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 123STA T . 223 7PUBLIC LA W 111 –84—O CT. 28 , 2 0 0 9(b)MAT T ERSINCLUD ED .—Ther e po r t re qui re d b ys ubse c tio n ( a ) sha l l include each o f the follo w in g: ( 1 ) A description of the progra m s and acti v ities , as of the date of the submission of the report, contained in the program of record of the Missile D efense Agency that provide or are planned to provide a capability to intercept ballistic missiles in their ascent phase. ( 2 ) A description of the capabilities that are needed to accomplish the intercept of ballistic missiles in their ascent phase, including— (A) the k ey technologies and associated technology readiness levels, plans for maturing such technologies, and any technology demonstrations for such capabilities ( B ) concepts of operation for how ascent phase capabili - ties would be employed, including the dependence of such capabilities on, and integration with, other functions, capabilities, and information, including those provided by other elements of the ballistic missile defense system; ( C ) the criteria to be used to assess the technical progress, suitability, and effectiveness of such capabilities; (D) a comprehensive plan for development of and investment in such capabilities, including an identification of specific program and technology investments to be made in such capabilities; ( E ) a description of how, and to what e x tent, ascent phase missile defense can leverage the capabilities and investments made in boost phase, midcourse, and any other layer or elements of the ballistic missile defense system; ( F ) a description of the benefits and limitations associ- ated with ascent phase missile defense; and ( G ) any other information the S ecretary determines necessary. (c) F O R M .—The report required by subsection (a) shall be sub- mitted in unclassified form, but may include a classified annex. SEC.239 .E XT E N S IO NO FD E A D L INE FO R ST U D Y ON B OOST -PH ASE M IS- SILE DEFENSE. Section 2 3 2(c)(1) of the Duncan H unter N ational Defense Authori z ation Act for Fiscal Y ear 2 0 0 9 ( P ublic L aw 110 –4 1 7 Stat. 4392) is amended by striking ‘ ‘ O ctober 31, 2010 ’ ’ and inserting ‘‘March 1, 2011’’. Subti t leD—R e por t s SEC. 2 41 . REPEAL OF RE Q UIREMENT FOR BIENNIAL J OINT W ARFI G HTING SCIENCE AND TECHNOLOGY PLAN. Section 270 of the National Defense Authorization Act for Fiscal Year 1997 (10 U .S.C. 2 5 01 note) is repealed. SEC. 242. MODIFICATION OF REPORTING REQUIREMENT FOR DEFENSE NANOTECHNOLOGY RESEARCH AND DE V ELOPMENT PRO- GRAM. Section 24 6 of the Bob Stump National Defense Authorization Act for Fiscal Year 2003 (Public Law 107–314; 10 U.S.C. 235 8 note) is amended by striking subsection (e) and inserting the fol- lowing new subsection (e):
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 123STA T . 223 8PUBLIC LA W 111 – 8 4—O CT. 28 , 2 0 0 9‘ ‘ (e)REPORTS.—Th e Und e rS e c re ta r yofD efen s e for A c qui sition , Techno l o g y, and L ogistics shall su bm it to the N ational Science and Technology C ouncil information on the p rogram that co v ers the information described in paragraphs ( 1 ) through ( 5 ) of section 2 (d) of the 21st Century Nanotechnology Research and Development Act (15 U.S.C. 7 5 0 1(d)) to be included in the annual report sub - mitted by the Council under that section. ’ ’. SEC.243 .C OMPTR O L LER G E N ER A L ASSESSMENT O F COOR DI NATION OF ENERG Y STORAGE DE V ICE RE QU IREMENTS , PUR - C H ASES, AND INVESTMENTS. (a) ASSESS M E N TRE QUI RE D .—The Comptroller G eneral shall conduct an assessment of the degree to w hich requirements, tech- nology goals, and research and procurement investments in energy storage technologies are coordinated within and among the military departments, appropriate Defense Agencies, and other elements of the Department of Defense. I n carrying out such assessment, the Comptroller General shall— (1) assess the e x penses incurred by the Department of Defense in the research, development, testing, evaluation, and procurement of energy storage devices (2) compare quantities of types of devices in use or under development that rely on commercial energy storage tech- nologies and that use military-unique, proprietary, or specialty devices; ( 3 ) assess the process by which a determination is made by an acquisition official of the Department of Defense to pursue a commercially available or custom-made energy storage device; ( 4 ) assess the process used to develop requirements for the development and procurement of energy storage devices; (5) assess the coordination of the activities of the Depart- ment of Defense and the Department of E nergy with respect to the research, development, procurement, and use of energy storage devices; ( 6 ) assess the coordination of Department of Defense-wide activities in energy storage device research, development, procurement, and use; (7) assess the process used to standardi z e the form, fit, and function of energy storage devices, and ma k e recommenda- tions with respect to how the Department should improve that process; and ( 8 ) assess whether there are commercial advances in port- able power technology, including hybrid systems, fuel cells, and electrochemical capacitors, or other relevant technologies, that could be better leveraged by the Department. (b) REPORT.—Not later than December 31, 2010, the Comp- troller General shall submit to the Committees on Armed Services of the Senate and H ouse of Representatives a report on the findings and recommendations of the Comptroller General with respect to the assessment conducted under subsection (a). (c) COORDIN A TION.—In carrying out subsection (a), the Comp- troller General shall coordinate with the Secretary of Energy and the heads of other appropriate F ederal agencies. SEC. 244. ANNUAL COMPTROLLER GENERAL REPORT ON THE F – 3 5 LIGHTNING II AIRCRAFT ACQUISITION PROGRAM. (a) ANNUA L GA O RE V IE W .—The Comptroller General shall con- duct an annual review of the F – 35 Lightning II aircraft acquisition

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 123STA T . 223 9PUBLIC LA W 111 –84—O CT. 28 , 2 0 09 prog r am a ndsh a l l , no t lat e r than M ar c h 15 o f each of 20 10 thro u gh 2015, su b m i t to the congressional defense committees a report on the results of the most recent re v ie w.( b ) M AT T ERS T OB E INCLUD ED. —E ach report on the F–3 5 pro - gram under subsection (a) shall include each of the following (1) T hee x tent to which the ac q uisition program is meeting development and procurement cost, schedule, and performance goals. (2) The progress and results of developmental and oper- ational testing and plans for correcting deficiencies in aircraft performance, operational effectiveness, and suitabilit y . (3) A ircraft procurement plans, production results, and efforts to improve manufacturing efficiency and supplier performance. SEC.245 . R E PO R T O NI NTE G R A TION O FD EPART M ENT OF DEFENSE INTE L LIGENCE , S U R V EILLANCE, AND RECONNAISSANCE CAPA B ILITIES. O f the amounts authori z ed to be appropriated in this Act for program element 11 8 15F for advanced strategic programs, not more than 50 percent of such amounts may be obligated or expended until the date that is 30 days after the date on which the U nder S ecretary of D efense for Intelligence submits the report required under section 9 23(d)(1) of the N ational Defense Authorization Act for 200 4 ( P ublic L aw 108–13 6; 11 7 Stat. 1576), including the ele- ments of the report described in subparagraphs (D), (E), and (F) of such section 923(d)(1). SEC. 24 6 . REPORT ON FUTURE RESEARC H AND DEVELOPMENT OF MAN - PORTABLE AND VEHICLE-MOUNTED GUIDED MISSILE S Y STEMS. (a) R E P ORT.—Not later than February 15, 2010, the Secretary of the Army shall submit to C ongress a report on future research and development of man-portable and vehicle-mounted guided mis- sile systems to replace the current J avelin and TO W systems. Such report shall include— (1) an examination of current requirements for anti-armor missile systems; (2) an analysis of battlefield uses other than anti-armor; (3) an analysis of changes required to the current Javelin and TOW systems to maximize effectiveness and lethality in situations other than anti-armor; (4) an analysis of the current family of Javelin and TOW warheads and a specific description of how they address threats other than armor; (5) an examination of the need for changes to current or development of additional warheads or a family of warheads to address threats other than armor; (6) a description of any missile system design changes required to integrate current missile systems with current manned ground systems; (7) a detailed and current analysis of the costs associated with the development of next-generation Javelin and TOW systems and additional warheads or family of warheads to address threats other than armor, integration costs for current vehicles, integration costs for future vehicles and possible effi- ciencies of developing and procuring these systems at low rate and full rate based on current system production; and


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 123STA T . 22 40PUBLIC LA W 111 –8 4 —O CT. 28 , 200 9(8)an ana lysi s ofthe a b ility of the in du st r ial base to su p port de v elop m ent and produ c tion of current and future J av - elin and TOW systems . (b) RESTRIC TI ON ON U SEO FFU N D S. — Of the amounts authori z ed to be appropriated under this A ct for research , test, development, and evaluation for the Army, for missile and roc k et advanced tech- nolo g y (program element 06 0 3 3 1 3A), not more than 7 0 percent may be obligated or e x pended until the S ecretary of the Army submits the report re q uired by subsection (a). SEC.247 . R E PO R T O N T H E D E V E L OP M ENT O F COMM A ND AND CON - TROL S Y STEMS. (a) RE P ORT RE Q UIRED.— N ot later than July 1, 2 010, the Sec- retary of D efense shall submit to the congressional defense commit- tees a report detailing the plans for the consolidation of the Net- E nabled C ommand Capability system (hereinafter in this section referred to as the ‘ ‘NECC system ’ ’) w ith the G lobal Command and Control System family of systems (hereinafter in this section referred to as the ‘‘GCCS family of systems’’). (b) E L E M ENTS.—The report required by subsection (a) shall include each of the following (1) A description of the level of investment needed to develop, sustain, and modernize the GCCS family of systems in order to meet military requirements. (2) A description of the actions needed to convert the GCCS family of systems to a services-oriented architecture, including a timeline and milestones. (3) An identification of the components, including modules and other technologies, developed under the NECC systems that can be implemented in the GCCS family of systems. ( 4 ) An identification of gaps in required capabilities not resident in the GCCS family of systems or provided by the NECC system. ( 5 ) An identification of any science and technology efforts or developing commercial capabilities that might address capa- bility gaps identified pursuant to paragraph (4). (6) A description of the developmental and operational test plans for the GCCS family of systems, and resources pro- grammed to support such plans. (7) A description of the GCCS family of systems manage- ment and governance plan structure, including— (A) organizations involved in program planning and execution ( B ) the delegation of authorities for programmatic and technical issues in the development of the GCCS family of systems, including architecture design and control, and funding; and (C) the role of the command and control capabilities portfolio manager and the Office of Secretary of Defense oversight agencies. (8) Such other elements as the Secretary of Defense con- siders appropriate. (c) COORDIN A TION.—The report required by subsection (a) shall be developed j ointly by the V ice-Chairman of the Joint Chiefs of Staff, the Secretaries of the military departments, the Under Sec- retary of Defense for Acquisition, Technology, and L ogistics, the Assistant Secretary of Defense for Networks and I nformation


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 123STA T . 22 4 1 PUBLIC LA W 111 –8 4 —O CT. 28 , 2 0 0 9Integra t io n , t h e c o m man d ero f the U nited S tate sJ oint F orces C om - mand, the D irector of Op erationa lT est and Ev al u ation, and the Director of the Defense Information S y stems A gency .( d ) I NTERIMR E PO RT. —N ot later than M arch 1, 20 10, the Sec- retary of Defense shall su b mit to the congressional defense commit- tees an interim report on the activities carried out to prepare the report re q uired by subsection (a) and the preliminary findings and recommendations of the Secretary w ith respect to the plans for the consolidation of the NECC system with the G CCS family of systems based on such activities. (e) FORM.—The report required by subsection (a) shall be sub- mitted in unclassified form, but may include a classified anne x . SEC.248 .E VALU A TION O F E X TEN D ED R AN G E M ODULAR SNI P ER RIFLE S Y STEMS. (a) IN GENER AL .—Not later than March 3 1, 2010, the Assistant Secretary of the Army for Acquisition, L ogistics, and Technology shall conduct a comparative evaluation of extended range modular sniper rifle systems, including .300 W inchester Magnum, .33 8 Lapua Magnum, and other calibers. The evaluation shall identify and demonstrate an integrated suite of technologies with capabili- ties that include— (1) extending the effective range of snipers (2) meeting service or unit requirements or operational need statements; or (3) closing documented capability gaps. (b) REPORT.—Not later than April 30, 2010, the Assistant Sec- retary of the Army for Acquisition, Logistics, and Technology shall submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the H ouse of Representatives a report containing the results of the evaluation required by sub- section (a), including— (1) detailed ballistics and system performance data; and (2) an assessment of the operational capabilities of extended range modular sniper rifle systems to meet service or unit requirements or operational need statements or close docu- mented capabilities gaps. Subti t leE—O t h e rMa tter s SEC. 2 51 .EN H ANCEMENT OF DUTIES OF DIRECTOR OF DEPARTMENT OF DEFENSE TEST RESOURCE MANAGEMENT CENTER W ITH RESPECT TO THE MA J OR RANGE AND TEST FACILITY B ASE. (a) A U T H ORIT Y TO RE V IE WP ROPO S ALS F OR SI G NIFI C ANT CHANGES.—Section 1 96 (c) of title 10, United States Code, is amended— (1) in paragraph (1), by redesignating subparagraphs (A) and ( B ) as clauses (i) and (ii), respectively; (2) by redesignating paragraphs (1) through ( 4 ) as subpara- graphs (A) through (D), respectively; (3) by inserting ‘ ‘(1) ’ ’ before ‘‘The Director’’; (4) by redesignating subparagraphs (B), (C), and (D), as so redesignated, as subparagraphs (C), (D), and (E), respec- tively; and


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 123STA T . 22 4 2 PUBLIC LA W 111 –8 4 —O CT. 28 , 2 0 0 9(5)byinsert in gaf ter s u b p aragrap h ( A ) , ass o re d esignated, the fo l lo w ing new subparagraph ( B )

‘(B) T ore v iew proposed signifi c ant changes to the test and evaluation facilities and resources of the M a j or R ange and Test F acility Base before they are i m plemented by the S ecretaries of the military departments or the heads of the D efense Agencies with test and evaluation responsibilities and advise the Secretary of Defense and the U nder Secretary of Ac q uisition, Technology, and L ogistics of the impact of such changes on the adequacy of such test and evaluation facilities and resources to meet the test and evaluation requirements of the Department .’ ’. (b) A C C ES S TO RECO RD S AN D DATA. — Such section is further amended by adding at the end the following new paragraph: ‘‘( 2 ) The Director shall have access to such records and data of the Department of Defense (including the appropriate records and data of each military department and Defense Agency) that are necessary in order to carry out the duties of the Director under this section.’’. SEC.25 2. ES TABLI S HM E N T OFPR O G RAM TO ENHANCE PARTICIPATION OF HISTORICALL Y BLAC K COLLEGES AN DU NI V ERSITIES AND MINORITY - SERVING INSTITUTIONS IN DEFENSE RESEARCH PROGRAMS. (a) P RO G RA ME STA BLI S H ED.— C hapter 139 of title 1 0, United States Code, is amended by inserting after section 23 6 1 the fol - lowing new section: ‘ ‘ §236 2 .Res e arch a nd ed u ca tio na lp ro g ra m s and acti v ities historicall yb lac k colleges and universities and minority - serving institutions o f higher education ‘‘(a) PROGRAM ESTABLISHED.—The Secretary of Defense, acting through the Director of Defense Research and Engineering and the Secretary of each military department, shall carry out a program to provide assistance to covered educational institutions to assist the Department in defense-related research, development, testing, and evaluation activities. ‘‘(b) PROGRAM O B J ECTI V E.—The objective of the program estab- lished under subsection (a) is to enhance defense-related research and education at covered educational institutions. Such objective shall be accomplished through initiatives designed to— ‘‘(1) enhance the research and educational capabilities of such institutions in areas of importance to national defense, as determined by the Secretary ‘‘(2) encourage the participation of such institutions in the research, development, testing, and evaluation programs and activities of the Department of Defense; ‘‘(3) increase the number of graduates from such institu- tions engaged in disciplines important to the national security functions of the Department of Defense, as determined by the Secretary; and ‘‘( 4 ) encourage research and educational collaborations between such institutions and other institutions of higher edu- cation, G overnment defense organi z ations, and the defense industry.


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 123STA T . 22 4 3 PUBLIC LA W 111 –8 4 —O CT. 28 , 2 0 0 9‘ ‘ (c)AS S I S TANCEPROV I D ED .—Underth e p r og r am e s ta bli shed b y s u bsection (a) , the S ecretary o fD efense may pro v ide covered edu - cational institutions w ith funding or technical assistance, including any of the following ‘‘( 1 ) Support for research, development, testing, evaluation, or educational enhancements in areas important to national defense through the competitive awarding of grants, cooperative agreements, contracts, scholarships, fellowships, or the ac q uisi- tion of research equipment or instrumentation. ‘‘( 2 ) Support to assist in the attraction and retention of faculty in scientific disciplines important to the national secu- rity functions of the Department of Defense. ‘‘( 3 ) E stablishing partnerships between such institutions and defense laboratories, G overnment defense organi z ations, the defense industry, and other institutions of higher education in research, development, testing, and evaluation in areas important to the national security functions of the Department of Defense. ‘‘( 4 ) O ther such non-monetary assistance as the Secretary finds appropriate to enhance defense-related research, develop- ment, testing, and evaluation activities at such institutions. ‘‘(d) PRIORIT YF OR FU NDIN G .— T he Secretary of Defense may establish procedures under which the Secretary may give priority in providing funding under this section to institutions that have not otherwise received a significant amount of funding from the Department of Defense for research, development, testing, and evaluation programs supporting the national security functions of the Department. ‘‘(e) DEFINITION OF C OVERED EDUCATIONA LI NSTITUTION.—In this section the term ‘covered educational institution ’ means— ‘‘(1) an institution of higher education eligible for assistance under title III or I V of the H igher Education Act of 1 965 (2 0 U.S.C. 1051 et seq.) or ‘‘(2) an accredited postsecondary minority institution.’’. (b) CLERICAL A M ENDMENT.—The table of sections at the begin- ning of such chapter is amended by inserting after the item relating to section 2361 the following new item: ‘ ‘ 236 2 .Res e arch a nd ed u ca tio na lp ro g ra m s and acti v ities historicall yb lac k colleges and universities and minority - serving institutions o f higher education. ’ ’. SEC.253 . E XT E N S IO NO FAU T H O R IT Y TOA W AR DP RI Z ES FOR AD V ANCED TECHNO L O G Y ACHIEVE M ENTS. Subsection (f) of section 23 7 4a of title 10, United States Code, is amended by stri k ing ‘‘September 30, 2010’’ and inserting ‘‘Sep- tember 30, 2013’’. SEC. 25 4 . AUTHORITY FOR NATIONAL AERONAUTICS AND SPACE ADMINISTRATION FEDERALLY FUNDED RESEARCH AND DEVELOPMENT CENTERS TO PARTICIPATE IN MERIT -B ASED TECHNOLOGY RESEARCH AND DEVELOPMENT PRO- GRAMS. Section 217(f)(1) of the N ational Defense Authorization Act for Fiscal Y ear 1995 (Public L aw 103 – 337; 10 8 Stat 2695), as amended by section 3136 of the National Defense Authorization Act for Fiscal Year 1999 (Public Law 105–261), is amended— 15USC37 15 note.


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 123STA T . 22 4 4 PUBLIC LA W 111 –8 4 —O CT. 28 , 2 0 0 9(1)insubpar a g rap h ( A )b y ins e r t ing ‘ ‘ ,of the N ationa l Aeronauti c san dS pace Ad m inistration, ’ ’ after ‘‘the D epartment of Defense’’ and ( 2 ) by adding at the end the follo w ing new subparagraph ( C ) ‘‘(C) A federally funded research and de v elopment center of the National Aeronautics and Space Administration that functions primarily as a research laboratory may respond to broad agency announcements under programs authori z ed by the F ederal G overn - ment for the purpose of promoting the research, development, dem- onstration, or transfer of technology in a manner consistent with the terms and conditions of such program . ’’. SEC.25 5. N E XTG ENE RA T IO N B O M BER AIRCRA F T. (a) F IND IN GS . — Congress ma k es the following findings: (1) L ong-range strike is a critical mission in which the U nited States needs to retain a credible and dominant capa- bility. (2) Long range, penetrating strike systems provide— (A) a hedge against being unable to obtain access to forward bases for political reasons; ( B ) a capacity to respond q uickly to contingencies; (C) the ability to base outside the reach of emerging adversary anti-access and area-denial capabilities; and (D) the ability to impose disproportionate defensive costs on prospective adversaries of the United States. ( 3 ) T he2 0 0 6 quadrennial defense review found that there was a requirement for a ne x t generation bomber aircraft and directed the United States Air Force to ‘‘develop a new land- based, penetrating long range strike capability to be fielded by 201 8 ’’. ( 4 ) O n April 6, 200 9, Secretary of Defense R obert Gates announced that the United States ‘‘will not pursue a develop- ment program for a follow-on Air Force bomber until we have a better understanding of the need, the requirement and the technology’’. ( 5 )On M ay 7, 2009, P resident Barack Obama announced the termination of the next generation bomber aircraft program in the document of the Office of Management and Budget entitled ‘‘Terminations, Reductions, and Savings’’, stating that ‘‘there is no urgent need to begin an expensive development program for a new bomber’’ and that ‘‘the future bomber fleet may not be affordable over the next six years’’. (6) The United States will need a new long-range strike capability because the conflicts of the future will likely feature heavily defended airspace, due in large part to the proliferation of relatively inexpensive, but sophisticated and deadly, air defense systems. (7) General Michael Maples, the Director of the Defense I ntelligence Agency, noted during a March 10, 2009, hearing of the Committee on Armed Services of the Senate on worldwide threats that ‘‘Russia, quite frankly, is the developer of most of those [ advanced air defense ] systems and is exporting those systems both to China and to other countries in the world’’. (8) The Final Report of the Congressional Commission on the Strategic Posture of the United States, submitted to Con- gress on May 6, 2009, states that ‘‘[t]he bomber force is valuable


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 123STA T . 22 45PUBLIC LA W 111 –8 4 —O CT. 28 , 2 0 0 9particul arl yfo r ex te nd in g deterrence in ti m eofcri s is , ast h eir deployment is v isi b le and signals U.S. commitment. B ombers also impose a significant cost burden on potential adversaries in terms of the need to invest in advanced air defenses ’ ’. (9)T he commanders of the United States P acific C ommand, the United States Strategic Command, and the United States J oint F orces Command have each testified before the Com - mittee on A rmed Services of the Senate in support of the capability that the next generation bomber aircraft w ould pro- vide. ( 10 ) O nJune1 7, 2 009, G eneral James Cartwright, V ice- Chairman of the Joint Chiefs of Staff and chair of the Joint R e q uirements Oversight Council, stated during a hearing before the Committee on Armed Services of the Senate that ‘ ‘the nation needs a new bomber’’. (11) N early half of the United States bomber aircraft inven- tory ( 4 7 percent) pre-dates the Cuban M issile Crisis. (12) The only air-breathing stri k e platforms the United States possesses today with reach and survivability to have a chance of successfully executing missions more than 1,000 nautical miles into enemy territory from the last air-to-air refueling are 1 6 combat ready B-2 bomber aircraft. (1 3 ) The B-2 bomber aircraft was designed in the 19 8 0s and achieved initial operational capability over a decade ago. (14) The crash of an operational B-2 bomber aircraft during takeoff at Guam in early 2008 indicates that attrition can and does occur even in peacetime. (1 5 ) The primary mission requirement of the next genera- tion bomber aircraft is the ability to strike targets anywhere on the globe with whatever weapons the contingency requires. (16) The requisite aerodynamic, structural, and low-observ- able technologies to develop the next generation bomber aircraft already exist in fifth-generation fighter aircraft. (b) P OLICY O N CON T IN UEDD E V ELO PM ENT O F NE X T GENE RA TION BOM B ER AIRCRAFT IN FI S CAL Y EAR 2010. —I t is the policy of the United States to support a development program for next generation bomber aircraft technologies. TI T LE III —OP E RA TIO N AN DM AINTENAN C E Subti t leA— Aut hor i za tio n o f A p propriation s Se c.301 . O peration an dm aintenance fundin g . Sec. 30 2 . R elation to funding table. Subtitle B — E n v ironmental P rovisions Sec. 311. C larification of re q uirement for use of available funds for D epartment of Defense participation in conservation ban k ing programs. Sec. 312. Reauthorization of title I of Sikes Act. Sec. 313. Authorit y of Secretary of a military department to enter into interagency agreements for land management on Department of Defense installa - tions. Sec. 31 4 . Reauthorization of pilot program for invasive species management for military installations in G uam. Sec. 31 5 . Reimbursement of Environmental Protection Agency for certain costs in connection w ith the F ormer N ansemond Ordnance Depot Site , Suffolk, V irginia. Sec. 31 6 . Procurement and use of munitions. Sec. 31 7 . Prohibition on disposing of waste in open-air burn pits.


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 123STA T . 22 46PUBLIC LA W 111 –8 4 —O CT. 28 , 2 0 0 9Sec.318 . Mil i tarymun iti o n s res p onse sites. Su b title C—W or k place an dD epot I ssues Sec. 3 2 1. P ublic - pri v ate competition re q uired be f ore conversion of any Department of Defense function performed by civilian employees to contractor per- formance. Sec. 322. T ime limitation on duration of public-private competitions. Sec. 323. Policy re g arding installation of ma j or modifications and upgrades. Sec. 32 4 . Modification of aut h ority for A rmy industrial facilities to engage in coop- erative activities w ith non-Army entities. Sec. 32 5 . Temporary suspension of public-private competitions for conversion of De- partment of Defense functions to performance by a contractor. Sec. 32 6 . R equirement for debriefings related to conversion of functions from per- formance by F ederal employees to performance by a contractor. Sec. 32 7 . Amendments to bid protest procedures by Federal employees and agency officials in conversions of functions from performance by Federal em- ployees to performance by a contractor. Sec. 328. Improvement of inventory management practices. Sec. 32 9 . Modification of date for submittal to Congress of annual report on funding for public and private performance of depot-level maintenance and re- pair workloads. Subtitle D— E nergy Security Sec. 331. Authori z ation of appropriations for Director of O perational Energy. Sec. 332. E x tension and expansion of reporting requirements regarding Depart- ment of Defense energy efficiency programs. Sec. 333. Report on implementation of Comptroller G eneral recommendations on fuel demand management at forward-deployed locations. Sec. 334. Report on use of renewable fuels to meet energy requirements of Depart- ment of Defense. Sec. 335. Energy security on Department of Defense installations. Subtitle E—Reports Sec. 341. Annual report on procurement of military working dogs. Sec. 342. Plan for managing vegetative encroachment at training ranges. Sec. 343. Comptroller General report on the sustainment strategy for the A V -8 BH arrier aircraft. Sec. 344. Study on Army modularity. Subtitle F—Other Matters Sec. 351. Authority for airlift transportation at Department of Defense rates for non-Department of Defense Federal cargoes. Sec. 352. Policy on ground combat and camouflage utility uniforms. Sec. 353. Condition-based maintenance demonstration programs. Sec. 354. Extension of arsenal support program initiative. Subti t leA— Aut hor i za tio n o f A p propriation sSEC.301 . OP E RATI O N AN DM AINTENANCE FU NDIN G . Fundsareh ere by au t h o r iz edtobea p propriated f or fis c a l year 201 0fortheuseofthe A r m ed Forces and other acti v ities and a g encies of the D epartment of Defense for e x penses , not other w ise provided for, for operation and maintenance, in amounts as follows

1 ) For the Army, $3 1,2 6 3,332,000 . (2) For the N avy, $3 5 ,0 4 1,2 7 4,000. (3) For the M arine C orps, $5,543,223,000. (4) For the Air Force, $34,527,14 9 ,000. (5) For Defense - wide activities, $2 8 ,327,396,000. (6) For the Army R eserve, $2,620,196,000. (7) For the Naval Reserve, $1,278,501,000. (8) For the Marine Corps Reserve, $228,925,000. (9) For the Air Force Reserve, $3,079,228,000. (10) For the Army National G uard, $6,262,184,000.


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 123STA T . 22 47PUBLIC LA W 111 –8 4 —O CT. 28 , 2 0 0 9(1 1 )FortheAi r Na tio n a lGu ar d,$5 , 8 85, 76 1, 0 00 . (1 2 ) For the U nited S tate sC ourt o f A p peals for the Ar m ed For c es, $1 3, 9 32,000. (13) For the Ac q uisition D e v elopment W or k force Fund, $100,000,000. (1 4 ) For E nvironmental R estoration, Arm y , $415,864,000. (15) For Environmental Restoration, Navy, $285,869,000. (16) For Environmental Restoration, Air Force, $494,276,000. (17) For Environmental Restoration, Defense -w ide, $11,000,000. (18) For Environmental Restoration, Formerly Used Defense Sites, $267,700,000. (19) For O verseas H umanitarian, Disaster, and Civic Aid pro g rams, $109,869,000. (20) For Cooperative T hreat Reduction programs, $424,093,000. SEC.302 . R E LATION TO FU N D IN G TA B LE. The amounts authori z ed to b e appropriated by section 301 shall be available, in accordance with the requirements of section 4001, for pro j ects, programs, and activities, and in the amounts, specified in the funding table in section 4301. Subti t leB—Env i ro n m ent a l P rovi s ions SEC. 3 1 1. CLARIFICATION OF RE Q UIRE M ENTFORUSEOFA V AILABLE FUNDS FOR DE P ARTMENT OF DEFENSE PARTICIPATION IN CONSERVATION BAN K ING PROGRAMS. Section 2694c of title 10, United States Code, is amended — (1) in subsection (a), by striking ‘ ‘to carry out this section ’ ’ (2) by redesignating subsection (d) as subsection (e); and (3) by inserting after subsection (c) the following new sub- section (d) ‘‘(d) S OURCE O F FU NDS .—Amounts available from any of the following shall be available for activities under this section: ‘‘(1) Operation and maintenance. ‘‘(2) M ilitary construction. ‘‘(3) Research, development, test, and evaluation. ‘‘(4) The Support for United States Relocation to Guam Account established under section 2824 of the Military Construction Act for Fiscal Y ear 2009 (division B of P ublic L aw 110-417; 122 Stat. 4730; 10 U.S.C. 2687 note).’’. SEC. 312. REAUT H ORI Z ATION OF TITLE I OF SIKES ACT. (a) RE A U TH OR IZ ATION.—Section 108 of the Sikes Act (16 U.S.C. 670f) is amended by striking ‘‘fiscal years 2004 through 2008’’ each place it appears and inserting ‘‘fiscal years 2009 through 2014’’. (b) C L ARIFICATION OF AUTHORIZATIONS.—Such section is further amended— (1) in subsection (b), by striking ‘‘There are authorized’’ and inserting ‘‘Of the amounts authorized to be appropriated to the Department of Defense, there are authorized’’; and (2) in subsection (c), by striking ‘‘There are authorized’’ and inserting ‘‘Of the amounts authorized to be appropriated to the Department of the I nterior, there are authorized’’.


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 123STA T . 22 48PUBLIC LA W 111 – 84 —O CT. 28 , 2 0 0 9SEC.31 3. AUTHORI T Y O F SECRETARY OF A M I L ITARY D E P ARTME N T TO ENTER INTO INTERA G ENCY AGREEMENTS FOR LAND MANAGEMENT ON DEPARTMENT OF DEFENSE INSTALLA - TIONS. (a)AUTHORI T Y.—Section103 ao f t h eSi k e s Act (1 6U .S. C .6 7 0c – 1)isa m en d ed— (1)ins ub section (a)— (A) b y inse r tin g after ‘ ‘and indi v idua l s ’ ’ the follo w ing ‘‘, and into interagency agreements with the heads of other F ederal de p artments and agencies,’’ and ( B ) in paragraph ( 2 ), by inserting ‘‘or interagency agree - ment’’ after ‘‘cooperative agreement’’; (2) in subsection (b), by inserting ‘‘or interagency agree- ment’’ after ‘‘cooperative agreement’’; and (3) in subsection (c), by inserting ‘‘and interagency agree- ments’’ after ‘‘Cooperative agreements’’. (b) C LE RI CA LA M E ND MENT S .— T he heading for such section is amended by inserting ‘‘ ANDI N TER A G EN CY ’’ after ‘‘C O O P ERATI V E’’. SEC. 31 4 . REAUTHORI Z ATION OF PILOT PROGRAM FOR IN V ASIVE SPE- CIES MANAGEMENT FOR MILITARY INSTALLATIONS IN GUAM. Section 101(g)(1) of the Sikes Act (16 U.S.C. 670a(g)(1)) is amended by striking ‘‘fiscal years 200 4 through 200 8 ’’ and inserting ‘‘fiscal years 200 9 through 2014’’. SEC. 31 5 . REIM B URSEMENT OF ENVIRONMENTAL PROTECTION AGENCY FOR CERTAIN COSTS IN CONNECTION W ITH THE FORMER NANSEMOND ORDNANCE DEPOT SITE , SUFFOL K , VIRGINIA. (a) AUTHORITY TO R EIM B URSE.— (1) TRANS F ER AMOUNT.—Using funds described in sub- section (b) and notwithstanding section 221 5 of title 10, United States Code, the Secretary of D efense may transfer not more than $ 68,623 during fiscal year 2010 to the Former N ansemond O rdnance Depot Site Special Account, within the H a z ardous Substance Superfund. (2) P UR P OSE OF REIMBURSEMENT.—The payment under paragraph (1) is final payment to reimburse the E nvironmental Protection Agency for all costs incurred in overseeing a time critical removal action performed by the Department of Defense under the Defense Environmental Restoration Program for ord- nance and e x plosive safety hazards at the Former Nansemond Ordnance Depot Site, Suffolk, V irginia. (3) I NTERA G ENCY AGREEMENT.—The reimbursement described in paragraph (2) is provided for in an interagency agreement entered into by the Department of the Army and the Environmental Protection Agency for the Former Nansemond Ordnance Depot Site in December 1999. (b) SOURCE OF FUNDS.—Any payment under subsection (a) shall be made using funds authorized to be appropriated by section 301(18) of this Act for operation and maintenance for Environmental Restoration, Formerly Used Defense Sites. (c) USE OF FUNDS.—The Environmental Protection Agency shall use the amount transferred under subsection (a) to pay costs incurred by the agency at the Former Nansemond Ordnance Depot Site.


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 123STA T . 22 49PUBLIC LA W 111 –8 4 —O CT. 28 , 2 0 09 SEC.316 . PRO C U RE M E NTA N D USE O F MUN I TIONS. TheS e cr e ta r yofD efe ns e sha l l —(1)i n m a k in gd ecisions w ith res p ect to the proc u rement of munitions , de v elop methods to account for the full life - cycle costs of munitions, including the effects of failure rates on the cost of disposal ( 2 ) undertake a review of live-fire practices for the purpose of reducing une x ploded ordnance and munitions-constituent contamination without impeding military readiness; and ( 3 ) not later than 1 80 days after the date of the enactment of this A ct, su b mit to C ongress a report on the methods devel- oped pursuant to this section and the progress of the live- fire review and recommendations for reducing the life-cycle costs of munitions, unexploded ordnance, and munitions-con- stituent contamination . SEC. 31 7 . PRO H I B ITION ON DISPOSIN G OF W ASTE IN OPEN - AIR BURN PITS. (a) REGULATIONS .— (1) I N GENE R AL.— N ot later than 120 days after the date of the enactment of this Act, the Secretary of Defense shall prescribe regulations prohibiting the disposal of covered waste in open-air burn pits during contingency operations except in circumstances in which the Secretary determines that no alter- native disposal method is feasible. Such regulations shall apply to contingency operations that are ongoing as of the date of the enactment of this Act, including O peration Ira q i F reedom and Operation E nduring Freedom, and to contingency oper- ations that begin after the date of the enactment of this Act. (2) NOTI F I C ATION.—In determining that no alternative dis- posal method is feasible for an open-air burn pit pursuant to regulations prescribed under paragraph (1), the Secretary shall— (A) not later than 30 days after such determination is made, submit to the Committees on Armed Services of the Senate and H ouse of Representatives notice of such determination, including the circumstances, reasoning, and methodology that led to such determination; and ( B ) after notice is given under subparagraph (A), for each subsequent 180-day-period during which covered waste is disposed of in the open-air burn pit covered by such notice, submit to the Committees on Armed Services of the Senate and House of Representatives the j ustifica- tions of the Secretary for continuing to operate such open- air burn pit. (b) RE P ORT.—Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit to the Committees on Armed Services of the Senate and House of Representatives a report on the use of open-air burn pits by the U nited States Armed Forces. Such report shall include— (1) an explanation of the situations and circumstances under which open-air burn pits are used to dispose of waste during military exercises and operations worldwide; (2) a detailed description of the types of waste authori z ed to be burned in open-air burn pits; (3) a plan through which the Secretary intends to develop and implement alternatives to the use of open-air burn pits; Timep e r i ods.Sub missio n . D e a d l ine. A ppli c abili ty . Deadline. Determination. 10U S C27 01 note. Deadlines. R eports. Re v ie w . M et h ods.


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 123STA T . 22 50PUBLIC LA W 111 –84—O CT. 28 , 200 9(4)acopy o fther e gul at i o ns re q uire d to b e prescribed by subsection (a) ( 5 ) the health and en v iron m ental compliance standards the S ecretary has established for military and contractor oper - ations in I raq and A fghanistan w ith regard to solid waste disposal , including an assessment of whether those standards are being met; ( 6 ) a description of the environmental, health, and oper- ational impacts of open-pit burning of plastics and the feasi- bility of including plastics in the regulations prescribed pursu- ant to subsection (a); and ( 7 ) an assessment of the ability of e x isting medical surveil- lance programs to identify and trac k exposures to toxic sub- stances that result from open-air burn pits, including rec- ommendations for such changes to such programs as would be required to more accurately identify and track such expo- sures . (c) DEFIN I T I O N S . — In this section ( 1 ) T he term ‘ ‘contingency operation ’ ’ has the meaning given that term by section 1 0 1(a)(1 3 ) of title 10, U nited States C ode. ( 2 ) The term ‘‘covered waste’’ includes— (A) ha z ardous waste, as defined by section 1004(5) of the Solid W aste Disposal Act (42 U.S.C. 6 9 03(5)); ( B ) medical waste; and (C) other waste as designated by the Secretary. SEC.318 . MIL I TARY M UN ITI O NS RES P ONSE SITES. (a) INFO RMA TION S H ARIN G .—Section 2710(a)(2)(B) of title 10, United States Code, is amended by inserting ‘‘, including the county, where applicable,’’ after ‘‘political subdivisions of the State’’. (b) M I L ITAR Y M U NITIONS R ES P ONSE P ROGRAM AN D INSTALLA- TION RESTORATION PROGRAM.—As part of the annual budget submis- sion of the Secretary of Defense to Congress, the Secretary shall include the funding levels requested for the Military Munitions Response Program and the Installation Restoration Program. Subti t leC—Workp l ac ea ndD epot Is sues SEC. 3 2 1. PU B LIC - PRI V ATE COMPETITION RE Q UIRE D BE F ORE CONVERSION OF ANY DEPARTMENT OF DEFENSE FUNC- TION PERFORMED BY CIVILIAN EMPLOYEES TO CON- TRACTOR PERFORMANCE. (a) RE Q UIREMENT.—Paragraph (1) of section 2461(a) of title 10, United States Code, is amended— (1) by striking ‘‘A function’’ and inserting ‘‘ N o function’’; (2) by striking ‘‘10 or more’’; and (3) by striking ‘‘may not be converted’’ and inserting ‘‘may be converted’’. (b) E FFE C TI V E DATE.—The amendments made by subsection (a) shall apply with respect to a function for which a public-private competition is commenced on or after the date of the enactment of this Act. 10USC246 1 note.


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 123STA T . 22 5 1 PUBLIC LA W 111 –84—O CT. 28 , 2 0 0 9SEC.32 2. TIM E L IMIT A TI ON ON DUR ATION O FP U B LIC - PRI V ATE COM- PETITIONS. (a)TIMEL IMI TA TI ON.—Section2461 (a) o f tit l e1 0,U nite d State sC ode, as a m ended by section 3 21,isf ur t h er amended by addin g at the end the follo w ing new p aragraph

‘( 5 )( A ) Ex cept as pro v ided in subparagraph ( B ), the duration of a public - private competition conducted pursuant to O ffice of M anagement and Budget Circular A- 7 6 or any other provision of law for any function of the D epartment of Defense performed by Department of Defense civilian employees may not exceed a period of 24 months, commencing on the date on which the prelimi- nary planning for the public-private competition begins and ending on the date on which a performance decision is rendered with respect to the function. ‘‘(B)(i) The Secretary of Defense may specify an alternative period of time for a public-private competition, which may not exceed 33 months, if the Secretary— ‘‘( I ) determines that the competition is of such complexity that it cannot be completed within 24 months and ‘‘(II) submits to Congress, as part of the formal congres- sional notification of a public-private competition pursuant to subsection (c), written notification that explains the basis of such determination. ‘‘(ii) The notification under clause (i)(II) shall also address each of the following: ‘‘(I) Any efforts of the Secretary to brea k up the study geographically or functionally. ‘‘(II) The Secretary ’ s j ustification for undertaking a public- private competition instead of using internal reengineering alternatives. ‘‘(III) The cost savings that the Secretary expects to achieve as a result of the public-private competition. ‘‘(iii) If the Secretary specifies an alternative time period under this subparagraph, the alternative time period shall be binding on the Department in the same manner and to the same extent as the limitation provided in subparagraph (A). ‘‘(C) The time period specified in subparagraph (A) for a public- private competition does not include any day during which the public-private competition is delayed by reason of the filing of a protest before the G overnment Accountability Office or a com- plaint in the United States Court of F ederal Claims up until the day the decision or recommendation of either authority becomes final. In the case of a protest before the Government Accountability Office, the recommendation becomes final after the period of time for filing a re q uest for reconsideration, or if a request for reconsider- ation is filed, on the day the Government Accountability Office issues a decision on the reconsideration. ‘‘(D) If a protest with respect to a public-private competition before the Government Accountability Office or the United States Court of Federal Claims is sustained, and the recommendation is final as described in subparagraph (C), and if such protest and recommendation result in an unforeseen delay in implementing a final performance decision, the Secretary of Defense may termi- nate the public-private competition or extend the period of time specified for the public-private competition under subparagraph (A) or subparagraph (B). If the Secretary decides not to terminate a competition, the Secretary shall submit to Congress written notice Notice. Noti f ic a tio n . D ete rm ination.


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 123STA T . 22 5 2 PUBLIC LA W 111 –84—O CT. 28 , 2 0 0 9ofsuchde c i sio n.A n y such no t ific a tion sha l l include a j ustification fo r the S ecretary ’ s decision and a ne w ti m e limitation for the com p etition , which shall not e x ceed 12 months from the final deci - sion and shall b e bindin g on the D epartment. ‘ ‘ (E)F or the purposes of this paragraph, preliminary planning with respect to a public-pri v ate competition, begins on the date on which the Department of Defense obligates funds for the ac q uisi- tion of contract support, or formally assigns Department of Defense personnel, to carry out any of the following activities ‘‘(i) Determining the scope of the competition. ‘‘(ii) C onducting research to determine the appropriate grouping of functions for the competition. ‘‘(iii) Assessing the availability of wor k load data, quantifi- able outputs of functions, and agency or industry performance standards applicable to the competition. ‘‘(iv) Determining the baseline cost of any function for which the competition is conducted. ‘‘(F) T o effectively establish the date that is the first day of preliminary planning for a public-private competition, the head of a military department shall submit to Congress written notice of such date and shall provide public notice by announcing such date on an appropriate I nternet website. Such date is the first day of preliminary planning for a public-private competition for the purpose of computing the duration of the public private competi- tion for purposes of this section. ‘‘( G ) The Secretary of Defense shall submit to the congressional defense committees an annual report on the use, during the year covered by the report, of alternative time periods for public-private competitions under this section, and the explanations of the Sec- retary for such alternative time periods.’’ (b) E F F ECTIV ED A TE. —P aragraph ( 5 ) of section 2 46 1(a) of title 1 0, U nited States Code, as added by subsection (a), shall apply with respect to a public-private competition covered by such section that is initiated on or after the date of the enactment of this Act. (c) C OMP T R O L LER GE N ERAL R EVIE WS .— N ot later than two years after the date of the enactment of this Act, and three years there- after, the Comptroller General shall submit to the congressional defense committees a report on the use by the Secretary of Defense of the alternative time period authority under section 2461(a)(5)( B ) of title 10, United States Code, and the appropriateness and thoroughness of the explanations of the Secretary for such use. SEC.32 3. POLI C YR E GA R D I N G INS T ALLATION O FM A J OR MODIFICA - TIONS AND U PGRADES. It is the Sense of Congress that no changes should be made to— (1) the policy of the Department of Defense that in the annual allocation of depot-level maintenance and repair required under section 2466 of title 10, United States Code, the installation of major modifications and upgrades are consid- ered to be part of the definition of depot-level maintenance and (2) the interpretation and application of that policy as of the date of the enactment of this Act. Deadlin e s.R e port s. 10USC246 1 note. Deadline. Reports. N oti c e. Pub lic in f or m ation. W eb postin g .


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 123STA T . 22 5 3 PUBLIC LA W 111 –84—O CT. 28 , 2 0 0 9SEC.324 . MODIF IC AT IO N OFA U T H O R IT Y FOR ARMY INDUSTRIA L FACILITIES TO EN G AGE IN COO P ERATI V E ACTIVITIES W ITH NON - ARMY ENTITIES. (a)CLARIF I C A T I ON OF AU T H ORIT Y TO E NT E R I NTO COO P ERATI V E A G REE M ENT S.—Thes e cond sen t ence o f sect i on 45 44(a) of tit l e 10,U nited S tates Code, as added by section 328 (a)(1) of the N ational D efense A u tho r i z ation Act for F iscal Y ear 2008 ( P ublic L a w 110 – 181 122 Stat. 6 6),isa m ended by insertin g after ‘ ‘not more than eight contracts or coo p erati v e agreements ’ ’ the following ‘‘in addi - tion to the contracts and cooperative agreements in place as of the date of the enactment of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181)’’. (b) A D DITIONAL ELEMENTS R E Q UIRED FOR ANALYSIS OF USE OF AUTHORITY.—Section 328(b)(2) of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181; 122 Stat. 6 7 ) is amended— (1) by stri k ing ‘‘a report assessing the advisability’’ and inserting the following: ‘‘a report— ‘‘(A) assessing the advisability’’; and (2) by striking ‘‘pursuant to such authority.’’ and inserting the following: ‘‘pursuant to such authority; ‘‘( B ) assessing the benefit to the Federal G overnment of using such authority; ‘‘(C) assessing the impact of the use of such authority on the availability of facilities needed by the Army and on the private sector; and ‘‘(D) describing the steps taken to comply with the re q uirements under section 4544(g) of title 10, United States Code.’’. SEC. 32 5 . TEMPORARY SUSPENSION OF PU B LIC-PRIVATE COMPETI- TIONS FOR CONVERSION OF DEPARTMENT OF DEFENSE FUNCTIONS TO PERFORMANCE BY A CONTRACTOR. (a) TEMPORARY SUSPENSION.—During the period beginning on the date of the enactment of this Act and ending on the date that is 30 days after the date on which the Secretary of Defense submits to the congressional defense committees the certification required under subsection (d), no study or competition regarding a public-private competition for the conversion to performance by a contractor for any function performed by Department of Defense civilian employees may be begun or announced pursuant to 2461 of title 10, United States Code, or otherwise pursuant to O ffice of M anagement and Budget Circular A-76. (b) REVIE W AND REPORT TO CONGRESS.—During fiscal year 2010, the Secretary of Defense, acting through the Under Secretary of Defense for Personnel Readiness, in consultation with the Under Secretary for Acquisition, Technology, and Logistics and the Comp- troller of the Department of Defense, shall undertake a comprehen- sive review of the policies of the Department of Defense with respect to the conduct of public-private competitions. The Secretary shall submit to the congressional defense committees a report on such review not earlier than J une 15, 2010. The review, at a minimum, shall address— (1) the status of the compliance of the Department with the requirement of 2461(a)(1) of title 10, United States Code, as amended by section 321 of this Act; Timep e r i od.10USC45 44 n o t e.


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 123STA T . 22 54PUBLIC LA W 111 –8 4 —O CT. 28 , 2 0 0 9(2)actions ta ke n by t h e S ec r etary to a d dress iss u es raised in the re p ort o f the D epart m ent of Defense I nspector G enera l numbered D - 2 0 0 9 -0 34 and dated December 15, 200 8; (3) the reliability of systems in effect as of the date of the enactment of this A ct to pro v ide comprehensive and reliable data to track and assess the cost and q uality of the performance of functions that have been sub j ected to a public-private com- petition; (4) the appropriateness of the cost differential in effect as of the date of the enactment of this Act for determinin g the quantifiable costs and the current overhead rates applied w ith respect to such functions; and (5) the adequacy of the policies of the Department of Defense in implementing the requirements of section 24 6 1(a)(4) of title 10, U nited States C ode . (c) C OMPTR O L L E RGE N ER A L R E VI E W . —N ot later than 90 days after the date on which the report required under subsection (b) is submitted to the congressional defense committees, the Comp- troller General shall conduct an assessment of the review required under paragraph (b) and shall submit to the congressional defense committees a report on the findings of such assessment and any conclusions or recommendations of the Comptroller General based on such assessment. (d) CERTI F I C ATION RE QU IRE D .— T he Secretary of Defense shall publish in the F ederal Register and submit to the congressional defense committees certification that— (1) the review required by subsection (b) has been com- pleted, and that the 90-day period during which the assessment of the Comptroller General is to be completed under subsection (c) has e x pired; (2) the Secretary of Defense has completed and submitted to the congressional defense committees a complete inventory of contracts for services for or on behalf of the Department in compliance with the requirements of subsection (c) of section 2330a of title 10, United States Code; (3) the Secretary of each military department and the head of each Defense Agency responsible for activities in the inventory has initiated the review and planning activities of subsection (e) of such section; and (4) the Secretary of Defense has submitted budget informa- tion on contract services in compliance with the requirements of section 236 of title 10, United States Code. SEC.326 . R E QUI RE M E NTFO R D E B RIEFIN G SRE LA TED TO CON V ERSION OF FUNCTIONS FROM P ERFORMANCE B Y FEDERAL EMPLOYEES TO PERFORMANCE BY A CONTRACTOR. The Administrator for Federal P rocurement Policy shall revise the Federal Acquisition Regulation to allow for debriefings of Fed- eral employee representatives designated pursuant to 3551(2)( B ) of title 31, United States Code, to the same extent and under the same circumstances as any offeror, in the case of a conversion of any function from performance by Federal employees to perform- ance by a contractor. Such debriefings will conform to the require- ments of section 2305(b)(6)(A) of title 10, United States Code, section 303B(f) of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 253b(f)), and subparts 15.505 and 15.506 (as 31USC50 1 note.F e d e ralR e gis ter ,pub li c ation. D eadline. A ssess m ent. Reports.


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 123STA T . 22 5 5 PUBLIC LA W 111 –84—O CT. 28 , 2 0 0 9inef fe cto nt h e da te of the enact m ent of thi sA ct ) of the F ede r a l Ac qu isition R e g ulation .SEC.327 . AM E ND MEN T ST OBI D PR OTEST PROCED U RES B YF EDERA L EMPLOYEES AND A G ENCY OFFICIALS IN CON V ERSIONS OF FUNCTIONS FROM PERFORMANCE BY FEDERAL EMPLOYEES TO PERFORMANCE BY A CONTRACTOR. ( a) PROTES T JU R I S D I C TIO N O F T H E C O MP TRO L LER G ENER A L. —S ection 35 5 1 (1) of title 31 ,U nited States Code, is amended by adding at the end the follo w ing new sub p aragraph

‘( E ) Con v ersion of a function that is being performed by Federal employees to private sector performance. ’ ’. (b) ELI G I B ILIT Y TO PROTEST PUBLIC - PRI V ATE COMPETITIONS.— Clause (i) of paragraph ( 2 )( B ) of section 3551 of title 31, United States Code, is amended to read as follows: ‘‘(i) any official who is responsible for submitting the agency tender in such competition and’’. (c) D ECISIONS ON PROTESTS.—Section 355 4 (b) of title 31, United States Code, is amended— (1) by redesignating subparagraphs (C) through (G) as sub- paragraphs (D) through ( H ), respectively; (2) by inserting after subparagraph (B) the following new subparagraph (C): ‘‘(C) cancel the solicitation issued pursuant to the public-private competition conducted under O ffice of M anagement and Budget Circular A –76 or any successor circular;’’; and (3) in subparagraph (G), as redesignated by paragraph (1), by stri k ing ‘‘, and (E)’’ and inserting ‘‘, (E), and (F)’’. (d) APPLICABILITY.— T he amendments made by this section shall apply— (1) to any protest or civil action that relates to a public- private competition conducted after the date of the enactment of this Act under Office of Management and Budget Circular A–76, or any successor circular; and (2) to a decision made after the date of the enactment of this Act to convert a function performed by Federal employees to private sector performance without a competition under Office of Management and Budget Circular A–76. SEC. 32 8 . IMPROVEMENT OF INVENTORY MANAGEMENT PRACTICES. (a) I NVENTORY MANAGEMENT PRACTICES IMPROVEMENT PLAN RE Q UIRED.— N ot later than 27 0 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congres- sional defense committees a comprehensive plan for improving the inventory management systems of the military departments and the Defense L ogistics Agency with the ob j ective of reducing the acquisition and storage of secondary inventory that is e x cess to requirements. (b) ELEMENTS.—The plan under subsection (a) shall include the following: (1) A plan for a comprehensive review of demand-fore- casting procedures to identify and correct any systematic weak- nesses in such procedures, including the development of metrics to identify bias toward over-forecasting and adjust forecasting methods accordingly. (2) A plan to accelerate the efforts of the Department of Defense to achieve total asset visibility, including efforts Deadlin e .10USC2458 n ot e. 3 1 USC 3551 note.


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 123STA T . 22 56PUBLIC LA W 111 –84—O CT. 28 , 2 0 0 9tolinkwh ol esa le an dr etail in v entor y levels thro ug h m ulti - e c helon modeling .(3)Ap lan to reduce the average level o f on-order secondary inventory that is e x cess to re q uirements , including a require- ment for the systemic review of such inventory for possi b le contract termination. ( 4 ) A plan for the review and validation of methods used by the military departments and the D efense L ogistics Agency to establish economic retention requirements. ( 5 ) A plan for an independent review of methods used by the military departments and the Defense Logistics Agency to establish contingency retention requirements. ( 6 ) A plan to identify items stored in secondary inventory that require substantial amounts of storage space and shift such items, where practicable, to direct vendor delivery. ( 7 ) A plan for a comprehensive assessment of inventory items on hand that have no recurring demands, including the development of — (A) metrics to track years of no demand for items in stock and ( B ) procedures for ensuring the systemic review of such items for potential reutili z ation or disposal. ( 8 ) A plan to more aggressively pursue disposal reviews and actions on stocks identified for potential reutilization or disposal. (c) G A OREPORTS .— ( 1 ) ASSESS M E N TO F P LA N.— N ot later than 6 0 days after the date on which the plan required by subsection (a) is sub- mitted as specified in that subsection, the C omptroller General shall submit to the congressional defense committees a report setting forth an assessment of the extent to which the plan meets the requirements of this section. ( 2 ) ASSESSMENT OF I MPLEMENTATION.—Not later than 18 months after the date on which the plan required by subsection (a) is submitted, the Comptroller General shall submit to the congressional defense committees a report setting forth an assessment of the extent to which the plan has been effectively implemented by each military department and by the Defense Logistics Agency. (d) I N V ENTOR YTH AT IS EXC ESS TO RE QU IREMENTS DEFINE D .— In this section, the term ‘ ‘inventory that is excess to requirements ’ ’ means inventory that— (1) is excess to the approved acquisition ob j ective concerned; and (2) is not needed for the purposes of economic retention or contingency retention. SEC.329 . MODIF IC AT IO N OF DATE FO R S UB MITTA L TO CON G RESS OF ANNUAL RE P ORT ON FUNDING FOR PUBLIC AND PRI -V ATE PERFORMANCE OF DEPOT-LEVEL MAINTENANCE AND REPAIR W OR K LOADS. S ection 2466(d)(1) of title 10, U nited States Code, is amended by striking ‘‘April 1 of each year’’ and inserting ‘‘ 9 0 days after the date on which the budget of the P resident for a fiscal year is submitted to Congress pursuant to section 1105 of title 31’’.


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 123STA T . 22 57PUBLIC LA W 111 –84—O CT. 28 , 2 0 0 9Subti t leD—En e rgy Se c urity SEC.3 3 1 . AUTHORIZ ATIO N O F A P PROPRIATIONS FOR D IRECTOR OF OPERATIONA L ENER GY . Oftheamoun t s autho riz e d to b ea p propriated for Operation and M aintenan c e ,D efense -w ide, $5, 0 00,000 is for the Director of Operationa lE ner gyP lans and Programs to carry out the duties prescribed for the Director under section 139 b of title 10, U nited S tates C ode, to be made a v ailable upon the confirmation of an individual to serve as the Director of Operational Energy Plans and Programs . SEC. 33 2 .E X TENSION AND EXPANSION OF REPORTING RE Q UIRE M ENTS REGARDING DEPARTMENT OF DEFENSE ENERGY EFFI - CIENCY PROGRAMS. ( a )NEWR E PORTING RE QU IRE M ENT S . — Section 2 925(a) of title 10, United States Code, is amended— (1) in paragraph (1), by inserting after ‘ ‘(Public L aw 109- 5 8 ), ’ ’ the following ‘‘section 2911(e) of this title, section 533 of the National Energy Conservation Policy A ct( 4 2 U.S.C. 8259b),’’ (2) by redesignating paragraphs (2) through ( 6 ) as para- graphs (4) through (8), respectively; (3) by inserting after paragraph (1) the following new para- graphs (2) and (3): ‘‘(2) A table detailing funding, by account, for all energy pro j ects funded through appropriations. ‘‘(3) A table listing all energy projects financed through third party financing mechanisms (including energy savings performance contracts, enhanced use leases, utility energy service contracts, utility privatization agreements, and other contractual mechanisms), the duration of each such mechanism, an estimate of the financial obligation incurred through the duration of each such mechanism, and the estimated paybac k period for each such mechanism.’’; and (4) by adding at the end the following new paragraphs: ‘‘(9) A description of steps taken to determine best practices for measuring energy consumption in Department of Defense facilities and installations, in order to use the data for better energy management. ‘‘(10) A description of any other issues and strategies the Secretary determines relevant to a comprehensive and renew- able energy policy.’’. (b) A D DITION AL MATERIAL REQUIRED F OR F IRST E X PANDED REPORT.— T he first report submitted by the Secretary of Defense under section 2925(a) of title 10, United States Code, as amended by subsection (a), after the date of the enactment of this Act shall include, in addition to the matters re q uired under such section, as so amended, the following: (1) A determination of whether the tools that e x ist as of the date of the enactment of this Act, including the Energy Conservation I nvestment Program and the Energy Savings Performance Contracts Program, are sufficient to support renewable energy projects to achieve the Department’s installa- tion energy goals, or if new funding mechanisms would be beneficial. Det e rmina ti o n .


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 123STA T . 22 58PUBLIC LA W 111 – 8 4—O CT. 28 , 2 0 0 9(2)Adet e rmina ti o no f t h e c o s t and feasi b i l it y ofa p olicy that w o u ld re q uire new power g eneration pro j ects established on installations to be able to switch to pro v ide power for mili - tary operations in the event of a commercial grid outage . ( 3 ) An assessment of the e x tent to which S tate and regional laws and regulations and mar k et structures provide opportuni- ties or obstacles to establish renewable energy projects on mili- tary installations. ( 4 ) A determination of the cost and feasibility of developing or acquiring equipment or systems that would result in maxi- mi z ed use of renewable energy sources at contingency locations. ( 5 ) An assessment of the feasibility of meeting the D epart- ment ’ s renewable energy goals with on-base renewable energy production rather than with renewable energy credits. ( 6 ) An analysis of the percentage of new construction projects subject to the Department’s current building construc- tion sustainable design standards ( L eadership in E nergy and Environmental Design standards) that include a renewable energy component , and a determination as to whether the criteria of the Department’s design standards, as in effect on the date of the enactment of this Act, are consistent with the overall goals, including renewable energy goals, of the Sec- retary. ( 7 ) T he feasibility and cost of developing net-zero energy installations and a detailed assessment, by installation, of power production (including renewable energy) measured against energy consumption. ( 8 ) A determination of whether a dedicated funding mecha- nism for renewable energy projects for stand-alone facilities, including N ational G uard and R eserve centers, would encourage greater use of renewable energy sources both at existing facili- ties and in new construction. (c) COMPTR O L L E RGE N ER A LRE VI E W . — Not later than 1 8 0 days after the date on which the Secretary of Defense submits the supplemental report required under subsection (b), the Comptroller General shall review the supplemental report and submit to Con- gress a report on such review. The Comptroller General may conduct such independent analysis of any issues covered by such supple- mental report, as necessary in furtherance of the requirements of this section. SEC.3 33. R E PO R T O NIM P L EMENT A TION O F COMPTROLLER G ENERAL RECOMMEN D ATIONS ON F U EL DEMAND MANAGEMENT AT FOR W ARD - DEPLO Y ED LOCATIONS. Not later than F ebruary 1, 2010, the Director of O perational Energy P lans and Programs of the Department of Defense (or, in the event that no individual has been confirmed as the Director, the Secretary of Defense) shall submit to the Committees on Armed Services of the Senate and H ouse of Representatives a report on any specific actions that have been taken to implement the following three recommendations made by the Comptroller General (1) The recommendation that each of the combatant com- manders establish requirements for managing fuel demand at forward-deployed locations within their respective areas of responsibility. (2) The recommendation that the head of each military department develop guidance to implement such requirements.


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 123STA T . 22 59PUBLIC LA W 111 –84—O CT. 28 , 2 0 09 (3)Ther e com me ndati on that the C hairman o f the J oint Chief s of S taff re qu ire that fue l demand considerations b e incor p orated into the Joint Staff ’ s initiati v e to develop j oint standards of life support at for w ard - deplo y ed locations .SEC.3 3 4 . R E PO R T O NU SEO F RENE WABL E FUELS TO M EET ENER GY RE Q U I REMENTS OF D EPARTMENT OF DEFENSE. N ot later than F ebruary 1,20 10, the Secretary of D efense shall submit to the Committees on A rmed Services of the Senate and H ouse of R epresentatives a report on the use and potential use of renewable fuels in meetin g the energy requirements of the Department of Defense. Such report shall include each of the fol- lowing (1) An assessment of the use of renewable fuels, including domestically produced algae-based, biodiesel, and biomass- derived fuels, as alternative fuels in aviation, maritime, and ground transportation fleets (including tactical vehicles and applications). Such assessment shall include technical, logistical, and policy considerations. (2) An assessment of whether it would be beneficial to establish a renewable fuel commodity class that is distinct from petroleum-based products. SEC. 33 5 . ENERGY SECURITY ON DEPARTMENT OF DEFENSE INSTALLA - TIONS. (a) PLANFORE N E R GY SE CU R IT YRE Q UIRE D . — (1) I N GENERAL.—Not later than 1 8 0 days after the date of the enactment of this Act, the Secretary of Defense shall develop a plan for identifying and addressing areas in which the electricity needed to carry out critical military missions on Department of Defense installations is vulnerable to disrup- tion. (2) ELE M ENT S .—The plan developed under paragraph (1) shall include, at a minimum, the following: (A) An identification of the areas of vulnerability as described in paragraph (1), and an identification of prior- ities in addressing such areas of vulnerability. ( B ) A schedule for the actions to be ta k en by the Department to address such areas of vulnerability. (C) A strategy for working with other public or private sector entities to address such areas of vulnerability that are beyond the control of the Department. (D) An estimate of and consideration for the costs to the Department associated with implementation of the strategy. (b) W OR K WIT H NON-DE P ARTMENT OF DEFENSE ENTITIES.— The Secretary of Defense shall work with other Federal entities, and with State and local government entities, to develop any regula- tions or other mechanisms needed to require or encourage actions to address areas of vulnerability identified pursuant to the plan developed under subsection (a) that are beyond the control of the Department of Defense. Deadlin e .10USC29 11 n ot e.


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 123STA T . 22 60PUBLIC LA W 111 –84—O CT. 28 , 200 9Subti t leE—R e por t sSEC.341 . AN N U A LR E PO R T ON PROCURE M ENT O F M I LITAR YW OR K IN GD OGS. Section358 o f t h e Du nc a n H unte rN ationa l Defen s e A uthori z a - tion Act for F iscal Y ear 20 0 9(P u b lic L a w1 10 –4 1 7; 122 Stat . 4427; 10 U .S. C . 2302 note ) isa m en d ed — (1) b y redesi g nating subsection (c) as subsection (d); and (2) by inserting after subsection (b) the following new sub- section (c)

‘(c) A N N UALREPORT .—Not later than 90 days after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2010 , and annually thereafter for each of the following fi v e years, the Secretary, acting through the Ex ecutive Agent, shall submit to the congressional defense committees a re p ort on the procurement of military wor k ing dogs for the fiscal year preceding the fiscal year during which the report is submitted. Such a report may be combined with the report re q uired under section 2583(f) of title 10, United States Code, for the same fiscal year as the fiscal year covered by the report under this subsection. Each report under this subsection shall include the following for the fiscal year covered by the report: ‘‘(1) T he number of military working dogs procured, by source, by each military department or Defense Agency. ‘‘(2) The cost of procuring military working dogs incurred by each military department or Defense Agency. ‘‘(3) An explanation for any significant difference in the cost of procuring military working dogs from different sources. ’ ’. SEC. 34 2 . PLAN FOR MANAGING V EGETATIVE ENCROAC H MENT AT TRAINING RANGES. Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report that includes the following: (1) An assessment of the extent to which vegetation and overgrowth limits the use of military lands available for training of the Armed Forces in the United States and overseas. (2) An identification of the particular installations and training areas at which vegetation and overgrowth negatively impact the use of training space. (3) A plan to address training constraints caused by vegeta- tion and overgrowth. SEC. 343. COMPTROLLER GENERAL REPORT ON THE SUSTAINMENT STRATEGY FOR THE AV -8B HARRIER AIRCRAFT. (a) REPORT RE Q U I RE D .—Not later than 180 days after the date of the enactment of this Act, the Comptroller G eneral shall submit to the congressional defense committees a report on the sustainment strategy for the A V -8 B Harrier aircraft. (b) M ATTER S CO V ERED.—The report under subsection (a) shall include, at a minimum, each of the following: (1) An assessment of the AV-8B I ntegrated Maintenance Concept, including the acquisition strategy developed to conduct planned maintenance interval events. (2) An evaluation of the process and criteria established to determine the assignment of non-core workload. Reports.


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 123STA T . 22 6 1 PUBLIC LA W 111 –84—O CT. 28 , 2 0 0 9(3)Anexami na t i o no f t h e r o l eofthe s in g le p ro c ess o w ner in d istri bu tion of non - core wor k load , standardi z ation of work- load processes, facilitation of public-pri v ate partnering, implementation of lessons learned, and execution of contracting authorit y. ( 4 ) An evaluation of the execution of responsibilities by the single process owner to reduce planned maintenance interval turn-around time, to reduce cost, to improve material availability, and to ensure necessary logistics and engineering functions are in place to meet ob j ective goals. SEC.34 4.S TUDYONARM Y MODU L AR I TY. (a) STUDY . — ( 1 ) INGE NE RAL .— N ot later than 3 0 days after the date of the enactment of this Act, the Secretary of D efense shall enter into a contract with a F ederally Funded R esearch and Development C enter for the conduct of a study on the current and planned modularity structures of the Army to determine each of the following (A) T he operational capability of the Army to execute the core mission of the Army to contribute land power to joint operations. ( B ) The ability to manage the flexibility and versatility of Army forces across the range of military operations. (C) The tactical, operational, and strategic risk associ- ated with the heavy, medium, and light modular combat brigades and functional support and sustainment brigades. (D) The re q uired and planned end strength for the Army. ( 2 )FA C T O R S TO CONS I DER.—The study required under sub- section (a) shall take into consideration the following factors: (A) The historical experience of the Army with separate brigade structures. (B) The original Army analysis or other relevant anal- yses, including explicit or implicit assumptions, upon which the modular brigade combat team, functional support and sustainment brigades, and higher headquarters ’ designs were based. (C) Subsequent analysis that confirmed or modified the original designs. (D) L essons learned from O peration Iraqi Freedom and Operation E nduring Freedom, including an identification and analysis of how modular brigades or formations were task organized and employed that may have differed from the original modular concept and how that confirmed or modified the original designs. (E) Improvements the Army has made or is imple- menting in brigade and headquarters designs. (F) The deployability, employability, and sustainability of modular formations compared to the corresponding pre- modular designs of such formations. (3) ACCESS TO IN F OR M ATION.—The Secretary of Defense and the Secretary of the Army shall ensure that the Federally Funded Research and Development Center conducting the study required under subsection (a) has access to all necessary data, records, analysis, personnel, and other resources nec- essary to complete the study. Contrac t s.


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 123STA T . 22 6 2 PUBLIC LA W 111 –84—O CT. 28 , 2 0 0 9(b)REPORT.— ( 1 ) ING ENER AL .— Notla t er t h a nD e c e m ber 3 1 ,20 10, the S ecretar y o f Defen s e shall s u bm i ttothecon g ressional d efense committees a re p ort containing— ( A ) the results of the study conducted under subsection (a), together w ith the comments of the Secretary of Defense on the findings contained in the study and ( B ) the separate and independent comments of the Secretary of the Army on the findings contained in the study. (2) C LA S S IF IE D ANNE X .— T he report shall be in unclassified form, but may contain a classified anne x . Subti t leF—O t h e rMa tter sSEC.351 . AUTHORI T YF OR AIR L IFT TRA N S P ORTATION AT D EPART -M ENT OF DEFENSE RATES FOR NON-DEPARTMENT OF DEFENSE FEDERAL CAR G OES. (a) IN G ENERAL.—Section 2 64 2(a) of title 10, U nited States Code, is amended by adding at the end the following new paragraph

‘(3) During the fi v e - year period beginning on the date of the enactment of the National Defense Authori z ation Act for F iscal Y ear 2010, for military airlift services provided to any element of the Federal Government outside the Department of Defense in circumstances other than those specified in para- graphs (1) and (2), but only if the Secretary of Defense deter- mines that the provision of such services will promote the improved use of airlift capacity without any negative effect on the national security ob j ectives or the national security interests contained within the United States commercial air industry. ’ ’. (b) ANN U AL REPORT.—Not later than M arch 1 of each year for which the paragraph (3) of section 2642(a) of title 10, United States Code, as added by subsection (a), is in effect, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and H ouse of Representatives an annual report describing, in detail, the Secretary’s use of the authority under that paragraph, including— (1) how the authority was used; (2) the fre q uency with which the authority was used; (3) the Secretary’s rationale for the use of the authority; and (4) for which agencies the authority was used. SEC. 35 2 . POLICY ON GROUND COM B AT AND CAMOUFLAGE UTILITY UNIFORMS. (a) E STA B LIS HM ENT OF P OLI CY .—It is the policy of the United States that the design and fielding of all future ground combat and camouflage utility uniforms of the Armed Forces may uniquely reflect the identity of the individual military services, as long as such ground combat and camouflage utility uniforms, to the max- imum extent practicable— (1) provide members of every military service an equivalent level of performance, functionality, and protection commensu- rate with their respective assigned combat missions; 10USC7 71 notepr e c.Tim e perio d .


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 123STA T . 22 6 3 PUBLIC LA W 111 –84—O CT. 28 , 2 0 0 9(2)min imi zer i skto t h ein d i v id ual soldier , sailor, airman, or marine o p eratin g in the j oint b attlespa c e and ( 3 ) provide interoperabilit yw ith other components o f indi - vidual war fighter systems, including body armor and other individual protective systems . (b) COMPTR O L L E R G E N ER A L AS SESSMENT. —T he Comptroller General shall conduct an assessment of the ground combat uniforms and camouflage utility uniforms currently in use in the D epartment of Defense. The assessment shall e x amine, at a minimum, each of the following ( 1 ) The overall performance of each uniform in various anticipated combat environments and theaters of operations. (2) W hether the uniform design of each uniform conforms ade q uately and is interoperable with currently issued personal protective gear and body armor. (3) Costs associated with the design, development, produc- tion, procurement, and fielding of existing service-specific ground combat and camouflage utility uniforms. ( 4 ) Challenges and risks associated with fielding members of the Armed F orces into combat theaters in unique or service- specific ground combat or camouflage utility uniforms, including the tactical risk to the individuals serving in individual augmentee, in-lieu of force, or joint duty assignments of use of different ground combat uniforms in a combat environment. ( 5 ) I mplications of the use of patents and other proprietary measures that may preclude sharing of technology, advanced uniform design, camouflage techniques, and fire retardence. ( 6 ) L ogistical requirements to field and support forces in varying combat or utility uniforms. (c) R EPORT RE QUI RE D .— N ot later than 1 80 days after the date of the enactment of this Act, the Comptroller General shall submit to the congressional defense committees the results of the assess- ment conducted under subsection (b). (d) REQUIREMENT F OR J OINT CRITERIA.—In support of the policy established in subsection (a), the S ecretaries of the military depart- ments, consistent with the authority set out in subtitles B ,C, and D of title 10, U nited States Code, shall establish joint criteria for future ground combat uniforms by not later than 2 7 0 days after the Comptroller General submits the report required under subsection (c). The joint criteria shall take into account the findings and recommendations of such report and ensure that new tech- nologies, advanced materials, and other advances in ground combat uniform design may be shared between the military services and are not precluded from being adapted for use by any military service due to military service-unique proprietary arrangements. SEC.35 3.C ONDIT ION -BA SED M AINTENANCE DEMONST R ATION P RO- G RAMS. (a) TA C TICAL W H EELED V EHICLES P RO G RAM.—The Secretary of the Army may conduct a 12-month condition-based maintenance demonstration program on selected vehicle systems that include on-board diagnostic systems suitable to such a demonstration pro- gram. (b) SURFACE COM B ATANT SHIP PROGRAM.—The Secretary of the Navy may conduct a 12-month demonstration program on selected systems or components of surface combatant ships that include Deadlin e .


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 123STA T . 22 64PUBLIC LA W 111 –8 4 —O CT. 28 , 2 0 0 9integrald iagn os ti c s y ste m ss u ita b le to suc h a demonstration p ro - gram .( c )IS S UE S TOB E AD D R ESSED. —T he demonstration programs described in subsections (a) and (b) shall address ,w ith respect to each v ehicle, system, or component f or which the program is conducted— ( 1 )thetop1 0 maintenance issues ( 2 ) non-evidence of failures; and ( 3 ) the pro j ected return on investment analysis for a 10- year period. (d) OP E N AR CHI TECTURE.—The design, system integration, and operations of the demonstration programs described in subsections (a) and (b) shall be conducted with an open architecture designed to— (1) facilitate interface with industry standard computer languages, common software systems, diagnostics tools, ref- erence models, diagnostics reasoners, electronic libraries, and user interfaces for multiple ship and vehicle types; and (2) promote competition and ensure the best overall value to the D epartment of Defense. (e) R EPORT.— N ot later than October 1, 2010, the S ecretary of the Army and the Secretary of the Navy shall jointly submit to the congressional defense committees a report containing the assessments of each of the Secretaries with respect to whether the respective military department could reduce maintenance costs and improve operational readiness by implementing condition-based maintenance for the current and future tactical wheeled vehicle fleets and Navy surface combatants. SEC.354 .E XT E N S IO NO FAR SENA L S UP PORT PRO G RA M INITIATI V E. Section 3 4 3ofthe F loyd D. Spence National Defense Authori z a- tion Act for Fiscal Y ear 2001 (10 U .S. C . 4 5 51 note), as amended by section 341 of the National Defense Authorization Act for Fiscal Year 200 8 ( P ublic L aw 110 – 181; 122 Stat. 69 ), is further amended— (1) in subsection (a), by stri k ing ‘ ‘2010 ’ ’ and inserting ‘‘2011’’; and (2) in subsection (g)(1), by striking ‘‘2010’’ and inserting ‘‘2011’’. TI T LE I V—M ILIT ARYP ER SON NEL A U T H ORI Z ATIONS Subti t leA— A c ti v e For ce s Sec .401 . End stren g t h s f or a ctive forces. Sec. 40 2 . R evision in p er m anent active dut y end strength minimum levels. Sec. 40 3 . Additional authority for increases of Army active - duty end strengths for fiscal years 2011 and 2012. Subtitle B —Reserve Forces Sec. 411. End strengths for Selected Reserve. Sec. 412. End strengths for Reserves on active duty in support of the Reserves. Sec. 413. End strengths for military technicians ( dual status ) . Sec. 414. Fiscal year 2010 limitation on number of non-dual status technicians. Sec. 41 5 . M a x imum number of reserve personnel authori z ed to be on active duty for operational support. Sec. 41 6 . Submittal of options for creation of T rainees , Transients, H oldees, and Students account for the Army N ational G uard. Sec. 41 7 . Report on re q uirements of the National Guard for non-dual status techni- cians.


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 123STA T . 22 65PUBLIC LA W 111 –84—O CT. 28 , 2 0 0 9Sec.418 . Expansio no f a uth o r it y of Secretaries of the m i l itary d epartments to in - crease certain end stren g ths to include Selected R eser v e end strengths. Su b title C—A uthori z ation of Appropriations Sec. 4 2 1. M ilitary personnel. Sec. 422. Repeal of delayed one-time shift of military retirement payments. Subti t leA— A c ti v e For ce sSEC.401 .E ND S TR EN G T H S FO R A CT IV E FORCES. TheArm e dFo r c e sa rea ut hor iz ed stre ng ths f or acti v e dut yp ersonne l as of S eptem b er 30,2 0 1 0, as follo w s

1 ) The Army, 56 2, 4 00 . (2) The N avy, 32 8 ,800. (3) The M arine C orps, 202,100. (4) The Air Force, 331, 7 00. SEC. 40 2 . REVISION IN P ER M ANENT ACTIVE D U T Y END STRENGTH MINIMUM L EVELS. Section 6 9 1(b) of title 10, U nited States Code, is amended by stri k ing paragraphs (1) through (4) and inserting the following new paragraphs: ‘ ‘(1) For the Army, 547,400. ‘‘(2) For the Navy, 328,800. ‘‘(3) For the Marine Corps, 202,100. ‘‘(4) For the Air Force, 331,700. ’ ’. SEC. 40 3 . ADDITIONAL AUTHORITY FOR INCREASES OF ARMY ACTIVE - DUTY END STRENGTHS FOR FISCAL YEARS 2011 AND 2012. (a) A UTHORI T Y TO INC R EAS EAR M Y ACTI V E -D UTY E ND STREN G THS. — (1) AUTHORITY.—For each of fiscal years 2011 and 2012, the Secretary of D efense may, as the Secretary determines necessary for the purposes specified in paragraph (2), establish the active-duty end strength for the Army at a number greater than the number otherwise authorized by law up to the number e q ual to the fiscal-year 2010 baseline plus 30,000. (2) P UR P OSE O F INCREASES.—The purposes for which increases may be made in Army active-duty end strengths under paragraph (1) are— (A) to support operational missions and ( B ) to achieve reorganizational ob j ectives, including increased unit manning, force stabilization and shaping, and supporting wounded warriors. (3) FISCA L -YEAR 201 0 B ASELINE.—In this subsection, the term ‘‘fiscal-year 2010 baseline’’, means the active-duty end strength authorized for the Army in section 401(1). (4) ACTIVE-DUTY END STRENGTH.—In this subsection, the term ‘‘active-duty end strength’’ means the strength for active- duty personnel of one the Armed Forces as of the last day of a fiscal year. (b) R ELATIONSHIP TO PRESIDENTIAL W AIVER AUTHORITY.— Nothing in this section shall be construed to limit the President’s authority under section 123a of title 10, United States Code, to waive any statutory end strength in a time of war or national emergency. (c) RELATIONSHIP TO O THER V ARIANCE AUTHORITY.—The authority under subsection (a) is in addition to the authority to


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 123STA T . 22 6 6 PUBLIC LA W 111 –84—O CT. 28 , 2 0 0 9vary a utho r ized e n d s tren g ths that is p rovided in su b se c tions ( e ) and ( f ) of section 1 1 5 of tit l e1 0,U nited S tates C ode . (d) BUDGETTR E A T M E N T. —I f the Secretary of D efense deter -m ines under subsection (a) that an increase in the A rmy active- duty end strength for a fiscal year is necessary, then the budget for the Department of Defense for that fiscal year as submitted to the P resident shall include the amounts necessary for funding that active-duty end strength in e x cess of the fiscal year 2 010 active-duty end strength authorized for the Army under section 4 01(1). Subti t leB—R e s e rv e Fo r c es SEC.41 1.E ND S TR EN G T H S FO RSE L ECTED RESER V E. (a) IN G ENERA L .—The Armed F orces are authorized strengths for Selected R eserve personnel of the reserve components as of September 3 0, 2010, as follo w s (1) The Army N ational Guard of the United States, 35 8 ,200. (2) The Army Reserve, 205,000. (3) The Navy Reserve, 6 5,500. (4) The M arine Corps Reserve, 3 9 ,600. (5) The Air National Guard of the United States, 106, 7 00. (6) The Air Force Reserve, 69,500. (7) The Coast Guard Reserve, 10,000. (b) E ND STRENGT H REDU C T IO N S .—The end strengths prescribed by subsection (a) for the Selected Reserve of any reserve component shall be proportionately reduced by— (1) the total authorized strength of units organized to serve as units of the Selected Reserve of such component which are on active duty (other than for training) at the end of the fiscal year and (2) the total number of individual members not in units organized to serve as units of the Selected Reserve of such component who are on active duty (other than for training or for unsatisfactory participation in training) without their consent at the end of the fiscal year. (c) END STRENGTH INCREASES.— W henever units or individual members of the Selected Reserve of any reserve component are released from active duty during any fiscal year, the end strength prescribed for such fiscal year for the Selected Reserve of such reserve component shall be increased proportionately by the total authorized strengths of such units and by the total number of such individual members. SEC. 41 2 . END STRENGTHS FOR RESERVES ON A CT I VED U T Y IN SU P- PORT OF THE RESERVES. Within the end strengths prescribed in section 411(a), the reserve components of the Armed Forces are authorized, as of September 30, 2010, the following number of Reserves to be serving on full-time active duty or full-time duty, in the case of members of the National Guard, for the purpose of organizing, administering, recruiting, instructing, or training the reserve components: (1) The Army National Guard of the United States, 32,060. (2) The Army Reserve, 16,261. (3) The Navy Reserve, 10,818. (4) The Marine Corps Reserve, 2,261.


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 123STA T . 22 67PUBLIC LA W 111 –84—O CT. 28 , 2 0 0 9(5)TheAirNat i on a lGu ar d o f the U nited S tate s,14 ,555 . ( 6 ) The Air F or c e R eser v e, 2, 89 6. SEC.413 . E ND S TR EN G T H S FO R MIL IT A R Y TECHNICIANS ( D U AL STATUS ) . The m inimum num b er of militar y technicians (dual status) as of the last day of fiscal year 2 0 10 for the reserve com p onents of the Army and the Air Force (not w ithstandin g section 129 of title 10, United States C ode) shall be the following (1) For the Army Reserve, 8, 3 95. (2) For the Army National Guard of the United States, 2 7 ,210. (3) For the Air Force Reserve, 10,417. (4) For the Air National Guard of the United States, 22,313. SEC. 414. FISCAL YEAR 20 10 LIMITATION ON NUM B ER OF NON - DUAL STATUS TECHNICIANS. (a) LIM I TA TI ONS . — (1) NATIONA LGU A RD .— W ithin the limitation provided in section 10217(c)(2) of title 10, United States Code, the number of non - dual status technicians employed by the National Guard as of September 30, 2010, may not e x ceed the following: (A) For the Army National Guard of the United States, 1,600. ( B ) For the Air National Guard of the United States, 350. (2) ARM Y R E SER V E.—The number of non-dual status techni- cians employed by the Army Reserve as of September 30, 2010, may not exceed 595. (3) AIR F OR C E RESERVE.—The number of non-dual status technicians employed by the Air Force Reserve as of September 30, 2010, may not exceed 90. (b) NON- D UAL STATUS TEC H NICIANS DEFINED.— I n this section, the term ‘ ‘non-dual status technician ’ ’ has the meaning given that term in section 10217(a) of title 10, United States Code. SEC. 41 5 .MA X IMUM NUMBER OF RESER V E P ERSONNEL AUTHORI Z ED TO BE ON ACTIVE DUTY FOR OPERATIONAL SUPPORT. During fiscal year 2010, the maximum number of members of the reserve components of the Armed Forces who may be serving at any time on full-time operational support duty under section 115(b) of title 10, United States Code, is the following: (1) The Army National Guard of the United States, 17,000. (2) The Army Reserve, 13,000. (3) The Navy Reserve, 6,200. (4) The M arine Corps Reserve, 3,000. (5) The Air National Guard of the United States, 16,000. (6) The Air Force Reserve, 14,000. SEC. 41 6 . SUBMITTAL OF OPTIONS FOR CREATION OF TRAINEES , TRAN- SIENTS, HOLDEES, AND STUDENTS ACCOUNT FOR THE ARMY NATIONAL GUARD. (a) RE P ORT RE Q UIRED.—Not later than 180 days after the date of the enactment of this Act, the Secretary of the Army shall submit to the congressional defense committees a report evaluating options, and including a recommendation, for the creation of a Trainees, Transients, H oldees, and Students Account within the Army National Guard.


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 123STA T . 22 68PUBLIC 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 address , ata m inimum, the f ollo w in g: ( 1 ) The timelines, cost, force structure changes, and end strength changes associated with each option specified in the report. ( 2 ) The force structure and end strength changes and growth of the A rmy N ational G uard needed to support the account referred to in subsection (a). ( 3 ) An assessment of how the creation of such an account may affect plans under the Grow the F orce initiati v e. ( 4 ) An assessment of the impact of such an account on readiness and training ratings for Army National Guard forces. SEC.417 . R E PO R T O N RE QUI RE M ENTS O F T H EN A TIONA LG UAR D FOR NON - DUAL STATUS TECHNICIANS. (a) R E POR TRE QUI RE D .—Not later than 1 80 days after the date of the enactment of this Act, the S ecretary of D efense shall submit to the C ommittees on Armed Services of the Senate and H ouse of Representatives a report setting forth the following: (1) A description of the types of duties performed for the National Guard by non - dual status technicians. (2) A description of the current requirements of the National Guard for non-dual status technicians. (3) A description of various means of addressing any short- falls in meeting such requirements, including both temporary shortfalls and permanent shortfalls. (4) A description of the demands of the National Guard for non-dual status technicians under the current operational tempo, and a description of the current and anticipated demands of the National Guard for non-dual status technicians as a result of the National Guard moving from a reserve force to an operational force. ( 5 ) An assessment whether an increase in the limit on the number of non-dual status technicians for the National Guard is advisable. ( 6 ) Such specific recommendations, including recommenda- tions for legislative action, as the Secretary of Defense considers appropriate regarding future requirements and numbers of non- dual status technicians that are required to manage and sup- port the National Guard. (b) CONSIDER A TIONS.—The report required by subsection (a) shall ta k e into consideration the effects of the mobili z ation of large numbers of National Guard military technicians (dual status) on the readiness of National Guard units in critically important areas and on the capacity of the National Guard to continue performing home-based missions and responsibilities for the States. SEC. 41 8 .E X PANSION OF AUTHORIT Y OF SECRETARIES OF THE MILI- TARY DEPARTMENTS TO INCREASE CERTAIN END STRENGTHS TO INCLUDE SELECTED RESER V E END STRENGTHS. Subsection (g) of section 115 of title 10, U nited States Code, is amended to read as follows: ‘ ‘(g) AUT H ORIT YF OR SER V I C E SECRETARY V ARIANCES FOR ACTIVE-DUTY AND SELECTED RESERVE END STREN G THS.—(1) Upon determination by the Secretary of a military department that such action would enhance manning and readiness in essential units or in critical specialties or ratings, the Secretary may—