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 123STA T . 22 06PUBLIC LA W 111 –84—O CT. 28 , 200 9Sec.2837 . R e portands ense o fC on g ress on M ar i ne Corps re qu ire m ents in A sia -P a- cific region. Su b tit l e D—E nerg y Security Sec. 28 41 . Adoption of unified energy monitoring and utility control system speci- fication for military construction and military family h ousing acti v ities. Sec. 2842. Department of Defense goal regarding use of rene w able 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 pea k periods. Sec. 2844. Department of Defense use of electric and hybrid motor vehicles. Sec. 284 5 . Study on development of nuclear power plants on military installations. Sec. 284 6 . Comptroller G eneral report on Department of Defense renewable energy initiatives , including solar initiatives, on military installations. Subtitle E— L and Conveyances Sec. 2851. Land conveyance, H aines T ank F arm, Haines, Alaska. Sec. 2852. Release of reversionary interest, Camp J oseph T. Robinson, Arkansas. Sec. 2853. Transfer of administrative j urisdiction, Port Chicago N aval Maga z ine, California. Sec. 2854. Land conveyance, Ferndale housing at Centerville B each 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 O hana Nui areas, Pearl Harbor, Hawaii. Sec. 2857. Modification of land conveyance, former Griffiss Air Force Base, New Y ork. Sec. 2858. Land conveyance, Army Reserve Center, Chambersburg, Pennsylvania. Sec. 285 9 . Land conveyance, Ellsworth Air Force Base, South Dakota. Sec. 286 0 . Land conveyance, Lackland Air Force Base, Te x as. Sec. 2861. Land Conveyance, Naval Air Station Oceana, V irginia. Sec. 2862. Completion of land exchange and consolidation, Fort Lewis, W ashington. 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 U nited 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. T I TLE X XIX—OVERSEAS CONTINGENCY OPERATIONS MILITARY CONSTRUCTION AUTHORI Z ATIONS 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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 123STA T . 22 07PUBLIC LA W 111 –84—O CT. 28 , 200 9Sec.31 1 6 . Long-t e rmpla n f ort h emo d ern iz ation and ref u r b i s hment of the nuclear securit y comple x . Sec. 311 7 . R epeal of prohibition on funding acti v ities associated w ith international cooperative stoc k pile stewardship. Sec. 311 8 . M odification of minor construction threshold for plant pro j ects. Sec. 311 9 . T wo-year extension of authority for appointment of certain scientific , en- gineering, and technical personnel. Sec. 31 20 . N ational Nuclear Security A dministration authority for urgent non- proliferation activities. Sec. 3121. Repeal of sunset date for consolidation of counterintelligence programs of D epartment of E nergy and National Nuclear Security Administration. Subtitle C— Reports Sec. 3131. National Academy of Sciences review of national security laboratories. Sec. 3132. P lan to ensure capability to monitor, analyze, and evaluate foreign nu- clear weapons activities. Sec. 3133. Comptroller G eneral study of stockpile stewardship program. Sec. 313 4 . Comptroller General of the U nited States review of projects carried out by the O ffice 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 I llness 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 X XXII—DE F ENSE NUCLEAR FACILITIES SAFET YB OARD Sec. 3201. Authorization. TITLE XXXI V —NAVAL PETROLEUM RESERVES Sec. 3401. Authorization of appropriations. TITLE XXXV—MARITIME ADMINISTRATION Sec. 3 5 01. 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—RESEARC H , DEVELOPMENT, TEST, AND EVALUATION Sec. 4201. Research, development, test, and evaluation.

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 123STA T . 22 08PUBLIC LA W 111 – 8 4—O CT. 28 , 200 9Sec.420 2. R e s e ar c h,d e v e lopm e nt , test, and eval u at i on f or overseas contin g enc y op - erations. TI T LEX LIII —OP ER A TIO N AN DM AINTENAN C E Sec. 4 3 0 1 . Operation and maintenance. Sec. 4302. Operation and maintenance for overseas contingency operations. TITLE XLI V —OT H ERA U THORI Z ATIONS Sec. 4401. Other authori z ations. Sec. 4402. Other authorizations for overseas contingency operations. TITLE XLV—MILITAR Y CONSTRUCTION AUTHORIZATIONS Sec. 4 5 01. Military construction. Sec. 4502. 2005 b ase realignment and closure round F Y 2010 pro j ect listing. Sec. 4503. Military construction for overseas contingency operations. TITLE XLVI—DEPARTMENT OF ENER G Y NATIONAL SECURITY PROGRAMS Sec. 4 6 01. Department of Energy national security programs. DIVISION E—MATTHE W SHEPARD AND J AMES B YRD, JR. HATE CRIMES PREVENTION ACT Sec. 4 7 01. Short title. Sec. 4702. Findings. Sec. 4703. Definitions. Sec. 4704. Support for criminal investigations and prosecutions by State, local, and tribal la w 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. 470 8 . Statistics. Sec. 470 9 . Severability. Sec. 4710. Rule of construction. Sec. 4711. Guidelines for hate-crimes offenses. Sec. 4712. Attac k s on United States servicemen. Sec. 4713. Report on mandatory minimum sentencing provisions. SEC.3 .C ONGR ESS I ON ALD E F ENSE CO M MI T TEES. Forpu rpo se so fthi s Ac t , the ter m‘ ‘co ng ression ald efense committees ’ ’ has the meaning gi v en that term in section 10 1 ( a ) (1 6 ) of title 10, U nited S tates C ode .DIV I S I ONA— D EP A RTM ENT O F DEFENSE A U T H ORI Z ATIONS TIT L E I—PRO C UREMENT 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 e q uipment. 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. 10USC 101 note.


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 123STA T . 22 09PUBLIC LA W 111 –84—O CT. 28 , 2009 Sec.123 . R e port o ns tr a te gi cp l an f or h o m eporting the L ittoral C om b at Ship. Sec. 12 4 . Adv ance proc u rement funding. Sec. 12 5 . P rocurement programs for future naval surface combatants. Sec. 12 6 . F ord - class aircraft carrier report. Sec. 12 7 . Report on a service life e x tension program for O liver H a z ard Perr y class frigates. Sec. 12 8 . Conditional multiyear procurement authority for F / A – 18 E, F/A–18F, or EA–18 G 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 uni q ue tooling for F–22 fighter aircraft. Sec. 134. AC–13 0 gunships. Sec. 135. Report on E–8C J oint Surveillance and T arget Attac k 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. 13 9 . Strategic airlift force structure. Subtitle E—Joint and M ultiservice Matters Sec. 141. B ody armor procurement. Sec. 142. U nmanned cargo-carrying-capable aerial vehicles. Sec. 143. Modification of nature of data link for use by tactical unmanned aerial vehicles. Subti t leA— Aut hor i za tio n o f A p propriation sSEC.10 1. ARMY . Fundsareh ere by au t h o r iz edtobea p propriated f or fis c a l year 201 0 for procure m ent for the A rmy as follo w s

1 ) For aircraft ,$5 ,110, 3 52,000 . (2) For missiles, $1,3 68 ,10 9 ,000. (3) For weapons and trac k ed combat v ehicles, $2, 4 39,052,000. (4) For ammunition, $2,058,895,000. (5) For other procurement, $9,450,863,000. SEC. 10 2 . N A V YAN D MAR I NEC O R P S. (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, includin g missiles and torpedoes, $3,446,019,000. (3) For shipbuilding and conversion, $13, 7 76,867,000. (4) For other procurement, $5,610,581,000. (b) M A RINECO R PS .—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 AN D MARINE CORPS A M M U NI T ION.—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. 10 3 . AIR F ORCE. 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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 123STA T . 221 0PUBLIC LA W 111 –84—O CT. 28 , 200 9(2)Foram m unit ion ,$8 22, 46 2, 0 00 . ( 3 )Formi s si le s, $6,03 7 ,4 59 ,000. (4) For ot h er p ro c urement, $ 1 7,133,668,000. SEC.104 . D E F E N SE -WI DE A C T I V ITIES. Fun d s are here by authori z ed to be appropriated f or fiscal year 2010 for D efense -w ide procurement in the amount of $4,090,816,000. SEC. 10 5 . NATI O NA LGU A R D AND RESERVE E Q UI PM ENT. Funds are hereby authorized to be appropriated for fiscal year 2010 for the procurement of aircraft, missiles, wheeled and trac k ed combat v ehicles, tactical wheeled vehicles, ammunition, other weapons, and other procurement for the reserve components of the A rmed Forces in the amount of $600,000,000. SEC. 10 6 . MINE RESISTANT AM B US H PROTECTED VEHICLE FUND. Funds are hereby authorized to be appropriated for fiscal year 2010 for the M ine R esistant Ambush P rotected V ehicle Fund in the amount of $600,000,000. SEC. 10 7 . RELATION TO FUNDING TABLE. T he amounts authorized to be appropriated by sections 101, 102, 103, 104, 105, and 106 shall be available, in accordance with the re q uirements of section 4001, for pro j ects, pro g rams, and activi- ties, and in the amounts, specified in the funding table in section 4101. Subti t leB—ArmyP r og r a m s SEC. 111. PROCUREMENT OF FUTURE COMBAT S Y STEMS SPIN OUT EARLY-INFANTRY BRIGADE COMBAT TEAM EQUIPMENT. (a) LIM I TA TI ON ON LO W - R AT EI NITIA L PRO DUC TION Q UAN- TITIE S . —N otwithstanding section 2400 of title 10, U nited S tates C ode, and e x cept 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) W AI V ER.—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 E ngineering 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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 123STA T . 2211 PUBLIC LA W 111 –84—O CT. 28 , 2 0 0 9(D)theUnd e rS e c ret a r y ha s a p pr ov edanac qui sition strate g y and acquisition progra mb ase l ine f or 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 w hich the certification under paragraph ( 1 ) is received . (c) E XCEPTIONF O RM EETIN GO PER A TIONA LN EE D STATE M ENT R E QU IREMENT S . —T he 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 A rmy Regulation 7 1 –9 or a successor regulation). Subti t leC—NavyProg ra msSEC.12 1. LIT T ORA LCO MB ATS H I P PRO G RAM. (a) C ONTRACT AUT H ORIT Y .— (1) I N GENERAL.—The Secretary of the Navy may procure up to ten L ittoral Combat Ships and 1 5 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) LIA B ILITY.—A contract entered into under paragraph (1) shall provide that any obligation of the United States to ma k e a payment under the contract is sub j ect to the availability of appropriations for that purpose , and that total liability to the G overnment for termination of any contract entered into shall be limited to the total amount of funding obligated at time of termination. (b) TECHNICAL DATA P AC K AGE.— (1) REQUIREMENT.—As part of the solicitation for proposals for a procurement authori z ed 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.—E x cept 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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 123STA T . 2212 PUBLIC LA W 111 –84—O CT. 28 , 2 0 0 9theprocu re m e n to faLi ttora lC om b at S hip a w ar d edtoacon - tractor s elected as part of a procurement authori z edb y sub- section ( a ) may not e x ceed $480, 000,000 per v essel . ( 2 ) EXCLUSION . —T he amounts described in this para g raph are amounts associated with the following ( A ) Elements designated by the Secretary of the N avy as a mission pac k age. ( B ) P lans. (C) Technical data packages. ( D ) Class design services. (E) Post-delivery, outfitting, and program support costs. (d) WA I VER AN D AD J US TM ENT O F 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 U nited States and (II) is affordable, within the context of the annual naval vessel construction plan re q uired by section 2 3 1 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 ad j ust 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, 200 9 . (B) The amounts of increases or decreases in costs attributable to compliance with changes in F ederal, 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 R E P ORTS.—At the same time that the budget is submitted under section 110 5 (a) of title 31, United States Code, for each fiscal year, the Secretary of the Navy shall submit to


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 123STA T . 2213 PUBLIC LA W 111 –84—O CT. 28 , 2 0 0 9thecongr e s s i on ald e f ense co m mittees a re p ort on L ittoral C om b at S hip v essels .E ach s u ch report shall include the follo w ing
 * (1)T

he current (as of the date of the report) and pro j ected total basic construction costs ,G overnment - furnished e q uipment costs, and other program costs associated with each of the Littoral Combat Ships under construction. ( 2 ) W ritten notice of an y 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 optimi z ation of construction along with the projected savings or cost avoidance based on those investments. ( 5 ) I nformation, 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 pac k - age ( B ) the estimated cost of any such element; and (C) the total number of such elements anticipated. (f) DEFIN I T I O N S .—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 e x pended 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) CONFO RM IN GR E P E AL .—Section 124 of the N ational Defense Authorization Act for F iscal Y ear 2 0 0 6 ( P ublic Law 10 9– 163; 119 Stat. 315 7 ), as amended by section 125 of the National Defense Authorization Act for Fiscal Year 200 8 (Public Law 110–181; 122 Stat. 29) and section 122 of the Duncan H unter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110–417; 122 Stat. 4376), is repealed. SEC.12 2. TR E A T M E N T OFLI TTORAL COM B ATS H I P PRO G RAMASA MA J OR D EFENSE AC QU ISITION 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, U nited States Code. SEC. 12 3 . REPORT ON STRATEGIC PLAN FOR HOMEPORTING THE LIT - TORAL COMBAT SHIP. (a) REPORT RE QU IRE D .—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. Ef f ectiv e da te .


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 123STA T . 221 4PUBLIC LA W 111 –8 4 —O CT. 28 , 2 0 0 9(b)ELEM E NTS.—Ther e po r t re qui re d b ys ubse c tio n ( a ) sha l l include the f ollo w in g: ( 1 ) A n analysis of how the ho m eporting plan would support the requirements of the commanders of the combatant com - mands , by geographic area of responsibility, for the capabilities deli v ered by L ittoral C ombat S hips, 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, ta k ing into account the largest fleet si z e envisioned by the long – term plan for the construction of naval vessels submitted for fiscal year 2 0 11 ( 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 ) W ith respect to the pro j ected force structure size of the N avy 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 ma x imum number of ships expected in-port at any one time. SEC.124 . ADV A N CE PRO C U RE M EN TF UND I N G . (a) A DVA N C E PRO C U REMENT.—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) A I RCRA F T CARRIER D ESI G NATED C V N– 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 O UT- Y EAR CONTRACT PAYMENTS.—A contract entered into under subsection (b) shall provide that any obligation of the U nited 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. 12 5 . PROCUREMENT PROGRAMS FOR FUTURE NAVA L SURFACE COM B ATANTS. (a) LIMITATION ON AVAILA B ILITY OF F UNDS PENDING R E P ORTS ABOUT SURFACE COMBATANT S H IPBUILDING PROGRAMS.—The Sec- retary of the Navy may not obligate or expend funds for the Deadlin e s.10USC729 1 n ot e. 10 USC 7291 note.


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 123STA T . 221 5PUBLIC LA W 111 –84—O CT. 28 , 2 0 0 9constru ct i ono f, or adv anc e d p rocure m ent of materia l s for, a surface com b atant to be constructed after fiscal y ear 201 1 until t h e S ec - retary has submitted to C on g ress each of the follo w ing

1 )A nac q uisition strategy for such surface combatants that has been approved by the U nder Secretary of D efense for Acquisition, T echnology, and L ogistics . (2) Certification that the J oint R equirements O versight 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 N avy considered each of the fol- lowing: (A) M odeling 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 200 9 ship- building plan for the vessels concerned. ( 4 ) The conclusions of a j oint 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 DD G–5 1 and CG–4 7 vessels planned to be equipped for this mission area in the budget of the P resident for fiscal year 2010 (as submitted to Congress pursuant to section 1105 of title 31, United States Code). (b) FUT U RE SUR FAC EC OMB ATA N TAC Q U IS ITION STRATE GY .—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) NA V A L SURFACE FIRE SU P PORT.—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 200 6 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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 123STA T . 221 6PUBLIC LA W 111 –84—O CT. 28 , 2 0 0 9andCom mandan t o f t heM a ri ne Cor ps, as w as the c ase in the 20 0 6 report .( d )TECHNOL O GYR O ADM A PF O RFUT URE S URFACE COM B ATANT S AND FLEET MODERN IZ ATION. — ( 1 ) I N GENERAL.— N ot l ater than 120 da y s after the date of the enactment of this A ct, the Secretary of the Na v y shall develop a plan to incorporate into s u rface com b atants con - structed after 2011, and into fleet moderni z ation pro g rams, the technologies developed for the D D G– 1000 destroyer and the DDG– 5 1 and CG– 47 Aegis ships, including technologies and systems designed to achieve significant manpower savings. (2) SCOPE OF PLAN.—The plan re q uired 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 ‘ ‘200 9 shipbuilding plan ’ ’ means the 3 0-year shipbuilding plan submitted to Congress pursuant to section 231, title 10, U nited States Code, together with the budget of the P resident 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, e x cluding L ittoral Combat Ships, under a program currently designated as a future surface combatant program. SEC.126 . FORD- C LA SSA I RCRAF T CARRIER RE P ORT. 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) W ith respect to the supplier base— (A) the viability of the base, including suppliers exiting the mar k et 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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Rh Duwâr, a favourite idol with the young women, who used to go in procession round it, whence its name.

Isâf, an idol that stood on Mount Zafâ.

Naîla, an image on mount Marwâ.

The last two were such favourite objects of worship that, although Mohammed ordered them to be destroyed, he was not able entirely to divert the popular regard from them, and the visitation of Zafâ and Marwâ are still an important part of the ʿHagg rites.

ʼHabʼhab was a large stone upon which camels were slaughtered.

El ʼHuzzâ, Allât, and Manât are mentioned by name in the Qurʼân, see Chapter ⅬⅢ, vers. 19-20.

The Kaabah, or chief shrine of the faith, contained, besides these, images representing Abraham and Ishmael, each with divining arrows in his hand, and a statue or picture representing the virgin and child.

There were altogether 365 idols there in Mohammed’s time.

Another object of worship then, and of the greatest veneration now, is the celebrated black stone which is inserted in the wall of the Kaabah, and is supposed to have been one of the stones of Paradise, originally white, though since blackened by the kisses of sinful but believing lips.

The worship of stones is a very old form of Semitic cult, and it is curious to note that Jacob 'took the stone that he had put for his pillow, and set it up for a pillar, and poured oil on the top of it; and he called the name of the place Bethel :' and that at Mecca the principal object of sacred interest is a stone, and that the Kaabah has been known, from time immemorial, as Bâit allâh, 'the house of God.'

The ginn, like the angels, were held by the ancient Arabs to be the daughters of Allâh; they were supposed to be created out of fire instead of clay, but in all other respects to resemble mankind, and to be subject to the same laws of procreation and decease.


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 123STA T . 221 7PUBLIC LA W 111 –84—O CT. 28 , 2 0 0 9SEC.127 . R E PO R T O NA SER VI CE L I F EE X TENSION PRO G RA M FOR OLIVER H A Z AR D PERR Y CLASS FRIGATES. Notla t er t h a n90d a ys a f ter the date of the ena c t m ent of th i s A ct , the S ecretary of the Na v y shall s ub mit to the con g ressional defense committees a re p ort setting forth the follo w ing
 * (1)

A detailed analysis of a service life e x tension program for the O liver H a z ard P erry 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 wor k under the program . ( 2 ) T he strategic plan of the Navy for— (A) the manner in which the L ittoral 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 pro j ected 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 re q uirements of the U nited States Southern Command over time, including the assets and vessels the Navy has deployed for military-to-military engagements, UN I TAS 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. 12 8 . CONDITIONAL M U LTIYEAR PROCUREMENT AUTHORITY FOR F / A – 18E , F/A–18F, OR EA–18G AIRCRAFT. (a) A UTHORI T YF OR M U L TIY EA R PRO C URE M E N T.— (1) IN G ENERAL.—Subject to section 230 6 b of title 10, United States Code, the Secretary of the Navy may enter into a multiyear contract for the procurement of F/ A – 1 8E , F/A–18F, or EA–18 G aircraft. (2) SU B MI S SION OF W RITTEN CERTIFICATION BY SECRETARY OF D EFENSE.—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 R E Q UIREMENT.—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) RE P ORT 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 D efense 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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 123STA T . 221 8PUBLIC LA W 111 – 8 4—O CT. 28 , 2 0 0 9Secr e ta r ywi t h re g ar d t o the F/A–18E, F/A–18F, a n d EA–18 G air - cra f t p rogra ms of record .( d ) S UNSET . — (1) T E RMI N A TI O N D ATE.—E x cept as pro v ided in paragraph ( 2 ),thea u thority to enter into a mu l tiyear contract under su b section (a) shall terminate on M ay1,2 0 10. (2) E X TENSION.—The Secretary of the N avy may enter into a multiyear contract under subsection (a) until September 3 0, 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. Subti t leD—A i rFo r c e P ro g r amsSEC.13 1. R E PO R T O N T H E PROC U RE M ENT O F4. 5G ENER A T I ON FIGHTER AIRCRAFT. (a) I N GENERA L .—Not later than 9 0 days after the date of the enactment of this Act, the Secretary of D efense 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 re q uirement 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 recapitali z e the Air National Guard during fiscal years 2015 through fiscal year 2025. (b) 4.5 GENERATION FI GH TER AIR C RA F T 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-lin k ( C ) enhanced avionics; and (2) have the ability to deploy current and reasonably foreseeable advanced armaments. Notif i ca tio n.
 * and


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 123STA T . 221 9PUBLIC LA W 111 –84—O CT. 28 , 2 0 09 SEC.132 . R E VI SE DA VAI L A B ILI TYOF CERTAI N F U NDS AVAILABLE FOR T H EF – 22A FI G HTER AIRCRAFT. (a)REP E ALOFAUTH O RI T Y O N A V AILA B ILITY OF F I SC AL Y EAR 20 0 9 FUN D S .—Section134 o f t h e Du ncan H unte rN ationa l Defen s e Authori z ation Act for Fiscal Year 2009 ( P u b lic L a w 110 – 41 7; 122 Stat. 437 8 )isre p eale d . (b) AVAILABILITY OF ADVANCE PROCURE M ENT FUNDS FOR O THER F–22A AIRCRAFT M ODERNI Z ATION PRIORITIES.—Sub j ect to the pro v i - sions of appropriations Acts and applicable re q uire m ents relatin g to the transfer of funds , the Secretar y 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. P RESERVATION AND STORAGE OF UNI Q UE TOOLING FOR F–22 FIGHTER AIRCRAFT. (a) PLAN.— T he 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 U SE 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 e x pended for activities related to disposing of F–22 production tooling until a period of 4 5 days has elapsed after the date on which the Secretary submits to C ongress a report describing the plan required by subsection (a). SEC. 13 4 . AC–13 0 GUNSHIPS. (a) REPORT ON REDUCTION IN SERVICE LIFE IN CONNECTION W ITH 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 Deadlin e .R e ports .


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 123STA T . 222 0PUBLIC LA W 111 –84—O CT. 28 , 200 9ar a tep er y ear t h at is si m i l art o the a v era g e rate per year o f the five years pre c e d i n g the date of the report .(b)ELEM E NTS . —T he report re qu ired by subsection (a) shall include the follo w ing ( 1 ) A n estimate by series of the maintenance costs for the A C– 1 30 gunships during the period described in subsection (a) , including any ma j or 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 moderni z ing 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) FOR M.—The report required by subsection (a) shall be sub - mitted in unclassified form, but may include a classified anne x . (d) AN A L Y S I SO F ALTERNATI V ES.—The S ecretary of the Air Force, in consultation with the Commander of the U nited States Special O perations Command, shall conduct an analysis of alter- natives for any gunship modernization requirements identified by the 200 9 quadrennial defense review under section 11 8 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 . R E PO R T O N E –8 C J O I NTS U R V EI L L A NCE AN D TAR G ET ATTAC K RADAR S Y STE M RE - ENGINING. (a) I N G ENERAL.— N ot 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 J oint Surveillance and Target Attac kR adar 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) L IMITATION ON CERTAIN A C TIONS.—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). Deadlin e .


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 123STA T . 2221 PUBLIC LA W 111 –84—O CT. 28 , 2 0 0 9SEC.136 . R E P E ALOF RE QUI RE M E NT TO MAINTAIN CERTAIN RETIRE D C – 13 0 E AIRCRAFT. Section134 o f t h e Na tiona lD efen s e Au tho r i z ation Act for F iscal Y ear 20 0 8(P u b lic L a w 110 – 181 122 Stat . 31 ) isa m en d ed — (1) b y stri k in g subsection (c); (2) by redesignating subsection (d) as subsection (c); and (3) in subsection (b) , by striking ‘ ‘subsection (d) ’ ’ and inserting ‘‘subsection (c)’’. SEC. 13 7 . LIMITATION ON RETIREMENT OF C– 5 AIRCRAFT. (a) L IM I TA TI ON .— T he Secretary of the Air Force may not p ro - ceed with a decision to retire C – 5 A aircraft from the acti v e 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 R eliability E nhancement and Reengining Program (RERP) configuration, as planned under the C–5 System Development and Demonstration program as of M ay 1, 2003; and (2) the Director of O perational 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) O PER ATIONA L E V AL U ATION.—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 A S SESSMENT.—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 re q uirements and specifications for reli- ability, maintainability, and availability of that aircraft as in effect on May 1, 2003. (d) A D DITIONAL LIMITATIONS ON RETIREMENT O F AIR C RAFT.— 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 9 0 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 Certif i ca ti on.D ea dl ine s . A ssess m ent.


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 123STA T . 2222 PUBLIC LA W 111 –84—O CT. 28 , 2 0 0 9(B)ther et i re m e n t ofsuc h a ircraft w i l lnotre d uce the total strate g ic airlift force structure b elow 316 strategic airlift aircraft . (e) REPORT O N RET I RE M ENT O FA IR C R A FT. —T he S ecretar y of the Air F orce shall submit to the congressional defense committees are p ort setting forth the following (1) The rationale for the retirement of e x isting C–5 aircraft and a cost - benefit analysis of alternati v e 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 U nder Secretary for Ac q uisition, Technology, and L ogistics certified on February 1 4 ,2 0 0 8, concerning the costs and benefits of applying the Reliability E nhancement and Re-engining P ro- gram (RERP) modification to the entire the C–5A aircraft fleet. (3) An assessment of the implications for the Air Force, the Air N ational G uard, and the Air Force Reserve of operating a mix of C–5A aircraft and C–5 M aircraft. (4) An assessment of the costs and benefits of increasing the number of C–5 aircraft in Bac k -up Aircraft I nventory (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 . R E PO R T SO N STR A TE GI C AIR L I F T AIRCRAFT. At least 9 0 days before the date on which a C–5 aircraft is retired, the Secretary of the Air Force, in consultation with the D irector 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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 123STA T . 2223 PUBLIC LA W 111 –84—O CT. 28 , 2 0 0 9SEC.139 .S TRA TE GI C AIR L I F TF O RCE STR U CTURE. Subsection(g) ( 1 )o f section 8062 of tit l e10 ,U nite d St a tes C ode, is a m ended — (1) b y st r i k ing ‘ ‘2008 ’ ’ and inserting ‘‘200 9 ’’ and (2) by striking ‘‘299’’ and inserting ‘‘ 3 16’’ .Subti t leE—Jo i n t a n dM ulti s e rv i c e Matters SEC. 1 4 1. B O DY AR M OR P ROCUREME N T. (a) PROCU R EM E NT .— Th e Secretary of D efense shall ensure that body armor is p rocured using funds authori z ed to be appropriated by this title. (b) PROCUREMENT LI NE I TEM.—In the budget materials sub - mitted to the President by the Secretary of Defense in connection w ith the submission to Congress, pursuant to section 110 5 of title 31, United States Code, of the budget for fiscal year 2011, and each subse q uent 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. 14 2 . UNMANNED CARGO - CARRYING-CAPABLE AERIAL V E H ICLES. N one of the amounts authorized to be appropriated for procure- ment may be obligated or e x pended for an unmanned cargo-car- rying-capable aerial v ehicle until a period of 15 days has elapsed after the date on which the V ice Chairman of the J oint Chiefs of Staff and the Under Secretary of Defense for A cquisition, Tech- nology, and Logistics certify to the congressional defense committees that the Joint R equirements O versight Council has approved a j oint and common requirement for an unmanned cargo-carrying- capable aerial vehicle type. SEC. 143. MODIFICATION OF NATURE OF DATA LIN K FOR USE BY TAC- TICAL UNMANNED AERIAL VEHICLES. Section 1 4 1(a)(1) of the National Defense Authorization Act for F iscal Y ear 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’’. TI T L E II— R ESE A R CH,D E V EL OP ME N T, TEST, AND EVAL U ATION Subti t leA— Aut hor i za tio n o f A p propriation s Se c.201 . Authorization of appropriations. Sec. 202. R elation to fun d in g table. Subtitle B — P rogra m Re q uirements , Restrictions, and L imitations Sec. 211. Ex tension and enhancement of G lobal Research W atch Program. Sec. 212. Permanent authorit y for the J oint D efense M anufacturing T echnology Panel. Sec. 21 3 . Elimination of report requirements regarding Defense Science and Tech - nology Program. Sec. 21 4 . Authorization for the Secretary of the N a v y to purchase infrastructure and Government purpose rights license associated w ith the Navy-Ma- rine C orps intranet. Deadlin e .C e rt i f i c ati o n. 10US C 2 21 note.


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 123STA T . 222 4PUBLIC LA W 111 –8 4 —O CT. 28 , 2 0 0 9Sec.215 . Lim i ta ti on one xp en d it ur eo f fund s for J oint M u l ti - Mission Su b mersible pro g ram. Sec. 21 6 . Separate program elements re q uired for researc h and de v elopment of in- dividual bod y armor and associated components. Sec. 21 7 . Separate procurement and research , development, test, and evaluation line items and program elements for the F - 3 5 B and F-35 Cj oint stri k e fighter aircraft. Sec. 21 8 . R estriction on obligation of funds for A rmy tactical ground net w ork pro- gram pending receipt of report. Sec. 21 9 . P rograms for ground combat vehicle and self-propelled howit z er capabili- ties for the Army. Sec. 22 0 . G uidance 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 D efense 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 I nterceptor missile and operation of Missile Field 1 at Fort Greely, Alaska. Sec. 23 4 . Limitation on availability of funds for acquisition or deployment of missile defenses in E urope. 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— O ther Matters Sec. 251. Enhancement of duties of Director of Department of Defense T est 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 N ational 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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 123STA T . 222 5PUBLIC LA W 111 –84—O CT. 28 , 2 0 0 9Subti t leA— Aut hor i za tio n o f A p propriation sSEC.201 . AUTHORIZ ATIO N O F A P PROPRIATIONS. Fundsareh ere by au t h o r iz edtobea p propriated f or fis c a l year 201 0fortheuseofthe D epart m ent of Defense for research , de v elop - ment, test, and evaluation as follo w s

1 ) For the A rmy, $ 10, 638, 5 3 4 ,000 . (2) For the N avy, $1 9 ,60 7 ,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 O perational T est and E valuation. SEC. 202. RE L ATION TO FUN D IN G TA B LE. The amounts authorized to be appropriated by section 201 shall be available, in accordance with the re q uirements of section 4001, for pro j ects, pro g rams, and activities, and in the amounts, specified in the funding table in section 4201. Subtitle B — P ro g ra mR e q uirements , Restri c tions, an dL imitations SEC. 211. E X TENSION AND ENHANCE M ENT OF GLOBAL RESEARCH W ATCH PROGRAM. (a) LIM I TA TI ON ONA V AI L A B ILIT Y O FCER TAIN F U N DS FOR M ILI- TARY DE P ARTMENTS P ENDIN G PROVISION OF ASSISTAN C E U NDER PROGRAM. —S ubsection (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 e x pended 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 E X TENSION OF PROGRAM.—Subsection (f) of such section is amended by stri k ing ‘‘September 30, 2011’’ and inserting ‘‘September 30, 2015’’. SEC. 212. PERMANENT AUTHORIT Y FOR THE J OINT 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) J OINT DEFENSE MANUFACTURING TEC H NOLOGY 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 Certif i ca ti on.


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 123STA T . 222 6PUBLIC LA W 111 –84—O CT. 28 , 2 0 0 9person ne l o fth e mi lit a r yd epartments and D efense Ag en c ies w ith man u facturing technology programs .‘ ‘ (B)T he P anel shall b e composed of at least one indi v idual from among appropriate personnel of each military department and Defense Agency with manufacturing technology programs. The Panel may include as e x- officio members such individuals from other government organi z ations , academia, and industry as the C hair considers appropriate. ‘‘( 3 ) The purposes of the Panel shall be as follows ‘‘(A) To identify and integrate re q uirements for the pro- gram. ‘‘(B) To conduct j oint planning for the program. ‘‘(C) To develop joint strategies for the program. ‘‘( 4 ) I n 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) E xecute 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 O ffice of the S ecretary 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 U nder Secretary of Defense for Acquisition, Technology, and L ogistics shall specify. ‘‘( 5 ) The Panel shall report to and receive direction from the Director of Defense R esearch 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 . E LIM I NAT I O NO FR E P ORT RE QU IREMENTS RE G AR D ING DEFENSE SCIENCE AND TEC H NOLOG Y PROGRAM. Section 21 2ofthe N ational Defense Authorization Act for F iscal Y ear 2 0 00 (10 U.S.C. 2501 note) is repealed. SEC. 21 4 . AUTHORI Z ATION FOR THE SECRETARY OF THE NA V YTO PURCHASE INFRASTRUCTURE AND GOVERNMENT PUR - POSE RIGHTS LICENSE ASSOCIATED W ITH THE NAVY- MARINE CORPS INTRANET. (a) P URCHASE SAU T H O R IZ E D . — The Secretary of the Navy may enter into one or more contracts for the purchase of infrastructure and G overnment purpose rights for any or all technical data, com- puter software, and computer software documentation used or cre- ated under the Navy- M arine 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. Rep e al.


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 123STA T . 222 7PUBLIC LA W 111 –84—O CT. 28 , 2 0 0 9(b)CONTRAC T REQUI RE M ENT S.—Underaco n t ract entered i nto u nder t h i s section , the S ecretar ym ay p urchase any discrete compo - nent or item o f technica l data, computer soft w are, or computer software documentation of the N a v y- M arine Corps I ntranet and may obli g ate the G overnment only to amounts provided in advance in appropriations A cts specifically for the purpose of the contract. T his section shall not apply to any purchases using funds available to the D epartment of the Navy for any fiscal year that begins before O ctober 1, 20 10. (c) L IMITATION.—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 subse q uent years. (d) LIMITATION ON LIA B I L IT Y .—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 e x ercised. (e) P URC H ASE B E F ORE E N D 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 . LIM I TA TI ON ONE XP EN D IT UR EO F FUNDS FOR J OINT MULTI - MISSION SU B MERSIBLE PRO G RAM. None of the funds authori z ed to be appropriated by this or any other Act for fiscal year 2010 may be obligated or expended for the J oint Multi-Mission Submersible program to proceed beyond Milestone B approval (as that term is defined in section 2 36 6(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 1 9 47( 5 0 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. 21 6 . SEPARATE PROGRAM ELEMENTS RE Q UIRED FOR RESEARC H AND DE V ELOPMENT OF INDIVIDUAL BOD Y 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 10USC2 21 note. Ce r t if i ca tion. As sess m ent.


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 123STA T . 222 8PUBLIC LA W 111 – 8 4—O CT. 28 , 2 0 0 9budgetfor f iscaly ear 201 1, a n d eac h subse q uent fiscal year, the S ecretary shall ensure that w ithin each research, de v elo pm ent, 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 .SE PAR A T EPR O C U RE M E N TAN D RESEARC H, DE V E L OPMENT, TEST, AND EVALUAT I ON LINE ITEMS AND PRO G RAM ELE - MENTS F OR THE F- 35B AND F-35C J OINT STRI K E FIGHTER AIRCRAFT. I n the budget materials submitted to the P resident by the Secretary of D efense in connection with the submission to C ongress, pursuant to section 110 5 of title 3 1, U nited States Code, of the budget for fiscal year 2011, and each subsequent fiscal year, the Secretary shall ensure that within the N avy 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 -35 B aircraft and the F-35C aircraft, tothee x tent that such accounts include funding for each such aircraft. SEC. 21 8 . RESTRICTION ON OBLIGATION OF FUNDS FOR ARM Y TAC- TICAL GROUND NET W ORK PROGRAM PENDING RECEIPT OF REPORT. ( a )LIM I TA TI ON ON OBL I G ATION O FRES EA RCH AN D DE V ELO P MENT F U NDING. — Of the funds authori z ed to be appropriated by this A ct 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, T echnology, and Logistics submits to Congress a report on the acquisition strategy, requirements, and cost estimates for the Army tactical ground networ k program. (b) ARM Y TACTICAL G ROUND NET W OR K PROGRAM DEFINED.— For the purposes of subsection (a), the term ‘ ‘Army tactical ground network program ’ ’ means the new tactical ground network ma j or 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 M emorandum’’, which was signed by the Under Secretary of Defense for Acquisition, Technology, and Logistics on J une 23, 200 9 . (c) ARMY TACTICAL GROUND NETWORK PROGRAM E LEMENTS 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. 21 9 . PROGRAMS FOR GROUND COMBAT VEHICLE AND SELF-PRO- PELLED HOWIT Z ER CAPABILITIES FOR THE ARMY. (a) PROGRAMS RE Q UIRED.— (1) IN GENERAL.—The Secretary of Defense shall carry out a separate program to achieve each of the following: 10USC2 21 note.


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 123STA T . 222 9PUBLIC LA W 111 –84—O CT. 28 , 2 0 09 (A)Thed e v e lopm e nt, te s t, a nd fi eldin g of an ope r ation - all y effe c tive, s u ita b le, survivable, and affordable ne x t 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 ho w it z er capability for the Army. ( 2 ) COMPLIANCEW I TH CE R TAIN AC QU I S ITION REQUIRE- MENTS. —E ach program under paragraph ( 1 ) shall comply with the re q uirements of the W eapons S ystems Acquisition R eform Actof2 0 0 9, and the amendments made by that Act. (b) STRATE GY AN DP LAN F OR ACQUISITION.— (1) I N GENERAL.— N ot later than M arch 3 1, 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 ob j ectives 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, networ k , and system of systems common operating environment technologies developed under the F uture 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 201 5 (as submitted pursuant to section 1105(a) of title 31, U nited 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.2 2 0 . GUIDAN CE O N B UDGE TJ USTI F ICATION M ATE R IA L S DESCRIBING FUNDING RE Q UESTED FOR O P ERATION , SUSTAINMENT, MODERNI Z ATION, AND PERSONNEL OF MAJOR RANGES AND TEST FACILITIES. (a) G UIDANCE ON BUDGET J USTIFICATION MATERIALS.—The Sec- retary of D efense, 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 10USC2 21 note.D e adli ne. R e p o r t s.


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 123STA T . 223 0PUBLIC LA W 111 –84—O CT. 28 , 200 9tosec t i o n1 1 05(a) o f tit l e 3 1 ,U nite dS tates C ode) fo r f u ndin g for eac h facilit y and resource of the M a j or R ange and T est F acility B ase in connection w ith each of the following (1) Op eration . ( 2 ) Sustain m ent. (3) I n v estment and moderni z ation. ( 4 ) G overnment personnel. (5) Contractor personnel. ( b ) AP P LICAB ILI TY . — The guidance issued under subsection (a) shall apply with respect to budgets of the P resident for fiscal years after fiscal year 2010. (c) MA JOR RA NGE AN D TE S T FACILITY BASE D E F INED.—In this section, the term ‘ ‘Major Range and Test Facility Base ’ ’ has the meaning given that term in section 1 96 (h) of title 10, United States Code. SEC.2 2 1 . A SSESS M E NTOF TEC H NO L O GI CAL MAT UR IT Y AN D INTEGRA - TION RIS K OF ARMY MODERNI Z ATION P ROGRAMS. (a) ASSESS M ENT RE QU IRED.—The Director of Defense Research and E ngineering shall, in consultation with the Director of Develop - mental Test and Evaluation, review and assess the technological maturity and integration ris k 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 V ehicle. (2) Future Combat Systems network hardware and soft- ware. (3) W arfighter Information N etwork – Tactical, Increment 3. (4) Appropriate portions of the J oint Tactical Radio System, including Ground Mobile Radios, H andheld, Manpack, Small Form Fit Radios, and Network Enterprise Domain. (5) Non- L ine 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 E q uipment 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 ACTI V ITIES FOR TECHNOLOGY MODERNIZA- TION OF THE COM B AT VEHICLE AND ARMORED TACTICAL W HEELED 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 Deadlin e .Co n tr a c t s.


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 123STA T . 2231 PUBLIC LA W 111 –84—O CT. 28 , 2 0 0 9oftheUni te dS t a te sG o v e r n m ent to c ond u ct an inde p endent assessment of current , anticipated, and potentia l research, development, test, and evaluation activities for or applica b le to the moderni z ation of the combat vehicle fleet and armored tactical w heeled vehicle fleet of the D epartment of Defense .(2)AC C ES S TOINF O RMA TION AN D RESO U RCES. —T he Sec - retar y shall provide the entity with which the Secretary enters into a contract under para g raph ( 1 ) with access to such informa- tion and resources as are appropriate for the entity to conduct the assessment re q uired by that paragraph. (b) R E P ORTS.— (1) I N G ENERA L .—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 J uly 3 1,2 0 10 and ( B ) a final report on such assessment by not later than December 31, 2010. (2) E LEMENTS.—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 ris k s 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. Subti t leC—M i s sile D e f e n se Prog r am s SEC.231 .SE N SE OF CON GR ESS ON BAL L I S T IC M ISSILE D EFENSE. 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 N orth K orea 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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 123STA T . 2232 PUBLIC LA W 111 –84—O CT. 28 , 2 0 0 9def e ns e o ff ic i al sof th e r e qu ire m ents and ca p a b ilities needed to address those threats and (3) the test and e v aluation pro g ram for such missile defense s y stems 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.23 2. A SSESS M E NT AN DPL AN FOR T H E G RO U ND -B ASED M I D- COURSE DEFENSE ELEMENT OF THE BALLISTIC MISSILE DEFENSE S Y STEM. (a) SENS E OFC ON GR ESS. —I t is the sense of Congress that the Secretary of D efense should ensure the reliability, availability, maintainability, and supportability of the G round - based M idcourse Defense element of the B allistic Missile Defense system throughout the service life of such element. (b) A SSESS M EN TR E QUI RE D .— ( 1 ) IN GENER AL .—As part of the quadrennial defense revie w , the N uclear P osture 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) F uture options for the Ground-based Midcourse Defense element. ( 2 ) E LEMENTS.— T he 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 4 4 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) RE P ORT.—At or about the same time the budget of the President for fiscal year 2 0 11 is submitted to Congress pursuant to section 110 5 of title 31, U nited 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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 123STA T . 2233 PUBLIC LA W 111 –84—O CT. 28 , 2 0 0 9bypar a g rap h(1).T h e rep o r ts ha l lbe inu n c lassi f ie d for m, but may include a classified anne x . (c) PLANREQUIR E D . — (1) I N G ENERAL.—In addition to the assessment re q uired by subsection (b), the S ecretary shall establish a plan for the G round - based M idcourse D efense element of the B allistic Mis- sile Defense system. The plan shall co v er the period of the future-years defense program that is submitted to C ongress under section 2 21 of title 1 0, U nited States Code, at or about the same time as the submittal to Congress of the budget of the President for fiscal year 2011. (2) E LE M EN TS .—The plan required by paragraph (1) shall include the follo w ing 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 moderni z ation 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 )RE PO RT.—At or about the same time the budget of the President for fiscal year 2011 is submitted to Congress pursuant to section 110 5 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) CONSTRU C TION.— N othing in this section shall be construed as altering or revising the continued production of all Ground- Based Interceptor missiles on contract as of J une 23, 200 9 . (e) COMPTROLLER GENERAL RE V IE W .—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.23 3.C ONTI N U E DPR ODUCTION O FG ROUND -BA SED INTERCEPTOR M ISSI L E AND OPERATION OF MISSILE FIELD 1 AT FORT GREEL Y, ALAS K A. (a) L IMITATION ON BREA K IN PRODUCTION.—The Secretary of Defense shall ensure that the Director of the Missile Defense Agency Deadlin e .


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 123STA T . 223 4PUBLIC LA W 111 –8 4 —O CT. 28 , 2 0 0 9doesn o tal lo w a br ea ki n p rod uc tion o f t h e G round - based I nter- ceptor m issile until the S ecretar y has —(1) completed the B allistic M issile D efense R e v iew ( 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 con g ressional defense committees a report containing such determination . (b) LIM I TA TI ON ON CER TAIN AC TION SW IT H RES P ECT TO MISSI L E F IEL D 1 AND MISSILE FIELD 2 AT FORT GREEL Y, ALAS K A.— (1) LIMITATION ON DECOMMISSIONIN G O F MISSILE FIELD 1 .— T he Secretary of Defense shall ensure that Missile Field 1 at Fort Greely, Alaska, is not completely decommissioned until si x silos are operationally available in Missile Field 2 at Fort Greely. (2) LIMITATION W ITH 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 re q uired by subsections (b)(3) and (c)(3) of section 232 are submitted to the congressional defense committees. SEC.234 . LIM I TA TI ON ONA V AILA B ILIT Y O F F U N D SFO R AC Q UISITION OR DE P LOYMENT OF MISSILE DEFENSES IN EUROPE. N o funds authori z ed 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 E urope until the Secretary of Defense, after receiving the views of the Director of O perational 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. 23 5 . AUT H ORI Z ATION OF FUNDS FOR DEVELOPMENT AND DEPLOYMENT OF ALTERNATIVE MISSILE DEFENSE SYS - TEMS IN EUROPE. (a) A U THORI Z ATION OF FUNDS FOR ALTERNATI V E EUROPEAN MIS- SILE DEFENSE SYSTEMS.—Of the funds authorized to be appro- priated or otherwise made available for fiscal years 200 9 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 U nited 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.C ert if i ca tio n . 10US C 243 1 note. D ea dl ine. Reports. Deter m ination. Re v ie w .


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 123STA T . 223 5PUBLIC LA W 111 –84—O CT. 28 , 2 0 0 9UnitedS t a te s ina pr i o riti z ed m anner t h at in clu des consider - ation o f the imminence of the threat and the le v el of accepta b le ris k;(2) operationall y -effective and cost-effective in providin g protection for E urope , and the United States in the case of long-range missile threats, against current and future I ranian ballistic missile threats; and ( 3 ) interoperable, to the e x tent practical, w ith other compo- nents of missile defense and complementary to the missile defense strategy of the N orth A tlantic T reaty O rganization . (b) CONSTRUC T I ON. — Except as provided in subsection (a), nothing in this section shall be construed as limiting or preventing the Secretary of D efense from pursuing the development or deploy- ment of operationally-effective and cost-effective ballistic missile defense systems in Europe. (c) IN DEP ENDENT ASSESS M ENT.— ( 1 )IN G ENER AL .—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 P resident on September 1 7, 200 9 . (2) R EPORT.—Not later than J une 1, 2010, the Secretary shall submit to the congressional defense committees a report on the independent assessment conducted under paragraph (1). SEC.236 .C OMPR E H E N S IV EP LA N F OR T EST AN D EVAL U ATION OF THE B ALLISTIC MISSILE DEFENSE S Y STEM. (a) PLAN RE Q UIRED.— (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 O F 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 M issile Defense Agency. ( B ) The Director of Operational Test and Evaluation. (C) The operational test components of the military departments. (b) ELEMENTS.—The plan re q uired by subsection (a) shall include, with respect to developmental and operational testing of the ballistic missile defense system, the following: (1) Test and evaluation ob j ectives. (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. Deadlin e .Co n tr a c t s.


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 123STA T . 223 6PUBLIC LA W 111 –84—O CT. 28 , 2 0 0 9(7)Ther e lativ er o leo fm o d el s a n d sim u lations ,g round tests, and flight tests in a c hieving the o bj ectives of the p lan . ( 8 ) Test infrastructure and resources, including test range limitations and potential range enhancements. ( 9 ) Test readiness revie w approaches and methodolog y . ( 10 ) Testing for system and element integration and inter - operability. (11) M eans for achieving operational realism and means of demonstrating operational effectiveness, suitability, and survivability. (1 2 ) D etailed descriptions of planned tests. (1 3 ) A description of the resources re q uired to implement the plan. (c) REPORT . — (1) ING ENER AL .— N ot later than March 1, 2010, the S ec- 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) A D D I TIONAL IN F OR M ATION ON GRO U ND- B A S ED MID C OURSE 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 G round-based Midcourse Defense element of the ballistic missile defense system as follows (A) P lans 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 k nown as ‘ ‘sustainment testing ’ ’). (3) F ORM.—The report required by this subsection shall be submitted in unclassified form, but may include a classified anne x . SEC.237 . S TUDYON D I SC R I M IN A TION CA P A B I L ITIES O F BALLISTIC MISSILE DEFENSE SYSTEM. (a) STUD Y .—The Secretary of Defense shall enter into an arrangement with the J AS O N 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 U nited 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. 23 8 . ASCENT P H ASE MISSILE DEFENSE STRATE G Y 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.