1,238 
070 
0603851M 
NONLETHAL WEAPONS ........................................................
46,971 
46,971 
071 
0603860N 
JOINT PRECISION APPROACH AND LANDING SYS-
TEMS.
150,304 
150,304 
072 
0603879N 
SINGLE INTEGRATED AIR PICTURE (SIAP) SYSTEM 
ENGINEER (SE).
52,716 
52,716 
073 
0603889N 
COUNTERDRUG RDT&E PROJECTS 
074 
0603925N 
DIRECTED ENERGY AND ELECTRIC WEAPON SYS-
TEMS.
5,003 
7,003 
Joint 
Technology 
Insertion 
& 
Accelerated 
System 
Intergration Capability for Electronic Warfare.
[2,000] 
075 
0604272N 
TACTICAL AIR DIRECTIONAL INFRARED COUNTER-
MEASURES (TADIRCM).
63,702 
63,702 
076 
0604450N 
JOINT AIR-TO-GROUND MISSILE (JAGM) 
077 
0604653N 
JOINT COUNTER RADIO CONTROLLED IED ELEC-
TRONIC WARFARE (JCREW).
67,843 
67,843 
078 
0604659N 
PRECISION STRIKE WEAPONS DEVELOPMENT PRO-
GRAM.
40,926 
40,926 
079 
0604707N 
SPACE AND ELECTRONIC WARFARE (SEW) ARCHI-
TECTURE/ENGINEERING SUPPORT.
42,533 
42,533 
SUBTOTAL, ADVANCED COMPONENT DEVELOP-
MENT & PROTOTYPES, NAVY.
4,163,795 
4,208,645 
SYSTEM DEVELOPMENT & DEMONSTRATION 
080 
0604212N 
OTHER HELO DEVELOPMENT ............................................
54,092 
54,092 
081 
0604214N 
AV–8B AIRCRAFT—ENG DEV ...............................................
20,886 
20,886 
082 
0604215N 
STANDARDS DEVELOPMENT ..............................................
53,540 
55,540 
Measurement Standards Research and Development ........
[2,000] 
083 
0604216N 
MULTI-MISSION HELICOPTER UPGRADE DEVELOP-
MENT.
81,953 
86,653 
USN MH–60S ″Close the Lethality Gap″ M230 Pylon 
Qualification.
[4,700] 
084 
0604218N 
AIR/OCEAN EQUIPMENT ENGINEERING .........................
7,485 
7,485 
085 
0604221N 
P–3 MODERNIZATION PROGRAM .......................................
3,659 
3,659 
086 
0604230N 
WARFARE SUPPORT SYSTEM .............................................
6,307 
6,307 
087 
0604231N 
TACTICAL COMMAND SYSTEM ..........................................
86,462 
86,462 
088 
0604234N 
ADVANCED HAWKEYE ..........................................................
364,557 
364,557 
089 
0604245N 
H–1 UPGRADES .......................................................................
32,830 
32,830 
090 
0604261N 
ACOUSTIC SEARCH SENSORS ............................................
56,369 
56,369 
091 
0604262N 
V–22A .........................................................................................
89,512 
89,512 
092 
0604264N 
AIR CREW SYSTEMS DEVELOPMENT ...............................
14,265 
14,265 
093 
0604269N 
EA–18 .........................................................................................
55,446 
55,446 
094 
0604270N 
ELECTRONIC WARFARE DEVELOPMENT ........................
97,635 
97,635 
095 
0604273N 
VH–71A EXECUTIVE HELO DEVELOPMENT ...................
85,240 
85,240 
096 
0604274N 
NEXT GENERATION JAMMER (NGJ) .................................
127,970 
127,970 
097 
0604280N 
JOINT TACTICAL RADIO SYSTEM—NAVY (JTRS-NAVY) 
876,374 
876,374 
098 
0604300N 
SC–21 TOTAL SHIP SYSTEM ENGINEERING 
099 
0604307N 
SURFACE COMBATANT COMBAT SYSTEM ENGINEER-
ING.
178,459 
180,459 
Surface Ship Advanced Capability Build ............................
[2,000] 
100 
0604311N 
LPD–17 CLASS SYSTEMS INTEGRATION ..........................
5,304 
5,304 
101 
0604329N 
SMALL DIAMETER BOMB (SDB) .........................................
43,902 
43,902 
102 
0604366N 
STANDARD MISSILE IMPROVEMENTS .............................
182,197 
182,197 
103 
0604373N 
AIRBORNE MCM .....................................................................
48,712 
48,712 
104 
0604378N 
NAVAL INTEGRATED FIRE CONTROL—COUNTER AIR 
SYSTEMS ENGINEERING.
11,727 
11,727 
105 
0604501N 
ADVANCED ABOVE WATER SENSORS ..............................
236,078 
251,078 
Mobile maritime sensor technology development ...............
[15,000] 
106 
0604503N 
SSN–688 AND TRIDENT MODERNIZATION ......................
122,733 
122,733 
107 
0604504N 
AIR CONTROL ..........................................................................
6,533 
6,533 
108 
0604512N 
SHIPBOARD AVIATION SYSTEMS ......................................
80,623 
80,623 
109 
0604518N 
COMBAT INFORMATION CENTER CONVERSION ...........
13,305 
13,305 
110 
0604558N 
NEW DESIGN SSN ..................................................................
154,756 
162,756 
Common command & control system module .....................
[6,000] 
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123 STAT. 2767 
PUBLIC LAW 111–84—OCT. 28, 2009 
RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 
(In Thousands of Dollars) 
Line 
Program 
Element 
Item 
FY 2010 
Request 
Conference 
Authorized 
Mold-in-Place Coating for Development of U.S. Sub-
marine Fleet.
[2,000] 
111 
0604561N 
SSN–21 DEVELOPMENTS 
112 
0604562N 
SUBMARINE TACTICAL WARFARE SYSTEM ...................
59,703 
69,703 
Artificial Intelligence-based combat system kernel ............
[4,000] 
Submarine environment for evaluation & development ....
[3,000] 
Weapon acquisition & firing system ....................................
[3,000] 
113 
0604567N 
SHIP CONTRACT DESIGN/LIVE FIRE T&E .......................
89,988 
92,488 
Automated Fiber Optic Manufacturing Initiative for Navy 
Ships.
[2,500] 
114 
0604574N 
NAVY TACTICAL COMPUTER RESOURCES ......................
4,620 
4,620 
115 
0604601N 
MINE DEVELOPMENT ...........................................................
2,249 
2,249 
116 
0604610N 
LIGHTWEIGHT TORPEDO DEVELOPMENT ......................
21,105 
21,105 
117 
0604654N 
JOINT SERVICE EXPLOSIVE ORDNANCE DEVELOP-
MENT.
10,327 
10,327 
118 
0604703N 
PERSONNEL, TRAINING, SIMULATION, AND HUMAN 
FACTORS.
5,898 
5,898 
119 
0604727N 
JOINT STANDOFF WEAPON SYSTEMS ..............................
10,022 
10,022 
120 
0604755N 
SHIP SELF DEFENSE (DETECT & CONTROL) ..................
35,459 
38,459 
AUSV ......................................................................................
[3,000] 
121 
0604756N 
SHIP SELF DEFENSE (ENGAGE: HARD KILL) .................
34,236 
46,236 
Phalanx Next Generation .....................................................
[12,000] 
122 
0604757N 
SHIP SELF DEFENSE (ENGAGE: SOFT KILL/EW) ...........
88,895 
88,895 
123 
0604761N 
INTELLIGENCE ENGINEERING ..........................................
14,438 
14,438 
124 
0604771N 
MEDICAL DEVELOPMENT ...................................................
9,888 
23,488 
Composite tissue transplantation research .........................
[2,000] 
Custom body implant development ......................................
[2,000] 
Multivalent dengue vaccine program ...................................
[1,600] 
Orthopedic surgery instrumentation ...................................
[3,000] 
U.S. Navy Vaccine Program .................................................
[3,000] 
U.S. Navy Pandemic Influenza Vaccine Program: En-
hancement of Influenza Vaccine Efficacy.
[2,000] 
125 
0604777N 
NAVIGATION/ID SYSTEM .....................................................
63,184 
63,184 
126 
0604784N 
DISTRIBUTED SURVEILLANCE SYSTEM 
127 
0604800N 
JOINT STRIKE FIGHTER (JSF) ............................................
1,741,296 
1,956,296 
F136 Development .................................................................
[215,000] 
128 
0605013M 
INFORMATION TECHNOLOGY DEVELOPMENT .............
9,868 
9,868 
129 
0605013N 
INFORMATION TECHNOLOGY DEVELOPMENT .............
69,026 
77,126 
Information systems research ..............................................
[4,000] 
Integrated network-centric technology systems ..................
[2,600] 
Maintenance 
Planning 
and 
Assessment 
Technology 
(MPAT) Insertion.
[1,500] 
130 
0605212N 
CH–53K RDTE ..........................................................................
554,827 
554,827 
131 
0605430N 
C/KC–130 
AVIONICS 
MODERNIZATION 
PROGRAM 
(AMP) 
132 
0605450N 
JOINT AIR-TO-GROUND MISSILE (JAGM) .........................
81,434 
81,434 
133 
0605500N 
MULTI-MISSION MARITIME AIRCRAFT (MMA) ...............
1,162,417 
1,162,417 
134 
0204201N 
CG(X) ..........................................................................................
150,022 
110,022 
Program delay ........................................................................
[–40,000] 
135 
0204202N 
DDG–1000 ..................................................................................
539,053 
539,053 
136 
0304785N 
TACTICAL CRYPTOLOGIC SYSTEMS .................................
19,016 
19,016 
SUBTOTAL 
SYSTEM 
DEVELOPMENT 
& 
DEM-
ONSTRATION, NAVY.
7,975,882 
8,231,782 
RDT&E MANAGEMENT SUPPORT 
137 
0604256N 
THREAT SIMULATOR DEVELOPMENT ..............................
25,534 
25,534 
138 
0604258N 
TARGET SYSTEMS DEVELOPMENT ...................................
79,603 
79,603 
139 
0604759N 
MAJOR T&E INVESTMENT ...................................................
44,844 
49,844 
Aviation enterprise interoperability upgrades ....................
[5,000] 
140 
0605152N 
STUDIES AND ANALYSIS SUPPORT—NAVY ....................
11,422 
11,422 
141 
0605154N 
CENTER FOR NAVAL ANALYSES .......................................
49,821 
49,821 
142 
0605502N 
SMALL BUSINESS INNOVATIVE RESEARCH 
143 
0605804N 
TECHNICAL INFORMATION SERVICES ............................
735 
3,235 
Center for Commercialization of Advanced Technology .....
[2,500] 
144 
0605853N 
MANAGEMENT, TECHNICAL & INTERNATIONAL SUP-
PORT.
60,590 
60,590 
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08:02 Sep 19, 2011
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123 STAT. 2768 
PUBLIC LAW 111–84—OCT. 28, 2009 
RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 
(In Thousands of Dollars) 
Line 
Program 
Element 
Item 
FY 2010 
Request 
Conference 
Authorized 
145 
0605856N 
STRATEGIC TECHNICAL SUPPORT ...................................
3,633 
3,633 
146 
0605861N 
RDT&E SCIENCE AND TECHNOLOGY MANAGEMENT
70,942 
70,942 
147 
0605862N 
RDT&E INSTRUMENTATION MODERNIZATION 
148 
0605863N 
RDT&E SHIP AND AIRCRAFT SUPPORT ...........................
193,353 
193,353 
149 
0605864N 
TEST AND EVALUATION SUPPORT ...................................
380,733 
380,733 
150 
0605865N 
OPERATIONAL TEST AND EVALUATION CAPABILITY
12,010 
12,010 
151 
0605866N 
NAVY SPACE AND ELECTRONIC WARFARE (SEW) 
SUPPORT.
2,703 
2,703 
152 
0605867N 
SEW SURVEILLANCE/RECONNAISSANCE SUPPORT .....
20,921 
20,921 
153 
0605873M 
MARINE CORPS PROGRAM WIDE SUPPORT ...................
19,004 
19,004 
154 
0305885N 
TACTICAL CRYPTOLOGIC ACTIVITIES .............................
2,464 
2,464 
155 
0804758N 
SERVICE SUPPORT TO JFCOM, JNTC ...............................
4,197 
4,197 
156 
0909999N 
FINANCING FOR CANCELLED ACCOUNT ADJUST-
MENTS 
SUBTOTAL, 
RDT&E 
MANAGEMENT 
SUPPORT, 
NAVY.
982,509 
990,009 
OPERATIONAL SYSTEMS DEVELOPMENT 
158 
0604227N 
HARPOON MODIFICATIONS 
159 
0604402N 
UNMANNED COMBAT AIR VEHICLE (UCAV) AD-
VANCED COMPONENT AND PROTOTYPE DEVELOP-
MENT.
311,204 
311,204 
160 
0101221N 
STRATEGIC SUB & WEAPONS SYSTEM SUPPORT .........
74,939 
76,109 
Advanced LINAC Facility .....................................................
[1,170] 
161 
0101224N 
SSBN SECURITY TECHNOLOGY PROGRAM .....................
34,479 
34,479 
162 
0101226N 
SUBMARINE ACOUSTIC WARFARE DEVELOPMENT .....
7,211 
7,211 
163 
0101402N 
NAVY STRATEGIC COMMUNICATIONS .............................
43,982 
46,982 
E–6B Strategic Communications Upgrade Block 1A (VLF- 
TX & HPTS).
[3,000] 
164 
0203761N 
RAPID TECHNOLOGY TRANSITION (RTT) ........................
39,125 
39,125 
165 
0204136N 
F/A–18 SQUADRONS ...............................................................
127,733 
127,733 
166 
0204152N 
E–2 SQUADRONS ....................................................................
63,058 
63,058 
167 
0204163N 
FLEET TELECOMMUNICATIONS (TACTICAL) .................
37,431 
37,431 
168 
0204229N 
TOMAHAWK AND TOMAHAWK MISSION PLANNING 
CENTER (TMPC).
13,238 
13,238 
169 
0204311N 
INTEGRATED SURVEILLANCE SYSTEM ...........................
24,835 
24,835 
170 
0204413N 
AMPHIBIOUS TACTICAL SUPPORT UNITS (DISPLACE-
MENT CRAFT).
2,324 
2,324 
171 
0204571N 
CONSOLIDATED TRAINING SYSTEMS DEVELOPMENT 
49,293 
49,293 
172 
0204574N 
CRYPTOLOGIC DIRECT SUPPORT ......................................
1,609 
1,609 
173 
0204575N 
ELECTRONIC WARFARE (EW) READINESS SUPPORT ...
37,524 
37,524 
174 
0205601N 
HARM IMPROVEMENT ..........................................................
30,045 
30,045 
175 
0205604N 
TACTICAL DATA LINKS ........................................................
25,003 
25,003 
176 
0205620N 
SURFACE ASW COMBAT SYSTEM INTEGRATION ..........
41,803 
41,803 
177 
0205632N 
MK–48 ADCAP ..........................................................................
28,438 
28,438 
178 
0205633N 
AVIATION IMPROVEMENTS ................................................
135,840 
123,349 
F135 engine funding ahead of need .....................................
[–12,491] 
179 
0205658N 
NAVY SCIENCE ASSISTANCE PROGRAM .........................
3,716 
3,716 
180 
0205675N 
OPERATIONAL NUCLEAR POWER SYSTEMS ..................
72,031 
72,031 
181 
0206313M 
MARINE CORPS COMMUNICATIONS SYSTEMS ..............
287,348 
287,348 
182 
0206623M 
MARINE 
CORPS 
GROUND 
COMBAT/SUPPORTING 
ARMS SYSTEMS.
120,379 
124,379 
Expandable rigid wall composite shelters ...........................
[1,000] 
Marine personnel carrier support system ...........................
[3,000] 
183 
0206624M 
MARINE CORPS COMBAT SERVICES SUPPORT ..............
17,057 
18,057 
High performance capabilities for military vehicles ...........
[1,000] 
184 
0206625M 
USMC INTELLIGENCE/ELECTRONIC WARFARE SYS-
TEMS (MIP).
30,167 
30,167 
185 
0207161N 
TACTICAL AIM MISSILES .....................................................
2,298 
2,298 
186 
0207163N 
ADVANCED MEDIUM RANGE AIR-TO-AIR MISSILE 
(AMRAAM).
3,604 
3,604 
187 
0208058N 
JOINT HIGH SPEED VESSEL (JHSV) ..................................
8,431 
8,431 
188 
0301303N 
MARITIME INTELLIGENCE ..................................................
[ ] 
[ ] 
189 
0301323N 
COLLECTION MANAGEMENT .............................................
[ ] 
[ ] 
190 
0301327N 
TECHNICAL RECONNAISSANCE AND SURVEILLANCE 
[ ] 
[ ] 
191 
0301372N 
CYBER SECURITY INITIATIVE—GDIP ...............................
[ ] 
[ ] 
VerDate Nov 24 2008 
08:02 Sep 19, 2011
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123 STAT. 2769 
PUBLIC LAW 111–84—OCT. 28, 2009 
RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 
(In Thousands of Dollars) 
Line 
Program 
Element 
Item 
FY 2010 
Request 
Conference 
Authorized 
192 
0303109N 
SATELLITE COMMUNICATIONS (SPACE) .........................
474,009 
474,009 
193 
0303138N 
CONSOLIDATED 
AFLOAT 
NETWORK 
ENTERPRISE 
SERVICES (CANES).
45,513 
45,513 
194 
0303140N 
INFORMATION SYSTEMS SECURITY PROGRAM ............
24,226 
24,226 
195 
0303158M 
JOINT COMMAND AND CONTROL PROGRAM (JC2) .......
2,453 
2,453 
196 
0303158N 
JOINT COMMAND AND CONTROL PROGRAM (JC2) .......
4,139 
4,139 
197 
0305149N 
COBRA JUDY ...........................................................................
62,061 
62,061 
198 
0305160N 
NAVY METEOROLOGICAL AND OCEAN SENSORS- 
SPACE (METOC).
28,094 
28,094 
199 
0305192N 
MILITARY INTELLIGENCE PROGRAM (MIP) ACTIVI-
TIES.
4,600 
4,600 
200 
0305204N 
TACTICAL UNMANNED AERIAL VEHICLES ....................
8,971 
8,971 
201 
0305205N 
ENDURANCE UNMANNED AERIAL VEHICLES 
202 
0305206N 
AIRBORNE RECONNAISSANCE SYSTEMS ........................
46,208 
46,208 
203 
0305207N 
MANNED RECONNAISSANCE SYSTEMS ...........................
22,599 
22,599 
204 
0305208N 
DISTRIBUTED COMMON GROUND/SURFACE SYSTEMS 
18,079 
18,079 
205 
0305220N 
RQ–4 UAV .................................................................................
465,839 
465,839 
206 
0305231N 
MQ–8 UAV ................................................................................
25,639 
25,639 
207 
0305232M 
RQ–11 UAV ...............................................................................
553 
553 
208 
0305233N 
RQ–7 UAV .................................................................................
986 
986 
209 
0305234M 
SMALL (LEVEL 0) TACTICAL UAS (STUASL0) ..................
18,763 
18,763 
210 
0305234N 
SMALL (LEVEL 0) TACTICAL UAS (STUASL0) ..................
23,594 
23,594 
211 
0307207N 
AERIAL COMMON SENSOR (ACS) 
212 
0307217N 
EP–3E REPLACEMENT (EPX) ...............................................
11,976 
11,976 
213 
0308601N 
MODELING AND SIMULATION SUPPORT ........................
8,028 
8,028 
214 
0702207N 
DEPOT MAINTENANCE (NON-IF) .......................................
14,675 
14,675 
215 
0702239N 
AVIONICS COMPONENT IMPROVEMENT PROGRAM ....
2,725 
2,725 
216 
0708011N 
INDUSTRIAL PREPAREDNESS ............................................
56,691 
66,691 
Integrated manufacturing enterprise ..................................
[5,000] 
Life extension of weapon system structures research ........
[2,500] 
Laser Optimization Remote Lighting Systems ...................
[2,500] 
217 
0708730N 
MARITIME TECHNOLOGY (MARITECH) ............................
4,000 
National Shipbuilding Research Program ...........................
[4,000] 
999 
9999999 
OTHER PROGRAMS ................................................................
1,258,018 
1,258,018 
SUBTOTAL, OPERATIONAL SYSTEMS DEVELOP-
MENT, RDT&E.
4,302,584 
4,313,263 
TOTAL, RDT&E NAVY ..........................................................
19,270,932 
19,607,161 
RESEARCH, DEVELOPMENT, TEST & EVALUATION, 
AIR FORCE 
BASIC RESEARCH 
001 
0601102F 
DEFENSE RESEARCH SCIENCES .......................................
321,028 
322,028 
Coal transformation research ...............................................
[1,000] 
002 
0601103F 
UNIVERSITY RESEARCH INITIATIVES .............................
132,249 
138,449 
Cybersecurity for control networks research ......................
[1,700] 
End-user software safeguard research ................................
[2,000] 
Informatics research ..............................................................
[1,000] 
Information security research ..............................................
[1,500] 
003 
0601108F 
HIGH ENERGY LASER RESEARCH INITIATIVES ............
12,834 
12,834 
004 
0301555F 
CLASSIFIED PROGRAMS ......................................................
[ ] 
[ ] 
005 
0301556F 
SPECIAL PROGRAM ...............................................................
[ ] 
[ ] 
SUBTOTAL, BASIC RESEARCH, AIR FORCE ...............
466,111 
473,311 
APPLIED RESEARCH 
006 
0602015F 
MEDICAL DEVELOPMENT ...................................................
007 
0602102F 
MATERIALS ..............................................................................
127,957 
136,957 
Advanced aerospace heat exchangers ..................................
[3,000] 
Energy and automation technologies ...................................
[2,000] 
Energy efficiency, recovery, and generation systems .........
[1,000] 
Health monitoring sensors for aerospace components .......
[2,000] 
Mid-infrared laser source research ......................................
[1,000] 
008 
0602201F 
AEROSPACE VEHICLE TECHNOLOGIES ...........................
127,129 
136,529 
VerDate Nov 24 2008 
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123 STAT. 2770 
PUBLIC LAW 111–84—OCT. 28, 2009 
RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 
(In Thousands of Dollars) 
Line 
Program 
Element 
Item 
FY 2010 
Request 
Conference 
Authorized 
Unmanned aerial system collaboration technologies ..........
[2,500] 
UAV Sensor and Maintenance Development ......................
[4,900] 
Unmanned Sense, Track, and Avoid Radar ........................
[2,000] 
009 
0602202F 
HUMAN EFFECTIVENESS APPLIED RESEARCH ............
85,122 
85,122 
010 
0602203F 
AEROSPACE PROPULSION ...................................................
196,529 
210,029 
Hybrid bearing development ................................................
[1,000] 
Integrated electrical starter/generator systems ..................
[2,000] 
Lithium ion technologies for aviation batteries ..................
[1,500] 
Thermally efficient engine pumping system .......................
[2,000] 
Advanced Lithium Battery Scale-Up and Manufacturing
[2,000] 
Advanced Vehicle Propulsion Center (AVPC) .....................
[3,000] 
Multi-Mode Propulsion Phase IIA: High Performance 
Green Propellant.
[2,000] 
011 
0602204F 
AEROSPACE SENSORS ..........................................................
121,768 
126,568 
Net-Centric Sensor Grids ......................................................
[3,000] 
Information Quality Tools for Persistent Survelliance 
Data Sets.
[1,800] 
012 
0602601F 
SPACE TECHNOLOGY ...........................................................
104,148 
113,248 
Reconfigurable electronics research .....................................
[1,000] 
Seismic research program .....................................................
[5,000] 
Advanced Modular Avionics for ORS Use ...........................
[3,100] 
013 
0602602F 
CONVENTIONAL MUNITIONS .............................................
58,289 
58,289 
014 
0602605F 
DIRECTED ENERGY TECHNOLOGY ...................................
105,677 
101,427 
Chemical laser technology ....................................................
[–4,250] 
015 
0602702F 
COMMAND CONTROL AND COMMUNICATIONS 
016 
0602788F 
DOMINANT INFORMATION SCIENCES AND METHODS 
115,278 
115,278 
017 
0602890F 
HIGH ENERGY LASER RESEARCH .....................................
52,754 
48,654 
Advanced deformable mirrors for high energy laser weap-
ons.
[2,000] 
Chemical laser technology ....................................................
[–6,100] 
SUBTOTAL, APPLIED RESEARCH, AIR FORCE ..........
1,094,651 
1,132,101 
ADVANCED TECHNOLOGY DEVELOPMENT 
018 
0603112F 
ADVANCED MATERIALS FOR WEAPON SYSTEMS .........
37,901 
54,201 
Sewage-derived biofuels program .........................................
[4,800] 
Metals Affordability Initiative ..............................................
[10,000] 
Rapid 
Automated 
Processing 
of 
Advances 
Low 
Observables.
[1,500] 
019 
0603199F 
SUSTAINMENT SCIENCE AND TECHNOLOGY (S&T) .....
2,955 
2,955 
020 
0603203F 
ADVANCED AEROSPACE SENSORS ...................................
51,482 
53,482 
Reconfigurable secure computing technologies ...................
[2,000] 
021 
0603211F 
AEROSPACE TECHNOLOGY DEV/DEMO ...........................
76,844 
81,844 
Long Loiter, Load Bearing Antenna Platform for Perva-
sive Airborne Intelligence.
[5,000] 
022 
0603216F 
AEROSPACE 
PROPULSION 
AND 
POWER 
TECH-
NOLOGY.
175,676 
198,676 
Alternative energy research .................................................
[20,000] 
Silicon carbide power electronics research ..........................
[3,000] 
023 
0603231F 
CREW 
SYSTEMS 
AND 
PERSONNEL 
PROTECTION 
TECHNOLOGY.
024 
0603270F 
ELECTRONIC COMBAT TECHNOLOGY .............................
31,021 
31,021 
025 
0603401F 
ADVANCED SPACECRAFT TECHNOLOGY ........................
83,909 
86,909 
Small Responsive Spacecraft at Low-Cost (SRSL) .............
[3,000] 
026 
0603444F 
MAUI SPACE SURVEILLANCE SYSTEM (MSSS) ..............
5,813 
5,813 
027 
0603456F 
HUMAN EFFECTIVENESS ADVANCED TECHNOLOGY 
DEVELOPMENT.
24,565 
24,565 
028 
0603601F 
CONVENTIONAL WEAPONS TECHNOLOGY ....................
14,356 
14,356 
029 
0603605F 
ADVANCED WEAPONS TECHNOLOGY ..............................
30,056 
30,056 
030 
0603680F 
MANUFACTURING TECHNOLOGY PROGRAM .................
39,913 
45,163 
Next generation casting initiative ........................................
[3,250] 
Production of Nanocomposites for Aerospace Applications 
[2,000] 
031 
0603788F 
BATTLESPACE KNOWLEDGE DEVELOPMENT AND 
DEMONSTRATION.
39,708 
46,208 
Optical interconnects research .............................................
[2,500] 
Cyber Attack and Security Environment ............................
[4,000] 
032 
0603789F 
C3I ADVANCED DEVELOPMENT 
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123 STAT. 2771 
PUBLIC LAW 111–84—OCT. 28, 2009 
RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 
(In Thousands of Dollars) 
Line 
Program 
Element 
Item 
FY 2010 
Request 
Conference 
Authorized 
033 
0603924F 
HIGH ENERGY LASER ADVANCED TECHNOLOGY 
PROGRAM.
3,831 
3,831 
SUBTOTAL, ADVANCED TECHNOLOGY DEVELOP-
MENT, AIR FORCE.
618,030 
679,080 
ADVANCED COMPONENT DEVELOPMENT & PRO-
TOTYPES 
034 
0603260F 
INTELLIGENCE ADVANCED DEVELOPMENT .................
5,009 
5,009 
035 
0603287F 
PHYSICAL SECURITY EQUIPMENT ...................................
3,623 
3,623 
036 
0603421F 
NAVSTAR GLOBAL POSITIONING SYSTEM III 
037 
0603423F 
GLOBAL POSITIONING SYSTEM III—OPERATIONAL 
CONTROL SEGMENT 
038 
0603430F 
ADVANCED EHF MILSATCOM (SPACE) .............................
464,335 
464,335 
039 
0603432F 
POLAR MILSATCOM (SPACE) ...............................................
253,150 
253,150 
040 
0603438F 
SPACE CONTROL TECHNOLOGY ........................................
97,701 
102,701 
Space situational awareness .................................................
[5,000] 
041 
0603742F 
COMBAT IDENTIFICATION TECHNOLOGY ......................
27,252 
27,252 
042 
0603790F 
NATO RESEARCH AND DEVELOPMENT ...........................
4,351 
4,351 
043 
0603791F 
INTERNATIONAL SPACE COOPERATIVE R&D ................
632 
632 
044 
0603845F 
TRANSFORMATIONAL SATCOM (TSAT) 
045 
0603850F 
INTEGRATED BROADCAST SERVICE ................................
20,739 
20,739 
046 
0603851F 
INTERCONTINENTAL BALLISTIC MISSILE .....................
66,079 
66,079 
047 
0603854F 
WIDEBAND GLOBAL SATCOM RDT&E (SPACE) ..............
70,956 
70,956 
048 
0603859F 
POLLUTION PREVENTION ...................................................
2,896 
2,896 
049 
0603860F 
JOINT PRECISION APPROACH AND LANDING SYS-
TEMS.
23,174 
23,174 
050 
0604015F 
NEXT GENERATION BOMBER 
051 
0604283F 
BATTLE MGMT COM & CTRL SENSOR DEVELOPMENT 
22,612 
22,612 
052 
0604327F 
HARD AND DEEPLY BURIED TARGET DEFEAT SYS-
TEM (HDBTDS) PROGRAM.
20,891 
20,891 
053 
0604330F 
JOINT DUAL ROLE AIR DOMINANCE MISSILE ...............
6,882 
6,882 
054 
0604337F 
REQUIREMENTS ANALYSIS AND MATURATION ............
35,533 
35,533 
055 
0604635F 
GROUND ATTACK WEAPONS FUZE DEVELOPMENT ....
18,778 
18,778 
056 
0604796F 
ALTERNATIVE FUELS ...........................................................
89,020 
91,020 
Advanced Propulsion Non-Tactical Vehicle .........................
[2,000] 
057 
0604830F 
AUTOMATED AIR-TO-AIR REFUELING .............................
43,158 
43,158 
058 
0604856F 
COMMON AERO VEHICLE (CAV) 
059 
0604857F 
OPERATIONALLY RESPONSIVE SPACE ............................
112,861 
112,861 
060 
0604858F 
TECH TRANSITION PROGRAM ............................................
9,611 
9,611 
061 
0305178F 
NATIONAL POLAR-ORBITING OPERATIONAL ENVI-
RONMENTAL SATELLITE SYSTEM (NPOESS).
396,641 
396,641 
061a 
604xxxxF 
NEXT GENERATION MILSATCOM TECHNOLOGY DE-
VELOPMENT.
50,000 
Next generation MILSATCOM technology development ...
[50,000] 
SUBTOTAL, ADVANCED COMPONENT DEVELOP-
MENT & PROTOTYPES, AIR FORCE.
1,795,884 
1,852,884 
SYSTEM DEVELOPMENT & DEMONSTRATION 
062 
0603840F 
GLOBAL BROADCAST SERVICE (GBS) ...............................
31,124 
31,124 
063 
0604222F 
NUCLEAR WEAPONS SUPPORT ..........................................
37,860 
37,860 
064 
0604226F 
B–1B ...........................................................................................
065 
0604233F 
SPECIALIZED UNDERGRADUATE FLIGHT TRAINING ..
6,227 
6,227 
066 
0604240F 
B–2 ADVANCED TECHNOLOGY BOMBER .........................
12,000 
Advanced Data Link ..............................................................
[12,000] 
067 
0604261F 
PERSONNEL RECOVERY SYSTEMS 
068 
0604270F 
ELECTRONIC WARFARE DEVELOPMENT ........................
97,275 
97,275 
069 
0604281F 
TACTICAL DATA NETWORKS ENTERPRISE ....................
88,444 
88,444 
070 
0604287F 
PHYSICAL SECURITY EQUIPMENT ...................................
50 
50 
071 
0604329F 
SMALL DIAMETER BOMB (SDB) .........................................
153,815 
153,815 
072 
0604421F 
COUNTERSPACE SYSTEMS ..................................................
64,248 
64,248 
073 
0604425F 
SPACE SITUATION AWARENESS SYSTEMS .....................
308,134 
271,434 
SBSS follow-on—program delay ...........................................
[–36,700] 
074 
0604429F 
AIRBORNE ELECTRONIC ATTACK .....................................
11,107 
11,107 
075 
0604441F 
SPACE BASED INFRARED SYSTEM (SBIRS) HIGH EMD 
512,642 
512,642 
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123 STAT. 2772 
PUBLIC LAW 111–84—OCT. 28, 2009 
RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 
(In Thousands of Dollars) 
Line 
Program 
Element 
Item 
FY 2010 
Request 
Conference 
Authorized 
076 
0604443F 
THIRD 
GENERATION 
INFRARED 
SURVEILLANCE 
(3GIRS).
143,169 
143,169 
077 
0604602F 
ARMAMENT/ORDNANCE DEVELOPMENT ........................
18,671 
18,671 
078 
0604604F 
SUBMUNITIONS ......................................................................
1,784 
1,784 
079 
0604617F 
AGILE COMBAT SUPPORT ...................................................
11,261 
12,261 
Backpack Medical Oxygen System .......................................
[1,000] 
080 
0604706F 
LIFE SUPPORT SYSTEMS .....................................................
10,711 
13,111 
ACES 5 Ejection Seat ............................................................
[2,400] 
081 
0604735F 
COMBAT TRAINING RANGES ..............................................
29,718 
29,718 
082 
0604740F 
INTEGRATED COMMAND & CONTROL APPLICATIONS 
(IC2A).
10 
4,010 
Distributed Mission Interoperability Toolkit (DMIT) .........
[4,000] 
083 
0604750F 
INTELLIGENCE EQUIPMENT ..............................................
1,495 
1,495 
084 
0604800F 
JOINT STRIKE FIGHTER (JSF) ............................................
1,858,055 
2,073,055 
F136 Engine Development ....................................................
[215,000] 
085 
0604851F 
INTERCONTINENTAL BALLISTIC MISSILE .....................
60,010 
60,010 
086 
0604853F 
EVOLVED EXPENDABLE LAUNCH VEHICLE PRO-
GRAM (SPACE).
26,545 
26,545 
087 
0605011F 
RDT&E FOR AGING AIRCRAFT 
088 
0605221F 
NEXT GENERATION AERIAL REFUELING AIRCRAFT ...
439,615 
439,615 
089 
0605277F 
CSAR-X RDT&E ........................................................................
89,975 
0 
Use available prior year funds .............................................
[–89,975] 
090 
0605278F 
HC/MC–130 RECAP RDT&E ...................................................
20,582 
20,582 
091 
0605452F 
JOINT SIAP EXECUTIVE PROGRAM OFFICE ...................
34,877 
34,877 
092 
0207434F 
LINK–16 SUPPORT AND SUSTAINMENT 
093 
0207450F 
E–10 SQUADRONS 
094 
0207451F 
SINGLE INTEGRATED AIR PICTURE (SIAP) .....................
13,466 
13,466 
095 
0207701F 
FULL COMBAT MISSION TRAINING ..................................
99,807 
99,807 
096 
0305176F 
COMBAT SURVIVOR EVADER LOCATOR 
097 
0401138F 
JOINT CARGO AIRCRAFT (JCA) ..........................................
9,353 
9,353 
098 
0401318F 
CV–22 .........................................................................................
19,640 
19,640 
099 
0401845F 
AIRBORNE SENIOR LEADER C3 (SLC3S) ..........................
20,056 
20,056 
SUBTOTAL, 
SYSTEM 
DEVELOPMENT 
& 
DEM-
ONSTRATION, AIR FORCE.
4,219,726 
4,327,451 
RDT&E MANAGEMENT SUPPORT 
100 
0604256F 
THREAT SIMULATOR DEVELOPMENT ..............................
27,789 
27,789 
101 
0604759F 
MAJOR T&E INVESTMENT ...................................................
60,824 
68,324 
Holloman High Speed Test Track ........................................
[5,000] 
Eglin AFB Range Operations Control Center .....................
[2,500] 
102 
0605101F 
RAND PROJECT AIR FORCE ................................................
27,501 
27,501 
103 
0605502F 
SMALL BUSINESS INNOVATION RESEARCH 
104 
0605712F 
INITIAL OPERATIONAL TEST & EVALUATION ...............
25,833 
25,833 
105 
0605807F 
TEST AND EVALUATION SUPPORT ...................................
736,488 
755,788 
Program increase ...................................................................
[19,300] 
106 
0605860F 
ROCKET SYSTEMS LAUNCH PROGRAM (SPACE) ...........
14,637 
14,637 
107 
0605864F 
SPACE TEST PROGRAM (STP) ..............................................
47,215 
47,215 
108 
0605976F 
FACILITIES RESTORATION AND MODERNIZATION— 
TEST AND EVALUATION SUPPORT.
52,409 
52,409 
109 
0605978F 
FACILITIES SUSTAINMENT—TEST AND EVALUATION 
SUPPORT.
29,683 
29,683 
110 
0702806F 
ACQUISITION AND MANAGEMENT SUPPORT ................
18,947 
18,947 
111 
0804731F 
GENERAL SKILL TRAINING ................................................
1,450 
1,450 
112 
0909999F 
FINANCING FOR CANCELLED ACCOUNT ADJUST-
MENTS 
113 
1001004F 
INTERNATIONAL ACTIVITIES .............................................
3,748 
3,748 
SUBTOTAL, RDT&E MANAGEMENT SUPPORT, AIR 
FORCE.
1,046,524 
1,073,324 
OPERATIONAL SYSTEMS DEVELOPMENT 
114 
0604263F 
COMMON VERTICAL LIFT SUPPORT PLATFORM ..........
9,513 
9,513 
115 
0605024F 
ANTI-TAMPER TECHNOLOGY EXECUTIVE AGENCY .....
47,276 
47,276 
116 
0605798F 
ANALYSIS SUPPORT GROUP ...............................................
[ ] 
[ ] 
117 
0101113F 
B–52 SQUADRONS ..................................................................
93,930 
93,930 
118 
0101122F 
AIR-LAUNCHED CRUISE MISSILE (ALCM) .......................
3,652 
3,652 
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123 STAT. 2773 
PUBLIC LAW 111–84—OCT. 28, 2009 
RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 
(In Thousands of Dollars) 
Line 
Program 
Element 
Item 
FY 2010 
Request 
Conference 
Authorized 
119 
0101126F 
B–1B SQUADRONS ..................................................................
148,025 
177,025 
Transferred from APAF Line 28 ..........................................
[29,000] 
120 
0101127F 
B–2 SQUADRONS ....................................................................
415,414 
415,414 
121 
0101313F 
STRAT WAR PLANNING SYSTEM—USSTRATCOM ..........
33,836 
33,836 
122 
0101314F 
NIGHT FIST—USSTRATCOM ................................................
5,328 
5,328 
123 
0101815F 
ADVANCED STRATEGIC PROGRAMS .................................
[ ] 
[ ] 
124 
0102325F 
ATMOSPHERIC EARLY WARNING SYSTEM .....................
9,832 
9,832 
125 
0102326F 
REGION/SECTOR 
OPERATION 
CONTROL 
CENTER 
MODERNIZATION PROGRAM.
25,734 
25,734 
126 
0102823F 
STRATEGIC AEROSPACE INTELLIGENCE SYSTEM AC-
TIVITIES.
18 
18 
127 
0203761F 
WARFIGHTER RAPID ACQUISITION PROCESS (WRAP) 
RAPID TRANSITION FUND.
11,996 
11,996 
128 
0205219F 
MQ–9 UAV ................................................................................
39,245 
39,245 
129 
0207040F 
MULTI-PLATFORM ELECTRONIC WARFARE EQUIP-
MENT.
14,747 
14,747 
130 
0207131F 
A–10 SQUADRONS ..................................................................
9,697 
9,697 
131 
0207133F 
F–16 SQUADRONS ..................................................................
141,020 
141,020 
132 
0207134F 
F–15E SQUADRONS ................................................................
311,167 
312,167 
Corrosion Detection and Visualization Program ................
[1,000] 
133 
0207136F 
MANNED DESTRUCTIVE SUPPRESSION ..........................
10,748 
10,748 
134 
0207138F 
F–22A SQUADRONS ................................................................
569,345 
569,345 
135 
0207161F 
TACTICAL AIM MISSILES .....................................................
5,915 
5,915 
136 
0207163F 
ADVANCED MEDIUM RANGE AIR-TO-AIR MISSILE 
(AMRAAM).
49,971 
49,971 
137 
0207170F 
JOINT HELMET MOUNTED CUEING SYSTEM (JHMCS) 
2,529 
2,529 
138 
0207227F 
COMBAT RESCUE—PARARESCUE .....................................
2,950 
2,950 
139 
0207247F 
AF TENCAP ..............................................................................
11,643 
11,643 
140 
0207249F 
PRECISION ATTACK SYSTEMS PROCUREMENT ............
2,950 
2,950 
141 
0207253F 
COMPASS CALL ......................................................................
13,019 
13,019 
142 
0207268F 
AIRCRAFT 
ENGINE 
COMPONENT 
IMPROVEMENT 
PROGRAM.
166,563 
154,563 
F135 Engine—Early to need .................................................
[–12,000] 
143 
0207277F 
CSAF INNOVATION PROGRAM ............................................
4,621 
4,621 
144 
0207325F 
JOINT AIR-TO-SURFACE STANDOFF MISSILE (JASSM) 
29,494 
29,494 
145 
0207410F 
AIR & SPACE OPERATIONS CENTER (AOC) .....................
99,405 
99,405 
146 
0207412F 
CONTROL AND REPORTING CENTER (CRC) ....................
52,508 
52,508 
147 
0207417F 
AIRBORNE 
WARNING 
AND 
CONTROL 
SYSTEM 
(AWACS).
176,040 
176,040 
148 
0207418F 
TACTICAL AIRBORNE CONTROL SYSTEMS 
149 
0207423F 
ADVANCED COMMUNICATIONS SYSTEMS ......................
63,782 
63,782 
150 
0207424F 
EVALUATION AND ANALYSIS PROGRAM ........................
[ ] 
[ ] 
151 
0207431F 
COMBAT AIR INTELLIGENCE SYSTEM ACTIVITIES ......
1,475 
1,475 
152 
0207438F 
THEATER BATTLE MANAGEMENT (TBM) C4I .................
19,067 
19,067 
153 
0207445F 
FIGHTER TACTICAL DATA LINK ........................................
72,106 
72,106 
154 
0207446F 
BOMBER TACTICAL DATA LINK 
155 
0207448F 
C2ISR TACTICAL DATA LINK ..............................................
1,667 
1,667 
156 
0207449F 
COMMAND AND CONTROL (C2) CONSTELLATION ........
26,792 
26,792 
157 
0207581F 
JOINT SURVEILLANCE/TARGET ATTACK RADAR SYS-
TEM (JSTARS).
140,670 
140,670 
158 
0207590F 
SEEK EAGLE ...........................................................................
22,071 
22,071 
159 
0207601F 
USAF MODELING AND SIMULATION ................................
27,245 
27,245 
160 
0207605F 
WARGAMING AND SIMULATION CENTERS .....................
7,018 
7,018 
161 
0207697F 
DISTRIBUTED TRAINING AND EXERCISES .....................
6,740 
6,740 
162 
0208006F 
MISSION PLANNING SYSTEMS ...........................................
91,995 
91,995 
163 
0208021F 
INFORMATION WARFARE SUPPORT .................................
12,271 
12,271 
164 
0208161F 
SPECIAL EVALUATION SYSTEM ........................................
[ ] 
[ ] 
165 
0301310F 
NATIONAL AIR INTELLIGENCE CENTER .........................
[ ] 
[ ] 
Open Source Research Centers ............................................
[1,000] 
166 
0301314F 
COBRA BALL ............................................................................
[ ] 
[ ] 
167 
0301315F 
MISSILE AND SPACE TECHNICAL COLLECTION ...........
[ ] 
[ ] 
168 
0301324F 
FOREST GREEN ......................................................................
[ ] 
[ ] 
169 
0301386F 
GDIP COLLECTION MANAGEMENT ...................................
[ ] 
[ ] 
170 
0302015F 
E–4B NATIONAL AIRBORNE OPERATIONS CENTER 
(NAOC).
26,107 
26,107 
171 
0303112F 
AIR FORCE COMMUNICATIONS (AIRCOM) 
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MCNODE
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123 STAT. 2774 
PUBLIC LAW 111–84—OCT. 28, 2009 
RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 
(In Thousands of Dollars) 
Line 
Program 
Element 
Item 
FY 2010 
Request 
Conference 
Authorized 
172 
0303131F 
MINIMUM ESSENTIAL EMERGENCY COMMUNICA-
TIONS NETWORK (MEECN).
72,694 
72,694 
173 
0303140F 
INFORMATION SYSTEMS SECURITY PROGRAM ............
196,621 
196,621 
174 
0303141F 
GLOBAL COMBAT SUPPORT SYSTEM ...............................
3,375 
3,375 
175 
0303150F 
GLOBAL COMMAND AND CONTROL SYSTEM .................
3,149 
3,149 
176 
0303158F 
JOINT COMMAND AND CONTROL PROGRAM (JC2) .......
3,087 
3,087 
177 
0303601F 
MILSATCOM TERMINALS .....................................................
257,693 
257,693 
179 
0304260F 
AIRBORNE SIGINT ENTERPRISE ........................................
176,989 
176,989 
180 
0304311F 
SELECTED ACTIVITIES .........................................................
[ ] 
[ ] 
181 
0304348F 
ADVANCED GEOSPATIAL INTELLIGENCE (AGI) ............
[ ] 
[ ] 
Advanced Technical Intelligence Center .............................
[6,500] 
182 
0305099F 
GLOBAL AIR TRAFFIC MANAGEMENT (GATM) ...............
6,028 
6,028 
183 
0305103F 
CYBER SECURITY INITIATIVE ............................................
2,065 
2,065 
184 
0305110F 
SATELLITE CONTROL NETWORK (SPACE) ......................
20,991 
20,991 
185 
0305111F 
WEATHER SERVICE ...............................................................
33,531 
33,531 
186 
0305114F 
AIR TRAFFIC CONTROL, APPROACH, AND LANDING 
SYSTEM (ATCALS).
9,006 
9,006 
187 
0305116F 
AERIAL TARGETS ...................................................................
54,807 
54,807 
188 
0305124F 
SPECIAL APPLICATIONS PROGRAM ..................................
[ ] 
[ ] 
189 
0305127F 
FOREIGN COUNTERINTELLIGENCE ACTIVITIES ..........
[ ] 
[ ] 
190 
0305128F 
SECURITY AND INVESTIGATIVE ACTIVITIES .................
742 
742 
191 
0305142F 
APPLIED TECHNOLOGY AND INTEGRATION .................
[ ] 
[ ] 
192 
0305146F 
DEFENSE JOINT COUNTERINTELLIGENCE ACTIVI-
TIES.
39 
39 
194 
0305164F 
NAVSTAR GLOBAL POSITIONING SYSTEM (USER 
EQUIPMENT) (SPACE).
137,692 
137,692 
195 
0305165F 
NAVSTAR GLOBAL POSITIONING SYSTEM (SPACE 
AND CONTROL SEGMENTS).
52,039 
52,039 
196 
0305172F 
COMBINED ADVANCED APPLICATIONS ..........................
[ ] 
[ ] 
197 
0305173F 
SPACE AND MISSILE TEST AND EVALUATION CEN-
TER.
3,599 
3,599 
198 
0305174F 
SPACE WARFARE CENTER ..................................................
3,009 
3,009 
199 
0305182F 
SPACELIFT RANGE SYSTEM (SPACE) ...............................
9,957 
9,957 
200 
0305193F 
INTELLIGENCE SUPPORT TO INFORMATION OPER-
ATIONS (IO).
1,240 
1,240 
201 
0305202F 
DRAGON U–2 
202 
0305205F 
ENDURANCE UNMANNED AERIAL VEHICLES ...............
73,736 
38,736 
ISIS .........................................................................................
[–35,000] 
203 
0305206F 
AIRBORNE RECONNAISSANCE SYSTEMS ........................
143,892 
145,892 
GORGON STARE ..................................................................
Multiple UAS Cooperative Concentrated Observation and 
Engagement Against a Common Ground Objective.
[2,000] 
204 
0305207F 
MANNED RECONNAISSANCE SYSTEMS ...........................
12,846 
15,346 
Rivet Joint Services Oriented Architecture (SOA) .............
[2,500] 
205 
0305208F 
DISTRIBUTED COMMON GROUND/SURFACE SYSTEMS 
82,765 
82,765 
206 
0305219F 
MQ–1 PREDATOR A UAV .......................................................
18,101 
22,101 
Sense and avoid .....................................................................
[4,000] 
207 
0305220F 
RQ–4 UAV .................................................................................
317,316 
317,316 
208 
0305221F 
NETWORK-CENTRIC COLLABORATIVE TARGETING ....
8,160 
8,160 
209 
0305265F 
GPS III SPACE SEGMENT .....................................................
815,095 
717,695 
GPS Control Segment (OCX) ................................................
[–97,400] 
210 
0305614F 
JSPOC MISSION SYSTEM .....................................................
131,271 
137,271 
Karnac ....................................................................................
[6,000] 
211 
0305887F 
INTELLIGENCE SUPPORT TO INFORMATION WAR-
FARE.
5,267 
5,267 
212 
0305906F 
NCMC—TW/AA SYSTEM 
213 
0305913F 
NUDET DETECTION SYSTEM (SPACE) ..............................
84,021 
84,021 
214 
0305924F 
NATIONAL SECURITY SPACE OFFICE ..............................
10,634 
10,634 
215 
0305940F 
SPACE SITUATION AWARENESS OPERATIONS ..............
54,648 
54,648 
216 
0307141F 
INFORMATION OPERATIONS TECHNOLOGY INTE-
GRATION & TOOL DEVELOPMENT.
30,076 
30,076 
217 
0308699F 
SHARED EARLY WARNING (SEW) ......................................
3,082 
3,082 
218 
0401115F 
C–130 AIRLIFT SQUADRON ..................................................
201,250 
201,250 
219 
0401119F 
C–5 AIRLIFT SQUADRONS (IF) ............................................
95,266 
95,266 
220 
0401130F 
C–17 AIRCRAFT (IF) ...............................................................
161,855 
161,855 
221 
0401132F 
C–130J PROGRAM ...................................................................
30,019 
30,019 
222 
0401134F 
LARGE AIRCRAFT IR COUNTERMEASURES (LAIRCM)
31,784 
31,784 
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123 STAT. 2775 
PUBLIC LAW 111–84—OCT. 28, 2009 
RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 
(In Thousands of Dollars) 
Line 
Program 
Element 
Item 
FY 2010 
Request 
Conference 
Authorized 
223 
0401218F 
KC–135S ....................................................................................
10,297 
10,297 
224 
0401219F 
KC–10S ......................................................................................
35,586 
35,586 
225 
0401221F 
KC–135 TANKER REPLACEMENT 
226 
0401314F 
OPERATIONAL SUPPORT AIRLIFT .....................................
4,916 
4,916 
227 
0401839F 
AIR MOBILITY TACTICAL DATA LINK 
228 
0408011F 
SPECIAL TACTICS / COMBAT CONTROL ...........................
8,222 
8,222 
229 
0702207F 
DEPOT MAINTENANCE (NON-IF) .......................................
1,508 
1,508 
230 
0702976F 
FACILITIES RESTORATION & MODERNIZATION—LO-
GISTICS 
231 
0708011F 
INDUSTRIAL PREPAREDNESS ............................................
2,000 
Wire Integrity Technology ....................................................
[2,000] 
232 
0708610F 
LOGISTICS INFORMATION TECHNOLOGY (LOGIT) .......
246,483 
246,483 
233 
0708611F 
SUPPORT SYSTEMS DEVELOPMENT ................................
6,288 
8,288 
ALC Logistics Integration Environment .............................
[2,000] 
234 
0804743F 
OTHER FLIGHT TRAINING ..................................................
805 
805 
235 
0804757F 
JOINT NATIONAL TRAINING CENTER ..............................
3,220 
3,220 
236 
0804772F 
TRAINING DEVELOPMENTS ................................................
1,769 
1,769 
237 
0808716F 
OTHER PERSONNEL ACTIVITIES .......................................
116 
116 
238 
0901202F 
JOINT PERSONNEL RECOVERY AGENCY ........................
6,376 
11,376 
Biometric signature and passive physiological monitoring 
[5,000] 
239 
0901212F 
SERVICE-WIDE 
SUPPORT 
(NOT 
OTHERWISE 
AC-
COUNTED FOR) 
240 
0901218F 
CIVILIAN COMPENSATION PROGRAM ..............................
8,174 
8,174 
241 
0901220F 
PERSONNEL ADMINISTRATION .........................................
10,492 
30,982 
DIMHRS—OSD requested transfer from RDDW, Line 117 
[20,490] 
242 
0901538F 
FINANCIAL MANAGEMENT INFORMATION SYSTEMS 
DEVELOPMENT.
55,991 
55,991 
999 
9999999 
OTHER PROGRAMS ................................................................
11,955,084 
12,137,084 
Program Increase ..................................................................
[172,500] 
Carbon Nanotube Enhanced Power Sources for Space ......
[2,000] 
SUBTOTAL, OPERATIONAL SYSTEMS DEVELOP-
MENT, AIR FORCE.
18,751,901 
18,863,491 
TOTAL, RDT&E AIR FORCE ..............................................
27,992,827 
28,401,642 
RESEARCH, DEVELOPMENT, TEST & EVALUATION, 
DEFENSE-WIDE 
BASIC RESEARCH 
001 
0601000BR 
DTRA BASIC RESEARCH INITIATIVE ................................
48,544 
48,544 
002 
0601101E 
DEFENSE RESEARCH SCIENCES .......................................
226,125 
226,125 
003 
0601111D8Z 
GOVERNMENT/INDUSTRY COSPONSORSHIP OF UNI-
VERSITY RESEARCH 
004 
0601114D8Z 
DEFENSE EXPERIMENTAL PROGRAM TO STIMULATE 
COMPETITIVE RESEARCH.
005 
0601120D8Z 
NATIONAL DEFENSE EDUCATION PROGRAM ................
89,980 
89,980 
006 
0601384BP 
CHEMICAL AND BIOLOGICAL DEFENSE PROGRAM .....
58,974 
64,874 
In-vitro models for bio-defense vaccines ..............................
[1,900] 
Synchrotron Beamline and Experimental Station ..............
[4,000] 
SUBTOTAL, BASIC RESEARCH, DEFENSE-WIDE .......
423,623 
429,523 
APPLIED RESEARCH 
007 
0602000D8Z 
JOINT MUNITIONS TECHNOLOGY ....................................
22,669 
18,961 
Partial Program Growth Reduction .....................................
[–3,708] 
008 
0602227D8Z 
MEDICAL FREE ELECTRON LASER 
009 
0602228D8Z 
HISTORICALLY BLACK COLLEGES AND UNIVER-
SITIES (HBCU) SCIENCE.
15,164 
20,164 
Historically Black Colleges and Universities and Minority 
Serving Institutions Program.
[5,000] 
010 
0602234D8Z 
LINCOLN LABORATORY RESEARCH PROGRAM .............
34,034 
34,034 
011 
0602303E 
INFORMATION & COMMUNICATIONS TECHNOLOGY ..
282,749 
272,749 
Program Reduction ................................................................
[–10,000] 
012 
0602304E 
COGNITIVE COMPUTING SYSTEMS ..................................
142,840 
142,840 
013 
0602383E 
BIOLOGICAL WARFARE DEFENSE ....................................
40,587 
40,587 
014 
0602384BP 
CHEMICAL AND BIOLOGICAL DEFENSE PROGRAM .....
209,072 
212,972 
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123 STAT. 2776 
PUBLIC LAW 111–84—OCT. 28, 2009 
RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 
(In Thousands of Dollars) 
Line 
Program 
Element 
Item 
FY 2010 
Request 
Conference 
Authorized 
Chemical and biological infrared detector ...........................
[1,900] 
Chemical and Biological Resistant Clothing .......................
[2,000] 
015 
0602663D8Z 
JOINT DATA MANAGEMENT ADVANCED DEVELOP-
MENT.
4,940 
4,940 
016 
0602670D8Z 
HUMAN, SOCIAL AND CULTURE BEHAVIOR MOD-
ELING (HSCB) APPLIED RESEARCH.
9,446 
9,446 
017 
0602702E 
TACTICAL TECHNOLOGY .....................................................
276,075 
266,075 
Program Reduction ................................................................
[–10,000] 
018 
0602715E 
MATERIALS AND BIOLOGICAL TECHNOLOGY ...............
268,859 
263,859 
Program Reduction ................................................................
[–5,000] 
019 
0602716E 
ELECTRONICS TECHNOLOGY .............................................
223,841 
213,841 
Program Reduction ................................................................
[–10,000] 
020 
0602718BR 
WEAPONS OF MASS DESTRUCTION DEFEAT TECH-
NOLOGIES.
219,130 
220,630 
Blast mitigation and protection ............................................
[1,500] 
021 
1160401BB 
SPECIAL OPERATIONS TECHNOLOGY DEVELOPMENT 
27,384 
27,384 
022 
1160407BB 
SOF MEDICAL TECHNOLOGY DEVELOPMENT 
SUBTOTAL, APPLIED RESEARCH, DEFENSE-WIDE
1,776,790 
1,748,482 
ADVANCED TECHNOLOGY DEVELOPMENT 
023 
0603000D8Z 
JOINT MUNITIONS ADVANCED TECHNOLOGY ..............
23,538 
16,754 
Partial Program Growth Reduction .....................................
[–6,784] 
024 
0603121D8Z 
SO/LIC ADVANCED DEVELOPMENT ..................................
43,808 
43,808 
025 
0603122D8Z 
COMBATING TERRORISM TECHNOLOGY SUPPORT .....
81,868 
92,368 
Reconnaissance and data exploitation systems ..................
[3,500] 
Affordable Robust Mid-Sized UGV .......................................
[2,000] 
Integrated Rugged Checkpoint Container ...........................
[2,500] 
Combating Terrorism: Threat and Risk Assessment .........
[2,500] 
026 
0603160BR 
COUNTERPROLIFERATION 
INITIATIVES—PRO-
LIFERATION PREVENTION AND DEFEAT.
233,203 
233,203 
027 
0603175C 
BALLISTIC MISSILE DEFENSE TECHNOLOGY ...............
109,760 
104,760 
General Reduction .................................................................
[–5,000] 
028 
0603200D8Z 
JOINT ADVANCED CONCEPTS ............................................
7,817 
7,817 
029 
0603225D8Z 
JOINT DOD-DOE MUNITIONS TECHNOLOGY DEVEL-
OPMENT.
23,276 
23,276 
030 
0603286E 
ADVANCED AEROSPACE SYSTEMS ...................................
338,360 
249,360 
Program Reduction ................................................................
[–89,000] 
031 
0603287E 
SPACE PROGRAMS AND TECHNOLOGY ...........................
200,612 
200,612 
032 
0603384BP 
CHEMICAL AND BIOLOGICAL DEFENSE PROGRAM— 
ADVANCED DEVELOPMENT.
282,235 
284,235 
Total Perimeter Surveillance ................................................
[2,000] 
033 
0603618D8Z 
JOINT ELECTRONIC ADVANCED TECHNOLOGY ...........
10,838 
10,838 
034 
0603648D8Z 
JOINT CAPABILITY TECHNOLOGY DEMONSTRATIONS 
198,352 
177,352 
JCTD new starts ....................................................................
[–25,000] 
High Accuracy Network Determination System—Intel-
ligent Optical Networks (HANDS-ION).
[2,000] 
Distributed Network Switching and Security .....................
[2,000] 
035 
0603662D8Z 
NETWORKED COMMUNICATIONS CAPABILITIES .........
28,212 
28,212 
036 
0603663D8Z 
JOINT DATA MANAGEMENT RESEARCH .........................
4,935 
4,935 
037 
0603665D8Z 
BIOMETRICS SCIENCE AND TECHNOLOGY ....................
10,993 
10,993 
038 
0603670D8Z 
HUMAN, SOCIAL AND CULTURE BEHAVIOR MOD-
ELING (HSCB) ADVANCED DEVELOPMENT.
11,480 
11,480 
039 
0603680D8Z 
DEFENSE-WIDE 
MANUFACTURING 
SCIENCE 
AND 
TECHNOLOGY PROGRAM.
14,638 
24,638 
High performance defense manufacturing technology .......
[10,000] 
040 
0603711D8Z 
JOINT ROBOTICS PROGRAM/AUTONOMOUS SYSTEMS 
9,110 
11,110 
Robotics training systems .....................................................
[2,000] 
041 
0603712S 
GENERIC 
LOGISTICS 
R&D 
TECHNOLOGY 
DEM-
ONSTRATIONS.
19,043 
33,643 
Biofuels program ...................................................................
[2,000] 
Biomass conversion research ................................................
[1,600] 
Fuel cell manufacturing research ........................................
[1,000] 
Vehicle fuel cell and hydrogen logistics program ...............
[8,000] 
Next Generation Manufacturing Technologies Initiative ...
[2,000] 
042 
0603713S 
DEPLOYMENT 
AND 
DISTRIBUTION 
ENTERPRISE 
TECHNOLOGY.
29,356 
29,356 
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123 STAT. 2777 
PUBLIC LAW 111–84—OCT. 28, 2009 
RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 
(In Thousands of Dollars) 
Line 
Program 
Element 
Item 
FY 2010 
Request 
Conference 
Authorized 
043 
0603716D8Z 
STRATEGIC ENVIRONMENTAL RESEARCH PROGRAM 
69,175 
69,175 
044 
0603720S 
MICROELECTRONICS TECHNOLOGY DEVELOPMENT 
AND SUPPORT.
26,310 
30,810 
Feature Size Yield Enhancement at DMEA’s Semiconduc-
tors Foundry.
[2,500] 
End to End Semi Fab Alpha Tool ........................................
[2,000] 
045 
0603727D8Z 
JOINT WARFIGHTING PROGRAM .......................................
11,135 
11,135 
046 
0603739E 
ADVANCED ELECTRONICS TECHNOLOGIES ..................
205,912 
190,912 
Program Reduction ................................................................
[–15,000] 
047 
0603745D8Z 
SYNTHETIC APERTURE RADAR (SAR) COHERENT 
CHANGE DETECTION (CDD).
4,864 
4,864 
048 
0603750D8Z 
ADVANCED CONCEPT TECHNOLOGY DEMONSTRA-
TIONS 
049 
0603755D8Z 
HIGH PERFORMANCE COMPUTING MODERNIZATION 
PROGRAM.
221,286 
224,286 
Computational design of novel materials ............................
[3,000] 
050 
0603760E 
COMMAND, CONTROL AND COMMUNICATIONS SYS-
TEMS.
293,476 
275,326 
CCC-CLS execution delays ...................................................
[–18,150] 
051 
0603764E 
LAND WARFARE TECHNOLOGY 
052 
0603765E 
CLASSIFIED DARPA PROGRAMS ........................................
186,526 
186,526 
053 
0603766E 
NETWORK-CENTRIC WARFARE TECHNOLOGY ..............
135,941 
135,941 
054 
0603767E 
SENSOR TECHNOLOGY ........................................................
243,056 
218,056 
Program Reduction ................................................................
[–15,000] 
SEN-CLS execution delays ...................................................
[–10,000] 
055 
0603768E 
GUIDANCE TECHNOLOGY ...................................................
37,040 
37,040 
056 
0603769SE 
DISTRIBUTED LEARNING ADVANCED TECHNOLOGY 
DEVELOPMENT.
13,822 
13,822 
057 
0603781D8Z 
SOFTWARE ENGINEERING INSTITUTE ............................
31,298 
31,298 
058 
0603805S 
DUAL USE TECHNOLOGY 
059 
0603826D8Z 
QUICK REACTION SPECIAL PROJECTS ............................
107,984 
94,484 
Quick Reaction Fund .............................................................
[–15,000] 
Special warfare domain awareness ......................................
[1,500] 
060 
0603828D8Z 
JOINT EXPERIMENTATION .................................................
124,480 
122,180 
Tidewater Full Scale Exercise ..............................................
[2,700] 
National Center for Small Unit Excellence .........................
[–5,000] 
061 
0603832D8Z 
DOD MODELING AND SIMULATION MANAGEMENT 
OFFICE.
38,505 
38,505 
062 
0603941D8Z 
TEST & EVALUATION SCIENCE & TECHNOLOGY .........
95,734 
95,734 
063 
0603942D8Z 
TECHNOLOGY TRANSFER ...................................................
2,219 
5,219 
National Radio Frequency RD&T Transfer Center ............
[3,000] 
064 
0909999D8Z 
FINANCING FOR CANCELLED ACCOUNT ADJUST-
MENTS 
065 
1160402BB 
SPECIAL OPERATIONS ADVANCED TECHNOLOGY DE-
VELOPMENT.
31,675 
36,775 
Lithium ion battery safety research ....................................
[1,600] 
Partnership for Defense Innovation Wi-Fi Laboratory 
Testing and Assessment Center.
[3,500] 
066 
1160422BB 
AVIATION ENGINEERING ANALYSIS ................................
3,544 
3,544 
067 
1160472BB 
SOF INFORMATION AND BROADCAST SYSTEMS AD-
VANCED TECHNOLOGY.
4,988 
4,988 
SUBTOTAL, ADVANCED TECHNOLOGY DEVELOP-
MENT, DEFENSE-WIDE.
3,570,404 
3,429,370 
ADVANCED COMPONENT DEVELOPMENT & PRO-
TOTYPES 
068 
0603161D8Z 
NUCLEAR AND CONVENTIONAL PHYSICAL SECURITY 
EQUIPMENT RDT&E ADC&P.
36,019 
36,019 
069 
0603228D8Z 
PHYSICAL SECURITY EQUIPMENT 
070 
0603527D8Z 
RETRACT LARCH ....................................................................
21,718 
21,718 
071 
0603709D8Z 
JOINT ROBOTICS PROGRAM ...............................................
11,803 
13,803 
Autonomous Machine Vision for Mapping and Investiga-
tion of Remote Sites.
[2,000] 
072 
0603714D8Z 
ADVANCED SENSOR APPLICATIONS PROGRAM ............
17,771 
17,771 
073 
0603851D8Z 
ENVIRONMENTAL SECURITY TECHNICAL CERTIFI-
CATION PROGRAM.
31,613 
31,613 
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123 STAT. 2778 
PUBLIC LAW 111–84—OCT. 28, 2009 
RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 
(In Thousands of Dollars) 
Line 
Program 
Element 
Item 
FY 2010 
Request 
Conference 
Authorized 
074 
0603881C 
BALLISTIC MISSILE DEFENSE TERMINAL DEFENSE 
SEGMENT.
719,465 
719,465 
075 
0603882C 
BALLISTIC MISSILE DEFENSE MIDCOURSE DEFENSE 
SEGMENT.
982,922 
1,002,922 
GBI vendor base sustainment ..............................................
[20,000] 
076 
0603883C 
BALLISTIC MISSILE DEFENSE BOOST DEFENSE SEG-
MENT.
186,697 
186,697 
077 
0603884BP 
CHEMICAL AND BIOLOGICAL DEFENSE PROGRAM .....
205,952 
207,552 
Real-time non-specific viral agent detector .........................
[1,600] 
078 
0603884C 
BALLISTIC MISSILE DEFENSE SENSORS ........................
636,856 
636,856 
079 
0603886C 
BALLISTIC 
MISSILE 
DEFENSE 
SYSTEM 
INTER-
CEPTOR 
080 
0603888C 
BALLISTIC MISSILE DEFENSE TEST & TARGETS .........
966,752 
940,752 
Target Synchronization with Test Schedule .......................
[–26,000] 
081 
0603890C 
BMD ENABLING PROGRAMS ...............................................
369,145 
354,145 
Programs Reduction ..............................................................
[–15,000] 
082 
0603891C 
SPECIAL PROGRAMS—MDA .................................................
301,566 
286,566 
Program Decrease due to excessive growth ........................
[–15,000] 
083 
0603892C 
AEGIS BMD ..............................................................................
1,690,758 
1,690,758 
084 
0603893C 
SPACE TRACKING & SURVEILLANCE SYSTEM ..............
180,000 
173,200 
Demonstration Satellites ......................................................
[–6,800] 
085 
0603894C 
MULTIPLE KILL VEHICLE 
086 
0603895C 
BALLISTIC MISSILE DEFENSE SYSTEM SPACE PRO-
GRAMS.
12,549 
12,549 
087 
0603896C 
BALLISTIC MISSILE DEFENSE COMMAND AND CON-
TROL, BATTLE MANAGEMENT AND COMMUNICA-
TIONS.
340,014 
340,014 
088 
0603897C 
BALLISTIC MISSILE DEFENSE HERCULES .....................
48,186 
48,186 
089 
0603898C 
BALLISTIC MISSILE DEFENSE JOINT WARFIGHTER 
SUPPORT.
60,921 
61,421 
Independent Advisory Group to Review Ballistic Missile 
Defense Training Needs.
[500] 
090 
0603904C 
MISSILE DEFENSE INTEGRATION & OPERATIONS 
CENTER (MDIOC).
86,949 
86,949 
091 
0603906C 
REGARDING TRENCH ...........................................................
6,164 
6,164 
092 
0603907C 
SEA BASED X-BAND RADAR (SBX) .....................................
174,576 
174,576 
093 
0603908C 
BMD EUROPEAN INTERCEPTOR SITE 
094 
0603909C 
BMD EUROPEAN MIDCOURSE RADAR 
095 
0603911C 
BMD EUROPEAN CAPABILITY ............................................
50,504 
50,504 
096 
0603912C 
BMD EUROPEAN COMMUNICATIONS SUPPORT 
097 
0603913C 
ISRAELI COOPERATIVE PROGRAMS .................................
119,634 
144,634 
Short-range ballistic missile defense ...................................
[25,000] 
098 
0603920D8Z 
HUMANITARIAN DEMINING ...............................................
14,687 
14,687 
099 
0603923D8Z 
COALITION WARFARE ..........................................................
13,885 
13,885 
100 
0604016D8Z 
DEPARTMENT OF DEFENSE CORROSION PROGRAM ...
4,887 
8,387 
Corrosion control research ....................................................
[3,500] 
101 
0604400D8Z 
DEPARTMENT OF DEFENSE (DOD) UNMANNED AIR-
CRAFT SYSTEM (UAS) COMMON DEVELOPMENT.
55,289 
55,289 
102 
0604648D8Z 
JOINT CAPABILITY TECHNOLOGY DEMONSTRATIONS 
18,577 
18,577 
103 
0604670D8Z 
HUMAN, SOCIAL AND CULTURE BEHAVIOR MOD-
ELING (HSCB) RESEARCH AND ENGINEERING.
7,006 
7,006 
104 
0604787D8Z 
JOINT SYSTEMS INTEGRATION COMMAND (JSIC) ........
19,744 
19,744 
105 
0604828D8Z 
JOINT FIRES INTEGRATION AND INTEROPERABILITY 
TEAM.
16,972 
16,972 
106 
0605017D8Z 
REDUCTION OF TOTAL OWNERSHIP COST .....................
24,647 
24,647 
107 
0303191D8Z 
JOINT ELECTROMAGNETIC TECHNOLOGY (JET) PRO-
GRAM.
3,949 
3,949 
SUBTOTAL, ADVANCED COMPONENT DEVELOP-
MENT & PROTOTYPES, DEFENSE-WIDE.
7,438,177 
7,427,977 
SYSTEM DEVELOPMENT & DEMONSTRATION 
108 
0604051D8Z 
DEFENSE 
ACQUISITION 
CHALLENGE 
PROGRAM 
(DACP).
28,862 
28,862 
109 
0604161D8Z 
NUCLEAR AND CONVENTIONAL PHYSICAL SECURITY 
EQUIPMENT RDT&E SDD.
7,628 
7,628 
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123 STAT. 2779 
PUBLIC LAW 111–84—OCT. 28, 2009 
RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 
(In Thousands of Dollars) 
Line 
Program 
Element 
Item 
FY 2010 
Request 
Conference 
Authorized 
110 
0604165D8Z 
PROMPT GLOBAL STRIKE CAPABILITY DEVELOP-
MENT.
166,913 
166,913 
111 
0604384BP 
CHEMICAL AND BIOLOGICAL DEFENSE PROGRAM .....
332,895 
332,895 
112 
0604709D8Z 
JOINT ROBOTICS PROGRAM ...............................................
5,127 
5,127 
113 
0604764K 
ADVANCED IT SERVICES JOINT PROGRAM OFFICE 
(AITS-JPO).
39,911 
39,911 
114 
0604771D8Z 
JOINT TACTICAL INFORMATION DISTRIBUTION SYS-
TEM (JTIDS).
20,633 
20,633 
115 
0605000BR 
WEAPONS OF MASS DESTRUCTION DEFEAT CAPA-
BILITIES.
8,735 
8,735 
116 
0605013BL 
INFORMATION TECHNOLOGY DEVELOPMENT .............
11,705 
11,705 
117 
0605018BTA 
DEFENSE 
INTEGRATED 
MILITARY 
HUMAN 
RE-
SOURCES SYSTEM (DIMHRS).
70,000 
18,710 
Transfer to RDA, line 117 for DIMHRS execution .............
[–30,800] 
Transfer to RDAF, line 241 for DIMHRS execution ...........
[–20,490] 
118 
0605020BTA 
BUSINESS TRANSFORMATION AGENCY R&D ACTIVI-
TIES.
197,008 
197,008 
119 
0605021SE 
HOMELAND PERSONNEL SECURITY INITIATIVE .........
395 
395 
120 
0605027D8Z 
OUSD(C) IT DEVELOPMENT INITIATIVES .......................
5,000 
5,000 
121 
0605140D8Z 
TRUSTED FOUNDRY ..............................................................
41,223 
41,223 
122 
0605648D8Z 
DEFENSE ACQUISITION EXECUTIVE (DAE) PILOT 
PROGRAM.
4,267 
4,267 
123 
0303141K 
GLOBAL COMBAT SUPPORT SYSTEM ...............................
18,431 
18,431 
124 
0303158K 
JOINT COMMAND AND CONTROL PROGRAM (JC2) .......
49,047 
49,047 
125 
0807708D8Z 
WOUNDED ILL AND INJURED SENIOR OVERSIGHT 
COMMITTEE (WII-SOC) STAFF OFFICE.
1,609 
1,609 
SUBTOTAL, 
SYSTEM 
DEVELOPMENT 
& 
DEM-
ONSTRATION, DEFENSE-WIDE.
1,009,389 
958,099 
RDT&E MANAGEMENT SUPPORT 
126 
0603757D8Z 
TRAINING TRANSFORMATION (T2) 
127 
0604774D8Z 
DEFENSE READINESS REPORTING SYSTEM (DRRS) ....
13,121 
13,121 
128 
0604875D8Z 
JOINT SYSTEMS ARCHITECTURE DEVELOPMENT .......
15,247 
15,247 
129 
0604940D8Z 
CENTRAL TEST AND EVALUATION INVESTMENT DE-
VELOPMENT (CTEIP).
145,052 
155,052 
Joint Gulf Range Test and Training Complex ....................
[3,000] 
Gulf Range Mobile Instrumentation Capability .................
[3,000] 
Advanced SAM Hardware Simulator Development ...........
[4,000] 
130 
0604943D8Z 
THERMAL VICAR ....................................................................
9,045 
9,045 
131 
0605100D8Z 
JOINT MISSION ENVIRONMENT TEST CAPABILITY 
(JMETC).
9,455 
9,455 
132 
0605104D8Z 
TECHNICAL STUDIES, SUPPORT AND ANALYSIS ..........
44,760 
44,760 
133 
0605110D8Z 
USD(A&T)—CRITICAL TECHNOLOGY SUPPORT .............
4,914 
4,914 
134 
0605117D8Z 
FOREIGN MATERIAL ACQUISITION AND EXPLOI-
TATION.
94,921 
94,921 
135 
0605126J 
JOINT INTEGRATED AIR AND MISSILE DEFENSE OR-
GANIZATION (JIAMDO).
96,909 
96,909 
136 
0605128D8Z 
CLASSIFIED PROGRAM USD(P) ...........................................
[ ] 
[ ] 
137 
0605130D8Z 
FOREIGN COMPARATIVE TESTING ...................................
35,054 
35,054 
138 
0605161D8Z 
NUCLEAR MATTERS-PHYSICAL SECURITY .....................
6,474 
6,474 
139 
0605170D8Z 
SUPPORT TO NETWORKS AND INFORMATION INTE-
GRATION.
14,916 
14,916 
140 
0605200D8Z 
GENERAL SUPPORT TO USD (INTELLIGENCE) ..............
5,888 
5,888 
141 
0605384BP 
CHEMICAL AND BIOLOGICAL DEFENSE PROGRAM .....
106,477 
106,477 
142 
0605502BR 
SMALL BUSINESS INNOVATION RESEARCH 
143 
0605502C 
SMALL BUSINESS INNOVATIVE RESEARCH—MDA 
144 
0605502D8Z 
SMALL BUSINESS INNOVATIVE RESEARCH 
145 
0605502E 
SMALL BUSINESS INNOVATIVE RESEARCH 
146 
0605502S 
SMALL BUSINESS INNOVATIVE RESEARCH 
147 
0605790D8Z 
SMALL BUSINESS INNOVATION RESEARCH/CHAL-
LENGE ADMINISTRATION.
2,163 
4,063 
Anti-tamper software systems ..............................................
[1,900] 
148 
0605798D8Z 
DEFENSE TECHNOLOGY ANALYSIS .................................
11,005 
11,005 
149 
0605798S 
DEFENSE TECHNOLOGY ANALYSIS 
150 
0605799D8Z 
FORCE TRANSFORMATION DIRECTORATE .....................
19,981 
19,981 
151 
0605801KA 
DEFENSE TECHNICAL INFORMATION CENTER (DTIC) 
54,411 
49,411 
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123 STAT. 2780 
PUBLIC LAW 111–84—OCT. 28, 2009 
RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 
(In Thousands of Dollars) 
Line 
Program 
Element 
Item 
FY 2010 
Request 
Conference 
Authorized 
Program Reduction ................................................................
[–5,000] 
152 
0605803SE 
R&D IN SUPPORT OF DOD ENLISTMENT, TESTING 
AND EVALUATION.
19,554 
19,554 
153 
0605804D8Z 
DEVELOPMENT TEST AND EVALUATION .......................
23,512 
23,512 
154 
0605897E 
DARPA AGENCY RELOCATION ...........................................
45,000 
45,000 
155 
0605898E 
MANAGEMENT HQ—R&D .....................................................
51,055 
51,055 
156 
0606100D8Z 
BUDGET AND PROGRAM ASSESSMENTS .........................
5,929 
5,929 
157 
0606301D8Z 
AVIATION SAFETY TECHNOLOGIES .................................
8,000 
8,000 
158 
0204571J 
JOINT STAFF ANALYTICAL SUPPORT ..............................
1,250 
1,250 
159 
0301555G 
CLASSIFIED PROGRAMS ......................................................
[ ] 
[ ] 
160 
0301556G 
SPECIAL PROGRAM ...............................................................
[ ] 
[ ] 
161 
0303166D8Z 
SUPPORT TO INFORMATION OPERATIONS (IO) CAPA-
BILITIES.
30,604 
30,604 
162 
0303169D8Z 
INFORMATION TECHNOLOGY RAPID ACQUISITION ....
4,667 
4,667 
163 
0305103E 
CYBER SECURITY INITIATIVE ............................................
50,000 
50,000 
164 
0305193D8Z 
INTELLIGENCE SUPPORT TO INFORMATION OPER-
ATIONS (IO).
20,648 
20,648 
165 
0305193G 
INTELLIGENCE SUPPORT TO INFORMATION OPER-
ATIONS (IO).
[ ] 
[ ] 
166 
0305400D8Z 
WARFIGHTING AND INTELLIGENCE-RELATED SUP-
PORT.
829 
829 
167 
0804767D8Z 
COCOM EXERCISE ENGAGEMENT AND TRAINING 
TRANSFORMATION (CE2T2).
34,306 
34,306 
168 
0901585C 
PENTAGON RESERVATION ..................................................
19,709 
19,709 
169 
0901598C 
MANAGEMENT HQ—MDA ....................................................
57,403 
57,403 
170 
0901598D8W 
IT SOFTWARE DEV INITIATIVES ........................................
980 
980 
170A 
9999999 
OTHER PROGRAMS ................................................................
124,705 
124,705 
SUBTOTAL, RDT&E MANAGEMENT SUPPORT, DE-
FENSE-WIDE.
1,187,944 
1,194,844 
OPERATIONAL SYSTEMS DEVELOPMENT 
171 
0604130V 
DEFENSE INFORMATION SYSTEM FOR SECURITY 
(DISS).
1,384 
1,384 
172 
0605127T 
REGIONAL INTERNATIONAL OUTREACH (RIO) AND 
PARTNERSHIP FOR PEACE INFORMATION MANA.
2,001 
2,001 
173 
0605147T 
OVERSEAS HUMANITARIAN ASSISTANCE SHARED IN-
FORMATION SYSTEM (OHASIS).
292 
292 
174 
0607384BP 
CHEMICAL 
AND 
BIOLOGICAL 
DEFENSE 
(OPER-
ATIONAL SYSTEMS DEVELOPMENT).
6,198 
6,198 
175 
0607828D8Z 
JOINT INTEGRATION AND INTEROPERABILITY ............
46,214 
46,214 
176 
0204571J 
JOINT STAFF ANALYTICAL SUPPORT 
177 
0208043J 
CLASSIFIED PROGRAMS ......................................................
2,179 
2,179 
178 
0208045K 
C4I INTEROPERABILITY .......................................................
74,786 
74,786 
180 
0301144K 
JOINT/ALLIED COALITION INFORMATION SHARING ...
10,767 
10,767 
181 
0301301L 
GENERAL DEFENSE INTELLIGENCE PROGRAM ...........
[ ] 
[ ] 
Advanced Scientific Missile Intelligence Preparation of 
the Battlespace (IPB).
[2,500] 
Portable Device for Latent Fingerprint Identification .......
[1,800] 
182 
0301318BB 
HUMINT (CONTROLLED) ......................................................
[ ] 
[ ] 
183 
0301371G 
CYBER SECURITY INITIATIVE—CCP .................................
[ ] 
[ ] 
184 
0301372L 
CYBER SECURITY INITIATIVE—GDIP ...............................
[ ] 
[ ] 
185 
0301555BZ 
CLASSIFIED PROGRAMS ......................................................
[ ] 
[ ] 
186 
0301556BZ 
SPECIAL PROGRAM ...............................................................
[ ] 
[ ] 
187 
0302016K 
NATIONAL MILITARY COMMAND SYSTEM-WIDE SUP-
PORT.
548 
548 
188 
0302019K 
DEFENSE INFO INFRASTRUCTURE ENGINEERING 
AND INTEGRATION.
17,655 
17,655 
189 
0303126K 
LONG-HAUL COMMUNICATIONS—DCS ............................
9,406 
9,406 
190 
0303131K 
MINIMUM ESSENTIAL EMERGENCY COMMUNICA-
TIONS NETWORK (MEECN).
9,830 
9,830 
191 
0303135G 
PUBLIC KEY INFRASTRUCTURE (PKI) ..............................
8,116 
8,116 
192 
0303136G 
KEY MANAGEMENT INFRASTRUCTURE (KMI) ...............
41,002 
41,002 
193 
0303140D8Z 
INFORMATION SYSTEMS SECURITY PROGRAM ............
13,477 
13,477 
194 
0303140G 
INFORMATION SYSTEMS SECURITY PROGRAM ............
408,316 
408,316 
195 
0303140K 
INFORMATION SYSTEMS SECURITY PROGRAM 
196 
0303148K 
DISA MISSION SUPPORT OPERATIONS ............................
1,205 
1,205 
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PUBLIC LAW 111–84—OCT. 28, 2009 
RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 
(In Thousands of Dollars) 
Line 
Program 
Element 
Item 
FY 2010 
Request 
Conference 
Authorized 
197 
0303149J 
C4I FOR THE WARRIOR ........................................................
4,098 
4,098 
198 
0303150K 
GLOBAL COMMAND AND CONTROL SYSTEM .................
23,761 
23,761 
199 
0303153K 
JOINT SPECTRUM CENTER .................................................
18,944 
18,944 
200 
0303170K 
NET-CENTRIC ENTERPRISE SERVICES (NCES) ..............
1,782 
1,782 
201 
0303260D8Z 
JOINT MILITARY DECEPTION INITIATIVE ......................
942 
942 
202 
0303610K 
TELEPORT PROGRAM ...........................................................
5,239 
5,239 
203 
0304210BB 
SPECIAL APPLICATIONS FOR CONTINGENCIES ...........
16,381 
16,381 
204 
0304345BQ 
NATIONAL GEOSPATIAL-INTELLIGENCE PROGRAM 
(NGP).
[ ] 
[ ] 
206 
0305103D8Z 
CYBER SECURITY INITIATIVE ............................................
993 
993 
207 
0305103G 
CYBER SECURITY INITIATIVE ............................................
[ ] 
[ ] 
208 
0305103K 
CYBER SECURITY INITIATIVE ............................................
10,080 
10,080 
209 
0305125D8Z 
CRITICAL INFRASTRUCTURE PROTECTION (CIP) .........
12,725 
12,725 
210 
0305127BZ 
FOREIGN COUNTERINTELLIGENCE ACTIVITIES 
211 
0305127L 
FOREIGN COUNTERINTELLIGENCE ACTIVITIES ..........
[ ] 
[ ] 
212 
0305146BZ 
DEFENSE JOINT COUNTERINTELLIGENCE ACTIVI-
TIES.
[ ] 
[ ] 
213 
0305146L 
DEFENSE JOINT COUNTERINTELLIGENCE ACTIVI-
TIES.
[ ] 
[ ] 
214 
0305183L 
DEFENSE HUMAN INTELLIGENCE (HUMINT) ACTIVI-
TIES.
[ ] 
[ ] 
215 
0305186D8Z 
POLICY R&D PROGRAMS ......................................................
6,948 
6,948 
216 
0305193L 
INTELLIGENCE SUPPORT TO INFORMATION OPER-
ATIONS (IO) 
217 
0305199D8Z 
NET CENTRICITY ...................................................................
1,479 
1,479 
218 
0305202G 
DRAGON U–2 ...........................................................................
[ ] 
[ ] 
219 
0305206G 
AIRBORNE RECONNAISSANCE SYSTEMS ........................
[ ] 
[ ] 
220 
0305207G 
MANNED RECONNAISSANCE SYSTEMS ...........................
221 
0305208BB 
DISTRIBUTED COMMON GROUND/SURFACE SYSTEMS 
1,407 
1,407 
222 
0305208BQ 
DISTRIBUTED COMMON GROUND/SURFACE SYSTEMS 
[ ] 
[ ] 
223 
0305208G 
DISTRIBUTED COMMON GROUND/SURFACE SYSTEMS 
[ ] 
[ ] 
224 
0305208K 
DISTRIBUTED COMMON GROUND/SURFACE SYSTEMS 
3,158 
3,158 
225 
0305208L 
DISTRIBUTED COMMON GROUND/SURFACE SYSTEMS 
[ ] 
[ ] 
226 
0305219BB 
MQ–1 PREDATOR A UAV .......................................................
2,067 
2,067 
227 
0305229G 
REAL-TIME ARCHITECTURE DEVELOPMENT (RT10) ....
[ ] 
[ ] 
228 
0305387D8Z 
HOMELAND 
DEFENSE 
TECHNOLOGY 
TRANSFER 
PROGRAM.
2,963 
2,963 
229 
0305600D8Z 
INTERNATIONAL INTELLIGENCE TECHNOLOGY AS-
SESSMENT, ADVANCEMENT AND INTEGRATION.
1,389 
1,389 
230 
0305866L 
DIA SUPPORT TO SOUTHCOM INTELLIGENCE ACTIVI-
TIES 
231 
0305880L 
COMBATANT 
COMMAND 
INTELLIGENCE 
OPER-
ATIONS 
232 
0305883L 
HARD AND DEEPLY BURIED TARGET (HDBT) INTEL 
SUPPORT.
[ ] 
[ ] 
233 
0305884L 
INTELLIGENCE PLANNING AND REVIEW ACTIVITIES 
[ ] 
[ ] 
Technology applications for security enhancement ............
[3,000] 
235 
0305889G 
COUNTERDRUG INTELLIGENCE SUPPORT 
236 
0307141G 
INFORMATION OPERATIONS TECHNOLOGY INTE-
GRATION & TOOL DEV.
[ ] 
[ ] 
237 
0307207G 
AERIAL COMMON SENSOR (ACS) .......................................
[ ] 
[ ] 
238 
0708011S 
INDUSTRIAL PREPAREDNESS ............................................
20,514 
51,714 
Industrial Base Innovation Fund .........................................
[30,000] 
Northwest Manufacturing Initiative ....................................
[1,200] 
239 
0708012S 
LOGISTICS SUPPORT ACTIVITIES .....................................
2,798 
2,798 
240 
0902298J 
MANAGEMENT HEADQUARTERS (JCS) ............................
8,303 
8,303 
241 
1001018D8Z 
NATO AGS ................................................................................
74,485 
74,485 
242 
1105219BB 
MQ–9 UAV ................................................................................
4,380 
4,380 
243 
1130435BB 
STORM 
244 
1160279BB 
SMALL BUSINESS INNOVATIVE RESEARCH/SMALL 
BUS TECH TRANSFER PILOT PROG 
245 
1160403BB 
SPECIAL 
OPERATIONS 
AVIATION 
SYSTEMS 
AD-
VANCED DEVELOPMENT.
82,621 
72,621 
Avionics Modernization Program .........................................
[–10,000] 
246 
1160404BB 
SPECIAL OPERATIONS TACTICAL SYSTEMS DEVEL-
OPMENT.
6,182 
1,594 
SOF Resource Business Information System ......................
[–4,588] 
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123 STAT. 2782 
PUBLIC LAW 111–84—OCT. 28, 2009 
RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 
(In Thousands of Dollars) 
Line 
Program 
Element 
Item 
FY 2010 
Request 
Conference 
Authorized 
247 
1160405BB 
SPECIAL OPERATIONS INTELLIGENCE SYSTEMS DE-
VELOPMENT.
21,273 
33,173 
Biometric Optical Surveillance System (BOSS) ..................
[2,000] 
Counterproliferation 
Analysis 
and 
Planning 
System 
(CAPS).
[5,000] 
Advanced long endurance unattended ground sensor tech-
nologies.
[4,900] 
248 
1160408BB 
SOF OPERATIONAL ENHANCEMENTS ..............................
60,310 
60,310 
249 
1160421BB 
SPECIAL OPERATIONS CV–22 DEVELOPMENT ..............
12,687 
12,687 
250 
1160423BB 
JOINT MULTI-MISSION SUBMERSIBLE ............................
43,412 
43,412 
251 
1160425BB 
SPECIAL OPERATIONS AIRCRAFT DEFENSIVE SYS-
TEMS 
252 
1160426BB 
OPERATIONS ADVANCED SEAL DELIVERY SYSTEM 
(ASDS) DEVELOPMENT.
1,321 
0 
ASDS ......................................................................................
[–1,321] 
253 
1160427BB 
MISSION TRAINING AND PREPARATION SYSTEMS 
(MTPS).
3,192 
3,192 
254 
1160428BB 
UNMANNED VEHICLES (UV) 
255 
1160429BB 
MC130J SOF TANKER RECAPITALIZATION .....................
5,957 
5,957 
256 
1160474BB 
SOF COMMUNICATIONS EQUIPMENT AND ELEC-
TRONICS SYSTEMS.
733 
733 
257 
1160476BB 
SOF TACTICAL RADIO SYSTEMS ........................................
2,368 
2,368 
258 
1160477BB 
SOF WEAPONS SYSTEMS .....................................................
1,081 
1,081 
259 
1160478BB 
SOF SOLDIER PROTECTION AND SURVIVAL SYSTEMS 
597 
597 
260 
1160479BB 
SOF VISUAL AUGMENTATION, LASERS AND SENSOR 
SYSTEMS.
3,369 
4,869 
Miniature Day Night Sight for Crew Served Weapons ......
[1,500] 
261 
1160480BB 
SOF TACTICAL VEHICLES ...................................................
1,973 
1,973 
262 
1160482BB 
SOF ROTARY WING AVIATION ............................................
18,863 
18,863 
263 
1160483BB 
SOF UNDERWATER SYSTEMS .............................................
3,452 
7,452 
Transformer Technology for Combat Submersibles (TTCS) 
[4,000] 
264 
1160484BB 
SOF SURFACE CRAFT ...........................................................
12,250 
12,250 
265 
1160488BB 
SOF PSYOP ...............................................................................
9,887 
9,887 
266 
1160489BB 
SOF GLOBAL VIDEO SURVEILLANCE ACTIVITIES ........
4,944 
4,944 
267 
1160490BB 
SOF OPERATIONAL ENHANCEMENTS INTELLIGENCE 
11,547 
11,547 
999 
9999999 
OTHER PROGRAMS ................................................................
4,148,984 
4,156,284 
SUBTOTAL, OPERATIONAL SYSTEMS DEVELOP-
MENT, DEFENSE-WIDE.
5,335,215 
5,375,206 
DARPA execution adjustment ..............................................
–150,000 
Total, RDT&E Defense-Wide ...............................................
20,741,542 
20,413,501 
OPERATIONAL TEST & EVALUATION, DEFENSE 
001 
0605118OTE 
OPERATIONAL TEST AND EVALUATION .........................
58,647 
58,647 
002 
0605131OTE 
LIVE FIRE TEST AND EVALUATION ..................................
12,285 
12,285 
003 
0605814OTE 
OPERATIONAL TEST ACTIVITIES AND ANALYSES .......
119,838 
119,838 
Total, Operational Test & Evaluation, Defense .............
190,770 
190,770 
TOTAL RDT&E .......................................................................
78,634,289 
79,251,608 
SEC. 4202. RESEARCH, DEVELOPMENT, TEST AND EVALUATION FOR 
OVERSEAS CONTINGENCY OPERATIONS. 
RESEARCH, DEVELOPMENT, TEST, AND EVALUATION FOR OVERSEAS CONTINGENCY OPER-
ATIONS 
(In Thousands of Dollars) 
Line 
Program 
Element 
Item 
FY 2010 
Request 
Conference 
Authorized 
RESEARCH, DEVELOPMENT, TEST & EVALUATION, 
ARMY 
VerDate Nov 24 2008 
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123 STAT. 2783 
PUBLIC LAW 111–84—OCT. 28, 2009 
RESEARCH, DEVELOPMENT, TEST, AND EVALUATION FOR OVERSEAS CONTINGENCY OPER-
ATIONS 
(In Thousands of Dollars) 
Line 
Program 
Element 
Item 
FY 2010 
Request 
Conference 
Authorized 
SYSTEM DEVELOPMENT & DEMONSTRATION 
075 
0604270A 
ELECTRONIC WARFARE DEVELOPMENT ........................
18,598 
18,598 
SUBTOTAL, 
SYSTEM 
DEVELOPMENT 
& 
DEM-
ONSTRATION, ARMY .......................................................
18,598 
18,598 
OPERATIONAL SYSTEMS DEVELOPMENT 
160 
0301359A 
SPECIAL ARMY PROGRAM ...................................................
[ ] 
[ ] 
161 
0303028A 
SECURITY AND INTELLIGENCE ACTIVITIES ..................
7,644 
7,644 
162 
0303140A 
INFORMATION SYSTEMS SECURITY PROGRAM ............
2,220 
2,220 
167 
0305204A 
TACTICAL UNMANNED AERIAL VEHICLES ....................
29,500 
29,500 
SUBTOTAL, OPERATIONAL SYSTEMS DEVELOP-
MENT, ARMY ......................................................................
39,364 
39,364 
TOTAL, RDT&E ARMY .........................................................
57,962 
57,962 
ADVANCED COMPONENT DEVELOPMENT & PRO-
TOTYPES 
026 
0603207N 
AIR/OCEAN TACTICAL APPLICATIONS 
027 
0603216N 
AVIATION SURVIVABILITY ..................................................
8,000 
0 
Non-emergency development funding ..................................
[–8,000] 
041 
0603561N 
ADVANCED SUBMARINE SYSTEM DEVELOPMENT ......
9,000 
0 
Non-emergency development funding ..................................
[–9,000] 
SUBTOTAL, ADVANCED COMPONENT DEVELOP-
MENT & PROTOTYPES, NAVY ......................................
17,000 
0 
SYSTEM DEVELOPMENT & DEMONSTRATION 
OPERATIONAL SYSTEMS DEVELOPMENT 
188 
0301303N 
MARITIME INTELLIGENCE ..................................................
[ ] 
[ ] 
189 
0301323N 
COLLECTION MANAGEMENT .............................................
[ ] 
[ ] 
190 
0301327N 
TECHNICAL RECONNAISSANCE AND SURVEILLANCE 
[ ] 
[ ] 
191 
0301372N 
CYBER SECURITY INITIATIVE—GDIP ...............................
[ ] 
[ ] 
203 
0305207N 
MANNED RECONNAISSANCE SYSTEMS ...........................
51,900 
51,900 
210 
0305234N 
SMALL (LEVEL 0) TACTICAL UAS (STUASL0) ..................
6,000 
6,000 
999 
9999999 
OTHER PROGRAMS ................................................................
32,280 
32,280 
SUBTOTAL, OPERATIONAL SYSTEMS DEVELOP-
MENT, RDT&E ....................................................................
90,180 
90,180 
TOTAL, RDT&E NAVY ..........................................................
107,180 
90,180 
RESEARCH, DEVELOPMENT, TEST & EVALUATION, 
AIR FORCE 
BASIC RESEARCH 
004 
0301555F 
CLASSIFIED PROGRAMS ......................................................
[ ] 
[ ] 
005 
0301556F 
SPECIAL PROGRAM ...............................................................
[ ] 
[ ] 
SUBTOTAL, BASIC RESEARCH, AIR FORCE ...............
0 
0 
OPERATIONAL SYSTEMS DEVELOPMENT 
116 
0605798F 
ANALYSIS SUPPORT GROUP ...............................................
[ ] 
[ ] 
123 
0101815F 
ADVANCED STRATEGIC PROGRAMS .................................
[ ] 
[ ] 
128 
0205219F 
MQ–9 UAV ................................................................................
1,400 
1,400 
149 
0207423F 
ADVANCED COMMUNICATIONS SYSTEMS ......................
9,375 
9,375 
150 
0207424F 
EVALUATION AND ANALYSIS PROGRAM ........................
[ ] 
[ ] 
164 
0208161F 
SPECIAL EVALUATION SYSTEM ........................................
[ ] 
[ ] 
165 
0301310F 
NATIONAL AIR INTELLIGENCE CENTER .........................
[ ] 
[ ] 
166 
0301314F 
COBRA BALL ............................................................................
[ ] 
[ ] 
167 
0301315F 
MISSILE AND SPACE TECHNICAL COLLECTION ...........
[ ] 
[ ] 
168 
0301324F 
FOREST GREEN ......................................................................
[ ] 
[ ] 
169 
0301386F 
GDIP COLLECTION MANAGEMENT ...................................
[ ] 
[ ] 
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123 STAT. 2784 
PUBLIC LAW 111–84—OCT. 28, 2009 
RESEARCH, DEVELOPMENT, TEST, AND EVALUATION FOR OVERSEAS CONTINGENCY OPER-
ATIONS 
(In Thousands of Dollars) 
Line 
Program 
Element 
Item 
FY 2010 
Request 
Conference 
Authorized 
180 
0304311F 
SELECTED ACTIVITIES .........................................................
[ ] 
[ ] 
181 
0304348F 
ADVANCED GEOSPATIAL INTELLIGENCE (AGI) ............
[ ] 
[ ] 
188 
0305124F 
SPECIAL APPLICATIONS PROGRAM ..................................
[ ] 
[ ] 
189 
0305127F 
FOREIGN COUNTERINTELLIGENCE ACTIVITIES ..........
[ ] 
[ ] 
191 
0305142F 
APPLIED TECHNOLOGY AND INTEGRATION .................
[ ] 
[ ] 
196 
0305172F 
COMBINED ADVANCED APPLICATIONS ..........................
[ ] 
[ ] 
206 
0305219F 
MQ–1 PREDATOR A UAV .......................................................
1,400 
1,400 
999 
9999999 
OTHER PROGRAMS ................................................................
17,111 
17,111 
SUBTOTAL, OPERATIONAL SYSTEMS DEVELOP-
MENT, AIR FORCE ............................................................
29,286 
29,286 
TOTAL, RDT&E AIR FORCE ..............................................
29,286 
29,286 
RESEARCH, DEVELOPMENT, TEST & EVALUATION, 
DEFENSE-WIDE 
RDT&E MANAGEMENT SUPPORT 
159 
0301555G 
CLASSIFIED PROGRAMS ......................................................
[ ] 
[ ] 
160 
0301556G 
SPECIAL PROGRAM ...............................................................
[ ] 
[ ] 
165 
0305193G 
INTELLIGENCE SUPPORT TO INFORMATION OPER-
ATIONS (IO).
[ ] 
[ ] 
181 
0301301L 
GENERAL DEFENSE INTELLIGENCE PROGRAM ...........
[ ] 
[ ] 
182 
0301318BB 
HUMINT (CONTROLLED) ......................................................
[ ] 
[ ] 
183 
0301371G 
CYBER SECURITY INITIATIVE—CCP .................................
[ ] 
[ ] 
184 
0301372L 
CYBER SECURITY INITIATIVE—GDIP ...............................
[ ] 
[ ] 
185 
0301555BZ 
CLASSIFIED PROGRAMS ......................................................
[ ] 
[ ] 
186 
0301556BZ 
SPECIAL PROGRAM ...............................................................
[ ] 
[ ] 
198 
0303150K 
GLOBAL COMMAND AND CONTROL SYSTEM .................
2,750 
2,750 
204 
0304345BQ 
NATIONAL GEOSPATIAL-INTELLIGENCE PROGRAM 
(NGP).
[ ] 
[ ] 
207 
0305103G 
CYBER SECURITY INITIATIVE ............................................
[ ] 
[ ] 
211 
0305127L 
FOREIGN COUNTERINTELLIGENCE ACTIVITIES ..........
[ ] 
[ ] 
212 
0305146BZ 
DEFENSE JOINT COUNTERINTELLIGENCE ACTIVI-
TIES.
[ ] 
[ ] 
213 
0305146L 
DEFENSE JOINT COUNTERINTELLIGENCE ACTIVI-
TIES.
[ ] 
[ ] 
214 
0305183L 
DEFENSE HUMAN INTELLIGENCE (HUMINT) ACTIVI-
TIES.
[ ] 
[ ] 
218 
0305202G 
DRAGON U–2 ...........................................................................
[ ] 
[ ] 
219 
0305206G 
AIRBORNE RECONNAISSANCE SYSTEMS ........................
[ ] 
[ ] 
221 
0305208BB 
DISTRIBUTED COMMON GROUND/SURFACE SYSTEMS 
[ ] 
[ ] 
222 
0305208BQ 
DISTRIBUTED COMMON GROUND/SURFACE SYSTEMS 
[ ] 
[ ] 
223 
0305208G 
DISTRIBUTED COMMON GROUND/SURFACE SYSTEMS 
[ ] 
[ ] 
225 
0305208L 
DISTRIBUTED COMMON GROUND/SURFACE SYSTEMS 
[ ] 
[ ] 
226 
0305219BB 
MQ–1 PREDATOR A UAV .......................................................
[ ] 
[ ] 
227 
0305229G 
REAL-TIME ARCHITECTURE DEVELOPMENT (RT10) ....
[ ] 
[ ] 
231 
0305880L 
COMBATANT 
COMMAND 
INTELLIGENCE 
OPER-
ATIONS.
[ ] 
[ ] 
232 
0305883L 
HARD AND DEEPLY BURIED TARGET (HDBT) INTEL 
SUPPORT.
[ ] 
[ ] 
233 
0305884L 
INTELLIGENCE PLANNING AND REVIEW ACTIVITIES 
[ ] 
[ ] 
236 
0307141G 
INFORMATION OPERATIONS TECHNOLOGY INTE-
GRATION & TOOL DEV.
[ ] 
[ ] 
237 
0307207G 
AERIAL COMMON SENSOR (ACS) .......................................
[ ] 
[ ] 
999 
9999999 
OTHER PROGRAMS ................................................................
113,076 
113,076 
SUBTOTAL, OPERATIONAL SYSTEMS DEVELOP-
MENT, DEFENSE-WIDE ...................................................
115,826 
115,826 
Total, RDT&E Defense-Wide ...............................................
115,826 
115,826 
TOTAL RDT&E .......................................................................
310,254 
293,254 
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123 STAT. 2785 
PUBLIC LAW 111–84—OCT. 28, 2009 
TITLE XLIII—OPERATION AND 
MAINTENANCE 
SEC. 4301. OPERATION AND MAINTENANCE. 
OPERATION AND MAINTENANCE 
(In Thousands of Dollars) 
Line 
Item 
FY 2010 
Request 
Conference 
Authorized 
Operation and Maintenance, Army 
BUDGET ACTIVITY 01: OPERATING FORCES 
LAND FORCES 
010 
MANEUVER UNITS ...........................................................
1,020,490 
1,020,490 
020 
MODULAR SUPPORT BRIGADES ...................................
105,178 
105,178 
030 
ECHELONS ABOVE BRIGADE ........................................
708,038 
708,038 
040 
THEATER LEVEL ASSETS ...............................................
718,233 
718,233 
050 
LAND FORCES OPERATIONS SUPPORT ......................
1,379,529 
1,315,129 
Budget realignment of combat training center trans-
portation funding in support of helicopter training ..
[–64,400 
] 
060 
AVIATION ASSETS ............................................................
850,750 
773,350 
Budget realignment in support of helicopter training ..
[–77,400 
] 
LAND FORCES READINESS 
070 
FORCE READINESS OPERATIONS SUPPORT .............
2,088,233 
2,088,233 
080 
LAND FORCES SYSTEMS READINESS .........................
633,704 
633,704 
090 
LAND FORCES DEPOT MAINTENANCE .......................
692,601 
695,601 
Texas Defense Manufacturing Supply Chain Initiative 
[3,000 
] 
LAND FORCES READINESS SUPPORT 
100 
BASE OPERATIONS SUPPORT .......................................
7,586,455 
7,588,155 
Fort Bliss Data Center ....................................................
[1,700 
] 
110 
FACILITIES 
SUSTAINMENT, 
RESTORATION, 
& 
MODERNIZATION ..........................................................
2,221,446 
2,221,446 
120 
MANAGEMENT AND OPERATIONAL HQ .....................
333,119 
333,119 
130 
COMBATANT COMMANDERS CORE OPERATIONS ...
123,163 
123,163 
140 
ADDITIONAL ACTIVITIES ...............................................
0 
0 
150 
COMMANDERS EMERGENCY RESPONSE PROGRAM 
0 
0 
160 
RESET ..................................................................................
0 
0 
170 
COMBATANT 
COMMANDERS 
ANCILLARY 
MIS-
SIONS ...............................................................................
460,159 
460,159 
TOTAL, BA 01: OPERATING FORCES .......................
18,921,098 
18,783,998 
BUDGET ACTIVITY 02: MOBILIZATION 
MOBILITY OPERATIONS 
180 
STRATEGIC MOBILITY ....................................................
228,376 
228,376 
190 
ARMY PREPOSITIONING STOCKS ................................
98,129 
98,129 
200 
INDUSTRIAL PREPAREDNESS ......................................
5,705 
5,705 
TOTAL, BA 02: MOBILIZATION ...................................
332,210 
332,210 
BUDGET ACTIVITY 03: TRAINING AND RE-
CRUITING 
ACCESSION TRAINING 
210 
OFFICER ACQUISITION ..................................................
125,615 
125,615 
220 
RECRUIT TRAINING .........................................................
87,488 
87,488 
230 
ONE STATION UNIT TRAINING ....................................
59,302 
59,302 
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123 STAT. 2786 
PUBLIC LAW 111–84—OCT. 28, 2009 
OPERATION AND MAINTENANCE 
(In Thousands of Dollars) 
Line 
Item 
FY 2010 
Request 
Conference 
Authorized 
240 
SENIOR RESERVE OFFICERS TRAINING CORPS ......
449,397 
449,397 
BASIC SKILL/ADVANCE TRAINING 
250 
SPECIALIZED SKILL TRAINING ....................................
970,777 
971,277 
Rule of law increase .........................................................
[500 
] 
260 
FLIGHT TRAINING ...........................................................
843,893 
985,693 
Budget realignment in support of helicopter training ..
[141,800 
] 
270 
PROFESSIONAL DEVELOPMENT EDUCATION ..........
166,812 
166,812 
280 
TRAINING SUPPORT ........................................................
702,031 
702,031 
RECRUITING/OTHER TRAINING 
290 
RECRUITING AND ADVERTISING .................................
541,852 
541,852 
300 
EXAMINING .......................................................................
147,915 
147,915 
310 
OFF-DUTY AND VOLUNTARY EDUCATION ................
238,353 
238,353 
320 
CIVILIAN EDUCATION AND TRAINING ......................
217,386 
217,386 
330 
JUNIOR ROTC ....................................................................
156,904 
156,904 
TOTAL, BA 03: TRAINING AND RECRUITING ........
4,707,725 
4,850,025 
BUDGET ACTIVITY 04: ADMINISTRATION & 
SERVICEWIDE ACTIVITIES 
SECURITY PROGRAMS 
340 
SECURITY PROGRAMS ....................................................
1,017,055 
1,017,055 
LOGISTICS OPERATIONS 
350 
SERVICEWIDE TRANSPORTATION ...............................
540,249 
540,249 
360 
CENTRAL SUPPLY ACTIVITIES .....................................
614,093 
614,093 
370 
LOGISTIC SUPPORT ACTIVITIES ..................................
481,318 
481,318 
380 
AMMUNITION MANAGEMENT ......................................
434,661 
435,661 
M24 Sniper Weapons System Upgrade ..........................
[1,000 
] 
SERVICEWIDE SUPPORT 
390 
ADMINISTRATION ............................................................
776,866 
776,866 
400 
SERVICEWIDE COMMUNICATIONS .............................
1,166,491 
1,141,491 
Servicewide communications underexecution ...............
[–25,000 
] 
410 
MANPOWER MANAGEMENT ..........................................
289,383 
289,383 
420 
OTHER PERSONNEL SUPPORT .....................................
221,779 
229,029 
Transfer from O&M, DW BTA for DIMHRS .................
[7,250 
] 
430 
OTHER SERVICE SUPPORT ............................................
993,852 
993,852 
440 
ARMY CLAIMS ACTIVITIES ............................................
215,168 
215,168 
450 
REAL ESTATE MANAGEMENT ......................................
118,785 
118,785 
SUPPORT OF OTHER NATIONS 
460 
SUPPORT OF NATO OPERATIONS ................................
430,449 
430,449 
470 
MISC. SUPPORT OF OTHER NATIONS .........................
13,700 
13,700 
TOTAL, 
BA 
04: 
ADMINISTRATION 
& 
SERVICEWIDE ACTIVITIES .....................................
7,313,849 
7,297,099 
Total Operation and Maintenance, Army ..................
31,274,882 
31,263,332 
Operation and Maintenance, Navy 
BUDGET ACTIVITY 01: OPERATING FORCES 
AIR OPERATIONS 
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123 STAT. 2787 
PUBLIC LAW 111–84—OCT. 28, 2009 
OPERATION AND MAINTENANCE 
(In Thousands of Dollars) 
Line 
Item 
FY 2010 
Request 
Conference 
Authorized 
010 
MISSION AND OTHER FLIGHT OPERATIONS ............
3,814,000 
3,814,000 
020 
FLEET AIR TRAINING ......................................................
120,868 
120,868 
030 
AVIATION TECHNICAL DATA & ENGINEERING 
SERVICES ........................................................................
52,259 
52,259 
040 
AIR OPERATIONS AND SAFETY SUPPORT .................
121,649 
121,649 
050 
AIR SYSTEMS SUPPORT ..................................................
485,321 
485,321 
060 
AIRCRAFT DEPOT MAINTENANCE ..............................
1,057,747 
1,127,774 
Aviation Depot Maintenance ..........................................
[70,027 
] 
070 
AIRCRAFT DEPOT OPERATIONS SUPPORT ................
32,083 
32,083 
SHIP OPERATIONS 
080 
MISSION AND OTHER SHIP OPERATIONS .................
3,320,222 
3,320,222 
090 
SHIP OPERATIONS SUPPORT & TRAINING ...............
699,581 
699,581 
100 
SHIP DEPOT MAINTENANCE .........................................
4,296,544 
4,296,544 
110 
SHIP DEPOT OPERATIONS SUPPORT ..........................
1,170,785 
1,170,785 
COMBAT OPERATIONS/SUPPORT 
120 
COMBAT COMMUNICATIONS ........................................
601,595 
601,595 
130 
ELECTRONIC WARFARE .................................................
86,019 
86,019 
140 
SPACE SYSTEMS AND SURVEILLANCE ......................
167,050 
167,050 
150 
WARFARE TACTICS ..........................................................
407,674 
407,674 
160 
OPERATIONAL METEOROLOGY AND OCEANOG-
RAPHY .............................................................................
315,228 
315,228 
170 
COMBAT SUPPORT FORCES ..........................................
758,789 
758,789 
180 
EQUIPMENT MAINTENANCE ........................................
186,794 
186,794 
190 
DEPOT OPERATIONS SUPPORT ....................................
3,305 
3,305 
200 
COMBATANT COMMANDERS CORE OPERATIONS ...
167,789 
167,789 
210 
COMBATANT 
COMMANDERS 
DIRECT 
MISSION 
SUPPORT .........................................................................
259,188 
252,188 
Reduction for National Program for Small Unit Excel-
lence ..............................................................................
[–7,000 
] 
WEAPONS SUPPORT 
220 
CRUISE MISSILE ...............................................................
131,895 
131,895 
230 
FLEET BALLISTIC MISSILE ...........................................
1,145,020 
1,145,020 
240 
IN-SERVICE WEAPONS SYSTEMS SUPPORT ..............
64,731 
64,731 
250 
WEAPONS MAINTENANCE .............................................
448,777 
460,777 
Gun depot overhauls ........................................................
[12,000 
] 
260 
OTHER WEAPON SYSTEMS SUPPORT .........................
326,535 
326,535 
BASE SUPPORT 
270 
ENTERPRISE INFORMATION .........................................
1,095,587 
1,095,587 
280 
SUSTAINMENT, RESTORATION AND MODERNIZA-
TION .................................................................................
1,746,418 
1,746,418 
290 
BASE OPERATING SUPPORT .........................................
4,058,046 
4,058,046 
TOTAL, BA 01: OPERATING FORCES .......................
27,141,499 
27,216,526 
BUDGET ACTIVITY 02: MOBILIZATION 
READY 
RESERVE 
AND 
PREPOSITIONING 
FORCES 
300 
SHIP PREPOSITIONING AND SURGE ...........................
407,977 
407,977 
ACTIVATIONS/INACTIVATIONS 
310 
AIRCRAFT ACTIVATIONS/INACTIVATIONS ................
7,491 
7,491 
320 
SHIP ACTIVATIONS/INACTIVATIONS ..........................
192,401 
195,401 
Navy Ship Disposal-Carrier Demonstration Program ..
[3,000 
] 
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123 STAT. 2788 
PUBLIC LAW 111–84—OCT. 28, 2009 
OPERATION AND MAINTENANCE 
(In Thousands of Dollars) 
Line 
Item 
FY 2010 
Request 
Conference 
Authorized 
MOBILIZATION PREPAREDNESS 
330 
FLEET HOSPITAL PROGRAM .........................................
24,546 
24,546 
340 
INDUSTRIAL READINESS ...............................................
2,409 
2,409 
350 
COAST GUARD SUPPORT ................................................
25,727 
25,727 
TOTAL, BA 02: MOBILIZATION ...................................
660,551 
663,551 
BUDGET ACTIVITY 03: TRAINING AND RE-
CRUITING 
ACCESSION TRAINING 
360 
OFFICER ACQUISITION ..................................................
145,027 
145,027 
370 
RECRUIT TRAINING .........................................................
11,011 
11,011 
380 
RESERVE OFFICERS TRAINING CORPS ......................
127,490 
127,490 
BASIC SKILLS AND ADVANCED TRAINING 
390 
SPECIALIZED SKILL TRAINING ....................................
477,383 
477,383 
400 
FLIGHT TRAINING ...........................................................
1,268,846 
1,268,846 
410 
PROFESSIONAL DEVELOPMENT EDUCATION ..........
161,922 
161,922 
420 
TRAINING SUPPORT ........................................................
158,685 
158,685 
RECRUITING, AND OTHER TRAINING AND EDU-
CATION 
430 
RECRUITING AND ADVERTISING .................................
276,564 
277,215 
Navy Sea Cadet Corps .....................................................
[651 
] 
440 
OFF-DUTY AND VOLUNTARY EDUCATION ................
154,979 
154,979 
450 
CIVILIAN EDUCATION AND TRAINING ......................
101,556 
101,556 
460 
JUNIOR ROTC ....................................................................
49,161 
49,161 
TOTAL, BA 03: TRAINING AND RECRUITING ........
2,932,624 
2,933,275 
BUDGET ACTIVITY 04: ADMINISTRATION & 
SERVICEWIDE ACTIVITIES 
SERVICEWIDE SUPPORT 
470 
ADMINISTRATION ............................................................
768,048 
768,048 
480 
EXTERNAL RELATIONS ..................................................
6,171 
6,171 
490 
CIVILIAN MANPOWER AND PERSONNEL MANAGE-
MENT ...............................................................................
114,675 
114,675 
500 
MILITARY MANPOWER AND PERSONNEL MAN-
AGEMENT .......................................................................
182,115 
189,365 
Transfer from O&M, DW BTA for DIMHRS .................
[7,250 
] 
510 
OTHER PERSONNEL SUPPORT .....................................
298,729 
298,729 
520 
SERVICEWIDE COMMUNICATIONS .............................
408,744 
393,744 
Servicewide communications underexecution ...............
[–15,000 
] 
530 
MEDICAL ACTIVITIES .....................................................
0 
0 
LOGISTICS OPERATIONS AND TECHNICAL SUP-
PORT 
540 
SERVICEWIDE TRANSPORTATION ...............................
246,989 
246,989 
550 
ENVIRONMENTAL PROGRAMS .....................................
0 
0 
560 
PLANNING, ENGINEERING AND DESIGN ..................
244,337 
244,337 
570 
ACQUISITION AND PROGRAM MANAGEMENT .........
778,501 
778,501 
580 
HULL, MECHANICAL AND ELECTRICAL SUPPORT
60,223 
60,223 
590 
COMBAT/WEAPONS SYSTEMS .......................................
17,328 
17,328 
600 
SPACE AND ELECTRONIC WARFARE SYSTEMS .......
79,065 
79,065 
INVESTIGATIONS AND SECURITY PROGRAMS 
610 
NAVAL INVESTIGATIVE SERVICE ................................
515,989 
515,989 
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123 STAT. 2789 
PUBLIC LAW 111–84—OCT. 28, 2009 
OPERATION AND MAINTENANCE 
(In Thousands of Dollars) 
Line 
Item 
FY 2010 
Request 
Conference 
Authorized 
SUPPORT OF OTHER NATIONS 
670 
INTERNATIONAL HEADQUARTERS AND AGENCIES 
5,918 
5,918 
CANCELLED ACCOUNTS 
680 
CANCELLED ACCOUNT ADJUSTMENTS .....................
0 
0 
690 
JUDGMENT FUND ............................................................
0 
0 
OTHER PROGRAMS 
999 
OTHER PROGRAMS ..........................................................
608,840 
608,840 
TOTAL, 
BA 
04: 
ADMINISTRATION 
& 
SERVICEWIDE ACTIVITIES .....................................
4,335,672 
4,327,922 
Unobligated balances estimate .......................................
–100,000 
Total Operation and Maintenance, Navy ...................
35,070,346 
35,041,274 
Operation and Maintenance, Marine Corps 
BUDGET ACTIVITY 01: OPERATING FORCES 
EXPEDITIONARY FORCES 
010 
OPERATIONAL FORCES ..................................................
730,931 
737,931 
Family of shelter and tents .............................................
[2,000 
] 
Flame Resistant Organizational Gear ...........................
[1,500 
] 
Ultra Lightweight Camouflage Net System ..................
[3,500 
] 
020 
FIELD LOGISTICS .............................................................
591,020 
591,020 
030 
DEPOT MAINTENANCE ...................................................
80,971 
80,971 
USMC PREPOSITIONING 
050 
MARITIME PREPOSITIONING ........................................
72,182 
72,182 
060 
NORWAY PREPOSITIONING ...........................................
5,090 
5,090 
COMBAT OPERATIONS/SUPPORT 
070 
COMBATANT 
COMMANDERS 
DIRECT 
MISSION 
SUPPORT .........................................................................
0 
0 
BASE SUPPORT 
080 
SUSTAINMENT, RESTORATION, & MODERNIZA-
TION .................................................................................
666,330 
666,330 
090 
BASE OPERATING SUPPORT .........................................
2,250,191 
2,250,191 
TOTAL, BA 01: OPERATING FORCES .......................
4,396,715 
4,403,715 
BUDGET ACTIVITY 03: TRAINING AND RE-
CRUITING 
ACCESSION TRAINING 
100 
RECRUIT TRAINING .........................................................
16,129 
16,129 
110 
OFFICER ACQUISITION ..................................................
418 
418 
BASIC SKILLS AND ADVANCED TRAINING 
120 
SPECIALIZED SKILL TRAINING ....................................
67,336 
67,336 
130 
FLIGHT TRAINING ...........................................................
369 
369 
140 
PROFESSIONAL DEVELOPMENT EDUCATION ..........
28,112 
28,112 
150 
TRAINING SUPPORT ........................................................
330,885 
330,885 
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123 STAT. 2790 
PUBLIC LAW 111–84—OCT. 28, 2009 
OPERATION AND MAINTENANCE 
(In Thousands of Dollars) 
Line 
Item 
FY 2010 
Request 
Conference 
Authorized 
RECRUITING 
AND 
OTHER 
TRAINING 
EDU-
CATION 
160 
RECRUITING AND ADVERTISING .................................
240,832 
240,832 
170 
OFF-DUTY AND VOLUNTARY EDUCATION ................
64,254 
64,254 
180 
JUNIOR ROTC ....................................................................
19,305 
19,305 
BASE SUPPORT 
190 
SUSTAINMENT, RESTORATION AND MODERNIZA-
TION .................................................................................
0 
0 
200 
BASE OPERATING SUPPORT .........................................
0 
0 
TOTAL, BA 03: TRAINING AND RECRUITING ........
767,640 
767,640 
BUDGET ACTIVITY 04: ADMINISTRATION & 
SERVICEWIDE ACTIVITIES 
SERVICEWIDE SUPPORT 
210 
SPECIAL SUPPORT ...........................................................
299,065 
299,065 
220 
SERVICEWIDE TRANSPORTATION ...............................
28,924 
28,924 
230 
ADMINISTRATION ............................................................
43,879 
43,879 
BASE SUPPORT 
240 
SUSTAINMENT, RESTORATION, AND MODERNIZA-
TION .................................................................................
0 
0 
250 
BASE OPERATING SUPPORT .........................................
0 
0 
TOTAL, 
BA 
04: 
ADMINISTRATION 
& 
SERVICEWIDE ACTIVITIES .....................................
371,868 
371,868 
Total Operation and Maintenance, Marine Corps ..
5,536,223 
5,543,223 
Operation and Maintenance, Air Force 
BUDGET ACTIVITY 01: OPERATING FORCES 
AIR OPERATIONS 
010 
PRIMARY COMBAT FORCES ...........................................
4,017,156 
4,017,156 
020 
COMBAT ENHANCEMENT FORCES ..............................
2,754,563 
2,754,563 
030 
AIR 
OPERATIONS 
TRAINING 
(OJT, 
MAINTAIN 
SKILLS) ............................................................................
1,414,913 
1,416,413 
Air Education and Training Command Range Im-
provements ...................................................................
[1,500 
] 
050 
DEPOT MAINTENANCE ...................................................
2,389,738 
2,389,738 
060 
FACILITIES 
SUSTAINMENT, 
RESTORATION 
& 
MODERNIZATION ..........................................................
1,420,083 
1,420,083 
070 
BASE SUPPORT .................................................................
2,859,943 
2,860,183 
Wage Modification for US Azores Portugese National 
Employees .....................................................................
[240 
] 
COMBAT RELATED OPERATIONS 
080 
GLOBAL C3I AND EARLY WARNING ............................
1,411,813 
1,411,813 
090 
OTHER COMBAT OPS SPT PROGRAMS ........................
880,353 
880,353 
110 
TACTICAL INTEL AND OTHER SPECIAL ACTIVI-
TIES ..................................................................................
552,148 
552,148 
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123 STAT. 2791 
PUBLIC LAW 111–84—OCT. 28, 2009 
OPERATION AND MAINTENANCE 
(In Thousands of Dollars) 
Line 
Item 
FY 2010 
Request 
Conference 
Authorized 
SPACE OPERATIONS 
120 
LAUNCH FACILITIES .......................................................
356,367 
356,367 
130 
SPACE CONTROL SYSTEMS ...........................................
725,646 
725,646 
COCOM 
140 
COMBATANT 
COMMANDERS 
DIRECT 
MISSION 
SUPPORT .........................................................................
608,796 
608,796 
150 
COMBATANT COMMANDERS CORE OPERATIONS ...
216,073 
216,073 
TOTAL, BA 01: OPERATING FORCES .......................
19,607,592 
19,609,332 
BUDGET ACTIVITY 02: MOBILIZATION 
MOBILITY OPERATIONS 
160 
AIRLIFT OPERATIONS .....................................................
2,932,080 
2,934,080 
Warner Robins Air Logistics Center Strategic Airlift 
Aircraft Availability Improvements ............................
[2,000 
] 
170 
MOBILIZATION PREPAREDNESS ..................................
211,858 
211,858 
180 
DEPOT MAINTENANCE ...................................................
332,226 
332,226 
190 
FACILITIES 
SUSTAINMENT, 
RESTORATION 
& 
MODERNIZATION ..........................................................
362,954 
362,954 
200 
BASE SUPPORT .................................................................
657,830 
657,830 
TOTAL, BA 02: MOBILIZATION ...................................
4,496,948 
4,498,948 
BUDGET ACTIVITY 03: TRAINING AND RE-
CRUITING 
ACCESSION TRAINING 
210 
OFFICER ACQUISITION ..................................................
120,870 
120,870 
220 
RECRUIT TRAINING .........................................................
18,135 
18,135 
230 
RESERVE OFFICERS TRAINING CORPS (ROTC) ........
88,414 
88,414 
240 
FACILITIES 
SUSTAINMENT, 
RESTORATION 
& 
MODERNIZATION ..........................................................
372,788 
372,788 
250 
BASE SUPPORT .................................................................
685,029 
685,029 
BASIC SKILLS AND ADVANCED TRAINING 
260 
SPECIALIZED SKILL TRAINING ....................................
514,048 
514,048 
270 
FLIGHT TRAINING ...........................................................
833,005 
833,005 
280 
PROFESSIONAL DEVELOPMENT EDUCATION ..........
215,676 
215,676 
290 
TRAINING SUPPORT ........................................................
118,877 
118,877 
300 
DEPOT MAINTENANCE ...................................................
576 
576 
RECRUITING, AND OTHER TRAINING AND EDU-
CATION 
320 
RECRUITING AND ADVERTISING .................................
152,983 
152,983 
330 
EXAMINING .......................................................................
5,584 
5,584 
340 
OFF-DUTY AND VOLUNTARY EDUCATION ................
188,198 
188,198 
350 
CIVILIAN EDUCATION AND TRAINING ......................
174,151 
174,151 
360 
JUNIOR ROTC ....................................................................
67,549 
67,549 
TOTAL, BA 03: TRAINING AND RECRUITING ........
3,555,883 
3,555,883 
BUDGET ACTIVITY 04: ADMINISTRATION & 
SERVICEWIDE ACTIVITIES 
LOGISTICS OPERATIONS 
370 
LOGISTICS OPERATIONS ................................................
1,055,672 
1,055,672 
380 
TECHNICAL SUPPORT ACTIVITIES ..............................
735,036 
735,036 
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123 STAT. 2792 
PUBLIC LAW 111–84—OCT. 28, 2009 
OPERATION AND MAINTENANCE 
(In Thousands of Dollars) 
Line 
Item 
FY 2010 
Request 
Conference 
Authorized 
400 
DEPOT MAINTENANCE ...................................................
15,411 
15,411 
410 
FACILITIES 
SUSTAINMENT, 
RESTORATION 
& 
MODERNIZATION ..........................................................
359,562 
359,562 
420 
BASE SUPPORT .................................................................
1,410,097 
1,410,097 
SERVICEWIDE ACTIVITIES 
430 
ADMINISTRATION ............................................................
646,080 
643,330 
Servicewide administration .............................................
[–10,000 
] 
Transfer from O&M, DW BTA for DIMHRS .................
[7,250 
] 
440 
SERVICEWIDE COMMUNICATIONS .............................
581,951 
581,951 
450 
OTHER SERVICEWIDE ACTIVITIES .............................
1,062,803 
1,062,803 
460 
CIVIL AIR PATROL ...........................................................
22,433 
22,433 
SECURITY PROGRAMS 
470 
SECURITY PROGRAMS ....................................................
1,148,704 
1,148,704 
SUPPORT TO OTHER NATIONS 
480 
INTERNATIONAL SUPPORT ...........................................
49,987 
49,987 
TOTAL, 
BA 
04: 
ADMINISTRATION 
& 
SERVICEWIDE ACTIVITIES .....................................
7,087,736 
7,084,986 
USAF Civilian Underexecution ......................................
–50,000 
Unobligated Balances Estimate ......................................
–172,000 
Total Operation and Maintenance, Air Force ..........
34,748,159 
34,527,149 
Operation and Maintenance, Defense-wide 
BUDGET ACTIVITY 1: OPERATING FORCES 
DEFENSE-WIDE ACTIVITIES 
010 
JOINT CHIEFS OF STAFF ...............................................
457,169 
457,169 
020 
SPECIAL OPERATIONS COMMAND ..............................
3,611,492 
3,612,992 
Special Operations Forces Modular Glove System .......
[1,500 
] 
TOTAL, BUDGET ACTIVITY 1: .....................................
4,068,661 
4,070,161 
BUDGET ACTIVITY 3: TRAINING AND RECRUIT-
ING 
DEFENSE-WIDE ACTIVITIES 
030 
DEFENSE ACQUISITION UNIVERSITY ........................
115,497 
115,497 
RECRUITING 
AND 
OTHER 
TRAINING 
EDU-
CATION 
040 
NATIONAL DEFENSE UNIVERSITY ..............................
103,408 
103,408 
TOTAL, BUDGET ACTIVITY 3: .....................................
218,905 
218,905 
BUDGET ACTIVITY 4: ADMIN & SERVICEWIDE 
ACTIVITIES 
DEFENSE-WIDE ACTIVITIES 
050 
AMERICAN FORCES INFORMATION SERVICE ..........
0 
0 
060 
CIVIL MILITARY PROGRAMS .........................................
132,231 
152,231 
National Guard Youth Challenge Program ...................
[5,000 
] 
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123 STAT. 2793 
PUBLIC LAW 111–84—OCT. 28, 2009 
OPERATION AND MAINTENANCE 
(In Thousands of Dollars) 
Line 
Item 
FY 2010 
Request 
Conference 
Authorized 
Junior ROTC ....................................................................
[15,000 
] 
080 
CLASSIFIED AND INTELLIGENCE ...............................
0 
0 
090 
DEFENSE BUSINESS TRANSFORMATION AGENCY
139,579 
117,829 
DIMHRS Transfer to Services (Army, Navy and Air 
Force) .............................................................................
[–21,750 
] 
100 
DEFENSE CONTRACT AUDIT AGENCY .......................
458,316 
458,316 
110 
DEFENSE FINANCE AND ACCOUNTING SERVICE ...
0 
0 
120 
DEFENSE HUMAN RESOURCES ACTIVITY ................
665,743 
665,743 
130 
DEFENSE INFORMATION SYSTEMS AGENCY ...........
1,322,163 
1,322,163 
150 
DEFENSE LEGAL SERVICES ..........................................
42,532 
42,532 
160 
DEFENSE LOGISTICS AGENCY .....................................
405,873 
414,873 
Procurement and Technical Assistance Program ..........
[9,000 
] 
170 
DEFENSE MEDIA ACTIVITY ...........................................
253,667 
253,667 
180 
DEFENSE POW/MIA OFFICE ..........................................
20,679 
20,679 
190 
DEFENSE TECHNOLOGY SECURITY AGENCY ..........
34,325 
34,325 
200 
DEFENSE THREAT REDUCTION AGENCY ..................
385,453 
385,453 
210 
DEPARTMENT OF DEFENSE EDUCATION AGENCY 
2,302,116 
2,305,516 
SoAR Recruiting Initiative ..............................................
[3,400 
] 
220 
DEFENSE CONTRACT MANAGEMENT AGENCY .......
1,058,721 
1,058,721 
230 
DEFENSE SECURITY COOPERATION AGENCY .........
721,756 
621,756 
Security and Stabilization (1207) ...................................
[–100,000 
] 
240 
DEFENSE SECURITY SERVICE .....................................
497,857 
497,857 
NATIONAL GUARD BORDER SECURITY .....................
0 
0 
260 
OFFICE OF ECONOMIC ADJUSTMENT ........................
37,166 
38,166 
Redevelopment of Naval Station Ingleside ....................
[1,000 
] 
270 
OFFICE OF THE SECRETARY OF DEFENSE ...............
1,955,985 
1,977,985 
Readiness and Environmental Protection Initiative .....
[20,000 
] 
Critical Language Training .............................................
[2,000 
] 
280 
WASHINGTON HEADQUARTERS SERVICE .................
589,309 
589,309 
OTHER PROGRAMS 
999 
OTHER PROGRAMS ..........................................................
13,046,209 
13,046,209 
TOTAL, BUDGET ACTIVITY 4: .....................................
24,069,680 
24,003,330 
Impact Aid ........................................................................
30,000 
Impact aid for children with severe disabilities ............
5,000 
Total Operation and Maintenance, Defense-Wide ...
28,357,246 
28,327,396 
Operation and Maintenance, Army Reserve 
BUDGET ACTIVITY 01: OPERATING FORCES 
LAND FORCES 
010 
MANEUVER UNITS ...........................................................
1,403 
1,403 
020 
MODULAR SUPPORT BRIGADES ...................................
12,707 
12,707 
030 
ECHELONS ABOVE BRIGADE ........................................
468,288 
468,288 
040 
THEATER LEVEL ASSETS ...............................................
152,439 
152,439 
050 
LAND FORCES OPERATIONS SUPPORT ......................
520,420 
520,420 
060 
AVIATION ASSETS ............................................................
61,063 
61,063 
LAND FORCES READINESS 
070 
FORCE READINESS OPERATIONS SUPPORT .............
290,443 
290,443 
080 
LAND FORCES SYSTEMS READINESS .........................
106,569 
106,569 
090 
LAND FORCES DEPOT MAINTENANCE .......................
94,499 
94,499 
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123 STAT. 2794 
PUBLIC LAW 111–84—OCT. 28, 2009 
OPERATION AND MAINTENANCE 
(In Thousands of Dollars) 
Line 
Item 
FY 2010 
Request 
Conference 
Authorized 
LAND FORCES READINESS SUPPORT 
100 
BASE OPERATIONS SUPPORT .......................................
522,310 
522,310 
110 
FACILITIES 
SUSTAINMENT, 
RESTORATION, 
& 
MODERNIZATION ..........................................................
234,748 
234,748 
120 
ADDITIONAL ACTIVITIES ...............................................
0 
0 
TOTAL, BA 01: OPERATING FORCES .......................
2,464,889 
2,464,889 
LOGISTICS OPERATIONS 
130 
SERVICEWIDE TRANSPORTATION ...............................
9,291 
9,291 
SERVICEWIDE SUPPORT 
140 
ADMINISTRATION ............................................................
72,075 
72,075 
150 
SERVICEWIDE COMMUNICATIONS .............................
3,635 
3,635 
160 
MANPOWER MANAGEMENT ..........................................
9,104 
9,104 
170 
RECRUITING AND ADVERTISING .................................
61,202 
61,202 
TOTAL, 
BA 
04: 
ADMINISTRATION 
& 
SERVICEWIDE ACTIVITIES .....................................
155,307 
155,307 
Total Operation and Maintenance, Army Reserve ..
2,620,196 
2,620,196 
Operation and Maintenance, Navy Reserve 
BUDGET ACTIVITY 01: OPERATING FORCES 
AIR OPERATIONS 
010 
MISSION AND OTHER FLIGHT OPERATIONS ............
570,319 
570,319 
020 
INTERMEDIATE MAINTENANCE ..................................
16,596 
16,596 
030 
AIR OPERATIONS AND SAFETY SUPPORT .................
3,171 
3,171 
040 
AIRCRAFT DEPOT MAINTENANCE ..............................
125,004 
125,004 
050 
AIRCRAFT DEPOT OPERATIONS SUPPORT ................
397 
397 
SHIP OPERATIONS 
060 
MISSION AND OTHER SHIP OPERATIONS .................
55,873 
55,873 
070 
SHIP OPERATIONS SUPPORT & TRAINING ...............
592 
592 
080 
SHIP DEPOT MAINTENANCE .........................................
41,899 
41,899 
COMBAT OPERATIONS SUPPORT 
090 
COMBAT COMMUNICATIONS ........................................
15,241 
15,241 
100 
COMBAT SUPPORT FORCES ..........................................
142,924 
142,924 
WEAPONS SUPPORT 
110 
WEAPONS MAINTENANCE .............................................
5,494 
5,494 
BASE SUPPORT 
120 
ENTERPRISE INFORMATION .........................................
83,611 
83,611 
130 
SUSTAINMENT, RESTORATION AND MODERNIZA-
TION .................................................................................
69,853 
69,853 
140 
BASE OPERATING SUPPORT .........................................
124,757 
124,757 
TOTAL, BA 01: OPERATING FORCES .......................
1,255,731 
1,255,731 
BUDGET ACTIVITY 04: ADMINISTRATION & 
SERVICEWIDE ACTIVITIES 
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123 STAT. 2795 
PUBLIC LAW 111–84—OCT. 28, 2009 
OPERATION AND MAINTENANCE 
(In Thousands of Dollars) 
Line 
Item 
FY 2010 
Request 
Conference 
Authorized 
SERVICEWIDE SUPPORT 
150 
ADMINISTRATION ............................................................
3,323 
3,323 
160 
MILITARY MANPOWER AND PERSONNEL MAN-
AGEMENT .......................................................................
13,897 
13,897 
170 
SERVICEWIDE COMMUNICATIONS .............................
1,957 
1,957 
180 
OTHER SERVICEWIDE POWER .....................................
0 
0 
LOGISTICS OPERATIONS AND TECHNICAL SUP-
PORT 
190 
ACQUISITION AND PROGRAM MANAGEMENT .........
3,593 
3,593 
CANCELLED ACCOUNTS 
200 
CANCELLED ACCOUNT ADJUSTMENTS .....................
0 
0 
210 
JUDGMENT FUND ............................................................
0 
0 
OTHER PROGRAMS 
999 
OTHER PROGRAMS ..........................................................
0 
0 
TOTAL, 
BA 
04: 
ADMINISTRATION 
& 
SERVICEWIDE ACTIVITIES .....................................
22,770 
22,770 
Total Operation and Maintenance, Navy Reserve ..
1,278,501 
1,278,501 
Operation and Maintenance, Marine Corps Re-
serve 
BUDGET ACTIVITY 01: OPERATING FORCES 
EXPEDITIONARY FORCES 
010 
OPERATING FORCES .......................................................
61,117 
61,117 
020 
DEPOT MAINTENANCE ...................................................
13,217 
13,217 
030 
TRAINING SUPPORT ........................................................
29,373 
29,373 
BASE SUPPORT 
040 
SUSTAINMENT, RESTORATION AND MODERNIZA-
TION .................................................................................
25,466 
25,466 
050 
BASE OPERATING SUPPORT .........................................
73,899 
73,899 
TOTAL, BA 01: OPERATING FORCES .......................
203,072 
203,072 
BUDGET ACTIVITY 04: ADMINISTRATION & 
SERVICEWIDE ACTIVITIES 
SERVICEWIDE ACTIVITIES 
060 
SPECIAL SUPPORT ...........................................................
5,639 
5,639 
070 
SERVICEWIDE TRANSPORTATION ...............................
818 
818 
080 
ADMINISTRATION ............................................................
10,642 
10,642 
090 
RECRUITING AND ADVERTISING .................................
8,754 
8,754 
BASE SUPPORT 
100 
BASE OPERATING SUPPORT .........................................
0 
0 
TOTAL, 
BA 
04: 
ADMINISTRATION 
& 
SERVICEWIDE ACTIVITIES .....................................
25,853 
25,853 
Total Operation and Maintenance, Marine Corps 
Reserve ............................................................................
228,925 
228,925 
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123 STAT. 2796 
PUBLIC LAW 111–84—OCT. 28, 2009 
OPERATION AND MAINTENANCE 
(In Thousands of Dollars) 
Line 
Item 
FY 2010 
Request 
Conference 
Authorized 
Operation and Maintenance, Air Force Reserve 
BUDGET ACTIVITY 01: OPERATING FORCES 
AIR OPERATIONS 
010 
PRIMARY COMBAT FORCES ...........................................
2,049,303 
2,049,303 
020 
MISSION SUPPORT OPERATIONS .................................
121,417 
121,417 
030 
DEPOT MAINTENANCE ...................................................
441,958 
441,958 
040 
FACILITIES 
SUSTAINMENT, 
RESTORATION 
& 
MODERNIZATION ..........................................................
78,763 
78,763 
050 
BASE SUPPORT .................................................................
258,091 
258,091 
TOTAL, BA 01: OPERATING FORCES .......................
2,949,532 
2,949,532 
BUDGET ACTIVITY 04: ADMINISTRATION & 
SERVICEWIDE ACTIVITIES 
SERVICEWIDE ACTIVITIES 
060 
ADMINISTRATION ............................................................
77,476 
77,476 
070 
RECRUITING AND ADVERTISING .................................
24,553 
24,553 
080 
MILITARY MANPOWER AND PERS MGMT (ARPC) ....
20,838 
20,838 
090 
OTHER PERS SUPPORT (DISABILITY COMP) .............
6,121 
6,121 
100 
AUDIOVISUAL ...................................................................
708 
708 
TOTAL, 
BA 
04: 
ADMINISTRATION 
& 
SERVICEWIDE ACTIVITIES .....................................
129,696 
129,696 
Total Operation and Maintenance, Air Force Re-
serve .................................................................................
3,079,228 
3,079,228 
Operation and Maintenance, Army National Guard 
BUDGET ACTIVITY 01: OPERATING FORCES 
LAND FORCES 
010 
MANEUVER UNITS ...........................................................
876,269 
876,269 
020 
MODULAR SUPPORT BRIGADES ...................................
173,843 
173,843 
030 
ECHELONS ABOVE BRIGADE ........................................
615,160 
615,160 
040 
THEATER LEVEL ASSETS ...............................................
253,997 
253,997 
050 
LAND FORCES OPERATIONS SUPPORT ......................
34,441 
34,441 
060 
AVIATION ASSETS ............................................................
819,031 
821,281 
Joint Command Vehicle and Supporting C3 Systems ..
[2,250 
] 
LAND FORCES READINESS 
070 
FORCE READINESS OPERATIONS SUPPORT .............
436,799 
436,799 
080 
LAND FORCES SYSTEMS READINESS .........................
99,757 
99,757 
090 
LAND FORCES DEPOT MAINTENANCE .......................
379,646 
379,646 
LAND FORCES READINESS SUPPORT 
100 
BASE OPERATIONS SUPPORT .......................................
798,343 
800,943 
North Carolina National Guard Family Assistance 
Centers ..........................................................................
[1,600 
] 
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123 STAT. 2797 
PUBLIC LAW 111–84—OCT. 28, 2009 
OPERATION AND MAINTENANCE 
(In Thousands of Dollars) 
Line 
Item 
FY 2010 
Request 
Conference 
Authorized 
Our Military Kids ............................................................
[1,000 
] 
110 
FACILITIES 
SUSTAINMENT, 
RESTORATION, 
& 
MODERNIZATION ..........................................................
580,171 
580,471 
Camp Ethan Allen Training Site Road Equipment ......
[300 
] 
120 
MANAGEMENT AND OPERATIONAL HQ .....................
573,452 
573,452 
130 
ADDITIONAL ACTIVITIES ...............................................
0 
0 
TOTAL, BA 01: OPERATING FORCES .......................
5,640,909 
5,646,059 
BUDGET ACTIVITY 04: ADMINISTRATION & 
SERVICEWIDE ACTIVITIES 
SERVICEWIDE SUPPORT 
140 
ADMINISTRATION ............................................................
119,186 
119,186 
150 
SERVICEWIDE COMMUNICATIONS .............................
48,020 
48,020 
160 
MANPOWER MANAGEMENT ..........................................
7,920 
7,920 
170 
RECRUITING AND ADVERTISING .................................
440,999 
440,999 
TOTAL, 
BA 
04: 
ADMINISTRATION 
& 
SERVICEWIDE ACTIVITIES .....................................
616,125 
616,125 
Total Operation and Maintenance, Army National 
Guard ...............................................................................
6,257,034 
6,262,184 
Operation and Maintenance, Air National Guard 
BUDGET ACTIVITY 01: OPERATING FORCES 
AIR OPERATIONS 
010 
AIRCRAFT OPERATIONS .................................................
3,347,685 
3,347,685 
020 
MISSION SUPPORT OPERATIONS .................................
779,917 
779,917 
030 
DEPOT MAINTENANCE ...................................................
780,347 
780,347 
040 
FACILITIES 
SUSTAINMENT, 
RESTORATION 
& 
MODERNIZATION ..........................................................
302,949 
302,949 
050 
BASE SUPPORT .................................................................
606,916 
606,916 
TOTAL, BA 01: OPERATING FORCES .......................
5,817,814 
5,817,814 
BUDGET ACTIVITY 04: ADMINISTRATION & 
SERVICEWIDE ACTIVITIES 
SERVICEWIDE ACTIVITIES 
060 
ADMINISTRATION ............................................................
35,174 
35,174 
070 
RECRUITING AND ADVERTISING .................................
32,773 
32,773 
TOTAL, 
BA 
04: 
ADMINISTRATION 
& 
SERVICEWIDE ACTIVITIES .....................................
67,947 
67,947 
Total Operation and Maintenance, Air National 
Guard ...............................................................................
5,885,761 
5,885,761 
MISCELLANEOUS APPROPRIATIONS 
010 
US COURT OF APPEALS FOR THE ARMED FORCES, 
DEFENSE ........................................................................
13,932 
13,932 
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123 STAT. 2798 
PUBLIC LAW 111–84—OCT. 28, 2009 
OPERATION AND MAINTENANCE 
(In Thousands of Dollars) 
Line 
Item 
FY 2010 
Request 
Conference 
Authorized 
010 
ACQUISITION WORKFORCE DEVELOPMENT FUND 
100,000 
100,000 
010 
OVERSEAS HUMANITARIAN, DISASTER AND CIVIC 
AID ....................................................................................
109,869 
109,869 
010 
COOPERATIVE THREAT REDUCTION ..........................
404,093 
424,093 
Program increase .............................................................
[20,000 
] 
020 
ENVIRONMENTAL RESTORATION, ARMY ..................
415,864 
415,864 
030 
ENVIRONMENTAL RESTORATION, NAVY ..................
285,869 
285,869 
040 
ENVIRONMENTAL RESTORATION, AIR FORCE ........
494,276 
494,276 
050 
ENVIRONMENTAL RESTORATION, DEFENSE ...........
11,100 
11,100 
060 
ENVIRONMENTAL 
RESTORATION 
FORMERLY 
USED SITES ....................................................................
267,700 
267,700 
070 
OVERSEAS CONTINGENCY OPERATIONS TRANS-
FER FUND .......................................................................
5,000 
0 
Program decrease .............................................................
[–5,000 
] 
080 
IRAQ FREEDOM FUND ....................................................
0 
0 
TOTAL, MISCELLANEOUS APPROPRIATIONS .....
2,107,703 
2,122,703 
TOTAL TITLE III—OPERATION AND MAINTE-
NANCE ............................................................................
156,444,204 
156,179,872 
SEC. 4302. OPERATION AND MAINTENANCE FOR OVERSEAS CONTIN-
GENCY OPERATIONS. 
OPERATION AND MAINTENANCE FOR OVERSEAS CONTINGENCY OPERATIONS 
(In Thousands of Dollars) 
Line 
Item 
FY 2010 
Request 
Conference 
Authorized 
Operation and Maintenance, Army 
BUDGET ACTIVITY 01: OPERATING FORCES 
LAND FORCES READINESS SUPPORT 
140 
ADDITIONAL ACTIVITIES ...................................................
36,330,899 
36,330,899 
150 
COMMANDERS EMERGENCY RESPONSE PROGRAM ...
1,500,000 
1,300,000 
Program reduction ................................................................
[–200,000] 
160 
RESET ......................................................................................
7,867,551 
7,867,551 
TOTAL, BA 01: OPERATING FORCES ............................
45,698,450 
45,498,450 
BUDGET 
ACTIVITY 
04: 
ADMINISTRATION 
& 
SERVICEWIDE ACTIVITIES 
SECURITY PROGRAMS 
340 
SECURITY PROGRAMS .........................................................
1,426,309 
1,426,309 
LOGISTICS OPERATIONS 
350 
SERVICEWIDE TRANSPORTATION ...................................
5,045,902 
5,045,902 
TOTAL, BA 04: ADMINISTRATION & SERVICEWIDE 
ACTIVITIES ........................................................................
6,472,211 
6,472,211 
Army end strength budget amendment ..............................
[196,100] 
Total Operation and Maintenance, Army .......................
52,170,661 
52,166,761 
Operation and Maintenance, Navy 
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123 STAT. 2799 
PUBLIC LAW 111–84—OCT. 28, 2009 
OPERATION AND MAINTENANCE FOR OVERSEAS CONTINGENCY OPERATIONS 
(In Thousands of Dollars) 
Line 
Item 
FY 2010 
Request 
Conference 
Authorized 
BUDGET ACTIVITY 01: OPERATING FORCES 
AIR OPERATIONS 
010 
MISSION AND OTHER FLIGHT OPERATIONS ................
1,138,398 
1,138,398 
020 
FLEET AIR TRAINING ..........................................................
2,640 
2,640 
030 
AVIATION TECHNICAL DATA & ENGINEERING SERV-
ICES ......................................................................................
1,212 
1,212 
040 
AIR OPERATIONS AND SAFETY SUPPORT ......................
26,815 
26,815 
050 
AIR SYSTEMS SUPPORT ......................................................
44,532 
44,532 
060 
AIRCRAFT DEPOT MAINTENANCE ...................................
158,559 
158,559 
SHIP OPERATIONS 
080 
MISSION AND OTHER SHIP OPERATIONS ......................
651,209 
651,209 
090 
SHIP OPERATIONS SUPPORT & TRAINING ....................
22,489 
22,489 
100 
SHIP DEPOT MAINTENANCE .............................................
1,001,037 
1,001,037 
Transfer to base ....................................................................
COMBAT OPERATIONS/SUPPORT 
120 
COMBAT COMMUNICATIONS .............................................
20,704 
20,704 
150 
WARFARE TACTICS ..............................................................
15,918 
15,918 
160 
OPERATIONAL 
METEOROLOGY 
AND 
OCEANOG-
RAPHY ..................................................................................
16,889 
16,889 
170 
COMBAT SUPPORT FORCES ...............................................
1,891,799 
1,891,799 
180 
EQUIPMENT MAINTENANCE .............................................
306 
306 
200 
COMBATANT COMMANDERS CORE OPERATIONS .......
6,929 
6,929 
210 
COMBATANT COMMANDERS DIRECT MISSION SUP-
PORT .....................................................................................
7,344 
7,344 
WEAPONS SUPPORT 
240 
IN-SERVICE WEAPONS SYSTEMS SUPPORT ..................
68,759 
68,759 
250 
WEAPONS MAINTENANCE .................................................
82,496 
82,496 
260 
OTHER WEAPON SYSTEMS SUPPORT .............................
16,902 
16,902 
BASE SUPPORT 
280 
SUSTAINMENT, RESTORATION AND MODERNIZA-
TION ......................................................................................
7,629 
7,629 
290 
BASE OPERATING SUPPORT ..............................................
338,604 
338,604 
TOTAL, BA 01: OPERATING FORCES ............................
5,521,170 
5,521,170 
BUDGET ACTIVITY 02: MOBILIZATION 
READY RESERVE AND PREPOSITIONING FORCES 
300 
SHIP PREPOSITIONING AND SURGE ...............................
27,290 
27,290 
MOBILIZATION PREPAREDNESS 
330 
FLEET HOSPITAL PROGRAM .............................................
4,336 
4,336 
350 
COAST GUARD SUPPORT ....................................................
245,039 
245,039 
TOTAL, BA 02: MOBILIZATION ........................................
276,665 
276,665 
BUDGET ACTIVITY 03: TRAINING AND RECRUIT-
ING 
BASIC SKILLS AND ADVANCED TRAINING 
390 
SPECIALIZED SKILL TRAINING ........................................
97,995 
97,995 
420 
TRAINING SUPPORT .............................................................
5,463 
5,463 
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123 STAT. 2800 
PUBLIC LAW 111–84—OCT. 28, 2009 
OPERATION AND MAINTENANCE FOR OVERSEAS CONTINGENCY OPERATIONS 
(In Thousands of Dollars) 
Line 
Item 
FY 2010 
Request 
Conference 
Authorized 
TOTAL, BA 03: TRAINING AND RECRUITING ............
103,458 
103,458 
BUDGET 
ACTIVITY 
04: 
ADMINISTRATION 
& 
SERVICEWIDE ACTIVITIES 
SERVICEWIDE SUPPORT 
470 
ADMINISTRATION .................................................................
3,899 
3,899 
480 
EXTERNAL RELATIONS .......................................................
463 
463 
500 
MILITARY MANPOWER AND PERSONNEL MANAGE-
MENT ....................................................................................
563 
563 
510 
OTHER PERSONNEL SUPPORT ..........................................
2,525 
2,525 
520 
SERVICEWIDE COMMUNICATIONS ..................................
23,557 
23,557 
LOGISTICS OPERATIONS AND TECHNICAL SUP-
PORT 
540 
SERVICEWIDE TRANSPORTATION ...................................
223,890 
223,890 
570 
ACQUISITION AND PROGRAM MANAGEMENT ..............
642 
642 
INVESTIGATIONS AND SECURITY PROGRAMS 
610 
NAVAL INVESTIGATIVE SERVICE ....................................
37,452 
37,452 
OTHER PROGRAMS 
999 
OTHER PROGRAMS ...............................................................
25,299 
25,299 
TOTAL, BA 04: ADMINISTRATION & SERVICEWIDE 
ACTIVITIES ........................................................................
318,290 
318,290 
Total Operation and Maintenance, Navy .......................
6,219,583 
6,219,583 
Operation and Maintenance, Marine Corps 
BUDGET ACTIVITY 01: OPERATING FORCES 
EXPEDITIONARY FORCES 
010 
OPERATIONAL FORCES .......................................................
2,048,844 
2,048,844 
020 
FIELD LOGISTICS .................................................................
486,014 
486,014 
030 
DEPOT MAINTENANCE ........................................................
554,000 
554,000 
USMC PREPOSITIONING 
060 
NORWAY PREPOSITIONING ...............................................
950 
950 
BASE SUPPORT 
090 
BASE OPERATING SUPPORT ..............................................
121,700 
121,700 
TOTAL, BA 01: OPERATING FORCES ............................
3,211,508 
3,211,508 
BUDGET ACTIVITY 03: TRAINING AND RECRUIT-
ING 
BASIC SKILLS AND ADVANCED TRAINING 
120 
SPECIALIZED SKILL TRAINING ........................................
6,303 
6,303 
140 
PROFESSIONAL DEVELOPMENT EDUCATION ..............
923 
923 
150 
TRAINING SUPPORT .............................................................
205,625 
205,625 
TOTAL, BA 03: TRAINING AND RECRUITING ............
212,851 
212,851 
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123 STAT. 2801 
PUBLIC LAW 111–84—OCT. 28, 2009 
OPERATION AND MAINTENANCE FOR OVERSEAS CONTINGENCY OPERATIONS 
(In Thousands of Dollars) 
Line 
Item 
FY 2010 
Request 
Conference 
Authorized 
BUDGET 
ACTIVITY 
04: 
ADMINISTRATION 
& 
SERVICEWIDE ACTIVITIES 
SERVICEWIDE SUPPORT 
210 
SPECIAL SUPPORT ...............................................................
2,576 
2,576 
220 
SERVICEWIDE TRANSPORTATION ...................................
269,415 
269,415 
230 
ADMINISTRATION .................................................................
5,250 
5,250 
TOTAL, BA 04: ADMINISTRATION & SERVICEWIDE 
ACTIVITIES ........................................................................
277,241 
277,241 
Total Operation and Maintenance, Marine Corps .......
3,701,600 
3,701,600 
Operation and Maintenance, Air Force 
BUDGET ACTIVITY 01: OPERATING FORCES 
AIR OPERATIONS 
010 
PRIMARY COMBAT FORCES ...............................................
1,582,431 
1,582,431 
020 
COMBAT ENHANCEMENT FORCES ..................................
1,460,018 
1,460,018 
030 
AIR 
OPERATIONS 
TRAINING 
(OJT, 
MAINTAIN 
SKILLS) ................................................................................
109,255 
109,255 
050 
DEPOT MAINTENANCE ........................................................
304,540 
304,540 
060 
FACILITIES SUSTAINMENT, RESTORATION & MOD-
ERNIZATION .......................................................................
121,881 
121,881 
070 
BASE SUPPORT ......................................................................
1,394,809 
1,394,809 
COMBAT RELATED OPERATIONS 
080 
GLOBAL C3I AND EARLY WARNING ................................
130,885 
130,885 
090 
OTHER COMBAT OPS SPT PROGRAMS ............................
407,554 
407,554 
SPACE OPERATIONS 
130 
SPACE CONTROL SYSTEMS ................................................
38,677 
38,677 
COCOM 
140 
COMBATANT COMMANDERS DIRECT MISSION SUP-
PORT .....................................................................................
157,000 
157,000 
TOTAL, BA 01: OPERATING FORCES ............................
5,707,050 
5,707,050 
BUDGET ACTIVITY 02: MOBILIZATION 
MOBILITY OPERATIONS 
160 
AIRLIFT OPERATIONS .........................................................
3,171,148 
3,171,148 
170 
MOBILIZATION PREPAREDNESS ......................................
169,659 
169,659 
180 
DEPOT MAINTENANCE ........................................................
167,070 
167,070 
190 
FACILITIES SUSTAINMENT, RESTORATION & MOD-
ERNIZATION .......................................................................
942 
942 
200 
BASE SUPPORT ......................................................................
45,998 
45,998 
TOTAL, BA 02: MOBILIZATION ........................................
3,554,817 
3,554,817 
BUDGET ACTIVITY 03: TRAINING AND RECRUIT-
ING 
ACCESSION TRAINING 
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123 STAT. 2802 
PUBLIC LAW 111–84—OCT. 28, 2009 
OPERATION AND MAINTENANCE FOR OVERSEAS CONTINGENCY OPERATIONS 
(In Thousands of Dollars) 
Line 
Item 
FY 2010 
Request 
Conference 
Authorized 
240 
FACILITIES SUSTAINMENT, RESTORATION & MOD-
ERNIZATION .......................................................................
1,019 
1,019 
250 
BASE SUPPORT ......................................................................
19,361 
19,361 
BASIC SKILLS AND ADVANCED TRAINING 
260 
SPECIALIZED SKILL TRAINING ........................................
48,442 
48,442 
270 
FLIGHT TRAINING ................................................................
291 
291 
280 
PROFESSIONAL DEVELOPMENT EDUCATION ..............
1,500 
1,500 
290 
TRAINING SUPPORT .............................................................
1,427 
1,427 
TOTAL, BA 03: TRAINING AND RECRUITING ............
72,040 
72,040 
BUDGET 
ACTIVITY 
04: 
ADMINISTRATION 
& 
SERVICEWIDE ACTIVITIES 
LOGISTICS OPERATIONS 
370 
LOGISTICS OPERATIONS ....................................................
328,009 
328,009 
420 
BASE SUPPORT ......................................................................
35,322 
35,322 
SERVICEWIDE ACTIVITIES 
430 
ADMINISTRATION .................................................................
9,000 
9,000 
440 
SERVICEWIDE COMMUNICATIONS ..................................
178,470 
178,470 
SECURITY PROGRAMS 
470 
SECURITY PROGRAMS .........................................................
142,160 
142,160 
TOTAL, BA 04: ADMINISTRATION & SERVICEWIDE 
ACTIVITIES ........................................................................
692,961 
692,961 
Total Operation and Maintenance, Air Force ...............
10,026,868 
10,026,868 
Operation and Maintenance, Defense-wide 
BUDGET ACTIVITY 1: OPERATING FORCES 
DEFENSE-WIDE ACTIVITIES 
010 
JOINT CHIEFS OF STAFF ....................................................
25,000 
25,000 
020 
SPECIAL OPERATIONS COMMAND ...................................
2,519,935 
2,519,935 
TOTAL, BUDGET ACTIVITY 1: .........................................
2,544,935 
2,544,935 
BUDGET ACTIVITY 4: ADMIN & SERVICEWIDE AC-
TIVITIES 
DEFENSE-WIDE ACTIVITIES 
100 
DEFENSE CONTRACT AUDIT AGENCY ............................
13,908 
13,908 
130 
DEFENSE INFORMATION SYSTEMS AGENCY ...............
245,117 
245,117 
150 
DEFENSE LEGAL SERVICES ..............................................
115,000 
115,000 
170 
DEFENSE MEDIA ACTIVITY ...............................................
13,364 
13,364 
200 
DEFENSE THREAT REDUCTION AGENCY ......................
2,018 
2,018 
210 
DEPARTMENT OF DEFENSE EDUCATION AGENCY .....
553,600 
553,600 
220 
DEFENSE CONTRACT MANAGEMENT AGENCY ............
63,130 
63,130 
230 
DEFENSE SECURITY COOPERATION AGENCY ..............
1,950,000 
1,950,000 
270 
OFFICE OF THE SECRETARY OF DEFENSE ...................
79,047 
79,047 
OTHER PROGRAMS 
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123 STAT. 2803 
PUBLIC LAW 111–84—OCT. 28, 2009 
OPERATION AND MAINTENANCE FOR OVERSEAS CONTINGENCY OPERATIONS 
(In Thousands of Dollars) 
Line 
Item 
FY 2010 
Request 
Conference 
Authorized 
999 
OTHER PROGRAMS ...............................................................
1,998,181 
1,998,181 
TOTAL, BUDGET ACTIVITY 4: .........................................
5,033,365 
5,033,365 
Army end strength budget amendment ..............................
5,100 
Total Operation and Maintenance, Defense-Wide .......
7,578,300 
7,583,400 
Operation and Maintenance, Army Reserve 
BUDGET ACTIVITY 01: OPERATING FORCES 
LAND FORCES 
030 
ECHELONS ABOVE BRIGADE .............................................
86,881 
86,881 
050 
LAND FORCES OPERATIONS SUPPORT ...........................
40,675 
40,675 
LAND FORCES READINESS 
070 
FORCE READINESS OPERATIONS SUPPORT .................
21,270 
21,270 
080 
LAND FORCES SYSTEMS READINESS .............................
17,500 
17,500 
LAND FORCES READINESS SUPPORT 
100 
BASE OPERATIONS SUPPORT ............................................
38,000 
38,000 
TOTAL, BA 01: OPERATING FORCES ............................
204,326 
204,326 
Total Operation and Maintenance, Army Reserve ......
204,326 
204,326 
Operation and Maintenance, Navy Reserve 
BUDGET ACTIVITY 01: OPERATING FORCES 
AIR OPERATIONS 
010 
MISSION AND OTHER FLIGHT OPERATIONS ................
26,673 
26,673 
020 
INTERMEDIATE MAINTENANCE .......................................
400 
400 
040 
AIRCRAFT DEPOT MAINTENANCE ...................................
3,600 
3,600 
SHIP OPERATIONS 
060 
MISSION AND OTHER SHIP OPERATIONS ......................
7,416 
7,416 
080 
SHIP DEPOT MAINTENANCE .............................................
8,917 
8,917 
COMBAT OPERATIONS SUPPORT 
090 
COMBAT COMMUNICATIONS .............................................
3,147 
3,147 
100 
COMBAT SUPPORT FORCES ...............................................
13,428 
13,428 
BASE SUPPORT 
140 
BASE OPERATING SUPPORT ..............................................
4,478 
4,478 
TOTAL, BA 01: OPERATING FORCES ............................
68,059 
68,059 
Total Operation and Maintenance, Navy Reserve .......
68,059 
68,059 
Operation and Maintenance, Marine Corps Reserve 
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123 STAT. 2804 
PUBLIC LAW 111–84—OCT. 28, 2009 
OPERATION AND MAINTENANCE FOR OVERSEAS CONTINGENCY OPERATIONS 
(In Thousands of Dollars) 
Line 
Item 
FY 2010 
Request 
Conference 
Authorized 
BUDGET ACTIVITY 01: OPERATING FORCES 
EXPEDITIONARY FORCES 
010 
OPERATING FORCES ............................................................
77,849 
77,849 
BASE SUPPORT 
050 
BASE OPERATING SUPPORT ..............................................
8,818 
8,818 
TOTAL, BA 01: OPERATING FORCES ............................
86,667 
86,667 
Total Operation and Maintenance, Marine Corps Re-
serve .....................................................................................
86,667 
86,667 
Operation and Maintenance, Air Force Reserve 
BUDGET ACTIVITY 01: OPERATING FORCES 
AIR OPERATIONS 
010 
PRIMARY COMBAT FORCES ...............................................
3,618 
3,618 
020 
MISSION SUPPORT OPERATIONS .....................................
7,276 
7,276 
030 
DEPOT MAINTENANCE ........................................................
114,531 
114,531 
050 
BASE SUPPORT ......................................................................
500 
500 
TOTAL, BA 01: OPERATING FORCES ............................
125,925 
125,925 
Total Operation and Maintenance, Air Force Reserve 
125,925 
125,925 
Operation and Maintenance, Army National Guard 
BUDGET ACTIVITY 01: OPERATING FORCES 
LAND FORCES 
010 
MANEUVER UNITS ...............................................................
89,666 
89,666 
020 
MODULAR SUPPORT BRIGADES .......................................
1,196 
1,196 
030 
ECHELONS ABOVE BRIGADE .............................................
18,360 
18,360 
040 
THEATER LEVEL ASSETS ...................................................
380 
380 
060 
AVIATION ASSETS ................................................................
59,357 
59,357 
LAND FORCES READINESS 
070 
FORCE READINESS OPERATIONS SUPPORT .................
94,458 
94,458 
LAND FORCES READINESS SUPPORT 
100 
BASE OPERATIONS SUPPORT ............................................
22,536 
22,536 
120 
MANAGEMENT AND OPERATIONAL HQ .........................
35,693 
35,693 
TOTAL, BA 01: OPERATING FORCES ............................
321,646 
321,646 
Total Operation and Maintenance, Army National 
Guard ...................................................................................
321,646 
321,646 
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123 STAT. 2805 
PUBLIC LAW 111–84—OCT. 28, 2009 
OPERATION AND MAINTENANCE FOR OVERSEAS CONTINGENCY OPERATIONS 
(In Thousands of Dollars) 
Line 
Item 
FY 2010 
Request 
Conference 
Authorized 
Operation and Maintenance, Air National Guard 
BUDGET ACTIVITY 01: OPERATING FORCES 
AIR OPERATIONS 
010 
AIRCRAFT OPERATIONS .....................................................
103,259 
103,259 
020 
MISSION SUPPORT OPERATIONS .....................................
51,300 
51,300 
030 
DEPOT MAINTENANCE ........................................................
135,303 
135,303 
TOTAL, BA 01: OPERATING FORCES ............................
289,862 
289,862 
Total Operation and Maintenance, Air National 
Guard ...................................................................................
289,862 
289,862 
Afghanistan Security Forces Fund 
010 
INFRASTRUCTURE ...............................................................
868,320 
868,320 
020 
EQUIPMENT AND TRANSPORTATION .............................
1,615,192 
1,615,192 
030 
TRAINING AND OPERATIONS ............................................
272,998 
272,998 
040 
SUSTAINMENT .......................................................................
1,945,887 
1,945,887 
060 
INFRASTRUCTURE ...............................................................
605,584 
605,584 
070 
EQUIPMENT AND TRANSPORTATION .............................
279,186 
279,186 
080 
TRAINING AND OPERATIONS ............................................
648,217 
648,217 
090 
SUSTAINMENT .......................................................................
1,219,966 
1,219,966 
120 
SUSTAINMENT .......................................................................
5,919 
5,919 
130 
TRAINING AND OPERATIONS ............................................
1,500 
1,500 
TOTAL, Afghanistan Security Forces Fund ..................
7,462,769 
7,462,769 
Pakistan Counterinsurgency Capability Fund 
INFRASTRUCTURE ...............................................................
41,970 
0 
Realigned from Defense to International Affairs ...............
[–41,970] 
EQUIPMENT/TRANSPORTATION .......................................
397,907 
0 
Realigned from Defense to International Affairs ...............
[–397,907] 
TRAINING AND OPERATIONS ............................................
67,953 
0 
Realigned from Defense to International Affairs ...............
[–67,953] 
INFRASTRUCTURE ...............................................................
73,000 
0 
Realigned from Defense to International Affairs ...............
[–73,000] 
EQUIPMENT/TRANSPORTATION .......................................
107,000 
0 
Realigned from Defense to International Affairs ...............
[–107,000] 
TRAINING AND OPERATIONS ............................................
8,170 
0 
Realigned from Defense to International Affairs ...............
[–8,170] 
HUMANITARIAN ASSISTANCE ...........................................
4,000 
0 
Realigned from Defense to International Affairs ...............
[–4,000] 
TOTAL, 
Pakistan 
Counterinsurgency 
Capability 
Fund .....................................................................................
700,000 
0 
MISCELLANEOUS APPROPRIATIONS 
080 
IRAQ FREEDOM FUND .........................................................
115,300 
0 
Program reduction ................................................................
[–115,300] 
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123 STAT. 2806 
PUBLIC LAW 111–84—OCT. 28, 2009 
OPERATION AND MAINTENANCE FOR OVERSEAS CONTINGENCY OPERATIONS 
(In Thousands of Dollars) 
Line 
Item 
FY 2010 
Request 
Conference 
Authorized 
TOTAL, MISCELLANEOUS APPROPRIATIONS ..........
115,300 
0 
TOTAL 
TITLE 
III—OPERATION 
AND 
MAINTE-
NANCE .................................................................................
89,071,566 
88,257,466 
TITLE XLIV—OTHER AUTHORIZATIONS 
SEC. 4401. OTHER AUTHORIZATIONS. 
OTHER AUTHORIZATIONS 
(In Thousands of Dollars) 
Program Title 
FY 2010 
Request 
Conference 
Authorized 
REVOLVING AND MANAGEMENT FUNDS 
DEFENSE WORKING CAPITAL FUNDS 
DEFENSE WORKING CAPITAL FUNDS ....................................
141,388 
141,388 
DEFENSE COMMISSARY AGENCY ............................................
1,313,616 
1,313,616 
Total, Defense Working Capital Funds ..................................
1,455,004 
1,455,004 
NATIONAL DEFENSE SEALIFT FUND 
Strategic Ship Acquisition 
T–AKE ..............................................................................................
940,115 
940,115 
MLP ..................................................................................................
120,047 
120,047 
OUTFITTING AND POST DELIVERY .........................................
29,740 
29,740 
DoD Mobilization Assets 
NATIONAL DEFENSE SEALIFT VESSEL ..................................
1,438 
1,438 
LMSR MAINTENANCE .................................................................
96,363 
96,363 
DOD MOBILIZATION ALTERATIONS ........................................
64,167 
64,167 
T–AH MAINTENANCE ..................................................................
37,627 
37,627 
Strategic Sealift Support 
STRATEGIC SEALIFT SUPPORT ................................................
4,794 
4,794 
Sealift Research and Development 
RESEARCH AND DEVELOPMENT .............................................
72,983 
72,983 
Ready Reserve Force 
READY RESERVE FORCE ............................................................
275,484 
275,484 
Total, National Defense Sealift Fund ......................................
1,642,758 
1,642,758 
DEFENSE COALITION SUPPORT FUND 
DEFENSE COALITION SUPPORT FUND ..................................
22,000 
0 
Total Revolving and Management Funds ..............................
3,119,762 
3,097,762 
MILITARY PROGRAMS 
DEFENSE HEALTH PROGRAM 
DEFENSE HEALTH PROGRAM—O&M ......................................
26,967,919 
27,094,849 
TRICARE Continuation Pending MEDICARE Eligibility ...
[4,000] 
Transitional Dental Care (S712) ............................................
[11,000] 
Pre-mobilization health care coverage for Reservists and 
their families .........................................................................
[92,000] 
Madigan Medical Center Trauma Assistance Program .......
[2,500] 
Fort Drum Regional Health Planning Organization ............
[430] 
Extend Dental Coverage to Dependent Survivors ................
[2,000] 
Chiropractic Clinical Trials ....................................................
[5,000] 
TRICARE Coverage for Gray-Area Retirees .........................
[10,000] 
DEFENSE HEALTH PROGRAM—R&D .......................................
613,102 
616,102 
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123 STAT. 2807 
PUBLIC LAW 111–84—OCT. 28, 2009 
OTHER AUTHORIZATIONS 
(In Thousands of Dollars) 
Program Title 
FY 2010 
Request 
Conference 
Authorized 
USUHS Immersive, Wide Area Virtual Environment .........
[3,000] 
DEFENSE HEALTH PROGRAM—PROCUREMENT .................
322,142 
322,142 
Total Defense Health Program .................................................
27,903,163 
28,033,093 
CHEMICAL AGENTS AND MUNITIONS DESTRUCTION 
CHEM DEMILITARIZATION—O&M ...........................................
1,146,802 
1,146,802 
CHEM DEMILITARIZATION—RDT&E .......................................
401,269 
401,269 
CHEM DEMILITARIZATION—PROC ..........................................
12,689 
12,689 
Total Chemical Agents and Munitions Destruction ............
1,560,760 
1,560,760 
DRUG INTERDICTION AND COUNTER-DRUG ACTIVI-
TIES 
DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, 
DEFENSE .....................................................................................
1,058,984 
1,054,234 
EUCOM Interagency Fusion Centers (PC2365) ...................
[–750] 
PC9205 EUCOM CN Operation Support—excessive growth 
[–2,000] 
PC9206 AFRICOM CN Operational Support—excessive 
growth ....................................................................................
[–2,000] 
Total Drug Interdiction and Counter-Drug Activities .......
1,058,984 
1,054,234 
OFFICE OF THE INSPECTOR GENERAL 
OFFICE OF THE INSPECTOR GENERAL—O&M .....................
271,444 
287,100 
Second year growth plan ........................................................
[15,656] 
OFFICE OF THE INSPECTOR GENERAL—PROCUREMENT 
1,000 
1,000 
Total Office of the Inspector General .....................................
272,444 
288,100 
TOTAL OTHER AUTHORIZATIONS .......................................
33,915,113 
34,033,949 
Memorandum: Civil Program (non-defense) 
Armed Forces Retirement Home (Budget Function 600) .............
134,000 
134,000 
SEC. 4402. OTHER AUTHORIZATIONS FOR OVERSEAS CONTINGENCY 
OPERATIONS. 
OTHER AUTHORIZATIONS FOR OVERSEAS CONTINGENCY OPERATIONS 
(In Thousands of Dollars) 
Program Title 
FY 2010 
Request 
Conference 
Authorized 
REVOLVING AND MANAGEMENT FUNDS 
DEFENSE WORKING CAPITAL FUNDS 
DEFENSE WORKING CAPITAL FUNDS ..............................................
396,915 
396,915 
Total, Defense Working Capital Funds ............................................
396,915 
396,915 
Total Revolving and Management Funds ........................................
396,915 
396,915 
MILITARY PROGRAMS 
DEFENSE HEALTH PROGRAM 
DEFENSE HEALTH PROGRAM—O&M ................................................
1,155,235 
1,256,675 
Army end strength budget amendment ..........................................
[101,440] 
Total Defense Health Program ...........................................................
1,155,235 
1,256,675 
DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES 
DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, DE-
FENSE ....................................................................................................
324,603 
356,603 
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123 STAT. 2808 
PUBLIC LAW 111–84—OCT. 28, 2009 
OTHER AUTHORIZATIONS FOR OVERSEAS CONTINGENCY OPERATIONS 
(In Thousands of Dollars) 
Program Title 
FY 2010 
Request 
Conference 
Authorized 
International Support—US CENTCOM CN Training—Mi–17 
Procurement ....................................................................................
[32,000] 
Total Drug Interdiction and Counter-Drug Activities .................
324,603 
356,603 
OFFICE OF THE INSPECTOR GENERAL 
OFFICE OF THE INSPECTOR GENERAL—O&M ...............................
8,876 
8,876 
Total Office of the Inspector General ...............................................
8,876 
8,876 
TOTAL OTHER AUTHORIZATIONS .................................................
1,885,629 
2,019,069 
TITLE XLV—MILITARY CONSTRUCTION 
SEC. 4501. MILITARY CONSTRUCTION. 
MILITARY CONSTRUCTION 
(In Thousands of Dollars) 
Account 
State/Country and 
Installation 
Project Title 
Budget 
Request 
Conference 
Agreement 
Alabama 
Army 
Anniston Army 
Depot 
Industrial Area Elec System Upgrade ......
3,300 
ARNG 
Fort McClellan 
Urban Assault Course ................................
3,000 
3,000 
Army 
Redstone Arsenal 
Gate 7 Access Control Point ......................
3,550 
Def-Wide 
Redstone Arsenal 
Missile and Space Intel Center Eoe Com-
plex.
12,000 
Alaska 
Air Force 
Clear AFS 
Power Plant Facility ...................................
24,300 
24,300 
Air Force 
Eielson AFB 
Arctic Utilidors—phase 1 ...........................
9,900 
Air Force 
Eielson AFB 
Taxiway Lighting ........................................
3,450 
Air Force 
Elmendorf AFB 
Red Flag Alaska Add/Alter Operations 
Center.
3,100 
3,100 
Air Force 
Elmendorf AFB 
F–22 Weapons Load Training Facility ......
12,600 
12,600 
Def-Wide 
Elmendorf AFB 
Aeromedical Services/Mental Health Clin-
ic.
25,017 
25,017 
Army 
Fort Richardson 
Airborne Sustainment Training Complex
6,100 
6,100 
Army 
Fort Richardson 
Training Aids Center ..................................
2,050 
2,050 
Army 
Fort Richardson 
Warrior In Transition Complex .................
43,000 
43,000 
Army 
Fort Richardson 
Combat Pistol Range ..................................
4,900 
Def-Wide 
Fort Richardson 
Health Clinic ...............................................
3,518 
3,518 
Army 
Fort Wainwright 
Railhead Complex .......................................
26,000 
26,000 
Army 
Fort Wainwright 
Aviation Unit Operations Complex ...........
19,000 
19,000 
Army 
Fort Wainwright 
Aviation Task Force Complex, Ph 1, Inc 1 
125,000 
95,000 
Army 
Fort Wainwright 
Warrior In Transition Complex .................
28,000 
28,000 
Arizona 
ARNG 
Camp Navajo 
Combat Pistol Qualification Course ..........
3,000 
3,000 
AirlGuard 
Davis-Monthan 
AFB 
TFI-Predator Beddown-FOC ......................
5,600 
5,600 
Air Force 
Davis-Monthan 
AFB 
Dormitory (144 Rm) ....................................
20,000 
20,000 
Air Force 
Davis-Monthan 
AFB 
CSAR HC–130J Simulator Facility ...........
8,400 
8,400 
Air Force 
Davis-Monthan 
AFB 
CSAR HC–130J Rqs Operations Facility ..
8,700 
8,700 
Air Force 
Davis-Monthan 
AFB 
CSAR HC–130J Infrastructure ..................
4,800 
4,800 
Army 
Fort Huachuca 
UAV ER/MPER/MP ....................................
15,000 
15,000 
Army 
Fort Huachuca 
Battalion Headquarters UAV ....................
6,000 
6,000 
Army 
Fort Huachuca 
Fire Station, Two company ........................
6,700 
Milcon, Naval 
Res 
Phoenix 
Reserve Center Move To Luke AFB, 
NOSC Phoenix.
10,986 
10,986 
Navy 
Yuma 
Aircraft Maintenance Hanger (phase 1) ...
27,050 
27,050 
Navy 
Yuma 
Airfield Elec. Dist. and Contol ...................
1,720 
1,720 
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PUBLIC LAW 111–84—OCT. 28, 2009 
MILITARY CONSTRUCTION 
(In Thousands of Dollars) 
Account 
State/Country and 
Installation 
Project Title 
Budget 
Request 
Conference 
Agreement 
Arkansas 
Air Force 
Little Rock AFB 
C–130 Flight Simulator Addition ..............
5,800 
5,800 
Air Force 
Little Rock AFB 
Security Forces Operations Facility ..........
10,400 
Army 
Pine Bluff Arsenal 
Fuse & Detonator Magazine, Depot Level 
25,000 
25,000 
California 
Milcon, Naval 
Res 
Alameda 
Reserve Training Center—Alameda, Ca ...
5,960 
5,960 
Navy 
Bridgeport 
Fire Station—Renovation—MWTC ...........
4,460 
4,460 
Navy 
Bridgeport 
Mountain Warfare Training, Commissary 
6,830 
Navy 
Camp Pendleton 
Anglico Operations Complex ......................
25,190 
25,190 
Navy 
Camp Pendleton 
Recon Bn Operations Complex ..................
77,660 
77,660 
Navy 
Camp Pendleton 
Comm/elec Maintenance Facility ...............
13,170 
13,170 
Navy 
Camp Pendleton 
Expansion Of SRTTP To 7.5 MGD ............
55,180 
55,180 
Navy 
Camp Pendleton 
North Region Tertiary Treatment Plant 
(Incr 1).
142,330 
112,330 
Navy 
Camp Pendleton 
Gas/Electrical Upgrades .............................
51,040 
51,040 
Navy 
Camp Pendleton 
Recruit Barracks—School of Infantry .......
53,320 
53,320 
Navy 
Camp Pendleton 
Enlisted Dining Facility .............................
32,300 
32,300 
Navy 
Camp Pendleton 
Recruit Barracks—field/K–span ................
23,200 
23,200 
Navy 
Camp Pendleton 
Communications Upgrades ........................
79,492 
79,492 
Navy 
Camp Pendleton 
Electrical Distribution System ..................
76,950 
76,950 
Navy 
Camp Pendleton 
Operations Access Points ...........................
12,740 
12,740 
Navy 
Camp Pendleton 
Enlisted Dining Facility—Edson Range ...
37,670 
37,670 
Navy 
Camp Pendleton 
BEQ ..............................................................
39,610 
39,610 
Navy 
Camp Pendleton 
Recruit Marksmanship Training Facility
13,730 
13,730 
Navy 
Camp Pendleton 
Expand Combat Aircraft Loading Apron ..
12,240 
12,240 
Navy 
Camp Pendleton 
Aviation Transmitter/Receiver Site ...........
13,560 
13,560 
Navy 
Camp Pendleton 
WFTBN Support Facilities .........................
15,780 
15,780 
USAR 
Camp Pendleton 
Army Reserve Center .................................
19,500 
19,500 
Def-Wide 
Coronado 
SOF Close Quarters Combat Training Fa-
cility.
15,722 
15,722 
Navy 
Edwards AFB 
Edwards Ramp Extension ..........................
3,007 
3,007 
Def-Wide 
El Centro 
Aircraft Direct Fueling Station ..................
11,000 
11,000 
Army 
Fort Irwin 
Mout Assault Course, Ph 4 ........................
9,500 
9,500 
AirlGuard 
Fresno Yosemite 
IAP ANG 
144th Squadron Operations Facility .........
9,800 
ARNG 
Los Alamitos 
Readiness Center Ph1 ................................
31,000 
31,000 
USAR 
Los Angeles 
Army Reserve Center .................................
29,000 
29,000 
Air Force 
Los Angeles AFB 
Consolidated Parking Area, Ph1 ...............
8,000 
AF Reserve 
March ARB 
Small Arms Firing Range ..........................
9,800 
Navy 
Miramar 
Aircraft Parking Apron Modification ........
9,280 
9,280 
Navy 
Monterey NSA 
Marine Meteorology Center .......................
10,240 
Def-Wide 
Point Loma Annex 
Replace Fuel Storage Fac Incr 2 ...............
92,300 
92,300 
Navy 
Point Loma Annex 
Alter/Add Marine Mammal Surgical Cen-
ter.
2,330 
Navy 
Point Loma Annex 
Public Works Shops Consolidation ............
8,730 
8,730 
Navy 
San Diego 
Messhall Expansion ....................................
23,590 
23,590 
AirlGuard 
Socal Logistics 
Airport 
TFI-Predator Beddown—FTU/LRE Site ...
8,400 
8,400 
Air Force 
Travis AFB 
Construct Kc–10 Cargo Load Training Fa-
cility.
6,900 
6,900 
Air Force 
Travis AFB 
Taxiway M Bypass Load ............................
6,000 
Def-Wide 
Travis AFB 
Replace Fuel Distribution System .............
15,357 
15,357 
Navy 
Twentynine Palms 
Station Comm Facility and Infrastructure 
49,040 
49,040 
Navy 
Twentynine Palms 
Sub-Station and Electrical Upgrades ........
31,310 
31,310 
Navy 
Twentynine Palms 
Elec. Infra. Upgrade—34.5kv To 115kv ....
46,220 
46,220 
Navy 
Twentynine Palms 
Elec. Power Plant/CO—GEN/Gas Tur-
bine—n.
53,260 
53,260 
Navy 
Twentynine Palms 
Water Improvements and Storage Tank ...
30,610 
30,610 
Navy 
Twentynine Palms 
Sewage System Imp. and Lift Station ......
5,800 
5,800 
Navy 
Twentynine Palms 
HTHW/chilled Water System .....................
25,790 
25,790 
Navy 
Twentynine Palms 
Natural Gas System Extension .................
19,990 
19,990 
Navy 
Twentynine Palms 
Industrial Waste Water Pretreatment 
Sys..
3,330 
3,330 
Navy 
Twentynine Palms 
Laydown Site Work—north mainside .......
21,740 
21,740 
Navy 
Twentynine Palms 
Secondary elec.dist.—north mainside .......
31,720 
31,720 
Navy 
Twentynine Palms 
Construct Loads—north mainside .............
29,360 
29,360 
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PUBLIC LAW 111–84—OCT. 28, 2009 
MILITARY CONSTRUCTION 
(In Thousands of Dollars) 
Account 
State/Country and 
Installation 
Project Title 
Budget 
Request 
Conference 
Agreement 
Navy 
Twentynine Palms 
Maint. Shop—wheeled ................................
16,040 
16,040 
Navy 
Twentynine Palms 
Maint. Sunshades— wheeled .....................
12,580 
12,580 
Navy 
Twentynine Palms 
Comm/Elect Maint/Storage ........................
12,660 
12,660 
Navy 
Twentynine Palms 
Dining Facility—north mainside ...............
17,200 
17,200 
Navy 
Twentynine Palms 
BEQ ..............................................................
37,290 
37,290 
Navy 
Twentynine Palms 
Maint. Shop—tracked .................................
19,780 
19,780 
Navy 
Twentynine Palms 
BEQ ..............................................................
37,290 
37,290 
Navy 
Twentynine Palms 
Consolidated Armory— tanks ....................
12,670 
12,670 
Air Force 
Vandenberg AFB 
Child Development Center .........................
13,000 
13,000 
Colorado 
AirlGuard 
Buckley Ang Base 
Add/Alter Weapons Release .......................
4,500 
USAR 
Colorado Springs 
Army Reserve Center/land .........................
13,000 
13,000 
Army 
Fort Carson 
Training Aids Center ..................................
18,500 
18,500 
Army 
Fort Carson 
Brigade Complex .........................................
69,000 
69,000 
Army 
Fort Carson 
Brigade Complex, Ph 1 ...............................
102,000 
Army 
Fort Carson 
Railroad Tracks ...........................................
14,000 
14,000 
Army 
Fort Carson 
Warrior In Transition (WT) Complex .......
56,000 
56,000 
Army 
Fort Carson 
Automated Qualification Training Range
11,000 
11,000 
Army 
Fort Carson 
Modified Record Fire Range ......................
4,450 
4,450 
Army 
Fort Carson 
Automated Multipurpose Machine Gun 
Range.
7,400 
7,400 
Army 
Fort Carson 
Scout/recce Gunnery Complex ...................
16,000 
16,000 
Army 
Fort Carson 
Urban Assault Course ................................
3,100 
3,100 
Army 
Fort Carson 
Convoy Live Fire Range .............................
6,500 
6,500 
Army 
Fort Carson 
Commissary .................................................
35,000 
35,000 
Army 
Fort Carson 
Barracks & dining, Increment 2 ................
60,000 
60,000 
Def-Wide 
Fort Carson 
SOF Battalion Ops Complex ......................
45,200 
45,200 
Def-Wide 
Fort Carson 
SOF Military Working Dog Facility ..........
3,046 
3,046 
Def-Wide 
Fort Carson 
Health and Dental Clinic ...........................
52,773 
31,900 
Air Force 
Peterson AFB 
East Gate Realignment ..............................
7,200 
Air Force 
Peterson AFB 
C–130 Squad Ops/AMU (TFI) ....................
5,200 
5,200 
Air Force 
Peterson AFB 
National Security Space Institute .............
19,900 
19,900 
Chem Demil 
Pueblo Depot 
Ammunition Demilitarization Facility, Ph 
XI.
92,500 
92,500 
AF Reserve 
Schriever AFB 
Wing Headquarters ....................................
10,200 
10,200 
Air Force 
U.S. Air Force 
Academy 
Add To Cadet Fitness Center ....................
17,500 
17,500 
Connecticut 
AirlGuard 
Bradley National 
Airport 
CNAF Beddown Upgrade Facilities ..........
9,000 
USAR 
Bridgeport 
Army Reserve Center/land .........................
18,500 
18,500 
Navy 
New London NSB 
Mk–48 Torpedo Magazine ..........................
6,570 
Delaware 
Air Force 
Dover AFB 
C–5 Cargo Aircraft maint Training Facil-
ity P1.
5,300 
5,300 
Air Force 
Dover AFB 
Consol Comm Fac .......................................
12,100 
12,100 
Air Force 
Dover AFB 
Chapel Center .............................................
7,500 
Florida 
Navy 
Blount Island 
Port Operations Facility .............................
3,760 
3,760 
Air Force 
Eglin AFB 
F–35 Duke Control Tower ..........................
3,420 
3,420 
Air Force 
Eglin AFB 
Construct Dormitory (96 rm) .....................
11,000 
11,000 
Air Force 
Eglin AFB 
F–35 Pol Ops Facility .................................
3,180 
5,236 
Air Force 
Eglin AFB 
F–35 Hydrant Refueling System Phase 1
8,100 
14,308 
Air Force 
Eglin AFB 
F–35 Parallel Taxiway lAdder ...................
1,440 
2,371 
Air Force 
Eglin AFB 
F–35 JPS Flightline fillstands ...................
5,400 
8,892 
Air Force 
Eglin AFB 
F–35 JP–8 West Side bulk Fuel Tank Up-
grades.
960 
1,581 
Air Force 
Eglin AFB 
F–35 Live Ordinance Load Facility ...........
9,900 
9,900 
Air Force 
Eglin AFB 
F–35 A/C Parking Apron ............................
16,400 
27,652 
Army 
Eglin AFB 
Operations Complex, Ph 3 .........................
80,000 
80,000 
Army 
Eglin AFB 
Indoor Firing Range ...................................
8,900 
8,900 
Army 
Eglin AFB 
Live Fire Exercise Shoothouse ...................
8,000 
8,000 
Army 
Eglin AFB 
Live Fire Exercise Breach Facility ............
4,950 
4,950 
Army 
Eglin AFB 
Non-standard Small Arms range ...............
3,400 
3,400 
Army 
Eglin AFB 
Grenade Launcher Range ..........................
1,600 
1,600 
Army 
Eglin AFB 
Hand Grenade Qualification Course .........
1,400 
1,400 
Army 
Eglin AFB 
Urban Assault Course ................................
2,700 
2,700 
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123 STAT. 2811 
PUBLIC LAW 111–84—OCT. 28, 2009 
MILITARY CONSTRUCTION 
(In Thousands of Dollars) 
Account 
State/Country and 
Installation 
Project Title 
Budget 
Request 
Conference 
Agreement 
Army 
Eglin AFB 
Anti-armor, Tracking & Live Fire Range
3,400 
3,400 
Army 
Eglin AFB 
Automated Qualification/Training Range
12,000 
12,000 
Army 
Eglin AFB 
Light Demolition Range .............................
2,200 
2,200 
Army 
Eglin AFB 
Basic 10m–25m Firing range (zero) ..........
3,050 
3,050 
Def-Wide 
Eglin AFB 
SOF Military Working Dog Facility ..........
3,046 
3,046 
Navy 
Eglin AFB 
F–35 Hydrant Refueling sys, Ph 1 ............
6,208 
Navy 
Eglin AFB 
F–35 Parallel Taxiway ladder ....................
931 
Navy 
Eglin AFB 
F–35 A/C Parking Apron ............................
11,252 
Navy 
Eglin AFB 
Bachelor Enlisted Quarters, EOD School, 
Phase.
26,287 
26,287 
Navy 
Eglin AFB 
F–35 JP8 West Side Bulk Tank Upgrades 
621 
Navy 
Eglin AFB 
F–35 Pol Operations Facility (Eglin) ........
2,056 
Navy 
Eglin AFB 
F–35 JP8 Flightline Fillstands (Eglin) .....
3,492 
Army 
Eglin AFB (Camp 
Rudder) 
Elevated Water Storage Tank ...................
1,200 
Air Force 
Hurlburt Field 
Refueling Vehicle Maintenance Facility ...
2,200 
2,200 
Air Force 
Hurlburt Field 
Electrical Distribution Substation .............
8,300 
8,300 
Air Force 
Hurlburt Field 
Flight Test Opns Fac (413 Flts) ................
9,400 
Def-Wide 
Hurlburt Field 
SOF 
Simulator 
Facility 
for 
Mc–130 
(recap).
8,156 
8,156 
Navy 
Jacksonville 
P–8/MMA Facilities Modification ..............
5,917 
5,917 
Def-Wide 
Jacksonville IAP 
Replace Jet Fuel Storage Complex ............
11,500 
11,500 
Air Force 
Macdill AFB 
Dormitory (120 Room) ................................
16,000 
16,000 
Air Force 
Macdill AFB 
Child Development Center .........................
7,000 
7,000 
Air Force 
Macdill AFB 
Centcom Commandant Facility .................
15,300 
15,300 
Air Force 
Macdill AFB 
Consolidated Commo Facility ....................
21,000 
Navy 
Mayport 
Fitness Ctr ...................................................
26,360 
Navy 
Mayport 
Wharf Charlie Repair .................................
29,682 
29,682 
Navy 
Mayport 
Channel Dredging .......................................
46,303 
46,303 
Army 
Miami Doral 
Southcom Headquarters, incr 3 .................
55,400 
55,400 
USAR 
Panama City 
Army Reserve Center/land .........................
7,300 
7,300 
Air Force 
Patrick AFB 
Combat Weapons Training Facility ...........
8,400 
Navy 
Pensacola 
Corry ‘‘A’’ School bachelor Enlisted Quar-
ters R.
22,950 
22,950 
Navy 
Pensacola 
Simulator Addition For umfo Program .....
3,211 
3,211 
USAR 
West Palm Beach 
Army Reserve Center/land .........................
26,000 
26,000 
Navy 
Whiting Field 
T–6B JPATS Trng. Ops Paraloft Facility
4,120 
4,120 
Georgia 
Navy 
Albany MCLB 
Wpns Maint Hardstand Fac ......................
4,870 
USAR 
Atlanta 
Army Reserve Center/land .........................
14,000 
14,000 
Army 
Fort Benning 
Combined Arms Collective Training Facil-
ity.
10,800 
10,800 
Army 
Fort Benning 
Fire and Movement Range .........................
2,800 
2,800 
Army 
Fort Benning 
Battle Lab ....................................................
30,000 
30,000 
Army 
Fort Benning 
Training Area Tank Trails .........................
9,700 
9,700 
Army 
Fort Benning 
Training Battalion Complex ......................
38,000 
38,000 
Army 
Fort Benning 
Dining Facility ............................................
15,000 
15,000 
Army 
Fort Benning 
Warrior In Transition (WT) Complex .......
53,000 
53,000 
Army 
Fort Benning 
Training Battalion Complex, Ph 1 ............
31,000 
31,000 
Army 
Fort Benning 
Training Battalion Complex, Ph 1 ............
31,000 
31,000 
Army 
Fort Benning 
Trainee Barracks Complex, Ph 1 ...............
74,000 
74,000 
ARNG 
Fort Benning 
Readiness Center ........................................
15,500 
15,500 
Def-Wide 
Fort Benning 
Wilson Es Construct Gymnasium .............
2,330 
2,330 
Def-Wide 
Fort Benning 
SOF Expand Battalion Headquarters .......
3,046 
3,046 
Def-Wide 
Fort Benning 
Blood Donor Center Replacement .............
12,313 
12,313 
Def-Wide 
Fort Benning 
Dental Clinic ...............................................
4,887 
4,887 
Army 
Fort Gillem 
Forensic Lab ................................................
10,800 
10,800 
Army 
Fort Stewart 
Brigade Complex .........................................
93,000 
48,000 
Army 
Fort Stewart 
Automated Sniper Field Fire Range .........
3,400 
3,400 
Army 
Fort Stewart 
Warrior In Transition (WT) Complex .......
49,000 
49,000 
Army 
Fort Stewart 
Barracks & Dining, Increment 2 ...............
80,000 
80,000 
Def-Wide 
Fort Stewart 
New Elementary School .............................
22,502 
Def-Wide 
Fort Stewart 
New Elementary School .............................
22,501 
22,501 
Def-Wide 
Fort Stewart 
Health and Dental Clinic ...........................
26,386 
22,200 
ARNG 
Hunter Army Air-
field 
Aviation Readiness Center .........................
8,967 
Air Force 
Moody AFB 
Rescue Opns/maint HQ Fac .......................
10,000 
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123 STAT. 2812 
PUBLIC LAW 111–84—OCT. 28, 2009 
MILITARY CONSTRUCTION 
(In Thousands of Dollars) 
Account 
State/Country and 
Installation 
Project Title 
Budget 
Request 
Conference 
Agreement 
Air Force 
Warner Robins 
AFB 
Hot Cargo Pad/taxiway ..............................
6,200 
Hawaii 
Def-Wide 
Ford Island 
Pacific Operations Facility Upgrade .........
9,633 
9,633 
Air Force 
Hickam AFB 
Ground Control Tower ................................
4,000 
AirlGuard 
Hickam AFB 
TFI—F–22 LO/composite repair Facility ..
26,000 
26,000 
AirlGuard 
Hickam AFB 
TFI—F–22 Parking Apron and Taxiways
7,000 
7,000 
Navy 
Navsta Pearl Har-
bor 
Production Services Support Facility ........
25,070 
Navy 
Oahu 
Range, 1000 - Puuloa ..................................
5,380 
5,380 
Navy 
Pearl Harbor 
Pacflt Sub Drive-in Mag Silencing Fac 
(inc).
8,645 
8,645 
Navy 
Pearl Harbor 
APCSS Conference & Technology Learn-
ing Center.
12,775 
12,775 
Navy 
Pearl Harbor 
Missile Magazines (5), West Loch .............
22,407 
22,407 
Army 
Schofield Barracks 
Vehicle Maintenance Shop .........................
63,000 
63,000 
Army 
Schofield Barracks 
Vehicle Maintenance Shop .........................
36,000 
36,000 
Army 
Schofield Barracks 
Warrior In Transition (WT) Barracks .......
55,000 
55,000 
Army 
Schofield Barracks 
Warrior In Transition Complex .................
30,000 
30,000 
Air Force 
Wheeler AAF 
Construct ASOC Complex ..........................
15,000 
15,000 
Army 
Wheeler AAF 
Regional SATCOM Information Center ....
7,500 
7,500 
Idaho 
ARNG 
Gowen Field 
Combined Arms Collective Training Facil-
ity.
16,100 
16,100 
Air Force 
Mountain Home 
AFB 
Logistics Readiness Center ........................
20,000 
20,000 
Illinois 
USAR 
Chicago 
Army Reserve Center .................................
23,000 
23,000 
Milcon, Naval 
Res 
Joliet Army Ammo 
Plant 
Reserve Training Center—Joliet, Il ..........
7,957 
7,957 
AirlGuard 
Lincoln Capital 
Airport 
Security Improv—Relocate Entrance ........
3,000 
ARNG 
Milan 
Readiness Center ........................................
5,600 
Air Force 
Scott AFB 
Aeromedical Evac Facility ..........................
7,400 
Indiana 
ARNG 
Muscatatuck 
Combined Arms Collective Training Facil-
ity Ph.
10,100 
10,100 
Navy 
Naval Support Ac-
tivity Crane 
Strategic Weapons Systems Engineering 
Facility.
13,710 
Iowa 
ARNG 
Camp Dodge 
US Property and Fiscal Office ...................
4,000 
AirlGuard 
Des Moines 
Des Moines Alt Security Forces Fac .........
4,600 
Kansas 
Army 
Fort Riley 
Training Aids Center ..................................
15,500 
15,500 
Army 
Fort Riley 
Advanced Waste Water Treatment Plant
28,000 
28,000 
Army 
Fort Riley 
Igloo Storage, Installation ..........................
7,200 
7,200 
Army 
Fort Riley 
Brigade Complex .........................................
49,000 
49,000 
Army 
Fort Riley 
Battalion Complex ......................................
59,000 
59,000 
Army 
Fort Riley 
Land Vehicle Fueling Facility ....................
3,700 
3,700 
Army 
Fort Riley 
Estes Load Access Control Point ...............
6,100 
AirlGuard 
McConnell AFB 
TFI-Upgrade DCGS ....................................
8,700 
ARNG 
Salina Army NG 
Aviation Facility 
Taxiway Alterations ...................................
2,227 
Kentucky 
Chem Demil 
Blue Grass Army 
Depot 
Ammunition Demilitarization Ph X ..........
54,041 
54,041 
Chem Demil 
Blue Grass Army 
Depot 
Blue Grass Army Depot Chem Demil 
Project.
5,000 
Army 
Fort Campbell 
Installation Chapel Center ........................
14,400 
Def-Wide 
Fort Campbell 
5th SFG Language Sustainment Trng Fac 
6,800 
Def-Wide 
Fort Campbell 
SOF Battalion Operations Complex ..........
29,289 
29,289 
Def-Wide 
Fort Campbell 
SOF Military Working Dog Facility ..........
3,046 
3,046 
Def-Wide 
Fort Campbell 
Health Clinic ...............................................
8,600 
8,600 
Army 
Fort Knox 
Warrior In Transition (WT) Complex .......
70,000 
70,000 
Louisiana 
Air Force 
Barksdale Air 
Force Base 
Phase Five Ramp Replacement—Aircraft 
Apron.
12,800 
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123 STAT. 2813 
PUBLIC LAW 111–84—OCT. 28, 2009 
MILITARY CONSTRUCTION 
(In Thousands of Dollars) 
Account 
State/Country and 
Installation 
Project Title 
Budget 
Request 
Conference 
Agreement 
Army 
Fort Polk 
Multipurpose Machinegun Range ..............
6,400 
Army 
Fort Polk 
Warrior In Transition (WT) Complex .......
32,000 
32,000 
Army 
Fort Polk 
Land Purchases ...........................................
17,000 
17,000 
Maine 
AirlGuard 
Bangor IAP 
Replace Aircraft Maint Hanger/shops .......
28,000 
28,000 
Navy 
Portsmouth Naval 
Shipyard 
Gate 2 Security Improvements ..................
7,090 
Maryland 
Army 
Aberdeen PG 
Analytical Chem Wing—Advanced Chem 
Lab.
15,500 
Def-Wide 
Aberdeen PG 
USAMRICD Replacement, inc I ................
111,400 
111,400 
Air Force 
Andrews AFB 
Replace Munitions Storage Area ...............
9,300 
9,300 
AirlGuard 
Andrews AFB 
Rpl Munitions maintenance and Storage 
Complex.
14,000 
14,000 
Navy 
Carderock Nswc 
Det 
RDTE Support Facility, ph2 ......................
6,520 
Army 
Fort Detrick 
ATL Auditorium & Tng Cntr Expand .......
7,400 
Army 
Fort Detrick 
Satellite Communications Center ..............
18,000 
18,000 
Army 
Fort Detrick 
Satellite Communications Facility ............
21,000 
21,000 
Def-Wide 
Fort Detrick 
Boundary Gate At Nalin Pond ...................
10,750 
10,750 
Def-Wide 
Fort Detrick 
Emergency Service Center .........................
16,125 
16,125 
Def-Wide 
Fort Detrick 
USAMRIID Stage I, Inc IV ........................
108,000 
108,000 
Def-Wide 
Fort Detrick 
Nibc Truck Inspection Station & RLoad ...
2,932 
2,932 
Army 
Fort Meade 
Intersection, Rockenbach Rd & Cooper 
Ave.
2,350 
Def-Wide 
Fort Meade 
South Campus Utility Plant Ph 2 .............
175,900 
175,900 
Def-Wide 
Fort Meade 
NSAW Campus Chilled Water Backup .....
19,100 
19,100 
Def-Wide 
Fort Meade 
Mission Support—PSAT .............................
8,800 
8,800 
Navy 
Patuxent River 
NAS 
Special Commo Rqts Eng Facility .............
11,043 
Massachusetts 
AirlGuard 
Barnes ANGB 
F–15 Aircraft Ready Shelters ....................
8,100 
ARNG 
Hanscom AFB 
Armed Forces Reserve Center (JFHQ) .....
29,000 
29,000 
AirlGuard 
Otis Air National 
Guard Base 
Composite Operations and Training Facil-
ity.
12,800 
Michigan 
AirlGuard 
Alpena CRTC 
Replace Troop Quarters .............................
8,900 
AirlGuard 
Battle Creek ANG 
Base 
CNAF Bed Down Facilities ........................
14,000 
ARNG 
Fort Custer 
Org Maint Shop (ADRS) .............................
7,732 
AirlGuard 
Selfridge ANG 
Base 
A–10 Squad Operations Facility ................
7,100 
Minnesota 
ARNG 
Arden Hills 
Readiness Center Ph2 ................................
6,700 
6,700 
ARNG 
Camp Ripley 
Urban Assault Course ................................
1,710 
1,710 
Def-Wide 
Duluth IAP 
Jet Fuel Stoarge Complex ..........................
15,000 
15,000 
USAR 
Fort Snelling 
(Minneapolis) 
Army Reserve Center .................................
12,000 
12,000 
AirlGuard 
Minn/St. Paul IAP 
133rd AW Base 
Minnesota Starbase Facility Alteration ....
1,900 
Mississippi 
ARNG 
Camp Shelby 
Combined Arms Collective Tng Fac Add/ 
alt.
16,100 
16,100 
Air Force 
Columbus AFB 
Aircraft Fuel Systems Maint Dock ............
9,800 
AirlGuard 
Gulfport-biloxi RA 
Relocate Base Entrance ..............................
6,500 
AF Reserve 
Keesler AFB 
Aerial Port Squadron Facility ....................
9,800 
9,800 
ARNG 
Monticello 
Monticello National guard Readiness Cen-
ter.
14,350 
Missouri 
ARNG 
Boonville 
Readiness Center Add/alt ...........................
1,800 
1,800 
Army 
Fort Leonard 
Wood 
Automated-aided Instruction Facility .......
27,000 
27,000 
Army 
Fort Leonard 
Wood 
Wheeled Vehicle Drivers Course ...............
17,500 
17,500 
Army 
Fort Leonard 
Wood 
Warrior In Transition Complex .................
19,500 
19,500 
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123 STAT. 2814 
PUBLIC LAW 111–84—OCT. 28, 2009 
MILITARY CONSTRUCTION 
(In Thousands of Dollars) 
Account 
State/Country and 
Installation 
Project Title 
Budget 
Request 
Conference 
Agreement 
Army 
Fort Leonard 
Wood 
Transient Advanced Trainee Barracks, Ph 
1.
99,000 
99,000 
Army 
Fort Leonard 
Wood 
Health Clinic ...............................................
7,800 
Def-Wide 
Fort Leonard 
Wood 
Dental Clinic Addition ................................
5,570 
5,570 
AirlGuard 
Rosecrans Memo-
rial Airport 
Replace Fire/crash rescue Station Phase I 
9,300 
Air Force 
Whiteman AFB 
EOD Opns Complex ....................................
7,400 
Air Force 
Whiteman AFB 
Land Acquisition North & South Bdry .....
5,500 
Montana 
Air Force 
Malmstrom AFB 
Upgrade Weapons Storage Area ................
10,600 
Nebraska 
ARNG 
Lincoln 
Armed Forces Reserve Center (JFHQ) .....
23,000 
23,000 
AirlGuard 
Lincoln Map 
Joint Forces Operations Center—ANG 
Share.
1,500 
1,500 
Air Force 
Offutt AFB 
STRATCOM Gate .......................................
10,400 
Nevada 
ARNG 
Carson City 
National 
Guard 
Energy 
Sustainable 
Projects.
2,000 
Air Force 
Creech AFB 
UAS AT/FP Security Updates ....................
2,700 
2,700 
Navy 
Naval Air Station 
Fallon 
Warrior Physical Training Facility ...........
10,670 
ARNG 
North Las Vegas 
Readiness Center ........................................
26,000 
26,000 
AirlGuard 
Reno, NV 
NV Air National Guard Fire Station Re-
placement.
10,800 
New Hampshire 
AirlGuard 
Pease ANGB 
Replace Squadron Operations Facilities ...
10,000 
New Jersey 
Air Force 
McGuire AFB 
Warfighter & Family Sup Cntr .................
7,900 
AirlGuard 
McGuire AFB 
108th Air Refuel Wng, Base Civil Eng 
Complex.
9,700 
Army 
Picatinny Arsenal 
Ballistic Eval Facility, Ph 2 .......................
10,200 
Air Force 
Cannon AFB 
WB—Consolidated Communication Fac ...
15,000 
15,000 
New Mexico 
Def-Wide 
Cannon AFB 
SOF Fuel Cell Hanger (MC–130) ..............
41,269 
41,269 
Def-Wide 
Cannon AFB 
SOF AMU Addition (CV–22) ......................
11,595 
11,595 
Def-Wide 
Cannon AFB 
SOF Ac–130 Load Out Apron Ph1 ............
6,000 
Air Force 
Holloman AFB 
F–22a 
Consolidated 
Munitions 
Maint 
(TFI).
5,500 
5,500 
Air Force 
Holloman AFB 
Fire-crash Rescue Station ..........................
10,400 
Air Force 
Holloman AFB 
UAS Field Training Complex .....................
37,500 
Air Force 
Kirtland AFB 
Add To Space RDT&E Opns Cntr .............
5,800 
Air Force 
Kirtland AFB 
MC–130J Simulator Facility ......................
8,000 
8,000 
Air Force 
Kirtland AFB 
HC–130J Simulator Facility ......................
8,700 
8,700 
ARNG 
Santa Fe 
Army Aviation Support Facility ................
39,000 
39,000 
New York 
Army 
Fort Drum 
All Wx Marksmanship Facility ..................
8,200 
Army 
Fort Drum 
Water System Expansion ...........................
6,500 
6,500 
Army 
Fort Drum 
Barracks ......................................................
57,000 
57,000 
Army 
Fort Drum 
Warrior In Transition Complex .................
21,000 
21,000 
AF Reserve 
Niagra Falls ARB 
Indoor Small Arms Range ..........................
5,700 
USAR 
Rochester 
Army Reserve Center/land .........................
13,600 
13,600 
AirlGuard 
Wheeler Sack AAF 
TFI-reaper LRE Beddown ..........................
2,700 
North Carolina 
Def-Wide 
Camp Lejeune 
SOF Academic Instruction Facility Ex-
pansion.
11,791 
11,791 
Navy 
Camp Lejeune 
Maintenance/OPS Complex ........................
52,390 
52,390 
Navy 
Camp Lejeune 
BEQ—Wallace Creek ..................................
34,160 
34,160 
Navy 
Camp Lejeune 
Utility Expansion—Courthouse Bay .........
56,280 
56,280 
Navy 
Camp Lejeune 
SOI-east Facilities—Camp Geiger .............
56,940 
56,940 
Navy 
Camp Lejeune 
Field Training fac.—Devil Dog - SOI ........
37,170 
37,170 
Navy 
Camp Lejeune 
Road Network—Wallace creek ...................
15,130 
15,130 
Navy 
Camp Lejeune 
MP Working Dog Kennel— relocation ......
8,370 
8,370 
Navy 
Camp Lejeune 
Consolidated Info tech/telecom Complex ..
46,120 
46,120 
Navy 
Camp Lejeune 
New Base Entry Point and Road (phase 
1).
79,150 
79,150 
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123 STAT. 2815 
PUBLIC LAW 111–84—OCT. 28, 2009 
MILITARY CONSTRUCTION 
(In Thousands of Dollars) 
Account 
State/Country and 
Installation 
Project Title 
Budget 
Request 
Conference 
Agreement 
Navy 
Camp Lejeune 
BEQ—Wallace Creek ..................................
43,480 
43,480 
Navy 
Camp Lejeune 
BEQ—Wallace Creek ..................................
44,390 
44,390 
Navy 
Camp Lejeune 
BEQ—Wallace Creek ..................................
44,390 
44,390 
Navy 
Camp Lejeune 
BEQ—Wallace Creek ..................................
42,110 
42,110 
Navy 
Camp Lejeune 
Pre-trial Detainee Facility .........................
18,580 
18,580 
Navy 
Camp Lejeune 
Physical Fitness Center .............................
39,760 
39,760 
Navy 
Camp Lejeune 
4th Infantry Battalion Ops Complex ........
55,150 
55,150 
Navy 
Cherry Point 
MCAS 
Ordnance Magazines ..................................
12,360 
12,360 
Navy 
Cherry Point 
MCAS 
EMS/fire Vehicle Facility ...........................
10,600 
10,600 
ARNG 
East Flat Rock 
Readiness Center Add/alt ...........................
2,516 
Army 
Fort Bragg 
Vehicle Maintenance Shop .........................
19,500 
19,500 
Army 
Fort Bragg 
Simulations Center .....................................
50,000 
50,000 
Army 
Fort Bragg 
Vehicle Maintenance Shop .........................
17,500 
17,500 
Army 
Fort Bragg 
Company Operations Facility ....................
3,300 
3,300 
Army 
Fort Bragg 
Transient Training Barracks Complex .....
16,500 
16,500 
Army 
Fort Bragg 
Automated Sniper Field Fire Range .........
3,450 
Army 
Fort Bragg 
Automated Multipurpose Machine Gun ....
4,350 
4,350 
ARNG 
Fort Bragg 
TUAS Support Facility ...............................
6,038 
Def-Wide 
Fort Bragg 
Albritton JHS Addition ..............................
3,439 
3,439 
Def-Wide 
Fort Bragg 
Special Ops Prep & Conditioning Course
24,600 
24,600 
Def-Wide 
Fort Bragg 
SOF Battalion & Company HQ .................
15,500 
15,500 
Def-Wide 
Fort Bragg 
SOF Operations Support Addition ............
13,756 
13,756 
Def-Wide 
Fort Bragg 
SOF Military Working Dog Facility ..........
1,125 
1,125 
Def-Wide 
Fort Bragg 
SOF Battalion Headquarters Facility .......
13,000 
13,000 
Def-Wide 
Fort Bragg 
SOF Operations Addition North ................
27,513 
27,513 
Def-Wide 
Fort Bragg 
SOF TUAV Hanger .....................................
2,948 
2,948 
Def-Wide 
Fort Bragg 
SOF Military Working Dog Facility ..........
3,046 
3,046 
Def-Wide 
Fort Bragg 
Consolidated Health Clinic ........................
26,386 
26,386 
Def-Wide 
Fort Bragg 
Health Clinic ...............................................
31,272 
31,272 
Navy 
New River 
Apron Expansion (phase 2) ........................
35,600 
35,600 
Navy 
New River 
VMMT–204 Maintenance Hanger—phase 
3.
28,210 
28,210 
Navy 
New River 
Parallel Taxiway .........................................
17,870 
17,870 
Navy 
New River 
Tactical Support Van Pad Addition ..........
5,490 
5,490 
Navy 
New River 
Gymnasium/outdoor Pool ...........................
19,920 
19,920 
Air Force 
Pope AFB 
Pope AFB Air Traffic Control Tower .........
9,000 
Air Force 
Seymour Johnson 
AFB 
Radar Approach Control Complex, Ph1 ....
6,900 
Army 
Sunny Point Mot 
Towers ..........................................................
3,900 
3,900 
Army 
Sunny Point Mot 
Lightning Protection System .....................
25,000 
25,000 
North Dakota 
Air Force 
Grand Forks AFB 
Consolidated Security Forces Facility .......
12,000 
Air Force 
Minot AFB 
Munitions Trailer Storage Facility ............
1,500 
1,500 
Air Force 
Minot AFB 
Missile Procedures Trng Operations .........
10,000 
10,000 
Ohio 
USAR 
Cincinnati 
Army Reserve Center/land .........................
13,000 
13,000 
AirlGuard 
Mansfield Lahm 
Airport 
TFI—Red Horse Squadron Beddown ........
11,400 
11,400 
Air Force 
Wright-Patterson 
AFB 
Info Tech Complex Ph 1 .............................
27,000 
27,000 
Air Force 
Wright-Patterson 
AFB 
Conversion For Advanced Power Research 
Lab.
21,000 
21,000 
Air Force 
Wright-Patterson 
AFB 
Replace West Ramp, phase I .....................
10,600 
Oklahoma 
Air Force 
Altus AFB 
Repair Taxiways .........................................
20,300 
20,300 
Def-Wide 
Altus AFB 
Replace Upload Facility .............................
2,700 
2,700 
Army 
Fort Sill 
Automated Infantry Squad Battle Course 
3,500 
3,500 
Army 
Fort Sill 
Barracks ......................................................
65,000 
65,000 
Army 
Fort Sill 
Warrior In Transition Complex .................
22,000 
22,000 
Def-Wide 
Fort Sill 
Dental Clinic ...............................................
10,554 
10,554 
Army 
McAlester 
High Explosive Magazine, Depot Level ....
1,300 
1,300 
Army 
McAlester 
General Purpose Storage Building ............
11,200 
11,200 
Air Force 
Tinker AFB 
T–9 Noise Suppressor .................................
5,200 
Air Force 
Tinker AFB 
Building 3001 Hanger Door .......................
13,037 
13,037 
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123 STAT. 2816 
PUBLIC LAW 111–84—OCT. 28, 2009 
MILITARY CONSTRUCTION 
(In Thousands of Dollars) 
Account 
State/Country and 
Installation 
Project Title 
Budget 
Request 
Conference 
Agreement 
Air Force 
Vance AFB 
Control Tower .............................................
10,700 
AirlGuard 
Will Rogers World 
Airport 
TFI—Air Supt Opers Sqdn (ASOS) Beddn 
7,300 
7,300 
Oregon 
ARNG 
Clatsop County, 
Warrenton 
Camp Rilea Infrastructure (Water Supply 
System).
3,369 
ARNG 
Polk County 
Readiness Center ........................................
12,100 
Pennsylvania 
USAR 
Ashley 
Army Reserve Center .................................
9,800 
9,800 
FH Con DW 
Def Distro Depot 
Def Distribution Depot New Cumberland 
2,859 
2,859 
USAR 
Harrisburg 
Army Reserve Center .................................
7,600 
7,600 
USAR 
Newton Square 
Army Reserve Center/land .........................
20,000 
20,000 
AF Reserve 
Pittsburgh AFR 
Base 
Visiting Quarters Phase 1 ..........................
12,400 
USAR 
Uniontown 
Army Reserve Center/land .........................
11,800 
11,800 
Rhode Island 
Navy 
Newport 
Officer Training Command Quarters ........
45,803 
45,803 
Navy 
Newport 
Renovate of Senior Enlisted Academy ......
10,550 
Navy 
Newport 
Renovate Perry Hall ...................................
8,530 
South Carolina 
Navy 
Beaufort 
Widebody Aircraft Fuel Lane .....................
1,280 
1,280 
Milcon, Naval 
Res 
Charleston 
Reserve Vehicle Maintenance Facility ......
4,240 
4,240 
Army 
Charleston NWS 
Staging Area ................................................
4,100 
4,100 
Army 
Charleston NWS 
Railroad Tracks ...........................................
12,000 
12,000 
Army 
Charleston NWS 
Pier and Loading/Unloading Ramps .........
5,700 
5,700 
ARNG 
Eastover 
Army Aviation Support Facility Add/Alt ..
26,000 
26,000 
Army 
Fort Jackson 
Advanced Skills Trainee Barracks ............
32,000 
32,000 
Army 
Fort Jackson 
Modified Record Fire Range ......................
3,600 
3,600 
Army 
Fort Jackson 
Training Battalion Complex ......................
66,000 
66,000 
Army 
Fort Jackson 
Infiltration Course ......................................
1,900 
1,900 
ARNG 
Greenville 
Army Aviation Support Facility ................
40,000 
40,000 
AirlGuard 
McEntire JNGB 
Joint Force headquarters Building ............
1,300 
Navy 
Parris Island 
Electrical SubStation and Improvements
6,972 
6,972 
Air Force 
Shaw AFB 
Add/Alter USAFCENT HQ ........................
21,183 
South Dakota 
ARNG 
Camp Rapid 
Joint Force HQ Readiness Center Supple-
ment.
7,890 
ARNG 
Camp Rapid 
Troop Medical Clinic Addition and Alter-
ation.
1,950 
Air Force 
Ellsworth AFB 
Add/Alter Deployment Center ...................
14,500 
AirlGuard 
Joe Foss Field 
Add and Alter Munitions Maintenance 
Complex.
1,300 
AirlGuard 
Joe Foss Field 
Above Ground Multi-cubicle Magazine 
Storage.
1,300 
Tennessee 
AirlGuard 
164 AirLift Wing, 
Mem 
164th AirLift Wing ANG Eng Maint Trng 
Fac.
9,800 
Texas 
ARNG 
Austin 
Armed Forces Reserve Center ...................
16,500 
16,500 
ARNG 
Austin 
Field Maintenance Shop, joint ...................
5,700 
5,700 
USAR 
Austin 
Armed Forces Reserve Center/AMSA .......
20,000 
20,000 
USAR 
Bryan 
Army Reserve Center .................................
12,200 
Navy 
Corpus Christi 
Operational Facilities for T–6 ....................
19,764 
19,764 
Air Force 
Dyess AFB 
C–130J Alter Hanger ..................................
4,500 
4,500 
Army 
Fort Bliss 
Vehicle Maintenance Shop .........................
16,000 
16,000 
Army 
Fort Bliss 
Brigade Staging Area Complex .................
14,800 
14,800 
Army 
Fort Bliss 
Digital Multipurpose Range Complex .......
45,000 
45,000 
Army 
Fort Bliss 
Fire and Military Police Stations ..............
16,500 
16,500 
Army 
Fort Bliss 
Aircraft Fuel Storage ..................................
10,800 
10,800 
Army 
Fort Bliss 
Vehicle Maintenance Shop .........................
20,000 
20,000 
Army 
Fort Bliss 
Automated Sniper Field Fire Range .........
4,250 
4,250 
Army 
Fort Bliss 
Known Distance Range ..............................
4,750 
4,750 
Army 
Fort Bliss 
Automated Multipurpose Machine Gun 
Range.
6,900 
6,900 
Army 
Fort Bliss 
Scout/recce Gunnery Complex ...................
17,000 
17,000 
Army 
Fort Bliss 
Light Demolition Range .............................
2,400 
2,400 
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123 STAT. 2817 
PUBLIC LAW 111–84—OCT. 28, 2009 
MILITARY CONSTRUCTION 
(In Thousands of Dollars) 
Account 
State/Country and 
Installation 
Project Title 
Budget 
Request 
Conference 
Agreement 
Army 
Fort Bliss 
Automated 
Infantry 
Platoon 
Battle 
Course.
7,000 
7,000 
Army 
Fort Bliss 
Simulation Center .......................................
23,000 
23,000 
Army 
Fort Bliss 
Vehicle Maintenance & Company Ops Fac 
31,000 
31,000 
Def-Wide 
Fort Bliss 
Health and Dental Clinic ...........................
30,295 
24,600 
Def-Wide 
Fort Bliss 
Hospital Replacement Inc1 ........................
86,975 
86,975 
USAR 
Fort Bliss 
Army Reserve Center .................................
9,500 
9,500 
Army 
Fort Hood 
Vehicle Maintenance Shop .........................
23,000 
23,000 
Army 
Fort Hood 
Urban Assault Course ................................
2,400 
2,400 
Army 
Fort Hood 
Automated Multipurpose Machine Gun 
Range.
6,700 
6,700 
Army 
Fort Hood 
Family Life Center .....................................
10,800 
Def-Wide 
Fort Hood 
Alter Fuel Pump House and Fill Stand ....
3,000 
3,000 
Army 
Fort Sam Houston 
Access Control Point and Road Improve-
ments.
10,800 
10,800 
Army 
Fort Sam Houston 
General Instruction building .....................
9,000 
9,000 
Milcon, Naval 
Res 
Fort Worth NAS/ 
JRB 
Replace Joint Base Comms ........................
6,170 
Air Force 
Goodfellow AFB 
Joint Intel Tech Trng fac, Ph 1 (tfi) ..........
18,400 
18,400 
Air Force 
Goodfellow AFB 
Student Dormitory (100 rm) ......................
14,000 
14,000 
Air Force 
Goodfellow AFB 
Consolidated Learning Center ...................
12,000 
USAR 
Houston 
Army Reserve Center/land .........................
24,000 
24,000 
AirlGuard 
Kelly Field Annex 
Add/Alter Aircraft Maint Shops ................
7,900 
Navy 
Kingsville NAS 
Solar Panel Array .......................................
4,470 
AF Reserve 
Lackland AFB 
C–5 Ground Training Schoolhouse Addi-
tion.
1,500 
1,500 
Air Force 
Lackland AFB 
Evasion, Conduct After Capture Trng ......
4,879 
4,879 
Air Force 
Lackland AFB 
Recruit Dormitory 2, phase 2 ....................
77,000 
77,000 
Air Force 
Lackland AFB 
Bmt Satellite Classroom/dining Fac ..........
32,000 
32,000 
Def-Wide 
Lackland AFB 
Dental Clinic replacement .........................
29,318 
29,318 
Def-Wide 
Lackland AFB 
Ambulatory Care Center, phase 1 .............
72,610 
72,610 
USAR 
Robstown 
Tactical Equip Maint Facility ....................
10,200 
Milcon, Naval 
Res 
San Antonio 
Reserve Training Center ............................
2,210 
2,210 
USAR 
San Antonio 
Army Reserve Center .................................
20,000 
20,000 
Air Force 
Sheppard Air 
Force Base 
ENJJPT Operations Complex, Phase 1 ....
13,450 
Utah 
Def-Wide 
Camp Williams 
IC CNCI Data Center (Incr. 2) ..................
800,000 
600,000 
Army 
Dugway Proving 
Ground 
Water Treatment Systems .........................
25,000 
25,000 
AF Reserve 
Hill AFB 
Reserve Squad Ops/AMU Facility .............
3,200 
3,200 
Air Force 
Hill AFB 
F–22A Radar Cross Section Testing Fac ..
21,053 
21,053 
Air Force 
Hill AFB 
PCC Apron Northwest End Taxiway ........
5,100 
Vermont 
AirlGuard 
Burlington IAP 
Fire Crash and Rescue Station Addition 
and Alteration.
6,000 
ARNG 
Ethan Allen Firing 
Range 
BOQ Additions and Improvements ...........
1,996 
Virginia 
Def-Wide 
Dahlgren 
Aegis BMD Facility Expansion ..................
24,500 
24,500 
Navy 
Dahlgren 
Electromagnetic Research and Engineer-
ing Facility.
3,660 
Def-Wide 
Dam Neck 
SOF Operations Facility inc III .................
15,967 
15,967 
Navy 
Dam Neck 
SOF Cafeteria .............................................
14,170 
Army 
Fort A.P. Hill 
Automated 
Infantry 
Platoon 
Battle 
Course.
4,900 
4,900 
Army 
Fort A.P. Hill 
Field Training Area ....................................
9,000 
9,000 
Army 
Fort A.P. Hill 
Training Aids Center ..................................
9,100 
9,100 
Army 
Fort Belvoir 
Flight Control Tower ..................................
8,400 
8,400 
Army 
Fort Belvoir 
Road and Access Control Point ..................
9,500 
9,500 
Army 
Fort Belvoir 
Road and Infrastructure Improvements ...
20,000 
Army 
Fort Lee 
Defense Access Roads .................................
5,000 
ARNG 
Fort Pickett 
Regional Training Institute Ph2 ................
32,000 
32,000 
Army 
Ft. Eustis 
Upgrade Marshalling Area ........................
8,900 
Air Force 
Langley AFB 
West & Lasalle Gates Force Protection/ac-
cess.
10,000 
10,000 
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123 STAT. 2818 
PUBLIC LAW 111–84—OCT. 28, 2009 
MILITARY CONSTRUCTION 
(In Thousands of Dollars) 
Account 
State/Country and 
Installation 
Project Title 
Budget 
Request 
Conference 
Agreement 
Def-Wide 
Little Creek 
SOF Support Activity Operation Facility
18,669 
18,669 
Navy 
Little Creek 
Naval Construction Division Operations 
Fac.
13,095 
13,095 
Navy 
Norfolk 
E–2D Trainer Facility ................................
11,737 
11,737 
Navy 
Norfolk 
Facility Upgrades For E–2D Program ......
6,402 
6,402 
Milcon, Naval 
Res 
Oceana Naval Air 
Station 
C–40 Hanger ...............................................
30,400 
30,400 
Def-Wide 
Pentagon 
Pentagon Electrical Upgrade .....................
19,272 
19,272 
Def-Wide 
Pentagon 
Secondary Uninterruptible Power Raven 
Rock.
8,400 
8,400 
Navy 
Portsmouth 
Ship Repair Pier replacement (Incr. 1) .....
226,969 
126,969 
Navy 
Quantico 
Student Quarters—TBS (phase 4) .............
32,060 
32,060 
Navy 
Quantico 
Battalion Training Facility—MSGBN .......
10,340 
10,340 
Navy 
Quantico 
MC 
Information 
Operations 
Center— 
MCIOC.
29,620 
29,620 
Navy 
Quantico 
Aircraft Trainer ...........................................
3,170 
3,170 
Navy 
Quantico 
Dining Facility - TBS .................................
14,780 
14,780 
Navy 
Quantico 
South Mainside Electrical SubStation ......
15,270 
15,270 
Washington 
Navy 
Bangor 
Limited Area Production/strg Cmplx (inc 
6).
87,292 
87,292 
Navy 
Bremerton 
Enclave Fencing/ parking, Silverdale WA 
67,419 
67,419 
Navy 
Bremerton 
CVN Maintenance Pier replacement (inc 
2).
69,064 
69,064 
Navy 
Everett NS 
Small Craft Launch ....................................
3,810 
Air Force 
Fairchild AFB 
SERE Force Support Complex, Phase I ....
11,000 
Air Force 
Fairchild AFB 
TFI Refuel Veh Maint Facility ..................
4,150 
Def-Wide 
Fairchild AFB 
Replace Fuel Distribution System .............
7,500 
7,500 
Army 
Fort Lewis 
Live Fire Exercise Shoothouse ...................
2,550 
2,550 
Army 
Fort Lewis 
Animal Building ..........................................
3,050 
3,050 
Army 
Fort Lewis 
Brigade Complex, Inc 4 ..............................
102,000 
102,000 
Army 
Fort Lewis 
Modified Record Fire Range ......................
4,100 
4,100 
Army 
Fort Lewis 
Ft Lewis-Mcchord AFB Joint Access .........
9,000 
Def-Wide 
Fort Lewis 
SOF Support Company Facility .................
14,500 
14,500 
Def-Wide 
Fort Lewis 
Health and Dental Clinic ...........................
15,636 
15,636 
Navy 
Indian Island NM 
Ord Storage Pads W/2 Covers ...................
13,130 
Navy 
Spokane 
Jnt Pers Recovery agency Specialized 
SERE Tra.
12,707 
12,707 
West Virginia 
AirlGuard 
Martinsburg 
C–5 Taxiway Upgrades ..............................
19,500 
Navy 
Navy, Sugar Grove Emergency Services Center .......................
10,990 
ARNG 
St. Albans Armory 
Readiness Center Additions .......................
2,000 
Wisconsin 
USAR 
Fort McCoy 
Combined Arms Collective Training Facil-
ity.
25,000 
25,000 
USAR 
Fort McCoy 
Range Utility Upgrade ...............................
3,850 
AirlGuard 
General Mitchell 
IAP 
Upgrade Corrosion Control Hanger ..........
5,000 
Wyoming 
AirlGuard 
Cheyenne Airport 
Squadron Operations ..................................
1,500 
Air Force 
F. E. Warren AFB 
ADAL Missile Service Complex .................
9,100 
9,100 
Zu 
Air Force 
Unspecified World-
wide 
Recission Pl 110–417 UAS Maint Com-
plex.
–22,000 
Air Force 
Unspecified World-
wide 
Recission Pl 110–417 UAS Ops Complex ..
–15,500 
BRAC 05 
Unspecified World-
wide 
Base Realignment and Closure 2005 ........
7,479,498 
7,455,498 
BRAC IV 
Unspecified World-
wide 
Base Realignment and Closure IV ............
396,768 
496,768 
Army 
Various Locations 
Brigade Combat Team Stationing .............
–166,000 
Army 
Various Locations 
Trainee Troop Housing ...............................
350,000 
Afghanistan 
Air Force 
Bagram Air Base 
Passenger Terminal ....................................
22,000 
22,000 
Army 
Bagram Air Base 
Fuel System Ph 6 ........................................
12,000 
12,000 
Army 
Bagram Air Base 
Fuel System Ph 7 ........................................
5,000 
5,000 
Army 
Bagram Air Base 
Coalition Operation Center ........................
49,000 
49,000 
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123 STAT. 2819 
PUBLIC LAW 111–84—OCT. 28, 2009 
MILITARY CONSTRUCTION 
(In Thousands of Dollars) 
Account 
State/Country and 
Installation 
Project Title 
Budget 
Request 
Conference 
Agreement 
Army 
Bagram Air Base 
APS Compound ...........................................
38,000 
Army 
Bagram Air Base 
Aviation Support Facility ...........................
2,600 
2,600 
Army 
Bagram Air Base 
Barracks ......................................................
18,500 
18,500 
Army 
Bagram Air Base 
Command and Control Facility .................
38,000 
Army 
Bagram Air Base 
Perimeter Fence and Guard Towers .........
7,000 
Bahrain 
Navy 
SW Asia 
Waterfront Development phase 2 ..............
41,526 
41,526 
Belgium 
Def-Wide 
Brussels 
Replace Elementary School (shape) ..........
38,124 
38,124 
Army 
Mons 
NATO SOF Operational Support ..............
20,000 
Def-Wide 
Brussels 
NATO Headquarters ...................................
41,400 
Colombia 
Air Force 
Palanquero Ab 
Palanquero AB Development .....................
46,000 
46,000 
Czech Republic 
Def-Wide 
Various Locations 
Recission Pl 110–417 Emcr Site ................
–108,560 
Djibouti 
Navy 
Camp Lemonier 
Interior Paved Roads Phase A ...................
7,275 
7,275 
Navy 
Camp Lemonier 
Ammo Supply Point ....................................
21,689 
21,689 
Navy 
Camp Lemonier 
Security Fencing I .......................................
8,109 
8,109 
Navy 
Camp Lemonier 
Fire Station .................................................
4,772 
4,772 
Germany 
Army 
Ansbach 
Barracks ......................................................
17,500 
17,500 
Army 
Ansbach 
Barracks ......................................................
14,200 
14,200 
FH Con Army 
Baumholder 
Family 
Housing 
Replacement 
Constru(138 Units).
18,000 
18,000 
Def-Wide 
Boeblingen 
New Elementary School .............................
50,000 
Def-Wide 
Kaiserlautern AB 
Kaiserslautern Complex-phase 1 ...............
19,380 
19,380 
Def-Wide 
Kaiserlautern AB 
Kaiserslautern HS Replace School ............
74,165 
74,165 
Army 
Kleber Kaserne 
Barracks ......................................................
20,000 
20,000 
Army 
Landstuhl 
Warrior In Transition (WT) Complex .......
25,000 
Air Force 
Ramstein AB 
Construct Age Maint Complex ...................
11,500 
11,500 
Air Force 
Ramstein AB 
Contingency Response Group Command ..
23,200 
23,200 
Air Force 
Spangdahlem AB 
Fitness Ctr ...................................................
23,500 
23,500 
Def-Wide 
Weisbaden 
Wiesbaden HS New Cafeteria and Kitch-
en.
5,379 
5,379 
FH Con Army 
Weisbaden 
Family Housing replacement Const Inc 2 
10,000 
10,000 
FH Con Army 
Weisbaden 
Family Housing replacement Const Inc 2 
11,000 
11,000 
FH Con Army 
Weisbaden 
Family Housing replacement Const Inc 2 
11,000 
11,000 
Greece 
Def-Wide 
Souda Bay 
Fuel Storage Tanks & Pipeline Rpl ..........
24,000 
24,000 
Guam 
Def-Wide 
Agana Naval Air 
Station 
Replace Gas Cylander Storage Facility ....
4,900 
4,900 
Air Force 
Andersen AFB 
Postal Service Center .................................
3,500 
Air Force 
Andersen AFB 
Strike Fol Electrical Infrastructure ..........
33,750 
33,750 
Air Force 
Andersen AFB 
NW Field ATFP Perimeter Fence and 
Road.
4,752 
4,752 
Air Force 
Andersen AFB 
Commando Warrior Operations Fac .........
4,200 
4,200 
Air Force 
Andersen AFB 
NW Field Combat Spt Vehicle Maint Fac 
15,500 
15,500 
ARNG 
Barrigada 
Readiness Center ........................................
30,000 
30,000 
Def-Wide 
Guam 
Hospital Replacement incr I ......................
259,156 
259,156 
FH Con Navy 
Guam 
Replace Guam N. Tipalao ph III ...............
20,730 
20,730 
Navy 
Guam 
Consolidated Slc Training & CSS–15 HQ 
Fac.
45,309 
45,309 
Navy 
Guam 
Military Working Dog Relocation, Apra 
Harbor.
27,070 
14,000 
Navy 
Guam 
Defense Access Road improvements ..........
48,860 
48,860 
Navy 
Guam 
AAFB North Ramp Utilities Incr 1 ...........
21,500 
21,500 
Navy 
Guam 
AAFB North Ramp Parking incr 1 ............
88,797 
88,797 
Navy 
Guam 
Apra Harbor Wharves Imp. Incr 1 ............
167,033 
127,033 
Navy 
Guam 
Torpedo Exercise Support Building ...........
15,627 
15,627 
Def-Wide 
Various Locations 
Unspecified Various locations ....................
Guantanamo 
Def-Wide 
Guantanamo Bay 
Replace Fuel Storage Tanks 
12,500 
12,500 
Italy 
Air Force 
Sigonella 
Global Hawk Aircraft Maint and Ops 
Complex.
31,300 
31,300 
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123 STAT. 2820 
PUBLIC LAW 111–84—OCT. 28, 2009 
MILITARY CONSTRUCTION 
(In Thousands of Dollars) 
Account 
State/Country and 
Installation 
Project Title 
Budget 
Request 
Conference 
Agreement 
Army 
Vicenza 
Bde Complex—Operations spt Fac, Incr 3 
23,500 
23,500 
Army 
Vicenza 
Bde Complex—Barracks/community, Incr 
3.
22,500 
22,500 
Japan 
Army 
Okinawa 
Training Aids Center ..................................
6,000 
6,000 
Army 
Sagamihara 
Training Aids Center ..................................
6,000 
6,000 
Korea 
Army 
Camp Humphreys 
Vehicle Maintenance Shop .........................
19,000 
19,000 
Army 
Camp Humphreys 
Vehicle Maintenance Shop .........................
18,000 
18,000 
Army 
Camp Humphreys 
Fire Stations ................................................
13,200 
13,200 
Def-Wide 
K–16 Airfield 
Convert Warehouses ...................................
5,050 
5,050 
Def-Wide 
Osan AB 
Replace Hydrant Fuel System ...................
28,000 
28,000 
FH Con Navy 
Pusan 
Constr Chinhae Welcome Ctr/warehouse
4,376 
4,376 
Kuwait 
Army 
Camp Arifjan 
APS Warehouses .........................................
82,000 
82,000 
Air Force 
Al Musannah AB 
War Reserve Material Compound .............
47,000 
Air Force 
Al Musannah AB 
AirLift Ramp and Fuel Facilities ..............
69,000 
Poland 
Def-Wide 
Various Locations 
Recission Pl 110–417 European Inter-
ceptor Site.
–42,600 
Puerto Rico 
USAR 
Caguas 
Army Reserve Center/land .........................
12,400 
12,400 
Qatar 
Air Force 
Al Udeid, Qatar 
Blatchford-preston Complex Ph Ii .............
60,000 
60,000 
Spain 
Navy 
Rota 
Reception Airfield Facilities 
26,278 
26,278 
Turkey 
Air Force 
Incirlik Ab 
Construct Consolidated Community Ctr ...
9,200 
9,200 
United Kingdom 
Def-Wide 
Menwith Hill Sta-
tion 
MHS PSC Construction ..............................
37,588 
37,588 
Def-Wide 
Raf Mildenhall 
Connect Fuel Tank Distribution Pipe Ln
4,700 
4,700 
Def-Wide 
Royal Air Force 
Alconbury 
Medical/dental Clinic replacement ............
14,227 
14,227 
Def-Wide 
Royal Air Force 
Lakenheath 
Liberty IS—Gymnasium ............................
4,509 
4,509 
Virgin Islands 
ARNG 
St. Croix 
Regional Training Institute Ph1 ................
20,000 
20,000 
Zc 
Air Force 
Classified Location Classified Planning & Design ....................
3,000 
3,000 
Zu 
NSIP 
NATO Security In-
vest Prgm 
NATO Security Investment Program ........
276,314 
197,414 
AF Reserve 
Unspecified World-
wide 
Planning and Design ..................................
1,976 
3,869 
AF Reserve 
Unspecified World-
wide 
Minor Construction .....................................
800 
800 
Air Force 
Unspecified World-
wide 
Unspecified minor construction .................
18,000 
20,000 
Air Force 
Unspecified World-
wide 
Planning & design ......................................
79,363 
100,562 
AirlGuard 
Unspecified World-
wide 
Minor Construction .....................................
9,000 
17,005 
AirlGuard 
Unspecified World-
wide 
Planning & design ......................................
10,061 
13,021 
Army 
Unspecified World-
wide 
Minor Construction FY 10 .........................
23,000 
25,000 
Army 
Unspecified World-
wide 
Planning & design FY 10 ...........................
153,029 
175,519 
Army 
Unspecified World-
wide 
Host Nation Support FY 10 .......................
25,000 
25,000 
ARNG 
Unspecified World-
wide 
Unspecified Minor construction .................
10,300 
29,682 
ARNG 
Unspecified World-
wide 
Planning and Design ..................................
23,981 
47,429 
Def-Wide 
Unspecified World-
wide 
.......................................................................
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123 STAT. 2821 
PUBLIC LAW 111–84—OCT. 28, 2009 
MILITARY CONSTRUCTION 
(In Thousands of Dollars) 
Account 
State/Country and 
Installation 
Project Title 
Budget 
Request 
Conference 
Agreement 
Def-Wide 
Unspecified World-
wide 
Unspecified Minor construction .................
6,800 
6,800 
Def-Wide 
Unspecified World-
wide 
Planning and Design ..................................
8,855 
8,855 
Def-Wide 
Unspecified World-
wide 
Unspecified Minor construction .................
4,100 
4,100 
Def-Wide 
Unspecified World-
wide 
Minor Construction .....................................
3,717 
3,717 
Def-Wide 
Unspecified World-
wide 
Planning and Design ..................................
2,000 
2,000 
Def-Wide 
Unspecified World-
wide 
Planning and Design ..................................
10,534 
10,534 
Def-Wide 
Unspecified World-
wide 
Unspecified Minor construction .................
6,022 
6,022 
Def-Wide 
Unspecified World-
wide 
Planning and Design ..................................
4,425 
4,425 
Def-Wide 
Unspecified World-
wide 
JEP Exercise Related construction ...........
7,861 
7,861 
Def-Wide 
Unspecified World-
wide 
Minor Construction .....................................
4,525 
4,525 
Def-Wide 
Unspecified World-
wide 
Planning and Design ..................................
72,974 
72,974 
Def-Wide 
Unspecified World-
wide 
Energy Conservation Improvement Pro-
gram.
90,000 
123,013 
Def-Wide 
Unspecified World-
wide 
Contingency construction ...........................
10,000 
10,000 
Def-Wide 
Unspecified World-
wide 
Unspecified Minor construction .................
3,000 
Def-Wide 
Unspecified World-
wide 
Planning and Design ..................................
35,579 
19,079 
Def-Wide 
Unspecified World-
wide 
Planning and Design ..................................
3,575 
3,575 
FH Con AF 
Unspecified World-
wide 
Construction improvements .......................
61,737 
61,737 
FH Con AF 
Unspecified World-
wide 
Classified Project ........................................
50 
50 
FH Con AF 
Unspecified World-
wide 
Planning and Design ..................................
4,314 
4,314 
FH Con Army 
Unspecified World-
wide 
Construction improvements (2428 Units)
219,300 
219,300 
FH Con Army 
Unspecified World-
wide 
Family Housing P&D .................................
3,936 
3,936 
FH Con Navy 
Unspecified World-
wide 
Improvements .............................................
118,692 
118,692 
FH Con Navy 
Unspecified World-
wide 
Design ..........................................................
2,771 
2,771 
FH Ops AF 
Unspecified World-
wide 
Utilities Account .........................................
81,686 
81,686 
FH Ops AF 
Unspecified World-
wide 
Management Account .................................
1,557 
1,557 
FH Ops AF 
Unspecified World-
wide 
Management Account .................................
51,334 
51,334 
FH Ops AF 
Unspecified World-
wide 
Services Account .........................................
20,183 
20,183 
FH Ops AF 
Unspecified World-
wide 
Furnishings Account ...................................
39,182 
39,182 
FH Ops AF 
Unspecified World-
wide 
Miscellaneous Account ...............................
1,543 
1,543 
FH Ops AF 
Unspecified World-
wide 
Leasing Account ..........................................
548 
548 
FH Ops AF 
Unspecified World-
wide 
Leasing ........................................................
102,858 
102,858 
FH Ops AF 
Unspecified World-
wide 
Maintenance Account .................................
1,911 
1,911 
FH Ops AF 
Unspecified World-
wide 
Maintenance (RPMA & RPMC) .................
148,318 
148,318 
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123 STAT. 2822 
PUBLIC LAW 111–84—OCT. 28, 2009 
MILITARY CONSTRUCTION 
(In Thousands of Dollars) 
Account 
State/Country and 
Installation 
Project Title 
Budget 
Request 
Conference 
Agreement 
FH Ops AF 
Unspecified World-
wide 
Housing Privatization .................................
53,816 
53,816 
FH Ops Army 
Unspecified World-
wide 
Utilities Account .........................................
81,650 
81,650 
FH Ops Army 
Unspecified World-
wide 
Operations ...................................................
87,263 
87,263 
FH Ops Army 
Unspecified World-
wide 
Miscellaneous Account ...............................
1,177 
1,177 
FH Ops Army 
Unspecified World-
wide 
Leasing ........................................................
205,685 
205,685 
FH Ops Army 
Unspecified World-
wide 
Maintenance of Real Property ...................
115,854 
115,854 
FH Ops Army 
Unspecified World-
wide 
Privatization Support Costs .......................
31,789 
31,789 
FH Ops DW 
Unspecified World-
wide 
Furnishings Account ...................................
4,426 
4,426 
FH Ops DW 
Unspecified World-
wide 
Leasing ........................................................
33,579 
33,579 
FH Ops DW 
Unspecified World-
wide 
Utilities Account .........................................
274 
274 
FH Ops DW 
Unspecified World-
wide 
Furnishings Account ...................................
19 
19 
FH Ops DW 
Unspecified World-
wide 
Services Account .........................................
29 
29 
FH Ops DW 
Unspecified World-
wide 
Management Account .................................
309 
309 
FH Ops DW 
Unspecified World-
wide 
Maintenance 0f Real Property ...................
366 
366 
FH Ops DW 
Unspecified World-
wide 
Recission (Public Law 110–5) ....................
FH Ops DW 
Unspecified World-
wide 
Operations ...................................................
35 
35 
FH Ops DW 
Unspecified World-
wide 
Leasing ........................................................
10,108 
10,108 
FH Ops DW 
Unspecified World-
wide 
Maintenance of Real Property ...................
69 
69 
FH Ops Navy 
Unspecified World-
wide 
Utilities Account .........................................
53,956 
53,956 
FH Ops Navy 
Unspecified World-
wide 
Furnishings Account ...................................
14,624 
14,624 
FH Ops Navy 
Unspecified World-
wide 
Management Account .................................
60,278 
60,278 
FH Ops Navy 
Unspecified World-
wide 
Miscellaneous Account ...............................
457 
457 
FH Ops Navy 
Unspecified World-
wide 
Services Account .........................................
16,462 
16,462 
FH Ops Navy 
Unspecified World-
wide 
Leasing ........................................................
101,432 
101,432 
FH Ops Navy 
Unspecified World-
wide 
Maintenance of Real Property ...................
94,184 
94,184 
FH Ops Navy 
Unspecified World-
wide 
Privatization Support Costs .......................
27,147 
27,147 
FHIF 
Unspecified World-
wide 
Family Housing improvement Fund .........
2,600 
2,600 
HOAP 
Unspecified World-
wide 
Homeowners Assistance program ..............
23,225 
300,000 
Milcon, Naval 
Res 
Unspecified World-
wide 
Planning and Design ..................................
2,371 
2,951 
Navy 
Unspecified World-
wide 
Unspecified minor construction .................
12,483 
12,483 
Navy 
Unspecified World-
wide 
Planning and Design ..................................
166,896 
179,652 
USAR 
Unspecified World-
wide 
Unspecified minor construction .................
3,600 
3,600 
USAR 
Unspecified World-
wide 
Planning and Design ..................................
22,262 
22,716 
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123 STAT. 2823 
PUBLIC LAW 111–84—OCT. 28, 2009 
MILITARY CONSTRUCTION 
(In Thousands of Dollars) 
Account 
State/Country and 
Installation 
Project Title 
Budget 
Request 
Conference 
Agreement 
AF Reserve 
Unspecified World-
wide 
Programmatic Plus Up ...............................
55,000 
AirlGuard 
Unspecified World-
wide 
Programmatic Plus Up ...............................
30,000 
ARNG 
Unspecified World-
wide 
Programmatic Plus Up ...............................
30,000 
Milcon, Naval 
Res 
Unspecified World-
wide 
Programmatic Plus Up ...............................
55,000 
USAR 
Unspecified World-
wide 
Programmatic Plus Up ...............................
30,000 
Total FY2010 Authorizations ................
22,946,036 
23,879,856 
Prior Year Savings ......................................
–175,800 
General Reduction ......................................
–529,091 
Grand Total ...............................................
22,946,036 
23,174,965 
SEC. 4502. 2005 BASE REALIGNMENT AND CLOSURE ROUND FY 2010 
PROJECT LISTING. 
2005 BASE REALIGNMENT AND CLOSURE ROUND FY 2010 PROJECT LISTING 
(In Thousands of Dollars) 
Account 
State and Location 
Project Title 
Project 
Authoriza-
tion 
Con-
ference 
Authoriza-
tion 
AL 
Army 
Anniston (Pelham 
Range) 
Armed Forces Reserve Center ...........................
8,000 
8,000 
Army 
Birmingham 
Armed Forces Reserve Center ...........................
10,000 
10,000 
Army 
Mobile 
Armed Forces Reserve Center ...........................
20,430 
20,430 
Defense 
Wide 
Redstone Arsenal 
Von Braun Complex ...........................................
0 
27,800 
Army 
Tuscaloosa 
Armed Forces Reserve Center ...........................
18,000 
18,000 
AR 
Army 
Camden 
Armed Forces Reserve Center ...........................
9,800 
9,800 
Army 
El Dorado 
Armed Forces Reserve Center ...........................
14,000 
14,000 
Army 
Hot Springs 
Armed Forces Reserve Center ...........................
14,600 
14,600 
Army 
Pine Bluff 
Armed Forces Reserve Center ...........................
15,500 
15,500 
AZ 
Army 
Marana 
Armed Forces Reserve Center ...........................
31,000 
31,000 
CA 
Navy 
Barstow 
Industrial Machine Shop Facility .....................
14,131 
14,130 
Navy 
China Lake 
Shipboard Shock Test Facility ..........................
3,160 
3,160 
Navy 
China Lake 
Weapons Dynamics RDT&E Center .................
5,970 
5,970 
CT 
Army 
Middletown 
Armed Forces Reserve Center, Incr 2 ..............
37,000 
37,000 
DC 
Navy 
Washington 
Navy Systems Management Activity Reloca-
tion (INCR II of II).
71,929 
71,929 
Navy 
Washington 
Renovate 3rd Floor Building 176, Washington 
Navy Yard.
750 
750 
FL 
Army 
Eglin AFB 
Special Forces Complex, Incr 2 .........................
8,000 
8,000 
Air Force 
Eglin AFB 
BRAC F–35 Live Ordnance Load Area (LOLA) 
6,624 
6,624 
Air Force 
Eglin AFB 
CE Facility ..........................................................
2,000 
2,000 
Air Force 
Eglin AFB 
F–35 (JSF) Duke Field Control Tower .............
2,280 
2,280 
Air Force 
Eglin AFB 
Fitness Facility ...................................................
2,750 
2,750 
Air Force 
Eglin AFB 
STOVL Simulated Carrier Practice Landing 
Deck.
27,690 
27,690 
Air Force 
Eglin AFB 
School Age Facility .............................................
2,600 
2,600 
Air Force 
Eglin AFB 
Security Forces Facility .....................................
890 
890 
Air Force 
Eglin AFB 
Taxiway Extension .............................................
13,000 
13,000 
Air Force 
Eglin AFB 
Traffic Management Cargo Processing Facility 
900 
900 
GA 
Army 
Benning 
AAFES Troop Store ............................................
1,950 
1,950 
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123 STAT. 2824 
PUBLIC LAW 111–84—OCT. 28, 2009 
2005 BASE REALIGNMENT AND CLOSURE ROUND FY 2010 PROJECT LISTING 
(In Thousands of Dollars) 
Account 
State and Location 
Project Title 
Project 
Authoriza-
tion 
Con-
ference 
Authoriza-
tion 
Army 
Benning 
Armed Forces Reserve Center ...........................
18,000 
18,000 
Army 
Benning 
Equipment Concentration Site ..........................
43,000 
43,000 
Army 
Benning 
General Instruction Complex 2, Incr 2 .............
58,000 
58,000 
Army 
Benning 
Maneuver Ctr HQ & CDI Bldg Expansion ......
42,000 
42,000 
Army 
Benning 
Medical Facility, Incr 2 ......................................
77,000 
77,000 
IA 
Army 
Cedar Rapids 
Armed Forces Reserve Center ...........................
42,000 
42,000 
Army 
Iowa AAP 
Armed Forces Reserve Center ...........................
27,000 
27,000 
Army 
Muscatine 
Armed Forces Reserve Center ...........................
8,800 
8,800 
IL 
Army 
Rock Island 
Army Headquarters Building Renovation ........
20,000 
20,000 
KY 
Army 
Campbell 
Armed Forces Reserve Center ...........................
5,900 
5,900 
Army 
Campbell 
Headquarters Building, Group ..........................
14,800 
14,800 
Army 
Knox 
Armed Forces Reserve Center ...........................
2,300 
2,300 
MD 
Army 
Aberdeen PG 
C4ISR, Phase 2, Incr 2 ......................................
156,000 
156,000 
Defense 
Wide 
Bethesda 
(WRNMMC) 
Medical Center Addition—Increment 3 ............
108,850 
108,850 
Defense 
Wide 
Bethesda 
(WRNMMC) 
Traffic Mitigation Increment 1 ..........................
18,400 
18,400 
Defense 
Wide 
Bethesda 
(WRNMMC) 
Site Utility Infrastructure Upgrade for NICoE 
0 
6,500 
Army 
Detrick 
Joint Bio-Med RDA Management Center ........
8,300 
8,300 
Army 
Forest Glenn 
Museum ...............................................................
12,200 
12,200 
Defense 
Wide 
Fort Meade 
Construct DISA Building ...................................
131,662 
131,662 
Army 
Fort Meade 
Defense Media Activity, Incr 2 ..........................
17,000 
17,000 
ME 
..............................................................................
Navy 
Brunswick 
Marine Corps Reserve Center ...........................
12,960 
12,960 
MI 
..............................................................................
Army 
Detroit Arsenal 
Administrative Office Buildings, Incr 2 ...........
0 
21,384 
Army 
Detroit Arsenal 
Weapons Systems Support and Training .........
8,300 
8,300 
Army 
Ft. Custer (Au-
gusta) 
Armed Forces Reserve Center ...........................
18,500 
18,500 
Air Force 
Selfridge ANGB 
A10 Arm/Disarm Apron .....................................
1,350 
1,350 
Air Force 
Selfridge ANGB 
Repair Munitions Admin Building 891 ............
3,100 
3,100 
Air Force 
Selfridge ANGB 
Upgrade Munitions Maintenance Shop ............
1,650 
1,650 
Air Force 
Selfridge ANGB 
Upgrade Munitions Missile Maintenance Bays 
2,350 
2,350 
MO 
Army 
Kirksville 
Armed Forces Reserve Center ...........................
6,600 
6,600 
MT 
Army 
Great Falls 
Armed Forces Reserve Center ...........................
7,600 
7,600 
NC 
Army 
Bragg 
Band Training Facility ......................................
4,200 
4,200 
Army 
Bragg 
Headquarters Bldg, FORSCOM/USARC, Incr 
3.
124,000 
124,000 
Army 
Wilmington 
Armed Forces Reserve Center ...........................
17,500 
17,500 
ND 
Army 
Fargo 
Armed Forces Reserve Center ...........................
11,200 
11,200 
NE 
Army 
Columbus 
Armed Forces Reserve Center ...........................
9,300 
9,300 
Army 
McCook 
Armed Forces Reserve Center ...........................
7,900 
7,900 
NJ 
Army 
Camden 
Armed Forces Reserve Center ...........................
21,000 
21,000 
NY 
Army 
West Point 
US Military Academy Prep School, Incr 2 .......
0 
98,000 
OH 
Army 
Columbus 
Armed Forces Reserve Center, Incr 2 ..............
0 
30,218 
Navy 
Akron 
Armed Forces Reserve Center ...........................
13,840 
13,840 
OK 
Army 
Sill 
Joint Fires & Effects Simulator Building ........
28,000 
28,000 
Air Force 
Will Rogers World 
APT AGS 
Relocate Global Air Traffic Operation Program 
Office.
1,200 
1,200 
PA 
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123 STAT. 2825 
PUBLIC LAW 111–84—OCT. 28, 2009 
2005 BASE REALIGNMENT AND CLOSURE ROUND FY 2010 PROJECT LISTING 
(In Thousands of Dollars) 
Account 
State and Location 
Project Title 
Project 
Authoriza-
tion 
Con-
ference 
Authoriza-
tion 
Army 
Allentown 
Armed Forces Reserve Center ...........................
15,000 
15,000 
Army 
Tobyhanna 
Electronics Maintenance Shop, Depot Level ....
3,200 
3,200 
Air Force 
Willow Grove ARS, 
NAS Willow 
Grove JRB 
Establish Enclave ...............................................
4,000 
4,000 
RI 
Army 
Bristol 
Armed Forces Reserve Center ...........................
17,500 
17,500 
SC 
Navy 
Charleston 
SPAWAR Data Center .......................................
9,670 
9,670 
Navy 
Goose Creek 
Consolidated Brig Addition ...............................
9,790 
9,790 
Army 
Shaw AFB 
Headquarters Building, Third US Army, Incr 
2.
55,000 
55,000 
TN 
Army 
Chattanooga 
Armed Forces Reserve Center ...........................
8,900 
8,900 
TX 
Army 
Bliss 
Brigade Combat Team Complex #3, Incr 3 ......
110,000 
110,000 
Army 
Bliss 
Combat Aviation Brigade Complex, Incr 3 ......
94,000 
94,000 
Army 
Bliss 
Hospital Add/Alt, WBAMC ................................
24,000 
0 
Army 
Bliss 
Hospital Replacement ........................................
89,000 
89,000 
Army 
Bliss 
Tactical Equipment Maintenance Facility 2 ....
104,000 
104,000 
Army 
Brownsville 
Armed Forces Reserve Center ...........................
15,000 
15,000 
Army 
Huntsville 
Armed Forces Reserve Center ...........................
16,000 
16,000 
Army 
Kingsville 
Armed Forces Reserve Center ...........................
17,500 
17,500 
Air Force 
Lackland AFB 
Joint Base San Antonio Headquarters Facility 
8,500 
8,500 
Army 
Lufkin 
Armed Forces Reserve Center ...........................
15,500 
15,500 
Air Force 
Randolph AFB 
Renovate Building 38 .........................................
2,050 
2,050 
Army 
Red River 
Armed Forces Reserve Center ...........................
14,200 
14,200 
Defense 
Wide 
Fort Sam Houston 
San Antonio Military Medical Center (North) 
Incr 3.
0 
163,750 
Army 
Sam Houston 
Add/Alt Building 2270 .......................................
18,000 
18,000 
Army 
Sam Houston 
Housing, Enlisted Permanent Party .................
10,800 
10,800 
Army 
Sam Houston 
IMCOM Campus Area Infrastructure ..............
11,000 
11,000 
Army 
Sam Houston 
Headquarters Bldg, IMCOM .............................
48,000 
48,000 
VA 
Army 
Belvoir 
Infrastructure Support, Incr 3 ..........................
13,000 
13,000 
Army 
Belvoir 
Infrastructure Support, Incr 3 ..........................
39,400 
39,400 
Army 
Belvoir 
NARMC HQ Building ........................................
17,500 
17,500 
Defense 
Wide 
Fort Belvoir 
NGA Headquarters Facility ..............................
0 
168,749 
Defense 
Wide 
Fort Belvoir 
Hospital Replacement—Increment 4 ................
140,750 
140,750 
Defense 
Wide 
Fort Belvoir 
Dental Clinic .......................................................
12,600 
12,600 
Defense 
Wide 
Fort Belvoir 
Office Complex Increment 3 ..............................
360,533 
Army 
Eustis 
Bldg 705 Renv (AAA & 902d MI) .....................
1,600 
1,600 
Army 
Eustis 
Headquarters Bldg, IMCOM Eastern Region ..
5,700 
5,700 
Army 
Eustis 
Headquarters Building, TRADOC, Incr 2 ........
34,300 
34,300 
Army 
Eustis 
Joint Task Force—Civil Support .......................
19,000 
19,000 
Army 
Eustis 
Renovation for ACA and NETCOM ..................
4,800 
4,800 
Army 
Lee 
AAFES Troop Store ............................................
1,850 
1,850 
Army 
Lee 
Administrative Building (DCMA) .....................
28,000 
28,000 
Army 
Lee 
Combat Service Support School, Ph 1, Incr 4 ..
0 
30,000 
Army 
Lee 
Combat Service Support School, Ph 2, Incr 3 ..
137,000 
137,000 
Army 
Lee 
Combat Service Support School, Ph 3, Incr 2 ..
145,000 
145,000 
Army 
Lee 
Consolidated Troop Med/Dntl Clinic ................
20,000 
20,000 
Army 
Lee 
HQs, Transportation Management Detach-
ment.
1,200 
1,200 
Army 
Lee 
USMC Training Facilities .................................
25,000 
25,000 
Navy 
Arlington 
Crystal Park 5 to Arlington Service Center .....
33,660 
33,660 
Navy 
Chesapeake 
Joint Regional Correctional Facility (INCR II 
of II).
0 
47,560 
Navy 
Norfolk 
Building 1558 Renovations for SPAWAR .........
2,510 
2,510 
WV 
Army 
Elkins 
Armed Forces Reserve Center ...........................
22,000 
22,000 
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123 STAT. 2826 
PUBLIC LAW 111–84—OCT. 28, 2009 
2005 BASE REALIGNMENT AND CLOSURE ROUND FY 2010 PROJECT LISTING 
(In Thousands of Dollars) 
Account 
State and Location 
Project Title 
Project 
Authoriza-
tion 
Con-
ference 
Authoriza-
tion 
Army 
Fairmont 
Armed Forces Reserve Center ...........................
21,000 
21,000 
Army 
Spencer-Ripley 
Armed Forces Reserve Center ...........................
19,540 
19,540 
WW 
Army 
Various 
Planning and Design ..........................................
26,100 
26,100 
Army 
Various 
Environmental ....................................................
147,693 
147,693 
Navy 
Various 
Environmental ....................................................
16,529 
16,529 
Air Force 
Various 
Environmental ....................................................
19,454 
19,454 
Defense 
Wide 
Various 
Environmental ....................................................
0 
0 
Army 
Various 
Operation and Maintenance ..............................
1,169,334 
1,169,334 
Navy 
Various 
Operation and Maintenance ..............................
322,495 
322,495 
Air Force 
Various 
Operation and Maintenance ..............................
288,459 
288,459 
Defense 
Wide 
Various 
Operation and Maintenance ..............................
836,715 
836,715 
Army 
Various 
MilPers PCS .......................................................
0 
0 
Navy 
Various 
MilPers PCS .......................................................
6,504 
6,504 
Air Force 
Various 
MilPers PCS .......................................................
3,970 
3,970 
Defense 
Wide 
Various 
MilPers PCS .......................................................
0 
0 
Army 
Various 
Other ...................................................................
311,138 
311,138 
Navy 
Various 
Other ...................................................................
20,115 
20,115 
Air Force 
Various 
Other ...................................................................
23,443 
23,443 
Defense 
Wide 
Various 
Other ...................................................................
412,320 
412,320 
Defense 
Wide 
Various 
Other ...................................................................
Subtotal BRAC 2005 FY 2010, Army ...............
4,057,037 
Subtotal BRAC 2005 FY 2010, Navy ................
591,572 
Subtotal BRAC 2005 FY 2010, Air Force .........
418,260 
Subtotal BRAC 2005 FY 2010, Defense Wide
2,388,629 
Total BRAC 2005 FY 2010 All Categories ..
5,934,740 
7,455,498 
Army 
Various 
Base Realignment and Closure IV, Army ........
138,723 
Navy 
Various 
Base Realignment and Closure IV, Navy .........
228,000 
Air Force 
Various 
Base Realignment and Closure IV, Air Force ..
127,364 
Defense 
Wide 
Various 
Base Realignment and Closure IV, Defense 
Wide.
2,681 
Total BRAC IV for FY 2010 ...........................
496,768 
SEC. 4503. MILITARY CONSTRUCTION FOR OVERSEAS CONTINGENCY 
OPERATIONS. 
MILITARY CONSTRUCTION FOR OVERSEAS CONTIGENCY OPERATIONS 
(In Thousands of Dollars) 
Service 
Country and Location 
Project 
Request Conference 
Authorized 
Afghanistan 
Army 
Airborne ......................
Dining Facility ......................................................
2,200 
2,200 
Army 
Airborne ......................
Waste Management Area ....................................
5,600 
5,600 
Army 
Altimur ........................
Dining Facility ......................................................
2,150 
2,150 
Army 
Altimur ........................
Waste Management Area ....................................
5,600 
5,600 
Army 
Asadabad .....................
Waste Management Area ....................................
5,500 
5,500 
Air Force 
Bagram Air Base ........
Cargo Terminal .....................................................
13,800 
13,800 
Air Force 
Bagram Air Base ........
Aviation Operations & Maintenance Facilities ..
8,900 
8,900 
Air Force 
Bagram Air Base ........
Expeditionary Fighter Shelter ............................
6,400 
6,400 
Army 
Bagram Air Base ........
Troop Housing Phase 3 ........................................
22,000 
0 
Army 
Bagram Air Base ........
Drainage System, Ph 2 ........................................
21,000 
21,000 
Army 
Bagram Air Base ........
APS Compound .....................................................
0 
38,000 
Army 
Bagram Air Base ........
Barracks ................................................................
0 
0 
Army 
Bagram Air Base ........
Perimeter Fence and Guard Towers ...................
0 
7,000 
Army 
Bagram Air Base ........
Command and Control Facility ...........................
0 
38,000 
Army 
Bagram Air Base ........
Access Roads .........................................................
21,000 
21,000 
Army 
Bagram Air Base ........
Command and Control Facility ...........................
4,500 
4,500 
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123 STAT. 2827 
PUBLIC LAW 111–84—OCT. 28, 2009 
MILITARY CONSTRUCTION FOR OVERSEAS CONTIGENCY OPERATIONS 
(In Thousands of Dollars) 
Service 
Country and Location 
Project 
Request Conference 
Authorized 
Army 
Bagram Air Base ........
Medlog Warehouse ...............................................
3,350 
3,350 
Army 
Blessing .......................
Waste Management Area ....................................
5,600 
5,600 
Army 
Bostick .........................
Waste Management Area ....................................
5,500 
5,500 
Air Force 
Dwyer ..........................
Cargo Handling Area ...........................................
4,900 
4,900 
Army 
Dwyer ..........................
Contingency Housing Phase 1 .............................
8,600 
0 
Army 
Dwyer ..........................
Contingency Housing Phase 2 .............................
6,900 
0 
Army 
Dwyer ..........................
Fuel System, Ph 1 ................................................
5,800 
5,800 
Army 
Dwyer ..........................
Waste Management Complex ..............................
6,900 
6,900 
Army 
Dwyer ..........................
Dining Facility ......................................................
6,600 
6,600 
Army 
Frontenac ....................
Dining Facility ......................................................
2,200 
2,200 
Army 
Frontenac ....................
Contingency Housing ...........................................
3,800 
0 
Army 
Gardez .........................
Tactical Runway ...................................................
28,000 
28,000 
Army 
Gardez .........................
Dining Facility ......................................................
2,200 
2,200 
Army 
Gardez .........................
Contingency Housing ...........................................
8,400 
0 
Army 
Gardez .........................
Fuel System, Ph 1 ................................................
6,000 
6,000 
Army 
Ghazni .........................
Waste Management Complex ..............................
5,500 
5,500 
Army 
Jalalabad .....................
Dining Facility ......................................................
4,350 
4,350 
Army 
Jalalabad .....................
Ammunition Supply Point ...................................
35,000 
35,000 
Army 
Jalalabad .....................
Contingency Housing ...........................................
6,900 
0 
Army 
Jalalabad .....................
Perimeter Fencing ................................................
2,050 
2,050 
Army 
Joyce ............................
Dining Facility ......................................................
2,100 
2,100 
Army 
Joyce ............................
Waste Management Area ....................................
5,600 
5,600 
Army 
Kabul ...........................
USFOR–A Headquarters & Housing ..................
98,000 
98,000 
Army 
Kabul ...........................
Camp Phoenix West Expansion ..........................
39,000 
39,000 
Air Force 
Kandahar ....................
Secure RSOI Facility ............................................
9,700 
9,700 
Air Force 
Kandahar ....................
Tactical Airlift Apron ...........................................
29,000 
29,000 
Air Force 
Kandahar ....................
Refueler Apron/Relocate HCP .............................
66,000 
66,000 
Air Force 
Kandahar ....................
CAS Apron Expansion .........................................
25,000 
25,000 
Air Force 
Kandahar ....................
ISR Apron Expansion ...........................................
40,000 
40,000 
Air Force 
Kandahar ....................
Aviation Operations & Maintenance Facilities ..
10,500 
10,500 
Air Force 
Kandahar ....................
Expeditionary Fighter Shelter ............................
6,400 
6,400 
Air Force 
Kandahar ....................
Cargo Helicopter Apron .......................................
32,000 
32,000 
Air Force 
Kandahar ....................
Relocate North Airfield Road ..............................
16,000 
16,000 
Army 
Kandahar ....................
Troup Housing Phase 2 ........................................
4,250 
0 
Army 
Kandahar ....................
Command and Control Facility ...........................
4,500 
4,500 
Army 
Kandahar ....................
Tanker Truck Offload Facility .............................
23,000 
23,000 
Army 
Kandahar ....................
Command and Control Facility ...........................
4,500 
4,500 
Army 
Kandahar ....................
Command and Control Facility ...........................
4,500 
4,500 
Army 
Kandahar ....................
Southpark Roads ..................................................
11,000 
11,000 
Army 
Kandahar ....................
Waste Management Complex ..............................
10,000 
10,000 
Army 
Kandahar ....................
Warehouse .............................................................
20,000 
20,000 
Army 
Kandahar ....................
Theater Vehicle Maintenance Facility ................
55,000 
55,000 
Army 
Maywand .....................
Dining Facility ......................................................
2,200 
2,200 
Army 
Maywand .....................
Waste Management Area ....................................
5,600 
5,600 
Army 
Methar-lam .................
Waste Management Area ....................................
4,150 
4,150 
Army 
Salerno ........................
Waste Management Complex ..............................
5,500 
5,500 
Army 
Salerno ........................
Electrical Distribution Grid .................................
2,600 
2,600 
Army 
Salerno ........................
Fuel System, Ph 1 ................................................
12,800 
12,800 
Army 
Salerno ........................
Dining Facility ......................................................
4,300 
4,300 
Army 
Salerno ........................
Runway Upgrade ..................................................
25,000 
25,000 
Air Force 
Shank ..........................
Cargo Handling Area ...........................................
4,900 
4,900 
Army 
Shank ..........................
Dining Facility ......................................................
4,350 
4,350 
Army 
Shank ..........................
Electrical Distribution Grid .................................
4,600 
4,600 
Army 
Shank ..........................
Waste Management Complex ..............................
8,100 
8,100 
Army 
Shank ..........................
Water Distribution System ..................................
2,650 
2,650 
Army 
Shank ..........................
Troup Housing Phase 2 ........................................
8,600 
0 
Army 
Sharana .......................
Rotary Wing Parking ...........................................
32,000 
32,000 
Army 
Sharana .......................
Ammunition Supply Point ...................................
14,000 
14,000 
Army 
Sharana .......................
Aircraft Maintenance Facilities ...........................
12,200 
12,200 
Army 
Sharana .......................
Electrical Distribution Grid .................................
2,600 
2,600 
Air Force 
Tarin Kowt ..................
Cargo Handling Area ...........................................
4,900 
4,900 
Army 
Tarin Kowt ..................
Fuel System Phase 2 ............................................
11,800 
11,800 
Army 
Tarin Kowt ..................
Waste Management Area ....................................
6,800 
6,800 
Army 
Tarin Kowt ..................
Ammunition Supply Point ...................................
35,000 
35,000 
Army 
Tarin Kowt ..................
Dining Facility ......................................................
2,200 
2,200 
Air Force 
Tombstone/Bastion .....
Strategic Airlift Apron Expansion ......................
32,000 
32,000 
Air Force 
Tombstone/Bastion .....
CAS Apron Expansion .........................................
40,000 
40,000 
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123 STAT. 2828 
PUBLIC LAW 111–84—OCT. 28, 2009 
MILITARY CONSTRUCTION FOR OVERSEAS CONTIGENCY OPERATIONS 
(In Thousands of Dollars) 
Service 
Country and Location 
Project 
Request Conference 
Authorized 
Air Force 
Tombstone/Bastion .....
ISR Apron .............................................................
41,000 
41,000 
Air Force 
Tombstone/Bastion .....
Secure RSOI Facility ............................................
10,000 
10,000 
Air Force 
Tombstone/Bastion .....
Cargo Handling Area ...........................................
18,000 
18,000 
Air Force 
Tombstone/Bastion .....
Aviation Operations & Maintenance Facs .........
8,900 
8,900 
Air Force 
Tombstone/Bastion .....
Expeditionary Fighter Shelter ............................
6,300 
6,300 
Army 
Tombstone/Bastion .....
Basic Load Ammunition Holding Area ...............
7,500 
7,500 
Army 
Tombstone/Bastion .....
Dining Facility ......................................................
8,900 
8,900 
Army 
Tombstone/Bastion .....
Entry Control Point and Access Roads ...............
14,200 
14,200 
Army 
Tombstone/Bastion .....
Fuel System, Ph 2 ................................................
14,200 
14,200 
Army 
Tombstone/Bastion .....
Roads .....................................................................
4,300 
4,300 
Army 
Tombstone/Bastion .....
Troop Housing Phase 3 ........................................
3,250 
0 
Army 
Tombstone/Bastion .....
Troop Housing Phase 4 ........................................
3,800 
0 
Army 
Tombstone/Bastion .....
Level 3 Medical Facility .......................................
16,500 
16,500 
Army 
Tombstone/Bastion .....
Water Supply and Distribution System .............
6,200 
6,200 
Air Force 
Wolverine ....................
Cargo Handling Area ...........................................
4,900 
4,900 
Army 
Wolverine ....................
Dining Facility ......................................................
4,350 
4,350 
Army 
Wolverine ....................
Fuel System, Ph 1 ................................................
5,800 
5,800 
Army 
Wolverine ....................
Waste Management Complex ..............................
6,900 
6,900 
Belgium 
Army 
Mons ............................
NATO SOF Operational Support ........................
ZU 
Air Force 
Unspecified World-
wide.
Planning and Design ............................................
35,000 
29,000 
Army 
Unspecified World-
wide.
Minor Construction ..............................................
20,000 
20,100 
Army 
Unspecified World-
wide.
Planning and Design ............................................
76,284 
76,284 
NSA 
Unspecified World-
wide.
Classified Project ..................................................
6,000 
0 
NSA 
Unspecified World-
wide.
Planning and Design ............................................
600 
0 
Grand Total Military Construction ..............
1,404,984 
1,398,984 
TITLE XLVI—DEPARTMENT OF ENERGY 
NATIONAL SECURITY PROGRAMS 
SEC. 4601. DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS. 
DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS 
(In Thousands of Dollars) 
Program 
FY 2010 
Request 
Conference 
Authorized 
Electricity Delivery & Energy Reliability 
Electricity Delivery & Energy Reliability 
Infrastructure security & energy restoration ...........................
6,188 
6,188 
Weapons Activities 
Directed stockpile work 
Life extension programs 
W76 Life extension program ...............................................
209,196 
209,196 
Total, Life extension programs ............................................
209,196 
209,196 
Stockpile systems 
B61 Stockpile systems .........................................................
124,456 
124,456 
W76 Stockpile systems ........................................................
65,497 
65,497 
W78 Stockpile systems ........................................................
50,741 
50,741 
W80 Stockpile systems ........................................................
19,064 
19,064 
B83 Stockpile systems .........................................................
35,682 
35,682 
W87 Stockpile systems ........................................................
51,817 
51,817 
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123 STAT. 2829 
PUBLIC LAW 111–84—OCT. 28, 2009 
DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS 
(In Thousands of Dollars) 
Program 
FY 2010 
Request 
Conference 
Authorized 
W88 Stockpile systems ........................................................
43,043 
43,043 
Total, Stockpile systems ........................................................
390,300 
390,300 
Weapons dismantlement and disposition 
Operation and maintenance ................................................
84,100 
94,100 
Total, Weapons dismantlement and disposition ..............
84,100 
94,100 
Stockpile services 
Production support ...............................................................
301,484 
301,484 
Research and development support ....................................
37,071 
37,071 
R&D certification and safety ...............................................
143,076 
153,076 
Dynamic plutonium experiment—NTS .......................
[10,000] 
Management, technology, and production .........................
200,223 
200,223 
Plutonium infrastructure sustainment ..............................
149,201 
149,201 
Total, Stockpile services ........................................................
831,055 
841,055 
Total, Directed stockpile work ....................................................
1,514,651 
1,534,651 
Campaigns: 
Science campaign 
Advanced certification .........................................................
19,400 
19,400 
Primary assessment technologies .......................................
80,181 
80,181 
Dynamic materials properties .............................................
86,617 
86,617 
Academic alliances ...............................................................
30,251 
30,251 
Advanced radiography .........................................................
22,328 
22,328 
Secondary assessment technologies ....................................
77,913 
77,913 
Total, Science campaign ........................................................
316,690 
316,690 
Engineering campaign 
Enhanced surety ..................................................................
42,000 
47,000 
Program increase ..........................................................
[5,000] 
Weapon systems engineering assessment technology .......
18,000 
18,000 
Nuclear survivability ...........................................................
21,000 
21,000 
Enhanced surveillance .........................................................
69,000 
69,000 
Total, Engineering campaign ...............................................
150,000 
155,000 
Inertial confinement fusion ignition and high yield 
campaign 
Ignition .................................................................................
106,734 
106,734 
NIF diagnostics, cryogenics and experimental support ....
72,252 
73,252 
National Ignition Campaign program increase ..........
[1,000] 
Pulsed power inertial confinement fusion ..........................
5,000 
5,000 
Joint program in high energy density laboratory plasmas 
4,000 
4,000 
Facility operations and target production ..........................
248,929 
266,629 
Omega operations ........................................................
[6,500] 
National Ignition Campaign program increase ..........
[11,200] 
Total, Inertial confinement fusion and high yield cam-
paign ........................................................................................
436,915 
455,615 
Advanced simulation and computing campaign 
Operation and maintenance ................................................
556,125 
556,125 
Total, Advanced simulation and computing campaign
556,125 
556,125 
Readiness Campaign 
Stockpile readiness ..............................................................
5,746 
5,746 
High explosives and weapon operations ............................
4,608 
4,608 
Nonnuclear readiness ..........................................................
12,701 
12,701 
Tritium readiness .................................................................
68,246 
68,246 
Advanced design and production technologies ..................
8,699 
8,699 
Total, Readiness campaign ...................................................
100,000 
100,000 
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123 STAT. 2830 
PUBLIC LAW 111–84—OCT. 28, 2009 
DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS 
(In Thousands of Dollars) 
Program 
FY 2010 
Request 
Conference 
Authorized 
Total, Campaigns ............................................................................
1,559,730 
1,583,430 
Readiness in technical base and facilities (RTBF) 
Operation of facilities ..................................................................
1,342,303 
1,360,303 
Pantex Plant program increase ...................................
[8,000] 
Y–12 National Security Complex program increase ..
[10,000] 
Total, Operation of facilities .................................................
1,342,303 
1,360,303 
Program readiness ......................................................................
73,021 
73,021 
Material recycle and recovery ....................................................
69,542 
69,542 
Containers ....................................................................................
23,392 
23,392 
Storage .........................................................................................
24,708 
24,708 
Subtotal, Readiness in technical base and facilities 
(RTBF) ............................................................................................
1,532,966 
1,550,966 
Construction: 
10–D–501 Nuclear facilities risk reduction Y–12 Na-
tional Security Complex, Oakridge, TN .........................
12,500 
12,500 
99–D–141 Pit disassembly and conversion facility, Sa-
vannah River Site, Aiken, SC .........................................
30,321 
30,321 
09–D–007, LANSCE—Refurbishment, Los Alamos Na-
tional Laboratory, NM .....................................................
0 
24,000 
Program increase in support of RTBF ........................
[24,000] 
09–D–404 Test capabilities revitalization II, Sandia Na-
tional Laboratories, Albuquerque, NM ...........................
0 
5,000 
Program increase in support of RTBF ........................
[5,000] 
08–D–801 High pressure fire loop (HPFL), Pantex, TX ...
31,910 
31,910 
08–D–804 TA–55 Reinvestment project, Los Alamos Na-
tional Laboratory ..............................................................
0 
08–D–802 High Explosive Pressing Facility, Pantex 
Plant, Amarillo, TX ..........................................................
0 
06–D–140 Project engineering design (PED), various lo-
cations ...............................................................................
70,678 
70,678 
06–D–402 NTS replace fire stations 1 & 2 Nevada Test 
Site, NV .............................................................................
1,473 
1,473 
04–D–125 Chemistry and metallurgy facility replace-
ment project, Los Alamos National Laboratory, Los Al-
amos, NM ..........................................................................
55,000 
55,000 
04–D–128 TA–18 Criticality experiments facility (CEF), 
Los Alamos National Laboratory, Nevada Test Site, 
NV ......................................................................................
1,500 
1,500 
Total, Construction .................................................................
203,382 
232,382 
Total, Readiness in technical base and facilities ...................
1,736,348 
1,783,348 
Secure transportation asset 
Operation and equipment ...........................................................
138,772 
138,772 
Program direction .......................................................................
96,143 
96,143 
Total, Secure transportation asset .............................................
234,915 
234,915 
Nuclear counterterrorism incident response ..........................
221,936 
221,936 
Facilities and infrastructure recapitalization program 
Operation and maintenance .......................................................
144,959 
144,959 
Construction 
07–D–253 TA 1 heating systems modernization (HSM) 
Sandia National Laboratory ............................................
9,963 
9,963 
Total, Construction .................................................................
9,963 
9,963 
Total, Facilities and infrastructure recapitalization pro-
gram ................................................................................................
154,922 
154,922 
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123 STAT. 2831 
PUBLIC LAW 111–84—OCT. 28, 2009 
DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS 
(In Thousands of Dollars) 
Program 
FY 2010 
Request 
Conference 
Authorized 
Site stewardship 
Environmental projects and operations ....................................
41,288 
41,288 
Nuclear materials integration ....................................................
20,000 
20,000 
Stewardship planning .................................................................
29,086 
29,086 
Total, Site stewardship ..................................................................
90,374 
90,374 
Safeguards and security 
Defense nuclear security 
Operation and maintenance ................................................
700,044 
700,044 
Construction: 
10–D–701 Security improvements project Y–12 Na-
tional Security Complex, Oak Ridge, TN ................
49,000 
49,000 
Total, Construction ..........................................................
49,000 
49,000 
Total, Defense nuclear security ...........................................
749,044 
749,044 
Cyber security .............................................................................
122,511 
122,511 
Total, Safeguards and security ...................................................
871,555 
871,555 
Use of prior year balances ............................................................
–42,000 
Total, Weapons Activities .....................................................................
6,384,431 
6,433,131 
Defense Nuclear Nonproliferation 
Nonproliferation and verification research and develop-
ment 
Operation and maintenance ......................................................
297,300 
337,300 
Nonproliferation and international security ...........................
207,202 
187,202 
International nuclear materials protection and coopera-
tion ..................................................................................................
552,300 
592,050 
MPC&A .......................................................................................
[39,750] 
Elimination of weapons-grade plutonium production pro-
gram ................................................................................................
24,507 
24,507 
Fissile materials disposition 
U.S. surplus fissile materials disposition 
Operation and maintenance 
U.S. plutonium disposition ...........................................
90,896 
90,896 
U.S. uranium disposition .............................................
34,691 
34,691 
Supporting activities ....................................................
1,075 
1,075 
Total, Operation and maintenance ..............................
126,662 
126,662 
Construction: 
99–D–143 Mixed oxide fuel fabrication facility, Sa-
vannah River Site, SC ..............................................
504,238 
504,238 
99–D–141–02 Waste solidification building, Savan-
nah River, SC ............................................................
70,000 
70,000 
Total, Construction ..........................................................
574,238 
574,238 
Total, U.S. surplus fissile materials disposition ..............
700,900 
700,900 
Russian surplus materials disposition ......................................
1,000 
1,000 
Total, Fissile materials disposition ............................................
701,900 
701,900 
Global threat reduction initiative ..............................................
353,500 
333,500 
Subtotal, Defense Nuclear Nonproliferation ..................................
2,136,709 
2,176,459 
Total, Defense Nuclear Nonproliferation ........................................
2,136,709 
2,176,459 
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123 STAT. 2832 
PUBLIC LAW 111–84—OCT. 28, 2009 
DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS 
(In Thousands of Dollars) 
Program 
FY 2010 
Request 
Conference 
Authorized 
Naval Reactors 
Naval reactors development 
Operation and maintenance 
Operation and maintenance ................................................
935,533 
935,533 
Total, Operation and maintenance .....................................
935,533 
935,533 
Construction: 
10–D–903, KAPL Security upgrades, Schnectady, NY .....
1,500 
1,500 
10–D–904, NRF infrastructure upgrades, ID ....................
700 
700 
09–D–190, 
PED, 
Infrastructure 
upgrades, 
KAPL, 
Schnectady, NY ................................................................
1,000 
1,000 
09–D–902, NRF Production Support Complex, ID ............
6,400 
6,400 
08–D–190 NRF Project engineering and design Ex-
pended Core Facility M–290 receiving/discharge sta-
tion, ID ..............................................................................
9,500 
9,500 
07–D–190 Materials research and technology complex, 
BAPL, Pittsburgh, PA ......................................................
11,700 
11,700 
Total, Construction .................................................................
30,800 
30,800 
Total, Naval reactors development ............................................
966,333 
966,333 
Program direction ...............................................................................
36,800 
36,800 
Total, Naval Reactors ............................................................................
1,003,133 
1,003,133 
Office Of The Administrator 
Office of the administrator ................................................................
431,074 
431,074 
Use of prior year balances .................................................................
–10,320 
–10,320 
Total, Office Of The Administrator ...................................................
420,754 
420,754 
Total, National Nuclear Security Administration .........................
9,945,027 10,033,477 
Defense Environmental Cleanup 
Closure sites: 
Closure sites administration ......................................................
8,225 
8,225 
Miamisburg ..................................................................................
33,243 
33,243 
Total, Closure sites .........................................................................
41,468 
41,468 
Hanford site: 
2012 accelerated completions 
Nuclear facility D&D river corridor closure project ..........
327,955 
327,955 
Nuclear material stabilization and disposition PFP .........
118,087 
118,087 
SNF stabilization and disposition .......................................
55,325 
55,325 
Total, 2012 accelerated completions ...................................
501,367 
501,367 
2035 accelerated completions 
Nuclear facility D&D—remainder of Hanford ...................
70,250 
70,250 
Richland community and regulatory support ....................
21,940 
21,940 
Soil and water remediation—groundwater vadose zone ...
176,766 
176,766 
Solid waste stabilization and disposition 200 area ...........
132,757 
132,757 
Total, 2035 accelerated completions ...................................
401,713 
401,713 
Total, Hanford site ..........................................................................
903,080 
903,080 
Idaho National Laboratory: 
SNF stabilization and disposition—2012 ..................................
14,768 
14,768 
Solid waste stabilization and disposition ..................................
137,000 
137,000 
Radioactive liquid tank waste stabilization and disposition ...
95,800 
95,800 
Construction 
06–D–401 Sodium bearing waste treatment project, 
Idaho ..................................................................................
83,700 
83,700 
Soil and water remediation—2012 ............................................
71,000 
71,000 
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123 STAT. 2833 
PUBLIC LAW 111–84—OCT. 28, 2009 
DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS 
(In Thousands of Dollars) 
Program 
FY 2010 
Request 
Conference 
Authorized 
Idaho community and regulatory support .................................
3,900 
3,900 
Total, Idaho National Laboratory ...............................................
406,168 
406,168 
NNSA sites 
Lawrence Livermore National Laboratory ................................
910 
910 
NNSA Service Center/SPRU ......................................................
17,938 
17,938 
Nevada .........................................................................................
65,674 
65,674 
California site support ................................................................
238 
238 
Sandia National Laboratories ....................................................
2,864 
2,864 
Los Alamos National Laboratory ...............................................
189,000 
189,000 
Total, NNSA sites and Nevada off-sites .....................................
276,624 
276,624 
Oak Ridge Reservation: 
Building 3019 ..............................................................................
38,900 
38,900 
Nuclear facility D & D ORNL ....................................................
38,900 
38,900 
Nuclear facility D & D Y–12 ......................................................
34,000 
34,000 
Nuclear facility D & D, E. Tennessee technology park ............
100 
100 
OR reservation community and regulatory support .................
6,253 
6,253 
Solid waste stabilization and disposition—2012 ......................
35,615 
35,615 
Total, Oak Ridge Reservation ......................................................
153,768 
153,768 
Office of River Protection: 
Waste treatment and immobilization plant 
Construction: 
01–D–416 Waste treatment and immobilization 
plant 
01–D–16A Low activity waste facility .........................
100,000 
100,000 
01–D–16B Analytical laboratory .................................
55,000 
55,000 
01–D–16C Balance of facilities ....................................
50,000 
50,000 
01–D–16D High level waste facility ............................
160,000 
160,000 
01–D–16E Pretreatment facility ..................................
325,000 
325,000 
Total, Waste treatment and immobilization plant ..........
690,000 
690,000 
Tank farm activities 
Rad liquid tank waste stabilization and disposition .........
408,000 
408,000 
Total, Office of River protection .................................................
1,098,000 
1,098,000 
Savannah River sites: 
Nuclear material stabilization and disposition 
Nuclear material stabilization and disposition .................
385,310 
385,310 
Construction: 
08–D–414 Project engineering and design Plutonium 
Vitrification Facility, VL ...........................................
6,315 
6,315 
Total, Nuclear material stabilization and disposition ...
391,625 
391,625 
2035 accelerated completions 
SR community and regulatory support ..............................
18,300 
18,300 
Spent nuclear fuel stabilization and disposition ...............
38,768 
38,768 
Total, 2035 accelerated completions ...................................
57,068 
57,068 
Tank farm activities 
Radioactive liquid tank waste stabilization and disposi-
tion .....................................................................................
527,138 
527,138 
Construction: 
05–D–405 Salt waste processing facility, Savannah 
River ...........................................................................
234,118 
234,118 
Total, Tank farm activities ....................................................
761,256 
761,256 
Total, Savannah River site ...........................................................
1,209,949 
1,209,949 
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123 STAT. 2834 
PUBLIC LAW 111–84—OCT. 28, 2009 
DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS 
(In Thousands of Dollars) 
Program 
FY 2010 
Request 
Conference 
Authorized 
Waste Isolation Pilot Plant 
Waste isolation pilot plant .........................................................
144,902 
144,902 
Central characterization project ................................................
13,730 
13,730 
Transportation .............................................................................
33,851 
33,851 
Community and regulatory support ..........................................
27,854 
27,854 
Total, Waste Isolation Pilot Plant ...............................................
220,337 
220,337 
Program direction ...............................................................................
355,000 
355,000 
Program support .................................................................................
34,000 
34,000 
Safeguards and Security: 
Waste Isolation Pilot Project ......................................................
4,644 
4,644 
Oak Ridge Reservation ...............................................................
32,400 
32,400 
West Valley ..................................................................................
1,859 
1,859 
Paducah .......................................................................................
8,190 
8,190 
Portsmouth ..................................................................................
17,509 
17,509 
Richland/Hanford Site ................................................................
82,771 
82,771 
Savannah River Site ...................................................................
132,064 
132,064 
Total, Safeguards and Security ...................................................
279,437 
279,437 
Technology development ....................................................................
55,000 
55,000 
Uranium enrichment D&D fund contribution .................................
463,000 
463,000 
Subtotal, Defense environmental cleanup .......................................
5,495,831 
5,495,831 
UNDISTRIBUTED 
Realignment to support NNSA Weapons Activities ........................
0 
Transfer to Title II .............................................................................
0 
Total, Defense Environmental Cleanup ...........................................
5,495,831 
5,495,831 
Other Defense Activities 
Health, safety and security 
Health, safety and security ........................................................
337,757 
337,757 
Program direction .......................................................................
112,125 
112,125 
Total, Health, safety and security ..............................................
449,882 
449,882 
Office of Legacy Management 
Legacy management ...................................................................
177,618 
177,618 
Program direction .......................................................................
12,184 
12,184 
Total, Office of Legacy Management .........................................
189,802 
189,802 
Nuclear energy 
Infrastructure 
Idaho facilities management 
INL infrastructure O&M ..............................................
83,358 
83,358 
Total, Infrastructure ...............................................................
83,358 
83,358 
Total, Nuclear energy ....................................................................
83,358 
83,358 
Defense related administrative support ...........................................
122,982 
122,982 
Office of hearings and appeals ..........................................................
6,444 
6,444 
Total, Other Defense Activities ..........................................................
852,468 
852,468 
Defense Nuclear Waste Disposal 
Defense nuclear waste disposal .........................................................
98,400 
98,400 
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123 STAT. 2835 
PUBLIC LAW 111–84—OCT. 28, 2009 
DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS 
(In Thousands of Dollars) 
Program 
FY 2010 
Request 
Conference 
Authorized 
Total, Environmental & other defense activities ...........................
6,446,699 
6,446,699 
Total, Atomic Energy Defense Activities .........................................
16,391,726 16,480,176 
Total, Department of Energy ..............................................................
16,397,914 16,486,364 
DIVISION E—MATTHEW SHEPARD AND 
JAMES BYRD, JR. HATE CRIMES PRE-
VENTION ACT 
Sec. 4701. Short title. 
Sec. 4702. Findings. 
Sec. 4703. Definitions. 
Sec. 4704. Support for criminal investigations and prosecutions by State, local, and 
tribal law enforcement officials. 
Sec. 4705. Grant program. 
Sec. 4706. Authorization for additional personnel to assist State, local, and tribal 
law enforcement. 
Sec. 4707. Prohibition of certain hate crime acts. 
Sec. 4708. Statistics. 
Sec. 4709. Severability. 
Sec. 4710. Rule of construction. 
Sec. 4711. Guidelines for hate-crimes offenses. 
Sec. 4712. Attacks on United States servicemen. 
Sec. 4713. Report on mandatory minimum sentencing provisions. 
SEC. 4701. SHORT TITLE. 
This division may be cited as the ‘‘Matthew Shepard and James 
Byrd, Jr. Hate Crimes Prevention Act’’. 
SEC. 4702. FINDINGS. 
Congress makes the following findings: 
(1) The incidence of violence motivated by the actual or 
perceived race, color, religion, national origin, gender, sexual 
orientation, gender identity, or disability of the victim poses 
a serious national problem. 
(2) Such violence disrupts the tranquility and safety of 
communities and is deeply divisive. 
(3) State and local authorities are now and will continue 
to be responsible for prosecuting the overwhelming majority 
of violent crimes in the United States, including violent crimes 
motivated by bias. These authorities can carry out their respon-
sibilities more effectively with greater Federal assistance. 
(4) Existing Federal law is inadequate to address this 
problem. 
(5) A prominent characteristic of a violent crime motivated 
by bias is that it devastates not just the actual victim and 
the family and friends of the victim, but frequently savages 
the community sharing the traits that caused the victim to 
be selected. 
(6) Such violence substantially affects interstate commerce 
in many ways, including the following: 
18 USC 249 note. 
18 USC 1 note. 
Matthew 
Shepard and 
James Byrd, Jr. 
Hate Crimes 
Prevention Act. 
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123 STAT. 2836 
PUBLIC LAW 111–84—OCT. 28, 2009 
(A) The movement of members of targeted groups is 
impeded, and members of such groups are forced to move 
across State lines to escape the incidence or risk of such 
violence. 
(B) Members of targeted groups are prevented from 
purchasing goods and services, obtaining or sustaining 
employment, or participating in other commercial activity. 
(C) Perpetrators cross State lines to commit such 
violence. 
(D) Channels, facilities, and instrumentalities of inter-
state commerce are used to facilitate the commission of 
such violence. 
(E) Such violence is committed using articles that have 
traveled in interstate commerce. 
(7) For generations, the institutions of slavery and involun-
tary servitude were defined by the race, color, and ancestry 
of those held in bondage. Slavery and involuntary servitude 
were enforced, both prior to and after the adoption of the 
13th amendment to the Constitution of the United States, 
through widespread public and private violence directed at 
persons because of their race, color, or ancestry, or perceived 
race, color, or ancestry. Accordingly, eliminating racially moti-
vated violence is an important means of eliminating, to the 
extent possible, the badges, incidents, and relics of slavery 
and involuntary servitude. 
(8) Both at the time when the 13th, 14th, and 15th amend-
ments to the Constitution of the United States were adopted, 
and continuing to date, members of certain religious and 
national origin groups were and are perceived to be distinct 
‘‘races’’. Thus, in order to eliminate, to the extent possible, 
the badges, incidents, and relics of slavery, it is necessary 
to prohibit assaults on the basis of real or perceived religions 
or national origins, at least to the extent such religions or 
national origins were regarded as races at the time of the 
adoption of the 13th, 14th, and 15th amendments to the Con-
stitution of the United States. 
(9) Federal jurisdiction over certain violent crimes moti-
vated by bias enables Federal, State, and local authorities 
to work together as partners in the investigation and prosecu-
tion of such crimes. 
(10) The problem of crimes motivated by bias is sufficiently 
serious, widespread, and interstate in nature as to warrant 
Federal assistance to States, local jurisdictions, and Indian 
tribes. 
SEC. 4703. DEFINITIONS. 
(a) AMENDMENT.—Section 280003(a) of the Violent Crime Con-
trol and Law Enforcement Act of 1994 (Public Law 103–322; 108 
Stat. 2096) is amended by inserting ‘‘gender identity,’’ after 
‘‘gender,’’. 
(b) THIS DIVISION.—In this division— 
(1) the term ‘‘crime of violence’’ has the meaning given 
that term in section 16 of title 18, United States Code; 
(2) the term ‘‘hate crime’’ has the meaning given that 
term in section 280003(a) of the Violent Crime Control and 
Law Enforcement Act of 1994 (Public Law 103–322; 108 Stat. 
2096), as amended by this Act; 
42 USC 3716 
note. 
28 USC 994 note. 
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123 STAT. 2837 
PUBLIC LAW 111–84—OCT. 28, 2009 
(3) the term ‘‘local’’ means a county, city, town, township, 
parish, village, or other general purpose political subdivision 
of a State; and 
(4) the term ‘‘State’’ includes the District of Columbia, 
Puerto Rico, and any other territory or possession of the United 
States. 
SEC. 4704. SUPPORT FOR CRIMINAL INVESTIGATIONS AND PROSECU-
TIONS BY STATE, LOCAL, AND TRIBAL LAW ENFORCE-
MENT OFFICIALS. 
(a) ASSISTANCE OTHER THAN FINANCIAL ASSISTANCE.— 
(1) IN GENERAL.—At the request of a State, local, or tribal 
law enforcement agency, the Attorney General may provide 
technical, forensic, prosecutorial, or any other form of assistance 
in the criminal investigation or prosecution of any crime that— 
(A) constitutes a crime of violence; 
(B) constitutes a felony under the State, local, or tribal 
laws; and 
(C) is motivated by prejudice based on the actual or 
perceived race, color, religion, national origin, gender, 
sexual orientation, gender identity, or disability of the 
victim, or is a violation of the State, local, or tribal hate 
crime laws. 
(2) PRIORITY.—In providing assistance under paragraph (1), 
the Attorney General shall give priority to crimes committed 
by offenders who have committed crimes in more than one 
State and to rural jurisdictions that have difficulty covering 
the extraordinary expenses relating to the investigation or 
prosecution of the crime. 
(b) GRANTS.— 
(1) IN GENERAL.—The Attorney General may award grants 
to State, local, and tribal law enforcement agencies for extraor-
dinary expenses associated with the investigation and prosecu-
tion of hate crimes. 
(2) OFFICE OF JUSTICE PROGRAMS.—In implementing the 
grant program under this subsection, the Office of Justice Pro-
grams shall work closely with grantees to ensure that the 
concerns and needs of all affected parties, including community 
groups and schools, colleges, and universities, are addressed 
through the local infrastructure developed under the grants. 
(3) APPLICATION.— 
(A) IN
GENERAL.—Each State, local, and tribal law 
enforcement agency that desires a grant under this sub-
section shall submit an application to the Attorney General 
at such time, in such manner, and accompanied by or 
containing such information as the Attorney General shall 
reasonably require. 
(B) DATE
FOR
SUBMISSION.—Applications submitted 
pursuant to subparagraph (A) shall be submitted during 
the 60-day period beginning on a date that the Attorney 
General shall prescribe. 
(C) REQUIREMENTS.—A State, local, and tribal law 
enforcement agency applying for a grant under this sub-
section shall— 
(i) describe the extraordinary purposes for which 
the grant is needed; 
42 USC 3716. 
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123 STAT. 2838 
PUBLIC LAW 111–84—OCT. 28, 2009 
(ii) certify that the State, local government, or 
Indian tribe lacks the resources necessary to inves-
tigate or prosecute the hate crime; 
(iii) demonstrate that, in developing a plan to 
implement the grant, the State, local, and tribal law 
enforcement agency has consulted and coordinated 
with nonprofit, nongovernmental victim services pro-
grams that have experience in providing services to 
victims of hate crimes; and 
(iv) certify that any Federal funds received under 
this subsection will be used to supplement, not sup-
plant, non-Federal funds that would otherwise be avail-
able for activities funded under this subsection. 
(4) DEADLINE.—An application for a grant under this sub-
section shall be approved or denied by the Attorney General 
not later than 180 business days after the date on which 
the Attorney General receives the application. 
(5) GRANT AMOUNT.—A grant under this subsection shall 
not exceed $100,000 for any single jurisdiction in any 1-year 
period. 
(6) REPORT.—Not later than December 31, 2011, the 
Attorney General shall submit to Congress a report describing 
the applications submitted for grants under this subsection, 
the award of such grants, and the purposes for which the 
grant amounts were expended. 
(7) AUTHORIZATION OF APPROPRIATIONS.—There is author-
ized to be appropriated to carry out this subsection $5,000,000 
for each of fiscal years 2010, 2011, and 2012. 
SEC. 4705. GRANT PROGRAM. 
(a) AUTHORITY TO AWARD GRANTS.—The Office of Justice Pro-
grams of the Department of Justice may award grants, in accord-
ance with such regulations as the Attorney General may prescribe, 
to State, local, or tribal programs designed to combat hate crimes 
committed by juveniles, including programs to train local law 
enforcement officers in identifying, investigating, prosecuting, and 
preventing hate crimes. 
(b) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 
to be appropriated such sums as may be necessary to carry out 
this section. 
SEC. 4706. AUTHORIZATION FOR ADDITIONAL PERSONNEL TO ASSIST 
STATE, LOCAL, AND TRIBAL LAW ENFORCEMENT. 
There are authorized to be appropriated to the Department 
of Justice, including the Community Relations Service, for fiscal 
years 2010, 2011, and 2012 such sums as are necessary to increase 
the number of personnel to prevent and respond to alleged violations 
of section 249 of title 18, United States Code, as added by section 
4707 of this division. 
SEC. 4707. PROHIBITION OF CERTAIN HATE CRIME ACTS. 
(a) IN GENERAL.—Chapter 13 of title 18, United States Code, 
is amended by adding at the end the following: 
‘‘§ 249. Hate crime acts 
‘‘(a) IN GENERAL.— 
‘‘(1) OFFENSES
INVOLVING
ACTUAL
OR
PERCEIVED
RACE, 
COLOR, RELIGION, OR NATIONAL ORIGIN.—Whoever, whether or 
42 USC 3716a. 
Certification. 
Certification. 
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123 STAT. 2839 
PUBLIC LAW 111–84—OCT. 28, 2009 
not acting under color of law, willfully causes bodily injury 
to any person or, through the use of fire, a firearm, a dangerous 
weapon, or an explosive or incendiary device, attempts to cause 
bodily injury to any person, because of the actual or perceived 
race, color, religion, or national origin of any person— 
‘‘(A) shall be imprisoned not more than 10 years, fined 
in accordance with this title, or both; and 
‘‘(B) shall be imprisoned for any term of years or for 
life, fined in accordance with this title, or both, if— 
‘‘(i) death results from the offense; or 
‘‘(ii) the offense includes kidnapping or an attempt 
to kidnap, aggravated sexual abuse or an attempt to 
commit aggravated sexual abuse, or an attempt to 
kill. 
‘‘(2) OFFENSES INVOLVING ACTUAL OR PERCEIVED RELIGION, 
NATIONAL
ORIGIN, 
GENDER, 
SEXUAL
ORIENTATION, 
GENDER 
IDENTITY, OR DISABILITY.— 
‘‘(A) IN
GENERAL.—Whoever, whether or not acting 
under color of law, in any circumstance described in 
subparagraph (B) or paragraph (3), willfully causes bodily 
injury to any person or, through the use of fire, a firearm, 
a dangerous weapon, or an explosive or incendiary device, 
attempts to cause bodily injury to any person, because 
of the actual or perceived religion, national origin, gender, 
sexual orientation, gender identity, or disability of any 
person— 
‘‘(i) shall be imprisoned not more than 10 years, 
fined in accordance with this title, or both; and 
‘‘(ii) shall be imprisoned for any term of years 
or for life, fined in accordance with this title, or both, 
if— 
‘‘(I) death results from the offense; or 
‘‘(II) the offense includes kidnapping or an 
attempt to kidnap, aggravated sexual abuse or 
an attempt to commit aggravated sexual abuse, 
or an attempt to kill. 
‘‘(B) CIRCUMSTANCES
DESCRIBED.—For purposes of 
subparagraph (A), the circumstances described in this 
subparagraph are that— 
‘‘(i) the conduct described in subparagraph (A) 
occurs during the course of, or as the result of, the 
travel of the defendant or the victim— 
‘‘(I) across a State line or national border; 
or 
‘‘(II) using a channel, facility, or instrumen-
tality of interstate or foreign commerce; 
‘‘(ii) the defendant uses a channel, facility, or 
instrumentality of interstate or foreign commerce in 
connection with the conduct described in subparagraph 
(A); 
‘‘(iii) in connection with the conduct described in 
subparagraph (A), the defendant employs a firearm, 
dangerous weapon, explosive or incendiary device, or 
other weapon that has traveled in interstate or foreign 
commerce; or 
‘‘(iv) the conduct described in subparagraph (A)— 
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123 STAT. 2840 
PUBLIC LAW 111–84—OCT. 28, 2009 
‘‘(I) interferes with commercial or other eco-
nomic activity in which the victim is engaged at 
the time of the conduct; or 
‘‘(II) otherwise affects interstate or foreign 
commerce. 
‘‘(3) OFFENSES OCCURRING IN THE SPECIAL MARITIME OR 
TERRITORIAL JURISDICTION OF THE UNITED STATES.—Whoever, 
within the special maritime or territorial jurisdiction of the 
United States, engages in conduct described in paragraph (1) 
or in paragraph (2)(A) (without regard to whether that conduct 
occurred in a circumstance described in paragraph (2)(B)) shall 
be subject to the same penalties as prescribed in those para-
graphs. 
‘‘(b) CERTIFICATION REQUIREMENT.— 
‘‘(1) IN GENERAL.—No prosecution of any offense described 
in this subsection may be undertaken by the United States, 
except under the certification in writing of the Attorney Gen-
eral, or a designee, that— 
‘‘(A) the State does not have jurisdiction; 
‘‘(B) the State has requested that the Federal Govern-
ment assume jurisdiction; 
‘‘(C) the verdict or sentence obtained pursuant to State 
charges left demonstratively unvindicated the Federal 
interest in eradicating bias-motivated violence; or 
‘‘(D) a prosecution by the United States is in the public 
interest and necessary to secure substantial justice. 
‘‘(2) RULE OF CONSTRUCTION.—Nothing in this subsection 
shall be construed to limit the authority of Federal officers, 
or a Federal grand jury, to investigate possible violations of 
this section. 
‘‘(c) DEFINITIONS.—In this section— 
‘‘(1) the term ‘bodily injury’ has the meaning given such 
term in section 1365(h)(4) of this title, but does not include 
solely emotional or psychological harm to the victim; 
‘‘(2) the term ‘explosive or incendiary device’ has the 
meaning given such term in section 232 of this title; 
‘‘(3) the term ‘firearm’ has the meaning given such term 
in section 921(a) of this title; 
‘‘(4) the term ‘gender identity’ means actual or perceived 
gender-related characteristics; and 
‘‘(5) the term ‘State’ includes the District of Columbia, 
Puerto Rico, and any other territory or possession of the United 
States. 
‘‘(d) STATUTE OF LIMITATIONS.— 
‘‘(1) OFFENSES NOT RESULTING IN DEATH.—Except as pro-
vided in paragraph (2), no person shall be prosecuted, tried, 
or punished for any offense under this section unless the indict-
ment for such offense is found, or the information for such 
offense is instituted, not later than 7 years after the date 
on which the offense was committed. 
‘‘(2) DEATH
RESULTING
OFFENSES.—An indictment or 
information alleging that an offense under this section resulted 
in death may be found or instituted at any time without limita-
tion.’’. 
Deadline. 
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123 STAT. 2841 
PUBLIC LAW 111–84—OCT. 28, 2009 
(b) TECHNICAL AND CONFORMING AMENDMENT.—The table of 
sections for chapter 13 of title 18, United States Code, is amended 
by adding at the end the following: 
‘‘249. Hate crime acts.’’. 
SEC. 4708. STATISTICS. 
(a) IN GENERAL.—Subsection (b)(1) of the first section of the 
Hate Crime Statistics Act (28 U.S.C. 534 note) is amended by 
inserting ‘‘gender and gender identity,’’ after ‘‘race,’’. 
(b) DATA.—Subsection (b)(5) of the first section of the Hate 
Crime Statistics Act (28 U.S.C. 534 note) is amended by inserting 
‘‘, including data about crimes committed by, and crimes directed 
against, juveniles’’ after ‘‘data acquired under this section’’. 
SEC. 4709. SEVERABILITY. 
If any provision of this division, an amendment made by this 
division, or the application of such provision or amendment to 
any person or circumstance is held to be unconstitutional, the 
remainder of this division, the amendments made by this division, 
and the application of the provisions of such to any person or 
circumstance shall not be affected thereby. 
SEC. 4710. RULE OF CONSTRUCTION. 
For purposes of construing this division and the amendments 
made by this division the following shall apply: 
(1) IN GENERAL.—Nothing in this division shall be con-
strued to allow a court, in any criminal trial for an offense 
described under this division or an amendment made by this 
division, in the absence of a stipulation by the parties, to 
admit evidence of speech, beliefs, association, group member-
ship, or expressive conduct unless that evidence is relevant 
and admissible under the Federal Rules of Evidence. Nothing 
in this division is intended to affect the existing rules of evi-
dence. 
(2) VIOLENT ACTS.—This division applies to violent acts 
motivated by actual or perceived race, color, religion, national 
origin, gender, sexual orientation, gender identity, or disability 
of a victim. 
(3) CONSTRUCTION AND APPLICATION.—Nothing in this divi-
sion, or an amendment made by this division, shall be construed 
or applied in a manner that infringes any rights under the 
first amendment to the Constitution of the United States. Nor 
shall anything in this division, or an amendment made by 
this division, be construed or applied in a manner that substan-
tially burdens a person’s exercise of religion (regardless of 
whether compelled by, or central to, a system of religious belief), 
speech, expression, or association, unless the Government dem-
onstrates that application of the burden to the person is in 
furtherance of a compelling governmental interest and is the 
least restrictive means of furthering that compelling govern-
mental interest, if such exercise of religion, speech, expression, 
or association was not intended to— 
(A) plan or prepare for an act of physical violence; 
or 
(B) incite an imminent act of physical violence against 
another. 
Applicability. 
18 USC 249 note. 
18 USC 249 note. 
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123 STAT. 2842 
PUBLIC LAW 111–84—OCT. 28, 2009 
(4) FREE EXPRESSION.—Nothing in this division shall be 
construed to allow prosecution based solely upon an individual’s 
expression of racial, religious, political, or other beliefs or solely 
upon an individual’s membership in a group advocating or 
espousing such beliefs. 
(5) FIRST
AMENDMENT.—Nothing in this division, or an 
amendment made by this division, shall be construed to 
diminish any rights under the first amendment to the Constitu-
tion of the United States. 
(6) CONSTITUTIONAL PROTECTIONS.—Nothing in this divi-
sion shall be construed to prohibit any constitutionally pro-
tected speech, expressive conduct or activities (regardless of 
whether compelled by, or central to, a system of religious belief), 
including the exercise of religion protected by the first amend-
ment to the Constitution of the United States and peaceful 
picketing or demonstration. The Constitution of the United 
States does not protect speech, conduct or activities consisting 
of planning for, conspiring to commit, or committing an act 
of violence. 
SEC. 4711. GUIDELINES FOR HATE-CRIMES OFFENSES. 
Section 249(a) of title 18, United States Code, as added by 
section 4707 of this Act, is amended by adding at the end the 
following: 
‘‘(4) GUIDELINES.—All prosecutions conducted by the United 
States under this section shall be undertaken pursuant to 
guidelines issued by the Attorney General, or the designee 
of the Attorney General, to be included in the United States 
Attorneys’ Manual that shall establish neutral and objective 
criteria for determining whether a crime was committed 
because of the actual or perceived status of any person.’’. 
SEC. 4712. ATTACKS ON UNITED STATES SERVICEMEN. 
(a) IN GENERAL.—Chapter 67 of title 18, United States Code, 
is amended by adding at the end the following: 
‘‘§ 1389. Prohibition on attacks on United States servicemen 
on account of service 
‘‘(a) IN GENERAL.—Whoever knowingly assaults or batters a 
United States serviceman or an immediate family member of a 
United States serviceman, or who knowingly destroys or injures 
the property of such serviceman or immediate family member, 
on account of the military service of that serviceman or status 
of that individual as a United States serviceman, or who attempts 
or conspires to do so, shall— 
‘‘(1) in the case of a simple assault, or destruction or 
injury to property in which the damage or attempted damage 
to such property is not more than $500, be fined under this 
title in an amount not less than $500 nor more than $10,000 
and imprisoned not more than 2 years; 
‘‘(2) in the case of destruction or injury to property in 
which the damage or attempted damage to such property is 
more than $500, be fined under this title in an amount not 
less than $1000 nor more than $100,000 and imprisoned not 
more than 5 years; and 
‘‘(3) in the case of a battery, or an assault resulting in 
bodily injury, be fined under this title in an amount not less 
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123 STAT. 2843 
PUBLIC LAW 111–84—OCT. 28, 2009 
than $2500 and imprisoned not less than 6 months nor more 
than 10 years. 
‘‘(b) EXCEPTION.—This section shall not apply to conduct by 
a person who is subject to the Uniform Code of Military Justice. 
‘‘(c) DEFINITIONS.—In this section— 
‘‘(1) the term ‘Armed Forces’ has the meaning given that 
term in section 1388; 
‘‘(2) the term ‘immediate family member’ has the meaning 
given that term in section 115; and 
‘‘(3) the term ‘United States serviceman’— 
‘‘(A) means a member of the Armed Forces; and 
‘‘(B) includes a former member of the Armed Forces 
during the 5-year period beginning on the date of the 
discharge from the Armed Forces of that member of the 
Armed Forces.’’. 
(b) TECHNICAL AND CONFORMING AMENDMENT.—The table of 
sections for chapter 67 of title 18, United States Code, is amended 
by adding at the end the following: 
‘‘1389. Prohibition on attacks on United States servicemen on account of service.’’. 
SEC. 4713. REPORT ON MANDATORY MINIMUM SENTENCING PROVI-
SIONS. 
(a) REPORT.—Not later than 1 year after the date of enactment 
of this Act, the United States Sentencing Commission shall submit 
to the Committee on the Judiciary of the Senate and the Committee 
on the Judiciary of the House of Representatives a report on manda-
tory minimum sentencing provisions under Federal law. 
(b) CONTENTS OF REPORT.—The report submitted under sub-
section (a) shall include— 
(1) a compilation of all mandatory minimum sentencing 
provisions under Federal law; 
(2) an assessment of the effect of mandatory minimum 
sentencing provisions under Federal law on the goal of elimi-
nating unwarranted sentencing disparity and other goals of 
sentencing; 
(3) an assessment of the impact of mandatory minimum 
sentencing provisions on the Federal prison population; 
(4) an assessment of the compatibility of mandatory min-
imum sentencing provisions under Federal law and the sen-
tencing guidelines system established under the Sentencing 
Reform Act of 1984 (Public Law 98–473; 98 Stat. 1987) and 
the sentencing guidelines system in place after Booker v. United 
States, 543 U.S. 220 (2005); 
(5) a description of the interaction between mandatory 
minimum sentencing provisions under Federal law and plea 
agreements; 
(6) a detailed empirical research study of the effect of 
mandatory minimum penalties under Federal law; 
(7) a discussion of mechanisms other than mandatory min-
imum sentencing laws by which Congress can take action with 
respect to sentencing policy; and 
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123 STAT. 2844 
PUBLIC LAW 111–84—OCT. 28, 2009 
LEGISLATIVE HISTORY—H.R. 2647 (S. 1390): 
HOUSE REPORTS: Nos. 111–166 and Pt. 2 (both from Comm. on Armed Services) 
and 111–288 (Comm. of Conference). 
SENATE REPORTS: No. 111–35 (Comm. on Armed Services) accompanying S. 1390. 
CONGRESSIONAL RECORD, Vol. 155 (2009): 
June 24, 25, considered and passed House. 
July 23, considered and passed Senate, amended, in lieu of S. 1390. 
Oct. 8, House agreed to conference report. 
Oct. 20–22, Senate considered and agreed to conference report. 
DAILY COMPILATION OF PRESIDENTIAL DOCUMENTS (2009): 
Oct. 28, Presidential remarks. 
(8) any other information that the Commission determines 
would contribute to a thorough assessment of mandatory min-
imum sentencing provisions under Federal law. 
Approved October 28, 2009. 
VerDate Nov 24 2008 
08:02 Sep 19, 2011
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