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[111th Congress Public Law 84]
[From the U.S. Government Printing Office]

[[Page 2189]]

         NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2010

[[Page 123 STAT. 2190]]

Public Law 111-84
111th Congress

                                 An Act

 
To authorize appropriations for fiscal year 2010 for military activities 
                                 of the 
   Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes. <<NOTE: Oct. 28, 
                         2009 -  [H.R. 2647]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress <<NOTE: National Defense 
Authorization Act for Fiscal Year 2010.>> assembled,
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``National Defense Authorization Act 
for Fiscal Year 2010''.
SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF CONTENTS.

    (a) Divisions.--This Act is organized into five divisions as 
follows:
            (1) Division A--Department of Defense Authorizations.
            (2) Division B--Military Construction Authorizations.
            (3) Division C--Department of Energy National Security 
        Authorizations and Other Authorizations.
            (4) Division D--Funding tables.
            (5) Division E--Matthew Shepard and James Byrd, Jr. Hate 
        Crimes Prevention Act

    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title.
Sec. 2. Organization of Act into divisions; table of contents.
Sec. 3. Congressional defense committees.

            DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS

                          TITLE I--PROCUREMENT

               Subtitle A--Authorization of Appropriations

Sec. 101. Army.
Sec. 102. Navy and Marine Corps.
Sec. 103. Air Force.
Sec. 104. Defense-wide activities.
Sec. 105. National Guard and Reserve equipment.
Sec. 106. Mine Resistant Ambush Protected Vehicle Fund.
Sec. 107. Relation to funding table.

                        Subtitle B--Army Programs

Sec. 111. Procurement of Future Combat Systems spin out early-infantry 
           brigade combat team equipment.

                        Subtitle C--Navy Programs

Sec. 121. Littoral Combat Ship program.
Sec. 122. Treatment of Littoral Combat Ship program as a major defense 
           acquisition program.
Sec. 123. Report on strategic plan for homeporting the Littoral Combat 
           Ship.

[[Page 123 STAT. 2191]]

Sec. 124. Advance procurement funding.
Sec. 125. Procurement programs for future naval surface combatants.
Sec. 126. Ford-class aircraft carrier report.
Sec. 127. Report on a service life extension program for Oliver Hazard 
           Perry class frigates.
Sec. 128. Conditional multiyear procurement authority for F/A-18E, F/A-
           18F, or EA-18G aircraft.

                     Subtitle D--Air Force Programs

Sec. 131. Report on the procurement of 4.5 generation fighter aircraft.
Sec. 132. Revised availability of certain funds available for the F-22A 
           fighter aircraft.
Sec. 133. Preservation and storage of unique tooling for F-22 fighter 
           aircraft.
Sec. 134. AC-130 gunships.
Sec. 135. Report on E-8C Joint Surveillance and Target Attack Radar 
           System re-engining.
Sec. 136. Repeal of requirement to maintain certain retired C-130E 
           aircraft.
Sec. 137. Limitation on retirement of C-5 aircraft.
Sec. 138. Reports on strategic airlift aircraft.
Sec. 139. Strategic airlift force structure.

               Subtitle E--Joint and Multiservice Matters

Sec. 141. Body armor procurement.
Sec. 142. Unmanned cargo-carrying-capable aerial vehicles.
Sec. 143. Modification of nature of data link for use by tactical 
           unmanned aerial vehicles.

          TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

               Subtitle A--Authorization of Appropriations

Sec. 201. Authorization of appropriations.
Sec. 202. Relation to funding table.

     Subtitle B--Program Requirements, Restrictions, and Limitations

Sec. 211. Extension and enhancement of Global Research Watch Program.
Sec. 212. Permanent authority for the Joint Defense Manufacturing 
           Technology Panel.
Sec. 213. Elimination of report requirements regarding Defense Science 
           and Technology Program.
Sec. 214. Authorization for the Secretary of the Navy to purchase 
           infrastructure and Government purpose rights license 
           associated with the Navy-Marine Corps intranet.
Sec. 215. Limitation on expenditure of funds for Joint Multi-Mission 
           Submersible program.
Sec. 216. Separate program elements required for research and 
           development of individual body armor and associated 
           components.
Sec. 217. Separate procurement and research, development, test, and 
           evaluation line items and program elements for the F-35B and 
           F-35C joint strike fighter aircraft.
Sec. 218. Restriction on obligation of funds for Army tactical ground 
           network program pending receipt of report.
Sec. 219. Programs for ground combat vehicle and self-propelled howitzer 
           capabilities for the Army.
Sec. 220. Guidance on budget justification materials describing funding 
           requested for operation, sustainment, modernization, and 
           personnel of major ranges and test facilities.
Sec. 221. Assessment of technological maturity and integration risk of 
           Army modernization programs.
Sec. 222. Assessment of activities for technology modernization of the 
           combat vehicle and armored tactical wheeled vehicle fleets.

                  Subtitle C--Missile Defense Programs

Sec. 231. Sense of Congress on ballistic missile defense.
Sec. 232. Assessment and plan for the Ground-based Midcourse Defense 
           element of the Ballistic Missile Defense System.
Sec. 233. Continued production of Ground-based Interceptor missile and 
           operation of Missile Field 1 at Fort Greely, Alaska.
Sec. 234. Limitation on availability of funds for acquisition or 
           deployment of missile defenses in Europe.
Sec. 235. Authorization of funds for development and deployment of 
           alternative missile defense systems in Europe.

[[Page 123 STAT. 2192]]

Sec. 236. Comprehensive plan for test and evaluation of the ballistic 
           missile defense system.
Sec. 237. Study on discrimination capabilities of ballistic missile 
           defense system.
Sec. 238. Ascent phase missile defense strategy and plan.
Sec. 239. Extension of deadline for study on boost-phase missile 
           defense.

                           Subtitle D--Reports

Sec. 241. Repeal of requirement for biennial joint warfighting science 
           and technology plan.
Sec. 242. Modification of reporting requirement for defense 
           nanotechnology research and development program.
Sec. 243. Comptroller General assessment of coordination of energy 
           storage device requirements, purchases, and investments.
Sec. 244. Annual Comptroller General report on the F-35 Lightning II 
           aircraft acquisition program.
Sec. 245. Report on integration of Department of Defense intelligence, 
           surveillance, and reconnaissance capabilities.
Sec. 246. Report on future research and development of man-portable and 
           vehicle-mounted guided missile systems.
Sec. 247. Report on the development of command and control systems.
Sec. 248. Evaluation of Extended Range Modular Sniper Rifle Systems.

                        Subtitle E--Other Matters

Sec. 251. Enhancement of duties of Director of Department of Defense 
           Test Resource Management Center with respect to the Major 
           Range and Test Facility Base.
Sec. 252. Establishment of program to enhance participation of 
           historically black colleges and universities and minority-
           serving institutions in defense research programs.
Sec. 253. Extension of authority to award prizes for advanced technology 
           achievements.
Sec. 254. Authority for National Aeronautics and Space Administration 
           federally funded research and development centers to 
           participate in merit-based technology research and 
           development programs.
Sec. 255. Next generation bomber aircraft.

                  TITLE III--OPERATION AND MAINTENANCE

               Subtitle A--Authorization of Appropriations

Sec. 301. Operation and maintenance funding.
Sec. 302. Relation to funding table.

                  Subtitle B--Environmental Provisions

Sec. 311. Clarification of requirement for use of available funds for 
           Department of Defense participation in conservation banking 
           programs.
Sec. 312. Reauthorization of title I of Sikes Act.
Sec. 313. Authority of Secretary of a military department to enter into 
           interagency agreements for land management on Department of 
           Defense installations.
Sec. 314. Reauthorization of pilot program for invasive species 
           management for military installations in Guam.
Sec. 315. Reimbursement of Environmental Protection Agency for certain 
           costs in connection with the Former Nansemond Ordnance Depot 
           Site, Suffolk, Virginia.
Sec. 316. Procurement and use of munitions.
Sec. 317. Prohibition on disposing of waste in open-air burn pits.
Sec. 318. Military munitions response sites.

                 Subtitle C--Workplace and Depot Issues

Sec. 321. Public-private competition required before conversion of any 
           Department of Defense function performed by civilian 
           employees to contractor performance.
Sec. 322. Time limitation on duration of public-private competitions.
Sec. 323. Policy regarding installation of major modifications and 
           upgrades.
Sec. 324. Modification of authority for Army industrial facilities to 
           engage in cooperative activities with non-Army entities.
Sec. 325. Temporary suspension of public-private competitions for 
           conversion of Department of Defense functions to performance 
           by a contractor.
Sec. 326. Requirement for debriefings related to conversion of functions 
           from performance by Federal employees to performance by a 
           contractor.
Sec. 327. Amendments to bid protest procedures by Federal employees and 
           agency officials in conversions of functions from performance 
           by Federal employees to performance by a contractor.

[[Page 123 STAT. 2193]]

Sec. 328. Improvement of inventory management practices.
Sec. 329. Modification of date for submittal to Congress of annual 
           report on funding for public and private performance of 
           depot-level maintenance and repair workloads.

                       Subtitle D--Energy Security

Sec. 331. Authorization of appropriations for Director of Operational 
           Energy.
Sec. 332. Extension and expansion of reporting requirements regarding 
           Department of Defense energy efficiency programs.
Sec. 333. Report on implementation of Comptroller General 
           recommendations on fuel demand management at forward-deployed 
           locations.
Sec. 334. Report on use of renewable fuels to meet energy requirements 
           of Department of Defense.
Sec. 335. Energy security on Department of Defense installations.

                           Subtitle E--Reports

Sec. 341. Annual report on procurement of military working dogs.
Sec. 342. Plan for managing vegetative encroachment at training ranges.
Sec. 343. Comptroller General report on the sustainment strategy for the 
           AV-8B Harrier aircraft.
Sec. 344. Study on Army modularity.

                        Subtitle F--Other Matters

Sec. 351. Authority for airlift transportation at Department of Defense 
           rates for non-Department of Defense Federal cargoes.
Sec. 352. Policy on ground combat and camouflage utility uniforms.
Sec. 353. Condition-based maintenance demonstration programs.
Sec. 354. Extension of arsenal support program initiative.

               TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS

                        Subtitle A--Active Forces

Sec. 401. End strengths for active forces.
Sec. 402. Revision in permanent active duty end strength minimum levels.
Sec. 403. Additional authority for increases of Army active-duty end 
           strengths for fiscal years 2011 and 2012.

                       Subtitle B--Reserve Forces

Sec. 411. End strengths for Selected Reserve.
Sec. 412. End strengths for Reserves on active duty in support of the 
           Reserves.
Sec. 413. End strengths for military technicians (dual status).
Sec. 414. Fiscal year 2010 limitation on number of non-dual status 
           technicians.
Sec. 415. Maximum number of reserve personnel authorized to be on active 
           duty for operational support.
Sec. 416. Submittal of options for creation of Trainees, Transients, 
           Holdees, and Students account for the Army National Guard.
Sec. 417. Report on requirements of the National Guard for non-dual 
           status technicians.
Sec. 418. Expansion of authority of Secretaries of the military 
           departments to increase certain end strengths to include 
           Selected Reserve end strengths.

               Subtitle C--Authorization of Appropriations

Sec. 421. Military personnel.
Sec. 422. Repeal of delayed one-time shift of military retirement 
           payments.

                   TITLE V--MILITARY PERSONNEL POLICY

                  Subtitle A--Officer Personnel Policy

Sec. 501. Grade of Legal Counsel to the Chairman of the Joint Chiefs of 
           Staff.
Sec. 502. Modification of limitations on general and flag officers on 
           active duty.
Sec. 503. Revisions to annual reporting requirement on joint officer 
           management.
Sec. 504. Extension of temporary increase in maximum number of days 
           leave members may accumulate and carryover.
Sec. 505. Computation of retirement eligibility for enlisted members of 
           the Navy who complete the Seaman to Admiral (STA-21) officer 
           candidate program.
Sec. 506. Independent review of judge advocate requirements of the 
           Department of the Navy.

                 Subtitle B--General Service Authorities

Sec. 511. Continuation on active duty of reserve component members 
           during physical disability evaluation following mobilization 
           and deployment.

[[Page 123 STAT. 2194]]

Sec. 512. Medical examination required before administrative separation 
           of members diagnosed with or reasonably asserting post-
           traumatic stress disorder or traumatic brain injury.
Sec. 513. Legal assistance for additional reserve component members.
Sec. 514. Limitation on scheduling of mobilization or pre-mobilization 
           training for Reserve units when certain suspension of 
           training is likely.
Sec. 515. Evaluation of test of utility of test preparation guides and 
           education programs in improving qualifications of recruits 
           for the Armed Forces.
Sec. 516. Report on presence in the Armed Forces of members associated 
           or affiliated with groups engaged in prohibited activities.

                   Subtitle C--Education and Training

Sec. 521. Detail of commissioned officers as students at schools of 
           psychology.
Sec. 522. Appointment of persons enrolled in Advanced Course of the Army 
           Reserve Officers' Training Corps at military junior colleges 
           as cadets in Army Reserve or Army National Guard of the 
           United States.
Sec. 523. Expansion of criteria for appointment as member of the Board 
           of Regents of the Uniformed Services University of the Health 
           Sciences.
Sec. 524. Use of Armed Forces Health Professions Scholarship and 
           Financial Assistance program to increase number of health 
           professionals with skills to assist in providing mental 
           health care.
Sec. 525. Department of Defense undergraduate nurse training program.
Sec. 526. Increase in number of private sector civilians authorized for 
           admission to National Defense University.
Sec. 527. Appointments to military service academies from nominations 
           made by Delegate from the Commonwealth of the Northern 
           Mariana Islands.
Sec. 528. Athletic association for the Air Force Academy.
Sec. 529. Language training centers for members of the Armed Forces and 
           civilian employees of the Department of Defense.

                Subtitle D--Defense Dependents' Education

Sec. 531. Continuation of authority to assist local educational agencies 
           that benefit dependents of members of the Armed Forces and 
           Department of Defense civilian employees.
Sec. 532. Impact aid for children with severe disabilities.
Sec. 533. Two-year extension of authority for assistance to local 
           educational agencies with enrollment changes due to base 
           closures, force structure changes, or force relocations.
Sec. 534. Authority to extend eligibility for enrollment in Department 
           of Defense elementary and secondary schools to certain 
           additional categories of dependents.
Sec. 535. Permanent authority for enrollment in defense dependents' 
           education system of dependents of foreign military members 
           assigned to Supreme Headquarters Allied Powers, Europe.
Sec. 536. Determination of number of weighted student units for local 
           educational agencies for receipt of basic support payments 
           under impact aid.
Sec. 537. Study on options for educational opportunities for dependent 
           children of members of the Armed Forces when public schools 
           attended by such children are determined to need improvement.
Sec. 538. Comptroller General audit of assistance to local educational 
           agencies for dependent children of members of the Armed 
           Forces.
Sec. 539. Sense of Congress on the Interstate Compact on Educational 
           Opportunity for Military Children.

                 Subtitle E--Missing or Deceased Persons

Sec. 541. Additional requirements for accounting for members of the 
           Armed Forces and Department of Defense civilian employees 
           listed as missing in conflicts occurring before enactment of 
           new system for accounting for missing persons.
Sec. 542. Policy and procedures on media access and attendance by family 
           members at ceremonies for the dignified transfer of remains 
           of members of the Armed Forces who die overseas.
Sec. 543. Report on expansion of authority of a member to designate 
           persons to direct disposition of the remains of a deceased 
           member.
Sec. 544. Sense of Congress on the recovery of the remains of members of 
           the Armed Forces who were killed during World War II in the 
           battle of Tarawa Atoll.

                   Subtitle F--Decorations and Awards

Sec. 551. Authorization and request for award of Medal of Honor to 
           Anthony T. Kaho'ohanohano for acts of valor during the Korean 
           War.

[[Page 123 STAT. 2195]]

Sec. 552. Authorization and request for award of Distinguished-Service 
           Cross to Jack T. Stewart for acts of valor during the Vietnam 
           War.
Sec. 553. Authorization and request for award of Distinguished-Service 
           Cross to William T. Miles, Jr., for acts of valor during the 
           Korean War.

              Subtitle G--Military Family Readiness Matters

Sec. 561. Establishment of online resources to provide information about 
           benefits and services available to members of the Armed 
           Forces and their families.
Sec. 562. Additional members on Department of Defense Military Family 
           Readiness Council.
Sec. 563. Support for military families with special needs.
Sec. 564. Pilot program to secure internships for military spouses with 
           Federal agencies.
Sec. 565. Family and medical leave for family of servicemembers.
Sec. 566. Deadline for report on sexual assault in the Armed Forces by 
           Defense Task Force on Sexual Assault in the Military 
           Services.
Sec. 567. Improved prevention and response to allegations of sexual 
           assault involving members of the Armed Forces.
Sec. 568. Comptroller General report on progress made in implementing 
           recommendations to reduce domestic violence in military 
           families.
Sec. 569. Report on impact of domestic violence on military families.
Sec. 570. Report on international intrafamilial abduction of children of 
           members of the Armed Forces.
Sec. 571. Assessment of impact of deployment of members of the Armed 
           Forces on their dependent children.
Sec. 572. Report on child custody litigation involving service of 
           members of the Armed Forces.
Sec. 573. Comptroller General report on child care assistance for 
           members of the Armed Forces.

                       Subtitle H--Military Voting

Sec. 575. Short title.
Sec. 576. Clarification regarding delegation of State responsibilities 
           to local jurisdictions.
Sec. 577. Establishment of procedures for absent uniformed services 
           voters and overseas voters to request and for States to send 
           voter registration applications and absentee ballot 
           applications by mail and electronically.
Sec. 578. Establishment of procedures for States to transmit blank 
           absentee ballots by mail and electronically to absent 
           uniformed services voters and overseas voters.
Sec. 579. Ensuring absent uniformed services voters and overseas voters 
           have time to vote.
Sec. 580. Procedures for collection and delivery of marked absentee 
           ballots of absent overseas uniformed services voters.
Sec. 581. Federal write-in absentee ballot.
Sec. 582. Prohibiting refusal to accept voter registration and absentee 
           ballot applications, marked absentee ballots, and Federal 
           write-in absentee ballots for failure to meet certain 
           requirements.
Sec. 583. Federal Voting Assistance Program Improvements.
Sec. 584. Development of standards for reporting and storing certain 
           data.
Sec. 585. Repeal of provisions relating to use of single application for 
           all subsequent elections.
Sec. 586. Reporting requirements.
Sec. 587. Annual report on enforcement.
Sec. 588. Requirements payments.
Sec. 589. Technology pilot program.

                        Subtitle I--Other Matters

Sec. 591. Clarification of performance policies for military musical 
           units and musicians.
Sec. 592. Navy grants for purposes of Naval Sea Cadet Corps.
Sec. 593. Modification of matching fund requirements under National 
           Guard Youth Challenge Program.
Sec. 594. Expansion of Military Leadership Diversity Commission to 
           include reserve component representatives.
Sec. 595. Expansion of suicide prevention and community healing and 
           response training under the Yellow Ribbon Reintegration 
           Program.
Sec. 596. Comprehensive plan on prevention, diagnosis, and treatment of 
           substance use disorders and disposition of substance abuse 
           offenders in the Armed Forces.

[[Page 123 STAT. 2196]]

Sec. 597. Reports on Yellow Ribbon Reintegration Program and other 
           reintegration programs.
Sec. 598. Reports on progress in completion of certain incident 
           information management tools.

           TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS

                     Subtitle A--Pay and Allowances

Sec. 601. Fiscal year 2010 increase in military basic pay.
Sec. 602. Increase in maximum monthly amount of supplemental subsistence 
           allowance for low-income members with dependents.
Sec. 603. Special compensation for members of the uniformed services 
           with catastrophic injuries or illnesses requiring assistance 
           in everyday living.
Sec. 604. Benefits under Post-Deployment/Mobilization Respite Absence 
           program for certain periods before implementation of program.
Sec. 605. Report on housing standards and housing surveys used to 
           determine basic allowance for housing.
Sec. 606. Comptroller General comparative assessment of military and 
           private-sector pay and benefits.

           Subtitle B--Bonuses and Special and Incentive Pays

Sec. 611. One-year extension of certain bonus and special pay 
           authorities for reserve forces.
Sec. 612. One-year extension of certain bonus and special pay 
           authorities for health care professionals.
Sec. 613. One-year extension of special pay and bonus authorities for 
           nuclear officers.
Sec. 614. One-year extension of authorities relating to title 37 
           consolidated special pay, incentive pay, and bonus 
           authorities.
Sec. 615. One-year extension of authorities relating to payment of other 
           title 37 bonuses and special pays.
Sec. 616. One-year extension of authorities relating to payment of 
           referral bonuses.
Sec. 617. Technical corrections and conforming amendments to reconcile 
           conflicting amendments regarding continued payment of bonuses 
           and similar benefits for certain members.
Sec. 618. Proration of certain special and incentive pays to reflect 
           time during which a member satisfies eligibility requirements 
           for the special or incentive pay.
Sec. 619. Additional assignment pay or special duty pay authorized for 
           members agreeing to serve in Afghanistan for extended 
           periods.
Sec. 620. Temporary authority for monthly special pay for members of the 
           Armed Forces subject to continuing active duty or service 
           under stop-loss authorities.
Sec. 621. Army authority to provide additional recruitment incentives.
Sec. 622. Report on recruitment and retention of members of the Air 
           Force in nuclear career fields.

            Subtitle C--Travel and Transportation Allowances

Sec. 631. Travel and transportation for survivors of deceased members of 
           the uniformed services to attend memorial ceremonies.
Sec. 632. Travel and transportation allowances for designated 
           individuals of wounded, ill, or injured members of the 
           uniformed services for duration of inpatient treatment.
Sec. 633. Authorized travel and transportation allowances for non-
           medical attendants for very seriously and seriously wounded, 
           ill, or injured members.
Sec. 634. Reimbursement of travel expenses of members of the Armed 
           Forces on active duty and their dependents for travel for 
           specialty care under exceptional circumstances.
Sec. 635. Report on adequacy of weight allowances for transportation of 
           baggage and household effects for members of the uniformed 
           services.

       Subtitle D--Disability, Retired Pay, and Survivor Benefits

Sec. 641. Transition assistance for reserve component members injured 
           while on active duty.
Sec. 642. Recomputation of retired pay and adjustment of retired grade 
           of Reserve retirees to reflect service after retirement.
Sec. 643. Election to receive retired pay for non-regular service upon 
           retirement for service in an active reserve status performed 
           after attaining eligibility for regular retirement.
Sec. 644. Report on re-determination process for permanently 
           incapacitated dependents of retired and deceased members of 
           the Armed Forces.

[[Page 123 STAT. 2197]]

Sec. 645. Treatment as active service for retired pay purposes of 
           service as member of Alaska Territorial Guard during World 
           War II.

Subtitle E--Commissary and Nonappropriated Fund Instrumentality Benefits 
                             and Operations

Sec. 651. Limitation on Department of Defense entities offering personal 
           information services to members and their dependents.
Sec. 652. Report on impact of purchasing from local distributors all 
           alcoholic beverages for resale on military installations on 
           Guam.

                        Subtitle F--Other Matters

Sec. 661. Limitations on collection of overpayments of pay and 
           allowances erroneously paid to members.
Sec. 662. Sense of Congress on airfares for members of the Armed Forces.
Sec. 663. Sense of Congress on establishment of flexible spending 
           arrangements for the uniformed services.
Sec. 664. Sense of Congress regarding support for compensation, 
           retirement, and other military personnel programs.

                    TITLE VII--HEALTH CARE PROVISIONS

               Subtitle A--Improvements to Health Benefits

Sec. 701. Prohibition on conversion of military medical and dental 
           positions to civilian medical and dental positions.
Sec. 702. Health care for members of the reserve components.
Sec. 703. Enhancement of transitional dental care for members of the 
           reserve components on active duty for more than 30 days in 
           support of a contingency operation.
Sec. 704. Expansion of survivor eligibility under TRICARE dental 
           program.
Sec. 705. TRICARE Standard coverage for certain members of the Retired 
           Reserve who are qualified for a non-regular retirement but 
           are not yet age 60.
Sec. 706. Constructive eligibility for TRICARE benefits of certain 
           persons otherwise ineligible under retroactive determination 
           of entitlement to Medicare part A hospital insurance 
           benefits.
Sec. 707. Notification of certain individuals regarding options for 
           enrollment under Medicare part B.
Sec. 708. Mental health assessments for members of the Armed Forces 
           deployed in connection with a contingency operation.
Sec. 709. Temporary TRICARE inpatient fee modification.

                 Subtitle B--Health Care Administration

Sec. 711. Comprehensive policy on pain management by the military health 
           care system.
Sec. 712. Administration and prescription of psychotropic medications 
           for members of the Armed Forces before and during deployment.
Sec. 713. Cooperative health care agreements between military 
           installations and non-military health care systems.
Sec. 714. Plan to increase the mental health capabilities of the 
           Department of Defense.
Sec. 715. Department of Defense study on management of medications for 
           physically and psychologically wounded members of the Armed 
           Forces.
Sec. 716. Limitation on obligation of funds under defense health program 
           information technology programs.

                        Subtitle C--Other Matters

Sec. 721. Study and plan to improve military health care.
Sec. 722. Study, plan, and pilot for the mental health care needs of 
           dependent children of members of the Armed Forces.
Sec. 723. Clinical trial on cognitive rehabilitative therapy for members 
           and former members of the Armed Forces.
Sec. 724. Department of Defense Task Force on the Care, Management, and 
           Transition of Recovering Wounded, Ill, and Injured Members of 
           the Armed Forces.
Sec. 725. Chiropractic clinical trials.
Sec. 726. Independent study on post-traumatic stress disorder efforts.
Sec. 727. Report on implementation of requirements on the relationship 
           between the TRICARE program and employer-sponsored group 
           health plans.
Sec. 728. Report on stipends for members of reserve components for 
           health care for certain dependents.

[[Page 123 STAT. 2198]]

  TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED 
                                 MATTERS

              Subtitle A--Acquisition Policy and Management

Sec. 801. Temporary authority to acquire products and services produced 
           in countries along a major route of supply to Afghanistan; 
           report.
Sec. 802. Assessment of improvements in service contracting.
Sec. 803. Display of annual budget requirements for procurement of 
           contract services and related clarifying technical 
           amendments.
Sec. 804. Implementation of new acquisition process for information 
           technology systems.
Sec. 805. Life-cycle management and product support.
Sec. 806. Treatment of non-defense agency procurements under joint 
           programs with intelligence community.
Sec. 807. Policy and requirements to ensure the safety of facilities, 
           infrastructure, and equipment for military operations.

 Subtitle B--Amendments to General Contracting Authorities, Procedures, 
                             and Limitation

Sec. 811. Justification and approval of sole-source contracts.
Sec. 812. Revision of Defense Supplement relating to payment of costs 
           prior to definitization.
Sec. 813. Revisions to definitions relating to contracts in Iraq and 
           Afghanistan.
Sec. 814. Amendment to notification requirements for awards of single 
           source task or delivery orders.
Sec. 815. Clarification of uniform suspension and debarment requirement.
Sec. 816. Extension of authority for use of simplified acquisition 
           procedures for certain commercial items.
Sec. 817. Reporting requirements for programs that qualify as both major 
           automated information system programs and major defense 
           acquisition programs.
Sec. 818. Small arms production industrial base matters.
Sec. 819. Contract authority for advanced component development or 
           prototype units.
Sec. 820. Publication of notification of bundling of contracts of the 
           Department of Defense.

                     Subtitle C--Contractor Matters

Sec. 821. Authority for Government support contractors to have access to 
           technical data belonging to prime contractors.
Sec. 822. Extension and enhancement of authorities on the Commission on 
           Wartime Contracting in Iraq and Afghanistan.
Sec. 823. Authority for Secretary of Defense to reduce or deny award 
           fees to companies found to jeopardize health or safety of 
           Government personnel.

                Subtitle D--Acquisition Workforce Matters

Sec. 831. Enhancement of expedited hiring authority for defense 
           acquisition workforce positions.
Sec. 832. Funding of Department of Defense Acquisition Workforce 
           Development Fund.
Sec. 833. Review of post-employment restrictions applicable to the 
           Department of Defense.
Sec. 834. Review of Federal acquisition workforce training and hiring.

                        Subtitle E--Other Matters

Sec. 841. Reports to Congress on full deployment decisions for major 
           automated information system programs.
Sec. 842. Authorization to take actions to correct the industrial 
           resource shortfall for high-purity beryllium metal.
Sec. 843. Report on rare earth materials in the defense supply chain.
Sec. 844. Comptroller General report on structure and management of 
           subcontractors under contracts for major weapon systems.
Sec. 845. Study of the use of factors other than cost or price as the 
           predominate factors in evaluating competitive proposals for 
           defense procurement contracts.
Sec. 846. Repeal of requirements relating to the military system 
           essential item breakout list.
Sec. 847. Extension of SBIR and STTR programs of the Department of 
           Defense.
Sec. 848. Extension of authority for small business innovation research 
           Commercialization Pilot Program.

[[Page 123 STAT. 2199]]

       TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT

              Subtitle A--Department of Defense Management

Sec. 901. Authority to allow private sector civilians to receive 
           instruction at Defense Cyber Investigations Training Academy 
           of the Defense Cyber Crime Center.
Sec. 902. Organizational structure of the Office of the Assistant 
           Secretary of Defense for Health Affairs and the TRICARE 
           Management Activity.
Sec. 903. Sense of Congress regarding the Director of Operational Energy 
           Plans and Programs.
Sec. 904. Increased flexibility for combatant commander initiative fund.
Sec. 905. Repeal of requirement for a Deputy Under Secretary of Defense 
           for Technology Security Policy within the Office of the Under 
           Secretary of Defense for Policy.
Sec. 906. Deputy Under Secretaries of Defense and Assistant Secretaries 
           of Defense.

                      Subtitle B--Space Activities

Sec. 911. Submission and review of space science and technology 
           strategy.
Sec. 912. Provision of space situational awareness services and 
           information to non-United States Government entities.
Sec. 913. Management and funding strategy and implementation plan for 
           the National Polar-Orbiting Operational Environmental 
           Satellite System Program.

                Subtitle C--Intelligence-Related Matters

Sec. 921. Inclusion of Defense Intelligence Agency in authority to use 
           proceeds from counterintelligence operations.
Sec. 922. Plan to address foreign ballistic missile intelligence 
           analysis.

                        Subtitle D--Other Matters

Sec. 931. Implementation strategy for developing leap-ahead cyber 
           operations capabilities.
Sec. 932. Defense integrated military human resources system development 
           and transition.
Sec. 933. Report on special operations command organization, manning, 
           and management.
Sec. 934. Study on the recruitment, retention, and career progression of 
           uniformed and civilian military cyber operations personnel.
Sec. 935. Plan on access to national airspace for unmanned aircraft 
           systems.

                       TITLE X--GENERAL PROVISIONS

                      Subtitle A--Financial Matters

Sec. 1001. General transfer authority.
Sec. 1002. Relationship of the quadrennial defense review and the annual 
           budget request.
Sec. 1003. Audit readiness of financial statements of the Department of 
           Defense.

                   Subtitle B--Counter-Drug Activities

Sec. 1011. Unified counter-drug and counterterrorism campaign in 
           Colombia.
Sec. 1012. Joint task forces support to law enforcement agencies 
           conducting counter-terrorism activities.
Sec. 1013. Reporting requirement on expenditures to support foreign 
           counter-drug activities.
Sec. 1014. Support for counter-drug activities of certain foreign 
           governments.
Sec. 1015. Border coordination centers in Afghanistan and Pakistan.
Sec. 1016. Comptroller General report on effectiveness of accountability 
           measures for assistance from counter-narcotics central 
           transfer account.

                 Subtitle C--Naval Vessels and Shipyards

Sec. 1021. Sense of Congress on the maintenance of a 313-ship Navy.
Sec. 1022. Designation of U.S.S. Constitution as America's Ship of 
           State.
Sec. 1023. Temporary reduction in minimum number of operational aircraft 
           carriers.
Sec. 1024. Sense of Congress concerning the disposition of Submarine NR-
           1.

  Subtitle D--Miscellaneous Requirements, Authorities, and Limitations

Sec. 1031. Prohibition relating to propaganda.
Sec. 1032. Responsibility for preparation of biennial global positioning 
           system report.

[[Page 123 STAT. 2200]]

Sec. 1033. Reports on bandwidth requirements for major defense 
           acquisition programs and major system acquisition programs.
Sec. 1034. Additional duties for advisory panel on Department of Defense 
           capabilities for support of civil authorities after certain 
           incidents.
Sec. 1035. Charter for the National Reconnaissance Office.
Sec. 1036. National strategic five-year plan for improving the nuclear 
           forensic and attribution capabilities of the United States.
Sec. 1037. Authorization of appropriations for payments to Portuguese 
           nationals employed by the Department of Defense.
Sec. 1038. Prohibition on interrogation of detainees by contractor 
           personnel.
Sec. 1039. Notification and access of International Committee of the Red 
           Cross with respect to detainees at Theater Internment 
           Facility at Bagram Air Base, Afghanistan.
Sec. 1040. No Miranda Warnings for Al Qaeda Terrorists.
Sec. 1041. Limitation on use of funds for the transfer or release of 
           individuals detained at United States Naval Station, 
           Guantanamo Bay, Cuba.
Sec. 1042. Additional subpoena authority for the Inspector General of 
           the Department of Defense.
Sec. 1043. Limitations on modifications of certain Government furnished 
           equipment; one-time authority to transfer certain military 
           prototype.

                     Subtitle E--Studies and Reports

Sec. 1051. Report on statutory compliance of the report on the 2009 
           quadrennial defense review.
Sec. 1052. Report on the force structure findings of the 2009 
           quadrennial defense review.
Sec. 1053. Annual report on the electronic warfare strategy of the 
           Department of Defense.
Sec. 1054. Study on a system for career development and management of 
           interagency national security professionals.
Sec. 1055. Report on nuclear aspirations of non-state entities, nuclear 
           weapons and related programs in non-nuclear-weapons states 
           and countries not parties to the Nuclear Non-Proliferation 
           Treaty, and certain foreign persons.
Sec. 1056. Comptroller General review of Department of Defense spending 
           in final fiscal quarters.
Sec. 1057. Report on Air America.
Sec. 1058. Report on defense travel simplification.
Sec. 1059. Report on modeling and simulation technological and 
           industrial base.
Sec. 1060. Report on enabling capabilities for special operations 
           forces.
Sec. 1061. Additional members and duties for the independent panel to 
           assess the quadrennial defense review.
Sec. 1062. Congressional earmarks relating to the Department of Defense.
Sec. 1063. Report on basing plans for certain United States geographic 
           combatant commands.

                        Subtitle F--Other Matters

Sec. 1071. Extension of certain authority for making rewards for 
           combating terrorism.
Sec. 1072. Business process reengineering.
Sec. 1073. Technical and clerical amendments.
Sec. 1074. Extension of sunset for congressional commission on the 
           strategic posture of the United States.
Sec. 1075. Combat air forces restructuring.
Sec. 1076. Sense of Congress regarding carrier air wing force structure.
Sec. 1077. Department of Veterans Affairs use of service dogs for the 
           treatment or rehabilitation of veterans with physical or 
           mental injuries or disabilities.
Sec. 1078. Plan for sustainment of land-based solid rocket motor 
           industrial base.
Sec. 1079. Justice for victims of torture and terrorism.
Sec. 1080. Requirement for videotaping or otherwise electronically 
           recording strategic intelligence interrogations of persons in 
           the custody of or under the effective control of the 
           Department of Defense.
Sec. 1081. Modification of pilot program on commercial fee-for-service 
           air refueling support for the air force.
Sec. 1082. Multiyear contracts under pilot program on commercial fee-
           for-service air refueling support for the Air Force.
Sec. 1083. Disclosure of names of students and instructors at Western 
           Hemisphere Institute for Security Cooperation.
Sec. 1084. Sense of Congress regarding the Western Hemisphere Institute 
           for Security Cooperation.

[[Page 123 STAT. 2201]]

                  TITLE XI--CIVILIAN PERSONNEL MATTERS

                          Subtitle A--Personnel

Sec. 1101. Authority to employ individuals completing the National 
           Security Education Program.
Sec. 1102. Authority for employment by Department of Defense of 
           individuals who have successfully completed the requirements 
           of the science, mathematics, and research for transformation 
           (SMART) defense scholarship program.
Sec. 1103. Authority for the employment of individuals who have 
           successfully completed the Department of Defense information 
           assurance scholarship program.
Sec. 1104. Extension and modification of experimental personnel 
           management program for scientific and technical personnel.
Sec. 1105. Modification to Department of Defense laboratory personnel 
           authority.
Sec. 1106. One-year extension of authority to waive annual limitation on 
           premium pay and aggregate limitation on pay for Federal 
           civilian employees working overseas.
Sec. 1107. Extension of certain benefits to Federal civilian employees 
           on official duty in Pakistan.
Sec. 1108. Requirement for Department of Defense strategic workforce 
           plans.
Sec. 1109. Adjustments to limitations on personnel and requirement for 
           annual manpower reporting.
Sec. 1110. Pilot program for the temporary exchange of information 
           technology personnel.
Sec. 1111. Availability of funds for compensation of certain civilian 
           employees of the Department of Defense.
Sec. 1112. Department of defense civilian leadership program.
Sec. 1113. Provisions relating to the National Security Personnel 
           System.
Sec. 1114. Provisions relating to the Defense Civilian Intelligence 
           Personnel System.

      Subtitle B--Provisions Relating to Reemployment of Annuitants

Sec. 1121. Authority to expand scope of provisions relating to unreduced 
           compensation for certain reemployed annuitants.
Sec. 1122. Part-time reemployment.
Sec. 1123. Government Accountability Office report.

             TITLE XII--MATTERS RELATING TO FOREIGN NATIONS

                   Subtitle A--Assistance and Training

Sec. 1201.  One-year extension of authority for security and 
           stabilization assistance.
Sec. 1202.  Expansion of authority and modification of notification and 
           reporting requirements for use of authority for support of 
           special operations to combat terrorism.
Sec. 1203.  Modification of report on foreign-assistance related 
           programs carried out by the Department of Defense.
Sec. 1204.  Report on authorities to build the capacity of foreign 
           military forces and related matters.
Sec. 1205.  Authority to provide administrative services and support to 
           coalition liaison officers of certain foreign nations 
           assigned to United States Joint Forces Command.
Sec. 1206.  Modification of authorities relating to program to build the 
           capacity of foreign military forces.
Sec. 1207.  Authority for non-reciprocal exchanges of defense personnel 
           between the United States and foreign countries.
Sec. 1208.  Report on alternatives to use of acquisition and cross-
           servicing agreements to lend military equipment for personnel 
           protection and survivability.
Sec. 1209.  Enhancing Iraqi security through defense cooperation between 
           the United States and Iraq.
Sec. 1210.  Availability of appropriated funds for the State Partnership 
           Program.

     Subtitle B--Matters Relating to Iraq, Afghanistan, and Pakistan

Sec. 1221.  Limitation on availability of funds for certain purposes 
           relating to Iraq.
Sec. 1222.  One-year extension and expansion of Commanders' Emergency 
           Response Program.
Sec. 1223.  Modification of authority for reimbursement of certain 
           coalition nations for support provided to United States 
           military operations.
Sec. 1224.  Pakistan Counterinsurgency Fund.

[[Page 123 STAT. 2202]]

Sec. 1225.  Program to provide for the registration and end-use 
           monitoring of defense articles and defense services 
           transferred to Afghanistan and Pakistan.
Sec. 1226.  Reports on campaign plans for Iraq and Afghanistan.
Sec. 1227.  Report on responsible redeployment of United States Armed 
           Forces from Iraq.
Sec. 1228.  Report on community-based security programs in Afghanistan.
Sec. 1229.  Updates of report on command and control structure for 
           military forces operating in Afghanistan.
Sec. 1230.  Report on feasibility and desirability of establishing 
           general uniform procedures and guidelines for the provision 
           of monetary assistance by the United States to civilian 
           foreign nationals for losses incident to combat activities of 
           the armed forces.
Sec. 1231.  Assessment and report on United States-Pakistan military 
           relations and cooperation.
Sec. 1232.  Report on progress toward security and stability in 
           Pakistan.
Sec. 1233.  Repeal of GAO war-related reporting requirement.
Sec. 1234.  Authority to transfer defense articles and provide defense 
           services to the military and security forces of Iraq and 
           Afghanistan.
Sec. 1235.  Analysis of required force levels and types of forces needed 
           to secure southern and eastern regions of Afghanistan.
Sec. 1236.  Modification of report on progress toward security and 
           stability in Afghanistan.
Sec. 1237.  No permanent military bases in Afghanistan.

                        Subtitle C--Other Matters

Sec. 1241.  Report on United States engagement with Iran.
Sec. 1242.  Annual counterterrorism status reports.
Sec. 1243.  Report on United States contributions to the United Nations.
Sec. 1244.  NATO Special Operations Coordination Center.
Sec. 1245.  Annual report on military power of Iran.
Sec. 1246.  Annual report on military and security developments 
           involving the People's Republic of China.
Sec. 1247.  Report on impacts of drawdown authorities on the Department 
           of Defense.
Sec. 1248.  Risk assessment of United States space export control 
           policy.
Sec. 1249.  Patriot air and missile defense battery in Poland.
Sec. 1250.  Report on potential foreign military sales of the F-22A 
           fighter aircraft.
Sec. 1251.  Report on the plan for the nuclear weapons stockpile, 
           nuclear weapons complex, and delivery platforms and sense of 
           Congress on follow-on negotiations to START Treaty.
Sec. 1252.  Map of mineral-rich zones and areas under the control of 
           armed groups in the Democratic Republic of the Congo.
Sec. 1253.  Sense of Congress relating to Israel.
Sec. 1254.  Sense of Congress on imposing sanctions with respect to 
           Iran.
Sec. 1255.  Report and sense of Congress on North Korea.
Sec. 1256.  Report on potential missile defense cooperation with Russia.

                          Subtitle D--VOICE Act

Sec. 1261. Short title.
Sec. 1262. Authorization of appropriations.
Sec. 1263. Iranian Electronic Education, Exchange, and Media Fund.
Sec. 1264. Annual report.
Sec. 1265. Report on actions by non-Iranian companies.
Sec. 1266. Human rights documentation.

                TITLE XIII--COOPERATIVE THREAT REDUCTION

Sec. 1301. Specification of Cooperative Threat Reduction programs and 
           funds.
Sec. 1302. Funding allocations.
Sec. 1303. Utilization of contributions to the Cooperative Threat 
           Reduction Program.
Sec. 1304. Metrics for the Cooperative Threat Reduction Program.
Sec. 1305. Cooperative Threat Reduction Program authority for urgent 
           threat reduction activities.
Sec. 1306. Cooperative Threat Reduction Defense and Military Contacts 
           Program.

                     TITLE XIV--OTHER AUTHORIZATIONS

                      Subtitle A--Military Programs

Sec. 1401. Working capital funds.
Sec. 1402. National Defense Sealift Fund.

[[Page 123 STAT. 2203]]

Sec. 1403. Chemical agents and munitions destruction, defense.
Sec. 1404. Drug Interdiction and Counter-Drug Activities, Defense-wide.
Sec. 1405. Defense Inspector General.
Sec. 1406. Defense Health Program.
Sec. 1407. Relation to funding table.

                 Subtitle B--National Defense Stockpile

Sec. 1411. Authorized uses of National Defense Stockpile funds.
Sec. 1412. Extension of previously authorized disposal of cobalt from 
           National Defense Stockpile.
Sec. 1413. Report on implementation of reconfiguration of the National 
           Defense Stockpile.

                Subtitle C--Armed Forces Retirement Home

Sec. 1421. Authorization of appropriations for Armed Forces Retirement 
           Home.

   TITLE XV--AUTHORIZATION OF ADDITIONAL APPROPRIATIONS FOR OVERSEAS 
                         CONTINGENCY OPERATIONS

Sec. 1501. Purpose.
Sec. 1502. Army procurement.
Sec. 1503. Joint Improvised Explosive Device Defeat Fund.
Sec. 1504. Navy and Marine Corps procurement.
Sec. 1505. Air Force procurement.
Sec. 1506. Mine Resistant Ambush Protected Vehicle Fund.
Sec. 1507. Defense-wide activities procurement.
Sec. 1508. Research, development, test, and evaluation.
Sec. 1509. Operation and maintenance.
Sec. 1510. Limitations on availability of funds in Afghanistan Security 
           Forces Fund.
Sec. 1511. Limitations on Iraq Security Forces Fund.
Sec. 1512. Military personnel.
Sec. 1513. Working capital funds.
Sec. 1514. Defense Health Program.
Sec. 1515. Drug Interdiction and Counter-Drug Activities, Defense-wide.
Sec. 1516. Defense Inspector General.
Sec. 1517. Relation to funding tables.
Sec. 1518. Continuation of prohibition on use of United States funds for 
           certain facilities projects in Iraq.
Sec. 1519. Treatment as additional authorizations.
Sec. 1520. Special transfer authority.

TITLE XVII--DEPARTMENT OF DEFENSE-DEPARTMENT OF VETERANS AFFAIRS MEDICAL 
                     FACILITY DEMONSTRATION PROJECT

Sec. 1701. Demonstration project authority.
Sec. 1702. Transfer of property.
Sec. 1703. Transfer of civilian personnel of the Department of Defense.
Sec. 1704. Joint funding authority.
Sec. 1705. Eligibility of members of the uniformed services for care and 
           services.
Sec. 1706. Extension of DOD-VA Health Care Sharing Incentive Fund.

                    TITLE XVIII--MILITARY COMMISSIONS

Sec. 1801. Short title.
Sec. 1802. Military commissions.
Sec. 1803. Conforming amendments.
Sec. 1804. Proceedings under prior statute.
Sec. 1805. Submittal to Congress of revised rules for military 
           commissions.
Sec. 1806. Annual reports to Congress on trials by military commission.
Sec. 1807. Sense of Congress on military commission system.

                  TITLE XIX--FEDERAL EMPLOYEE BENEFITS

                     Subtitle A--General Provisions

Sec. 1901. Credit for unused sick leave.
Sec. 1902. Limited expansion of the class of individuals eligible to 
           receive an actuarially reduced annuity under the Civil 
           Service Retirement System.
Sec. 1903. Computation of certain annuities based on part-time service.
Sec. 1904. Authority to deposit refunds under FERS.
Sec. 1905. Retirement credit for service of certain employees 
           transferred from District of Columbia service to Federal 
           service.

        Subtitle B--Non-Foreign Area Retirement Equity Assurance

Sec. 1911. Short title.

[[Page 123 STAT. 2204]]

Sec. 1912. Extension of locality pay.
Sec. 1913. Adjustment of special rates.
Sec. 1914. Transition schedule for locality-based comparability 
           payments.
Sec. 1915. Savings provision.
Sec. 1916. Application to other eligible employees.
Sec. 1917. Election of additional basic pay for annuity computation by 
           employees.
Sec. 1918. Regulations.
Sec. 1919. Effective dates.

            DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS

Sec. 2001. Short title.
Sec. 2002. Expiration of authorizations and amounts required to be 
           specified by law.
Sec. 2003. Relation to funding tables.
Sec. 2004. General reduction across division.

                             TITLE XXI--ARMY

Sec. 2101. Authorized Army construction and land acquisition projects.
Sec. 2102. Family housing.
Sec. 2103. Improvements to military family housing units.
Sec. 2104. Authorization of appropriations, Army.
Sec. 2105. Modification of authority to carry out certain fiscal year 
           2009 project.
Sec. 2106. Extension of authorizations of certain fiscal year 2006 
           projects.

                            TITLE XXII--NAVY

Sec. 2201. Authorized Navy construction and land acquisition projects.
Sec. 2202. Family housing.
Sec. 2203. Improvements to military family housing units.
Sec. 2204. Authorization of appropriations, Navy.
Sec. 2205. Modification and extension of authority to carry out certain 
           fiscal year 2006 project.

                         TITLE XXIII--AIR FORCE

Sec. 2301. Authorized Air Force construction and land acquisition 
           projects.
Sec. 2302. Family housing.
Sec. 2303. Improvements to military family housing units.
Sec. 2304. Authorization of appropriations, Air Force.
Sec. 2305. Termination of authority to carry out certain fiscal year 
           2009 Air Force project.
Sec. 2306. Extension of authorizations of certain fiscal year 2007 
           projects.
Sec. 2307. Extension of authorizations of certain fiscal year 2006 
           projects.
Sec. 2308. Conveyance to Indian tribes of certain housing units.

                      TITLE XXIV--DEFENSE AGENCIES

                Subtitle A--Defense Agency Authorizations

Sec. 2401. Authorized Defense Agencies construction and land acquisition 
           projects.
Sec. 2402. Family Housing.
Sec. 2403. Energy conservation projects.
Sec. 2404. Authorization of appropriations, Defense Agencies.
Sec. 2405. Termination or modification of authority to carry out certain 
           fiscal year 2009 projects.
Sec. 2406. Modification of authority to carry out certain fiscal year 
           2008 project.
Sec. 2407. Extension of authorizations of certain fiscal year 2007 
           project.

          Subtitle B--Chemical Demilitarization Authorizations

Sec. 2411. Authorization of appropriations, chemical demilitarization 
           construction, defense-wide.

   TITLE XXV--NORTH ATLANTIC TREATY ORGANIZATION SECURITY INVESTMENT 
                                 PROGRAM

Sec. 2501. Authorized NATO construction and land acquisition projects.
Sec. 2502. Authorization of appropriations, NATO.

             TITLE XXVI--GUARD AND RESERVE FORCES FACILITIES

Sec. 2601. Authorized Army National Guard construction and land 
           acquisition projects.
Sec. 2602. Authorized Army Reserve construction and land acquisition 
           projects.
Sec. 2603. Authorized Navy Reserve and Marine Corps Reserve construction 
           and land acquisition projects.

[[Page 123 STAT. 2205]]

Sec. 2604. Authorized Air National Guard construction and land 
           acquisition projects.
Sec. 2605. Authorized Air Force Reserve construction and land 
           acquisition projects.
Sec. 2606. Authorization of appropriations, National Guard and Reserve.
Sec. 2607. Extension of authorizations of certain fiscal year 2007 
           projects.
Sec. 2608. Extension of authorizations of certain fiscal year 2006 
           project.

          TITLE XXVII--BASE CLOSURE AND REALIGNMENT ACTIVITIES

                       Subtitle A--Authorizations

Sec. 2701. Authorization of appropriations for base closure and 
           realignment activities funded through Department of Defense 
           Base Closure Account 1990.
Sec. 2702. Authorized base closure and realignment activities funded 
           through Department of Defense Base Closure Account 2005.
Sec. 2703. Authorization of appropriations for base closure and 
           realignment activities funded through Department of Defense 
           Base Closure Account 2005.

                        Subtitle B--Other Matters

Sec. 2711. Relocation of certain Army Reserve units in Connecticut.
Sec. 2712. Authority to construct Armed Forces Reserve Center in 
           vicinity of Pease Air National Guard Base, New Hampshire.
Sec. 2713. Sense of Congress on ensuring joint basing recommendations do 
           not adversely affect operational readiness.
Sec. 2714. Requirements related to providing world class military 
           medical facilities in the National Capital Region.
Sec. 2715. Use of economic development conveyances to implement base 
           closure and realignment property recommendations.

         TITLE XXVIII--MILITARY CONSTRUCTION GENERAL PROVISIONS

 Subtitle A--Military Construction Program and Military Family Housing 
                                 Changes

Sec. 2801. Modification of unspecified minor construction authorities.
Sec. 2802. Congressional notification of facility repair projects 
           carried out using operation and maintenance funds.
Sec. 2803. Modification of authority for scope of work variations.
Sec. 2804. Modification of conveyance authority at military 
           installations.
Sec. 2805. Imposition of requirement that acquisition of reserve 
           component facilities be authorized by law.
Sec. 2806. Authority to use operation and maintenance funds for 
           construction projects inside the United States Central 
           Command area of responsibility.
Sec. 2807. Expansion of First Sergeants Barracks Initiative.
Sec. 2808. Reports on privatization initiatives for military 
           unaccompanied housing.
Sec. 2809. Report on Department of Defense contributions to States for 
           acquisition, construction, expansion, rehabilitation, or 
           conversion of reserve component facilities.

         Subtitle B--Real Property and Facilities Administration

Sec. 2821. Modification of utility systems conveyance authority.
Sec. 2822. Report on global defense posture realignment and interagency 
           review.
Sec. 2823. Property and facilities management of the Armed Forces 
           Retirement Home.
Sec. 2824. Acceptance of contributions to support cleanup efforts at 
           former Almaden Air Force Station, California.
Sec. 2825. Selection of military installations to serve as locations of 
           brigade combat teams.
Sec. 2826. Report on Federal assistance to support communities adversely 
           impacted by expansion of military installations.

           Subtitle C--Provisions Related to Guam Realignment

Sec. 2831. Role of Department of Defense in management and coordination 
           of Defense activities relating to Guam realignment.
Sec. 2832. Clarifications regarding use of special purpose entities to 
           assist with Guam realignment.
Sec. 2833. Workforce issues related to military construction and certain 
           other transactions on Guam.
Sec. 2834. Composition of workforce for construction projects funded 
           through the Support for United States Relocation to Guam 
           Account.
Sec. 2835. Interagency Coordination Group of Inspectors General for Guam 
           Realignment.
Sec. 2836. Compliance with Naval Aviation Safety requirements as 
           condition on acceptance of replacement facility for Marine 
           Corps Air Station, Futenma, Okinawa.

[[Page 123 STAT. 2206]]

Sec. 2837. Report and sense of Congress on Marine Corps requirements in 
           Asia-Pacific region.

                       Subtitle D--Energy Security

Sec. 2841. Adoption of unified energy monitoring and utility control 
           system specification for military construction and military 
           family housing activities.
Sec. 2842. Department of Defense goal regarding use of renewable energy 
           sources to meet facility energy needs.
Sec. 2843. Department of Defense participation in programs for 
           management of energy demand or reduction of energy usage 
           during peak periods.
Sec. 2844. Department of Defense use of electric and hybrid motor 
           vehicles.
Sec. 2845. Study on development of nuclear power plants on military 
           installations.
Sec. 2846. Comptroller General report on Department of Defense renewable 
           energy initiatives, including solar initiatives, on military 
           installations.

                      Subtitle E--Land Conveyances

Sec. 2851. Land conveyance, Haines Tank Farm, Haines, Alaska.
Sec. 2852. Release of reversionary interest, Camp Joseph T. Robinson, 
           Arkansas.
Sec. 2853. Transfer of administrative jurisdiction, Port Chicago Naval 
           Magazine, California.
Sec. 2854. Land conveyance, Ferndale housing at Centerville Beach Naval 
           Facility to City of Ferndale, California.
Sec. 2855. Land conveyances, Naval Air Station, Barbers Point, Hawaii.
Sec. 2856. Land conveyances of certain parcels in the Camp Catlin and 
           Ohana Nui areas, Pearl Harbor, Hawaii.
Sec. 2857. Modification of land conveyance, former Griffiss Air Force 
           Base, New York.
Sec. 2858. Land conveyance, Army Reserve Center, Chambersburg, 
           Pennsylvania.
Sec. 2859. Land conveyance, Ellsworth Air Force Base, South Dakota.
Sec. 2860. Land conveyance, Lackland Air Force Base, Texas.
Sec. 2861. Land Conveyance, Naval Air Station Oceana, Virginia.
Sec. 2862. Completion of land exchange and consolidation, Fort Lewis, 
           Washington.
Sec. 2863. Land conveyance, F.E. Warren Air Force Base, Cheyenne, 
           Wyoming.

                        Subtitle F--Other Matters

Sec. 2871. Revised authority to establish national monument to honor 
           United States Armed Forces working dog teams.
Sec. 2872. National D-Day Memorial study.
Sec. 2873. Conditions on establishment of Cooperative Security Location 
           in Palanquero, Colombia.
Sec. 2874. Military activities at United States Marine Corps Mountain 
           Warfare Training Center.

   TITLE XXIX--OVERSEAS CONTINGENCY OPERATIONS MILITARY CONSTRUCTION 
                             AUTHORIZATIONS

Sec. 2901. Authorized Army construction and land acquisition projects.
Sec. 2902. Authorized Air Force construction and land acquisition 
           projects.
Sec. 2903. Construction authorization for facilities for Office of 
           Defense Representative-Pakistan.

 DIVISION C--DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND 
                          OTHER AUTHORIZATIONS

       TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS

          Subtitle A--National Security Programs Authorizations

Sec. 3101. National Nuclear Security Administration.
Sec. 3102. Defense environmental cleanup.
Sec. 3103. Other defense activities.
Sec. 3104. Defense nuclear waste disposal.
Sec. 3105. Energy security and assurance.
Sec. 3106. Relation to funding tables.

    Subtitle B--Program Authorizations, Restrictions, and Limitations

Sec. 3111.  Stockpile stewardship program.
Sec. 3112. Report on stockpile stewardship criteria and assessment of 
           stockpile stewardship program.
Sec. 3113. Stockpile management program.
Sec. 3114. Dual validation of annual weapons assessment and 
           certification.
Sec. 3115. Elimination of nuclear weapons life extension program from 
           exception to requirement to request funds in budget of the 
           President.

[[Page 123 STAT. 2207]]

Sec. 3116. Long-term plan for the modernization and refurbishment of the 
           nuclear security complex.
Sec. 3117. Repeal of prohibition on funding activities associated with 
           international cooperative stockpile stewardship.
Sec. 3118. Modification of minor construction threshold for plant 
           projects.
Sec. 3119. Two-year extension of authority for appointment of certain 
           scientific, engineering, and technical personnel.
Sec. 3120. National Nuclear Security Administration authority for urgent 
           nonproliferation activities.
Sec. 3121. Repeal of sunset date for consolidation of 
           counterintelligence programs of Department of Energy and 
           National Nuclear Security Administration.

                           Subtitle C--Reports

Sec. 3131. National Academy of Sciences review of national security 
           laboratories.
Sec. 3132. Plan to ensure capability to monitor, analyze, and evaluate 
           foreign nuclear weapons activities.
Sec. 3133. Comptroller General study of stockpile stewardship program.
Sec. 3134. Comptroller General of the United States review of projects 
           carried out by the Office of Environmental Management of the 
           Department of Energy pursuant to the American Recovery and 
           Reinvestment Act of 2009.

                        Subtitle D--Other Matters

Sec. 3141. Ten-year plan for use and funding of certain Department of 
           Energy facilities.
Sec. 3142. Expansion of authority of Ombudsman of Energy Employees 
           Occupational Illness Compensation Program.
Sec. 3143. Identification in budget materials of amounts for certain 
           Department of Energy pension obligations.
Sec. 3144. Sense of Congress on production of molybdenum-99.

          TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD

Sec. 3201. Authorization.

                  TITLE XXXIV--NAVAL PETROLEUM RESERVES

Sec. 3401. Authorization of appropriations.

                   TITLE XXXV--MARITIME ADMINISTRATION

Sec. 3501. Authorization of appropriations for fiscal year 2010.
Sec. 3502. Unused leave balances.
Sec. 3503. Temporary program authorizing contracts with adjunct 
           professors at the United States Merchant Marine Academy.
Sec. 3504. Maritime loan guarantee program.
Sec. 3505. Defense measures against unauthorized seizures of Maritime 
           Security Fleet vessels.
Sec. 3506. Report on restrictions on United States-flagged commercial 
           vessel security.
Sec. 3507. Technical corrections to State maritime academies student 
           incentive program.
Sec. 3508. Cooperative agreements, administrative expenses, and 
           contracting authority.
Sec. 3509. Use of funding for DOT maritime heritage property.
Sec. 3510. Use of midshipman fees.
Sec. 3511. Construction of vessels in the United States policy.
Sec. 3512. Port infrastructure development program.
Sec. 3513. Reefs for marine life conservation program.
Sec. 3514. United States Merchant Marine Academy graduate program 
           receipt, disbursement, and accounting for nonappropriated 
           funds.
Sec. 3515. America's short sea transportation grants for the development 
           of marine highways.
Sec. 3516. Expansion of the Marine View system.

                       DIVISION D--FUNDING TABLES

Sec. 4001. Authorization of amounts in funding tables.

                         TITLE XLI--PROCUREMENT

Sec. 4101. Procurement.
Sec. 4102. Procurement for overseas contingency operations.

         TITLE XLII--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

Sec. 4201. Research, development, test, and evaluation.

[[Page 123 STAT. 2208]]

Sec. 4202. Research, development, test, and evaluation for overseas 
           contingency operations.

                 TITLE XLIII--OPERATION AND MAINTENANCE

Sec. 4301. Operation and maintenance.
Sec. 4302. Operation and maintenance for overseas contingency 
           operations.

                    TITLE XLIV--OTHER AUTHORIZATIONS

Sec. 4401. Other authorizations.
Sec. 4402. Other authorizations for overseas contingency operations.

             TITLE XLV--MILITARY CONSTRUCTION AUTHORIZATIONS

Sec. 4501. Military construction.
Sec. 4502. 2005 base realignment and closure round FY 2010 project 
           listing.
Sec. 4503. Military construction for overseas contingency operations.

       TITLE XLVI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS

Sec. 4601. Department of Energy national security programs.

 DIVISION E--MATTHEW SHEPARD AND JAMES BYRD, JR. HATE CRIMES PREVENTION 
                                   ACT

Sec. 4701. Short title.
Sec. 4702. Findings.
Sec. 4703. Definitions.
Sec. 4704. Support for criminal investigations and prosecutions by 
           State, local, and tribal law enforcement officials.
Sec. 4705. Grant program.
Sec. 4706. Authorization for additional personnel to assist State, 
           local, and tribal law enforcement.
Sec. 4707. Prohibition of certain hate crime acts.
Sec. 4708. Statistics.
Sec. 4709. Severability.
Sec. 4710. Rule of construction.
Sec. 4711. Guidelines for hate-crimes offenses.
Sec. 4712. Attacks on United States servicemen.
Sec. 4713. Report on mandatory minimum sentencing provisions.

SEC. 3. <<NOTE: 10 USC 101 note.>> CONGRESSIONAL DEFENSE 
                    COMMITTEES.

    For purposes of this Act, the term ``congressional defense 
committees'' has the meaning given that term in section 101(a)(16) of 
title 10, United States Code.

            DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS

                          TITLE I--PROCUREMENT

               Subtitle A--Authorization of Appropriations

Sec. 101. Army.
Sec. 102. Navy and Marine Corps.
Sec. 103. Air Force.
Sec. 104. Defense-wide activities.
Sec. 105. National Guard and Reserve equipment.
Sec. 106. Mine Resistant Ambush Protected Vehicle Fund.
Sec. 107. Relation to funding table.

                        Subtitle B--Army Programs

Sec. 111. Procurement of Future Combat Systems spin out early-infantry 
           brigade combat team equipment.

                        Subtitle C--Navy Programs

Sec. 121. Littoral Combat Ship program.
Sec. 122. Treatment of Littoral Combat Ship program as a major defense 
           acquisition program.

[[Page 123 STAT. 2209]]

Sec. 123. Report on strategic plan for homeporting the Littoral Combat 
           Ship.
Sec. 124. Advance procurement funding.
Sec. 125. Procurement programs for future naval surface combatants.
Sec. 126. Ford-class aircraft carrier report.
Sec. 127. Report on a service life extension program for Oliver Hazard 
           Perry class frigates.
Sec. 128. Conditional multiyear procurement authority for F/A-18E, F/A-
           18F, or EA-18G aircraft.

                     Subtitle D--Air Force Programs

Sec. 131. Report on the procurement of 4.5 generation fighter aircraft.
Sec. 132. Revised availability of certain funds available for the F-22A 
           fighter aircraft.
Sec. 133. Preservation and storage of unique tooling for F-22 fighter 
           aircraft.
Sec. 134. AC-130 gunships.
Sec. 135. Report on E-8C Joint Surveillance and Target Attack Radar 
           System re-engining.
Sec. 136. Repeal of requirement to maintain certain retired C-130E 
           aircraft.
Sec. 137. Limitation on retirement of C-5 aircraft.
Sec. 138. Reports on strategic airlift aircraft.
Sec. 139. Strategic airlift force structure.

               Subtitle E--Joint and Multiservice Matters

Sec. 141. Body armor procurement.
Sec. 142. Unmanned cargo-carrying-capable aerial vehicles.
Sec. 143. Modification of nature of data link for use by tactical 
           unmanned aerial vehicles.

               Subtitle A--Authorization of Appropriations

SEC. 101. ARMY.

    Funds are hereby authorized to be appropriated for fiscal year 2010 
for procurement for the Army as follows:
            (1) For aircraft, $5,110,352,000.
            (2) For missiles, $1,368,109,000.
            (3) For weapons and tracked combat vehicles, $2,439,052,000.
            (4) For ammunition, $2,058,895,000.
            (5) For other procurement, $9,450,863,000.
SEC. 102. NAVY AND MARINE CORPS.

    (a) Navy.--Funds are hereby authorized to be appropriated for fiscal 
year 2010 for procurement for the Navy as follows:
            (1) For aircraft, $18,842,112,000.
            (2) For weapons, including missiles and torpedoes, 
        $3,446,019,000.
            (3) For shipbuilding and conversion, $13,776,867,000.
            (4) For other procurement, $5,610,581,000.

    (b) Marine Corps.--Funds are hereby authorized to be appropriated 
for fiscal year 2010 for procurement for the Marine Corps in the amount 
of $1,603,738,000.
    (c) Navy and Marine Corps Ammunition.--Funds are hereby authorized 
to be appropriated for fiscal year 2010 for procurement of ammunition 
for the Navy and the Marine Corps in the amount of $814,015,000.
SEC. 103. AIR FORCE.

    Funds are hereby authorized to be appropriated for fiscal year 2010 
for procurement for the Air Force as follows:
            (1) For aircraft, $11,224,371,000.

[[Page 123 STAT. 2210]]

            (2) For ammunition, $822,462,000.
            (3) For missiles, $6,037,459,000.
            (4) For other procurement, $17,133,668,000.
SEC. 104. DEFENSE-WIDE ACTIVITIES.

    Funds are hereby authorized to be appropriated for fiscal year 2010 
for Defense-wide procurement in the amount of $4,090,816,000.
SEC. 105. NATIONAL GUARD AND RESERVE EQUIPMENT.

    Funds are hereby authorized to be appropriated for fiscal year 2010 
for the procurement of aircraft, missiles, wheeled and tracked combat 
vehicles, tactical wheeled vehicles, ammunition, other weapons, and 
other procurement for the reserve components of the Armed Forces in the 
amount of $600,000,000.
SEC. 106. MINE RESISTANT AMBUSH PROTECTED VEHICLE FUND.

    Funds are hereby authorized to be appropriated for fiscal year 2010 
for the Mine Resistant Ambush Protected Vehicle Fund in the amount of 
$600,000,000.
SEC. 107. RELATION TO FUNDING TABLE.

    The amounts authorized to be appropriated by sections 101, 102, 103, 
104, 105, and 106 shall be available, in accordance with the 
requirements of section 4001, for projects, programs, and activities, 
and in the amounts, specified in the funding table in section 4101.

                        Subtitle B--Army Programs

SEC. 111. PROCUREMENT OF FUTURE COMBAT SYSTEMS SPIN OUT EARLY-
                        INFANTRY BRIGADE COMBAT TEAM EQUIPMENT.

    (a) Limitation on Low-rate Initial Production Quantities.--
Notwithstanding section 2400 of title 10, United States Code, and except 
as provided in subsection (b), the Secretary of Defense may not procure 
more than one Future Combat Systems spin out early-infantry brigade 
combat team equipment set (in this section referred to as a ``brigade 
set'') for low-rate initial production.
    (b) Waiver.--The Under Secretary of Defense for Acquisition, 
Technology, and Logistics may waive the limitation in subsection (a) 
if--
            (1) the Under Secretary submits to Congress written 
        certification that--
                    (A) the Future Combat Systems spin out early-
                infantry brigade combat team program (in this section 
                referred to as the ``program'') requires low-rate 
                initial production in excess of 10 percent of the total 
                number of articles to be produced;
                    (B) the Director of Defense Research and Engineering 
                has completed a technology readiness assessment of the 
                program;
                    (C) the Director of Cost Assessment and Program 
                Evaluation has completed an independent cost estimate of 
                the program;

[[Page 123 STAT. 2211]]

                    (D) the Under Secretary has approved an acquisition 
                strategy and acquisition program baseline for the 
                program; and
                    (E) all of the systems constituting the brigade set 
                have been tested in their intended production 
                configuration; and
            (2) a period of 30 days has elapsed after the date on which 
        the certification under paragraph (1) is received.

    (c) Exception for Meeting Operational Need Statement Requirements.--
The limitation on low-rate initial production in subsection (a) does not 
apply to the procurement of individual components of a brigade set if 
the procurement of such components is specifically intended to address 
an operational need statement requirement (as described in Army 
Regulation 71-9 or a successor regulation).

                        Subtitle C--Navy Programs

SEC. 121. LITTORAL COMBAT SHIP PROGRAM.

    (a) Contract Authority.--
            (1) In general.--The Secretary of the Navy may procure up to 
        ten Littoral Combat Ships and 15 Littoral Combat Ship ship 
        control and weapon systems by entering into a contract using 
        competitive procedures. Such procurement may also include--
                    (A) materiel and equipment in economic order 
                quantities when cost savings are achievable; and
                    (B) cost reduction initiatives.
            (2) Liability.--A contract entered into under paragraph (1) 
        shall provide that any obligation of the United States to make a 
        payment under the contract is subject to the availability of 
        appropriations for that purpose, and that total liability to the 
        Government for termination of any contract entered into shall be 
        limited to the total amount of funding obligated at time of 
        termination.

    (b) Technical Data Package.--
            (1) Requirement.--As part of the solicitation for proposals 
        for a procurement authorized by subsection (a), the Secretary 
        shall require that an offeror submit a proposal that provides 
        for conveying a complete technical data package as part of a 
        proposal for a Littoral Combat Ship.
            (2) Rights of the united states.--The Secretary shall ensure 
        that the Government's rights in technical data for a Littoral 
        Combat Ship are sufficient to permit the Government to--
                    (A) conduct a competition for a second shipyard, as 
                soon as practicable; and
                    (B) transition the Littoral Combat Ship combat 
                systems to Government-furnished equipment to achieve 
                open architecture and foster competition to modernize 
                future systems.

    (c) Limitation of Costs.--
            (1) Limitation.--Except as provided in subsection (d), and 
        excluding amounts described in paragraph (2), beginning in 
        fiscal year 2011, the total amount obligated or expended for

[[Page 123 STAT. 2212]]

        the procurement of a Littoral Combat Ship awarded to a 
        contractor selected as part of a procurement authorized by 
        subsection (a) may not exceed $480,000,000 per vessel.
            (2) Exclusion.--The amounts described in this paragraph are 
        amounts associated with the following:
                    (A) Elements designated by the Secretary of the Navy 
                as a mission package.
                    (B) Plans.
                    (C) Technical data packages.
                    (D) Class design services.
                    (E) Post-delivery, outfitting, and program support 
                costs.

    (d) Waiver and Adjustment of Limitation Amount.--
            (1) Waiver.--The Secretary of the Navy may waive the 
        limitation in subsection (c)(1) with respect to a vessel if--
                    (A) the Secretary provides supporting data and 
                certifies in writing to the congressional defense 
                committees that--
                          (i) the total amount obligated or expended for 
                      procurement of the vessel-
                                    (I) is in the best interest of the 
                                United States; and
                                    (II) is affordable, within the 
                                context of the annual naval vessel 
                                construction plan required by section 
                                231 of title 10, United States Code; and
                          (ii) the total amount obligated or expended 
                      for procurement of at least one other vessel 
                      authorized by subsection (a) has been or is 
                      expected to be less than $480,000,000; and
                    (B) a period of not less than 30 days has expired 
                following the date on which such certification and data 
                are submitted to the congressional defense committees.
            (2) Adjustment.--The Secretary of the Navy may adjust the 
        amount set forth in subsection (c)(1) for Littoral Combat Ship 
        vessels referred to in that subsection by the following:
                    (A) The amounts of increases or decreases in costs 
                attributable to economic inflation after September 30, 
                2009.
                    (B) The amounts of increases or decreases in costs 
                attributable to compliance with changes in Federal, 
                State, or local laws enacted after September 30, 2009.
                    (C) The amounts of increases or decreases in costs 
                of the vessel that are attributable to insertion of new 
                technology into that vessel, as compared to the 
                technology built into the first or second vessels of the 
                Littoral Combat Ship class of vessels, if the Secretary 
                determines, and certifies to the congressional defense 
                committees, that insertion of the new technology--
                          (i) is expected to decrease the life-cycle 
                      cost of the vessel; or
                          (ii) is required to meet an emerging threat 
                      that poses grave harm to national security.
                    (D) The amounts of increases or decreases in costs 
                required to correct deficiencies that may affect the 
                safety of the vessel and personnel or otherwise preclude 
                the vessel from safe operations and crew certifications.

    (e) Annual Reports.--At the same time that the budget is submitted 
under section 1105(a) of title 31, United States Code, for each fiscal 
year, the Secretary of the Navy shall submit to

[[Page 123 STAT. 2213]]

the congressional defense committees a report on Littoral Combat Ship 
vessels. Each such report shall include the following:
            (1) The current (as of the date of the report) and projected 
        total basic construction costs, Government-furnished equipment 
        costs, and other program costs associated with each of the 
        Littoral Combat Ships under construction.
            (2) Written notice of any adjustment in the amount set forth 
        in subsection (c)(1) made during the preceding fiscal year that 
        the Secretary adjusted under the authority provided in 
        subsection (d)(2).
            (3) A summary of investment made by the Government for cost-
        reduction initiatives and the projected savings or cost 
        avoidance based on those investments.
            (4) A summary of investment made by the construction yard to 
        improve efficiency and optimization of construction along with 
        the projected savings or cost avoidance based on those 
        investments.
            (5) Information, current as of the date of the report, 
        regarding--
                    (A) the content of any element of the Littoral 
                Combat Ship class of vessels that is designated as a 
                mission package;
                    (B) the estimated cost of any such element; and
                    (C) the total number of such elements anticipated.

    (f) Definitions.--In this section:
            (1) The term ``mission package'' means the interchangeable 
        systems that deploy with a Littoral Combat Ship vessel.
            (2) The term ``technical data package'' means a compilation 
        of detailed engineering plans and specifications for 
        construction of the vessels.
            (3) The term ``total amount obligated or expended for 
        procurement'', with respect to a Littoral Combat Ship, means the 
        sum of the costs of basic construction and Government-furnished 
        equipment for the ship.

    (g) Conforming Repeal.--Section 124 of the National Defense 
Authorization Act for Fiscal Year 2006 (Public Law 109-163; 119 Stat. 
3157), as amended by section 125 of the National Defense Authorization 
Act for Fiscal Year 2008 (Public Law 110-181; 122 Stat. 29) and section 
122 of the Duncan Hunter National Defense Authorization Act for Fiscal 
Year 2009 (Public Law 110-417; 122 Stat. 4376), is repealed.
SEC. 122. TREATMENT OF LITTORAL COMBAT SHIP PROGRAM AS A MAJOR 
                        DEFENSE ACQUISITION PROGRAM.

    Effective <<NOTE: Effective date.>>  as of the date of the enactment 
of this Act, the program for the Littoral Combat Ship shall be treated 
as a major defense acquisition program for purposes of chapter 144 of 
title 10, United States Code.
SEC. 123. REPORT ON STRATEGIC PLAN FOR HOMEPORTING THE LITTORAL 
                        COMBAT SHIP.

    (a) Report Required.--At the same time that the budget is submitted 
under section 1105(a) of title 31, United States Code, for fiscal year 
2011, the Secretary of the Navy shall submit to the congressional 
defense committees a report setting forth the strategic plan of the Navy 
for homeporting the Littoral Combat Ship on the east coast and west 
coast of the United States.

[[Page 123 STAT. 2214]]

    (b) Elements.--The report required by subsection (a) shall include 
the following:
            (1) An analysis of how the homeporting plan would support 
        the requirements of the commanders of the combatant commands, by 
        geographic area of responsibility, for the capabilities 
        delivered by Littoral Combat Ships, including the notional 
        transit times to the various geographic areas of responsibility.
            (2) An assessment of the effect that each type of Littoral 
        Combat Ship would have on each port in which such ship could be 
        homeported, including an identification of the infrastructure 
        required to support each such ship with respect to--
                    (A) the availability of pier space with supporting 
                ship services infrastructure, taking into account the 
                largest fleet size envisioned by the long-term plan for 
                the construction of naval vessels submitted for fiscal 
                year 2011;
                    (B) the logistical and maintenance support services 
                required in any port chosen for the Littoral Combat 
                Ships; and
                    (C) any investment in naval station infrastructure 
                required for homeporting Littoral Combat Ships 
                (including a plan for such investment).
            (3) With respect to the projected force structure size of 
        the Navy in fiscal year 2020, a graphical depiction of the total 
        planned ships berthing in the pier areas of any naval facility 
        chosen to homeport Littoral Combat Ships, including the 
        identification of the ships berthing plan for the maximum number 
        of ships expected in-port at any one time.
SEC. 124. ADVANCE PROCUREMENT FUNDING.

    (a) <<NOTE: 10 USC 7291 note.>> Advance Procurement.--With respect 
to a naval vessel for which amounts are authorized to be appropriated or 
otherwise made available for fiscal year 2010 or any fiscal year 
thereafter for advance procurement in shipbuilding and conversion, Navy, 
the Secretary of the Navy may enter into a contract, in advance of a 
contract for construction of any vessel, for any of the following:
            (1) Components, parts, or materiel.
            (2) Production planning and other related support services 
        that reduce the overall procurement lead time of such vessel.

    (b) Aircraft Carrier Designated CVN-79.--With respect to components 
of the aircraft carrier designated CVN-79 for which amounts are 
authorized to be appropriated or otherwise made available for fiscal 
year 2010 or any fiscal year thereafter for advance procurement in 
shipbuilding and conversion, Navy, the Secretary of the Navy may enter 
into a contract for the advance construction of such components if the 
Secretary determines that cost savings, construction efficiencies, or 
workforce stability may be achieved for such aircraft carrier through 
the use of such contract.
    (c) Condition of Out-year Contract Payments.--A contract entered 
into under subsection (b) shall provide that any obligation of the 
United States to make a payment under such contract for any fiscal year 
after fiscal year 2010 is subject to the availability of appropriations 
for that purpose for such fiscal year.
SEC. 125. <<NOTE: Deadlines. 10 USC 7291 note.>> PROCUREMENT 
                        PROGRAMS FOR FUTURE NAVAL SURFACE 
                        COMBATANTS.

    (a) Limitation on Availability of Funds Pending Reports About 
Surface Combatant Shipbuilding Programs.--The Secretary of the Navy may 
not obligate or expend funds for the

[[Page 123 STAT. 2215]]

construction of, or advanced procurement of materials for, a surface 
combatant to be constructed after fiscal year 2011 until the Secretary 
has submitted to Congress each of the following:
            (1) An acquisition strategy for such surface combatants that 
        has been approved by the Under Secretary of Defense for 
        Acquisition, Technology, and Logistics.
            (2) Certification that the Joint Requirements Oversight 
        Council--
                    (A) has been briefed on the acquisition strategy to 
                procure such surface combatants; and
                    (B) has concurred that such strategy is the best 
                preferred approach to deliver required capabilities to 
                address future threats, as reflected in the latest 
                assessment by the defense intelligence community.
            (3) A verification by, and conclusions of, an independent 
        review panel that, in evaluating the program or programs 
        concerned, the Secretary of the Navy considered each of the 
        following:
                    (A) Modeling and simulation, including war gaming 
                conclusions regarding combat effectiveness for the 
                selected ship platforms as compared to other reasonable 
                alternative approaches.
                    (B) Assessments of platform operational 
                availability.
                    (C) Life cycle costs, including vessel manning 
                levels, to accomplish missions.
                    (D) The differences in cost and schedule arising 
                from the need to accommodate new sensors and weapons in 
                surface combatants to be constructed after fiscal year 
                2011 to counter the future threats referred to in 
                paragraph (2), when compared with the cost and schedule 
                arising from the need to accommodate sensors and weapons 
                on surface combatants as contemplated by the 2009 
                shipbuilding plan for the vessels concerned.
            (4) The conclusions of a joint review by the Secretary of 
        the Navy and the Director of the Missile Defense Agency setting 
        forth additional requirements for investment in Aegis ballistic 
        missile defense beyond the number of DDG-51 and CG-47 vessels 
        planned to be equipped for this mission area in the budget of 
        the President for fiscal year 2010 (as submitted to Congress 
        pursuant to section 1105 of title 31, United States Code).

    (b) Future Surface Combatant Acquisition Strategy.-- 
<<NOTE: Reports.>> Not later than the date upon which the President 
submits to Congress the budget for fiscal year 2012 (as so submitted), 
the Secretary of the Navy shall submit to the congressional defense 
committees an update to the open architecture report to Congress that 
reflects the Navy's combat systems acquisition plans for the surface 
combatants to be procured in fiscal year 2012 and fiscal years 
thereafter.

    (c) <<NOTE: Reports.>> Naval Surface Fire Support.--Not later than 
120 days after the enactment of this Act, the Secretary of the Navy 
shall submit to the congressional defense committees an update to the 
March 2006 Report to Congress on Naval Surface Fire Support. The update 
shall identify how the Department of Defense intends to address any 
shortfalls between required naval surface fire support capability and 
the plan of the Navy to provide that capability. The update shall 
include addenda by the Chief of Naval Operations

[[Page 123 STAT. 2216]]

and Commandant of the Marine Corps, as was the case in the 2006 report.

    (d) Technology Roadmap for Future Surface Combatants and Fleet 
Modernization.--
            (1) In general.-- <<NOTE: Plan.>> Not later than 120 days 
        after the date of the enactment of this Act, the Secretary of 
        the Navy shall develop a plan to incorporate into surface 
        combatants constructed after 2011, and into fleet modernization 
        programs, the technologies developed for the DDG-1000 destroyer 
        and the DDG-51 and CG-47 Aegis ships, including technologies and 
        systems designed to achieve significant manpower savings.
            (2) Scope of plan.--The plan required by paragraph (1) shall 
        include sufficient detail for systems and subsystems to ensure 
        that the plan--
                    (A) avoids redundant development for common 
                functions;
                    (B) reflects implementation of Navy plans for 
                achieving an open architecture for all naval surface 
                combat systems; and
                    (C) fosters competition.

    (e) Definitions.--In this section:
            (1) The term ``2009 shipbuilding plan'' means the 30-year 
        shipbuilding plan submitted to Congress pursuant to section 231, 
        title 10, United States Code, together with the budget of the 
        President for fiscal year 2009 (as submitted to Congress 
        pursuant to section 1105 of title 31, United States Code).
            (2) The term ``surface combatant'' means a cruiser, a 
        destroyer, or any naval vessel, excluding Littoral Combat Ships, 
        under a program currently designated as a future surface 
        combatant program.
SEC. 126. FORD-CLASS AIRCRAFT CARRIER REPORT.

    Not later than February 1, 2010, the Secretary of the Navy shall 
submit to the congressional defense committees a report on the effects 
of using a five-year interval for the construction of Ford-class 
aircraft carriers. The report shall include, at a minimum, an assessment 
of the effects of such five-year interval on the following:
            (1) With respect to the supplier base--
                    (A) the viability of the base, including suppliers 
                exiting the market or other potential reductions in 
                competition; and
                    (B) cost increases to the Ford-class aircraft 
                carrier program.
            (2) Training of individuals in trades related to ship 
        construction.
            (3) Loss of expertise associated with ship construction.
            (4) The costs of--
                    (A) any additional technical support or production 
                planning associated with the start of construction;
                    (B) material and labor;
                    (C) overhead; and
                    (D) other ship construction programs, including the 
                costs of existing and future contracts.

[[Page 123 STAT. 2217]]

SEC. 127. REPORT ON A SERVICE LIFE EXTENSION PROGRAM FOR OLIVER 
                        HAZARD PERRY CLASS FRIGATES.

    Not later than 90 days after the date of the enactment of this Act, 
the Secretary of the Navy shall submit to the congressional defense 
committees a report setting forth the following:
            (1) A detailed analysis of a service life extension program 
        for the Oliver Hazard Perry class frigates, including--
                    (A) the cost of the program;
                    (B) a notional schedule for the program; and
                    (C) the shipyards available to carry out the work 
                under the program.
            (2) The strategic plan of the Navy for--
                    (A) the manner in which the Littoral Combat Ship 
                will fulfill the roles and missions currently performed 
                by the Oliver Hazard Perry class frigates as such 
                frigates are decommissioned; and
                    (B) the year-by-year planned commissioning of 
                Littoral Combat Ships and planned decommissioning of 
                Oliver Hazard Perry class frigates through the projected 
                service life of the Oliver Hazard Perry class frigates.
            (3) An analysis of the necessary procurement rates of 
        Littoral Combat Ships if the extension of the service life of 
        the Oliver Hazard Perry class frigates alleviates capability 
        gaps caused by a delay in the procurement rates of Littoral 
        Combat Ships.
            (4) A description of the manner in which the Navy has met 
        the requirements of the United States Southern Command over 
        time, including the assets and vessels the Navy has deployed for 
        military-to-military engagements, UNITAS exercises, and 
        counterdrug operations in support of the Commander of the United 
        States Southern Command during the five-year period ending on 
        the date of the report.
SEC. 128. CONDITIONAL MULTIYEAR PROCUREMENT AUTHORITY FOR F/A-18E, 
                        F/A-18F, OR EA-18G AIRCRAFT.

    (a) Authority for Multiyear Procurement.--
            (1) In general.--Subject to section 2306b of title 10, 
        United States Code, the Secretary of the Navy may enter into a 
        multiyear contract for the procurement of F/A-18E, F/A-18F, or 
        EA-18G aircraft.
            (2) Submission of written certification by secretary of 
        defense.--For purposes of paragraph (1), the term ``March 1 of 
        the year in which the Secretary requests legislative authority 
        to enter into such contract'' in section 2306b(i)(1) of such 
        title shall be deemed to be a reference to March 1, 2010.

    (b) Contract Requirement.--A multiyear contract entered into under 
subsection (a) shall provide that any obligation of the United States to 
make a payment under the contract is subject to the availability of 
appropriations for that purpose.
    (c) Report of Findings.--In addition to any reports or 
certifications required by section 2306b of title 10, United States 
Code, not later than March 1, 2010, the Secretary of Defense shall 
submit to the congressional defense committees a report on how the 
findings and conclusions of the quadrennial defense review under section 
118 of such title and the 30-year aviation plan under section 231a of 
such title have informed the acquisition strategy of the

[[Page 123 STAT. 2218]]

Secretary with regard to the F/A-18E, F/A-18F, and EA-18G aircraft 
programs of record.
    (d) Sunset.--
            (1) Termination date.--Except as provided in paragraph (2), 
        the authority to enter into a multiyear contract under 
        subsection (a) shall terminate on May 1, 2010.
            (2) <<NOTE: Notification.>> Extension.--The Secretary of the 
        Navy may enter into a multiyear contract under subsection (a) 
        until September 30, 2010, if the Secretary notifies the 
        congressional defense committees in writing--
                    (A) that the administrative processes or other 
                contracting activities necessary for executing this 
                authority cannot be completed before May 1, 2010; and
                    (B) of the date, on or before September 30, 2010, on 
                which the Secretary plans to enter into such multiyear 
                contract.

                     Subtitle D--Air Force Programs

SEC. 131. REPORT ON THE PROCUREMENT OF 4.5 GENERATION FIGHTER 
                        AIRCRAFT.

    (a) In General.--Not later than 90 days after the date of the 
enactment of this Act, the Secretary of Defense shall submit to the 
congressional defense committees a report on the procurement of 4.5 
generation fighter aircraft. The report shall include the following:
            (1) The number of 4.5 generation fighter aircraft needed to 
        be procured during fiscal years 2011 through 2025 to fulfill the 
        requirement of the Air Force to maintain not less than 2,200 
        tactical fighter aircraft.
            (2) The estimated procurement costs for those aircraft if 
        procured through annual procurement contracts.
            (3) The estimated procurement costs for those aircraft if 
        procured through multiyear procurement contracts.
            (4) The estimated savings that could be derived from the 
        procurement of those aircraft through a multiyear procurement 
        contract, and whether the Secretary determines the amount of 
        those savings to be substantial.
            (5) A discussion comparing the costs and benefits of 
        obtaining those aircraft through annual procurement contracts 
        with the costs and benefits of obtaining those aircraft through 
        a multiyear procurement contract.
            (6) A discussion regarding the availability and feasibility 
        of procuring F-35 aircraft to proportionally and concurrently 
        recapitalize the Air National Guard during fiscal years 2015 
        through fiscal year 2025.

    (b) 4.5 Generation Fighter Aircraft Defined.--In this section, the 
term ``4.5 generation fighter aircraft'' means current fighter aircraft, 
including the F-15, F-16, and F-18, that--
            (1) have advanced capabilities, including--
                    (A) AESA radar;
                    (B) high capacity data-link; and
                    (C) enhanced avionics; and
            (2) have the ability to deploy current and reasonably 
        foreseeable advanced armaments.

[[Page 123 STAT. 2219]]

SEC. 132. REVISED AVAILABILITY OF CERTAIN FUNDS AVAILABLE FOR THE 
                        F-22A FIGHTER AIRCRAFT.

    (a) Repeal of Authority on Availability of Fiscal Year 2009 Funds.--
Section 134 of the Duncan Hunter National Defense Authorization Act for 
Fiscal Year 2009 (Public Law 110-417; 122 Stat. 4378) is repealed.
    (b) Availability of Advance Procurement Funds for Other F-22A 
Aircraft Modernization Priorities.--Subject to the provisions of 
appropriations Acts and applicable requirements relating to the transfer 
of funds, the Secretary of the Air Force may transfer amounts authorized 
to be appropriated for fiscal year 2009 by section 103(1) of the Duncan 
Hunter National Defense Authorization Act for Fiscal Year 2009 (Public 
Law 110-417; 122 Stat. 4373) for aircraft procurement for the Air Force 
and available for advance procurement for the F-22A fighter aircraft 
within that subaccount or to other subaccounts for aircraft procurement 
for the Air Force for purposes of providing funds for other 
modernization priorities with respect to the F-22A fighter aircraft.
SEC. 133. PRESERVATION AND STORAGE OF UNIQUE TOOLING FOR F-22 
                        FIGHTER AIRCRAFT.

    (a) Plan.--The Secretary of the Air Force shall develop a plan for 
the preservation and storage of unique tooling related to the production 
of hardware and end items for F-22 fighter aircraft. The plan shall--
            (1) ensure that the Secretary preserves and stores required 
        tooling in a manner that--
                    (A) allows the production of such hardware and end 
                items to be restarted after a period of idleness; and
                    (B) provides for the long-term sustainment and 
                repair of such hardware and end items;
            (2) with respect to the supplier base of such hardware and 
        end items, identify the costs of restarting production; and
            (3) identify any contract modifications, additional 
        facilities, or funding that the Secretary determines necessary 
        to carry out the plan.

    (b) Restriction on the Use of Funds.-- 
<<NOTE: Deadline. Reports.>> None of the amounts authorized to be 
appropriated by this Act or otherwise made available for fiscal year 
2010 for aircraft procurement, Air Force, for F-22 fighter aircraft may 
be obligated or expended for activities related to disposing of F-22 
production tooling until a period of 45 days has elapsed after the date 
on which the Secretary submits to Congress a report describing the plan 
required by subsection (a).
SEC. 134. AC-130 GUNSHIPS.

    (a) Report on Reduction in Service Life in Connection With 
Accelerated Deployment.--Not later than 90 days after the date of the 
enactment of this Act, the Secretary of the Air Force, in consultation 
with the Commander of the United States Special Operations Command, 
shall submit to the congressional defense committees an assessment of 
the reduction in the service life of AC-130 gunships of the Air Force as 
a result of the accelerated deployments of such gunships that are 
anticipated during the seven- to ten-year period beginning with the date 
of the enactment of this Act, assuming that operating tempo continues at

[[Page 123 STAT. 2220]]

a rate per year that is similar to the average rate per year of the five 
years preceding the date of the report.
    (b) Elements.--The report required by subsection (a) shall include 
the following:
            (1) An estimate by series of the maintenance costs for the 
        AC-130 gunships during the period described in subsection (a), 
        including any major airframe and engine overhauls of such 
        aircraft anticipated during that period.
            (2) A description by series of the age, serviceability, and 
        capabilities of the armament systems of the AC-130 gunships.
            (3) An estimate by series of the costs of modernizing the 
        armament systems of the AC-130 gunships to achieve any necessary 
        capability improvements.
            (4) A description by series of the age and capabilities of 
        the electronic warfare systems of the AC-130 gunships, and an 
        estimate of the cost of upgrading such systems during that 
        period to achieve any necessary capability improvements.
            (5) A description by series of the age of the avionics 
        systems of the AC-130 gunships and an estimate of the cost of 
        upgrading such systems during that period to achieve any 
        necessary capability improvements.

    (c) Form.--The report required by subsection (a) shall be submitted 
in unclassified form, but may include a classified annex.
    (d) Analysis of Alternatives.--The Secretary of the Air Force, in 
consultation with the Commander of the United States Special Operations 
Command, shall conduct an analysis of alternatives for any gunship 
modernization requirements identified by the 2009 quadrennial defense 
review under section 118 of title 10, United States 
Code. <<NOTE: Deadline.>> The results of the analysis of alternatives 
shall be provided to the congressional defense committees not later than 
18 months after the completion of the 2009 quadrennial defense review.
SEC. 135. REPORT ON E-8C JOINT SURVEILLANCE AND TARGET ATTACK 
                        RADAR SYSTEM RE-ENGINING.

    (a) In General.--Not later than 90 days after the date of the 
enactment of this Act, the Secretary of the Air Force shall submit to 
the congressional defense committees a report on replacing the engines 
of E-8C Joint Surveillance and Target Attack Radar System aircraft (in 
this section referred to as ``Joint STARS aircraft''). The report shall 
include the following:
            (1) An assessment of funding alternatives and options for 
        accelerating funding for the fielding of Joint STARS aircraft 
        with replaced engines.
            (2) An analysis of the tradeoffs involved in the decision to 
        replace the engines of Joint STARS aircraft or not to replace 
        those engines, including the potential cost savings from 
        replacing those engines and the operational impacts of not 
        replacing those engines.
            (3) An identification of the optimum path forward for 
        replacing the engines of Joint STARS aircraft and modernizing 
        the Joint STARS fleet.

    (b) Limitation on Certain Actions.--The Secretary of the Air Force 
may not take any action that would adversely impact the pace of the 
execution of the program to replace the engines of Joint STARS aircraft 
before submitting the report required by subsection (a).

[[Page 123 STAT. 2221]]

SEC. 136. REPEAL OF REQUIREMENT TO MAINTAIN CERTAIN RETIRED C-130E 
                        AIRCRAFT.

    Section 134 of the National Defense Authorization Act for Fiscal 
Year 2008 (Public Law 110-181; 122 Stat. 31) is amended--
            (1) by striking subsection (c);
            (2) by redesignating subsection (d) as subsection (c); and
            (3) in subsection (b), by striking ``subsection (d)'' and 
        inserting ``subsection (c)''.
SEC. 137. LIMITATION ON RETIREMENT OF C-5 AIRCRAFT.

    (a) Limitation.--The Secretary of the Air Force may not proceed with 
a decision to retire C-5A aircraft from the active inventory of the Air 
Force in any number that would reduce the total number of such aircraft 
in the active inventory below 111 until--
            (1) the Air Force has modified a C-5A aircraft to the 
        configuration referred to as the Reliability Enhancement and 
        Reengining Program (RERP) configuration, as planned under the C-
        5 System Development and Demonstration program as of May 1, 
        2003; and
            (2) the Director of Operational Test and Evaluation of the 
        Department of Defense--
                    (A) conducts an operational evaluation of that 
                aircraft, as so modified; and
                    (B) <<NOTE: Assessment.>> provides to the Secretary 
                of Defense and the congressional defense committees an 
                operational assessment.

    (b) Operational Evaluation.--An operational evaluation for purposes 
of paragraph (2)(A) of subsection (a) is an evaluation, conducted during 
operational testing and evaluation of the aircraft, as so modified, of 
the performance of the aircraft with respect to reliability, 
maintainability, and availability and with respect to critical 
operational issues.
    (c) Operational Assessment.--An operational assessment for purposes 
of paragraph (2)(B) of subsection (a) is an operational assessment of 
the program to modify C-5A aircraft to the configuration referred to in 
subsection (a)(1) regarding both overall suitability and deficiencies of 
the program to improve performance of the C-5A aircraft relative to 
requirements and specifications for reliability, maintainability, and 
availability of that aircraft as in effect on May 1, 2003.
    (d) <<NOTE: Deadlines.>> Additional Limitations on Retirement of 
Aircraft.--The Secretary of the Air Force may not retire C-5 aircraft 
from the active inventory as of the date of the enactment of this Act 
until the later of the following:
            (1) The date that is 90 days after the date on which the 
        Director of Operational Test and Evaluation submits the report 
        referred to in subsection (a)(2)(B).
            (2) The date that is 90 days after the date on which the 
        Secretary submits the report required under subsection (e).
            (3) <<NOTE: Certification.>> The date that is 30 days after 
        the date on which the Secretary certifies to the congressional 
        defense committees that--
                    (A) the retirement of such aircraft will not 
                increase the operational risk of meeting the National 
                Defense Strategy; and

[[Page 123 STAT. 2222]]

                    (B) the retirement of such aircraft will not reduce 
                the total strategic airlift force structure below 316 
                strategic airlift aircraft.

    (e) Report on Retirement of Aircraft.--The Secretary of the Air 
Force shall submit to the congressional defense committees a report 
setting forth the following:
            (1) The rationale for the retirement of existing C-5 
        aircraft and a cost-benefit analysis of alternative strategic 
        airlift force structures, including the force structure that 
        would result from the retirement of such aircraft.
            (2) An updated assessment to the assessment of the Under 
        Secretary for Acquisition, Technology, and Logistics certified 
        on February 14, 2008, concerning the costs and benefits of 
        applying the Reliability Enhancement and Re-engining Program 
        (RERP) modification to the entire the C-5A aircraft fleet.
            (3) An assessment of the implications for the Air Force, the 
        Air National Guard, and the Air Force Reserve of operating a mix 
        of C-5A aircraft and C-5M aircraft.
            (4) An assessment of the costs and benefits of increasing 
        the number of C-5 aircraft in Back-up Aircraft Inventory (BAI) 
        status as a hedge against future requirements of such aircraft.
            (5) An assessment of the costs, benefits, and implications 
        of transferring C-5 aircraft to United States flag carriers 
        operating in the Civil Reserve Air Fleet (CRAF) program or to 
        coalition partners in lieu of the retirement of such aircraft.
            (6) Such other matters relating to the retirement of C-5 
        aircraft as the Secretary considers appropriate.
SEC. 138. REPORTS ON STRATEGIC AIRLIFT AIRCRAFT.

    At least 90 days before the date on which a C-5 aircraft is retired, 
the Secretary of the Air Force, in consultation with the Director of the 
Air National Guard, shall submit to the congressional defense committees 
a report on the proposed force structure and basing of strategic airlift 
aircraft (as defined in section 8062(g)(2) of title 10, United States 
Code). Each report shall include the following:
            (1) A list of each aircraft in the inventory of strategic 
        airlift aircraft, including for each such aircraft--
                    (A) the type;
                    (B) the variant; and
                    (C) the military installation where such aircraft is 
                based.
            (2) A list of each strategic airlift aircraft proposed for 
        retirement, including for each such aircraft--
                    (A) the type;
                    (B) the variant; and
                    (C) the military installation where such aircraft is 
                based.
            (3) A list of each unit affected by a proposed retirement 
        listed under paragraph (2) and how such unit is affected.
            (4) For each military installation listed under paragraph 
        (2)(C), changes, if any, to the mission of the installation as a 
        result of a proposed retirement.
            (5) Any anticipated reductions in manpower as a result of a 
        proposed retirement listed under paragraph (2).

[[Page 123 STAT. 2223]]

SEC. 139. STRATEGIC AIRLIFT FORCE STRUCTURE.

    Subsection (g)(1) of section 8062 of title 10, United States Code, 
is amended--
            (1) by striking ``2008'' and inserting ``2009''; and
            (2) by striking ``299'' and inserting ``316''.

               Subtitle E--Joint and Multiservice Matters

SEC. 141. BODY ARMOR PROCUREMENT.

    (a) Procurement.--The Secretary of Defense shall ensure that body 
armor is procured using funds authorized to be appropriated by this 
title.
    (b) Procurement <<NOTE: 10 USC 221 note.>> Line Item.--In the budget 
materials submitted to the President by the Secretary of Defense in 
connection with the submission to Congress, pursuant to section 1105 of 
title 31, United States Code, of the budget for fiscal year 2011, and 
each subsequent fiscal year, the Secretary shall ensure that within each 
military department procurement account, a separate, dedicated 
procurement line item is designated for body armor.
SEC. 142. UNMANNED CARGO-CARRYING-CAPABLE AERIAL VEHICLES.

    None <<NOTE: Deadline. Certification.>> of the amounts authorized to 
be appropriated for procurement may be obligated or expended for an 
unmanned cargo-carrying-capable aerial vehicle until a period of 15 days 
has elapsed after the date on which the Vice Chairman of the Joint 
Chiefs of Staff and the Under Secretary of Defense for Acquisition, 
Technology, and Logistics certify to the congressional defense 
committees that the Joint Requirements Oversight Council has approved a 
joint and common requirement for an unmanned cargo-carrying-capable 
aerial vehicle type.
SEC. 143. MODIFICATION OF NATURE OF DATA LINK FOR USE BY TACTICAL 
                        UNMANNED AERIAL VEHICLES.

    Section 141(a)(1) of the National Defense Authorization Act for 
Fiscal Year 2006 (Public Law 109-163; 119 Stat. 3164) is amended by 
striking ``, until such time as the Tactical Common Data Link standard 
is replaced by an updated standard for use by those vehicles'' and 
inserting ``or a data link that uses waveform capable of transmitting 
and receiving Internet Protocol communications''.

          TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

               Subtitle A--Authorization of Appropriations

Sec. 201. Authorization of appropriations.
Sec. 202. Relation to funding table.

     Subtitle B--Program Requirements, Restrictions, and Limitations

Sec. 211. Extension and enhancement of Global Research Watch Program.
Sec. 212. Permanent authority for the Joint Defense Manufacturing 
           Technology Panel.
Sec. 213. Elimination of report requirements regarding Defense Science 
           and Technology Program.
Sec. 214. Authorization for the Secretary of the Navy to purchase 
           infrastructure and Government purpose rights license 
           associated with the Navy-Marine Corps intranet.

[[Page 123 STAT. 2224]]

Sec. 215. Limitation on expenditure of funds for Joint Multi-Mission 
           Submersible program.
Sec. 216. Separate program elements required for research and 
           development of individual body armor and associated 
           components.
Sec. 217. Separate procurement and research, development, test, and 
           evaluation line items and program elements for the F-35B and 
           F-35C joint strike fighter aircraft.
Sec. 218. Restriction on obligation of funds for Army tactical ground 
           network program pending receipt of report.
Sec. 219. Programs for ground combat vehicle and self-propelled howitzer 
           capabilities for the Army.
Sec. 220. Guidance on budget justification materials describing funding 
           requested for operation, sustainment, modernization, and 
           personnel of major ranges and test facilities.
Sec. 221. Assessment of technological maturity and integration risk of 
           Army modernization programs.
Sec. 222. Assessment of activities for technology modernization of the 
           combat vehicle and armored tactical wheeled vehicle fleets.

                  Subtitle C--Missile Defense Programs

Sec. 231. Sense of Congress on ballistic missile defense.
Sec. 232. Assessment and plan for the Ground-based Midcourse Defense 
           element of the Ballistic Missile Defense System.
Sec. 233. Continued production of Ground-based Interceptor missile and 
           operation of Missile Field 1 at Fort Greely, Alaska.
Sec. 234. Limitation on availability of funds for acquisition or 
           deployment of missile defenses in Europe.
Sec. 235. Authorization of funds for development and deployment of 
           alternative missile defense systems in Europe.
Sec. 236. Comprehensive plan for test and evaluation of the ballistic 
           missile defense system.
Sec. 237. Study on discrimination capabilities of ballistic missile 
           defense system.
Sec. 238. Ascent phase missile defense strategy and plan.
Sec. 239. Extension of deadline for study on boost-phase missile 
           defense.

                           Subtitle D--Reports

Sec. 241. Repeal of requirement for biennial joint warfighting science 
           and technology plan.
Sec. 242. Modification of reporting requirement for defense 
           nanotechnology research and development program.
Sec. 243. Comptroller General assessment of coordination of energy 
           storage device requirements, purchases, and investments.
Sec. 244. Annual Comptroller General report on the F-35 Lightning II 
           aircraft acquisition program.
Sec. 245. Report on integration of Department of Defense intelligence, 
           surveillance, and reconnaissance capabilities.
Sec. 246. Report on future research and development of man-portable and 
           vehicle-mounted guided missile systems.
Sec. 247. Report on the development of command and control systems.
Sec. 248. Evaluation of Extended Range Modular Sniper Rifle Systems.

                        Subtitle E--Other Matters

Sec. 251. Enhancement of duties of Director of Department of Defense 
           Test Resource Management Center with respect to the Major 
           Range and Test Facility Base.
Sec. 252. Establishment of program to enhance participation of 
           historically black colleges and universities and minority-
           serving institutions in defense research programs.
Sec. 253. Extension of authority to award prizes for advanced technology 
           achievements.
Sec. 254. Authority for National Aeronautics and Space Administration 
           federally funded research and development centers to 
           participate in merit-based technology research and 
           development programs.
Sec. 255. Next generation bomber aircraft.

[[Page 123 STAT. 2225]]

               Subtitle A--Authorization of Appropriations

SEC. 201. AUTHORIZATION OF APPROPRIATIONS.

    Funds are hereby authorized to be appropriated for fiscal year 2010 
for the use of the Department of Defense for research, development, 
test, and evaluation as follows:
            (1) For the Army, $10,638,534,000.
            (2) For the Navy, $19,607,161,000.
            (3) For the Air Force, $28,401,642,000.
            (4) For Defense-wide activities, $20,604,271,000, of which 
        $190,770,000 is authorized for the Director of Operational Test 
        and Evaluation.
SEC. 202. RELATION TO FUNDING TABLE.

    The amounts authorized to be appropriated by section 201 shall be 
available, in accordance with the requirements of section 4001, for 
projects, programs, and activities, and in the amounts, specified in the 
funding table in section 4201.

     Subtitle B--Program Requirements, Restrictions, and Limitations

SEC. 211. EXTENSION AND ENHANCEMENT OF GLOBAL RESEARCH WATCH 
                        PROGRAM.

    (a) Limitation on Availability of Certain Funds for Military 
Departments Pending Provision of Assistance Under Program.--Subsection 
(d) of section 2365 of title 10, United States Code, is amended by 
adding at the end the following new paragraph:
    ``(3)(A) <<NOTE: Certification.>>  Funds available to a military 
department for a fiscal year for monitoring or analyzing the research 
activities and capabilities of foreign nations may not be obligated or 
expended until the Director certifies to the Under Secretary of Defense 
for Acquisition, Technology, and Logistics that the Secretary of such 
military department has provided the assistance required under paragraph 
(2).

    ``(B) The limitation in subparagraph (A) shall not be construed to 
alter or effect the availability to a military department of funds for 
intelligence activities.''.
    (b) Four-year Extension of Program.--Subsection (f) of such section 
is amended by striking ``September 30, 2011'' and inserting ``September 
30, 2015''.
SEC. 212. PERMANENT AUTHORITY FOR THE JOINT DEFENSE MANUFACTURING 
                        TECHNOLOGY PANEL.

    Section 2521 of title 10, United States Code, is amended--
            (1) by redesignating subsection (e) as subsection (f); and
            (2) by inserting after subsection (d) the following new 
        subsection (e):

    ``(e) Joint Defense Manufacturing Technology Panel.--(1) There is in 
the Department of Defense the Joint Defense Manufacturing Technology 
Panel.
    ``(2)(A) The Chair of the Joint Defense Manufacturing Technology 
Panel shall be the head of the Panel. The Chair shall be appointed, on a 
rotating basis, from among the appropriate

[[Page 123 STAT. 2226]]

personnel of the military departments and Defense Agencies with 
manufacturing technology programs.
    ``(B) The Panel shall be composed of at least one individual from 
among appropriate personnel of each military department and Defense 
Agency with manufacturing technology programs. The Panel may include as 
ex-officio members such individuals from other government organizations, 
academia, and industry as the Chair considers appropriate.
    ``(3) The purposes of the Panel shall be as follows:
            ``(A) To identify and integrate requirements for the 
        program.
            ``(B) To conduct joint planning for the program.
            ``(C) To develop joint strategies for the program.

    ``(4) In carrying out the purposes specified in paragraph (3), the 
Panel shall perform the functions as follows:
            ``(A) Conduct comprehensive reviews and assessments of 
        defense-related manufacturing issues being addressed by the 
        manufacturing technology programs and related activities of the 
        Department of Defense.
            ``(B) Execute strategic planning to identify joint planning 
        opportunities for increased cooperation in the development and 
        implementation of technological products and the leveraging of 
        funding for such purposes with the private sector and other 
        government agencies.
            ``(C) Ensure the integration and coordination of 
        requirements and programs under the program with the Office of 
        the Secretary of Defense and other national-level initiatives, 
        including the establishment of information exchange processes 
        with other government agencies, private industry, academia, and 
        professional associations.
            ``(D) Conduct such other functions as the Under Secretary of 
        Defense for Acquisition, Technology, and Logistics shall 
        specify.

    ``(5) The Panel shall report to and receive direction from the 
Director of Defense Research and Engineering on manufacturing technology 
issues of multi-service concern and application.
    ``(6) The administrative expenses of the Panel shall be borne by 
each military department and Defense Agency with manufacturing 
technology programs in such manner as the Panel shall provide.''.
SEC. 213. ELIMINATION OF REPORT REQUIREMENTS REGARDING DEFENSE 
                        SCIENCE AND TECHNOLOGY PROGRAM.

    Section <<NOTE: Repeal.>>  212 of the National Defense Authorization 
Act for Fiscal Year 2000 (10 U.S.C. 2501 note) is repealed.
SEC. 214. AUTHORIZATION FOR THE SECRETARY OF THE NAVY TO PURCHASE 
                        INFRASTRUCTURE AND GOVERNMENT PURPOSE 
                        RIGHTS LICENSE ASSOCIATED WITH THE NAVY-
                        MARINE CORPS INTRANET.

    (a) Purchases Authorized.--The Secretary of the Navy may enter into 
one or more contracts for the purchase of infrastructure and Government 
purpose rights for any or all technical data, computer software, and 
computer software documentation used or created under the Navy-Marine 
Corps Intranet multiyear contract, as in effect on the date of the 
enactment of this Act, if the Secretary determines that such a purchase 
would be in the best interest of the Department of the Navy.

[[Page 123 STAT. 2227]]

    (b) Contract Requirements.--Under a contract entered into under this 
section, the Secretary may purchase any discrete component or item of 
technical data, computer software, or computer software documentation of 
the Navy-Marine Corps Intranet and may obligate the Government only to 
amounts provided in advance in appropriations Acts specifically for the 
purpose of the contract. This section shall not apply to any purchases 
using funds available to the Department of the Navy for any fiscal year 
that begins before October 1, 2010.
    (c) Limitation.--A contract entered into under this section may not, 
in any way, commit the Secretary or the Government to purchase any 
additional components or other items of technical data, computer 
software, or computer software documentation in subsequent years.
    (d) Limitation on Liability.--A contract entered into under this 
section shall limit the amount of Government liability under the 
contract to the amount of appropriations available for such purpose at 
the time the Secretary enters into the contract or on the date an option 
is exercised.
    (e) Purchase Before End of Contract Period.--Nothing in this section 
and nothing in any contract entered into under this section shall 
preclude the Secretary from purchasing the infrastructure and Government 
purpose rights for all technical data, computer software, and computer 
software documentation used or created under the Navy-Marine Corps 
Intranet multiyear contract, as in effect on the date of the enactment 
of this Act, prior to the end of the contract period, for whatever 
reason the Secretary determine is appropriate.
SEC. 215. LIMITATION ON EXPENDITURE OF FUNDS FOR JOINT MULTI-
                        MISSION SUBMERSIBLE PROGRAM.

    None of the funds authorized to be appropriated by this or any other 
Act for fiscal year 2010 may be obligated or expended for the Joint 
Multi-Mission Submersible program to proceed beyond Milestone B approval 
(as that term is defined in section 2366(e)(7) of title 10, United 
States Code) until the Secretary of Defense, in consultation with the 
Director of National Intelligence--
            (1) <<NOTE: Assessment.>>  completes an assessment on the 
        feasibility of a cost-sharing agreement between the Department 
        of Defense and the intelligence community (as that term is 
        defined in section 3(4) of the National Security Act of 1947 (50 
        U.S.C. 401a(4))), for the Joint Multi-Mission Submersible 
        program;
            (2) submits to the congressional defense committees and the 
        intelligence committees (as that term is defined in section 3(7) 
        of the National Security Act of 1947 (50 U.S.C. 401a(7)) the 
        assessment referred to in paragraph (1); and
            (3) <<NOTE: Certification.>> certifies to the congressional 
        defense committees and the intelligence committees that any 
        agreement developed pursuant to the assessment referred to in 
        paragraph (1) represents the most effective and affordable means 
        of delivery for meeting a validated program requirement.
SEC. 216. <<NOTE: 10 USC 221 note.>> SEPARATE PROGRAM ELEMENTS 
                        REQUIRED FOR RESEARCH AND DEVELOPMENT OF 
                        INDIVIDUAL BODY ARMOR AND ASSOCIATED 
                        COMPONENTS.

    In the budget materials submitted to the President by the Secretary 
of Defense in connection with the submission to Congress, pursuant to 
section 1105 of title 31, United States Code, of the

[[Page 123 STAT. 2228]]

budget for fiscal year 2011, and each subsequent fiscal year, the 
Secretary shall ensure that within each research, development, test, and 
evaluation account of each military department a separate, dedicated 
program element is assigned to the research and development of 
individual body armor and associated components.
SEC. <<NOTE: 10 USC 221 note.>> 217. SEPARATE PROCUREMENT AND 
                        RESEARCH, DEVELOPMENT, TEST, AND 
                        EVALUATION LINE ITEMS AND PROGRAM ELEMENTS 
                        FOR THE F-35B AND F-35C JOINT STRIKE 
                        FIGHTER AIRCRAFT.

    In the budget materials submitted to the President by the Secretary 
of Defense in connection with the submission to Congress, pursuant to 
section 1105 of title 31, United States Code, of the budget for fiscal 
year 2011, and each subsequent fiscal year, the Secretary shall ensure 
that within the Navy research, development, test, and evaluation account 
and the Navy aircraft procurement account, a separate, dedicated line 
item and program element is assigned to each of the F-35B aircraft and 
the F-35C aircraft, to the extent that such accounts include funding for 
each such aircraft.
SEC. 218. RESTRICTION ON OBLIGATION OF FUNDS FOR ARMY TACTICAL 
                        GROUND NETWORK PROGRAM PENDING RECEIPT OF 
                        REPORT.

    (a) Limitation on Obligation of Research and Development Funding.--
Of the funds authorized to be appropriated by this Act or otherwise made 
available for fiscal year 2010 for research and development for the 
Army, for the program elements specified in subsection (c), not more 
than 50 percent may be obligated or expended until 30 days after the 
Under Secretary of Defense for Acquisition, Technology, and Logistics 
submits to Congress a report on the acquisition strategy, requirements, 
and cost estimates for the Army tactical ground network program.
    (b) Army Tactical Ground Network Program Defined.--For the purposes 
of subsection (a), the term ``Army tactical ground network program'' 
means the new tactical ground network major defense acquisition program 
derived from the Future Combat Systems Brigade Combat Team program 
network, and directed to be initiated by the memorandum entitled 
``Future Combat Systems Brigade Combat Team Acquisition Decision 
Memorandum'', which was signed by the Under Secretary of Defense for 
Acquisition, Technology, and Logistics on June 23, 2009.
    (c) Army Tactical Ground Network Program Elements Specified.--The 
program elements specified in this subsection are the following:
            (1) Future Combat Systems of Systems Engineering and Program 
        Management.
            (2) Future Combat Systems Sustainment and Training Research 
        and Development.
            (3) Any other program element specified by the Secretary of 
        Defense to fund the Army tactical ground network program.
SEC. 219. PROGRAMS FOR GROUND COMBAT VEHICLE AND SELF-PROPELLED 
                        HOWITZER CAPABILITIES FOR THE ARMY.

    (a) Programs Required.--
            (1) In general.--The Secretary of Defense shall carry out a 
        separate program to achieve each of the following:

[[Page 123 STAT. 2229]]

                    (A) The development, test, and fielding of an 
                operationally effective, suitable, survivable, and 
                affordable next generation ground combat vehicle for the 
                Army.
                    (B) The development, test, and fielding of an 
                operationally effective, suitable, survivable, and 
                affordable next generation self-propelled howitzer 
                capability for the Army.
            (2) Compliance with certain acquisition requirements.--Each 
        program under paragraph (1) shall comply with the requirements 
        of the Weapons Systems Acquisition Reform Act of 2009, and the 
        amendments made by that Act.

    (b) Strategy and Plan for Acquisition.--
            (1) In general.-- <<NOTE: Deadline. Reports.>> Not later 
        than March 31, 2010, the Secretary shall submit to the 
        congressional defense committees a report setting forth a 
        strategy and plan for the acquisition of weapon systems under 
        the programs required by subsection (a). Each strategy and plan 
        shall include measurable goals and objectives for the 
        acquisition of such weapon systems, and shall identify all 
        proposed major development, testing, procurement, and fielding 
        events toward the achievement of such goals and objectives.
            (2) Elements.--In developing each strategy and plan under 
        paragraph (1), the Secretary shall consider the following:
                    (A) A single vehicle or family of vehicles utilizing 
                a common chassis and automotive components.
                    (B) The incorporation of weapon, vehicle, 
                communications, network, and system of systems common 
                operating environment technologies developed under the 
                Future Combat Systems program.

    (c) Annual Reports.--
            (1) Reports required.--The Secretary shall submit to the 
        congressional defense committees, at the same time the President 
        submits to Congress the budget for each of fiscal years 2011 
        through 2015 (as submitted pursuant to section 1105(a) of title 
        31, United States Code), a report on the investments proposed to 
        be made under such budget with respect to each program required 
        by subsection (a).
            (2) Elements.--Each report under paragraph (1) shall set 
        forth, for the fiscal year covered by the budget with which such 
        report is submitted--
                    (A) the manner in which amounts requested in such 
                budget would be available for each program required by 
                subsection (a); and
                    (B) an assessment of the extent to which utilizing 
                such amount in such manner would improve ground combat 
                capabilities for the Army.
SEC. 220. <<NOTE: 10 USC 221 note.>> GUIDANCE ON BUDGET 
                        JUSTIFICATION MATERIALS DESCRIBING FUNDING 
                        REQUESTED FOR OPERATION, SUSTAINMENT, 
                        MODERNIZATION, AND PERSONNEL OF MAJOR 
                        RANGES AND TEST FACILITIES.

    (a) Guidance on Budget Justification Materials.--The Secretary of 
Defense, acting through the Under Secretary of Defense (Comptroller) and 
the Director of the Department of Defense Test Resource Management 
Center, shall issue guidance clarifying and standardizing the 
information required in budget justification materials describing 
amounts to be requested in the budget of the President for a fiscal year 
(as submitted to Congress pursuant

[[Page 123 STAT. 2230]]

to section 1105(a) of title 31, United States Code) for funding for each 
facility and resource of the Major Range and Test Facility Base in 
connection with each of the following:
            (1) Operation.
            (2) Sustainment.
            (3) Investment and modernization.
            (4) Government personnel.
            (5) Contractor personnel.

    (b) Applicability.--The guidance issued under subsection (a) shall 
apply with respect to budgets of the President for fiscal years after 
fiscal year 2010.
    (c) Major Range and Test Facility Base Defined.--In this section, 
the term ``Major Range and Test Facility Base'' has the meaning given 
that term in section 196(h) of title 10, United States Code.
SEC. 221. ASSESSMENT OF TECHNOLOGICAL MATURITY AND INTEGRATION 
                        RISK OF ARMY MODERNIZATION PROGRAMS.

    (a) Assessment Required.--The Director of Defense Research and 
Engineering shall, in consultation with the Director of Developmental 
Test and Evaluation, review and assess the technological maturity and 
integration risk of critical technologies (as jointly identified by the 
Director and the Secretary of the Army for purposes of this section) of 
Army modernization programs and appropriate associated systems and 
programs, including the programs as follows:
            (1) Ground Combat Vehicle.
            (2) Future Combat Systems network hardware and software.
            (3) Warfighter Information Network-Tactical, Increment 3.
            (4) Appropriate portions of the Joint Tactical Radio System, 
        including Ground Mobile Radios, Handheld, Manpack, Small Form 
        Fit Radios, and Network Enterprise Domain.
            (5) Non-Line of Sight Launch System.
            (6) Small Unmanned Ground Vehicle.
            (7) Class I Unmanned Aerial Vehicle.
            (8) Class IV Unmanned Aerial Vehicle.
            (9) Multifunction Utility/Logistics Equipment Vehicle.
            (10) Tactical Unattended Ground Sensors.
            (11) Urban Unattended Ground Sensors.
            (12) Any other programs jointly identified by the Director 
        and the Secretary for purposes of this section.

    (b) Report.--Not later than nine months after the date of the 
enactment of this Act, the Secretary of Defense shall submit to the 
congressional defense committees a report on the technological maturity 
and integration risk of critical technologies of Army modernization 
programs and associated systems and programs covered by the review and 
assessment required under subsection (a), as determined pursuant to that 
assessment.
SEC. 222. ASSESSMENT OF ACTIVITIES FOR TECHNOLOGY MODERNIZATION OF 
                        THE COMBAT VEHICLE AND ARMORED TACTICAL 
                        WHEELED VEHICLE FLEETS.

    (a) Independent Assessment of Strategy Required.--
            (1) In general.--Not <<NOTE: Deadline. Contracts.>> later 
        than 30 days after the date of the enactment of this Act, the 
        Secretary of Defense shall enter into a contract with an 
        appropriate entity independent

[[Page 123 STAT. 2231]]

        of the United States Government to conduct an independent 
        assessment of current, anticipated, and potential research, 
        development, test, and evaluation activities for or applicable 
        to the modernization of the combat vehicle fleet and armored 
        tactical wheeled vehicle fleet of the Department of Defense.
            (2) Access to information and resources.--The Secretary 
        shall provide the entity with which the Secretary enters into a 
        contract under paragraph (1) with access to such information and 
        resources as are appropriate for the entity to conduct the 
        assessment required by that paragraph.

    (b) Reports.--
            (1) In general.--The contract required by subsection (a) 
        shall provide that the entity with which the Secretary enters 
        into a contract under that subsection shall submit to the 
        Secretary and the congressional defense committees--
                    (A) an interim report on the assessment required by 
                that subsection by not later than July 31, 2010; and
                    (B) a final report on such assessment by not later 
                than December 31, 2010.
            (2) Elements.--Each of the reports required by paragraph (1) 
        shall include the following:
                    (A) A detailed discussion of the requirements and 
                capability needs identified or proposed for current and 
                prospective combat vehicles and armored tactical wheeled 
                vehicles.
                    (B) An identification of capability gaps for combat 
                vehicles and armored tactical wheeled vehicles based on 
                lessons learned from recent conflicts and an assessment 
                of emerging threats.
                    (C) An identification of the critical technology 
                elements or integration risks associated with particular 
                categories of combat vehicles and armored tactical 
                wheeled vehicles, and with particular missions of such 
                vehicles.
                    (D) Recommendations with respect to actions that 
                could be taken to develop and deploy, during the ten-
                year period beginning on the date of the submittal of 
                the report, critical technology capabilities to address 
                the capability gaps identified pursuant to subparagraph 
                (B), including an identification of high priority 
                science and technology, research and engineering, and 
                prototyping opportunities.
                    (E) Such other matters as the Secretary considers 
                appropriate.

                  Subtitle C--Missile Defense Programs

SEC. 231. SENSE OF CONGRESS ON BALLISTIC MISSILE DEFENSE.

    It is the sense of Congress that--
            (1) the United States should develop, test, field, and 
        maintain operationally-effective and cost-effective ballistic 
        missile defense systems that are capable of defending the United 
        States, its forward-deployed forces, allies, and other friendly 
        nations from the threat of ballistic missile attacks from 
        nations such as North Korea and Iran;
            (2) the missile defense force structure and inventory levels 
        of such missile defense systems should be determined based on an 
        assessment of ballistic missile threats and a determination by 
        senior military leaders, combatant commanders, and

[[Page 123 STAT. 2232]]

        defense officials of the requirements and capabilities needed to 
        address those threats; and
            (3) the test and evaluation program for such missile defense 
        systems should be operationally realistic and provide a high 
        level of confidence in the capability of such systems (including 
        their continuing effectiveness over the course of their service 
        lives), and adequate resources should be available for that test 
        and evaluation program (including interceptor missiles and 
        targets for flight tests).
SEC. 232. ASSESSMENT AND PLAN FOR THE GROUND-BASED MIDCOURSE 
                        DEFENSE ELEMENT OF THE BALLISTIC MISSILE 
                        DEFENSE SYSTEM.

    (a) Sense of Congress.--It is the sense of Congress that the 
Secretary of Defense should ensure the reliability, availability, 
maintainability, and supportability of the Ground-based Midcourse 
Defense element of the Ballistic Missile Defense system throughout the 
service life of such element.
    (b) Assessment Required.--
            (1) In general.--As part of the quadrennial defense review, 
        the Nuclear Posture Review, and the Ballistic Missile Defense 
        Review, the Secretary of Defense shall conduct an assessment of 
        the following:
                    (A) Ground-based Midcourse Defense element of the 
                Ballistic Missile Defense system.
                    (B) Future options for the Ground-based Midcourse 
                Defense element.
            (2) Elements.--The assessment required by paragraph (1) 
        shall include an assessment of the following:
                    (A) The ballistic missile threat against which the 
                Ground-based Midcourse Defense element is intended to 
                defend.
                    (B) The military requirements for Ground-based 
                Midcourse Defense capabilities against such missile 
                threat.
                    (C) The capabilities of the Ground-based Midcourse 
                Defense element as of the date of the assessment.
                    (D) The planned capabilities of the Ground-based 
                Midcourse Defense element, if different from the 
                capabilities under subparagraph (C).
                    (E) The force structure and inventory levels 
                necessary for the Ground-based Midcourse Defense element 
                to achieve the planned capabilities of that element, 
                including an analysis of the costs and the potential 
                advantages and disadvantages of deploying 44 operational 
                Ground-based Interceptor missiles.
                    (F) The infrastructure necessary to achieve such 
                capabilities, including the number and location of 
                operational silos.
                    (G) The number of Ground-based Interceptor missiles 
                necessary for operational assets, test assets (including 
                developmental and operational test assets and aging and 
                surveillance test assets), and spare missiles.
            (3) Report.--At or about the same time the budget of the 
        President for fiscal year 2011 is submitted to Congress pursuant 
        to section 1105 of title 31, United States Code, the Secretary 
        shall submit to the congressional defense committees a report 
        setting forth the results of the assessment required

[[Page 123 STAT. 2233]]

        by paragraph (1). The report shall be in unclassified form, but 
        may include a classified annex.

    (c) Plan Required.--
            (1) In general.--In addition to the assessment required by 
        subsection (b), the Secretary shall establish a plan for the 
        Ground-based Midcourse Defense element of the Ballistic Missile 
        Defense system. The plan shall cover the period of the future-
        years defense program that is submitted to Congress under 
        section 221 of title 10, United States Code, at or about the 
        same time as the submittal to Congress of the budget of the 
        President for fiscal year 2011.
            (2)  Elements.--The plan required by paragraph (1) shall 
        include the following elements:
                    (A) The schedule for achieving the planned 
                capability of the Ground-based Midcourse Defense 
                element, including the completion of operational silos, 
                the delivery of operational Ground-Based Interceptors, 
                and the deployment of such interceptors in those silos.
                    (B) The plan for funding the development, 
                production, deployment, testing, improvement, and 
                sustainment of the Ground-based Midcourse Defense 
                element.
                    (C) The plan to maintain the operational 
                effectiveness of the Ground-based Midcourse Defense 
                element over the course of its service life, including 
                any modernization or capability enhancement efforts, and 
                any sustainment efforts.
                    (D) The plan for flight testing the Ground-based 
                Midcourse Defense element, including aging and 
                surveillance tests to demonstrate the continuing 
                effectiveness of the system over the course of its 
                service life.
                    (E) The plan for production of Ground-Based 
                Interceptor missiles necessary for operational assets, 
                developmental and operational test assets, aging and 
                surveillance test assets, and spare missiles.
            (3) Report.--At or about the same time the budget of the 
        President for fiscal year 2011 is submitted to Congress pursuant 
        to section 1105 of title 31, United States Code, the Secretary 
        shall submit to the congressional defense committees a report 
        setting forth the plan required by paragraph (1). The report 
        shall be in unclassified form, but may include a classified 
        annex.

    (d) Construction.--Nothing in this section shall be construed as 
altering or revising the continued production of all Ground-Based 
Interceptor missiles on contract as of June 23, 2009.
    (e) Comptroller General Review.--The Comptroller General of the 
United States shall--
            (1) review the assessment required by subsection (b) and the 
        plan required by subsection (c); and
            (2) <<NOTE: Deadline.>> not later than 120 days after 
        receiving the assessment and the plan, provide to the 
        congressional defense committees the results of the review.
SEC. 233. CONTINUED PRODUCTION OF GROUND-BASED INTERCEPTOR MISSILE 
                        AND OPERATION OF MISSILE FIELD 1 AT FORT 
                        GREELY, ALASKA.

    (a) Limitation on Break in Production.--The Secretary of Defense 
shall ensure that the Director of the Missile Defense Agency

[[Page 123 STAT. 2234]]

does not allow a break in production of the Ground-based Interceptor 
missile until the Secretary has--
            (1) <<NOTE: Review.>> completed the Ballistic Missile 
        Defense Review;
            (2) <<NOTE: Determination.>> made a determination with 
        respect to the number of Ground-based Interceptor missiles that 
        will be necessary to support the service life of the Ground-
        based Midcourse Defense element of the Ballistic Missile Defense 
        System; and
            (3) <<NOTE: Reports.>> submitted to the congressional 
        defense committees a report containing such determination.

    (b) Limitation on Certain Actions With Respect to Missile Field 1 
and Missile Field 2 at Fort Greely, Alaska.--
            (1) Limitation on decommissioning of missile field 1.--The 
        Secretary of Defense shall ensure that Missile Field 1 at Fort 
        Greely, Alaska, is not completely decommissioned until six silos 
        are operationally available in Missile Field 2 at Fort Greely.
            (2) Limitation with respect to disposition of silos at 
        missile field 2.-- <<NOTE: Deadline.>> The Secretary of Defense 
        shall ensure that no irreversible decision is made with respect 
        to the number of silos at Missile Field 2 at Fort Greely, 
        Alaska, until the date that is 60 days after the date on which 
        the reports required by subsections (b)(3) and (c)(3) of section 
        232 are submitted to the congressional defense committees.
SEC. 234. <<NOTE: 10 USC 2431 note.>> LIMITATION ON AVAILABILITY 
                        OF FUNDS FOR ACQUISITION OR DEPLOYMENT OF 
                        MISSILE DEFENSES IN EUROPE.

    No <<NOTE: Reports. Certification.>> funds authorized to be 
appropriated by this Act or otherwise made available for the Department 
of Defense for fiscal year 2010 or any fiscal year thereafter may be 
obligated or expended for the acquisition (other than initial long-lead 
procurement) or deployment of operational missiles of a long-range 
missile defense system in Europe until the Secretary of Defense, after 
receiving the views of the Director of Operational Test and Evaluation, 
submits to the congressional defense committees a report certifying that 
the proposed interceptor to be deployed as part of such missile defense 
system has demonstrated, through successful, operationally realistic 
flight testing, a high probability of working in an operationally 
effective manner and that such missile defense system has the ability to 
accomplish the mission.
SEC. 235. AUTHORIZATION OF FUNDS FOR DEVELOPMENT AND DEPLOYMENT OF 
                        ALTERNATIVE MISSILE DEFENSE SYSTEMS IN 
                        EUROPE.

    (a) Authorization of Funds for Alternative European Missile Defense 
Systems.--Of the funds authorized to be appropriated or otherwise made 
available for fiscal years 2009 and 2010 for the Missile Defense Agency 
for the purpose of developing missile defenses in Europe, $309,000,000 
shall be available for research, development, test, and evaluation, 
procurement, or deployment of alternative missile defense systems or 
their subsystems designed to protect Europe, and the United States in 
the case of long-range missile threats, from the threats posed by 
current and future Iranian ballistic missiles of all ranges, if the 
Secretary of Defense submits to the congressional defense committees a 
report certifying that such systems are expected to be--
            (1) consistent with the direction from the North Atlantic 
        Council to address ballistic missile threats to Europe and the

[[Page 123 STAT. 2235]]

        United States in a prioritized manner that includes 
        consideration of the imminence of the threat and the level of 
        acceptable risk;
            (2) operationally-effective and cost-effective in providing 
        protection for Europe, and the United States in the case of 
        long-range missile threats, against current and future Iranian 
        ballistic missile threats; and
            (3) interoperable, to the extent practical, with other 
        components of missile defense and complementary to the missile 
        defense strategy of the North Atlantic Treaty Organization.

    (b) Construction.--Except as provided in subsection (a), nothing in 
this section shall be construed as limiting or preventing the Secretary 
of Defense from pursuing the development or deployment of operationally-
effective and cost-effective ballistic missile defense systems in 
Europe.
    (c) Independent Assessment.--
            (1) <<NOTE: Deadline. Contracts.>> In general.--Not later 
        than 60 days after the date of the enactment of this Act, the 
        Secretary of Defense shall enter into a contract with a 
        federally funded research and development center to conduct an 
        independent assessment evaluating the operational-effectiveness 
        and cost-effectiveness of the alternative missile defense 
        architecture announced by the President on September 17, 2009.
            (2) Report.--Not later than June 1, 2010, the Secretary 
        shall submit to the congressional defense committees a report on 
        the independent assessment conducted under paragraph (1).
SEC. 236. COMPREHENSIVE PLAN FOR TEST AND EVALUATION OF THE 
                        BALLISTIC MISSILE DEFENSE SYSTEM.

    (a) Plan Required.--
            (1) In general.--The Secretary of Defense shall establish a 
        comprehensive plan for the developmental and operational testing 
        and evaluation of the ballistic missile defense system and its 
        various elements.
            (2) Period of plan.--The plan shall cover the period covered 
        by the future-years defense program that is submitted to 
        Congress under section 221 of title 10, United States Code, at 
        or about the same time as the submittal to Congress of the 
        budget of the President for fiscal year 2011.
            (3) Input.--In establishing the plan, the Secretary shall 
        receive input on matters covered by the plan from the following:
                    (A) The Director of the Missile Defense Agency.
                    (B) The Director of Operational Test and Evaluation.
                    (C) The operational test components of the military 
                departments.

    (b) Elements.--The plan required by subsection (a) shall include, 
with respect to developmental and operational testing of the ballistic 
missile defense system, the following:
            (1) Test and evaluation objectives.
            (2) Test and evaluation criteria and metrics.
            (3) Test and evaluation procedures and methodology.
            (4) Data requirements.
            (5) System and element configuration under test.
            (6) Approaches to verification, validation, and 
        accreditation of models and simulations.

[[Page 123 STAT. 2236]]

            (7) The relative role of models and simulations, ground 
        tests, and flight tests in achieving the objectives of the plan.
            (8) Test infrastructure and resources, including test range 
        limitations and potential range enhancements.
            (9) Test readiness review approaches and methodology.
            (10) Testing for system and element integration and 
        interoperability.
            (11) Means for achieving operational realism and means of 
        demonstrating operational effectiveness, suitability, and 
        survivability.
            (12) Detailed descriptions of planned tests.
            (13) A description of the resources required to implement 
        the plan.

    (c) Report.--
            (1) In general.--Not later than March 1, 2010, the Secretary 
        shall submit to the congressional defense committees a report 
        setting forth and describing the plan required by subsection (a) 
        and each of the elements required in the plan under subsection 
        (b).
            (2) Additional information on ground-based midcourse 
        defense.--The report required by this subsection shall, in 
        addition to the matters specified in paragraph (1), include a 
        detailed description of the test and evaluation activities 
        pertaining to the Ground-based Midcourse Defense element of the 
        ballistic missile defense system as follows:
                    (A) Plans for salvo testing.
                    (B) Plans for multiple simultaneous engagement 
                testing.
                    (C) Plans for intercept testing using the Cobra Dane 
                radar as the engagement sensor.
                    (D) Plans to test and demonstrate the ability of the 
                system to accomplish its mission over the planned term 
                of its operational service life (also known as 
                ``sustainment testing'').
            (3) Form.--The report required by this subsection shall be 
        submitted in unclassified form, but may include a classified 
        annex.
SEC. 237. STUDY ON DISCRIMINATION CAPABILITIES OF BALLISTIC 
                        MISSILE DEFENSE SYSTEM.

    (a) Study.--The Secretary of Defense shall enter into an arrangement 
with the JASON Defense Advisory Panel under which JASON shall carry out 
a study on the discrimination capabilities and limitations of the 
ballistic missile defense system of the United States, including such 
discrimination capabilities that exist or are planned as of the date of 
the study.
    (b) Report.--Not later than one year after the date of the enactment 
of this Act, the Secretary shall submit to the appropriate congressional 
committees a report containing the study.
    (c) Form.--The report under subsection (b) may be submitted in 
classified form, but shall contain an unclassified summary.
SEC. 238. ASCENT PHASE MISSILE DEFENSE STRATEGY AND PLAN.

    (a) Report.--Not later than 180 days after the date of the enactment 
of this Act, the Secretary of Defense shall submit to the congressional 
defense committees a report containing a strategy and plan for ascent 
phase missile defense.

[[Page 123 STAT. 2237]]

    (b) Matters Included.--The report required by subsection (a) shall 
include each of the following:
            (1) A description of the programs and activities, as of the 
        date of the submission of the report, contained in the program 
        of record of the Missile Defense Agency that provide or are 
        planned to provide a capability to intercept ballistic missiles 
        in their ascent phase.
            (2) A description of the capabilities that are needed to 
        accomplish the intercept of ballistic missiles in their ascent 
        phase, including--
                    (A) the key technologies and associated technology 
                readiness levels, plans for maturing such technologies, 
                and any technology demonstrations for such capabilities;
                    (B) concepts of operation for how ascent phase 
                capabilities would be employed, including the dependence 
                of such capabilities on, and integration with, other 
                functions, capabilities, and information, including 
                those provided by other elements of the ballistic 
                missile defense system;
                    (C) the criteria to be used to assess the technical 
                progress, suitability, and effectiveness of such 
                capabilities;
                    (D) a comprehensive plan for development of and 
                investment in such capabilities, including an 
                identification of specific program and technology 
                investments to be made in such capabilities;
                    (E) a description of how, and to what extent, ascent 
                phase missile defense can leverage the capabilities and 
                investments made in boost phase, midcourse, and any 
                other layer or elements of the ballistic missile defense 
                system;
                    (F) a description of the benefits and limitations 
                associated with ascent phase missile defense; and
                    (G) any other information the Secretary determines 
                necessary.

    (c) Form.--The report required by subsection (a) shall be submitted 
in unclassified form, but may include a classified annex.
SEC. 239. EXTENSION OF DEADLINE FOR STUDY ON BOOST-PHASE MISSILE 
                        DEFENSE.

    Section 232(c)(1) of the Duncan Hunter National Defense 
Authorization Act for Fiscal Year 2009 (Public Law 110-417; 122 Stat. 
4392) is amended by striking ``October 31, 2010'' and inserting ``March 
1, 2011''.

                           Subtitle D--Reports

SEC. 241. REPEAL OF REQUIREMENT FOR BIENNIAL JOINT WARFIGHTING 
                        SCIENCE AND TECHNOLOGY PLAN.

    Section 270 of the National Defense Authorization Act for Fiscal 
Year 1997 (10 U.S.C. 2501 note) is repealed.
SEC. 242. MODIFICATION OF REPORTING REQUIREMENT FOR DEFENSE 
                        NANOTECHNOLOGY RESEARCH AND DEVELOPMENT 
                        PROGRAM.

    Section 246 of the Bob Stump National Defense Authorization Act for 
Fiscal Year 2003 (Public Law 107-314; 10 U.S.C. 2358 note) is amended by 
striking subsection (e) and inserting the following new subsection (e):

[[Page 123 STAT. 2238]]

    ``(e) Reports.--The Under Secretary of Defense for Acquisition, 
Technology, and Logistics shall submit to the National Science and 
Technology Council information on the program that covers the 
information described in paragraphs (1) through (5) of section 2(d) of 
the 21st Century Nanotechnology Research and Development Act (15 U.S.C. 
7501(d)) to be included in the annual report submitted by the Council 
under that section.''.
SEC. 243. COMPTROLLER GENERAL ASSESSMENT OF COORDINATION OF ENERGY 
                        STORAGE DEVICE REQUIREMENTS, PURCHASES, 
                        AND INVESTMENTS.

    (a) Assessment Required.--The Comptroller General shall conduct an 
assessment of the degree to which requirements, technology goals, and 
research and procurement investments in energy storage technologies are 
coordinated within and among the military departments, appropriate 
Defense Agencies, and other elements of the Department of Defense. In 
carrying out such assessment, the Comptroller General shall--
            (1) assess the expenses incurred by the Department of 
        Defense in the research, development, testing, evaluation, and 
        procurement of energy storage devices;
            (2) compare quantities of types of devices in use or under 
        development that rely on commercial energy storage technologies 
        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 
        Department of Defense and the Department of Energy with respect 
        to the research, development, procurement, and use of energy 
        storage devices;
            (6) assess the coordination of Department of Defense-wide 
        activities in energy storage device research, development, 
        procurement, and use;
            (7) assess the process used to standardize the form, fit, 
        and function of energy storage devices, and make recommendations 
        with respect to how the Department should improve that process; 
        and
            (8) assess whether there are commercial advances in portable 
        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 Comptroller 
General shall submit to the Committees on Armed Services of the Senate 
and House of Representatives a report on the findings and 
recommendations of the Comptroller General with respect to the 
assessment conducted under subsection (a).
    (c) Coordination.--In carrying out subsection (a), the Comptroller 
General shall coordinate with the Secretary of Energy and the heads of 
other appropriate Federal agencies.
SEC. 244. ANNUAL COMPTROLLER GENERAL REPORT ON THE F-35 LIGHTNING 
                        II AIRCRAFT ACQUISITION PROGRAM.

    (a) Annual GAO Review.--The Comptroller General shall conduct an 
annual review of the F-35 Lightning II aircraft acquisition

[[Page 123 STAT. 2239]]

program and shall, not later than March 15 of each of 2010 through 2015, 
submit to the congressional defense committees a report on the results 
of the most recent review.
    (b) Matters to Be Included.--Each report on the F-35 program under 
subsection (a) shall include each of the following:
            (1) The extent to which the acquisition program is meeting 
        development and procurement cost, schedule, and performance 
        goals.
            (2) The progress and results of developmental and 
        operational testing and plans for correcting deficiencies in 
        aircraft performance, operational effectiveness, and 
        suitability.
            (3) Aircraft procurement plans, production results, and 
        efforts to improve manufacturing efficiency and supplier 
        performance.
SEC. 245. REPORT ON INTEGRATION OF DEPARTMENT OF DEFENSE 
                        INTELLIGENCE, SURVEILLANCE, AND 
                        RECONNAISSANCE CAPABILITIES.

    Of the amounts authorized to be appropriated in this Act for program 
element 11815F for advanced strategic programs, not more than 50 percent 
of such amounts may be obligated or expended until the date that is 30 
days after the date on which the Under Secretary of Defense for 
Intelligence submits the report required under section 923(d)(1) of the 
National Defense Authorization Act for 2004 (Public Law 108-136; 117 
Stat. 1576), including the elements of the report described in 
subparagraphs (D), (E), and (F) of such section 923(d)(1).
SEC. 246. REPORT ON FUTURE RESEARCH AND DEVELOPMENT OF MAN-
                        PORTABLE AND VEHICLE-MOUNTED GUIDED 
                        MISSILE SYSTEMS.

    (a) Report.--Not later than February 15, 2010, the Secretary of the 
Army shall submit to Congress a report on future research and 
development of man-portable and vehicle-mounted guided missile systems 
to replace the current Javelin and TOW systems. Such report shall 
include--
            (1) an examination of current requirements for anti-armor 
        missile systems;
            (2) an analysis of battlefield uses other than anti-armor;
            (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 efficiencies 
        of developing and procuring these systems at low rate and full 
        rate based on current system production; and

[[Page 123 STAT. 2240]]

            (8) an analysis of the ability of the industrial base to 
        support development and production of current and future Javelin 
        and TOW systems.

    (b) Restriction on Use of Funds.--Of the amounts authorized to be 
appropriated under this Act for research, test, development, and 
evaluation for the Army, for missile and rocket advanced technology 
(program element 0603313A), not more than 70 percent may be obligated or 
expended until the Secretary of the Army submits the report required by 
subsection (a).
SEC. 247. REPORT ON THE DEVELOPMENT OF COMMAND AND CONTROL 
                        SYSTEMS.

    (a) Report Required.--Not later than July 1, 2010, the Secretary of 
Defense shall submit to the congressional defense committees a report 
detailing the plans for the consolidation of the Net-Enabled Command 
Capability system (hereinafter in this section referred to as the ``NECC 
system'') with the Global Command and Control System family of systems 
(hereinafter in this section referred to as the ``GCCS family of 
systems'').
    (b) Elements.--The report required by subsection (a) shall include 
each of the following:
            (1) A description of the level of investment needed to 
        develop, sustain, and modernize the GCCS family of systems in 
        order to meet military requirements.
            (2) A description of the actions needed to convert the GCCS 
        family of systems to a services-oriented architecture, including 
        a timeline and milestones.
            (3) An identification of the components, including modules 
        and other technologies, developed under the NECC systems that 
        can be implemented in the GCCS family of systems.
            (4) An identification of gaps in required capabilities not 
        resident in the GCCS family of systems or provided by the NECC 
        system.
            (5) An identification of any science and technology efforts 
        or developing commercial capabilities that might address 
        capability gaps identified pursuant to paragraph (4).
            (6) A description of the developmental and operational test 
        plans for the GCCS family of systems, and resources programmed 
        to support such plans.
            (7) A description of the GCCS family of systems management 
        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 
        considers appropriate.

    (c) Coordination.--The report required by subsection (a) shall be 
developed jointly by the Vice-Chairman of the Joint Chiefs of Staff, the 
Secretaries of the military departments, the Under Secretary of Defense 
for Acquisition, Technology, and Logistics, the Assistant Secretary of 
Defense for Networks and Information

[[Page 123 STAT. 2241]]

Integration, the commander of the United States Joint Forces Command, 
the Director of Operational Test and Evaluation, and the Director of the 
Defense Information Systems Agency.
    (d) Interim Report.--Not later than March 1, 2010, the Secretary of 
Defense shall submit to the congressional defense committees an interim 
report on the activities carried out to prepare the report required by 
subsection (a) and the preliminary findings and recommendations of the 
Secretary with respect to the plans for the consolidation of the NECC 
system with the GCCS family of systems based on such activities.
    (e) Form.--The report required by subsection (a) shall be submitted 
in unclassified form, but may include a classified annex.
SEC. 248. EVALUATION OF EXTENDED RANGE MODULAR SNIPER RIFLE 
                        SYSTEMS.

    (a) In General.--Not later than March 31, 2010, the Assistant 
Secretary of the Army for Acquisition, Logistics, and Technology shall 
conduct a comparative evaluation of extended range modular sniper rifle 
systems, including .300 Winchester Magnum, .338 Lapua Magnum, and other 
calibers. The evaluation shall identify and demonstrate an integrated 
suite of technologies with capabilities 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 Secretary 
of the Army for Acquisition, Logistics, and Technology shall submit to 
the Committee on Armed Services of the Senate and the Committee on Armed 
Services of the House of Representatives a report containing the results 
of the evaluation required by subsection (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 
        documented capabilities gaps.

                        Subtitle E--Other Matters

SEC. 251. ENHANCEMENT OF DUTIES OF DIRECTOR OF DEPARTMENT OF 
                        DEFENSE TEST RESOURCE MANAGEMENT CENTER 
                        WITH RESPECT TO THE MAJOR RANGE AND TEST 
                        FACILITY BASE.

    (a) Authority To Review Proposals for Significant Changes.--Section 
196(c) of title 10, United States Code, is amended--
            (1) in paragraph (1), by redesignating subparagraphs (A) and 
        (B) as clauses (i) and (ii), respectively;
            (2) by redesignating paragraphs (1) through (4) as 
        subparagraphs (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), respectively; 
        and

[[Page 123 STAT. 2242]]

            (5) by inserting after subparagraph (A), as so redesignated, 
        the following new subparagraph (B):
            ``(B) To review proposed significant changes to the test and 
        evaluation facilities and resources of the Major Range and Test 
        Facility Base before they are implemented by the Secretaries of 
        the military departments or the heads of the Defense Agencies 
        with test and evaluation responsibilities and advise the 
        Secretary of Defense and the Under Secretary of Acquisition, 
        Technology, and Logistics of the impact of such changes on the 
        adequacy of such test and evaluation facilities and resources to 
        meet the test and evaluation requirements of the Department.''.

    (b) Access to Records and Data.--Such section is further amended by 
adding at the end the following new paragraph:
    ``(2) The Director shall have access to such records and data of the 
Department of Defense (including the appropriate records and data of 
each military department and Defense Agency) that are necessary in order 
to carry out the duties of the Director under this section.''.
SEC. 252. ESTABLISHMENT OF PROGRAM TO ENHANCE PARTICIPATION OF 
                        HISTORICALLY BLACK COLLEGES AND 
                        UNIVERSITIES AND MINORITY-SERVING 
                        INSTITUTIONS IN DEFENSE RESEARCH PROGRAMS.

    (a) Program Established.--Chapter 139 of title 10, United States 
Code, is amended by inserting after section 2361 the following new 
section:
``Sec. 2362. Research and educational programs and activities: 
                  historically black colleges and universities and 
                  minority-serving institutions of higher 
                  education

    ``(a) Program Established.--The Secretary of Defense, acting through 
the Director of Defense Research and Engineering and the Secretary of 
each military department, shall carry out a program to provide 
assistance to covered educational institutions to assist the Department 
in defense-related research, development, testing, and evaluation 
activities.
    ``(b) Program Objective.--The objective of the program established 
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 
        institutions 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 
        education, Government defense organizations, and the defense 
        industry.

[[Page 123 STAT. 2243]]

    ``(c) Assistance Provided.--Under the program established by 
subsection (a), the Secretary of Defense may provide covered educational 
institutions with funding or technical assistance, including any of the 
following:
            ``(1) Support for research, development, testing, 
        evaluation, or educational enhancements in areas important to 
        national defense through the competitive awarding of grants, 
        cooperative agreements, contracts, scholarships, fellowships, or 
        the acquisition of research equipment or instrumentation.
            ``(2) Support to assist in the attraction and retention of 
        faculty in scientific disciplines important to the national 
        security functions of the Department of Defense.
            ``(3) Establishing partnerships between such institutions 
        and defense laboratories, Government defense organizations, the 
        defense industry, and other institutions of higher education in 
        research, development, testing, and evaluation in areas 
        important to the national security functions of the Department 
        of Defense.
            ``(4) Other such non-monetary assistance as the Secretary 
        finds appropriate to enhance defense-related research, 
        development, testing, and evaluation activities at such 
        institutions.

    ``(d) Priority for Funding.--The Secretary of Defense may establish 
procedures under which the Secretary may give priority in providing 
funding under this section to institutions that have not otherwise 
received a significant amount of funding from the Department of Defense 
for research, development, testing, and evaluation programs supporting 
the national security functions of the Department.
    ``(e) Definition of Covered Educational Institution.--In this 
section the term `covered educational institution' means--
            ``(1) an institution of higher education eligible for 
        assistance under title III or IV of the Higher Education Act of 
        1965 (20 U.S.C. 1051 et seq.); or
            ``(2) an accredited postsecondary minority institution.''.

    (b) Clerical Amendment.--The table of sections at the beginning of 
such chapter is amended by inserting after the item relating to section 
2361 the following new item:

``2362. Research and educational programs and activities: historically 
           black colleges and universities and minority-serving 
           institutions of higher education.''.

SEC. 253. EXTENSION OF AUTHORITY TO AWARD PRIZES FOR ADVANCED 
                        TECHNOLOGY ACHIEVEMENTS.

    Subsection (f) of section 2374a of title 10, United States Code, is 
amended by striking ``September 30, 2010'' and inserting ``September 30, 
2013''.
SEC. 254. <<NOTE: 15 USC 3715 note.>> AUTHORITY FOR NATIONAL 
                        AERONAUTICS AND SPACE ADMINISTRATION 
                        FEDERALLY FUNDED RESEARCH AND DEVELOPMENT 
                        CENTERS TO PARTICIPATE IN MERIT-BASED 
                        TECHNOLOGY RESEARCH AND DEVELOPMENT 
                        PROGRAMS.

    Section 217(f)(1) of the National Defense Authorization Act for 
Fiscal Year 1995 (Public Law 103-337; 108 Stat 2695), as amended by 
section 3136 of the National Defense Authorization Act for Fiscal Year 
1999 (Public Law 105-261), is amended--

[[Page 123 STAT. 2244]]

            (1) in subparagraph (A) by inserting ``, of the National 
        Aeronautics and Space Administration,'' after ``the Department 
        of Defense''; and
            (2) by adding at the end the following new subparagraph (C):

    ``(C) A federally funded research and development center of the 
National Aeronautics and Space Administration that functions primarily 
as a research laboratory may respond to broad agency announcements under 
programs authorized by the Federal Government for the purpose of 
promoting the research, development, demonstration, or transfer of 
technology in a manner consistent with the terms and conditions of such 
program.''.
SEC. 255. NEXT GENERATION BOMBER AIRCRAFT.

    (a) Findings.--Congress makes the following findings:
            (1) Long-range strike is a critical mission in which the 
        United States needs to retain a credible and dominant 
        capability.
            (2) Long range, penetrating strike systems provide--
                    (A) a hedge against being unable to obtain access to 
                forward bases for political reasons;
                    (B) a capacity to respond quickly to contingencies;
                    (C) the ability to base outside the reach of 
                emerging adversary anti-access and area-denial 
                capabilities; and
                    (D) the ability to impose disproportionate defensive 
                costs on prospective adversaries of the United States.
            (3) The 2006 quadrennial defense review found that there was 
        a requirement for a next generation bomber aircraft and directed 
        the United States Air Force to ``develop a new land-based, 
        penetrating long range strike capability to be fielded by 
        2018''.
            (4) On April 6, 2009, Secretary of Defense Robert Gates 
        announced that the United States ``will not pursue a development 
        program for a follow-on Air Force bomber until we have a better 
        understanding of the need, the requirement and the technology''.
            (5) On May 7, 2009, President Barack Obama announced the 
        termination of the next generation bomber aircraft program in 
        the document of the Office of Management and Budget entitled 
        ``Terminations, Reductions, and Savings'', stating that ``there 
        is no urgent need to begin an expensive development program for 
        a new bomber'' and that ``the future bomber fleet may not be 
        affordable over the next six years''.
            (6) The United States will need a new long-range strike 
        capability because the conflicts of the future will likely 
        feature heavily defended airspace, due in large part to the 
        proliferation of relatively inexpensive, but sophisticated and 
        deadly, air defense systems.
            (7) General Michael Maples, the Director of the Defense 
        Intelligence Agency, noted during a March 10, 2009, hearing of 
        the Committee on Armed Services of the Senate on worldwide 
        threats that ``Russia, quite frankly, is the developer of most 
        of those [advanced air defense] systems and is exporting those 
        systems both to China and to other countries in the world''.
            (8) The Final Report of the Congressional Commission on the 
        Strategic Posture of the United States, submitted to Congress on 
        May 6, 2009, states that ``[t]he bomber force is valuable

[[Page 123 STAT. 2245]]

        particularly for extending deterrence in time of crisis, as 
        their deployment is visible and signals U.S. commitment. Bombers 
        also impose a significant cost burden on potential adversaries 
        in terms of the need to invest in advanced air defenses''.
            (9) The commanders of the United States Pacific Command, the 
        United States Strategic Command, and the United States Joint 
        Forces Command have each testified before the Committee on Armed 
        Services of the Senate in support of the capability that the 
        next generation bomber aircraft would provide.
            (10) On June 17, 2009, General James Cartwright, Vice-
        Chairman of the Joint Chiefs of Staff and chair of the Joint 
        Requirements Oversight Council, stated during a hearing before 
        the Committee on Armed Services of the Senate that ``the nation 
        needs a new bomber''.
            (11) Nearly half of the United States bomber aircraft 
        inventory (47 percent) pre-dates the Cuban Missile Crisis.
            (12) The only air-breathing strike platforms the United 
        States possesses today with reach and survivability to have a 
        chance of successfully executing missions more than 1,000 
        nautical miles into enemy territory from the last air-to-air 
        refueling are 16 combat ready B-2 bomber aircraft.
            (13) The B-2 bomber aircraft was designed in the 1980s and 
        achieved initial operational capability over a decade ago.
            (14) The crash of an operational B-2 bomber aircraft during 
        takeoff at Guam in early 2008 indicates that attrition can and 
        does occur even in peacetime.
            (15) The primary mission requirement of the next generation 
        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-
        observable technologies to develop the next generation bomber 
        aircraft already exist in fifth-generation fighter aircraft.

    (b) Policy on Continued Development of Next Generation Bomber 
Aircraft in Fiscal Year 2010.--It is the policy of the United States to 
support a development program for next generation bomber aircraft 
technologies.

                  TITLE III--OPERATION AND MAINTENANCE

               Subtitle A--Authorization of Appropriations

Sec. 301. Operation and maintenance funding.
Sec. 302. Relation to funding table.

                  Subtitle B--Environmental Provisions

Sec. 311. Clarification of requirement for use of available funds for 
           Department of Defense participation in conservation banking 
           programs.
Sec. 312. Reauthorization of title I of Sikes Act.
Sec. 313. Authority of Secretary of a military department to enter into 
           interagency agreements for land management on Department of 
           Defense installations.
Sec. 314. Reauthorization of pilot program for invasive species 
           management for military installations in Guam.
Sec. 315. Reimbursement of Environmental Protection Agency for certain 
           costs in connection with the Former Nansemond Ordnance Depot 
           Site, Suffolk, Virginia.
Sec. 316. Procurement and use of munitions.
Sec. 317. Prohibition on disposing of waste in open-air burn pits.

[[Page 123 STAT. 2246]]

Sec. 318. Military munitions response sites.

                 Subtitle C--Workplace and Depot Issues

Sec. 321. Public-private competition required before conversion of any 
           Department of Defense function performed by civilian 
           employees to contractor performance.
Sec. 322. Time limitation on duration of public-private competitions.
Sec. 323. Policy regarding installation of major modifications and 
           upgrades.
Sec. 324. Modification of authority for Army industrial facilities to 
           engage in cooperative activities with non-Army entities.
Sec. 325. Temporary suspension of public-private competitions for 
           conversion of Department of Defense functions to performance 
           by a contractor.
Sec. 326. Requirement for debriefings related to conversion of functions 
           from performance by Federal employees to performance by a 
           contractor.
Sec. 327. Amendments to bid protest procedures by Federal employees and 
           agency officials in conversions of functions from performance 
           by Federal employees to performance by a contractor.
Sec. 328. Improvement of inventory management practices.
Sec. 329. Modification of date for submittal to Congress of annual 
           report on funding for public and private performance of 
           depot-level maintenance and repair workloads.

                       Subtitle D--Energy Security

Sec. 331. Authorization of appropriations for Director of Operational 
           Energy.
Sec. 332. Extension and expansion of reporting requirements regarding 
           Department of Defense energy efficiency programs.
Sec. 333. Report on implementation of Comptroller General 
           recommendations on fuel demand management at forward-deployed 
           locations.
Sec. 334. Report on use of renewable fuels to meet energy requirements 
           of Department of Defense.
Sec. 335. Energy security on Department of Defense installations.

                           Subtitle E--Reports

Sec. 341. Annual report on procurement of military working dogs.
Sec. 342. Plan for managing vegetative encroachment at training ranges.
Sec. 343. Comptroller General report on the sustainment strategy for the 
           AV-8B Harrier aircraft.
Sec. 344. Study on Army modularity.

                        Subtitle F--Other Matters

Sec. 351. Authority for airlift transportation at Department of Defense 
           rates for non-Department of Defense Federal cargoes.
Sec. 352. Policy on ground combat and camouflage utility uniforms.
Sec. 353. Condition-based maintenance demonstration programs.
Sec. 354. Extension of arsenal support program initiative.

               Subtitle A--Authorization of Appropriations

SEC. 301. OPERATION AND MAINTENANCE FUNDING.

    Funds are hereby authorized to be appropriated for fiscal year 2010 
for the use of the Armed Forces and other activities and agencies of the 
Department of Defense for expenses, not otherwise provided for, for 
operation and maintenance, in amounts as follows:
            (1) For the Army, $31,263,332,000.
            (2) For the Navy, $35,041,274,000.
            (3) For the Marine Corps, $5,543,223,000.
            (4) For the Air Force, $34,527,149,000.
            (5) For Defense-wide activities, $28,327,396,000.
            (6) For the Army Reserve, $2,620,196,000.
            (7) For the Naval Reserve, $1,278,501,000.
            (8) For the Marine Corps Reserve, $228,925,000.
            (9) For the Air Force Reserve, $3,079,228,000.
            (10) For the Army National Guard, $6,262,184,000.

[[Page 123 STAT. 2247]]

            (11) For the Air National Guard, $5,885,761,000.
            (12) For the United States Court of Appeals for the Armed 
        Forces, $13,932,000.
            (13) For the Acquisition Development Workforce Fund, 
        $100,000,000.
            (14) For Environmental Restoration, Army, $415,864,000.
            (15) For Environmental Restoration, Navy, $285,869,000.
            (16) For Environmental Restoration, Air Force, $494,276,000.
            (17) For Environmental Restoration, Defense-wide, 
        $11,000,000.
            (18) For Environmental Restoration, Formerly Used Defense 
        Sites, $267,700,000.
            (19) For Overseas Humanitarian, Disaster, and Civic Aid 
        programs, $109,869,000.
            (20) For Cooperative Threat Reduction programs, 
        $424,093,000.
SEC. 302. RELATION TO FUNDING TABLE.

    The amounts authorized to be appropriated by section 301 shall be 
available, in accordance with the requirements of section 4001, for 
projects, programs, and activities, and in the amounts, specified in the 
funding table in section 4301.

                  Subtitle B--Environmental Provisions

SEC. 311. CLARIFICATION OF REQUIREMENT FOR USE OF AVAILABLE FUNDS 
                        FOR DEPARTMENT OF DEFENSE PARTICIPATION IN 
                        CONSERVATION BANKING PROGRAMS.

    Section 2694c of title 10, United States Code, is amended--
            (1) in subsection (a), by striking ``to carry out this 
        section'';
            (2) by redesignating subsection (d) as subsection (e); and
            (3) by inserting after subsection (c) the following new 
        subsection (d):

    ``(d) Source of Funds.--Amounts available from any of the following 
shall be available for activities under this section:
            ``(1) Operation and maintenance.
            ``(2) Military construction.
            ``(3) Research, development, test, and evaluation.
            ``(4) The Support for United States Relocation to Guam 
        Account established under section 2824 of the Military 
        Construction Act for Fiscal Year 2009 (division B of Public Law 
        110-417; 122 Stat. 4730; 10 U.S.C. 2687 note).''.
SEC. 312. REAUTHORIZATION OF TITLE I OF SIKES ACT.

    (a) Reauthorization.--Section 108 of the Sikes Act (16 U.S.C. 670f) 
is amended by striking ``fiscal years 2004 through 2008'' each place it 
appears and inserting ``fiscal years 2009 through 2014''.
    (b) Clarification of Authorizations.--Such section is further 
amended--
            (1) in subsection (b), by striking ``There are authorized'' 
        and inserting ``Of the amounts authorized to be appropriated to 
        the Department of Defense, there are authorized''; and
            (2) in subsection (c), by striking ``There are authorized'' 
        and inserting ``Of the amounts authorized to be appropriated to 
        the Department of the Interior, there are authorized''.

[[Page 123 STAT. 2248]]

SEC. 313. AUTHORITY OF SECRETARY OF A MILITARY DEPARTMENT TO ENTER 
                        INTO INTERAGENCY AGREEMENTS FOR LAND 
                        MANAGEMENT ON DEPARTMENT OF DEFENSE 
                        INSTALLATIONS.

    (a) Authority.--Section 103a of the Sikes Act (16 U.S.C. 670c-1) is 
amended--
            (1) in subsection (a)--
                    (A) by inserting after ``and individuals'' the 
                following: ``, and into interagency agreements with the 
                heads of other Federal departments and agencies,''; and
                    (B) in paragraph (2), by inserting ``or interagency 
                agreement'' after ``cooperative agreement'';
            (2) in subsection (b), by inserting ``or interagency 
        agreement'' after ``cooperative agreement''; and
            (3) in subsection (c), by inserting ``and interagency 
        agreements'' after ``Cooperative agreements''.

    (b) Clerical Amendments.--The heading for such section is amended by 
inserting ``and interagency'' after ``cooperative''.
SEC. 314. REAUTHORIZATION OF PILOT PROGRAM FOR INVASIVE SPECIES 
                        MANAGEMENT FOR MILITARY INSTALLATIONS IN 
                        GUAM.

    Section 101(g)(1) of the Sikes Act (16 U.S.C. 670a(g)(1)) is amended 
by striking ``fiscal years 2004 through 2008'' and inserting ``fiscal 
years 2009 through 2014''.
SEC. 315. REIMBURSEMENT OF ENVIRONMENTAL PROTECTION AGENCY FOR 
                        CERTAIN COSTS IN CONNECTION WITH THE 
                        FORMER NANSEMOND ORDNANCE DEPOT SITE, 
                        SUFFOLK, VIRGINIA.

    (a) Authority to Reimburse.--
            (1) Transfer amount.--Using funds described in subsection 
        (b) and notwithstanding section 2215 of title 10, United States 
        Code, the Secretary of Defense may transfer not more than 
        $68,623 during fiscal year 2010 to the Former Nansemond Ordnance 
        Depot Site Special Account, within the Hazardous Substance 
        Superfund.
            (2) Purpose of reimbursement.--The payment under paragraph 
        (1) is final payment to reimburse the Environmental Protection 
        Agency for all costs incurred in overseeing a time critical 
        removal action performed by the Department of Defense under the 
        Defense Environmental Restoration Program for ordnance and 
        explosive safety hazards at the Former Nansemond Ordnance Depot 
        Site, Suffolk, Virginia.
            (3) Interagency agreement.--The reimbursement described in 
        paragraph (2) is provided for in an interagency agreement 
        entered into by the Department of the Army and the Environmental 
        Protection Agency for the Former Nansemond Ordnance Depot Site 
        in December 1999.

    (b) Source of Funds.--Any payment under subsection (a) shall be made 
using funds authorized to be appropriated by section 301(18) of this Act 
for operation and maintenance for Environmental Restoration, Formerly 
Used Defense Sites.
    (c) Use of Funds.--The Environmental Protection Agency shall use the 
amount transferred under subsection (a) to pay costs incurred by the 
agency at the Former Nansemond Ordnance Depot Site.

[[Page 123 STAT. 2249]]

SEC. 316. PROCUREMENT AND USE OF MUNITIONS.

    The Secretary of Defense shall--
            (1) <<NOTE: Methods.>> in making decisions with respect to 
        the procurement of munitions, develop methods to account for the 
        full life-cycle costs of munitions, including the effects of 
        failure rates on the cost of disposal;
            (2) <<NOTE: Review.>> undertake a review of live-fire 
        practices for the purpose of reducing unexploded ordnance and 
        munitions-constituent contamination without impeding military 
        readiness; and
            (3) <<NOTE: Deadlines. Reports.>> not later than 180 days 
        after the date of the enactment of this Act, submit to Congress 
        a report on the methods developed 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-constituent contamination.
SEC. 317. <<NOTE: 10 USC 2701 note.>> PROHIBITION ON DISPOSING OF 
                        WASTE IN OPEN-AIR BURN PITS.

    (a) Regulations.--
            (1) In general.-- <<NOTE: Deadline. Determination.>> Not 
        later than 120 days after the date of the enactment of this Act, 
        the Secretary of Defense shall prescribe regulations prohibiting 
        the disposal of covered waste in open-air burn pits during 
        contingency operations except in circumstances in which the 
        Secretary determines that no alternative disposal method is 
        feasible. <<NOTE: Applicability.>> Such regulations shall apply 
        to contingency operations that are ongoing as of the date of the 
        enactment of this Act, including Operation Iraqi Freedom and 
        Operation Enduring Freedom, and to contingency operations that 
        begin after the date of the enactment of this Act.
            (2) Notification.--In determining that no alternative 
        disposal method is feasible for an open-air burn pit pursuant to 
        regulations prescribed under paragraph (1), the Secretary 
        shall--
                    (A) <<NOTE: Deadline.>> not later than 30 days after 
                such determination is made, submit to the Committees on 
                Armed Services of the Senate and House of 
                Representatives notice of such determination, including 
                the circumstances, reasoning, and methodology that led 
                to such determination; and
                    (B) <<NOTE: Time periods. Submission.>> 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 justifications of the 
                Secretary for continuing to operate such open-air burn 
                pit.

    (b) Report.--Not later than 180 days after the date of the enactment 
of this Act, the Secretary shall submit to the Committees on Armed 
Services of the Senate and House of Representatives a report on the use 
of open-air burn pits by the United States Armed Forces. Such report 
shall include--
            (1) an explanation of the situations and circumstances under 
        which open-air burn pits are used to dispose of waste during 
        military exercises and operations worldwide;
            (2) a detailed description of the types of waste authorized 
        to be burned in open-air burn pits;
            (3) a plan through which the Secretary intends to develop 
        and implement alternatives to the use of open-air burn pits;

[[Page 123 STAT. 2250]]

            (4) a copy of the regulations required to be prescribed by 
        subsection (a);
            (5) the health and environmental compliance standards the 
        Secretary has established for military and contractor operations 
        in Iraq and Afghanistan with regard to solid waste disposal, 
        including an assessment of whether those standards are being 
        met;
            (6) a description of the environmental, health, and 
        operational impacts of open-pit burning of plastics and the 
        feasibility of including plastics in the regulations prescribed 
        pursuant to subsection (a); and
            (7) an assessment of the ability of existing medical 
        surveillance programs to identify and track exposures to toxic 
        substances that result from open-air burn pits, including 
        recommendations for such changes to such programs as would be 
        required to more accurately identify and track such exposures.

    (c) Definitions.--In this section:
            (1) The term ``contingency operation'' has the meaning given 
        that term by section 101(a)(13) of title 10, United States Code.
            (2) The term ``covered waste'' includes--
                    (A) hazardous waste, as defined by section 1004(5) 
                of the Solid Waste Disposal Act (42 U.S.C. 6903(5));
                    (B) medical waste; and
                    (C) other waste as designated by the Secretary.
SEC. 318. MILITARY MUNITIONS RESPONSE SITES.

    (a) Information Sharing.--Section 2710(a)(2)(B) of title 10, United 
States Code, is amended by inserting ``, including the county, where 
applicable,'' after ``political subdivisions of the State''.
    (b) Military Munitions Response Program and Installation Restoration 
Program.--As part of the annual budget submission of the Secretary of 
Defense to Congress, the Secretary shall include the funding levels 
requested for the Military Munitions Response Program and the 
Installation Restoration Program.

                 Subtitle C--Workplace and Depot Issues

SEC. 321. PUBLIC-PRIVATE COMPETITION REQUIRED BEFORE CONVERSION OF 
                        ANY DEPARTMENT OF DEFENSE FUNCTION 
                        PERFORMED BY CIVILIAN EMPLOYEES TO 
                        CONTRACTOR PERFORMANCE.

    (a) Requirement.--Paragraph (1) of section 2461(a) of title 10, 
United States Code, is amended--
            (1) by striking ``A function'' and inserting ``No 
        function'';
            (2) by striking ``10 or more''; and
            (3) by striking ``may not be converted'' and inserting ``may 
        be converted''.

    (b) <<NOTE: 10 USC 2461 note.>> Effective Date.--The amendments made 
by subsection (a) shall apply with respect to a function for which a 
public-private competition is commenced on or after the date of the 
enactment of this Act.

[[Page 123 STAT. 2251]]

SEC. 322. TIME LIMITATION ON DURATION OF PUBLIC-PRIVATE 
                        COMPETITIONS.

    (a) Time Limitation.--Section 2461(a) of title 10, United States 
Code, as amended by section 321, is further amended by adding at the end 
the following new paragraph:
    ``(5)(A) Except as provided in subparagraph (B), the duration of a 
public-private competition conducted pursuant to Office of Management 
and Budget Circular A-76 or any other provision of law for any function 
of the Department of Defense performed by Department of Defense civilian 
employees may not exceed a period of 24 months, commencing on the date 
on which the preliminary 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) <<NOTE: Determination.>> determines that the 
        competition is of such complexity that it cannot be completed 
        within 24 months; and
            ``(II) <<NOTE: Notification.>> submits to Congress, as part 
        of the formal congressional notification of a public-private 
        competition pursuant to subsection (c), written notification 
        that explains the basis of such determination.

    ``(ii) The notification under clause (i)(II) shall also address each 
of the following:
            ``(I) Any efforts of the Secretary to break up the study 
        geographically or functionally.
            ``(II) The Secretary's justification for undertaking a 
        public-private competition instead of using internal 
        reengineering alternatives.
            ``(III) The cost savings that the Secretary expects to 
        achieve as a result of the public-private competition.

    ``(iii) If the Secretary specifies an alternative time period under 
this subparagraph, the alternative time period shall be binding on the 
Department in the same manner and to the same extent as the limitation 
provided in subparagraph (A).
    ``(C) The time period specified in subparagraph (A) for a public-
private competition does not include any day during which the public-
private competition is delayed by reason of the filing of a protest 
before the Government Accountability Office or a complaint in the United 
States Court of Federal Claims up until the day the decision or 
recommendation of either authority becomes final. In the case of a 
protest before the Government Accountability Office, the recommendation 
becomes final after the period of time for filing a request for 
reconsideration, or if a request for reconsideration 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 terminate the public-private 
competition or extend the period of time specified for the public-
private competition under subparagraph (A) or subparagraph (B). 
If <<NOTE: Notice.>> the Secretary decides not to terminate a 
competition, the Secretary shall submit to Congress written notice

[[Page 123 STAT. 2252]]

of such decision. Any such notification shall include a justification 
for the Secretary's decision and a new time limitation for the 
competition, which shall not exceed 12 months from the final decision 
and shall be binding on the Department.

    ``(E) For the purposes of this paragraph, preliminary planning with 
respect to a public-private competition, begins on the date on which the 
Department of Defense obligates funds for the acquisition of contract 
support, or formally assigns Department of Defense personnel, to carry 
out any of the following activities:
            ``(i) Determining the scope of the competition.
            ``(ii) Conducting research to determine the appropriate 
        grouping of functions for the competition.
            ``(iii) Assessing the availability of workload data, 
        quantifiable 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) <<NOTE: Notice. Public information. Web posting.>> To 
effectively establish the date that is the first day of preliminary 
planning for a public-private competition, the head of a military 
department shall submit to Congress written notice of such date and 
shall provide public notice by announcing such date on an appropriate 
Internet website. Such date is the first day of preliminary planning for 
a public-private competition for the purpose of computing the duration 
of the public private competition for purposes of this section.

    ``(G) <<NOTE: Deadline. Reports.>> 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 Secretary for such alternative time periods.''

    (b) <<NOTE: 10 USC 2461 note.>> Effective Date.--Paragraph (5) of 
section 2461(a) of title 10, United States Code, as added by subsection 
(a), shall apply with respect to a public-private competition covered by 
such section that is initiated on or after the date of the enactment of 
this Act.

    (c) <<NOTE: Deadlines. Reports.>> Comptroller General Reviews.--Not 
later than two years after the date of the enactment of this Act, and 
three years thereafter, the Comptroller General shall submit to the 
congressional defense committees a report on the use by the Secretary of 
Defense of the alternative time period authority under section 
2461(a)(5)(B) of title 10, United States Code, and the appropriateness 
and thoroughness of the explanations of the Secretary for such use.
SEC. 323. POLICY REGARDING INSTALLATION OF MAJOR MODIFICATIONS AND 
                        UPGRADES.

    It is the Sense of Congress that no changes should be made to--
            (1) the policy of the Department of Defense that in the 
        annual allocation of depot-level maintenance and repair required 
        under section 2466 of title 10, United States Code, the 
        installation of major modifications and upgrades are considered 
        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.

[[Page 123 STAT. 2253]]

SEC. 324. MODIFICATION OF AUTHORITY FOR ARMY INDUSTRIAL FACILITIES 
                        TO ENGAGE IN COOPERATIVE ACTIVITIES WITH 
                        NON-ARMY ENTITIES.

    (a) Clarification of Authority to Enter Into Cooperative 
Agreements.--The second sentence of section 4544(a) of title 10, United 
States Code, as added by section 328(a)(1) of the National Defense 
Authorization Act for Fiscal Year 2008 (Public Law 110-181; 122 Stat. 
66), is amended by inserting after ``not more than eight contracts or 
cooperative agreements'' the following: ``in addition to the contracts 
and cooperative agreements in place as of the date of the enactment of 
the National Defense Authorization Act for Fiscal Year 2008 (Public Law 
110-181)''.
    (b) Additional Elements Required for Analysis of Use of Authority.--
Section 328(b)(2) of the National Defense Authorization Act for Fiscal 
Year 2008 (Public Law 110-181; 122 Stat. 67) <<NOTE: 10 USC 4544 
note.>> is amended--
            (1) by striking ``a report assessing the advisability'' and 
        inserting the following: ``a report--
                    ``(A) assessing the advisability''; and
            (2) by striking ``pursuant to such authority.'' and 
        inserting the following: ``pursuant to such authority;
                    ``(B) assessing the benefit to the Federal 
                Government of using such authority;
                    ``(C) assessing the impact of the use of such 
                authority on the availability of facilities needed by 
                the Army and on the private sector; and
                    ``(D) describing the steps taken to comply with the 
                requirements under section 4544(g) of title 10, United 
                States Code.''.
SEC. 325. TEMPORARY SUSPENSION OF PUBLIC-PRIVATE COMPETITIONS FOR 
                        CONVERSION OF DEPARTMENT OF DEFENSE 
                        FUNCTIONS TO PERFORMANCE BY A CONTRACTOR.

    (a) Temporary Suspension.-- <<NOTE: Time period.>> During the period 
beginning on the date of the enactment of this Act and ending on the 
date that is 30 days after the date on which the Secretary of Defense 
submits to the congressional defense committees the certification 
required under subsection (d), no study or competition regarding a 
public-private competition for the conversion to performance by a 
contractor for any function performed by Department of Defense civilian 
employees may be begun or announced pursuant to 2461 of title 10, United 
States Code, or otherwise pursuant to Office of Management and Budget 
Circular A-76.

    (b) Review and Report to Congress.--During fiscal year 2010, the 
Secretary of Defense, acting through the Under Secretary of Defense for 
Personnel Readiness, in consultation with the Under Secretary for 
Acquisition, Technology, and Logistics and the Comptroller of the 
Department of Defense, shall undertake a comprehensive review of the 
policies of the Department of Defense with respect to the conduct of 
public-private competitions. The Secretary shall submit to the 
congressional defense committees a report on such review not earlier 
than June 15, 2010. The review, at a minimum, shall address--
            (1) the status of the compliance of the Department with the 
        requirement of 2461(a)(1) of title 10, United States Code, as 
        amended by section 321 of this Act;

[[Page 123 STAT. 2254]]

            (2) actions taken by the Secretary to address issues raised 
        in the report of the Department of Defense Inspector General 
        numbered D-2009-034 and dated December 15, 2008;
            (3) the reliability of systems in effect as of the date of 
        the enactment of this Act to provide comprehensive and reliable 
        data to track and assess the cost and quality of the performance 
        of functions that have been subjected to a public-private 
        competition;
            (4) the appropriateness of the cost differential in effect 
        as of the date of the enactment of this Act for determining the 
        quantifiable costs and the current overhead rates applied with 
        respect to such functions; and
            (5) the adequacy of the policies of the Department of 
        Defense in implementing the requirements of section 2461(a)(4) 
        of title 10, United States Code.

    (c) Comptroller General Review.-- 
<<NOTE: Deadline. Assessment. Reports.>> Not later than 90 days after 
the date on which the report required under subsection (b) is submitted 
to the congressional defense committees, the Comptroller General shall 
conduct an assessment of the review required under paragraph (b) and 
shall submit to the congressional defense committees a report on the 
findings of such assessment and any conclusions or recommendations of 
the Comptroller General based on such assessment.

    (d) Certification Required.-- <<NOTE: Federal Register, 
publication.>> The Secretary of Defense shall publish in the Federal 
Register and submit to the congressional defense committees 
certification that--
            (1) the review required by subsection (b) has been 
        completed, and that the 90-day period during which the 
        assessment of the Comptroller General is to be completed under 
        subsection (c) has expired;
            (2) the Secretary of Defense has completed and submitted to 
        the congressional defense committees a complete inventory of 
        contracts for services for or on behalf of the Department in 
        compliance with the requirements of subsection (c) of section 
        2330a of title 10, United States Code;
            (3) the Secretary of each military department and the head 
        of each Defense Agency responsible for activities in the 
        inventory has initiated the review and planning activities of 
        subsection (e) of such section; and
            (4) the Secretary of Defense has submitted budget 
        information on contract services in compliance with the 
        requirements of section 236 of title 10, United States Code.
SEC. 326. <<NOTE: 31 USC 501 note.>> REQUIREMENT FOR DEBRIEFINGS 
                        RELATED TO CONVERSION OF FUNCTIONS FROM 
                        PERFORMANCE BY FEDERAL EMPLOYEES TO 
                        PERFORMANCE BY A CONTRACTOR.

    The Administrator for Federal Procurement Policy shall revise the 
Federal Acquisition Regulation to allow for debriefings of Federal 
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 performance by a contractor. Such 
debriefings will conform to the requirements 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

[[Page 123 STAT. 2255]]

in effect on the date of the enactment of this Act ) of the Federal 
Acquisition Regulation.
SEC. 327. AMENDMENTS TO BID PROTEST PROCEDURES BY FEDERAL 
                        EMPLOYEES AND AGENCY OFFICIALS IN 
                        CONVERSIONS OF FUNCTIONS FROM PERFORMANCE 
                        BY FEDERAL EMPLOYEES TO PERFORMANCE BY A 
                        CONTRACTOR.

    (a) Protest Jurisdiction of the Comptroller General.--Section 
3551(1) of title 31, United States Code, is amended by adding at the end 
the following new subparagraph:
                    ``(E) Conversion of a function that is being 
                performed by Federal employees to private sector 
                performance.''.

    (b) Eligibility to Protest Public-private Competitions.--Clause (i) 
of paragraph (2)(B) of section 3551 of title 31, United States Code, is 
amended to read as follows:
                          ``(i) any official who is responsible for 
                      submitting the agency tender in such competition; 
                      and''.

    (c) Decisions on Protests.--Section 3554(b) of title 31, United 
States Code, is amended--
            (1) by redesignating subparagraphs (C) through (G) as 
        subparagraphs (D) through (H), respectively;
            (2) by inserting after subparagraph (B) the following new 
        subparagraph (C):
                    ``(C) cancel the solicitation issued pursuant to the 
                public-private competition conducted under Office of 
                Management and Budget Circular A-76 or any successor 
                circular;''; and
            (3) in subparagraph (G), as redesignated by paragraph (1), 
        by striking ``, and (E)'' and inserting ``, (E), and (F)''.

    (d) Applicability.-- <<NOTE: 31 USC 3551 note.>> The amendments made 
by this section shall apply--
            (1) to any protest or civil action that relates to a public-
        private competition conducted after the date of the enactment of 
        this Act under Office of Management and Budget Circular A-76, or 
        any successor circular; and
            (2) to a decision made after the date of the enactment of 
        this Act to convert a function performed by Federal employees to 
        private sector performance without a competition under Office of 
        Management and Budget Circular A-76.
SEC. 328. <<NOTE: 10 USC 2458 note.>> IMPROVEMENT OF INVENTORY 
                        MANAGEMENT PRACTICES.

    (a) Inventory Management Practices Improvement Plan Required.-- 
<<NOTE: Deadline.>> Not later than 270 days after the date of the 
enactment of this Act, the Secretary of Defense shall submit to the 
congressional defense committees a comprehensive plan for improving the 
inventory management systems of the military departments and the Defense 
Logistics Agency with the objective of reducing the acquisition and 
storage of secondary inventory that is excess to requirements.

    (b) Elements.--The plan under subsection (a) shall include the 
following:
            (1) A plan for a comprehensive review of demand-forecasting 
        procedures to identify and correct any systematic weaknesses 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

[[Page 123 STAT. 2256]]

        to link wholesale and retail inventory levels through multi-
        echelon modeling.
            (3) A plan to reduce the average level of on-order secondary 
        inventory that is excess to requirements, including a 
        requirement for the systemic review of such inventory for 
        possible contract termination.
            (4) A plan for the review and validation of methods used by 
        the military departments and the Defense Logistics Agency to 
        establish economic retention requirements.
            (5) A plan for an independent review of methods used by the 
        military departments and the Defense Logistics Agency to 
        establish contingency retention requirements.
            (6) A plan to identify items stored in secondary inventory 
        that require substantial amounts of storage space and shift such 
        items, where practicable, to direct vendor delivery.
            (7) A plan for a comprehensive assessment of inventory items 
        on hand that have no recurring demands, including the 
        development of--
                    (A) metrics to track years of no demand for items in 
                stock; and
                    (B) procedures for ensuring the systemic review of 
                such items for potential reutilization or disposal.
            (8) A plan to more aggressively pursue disposal reviews and 
        actions on stocks identified for potential reutilization or 
        disposal.

    (c) GAO Reports.--
            (1) Assessment of plan.--Not later than 60 days after the 
        date on which the plan required by subsection (a) is submitted 
        as specified in that subsection, the Comptroller General shall 
        submit to the congressional defense committees a report setting 
        forth an assessment of the extent to which the plan meets the 
        requirements of this section.
            (2) Assessment of implementation.--Not later than 18 months 
        after the date on which the plan required by subsection (a) is 
        submitted, the Comptroller General shall submit to the 
        congressional defense committees a report setting forth an 
        assessment of the extent to which the plan has been effectively 
        implemented by each military department and by the Defense 
        Logistics Agency.

    (d) Inventory That Is Excess to Requirements Defined.--In this 
section, the term ``inventory that is excess to requirements'' means 
inventory that--
            (1) is excess to the approved acquisition objective 
        concerned; and
            (2) is not needed for the purposes of economic retention or 
        contingency retention.
SEC. 329. MODIFICATION OF DATE FOR SUBMITTAL TO CONGRESS OF ANNUAL 
                        REPORT ON FUNDING FOR PUBLIC AND PRIVATE 
                        PERFORMANCE OF DEPOT-LEVEL MAINTENANCE AND 
                        REPAIR WORKLOADS.

    Section 2466(d)(1) of title 10, United States Code, is amended by 
striking ``April 1 of each year'' and inserting ``90 days after the date 
on which the budget of the President for a fiscal year is submitted to 
Congress pursuant to section 1105 of title 31''.

[[Page 123 STAT. 2257]]

                       Subtitle D--Energy Security

SEC. 331. AUTHORIZATION OF APPROPRIATIONS FOR DIRECTOR OF 
                        OPERATIONAL ENERGY.

    Of the amounts authorized to be appropriated for Operation and 
Maintenance, Defense-wide, $5,000,000 is for the Director of Operational 
Energy Plans and Programs to carry out the duties prescribed for the 
Director under section 139b of title 10, United States Code, to be made 
available upon the confirmation of an individual to serve as the 
Director of Operational Energy Plans and Programs.
SEC. 332. EXTENSION AND EXPANSION OF REPORTING REQUIREMENTS 
                        REGARDING DEPARTMENT OF DEFENSE ENERGY 
                        EFFICIENCY PROGRAMS.

    (a) New Reporting Requirements.--Section 2925(a) of title 10, United 
States Code, is amended--
            (1) in paragraph (1), by inserting after ``(Public Law 109-
        58),'' the following: ``section 2911(e) of this title, section 
        533 of the National Energy Conservation Policy Act (42 U.S.C. 
        8259b),'';
            (2) by redesignating paragraphs (2) through (6) as 
        paragraphs (4) through (8), respectively;
            (3) by inserting after paragraph (1) the following new 
        paragraphs (2) and (3):
            ``(2) A table detailing funding, by account, for all energy 
        projects funded through appropriations.
            ``(3) A table listing all energy projects financed through 
        third party financing mechanisms (including energy savings 
        performance contracts, enhanced use leases, utility energy 
        service contracts, utility privatization agreements, and other 
        contractual mechanisms), the duration of each such mechanism, an 
        estimate of the financial obligation incurred through the 
        duration of each such mechanism, and the estimated payback 
        period for each such mechanism.''; and
            (4) by adding at the end the following new paragraphs:
            ``(9) A description of steps taken to determine best 
        practices for measuring energy consumption in Department of 
        Defense facilities and installations, in order to use the data 
        for better energy management.
            ``(10) A description of any other issues and strategies the 
        Secretary determines relevant to a comprehensive and renewable 
        energy policy.''.

    (b) Additional Material Required for First Expanded Report.--The 
first report submitted by the Secretary of Defense under section 2925(a) 
of title 10, United States Code, as amended by subsection (a), after the 
date of the enactment of this Act shall include, in addition to the 
matters required under such section, as so amended, the following:
            (1) <<NOTE: Determination.>> A determination of whether the 
        tools that exist as of the date of the enactment of this Act, 
        including the Energy Conservation Investment Program and the 
        Energy Savings Performance Contracts Program, are sufficient to 
        support renewable energy projects to achieve the Department's 
        installation energy goals, or if new funding mechanisms would be 
        beneficial.

[[Page 123 STAT. 2258]]

            (2) A determination of the cost and feasibility of a policy 
        that would require new power generation projects established on 
        installations to be able to switch to provide power for military 
        operations in the event of a commercial grid outage.
            (3) An assessment of the extent to which State and regional 
        laws and regulations and market structures provide opportunities 
        or obstacles to establish renewable energy projects on military 
        installations.
            (4) A determination of the cost and feasibility of 
        developing or acquiring equipment or systems that would result 
        in maximized use of renewable energy sources at contingency 
        locations.
            (5) An assessment of the feasibility of meeting the 
        Department'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 
        construction sustainable design standards (Leadership in Energy 
        and Environmental Design standards) that include a renewable 
        energy component, and a determination as to whether the criteria 
        of the Department's design standards, as in effect on the date 
        of the enactment of this Act, are consistent with the overall 
        goals, including renewable energy goals, of the Secretary.
            (7) The feasibility and cost of developing net-zero energy 
        installations and a detailed assessment, by installation, of 
        power production (including renewable energy) measured against 
        energy consumption.
            (8) A determination of whether a dedicated funding mechanism 
        for renewable energy projects for stand-alone facilities, 
        including National Guard and Reserve centers, would encourage 
        greater use of renewable energy sources both at existing 
        facilities and in new construction.

    (c) Comptroller General Review.--Not later than 180 days after the 
date on which the Secretary of Defense submits the supplemental report 
required under subsection (b), the Comptroller General shall review the 
supplemental report and submit to Congress a report on such review. The 
Comptroller General may conduct such independent analysis of any issues 
covered by such supplemental report, as necessary in furtherance of the 
requirements of this section.
SEC. 333. REPORT ON IMPLEMENTATION OF COMPTROLLER GENERAL 
                        RECOMMENDATIONS ON FUEL DEMAND MANAGEMENT 
                        AT FORWARD-DEPLOYED LOCATIONS.

    Not later than February 1, 2010, the Director of Operational Energy 
Plans and Programs of the Department of Defense (or, in the event that 
no individual has been confirmed as the Director, the Secretary of 
Defense) shall submit to the Committees on Armed Services of the Senate 
and House of Representatives a report on any specific actions that have 
been taken to implement the following three recommendations made by the 
Comptroller General:
            (1) The recommendation that each of the combatant commanders 
        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.

[[Page 123 STAT. 2259]]

            (3) The recommendation that the Chairman of the Joint Chiefs 
        of Staff require that fuel demand considerations be incorporated 
        into the Joint Staff's initiative to develop joint standards of 
        life support at forward-deployed locations.
SEC. 334. REPORT ON USE OF RENEWABLE FUELS TO MEET ENERGY 
                        REQUIREMENTS OF DEPARTMENT OF DEFENSE.

    Not later than February 1, 2010, the Secretary of Defense shall 
submit to the Committees on Armed Services of the Senate and House of 
Representatives a report on the use and potential use of renewable fuels 
in meeting the energy requirements of the Department of Defense. Such 
report shall include each of the following:
            (1) An assessment of the use of renewable fuels, including 
        domestically produced algae-based, biodiesel, and biomass-
        derived fuels, as alternative fuels in aviation, maritime, and 
        ground transportation fleets (including tactical vehicles and 
        applications). Such assessment shall include technical, 
        logistical, and policy considerations.
            (2) An assessment of whether it would be beneficial to 
        establish a renewable fuel commodity class that is distinct from 
        petroleum-based products.
SEC. 335. <<NOTE: 10 USC 2911 note.>> ENERGY SECURITY ON 
                        DEPARTMENT OF DEFENSE INSTALLATIONS.

    (a) Plan for Energy Security Required.--
            (1) In general.-- <<NOTE: Deadline.>> Not later than 180 
        days after the date of the enactment of this Act, the Secretary 
        of Defense shall develop a plan for identifying and addressing 
        areas in which the electricity needed to carry out critical 
        military missions on Department of Defense installations is 
        vulnerable to disruption.
            (2) Elements.--The plan developed under paragraph (1) shall 
        include, at a minimum, the following:
                    (A) An identification of the areas of vulnerability 
                as described in paragraph (1), and an identification of 
                priorities in addressing such areas of vulnerability.
                    (B) A schedule for the actions to be taken by the 
                Department to address such areas of vulnerability.
                    (C) A strategy for working with other public or 
                private sector entities to address such areas of 
                vulnerability that are beyond the control of the 
                Department.
                    (D) An estimate of and consideration for the costs 
                to the Department associated with implementation of the 
                strategy.

    (b) Work With Non-Department of Defense Entities.--The Secretary of 
Defense shall work with other Federal entities, and with State and local 
government entities, to develop any regulations 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.

[[Page 123 STAT. 2260]]

                           Subtitle E--Reports

SEC. 341. ANNUAL REPORT ON PROCUREMENT OF MILITARY WORKING DOGS.

    Section 358 of the Duncan Hunter National Defense Authorization Act 
for Fiscal Year 2009 (Public Law 110-417; 122 Stat. 4427; 10 U.S.C. 2302 
note) is amended--
            (1) by redesignating subsection (c) as subsection (d); and
            (2) by inserting after subsection (b) the following new 
        subsection (c):

    ``(c) Annual Report.--Not later than 90 days after the date of the 
enactment of the National Defense Authorization Act for Fiscal Year 
2010, and annually thereafter for each of the following five years, the 
Secretary, acting through the Executive Agent, shall submit to the 
congressional defense committees a report on the procurement of military 
working dogs for the fiscal year preceding the fiscal year during which 
the report is submitted. Such a report may be combined with the report 
required under section 2583(f) of title 10, United States Code, for the 
same fiscal year as the fiscal year covered by the report under this 
subsection. Each report under this subsection shall include the 
following for the fiscal year covered by the report:
            ``(1) The number of military working dogs procured, by 
        source, by each military department or Defense Agency.
            ``(2) The cost of procuring military working dogs incurred 
        by each military department or Defense Agency.
            ``(3) An explanation for any significant difference in the 
        cost of procuring military working dogs from different 
        sources.''.
SEC. 342. PLAN FOR MANAGING VEGETATIVE ENCROACHMENT AT TRAINING 
                        RANGES.

    Not <<NOTE: Reports.>> 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 
        vegetation and overgrowth.
SEC. 343. COMPTROLLER GENERAL REPORT ON THE SUSTAINMENT STRATEGY 
                        FOR THE AV-8B HARRIER AIRCRAFT.

    (a) Report Required.--Not later than 180 days after the date of the 
enactment of this Act, the Comptroller General shall submit to the 
congressional defense committees a report on the sustainment strategy 
for the AV-8B Harrier aircraft.
    (b) Matters Covered.--The report under subsection (a) shall include, 
at a minimum, each of the following:
            (1) An assessment of the AV-8B Integrated Maintenance 
        Concept, including the acquisition strategy developed to conduct 
        planned maintenance interval events.
            (2) An evaluation of the process and criteria established to 
        determine the assignment of non-core workload.

[[Page 123 STAT. 2261]]

            (3) An examination of the role of the single process owner 
        in distribution of non-core workload, standardization of 
        workload processes, facilitation of public-private partnering, 
        implementation of lessons learned, and execution of contracting 
        authority.
            (4) An evaluation of the execution of responsibilities by 
        the single process owner to reduce planned maintenance interval 
        turn-around time, to reduce cost, to improve material 
        availability, and to ensure necessary logistics and engineering 
        functions are in place to meet objective goals.
SEC. 344. STUDY ON ARMY MODULARITY.

    (a) Study.--
            (1) In general.--Not <<NOTE: Contracts.>> later than 30 days 
        after the date of the enactment of this Act, the Secretary of 
        Defense shall enter into a contract with a Federally Funded 
        Research and Development Center for the conduct of a study on 
        the current and planned modularity structures of the Army to 
        determine each of the following:
                    (A) The operational capability of the Army to 
                execute the core mission of the Army to contribute land 
                power to joint operations.
                    (B) The ability to manage the flexibility and 
                versatility of Army forces across the range of military 
                operations.
                    (C) The tactical, operational, and strategic risk 
                associated with the heavy, medium, and light modular 
                combat brigades and functional support and sustainment 
                brigades.
                    (D) The required and planned end strength for the 
                Army.
            (2) Factors to consider.--The study required under 
        subsection (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 
                analyses, including explicit or implicit assumptions, 
                upon which the modular brigade combat team, functional 
                support and sustainment brigades, and higher 
                headquarters' designs were based.
                    (C) Subsequent analysis that confirmed or modified 
                the original designs.
                    (D) Lessons learned from Operation Iraqi Freedom and 
                Operation Enduring Freedom, including an identification 
                and analysis of how modular brigades or formations were 
                task organized and employed that may have differed from 
                the original modular concept and how that confirmed or 
                modified the original designs.
                    (E) Improvements the Army has made or is 
                implementing in brigade and headquarters designs.
                    (F) The deployability, employability, and 
                sustainability of modular formations compared to the 
                corresponding pre-modular designs of such formations.
            (3) Access to information.--The Secretary of Defense and the 
        Secretary of the Army shall ensure that the Federally Funded 
        Research and Development Center conducting the study required 
        under subsection (a) has access to all necessary data, records, 
        analysis, personnel, and other resources necessary to complete 
        the study.

[[Page 123 STAT. 2262]]

    (b) Report.--
            (1) In general.--Not later than December 31, 2010, the 
        Secretary of Defense shall submit to the congressional defense 
        committees a report containing--
                    (A) the results of the study conducted under 
                subsection (a), together with the comments of the 
                Secretary of Defense on the findings contained in the 
                study; and
                    (B) the separate and independent comments of the 
                Secretary of the Army on the findings contained in the 
                study.
            (2) Classified annex.--The report shall be in unclassified 
        form, but may contain a classified annex.

                        Subtitle F--Other Matters

SEC. 351. AUTHORITY FOR AIRLIFT TRANSPORTATION AT DEPARTMENT OF 
                        DEFENSE RATES FOR NON-DEPARTMENT OF 
                        DEFENSE FEDERAL CARGOES.

    (a) In General.--Section 2642(a) of title 10, United States Code, is 
amended by adding at the end the following new paragraph:
            ``(3) <<NOTE: Time period.>> During the five-year period 
        beginning on the date of the enactment of the National Defense 
        Authorization Act for Fiscal Year 2010, for military airlift 
        services provided to any element of the Federal Government 
        outside the Department of Defense in circumstances other than 
        those specified in paragraphs (1) and (2), but only if the 
        Secretary of Defense determines that the provision of such 
        services will promote the improved use of airlift capacity 
        without any negative effect on the national security objectives 
        or the national security interests contained within the United 
        States commercial air industry.''.

    (b) Annual Report.--Not later than March 1 of each year for which 
the paragraph (3) of section 2642(a) of title 10, United States Code, as 
added by subsection (a), is in effect, the Secretary of Defense shall 
submit to the Committees on Armed Services of the Senate and House of 
Representatives an annual report describing, in detail, the Secretary's 
use of the authority under that paragraph, including--
            (1) how the authority was used;
            (2) the frequency with which the authority was used;
            (3) the Secretary's rationale for the use of the authority; 
        and
            (4) for which agencies the authority was used.
SEC. 352. <<NOTE: 10 USC 771 note prec.>> POLICY ON GROUND COMBAT 
                        AND CAMOUFLAGE UTILITY UNIFORMS.

    (a) Establishment of Policy.--It is the policy of the United States 
that the design and fielding of all future ground combat and camouflage 
utility uniforms of the Armed Forces may uniquely reflect the identity 
of the individual military services, as long as such ground combat and 
camouflage utility uniforms, to the maximum extent practicable--
            (1) provide members of every military service an equivalent 
        level of performance, functionality, and protection commensurate 
        with their respective assigned combat missions;

[[Page 123 STAT. 2263]]

            (2) minimize risk to the individual soldier, sailor, airman, 
        or marine operating in the joint battlespace; and
            (3) provide interoperability with other components of 
        individual war fighter systems, including body armor and other 
        individual protective systems.

    (b) Comptroller General Assessment.--The Comptroller General shall 
conduct an assessment of the ground combat uniforms and camouflage 
utility uniforms currently in use in the Department of Defense. The 
assessment shall examine, at a minimum, each of the following:
            (1) The overall performance of each uniform in various 
        anticipated combat environments and theaters of operations.
            (2) Whether the uniform design of each uniform conforms 
        adequately and is interoperable with currently issued personal 
        protective gear and body armor.
            (3) Costs associated with the design, development, 
        production, procurement, and fielding of existing service-
        specific ground combat and camouflage utility uniforms.
            (4) Challenges and risks associated with fielding members of 
        the Armed Forces into combat theaters in unique or service-
        specific ground combat or camouflage utility uniforms, including 
        the tactical risk to the individuals serving in individual 
        augmentee, in-lieu of force, or joint duty assignments of use of 
        different ground combat uniforms in a combat environment.
            (5) Implications of the use of patents and other proprietary 
        measures that may preclude sharing of technology, advanced 
        uniform design, camouflage techniques, and fire retardence.
            (6) Logistical requirements to field and support forces in 
        varying combat or utility uniforms.

    (c) Report Required.--Not later than 180 days after the date of the 
enactment of this Act, the Comptroller General shall submit to the 
congressional defense committees the results of the assessment conducted 
under subsection (b).
    (d) <<NOTE: Deadline.>> Requirement for Joint Criteria.--In support 
of the policy established in subsection (a), the Secretaries of the 
military departments, consistent with the authority set out in subtitles 
B, C, and D of title 10, United States Code, shall establish joint 
criteria for future ground combat uniforms by not later than 270 days 
after the Comptroller General submits the report required under 
subsection (c). The joint criteria shall take into account the findings 
and recommendations of such report and ensure that new technologies, 
advanced materials, and other advances in ground combat uniform design 
may be shared between the military services and are not precluded from 
being adapted for use by any military service due to military service-
unique proprietary arrangements.
SEC. 353. CONDITION-BASED MAINTENANCE DEMONSTRATION PROGRAMS.

    (a) Tactical Wheeled Vehicles Program.--The Secretary of the Army 
may conduct a 12-month condition-based maintenance demonstration program 
on selected vehicle systems that include on-board diagnostic systems 
suitable to such a demonstration program.
    (b) Surface Combatant Ship Program.--The Secretary of the Navy may 
conduct a 12-month demonstration program on selected systems or 
components of surface combatant ships that include

[[Page 123 STAT. 2264]]

integral diagnostic systems suitable to such a demonstration program.
    (c) Issues to Be Addressed.--The demonstration programs described in 
subsections (a) and (b) shall address, with respect to each vehicle, 
system, or component for which the program is conducted--
            (1) the top 10 maintenance issues;
            (2) non-evidence of failures; and
            (3) the projected return on investment analysis for a 10-
        year period.

    (d) Open Architecture.--The design, system integration, and 
operations of the demonstration programs described in subsections (a) 
and (b) shall be conducted with an open architecture designed to--
            (1) facilitate interface with industry standard computer 
        languages, common software systems, diagnostics tools, reference 
        models, diagnostics reasoners, electronic libraries, and user 
        interfaces for multiple ship and vehicle types; and
            (2) promote competition and ensure the best overall value to 
        the Department of Defense.

    (e) Report.--Not later than October 1, 2010, the Secretary of the 
Army and the Secretary of the Navy shall jointly submit to the 
congressional defense committees a report containing the assessments of 
each of the Secretaries with respect to whether the respective military 
department could reduce maintenance costs and improve operational 
readiness by implementing condition-based maintenance for the current 
and future tactical wheeled vehicle fleets and Navy surface combatants.
SEC. 354. EXTENSION OF ARSENAL SUPPORT PROGRAM INITIATIVE.

    Section 343 of the Floyd D. Spence National Defense Authorization 
Act for Fiscal Year 2001 (10 U.S.C. 4551 note), as amended by section 
341 of the National Defense Authorization Act for Fiscal Year 2008 
(Public Law 110-181; 122 Stat. 69), is further amended--
            (1) in subsection (a), by striking ``2010'' and inserting 
        ``2011''; and
            (2) in subsection (g)(1), by striking ``2010'' and inserting 
        ``2011''.

               TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS

                        Subtitle A--Active Forces

Sec. 401. End strengths for active forces.
Sec. 402. Revision in permanent active duty end strength minimum levels.
Sec. 403. Additional authority for increases of Army active-duty end 
           strengths for fiscal years 2011 and 2012.

                       Subtitle B--Reserve Forces

Sec. 411. End strengths for Selected Reserve.
Sec. 412. End strengths for Reserves on active duty in support of the 
           Reserves.
Sec. 413. End strengths for military technicians (dual status).
Sec. 414. Fiscal year 2010 limitation on number of non-dual status 
           technicians.
Sec. 415. Maximum number of reserve personnel authorized to be on active 
           duty for operational support.
Sec. 416. Submittal of options for creation of Trainees, Transients, 
           Holdees, and Students account for the Army National Guard.
Sec. 417. Report on requirements of the National Guard for non-dual 
           status technicians.

[[Page 123 STAT. 2265]]

Sec. 418. Expansion of authority of Secretaries of the military 
           departments to increase certain end strengths to include 
           Selected Reserve end strengths.

               Subtitle C--Authorization of Appropriations

Sec. 421. Military personnel.
Sec. 422. Repeal of delayed one-time shift of military retirement 
           payments.

                        Subtitle A--Active Forces

SEC. 401. END STRENGTHS FOR ACTIVE FORCES.

    The Armed Forces are authorized strengths for active duty personnel 
as of September 30, 2010, as follows:
            (1) The Army, 562,400.
            (2) The Navy, 328,800.
            (3) The Marine Corps, 202,100.
            (4) The Air Force, 331,700.
SEC. 402. REVISION IN PERMANENT ACTIVE DUTY END STRENGTH MINIMUM 
                        LEVELS.

    Section 691(b) of title 10, United States Code, is amended by 
striking paragraphs (1) through (4) and inserting the following new 
paragraphs:
            ``(1) For the Army, 547,400.
            ``(2) For the Navy, 328,800.
            ``(3) For the Marine Corps, 202,100.
            ``(4) For the Air Force, 331,700.''.
SEC. 403. ADDITIONAL AUTHORITY FOR INCREASES OF ARMY ACTIVE-DUTY 
                        END STRENGTHS FOR FISCAL YEARS 2011 AND 
                        2012.

    (a) Authority to Increase Army Active-duty End Strengths.--
            (1) Authority.--For each of fiscal years 2011 and 2012, the 
        Secretary of Defense may, as the Secretary determines necessary 
        for the purposes specified in paragraph (2), establish the 
        active-duty end strength for the Army at a number greater than 
        the number otherwise authorized by law up to the number equal to 
        the fiscal-year 2010 baseline plus 30,000.
            (2) Purpose of increases.--The purposes for which increases 
        may be made in Army active-duty end strengths under paragraph 
        (1) are--
                    (A) to support operational missions; and
                    (B) to achieve reorganizational objectives, 
                including increased unit manning, force stabilization 
                and shaping, and supporting wounded warriors.
            (3) Fiscal-year 2010 baseline.--In this subsection, the term 
        ``fiscal-year 2010 baseline'', means the active-duty end 
        strength authorized for the Army in section 401(1).
            (4) Active-duty end strength.--In this subsection, the term 
        ``active-duty end strength'' means the strength for active-duty 
        personnel of one the Armed Forces as of the last day of a fiscal 
        year.

    (b) Relationship to Presidential Waiver Authority.--Nothing in this 
section shall be construed to limit the President's authority under 
section 123a of title 10, United States Code, to waive any statutory end 
strength in a time of war or national emergency.
    (c) Relationship to Other Variance Authority.--The authority under 
subsection (a) is in addition to the authority to

[[Page 123 STAT. 2266]]

vary authorized end strengths that is provided in subsections (e) and 
(f) of section 115 of title 10, United States Code.
    (d) Budget Treatment.--If the Secretary of Defense determines under 
subsection (a) that an increase in the Army active-duty end strength for 
a fiscal year is necessary, then the budget for the Department of 
Defense for that fiscal year as submitted to the President shall include 
the amounts necessary for funding that active-duty end strength in 
excess of the fiscal year 2010 active-duty end strength authorized for 
the Army under section 401(1).

                       Subtitle B--Reserve Forces

SEC. 411. END STRENGTHS FOR SELECTED RESERVE.

    (a) In General.--The Armed Forces are authorized strengths for 
Selected Reserve personnel of the reserve components as of September 30, 
2010, as follows:
            (1) The Army National Guard of the United States, 358,200.
            (2) The Army Reserve, 205,000.
            (3) The Navy Reserve, 65,500.
            (4) The Marine Corps Reserve, 39,600.
            (5) The Air National Guard of the United States, 106,700.
            (6) The Air Force Reserve, 69,500.
            (7) The Coast Guard Reserve, 10,000.

    (b) End Strength Reductions.--The end strengths prescribed by 
subsection (a) for the Selected Reserve of any reserve component shall 
be proportionately reduced by--
            (1) the total authorized strength of units organized to 
        serve as units of the Selected Reserve of such component which 
        are on active duty (other than for training) at the end of the 
        fiscal year; and
            (2) the total number of individual members not in units 
        organized to serve as units of the Selected Reserve of such 
        component who are on active duty (other than for training or for 
        unsatisfactory participation in training) without their consent 
        at the end of the fiscal year.

    (c) End Strength Increases.--Whenever units or individual members of 
the Selected Reserve of any reserve component are released from active 
duty during any fiscal year, the end strength prescribed for such fiscal 
year for the Selected Reserve of such reserve component shall be 
increased proportionately by the total authorized strengths of such 
units and by the total number of such individual members.
SEC. 412. END STRENGTHS FOR RESERVES ON ACTIVE DUTY IN SUPPORT 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.

[[Page 123 STAT. 2267]]

            (5) The Air National Guard of the United States, 14,555.
            (6) The Air Force Reserve, 2,896.
SEC. 413. END STRENGTHS FOR MILITARY TECHNICIANS (DUAL STATUS).

    The minimum number of military technicians (dual status) as of the 
last day of fiscal year 2010 for the reserve components of the Army and 
the Air Force (notwithstanding section 129 of title 10, United States 
Code) shall be the following:
            (1) For the Army Reserve, 8,395.
            (2) For the Army National Guard of the United States, 
        27,210.
            (3) For the Air Force Reserve, 10,417.
            (4) For the Air National Guard of the United States, 22,313.
SEC. 414. FISCAL YEAR 2010 LIMITATION ON NUMBER OF NON-DUAL STATUS 
                        TECHNICIANS.

    (a) Limitations.--
            (1) National guard.--Within the limitation provided in 
        section 10217(c)(2) of title 10, United States Code, the number 
        of non-dual status technicians employed by the National Guard as 
        of September 30, 2010, may not exceed the following:
                    (A) For the Army National Guard of the United 
                States, 1,600.
                    (B) For the Air National Guard of the United States, 
                350.
            (2) Army reserve.--The number of non-dual status technicians 
        employed by the Army Reserve as of September 30, 2010, may not 
        exceed 595.
            (3) Air force reserve.--The number of non-dual status 
        technicians employed by the Air Force Reserve as of September 
        30, 2010, may not exceed 90.

    (b) Non-Dual Status Technicians Defined.--In this section, the term 
``non-dual status technician'' has the meaning given that term in 
section 10217(a) of title 10, United States Code.
SEC. 415. MAXIMUM NUMBER OF RESERVE PERSONNEL AUTHORIZED TO BE ON 
                        ACTIVE DUTY FOR OPERATIONAL SUPPORT.

    During fiscal year 2010, the maximum number of members of the 
reserve components of the Armed Forces who may be serving at any time on 
full-time operational support duty under section 115(b) of title 10, 
United States Code, is the following:
            (1) The Army National Guard of the United States, 17,000.
            (2) The Army Reserve, 13,000.
            (3) The Navy Reserve, 6,200.
            (4) The Marine Corps Reserve, 3,000.
            (5) The Air National Guard of the United States, 16,000.
            (6) The Air Force Reserve, 14,000.
SEC. 416. SUBMITTAL OF OPTIONS FOR CREATION OF TRAINEES, 
                        TRANSIENTS, HOLDEES, AND STUDENTS ACCOUNT 
                        FOR THE ARMY NATIONAL GUARD.

    (a) Report Required.--Not later than 180 days after the date of the 
enactment of this Act, the Secretary of the Army shall submit to the 
congressional defense committees a report evaluating options, and 
including a recommendation, for the creation of a Trainees, Transients, 
Holdees, and Students Account within the Army National Guard.

[[Page 123 STAT. 2268]]

    (b) Elements.--The report required by subsection (a) shall address, 
at a minimum, the following:
            (1) The timelines, cost, force structure changes, and end 
        strength changes associated with each option specified in the 
        report.
            (2) The force structure and end strength changes and growth 
        of the Army National Guard needed to support the account 
        referred to in subsection (a).
            (3) An assessment of how the creation of such an account may 
        affect plans under the Grow the Force initiative.
            (4) An assessment of the impact of such an account on 
        readiness and training ratings for Army National Guard forces.
SEC. 417. REPORT ON REQUIREMENTS OF THE NATIONAL GUARD FOR NON-
                        DUAL STATUS TECHNICIANS.

    (a) Report Required.--Not later than 180 days after the date of the 
enactment of this Act, the Secretary of Defense shall submit to the 
Committees on Armed Services of the Senate and House of Representatives 
a report setting forth the following:
            (1) A description of the types of duties performed for the 
        National Guard by non-dual status technicians.
            (2) A description of the current requirements of the 
        National Guard for non-dual status technicians.
            (3) A description of various means of addressing any 
        shortfalls 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 recommendations 
        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 support 
        the National Guard.

    (b) Considerations.--The report required by subsection (a) shall 
take into consideration the effects of the mobilization of large numbers 
of National Guard military technicians (dual status) on the readiness of 
National Guard units in critically important areas and on the capacity 
of the National Guard to continue performing home-based missions and 
responsibilities for the States.
SEC. 418. EXPANSION OF AUTHORITY OF SECRETARIES OF THE MILITARY 
                        DEPARTMENTS TO INCREASE CERTAIN END 
                        STRENGTHS TO INCLUDE SELECTED RESERVE END 
                        STRENGTHS.

    Subsection (g) of section 115 of title 10, United States Code, is 
amended to read as follows:
    ``(g) Authority for Service Secretary Variances for Active-duty and 
Selected Reserve End Strengths.--(1) Upon determination by the Secretary 
of a military department that such action would enhance manning and 
readiness in essential units or in critical specialties or ratings, the 
Secretary may--

[[Page 123 STAT. 2269]]

            ``(A) increase the end strength authorized pursuant to 
        subsection (a)(1)(A) for a fiscal year for the armed force under 
        the jurisdiction of that Secretary or, in the case of the 
        Secretary of the Navy, for any of the armed forces under the 
        jurisdiction of that Secretary, by a number equal to not more 
        than 2 percent of such authorized end strength; and
            ``(B) increase the end strength authorized pursuant to 
        subsection (a)(2) for a fiscal year for the Selected Reserve of 
        the reserve component of the armed force under the jurisdiction 
        of that Secretary or, in the case of the Secretary of the Navy, 
        for the Selected Reserve of the reserve component of any of the 
        armed forces under the jurisdiction of that Secretary, by a 
        number equal to not more than 2 percent of such authorized end 
        strength.

    ``(2) Any increase under paragraph (1)(A) of the end strength for an 
armed force for a fiscal year shall be counted as part of the increase 
for that armed force for that fiscal year authorized under subsection 
(f)(1). Any increase under paragraph (1)(B) of the end strength for the 
Selected Reserve of a reserve component of an armed force for a fiscal 
year shall be counted as part of the increase for that Selected Reserve 
for that fiscal year authorized under subsection (f)(3).''.

               Subtitle C--Authorization of Appropriations

SEC. 421. MILITARY PERSONNEL.

    (a) Authorization of Appropriations.--There is hereby authorized to 
be appropriated to the Department of Defense for military personnel for 
fiscal year 2010 a total of $136,016,281,000.
    (b) Construction of Authorization.--The authorization of 
appropriations in subsection (a) supersedes any other authorization of 
appropriations (definite or indefinite) for such purpose for fiscal year 
2010.
SEC. 422. REPEAL OF DELAYED ONE-TIME SHIFT OF MILITARY RETIREMENT 
                        PAYMENTS.

    (a) Repeal.--Section 1002 of the Duncan Hunter National Defense 
Authorization Act for Fiscal Year 2009 (Public Law 110-417; 122 Stat. 
4581) is repealed.
    (b) Effect on Earlier Transfer.--The repeal of section 1002 of the 
Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 by 
subsection (a) shall not affect the validity of the transfer of funds 
made pursuant to subsection (e) of such section before the date of the 
enactment of this Act.

                   TITLE V--MILITARY PERSONNEL POLICY

                  Subtitle A--Officer Personnel Policy

Sec. 501. Grade of Legal Counsel to the Chairman of the Joint Chiefs of 
           Staff.
Sec. 502. Modification of limitations on general and flag officers on 
           active duty.
Sec. 503. Revisions to annual reporting requirement on joint officer 
           management.
Sec. 504. Extension of temporary increase in maximum number of days 
           leave members may accumulate and carryover.

[[Page 123 STAT. 2270]]

Sec. 505. Computation of retirement eligibility for enlisted members of 
           the Navy who complete the Seaman to Admiral (STA-21) officer 
           candidate program.
Sec. 506. Independent review of judge advocate requirements of the 
           Department of the Navy.

                 Subtitle B--General Service Authorities

Sec. 511. Continuation on active duty of reserve component members 
           during physical disability evaluation following mobilization 
           and deployment.
Sec. 512. Medical examination required before administrative separation 
           of members diagnosed with or reasonably asserting post-
           traumatic stress disorder or traumatic brain injury.
Sec. 513. Legal assistance for additional reserve component members.
Sec. 514. Limitation on scheduling of mobilization or pre-mobilization 
           training for Reserve units when certain suspension of 
           training is likely.
Sec. 515. Evaluation of test of utility of test preparation guides and 
           education programs in improving qualifications of recruits 
           for the Armed Forces.
Sec. 516. Report on presence in the Armed Forces of members associated 
           or affiliated with groups engaged in prohibited activities.

                   Subtitle C--Education and Training

Sec. 521. Detail of commissioned officers as students at schools of 
           psychology.
Sec. 522. Appointment of persons enrolled in Advanced Course of the Army 
           Reserve Officers' Training Corps at military junior colleges 
           as cadets in Army Reserve or Army National Guard of the 
           United States.
Sec. 523. Expansion of criteria for appointment as member of the Board 
           of Regents of the Uniformed Services University of the Health 
           Sciences.
Sec. 524. Use of Armed Forces Health Professions Scholarship and 
           Financial Assistance program to increase number of health 
           professionals with skills to assist in providing mental 
           health care.
Sec. 525. Department of Defense undergraduate nurse training program.
Sec. 526. Increase in number of private sector civilians authorized for 
           admission to National Defense University.
Sec. 527. Appointments to military service academies from nominations 
           made by Delegate from the Commonwealth of the Northern 
           Mariana Islands.
Sec. 528. Athletic association for the Air Force Academy.
Sec. 529. Language training centers for members of the Armed Forces and 
           civilian employees of the Department of Defense.

                Subtitle D--Defense Dependents' Education

Sec. 531. Continuation of authority to assist local educational agencies 
           that benefit dependents of members of the Armed Forces and 
           Department of Defense civilian employees.
Sec. 532. Impact aid for children with severe disabilities.
Sec. 533. Two-year extension of authority for assistance to local 
           educational agencies with enrollment changes due to base 
           closures, force structure changes, or force relocations.
Sec. 534. Authority to extend eligibility for enrollment in Department 
           of Defense elementary and secondary schools to certain 
           additional categories of dependents.
Sec. 535. Permanent authority for enrollment in defense dependents' 
           education system of dependents of foreign military members 
           assigned to Supreme Headquarters Allied Powers, Europe.
Sec. 536. Determination of number of weighted student units for local 
           educational agencies for receipt of basic support payments 
           under impact aid.
Sec. 537. Study on options for educational opportunities for dependent 
           children of members of the Armed Forces when public schools 
           attended by such children are determined to need improvement.
Sec. 538. Comptroller General audit of assistance to local educational 
           agencies for dependent children of members of the Armed 
           Forces.
Sec. 539. Sense of Congress on the Interstate Compact on Educational 
           Opportunity for Military Children.

                 Subtitle E--Missing or Deceased Persons

Sec. 541. Additional requirements for accounting for members of the 
           Armed Forces and Department of Defense civilian employees 
           listed as missing in conflicts occurring before enactment of 
           new system for accounting for missing persons.
Sec. 542. Policy and procedures on media access and attendance by family 
           members at ceremonies for the dignified transfer of remains 
           of members of the Armed Forces who die overseas.

[[Page 123 STAT. 2271]]

Sec. 543. Report on expansion of authority of a member to designate 
           persons to direct disposition of the remains of a deceased 
           member.
Sec. 544. Sense of Congress on the recovery of the remains of members of 
           the Armed Forces who were killed during World War II in the 
           battle of Tarawa Atoll.

                   Subtitle F--Decorations and Awards

Sec. 551. Authorization and request for award of Medal of Honor to 
           Anthony T. Kaho'ohanohano for acts of valor during the Korean 
           War.
Sec. 552. Authorization and request for award of Distinguished-Service 
           Cross to Jack T. Stewart for acts of valor during the Vietnam 
           War.
Sec. 553. Authorization and request for award of Distinguished-Service 
           Cross to William T. Miles, Jr., for acts of valor during the 
           Korean War.

              Subtitle G--Military Family Readiness Matters

Sec. 561. Establishment of online resources to provide information about 
           benefits and services available to members of the Armed 
           Forces and their families.
Sec. 562. Additional members on Department of Defense Military Family 
           Readiness Council.
Sec. 563. Support for military families with special needs.
Sec. 564. Pilot program to secure internships for military spouses with 
           Federal agencies.
Sec. 565. Family and medical leave for family of servicemembers.
Sec. 566. Deadline for report on sexual assault in the Armed Forces by 
           Defense Task Force on Sexual Assault in the Military 
           Services.
Sec. 567. Improved prevention and response to allegations of sexual 
           assault involving members of the Armed Forces.
Sec. 568. Comptroller General report on progress made in implementing 
           recommendations to reduce domestic violence in military 
           families.
Sec. 569. Report on impact of domestic violence on military families.
Sec. 570. Report on international intrafamilial abduction of children of 
           members of the Armed Forces.
Sec. 571. Assessment of impact of deployment of members of the Armed 
           Forces on their dependent children.
Sec. 572. Report on child custody litigation involving service of 
           members of the Armed Forces.
Sec. 573. Comptroller General report on child care assistance for 
           members of the Armed Forces.

                       Subtitle H--Military Voting

Sec. 575. Short title.
Sec. 576. Clarification regarding delegation of State responsibilities 
           to local jurisdictions.
Sec. 577. Establishment of procedures for absent uniformed services 
           voters and overseas voters to request and for States to send 
           voter registration applications and absentee ballot 
           applications by mail and electronically.
Sec. 578. Establishment of procedures for States to transmit blank 
           absentee ballots by mail and electronically to absent 
           uniformed services voters and overseas voters.
Sec. 579. Ensuring absent uniformed services voters and overseas voters 
           have time to vote.
Sec. 580. Procedures for collection and delivery of marked absentee 
           ballots of absent overseas uniformed services voters.
Sec. 581. Federal write-in absentee ballot.
Sec. 582. Prohibiting refusal to accept voter registration and absentee 
           ballot applications, marked absentee ballots, and Federal 
           write-in absentee ballots for failure to meet certain 
           requirements.
Sec. 583. Federal Voting Assistance Program Improvements.
Sec. 584. Development of standards for reporting and storing certain 
           data.
Sec. 585. Repeal of provisions relating to use of single application for 
           all subsequent elections.
Sec. 586. Reporting requirements.
Sec. 587. Annual report on enforcement.
Sec. 588. Requirements payments.
Sec. 589. Technology pilot program.

                        Subtitle I--Other Matters

Sec. 591. Clarification of performance policies for military musical 
           units and musicians.
Sec. 592. Navy grants for purposes of Naval Sea Cadet Corps.

[[Page 123 STAT. 2272]]

Sec. 593. Modification of matching fund requirements under National 
           Guard Youth Challenge Program.
Sec. 594. Expansion of Military Leadership Diversity Commission to 
           include reserve component representatives.
Sec. 595. Expansion of suicide prevention and community healing and 
           response training under the Yellow Ribbon Reintegration 
           Program.
Sec. 596. Comprehensive plan on prevention, diagnosis, and treatment of 
           substance use disorders and disposition of substance abuse 
           offenders in the Armed Forces.
Sec. 597. Reports on Yellow Ribbon Reintegration Program and other 
           reintegration programs.
Sec. 598. Reports on progress in completion of certain incident 
           information management tools.

                  Subtitle A--Officer Personnel Policy

SEC. 501. GRADE OF LEGAL COUNSEL TO THE CHAIRMAN OF THE JOINT 
                        CHIEFS OF STAFF.

    (a) In General.--Section 156(c) of title 10, United States Code, is 
amended by striking ``, while so serving, hold the'' and inserting ``be 
appointed in the regular''.
    (b) <<NOTE: 10 USC 156 note.>> Effective Date.--The amendment made 
by subsection (a) shall take effect on the date of the enactment of this 
Act, and shall apply with respect to individuals appointed as Legal 
Counsel to the Chairman of the Joint Chiefs of Staff on or after that 
date.
SEC. 502. MODIFICATION OF LIMITATIONS ON GENERAL AND FLAG OFFICERS 
                        ON ACTIVE DUTY.

    (a) Report on Statutes Excluding Certain Officers on Active Duty in 
General and Flag Officer Grades From Limitations on Authorized Strengths 
of General and Flag Officers on Active Duty.--Not later than April 1, 
2010, the Secretary of Defense shall submit to the Committees on Armed 
Forces of the Senate and the House of Representatives a report setting 
forth the following:
            (1) An assessment of the provisions of title 10, United 
        States Code, that exclude commissioned officers of the Armed 
        Forces on active duty in general officer and flag officer grades 
        from the limitations on the authorized strengths of general and 
        flag officers, including--
                    (A) a list of each such provision; and
                    (B) for each such provision--
                          (i) a statement whether such provision is 
                      redundant or necessary in light of recent 
                      legislation on such provision or related 
                      provisions; and
                          (ii) an assessment of the impact of the repeal 
                      of such provision on the Department of Defense.
            (2) A specific, comprehensive description of the legislative 
        actions, including technical and conforming changes, necessary 
        to conform sections 525, 526, and 528 of title 10, United States 
        Code (and any other applicable provisions of such title), with 
        the assessment required by paragraph (1) with a view towards 
        increasing the transparency and comprehensiveness on the number 
        of general and flag officers serving on active duty.
            (3) An assessment of the following:
                    (A) Whether the authorized numbers of general and 
                flag officers in an active status under section 12004(a) 
                of title 10, United States Code, are adequate to provide

[[Page 123 STAT. 2273]]

                the reserve components with a sufficient number of 
                general and flag officers in an active status in order 
                to meet increased authorizations for active duty 
                service.
                    (B) Whether such numbers of general and flag 
                officers provide the general and flag officers of the 
                reserve components with appropriate opportunities for 
                joint responsibility and joint officer development while 
                simultaneously meeting reserve active-status 
                requirements
                    (C) Whether legislative action with respect to 
                section 12004(a) of title 10, United States Code, is 
                necessary to achieve the purposes specified in 
                subparagraphs (A) and (B) and, if so, a specific, 
                comprehensive description of such legislative actions.
            (4) An assessment of the following:
                    (A) Whether the requirements for general and flag 
                officer positions resulting from recommendations for 
                statutory authority to specify the grade of the Chief of 
                the Navy Dental Corps, the Chief and Deputy Chief of 
                Chaplains in the Air Force, the Chief of the Army 
                Medical Specialist Corps, and to establish the position 
                of Vice Chief of the National Guard Bureau, are 
                necessary in light of recent legislative modifications 
                of applicable provisions of law.
                    (B) The impact on the Department of each provision.
                    (C) If supported, the necessary technical and 
                conforming changes that may be necessary to conform 
                sections 535, 526, 528, and 12004 of title 10, United 
                States Code, to increase the transparency and 
                comprehensiveness of the number of general and flag 
                officers on active duty or in an active status.

    (b) Clarification of Distribution Limits.--Section 525 of title 10, 
United States Code, is amended by striking subsections (a) and (b) and 
inserting the following new subsections:
    ``(a) For purposes of the applicable limitation in section 526(a) of 
this title on general and flag officers on active duty, no appointment 
of an officer on the active duty list may be made as follows:
            ``(1) in the Army, if that appointment would result in more 
        than--
                    ``(A) 7 officers in the grade of general;
                    ``(B) 45 officers in a grade above the grade of 
                major general; or
                    ``(C) 90 officers in the grade of major general;
            ``(2) in the Air Force, if that appointment would result in 
        more than--
                    ``(A) 9 officers in the grade of general;
                    ``(B) 43 officers in a grade above the grade of 
                major general; or
                    ``(C) 73 officers in the grade of major general;
            ``(3) in the Navy, if that appointment would result in more 
        than--
                    ``(A) 6 officers in the grade of admiral;
                    ``(B) 32 officers in a grade above the grade of rear 
                admiral; or
                    ``(C) 50 officers in the grade of rear admiral;
            ``(4) in the Marine Corps, if that appointment would result 
        in more than--
                    ``(A) 2 officers in the grade of general;

[[Page 123 STAT. 2274]]

                    ``(B) 15 officers in a grade above the grade of 
                major general; or
                    ``(C) 22 officers in the grade of major general.

    ``(b)(1) The limitations of subsection (a) do not include the 
following:
            ``(A) <<NOTE: Time periods.>> An officer released from a 
        joint duty assignment, but only during the 60-day period 
        beginning on the date the officer departs the joint duty 
        assignment, except that the Secretary of Defense may authorize 
        the Secretary of a military department to extend the 60-day 
        period by an additional 120 days, but no more than 3 officers 
        from each armed forces may be on active duty who are excluded 
        under this subparagraph.
            ``(B) An officer while serving in the position of Staff 
        Judge Advocate to the Commandant of the Marine Corps under 
        section 5046 of this title.
            ``(C) The number of officers required to serve in joint duty 
        assignments as authorized by the Secretary of Defense under 
        section 526(b) for each military service.
            ``(D) An officer while serving as Chief of the National 
        Guard Bureau.

    ``(2) An officer of the Army while serving as Superintendent of the 
United States Military Academy, if serving in the grade of lieutenant 
general, is in addition to the number that would otherwise be permitted 
for the Army for officers serving on active duty in grades above major 
general under subsection (a). An officer of the Navy or Marine Corps 
while serving as Superintendent of the United States Naval Academy, if 
serving in the grade of vice admiral or lieutenant general, is in 
addition to the number that would otherwise be permitted for the Navy or 
Marine Corps, respectively, for officers serving on active duty in 
grades above major general or rear admiral under subsection (a). An 
officer while serving as Superintendent of the United States Air Force 
Academy, if serving in the grade of lieutenant general, is in addition 
to the number that would otherwise be permitted for the Air Force for 
officers serving on active duty in grades above major general under 
subsection (a).''.
    (c) Clarification on Offsetting Reductions.--Subsection (c) of such 
section is amended--
            (1) in paragraph (1)--
                    (A) by amending subparagraph (A) to read as follows:
            ``(A) may make appointments in the Army, Air Force, and 
        Marine Corps in the grades of lieutenant general and general in 
        excess of the applicable numbers determined under this section 
        if each such appointment is made in conjunction with an 
        offsetting reduction under paragraph (2); and''; and
                    (B) in subparagraph (B), by striking ``subsection 
                (b)(2)'' and inserting ``this section'';
            (2) in paragraph (3)(A), by striking ``the number equal to 
        10 percent of the total number of officers that may be serving 
        on active duty in those grades in the Army, Navy, Air Force, and 
        Marine Corps under subsection (b)'' and inserting ``15''; and
            (3) in paragraph (3)(B), by striking ``the number equal to 
        15 percent of the total number of officers that may be serving 
        on active duty in those grades in the Army, Navy, Air Force, and 
        Marine Corps'' and inserting ``5''.

[[Page 123 STAT. 2275]]

    (d) Other Distribution Clarifications.--Such section is further 
amended--
            (1) in subsection (e), by striking ``In determining the 
        total number of general officers or flag officers of an armed 
        force on active duty for purposes of this section, the following 
        officers shall not be counted:'' in the matter preceding 
        paragraph (1) and inserting ``The following officers shall not 
        be counted for purposes of this section:''; and
            (2) by adding at the end the following new subsection:

    ``(g)(1) The limitations of this section do not apply to a reserve 
component general or flag officer who is on active duty for a period in 
excess of 365 days, but not to exceed three years, except that the 
number of officers from each reserve component who are covered by this 
subsection and is not serving in a position that is a joint duty 
assignment for purposes of chapter 38 of this title may not exceed 5 per 
component, unless authorized by the Secretary of Defense
    ``(2) <<NOTE: Applicability.>> The exception in paragraph (1) does 
apply to the position of Chief of the National Guard Bureau.

    ``(3) <<NOTE: Deadline. Notification.>> Not later than 30 days after 
authorizing a number of reserve component general or flag officers in 
excess of the number specified in paragraph (1), the Secretary of 
Defense shall notify the Committees on Armed Services of the Senate and 
the House of Representatives of such authorization, and shall include 
with such notice a statement of the reason for such authorization.''.

    (e) Change to Authorized Strengths.--Subsection (a) of section 526 
of such title is amended--
            (1) in paragraph (1), by striking ``307'' and inserting 
        ``230'';
            (2) in paragraph (2), by striking ``216'' and inserting 
        ``160'';
            (3) in paragraph (3), by striking ``279'' and inserting 
        ``208''; and
            (4) in paragraph (4), by striking ``81'' and inserting 
        ``60''.

    (f) Changes to Limited Exclusion for Joint Duty Requirements.--
Subsection (b) of such section is amended--
            (1) in paragraph (1)--
                    (A) by striking ``Chairman of the Joint Chiefs of 
                Staff'' and inserting ``Secretary of Defense'';
                    (B) by striking ``65'' and inserting ``324''; and
                    (C) by striking the second sentence and inserting 
                the following new sentence: ``The Secretary of Defense 
                shall allocate those exclusions to the armed forces 
                based on the number of general or flag officers required 
                from each armed force for assignment to these designated 
                positions.'';
            (2) by redesignating paragraph (2) as paragraph (5); and
            (3) by inserting after paragraph (1) the following new 
        paragraphs:

    ``(2) Unless the Secretary of Defense determines that a lower number 
is in the best interest of the Department, the minimum number of 
officers serving in positions designated under paragraph (1) for each 
armed force shall be as follows:
            ``(A) For the Army, 85.
            ``(B) For the Navy, 61.
            ``(C) For the Air Force, 76.
            ``(D) For the Marine Corps, 21.

    ``(3) The number excluded under paragraph (1) and serving in 
positions designated under that paragraph--

[[Page 123 STAT. 2276]]

            ``(A) in the grade of general or admiral may not exceed 20;
            ``(B) in a grade above the grade of major general or rear 
        admiral may not exceed 68; and
            ``(C) in the grade of major general or rear admiral may not 
        exceed 144.

    ``(4) <<NOTE: Deadline. Notification.>> Not later than 30 days after 
determining to raise or lower a number specified in paragraph (2), the 
Secretary of Defense shall notify the Committees on Armed Services of 
the Senate and the House of Representatives of such determination.''.

    (g) Other Authorization Clarifications.--Such section is further 
amended--
            (1) in subsection (d), by adding at the end the following 
        new paragraph:

    ``(3) The limitations of this section do not apply to a reserve 
component general or flag officer who is on active duty for a period in 
excess of 365 days but not to exceed three years, except that the number 
of such officers from each reserve component who are covered by this 
paragraph and not serving in a position that is a joint duty assignment 
for purposes of chapter 38 of this title may not exceed 5 per component, 
unless authorized by the Secretary of Defense.''; and
            (2) by adding at the end the following new subsections:

    ``(g) Temporary Exclusion for Assignment to Certain Temporary 
Billets.--(1) The limitations in subsection (a) and in section 525(a) of 
this title do not apply to a general or flag officer assigned to a 
temporary joint duty assignment designated by the Secretary of Defense.
    ``(2) A general or flag officer assigned to a temporary joint duty 
assignment as described in paragraph (1) may not be excluded under this 
subsection from the limitations in subsection (a) for a period of longer 
than one year.
    ``(h) <<NOTE: Time periods.>> Exclusion of Officers Departing From 
Joint Duty Assignments.--The limitations in subsection (a) do not apply 
to an officer released from a joint duty assignment, but only during the 
60-day period beginning on the date the officer departs the joint duty 
assignment. The Secretary of Defense may authorize the Secretary of a 
military department to extend the 60-day period by an additional 120 
days, except that not more than three officers on active duty from each 
armed force may be covered by an extension under this sentence at the 
same time.''.

    (h) Exclusion of Reserve Officers Departing From Joint or Other 
Active Duty Assignments.--Section 12004 of such title is amended by 
adding at the end the following new subsection:
    ``(f) The limitations in subsection (a) do not apply to an officer 
released from a joint duty assignment or other non-joint active duty 
assignment, but only during the 60-day period beginning on the date the 
officer departs the joint duty or other active duty assignment. The 
Secretary of Defense may authorize the Secretary of a military 
department to extend the 60-day period by an additional 120 days, except 
that not more than three officers in an active status from each reserve 
component may be covered by an extension under this sentence at the same 
time.''.
    (i) Repeal of Limitations on General and Flag Officer Activities 
Outside the Officer's Own Service.--
            (1) Repeal.--Section 721 of such title is repealed.

[[Page 123 STAT. 2277]]

            (2) Clerical amendment.--The table of sections at the 
        beginning of chapter 41 of such title is amended by striking the 
        item relating to section 721.

    (j) Repeal of Superseded Authority.--Section 506 of the Duncan 
Hunter National Defense Authorization Act for Fiscal Year 2009 (Public 
Law 110-417; 122 Stat. 4434; 10 U.S.C. 525 note) is repealed.
SEC. 503. REVISIONS TO ANNUAL REPORTING REQUIREMENT ON JOINT 
                        OFFICER MANAGEMENT.

    Section 667 of title 10, United States Code, is amended--
            (1) in paragraph (1)--
                    (A) in subparagraph (A), by striking ``and their 
                education and experience''; and
                    (B) by adding at the end the following new 
                subparagraph:
            ``(C) A comparison of the number of officers who were 
        designated as a joint qualified officer who had served in a 
        Joint Duty Assignment List billet and completed Joint 
        Professional Military Education Phase II, with the number 
        designated as a joint qualified officer based on their 
        aggregated joint experiences and completion of Joint 
        Professional Military Education Phase II.'';
            (2) by striking paragraphs (3), (4), (6), and (12);
            (3) by redesignating paragraph (5) as paragraph (3);
            (4) by redesignating paragraphs (7) through (11) as 
        paragraphs (4) through (8), respectively;
            (5) by inserting after paragraph (8), as so redesignated, 
        the following new paragraph:
            ``(9) With regard to the principal courses of instruction 
        for Joint Professional Military Education Level II, the number 
        of officers graduating from each of the following:
                    ``(A) The Joint Forces Staff College.
                    ``(B) The National Defense University.
                    ``(C) Senior Service Schools.''; and
            (6) by redesignating paragraph (13) as paragraph (10).
SEC. 504. EXTENSION OF TEMPORARY INCREASE IN MAXIMUM NUMBER OF 
                        DAYS LEAVE MEMBERS MAY ACCUMULATE AND 
                        CARRYOVER.

    Section 701(d) of title 10, United States Code, is amended by 
striking ``December 31, 2010'' and inserting ``September 30, 2013''.
SEC. 505. COMPUTATION OF RETIREMENT ELIGIBILITY FOR ENLISTED 
                        MEMBERS OF THE NAVY WHO COMPLETE THE 
                        SEAMAN TO ADMIRAL (STA-21) OFFICER 
                        CANDIDATE PROGRAM.

    Section 6328 of title 10, United States Code, is amended by adding 
the following new subsection:
    ``(c) Time Spent in Seaman to Admiral Program.--The months of active 
service in pursuit of a baccalaureate-level degree under the Seaman to 
Admiral (STA-21) program of the Navy of officer candidates selected for 
the program on or after the date of the enactment of the National 
Defense Authorization Act for Fiscal Year 2010 shall be excluded in 
computing the years of service of an officer who was appointed to the 
grade of ensign in the Navy upon completion of the program to determine 
the eligibility of the officer for retirement, unless the officer 
becomes subject

[[Page 123 STAT. 2278]]

to involuntary separation or retirement due to physical disability. Such 
active service shall be counted in computing the years of active service 
of the officer for all other purposes.''.
SEC. 506. INDEPENDENT REVIEW OF JUDGE ADVOCATE REQUIREMENTS OF THE 
                        DEPARTMENT OF THE NAVY.

    (a) Independent Panel for Review.--
            (1) Establishment.--There is hereby established an 
        independent panel to review the judge advocate requirements of 
        the Department of the Navy.
            (2) Composition.--The panel shall be composed of five 
        members, appointed by the Secretary of Defense from among 
        private United States citizens who have expertise in law, 
        military manpower policies, the missions of the Armed Forces, or 
        the current responsibilities of judge advocates in ensuring 
        competent legal representation and advice to commanders.
            (3) Chair.--The chair of the panel shall be appointed by the 
        Secretary from among the members of the panel appointed under 
        paragraph (2).
            (4) Period of appointment; vacancies.--Members shall be 
        appointed for the life of the panel. Any vacancy in the panel 
        shall be filled in the same manner as the original appointment.
            (5) Deadline for appointments.--All original appointments to 
        the panel shall be made not later than 180 days after the date 
        of the enactment of this Act.
            (6) Meetings.--The panel shall meet at the call of the 
        chair.
            (7) First meeting.-- <<NOTE: Deadline.>> The chair shall 
        call the first meeting of the panel not later than 60 days after 
        the date of the appointment of all the members of the panel.

    (b) Duties.--
            (1) In general.--The panel established under subsection (a) 
        shall carry out a study of the policies and management and 
        organizational practices of the Navy and Marine Corps with 
        respect to the responsibilities, assignment, and career 
        development of judge advocates for purposes of determining the 
        number of judge advocates required to fulfill the legal mission 
        of the Department of the Navy.
            (2) Review.--In carrying out the study required by paragraph 
        (1), the panel shall--
                    (A) review the emergent operational law requirements 
                of the Navy and Marine Corps, including requirements for 
                judge advocates on joint task forces, in support of rule 
                of law objectives in Iraq and Afghanistan, and in 
                operational units;
                    (B) review new requirements to support the Office of 
                Military Commissions and to support the disability 
                evaluation system for members of the Armed Forces;
                    (C) review the judge advocate requirements of the 
                Department of the Navy for the military justice mission, 
                including assignment policies, training and education, 
                increasing complexity of court-martial litigation, and 
                the performance of the Navy and Marine Corps in 
                providing legally sufficient post-trial processing of 
                cases in general courts-martial and special courts-
                martial;

[[Page 123 STAT. 2279]]

                    (D) review the role of the Judge Advocate General of 
                the Navy, as the senior uniformed legal officer of the 
                Department of the Navy, to determine whether additional 
                authority for the Judge Advocate General over manpower 
                policies and assignments of judge advocates in the Navy 
                and Marine Corps is warranted;
                    (E) review directives issued by the Navy and the 
                Marine Corps pertaining to jointly-shared missions 
                requiring legal support;
                    (F) review career patterns for Marine Corps judge 
                advocates in order to identify and validate assignments 
                to nonlegal billets required for professional 
                development and promotion; and
                    (G) review, evaluate, and assess such other matters 
                and materials as the panel considers appropriate for 
                purposes of the study.
            (3) Utilization of other studies.--In carrying out the study 
        required by paragraph (1), the panel may review, and incorporate 
        as appropriate, the findings of applicable ongoing and completed 
        studies in future manpower requirements, including the two-part 
        study by CNA Analysis and Solutions entitled ``An Analysis of 
        Navy JAG Corps Future Manpower Requirements''.
            (4) Report.--Not later than 120 days after its first meeting 
        under subsection (a)(7), the panel shall submit to the Secretary 
        of Defense and the Committees on Armed Services of the Senate 
        and the House of Representatives a report on the study. The 
        report shall include--
                    (A) the findings and conclusions of the panel as a 
                result of the study; and
                    (B) any recommendations for legislative or 
                administrative action that the panel considers 
                appropriate in light of the study.

    (c) Powers of Panel.--
            (1) Hearings.--The panel may hold such hearings, sit and act 
        at such times and places, take such testimony, and receive such 
        evidence as the panel considers appropriate to carry out its 
        duties under this section.
            (2) Information from federal agencies.--Upon request by the 
        chair of the panel, any department or agency of the Federal 
        Government may provide information that the panel considers 
        necessary to carry out it duties under this section.

    (d) Personnel Matters.--
            (1) Pay of members.--(A) Members of the panel established 
        under subsection (a) shall serve without pay by reason of their 
        work on the panel.
            (B) Section 1342 of title 31, United States Code, shall not 
        apply to the acceptance of services of a member of the panel 
        under this section.
            (2) Travel expenses.--The members of the panel shall be 
        allowed travel expenses, including per diem in lieu of 
        subsistence, at rates authorized for employees of agencies under 
        subchapter I of chapter 57 of title 5, United States Code, while 
        away from their homes or regular places of business in the 
        performance or services for the panel.

[[Page 123 STAT. 2280]]

                 Subtitle B--General Service Authorities

SEC. 511. CONTINUATION ON ACTIVE DUTY OF RESERVE COMPONENT MEMBERS 
                        DURING PHYSICAL DISABILITY EVALUATION 
                        FOLLOWING MOBILIZATION AND DEPLOYMENT.

    Section 1218 of title 10, United States Code, is amended by adding 
at the end the following new subsection:
    ``(d)(1) The Secretary of a military department shall ensure that 
each member of a reserve component under the jurisdiction of the 
Secretary who is determined, after a mobilization and deployment to an 
area in which imminent danger pay is authorized under section 310 of 
title 37, to require evaluation for a physical or mental disability 
which could result in separation or retirement for disability under this 
chapter or placement on the temporary disability retired list or 
inactive status list under this chapter is retained on active duty 
during the disability evaluation process until such time as such member 
is--
            ``(A) cleared by appropriate authorities for continuation on 
        active duty; or
            ``(B) separated, retired, or placed on the temporary 
        disability retired list or inactive status list.

    ``(2)(A) A member described in paragraph (1) may request termination 
of active duty under such paragraph at any time during the 
demobilization or disability evaluation process of such member.
    ``(B) Upon a request under subparagraph (A), a member described in 
paragraph (1) shall only be released from active duty after the member 
receives counseling about the consequences of termination of active 
duty.
    ``(C) Each release from active duty under subparagraph (B) shall be 
thoroughly documented.
    ``(3) <<NOTE: Expiration date.>> The requirements in paragraph (1) 
shall expire on the date that is five years after the date of the 
enactment of the National Defense Authorization Act for Fiscal Year 
2010.''.
SEC. 512. MEDICAL EXAMINATION REQUIRED BEFORE ADMINISTRATIVE 
                        SEPARATION OF MEMBERS DIAGNOSED WITH OR 
                        REASONABLY ASSERTING POST-TRAUMATIC STRESS 
                        DISORDER OR TRAUMATIC BRAIN INJURY.

    (a) Medical Examination Required.--
            (1) In general.--Chapter 59 of title 10, United States Code, 
        is amended by inserting after section 1176 the following new 
        section:
``Sec. 1177. Members diagnosed with or reasonably asserting post-
                  traumatic stress disorder or traumatic brain 
                  injury: medical examination required before 
                  administrative separation

    ``(a) Medical Examination Required.--
(1) <<NOTE: Regulations.>> Under regulations prescribed by the Secretary 
of Defense, the Secretary of a military department shall ensure that a 
member of the armed forces under the jurisdiction of the Secretary who 
has been deployed overseas in support of a contingency operation during 
the previous 24 months, and who is diagnosed by a physician, clinical 
psychologist, or psychiatrist as experiencing post-traumatic stress 
disorder or traumatic brain injury or who otherwise reasonably alleges, 
based on the service of the member while deployed, the influence of

[[Page 123 STAT. 2281]]

such a condition, receives a medical examination to evaluate a diagnosis 
of post-traumatic stress disorder or traumatic brain injury.

    ``(2) A member covered by paragraph (1) shall not be 
administratively separated under conditions other than honorable until 
the results of the medical examination have been reviewed by appropriate 
authorities responsible for evaluating, reviewing, and approving the 
separation case, as determined by the Secretary concerned.
    ``(3) In a case involving post-traumatic stress disorder, the 
medical examination shall be performed by a clinical psychologist or 
psychiatrist. In cases involving traumatic brain injury, the medical 
examination may be performed by a physician, clinical psychologist, 
psychiatrist, or other health care professional, as appropriate.
    ``(b) Purpose of Medical Examination.--The medical examination 
required by subsection (a) shall assess whether the effects of post-
traumatic stress disorder or traumatic brain injury constitute matters 
in extenuation that relate to the basis for administrative separation 
under conditions other than honorable or the overall characterization of 
service of the member as other than honorable.
    ``(c) Inapplicability to Proceedings Under Uniform Code of Military 
Justice.--The medical examination and procedures required by this 
section do not apply to courts-martial or other proceedings conducted 
pursuant to the Uniform Code of Military Justice.''.
            (2) Clerical amendment.--The table of sections at the 
        beginning of such chapter is amended by inserting after the item 
        relating to section 1176 the following new item:

``1177. Members diagnosed with or reasonably asserting post-traumatic 
           stress disorder or traumatic brain injury: medical 
           examination required before administrative separation.''.

    (b) Review of Previous Discharges and Dismissals.--Section 1553 of 
such title is amended by adding at the end the following new subsection:
    ``(d)(1) In the case of a former member of the armed forces who, 
while serving on active duty as a member of the armed forces, was 
deployed in support of a contingency operation and who, at any time 
after such deployment, was diagnosed by a physician, clinical 
psychologist, or psychiatrist as experiencing post-traumatic stress 
disorder or traumatic brain injury as a consequence of that deployment, 
a board established under this section to review the former member's 
discharge or dismissal shall include a member who is a physician, 
clinical psychologist, or psychiatrist.
    ``(2) In the case of a former member described in paragraph (1) or a 
former member whose application for relief is based in whole or in part 
on matters relating to post-traumatic stress disorder or traumatic brain 
injury as supporting rationale or as justification for priority 
consideration, the Secretary concerned shall expedite a final decision 
and shall accord such cases sufficient priority to achieve an expedited 
resolution. In determining the priority of cases, the Secretary 
concerned shall weigh the medical and humanitarian circumstances of all 
cases and accord higher priority to cases not involving post-traumatic 
stress disorder or traumatic brain injury only when the individual cases 
are considered more compelling.''.

[[Page 123 STAT. 2282]]

    (c) Report Required.--Not later than 240 days after the date of the 
enactment of this Act, the Secretary of Defense shall submit to the 
Committees on Armed Services of the Senate and House of Representatives 
a report containing the detailed procedures and policies used by the 
Secretaries of the military department to implement the amendments made 
by this section, including--
            (1) the list of officials identified by the Secretaries as 
        required to review physical examinations to determine the 
        possible influence of post-traumatic stress disorder or 
        traumatic brain injury on the behavior of members before their 
        separation under other than honorable conditions;
            (2) the procedures adopted by the Secretaries to ensure that 
        appropriate physical examinations required by the amendments are 
        conducted;
            (3) the procedures adopted by the Secretaries to ensure that 
        the medical reviews required by the amendments are conducted; 
        and
            (4) the procedures adopted by the Secretaries to ensure that 
        requests for review of discharges based on matters related to 
        post-traumatic stress disorder or traumatic brain injury are 
        considered in a timely manner by boards that include appropriate 
        medical personnel, as required by the amendments.
SEC. 513. LEGAL ASSISTANCE FOR ADDITIONAL RESERVE COMPONENT 
                        MEMBERS.

    Section 1044(a)(4) of title 10, United States Code, is amended by 
striking ``the Secretary of Defense), for a period of time, prescribed 
by the Secretary of Defense,'' and inserting ``the Secretary), for a 
period of time (prescribed by the Secretary)''.
SEC. 514. <<NOTE: 10 USC 10101 note.>> LIMITATION ON SCHEDULING OF 
                        MOBILIZATION OR PRE-MOBILIZATION TRAINING 
                        FOR RESERVE UNITS WHEN CERTAIN SUSPENSION 
                        OF TRAINING IS LIKELY.

    (a) Limitation.--
            (1) In general.--Subject to paragraph (2), the Secretary of 
        a military department shall avoid scheduling mobilization 
        training or pre-mobilization training for a unit of a reserve 
        component of the Armed Forces at a temporary duty location that 
        is outside the normal commuting distance of the unit (as 
        determined pursuant to the regulations prescribed by the 
        Secretary of Defense under subsection (c)) if a suspension of 
        training at such temporary duty location of at least five days 
        is anticipated to occur during any portion of such mobilization 
        or pre-mobilization training.
            (2) Waiver.--The Secretary of a military department may 
        waive the applicability of the limitation in paragraph (1) to a 
        unit of a reserve component if the Secretary determines that the 
        waiver is in the national security interests of the United 
        States.
            (3) Notice to congress.-- <<NOTE: Termination date.>> Until 
        December 31, 2014, the Secretary of the military department 
        concerned shall submit written notice of each waiver issued 
        under paragraph (2) to the congressional defense committees. 
        Notice of such waiver shall be so submitted at the time of the 
        issuance of such waiver.

    (b) Notice of Other Suspensions of Training.-- <<NOTE: Termination 
date.>> Until December 31, 2014, in the event of a suspension of 
training (other than an anticipated suspension of training described in 
subsection

[[Page 123 STAT. 2283]]

(a)(1)) of at least five days at a temporary duty location at which one 
or more units of the reserve components on active duty are engaged in 
mobilization training or pre-mobilization training, the Secretary of the 
military department having jurisdiction over such unit or units shall 
submit written notice of the suspension to the congressional defense 
committees. Notice of such suspension of training shall be so submitted 
at the time of such suspension of training.

    (c) Regulations.--The Secretaries of the military departments shall 
administer this section in accordance with regulations prescribed by the 
Secretary of Defense. Such regulations shall apply uniformly among the 
military departments.
SEC. 515. EVALUATION OF TEST OF UTILITY OF TEST PREPARATION GUIDES 
                        AND EDUCATION PROGRAMS IN IMPROVING 
                        QUALIFICATIONS OF RECRUITS FOR THE ARMED 
                        FORCES.

    Section 546(d) of the John Warner National Defense Authorization Act 
for Fiscal Year 2007 (Public Law 109-364; 120 Stat. 2215) is amended--
            (1) in the second sentence, by striking ``in training and 
        unit settings'' and inserting ``during training and unit 
        assignments''; and
            (2) by adding at the end the following new sentence: ``Data 
        to make the comparison between the two groups shall be derived 
        from existing sources, which may include performance ratings, 
        separations, promotions, awards and decorations, and 
        reenlistment statistics.''.
SEC. 516. REPORT ON PRESENCE IN THE ARMED FORCES OF MEMBERS 
                        ASSOCIATED OR AFFILIATED WITH GROUPS 
                        ENGAGED IN PROHIBITED ACTIVITIES.

    Not later than 180 days after the date of the enactment of this Act, 
the Secretary of Defense shall, in consultation with the Attorney 
General, submit to the Committees on Armed Service of the Senate and the 
House of Representatives a report on the following:
            (1) Any active participation by members of the Armed Forces 
        in prohibited activities (as defined by subsection 3.5.8 of 
        Department of Defense Directive 1325.6).
            (2) The policies of the Department of Defense to prevent 
        individuals who are active participants in such activities from 
        enlisting in the Armed Forces.

                   Subtitle C--Education and Training

SEC. 521. DETAIL OF COMMISSIONED OFFICERS AS STUDENTS AT SCHOOLS 
                        OF PSYCHOLOGY.

    (a) In General.--Chapter 101 of title 10, United States Code, is 
amended by inserting after section 2004a the following new section:
``Sec. 2004b. Detail of commissioned officers as students at 
                    schools of psychology

    ``(a) Detail Authorized.--The Secretary of each military department 
may detail commissioned officers of the armed forces as students at 
accredited schools of psychology located in the United States for a 
period of training leading to the degree of Doctor

[[Page 123 STAT. 2284]]

of Philosophy in clinical psychology. No more than 25 officers from each 
military department may commence such training in any single fiscal 
year.
    ``(b) Eligibility for Detail.--To be eligible for detail under 
subsection (a), an officer must be a citizen of the United States and 
must--
            ``(1) have served on active duty for a period of not less 
        than two years nor more than six years and be in the pay grade 
        0-3 or below as of the time the training is to begin; and
            ``(2) sign an agreement that unless sooner separated the 
        officer will--
                    ``(A) complete the educational course of 
                psychological training;
                    ``(B) accept transfer or detail as a commissioned 
                officer within the military department concerned when 
                the officer's training is completed; and
                    ``(C) agree to serve, following completion of the 
                officer's training, on active duty (or on active duty 
                and in the Selected Reserve) for a period as specified 
                pursuant to subsection (c).

    ``(c) Service Obligation.--(1) Except as provided in paragraph (2), 
the agreement of an officer under subsection (b) shall provide that the 
officer shall serve on active duty for two years for each year or part 
thereof of the officer's training under subsection (a).
    ``(2) The agreement of an officer may authorize the officer to serve 
a portion of the officer's service obligation on active duty and to 
complete the service obligation that remains upon separation from active 
duty in the Selected Reserve. Under any such agreement, an officer shall 
serve three years in the Selected Reserve for each year or part thereof 
of the officer's training under subsection (a) for any service 
obligation that was not completed before separation from active duty.
    ``(d) Selection of Officers for Detail.--Officers detailed for 
training under subsection (a) shall be selected on a competitive basis 
by the Secretary of the military department concerned.
    ``(e) Relation of Service Obligations to Other Service 
Obligations.--Any service obligation incurred by an officer under an 
agreement entered into under subsection (b) shall be in addition to any 
service obligation incurred by the officer under any other provision of 
law or agreement.
    ``(f) Expenses.--Expenses incident to the detail of officers under 
this section shall be paid from any funds appropriated for the military 
department concerned.
    ``(g) Failure to Complete Program.--(1) An officer who is dropped 
from a program of psychological training to which detailed under 
subsection (a) for deficiency in conduct or studies, or for other 
reasons, may be required to perform active duty in an appropriate 
military capacity in accordance with the active duty obligation imposed 
on the officer under regulations issued by the Secretary of Defense for 
purposes of this section.
    ``(2) In no case shall an officer be required to serve on active 
duty under paragraph (1) for any period in excess of one year for each 
year or part thereof the officer participated in the program.
    ``(h) Limitation on Details.--No agreement detailing an officer of 
the armed forces to an accredited school of psychology may

[[Page 123 STAT. 2285]]

be entered into during any period in which the President is authorized 
by law to induct persons into the armed forces involuntarily. Nothing in 
this subsection shall affect any agreement entered into during any 
period when the President is not authorized by law to so induct persons 
into the armed forces.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 101 of such title is amended by inserting after the item 
relating to section 2004a the following new item:

``2004b. Detail of commissioned officers as students at schools of 
           psychology.''.

SEC. 522. APPOINTMENT OF PERSONS ENROLLED IN ADVANCED COURSE OF 
                        THE ARMY RESERVE OFFICERS' TRAINING CORPS 
                        AT MILITARY JUNIOR COLLEGES AS CADETS IN 
                        ARMY RESERVE OR ARMY NATIONAL GUARD OF THE 
                        UNITED STATES.

    Section 2107a(h) of title 10, United States Code, is amended--
            (1) by striking ``17 cadets'' and inserting ``22 cadets'';
            (2) by striking ``17 members'' and inserting ``22 members''; 
        and
            (3) by striking ``17 such members'' and inserting ``22 such 
        members''.
SEC. 523. EXPANSION OF CRITERIA FOR APPOINTMENT AS MEMBER OF THE 
                        BOARD OF REGENTS OF THE UNIFORMED SERVICES 
                        UNIVERSITY OF THE HEALTH SCIENCES.

    Section 2113a(b)(1) of title 10, United States Code, is amended by 
striking ``health and health education'' and inserting ``health care, 
higher education administration, or public policy''.
SEC. 524. USE OF ARMED FORCES HEALTH PROFESSIONS SCHOLARSHIP AND 
                        FINANCIAL ASSISTANCE PROGRAM TO INCREASE 
                        NUMBER OF HEALTH PROFESSIONALS WITH SKILLS 
                        TO ASSIST IN PROVIDING MENTAL HEALTH CARE.

    (a) Additional Element Within Scholarship Program.--Section 2121(a) 
of title 10, United States Code, is amended--
            (1) by inserting ``(1)'' after ``(a)'';
            (2) by striking ``in the various health professions'' and 
        inserting ``(A) in the various health professions or (B) as a 
        health professional with specific skills to assist in providing 
        mental health care to members of the armed forces''; and
            (3) by adding at the end the following new paragraph:

    ``(2) Under the program of a military department, the Secretary of 
that military department shall allocate a portion of the total number of 
scholarships to members of the program described in paragraph (1)(B) for 
the purpose of assisting such members to pursue a degree at the masters 
and doctoral level in any of the following disciplines:
            ``(A) Social work.
            ``(B) Clinical psychology.
            ``(C) Psychiatry.
            ``(D) Other disciplines that contribute to mental health 
        care programs in that military department.''.

    (b) Authorized Number of Members of the Program.--Section 2124 of 
such title is amended--
            (1) by striking ``The number'' and inserting ``(a) 
        Authorized Number of Members of the Program.--The number'';
            (2) by striking ``6,000'' and inserting ``6,300''; and

[[Page 123 STAT. 2286]]

            (3) by adding at the end the following new subsection:

    ``(b) Mental Health Professionals.--Of the number of persons 
designated as members of the program at any time, 300 may be members of 
the program described in section 2121(a)(1)(B) of this title.''.
SEC. 525. DEPARTMENT OF DEFENSE UNDERGRADUATE NURSE TRAINING 
                        PROGRAM.

    (a) Revision of Current School of Nursing Authorizations.--
            (1) Repeal of establishment within uniformed services 
        university of the health sciences.--Section 2117 of title 10, 
        United States Code, is repealed.
            (2) Establishment as department of defense school.--Chapter 
        108 of such title is amended by adding at the end the following 
        new section:
``Sec. 2169. School of Nursing: establishment

    ``(a) Establishment Authorized.--The Secretary of Defense may 
establish a School of Nursing.
    ``(b) Degree Granting Authority.--The School of Nursing may include 
a program that awards a bachelor of science in nursing.
    ``(c) Phased Development.--The Secretary of Defense may develop the 
School of Nursing in phases as determined appropriate by the 
Secretary.''.
            (3) Clerical amendments.--
                    (A) Chapter 104.--The table of sections at the 
                beginning of chapter 104 of such title is amended by 
                striking the item relating to section 2117.
                    (B) Chapter 108.--The table of sections at the 
                beginning of chapter 108 of such title is amended by 
                adding at the end the following new item:

``2169. School of Nursing: establishment.''.

    (b) Authority to Establish Undergraduate Nurse Training Program.--
            (1) In general.--Chapter 101 of title 10, United States 
        Code, is amended by adding at the end the following new section:
``Sec. 2016. Undergraduate nurse training program: establishment 
                  through agreement with academic institution

    ``(a) Establishment Authorized.--(1) To increase the number of 
nurses in the armed forces, the Secretary of Defense may enter into an 
agreement with one or more academic institutions to establish and 
operate an undergraduate program (in this section referred to as a 
`undergraduate nurse training program') under which participants will 
earn a nursing degree and serve as a member of the armed forces.
    ``(2) The Secretary of Defense may authorize the participation of 
members of the other uniformed services in the undergraduate nurse 
training program if the Secretary of Defense and the Secretary of Health 
and Human Services jointly determine the participation of such members 
in the program will facilitate an increase in the number of nurses in 
the other uniformed services.
    ``(b) Graduation Rates.--An undergraduate nurse training program 
shall have the capacity to graduate 25 students with

[[Page 123 STAT. 2287]]

a bachelor of science degree in the first class of the program, 50 in 
the second class, and 100 annually thereafter.
    ``(c) Elements.--An undergraduate nurse training program shall have 
the following elements:
            ``(1) It shall involve an academic partnership with one or 
        more academic institutions with existing accredited schools of 
        nursing.
            ``(2) It shall recruit as participants qualified individuals 
        with at least two years of appropriate academic preparation, as 
        determined by the Secretary of Defense.

    ``(d) Location of Programs.--An academic institution selected to 
operate an undergraduate nurse training program shall establish the 
program at or near a military installation. A military installation at 
or near which an undergraduate nurse training program is established 
must--
            ``(1) be one of the ten largest military installations in 
        the United States, in terms of the number of active duty 
        personnel assigned to the installation and family members 
        residing on or in the vicinity of the installations; and
            ``(2) have a military treatment facility with inpatient 
        capability designated as a medical center located on the 
        installation or within 10 miles of the installation.

    ``(e) Limitation on Faculty.--An agreement entered into under 
subsection (a) shall not require members of the armed forces who are 
nurses to serve as faculty members for an undergraduate nurse training 
program.
    ``(f) Military Service Commitment.--The Secretary of Defense shall 
encourage members of the armed forces to apply to participate in an 
undergraduate nurse training program. Graduates of the program shall 
incur a military service obligation in a regular or reserve component, 
as determined by the Secretary.''.
            (2) Clerical amendment.--The table of sections at the 
        beginning of such chapter is amended by adding at the end the 
        following new item:

``2016. Undergraduate nurse training program: establishment through 
           agreement with academic institution.''.

    (c) Undergraduate Nurse Training Program Plan.-- 
<<NOTE: Deadline. 10 USC 2016 note.>> Not later than 180 days after the 
date of the enactment of this Act, the Secretary of Defense shall submit 
to the Committees on Armed Services of the Senate and House of 
Representatives a plan to establish an undergraduate nurse training 
program in the Department of Defense in accordance with the authority 
provided by section 2169 of title 10, United States Code, as added by 
subsection (a), section 2016 of such title, as added by subsection (b), 
or any other authority available to the Secretary.

    (d) Pilot Program.--
            (1) Pilot program required.--The plan required by subsection 
        (c) shall provide for the establishment of a pilot program to 
        increase the number of nurses serving in the Armed Forces.
            (2) Implementation and duration.--The pilot program shall 
        begin not later than July 1, 2011, and be of not less than five 
        years in duration.
            (3) Graduation rates.--The pilot program shall achieve 
        graduation rates at least equal to the rates required for the 
        undergraduate nurse training program authorized by section

[[Page 123 STAT. 2288]]

        2016 of title 10, United States Code, as added by subsection 
        (b).
            (4) Implementation report.--Not later than 270 days after 
        the date of the enactment of this Act, the Secretary of Defense 
        shall submit to the Committees on Armed Services of the Senate 
        and House of Representatives a report on the pilot program, 
        including a description of the program selected to be 
        undertaken, the program's goals, and any additional legal 
        authorities that may be needed to undertake the program.
            (5) Progress reports.--Not later than 90 days after the end 
        of each academic year of the pilot program, the Secretary of 
        Defense shall submit to the Committees on Armed Services of the 
        Senate and House of Representatives a report specifying the 
        number of nurses accessed into the Armed Forces through the 
        program and the number of students accepted for the upcoming 
        academic year.
            (6) Final report.--Not later than one year before the end of 
        the pilot program, the Secretary of Defense shall submit to the 
        Committees on Armed Services of the Senate and House of 
        Representatives a report specifying the number of nurses 
        accessed through the program, evaluating the overall 
        effectiveness of the program, and containing the Secretary's 
        recommendations regarding whether the program should be 
        extended.

    (e) Effect on Other Nursing Programs.--Notwithstanding the 
development of undergraduate nurse training programs under the 
amendments made by this section and subsection (d), the Secretary of 
Defense shall ensure that graduate degree programs in nursing, including 
advanced practice nursing, continue.
    (f) Effect on Other Recruitment Efforts.--Nothing in this section 
shall be construed as limiting or terminating any current or future 
program of the Department of Defense related to the recruitment, 
accession, training, or retention of nurses.
SEC. 526. INCREASE IN NUMBER OF PRIVATE SECTOR CIVILIANS 
                        AUTHORIZED FOR ADMISSION TO NATIONAL 
                        DEFENSE UNIVERSITY.

    Section 2167(a) of title 10, United States Code, is amended by 
striking ``10 full-time student positions'' and inserting ``20 full-time 
student positions''.
SEC. 527. APPOINTMENTS TO MILITARY SERVICE ACADEMIES FROM 
                        NOMINATIONS MADE BY DELEGATE FROM THE 
                        COMMONWEALTH OF THE NORTHERN MARIANA 
                        ISLANDS.

    (a) United States Military Academy.--Section 4342(a)(10) of title 
10, United States Code, is amended by striking ``One cadet'' and 
inserting ``Two cadets''.
    (b) United States Naval Academy.--Section 6954(a)(10) of such title 
is amended by striking ``One'' and inserting ``Two''.
    (c) United States Air Force Academy.--Section 9342(a)(10) of such 
title is amended by striking ``One cadet'' and inserting ``Two cadets''.
    (d) <<NOTE: 10 USC 4342 note.>> Effective Date.--The amendments made 
by this section shall apply with respect to appointments to the United 
States Military Academy, the United States Naval Academy, and the United 
States Air Force Academy beginning with the first class of candidates 
nominated for appointment to these military service academies after the 
date of the enactment of this Act.

[[Page 123 STAT. 2289]]

SEC. 528. ATHLETIC ASSOCIATION FOR THE AIR FORCE ACADEMY.

    (a) In General.--Chapter 903 of title 10, United States Code, is 
amended by adding at the end the following new section:
``Sec. 9362. Support of athletic programs

    ``(a) Corporation for Support Authorized.--(1) The Secretary of the 
Air Force may, in accordance with the laws of the State of 
incorporation, establish a corporation (in this section referred to as 
the `corporation') to support the athletic programs of the Academy. All 
stock of the corporation shall be owned by the United States and held in 
the name of and voted by the Secretary of the Air Force.
    ``(2) The corporation shall operate exclusively for charitable, 
educational, and civic purposes to support the athletic programs of the 
Academy.
    ``(b) Corporate Organization.--The corporation shall be organized 
and operated--
            ``(1) as a nonprofit corporation under section 501 (c)(3) of 
        the Internal Revenue Code of 1986;
            ``(2) in accordance with this section; and
            ``(3) pursuant to the laws of the State of incorporation, 
        its articles of incorporation, and its bylaws.

    ``(c) Corporate Board of Directors.--(1) The members of the board of 
directors of the corporation shall serve without compensation as members 
of the board, except for reasonable travel and other related expenses 
for attendance at meetings of the board.
    ``(2) The Secretary of the Air Force may authorize military and 
civilian personnel of the Air Force under section 1033 of this title to 
serve, in their official capacities, as members of the board of 
directors of the corporation, but such personnel shall not hold more 
than one-third of the directorships.
    ``(d) Transfers From Nonappropriated Fund Operation.--The Secretary 
of the Air Force may, subject to the acceptance of the corporation, 
transfer to the corporation all title to and ownership of the assets and 
liabilities of the Air Force nonappropriated fund instrumentality whose 
functions include providing support for the athletic programs of the 
Academy, including bank accounts and financial reserves in its accounts, 
equipment, supplies, and other personal property, but excluding any 
interest in real property.
    ``(e) Acceptance of Gifts.--The Secretary of the Air Force may 
accept from the corporation funds, supplies, and services for the 
support of cadets and Academy personnel during their participation in 
Academy or corporate events related to the athletic programs of the 
Academy.
    ``(f) Leases.--The Secretary of the Air Force may, in accordance 
with section 2667 of this title, lease real and personal property to the 
corporation for purposes related to the athletic programs of the 
Academy. Funds received from any such lease may be retained and spent by 
the Secretary to support athletic programs of the Academy.
    ``(g) Cooperative Agreements.--The Secretary of the Air Force may 
enter into cooperative agreements (as described in section 6305 of title 
31) with the corporation for purposes related to the athletic programs 
of the Academy.''.

[[Page 123 STAT. 2290]]

    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 903 of such title is amended by adding at the end the following 
new item:

``9362. Support of athletic programs.''.

SEC. 529. <<NOTE: 10 USC 2001 note prec.>> LANGUAGE TRAINING 
                        CENTERS FOR MEMBERS OF THE ARMED FORCES 
                        AND CIVILIAN EMPLOYEES OF THE DEPARTMENT 
                        OF DEFENSE.

    (a) Program Authorized.--The Secretary of Defense may carry out a 
program to establish language training centers at accredited 
universities, senior military colleges, or other similar institutions of 
higher education for purposes of accelerating the development of 
foundational expertise in critical and strategic languages and regional 
area studies (as defined by the Secretary of Defense for purposes of 
this section) for members of the Armed Forces, including members of the 
reserve components and candidates of the Reserve Officers' Training 
Corps programs, and civilian employees of the Department of Defense.
    (b) Elements.--Each language training center established under the 
program authorized by subsection (a) shall include the following:
            (1) Programs to provide that members of the Armed Forces or 
        civilian employees of the Department of Defense who graduate 
        from the institution of higher education concerned include 
        members or employees, as the case may be, who are skilled in the 
        languages and area studies covered by the program from beginning 
        through advanced skill levels.
            (2) Programs of language proficiency training for such 
        members and civilian employees at the institution of higher 
        education concerned in critical and strategic languages tailored 
        to meet operational readiness requirements.
            (3) Alternative language training delivery systems and 
        modalities to meet language and regional area study requirements 
        for such members and employees whether prior to deployment, 
        during deployment, or post-deployment.
            (4) Programs on critical and strategic languages under the 
        program that can be incorporated into Reserve Officers' Training 
        Corps programs to facilitate the development of language skills 
        in such languages among future officers of the Armed Forces.
            (5) Training and education programs to expand the pool of 
        qualified instructors and educators on critical and strategic 
        languages and regional area studies under the program for the 
        Armed Forces.
            (6) Programs to facilitate and encourage the recruitment of 
        native and heritage speakers of critical and strategic languages 
        under the program into the Armed Forces and the civilian 
        workforce of the Department of Defense and to support the 
        Civilian Linguist Reserve Corps.

    (c) Partnerships With Other Schools.--Any language training center 
established under the program authorized by subsection (a) may enter 
into a partnership with one or more local educational agencies to 
facilitate the development of skills in critical and strategic languages 
under the program among students attending the elementary and secondary 
schools of such agencies who may pursue a military career.

[[Page 123 STAT. 2291]]

    (d) Coordination.--The Secretary of Defense shall ensure that the 
language training centers established under the program authorized by 
subsection (a) are aligned with those of the National Security Education 
Program, the Defense Language Institute, and other appropriate 
Department of Defense programs to facilitate and encourage the 
recruitment of native and heritage speakers of critical and strategic 
languages under the program into the Armed Forces and the civilian 
workforce of the Department of Defense and to support the Civilian 
Linguist Reserve Corps.
    (e) Report.--Not later than one year after the date of the 
establishment of the program authorized by subsection (a), the Secretary 
of Defense shall submit to the congressional defense committees a report 
on the program. The report shall include the following:
            (1) A description of each language training center 
        established under the program.
            (2) An assessment of the cost-effectiveness of the program 
        in providing foundational expertise in critical and strategic 
        languages and regional area studies in support of the Defense 
        Language Transformation Roadmap.
            (3) An assessment of the progress made by each language 
        training center in providing capabilities in critical and 
        strategic languages under the program to members of the Armed 
        Forces and Department of Defense employees.
            (4) A recommendation whether the program should be continued 
        and, if so, recommendations as to any modifications of the 
        program that the Secretary considers appropriate.

                Subtitle D--Defense Dependents' Education

SEC. 531. CONTINUATION OF AUTHORITY TO ASSIST LOCAL EDUCATIONAL 
                        AGENCIES THAT BENEFIT DEPENDENTS OF 
                        MEMBERS OF THE ARMED FORCES AND DEPARTMENT 
                        OF DEFENSE CIVILIAN EMPLOYEES.

    (a) Assistance to Schools With Significant Numbers of Military 
Dependent Students.--Of the amount authorized to be appropriated for 
fiscal year 2010 pursuant to section 301(5) for operation and 
maintenance for Defense-wide activities, $30,000,000 shall be available 
only for the purpose of providing assistance to local educational 
agencies under subsection (a) of section 572 of the National Defense 
Authorization Act for Fiscal Year 2006 (Public Law 109-163; 119 Stat. 
3271; 20 U.S.C. 7703b).
    (b) Assistance to Schools With Enrollment Changes Due to Base 
Closures, Force Structure Changes, or Force Relocations.--Of the amount 
authorized to be appropriated for fiscal year 2010 pursuant to section 
301(5) for operation and maintenance for Defense-wide activities, 
$14,000,000 shall be available only for the purpose of providing 
assistance to local educational agencies under subsection (b) of such 
section 572, as amended by section 533 of this Act.
    (c) Local Educational Agency Defined.--In this section, the term 
``local educational agency'' has the meaning given that term in section 
8013(9) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 
7713(9)).

[[Page 123 STAT. 2292]]

SEC. 532. IMPACT AID FOR CHILDREN WITH SEVERE DISABILITIES.

    Of the amount authorized to be appropriated for fiscal year 2010 by 
section 301(5) for operation and maintenance for Defense-wide 
activities, $5,000,000 shall be available for payments under section 363 
of the Floyd D. Spence National Defense Authorization Act for Fiscal 
Year 2001 (as enacted into law by Public Law 106-398; 114 Stat. 1654A-
77; 20 U.S.C. 7703a).
SEC. 533. TWO-YEAR EXTENSION OF AUTHORITY FOR ASSISTANCE TO LOCAL 
                        EDUCATIONAL AGENCIES WITH ENROLLMENT 
                        CHANGES DUE TO BASE CLOSURES, FORCE 
                        STRUCTURE CHANGES, OR FORCE RELOCATIONS.

    Section 572(b)(4) of the National Defense Authorization Act for 
Fiscal Year 2006 (Public Law 109-163; 119 Stat. 3271; 20 U.S.C. 
7703b(b)(4)) is amended by striking ``September 30, 2010'' and inserting 
``September 30, 2012''.
SEC. 534. AUTHORITY TO EXTEND ELIGIBILITY FOR ENROLLMENT IN 
                        DEPARTMENT OF DEFENSE ELEMENTARY AND 
                        SECONDARY SCHOOLS TO CERTAIN ADDITIONAL 
                        CATEGORIES OF DEPENDENTS.

    Section 2164 of title 10, United States Code, is amended by adding 
at the end the following new subsection:
    ``(j) Tuition-free Enrollment of Dependents of Foreign Military 
Personnel Residing on Domestic Military Installations and Dependents of 
Certain Deceased Members of the Armed Forces.--(1) The Secretary may 
authorize the enrollment in a Department of Defense education program 
provided by the Secretary pursuant to subsection (a) of a dependent not 
otherwise eligible for such enrollment who is the dependent of an 
individual described in paragraph (2). Enrollment of such a dependent 
shall be on a tuition-free basis.
    ``(2) An individual referred to in paragraph (1) is any of the 
following:
            ``(A) A member of a foreign armed force residing on a 
        military installation in the United States (including 
        territories, commonwealths, and possessions of the United 
        States).
            ``(B) A deceased member of the armed forces who died in the 
        line of duty in a combat-related operation, as designated by the 
        Secretary.''.
SEC. 535. PERMANENT AUTHORITY FOR ENROLLMENT IN DEFENSE 
                        DEPENDENTS' EDUCATION SYSTEM OF DEPENDENTS 
                        OF FOREIGN MILITARY MEMBERS ASSIGNED TO 
                        SUPREME HEADQUARTERS ALLIED POWERS, 
                        EUROPE.

    (a) Permanent Enrollment Authority.--Subsection (a)(2) of section 
1404A of the Defense Dependents' Education Act of 1978 (20 U.S.C. 923a) 
is amended by striking ``, and only through the 2010-2011 school year''.
    (b) Combatant Commander Advice and Assistance.--Subsection (c)(1) of 
such section is amended by adding at the end the following new sentence: 
``The Secretary shall prescribe such methodology with the advice and 
assistance of the commander of the geographic combatant command with 
jurisdiction over Mons, Belgium.''.

[[Page 123 STAT. 2293]]

SEC. 536. DETERMINATION OF NUMBER OF WEIGHTED STUDENT UNITS FOR 
                        LOCAL EDUCATIONAL AGENCIES FOR RECEIPT OF 
                        BASIC SUPPORT PAYMENTS UNDER IMPACT AID.

    Section 8003(a)(2)(C)(i) of the Elementary and Secondary Education 
Act of 1965 (20 U.S.C. 7703(a)(2)(C)(i)) is amended by striking 
``6,500'' and inserting ``5,000''.
SEC. 537. STUDY ON OPTIONS FOR EDUCATIONAL OPPORTUNITIES FOR 
                        DEPENDENT CHILDREN OF MEMBERS OF THE ARMED 
                        FORCES WHEN PUBLIC SCHOOLS ATTENDED BY 
                        SUCH CHILDREN ARE DETERMINED TO NEED 
                        IMPROVEMENT.

    (a) Study on Options for Educational Opportunities.--
            (1) Study required.--The Secretary of Defense shall, in 
        consultation with the Secretary of Education, conduct a study on 
        options for educational opportunities that are, or may be, 
        available for dependent children of members of the Armed Forces 
        who do not attend Department of Defense dependents' schools when 
        the public elementary and secondary schools attended by such 
        children are determined to be in need of improvement pursuant to 
        section 1116(b) of the Elementary and Secondary Education Act of 
        1965 (20 U.S.C. 6316(b)).
            (2) Options.--The options to be considered under the study 
        required by paragraph (1) may include the following:
                    (A) Education programs offered through the Internet, 
                including programs that are provided by the Department 
                of Defense through the Internet.
                    (B) Charter schools.
                    (C) Such other public school options as the 
                Secretary of Defense, in consultation with the Secretary 
                of Education, considers appropriate for purposes of the 
                study.
            (3) Elements.--The study required by paragraph (1) shall 
        address the following matters:
                    (A) The challenges faced by parents of military 
                families in securing quality elementary and secondary 
                education for their children when the public elementary 
                and secondary schools attended by their children are 
                identified as being in need of improvement.
                    (B) The extent to which perceptions of differing 
                degrees of quality in public elementary and secondary 
                schools in different regions of the United States affect 
                plans of military families to relocate, including 
                relocation pursuant to a permanent change of duty 
                station.
                    (C) The various reasons why military families seek 
                educational opportunities for their children other than 
                those available through local public elementary and 
                secondary schools.
                    (D) The current level of student achievement in 
                public elementary and secondary schools in school 
                districts which have a high percentage of students who 
                are children of military families.
                    (E) The educational needs of children of military 
                families who are required by location to attend public 
                elementary and secondary schools identified as being in 
                need of improvement.
                    (F) The value and impact of other alternative 
                educational programs for military families.

[[Page 123 STAT. 2294]]

                    (G) The extent to which the options referred to in 
                paragraph (2) would provide a meaningful option for 
                education for military children when the public 
                elementary and secondary schools attended by such 
                children are determined to be in need of improvement.
                    (H) The extent to which the options referred to in 
                paragraph (2) would improve the quality of education 
                available for students with special needs, including 
                students with learning disabilities and gifted students.
                    (I) Such other matters as the Secretary of Defense 
                and Secretary of Education consider appropriate for 
                purposes of the study.

    (b) Report.--Not later than March 31, 2010, the Secretary of Defense 
shall submit to the Committee on Armed Services of the Senate, the 
Committee on Health, Education, Labor, and Pensions of the Senate, the 
Committee on Armed Services of the House of Representatives, and the 
Committee on Education and Labor of the House of Representatives a 
report on the study required by subsection (a). The report shall include 
the following:
            (1) A description of the results of the study.
            (2) Such recommendations for legislative or administrative 
        action as the Secretary of Defense, in consultation with the 
        Secretary of Education, considers appropriate in light of the 
        results of the study.
SEC. 538. COMPTROLLER GENERAL AUDIT OF ASSISTANCE TO LOCAL 
                        EDUCATIONAL AGENCIES FOR DEPENDENT 
                        CHILDREN OF MEMBERS OF THE ARMED FORCES.

    (a) In General.--The Comptroller General of the United States shall 
conduct an audit of the utilization by local educational agencies of the 
assistance specified in subsection (b) provided to such agencies for 
fiscal years 2001 through 2009 for the education of dependent children 
of members of the Armed Forces. The audit shall include--
            (1) an evaluation of the utilization of such assistance by 
        such agencies; and
            (2) an assessment of the effectiveness of such assistance in 
        improving the quality of education provided to dependent 
        children of members of the Armed Forces.

    (b) Assistance Specified.--The assistance specified in this 
subsection is the following:
            (1) Assistance provided under the following:
                    (A) Section 551 of the Duncan Hunter National 
                Defense Authorization Act for Fiscal Year 2009 (Public 
                Law 110-417; 122 Stat. 4468).
                    (B) Section 571 of the National Defense 
                Authorization Act for Fiscal Year 2008 (Public Law 110-
                181; 122 Stat. 119).
                    (C) Section 572 of the John Warner National Defense 
                Authorization Act for Fiscal Year 2007 (Public Law 109-
                364; 120 Stat. 2225).
                    (D) Section 574 of the John Warner National Defense 
                Authorization Act for Fiscal Year 2007 (120 Stat. 2226; 
                20 U.S.C. 7703b note).
                    (E) Section 575 of the John Warner National Defense 
                Authorization Act for Fiscal Year 2007 (120 Stat. 2227; 
                10 U.S.C. 1788 note).

[[Page 123 STAT. 2295]]

                    (F) Section 572 of the National Defense 
                Authorization Act for Fiscal Year 2006 (Public Law 109-
                163; 119 Stat. 3271; 20 U.S.C. 7703b).
                    (G) Section 574 of the National Defense 
                Authorization Act for Fiscal Year 2006 (119 Stat. 3273).
                    (H) Section 558 of the Ronald W. Reagan National 
                Defense Authorization Act for Fiscal Year 2005 (Public 
                Law 108-375; 118 Stat. 1916).
                    (I) Section 559 of the Ronald W. Reagan National 
                Defense Authorization Act for Fiscal Year 2005 (118 
                Stat. 1917).
                    (J) Section 536 of the National Defense 
                Authorization Act for Fiscal Year 2004 (Public Law 108-
                136; 117 Stat. 1474).
                    (K) Clauses (i) and (ii) of section 8003(b)(2)(H) of 
                the Elementary and Secondary Education Act of 1965 (20 
                U.S.C. 7703(b)(2)(H)).
                    (L) Section 341 of the Bob Stump National Defense 
                Authorization Act for Fiscal Year 2003 (Public Law 107-
                314; 116 Stat. 2514).
                    (M) Section 344 of the Bob Stump National Defense 
                Authorization Act for Fiscal Year 2003 (116 Stat. 2515).
                    (N) Section 351 of the National Defense 
                Authorization Act for Fiscal Year 2002 (Public Law 107-
                107; 115 Stat. 1063).
                    (O) Section 362 of the Floyd D. Spence National 
                Defense Authorization Act for Fiscal Year 2001 (as 
                enacted into law by Public Law 106-398; 114 Stat. 1654A-
                76).
                    (P) Section 364 of the National Defense 
                Authorization Act for Fiscal Year 2001 (114 Stat. 1654A-
                78)
            (2) Payments made under section 363 of the Floyd D. Spence 
        National Defense Authorization Act for Fiscal Year 2001 (114 
        Stat. 1654A-77; 20 U.S.C. 7703a).

    (c) Report.--Not later than one year after the date of the enactment 
of this Act, the Comptroller General shall submit to the congressional 
defense committees a report containing the results of the audit required 
by subsection (a).
SEC. 539. SENSE OF CONGRESS ON THE INTERSTATE COMPACT ON 
                        EDUCATIONAL OPPORTUNITY FOR MILITARY 
                        CHILDREN.

    It is the sense of Congress to--
            (1) express strong support and commendation for all the 
        States that have successfully enacted the Interstate Compact on 
        Educational Opportunity for Military Children;
            (2) express its strong support and encourage all remaining 
        States to enact the Interstate Compact on Educational 
        Opportunity for Military Children;
            (3) recognize the importance of the components of the 
        Interstate Compact on Educational Opportunity for Military 
        Children, including--
                    (A) the transfer of educational records to expedite 
                the proper enrollment and placement of students;
                    (B) the ability of students to continue their 
                enrollment at a grade level in the receiving State 
                commensurate with their grade level from the sending 
                State;

[[Page 123 STAT. 2296]]

                    (C) priority for attendance to children of members 
                of the Armed Forces assuming the school district accepts 
                transfer students;
                    (D) the ability of students to continue their course 
                placement, including but not limited to Honors, 
                International Baccalaureate, Advanced Placement, 
                vocational, technical, and career pathways courses;
                    (E) the recalculation of grades to consider the 
                weights offered by a receiving school for the same 
                performance in the same course when a student transfers 
                from one grading system to another system (for example, 
                number-based system to letter-based system);
                    (F) the waiver of specific courses required for 
                graduation if similar course work has been 
                satisfactorily completed in another local education 
                agency or the provision of an alternative means of 
                acquiring required coursework so that graduation may 
                occur on time; and
                    (G) the recognition of an appointed guardian as a 
                custodial parent while the child's parent or parents are 
                deployed; and
            (4) express strong support for States to develop a State 
        Council to provide for the coordination among their agencies of 
        government, local education agencies, and military installations 
        concerning the participation of a State in the Interstate 
        Compact on Educational Opportunity for Military Children.

                 Subtitle E--Missing or Deceased Persons

SEC. 541. ADDITIONAL REQUIREMENTS FOR ACCOUNTING FOR MEMBERS OF 
                        THE ARMED FORCES AND DEPARTMENT OF DEFENSE 
                        CIVILIAN EMPLOYEES LISTED AS MISSING IN 
                        CONFLICTS OCCURRING BEFORE ENACTMENT OF 
                        NEW SYSTEM FOR ACCOUNTING FOR MISSING 
                        PERSONS.

    (a) Imposition of Additional Requirements.--Section 1509 of title 
10, United States Code, is amended to read as follows:
``Sec. 1509. Program to resolve preenactment missing person cases

    ``(a) Program Required; Covered Conflicts.--The Secretary of Defense 
shall implement a comprehensive, coordinated, integrated, and fully 
resourced program to account for persons described in subparagraph (A) 
or (B) of section 1513(1) of this title who are unaccounted for from the 
following conflicts:
            ``(1) World War II during the period beginning on December 
        7, 1941, and ending on December 31, 1946, including members of 
        the armed forces who were lost during flight operations in the 
        Pacific theater of operations covered by section 576 of the 
        National Defense Authorization Act for Fiscal Year 2000 (Public 
        Law 106-65; 10 U.S.C. 1501 note).
            ``(2) The Cold War during the period beginning on September 
        2, 1945, and ending on August 21, 1991.
            ``(3) The Korean War during the period beginning on June 27, 
        1950, and ending on January 31, 1955.
            ``(4) The Indochina War era during the period beginning on 
        July 8, 1959, and ending on May 15, 1975.

[[Page 123 STAT. 2297]]

            ``(5) The Persian Gulf War during the period beginning on 
        August 2, 1990, and ending on February 28, 1991.
            ``(6) Such other conflicts in which members of the armed 
        forces served as the Secretary of Defense may designate.

    ``(b) Implementation Process.--(1) The Secretary of Defense shall 
implement the program within the Department of Defense POW/MIA 
accounting community.
    ``(2) For purposes of paragraph (1), the term `POW/MIA accounting 
community' means:
            ``(A) The Defense Prisoner of War/Missing Personnel Office 
        (DPMO).
            ``(B) The Joint POW/MIA Accounting Command (JPAC).
            ``(C) The Armed Forces DNA Identification Laboratory 
        (AFDIL).
            ``(D) The Life Sciences Equipment Laboratory of the Air 
        Force (LSEL).
            ``(E) The casualty and mortuary affairs offices of the 
        military departments.
            ``(F) Any other element of the Department of Defense whose 
        mission (as designated by the Secretary of Defense) involves the 
        accounting for and recovery of members of the armed forces who 
        are missing in action, prisoners of war, or unaccounted for.

    ``(c) Treatment as Missing Persons.--Each unaccounted for person 
covered by subsection (a) shall be considered to be a missing person for 
purposes of the applicability of other provisions of this chapter to the 
person.
    ``(d) Establishment of Personnel Files.-- <<NOTE: Records.>> (1) The 
Secretary of Defense shall ensure that a personnel file is established 
and maintained for each person covered by subsection (a) if the 
Secretary--
            ``(A) possesses any information relevant to the status of 
        the person; or
            ``(B) receives any new information regarding the missing 
        person as provided in subsection (e).

    ``(2) The Secretary of Defense shall ensure that each file 
established under this subsection contains all relevant information 
pertaining to a person covered by subsection (a) and is readily 
accessible to all elements of the department, the combatant commands, 
and the armed forces involved in the effort to account for the person.
    ``(3) Each file established under this subsection shall be handled 
in accordance with, and subject to the provisions of, section 1506 of 
this title in the same manner as applies to the file of a missing person 
otherwise subject to such section.
    ``(e) Review of Status Requirements.--(1) If new information (as 
described in paragraph (3)) is found or received that may be related to 
one or more unaccounted for persons covered by subsection (a), whether 
or not such information specifically relates (or may specifically 
relate) to any particular such unaccounted for person, that information 
shall be provided to the Secretary of Defense.
    ``(2) Upon receipt of new information under paragraph (1), the 
Secretary shall ensure that--
            ``(A) the information is treated under paragraph (2) of 
        subsection (c) of section 1505 of this title, relating to 
        addition

[[Page 123 STAT. 2298]]

        of the information to the personnel file of a person and 
        notification requirements, in the same manner as information 
        received under paragraph (1) under such subsection; and
            ``(B) the information is treated under paragraph (3) of 
        subsection (c) and subsection (d) of such section, relating to a 
        board review under such section, in the same manner as 
        information received under paragraph (1) of such subsection (c).

    ``(3) For purposes of this subsection, new information is 
information that is credible and that--
            ``(A) is found or received after November 18, 1997, by a 
        United States intelligence agency, by a Department of Defense 
        agency, or by a person specified in section 1504(g) of this 
        title; or
            ``(B) is identified after November 18, 1997, in records of 
        the United States as information that could be relevant to the 
        case of one or more unaccounted for persons covered by 
        subsection (a).

    ``(f) Coordination Requirements.--(1) In establishing and carrying 
out the program, the Secretary of Defense shall coordinate with the 
Secretaries of the military departments, the Chairman of the Joint 
Chiefs of Staff, and the commanders of the combatant commands.
    ``(2) In carrying out the program, the Secretary of Defense shall 
establish close coordination with the Department of State, the Central 
Intelligence Agency, and the National Security Council to enhance the 
ability of the Department of Defense POW/MIA accounting community to 
account for persons covered by subsection (a).''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 76 of such title is amended by striking the item relating to 
section 1509 and inserting the following new item:

``1509. Program to resolve preenactment missing person cases.''.

    (c) Conforming Amendment.--Section 1513(1) of such title is amended 
in the matter after subparagraph (B) by striking ``section 1509(b) of 
this title who is required by section 1509(a)(1) of this title'' and 
inserting ``subsection (a) of section 1509 of this title who is required 
by subsection (b) of such section''.
    (d) <<NOTE: 10 USC 1509 note.>> Implementation.--
            (1) Priority.--A priority of the program required by section 
        1509 of title 10, United States Code, as amended by subsection 
        (a), to resolve missing person cases arising before the 
        enactment of chapter 76 of such title by section 569 of the 
        National Defense Authorization Act for Fiscal Year 1996 (Public 
        Law 104-106; 110 Stat. 336) shall be the return of missing 
        persons to United States control alive.
            (2) Accounting for goal.--In implementing the program, the 
        Secretary of Defense, in coordination with the officials 
        specified in subsection (f)(1) of section 1509 of title 10, 
        United States Code, shall provide such funds, personnel, and 
        resources as the Secretary considers appropriate to increase 
        significantly the capability and capacity of the Department of 
        Defense, the Armed Forces, and commanders of the combatant 
        commands to account for missing persons so that, beginning with 
        fiscal year 2015, the POW/MIA accounting community has 
        sufficient

[[Page 123 STAT. 2299]]

        resources to ensure that at least 200 missing persons are 
        accounted for under the program annually.
            (3) Definitions.--In this subsection:
                    (A) The term ``accounted for'' has the meaning given 
                such term in section 1513(3)(B) of title 10, United 
                States Code.
                    (B) The term ``POW/MIA accounting community'' has 
                the meaning given such term in section 1509(b)(2) of 
                such title.
SEC. 542. POLICY AND PROCEDURES ON MEDIA ACCESS AND ATTENDANCE BY 
                        FAMILY MEMBERS AT CEREMONIES FOR THE 
                        DIGNIFIED TRANSFER OF REMAINS OF MEMBERS 
                        OF THE ARMED FORCES WHO DIE OVERSEAS.

    (a) <<NOTE: 10 USC 1482 note.>> Department of Defense Policy and 
Procedures on Media Access at Ceremonies for Dignified Transfer of 
Remains of Members of the Armed Forces Who Die Overseas.--
            (1) Policy required. <<NOTE: Deadline.>> --Not later than 
        April 1, 2010, the Secretary of Defense shall prescribe a policy 
        guaranteeing media access at ceremonies for the dignified 
        transfer of remains of members of the Armed Forces who die while 
        located or serving overseas (in this section referred to as 
        ``military decedents'') when approved by the primary next of kin 
        of such military decedents.
            (2) Procedures.--The policy developed under paragraph (1) 
        shall include procedures to be followed by the military 
        departments in conducting appropriate ceremonies for the 
        dignified transfer of remains of military decedents. The 
        procedures shall be uniform across the military departments 
        except to the extent necessary to reflect the traditional 
        practices or customs of a particular military department.
            (3) Elements.--The policy developed under paragraph (1) 
        shall include, but not be limited to, the following:
                    (A) Provision for access by media representatives to 
                transfers described in paragraph (1) if approved in 
                advance by the primary next of kin of the military 
                decedent or their designee.
                    (B) Procedures for designating with certainty who is 
                authorized to make the decision to approve media access 
                at transfer ceremonies described in that paragraph under 
                reasonable, foreseeable circumstances.
                    (C) Conditions for coverage that media 
                representatives must comply with during such transfer 
                ceremonies, and procedures for ensuring agreement in 
                advance by media representatives with the conditions for 
                coverage prescribed by military authorities.
                    (D) Procedures for the waiver by the primary next of 
                kin or other designees of Departmental polices relating 
                to delays in release of casualty information to the 
                media and general public, when such waiver is required.

    (b) Transportation to Transfer Ceremonies.--
            (1) Provision of transportation required.--Section 411f of 
        title 37, United States Code, is amended--
                    (A) by redesignating subsections (e) and (f) as 
                subsections (f) and (g), respectively; and

[[Page 123 STAT. 2300]]

                    (B) by inserting after subsection (d) the following 
                new subsection (e):

    ``(e) Transportation to Transfer Ceremonies of Members of the Armed 
Forces Who Die Overseas.--(1) The Secretary of the military department 
concerned may provide round trip transportation to ceremonies for the 
transfer of a member of the armed forces who dies while located or 
serving overseas to the following:
            ``(A) The primary next of kin of the member.
            ``(B) Two family members (other than primary next of kin) of 
        the member.
            ``(C) One or more additional family members of the member, 
        at the discretion of the Secretary.

    ``(2)(A) For purposes of this subsection, the primary next of kin of 
a member of the armed forces shall be the eligible relatives of the 
member specified in subparagraphs (A) through (D) of subsection (c)(1).
    ``(B) The Secretaries of the military departments shall prescribe in 
regulations the family members of a member of the armed forces who shall 
constitute family members for purposes of subparagraphs (B) and (C) of 
paragraph (1). The Secretary of Defense shall ensure that such 
regulations are uniform across the military departments.
    ``(3) Transportation shall be provided under this subsection by 
means of Invitational Travel Authorizations.
    ``(4) The Secretary of a military department may, upon the request 
of the primary next of kin covered by paragraph (1)(A) and at the 
discretion of the Secretary, provide for the accompaniment of such next 
of kin in travel under this subsection by a casualty assistance officer 
or family liaison officer of the military department who shall act as an 
escort in such accompaniment.''.
            (2) Conforming and clerical amendments.--
                    (A) Heading amendment.--The heading of such section 
                is amended to read as follows:
``Sec. 411f. Travel and transportation allowances: transportation 
                  for survivors of deceased member to attend 
                  member's burial ceremonies; transportation for 
                  survivors of member dying overseas to attend 
                  transfer ceremonies''.
                    (B) Clerical amendment.--The table of sections at 
                the beginning of chapter 7 of such title is amended by 
                striking the item relating to section 411f and inserting 
                the following new item:

``411f. Travel and transportation allowances: transportation for 
           survivors of deceased member to attend member's burial 
           ceremonies; transportation for survivors of member dying 
           overseas to attend transfer ceremonies.''.

    (c) <<NOTE: 37 USC 411f note.>> Effective Date.--This section and 
the amendments made by this section shall take effect on the date that 
is one year after the date of the enactment of this Act.
SEC. 543. REPORT ON EXPANSION OF AUTHORITY OF A MEMBER TO 
                        DESIGNATE PERSONS TO DIRECT DISPOSITION OF 
                        THE REMAINS OF A DECEASED MEMBER.

    Not later than 180 days after the date of the enactment of this Act, 
the Secretary of Defense shall submit to Congress a

[[Page 123 STAT. 2301]]

report evaluating the potential effects of expanding the list of persons 
under section 1482(c) of title 10, United States Code, who may be 
designated by a member of the Armed Forces as the person authorized to 
direct disposition of the remains of the member if the member is 
deceased to include persons who are not family members of members of the 
Armed Forces.
SEC. 544. SENSE OF CONGRESS ON THE RECOVERY OF THE REMAINS OF 
                        MEMBERS OF THE ARMED FORCES WHO WERE 
                        KILLED DURING WORLD WAR II IN THE BATTLE 
                        OF TARAWA ATOLL.

    Congress--
            (1) reaffirms its support for the recovery and return to the 
        United States of the remains of members of the Armed Forces 
        killed in battle, and for the efforts by the Joint POW-MIA 
        Accounting Command to recover the remains of members of the 
        Armed Forces from all wars;
            (2) recognizes the courage and sacrifice of the members of 
        the Armed Forces who fought on Tarawa Atoll;
            (3) acknowledges the dedicated research and efforts by 
        persons to identify, locate, and advocate for the recovery of 
        remains from Tarawa; and
            (4) encourages the Department of Defense to review this 
        research and, as appropriate, pursue new efforts to conduct 
        field studies, new research, and undertake all feasible efforts 
        to recover, identify, and return remains of members of the Armed 
        Forces from Tarawa.

                   Subtitle F--Decorations and Awards

SEC. 551. AUTHORIZATION AND REQUEST FOR AWARD OF MEDAL OF HONOR TO 
                        ANTHONY T. KAHO'OHANOHANO FOR ACTS OF 
                        VALOR DURING THE KOREAN WAR.

    (a) <<NOTE: President.>> Authorization.--Notwithstanding the time 
limitations specified in section 3744 of title 10, United States Code, 
or any other time limitation with respect to the awarding of certain 
medals to persons who served in the Armed Forces, the President is 
authorized and requested to award the Medal of Honor under section 3741 
of such title to former Private First Class Anthony T. Kaho'ohanohano 
for the acts of valor during the Korean War described in subsection (b).

    (b) Acts of Valor Described.--The acts of valor referred to in 
subsection (a) are the actions of then Private First Class Anthony T. 
Kaho'ohanohano of Company H of the 17th Infantry Regiment of the 7th 
Infantry Division on September 1, 1951, during the Korean War for which 
he was originally awarded the Distinguished-Service Cross.
SEC. 552. AUTHORIZATION AND REQUEST FOR AWARD OF DISTINGUISHED-
                        SERVICE CROSS TO JACK T. STEWART FOR ACTS 
                        OF VALOR DURING THE VIETNAM WAR.

    (a) Authorization.--Notwithstanding the time limitations specified 
in section 3744 of title 10, United States Code, or any other time 
limitation with respect to the awarding of certain medals to persons who 
served in the Armed Forces, the Secretary of the Army is authorized and 
requested to award the Distinguished-Service Cross under section 3742 of 
such title to former Captain

[[Page 123 STAT. 2302]]

Jack T. Stewart of the United States Army for the acts of valor during 
the Vietnam War described in subsection (b).
    (b) Acts of Valor Described.--The acts of valor referred to in 
subsection (a) are the actions of Captain Jack T. Stewart as commander 
of a two-platoon Special Forces Mike Force element in combat with two 
battalions of the North Vietnamese Army on March 24, 1967, during the 
Vietnam War.
SEC. 553. AUTHORIZATION AND REQUEST FOR AWARD OF DISTINGUISHED-
                        SERVICE CROSS TO WILLIAM T. MILES, JR., 
                        FOR ACTS OF VALOR DURING THE KOREAN WAR.

    (a) Authorization.--Notwithstanding the time limitations specified 
in section 3744 of title 10, United States Code, or any other time 
limitation with respect to the awarding of certain medals to persons who 
served in the Armed Forces, the Secretary of the Army is authorized and 
requested to award the Distinguished-Service Cross under section 3742 of 
such title to former Sergeant First Class William T. Miles, Jr., of the 
United States Army for the acts of valor during the Korean War described 
in subsection (b).
    (b) Acts of Valor Described.--The acts of valor referred to in 
subsection (a) are the actions of Sergeant First Class William T. Miles, 
Jr,. as a member of United States Special Forces from June 18, 1951, to 
July 6, 1951, during the Korean War, when he fought a delaying action 
against enemy forces in order to allow other members of his squad to 
escape an ambush.

              Subtitle G--Military Family Readiness Matters

SEC. 561. <<NOTE: 10 USC 1781 note.>> ESTABLISHMENT OF ONLINE 
                        RESOURCES TO PROVIDE INFORMATION ABOUT 
                        BENEFITS AND SERVICES AVAILABLE TO MEMBERS 
                        OF THE ARMED FORCES AND THEIR FAMILIES.

    (a) Internet Outreach Website.--
            (1) Establishment.--The Secretary of Defense shall establish 
        an Internet website or other online resources for the purpose of 
        providing comprehensive information to members of the Armed 
        Forces and their families about the benefits and services 
        described in subsection (b) that are available to members of the 
        Armed Forces and their families.
            (2) Contact information.--The online resources shall provide 
        contact information, both telephone and e-mail, that a member of 
        the Armed Forces or dependent of the member can use to get 
        specific information about benefits and services that may be 
        available for the member or dependent.

    (b) Covered Benefits and Services.--The information provided through 
the online resources established pursuant to subsection (a) shall 
include information regarding the following benefits and services that 
may be available to a member of the Armed Forces and dependents of the 
member:
            (1) Financial compensation, including financial counseling.
            (2) Health care and life insurance programs.
            (3) Death benefits.

[[Page 123 STAT. 2303]]

            (4) Entitlements and survivor benefits for dependents, 
        including offsets in the receipt of such benefits under the 
        Survivor Benefit Plan and in connection with the receipt of 
        dependency and indemnity compensation.
            (5) Educational assistance benefits, including limitations 
        on and the transferability of such assistance.
            (6) Housing assistance benefits, including counseling.
            (7) Relocation planning and preparation.
            (8) Maintaining military records.
            (9) Legal assistance.
            (10) Quality of life programs.
            (11) Family and community programs.
            (12) Employment assistance upon separation or retirement of 
        a member or for the spouse of the member.
            (13) Reserve component service for members completing 
        service in a regular component.
            (14) Disability benefits, including offsets in connection 
        with the receipt of such benefits.
            (15) Benefits and services provided under laws administered 
        by the Secretary of Veterans Affairs.
            (16) Such other benefits and services as the Secretary of 
        Defense considers appropriate.

    (c) Dissemination of Information on Availability on Online 
Resources.--The Secretaries of the military departments shall use public 
service announcements, publications, and such other announcements 
through the general media as the Secretaries consider appropriate to 
inform members of the Armed Forces and their families and the general 
public about the information available through the online resources 
established pursuant to subsection (a).
    (d) Implementation Report.--Not later than one year after the date 
of the enactment of this Act, the Secretary of Defense shall submit to 
the congressional defense committees a report on the quality and scope 
of the online resources established pursuant to subsection (a) to 
provide information about benefits and services for members of the Armed 
Forces and their families.
SEC. 562. ADDITIONAL MEMBERS ON DEPARTMENT OF DEFENSE MILITARY 
                        FAMILY READINESS COUNCIL.

    (a) Reserve Component Representation.--Paragraph (1) of section 
1781a(b) of title 10, United States Code, is amended--
            (1) by redesignating subparagraphs (C) and (D) as 
        subparagraphs (D) and (E), respectively;
            (2) by inserting after subparagraph (B) the following new 
        subparagraph (C):
            ``(C) In addition to the representatives appointed under 
        subparagraph (B)--
                    ``(i) one representative from the Army National 
                Guard or Air National Guard, who shall be appointed by 
                the Secretary of Defense; and
                    ``(ii) one representative from the Army Reserve, 
                Navy Reserve, Marine Corps Reserve, or Air Force 
                Reserve, who shall be appointed by the Secretary of 
                Defense.''; and
            (3) in subparagraph (E), as redesignated by paragraph (1), 
        by striking ``subparagraph (B)'' and inserting ``subparagraphs 
        (B) and (C)''.

[[Page 123 STAT. 2304]]

    (b) Term; Rotation Among Reserve Components.--Paragraph (2) of such 
section is amended--
            (1) by striking ``paragraph (1)(C)'' and inserting 
        ``subparagraphs (C) and (D) of paragraph (1)''; and
            (2) by adding at the end the following new sentences: 
        ``Representation on the Council required by clause (i) of 
        paragraph (1)(C) shall rotate between the Army National Guard 
        and Air National Guard. Representation required by clause (ii) 
        of such paragraph shall rotate among the reserve components 
        specified in such clause.''.
SEC. 563. SUPPORT FOR MILITARY FAMILIES WITH SPECIAL NEEDS.

    (a) Office of Community Support for Military Families With Special 
Needs.--
            (1) In general.--Subchapter I of chapter 88 of title 10, 
        United States Code, is amended by inserting after section 1781b 
        the following new section:
``Sec. 1781c. Office of Community Support for Military Families 
                    With Special Needs

    ``(a) Establishment.--There is in the Office of the Under Secretary 
of Defense for Personnel and Readiness the Office of Community Support 
for Military Families With Special Needs (in this section referred to as 
the `Office').
    ``(b) Purpose.--The purpose of the Office is to enhance and improve 
Department of Defense support around the world for military families 
with special needs (whether medical or educational needs) through the 
development of appropriate policies, enhancement and dissemination of 
appropriate information throughout the Department of Defense, support 
for such families in obtaining referrals for services and in obtaining 
service, and oversight of the activities of the military departments in 
support of such families.
    ``(c) Director.--(1) The head of the Office shall be the Director of 
the Office of Community Support for Military Families With Special 
Needs, who shall be appointed by the Secretary of Defense from among 
civilian employees of the Department of Defense who are members of the 
Senior Executive Service or members of the armed forces in a general or 
flag grade.
    ``(2) The Director shall be subject to the supervision, direction, 
and control of the Under Secretary of Defense for Personnel and 
Readiness in the discharge of the responsibilities of the Office, and 
shall report directly to the Under Secretary regarding the discharge of 
such responsibilities.
    ``(d) Responsibilities.--The Office shall have the responsibilities 
as follows:
            ``(1) To develop and implement a comprehensive policy on 
        support for military families with special needs as required by 
        subsection (e).
            ``(2) To establish and oversee the programs required by 
        subsection (f).
            ``(3) To identify gaps in services available through the 
        Department of Defense for military families with special needs.
            ``(4) To develop plans to address gaps identified under 
        paragraph (3) through appropriate mechanisms, such as enhancing 
        resources and training and ensuring the provision of special 
        assistance to military families with special needs and military 
        parents of individuals with special needs

[[Page 123 STAT. 2305]]

        (including through the provision of training and seminars to 
        members of the armed forces).
            ``(5) To monitor the programs of the military departments 
        for the assignment of members of the armed forces who are 
        members of military families with special needs, and the 
        programs for the support of such military families, and to 
        advise the Secretary of Defense on the adequacy of such programs 
        in conjunction with the preparation of future-years defense 
        programs and other budgeting and planning activities of the 
        Department of Defense.
            ``(6) To monitor the availability and accessibility of 
        programs provided by other Federal, State, local, and non-
        governmental agencies to military families with special needs.
            ``(7) To carry out such other matters with respect to the 
        programs and activities of the Department of Defense regarding 
        military families with special needs as the Under Secretary of 
        Defense for Personnel and Readiness shall specify.

    ``(e) Policy.--(1) The Office shall develop, and update from time to 
time, a uniform policy for the Department of Defense regarding military 
families with special needs. The policy shall apply with respect to 
members of the armed forces without regard to their location, whether 
within or outside the continental United States.
    ``(2) The policy developed under this subsection shall include 
elements regarding the following:
            ``(A) The assignment of members of the armed forces who are 
        members of military families with special needs.
            ``(B) Support for military families with special needs.

    ``(3) In addressing the assignment of members of the armed forces 
under paragraph (2)(A), the policy developed under this subsection 
shall, in a manner consistent with the needs of the armed forces and 
responsive to the career development of members of the armed forces on 
active duty, provide for such members each of the following:
            ``(A) Assignment to locations where care and support for 
        family members with special needs are available.
            ``(B) Stabilization of assignment for a minimum of 4 years.

    ``(4) In addressing support for military families under paragraph 
(2)(B), the policy developed under this subsection shall provide the 
following:
            ``(A) Procedures to identify members of the armed forces who 
        are members of military families with special needs.
            ``(B) Mechanisms to ensure timely and accurate evaluations 
        of members of such families who have special needs.
            ``(C) Procedures to facilitate the enrollment of such 
        members of the armed forces and their families in programs of 
        the military department for the support of military families 
        with special needs.
            ``(D) Procedures to ensure the coordination of Department of 
        Defense health care programs and support programs for military 
        families with special needs, and the coordination of such 
        programs with other Federal, State, local, and non-governmental 
        health care programs and support programs intended to serve such 
        families.
            ``(E) Requirements for resources (including staffing) to 
        ensure the availability through the Department of Defense

[[Page 123 STAT. 2306]]

        of appropriate numbers of case managers to provide 
        individualized support for military families with special needs.
            ``(F) Requirements regarding the development and continuous 
        updating of an individualized services plan (medical and 
        educational) for each military family with special needs.
            ``(G) Requirements for record keeping, reporting, and 
        continuous monitoring of available resources and family needs 
        under individualized services support plans for military 
        families with special needs, including the establishment and 
        maintenance of a central or various regional databases for such 
        purposes.

    ``(f) Programs.--(1) The Office shall establish, maintain, and 
oversee a program to provide information and referral services on 
special needs matters to military families with special needs on a 
continuous basis regardless of the location of the member's assignment. 
The program shall provide for timely access by members of such military 
families to individual case managers and counselors on matters relating 
to special needs.
    ``(2) The Office shall establish, maintain, and oversee a program of 
outreach on special needs matters for military families with special 
needs. The program shall--
            ``(A) assist military families in identifying whether or not 
        they have a member with special needs; and
            ``(B) provide military families with special needs with 
        information on the services, support, and assistance available 
        through the Department of Defense regarding such members with 
        special needs, including information on enrollment in programs 
        of the military departments for such services, support, and 
        assistance.

    ``(3)(A) The Office shall provide support to the Secretary of each 
military department in the establishment and sustainment by such 
Secretary of a program for the support of military families with special 
needs under the jurisdiction of such Secretary. Each program shall be 
consistent with the policy developed by the Office under subsection (e).
    ``(B) Each program under this paragraph shall provide for 
appropriate numbers of case managers for the development and oversight 
of individualized services plans for educational and medical support for 
military families with special needs.
    ``(C) Services under a program under this paragraph may be provided 
by contract or other arrangements with non-Department of Defense 
entities qualified to provide such services.
    ``(g) Resources.--The Secretary of Defense shall assign to the 
Office such resources, including personnel, as the Secretary considers 
necessary for the discharge of the responsibilities of the Office, 
including a sufficient number of members of the armed forces to ensure 
appropriate representation by the military departments in the personnel 
of the Office.
    ``(h) Reports.--(1) Not later than 180 days after the date of the 
enactment of the National Defense Authorization Act for Fiscal Year 
2010, and annually thereafter, the Secretary of Defense shall submit to 
the congressional defense committees a report on the activities of the 
Office.
    ``(2) Each report under this subsection shall include the following:

[[Page 123 STAT. 2307]]

            ``(A) A description of any gaps in services available 
        through the Department of Defense for military families with 
        special needs that were identified under subsection (d)(3).
            ``(B) A description of the actions being taken, or planned, 
        to address such gaps, including any plans developed under 
        subsection (d)(4).
            ``(C) Such recommendations for legislative action as the 
        Secretary considers appropriate to provide for the continuous 
        improvement of support and services for military families with 
        special needs.

    ``(i) Military Family With Special Needs.--For purposes of this 
section, a military family with special needs is any military family 
with one or more members who has a medical or educational special need 
(as defined by the Secretary in regulations for purposes of this 
section), including a condition covered by the Extended Health Care 
Option Program under section 1079f of this title.''.
            (2) Clerical amendment.--The table of sections at the 
        beginning of subchapter I of chapter 88 of such title is amended 
        by inserting after the item relating to section 1781b the 
        following new item:

``1781c. Office of Community Support for Military Families With Special 
           Needs.''.

            (3) Repeal of superseded authority.--Section 587 of the 
        National Defense Authorization Act for Fiscal Year 2008 (Public 
        Law 110-181; 122 Stat. 133; 10 U.S.C. 1781 note) is repealed.

    (b) <<NOTE: 10 USC 1781c note.>> Foundation for Support of Military 
Families With Special Needs.--
            (1) Establishment authorized.--The Secretary of Defense may 
        establish a foundation for the provision of assistance to the 
        Department of Defense in providing support to military families 
        with special needs.
            (2) Purposes.--The purposes of the foundation shall be to 
        assist the Department of Defense as follows:
                    (A) In conducting outreach to identify military 
                families with special needs.
                    (B) In developing programs to support and provide 
                services to military families with special needs.
                    (C) In developing educational curricula for the 
                training of professional and paraprofessional personnel 
                providing support and services on special needs to 
                military families with special needs.
                    (D) In conducting research on the following:
                          (i) The unique factors associated with a 
                      military career (including deployments of members 
                      of the Armed Forces) and their effects on families 
                      and individuals with special needs.
                          (ii) Evidence-based therapeutic and medical 
                      services for members of military families with 
                      special needs, including research in conjunction 
                      with non-Department of Defense entities such as 
                      the National Institutes of Health.
                    (E) In providing vocational education and training 
                for adolescent and adult members of military families 
                with special needs.
                    (F) In carrying out other initiatives to contribute 
                to improved support for military families with special 
                needs.

[[Page 123 STAT. 2308]]

            (3) Department of defense funding.--The Secretary may 
        provide the foundation such financial support as the Secretary 
        considers appropriate, including the provision to the foundation 
        of appropriated funds and non-appropriated funds available to 
        the Department of Defense.
            (4) Annual report.--The foundation shall submit to the 
        Secretary, and to the congressional defense committees, each 
        year a report on its activities under this subsection during the 
        preceding year. Each report shall include, for the year covered 
        by such report, the following:
                    (A) A description of the programs and activities of 
                the foundation.
                    (B) The budget of the foundation, including the 
                sources of any funds provided to the foundation.
            (5) Military family with special needs defined.--In this 
        subsection, the term ``military family with special needs'' has 
        the meaning given such term in section 1781c(i) of title 10, 
        United States Code (as added by subsection (a)).

    (c) Authorization of Appropriations.--In addition to any other 
amounts authorized to be appropriated for the Department of Defense for 
fiscal year 2010 for support of military families with special needs, 
there is hereby authorized to be appropriated to the Department of 
Defense for fiscal year 2010 for military personnel, $50,000,000 for 
purposes of carrying out this section and the amendments made by this 
section. Of such amount, not less than $40,000,000 shall be allocated to 
the military departments for the execution of programs and activities in 
carrying out this section and the amendments made by this section in 
fiscal year 2010.
SEC. 564. <<NOTE: 10 USC 1784 note.>> PILOT PROGRAM TO SECURE 
                        INTERNSHIPS FOR MILITARY SPOUSES WITH 
                        FEDERAL AGENCIES.

    (a) Cost-reimbursement Agreements With Federal Agencies.--The 
Secretary of Defense may enter into an agreement with the head of an 
executive department or agency that has an established internship 
program to reimburse the department or agency for authorized costs 
associated with the first year of employment of an eligible military 
spouse who is selected to participate in the internship program of the 
department or agency.
    (b) Eligible Military Spouses.--
            (1) Eligibility.--Except as provided in paragraph (2), any 
        person who is married to a member of the Armed Forces on active 
        duty is eligible for selection to participate in an internship 
        program under a reimbursement agreement entered into under 
        subsection (a).
            (2) Exclusions.--Reimbursement may not be provided with 
        respect to the following persons:
                    (A) A person who is legally separated from a member 
                of the Armed Forces under court order or statute of any 
                State, the District of Columbia, or possession of the 
                United States when the person begins the internship.
                    (B) A person who is also a member of the Armed 
                Forces on active duty.
                    (C) A person who is a retired member of the Armed 
                Forces.

[[Page 123 STAT. 2309]]

    (c) Funding Source.--Amounts authorized to be appropriated for 
operation and maintenance, for Defense-wide activities, shall be 
available to carry out this section.
    (d) Definitions.--In this section:
            (1) The term ``authorized costs'' includes the costs of the 
        salary, benefits and allowances, and training for an eligible 
        military spouse during the first year of the participation of 
        the military spouse in an internship program pursuant to an 
        agreement under subsection (a).
            (2) The term ``internship'' means a professional, 
        analytical, or administrative position in the Federal Government 
        that operates under a developmental program leading to career 
        advancement.

    (e) Termination of Agreement Authority.--No agreement may be entered 
into under subsection (a) after September 30, 2011. Authorized costs 
incurred after that date may be reimbursed under an agreement entered 
into before that date in the case of eligible military spouses who begin 
their internship by that date.
    (f) Reporting Requirement.--Not later than January 1, 2012, the 
Secretary of Defense shall submit to the congressional defense 
committees a report that provides information on how many eligible 
military spouses received internships pursuant to agreements entered 
into under subsection (a) and the types of internship positions they 
occupied. The report shall specify the number of interns who 
subsequently obtained permanent employment with the department or agency 
administering the internship program or with another department or 
agency. The Secretary shall include a recommendation regarding whether, 
given the investment of Department of Defense funds, the authority to 
enter into agreements should be extended, modified, or terminated.
SEC. 565. FAMILY AND MEDICAL LEAVE FOR FAMILY OF SERVICEMEMBERS.

    (a) General Requirements for Leave.--
            (1) Definition of covered active duty.--
                    (A) Definition.--Section 101 of the Family and 
                Medical Leave Act of 1993 (29 U.S.C. 2611) is amended--
                          (i) by striking paragraph (14) and inserting 
                      the following:
            ``(14) Covered active duty.--The term `covered active duty' 
        means--
                    ``(A) in the case of a member of a regular component 
                of the Armed Forces, duty during the deployment of the 
                member with the Armed Forces to a foreign country; and
                    ``(B) in the case of a member of a reserve component 
                of the Armed Forces, duty during the deployment of the 
                member with the Armed Forces to a foreign country under 
                a call or order to active duty under a provision of law 
                referred to in section 101(a)(13)(B) of title 10, United 
                States Code.''; and
                          (ii) by striking paragraph (15) and 
                      redesignating paragraphs (16) through (19) as 
                      paragraphs (15) through (18), respectively.
                    (B) Leave.--Section 102 of the Family and Medical 
                Leave Act of 1993 (29 U.S.C. 2612) is amended--
                          (i) in subsection (a)(1)(E)--

[[Page 123 STAT. 2310]]

                                    (I) by striking ``active duty'' each 
                                place it appears and inserting ``covered 
                                active duty''; and
                                    (II) by striking ``in support of a 
                                contingency operation''; and
                          (ii) in subsection (e)(3)--
                                    (I) in the paragraph heading, by 
                                striking ``active duty'' and inserting 
                                ``covered active duty'';
                                    (II) by striking ``active duty'' 
                                each place it appears and inserting 
                                ``covered active duty''; and
                                    (III) by striking ``in support of a 
                                contingency operation''.
                    (C) Conforming amendment.--Section 103(f) of the 
                Family and Medical Leave Act of 1993 (29 U.S.C. 2613(f)) 
                is amended, in the subsection heading, by striking 
                ``Active Duty'' each place it appears and inserting 
                ``Covered Active Duty''.
            (2) Definition of covered servicemember.--Paragraph (15) of 
        section 101 of the Family and Medical Leave Act of 1993 (29 
        U.S.C. 2611) (as redesignated by paragraph (1)(A)(ii)) is 
        amended to read as follows:
            ``(15) Covered servicemember.--The term `covered 
        servicemember' means--
                    ``(A) a member of the Armed Forces (including a 
                member of the National Guard or Reserves) who is 
                undergoing medical treatment, recuperation, or therapy, 
                is otherwise in outpatient status, or is otherwise on 
                the temporary disability retired list, for a serious 
                injury or illness; or
                    ``(B) a veteran who is undergoing medical treatment, 
                recuperation, or therapy, for a serious injury or 
                illness and who was a member of the Armed Forces 
                (including a member of the National Guard or Reserves) 
                at any time during the period of 5 years preceding the 
                date on which the veteran undergoes that medical 
                treatment, recuperation, or therapy.''.
            (3) Definitions of serious injury or illness; veteran.--
        Section 101 of the Family and Medical Leave Act of 1993 (29 
        U.S.C. 2611) is further amended by striking paragraph (18) (as 
        redesignated by paragraph (1)(A)(ii)) and inserting the 
        following:
            ``(18) Serious injury or illness.--The term `serious injury 
        or illness'--
                    ``(A) in the case of a member of the Armed Forces 
                (including a member of the National Guard or Reserves), 
                means an injury or illness that was incurred by the 
                member in line of duty on active duty in the Armed 
                Forces (or existed before the beginning of the member's 
                active duty and was aggravated by service in line of 
                duty on active duty in the Armed Forces) and that may 
                render the member medically unfit to perform the duties 
                of the member's office, grade, rank, or rating; and
                    ``(B) in the case of a veteran who was a member of 
                the Armed Forces (including a member of the National 
                Guard or Reserves) at any time during a period described 
                in paragraph (15)(B), means a qualifying (as defined by 
                the Secretary of Labor) injury or illness that was 
                incurred by the member in line of duty on active duty in 
                the Armed

[[Page 123 STAT. 2311]]

                Forces (or existed before the beginning of the member's 
                active duty and was aggravated by service in line of 
                duty on active duty in the Armed Forces) and that 
                manifested itself before or after the member became a 
                veteran.
            ``(19) Veteran.--The term `veteran' has the meaning given 
        the term in section 101 of title 38, United States Code.''.
            (4) Technical amendment.--Section 102(e)(2)(A) of the Family 
        and Medical Leave Act of 1993 (29 U.S.C. 2612(e)(2)(A)) is 
        amended by striking ``or parent'' and inserting ``parent, or 
        covered servicemember''.
            (5) <<NOTE: 29 USC 2611 note.>> Regulations.--In prescribing 
        regulations to carry out the amendments made by this subsection, 
        the Secretary of Labor shall consult with the Secretary of 
        Defense and the Secretary of Veterans Affairs, as applicable.

    (b) Leave for Civil Service Employees.--
            (1) Exigency leave for servicemembers on covered active 
        duty.--
                    (A) Definition.--Section 6381(7) of title 5, United 
                States Code, is amended to read as follows:
            ``(7) the term `covered active duty' means--
                    ``(A) in the case of a member of a regular component 
                of the Armed Forces, duty during the deployment of the 
                member with the Armed Forces to a foreign country; and
                    ``(B) in the case of a member of a reserve component 
                of the Armed Forces, duty during the deployment of the 
                member with the Armed Forces to a foreign country under 
                a call or order to active duty under a provision of law 
                referred to in section 101(a)(13)(B) of title 10, United 
                States Code;''.
                    (B) Leave.--Section 6382 of title 5, United States 
                Code, is amended--
                          (i) in subsection (a)(1), by adding at the end 
                      the following:
            ``(E) Because of any qualifying exigency arising out of the 
        fact that the spouse, or a son, daughter, or parent of the 
        employee is on covered active duty (or has been notified of an 
        impending call or order to covered active duty) in the Armed 
        Forces.'';
                          (ii) in subsection (b)(1), by inserting after 
                      the second sentence the following: ``Subject to 
                      subsection (e)(3) and section 6383(f), leave under 
                      subsection (a)(1)(E) may be taken intermittently 
                      or on a reduced leave schedule.'';
                          (iii) in subsection (d), by striking ``or 
                      (D)'' and inserting ``(D), or (E)''; and
                          (iv) in subsection (e), by adding at the end 
                      the following:

    ``(3) In any case in which the necessity for leave under subsection 
(a)(1)(E) is foreseeable, whether because the spouse, or a son, 
daughter, or parent, of the employee is on covered active duty, or 
because of notification of an impending call or order to covered active 
duty, the employee shall provide such notice to the employer as is 
reasonable and practicable.''.
                    (C) Certification.--Section 6383(f) of title 5, 
                United States Code, is amended by striking ``section 
                6382(a)(3)'' and inserting ``paragraph (1)(E) or (3) of 
                section 6382(a)''.

[[Page 123 STAT. 2312]]

            (2) Definition of covered servicemember.--Paragraph (8) of 
        section 6381 of title 5, United States Code, is amended to read 
        as follows:
            ``(8) the term `covered servicemember' means--
                    ``(A) a member of the Armed Forces (including a 
                member of the National Guard or Reserves) who is 
                undergoing medical treatment, recuperation, or therapy, 
                is otherwise in outpatient status, or is otherwise on 
                the temporary disability retired list, for a serious 
                injury or illness; or
                    ``(B) a veteran who is undergoing medical treatment, 
                recuperation, or therapy, for a serious injury or 
                illness and who was a member of the Armed Forces 
                (including a member of the National Guard or Reserves) 
                at any time during the period of 5 years preceding the 
                date on which the veteran undergoes that medical 
                treatment, recuperation, or therapy;''.
            (3) Definitions of serious injury or illness; veteran.--
        Section 6381 of title 5, United States Code, is further 
        amended--
                    (A) in paragraph (10), by striking ``and'' at the 
                end; and
                    (B) by striking paragraph (11) and inserting the 
                following:
            ``(11) the term `serious injury or illness'--
                    ``(A) in the case of a member of the Armed Forces 
                (including a member of the National Guard or Reserves), 
                means an injury or illness that was incurred by the 
                member in line of duty on active duty in the Armed 
                Forces (or existed before the beginning of the member's 
                active duty and was aggravated by service in line of 
                duty on active duty in the Armed Forces) and that may 
                render the member medically unfit to perform the duties 
                of the member's office, grade, rank, or rating; and
                    ``(B) in the case of a veteran who was a member of 
                the Armed Forces (including a member of the National 
                Guard or Reserves) at any time during a period described 
                in paragraph (8)(B), means an injury or illness that was 
                incurred by the member in line of duty on active duty in 
                the Armed Forces (or existed before the beginning of the 
                member's active duty and was aggravated by service in 
                line of duty on active duty in the Armed Forces) and 
                that manifested itself before or after the member became 
                a veteran; and
            ``(12) the term `veteran' has the meaning given the term in 
        section 101 of title 38, United States Code.''.
            (4) Technical amendment.--Section 6382(e)(2)(A) of title 5, 
        United States Code, is amended by striking ``or parent'' and 
        inserting ``parent, or covered servicemember''.
            (5) <<NOTE: 5 USC 6381 note.>> Regulations.--In prescribing 
        regulations to carry out the amendments made by this subsection, 
        the Office of Personnel Management shall consult with the 
        Secretary of Defense and the Secretary of Veterans Affairs, as 
        applicable.

[[Page 123 STAT. 2313]]

SEC. 566. DEADLINE FOR REPORT ON SEXUAL ASSAULT IN THE ARMED 
                        FORCES BY DEFENSE TASK FORCE ON SEXUAL 
                        ASSAULT IN THE MILITARY SERVICES.

    Section 576(e)(1) of the Ronald W. Reagan National Defense 
Authorization Act for Fiscal Year 2005 (Public Law 108-375; 118 Stat. 
1924; 10 U.S.C. 4331 note) is amended by striking ``one year after the 
initiation of its examination under subsection (b)'' and inserting 
``December 1, 2009''.
SEC. 567. IMPROVED PREVENTION AND RESPONSE TO ALLEGATIONS OF 
                        SEXUAL ASSAULT INVOLVING MEMBERS OF THE 
                        ARMED FORCES.

    (a) Prevention and Response Plan.-- <<NOTE: Deadline.>> Not later 
than 180 days after the date of the enactment of this Act, the Secretary 
of Defense shall submit to the Committees on Armed Services of the 
Senate and the House of Representatives a revised plan for the 
implementation of policies aimed at preventing and responding 
effectively to sexual assaults involving members of the Armed Forces. 
The revised implementation plan shall include, at a minimum, the 
following elements:
            (1) New initiatives aimed at reducing the number of sexual 
        assaults, including timelines for implementation of such 
        initiatives.
            (2) Requirements for monitoring and reporting on progress in 
        implementation of such initiatives and methods to measure the 
        effectiveness of plans that implement the policies of the 
        Department of Defense regarding sexual assaults involving 
        members of the Armed Forces.
            (3) Training programs for judge advocates, criminal 
        investigators, commanders, prospective commanding officers, 
        senior enlisted members, and personnel with less than six months 
        of active-duty service.
            (4) Information about the status of implementation, funding 
        requirements and budgetary implications, and overall utility of 
        data reporting systems on incidents of sexual assault involving 
        members of the Armed Forces.
            (5) Actions taken to implement recommendations of the 
        Defense Task Force on Sexual Assault in the Military Services 
        established pursuant to section 576 of the Ronald W. Reagan 
        National Defense Authorization Act for Fiscal Year 2005 (Public 
        Law 108-375; 10 U.S.C. 4331 note).
            (6) Information about the funding needed to fully implement 
        initiatives aimed at preventing and responding to sexual assault 
        involving members of the Armed Forces.

    (b) Sexual Assault Medical Forensic Examinations.--
            (1) Capability to conduct timely sexual assault medical 
        forensic examinations in combat zones.-- 
        <<NOTE: Deadline. Reports.>> Not later than 180 days after the 
        date of the enactment of this Act, the Secretary of Defense 
        shall submit to the Committees on Armed Services of the Senate 
        and the House of Representatives a report evaluating the 
        protocols and capabilities of the Armed Forces to conduct timely 
        and effective sexual assault medical forensic examinations in 
        combat zones. The report shall include, at a minimum, the 
        following:
                    (A) The current availability of sexual assault 
                medical forensic examination protocols, trained 
                personnel, and requisite equipment in combat zones.

[[Page 123 STAT. 2314]]

                    (B) An assessment of the barriers to providing 
                timely sexual assault medical forensic examinations to 
                victims of sexual assault at all echelons of care in 
                combat zones.
                    (C) Recommendations regarding improved capability to 
                conduct timely and effective sexual assault medical 
                forensic examinations in combat zones.
            (2) Tricare coverage for forensic medical examinations 
        following sexual assaults.-- <<NOTE: Deadline. Reports.>> Not 
        later than 30 days after the date of the enactment of this Act, 
        the Secretary of Defense shall submit to the Committees on Armed 
        Services of the Senate and the House of Representatives a report 
        describing the progress made in implementing section 1079(a)(17) 
        of title 10, United States Code, as added by section 701 of the 
        John Warner National Defense Authorization Act for Fiscal Year 
        2007 (Public Law 109-364; 120 Stat. 2279).

    (c) <<NOTE: 10 USC 113 note.>> Military Protective Orders.--
            (1) Requirement for data collection.--
                    (A) In general.--Pursuant to regulations prescribed 
                by the Secretary of Defense, information shall be 
                collected on--
                          (i) whether a military protective order was 
                      issued that involved either the victim or alleged 
                      perpetrator of a sexual assault; and
                          (ii) whether military protective orders 
                      involving members of the Armed Forces were 
                      violated in the course of substantiated incidents 
                      of sexual assaults against members of the Armed 
                      Forces.
                    (B) Submission of data.--The data required to be 
                collected under this subsection shall be included in the 
                annual report submitted to Congress on sexual assaults 
                involving members of the Armed Forces.
            (2) Information to members.-- 
        <<NOTE: Deadline. Reports.>> Not later than 180 days after the 
        date of the enactment of this Act, the Secretary of Defense 
        shall submit to the Committees on Armed Services of the Senate 
        and the House of Representatives a report explaining the 
        measures being taken to ensure that, when a military protective 
        order has been issued, the member of the Armed Forces who is 
        protected by the order is informed, in a timely manner, of the 
        member's option to request transfer from the command to which 
        the member is assigned.

    (d) Comptroller General Report.--
            (1) Report required.--Not later than one year after the date 
        of the enactment of this Act, the Comptroller General shall 
        submit to the Committees on Armed Services of the Senate and the 
        House of Representatives a report containing a review of the 
        capability of each of the Armed Forces to timely and effectively 
        investigate and adjudicate allegations of sexual assault against 
        members of the Armed Forces. The Comptroller General shall 
        determine whether existing policies and implementation plans of 
        the Department of Defense, and the resources devoted for this 
        purpose, are adequate or negatively affect the ability of each 
        of the Armed Forces to facilitate the prevention, investigation, 
        and adjudication of such allegations under the Uniform Code of 
        Military Justice.
            (2) Elements of report.--The report required by paragraph 
        (1) shall refer to and incorporate the recommendations of the 
        Defense Task Force on Sexual Assault in the Military

[[Page 123 STAT. 2315]]

        Services regarding investigation and adjudication of sexual 
        assault, and include a review of the following:
                    (A) The procedures required by each of the Armed 
                Forces for responding to allegations of sexual assault 
                (including guidance to commanding officers, standard 
                operating and reporting procedures, and related 
                matters), and the personnel (including judge advocates) 
                and budgetary resources available to each of the Armed 
                Forces to respond to allegations of sexual assault.
                    (B) The scope and effectiveness of personnel 
                training methods regarding investigation and 
                adjudication of sexual assault cases.
                    (C) The capability to investigate and adjudicate 
                sexual assault cases in combat zones.
                    (D) An assessment whether the existing policies of 
                the Department of Defense aimed at preventing and 
                responding to incidents of sexual assault are adequate.
SEC. 568. COMPTROLLER GENERAL REPORT ON PROGRESS MADE IN 
                        IMPLEMENTING RECOMMENDATIONS TO REDUCE 
                        DOMESTIC VIOLENCE IN MILITARY FAMILIES.

    (a) Assessment.-- <<NOTE: Review.>> The Comptroller General shall 
review and assess the progress made by the Department of Defense in 
implementing the recommendations contained in the report by the 
Comptroller General entitled ``Military Personnel: Progress Made in 
Implementing Recommendations to reduce Domestic Violence, but Further 
Management Action Needed'' (GAO-06-540).

    (b) Report.--Not later than 180 days after the date of the enactment 
of this Act, the Comptroller General shall submit to the congressional 
defense committees a report containing the results of the review and 
assessment under subsection (a).
SEC. 569. REPORT ON IMPACT OF DOMESTIC VIOLENCE ON MILITARY 
                        FAMILIES.

    Not later than one year after the date of the enactment of this Act, 
the Secretary of Defense shall submit to Congress a report containing--
            (1) an assessment of the impact of domestic violence in 
        families of members of the Armed Forces on the children of such 
        families; and
            (2) information on progress being made to ensure that 
        children of families of members of the Armed Forces receive 
        adequate care and services when such children are exposed to 
        domestic violence.
SEC. 570. REPORT ON INTERNATIONAL INTRAFAMILIAL ABDUCTION OF 
                        CHILDREN OF MEMBERS OF THE ARMED FORCES.

    (a) Report Required.--Not later than 180 days after the date of the 
enactment of this Act, the Secretary of Defense shall, in consultation 
with the Secretary of State and the Secretaries of the military 
departments, submit to the Committees on Armed Services of the Senate 
and the House of Representatives a report on the total number of 
children abducted from and returned to members of the Armed Forces in 
international intrafamilial abductions during the years 2007 through 
2009, as such number was included in the numbers and elements of the 
annual Report on Compliance with the Hague Convention on the Civil 
Aspects of International Child Abduction with respect to such years.

[[Page 123 STAT. 2316]]

    (b) Elements.--The report shall include an assessment of the 
following:
            (1) The current availability of, and the additional need 
        for, assistance (including general information, psychological 
        counseling, financial assistance, leave for travel, and legal 
        services) provided by the military departments to left-behind 
        members of the Armed Forces involved in international 
        intrafamilial child abductions for the purpose of obtaining the 
        return of their abducted children and ensuring the military 
        readiness of such members of the Armed Forces.
            (2) The measures taken by the Department of Defense and the 
        military departments, including any written policy guidelines, 
        to prevent the abduction of children of members of the Armed 
        Forces.
            (3) The means by which members of the Armed Forces are 
        educated on the risks of international intrafamilial child 
        abduction, particularly when they first arrive at a military 
        installation overseas or when the Armed Forces receive notice 
        that a member is considering marriage or divorce overseas.
SEC. 571. ASSESSMENT OF IMPACT OF DEPLOYMENT OF MEMBERS OF THE 
                        ARMED FORCES ON THEIR DEPENDENT CHILDREN.

    (a) Assessment Required.--
            (1) In general.--The Secretary of Defense shall undertake a 
        comprehensive assessment of the impacts of military deployment 
        on the dependent children of deployed members of the Armed 
        Forces.
            (2) Consideration of separate categories of children.--In 
        conducting the assessment under paragraph (1), the Secretary 
        shall separately address each of the following categories of 
        dependent children of deployed members:
                    (A) Preschool-age children.
                    (B) Elementary-school age children.
                    (C) Teenage or adolescent children.
            (3) Consideration of separate categories of members.--In 
        conducting the assessment under paragraph (1), the Secretary 
        shall separately address children of deployed members in the 
        following circumstances:
                    (A) Two-parent families with only one parent in the 
                Armed Forces.
                    (B) Members who are single parents.
                    (C) Parents who are both members and subject to dual 
                deployments.

    (b) Elements.--The assessment undertaken under subsection (a) shall 
specifically address the following:
            (1) The impact that separation due to the deployment of a 
        military parent or parents has on children.
            (2) The impact that multiple deployments of a military 
        parent or parents have on children.
            (3) The impact that the return from deployment of a severely 
        wounded or injured military parent or parents has on children.
            (4) The impact that the death of a military parent or 
        parents in connection with a deployment has on children.
            (5) The impact that deployment of a military parent or 
        parents has on children with preexisting psychological 
        conditions, such as anxiety and depression.

[[Page 123 STAT. 2317]]

            (6) The impact that deployment of a military parent or 
        parents has on risk factors, such as child abuse, child neglect, 
        family violence, substance abuse by children, or parental 
        substance abuse.
            (7) Such other matters as the Secretary considers 
        appropriate.

    (c) Report.--Not later than one year after the date of the enactment 
of this Act, the Secretary shall submit to the Committees on Armed 
Services of the Senate and the House of Representatives a report 
containing the results of the assessment undertaken under subsection 
(a), including the findings and recommendations of the Secretary as a 
result of the assessment.
SEC. 572. REPORT ON CHILD CUSTODY LITIGATION INVOLVING SERVICE OF 
                        MEMBERS OF THE ARMED FORCES.

    (a) Report Required.--Not later than March 31, 2010, the Secretary 
of Defense shall submit to the Committees on Armed Services of the 
Senate and the House of Representatives a report on all known reported 
cases since September 2003 involving child custody disputes in which the 
service of a member of the Armed Forces, whether a member of a regular 
component of the Armed Forces or a member of a reserve component of the 
Armed Forces, was an issue in the custody dispute.
    (b) Elements.--The report required by subsection (a) shall include 
the following:
            (1) A statement of the total number of cases, by Armed 
        Force, in which members of the Armed Forces have lost custody of 
        a child as a result of deployment, or the prospect of 
        deployment, under military orders.
            (2) A summary of applicable Federal law pertaining to child 
        custody disputes involving members of the Armed Forces.
            (3) An analysis of the litigation history of all available 
        reported cases involving child custody disputes in which the 
        deployment of a member of the Armed Forces was an issue in the 
        dispute, and a discussion of the rationale presented by deciding 
        judges and courts of the reasons for their rulings.
            (4) An assessment of the nature and extent of the problem, 
        if any, for members of the Armed Forces who are custodial 
        parents in being able to deploy and perform their operational 
        mission while continuing to fulfill their role as parents with 
        sole or joint custody of minor children.
            (5) A discussion of measures being taken by the States, or 
        which are under consideration by State legislatures, to address 
        matters relating to child custody disputes in which one of the 
        parties is a member of the Armed Forces, and an assessment of 
        whether State legislatures and State courts are cognizant of 
        issues involving members of the Armed Forces with minor 
        children.
            (6) A discussion of Family Care Plan policies aimed at 
        ensuring that appropriate measures are taken by members of the 
        Armed Forces to avoid litigation in child custody disputes.
            (7) Such recommendations as the Secretary considers 
        appropriate regarding how best to assist members of the Armed 
        Forces who are single, custodial parents with respect to child 
        custody disputes in connection with the performance of military 
        duties, including the need for legislative or administrative 
        action to provide such assistance.

[[Page 123 STAT. 2318]]

            (8) Such other recommendations for legislative or 
        administrative action as the Secretary considers appropriate.
SEC. 573. COMPTROLLER GENERAL REPORT ON CHILD CARE ASSISTANCE FOR 
                        MEMBERS OF THE ARMED FORCES.

    (a) In General.--Not later than 18 months after the date of the 
enactment of this Act, the Comptroller General of the United States 
shall submit to the Committees on Armed Services of the Senate and the 
House of Representatives a report on financial assistance for child care 
provided by the Department of Defense to members of the Armed Forces 
(including members of the reserve components of the Armed Forces who are 
deployed in connection with a contingency operation).
    (b) Elements.--The report required by subsection (a) shall include 
an assessment of the following:
            (1) The types of financial assistance for child care made 
        available by the Department of Defense to members of the Armed 
        Forces (including members of the reserve components of the Armed 
        Forces who are deployed in connection with a contingency 
        operation).
            (2) The extent to which such members have taken advantage of 
        such assistance since such assistance was first made available.
            (3) The formulas used for calculating the amount of such 
        assistance provided to such members.
            (4) The funding allocated to such assistance.
            (5) The remaining costs of child care to families of such 
        members that are not covered by the Department of Defense.
            (6) Any barriers to access to such assistance faced by such 
        members and the families of such members.
            (7) The different criteria used by different States with 
        respect to the regulation of child care services and the 
        potential impact differences in such criteria may have on the 
        access of such members to such assistance.
            (8) The different standards and criteria used by different 
        programs of the Department of Defense for providing such 
        assistance with respect to child care providers and the 
        potential impact differences in such standards and criteria may 
        have on the access of such members to such assistance.
            (9) The number of qualified families that do not receive any 
        financial assistance for child care made available by the 
        Department of Defense.
            (10) Any other matters the Comptroller General determines 
        relevant to the improvement of financial assistance to expand 
        access for child care made available by the Department of 
        Defense to members of the Armed Forces (including members of the 
        reserve components of the Armed Forces who are deployed in 
        connection with a contingency operation).

      Subtitle H-- <<NOTE: Military and Overseas Voter Empowerment 
Act.>> Military Voting
SEC. 575. <<NOTE: 42 USC 1971 note.>> SHORT TITLE.

    This subtitle may be cited as the ``Military and Overseas Voter 
Empowerment Act''.

[[Page 123 STAT. 2319]]

SEC. 576. <<NOTE: 42 USC 1973ff-1 note.>> CLARIFICATION REGARDING 
                        DELEGATION OF STATE RESPONSIBILITIES TO 
                        LOCAL JURISDICTIONS.

    Nothing in the Uniformed and Overseas Citizens Absentee Voting Act 
(42 U.S.C. 1973ff et seq.) may be construed to prohibit a State from 
delegating its responsibilities in carrying out the requirements of such 
Act, including any requirements imposed as a result of the provisions of 
and amendments made by this Act, to jurisdictions in the State.
SEC. 577. ESTABLISHMENT OF PROCEDURES FOR ABSENT UNIFORMED 
                        SERVICES VOTERS AND OVERSEAS VOTERS TO 
                        REQUEST AND FOR STATES TO SEND VOTER 
                        REGISTRATION APPLICATIONS AND ABSENTEE 
                        BALLOT APPLICATIONS BY MAIL AND 
                        ELECTRONICALLY.

    (a) In General.--Section 102 of the Uniformed and Overseas Citizens 
Absentee Voting Act (42 U.S.C. 1973ff-1) is amended--
            (1) in subsection (a)--
                    (A) in paragraph (4), by striking ``and'' at the 
                end;
                    (B) in paragraph (5), by striking the period at the 
                end and inserting ``; and''; and
                    (C) by adding at the end the following new 
                paragraph:
            ``(6) in addition to any other method of registering to vote 
        or applying for an absentee ballot in the State, establish 
        procedures--
                    ``(A) for absent uniformed services voters and 
                overseas voters to request by mail and electronically 
                voter registration applications and absentee ballot 
                applications with respect to general, special, primary, 
                and runoff elections for Federal office in accordance 
                with subsection (e);
                    ``(B) for States to send by mail and electronically 
                (in accordance with the preferred method of transmission 
                designated by the absent uniformed services voter or 
                overseas voter under subparagraph (C)) voter 
                registration applications and absentee ballot 
                applications requested under subparagraph (A) in 
                accordance with subsection (e); and
                    ``(C) by which the absent uniformed services voter 
                or overseas voter can designate whether the voter 
                prefers that such voter registration application or 
                absentee ballot application be transmitted by mail or 
                electronically.''; and
            (2) by adding at the end the following new subsection:

    ``(e) Designation of Means of Electronic Communication for Absent 
Uniformed Services Voters and Overseas Voters To Request and for States 
To Send Voter Registration Applications and Absentee Ballot 
Applications, and for Other Purposes Related to Voting Information.--
            ``(1) In general.--Each State shall, in addition to the 
        designation of a single State office under subsection (b), 
        designate not less than 1 means of electronic communication--
                    ``(A) for use by absent uniformed services voters 
                and overseas voters who wish to register to vote or vote 
                in any jurisdiction in the State to request voter 
                registration applications and absentee ballot 
                applications under subsection (a)(6);
                    ``(B) for use by States to send voter registration 
                applications and absentee ballot applications requested 
                under such subsection; and

[[Page 123 STAT. 2320]]

                    ``(C) for the purpose of providing related voting, 
                balloting, and election information to absent uniformed 
                services voters and overseas voters.
            ``(2) Clarification regarding provision of multiple means of 
        electronic communication.--A State may, in addition to the means 
        of electronic communication so designated, provide multiple 
        means of electronic communication to absent uniformed services 
        voters and overseas voters, including a means of electronic 
        communication for the appropriate jurisdiction of the State.
            ``(3) Inclusion of designated means of electronic 
        communication with informational and instructional materials 
        that accompany balloting materials.--Each State shall include a 
        means of electronic communication so designated with all 
        informational and instructional materials that accompany 
        balloting materials sent by the State to absent uniformed 
        services voters and overseas voters.
            ``(4) Availability and maintenance of online repository of 
        state contact information.-- <<NOTE: Public information.>> The 
        Federal Voting Assistance Program of the Department of Defense 
        shall maintain and make available to the public an online 
        repository of State contact information with respect to 
        elections for Federal office, including the single State office 
        designated under subsection (b) and the means of electronic 
        communication designated under paragraph (1), to be used by 
        absent uniformed services voters and overseas voters as a 
        resource to send voter registration applications and absentee 
        ballot applications to the appropriate jurisdiction in the 
        State.
            ``(5) Transmission if no preference indicated.--In the case 
        where an absent uniformed services voter or overseas voter does 
        not designate a preference under subsection (a)(6)(C), the State 
        shall transmit the voter registration application or absentee 
        ballot application by any delivery method allowable in 
        accordance with applicable State law, or if there is no 
        applicable State law, by mail.
            ``(6) Security and privacy protections.--
                    ``(A) Security protections.--To the extent 
                practicable, States shall ensure that the procedures 
                established under subsection (a)(6) protect the security 
                and integrity of the voter registration and absentee 
                ballot application request processes.
                    ``(B) Privacy protections.--To the extent 
                practicable, the procedures established under subsection 
                (a)(6) shall ensure that the privacy of the identity and 
                other personal data of an absent uniformed services 
                voter or overseas voter who requests or is sent a voter 
                registration application or absentee ballot application 
                under such subsection is protected throughout the 
                process of making such request or being sent such 
                application.''.

    (b) Effective Date.-- <<NOTE: 42 USC 1973ff-1 note.>> The amendments 
made by this section shall apply with respect to the regularly scheduled 
general election for Federal office held in November 2010 and each 
succeeding election for Federal office.

[[Page 123 STAT. 2321]]

SEC. 578. ESTABLISHMENT OF PROCEDURES FOR STATES TO TRANSMIT BLANK 
                        ABSENTEE BALLOTS BY MAIL AND 
                        ELECTRONICALLY TO ABSENT UNIFORMED 
                        SERVICES VOTERS AND OVERSEAS VOTERS.

    (a) In General.--Section 102 of the Uniformed and Overseas Citizens 
Absentee Voting Act (42 U.S.C. 1973ff-1), as amended by section 577, is 
amended--
            (1) in subsection (a)--
                    (A) in paragraph (5), by striking ``and'' at the 
                end;
                    (B) in paragraph (6), by striking the period at the 
                end and inserting ``; and''; and
                    (C) by adding at the end the following new 
                paragraph:
            ``(7) in addition to any other method of transmitting blank 
        absentee ballots in the State, establish procedures for 
        transmitting by mail and electronically blank absentee ballots 
        to absent uniformed services voters and overseas voters with 
        respect to general, special, primary, and runoff elections for 
        Federal office in accordance with subsection (f).''; and
            (2) by adding at the end the following new subsection:

    ``(f) Transmission of Blank Absentee Ballots by Mail and 
Electronically.--
            ``(1) In general.--Each State shall establish procedures--
                    ``(A) to transmit blank absentee ballots by mail and 
                electronically (in accordance with the preferred method 
                of transmission designated by the absent uniformed 
                services voter or overseas voter under subparagraph (B)) 
                to absent uniformed services voters and overseas voters 
                for an election for Federal office; and
                    ``(B) by which the absent uniformed services voter 
                or overseas voter can designate whether the voter 
                prefers that such blank absentee ballot be transmitted 
                by mail or electronically.
            ``(2) Transmission if no preference indicated.--In the case 
        where an absent uniformed services voter or overseas voter does 
        not designate a preference under paragraph (1)(B), the State 
        shall transmit the ballot by any delivery method allowable in 
        accordance with applicable State law, or if there is no 
        applicable State law, by mail.
            ``(3) Security and privacy protections.--
                    ``(A) Security protections.--To the extent 
                practicable, States shall ensure that the procedures 
                established under subsection (a)(7) protect the security 
                and integrity of absentee ballots.
                    ``(B) Privacy protections.--To the extent 
                practicable, the procedures established under subsection 
                (a)(7) shall ensure that the privacy of the identity and 
                other personal data of an absent uniformed services 
                voter or overseas voter to whom a blank absentee ballot 
                is transmitted under such subsection is protected 
                throughout the process of such transmission.''.

    (b) Effective Date.-- <<NOTE: 42 USC 1973ff-1 note.>> The amendments 
made by this section shall apply with respect to the regularly scheduled 
general election for Federal office held in November 2010 and each 
succeeding election for Federal office.

[[Page 123 STAT. 2322]]

SEC. 579. ENSURING ABSENT UNIFORMED SERVICES VOTERS AND OVERSEAS 
                        VOTERS HAVE TIME TO VOTE.

    (a) In General.--Section 102 of the Uniformed and Overseas Citizens 
Absentee Voting Act (42 U.S.C. 1973ff-1(a)(1)), as amended by sections 
577 and 578, is amended--
            (1) in subsection (a)--
                    (A) in paragraph (6), by striking ``and'' at the 
                end;
                    (B) in paragraph (7), by striking the period at the 
                end and inserting a semicolon; and
                    (C) by adding at the end the following new 
                paragraph:
            ``(8) transmit a validly requested absentee ballot to an 
        absent uniformed services voter or overseas voter--
                    ``(A) <<NOTE: Deadlines.>> except as provided in 
                subsection (g), in the case in which the request is 
                received at least 45 days before an election for Federal 
                office, not later than 45 days before the election; and
                    ``(B) in the case in which the request is received 
                less than 45 days before an election for Federal 
                office--
                          ``(i) in accordance with State law; and
                          ``(ii) if practicable and as determined 
                      appropriate by the State, in a manner that 
                      expedites the transmission of such absentee 
                      ballot.'';
            (2) by adding at the end the following new subsection:

    ``(g) Hardship Exemption.--
            ``(1) In general.-- <<NOTE: Waiver authority.>> If the chief 
        State election official determines that the State is unable to 
        meet the requirement under subsection (a)(8)(A) with respect to 
        an election for Federal office due to an undue hardship 
        described in paragraph (2)(B), the chief State election official 
        shall request that the Presidential designee grant a waiver to 
        the State of the application of such subsection. Such request 
        shall include--
                    ``(A) a recognition that the purpose of such 
                subsection is to allow absent uniformed services voters 
                and overseas voters enough time to vote in an election 
                for Federal office;
                    ``(B) an explanation of the hardship that indicates 
                why the State is unable to transmit absent uniformed 
                services voters and overseas voters an absentee ballot 
                in accordance with such subsection;
                    ``(C) the number of days prior to the election for 
                Federal office that the State requires absentee ballots 
                be transmitted to absent uniformed services voters and 
                overseas voters; and
                    ``(D) a comprehensive plan to ensure that absent 
                uniformed services voters and overseas voters are able 
                to receive absentee ballots which they have requested 
                and submit marked absentee ballots to the appropriate 
                State election official in time to have that ballot 
                counted in the election for Federal office, which 
                includes--
                          ``(i) the steps the State will undertake to 
                      ensure that absent uniformed services voters and 
                      overseas voters have time to receive, mark, and 
                      submit their ballots in time to have those ballots 
                      counted in the election;
                          ``(ii) why the plan provides absent uniformed 
                      services voters and overseas voters sufficient 
                      time to vote as a substitute for the requirements 
                      under such subsection; and

[[Page 123 STAT. 2323]]

                          ``(iii) the underlying factual information 
                      which explains how the plan provides such 
                      sufficient time to vote as a substitute for such 
                      requirements.
            ``(2) Approval of waiver request.--After consulting with the 
        Attorney General, the Presidential designee shall approve a 
        waiver request under paragraph (1) if the Presidential designee 
        determines each of the following requirements are met:
                    ``(A) The comprehensive plan under subparagraph (D) 
                of such paragraph provides absent uniformed services 
                voters and overseas voters sufficient time to receive 
                absentee ballots they have requested and submit marked 
                absentee ballots to the appropriate State election 
                official in time to have that ballot counted in the 
                election for Federal office.
                    ``(B) One or more of the following issues creates an 
                undue hardship for the State:
                          ``(i) The State's primary election date 
                      prohibits the State from complying with subsection 
                      (a)(8)(A).
                          ``(ii) The State has suffered a delay in 
                      generating ballots due to a legal contest.
                          ``(iii) The State Constitution prohibits the 
                      State from complying with such subsection.
            ``(3) <<NOTE: Deadlines.>> Timing of waiver.--
                    ``(A) In general.--Except as provided under 
                subparagraph (B), a State that requests a waiver under 
                paragraph (1) shall submit to the Presidential designee 
                the written waiver request not later than 90 days before 
                the election for Federal office with respect to which 
                the request is submitted. The Presidential designee 
                shall approve or deny the waiver request not later than 
                65 days before such election.
                    ``(B) Exception.--If a State requests a waiver under 
                paragraph (1) as the result of an undue hardship 
                described in paragraph (2)(B)(ii), the State shall 
                submit to the Presidential designee the written waiver 
                request as soon as practicable. The Presidential 
                designee shall approve or deny the waiver request not 
                later than 5 business days after the date on which the 
                request is received.
            ``(4) Application of waiver.--A waiver approved under 
        paragraph (2) shall only apply with respect to the election for 
        Federal office for which the request was submitted. For each 
        subsequent election for Federal office, the Presidential 
        designee shall only approve a waiver if the State has submitted 
        a request under paragraph (1) with respect to such election.''.

    (b) Runoff Elections.--Section 102(a) of the Uniformed and Overseas 
Citizens Absentee Voting Act (42 U.S.C. 1973ff-1(a)), as amended by 
subsection (a) and sections 577 and 578, is amended--
            (1) in paragraph (7), by striking ``and'' at the end;
            (2) in paragraph (8), by striking the period at the end and 
        inserting ``; and''; and
            (3) by adding at the end the following new paragraph:
            ``(9) if the State declares or otherwise holds a runoff 
        election for Federal office, establish a written plan that 
        provides absentee ballots are made available to absent uniformed 
        services voters and overseas voters in manner that gives them 
        sufficient time to vote in the runoff election.''.

[[Page 123 STAT. 2324]]

    (c) Effective Date.-- <<NOTE: 42 USC 1973ff-1 note.>> The amendments 
made by this section shall apply with respect to the regularly scheduled 
general election for Federal office held in November 2010 and each 
succeeding election for Federal office.
SEC. 580. PROCEDURES FOR COLLECTION AND DELIVERY OF MARKED 
                        ABSENTEE BALLOTS OF ABSENT OVERSEAS 
                        UNIFORMED SERVICES VOTERS.

    (a) In General.--The Uniformed and Overseas Citizens Absentee Voting 
Act (42 U.S.C. 1973ff et seq.) is amended by inserting after section 103 
the following new section:
``SEC. 103A. <<NOTE: 42 USC 1973ff-2a.>> PROCEDURES FOR COLLECTION 
                          AND DELIVERY OF MARKED ABSENTEE BALLOTS 
                          OF ABSENT OVERSEAS UNIFORMED SERVICES 
                          VOTERS.

    ``(a) Establishment of Procedures.--The Presidential designee shall 
establish procedures for collecting marked absentee ballots of absent 
overseas uniformed services voters in regularly scheduled general 
elections for Federal office, including absentee ballots prepared by 
States and the Federal write-in absentee ballot prescribed under section 
103, and for delivering such marked absentee ballots to the appropriate 
election officials.
    ``(b) Delivery to Appropriate Election Officials.--
            ``(1) In general.--Under the procedures established under 
        this section, the Presidential designee shall implement 
        procedures that facilitate the delivery of marked absentee 
        ballots of absent overseas uniformed services voters for 
        regularly scheduled general elections for Federal office to the 
        appropriate election officials, in accordance with this section, 
        not later than the date by which an absentee ballot must be 
        received in order to be counted in the election.
            ``(2) Cooperation and coordination with the united states 
        postal service.--The Presidential designee shall carry out this 
        section in cooperation and coordination with the United States 
        Postal Service, and shall provide expedited mail delivery 
        service for all such marked absentee ballots of absent uniformed 
        services voters that are collected on or before the deadline 
        described in paragraph (3) and then transferred to the United 
        States Postal Service.
            ``(3) Deadline described.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), the deadline described in this 
                paragraph is noon (in the location in which the ballot 
                is collected) on the seventh day preceding the date of 
                the regularly scheduled general election for Federal 
                office.
                    ``(B) Authority to establish alternative deadline 
                for certain locations.--If the Presidential designee 
                determines that the deadline described in subparagraph 
                (A) is not sufficient to ensure timely delivery of the 
                ballot under paragraph (1) with respect to a particular 
                location because of remoteness or other factors, the 
                Presidential designee may establish as an alternative 
                deadline for that location the latest date occurring 
                prior to the deadline described in subparagraph (A) 
                which is sufficient to provide timely delivery of the 
                ballot under paragraph (1).
            ``(4) No postage requirement.--In accordance with section 
        3406 of title 39, United States Code, such marked absentee

[[Page 123 STAT. 2325]]

        ballots and other balloting materials shall be carried free of 
        postage.
            ``(5) Date of mailing.--Such marked absentee ballots shall 
        be postmarked with a record of the date on which the ballot is 
        mailed.

    ``(c) Outreach for Absent Overseas Uniformed Services Voters on 
Procedures.--The Presidential designee shall take appropriate actions to 
inform individuals who are anticipated to be absent overseas uniformed 
services voters in a regularly scheduled general election for Federal 
office to which this section applies of the procedures for the 
collection and delivery of marked absentee ballots established pursuant 
to this section, including the manner in which such voters may utilize 
such procedures for the submittal of marked absentee ballots pursuant to 
this section.
    ``(d) Absent Overseas Uniformed Services Voter Defined.--In this 
section, the term `absent overseas uniformed services voter' means an 
overseas voter described in section 107(5)(A).
    ``(e) Authorization of Appropriations.--There are authorized to be 
appropriated to the Presidential designee such sums as may be necessary 
to carry out this section.''.
    (b) Conforming Amendment.--Section 101(b) of such Act (42 U.S.C. 
1973ff(b)) is amended--
            (1) by striking ``and'' at the end of paragraph (6);
            (2) by striking the period at the end of paragraph (7) and 
        inserting ``; and''; and
            (3) by adding at the end the following new paragraph:
            ``(8) carry out section 103A with respect to the collection 
        and delivery of marked absentee ballots of absent overseas 
        uniformed services voters in elections for Federal office.''.

    (c) State Responsibilities.--Section 102(a) of such Act (42 U.S.C. 
1973ff-1(a)), as amended by sections 577, 578, and 579, is amended--
            (1) in paragraph (8), by striking ``and'' at the end;
            (2) in paragraph (9), by striking the period at the end and 
        inserting ``; and''; and
            (3) by adding the following new paragraph:
            ``(10) carry out section 103A(b)(1) with respect to the 
        processing and acceptance of marked absentee ballots of absent 
        overseas uniformed services voters.''.

    (d) Tracking Marked Ballots.--Section 102 of such Act (42 U.S.C. 
1973ff-1(a)) is amended by adding at the end the following new 
subsection:
    ``(h) Tracking Marked Ballots.--The chief State election official, 
in coordination with local election jurisdictions, shall develop a free 
access system by which an absent uniformed services voter or overseas 
voter may determine whether the absentee ballot of the absent uniformed 
services voter or overseas voter has been received by the appropriate 
State election official.''.
    (e) Protecting Voter Privacy and Secrecy of Absentee Ballots.--
Section 101(b) of the Uniformed and Overseas Citizens Absentee Voting 
Act (42 U.S.C. 1973ff(b)), as amended by subsection (b), is amended--
            (1) by striking ``and'' at the end of paragraph (7);
            (2) by striking the period at the end of paragraph (8) and 
        inserting ``; and''; and
            (3) by adding at the end the following new paragraph:

[[Page 123 STAT. 2326]]

            ``(9) to the greatest extent practicable, take such actions 
        as may be necessary--
                    ``(A) to ensure that absent uniformed services 
                voters who cast absentee ballots at locations or 
                facilities under the jurisdiction of the Presidential 
                designee are able to do so in a private and independent 
                manner; and
                    ``(B) to protect the privacy of the contents of 
                absentee ballots cast by absentee uniformed services 
                voters and overseas voters while such ballots are in the 
                possession or control of the Presidential designee.''.

    (f) Effective Date.-- <<NOTE: 42 USC 1973ff note.>> The amendments 
made by this section shall apply with respect to the regularly scheduled 
general election for Federal office held in November 2010 and each 
succeeding election for Federal office.
SEC. 581. FEDERAL WRITE-IN ABSENTEE BALLOT.

    (a) Use in General, Special, Primary, and Runoff Elections for 
Federal Office.--
            (1) In general.--Section 103 of the Uniformed and Overseas 
        Citizens Absentee Voting Act (42 U.S.C. 1973ff-2) is amended--
                    (A) in subsection (a), by striking ``general 
                elections for Federal office'' and inserting ``general, 
                special, primary, and runoff elections for Federal 
                office'';
                    (B) in subsection (e), in the matter preceding 
                paragraph (1), by striking ``a general election'' and 
                inserting ``a general, special, primary, or runoff 
                election for Federal office''; and
                    (C) in subsection (f), by striking ``the general 
                election'' each place it appears and inserting ``the 
                general, special, primary, or runoff election for 
                Federal office''.
            (2) Effective date.-- <<NOTE: 42 USC 1973ff note.>> The 
        amendments made by this subsection shall take effect on December 
        31, 2010, and apply with respect to elections for Federal office 
        held on or after such date.

    (b) Promotion and Expansion of Use.--Section 103(a) of the Uniformed 
and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff-2) is 
amended--
            (1) by striking ``General.--The Presidential'' and inserting 
        ``General.--
            ``(1) Federal write-in absentee ballot.--The Presidential''; 
        and
            (2) by adding at the end the following new paragraph:
            ``(2) Promotion and expansion of use of federal write-in 
        absentee ballots.--
                    ``(A) In general.-- 
                <<NOTE: Deadline. Procedures.>> Not later than December 
                31, 2011, the Presidential designee shall adopt 
                procedures to promote and expand the use of the Federal 
                write-in absentee ballot as a back-up measure to vote in 
                elections for Federal office.
                    ``(B) Use of technology.--Under such procedures, the 
                Presidential designee shall utilize technology to 
                implement a system under which the absent uniformed 
                services voter or overseas voter may--
                          ``(i) enter the address of the voter or other 
                      information relevant in the appropriate 
                      jurisdiction of the State, and the system will 
                      generate a list of all candidates in the election 
                      for Federal office in that jurisdiction; and

[[Page 123 STAT. 2327]]

                          ``(ii) submit the marked Federal write-in 
                      absentee ballot by printing the ballot (including 
                      complete instructions for submitting the marked 
                      Federal write-in absentee ballot to the 
                      appropriate State election official and the 
                      mailing address of the single State office 
                      designated under section 102(b)).
                    ``(C) Authorization of appropriations.--There are 
                authorized to be appropriated to the Presidential 
                designee such sums as may be necessary to carry out this 
                paragraph.''.
SEC. 582. PROHIBITING REFUSAL TO ACCEPT VOTER REGISTRATION AND 
                        ABSENTEE BALLOT APPLICATIONS, MARKED 
                        ABSENTEE BALLOTS, AND FEDERAL WRITE-IN 
                        ABSENTEE BALLOTS FOR FAILURE TO MEET 
                        CERTAIN REQUIREMENTS.

    (a) Voter Registration and Absentee Ballot Applications.--Section 
102 of the Uniformed and Overseas Citizens Absentee Voting Act (42 
U.S.C. 1973ff-1) is amended by adding at the end the following new 
subsection:
    ``(i) Prohibiting Refusal To Accept Applications for Failure To Meet 
Certain Requirements.--A State shall not refuse to accept and process 
any otherwise valid voter registration application or absentee ballot 
application (including the official post card form prescribed under 
section 101) or marked absentee ballot submitted in any manner by an 
absent uniformed services voter or overseas voter solely on the basis of 
the following:
            ``(1) Notarization requirements.
            ``(2) Restrictions on paper type, including weight and size.
            ``(3) Restrictions on envelope type, including weight and 
        size.''.

    (b) Federal Write-In Absentee Ballot.--Section 103 of such Act (42 
U.S.C. 1973ff-2) is amended--
            (1) by redesignating subsection (f) as subsection (g); and
            (2) by inserting after subsection (e) the following new 
        subsection:

    ``(f) Prohibiting Refusal To Accept Ballot for Failure To Meet 
Certain Requirements.--A State shall not refuse to accept and process 
any otherwise valid Federal write-in absentee ballot submitted in any 
manner by an absent uniformed services voter or overseas voter solely on 
the basis of the following:
            ``(1) Notarization requirements.
            ``(2) Restrictions on paper type, including weight and size.
            ``(3) Restrictions on envelope type, including weight and 
        size.''.

    (c) Effective Date.-- <<NOTE: 42 USC 1973ff-1 note.>> The amendments 
made by this section shall apply with respect to the regularly scheduled 
general election for Federal office held in November 2010 and each 
succeeding election for Federal office.
SEC. 583. FEDERAL VOTING ASSISTANCE PROGRAM IMPROVEMENTS.

    (a) Federal Voting Assistance Program Improvements.--
            (1) In general.--The Uniformed and Overseas Citizens 
        Absentee Voting Act (42 U.S.C. 1973ff et seq.), as amended by 
        section 580(a), is amended by inserting after section 103A the 
        following new section:

[[Page 123 STAT. 2328]]

``SEC. 103B. <<NOTE: 42 USC 1973ff-2b.>> FEDERAL VOTING ASSISTANCE 
                          PROGRAM IMPROVEMENTS.

    ``(a) Duties.--The Presidential designee shall carry out the 
following duties:
            ``(1) Develop online portals of information to inform absent 
        uniformed services voters regarding voter registration 
        procedures and absentee ballot procedures to be used by such 
        voters with respect to elections for Federal office.
            ``(2) Establish a program to notify absent uniformed 
        services voters of voter registration information and resources, 
        the availability of the Federal postcard application, and the 
        availability of the Federal write-in absentee ballot on the 
        military Global Network, and shall use the military Global 
        Network to notify absent uniformed services voters of the 
        foregoing 90, 60, and 30 days prior to each election for Federal 
        office.

    ``(b) Clarification Regarding Other Duties and Obligations.--Nothing 
in this section shall relieve the Presidential designee of their duties 
and obligations under any directives or regulations issued by the 
Department of Defense, including the Department of Defense Directive 
1000.04 (or any successor directive or regulation) that is not 
inconsistent or contradictory to the provisions of this section.
    ``(c) Authorization of Appropriations.--There are authorized to be 
appropriated to the Federal Voting Assistance Program of the Department 
of Defense (or a successor program) such sums as are necessary for 
purposes of carrying out this section.''.
            (2) Conforming amendments.--Section 101 of such Act (42 
        U.S.C. 1973ff), as amended by section 580, is amended--
                    (A) in subparagraph (b)--
                          (i) by striking ``and'' at the end of 
                      paragraph (8);
                          (ii) by striking the period at the end of 
                      paragraph (9) and inserting ``; and''; and
                          (iii) by adding at the end the following new 
                      paragraph:
            ``(10) carry out section 103B with respect to Federal Voting 
        Assistance Program Improvements.''; and
                    (B) by adding at the end the following new 
                subsection:

    ``(d) Authorization of Appropriations for Carrying Out Federal 
Voting Assistance Program Improvements.--There are authorized to be 
appropriated to the Presidential designee such sums as are necessary for 
purposes of carrying out subsection (b)(10).''.
            (3) Effective date.-- <<NOTE: 42 USC 1973ff note.>> The 
        amendments made by this subsection shall apply with respect to 
        the regularly scheduled general election for Federal office held 
        in November 2010 and each succeeding election for Federal 
        office.

    (b) Voter Registration Assistance for Absent Uniformed Services 
Voters.--
            (1) In general.--Chapter 80 of title 10, United States Code, 
        is amended by inserting after section 1566 the following new 
        section:
``Sec. 1566a. Voting assistance: voter assistance offices

    ``(a) Designation of Offices on Military Installations as Voter 
Assistance Offices.-- <<NOTE: Deadline.>> Not later than 180 days after 
the date of the enactment of the National Defense Authorization Act for 
Fiscal Year 2010 and under regulations prescribed by the Secretary of 
Defense under subsection (f), the Secretaries of the military

[[Page 123 STAT. 2329]]

departments shall designate offices on installations under their 
jurisdiction to provide absent uniformed services voters, particularly 
those individuals described in subsection (b), and their family members 
with the following:
            ``(1) Information on voter registration procedures and 
        absentee ballot procedures (including the official post card 
        form prescribed under section 101 of the Uniformed and Overseas 
        Citizens Absentee Voting Act (42 U.S.C. 1973ff).
            ``(2) Information and assistance, if requested, including 
        access to the Internet where practicable, to register to vote in 
        an election for Federal office.
            ``(3) Information and assistance, if requested, including 
        access to the Internet where practicable, to update the 
        individual's voter registration information, including 
        instructions for absent uniformed services voters to change 
        their address by submitting the official post card form 
        prescribed under section 101 of the Uniformed and Overseas 
        Citizens Absentee Voting Act to the appropriate State election 
        official.
            ``(4) Information and assistance, if requested, to request 
        an absentee ballot under the Uniformed and Overseas Citizens 
        Absentee Voting Act (42 U.S.C. 1973ff et seq.).

    ``(b) Covered Individuals.--The individuals described in this 
subsection are absent uniformed services voters who--
            ``(1) are undergoing a permanent change of duty station;
            ``(2) are deploying overseas for at least six months;
            ``(3) are returning from an overseas deployment of at least 
        six months; or
            ``(4) otherwise request assistance related to voter 
        registration.

    ``(c) Timing of Provision of Assistance.--The regulations prescribed 
by the Secretary of Defense under subsection (f) shall ensure, to the 
maximum extent practicable and consistent with military necessity, that 
the assistance provided under subsection (a) is provided to a covered 
individual described in subsection (b)--
            ``(1) if described in subsection (b)(1), as part of the 
        administrative in-processing of the covered individual upon 
        arrival at the new duty station of the covered individual;
            ``(2) if described in subsection (b)(2), as part of the 
        administrative out-processing of the covered individual in 
        preparation for deployment from the home duty station of the 
        covered individual;
            ``(3) if described in subsection (b)(3), as part of the 
        administrative in-processing of the covered individual upon 
        return to the home duty station of the covered individual; or
            ``(4) if described in subsection (b)(4), at the time the 
        covered individual requests such assistance.

    ``(d) Outreach.--The Secretary of each military department, or the 
Presidential designee, shall take appropriate actions to inform absent 
uniformed services voters of the assistance available under subsection 
(a), including--
            ``(1) the availability of information and voter registration 
        assistance at offices designated under subsection (a); and
            ``(2) the time, location, and manner in which an absent 
        uniformed services voter may utilize such assistance.

    ``(e) Authority To Designate Voting Assistance Offices as Voter 
Registration Agency on Military Installations.--The Secretary of Defense 
may authorize the Secretaries of the

[[Page 123 STAT. 2330]]

military departments to designate offices on military installations as 
voter registration agencies under section 7(a)(2) of the National Voter 
Registration Act of 1993 (42 U.S.C. 1973gg-5(a)(2)) for all purposes of 
such Act. Any office so designated shall discharge the requirements of 
this section, under the regulations prescribed by the Secretary of 
Defense under subsection (f).
    ``(f) Regulations.--The Secretary of Defense shall prescribe 
regulations relating to the administration of the requirements of this 
section. The regulations shall be prescribed before the regularly 
scheduled general election for Federal office held in November 2010, and 
shall be implemented for such general election for Federal office and 
for each succeeding election for Federal office.
    ``(g) Definitions.--In this section:
            ``(1) The term `absent uniformed services voter' has the 
        meaning given that term in section 107(1) of the Uniformed and 
        Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff-6(1)).
            ``(2) The term `Federal office' has the meaning given that 
        term in section 107(3) of the Uniformed and Overseas Citizens 
        Absentee Voting Act (42 U.S.C. 1973ff-6(3)).
            ``(3) The term `Presidential designee' means the official 
        designated by the President under section 101(a) of the 
        Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 
        1973ff(a)).''.
            (2) Clerical amendment.--The table of sections at the 
        beginning of chapter 80 of such title is amended by inserting 
        after the item relating to section 1566 the following new item:

``1566a. Voting assistance: voter assistance offices.''.

SEC. 584. DEVELOPMENT OF STANDARDS FOR REPORTING AND STORING 
                        CERTAIN DATA.

    (a) In General.--Section 101(b) of such Act (42 U.S.C. 1973ff(b)), 
as amended by sections 580 and 583, is amended--
            (1) by striking ``and'' at the end of paragraph (9);
            (2) by striking the period at the end of paragraph (10) and 
        inserting ``; and''; and
            (3) by adding at the end the following new paragraph:
            ``(11) working with the Election Assistance Commission and 
        the chief State election official of each State, develop 
        standards--
                    ``(A) for States to report data on the number of 
                absentee ballots transmitted and received under section 
                102(c) and such other data as the Presidential designee 
                determines appropriate; and
                    ``(B) for the Presidential designee to store the 
                data reported.''.

    (b) Conforming Amendment.--Section 102(a) of such Act (42 U.S.C. 
1973ff-1(a)), as amended by sections 577, 578, 579, and 580, is 
amended--
            (1) in paragraph (9), by striking ``and'' at the end;
            (2) in paragraph (10), by striking the period at the end and 
        inserting ``; and''; and
            (3) by adding at the end the following new paragraph:
            ``(11) report data on the number of absentee ballots 
        transmitted and received under section 102(c) and such other 
        data

[[Page 123 STAT. 2331]]

        as the Presidential designee determines appropriate in 
        accordance with the standards developed by the Presidential 
        designee under section 101(b)(11).''.

    (c) Effective Date.-- <<NOTE: 42 USC 1973ff note.>> The amendments 
made by this section shall apply with respect to the regularly scheduled 
general election for Federal office held in November 2010 and each 
succeeding election for Federal office.
SEC. 585. REPEAL OF PROVISIONS RELATING TO USE OF SINGLE 
                        APPLICATION FOR ALL SUBSEQUENT ELECTIONS.

    (a) In General.--Subsections (a) through (d) of section 104 of the 
Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff-3) 
are repealed.
    (b) Conforming Amendments.--The Uniformed and Overseas Citizens 
Absentee Voting Act (42 U.S.C. 1973ff et seq.) is amended--
            (1) in section 101(b)-- <<NOTE: 42 USC 1973ff.>> 
                    (A) in paragraph (2), by striking ``, for use by 
                States in accordance with section 104''; and
                    (B) in paragraph (4), by striking ``for use by 
                States in accordance with section 104''; and
            (2) in section 104, as amended by subsection (a)--
                    (A) in the section heading, by striking ``use of 
                single application for all subsequent elections'' and 
                inserting ``prohibition of refusal of applications on 
                grounds of early submission''; and
                    (B) in subsection (e), by striking ``(e) Prohibition 
                of Refusal of Applications on Grounds of Early 
                Submission.--''.
SEC. 586. REPORTING REQUIREMENTS.

    The Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 
1973ff et seq.) is amended by inserting after section 105 the following 
new section:
``SEC. 105A. <<NOTE: 42 USC 1973ff-4a.>> REPORTING REQUIREMENTS.

    ``(a) Report on Status of Implementation and Assessment of 
Programs.--Not later than 180 days after the date of the enactment of 
the Military and Overseas Voter Empowerment Act, the Presidential 
designee shall submit to the relevant committees of Congress a report 
containing the following information:
            ``(1) The status of the implementation of the procedures 
        established for the collection and delivery of marked absentee 
        ballots of absent overseas uniformed services voters under 
        section 103A, and a detailed description of the specific steps 
        taken towards such implementation for the regularly scheduled 
        general election for Federal office held in November 2010.
            ``(2) An assessment of the effectiveness of the Voting 
        Assistance Officer Program of the Department of Defense, which 
        shall include the following:
                    ``(A) A thorough and complete assessment of whether 
                the Program, as configured and implemented as of such 
                date of enactment, is effectively assisting absent 
                uniformed services voters in exercising their right to 
                vote.
                    ``(B) An inventory and explanation of any areas of 
                voter assistance in which the Program has failed to 
                accomplish its stated objectives and effectively assist 
                absent uniformed services voters in exercising their 
                right to vote.

[[Page 123 STAT. 2332]]

                    ``(C) As necessary, a detailed plan for the 
                implementation of any new program to replace or 
                supplement voter assistance activities required to be 
                performed under this Act.
            ``(3) A detailed description of the specific steps taken 
        towards the implementation of voter registration assistance for 
        absent uniformed services voters under section 1566a of title 
        10, United States Code.

    ``(b) Annual Report on Effectiveness of Activities and Utilization 
of Certain Procedures.--Not later than March 31 of each year, the 
Presidential designee shall transmit to the President and to the 
relevant committees of Congress a report containing the following 
information:
            ``(1) An assessment of the effectiveness of activities 
        carried out under section 103B, including the activities and 
        actions of the Federal Voting Assistance Program of the 
        Department of Defense, a separate assessment of voter 
        registration and participation by absent uniformed services 
        voters, a separate assessment of voter registration and 
        participation by overseas voters who are not members of the 
        uniformed services, and a description of the cooperation between 
        States and the Federal Government in carrying out such section.
            ``(2) A description of the utilization of voter registration 
        assistance under section 1566a of title 10, United States Code, 
        which shall include the following:
                    ``(A) A description of the specific programs 
                implemented by each military department of the Armed 
                Forces pursuant to such section.
                    ``(B) The number of absent uniformed services voters 
                who utilized voter registration assistance provided 
                under such section.
            ``(3) In the case of a report submitted under this 
        subsection in the year following a year in which a regularly 
        scheduled general election for Federal office is held, a 
        description of the utilization of the procedures for the 
        collection and delivery of marked absentee ballots established 
        pursuant to section 103A, which shall include the number of 
        marked absentee ballots collected and delivered under such 
        procedures and the number of such ballots which were not 
        delivered by the time of the closing of the polls on the date of 
        the election (and the reasons such ballots were not so 
        delivered).

    ``(c) Definitions.--In this section:
            ``(1) Absent overseas uniformed services voter.--The term 
        `absent overseas uniformed services voter' has the meaning given 
        such term in section 103A(d).
            ``(2) Presidential designee.--The term `Presidential 
        designee' means the Presidential designee under section 101(a).
            ``(3) Relevant committees of congress defined.--The term 
        `relevant committees of Congress' means--
                    ``(A) the Committees on Appropriations, Armed 
                Services, and Rules and Administration of the Senate; 
                and
                    ``(B) the Committees on Appropriations, Armed 
                Services, and House Administration of the House of 
                Representatives.''.

[[Page 123 STAT. 2333]]

SEC. 587. ANNUAL REPORT ON ENFORCEMENT.

    Section 105 of the Uniformed and Overseas Citizens Absentee Voting 
Act (42 U.S.C. 1973f-4) <<NOTE: 42 USC 1973ff-4.>> is amended--
            (1) by striking ``The Attorney'' and inserting ``(a) In 
        General.--The Attorney''; and
            (2) by adding at the end the following new subsection:

    ``(b) Report to Congress.--Not later than December 31 of each year, 
the Attorney General shall submit to Congress an annual report on any 
civil action brought under subsection (a) during the preceding year.''.
SEC. 588. REQUIREMENTS PAYMENTS.

    (a) Use of Funds.--Section 251(b) of the Help America Vote Act of 
2002 (42 U.S.C. 15401(b)) is amended--
            (1) in paragraph (1), by striking ``paragraph (2)'' and 
        inserting ``paragraphs (2) and (3)''; and
            (2) by adding at the end the following new paragraph:
            ``(3) Activities under uniformed and overseas citizens 
        absentee voting act.--A State shall use a requirements payment 
        made using funds appropriated pursuant to the authorization 
        under section 257(a)(4) only to meet the requirements under the 
        Uniformed and Overseas Citizens Absentee Voting Act imposed as a 
        result of the provisions of and amendments made by the Military 
        and Overseas Voter Empowerment Act.''.

    (b) Conditions for Receipt of Funds.--
            (1) Inclusion of compliance in state plan.--
                    (A) In general.--Section 254(a) of the Help America 
                Vote Act of 2002 (42 U.S.C. 15404(a)) is amended by 
                adding at the end the following new paragraph:
            ``(14) How the State will comply with the provisions and 
        requirements of and amendments made by the Military and Overseas 
        Voter Empowerment Act.''.
                    (B) Conforming amendment.--Section 253(b)(1)(A) of 
                such Act (42 U.S.C. 15403(b)(1)(A)) is amended by 
                striking ``section 254'' and inserting ``section 254(a) 
                (or, for purposes of determining the eligibility of a 
                State to receive a requirements payment appropriated 
                pursuant to the authorization provided under section 
                257(a)(4), contains the element described in paragraph 
                (14) of such section)''.
            (2) Waiver of plan for application of administrative 
        complaint procedures.--Section 253(b)(2) of such Act (42 U.S.C. 
        15403(b)(2)) is amended--
                    (A) by striking ``(2) The State'' and inserting 
                ``(2)(A) Subject to subparagraph (B), the State''; and
                    (B) by adding at the end the following new 
                subparagraph:
            ``(B) Subparagraph (A) shall not apply for purposes of 
        determining the eligibility of a State to receive a requirements 
        payment appropriated pursuant to the authorization provided 
        under section 257(a)(4).''.
            (3) Special rule for provision of 5 percent match.--Section 
        253(b)(5) of such Act (42 U.S.C. 15403(b)(5)) is amended--
                    (A) by striking ``(5) The State'' and inserting 
                ``(5)(A) Subject to subparagraph (B), the State''; and
                    (B) by adding at the end the following new 
                subparagraph:

[[Page 123 STAT. 2334]]

            ``(B) Subparagraph (A) shall not apply for purposes of 
        determining the eligibility of a State to receive a requirements 
        payment appropriated pursuant to the authorization provided 
        under section 257(a)(4) for fiscal year 2010, except that if the 
        State does not appropriate funds in accordance with subparagraph 
        (A) prior to the last day of fiscal year 2011, the State shall 
        repay to the Commission the requirements payment which is 
        appropriated pursuant to such authorization.''.

    (c) Authorization.--Section 257(a) of the Help America Vote Act of 
2002 (42 U.S.C. 15407(a)) is amended by adding at the end the following 
new paragraph:
            ``(4) For fiscal year 2010 and subsequent fiscal years, such 
        sums as are necessary for purposes of making requirements 
        payments to States to carry out the activities described in 
        section 251(b)(3).''.
SEC. 589. <<NOTE: 42 USC 1973ff-7.>> TECHNOLOGY PILOT PROGRAM.

    (a) Definitions.--In this section:
            (1) Absent uniformed services voter.--The term ``absent 
        uniformed services voter'' has the meaning given such term in 
        section 107(a) of the Uniformed and Overseas Citizens Absentee 
        Voting Act (42 U.S.C. 1973ff et seq.).
            (2) Overseas voter.--The term ``overseas voter'' has the 
        meaning given such term in section 107(5) of such Act.
            (3) Presidential designee.--The term ``Presidential 
        designee'' means the individual designated under section 101(a) 
        of such Act.

    (b) Establishment.--
            (1) In general.--The Presidential designee may establish 1 
        or more pilot programs under which the feasibility of new 
        election technology is tested for the benefit of absent 
        uniformed services voters and overseas voters claiming rights 
        under the Uniformed and Overseas Citizens Absentee Voting Act 
        (42 U.S.C. 1973ff et seq.).
            (2) Design and conduct.--The design and conduct of a pilot 
        program established under this subsection--
                    (A) shall be at the discretion of the Presidential 
                designee; and
                    (B) shall not conflict with or substitute for 
                existing laws, regulations, or procedures with respect 
                to the participation of absent uniformed services voters 
                and military voters in elections for Federal office.

    (c) Considerations.--In conducting a pilot program established under 
subsection (b), the Presidential designee may consider the following 
issues:
            (1) The transmission of electronic voting material across 
        military networks.
            (2) Virtual private networks, cryptographic voting systems, 
        centrally controlled voting stations, and other information 
        security techniques.
            (3) The transmission of ballot representations and scanned 
        pictures in a secure manner.
            (4) Capturing, retaining, and comparing electronic and 
        physical ballot representations.
            (5) Utilization of voting stations at military bases.
            (6) Document delivery and upload systems.

[[Page 123 STAT. 2335]]

            (7) The functional effectiveness of the application or 
        adoption of the pilot program to operational environments, 
        taking into account environmental and logistical obstacles and 
        State procedures.

    (d) Reports.--The Presidential designee shall submit to Congress 
reports on the progress and outcomes of any pilot program conducted 
under this subsection, together with recommendations--
            (1) for the conduct of additional pilot programs under this 
        section; and
            (2) for such legislation and administrative action as the 
        Presidential designee determines appropriate.

    (e) Technical Assistance.--
            (1) In general.--The Election Assistance Commission and the 
        National Institute of Standards and Technology shall provide the 
        Presidential designee with best practices or standards in 
        accordance with electronic absentee voting guidelines 
        established under the first sentence of section 1604(a)(2) of 
        the National Defense Authorization Act for Fiscal Year 2002 
        (Public Law 107-107; 115 Stat. 1277; 42 U.S.C. 1977ff note), as 
        amended by section 567 of the Ronald W. Reagan National Defense 
        Authorization Act for Fiscal Year 2005 (Public Law 108-375; 118 
        Stat. 1919) to support the pilot program or programs.
            (2) Report.--In the case in which the Election Assistance 
        Commission has not established electronic absentee voting 
        guidelines under such section 1604(a)(2), as so amended, by not 
        later than 180 days after enactment of this Act, the Election 
        Assistance Commission shall submit to the relevant committees of 
        Congress a report containing the following information:
                    (A) The reasons such guidelines have not been 
                established as of such date.
                    (B) A detailed timeline for the establishment of 
                such guidelines.
                    (C) A detailed explanation of the Commission's 
                actions in establishing such guidelines since the date 
                of enactment of the Ronald W. Reagan National Defense 
                Authorization Act for Fiscal Year 2005 (Public Law 108-
                375; 118 Stat. 1919).
            (3) Relevant committees of congress defined.--In this 
        subsection, the term ``relevant committees of Congress'' means--
                    (A) the Committees on Appropriations, Armed 
                Services, and Rules and Administration of the Senate; 
                and
                    (B) the Committees on Appropriations, Armed 
                Services, and House Administration of the House of 
                Representatives.

    (f) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as are necessary to carry out this section.

                        Subtitle I--Other Matters

SEC. 591. CLARIFICATION OF PERFORMANCE POLICIES FOR MILITARY 
                        MUSICAL UNITS AND MUSICIANS.

    (a) Clarification.--Section 974 of title 10, United States Code, is 
amended to read as follows:

[[Page 123 STAT. 2336]]

``Sec. 974. Military musical units and musicians: performance 
                policies; restriction on performance in 
                competition with local civilian musicians

    ``(a) Military Musicians Performing in an Official Capacity.--(1) A 
military musical unit, and a member of the armed forces who is a member 
of such a unit performing in an official capacity, may not engage in the 
performance of music in competition with local civilian musicians.
    ``(2) For purposes of paragraph (1), the following shall, except as 
provided in paragraph (3), be included among the performances that are 
considered to be a performance of music in competition with local 
civilian musicians:
            ``(A) A performance that is more than incidental to an event 
        that--
                    ``(i) is not supported, in whole or in part, by 
                United States Government funds; and
                    ``(ii) is not free to the public.
            ``(B) A performance of background, dinner, dance, or other 
        social music at an event that--
                    ``(i) is not supported, in whole or in part, by 
                United States Government funds; and
                    ``(ii) is held at a location not on a military 
                installation.

    ``(3) For purposes of paragraph (1), the following shall not be 
considered to be a performance of music in competition with local 
civilian musicians:
            ``(A) A performance (including background, dinner, dance, or 
        other social music) at an official United States Government 
        event that is supported, in whole or in part, by United States 
        Government funds.
            ``(B) A performance at a concert, parade, or other event, 
        that--
                    ``(i) is a patriotic event or a celebration of a 
                national holiday; and
                    ``(ii) is free to the public.
            ``(C) A performance that is incidental to an event that--
                    ``(i) is not supported, in whole or in part, by 
                United States Government funds; or
                    ``(ii) is not free to the public.
            ``(D) A performance (including background, dinner, dance, or 
        other social music) at--
                    ``(i) an event that is sponsored by a military 
                welfare society, as defined in section 2566 of this 
                title;
                    ``(ii) an event that is a traditional military event 
                intended to foster the morale and welfare of members of 
                the armed forces and their families; or
                    ``(iii) an event that is specifically for the 
                benefit or recognition of members of the armed forces, 
                their family members, veterans, civilian employees of 
                the Department of Defense, or former civilian employees 
                of the Department of Defense, to the extent provided in 
                regulations prescribed by the Secretary of Defense.
            ``(E) A performance (including background, dinner, dance, or 
        other social music)--
                    ``(i) to uphold the standing and prestige of the 
                United States with dignitaries and distinguished or 
                prominent persons or groups of the United States or 
                another nation; or

[[Page 123 STAT. 2337]]

                    ``(ii) in support of fostering and sustaining a 
                cooperative relationship with another nation.

    ``(b) Prohibition of Military Musicians Accepting Additional 
Remuneration for Official Performances.--A military musical unit, and a 
member of the armed forces who is a member of such a unit performing in 
an official capacity, may not receive remuneration for an official 
performance, other than applicable military pay and allowances.
    ``(c) Recordings.--(1) When authorized under regulations prescribed 
by the Secretary of Defense for purposes of this section, a military 
musical unit may produce recordings for distribution to the public, at a 
cost not to exceed expenses of production and distribution.
    ``(2) Amounts received in payment for a recording distributed to the 
public under this subsection shall be credited to the appropriation or 
account providing the funds for the production of the recording. Any 
amount so credited shall be merged with amounts in the appropriation or 
account to which credited, and shall be available for the same purposes, 
and subject to the same conditions and limitations, as amounts in such 
appropriation or account.
    ``(d) Performances at Foreign Locations.--Subsection (a) does not 
apply to a performance outside the United States, its commonwealths, or 
its possessions.
    ``(e) Military Musical Unit Defined.--In this section, the term 
`military musical unit' means a band, ensemble, chorus, or similar 
musical unit of the armed forces.''.
    (b) Clerical Amendment.--The item relating to such section in the 
table of sections at the beginning of chapter 49 of such title is 
amended to read as follows:

``974. Military musical units and musicians: performance policies; 
           restriction on performance in competition with local civilian 
           musicians.''.

SEC. 592. NAVY GRANTS FOR PURPOSES OF NAVAL SEA CADET CORPS.

    (a) Grants Authorized.--Chapter 647 of title 10, United States Code, 
is amended by inserting after section 7541a the following new section:
``Sec. 7541b. Authority to make grants for purposes of Naval Sea 
                    Cadet Corps

    ``Subject to the availability of funds for this purpose, the 
Secretary of the Navy may make grants to support the purposes of Naval 
Sea Cadet Corps, a federally chartered corporation under chapter 1541 of 
title 36.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 647 of such title is amended by inserting after the item 
relating to section 7541a the following new item:

``7541b. Authority to make grants for purposes of Naval Sea Cadet 
           Corps.''.

SEC. 593. MODIFICATION OF MATCHING FUND REQUIREMENTS UNDER 
                        NATIONAL GUARD YOUTH CHALLENGE PROGRAM.

    (a) Authority to Increase DOD Share of Program.--Section 509(d)(1) 
of title 32, United States Code, is amended by striking ``60 percent of 
the costs'' and inserting ``75 percent of the costs''.
    (b) Effective Date.-- <<NOTE: 32 USC 509 note.>> The amendment made 
by subsection (a) shall take effect on October 1, 2009, and shall apply 
with respect to fiscal years beginning on or after that date.

[[Page 123 STAT. 2338]]

SEC. 594. EXPANSION OF MILITARY LEADERSHIP DIVERSITY COMMISSION TO 
                        INCLUDE RESERVE COMPONENT REPRESENTATIVES.

    Section 596(b)(1) of the Duncan Hunter National Defense 
Authorization Act for Fiscal Year 2009 (Public Law 110-417; 122 Stat. 
4476) is amended by striking subparagraphs (C), (D), (E) and inserting 
the following new subparagraphs:
                    ``(C) An active commissioned officer from each of 
                the Army, Navy, Air Force, and Marine Corps, an active 
                commissioned officer from the National Guard, and an 
                active commissioned officer from the Reserves, each of 
                whom serves or has served in a leadership position with 
                either a military department command or combatant 
                command.
                    ``(D) A retired general or flag officer from each of 
                the Army, Navy, Air Force, and Marine Corps, a retired 
                general or flag officer from the National Guard, and a 
                retired general or flag officer from the Reserves.
                    ``(E) A retired noncommissioned officer from each of 
                the Army, Navy, Air Force, and Marine Corps, a retired 
                noncommissioned officer from the National Guard, and a 
                retired noncommissioned officer from the Reserves.''.
SEC. 595. EXPANSION OF SUICIDE PREVENTION AND COMMUNITY HEALING 
                        AND RESPONSE TRAINING UNDER THE YELLOW 
                        RIBBON REINTEGRATION PROGRAM.

    Section 582 of the National Defense Authorization Act for Fiscal 
Year 2008 (Public Law 110-181; 10 U.S.C. 10101 note) is amended--
            (1) in subsection (h)--
                    (A) by striking paragraph (3); and
                    (B) by redesignating paragraphs (4) through (15) as 
                paragraphs (3) through (14), respectively; and
            (2) by adding at the end the following new subsection:

    ``(i) Suicide Prevention and Community Healing and Response 
Program.--
            ``(1) Establishment.--As part of the Yellow Ribbon 
        Reintegration Program, the Office for Reintegration Programs 
        shall establish a program to provide National Guard and Reserve 
        members and their families, and in coordination with community 
        programs, assist the communities, with training in suicide 
        prevention and community healing and response to suicide.
            ``(2) Design.--In establishing the program under paragraph 
        (1), the Office for Reintegration Programs shall consult with--
                    ``(A) persons that have experience and expertise 
                with combining military and civilian intervention 
                strategies that reduce risk and promote healing after a 
                suicide attempt or suicide death for National Guard and 
                Reserve members; and
                    ``(B) the adjutant general of each State, the 
                Commonwealth of Puerto Rico, the District of Columbia, 
                Guam, and the Virgin Islands.
            ``(3) Operation.--
                    ``(A) Suicide prevention training.--The Office for 
                Reintegration Programs shall provide National Guard and 
                Reserve members with training in suicide prevention. 
                Such training shall include--

[[Page 123 STAT. 2339]]

                          ``(i) describing the warning signs for suicide 
                      and teaching effective strategies for prevention 
                      and intervention;
                          ``(ii) examining the influence of military 
                      culture on risk and protective factors for 
                      suicide; and
                          ``(iii) engaging in interactive case scenarios 
                      and role plays to practice effective intervention 
                      strategies.
                    ``(B) Community healing and response training.--The 
                Office for Reintegration Programs shall provide the 
                families and communities of National Guard and Reserve 
                members with training in responses to suicide that 
                promote individual and community healing. Such training 
                shall include--
                          ``(i) enhancing collaboration among community 
                      members and local service providers to create an 
                      integrated, coordinated community response to 
                      suicide;
                          ``(ii) communicating best practices for 
                      preventing suicide, including safe messaging, 
                      appropriate memorial services, and media 
                      guidelines;
                          ``(iii) addressing the impact of suicide on 
                      the military and the larger community, and the 
                      increased risk that can result; and
                          ``(iv) managing resources to assist key 
                      community and military service providers in 
                      helping the families, friends, and fellow soldiers 
                      of a suicide victim through the processes of 
                      grieving and healing.
                    ``(C) Collaboration with centers of excellence.--The 
                Office for Reintegration Programs, in consultation with 
                the Defense Centers of Excellence for Psychological 
                Health and Traumatic Brain Injury, shall collect and 
                analyze `lessons learned' and suggestions from State 
                National Guard and Reserve organizations with existing 
                or developing suicide prevention and community response 
                programs.
            ``(4) Termination.--The program established under this 
        subsection shall terminate on October 1, 2012.''.
SEC. 596. <<NOTE: 10 USC 1071 note.>> COMPREHENSIVE PLAN ON 
                        PREVENTION, DIAGNOSIS, AND TREATMENT OF 
                        SUBSTANCE USE DISORDERS AND DISPOSITION OF 
                        SUBSTANCE ABUSE OFFENDERS IN THE ARMED 
                        FORCES.

    (a) Review and Assessment of Current Capabilities.--
            (1) In general.-- <<NOTE: Deadline.>> Not later than 180 
        days after the date of the enactment of this Act, the Secretary 
        of Defense, in consultation with the Secretaries of the military 
        departments, shall conduct a comprehensive review of the 
        following:
                    (A) The programs and activities of the Department of 
                Defense for the prevention, diagnosis, and treatment of 
                substance use disorders in members of the Armed Forces.
                    (B) The policies of the Department of Defense 
                relating to the disposition of substance abuse offenders 
                in the Armed Forces, including disciplinary action and 
                administrative separation.
            (2) Elements.--The review conducted under paragraph (1) 
        shall include an assessment of each of the following:
                    (A) The current state and effectiveness of the 
                programs of the Department of Defense and the military 
                departments

[[Page 123 STAT. 2340]]

                relating to the prevention, diagnosis, and treatment of 
                substance use disorders.
                    (B) The adequacy of the availability of care, and 
                access to care, for substance abuse in military medical 
                treatment facilities and under the TRICARE program.
                    (C) The adequacy of oversight by the Department of 
                Defense of programs relating to the prevention, 
                diagnosis, and treatment of substance abuse in members 
                of the Armed Forces.
                    (D) The adequacy and appropriateness of current 
                credentials and other requirements for healthcare 
                professionals treating members of the Armed Forces with 
                substance use disorders.
                    (E) The advisable ratio of physician and 
                nonphysician care providers for substance use disorders 
                to members of the Armed Forces with such disorders.
                    (F) The adequacy and appropriateness of protocols 
                and directives for the diagnosis and treatment of 
                substance use disorders in members of the Armed Forces 
                and for the disposition, including disciplinary action 
                and administrative separation, of members of the Armed 
                Forces for substance abuse.
                    (G) The adequacy of the availability of and access 
                to care for substance use disorders for members of the 
                reserve components of the Armed Forces, including an 
                identification of any obstacles that are unique to the 
                prevention, diagnosis, and treatment of substance use 
                disorders among members of the reserve components, and 
                the appropriate disposition, including disciplinary 
                action and administrative separation, of members of the 
                reserve components for substance abuse.
                    (H) The adequacy of the prevention, diagnosis, and 
                treatment of substance use disorders in dependents of 
                members of the Armed Forces.
                    (I) Any gaps in the current capabilities of the 
                Department of Defense for the prevention, diagnosis, and 
                treatment of substance use disorders in members of the 
                Armed Forces.
            (3) Report.--Not later than 180 days after the date of the 
        enactment of this Act, the Secretary of Defense shall submit to 
        the Committees on Armed Services of the Senate and the House of 
        Representatives a report setting forth the findings and 
        recommendations of the Secretary as a result of the review 
        conducted under paragraph (1). The report shall--
                    (A) set forth the findings and recommendations of 
                the Secretary regarding each element of the review 
                specified in paragraph (2);
                    (B) set forth relevant statistics on the frequency 
                of substance use disorders, disciplinary actions, and 
                administrative separations for substance abuse in 
                members of the regular components of the Armed Forces, 
                members of the reserve component of the Armed Forces, 
                and to the extent applicable, dependents of such members 
                (including spouses and children); and

[[Page 123 STAT. 2341]]

                    (C) include such other findings and recommendations 
                on improvements to the current capabilities of the 
                Department of Defense for the prevention, diagnosis, and 
                treatment of substance use disorders in members of the 
                Armed Forces and the policies relating to the 
                disposition, including disciplinary action and 
                administrative separation, of members of the Armed 
                Forces for substance abuse, as the Secretary considers 
                appropriate.

    (b) Plan for Improvement and Enhancement of Programs and Policies.--
            (1) Plan required.-- <<NOTE: Deadline.>> Not later than 270 
        days after the date of the enactment of this Act, the Secretary 
        of Defense shall submit to the congressional defense committees 
        a comprehensive plan for the improvement and enhancement of the 
        following:
                    (A) The programs and activities of the Department of 
                Defense for the prevention, diagnosis, and treatment of 
                substance use disorders in members of the Armed Forces 
                and their dependents.
                    (B) The policies of the Department of Defense 
                relating to the disposition of substance abuse offenders 
                in the Armed Forces, including disciplinary action and 
                administrative separation.
            (2) Basis.--The comprehensive plan required by paragraph (1) 
        shall take into account the following:
                    (A) The results of the review and assessment 
                conducted under subsection (a).
                    (B) Similar initiatives of the Secretary of Veterans 
                Affairs to expand and improve care for substance use 
                disorders among veterans, including the programs and 
                activities conducted under title I of the Veterans' 
                Mental Health and Other Care Improvements Act of 2008 
                (Public Law 110-387; 112 Stat. 4112).
            (3) Comprehensive statement of policy.--The comprehensive 
        plan required by paragraph (1) shall include a comprehensive 
        statement of the following:
                    (A) The policy of the Department of Defense 
                regarding the prevention, diagnosis, and treatment of 
                substance use disorders in members of the Armed Forces 
                and their dependents.
                    (B) The policies of the Department of Defense 
                relating to the disposition of substance abuse offenders 
                in the Armed Forces, including disciplinary action and 
                administrative separation.
            (4) Availability of services and treatment.--The 
        comprehensive plan required by paragraph (1) shall include 
        mechanisms to ensure the availability to members of the Armed 
        Forces and their dependents of a core of evidence-based 
        practices across the spectrum of medical and non-medial services 
        and treatments for substance use disorders, including the 
        reestablishment of regional long-term inpatient substance abuse 
        treatment programs. The Secretary may use contracted services 
        for not longer than three years after the date of the enactment 
        of this Act to perform such inpatient substance abuse treatment 
        until the Department of Defense reestablishes this capability 
        within the military health care system.

[[Page 123 STAT. 2342]]

            (5) Prevention and reduction of disorders.--The 
        comprehensive plan required by paragraph (1) shall include 
        mechanisms to facilitate the prevention and reduction of 
        substance use disorders in members of the Armed Forces through 
        science-based initiatives, including education programs, for 
        members of the Armed Forces and their dependents.
            (6) Specific instructions.--The comprehensive plan required 
        by paragraph (1) shall include each of the following:
                    (A) Substances of abuse.--Instructions on the 
                prevention, diagnosis, and treatment of substance abuse 
                in members of the Armed Forces, including the abuse of 
                alcohol, illicit drugs, and nonmedical use and abuse of 
                prescription drugs.
                    (B) Healthcare professionals.--Instructions on--
                          (i) appropriate training of healthcare 
                      professionals in the prevention, screening, 
                      diagnosis, and treatment of substance use 
                      disorders in members of the Armed Forces;
                          (ii) appropriate staffing levels for 
                      healthcare professionals at military medical 
                      treatment facilities for the prevention, 
                      screening, diagnosis, and treatment of substance 
                      use disorders in members of the Armed Forces; and
                          (iii) such uniform training and credentialing 
                      requirements for physician and nonphysician 
                      healthcare professionals in the prevention, 
                      screening, diagnosis, and treatment of substance 
                      use disorders in members of the Armed Forces as 
                      the Secretary considers appropriate.
                    (C) Services for dependents.--Instructions on the 
                availability of services for substance use disorders for 
                dependents of members of the Armed Forces, including 
                instructions on making such services available to 
                dependents to the maximum extent practicable.
                    (D) Relationship between disciplinary action and 
                treatment.--Policy on the relationship between 
                disciplinary actions and administrative separation 
                processing and prevention and treatment of substance use 
                disorders in members of the Armed Forces.
                    (E) Confidentiality.--Recommendations regarding 
                policies pertaining to confidentiality for members of 
                the Armed Forces in seeking or receiving services or 
                treatment for substance use disorders.
                    (F) Participation of chain of command.--Policy on 
                appropriate consultation, reference to, and involvement 
                of the chain of command of members of the Armed Forces 
                in matters relating to the diagnosis and treatment of 
                substance abuse and disposition of members of the Armed 
                Forces for substance abuse.
                    (G) Consideration of gender.--Instructions on gender 
                specific requirements, if appropriate, in the 
                prevention, diagnosis, treatment, and management of 
                substance use disorders in members of the Armed Forces, 
                including gender specific care and treatment 
                requirements.
                    (H) Coordination with other healthcare 
                initiatives.--Instructions on the integration of efforts 
                on the

[[Page 123 STAT. 2343]]

                prevention, diagnosis, treatment, and management of 
                substance use disorders in members of the Armed Forces 
                with efforts to address co-occurring health care 
                disorders (such as post-traumatic stress disorder and 
                depression) and suicide prevention.
            (7) Other elements.--In addition to the matters specified in 
        paragraph (3), the comprehensive plan required by paragraph (1) 
        shall include the following:
                    (A) Implementation plan.--An implementation plan for 
                the achievement of the goals of the comprehensive plan, 
                including goals relating to the following:
                          (i) Enhanced education of members of the Armed 
                      Forces and their dependents regarding substance 
                      use disorders.
                          (ii) Enhanced and improved identification and 
                      diagnosis of substance use disorders in members of 
                      the Armed Forces and their dependents.
                          (iii) Enhanced and improved access of members 
                      of the Armed Forces to services and treatment for 
                      and management of substance use disorders.
                          (iv) Appropriate staffing of military medical 
                      treatment facilities and other facilities for the 
                      treatment of substance use disorders in members of 
                      the Armed Forces.
                    (B) Best practices.--The incorporation of evidence-
                based best practices utilized in current military and 
                civilian approaches to the prevention, diagnosis, 
                treatment, and management of substance use disorders.
                    (C) Available research.--The incorporation of 
                applicable results of available studies, research, and 
                academic reviews on the prevention, diagnosis, 
                treatment, and management of substance use disorders.
            (8) Update in light of independent study.--Upon the 
        completion of the study required by subsection (c), the 
        Secretary of Defense shall--
                    (A) in consultation with the Secretaries of the 
                military departments, make such modifications and 
                improvements to the comprehensive plan required by 
                paragraph (1) as the Secretary of Defense considers 
                appropriate in light of the findings and recommendations 
                of the study; and
                    (B) <<NOTE: Reports.>> submit to the congressional 
                defense committees a report setting forth the 
                comprehensive plan as modified and improved under 
                subparagraph (A).

    (c) Independent Report on Substance Use Disorders Programs for 
Members of the Armed Forces.--
            (1) Study required.--Upon completion of the policy review 
        required by subsection (a), the Secretary of Defense shall 
        provide for a study on substance use disorders programs for 
        members of the Armed Forces to be conducted by the Institute of 
        Medicine of the National Academies of Sciences or such other 
        independent entity as the Secretary shall select for purposes of 
        the study.
            (2) Elements.--The study required by paragraph (1) shall 
        include a review and assessment of the following:
                    (A) The adequacy and appropriateness of protocols 
                for the diagnosis, treatment, and management of 
                substance use disorders in members of the Armed Forces.

[[Page 123 STAT. 2344]]

                    (B) The adequacy of the availability of and access 
                to care for substance use disorders in military medical 
                treatment facilities and under the TRICARE program.
                    (C) The adequacy and appropriateness of current 
                credentials and other requirements for physician and 
                non-physician healthcare professionals treating members 
                of the Armed Forces with substance use disorders.
                    (D) The advisable ratio of physician and non-
                physician care providers for substance use disorders to 
                members of the Armed Forces with such disorders.
                    (E) The adequacy of the availability of and access 
                to care for substance use disorders for members of the 
                reserve components of the Armed Forces when compared 
                with the availability of and access to care for 
                substance use disorders for members of the regular 
                components of the Armed Forces.
                    (F) The adequacy of the prevention, diagnosis, 
                treatment, and management of substance use disorders 
                programs for dependents of members of the Armed Forces, 
                whether such dependents suffer from their own substance 
                use disorder or because of the substance use disorder of 
                a member of the Armed Forces.
                    (G) Such other matters as the Secretary considers 
                appropriate for purposes of the study.
            (3) Report.--Not later than two years after the date of the 
        enactment of this Act, the entity conducting the study required 
        by paragraph (1) shall submit to the Secretary of Defense and 
        the congressional defense committees a report on the results of 
        the study. The report shall set forth the findings and 
        recommendations of the entity as a result of the study.
SEC. 597. REPORTS ON YELLOW RIBBON REINTEGRATION PROGRAM AND OTHER 
                        REINTEGRATION PROGRAMS.

    (a) Report on Reintegration Programs Generally.--Not later than 180 
days after the date of the enactment of this Act, the Secretary of 
Defense shall submit to the congressional defense committees a report on 
the various reintegration programs being administered in support of 
members of the National Guard and Reserves and their families.
    (b) Additional Elements of Annual Reports on Yellow Ribbon 
Reintegration Program.--The annual reports on the Yellow Ribbon 
Reintegration Program under section 582 of the National Defense 
Authorization Act for Fiscal Year 2008 (Public Law 110-181; 122 Stat. 
122; 10 U.S.C. 10101 note) that are submitted under subsection (e)(4) of 
such section after the date of the enactment of this Act shall include 
the following:
            (1) In the first such annual report submitted after the date 
        of the enactment of this Act--
                    (A) a description and assessment of the 
                implementation of the Yellow Ribbon Reintegration 
                Program in fiscal year 2009, including--
                          (i) an assessment of best practices from pilot 
                      programs offered by various States to provide 
                      services to supplement the services available 
                      through the Yellow Ribbon Reintegration Program; 
                      and

[[Page 123 STAT. 2345]]

                          (ii) an assessment of the feasibility of 
                      incorporating such practices into the Yellow 
                      Ribbon Reintegration Program; and
                    (B) current plans for the further implementation of 
                the Yellow Ribbon Reintegration Program during fiscal 
                year 2010.
            (2) A list of the accounts (including accounts of the 
        military departments and accounts for the Office of the 
        Secretary of Defense) from which funds for the Yellow Ribbon 
        Reintegration Program were derived during the most recent fiscal 
        year, and an explanation why such accounts were the source of 
        funding for programs and activities under the Yellow Ribbon 
        Reintegration Program.
            (3) An assessment of the extent to which funding for the 
        Yellow Ribbon Reintegration Program during the most recent 
        fiscal year supported robust joint programs that provided 
        reintegration and support services to members of the National 
        Guard and Reserves and their families regardless of Armed Force 
        with which served.
            (4) An assessment of the extent to which programs and 
        activities under the Yellow Ribbon Reintegration Program during 
        the preceding year were coordinating closely with appropriate 
        programs and activities of the Department of Veterans Affairs.
            (5) A description of current strategies to mitigate 
        difficulties in sustaining attendance at events under the Yellow 
        Ribbon Reintegration Program, and an explanation why funds, if 
        any, that are available for the Yellow Ribbon Reintegration 
        Program but remain unexpended have not been used for the Yellow 
        Ribbon Reintegration Program.
SEC. 598. <<NOTE: 10 USC 113 note.>> REPORTS ON PROGRESS IN 
                        COMPLETION OF CERTAIN INCIDENT INFORMATION 
                        MANAGEMENT TOOLS.

    Not later than 120 days after the date of the enactment of this Act, 
and every six months thereafter, the Secretary of Defense shall submit 
to the Committees on Armed Services of the Senate and the House of 
Representatives a report detailing the progress of the Secretary with 
respect to the completion of the following:
            (1) The Defense Incident-Based Reporting System.
            (2) The Defense Sexual Assault Incident Database.

           TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS

                     Subtitle A--Pay and Allowances

Sec. 601. Fiscal year 2010 increase in military basic pay.
Sec. 602. Increase in maximum monthly amount of supplemental subsistence 
           allowance for low-income members with dependents.
Sec. 603. Special compensation for members of the uniformed services 
           with catastrophic injuries or illnesses requiring assistance 
           in everyday living.
Sec. 604. Benefits under Post-Deployment/Mobilization Respite Absence 
           program for certain periods before implementation of program.
Sec. 605. Report on housing standards and housing surveys used to 
           determine basic allowance for housing.
Sec. 606. Comptroller General comparative assessment of military and 
           private-sector pay and benefits.

[[Page 123 STAT. 2346]]

           Subtitle B--Bonuses and Special and Incentive Pays

Sec. 611. One-year extension of certain bonus and special pay 
           authorities for reserve forces.
Sec. 612. One-year extension of certain bonus and special pay 
           authorities for health care professionals.
Sec. 613. One-year extension of special pay and bonus authorities for 
           nuclear officers.
Sec. 614. One-year extension of authorities relating to title 37 
           consolidated special pay, incentive pay, and bonus 
           authorities.
Sec. 615. One-year extension of authorities relating to payment of other 
           title 37 bonuses and special pays.
Sec. 616. One-year extension of authorities relating to payment of 
           referral bonuses.
Sec. 617. Technical corrections and conforming amendments to reconcile 
           conflicting amendments regarding continued payment of bonuses 
           and similar benefits for certain members.
Sec. 618. Proration of certain special and incentive pays to reflect 
           time during which a member satisfies eligibility requirements 
           for the special or incentive pay.
Sec. 619. Additional assignment pay or special duty pay authorized for 
           members agreeing to serve in Afghanistan for extended 
           periods.
Sec. 620. Temporary authority for monthly special pay for members of the 
           Armed Forces subject to continuing active duty or service 
           under stop-loss authorities.
Sec. 621. Army authority to provide additional recruitment incentives.
Sec. 622. Report on recruitment and retention of members of the Air 
           Force in nuclear career fields.

            Subtitle C--Travel and Transportation Allowances

Sec. 631. Travel and transportation for survivors of deceased members of 
           the uniformed services to attend memorial ceremonies.
Sec. 632. Travel and transportation allowances for designated 
           individuals of wounded, ill, or injured members of the 
           uniformed services for duration of inpatient treatment.
Sec. 633. Authorized travel and transportation allowances for non-
           medical attendants for very seriously and seriously wounded, 
           ill, or injured members.
Sec. 634. Reimbursement of travel expenses of members of the Armed 
           Forces on active duty and their dependents for travel for 
           specialty care under exceptional circumstances.
Sec. 635. Report on adequacy of weight allowances for transportation of 
           baggage and household effects for members of the uniformed 
           services.

       Subtitle D--Disability, Retired Pay, and Survivor Benefits

Sec. 641. Transition assistance for reserve component members injured 
           while on active duty.
Sec. 642. Recomputation of retired pay and adjustment of retired grade 
           of Reserve retirees to reflect service after retirement.
Sec. 643. Election to receive retired pay for non-regular service upon 
           retirement for service in an active reserve status performed 
           after attaining eligibility for regular retirement.
Sec. 644. Report on re-determination process for permanently 
           incapacitated dependents of retired and deceased members of 
           the Armed Forces.
Sec. 645. Treatment as active service for retired pay purposes of 
           service as member of Alaska Territorial Guard during World 
           War II.

Subtitle E--Commissary and Nonappropriated Fund Instrumentality Benefits 
                             and Operations

Sec. 651. Limitation on Department of Defense entities offering personal 
           information services to members and their dependents.
Sec. 652. Report on impact of purchasing from local distributors all 
           alcoholic beverages for resale on military installations on 
           Guam.

                        Subtitle F--Other Matters

Sec. 661. Limitations on collection of overpayments of pay and 
           allowances erroneously paid to members.
Sec. 662. Sense of Congress on airfares for members of the Armed Forces.
Sec. 663. Sense of Congress on establishment of flexible spending 
           arrangements for the uniformed services.
Sec. 664. Sense of Congress regarding support for compensation, 
           retirement, and other military personnel programs.

[[Page 123 STAT. 2347]]

                     Subtitle A--Pay and Allowances

SEC. 601. <<NOTE: 37 USC 1009 note.>> FISCAL YEAR 2010 INCREASE IN 
                        MILITARY BASIC PAY.

    (a) Waiver of Section 1009 Adjustment.--The adjustment to become 
effective during fiscal year 2010 required by section 1009 of title 37, 
United States Code, in the rates of monthly basic pay authorized members 
of the uniformed services shall not be made.
    (b) Increase in Basic Pay. <<NOTE: Effective date.>> --Effective on 
January 1, 2010, the rates of monthly basic pay for members of the 
uniformed services are increased by 3.4 percent.
SEC. 602. INCREASE IN MAXIMUM MONTHLY AMOUNT OF SUPPLEMENTAL 
                        SUBSISTENCE ALLOWANCE FOR LOW-INCOME 
                        MEMBERS WITH DEPENDENTS.

    (a) Increase in Maximum Monthly Amount.--Section 402a(a) of title 
37, United States Code, is amended--
            (1) in paragraph (2), by striking ``$500'' and inserting 
        ``$1,100''; and
            (2) in paragraph (3)(B), by striking ``$500'' and inserting 
        ``$1,100''.

    (b) <<NOTE: 37 USC 402a note.>> Effective Date.--The amendments made 
by subsection (a) shall take effect on October 1, 2009, and shall apply 
with respect to monthly supplemental subsistence allowances for low-
income members with dependents payable on or after that date.

    (c) Report on Elimination of Reliance on Supplemental Nutrition 
Assistance Program to Meet Nutritional Needs of Members of the Armed 
Forces and Their Dependents.--I22    (1) In general.--Not later than 
September 1, 2010, the Secretary of Defense, in consultation with the 
Secretary of Agriculture, shall submit to the congressional defense 
committees a report setting forth a plan for actions to eliminate the 
need for members of the Armed Forces and their dependents to rely on the 
supplemental nutrition assistance program under the Food and Nutrition 
Act of 2008 (7 U.S.C. 2011 et seq.) for their monthly nutritional needs.
            (2) Elements.--The plan required by paragraph (1) shall 
        address the following:
                    (A) An appropriate amount or amounts for the monthly 
                supplemental subsistence allowance for low-income 
                members with dependents payable under section 402a of 
                title 37, United States Code.
                    (B) Such modifications, if any, to the eligibility 
                requirements for the monthly supplemental subsistence 
                allowance, including limitations on the maximum size of 
                the household of a member for purposes of eligibility 
                for the allowance, as the Secretary of Defense considers 
                appropriate.
                    (C) The advisability of requiring members of the 
                Armed Forces to apply for the monthly supplemental 
                subsistence allowance before seeking assistance under 
                the supplemental nutrition assistance program and to 
                notify their commanding officer if they are accepted for 
                participation in the supplemental nutrition assistance 
                program.
                    (D) A method for accurately determining the total 
                number of members of the Armed Forces who are 
                participating in the supplemental nutrition assistance 
                program.

[[Page 123 STAT. 2348]]

                    (E) Such other matters as the Secretary of Defense 
                considers appropriate.
SEC. 603. SPECIAL COMPENSATION FOR MEMBERS OF THE UNIFORMED 
                        SERVICES WITH CATASTROPHIC INJURIES OR 
                        ILLNESSES REQUIRING ASSISTANCE IN EVERYDAY 
                        LIVING.

    (a) In General.--Chapter 7 of title 37, United States Code, is 
amended by adding at the end the following new section:
``Sec. 439. Special compensation: members of the uniformed 
                services with catastrophic injuries or illnesses 
                requiring assistance in everyday living

    ``(a) Monthly Compensation Authorized.--The Secretary concerned may 
pay to any member of the uniformed services described in subsection (b) 
monthly special compensation in an amount determined under subsection 
(c).
    ``(b) Covered Members.--A member eligible for monthly special 
compensation authorized by subsection (a) is a member who--
            ``(1) has a catastrophic injury or illness that was incurred 
        or aggravated in the line of duty;
            ``(2) has been certified by a licensed physician to be in 
        need of assistance from another person to perform the personal 
        functions required in everyday living;
            ``(3) in the absence of the provision of such assistance, 
        would require hospitalization, nursing home care, or other 
        residential institutional care; and
            ``(4) meets such other criteria, if any, as the Secretary of 
        Defense (or the Secretary of Homeland Security, with respect to 
        the Coast Guard) prescribes for purposes of this section.

    ``(c) Amount.--(1) <<NOTE: Criteria.>> The amount of monthly special 
compensation payable to a member under subsection (a) shall be 
determined under criteria prescribed by the Secretary of Defense (or the 
Secretary of Homeland Security, with respect to the Coast Guard), but 
may not exceed the amount of aid and attendance allowance authorized by 
section 1114(r)(2) of title 38 for veterans in need of aid and 
attendance.

    ``(2) In determining the amount of monthly special compensation, the 
Secretary concerned shall consider the following:
            ``(A) The extent to which home health care and related 
        services are being provided by the Government.
            ``(B) The value of the aid and attendance care necessary to 
        assist the member in performing the personal functions required 
        in everyday living, to be determined regardless of the sources 
        of the care (other than the source identified in subparagraph 
        (A)) actually being provided to the member.

    ``(d) Duration.--The eligibility of a member to receive special 
monthly compensation under subsection (a) expires on the earlier of the 
following:
            ``(1) The last day of the month during which a 90-day period 
        ends that begins on the date of the separation or retirement of 
        the member.
            ``(2) The last day of the month during which the member 
        dies.
            ``(3) The last day of the month during which the member is 
        determined to be no longer afflicted with the catastrophic 
        injury or illness referred to in subsection (b)(1).

[[Page 123 STAT. 2349]]

            ``(4) The last day of the month preceding the month during 
        which the member begins receiving compensation under section 
        1114(r)(2) of title 38.

    ``(e) Construction With Other Pay and Allowances.--Monthly special 
compensation payable to a member under this section is in addition to 
any other pay and allowances payable to the member by law.
    ``(f) Benefit Information.--(1) <<NOTE: Web posting.>> The Secretary 
of Defense, in collaboration with the Secretary of Veterans Affairs, 
shall ensure that members of the uniformed services who may be eligible 
for compensation under this section are made aware of the availability 
of such compensation by including information about such compensation in 
written and online materials for such members and their families.

    ``(2) The Secretary of Defense shall ensure that a member eligible 
to receive special monthly compensation under this section is aware that 
the member's eligibility for such compensation will expire pursuant to 
subsection (d)(1) after the end of the 90-day period that begins on the 
date of the separation or retirement of the member even though the 
member has not begun to receive compensation under section 1114(r)(2) of 
title 38 before the end of such period.
    ``(g) Catastrophic Injury or Illness Defined.--In this section, the 
term `catastrophic injury or illness' means a permanent, severely 
disabling injury, disorder, or illness that the Secretary concerned 
determines compromises the ability of the afflicted person to carry out 
the activities of daily living to such a degree that the person 
requires--
            ``(1) personal or mechanical assistance to leave home or 
        bed; or
            ``(2) constant supervision to avoid physical harm to self or 
        others.

    ``(h) Regulations.--The Secretary of Defense (or the Secretary of 
Homeland Security, with respect to the Coast Guard) shall prescribe 
regulations to carry out this section.''.
    (b) Report to Congress.--
            (1) In general.--Not later than one year after the date of 
        the enactment of this Act, the Secretary of Defense (and the 
        Secretary of Homeland Security, with respect to the Coast Guard) 
        shall submit to Congress a report on the provision of 
        compensation under section 439 of title 37, United States Code, 
        as added by subsection (a) of this section.
            (2) Elements.--The report required by paragraph (1) shall 
        include the following:
                    (A) An estimate of the number of members of the 
                uniformed services eligible for compensation under such 
                section 439.
                    (B) The number of members of the uniformed services 
                receiving compensation under such section.
                    (C) The average amount of compensation provided to 
                members of the uniformed services receiving such 
                compensation.
                    (D) The average amount of time required for a member 
                of the uniformed services to receive such compensation 
                after the member becomes eligible for such compensation.
                    (E) A summary of the types of injuries, disorders, 
                and illnesses of members of the uniformed services 
                receiving

[[Page 123 STAT. 2350]]

                such compensation that made such members eligible for 
                such compensation.

    (c) Clerical Amendment.--The table of sections at the beginning of 
chapter 7 of such title is amended by adding at the end the following 
new item:

``439. Special compensation: members of the uniformed services with 
           catastrophic injuries or illnesses requiring assistance in 
           everyday living.''.

SEC. BENEFITS UNDER POST-DEPLOYMENT/MOBILIZATION RESPITE ABSENCE 
                        PROGRAM FOR CERTAIN PERIODS BEFORE 
                        IMPLEMENTATION OF PROGRAM.

    (a) In General. <<NOTE: Regulations.>> --Under regulations 
prescribed by the Secretary of Defense, the Secretary concerned may 
provide any member or former member of the Armed Forces with the 
benefits specified in subsection (b) if the member or former member 
would, on any day during the period beginning on January 19, 2007, and 
ending on the date of the implementation of the Post-Deployment/
Mobilization Respite Absence (PDMRA) program by the Secretary concerned, 
have qualified for a day of administrative absence under the Post-
Deployment/Mobilization Respite Absence program had the program been in 
effect during such period.

    (b) Benefits.--The benefits specified in this subsection are the 
following:
            (1) In the case of an individual who is a former member of 
        the Armed Forces at the time of the provision of benefits under 
        this section, payment of an amount not to exceed $200 for each 
        day the individual would have qualified for a day of 
        administrative absence as described in subsection (a) during the 
        period specified in that subsection.
            (2) In the case of an individual who is a member of the 
        Armed Forces at the time of the provision of benefits under this 
        section, either one day of administrative absence or payment of 
        an amount not to exceed $200, as selected by the Secretary 
        concerned, for each day the individual would have qualified for 
        a day of administrative absence as described in subsection (a) 
        during the period specified in that subsection.

    (c) Exclusion of Certain Former Members.--A former member of the 
Armed Forces is not eligible under this section for the benefits 
specified in subsection (b)(1) if the former member was discharged or 
released from the Armed Forces under other than honorable conditions.
    (d) Form of Payment.--The paid benefits providable under subsection 
(b) may be paid in a lump sum or installments, at the election of the 
Secretary concerned.
    (e) Construction With Other Pay and Leave.--The benefits provided a 
member or former member of the Armed Forces under this section are in 
addition to any other pay, absence, or leave provided by law.
    (f) Definitions.--In this section:
            (1) The term ``Post-Deployment/Mobilization Respite Absence 
        program'' means the program of a military department to provide 
        days of administrative absence not chargeable against available 
        leave to certain deployed or mobilized members of the Armed 
        Forces in order to assist such members in reintegrating into 
        civilian life after deployment or mobilization.

[[Page 123 STAT. 2351]]

            (2) The term ``Secretary concerned'' has the meaning given 
        that term in section 101(5) of title 37, United States Code.

    (g) Duration.--
            (1) In general.--The authority to provide benefits under 
        this section shall expire on the date that is one year after the 
        date of the enactment of this Act.
            (2) Construction.--Expiration under this subsection of the 
        authority to provide benefits under this section shall not 
        affect the utilization of any day of administrative absence 
        provided a member of the Armed Forces under subsection (b)(2), 
        or the payment of any payment authorized a member or former 
        member of the Armed Forces under subsection (b), before the 
        expiration of the authority in this section.
SEC. 605. REPORT ON HOUSING STANDARDS AND HOUSING SURVEYS USED TO 
                        DETERMINE BASIC ALLOWANCE FOR HOUSING.

    (a) Report Required.--Not later than July 1, 2010, the Secretary of 
Defense shall submit to the congressional defense committees a report 
containing the following reviews:
            (1) A review of the housing standards used to determine the 
        monthly rates of basic allowance for housing under section 403 
        of title 37, United States Code.
            (2) A review of the process and schedule for conducting 
        surveys used to establish locality rates in housing areas to 
        determine such monthly rates of basic allowance for housing.

    (b) Elements of Housing Standards Review.--In conducting the reviews 
under subsection (a), the Secretary shall consider whether the housing 
standards and survey process are suitable in terms of--
            (1) recognizing the societal needs and expectations of 
        families in the United States;
            (2) providing for an appropriate quality of life for members 
        of the Armed Forces in all grades;
            (3) recognizing the appropriate rewards and prestige 
        associated with promotion to higher military grades throughout 
        the rank structure; and
            (4) reflecting the most current housing cost data available.

    (c) Inclusion of Recommended Changes.--The report required by 
subsection (a) shall include--
            (1) such recommended changes to the housing standards, 
        including an estimate of the cost of each recommended change, as 
        the Secretary considers appropriate; and
            (2) such recommended changes to improve the survey process, 
        including ensuring that the housing cost data used to establish 
        the rates is the most current data available, as the Secretary 
        considers appropriate.
SEC. 606. COMPTROLLER GENERAL COMPARATIVE ASSESSMENT OF MILITARY 
                        AND PRIVATE-SECTOR PAY AND BENEFITS.

    (a) Study Required.--The Comptroller General shall conduct a study 
comparing pay and benefits provided by law to members of the Armed 
Forces with pay and benefits provided by the private sector to 
comparably situated private-sector employees to assess how the 
differences in pay and benefits effect recruiting and retention of 
members of the Armed Forces.
    (b) Elements.--The study required by subsection (a) shall include, 
but not be limited to, the following:

[[Page 123 STAT. 2352]]

            (1) An assessment of total military compensation for 
        officers and for enlisted personnel, including basic pay, the 
        basic allowance for housing (BAH), the basic allowance for 
        subsistence (BAS), tax benefits applicable to military pay and 
        allowances under Federal law (including the Social Security 
        laws) and State law, military retirement benefits, commissary 
        and exchange privileges, and military healthcare benefits.
            (2) An assessment of private-sector pay and benefits for 
        civilians of similar age, education, and experience with similar 
        job responsibilities and working conditions as officers and 
        enlisted personnel of the Armed Forces, including pay, bonuses, 
        employee options, fringe benefits, retirement benefits, 
        individual retirement investment benefits, flexible spending 
        accounts and health savings accounts, and any other elements of 
        private-sector compensation that the Comptroller General 
        considers appropriate.
            (3) An identification of the percentile of comparable 
        private-sector compensation at which members of the Armed Forces 
        are paid, including an assessment of the adequacy of percentile 
        comparisons generally and whether the Department of Defense goal 
        of compensating members of the Armed Forces at the 80th 
        percentile of comparable private-sector compensation, as 
        described in the 10th Quadrennial Review of Military 
        Compensation, is appropriate and adequate to attract and retain 
        quality individuals to serve in the Armed Forces.

    (c) Report.--The Comptroller General shall submit to the 
congressional defense committees a report on the study required by 
subsection (a) by not later than April 1, 2010.

           Subtitle B--Bonuses and Special and Incentive Pays

SEC. 611. ONE-YEAR EXTENSION OF CERTAIN BONUS AND SPECIAL PAY 
                        AUTHORITIES FOR RESERVE FORCES.

    The following sections of title 37, United States Code, are amended 
by striking ``December 31, 2009'' and inserting ``December 31, 2010'':
            (1) Section 308b(g), relating to Selected Reserve 
        reenlistment bonus.
            (2) Section 308c(i), relating to Selected Reserve 
        affiliation or enlistment bonus.
            (3) Section 308d(c), relating to special pay for enlisted 
        members assigned to certain high-priority units.
            (4) Section 308g(f)(2), relating to Ready Reserve enlistment 
        bonus for persons without prior service.
            (5) Section 308h(e), relating to Ready Reserve enlistment 
        and reenlistment bonus for persons with prior service.
            (6) Section 308i(f), relating to Selected Reserve enlistment 
        and reenlistment bonus for persons with prior service.
            (7) Section 910(g), relating to income replacement payments 
        for reserve component members experiencing extended and frequent 
        mobilization for active duty service.

[[Page 123 STAT. 2353]]

SEC. 612. ONE-YEAR EXTENSION OF CERTAIN BONUS AND SPECIAL PAY 
                        AUTHORITIES FOR HEALTH CARE PROFESSIONALS.

    (a) Title 10 Authorities.--The following sections of title 10, 
United States Code, are amended by striking ``December 31, 2009'' and 
inserting ``December 31, 2010'':
            (1) Section 2130a(a)(1), relating to nurse officer candidate 
        accession program.
            (2) Section 16302(d), relating to repayment of education 
        loans for certain health professionals who serve in the Selected 
        Reserve.

    (b) Title 37 Authorities.--The following sections of title 37, 
United States Code, are amended by striking ``December 31, 2009'' and 
inserting ``December 31, 2010'':
            (1) Section 302c-1(f), relating to accession and retention 
        bonuses for psychologists.
            (2) Section 302d(a)(1), relating to accession bonus for 
        registered nurses.
            (3) Section 302e(a)(1), relating to incentive special pay 
        for nurse anesthetists.
            (4) Section 302g(e), relating to special pay for Selected 
        Reserve health professionals in critically short wartime 
        specialties.
            (5) Section 302h(a)(1), relating to accession bonus for 
        dental officers.
            (6) Section 302j(a), relating to accession bonus for 
        pharmacy officers.
            (7) Section 302k(f), relating to accession bonus for medical 
        officers in critically short wartime specialties.
            (8) Section 302l(g), relating to accession bonus for dental 
        specialist officers in critically short wartime specialties.
SEC. 613. ONE-YEAR EXTENSION OF SPECIAL PAY AND BONUS AUTHORITIES 
                        FOR NUCLEAR OFFICERS.

    The following sections of title 37, United States Code, are amended 
by striking ``December 31, 2009'' and inserting ``December 31, 2010'':
            (1) Section 312(f), relating to special pay for nuclear-
        qualified officers extending period of active service.
            (2) Section 312b(c), relating to nuclear career accession 
        bonus.
            (3) Section 312c(d), relating to nuclear career annual 
        incentive bonus.
SEC. 614. ONE-YEAR EXTENSION OF AUTHORITIES RELATING TO TITLE 37 
                        CONSOLIDATED SPECIAL PAY, INCENTIVE PAY, 
                        AND BONUS AUTHORITIES.

    The following sections of title 37, United States Code, are amended 
by striking ``December 31, 2009'' and inserting ``December 31, 2010'':
            (1) Section 331(h), relating to general bonus authority for 
        enlisted members.
            (2) Section 332(g), relating to general bonus authority for 
        officers.
            (3) Section 333(i), relating to special bonus and incentive 
        pay authorities for nuclear officers.
            (4) Section 334(i), relating to special aviation incentive 
        pay and bonus authorities for officers.

[[Page 123 STAT. 2354]]

            (5) Section 335(k), relating to special bonus and incentive 
        pay authorities for officers in health professions.
            (6) Section 351(i), relating to hazardous duty pay.
            (7) Section 352(g), relating to assignment pay or special 
        duty pay.
            (8) Section 353(j), relating to skill incentive pay or 
        proficiency bonus.
            (9) Section 355(i), relating to retention incentives for 
        members qualified in critical military skills or assigned to 
        high priority units.
SEC. 615. ONE-YEAR EXTENSION OF AUTHORITIES RELATING TO PAYMENT OF 
                        OTHER TITLE 37 BONUSES AND SPECIAL PAYS.

    The following sections of chapter 5 of title 37, United States Code, 
are amended by striking ``December 31, 2009'' and inserting ``December 
31, 2010'':
            (1) Section 301b(a), relating to aviation officer retention 
        bonus.
            (2) Section 307a(g), relating to assignment incentive pay.
            (3) Section 308(g), relating to reenlistment bonus for 
        active members.
            (4) Section 309(e), relating to enlistment bonus.
            (5) Section 324(g), relating to accession bonus for new 
        officers in critical skills.
            (6) Section 326(g), relating to incentive bonus for 
        conversion to military occupational specialty to ease personnel 
        shortage.
            (7) Section 327(h), relating to incentive bonus for transfer 
        between armed forces.
            (8) Section 330(f), relating to accession bonus for officer 
        candidates.
SEC. 616. ONE-YEAR EXTENSION OF AUTHORITIES RELATING TO PAYMENT OF 
                        REFERRAL BONUSES.

    The following sections of title 10, United States Code, are amended 
by striking ``December 31, 2009'' and inserting ``December 31, 2010'':
            (1) Section 1030(i), relating to health professions referral 
        bonus.
            (2) Section 3252(h), relating to Army referral bonus.
SEC. 617. TECHNICAL CORRECTIONS AND CONFORMING AMENDMENTS TO 
                        RECONCILE CONFLICTING AMENDMENTS REGARDING 
                        CONTINUED PAYMENT OF BONUSES AND SIMILAR 
                        BENEFITS FOR CERTAIN MEMBERS.

    (a) Technical Corrections to Reconcile Conflicting Amendments.--
Section 303a(e) of title 37, United States Code, is amended--
            (1) in paragraph (1)(A), by striking ``paragraph (2)'' and 
        inserting ``paragraphs (2) and (3)'';
            (2) by redesignating paragraphs (3) and (4) as paragraphs 
        (4) and (5), respectively;
            (3) in paragraph (5), as so redesignated, by striking 
        ``paragraph (3)(B)'' and inserting ``paragraph (4)(B)'';
            (4) by redesignating paragraph (2), as added by section 
        651(b) of the Duncan Hunter National Defense Authorization Act 
        for Fiscal Year 2009 (Public Law 110-417; 122 Stat. 4495), as 
        paragraph (3); and

[[Page 123 STAT. 2355]]

            (5) by redesignating the second subparagraph (B) of 
        paragraph (1), originally added as paragraph (2) by section 
        2(a)(3) of the Hubbard Act (Public Law 110-317; 122 Stat. 3526) 
        and erroneously designated as subparagraph (B) by section 
        651(a)(3) of the Duncan Hunter National Defense Authorization 
        Act for Fiscal Year 2009 (Public Law 110-417; 122 Stat. 4495), 
        as paragraph (2).

    (b) Inclusion of Hubbard Act Amendment in Consolidated Special Pay 
and Bonus Authorities.--Section 373(b) of such title is amended--
            (1) in paragraph (2), by striking the paragraph heading and 
        inserting ``Special rule for deceased and disabled members.--''; 
        and
            (2) by adding at the end the following new paragraph:
            ``(3) Special rule for members who receive sole survivorship 
        discharge.--(A) If a member of the uniformed services receives a 
        sole survivorship discharge, the Secretary concerned--
                    ``(i) shall not require repayment by the member of 
                the unearned portion of any bonus, incentive pay, or 
                similar benefit previously paid to the member; and
                    ``(ii) may grant an exception to the requirement to 
                terminate the payment of any unpaid amounts of a bonus, 
                incentive pay, or similar benefit if the Secretary 
                concerned determines that termination of the payment of 
                the unpaid amounts would be contrary to a personnel 
                policy or management objective, would be against equity 
                and good conscience, or would be contrary to the best 
                interests of the United States.
            ``(B) <<NOTE: Definition.>> In this paragraph, the term 
        `sole survivorship discharge' means the separation of a member 
        from the Armed Forces, at the request of the member, pursuant to 
        the Department of Defense policy permitting the early separation 
        of a member who is the only surviving child in a family in 
        which--
                    ``(i) the father or mother or one or more siblings--
                          ``(I) served in the Armed Forces; and
                          ``(II) was killed, died as a result of wounds, 
                      accident, or disease, is in a captured or missing 
                      in action status, or is permanently 100 percent 
                      disabled or hospitalized on a continuing basis 
                      (and is not employed gainfully because of the 
                      disability or hospitalization); and
                    ``(ii) the death, status, or disability did not 
                result from the intentional misconduct or willful 
                neglect of the parent or sibling and was not incurred 
                during a period of unauthorized absence.''.
SEC. 618. PRORATION OF CERTAIN SPECIAL AND INCENTIVE PAYS TO 
                        REFLECT TIME DURING WHICH A MEMBER 
                        SATISFIES ELIGIBILITY REQUIREMENTS FOR THE 
                        SPECIAL OR INCENTIVE PAY.

    (a) Special Pay for Duty Subject to Hostile Fire or Imminent 
Danger.--Section 310 of title 37, United States Code, is amended--
            (1) in subsection (a)--
                    (A) by striking ``and Special Pay Amount'' in the 
                subsection heading; and

[[Page 123 STAT. 2356]]

                    (B) by striking ``at the rate of $225 for any 
                month'' in the matter preceding paragraph (1) and 
                inserting ``under subsection (b) for any month or 
                portion of a month'';
            (2) in subsection (c), by striking paragraph (3);
            (3) by redesignating subsections (b), (c), and (d) as 
        subsections (c), (d), and (e), respectively; and
            (4) by inserting after subsection (a) the following new 
        subsection:

    ``(b) Special Pay Amount; Proration.--(1) The special pay authorized 
by subsection (a) may not exceed $225 a month.
    ``(2) Except as provided in subsection (c), if a member does not 
satisfy the eligibility requirements specified in paragraphs (1) and (2) 
of subsection (a) for an entire month for receipt of special pay under 
subsection (a), the Secretary concerned may prorate the payment amount 
to reflect the duration of the member's actual qualifying service during 
the month.''.
    (b) Hazardous Duty Pay.--Section 351 of such title is amended--
            (1) by striking subsections (c) and (d) and redesignating 
        subsections (e) through (i) as subsections (d) through (h), 
        respectively; and
            (2) by inserting after subsection (b) the following new 
        subsection:

    ``(c) Method of Payment; Proration.--
            ``(1) Monthly payment.--Subject to paragraph (2), hazardous 
        duty pay shall be paid on a monthly basis.
            ``(2) Proration.--If a member does not satisfy the 
        eligibility requirements specified in paragraph (1), (2), or (3) 
        of subsection (a) for an entire month for receipt of hazardous 
        duty pay, the Secretary concerned may prorate the payment amount 
        to reflect the duration of the member's actual qualifying 
        service during the month.''.

    (c) Assignment or Special Duty Pay.--Section 352(b)(1) of such title 
is amended by adding at the end the following new sentence: ``If paid 
monthly, the Secretary concerned may prorate the monthly amount of the 
assignment or special duty pay for a member who does not satisfy the 
eligibility requirement for an entire month to reflect the duration of 
the member's actual qualifying service during the month.''.
    (d) Skill Incentive Pay.--Section 353 of such title is amended--
            (1) by striking subsection (f) and redesignating subsections 
        (g) through (j) as subsections (f) through (i), respectively; 
        and
            (2) in subsection (c), by striking paragraph (1) and 
        inserting the following new paragraph:
            ``(1) Skill incentive pay.--(A) Skill incentive pay under 
        subsection (a) may not exceed $1,000 a month.
            ``(B) If a member does not satisfy the eligibility 
        requirements specified in paragraphs (1) and (2) of subsection 
        (a) for an entire month for receipt of skill incentive pay, the 
        Secretary concerned may prorate the payment amount to reflect 
        the duration of the member's actual qualifying service during 
        the month. A member of a reserve component entitled to 
        compensation under section 206 of this title who is authorized 
        skill incentive pay under subsection (a) may be paid an amount 
        of such pay that is proportionate to the compensation received

[[Page 123 STAT. 2357]]

        by the member under section 206 of this title for inactive-duty 
        training.''.
SEC. 619. <<NOTE: 37 USC 352 note.>> ADDITIONAL ASSIGNMENT PAY OR 
                        SPECIAL DUTY PAY AUTHORIZED FOR MEMBERS 
                        AGREEING TO SERVE IN AFGHANISTAN FOR 
                        EXTENDED PERIODS.

    (a) Authority to Provide Additional Assignment Pay or Special Duty 
Pay.--The Secretary of Defense may provide assignment pay or special 
duty pay under section 352 of title 37, United States Code, in excess of 
the maximum amount of monthly or lump sum assignment or special duty pay 
authorized under subsection (b) of such section, to members of the Armed 
Forces (particularly members who achieve language proficiency at levels 
and in languages specified by the Secretary of Defense) who agree to 
serve on active duty in Afghanistan for a minimum of three years. The 
assignment period required by the agreement shall provide for reasonable 
periods of leave.
    (b) Reporting Requirements.--The Secretary shall submit to Congress 
an annual report on the use of the authority provided under subsection 
(a) during the preceding year, including--
            (1) the number of members of the Armed Forces receiving 
        assignment pay or special duty pay under section 352 of title 
        37, United States Code, in excess of the maximum amount 
        otherwise authorized under such section; and
            (2) an assessment of the impact of the use of such authority 
        on the effectiveness and efficiency in achieving the United 
        States mission in Afghanistan.

    (c) Duration of Authority.--The authority provided by subsection (a) 
to offer additional assignment pay or special duty pay under section 352 
of title 37, United States Code, expires on December 31, 2012. The 
expiration of such authority shall not affect the terms or duration of 
any agreement entered into before that date to provide additional 
assignment pay or special duty pay under such section.
SEC. 620. <<NOTE: 37 USC 301 note.>> TEMPORARY AUTHORITY FOR 
                        MONTHLY SPECIAL PAY FOR MEMBERS OF THE 
                        ARMED FORCES SUBJECT TO CONTINUING ACTIVE 
                        DUTY OR SERVICE UNDER STOP-LOSS 
                        AUTHORITIES.

    (a) Special Pay Authorized.--The Secretary of the military 
department concerned may pay monthly special pay to any member of the 
Army, Navy, Air Force, or Marine Corps (including a member of a reserve 
component thereof) for any month, or portion of a month, in which the 
member serves on active duty in the Armed Forces, or has the member's 
eligibility for retirement from the Armed Forces suspended, as described 
in subsection (b).
    (b) Eligibility Requirements. <<NOTE: Time period.>> --A member of 
the Armed Forces referred to in subsection (a) is eligible to receive 
special pay under this section if the member, at any time during the 
period beginning on October 1, 2009, and ending on June 30, 2011, serves 
on active duty while the member's enlistment or period of obligated 
service is extended, or has the member's eligibility for retirement 
suspended, pursuant to section 123 or 12305 of title 10, United States 
Code, or any other provision of law (commonly referred to as a ``stop-
loss authority'') that authorizes the President to extend an enlistment 
or period of obligated service, or suspend eligibility for retirement, 
of a member of the Armed

[[Page 123 STAT. 2358]]

Forces in time of war or national emergency declared by Congress or the 
President.

    (c) Amount.--The amount of monthly special pay payable to a member 
under this section for a month may not exceed $500.
    (d) Construction With Other Pays.--Monthly special pay payable to a 
member under this section is in addition to any other amounts payable to 
the member by law.
SEC. 621. <<NOTE: 10 USC 503 note.>> ARMY AUTHORITY TO PROVIDE 
                        ADDITIONAL RECRUITMENT INCENTIVES.

    (a) Extension of Authority.--Subsection (i) of section 681 of the 
National Defense Authorization Act for Fiscal Year 2006 (Public Law 109-
163; 119 Stat. 3321) is amended to read as follows:
    ``(i) Duration of Authority.--
            ``(1) In general.--The Secretary may not develop an 
        incentive under this section, or first provide an incentive 
        developed under this section to an individual, after December 
        31, 2012.
            ``(2) Continuation of incentives.--Nothing in paragraph (1) 
        shall be construed to prohibit or limit the continuing provision 
        to an individual after the date specified in that paragraph of 
        an incentive first provided the individual under this section 
        before that date.''.

    (b) Limitation on Use of Authority.--Subsection (e) of such section 
is amended by inserting ``at the same time'' after ``provided''.
SEC. 622. REPORT ON RECRUITMENT AND RETENTION OF MEMBERS OF THE 
                        AIR FORCE IN NUCLEAR CAREER FIELDS.

    (a) Report Required.--Not later than 180 days after the date of the 
enactment of this Act, the Secretary of the Air Force shall submit to 
the congressional defense committees a report on the efforts of the Air 
Force to attract and retain qualified individuals for service as members 
of the Air Force involved in the operation, maintenance, handling, and 
security of nuclear weapons.
    (b) Elements.--The report required by subsection (a) shall include 
the following:
            (1) A description of current reenlistment rates and officer 
        retention rates, set forth by Air Force Specialty Code, of 
        members of the Air Force serving in positions involving the 
        operation, maintenance, handling, and security of nuclear 
        weapons.
            (2) A description of the current personnel fill rate for Air 
        Force units involved in the operation, maintenance, handling, 
        and security of nuclear weapons.
            (3) A description of the steps the Air Force has taken, 
        including the use of retention bonuses or assignment incentive 
        pay, to improve recruiting and reenlistment of enlisted 
        personnel and accession and retention of officers by the Air 
        Force for the positions described in paragraph (1).
            (4) An assessment of the feasibility, advisability, utility, 
        and cost effectiveness of establishing additional bonuses or 
        incentive pay as a way to enhance the recruitment and retention 
        by the Air Force of skilled personnel in the positions described 
        in paragraph (1).
            (5) An assessment of whether assignment incentive pay should 
        be provided for members of the Air Force covered by the 
        Personnel Reliability Program.
            (6) An assessment of the long-term community management plan 
        for recruitment, retention, and assignment by the

[[Page 123 STAT. 2359]]

        Air Force of skilled personnel in the positions described in 
        paragraph (1).
            (7) Such other matters as the Secretary considers 
        appropriate.

            Subtitle C--Travel and Transportation Allowances

SEC. 631. TRAVEL AND TRANSPORTATION FOR SURVIVORS OF DECEASED 
                        MEMBERS OF THE UNIFORMED SERVICES TO 
                        ATTEND MEMORIAL CEREMONIES.

    (a) Allowances Authorized.--Subsection (a) of section 411f of title 
37, United States Code, is amended--
            (1) by redesignating paragraph (2) as paragraph (3); and
            (2) by inserting after paragraph (1) the following new 
        paragraph (2):

    ``(2) The Secretary concerned may provide round trip travel and 
transportation allowances to eligible relatives of a member of the 
uniformed services who dies while on active duty in order that the 
eligible relatives may attend a memorial service for the deceased member 
that occurs at a location other than the location of the burial ceremony 
for which travel and transportation allowances are provided under 
paragraph (1). Travel and transportation allowances may be provided 
under this paragraph for travel of eligible relatives to only one 
memorial service for the deceased member concerned.''.
    (b) Conforming Amendments.--Subsection (c) of such section is 
amended--
            (1) by striking ``subsection (a)(1)'' the first place it 
        appears and inserting ``paragraphs (1) and (2) of subsection 
        (a)''; and
            (2) by striking ``subsection (a)(1)'' the second place it 
        appears and inserting ``paragraph (1) or (2) of subsection 
        (a)''.
SEC. 632. TRAVEL AND TRANSPORTATION ALLOWANCES FOR DESIGNATED 
                        INDIVIDUALS OF WOUNDED, ILL, OR INJURED 
                        MEMBERS OF THE UNIFORMED SERVICES FOR 
                        DURATION OF INPATIENT TREATMENT.

    (a) Authority To Provide Travel to Designated Individuals.--
Subsection (a) of section 411h of title 37, United States Code, is 
amended--
            (1) in paragraph (1)--
                    (A) by striking ``family members of a member 
                described in paragraph (2)'' and inserting ``individuals 
                who, with respect to a member described in paragraph 
                (2), are designated individuals for that member'';
                    (B) by striking ``that the presence of the family 
                member'' and inserting ``, with respect to any such 
                individual, that the presence of such individual''; and
                    (C) by striking ``of family members'' and inserting 
                ``of designated individuals''; and
            (2) by adding at the end the following new paragraph:

    ``(4) In the case of a designated individual who is also a member of 
the uniformed services, that member may be provided travel and 
transportation under this section in the same manner as a designated 
individual who is not a member.''.
    (b) Definition of Designated Individual.--

[[Page 123 STAT. 2360]]

            (1) In general.--Paragraph (1) of subsection (b) of such 
        section is amended by striking ``the term'' and all that follows 
        and inserting ``the term `designated individual', with respect 
        to a member, means--
            ``(A) an individual designated by the member for the 
        purposes of this section; or
            ``(B) in the case of a member who has not made a designation 
        under subparagraph (A) and, as determined by the attending 
        physician or surgeon, is not able to make such a designation, an 
        individual who, as designated by the attending physician or 
        surgeon and the commander or head of the military medical 
        facility exercising control over the member, is someone with a 
        personal relationship to the member whose presence may aid and 
        support the health and welfare of the member during the duration 
        of the member's inpatient treatment.''.
            (2) Designations not permanent.--Paragraph (2) of such 
        subsection is amended to read as follows:

    ``(2) The designation of an individual as a designated individual 
for purposes of this section may be changed at any time.''.
    (c) Coverage of Members Hospitalized Outside the United States Who 
Were Wounded or Injured in a Combat Operation or Combat Zone.--
            (1) Coverage for hospitalization outside the united 
        states.--Subparagraph (B) of subsection (a)(2) of such section 
        is amended--
                    (A) in clause (i), by striking ``in or outside the 
                United States''; and
                    (B) in clause (ii), by striking ``in the United 
                States''.
            (2) Clarification of members covered.--Such subparagraph is 
        further amended--
                    (A) in clause (i), by inserting ``seriously 
                wounded,'' after ``(i) is''; and
                    (B) in clause (ii)--
                          (i) by striking ``an injury'' and inserting 
                      ``a wound or an injury''; and
                          (ii) by striking ``that injury'' and inserting 
                      ``that wound or injury''.

    (d) Coverage of Members With Serious Mental Disorders.--
            (1) In general.--Subsection (a)(2)(B)(i) of such section, as 
        amended by subsection (c) of this section, is further amended by 
        inserting ``(including having a serious mental disorder)'' after 
        ``seriously injured''.
            (2) Serious mental disorder defined.--Subsection (b) of such 
        section 411h, as amended by subsection (b) of this section, is 
        further amended by adding at the end the following new 
        paragraph:

    ``(4)(A) In this section, the term `serious mental disorder', in the 
case of a member, means that the member has been diagnosed with a mental 
disorder that requires intensive mental health treatment or 
hospitalization.
    ``(B) The circumstances in which a member shall be considered to 
have a serious mental disorder for purposes of this section shall 
include, but not be limited to, the following:
            ``(i) The member is considered to be a potential danger to 
        self or others as a result of a diagnosed mental disorder

[[Page 123 STAT. 2361]]

        that requires intensive mental health treatment or 
        hospitalization.
            ``(ii) The member is diagnosed with a mental disorder and 
        has psychotic symptoms that require intensive mental health 
        treatment or hospitalization.
            ``(iii) The member is diagnosed with a mental disorder and 
        has severe symptoms or severe impairment in functioning that 
        require intensive mental health treatment or hospitalization.''.

    (e) Frequency of Authorized Travel.--Paragraph (3) of subsection (a) 
of such section 411h is amended to read as follows:
    ``(3) Not more than a total of three roundtrips may be provided 
under paragraph (1) in any 60-day period at Government expense to the 
individuals who, with respect to a member, are the designated 
individuals of that member in effect during that period. However, if the 
Secretary concerned has granted a waiver under the second sentence of 
paragraph (1) with respect to a member, then for any 60-day period in 
which the waiver is in effect the limitation in the preceding sentence 
shall be adjusted accordingly. In addition, during any period during 
which there is in effect a non-medical attendant designation for a 
member under section 411k of this title, not more than a total of two 
roundtrips may be provided under paragraph (1) in any 60-day period at 
Government expense until there no longer is a designation of a non-
medical attendant or that designation transfers to another individual, 
in which case during the transfer period three roundtrips may be 
provided.''.
    (f) Stylistic and Conforming Amendments.--Such section is further 
amended--
            (1) in subsection (a), by striking ``(a)(1)'' and inserting 
        ``(a) Travel and Transportation Authorized.--(1)'';
            (2) in subsection (b)--
                    (A) by striking ``(b)(1)'' and inserting ``(b) 
                Definitions.--(1)''; and
                    (B) in paragraph (3)--
                          (i) by inserting ``(A)'' after ``(3)''; and
                          (ii) by adding at the end the following new 
                      subparagraph:

    ``(B) In this paragraph, the term `family member', with respect to a 
member, means the following:
            ``(i) The member's spouse.
            ``(ii) Children of the member (including stepchildren, 
        adopted children, and illegitimate children).
            ``(iii) Parents of the member or persons in loco parentis to 
        the member, including fathers and mothers through adoption and 
        persons who stood in loco parentis to the member for a period 
        not less than one year immediately before the member entered the 
        uniformed service, except that only one father and one mother or 
        their counterparts in loco parentis may be recognized in any one 
        case.
            ``(iv) Siblings of the member.
            ``(v) A person related to the member as described in clause 
        (i), (ii), (iii), or (iv) who is also a member of the uniformed 
        services.'';
            (3) in subsection (c)--
                    (A) by striking ``(c)(1)'' and inserting ``(c) Round 
                Trip Transportation and Per Diem Allowance.--(1)''; and

[[Page 123 STAT. 2362]]

                    (B) in paragraph (1), by striking ``family member'' 
                and inserting ``designated individual''; and
            (4) in subsection (d), by striking ``(d)(1)'' and inserting 
        ``(d) Method of Transportation Authorized.--(1)''.

    (g) Clerical Amendments.--
            (1) Section heading.--The heading of such section is amended 
        to read as follows:
``Sec. 411h. Travel and transportation allowances: transportation 
                  of designated individuals incident to 
                  hospitalization of members for treatment of 
                  wounds, illness, or injury''.
            (2) Table of sections.--The item relating to such section in 
        the table of sections at the beginning of chapter 7 of such 
        title is amended to read as follows:

``411h. Travel and transportation allowances: transportation of 
           designated individuals incident to hospitalization of members 
           for treatment of wounds, illness, or injury.''.

    (h) Conforming Amendment to Wounded Warrior Act.--Section 1602(4) of 
the Wounded Warrior Act (10 U.S.C. 1071 note) is amended by striking 
``411h(b)(1)'' and inserting ``411h(b)(3)(B)''.
    (i) <<NOTE: 37 USC 411h note.>> Applicability of Amendments.--No 
reimbursement may be provided under section 411h of title 37, United 
States Code, by reason of the amendments made by this section for travel 
and transportation costs incurred before the date of the enactment of 
this Act.
SEC. 633. AUTHORIZED TRAVEL AND TRANSPORTATION ALLOWANCES FOR NON-
                        MEDICAL ATTENDANTS FOR VERY SERIOUSLY AND 
                        SERIOUSLY WOUNDED, ILL, OR INJURED 
                        MEMBERS.

    (a) Payment of Travel Costs Authorized.--
            (1) In general.--Chapter 7 of title 37, United States Code, 
        is amended by inserting after section 411j the following new 
        section:
``Sec. 411k. Travel and transportation allowances: non-medical 
                  attendants for members who are determined to be 
                  very seriously or seriously wounded, ill, or 
                  injured

    ``(a) Allowance for Non-medical Attendant. <<NOTE: Regulations.>> --
Under uniform regulations prescribed by the Secretaries concerned, 
travel and transportation described in subsection (d) may be provided 
for a qualified non-medical attendant for a covered member of the 
uniformed services described in subsection (c) if the attending 
physician or surgeon and the commander or head of the military medical 
facility exercising control over the member determine that the presence 
of such an attendant may contribute to the member's health and welfare.

    ``(b) Qualified Non-medical Attendant.--For purposes of this 
section, a qualified non-medical attendant, with respect to a covered 
member, is an individual who--
            ``(1) is designated by the member to be a non-medical 
        attendant for the member for purposes of this section; and
            ``(2) is determined by the attending physician or surgeon 
        and the commander or head of the military medical facility to be 
        appropriate to serve as a non-medical attendant for the member 
        and whose presence may contribute to the health and welfare of 
        the member.

[[Page 123 STAT. 2363]]

    ``(c) Covered Members.--A member of the uniformed services covered 
by this section is a member who--
            ``(1) as a result of a wound, illness, or injury, has been 
        determined by the attending physician or surgeon to be in the 
        category known as `very seriously wounded, ill, or injured' or 
        `seriously wounded, ill, or injured'; and
            ``(2) is hospitalized for treatment of the wound, illness, 
        or injury or requires continuing outpatient treatment for the 
        wound, illness, or injury.

    ``(d) Authorized Travel and Transportation.--(1) The transportation 
authorized by subsection (a) for a qualified non-medical attendant for a 
member is round-trip transportation between the home of the attendant 
and the location at which the member is receiving treatment and may 
include transportation, while accompanying the member, to any other 
location to which the member is subsequently transferred for further 
treatment. A designated non-medical attendant under this section may not 
also be a designated individual for travel and transportation allowances 
section 411h(a) of this title.
    ``(2) The transportation authorized by subsection (a) includes any 
travel necessary to obtain treatment for the member at the location to 
which the member is permanently assigned.
    ``(3) In addition to the transportation authorized by subsection 
(a), the Secretary concerned may provide a per diem allowance or 
reimbursement for the actual and necessary expenses of the travel, or a 
combination thereof, but not to exceed the rates established under 
section 404(d) of this title.
    ``(4) The transportation authorized by subsection (a) may be 
provided by any of the following means:
            ``(A) Transportation in-kind.
            ``(B) A monetary allowance in place of transportation in-
        kind at a rate to be prescribed by the Secretaries concerned.
            ``(C) Reimbursement for the commercial cost of 
        transportation.

    ``(5) An allowance payable under this subsection may be paid in 
advance.
    ``(6) Reimbursement payable under this subsection may not exceed the 
cost of Government-procured commercial round-trip air travel.''.
            (2) Clerical amendment.--The table of sections at the 
        beginning of such chapter is amended by inserting after the item 
        related to section 411j the following new item:

``411k. Travel and transportation allowances: non-medical attendants for 
           members determined to be very seriously or seriously wounded, 
           ill, or injured.''.

    (b) <<NOTE: 37 USC 411k note.>> Applicability.--No reimbursement may 
be provided under section 411k of title 37, United States Code, as added 
by subsection (a), for travel and transportation costs incurred before 
the date of the enactment of this Act.
SEC. 634. REIMBURSEMENT OF TRAVEL EXPENSES OF MEMBERS OF THE ARMED 
                        FORCES ON ACTIVE DUTY AND THEIR DEPENDENTS 
                        FOR TRAVEL FOR SPECIALTY CARE UNDER 
                        EXCEPTIONAL CIRCUMSTANCES.

    (a) Reimbursement Authorized.--Section 1074i of title 10, United 
States Code, is amended--
            (1) by redesignating subsections (b) and (c) as subsections 
        (c) and (d), respectively; and

[[Page 123 STAT. 2364]]

            (2) by inserting after subsection (a) the following new 
        subsection (b):

    ``(b) Reimbursement for Travel Under Exceptional Circumstances.--The 
Secretary of Defense may provide reimbursement for reasonable travel 
expenses of travel of members of the armed forces on active duty and 
their dependents, and accompaniment, to a specialty care provider not 
otherwise authorized by subsection (a) under such exceptional 
circumstances as the Secretary considers appropriate for purposes of 
this section.''.
    (b) Technical Amendment.--Subsection (a) of such section is amended 
by inserting ``of Defense'' after ``the Secretary''.
SEC. 635. REPORT ON ADEQUACY OF WEIGHT ALLOWANCES FOR 
                        TRANSPORTATION OF BAGGAGE AND HOUSEHOLD 
                        EFFECTS FOR MEMBERS OF THE UNIFORMED 
                        SERVICES.

    (a) Report Required.--Not later than July 1, 2010, the Secretary of 
Defense shall submit to the congressional defense committees a report 
containing--
            (1) a review of the weight allowances provided for the 
        transportation of baggage and household goods under section 
        406(b)(1)(C) of title 37, United States Code; and
            (2) such recommended changes to the weight allowance, 
        including an estimate of the cost of each recommended change, as 
        the Secretary considers appropriate.

    (b) Elements of Review.--The Secretary shall consider whether the 
weight allowances reviewed under subsection (a) are suitable in terms 
of--
            (1) recognizing the societal needs and expectations of 
        families in the United States;
            (2) providing for an appropriate quality of life for members 
        of the Armed Forces in all grades; and
            (3) recognizing the appropriate rewards and prestige 
        associated with promotion to higher military grade, with 
        particular attention to mid-grade and senior noncommissioned 
        officer ranks.

       Subtitle D--Disability, Retired Pay, and Survivor Benefits

SEC. 641. TRANSITION ASSISTANCE FOR RESERVE COMPONENT MEMBERS 
                        INJURED WHILE ON ACTIVE DUTY.

    (a) In General.--Chapter 61 of title 10, United States Code, is 
amended by inserting after section 1218 the following new section:
``Sec. 1218a. Discharge or release from active duty: transition 
                    assistance for reserve component members 
                    injured while on active duty

    ``(a) Provision of Certain Information.--Before a member of a 
reserve component described in subsection (b) is demobilized or 
separated from the armed forces, the Secretary of the military 
department concerned shall provide to the member the following 
information:
            ``(1) Information on the availability of care and 
        administrative processing through community based warrior 
        transition units.

[[Page 123 STAT. 2365]]

            ``(2) Information on the location of the community based 
        warrior transition unit located nearest to the permanent place 
        of residence of the member.

    ``(b) Covered Members. <<NOTE: Applicability.>> --Subsection (a) 
applies to members of a reserve component who are injured while on 
active duty in the armed forces.''.

    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 61 of such title is amended by inserting after the item relating 
to section 1218 the following new item:

``1218a. Discharge or release from active duty: transition assistance 
           for reserve component members injured while on active 
           duty.''.

SEC. 642. RECOMPUTATION OF RETIRED PAY AND ADJUSTMENT OF RETIRED 
                        GRADE OF RESERVE RETIREES TO REFLECT 
                        SERVICE AFTER RETIREMENT.

    (a) Recomputation of Retired Pay.--Section 12739 of title 10, United 
States Code, is amended by adding at the end the following new 
subsection:
    ``(e)(1) If a member of the Retired Reserve is recalled to an active 
status in the Selected Reserve of the Ready Reserve under section 
10145(d) of this title and completes not less than two years of service 
in such active status, the member is entitled to the recomputation under 
this section of the retired pay of the member.
    ``(2) The Secretary concerned may reduce the two-year service 
requirement specified in paragraph (1) in the case of a member who--
            ``(A) is recalled to serve in a position of adjutant general 
        required under section 314 of title 32 or in a position of 
        assistant adjutant general subordinate to such a position of 
        adjutant general;
            ``(B) completes at least one year of service in such 
        position; and
            ``(C) fails to complete the minimum two years of service 
        solely because the appointment of the member to such position is 
        terminated or vacated as described in section 324(b) of title 
        32.''.

    (b) Adjustment of Retired Grade.--Section 12771 of such title is 
amended--
            (1) by striking ``Unless'' and inserting ``(a) Grade on 
        Transfer.--Unless''; and
            (2) by adding at the end the following new subsection:

    ``(b) Effect of Subsequent Recall to Active Status.--(1) If a member 
of the Retired Reserve who is a commissioned officer is recalled to an 
active status in the Selected Reserve of the Ready Reserve under section 
10145(d) of this title and completes not less than two years of service 
in such active status, the member is entitled to an adjustment in the 
retired grade of the member in the manner provided in section 1370(d) of 
this title.
    ``(2) The Secretary concerned may reduce the two-year service 
requirement specified in paragraph (1) in the case of a member who--
            ``(A) is recalled to serve in a position of adjutant general 
        required under section 314 of title 32 or in a position of 
        assistant adjutant general subordinate to such a position of 
        adjutant general;
            ``(B) completes at least one year of service in such 
        position; and

[[Page 123 STAT. 2366]]

            ``(C) fails to complete the minimum two years of service 
        solely because the appointment of the member to such position is 
        terminated or vacated as described in section 324(b) of title 
        32.''.
SEC. 643. ELECTION TO RECEIVE RETIRED PAY FOR NON-REGULAR SERVICE 
                        UPON RETIREMENT FOR SERVICE IN AN ACTIVE 
                        RESERVE STATUS PERFORMED AFTER ATTAINING 
                        ELIGIBILITY FOR REGULAR RETIREMENT.

    (a) Election Authority; Requirements.--Subsection (a) of section 
12741 of title 10, United States Code, is amended to read as follows:
    ``(a) Authority to Elect to Receive Reserve Retired Pay.--(1) 
Notwithstanding the requirement in paragraph (4) of section 12731(a) of 
this title that a person may not receive retired pay under this chapter 
when the person is entitled, under any other provision of law, to 
retired pay or retainer pay, a person may elect to receive retired pay 
under this chapter, instead of receiving retired or retainer pay under 
chapter 65, 367, 571, or 867 of this title, if the person--
            ``(A) satisfies the requirements specified in paragraphs (1) 
        and (2) of such section for entitlement to retired pay under 
        this chapter;
            ``(B) served in an active status in the Selected Reserve of 
        the Ready Reserve after becoming eligible for retirement under 
        chapter 65, 367, 571, or 867 of this title (without regard to 
        whether the person actually retired or received retired or 
        retainer pay under one of those chapters); and
            ``(C) completed not less than two years of satisfactory 
        service (as determined by the Secretary concerned) in such 
        active status (excluding any period of active service).

    ``(2) The Secretary concerned may reduce the minimum two-year 
service requirement specified in paragraph (1)(C) in the case of a 
person who--
            ``(A) completed at least one year of service in a position 
        of adjutant general required under section 314 of title 32 or in 
        a position of assistant adjutant general subordinate to such a 
        position of adjutant general; and
            ``(B) failed to complete the minimum years of service solely 
        because the appointment of the person to such position was 
        terminated or vacated as described in section 324(b) of title 
        32.''.

    (b) Actions to Effectuate Election.--Subsection (b) of such section 
is amended by striking paragraph (1) and inserting the following new 
paragraph:
            ``(1) terminate the eligibility of the person to retire 
        under chapter 65, 367, 571, or 867 of this title, if the person 
        is not already retired under one of those chapters, and 
        terminate entitlement of the person to retired or retainer pay 
        under one of those chapters, if the person was already receiving 
        retired or retainer pay under one of those chapters; and''.

    (c) Conforming Amendment to Reflect New Variable Age Requirement for 
Retirement.--Subsection (d) of such section is amended--
            (1) in paragraph (1), by striking ``attains 60 years of 
        age'' and inserting ``attains the eligibility age applicable to 
        the person under section 12731(f) of this title''; and

[[Page 123 STAT. 2367]]

            (2) in paragraph (2)(A), by striking ``attains 60 years of 
        age'' and inserting ``attains the eligibility age applicable to 
        the person under such section''.

    (d) Retired Pay Base.--
            (1) Members becoming members before september 8, 1980.--
        Section 1406(b)(2) of such title is amended by inserting after 
        ``when retired pay is granted'' the following: ``(or, in the 
        case of a person entitled to retired pay by reason of an 
        election under section 12741(a) of this title, at rates 
        applicable on the date the person completes the service required 
        under such section 12741(a))''.
            (2) Members becoming members after september 7, 1980.--
        Section 1407(d)(4) of such title is amended by inserting after 
        ``became entitled to retired pay'' the following: ``or, in the 
        case of a member or former member entitled to retired pay by 
        reason of an election under section 12741(a) of this title, 
        before the member or former member completes the service 
        required under such section 12741(a),''.

    (e) Clerical Amendments.--
            (1) Section heading.--The heading for section 12741 of such 
        title is amended to read as follows:
``Sec. 12741. Retirement for service in an active status performed 
                    in the Selected Reserve of the Ready Reserve 
                    after eligibility for regular retirement''.
            (2) Table of sections.--The table of sections at the 
        beginning of chapter 1223 of such title is amended by striking 
        the item relating to section 12741 and inserting the following 
        new item:

``12741. Retirement for service in an active status performed in the 
           Selected Reserve of the Ready Reserve after eligibility for 
           regular retirement.''.

SEC. 644. REPORT ON RE-DETERMINATION PROCESS FOR PERMANENTLY 
                        INCAPACITATED DEPENDENTS OF RETIRED AND 
                        DECEASED MEMBERS OF THE ARMED FORCES.

    (a) Report Required.--Not later than 180 days after the date of the 
enactment of this Act, the Secretary of Defense shall submit to Congress 
a report on the re-determination process of the Department of Defense 
used to determine the eligibility of permanently incapacitated 
dependents of retired and deceased members of the Armed Forces for 
benefits provided under laws administered by the Secretary.
    (b) Elements.--The report required by subsection (a) shall include 
the following:
            (1) An assessment of the re-determination process, including 
        the following:
                    (A) The rationale for requiring a quadrennial 
                recertification of financial support after issuance of a 
                permanent identification card to a permanently 
                incapacitated dependent.
                    (B) The administrative and other burdens the 
                quadrennial recertification imposes on the affected 
                sponsor and dependents, especially after the sponsor 
                becomes ill, incapacitated, or deceased.
                    (C) The extent to which the quadrennial 
                recertification undermines the utility of issuing a 
                permanent identification card.

[[Page 123 STAT. 2368]]

                    (D) The extent of the consequences entailed in 
                eliminating the requirement for quadrennial 
                recertification.
            (2) Specific recommendations for the following:
                    (A) Improving the efficiency of the recertification 
                process.
                    (B) Minimizing the burden of such process on the 
                sponsors of such dependents.
                    (C) Eliminating the requirement for quadrennial 
                recertification.
SEC. 645. <<NOTE: 10 USC 1401 note.>> TREATMENT AS ACTIVE SERVICE 
                        FOR RETIRED PAY PURPOSES OF SERVICE AS 
                        MEMBER OF ALASKA TERRITORIAL GUARD DURING 
                        WORLD WAR II.

    (a) In General.--Service as a member of the Alaska Territorial Guard 
during World War II of any individual who was honorably discharged 
therefrom under section 8147 of the Department of Defense Appropriations 
Act, 2001 (Public Law 106-259; 114 Stat. 705) shall be treated as active 
service for purposes of the computation under chapter 61, 71, 371, 571, 
871, or 1223 of title 10, United States Code, as applicable, of the 
retired pay to which such individual may be entitled under title 10, 
United States Code.
    (b) Applicability. <<NOTE: Effective date.>> --Subsection (a) shall 
apply with respect to amounts of retired pay payable under title 10, 
United States Code, for months beginning on or after the date of the 
enactment of this Act. No retired pay shall be paid to any individual by 
reason of subsection (a) for any period before that date.

    (c) World War II Defined.--In this section, the term ``World War 
II'' has the meaning given that term in section 101(8) of title 38, 
United States Code.

Subtitle E--Commissary and Nonappropriated Fund Instrumentality Benefits 
                             and Operations

SEC. 651. <<NOTE: Contracts.>> LIMITATION ON DEPARTMENT OF DEFENSE 
                        ENTITIES OFFERING PERSONAL INFORMATION 
                        SERVICES TO MEMBERS AND THEIR DEPENDENTS.

    (a) Imposition of Limitation.--Subchapter III of chapter 147 of 
title 10, United States Code, is amended by inserting after section 2492 
the following new section:
``Sec. 2492a. Limitation on Department of Defense entities 
                    competing with private sector in offering 
                    personal information services

    ``(a) Limitation.--(1) Notwithstanding section 2492 of this title, 
the Secretary of Defense may not authorize a Department of Defense 
entity to offer or provide personal information services directly to 
users using Department resources, personnel, or equipment, or compete 
for contracts to provide such personal information services directly to 
users, if users will be charged a fee for the personal information 
services to recover the cost incurred to provide the services or to earn 
a profit.
    ``(2) The limitation in paragraph (1) shall not be construed to 
prohibit or preclude the use of Department resources, personnel,

[[Page 123 STAT. 2369]]

or equipment to administer or facilitate personal information services 
contracts with private contractors.
    ``(b) Exceptions.--The limitation in subsection (a) shall not apply 
if the Secretary of Defense determines that--
            ``(1) a private sector vendor is not available to provide 
        the personal information services at specific locations;
            ``(2) the interests of the user population would be best 
        served by allowing the Government to provide such services; or
            ``(3) circumstances (as specified by the Secretary for 
        purposes of this section) are such that the provision of such 
        services by a Department entity is in the best interest of the 
        Government or military users in general.

    ``(c) Personal Information Services Defined.--In this section, the 
term `personal information services' means the provision of Internet, 
telephone, or television services to consumers.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
such subchapter is amended by inserting after section 2492 the following 
new item:

``2492a. Limitation on Department of Defense entities competing with 
           private sector in offering personal information services.''.

    (c) <<NOTE: 10 USC 2492a note.>>  Effect on Existing Contracts.--
Section 2492a of title 10, United States Code, as added by subsection 
(a), does not affect the validity or terms of any contract for the 
provision of personal information services entered into before the date 
of the enactment of this Act.
SEC. 652. REPORT ON IMPACT OF PURCHASING FROM LOCAL DISTRIBUTORS 
                        ALL ALCOHOLIC BEVERAGES FOR RESALE ON 
                        MILITARY INSTALLATIONS ON GUAM.

    (a) Report Required.--Not later than 180 days after the date of the 
enactment of this Act, the Comptroller General shall submit to the 
Committees on Armed Services of the Senate and the House of 
Representatives a report evaluating the impact of reimposing the 
requirement, effective for fiscal year 2008 pursuant to section 8073 of 
the Department of Defense Appropriations Act, 2008 (division A of Public 
Law 110-116; 121 Stat. 1331) but not extended for fiscal year 2009, that 
all alcoholic beverages intended for resale on military installations on 
Guam be purchased from local sources.
    (b) Elements.--The report required by subsection (a) shall include 
the following:
            (1) The concerns of nonappropriated funds activities over 
        the one-year imposition of the local-purchase requirement and 
        the impact the requirement had on alcohol resale prices.
            (2) The stated justification for any change in the price of 
        alcoholic beverages for resale on military installations on 
        Guam.
            (3) The actions of the nonappropriated fund activities in 
        complying with the local purchase requirements for resale of 
        alcoholic beverages and their purchase of such affected products 
        before and after the effective date of the provision of law 
        referred to in subsection (a).
            (4) The extent to which nonappropriated funds activities on 
        military installations on Guam are implementing the applicable 
        Department of Defense instruction and the methods used to 
        determine the resale price of alcoholic beverages.

[[Page 123 STAT. 2370]]

                        Subtitle F--Other Matters

SEC. 661. LIMITATIONS ON COLLECTION OF OVERPAYMENTS OF PAY AND 
                        ALLOWANCES ERRONEOUSLY PAID TO MEMBERS.

    (a) Maximum Monthly Percentage of Member's Pay Authorized for 
Deduction.--Paragraph (3) of subsection (c) of section 1007 of title 37, 
United States Code, is amended by striking ``20 percent'' and inserting 
``15 percent''.
    (b) Requests for Delay in Repayment.--Such paragraph is further 
amended--
            (1) by inserting ``(A)'' after ``(3)''; and
            (2) by adding at the end the following new subparagraph:

    ``(B) In all cases described in subparagraph (A), the Secretary 
concerned shall provide a reasonable opportunity for the member to 
request a delay in the imposition of the repayment requirement to 
recover the indebtedness. Before beginning collection efforts, the 
Secretary concerned shall consider the reasons provided by the member 
for the requested delay, including the financial ability of the member 
to repay the indebtedness, and the hardship that immediate collection 
would impose on the member and the member's dependents.''.
    (c) Delay in Instituting Collections From Wounded or Injured 
Members.--Paragraph (4) of such subsection is amended to read as 
follows:
    ``(4)(A) If a member of the uniformed services, through no fault of 
the member, incurs a wound, injury, or illness while in the line of duty 
in a combat operation or combat zone designated by the President or the 
Secretary of Defense, any overpayment of pay or allowances made to the 
member while the member recovers from the wound, injury, or illness may 
not be deducted from the member's pay until--
            ``(i) <<NOTE: Notification.>> the member is notified of the 
        overpayment; and
            ``(ii) <<NOTE: Time periods.>> the later of the following 
        occurs:
                    ``(I) The end of the 180-day period beginning on the 
                date of the completion of the tour of duty of the member 
                in the combat operation or combat zone.
                    ``(II) The end of the 90-day period beginning on the 
                date of the reassignment of the member from a military 
                treatment facility or other medical unit outside of the 
                theater of operations.

    ``(B) Subparagraph (A) shall not apply if the member, after 
receiving notification of the overpayment, requests or consents to 
initiation at an earlier date of the collection of the overpayment of 
the pay or allowances.''.
    (d) Effective Date. <<NOTE: 37 USC 1007 note.>> --The amendments 
made by this section shall apply only with respect to an overpayment of 
pay or allowances made to a member of the uniformed services after the 
date of the enactment of this Act.
SEC. 662. SENSE OF CONGRESS ON AIRFARES FOR MEMBERS OF THE ARMED 
                        FORCES.

    It is the sense of Congress that--
            (1) all United States commercial air carriers should seek to 
        lend their support with flexible, generous policies applicable 
        to members of the Armed Forces who are traveling on leave or 
        liberty at their own expense; and

[[Page 123 STAT. 2371]]

            (2) each United States air carrier, for all members of the 
        Armed Forces who have been granted leave or liberty and who are 
        traveling by air at their own expense, should--
                    (A) seek to provide reduced air fares that are 
                comparable to the lowest airfare for ticketed flights 
                and that eliminate to the maximum extent possible 
                advance purchase requirements;
                    (B) seek to eliminate change fees or charges and any 
                penalties;
                    (C) seek to eliminate or reduce baggage and excess 
                weight fees;
                    (D) offer flexible terms that allow members to 
                purchase, modify, or cancel tickets without time 
                restrictions, and to waive fees (including baggage 
                fees), ancillary costs, or penalties; and
                    (E) seek to take proactive measures to ensure that 
                all airline employees, particularly those who issue 
                tickets and respond to members of the Armed Forces and 
                their family members, are trained in the policies of the 
                airline aimed at benefitting members of the Armed Forces 
                who are on leave.
SEC. 663. SENSE OF CONGRESS ON ESTABLISHMENT OF FLEXIBLE SPENDING 
                        ARRANGEMENTS FOR THE UNIFORMED SERVICES.

    (a) In General.--It is the sense of Congress that the Secretary of 
Defense, with respect to members of the Army, Navy, Marine Corps, and 
Air Force, the Secretary of Homeland Security, with respect to members 
of the Coast Guard, the Secretary of Health and Human Services, with 
respect to commissioned officers of the Public Health Service, and the 
Secretary of Commerce, with respect to commissioned officers of the 
National Oceanic and Atmospheric Administration, should establish 
procedures to implement flexible spending arrangements with respect to 
basic pay and compensation for health care and dependent care on a pre-
tax basis in accordance with regulations prescribed under sections 
106(c) and 125 of the Internal Revenue Code of 1986.
    (b) Considerations.--It is the sense of Congress that, in 
establishing the procedures described by subsection (a), the Secretary 
of Defense, the Secretary of Homeland Security, the Secretary of Health 
and Human Services, and the Secretary of Commerce should consider life 
events of members of the uniformed services that are unique to them as 
members of the uniformed services, including changes relating to 
permanent changes of duty station and deployments to overseas 
contingency operations.
SEC. 664. SENSE OF CONGRESS REGARDING SUPPORT FOR COMPENSATION, 
                        RETIREMENT, AND OTHER MILITARY PERSONNEL 
                        PROGRAMS.

    It is the sense of Congress that members of the Armed Forces and 
their families and survivors and military retirees deserve ongoing 
recognition and support for their service and sacrifices on behalf of 
the United States, and Congress will continue to be vigilant in 
identifying appropriate direct spending offsets that can be used to 
address shortcomings within those military personnel programs that incur 
mandatory spending obligations.

[[Page 123 STAT. 2372]]

                    TITLE VII--HEALTH CARE PROVISIONS

               Subtitle A--Improvements to Health Benefits

Sec. 701. Prohibition on conversion of military medical and dental 
           positions to civilian medical and dental positions.
Sec. 702. Health care for members of the reserve components.
Sec. 703. Enhancement of transitional dental care for members of the 
           reserve components on active duty for more than 30 days in 
           support of a contingency operation.
Sec. 704. Expansion of survivor eligibility under TRICARE dental 
           program.
Sec. 705. TRICARE Standard coverage for certain members of the Retired 
           Reserve who are qualified for a non-regular retirement but 
           are not yet age 60.
Sec. 706. Constructive eligibility for TRICARE benefits of certain 
           persons otherwise ineligible under retroactive determination 
           of entitlement to Medicare part A hospital insurance 
           benefits.
Sec. 707. Notification of certain individuals regarding options for 
           enrollment under Medicare part B.
Sec. 708. Mental health assessments for members of the Armed Forces 
           deployed in connection with a contingency operation.
Sec. 709. Temporary TRICARE inpatient fee modification.

                 Subtitle B--Health Care Administration

Sec. 711. Comprehensive policy on pain management by the military health 
           care system.
Sec. 712. Administration and prescription of psychotropic medications 
           for members of the Armed Forces before and during deployment.
Sec. 713. Cooperative health care agreements between military 
           installations and non-military health care systems.
Sec. 714. Plan to increase the mental health capabilities of the 
           Department of Defense.
Sec. 715. Department of Defense study on management of medications for 
           physically and psychologically wounded members of the Armed 
           Forces.
Sec. 716. Limitation on obligation of funds under defense health program 
           information technology programs.

                        Subtitle C--Other Matters

Sec. 721. Study and plan to improve military health care.
Sec. 722. Study, plan, and pilot for the mental health care needs of 
           dependent children of members of the Armed Forces.
Sec. 723. Clinical trial on cognitive rehabilitative therapy for members 
           and former members of the Armed Forces.
Sec. 724. Department of Defense Task Force on the Care, Management, and 
           Transition of Recovering Wounded, Ill, and Injured Members of 
           the Armed Forces.
Sec. 725. Chiropractic clinical trials.
Sec. 726. Independent study on post-traumatic stress disorder efforts.
Sec. 727. Report on implementation of requirements on the relationship 
           between the TRICARE program and employer-sponsored group 
           health plans.
Sec. 728. Report on stipends for members of reserve components for 
           health care for certain dependents.

               Subtitle A--Improvements to Health Benefits

SEC. 701. PROHIBITION ON CONVERSION OF MILITARY MEDICAL AND DENTAL 
                        POSITIONS TO CIVILIAN MEDICAL AND DENTAL 
                        POSITIONS.

    Subsection (a) of section 721 of the National Defense Authorization 
Act for Fiscal Year 2008 (Public Law 110-181; 122 Stat. 198; 10 U.S.C. 
129c note) is amended--
            (1) by striking ``during the period beginning on'' and 
        inserting ``on or after''; and
            (2) by striking ``, and ending on September 30, 2012''.

[[Page 123 STAT. 2373]]

SEC. 702. HEALTH CARE FOR MEMBERS OF THE RESERVE COMPONENTS.

    Section 1074(d)(1)(B) of title 10, United States Code, is amended by 
striking ``90 days'' and inserting ``180 days''.
SEC. 703. ENHANCEMENT OF TRANSITIONAL DENTAL CARE FOR MEMBERS OF 
                        THE RESERVE COMPONENTS ON ACTIVE DUTY FOR 
                        MORE THAN 30 DAYS IN SUPPORT OF A 
                        CONTINGENCY OPERATION.

    Section 1145(a) of title 10, United States Code, is amended--
            (1) in paragraph (1)--
                    (A) in the matter preceding subparagraph (A), by 
                striking ``paragraph (3)'' and inserting ``paragraph 
                (4)''; and
                    (B) in subparagraph (A), by inserting ``except as 
                provided in paragraph (3),'' before ``medical and dental 
                care'';
            (2) by redesignating paragraphs (3), (4), (5), and (6) as 
        paragraphs (4), (5), (6), and (7), respectively;
            (3) by inserting after paragraph (2) the following new 
        paragraph (3):

    ``(3) In the case of a member described in paragraph (2)(B), the 
dental care to which the member is entitled under this subsection shall 
be the dental care to which a member of the uniformed services on active 
duty for more than 30 days is entitled under section 1074 of this 
title.'';
            (4) in paragraph (4), as redesignated by paragraph (2) of 
        this section, by striking ``paragraph (6)'' and inserting 
        ``paragraph (7)''; and
            (5) in subparagraph (A) of paragraph (6), as redesignated by 
        paragraph (2) of this section, by striking ``paragraph (4)'' and 
        inserting ``paragraph (5)''.
SEC. 704. EXPANSION OF SURVIVOR ELIGIBILITY UNDER TRICARE DENTAL 
                        PROGRAM.

    Paragraph (3) of section 1076a(k) of title 10, United States Code, 
is amended to read as follows:
    ``(3) <<NOTE: Time periods.>> Such term does not include a dependent 
by reason of paragraph (2) after the end of the three-year period 
beginning on the date of the member's death, except that, in the case of 
a dependent of the deceased who is described by subparagraph (D) or (I) 
of section 1072(2) of this title, the period of continued eligibility 
shall be the longer of the following periods beginning on such date:
            ``(A) Three years.
            ``(B) The period ending on the date on which such dependent 
        attains 21 years of age.
            ``(C) In the case of such dependent who, at 21 years of age, 
        is enrolled in a full-time course of study in a secondary school 
        or in a full-time course of study in an institution of higher 
        education approved by the administering Secretary and was, at 
        the time of the member's death, in fact dependent on the member 
        for over one-half of such dependent's support, the period ending 
        on the earlier of the following dates:
                    ``(i) The date on which such dependent ceases to 
                pursue such a course of study, as determined by the 
                administering Secretary.
                    ``(ii) The date on which such dependent attains 23 
                years of age.''.

[[Page 123 STAT. 2374]]

SEC. 705. TRICARE STANDARD COVERAGE FOR CERTAIN MEMBERS OF THE 
                        RETIRED RESERVE WHO ARE QUALIFIED FOR A 
                        NON-REGULAR RETIREMENT BUT ARE NOT YET AGE 
                        60.

    (a) In General.--Chapter 55 of title 10, United States Code, is 
amended by inserting after section 1076d the following new section:
``Sec. 1076e. TRICARE program: TRICARE Standard coverage for 
                    certain members of the Retired Reserve who are 
                    qualified for a non-regular retirement but are 
                    not yet age 60

    ``(a) Eligibility.--(1) Except as provided in paragraph (2), a 
member of the Retired Reserve of a reserve component of the armed forces 
who is qualified for a non-regular retirement at age 60 under chapter 
1223 of this title, but is not age 60, is eligible for health benefits 
under TRICARE Standard as provided in this section.
    ``(2) Paragraph (1) does not apply to a member who is enrolled, or 
is eligible to enroll, in a health benefits plan under chapter 89 of 
title 5.
    ``(b) Termination of Eligibility Upon Obtaining Other TRICARE 
Standard Coverage.--Eligibility for TRICARE Standard coverage of a 
member under this section shall terminate upon the member becoming 
eligible for TRICARE Standard coverage at age 60 under section 1086 of 
this title.
    ``(c) Family Members.--While a member of a reserve component is 
covered by TRICARE Standard under this section, the members of the 
immediate family of such member are eligible for TRICARE Standard 
coverage as dependents of the member. If a member of a reserve component 
dies while in a period of coverage under this section, the eligibility 
of the members of the immediate family of such member for TRICARE 
Standard coverage under this section shall continue for the same period 
of time that would be provided under section 1086 of this title if the 
member had been eligible at the time of death for TRICARE Standard 
coverage under such section (instead of under this section).
    ``(d) Premiums.--(1) A member of a reserve component covered by 
TRICARE Standard under this section shall pay a premium for that 
coverage.
    ``(2) The Secretary of Defense shall prescribe for the purposes of 
this section one premium for TRICARE Standard coverage of members 
without dependents and one premium for TRICARE Standard coverage of 
members with dependents referred to in subsection 
(f)(1). <<NOTE: Applicability.>> The premium prescribed for a coverage 
shall apply uniformly to all members of the reserve components covered 
under this section.

    ``(3) The monthly amount of the premium in effect for a month for 
TRICARE Standard coverage under this section shall be the amount equal 
to the cost of coverage that the Secretary determines on an appropriate 
actuarial basis.
    ``(4) <<NOTE: Procedures.>> The Secretary shall prescribe the 
requirements and procedures applicable to the payment of premiums under 
this subsection.

    ``(5) Amounts collected as premiums under this subsection shall be 
credited to the appropriation available for the Defense Health Program 
Account under section 1100 of this title, shall be merged with sums in 
such Account that are available for the fiscal year

[[Page 123 STAT. 2375]]

in which collected, and shall be available under subsection (b) of such 
section for such fiscal year.
    ``(e) Regulations.--The Secretary of Defense, in consultation with 
the other administering Secretaries, shall prescribe regulations for the 
administration of this section.
    ``(f) Definitions.--In this section:
            ``(1) The term `immediate family', with respect to a member 
        of a reserve component, means all of the member's dependents 
        described in subparagraphs (A), (D), and (I) of section 1072(2) 
        of this title.
            ``(2) The term `TRICARE Standard' means--
                    ``(A) medical care to which a dependent described in 
                section 1076(b)(1) of this title is entitled; and
                    ``(B) health benefits contracted for under the 
                authority of section 1086(a) of this title and subject 
                to the same rates and conditions as apply to persons 
                covered under that section.''.

    (b) Clerical Amendment.--The table of sections at the beginning of 
such chapter is amended by inserting after the item relating to section 
1076d the following new item:

``1076e. TRICARE program: TRICARE Standard coverage for certain members 
           of the Retired Reserve who are qualified for a non-regular 
           retirement but are not yet age 60.''.

    (c) Effective Date <<NOTE: 10 USC 1076e note.>> .--Section 1076e of 
title 10, United States Code, as inserted by subsection (a), shall apply 
to coverage for months beginning on or after October 1, 2009, or such 
earlier date as the Secretary of Defense may specify.
SEC. 706. CONSTRUCTIVE ELIGIBILITY FOR TRICARE BENEFITS OF CERTAIN 
                        PERSONS OTHERWISE INELIGIBLE UNDER 
                        RETROACTIVE DETERMINATION OF ENTITLEMENT 
                        TO MEDICARE PART A HOSPITAL INSURANCE 
                        BENEFITS.

    Section 1086(d) of title 10, United States Code, is amended--
            (1) by redesignating paragraph (4) as paragraph (5); and
            (2) by inserting after paragraph (3) the following new 
        paragraph (4):

    ``(4)(A) If a person referred to in subsection (c) and described by 
paragraph (2)(B) is subject to a retroactive determination by the Social 
Security Administration of entitlement to hospital insurance benefits 
described in paragraph (1), the person shall, during the period 
described in subparagraph (B), be deemed for purposes of health benefits 
under this section--
            ``(i) not to have been covered by paragraph (1); and
            ``(ii) not to have been subject to the requirements of 
        section 1079(j)(1) of this title, whether through the operation 
        of such section or subsection (g) of this section.

    ``(B) The period described in this subparagraph with respect to a 
person covered by subparagraph (A) is the period that--
            ``(i) begins on the date that eligibility of the person for 
        hospital insurance benefits referred to in paragraph (1) is 
        effective under the retroactive determination of eligibility 
        with respect to the person as described in subparagraph (A); and
            ``(ii) ends on the date of the issuance of such retroactive 
        determination of eligibility by the Social Security 
        Administration.''.

[[Page 123 STAT. 2376]]

SEC. 707. NOTIFICATION OF CERTAIN INDIVIDUALS REGARDING OPTIONS 
                        FOR ENROLLMENT UNDER MEDICARE PART B.

    (a) In General.--Chapter 55 of title 10, United States Code, is 
amended by adding at the end the following new section:
``Sec. 1110a. Notification of certain individuals regarding 
                    options for enrollment under Medicare part B

    ``(a) In General.--(1) As soon as practicable, the Secretary of 
Defense shall notify each individual described in subsection (b)--
            ``(A) that the individual is no longer eligible for health 
        care benefits under the TRICARE program under this chapter; and
            ``(B) of options available for enrollment of the individual 
        in the supplementary medical insurance program under part B of 
        title XVIII of the Social Security Act (42 U.S.C. 1395j et 
        seq.).

    ``(2) In carrying out this subsection, the Secretary of Defense 
shall--
            ``(A) <<NOTE: Procedures.>> establish procedures for 
        identifying individuals described in subsection (b); and
            ``(B) <<NOTE: Consultation.>> consult with the Secretary of 
        Health and Human Services to accurately identify and notify such 
        individuals.

    ``(b) Individuals Described.--An individual described in this 
subsection is an individual who is--
            ``(1) a covered beneficiary;
            ``(2) entitled to benefits under part A of title XVIII of 
        the Social Security Act (42 U.S.C. 1395c) under section 226(b) 
        or section 226A of such Act (42 U.S.C. 426(b) and 426-1); and
            ``(3) eligible to enroll in the supplementary medical 
        insurance program under part B of such title (42 U.S.C. 1395j et 
        seq.).''.

    (b) Clerical Amendment.--The table of sections at the beginning of 
such chapter is amended by inserting after the item relating to section 
1110 the following new item:

``1110a. Notification of certain individuals regarding options for 
           enrollment under Medicare part B.''.

SEC. 708. <<NOTE: 10 USC 1074f note.>> MENTAL HEALTH ASSESSMENTS 
                        FOR MEMBERS OF THE ARMED FORCES DEPLOYED 
                        IN CONNECTION WITH A CONTINGENCY 
                        OPERATION.

    (a) Mental Health Assessments.--
            (1) In general. <<NOTE: Deadline. Guidance. Time 
        periods.>> --Not later than 180 days after the date of the 
        enactment of this Act, the Secretary of Defense shall issue 
        guidance for the provision of a person-to-person mental health 
        assessment for each member of the Armed Forces who is deployed 
        in connection with a contingency operation as follows:
                    (A) At a time during the period beginning 60 days 
                before the date of deployment in connection with the 
                contingency operation.
                    (B) At a time during the period beginning 90 days 
                after the date of redeployment from the contingency 
                operation and ending 180 days after the date of 
                redeployment from the contingency operation.

[[Page 123 STAT. 2377]]

                    (C) <<NOTE: Deadline.>> Subject to subsection (d), 
                not later than each of 6 months, 12 months, and 24 
                months after return from deployment.
            (2) Exclusion of certain members.--A mental health 
        assessment is not required for a member of the Armed Forces 
        under subparagraphs (B) and (C) of paragraph (1) if the 
        Secretary determines that the member was not subjected or 
        exposed to operational risk factors during deployment in the 
        contingency operation concerned.

    (b) Purpose.--The purpose of the mental health assessments provided 
pursuant to this section shall be to identify post-traumatic stress 
disorder, suicidal tendencies, and other behavioral health conditions 
identified among members of the Armed Forces described in subsection (a) 
in order to determine which such members are in need of additional care 
and treatment for such health conditions.
    (c) Elements.--
            (1) In general.--The mental health assessments provided 
        pursuant to this section shall--
                    (A) be performed by personnel trained and certified 
                to perform such assessments and may be performed by 
                licensed mental health professionals if such 
                professionals are available and the use of such 
                professionals for the assessments would not impair the 
                capacity of such professionals to perform higher 
                priority tasks;
                    (B) include a person-to-person dialogue between 
                members of the Armed Forces described in subsection (a) 
                and the professionals or personnel described by 
                paragraph (1), as applicable, on such matters as the 
                Secretary shall specify in order that the assessments 
                achieve the purpose specified in subsection (b) for such 
                assessments;
                    (C) be conducted in a private setting to foster 
                trust and openness in discussing sensitive health 
                concerns; and
                    (D) be provided in a consistent manner across the 
                military departments.
            (2) Treatment of current assessments.--The Secretary may 
        treat periodic health assessments and other person-to-person 
        assessments that are provided to members of the Armed Forces as 
        of the date of the enactment of this Act as meeting the 
        requirements for mental health assessments required under this 
        section if the Secretary determines that such assessments and 
        person-to-person assessments meet the requirements for mental 
        health assessments established by this section.

    (d) Cessation of Assessments.--No mental health assessment is 
required to be provided to an individual under subsection (a)(1)(C) 
after the individual's discharge or release from the Armed Forces.
    (e) Sharing of Information.--
            (1) In general.--The Secretary of Defense shall share with 
        the Secretary of Veterans Affairs such information on members of 
        the Armed Forces that is derived from confidential mental health 
        assessments, including mental health assessments provided 
        pursuant to this section and health assessments and other 
        person-to-person assessments provided before the date of the 
        enactment of this Act, as the Secretary of Defense and the 
        Secretary of Veterans Affairs jointly consider appropriate to 
        ensure continuity of mental health care and treatment of members 
        of the Armed Forces during their transition from health care and 
        treatment provided by the Department of

[[Page 123 STAT. 2378]]

        Defense to health care and treatment provided by the Department 
        of Veterans Affairs.
            (2) Protocols.--Any sharing of information under paragraph 
        (1) shall occur pursuant to a protocol jointly established by 
        the Secretary of Defense and the Secretary of Veterans Affairs 
        for purposes of this subsection. Any such protocol shall be 
        consistent with the following:
                    (A) Applicable provisions of the Wounded Warrior Act 
                (title XVI of Public Law 110-181; 10 U.S.C. 1071 note), 
                including in particular, section 1614 of that Act (122 
                Stat. 443; 10 U.S.C. 1071 note).
                    (B) Section 1720F of title 38, United States Code.

    (f) Contingency Operation Defined.--In this section, the term 
``contingency operation'' has the meaning given that term in section 
101(a)(13) of title 10, United States Code.
    (g) Reports.--
            (1) Report on guidance.--Upon the issuance of the guidance 
        required by subsection (a), the Secretary of Defense shall 
        submit to Congress a report describing the guidance.
            (2) Reports on implementation of guidance.--
                    (A) Initial report.--Not later than 270 days after 
                the date of the issuance of the guidance, the Secretary 
                shall submit to Congress an initial report on the 
                implementation of the guidance by the military 
                departments.
                    (B) Subsequent report.--Not later than two years 
                after the date of the issuance of the guidance, the 
                Secretary shall submit to Congress a report on the 
                implementation of the guidance by the military 
                departments. The report shall include an evidence-based 
                assessment of the effectiveness of the mental health 
                assessments provided pursuant to the guidance in 
                achieving the purpose specified in subsection (b) for 
                such assessments.
SEC. 709. TEMPORARY TRICARE INPATIENT FEE MODIFICATION.

    Section 1086(b)(3) of title 10, United States Code, is amended by 
striking ``September 30, 2009'' and inserting ``September 30, 2010''.

                 Subtitle B--Health Care Administration

SEC. 711. <<NOTE: 10 USC 1071 note.>> COMPREHENSIVE POLICY ON PAIN 
                        MANAGEMENT BY THE MILITARY HEALTH CARE 
                        SYSTEM.

    (a) Comprehensive Policy Required. <<NOTE: Deadline.>> --Not later 
than March 31, 2011, the Secretary of Defense shall develop and 
implement a comprehensive policy on pain management by the military 
health care system.

    (b) Scope of Policy.--The policy required by subsection (a) shall 
cover each of the following:
            (1) The management of acute and chronic pain.
            (2) The standard of care for pain management to be used 
        throughout the Department of Defense.
            (3) The consistent application of pain assessments 
        throughout the Department of Defense.

[[Page 123 STAT. 2379]]

            (4) The assurance of prompt and appropriate pain care 
        treatment and management by the Department when medically 
        necessary.
            (5) Programs of research related to acute and chronic pain, 
        including pain attributable to central and peripheral nervous 
        system damage characteristic of injuries incurred in modern 
        warfare, brain injuries, and chronic migraine headache.
            (6) Programs of pain care education and training for health 
        care personnel of the Department.
            (7) Programs of patient education for members suffering from 
        acute or chronic pain and their families.

    (c) Updates.--The Secretary shall revise the policy required by 
subsection (a) on a periodic basis in accordance with experience and 
evolving best practice guidelines.
    (d) Annual Report.--
            (1) In general.--Not later than 180 days after the date of 
        the commencement of the implementation of the policy required by 
        subsection (a), and on October 1 each year thereafter through 
        2018, the Secretary shall submit to the Committee on Armed 
        Services of the Senate and the Committee on Armed Services of 
        the House of Representatives a report on the policy.
            (2) Elements.--Each report required by paragraph (1) shall 
        include the following:
                    (A) A description of the policy implemented under 
                subsection (a), and any revisions to such policy under 
                subsection (c).
                    (B) A description of the performance measures used 
                to determine the effectiveness of the policy in 
                improving pain care for beneficiaries enrolled in the 
                military health care system.
                    (C) An assessment of the adequacy of Department pain 
                management services based on a current survey of 
                patients managed in Department clinics.
                    (D) An assessment of the research projects of the 
                Department relevant to the treatment of the types of 
                acute and chronic pain suffered by members of the Armed 
                Forces and their families.
                    (E) An assessment of the training provided to 
                Department health care personnel with respect to the 
                diagnosis, treatment, and management of acute and 
                chronic pain.
                    (F) An assessment of the pain care education 
                programs of the Department.
                    (G) An assessment of the dissemination of 
                information on pain management to beneficiaries enrolled 
                in the military health care system.
SEC. 712. <<NOTE: 10 USC 1074f note.>> ADMINISTRATION AND 
                        PRESCRIPTION OF PSYCHOTROPIC MEDICATIONS 
                        FOR MEMBERS OF THE ARMED FORCES BEFORE AND 
                        DURING DEPLOYMENT.

    (a) Report Required.--Not later than October 1, 2010, the Secretary 
of Defense shall submit to the congressional defense committees a report 
on the implementation of policy guidance dated November 7, 2006, 
regarding deployment-limiting psychiatric conditions and medications.
    (b) Policy Required. <<NOTE: Deadline.>> --Not later than October 1, 
2010, the Secretary shall establish and implement a policy for the use 
of

[[Page 123 STAT. 2380]]

psychotropic medications for deployed members of the Armed Forces. The 
policy shall, at a minimum, address the following:
            (1) The circumstances or diagnosed conditions for which such 
        medications may be administered or prescribed.
            (2) The medical personnel who may administer or prescribe 
        such medications.
            (3) The method in which the administration or prescription 
        of such medications will be documented in the medical records of 
        members of the Armed Forces.
            (4) The exam, treatment, or other care that is required 
        following the administration or prescription of such 
        medications.
SEC. 713. <<NOTE: 10 USC 1073 note.>> COOPERATIVE HEALTH CARE 
                        AGREEMENTS BETWEEN MILITARY INSTALLATIONS 
                        AND NON-MILITARY HEALTH CARE SYSTEMS.

    (a) Authority.--The Secretary of Defense may establish cooperative 
health care agreements between military installations and local or 
regional health care systems.
    (b) Requirements.--In establishing an agreement under subsection 
(a), the Secretary shall--
            (1) <<NOTE: Consultation.>> consult with--
                    (A) the Secretary of the military department 
                concerned;
                    (B) representatives from the military installation 
                selected for the agreement, including the TRICARE 
                managed care support contractor with responsibility for 
                such installation; and
                    (C) Federal, State, and local government officials;
            (2) identify and analyze health care services available in 
        the area in which the military installation is located, 
        including such services available at a military medical 
        treatment facility or in the private sector (or a combination 
        thereof);
            (3) <<NOTE: Determination.>> determine the cost avoidance or 
        savings resulting from innovative partnerships between the 
        Department of Defense and the private sector; and
            (4) <<NOTE: Determination.>> determine the opportunities for 
        and barriers to coordinating and leveraging the use of existing 
        health care resources, including such resources of Federal, 
        State, local, and private entities.

    (c) Annual Reports.--Not later than December 31 of each year an 
agreement entered into under this section is in effect, the Secretary 
shall submit to the congressional defense committees a report on each 
such agreement. Each report shall include, at a minimum, the following:
            (1) A description of the agreement.
            (2) Any cost avoidance, savings, or increases as a result of 
        the agreement.
            (3) A recommendation for continuing or ending the agreement.

    (d) Rule of Construction.--Nothing in this section shall be 
construed as authorizing the provision of health care services at 
military medical treatment facilities or other facilities of the 
Department of Defense to individuals who are not otherwise entitled or 
eligible for such services under chapter 55 of title 10, United States 
Code.

[[Page 123 STAT. 2381]]

SEC. 714. <<NOTE: 10 USC 1071 note.>> PLAN TO INCREASE THE MENTAL 
                        HEALTH CAPABILITIES OF THE DEPARTMENT OF 
                        DEFENSE.

    (a) Increased Authorizations. <<NOTE: Deadline.>> --Not later than 
180 days after the date of the enactment of this Act, the Secretary of 
each military department shall increase the number of active duty mental 
health personnel authorized for the department under the jurisdiction of 
the Secretary in an amount equal to the sum of the following amounts:
            (1) The greater of--
                    (A) the amount identified on personnel authorization 
                documents as required but not authorized to be filled; 
                or
                    (B) the amount that is 25 percent of the amount 
                identified on personnel authorization documents as 
                authorized.
            (2) The amount required to fulfill the requirements of 
        section 708, as determined by the Secretary concerned.

    (b) Report and Plan on the Required Number of Mental Health 
Personnel.--
            (1) In general.--Not later than one year after the date of 
        the enactment of this Act, the Secretary of Defense shall submit 
        to the congressional defense committees a report on the 
        appropriate number of mental health personnel required to meet 
        the mental health care needs of members of the Armed Forces, 
        retired members, and dependents. The report shall include, at a 
        minimum, the following:
                    (A) An evaluation of the recommendation titled 
                ``Ensure an Adequate Supply of Uniformed Providers'' 
                made by the Department of Defense Task Force on Mental 
                Health established by section 723 of the National 
                Defense Authorization Act for Fiscal Year 2006 (Public 
                Law 109-163; 119 Stat. 3348).
                    (B) The criteria and models used to determine the 
                appropriate number of mental health personnel.
                    (C) The plan under paragraph (2).
            (2) Plan.--The Secretary shall develop and implement a plan 
        to significantly increase the number of military and civilian 
        mental health personnel of the Department of Defense by 
        September 30, 2013. The plan may include the following:
                    (A) The allocation of scholarships and financial 
                assistance under the Health Professions Scholarship and 
                Financial Assistance Program under subchapter I of 
                chapter 105 of title 10, United States Code, to students 
                pursuing advanced degrees in clinical psychology and 
                other mental health professions.
                    (B) The offering of accession and retention bonuses 
                for psychologists pursuant to section 620 of the Duncan 
                Hunter National Defense Authorization Act for Fiscal 
                Year 2009 (Public Law 110-417; 122 Stat. 4489).
                    (C) An expansion of the capacity for training 
                doctoral-level clinical psychologists at the Uniformed 
                Services University of the Health Sciences.
                    (D) An expansion of the capacity of the Department 
                of Defense for training masters-level clinical 
                psychologists and social workers with expertise in 
                deployment-related mental health disorders, such as 
                post-traumatic stress disorder.

[[Page 123 STAT. 2382]]

                    (E) The detail of commissioned officers of the Armed 
                Forces to accredited schools of psychology for training 
                leading to a doctoral degree in clinical psychology or 
                social work.
                    (F) The reassignment of military mental health 
                personnel from administrative positions to clinical 
                positions in support of military units.
                    (G) The offering of civilian hiring incentives and 
                bonuses and the use of direct hiring authority to 
                increase the number of mental health personnel of the 
                Department of Defense.
                    (H) Such other mechanisms to increase the number of 
                mental health personnel of the Department of Defense as 
                the Secretary considers appropriate.

    (c) Report on Additional Officer or Enlisted Military Specialties 
for Mental Health.--
            (1) Report.--Not later than 120 days after the date of the 
        enactment of this Act, the Secretary shall submit to the 
        congressional defense committees a report setting forth the 
        assessment of the Secretary of the feasability and advisability 
        of establishing one or more military mental health specialities 
        for officers or enlisted members of the Armed Forces in order to 
        better meet the mental health care needs of members of the Armed 
        Forces and their families.
            (2) Elements.--The report required by paragraph (1) shall 
        set forth the following:
                    (A) A recommendation as to the feasability and 
                advisability of establishing one or more military mental 
                health specialities for officers or enlisted members of 
                the Armed Forces.
                    (B) For each military specialty recommended to be 
                established under subparagraph (A)--
                          (i) a description of the qualifications 
                      required for such speciality, which shall reflect 
                      lessons learned from best practices in academia 
                      and the civilian health care industry regarding 
                      positions analogous to such specialty; and
                          (ii) a description of the incentives or other 
                      mechanisms, if any, that would be advisable to 
                      facilitate recruitment and retention of 
                      individuals to and in such specialty.
SEC. 715. DEPARTMENT OF DEFENSE STUDY ON MANAGEMENT OF MEDICATIONS 
                        FOR PHYSICALLY AND PSYCHOLOGICALLY WOUNDED 
                        MEMBERS OF THE ARMED FORCES.

    (a) Study Required.--The Secretary of Defense shall conduct a study 
on the management of medications for physically and psychologically 
wounded members of the Armed Forces.
    (b) Elements.--The study required under subsection (a) shall include 
the following:
            (1) A review and assessment of current practices within the 
        Department of Defense for the management of medications for 
        physically and psychologically wounded members of the Armed 
        Forces.
            (2) A review and analysis of the published literature on the 
        risks associated with the administration of medications,

[[Page 123 STAT. 2383]]

        including accidental and intentional overdoses, under and over 
        medication, and adverse interactions among medications.
            (3) An identification of the medical conditions, and of the 
        patient management procedures of the Department of Defense, that 
        may increase the risks associated with the administration of 
        medications in populations of members of the Armed Forces.
            (4) An assessment of current and best practices in the Armed 
        Forces, other departments and agencies of the Federal 
        Government, and the private sector concerning the prescription, 
        distribution, and management of medications, and the associated 
        coordination of care.
            (5) An identification of means for decreasing the risks 
        associated with the administration of medications and associated 
        problems with respect to physically and psychologically wounded 
        members of the Armed Forces.

    (c) Report.--Not later than April 1, 2010, the Secretary of Defense 
shall submit to the Committees on Armed Services of the Senate and the 
House of Representatives a report on the study required under subsection 
(a). The report shall include such findings and recommendations as the 
Secretary considers appropriate in light of the study.
SEC. 716. LIMITATION ON OBLIGATION OF FUNDS UNDER DEFENSE HEALTH 
                        PROGRAM INFORMATION TECHNOLOGY PROGRAMS.

    (a) Limitation. <<NOTE: Deadline.>> --Of each amount described in 
subsection (c), not more than 50 percent of the amount remaining 
unobligated as of the date of the enactment of this Act may be obligated 
until 30 days after the Deputy Secretary of Defense, acting in the 
capacity of Chief Management Officer of the Department of Defense 
pursuant to section 132 of title 10, United States Code, submits to the 
congressional defense committees a report in accordance with subsection 
(b).

    (b) Report.--The report required under subsection (a) shall be on 
improvements to the governance and execution of health information 
management and information technology programs planned and programmed to 
electronically support clinical medical care within the military health 
system. Such report shall include each of the following:
            (1) An assessment of the capability of the enterprise 
        architecture to achieve optimal clinical practices and health 
        care outcomes.
            (2) For each health information management and information 
        technology program covered by the report, an identification and 
        assessment of the risks associated with achieving the timelines 
        and goals of the program.
            (3) A plan of action to mitigate the risks identified under 
        paragraph (2).
            (4) An assessment of the appropriateness of the health 
        information management and information technology technical 
        architecture and whether that architecture leverages the current 
        best practices of industry, including the ability to meet the 
        interoperability standards required by section 1635 of the 
        Wounded Warrior Act (title XVI of Public Law 110-181; 10 U.S.C. 
        1071 note), as amended by section 252 of the Duncan Hunter 
        National Defense Authorization Act for Fiscal Year for 2009 
        (Public Law 110-417; 122 Stat. 4400).

[[Page 123 STAT. 2384]]

            (5) An assessment, in coordination with the Secretary of 
        Veterans Affairs, of--
                    (A) the capability of the Department of Defense of 
                meeting the requirements for joint interoperability with 
                the Department of Veterans Affairs, as required by such 
                section 1635; and
                    (B) the progress the Secretary of Defense and the 
                Secretary of Veterans Affairs have made on the 
                establishment of a joint virtual lifetime electronic 
                record for members of the Armed Forces.
            (6) A plan to take corrective actions that are necessary to 
        remedy shortfalls identified as a result of the assessments 
        under this subsection.
            (7) An assessment of the estimated resources required in 
        future years to achieve optimal information technology support 
        for health care clinical practice and quality and compliance 
        with the requirements of such section 1635.
            (8) An analysis of the methods by which the Office of the 
        Assistant Secretary of Defense for Health Affairs procures 
        health information management and information technology goods 
        and services, and of the appropriateness of the application of 
        legal and acquisition authorities.
            (9) An analysis of the capabilities of the Office of the 
        Assistant Secretary of Defense for Health Affairs to carry out 
        necessary governance, management, and development functions of 
        health information management and information technology 
        systems, including--
                    (A) the recommendations of the Assistant Secretary 
                for improvements to the Office or alternative 
                organizational structures for the Office; and
                    (B) alternative organizations within the Department 
                of Defense with equal or greater management capabilities 
                for health information management and information 
                technology.
            (10) A recommendation as to whether health information 
        management and information technology systems of the Department 
        of Defense should be included in and subject to the requirements 
        of section 2222 of title 10, United States Code.

    (c) Covered Authorizations or Appropriations.--Amounts described in 
this section are the following amounts authorized to be appropriated for 
the Department of Defense for fiscal year 2010:
            (1) Of the amounts authorized to be appropriated for 
        operation and maintenance for the Defense Health Program (DHP 
        IM/IT Support Program), $116,200,000.
            (2) Of the amounts authorized to be appropriated for 
        procurement for the Defense Health Program, $144,600,000.
            (3) Of the amounts authorized to be appropriated for 
        information technology development (program element 65013), 
        $124,400,000.

    (d) Comptroller General Review. <<NOTE: Deadline. Assessment.>> --
Not later than 30 days after the Deputy Secretary submits the report 
required under subsection (a), the Comptroller General of the United 
States shall submit to the congressional defense committees the results 
of an assessment carried out by the Comptroller General of the report 
and plan of action to achieve Department goals and mitigate risk in the 
management and execution of health information management and 
information technology programs.

[[Page 123 STAT. 2385]]

                        Subtitle C--Other Matters

SEC. 721. <<NOTE: 10 USC 1071 note.>> STUDY AND PLAN TO IMPROVE 
                        MILITARY HEALTH CARE.

    (a) Study and Report Required.--Not later than one year after the 
date of the enactment of this Act, the Secretary of Defense shall submit 
to the congressional defense committees a report on the health care 
needs of dependents (as defined in section 1072(2) of title 10, United 
States Code). The report shall include, at a minimum, the following:
            (1) With respect to both the direct care system and the 
        purchased care system, an analysis of the type of health care 
        facility in which dependents seek care.
            (2) The 10 most common medical conditions for which 
        dependents seek care.
            (3) The availability of and access to health care providers 
        to treat the conditions identified under paragraph (2), both in 
        the direct care system and the purchased care system.
            (4) Any shortfalls in the ability of dependents to obtain 
        required health care services.
            (5) Recommendations on how to improve access to care for 
        dependents.
            (6) With respect to dependents accompanying a member 
        stationed at a military installation outside of the United 
        States, the need for and availability of mental health care 
        services.

    (b) Enhanced Military Health System and Improved TRICARE.--
            (1) In general.--The Secretary of Defense, in consultation 
        with the other administering Secretaries, shall undertake 
        actions to enhance the capability of the military health system 
        and improve the TRICARE program.
            (2) Elements.--In undertaking actions to enhance the 
        capability of the military health system and improve the TRICARE 
        program under paragraph (1), the Secretary shall consider the 
        following actions:
                    (A) Actions to guarantee the availability of care 
                within established access standards for eligible 
                beneficiaries, based on the results of the study 
                required by subsection (a).
                    (B) Actions to expand and enhance sharing of health 
                care resources among Federal health care programs, 
                including designated providers (as that term is defined 
                in section 721(5) of the National Defense Authorization 
                Act for Fiscal Year 1997 (Public Law 104-201; 110 Stat. 
                2593; 10 U.S.C. 1073 note)).
                    (C) Actions using medical technology to speed and 
                simplify referrals for specialty care.
                    (D) Actions to improve regional or national staffing 
                capabilities in order to enhance support provided to 
                military medical treatment facilities facing staff 
                shortages.
                    (E) Actions to improve health care access for 
                members of the reserve components and their families, 
                including such access with respect to mental health care 
                and consideration of access issues for members and their 
                families located in rural areas.
                    (F) Actions to ensure consistency throughout the 
                TRICARE program to comply with access standards, which

[[Page 123 STAT. 2386]]

                are applicable to both commanders of military treatment 
                facilities and managed care support contractors.
                    (G) Actions to create new budgeting and resource 
                allocation methodologies to fully support and 
                incentivize care provided by military treatment 
                facilities.
                    (H) Actions regarding additional financing options 
                for health care provided by civilian providers.
                    (I) Actions to reduce administrative costs.
                    (J) Actions to control the cost of health care and 
                pharmaceuticals.
                    (K) Actions to audit the Defense Enrollment 
                Eligibility Reporting System to improve system checks on 
                the eligibility of TRICARE beneficiaries.
                    (L) Actions, including a comprehensive plan, for the 
                enhanced availability of prevention and wellness care.
                    (M) Actions using technology to improve direct 
                communication with beneficiaries regarding health and 
                preventive care.
                    (N) Actions to create performance metrics by which 
                to measure improvement in the TRICARE program.
                    (O) Such other actions as the Secretary, in 
                consultation with the other administering Secretaries, 
                considers appropriate.

    (c) Quality Assurance.--In undertaking actions under this section, 
the Secretary of Defense and the other administering Secretaries shall 
continue or enhance the current level of quality health care provided by 
the Department of Defense and the military departments with no adverse 
impact to cost, access, or care.
    (d) Consultation.--In considering actions to be undertaken under 
this section, and in undertaking such actions, the Secretary shall 
consult with a broad range of national health care and military advocacy 
organizations.
    (e) Reports Required.--
            (1) Initial report.--Not later than 180 days after the date 
        of the enactment of this Act, the Secretary shall submit to the 
        congressional defense committees an initial report on the 
        progress made in undertaking actions under this section and 
        future plans for improvement of the military health system.
            (2) Report required with fiscal year 2012 budget proposal.--
        Together with the budget justification materials submitted to 
        Congress in support of the Department of Defense budget for 
        fiscal year 2012 (as submitted with the budget of the President 
        under section 1105(a) of title 31, United States Code), the 
        Secretary shall submit to the congressional defense committees a 
        report setting forth the following:
                    (A) Updates on the progress made in undertaking 
                actions under this section.
                    (B) Future plans for improvement of the military 
                health system.
                    (C) An explanation of how the budget submission may 
                reflect such progress and plans.
            (3) Periodic reports.--The Secretary shall, on a periodic 
        basis, submit to the congressional defense committees a report 
        on the progress being made in the improvement of the TRICARE 
        program under this section.
            (4) Elements.--Each report under this subsection shall 
        include the following:

[[Page 123 STAT. 2387]]

                    (A) A description and assessment of the progress 
                made as of the date of such report in the improvement of 
                the TRICARE program.
                    (B) Such recommendations for administrative or 
                legislative action as the Secretary considers 
                appropriate to expedite and enhance the improvement of 
                the TRICARE program.

    (f) Definitions.--In this section:
            (1) The term ``administering Secretaries'' has the meaning 
        given that term in section 1072(3) of title 10, United States 
        Code.
            (2) The term ``TRICARE program'' has the meaning given that 
        term in section 1072(7) of title 10, United States Code.
SEC. 722. <<NOTE: 10 USC 1077 note.>> STUDY, PLAN, AND PILOT FOR 
                        THE MENTAL HEALTH CARE NEEDS OF DEPENDENT 
                        CHILDREN OF MEMBERS OF THE ARMED FORCES.

    (a) Report and Plan on the Mental Health Care and Counseling 
Services Available to Military Children.--
            (1) <<NOTE: Review.>> In general.--The Secretary of Defense 
        shall conduct a comprehensive review of the mental health care 
        and counseling services available to dependent children of 
        members of the Armed Forces through the Department of Defense.
            (2) Elements.--The review under paragraph (1) shall include 
        an assessment of the following:
                    (A) The availability, quality, and effectiveness of 
                Department of Defense programs intended to meet the 
                mental health care needs of military children.
                    (B) The availability, quality, and effectiveness of 
                Department of Defense programs intended to promote 
                resiliency in military children in coping with 
                deployment cycles, injury, or death of military parents.
                    (C) The extent of access to, adequacy, and 
                availability of mental health care and counseling 
                services for military children in military medical 
                treatment facilities, in family assistance centers, 
                through Military OneSource, under the TRICARE program, 
                and in Department of Defense Education Activity schools.
                    (D) Whether the status of a member of the Armed 
                Forces on active duty, or in reserve active status, 
                affects the access of a military child to mental health 
                care and counseling services.
                    (E) Whether, and to what extent, waiting lists, 
                geographic distance, and other factors may obstruct the 
                receipt by military children of mental health care and 
                counseling services.
                    (F) The extent of access to, availability, and 
                viability of specialized mental health care for military 
                children (including adolescents).
                    (G) The extent of any gaps in the current 
                capabilities of the Department of Defense to provide 
                preventive mental health services for military children.
                    (H) Such other matters as the Secretary considers 
                appropriate.
            (3) Report.--Not later than one year after the date of the 
        enactment of this Act, the Secretary shall submit to the 
        Committees on Armed Services of the Senate and the House

[[Page 123 STAT. 2388]]

        of Representatives a report on the review conducted under 
        paragraph (1), including the findings and recommendations of the 
        Secretary as a result of the review.

    (b) Comprehensive Plan for Improvements in Access to Care and 
Counseling.--The Secretary shall develop and implement a comprehensive 
plan for improvements in access to quality mental health care and 
counseling services for military children in order to develop and 
promote psychological health and resilience in children of deploying and 
deployed members of the Armed Forces. The information in the report 
required by subsection (a) shall provide the basis for the development 
of the plan.
    (c) Pilot Program.--
            (1) Elements.--The Secretary of the Army shall carry out a 
        pilot program on the mental health care needs of military 
        children and adolescents. In carrying out the pilot program, the 
        Secretary shall establish a center to--
                    (A) develop teams to train primary care managers in 
                mental health evaluations and treatment of common 
                psychiatric disorders affecting children and 
                adolescents;
                    (B) develop strategies to reduce barriers to 
                accessing behavioral health services and encourage 
                better use of the programs and services by children and 
                adolescents; and
                    (C) expand the evaluation of mental health care 
                using common indicators, including--
                          (i) psychiatric hospitalization rates;
                          (ii) non-psychiatric hospitalization rates; 
                      and
                          (iii) mental health relative value units.
            (2) Reports.--
                    (A) Not later than 90 days after establishing the 
                pilot program, the Secretary of the Army shall submit to 
                the congressional defense committees a report describing 
                the--
                          (i) structure and mission of the program; and
                          (ii) the resources allocated to the program.
                    (B) Not later than September 30, 2012, the Secretary 
                of the Army shall submit to the congressional defense 
                committees a report that addresses the elements 
                described under paragraph (1).
SEC. 723. CLINICAL TRIAL ON COGNITIVE REHABILITATIVE THERAPY FOR 
                        MEMBERS AND FORMER MEMBERS OF THE ARMED 
                        FORCES.

    (a) Clinical Trial Required.--The Secretary of Defense shall provide 
for a clinical trial to assess the efficacy of cognitive rehabilitative 
therapy for members or former members of the Armed Forces described in 
subsection (b).
    (b) Covered Members and Former Members.--A member or former member 
of the Armed Forces described in this subsection is a member or former 
member of the Armed Forces who--
            (1) has been diagnosed with a traumatic brain injury (TBI) 
        incurred in the line of duty in Operation Iraqi Freedom or 
        Operation Enduring Freedom; and
            (2) is referred by a qualified physician, as determined by 
        the Secretary, for cognitive rehabilitative therapy.

    (c) Funding.--

[[Page 123 STAT. 2389]]

            (1) In general.--The trial required by subsection (a) shall 
        be funded as a medical research project using amounts authorized 
        to be appropriated for Defense Health Program for research and 
        development.
            (2) Prohibition on use of certain funds.--Amounts in the 
        Department of Defense Medicare-Eligible Retiree Health Care Fund 
        under chapter 56 of title 10, United States Code, may not be 
        used to carry out the provisions of this section.

    (d) Reports.--
            (1) Report on plan and design for trial.--Not later than 180 
        days after the date of the enactment of this Act, the Secretary 
        of Defense shall submit to the congressional defense committees 
        a report setting forth a plan for the conduct of the trial 
        required by subsection (a), including a description of the 
        proposed design of the trial.
            (2) Final report.--Not later than one year after the 
        completion of the trial required by subsection (a), the 
        Secretary shall submit to the congressional defense committees a 
        report setting forth, at a minimum, the following:
                    (A) An assessment of the efficacy of cognitive 
                rehabilitative therapy in treating traumatic brain 
                injury in members and former members of the Armed Forces 
                described in subsection (b).
                    (B) Such recommendations as the Secretary considers 
                appropriate on means to provide increased access to 
                safe, effective, and quality cognitive rehabilitative 
                therapy services for such members and former members, 
                including recommendations regarding the following:
                          (i) Procedures for access of such members and 
                      former members to cognitive rehabilitative therapy 
                      services, including appropriate treatment plans 
                      and outcome measures.
                          (ii) Qualifications and supervisory 
                      requirements for licensed and certified health 
                      care professionals in the provision of such 
                      services to such members and former members.
                          (iii) A methodology for reimbursing providers 
                      of such services in the provision of such services 
                      to such members and former members.
                    (C) The recommendation of the Secretary as to the 
                advisability of including cognitive rehabilitative 
                therapy as a benefit under the TRICARE program.
SEC. 724. DEPARTMENT OF DEFENSE TASK FORCE ON THE CARE, 
                        MANAGEMENT, AND TRANSITION OF RECOVERING 
                        WOUNDED, ILL, AND INJURED MEMBERS OF THE 
                        ARMED FORCES.

    (a) Establishment.--
            (1) In general.--The Secretary of Defense shall establish 
        within the Department of Defense a task force to be known as the 
        ``Department of Defense Task Force on the Care, Management, and 
        Transition of Recovering Wounded, Ill, and Injured Members of 
        the Armed Forces'' (in this section referred to as the ``Task 
        Force'').
            (2) Purpose.--The purpose of the Task Force shall be to 
        assess the effectiveness of the policies and programs developed 
        and implemented by the Department of Defense, and

[[Page 123 STAT. 2390]]

        by each of the military departments, to assist and support the 
        care, management, and transition of recovering wounded, ill, and 
        injured members of the Armed Forces, and to make recommendations 
        for the continuous improvement of such policies and programs.
            (3) Relation to senior oversight committee.--The Secretary 
        shall ensure that the Task Force is independent of the Senior 
        Oversight Committee (as defined in section 726(c) of the Duncan 
        Hunter National Defense Authorization Act for Fiscal Year 2009 
        (Public Law 110-417; 122 Stat. 4509)).

    (b) Composition.--
            (1) Members.--The Task Force shall consist of not more than 
        14 members, appointed by the Secretary of Defense from among the 
        individuals as described in paragraph (2).
            (2) Covered individuals.--The individuals appointed to the 
        Task Force shall include the following:
                    (A) At least one member of each of the regular 
                components of the Army, the Navy, the Air Force, and the 
                Marine Corps.
                    (B) One member of the National Guard.
                    (C) One member of a reserve component of the Armed 
                Forces other than National Guard.
                    (D) A number of persons from outside the Department 
                of Defense equal to the total number of personnel from 
                within the Department of Defense (whether members of the 
                Armed Forces or civilian personnel) who are appointed to 
                the Task Force.
                    (E) Persons who have experience in--
                          (i) medical care and coordination for wounded, 
                      ill, and injured members of the Armed Forces;
                          (ii) medical case management;
                          (iii) non-medical case management;
                          (iv) the disability evaluation process for 
                      members of the Armed Forces;
                          (v) veterans benefits;
                          (vi) treatment of traumatic brain injury and 
                      post-traumatic stress disorder;
                          (vii) family support;
                          (viii) medical research;
                          (ix) vocational rehabilitation; or
                          (x) disability benefits.
                    (F) At least one family member of a wounded, ill, or 
                injured member of the Armed Forces or veteran who has 
                experience working with wounded, ill, and injured 
                members of the Armed Forces or their families.
            (3) Individuals appointed from within department of 
        defense.--At least one of the individuals appointed to the Task 
        Force from within the Department of Defense shall be the surgeon 
        general of an Armed Force.
            (4) Individuals appointed from outside department of 
        defense.--The individuals appointed to the Task Force from 
        outside the Department of Defense--
                    (A) with the concurrence of the Secretary of 
                Veterans Affairs, shall include an officer or employee 
                of the Department of Veterans Affairs; and

[[Page 123 STAT. 2391]]

                    (B) may include individuals from other departments 
                or agencies of the Federal Government, from State and 
                local agencies, or from the private sector.
            (5) Deadline for appointments.--All original appointments to 
        the Task Force shall be made not later than 120 days after the 
        date of the enactment of this Act.
            (6) Co-chairs.--There shall be two co-chairs of the Task 
        Force. One of the co-chairs shall be designated by the Secretary 
        of Defense at the time of appointment from among the individuals 
        appointed to the Task Force from within the Department of 
        Defense. The other co-chair shall be selected from among the 
        individuals appointed from outside the Department of Defense by 
        those individuals.

    (c) Annual Report.--
            (1) In general.--Not later than 12 months after the date on 
        which all members of the Task Force have been appointed, and 
        each year thereafter for the life of the Task Force, the Task 
        Force shall submit to the Secretary of Defense a report on the 
        activities of the Task Force and the activities of the 
        Department of Defense and the military departments to assist and 
        support the care, management, and transition of recovering 
        wounded, ill, and injured members of the Armed Forces. The 
        report shall include the following:
                    (A) The findings and conclusions of the Task Force 
                as a result of its assessment of the effectiveness of 
                the policies and programs developed and implemented by 
                the Department of Defense, and by each of the military 
                departments, to assist and support the care, management, 
                and transition of recovering wounded, ill, and injured 
                members of the Armed Forces.
                    (B) A description of best practices and various ways 
                in which the Department of Defense and the military 
                departments could more effectively address matters 
                relating to the care, management, and transition of 
                recovering wounded, ill, and injured members of the 
                Armed Forces, including members of the regular 
                components, and members of the reserve components, and 
                support for their families.
                    (C) A plan for the activities of the Task Force in 
                the year following the year covered by the report.
                    (D) Such recommendations for other legislative or 
                administrative action as the Task Force considers 
                appropriate for measures to improve the policies and 
                programs described in subparagraph (A).
            (2) Methodology.--For purposes of the reports, the Task 
        Force--
                    (A) shall conduct site visits and interviews as the 
                Task Force considers appropriate;
                    (B) may consider the findings and recommendations of 
                previous reviews and evaluations of the care, 
                management, and transition of recovering wounded, ill, 
                and injured members of the Armed Forces; and
                    (C) may use such other means for directly obtaining 
                information relating to the care, management, and 
                transition of recovering wounded, ill, and injured 
                members of the Armed Forces as the Task Force considers 
                appropriate.

[[Page 123 STAT. 2392]]

            (3) Matters to be reviewed and assessed.--For purposes of 
        the reports, the Task Force shall review and assess the 
        following:
                    (A) Case management, including the numbers and types 
                of medical and non-medical case managers (including 
                Federal Recovery Coordinators, Recovery Care 
                Coordinators, National Guard or Reserve case managers, 
                and other case managers) assigned to recovering wounded, 
                ill, and injured members of the Armed Forces, the 
                training provided such case mangers, and the 
                effectiveness of such case mangers in providing care and 
                support to recovering wounded, ill, and injured members 
                of the Armed Forces.
                    (B) Staffing of Army Warrior Transition Units, 
                Marine Corps Wounded Warrior Regiments, Navy and Air 
                Force Medical Hold or Medical Holdover Units, and other 
                service-related programs or units for recovering 
                wounded, ill, and injured members of the Armed Forces, 
                including the use of applicable hiring authorities to 
                ensure the proper staffing of such programs and units.
                    (C) The establishment and effectiveness of 
                performance and accountability standards for warrior 
                transition units and programs.
                    (D) The availability of services for traumatic brain 
                injury and post traumatic stress disorder.
                    (E) The establishment and effectiveness of the 
                Defense Centers of Excellence for Psychological Health 
                and Traumatic Brain Injury, and the centers of 
                excellence for military eye injuries, hearing loss and 
                auditory system injuries, and traumatic extremity 
                injuries and amputations.
                    (F) The effectiveness of the Interagency Program 
                Office in achieving fully interoperable electronic 
                health records by September 30, 2009, in accordance with 
                section 1635 of the Wounded Warrior Act (title XVI of 
                Public Law 110-181; 122 Stat. 460; 10 U.S.C. 1071 note).
                    (G) The effectiveness of wounded warrior information 
                resources, including the Wounded Warrior Resource 
                Center, the National Resource Directory, Military 
                OneSource, Family Assistance Centers, and Service 
                hotlines, in providing meaningful information for 
                recovering wounded, ill, and injured members of the 
                Armed Forces.
                    (H) The support available to family caregivers of 
                recovering wounded, ill, and injured members of the 
                Armed Forces.
                    (I) The legal support available to recovering 
                wounded, ill, and injured members of the Armed Forces 
                and their families.
                    (J) The availability of vocational training for 
                recovering wounded, ill, and injured members of the 
                Armed Forces seeking to transition to civilian life.
                    (K) The effectiveness of any measures under pilot 
                programs to improve or enhance the military disability 
                evaluation system.
                    (L) The support and assistance provided to 
                recovering wounded, ill, and injured members of the 
                Armed Forces as they progress through the military 
                disability evaluation system.

[[Page 123 STAT. 2393]]

                    (M) The support systems in place to ease the 
                transition of recovering wounded, ill, and injured 
                members of the Armed Forces from the Department of 
                Defense to the Department of Veterans Affairs.
                    (N) Interagency matters affecting recovering 
                wounded, ill, and injured members of the Armed Forces in 
                their transition to civilian life.
                    (O) The effectiveness of the Senior Oversight 
                Committee in facilitating and overseeing collaboration 
                between the Department of Defense and the Department of 
                Veterans Affairs on matters relating to the care, 
                management, and transition of recovering wounded, ill, 
                and injured members of the Armed Forces.
                    (P) Overall coordination between the Department of 
                Defense and the Department of Veterans Affairs on the 
                matters specified in this paragraph.
                    (Q) Such other matters as the Task Force considers 
                appropriate in connection with the care, management, and 
                transition of recovering wounded, ill, and injured 
                members of the Armed Forces.
            (4) Transmittal.--Not later than 90 days after receipt of a 
        report required by paragraph (1), the Secretary of Defense shall 
        submit to the Committees on Armed Services of the Senate and the 
        House of Representatives the report and the Secretary's 
        evaluation of the report.

    (d) Plan Required. <<NOTE: Deadline.>> --Not later than six months 
after the receipt of a report under subsection (c), the Secretary of 
Defense shall, in consultation with the Secretaries of the military 
departments, submit to the Committees on Armed Services of the Senate 
and the House of Representatives a plan to implement the recommendations 
of the Task Force included in the report.

    (e) Administrative Matters.--
            (1) Compensation.--Each member of the Task Force who is a 
        member of the Armed Forces or a civilian officer or employee of 
        the United States shall serve on the Task Force without 
        compensation (other than compensation to which entitled as a 
        member of the Armed Forces or an officer or employee of the 
        United States, as the case may be). Other members of the Task 
        Force shall be appointed in accordance with, and subject to, the 
        provisions of section 3161 of title 5, United States Code.
            (2) Oversight.--The Under Secretary of Defense for Personnel 
        and Readiness shall oversee the Task Force. The Washington 
        Headquarters Services of the Department of Defense shall provide 
        the Task Force with personnel, facilities, and other 
        administrative support as necessary for the performance of the 
        duties of the Task Force.
            (3) Visits to military facilities.--Any visit by the Task 
        Force to a military installation or facility shall be undertaken 
        through the Deputy Under Secretary of Defense for Personnel and 
        Readiness, in coordination with the Secretaries of the military 
        departments.

    (f) Termination.--The Task Force shall terminate on the date that is 
five years after the date of the enactment of this Act.

[[Page 123 STAT. 2394]]

SEC. 725. CHIROPRACTIC CLINICAL TRIALS.

    (a) Clinical Trials Required.--The Secretary of Defense shall 
provide for the clinical trials described under subsection (b) to be 
conducted by the National Institutes of Health or an independent 
academic institution as the Secretary shall select for the purposes of 
conducting each trial.
    (b) Clinical Trials Described.--
            (1) Controlled trials.--The clinical trials required by 
        subsection (a) shall include controlled trials that, at a 
        minimum, compare the outcomes of chiropractic treatment, used 
        either exclusively or as an adjunct to other treatments, with 
        conventional treatment on the following topics:
                    (A) Pain management.
                    (B) Orthopedic injuries or disorders that do not 
                require surgery.
                    (C) Smoking cessation.
            (2) Interventional trials.--The clinical trials required by 
        subsection (a) shall include interventional trials that, at a 
        minimum, cover the following topics:
                    (A) The effect of chiropractic treatment on the 
                reflexes and reaction times of special operation forces.
                    (B) The effect of chiropractic treatment on 
                strength, balance, and injury prevention for members of 
                the Armed Forces with combat specialties operating in a 
                combat theater.

    (c) Schedule.--
            (1) First trial.--The first clinical trial required by 
        subsection (a) shall begin not later than one year after the 
        date of the enactment of this Act.
            (2) Final trial.--The final clinical trial required by 
        subsection (a) shall begin not later than two years after the 
        date of the enactment of this Act.

    (d) Trial Participants.--A participant of a clinical trial required 
by subsection (a) shall be a member of the Armed Forces on active duty.
    (e) Chiropractic Providers.--Chiropractic treatment provided during 
a clinical trial required by subsection (a) shall be provided by a 
doctor of chiropractic who is licensed as a doctor of chiropractic, 
chiropractic physician, or chiropractor by a State, the District of 
Columbia, or a territory or possession of the United States, subject to 
credentialing requirements prescribed by the Secretary.
    (f) Reports.--
            (1) Trial protocol reports.--Not later than 30 days before 
        each clinical trial required by subsection (a) is scheduled to 
        begin, the Secretary shall submit to the congressional defense 
        committees a report on the protocol of such clinical trial.
            (2) Final reports.--Not later than one year after the 
        completion of each clinical trial required by subsection (a), 
        the Secretary shall submit to the congressional defense 
        committees a report on such clinical trial, including any 
        recommendations regarding chiropractic treatment for covered 
        beneficiaries (as such term is defined in section 1072(5) of 
        title 10, United States Code).

[[Page 123 STAT. 2395]]

SEC. 726. INDEPENDENT STUDY ON POST-TRAUMATIC STRESS DISORDER 
                        EFFORTS.

    (a) Study Required.--The Secretary of Defense, in consultation with 
the Secretary of Veterans Affairs, shall provide for a study on the 
treatment of post-traumatic stress disorder to be conducted by the 
Institute of Medicine of the National Academy of Sciences or such other 
independent entity as the Secretary shall select for purposes of the 
study.
    (b) Elements.--The study required by subsection (a) shall include 
the following:
            (1) A list of each operative program and method available 
        for the prevention, screening, diagnosis, treatment, or 
        rehabilitation of post-traumatic stress disorder, including--
                    (A) the rates of success for each such program or 
                method (including an operational definition of the term 
                ``success'' and a discussion of the process used to 
                quantify such rates);
                    (B) based on the incidence of actual diagnoses, an 
                estimate of the number of members of the Armed Forces 
                and veterans diagnosed by the Department of Defense or 
                the Department of Veterans Affairs as having post-
                traumatic stress disorder and the number of such 
                veterans who have been successfully treated; and
                    (C) any collaborative efforts between the Department 
                of Defense and the Department of Veterans Affairs to 
                prevent, screen, diagnose, treat, or rehabilitate post-
                traumatic stress disorder.
            (2) The status of studies and clinical trials involving 
        innovative treatments of post-traumatic stress disorder that are 
        conducted by the Department of Defense, the Department of 
        Veterans Affairs, or the private sector, including--
                    (A) efforts to identify physiological markers of 
                post-traumatic stress disorder;
                    (B) with respect to efforts to determine causation 
                of post-traumatic stress disorder, brain imaging studies 
                and the correlation between brain region physiology and 
                post-traumatic stress disorder diagnoses and the results 
                (including any interim results) of such efforts;
                    (C) the effectiveness of alternative therapies in 
                the treatment of post-traumatic stress disorder, 
                including the therapeutic use of animals;
                    (D) the effectiveness of administering 
                pharmaceutical agents before, during, or after a 
                traumatic event in the prevention and treatment of post-
                traumatic stress disorder; and
                    (E) identification of areas in which the Department 
                of Defense and the Department of Veterans Affairs may be 
                duplicating studies, programs, or research with respect 
                to post-traumatic stress disorder.
            (3) A description of each treatment program for post-
        traumatic stress disorder, including a comparison of the methods 
        of treatment by each program, at the following locations:
                    (A) Fort Hood, Texas.
                    (B) Fort Bliss, Texas.
                    (C) Fort Campbell, Tennessee.
                    (D) Other locations the entity conducting the study 
                considers appropriate.

[[Page 123 STAT. 2396]]

            (4) The respective current and projected future annual 
        expenditures by the Department of Defense and the Department of 
        Veterans Affairs for the treatment and rehabilitation of post-
        traumatic stress disorder.
            (5) A description of gender-specific and racial and ethnic 
        group-specific mental health treatment and services available 
        for members of the Armed Forces, including--
                    (A) the availability of such treatment and services;
                    (B) the access to such treatment and services;
                    (C) the need for such treatment and services; and
                    (D) the efficacy and adequacy of such treatment and 
                services.
            (6) A description of areas for expanded future research with 
        respect to post-traumatic stress disorder.
            (7) Any other matters the Secretary of Defense and Secretary 
        of Veterans Affairs consider relevant with respect to the 
        purposes of obtaining a comprehensive scientific assessment of--
                    (A) the incidence of post-traumatic stress disorder 
                among members of the Armed Forces and veterans;
                    (B) the availability and effectiveness of various 
                treatment programs and methods available for post-
                traumatic stress disorder;
                    (C) the current and future projected costs of such 
                treatment programs and methods; or
                    (D) additional areas of needed research.
            (8) Any other matters the entity conducting the study 
        considers relevant.

    (c) Reports.--
            (1) Initial report.--Not later than July 1, 2012, the entity 
        conducting the study required by subsection (a) shall submit to 
        the Secretary of Defense, the Secretary of Veterans Affairs, and 
        the appropriate committees a report on the study.
            (2) Response.--Not later than January 1, 2013, the Secretary 
        of Defense and the Secretary of Veterans Affairs shall each 
        submit to the appropriate committees a response to the report 
        submitted under paragraph (1), including any recommendations on 
        the treatment of post-traumatic stress disorder based on such 
        report.

    (d) Updated Reports Required.--
            (1) Updated report.--Not later than July 1, 2014, the entity 
        conducting the study required by subsection (a) shall submit to 
        the Secretary of Defense, the Secretary of Veterans Affairs, and 
        the appropriate committees an update of the report required by 
        subsection (c).
            (2) Updated response.--Not later than January 1, 2015, the 
        Secretary of Defense and the Secretary of Veterans Affairs shall 
        each submit to the appropriate committees a response to the 
        updated report submitted under paragraph (1), including any 
        recommendations on the treatment of post-traumatic stress 
        disorder based on such updated report.

    (e) Appropriate Committees Defined.--In this section, the term 
``appropriate committees'' means--
            (1) the Committee on Armed Services, the Committee on 
        Appropriations, the Committee on Veterans' Affairs, and the 
        Committee on Energy and Commerce of the House of 
        Representatives; and

[[Page 123 STAT. 2397]]

            (2) the Committee on Armed Services, the Committee on 
        Appropriations, the Committee on Veterans' Affairs, and the 
        Committee on Health, Education, Labor, and Pensions of the 
        Senate.
SEC. 727. REPORT ON IMPLEMENTATION OF REQUIREMENTS ON THE 
                        RELATIONSHIP BETWEEN THE TRICARE PROGRAM 
                        AND EMPLOYER-SPONSORED GROUP HEALTH PLANS.

    (a) Report Required.--Not later than March 31, 2010, the Secretary 
of Defense shall submit to the Committees on Armed Services of the 
Senate and the House of Representatives a report on the implementation 
of the requirements of section 1097c of title 10, United States Code, 
relating to the relationship between the TRICARE program and employer-
sponsored group health plans.
    (b) Elements.--The report required by subsection (a) shall include 
the following:
            (1) A description of the extent to which the Secretary has 
        established measures to assess the effectiveness of section 
        1097c of title 10, United States Code, in reducing health care 
        costs to the Department for military retirees and their 
        families, and an assessment of the effectiveness of any measures 
        so established.
            (2) An assessment of the extent to which the implementation 
        of such section 1097c has resulted in the migration of military 
        retirees from coverage under the TRICARE Standard option of the 
        TRICARE program to coverage under the TRICARE Prime option of 
        the TRICARE program.
            (3) A description of the exceptions adopted under subsection 
        (a)(2) of such section 1097c to the requirements under such 
        section 1097c, and an assessment of the effect of the exercise 
        of any exceptions adopted on the administration of such section 
        1097c.
            (4) An assessment of the extent to which the Secretary 
        collects and assembles data on the treatment of employees 
        eligible for participation in the TRICARE program in comparison 
        with similar employees who are not eligible for participation in 
        that program.
            (5) A description of the outreach conducted by the Secretary 
        to inform individuals eligible for participation in the TRICARE 
        program and employers of their respective rights and 
        responsibilities under such section 1097c, and an assessment of 
        the effectiveness of any outreach so conducted.
            (6) Such other matters with respect to the administration 
        and effectiveness of the authorities in such section 1097c as 
        the Secretary considers appropriate.
SEC. 728. REPORT ON STIPENDS FOR MEMBERS OF RESERVE COMPONENTS FOR 
                        HEALTH CARE FOR CERTAIN DEPENDENTS.

    Not later than 90 days after the date of the enactment of this Act, 
the Secretary of Defense shall submit to the congressional defense 
committees a report on stipends paid under section 704 of the National 
Defense Authorization Act for Fiscal Year 2008 (Public Law 110-181; 122 
Stat. 188; 10 U.S.C. 1076 note). The report shall include--
            (1) the number of stipends paid;
            (2) the amount of the average stipend; and
            (3) the number of members who received such stipends.

[[Page 123 STAT. 2398]]

  TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED 
                                 MATTERS

              Subtitle A--Acquisition Policy and Management

Sec. 801. Temporary authority to acquire products and services produced 
           in countries along a major route of supply to Afghanistan; 
           report.
Sec. 802. Assessment of improvements in service contracting.
Sec. 803. Display of annual budget requirements for procurement of 
           contract services and related clarifying technical 
           amendments.
Sec. 804. Implementation of new acquisition process for information 
           technology systems.
Sec. 805. Life-cycle management and product support.
Sec. 806. Treatment of non-defense agency procurements under joint 
           programs with intelligence community.
Sec. 807. Policy and requirements to ensure the safety of facilities, 
           infrastructure, and equipment for military operations.

 Subtitle B--Amendments to General Contracting Authorities, Procedures, 
                             and Limitation

Sec. 811. Justification and approval of sole-source contracts.
Sec. 812. Revision of Defense Supplement relating to payment of costs 
           prior to definitization.
Sec. 813. Revisions to definitions relating to contracts in Iraq and 
           Afghanistan.
Sec. 814. Amendment to notification requirements for awards of single 
           source task or delivery orders.
Sec. 815. Clarification of uniform suspension and debarment requirement.
Sec. 816. Extension of authority for use of simplified acquisition 
           procedures for certain commercial items.
Sec. 817. Reporting requirements for programs that qualify as both major 
           automated information system programs and major defense 
           acquisition programs.
Sec. 818. Small arms production industrial base matters.
Sec. 819. Contract authority for advanced component development or 
           prototype units.
Sec. 820. Publication of notification of bundling of contracts of the 
           Department of Defense.

                     Subtitle C--Contractor Matters

Sec. 821. Authority for Government support contractors to have access to 
           technical data belonging to prime contractors.
Sec. 822. Extension and enhancement of authorities on the Commission on 
           Wartime Contracting in Iraq and Afghanistan.
Sec. 823. Authority for Secretary of Defense to reduce or deny award 
           fees to companies found to jeopardize health or safety of 
           Government personnel.

                Subtitle D--Acquisition Workforce Matters

Sec. 831. Enhancement of expedited hiring authority for defense 
           acquisition workforce positions.
Sec. 832. Funding of Department of Defense Acquisition Workforce 
           Development Fund.
Sec. 833. Review of post-employment restrictions applicable to the 
           Department of Defense.
Sec. 834. Review of Federal acquisition workforce training and hiring.

                        Subtitle E--Other Matters

Sec. 841. Reports to Congress on full deployment decisions for major 
           automated information system programs.
Sec. 842. Authorization to take actions to correct the industrial 
           resource shortfall for high-purity beryllium metal.
Sec. 843. Report on rare earth materials in the defense supply chain.
Sec. 844. Comptroller General report on structure and management of 
           subcontractors under contracts for major weapon systems.
Sec. 845. Study of the use of factors other than cost or price as the 
           predominate factors in evaluating competitive proposals for 
           defense procurement contracts.

[[Page 123 STAT. 2399]]

Sec. 846. Repeal of requirements relating to the military system 
           essential item breakout list.
Sec. 847. Extension of SBIR and STTR programs of the Department of 
           Defense.
Sec. 848. Extension of authority for small business innovation research 
           Commercialization Pilot Program.

              Subtitle A--Acquisition Policy and Management

SEC. 801. TEMPORARY AUTHORITY TO ACQUIRE PRODUCTS AND SERVICES 
                        PRODUCED IN COUNTRIES ALONG A MAJOR ROUTE 
                        OF SUPPLY TO AFGHANISTAN; REPORT.

    (a) In General.--In the case of a product or service to be acquired 
in support of military or stability operations in Afghanistan for which 
the Secretary of Defense makes a determination described in subsection 
(b), the Secretary may conduct a procurement in which--
            (1) competition is limited to products or services that are 
        from one or more countries along a major route of supply to 
        Afghanistan; or
            (2) a preference is provided for products or services that 
        are from one or more countries along a major route of supply to 
        Afghanistan.

    (b) Determination.--A determination described in this subsection is 
a determination by the Secretary that--
            (1) the product or service concerned is to be used--
                    (A) in the country that is the source of the product 
                or service;
                    (B) in the course of efforts by the United States 
                and the NATO International Security Assistance Force to 
                ship goods to Afghanistan in support of military or 
                stability operations in Afghanistan; or
                    (C) by the military forces, police, or other 
                security personnel of Afghanistan;
            (2) it is in the national security interest of the United 
        States to limit competition or provide a preference as described 
        in subsection (a) because such limitation or preference is 
        necessary--
                    (A) to reduce overall United States transportation 
                costs and risks in shipping goods in support of military 
                or stability operations in Afghanistan;
                    (B) to encourage countries along a major route of 
                supply to Afghanistan to cooperate in expanding supply 
                routes through their territory in support of military or 
                stability operations in Afghanistan; or
                    (C) to help develop more robust and enduring routes 
                of supply to Afghanistan; and
            (3) limiting competition or providing a preference as 
        described in subsection (a) will not adversely affect--
                    (A) military or stability operations in Afghanistan; 
                or
                    (B) the United States industrial base.

    (c) Products and Services From a Country Along a Major Route of 
Supply to Afghanistan.--For the purposes of this section:
            (1) A product is from a country along a major route of 
        supply to Afghanistan if it is mined, produced, or manufactured 
        in a covered country.

[[Page 123 STAT. 2400]]

            (2) A service is from a country along a major route of 
        supply to Afghanistan if it is performed in a covered country by 
        citizens or permanent resident aliens of a covered country.

    (d) Covered Country Defined.--In this section, the term ``covered 
country'' means Georgia, Kyrgyzstan, Pakistan, Armenia, Azerbaijan, 
Kazakhstan, Tajikistan, Uzbekistan, or Turkmenistan.
    (e) Construction With Other Authority.--The authority provided in 
subsection (a) is in addition to the authority set forth in section 886 
of the National Defense Authorization Act for Fiscal Year 2008 (Public 
Law 110-181; 122 Stat. 266; 10 U.S.C. 2302 note).
    (f) Termination of Authority.--The Secretary of Defense may not 
exercise the authority provided in subsection (a) on or after the date 
occurring three years after the date of the enactment of this Act.
    (g) Report on Authority.--Not later than April 1, 2010, the 
Secretary of Defense shall submit to the congressional defense 
committees a report on the use of the authority provided in subsection 
(a). The report shall address, at a minimum, the following:
            (1) The number of determinations made by the Secretary 
        pursuant to subsection (b).
            (2) A description of the products and services acquired 
        using the authority.
            (3) The extent to which the use of the authority has met the 
        objectives of subparagraph (A), (B), or (C) of subsection 
        (b)(2).
            (4) A list of the countries providing products or services 
        as a result of a determination made pursuant to subsection (b).
            (5) Any recommended modifications to the authority.
SEC. 802. ASSESSMENT OF IMPROVEMENTS IN SERVICE CONTRACTING.

    (a) Assessment Required.--The Under Secretary of Defense for 
Acquisition, Technology, and Logistics shall direct the Defense Science 
Board to conduct an independent assessment of improvements in the 
procurement and oversight of services by the Department of Defense.
    (b) Matters Covered.--The assessment required by subsection (a) 
shall include the following:
            (1) An assessment of the quality and completeness of 
        guidance relating to the procurement of services, including 
        implementation of statutory and regulatory authorities and 
        requirements.
            (2) A determination of the extent to which best practices 
        are being developed for setting requirements and developing 
        statements of work.
            (3) An assessment of the contracting approaches and contract 
        types used for the procurement of services and whether such 
        contracting approaches and contract types best serve the 
        interests of the Department of Defense.
            (4) A determination of whether effective standards to 
        measure performance have been developed.
            (5) An assessment of the effectiveness of peer reviews 
        within the Department of Defense of contracts for services and 
        whether such reviews are being conducted at the appropriate 
        dollar threshold.

[[Page 123 STAT. 2401]]

            (6) An assessment of the management structure for the 
        procurement of services, including how the military departments 
        and Defense Agencies have implemented section 2330 of title 10, 
        United States Code.
            (7) A determination of whether the performance savings goals 
        required by section 802 of the National Defense Authorization 
        Act for Fiscal Year 2002 (10 U.S.C. 2330 note) are being 
        achieved.
            (8) An assessment of the effectiveness of the Acquisition 
        Center of Excellence for Services established pursuant to 
        section 1431(b) of the Services Acquisition Reform Act of 2003 
        (title XIV of Public Law 108-136; 117 Stat. 1671; 41 U.S.C. 405 
        note) and the feasibility of creating similar centers of 
        excellence in the military departments.
            (9) An assessment of the quality and sufficiency of the 
        acquisition workforce for the procurement and oversight of 
        services.
            (10) Such other related matters as the Under Secretary 
        considers appropriate.

    (c) Report.--Not later than March 10, 2010, the Under Secretary 
shall submit to the congressional defense committees a report on the 
results of the assessment, including such comments and recommendations 
as the Under Secretary considers appropriate.
SEC. 803. DISPLAY OF ANNUAL BUDGET REQUIREMENTS FOR PROCUREMENT OF 
                        CONTRACT SERVICES AND RELATED CLARIFYING 
                        TECHNICAL AMENDMENTS.

    (a) Codification of Requirement for Specification of Amounts 
Requested for Procurement of Contract Services.--
            (1) In general.--Chapter 9 of title 10, United States Code, 
        is amended by inserting after section 234 the following new 
        section:
``Sec. 235. Procurement of contract services: specification of 
                amounts requested in budget

    ``(a) Submission With Annual Budget Justification Materials.--In the 
budget justification materials submitted to Congress in support of the 
Department of Defense budget for any fiscal year (as submitted with the 
budget of the President under section 1105(a) of title 31), the 
Secretary of Defense shall include the information described in 
subsection (b) with respect to the procurement of contract services.
    ``(b) Information Provided.--For each budget account, the materials 
submitted shall clearly and separately identify--
            ``(1) the amount requested for the procurement of contract 
        services for each Department of Defense component, installation, 
        or activity; and
            ``(2) the number of full-time contractor employees (or the 
        equivalent of full-time in the case of part-time contractor 
        employees) projected and justified for each Department of 
        Defense component, installation, or activity based on the 
        inventory of contracts for services required by subsection (c) 
        of section 2330a of this title and the review required by 
        subsection (e) of such section.

    ``(c) Contract Services Defined.--In this section, the term 
`contract services'--
            ``(1) means services from contractors; but

[[Page 123 STAT. 2402]]

            ``(2) excludes services relating to research and development 
        and services relating to military construction.''.
            (2) Clerical amendment.--The table of sections at the 
        beginning of such chapter is amended by adding at the end the 
        following new item:

``235. Procurement of contract services: specification of amounts 
           requested in budget.''.

            (3) Repeal of superseded provision.--Section 806 of the 
        National Defense Authorization Act for Fiscal Year 2008 (Public 
        Law 110-181; 10 U.S.C. 221 note) is repealed.

    (b) Clarification of Contract Services Review and Planning 
Requirements.--Section 2330a(e) of title 10, United States Code, is 
amended in paragraph (4) by inserting after ``plan'' the following: ``, 
including an enforcement mechanism and approval process,''.
    (c) Comptroller General Report on Inventory.--Not later than 180 
days after the date on which the Secretary of Defense submits to 
Congress the inventory required by section 2330a(c) of title 10, United 
States Code, in each of 2010, 2011 and 2012, the Comptroller General of 
the United States shall submit to the Committees on Armed Services of 
the Senate and the House of Representatives a report on the inventory so 
submitted, with such findings and recommendations as the Comptroller 
General considers appropriate.
SEC. 804. <<NOTE: 10 USC 2225 note.>> IMPLEMENTATION OF NEW 
                        ACQUISITION PROCESS FOR INFORMATION 
                        TECHNOLOGY SYSTEMS.

    (a) New Acquisition Process Required.--The Secretary of Defense 
shall develop and implement a new acquisition process for information 
technology systems. The acquisition process developed and implemented 
pursuant to this subsection shall, to the extent determined appropriate 
by the Secretary--
            (1) be based on the recommendations in chapter 6 of the 
        March 2009 report of the Defense Science Board Task Force on 
        Department of Defense Policies and Procedures for the 
        Acquisition of Information Technology; and
            (2) be designed to include--
                    (A) early and continual involvement of the user;
                    (B) multiple, rapidly executed increments or 
                releases of capability;
                    (C) early, successive prototyping to support an 
                evolutionary approach; and
                    (D) a modular, open-systems approach.

    (b) Report to Congress.--Not later than 270 days after the date of 
the enactment of this Act, the Secretary of Defense shall submit to the 
Committees on Armed Services of the Senate and the House of 
Representatives a report on the new acquisition process developed 
pursuant to subsection (a). The report required by this subsection 
shall, at a minimum--
            (1) describe the new acquisition process;
            (2) provide an explanation for any decision by the Secretary 
        to deviate from the criteria established for such process in 
        paragraphs (1) and (2) of subsection (a);
            (3) provide a schedule for the implementation of the new 
        acquisition process;
            (4) identify the categories of information technology 
        acquisitions to which such process will apply; and

[[Page 123 STAT. 2403]]

            (5) include the Secretary's recommendations for any 
        legislation that may be required to implement the new 
        acquisition process.
SEC. 805. <<NOTE: 10 USC 2302 note.>> LIFE-CYCLE MANAGEMENT AND 
                        PRODUCT SUPPORT.

    (a) Guidance on Life-cycle Management. <<NOTE: Deadline.>> --Not 
later than 180 days after the date of the enactment of this Act, the 
Secretary of Defense shall issue comprehensive guidance on life-cycle 
management and the development and implementation of product support 
strategies for major weapon systems. The guidance issued pursuant to 
this subsection shall--
            (1) maximize competition and make the best possible use of 
        available Department of Defense and industry resources at the 
        system, subsystem, and component levels; and
            (2) maximize value to the Department of Defense by providing 
        the best possible product support outcomes at the lowest 
        operations and support cost.

    (b) Product Support Managers.--
            (1) Requirement.--The Secretary of Defense shall require 
        that each major weapon system be supported by a product support 
        manager in accordance with this subsection.
            (2) Responsibilities.--A product support manager for a major 
        weapon system shall--
                    (A) develop and implement a comprehensive product 
                support strategy for the weapon system;
                    (B) conduct appropriate cost analyses to validate 
                the product support strategy, including cost-benefit 
                analyses as outlined in Office of Management and Budget 
                Circular A-94;
                    (C) assure achievement of desired product support 
                outcomes through development and implementation of 
                appropriate product support arrangements;
                    (D) adjust performance requirements and resource 
                allocations across product support integrators and 
                product support providers as necessary to optimize 
                implementation of the product support strategy;
                    (E) periodically review product support arrangements 
                between the product support integrators and product 
                support providers to ensure the arrangements are 
                consistent with the overall product support strategy; 
                and
                    (F) prior to each change in the product support 
                strategy or every five years, whichever occurs first, 
                revalidate any business-case analysis performed in 
                support of the product support strategy.

    (c) Government Performance of Product Support Manager Function.--
Section 820(a) of the John Warner National Defense Authorization Act for 
Fiscal Year 2007 (Public Law 109-364; 120 Stat. 2330) <<NOTE: 10 USC 
1701 note.>> is amended--
            (1) by redesignating paragraphs (3), (4), and (5) as 
        paragraphs (4), (5) and (6), respectively; and
            (2) by inserting after paragraph (2) the following new 
        paragraph (3):
            ``(3) Product support manager.''.

    (d) Definitions.--In this section:
            (1) The term ``product support'' means the package of 
        support functions required to field and maintain the readiness

[[Page 123 STAT. 2404]]

        and operational capability of major weapon systems, subsystems, 
        and components, including all functions related to weapon system 
        readiness.
            (2) The term ``product support arrangement'' means a 
        contract, task order, or any type of other contractual 
        arrangement, or any type of agreement or non-contractual 
        arrangement within the Federal Government, for the performance 
        of sustainment or logistics support required for major weapon 
        systems, subsystems, or components. The term includes 
        arrangements for any of the following:
                    (A) Performance-based logistics.
                    (B) Sustainment support.
                    (C) Contractor logistics support.
                    (D) Life-cycle product support.
                    (E) Weapon systems product support.
            (3) The term ``product support integrator'' means an entity 
        within the Federal Government or outside the Federal Government 
        charged with integrating all sources of product support, both 
        private and public, defined within the scope of a product 
        support arrangement.
            (4) The term ``product support provider'' means an entity 
        that provides product support functions. The term includes an 
        entity within the Department of Defense, an entity within the 
        private sector, or a partnership between such entities.
            (5) The term ``major weapon system'' has the meaning given 
        that term in section 2302d of title 10, United States Code.
SEC. 806. TREATMENT OF NON-DEFENSE AGENCY PROCUREMENTS UNDER JOINT 
                        PROGRAMS WITH INTELLIGENCE COMMUNITY.

    Section 801(b) of the National Defense Authorization Act for Fiscal 
Year 2008 (10 U.S.C. 2304 note) is amended by adding at the end the 
following new paragraph:
            ``(3) Treatment of procurements under joint programs with 
        intelligence community.--For purposes of this subsection, a 
        contract entered into by a non-defense agency that is an element 
        of the intelligence community (as defined in section 3(4) of the 
        National Security Act of 1947 (50 U.S.C. 401a(4))) for the 
        performance of a joint program conducted to meet the needs of 
        the Department of Defense and the non-defense agency shall not 
        be considered a procurement of property or services for the 
        Department of Defense through a non-defense agency.''.
SEC. 807. <<NOTE: 10 USC 113 note.>> POLICY AND REQUIREMENTS TO 
                        ENSURE THE SAFETY OF FACILITIES, 
                        INFRASTRUCTURE, AND EQUIPMENT FOR MILITARY 
                        OPERATIONS.

    (a) Policy.--It shall be the policy of the Department of Defense 
that facilities, infrastructure, and equipment that are intended for use 
by military or civilian personnel of the Department in current or future 
military operations should be inspected for safety and habitability 
prior to such use, and that such facilities should be brought into 
compliance with generally accepted standards for the safety and health 
of personnel to the maximum extent practicable and consistent with the 
requirements of military operations and the best interests of the 
Department of Defense, to minimize the safety and health risk posed to 
such personnel.

[[Page 123 STAT. 2405]]

    (b) <<NOTE: Deadline.>>  Requirements.--Not later than 60 days after 
the date of the enactment of this Act, the Secretary of Defense shall--
            (1) ensure that each contract or task or delivery order 
        entered into for the construction, installation, repair, 
        maintenance, or operation of facilities for use by military or 
        civilian personnel of the Department complies with the policy 
        established in subsection (a);
            (2) ensure that contracts entered into prior to the date 
        that is 60 days after the date of the enactment of this Act 
        comply with such policy to the maximum extent practicable;
            (3) define the term ``generally accepted standards'' with 
        respect to fire protection, structural integrity, electrical 
        systems, plumbing, water treatment, waste disposal, and 
        telecommunications networks for the purposes of this section; 
        and
            (4) provide such exceptions and limitations as may be needed 
        to ensure that this section can be implemented in a manner that 
        is consistent with the requirements of military operations and 
        the best interests of the Department of Defense.

 Subtitle B--Amendments to General Contracting Authorities, Procedures, 
                             and Limitation

SEC. 811. <<NOTE: 41 USC 421 note.>> JUSTIFICATION AND APPROVAL OF 
                        SOLE-SOURCE CONTRACTS.

    (a) In General <<NOTE: Deadline.>> .--Not later than 180 days after 
the date of the enactment of this Act, the Federal Acquisition 
Regulation shall be revised to provide that the head of an agency may 
not award a sole-source contract in a covered procurement for an amount 
exceeding $20,000,000 unless--
            (1) the contracting officer for the contract justifies the 
        use of a sole-source contract in writing;
            (2) the justification is approved by the appropriate 
        official designated to approve contract awards for dollar 
        amounts that are comparable to the amount of the sole-source 
        contract; and
            (3) the justification and related information are made 
        public as provided in sections 2304(f)(1)(C) and 2304(l) of 
        title 10, United States Code, or sections 303(f)(1)(C) and 
        303(j) of the Federal Property and Administrative Services Act 
        of 1949 (41 U.S.C. 253(f)(1)(C) and 253(j)), as applicable.

    (b) Elements of Justification.--The justification of a sole-source 
contract required pursuant to subsection (a) shall include the 
following:
            (1) A description of the needs of the agency concerned for 
        the matters covered by the contract.
            (2) A specification of the statutory provision providing the 
        exception from the requirement to use competitive procedures in 
        entering into the contract.
            (3) A determination that the use of a sole-source contract 
        is in the best interest of the agency concerned.
            (4) A determination that the anticipated cost of the 
        contract will be fair and reasonable.
            (5) Such other matters as the head of the agency concerned 
        shall specify for purposes of this section.

    (c) Definitions.--In this section:

[[Page 123 STAT. 2406]]

            (1) Covered procurement.--The term ``covered procurement'' 
        means either of the following:
                    (A) A procurement described in section 
                2304(f)(2)(D)(ii) of title 10, United States Code.
                    (B) A procurement described in section 
                303(f)(2)(D)(ii) of the Federal Property and 
                Administrative Services Act of 1949 (41 U.S.C. 
                253(f)(2)(D)(ii)).
            (2) Head of an agency.--The term ``head of an agency''--
                    (A) in the case of a covered procurement as defined 
                in paragraph (1)(A), has the meaning provided in section 
                2302(1) of title 10, United States Code; and
                    (B) in the case of a covered procurement as defined 
                in paragraph (1)(B), has the meaning provided the term 
                ``agency head'' in section 309(a) of the Federal 
                Property and Administrative Services Act of 1949 (41 
                U.S.C. 259(a)).
            (3) Appropriate official.--The term ``appropriate official'' 
        means--
                    (A) in the case of a covered procurement as defined 
                in paragraph (1)(A), an official designated in section 
                2304(f)(1)(B) of title 10, United States Code; and
                    (B) in the case of a covered procurement as defined 
                in paragraph (1)(B), an official designated in section 
                303(f)(1)(B) of the Federal Property and Administrative 
                Services Act of 1949 (41 U.S.C. 253(f)(1)(B)).
SEC. 812. <<NOTE: 10 USC 2326 note.>> REVISION OF DEFENSE 
                        SUPPLEMENT RELATING TO PAYMENT OF COSTS 
                        PRIOR TO DEFINITIZATION.

    (a) Revision Required. <<NOTE: Deadline.>> --Not later than 180 days 
after the date of the enactment of this Act, the Secretary of Defense 
shall revise the Defense Supplement to the Federal Acquisition 
Regulation to ensure that any limitations described in subsection (b) 
are applicable to all categories of undefinitized contractual actions 
(including undefinitized task orders and delivery orders).

    (b) Limitations.--The limitations referred to in subsection (a) are 
any limitations on the reimbursement of costs and the payment of profits 
or fees with respect to costs incurred before the definitization of an 
undefinitized contractual action of the Department of Defense, 
including--
            (1) such limitations as described in part 52.216-26 of the 
        Federal Acquisition Regulation; and
            (2) any such limitations implementing the requirements of 
        section 809 of the National Defense Authorization Act for Fiscal 
        Year 2008 (Public Law 110-181; 10 U.S.C. 2326 note).
SEC. 813. REVISIONS TO DEFINITIONS RELATING TO CONTRACTS IN IRAQ 
                        AND AFGHANISTAN.

    (a) Revisions to Definition of Contract in Iraq or Afghanistan.--
Section 864(a)(2) of the National Defense Authorization Act for Fiscal 
Year 2008 (Public Law 110-181; 122 Stat. 258; 10 U.S.C. 2302 note) is 
amended--
            (1) by striking ``or a task order or delivery order at any 
        tier issued under such a contract'' and inserting ``a task order 
        or delivery order at any tier issued under such a contract, a 
        grant, or a cooperative agreement'';
            (2) by striking in the parenthetical ``or task order or 
        delivery order'' and inserting ``task order, delivery order, 
        grant, or cooperative agreement'';

[[Page 123 STAT. 2407]]

            (3) by striking ``or task or delivery order'' after the 
        parenthetical and inserting ``task order, delivery order, grant, 
        or cooperative agreement''; and
            (4) by striking ``14 days'' and inserting ``30 days''.

    (b) Revision to Definition of Covered Contract.--Section 864(a)(3) 
of such Act (Public Law 110-181; 122 Stat. 259; 10 U.S.C. 2302 note) is 
amended--
            (1) by striking ``or'' at the end of subparagraph (B);
            (2) by striking the period and inserting a semicolon at the 
        end of subparagraph (C); and
            (3) by adding at the end the following new subparagraphs:
                    ``(D) a grant for the performance of services in an 
                area of combat operations, as designated by the 
                Secretary of Defense under subsection (c) of section 
                862; or
                    ``(E) a cooperative agreement for the performance of 
                services in such an area of combat operations.''.

    (c) Revision to Definition of Contractor.--Paragraph (4) of section 
864(a) of such Act (Public Law 110-181; 122 Stat. 259; 10 U.S.C. 2302 
note) is amended to read as follows:
            ``(4) Contractor.--The term `contractor', with respect to a 
        covered contract, means--
                    ``(A) in the case of a covered contract that is a 
                contract, subcontract, task order, or delivery order, 
                the contractor or subcontractor carrying out the covered 
                contract;
                    ``(B) in the case of a covered contract that is a 
                grant, the grantee; and
                    ``(C) in the case of a covered contract that is a 
                cooperative agreement, the recipient.''.

    (d) Revision in Value of Contracts Covered by Certain Report.--
Section 1248(c)(1)(B) of such Act (Public Law 110-181; 122 Stat. 
400) <<NOTE: 8 USC 1157 note.>> is amended by striking ``$25,000'' and 
inserting ``$100,000''.
SEC. 814. AMENDMENT TO NOTIFICATION REQUIREMENTS FOR AWARDS OF 
                        SINGLE SOURCE TASK OR DELIVERY ORDERS.

    (a) Congressional Defense Committees.--Subparagraph (B) of section 
2304a(d)(3) of title 10, United States Code, is amended to read as 
follows:
    ``(B) <<NOTE: Deadline.>> The head of the agency shall notify the 
congressional defense committees within 30 days after any determination 
under clause (i), (ii), (iii), or (iv) of subparagraph (A).''.

    (b) <<NOTE: 10 USC 2304a note.>> Congressional Intelligence 
Committees.--In the case of a task or delivery order contract awarded 
with respect to intelligence activities of the Department of Defense, 
any notification provided under subparagraph (B) of section 2304a(d)(3) 
of title 10, United States Code, as amended by subsection (a), shall 
also be provided at the same time as notification is provided to the 
congressional defense committees under that subparagraph--
            (1) to the Permanent Select Committee on Intelligence of the 
        House of Representatives insofar as such task or delivery order 
        contract relates to tactical intelligence and intelligence-
        related activities of the Department; and
            (2) to the Select Committee on Intelligence of the Senate 
        and the Permanent Select Committee on Intelligence of the House 
        of Representatives insofar as such task or delivery order 
        contract relates to intelligence and intelligence-related 
        activities

[[Page 123 STAT. 2408]]

        of the Department other than those specified in paragraph (1).
SEC. 815. CLARIFICATION OF UNIFORM SUSPENSION AND DEBARMENT 
                        REQUIREMENT.

    Section 2455(c)(1) of the Federal Acquisition Streamlining Act of 
1994 (31 U.S.C. 6101 note) is amended by adding at the end the 
following: ``Such term includes subcontracts at any tier, other than 
subcontracts for commercially available off-the-shelf items (as defined 
in section 35(c) of the Office of Federal Procurement Policy Act (41 
U.S.C. 431(c))), except that in the case of a contract for commercial 
items, such term includes only first-tier subcontracts.''.
SEC. 816. EXTENSION OF AUTHORITY FOR USE OF SIMPLIFIED ACQUISITION 
                        PROCEDURES FOR CERTAIN COMMERCIAL ITEMS.

    Section 4202 of the Clinger-Cohen Act of 1996 (division D of Public 
Law 104-106; 110 Stat. 652; 10 U.S.C. 2304 note) as amended by section 
822 of the National Defense Authorization Act for Fiscal Year 2008 
(Public Law 110-181; 122 Stat. 226) is amended in subsection (e) by 
striking ``2010'' and inserting ``2012''.
SEC. 817. REPORTING REQUIREMENTS FOR PROGRAMS THAT QUALIFY AS BOTH 
                        MAJOR AUTOMATED INFORMATION SYSTEM 
                        PROGRAMS AND MAJOR DEFENSE ACQUISITION 
                        PROGRAMS.

    (a) In General.--Section 2445d of title 10, United States Code, is 
amended by striking ``of this title'' and all that follows and inserting 
``of this title, the Secretary may designate the program to be treated 
only as a major automated information system program covered by this 
chapter or to be treated only as a major defense acquisition program 
covered by such chapter 144.''.
    (b) <<NOTE: 10 USC 2445d note.>> Guidance Required.--Not later than 
180 days after the date of the enactment of this Act, the Secretary of 
Defense shall issue guidance on the implementation of section 2445d of 
title 10, United States Code (as amended by subsection (a)). The 
guidance shall provide that, as a general rule--
            (1) a program covered by such section that requires the 
        development of customized hardware shall be treated only as a 
        major defense acquisition program under chapter 144 of title 10, 
        United States Code; and
            (2) a program covered by such section that does not require 
        the development of customized hardware shall be treated only as 
        a major automated information system program under chapter 144A 
        of title 10, United States Code.
SEC. 818. SMALL ARMS PRODUCTION INDUSTRIAL BASE MATTERS.

    (a) Authority To Modify Definition of ``Small Arms Production 
Industrial Base''.--Section 2473(c) of title 10, United States Code, is 
amended--
            (1) by striking ``In this section'' and inserting ``(1) 
        Subject to paragraph (2), in this section''; and
            (2) by adding at the end the following new paragraph:

    ``(2) After March 31, 2010, the Secretary of Defense may eliminate, 
modify, or add to the firms included in the small arms production 
industrial base, as defined in paragraph (1), as he determines 
appropriate to best ensure the competitive development, production, and 
maintenance of small arms for the Department of Defense.''.
    (b) Review of Small Arms Production Industrial Base.--

[[Page 123 STAT. 2409]]

            (1) Review. <<NOTE: Deadline. Determination.>> --Not later 
        than March 31, 2010, the Secretary of Defense shall review and 
        determine, based on current and future Department requirements 
        and competitive manufacturing capability and capacity--
                    (A) whether any firms included in the small arms 
                production industrial base (as that term is defined in 
                section 2473(c) of title 10, United States Code) should 
                be eliminated or modified and whether any additional 
                firms should be included; and
                    (B) whether any of the small arms listed in section 
                2473(d) of title 10, United States Code, should be 
                eliminated from the list or modified on the list and 
                whether any additional small arms should be included in 
                the list.
            (2) Reports.--
                    (A) Not later than March 31, 2010, the Secretary of 
                Defense shall submit to the congressional defense 
                committees a report on the review conducted under this 
                subsection.
                    (B) The Secretary of Defense shall notify the 
                congressional defense committees not later than 30 days 
                after making any modification to the list maintained 
                pursuant to subsection (c) of section 2473 of title 10, 
                United States Code, or the list under subsection (d) of 
                such section.
SEC. 819. <<NOTE: 10 USC 2302 note.>> CONTRACT AUTHORITY FOR 
                        ADVANCED COMPONENT DEVELOPMENT OR 
                        PROTOTYPE UNITS.

    (a) Authority.--A contract initially awarded from the competitive 
selection of a proposal resulting from a general solicitation referred 
to in section 2302(2)(B) of title 10, United States Code, may contain a 
contract line item or contract option for--
            (1) the provision of advanced component development or 
        prototype of technology developed under the contract; or
            (2) the delivery of initial or additional prototype items if 
        the item or a prototype thereof is created as the result of work 
        performed under the contract.

    (b) Limitations.--
            (1) Minimal amount.--A contract line item or contract option 
        described in subsection (a)(2) shall require the delivery of the 
        minimal amount of initial or additional prototype items to allow 
        for the timely competitive solicitation and award of a follow-on 
        development or production contract for those items.
            (2) Term.--A contract line item or contract option described 
        in subsection (a) shall be for a term of not more than 12 
        months.
            (3) Dollar value of work.--The dollar value of the work to 
        be performed pursuant to a contract line item or contract option 
        described in subsection (a) may not exceed the lesser of the 
        amounts as follows:
                    (A) The amount that is three times the dollar value 
                of the work previously performed under the contract.
                    (B) $20,000,000.
            (4) Termination of authority.--A military department or 
        defense agency may not exercise a contract line item or contract 
        option pursuant to the authority provided in subsection (a) 
        after September 30, 2014.

    (c) Report.--The Secretary of Defense shall submit to the 
congressional defense committees a report on the use of the

[[Page 123 STAT. 2410]]

authority provided by subsection (a) not later than March 1, 2013. The 
report shall, at a minimum, describe--
            (1) the number of times a contract line item or contract 
        option was exercised under such authority, the dollar amount of 
        each such line item or option, and the scope of each such line 
        item or option;
            (2) the circumstances that rendered the military department 
        or defense agency unable to solicit and award a follow-on 
        development or production contract in a timely fashion, but for 
        the use of such authority;
            (3) the extent to which such authority affected competition 
        and technology transition; and
            (4) such recommendations as the Secretary considers 
        appropriate, including any recommendations regarding the 
        modification or extension of such authority.
SEC. 820. <<NOTE: 10 USC 2304 note.>> PUBLICATION OF NOTIFICATION 
                        OF BUNDLING OF CONTRACTS OF THE DEPARTMENT 
                        OF DEFENSE.

    (a) Requirement to Publish Notification for Bundling.--A <<NOTE: Web 
posting. Deadline. Determination.>>  contracting officer of the 
Department of Defense carrying out a covered acquisition shall publish a 
notification consistent with the requirements of paragraph (c)(2) of 
subpart 10.001 of the Federal Acquisition Regulation on the website 
known as FedBizOpps.gov (or any successor site) at least 30 days prior 
to the release of a solicitation for such acquisition and, if the agency 
has determined that measurably substantial benefits are expected to be 
derived as a result of bundling such acquisition, shall include in the 
notification a brief description of the benefits.

    (b) Covered Acquisition Defined.--In this section, the term 
``covered acquisition'' means an acquisition that is--
            (1) funded entirely using funds of the Department of 
        Defense; and
            (2) covered by subpart 7.107 of the Federal Acquisition 
        Regulation (relating to acquisitions involving bundling).

    (c) Construction.--
            (1) Notification.--Nothing in this section shall be 
        construed to alter the responsibility of a contracting officer 
        to provide the notification referred to in subsection (a) with 
        respect to a covered acquisition, or otherwise provide 
        notification, to any party concerning such acquisition under any 
        other requirement of law or regulation.
            (2) Disclosure.--Nothing in this section shall be construed 
        to require the public availability of information that is exempt 
        from public disclosure under section 552(b) of title 5, United 
        States Code, or is otherwise restricted from public disclosure 
        by law or Executive order.
            (3) Issuance of solicitation.--Nothing in this section shall 
        be construed to require a contracting officer to delay the 
        issuance of a solicitation in order to meet the requirements of 
        subsection (a) if the expedited issuance of such solicitation is 
        otherwise authorized under any other requirement of law or 
        regulation.

[[Page 123 STAT. 2411]]

                     Subtitle C--Contractor Matters

SEC. 821. AUTHORITY FOR GOVERNMENT SUPPORT CONTRACTORS TO HAVE 
                        ACCESS TO TECHNICAL DATA BELONGING TO 
                        PRIME CONTRACTORS.

    (a) Authority for Access to Technical Data.--Subsection (c) of 
section 2320 of title 10, United States Code, is amended--
            (1) in paragraph (1), by striking ``or'' at the end;
            (2) by redesignating paragraph (2) as paragraph (3); and
            (3) by inserting after paragraph (1) the following new 
        paragraph (2):
            ``(2) notwithstanding any limitation upon the license rights 
        conveyed under subsection (a), allowing a covered Government 
        support contractor access to and use of any technical data 
        delivered under a contract for the sole purpose of furnishing 
        independent and impartial advice or technical assistance 
        directly to the Government in support of the Government's 
        management and oversight of the program or effort to which such 
        technical data relates; or''.

    (b) Covered Government Support Contractor Defined.--Such section is 
further amended by adding at the end the following new subsection:
    ``(f) In this section, the term `covered Government support 
contractor' means a contractor under a contract the primary purpose of 
which is to furnish independent and impartial advice or technical 
assistance directly to the Government in support of the Government's 
management and oversight of a program or effort (rather than to directly 
furnish an end item or service to accomplish a program or effort), which 
contractor--
            ``(1) is not affiliated with the prime contractor or a 
        first-tier subcontractor on the program or effort, or with any 
        direct competitor of such prime contractor or any such first-
        tier subcontractor in furnishing end items or services of the 
        type developed or produced on the program or effort; and
            ``(2) executes a contract with the Government agreeing to 
        and acknowledging--
                    ``(A) that proprietary or nonpublic technical data 
                furnished will be accessed and used only for the 
                purposes stated in that contract;
                    ``(B) that the covered Government support contractor 
                will enter into a non-disclosure agreement with the 
                contractor to whom the rights to the technical data 
                belong;
                    ``(C) that the covered Government support contractor 
                will take all reasonable steps to protect the 
                proprietary and nonpublic nature of the technical data 
                furnished to the covered Government support contractor 
                during the program or effort for the period of time in 
                which the Government is restricted from disclosing the 
                technical data outside of the Government;
                    ``(D) that a breach of that contract by the covered 
                Government support contractor with regard to a third 
                party's ownership or rights in such technical data may 
                subject the covered Government support contractor--
                          ``(i) to criminal, civil, administrative, and 
                      contractual actions in law and equity for 
                      penalties, damages,

[[Page 123 STAT. 2412]]

                      and other appropriate remedies by the United 
                      States; and
                          ``(ii) to civil actions for damages and other 
                      appropriate remedies by the contractor or 
                      subcontractor whose technical data is affected by 
                      the breach; and
                    ``(E) that such technical data provided to the 
                covered Government support contractor under the 
                authority of this section shall not be used by the 
                covered Government support contractor to compete against 
                the third party for Government or non-Government 
                contracts.''.
SEC. 822. EXTENSION AND ENHANCEMENT OF AUTHORITIES ON THE 
                        COMMISSION ON WARTIME CONTRACTING IN IRAQ 
                        AND AFGHANISTAN.

    (a) Date of Final Report.--Subsection (d)(3) of section 841 of the 
National Defense Authorization Act for Fiscal Year 2008 (Public Law 110-
181; 122 Stat. 230) is amended by striking ``two years'' and inserting 
``three years''.
    (b) Assistance From Federal Agencies.--Such section is further 
amended--
            (1) by redesignating subsections (f) and (g) as subsections 
        (g) and (h), respectively; and
            (2) by inserting after subsection (e) the following new 
        subsection (f):

    ``(f) Assistance From Federal Agencies.--
            ``(1) Department of defense.--The Secretary of Defense shall 
        provide to the Commission administrative support for the 
        performance of the Commission's functions in carrying out the 
        requirements of this section.
            ``(2) Travel and lodging in combat theaters.--The 
        administrative support provided the Commission under paragraph 
        (1) shall include travel and lodging undertaken in combat 
        theaters, which support shall be provided through funds made 
        available for that purpose through the Washington Headquarters 
        Services or on a non-reimbursable basis, as appropriate.
            ``(3) Other departments and agencies.--In addition to the 
        support required by paragraph (1), any department or agency of 
        the Federal Government may provide to the Commission such 
        services, funds, facilities, staff, and other support services 
        for the performance of the Commission's functions as the head of 
        such department or agency considers advisable, or as may 
        otherwise be authorized by law.''.
SEC. 823. <<NOTE: 10 USC 2302 note.>> AUTHORITY FOR SECRETARY OF 
                        DEFENSE TO REDUCE OR DENY AWARD FEES TO 
                        COMPANIES FOUND TO JEOPARDIZE HEALTH OR 
                        SAFETY OF GOVERNMENT PERSONNEL.

    (a) Authority To Reduce or Deny Award Fees.-- 
<<NOTE: Deadline. Guidance.>> Not later than 180 days after the date of 
the enactment of this Act, the Secretary of Defense shall revise the 
guidance issued pursuant to section 814 of the John Warner National 
Defense Authorization Act for Fiscal Year 2007 (Public Law 109-364; 129 
Stat. 2321) to ensure that all covered contracts using award fees--
            (1) provide for the consideration of any incident described 
        in subsection (b) in evaluations of contractor performance for 
        the relevant award fee period; and

[[Page 123 STAT. 2413]]

            (2) authorize the Secretary to reduce or deny award fees for 
        the relevant award fee period, or to recover all or part of 
        award fees previously paid for such period, on the basis of the 
        negative impact of such incident on contractor performance.

    (b) Covered Incidents.--An incident referred to in subsection (a) is 
any incident in which the contractor--
            (1) has been determined, through a criminal, civil, or 
        administrative proceeding that results in a disposition listed 
        in subsection (c), in the performance of a covered contract to 
        have caused serious bodily injury or death to any civilian or 
        military personnel of the Government through gross negligence or 
        with reckless disregard for the safety of such personnel; or
            (2) has been determined, through a criminal, civil, or 
        administrative proceeding that results in a disposition listed 
        in subsection (c), to be liable for actions of a subcontractor 
        of the contractor that caused serious bodily injury or death to 
        any civilian or military personnel of the Government, through 
        gross negligence or with reckless disregard for the safety of 
        such personnel.

    (c) List of Dispositions in Criminal, Civil, or Administrative 
Proceedings.--For purposes of subsection (a), the dispositions listed in 
this subsection are as follows:
            (1) In a criminal proceeding, a conviction.
            (2) In a civil proceeding, a finding of fault and liability 
        that results in the payment of a monetary fine, penalty, 
        reimbursement, restitution, or damages of $5,000 or more.
            (3) In an administrative proceeding, a finding of fault and 
        liability that results in--
                    (A) the payment of a monetary fine or penalty of 
                $5,000 or more; or
                    (B) the payment of a reimbursement, restitution, or 
                damages in excess of $100,000.
            (4) To the maximum extent practicable and consistent with 
        applicable laws and regulations, in a criminal, civil, or 
        administrative proceeding, a disposition of the matter by 
        consent or compromise with an acknowledgment of fault by the 
        person if the proceeding could have led to any of the outcomes 
        specified in paragraph (1), (2), or (3).

    (d) Definitions.--In this section:
            (1) The term ``defense contractor'' means a company awarded 
        a covered contract.
            (2) The term ``covered contract'' means a contract awarded 
        by the Department of Defense for the procurement of goods or 
        services.
            (3) The term ``serious bodily injury'' means a grievous 
        physical harm that results in a permanent disability.

    (e) Effective Date.--This section shall apply with respect to 
contracts entered into after the date occurring 180 days after the date 
of the enactment of this Act.

[[Page 123 STAT. 2414]]

                Subtitle D--Acquisition Workforce Matters

SEC. 831. ENHANCEMENT OF EXPEDITED HIRING AUTHORITY FOR DEFENSE 
                        ACQUISITION WORKFORCE POSITIONS.

    (a) In General.--Paragraph (1) of section 1705(h) of title 10, 
United States Code, is amended--
            (1) in subparagraph (A), by striking ``acquisition positions 
        within the Department of Defense as shortage category 
        positions'' and inserting ``acquisition workforce positions as 
        positions for which there exists a shortage of candidates or 
        there is a critical hiring need''; and
            (2) in subparagraph (B), by striking ``highly''.

    (b) Extension.--Paragraph (2) of such section is amended by striking 
``September 30, 2012'' and inserting ``September 30, 2015''.
    (c) Technical Amendment.--Paragraph (1) of such section is further 
amended by striking ``United States Code,'' in the matter preceding 
subparagraph (A).
SEC. 832. FUNDING OF DEPARTMENT OF DEFENSE ACQUISITION WORKFORCE 
                        DEVELOPMENT FUND.

    (a) Additional Element of Fund.--Subsection (d) of section 1705 of 
title 10, United States Code, is amended--
            (1) in paragraph (1)--
                    (A) by redesignating subparagraph (B) as 
                subparagraph (C); and
                    (B) by inserting after subparagraph (A) the 
                following new subparagraph (B):
                    ``(B) Amounts transferred to the Fund pursuant to 
                paragraph (3).''; and
            (2) by adding at the end the following new paragraph:
            ``(3) Transfer of certain unobligated balances.--To the 
        extent provided in appropriations Acts, the Secretary of Defense 
        may, during the 24-month period following the expiration of 
        availability for obligation of any appropriations made to the 
        Department of Defense for procurement, research, development, 
        test, and evaluation, or operation and maintenance, transfer to 
        the Fund any unobligated balance of such appropriations. Any 
        amount so transferred shall be credited to the Fund.''.

    (b) Nature of Expended Amounts Providing Basis for Credit to Fund.--
Subparagraph (A) of paragraph (2) of such subsection is amended by 
striking ``, other than'' and all that follows and inserting ``from 
amounts available for contract services for operation and 
maintenance.''.
    (c) Remittances.--Subparagraph (B) of paragraph (2) of such 
subsection is amended by inserting ``, from amounts available to such 
military department or Defense Agency, as the case may be, for contract 
services for operation and maintenance,'' after ``remit to the Secretary 
of Defense''.
    (d) Additional Matters Relating to Remittances.--
            (1) Remittance by fiscal year instead of quarter.--
        Subparagraph (B) of paragraph (2) of such subsection is 
        amended--
                    (A) in the first sentence, by striking ``the third 
                fiscal year quarter'' and all that follows through 
                ``thereafter'' and inserting ``the first quarter of each 
                fiscal year''; and

[[Page 123 STAT. 2415]]

                    (B) by striking ``quarter'' before ``for services''.
            (2) Additional requirements and limitations.--Such 
        subsection is further amended--
                    (A) in paragraph (2)(B), by striking ``Not later 
                than'' and inserting ``Subject to paragraph (4), not 
                later than''; and
                    (B) by adding at the end the following new 
                paragraph:
            ``(4) Additional requirements and limitations on 
        remittances.--(A) In the event amounts are transferred to the 
        Fund during a fiscal year pursuant to paragraph (1)(B) or 
        appropriated to the Fund for a fiscal year pursuant to paragraph 
        (1)(C), the aggregate amount otherwise required to be remitted 
        to the Fund for that fiscal year pursuant to paragraph (2)(B) 
        shall be reduced by the amount equal to the amounts so 
        transferred or appropriated to the Fund during or for that 
        fiscal year. Any reduction in the aggregate amount required to 
        be remitted to the Fund for a fiscal year under this 
        subparagraph shall be allocated as provided in applicable 
        provisions of appropriations Acts or, absent such provisions, on 
        a pro rata basis among the military departments and Defense 
        Agencies required to make remittances to the Fund for that 
        fiscal year under paragraph (2)(B), subject to any exclusions 
        the Secretary of Defense determines to be necessary in the best 
        interests of the Department of Defense.
            ``(B) Any remittance of amounts to the Fund for a fiscal 
        year under paragraph (2) shall be subject to the availability of 
        appropriations for that purpose.''.

    (e) Remittance Amounts.--Paragraph (2) of such subsection is further 
amended by striking subparagraphs (C) and (D) and inserting the 
following new subparagraphs:
                    ``(C) For purposes of this paragraph, the applicable 
                percentage for a fiscal year is the percentage that 
                results in the credit to the Fund in such fiscal year of 
                an amount as follows:
                          ``(i) For fiscal year 2010, $100,000,000.
                          ``(ii) For fiscal year 2011, $770,000,000.
                          ``(iii) For fiscal year 2012, $900,000,000.
                          ``(iv) For fiscal year 2013, $1,180,000,000.
                          ``(v) For fiscal year 2014, $1,330,000,000.
                          ``(vi) For fiscal year 2015, $1,470,000,000.
                    ``(D) The Secretary of Defense may reduce an amount 
                specified in subparagraph (C) for a fiscal year if the 
                Secretary determines that the amount is greater than is 
                reasonably needed for purposes of the Fund for such 
                fiscal year. The Secretary may not reduce the amount for 
                a fiscal year to an amount that is less than 80 percent 
                of the amount otherwise specified in subparagraph (C) 
                for such fiscal year.''.

    (f) Clarification of Limitation on Pay of Base Salary of Current 
Employees.--Subsection (e)(5) of such section is amended by striking 
``as of the date of the enactment of the National Defense Authorization 
Act for Fiscal Year 2008'' and inserting ``serving in a position in the 
acquisition workforce as of January 28, 2008''.
    (g) Technical Amendments.--
            (1) Subsection (a) of such section is amended by inserting 
        ``Development'' after ``Workforce''.

[[Page 123 STAT. 2416]]

            (2) Subsection (f) of such section is amended in the matter 
        preceding paragraph (1) by striking ``beginning with fiscal year 
        2008''.

    (h) <<NOTE: 10 USC 1705 note.>> Effective Dates.--
            (1) Funding amendments.--The amendments made by subsections 
        (a) through (c) shall take effect as of October 1, 2009.
            (2) Technical amendments.--The amendments made by 
        subsections (f) and (g) shall take effect on the date of the 
        enactment of this Act.
SEC. 833. REVIEW OF POST-EMPLOYMENT RESTRICTIONS APPLICABLE TO THE 
                        DEPARTMENT OF DEFENSE.

    (a) Review Required.--The Panel on Contracting Integrity, 
established pursuant to section 813 of the John Warner National Defense 
Authorization Act for Fiscal Year 2007 (Public Law 109-364), shall 
review policies relating to post-employment restrictions on former 
Department of Defense personnel to determine whether such policies 
adequately protect the public interest, without unreasonably limiting 
future employment options for former Department of Defense personnel.
    (b) Matters Considered.--In performing the review required by 
subsection (a), the Panel shall consider the extent to which current 
post-employment restrictions--
            (1) appropriately protect the public interest by preventing 
        personal conflicts of interests and preventing former Department 
        of Defense officials from exercising undue or inappropriate 
        influence on the Department of Defense;
            (2) appropriately require disclosure of personnel accepting 
        employment with contractors of the Department of Defense 
        involving matters related to their official duties;
            (3) use appropriate thresholds, in terms of salary or 
        duties, for the establishment of such restrictions;
            (4) are sufficiently straightforward and have been explained 
        to personnel of the Department of Defense so that such personnel 
        are able to avoid potential violations of post-employment 
        restrictions and conflicts of interest in interactions with 
        former personnel of the Department;
            (5) appropriately apply to all personnel performing duties 
        in acquisition-related activities, such as personnel involved 
        in--
                    (A) the establishment of requirements;
                    (B) testing and evaluation; and
                    (C) the development of doctrine;
            (6) ensure that the Department of Defense has access to 
        world-class talent, especially with respect to highly qualified 
        technical, engineering, and acquisition expertise; and
            (7) ensure that service in the Department of Defense remains 
        an attractive career option.

    (c) Completion of the Review.--The Panel shall complete the review 
required by subsection (a) not later than one year after the date of the 
enactment of this Act.
    (d) Report to Committees on Armed Services.--Not later than 30 days 
after the completion of the review, the Panel shall submit to the 
Committees on Armed Services of the Senate and the House of 
Representatives a report containing the findings of the review and the 
recommendations of the Panel to the Secretary

[[Page 123 STAT. 2417]]

of Defense, including recommended legislative or regulatory changes, 
resulting from the review.
    (e) <<NOTE: Deadlines.>> National Academy of Public Administration 
Assessment.--
            (1) Not later than 30 days after the completion of the 
        review, the Secretary of Defense shall enter into an arrangement 
        with the National Academy of Public Administration to assess the 
        findings and recommendations of the review.
            (2) Not later than 210 days after the completion of the 
        review, the National Academy of Public Administration shall 
        provide its assessment of the review to the Secretary, along 
        with such additional recommendations as the National Academy may 
        have.
            (3) Not later than 30 days after receiving the assessment, 
        the Secretary shall provide the assessment, along with such 
        comments as the Secretary considers appropriate, to the 
        Committees on Armed Services of the Senate and the House of 
        Representatives.
SEC. 834. REVIEW OF FEDERAL ACQUISITION WORKFORCE TRAINING AND 
                        HIRING.

    (a) Comptroller General Report on the Government-wide Acquisition 
Workforce Development Strategic Plan.--Not later than 180 days after the 
Acquisition Workforce Development Strategic Plan required by section 869 
of the Duncan Hunter National Defense Authorization Act for Fiscal Year 
2009 (Public Law 110-417; 122 Stat. 4553) is completed, the Comptroller 
General of the United States shall submit to the relevant committees of 
Congress a report on the Plan.
    (b) Matters Covered.--The report required under subsection (a) shall 
include assessments of the following:
            (1) The methodologies used to formulate the Acquisition 
        Workforce Development Strategic Plan and its recommendations.
            (2) The extent to which the Acquisition Workforce 
        Development Strategic Plan addresses previously identified 
        shortcomings in the acquisition workforce and prior efforts by 
        agencies to develop acquisition workforce plans, including the 
        strategies used to identify and hire acquisition personnel.
            (3) The feasibility of the Acquisition Workforce Development 
        Strategic Plan's recommendations and associated time frames for 
        implementation, particularly as they relate to the development 
        of a sustainable funding model and the applicability of the 
        Defense Acquisition Workforce Development Fund model to civilian 
        agencies.
            (4) The extent to which the Acquisition Workforce 
        Development Strategic Plan considered the use by agencies of 
        contractor personnel to supplement the acquisition workforce.
            (5) Whether the Acquisition Workforce Development Strategic 
        Plan considered the full range of laws, regulations, and 
        policies that currently apply to the acquisition workforce.
            (6) The extent to which the Acquisition Workforce 
        Development Strategic Plan considered the specific training and 
        retention tools (whether located within or outside an agency) 
        used to professionally develop and retain acquisition personnel, 
        including the following:
                    (A) The Defense Acquisition University.

[[Page 123 STAT. 2418]]

                    (B) The Federal Acquisition Institute.
                    (C) Continuing education and professional 
                development opportunities available to acquisition 
                professionals.
                    (D) Opportunities to pursue higher education 
                available to acquisition personnel, including 
                scholarships and student loan forgiveness.
            (7) Such other matters, findings, and recommendations as the 
        Comptroller General considers appropriate.

    (c) Relevant Committees. <<NOTE: Definition.>> --In this section, 
the term ``relevant committees'' means each of the following:
            (1) The Committee on Oversight and Government Reform of the 
        House of Representatives.
            (2) The Committee on Armed Services of the House of 
        Representatives.
            (3) The Committee on Homeland Security and Government 
        Affairs of the Senate.
            (4) The Committee on Armed Services of the Senate.

                        Subtitle E--Other Matters

SEC. 841. REPORTS TO CONGRESS ON FULL DEPLOYMENT DECISIONS FOR 
                        MAJOR AUTOMATED INFORMATION SYSTEM 
                        PROGRAMS.

    (a) Implementation Schedule.--Section 2445b(b)(2) of title 10, 
United States Code, is amended by striking ``initial operational 
capability, and full operational capability'' and inserting ``full 
deployment decision, and full deployment''.
    (b) Critical Changes in Program.--Section 2445c(d)(2)(A) of such 
title is amended by striking ``initial operational capability'' and 
inserting ``a full deployment decision''.
    (c) Definitions.--Section 2445a of such title is amended by adding 
at the end the following new subsections:
    ``(e) Full Deployment Decision.--In this chapter, the term `full 
deployment decision' means, with respect to a major automated 
information system program, the final decision made by the Milestone 
Decision Authority authorizing an increment of the program to deploy 
software for operational use.
    ``(f) Full Deployment.--In this chapter, the term `full deployment' 
means, with respect to a major automated information system program, the 
fielding of an increment of the program in accordance with the terms of 
a full deployment decision.''.
SEC. 842. <<NOTE: 50 USC app. 2093 note.>> AUTHORIZATION TO TAKE 
                        ACTIONS TO CORRECT THE INDUSTRIAL RESOURCE 
                        SHORTFALL FOR HIGH-PURITY BERYLLIUM METAL.

    Notwithstanding any limitation in section 303 of the Defense 
Production Act of 1950 (50 U.S.C. App. 2093), an action may be taken 
under such section to correct an industrial resource shortfall or 
domestic industrial base shortfall for high-purity beryllium metal if 
such action does not cause the aggregate outstanding amount of all such 
actions for such shortfall to exceed ``$85,000,000''.
SEC. 843. REPORT ON RARE EARTH MATERIALS IN THE DEFENSE SUPPLY 
                        CHAIN.

    (a) Report Required.--Not later than April 1, 2010, the Comptroller 
General shall submit to the Committees on Armed Services

[[Page 123 STAT. 2419]]

of the Senate and House of Representatives a report on rare earth 
materials in the supply chain of the Department of Defense.
    (b) Matters Addressed.--The report required by subsection (a) shall 
address, at a minimum, the following:
            (1) An analysis of the current and projected domestic and 
        worldwide availability of rare earths for use in defense 
        systems, including an analysis of projected availability of 
        these materials in the export market.
            (2) An analysis of actions or events outside the control of 
        the Government of the United States that could restrict the 
        access of the Department of Defense to rare earth materials, 
        such as past procurements and attempted procurements of rare 
        earth mines and mineral rights.
            (3) A determination as to which defense systems are 
        currently dependent on, or projected to become dependent on, 
        rare earth materials, particularly neodymium iron boron magnets, 
        whose supply could be restricted--
                    (A) by actions or events identified pursuant to 
                paragraph (2); or
                    (B) by other actions or events outside the control 
                of the Government of the United States.
            (4) The risk to national security, if any, of the 
        dependencies (current or projected) identified pursuant to 
        paragraph (3).
            (5) Any steps that the Department of Defense has taken or is 
        planning to take to address any such risk to national security.
            (6) Such recommendations for further action to address the 
        matters covered by the report as the Comptroller General 
        considers appropriate.

    (c) Definitions.--In this section:
            (1) The term ``rare earth'' means the chemical elements, all 
        metals, beginning with lanthanum, atomic number 57, and 
        including all of the natural chemical elements in the periodic 
        table following lanthanum up to and including lutetium, element 
        number 71. The term also includes the elements yttrium and 
        scandium.
            (2) The term ``rare earth material'' includes rare earth 
        ores, semi-finished rare earth products, and components 
        containing rare earth materials.
SEC. 844. COMPTROLLER GENERAL REPORT ON STRUCTURE AND MANAGEMENT 
                        OF SUBCONTRACTORS UNDER CONTRACTS FOR 
                        MAJOR WEAPON SYSTEMS.

    (a) Study.--The Comptroller General shall conduct a study on the 
structure and management of major subcontracts under contracts for the 
acquisition of selected major weapon systems.
    (b) Issues To Be Addressed.--At a minimum, the study required by 
subsection (a) shall address the following:
            (1) The number of major subcontracts under each prime 
        contract reviewed.
            (2) The manner in which the prime contractor addressed 
        decisions to conduct work in-house or through subcontracts.
            (3) The manner in which any potential organizational 
        conflicts of interest were addressed and the Government's role 
        (if any) in selecting the approach chosen.

[[Page 123 STAT. 2420]]

            (4) The manner in which such subcontracts were awarded 
        (including the degree of competition) and the Government's role 
        (if any) in such award decisions.
            (5) Any recommendations that the Comptroller General may 
        have for improving Government oversight, reducing the oversight 
        burden on the acquisition workforce, or otherwise improving the 
        management of subcontractors under contracts for the acquisition 
        of major weapon systems.

    (c) Deadline for Submission.--Not later than one year after the date 
of the enactment of this Act, the Comptroller General shall submit to 
the Committees on Armed Services of the Senate and the House of 
Representatives a report on the results of the study required by 
subsection (a), with such findings and recommendations as the 
Comptroller General considers appropriate.
SEC. 845. STUDY OF THE USE OF FACTORS OTHER THAN COST OR PRICE AS 
                        THE PREDOMINATE FACTORS IN EVALUATING 
                        COMPETITIVE PROPOSALS FOR DEFENSE 
                        PROCUREMENT CONTRACTS.

    (a) Study Required.--The Comptroller General of the United States 
shall conduct a study of Department of Defense procurements that use 
solicitations in which evaluation factors other than cost or price, when 
combined, are more important than cost or price.
    (b) Issues To Be Addressed.--The study required by subsection (a) 
shall include, at a minimum, an assessment of--
            (1) the frequency with which evaluation factors other than 
        cost or price, when combined, are given more weight than cost or 
        price in solicitations for competitive proposals;
            (2) the types of contracts for products or services for 
        which such evaluation factors are most frequently used;
            (3) the reasons why the Department of Defense chooses to use 
        such evaluation factors; and
            (4) the extent to which the use of such factors is or is not 
        in the interest of the Department of Defense.

    (c) Report.--Not later than one year after the date of the enactment 
of this Act, the Comptroller General shall submit to the Committees on 
Armed Service of the Senate and the House of Representatives a report on 
the results of the study required by subsection (a).
SEC. 846. REPEAL OF REQUIREMENTS RELATING TO THE MILITARY SYSTEM 
                        ESSENTIAL ITEM BREAKOUT LIST.

    Section 813 of the National Defense Authorization Act for Fiscal 
Year 2004 (Public Law 108-136; 117 Stat. 1543) <<NOTE: 10 USC 2501 
note.>> is repealed.
SEC. 847. EXTENSION OF SBIR AND STTR PROGRAMS OF THE DEPARTMENT OF 
                        DEFENSE.

    (a) SBIR Extension.--Section 9(m) of the Small Business Act (15 
U.S.C. 638(m)) is amended--
            (1) by striking ``The authorization'' and inserting the 
        following:
            ``(1) In general.--Except as provided in paragraph (2), the 
        authorization''; and
            (2) by adding at the end the following:
            ``(2) Exception for department of defense.--The Secretary of 
        Defense and the Secretary of each military department is 
        authorized to carry out the Small Business Innovation

[[Page 123 STAT. 2421]]

        Research Program of the Department of Defense until September 
        30, 2010''.

    (b) STTR Reauthorization.--Section 9(n)(1)(A) of the Small Business 
Act (15 U.S.C. 638(n)(1)(A)) is amended--
            (1) by striking ``With respect'' and inserting the 
        following:
                          ``(i) Federal agencies generally.--Except as 
                      provided in clause (ii), with respect''; and
            (2) by adding at the end the following:
                          ``(ii) Department of defense.--The Secretary 
                      of Defense and the Secretary of each military 
                      department shall carry out clause (i) with respect 
                      to each fiscal year through fiscal year 2010.''.

    (c) <<NOTE: 15 USC 638 note.>> Effective Date.--The amendments made 
by this section shall take effect as of July 30, 2009.
SEC. 848. EXTENSION OF AUTHORITY FOR SMALL BUSINESS INNOVATION 
                        RESEARCH COMMERCIALIZATION PILOT PROGRAM.

    Section 9(y) of the Small Business Act (15 U.S.C. 638(y)) is amended 
in paragraph (6) by striking ``2009'' and inserting ``2010''.

       TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT

              Subtitle A--Department of Defense Management

Sec. 901. Authority to allow private sector civilians to receive 
           instruction at Defense Cyber Investigations Training Academy 
           of the Defense Cyber Crime Center.
Sec. 902. Organizational structure of the Office of the Assistant 
           Secretary of Defense for Health Affairs and the TRICARE 
           Management Activity.
Sec. 903. Sense of Congress regarding the Director of Operational Energy 
           Plans and Programs.
Sec. 904. Increased flexibility for combatant commander initiative fund.
Sec. 905. Repeal of requirement for a Deputy Under Secretary of Defense 
           for Technology Security Policy within the Office of the Under 
           Secretary of Defense for Policy.
Sec. 906. Deputy Under Secretaries of Defense and Assistant Secretaries 
           of Defense.

                      Subtitle B--Space Activities

Sec. 911. Submission and review of space science and technology 
           strategy.
Sec. 912. Provision of space situational awareness services and 
           information to non-United States Government entities.
Sec. 913. Management and funding strategy and implementation plan for 
           the National Polar-Orbiting Operational Environmental 
           Satellite System Program.

                Subtitle C--Intelligence-Related Matters

Sec. 921. Inclusion of Defense Intelligence Agency in authority to use 
           proceeds from counterintelligence operations.
Sec. 922. Plan to address foreign ballistic missile intelligence 
           analysis.

                        Subtitle D--Other Matters

Sec. 931. Implementation strategy for developing leap-ahead cyber 
           operations capabilities.
Sec. 932. Defense integrated military human resources system development 
           and transition.
Sec. 933. Report on special operations command organization, manning, 
           and management.
Sec. 934. Study on the recruitment, retention, and career progression of 
           uniformed and civilian military cyber operations personnel.
Sec. 935. Plan on access to national airspace for unmanned aircraft 
           systems.

[[Page 123 STAT. 2422]]

              Subtitle A--Department of Defense Management

SEC. 901. AUTHORITY TO ALLOW PRIVATE SECTOR CIVILIANS TO RECEIVE 
                        INSTRUCTION AT DEFENSE CYBER 
                        INVESTIGATIONS TRAINING ACADEMY OF THE 
                        DEFENSE CYBER CRIME CENTER.

    (a) Admission of Private Sector Civilians.--Chapter 108 of title 10, 
United States Code, is amended by inserting after section 2167 the 
following new section:
``Sec. 2167a. Defense Cyber Investigations Training Academy: 
                    admission of private sector civilians to 
                    receive instruction

    ``(a) Authority for Admission.--The Secretary of Defense may permit 
eligible private sector employees to receive instruction at the Defense 
Cyber Investigations Training Academy operating under the direction of 
the Defense Cyber Crime Center. No more than the equivalent of 200 full-
time student positions may be filled at any one time by private sector 
employees enrolled under this section, on a yearly basis. Upon 
successful completion of the course of instruction in which enrolled, 
any such private sector employee may be awarded an appropriate 
certification or diploma.
    ``(b) Eligible Private Sector Employees.--For purposes of this 
section, an eligible private sector employee is an individual employed 
by a private firm that is engaged in providing to the Department of 
Defense or other Government departments or agencies significant and 
substantial defense-related systems, products, or services, or whose 
work product is relevant to national security policy or strategy. A 
private sector employee remains eligible for such instruction only so 
long as that person remains employed by an eligible private sector firm.
    ``(c) Program Requirements.--The Secretary of Defense shall ensure 
that--
            ``(1) the curriculum in which private sector employees may 
        be enrolled under this section is not readily available through 
        other schools; and
            ``(2) the course offerings at the Defense Cyber 
        Investigations Training Academy continue to be determined solely 
        by the needs of the Department of Defense.

    ``(d) Tuition.--The Secretary of Defense shall charge private sector 
employees enrolled under this section tuition at a rate that is at least 
equal to the rate charged for employees of the United States. In 
determining tuition rates, the Secretary shall include overhead costs of 
the Defense Cyber Investigations Training Academy.
    ``(e) Standards of Conduct.--While receiving instruction at the 
Defense Cyber Investigations Training Academy, students enrolled under 
this section, to the extent practicable, are subject to the same 
regulations governing academic performance, attendance, norms of 
behavior, and enrollment as apply to Government civilian employees 
receiving instruction at the Academy.
    ``(f) Use of Funds.--Amounts received by the Defense Cyber 
Investigations Training Academy for instruction of students enrolled 
under this section shall be retained by the Academy to defray the costs 
of such instruction. The source, and the disposition, of

[[Page 123 STAT. 2423]]

such funds shall be specifically identified in records of the 
Academy.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
such chapter is amended by inserting after the item relating to section 
2167 the following new item:

``2167a. Defense Cyber Investigations Training Academy: admission of 
           private sector civilians to receive instruction.''.

SEC. 902. ORGANIZATIONAL STRUCTURE OF THE OFFICE OF THE ASSISTANT 
                        SECRETARY OF DEFENSE FOR HEALTH AFFAIRS 
                        AND THE TRICARE MANAGEMENT ACTIVITY.

    (a) Report Required.--Not later than 180 days after the date of the 
enactment of this Act, the Secretary of Defense shall submit to the 
congressional defense committees a report on the organizational 
structure of the Office of the Assistant Secretary of Defense for Health 
Affairs and the TRICARE Management Activity.
    (b) Elements.--The report required under subsection (a) shall 
include the following:
            (1) Organizational charts.--Organizational charts for both 
        the Office of the Assistant Secretary of Defense for Health 
        Affairs and the TRICARE Management Activity showing, at a 
        minimum, the senior positions in such office and such activity.
            (2) Senior position descriptions.--A description of the 
        policy-making functions and oversight responsibilities of each 
        senior position in the Office of the Assistant Secretary of 
        Defense for Health Affairs and the policy and program execution 
        responsibilities of each senior position of the TRICARE 
        Management Activity.
            (3) Positions filled by same individual.--A description of 
        which positions in both organizations are filled by the same 
        individual.
            (4) Assessment.--An assessment of whether the senior 
        personnel of the Office of the Assistant Secretary of Defense 
        for Health Affairs and the TRICARE Management Activity, as 
        currently organized, are able to appropriately perform the 
        discrete functions of policy formulation, policy and program 
        execution, and program oversight.

    (c) Definitions.--In this section:
            (1) Senior position.--The term ``senior position'' means a 
        position filled by a member of the senior executive service, a 
        position on the Executive Schedule established pursuant to title 
        5, United States Code, or a position filled by a general or flag 
        officer.
            (2) Senior personnel.--The term ``senior personnel'' means 
        personnel who are members of the senior executive service, who 
        fill a position listed on the Executive Schedule established 
        pursuant to title 5, United States Code, or who are general or 
        flag officers.
SEC. 903. SENSE OF CONGRESS REGARDING THE DIRECTOR OF OPERATIONAL 
                        ENERGY PLANS AND PROGRAMS.

    (a) Findings.--Congress makes the following findings:
            (1) The demand for operational energy within the Department 
        of Defense imposes significant logistical burdens and 
        operational vulnerabilities on the warfighter and increases 
        force protection requirements.

[[Page 123 STAT. 2424]]

            (2) In March 2008, the Comptroller General of the United 
        States found that responsibilities for operational energy 
        strategy, management, and oversight within the Department are 
        diffused throughout various offices and working groups, 
        including the Office of the Under Secretary of Defense for 
        Acquisition, Technology, and Logistics; the Office of the Under 
        Secretary of Defense for Policy; the Office of the Under 
        Secretary of Defense (Comptroller); the Office of Program 
        Analysis and Evaluation; the Office of the Chairman of the Joint 
        Chiefs of Staff; the commanders of the combatant commands; and 
        the offices of the Secretaries of the military departments.
            (3) The Defense Science Board's 2008 report titled ``More 
        Fight - Less Fuel'' stated that ``There are currently few 
        efforts to manage energy demand by operational forces, which 
        consume about three quarters of DoD energy, perhaps because no 
        one is in charge. The lowest organizational level where all 
        decisions that drive DoD energy use come together is the Deputy 
        Secretary of Defense, implying the need for a senior energy 
        official, and oversight of the Department's energy strategy and 
        program by the Deputy's Advisory Working Group (DAWG).''.
            (4) Congress established the Director of Operational Energy 
        Plans and Programs in section 139b of title 10, United States 
        Code, to provide leadership, conduct oversight, and be 
        accountable for operational energy plans and programs in the 
        Department of Defense and the Army, Navy, Air Force, and Marine 
        Corps.
            (5) Congress envisioned that the Director would have a 
        direct line of communication with the Secretary of Defense and 
        the Deputy Secretary of Defense, including participation in the 
        Deputy's Advisory Working Group.
            (6) The Department of Defense issued a statement that it 
        ``intends to establish this position as administratively 
        reporting to the Under Secretary of Defense for Acquisition, 
        Technology, and Logistics (USD(AT&L)), and this official would 
        report directly to the Secretary of Defense on issues related to 
        Operational Energy''.

    (b) Sense of Congress.--It is the sense of Congress that the 
Director of Operational Energy Plans and Programs should report directly 
to the Secretary of Defense on issues related to operational energy and 
be included as a fully participating member of the Advisory Working 
Group of the Deputy Secretary of Defense.
SEC. 904. INCREASED FLEXIBILITY FOR COMBATANT COMMANDER INITIATIVE 
                        FUND.

    (a) Increase in Funding Limitations.--Subparagraph (A) of section 
166a(e)(1) of title 10, United States Code, is amended--
            (1) by striking ``$10,000,000'' and inserting 
        ``$20,000,000''; and
            (2) by striking ``$15,000'' and inserting ``the investment 
        unit cost threshold in effect under section 2245a of this 
        title''.

    (b) Coordination With Relevant Chief of Mission.--Paragraph (6) of 
section 166a(b) of such title is amended by inserting after 
``assistance,'' the following: ``in coordination with the relevant chief 
of mission to the extent practicable,''.

[[Page 123 STAT. 2425]]

SEC. 905. REPEAL OF REQUIREMENT FOR A DEPUTY UNDER SECRETARY OF 
                        DEFENSE FOR TECHNOLOGY SECURITY POLICY 
                        WITHIN THE OFFICE OF THE UNDER SECRETARY 
                        OF DEFENSE FOR POLICY.

    (a) Repeal of Requirement for Position.--
            (1) Repeal.--Section 134b of title 10, United States Code, 
        is repealed.
            (2) Clerical amendment.--The table of sections at the 
        beginning of chapter 4 of such title is amended by striking the 
        item relating to section 134b.

    (b) Prior Notification of Change in Reporting Relationship for the 
Defense Technology Security Administration.--The Secretary of Defense 
shall ensure that no covered action is taken until the expiration of 30 
legislative days after providing notification of such action to the 
Committees on Armed Services of the Senate and the House of 
Representatives.
    (c) Covered Action Defined.--In this section, the term ``covered 
action'' means--
            (1) the transfer of the Defense Technology Security 
        Administration to an Under Secretary or other office of the 
        Department of Defense other than the Under Secretary of Defense 
        for Policy;
            (2) the consolidation of the Defense Technology Security 
        Administration with another office, agency, or field activity of 
        the Department of Defense; or
            (3) the addition of management layers between the Director 
        of the Defense Technology Security Administration and the Under 
        Secretary of Defense for Policy.
SEC. 906. DEPUTY UNDER SECRETARIES OF DEFENSE AND ASSISTANT 
                        SECRETARIES OF DEFENSE.

    (a) Deputy Under Secretaries of Defense.--
            (1) In general.--Chapter 4 of title 10, United States Code, 
        is amended by adding after section 137 the following new 
        section:
``Sec. 137a. Deputy Under Secretaries of Defense

    ``(a)(1) There are five Deputy Under Secretaries of Defense.
    ``(2)(A) The Deputy Under Secretaries of Defense referred to in 
paragraphs (1) through (3) of subsection (c) shall be appointed as 
provided in the applicable paragraph.
    ``(B) The Deputy Under Secretaries of Defense referred to in 
paragraphs (4) and (5) of subsection (c) shall be appointed from 
civilian life by the President, by and with the advice and consent of 
the Senate.
    ``(b) Each Deputy Under Secretary of Defense shall be the first 
assistant to an Under Secretary of Defense and shall assist such Under 
Secretary in the performance of the duties of the position of such Under 
Secretary and shall act for, and exercise the powers of, such Under 
Secretary when such Under Secretary is absent or disabled.
    ``(c)(1) One of the Deputy Under Secretaries is the Principal Deputy 
Under Secretary of Defense for Acquisition, Technology, and Logistics 
appointed pursuant to section 133a of this title.
    ``(2) One of the Deputy Under Secretaries is the Principal Deputy 
Under Secretary of Defense for Policy appointed pursuant to section 134a 
of this title.

[[Page 123 STAT. 2426]]

    ``(3) One of the Deputy Under Secretaries is the Principal Deputy 
Under Secretary of Defense for Personnel and Readiness appointed 
pursuant to section 136a of this title.
    ``(4) One of the Deputy Under Secretaries shall be the Principal 
Deputy Under Secretary of Defense (Comptroller).
    ``(5) One of the Deputy Under Secretaries shall be the Principal 
Deputy Under Secretary of Defense for Intelligence.
    ``(d) The Deputy Under Secretaries of Defense take precedence in the 
Department of Defense after the Secretary of Defense, the Deputy 
Secretary of Defense, the Secretaries of the military departments, the 
Under Secretaries of Defense, and the Deputy Chief Management Officer of 
the Department of Defense.''.
            (2) <<NOTE: 10 USC 137a note.>> Delayed limitation on number 
        of deputy under secretaries of defense.-- <<NOTE: Effective 
        date.>> Effective as of January 1, 2011, the five Deputy Under 
        Secretaries of Defense authorized by section 137a of title 10, 
        United States Code (as added by paragraph (1)), shall be the 
        only Deputy Under Secretaries of Defense.
            (3) Report on revised organizational structure for osd.--Not 
        later than March 15, 2010, the Secretary of Defense shall submit 
        to the Committees on Armed Services of the Senate and the House 
        of Representatives a report setting forth a plan for the 
        realignment of the organizational structure of the Office of the 
        Secretary of Defense to comply with the requirement in paragraph 
        (2).

    (b) Assistant Secretaries of Defense.--
            (1) Redesignation of deputy under secretary for logistics 
        and materiel readiness as assistant secretary.--Chapter 4 of 
        such title is further amended--
                    (A) by transferring section 133b to appear after 
                section 138 and redesignating such section, as so 
                transferred, as section 138a; and
                    (B) in such section, as so transferred and 
                redesignated, by striking ``Deputy Under Secretary'' 
                each place it appears and inserting ``Assistant 
                Secretary''.
            (2) Additional assistant secretaries.--Section 138 of such 
        title is amended--
                    (A) by striking subsection (a) and inserting the 
                following new subsection (a):

    ``(a)(1) There are 12 Assistant Secretaries of Defense.
    ``(2)(A) The Assistant Secretary of Defense referred to in 
subsection (b)(7) shall be appointed as provided in that subsection.
    ``(B) <<NOTE: President.>> The other Assistant Secretaries of 
Defense shall be appointed from civilian life by the President, by and 
with the advice and consent of the Senate.''; and
                    (B) in subsection (b), by adding the following new 
                paragraphs:

    ``(6) One of the Assistant Secretaries shall be the Assistant 
Secretary of Defense for Acquisition. The Assistant Secretary of Defense 
for Acquisition is the principal adviser to the Secretary of Defense and 
the Under Secretary of Defense for Acquisition, Technology, and 
Logistics on matters relating to acquisition.
    ``(7) One of the Assistant Secretaries is the Assistant Secretary of 
Defense for Logistics and Materiel Readiness appointed pursuant to 
section 138a of this title. In addition to any duties and powers 
prescribed under paragraph (1), the Assistant Secretary of Defense

[[Page 123 STAT. 2427]]

for Logistics and Materiel Readiness shall have the duties specified in 
section 138a of this title.''.
    (c) Conforming and Clerical Amendments.--
            (1) Conforming amendments.--
                    (A) Section 133a of such title is amended--
                          (i) by striking ``Deputy Under Secretary of 
                      Defense for Acquisition and Technology'' each 
                      place it appears and inserting ``Principal Deputy 
                      Under Secretary of Defense for Acquisition, 
                      Technology, and Logistics''; and
                          (ii) by striking ``duties relating to 
                      acquisition and technology'' and inserting 
                      ``duties''.
                    (B) Section 134a of such title is amended by 
                striking ``Deputy Under Secretary'' each place it 
                appears and inserting ``Principal Deputy Under 
                Secretary''.
                    (C) Section 136a of such title is amended by 
                striking ``Deputy Under Secretary'' each place it 
                appears and inserting ``Principal Deputy Under 
                Secretary''.
            (2) Section heading amendments.--
                    (A) The heading of section 133a of such title is 
                amended to read as follows:
``Sec. 133a. Principal Deputy Under Secretary of Defense for 
                  Acquisition, Technology, and Logistics''.
                    (B) The heading of section 134a of such title is 
                amended to read as follows:
``Sec. 134a. Principal Deputy Under Secretary of Defense for 
                  Policy''.
                    (C) The heading of section 136a of such title is 
                amended to read as follows:
``Sec. 136a. Principal Deputy Under Secretary of Defense for 
                  Personnel and Readiness''.
                    (D) The heading of section 138a of such title, as 
                transferred and redesignated by subsection (b)(1) of 
                this section, is amended to read as follows:
``Sec. 138a. Assistant Secretary of Defense for Logistics and 
                  Materiel Readiness''.
            (3) Clerical amendments.--The table of sections at the 
        beginning of chapter 4 of such title is amended--
                    (A) by striking the item relating to section 133a 
                and inserting the following new item:

``133a. Principal Deputy Under Secretary of Defense for Acquisition, 
           Technology, and Logistics.'';

                    (B) by striking the item relating to section 134a 
                and inserting the following new item:

``134a. Principal Deputy Under Secretary of Defense for Policy.'';

                    (C) by striking the item relating to section 136a 
                and inserting the following new item:

``136a. Principal Deputy Under Secretary of Defense for Personnel and 
           Readiness.'';

[[Page 123 STAT. 2428]]

                    (D) by inserting after the item relating to section 
                137 the following new item:

``137a. Deputy Under Secretaries of Defense.''; and

                    (E) by inserting after the item relating to section 
                138 the following new item:

``138a. Assistant Secretary of Defense for Logistics and Materiel 
           Readiness.''.

    (d) Executive Schedule Matters.--
            (1) Level iii.--Section 5314 of title 5, United States Code, 
        is amended by striking the item relating to the Deputy Under 
        Secretary of Defense for Acquisition and Technology and 
        inserting the following new item:
            ``Principal Deputy Under Secretary of Defense for 
        Acquisition, Technology, and Logistics.''.
            (2) Level iv.--Section 5315 of such title is amended--
                    (A) by striking the item relating to the Assistant 
                Secretaries of Defense and inserting the following new 
                item:
            ``Assistant Secretaries of Defense (12).''; and
                    (B) by striking the items relating to the Deputy 
                Under Secretary of Defense for Policy, the Deputy Under 
                Secretary of Defense for Personnel and Readiness, and 
                the Deputy Under Secretary of Defense for Logistics and 
                Materiel Readiness and inserting the following new 
                items:
            ``Principal Deputy Under Secretary of Defense for Policy.
            ``Principal Deputy Under Secretary of Defense for Personnel 
        and Readiness.
            ``Principal Deputy Under Secretary of Defense (Comptroller).
            ``Principal Deputy Under Secretary of Defense for 
        Intelligence.''.

    (e) <<NOTE: 10 USC 137a note.>> Inapplicability of Appointment 
Requirements to Certain Individuals Serving on Date of Enactment.--
            (1) In general.--Notwithstanding the amendments made by this 
        section, the individual serving in a position specified in 
        paragraph (2) on the day before the date of the enactment of 
        this Act may continue to serve in such position without the 
        requirement for appointment by the President, by and with the 
        advice and consent of the Senate, for a period of up to four 
        years after the date of the enactment of this Act.
            (2) Covered positions.--The positions specified in this 
        paragraph are the following:
                    (A) The Principal Deputy Under Secretary of Defense 
                (Comptroller).
                    (B) The Principal Deputy Under Secretary of Defense 
                for Intelligence.

                      Subtitle B--Space Activities

SEC. 911. SUBMISSION AND REVIEW OF SPACE SCIENCE AND TECHNOLOGY 
                        STRATEGY.

    (a) Strategy.--
            (1) Director of national intelligence.--Paragraph (1) of 
        section 2272(a) of title 10, United States Code, is amended by 
        striking ``The Secretary of Defense shall develop'' and

[[Page 123 STAT. 2429]]

        inserting ``The Secretary of Defense and the Director of 
        National Intelligence shall jointly develop''.
            (2) Requirements.--Paragraph (2) of such section is amended 
        by adding at the end the following new subparagraph:
            ``(D) The process for transitioning space science and 
        technology programs to new or existing space acquisition 
        programs.''.
            (3) Submission to congress.--Paragraph (5) of such section 
        is amended to read as follows:

    ``(5) <<NOTE: Deadline.>> The Secretary of Defense and the Director 
of National Intelligence shall biennially submit the strategy developed 
under paragraph (1) to the congressional defense committees every other 
year on the date on which the President submits to Congress the budget 
for the next fiscal year under section 1105 of title 31.''.
            (4) <<NOTE: 10 USC 2272 note.>> Initial report.--The first 
        space science and technology strategy required to be submitted 
        under paragraph (5) of section 2272(a) of title 10, United 
        States Code, as amended by paragraph (3) of this subsection, 
        shall be submitted on the date on which the President submits to 
        Congress the budget for fiscal year 2012 under section 1105 of 
        title 31, United States Code.

    (b) Government Accountability Office Review of Strategy.--
            (1) Review.--The Comptroller General shall review and assess 
        the first space science and technology strategy submitted under 
        paragraph (5) of section 2272(a) of title 10, United States 
        Code, as amended by subsection (a)(3) of this section, and the 
        effectiveness of the coordination process required under section 
        2272(b) of such title.
            (2) Report.--Not later than 90 days after the date on which 
        the Secretary of Defense and the Director of National 
        Intelligence submit the first space science and technology 
        strategy required to be submitted under paragraph (5) of section 
        2272(a) of title 10, United States Code, as amended by 
        subsection (a)(3) of this section, the Comptroller General shall 
        submit to the congressional defense committees a report 
        containing the findings and assessment under paragraph (1).
SEC. 912. PROVISION OF SPACE SITUATIONAL AWARENESS SERVICES AND 
                        INFORMATION TO NON-UNITED STATES 
                        GOVERNMENT ENTITIES.

    (a) In General.--Section 2274 of title 10, United States Code, is 
amended to read as follows:
``Sec. 2274. Space situational awareness services and information: 
                  provision to non-United States Government 
                  entities

    ``(a) Authority.--The Secretary of Defense may provide space 
situational awareness services and information to, and may obtain space 
situational awareness data and information from, non-United States 
Government entities in accordance with this section. Any such action may 
be taken only if the Secretary determines that such action is consistent 
with the national security interests of the United States.
    ``(b) Eligible Entities.--The Secretary may provide services and 
information under subsection (a) to, and may obtain data

[[Page 123 STAT. 2430]]

and information under subsection (a) from, any non-United States 
Government entity, including any of the following:
            ``(1) A State.
            ``(2) A political subdivision of a State.
            ``(3) A United States commercial entity.
            ``(4) The government of a foreign country.
            ``(5) A foreign commercial entity.

    ``(c) Agreement.--The Secretary may not provide space situational 
awareness services and information under subsection (a) to a non-United 
States Government entity unless that entity enters into an agreement 
with the Secretary under which the entity--
            ``(1) agrees to pay an amount that may be charged by the 
        Secretary under subsection (d);
            ``(2) agrees not to transfer any data or technical 
        information received under the agreement, including the analysis 
        of data, to any other entity without the express approval of the 
        Secretary; and
            ``(3) agrees to any other terms and conditions considered 
        necessary by the Secretary.

    ``(d) Charges.--(1) As a condition of an agreement under subsection 
(c), the Secretary may (except as provided in paragraph (2)) require the 
non-United States Government entity entering into the agreement to pay 
to the Department of Defense such amounts as the Secretary determines 
appropriate to reimburse the Department for the costs to the Department 
of providing space situational awareness services or information under 
the agreement.
    ``(2) The Secretary may not require the government of a State, or of 
a political subdivision of a State, to pay any amount under paragraph 
(1).
    ``(e) Crediting of Funds Received.--(1) Funds received for the 
provision of space situational awareness services or information 
pursuant to an agreement under this section shall be credited, at the 
election of the Secretary, to the following:
            ``(A) The appropriation, fund, or account used in incurring 
        the obligation.
            ``(B) An appropriate appropriation, fund, or account 
        currently available for the purposes for which the expenditures 
        were made.

    ``(2) Funds credited under paragraph (1) shall be merged with, and 
remain available for obligation with, the funds in the appropriation, 
fund, or account to which credited.
    ``(f) Procedures.--The Secretary shall establish procedures by which 
the authority under this section shall be carried out. As part of those 
procedures, the Secretary may allow space situational awareness services 
or information to be provided through a contractor of the Department of 
Defense.
    ``(g) Immunity.--The United States, any agencies and 
instrumentalities thereof, and any individuals, firms, corporations, and 
other persons acting for the United States, shall be immune from any 
suit in any court for any cause of action arising from the provision or 
receipt of space situational awareness services or information, whether 
or not provided in accordance with this section, or any related action 
or omission.
    ``(h) Notice of Concerns of Disclosure of Information.--If the 
Secretary <<NOTE: Deadline. Determination.>> determines that a 
commercial or foreign entity has declined or is reluctant to provide 
data or information to the Secretary in accordance with this section due 
to the concerns of

[[Page 123 STAT. 2431]]

such entity about the potential disclosure of such data or information, 
the Secretary shall, not later than 60 days after the Secretary makes 
that determination, provide notice to the congressional defense 
committees of the declination or reluctance of such entity.''.

    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 135 of such title is amended by striking the item relating to 
section 2274 and inserting the following new item:

``2274. Space situational awareness services and information: provision 
           to non-United States Government entities.''.

    (c) <<NOTE: 10 USC 2274 note.>> Effective Date.--The amendments made 
by this section shall take effect on October 1, 2009, or the date of the 
enactment of this Act, whichever is later.
SEC. 913. MANAGEMENT AND FUNDING STRATEGY AND IMPLEMENTATION PLAN 
                        FOR THE NATIONAL POLAR-ORBITING 
                        OPERATIONAL ENVIRONMENTAL SATELLITE SYSTEM 
                        PROGRAM.

    (a) Management and Funding Strategy.--
            (1) In general. <<NOTE: President.>> --The President shall 
        develop a strategy for the management and funding of the 
        National Polar-Orbiting Operational Environmental Satellite 
        System Program (in this section referred to as the ``Program'') 
        by the Department of Defense, the Department of Commerce, and 
        the National Aeronautics and Space Administration.
            (2) Elements.--The strategy required under paragraph (1) 
        shall include the following:
                    (A) Requirements for the Program.
                    (B) The management structure of the Program.
                    (C) A funding profile for the Program for each year 
                of the Program for the Department of Defense, the 
                Department of Commerce, and the National Aeronautics and 
                Space Administration.

    (b) Implementation Plan. <<NOTE: President.>> --The President shall 
develop a plan to implement the strategy required under subsection 
(a)(1).

    (c) Limitation on Use of Funds.--Of the amounts authorized to be 
appropriated for fiscal year 2010 by section 201(a)(3) for research, 
development, test, and evaluation for the Air Force and available for 
the Program--
            (1) not more than 50 percent of such amounts may be 
        obligated or expended before the date on which the strategy 
        developed under subsection (a)(1) is submitted to the 
        congressional defense committees, the Committee on Commerce, 
        Science, and Transportation of the Senate, and the Committee on 
        Science and Technology of the House of Representatives; and
            (2) not more than 75 percent of such amounts may be 
        obligated or expended before the date on which the plan 
        developed under subsection (c) is submitted to the congressional 
        defense committees, the Committee on Commerce, Science, and 
        Transportation of the Senate, and the Committee on Science and 
        Technology of the House of Representatives.

    (d) Sense of Congress.--It is the sense of Congress that once all 
requirements for the Program are fully agreed to by the Secretary of 
Defense, the Secretary of Commerce, and the Administrator of the 
National Aeronautics and Space Administration, the Program should be 
executed with no modifications to those requirements that would increase 
the cost, or extend the schedule, of the Program.

[[Page 123 STAT. 2432]]

                Subtitle C--Intelligence-Related Matters

SEC. 921. INCLUSION OF DEFENSE INTELLIGENCE AGENCY IN AUTHORITY TO 
                        USE PROCEEDS FROM COUNTERINTELLIGENCE 
                        OPERATIONS.

    (a) In General.--Section 423 of title 10, United States Code, is 
amended by inserting ``or the Defense Intelligence Agency'' after ``the 
military departments'' each place it appears in subsections (a) and (c).
    (b) Conforming Amendments.--
            (1) Heading amendment.--The heading of such section is 
        amended to read as follows:
``Sec. 423. Authority to use proceeds from counterintelligence 
                operations of the military departments or the 
                Defense Intelligence Agency''.
            (2) Table of sections.--The table of sections at the 
        beginning of chapter 21 of such title is amended by striking the 
        item relating to section 423 and inserting the following new 
        item:

``423. Authority to use proceeds from counterintelligence operations of 
           the military departments or the Defense Intelligence 
           Agency.''.

SEC. 922. PLAN TO ADDRESS FOREIGN BALLISTIC MISSILE INTELLIGENCE 
                        ANALYSIS.

    (a) Assessment and Plan.--The Secretary of Defense, in consultation 
with the Director of National Intelligence, shall--
            (1) conduct an assessment of foreign ballistic missile 
        intelligence analytic gaps and shortfalls; and
            (2) develop a plan to ensure that the appropriate 
        intelligence centers have sufficient analytical capabilities to 
        address such gaps and shortfalls.

    (b) Report.--Not later than February 28, 2010, the Secretary of 
Defense shall submit to the congressional defense committees, the 
Permanent Select Committee on Intelligence of the House of 
Representatives, and the Select Committee on Intelligence of the Senate 
a report containing--
            (1) the results of the assessment conducted under subsection 
        (a)(1);
            (2) the plan developed under subsection (a)(2); and
            (3) a description of the resources required to implement 
        such plan.

    (c) Form.--The report under subsection (b) shall be submitted in 
unclassified form, but may contain a classified annex.

                        Subtitle D--Other Matters

SEC. 931. IMPLEMENTATION STRATEGY FOR DEVELOPING LEAP-AHEAD CYBER 
                        OPERATIONS CAPABILITIES.

    (a) Strategy Report Required.--Not later than March 1, 2010, the 
Under Secretary of Defense for Acquisition, Technology, and Logistics 
shall submit to the congressional defense committees a report on a 
strategy for organizing the research and development bodies of the 
Department of Defense to develop leap-ahead cyber operations 
capabilities.

[[Page 123 STAT. 2433]]

    (b) Elements.--The report required by subsection (a) shall address 
the following:
            (1) A description of the management structure and investment 
        review process for coordinating the technology development of 
        advanced offensive and defensive cyber operations capabilities--
                    (A) among the military departments, the Defense 
                Agencies, the combatant commands, and the intelligence 
                community;
                    (B) across all levels of classification, including 
                relevant special access programs; and
                    (C) based on the identification and prioritization 
                of joint cyber operations capabilities gaps.
            (2) Actions taken and recommendations for further improving 
        the coordination of research and development of offensive and 
        defensive cyber operations capabilities among private sector, 
        interagency, non-governmental, and international partners.
            (3) Assessment of the feasibility and utility of regular 
        national level, joint, interagency cyber exercises that would 
        include, to the extent possible, participants from industry, 
        international militaries, and non-governmental organizations to 
        assess technologies, policies, and capabilities.

    (c) Coordination.--The report required by subsection (a) shall be 
developed in coordination and concurrence with the Vice Chairman of the 
Joint Chiefs of Staff, the Under Secretary of Defense for Intelligence, 
the Under Secretary of Defense for Policy, the Assistant Secretary of 
Defense for Networks and Information Integration, the Director of the 
National Security Agency, and the commander of the United States Cyber 
Command.
    (d) Form.--The report required by subsection (a) shall be submitted 
in unclassified form, but may include a classified annex.
    (e) Cyber Operations Capabilities Defined.--The term ``cyber 
operations capabilities'' means the range of capabilities needed for 
computer network defense, computer network attack, and computer network 
exploitations. Such term includes technical as well as non-materiel 
solutions.
SEC. 932. <<NOTE: 10 USC 113 note.>> DEFENSE INTEGRATED MILITARY 
                        HUMAN RESOURCES SYSTEM DEVELOPMENT AND 
                        TRANSITION.

    (a) In General. <<NOTE: Establishment.>> --The Secretary of Defense 
shall establish a Defense Integrated Military Human Resources System 
development and transition Council to provide advice to the Secretary of 
Defense and the Secretaries of the military departments on the 
modernization of the integrated pay and personnel system for each 
military department and the collection of data generated by each such 
system into the enterprise information warehouse.

    (b) Council.--The Council shall include the following members:
            (1) The Deputy Chief Management Officer of the Department of 
        Defense.
            (2) The Director of the Business Transformation Agency.
            (3) The Under Secretary of Defense for Acquisition, 
        Technology, and Logistics, or a designated representative.
            (4) The Under Secretary of Defense for Personnel and 
        Readiness, or a designated representative.

[[Page 123 STAT. 2434]]

            (5) One representative from each of the Army, Navy, Air 
        Force, and Marine Corps who is a lieutenant general or vice 
        admiral, or a civilian equivalent.
            (6) One representative of the National Guard Bureau who is a 
        lieutenant general or vice admiral, or a civilian equivalent.
            (7) The Assistant Secretary of Defense for Networks and 
        Information Integration, or a designated representative.
            (8) The Director of Operational Test and Evaluation, or a 
        designated representative.
            (9) Such other individuals as may be designated by the 
        Deputy Secretary of Defense, acting in the Deputy Secretary's 
        capacity as the Chief Management Officer.

    (c) Meetings.--The Council shall meet not less than twice a year, or 
more often as specified by the Deputy Secretary of Defense.
    (d) Duties.--The Council shall have the following responsibilities:
            (1) Resolution of significant policy, programmatic, or 
        budgetary issues impeding modernization or deployment of 
        integrated personnel and pay systems for each military 
        department, including issues relating to--
                    (A) common interfaces, architectures, and systems 
                engineering;
                    (B) ensuring that developmental systems are 
                consistent with current and future enterprise accounting 
                and pay and personnel standards and practices; and
                    (C) ensuring that developmental systems are 
                consistent with current and future Department of Defense 
                business enterprise architecture.
            (2) Coordination of implementation of the integrated 
        personnel and pay system within defense organizations to ensure 
        interoperability between all appropriate elements of the system.
            (3) Establishment of metrics to assess the following:
                    (A) Business process re-engineering needed for 
                successful deployment of the integrated pay and 
                personnel system.
                    (B) Interoperability between legacy, operational, 
                and developmental pay and personnel systems.
                    (C) Interface and systems architecture control and 
                standardization.
                    (D) Retirement of legacy systems.
                    (E) Use of the enterprise information warehouse.
                    (F) Any other relevant matters.
            (4) Such other responsibilities as the Secretary determines 
        are appropriate.

    (e) Termination.--This section shall not be in effect after 
September 30, 2013.
    (f) Report.--Not later than March 1, 2010, the Secretary of Defense 
shall submit to the congressional defense committees a report on actions 
taken pursuant to this section.
SEC. 933. REPORT ON SPECIAL OPERATIONS COMMAND ORGANIZATION, 
                        MANNING, AND MANAGEMENT.

    (a) Report Required.--Not later than 120 days after the date of the 
enactment of this Act, the Commander of the United States Special 
Operations Command shall prepare and submit to the Secretary of Defense 
a report and recommendations, in accordance

[[Page 123 STAT. 2435]]

with this section, on the organization, manning, and management of the 
command.
    (b) Elements.--The report required by subsection (a) shall include 
the following:
            (1) A comparison of current and projected fiscal year 2010 
        military and civilian end strength levels at special operations 
        command headquarters with fiscal year 2000 levels, both actual 
        and authorized.
            (2) A comparison of fiscal year 2000 through 2010 special 
        operations command headquarters end strength growth with the 
        growth of each special operations forces component command 
        headquarters over the same time period, both actual and 
        authorized.
            (3) A summary and assessment that identifies the resourcing, 
        in terms of manning, training, equipping, and funding, that the 
        United States Special Operations Command provides to each of the 
        theater special operations commands under the geographical 
        combatant commands and a summary of personnel specialties 
        assigned to each such command.
            (4) Options and recommendations for reducing staffing levels 
        at special operations command headquarters by 5 and 10 percent, 
        respectively, and an assessment of the opportunity costs and 
        management risks associated with each option.
            (5) Recommendations for increasing manning levels, if 
        appropriate, at each component command, and especially at Army 
        Special Operations Command.
            (6) A plan to sustain the cultural engagement group of 
        Special Operations Command Central.
            (7) An assessment of the resourcing requirements to 
        establish capability similar to the cultural engagement group 
        capability at the other theater special operations command 
        locations.
            (8) A review and assessment for improving the relationship 
        between the United States Special Operations Command and each of 
        the theater special operations commands under the geographical 
        combatant commands and the establishment of a more direct 
        administrative and collaborative link between them.
            (9) A review and assessment of existing Department of 
        Defense executive agent support to the United States Special 
        Operations Command and its subordinate components, as well as 
        commentary about proposals to use the same executive agent 
        throughout the special operations community.
            (10) An updated assessment on the specific proposal to 
        provide executive agent support from the Defense Logistics 
        Agency for the United States Special Operations Command.
            (11) A recommendation and plan for including international 
        development and conflict prevention representatives as 
        participants in the Interagency Task Force process.

    (c) Submission of Report and Recommendations to Congressional 
Defense Committees.--Not later than 30 days after the date of the 
submission of the report and recommendations required under subsection 
(a) by the Commander of the United States Special Operations Command, 
the Secretary of Defense shall forward the report and recommendations to 
the congressional defense committees, together with such additional 
comments as the Secretary considers appropriate.

[[Page 123 STAT. 2436]]

SEC. 934. STUDY ON THE RECRUITMENT, RETENTION, AND CAREER 
                        PROGRESSION OF UNIFORMED AND CIVILIAN 
                        MILITARY CYBER OPERATIONS PERSONNEL.

    (a) Report.--Not later than one year after the date of the enactment 
of this Act, the Secretary of Defense shall submit to the congressional 
defense committees a report assessing the challenges to retention and 
professional development of cyber operations personnel within the 
Department of Defense.
    (b) Matters to Be Addressed.--The assessment by the Secretary of 
Defense shall address the following matters:
            (1) The sufficiency of the numbers and types of personnel 
        available for cyber operations, including an assessment of the 
        balance between military and civilian positions and the 
        availability of personnel with expertise in matters related to 
        cyber operations from outside of the Department of Defense.
            (2) The definition and coherence of career fields for both 
        members of the Armed Forces and civilian employees of the 
        Department of Defense, including the sufficiency of training and 
        experience levels required, and measures to improve them if 
        necessary.
            (3) The types of recruitment and retention incentives 
        available to members of the Armed Forces and civilian employees 
        of the Department of Defense.
            (4) Identification of legal, policy, or administrative 
        impediments to attracting and retaining cyber operations 
        personnel.
            (5) The standards used by the Department of Defense to 
        measure effectiveness at recruiting, retaining, and ensuring an 
        adequate career progression for cyber operations personnel.
            (6) The effectiveness of educational and outreach activities 
        used to attract, retain, and reward cyber operations personnel, 
        including how to expand outreach to academic institutions and 
        improve coordination with other civilian agencies and industrial 
        partners.
            (7) The management of educational and outreach activities 
        used to attract, retain, and reward cyber operations personnel, 
        such as the National Centers of Academic Excellence in 
        Information Assurance Education.
            (8) Efforts to establish public-private partnerships to meet 
        the needs of the Department with respect to cyber operations 
        personnel and training.
            (9) Recommendations for legislative changes necessary to 
        increase the availability of cyber operations personnel.

    (c) Cyber Operations Personnel Defined.--In this section, the term 
``cyber operations personnel'' refers to members of the Armed Forces and 
civilian employees of the Department of Defense involved with the 
operations and maintenance of a computer network connected to the global 
information grid, as well as offensive, defensive, and exploitation 
functions of such a network.
SEC. 935. PLAN ON ACCESS TO NATIONAL AIRSPACE FOR UNMANNED 
                        AIRCRAFT SYSTEMS.

    (a) In General.--The Secretary of Defense and the Secretary of 
Transportation shall, after consultation with the Secretary of Homeland 
Security, jointly develop a plan for providing expanded access to the 
national airspace for unmanned aircraft systems of the Department of 
Defense.

[[Page 123 STAT. 2437]]

    (b) Elements.--The plan required by subsection (a) shall include the 
following:
            (1) A description of how the Department of Defense and the 
        Department of Transportation will communicate and cooperate, at 
        the executive, management, and action levels, to provide 
        expanded access to the national airspace for unmanned aircraft 
        systems of the Department of Defense.
            (2) Specific milestones, taking into account the operational 
        and training needs of the Department of Defense and the safety 
        and air traffic management needs of the Department of 
        Transportation, for providing expanded access to the national 
        airspace for unmanned aircraft systems and a transition plan for 
        sites programmed to be activated as unmanned aerial system sites 
        during fiscal years 2010 through 2015.
            (3) Recommendations for policies with respect to use of the 
        national airspace, flight standards, and operating procedures 
        that should be implemented by the Department of Defense and the 
        Department of Transportation to accommodate unmanned aircraft 
        systems assigned to any State or territory of the United States.
            (4) An identification of resources required by the 
        Department of Defense and the Department of Transportation to 
        execute the plan.

    (c) Report.--Not later than 180 days after the date of the enactment 
of this Act, the Secretary of Defense and the Secretary of 
Transportation shall submit a report containing the plan required by 
subsection (a) to the following committees:
            (1) The congressional defense committees.
            (2) The Committee on Commerce, Science, and Transportation 
        of the Senate and the Committee on Transportation and 
        Infrastructure of the House of Representatives.
            (3) The Committee on Homeland Security and Government 
        Affairs of the Senate and the Committee on Homeland Security of 
        the House of Representatives.

                       TITLE X--GENERAL PROVISIONS

                      Subtitle A--Financial Matters

Sec. 1001. General transfer authority.
Sec. 1002. Relationship of the quadrennial defense review and the annual 
           budget request.
Sec. 1003. Audit readiness of financial statements of the Department of 
           Defense.

                   Subtitle B--Counter-Drug Activities

Sec. 1011. Unified counter-drug and counterterrorism campaign in 
           Colombia.
Sec. 1012. Joint task forces support to law enforcement agencies 
           conducting counter-terrorism activities.
Sec. 1013. Reporting requirement on expenditures to support foreign 
           counter-drug activities.
Sec. 1014. Support for counter-drug activities of certain foreign 
           governments.
Sec. 1015. Border coordination centers in Afghanistan and Pakistan.
Sec. 1016. Comptroller General report on effectiveness of accountability 
           measures for assistance from counter-narcotics central 
           transfer account.

                 Subtitle C--Naval Vessels and Shipyards

Sec. 1021. Sense of Congress on the maintenance of a 313-ship Navy.
Sec. 1022. Designation of U.S.S. Constitution as America's Ship of 
           State.
Sec. 1023. Temporary reduction in minimum number of operational aircraft 
           carriers.
Sec. 1024. Sense of Congress concerning the disposition of Submarine NR-
           1.

[[Page 123 STAT. 2438]]

  Subtitle D--Miscellaneous Requirements, Authorities, and Limitations

Sec. 1031. Prohibition relating to propaganda.
Sec. 1032. Responsibility for preparation of biennial global positioning 
           system report.
Sec. 1033. Reports on bandwidth requirements for major defense 
           acquisition programs and major system acquisition programs.
Sec. 1034. Additional duties for advisory panel on Department of Defense 
           capabilities for support of civil authorities after certain 
           incidents.
Sec. 1035. Charter for the National Reconnaissance Office.
Sec. 1036. National strategic five-year plan for improving the nuclear 
           forensic and attribution capabilities of the United States.
Sec. 1037. Authorization of appropriations for payments to Portuguese 
           nationals employed by the Department of Defense.
Sec. 1038. Prohibition on interrogation of detainees by contractor 
           personnel.
Sec. 1039. Notification and access of International Committee of the Red 
           Cross with respect to detainees at Theater Internment 
           Facility at Bagram Air Base, Afghanistan.
Sec. 1040. No Miranda Warnings for Al Qaeda Terrorists.
Sec. 1041. Limitation on use of funds for the transfer or release of 
           individuals detained at United States Naval Station, 
           Guantanamo Bay, Cuba.
Sec. 1042. Additional subpoena authority for the Inspector General of 
           the Department of Defense.
Sec. 1043. Limitations on modifications of certain Government furnished 
           equipment; one-time authority to transfer certain military 
           prototype.

                     Subtitle E--Studies and Reports

Sec. 1051. Report on statutory compliance of the report on the 2009 
           quadrennial defense review.
Sec. 1052. Report on the force structure findings of the 2009 
           quadrennial defense review.
Sec. 1053. Annual report on the electronic warfare strategy of the 
           Department of Defense.
Sec. 1054. Study on a system for career development and management of 
           interagency national security professionals.
Sec. 1055. Report on nuclear aspirations of non-state entities, nuclear 
           weapons and related programs in non-nuclear-weapons states 
           and countries not parties to the Nuclear Non-Proliferation 
           Treaty, and certain foreign persons.
Sec. 1056. Comptroller General review of Department of Defense spending 
           in final fiscal quarters.
Sec. 1057. Report on Air America.
Sec. 1058. Report on defense travel simplification.
Sec. 1059. Report on modeling and simulation technological and 
           industrial base.
Sec. 1060. Report on enabling capabilities for special operations 
           forces.
Sec. 1061. Additional members and duties for the independent panel to 
           assess the quadrennial defense review.
Sec. 1062. Congressional earmarks relating to the Department of Defense.
Sec. 1063. Report on basing plans for certain United States geographic 
           combatant commands.

                        Subtitle F--Other Matters

Sec. 1071. Extension of certain authority for making rewards for 
           combating terrorism.
Sec. 1072. Business process reengineering.
Sec. 1073. Technical and clerical amendments.
Sec. 1074. Extension of sunset for congressional commission on the 
           strategic posture of the United States.
Sec. 1075. Combat air forces restructuring.
Sec. 1076. Sense of Congress regarding carrier air wing force structure.
Sec. 1077. Department of Veterans Affairs use of service dogs for the 
           treatment or rehabilitation of veterans with physical or 
           mental injuries or disabilities.
Sec. 1078. Plan for sustainment of land-based solid rocket motor 
           industrial base.
Sec. 1079. Justice for victims of torture and terrorism.
Sec. 1080. Requirement for videotaping or otherwise electronically 
           recording strategic intelligence interrogations of persons in 
           the custody of or under the effective control of the 
           Department of Defense.
Sec. 1081. Modification of pilot program on commercial fee-for-service 
           air refueling support for the air force.
Sec. 1082. Multiyear contracts under pilot program on commercial fee-
           for-service air refueling support for the Air Force.

[[Page 123 STAT. 2439]]

Sec. 1083. Disclosure of names of students and instructors at Western 
           Hemisphere Institute for Security Cooperation.
Sec. 1084. Sense of Congress regarding the Western Hemisphere Institute 
           for Security Cooperation.

                      Subtitle A--Financial Matters

SEC. 1001. GENERAL TRANSFER AUTHORITY.

    (a) Authority to Transfer Authorizations.--
            (1) Authority.--Upon determination by the Secretary of 
        Defense that such action is necessary in the national interest, 
        the Secretary may transfer amounts of authorizations made 
        available to the Department of Defense in this division for 
        fiscal year 2010 between any such authorizations for that fiscal 
        year (or any subdivisions thereof). Amounts of authorizations so 
        transferred shall be merged with and be available for the same 
        purposes as the authorization to which transferred.
            (2) Limitation.--Except as provided in paragraph (3), the 
        total amount of authorizations that the Secretary may transfer 
        under the authority of this section may not exceed 
        $4,000,000,000.
            (3) Exception for transfers between military personnel 
        authorizations.--A transfer of funds between military personnel 
        authorizations under title IV shall not be counted toward the 
        dollar limitation in paragraph (2).

    (b) Limitations.--The authority provided by this section to transfer 
authorizations--
            (1) may only be used to provide authority for items that 
        have a higher priority than the items from which authority is 
        transferred; and
            (2) may not be used to provide authority for an item that 
        has been denied authorization by Congress.

    (c) Effect on Authorization Amounts.--A transfer made from one 
account to another under the authority of this section shall be deemed 
to increase the amount authorized for the account to which the amount is 
transferred by an amount equal to the amount transferred.
    (d) Notice to Congress.--The Secretary shall promptly notify 
Congress of each transfer made under subsection (a).
SEC. 1002. RELATIONSHIP OF THE QUADRENNIAL DEFENSE REVIEW AND THE 
                          ANNUAL BUDGET REQUEST.

    Section 118 of title 10, United States Code, is amended by adding at 
the end the following new subsection:
    ``(h) Relationship to Budget.--Nothing in this section shall be 
construed to affect section 1105(a) of title 31.''.
SEC. 1003. <<NOTE: 10 USC 2222 note.>> AUDIT READINESS OF 
                          FINANCIAL STATEMENTS OF THE DEPARTMENT 
                          OF DEFENSE.

    (a) Financial Improvement Audit Readiness Plan.--
            (1) In general.--The Chief Management Officer of the 
        Department of Defense shall, in consultation with the Under 
        Secretary of Defense (Comptroller), develop and maintain a plan 
        to be known as the ``Financial Improvement and Audit Readiness 
        Plan''.
            (2) Elements.--The plan required by paragraph (1) shall--
                    (A) describe specific actions to be taken and the 
                costs associated with--

[[Page 123 STAT. 2440]]

                          (i) correcting the financial management 
                      deficiencies that impair the ability of the 
                      Department of Defense to prepare timely, reliable, 
                      and complete financial management information; and
                          (ii) ensuring the financial statements of the 
                      Department of Defense are validated as ready for 
                      audit by not later than September 30, 2017;
                    (B) systematically tie the actions described under 
                subparagraph (A) to process and control improvements and 
                business systems modernization efforts described in the 
                business enterprise architecture and transition plan 
                required by section 2222 of title 10, United States 
                Code;
                    (C) prioritize--
                          (i) improving the budgetary information of the 
                      Department of Defense, in order to achieve an 
                      unqualified audit opinion on the Department's 
                      statements of budgetary resources; and
                          (ii) as a secondary goal, improving the 
                      accuracy and reliability of management information 
                      on the Department's mission-critical assets 
                      (military and general equipment, real property, 
                      inventory, and operating materials and supplies) 
                      and validating its accuracy through existence and 
                      completeness audits; and
                    (D) include interim goals, including--
                          (i) the objective of ensuring that the 
                      financial statement of each of the Department of 
                      the Army, the Department of the Navy, the 
                      Department of the Air Force, and the Defense 
                      Logistics Agency is validated as ready for audit: 
                      and
                          (ii) a schedule setting forth milestones for 
                      elements of the military departments and financial 
                      statements of the military departments to be made 
                      ready for audit as part of the progress required 
                      to meet the objectives established pursuant to 
                      clause (i) of this subparagraph and clause (ii) of 
                      subparagraph (A) of this paragraph.

    (b) Semi-annual Reports on Financial Improvement and Audit Readiness 
Plan.--
            (1) In general.--Not later than May 15 and November 15 each 
        year, the Under Secretary of Defense (Comptroller) shall submit 
        to the congressional defense committees a report on the status 
        of the implementation by the Department of Defense of the 
        Financial Improvement and Audit Readiness Plan required by 
        subsection (a).
            (2) Elements.--Each report under paragraph (1) shall 
        include, at a minimum--
                    (A) an overview of the steps the Department has 
                taken or plans to take to meet the objectives specified 
                in subsection (a)(2)(A), including progress toward 
                achieving the interim goals and milestone schedule 
                established pursuant to subsection (a)(2)(D); and
                    (B) a description of any impediments identified in 
                the efforts of the Department to meet such objectives, 
                and of the actions the Department has taken or plans to 
                take to address such impediments.
            (3) Additional issues to be addressed in first report.--The 
        first report submitted under paragraph (1) after the date of the 
        enactment of this Act shall address, in addition to the

[[Page 123 STAT. 2441]]

        elements required by paragraph (2), the actions taken or to be 
        taken by the Department as follows:
                    (A) To develop standardized guidance for financial 
                improvement plans by components of the Department.
                    (B) To establish a baseline of financial management 
                capabilities and weaknesses at the component level of 
                the Department.
                    (C) To provide results-oriented metrics for 
                measuring and reporting quantifiable results toward 
                addressing financial management deficiencies.
                    (D) To define the oversight roles of the Chief 
                Management Officer of the Department of Defense, the 
                chief management officers of the military departments, 
                and other appropriate elements of the Department to 
                ensure that the requirements of the Financial 
                Improvement and Audit Readiness Plan are carried out.
                    (E) To assign accountability for carrying out 
                specific elements of the Financial Improvement and Audit 
                Readiness Plan to appropriate officials and 
                organizations at the component level of the Department.
                    (F) To develop mechanisms to track budgets and 
                expenditures for the implementation of the requirements 
                of the Financial Improvement and Audit Readiness Plan.
                    (G) To develop a mechanism to conduct audits of the 
                military intelligence programs and agencies and to 
                submit audited financial statements for such agencies to 
                Congress in a classified manner.

    (c) Relationship to Existing Law.--The requirements of this section 
shall be implemented in a manner that is consistent with the 
requirements of section 1008 of the National Defense Authorization Act 
for Fiscal Year 2002 (Public Law 107-107; 115 Stat. 1204; 10 U.S.C. 2222 
note).

                   Subtitle B--Counter-Drug Activities

SEC. 1011. UNIFIED COUNTER-DRUG AND COUNTERTERRORISM CAMPAIGN IN 
                          COLOMBIA.

    Section 1021 of the Ronald W. Reagan National Defense Authorization 
Act for Fiscal Year 2005 (Public Law 108-375; 118 Stat. 2042), as most 
recently amended by section 1023 of the Duncan Hunter National Defense 
Authorization Act for Fiscal Year 2009 (Public Law 110-417; 122 Stat. 
4586), is further amended--
            (1) in subsection (a), by striking ``2009'' and inserting 
        ``2010''; and
            (2) in subsection (c), by striking ``2009'' and inserting 
        ``2010''.
SEC. 1012. JOINT TASK FORCES SUPPORT TO LAW ENFORCEMENT AGENCIES 
                          CONDUCTING COUNTER-TERRORISM ACTIVITIES.

    (a) Extension of Authority.--Section 1022(b) of the National Defense 
Authorization Act for Fiscal Year 2004 (Public Law 108-136; 10 U.S.C. 
371 note), as most recently amended by section 1022 of the Duncan Hunter 
National Defense Authorization Act for Fiscal Year 2009 (Public Law 110-
417; 122 Stat. 4586), is further amended by striking ``2009'' and 
inserting ``2010''.

[[Page 123 STAT. 2442]]

    (b) Annual Report.--Subsection (c) of section 1022 of the National 
Defense Authorization Act for Fiscal Year 2004 (10 U.S.C. 371 note) is 
amended to read as follows:
    ``(c) Annual Report.--Not later than December 31 of each year after 
2008 in which the authority in subsection (a) is in effect, the 
Secretary of Defense shall submit to Congress a report setting forth, 
for the one-year period ending on the date of such report, the 
following:
            ``(1) An assessment of the effect on counter-drug and 
        counter-terrorism activities and objectives of using counter-
        drug funds of a joint task force to provide counterterrorism 
        support authorized by subsection (a).
            ``(2) A description of the type of support and any recipient 
        of support provided under subsection (a).
            ``(3) A list of current joint task forces conducting 
        counter-drug operations.''.
SEC. 1013. REPORTING REQUIREMENT ON EXPENDITURES TO SUPPORT 
                          FOREIGN COUNTER-DRUG ACTIVITIES.

    Section 1022(a) of the Floyd D. Spence National Defense 
Authorization Act for Fiscal Year 2001 (as enacted into law by Public 
Law 106-398; 114 Stat. 1654A-255), as most recently amended by section 
1021 of the Duncan Hunter National Defense Authorization Act for Fiscal 
Year 2009 (Public Law 110-417; 122 Stat. 4586), is further amended by 
striking ``April 15, 2006'' and all that follows through ``February 15, 
2009'' and inserting ``February 15, 2010''.
SEC. 1014. SUPPORT FOR COUNTER-DRUG ACTIVITIES OF CERTAIN FOREIGN 
                          GOVERNMENTS.

    (a) In General.--Subsection (a)(2) section 1033 of the National 
Defense Authorization Act for Fiscal Year 1998 (Public Law 105-85; 111 
Stat. 1881), as most recently amended by section 1024(a) of the Duncan 
Hunter National Defense Authorization Act for Fiscal Year 2009 (Public 
Law 110-417; 122 Stat. 4587), is further amended by striking ``2009'' 
and inserting ``2010''.
    (b) Maximum Amount of Support.--Subsection (e)(2) of such section is 
amended by striking ``fiscal year 2009'' and inserting ``either of 
fiscal years 2009 and 2010''.
    (c) Conditions on Provision of Support.--Subsection (f)(2) of such 
section is amended in the matter preceding subparagraph (A) by striking 
``for fiscal year 2009 to carry out this section and the first fiscal 
year in which the support is to be provided'' and inserting ``and 
available for support''.
    (d) Counter-drug Plan.--Subsection (h) of such section is amended--
            (1) in the matter preceding paragraph (1), by striking 
        ``fiscal year 2009'' and inserting ``for each fiscal year''; and
            (2) in paragraph (7), by striking ``fiscal year 2009, and 
        thereafter, for the first fiscal year in which support is to be 
        provided'' and inserting ``each fiscal year in which support is 
        to be provided to a government''.
SEC. 1015. BORDER COORDINATION CENTERS IN AFGHANISTAN AND 
                          PAKISTAN.

    (a) Prohibition on Use of Counter-narcotic Assistance for Border 
Coordination Centers.--

[[Page 123 STAT. 2443]]

            (1) Prohibition.--Amounts available for drug interdiction 
        and counter-drug activities of the Department of Defense may not 
        be expended for the construction, expansion, repair, or 
        operation and maintenance of any existing or proposed border 
        coordination center.
            (2) Rule of construction.--Paragraph (1) does not prohibit 
        or limit the use of other funds available to the Department of 
        Defense to construct, expand, repair, or operate and maintain 
        border coordination centers.

    (b) Limitation on Establishment of Additional Centers.--
            (1) Limitation.--The Secretary of Defense may not authorize 
        the establishment, or any construction in connection with the 
        establishment, of a third border coordination center in the area 
        of operations of Regional Command-East in the Islamic Republic 
        of Afghanistan until a border coordination center has been 
        constructed, or is under construction, in either--
                    (A) the area of operations of Regional Command-South 
                in the Islamic Republic of Afghanistan; or
                    (B) Baluchistan in the Islamic Republic of Pakistan.
            (2) National security waiver. <<NOTE: Determination.>> --The 
        Secretary may waive the limitation under paragraph (1) if the 
        Secretary determines that such a waiver is vital to the national 
        security interests of the United States. 
        The <<NOTE: Notice.>> Secretary shall promptly submit to 
        Congress notice in writing of any waiver under this paragraph.

    (c) Border Coordination Center Defined.--In this section, the term 
``border coordination center'' means a multilateral military 
coordination and intelligence center that is located, or intended to be 
located, near the border between the Islamic Republic of Afghanistan and 
the Islamic Republic of Pakistan.
SEC. 1016. COMPTROLLER GENERAL REPORT ON EFFECTIVENESS OF 
                          ACCOUNTABILITY MEASURES FOR ASSISTANCE 
                          FROM COUNTER-NARCOTICS CENTRAL TRANSFER 
                          ACCOUNT.

    (a) Report Required.--Not later than 180 days after the date of the 
enactment of this Act, the Comptroller General shall submit to the 
congressional defense committees a report on the performance evaluation 
system used by the Secretary of Defense to assess the effectiveness of 
assistance provided for foreign nations to achieve the counter-narcotics 
objectives of the Department of Defense. The report shall be 
unclassified, but may contain a classified annex.
    (b) Elements.--The report required by subsection (a) shall contain 
the following:
            (1) A description of the performance evaluation system of 
        the Department of Defense used to determine the efficiency and 
        effectiveness of counter-narcotics assistance provided by the 
        Department of Defense to foreign nations.
            (2) An assessment of the ability of the performance 
        evaluation system to accurately measure the efficiency and 
        effectiveness of such counter-narcotics assistance.
            (3) Detailed recommendations on how to improve the capacity 
        of the performance evaluation system for the counter-narcotics 
        central transfer account.

[[Page 123 STAT. 2444]]

                 Subtitle C--Naval Vessels and Shipyards

SEC. 1021. SENSE OF CONGRESS ON THE MAINTENANCE OF A 313-SHIP 
                          NAVY.

    (a) Findings.--Congress makes the following findings:
            (1) The Department of the Navy has a stated requirement for 
        a 313-ship fleet.
            (2) The Navy can better meet this requirement--
                    (A) by procuring sufficient numbers of new ships; 
                and
                    (B) by ensuring the sound material condition of 
                existing ships that will enable the Navy to utilize them 
                for their full planned service lives.
            (3) When procuring new classes of ships, the Navy must 
        exercise greater caution than it has exhibited to date in 
        proceeding from one stage of the acquisition cycle to the next 
        before a ship program has achieved a level of maturity that 
        significantly lowers the risk of cost growth and schedule 
        slippage.
            (4) In retaining existing assets, the Navy can do a much 
        better job of achieving the full planned service lives of ships 
        and extending the service lives of certain ships so as to keep 
        their unique capabilities in the fleet while the Navy takes the 
        time necessary to develop and field next-generation capabilities 
        under a low risk program.
            (5) The Navy can undertake certain development approaches 
        that can help the Navy control the total costs of ownership of a 
        ship or class of ships, including emphasizing common hull 
        designs, open architecture combat systems, and other common ship 
        systems in order to achieve efficiency in acquiring and 
        supporting various classes of ships.
            (6) The Navy needs to continue its efforts toward achieving 
        an open architecture for existing combat systems, as this will 
        have great benefit in reducing the costs and risks of fielding 
        new classes of ships, and will yield recurring savings from 
        reducing the costs of buying later ships in a program and 
        reducing life cycle support costs for ships and classes of 
        ships.
            (7) The Navy can also undertake other measures to acquire 
        new ships and maintain the current fleet with greater 
        efficiency, including--
                    (A) greater use of fixed-price contracts;
                    (B) maximizing competition (or the option of 
                competition) throughout the life cycle of its ships;
                    (C) entering into multi-year contracts when 
                warranted; and
                    (D) employing an incremental approach to developing 
                new technologies.

    (b) Sense of Congress.--It is the sense of Congress that--
            (1) the Navy should meet its requirement for a 313-ship 
        fleet until such time that modifications to the Navy's ship 
        fleet force structure are warranted, and the Secretary of the 
        Navy provides Congress with a justification of any proposed 
        modifications, supported by rigorous and sufficient warfighting 
        analysis;
            (2) the Navy should take greater care to achieve the full 
        planned service life of existing ships and reduce the incidence 
        of early ship decommissioning;

[[Page 123 STAT. 2445]]

            (3) the Navy should exercise greater restraint on the 
        acquisition process for ships in order to achieve on-time, on-
        cost shipbuilding programs; and
            (4) Congress should support the Navy when it is acting 
        responsibly to undertake measures that can help the Navy achieve 
        the requirement for a 313-ship fleet and maintain a fleet that 
        is adequate to meet the national security needs of the United 
        States.
SEC. 1022. DESIGNATION OF U.S.S. CONSTITUTION AS AMERICA'S SHIP OF 
                          STATE.

    (a) Findings.--Congress makes the following findings:
            (1) In the Act entitled ``An Act to Provide a Naval 
        Armament'', approved on March 27, 1794 (1 Stat. 350, Chap. XII), 
        the 3rd Congress authorized the construction of six frigates as 
        the first ships to be built for the United States Navy.
            (2) One of the six frigates was built in Boston, 
        Massachusetts, between 1794 and 1797, and is the only one of the 
        original six ships to survive.
            (3) President George Washington named this frigate 
        ``Constitution'' to represent the Nation's founding document.
            (4) President Thomas Jefferson, asserting the right of the 
        United States to trade on the high seas, dispatched the frigate 
        Constitution in 1803 as the flagship of the Mediterranean 
        Squadron to end the depredations of the Barbary States against 
        United States ships and shipping, which led to a treaty being 
        signed with the Bashaw of Tripoli in the captain's cabin aboard 
        the frigate Constitution on June 4, 1805.
            (5) The frigate Constitution, with her defeat of the H.M.S. 
        Guerriere, secured the first major victory by the young United 
        States Navy against the Royal Navy during the War of 1812, 
        gaining in the process the nickname ``Old Ironsides'', which she 
        has proudly carried since.
            (6) Congress awarded gold medals to four of the ship's 
        commanding officers (Preble, Hull, Stewart, and Bainbridge), a 
        record unmatched by any other United States Navy vessel.
            (7) The frigate Constitution emerged from the War of 1812 
        undefeated, having secured victories over three additional ships 
        of the Royal Navy.
            (8) As early as May 1815, the frigate Constitution had 
        already been adopted as a symbol of the young Republic, as 
        attested by the [Washington] National Intelligencer which 
        proclaimed, ``Let us keep `Old Ironsides' at home. She has, 
        literally become the Nation's Ship . . . and should thus be 
        preserved . . . in honorable pomp, as a glorious Monument of her 
        own, and our other Naval Victories.''.
            (9) Rumors in 1830 that ``Old Ironsides'', an aging frigate, 
        was about to be scrapped resulted in a public uproar demanding 
        that the ship be restored and preserved, spurred by Oliver 
        Wendell Holmes' immortal poem ``Old Ironsides''.
            (10) ``Old Ironsides'' circumnavigated the world between 
        1844 and 1846, showing the American flag as she searched for 
        future coaling stations that would eventually fuel the steam-
        powered navy of the United States.
            (11) The first Pope to set foot on United States sovereign 
        territory was Pius IX onboard the frigate Constitution in 1849.

[[Page 123 STAT. 2446]]

            (12) On April 25, 1860, ``Old Ironsides'' evacuated the 
        midshipmen of the United States Naval Academy from Annapolis, 
        Maryland, to Newport, Rhode Island, preventing the young 
        officers and the esteemed ship from falling into Confederate 
        hands.
            (13) In 1896, Congressman John F. ``Honey Fitz'' Fitzgerald 
        introduced legislation to return ``Old Ironsides'' from the 
        Portsmouth Naval Shipyard in New Hampshire, where she was moored 
        pier side and largely forgotten, to Boston for her 100th 
        birthday.
            (14) Thousands of school children contributed pennies 
        between 1925 an 1927 to help fund a much needed restoration for 
        ``Old Ironsides''.
            (15) Between 1931 and 1934, more than 4,500,000 Americans 
        gained inspiration, at the depth of the Great Depression, by 
        going aboard ``Old Ironsides'' as she was towed to 76 ports on 
        the Atlantic, Gulf, and Pacific coasts.
            (16) The 83rd Congress enacted the Act of July 23, 1954 (68 
        Stat. 527, chapter 565), which directed the Secretary of the 
        Navy to transfer to the States and appropriate commissions four 
        other historic ships then on the Navy inventory, and to repair 
        and equip the U.S.S. Constitution, as much as practicable, to 
        her original condition, but not for active service.
            (17) Queen Elizabeth II paid a formal visit to the U.S.S. 
        Constitution in 1976, at the start of her state visit marking 
        the bicentennial of the United States.
            (18) The U.S.S. Constitution, in celebration of her 
        bicentennial, returned to sea under sail on July 21, 1997, for 
        the first time since 1881, proudly setting sails purchased by 
        the contributions of thousands of pennies given by school 
        children across the United States.
            (19) The U.S.S. Constitution is the oldest commissioned 
        warship afloat in the world.
            (20) The U.S.S. Constitution is a national historic 
        landmark.
            (21) The U.S.S. Constitution continues to perform official, 
        ceremonial duties, including in recent years hosting a 
        congressional dinner honoring the late Senator John Chafee of 
        Rhode Island, a special salute for the dedication of the John 
        Moakley Federal Courthouse, a luncheon honoring British 
        Ambassador Sir David Manning, and a special underway 
        demonstration during which 60 Medal of Honor recipients each 
        received a personal Medal of Honor flag.
            (22) The U.S.S. Constitution celebrated on October 21, 2007, 
        the 210th anniversary of her launching.
            (23) The U.S.S. Constitution will remain a commissioned ship 
        in the United States Navy, with the Navy retaining control of 
        the ship, its material condition, and its employment.
            (24) The U.S.S. Constitution's primary mission will remain 
        education and public outreach, and any Ship of State functions 
        will be an adjunct to the ship's primary mission.

    (b) Designation as America's Ship of State.--
            (1) In general.--The U.S.S. Constitution is hereby 
        designated as ``America's Ship of State''.
            (2) References.--The U.S.S. Constitution may be known or 
        referred to as ``America's Ship of State''.

[[Page 123 STAT. 2447]]

            (3) Sense of congress.--It is the sense of Congress that the 
        President, Vice President, executive branch officials, and 
        members of Congress should use the U.S.S. Constitution for the 
        conducting of pertinent matters of state, such as hosting 
        visiting heads of state, signing legislation relating to the 
        Armed Forces, and signing maritime related treaties.
            (4) Fee or reimbursement structure for non-department of the 
        navy use.--The Secretary of the Navy shall determine an 
        appropriate fee or reimbursement structure for any non-
        Department of the Navy entities using the U.S.S. Constitution 
        for Ship of State purposes.
SEC. 1023. TEMPORARY REDUCTION IN MINIMUM NUMBER OF OPERATIONAL 
                          AIRCRAFT CARRIERS.

    (a) Temporary Waiver. <<NOTE: Time period.>> --Notwithstanding 
section 5062(b) of title 10, United States Code, during the period 
beginning on the date of the inactivation of the U.S.S. Enterprise (CVN-
65) scheduled, as of the date of the enactment of this Act, for fiscal 
year 2013 and ending on the date of the commissioning into active 
service of the U.S.S. Gerald R. Ford (CVN-78), the number of operational 
aircraft carriers in the naval combat forces of the Navy may be 10.

    (b) Evaluation and Report.--
            (1) Evaluation.--During fiscal year 2012, the Chairman of 
        the Joint Chiefs of Staff, in coordination with the commanders 
        of the combatant commands, shall evaluate the required postures 
        and capabilities of each of the combatant commands to assess the 
        level of increased risk that could result due to a temporary 
        reduction in the total number of operational aircraft carriers 
        following the inactivation of the U.S.S. Enterprise (CVN-65).
            (2) Report to congress.--Together with the budget materials 
        submitted to Congress by the Secretary of Defense in support of 
        the President's budget for fiscal year 2013, the Secretary of 
        Defense shall submit to the congressional defense committees a 
        report containing the findings of the evaluation conducted 
        pursuant to paragraph (1), and the basis for each such finding.
SEC. 1024. SENSE OF CONGRESS CONCERNING THE DISPOSITION OF 
                          SUBMARINE NR-1.

    (a) Findings.--Congress makes the following findings:
            (1) The Deep Submergence Vessel NR-1 (hereinafter in this 
        section referred to as ``NR-1'') was built by the Electric Boat 
        Company in Groton, Connecticut, entered service in 1969, and was 
        the only nuclear-powered research submersible in the United 
        States Navy.
            (2) NR-1 was assigned to Naval Submarine Base New London, 
        located in Groton, Connecticut, throughout her entire service 
        life.
            (3) NR-1 was inactivated in December 2008.
            (4) Due to the unique capabilities of NR-1, it conducted 
        numerous missions of significant military and scientific value 
        most notably in the fields of geological survey and 
        oceanographic research.
            (5) In 1986, NR-1 played a key role in the search for and 
        recovery of the Space Shuttle Challenger.

[[Page 123 STAT. 2448]]

            (6) The mission of the Submarine Force Library and Museum in 
        Groton, Connecticut, is to collect, preserve, and interpret the 
        history of the United States Naval Submarine Force in order to 
        honor veterans and to educate naval personnel and the public in 
        the heritage and traditions of the Submarine Force.
            (7) NR-1 is a unique and irreplaceable part of the history 
        of the Navy and the Submarine Force and an educational and 
        historical asset that should be shared with the Nation and the 
        world.

    (b) Sense of Congress.--It is the sense of Congress that--
            (1) NR-1 is a unique and irreplaceable part of the Nation's 
        history and as much of the vessel as possible should be 
        preserved for the historical and educational benefit of all 
        Americans at the Submarine Force Library and Museum in Groton, 
        Connecticut; and
            (2) the Secretary of the Navy should ensure that as much of 
        the vessel as possible, including unique components of on-board 
        equipment and clearly recognizable sections of the hull and 
        superstructure, to the full extent practicable, are made 
        available for transfer to the Submarine Force Library and 
        Museum.

  Subtitle D--Miscellaneous Requirements, Authorities, and Limitations

SEC. 1031. PROHIBITION RELATING TO PROPAGANDA.

    (a) In General.--
            (1) Prohibition.--Chapter 134 of title 10, United States 
        Code, is amended by inserting after section 2241 the following 
        new section:
``Sec. 2241a. Prohibition on use of funds for publicity or 
                    propaganda purposes within the United States

    ``Funds available to the Department of Defense may not be obligated 
or expended for publicity or propaganda purposes within the United 
States not otherwise specifically authorized by law.''.
            (2) Clerical amendment.--The table of sections at the 
        beginning of subchapter I of such chapter is amended by adding 
        at the end the following new item:

``2241a. Prohibition on use of funds for publicity or propaganda 
           purposes within the United States.''.

    (b) <<NOTE: 10 USC 2241a note.>> Effective Date.--Section 2241a of 
title 10, United States Code, as added by subsection (a), shall take 
effect on October 1, 2009, or the date of the enactment of this Act, 
whichever is later.
SEC. 1032. RESPONSIBILITY FOR PREPARATION OF BIENNIAL GLOBAL 
                          POSITIONING SYSTEM REPORT.

    (a) In General.--Section 2281(d) of title 10, United States Code, is 
amended--
            (1) in paragraph (1)--
                    (A) by striking ``the Secretary of Defense'' and 
                inserting ``the Deputy Secretary of Defense and the 
                Deputy Secretary of Transportation, in their capacity as 
                co-chairs of the

[[Page 123 STAT. 2449]]

                National Executive Committee for Space-Based 
                Positioning, Navigation, and Timing,''; and
                    (B) by striking ``the Committee on Armed Services of 
                the Senate and the Committee on Armed Services of the 
                House of Representatives'' and inserting ``the 
                Committees on Armed Services and Commerce, Science, and 
                Transportation of the Senate and the Committees on Armed 
                Services, Energy and Commerce, and Transportation and 
                Infrastructure of the House of Representatives''; and
            (2) by striking paragraph (2) and inserting the following 
        new paragraph (2):

    ``(2) <<NOTE: Consultation.>> In preparing each report required 
under paragraph (1), the Deputy Secretary of Defense and the Deputy 
Secretary of Transportation, in their capacity as co-chairs of the 
National Executive Committee for Space-Based Positioning, Navigation, 
and Timing, shall consult with the Secretary of Defense, the Secretary 
of State, the Secretary of Transportation, and the Secretary of Homeland 
Security.''.

    (b) Technical Amendments.--Paragraph (1)(B)(ii) of such section is 
amended--
            (1) by inserting ``validated'' before ``performance 
        requirements''; and
            (2) by inserting ``in accordance with Office of Management 
        and Budget Circular A-109'' after ``Plan''.
SEC. 1033. REPORTS ON BANDWIDTH REQUIREMENTS FOR MAJOR DEFENSE 
                          ACQUISITION PROGRAMS AND MAJOR SYSTEM 
                          ACQUISITION PROGRAMS.

    Section 1047(d) of the Duncan Hunter National Defense Authorization 
Act for Fiscal Year 2009 (Public Law 110-417; 122 Stat. 4603; 10 U.S.C. 
2366b note) is amended to read as follows:
    ``(d) Formal Review Process for Bandwidth Requirements.--
            ``(1) In general.--The Secretary of Defense and the Director 
        of National Intelligence shall, as part of the Milestone B or 
        Key Decision Point B approval process for any major defense 
        acquisition program or major system acquisition program, 
        establish a formal review process to ensure that--
                    ``(A) the bandwidth requirements needed to support 
                such program are or will be met; and
                    ``(B) a determination will be made with respect to 
                how to meet the bandwidth requirements for such program.
            ``(2) Reports.--Not later than January 1 of each year, the 
        Secretary of Defense and the Director of National Intelligence 
        shall each submit to the congressional defense committees, the 
        Select Committee on Intelligence of the Senate, and the 
        Permanent Select Committee on Intelligence of the House of 
        Representatives a report on any determinations made under 
        paragraph (1) with respect to meeting the bandwidth requirements 
        for major defense acquisition programs and major system 
        acquisition programs during the preceding fiscal year.''.
SEC. 1034. ADDITIONAL DUTIES FOR ADVISORY PANEL ON DEPARTMENT OF 
                          DEFENSE CAPABILITIES FOR SUPPORT OF 
                          CIVIL AUTHORITIES AFTER CERTAIN 
                          INCIDENTS.

    (a) Additional Duties.--Section 1082(d) of the National Defense 
Authorization Act for Fiscal Year 2008 (Public Law 110-181; 122 Stat. 
337) is amended--

[[Page 123 STAT. 2450]]

            (1) by redesignating paragraphs (7) and (8) as paragraphs 
        (9) and (10), respectively; and
            (2) by inserting after paragraph (6) the following new 
        paragraphs:
            ``(7) assess the adequacy of the process and methodology by 
        which the Department of Defense establishes and maintains 
        dedicated, special, and general purpose forces for conducting 
        operations described in paragraph (1);
            ``(8) assess the adequacy of the resources planned and 
        programmed by the Department of Defense to ensure the 
        preparedness and capability of dedicated, special, and general 
        purpose forces for conducting operations described in paragraph 
        (1);''.

    (b) Technical Amendments.--Section 1082(d) of the National Defense 
Authorization Act for Fiscal Year 2008 (Public Law 110-181; 122 Stat. 
337) is further amended--
            (1) in paragraph (1), by striking ``in support to'' and 
        inserting ``to provide support to'';
            (2) in paragraph (2), by striking ``purposes'' and inserting 
        ``purpose''; and
            (3) in paragraph (4), by striking ``other department'' and 
        inserting ``other departments''.
SEC. 1035. <<NOTE: 50 USC 401 note.>> CHARTER FOR THE NATIONAL 
                          RECONNAISSANCE OFFICE.

     <<NOTE: Deadline.>> Not later than February 1, 2010, the Director 
of National Intelligence and the Secretary of Defense shall jointly 
submit to the congressional defense committees, the Permanent Select 
Committee on Intelligence of the House of Representatives, and the 
Select Committee on Intelligence of the Senate a revised charter for the 
National Reconnaissance Office (in this section referred to as the 
``NRO''). The charter shall include the following:
            (1) The organizational and governance structure of the NRO.
            (2) The role of the NRO in the development and generation of 
        requirements and acquisition.
            (3) The scope of the capabilities of the NRO.
            (4) The roles and responsibilities of the NRO and the 
        relationship of the NRO to other organizations and agencies in 
        the intelligence and defense communities.
SEC. 1036. NATIONAL STRATEGIC FIVE-YEAR PLAN FOR IMPROVING THE 
                          NUCLEAR FORENSIC AND ATTRIBUTION 
                          CAPABILITIES OF THE UNITED STATES.

    (a) In General. <<NOTE: President.>> --The President, with the 
participation of the officials specified in subsection (c), shall 
develop a national strategic plan for improving over a five-year period 
the nuclear forensic and attribution capabilities of the United States 
and the methods, capabilities, and capacity for nuclear materials 
forensics and attribution.

    (b) Elements.--The plan required under subsection (a) shall include 
the following:
            (1) An investment plan to support nuclear materials 
        forensics and attribution.
            (2) Recommendations with respect to--
                    (A) the allocation of roles and responsibilities for 
                pre-detonation, detonation, and post-detonation 
                activities; and

[[Page 123 STAT. 2451]]

                    (B) methods for the attribution of nuclear or 
                radiological material to the source when such material 
                is intercepted by the United States, foreign 
                governments, or international bodies or is dispersed in 
                the course of a terrorist attack or other nuclear or 
                radiological explosion.

    (c) Officials.--The officials specified in this subsection are the 
following:
            (1) The Secretary of Homeland Security.
            (2) The Secretary of Defense.
            (3) The Secretary of Energy.
            (4) The Attorney General.
            (5) The Secretary of State.
            (6) The Director of National Intelligence.
            (7) Such other officials as the President considers 
        appropriate.

    (d) Submittal to Congress. <<NOTE: Deadline.>> --Not later than 180 
days after the date of the enactment of this Act, the President shall 
submit to Congress the plan required under subsection (a).
SEC. 1037. AUTHORIZATION OF APPROPRIATIONS FOR PAYMENTS TO 
                          PORTUGUESE NATIONALS EMPLOYED BY THE 
                          DEPARTMENT OF DEFENSE.

    (a) Authorization for Payments.--Subject to subsection (b), the 
Secretary of Defense may authorize payments to Portuguese nationals 
employed by the Department of Defense in Portugal, for the difference 
between--
            (1) the salary increases resulting from section 8002 of the 
        Department of Defense Appropriations Act, 2006 (Public Law 109-
        148; 119 Stat. 2697; 10 U.S.C. 1584 note) and section 8002 of 
        the Department of Defense Appropriations Act, 2007 (Public Law 
        109-289; 120 Stat. 1271; 10 U.S.C. 1584 note); and
            (2) salary increases supported by the Department of Defense 
        Azores Foreign National wage surveys for survey years 2006 and 
        2007.

    (b) Limitation.--The authority provided in subsection (a) may be 
exercised only if--
            (1) the wage survey methodology described in the United 
        States--Portugal Agreement on Cooperation and Defense, with 
        supplemental technical and labor agreements and exchange of 
        notes, signed at Lisbon on June 1, 1995, and entered into force 
        on November 21, 1995, is eliminated; and
            (2) the agreements and exchange of notes referred to in 
        paragraph (1) and any implementing regulations thereto are 
        revised to provide that the obligations of the United States 
        regarding annual pay increases are subject to United States 
        appropriation law governing the funding available for such 
        increases.

    (c) Authorization for Appropriation.--Of the amounts authorized to 
be appropriated under title III, not less than $240,000 is authorized to 
be appropriated for fiscal year 2010 for the purpose of the payments 
authorized by subsection (a).
SEC. 1038. <<NOTE: 10 USC 201 note.>> PROHIBITION ON INTERROGATION 
                          OF DETAINEES BY CONTRACTOR PERSONNEL.

    (a) Prohibition. <<NOTE: Effective date.>> --Except as provided in 
subsection (b), effective one year after the date of the enactment of 
this Act, no enemy prisoner of war, civilian internee, retained 
personnel, other

[[Page 123 STAT. 2452]]

detainee, or any other individual who is in the custody or under the 
effective control of the Department of Defense or otherwise under 
detention in a Department of Defense facility in connection with 
hostilities may be interrogated by contractor personnel.

    (b) Authorized Functions of Contractor Personnel.--Contractor 
personnel with proper training and security clearances may be used as 
linguists, interpreters, report writers, information technology 
technicians, and other employees filling ancillary positions, including 
as trainers of and advisors to interrogators, in interrogations of 
persons as described in subsection (a) if--
            (1) such personnel are subject to the same rules, 
        procedures, policies, and laws pertaining to detainee operations 
        and interrogations as apply to government personnel in such 
        positions in such interrogations; and
            (2) appropriately qualified and trained military or civilian 
        personnel of the Department of Defense are available to oversee 
        the contractor's performance and to ensure that contractor 
        personnel do not perform activities that are prohibited under 
        this section.

    (c) Discharge by Government Personnel. <<NOTE: Deadline.>> --The 
Secretary of Defense shall take appropriate actions to ensure that, by 
not later than one year after the date of the enactment of this Act, the 
Department of Defense has the resources needed to ensure that 
interrogations described in subsection (a) are conducted by 
appropriately qualified government personnel.

    (d) Waiver.--
            (1) Waivers authorized. <<NOTE: Time 
        periods. Determinations.>> --The Secretary of Defense may waive 
        the prohibition under subsection (a) for a period of 60 days if 
        the Secretary determines such a waiver is vital to the national 
        security interests of the United States. The Secretary may renew 
        a waiver issued pursuant to this paragraph for an additional 30-
        day period, if the Secretary determines that such a renewal is 
        vital to the national security interests of the United States.
            (2) Limitation on delegation.--
                    (A) In general.--The waiver authority under 
                paragraph (1) may not be delegated to any official below 
                the level of the Deputy Secretary of Defense, except in 
                the case of a waiver for an individual interrogation 
                that is based on military exigencies, in which case the 
                delegation of the waiver authority shall be done 
                pursuant to regulations that the Secretary of Defense 
                shall prescribe but in no instance may the latter 
                delegation be below the level of combatant commander of 
                the theater in which the individual is in the custody or 
                under the effective control of the Department of Defense 
                or otherwise under detention in a Department of Defense 
                facility within that theater.
                    (B) Deadline for regulations.--The Secretary of 
                Defense shall prescribe the regulations referred to in 
                subparagraph (A) by not later than 30 days after the 
                date of the enactment of this Act.
            (3) Congressional notification. <<NOTE: Deadline.>> --Not 
        later than five days after the Secretary issues a waiver 
        pursuant to paragraph (1), the Secretary shall submit to 
        Congress written notification of the waiver.

[[Page 123 STAT. 2453]]

SEC. 1039. NOTIFICATION AND ACCESS OF INTERNATIONAL COMMITTEE OF 
                          THE RED CROSS WITH RESPECT TO DETAINEES 
                          AT THEATER INTERNMENT FACILITY AT BAGRAM 
                          AIR BASE, AFGHANISTAN.

    (a) Notification.--The head of a military service or department that 
has custody or effective control of the Theater Internment Facility at 
Bagram Air Base, Afghanistan, or of any individual detained at such 
facility, shall, upon the detention of any such individual at such 
facility, notify the International Committee of the Red Cross (referred 
to in this section as the ``ICRC'') of such custody or effective 
control, as soon as practicable.
    (b) Access.--
            (1) ICRC access.--The head of a military service or 
        department with effective control of the Theater Internment 
        Facility at Bagram Air Base, Afghanistan, shall--
                    (A) endeavor to ensure prompt ICRC access to any 
                individual described in subsection (a) upon receipt by 
                such head of an ICRC request to visit the detainee, 
                pursuant to subsection (a); or
                    (B) if access to a such individual is temporarily 
                denied as an exceptional measure, due to reasons of 
                imperative military necessity, as soon thereafter as 
                practicable, consistent with Article 126 of the Geneva 
                Convention Relative to the Treatment of Prisoners of 
                War, done at Geneva on August 12, 1949 (6 UST 3316), but 
                normally no later than the next regularly scheduled ICRC 
                visit.
            (2) Protocols and agreements.--Such access to the individual 
        shall continue pursuant to ICRC protocols and agreements reached 
        between the ICRC and the head of a military service or 
        department with effective control over the Theater Internment 
        Facility at Bagram Air Base, Afghanistan.

    (c) Scope of Access.--The ICRC shall be provided access, in 
accordance with this section, to those physical localities within the 
Theater Internment Facility at Bagram Air Base, Afghanistan, that are 
determined to be relevant to the treatment of an individual described in 
subsection (a), including the individual's cell or room, interrogation 
facilities or rooms, hospital or related health care facilities or 
rooms, and recreation areas. The scope of access described in this 
subsection shall not be construed to apply to facilities other than the 
Theater Internment Facility at Bagram Air Base, Afghanistan.
    (d) Exception Consistent With the Geneva Convention Relative to the 
Treatment of Prisoners of War.--Consistent with Article 126 of the 
Geneva Convention Relative to the Treatment of Prisoners of War, access 
by the ICRC to a detainee as provided for in subsections (b) and (c) may 
be temporarily denied, as an exceptional measure, for reasons of 
imperative military necessity.
    (e) Construction.--Nothing in this section shall be construed to--
            (1) create or modify the authority of the United States 
        Armed Forces, the Department of Defense, a Federal law 
        enforcement agency, or the intelligence community to detain an 
        individual under existing law, as of the date of the enactment 
        of this Act; or

[[Page 123 STAT. 2454]]

            (2) limit or otherwise affect any other rights or 
        obligations which may arise under the Geneva Conventions, other 
        international agreements, or other laws, or to state all of the 
        situations under which notification to and access for the ICRC 
        is required or allowed.
SEC. 1040. <<NOTE: 10 USC 801 note.>> NO MIRANDA WARNINGS FOR AL 
                          QAEDA TERRORISTS.

    (a) No Miranda Warnings.--
            (1) In general.--Absent a court order requiring the reading 
        of such statements, no member of the Armed Forces and no 
        official or employee of the Department of Defense or a component 
        of the intelligence community (other than the Department of 
        Justice) may read to a foreign national who is captured or 
        detained outside the United States as an enemy belligerent and 
        is in the custody or under the effective control of the 
        Department of Defense or otherwise under detention in a 
        Department of Defense facility the statement required by Miranda 
        v. Arizona (384 U.S. 436 (1966)), or otherwise inform such an 
        individual of any rights that the individual may or may not have 
        to counsel or to remain silent consistent with Miranda v. 
        Arizona (384 U.S. 436 (1966)).
            (2) Nonapplicability to department of justice.--This 
        subsection shall not apply to the Department of Justice.
            (3) Definitions.--In this subsection:
                    (A) The term ``foreign national'' means an 
                individual who is not a citizen or national of the 
                United States.
                    (B) The term ``enemy belligerent'' includes a 
                privileged belligerent against the United States and an 
                unprivileged enemy belligerent, as those terms are 
                defined in section 948a of title 10, United States Code, 
                as amended by section 1802 of this Act.

    (b) Report Required on Notification of Detainees of Rights Under 
Miranda v. Arizona.--Not later than 90 days after the date of the 
enactment of this Act, the Secretary of Defense shall submit to the 
congressional defense committees a report on how the reading of rights 
under Miranda v. Arizona (384 U.S. 436 (1966)) to individuals detained 
by the United States in Afghanistan may affect--
            (1) the tactical questioning of detainees at the point of 
        capture by United States Armed Forces deployed in support of 
        Operation Enduring Freedom;
            (2) post-capture theater-level interrogations and 
        intelligence-gathering activities conducted as part of Operation 
        Enduring Freedom;
            (3) the overall counterinsurgency strategy and objectives of 
        the United States for Operation Enduring Freedom;
            (4) United States military operations and objectives in 
        Afghanistan; and
            (5) potential risks to members of the Armed Forces operating 
        in Afghanistan.
SEC. 1041. LIMITATION ON USE OF FUNDS FOR THE TRANSFER OR RELEASE 
                          OF INDIVIDUALS DETAINED AT UNITED STATES 
                          NAVAL STATION, GUANTANAMO BAY, CUBA.

    (a) Release Prohibition. <<NOTE: Time period.>> --During the period 
beginning on October 1, 2009, and ending on December 31, 2010, the 
Secretary of Defense may not use any of the amounts authorized to be 
appropriated in this Act or otherwise available to the Department

[[Page 123 STAT. 2455]]

of Defense to release into the United States, its territories, or 
possessions, any individual described in subsection (e).

    (b) Transfer Limitation. <<NOTE: Time period. Deadline.>> --During 
the period beginning on October 1, 2009, and ending on December 31, 
2010, the Secretary of Defense may not use any of the amounts authorized 
to be appropriated in this Act or otherwise available to the Department 
of Defense to transfer any individual described in subsection (e) to the 
United States, its territories, or possessions, until 45 days after the 
President has submitted to the congressional defense committees the plan 
described in subsection (c).

    (c) Comprehensive Plan Required. <<NOTE: President.>> --The 
President shall submit to the congressional defense committees a plan 
for the disposition of each individual described in subsection (e) who 
is proposed to be transferred to the United States, its territories, or 
possessions. Such plan for each individual shall include, at a minimum--
            (1) an assessment of the risk that the individual described 
        in subsection (e) poses to the national security of the United 
        States, its territories, or possessions;
            (2) a proposal for the disposition of each such individual;
            (3) the measures to be taken to mitigate any risks described 
        in paragraph (1);
            (4) the location or locations at which the individual will 
        be held under the proposal for disposition required by paragraph 
        (2);
            (5) the costs associated with executing the plan, including 
        technical and financial assistance required to be provided to 
        State and local law enforcement agencies, if necessary, to carry 
        out the plan;
            (6) a summary of the consultation required in subsection 
        (d); and
            (7) a certification by the Attorney General that under the 
        plan the individual poses little or no security risk to the 
        United States, its territories, or possessions.

    (d) Consultation Required. <<NOTE: President.>> --The President 
shall consult with the chief executive of the State, the District of 
Columbia, or the territory or possession of the United States to which 
the disposition in subsection (c)(2) includes transfer to that State, 
District of Columbia, or territory or possession.

    (e) Detainees Described.--An individual described in this subsection 
is any individual who is located at United States Naval Station, 
Guantanamo Bay, Cuba, as of October 1, 2009, who--
            (1) is not a citizen of the United States; and
            (2) is--
                    (A) in the custody or under the effective control of 
                the Department of Defense; or
                    (B) otherwise under detention at the United States 
                Naval Station, Guantanamo Bay, Cuba.
SEC. 1042. ADDITIONAL SUBPOENA AUTHORITY FOR THE INSPECTOR GENERAL 
                          OF THE DEPARTMENT OF DEFENSE.

    Section 8 of the Inspector General Act of 1978 (5 U.S.C. App. 8) is 
amended by adding at the end the following new subsection:
    ``(i)(1) The Inspector General of the Department of Defense is 
authorized to require by subpoena the attendance and testimony of 
witnesses as necessary in the performance of functions assigned to the 
Inspector General by this Act, except that the Inspector

[[Page 123 STAT. 2456]]

General shall use procedures other than subpoenas to obtain attendance 
and testimony from Federal employees.
    ``(2) A subpoena issued under this subsection, in the case of 
contumacy or refusal to obey, shall be enforceable by order of any 
appropriate United States district court.
    ``(3) <<NOTE: Notification. Deadline.>> The Inspector General shall 
notify the Attorney General 7 days before issuing any subpoena under 
this section.''.
SEC. 1043. <<NOTE: 10 USC 2353 note.>> LIMITATIONS ON 
                          MODIFICATIONS OF CERTAIN GOVERNMENT 
                          FURNISHED EQUIPMENT; ONE-TIME AUTHORITY 
                          TO TRANSFER CERTAIN MILITARY PROTOTYPE.

    (a) Limitation. <<NOTE: Certification.>> --An article of military 
equipment that is an end item of a major weapon system may not be 
furnished or transferred to a private entity for the conduct of 
research, development, test and evaluation under contractual agreement 
with the Department of Defense, if such research, development, test, and 
evaluation necessitates significantly modifying the military equipment, 
until the senior acquisition official of a military department, or his 
designee, submits to the congressional defense committees certification 
in writing--
            (1) that the modification of such article of military 
        equipment is necessary to execute the contractual scope of work 
        and there is no suitable alternative to modifying such article;
            (2) that the research, development, test, and evaluation 
        effort is of sufficient interest to the military department to 
        warrant the modification of such article of military equipment;
            (3) that--
                    (A) prior to the end of the period of performance of 
                such a contractual agreement, the article of military 
                equipment will be restored to its original condition; or
                    (B) it is not necessary to restore the article of 
                military equipment to its original condition because the 
                military department intends to dispose of the equipment 
                or operate the equipment in its modified form.
            (4) that the private entity has sufficient resources and 
        capability to fully perform the contractual research, 
        development, test, and evaluation; and
            (5) that the military department has--
                    (A) identified the scope of future test and 
                evaluation likely to be required prior to transition of 
                the associated technology to a program of record; and
                    (B) a plan for the conduct of such future test and 
                evaluation, including the anticipated roles and 
                responsibilities of government and the private entity, 
                as applicable.

    (b) Certification.--No military equipment that is an end item of a 
major weapons system may be transferred or furnished to a private entity 
for purposes of research and development as authorized under subsection 
(a) unless the senior officer of the military service concerned 
certifies to the congressional defense committees that such equipment is 
not essential to the defense of the United States.
    (c) <<NOTE: Pennsylvania.>> One-time Authority to Transfer.--The 
Secretary of the Navy may transfer, to Piasecki Aircraft Corporation of 
Essington, Pennsylvania (in this section referred to as ``transferee''), 
all right, title, and interest of the United States, except as otherwise 
provided in this subsection, in and to Navy aircraft N40VT (Bureau 
Number

[[Page 123 STAT. 2457]]

163283), also known as the X-49A aircraft, and associated components and 
test equipment, previously specified as Government-furnished equipment 
in contract N00019-00-C-0284. The transferee shall provide consideration 
for the transfer of such military equipment to the transferor of an 
amount not to exceed fair value, as determined, on a non-delegable 
basis, by the Secretary.

    (d) Applicable Law.--The transfer or use of military equipment is 
subject to all applicable Federal and State laws and regulations, 
including, but not limited to, the Arms Export Control Act, the Export 
Administration Act of 1979, continued under Executive Order 12924, 
International Traffic in Arms Regulations (22 C.F.R. 120 et seq.), 
Export Administration Regulations (15 C.F.R. 730 et seq.), Foreign 
Assets Control Regulations (31 C.F.R. 500 et 13 seq.), and the Espionage 
Act.
    (e) Condition of Equipment to Be Transferred.--
            (1) As-is condition.--The military equipment transferred 
        under subsection (c) shall be transferred in its current ``as-
        is'' condition. The Secretary is not required to repair or alter 
        the condition of any military equipment before transferring any 
        interest in such equipment under subsection (c).
            (2) Spare parts or equipment.--The Secretary of the Navy is 
        not required to provide spare parts or equipment as a result of 
        the transfer authorized under subsection (c).

    (f) Transfer at No Cost to the United States.--The transfer of 
military equipment under subsection (c) shall be made at no cost to the 
United States. Any costs associated with the transfer shall be borne by 
the transferee.
    (g) Additional Terms and Conditions. <<NOTE: Contracts.>> --The 
Secretary shall require that the transfer authorized by section (c) be 
carried out by means of a written agreement and shall require, at a 
minimum, the following conditions to the transfer:
            (1) A condition stipulating that the transfer of the X-49A 
        aircraft is for the sole purpose of further development, test, 
        and evaluation of vectored thrust ducted propeller (hereinafter 
        in this section referred to as ``VTDP'') technology.
            (2) A condition providing the Government the right to 
        procure the VTDP technology demonstrated under this program at a 
        discounted cost based on the value of the X-49A aircraft and 
        associated equipment at the time of transfer, with such 
        valuation and terms determined by the Secretary.
            (3) A condition that the transferee not transfer any 
        interest in, or transfer possession of, the military equipment 
        transferred under subsection (b) to any other party without the 
        prior written approval of the Secretary.
            (4) A condition that if the Secretary determines at any time 
        that the transferee has failed to comply with a condition set 
        forth in paragraphs (1) through (3), all items referred to in 
        subsection (b) shall be transferred back to the Navy, at no cost 
        to the United States.
            (5) A condition that the transferee acknowledges sole 
        responsibility of the X-49A aircraft and associated equipment 
        and assumes all liability for operation of the X-49A aircraft 
        and associated equipment.

    (h) No Liability for the United States.--Upon the transfer of 
military equipment under subsection (b), the United States shall not be 
liable for any death, injury, loss, or damage that results

[[Page 123 STAT. 2458]]

from the use of such military equipment by any person other than the 
United States.
    (i) Additional Terms and Conditions.--The Secretary may require such 
additional terms and conditions in connection with a transfer under 
subsection (b) as the Secretary considers appropriate to protect the 
interests of the United States.
    (j) Definitions.--In this subsection:
            (1) The term ``major system'' has the meaning provided in 
        section 2302 of title 10, United States Code.
            (2) The term ``contractual agreement'' includes contracts, 
        grants, cooperative agreements, and other transactions.

                     Subtitle E--Studies and Reports

SEC. 1051. REPORT ON STATUTORY COMPLIANCE OF THE REPORT ON THE 
                          2009 QUADRENNIAL DEFENSE REVIEW.

    (a) Comptroller General Report.--Not later than 90 days after the 
Secretary of Defense releases the report on the 2009 quadrennial defense 
review, the Comptroller General shall submit to the congressional 
defense committees and to the Secretary of Defense a report on the 
degree to which the report on the 2009 quadrennial defense review 
addresses each of the items required by subsection (d) of section 118 of 
title 10, United States Code.
    (b) Secretary of Defense Report. <<NOTE: Determination.>> --If the 
Comptroller General determines that the report on the 2009 quadrennial 
defense review fails to directly address items required by subsection 
(d) of section 118 of such title, the Secretary of Defense shall submit 
to the congressional defense committees a report directly addressing 
those items not later than 30 days after the submission of the report by 
the Comptroller General required by paragraph (1).
SEC. 1052. REPORT ON THE FORCE STRUCTURE FINDINGS OF THE 2009 
                          QUADRENNIAL DEFENSE REVIEW.

    (a) Report Requirement. <<NOTE: Classified information.>> --
Concurrent with the delivery of the report on the 2009 quadrennial 
defense review required by section 118 of title 10, United States Code, 
the Secretary of Defense shall submit to the congressional defense 
committees a report with a classified annex containing--
            (1) the analyses used to determine and support the findings 
        on force structure required by such section; and
            (2) a description of any changes from the previous 
        quadrennial defense review to the minimum military requirements 
        for major military capabilities.

    (b) Major Military Capabilities Defined.--In this section, the term 
``major military capabilities'' includes any capability the Secretary 
determines to be a major military capability, any capability discussed 
in the report of the 2006 quadrennial defense review, and any capability 
described in paragraph (9) or (10) of section 118(d) of title 10, United 
States Code.
SEC. 1053. ANNUAL REPORT ON THE ELECTRONIC WARFARE STRATEGY OF THE 
                          DEPARTMENT OF DEFENSE.

    (a) Annual Report Required.--At the same time as the President 
submits to Congress the budget under section 1105(a) of title 31, United 
States Code, for each of fiscal years 2011 through 2015, the Secretary 
of Defense, in coordination with the Chairman of the Joint Chiefs of 
Staff and the Secretary of each of the military

[[Page 123 STAT. 2459]]

departments, shall submit to the congressional defense committees an 
annual report on the electronic warfare strategy of the Department of 
Defense.
    (b) Contents of Report.--Each report required under subsection (a) 
shall include each of the following:
            (1) A description and overview of--
                    (A) the electronic warfare strategy of the 
                Department of Defense;
                    (B) how such strategy supports the National Defense 
                Strategy; and
                    (C) the organizational structure assigned to oversee 
                the development of the Department's electronic warfare 
                strategy, requirements, capabilities, programs, and 
                projects.
            (2) A list of all the electronic warfare acquisition 
        programs and research and development projects of the Department 
        of Defense and a description of how each program or project 
        supports the Department's electronic warfare strategy.
            (3) For each unclassified program or project on the list 
        required by paragraph (2)--
                    (A) the senior acquisition executive and 
                organization responsible for oversight of the program or 
                project;
                    (B) whether or not validated requirements exist for 
                the program or project and, if such requirements do 
                exist, the date on which the requirements were validated 
                and the organizational authority that validated such 
                requirements;
                    (C) the total amount of funding appropriated, 
                obligated, and forecasted by fiscal year for the program 
                or project, including the program element or procurement 
                line number from which the program or project receives 
                funding;
                    (D) the development or procurement schedule for the 
                program or project;
                    (E) an assessment of the cost, schedule, and 
                performance of the program or project as it relates to 
                the program baseline for the program or project, as of 
                the date of the submission of the report, and the 
                original program baseline for such program or project, 
                if such baselines are not the same;
                    (F) the technology readiness level of each critical 
                technology that is part of the program or project;
                    (G) whether or not the program or project is 
                redundant or overlaps with the efforts of another 
                military department; and
                    (H) the capability gap that the program or project 
                is being developed or procured to fulfill.
            (4) A classified annex that contains the items described in 
        subparagraphs (A) through (H) of paragraph (3) for each 
        classified program or project on the list required by paragraph 
        (2).
SEC. 1054. STUDY ON A SYSTEM FOR CAREER DEVELOPMENT AND MANAGEMENT 
                          OF INTERAGENCY NATIONAL SECURITY 
                          PROFESSIONALS.

    (a) Study Required.--

[[Page 123 STAT. 2460]]

            (1) Designation of executive agency. <<NOTE: President.>> --
        Not later than 30 days after the date of the enactment of this 
        Act, the President shall designate an Executive agency to 
        commission a study of the matters described in subsection (b) by 
        an appropriate independent, nonprofit organization. The 
        designated Executive agency shall select the organization and 
        commission the study not later than 90 days after the date of 
        the enactment of this Act.
            (2) Qualifications of organization selected.--The 
        organization selected shall be qualified on the basis of having 
        performed related work in the fields of national security and 
        human capital development, and on the basis of such other 
        criteria as the head of the designated Executive agency may 
        determine.

    (b) Matters to Be Examined.--The study required by subsection (a) 
shall examine matters pertaining to a system for the development and 
management of interagency national security professionals including, at 
a minimum, the following:
            (1) Professional development.--The skills, education, 
        training, and professional experiences desired in interagency 
        national security professionals at various career stages, as 
        well as the feasibility, benefits, and costs of developing a 
        pool of personnel necessary to enable interagency national 
        security professionals to undertake such professional 
        development opportunities.
            (2) Coordination.--Procedures for ensuring appropriate 
        consistency and coordination among participating Executive 
        agencies, such as methods for identifying positions and 
        personnel that should be included in the system, and 
        coordination of treatment in personnel and human resource 
        systems, including performance review and promotion policies.
            (3) Funding.--Potential mechanisms for funding an 
        interagency national security professional development program.
            (4) Military and state and local government personnel.--The 
        feasibility of integrating, coordinating, or supplementing the 
        systems and requirements regarding experience and education for 
        military officers with an interagency national security 
        professional system, as well as potential means of, and benefits 
        and drawbacks of, including State and local government 
        organizations and personnel in the system.
            (5) Incentives to participate.--Incentives and requirements 
        that could be implemented to encourage personnel and 
        organizations to fully participate in the system across various 
        career levels.
            (6) Current efforts.--The effectiveness of, and lessons 
        learned from, major current efforts at developing interagency 
        national security professionals.

    (c) Report.--A report containing the findings and recommendations 
resulting from the study required by subsection (a), together with any 
views or recommendations of the President, shall be submitted to 
Congress not later than December 1, 2010.
    (d) Definitions.--In this section:
            (1) The term ``Executive agency'' has the meaning given such 
        term by section 105 of title 5, United States Code.
            (2) The term ``employee'' has the meaning given such term by 
        section 2105 of title 5, United States Code.

[[Page 123 STAT. 2461]]

            (3) The term ``interagency national security professional'' 
        means an employee of an Executive agency who plans, coordinates, 
        or participates in activities relating to the national security 
        of the United States that require significant interaction and 
        engagement with other Executive agencies.
SEC. 1055. <<NOTE: 50 USC 2371.>> REPORT ON NUCLEAR ASPIRATIONS OF 
                          NON-STATE ENTITIES, NUCLEAR WEAPONS AND 
                          RELATED PROGRAMS IN NON-NUCLEAR-WEAPONS 
                          STATES AND COUNTRIES NOT PARTIES TO THE 
                          NUCLEAR NON-PROLIFERATION TREATY, AND 
                          CERTAIN FOREIGN PERSONS.

    (a) In General.--The Director of National Intelligence shall 
biennially submit to the congressional defense committees, the Select 
Committee on Intelligence of the Senate, and the Permanent Select 
Committee on Intelligence of the House of Representatives a report--
            (1) on the nuclear weapons programs and any related programs 
        of countries that are non-nuclear-weapons state parties to the 
        Treaty on Non-Proliferation of Nuclear Weapons, done at 
        Washington, London, and Moscow July 1, 1968, and entered into 
        force March 5, 1970 (commonly known as the ``Nuclear Non-
        Proliferation Treaty'') and countries that are not parties to 
        the Treaty;
            (2) on the nuclear weapons aspirations of such non-state 
        entities as the Director considers appropriate to include in the 
        report; and
            (3) that identifies each foreign person that, during the 
        period covered by the report, made a material contribution to 
        the research, development, production, or acquisition by a 
        country of proliferation concern of--
                    (A) weapons of mass destruction (including nuclear 
                weapons, chemical weapons, or biological weapons); or
                    (B) ballistic or cruise missile systems.

    (b) Elements.--The report required under subsection (a) shall 
include, with respect to each country described in subsection (a)(1) and 
each non-state entity referred to in subsection (a)(2), the following:
            (1) A statement of the number of nuclear weapons possessed 
        by such country or non-state entity.
            (2) An estimate of the total number of nuclear weapons that 
        such country or non-state entity seeks to obtain and, in the 
        case of such non-state entity, an assessment of the extent to 
        which such non-state entity is seeking to develop a nuclear 
        weapon or device or radiological dispersion device.
            (3) A description of the technical characteristics of any 
        nuclear weapons possessed by such country or non-state entity.
            (4) A description of nuclear weapons designs available to 
        such country or non-state entity.
            (5) A description of any sources of assistance with respect 
        to nuclear weapons design provided to or by such country or non-
        state entity and, in the case of assistance provided by such 
        country or non-state entity, a description of to whom such 
        assistance was provided.
            (6) An assessment of the annual capability of such country 
        and non-state entity to produce new or newly designed nuclear 
        weapons.

[[Page 123 STAT. 2462]]

            (7) A description of the type of fissile materials used in 
        any nuclear weapons possessed by such country or non-state 
        entity.
            (8) An description of the location and production capability 
        of any fissile materials production facilities in such country 
        or controlled by such non-state entity, the current status of 
        any such facilities, and any plans by such country or non-state 
        entity to develop such facilities.
            (9) An identification of the source of any fissile materials 
        used by such country or non-state entity, if such materials are 
        not produced in facilities referred to in paragraph (8).
            (10) An assessment of the intentions of such country or non-
        state entity to leverage civilian nuclear capabilities for a 
        nuclear weapons program.
            (11) A description of any delivery systems available to such 
        country or non-state entity and an assessment of whether nuclear 
        warheads have been mated, or there are plans for such warheads 
        to be mated, to any such delivery system.
            (12) An assessment of the physical security of the storage 
        facilities for nuclear weapons in such country or controlled by 
        such non-state entity.
            (13) An assessment of whether such country is modernizing or 
        otherwise improving the safety, security, and reliability of the 
        nuclear weapons stockpile of such country.
            (14) An assessment of the industrial capability and capacity 
        of such country or non-state entity to produce nuclear weapons.
            (15) In the case of a country, an assessment of the policy 
        of such country on the employment and use of nuclear weapons.

    (c) References to Other Reports.--Each report submitted under 
subsection (a) shall include a copy of any other report that is 
incorporated by reference into the report submitted under subsection 
(a).
    (d) Unclassified Summary.--Each report submitted under subsection 
(a) shall include an unclassified summary of such report.
    (e) Submittal to Congress.--
            (1) In general.--Except as provided in paragraph (2), the 
        Director of National Intelligence shall submit to the 
        congressional defense committees, the Select Committee on 
        Intelligence of the Senate, and the Permanent Select Committee 
        on Intelligence of the House of Representatives the first report 
        required under subsection (a) by not later than September 1, 
        2010.
            (2) Notification of delay in 
        submittal. <<NOTE: Determination.>> --If the Director of 
        National Intelligence determines that it will not be possible 
        for the Director to submit the first report required under 
        subsection (a) by September 1, 2010, the Director shall, not 
        later than August 1, 2010, submit to the committees specified in 
        paragraph (1) a notice--
                    (A) that such report will not be submitted by 
                September 1, 2010; and
                    (B) setting forth the date by which the Director 
                will submit such report.

    (f) <<NOTE: Repeal.>> Conforming Amendment.--Section 722 of the 
Combating Proliferation of Weapons of Mass Destruction Act of 1996 (50 
U.S.C. 2369) is repealed.

    (g) Definitions.--In this section:
            (1) Foreign person.--The term ``foreign person'' means any 
        of the following:

[[Page 123 STAT. 2463]]

                    (A) A natural person who is not a citizen of the 
                United States.
                    (B) A corporation, business association, 
                partnership, society, trust, or other nongovernmental 
                entity, organization, or group that is organized under 
                the laws of a foreign country or has its principal place 
                of business in a foreign country.
                    (C) Any foreign government or foreign governmental 
                entity operating as a business enterprise or in any 
                other capacity.
                    (D) Any successor, subunit, or subsidiary of any 
                entity described in subparagraph (B) or (C).
            (2) Country of proliferation concern.--The term ``country of 
        proliferation concern'' means any country identified by the 
        Director of Central Intelligence as having engaged in the 
        acquisition of dual-use and other technology useful for the 
        development or production of weapons of mass destruction 
        (including nuclear weapons, chemical weapons, and biological 
        weapons) or advanced conventional munitions--
                    (A) in the most recent report under section 721 of 
                the Combating Proliferation of Weapons of Mass 
                Destruction Act of 1996 (50 U.S.C. 2366); or
                    (B) in any successor report on the acquisition by 
                foreign countries of dual-use and other technology 
                useful for the development or production of weapons of 
                mass destruction.
SEC. 1056. COMPTROLLER GENERAL REVIEW OF DEPARTMENT OF DEFENSE 
                          SPENDING IN FINAL FISCAL QUARTERS.

    (a) Review of Spending by the Comptroller General.--The Comptroller 
General shall conduct a review of obligations incurred by the Department 
of Defense in the final quarter each covered fiscal year, as compared to 
the obligations so incurred in the first three quarters of that fiscal 
year, to determine if policies with respect to financial execution by 
the Department contribute to hastened year-end spending and poor use or 
waste of taxpayer dollars. Such review shall include both one-year and 
multi-year appropriations for each covered fiscal year.
    (b) Covered Fiscal Years.--For purposes of this section, a covered 
fiscal year is fiscal year 2006, 2007, 2008, or 2009.
    (c) Report.--Not later than March 31, 2010, the Comptroller General 
shall submit to the Committees on Armed Services of the Senate and House 
of Representatives a report containing--
            (1) the results of the review conducted under subsection 
        (a); and
            (2) any recommendations of the Comptroller General with 
        respect to improving the policies pursuant to which amounts 
        appropriated to the Department of Defense are obligated and 
        expended in the final quarter of a fiscal year.
SEC. 1057. REPORT ON AIR AMERICA.

    (a) Definitions.--In this section:
            (1) Air america.--The term ``Air America'' means Air 
        America, Incorporated.
            (2) Associated company.--The term ``associated company'' 
        means any entity associated with, predecessor to, or subsidiary 
        to Air America, including Air Asia Company Limited, CAT 
        Incorporated, Civil Air Transport Company Limited, and the 
        Pacific Division of Southern Air Transport, during the period

[[Page 123 STAT. 2464]]

        when such an entity was owned and controlled by the United 
        States Government.

    (b) Report on Retirement Benefits for Former Employees of Air 
America.--
            (1) In general.--Not later than 180 days after the date of 
        the enactment of this Act, the Director of National Intelligence 
        shall submit to Congress a report on the advisability of 
        providing Federal retirement benefits to United States citizens 
        for the service of such citizens prior to 1977 as employees of 
        Air America or an associated company during a period when Air 
        America or the associated company was owned or controlled by the 
        United States Government and operated or managed by the Central 
        Intelligence Agency.
            (2) Report elements.--The report required by paragraph (1) 
        shall include the following:
                    (A) The history of Air America and the associated 
                companies prior to 1977, including a description of--
                          (i) the relationship between Air America and 
                      the associated companies and the Central 
                      Intelligence Agency or any other element of the 
                      United States Government;
                          (ii) the workforce of Air America and the 
                      associated companies;
                          (iii) the missions performed by Air America, 
                      the associated companies, and their employees for 
                      the United States; and
                          (iv) the casualties suffered by employees of 
                      Air America and the associated companies in the 
                      course of their employment.
                    (B) A description of--
                          (i) the retirement benefits contracted for or 
                      promised to the employees of Air America and the 
                      associated companies prior to 1977;
                          (ii) the contributions made by such employees 
                      for such benefits;
                          (iii) the retirement benefits actually paid 
                      such employees;
                          (iv) the entitlement of such employees to the 
                      payment of future retirement benefits; and
                          (v) the likelihood that such employees will 
                      receive any future retirement benefits.
                    (C) An assessment of the difference between--
                          (i) the retirement benefits that former 
                      employees of Air America and the associated 
                      companies have received or will receive by virtue 
                      of their employment with Air America and the 
                      associated companies; and
                          (ii) the retirement benefits that such 
                      employees would have received or be eligible to 
                      receive if such employment was deemed to be 
                      employment by the United States Government and 
                      their service during such employment was credited 
                      as Federal service for the purpose of Federal 
                      retirement benefits.
                    (D)(i) Any recommendations regarding the 
                advisability of legislative action to treat such 
                employment as Federal service for the purpose of Federal 
                retirement benefits in light of the relationship between 
                Air America and the associated companies and the United 
                States Government and

[[Page 123 STAT. 2465]]

                the services and sacrifices of such employees to and for 
                the United States.
                    (ii) If legislative action is considered advisable 
                under clause (i), a proposal for such action and an 
                assessment of its costs.
                    (E) The opinions of the Director of the Central 
                Intelligence Agency, if any, on any matters covered by 
                the report that the Director of the Central Intelligence 
                Agency considers appropriate.
            (3) Assistance of comptroller general.--The Comptroller 
        General of the United States shall, upon the request of the 
        Director of National Intelligence and in a manner consistent 
        with the protection of classified information, assist the 
        Director in the preparation of the report required by paragraph 
        (1).
            (4) Form.--The report required by paragraph (1) shall be 
        submitted in unclassified form, but may include a classified 
        annex.
SEC. 1058. REPORT ON DEFENSE TRAVEL SIMPLIFICATION.

    (a) Report Required.--Not later than 180 days after the date of the 
enactment of this Act, the Secretary of Defense shall submit to the 
Committees on Armed Services of the Senate and House of Representatives 
a report setting forth a comprehensive plan to simplify Department of 
Defense travel procedures.
    (b) Elements.--The report required under subsection (a) shall 
include the following:
            (1) A comprehensive discussion of aspects of the Department 
        of Defense travel procedures that are most confusing, 
        inefficient, and in need of revision.
            (2) A critical review of opportunities to streamline and 
        simplify defense travel policies and to reduce travel-related 
        costs to the Department of Defense.
            (3) A discussion of any actions to incorporate permanent 
        duty travel that are being undertaken by the Secretary of 
        Defense as of the date of the enactment of this Act.
            (4) A plan to gather data on the number of manual temporary 
        duty vouchers processed by the Department of Defense.
            (5) Options to leverage industry capabilities and 
        technologies that could enhance management responsiveness to 
        changing markets.
            (6) A discussion of pilot programs that the Secretary of 
        Defense could carry out to demonstrate the merit of improvements 
        identified pursuant to preparing the report required by this 
        section, including a discussion of--
                    (A) recommendations for legislative authority; and
                    (B) how the systems developed for purposes of such a 
                pilot program would interact with the automated Defense 
                Travel System in effect as of the date of the enactment 
                of this Act.
            (7) Such recommendations and an implementation plan for 
        legislative or administrative action as the Secretary of Defense 
        considers appropriate to improve defense travel.
SEC. 1059. REPORT ON MODELING AND SIMULATION TECHNOLOGICAL AND 
                          INDUSTRIAL BASE.

    (a) Report Required.--Not later than 180 days after the date of the 
enactment of this Act, the Secretary of Defense, working

[[Page 123 STAT. 2466]]

through the Director for Defense Research and Engineering, the Deputy 
Under Secretary of Defense for Industrial Policy, the Commander of the 
United States Joint Forces Command, and other appropriate organizations, 
shall submit to the congressional defense committees a report that 
describes current and planned efforts to support and enhance the defense 
modeling and simulation technological and industrial base, including in 
academia, industry, and government.
    (b) Elements.--The report required under subsection (a) shall 
include the following:
            (1) An assessment of the current and future domestic defense 
        modeling and simulation technological and industrial base and 
        its ability to meet current and future defense requirements.
            (2) A description of current and planned programs and 
        activities of the Department of Defense to enhance the ability 
        of the domestic defense modeling and simulation technological 
        and industrial base to meet current and future defense 
        requirements.
            (3) A description of current and planned Department of 
        Defense activities in cooperation with Federal, State, and local 
        government organizations that promote the enhancement of the 
        ability of the domestic defense modeling and simulation 
        technological and industrial base to meet current and future 
        defense requirements.
            (4) A comparative assessment of current and future global 
        modeling and simulation capabilities relative to those of the 
        United States in areas related to defense applications of 
        modeling and simulation.
            (5) An identification of additional authorities or resources 
        related to technology transfer, establishment of public-private 
        partnerships, coordination with regional, State, or local 
        initiatives, or other activities that would be required to 
        enhance efforts to support the domestic defense modeling and 
        simulation technological and industrial base.
            (6) Other matters as determined appropriate by the 
        Secretary.
SEC. 1060. REPORT ON ENABLING CAPABILITIES FOR SPECIAL OPERATIONS 
                          FORCES.

    (a) Report Required.--Not later than 270 days after the date of the 
enactment of this Act, the Commander of the United States Special 
Operations Command, jointly with the commanders of the combatant 
commands and the Chief of Staff of the Army, the Chief of Naval 
Operations, the Chief of Staff of the Air Force, and the Commandant of 
the Marine Corps shall submit to the Secretary of Defense and the 
Chairman of the Joint Chiefs of Staff a report on the availability of 
enabling capabilities to support special operations forces requirements.
    (b) Matters To Be Included.--The report required under subsection 
(a) shall include the following:
            (1) An identification of the requirements for enabling 
        capabilities for conventional forces and special operations 
        forces globally, including current and projected needs in Iraq, 
        Afghanistan, and other theaters of operation.

[[Page 123 STAT. 2467]]

            (2) A description of the processes used to prioritize and 
        allocate enabling capabilities to meet the mission requirements 
        of conventional forces and special operations forces.
            (3) An identification and description of any shortfalls in 
        enabling capabilities for special operations forces by function, 
        region, and quantity, as determined by the Commander of the 
        United States Special Operations Command and the commanders of 
        the geographic combatant commands.
            (4) An assessment of the current inventory of these enabling 
        capabilities within the military departments and components and 
        the United States Special Operations Command.
            (5) An assessment of whether there is a need to create 
        additional enabling capabilities by function and quantity.
            (6) An assessment of the merits of creating additional 
        enabling units, by type and quantity--
                    (A) within the military departments; and
                    (B) within the United States Special Operations 
                Command.
            (7) Recommendations for meeting the current and future 
        enabling force requirements of the United States Special 
        Operations Command, including an assessment of the increases in 
        endstrength, equipment, funding, and military construction that 
        would be required to support these recommendations.
            (8) Any other matters the Commander of the United States 
        Special Operations Command, the commanders of the combatant 
        commands, and the Chief of Staff of the Army, the Chief of Naval 
        Operations, the Chief of Staff of the Air Force, and the 
        Commandant of the Marine Corps consider useful and relevant.

    (c) Report to Congress.--Not later than 30 days after receiving the 
report required under subsection (a), the Secretary of Defense shall 
forward the report to the congressional defense committees with any 
additional comments the Secretary considers appropriate.
SEC. 1061. ADDITIONAL MEMBERS AND DUTIES FOR THE INDEPENDENT PANEL 
                          TO ASSESS THE QUADRENNIAL DEFENSE 
                          REVIEW.

    (a) Additional Members.--
            (1) In general.--For purposes of conducting the assessment 
        of the 2009 quadrennial defense review under section 118 of 
        title 10, United States Code (in this section referred to as the 
        ``2009 QDR''), the independent panel established under 
        subsection (f) of such section (in this section referred to as 
        the ``Panel'') shall include eight additional members as 
        follows:
                    (A) Two appointed by the chairman of the Committee 
                on Armed Services of the House of Representatives.
                    (B) Two appointed by the chairman of the Committee 
                on Armed Services of the Senate.
                    (C) Two appointed by the ranking member of the 
                Committee on Armed Services of the House of 
                Representatives.
                    (D) Two appointed by the ranking member of the 
                Committee on Armed Services of the Senate.
            (2) Period of appointment; vacancies.--Members of the Panel 
        appointed under paragraph (1) shall be appointed for the life of 
        the Panel. Any vacancy in an appointment to the

[[Page 123 STAT. 2468]]

        Panel under paragraph (1) shall be filled in the same manner as 
        the original appointment.

    (b) Additional Duties.--In addition to the duties of the Panel under 
section 118(f) of title 10, United States Code, the Panel shall, with 
respect to the 2009 QDR--
            (1) review the Secretary of Defense's terms of reference, 
        and any other materials providing the basis for, or substantial 
        inputs to, the work of the Department of Defense on the 2009 
        QDR;
            (2) conduct an assessment of the assumptions, strategy, 
        findings, and risks in the report of the Secretary of Defense on 
        the 2009 QDR, with particular attention paid to the risks 
        described in that report;
            (3) conduct an independent assessment of a variety of 
        possible force structures for the Armed Forces, including the 
        force structure identified in the report of the Secretary of 
        Defense on the 2009 QDR; and
            (4) review the resource requirements identified in the 2009 
        QDR pursuant to section 118(b)(3) of title 10, United States 
        Code, and, to the extent practicable, make a general comparison 
        of such resource requirements with the resource requirements to 
        support the forces contemplated under the force structures 
        assessed under paragraph (3).

    (c) Reports.--
            (1) Initial report of panel.--The report on the 2009 QDR 
        that is submitted to Congress pursuant to section 118(f)(2) of 
        title 10, United States Code, shall include, in addition to any 
        other matters required by such section, the interim findings of 
        the Panel with respect to the matters specified in subsection 
        (b).
            (2) Final report of panel.--Not later than July 15, 2010, 
        the Panel shall submit to the Secretary of Defense, and to the 
        congressional defense committees, the final report of the Panel 
        on the matters specified in subsection (b). The report shall 
        include such recommendations on such matters as the Panel 
        considers appropriate.
            (3) Report of secretary of defense.--Not later than August 
        15, 2010, the Secretary of Defense shall, after consultation 
        with the Chairman of the Joint Chiefs of Staff, submit to the 
        congressional defense committees a report setting forth the 
        Secretary's response to the final report of the Panel under 
        paragraph (2).

    (d) Termination of Panel.--The Panel shall terminate 45 days after 
the date on which the Panel submits its final report under subsection 
(c)(2).
SEC. 1062. <<NOTE: 10 USC 2302 note.>> CONGRESSIONAL EARMARKS 
                          RELATING TO THE DEPARTMENT OF DEFENSE.

    (a) Report on Recurring Earmarks.--
            (1) Report required.--Not later than 90 days after the date 
        of the enactment of this Act, the Secretary of Defense shall 
        submit to the congressional defense committees a report 
        regarding covered earmarks.
            (2) Elements.--The report required by paragraph (1) shall 
        include the following:
                    (A) An identification of each covered earmark that 
                has been included in a national defense authorization 
                Act

[[Page 123 STAT. 2469]]

                for three or more consecutive fiscal years as of the 
                date of the enactment of this Act.
                    (B) A description of the extent to which competitive 
                or merit-based procedures were used to award funding, or 
                to enter into a contract, grant, or other agreement, 
                pursuant to each covered earmark.
                    (C) An identification of the specific contracting 
                vehicle used for each covered earmark.
                    (D) In the case of any covered earmark for which 
                competitive or merit-based procedures were not used to 
                award funding, or to enter into the contract, grant, or 
                other agreement, a statement of the reasons competitive 
                or merit-based procedures were not used.

    (b) DoD Inspector General Audit of Congressional Earmarks.--The 
Inspector General of the Department of Defense shall conduct an audit of 
contracts, grants, or other agreements pursuant to congressional 
earmarks of Department of Defense funds to determine whether or not the 
recipients of such earmarks are complying with requirements of Federal 
law on the use of appropriated funds to influence, whether directly or 
indirectly, congressional action on any legislation or appropriation 
matter pending before Congress.
    (c) Definitions.--In this section:
            (1) The term ``congressional earmark'' means any 
        congressionally directed spending item (Senate) or congressional 
        earmark (House of Representatives) on a list published in 
        compliance with rule XLIV of the Standing Rules of the Senate or 
        rule XXI of the Rules of the House of Representatives.
            (2) The term ``covered earmark'' means any congressional 
        earmark identified in the joint explanatory statement to 
        accompany the Duncan Hunter National Defense Authorization Act 
        for Fiscal Year 2009 (Public Law 110-417) that was printed in 
        the Congressional Record on September 23, 2008.
            (3) The term ``national defense authorization Act'' means an 
        Act authorizing funds for a fiscal year for the military 
        activities of the Department of Defense, and for other purposes.
SEC. 1063. <<NOTE: 10 USC 113 note.>> REPORT ON BASING PLANS FOR 
                          CERTAIN UNITED STATES GEOGRAPHIC 
                          COMBATANT COMMANDS.

    (a) Report Requirement.--Concurrent with the delivery of the report 
on the 2009 quadrennial defense review required by section 118 of title 
10, United States Code, the Secretary of Defense shall submit to the 
congressional defense committees a report on the plan for basing of 
forces outside the United States.
    (b) Matters Covered.--The report required under subsection (a) shall 
contain a description of--
            (1) how the plan supports the United States national 
        security strategy;
            (2) how the plan supports the security commitments 
        undertaken by the United States pursuant to any international 
        security treaty, including the North Atlantic Treaty, the Treaty 
        of Mutual Cooperation and Security between the United States and 
        Japan, and the Security Treaty Between Australia, New Zealand, 
        and the United States of America;
            (3) how the plan addresses the current security environment 
        in each geographic combatant command's area of responsibility, 
        including United States participation in theater security

[[Page 123 STAT. 2470]]

        cooperation activities and bilateral partnership, exchanges, and 
        training exercises;
            (4) the impact that a permanent change in the basing of a 
        unit currently stationed outside the United States would have on 
        the matters described in paragraphs (1) through (3);
            (5) the impact the plan will have on the status of overseas 
        base closure and realignment actions undertaken as part of a 
        global defense posture realignment strategy and the status of 
        development and execution of comprehensive master plans for 
        overseas military main operating bases, forward operating sites, 
        and cooperative security locations of the global defense posture 
        of the United States;
            (6) any recommendations for additional closures or 
        realignments of military installations outside of the United 
        States; and
            (7) any comments resulting from an interagency review of the 
        plan that includes the Department of State and other relevant 
        Federal departments and agencies.

    (c) Notification Requirement.--The Secretary of Defense shall notify 
Congress at least 30 days before the permanent relocation of a unit 
stationed outside the United States as of the date of the enactment of 
this Act.
    (d) Definitions.--In this section:
            (1) Unit.--The term ``unit'' has the meaning determined by 
        the Secretary of Defense for purposes of this section.
            (2) Geographic combatant command.--For purposes of this 
        section, the term ``geographic combatant command'' means a 
        combatant command with a geographic area of responsibility that 
        does not include North America.

                        Subtitle F--Other Matters

SEC. 1071. EXTENSION OF CERTAIN AUTHORITY FOR MAKING REWARDS FOR 
                          COMBATING TERRORISM.

    Section 127b(c)(3)(C) of title 10, United States Code, is amended by 
striking ``2009'' and inserting ``2010''.
SEC. 1072. BUSINESS PROCESS REENGINEERING.

    (a) New Programs.--Section 2222 of title 10, United States Code, is 
amended--
            (1) in subsection (a)--
                    (A) by redesignating paragraphs (1) and (2) as 
                paragraphs (2) and (3), respectively;
                    (B) by inserting before paragraph (2), as 
                redesignated by subparagraph (A) of this subsection, the 
                following new paragraph (1):
            ``(1) the appropriate chief management officer for the 
        defense business system modernization has determined whether or 
        not--
                    ``(A) the defense business system modernization is 
                in compliance with the enterprise architecture developed 
                under subsection (c); and
                    ``(B) appropriate business process reengineering 
                efforts have been undertaken to ensure that--

[[Page 123 STAT. 2471]]

                          ``(i) the business process to be supported by 
                      the defense business system modernization will be 
                      as streamlined and efficient as practicable; and
                          ``(ii) the need to tailor commercial-off-the-
                      shelf systems to meet unique requirements or 
                      incorporate unique interfaces has been eliminated 
                      or reduced to the maximum extent practicable;'';
                    (C) in paragraph (2), as redesignated by 
                subparagraph (A) of this subsection, by striking 
                subparagraph (A) and inserting the following new 
                subparagraph (A):
                    ``(A) has been determined by the appropriate chief 
                management officer to be in compliance with the 
                requirements of paragraph (1);''; and
                    (D) in paragraph (3), as redesignated by 
                subparagraph (A) of this paragraph, by striking ``the 
                certification by the approval authority is'' and 
                inserting ``the certification by the approval authority 
                and the determination by the chief management officer 
                are''; and
            (2) in subsection (f)--
                    (A) by redesignating paragraphs (1) through (5) as 
                subparagraphs (A) through (E), respectively;
                    (B) by inserting ``(1)'' before ``The Secretary of 
                Defense'';
                    (C) in subparagraph (E) of paragraph (1), as 
                designated by this paragraph, by striking ``paragraphs 
                (1) through (4)'' and inserting ``subparagraphs (A) 
                through (D)''; and
                    (D) by adding at the end the following new paragraph 
                (2):

    ``(2) For purposes of subsection (a), the appropriate chief 
management officer for a defense business system modernization is as 
follows:
            ``(A) In the case of an Army program, the Chief Management 
        Officer of the Army.
            ``(B) In the case of a Navy program, the Chief Management 
        Officer of the Navy.
            ``(C) In the case of an Air Force program, the Chief 
        Management Officer of the Air Force.
            ``(D) In the case of a program of a Defense Agency, the 
        Deputy Chief Management Officer of the Department of Defense.
            ``(E) In the case of a program that will support the 
        business processes of more than one military department or 
        Defense Agency, the Deputy Chief Management Officer of the 
        Department of Defense.''.

    (b) Ongoing Programs.--
            (1) In general. <<NOTE: Deadline. Review. 10 USC 2222 
        note.>> --Not later than one year after the date of the 
        enactment of this Act, the appropriate chief management officer 
        for each defense business system modernization approved by the 
        Defense Business Systems Management Committee before the date of 
        the enactment of this Act that will have a total cost in excess 
        of $100,000,000 shall review such defense business system 
        modernization to determine whether or not appropriate business 
        process reengineering efforts have been undertaken to ensure 
        that--
                    (A) the business process to be supported by such 
                defense business system modernization will be as 
                streamlined and efficient as practicable; and

[[Page 123 STAT. 2472]]

                    (B) the need to tailor commercial-off-the-shelf 
                systems to meet unique requirements or incorporate 
                unique interfaces has been eliminated or reduced to the 
                maximum extent practicable.
            (2) Action on finding of lack of reengineering efforts.--If 
        the appropriate chief management officer determines that 
        appropriate business process reengineering efforts have not been 
        undertaken with regard to a defense business system 
        modernization as described in paragraph (1), that chief 
        management officer--
                    (A) <<NOTE: Plan.>> shall develop a plan to 
                undertake business process reengineering efforts with 
                respect to the defense business system modernization; 
                and
                    (B) may direct that the defense business system 
                modernization be restructured or terminated, if 
                necessary to meet the requirements of paragraph (1).
            (3) Definitions.--In this subsection:
                    (A) The term ``appropriate chief management 
                officer'', with respect to a defense business system 
                modernization, has the meaning given that term in 
                paragraph (2) of subsection (f) of section 2222 of title 
                10, United States Code (as amended by subsection (a)(2) 
                of this section).
                    (B) The term ``defense business system 
                modernization'' has the meaning given that term in 
                subsection (j)(3) of section 2222 of title 10, United 
                States Code.
SEC. 1073. TECHNICAL AND CLERICAL AMENDMENTS.

    (a) Title 10, United States Code.--Title 10, United States Code, is 
amended as follows:
            (1) The table of chapters at the beginning of subtitle A is 
        amended--
                    (A) in the item relating to chapter 81, by striking 
                ``1581'' and inserting ``1580''; and
                    (B) in the item relating to chapter 152, by striking 
                ``2541'' and inserting ``2551''.
            (2) Section 118(g) is amended by striking ``the date of the 
        enactment of the National Defense Authorization Act for Fiscal 
        Year 2008'' in paragraphs (1) and (2) and inserting ``January 
        28, 2008,''.
            (3) Section 184(b)(3) is amended by striking ``the date of 
        the enactment of this section'' and inserting ``October 17, 
        2006''.
            (4) Section 438 at the end of subchapter I of chapter 21 is 
        redesignated as section 428.
            (5) The item relating to section 438 in the table of 
        sections at the beginning of subchapter I of chapter 21 is 
        redesignated as section 428.
            (6) Section 490(b)(1) is amended by striking ``180 days 
        after date of the enactment of this section, and every even-
        numbered year thereafter'' and inserting ``July 28 of every 
        even-numbered year''.
            (7) The table of chapters at the beginning of part II of 
        subtitle A is amended by striking ``1581'' in the item relating 
        to chapter 81 and inserting ``1580''.
            (8) Section 992(b)(4) is amended by striking the period 
        after ``under this section''.
            (9) Section 1074f(f)(3) is amended by striking 
        ``continency'' and inserting ``contingency''.

[[Page 123 STAT. 2473]]

            (10) Section 1074g(f) is amended by striking ``on or after 
        the date of the enactment of the National Defense Authorization 
        Act for Fiscal Year 2008'' and inserting ``after January 28, 
        2008''.
            (11) The section heading for section 1076d is amended by 
        striking ``standard'' and inserting ``Standard''.
            (12) Section 1079(f)(2)(B) is amended by striking the period 
        after ``year''.
            (13) Section 1142(b) is amended--
                    (A) in paragraph (4)(C), by striking ``the Troops-
                to-Teachers Program Act of 1999 (20 U.S.C. 9301 et 
                seq.)'' and inserting ``the Troops-to-Teachers Program 
                under section 2302 of the Elementary and Secondary 
                Education Act of 1965 (20 U.S.C. 6672)''; and
                    (B) in paragraph (15), by striking ``federal'' both 
                places it appears and inserting ``Federal''.
            (14) Section 1175a(h)(1) is amended by striking 
        ``qualities'' and inserting ``qualifies''.
            (15) Section 1408(h)(2) is amended by striking ``and'' at 
        the end of subparagraph (A).
            (16) The heading of section 1567 is amended to read as 
        follows:
``Sec. 1567. Duration of military protective orders''.
            (17) The heading of section 1567a is amended to read as 
        follows:
``Sec. 1567a. Mandatory notification of issuance of military 
                    protective order to civilian law 
                    enforcement''.
            (18) Section 2004a is amended--
                    (A) in subsection (b)(1), by striking ``pay grade 0-
                3'' and inserting ``pay grade O-3''; and
                    (B) in subsection (i), by adding a period at the 
                end.
            (19) Section 2127(e) is amended by striking ``of'' after 
        ``an annual grant''.
            (20) Section 2200a(e)(1) is amended by striking ``section 
        (b)'' and inserting ``subsection (b)''.
            (21) The table of chapters at the beginning of part IV of 
        subtitle A is amended by striking ``2541'' in the item relating 
        to chapter 152 and inserting ``2551''.
            (22) Section 2306c(h) is amended by striking ``section 
        2801(c)(2)'' and inserting ``section 2801(c)(4)''.
            (23) Section 2333 is amended--
                    (A) in subsection (d)(1)(D)(ii), by striking 
                ``indefinite delivery indefinite quantity'' and 
                inserting ``indefinite delivery-indefinite quantity'';
                    (B) in subsection (d)(2), by striking ``this Act'' 
                and inserting ``the John Warner National Defense 
                Authorization Act for Fiscal Year 2007 (Public Law 109-
                364; 120 Stat. 2388)''; and
                    (C) in subsection (f)(3), by striking ``section 
                101(13)'' and inserting ``section 101(a)(13)''.
            (24) Section 2401(f)(2) is amended by striking ``the date of 
        the enactment of the National Defense Authorization Act for 
        Fiscal Year 2006'' and inserting ``January 6, 2006''.

[[Page 123 STAT. 2474]]

            (25) Section 2461(c)(3)(A) is amended by striking ``public 
        private competition'' both places it appears in the first 
        sentence and inserting ``public-private competition''.
            (26) Section 2667(g)(1) is amended by striking ``law,'' and 
        all that follows through ``may'' and inserting ``law, the 
        Secretary concerned may''.
            (27) Section 2684a(g)(2) is amended by striking ``the 
        following the following'' and inserting ``the following''.
            (28) Section 2701(d)(5) is amended by striking ``6920)'' and 
        inserting ``9620)''.
            (29) Sections 4348(f), 6959(f), and 9348(f) are amended by 
        striking ``section (a)'' and inserting ``subsection (a)''.
            (30) The item relating to section 7317 in the table of 
        sections at the beginning of chapter 633 is amended by inserting 
        a period after ``thereof''.
            (31) Section 7306b(b)(1) is amended by striking 
        ``1802(14))'' and inserting ``1802(14)))''.
            (32) The item relating to section 9515 in the table of 
        sections at the beginning of chapter 941 is transferred to 
        appear after the item relating to section 9514 in the table of 
        sections at the beginning of chapter 931.
            (33) The item relating to chapter 1409 in the table of 
        chapters at the beginning of subtitle E is amended by striking 
        ``Reserve-Active Status List'' and inserting ``Reserve Active-
        Status List''.
            (34) Section 12310(c)(1)(A) is amended by striking ``section 
        12304(i)(2) of this title'' and inserting ``section 1403 of the 
        Defense Against Weapons of Mass Destruction Act of 1996 (50 
        U.S.C. 2302(1))''.
            (35) Section 12731(f)(2)(A) is amended by striking ``the 
        date of the enactment of the National Defense Authorization Act 
        for Fiscal Year 2008'' and inserting ``January 28, 2008''.
            (36) Section 16163(e)(1) is amended by striking ``programs'' 
        and inserting ``program''.

    (b) Title 37, United States Code.--Section 308(a)(2)(A)(ii) of title 
37, United States Code, is amended by striking the comma before the 
period at the end.
    (c) Duncan Hunter National Defense Authorization Act for Fiscal Year 
2009. <<NOTE: Effective date.>> --Effective as of October 14, 2008, and 
as if included therein as enacted, the Duncan Hunter National Defense 
Authorization Act for Fiscal Year 2009 (Public Law 110-417) <<NOTE: 6 
USC 121 note.>>  is amended as follows:
            (1) Section 314(a) (122 Stat. 4410; 10 U.S.C. 2710 note) is 
        amended by striking ``Secretary'' and inserting ``Secretary of 
        Defense''.
            (2) Section 523(1) (122 Stat. 4446) <<NOTE: 10 USC 662.>>  
        is amended by striking ``serving or'' and inserting ``serving in 
        or''.
            (3) Section 616 (122 Stat. 4486) <<NOTE: 10 USC 2130a, 
        16201.>>  is amended by striking ``of title'' in subsections (b) 
        and (c) and inserting ``of such title''.
            (4) Section 811(c)(6)(A)(iv)(I) (122 Stat. 4524) <<NOTE: 10 
        USC 2433.>>  is amended by striking ``after of `the program' '' 
        and inserting ``after `of the program' ''.
            (5) Section 813(d)(3) (122 Stat. 4527) <<NOTE: 10 USC 2302 
        note.>>  is amended by striking ``each of subsections (c)(2)(A) 
        and (d)(2)'' and inserting ``subsection (c)(2)(A)''.
            (6) Section 834(a)(2) (122 Stat. 4537) is amended by 
        inserting ``subchapter II of'' before ``chapter 87''.

[[Page 123 STAT. 2475]]

            (7) <<NOTE: Repeal. 18 USC 3287.>>  Section 855 (122 Stat. 
        4545) is repealed.
            (8) Section 921(1) (122 Stat. 4573) <<NOTE: 50 USC 1521 
        note.>>  is amended by striking ``subsections (f) and (g) as 
        subsections (g) and (h)'' and inserting ``subsections (f), (g), 
        and (h) as subsections (g), (h), and (i)''.
            (9) Section 931(b)(5) (122 Stat. 4575) <<NOTE: 6 USC 121.>>  
        is amended--
                    (A) by striking ``Section 201(e)(2)'' and inserting 
                ``Section 201(f)(2)(E)''; and
                    (B) by striking ``(6 U.S.C. 121(e)(2))'' and 
                inserting ``(6 U.S.C. 121(f)(2)(E))''.
            (10) <<NOTE: Repeal. 10 USC 193, 201, 425, 431, 441, 443, 
        444, 2273, 2723.>>  Section 932 (122 Stat. 4576) is repealed.
            (11) Section 1059 (122 Stat. 4611) <<NOTE: 10 USC 113 
        note.>>  is amended by striking ``Act of'' and inserting ``Act 
        for''.
            (12) Section 1061(b)(3) (122 Stat. 4613) <<NOTE: 10 USC 
        1074g note.>>  is amended by striking ``103'' and inserting 
        ``188''.
            (13) Section 2104(b) (122 Stat. 4664) is amended in the 
        matter preceding paragraph (1) by striking ``section 2401'' and 
        inserting ``section 2101''.
            (14) Section 3508(b) (122 Stat. 4769) <<NOTE: 46 USC 53101, 
        54101.>>  is amended to read as follows:

    ``(b) Conforming Amendment.--The chapter 541 of title 46, United 
States Code, as inserted and amended by the amendments made by 
subparagraphs (A) through (D) of section 3523(a)(6) of the National 
Defense Authorization Act for Fiscal Year 2008 (Public Law 110-181; 122 
Stat. 599), <<NOTE: Repeal.>>  is repealed.''.
            (15) Section 3511(d) (122 Stat. 4770) <<NOTE: 46 USC 
        55314.>>  is amended by inserting before the period the 
        following: ``, and by striking `calendar' and inserting `fiscal' 
        in the heading for paragraph (2)''.

    (d) National Defense Authorization Act for Fiscal Year 2008.--
Section 1107(e)(1) of the National Defense Authorization Act for Fiscal 
Year 2008 (Public 110-181; 10 U.S.C. 2358 note) is amended by striking 
``Not later than'' and all that follows through ``subsection is 
submitted,'' and inserting ``Not later than November 29, 2008, and not 
later than March 1 of each year thereafter,''.
SEC. 1074. EXTENSION OF SUNSET FOR CONGRESSIONAL COMMISSION ON THE 
                          STRATEGIC POSTURE OF THE UNITED STATES.

    Section 1062(g) of the National Defense Authorization Act for Fiscal 
Year 2008 (Public Law 110-181; 122 Stat. 319) is amended by striking 
``September 30, 2009'' and inserting ``December 31, 2009''.
SEC. 1075. COMBAT AIR FORCES RESTRUCTURING.

    (a) Limitations Relating to Legacy Aircraft. <<NOTE: Deadline. Time 
period. Reports. Applicability.>> --Until the expiration of the 30-day 
period beginning on the date the Secretary of the Air Force submits a 
report in accordance with subsection (b), the following provisions 
apply:
            (1) Prohibition on retirement of aircraft.--The Secretary of 
        the Air Force may not retire any fighter aircraft pursuant to 
        the Combat Air Forces restructuring plan announced by the 
        Secretary on May 18, 2009.
            (2) Prohibition on personnel reassignments.--The Secretary 
        of the Air Force may not reassign any Air Force personnel 
        (whether on active duty or a member of a reserve component, 
        including the National Guard) associated with such restructuring 
        plan.

[[Page 123 STAT. 2476]]

    (b) Report.--The report under subsection (a) shall be submitted to 
the Committees on Armed Services of the House of Representatives and the 
Senate and shall include the following information:
            (1) A detailed plan of how the force structure and 
        capability gaps resulting from the retirement actions will be 
        addressed.
            (2) An explanation of the assessment conducted of the 
        current threat environment and current capabilities.
            (3) A description of the follow-on mission assignments for 
        each affected base.
            (4) An explanation of the criteria used for selecting the 
        affected bases and the particular fighters chosen for 
        retirement.
            (5) A description of the environmental analyses being 
        conducted.
            (6) An identification of the reassignment and manpower 
        authorizations necessary for the Air Force personnel (both 
        active duty and reserve component) affected by the retirements 
        if such retirements are accomplished.
            (7) A description of the funding needed in fiscal years 2010 
        through 2015 to cover operation and maintenance costs, 
        personnel, and aircraft procurement, if the restructuring plan 
        is not carried out.
            (8) An estimate of the cost avoidance should the 
        restructuring plan more forward and a description of how such 
        funds would be invested during the future-years defense plan to 
        ensure the remaining fighter force achieves the desired service 
        life and is sufficiently modernized to outpace the threat.

    (c) Exception for Certain Aircraft.--The prohibition in subsection 
(a)(1) shall not apply to the five fighter aircraft scheduled for 
retirement in fiscal year 2010, as announced when the budget for fiscal 
year 2009 was submitted to Congress.
SEC. 1076. SENSE OF CONGRESS REGARDING CARRIER AIR WING FORCE 
                          STRUCTURE.

    (a) Findings.--Congress makes the following findings:
            (1) Section 5062(b) of title 10, United States Code, 
        requires the Department of the Navy to maintain not less than 11 
        operational aircraft carriers.
            (2) In repeated testimony before Congress, the Navy has 
        pledged its long-term commitment to naval combat forces that 
        include 11 operational aircraft carriers and 10 carrier air 
        wings, composed of 44 strike-fighter aircraft per wing.

    (b) Sense of Congress.--It is the sense of Congress that--
            (1) in addition to the forces described in section 5062(b) 
        of title 10, United States Code, the Navy should meet its 
        current requirement for 10 carrier air wings (even if the number 
        of aircraft carriers is temporarily reduced) that are comprised 
        of not less than 44 strike-fighter aircraft, in addition to any 
        other aircraft associated with the air wing; and
            (2) the Congress and the Secretary of the Navy should take 
        all appropriate actions necessary to achieve the current 
        requirement for such carrier air wings until such time that 
        modifications to the carrier air wing force structure are 
        warranted and the Secretary of the Navy provides Congress with a 
        justification of any proposed modifications, supported by 
        rigorous and sufficient warfighting analysis.

[[Page 123 STAT. 2477]]

SEC. 1077. DEPARTMENT OF VETERANS AFFAIRS USE OF SERVICE DOGS FOR 
                          THE TREATMENT OR REHABILITATION OF 
                          VETERANS WITH PHYSICAL OR MENTAL 
                          INJURIES OR DISABILITIES.

    (a) Program Required. <<NOTE: Deadline. Study.>> --Not later than 
270 days after the date of the enactment of this Act, the Secretary of 
Veterans Affairs shall commence a three-year study to assess the 
benefits, feasibility, and advisability of using service dogs for the 
treatment or rehabilitation of veterans with physical or mental injuries 
or disabilities, including post-traumatic stress disorder.

    (b) Partnerships.--
            (1) In general.--The Secretary shall carry out the study by 
        partnering with nonprofit 501(c)(3) organizations that--
                    (A) would not charge veterans who participate in the 
                study fees for the dogs, services, or lodging that they 
                provide; and
                    (B) are accredited by, or adhere to standards 
                comparable to those of, an accrediting organization with 
                demonstrated experience, national scope, and recognized 
                leadership and expertise in the training of service dogs 
                and education in the use of service dogs.
            (2) Reimbursement of costs.--The Secretary shall reimburse 
        partners $10,000 for each dog provided to a veteran who enrolls 
        in the study and successfully completes a training program 
        offered by one of the partners.

    (c) Participation.--
            (1) In general.--As part of the study, the Secretary shall, 
        subject to paragraph (2), arrange for the provision of a service 
        dog to the greater of the following:
                    (A) 200 veterans.
                    (B) A sufficient number of such veterans to produce 
                scientifically valid results with respect to assessing 
                the benefits and costs of the use of such dogs for the 
                treatment or rehabilitation of such veterans.
            (2) Number of veterans.--The Department of Veterans Affairs 
        may provide dogs to fewer than 200 veterans if, despite its 
        sustained and repeated efforts, it is unable to recruit 200 
        veterans to participate in the study referred to in subsection 
        (d).
            (3) Eligible veterans.--A veteran is eligible to enroll and 
        participate in the study on an ongoing basis if:
                    (A) The veteran has physical disabilities (other 
                than blindness or hearing impairment) or mental injuries 
                or disabilities.
                    (B) A Department of Veterans Affairs provider 
                determines, based on clinical evaluation of efficacy, 
                that the veteran is an appropriate candidate for the 
                study and may potentially benefit from a service dog.
                    (C) The veteran agrees to successfully complete a 
                training program arranged by the Department of Veterans 
                Affairs and offered by a nonprofit 501(c)(3) 
                organization that is accredited by, or adheres to 
                standards comparable to those of, an accrediting 
                organization with demonstrated experience, national 
                scope, and recognized leadership and expertise in the 
                training of service dogs and education in the use of 
                service dogs.

[[Page 123 STAT. 2478]]

            (4) Composition.--The Secretary shall ensure that at least 
        half of the participants in the study are veterans who suffer 
        primarily from a mental health injury or disability.
            (5) Authorized benefits.--The Department of Veterans Affairs 
        will provide to a veteran participating in this study:
                    (A) Veterinary treatment to maintain the health of 
                the dog and keep it functioning in its prescribed role.
                    (B) Hardware required by the dog to perform its 
                tasks, and repairs to such hardware.
                    (C) Payments and allowances for travel incurred in 
                becoming adjusted to the service dogs, to be paid in the 
                same manner that payments and allowances are authorized 
                under section 111 of title 38, United States Code, and 
                its implementing regulations.
            (6) Additional benefit for associated expenses.--As an 
        incentive for participation in the study, veterans participating 
        in the study will receive from the Department of Veterans 
        Affairs a monthly payment of $75 to offset costs associated with 
        the dog in addition to those identified in paragraph (5), such 
        as services not prescribed or performed by a veterinarian, 
        including but not limited to, license tags (if required), food, 
        grooming, nail trimming, boarding, and over-the-counter 
        medications.
            (7) Option for ownership of, and responsibility for, the dog 
        after the completion of the study.--At the end of the study the 
        veteran will have the option of ownership of the dog. If the 
        veteran does not wish to retain the dog, the 501(c)(3) 
        organization that provided the dog will be responsible for 
        caring for or appropriately placing the dog. In any case after 
        completion of the study, or if and when the veteran chooses to 
        not participate in the study until completion, further 
        responsibility by the Department of Veterans Affairs for any 
        benefits in this provision will cease. Further, the Department 
        of Veterans Affairs' liability related to the dog will cease.

    (d) Study.--The Secretary shall conduct a scientifically valid 
research study of the costs and benefits associated with the use of 
service dogs for the treatment or rehabilitation of veterans with 
physical or mental injuries or disabilities. The matters studied shall 
include the following:
            (1) The therapeutic benefits to such veterans, including the 
        quality of life benefits reported by the veterans partaking in 
        the study.
            (2) The economic benefits of using service dogs for the 
        treatment or rehabilitation of such veterans, including--
                    (A) savings on health care costs, including savings 
                related to reductions in hospitalization and reductions 
                in the use of prescription drugs; and
                    (B) productivity and employment gains for the 
                veterans.

    (e) Reports.--
            (1) Annual report of the secretary.--After each year of the 
        study, the Secretary shall submit to Congress a report on the 
        findings of the Secretary with respect to the study.
            (2) Final report by the national academy of sciences.--Not 
        later than 180 days after the date of the completion of the 
        study, the National Academy of Sciences shall submit to Congress 
        a report on the results of the study.

[[Page 123 STAT. 2479]]

    (f) Funding.--The study under this section is subject to the 
availability of appropriations provided to the Department of Veterans 
Affairs for such purpose.
SEC. 1078. PLAN FOR SUSTAINMENT OF LAND-BASED SOLID ROCKET MOTOR 
                          INDUSTRIAL BASE.

    (a) In General. <<NOTE: Review.>> --The Secretary of Defense shall 
review and establish a plan to sustain the solid rocket motor industrial 
base, including the ability to maintain and sustain currently deployed 
strategic and missile defense systems and to maintain an intellectual 
and engineering capacity to support next generation rocket motors, as 
needed.

    (b) Submission of Plan.--Not later than June 1, 2010, the Secretary 
of Defense shall submit to the congressional defense committees the plan 
required under subsection (a).
SEC. 1079. JUSTICE FOR VICTIMS OF TORTURE AND TERRORISM.

    It is the sense of Congress that the claims of American victims of 
torture and hostage taking by the Government of Iraq during the regime 
of Saddam Hussein that are subject to Presidential Determination Number 
2008-9 of January 28, 2008, which waived application of section 1083 of 
the National Defense Authorization Act for Fiscal Year 2008, should be 
resolved by a prompt and fair settlement negotiated between the 
Government of Iraq and the Government of the United States, taking note 
of the provisions of H.R. 5167 of the 110th Congress, which was adopted 
by the United States House of Representatives.
SEC. 1080. <<NOTE: 10 USC 801 note.>>  REQUIREMENT FOR VIDEOTAPING 
                          OR OTHERWISE ELECTRONICALLY RECORDING 
                          STRATEGIC INTELLIGENCE INTERROGATIONS OF 
                          PERSONS IN THE CUSTODY OF OR UNDER THE 
                          EFFECTIVE CONTROL OF THE DEPARTMENT OF 
                          DEFENSE.

    (a) Videotaping or Other Electronic Recording Required.--In 
accordance with the Army Field Manual on Human Intelligence Collector 
Operations (FM 2-22.3, September 2006), or any successor thereto, and 
the guidelines developed pursuant to subsection (f), the Secretary of 
Defense shall ensure that each strategic intelligence interrogation of 
any person who is in the custody or under the effective control of the 
Department of Defense or under detention in a Department of Defense 
facility is videotaped or otherwise electronically recorded.
    (b) Classification of Information.--To protect United States 
national security, the safety of the individuals conducting or assisting 
in the conduct of a strategic intelligence interrogation, and the 
privacy of persons described in subsection (a), the Secretary of Defense 
shall provide for the appropriate classification of videotapes or other 
electronic recordings made pursuant to subsection (a). The use of such 
classified videotapes or other electronic recordings in proceedings 
conducted under the Detainee Treatment Act of 2005 (title 14 of Public 
Law 109-163 and title 10 of Public Law 109-148), the Military 
Commissions Act of 2006 (10 U.S.C. 948 et seq.; Public Law 109-366), as 
amended by section 1802 of this Act, or at any other judicial or 
administrative forum under any other provision of law shall be governed 
by applicable rules, regulations, and laws that protect classified 
information.

[[Page 123 STAT. 2480]]

    (c) Strategic Intelligence Interrogation Defined.--For purposes of 
this section, the term ``strategic intelligence interrogation'' means an 
interrogation of a person described in subsection (a) conducted at a 
theater-level detention facility.
    (d) Exclusion.--Nothing in this section shall be construed as 
requiring--
            (1) any member of the Armed Forces engaged in direct combat 
        operations to videotape or otherwise electronically record an 
        interrogation of a person described in subsection (a); or
            (2) the videotaping of or otherwise electronically recording 
        of tactical questioning, as such term is defined in the Army 
        Field Manual on Human Intelligence Collector Operations (FM 2-
        22.3, September 2006), or any successor thereto.

    (e) Waiver.--
            (1) Waivers authorized.--The Secretary of Defense may, as an 
        exceptional measure, as part of a specific interrogation plan 
        for a specific person described in subsection (a), waive the 
        requirement in that subsection on a case-by-case basis for a 
        period not to exceed 30 days, if the Secretary--
                    (A) <<NOTE: Determination.>>  makes a determination 
                in writing that such a waiver is necessary to the 
                national security interests of the United States; and
                    (B) <<NOTE: Deadline. Notice.>>  by not later than 
                five days after the date on which such a determination 
                is made, submits to the Committees on Armed Services of 
                the Senate and House of Representatives, the House 
                Permanent Select Committee on Intelligence, and the 
                Senate Select Committee on Intelligence notice of that 
                determination, including a justification for that 
                determination.
            (2) Suspensions authorized.--The Secretary may temporarily 
        suspend the requirement under subsection (a) at a specific 
        theater-level detention facility for a period not to exceed 30 
        days, if the Secretary--
                    (A) <<NOTE: Determination.>>  makes a determination 
                in writing that such a suspension is vital to the 
                national security interests of the United States; and
                    (B) <<NOTE: Deadline. Notice.>>  by not later than 
                five days after the date on which such a determination 
                is made, submits to the Committees on Armed Services of 
                the Senate and House of Representatives, the House 
                Permanent Select Committee on Intelligence, and the 
                Senate Select Committee on Intelligence notice of that 
                determination, including a justification for that 
                determination.
            (3) Limitation on delegation of authority.--This authority 
        of the Secretary under this subsection may only be delegated as 
        follows:
                    (A) In the case of the authority under paragraph 
                (1), such authority may not be delegated below the level 
                of the combatant commander of the theater in which the 
                detention facility holding the person is located.
                    (B) In the case of the authority under paragraph 
                (2), such authority may not be delegated below the level 
                of the Deputy Secretary of Defense.
            (4) Extensions.--The Secretary may extend a waiver under 
        paragraph (1) for one additional 30-day period, or a

[[Page 123 STAT. 2481]]

        suspension under paragraph (2) for one additional 30-day period, 
        if--
                    (A) <<NOTE: Determination.>>  the Secretary--
                          (i) in the case of such a waiver, makes a 
                      determination in writing that such an extension is 
                      necessary to the national security interests of 
                      the United State; or
                          (ii) in the case of such a suspension, makes a 
                      determination in writing that such an extension is 
                      vital to the national security interests of the 
                      United States; and
                    (B) <<NOTE: Deadline.>>  by not later than five days 
                after the date on which such a determination is made, 
                the Secretary submits to the Committees on Armed 
                Services of the Senate and House of Representatives, the 
                House Permanent Select Committee on Intelligence, and 
                the Senate Select Committee on Intelligence notice of 
                that determination, including a justification for that 
                determination.

    (f) Guidelines.--
            (1) Development of guidelines.--The Secretary of Defense, 
        acting through the Judge Advocates General (as defined in 
        section 801(1) of title 10, United States Code, (Article 1 of 
        the Uniform Code of Military Justice)), shall develop and adopt 
        uniform guidelines for videotaping or otherwise electronically 
        recording strategic intelligence interrogations as required 
        under subsection (a). Such guidelines shall, at a minimum--
                    (A) promote full compliance with the laws of the 
                United States;
                    (B) promote the exploitation of intelligence;
                    (C) address the retention, maintenance, and 
                disposition of videotapes or other electronic 
                recordings, consistent with subparagraphs (A) and (B) 
                and with the interests of justice; and
                    (D) ensure the safety of all participants in the 
                interrogations.
            (2) <<NOTE: Deadline. Reports.>>  Submittal to congress.--
        Not later than 30 days after the date of the enactment of this 
        section, the Secretary of Defense shall submit to the Committees 
        on Armed Services of the Senate and House of Representatives a 
        report containing the guidelines developed under paragraph (1). 
        Such report shall be in an unclassified form but may include a 
        classified annex.
SEC. 1081. MODIFICATION OF PILOT PROGRAM ON COMMERCIAL FEE-FOR-
                          SERVICE AIR REFUELING SUPPORT FOR THE 
                          AIR FORCE.

     Section 1081(a) of the National Defense Authorization Act for 
Fiscal Year 2008 (Public Law 110-181; 122 Stat. 335; 10 U.S.C. 2461 
note) is amended by inserting before the period at the end of the first 
sentence the following: ``, unless the Secretary of Defense submits 
notification to the congressional defense committees that pursuing such 
a program is not in the national interest''.
SEC. 1082. <<NOTE: 10 USC 2461 note.>>  MULTIYEAR CONTRACTS UNDER 
                          PILOT PROGRAM ON COMMERCIAL FEE-FOR-
                          SERVICE AIR REFUELING SUPPORT FOR THE 
                          AIR FORCE.

    (a) Multiyear Contracts Authorized.--The Secretary of the Air Force 
may enter into one or more multiyear contracts, beginning with the 
fiscal year 2011 program year, for purposes of conducting

[[Page 123 STAT. 2482]]

the pilot program on utilizing commercial fee-for-service air refueling 
tanker aircraft for Air Force operations required by section 1081 of the 
National Defense Authorization Act for Fiscal Year 2008 (Public Law 110-
181; 122 Stat. 335).
    (b) Compliance With Law Applicable to Multiyear Contracts.--Any 
contract entered into under subsection (a) shall be entered into in 
accordance with the provisions of section 2306c of title 10, United 
States Code, except that--
            (1) the term of the contract may not be more than 8 years; 
        and
            (2) notwithstanding section 2306c(b) of such title, the 
        authority under section 2306c(a) of such title shall apply to 
        the fee-for-service air refueling pilot program.

    (c) Compliance With Law Applicable to Service Contracts.--A contract 
entered into under subsection (a) shall be entered into in accordance 
with the provisions of section 2401 of title 10, United States Code, 
except that--
            (1) the Secretary shall not be required to certify to the 
        congressional defense committees that the contract is the most 
        cost-effective means of obtaining commercial fee-for-service air 
        refueling tanker aircraft for Air Force operations; and
            (2) the Secretary shall not be required to certify to the 
        congressional defense committees that there is no alternative 
        for meeting urgent operational requirements other than making 
        the contract.

    (d) Limitation on Amount.--The amount of a contract under subsection 
(a) may not exceed $999,999,999.
    (e) Provision of Government Insurance.--A commercial air operator 
contracting with the Department of Defense under the pilot program 
referred to in subsection (a) shall be eligible to receive Government-
provided insurance pursuant to chapter 443 of title 49, United States 
Code, if commercial insurance is unavailable on reasonable terms and 
conditions.
SEC. 1083. DISCLOSURE OF NAMES OF STUDENTS AND INSTRUCTORS AT 
                          WESTERN HEMISPHERE INSTITUTE FOR 
                          SECURITY COOPERATION.

    (a) Disclosure.--
            (1) In general. <<NOTE: Public information.>> --The 
        Secretary of Defense shall release to the public, upon request, 
        the information described in paragraph (2) for each of fiscal 
        years 2009 and 2010.
            (2) Content.--The information to be released under paragraph 
        (1) shall include, with respect to the fiscal year covered, the 
        entire name, including the first, middle, and surnames, with 
        respect to each student and instructor at the Western Hemisphere 
        Institute for Security Cooperation.

    (b) Waiver.--The Secretary of Defense may waive the requirement 
under subsection (a) if the Secretary determines it to be in the 
national interest.
SEC. 1084. SENSE OF CONGRESS REGARDING THE WESTERN HEMISPHERE 
                          INSTITUTE FOR SECURITY COOPERATION.

    It is the sense of Congress that--
            (1) the Western Hemisphere Institute for Security 
        Cooperation--

[[Page 123 STAT. 2483]]

                    (A) offers quality professional military bilingual 
                instruction for military officers and noncommissioned 
                officers that promotes democracy, subordination to 
                civilian authority, and respect for human rights; and
                    (B) is uniquely positioned to support the 
                modernization of Latin America security forces as they 
                work to transcend their own controversial pasts;
            (2) the Western Hemisphere Institute for Security 
        Cooperation is building partner capacity which enhances regional 
        and global security while encouraging respect for human rights 
        and promoting democratic principles among eligible military 
        personnel, law enforcement officials, and civilians of nations 
        of the Western Hemisphere;
            (3) the Western Hemisphere Institute for Security 
        Cooperation is an invaluable education and training facility the 
        curriculum of which is not duplicated in any of the military 
        departments and is not replaceable by professional military 
        education funded by appropriations for International Military 
        Education and Training, for which education is not conducted in 
        Spanish and does not concentrate on regional challenges; and
            (4) the Western Hemisphere Institute for Security 
        Cooperation is an essential tool to educate future generations 
        of Latin American leaders and improve United States 
        relationships with partner nations that are working with the 
        United States to promote democracy, prosperity, and stability in 
        the Western Hemisphere.

                  TITLE XI--CIVILIAN PERSONNEL MATTERS

                          Subtitle A--Personnel

Sec. 1101. Authority to employ individuals completing the National 
           Security Education Program.
Sec. 1102. Authority for employment by Department of Defense of 
           individuals who have successfully completed the requirements 
           of the science, mathematics, and research for transformation 
           (SMART) defense scholarship program.
Sec. 1103. Authority for the employment of individuals who have 
           successfully completed the Department of Defense information 
           assurance scholarship program.
Sec. 1104. Extension and modification of experimental personnel 
           management program for scientific and technical personnel.
Sec. 1105. Modification to Department of Defense laboratory personnel 
           authority.
Sec. 1106. One-year extension of authority to waive annual limitation on 
           premium pay and aggregate limitation on pay for Federal 
           civilian employees working overseas.
Sec. 1107. Extension of certain benefits to Federal civilian employees 
           on official duty in Pakistan.
Sec. 1108. Requirement for Department of Defense strategic workforce 
           plans.
Sec. 1109. Adjustments to limitations on personnel and requirement for 
           annual manpower reporting.
Sec. 1110. Pilot program for the temporary exchange of information 
           technology personnel.
Sec. 1111. Availability of funds for compensation of certain civilian 
           employees of the Department of Defense.
Sec. 1112. Department of defense civilian leadership program.
Sec. 1113. Provisions relating to the National Security Personnel 
           System.
Sec. 1114. Provisions relating to the Defense Civilian Intelligence 
           Personnel System.

      Subtitle B--Provisions Relating to Reemployment of Annuitants

Sec. 1121. Authority to expand scope of provisions relating to unreduced 
           compensation for certain reemployed annuitants.

[[Page 123 STAT. 2484]]

Sec. 1122. Part-time reemployment.
Sec. 1123. Government Accountability Office report.

                          Subtitle A--Personnel

SEC. 1101. AUTHORITY TO EMPLOY INDIVIDUALS COMPLETING THE NATIONAL 
                          SECURITY EDUCATION PROGRAM.

    Section 802 of the David L. Boren National Security Education Act of 
1991 (50 U.S.C. 1902) is amended by adding at the end the following new 
subsection:
    ``(k) Employment of Program Participants.--The Secretary of Defense, 
the Secretary of Homeland Security, the Secretary of State, or the head 
of a Federal agency or office identified by the Secretary of Defense 
under subsection (g) as having national security responsibilities--
            ``(1) may, without regard to any provision of title 5 
        governing appointments in the competitive service, appoint to a 
        position that is identified under subsection (b)(2)(A)(i) as 
        having national security responsibilities, or to a position in 
        such Federal agency or office, in the excepted service an 
        individual who has successfully completed an academic program 
        for which a scholarship or fellowship under this section was 
        awarded and who, under the terms of the agreement for such 
        scholarship or fellowship, at the time of such appointment owes 
        a service commitment to such Department or such Federal agency 
        or office; and
            ``(2) may, upon satisfactory completion of two years of 
        substantially continuous service by an incumbent who was 
        appointed to an excepted service position under the authority of 
        paragraph (1), convert the appointment of such individual, 
        without competition, to a career or career conditional 
        appointment.''.
SEC. 1102. AUTHORITY FOR EMPLOYMENT BY DEPARTMENT OF DEFENSE OF 
                          INDIVIDUALS WHO HAVE SUCCESSFULLY 
                          COMPLETED THE REQUIREMENTS OF THE 
                          SCIENCE, MATHEMATICS, AND RESEARCH FOR 
                          TRANSFORMATION (SMART) DEFENSE 
                          SCHOLARSHIP PROGRAM.

    (a) Authority for Employment.--Subsection (d) of section 2192a of 
title 10, United States Code, is amended to read as follows:
    ``(d) Employment of Program Participants.--The Secretary of 
Defense--
            ``(1) may, without regard to any provision of title 5 
        governing appointment of employees to competitive service 
        positions within the Department of Defense, appoint to a 
        position in the Department of Defense in the excepted service an 
        individual who has successfully completed an academic program 
        for which a scholarship or fellowship under this section was 
        awarded and who, under the terms of the agreement for such 
        scholarship or fellowship, at the time of such appointment, owes 
        a service commitment to the Department; and
            ``(2) may, upon satisfactory completion of 2 years of 
        substantially continuous service by an incumbent who was 
        appointed to an excepted service position under the authority of 
        paragraph (1), convert the appointment of such individual, 
        without competition, to a career or career conditional 
        appointment.''.

[[Page 123 STAT. 2485]]

    (b) Conforming Amendment.--Subsection (c)(2) of such section is 
amended by striking ``Except as provided in subsection (d), the'' in the 
second sentence and inserting ``The''.
    (c) Technical Amendments.--Subsection (f) of such section is 
amended--
            (1) by striking the first sentence; and
            (2) by striking ``the authorities provided in such chapter'' 
        and inserting ``the other authorities provided in this 
        chapter''.

    (d) Repeal of Obsolete Provisions.--(1) Such section is further 
amended by striking subsection (g) and by redesignating subsection (h) 
as subsection (g).
    (2) Subparagraph (B) of section 3304(a)(3) of title 5, United States 
Code, is amended to read as follows:
                    ``(B) the Office of Personnel Management has 
                determined that there exists a severe shortage of 
                candidates or that there is a critical hiring need.''.
SEC. 1103. AUTHORITY FOR THE EMPLOYMENT OF INDIVIDUALS WHO HAVE 
                          SUCCESSFULLY COMPLETED THE DEPARTMENT OF 
                          DEFENSE INFORMATION ASSURANCE 
                          SCHOLARSHIP PROGRAM.

    (a) In General.--Section 2200a of title 10, United States Code, is 
amended by adding at the end the following new subsection:
    ``(g) Employment of Program Participants.--The Secretary of 
Defense--
            ``(1) may, without regard to any provision of title 5 
        governing appointments in the competitive service, appoint to an 
        information technology position in the Department of Defense in 
        the excepted service an individual who has successfully 
        completed an academic program for which a scholarship under this 
        section was awarded and who, under the terms of the agreement 
        for such scholarship, at the time of such appointment owes a 
        service commitment to the Department; and
            ``(2) may, upon satisfactory completion of two years of 
        substantially continuous service by an incumbent who was 
        appointed to an excepted service position under the authority of 
        paragraph (1), convert the appointment of such individual, 
        without competition, to a career or career conditional 
        appointment.''.

    (b) Technical Amendment.--Subsection (a) of such section is amended 
by striking ``subsection (g),'' and inserting ``subsection (f),''.
SEC. 1104. EXTENSION AND MODIFICATION OF EXPERIMENTAL PERSONNEL 
                          MANAGEMENT PROGRAM FOR SCIENTIFIC AND 
                          TECHNICAL PERSONNEL.

    (a) Three-Year Extension.--Subsection (e)(1) of section 1101 of the 
Strom Thurmond National Defense Authorization Act for Fiscal Year 1999 
(5 U.S.C. 3104 note) is amended by striking ``September 30, 2011'' and 
inserting ``September 30, 2014''.
    (b) Limitations on Additional Payments.--Such section is further 
amended--
            (1) in subsection (b)(3), by striking ``under subsection 
        (d)(1)'' and inserting ``under subsection (d)''; and
            (2) by striking subsection (d) and inserting the following:

    ``(d) Limitations on Additional Payments.--(1) Subject to paragraph 
(3), the total amount of additional payments paid to

[[Page 123 STAT. 2486]]

an employee under subsection (b)(3) for any 12-month period may not 
exceed the lesser of the following amounts:
            ``(A) $50,000 in fiscal year 2010, which may be adjusted 
        annually thereafter by the Secretary, with a percentage increase 
        equal to one-half of 1 percentage point less than the percentage 
        by which the Employment Cost Index, published quarterly by the 
        Bureau of Labor Statistics, for the base quarter of the year 
        before the preceding calendar year exceeds the Employment Cost 
        Index for the base quarter of the second year before the 
        preceding calendar year.
            ``(B) The amount equal to 50 percent of the employee's 
        annual rate of basic pay.

    ``(2) In paragraph (1), the term `base quarter' has the meaning 
given that term in section 5302(3) of title 5, United States Code.
    ``(3) Notwithstanding any other provision of this section or section 
5307 of title 5, United States Code, no additional payments may be paid 
to an employee under subsection (b)(3) in any calendar year if, or to 
the extent that, the employee's total annual compensation in such 
calendar year will exceed the maximum amount of total annual 
compensation payable at the salary set in accordance with section 104 of 
title 3, United States Code.
    ``(4) An employee appointed under the program is not eligible for 
any bonus, monetary award, or other monetary incentive for service under 
the appointment other than payments authorized by this section.''.
    (c) Reporting Requirements.--Paragraph (1) of subsection (g) of such 
section is amended to read as follows:
            ``(1)(A) Not later than December 31 of each year in which 
        the authority under this section is in effect, the Secretary of 
        Defense shall submit to the committees of Congress specified in 
        subparagraph (B) a report on the operation of this section. Each 
        report shall cover the fiscal year that most recently ended 
        before such December 31.
            ``(B) The committees of Congress specified in this 
        subparagraph are--
                    ``(i) the Committee on Armed Services, the Committee 
                on Homeland Security and Governmental Affairs, and the 
                Committee on Appropriations of the Senate; and
                    ``(ii) the Committee on Armed Services, the 
                Committee on Oversight and Government Reform, and the 
                Committee on Appropriations of the House of 
                Representatives.''.
SEC. 1105. <<NOTE: 10 USC 2358 note.>>  MODIFICATION TO DEPARTMENT 
                          OF DEFENSE LABORATORY PERSONNEL 
                          AUTHORITY.

    (a) Designation of Laboratories.--Each of the following is hereby 
designated as a Department of Defense science and technology reinvention 
laboratory (as described in section 342(b) of the National Defense 
Authorization Act for Fiscal Year 1995 (Public Law 103-337; 108 Stat. 
2721), as amended by section 1114 of the Floyd D. Spence National 
Defense Authorization Act for Fiscal Year 2001):
            (1) The Aviation and Missile Research Development and 
        Engineering Center.
            (2) The Army Research Laboratory.
            (3) The Medical Research and Materiel Command.
            (4) The Engineer Research and Development Command.
            (5) The Communications-Electronics Command.

[[Page 123 STAT. 2487]]

            (6) The Soldier and Biological Chemical Command.
            (7) The Naval Sea Systems Command Centers.
            (8) The Naval Research Laboratory.
            (9) The Office of Naval Research.
            (10) The Air Force Research Laboratory.
            (11) The Tank and Automotive Research Development and 
        Engineering Center.
            (12) The Armament Research Development and Engineering 
        Center.
            (13) The Naval Air Warfare Center, Weapons Division.
            (14) The Naval Air Warfare Center, Aircraft Division.
            (15) The Space and Naval Warfare Systems Center, Pacific.
            (16) The Space and Naval Warfare Systems Center, Atlantic.
            (17) The laboratories within the Army Research Development 
        and Engineering Command.

    (b) Conversion Procedures.--The Secretary of Defense shall implement 
procedures to convert the civilian personnel of each Department of 
Defense science and technology reinvention laboratory, as so designated 
by subsection (a), from the personnel system which applies as of the 
date of the enactment of this Act to the personnel system under an 
appropriate demonstration project (as referred to in such section 
342(b)). Any conversion under this subsection--
            (1) shall not adversely affect any employee with respect to 
        pay or any other term or condition of employment;
            (2) shall be consistent with section 4703(f) of title 5, 
        United States Code;
            (3) shall be completed within 18 months after the date of 
        the enactment of this Act; and
            (4) shall not apply to prevailing rate employees (as defined 
        by section 5342(a)(2) of title 5, United States Code) or senior 
        executives (as defined by section 3132(a)(3) of such title).

    (c) Limitation.--The science and technology reinvention 
laboratories, as so designated by subsection (a), may not implement any 
personnel system, other than a personnel system under an appropriate 
demonstration project (as referred to in such section 342(b)), without 
prior congressional authorization.
SEC. 1106. ONE-YEAR EXTENSION OF AUTHORITY TO WAIVE ANNUAL 
                          LIMITATION ON PREMIUM PAY AND AGGREGATE 
                          LIMITATION ON PAY FOR FEDERAL CIVILIAN 
                          EMPLOYEES WORKING OVERSEAS.

    (a) Extension of Authority.--Subsection (a) of section 1101 of the 
Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 
(Public Law 110-417; 122 Stat. 4615) is amended by striking ``calendar 
year 2009,'' and inserting ``calendar years 2009 and 2010,''.
    (b) Related Provision.--Subsection (b) of such section 1101 is 
amended to read as follows:.
    ``(b) Applicability of Aggregate Limitation on Pay.--
            ``(1) In general.--Section 5307 of title 5, United States 
        Code, shall not apply to any employee in any calendar year in 
        which that employee is granted a waiver under subsection (a).

[[Page 123 STAT. 2488]]

            ``(2) Other limitations.--In the case of any employees who 
        (disregarding subparagraph (A)) would otherwise be subject to a 
        limitation on premium pay similar to one set forth in section 
        5547 of title 5, United States Code (as determined by the head 
        of the Executive agency in or under which such employees are 
        employed)--
                    ``(A) the agency head may waive that otherwise 
                applicable limitation, to the same extent and in the 
                same manner as would be allowable under subsection (a) 
                if those employees were instead subject to such section 
                5547; and
                    ``(B) if a waiver under subparagraph (A) is granted 
                with respect to such employees, then, neither section 
                5307 of title 5, United States Code, nor any other 
                similar limitation (as determined by the agency head) 
                shall apply with respect to such employees for purposes 
                of any calendar year for which such waiver is so 
                granted.''.
SEC. 1107. EXTENSION OF CERTAIN BENEFITS TO FEDERAL CIVILIAN 
                          EMPLOYEES ON OFFICIAL DUTY IN PAKISTAN.

    Section 1603(a)(2) of the Emergency Supplemental Appropriations Act 
for Defense, the Global War on Terror, and Hurricane Recovery, 2006 
(Public Law 109-234; 120 Stat. 443), as amended by section 1102 of the 
Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 
(Public Law 110-417; 122 Stat. 4616), is amended by inserting ``Pakistan 
or'' after ``is on official duty in''.
SEC. 1108. REQUIREMENT FOR DEPARTMENT OF DEFENSE STRATEGIC 
                          WORKFORCE PLANS.

    (a) Codification of Requirement for Strategic Workforce Plan.--
            (1) In general.--Chapter 2 of title 10, United States Code, 
        is amended by adding after section 115a the following new 
        section:
``Sec. 115b. Annual strategic workforce plan

    ``(a) Annual Plan Required.--(1) The Secretary of Defense shall 
submit to the congressional defense committees on an annual basis a 
strategic workforce plan to shape and improve the civilian employee 
workforce of the Department of Defense.
    ``(2) The Under Secretary of Defense for Personnel and Readiness 
shall have overall responsibility for developing and implementing the 
strategic workforce plan, in consultation with the Under Secretary of 
Defense for Acquisition, Technology, and Logistics.
    ``(b) Contents.--Each strategic workforce plan under subsection (a) 
shall include, at a minimum, the following:
            ``(1) An assessment of--
                    ``(A) the critical skills and competencies that will 
                be needed in the future within the civilian employee 
                workforce by the Department of Defense to support 
                national security requirements and effectively manage 
                the Department during the seven-year period following 
                the year in which the plan is submitted;
                    ``(B) the appropriate mix of military, civilian, and 
                contractor personnel capabilities;

[[Page 123 STAT. 2489]]

                    ``(C) the critical skills and competencies of the 
                existing civilian employee workforce of the Department 
                and projected trends in that workforce based on expected 
                losses due to retirement and other attrition; and
                    ``(D) gaps in the existing or projected civilian 
                employee workforce of the Department that should be 
                addressed to ensure that the Department has continued 
                access to the critical skills and competencies described 
                in subparagraphs (A) and (C).
            ``(2) A plan of action for developing and reshaping the 
        civilian employee workforce of the Department to address the 
        gaps in critical skills and competencies identified under 
        paragraph (1)(D), including--
                    ``(A) specific recruiting and retention goals, 
                especially in areas identified as critical skills and 
                competencies under paragraph (1), including the program 
                objectives of the Department to be achieved through such 
                goals and the funding needed to achieve such goals;
                    ``(B) specific strategies for developing, training, 
                deploying, compensating, and motivating the civilian 
                employee workforce of the Department, including the 
                program objectives of the Department to be achieved 
                through such strategies and the funding needed to 
                implement such strategies;
                    ``(C) any incentives necessary to attract or retain 
                any civilian personnel possessing the skills and 
                competencies identified under paragraph (1);
                    ``(D) any changes in the number of personnel 
                authorized in any category of personnel listed in 
                subsection (f)(1) or in the acquisition workforce that 
                may be needed to address such gaps and effectively meet 
                the needs of the Department;
                    ``(E) any changes in resources or in the rates or 
                methods of pay for any category of personnel listed in 
                subsection (f)(1) or in the acquisition workforce that 
                may be needed to address inequities and ensure that the 
                Department has full access to appropriately qualified 
                personnel to address such gaps and meet the needs of the 
                Department; and
                    ``(F) any legislative changes that may be necessary 
                to achieve the goals referred to in subparagraph (A).
            ``(3) An assessment, using results-oriented performance 
        measures, of the progress of the Department in implementing the 
        strategic workforce plan under this section during the previous 
        year.
            ``(4) Any additional matters the Secretary of Defense 
        considers necessary to address.

    ``(c) Senior Management, Functional, and Technical Workforce.--(1) 
Each strategic workforce plan under subsection (a) shall include a 
separate chapter to specifically address the shaping and improvement of 
the senior management, functional, and technical workforce (including 
scientists and engineers) of the Department of Defense.
    ``(2) For purposes of paragraph (1), each plan shall include, with 
respect to such senior management, functional, and technical workforce--

[[Page 123 STAT. 2490]]

            ``(A) an assessment of the matters set forth in 
        subparagraphs (A) through (D) of subsection (b)(1);
            ``(B) a plan of action meeting the requirements set forth in 
        subparagraphs (A) through (F) of subsection (b)(2);
            ``(C) specific strategies for developing, training, 
        deploying, compensating, motivating, and designing career paths 
        and career opportunities; and
            ``(D) specific steps that the Department has taken or plans 
        to take to ensure that such workforce is managed in compliance 
        with the requirements of section 129 of this title.

    ``(d) Defense Acquisition Workforce.--(1) Each strategic workforce 
plan under subsection (a) shall include a separate chapter to 
specifically address the shaping and improvement of the defense 
acquisition workforce, including both military and civilian personnel.
    ``(2) For purposes of paragraph (1), each plan shall include, with 
respect to the defense acquisition workforce--
            ``(A) an assessment of the matters set forth in 
        subparagraphs (A) through (D) of subsection (b)(1);
            ``(B) a plan of action meeting the requirements set forth in 
        subparagraphs (A) through (F) of subsection (b)(2);
            ``(C) specific steps that the Department has taken or plans 
        to take to develop appropriate career paths for civilian 
        employees in the acquisition field and to implement the 
        requirements of section 1722a of this title with regard to 
        members of the armed forces in the acquisition field; and
            ``(D) a plan for funding needed improvements in the 
        acquisition workforce of the Department through the period of 
        the future-years defense program, including--
                    ``(i) the funding programmed for defense acquisition 
                workforce improvements, including a specific 
                identification of funding provided in the Department of 
                Defense Acquisition Workforce Fund established under 
                section 1705 of this title, along with a description of 
                how such funding is being implemented and whether it is 
                being fully used; and
                    ``(ii) a description of any continuing shortfalls in 
                funding available for the acquisition workforce.

    ``(e) Submittals by Secretaries of the Military Departments and 
Heads of the Defense Agencies.-- <<NOTE: Reports.>> The Secretary of 
Defense shall require the Secretary of each military department and the 
head of each Defense Agency to submit a report to the Secretary 
addressing each of the matters described in this section. 
The <<NOTE: Deadline.>> Secretary of Defense shall establish a deadline 
for the submittal of reports under this subsection that enables the 
Secretary to consider the material submitted in a timely manner and 
incorporate such material, as appropriate, into the strategic workforce 
plan required by this section.

    ``(f) Definitions.--In this section:
            ``(1) The term `senior management, functional, and technical 
        workforce of the Department of Defense' includes the following 
        categories of Department of Defense civilian personnel:
                    ``(A) Appointees in the Senior Executive Service 
                under section 3131 of title 5.
                    ``(B) Persons serving in positions described in 
                section 5376(a) of title 5.

[[Page 123 STAT. 2491]]

                    ``(C) Highly qualified experts appointed pursuant to 
                section 9903 of title 5.
                    ``(D) Scientists and engineers appointed pursuant to 
                section 342(b) of the National Defense Authorization Act 
                for Fiscal Year 1995 (Public Law 103-337; 108 Stat. 
                2721), as amended by section 1114 of the Floyd D. Spence 
                National Defense Authorization Act for Fiscal Year 2001 
                (as enacted into law by Public Law 106-398 (114 Stat. 
                1654A-315)).
                    ``(E) Scientists and engineers appointed pursuant to 
                section 1101 of the Strom Thurmond National Defense 
                Authorization Act for Fiscal Year 1999 (5 U.S.C. 3104 
                note).
                    ``(F) Persons serving in the Defense Intelligence 
                Senior Executive Service under section 1606 of this 
                title.
                    ``(G) Persons serving in Intelligence Senior Level 
                positions under section 1607 of this title.
            ``(2) The term `acquisition workforce' includes individuals 
        designated under section 1721 as filling acquisition 
        positions.''.
            (2) Clerical amendment.--The table of sections at the 
        beginning of chapter 2 of such title is amended by inserting 
        after the item relating to section 115a the following new item:

``115b. Annual strategic workforce plan.''.

    (b) Comptroller General Reports.--
            (1) Report on strategic workforce plan.--Not later than 180 
        days after the date on which the Secretary of Defense submits to 
        the congressional defense committees an annual strategic 
        workforce plan under section 115b of title 10, United States 
        Code (as added by subsection (a)), in each of 2009, 2010, 2011, 
        and 2012, the Comptroller General of the United States shall 
        submit to the congressional defense committees a report on the 
        plan so submitted.
            (2) Report on the training of acquisition and audit 
        personnel of the department of defense.--(A) Not later than one 
        year after the date of the enactment of this Act, the 
        Comptroller General of the United States shall submit to the 
        congressional defense committees a report setting forth an 
        assessment of the efficacy of Department of Defense training for 
        acquisition and audit personnel of the Department of Defense.
            (B) The report required under subparagraph (A) shall address 
        the efficacy of training, the extent to which such training 
        reaches appropriate personnel, and the extent to which the 
        training recommendations of previous reviews (including the 
        recommendations of the Commission on Army Acquisition and 
        Program Management in Expeditionary Operations) have been 
        implemented.

    (c) Conforming Repeals.--The following provisions are repealed:
            (1) Section 1122 of the National Defense Authorization Act 
        for Fiscal Year 2006 (Public Law 109-163; 119 Stat. 3452; 10 
        U.S.C. note prec. <<NOTE: 10 USC 1580 note prec.>> 1580).
            (2) Section 1102 of the John Warner National Defense 
        Authorization Act for Fiscal Year 2007 (Public Law 109-364; 120 
        Stat. 2407).

[[Page 123 STAT. 2492]]

            (3) Section 851 of the National Defense Authorization Act 
        for Fiscal Year 2008 (Public Law 110-181; 122 Stat. 247; 10 
        U.S.C. note prec. 1580).
SEC. 1109. ADJUSTMENTS TO LIMITATIONS ON PERSONNEL AND REQUIREMENT 
                          FOR ANNUAL MANPOWER REPORTING.

    (a) Amendments.--Section 1111 of the Duncan Hunter National Defense 
Authorization Act for Fiscal Year 2009 (Public Law 110-417; 122 Stat. 
4619) <<NOTE: 10 USC 143 note.>> is amended--
            (1) in subsection (b), by striking ``for four'';
            (2) in paragraph (1) of subsection (b), by striking 
        ``requirements of--'' and all that follows through the end of 
        subparagraph (C) and inserting ``the requirements of section 
        115b of this title; or'';
            (3) in paragraph (2) of subsection (b), by striking 
        ``purpose described in paragraphs (1) through (4) of subsection 
        (c).'' and inserting the following:
        ``any of the following purposes:
                    ``(A) Performance of inherently governmental 
                functions.
                    ``(B) Performance of work pursuant to section 2463 
                of title 10, United States Code.
                    ``(C) Ability to maintain sufficient organic 
                expertise and technical capability.
                    ``(D) Performance of work that, while the position 
                may not exercise an inherently governmental function, 
                nevertheless should be performed only by officers or 
                employees of the Federal Government or members of the 
                Armed Forces because of the critical nature of the 
                work.''; and
            (4) by striking subsections (c) and (d).

    (b) Consolidated Annual Report.--
            (1) Inclusion in annual defense manpower requirements 
        report.--Section 115a of title 10, United States Code, is 
        amended by inserting after subsection (e) the following new 
        subsection:

    ``(f) The Secretary shall also include in each such report the 
following information with respect to personnel assigned to or 
supporting major Department of Defense headquarters activities:
            ``(1) The military end strength and civilian full-time 
        equivalents assigned to major Department of Defense headquarters 
        activities for the preceding fiscal year and estimates of such 
        numbers for the current fiscal year and subsequent fiscal years.
            ``(2) A summary of the replacement during the preceding 
        fiscal year of contract workyears providing support to major 
        Department of Defense headquarters activities with military end 
        strength or civilian full-time equivalents, including an 
        estimate of the number of contract workyears associated with the 
        replacement of contracts performing inherently governmental or 
        exempt functions.
            ``(3) The plan for the continued review of contract 
        personnel supporting major Department of Defense headquarters 
        activities for possible conversion to military or civilian 
        performance in accordance with section 2463 of this title.
            ``(4) The amount of any adjustment in the limitation on 
        personnel made by the Secretary of Defense or the Secretary of a 
        military department, and, for each adjustment made pursuant to 
        section 1111(b)(2) of the Duncan Hunter National

[[Page 123 STAT. 2493]]

        Defense Authorization Act for Fiscal Year 2009 (10 U.S.C. 143 
        note), the purpose of the adjustment.''.
            (2) Technical amendments to reflect name of report.--
                    (A) Subsection (a) of section 115a of such title is 
                amended by inserting ``defense'' before ``manpower 
                requirements report.''.
                    (B)(i) The heading of such section is amended to 
                read as follows:
``Sec. 115a. Annual defense manpower requirements report''.
                          (ii) The item relating to such section in the 
                      table of sections at the beginning of chapter 2 of 
                      such title is amended to read as follows:

``115a. Annual defense manpower requirements report.''.

            (3) Conforming repeal.--Subsections (b) and (c) of section 
        901 of the National Defense Authorization Act for Fiscal Year 
        2008 (Public Law 110-181; 122 Stat. 272; 10 U.S.C. 221 note) are 
        repealed.
SEC. 1110. <<NOTE: 5 USC 3702 note.>> PILOT PROGRAM FOR THE 
                          TEMPORARY EXCHANGE OF INFORMATION 
                          TECHNOLOGY PERSONNEL.

    (a) Assignment Authority.--The Secretary of Defense may, with the 
agreement of the private sector organization concerned, arrange for the 
temporary assignment of an employee to such private sector organization, 
or from such private sector organization to a Department of Defense 
organization under this section. An employee shall be eligible for such 
an assignment only if--
            (1) the employee--
                    (A) works in the field of information technology 
                management;
                    (B) is considered by the Secretary of Defense to be 
                an exceptional employee;
                    (C) is expected to assume increased information 
                technology management responsibilities in the future; 
                and
                    (D) is compensated at not less than the GS-11 level 
                (or the equivalent); and
            (2) the proposed assignment meets applicable requirements of 
        section 209(b) of the E-Government Act of 2002 (44 U.S.C. 3501 
        note).

    (b) Agreements.--The Secretary of Defense shall provide for a 
written agreement among the Department of Defense, the private sector 
organization, and the employee concerned regarding the terms and 
conditions of the employee's assignment under this section. The 
agreement--
            (1) shall require that employees of the Department of 
        Defense, upon completion of the assignment, will serve in the 
        civil service for a period equal to the length of the 
        assignment; and
            (2) shall provide that if the employee of the Department of 
        Defense or of the private sector organization (as the case may 
        be) fails to carry out the agreement, such employee shall be 
        liable to the United States for payment of all expenses of the 
        assignment, unless that failure was for good and sufficient 
        reason, as determined by the Secretary of Defense.

[[Page 123 STAT. 2494]]

An amount for which an employee is liable under paragraph (2) shall be 
treated as a debt due the United States.
    (c) Termination.--An assignment under this section may, at any time 
and for any reason, be terminated by the Department of Defense or the 
private sector organization concerned.
    (d) Duration.--An assignment under this section shall be for a 
period of not less than 3 months and not more than 1 year, and may be 
extended in 3-month increments for a total of not more than 1 additional 
year; however, no assignment under this section may commence after 
September 30, 2013.
    (e) Terms and Conditions for Private Sector Employees.--An employee 
of a private sector organization who is assigned to a Department of 
Defense organization under this section--
            (1) may continue to receive pay and benefits from the 
        private sector organization from which such employee is 
        assigned;
            (2) is deemed to be an employee of the Department of Defense 
        for the purposes of--
                    (A) chapter 73 of title 5, United States Code;
                    (B) sections 201, 203, 205, 207, 208, 209, 603, 606, 
                607, 643, 654, 1905, and 1913 of title 18, United States 
                Code;
                    (C) sections 1343, 1344, and 1349(b) of title 31, 
                United States Code;
                    (D) the Federal Tort Claims Act and any other 
                Federal tort liability statute;
                    (E) the Ethics in Government Act of 1978;
                    (F) section 1043 of the Internal Revenue Code of 
                1986; and
                    (G) section 27 of the Office of Federal Procurement 
                Policy Act; and
            (3) may not have access to any trade secrets or to any other 
        nonpublic information which is of commercial value to the 
        private sector organization from which such employee is 
        assigned.

    (f) Prohibition Against Charging Certain Costs to the Federal 
Government.--A private sector organization may not charge the Department 
of Defense or any other agency of the Federal Government, as direct or 
indirect costs under a Federal contract, the costs of pay or benefits 
paid by the organization to an employee assigned to a Department of 
Defense organization under this section for the period of the 
assignment.
    (g) Considerations.--In carrying out this section, the Secretary of 
Defense--
            (1) shall ensure that, of the assignments made under this 
        section each year, at least 20 percent are from small business 
        concerns (as defined by section 3703(e)(2)(A) of title 5, United 
        States Code); and
            (2) shall take into consideration the question of how 
        assignments under this section might best be used to help meet 
        the needs of the Department of Defense with respect to the 
        training of employees in information technology management.

    (h) Numerical Limitation.--In no event may more than 10 employees be 
participating in assignments under this section at any given time.

[[Page 123 STAT. 2495]]

    (i) Reporting Requirement.--For each of fiscal years 2010 through 
2015, the Secretary of Defense shall submit to the congressional defense 
committees, not later than 1 month after the end of the fiscal year 
involved, a report on any activities carried out under this section 
during such fiscal year, including information concerning--
            (1) the respective organizations (as referred to in 
        subsection (a)) to and from which any employee was assigned 
        under this section;
            (2) the positions those employees held while they were so 
        assigned;
            (3) a description of the tasks they performed while they 
        were so assigned; and
            (4) a discussion of any actions that might be taken to 
        improve the effectiveness of the program under this section, 
        including any proposed changes in law.

    (j) Repeal of Superseded Section.--Section 1109 of the National 
Defense Authorization Act for Fiscal Year 2008 (Public Law 110-181; 122 
Stat. 358) <<NOTE: 5 USC 3702 note.>> is repealed, except that--
            (1) nothing in this subsection shall, in the case of any 
        assignment commencing under such section 1109 on or before the 
        date of the enactment of this Act, affect--
                    (A) the duration of such assignment or the authority 
                to extend such assignment in accordance with subsection 
                (d) of such section 1109, as last in effect; or
                    (B) the terms or conditions of the agreement 
                governing such assignment, including with respect to any 
                service obligation under subsection (b) thereof; and
            (2) any employee whose assignment is allowed to continue by 
        virtue of paragraph (1) shall be taken into account for purposes 
        of--
                    (A) the numerical limitation under subsection (h); 
                and
                    (B) the reporting requirement under subsection (i).
SEC. 1111. <<NOTE: 10 USC 1580 note prec.>> AVAILABILITY OF FUNDS 
                          FOR COMPENSATION OF CERTAIN CIVILIAN 
                          EMPLOYEES OF THE DEPARTMENT OF DEFENSE.

    (a) Availability of Funds.--Funds authorized to be appropriated for 
the Department of Defense that are available for the purchase of 
contract services to meet a requirement that is anticipated to continue 
for five years or more shall be available to provide compensation for 
civilian employees of the Department to meet the same requirement.
    (b) Regulations.-- <<NOTE: Deadline.>> Not later than 120 days after 
the date of the enactment of this Act, the Secretary shall prescribe 
regulations implementing the authority in subsection (a). Such 
regulations--
            (1) shall ensure that the authority in subsection (a) is 
        utilized to build government capabilities that are needed to 
        perform inherently governmental functions, functions closely 
        associated with inherently governmental functions, and other 
        critical functions;
            (2) shall include a mechanism to ensure that follow-on 
        funding to provide compensation for civilian employees of the 
        Department to perform functions described in paragraph (1) is 
        provided from appropriate accounts; and
            (3) may establish additional criteria and levels of approval 
        within the Department for the utilization of funds to provide

[[Page 123 STAT. 2496]]

        compensation for civilian employees of the Department pursuant 
        to subsection (a).

    (c) Annual Report.--Not later than 60 days after the end of each 
fiscal year for which the authority in subsection (a) is in effect, the 
Secretary shall submit to the congressional defense committees a report 
on the use of such authority. Each report shall cover the preceding 
fiscal year and shall identify, at a minimum, the following:
            (1) The amount of funds used under the authority in 
        subsection (a) to provide compensation for civilian employees.
            (2) The source or sources of the funds so used.
            (3) The number of civilian employees employed through the 
        use of such funds.
            (4) The actions taken by the Secretary to ensure that 
        follow-on funding for such civilian employees is provided 
        through appropriate accounts.

    (d) Temporary Authority.-- <<NOTE: Applicability.>> The authority in 
subsection (a) shall apply to funds authorized to be appropriated for 
the Department of Defense for fiscal years 2010 through 2019.
SEC. 1112. <<NOTE: 10 USC 1580 note prec.>> DEPARTMENT OF DEFENSE 
                          CIVILIAN LEADERSHIP PROGRAM.

    (a) Leadership Program Required.--
            (1) <<NOTE: Deadline.>> In general.--Not later than 180 days 
        after the date of the enactment of this Act, the Secretary of 
        Defense shall establish a program of leadership recruitment and 
        development for civilian employees of the Department of Defense, 
        to be known as the ``Department of Defense Civilian Leadership 
        Program'' (in this section referred to as the ``program'').
            (2) Objectives.--The objectives of the program shall be as 
        follows:
                    (A) To develop a new generation of civilian leaders 
                for the Department of Defense.
                    (B) To recruit individuals with the academic merit, 
                work experience, and demonstrated leadership skills to 
                meet the future needs of the Department.
                    (C) To offer rapid advancement, competitive 
                compensation, and leadership opportunities to highly 
                qualified civilian employees of the Department.
            (3) Available authorities.--In carrying out the program, the 
        Secretary may exercise any authority available to the Office of 
        Personnel Management under section 4703 of title 5, United 
        States Code, except that the Secretary shall not be bound by the 
        limitations in subsection (d) of such section. Nothing in this 
        section shall be construed to authorize the waiver of any part 
        of chapter 71 of title 5, United States Code, or any regulation 
        implementing such chapter, in the carrying out of the program.

    (b) Eligible Individuals.--
            (1) In general.--The following individuals shall be eligible 
        to participate in the program:
                    (A) Current employees of the Department of Defense.
                    (B) Appropriate individuals in the private sector.
            (2) Limitation on number of participants in program.--The 
        total number of individuals who may participate in the program 
        in any fiscal year may not exceed 5,000.

[[Page 123 STAT. 2497]]

            (3) Limitation on period of participation in program.--The 
        maximum period of time that an individual may participate in the 
        program is three years.

    (c) Elements of Program.--
            (1) Competitive entry.--The selection of individuals for 
        entry into the program shall be made on the basis of a 
        competition conducted at least 
        twice <<NOTE: Determination.>> each year. In each competition, 
        participants in the program shall be selected from among 
        applicants determined by the Secretary to be the most highly 
        qualified in terms of academic merit, work experience, and 
        demonstrated leadership skills. Each competition shall provide 
        for entry-level participants and midcareer participants in the 
        program.
            (2) Allocation of positions.--The Secretary shall allocate 
        positions in the program among the components of the Department 
        of Defense that--
                    (A) offer the most challenging assignments;
                    (B) provide the greatest level of responsibility; 
                and
                    (C) demonstrate the greatest need for participants 
                in the program.
            (3) Assignments to positions.--Participants in the program 
        shall be assigned to components of the Department that best 
        match their skills and qualifications. Participants in the 
        program may be rotated among components of the Department of 
        Defense at the discretion of the Secretary.
            (4) Initial compensation.-- <<NOTE: Determination.>> The 
        initial compensation of participants in the program shall be 
        determined by the Secretary based on the qualifications of such 
        participants and applicable market conditions.
            (5) Education and training.--The Secretary shall provide 
        participants in the program with training, mentoring, and 
        educational opportunities that are appropriate to facilitate the 
        development of such participants into effective civilian leaders 
        for the Department of Defense.
            (6) Objective, merit-based principles for personnel 
        decisions.-- <<NOTE: Regulations.>> The Secretary shall make 
        personnel decisions under the program in accordance with such 
        objective, merit-based criteria as the Secretary shall prescribe 
        in regulations for purposes of the program. Such criteria shall 
        include, but not be limited to, criteria applicable to the 
        following:
                    (A) The selection of individuals for entry into the 
                program.
                    (B) The assignment of participants in the program to 
                positions in the Department of Defense.
                    (C) The initial compensation of participants in the 
                program.
                    (D) The access of participants in the program to 
                training, mentoring, and educational opportunities under 
                the program.
                    (E) The consideration of participants in the program 
                for selection into the senior management, functional, 
                and technical workforce of the Department.
            (7) Consideration for senior management, functional, and 
        technical workforce.-- <<NOTE: Determination.>> Any participant 
        in the program who, as determined by the Secretary, demonstrates 
        outstanding performance shall be afforded priority in 
        consideration for selection into the appropriate element of the 
        senior management,

[[Page 123 STAT. 2498]]

        functional, and technical workforce of the Department of Defense 
        (as defined in section 115b(f) of title 10, United States Code).
SEC. 1113. PROVISIONS RELATING TO THE NATIONAL SECURITY PERSONNEL 
                          SYSTEM.

    (a) Definitions.-- <<NOTE: 5 USC 9902 note.>> For purposes of this 
section--
            (1) the term ``National Security Personnel System'' or 
        ``NSPS'' refers to a human resources management system 
        established under authority of section 9902 of title 5, United 
        States Code (as in effect before the date of the enactment of 
        this Act); and
            (2) the term ``statutory pay system'' means a pay system 
        under--
                    (A) subchapter III of chapter 53 of title 5, United 
                States Code (relating to General Schedule pay rates); or
                    (B) such other provisions of law as would apply if 
                section 9902 of title 5, United States Code, had never 
                been enacted.

    (b) Repeal of Provisions Relating to NSPS.--
            (1) In general.--Section 9902 of title 5, United States 
        Code, is amended--
                    (A) by striking subsections (a), (b), (c), (d), (e), 
                (i) and (j); and
                    (B) by redesignating subsections (f) through (h) as 
                subsections (e) through (g), respectively.
            (2) Expansion prohibited.-- <<NOTE: Effective date.>> The 
        National Security Personnel System may not be extended to any 
        organizational or functional unit of the Department of Defense 
        (or any component thereof) not included in such System as of 
        March 1, 2009.
            (3) Current rules invalid.--Any regulations in effect as of 
        the day before the date of the enactment of this Act which were 
        issued pursuant to any provision of law repealed by paragraph 
        (1)(A)--
                    (A) may not be modified on or after the date of the 
                enactment of this Act, except as necessary to implement 
                this Act; and
                    (B) <<NOTE: Termination date.>> shall cease to be 
                effective as of January 1, 2012.

    (c) Termination of NSPS and Conversion of Employees and Positions.--
            (1) In general.-- <<NOTE: Deadlines.>> The Secretary of 
        Defense shall take all actions which may be necessary to 
        provide, beginning no later than 6 months after the date of 
        enactment of this Act, for the orderly termination of the 
        National Security Personnel System and conversion of all 
        employees and positions from such System, by not later than 
        January 1, 2012, to--
                    (A) the statutory pay system and all other aspects 
                of the personnel system that last applied to such 
                employee or position (as the case may be) before the 
                National Security Personnel System applied; or
                    (B) if subparagraph (A) does not apply, the 
                statutory pay system and all other aspects of the 
                personnel system that would have applied if the National 
                Security Personnel System had never been established.
        No employee shall suffer any loss of or decrease in pay because 
        of the preceding sentence, and, for purposes of carrying out 
        such preceding sentence, any determination of the system that

[[Page 123 STAT. 2499]]

        last applied (or that would have applied) with respect to an 
        employee or position shall take into account any modifications 
        to such system pursuant to the provisions of subsections (a) and 
        (b) of section 9902 of title 5, United States Code, as amended 
        by subsection (d).
            (2) Transition period appointments.--To the extent 
        practicable, any individual who, during the NSPS transition 
        period, is appointed to any position within the Department of 
        Defense which is subject to the NSPS shall be subject to the 
        statutory pay system and all other aspects of the personnel 
        system to which such individual or position is to be converted 
        in accordance with the requirements of paragraph (1).
            (3) Temporary continuation of nsps.-- 
        <<NOTE: Applicability.>> Notwithstanding any other provision of 
        this section, the National Security Personnel System, as in 
        effect on the day before the date of the enactment of this Act, 
        shall continue to apply with respect to any employees and 
        positions remaining subject to the NSPS, in accordance with 
        paragraph (1), during the NSPS transition period.
            (4) Restoration of full annual pay adjustments under nsps 
        pending its termination.-- 
        <<NOTE: Applicability.>> Notwithstanding subsection (b)(1)(A), 
        section 9902(e)(7) of title 5, United States Code, to the extent 
        that it remains in force under paragraph (3), shall be applied 
        by substituting ``100 percent'' for ``no less than 60 percent''.
            (5) NSPS transition period defined.--For purposes of this 
        subsection, the term ``NSPS transition period'' means the period 
        beginning on the date of the enactment of this Act and ending on 
        January 1, 2012.

    (d) Authority Relating to Performance Management and Workforce 
Incentives, Hiring Flexibilities, and Training of Supervisors.--Section 
9902 of title 5, United States Code, as amended by subsection (b)(1), is 
further amended by inserting before subsection (e) (as so redesignated 
by subsection (b)(1)(B)) the following:
    ``(a) Performance Management and Workforce Incentives.--
(1) <<NOTE: Regulations.>> The Secretary, in coordination with the 
Director, shall promulgate regulations providing for the following:
            ``(A) A fair, credible, and transparent performance 
        appraisal system for employees.
            ``(B) A fair, credible, and transparent system for linking 
        employee bonuses and other performance-based actions to 
        performance appraisals of employees.
            ``(C) A process for ensuring ongoing performance feedback 
        and dialogue among supervisors, managers, and employees 
        throughout the appraisal period and setting timetables for 
        review.
            ``(D) Development of `performance assistance plans' that are 
        designed to give employees formal training, on-the-job training, 
        counseling, mentoring, and other assistance.

    ``(2) <<NOTE: Waiver authority.>> In developing the regulations 
required by this subsection, the Secretary, in coordination with the 
Director, may waive the requirements of chapters 43 (other than sections 
4302 and 4303(e)) and the regulations implementing such chapters, to the 
extent necessary to achieve the objectives of this subsection.

[[Page 123 STAT. 2500]]

    ``(3)(A) The Secretary may establish a fund, to be known as the 
`Department of Defense Civilian Workforce Incentive Fund' (in this 
paragraph referred to as the `Fund').
    ``(B) The Fund shall consist of the following:
            ``(i) Amounts appropriated to the Fund.
            ``(ii) Amounts available for compensation of employees that 
        are transferred to the Fund.

    ``(C) Amounts in the Fund shall be available for the following:
            ``(i) Incentive payments for employees based on team or 
        individual performance (which payments shall be in addition to 
        basic pay).
            ``(ii) Incentive payments to attract or retain employees 
        with particular or superior qualifications or abilities.

    ``(D) The authority provided in this paragraph is in addition to, 
and does not supersede or replace, any authority or source of funding 
otherwise available to the Secretary to pay bonuses or make incentive 
payments to civilian employees of the Department.
    ``(4)(A) Any action taken by the Secretary under this subsection, or 
to implement this subsection, shall be subject to the requirements of 
subsection (c) and chapter 71.
    ``(B) Any rules or regulations promulgated pursuant to this 
subsection shall be deemed an agency rule or regulation under section 
7117(a)(2), and shall not be deemed a Government-wide rule or regulation 
under section 7117(a)(1).
    ``(b) Flexibilities Relating to Appointments.-- 
<<NOTE: Regulations.>> (1) The Secretary, in coordination with the 
Director, shall promulgate regulations to redesign the procedures which 
are applied by the Department of Defense in making appointments to 
positions within the competitive service in order to--
            ``(A) better meet mission needs;
            ``(B) respond to managers' needs and the needs of 
        applicants;
            ``(C) produce high-quality applicants;
            ``(D) support timely decisions;
            ``(E) uphold appointments based on merit system principles; 
        and
            ``(F) promote competitive job offers.

    ``(2) <<NOTE: Waiver authority.>> In redesigning the process by 
which such appointments shall be made, the Secretary, in coordination 
with the Director, may waive the requirements of chapter 33, and the 
regulations implementing such chapter, to the extent necessary to 
achieve the objectives of this section, while providing for the 
following:
            ``(A) Fair, credible, and transparent methods of 
        establishing qualification requirements for, recruitment for, 
        and appointments to positions.
            ``(B) Fair and open competition and equitable treatment in 
        the consideration and selection of individuals to positions.
            ``(C) Fair, credible, and transparent methods of assigning, 
        reassigning, detailing, transferring, or promoting employees.

    ``(3) In implementing this subsection, the Secretary shall comply 
with the provisions of section 2302(b)(11), regarding veterans' 
preference requirements, in a manner consistent with that in which such 
provisions are applied under chapter 33.
    ``(4)(A) Any action taken by the Secretary under this subsection, or 
to implement this subsection, shall be subject to the requirements of 
subsection (c) and chapter 71.

[[Page 123 STAT. 2501]]

    ``(B) Any rules or regulations promulgated pursuant to this section 
shall be deemed an agency rule or regulation under section 7117(a)(2), 
and shall not be deemed a Government-wide rule or regulation under 
section 7117(a)(1).
    ``(c) Criteria for Use of New Personnel Authorities.--In 
establishing any new performance management and workforce incentive 
system under subsection (a) or utilizing appointment flexibilities under 
subsection (b), the Secretary shall--
            ``(1) adhere to merit principles set forth in section 2301;
            ``(2) include a means for ensuring employee involvement (for 
        bargaining unit employees, through their exclusive 
        representatives) in the design and implementation of such 
        system;
            ``(3) provide for adequate training and retraining for 
        supervisors, managers, and employees in the implementation and 
        operation of such system;
            ``(4) develop--
                    ``(A) a comprehensive management succession program 
                to provide training to employees to develop managers for 
                the agency; and
                    ``(B) a program to provide training to supervisors 
                on actions, options, and strategies a supervisor may use 
                in administering such system;
            ``(5) include effective transparency and accountability 
        measures and safeguards to ensure that the management of such 
        system is fair, credible, and equitable, including appropriate 
        independent reasonableness reviews, internal assessments, and 
        employee surveys;
            ``(6) utilize the annual strategic workforce plan, required 
        by section 115b of title 10; and
            ``(7) ensure that adequate agency resources are allocated 
        for the design, implementation, and administration of such 
        system.

    ``(d) Development of Training Program for Supervisors.--(1) The 
Secretary shall develop--
            ``(A) a program to provide training to supervisors on use of 
        the new authorities provided in this section, including the 
        actions, options, and strategies a supervisor may use in--
                    ``(i) developing and discussing relevant goals and 
                objectives with the employee, communicating and 
                discussing progress relative to performance goals and 
                objectives, and conducting performance appraisals;
                    ``(ii) mentoring and motivating employees, and 
                improving employee performance and productivity;
                    ``(iii) fostering a work environment characterized 
                by fairness, respect, equal opportunity, and attention 
                to the quality of the work of employees;
                    ``(iv) effectively managing employees with 
                unacceptable performance;
                    ``(v) addressing reports of a hostile work 
                environment, reprisal, or harassment of or by another 
                supervisor or employee; and
                    ``(vi) otherwise carrying out the duties and 
                responsibilities of a supervisor;
            ``(B) a program to provide training to supervisors on the 
        prohibited personnel practices under section 2302 (particularly 
        with respect to such practices described under subsections 
        (b)(1) and (b)(8) of such section), employee collective 
        bargaining and

[[Page 123 STAT. 2502]]

        union participation rights, and the procedures and processes 
        used to enforce employee rights; and
            ``(C) a program under which experienced supervisors mentor 
        new supervisors by--
                    ``(i) sharing knowledge and advice in areas such as 
                communication, critical thinking, responsibility, 
                flexibility, motivating employees, teamwork, leadership, 
                and professional development; and
                    ``(ii) pointing out strengths and areas for 
                development.

    ``(2) <<NOTE: Deadline.>> Each supervisor shall be required to 
complete a program at least once every 3 years.''.

    (e) Reports.-- <<NOTE: Plans.>> The Secretary of Defense shall 
provide a report to the covered committees (as defined by subsection 
(g)(6))--
            (1) no later than 6 months after the date of enactment of 
        this Act, on the initial steps being taken to reclassify 
        positions from the NSPS and the initial conversion plan to begin 
        converting employees from the NSPS, which information shall be 
        supplemented by reports describing the progress of the 
        conversion process which shall be submitted to the same 
        committees on a semiannual basis;
            (2) <<NOTE: Effective date.>> no later than 12 months after 
        date of enactment, a plan for the personnel management system as 
        authorized by section 9902(a) of title 5, United States Code, as 
        amended by this section, which plan shall not take effect until 
        90 days after the submission of the plan to Congress; and
            (3) no later than 12 months after date of enactment, a plan 
        for the appointment procedures as authorized by section 9902(b) 
        of title 5, United States Code, as amended by this section.

    (f) Clerical Amendments.--
            (1) The heading of section 9902 of title 5, United States 
        Code, is amended to read as follows:
``Sec. 9902. Department of Defense personnel authorities''.
            (2) The table of sections at the beginning of chapter 99 of 
        such title is amended by striking the item relating to section 
        9902 and inserting the following:

``9902. Department of Defense personnel authorities.''.

    (g) Other Personnel Flexibilities.--
            (1) In general.-- 
        <<NOTE: Determination. Deadline. Proposal.>> If the Secretary of 
        Defense determines that it would be in the best interest of the 
        Department of Defense to implement personnel flexibilities in 
        addition to those authorized under section 9902 of title 5, as 
        amended by this section, the Secretary, in coordination with the 
        Director of the Office of Personnel Management, may develop and 
        submit to the covered committees, not later than 6 months after 
        the date of the enactment of this Act, a proposal to implement--
                    (A) additional personnel flexibilities and 
                associated statutory waivers with respect to the 
                application of the General Schedule (as defined in 
                section 5332 of title 5, United States Code); or
                    (B) additional personnel flexibilities and 
                associated statutory waivers, which would require 
                exemption from the application of the General Schedule 
                (as so defined).
            (2) Rationale.--If the Secretary's proposal is to implement 
        authorities described in paragraph (1)(B), the Secretary shall

[[Page 123 STAT. 2503]]

        provide a detailed rationale as to why implementation of 
        authorities described in paragraph (1)(A) are not adequate or 
        appropriate to meet the interests of the Department.
            (3) Requirements.--The Secretary's proposal (whether as 
        described in paragraph (1)(A) or (1)(B))--
                    (A) shall be developed in a manner consistent with 
                the requirements of subsections (c) and (d) of section 
                9902 of title 5, United States Code, as amended by this 
                section;
                    (B) shall include a description of proposed 
                regulations and implementing rules that the Secretary 
                plans to adopt for the proposed system;
                    (C) shall identify and provide a rationale for any 
                statutory waiver that would be required to implement the 
                proposed system;
                    (D) shall describe the steps that the Department 
                would take to avoid problems of the type described in 
                the report of the Defense Business Board, dated August 
                2009, regarding the National Security Personnel System; 
                and
                    (E) may not provide for the waiver of any provision 
                of law that cannot be waived under paragraph (3) of 
                section 9902(b) of title 5, United States Code (as in 
                effect on the day before the date of the enactment of 
                this Act), and shall be subject to the requirements in 
                paragraphs (4) and (5) of such section (as then in 
                effect).
            (4) Congressional approval required.--If Congress approves 
        the Secretary's proposal in the National Defense Authorization 
        Act for Fiscal Year 2011, the Secretary may implement the 
        proposal (subject to any changes required by law) and begin the 
        implementation of such proposal for personnel included in the 
        National Security Personnel System, in lieu of the transition 
        that would otherwise be required by subsection (b), subject to 
        paragraph (5).
            (5) Restrictions.-- <<NOTE: Applicability.>> Notwithstanding 
        any approval under paragraph (4), the provisions of subsection 
        (b)(2) and (c)(4) shall apply with respect to any proposal 
        approved under such paragraph, unless and until modified or 
        repealed in legislation enacted after the date of the enactment 
        of this Act.
            (6) Definitions.--For purposes of this subsection, the term 
        ``covered committees'' means--
                    (A) the Committees on Armed Services of the Senate 
                and the House of Representatives;
                    (B) the Committee on Homeland Security and 
                Governmental Affairs of the Senate; and
                    (C) the Committee on Oversight and Government Reform 
                of the House of Representatives.

    (h) Modification of Implementation Authorities and Limitations.--
Section 1106 of the National Defense Authorization Act for Fiscal Year 
2008 (Public Law 110-181; 122 Stat. 349) is amended--
            (1) <<NOTE: 5 USC 9902 note.>> by striking subsection (b);
            (2) by redesignating subsection (c) as subsection (b); and
            (3) in subsection (b) (as so redesignated by paragraph 
        (2))--
                    (A) by striking paragraph (1) and inserting the 
                following:
            ``(1) <<NOTE: Review. Deadlines.>> The Comptroller General 
        shall conduct a review, in each of calendar years 2010, 2011, 
        and 2012, of--

[[Page 123 STAT. 2504]]

                    ``(A) employee satisfaction with any processes 
                established pursuant to regulations promulgated by the 
                Secretary of Defense pursuant to section 9902 of title 
                5, United States Code (as amended by section 1113 of the 
                National Defense Authorization Act for Fiscal Year 2011; 
                and
                    ``(B) the extent to which any processes so 
                established are fair, credible, and transparent, as 
                required by such section 9902 (as so amended).''; and
                    (B) in paragraph (2), by striking ``the National 
                Security Personnel System'' and inserting ``any 
                processes established pursuant to such regulations''.
SEC. 1114. <<NOTE: 10 USC 1601 note.>> PROVISIONS RELATING TO THE 
                          DEFENSE CIVILIAN INTELLIGENCE PERSONNEL 
                          SYSTEM.

    (a) Suspension of Certain Pay Authority.-- <<NOTE: Time 
period.>> Effective with respect to amounts paid during the period 
beginning on the date of the enactment of this Act and ending on 
December 31, 2010, rates of basic pay for employees and positions within 
any element of the intelligence community (as defined by the National 
Security Act of 1947)--
            (1) may not be fixed under the Defense Civilian Intelligence 
        Personnel System; and
            (2) shall instead be fixed in accordance with the provisions 
        of law that (disregarding DCIPS) would then otherwise apply.

The preceding sentence shall not apply with respect to the National 
Geospatial-Intelligence Agency.
    (b) Response to GAO Report.--Not later than 3 months after the date 
of the enactment of this Act, the Secretary of Defense shall submit to 
the congressional oversight committees a written description of any 
actions taken or proposed to be taken by such Secretary in response to 
the review and recommendations of the Government Accountability Office 
regarding the Defense Civilian Intelligence Personnel System.
    (c) Independent Organization.--
            (1) In general.-- <<NOTE: Deadline. Designation.>> Not later 
        than 30 days after the date of the enactment of this Act, the 
        Secretary of Defense, the Director of the Office of Personnel 
        Management, and the Director of National Intelligence shall 
        jointly designate an independent organization to review the 
        operation of the Defense Civilian Intelligence Personnel System, 
        including--
                    (A) its impact on career progression;
                    (B) its appropriateness or inappropriateness in 
                light of the complexities of the workforce affected;
                    (C) its sufficiency in terms of providing 
                protections for diversity in promotion and retention of 
                personnel; and
                    (D) the adequacy of the training, policy guidelines, 
                and other preparations afforded in connection with 
                transitioning to that system.
            (2) Deadline.-- <<NOTE: Reports.>> The independent 
        organization shall, after appropriate consultation with 
        employees and employee organizations, submit its findings and 
        recommendations under this section to the Secretary of Defense 
        and the congressional oversight committees, in a written report, 
        not later than June 1, 2010.

    (d) Proposed Actions Based on Report.--Not later than 60 days after 
receiving the report of the independent organization under subsection 
(c), the Secretary of Defense, in coordination with

[[Page 123 STAT. 2505]]

the Director of the Office of Personnel Management and the Director of 
National Intelligence, shall submit to the congressional oversight 
committees a written report describing any actions that the Secretary 
has taken or proposes to take in response to such report.
    (e) Hold-harmless Provision.--No employee shall suffer any loss of 
or decrease in pay as a result of being converted from DCIPS in 
compliance with subsection (a).
    (f) Definitions.--For purposes of this section--
            (1) the terms ``Defense Civilian Intelligence Personnel 
        System'' and ``DCIPS'' mean the civilian personnel system 
        established by the Secretary of Defense under regulations--
                    (A) prescribed pursuant to sections 1601 through 
                1614 of title 10, United States Code; and
                    (B) taking effect in September 2008 or thereafter; 
                and
            (2) the term ``congressional oversight committees'' means--
                    (A) the Committee on Armed Services and the 
                Permanent Select Committee on Intelligence of the House 
                of Representatives; and
                    (B) the Committee on Armed Services and the Select 
                Committee on Intelligence of the Senate.

      Subtitle B--Provisions Relating to Reemployment of Annuitants

SEC. 1121. AUTHORITY TO EXPAND SCOPE OF PROVISIONS RELATING TO 
                          UNREDUCED COMPENSATION FOR CERTAIN 
                          REEMPLOYED ANNUITANTS.

    (a) In General.--Section 9902(h) of title 5, United States Code, is 
amended--
            (1) by redesignating paragraph (3) as paragraph (4); and
            (2) by inserting after paragraph (2) the following:
            ``(3) <<NOTE: President. Regulations.>> Benefits similar to 
        those provided by paragraphs (1) and (2) may be extended, in 
        accordance with regulations prescribed by the President, so as 
        to be made available with respect to reemployed annuitants 
        within the Department of Defense who are subject to such other 
        retirement systems for Government employees (whose annuities are 
        payable under authorities other than subchapter III of chapter 
        83 or chapter 84 of title 5) as may be provided for under such 
        regulations.''.

    (b) Conforming Amendment.--Paragraph (4) of section 9902(h) of such 
title 5 (as so designated by subsection (a)(1)) is amended by striking 
the period and inserting ``, excluding paragraph (3).''.
SEC. 1122. PART-TIME REEMPLOYMENT.

    (a) Civil Service Retirement System.--Section 8344 of title 5, 
United States Code, is amended--
            (1) by redesignating subsection (l) as subsection (m);
            (2) by inserting after subsection (k) the following:

    ``(l)(1) For purposes of this subsection--
            ``(A) the term `head of an agency' means--
                    ``(i) the head of an Executive agency, other than 
                the Department of Defense or the Government 
                Accountability Office;
                    ``(ii) the head of the United States Postal Service;

[[Page 123 STAT. 2506]]

                    ``(iii) the Director of the Administrative Office of 
                the United States Courts, with respect to employees of 
                the judicial branch; and
                    ``(iv) any employing authority described under 
                subsection (k)(2), other than the Government 
                Accountability Office; and
            ``(B) the term `limited time appointee' means an annuitant 
        appointed under a temporary appointment limited to 1 year or 
        less.

    ``(2) <<NOTE: Waiver authority. Determination.>> The head of an 
agency may waive the application of subsection (a) or (b) with respect 
to any annuitant who is employed in such agency as a limited time 
appointee, if the head of the agency determines that the employment of 
the annuitant is necessary to--
            ``(A) fulfill functions critical to the mission of the 
        agency, or any component of that agency;
            ``(B) assist in the implementation or oversight of the 
        American Recovery and Reinvestment Act of 2009 (Public Law 111-
        5) or the Troubled Asset Relief Program under title I of the 
        Emergency Economic Stabilization Act of 2008 (12 U.S.C. 5201 et 
        seq.);
            ``(C) assist in the development, management, or oversight of 
        agency procurement actions;
            ``(D) assist the Inspector General for that agency in the 
        performance of the mission of that Inspector General;
            ``(E) promote appropriate training or mentoring programs of 
        employees;
            ``(F) assist in the recruitment or retention of employees; 
        or
            ``(G) respond to an emergency involving a direct threat to 
        life of property or other unusual circumstances.

    ``(3) The head of an agency may not waive the application of 
subsection (a) or (b) with respect to an annuitant--
            ``(A) for more than 520 hours of service performed by that 
        annuitant during the period ending 6 months following the 
        individual's annuity commencing date;
            ``(B) for more than 1040 hours of service performed by that 
        annuitant during any 12-month period; or
            ``(C) for more than a total of 3120 hours of service 
        performed by that annuitant.

    ``(4)(A) The total number of annuitants to whom a waiver by the head 
of an agency under this subsection or section 8468(i) applies may not 
exceed 2.5 percent of the total number of full-time employees of that 
agency.
    ``(B) If the total number of annuitants to whom a waiver by the head 
of an agency under this subsection or section 8468(i) applies exceeds 1 
percent of the total number of full-time employees of that agency, the 
head of that agency shall submit to the Committee on Homeland Security 
and Governmental Affairs of the Senate, the Committee on Oversight and 
Government Reform of the House of Representatives, and the Office of 
Personnel Management--
            ``(i) <<NOTE: Reports.>> a report with an explanation that 
        justifies the need for the waivers in excess of that percentage; 
        and
            ``(ii) <<NOTE: Deadline. Succession plan.>> not later than 
        180 days after submitting the report under clause (i), a 
        succession plan.

[[Page 123 STAT. 2507]]

    ``(5)(A) The Director of the Office of Personnel Management may 
promulgate regulations providing for the administration of this 
subsection.
    ``(B) Any regulations promulgated under subparagraph (A) may--
                    ``(i) provide standards for the maintenance and form 
                of necessary records of employment under this 
                subsection;
                    ``(ii) to the extent not otherwise expressly 
                prohibited by law, require employing agencies to provide 
                records of such employment to the Office of Personnel 
                Management or other employing agencies as necessary to 
                ensure compliance with paragraph (3);
                    ``(iii) authorize other administratively convenient 
                periods substantially equivalent to 12 months, such as 
                26 pay periods, to be used in determining compliance 
                with paragraph (3)(B);
                    ``(iv) include such other administrative 
                requirements as the Director of the Office of Personnel 
                Management may find appropriate to provide for the 
                effective operation of, or to ensure compliance with, 
                this subsection; and
                    ``(v) encourage the training and mentoring of 
                employees by any limited time appointee employed under 
                this subsection.

    ``(6)(A) Any hours of training or mentoring of employees by any 
limited time appointee employed under this subsection shall not be 
included in the hours of service performed for purposes of paragraph 
(3), but those hours of training or mentoring may not exceed 520 hours.
    ``(B) If the primary service performed by any limited time appointee 
employed under this subsection is training or mentoring of employees, 
the hours of that service shall be included in the hours of service 
performed for purposes of paragraph (3).
    ``(7) <<NOTE: Termination date.>> The authority of the head of an 
agency under this subsection to waive the application of subsection (a) 
or (b) shall terminate 5 years after the date of enactment of the 
National Defense Authorization Act for Fiscal Year 2010.''; and
            (3) in subsection (m) (as so redesignated)--
                    (A) in paragraph (1), by striking ``(k)'' and 
                inserting ``(l)''; and
                    (B) in paragraph (2), by striking ``or (k)'' and 
                inserting ``(k), or (l)''.

    (b) Federal Employee Retirement System.--Section 8468 of title 5, 
United States Code, is amended--
            (1) by redesignating subsection (i) as subsection (j);
            (2) by inserting after subsection (h) the following:

    ``(i)(1) For purposes of this subsection--
            ``(A) the term `head of an agency' means--
                    ``(i) the head of an Executive agency, other than 
                the Department of Defense or the Government 
                Accountability Office;
                    ``(ii) the head of the United States Postal Service;
                    ``(iii) the Director of the Administrative Office of 
                the United States Courts, with respect to employees of 
                the judicial branch; and
                    ``(iv) any employing authority described under 
                subsection (h)(2), other than the Government 
                Accountability Office; and

[[Page 123 STAT. 2508]]

            ``(B) the term `limited time appointee' means an annuitant 
        appointed under a temporary appointment limited to 1 year or 
        less.

    ``(2) <<NOTE: Waiver authority. Determination.>> The head of an 
agency may waive the application of subsection (a) with respect to any 
annuitant who is employed in such agency as a limited time appointee, if 
the head of the agency determines that the employment of the annuitant 
is necessary to--
            ``(A) fulfill functions critical to the mission of the 
        agency, or any component of that agency;
            ``(B) assist in the implementation or oversight of the 
        American Recovery and Reinvestment Act of 2009 (Public Law 111-
        5) or the Troubled Asset Relief Program under title I of the 
        Emergency Economic Stabilization Act of 2008 (12 U.S.C. 5201 et 
        seq.);
            ``(C) assist in the development, management, or oversight of 
        agency procurement actions;
            ``(D) assist the Inspector General for that agency in the 
        performance of the mission of that Inspector General;
            ``(E) promote appropriate training or mentoring programs of 
        employees;
            ``(F) assist in the recruitment or retention of employees; 
        or
            ``(G) respond to an emergency involving a direct threat to 
        life of property or other unusual circumstances.

    ``(3) The head of an agency may not waive the application of 
subsection (a) with respect to an annuitant--
            ``(A) for more than 520 hours of service performed by that 
        annuitant during the period ending 6 months following the 
        individual's annuity commencing date;
            ``(B) for more than 1040 hours of service performed by that 
        annuitant during any 12-month period; or
            ``(C) for more than a total of 3120 hours of service 
        performed by that annuitant.

    ``(4)(A) The total number of annuitants to whom a waiver by the head 
of an agency under this subsection or section 8344(l) applies may not 
exceed 2.5 percent of the total number of full-time employees of that 
agency.
    ``(B) If the total number of annuitants to whom a waiver by the head 
of an agency under this subsection or section 8344(l) applies exceeds 1 
percent of the total number of full-time employees of that agency, the 
head of that agency shall submit to the Committee on Homeland Security 
and Governmental Affairs of the Senate, the Committee on Oversight and 
Government Reform of the House of Representatives, and the Office of 
Personnel Management--
            ``(i) <<NOTE: Reports.>> a report with an explanation that 
        justifies the need for the waivers in excess of that percentage; 
        and
            ``(ii) <<NOTE: Deadline. Succession plan.>> not later than 
        180 days after submitting the report under clause (i), a 
        succession plan.

    ``(5)(A) The Director of the Office of Personnel Management may 
promulgate regulations providing for the administration of this 
subsection.
    ``(B) Any regulations promulgated under subparagraph (A) may--
            ``(i) provide standards for the maintenance and form of 
        necessary records of employment under this subsection;

[[Page 123 STAT. 2509]]

            ``(ii) to the extent not otherwise expressly prohibited by 
        law, require employing agencies to provide records of such 
        employment to the Office or other employing agencies as 
        necessary to ensure compliance with paragraph (3);
            ``(iii) authorize other administratively convenient periods 
        substantially equivalent to 12 months, such as 26 pay periods, 
        to be used in determining compliance with paragraph (3)(B);
            ``(iv) include such other administrative requirements as the 
        Director of the Office of Personnel Management may find 
        appropriate to provide for effective operation of, or to ensure 
        compliance with, this subsection; and
            ``(v) encourage the training and mentoring of employees by 
        any limited time appointee employed under this subsection.

    ``(6)(A) Any hours of training or mentoring of employees by any 
limited time appointee employed under this subsection shall not be 
included in the hours of service performed for purposes of paragraph 
(3), but those hours of training or mentoring may not exceed 520 hours.
    ``(B) If the primary service performed by any limited time appointee 
employed under this subsection is training or mentoring of employees, 
the hours of that service shall be included in the hours of service 
performed for purposes of paragraph (3).
    ``(7) <<NOTE: Termination date.>> The authority of the head of an 
agency under this subsection to waive the application of subsection (a) 
shall terminate 5 years after the date of enactment of the National 
Defense Authorization Act for Fiscal Year 2010.''; and
            (3) in subsection (j) (as so redesignated)--
                    (A) in paragraph (1), by striking ``(h)'' and 
                inserting ``(i)''; and
                    (B) in paragraph (2), by striking ``or (h)'' and 
                inserting ``(h), or (i)''.

    (c) <<NOTE: 5 USC 8344 note.>> Rule of Construction.--Nothing in the 
amendments made by this section may be construed to authorize the waiver 
of the hiring preferences under chapter 33 of title 5, United States 
Code in selecting annuitants to employ in an appointive or elective 
position.

    (d) Technical and Conforming Amendments.--Section 1005(d)(2) of 
title 39, United States Code, is amended--
            (1) by striking ``(l)(2)'' and inserting ``(m)(2)''; and
            (2) by striking ``(i)(2)'' and inserting ``(j)(2)''.
SEC. 1123. GOVERNMENT ACCOUNTABILITY OFFICE REPORT.

    (a) In General.--Not later than 3 years after the date of the 
enactment of this Act, the Comptroller General of the United States 
shall submit to the Committee on Homeland Security and Governmental 
Affairs of the Senate and the Committee on Oversight and Government 
Reform of the House of Representatives a report regarding the use of the 
authority under the amendments made by section 1122.
    (b) Contents.--The report submitted under subsection (a) shall--
            (1) include the number of annuitants for whom a waiver was 
        made under subsection (l) of section 8344 of title 5, United 
        States Code, as amended by this subtitle, or subsection (i) of 
        section 8468 of title 5, United States Code, as amended by this 
        subtitle; and

[[Page 123 STAT. 2510]]

            (2) identify each agency that used the authority described 
        in paragraph (1).

    (c) Agency Data.--Each head of an agency (as defined under sections 
8344(l)(1) and 8468(i)(1)(A) of title 5, United States Code, as added by 
section 1122 of this subtitle) shall--
            (1) collect and maintain data necessary for purposes of the 
        Comptroller General report submitted under subsection (a); and
            (2) submit to the Comptroller General that data as the 
        Comptroller General requires in a timely fashion.

             TITLE XII--MATTERS RELATING TO FOREIGN NATIONS

                   Subtitle A--Assistance and Training

Sec. 1201.  One-year extension of authority for security and 
           stabilization assistance.
Sec. 1202.  Expansion of authority and modification of notification and 
           reporting requirements for use of authority for support of 
           special operations to combat terrorism.
Sec. 1203.  Modification of report on foreign-assistance related 
           programs carried out by the Department of Defense.
Sec. 1204.  Report on authorities to build the capacity of foreign 
           military forces and related matters.
Sec. 1205.  Authority to provide administrative services and support to 
           coalition liaison officers of certain foreign nations 
           assigned to United States Joint Forces Command.
Sec. 1206.  Modification of authorities relating to program to build the 
           capacity of foreign military forces.
Sec. 1207.  Authority for non-reciprocal exchanges of defense personnel 
           between the United States and foreign countries.
Sec. 1208.  Report on alternatives to use of acquisition and cross-
           servicing agreements to lend military equipment for personnel 
           protection and survivability.
Sec. 1209.  Enhancing Iraqi security through defense cooperation between 
           the United States and Iraq.
Sec. 1210.  Availability of appropriated funds for the State Partnership 
           Program.

     Subtitle B--Matters Relating to Iraq, Afghanistan, and Pakistan

Sec. 1221.  Limitation on availability of funds for certain purposes 
           relating to Iraq.
Sec. 1222.  One-year extension and expansion of Commanders' Emergency 
           Response Program.
Sec. 1223.  Modification of authority for reimbursement of certain 
           coalition nations for support provided to United States 
           military operations.
Sec. 1224.  Pakistan Counterinsurgency Fund.
Sec. 1225.  Program to provide for the registration and end-use 
           monitoring of defense articles and defense services 
           transferred to Afghanistan and Pakistan.
Sec. 1226.  Reports on campaign plans for Iraq and Afghanistan.
Sec. 1227.  Report on responsible redeployment of United States Armed 
           Forces from Iraq.
Sec. 1228.  Report on community-based security programs in Afghanistan.
Sec. 1229.  Updates of report on command and control structure for 
           military forces operating in Afghanistan.
Sec. 1230.  Report on feasibility and desirability of establishing 
           general uniform procedures and guidelines for the provision 
           of monetary assistance by the United States to civilian 
           foreign nationals for losses incident to combat activities of 
           the armed forces.
Sec. 1231.  Assessment and report on United States-Pakistan military 
           relations and cooperation.
Sec. 1232.  Report on progress toward security and stability in 
           Pakistan.
Sec. 1233.  Repeal of GAO war-related reporting requirement.
Sec. 1234.  Authority to transfer defense articles and provide defense 
           services to the military and security forces of Iraq and 
           Afghanistan.
Sec. 1235.  Analysis of required force levels and types of forces needed 
           to secure southern and eastern regions of Afghanistan.

[[Page 123 STAT. 2511]]

Sec. 1236.  Modification of report on progress toward security and 
           stability in Afghanistan.
Sec. 1237.  No permanent military bases in Afghanistan.

                        Subtitle C--Other Matters

Sec. 1241.  Report on United States engagement with Iran.
Sec. 1242.  Annual counterterrorism status reports.
Sec. 1243.  Report on United States contributions to the United Nations.
Sec. 1244.  NATO Special Operations Coordination Center.
Sec. 1245.  Annual report on military power of Iran.
Sec. 1246.  Annual report on military and security developments 
           involving the People's Republic of China.
Sec. 1247.  Report on impacts of drawdown authorities on the Department 
           of Defense.
Sec. 1248.  Risk assessment of United States space export control 
           policy.
Sec. 1249.  Patriot air and missile defense battery in Poland.
Sec. 1250.  Report on potential foreign military sales of the F-22A 
           fighter aircraft.
Sec. 1251.  Report on the plan for the nuclear weapons stockpile, 
           nuclear weapons complex, and delivery platforms and sense of 
           Congress on follow-on negotiations to START Treaty.
Sec. 1252.  Map of mineral-rich zones and areas under the control of 
           armed groups in the Democratic Republic of the Congo.
Sec. 1253.  Sense of Congress relating to Israel.
Sec. 1254.  Sense of Congress on imposing sanctions with respect to 
           Iran.
Sec. 1255.  Report and sense of Congress on North Korea.
Sec. 1256.  Report on potential missile defense cooperation with Russia.

                          Subtitle D--VOICE Act

Sec. 1261. Short title.
Sec. 1262. Authorization of appropriations.
Sec. 1263. Iranian Electronic Education, Exchange, and Media Fund.
Sec. 1264. Annual report.
Sec. 1265. Report on actions by non-Iranian companies.
Sec. 1266. Human rights documentation.

                   Subtitle A--Assistance and Training

SEC. 1201. ONE-YEAR EXTENSION OF AUTHORITY FOR SECURITY AND 
                          STABILIZATION ASSISTANCE.

    Section 1207(g) of the National Defense Authorization Act for Fiscal 
Year 2006 (Public Law 109-163; 119 Stat. 3458), as amended by section 
1210 of the National Defense Authorization Act for Fiscal Year 2008 
(Public Law 110-181; 122 Stat. 369) and section 1207 of the Duncan 
Hunter National Defense Authorization Act for Fiscal Year 2009 (Public 
Law 110-417; 122 Stat. 4625), is further amended by striking ``September 
30, 2009'' and inserting ``September 30, 2010''.
SEC. 1202. EXPANSION OF AUTHORITY AND MODIFICATION OF NOTIFICATION 
                          AND REPORTING REQUIREMENTS FOR USE OF 
                          AUTHORITY FOR SUPPORT OF SPECIAL 
                          OPERATIONS TO COMBAT TERRORISM.

    (a) Authority.--Section 1208(a) of the Ronald W. Reagan National 
Defense Authorization Act for Fiscal Year 2005 (Public Law 108-375; 118 
Stat. 2086), as amended by section 1208(a) of the Duncan Hunter National 
Defense Authorization Act for Fiscal Year 2009 (Public Law 110-417; 122 
Stat. 4626), is further amended by striking ``$35,000,000'' and 
inserting ``$40,000,000''.
    (b) Notification.--Section 1208(c) of the Ronald W. Reagan National 
Defense Authorization Act for Fiscal Year 2005 (Public Law 108-375; 118 
Stat. 2086), as amended by section 1208(b) of the Duncan Hunter National 
Defense Authorization Act for Fiscal Year 2009 (Public Law 110-417; 122 
Stat. 4626), is further amended--

[[Page 123 STAT. 2512]]

            (1) by striking ``Upon using'' and inserting the following:
            ``(1) In general.--Upon using'';
            (2) by inserting after ``support of an approved military 
        operation'' the following: ``or changing the scope or funding 
        level of any support for such an operation'';
            (3) by striking ``Such a notification need be provided only 
        once with respect to any such operation.''; and
            (4) by adding at the end the following new paragraph:
            ``(2) Content.--Notifications required under this subsection 
        shall include the following information:
                    ``(A) The type of support provided or to be provided 
                to United States special operations forces.
                    ``(B) The type of support provided or to be provided 
                to the recipient of the funds.
                    ``(C) The amount obligated under the authority to 
                provide support.''.

    (c) Annual Report.--Section 1208(f) of the Ronald W. Reagan National 
Defense Authorization Act for Fiscal Year 2005 (Public Law 108-375; 118 
Stat. 2086) is amended in the second sentence by striking ``shall 
describe the support'' and all that follows through the period at the 
end and inserting ``shall include the following information:
            ``(1) A description of supported operations.
            ``(2) A summary of operations.
            ``(3) The type of recipients that received support, 
        identified by authorized category (foreign forces, irregular 
        forces, groups, or individuals).
            ``(4) The total amount obligated in the previous fiscal 
        year, including budget details.
            ``(5) The total amount obligated in prior fiscal years.
            ``(6) The intended duration of support.
            ``(7) A description of support or training provided to the 
        recipients of support.
            ``(8) A value assessment of the operational support 
        provided.''.
SEC. 1203. MODIFICATION OF REPORT ON FOREIGN-ASSISTANCE RELATED 
                          PROGRAMS CARRIED OUT BY THE DEPARTMENT 
                          OF DEFENSE.

    (a) Amendment.--Section 1209 of the National Defense Authorization 
Act for Fiscal Year 2008 (Public Law 110-181; 122 Stat. 368) is 
amended--
            (1) in subsection (a), by striking ``180 days after the date 
        of the enactment of this Act'' and inserting ``February 1 of 
        each year through February 1, 2013''; and
            (2) in subsection (b)(1)--
                    (A) in subparagraph (G), by striking ``and'' at the 
                end; and
                    (B) by adding at the end the following new 
                subparagraph:
                    ``(I) subsection (b)(6) of section 166a of title 10, 
                United States Code; and''.

    (b) Report for Fiscal Years 2008 and 2009.--The report required to 
be submitted not later than February 1, 2010, under section 1209(a) of 
the National Defense Authorization Act for Fiscal Year 2008, as amended 
by subsection (a), shall include information

[[Page 123 STAT. 2513]]

required under such section with respect to fiscal years 2008 and 2009.
SEC. 1204. REPORT ON AUTHORITIES TO BUILD THE CAPACITY OF FOREIGN 
                          MILITARY FORCES AND RELATED MATTERS.

    (a) Report Required.--Not later than March 1, 2010, the President 
shall transmit to the congressional committees specified in subsection 
(b) a report on the following:
            (1) The relationship between authorities of the Department 
        of Defense to conduct security cooperation programs to train and 
        equip, or otherwise build the capacity of, foreign military 
        forces and security assistance authorities of the Department of 
        State and other foreign assistance agencies to provide 
        assistance to train and equip, or otherwise build the capacity 
        of, foreign military forces, including the distinction, if any, 
        between the purposes of such authorities, the processes to 
        generate requirements to satisfy the purposes of such 
        authorities, and the contribution such authorities make to the 
        core missions of each such department and agency.
            (2) The strengths and weaknesses of the Foreign Assistance 
        Act of 1961 (22 U.S.C. 2151 et seq.), the Arms Export Control 
        Act (22 U.S.C. 2171 et seq.), title 10, United States Code, and 
        any other provision of law relating to training and equipping, 
        or otherwise building the capacity of, foreign military forces, 
        including to conduct counterterrorist operations or participate 
        in or support military and stability operations in which the 
        United State Armed Forces are a participant.
            (3) The changes, if any, that should be made to the 
        provisions of law described in paragraph (2) that would improve 
        the ability of the United States Government to train and equip, 
        or otherwise build the capacity of, foreign military forces, 
        including to conduct counterterrorist operations or participate 
        in or support military and stability operations in which the 
        United State Armed Forces are a participant.
            (4) The organizational and procedural changes, if any, that 
        should be made in the Department of Defense and the Department 
        of State and other foreign assistance agencies to improve the 
        ability of such departments and agencies to conduct programs to 
        train and equip, or otherwise build the capacity of, foreign 
        military forces, including to conduct counterterrorist 
        operations or participate in or support military and stability 
        operations in which the United State Armed Forces are a 
        participant.
            (5) The resources and funding mechanisms required to ensure 
        adequate funding for such programs.

    (b) Specified Congressional Committees.--The congressional 
committees specified in this subsection are the following:
            (1) The Committee on Armed Services, the Committee on 
        Foreign Affairs, and the Committee on Appropriations of the 
        House of Representatives.
            (2) The Committee on Armed Services, the Committee on 
        Foreign Relations, and the Committee on Appropriations of the 
        Senate.

[[Page 123 STAT. 2514]]

SEC. 1205. AUTHORITY TO PROVIDE ADMINISTRATIVE SERVICES AND 
                          SUPPORT TO COALITION LIAISON OFFICERS OF 
                          CERTAIN FOREIGN NATIONS ASSIGNED TO 
                          UNITED STATES JOINT FORCES COMMAND.

    (a) Extension of Authority.--Subsection (a) of section 1051a of 
title 10, United States Code, is amended--
            (1) by striking ``assigned temporarily'' and inserting 
        ``assigned temporarily as follows:'';
            (2) by designating the remainder of the text of that 
        subsection as paragraph (1) and indenting that text two ems from 
        the left margin;
            (3) in paragraph (1), as so designated, by striking ``to the 
        headquarters'' and inserting ``To the headquarters''; and
            (4) by adding at the end the following new paragraph:
            ``(2) To the headquarters of the combatant command assigned 
        by the Secretary of Defense the mission of joint warfighting 
        experimentation and joint forces training.''.

    (b) <<NOTE: 10 USC 1051a.>> Effective Date.--Paragraph (2) of 
section 1051a(a) of title 10, United States Code (as added by subsection 
(a)), shall take effect on October 1, 2009, or the date of the enactment 
of this Act, whichever is later.
SEC. 1206. MODIFICATION OF AUTHORITIES RELATING TO PROGRAM TO 
                          BUILD THE CAPACITY OF FOREIGN MILITARY 
                          FORCES.

    (a) Temporary Limitation on Amount for Building Capacity for 
Military and Stability Operations.--Section 1206(c) of the National 
Defense Authorization Act for Fiscal Year 2006 (Public Law 109-163; 119 
Stat. 3456), as amended by section 1206 of the John Warner National 
Defense Authorization Act for Fiscal Year 2007 (Public Law 109-364; 120 
Stat. 2418) and section 1206 of the Duncan Hunter National Defense 
Authorization Act for Fiscal Year 2009 (Public Law 110-417; 122 Stat. 
4625), is further amended by adding at the end the following new 
paragraph:
            ``(5) Temporary limitation on amount for building capacity 
        to participate in or support military and stability 
        operations.--Of the funds used to carry out a program under 
        subsection (a), not more than $75,000,000 may be used during 
        fiscal year 2010, and not more than $75,000,000 may be used 
        during fiscal year 2011, for purposes described in subsection 
        (a)(1)(B).''.

    (b) Effective Date.--The amendment made by subsection (a) shall take 
effect on October 1, 2009, and shall apply with respect to programs 
under section 1206(a) of the National Defense Authorization Act for 
Fiscal Year 2006 that begin on or after that date.
SEC. 1207. <<NOTE: 10 USC 168 note.>> AUTHORITY FOR NON-RECIPROCAL 
                          EXCHANGES OF DEFENSE PERSONNEL BETWEEN 
                          THE UNITED STATES AND FOREIGN COUNTRIES.

    (a) Authority To Enter Into Non-reciprocal International Exchange 
Agreements.--
            (1) In general.--The Secretary of Defense may enter into 
        non-reciprocal international defense personnel exchange 
        agreements.
            (2) International defense personnel exchange agreements 
        defined.--For purposes of this section, an international defense 
        personnel exchange agreement is an agreement with

[[Page 123 STAT. 2515]]

        the government of an ally of the United States or another 
        friendly foreign country for the exchange of military and 
        civilian personnel of the defense ministry of that foreign 
        government.

    (b) Assignment of Personnel.--
            (1) In general.--Pursuant to a non-reciprocal international 
        defense personnel exchange agreement, personnel of the defense 
        ministry of a foreign government may be assigned to positions in 
        the Department of Defense.
            (2) Mutual agreement required.--An individual may not be 
        assigned to a position pursuant to a non-reciprocal 
        international defense personnel exchange agreement unless the 
        assignment is acceptable to both governments.

    (c) Payment of Personnel Costs.--
            (1) In general.--The foreign government with which the 
        United States has entered into a non-reciprocal international 
        defense personnel exchange agreement shall pay the salary, per 
        diem, cost of living, travel costs, cost of language or other 
        training, and other costs for its personnel under such agreement 
        in accordance with the applicable laws and regulations of such 
        government.
            (2) Excluded costs.--Paragraph (1) does not apply to the 
        following costs:
                    (A) The cost of training programs conducted to 
                familiarize, orient, or certify exchanged personnel 
                regarding unique aspects of the assignments of the 
                exchanged personnel.
                    (B) Costs incident to the use of facilities of the 
                United States Government in the performance of assigned 
                duties.
                    (C) The cost of temporary duty of the exchanged 
                personnel directed by the United States Government.

    (d) Prohibited Conditions.--No personnel exchanged pursuant to a 
non-reciprocal agreement under this section may take or be required to 
take an oath of allegiance or to hold an official capacity in the 
government.
    (e) Report.--
            (1) In general.--Not later than 90 days after the end of the 
        fiscal year in which the authority in subsection (a) has been 
        exercised, the Secretary of Defense shall submit to the 
        appropriate congressional committees a report on the use of the 
        authority through the end of such fiscal year.
            (2) Matters to be included.--The report required under 
        paragraph (1) shall include the number of non-reciprocal 
        international defense personnel exchange agreements, the number 
        of personnel assigned pursuant to such agreements, the 
        Department of Defense component to which the personnel have been 
        assigned, the duty title of each assignment, and the countries 
        with which the agreements have been concluded.
            (3) Appropriate congressional committees defined.--In this 
        subsection, the term ``appropriate congressional committees'' 
        means--
                    (A) the Committee on Armed Services and the 
                Committee on Foreign Affairs of the House of 
                Representatives; and
                    (B) the Committee on Armed Services and the 
                Committee on Foreign Relations of the Senate.

    (f) Duration of Authority.--The authority under this section shall 
expire on September 30, 2012.

[[Page 123 STAT. 2516]]

SEC. 1208. REPORT ON ALTERNATIVES TO USE OF ACQUISITION AND CROSS-
                          SERVICING AGREEMENTS TO LEND MILITARY 
                          EQUIPMENT FOR PERSONNEL PROTECTION AND 
                          SURVIVABILITY.

    (a) Report Required.--Not later than 90 days after the date of the 
enactment of this Act, the Secretary of Defense shall submit to the 
congressional defense committees a report setting forth and assessing 
various alternatives to the use of acquisition and cross-servicing 
agreements pursuant to the temporary authority in section 1202 of the 
John Warner National Defense Authorization Act for Fiscal Year 2007 
(Public Law 109-364; 120 Stat. 2412), as amended by section 1252 of the 
National Defense Authorization Act for Fiscal Year 2008 (Public Law 110-
181; 122 Stat. 402), for purposes of lending covered military equipment 
to military forces of nations as follows:
            (1) A nation participating in combined operations with the 
        United States in Iraq and Afghanistan.
            (2) A nation participating in combined operations with the 
        United States as part of a peacekeeping operation under the 
        Charter of the United Nations or another international 
        agreement.

    (b) Covered Military Equipment Defined.--In this section, the term 
``covered military equipment'' has the meaning given that term in 
section 1202(d)(1) of the John Warner National Defense Authorization Act 
for Fiscal Year 2007.
SEC. 1209. ENHANCING IRAQI SECURITY THROUGH DEFENSE COOPERATION 
                          BETWEEN THE UNITED STATES AND IRAQ.

    (a) Report Required.--Not later than 120 days after the date of the 
enactment of this Act, the Secretary of Defense, with the concurrence of 
the Secretary of State, shall submit to the appropriate congressional 
committees a report on the role of Foreign Military Sales in meeting the 
requirements of the military and security forces of Iraq for restoring 
and maintaining peace and security in Iraq.
    (b) Matters To Be Included.--The report required under subsection 
(a) shall include the following:
            (1) A description of the minimum requirements of the 
        military and security forces of Iraq to achieve and sustain 
        internal security.
            (2) A description of how Foreign Military Sales may be 
        leveraged to ensure the timely delivery of training, equipment, 
        and supplies beyond the December 2011 drawdown deadline and any 
        recommendations for improving the Foreign Military Sales process 
        with respect to Iraq.
            (3) An assessment of the feasibility and desirability of 
        treating an undertaking by the Government of Iraq between the 
        date of the enactment of this Act and December 31, 2011, as a 
        dependable undertaking described in section 22(a) of the Arms 
        Export Control Act (22 U.S.C. 2762(a)) for the purpose of 
        entering into contracts for the procurement of defense articles 
        and defense services as provided for in that section.

    (c) Sense of Congress.--It is the sense of Congress that the 
Secretary of Defense should, with the concurrence of the Secretary of 
State, seek to increase the number of positions in professional military 
education courses, including courses at command and general staff 
colleges, war colleges, and the service academies,

[[Page 123 STAT. 2517]]

that are made available annually to personnel of the security forces of 
the Government of Iraq.
    (d) Definition.--In this section, the term ``appropriate 
congressional committees'' means--
            (1) the Committee on Armed Services and the Committee on 
        Foreign Affairs of the House of Representatives; and
            (2) the Committee on Armed Services and the Committee on 
        Foreign Relations of the Senate.
SEC. 1210. <<NOTE: 32 USC 107 note.>> AVAILABILITY OF APPROPRIATED 
                          FUNDS FOR THE STATE PARTNERSHIP PROGRAM.

    (a) Regulations Required.-- <<NOTE: Deadline.>> Not later than 90 
days after the date of the enactment of this Act, the Secretary of 
Defense, in consultation with Secretary of State, shall prescribe 
regulations regarding the use of funds appropriated to the Department of 
Defense to pay the costs incurred by the National Guard in conducting 
activities under the State 
Partnership <<NOTE: Records. Deadline.>> Program. The Secretary of 
Defense shall transmit to the appropriate congressional committees a 
copy of the regulations not later than 15 days after the date on which 
the regulations are prescribed under this subsection.

    (b) Limitations.--
            (1) Approval by commander of combatant command and chief of 
        mission.--Funds shall not be available under subsection (a) for 
        activities conducted under the State Partnership Program in a 
        foreign country unless such activities are jointly approved by 
        the commander of the combatant command concerned and the chief 
        of mission concerned.
            (2) Participation by members.--Funds shall not be available 
        under subsection (a) for the participation of a member of the 
        National Guard in activities conducted under the State 
        Partnership Program in a foreign country unless the member is on 
        active duty in the Armed Forces at the time of such 
        participation.

    (c) Report.--Not later than 90 days after the date of the enactment 
of this Act, and not later than the end of each of the fiscal years 2010 
through 2013, the Secretary of Defense shall submit to the appropriate 
congressional committees a report describing the civilian engagement 
activities conducted under the State Partnership Program, including a 
detailed description of the activities undertaken and funds expended in 
the previous fiscal year under the State Partnership Program.
    (d) Definition.--In this section, the term ``appropriate 
congressional committees'' means--
            (1) the Committee on Armed Services and the Committee on 
        Foreign Affairs of the House of Representatives; and
            (2) the Committee on Armed Services and the Committee on 
        Foreign Relations of the Senate.

[[Page 123 STAT. 2518]]

     Subtitle B--Matters Relating to Iraq, Afghanistan, and Pakistan

SEC. 1221. LIMITATION ON AVAILABILITY OF FUNDS FOR CERTAIN 
                          PURPOSES RELATING TO IRAQ.

    No funds appropriated pursuant to an authorization of appropriations 
in this Act may be obligated or expended for a purpose as follows:
            (1) To establish any military installation or base for the 
        purpose of providing for the permanent stationing of United 
        States Armed Forces in Iraq.
            (2) To exercise United States control of the oil resources 
        of Iraq.
SEC. 1222. ONE-YEAR EXTENSION AND EXPANSION OF COMMANDERS' 
                          EMERGENCY RESPONSE PROGRAM.

    (a) One-year Extension of Authority.--
            (1) Authority for fiscal year 2010.--Subsection (a) of 
        section 1202 of the National Defense Authorization Act for 
        Fiscal Year 2006 (Public Law 109-163; 119 Stat. 3455), as 
        amended by section 1205 of the National Defense Authorization 
        Act for Fiscal Year 2008 (Public Law 110-181; 122 Stat. 366) and 
        section 1214 of the Duncan Hunter National Defense Authorization 
        Act for Fiscal Year 2009 (Public Law 110-417; 122 Stat. 4630), 
        is further amended--
                    (A) in the heading, by striking ``Fiscal Years 2008 
                and 2009'' and inserting ``Fiscal Year 2010'';
                    (B) by striking ``each of fiscal years 2008 and 
                2009'' and inserting ``fiscal year 2010'';
                    (C) by striking ``for such fiscal year''; and
                    (D) by striking ``$1,700,000,000 in fiscal year 2008 
                and $1,500,000,000 in fiscal year 2009'' and inserting 
                ``$1,300,000,000''.
            (2) Effective date.--The amendments made by paragraph (1) 
        shall take effect on October 1, 2009.

    (b) Extension of Due Date for Quarterly Reports.--Subsection (b)(1) 
of such section is amended--
            (1) by striking ``15 days'' and inserting ``30 days''; and
            (2) by striking ``fiscal years 2008 and 2009'' and inserting 
        ``any fiscal year during which the authority under subsection 
        (a) is in effect''.

    (c) Technical Amendments.--Subsections (e)(1) and (f)(1) of such 
section are amended by striking ``the date of the enactment of the 
Duncan Hunter National Defense Authorization Act for Fiscal Year 2009'' 
and inserting ``October 14, 2008,''.
    (d) Authority To Transfer Funds for Support of Afghanistan National 
Solidarity Program.--
            (1) <<NOTE: Determination.>> Authority.--If the Secretary of 
        Defense determines that the use of Commanders' Emergency 
        Response Program funds to support the Afghanistan National 
        Solidarity Program would enhance counterinsurgency operations or 
        stability operations in Afghanistan, the Secretary of Defense 
        may transfer funds, from amounts available for the Commanders' 
        Emergency Response Program for fiscal year 2010, to the 
        Secretary of State for purposes of supporting the Afghanistan 
        National Solidarity Program.

[[Page 123 STAT. 2519]]

            (2) Limitation.--The amount of funds transferrable under 
        paragraph (1) may not exceed $50,000,000.
            (3) Congressional notification.-- 
        <<NOTE: Deadline. Reports.>> Not later than 15 days before 
        transferring funds under paragraph (1), the Secretary of Defense 
        shall submit to the congressional defense committees a report 
        setting forth the Secretary's determination pursuant to 
        paragraph (1) and a description of the amount of funds to be 
        transferred under that paragraph.
            (4) Expiration.--The authority to transfer funds under 
        paragraph (1) shall expire at the close of September 30, 2010.

    (e) Use of Funds for Reintegration Activities in Afghanistan.--
            (1) Authority.--The Secretary of Defense, in coordination 
        with the Government of Afghanistan and with the concurrence of 
        the Secretary of State, may utilize such funds as necessary from 
        amounts available for the Commanders' Emergency Response Program 
        for fiscal year 2010 to support the reintegration into Afghan 
        society of those individuals who have renounced violence against 
        the Government of Afghanistan.
            (2) Quarterly reports.--
                    (A) In general.--The Secretary of Defense shall 
                submit to the congressional defense committees a report 
                on activities carried out utilizing the authority of 
                paragraph (1). Such report shall be included in the 
                report required under section 1202(b) of the National 
                Defense Authorization Act for Fiscal Year 2006 (Public 
                Law 109-163; 119 Stat. 3455), and shall be specifically 
                identified as having been carried out under the 
                authority of paragraph (1).
                    (B) Copy of report.--The Secretary of Defense shall 
                provide the Committee on Foreign Affairs of the House of 
                Representatives and the Committee on Foreign Relations 
                of the Senate with a copy of that portion of the report 
                required by section 1202 of the National Defense 
                Authorization Act for Fiscal Year 2006 (Public Law 109-
                163; 119 Stat. 3455) that pertains to expenditures 
                carried out under the authority of paragraph (1).
            (3) Expiration.--The authority to utilize funds under 
        paragraph (1) shall expire at the close of September 30, 2010.

    (f) <<NOTE: Deadline.>> Review of Program.--Not later than 180 days 
after the date of the enactment of this Act, the Secretary of Defense 
shall conduct a thorough review of the Commander's Emergency Response 
Program and submit to the congressional defense committees the results 
of such review.

    (g) Definition.--In this section, the term ``Commanders' Emergency 
Response Program'' has the meaning given the term in section 1202(g) of 
the National Defense Authorization Act for Fiscal Year 2006 (Public Law 
109-163; 119 Stat. 3456).
SEC. 1223. MODIFICATION OF AUTHORITY FOR REIMBURSEMENT OF CERTAIN 
                          COALITION NATIONS FOR SUPPORT PROVIDED 
                          TO UNITED STATES MILITARY OPERATIONS.

    (a) Expansion of Authority.--Section 1233 of the National Defense 
Authorization Act for Fiscal Year 2008 (Public Law 110-181; 122 Stat. 
393) is amended--
            (1) in subsection (a)--

[[Page 123 STAT. 2520]]

                    (A) by striking ``section 1508'' and inserting 
                ``section 1509(5) of the National Defense Authorization 
                Act for Fiscal Year 2010'';
                    (B) by striking ``key cooperating nation for 
                logistical'' and inserting the following: ``key 
                cooperating nation for the following:
            ``(1) Logistical''; and
                    (C) by adding at the end the following:
            ``(2) Logistical, military, and other support, including 
        access, provided by that nation to or in connection with United 
        States military operations described in paragraph (1).'';
            (2) by redesignating subsections (b), (c), and (d) as 
        subsections (c), (d), and (e), respectively; and
            (3) by inserting after subsection (a) the following new 
        subsection:

    ``(b) Other Support.--Using funds described in subsection (a)(2), 
the Secretary of Defense may also assist any key cooperating nation 
supporting United States military operations in Operation Iraqi Freedom 
or Operation Enduring Freedom in Afghanistan through the following:
            ``(1) The provision of specialized training to personnel of 
        that nation in connection with such operations, including 
        training of such personnel before deployment in connection with 
        such operations.
            ``(2) The procurement and provision of supplies to that 
        nation in connection with such operations.
            ``(3) The procurement of specialized equipment and the 
        loaning of such specialized equipment to that nation on a non-
        reimbursable basis in connection with such operations.''.

    (b) Amounts of Support.--Paragraph (2) of subsection (c) of such 
section (as redesignated) is amended to read as follows:
            ``(2) Support.--Support authorized by subsection (b) may be 
        provided in such amounts as the Secretary of Defense, with the 
        concurrence of the Secretary of State and in consultation with 
        the Director of the Office of Management and Budget considers 
        appropriate.''.

    (c) Limitation on Amount.--Paragraph (1) of subsection (d) of such 
section (as redesignated) is amended by adding at the end the following: 
``The aggregate amount of reimbursements made under subsection (a) and 
support provided under subsection (b) during fiscal year 2010 may not 
exceed $1,600,000,000.''.
    (d) <<NOTE: Deadline.>> Notice to Congress.--Subsection (e) of such 
section (as redesignated) is amended by striking ``shall--'' and all 
that follows and inserting ``shall notify the appropriate congressional 
committees not later than 15 days before making any reimbursement under 
the authority in subsection (a) or providing any support under the 
authority in subsection (b). In the case of any reimbursement to 
Pakistan under the authority of this section, such notice shall be made 
in accordance with the notice requirements under section 1232(b).''.

    (e) Quarterly Reports.--Such section is further amended by adding at 
the end the following new subsection:
    ``(f) Quarterly Reports.--The Secretary of Defense shall submit to 
the appropriate congressional committees on a quarterly basis a report 
on any reimbursements made under the authority in subsection (a), and 
any support provided under the authority in subsection (b), during such 
quarter.''.

[[Page 123 STAT. 2521]]

    (f) Definition.--Such section is further amended by adding at the 
end the following new subsection:
    ``(g) Definition.--In this section, the term `appropriate 
congressional committees' means--
            ``(1) the Committee on Armed Services, the Committee on 
        Foreign Affairs, and the Committee on Appropriations of the 
        House of Representatives; and
            ``(2) the Committee on Armed Services, the Committee on 
        Foreign Relations, and the Committee on Appropriations of the 
        Senate.''.

    (g) Extension of Notice Requirement Relating to Reimbursement of 
Pakistan for Support Provided by Pakistan.--Section 1232(b)(6) of the 
National Defense Authorization Act for Fiscal Year 2008 (Public Law 110-
181; 122 Stat. 393), as amended by section 1217(d) of the Duncan Hunter 
National Defense Authorization Act for Fiscal Year 2009 (Public Law 110-
417; 122 Stat. 4635), is further amended by striking ``September 30, 
2010'' and inserting ``September 30, 2011''.
SEC. 1224. PAKISTAN COUNTERINSURGENCY FUND.

    (a) Availability.--
            (1) Amounts in the fund.--The Pakistan Counterinsurgency 
        Fund (in this section referred to as the ``Fund'') shall consist 
        of the following:
                    (A) Amounts appropriated to the Fund for fiscal year 
                2009.
                    (B) Amounts transferred to the Fund pursuant to 
                subsection (d).
            (2) Initial assessment required.--Concurrent with the 
        initial use of funds available under this section, the Secretary 
        of Defense shall submit to the appropriate congressional 
        committees a report setting forth an assessment by the Secretary 
        as to whether the Government of Pakistan is making concerted 
        efforts to confront the threat posed by al Qa'ida, the Taliban, 
        and other militant extremists based on the national security 
        interests of Pakistan.

    (b) Use of Funds.--
            (1) In general.--Amounts in the Fund shall be made available 
        to the Secretary of Defense, with the concurrence of the 
        Secretary of State, to provide assistance (including program 
        management and the provision of equipment, supplies, services, 
        training, facility and infrastructure repair, renovation, and 
        construction) to the security forces of Pakistan (including 
        military forces, police forces, and the Frontier Corps) to build 
        and maintain the counterinsurgency capability of such forces, 
        and of which not more than $4,000,000 may be made available to 
        provide humanitarian assistance to the people of Pakistan only 
        as part of civil-military training exercises for such forces 
        receiving assistance under the Fund.
            (2) Relation to other authorities.--Except as otherwise 
        provided in section 1225 of this Act, amounts in the Fund are 
        authorized to be made available subject only to the terms and 
        conditions of this section and notwithstanding any other 
        provision of law. The authority to provide assistance under this 
        subsection is in addition to any other authority to provide 
        assistance to foreign countries.

    (c) Transfers From Fund.--

[[Page 123 STAT. 2522]]

            (1) In general.--The Secretary of Defense may transfer such 
        amounts as the Secretary determines to be appropriate from the 
        Fund--
                    (A) to any account available to the Department of 
                Defense, or
                    (B) with the concurrence of the Secretary of State 
                and head of the relevant Federal department or agency, 
                to any other non-intelligence related Federal account,
        for purposes consistent with this section.
            (2) Treatment of transferred funds.--Subject to subsection 
        (b)(2), amounts transferred to an account under the authority of 
        paragraph (1) shall be merged with amounts in such account and 
        shall be made available for the same purposes, and subject to 
        the same conditions and limitations, as amounts in such account.
            (3) Transfers back to fund.--Upon a determination by the 
        Secretary of Defense with respect to funds transferred under 
        paragraph (1)(A), or the head of the other Federal department or 
        agency with the concurrence of the Secretary of State with 
        respect to funds transferred under paragraph (1)(B), that all or 
        part of amounts transferred from the Fund under paragraph (1) 
        are not necessary for the purpose provided, such amounts may be 
        transferred back to the Fund and shall be made available for the 
        same purposes, and subject to the same conditions and 
        limitations, as originally applicable under subsection (b).

    (d) Transfers to Fund.--
            (1) In general.--The Fund may include amounts transferred by 
        the Secretary of State, with the concurrence of the Secretary of 
        Defense, under any authority of the Secretary of State to 
        transfer funds under any provision of law.
            (2) Treatment of transferred funds.--Amounts transferred to 
        the Fund under the authority of paragraph (1) shall be subject 
        to any restriction relating to payments for Letters of Offer and 
        Acceptance as a condition of the authority to transfer funds 
        under paragraph (1), and merged with amounts in the Fund and 
        shall be made available for the same purposes, and subject to 
        the same conditions and limitations, as amounts in the Fund.

    (e) Congressional <<NOTE: Time period.>> Notification.--Amounts in 
the Fund may not be transferred from the Fund under this section until 
15 days after the date on which the Secretary of Defense notifies the 
appropriate congressional committees in writing of the details of the 
proposed transfer.

    (f) Quarterly Reports.--Not later than 30 days after the end of each 
fiscal quarter, the Secretary of Defense shall submit to the appropriate 
congressional committees a report that summarizes, on a project-by-
project basis, any transfer of funds from the Fund under this section 
during such fiscal quarter.
    (g) Appropriate Congressional Committees Defined.--In this section, 
the term ``appropriate congressional committees'' means--
            (1) the Committee on Armed Services, the Committee on 
        Foreign Affairs, and the Committee on Appropriations of the 
        House of Representatives; and

[[Page 123 STAT. 2523]]

            (2) the Committee on Armed Services, the Committee on 
        Foreign Relations, and the Committee on Appropriations of the 
        Senate.

    (h) Sunset.--
            (1) In general.--Except as provided in paragraph (2), the 
        authority provided under this section terminates at the close of 
        September 30, 2010.
            (2) Exception.--Any program supported from amounts in the 
        Fund established before the close of September 30, 2010, may be 
        completed after that date but only using amounts appropriated or 
        transferred to the Fund on or before that date.
SEC. 1225. <<NOTE: 22 USC 2785 note.>> PROGRAM TO PROVIDE FOR THE 
                          REGISTRATION AND END-USE MONITORING OF 
                          DEFENSE ARTICLES AND DEFENSE SERVICES 
                          TRANSFERRED TO AFGHANISTAN AND PAKISTAN.

    (a) Program Required.--
            (1) In general.--The Secretary of Defense shall establish 
        and carry out a program to provide for the registration and end-
        use monitoring of defense articles and defense services 
        transferred to Afghanistan and Pakistan in accordance with the 
        requirements under subsection (b) and to prohibit the retransfer 
        of such defense articles and defense services without the 
        consent of the United States. The program required under this 
        subsection shall be limited to the transfer of defense articles 
        and defense services--
                    (A) pursuant to authorities other than the Arms 
                Export Control Act or the Foreign Assistance Act of 
                1961; and
                    (B) using funds made available to the Department of 
                Defense, including funds available pursuant to the 
                Pakistan Counterinsurgency Fund.
            (2) Prohibition.--No defense articles or defense services 
        that would be subject to the program required under this 
        subsection may be transferred to--
                    (A) the Government of Afghanistan or any other 
                group, organization, citizen, or resident of 
                Afghanistan, or
                    (B) the Government of Pakistan or any other group, 
                organization, citizen, or resident of Pakistan,
        until the Secretary of Defense certifies to the specified 
        congressional committees that the program required under this 
        subsection has been established.

    (b) Registration and End-use Monitoring Requirements.--The 
registration and end-use monitoring requirements under this subsection 
shall include the following:
            (1) A detailed record of the origin, shipping, and 
        distribution of defense articles and defense services 
        transferred to--
                    (A) the Government of Afghanistan and other groups, 
                organizations, citizens, and residents of Afghanistan; 
                and
                    (B) the Government of Pakistan and other groups, 
                organizations, citizens, and residents of Pakistan.
            (2) The registration of the serial numbers of all small arms 
        to be provided to--
                    (A) the Government of Afghanistan and other groups, 
                organizations, citizens, and residents of Afghanistan; 
                and
                    (B) the Government of Pakistan and other groups, 
                organizations, citizens, and residents of Pakistan.

[[Page 123 STAT. 2524]]

            (3) A program of end-use monitoring of lethal defense 
        articles and defense services transferred to the entities and 
        individuals described in subparagraphs (A) and (B) of paragraph 
        (1).

    (c) Review; Exemption.--
            (1) Review.--The Secretary of Defense shall periodically 
        review the defense articles and defense services subject to the 
        registration and end-use monitoring requirements under 
        subsection (b) to determine which defense articles and defense 
        services, if any, should no longer be subject to such 
        registration and end-use monitoring requirements. The Secretary 
        of Defense shall submit to the specified congressional 
        committees the results of each review conducted under this 
        paragraph.
            (2) Exemption.-- <<NOTE: Effective date. Notification.>> The 
        Secretary of Defense may exempt a defense article or defense 
        service from the registration and end-use monitoring 
        requirements under subsection (b) beginning on the date that is 
        30 days after the date on which the Secretary provides notice of 
        the proposed exemption to the specified congressional 
        committees. Such notice shall describe any controls to be 
        imposed on such defense article or defense service, as the case 
        may be, under any other provision of law.

    (d) Definitions.--In this section:
            (1) Defense article.--The term ``defense article'' has the 
        meaning given the term in section 644(d) of the Foreign 
        Assistance Act of 1961 (22 U.S.C. 2403(d)).
            (2) Defense service.--The term ``defense service'' has the 
        meaning given the term in section 644(f) of the Foreign 
        Assistance Act of 1961 (22 U.S.C. 2403(f)).
            (3) Small arm.--The term ``small arm'' means--
                    (A) a handgun or pistol;
                    (B) a shoulder-fired weapon, including a sub-
                carbine, carbine, or rifle;
                    (C) a light, medium, or heavy automatic weapon up to 
                and including a .50 caliber machine gun;
                    (D) a recoilless rifle up to and including 106mm;
                    (E) a mortar up to and including 81mm;
                    (F) a rocket launcher, man-portable;
                    (G) a grenade launcher, rifle and shoulder fired; 
                and
                    (H) an individually-operated weapon which is 
                portable or can be fired without special mounts or 
                firing devices and which has potential use in civil 
                disturbances and is vulnerable to theft.
            (4) Specified congressional committees.--The term 
        ``specified congressional committees'' means--
                    (A) the Committee on Foreign Affairs and the 
                Committee on Armed Services of the House of 
                Representatives; and
                    (B) the Committee on Foreign Relations and the 
                Committee on Armed Services of the Senate.

    (e) Effective Date.--
            (1) In general.--Except as provided in paragraph (2), this 
        section shall take effect 180 days after the date of the 
        enactment of this Act.
            (2) Exception.-- <<NOTE: Time period. Certification.>> The 
        Secretary of Defense may delay the effective date of this 
        section by an additional period of up to 120 days if the 
        Secretary certifies in writing to the specified congressional 
        committees for such additional period that it

[[Page 123 STAT. 2525]]

        is in the vital interest of the United States to do so and 
        includes in the certification a description of such vital 
        interest.
SEC. 1226. REPORTS ON CAMPAIGN PLANS FOR IRAQ AND AFGHANISTAN.

    (a) Reports Required.--Not later than 180 days after the date of the 
enactment of this Act, the Comptroller General of the United States 
shall submit to the congressional defense committees separate reports 
containing assessments of the extent to which the campaign plan for Iraq 
and the campaign plan for Afghanistan (including the supporting and 
implementing documents for each such plan) each adhere to military 
doctrine (as defined in the Department of Defense's Joint Publication 5-
0, Joint Operation Planning), including the elements set forth in 
subsection (b).
    (b) Matters to Be Assessed.--The matters to be included in the 
assessments required under subsection (a) are as follows:
            (1) The extent to which each campaign plan identifies and 
        prioritizes the conditions that must be achieved in each phase 
        of the campaign.
            (2) The extent to which each campaign plan reports the 
        number of combat brigade teams and other forces required for 
        each campaign phase.
            (3) The extent to which each campaign plan estimates the 
        time needed to reach the desired end state and complete the 
        military portion of the campaign.

    (c) Update of Report.--The Comptroller General shall submit to the 
congressional defense committees an update of the report on the campaign 
plan for Iraq or the campaign plan for Afghanistan required under 
subsection (a) whenever the campaign plan for Iraq or the campaign plan 
for Afghanistan, as the case may be, is substantially updated or 
altered.
    (d) Exception.-- <<NOTE: Determination. Notification.>> If the 
Comptroller General determines that a report submitted to Congress by 
the Comptroller General before the date of the enactment of this Act 
substantially meets the requirements of subsection (a) for the 
submission of a report on the campaign plan for Iraq or the campaign 
plan for Afghanistan, the Comptroller General shall so notify the 
congressional defense committees in writing, but shall provide an update 
of the report as required under subsection (c).

    (e) Termination.--
            (1) Reports on iraq.--The requirement to submit updates of 
        reports on the campaign plan for Iraq under subsection (c) shall 
        terminate on December 31, 2011.
            (2) Reports on afghanistan.--The requirement to submit 
        updates of reports on the campaign plan for Afghanistan under 
        subsection (c) shall terminate on September 30, 2012.
SEC. 1227. <<NOTE: 50 USC 1541 note.>> REPORT ON RESPONSIBLE 
                          REDEPLOYMENT OF UNITED STATES ARMED 
                          FORCES FROM IRAQ.

    (a) Report Required.--Not later than 90 days after the date of the 
enactment of this Act, or December 31, 2009, whichever occurs later, and 
every 90 days thereafter, the Secretary of Defense shall submit to the 
appropriate congressional committees a report concerning the responsible 
redeployment of United States Armed Forces from Iraq in accordance with 
the policy announced by the President on February 27, 2009, and the 
Agreement Between the

[[Page 123 STAT. 2526]]

United States of America and the Republic of Iraq On the Withdrawal of 
United States Forces From Iraq and the Organization of Their Activities 
During Their Temporary Presence in Iraq.
    (b) Elements.--The report required under subsection (a) shall 
include the following elements:
            (1) The number of United States military personnel in Iraq 
        by service and component for each month of the preceding 90-day 
        period and an estimate of the personnel levels in Iraq for the 
        90-day period following submission of the report.
            (2) The number and type of military installations in Iraq 
        occupied by 100 or more United States military personnel and the 
        number of such military installations closed, consolidated, or 
        transferred to the Government of Iraq in the preceding 90-day 
        period.
            (3) An estimate of the number of military vehicles, 
        containers of equipment, tons of ammunition, or other 
        significant items belonging to the Department of Defense removed 
        from Iraq during the preceding 90-day period, an estimate of the 
        remaining amount of such items belonging to the Department of 
        Defense, and an assessment of the likelihood of successfully 
        removing, demilitarizing, or otherwise transferring all items 
        belonging to the Department of Defense from Iraq on or before 
        December 31, 2011.
            (4) An assessment of United States detainee operations and 
        releases. Such assessment should include the total number of 
        detainees held by the United States in Iraq, the number of 
        detainees in each threat level category, the number of detainees 
        who are not nationals of Iraq, the number of detainees 
        transferred to Iraqi authorities, the number of detainees who 
        were released from United States custody and the reasons for 
        their release, and the number of detainees who having been 
        released in the past were recaptured or had their remains 
        identified planning or after carrying out attacks on United 
        States or Coalition forces.
            (5) A listing of the objective and subjective factors 
        utilized by the commander of Multi-National Force-Iraq, 
        including any changes to that list in the case of an update to 
        the report, to determine risk levels associated with the 
        drawdown of United States Armed Forces, and the process and 
        timing that will be utilized by the commander of Multi-National 
        Force-Iraq and the Secretary of Defense to assess risk and make 
        recommendations to the President about either continuing the 
        redeployment of United States Armed Forces from Iraq in 
        accordance with the schedule announced by the President or 
        modifying the pace or timing of that redeployment.

    (c) Inclusion in Other Reports.--The report required under 
subsection (a) and any updates to the report may be included in any 
other required report on Iraq submitted to Congress by the Secretary of 
Defense.
    (d) Form.--The report required under subsection (a), whether or not 
included in another report on Iraq submitted to Congress by the 
Secretary of Defense, may include a classified annex.
    (e) Appropriate Congressional Committees.--In this section, the term 
``appropriate congressional committees'' means--
            (1) the Committee on Armed Services, the Committee on 
        Foreign Relations, the Select Committee on Intelligence, and the 
        Committee on Appropriations of the Senate; and

[[Page 123 STAT. 2527]]

            (2) the Committee on Armed Services, the Committee on 
        Foreign Affairs, the Permanent Select Committee on Intelligence, 
        and the Committee on Appropriations of the House of 
        Representatives.
SEC. 1228. REPORT ON COMMUNITY-BASED SECURITY PROGRAMS IN 
                          AFGHANISTAN.

    (a) Report Required.--Not later than 120 days after the date of the 
enactment of this Act, the Secretary of Defense shall submit to the 
congressional defense committees a report on the Afghan Public 
Protection Program and other similar programs for community-based 
security forces in Afghanistan (in this section collectively referred to 
as the ``programs'').
    (b) Matters To Be Included.--The report required under subsection 
(a) shall include the following elements:
            (1) An assessment of the programs in Afghanistan, including, 
        at a minimum, the following elements:
                    (A) A listing and short description of the programs, 
                including major elements of each program.
                    (B) An evaluation of the changes in security 
                conditions in the districts in which each program is 
                located, from each program's inception to the date of 
                the report.
                    (C) The extent to which the forces developed under 
                the programs are generally representative of the ethnic 
                groups in the respective districts in which the programs 
                are located.
                    (D) If the forces developed under the programs are 
                appropriately representative of the geographic area of 
                responsibility.
                    (E) An assessment of the effectiveness of each 
                program, including, to the extent practicable, the views 
                of the local communities and Afghan national, 
                provincial, and district governmental officials and 
                leaders of the local communities.
                    (F) Any formal reviews of the programs that are 
                planned for the future and the timelines on which the 
                reviews would be conducted, by whom the reviews would be 
                conducted, and the criteria that would be used.
                    (G) The selection criteria that were used to select 
                members of the program in the initial pilot districts 
                and how the members were vetted.
                    (H) The costs to the Department of Defense to 
                support the program in the initial pilot districts, to 
                include any Commanders' Emergency Response Program funds 
                spent as formal or informal incentives.
                    (I) The roles of the Afghanistan National Security 
                Forces (ANSF) in supporting and training forces under 
                each program.
                    (J) Any other criteria used to evaluate the programs 
                by the Commander of United States Forces-Afghanistan.
            (2) An assessment of the future of the programs, including, 
        at a minimum, the following elements:
                    (A) A description of the goals and objectives 
                expected to be met by the expansion of the programs or 
                the establishment of similar programs.
                    (B) A description of how such expansions would 
                support the functions of the Afghan National Police.

[[Page 123 STAT. 2528]]

                    (C) A description of how districts or provinces will 
                be chosen to participate in the programs, including an 
                explanation of the following:
                          (i) What mechanisms the Government of 
                      Afghanistan will use to select additional 
                      districts or provinces, including participants in 
                      the decision process and the criteria used.
                          (ii) How the views of relevant United States 
                      Government departments and agencies and of the 
                      North Atlantic Treaty Organization (NATO) 
                      International Security Assistance Force (ISAF) 
                      will be taken into account by the Government of 
                      Afghanistan when choosing districts or provinces 
                      to participate in the programs.
                          (iii) What process will be used to evaluate 
                      any changes to the programs as executed in the 
                      past to account for different or unique 
                      circumstances in additional areas of expansion.
                    (D) An assessment of personnel, assets, or funding 
                of the Department of Defense that would likely be 
                required to support any expansion of the programs.
                    (E) A description of the formal process, led by the 
                Government of Afghanistan, that will be used to evaluate 
                the programs, including a description of the following:
                          (i) A listing of the criteria that are 
                      expected to be considered in the process.
                          (ii) The roles in the process of--
                                    (I) the Government of Afghanistan;
                                    (II) relevant United States 
                                Government departments and agencies;
                                    (III) NATO-ISAF;
                                    (IV) nongovernmental representatives 
                                of the people of Afghanistan; and
                                    (V) any other appropriate 
                                individuals and entities.
                    (F) A description of whether members of the forces 
                developed under the programs will be transitioned to the 
                ANSF or to other employment in the future, including a 
                description of--
                          (i) the process that will be used to 
                      transition the forces;
                          (ii) additional training that may be required; 
                      and
                          (iii) how decisions will be made to transition 
                      the forces to the ANSF or other employment.
                    (G) The Afghan chain of command that will be used to 
                implement the programs and provide command and control 
                over the units created by the programs.
SEC. 1229. <<NOTE: 10 USC 113 note.>> UPDATES OF REPORT ON COMMAND 
                          AND CONTROL STRUCTURE FOR MILITARY 
                          FORCES OPERATING IN AFGHANISTAN.

    Section 1216(d) of the Duncan Hunter National Defense Authorization 
Act for Fiscal Year 2009 (Public Law 110-417; 122 Stat. 4634) is amended 
by adding at the end the following new sentence: ``Any update of the 
report required under subsection (c) may be included in the report 
required under section 1230 of

[[Page 123 STAT. 2529]]

the National Defense Authorization Act for Fiscal Year 2008 (Public Law 
110-181; 122 Stat. 385).''.
SEC. 1230. REPORT ON FEASIBILITY AND DESIRABILITY OF ESTABLISHING 
                          GENERAL UNIFORM PROCEDURES AND 
                          GUIDELINES FOR THE PROVISION OF MONETARY 
                          ASSISTANCE BY THE UNITED STATES TO 
                          CIVILIAN FOREIGN NATIONALS FOR LOSSES 
                          INCIDENT TO COMBAT ACTIVITIES OF THE 
                          ARMED FORCES.

    (a) Report.--The Secretary of Defense shall submit to Congress a 
report on the feasibility and the desirability of establishing general 
uniform procedures and guidelines for the provision by the United States 
of monetary assistance to civilian foreign nationals for losses, 
injuries, or death (hereafter ``harm'') incident to combat activities of 
the United States Armed Forces.
    (b) Matters To Be Included in Report.--The Secretary shall include 
in the report the following:
            (1) A description of the authorities under laws in effect as 
        of the date of the enactment of this Act for the United States 
        to provide compensation, monetary payments, or other assistance 
        to civilians who incur harm due directly or indirectly to the 
        combat activities of the United States Armed Forces.
            (2) A description of the practices in effect as of the date 
        of enactment of this Act for the United States to provide ex 
        gratia, solatia, or other types of condolence payments to 
        civilians who incur harm due directly or indirectly to the 
        combat activities of the United States Armed Forces.
            (3) A discussion of the historic practice of the United 
        States to provide compensation, other monetary payments, or 
        other assistance to civilian foreign nationals who incur harm 
        due directly or indirectly to combat activities of the United 
        States Armed Forces.
            (4) A discussion of the practice of the United States in 
        Operation Enduring Freedom and Operation Iraqi Freedom to 
        provide compensation, other monetary payments, or other 
        assistance to civilian foreign nationals who incur harm due 
        directly or indirectly to the combat activities of the United 
        States Armed Forces, including the procedures and guidelines 
        used and an assessment of its effectiveness. This discussion 
        will also include estimates of the total amount of funds 
        disbursed to civilian foreign nationals who have incurred harm 
        since the inception of Operation Iraqi Freedom and Operation 
        Enduring Freedom. This discussion will also include how such 
        procedures and guidelines compare to the processing of claims 
        filed under the Foreign Claims Act.
            (5) A discussion of the positive and negative effects of 
        using different authorities, procedures, and guidelines to 
        provide monetary assistance to civilian foreign nationals, based 
        upon the culture and economic circumstances of the local 
        populace and the operational impact on the military mission. 
        This discussion will also include whether the use of different 
        authorities, procedures, and guidelines has resulted in 
        disparate monetary assistance to civilian foreign nationals who 
        have incurred substantially similar harm, and if so, the 
        frequency and effect of such results.
            (6) A discussion of the positive and negative effects of 
        establishing general uniform procedures and guidelines for the

[[Page 123 STAT. 2530]]

        provision of such assistance, based upon the goals of timely 
        commencement of a program of monetary assistance, efficient and 
        effective implementation of such program, and consistency in the 
        amount of assistance in relation to the harm incurred. This 
        discussion will also include whether the implementation of 
        general uniform procedures and guidelines would create a legally 
        enforceable entitlement to ``compensation'' and, if so, any 
        potential significant operational impact arising from such an 
        entitlement.
            (7) Assuming general uniform procedures and guidelines were 
        to be established, a discussion of the following:
                    (A) Whether such assistance should be limited to 
                specified types of combat activities or operations, 
                e.g., such as during counterinsurgency operations.
                    (B) Whether such assistance should be contingent 
                upon a formal determination that a particular combat 
                activity/operation is a qualifying activity, and the 
                criteria, if any, for such a determination.
                    (C) Whether a time limit from the date of loss for 
                providing such assistance should be prescribed.
                    (D) Whether only monetary or other types of 
                assistance should be authorized, and what types of 
                nonmonetary assistance, if any, should be authorized.
                    (E) Whether monetary value limits should be placed 
                on the assistance that may be provided, or whether the 
                determination to provide assistance and, if so, the 
                monetary value of such assistance, should be based, in 
                whole or in part, on a legal advisor's assessment of the 
                facts.
                    (F) Whether a written record of the determination to 
                provide or to not provide such assistance should be 
                maintained and a copy made available to the civilian 
                foreign national.
                    (G) Whether in the event of a determination to not 
                provide such assistance the civilian foreign national 
                should be afforded the option of a review of the 
                determination by a higher ranking authority.

    (c) Recommendations.--The Secretary shall include in the report such 
recommendations as the Secretary considers appropriate for legislative 
or administrative action with respect to the matters discussed in the 
report.
    (d) Submission of Report.--The report shall be submitted not later 
than 180 days after the date of the enactment of this Act. The report 
shall be submitted in unclassified form, but may include a classified 
annex.
SEC. 1231. ASSESSMENT AND REPORT ON UNITED STATES-PAKISTAN 
                          MILITARY RELATIONS AND COOPERATION.

    (a) Assessment Required.--The Secretary of Defense, in consultation 
with the Secretary of State, shall conduct an assessment of possible 
alternatives to reimbursements to Pakistan for logistical, military, or 
other support provided by Pakistan to or in connection with United 
States military operations, which could encourage the Pakistani military 
to undertake counterterrorism and counterinsurgency operations and 
achieve the goals and objectives for long-term United States-Pakistan 
military relations and cooperation.
    (b) Report.--Not later than 180 days after the date of the enactment 
of this Act, the Secretary of Defense shall submit to

[[Page 123 STAT. 2531]]

the appropriate congressional committees a report on the assessment 
required under subsection (a).
    (c) Form.--The report required under subsection (b) shall be 
submitted in unclassified form, but may include a classified annex if 
necessary.
    (d) Appropriate Congressional Committees Defined.--In this section, 
the term ``appropriate congressional committees'' means--
            (1) the Committee on Armed Services, the Committee on 
        Foreign Affairs, and the Committee on Appropriations of the 
        House of Representatives; and
            (2) the Committee on Armed Services, the Committee on 
        Foreign Relations, and the Committee on Appropriations of the 
        Senate.
SEC. 1232. REPORT ON PROGRESS TOWARD SECURITY AND STABILITY IN 
                          PAKISTAN.

    (a) Report Required.-- <<NOTE: President.>> The President shall 
submit to Congress a report on the progress toward long-term security 
and stability in Pakistan. The report required under this subsection 
shall be submitted concurrent with the submission of each report under 
section 1232 of the National Defense Authorization Act for Fiscal Year 
2008 (Public Law 110-181; 122 Stat. 392), as amended by section 1217 of 
the Duncan Hunter National Defense Authorization Act for Fiscal Year 
2009 (Public Law 110-417; 122 Stat. 4634), on or after the date of the 
enactment of this Act.

    (b) Elements.--The report required under subsection (a) shall 
address, at a minimum, the following elements:
            (1) The effectiveness of efforts to achieve the following 
        strategic goals:
                    (A) To disrupt, dismantle, and defeat al Qa'ida, its 
                affiliated networks, and other extremist forces in 
                Pakistan.
                    (B) To eliminate the safe havens for such forces in 
                Pakistan.
                    (C) To prevent the return of such forces to Pakistan 
                or Afghanistan.
            (2) The effectiveness of United States security assistance 
        to Pakistan to achieve the strategic goals described in 
        paragraph (1).
            (3) For any strategic goal addressed under this subsection, 
        a description of any additional goals and objectives, and the 
        timelines for meeting such goals and objectives.
            (4) A description of the metrics used to assess progress 
        toward each goal and objective and along each timeline described 
        in paragraph (3).

    (c) Form.--The report required under subsection (a) shall be 
transmitted in unclassified form, but may contain a classified annex if 
necessary.
SEC. 1233. REPEAL OF GAO WAR-RELATED REPORTING REQUIREMENT.

    Section 1221(c) of the National Defense Authorization Act for Fiscal 
Year 2006 (Public Law 109-163; 119 Stat. 3462) <<NOTE: 10 USC 113 
note.>> is amended by striking the following: ``Based on these reports, 
the Comptroller General shall provide to Congress quarterly updates on 
the costs of Operation Iraqi Freedom and Operation Enduring Freedom.''.

[[Page 123 STAT. 2532]]

SEC. 1234. AUTHORITY TO TRANSFER DEFENSE ARTICLES AND PROVIDE 
                          DEFENSE SERVICES TO THE MILITARY AND 
                          SECURITY FORCES OF IRAQ AND AFGHANISTAN.

    (a) Authority.--The Secretary of Defense, with the concurrence of 
the Secretary of State, is authorized to transfer defense articles from 
the stocks of the Department of Defense, without reimbursement from the 
Government of Iraq or the Government of Afghanistan, and to provide 
defense services in connection with the transfer of such defense 
articles, to--
            (1) the military and security forces of Iraq to support the 
        efforts of those forces to restore and maintain peace and 
        security in that country; and
            (2) the military and security forces of Afghanistan to 
        support the efforts of those forces to restore and maintain 
        peace and security in that country.

    (b) Limitations.--
            (1) Value.--The aggregate replacement value of all defense 
        articles transferred and defense services provided under 
        subsection (a) may not exceed $750,000,000.
            (2) Source of transferred defense articles.--The authority 
        under subsection (a) may only be used for defense articles 
        that--
                    (A)(i) were present in Iraq as of the date of the 
                enactment of this Act;
                    (ii) immediately before the transfer were in use to 
                support operations in Iraq; and
                    (iii) are no longer required by United States forces 
                in Iraq; or
                    (B)(i) were present in Kuwait as of the date of 
                enactment of this Act;
                    (ii) prior to being transferred to Kuwait were in 
                use to support operations in Iraq; and
                    (iii) are no longer required by United States forces 
                in Iraq or Kuwait (as the case may be).

    (c) Applicable Law.--Any defense articles transferred or defense 
services provided to Iraq or Afghanistan under the authority of 
subsection (a) shall be subject to the authorities and limitations 
applicable to excess defense articles under section 516 of the Foreign 
Assistance Act of 1961 (22 U.S.C. 2321j), other than the authorities and 
limitations contained in subsections (b)(1)(B), (e), (f), and (g) of 
such section.
    (d) Report.--
            (1) In general.-- <<NOTE: Time period.>> The Secretary of 
        Defense may not exercise the authority under subsection (a) 
        until 30 days after the Secretary of Defense, with the 
        concurrence of the Secretary of State, provides the appropriate 
        congressional committees a report on the plan for the 
        disposition of equipment and other property of the Department of 
        Defense in Iraq or Kuwait (as the case may be).
            (2) Elements of report.--The report required under paragraph 
        (1) shall include the following elements:
                    (A) An assessment of--
                          (i) the types and quantities of defense 
                      articles required by the military and security 
                      forces of Iraq to support the efforts of those 
                      military and security forces to restore and 
                      maintain peace and security in Iraq; and

[[Page 123 STAT. 2533]]

                          (ii) the types and quantities of defense 
                      articles required by the military and security 
                      forces of Afghanistan to support the efforts of 
                      those military and security forces to restore and 
                      maintain peace and security in Afghanistan.
                    (B) A description of the authorities available for 
                addressing the requirements identified in subparagraph 
                (A).
                    (C) A description of the process for inventorying 
                equipment and property, including defense articles, in 
                Iraq or Kuwait owned by the Department of Defense, 
                including equipment and property owned by the Department 
                of Defense and under the control of contractors in Iraq.
                    (D) A description of the types of defense articles 
                that the Department of Defense intends to transfer to 
                the military and security forces of Iraq and an estimate 
                of the quantity of such defense articles to be 
                transferred.
                    (E) A description of the types of defense articles 
                that the Department of Defense intends to transfer to 
                the military and security forces of Afghanistan and an 
                estimate of the quantity of such defense articles to be 
                transferred.
                    (F) A description of the process by which potential 
                requirements, including requirements related to 
                responding to natural disasters and other domestic 
                emergencies in the continental United States, for 
                defense articles to be transferred under the authority 
                provided in subsection (a), other than the requirements 
                of the security forces of Iraq or Afghanistan, are 
                identified and the mechanism for resolving any potential 
                conflicting requirements for such defense articles.
                    (G) A description of the plan, if any, for 
                reimbursing military departments from which non-excess 
                defense articles are transferred under the authority 
                provided in subsection (a).
                    (H) An assessment of the efforts by the Government 
                of Iraq to identify the requirements of the military and 
                security forces of Iraq for defense articles to support 
                the efforts of those forces to restore and maintain 
                peace and security in that country.
                    (I) An assessment of the ability of the Governments 
                of Iraq and Afghanistan to absorb the costs associated 
                with possessing and using the defense articles to be 
                transferred.
                    (J) A description of the steps taken by the 
                Government of Iraq to procure or acquire defense 
                articles to meet the requirements of the military and 
                security forces of Iraq, including through military 
                sales from the United States.

    (e) Notification.--
            (1) In general.-- <<NOTE: Time period.>> The Secretary of 
        Defense may not transfer defense articles or provide defense 
        services under subsection (a) until 15 days after the date on 
        which the Secretary of Defense, with the concurrence of the 
        Secretary of State, has provided notice of the proposed transfer 
        of defense articles or provision of defense services to the 
        appropriate congressional committees.
            (2) Contents.--Such notification shall include--

[[Page 123 STAT. 2534]]

                    (A) a description of the amount and type of each 
                defense article to be transferred or defense services to 
                be provided;
                    (B) a statement describing the current value of such 
                article and the estimated replacement value of such 
                article;
                    (C) a description of whether the article is 
                considered to be an excess defense article or a non-
                excess defense article;
                    (D) an identification of the military department 
                from which the defense articles being transferred are 
                drawn;
                    (E) an identification of the element of the military 
                or security force that is the proposed recipient of each 
                defense article to be transferred or defense service to 
                be provided; and
                    (F) <<NOTE: Certification. Determination.>> a 
                certification and determination by the Secretary of 
                Defense that--
                          (i) the defense articles to be transferred are 
                      required by the military and security forces of 
                      Iraq or the military and security forces of 
                      Afghanistan, as applicable, to build their 
                      capacity to restore and maintain peace and 
                      security in their country;
                          (ii) the government of the recipient country 
                      has agreed to accept and take possession of the 
                      defense articles to be transferred and to receive 
                      the defense services in connection with that 
                      transfer; and
                          (iii) the proposed transfer of such defense 
                      articles and the provision of defense services in 
                      connection with such transfer is in the national 
                      interest of the United States.

    (f) Quarterly Report.--
            (1) In general.--Not later than 90 days after the date of 
        the report provided under subsection (d), and every 90 days 
        thereafter during fiscal year 2010, the Secretary of Defense 
        shall report to the appropriate congressional committees on the 
        implementation of the authority under subsection (a). The report 
        shall include the replacement value of defense articles 
        transferred pursuant to subsection (a), both in the aggregate 
        and by military department, and services provided to Iraq and 
        Afghanistan during the previous 90 days.
            (2) Inclusion in other report.--The report required under 
        paragraph (1) may be included in the report required under 
        section 9204 of the Supplemental Appropriations Act, 2008 
        (Public Law 110-252; 122 Stat. 2410) or any follow on report to 
        such other report.

    (g) Definitions.--In this section:
            (1) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means--
                    (A) the Committee on Appropriations, the Committee 
                on Armed Services, and the Committee on Foreign Affairs 
                of the House of Representatives; and
                    (B) the Committee on Appropriations, the Committee 
                on Armed Services, and the Committee on Foreign 
                Relations of the Senate.
            (2) Defense articles.--The term ``defense articles'' has the 
        meaning given the term in section 644(d) of the Foreign 
        Assistance Act of 1961 (22 U.S.C. 2403(d)).

[[Page 123 STAT. 2535]]

            (3) Defense services.--The term ``defense services'' has the 
        meaning given the term in section 644(f) of such Act (22 U.S.C. 
        2403(f)).
            (4) Military and security forces.--The term ``military and 
        security forces'' means national armies, national air forces, 
        national navies, national guard forces, police forces and border 
        security forces, but does not include non-governmental or 
        irregular forces (such as private militias).

    (h) Expiration.--The authority provided under subsection (a) may not 
be exercised after September 30, 2010.
    (i) Excess Defense Articles.--
            (1) Additional authority.--The authority provided by 
        subsection (a) is in addition to the authority provided by 
        section 516 of the Foreign Assistance Act of 1961.
            (2) Aggregate value.--The value of excess defense articles 
        transferred to Iraq or Afghanistan during fiscal year 2010 
        pursuant to section 516 of the Foreign Assistance Act of 1961 
        shall not be counted against the limitation on the aggregate 
        value of excess defense articles transferred contained in 
        subsection (g) of such Act or against the limitation on the 
        aggregate value of defense articles transferred contained in 
        subsection (b)(1) of this section.

    (j) Rule of Construction.--Nothing in this section shall be 
construed as to provide the authority to refurbish, transport, or 
otherwise assist in the transfer to Iraq or Afghanistan of excess 
defense articles outside of Iraq or Kuwait as of the date of the 
enactment of this Act.
SEC. 1235. ANALYSIS OF REQUIRED FORCE LEVELS AND TYPES OF FORCES 
                          NEEDED TO SECURE SOUTHERN AND EASTERN 
                          REGIONS OF AFGHANISTAN.

    (a) Study Required.--The Secretary of Defense may, in support of the 
Commander of United States Forces for Afghanistan (USFOR-A), enter into 
a contract with a Federally Funded Research Development Center (FFRDC) 
to provide an analysis of the required force levels and types of forces 
needed to implement the Commander's strategic objectives in Afghanistan, 
including securing the southern and eastern regions of Afghanistan in 
order to provide a space for the Government of Afghanistan to establish 
effective government control and provide the Afghan security forces with 
the required training and mentoring.
    (b) Funding.--From funds made available for the Department of 
Defense by section 301(5) for operation and maintenance, Defense-wide 
activities, $3,000,000 may be used to carry out subsection (a).
SEC. 1236. MODIFICATION OF REPORT ON PROGRESS TOWARD SECURITY AND 
                          STABILITY IN AFGHANISTAN.

    (a) Report Required.--Subsection (a) of section 1230 of the National 
Defense Authorization Act for Fiscal Year 2008 (Public Law 110-181; 122 
Stat. 385) is amended by striking ``2010'' and inserting ``2011''.
    (b) Matters to Be Included: Strategic Direction of United States 
Activities Relating to Security and Stability in Afghanistan.--
Subsection (c) of such section is amended--
            (1) in paragraph (1)--
                    (A) by redesignating subparagraph (B) as 
                subparagraph (C); and

[[Page 123 STAT. 2536]]

                    (B) by inserting after subparagraph (A) the 
                following new subparagraph:
                    ``(B) A description of commitments or agreements by 
                NATO ISAF countries regarding the following:
                          ``(i) Mutually agreed upon goals.
                          ``(ii) Strategies to achieve such goals.
                          ``(iii) Resource and force requirements.
                          ``(iv) Commitments and pledges of support 
                      regarding troops and resource levels.'';
            (2) by redesignating paragraphs (2) through (6) as 
        paragraphs (3) through (7), respectively; and
            (3) by inserting after paragraph (1) the following new 
        paragraph:
            ``(2) Non-nato isaf troop-contributing countries.--A 
        description of commitments or agreements with non-NATO ISAF 
        troop-contributing countries regarding the following:
                    ``(A) Mutually agreed upon goals.
                    ``(B) Strategies to achieve such goals.
                    ``(C) Resource and force requirements.
                    ``(D) Commitments and pledges of support regarding 
                troops and resource levels.''.

    (c) Matters to Be Included: Performance Indicators and Measures of 
Progress Toward Sustainable Long-term Security and Stability in 
Afghanistan.--Subsection (d)(2) of such section is amended--
            (1) in subparagraph (A), by striking ``individual NATO ISAF 
        countries'' and inserting ``each individual NATO ISAF country'';
            (2) by redesignating subparagraphs (C) through (K) as 
        subparagraphs (D) through (L), respectively;
            (3) by inserting after subparagraph (B) the following new 
        subparagraph:
                    ``(C) With respect to non-NATO ISAF troop-
                contributing countries, a listing of contributions from 
                each individual country, including levels of troops and 
                equipment, the effect of contributions on operations, 
                and unfulfilled commitments.'';
            (4) by redesignating subparagraphs (F) through (L) (as 
        redesignated) as subparagraphs (G) through (M), respectively;
            (5) by inserting after subparagraph (E) (as redesignated) 
        the following new subparagraph:
                    ``(F) An assessment of progress in ending the 
                ability of the insurgency (including the Taliban, Al 
                Qaeda, and other anti-government elements), to establish 
                control over the population of Afghanistan or regions of 
                Afghanistan and establish safe havens in Afghanistan, 
                and to conduct attacks inside or outside Afghanistan 
                from such safe havens.''; and
            (6) in subparagraph (J) (as redesignated)--
                    (A) by redesignating clause (ii) as clause (iv); and
                    (B) by inserting after clause (i) the following:
                          ``(ii) The coordination of reconstruction and 
                      development activities in Afghanistan, including--
                                    ``(I) the roles of members of the 
                                Armed Forces and non-Armed Forces 
                                personnel within the staffing of United 
                                States-led Provincial Reconstruction 
                                Teams;

[[Page 123 STAT. 2537]]

                                    ``(II) the use of members of the 
                                Armed Forces for reconstruction, 
                                development, and capacity building 
                                programs outside the jurisdiction of the 
                                Department of Defense; and
                                    ``(III) the coordination between 
                                United States-led and other 
                                international-led programs to develop 
                                the capacity of national, provincial, 
                                and local government and other civil 
                                institutions as well as reconstruction 
                                and development activities in 
                                Afghanistan.
                          ``(iii) Unfilled staffing and resource 
                      requirements for United States reconstruction, 
                      development, and civil institution capacity 
                      building programs.''.

    (d) Conforming Amendment.--Subsection (d)(2) of such section, as 
amended, is further amended in subparagraph (K) (as redesignated) by 
striking ``subsection (c)(4)'' and inserting ``subsection (c)(5)''.
    (e) Effective Date.--The amendments made by this section shall apply 
with respect to any report required to be submitted under section 1230 
of the National Defense Authorization Act for Fiscal Year 2008 (Public 
Law 110-181; 122 Stat. 385) after December 31, 2009.
SEC. 1237. NO PERMANENT MILITARY BASES IN AFGHANISTAN.

    None of the funds authorized to be appropriated by this Act may be 
obligated or expended by the United States Government to establish any 
military installation or base for the purpose of providing for the 
permanent stationing of United States Armed Forces in Afghanistan.

                        Subtitle C--Other Matters

SEC. 1241. REPORT ON UNITED STATES ENGAGEMENT WITH IRAN.

    (a) In General.-- <<NOTE: President.>> Not later than January 31, 
2010, the President shall submit to Congress a report on United States 
engagement with Iran.

    (b) Elements.--The report required by subsection (a) shall include 
the following:
            (1) Diplomatic engagement.--With respect to diplomatic 
        engagement, the following:
                    (A) A description of areas of mutual interest to the 
                Government of the United States and the Government of 
                the Islamic Republic of Iran in which cooperation and 
                discussion could be of mutual interest.
                    (B) A discussion and assessment of the commitment of 
                the Government of the Islamic Republic of Iran to engage 
                in good-faith discussions with the United States to 
                resolve matters of concern through negotiation.
                    (C) An assessment of direct contacts between the 
                Government of the United States and the Government of 
                the Islamic Republic of Iran, including any direct 
                discussions, exchange of letters, or other activities.
            (2) Support for terrorism.--An assessment of the types and 
        amount of support provided by Iran to groups designated by the 
        United States as foreign terrorist organizations and

[[Page 123 STAT. 2538]]

        regional militant groups, including organizations and groups 
        present in Iraq and Afghanistan.
            (3) Nuclear activities.--With respect to nuclear activities, 
        an assessment of the extent to which the Government of the 
        Islamic Republic of Iran has complied with United Nations 
        Security Council Resolutions 1696 (2006), 1737 (2006), 1747 
        (2007), 1803 (2008), and 1835 (2008), and with any other 
        applicable resolutions adopted by the United Nations Security 
        Council as of the date of the report.
            (4) Missile activities.--With respect to missile activities, 
        an assessment of the extent to which the Government of the 
        Islamic Republic of Iran has continued development of its 
        ballistic missile program, including participation in any 
        imports or exports of any items, materials, goods, and 
        technologies related to that program and has complied with 
        applicable United Nations Security Council Resolutions.
            (5) Support to narcotics network in afghanistan.--With 
        respect to support to the narcotics network in Afghanistan, an 
        assessment of the extent to which the Government of the Islamic 
        Republic of Iran, or agencies under that government, has or have 
        supported or facilitated the narcotics trade in Afghanistan.
            (6) Sanctions against iran.--With regard to sanctions 
        against Iran--
                    (A) a list of all current United States bilateral 
                and multilateral sanctions against Iran;
                    (B) a description and discussion of United States 
                diplomatic efforts to enforce bilateral and multilateral 
                sanctions against Iran and to strengthen international 
                efforts to enforce such sanctions;
                    (C) an assessment of the impact and effectiveness of 
                existing bilateral and multilateral sanctions against 
                Iran in achieving United States goals;
                    (D) a list of all United States and foreign 
                registered entities that the Secretary of State has 
                determined to be engaged in activities in violation of 
                existing United States bilateral or multilateral 
                sanctions against Iran; and
                    (E) a summary of United States efforts to enforce 
                sanctions against Iran, including--
                          (i) a list of all investigations initiated in 
                      the 18-month period ending on the date of the 
                      enactment of this Act that have resulted in a 
                      determination that activities subject to sanctions 
                      have occurred; and
                          (ii) a description of the actions taken by the 
                      United States Government pursuant to each such 
                      determination.

    (c) Submittal of Similar Reports and Materials.--If any report or 
other material, whether required by law or not, submitted to Congress or 
any committee of Congress substantially responds to any requirement 
contained in this section, such requirement shall be considered to have 
been satisfied by including in the report required by subsection (a) a 
listing the title and date of the other such report or material so 
submitted.
    (d) Submittal in Classified Form.--The report required by subsection 
(a), or any part of such report, may be submitted in classified form if 
the President considers it appropriate.

[[Page 123 STAT. 2539]]

SEC. 1242. <<NOTE: Success in Countering Al Qaeda Reporting 
                          Requirements Act of 2009.>> ANNUAL 
                          COUNTERTERRORISM STATUS REPORTS.

    (a) Short Title.--This section may be cited as the ``Success in 
Countering Al Qaeda Reporting Requirements Act of 2009''.
    (b) Annual Counterterrorism Status Reports.--
            (1) In general.-- <<NOTE: President.>> Not later than 
        September 30, 2010, and every September 30 thereafter until 
        September 30, 2012, the President shall submit to Congress a 
        report that contains, for the most recent 12-month period, a 
        review of the counterterrorism strategy of the United States 
        Government, including--
                    (A) a <<NOTE: Assessment.>> detailed assessment of 
                the scope, status, and progress of United States 
                counterterrorism efforts in fighting Al Qaeda and its 
                related affiliates and undermining long-term support for 
                violent extremism;
                    (B) a judgment on the adequacy of interagency 
                integration of the counterterrorism programs and 
                activities of the Department of Defense, the Central 
                Intelligence Agency, the Department of State, the 
                Department of the Treasury, the Department of Homeland 
                Security, the Department of Justice, and other Federal 
                departments and agencies and the balance of resource 
                commitments among such departments and agencies;
                    (C) a delineation of the boundaries and integration 
                between--
                          (i) the strategic operational planning role of 
                      the National Counterterrorism Center (NCTC) for 
                      counterterrorism;
                          (ii) the operational planning role of the 
                      Department of Defense and, if applicable, the 
                      Central Intelligence Agency, for counterinsurgency 
                      and foreign internal defense;
                          (iii) the operational planning role of the 
                      Department of State and other Federal departments 
                      and agencies for diplomacy and foreign assistance 
                      to promote stability, human rights, prosperity, 
                      and other general United States foreign policy 
                      goals; and
                          (iv) the role of the President's National 
                      Security Council staff to coordinate the national 
                      security interagency process;
                    (D) <<NOTE: Determination.>> a determination of 
                whether the NCTC exercises the authority and has the 
                resources and expertise required to fulfill the 
                interagency strategic and operational planning role 
                described in section 119(j) of the National Security Act 
                of 1947 (50 U.S.C. 404o), as added by section 1012 of 
                the National Security Intelligence Reform Act of 2004 
                (title I of Public Law 108-458);
                    (E) a description of the efforts of the United 
                States Government to combat Al Qaeda and its related 
                affiliates and undermine violent extremist ideology, 
                which shall include--
                          (i) a specific list of the President's highest 
                      global counterterrorism priorities;
                          (ii) a description of the most challenging 
                      areas for progress, in meeting the priorities 
                      described in clause (i); and
                          (iii) efforts in those countries in which the 
                      President determines that--

[[Page 123 STAT. 2540]]

                                    (I) Al Qaeda and its related 
                                affiliates have a presence; or
                                    (II) acts of international terrorism 
                                have been perpetrated by Al Qaeda and 
                                its related affiliates;
                    (F) a specific list of United States 
                counterterrorism efforts, and the specific status and 
                achievements of such efforts, through integrated 
                military, financial, political, intelligence, 
                paramilitary, economic, and law enforcement elements, 
                relating to--
                          (i) bilateral security and training programs;
                          (ii) law enforcement and border security;
                          (iii) the disruption of terrorist networks; 
                      and
                          (iv) the denial of terrorist safe havens and 
                      sanctuaries;
                    (G) a description of United States Government 
                activities to counter terrorist recruitment and 
                radicalization, including coordinated interagency--
                          (i) strategic communications;
                          (ii) public diplomacy;
                          (iii) support for economic development and 
                      political reform; and
                          (iv) other efforts aimed at influencing public 
                      opinion;
                    (H) United States Government initiatives to 
                eliminate direct and indirect international financial 
                support for the activities of terrorist groups;
                    (I) activities by foreign governments to combat Al 
                Qaeda and its related affiliates and undermine violent 
                extremism, and the extent of their cooperation with the 
                United States Government;
                    (J) an analysis of the extent to which specific 
                Federal appropriations--
                          (i) have been mapped to agency tasks as 
                      directed in the NCTC's National Implementation 
                      Plan;
                          (ii) have produced tangible, calculable 
                      results in efforts to combat and defeat Al Qaeda, 
                      its related affiliates, and its violent ideology; 
                      or
                          (iii) contribute to investments that have 
                      expected payoffs in the medium- to long-term;
                    (K) statistical assessments, including those 
                developed by the National Counterterrorism Center, on 
                the number of individuals belonging to Al Qaeda and its 
                related affiliates that have been killed, injured, or 
                taken into custody as a result of United States and 
                foreign government counterterrorism efforts as compared 
                to estimates of the total number of personnel belonging 
                to Al Qaeda and its related affiliates; and
                    (L) a concise summary of the methods used by all 
                elements of the United States Government to assess and 
                evaluate progress in the Nation's overall 
                counterterrorism efforts, including the use of specific 
                measures, metrics, and indices.
            (2) Interagency cooperation.-- <<NOTE: President.>> In 
        preparing a report under this subsection, the President shall 
        include relevant information maintained by--
                    (A) the National Counterterrorism Center and the 
                National Counterproliferation Center;

[[Page 123 STAT. 2541]]

                    (B) the Department of Justice, including the Federal 
                Bureau of Investigation;
                    (C) the Department of State;
                    (D) the Department of Defense;
                    (E) the Department of Homeland Security;
                    (F) the Department of the Treasury;
                    (G) the Office of the Director of National 
                Intelligence, including the Central Intelligence Agency;
                    (H) the Office of Management and Budget;
                    (I) the United States Agency for International 
                Development; and
                    (J) any other Federal department that maintains 
                relevant information.
            (3) Report classification.--Each report required under this 
        subsection shall be submitted in an unclassified form, to the 
        maximum extent practicable, and accompanied by a classified 
        appendix, as appropriate.
SEC. 1243. REPORT ON UNITED STATES CONTRIBUTIONS TO THE UNITED 
                          NATIONS.

    Section 1225 of the John Warner National Defense Authorization Act 
for Fiscal Year 2007 (Public Law 109-364; 120 Stat. 2424) is amended--
            (1) in subsection (a), by striking ``until December 31, 
        2010, the President shall submit'' and inserting ``until 
        September 30, 2011, the Director of the Office of Management and 
        Budget shall submit''; and
            (2) by adding at the end the following:

    ``(c) Public Availability of Information.-- <<NOTE: Web 
posting.>> The Director of the Office of Management and Budget shall 
post a public version of each report submitted under subsection (a) on a 
text-based searchable and publicly available Internet Web site.''.
SEC. 1244. NATO SPECIAL OPERATIONS COORDINATION CENTER.

    (a) Authorization.--Of the amounts authorized to be appropriated for 
fiscal year 2010 pursuant to section 301(1) for operation and 
maintenance for the Army, to be derived from amounts made available for 
support of North Atlantic Treaty Organization (hereinafter in this 
section referred to as ``NATO'') operations, the Secretary of Defense is 
authorized to use up to $30,000,000 for the purposes set forth in 
subsection (b).
    (b) Purposes.--The Secretary shall provide funds for the NATO 
Special Operations Coordination Center (hereinafter in this section 
referred to as the ``NSCC'') to--
            (1) improve coordination and cooperation between the special 
        operations forces of NATO nations;
            (2) facilitate joint operations by the special operations 
        forces of NATO nations;
            (3) support special operations forces peculiar command, 
        control, and communications capabilities;
            (4) promote special operations forces intelligence and 
        informational requirements within the NATO structure; and
            (5) promote interoperability through the development of 
        common equipment standards, tactics, techniques, and procedures, 
        and through execution of a multinational education and training 
        program.

    (c) <<NOTE: Deadline.>> Certification.--Not less than 180 days after 
the date of enactment of this Act, the Secretary shall certify to the 
Committees

[[Page 123 STAT. 2542]]

on Armed Services of the Senate and House of Representatives that the 
Secretary of Defense has assigned executive agent responsibility for the 
NSCC to an appropriate organization within the Department of Defense, 
and detail the steps being undertaken by the Department of Defense to 
strengthen the role of the NSCC in fostering special operations 
capabilities within NATO.
SEC. 1245. ANNUAL REPORT ON MILITARY POWER OF IRAN.

    (a) Annual Report.--Not later than January 30 of each year, the 
Secretary of Defense shall submit to Congress a report, in both 
classified and unclassified form, on the current and future military 
strategy of Iran.
    (b) Matters to Be Included.--The report required under subsection 
(a) shall include a description of the security posture of Iran, 
including at least the following:
            (1) A description and assessment of Iranian grand strategy, 
        security strategy, and military strategy, including--
                    (A) the goals of Iran's grand strategy, security 
                strategy, and military strategy.
                    (B) trends in Iran's strategy that would be designed 
                to establish Iran as the leading power in the Middle 
                East and to enhance the influence of Iran in other 
                regions of the world; and
                    (C) Iranian strategy regarding other countries in 
                the region, including other specified countries.
            (2) An assessment of the capabilities of Iran's conventional 
        forces, including--
                    (A) the size and capabilities of Iran's conventional 
                forces;
                    (B) an analysis of the effectiveness of Iran's 
                conventional forces when facing United States forces in 
                the region and other specified countries;
                    (C) a description of Iranian military doctrine; and
                    (D) an estimate of the funding provided for each 
                branch of Iran's conventional forces.
            (3) An assessment of Iran's unconventional forces and 
        related activities, including--
                    (A) the size and capability of Iranian special 
                operations units, including the Iranian Revolutionary 
                Guard Corps-Quds Force;
                    (B) the types and amount of support, including 
                funding, lethal and non-lethal supplies, and training, 
                provided to groups designated by the United States as 
                foreign terrorist organizations and regional militant 
                groups, including Hezbollah, Hamas, and the Special 
                Groups in Iraq, in particular those forces as having 
                been assessed as to be willing to carry out terrorist 
                operations on behalf of Iran or in response to a 
                military attack by another country on Iran;
                    (C) an analysis of the effectiveness of Iran's 
                unconventional forces when facing United States forces 
                in the region and other specified countries in the 
                region; and
                    (D) an estimate of the amount of funds spent by Iran 
                to develop and support special operations forces and 
                terrorist groups.
            (4) An assessment of Iranian capabilities related to nuclear 
        and missile forces, including--

[[Page 123 STAT. 2543]]

                    (A) a summary of nuclear weapons capabilities and 
                developments in the preceding year;
                    (B) a summary of the capabilities of Iran's 
                ballistic missile forces, including developments in the 
                preceding year, the size of Iran's ballistic missile 
                forces and Iran's cruise missile forces, and the 
                locations of missile launch sites;
                    (C) a detailed analysis of the effectiveness of 
                Iran's ballistic missile forces and Iran's cruise 
                missile forces when facing United States forces in the 
                region and other specified countries; and
                    (D) an estimate of the amount of funding expended by 
                Iran since 2004 on programs to develop a capability to 
                build nuclear weapons or to enhance Iran's ballistic 
                missile forces.

    (c) Definitions.--In this section:
            (1) Iran's conventional forces.--The term ``Iran's 
        conventional forces''--
                    (A) means military forces of the Islamic Republic of 
                Iran designed to conduct operations on sea, air, or 
                land, other than Iran's unconventional forces and Iran's 
                ballistic missile forces and Iran's cruise missile 
                forces; and
                    (B) includes Iran's Army, Iran's Air Force, Iran's 
                Navy, and elements of the Iranian Revolutionary Guard 
                Corps, other than the Iranian Revolutionary Guard Corps-
                Quds Force.
            (2) Iran's unconventional forces.--The term ``Iran's 
        unconventional forces''--
                    (A) means forces of the Islamic Republic of Iran 
                that carry out missions typically associated with 
                special operations forces; and
                    (B) includes--
                          (i) the Iranian Revolutionary Guard Corps-Quds 
                      Force; and
                          (ii) any organization that--
                                    (I) has been designated a terrorist 
                                organization by the United States;
                                    (II) receives assistance from Iran; 
                                and
                                    (III)(aa) is assessed as being 
                                willing in some or all cases of carrying 
                                out attacks on behalf of Iran; or
                                    (bb) is assessed as likely to carry 
                                out attacks in response to a military 
                                attack by another country on Iran.
            (3) Iran's ballistic missile forces.--The term ``Iran's 
        ballistic missile forces'' means those elements of the military 
        forces of Iran that employ ballistic missiles.
            (4) Iran's cruise missile forces.--The term ``Iran's cruise 
        missile forces'' means those elements of the military forces of 
        Iran that employ cruise missiles capable of flights less than 
        500 kilometers.
            (5) Specified countries.--The term ``specified countries'' 
        means the countries in the same geographic region as Iran, 
        including Israel, Lebanon, Syria, Jordan, Iraq, Afghanistan, 
        Saudi Arabia, Turkey, Bahrain, Kuwait, the United Arab Emirates, 
        Armenia, and Azerbaijan.

[[Page 123 STAT. 2544]]

    (d) Termination.--The requirement to submit the report required 
under subsection (a) shall terminate on December 31, 2014.
SEC. 1246. ANNUAL REPORT ON MILITARY AND SECURITY DEVELOPMENTS 
                          INVOLVING THE PEOPLE'S REPUBLIC OF 
                          CHINA.

    (a) Annual Report.--Subsection (a) of section 1202 of the National 
Defense Authorization Act for Fiscal Year 2000 (Public Law 106-65; 113 
Stat. 781; 10 U.S.C. 113 note) is amended--
            (1) in the first sentence, by striking ``on the current and 
        future military strategy of the People's Republic of China'' and 
        inserting ``on military and security developments involving the 
        People's Republic of China'';
            (2) in the second sentence--
                    (A) by striking ``on the People's Liberation Army'' 
                and inserting ``of the People's Liberation Army''; and
                    (B) by striking ``Chinese grand strategy, security 
                strategy,'' and inserting ``Chinese security strategy''; 
                and
            (3) by adding at the end the following new sentence: ``The 
        report shall also address United States-China engagement and 
        cooperation on security matters during the period covered by the 
        report, including through United States-China military-to-
        military contacts, and the United States strategy for such 
        engagement and cooperation in the future.''.

    (b) Matters to Be Included.--Subsection (b) of such section, as 
amended by section 1263 of the National Defense Authorization Act for 
Fiscal Year 2008 (Public Law 110-181; 122 Stat. 407), is further 
amended--
            (1) in paragraph (1)--
                    (A) by striking ``goals of'' inserting ``goals and 
                factors shaping''; and
                    (B) by striking ``Chinese grand strategy, security 
                strategy,'' and inserting ``Chinese security strategy'';
            (2) by amending paragraph (2) to read as follows:
            ``(2) Trends in Chinese security and military behavior that 
        would be designed to achieve, or that are inconsistent with, the 
        goals described in paragraph (1).'';
            (3) in paragraph (6)--
                    (A) by inserting ``and training'' after ``military 
                doctrine''; and
                    (B) by striking ``, focusing on (but not limited to) 
                efforts to exploit a transformation in military affairs 
                or to conduct preemptive strikes''; and
            (4) by adding at the end the following new paragraphs:
            ``(10) In consultation with the Secretary of Energy and the 
        Secretary of State, developments regarding United States-China 
        engagement and cooperation on security matters.
            ``(11) The current state of United States military-to-
        military contacts with the People's Liberation Army, which shall 
        include the following:
                    ``(A) A comprehensive and coordinated strategy for 
                such military-to-military contacts and updates to the 
                strategy.
                    ``(B) A summary of all such military-to-military 
                contacts during the period covered by the report, 
                including a summary of topics discussed and questions 
                asked by the Chinese participants in those contacts.

[[Page 123 STAT. 2545]]

                    ``(C) A description of such military-to-military 
                contacts scheduled for the 12-month period following the 
                period covered by the report and the plan for future 
                contacts.
                    ``(D) The Secretary's assessment of the benefits the 
                Chinese expect to gain from such military-to-military 
                contacts.
                    ``(E) The Secretary's assessment of the benefits the 
                Department of Defense expects to gain from such 
                military-to-military contacts, and any concerns 
                regarding such contacts.
                    ``(F) The Secretary's assessment of how such 
                military-to-military contacts fit into the larger 
                security relationship between the United States and the 
                People's Republic of China.
            ``(12) Other military and security developments involving 
        the People's Republic of China that the Secretary of Defense 
        considers relevant to United States national security.''.

    (c) Conforming Amendment.--Such section is further amended in the 
heading by striking ``military power of'' and inserting ``military and 
security developments involving''.
    (d) Repeals.--Section 1201 of the National Defense Authorization Act 
for Fiscal Year 2000 (Public Law 106-65; 113 Stat. 779; 10 U.S.C. 168 
note) is amended by striking subsections (e) and (f).
    (e) <<NOTE: Applicability. 10 USC 113 note.>> Effective Date.--
            (1) In general.--The amendments made by this section shall 
        take effect on the date of the enactment of this Act, and shall 
        apply with respect to reports required to be submitted under 
        subsection (a) of section 1202 of the National Defense 
        Authorization Act for Fiscal Year 2000, as so amended, on or 
        after that date.
            (2) Strategy and updates for military-to-military contacts 
        with people's liberation army.--The requirement to include the 
        strategy described in paragraph (11)(A) of section 1202(b) of 
        the National Defense Authorization Act for Fiscal Year 2000, as 
        so amended, in the report required to be submitted under section 
        1202(a) of such Act, as so amended, shall apply with respect to 
        the first report required to be submitted under section 1202(a) 
        of such Act on or after the date of the enactment of this Act. 
        The requirement to include updates to such strategy shall apply 
        with respect to each subsequent report required to be submitted 
        under section 1202(a) of such Act on or after the date of the 
        enactment of this Act.
SEC. 1247. REPORT ON IMPACTS OF DRAWDOWN AUTHORITIES ON THE 
                          DEPARTMENT OF DEFENSE.

    (a) Report Required.--The Secretary of Defense shall submit to the 
congressional defense committees and the Committee on Foreign Affairs of 
the House of Representatives and the Committee on Foreign Relations of 
the Senate an annual report, in unclassified form but with a classified 
annex if necessary, on the impacts of drawdown authorities on the 
Department of Defense. The report required under this subsection shall 
be submitted concurrent with the budget submitted to Congress by the 
President pursuant to section 1105(a) of title 31, United States Code.
    (b) Elements of Report.--The report required under subsection (a) 
shall contain the following elements:

[[Page 123 STAT. 2546]]

            (1) A list of each drawdown for which a presidential 
        determination was issued in the preceding year.
            (2) A summary of the types and quantities of equipment that 
        was provided under each drawdown in the preceding year.
            (3) The cost to the Department of Defense to replace any 
        equipment transferred as part of each drawdown, not including 
        any depreciation, in the preceding year.
            (4) The cost to the Department of Defense of any other item, 
        including fuel or services, transferred as part of each drawdown 
        in the preceding year.
            (5) The total amount of funds transferred under each 
        drawdown in the preceding year.
            (6) An assessment by the Secretary of Defense and the 
        Chairman of the Joint Chiefs of Staff of the impact of transfers 
        carried out as part of drawdowns in the previous year on--
                    (A) the ability of the Armed Forces to meet the 
                requirements of ongoing overseas contingency operations;
                    (B) the level of risk associated with the ability of 
                the Armed Forces to execute the missions called for 
                under the National Military Strategy as described in 
                section 153(b) of title 10, United States Code;
                    (C) the ability of the Armed Forces to reset from 
                current contingency operations;
                    (D) the ability of both the active and Reserve 
                forces to conduct necessary training; and
                    (E) the ability of the Reserve forces to respond to 
                domestic emergencies.

    (c) Definitions.--In this section:
            (1) Drawdown.--The term ``drawdown'' means any transfer or 
        package of transfers of equipment, services, fuel, funds or any 
        other items carried out pursuant to a presidential determination 
        issued under a drawdown authority.
            (2) Drawdown authority.--The term ``drawdown authority''--
                    (A) means an authority under--
                          (i) section 506(a) (1) or (2) of the Foreign 
                      Assistance Act of 1961 (22 U.S.C. 2318(a) (1) or 
                      (2));
                          (ii) section 552(c)(2) of the Foreign 
                      Assistance Act of 1961 (22 U.S.C. 2348a(c)(2)); or
                          (iii) any other substantially similar 
                      provision of law; but
                    (B) does not include the authority provided under 
                section 1234 (relating to authority to transfer defense 
                articles and provide defense services to the military 
                and security forces of Iraq and Afghanistan).

    (d) Termination.--The requirement to submit the report required 
under subsection (a) shall terminate on December 31, 2013.
SEC. 1248. RISK ASSESSMENT OF UNITED STATES SPACE EXPORT CONTROL 
                          POLICY.

    (a) Assessment Required.--The Secretary of Defense and the Secretary 
of State shall carry out an assessment of the national security risks of 
removing satellites and related components from the United States 
Munitions List.
    (b) Matters to Be Included.--The assessment required under 
subsection (a) shall included the following matters:

[[Page 123 STAT. 2547]]

            (1) A review of the space and space-related technologies 
        currently on the United States Munitions List, to include 
        satellite systems, dedicated subsystems, and components.
            (2) An assessment of the national security risks of removing 
        certain space and space-related technologies identified under 
        paragraph (1) from the United States Munitions List.
            (3) An examination of the degree to which other nations' 
        export control policies control or limit the export of space and 
        space-related technologies for national security reasons.
            (4) Recommendations for--
                    (A) the space and space-related technologies that 
                should remain on, or may be candidates for removal from, 
                the United States Munitions List based on the national 
                security risk assessment required paragraph (2);
                    (B) the safeguards and verifications necessary to--
                          (i) prevent the proliferation and diversion of 
                      such space and space-related technologies;
                          (ii) confirm appropriate end use and end 
                      users; and
                          (iii) minimize the risk that such space and 
                      space-related technologies could be used in 
                      foreign missile, space, or other applications that 
                      may pose a threat to the security of the United 
                      States; and
                    (C) improvements to the space export control policy 
                and processes of the United States that do not adversely 
                affect national security.

    (c) Consultation.--In conducting the assessment required under 
subsection (a), the Secretary of Defense and the Secretary of State may 
consult with the heads of other relevant departments and agencies of the 
United States Government as the Secretaries determine is necessary.
    (d) Report.--Not later than 180 days after the date of the enactment 
of this Act, the Secretary of Defense and the Secretary of State shall 
submit to the congressional defense committees and the Committee on 
Foreign Affairs of the House of Representatives and the Committee on 
Foreign Relations of the Senate a report on the assessment required 
under subsection (a). The report shall be in unclassified form but may 
include a classified annex.
    (e) Definition.--In this section, the term ``United States Munitions 
List'' means the list referred to in section 38(a)(1) of the Arms Export 
Control Act (22 U.S.C. 2778(a)(1)).
SEC. 1249. PATRIOT AIR AND MISSILE DEFENSE BATTERY IN POLAND.

    (a) Findings.--Congress makes the following findings:
            (1) On August 20, 2008, representatives of the governments 
        of the United States and Poland signed the ``Declaration on 
        Strategic Cooperation between the United States of America and 
        the Republic of Poland''.
            (2) The Declaration on Strategic Cooperation states, among 
        other things, that the ``United States and Poland intend to 
        expand air and missile defense cooperation. In this regard, we 
        have agreed on an important new area of such cooperation 
        involving the deployment of a U.S. Army Patriot air and missile 
        defense battery in Poland. We intend to begin this cooperation 
        next year and to expand it with the aim of establishing by 2012 
        a garrison to support the U.S. Army Patriot battery. The 
        Government of Poland intends to provide an appropriate

[[Page 123 STAT. 2548]]

        site, infrastructure, and facilities for this garrison 
        acceptable to both parties. Our cooperation in this area will 
        include joint training opportunities that will enhance Polish 
        air defense capabilities. In the coming months, we intend to 
        reach agreement on the specific arrangements that will enable 
        this cooperation to begin. These steps reflect the commitment of 
        the United States to an expanded defense relationship with 
        Poland.''.

    (b) Sense of Congress.--It is the sense of Congress that the United 
States and Poland should seek to implement the terms of the Declaration 
on Strategic Cooperation, including cooperation on the deployment of a 
United States Army Patriot air and missile defense battery in Poland.
    (c) Report.--Not later than 180 days after the enactment of this 
Act, the Secretary of Defense shall submit to the congressional defense 
committees a report describing the status of cooperation on the 
deployment of a United States Army Patriot air and missile defense 
battery in Poland. The report shall be in unclassified form, but may 
include a classified annex.
SEC. 1250. REPORT ON POTENTIAL FOREIGN MILITARY SALES OF THE F-22A 
                          FIGHTER AIRCRAFT.

    (a) Report Required.--Not later than 180 days after the date of the 
enactment of this Act, the Secretary of Defense shall, in coordination 
with the Secretary of State and in consultation with the Secretary of 
the Air Force, submit to the congressional defense committees, the 
Committee on Foreign Relations of the Senate, and the Committee on 
Foreign Affairs of the House of Representatives a report on potential 
foreign military sales of the F-22A fighter aircraft.
    (b) Elements.--The report required by subsection (a) shall include 
the following:
            (1) An estimate of the costs to the United States 
        Government, industry, and any foreign military sales customer of 
        developing an exportable version of the F-22A fighter aircraft.
            (2) An assessment whether an exportable version of the F-22A 
        fighter aircraft is technically feasible and executable, and, if 
        so, a timeline for achieving an exportable version of the 
        aircraft.
            (3) An assessment of the potential strategic implications of 
        permitting foreign military sales of the F-22A fighter aircraft.
            (4) An identification of any modifications to current law 
        that are required to authorize foreign military sales of the F-
        22A fighter aircraft.

    (c) Additional Report Required.-- <<NOTE: Contracts.>> The Secretary 
of Defense shall enter into an agreement with a federally funded 
research and development center to submit, not later than 180 days after 
the date of the enactment of this Act, to the committees identified in 
subsection (a), through the Secretary of Defense, a report on the impact 
of foreign military sales of the F-22A fighter aircraft on the United 
States aerospace and aviation industry, and the advantages and 
disadvantages of such sales for sustaining that industry.

[[Page 123 STAT. 2549]]

SEC. 1251. REPORT ON THE PLAN FOR THE NUCLEAR WEAPONS STOCKPILE, 
                          NUCLEAR WEAPONS COMPLEX, AND DELIVERY 
                          PLATFORMS AND SENSE OF CONGRESS ON 
                          FOLLOW-ON NEGOTIATIONS TO START TREATY.

    (a) Report on the Plan for the Nuclear Weapons Stockpile, Nuclear 
Weapons Complex, and Delivery Platforms.--
            (1) Report required.-- <<NOTE: President.>> Not later than 
        30 days after the date of the enactment of this Act or at the 
        time a follow-on treaty to the Strategic Arms Reduction Treaty 
        (START Treaty) is submitted by the President to the Senate for 
        its advice and consent, whichever is later, the President shall 
        submit to the congressional defense committees, the Committee on 
        Foreign Relations of the Senate, and the Committee on Foreign 
        Affairs of the House of Representatives a report on the plan 
        to--
                    (A) enhance the safety, security, and reliability of 
                the nuclear weapons stockpile of the United States;
                    (B) modernize the nuclear weapons complex; and
                    (C) maintain the delivery platforms for nuclear 
                weapons.
            (2) Elements.--The report required under paragraph (1) shall 
        include the following:
                    (A) A description of the plan to enhance the safety, 
                security, and reliability of the nuclear weapons 
                stockpile of the United States.
                    (B) A description of the plan to modernize the 
                nuclear weapons complex, including improving the safety 
                of facilities, modernizing the infrastructure, and 
                maintaining the key capabilities and competencies of the 
                nuclear weapons workforce, including designers and 
                technicians.
                    (C) A description of the plan to maintain delivery 
                platforms for nuclear weapons.
                    (D) An estimate of budget requirements, including 
                the costs associated with the plans outlined under 
                subparagraphs (A) through (C), over a 10-year period.

    (b) Sense of Congress.--It is the sense of Congress that--
            (1) the President should maintain the stated position of the 
        United States that the follow-on treaty to the START Treaty not 
        include any limitations on the ballistic missile defense 
        systems, space capabilities, or advanced conventional weapons 
        systems of the United States;
            (2) the enhanced safety, security, and reliability of the 
        nuclear weapons stockpile, modernization of the nuclear weapons 
        complex, and maintenance of the nuclear delivery systems are key 
        to enabling further reductions in the nuclear forces of the 
        United States; and
            (3) the President should submit budget requests for fiscal 
        year 2011 and subsequent fiscal years for the programs of the 
        National Nuclear Security Administration of the Department of 
        Energy that are adequate to sustain the needed capabilities to 
        support the long-term maintenance of the nuclear stockpile of 
        the United States.

[[Page 123 STAT. 2550]]

SEC. 1252. MAP OF MINERAL-RICH ZONES AND AREAS UNDER THE CONTROL 
                          OF ARMED GROUPS IN THE DEMOCRATIC 
                          REPUBLIC OF THE CONGO.

    (a) In General.-- <<NOTE: Deadline.>> Not later than 120 days after 
the date of the enactment of this Act, the Secretary of State, in 
consultation with the Secretary of Defense, should, consistent with the 
recommendation from the United Nations Group of Experts on the 
Democratic Republic of the Congo in their December 2008 report, work 
with other member states of the United Nations and local and 
international nongovernmental organizations--
            (1) to produce a map of mineral-rich zones and areas under 
        the control of armed groups in the Democratic Republic of the 
        Congo;
            (2) to make such map available to the public; and
            (3) to provide to the appropriate congressional committees, 
        in classified form if necessary, an explanatory note describing 
        in general terms the sources of information on which the map is 
        based, the definition of the term ``control of armed groups'' 
        utilized (for example, physical control of mines or forced labor 
        of civilians, control of trade routes, and taxation or extortion 
        of goods in transit), and the identification where possible of 
        the armed groups or other forces in control of the mines 
        depicted.

    (b) Updates.--The Secretary of State should continue cooperation 
with the international community and sustain the intent of the report of 
the United Nations Group of Experts on the Democratic Republic of the 
Congo by assisting in the regular updating of the map required by 
subsection (a).
    (c) Appropriate Congressional Committees Defined.--In this section, 
the term ``appropriate congressional committees'' means--
            (1) the Committee on Armed Services and the Committee on 
        Foreign Affairs of the House of Representatives; and
            (2) the Committee on Armed Services and the Committee on 
        Foreign Relations of the Senate.
SEC. 1253. SENSE OF CONGRESS RELATING TO ISRAEL.

    It is the sense of Congress that--
            (1) Israel is one of the strongest allies of the United 
        States;
            (2) the United States remains vigorously committed to 
        supporting Israel's welfare, security, and survival as a 
        democratic state;
            (3) Israel and the United States face common enemies; and
            (4) the United States should continue to provide critical 
        security assistance needed to address existential threats.
SEC. 1254. SENSE OF CONGRESS ON IMPOSING SANCTIONS WITH RESPECT TO 
                          IRAN.

    It is the sense of Congress that--
            (1) the Government of Iran should--
                    (A) seize the historic offer put forward by 
                President Barack Obama to engage in direct diplomacy 
                with the United States;
                    (B) suspend all enrichment-related and reprocessing 
                activities, as directed by the United Nations Security 
                Council; and

[[Page 123 STAT. 2551]]

                    (C) come into full compliance with Treaty on Non-
                Proliferation of Nuclear Weapons, done at Washington, 
                London, and Moscow July 1, 1968, and entered into force 
                March 5, 1970 (commonly known as the ``Nuclear Non-
                Proliferation Treaty''), including the additional 
                protocol to the Treaty; and
            (2) the President should consider the imposition of 
        additional, more restrictive sanctions on Iran if--
                    (A) the Government of Iran fails to enter into good 
                faith talks which result in progress toward compliance 
                with applicable United Nations Security Council 
                resolutions; and
                    (B) the United Nations Security Council has failed 
                to adopt significant and meaningful additional sanctions 
                on the Government of Iran.
SEC. 1255. REPORT AND SENSE OF CONGRESS ON NORTH KOREA.

    (a) Report on Conduct of North Korea.-- <<NOTE: President.>> Not 
later than 30 days after the date of the enactment of this Act, the 
President shall submit to Congress a detailed report examining the 
conduct of the Government of North Korea since June 26, 2008, based on 
all available information, to determine whether North Korea meets the 
statutory criteria for listing as a state sponsor of terrorism. The 
report shall--
            (1) present any credible evidence of support by the 
        Government of North Korea for acts of terrorism, terrorists, or 
        terrorist organizations;
            (2) examine what steps the Government of North Korea has 
        taken to fulfill its June 10, 2008, pledge to prevent weapons of 
        mass destruction from falling into the hands of terrorists; and
            (3) if North Korea does not meet the statutory criteria for 
        being listed as a state sponsor of terrorism, examine whether 
        re-listing North Korea as a state sponsor of terrorism would 
        undermine the effectiveness of the state sponsor of terrorism 
        designation in general and undermine United States efforts 
        regarding existing state sponsors of terrorism.

    (b) Sense of Congress.--It is the sense of Congress that--
            (1) the United States should--
                    (A) vigorously enforce United Nations Security 
                Council Resolutions 1718 (2006) and 1874 (2009) and 
                other sanctions in place with respect to North Korea 
                under United States law;
                    (B) urge all member states of the United Nations to 
                fully implement the sanctions imposed by United Nations 
                Security Council Resolutions 1718 and 1874; and
                    (C) explore the imposition of additional unilateral 
                and multilateral sanctions against North Korea in 
                furtherance of United States national security;
            (2) the conduct of North Korea constitutes a threat to the 
        northeast Asian region and to international peace and security; 
        and
            (3) if the United States determines that the Government of 
        North Korea has provided assistance to terrorists or engaged in 
        state sponsored acts of terrorism, the Secretary of State should 
        immediately list North Korea as a state sponsor of terrorism.

[[Page 123 STAT. 2552]]

    (c) State Sponsor of Terrorism Defined.--For purposes of this 
section, the term ``state sponsor of terrorism'' means a country that 
has repeatedly provided support for acts of international terrorism for 
purposes of--
            (1) section 6(j) of the Export Administration Act of 1979 
        (50 U.S.C. App. 2405(j)) (as continued in effect pursuant to the 
        International Emergency Economic Powers Act (50 U.S.C. 1701 et 
        seq.));
            (2) section 40 of the Arms Export Control Act (22 U.S.C. 
        2780); or
            (3) section 620A of the Foreign Assistance Act of 1961 (22 
        U.S.C. 2371).
SEC. 1256. REPORT ON POTENTIAL MISSILE DEFENSE COOPERATION WITH 
                          RUSSIA.

    (a) Report Required.--
            (1) In general.--Not later than 120 days after the date of 
        the enactment of this Act, the Secretary of Defense, in 
        consultation with the Secretary of State, shall submit to the 
        congressional defense committees a report setting forth 
        potential options for cooperation among or between the United 
        States, the North Atlantic Treaty Organization, and the Russian 
        Federation on ballistic missile defense.
            (2) Form.--The report shall be submitted in unclassified 
        form, but may include a classified annex.

    (b) Elements.--The report required by subsection (a) shall include 
the following:
            (1) A description of proposals made by the United States, 
        the North Atlantic Treaty Organization, or the Russian 
        Federation since January 1, 2007, for potential missile defense 
        cooperation among or between such countries and that 
        organization, including data sharing, cooperative regional 
        missile defense architectures, joint exercises, and transparency 
        and confidence building measures.
            (2) A description of options for the sharing by such 
        countries and that organization of ballistic missile 
        surveillance or early warning data, including data from the 
        Russian early warning radars at Gabala in Azerbaijan and Armavir 
        in southern Russia or other radars.
            (3) An assessment of the potential for implementation of the 
        agreement between the United States and the Russian Federation 
        on the establishment of a Joint Data Exchange Center.
            (4) An assessment of whether there is mutual interest in 
        modifying the agreement on the establishment of the Joint Data 
        Exchange Center to encompass other forms of cooperation.
            (5) An assessment of the potential for missile defense 
        cooperation between the Russian Federation and the North 
        Atlantic Treaty Organization, including through the NATO-Russia 
        Council.
            (6) An assessment of the potential security benefits to the 
        United States, Russia, and the North Atlantic Treaty 
        Organization of the cooperation described in paragraph (5).
            (7) Such other matters as the Secretary considers 
        appropriate.

[[Page 123 STAT. 2553]]

Subtitle D-- <<NOTE: Victims of Iranian Censorship Act.>> VOICE Act
SEC. 1261. <<NOTE: 22 USC 6201 note.>> SHORT TITLE.

    This subtitle may be cited as the ``Victims of Iranian Censorship 
Act''or the ``VOICE Act''.
SEC. 1262. <<NOTE: 22 USC 6204 note.>> AUTHORIZATION OF 
                          APPROPRIATIONS.

    (a) International Broadcasting Operations Fund.--In addition to 
amounts otherwise authorized for the Broadcasting Board of Governors' 
International Broadcasting Operations Fund, there is authorized to be 
appropriated $15,000,000 to expand Farsi language programming and to 
provide for the dissemination of accurate and independent information to 
the Iranian people through radio, television, Internet, cellular 
telephone, short message service, and other communications.
    (b) Broadcasting Capital Improvements Fund.--In addition to amounts 
otherwise authorized for the Broadcasting Board of Governors' 
Broadcasting Capital Improvements Fund, there is authorized to be 
appropriated $15,000,000 to expand transmissions of Farsi language 
programs to Iran.
    (c) Use of Amounts.--In pursuit of the objectives described in 
subsections (a) and (b), amounts in the International Broadcasting 
Operations Fund and the Capital Improvements Fund may be used to--
            (1) develop additional transmission capability for Radio 
        Farda and the Persian News Network to counter ongoing efforts to 
        jam transmissions, including through additional shortwave and 
        medium wave transmissions, satellite, and Internet mechanisms;
            (2) develop additional proxy server capability and anti-
        censorship software to counter efforts to block Radio Farda and 
        Persian News Network Web sites;
            (3) develop technologies to counter efforts to block SMS 
        text message exchange over cellular phone networks;
            (4) expand program coverage and analysis by Radio Farda and 
        the Persian News Network, including the development of broadcast 
        platforms and programs, on the television, radio and Internet, 
        for enhanced interactivity with and among the people of Iran;
            (5) hire, on a permanent or short-term basis, additional 
        staff for Radio Farda and the Persian News Network; and
            (6) develop additional Internet-based, Farsi-language 
        television programming, including a Farsi-language, Internet-
        based news channel.
SEC. 1263. <<NOTE: 22 USC 6204 note.>> IRANIAN ELECTRONIC 
                          EDUCATION, EXCHANGE, AND MEDIA FUND.

    (a) Establishment.--There is established in the Treasury of the 
United States the Iranian Electronic Education, Exchange, and Media Fund 
(referred to in this section as the ``Fund''), consisting of amounts 
appropriated to the Fund pursuant to subsection (f).
    (b) Administration.--The Fund shall be administered by the Secretary 
of State.
    (c) Objective.--The objective of the Fund shall be to support the 
development of technologies, including Internet Web sites, that will aid 
the ability of the Iranian people to--
            (1) gain access to and share information;

[[Page 123 STAT. 2554]]

            (2) exercise freedom of speech, freedom of expression, and 
        freedom of assembly through the Internet and other electronic 
        media;
            (3) engage in Internet-based education programs and other 
        exchanges between Americans and Iranians; and
            (4) counter efforts--
                    (A) to block, censor, and monitor the Internet; and
                    (B) to disrupt or monitor cellular phone networks or 
                SMS text exchanges.

    (d) Use of Amounts.--In pursuit of the objective described in 
subsection (c), amounts in the Fund may be used for grants to United 
States or foreign universities, nonprofit organizations, or companies 
for targeted projects that advance the purpose of the Fund, including 
projects that--
            (1) develop Farsi-language versions of existing social-
        networking Web sites;
            (2) develop technologies, including Internet-based 
        applications, to counter efforts--
                    (A) to block, censor, and monitor the Internet; and
                    (B) to disrupt or monitor cellular phone networks or 
                SMS text message exchanges;
            (3) develop Internet-based, distance learning programs for 
        Iranian students at United States universities; and
            (4) promote Internet-based, people-to-people educational, 
        professional, religious, or cultural exchanges and dialogues 
        between United States citizens and Iranians.

    (e) Transfers.--Amounts in the Fund may be transferred to the United 
States Agency for International Development, the Broadcasting Board of 
Governors, or any other agency of the Federal Government to the extent 
that such amounts are used to carry out activities that will further the 
objective described in subsection (c).
    (f) Authorization of Appropriations.--There is authorized to be 
appropriated $20,000,000 to the Fund.
SEC. 1264. ANNUAL REPORT.

    (a) In General.-- <<NOTE: President. Iran.>> Not later than 90 days 
after the date of the enactment of this Act, and annually thereafter for 
5 years, the President shall submit a report to Congress that provides a 
detailed description of--
            (1) United States-funded international broadcasting efforts 
        in Iran;
            (2) efforts by the Government of Iran to block broadcasts 
        sponsored by the United States or other non-Iranian entities;
            (3) efforts by the Government of Iran to monitor or block 
        Internet access, and gather information about individuals;
            (4) plans by the Broadcasting Board of Governors for the use 
        of the amounts appropriated pursuant to section 1244, 
        including--
                    (A) the identification of specific programs and 
                platforms to be expanded or created; and
                    (B) satellite, radio, or Internet-based transmission 
                capacity to be expanded or created;
            (5) plans for the use of the Iranian Electronic Education, 
        Exchange, and Media Fund;

[[Page 123 STAT. 2555]]

            (6) a detailed breakdown of amounts obligated and disbursed 
        from the Iranian Electronic Media Fund and an assessment of the 
        impact of such amounts;
            (7) the percentage of the Iranian population and of Iranian 
        territory reached by shortwave and medium-wave radio broadcasts 
        by Radio Farda and Voice of America and any other relevant 
        demographic information that can be ascertained about the 
        audience for such broadcasts;
            (8) the Internet traffic from Iran to Radio Farda and Voice 
        of America Web sites; and
            (9) the Internet traffic to proxy servers sponsored by the 
        Broadcasting Board of Governors, and the provisioning of surge 
        capacity.

    (b) Classified Annex.--The report submitted under subsection (a) may 
include a classified annex.
SEC. 1265. REPORT ON ACTIONS BY NON-IRANIAN COMPANIES.

    (a) Report.-- <<NOTE: President.>> Not later than 180 days after the 
date of the enactment of this Act, the President shall submit to 
Congress a report on non-Iranian persons, including corporations with 
United States subsidiaries, that, after the date of the enactment of 
this Act, have knowingly or negligently provided hardware, software, or 
other forms of assistance to the Government of Iran that has furthered 
Iran's efforts to--
            (1) filter online political content;
            (2) disrupt cell phone and Internet communications; and
            (3) monitor the online activities of Iranian citizens.

    (b) Form.--The report required under subsection (a) shall be 
submitted in unclassified form, but may include a classified annex if 
necessary.
SEC. 1266. HUMAN RIGHTS DOCUMENTATION.

    There are authorized to be appropriated $5,000,000 to the Secretary 
of State to document, collect, and disseminate information about human 
rights in Iran, including abuses of human rights that have taken place 
since the Iranian presidential election conducted on June 12, 2009.

                TITLE XIII--COOPERATIVE THREAT REDUCTION

Sec. 1301. Specification of Cooperative Threat Reduction programs and 
           funds.
Sec. 1302. Funding allocations.
Sec. 1303. Utilization of contributions to the Cooperative Threat 
           Reduction Program.
Sec. 1304. Metrics for the Cooperative Threat Reduction Program.
Sec. 1305. Cooperative Threat Reduction Program authority for urgent 
           threat reduction activities.
Sec. 1306. Cooperative Threat Reduction Defense and Military Contacts 
           Program.

SEC. 1301. SPECIFICATION OF COOPERATIVE THREAT REDUCTION PROGRAMS 
                          AND FUNDS.

    (a) <<NOTE: 22 USC 5964 note.>> Specification of Cooperative Threat 
Reduction Programs.--For purposes of section 301 and other provisions of 
this Act, Cooperative Threat Reduction programs are the programs 
specified in section 1501 of the National Defense Authorization Act for 
Fiscal Year 1997 (50 U.S.C. 2362 note).

[[Page 123 STAT. 2556]]

    (b) Fiscal Year 2010 Cooperative Threat Reduction Funds Defined.--As 
used in this title, the term ``fiscal year 2010 Cooperative Threat 
Reduction funds'' means the funds appropriated pursuant to the 
authorization of appropriations in section 301 for Cooperative Threat 
Reduction programs.
    (c) Availability of Funds.--Funds appropriated pursuant to the 
authorization of appropriations in section 301 for Cooperative Threat 
Reduction programs shall be available for obligation for fiscal years 
2010, 2011, and 2012.
SEC. 1302. FUNDING ALLOCATIONS.

    (a) Funding for Specific Purposes.--Of the $424,093,000 authorized 
to be appropriated to the Department of Defense for fiscal year 2010 in 
section 301(20) for Cooperative Threat Reduction programs, the following 
amounts may be obligated for the purposes specified:
            (1) For strategic offensive arms elimination in Russia, 
        $66,385,000.
            (2) For strategic nuclear arms elimination in Ukraine, 
        $6,800,000.
            (3) For nuclear weapons storage security in Russia, 
        $15,090,000.
            (4) For nuclear weapons transportation security in Russia, 
        $46,400,000.
            (5) For weapons of mass destruction proliferation prevention 
        in the states of the former Soviet Union, $90,886,000.
            (6) For biological threat reduction in the former Soviet 
        Union, $152,132,000.
            (7) For chemical weapons destruction, $3,000,000.
            (8) For defense and military contacts, $5,000,000.
            (9) For new Cooperative Threat Reduction initiatives, 
        $17,000,000.
            (10) For activities designated as Other Assessments/
        Administrative Costs, $21,400,000.

    (b) Report on Obligation or Expenditure of Funds for Other 
Purposes.--No fiscal year 2010 Cooperative Threat Reduction funds may be 
obligated or expended for a purpose other than a purpose listed in 
paragraphs (1) through (10) of subsection (a) until 15 days after the 
date that the Secretary of Defense submits to Congress a report on the 
purpose for which the funds will be obligated or expended and the amount 
of funds to be obligated or expended. Nothing in the preceding sentence 
shall be construed as authorizing the obligation or expenditure of 
fiscal year 2010 Cooperative Threat Reduction funds for a purpose for 
which the obligation or expenditure of such funds is specifically 
prohibited under this title or any other provision of law.
    (c) Limited Authority to Vary Individual Amounts.--
            (1) In general.--Subject to paragraph (2), in any case in 
        which the Secretary of Defense determines that it is necessary 
        to do so in the national interest, the Secretary may obligate 
        amounts appropriated for fiscal year 2010 for a purpose listed 
        in paragraphs (1) through (10) of subsection (a) in excess of 
        the specific amount authorized for that purpose.
            (2) Notice-and-wait required.--An obligation of funds for a 
        purpose stated in paragraphs (1) through (10) of subsection (a) 
        in excess of the specific amount authorized for such purpose

[[Page 123 STAT. 2557]]

        may be made using the authority provided in paragraph (1) only 
        after--
                    (A) the Secretary submits to Congress notification 
                of the intent to do so together with a complete 
                discussion of the justification for doing so; and
                    (B) 15 days have elapsed following the date of the 
                notification.
SEC. 1303. <<NOTE: 22 USC 5952 note.>> UTILIZATION OF 
                          CONTRIBUTIONS TO THE COOPERATIVE THREAT 
                          REDUCTION PROGRAM.

    (a) In General.--The Secretary of Defense, with the concurrence of 
the Secretary of State, may enter into one or more agreements with any 
person (including a foreign government, international organization, 
multinational entity, or any other entity) that the Secretary of Defense 
considers appropriate under which the person contributes funds for 
activities conducted under the Cooperative Threat Reduction Program of 
the Department of Defense.
    (b) Retention and Use of Amounts.--Notwithstanding section 3302 of 
title 31, United States Code, and subject to subsections (c) and (d), 
the Secretary of Defense may retain and obligate or expend amounts 
contributed pursuant to subsection (a) for purposes of the Cooperative 
Threat Reduction Program of the Department of Defense. Amounts so 
contributed shall be retained in a separate fund established in the 
Treasury for such purposes and shall be available to be obligated or 
expended without further appropriation.
    (c) Return of Amounts Not Obligated or Expended Within Three 
Years.--If the Secretary of Defense does not obligate or expend an 
amount contributed pursuant to subsection (a) by the date that is three 
years after the date on which the contribution was made, the Secretary 
shall return the amount to the person who made the contribution.
    (d) Notice to Congressional Defense Committees.--
            (1) In general.--Not later than 30 days after receiving an 
        amount contributed pursuant to subsection (a), the Secretary 
        shall submit to the appropriate congressional committees a 
        notice--
                    (A) specifying the value of the contribution and the 
                purpose for which the contribution was made; and
                    (B) identifying the person who made the 
                contribution.
            (2) Limitation on use of amounts.-- <<NOTE: Time 
        period.>> The Secretary may not obligate or expend an amount 
        contributed pursuant to subsection (a) until the date that is 15 
        days after the date on which the Secretary submits the notice 
        required by paragraph (1).

    (e) Annual Report.--Not later than October 31 each year, the 
Secretary of Defense shall submit to the appropriate congressional 
committees a report on amounts contributed pursuant to subsection (a) 
during the preceding fiscal year. Each such report shall include, for 
the fiscal year covered by the report, the following:
            (1) A statement of any amounts contributed pursuant to 
        subsection (a), including, for each such amount, the value of 
        the contribution and the identity of the person who made the 
        contribution.
            (2) A statement of any amounts so contributed that were 
        obligated or expended by the Secretary, including, for each

[[Page 123 STAT. 2558]]

        such amount, the purposes for which the amount was obligated or 
        expended.
            (3) A statement of any amounts so contributed that were 
        retained but not obligated or expended, including, for each such 
        amount, the purposes (if known) for which the Secretary intends 
        to obligate or expend the amount.

    (f) Implementation Plan.--The Secretary of Defense shall submit to 
the appropriate congressional committees an implementation plan for the 
authority provided under this section prior to obligating or expending 
any amounts contributed pursuant to subsection (a). The Secretary shall 
submit updates to such plan as needed.
    (g) Termination.--The authority provided under this section shall 
terminate on December 31, 2015.
    (h) Appropriate Congressional Committees Defined.--In this section, 
the term ``appropriate congressional committees'' means--
            (1) the Committee on Armed Services, the Committee on 
        Appropriations, and the Committee on Foreign Affairs of the 
        House of Representatives; and
            (2) the Committee on Armed Services, the Committee on 
        Appropriations, and the Committee on Foreign Relations of the 
        Senate.
SEC. 1304. <<NOTE: 22 USC 5964.>> METRICS FOR THE COOPERATIVE 
                          THREAT REDUCTION PROGRAM.

    (a) Metrics Required.--The Secretary of Defense shall develop and 
implement metrics to measure the impact and effectiveness of activities 
of the Cooperative Threat Reduction Program of the Department of Defense 
to address threats arising from the proliferation of chemical, nuclear, 
and biological weapons and weapons-related materials, technologies, and 
expertise.
    (b) Secretary of Defense Report on Metrics.--Not later than 270 days 
after the date of the enactment of this Act, the Secretary of Defense 
shall submit to the appropriate congressional committees a report 
describing the metrics developed and implemented under subsection (a).
    (c) National Academy of Sciences Assessment and Report on Metrics.--
            (1) Assessment.--Not later than 30 days after the date on 
        which the report is submitted by the Secretary of Defense under 
        subsection (b), the Secretary shall enter into an arrangement 
        with the National Academy of Sciences under which the Academy 
        shall carry out an assessment to review the metrics developed 
        and implemented under subsection (a) and identify possible 
        additional or alternative metrics, if necessary.
            (2) Report.--The National Academy of Sciences shall submit 
        to the appropriate congressional committees and the Secretary of 
        Defense a report on the results of the assessment carried out 
        under paragraph (1).
            (3) Secretary of defense report.--
                    (A) Not later than 90 days after receipt of the 
                report required by paragraph (2), the Secretary shall 
                submit to the appropriate congressional committees a 
                report on the assessment carried out by the National 
                Academy of Sciences.

[[Page 123 STAT. 2559]]

                    (B) The report under subparagraph (A) shall include 
                the following:
                          (i) A summary of the results of the assessment 
                      carried out under paragraph (1).
                          (ii) An evaluation by the Secretary of the 
                      assessment.
                          (iii) A statement of the actions, if any, to 
                      be undertaken by the Secretary to implement any 
                      recommendations in the assessment.
                    (C) The report under subparagraph (A) shall be 
                submitted in unclassified form, but may include a 
                classified annex.

    (d) Funding.--Of the amounts appropriated pursuant to the 
authorization of appropriations in section 301(20) or otherwise made 
available for Cooperative Threat Reduction Programs for fiscal year 
2010, not more than $1,000,000 may be obligated or expended to carry out 
paragraphs (1) and (2) of subsection (c).
    (e) Appropriate Congressional Committees Defined.--In this section, 
the term ``appropriate congressional committees'' means--
            (1) the Committee on Armed Services, the Committee on 
        Appropriations, and the Committee on Foreign Affairs of the 
        House of Representatives; and
            (2) the Committee on Armed Services, the Committee on 
        Appropriations, and the Committee on Foreign Relations of the 
        Senate.
SEC. 1305. <<NOTE: 22 USC 5965.>> COOPERATIVE THREAT REDUCTION 
                          PROGRAM AUTHORITY FOR URGENT THREAT 
                          REDUCTION ACTIVITIES.

    (a) In General.--Subject to the notification requirement under 
subsection (b), not more than 10 percent of the total amounts 
appropriated or otherwise made available in any fiscal year for the 
Cooperative Threat Reduction Program of the Department of Defense may be 
expended, notwithstanding any other law, for activities described under 
subsection (b)(1)(B).
    (b) Determination and Notice.--
            (1) Determination.--The Secretary of Defense, with the 
        concurrence of the Secretary of State and the Secretary of 
        Energy, may make a written determination that--
                    (A) threats arising from the proliferation of 
                chemical, nuclear, and biological weapons or weapons-
                related materials, technologies, and expertise must be 
                addressed urgently;
                    (B) certain provisions of law would unnecessarily 
                impede the Secretary's ability to carry out activities 
                of the Cooperative Threat Reduction Program of the 
                Department of Defense to address such threats; and
                    (C) it is necessary to expend amounts described in 
                subsection (a) to carry out such activities.
            (2) Notice required.-- <<NOTE: Deadline.>> Not later than 15 
        days before obligating or expending funds under the authority 
        provided in subsection (a), the Secretary of Defense shall 
        notify the appropriate congressional committees of the 
        determination made under paragraph (1). The notice shall 
        include--
                    (A) the determination;
                    (B) the activities to be undertaken by the 
                Cooperative Threat Reduction Program;

[[Page 123 STAT. 2560]]

                    (C) the expected time frame for such activities; and
                    (D) the expected costs of such activities.

    (c) Appropriate Congressional Committees.--In this section, the term 
``appropriate congressional committees'' means--
            (1) the Committee on Foreign Affairs, the Committee on Armed 
        Services, and the Committee on Appropriations of the House of 
        Representatives; and
            (2) the Committee on Foreign Relations, the Committee on 
        Armed Services, and the Committee on Appropriations of the 
        Senate.
SEC. 1306. COOPERATIVE THREAT REDUCTION DEFENSE AND MILITARY 
                          CONTACTS PROGRAM.

    (a) In General.-- <<NOTE: 22 USC 5952 note.>> The Secretary of 
Defense shall ensure that the Defense and Military Contacts Program 
under the Cooperative Threat Reduction Program of the Department of 
Defense--
            (1) is executed pursuant to a well-developed strategy for 
        advancing the mission of the Cooperative Threat Reduction 
        Program;
            (2) is focused and expanded to support specific 
        relationship-building opportunities, which could lead to 
        Cooperative Threat Reduction Program development in new 
        geographic areas and achieve other Cooperative Threat Reduction 
        Program benefits;
            (3) is directly administered as part of the Cooperative 
        Threat Reduction Program; and
            (4) includes cooperation and coordination with--
                    (A) the unified combatant commands that operate in 
                areas in which Cooperative Threat Reduction activities 
                are carried out; and
                    (B) related diplomatic efforts.

    (b) Cooperative Threat Reduction Annual Report.--Paragraph (8) of 
section 1308(c) of the Floyd D. Spence National Defense Authorization 
Act for fiscal year 2001 (as enacted into law by Public Law 106-398; 114 
Stat. 1654A-341; 22 U.S.C. 5959) is amended--
            (1) by inserting ``, including under the Defense and 
        Military Contacts program,'' after ``programs''; and
            (2) in subparagraph (B), by striking ``the purposes'' and 
        inserting ``the strategy''.

                     TITLE XIV--OTHER AUTHORIZATIONS

                      Subtitle A--Military Programs

Sec. 1401. Working capital funds.
Sec. 1402. National Defense Sealift Fund.
Sec. 1403. Chemical agents and munitions destruction, defense.
Sec. 1404. Drug Interdiction and Counter-Drug Activities, Defense-wide.
Sec. 1405. Defense Inspector General.
Sec. 1406. Defense Health Program.
Sec. 1407. Relation to funding table.

                 Subtitle B--National Defense Stockpile

Sec. 1411. Authorized uses of National Defense Stockpile funds.
Sec. 1412. Extension of previously authorized disposal of cobalt from 
           National Defense Stockpile.
Sec. 1413. Report on implementation of reconfiguration of the National 
           Defense Stockpile.

                Subtitle C--Armed Forces Retirement Home

Sec. 1421. Authorization of appropriations for Armed Forces Retirement 
           Home.

[[Page 123 STAT. 2561]]

                      Subtitle A--Military Programs

SEC. 1401. WORKING CAPITAL FUNDS.

    Funds are hereby authorized to be appropriated for fiscal year 2010 
for the use of the Armed Forces and other activities and agencies of the 
Department of Defense for providing capital for working capital and 
revolving funds in amounts as follows:
            (1) For the Defense Working Capital Funds, $141,388,00.
            (2) For the Defense Working Capital Fund, Defense 
        Commissary, $1,313,616,000.
SEC. 1402. NATIONAL DEFENSE SEALIFT FUND.

    Funds are hereby authorized to be appropriated for the fiscal year 
2010 for the National Defense Sealift Fund in the amount of 
$1,642,758,000.
SEC. 1403. CHEMICAL AGENTS AND MUNITIONS DESTRUCTION, DEFENSE.

    (a) Authorization of Appropriations.--Funds are hereby authorized to 
be appropriated for the Department of Defense for fiscal year 2010 for 
expenses, not otherwise provided for, for Chemical Agents and Munitions 
Destruction, Defense, in the amount of $1,560,760,000, of which--
            (1) $1,146,802,000 is for Operation and Maintenance;
            (2) $401,269,000 is for Research, Development, Test, and 
        Evaluation; and
            (3) $12,689,000 is for Procurement.

    (b) Use.--Amounts authorized to be appropriated under subsection (a) 
are authorized for--
            (1) the destruction of lethal chemical agents and munitions 
        in accordance with section 1412 of the Department of Defense 
        Authorization Act, 1986 (50 U.S.C. 1521); and
            (2) the destruction of chemical warfare materiel of the 
        United States that is not covered by section 1412 of such Act.
SEC. 1404. DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, DEFENSE-
                          WIDE.

    Funds are hereby authorized to be appropriated for the Department of 
Defense for fiscal year 2010 for expenses, not otherwise provided for, 
for Drug Interdiction and Counter-Drug Activities, Defense-wide, in the 
amount of $1,054,234,000.
SEC. 1405. DEFENSE INSPECTOR GENERAL.

    Funds are hereby authorized to be appropriated for the Department of 
Defense for fiscal year 2010 for expenses, not otherwise provided for, 
for the Office of the Inspector General of the Department of Defense, in 
the amount of $288,100,000, of which--
            (1) $287,100,000 is for Operation and Maintenance; and
            (2) $1,000,000 is for Procurement.
SEC. 1406. DEFENSE HEALTH PROGRAM.

    Funds are hereby authorized to be appropriated for the Department of 
Defense for fiscal year 2010 for expenses, not otherwise provided for, 
for the Defense Health Program, in the amount of $28,033,093,000, of 
which--
            (1) $27,094,849,000 is for Operation and Maintenance;

[[Page 123 STAT. 2562]]

            (2) $616,102,000 is for Research, Development, Test, and 
        Evaluation; and
            (3) $322,142,000 is for Procurement.
SEC. 1407. RELATION TO FUNDING TABLE.

    The amounts authorized to be appropriated by sections 1401, 1402, 
1403, 1404, 1405, and 1406 shall be available, in accordance with the 
requirements of section 4001, for projects, programs, and activities, 
and in the amounts, specified in the funding table in section 4401.

                 Subtitle B--National Defense Stockpile

SEC. 1411. AUTHORIZED USES OF NATIONAL DEFENSE STOCKPILE FUNDS.

    (a) Obligation of Stockpile Funds.--During fiscal year 2010, the 
National Defense Stockpile Manager may obligate up to $41,179,000 of the 
funds in the National Defense Stockpile Transaction Fund established 
under subsection (a) of section 9 of the Strategic and Critical 
Materials Stock Piling Act (50 U.S.C. 98h) for the authorized uses of 
such funds under subsection (b)(2) of such section, including the 
disposal of hazardous materials that are environmentally sensitive.
    (b) Additional Obligations.--The National Defense Stockpile Manager 
may obligate amounts in excess of the amount specified in subsection (a) 
if the National Defense Stockpile Manager notifies Congress that 
extraordinary or emergency conditions necessitate the additional 
obligations. <<NOTE: Time period.>> The National Defense Stockpile 
Manager may make the additional obligations described in the 
notification after the end of the 45-day period beginning on the date on 
which Congress receives the notification.

    (c) Limitations.--The authorities provided by this section shall be 
subject to such limitations as may be provided in appropriations Acts.
SEC. 1412. EXTENSION OF PREVIOUSLY AUTHORIZED DISPOSAL OF COBALT 
                          FROM NATIONAL DEFENSE STOCKPILE.

    Section 3305(a)(5) of the National Defense Authorization Act for 
Fiscal Year 1998 (Public Law 105-85; 50 U.S.C. 98d note), as most 
recently amended by section 1412(b) of the Duncan Hunter National 
Defense Authorization Act for Fiscal Year 2009 (Public Law 110-417; 122 
Stat. 4648), is further amended by striking ``during fiscal year 2009'' 
and inserting ``by the end of fiscal year 2011''.
SEC. 1413. REPORT ON IMPLEMENTATION OF RECONFIGURATION OF THE 
                          NATIONAL DEFENSE STOCKPILE.

    (a) Report Required.--Not later than 180 days after the date of the 
enactment of this Act, the Secretary of Defense shall submit to the 
Committees on Armed Services of the Senate and House of Representatives 
a report on any actions the Secretary plans to take in response to the 
recommendations contained in the report entitled ``Reconfiguration of 
the National Defense Stockpile Report to Congress'' dated April 2009 and 
submitted by the Under Secretary of Defense for Acquisition, Logistics, 
and Technology, as required by House Report 109-89, House Report 109-
452, and Senate Report 110-115.

[[Page 123 STAT. 2563]]

    (b) Contents of Report.-- The report required by subsection (a) 
shall include the Secretary's recommendations for changes, based on the 
findings of the April 2009 report, to statutes, regulations, and 
policies, which the Secretary determines are necessary to enable the 
implementation of the recommendations contained in the April 2009 report 
or to improve Federal Government management of the National Defense 
Stockpile in the interest of the National Security Strategy.
    (c) Congressional Notification.--The Secretary may not take any 
action regarding the implementation of any initiative recommended in the 
report required by subsection (a) until 45 days after the Secretary 
submits to the Committees on Armed Services of the Senate and House of 
Representatives such report.

                Subtitle C--Armed Forces Retirement Home

SEC. 1421. AUTHORIZATION OF APPROPRIATIONS FOR ARMED FORCES 
                          RETIREMENT HOME.

    There is authorized to be appropriated for fiscal year 2010 from the 
Armed Forces Retirement Home Trust Fund the sum of $134,000,000 for the 
operation of the Armed Forces Retirement Home.

   TITLE XV--AUTHORIZATION OF ADDITIONAL APPROPRIATIONS FOR OVERSEAS 
                         CONTINGENCY OPERATIONS

Sec. 1501. Purpose.
Sec. 1502. Army procurement.
Sec. 1503. Joint Improvised Explosive Device Defeat Fund.
Sec. 1504. Navy and Marine Corps procurement.
Sec. 1505. Air Force procurement.
Sec. 1506. Mine Resistant Ambush Protected Vehicle Fund.
Sec. 1507. Defense-wide activities procurement.
Sec. 1508. Research, development, test, and evaluation.
Sec. 1509. Operation and maintenance.
Sec. 1510. Limitations on availability of funds in Afghanistan Security 
           Forces Fund.
Sec. 1511. Limitations on Iraq Security Forces Fund.
Sec. 1512. Military personnel.
Sec. 1513. Working capital funds.
Sec. 1514. Defense Health Program.
Sec. 1515. Drug Interdiction and Counter-Drug Activities, Defense-wide.
Sec. 1516. Defense Inspector General.
Sec. 1517. Relation to funding tables.
Sec. 1518. Continuation of prohibition on use of United States funds for 
           certain facilities projects in Iraq.
Sec. 1519. Treatment as additional authorizations.
Sec. 1520. Special transfer authority.

SEC. 1501. PURPOSE.

    The purpose of this title is to authorize appropriations for the 
Department of Defense for fiscal year 2010 to provide additional funds 
for overseas contingency operations being carried out by the Armed 
Forces.
SEC. 1502. ARMY PROCUREMENT.

    Funds are hereby authorized to be appropriated for fiscal year 2010 
for procurement accounts of the Army in amounts as follows:

[[Page 123 STAT. 2564]]

            (1) For aircraft procurement, $1,636,229,000.
            (2) For missile procurement, $481,570,000.
            (3) For weapons and tracked combat vehicles procurement, 
        $759,466,000.
            (4) For ammunition procurement, $370,635,000.
            (5) For other procurement, $5,600,326,000.
SEC. 1503. JOINT IMPROVISED EXPLOSIVE DEVICE DEFEAT FUND.

    (a) Authorization of Appropriations.--Funds are hereby authorized to 
be appropriated for fiscal year 2010 for the Joint Improvised Explosive 
Device Defeat Fund in the amount of $2,099,850,000.
    (b) Use and Transfer of Funds.-- 
<<NOTE: Applicability.>> Subsections (b) and (c) of section 1514 of the 
John Warner National Defense Authorization Act for Fiscal Year 2007 
(Public Law 109-364; 120 Stat. 2439), as amended by section 1503 of the 
Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 
(Public Law 110-417; 122 Stat. 4649), shall apply to the funds 
appropriated pursuant to the authorization of appropriations in 
subsection (a) and made available to the Department of Defense for the 
Joint Improvised Explosive Device Defeat Fund.

    (c) Monthly Obligations and Expenditure Reports.--Not later than 15 
days after the end of each month of fiscal year 2010, the Secretary of 
Defense shall provide to the congressional defense committees a report 
on the Joint Improvised Explosive Device Defeat Fund explaining monthly 
commitments, obligations, and expenditures by line of action.
    (d) Repeal of Superseded Reporting Requirement.--Section 1514 of the 
John Warner National Defense Authorization Act for Fiscal Year 2007 
(Public Law 109-364; 120 Stat. 2439), as amended by section 1503(e) of 
the Duncan Hunter National Defense Authorization Act for Fiscal Year 
2009 (Public Law 110-417; 122 Stat. 4650), is amended by striking 
subsection (e).
SEC. 1504. NAVY AND MARINE CORPS PROCUREMENT.

    Funds are hereby authorized to be appropriated for fiscal year 2010 
for procurement accounts of the Navy and Marine Corps in amounts as 
follows:
            (1) For aircraft procurement, Navy, $903,197,000.
            (2) For weapons procurement, Navy, $50,700,000.
            (3) For ammunition procurement, Navy and Marine Corps, 
        $681,957,000.
            (4) For other procurement, Navy, $293,018,000.
            (5) For procurement, Marine Corps, $1,060,268,000.
SEC. 1505. AIR FORCE PROCUREMENT.

    Funds are hereby authorized to be appropriated for fiscal year 2010 
for procurement accounts of the Air Force in amounts as follows:
            (1) For aircraft procurement, $780,441,000.
            (2) For ammunition procurement, $256,819,000.
            (3) For missile procurement, $36,625,000.
            (4) For other procurement, $2,321,549,000.
SEC. 1506. MINE RESISTANT AMBUSH PROTECTED VEHICLE FUND.

    Funds are hereby authorized to be appropriated for fiscal year 2010 
for the Mine Resistant Ambush Protected Vehicle Fund in the amount of 
$6,056,000,000.

[[Page 123 STAT. 2565]]

SEC. 1507. DEFENSE-WIDE ACTIVITIES PROCUREMENT.

    Funds are hereby authorized to be appropriated for fiscal year 2010 
for the procurement account for Defense-wide activities in the amount of 
$489,980,000.
SEC. 1508. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION.

    Funds are hereby authorized to be appropriated for fiscal year 2010 
for the use of the Department of Defense for research, development, 
test, and evaluation as follows:
            (1) For the Army, $57,962,000.
            (2) For the Navy, $90,180,000.
            (3) For the Air Force, $29,286,000.
            (4) For Defense-wide activities, $115,826,000.
SEC. 1509. OPERATION AND MAINTENANCE.

    Funds are hereby authorized to be appropriated for fiscal year 2010 
for the use of the Armed Forces for expenses, not otherwise provided 
for, for operation and maintenance, in amounts as follows:
            (1) For the Army, $52,166,761,000.
            (2) For the Navy, $6,219,583,000.
            (3) For the Marine Corps, $3,701,600,000.
            (4) For the Air Force, $10,026,868,000.
            (5) For Defense-wide activities, $7,583,400,000.
            (6) For the Army Reserve, $204,326,000.
            (7) For the Navy Reserve, $68,059,000.
            (8) For the Marine Corps Reserve, $86,667,000.
            (9) For the Air Force Reserve, $125,925,000.
            (10) For the Army National Guard, $321,646,000.
            (11) For the Air National Guard, $289,862,000.
            (12) For the Afghanistan Security Forces Fund, 
        $7,462,769,000.
SEC. 1510. LIMITATIONS ON AVAILABILITY OF FUNDS IN AFGHANISTAN 
                          SECURITY FORCES FUND.

    Funds appropriated pursuant to the authorization of appropriations 
for the Afghanistan Security Forces Fund in section 1509(12) shall be 
subject to the conditions contained in subsections (b) through (g) of 
section 1513 of the National Defense Authorization Act for Fiscal Year 
2008 (Public Law 110-181; 122 Stat. 428).
SEC. 1511. LIMITATIONS ON IRAQ SECURITY FORCES FUND.

    Funds made available to the Department of Defense for the Iraq 
Security Forces Fund for fiscal year 2010 shall be subject to the 
conditions contained in subsections (b) through (g) of section 1512 of 
the National Defense Authorization Act for Fiscal Year 2008 (Public Law 
110-181; 122 Stat. 426).
SEC. 1512. MILITARY PERSONNEL.

    Funds are hereby authorized to be appropriated for fiscal year 2010 
to the Department of Defense for military personnel accounts in the 
total amount of $14,146,341,000.
SEC. 1513. WORKING CAPITAL FUNDS.

    Funds are hereby authorized to be appropriated for fiscal year 2010 
for the use of the Armed Forces and other activities and agencies of the 
Department of Defense for providing capital for working capital and 
revolving funds in the amount of $396,915,000.

[[Page 123 STAT. 2566]]

SEC. 1514. DEFENSE HEALTH PROGRAM.

    Funds are hereby authorized to be appropriated for the Department of 
Defense for fiscal year 2010 for expenses, not otherwise provided for, 
for the Defense Health Program in the amount of $1,256,675,000 for 
operation and maintenance.
SEC. 1515. DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, DEFENSE-
                          WIDE.

    Funds are hereby authorized to be appropriated for the Department of 
Defense for fiscal year 2010 for expenses, not otherwise provided for, 
for Drug Interdiction and Counter-Drug Activities, Defense-wide in the 
amount of $356,603,000.
SEC. 1516. DEFENSE INSPECTOR GENERAL.

    Funds are hereby authorized to be appropriated for the Department of 
Defense for fiscal year 2010 for expenses, not otherwise provided for, 
for the Office of the Inspector General of the Department of Defense in 
the amount of $8,876,000.
SEC. 1517. RELATION TO FUNDING TABLES.

    (a) Amounts for Procurement.--The amounts authorized to be 
appropriated by sections 1502, 1503, 1504, 1505, 1506, and 1507 shall be 
available, in accordance with the requirements of section 4001, for 
projects, programs, and activities, and in the amounts, specified in the 
funding table in section 4102.
    (b) Amounts for Research, Development, Test, and Evaluation.--The 
amounts authorized to be appropriated by section 1508 shall be 
available, in accordance with the requirements of section 4001, for 
projects, programs, and activities, and in the amounts, specified in the 
funding table in section 4202.
    (c) Amounts for Operation and Maintenance.--The amounts authorized 
to be appropriated by section 1509 shall be available, in accordance 
with the requirements of section 4001, for projects, programs, and 
activities, and in the amounts, specified in the funding table in 
section 4302.
    (d) Other Amounts.--The amounts authorized to be appropriated by 
sections 1513, 1514, 1515, and 1516 shall be available, in accordance 
with the requirements of section 4001, for projects, programs, and 
activities, and in the amounts, specified in the funding table in 
section 4402.
SEC. 1518. CONTINUATION OF PROHIBITION ON USE OF UNITED STATES 
                          FUNDS FOR CERTAIN FACILITIES PROJECTS IN 
                          IRAQ.

    Section <<NOTE: Applicability.>> 1508(a) of the Duncan Hunter 
National Defense Authorization Act for Fiscal Year 2009 (Public Law 110-
417; 122 Stat. 4651) shall apply to funds authorized to be appropriated 
by this title.
SEC. 1519. TREATMENT AS ADDITIONAL AUTHORIZATIONS.

    The amounts authorized to be appropriated by this title are in 
addition to amounts otherwise authorized to be appropriated by this Act.
SEC. 1520. SPECIAL TRANSFER AUTHORITY.

    (a) Authority To Transfer Authorizations.--
            (1) Authority.-- <<NOTE: Determination.>> Upon determination 
        by the Secretary of Defense that such action is necessary in the 
        national interest,

[[Page 123 STAT. 2567]]

        the Secretary may transfer amounts of authorizations made 
        available to the Department of Defense in this title for fiscal 
        year 2010 between any such authorizations for that fiscal year 
        (or any subdivisions thereof). Amounts of authorizations so 
        transferred shall be merged with and be available for the same 
        purposes as the authorization to which transferred.
            (2) Limitation.--The total amount of authorizations that the 
        Secretary may transfer under the authority of this section may 
        not exceed $4,000,000,000.

    (b) Terms and Conditions.--Transfers under this section shall be 
subject to the same terms and conditions as transfers under section 
1001.
    (c) Additional Authority.--The transfer authority provided by this 
section is in addition to the transfer authority provided under section 
1001.

TITLE XVII--DEPARTMENT OF DEFENSE-DEPARTMENT OF VETERANS AFFAIRS MEDICAL 
                     FACILITY DEMONSTRATION PROJECT

Sec. 1701. Demonstration project authority.
Sec. 1702. Transfer of property.
Sec. 1703. Transfer of civilian personnel of the Department of Defense.
Sec. 1704. Joint funding authority.
Sec. 1705. Eligibility of members of the uniformed services for care and 
           services.
Sec. 1706. Extension of DOD-VA Health Care Sharing Incentive Fund.

SEC. 1701. DEMONSTRATION PROJECT AUTHORITY.

    (a) Executive Agreement Authorized.--Subject to subsection (b), the 
Secretary of Defense, in consultation with the Secretary of the Navy, 
and the Secretary of Veterans Affairs may execute a signed executive 
agreement pursuant to section 706 of the Duncan Hunter National Defense 
Authorization Act for Fiscal Year 2009 (Public Law 110-417; 122 Stat. 
455) for the joint use by the Department of Defense and the Department 
of Veterans Affairs of the following:
            (1) A new Navy ambulatory care center (on which construction 
        commenced in July 2008), parking structure, and supporting 
        structures and facilities in North Chicago, Illinois, and Great 
        Lakes, Illinois.
            (2) Medical personal property and equipment relating to the 
        center, structures, and facilities described in paragraph (1).

    (b) Deadline for Entry Into Agreement.--The executive agreement 
authorized by subsection (a) shall be entered into, if at all, by not 
later than 180 days after the date of the enactment of this Act.
    (c) Scope.--The executive agreement under subsection (a) shall--
            (1) be a binding operational agreement on matters under the 
        areas specified in section 706 of the Duncan Hunter National 
        Defense Authorization Act for Fiscal Year 2009; and
            (2) contain additional terms and conditions as required by 
        the provisions of this title.

    (d) Reports.--

[[Page 123 STAT. 2568]]

            (1) Notice on agreement.--Not later than seven days before 
        executing an executive agreement under subsection (a), the 
        Secretary of Defense and the Secretary of Veterans Affairs shall 
        jointly submit to the appropriate committees of Congress a 
        report setting forth a copy of the proposed executive agreement.
            (2) Final report.--Not later than 180 days after the fifth 
        anniversary of the date of the execution of the executive 
        agreement under subsection (a), the Secretary of Defense and the 
        Secretary of Veterans Affairs shall jointly submit to the 
        appropriate committees of Congress a report on the exercise of 
        the authorities in this title at the facility (as defined in 
        section 1702(a)(1)). The report shall include the following:
                    (A) A comprehensive description and assessment of 
                the exercise of the authorities in this title.
                    (B) The recommendation of the Secretaries as to 
                whether the exercise of the authorities in this title 
                should continue.
            (3) Report on additional locations for similar agreements.--
        Not later than 90 days after the date of the enactment of this 
        Act, the Secretary of Defense and the Secretary of Veterans 
        Affairs shall jointly submit to the appropriate committees of 
        Congress a report setting forth such recommendations as the 
        Secretaries jointly consider appropriate for additional 
        locations, if any, at which executive agreements like the 
        executive agreement under subsection (a) would be advisable.

    (e) Comptroller General Reviews.--
            (1) In general.-- <<NOTE: Deadlines.>> Not later than one 
        year after the execution of an executive agreement under 
        subsection (a), and annually thereafter, the Comptroller General 
        shall conduct a review and assessment of the following:
                    (A) The progress made in implementing the agreement.
                    (B) The effects of the agreement on the provision of 
                care and operation of the facility (as so defined).
            (2) Reports.--Not later than 90 days after the commencement 
        of each review and assessment conducted under paragraph (1), the 
        Comptroller General shall submit to the appropriate committees 
        of Congress a report on such review and assessment. Each report 
        shall set forth the following:
                    (A) The results of such review and assessment.
                    (B) Such recommendations for modifications of the 
                executive agreement, or the authorities in this title, 
                as the Comptroller General considers appropriate in 
                light of the results of such review and assessment.

    (f) Appropriate Committees of Congress Defined.--In this section, 
the term ``appropriate committees of Congress'' means--
            (1) the Committees on Armed Services and Veterans' Affairs 
        of the Senate; and
            (2) the Committees on Armed Services and Veterans' Affairs 
        of the House of Representatives.
SEC. 1702. TRANSFER OF PROPERTY.

    (a) Transfer.--
            (1) Transfer authorized.--The Secretary of Defense, acting 
        through the Administrator of General Services, may transfer, 
        without reimbursement, to the Secretary of Veterans

[[Page 123 STAT. 2569]]

        Affairs jurisdiction, custody, and control over the center, 
        structures, facilities, and property and equipment covered by 
        the executive agreement under section 1701 (hereafter in this 
        title referred to as the ``facility'').
            (2) Date of transfer.--The transfer authorized by paragraph 
        (1) may not occur before the earlier of--
                    (A) the date that is five years after the date of 
                the execution under section 1701 of the executive 
                agreement under that section; or
                    (B) <<NOTE: Deadline.>> the date of the completion 
                of such specific benchmarks relating to the joint use by 
                the Department of Defense and the Department of Veterans 
                Affairs of the Navy ambulatory care center described in 
                section 1701(a)(1) as the Secretary of Defense (in 
                consultation with the Secretary of the Navy) and 
                Secretary of the Department of Veterans Affairs shall 
                jointly establish for purposes of this section not later 
                than 180 days after the date of the enactment of this 
                Act.
            (3) Delay of transfer for completion of construction.--If 
        construction on the center, structures, and facilities described 
        in paragraph (1) is not complete as of the date specified in 
        subparagraph (A) or (B) of paragraph (2), as applicable, the 
        transfer of the center, structures, and facilities under that 
        paragraph may occur thereafter upon completion of the 
        construction.
            (4) Discharge of transfer.-- <<NOTE: Deadline.>> The 
        Administrator of General Services shall complete the transfer as 
        authorized by this subsection not later than 30 days after 
        receipt of the request for the transfer.

    (b) <<NOTE: Real property. Determination. Deadlines.>> Reversion.--
            (1) In general.--If any of the real and related personal 
        property transferred pursuant to subsection (a) is subsequently 
        used for purposes other than those specified in the executive 
        agreement under section 1701, or is otherwise jointly determined 
        by the Secretary of Defense and the Secretary of Veterans 
        Affairs to be excess to the needs of the facility, the Secretary 
        of Veterans Affairs shall offer to transfer jurisdiction, 
        custody, and control over such property, without reimbursement, 
        to the Secretary of Defense. Any such transfer shall be carried 
        out by the Administrator of General Services not later than one 
        year after the acceptance of the offer of such transfer, plus 
        such additional time as the Administrator may require to 
        complete such transfer.
            (2) Reversion in event of lack of facilities integration.--
                    (A) Within initial period.--During the five-year 
                period beginning on the date of the transfer of real and 
                related personal property pursuant to subsection (a), if 
                the Secretary of Veterans Affairs, the Secretary of 
                Defense, and the Secretary of Navy jointly determine 
                that the integration of the facilities transferred 
                pursuant to that subsection should not continue, 
                jurisdiction, custody, and control over such real and 
                related personal property shall be transferred, without 
                reimbursement, to the Secretary of Defense. The transfer 
                under this subparagraph shall be carried out by the 
                Administrator of General Services not later than 180 
                days after the date of the determination

[[Page 123 STAT. 2570]]

                by the Secretaries, plus such additional time as the 
                Administrator may require to complete such transfer.
                    (B) After initial period.--After the end of the 
                five-year period described in subparagraph (A), if the 
                Secretary of Veterans Affairs or the Secretary of 
                Defense determines that the integration of the 
                facilities transferred pursuant to subsection (a) should 
                not continue, the Secretary of Veterans Affairs shall 
                transfer, without reimbursement, to the Secretary of 
                Defense jurisdiction, custody, and control over the real 
                and related personal property described in subparagraph 
                (A). Any transfer under this subparagraph shall be 
                carried out by the Administrator of General Services not 
                later than one year after the date of the determination 
                by the applicable Secretary, plus such additional time 
                as the Administrator may require to complete such 
                transfer.
                    (C) Reversion procedures.--The executive agreement 
                under section 1701 shall provide the following:
                          (i) Specific procedures for the reversion of 
                      real and related personal property, as 
                      appropriate, transferred pursuant to subsection 
                      (a) to ensure the continuing accomplishment by the 
                      Department of Defense and the Department of 
                      Veterans Affairs of their missions in the event 
                      that the integration of facilities described 
                      transferred pursuant to that subsection (a) is not 
                      completed or a reversion of property occurs under 
                      subparagraph (A) or (B).
                          (ii) In the event of a reversion under this 
                      paragraph, the transfer from the Department of 
                      Veterans Affairs to the Department of Defense of 
                      associated functions including appropriate 
                      resources, civilian positions, and personnel, in a 
                      manner that will not result in adverse impact to 
                      the missions of Department of Defense or the 
                      Department of Veterans Affairs.
SEC. 1703. TRANSFER OF CIVILIAN PERSONNEL OF THE DEPARTMENT OF 
                          DEFENSE.

    (a) Transfer of Functions.--The Secretary of Defense and the 
Secretary of the Navy may transfer to the Secretary of Veterans Affairs 
functions necessary for the effective operation of the facility. The 
Secretary of Veterans Affairs may accept any functions so transferred.
    (b) Terms.--
            (1) Executive agreement.--Any transfer of functions under 
        subsection (a) shall be carried out as provided in the executive 
        agreement under section 1701. The functions to be so transferred 
        shall be identified utilizing the provisions of section 3503 of 
        title 5, United States Code.
            (2) Elements.--In providing for the transfer of functions 
        under subsection (a), the executive agreement under section 1701 
        shall provide for the following:
                    (A) The transfer of civilian employee positions of 
                the Department of Defense identified in the executive 
                agreement to the Department of Veterans Affairs, and of 
                the incumbent civilian employees in such positions, and 
                the transition of the employees so transferred to the 
                pay, benefits, and personnel systems that apply to 
                employees of

[[Page 123 STAT. 2571]]

                the Department of Veterans Affairs (to the extent that 
                different systems apply).
                    (B) The transition of employees so transferred to 
                the pay systems of the Department of Veterans Affairs in 
                a manner which will not result in any reduction in an 
                employee's regular rate of compensation (including basic 
                pay, locality pay, any physician comparability 
                allowance, and any other fixed and recurring pay 
                supplement) at the time of transition.
                    (C) The continuation after transfer of the same 
                employment status for employees so transferred who have 
                already successfully completed or are in the process of 
                completing a one-year probationary period under title 5, 
                United States Code, notwithstanding the provisions of 
                section 7403(b)(1) of title 38, United States Code.
                    (D) The extension of collective bargaining rights 
                under title 5, United States Code, to employees so 
                transferred in positions listed in subsection 7421(b) of 
                title 38, United States Code, notwithstanding the 
                provisions of section 7422 of title 38, United States 
                Code, for a two-year period beginning on the effective 
                date of the executive agreement.
                    (E) At the end of the two-year period beginning on 
                the effective date of the executive agreement, for the 
                following actions by the Secretary of Veterans Affairs 
                with respect to the extension of collective bargaining 
                rights under subparagraph (D):
                          (i) Consideration of the impact of the 
                      extension of such rights.
                          (ii) Consultation <<NOTE: Consultation.>> with 
                      exclusive employee representatives of the 
                      transferred employees about such impact.
                          (iii) <<NOTE: Determination.>> Determination, 
                      after consultation with the Secretary of Defense 
                      and the Secretary of the Navy, whether the 
                      extension of such rights should be terminated, 
                      modified, or kept in effect.
                          (iv) <<NOTE: Notice.>> Submittal to Congress 
                      of a notice regarding the determination made under 
                      clause (iii).
                    (F) The recognition after transfer of each 
                transferred physician's and dentist's total number of 
                years of service as a physician or dentist in the 
                Department of Defense for purposes of calculating such 
                employee's rate of base pay, notwithstanding the 
                provisions of section 7431(b)(3) of title 38, United 
                States Code.
                    (G) The preservation of the seniority of the 
                employees so transferred for all pay purposes.

    (c) Retention of Department of Defense Employment Authority.-- 
<<NOTE: Determination.>> Notwithstanding subsections (a) and (b), the 
Department of Defense may employ civilian personnel at the facility if 
the Secretary of the Navy, or a designee of the Secretary, determines it 
is necessary and appropriate to meet mission requirements of the 
Department of the Navy.
SEC. 1704. JOINT FUNDING AUTHORITY.

    (a) Joint Medical Facility Demonstration Fund.--
            (1) Establishment.--There is established on the books of the 
        Treasury under the Department of Veterans Affairs a fund to be 
        known as the ``Joint Department of Defense-

[[Page 123 STAT. 2572]]

        Department of Veterans Affairs Medical Facility Demonstration 
        Fund'' (in this section referred to as the ``Fund'').
            (2) Elements.--The Fund shall consist of the following:
                    (A) Amounts transferred to the Fund by the Secretary 
                of Defense, in consultation with the Secretary of the 
                Navy, from amounts authorized and appropriated for the 
                Department of Defense specifically for that purpose.
                    (B) Amounts transferred to the Fund by the Secretary 
                of Veterans Affairs from amounts authorized and 
                appropriated for the Department of Veterans Affairs 
                specifically for that purpose.
                    (C) Amounts transferred to the Fund from medical 
                care collections under paragraph (4).
            (3) Determination of amounts transferred generally.--The 
        amount transferred to the Fund by each of the Secretary of 
        Defense and the Secretary of Veterans Affairs under 
        subparagraphs (A) and (B), as applicable, of paragraph (2) each 
        fiscal year shall be such amount, as determined by a methodology 
        jointly established by the Secretary of Defense and the 
        Secretary of Veterans Affairs for purposes of this subsection, 
        that reflects the mission-specific activities, workload, and 
        costs of provision of health care at the facility of the 
        Department of Defense and the Department of Veterans Affairs, 
        respectively.
            (4) Transfers from medical care collections.--
                    (A) In general.--Amounts collected under the 
                authorities specified in subparagraph (B) for health 
                care provided at the facility may be transferred to the 
                Fund under paragraph (2)(C).
                    (B) Authorities.--The authorities specified in this 
                subparagraph are the following:
                          (i) Section 1095 of title 10, United States 
                      Code.
                          (ii) Section 1729 of title 38, United States 
                      Code.
                          (iii) Public Law 87-693, popularly known as 
                      the ``Federal Medical Care Recovery Act'' (42 
                      U.S.C. 2651 et seq.).
            (5) Administration.--The Fund shall be administered in 
        accordance with such provisions of the executive agreement under 
        section 1701 as the Secretary of Defense and the Secretary of 
        Veterans Affairs shall jointly include in the executive 
        agreement. Such provisions shall provide for an independent 
        review of the methodology established under paragraph (3).

    (b) Availability.--
            (1) In general.--Funds transferred to the Fund under 
        subsection (a) shall be available to fund the operations of the 
        facility, including capital equipment, real property 
        maintenance, and minor construction projects that are not 
        required to be specifically authorized by law under section 2805 
        of title 10, United States Code, or section 8104 of title 38, 
        United States Code.
            (2) Limitation.--The availability of funds transferred to 
        the Fund under subsection (a)(2)(C) shall be subject to the 
        provisions of section 1729A of title 38, United States Code.
            (3) Period of availability.--
                    (A) In general.--Except as provided in subparagraph 
                (B), funds transferred to the Fund under subsection (a)

[[Page 123 STAT. 2573]]

                shall be available under paragraph (1) for one fiscal 
                year after transfer.
                    (B) Exception.--Of an amount transferred to the Fund 
                under subsection (a), an amount not to exceed two 
                percent of such amount shall be available under 
                paragraph (1) for two fiscal years after transfer.

    (c) Financial Reconciliation.--The executive agreement under section 
1701 shall provide for the development and implementation of an 
integrated financial reconciliation process that meets the fiscal 
reconciliation requirements of the Department of Defense, the Department 
of the Navy, and the Department of Veterans Affairs. The process shall 
permit each of the Department of Defense, the Department of Navy, and 
the Department of Veterans Affairs to identify their fiscal 
contributions to the Fund, taking into consideration accounting, 
workload, and financial management differences.
    (d) Annual Report.--The Secretary of Defense, in consultation with 
the Secretary of the Navy, and the Secretary of Veterans Affairs shall 
jointly provide for an annual independent review of the Fund for at 
least three years after the date of the enactment of this Act. Such 
review shall include detailed statements of the uses of amounts of the 
Fund and an evaluation of the adequacy of the proportional share 
contributed to the Fund by each of the Secretary of Defense and the 
Secretary of Veterans Affairs.
    (e) Termination.--The authorities in this section shall terminate on 
September 30, 2015.
SEC. 1705. ELIGIBILITY OF MEMBERS OF THE UNIFORMED SERVICES FOR 
                          CARE AND SERVICES.

    (a) In General.--For purposes of eligibility for health care under 
chapter 55 of title 10, United States Code, the facility may be treated 
as a facility of the uniformed services to the extent provided in the 
executive agreement under section 1701.
    (b) Priority of Treatment.--The executive agreement under section 
1701 shall provide an integrated priority list for access to health care 
at the facility, which list shall--
            (1) integrate the respective health care priority lists of 
        the Secretary of Defense and the Secretary of Veterans Affairs, 
        giving first priority of care to members of the Armed Forces on 
        active duty; and
            (2) take into account categories of beneficiaries, 
        enrollment program status, and such other matters as the 
        Secretary of Defense and the Secretary of Veterans Affairs 
        jointly consider appropriate.

    (c) Additional Elements.--The executive agreement under section 1701 
may include provisions as follows:
            (1) To incorporate any resource-related limitations for 
        access to health care at the facility that the Secretary of 
        Defense may establish for purposes of administering space-
        available eligibility for care in facilities of the uniformed 
        services under chapter 55 of title 10, United States Code.
            (2) To waive the applicability to the facility of any 
        provision of section 8111(e) of title 38, United States Code, 
        that the Secretary of Defense and the Secretary of Veterans 
        Affairs shall jointly specify.
            (3) To allocate financial responsibility for care provided 
        at the facility for individuals who are eligible for care under

[[Page 123 STAT. 2574]]

        both chapter 55 of title 10, United States Code, and title 38, 
        United States Code.
SEC. 1706. EXTENSION OF DOD-VA HEALTH CARE SHARING INCENTIVE FUND.

    Section 8111(d)(3) of title 38, United States Code, is amended by 
striking ``September 30, 2010'' and inserting ``September 30, 2015''.

       TITLE XVIII--MILITARY <<NOTE: Military Commissions Act of 
2009.>> COMMISSIONS

Sec. 1801. Short title.
Sec. 1802. Military commissions.
Sec. 1803. Conforming amendments.
Sec. 1804. Proceedings under prior statute.
Sec. 1805. Submittal to Congress of revised rules for military 
           commissions.
Sec. 1806. Annual reports to Congress on trials by military commission.
Sec. 1807. Sense of Congress on military commission system.

SEC. 1801. <<NOTE: 10 USC 948a note.>> SHORT TITLE.

    This title may be cited as the ``Military Commissions Act of 2009''.
SEC. 1802. MILITARY COMMISSIONS.

    Chapter 47A of title 10, United States Code, is amended to read as 
follows:

                   ``CHAPTER 47A--MILITARY COMMISSIONS

``SUBCHAPTER                                                        Sec.
``I. General Provisions........................................... 948a.
``II. Composition of Military Commissions......................... 948h.
``III. Pre-Trial Procedure........................................ 948q.
``IV. Trial Procedure............................................. 949a.
``V. Classified Information Procedures...........................949p-1.
``VI. Sentences................................................... 949s.
``VII. Post-Trial Procedures and Review of Military Commissions... 950a.
``VIII. Punitive Matters.......................................... 950p.

                   ``SUBCHAPTER I--GENERAL PROVISIONS

``Sec.
``948a. Definitions.
``948b. Military commissions generally.
``948c. Persons subject to military commissions.
``948d. Jurisdiction of military commissions.

``Sec. 948a. Definitions

    ``In this chapter:
            ``(1) Alien.--The term `alien' means an individual who is 
        not a citizen of the United States.
            ``(2) Classified information.--The term `classified 
        information' means the following:
                    ``(A) Any information or material that has been 
                determined by the United States Government pursuant to 
                statute, Executive order, or regulation to require 
                protection against unauthorized disclosure for reasons 
                of national security.
                    ``(B) Any restricted data, as that term is defined 
                in section 11 y. of the Atomic Energy Act of 1954 (42 
                U.S.C. 2014(y)).

[[Page 123 STAT. 2575]]

            ``(3) Coalition partner.--The term `coalition partner', with 
        respect to hostilities engaged in by the United States, means 
        any State or armed force directly engaged along with the United 
        States in such hostilities or providing direct operational 
        support to the United States in connection with such 
        hostilities.
            ``(4) Geneva convention relative to the treatment of 
        prisoners of war.--The term `Geneva Convention Relative to the 
        Treatment of Prisoners of War' means the Convention Relative to 
        the Treatment of Prisoners of War, done at Geneva August 12, 
        1949 (6 UST 3316).
            ``(5) Geneva conventions.--The term `Geneva Conventions' 
        means the international conventions signed at Geneva on August 
        12, 1949.
            ``(6) Privileged belligerent.--The term `privileged 
        belligerent' means an individual belonging to one of the eight 
        categories enumerated in Article 4 of the Geneva Convention 
        Relative to the Treatment of Prisoners of War.
            ``(7) Unprivileged enemy belligerent.--The term 
        `unprivileged enemy belligerent' means an individual (other than 
        a privileged belligerent) who--
                    ``(A) has engaged in hostilities against the United 
                States or its coalition partners;
                    ``(B) has purposefully and materially supported 
                hostilities against the United States or its coalition 
                partners; or
                    ``(C) was a part of al Qaeda at the time of the 
                alleged offense under this chapter.
            ``(8) National security.--The term `national security' means 
        the national defense and foreign relations of the United States.
            ``(9) Hostilities.--The term `hostilities' means any 
        conflict subject to the laws of war.
``Sec. 948b. Military commissions generally

    ``(a) Purpose.--This chapter establishes procedures governing the 
use of military commissions to try alien unprivileged enemy belligerents 
for violations of the law of war and other offenses triable by military 
commission.
    ``(b) Authority for Military Commissions Under This Chapter.--The 
President is authorized to establish military commissions under this 
chapter for offenses triable by military commission as provided in this 
chapter.
    ``(c) Construction of Provisions.--The procedures for military 
commissions set forth in this chapter are based upon the procedures for 
trial by general courts-martial under chapter 47 of this title (the 
Uniform Code of Military Justice). Chapter 47 of this title does not, by 
its terms, apply to trial by military commission except as specifically 
provided therein or in this chapter, and many of the provisions of 
chapter 47 of this title are by their terms inapplicable to military 
commissions. The judicial construction and application of chapter 47 of 
this title, while instructive, is therefore not of its own force binding 
on military commissions established under this chapter.
    ``(d) Inapplicability of Certain Provisions.--(1) The following 
provisions of this title shall not apply to trial by military commission 
under this chapter:

[[Page 123 STAT. 2576]]

            ``(A) Section 810 (article 10 of the Uniform Code of 
        Military Justice), relating to speedy trial, including any rule 
        of courts-martial relating to speedy trial.
            ``(B) Sections 831(a), (b), and (d) (articles 31(a), (b), 
        and (d) of the Uniform Code of Military Justice), relating to 
        compulsory self-incrimination.
            ``(C) Section 832 (article 32 of the Uniform Code of 
        Military Justice), relating to pretrial investigation.

    ``(2) <<NOTE: Applicability.>> Other provisions of chapter 47 of 
this title shall apply to trial by military commission under this 
chapter only to the extent provided by the terms of such provisions or 
by this chapter.

    ``(e) Geneva Conventions Not Establishing Private Right of Action.--
No alien unprivileged enemy belligerent subject to trial by military 
commission under this chapter may invoke the Geneva Conventions as a 
basis for a private right of action.
``Sec. 948c. Persons subject to military commissions

    ``Any alien unprivileged enemy belligerent is subject to trial by 
military commission as set forth in this chapter.
``Sec. 948d. Jurisdiction of military commissions

    ``A military commission under this chapter shall have jurisdiction 
to try persons subject to this chapter for any offense made punishable 
by this chapter, sections 904 and 906 of this title (articles 104 and 
106 of the Uniform Code of Military Justice), or the law of war, whether 
such offense was committed before, on, or after September 11, 2001, and 
may, under such limitations as the President may prescribe, adjudge any 
punishment not forbidden by this chapter, including the penalty of death 
when specifically authorized under this chapter. A military commission 
is a competent tribunal to make a finding sufficient for jurisdiction.

          ``SUBCHAPTER II--COMPOSITION OF MILITARY COMMISSIONS

``Sec.
``948h. Who may convene military commissions.
``948i. Who may serve on military commissions.
``948j. Military judge of a military commission.
``948k. Detail of trial counsel and defense counsel.
``948l. Detail or employment of reporters and interpreters.
``948m. Number of members; excuse of members; absent and additional 
           members.

``Sec. 948h. Who may convene military commissions

    ``Military commissions under this chapter may be convened by the 
Secretary of Defense or by any officer or official of the United States 
designated by the Secretary for that purpose.
``Sec. 948i. Who may serve on military commissions

    ``(a) In General.--Any commissioned officer of the armed forces on 
active duty is eligible to serve on a military commission under this 
chapter, including commissioned officers of the reserve components of 
the armed forces on active duty, commissioned officers of the National 
Guard on active duty in Federal service, or retired commissioned 
officers recalled to active duty.
    ``(b) Detail of Members.--When convening a military commission under 
this chapter, the convening authority shall detail as members thereof 
such members of the armed forces eligible under subsection (a) who, in 
the opinion of the convening authority, are

[[Page 123 STAT. 2577]]

best qualified for the duty by reason of age, education, training, 
experience, length of service, and judicial temperament. No member of an 
armed force is eligible to serve as a member of a military commission 
when such member is the accuser or a witness for the prosecution or has 
acted as an investigator or counsel in the same case.
    ``(c) Excuse of Members.--Before a military commission under this 
chapter is assembled for the trial of a case, the convening authority 
may excuse a member from participating in the case.
``Sec. 948j. Military judge of a military commission

    ``(a) Detail of Military Judge.-- <<NOTE: Regulations.>> A military 
judge shall be detailed to each military commission under this chapter. 
The Secretary of Defense shall prescribe regulations providing for the 
manner in which military judges are so detailed to military commissions. 
The military judge shall preside over each military commission to which 
such military judge has been detailed.

    ``(b) Eligibility.--A military judge shall be a commissioned officer 
of the armed forces who is a member of the bar of a Federal court, or a 
member of the bar of the highest court of a State, and who is certified 
to be qualified for duty under section 826 of this title (article 26 of 
the Uniform Code of Military Justice) as a military judge of general 
courts-martial by the Judge Advocate General of the armed force of which 
such military judge is a member.
    ``(c) Ineligibility of Certain Individuals.--No person is eligible 
to act as military judge in a case of a military commission under this 
chapter if such person is the accuser or a witness or has acted as 
investigator or a counsel in the same case.
    ``(d) Consultation With Members; Ineligibility to Vote.--A military 
judge detailed to a military commission under this chapter may not 
consult with the members except in the presence of the accused (except 
as otherwise provided in section 949d of this title), trial counsel, and 
defense counsel, nor may such military judge vote with the members.
    ``(e) Other Duties.--A commissioned officer who is certified to be 
qualified for duty as a military judge of a military commission under 
this chapter may perform such other duties as are assigned to such 
officer by or with the approval of the Judge Advocate General of the 
armed force of which such officer is a member or the designee of such 
Judge Advocate General.
    ``(f) Prohibition on Evaluation of Fitness by Convening Authority.--
The convening authority of a military commission under this chapter may 
not prepare or review any report concerning the effectiveness, fitness, 
or efficiency of a military judge detailed to the military commission 
which relates to such judge's performance of duty as a military judge on 
the military commission.
``Sec. 948k. Detail of trial counsel and defense counsel

    ``(a) Detail of Counsel Generally.--(1) Trial counsel and military 
defense counsel shall be detailed for each military commission under 
this chapter.
    ``(2) Assistant trial counsel and assistant and associate defense 
counsel may be detailed for a military commission under this chapter.
    ``(3) Military defense counsel for a military commission under this 
chapter shall be detailed as soon as practicable.

[[Page 123 STAT. 2578]]

    ``(4) <<NOTE: Regulations.>> The Secretary of Defense shall 
prescribe regulations providing for the manner in which trial counsel 
and military defense counsel are detailed for military commissions under 
this chapter and for the persons who are authorized to detail such 
counsel for such military commissions.

    ``(b) Trial Counsel.--Subject to subsection (e), a trial counsel 
detailed for a military commission under this chapter shall be--
            ``(1) a judge advocate (as that term is defined in section 
        801 of this title (article 1 of the Uniform Code of Military 
        Justice)) who is--
                    ``(A) a graduate of an accredited law school or a 
                member of the bar of a Federal court or of the highest 
                court of a State; and
                    ``(B) certified as competent to perform duties as 
                trial counsel before general courts-martial by the Judge 
                Advocate General of the armed force of which such judge 
                advocate is a member; or
            ``(2) a civilian who is--
                    ``(A) a member of the bar of a Federal court or of 
                the highest court of a State; and
                    ``(B) otherwise qualified to practice before the 
                military commission pursuant to regulations prescribed 
                by the Secretary of Defense.

    ``(c) Defense Counsel.--(1) Subject to subsection (e), a military 
defense counsel detailed for a military commission under this chapter 
shall be a judge advocate (as so defined) who is--
            ``(A) a graduate of an accredited law school or a member of 
        the bar of a Federal court or of the highest court of a State; 
        and
            ``(B) certified as competent to perform duties as defense 
        counsel before general courts-martial by the Judge Advocate 
        General of the armed force of which such judge advocate is a 
        member.

    ``(2) <<NOTE: Regulations.>> The Secretary of Defense shall 
prescribe regulations for the appointment and performance of defense 
counsel in capital cases under this chapter.

    ``(d) Chief Prosecutor; Chief Defense Counsel.--(1) The Chief 
Prosecutor in a military commission under this chapter shall meet the 
requirements set forth in subsection (b)(1).
    ``(2) The Chief Defense Counsel in a military commission under this 
chapter shall meet the requirements set forth in subsection (c)(1).
    ``(e) Ineligibility of Certain Individuals.--No person who has acted 
as an investigator, military judge, or member of a military commission 
under this chapter in any case may act later as trial counsel or 
military defense counsel in the same case. No person who has acted for 
the prosecution before a military commission under this chapter may act 
later in the same case for the defense, nor may any person who has acted 
for the defense before a military commission under this chapter act 
later in the same case for the prosecution.
``Sec. 948l. Detail or employment of reporters and interpreters

    ``(a) Court Reporters.--Under such regulations as the Secretary of 
Defense may prescribe, the convening authority of a military commission 
under this chapter shall detail to or employ for the military commission 
qualified court reporters, who shall prepare

[[Page 123 STAT. 2579]]

a verbatim record of the proceedings of and testimony taken before the 
military commission.
    ``(b) Interpreters.--Under such regulations as the Secretary of 
Defense may prescribe, the convening authority of a military commission 
under this chapter may detail to or employ for the military commission 
interpreters who shall interpret for the military commission, and, as 
necessary, for trial counsel and defense counsel for the military 
commission, and for the accused.
    ``(c) Transcript; Record.--The transcript of a military commission 
under this chapter shall be under the control of the convening authority 
of the military commission, who shall also be responsible for preparing 
the record of the proceedings of the military commission.
``Sec. 948m. Number of members; excuse of members; absent and 
                  additional members

    ``(a) Number of Members.--(1) Except as provided in paragraph (2), a 
military commission under this chapter shall have at least five members.
    ``(2) In a case in which the accused before a military commission 
under this chapter may be sentenced to a penalty of death, the military 
commission shall have the number of members prescribed by section 
949m(c) of this title.
    ``(b) Excuse of Members.--No member of a military commission under 
this chapter may be absent or excused after the military commission has 
been assembled for the trial of a case unless excused--
            ``(1) as a result of challenge;
            ``(2) by the military judge for physical disability or other 
        good cause; or
            ``(3) by order of the convening authority for good cause.

    ``(c) Absent and Additional Members.--Whenever a military commission 
under this chapter is reduced below the number of members required by 
subsection (a), the trial may not proceed unless the convening authority 
details new members sufficient to provide not less than such number. The 
trial may proceed with the new members present after the recorded 
evidence previously introduced before the members has been read to the 
military commission in the presence of the military judge, the accused 
(except as provided in section 949d of this title), and counsel for both 
sides.

                  ``SUBCHAPTER III--PRE-TRIAL PROCEDURE

``Sec.
``948q. Charges and specifications.
``948r. Exclusion of statements obtained by torture or cruel, inhuman, 
           or degrading treatment; prohibition of self-incrimination; 
           admission of other statements of the accused.
``948s. Service of charges.

``Sec. 948q. Charges and specifications

    ``(a) Charges and Specifications.--Charges and specifications 
against an accused in a military commission under this chapter shall be 
signed by a person subject to chapter 47 of this title under oath before 
a commissioned officer of the armed forces authorized to administer 
oaths and shall state--
            ``(1) that the signer has personal knowledge of, or reason 
        to believe, the matters set forth therein; and

[[Page 123 STAT. 2580]]

            ``(2) that such matters are true in fact to the best of the 
        signer's knowledge and belief.

    ``(b) Notice to Accused.--Upon the swearing of the charges and 
specifications in accordance with subsection (a), the accused shall be 
informed of the charges and specifications against the accused as soon 
as practicable.
``Sec. 948r. Exclusion of statements obtained by torture or cruel, 
                  inhuman, or degrading treatment; prohibition of 
                  self-incrimination; admission of other 
                  statements of the accused

    ``(a) Exclusion of Statements Obtain by Torture or Cruel, Inhuman, 
or Degrading Treatment.--No statement obtained by the use of torture or 
by cruel, inhuman, or degrading treatment (as defined by section 1003 of 
the Detainee Treatment Act of 2005 (42 U.S.C. 2000dd)), whether or not 
under color of law, shall be admissible in a military commission under 
this chapter, except against a person accused of torture or such 
treatment as evidence that the statement was made.
    ``(b) Self-incrimination Prohibited.--No person shall be required to 
testify against himself or herself at a proceeding of a military 
commission under this chapter.
    ``(c) Other Statements of the Accused.--A statement of the accused 
may be admitted in evidence in a military commission under this chapter 
only if the military judge finds--
            ``(1) that the totality of the circumstances renders the 
        statement reliable and possessing sufficient probative value; 
        and
            ``(2) that--
                    ``(A) the statement was made incident to lawful 
                conduct during military operations at the point of 
                capture or during closely related active combat 
                engagement, and the interests of justice would best be 
                served by admission of the statement into evidence; or
                    ``(B) the statement was voluntarily given.

    ``(d) Determination of Voluntariness.--In determining for purposes 
of subsection (c)(2)(B) whether a statement was voluntarily given, the 
military judge shall consider the totality of the circumstances, 
including, as appropriate, the following:
            ``(1) The details of the taking of the statement, accounting 
        for the circumstances of the conduct of military and 
        intelligence operations during hostilities.
            ``(2) The characteristics of the accused, such as military 
        training, age, and education level.
            ``(3) The lapse of time, change of place, or change in 
        identity of the questioners between the statement sought to be 
        admitted and any prior questioning of the accused.
``Sec. 948s. Service of charges

    ``The trial counsel assigned to a case before a military commission 
under this chapter shall cause to be served upon the accused and 
military defense counsel a copy of the charges upon which trial is to be 
had in English and, if appropriate, in another language that the accused 
understands, sufficiently in advance of trial to prepare a defense.

[[Page 123 STAT. 2581]]

                    ``SUBCHAPTER IV--TRIAL PROCEDURE

``Sec.
``949a. Rules.
``949b. Unlawfully influencing action of military commission and United 
           States Court of Military Commission Review.
``949c. Duties of trial counsel and defense counsel.
``949d. Sessions.
``949e. Continuances.
``949f. Challenges.
``949g. Oaths.
``949h. Former jeopardy.
``949i. Pleas of the accused.
``949j. Opportunity to obtain witnesses and other evidence.
``949k. Defense of lack of mental responsibility.
``949l. Voting and rulings.
``949m. Number of votes required.
``949n. Military commission to announce action.
``949o. Record of trial.

``Sec. 949a. Rules

    ``(a) Procedures and Rules of Evidence.--Pretrial, trial, and post-
trial procedures, including elements and modes of proof, for cases 
triable by military commission under this chapter may be prescribed by 
the Secretary of Defense. Such procedures may not be contrary to or 
inconsistent with this chapter. <<NOTE: Applicability.>> Except as 
otherwise provided in this chapter or chapter 47 of this title, the 
procedures and rules of evidence applicable in trials by general courts-
martial of the United States shall apply in trials by military 
commission under this chapter.

    ``(b) Exceptions.--(1) In trials by military commission under this 
chapter, the Secretary of Defense, in consultation with the Attorney 
General, may make such exceptions in the applicability of the procedures 
and rules of evidence otherwise applicable in general courts-martial as 
may be required by the unique circumstances of the conduct of military 
and intelligence operations during hostilities or by other practical 
need consistent with this chapter.
    ``(2) Notwithstanding any exceptions authorized by paragraph (1), 
the procedures and rules of evidence in trials by military commission 
under this chapter shall include, at a minimum, the following rights of 
the accused:
            ``(A) To present evidence in the accused's defense, to 
        cross-examine the witnesses who testify against the accused, and 
        to examine and respond to all evidence admitted against the 
        accused on the issue of guilt or innocence and for sentencing, 
        as provided for by this chapter.
            ``(B) To be present at all sessions of the military 
        commission (other than those for deliberations or voting), 
        except when excluded under section 949d of this title.
            ``(C)(i) When none of the charges preferred against the 
        accused are capital, to be represented before a military 
        commission by civilian counsel if provided at no expense to the 
        Government, and by either the defense counsel detailed or the 
        military counsel of the accused's own selection, if reasonably 
        available.
            ``(ii) When any of the charges preferred against the accused 
        are capital, to be represented before a military commission in 
        accordance with clause (i) and, to the greatest extent 
        practicable, by at least one additional counsel who is learned 
        in applicable law relating to capital cases and who, if 
        necessary, may be a civilian and compensated in accordance with 
        regulations prescribed by the Secretary of Defense.

[[Page 123 STAT. 2582]]

            ``(D) To self-representation, if the accused knowingly and 
        competently waives the assistance of counsel, subject to the 
        provisions of paragraph (4).
            ``(E) To the suppression of evidence that is not reliable or 
        probative.
            ``(F) To the suppression of evidence the probative value of 
        which is substantially outweighed by--
                    ``(i) the danger of unfair prejudice, confusion of 
                the issues, or misleading the members; or
                    ``(ii) considerations of undue delay, waste of time, 
                or needless presentation of cumulative evidence.

    ``(3) In making exceptions in the applicability in trials by 
military commission under this chapter from the procedures and rules 
otherwise applicable in general courts-martial, the Secretary of Defense 
may provide the following:
            ``(A) Evidence seized outside the United States shall not be 
        excluded from trial by military commission on the grounds that 
        the evidence was not seized pursuant to a search warrant or 
        authorization.
            ``(B) A statement of the accused that is otherwise 
        admissible shall not be excluded from trial by military 
        commission on grounds of alleged coercion or compulsory self-
        incrimination so long as the evidence complies with the 
        provisions of section 948r of this title.
            ``(C) Evidence shall be admitted as authentic so long as--
                    ``(i) the military judge of the military commission 
                determines that there is sufficient evidence that the 
                evidence is what it is claimed to be; and
                    ``(ii) the military judge instructs the members that 
                they may consider any issue as to authentication or 
                identification of evidence in determining the weight, if 
                any, to be given to the evidence.
            ``(D) Hearsay evidence not otherwise admissible under the 
        rules of evidence applicable in trial by general courts-martial 
        may be admitted in a trial by military commission only if--
                    ``(i) the proponent of the evidence makes known to 
                the adverse party, sufficiently in advance to provide 
                the adverse party with a fair opportunity to meet the 
                evidence, the proponent's intention to offer the 
                evidence, and the particulars of the evidence (including 
                information on the circumstances under which the 
                evidence was obtained); and
                    ``(ii) <<NOTE: Determination.>> the military judge, 
                after taking into account all of the circumstances 
                surrounding the taking of the statement, including the 
                degree to which the statement is corroborated, the 
                indicia of reliability within the statement itself, and 
                whether the will of the declarant was overborne, 
                determines that--
                          ``(I) the statement is offered as evidence of 
                      a material fact;
                          ``(II) the statement is probative on the point 
                      for which it is offered;
                          ``(III) direct testimony from the witness is 
                      not available as a practical matter, taking into 
                      consideration the physical location of the 
                      witness, the unique circumstances of military and 
                      intelligence operations during hostilities, and 
                      the adverse impacts on military

[[Page 123 STAT. 2583]]

                      or intelligence operations that would likely 
                      result from the production of the witness; and
                          ``(IV) the general purposes of the rules of 
                      evidence and the interests of justice will best be 
                      served by admission of the statement into 
                      evidence.

    ``(4)(A) The accused in a military commission under this chapter who 
exercises the right to self-representation under paragraph (2)(D) shall 
conform the accused's deportment and the conduct of the defense to the 
rules of evidence, procedure, and decorum applicable to trials by 
military commission.
    ``(B) Failure of the accused to conform to the rules described in 
subparagraph (A) may result in a partial or total revocation by the 
military judge of the right of self-representation under paragraph 
(2)(D). In such case, the military counsel of the accused or an 
appropriately authorized civilian counsel shall perform the functions 
necessary for the defense.
    ``(c) Delegation of Authority To Prescribe Regulations.--The 
Secretary of Defense may delegate the authority of the Secretary to 
prescribe regulations under this chapter.
    ``(d) <<NOTE: Deadline. Reports.>> Notice to Congress of 
Modification of Rules.--Not later than 60 days before the date on which 
any proposed modification of the rules in effect for military 
commissions under this chapter goes into effect, the Secretary of 
Defense shall submit to the Committee on Armed Services of the Senate 
and the Committee on Armed Services of the House of Representatives a 
report describing the proposed modification.
``Sec. 949b. Unlawfully influencing action of military commission 
                  and United States Court of Military Commission 
                  Review

    ``(a) Military Commissions.--(1) No authority convening a military 
commission under this chapter may censure, reprimand, or admonish the 
military commission, or any member, military judge, or counsel thereof, 
with respect to the findings or sentence adjudged by the military 
commission, or with respect to any other exercises of its or their 
functions in the conduct of the proceedings.
    ``(2) No person may attempt to coerce or, by any unauthorized means, 
influence--
            ``(A) the action of a military commission under this 
        chapter, or any member thereof, in reaching the findings or 
        sentence in any case;
            ``(B) the action of any convening, approving, or reviewing 
        authority with respect to their judicial acts; or
            ``(C) the exercise of professional judgment by trial counsel 
        or defense counsel.

    ``(3) The provisions of this subsection shall not apply with respect 
to--
            ``(A) general instructional or informational courses in 
        military justice if such courses are designed solely for the 
        purpose of instructing members of a command in the substantive 
        and procedural aspects of military commissions; or
            ``(B) statements and instructions given in open proceedings 
        by a military judge or counsel.

    ``(b) United States Court of Military Commission Review.--(1) No 
person may attempt to coerce or, by any unauthorized means, influence--

[[Page 123 STAT. 2584]]

            ``(A) the action of a military appellate judge or other duly 
        appointed judge under this chapter on the United States Court of 
        Military Commissions Review in reaching a decision on the 
        findings or sentence on appeal in any case; or
            ``(B) the exercise of professional judgment by trial counsel 
        or defense counsel appearing before the United States Court of 
        Military Commission Review.

    ``(2) No person may censure, reprimand, or admonish a military 
appellate judge on the United States Court of Military Commission 
Review, or counsel thereof, with respect to any exercise of their 
functions in the conduct of proceedings under this chapter.
    ``(3) The provisions of this subsection shall not apply with respect 
to--
            ``(A) general instructional or informational courses in 
        military justice if such courses are designed solely for the 
        purpose of instructing members of a command in the substantive 
        and procedural aspects of military commissions; or
            ``(B) statements and instructions given in open proceedings 
        by an appellate military judge or a duly appointed appellate 
        judge on the United States Court of Military Commission Review, 
        or counsel.

    ``(4) No appellate military judge on the United States Court of 
Military Commission Review may be reassigned to other duties, except 
under circumstances as follows:
            ``(A) The appellate military judge voluntarily requests to 
        be reassigned to other duties and the Secretary of Defense, or 
        the designee of the Secretary, in consultation with the Judge 
        Advocate General of the armed force of which the appellate 
        military judge is a member, approves such reassignment.
            ``(B) The appellate military judge retires or otherwise 
        separates from the armed forces.
            ``(C) The appellate military judge is reassigned to other 
        duties by the Secretary of Defense, or the designee of the 
        Secretary, in consultation with the Judge Advocate General of 
        the armed force of which the appellate military judge is a 
        member, based on military necessity and such reassignment is 
        consistent with service rotation regulations (to the extent such 
        regulations are applicable).
            ``(D) The appellate military judge is withdrawn by the 
        Secretary of Defense, or the designee of the Secretary, in 
        consultation with the Judge Advocate General of the armed force 
        of which the appellate military judge is a member, for good 
        cause consistent with applicable procedures under chapter 47 of 
        this title (the Uniform Code of Military Justice).

    ``(c) Prohibition on Consideration of Actions on Commission in 
Evaluation of Fitness.--In the preparation of an effectiveness, fitness, 
or efficiency report or any other report or document used in whole or in 
part for the purpose of determining whether a commissioned officer of 
the armed forces is qualified to be advanced in grade, or in determining 
the assignment or transfer of any such officer or whether any such 
officer should be retained on active duty, no person may--
            ``(1) consider or evaluate the performance of duty of any 
        member of a military commission under this chapter; or
            ``(2) give a less favorable rating or evaluation to any 
        commissioned officer because of the zeal with which such 
        officer,

[[Page 123 STAT. 2585]]

        in acting as counsel, represented any accused before a military 
        commission under this chapter.
``Sec. 949c. Duties of trial counsel and defense counsel

    ``(a) Trial Counsel.--The trial counsel of a military commission 
under this chapter shall prosecute in the name of the United States.
    ``(b) Defense Counsel.--(1) The accused shall be represented in the 
accused's defense before a military commission under this chapter as 
provided in this subsection.
    ``(2) The accused may be represented by military counsel detailed 
under section 948k of this title or by military counsel of the accused's 
own selection, if reasonably available.
    ``(3) The accused may be represented by civilian counsel if retained 
by the accused, provided that such civilian counsel--
            ``(A) is a United States citizen;
            ``(B) is admitted to the practice of law in a State, 
        district, or possession of the United States, or before a 
        Federal court;
            ``(C) has not been the subject of any sanction of 
        disciplinary action by any court, bar, or other competent 
        governmental authority for relevant misconduct;
            ``(D) has been determined to be eligible for access to 
        information classified at the level Secret or higher; and
            ``(E) has signed a written agreement to comply with all 
        applicable regulations or instructions for counsel, including 
        any rules of court for conduct during the proceedings.

    ``(4) If the accused is represented by civilian counsel, military 
counsel shall act as associate counsel.
    ``(5) The accused is not entitled to be represented by more than one 
military counsel. However, the person authorized under regulations 
prescribed under section 948k of this title to detail counsel, in such 
person's sole discretion, may detail additional military counsel to 
represent the accused.
    ``(6) Defense counsel may cross-examine each witness for the 
prosecution who testifies before a military commission under this 
chapter.
    ``(7) Civilian defense counsel shall protect any classified 
information received during the course of representation of the accused 
in accordance with all applicable law governing the protection of 
classified information, and may not divulge such information to any 
person not authorized to receive it.
``Sec. 949d. Sessions

    ``(a) Sessions Without Presence of Members.--(1) At any time after 
the service of charges which have been referred for trial by military 
commission under this chapter, the military judge may call the military 
commission into session without the presence of the members for the 
purpose of--
            ``(A) hearing and determining motions raising defenses or 
        objections which are capable of determination without trial of 
        the issues raised by a plea of not guilty;
            ``(B) hearing and ruling upon any matter which may be ruled 
        upon by the military judge under this chapter, whether or not 
        the matter is appropriate for later consideration or decision by 
        the members;
            ``(C) <<NOTE: Regulations.>> if permitted by regulations 
        prescribed by the Secretary of Defense, receiving the pleas of 
        the accused; and

[[Page 123 STAT. 2586]]

            ``(D) performing any other procedural function which may be 
        performed by the military judge under this chapter or under 
        rules prescribed pursuant to section 949a of this title and 
        which does not require the presence of the members.

    ``(2) <<NOTE: Records.>> Except as provided in subsections (b), (c), 
and (d), any proceedings under paragraph (1) shall be conducted in the 
presence of the accused, defense counsel, and trial counsel, and shall 
be made part of the record.

    ``(b) Deliberation or Vote of Members.--When the members of a 
military commission under this chapter deliberate or vote, only the 
members may be present.
    ``(c) Closure of Proceedings.--(1) The military judge may close to 
the public all or part of the proceedings of a military commission under 
this chapter.
    ``(2) The military judge may close to the public all or a portion of 
the proceedings under paragraph (1) only upon making a specific finding 
that such closure is necessary to--
            ``(A) protect information the disclosure of which could 
        reasonably be expected to cause damage to the national security, 
        including intelligence or law enforcement sources, methods, or 
        activities; or
            ``(B) ensure the physical safety of individuals.

    ``(3) A finding under paragraph (2) may be based upon a 
presentation, including a presentation ex parte or in camera, by either 
trial counsel or defense counsel.
    ``(d) Exclusion of Accused From Certain Proceedings.--
The <<NOTE: Determination.>> military judge may exclude the accused from 
any portion of a proceeding upon a determination that, after being 
warned by the military judge, the accused persists in conduct that 
justifies exclusion from the courtroom--
            ``(1) to ensure the physical safety of individuals; or
            ``(2) to prevent disruption of the proceedings by the 
        accused.
``Sec. 949e. Continuances

    ``The military judge in a military commission under this chapter 
may, for reasonable cause, grant a continuance to any party for such 
time, and as often, as may appear to be just.
``Sec. 949f. Challenges

    ``(a) Challenges Authorized.-- <<NOTE: Determination.>> The military 
judge and members of a military commission under this chapter may be 
challenged by the accused or trial counsel for cause stated to the 
military commission. The military judge shall determine the relevance 
and validity of challenges for cause, and may not receive a challenge to 
more than one person at a time. Challenges by trial counsel shall 
ordinarily be presented and decided before those by the accused are 
offered.

    ``(b) Peremptory Challenges.--The accused and trial counsel are each 
entitled to one peremptory challenge, but the military judge may not be 
challenged except for cause.
    ``(c) Challenges Against Additional Members.--Whenever additional 
members are detailed to a military commission under this chapter, and 
after any challenges for cause against such additional members are 
presented and decided, the accused and trial counsel are each entitled 
to one peremptory challenge against members not previously subject to 
peremptory challenge.

[[Page 123 STAT. 2587]]

``Sec. 949g. Oaths

    ``(a) In General.--(1) Before performing their respective duties in 
a military commission under this chapter, military judges, members, 
trial counsel, defense counsel, reporters, and interpreters shall take 
an oath to perform their duties faithfully.
    ``(2) <<NOTE: Regulations.>> The form of the oath required by 
paragraph (1), the time and place of the taking thereof, the manner of 
recording thereof, and whether the oath shall be taken for all cases in 
which duties are to be performed or for a particular case, shall be as 
provided in regulations prescribed by the Secretary of Defense. The 
regulations may provide that--
            ``(A) an oath to perform faithfully duties as a military 
        judge, trial counsel, or defense counsel may be taken at any 
        time by any judge advocate or other person certified to be 
        qualified or competent for the duty; and
            ``(B) if such an oath is taken, such oath need not again be 
        taken at the time the judge advocate or other person is detailed 
        to that duty.

    ``(b) Witnesses.--Each witness before a military commission under 
this chapter shall be examined on oath.
    ``(c) Oath Defined.--In this section, the term `oath' includes an 
affirmation.
``Sec. 949h. Former jeopardy

    ``(a) In General.--No person may, without the person's consent, be 
tried by a military commission under this chapter a second time for the 
same offense.
    ``(b) Scope of Trial.--No proceeding in which the accused has been 
found guilty by military commission under this chapter upon any charge 
or specification is a trial in the sense of this section until the 
finding of guilty has become final after review of the case has been 
fully completed.
``Sec. 949i. Pleas of the accused

    ``(a) Plea of Not Guilty.--If an accused in a military commission 
under this chapter after a plea of guilty sets up matter inconsistent 
with the plea, or if it appears that the accused has entered the plea of 
guilty through lack of understanding of its meaning and effect, or if 
the accused fails or refuses to plead, a plea of not guilty shall be 
entered in the record, and the military commission shall proceed as 
though the accused had pleaded not guilty.
    ``(b) Finding of Guilt After Guilty Plea.--With respect to any 
charge or specification to which a plea of guilty has been made by the 
accused in a military commission under this chapter and accepted by the 
military judge, a finding of guilty of the charge or specification may 
be entered immediately without a vote. The finding shall constitute the 
finding of the military commission unless the plea of guilty is 
withdrawn prior to announcement of the sentence, in which event the 
proceedings shall continue as though the accused had pleaded not guilty.
``Sec. 949j. Opportunity to obtain witnesses and other evidence

    ``(a) In General.--(1) <<NOTE: Regulations.>> Defense counsel in a 
military commission under this chapter shall have a reasonable 
opportunity to obtain witnesses and other evidence as provided in 
regulations prescribed by the Secretary of Defense. The opportunity to 
obtain witnesses and evidence shall be comparable to the opportunity 
available to

[[Page 123 STAT. 2588]]

a criminal defendant in a court of the United States under article III 
of the Constitution.

    ``(2) Process issued in military commissions under this chapter to 
compel witnesses to appear and testify and to compel the production of 
other evidence--
            ``(A) shall be similar to that which courts of the United 
        States having criminal jurisdiction may lawfully issue; and
            ``(B) shall run to any place where the United States shall 
        have jurisdiction thereof.

    ``(b) Disclosure of Exculpatory Evidence.--(1) As soon as 
practicable, trial counsel in a military commission under this chapter 
shall disclose to the defense the existence of any evidence that 
reasonably tends to--
            ``(A) negate the guilt of the accused of an offense charged; 
        or
            ``(B) reduce the degree of guilt of the accused with respect 
        to an offense charged.

    ``(2) The trial counsel shall, as soon as practicable, disclose to 
the defense the existence of evidence that reasonably tends to impeach 
the credibility of a witness whom the government intends to call at 
trial.
    ``(3) The trial counsel shall, as soon as practicable upon a finding 
of guilt, disclose to the defense the existence of evidence that is not 
subject to paragraph (1) or paragraph (2) but that reasonably may be 
viewed as mitigation evidence at sentencing.
    ``(4) The disclosure obligations under this subsection encompass 
evidence that is known or reasonably should be known to any government 
officials who participated in the investigation and prosecution of the 
case against the defendant.
``Sec. 949k. Defense of lack of mental responsibility

    ``(a) Affirmative Defense.--It is an affirmative defense in a trial 
by military commission under this chapter that, at the time of the 
commission of the acts constituting the offense, the accused, as a 
result of a severe mental disease or defect, was unable to appreciate 
the nature and quality or the wrongfulness of the acts. Mental disease 
or defect does not otherwise constitute a defense.
    ``(b) Burden of Proof.--The accused in a military commission under 
this chapter has the burden of proving the defense of lack of mental 
responsibility by clear and convincing evidence.
    ``(c) Findings Following Assertion of Defense.--Whenever lack of 
mental responsibility of the accused with respect to an offense is 
properly at issue in a military commission under this chapter, the 
military judge shall instruct the members as to the defense of lack of 
mental responsibility under this section and shall charge the members to 
find the accused--
            ``(1) guilty;
            ``(2) not guilty; or
            ``(3) subject to subsection (d), not guilty by reason of 
        lack of mental responsibility.

    ``(d) Majority Vote <<NOTE: Determination.>> Required for Finding.--
The accused shall be found not guilty by reason of lack of mental 
responsibility under subsection (c)(3) only if a majority of the members 
present at the time the vote is taken determines that the defense of 
lack of mental responsibility has been established.

[[Page 123 STAT. 2589]]

``Sec. 949l. Voting and rulings

    ``(a) Vote by Secret Written Ballot.--Voting by members of a 
military commission under this chapter on the findings and on the 
sentence shall be by secret written ballot.
    ``(b) Rulings.--(1) The military judge in a military commission 
under this chapter shall rule upon all questions of law, including the 
admissibility of evidence and all interlocutory questions arising during 
the proceedings.
    ``(2) Any ruling made by the military judge upon a question of law 
or an interlocutory question (other than the factual issue of mental 
responsibility of the accused) is conclusive and constitutes the ruling 
of the military commission. However, a military judge may change such a 
ruling at any time during the trial.
    ``(c) Instructions Prior to Vote.--Before a vote is taken of the 
findings of a military commission under this chapter, the military judge 
shall, in the presence of the accused and counsel, instruct the members 
as to the elements of the offense and charge the members--
            ``(1) that the accused must be presumed to be innocent until 
        the accused's guilt is established by legal and competent 
        evidence beyond a reasonable doubt;
            ``(2) that in the case being considered, if there is a 
        reasonable doubt as to the guilt of the accused, the doubt must 
        be resolved in favor of the accused and the accused must be 
        acquitted;
            ``(3) that, if there is reasonable doubt as to the degree of 
        guilt, the finding must be in a lower degree as to which there 
        is no reasonable doubt; and
            ``(4) that the burden of proof to establish the guilt of the 
        accused beyond a reasonable doubt is upon the United States.
``Sec. 949m. Number of votes required

    ``(a) Conviction.--No person may be convicted by a military 
commission under this chapter of any offense, except as provided in 
section 949i(b) of this title or by concurrence of two-thirds of the 
members present at the time the vote is taken.
    ``(b) Sentences.--(1) <<NOTE: Determination.>> Except as provided in 
paragraphs (2) and (3), sentences shall be determined by a military 
commission by the concurrence of two-thirds of the members present at 
the time the vote is taken.

    ``(2) No person may be sentenced to death by a military commission, 
except insofar as--
            ``(A) the penalty of death has been expressly authorized 
        under this chapter, chapter 47 of this title, or the law of war 
        for an offense of which the accused has been found guilty;
            ``(B) trial counsel expressly sought the penalty of death by 
        filing an appropriate notice in advance of trial;
            ``(C) the accused was convicted of the offense by the 
        concurrence of all the members present at the time the vote is 
        taken; and
            ``(D) all members present at the time the vote was taken 
        concurred in the sentence of death.

    ``(3) No person may be sentenced to life imprisonment, or to 
confinement for more than 10 years, by a military commission under this 
chapter except by the concurrence of three-fourths of the members 
present at the time the vote is taken.

[[Page 123 STAT. 2590]]

    ``(c) Number of Members Required for Penalty of Death.--(1) Except 
as provided in paragraph (2), in a case in which the penalty of death is 
sought, the number of members of the military commission under this 
chapter shall be not less than 12 members.
    ``(2) In any case described in paragraph (1) in which 12 members are 
not reasonably available for a military commission because of physical 
conditions or military exigencies, the convening authority shall specify 
a lesser number of members for the military commission (but not fewer 
than 9 members), and the military commission may be assembled, and the 
trial held, with not less than the number of members so specified. In 
any such case, the convening authority shall make a detailed written 
statement, to be appended to the record, stating why a greater number of 
members were not reasonably available.
``Sec. 949n. Military commission to announce action

    ``A military commission under this chapter shall announce its 
findings and sentence to the parties as soon as determined.
``Sec. 949o. Record of trial

    ``(a) Record; Authentication.--Each military commission under this 
chapter shall keep a separate, verbatim, record of the proceedings in 
each case brought before it, and the record shall be authenticated by 
the signature of the military judge. If the record cannot be 
authenticated by the military judge by reason of death, disability, or 
absence, it shall be authenticated by the signature of the trial counsel 
or by a member of the commission if the trial counsel is unable to 
authenticate it by reason of death, disability, or 
absence. <<NOTE: Regulations.>> Where appropriate, and as provided in 
regulations prescribed by the Secretary of Defense, the record of a 
military commission under this chapter may contain a classified annex.

    ``(b) Complete Record Required.--A complete record of the 
proceedings and testimony shall be prepared in every military commission 
under this chapter.
    ``(c) Provision of Copy to Accused.--A copy of the record of the 
proceedings of the military commission under this chapter shall be given 
the accused as soon as it is authenticated. If the record contains 
classified information, or a classified annex, the accused shall receive 
a redacted version of the record consistent with the requirements of 
subchapter V of this chapter. Defense counsel shall have access to the 
unredacted record, as provided in regulations prescribed by the 
Secretary of Defense.

            ``SUBCHAPTER V--CLASSIFIED INFORMATION PROCEDURES

``Sec.
``949p-1. Protection of classified information: applicability of 
           subchapter.
``949p-2. Pretrial conference.
``949p-3. Protective orders.
``949p-4. Discovery of, and access to, classified information by the 
           accused.
``949p-5. Notice by accused of intention to disclose classified 
           information.
``949p-6. Procedure for cases involving classified information.
``949p-7. Introduction of classified information into evidence.

``Sec. 949p-1. Protection of classified information: applicability 
                      of subchapter

    ``(a) Protection of Classified Information.--Classified information 
shall be protected and is privileged from disclosure if disclosure would 
be detrimental to the national security. Under

[[Page 123 STAT. 2591]]

no circumstances may a military judge order the release of classified 
information to any person not authorized to receive such information.
    ``(b) Access to Evidence.--Any information admitted into evidence 
pursuant to any rule, procedure, or order by the military judge shall be 
provided to the accused.
    ``(c) Declassification.--Trial counsel shall work with the original 
classification authorities for evidence that may be used at trial to 
ensure that such evidence is declassified to the maximum extent 
possible, consistent with the requirements of national security. A 
decision not to declassify evidence under this section shall not be 
subject to review by a military commission or upon appeal.
    ``(d) Construction of Provisions.--The judicial construction of the 
Classified Information Procedures Act (18 U.S.C. App.) shall be 
authoritative in the interpretation of this subchapter, except to the 
extent that such construction is inconsistent with the specific 
requirements of this chapter.
``Sec. 949p-2. Pretrial conference

    ``(a) Motion.--At any time after service of charges, any party may 
move for a pretrial conference to consider matters relating to 
classified information that may arise in connection with the 
prosecution.
    ``(b) Conference.--Following a motion under subsection (a), or sua 
sponte, the military judge shall promptly hold a pretrial conference. 
Upon request by either party, the court shall hold such conference ex 
parte to the extent necessary to protect classified information from 
disclosure, in accordance with the practice of the Federal courts under 
the Classified Information Procedures Act (18 U.S.C. App.).
    ``(c) Matters To Be Established at Pretrial Conference.--
            ``(1) Timing of subsequent actions.--At the pretrial 
        conference, the military judge shall establish the timing of--
                    ``(A) requests for discovery;
                    ``(B) the provision of notice required by section 
                949p-5 of this title; and
                    ``(C) the initiation of the procedure established by 
                section 949p-6 of this title.
            ``(2) Other matters.--At the pretrial conference, the 
        military judge may also consider any matter--
                    ``(A) which relates to classified information; or
                    ``(B) which may promote a fair and expeditious 
                trial.

    ``(d) Effect of Admissions by Accused at Pretrial Conference.--No 
admission made by the accused or by any counsel for the accused at a 
pretrial conference under this section may be used against the accused 
unless the admission is in writing and is signed by the accused and by 
the counsel for the accused.
``Sec. 949p-3. Protective orders

    ``Upon motion of the trial counsel, the military judge shall issue 
an order to protect against the disclosure of any classified information 
that has been disclosed by the United States to any accused in any 
military commission under this chapter or that has otherwise been 
provided to, or obtained by, any such accused in any such military 
commission.

[[Page 123 STAT. 2592]]

``Sec. 949p-4. Discovery of, and access to, classified information 
                      by the accused

    ``(a) Limitations on Discovery or Access by the Accused.--
            ``(1) Declarations by the united states of damage to 
        national security.--In any case before a military commission in 
        which the United States seeks to delete, withhold, or otherwise 
        obtain other relief with respect to the discovery of or access 
        to any classified information, the trial counsel shall submit a 
        declaration invoking the United States' classified information 
        privilege and setting forth the damage to the national security 
        that the discovery of or access to such information reasonably 
        could be expected to cause. The declaration shall be signed by a 
        knowledgeable United States official possessing authority to 
        classify information.
            ``(2) Standard for authorization of discovery or access.--
        Upon the submission of a declaration under paragraph (1), the 
        military judge may not authorize the discovery of or access to 
        such classified information unless the military judge determines 
        that such classified information would be noncumulative, 
        relevant, and helpful to a legally cognizable defense, rebuttal 
        of the prosecution's case, or to sentencing, in accordance with 
        standards generally applicable to discovery of or access to 
        classified information in Federal criminal cases. If the 
        discovery of or access to such classified information is 
        authorized, it shall be addressed in accordance with the 
        requirements of subsection (b).

    ``(b) Discovery of Classified Information.--
            ``(1) Substitutions and other relief.--The military judge, 
        in assessing the accused's discovery of or access to classified 
        information under this section, may authorize the United 
        States--
                    ``(A) to delete or withhold specified items of 
                classified information;
                    ``(B) to substitute a summary for classified 
                information; or
                    ``(C) to substitute a statement admitting relevant 
                facts that the classified information or material would 
                tend to prove.
            ``(2) Ex parte presentations.--The military judge shall 
        permit the trial counsel to make a request for an authorization 
        under paragraph (1) in the form of an ex parte presentation to 
        the extent necessary to protect classified information, in 
        accordance with the practice of the Federal courts under the 
        Classified Information Procedures Act (18 U.S.C. App.). If the 
        military judge enters an order granting relief following such an 
        ex parte showing, the entire presentation (including the text of 
        any written submission, verbatim transcript of the ex parte oral 
        conference or hearing, and any exhibits received by the court as 
        part of the ex parte presentation) shall be sealed and preserved 
        in the records of the military commission to be made available 
        to the appellate court in the event of an appeal.
            ``(3) Action by military judge.--The military judge shall 
        grant the request of the trial counsel to substitute a summary 
        or to substitute a statement admitting relevant facts, or to 
        provide other relief in accordance with paragraph (1), if the 
        military judge finds that the summary, statement, or other

[[Page 123 STAT. 2593]]

        relief would provide the accused with substantially the same 
        ability to make a defense as would discovery of or access to the 
        specific classified information.

    ``(c) Reconsideration.--An order of a military judge authorizing a 
request of the trial counsel to substitute, summarize, withhold, or 
prevent access to classified information under this section is not 
subject to a motion for reconsideration by the accused, if such order 
was entered pursuant to an ex parte showing under this section.
``Sec. 949p-5. Notice by accused of intention to disclose 
                      classified information

    ``(a) Notice by Accused.--
            ``(1) Notification of trial counsel and military judge.-- 
        <<NOTE: Deadline.>> If an accused reasonably expects to 
        disclose, or to cause the disclosure of, classified information 
        in any manner in connection with any trial or pretrial 
        proceeding involving the prosecution of such accused, the 
        accused shall, within the time specified by the military judge 
        or, where no time is specified, within 30 days before trial, 
        notify the trial counsel and the military judge in writing. Such 
        notice shall include a brief description of the classified 
        information. Whenever the accused learns of additional 
        classified information the accused reasonably expects to 
        disclose, or to cause the disclosure of, at any such proceeding, 
        the accused shall notify trial counsel and the military judge in 
        writing as soon as possible thereafter and shall include a brief 
        description of the classified information.
            ``(2) Limitation on disclosure by accused.--No accused shall 
        disclose, or cause the disclosure of, any information known or 
        believed to be classified in connection with a trial or pretrial 
        proceeding until--
                    ``(A) notice has been given under paragraph (1); and
                    ``(B) the United States has been afforded a 
                reasonable opportunity to seek a determination pursuant 
                to the procedure set forth in section 949p-6 of this 
                title and the time for the United States to appeal such 
                determination under section 950d of this title has 
                expired or any appeal under that section by the United 
                States is decided.

    ``(b) Failure To Comply.--If the accused fails to comply with the 
requirements of subsection (a), the military judge--
            ``(1) may preclude disclosure of any classified information 
        not made the subject of notification; and
            ``(2) may prohibit the examination by the accused of any 
        witness with respect to any such information.
``Sec. 949p-6. Procedure for cases involving classified 
                      information

    ``(a) Motion for Hearing.--
            ``(1) Request for hearing.--Within the time specified by the 
        military judge for the filing of a motion under this section, 
        either party may request the military judge to conduct a hearing 
        to make all determinations concerning the use, relevance, or 
        admissibility of classified information that would otherwise be 
        made during the trial or pretrial proceeding.
            ``(2) Conduct of hearing.--Upon a request by either party 
        under paragraph (1), the military judge shall conduct such

[[Page 123 STAT. 2594]]

        a hearing and shall rule prior to conducting any further 
        proceedings.
            ``(3) In camera hearing upon declaration to court by 
        appropriate official of risk of disclosure of classified 
        information.--Any hearing held pursuant to this subsection (or 
        any portion of such hearing specified in the request of a 
        knowledgeable United States official) shall be held in camera if 
        a knowledgeable United States official possessing authority to 
        classify information submits to the military judge a declaration 
        that a public proceeding may result in the disclosure of 
        classified information. Classified information is not subject to 
        disclosure under this section unless the information is relevant 
        and necessary to an element of the offense or a legally 
        cognizable defense and is otherwise admissible in evidence.
            ``(4) Military judge to make determinations in writing.--As 
        to each item of classified information, the military judge shall 
        set forth in writing the basis for the determination.

    ``(b) Notice and Use of Classified Information by the Government.--
            ``(1) Notice to accused.--Before any hearing is conducted 
        pursuant to a request by the trial counsel under subsection (a), 
        trial counsel shall provide the accused with notice of the 
        classified information that is at issue. Such notice shall 
        identify the specific classified information at issue whenever 
        that information previously has been made available to the 
        accused by the United States. When the United States has not 
        previously made the information available to the accused in 
        connection with the case the information may be described by 
        generic category, in such forms as the military judge may 
        approve, rather than by identification of the specific 
        information of concern to the United States.
            ``(2) Order by military judge upon request of accused.--
        Whenever the trial counsel requests a hearing under subsection 
        (a), the military judge, upon request of the accused, may order 
        the trial counsel to provide the accused, prior to trial, such 
        details as to the portion of the charge or specification at 
        issue in the hearing as are needed to give the accused fair 
        notice to prepare for the hearing.

    ``(c) Substitutions.--
            ``(1) In camera pretrial hearing.--Upon request of the trial 
        counsel pursuant to the Military Commission Rules of Evidence, 
        and in accordance with the security procedures established by 
        the military judge, the military judge shall conduct a 
        classified in camera pretrial hearing concerning the 
        admissibility of classified information.
            ``(2) Protection of sources, methods, and activities by 
        which evidence acquired.--When trial counsel seeks to introduce 
        evidence before a military commission under this chapter and the 
        Executive branch has classified the sources, methods, or 
        activities by which the United States acquired the evidence, the 
        military judge shall permit trial counsel to introduce the 
        evidence, including a substituted evidentiary foundation 
        pursuant to the procedures described in subsection (d), while 
        protecting from disclosure information identifying those 
        sources, methods, or activities, if--
                    ``(A) the evidence is otherwise admissible; and
                    ``(B) the military judge finds that--

[[Page 123 STAT. 2595]]

                          ``(i) the evidence is reliable; and
                          ``(ii) the redaction is consistent with 
                      affording the accused a fair trial.

    ``(d) Alternative Procedure for Disclosure of Classified 
Information.--
            ``(1) Motion by the united states.--Upon any determination 
        by the military judge authorizing the disclosure of specific 
        classified information under the procedures established by this 
        section, the trial counsel may move that, in lieu of the 
        disclosure of such specific classified information, the military 
        judge order--
                    ``(A) the substitution for such classified 
                information of a statement admitting relevant facts that 
                the specific classified information would tend to prove;
                    ``(B) the substitution for such classified 
                information of a summary of the specific classified 
                information; or
                    ``(C) any other procedure or redaction limiting the 
                disclosure of specific classified information.
            ``(2) Action on motion.--The military judge shall grant such 
        a motion of the trial counsel if the military judge finds that 
        the statement, summary, or other procedure or redaction will 
        provide the defendant with substantially the same ability to 
        make his defense as would disclosure of the specific classified 
        information.
            ``(3) Hearing on motion.--The military judge shall hold a 
        hearing on any motion under this subsection. Any such hearing 
        shall be held in camera at the request of a knowledgeable United 
        States official possessing authority to classify information.
            ``(4) Submission of statement of damage to national security 
        if disclosure ordered.-- <<NOTE: Certification.>> The trial 
        counsel may, in connection with a motion under paragraph (1), 
        submit to the military judge a declaration signed by a 
        knowledgeable United States official possessing authority to 
        classify information certifying that disclosure of classified 
        information would cause identifiable damage to the national 
        security of the United States and explaining the basis for the 
        classification of such information. If so requested by the trial 
        counsel, the military judge shall examine such declaration 
        during an ex parte presentation.

    ``(e) Sealing of Records of in Camera Hearings.--If at the close of 
an in camera hearing under this section (or any portion of a hearing 
under this section that is held in camera), the military judge 
determines that the classified information at issue may not be disclosed 
or elicited at the trial or pretrial proceeding, the record of such in 
camera hearing shall be sealed and preserved for use in the event of an 
appeal. The accused may seek reconsideration of the military judge's 
determination prior to or during trial.
    ``(f) Prohibition on Disclosure of Classified Information by the 
Accused; Relief for Accused When the United States Opposes Disclosure.--
            ``(1) Order to prevent disclosure by accused.--Whenever the 
        military judge denies a motion by the trial counsel that the 
        judge issue an order under subsection (a), (c), or (d) and the 
        trial counsel files with the military judge a declaration signed 
        by a knowledgeable United States official possessing authority 
        to classify information objecting to disclosure of the 
        classified information at issue, the military judge shall order

[[Page 123 STAT. 2596]]

        that the accused not disclose or cause the disclosure of such 
        information.
            ``(2) Result of order under paragraph (1).--Whenever an 
        accused is prevented by an order under paragraph (1) from 
        disclosing or causing the disclosure of classified information, 
        the military judge shall dismiss the case, except that, when the 
        military judge determines that the interests of justice would 
        not be served by dismissal of the case, the military judge shall 
        order such other action, in lieu of dismissing the charge or 
        specification, as the military judge determines is appropriate. 
        Such action may include, but need not be limited to, the 
        following:
                    ``(A) Dismissing specified charges or 
                specifications.
                    ``(B) Finding against the United States on any issue 
                as to which the excluded classified information relates.
                    ``(C) Striking or precluding all or part of the 
                testimony of a witness.
            ``(3) Time for the united states to seek interlocutory 
        appeal.--An order under paragraph (2) shall not take effect 
        until the military judge has afforded the United States--
                    ``(A) an opportunity to appeal such order under 
                section 950d of this title; and
                    ``(B) an opportunity thereafter to withdraw its 
                objection to the disclosure of the classified 
                information at issue.

    ``(g) Reciprocity.--
            ``(1) Disclosure of rebuttal information.--Whenever the 
        military judge determines that classified information may be 
        disclosed in connection with a trial or pretrial proceeding, the 
        military judge shall, unless the interests of fairness do not so 
        require, order the United States to provide the accused with the 
        information it expects to use to rebut the classified 
        information. The military judge may place the United States 
        under a continuing duty to disclose such rebuttal information.
            ``(2) Sanction for failure to comply.--If the United States 
        fails to comply with its obligation under this subsection, the 
        military judge--
                    ``(A) may exclude any evidence not made the subject 
                of a required disclosure; and
                    ``(B) may prohibit the examination by the United 
                States of any witness with respect to such information.
``Sec. 949p-7. Introduction of classified information into 
                      evidence

    ``(a) Preservation of Classification Status.--Writings, recordings, 
and photographs containing classified information may be admitted into 
evidence in proceedings of military commissions under this chapter 
without change in their classification status.
    ``(b) Precautions by Military Judges.--
            ``(1) Precautions in admitting classified information into 
        evidence.--The military judge in a trial by military commission, 
        in order to prevent unnecessary disclosure of classified 
        information, may order admission into evidence of only part of a 
        writing, recording, or photograph, or may order admission into 
        evidence of the whole writing, recording, or photograph with 
        excision of some or all of the classified information contained 
        therein, unless the whole ought in fairness be considered.

[[Page 123 STAT. 2597]]

            ``(2) Classified information kept under seal.--The military 
        judge shall allow classified information offered or accepted 
        into evidence to remain under seal during the trial, even if 
        such evidence is disclosed in the military commission, and may, 
        upon motion by the United States, seal exhibits containing 
        classified information for any period after trial as necessary 
        to prevent a disclosure of classified information when a 
        knowledgeable United States official possessing authority to 
        classify information submits to the military judge a declaration 
        setting forth the damage to the national security that the 
        disclosure of such information reasonably could be expected to 
        cause.

    ``(c) Taking of Testimony.--
            ``(1) Objection by trial counsel.--During the examination of 
        a witness, trial counsel may object to any question or line of 
        inquiry that may require the witness to disclose classified 
        information not previously found to be admissible.
            ``(2) Action by military judge.--Following an objection 
        under paragraph (1), the military judge shall take such suitable 
        action to determine whether the response is admissible as will 
        safeguard against the compromise of any classified information. 
        Such action may include requiring trial counsel to provide the 
        military judge with a proffer of the witness' response to the 
        question or line of inquiry and requiring the accused to provide 
        the military judge with a proffer of the nature of the 
        information sought to be elicited by the accused. Upon request, 
        the military judge may accept an ex parte proffer by trial 
        counsel to the extent necessary to protect classified 
        information from disclosure, in accordance with the practice of 
        the Federal courts under the Classified Information Procedures 
        Act (18 U.S.C. App.).

    ``(d) Disclosure at Trial of Certain Statements Previously Made by a 
Witness.--
            ``(1) Motion for production of statements in possession of 
        the united states.--After a witness called by the trial counsel 
        has testified on direct examination, the military judge, on 
        motion of the accused, may order production of statements of the 
        witness in the possession of the United States which relate to 
        the subject matter as to which the witness has testified. This 
        paragraph does not preclude discovery or assertion of a 
        privilege otherwise authorized.
            ``(2) Invocation of privilege by the united states.--If the 
        United States invokes a privilege, the trial counsel may provide 
        the prior statements of the witness to the military judge during 
        an ex parte presentation to the extent necessary to protect 
        classified information from disclosure, in accordance with the 
        practice of the Federal courts under the Classified Information 
        Procedures Act (18 U.S.C. App.).
            ``(3) Action by military judge on motion.--If the military 
        judge finds that disclosure of any portion of the statement 
        identified by the United States as classified would be 
        detrimental to the national security in the degree to warrant 
        classification under the applicable Executive Order, statute, or 
        regulation, that such portion of the statement is consistent 
        with the testimony of the witness, and that the disclosure of 
        such portion is not necessary to afford the accused a fair 
        trial, the military judge shall excise that portion from the 
        statement.

[[Page 123 STAT. 2598]]

        If the military judge finds that such portion of the statement 
        is inconsistent with the testimony of the witness or that its 
        disclosure is necessary to afford the accused a fair trial, the 
        military judge, shall, upon the request of the trial counsel, 
        review alternatives to disclosure in accordance with section 
        949p-6(d) of this title.

                       ``SUBCHAPTER VI--SENTENCES

``Sec.
``949s. Cruel or unusual punishments prohibited.
``949t. Maximum limits.
``949u. Execution of confinement.

``Sec. 949s. Cruel or unusual punishments prohibited

    ``Punishment by flogging, or by branding, marking, or tattooing on 
the body, or any other cruel or unusual punishment, may not be adjudged 
by a military commission under this chapter or inflicted under this 
chapter upon any person subject to this chapter. The use of irons, 
single or double, except for the purpose of safe custody, is prohibited 
under this chapter.
``Sec. 949t. Maximum limits

    ``The punishment which a military commission under this chapter may 
direct for an offense may not exceed such limits as the President or 
Secretary of Defense may prescribe for that offense.
``Sec. 949u. Execution of confinement

    ``(a) In General.-- <<NOTE: Regulations.>> Under such regulations as 
the Secretary of Defense may prescribe, a sentence of confinement 
adjudged by a military commission under this chapter may be carried into 
execution by confinement--
            ``(1) in any place of confinement under the control of any 
        of the armed forces; or
            ``(2) in any penal or correctional institution under the 
        control of the United States or its allies, or which the United 
        States may be allowed to use.

    ``(b) Treatment During Confinement by Other Than the Armed Forces.--
Persons confined under subsection (a)(2) in a penal or correctional 
institution not under the control of an armed force are subject to the 
same discipline and treatment as persons confined or committed by the 
courts of the United States or of the State, District of Columbia, or 
place in which the institution is situated.

     ``SUBCHAPTER VII--POST-TRIAL PROCEDURE AND REVIEW OF MILITARY 
                               COMMISSIONS

``Sec.
``950a. Error of law; lesser included offense.
``950b. Review by the convening authority.
``950c. Appellate referral; waiver or withdrawal of appeal.
``950d. Interlocutory appeals by the United States.
``950e. Rehearings.
``950f. Review by United States Court of Military Commission Review.
``950g. Review by United States Court of Court of Appeals for the 
           District of Columbia Circuit; writ of certiorari to Supreme 
           Court.
``950h. Appellate counsel.
``950i. Execution of sentence; suspension of sentence.
``950j. Finality of proceedings, findings, and sentences.

[[Page 123 STAT. 2599]]

``Sec. 950a. Error of law; lesser included offense

    ``(a) Error of Law.--A finding or sentence of a military commission 
under this chapter may not be held incorrect on the ground of an error 
of law unless the error materially prejudices the substantial rights of 
the accused.
    ``(b) Lesser Included Offense.--Any reviewing authority with the 
power to approve or affirm a finding of guilty by a military commission 
under this chapter may approve or affirm, instead, so much of the 
finding as includes a lesser included offense.
``Sec. 950b. Review by the convening authority

    ``(a) Notice to Convening Authority of Findings and Sentence.-- 
<<NOTE: Reports.>> The findings and sentence of a military commission 
under this chapter shall be reported in writing promptly to the 
convening authority after the announcement of the sentence.

    ``(b) Submittal of Matters by Accused to Convening Authority.--(1) 
The accused may submit to the convening authority matters for 
consideration by the convening authority with respect to the findings 
and the sentence of the military commission under this chapter.
    ``(2)(A) <<NOTE: Deadline.>> Except as provided in subparagraph (B), 
a submittal under paragraph (1) shall be made in writing within 20 days 
after the accused has been give an authenticated record of trial under 
section 949o(c) of this title.

    ``(B) If the accused shows that additional time is required for the 
accused to make a submittal under paragraph (1), the convening authority 
may, for good cause, extend the applicable period under subparagraph (A) 
for not more than an additional 20 days.
    ``(3) The accused may waive the accused's right to make a submittal 
to the convening authority under paragraph (1). Such a waiver shall be 
made in writing, and may not be revoked. For the purposes of subsection 
(c)(2), the time within which the accused may make a submittal under 
this subsection shall be deemed to have expired upon the submittal of a 
waiver under this paragraph to the convening authority.
    ``(c) Action by Convening Authority.--(1) The authority under this 
subsection to modify the findings and sentence of a military commission 
under this chapter is a matter of the sole discretion and prerogative of 
the convening authority.
    ``(2) The convening authority is not required to take action on the 
findings of a military commission under this chapter. If the convening 
authority takes action on the findings, the convening authority may, in 
the sole discretion of the convening authority, only--
            ``(A) dismiss any charge or specification by setting aside a 
        finding of guilty thereto; or
            ``(B) change a finding of guilty to a charge to a finding of 
        guilty to an offense that is a lesser included offense of the 
        offense stated in the charge.

    ``(3)(A) The convening authority shall take action on the sentence 
of a military commission under this chapter.
    ``(B) <<NOTE: Regulations.>> Subject to regulations prescribed by 
the Secretary of Defense, action under this paragraph may be taken only 
after consideration of any matters submitted by the accused under 
subsection (b) or after the time for submitting such matters expires, 
whichever is earlier.

[[Page 123 STAT. 2600]]

    ``(C) In taking action under this paragraph, the convening authority 
may, in the sole discretion of the convening authority, approve, 
disapprove, commute, or suspend the sentence in whole or in part. The 
convening authority may not increase a sentence beyond that which is 
found by the military commission.
    ``(4) The convening authority shall serve on the accused or on 
defense counsel notice of any action taken by the convening authority 
under this subsection.
    ``(d) Order of Revision or Rehearing.--(1) Subject to paragraphs (2) 
and (3), the convening authority of a military commission under this 
chapter may, in the sole discretion of the convening authority, order a 
proceeding in revision or a rehearing.
    ``(2)(A) Except as provided in subparagraph (B), a proceeding in 
revision may be ordered by the convening authority if--
            ``(i) there is an apparent error or omission in the record; 
        or
            ``(ii) the record shows improper or inconsistent action by 
        the military commission with respect to the findings or sentence 
        that can be rectified without material prejudice to the 
        substantial rights of the accused.

    ``(B) In no case may a proceeding in revision--
            ``(i) reconsider a finding of not guilty of a specification 
        or a ruling which amounts to a finding of not guilty;
            ``(ii) reconsider a finding of not guilty of any charge, 
        unless there has been a finding of guilty under a specification 
        laid under that charge, which sufficiently alleges a violation; 
        or
            ``(iii) increase the severity of the sentence unless the 
        sentence prescribed for the offense is mandatory.

    ``(3) A rehearing may be ordered by the convening authority if the 
convening authority disapproves the findings and sentence and states the 
reasons for disapproval of the findings. If the convening authority 
disapproves the finding and sentence and does not order a rehearing, the 
convening authority shall dismiss the charges. A rehearing as to the 
findings may not be ordered by the convening authority when there is a 
lack of sufficient evidence in the record to support the findings. A 
rehearing as to the sentence may be ordered by the convening authority 
if the convening authority disapproves the sentence.
``Sec. 950c. Appellate referral; waiver or withdrawal of appeal

    ``(a) Automatic Referral for Appellate Review.--Except as provided 
in subsection (b), in each case in which the final decision of a 
military commission under this chapter (as approved by the convening 
authority) includes a finding of guilty, the convening authority shall 
refer the case to the United States Court of Military Commission 
Review. <<NOTE: Regulations.>> Any such referral shall be made in 
accordance with procedures prescribed under regulations of the 
Secretary.

    ``(b) Waiver of Right of Review.--(1) Except in a case in which the 
sentence as approved under section 950b of this title extends to death, 
an accused may file with the convening authority a statement expressly 
waiving the right of the accused to appellate review by the United 
States Court of Military Commission Review under section 950f of this 
title of the final decision of the military commission under this 
chapter.
    ``(2) A waiver under paragraph (1) shall be signed by both the 
accused and a defense counsel.

[[Page 123 STAT. 2601]]

    ``(3) <<NOTE: Deadline.>> A waiver under paragraph (1) must be 
filed, if at all, within 10 days after notice of the action is served on 
the accused or on defense counsel under section 950b(c)(4) of this 
title. The convening authority, for good cause, may extend the period 
for such filing by not more than 30 days.

    ``(c) Withdrawal of Appeal.--Except in a case in which the sentence 
as approved under section 950b of this title extends to death, the 
accused may withdraw an appeal at any time.
    ``(d) Effect of Waiver or Withdrawal.--A waiver of the right to 
appellate review or the withdrawal of an appeal under this section bars 
review under section 950f of this title.
``Sec. 950d. Interlocutory appeals by the United States

    ``(a) Interlocutory Appeal.--Except as provided in subsection (b), 
in a trial by military commission under this chapter, the United States 
may take an interlocutory appeal to the United States Court of Military 
Commission Review of any order or ruling of the military judge--
            ``(1) that terminates proceedings of the military commission 
        with respect to a charge or specification;
            ``(2) that excludes evidence that is substantial proof of a 
        fact material in the proceeding;
            ``(3) that relates to a matter under subsection (c) or (d) 
        of section 949d of this title; or
            ``(4) that, with respect to classified information--
                    ``(A) authorizes the disclosure of such information;
                    ``(B) imposes sanctions for nondisclosure of such 
                information; or
                    ``(C) refuses a protective order sought by the 
                United States to prevent the disclosure of such 
                information.

    ``(b) Limitation.--The United States may not appeal under subsection 
(a) an order or ruling that is, or amounts to, a finding of not guilty 
by the military commission with respect to a charge or specification.
    ``(c) Scope of Appeal Right With Respect to Classified 
Information.--The United States has the right to appeal under paragraph 
(4) of subsection (a) whenever the military judge enters an order or 
ruling that would require the disclosure of classified information, 
without regard to whether the order or ruling appealed from was entered 
under this chapter, another provision of law, a rule, or otherwise. Any 
such appeal may embrace any preceding order, ruling, or reasoning 
constituting the basis of the order or ruling that would authorize such 
disclosure.
    ``(d) Timing and Action on Interlocutory Appeals Relating to 
Classified Information.--
            ``(1) Appeal to be expedited.--An appeal taken pursuant to 
        paragraph (4) of subsection (a) shall be expedited by the United 
        States Court of Military Commission Review.
            ``(2) Appeals before trial.-- <<NOTE: Deadline.>> If such an 
        appeal is taken before trial, the appeal shall be taken within 
        10 days after the order or ruling from which the appeal is made 
        and the trial shall not commence until the appeal is decided.
            ``(3) Appeals during trial.--If such an appeal is taken 
        during trial, the military judge shall adjourn the trial until 
        the appeal is decided, and the court of appeals--

[[Page 123 STAT. 2602]]

                    ``(A) <<NOTE: Deadline.>> shall hear argument on 
                such appeal within 4 days of the adjournment of the 
                trial (excluding weekends and holidays);
                    ``(B) may dispense with written briefs other than 
                the supporting materials previously submitted to the 
                military judge;
                    ``(C) shall render its decision within four days of 
                argument on appeal (excluding weekends and holidays); 
                and
                    ``(D) may dispense with the issuance of a written 
                opinion in rendering its decision.

    ``(e) Notice and Timing of Other Appeals.-- <<NOTE: Deadline.>> The 
United States shall take an appeal of an order or ruling under 
subsection (a), other than an appeal under paragraph (4) of that 
subsection, by filing a notice of appeal with the military judge within 
5 days after the date of the order or ruling.

    ``(f) Method of Appeal.-- <<NOTE: Regulations.>> An appeal under 
this section shall be forwarded, by means specified in regulations 
prescribed by the Secretary of Defense, directly to the United States 
Court of Military Commission Review.

    ``(g) Appeals Court To Act Only With Respect to Matter of Law.--In 
ruling on an appeal under paragraph (1), (2), or (3) of subsection (a), 
the appeals court may act only with respect to matters of law.
    ``(h) Subsequent Appeal Rights of Accused Not Affected.--An appeal 
under paragraph (4) of subsection (a), and a decision on such appeal, 
shall not affect the right of the accused, in a subsequent appeal from a 
judgment of conviction, to claim as error reversal by the military judge 
on remand of a ruling appealed from during trial.
``Sec. 950e. Rehearings

    ``(a) Composition of Military Commission for Rehearing.--Each 
rehearing under this chapter shall take place before a military 
commission under this chapter composed of members who were not members 
of the military commission which first heard the case.
    ``(b) Scope of Rehearing.--(1) Upon a rehearing--
            ``(A) the accused may not be tried for any offense of which 
        the accused was found not guilty by the first military 
        commission; and
            ``(B) no sentence in excess of or more than the original 
        sentence may be imposed unless--
                    ``(i) the sentence is based upon a finding of guilty 
                of an offense not considered upon the merits in the 
                original proceedings; or
                    ``(ii) the sentence prescribed for the offense is 
                mandatory.

    ``(2) Upon a rehearing, if the sentence approved after the first 
military commission was in accordance with a pretrial agreement and the 
accused at the rehearing changes his plea with respect to the charges or 
specifications upon which the pretrial agreement was based, or otherwise 
does not comply with pretrial agreement, the sentence as to those 
charges or specifications may include any punishment not in excess of 
that lawfully adjudged at the first military commission.

[[Page 123 STAT. 2603]]

``Sec. 950f. Review by United States Court of Military Commission 
                  Review

    ``(a) Establishment.--There is a court of record to be known as the 
`United States Court of Military Commission Review' (in this section 
referred to as the `Court'). The Court shall consist of one or more 
panels, each composed of not less than three appellate military judges. 
For the purpose of reviewing decisions of military commissions under 
this chapter, the Court may sit in panels or as a whole, in accordance 
with rules prescribed by the Secretary of Defense.
    ``(b) Judges.--(1) Judges on the Court shall be assigned or 
appointed in a manner consistent with the provisions of this subsection.
    ``(2) The Secretary of Defense may assign persons who are appellate 
military judges to be judges on the Court. Any judge so assigned shall 
be a commissioned officer of the armed forces, and shall meet the 
qualifications for military judges prescribed by section 948j(b) of this 
title.
    ``(3) The President may appoint, by and with the advice and consent 
of the Senate, additional judges to the United States Court of Military 
Commission Review.
    ``(4) No person may serve as a judge on the Court in any case in 
which that person acted as a military judge, counsel, or reviewing 
official.
    ``(c) Cases To Be Reviewed.-- <<NOTE: Regulations.>> The Court 
shall, in accordance with procedures prescribed under regulations of the 
Secretary, review the record in each case that is referred to the Court 
by the convening authority under section 950c of this title with respect 
to any matter properly raised by the accused.

    ``(d) Standard and Scope of Review.--In a case reviewed by the Court 
under this section, the Court may act only with respect to the findings 
and sentence as approved by the convening authority. The Court may 
affirm only such findings of guilty, and the sentence or such part or 
amount of the sentence, as the Court finds correct in law and fact and 
determines, on the basis of the entire record, should be approved. In 
considering the record, the Court may weigh the evidence, judge the 
credibility of witnesses, and determine controverted questions of fact, 
recognizing that the military commission saw and heard the witnesses.
    ``(e) Rehearings.--If the Court sets aside the findings or sentence, 
the Court may, except where the setting aside is based on lack of 
sufficient evidence in the record to support the findings, order a 
rehearing. If the Court sets aside the findings or sentence and does not 
order a rehearing, the Court shall order that the charges be dismissed.
``Sec. 950g. Review by United States Court of Appeals for the 
                  District of Columbia Circuit; writ of certiorari 
                  to Supreme Court

    ``(a) Exclusive Appellate Jurisdiction.--Except as provided in 
subsection (b), the United States Court of Appeals for the District of 
Columbia Circuit shall have exclusive jurisdiction to determine the 
validity of a final judgment rendered by a military commission (as 
approved by the convening authority and, where applicable, the United 
States Court of Military Commission Review) under this chapter.

[[Page 123 STAT. 2604]]

    ``(b) Exhaustion of Other Appeals.--The United States Court of 
Appeals for the District of Columbia Circuit may not review a final 
judgment described in subsection (a) until all other appeals under this 
chapter have been waived or exhausted.
    ``(c) Time for Seeking Review.-- <<NOTE: Deadline. Notice.>> A 
petition for review by the United States Court of Appeals for the 
District of Columbia Circuit must be filed by the accused in the Court 
of Appeals not later than 20 days after the date on which--
            ``(1) written notice of the final decision of the United 
        States Court of Military Commission Review is served on the 
        accused or on defense counsel; or
            ``(2) the accused submits, in the form prescribed by section 
        950c of this title, a written notice waiving the right of the 
        accused to review by the United States Court of Military 
        Commission Review.

    ``(d) Scope and Nature of Review.--The United States Court of 
Appeals for the District of Columbia Circuit may act under this section 
only with respect to the findings and sentence as approved by the 
convening authority and as affirmed or set aside as incorrect in law by 
the United States Court of Military Commission Review, and shall take 
action only with respect to matters of law, including the sufficiency of 
the evidence to support the verdict.
    ``(e) Review by Supreme Court.--The Supreme Court may review by writ 
of certiorari pursuant to section 1254 of title 28 the final judgment of 
the United States Court of Appeals for the District of Columbia Circuit 
under this section.
``Sec. 950h. Appellate counsel

    ``(a) Appointment.-- <<NOTE: Regulations. Procedures.>> The 
Secretary of Defense shall, by regulation, establish procedures for the 
appointment of appellate counsel for the United States and for the 
accused in military commissions under this chapter. Appellate counsel 
shall meet the qualifications of counsel for appearing before military 
commissions under this chapter.

    ``(b) Representation of United States.--Appellate counsel appointed 
under subsection (a)--
            ``(1) shall represent the United States in any appeal or 
        review proceeding under this chapter before the United States 
        Court of Military Commission Review; and
            ``(2) may, when requested to do so by the Attorney General 
        in a case arising under this chapter, represent the United 
        States before the United States Court of Appeals for the 
        District of Columbia Circuit or the Supreme Court.

    ``(c) Representation of Accused.--The accused shall be represented 
by appellate counsel appointed under subsection (a) before the United 
States Court of Military Commission Review, the United States Court of 
Appeals for the District of Columbia Circuit, and the Supreme Court, and 
by civilian counsel if retained by the accused. Any such civilian 
counsel shall meet the qualifications under paragraph (3) of section 
949c(b) of this title for civilian counsel appearing before military 
commissions under this chapter and shall be subject to the requirements 
of paragraph (7) of that section.

[[Page 123 STAT. 2605]]

``Sec. 950i. Execution of sentence; suspension of sentence

    ``(a) In General.--The Secretary of Defense is authorized to carry 
out a sentence imposed by a military commission under this chapter in 
accordance with such procedures as the Secretary may prescribe.
    ``(b) Execution of Sentence of Death Only Upon Approval by the 
President.--If the sentence of a military commission under this chapter 
extends to death, that part of the sentence providing for death may not 
be executed until approved by the President. In such a case, the 
President may commute, remit, or suspend the sentence, or any part 
thereof, as he sees fit.
    ``(c) Execution of Sentence of Death Only Upon Final Judgment of 
Legality of Proceedings.--(1) If the sentence of a military commission 
under this chapter extends to death, the sentence may not be executed 
until there is a final judgment as to the legality of the proceedings 
(and with respect to death, approval under subsection (b)).
    ``(2) A judgment as to legality of proceedings is final for purposes 
of paragraph (1) when review is completed in accordance with the 
judgment of the United States Court of Military Commission Review and--
            ``(A) the time for the accused to file a petition for review 
        by the United States Court of Appeals for the District of 
        Columbia Circuit has expired, the accused has not filed a timely 
        petition for such review, and the case is not otherwise under 
        review by the Court of Appeals; or
            ``(B) review is completed in accordance with the judgment of 
        the United States Court of Appeals for the District of Columbia 
        Circuit and--
                    ``(i) a petition for a writ of certiorari is not 
                timely filed;
                    ``(ii) such a petition is denied by the Supreme 
                Court; or
                    ``(iii) review is otherwise completed in accordance 
                with the judgment of the Supreme Court.

    ``(d) Suspension of Sentence.--The Secretary of the Defense, or the 
convening authority acting on the case (if other than the Secretary), 
may suspend the execution of any sentence or part thereof in the case, 
except a sentence of death.
``Sec. 950j. Finality of proceedings, findings, and sentences

    ``The appellate review of records of trial provided by this chapter, 
and the proceedings, findings, and sentences of military commissions as 
approved, reviewed, or affirmed as required by this chapter, are final 
and conclusive. Orders publishing the proceedings of military 
commissions under this chapter are binding upon all departments, courts, 
agencies, and officers of the United States, subject only to action by 
the Secretary or the convening authority as provided in section 950i(c) 
of this title and the authority of the President.

                   ``SUBCHAPTER VIII--PUNITIVE MATTERS

``Sec.
``950p. Definitions; construction of certain offenses; common 
           circumstances.
``950q. Principals.
``950r. Accessory after the fact.

[[Page 123 STAT. 2606]]

``950s. Conviction of lesser offenses.
``950t. Crimes triable by military commission.

``Sec. 950p. Definitions; construction of certain offenses; common 
                  circumstances

    ``(a) Definitions.--In this subchapter:
            ``(1) The term `military objective' means combatants and 
        those objects during hostilities which, by their nature, 
        location, purpose, or use, effectively contribute to the war-
        fighting or war-sustaining capability of an opposing force and 
        whose total or partial destruction, capture, or neutralization 
        would constitute a definite military advantage to the attacker 
        under the circumstances at the time of an attack.
            ``(2) The term `protected person' means any person entitled 
        to protection under one or more of the Geneva Conventions, 
        including civilians not taking an active part in hostilities, 
        military personnel placed out of combat by sickness, wounds, or 
        detention, and military medical or religious personnel.
            ``(3) The term `protected property' means any property 
        specifically protected by the law of war, including buildings 
        dedicated to religion, education, art, science, or charitable 
        purposes, historic monuments, hospitals, and places where the 
        sick and wounded are collected, but only if and to the extent 
        such property is not being used for military purposes or is not 
        otherwise a military objective. The term includes objects 
        properly identified by one of the distinctive emblems of the 
        Geneva Conventions, but does not include civilian property that 
        is a military objective.

    ``(b) Construction of Certain Offenses.--The intent required for 
offenses under paragraphs (1), (2), (3), (4), and (12) of section 950t 
of this title precludes the applicability of such offenses with regard 
to collateral damage or to death, damage, or injury incident to a lawful 
attack.
    ``(c) Common Circumstances.--An offense specified in this subchapter 
is triable by military commission under this chapter only if the offense 
is committed in the context of and associated with hostilities.
    ``(d) Effect.--The provisions of this subchapter codify offenses 
that have traditionally been triable by military commission. This 
chapter does not establish new crimes that did not exist before the date 
of the enactment of this subchapter, as amended by the National Defense 
Authorization Act for Fiscal Year 2010, but rather codifies those crimes 
for trial by military commission. Because the provisions of this 
subchapter codify offenses that have traditionally been triable under 
the law of war or otherwise triable by military commission, this 
subchapter does not preclude trial for offenses that occurred before the 
date of the enactment of this subchapter, as so amended.
``Sec. 950q. Principals

    ``Any person punishable under this chapter who--
            ``(1) commits an offense punishable by this chapter, or 
        aids, abets, counsels, commands, or procures its commission;
            ``(2) causes an act to be done which if directly performed 
        by him would be punishable by this chapter; or
            ``(3) is a superior commander who, with regard to acts 
        punishable by this chapter, knew, had reason to know, or

[[Page 123 STAT. 2607]]

        should have known, that a subordinate was about to commit such 
        acts or had done so and who failed to take the necessary and 
        reasonable measures to prevent such acts or to punish the 
        perpetrators thereof,

is a principal.
``Sec. 950r. Accessory after the fact

    ``Any person subject to this chapter who, knowing that an offense 
punishable by this chapter has been committed, receives, comforts, or 
assists the offender in order to hinder or prevent his apprehension, 
trial, or punishment shall be punished as a military commission under 
this chapter may direct.
``Sec. 950s. Conviction of lesser offenses

    ``An accused may be found guilty of an offense necessarily included 
in the offense charged or of an attempt to commit either the offense 
charged or an attempt to commit either the offense charged or an offense 
necessarily included therein.
``Sec. 950t. Crimes triable by military commission

    ``The following offenses shall be triable by military commission 
under this chapter at any time without limitation:
            ``(1) Murder of protected persons.--Any person subject to 
        this chapter who intentionally kills one or more protected 
        persons shall be punished by death or such other punishment as a 
        military commission under this chapter may direct.
            ``(2) Attacking civilians.--Any person subject to this 
        chapter who intentionally engages in an attack upon a civilian 
        population as such, or individual civilians not taking active 
        part in hostilities, shall be punished, if death results to one 
        or more of the victims, by death or such other punishment as a 
        military commission under this chapter may direct, and, if death 
        does not result to any of the victims, by such punishment, other 
        than death, as a military commission under this chapter may 
        direct.
            ``(3) Attacking civilian objects.--Any person subject to 
        this chapter who intentionally engages in an attack upon a 
        civilian object that is not a military objective shall be 
        punished as a military commission under this chapter may direct.
            ``(4) Attacking protected property.--Any person subject to 
        this chapter who intentionally engages in an attack upon 
        protected property shall be punished as a military commission 
        under this chapter may direct.
            ``(5) Pillaging.--Any person subject to this chapter who 
        intentionally and in the absence of military necessity 
        appropriates or seizes property for private or personal use, 
        without the consent of a person with authority to permit such 
        appropriation or seizure, shall be punished as a military 
        commission under this chapter may direct.
            ``(6) Denying quarter.--Any person subject to this chapter 
        who, with effective command or control over subordinate groups, 
        declares, orders, or otherwise indicates to those groups that 
        there shall be no survivors or surrender accepted, with the 
        intent to threaten an adversary or to conduct hostilities such 
        that there would be no survivors or surrender accepted, shall be 
        punished as a military commission under this chapter may direct.

[[Page 123 STAT. 2608]]

            ``(7) Taking hostages.--Any person subject to this chapter 
        who, having knowingly seized or detained one or more persons, 
        threatens to kill, injure, or continue to detain such person or 
        persons with the intent of compelling any nation, person other 
        than the hostage, or group of persons to act or refrain from 
        acting as an explicit or implicit condition for the safety or 
        release of such person or persons, shall be punished, if death 
        results to one or more of the victims, by death or such other 
        punishment as a military commission under this chapter may 
        direct, and, if death does not result to any of the victims, by 
        such punishment, other than death, as a military commission 
        under this chapter may direct.
            ``(8) Employing poison or similar weapons.--Any person 
        subject to this chapter who intentionally, as a method of 
        warfare, employs a substance or weapon that releases a substance 
        that causes death or serious and lasting damage to health in the 
        ordinary course of events, through its asphyxiating, 
        bacteriological, or toxic properties, shall be punished, if 
        death results to one or more of the victims, by death or such 
        other punishment as a military commission under this chapter may 
        direct, and, if death does not result to any of the victims, by 
        such punishment, other than death, as a military commission 
        under this chapter may direct.
            ``(9) Using protected persons as a shield.--Any person 
        subject to this chapter who positions, or otherwise takes 
        advantage of, a protected person with the intent to shield a 
        military objective from attack. or to shield, favor, or impede 
        military operations, shall be punished, if death results to one 
        or more of the victims, by death or such other punishment as a 
        military commission under this chapter may direct, and, if death 
        does not result to any of the victims, by such punishment, other 
        than death, as a military commission under this chapter may 
        direct.
            ``(10) Using protected property as a shield.--Any person 
        subject to this chapter who positions, or otherwise takes 
        advantage of the location of, protected property with the intent 
        to shield a military objective from attack, or to shield, favor, 
        or impede military operations, shall be punished as a military 
        commission under this chapter may direct.
            ``(11) Torture.--
                    ``(A) Offense.--Any person subject to this chapter 
                who commits an act specifically intended to inflict 
                severe physical or mental pain or suffering (other than 
                pain or suffering incidental to lawful sanctions) upon 
                another person within his custody or physical control 
                for the purpose of obtaining information or a 
                confession, punishment, intimidation, coercion, or any 
                reason based on discrimination of any kind, shall be 
                punished, if death results to one or more of the 
                victims, by death or such other punishment as a military 
                commission under this chapter may direct, and, if death 
                does not result to any of the victims, by such 
                punishment, other than death, as a military commission 
                under this chapter may direct.
                    ``(B) Severe mental pain or suffering defined.--In 
                this paragraph, the term `severe mental pain or 
                suffering' has the meaning given that term in section 
                2340(2) of title 18.

[[Page 123 STAT. 2609]]

            ``(12) Cruel or inhuman treatment.--Any person subject to 
        this chapter who subjects another person in their custody or 
        under their physical control, regardless of nationality or 
        physical location, to cruel or inhuman treatment that 
        constitutes a grave breach of common Article 3 of the Geneva 
        Conventions shall be punished, if death results to the victim, 
        by death or such other punishment as a military commission under 
        this chapter may direct, and, if death does not result to the 
        victim, by such punishment, other than death, as a military 
        commission under this chapter may direct.
            ``(13) Intentionally causing serious bodily injury.--
                    ``(A) Offense.--Any person subject to this chapter 
                who intentionally causes serious bodily injury to one or 
                more persons, including privileged belligerents, in 
                violation of the law of war shall be punished, if death 
                results to one or more of the victims, by death or such 
                other punishment as a military commission under this 
                chapter may direct, and, if death does not result to any 
                of the victims, by such punishment, other than death, as 
                a military commission under this chapter may direct.
                    ``(B) Serious bodily injury defined.--In this 
                paragraph, the term `serious bodily injury' means bodily 
                injury which involves--
                          ``(i) a substantial risk of death;
                          ``(ii) extreme physical pain;
                          ``(iii) protracted and obvious disfigurement; 
                      or
                          ``(iv) protracted loss or impairment of the 
                      function of a bodily member, organ, or mental 
                      faculty.
            ``(14) Mutilating or maiming.--Any person subject to this 
        chapter who intentionally injures one or more protected persons 
        by disfiguring the person or persons by any mutilation of the 
        person or persons, or by permanently disabling any member, limb, 
        or organ of the body of the person or persons, without any 
        legitimate medical or dental purpose, shall be punished, if 
        death results to one or more of the victims, by death or such 
        other punishment as a military commission under this chapter may 
        direct, and, if death does not result to any of the victims, by 
        such punishment, other than death, as a military commission 
        under this chapter may direct.
            ``(15) Murder in violation of the law of war.--Any person 
        subject to this chapter who intentionally kills one or more 
        persons, including privileged belligerents, in violation of the 
        law of war shall be punished by death or such other punishment 
        as a military commission under this chapter may direct.
            ``(16) Destruction of property in violation of the law of 
        war.--Any person subject to this chapter who intentionally 
        destroys property belonging to another person in violation of 
        the law of war shall punished as a military commission under 
        this chapter may direct.
            ``(17) Using treachery or perfidy.--Any person subject to 
        this chapter who, after inviting the confidence or belief of one 
        or more persons that they were entitled to, or obliged to 
        accord, protection under the law of war, intentionally makes use 
        of that confidence or belief in killing, injuring, or capturing 
        such person or persons shall be punished, if death results

[[Page 123 STAT. 2610]]

        to one or more of the victims, by death or such other punishment 
        as a military commission under this chapter may direct, and, if 
        death does not result to any of the victims, by such punishment, 
        other than death, as a military commission under this chapter 
        may direct.
            ``(18) Improperly using a flag of truce.--Any person subject 
        to this chapter who uses a flag of truce to feign an intention 
        to negotiate, surrender, or otherwise suspend hostilities when 
        there is no such intention shall be punished as a military 
        commission under this chapter may direct.
            ``(19) Improperly using a distinctive emblem.--Any person 
        subject to this chapter who intentionally uses a distinctive 
        emblem recognized by the law of war for combatant purposes in a 
        manner prohibited by the law of war shall be punished as a 
        military commission under this chapter may direct.
            ``(20) Intentionally mistreating a dead body.--Any person 
        subject to this chapter who intentionally mistreats the body of 
        a dead person, without justification by legitimate military 
        necessary, shall be punished as a military commission under this 
        chapter may direct.
            ``(21) Rape.--Any person subject to this chapter who 
        forcibly or with coercion or threat of force wrongfully invades 
        the body of a person by penetrating, however slightly, the anal 
        or genital opening of the victim with any part of the body of 
        the accused, or with any foreign object, shall be punished as a 
        military commission under this chapter may direct.
            ``(22) Sexual assault or abuse.--Any person subject to this 
        chapter who forcibly or with coercion or threat of force engages 
        in sexual contact with one or more persons, or causes one or 
        more persons to engage in sexual contact, shall be punished as a 
        military commission under this chapter may direct
            ``(23) Hijacking or hazarding a vessel or aircraft.--Any 
        person subject to this chapter who intentionally seizes, 
        exercises unauthorized control over, or endangers the safe 
        navigation of a vessel or aircraft that is not a legitimate 
        military objective shall be punished, if death results to one or 
        more of the victims, by death or such other punishment as a 
        military commission under this chapter may direct, and, if death 
        does not result to any of the victims, by such punishment, other 
        than death, as a military commission under this chapter may 
        direct.
            ``(24) Terrorism.--Any person subject to this chapter who 
        intentionally kills or inflicts great bodily harm on one or more 
        protected persons, or intentionally engages in an act that 
        evinces a wanton disregard for human life, in a manner 
        calculated to influence or affect the conduct of government or 
        civilian population by intimidation or coercion, or to retaliate 
        against government conduct, shall be punished, if death results 
        to one or more of the victims, by death or such other punishment 
        as a military commission under this chapter may direct, and, if 
        death does not result to any of the victims, by such punishment, 
        other than death, as a military commission under this chapter 
        may direct.
            ``(25) Providing material support for terrorism.--
                    ``(A) Offense.--Any person subject to this chapter 
                who provides material support or resources, knowing or

[[Page 123 STAT. 2611]]

                intending that they are to be used in preparation for, 
                or in carrying out, an act of terrorism (as set forth in 
                paragraph (24) of this section), or who intentionally 
                provides material support or resources to an 
                international terrorist organization engaged in 
                hostilities against the United States, knowing that such 
                organization has engaged or engages in terrorism (as so 
                set forth), shall be punished as a military commission 
                under this chapter may direct.
                    ``(B) Material support or resources defined.--In 
                this paragraph, the term `material support or resources' 
                has the meaning given that term in section 2339A(b) of 
                title 18.
            ``(26) Wrongfully aiding the enemy.--Any person subject to 
        this chapter who, in breach of an allegiance or duty to the 
        United States, knowingly and intentionally aids an enemy of the 
        United States, or one of the co-belligerents of the enemy, shall 
        be punished as a military commission under this chapter may 
        direct.
            ``(27) Spying.--Any person subject to this chapter who, in 
        violation of the law of war and with intent or reason to believe 
        that it is to be used to the injury of the United States or to 
        the advantage of a foreign power, collects or attempts to 
        collect information by clandestine means or while acting under 
        false pretenses, for the purpose of conveying such information 
        to an enemy of the United States, or one of the co-belligerents 
        of the enemy, shall be punished by death or such other 
        punishment as a military commission under this chapter may 
        direct.
            ``(28) Attempts.--
                    ``(A) In general.--Any person subject to this 
                chapter who attempts to commit any offense punishable by 
                this chapter shall be punished as a military commission 
                under this chapter may direct.
                    ``(B) Scope of offense.--An act, done with specific 
                intent to commit an offense under this chapter, 
                amounting to more than mere preparation and tending, 
                even though failing, to effect its commission, is an 
                attempt to commit that offense.
                    ``(C) Effect of consummation.--Any person subject to 
                this chapter may be convicted of an attempt to commit an 
                offense although it appears on the trial that the 
                offense was consummated.
            ``(29) Conspiracy.--Any person subject to this chapter who 
        conspires to commit one or more substantive offenses triable by 
        military commission under this subchapter, and who knowingly 
        does any overt act to effect the object of the conspiracy, shall 
        be punished, if death results to one or more of the victims, by 
        death or such other punishment as a military commission under 
        this chapter may direct, and, if death does not result to any of 
        the victims, by such punishment, other than death, as a military 
        commission under this chapter may direct.
            ``(30) Solicitation.--Any person subject to this chapter who 
        solicits or advises another or others to commit one or more 
        substantive offenses triable by military commission under this 
        chapter shall, if the offense solicited or advised is attempted 
        or committed, be punished with the punishment provided for the 
        commission of the offense, but, if the offense solicited or

[[Page 123 STAT. 2612]]

        advised is not committed or attempted, shall be punished as a 
        military commission under this chapter may direct.
            ``(31) Contempt.--A military commission under this chapter 
        may punish for contempt any person who uses any menacing word, 
        sign, or gesture in its presence, or who disturbs its 
        proceedings by any riot or disorder.
            ``(32) Perjury and obstruction of justice.--A military 
        commission under this chapter may try offenses and impose such 
        punishment as the military commission may direct for perjury, 
        false testimony, or obstruction of justice related to the 
        military commission.''.
SEC. 1803. CONFORMING AMENDMENTS.

    (a) Uniform Code of Military Justice.--
            (1) Persons subject to ucmj.--Paragraph (13) of section 
        802(a) of title 10, United States Code (article 2(a) of the 
        Uniform Code of Military Justice), is amended to read as 
        follows:
            ``(13) Individuals belonging to one of the eight categories 
        enumerated in Article 4 of the Convention Relative to the 
        Treatment of Prisoners of War, done at Geneva August 12, 1949 (6 
        UST 3316), who violate the law of war.''.
            (2) Construction of military commissions with courts-
        martial.--Section 839 of such title (article 39 of the Uniform 
        Code of Military Justice) is amended by adding at the end the 
        following new subsection:

    ``(d) The findings, holdings, interpretations, and other precedents 
of military commissions under chapter 47A of this title--
            ``(1) may not be introduced or considered in any hearing, 
        trial, or other proceeding of a court-martial under this 
        chapter; and
            ``(2) may not form the basis of any holding, decision, or 
        other determination of a court-martial.''.

    (b) Appellate Review Under Detainee Treatment Act of 2005.--Section 
1005(e) of the Detainee Treatment Act of 2005 (title X of Public Law 
109-359; 10 U.S.C. 801 note) is amended by striking paragraph (3).
SEC. 1804. <<NOTE: 10 USC 948a note.>> PROCEEDINGS UNDER PRIOR 
                          STATUTE.

    (a) Prior Convictions.--The amendment made by section 1802 shall 
have no effect on the validity of any conviction pursuant to chapter 47A 
of title 10, United States Code (as such chapter was in effect on the 
day before the date of the enactment of this Act).
    (b) Composition of Military Commissions.--Notwithstanding the 
amendment made by section 1802--
            (1) any commission convened pursuant to chapter 47A of title 
        10, United States Code (as such chapter was in effect on the day 
        before the date of the enactment of this Act), shall be deemed 
        to have been convened pursuant to chapter 47A of title 10, 
        United States Code (as amended by section 1802);
            (2) any member of the Armed Forces detailed to serve on a 
        commission pursuant to chapter 47A of title 10, United States 
        Code (as in effect on the day before the date of the enactment 
        of this Act), shall be deemed to have been detailed pursuant to 
        chapter 47A of title 10, United States Code (as so amended);

[[Page 123 STAT. 2613]]

            (3) any military judge detailed to a commission pursuant to 
        chapter 47A of title 10, United States Code (as in effect on the 
        day before the date of the enactment of this Act), shall be 
        deemed to have been detailed pursuant to chapter 47A of title 
        10, United States Code (as so amended);
            (4) any trial counsel or defense counsel detailed for a 
        commission pursuant to chapter 47A of title 10, United States 
        Code (as in effect on the day before the date of the enactment 
        of this Act), shall be deemed to have been detailed pursuant to 
        chapter 47A of title 10, United States Code (as so amended);
            (5) any court reporters detailed to or employed by a 
        commission pursuant to chapter 47A of title 10, United States 
        Code (as in effect on the day before the date of the enactment 
        of this Act), shall be deemed to have been detailed or employed 
        pursuant to chapter 47A of title 10, United States Code (as so 
        amended); and
            (6) any appellate military judge or other duly appointed 
        appellate judge on the Court of Military Commission Review 
        pursuant to chapter 47A of title 10, United States Code (as in 
        effect on the day before the date of the enactment of this Act), 
        shall be deemed to have been detailed or appointed to the United 
        States Court of Military Commission Review pursuant to chapter 
        47A of title 10, United States Code (as so amended).

    (c) Charges and Specifications.--Notwithstanding the amendment made 
by section 1802--
            (1) any charges or specifications sworn or referred pursuant 
        to chapter 47A of title 10, United States Code (as such chapter 
        was in effect on the day before the date of the enactment of 
        this Act), shall be deemed to have been sworn or referred 
        pursuant to chapter 47A of title 10, United States Code (as 
        amended by section 1802); and
            (2) any charges or specifications described in paragraph (1) 
        may be amended, without prejudice, as needed to properly allege 
        jurisdiction under chapter 47A of title 10, United States Code 
        (as so amended), and crimes triable under such chapter.

    (d) Procedures and Requirements.--
            (1) In general.--Except as provided in subsections (a) 
        through (c) and subject to paragraph (2), any commission 
        convened pursuant to chapter 47A of title 10, United States Code 
        (as such chapter was in effect on the day before the date of the 
        enactment of this Act), shall be conducted after the date of the 
        enactment of this Act in accordance with the procedures and 
        requirements of chapter 47A of title 10, United States Code (as 
        amended by section 1802).
            (2) Temporary continuation of prior procedures and 
        requirements.--Any military commission described in paragraph 
        (1) may be conducted in accordance with any procedures and 
        requirements of chapter 47A of title 10, United States Code (as 
        in effect on the day before the date of the enactment of this 
        Act), that are not inconsistent with the provisions of chapter 
        47A of title 10, United States Code, (as so amended), until the 
        earlier of--
                    (A) the date of the submittal to Congress under 
                section 1805 of the revised rules for military 
                commissions under chapter 47A of title 10, United States 
                Code (as so amended); or

[[Page 123 STAT. 2614]]

                    (B) the date that is 90 days after the date of the 
                enactment of this Act.
SEC. 1805. <<NOTE: 10 USC 948a note.>> SUBMITTAL TO CONGRESS OF 
                          REVISED RULES FOR MILITARY COMMISSIONS.

    (a) Deadline for Submittal.--Not later than 90 days after the date 
of the enactment of this Act, the Secretary of Defense shall submit to 
the Committees on Armed Services of the Senate and the House of 
Representatives the revised rules for military commissions prescribed by 
the Secretary for purposes of chapter 47A of title 10, United States 
Code (as amended by section 1802).
    (b) Treatment of Revised Rules Under Requirement for Notice and Wait 
Regarding Modification of Rules.--The revised rules submitted to 
Congress under subsection (a) shall not be treated as a modification of 
the rules in effect for military commissions for purposes of section 
949a(d) of title 10, United States Code (as so amended).
SEC. 1806. <<NOTE: 10 USC 948a note.>> ANNUAL REPORTS TO CONGRESS 
                          ON TRIALS BY MILITARY COMMISSION.

    (a) Annual Reports Required.--Not later than January 31 of each 
year, the Secretary of Defense shall submit to the Committees on Armed 
Services of the Senate and the House of Representatives a report on any 
trials conducted by military commissions under chapter 47A of title 10, 
United States Code (as amended by section 1802), during the preceding 
year.
    (b) Form.--Each report under this section shall be submitted in 
unclassified form, but may include a classified annex.
SEC. 1807. SENSE OF CONGRESS ON MILITARY COMMISSION SYSTEM.

    It is the sense of Congress that--
            (1) the fairness and effectiveness of the military 
        commissions system under chapter 47A of title 10, United States 
        Code (as amended by section 1802), will depend to a significant 
        degree on the adequacy of defense counsel and associated 
        resources for individuals accused, particularly in the case of 
        capital cases, under such chapter 47A; and
            (2) defense counsel in military commission cases, 
        particularly in capital cases, under such chapter 47A of title 
        10, United States Code (as so amended), should be fully 
        resourced as provided in such chapter 47A.

                  TITLE XIX--FEDERAL EMPLOYEE BENEFITS

                     Subtitle A--General Provisions

Sec. 1901. Credit for unused sick leave.
Sec. 1902. Limited expansion of the class of individuals eligible to 
           receive an actuarially reduced annuity under the Civil 
           Service Retirement System.
Sec. 1903. Computation of certain annuities based on part-time service.
Sec. 1904. Authority to deposit refunds under FERS.
Sec. 1905. Retirement credit for service of certain employees 
           transferred from District of Columbia service to Federal 
           service.

        Subtitle B--Non-Foreign Area Retirement Equity Assurance

Sec. 1911. Short title.
Sec. 1912. Extension of locality pay.
Sec. 1913. Adjustment of special rates.
Sec. 1914. Transition schedule for locality-based comparability 
           payments.

[[Page 123 STAT. 2615]]

Sec. 1915. Savings provision.
Sec. 1916. Application to other eligible employees.
Sec. 1917. Election of additional basic pay for annuity computation by 
           employees.
Sec. 1918. Regulations.
Sec. 1919. Effective dates.

                     Subtitle A--General Provisions

SEC. 1901. CREDIT FOR UNUSED SICK LEAVE.

    (a) In General.--Section 8415 of title 5, United States Code, is 
amended--
            (1) by redesignating the second subsection (k) and 
        subsection (l) as subsections (l) and (m), respectively; and
            (2) in subsection (l) (as so redesignated by paragraph 
        (1))--
                    (A) by striking ``(l) In computing'' and inserting 
                ``(l)(1) In computing''; and
                    (B) by adding at the end the following:

    ``(2)(A) Except as provided in paragraph (1), in computing an 
annuity under this subchapter, the total service of an employee who 
retires on an immediate annuity or who dies leaving a survivor or 
survivors entitled to annuity includes the applicable percentage of the 
days of unused sick leave to his credit under a formal leave system and 
for which days the employee has not received payment, except that these 
days will not be counted in determining average pay or annuity 
eligibility under this subchapter. For purposes of this subsection, in 
the case of any such employee who is excepted from subchapter I of 
chapter 63 under section 6301(2)(x) through (xiii), the days of unused 
sick leave to his credit include any unused sick leave standing to his 
credit when he was excepted from such subchapter.
    ``(B) For purposes of subparagraph (A), the term `applicable 
percentage' means--
            ``(i) 50 percent in the case of an annuity, entitlement to 
        which is based on a death or other separation occurring during 
        the period beginning on the date of enactment of this paragraph 
        and ending on December 31, 2013; and
            ``(ii) 100 percent in the case of an annuity, entitlement to 
        which is based on a death or other separation occurring after 
        December 31, 2013.''.

    (b) Exception From Deposit Requirement.--Section 8422(d)(2) of title 
5, United States Code, is amended by striking ``section 8415(k)'' and 
inserting ``paragraph (1) or (2) of section 8415(l)''.
    (c) <<NOTE: 5 USC 8415 note.>> Effective Date.--The amendments made 
by this section shall apply with respect to any annuity, entitlement to 
which is based on a death or other separation from service occurring on 
or after the date of enactment of this Act.
SEC. 1902. LIMITED EXPANSION OF THE CLASS OF INDIVIDUALS ELIGIBLE 
                          TO RECEIVE AN ACTUARIALLY REDUCED 
                          ANNUITY UNDER THE CIVIL SERVICE 
                          RETIREMENT SYSTEM.

    (a) In General.--Section 8334(d)(2)(A)(i) of title 5, United States 
Code, is amended by striking ``October 1, 1990'' each place it appears 
and inserting ``March 1, 1991''.
    (b) <<NOTE: 5 USC 8334 note.>> Applicability.--The amendment made by 
subsection (a) shall be effective with respect to any annuity, 
entitlement to which

[[Page 123 STAT. 2616]]

is based on a separation from service occurring on or after the date of 
enactment of this Act.
SEC. 1903. COMPUTATION OF CERTAIN ANNUITIES BASED ON PART-TIME 
                          SERVICE.

    (a) In General.--Section 8339(p) of title 5, United States Code, is 
amended by adding at the end the following:
    ``(3) <<NOTE: Applicability.>> In the administration of paragraph 
(1)--
            ``(A) subparagraph (A) of such paragraph shall apply with 
        respect to service performed before, on, or after April 7, 1986; 
        and
            ``(B) subparagraph (B) of such paragraph--
                    ``(i) shall apply with respect to that portion of 
                any annuity which is attributable to service performed 
                on or after April 7, 1986; and
                    ``(ii) shall not apply with respect to that portion 
                of any annuity which is attributable to service 
                performed before April 7, 1986.''.

    (b) <<NOTE: 5 USC 8339 note.>> Applicability.--The amendment made by 
subsection (a) shall be effective with respect to any annuity, 
entitlement to which is based on a separation from service occurring on 
or after the date of enactment of this Act.
SEC. 1904. AUTHORITY TO DEPOSIT REFUNDS UNDER FERS.

    (a) Deposit Authority.--Section 8422 of title 5, United States Code, 
is amended by adding at the end the following:
    ``(i)(1) Each employee or Member who has received a refund of 
retirement deductions under this or any other retirement system 
established for employees of the Government covering service for which 
such employee or Member may be allowed credit under this chapter may 
deposit the amount received, with interest. Credit may not be allowed 
for the service covered by the refund until the deposit is made.
    ``(2) Interest under this subsection shall be computed in accordance 
with paragraphs (2) and (3) of section 8334(e) and regulations 
prescribed by the Office. The option under the third sentence of section 
8334(e)(2) to make a deposit in one or more installments shall apply to 
deposits under this subsection.
    ``(3) For the purpose of survivor annuities, deposits authorized by 
this subsection may also be made by a survivor of an employee or 
Member.''.
    (b) Technical and Conforming Amendments.--
            (1) Definitional amendment.--Section 8401(19)(C) of title 5, 
        United States Code, is amended by striking ``8411(f);'' and 
        inserting ``8411(f) or 8422(i);''.
            (2) Crediting of deposits.--Section 8422(c) of title 5, 
        United States Code, is amended by adding at the end the 
        following: ``Deposits made by an employee, Member, or survivor 
        also shall be credited to the Fund.''.
            (3) Section heading.--(A) The heading for section 8422 of 
        title 5, United States Code, is amended to read as follows:

[[Page 123 STAT. 2617]]

``Sec. 8422. Deductions from pay; contributions for other service; 
                  deposits''.
            (B) The analysis for chapter 84 of title 5, United States 
        Code, is amended by striking the item relating to section 8422 
        and inserting the following:

``8422. Deductions from pay; contributions for other service; 
           deposits.''.

            (4) Restoration of annuity rights.--The last sentence of 
        section 8424(a) of title 5, United States Code, is amended by 
        striking ``based.'' and inserting ``based, until the employee or 
        Member is reemployed in the service subject to this chapter.''.
SEC. 1905. <<NOTE: 5 USC 8332 note.>> RETIREMENT CREDIT FOR 
                          SERVICE OF CERTAIN EMPLOYEES TRANSFERRED 
                          FROM DISTRICT OF COLUMBIA SERVICE TO 
                          FEDERAL SERVICE.

    (a) Retirement Credit.--
            (1) In general.--Any individual who is treated as an 
        employee of the Federal Government for purposes of chapter 83 or 
        chapter 84 of title 5, United States Code, on or after the date 
        of enactment of this Act who performed qualifying District of 
        Columbia service shall be entitled to have such service included 
        in calculating the individual's creditable service under section 
        8332 or 8411 of title 5, United States Code, but only for 
        purposes of the following provisions of such title:
                    (A) Sections 8333 and 8410 (relating to eligibility 
                for annuity).
                    (B) Sections 8336 (other than subsections (d), (h), 
                and (p) thereof) and 8412 (relating to immediate 
                retirement).
                    (C) Sections 8338 and 8413 (relating to deferred 
                retirement).
                    (D) Sections 8336(d), 8336(h), 8336(p), and 8414 
                (relating to early retirement).
                    (E) Section 8341 and subchapter IV of chapter 84 
                (relating to survivor annuities).
                    (F) Section 8337 and subchapter V of chapter 84 
                (relating to disability benefits).
            (2) Treatment of detention officer service as law 
        enforcement officer service.--Any portion of an individual's 
        qualifying District of Columbia service which consisted of 
        service as a detention officer under section 2604(2) of the 
        District of Columbia Government Comprehensive Merit Personnel 
        Act of 1978 (sec. 1-626.04(2), D.C. Official Code) shall be 
        treated as service as a law enforcement officer under sections 
        8331(20) or 8401(17) of title 5, United States Code, for 
        purposes of applying paragraph (1) with respect to the 
        individual.
            (3) Service not included in computing amount of any 
        annuity.--Qualifying District of Columbia service shall not be 
        taken into account for purposes of computing the amount of any 
        benefit payable out of the Civil Service Retirement and 
        Disability Fund.

    (b) Qualifying District of Columbia Service Defined.--In this 
section, ``qualifying District of Columbia service'' means any of the 
following:
            (1) Service performed by an individual as a nonjudicial 
        employee of the District of Columbia courts--

[[Page 123 STAT. 2618]]

                    (A) which was performed prior to the effective date 
                of the amendments made by section 11246(b) of the 
                Balanced Budget Act of 1997; and
                    (B) for which the individual did not ever receive 
                credit under the provisions of subchapter III of chapter 
                83 or chapter 84 of title 5, United States Code (other 
                than by virtue of section 8331(1)(iv) of such title).
            (2) Service performed by an individual as an employee of an 
        entity of the District of Columbia government whose functions 
        were transferred to the Pretrial Services, Parole, Adult 
        Supervision, and Offender Supervision Trustee under section 
        11232 of the Balanced Budget Act of 1997--
                    (A) which was performed prior to the effective date 
                of the individual's coverage as an employee of the 
                Federal Government under section 11232(f) of such Act; 
                and
                    (B) for which the individual did not ever receive 
                credit under the provisions of subchapter III of chapter 
                83 or chapter 84 of title 5, United States Code (other 
                than by virtue of section 8331(1)(iv) of such title).
            (3) Service performed by an individual as an employee of the 
        District of Columbia Public Defender Service--
                    (A) which was performed prior to the effective date 
                of the amendments made by section 7(e) of the District 
                of Columbia Courts and Justice Technical Corrections Act 
                of 1998; and
                    (B) for which the individual did not ever receive 
                credit under the provisions of subchapter III of chapter 
                83 or chapter 84 of title 5, United States Code (other 
                than by virtue of section 8331(1)(iv) of such title).
            (4) In the case of an individual who was an employee of the 
        District of Columbia Department of Corrections who was separated 
        from service as a result of the closing of the Lorton 
        Correctional Complex and who was appointed to a position with 
        the Bureau of Prisons, the District of Columbia courts, the 
        Pretrial Services, Parole, Adult Supervision, and Offender 
        Supervision Trustee, the United States Parole Commission, or the 
        District of Columbia Public Defender Service, service performed 
        by the individual as an employee of the District of Columbia 
        Department of Corrections--
                    (A) which was performed prior to the effective date 
                of the individual's coverage as an employee of the 
                Federal Government; and
                    (B) for which the individual did not ever receive 
                credit under the provisions of subchapter III of chapter 
                83 or chapter 84 of title 5, United States Code (other 
                than by virtue of section 8331(1)(iv) of such title).

    (c) Certification of Service.--The Office of Personnel Management 
shall accept the certification of the appropriate personnel official of 
the government of the District of Columbia or other independent 
employing entity concerning whether an individual performed qualifying 
District of Columbia service and the length of the period of such 
service the individual performed.

[[Page 123 STAT. 2619]]

Subtitle B-- <<NOTE: Non-Foreign Area Retirement Equity Assurance Act of 
2009. 5 USC 5304 note.>> Non-Foreign Area Retirement Equity Assurance
SEC. 1911. SHORT TITLE.

     This subtitle may be cited as the ``Non-Foreign Area Retirement 
Equity Assurance Act of 2009'' or the ``Non-Foreign AREA Act of 2009''.
SEC. 1912. EXTENSION OF LOCALITY PAY.

    (a) Locality-based Comparability Payments.--Section 5304 of title 5, 
United States Code, is amended--
            (1) in subsection (f)(1), by striking subparagraph (A) and 
        inserting the following:
            ``(A) each General Schedule position in the United States, 
        as defined under section 5921(4), and its territories and 
        possessions, including the Commonwealth of Puerto Rico and the 
        Commonwealth of the Northern Mariana Islands, shall be included 
        within a pay locality; and'';
            (2) in subsection (g)--
                    (A) in paragraph (2)--
                          (i) by striking ``and'' at the end of 
                      subparagraph (A); and
                          (ii) by striking subparagraph (B) and 
                      inserting the following:
            ``(B) positions under subsection (h)(1)(C) not covered by 
        appraisal systems certified under subsection 5307(d); and
            ``(C) any positions under subsection (h)(1)(D) as the 
        President may determine.''; and
                    (B) by adding at the end the following:

    ``(3) The applicable maximum under this subsection shall be level II 
of the Executive Schedule for positions under subsection (h)(1)(C) 
covered by appraisal systems certified under section 5307(d).'';
            (3) in subsection (h)(1)--
                    (A) in subparagraph (B), by striking ``and'' after 
                the semicolon;
                    (B) by redesignating subparagraph (C) as 
                subparagraph (D);
                    (C) by inserting after subparagraph (B) the 
                following:
            ``(C) a Senior Executive Service position under section 3132 
        or 3151 or a senior level position under section 5376 stationed 
        within the United States, but outside the 48 contiguous States 
        and the District of Columbia in which the incumbent was an 
        individual who on the day before the effective date of section 
        1912 of the Non-Foreign Area Retirement Equity Assurance Act of 
        2009 was eligible to receive a cost-of-living allowance under 
        section 5941 and who thereafter has served continuously in an 
        area in which such an allowance was payable; and'';
                    (D) in clause (iv) (in the matter following 
                subparagraph (D)), by inserting ``, except for a 
                position covered by subparagraph (C)'' before the 
                semicolon;
                    (E) in clause (v) (in the matter following 
                subparagraph (D)), by inserting ``, except for a 
                position covered by subparagraph (C)'' before the 
                semicolon; and

[[Page 123 STAT. 2620]]

                    (F) in clause (vii) (in the matter following 
                subparagraph (D)), by inserting ``, except for a 
                position covered by subparagraph (C)'' before the 
                period; and
            (4) in subsection (h)(2)--
                    (A) in subparagraph (B)(i), by striking ``and (B)'' 
                and inserting ``through (C)''; and
                    (B) in subparagraph (B)(ii), by striking ``(1)(C)'' 
                and inserting ``(1)(D)''.

    (b) Allowances Based on Living Costs and Conditions of 
Environment.--Section 5941 of title 5, United States Code, is amended--
            (1) in subsection (a), by adding at the end the following: 
        ``Notwithstanding any preceding provision of this subsection, 
        the cost-of-living allowance rate based on paragraph (1) shall 
        be the cost-of-living allowance rate in effect on the date of 
        enactment of the Non-Foreign Area Retirement Equity Assurance 
        Act of 2009, except as adjusted under subsection (c).'';
            (2) by redesignating subsection (b) as subsection (d); and
            (3) by inserting after subsection (a) the following:

    ``(b) <<NOTE: Applicability.>> This section shall apply only to 
areas that are designated as cost-of-living allowance areas as in effect 
on December 31, 2009.

    ``(c)(1) <<NOTE: Time period.>> The cost-of-living allowance rate 
payable under this section shall be adjusted on the first day of the 
first applicable pay period beginning on or after--
            ``(A) January 1, 2010; and
            ``(B) January 1 of each calendar year in which a locality-
        based comparability adjustment takes effect under paragraphs (2) 
        and (3), respectively, of section 1914 of the Non-Foreign Area 
        Retirement Equity Assurance Act of 2009.

    ``(2)(A) <<NOTE: Definition.>> In this paragraph, the term 
`applicable locality-based comparability pay percentage' means, with 
respect to calendar year 2010 and each calendar year thereafter, the 
applicable percentage under paragraph (1), (2), or (3) of section 1914 
of Non-Foreign Area Retirement Equity Assurance Act of 2009.

    ``(B) Each adjusted cost-of-living allowance rate under paragraph 
(1) shall be computed by--
            ``(i) subtracting 65 percent of the applicable locality-
        based comparability pay percentage from the cost-of-living 
        allowance percentage rate in effect on December 31, 2009; and
            ``(ii) dividing the resulting percentage determined under 
        clause (i) by the sum of--
                    ``(I) one; and
                    ``(II) the applicable locality-based comparability 
                payment percentage expressed as a numeral.

    ``(3) No allowance rate computed under paragraph (2) may be less 
than zero.
    ``(4) Each allowance rate computed under paragraph (2) shall be paid 
as a percentage of basic pay (including any applicable locality-based 
comparability payment under section 5304 or similar provision of law and 
any applicable special rate of pay under section 5305 or similar 
provision of law).''.
SEC. 1913. ADJUSTMENT OF SPECIAL RATES.

    (a) In General.--Each special rate of pay established under section 
5305 of title 5, United States Code, and payable in an area designated 
as a cost-of-living allowance area under section 5941(a) of that title, 
shall be adjusted, on the dates prescribed

[[Page 123 STAT. 2621]]

by section 1914, in accordance with regulations prescribed by the 
Director of the Office of Personnel Management under section 1918.
    (b) Agencies With Statutory Authority.--
            (1) In general.-- <<NOTE: Regulations.>> Each special rate 
        of pay established under an authority described under paragraph 
        (2) and payable in a location designated as a cost-of-living 
        allowance area under section 5941(a)(1) of title 5, United 
        States Code, shall be adjusted in accordance with regulations 
        prescribed by the applicable head of the agency that are 
        consistent with the regulations issued by the Director of the 
        Office of Personnel Management under subsection (a).
            (2) Statutory authority.--The authority referred to under 
        paragraph (1), is any statutory authority that--
                    (A) is similar to the authority exercised under 
                section 5305 of title 5, United States Code;
                    (B) is exercised by the head of an agency when the 
                head of the agency determines it to be necessary in 
                order to obtain or retain the services of persons 
                specified by statute; and
                    (C) authorizes the head of the agency to increase 
                the minimum, intermediate, or maximum rates of basic pay 
                authorized under applicable statutes and regulations.

    (c) Temporary Adjustment.--Regulations issued under subsection (a) 
or (b) may provide that statutory limitations on the amount of such 
special rates may be temporarily raised to a higher level during the 
transition period described in section 1914 ending on the first day of 
the first pay period beginning on or after January 1, 2012, at which 
time any special rate of pay in excess of the applicable limitation 
shall be converted to a retained rate under section 5363 of title 5, 
United States Code.
SEC. 1914. <<NOTE: President.>> TRANSITION SCHEDULE FOR LOCALITY-
                          BASED COMPARABILITY PAYMENTS.

     Notwithstanding any other provision of this subtitle or section 
5304 or 5304a of title 5, United States Code, in implementing the 
amendments made by this subtitle, for each non-foreign area determined 
under section 5941(b) of such title, the applicable rate for the 
locality-based comparability adjustment that is used in the computation 
required under section 5941(c) of such title shall be adjusted, 
effective on the first day of the first pay period beginning on or after 
January 1--
            (1) in calendar year 2010, by using 1/3 of the locality pay 
        percentage for the rest of United States locality pay area;
            (2) in calendar year 2011, by using 2/3 of the otherwise 
        applicable comparability payment approved by the President for 
        each non-foreign area; and
            (3) in calendar year 2012 and each subsequent year, by using 
        the full amount of the applicable comparability payment approved 
        by the President for each non-foreign area.
SEC. 1915. SAVINGS PROVISION.

    (a) Sense of Congress.--It is the sense of Congress that--
            (1) the application of this subtitle to any employee should 
        not result in a decrease in the take home pay of that employee;
            (2) in calendar year 2012 and each subsequent year, no 
        employee shall receive less than the Rest of the U.S. locality 
        pay rate;

[[Page 123 STAT. 2622]]

            (3) concurrent with the surveys next conducted under the 
        provisions of section 5304(d)(1)(A) of title 5, United States 
        Code, beginning after the date of the enactment of this Act, the 
        Bureau of Labor Statistics should conduct separate surveys to 
        determine the extent of any pay disparity (as defined by section 
        5302 of that title) that may exist with respect to positions 
        located in the State of Alaska, the State of Hawaii, and the 
        United States territories, including American Samoa, Guam, 
        Commonwealth of the Northern Mariana Islands, Commonwealth of 
        Puerto Rico, and the United States Virgin Islands;
            (4) if the surveys under paragraph (3) indicate that the pay 
        disparity determined for the State of Alaska, the State of 
        Hawaii, or any 1 of the United States territories including 
        American Samoa, Guam, Commonwealth of the Northern Mariana 
        Islands, Commonwealth of Puerto Rico, and the United States 
        Virgin Islands exceeds the pay disparity determined for the 
        locality which (for purposes of section 5304 of that title) is 
        commonly known as the ``Rest of the United States'', the 
        President's Pay Agent should take appropriate measures to 
        provide that each such surveyed area be treated as a separate 
        pay locality for purposes of that section; and
            (5) the President's Pay Agent will establish 1 locality area 
        for the entire State of Hawaii and 1 locality area for the 
        entire State of Alaska.

    (b) Savings Provisions.--
            (1) In general.-- <<NOTE: Time period.>> During the 
        transition period described in section 1914 ending on the first 
        day of the first pay period beginning on or after January 1, 
        2012, an employee paid a special rate under 5305 of title 5, 
        United States Code, who the day before the date of enactment of 
        this Act was eligible to receive a cost-of-living allowance 
        under section 5941 of title 5, United States Code, and who 
        continues to be officially stationed in an allowance area, shall 
        receive an increase in the employee's special rate consistent 
        with increases in the applicable special rate schedule. For 
        employees in allowance areas, the minimum step rate for any 
        grade of a special rate schedule shall be increased at the time 
        of an increase in the applicable locality rate percentage for 
        the allowance area by not less than the dollar increase in the 
        locality-based comparability payment for a non-special rate 
        employee at the same minimum step provided under section 1914 of 
        this subtitle, and corresponding increases shall be provided for 
        all step rates of the given pay range.
            (2) Continuation of cost of living allowance rate.--If an 
        employee, who the day before the date of enactment of this Act 
        was eligible to receive a cost-of-living allowance under section 
        5941 of title 5, United States Code, would receive a rate of 
        basic pay and applicable locality-based comparability payment 
        which is in excess of the maximum rate limitation set under 
        section 5304(g) of title 5, United States Code, for his position 
        (but for that maximum rate limitation) due to the operation of 
        this subtitle, the employee shall continue to receive the cost-
        of-living allowance rate in effect on December 31, 2009 without 
        adjustment until--
                    (A) the employee leaves the allowance area or pay 
                system; or

[[Page 123 STAT. 2623]]

                    (B) the employee is entitled to receive basic pay 
                (including any applicable locality-based comparability 
                payment or similar supplement) at a higher rate,
        but, when any such position becomes vacant, the pay of any 
        subsequent appointee thereto shall be fixed in the manner 
        provided by applicable law and regulation.
            (3) Locality-based comparability payments.--Any employee 
        covered under paragraph (2) shall receive any applicable 
        locality-based comparability payment extended under section 1914 
        of this subtitle which is not in excess of the maximum rate set 
        under section 5304(g) of title 5, United States Code, for his 
        position including any future increase to statutory pay 
        limitations under 5318 of title 5, United States Code. 
        Notwithstanding paragraph (2), to the extent that an employee 
        covered under that paragraph receives any amount of locality-
        based comparability payment, the cost-of-living allowance rate 
        under that paragraph shall be reduced accordingly, as provided 
        under section 5941(c)(2)(B) of title 5, United States Code.
SEC. 1916. APPLICATION TO OTHER ELIGIBLE EMPLOYEES.

    (a) In General.--
            (1) Definition.--In this subsection, the term ``covered 
        employee'' means--
                    (A) any employee who--
                          (i) on the day before the date of enactment of 
                      this Act--
                                    (I) was eligible to be paid a cost-
                                of-living allowance under 5941 of title 
                                5, United States Code; and
                                    (II) was not eligible to be paid 
                                locality-based comparability payments 
                                under 5304 or 5304a of that title; or
                          (ii) on or after the date of enactment of this 
                      Act becomes eligible to be paid a cost-of-living 
                      allowance under 5941 of title 5, United States 
                      Code; or
                    (B) any employee who--
                          (i) on the day before the date of enactment of 
                      this Act--
                                    (I) was eligible to be paid an 
                                allowance under section 1603(b) of title 
                                10, United States Code;
                                    (II) was eligible to be paid an 
                                allowance under section 1005(b) of title 
                                39, United States Code;
                                    (III) was employed by the 
                                Transportation Security Administration 
                                of the Department of Homeland Security 
                                and was eligible to be paid an allowance 
                                based on section 5941 of title 5, United 
                                States Code; or
                                    (IV) was eligible to be paid under 
                                any other authority a cost-of-living 
                                allowance that is equivalent to the 
                                cost-of-living allowance under section 
                                5941 of title 5, United States Code; or
                          (ii) on or after the date of enactment of this 
                      Act--
                                    (I) becomes eligible to be paid an 
                                allowance under section 1603(b) of title 
                                10, United States Code;

[[Page 123 STAT. 2624]]

                                    (II) becomes eligible to be paid an 
                                allowance under section 1005(b) of title 
                                39, United States Code;
                                    (III) is employed by the 
                                Transportation Security Administration 
                                of the Department of Homeland Security 
                                and becomes eligible to be paid an 
                                allowance based on section 5941 of title 
                                5, United States Code; or
                                    (IV) becomes eligible to be paid 
                                under any other authority a cost-of-
                                living allowance that is equivalent to 
                                the cost-of-living allowance under 
                                section 5941 of title 5, United States 
                                Code.
            (2) Application to covered employees.--
                    (A) In general.--Notwithstanding any other provision 
                of law, for purposes of this subtitle (including the 
                amendments made by this subtitle) any covered employee 
                shall be treated as an employee to whom section 5941 of 
                title 5, United States Code (as amended by section 1912 
                of this subtitle), and section 1914 of this subtitle 
                apply.
                    (B) Pay fixed by statute.--Pay to covered employees 
                under section 5304 or 5304a of title 5, United States 
                Code, as a result of the application of this subtitle 
                shall be considered to be fixed by statute.
                    (C) Performance appraisal system.--With respect to a 
                covered employee who is subject to a performance 
                appraisal system no part of pay attributable to 
                locality-based comparability payments as a result of the 
                application of this subtitle including section 5941 of 
                title 5, United States Code (as amended by section 1912 
                of this subtitle), may be reduced on the basis of the 
                performance of that employee.

    (b) Postal Employees in Non-foreign Areas.--
            (1) In general.--Section 1005(b) of title 39, United States 
        Code, is amended--
                    (A) by inserting ``(1)'' after ``(b)'';
                    (B) by striking ``Section 5941,'' and inserting 
                ``Except as provided under paragraph (2), section 
                5941'';
                    (C) by striking ``For purposes of such section,'' 
                and inserting ``Except as provided under paragraph (2), 
                for purposes of section 5941 of that title,''; and
                    (D) by adding at the end the following:

    ``(2) On and after the date of enactment of the Non-Foreign Area 
Retirement Equity Assurance Act of 2009--
            ``(A) the provisions of that Act and section 5941 of title 5 
        shall apply to officers and employees covered by section 1003 
        (b) and (c) whose duty station is in a nonforeign area; and
            ``(B) with respect to officers and employees of the Postal 
        Service (other than those officers and employees described under 
        subparagraph (A)) of section 1916(b)(2) of that Act shall 
        apply.''.
            (2) Continuation of cost of living allowance.--
                    (A) In general.--Notwithstanding any other provision 
                of this subtitle, any employee of the Postal Service 
                (other than an employee covered by section 1003 (b) and 
                (c) of title 39, United States Code, whose duty station 
                is in a nonforeign area) who is paid an allowance under 
                section

[[Page 123 STAT. 2625]]

                1005(b) of that title shall be treated for all purposes 
                as if the provisions of this subtitle (including the 
                amendments made by this subtitle) had not been enacted, 
                except that the cost-of-living allowance rate paid to 
                that employee--
                          (i) may result in the allowance exceeding 25 
                      percent of the rate of basic pay of that employee; 
                      and
                          (ii) shall be the greater of--
                                    (I) the cost-of-living allowance 
                                rate in effect on December 31, 2009 for 
                                the applicable area; or
                                    (II) the applicable locality-based 
                                comparability pay percentage under 
                                section 1914.
                    (B) Rule of construction.--Nothing in this subtitle 
                shall be construed to--
                          (i) provide for an employee described under 
                      subparagraph (A) to be a covered employee as 
                      defined under subsection (a); or
                          (ii) authorize an employee described under 
                      subparagraph (A) to file an election under section 
                      1917 of this subtitle.
SEC. 1917. ELECTION OF ADDITIONAL BASIC PAY FOR ANNUITY 
                          COMPUTATION BY EMPLOYEES.

    (a) Definition.--In this section the term ``covered employee'' means 
any employee--
            (1) to whom section 1914 applies;
            (2) who is separated from service by reason of retirement 
        under chapter 83 or 84 of title 5, United States Code, during 
        the period of January 1, 2010, through December 31, 2012; and
            (3) who files an election with the Office of Personnel 
        Management under subsection (b).

    (b) Election.--
            (1) In general.--An employee described under subsection (a) 
        (1) and (2) may file an election with the Office of Personnel 
        Management to be covered under this section.
            (2) Deadline.--An election under this subsection may be 
        filed not later than December 31, 2012.

    (c) Computation of Annuity.--
            (1) In general.--Except as provided under paragraph (2), for 
        purposes of the computation of an annuity of a covered employee 
        any cost-of-living allowance under section 5941 of title 5, 
        United States Code, paid to that employee during the first 
        applicable pay period beginning on or after January 1, 2010 
        through the first applicable pay period ending on or after 
        December 31, 2012, shall be considered basic pay as defined 
        under section 8331(3) or 8401(4) of that title.
            (2) Limitation.--An employee's cost-of-living allowance may 
        be considered basic pay under paragraph (1) only to the extent 
        that, when added to the employee's locality-based comparability 
        payments, the resulting sum does not exceed the amount of the 
        locality-based comparability payments the employee would have 
        received during that period for the applicable pay area if the 
        limitation under section 1914 did not apply.

    (d) Civil Service Retirement and Disability Retirement Fund.--

[[Page 123 STAT. 2626]]

            (1) Employee contributions.--A covered employee shall pay 
        into the Civil Service Retirement and Disability Retirement 
        Fund--
                    (A) an amount equal to the difference between--
                          (i) employee contributions that would have 
                      been deducted and withheld from pay under section 
                      8334 or 8422 of title 5, United States Code, 
                      during the period described under subsection (c) 
                      of this section if the cost-of-living allowances 
                      described under that subsection had been treated 
                      as basic pay under section 8331(3) or 8401(4) of 
                      title 5, United States Code; and
                          (ii) employee contributions that were actually 
                      deducted and withheld from pay under section 8334 
                      or 8422 of title 5, United States Code, during 
                      that period; and
                    (B) interest as prescribed under section 8334(e) of 
                title 5, United States Code, based on the amount 
                determined under subparagraph (A).
            (2) Agency contributions.--
                    (A) In general.--The employing agency of a covered 
                employee shall pay into the Civil Service Retirement and 
                Disability Retirement Fund an amount for applicable 
                agency contributions based on payments made under 
                paragraph (1).
                    (B) Source.--Amounts paid under this paragraph shall 
                be contributed from the appropriation or fund used to 
                pay the employee.
            (3) Regulations.--The Office of Personnel Management may 
        prescribe regulations to carry out this section.
SEC. 1918. REGULATIONS.

    (a) In General.--The Director of the Office of Personnel Management 
shall prescribe regulations to carry out this subtitle, including--
            (1) rules for special rate employees described under section 
        1913;
            (2) rules for adjusting rates of basic pay for employees in 
        pay systems administered by the Office of Personnel Management 
        when such employees are not entitled to locality-based 
        comparability payments under section 5304 of title 5, United 
        States Code, without regard to otherwise applicable statutory 
        pay limitations during the transition period described in 
        section 1914 ending on the first day of the first pay period 
        beginning on or after January 1, 2012; and
            (3) rules governing establishment and adjustment of saved or 
        retained rates for any employee whose rate of pay exceeds 
        applicable pay limitations on the first day of the first pay 
        period beginning on or after January 1, 2012.

    (b) Other Pay Systems.--With the concurrence of the Director of the 
Office of Personnel Management, the administrator of a pay system not 
administered by the Office of Personnel Management shall prescribe 
regulations to carry out this subtitle with respect to employees in such 
pay system, consistent with the regulations prescribed by the Office 
under subsection (a). With respect to employees not entitled to 
locality-based comparability payments under section 5304 of title 5, 
United States Code, regulations prescribed under this subsection may 
provide for special payments

[[Page 123 STAT. 2627]]

or adjustments for employees who were eligible to receive a cost-of-
living allowance under section 5941 of that title on the date before the 
date of enactment of this Act.
SEC. 1919. EFFECTIVE DATES.

    (a) In General.--Except as provided by subsection (b), this subtitle 
(including the amendments made by this subtitle) shall take effect on 
the date of enactment of this Act.
    (b) Locality Pay and Schedule.--The amendments made by section 1912 
and the provisions of section 1914 shall take effect on the first day of 
the first applicable pay period beginning on or after January 1, 2010.

DIVISION B-- <<NOTE: Military Construction Authorization Act for Fiscal 
Year 2010.>> MILITARY CONSTRUCTION AUTHORIZATIONS
SEC. 2001. SHORT TITLE.

    This division may be cited as the ``Military Construction 
Authorization Act for Fiscal Year 2010''.
SEC. 2002. EXPIRATION OF AUTHORIZATIONS AND AMOUNTS REQUIRED TO BE 
                          SPECIFIED BY LAW.

    (a) Expiration of Authorizations After Three Years.--Except as 
provided in subsection (b), all authorizations contained in titles XXI 
through XXVII and title XXIX for military construction projects, land 
acquisition, family housing projects and facilities, and contributions 
to the North Atlantic Treaty Organization Security Investment Program 
(and authorizations of appropriations therefor) shall expire on the 
later of--
            (1) October 1, 2012; or
            (2) the date of the enactment of an Act authorizing funds 
        for military construction for fiscal year 2013.

    (b) Exception.--Subsection (a) shall not apply to authorizations for 
military construction projects, land acquisition, family housing 
projects and facilities, and contributions to the North Atlantic Treaty 
Organization Security Investment Program (and authorizations of 
appropriations therefor), for which appropriated funds have been 
obligated before the later of--
            (1) October 1, 2012; or
            (2) the date of the enactment of an Act authorizing funds 
        for fiscal year 2013 for military construction projects, land 
        acquisition, family housing projects and facilities, and 
        contributions to the North Atlantic Treaty Organization Security 
        Investment Program.
SEC. 2003. RELATION TO FUNDING TABLES.

    (a) Military Construction, Military Family Housing, and Related 
Activities.--The amounts authorized to be appropriated by sections 2104, 
2204, 2304, 2404, 2411, 2502, and 2606 shall be available, in accordance 
with the requirements of section 4001, for projects, programs, and 
activities, and in the amounts, specified in the funding table in 
section 4501.
    (b) Base Closure and Realignment Activities.--The amounts authorized 
to be appropriated by section 2703 shall be available, in accordance 
with the requirements of section 4001,

[[Page 123 STAT. 2628]]

for projects, programs, and activities, and in the amounts, specified in 
the funding table in section 4502.
    (c) Overseas Contingency Operations.--The amounts authorized to be 
appropriated by sections 2901 and 2902 shall be available, in accordance 
with the requirements of section 4001, for projects, programs, and 
activities, and in the amounts, specified in the funding table in 
section 4503.
SEC. 2004. GENERAL REDUCTION ACROSS DIVISION.

    (a) Reduction.--Of the amounts provided in the authorizations of 
appropriations in this division, the overall authorization of 
appropriations in this division is reduced by $529,091,000.
    (b) Report on Application.--Not later than 90 days after the date of 
the enactment of this Act, the Secretary of Defense shall submit to the 
congressional defense committees a report describing how the reduction 
required by subsection (a) is applied.

                             TITLE XXI--ARMY

Sec. 2101. Authorized Army construction and land acquisition projects.
Sec. 2102. Family housing.
Sec. 2103. Improvements to military family housing units.
Sec. 2104. Authorization of appropriations, Army.
Sec. 2105. Modification of authority to carry out certain fiscal year 
           2009 project.
Sec. 2106. Extension of authorizations of certain fiscal year 2006 
           projects.

SEC. 2101. AUTHORIZED ARMY CONSTRUCTION AND LAND ACQUISITION 
                          PROJECTS.

    (a) Inside the United States.--Using amounts appropriated pursuant 
to the authorization of appropriations in section 2104(a)(1), the 
Secretary of the Army may acquire real property and carry out military 
construction projects for the installations or locations inside the 
United States, and in the amounts, set forth in the following table:

                                         Army: Inside the United States
----------------------------------------------------------------------------------------------------------------
                    State                                  Installation or Location                   Amount
----------------------------------------------------------------------------------------------------------------
Alabama.....................................  Anniston Army Depot..............................       $3,300,000
                                              Redstone Arsenal.................................       $3,550,000
Alaska......................................  Fort Richardson..................................      $56,050,000
                                              Fort Wainwright..................................     $198,000,000
Arizona.....................................  Fort Huachuca....................................      $27,700,000
Arkansas....................................  Pine Bluff Arsenal...............................      $25,000,000
California..................................  Fort Irwin.......................................       $9,500,000
Colorado....................................  Fort Carson......................................     $240,950,000
Florida.....................................  Eglin Air Force Base.............................     $132,800,000
Georgia.....................................  Fort Benning.....................................     $295,300,000
                                              Fort Gillem......................................      $10,800,000
                                              Fort Stewart.....................................     $100,400,000
Hawaii......................................  Schofield Barracks...............................     $184,000,000
                                              Wheeler Army Air Field...........................       $7,500,000
Kansas......................................  Fort Riley.......................................     $168,500,000
Kentucky....................................  Fort Campbell....................................      $14,400,000
                                              Fort Knox........................................      $70,000,000
Louisiana...................................  Fort Polk........................................      $55,400,000
Maryland....................................  Aberdeen Proving Ground..........................      $15,500,000
                                              Fort Detrick.....................................      $46,400,000
                                              Fort Meade.......................................       $2,350,000
Missouri....................................  Fort Leonard Wood................................     $170,800,000
New Jersey..................................  Picatinny Arsenal................................      $10,200,000
New York....................................  Fort Drum........................................      $92,700,000
North Carolina..............................  Fort Bragg.......................................     $114,600,000

[[Page 123 STAT. 2629]]

 
                                              Sunny Point Military Ocean Terminal..............      $28,900,000
Oklahoma....................................  Fort Sill........................................      $90,500,000
                                              McAlester Army Ammunition Plant..................      $12,500,000
South Carolina..............................   Charleston Naval Weapons Station................      $21,800,000
                                              Fort Jackson.....................................     $103,500,000
Texas.......................................  Fort Bliss.......................................     $219,400,000
                                              Fort Hood........................................      $42,900,000
                                              Fort Sam Houston.................................      $19,800,000
Utah........................................  Dugway Proving Ground............................      $25,000,000
Virginia....................................  Fort A.P. Hill...................................      $23,000,000
                                              Fort Belvoir.....................................      $17,900,000
                                              Fort Eustis......................................       $8,900,000
                                              Fort Lee.........................................       $5,000,000
Washington..................................  Fort Lewis.......................................      $18,700,000
Various locations...........................  Troop Trainee Housing............................     $350,000,000
----------------------------------------------------------------------------------------------------------------

    (b) Outside the United States.--Using amounts appropriated pursuant 
to the authorization of appropriations in section 2104(a)(2), the 
Secretary of the Army may acquire real property and carry out military 
construction projects for the installations or locations outside the 
United States, and in the amounts, set forth in the following table:

                                         Army: Outside the United States
----------------------------------------------------------------------------------------------------------------
                    Country                                 Installation or Location                  Amount
----------------------------------------------------------------------------------------------------------------
Afghanistan...................................  Bagram Air Base................................      $87,100,000
Belgium.......................................  Mons...........................................      $20,000,000
Germany.......................................  Ansbach........................................      $31,700,000
                                                Kleber Kaserne.................................      $20,000,000
Japan.........................................  Okinawa........................................       $6,000,000
                                                Sagamihara.....................................       $6,000,000
Korea.........................................  Camp Humphreys.................................      $50,200,000
Kuwait........................................  Camp Arifjan...................................      $82,000,000
----------------------------------------------------------------------------------------------------------------

SEC. 2102. FAMILY HOUSING.

    (a) Construction and Acquisition.--Using amounts appropriated 
pursuant to the authorization of appropriations in section 
2104(a)(5)(A), the Secretary of the Army may construct or acquire family 
housing units (including land acquisition and supporting facilities) at 
the installations or locations, in the number of units, and in the 
amounts set forth in the following table:

                                              Army: Family Housing
----------------------------------------------------------------------------------------------------------------
                Country                    Installation or Location              Units                Amount
----------------------------------------------------------------------------------------------------------------
Germany................................  Baumholder.................  38........................     $18,000,000
----------------------------------------------------------------------------------------------------------------

    (b) Planning and Design.--Using amounts appropriated pursuant to the 
authorization of appropriations in section 2104(a)(5)(A), the Secretary 
of the Army may carry out architectural and engineering services and 
construction design activities with respect to the construction or 
improvement of family housing units in an amount not to exceed 
$3,936,000.

[[Page 123 STAT. 2630]]

SEC. 2103. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.

    Subject to section 2825 of title 10, United States Code, and using 
amounts appropriated pursuant to the authorization of appropriations in 
section 2104(a)(5)(A), the Secretary of the Army may improve existing 
military family housing units in an amount not to exceed $219,300,000.
SEC. 2104. AUTHORIZATION OF APPROPRIATIONS, ARMY.

    (a) In General.--Funds are hereby authorized to be appropriated for 
fiscal years beginning after September 30, 2009, for military 
construction, land acquisition, and military family housing functions of 
the Department of the Army in the total amount of $4,516,073,000 as 
follows:
            (1) For military construction projects inside the United 
        States authorized by section 2101(a), $2,752,500,000.
            (2) For military construction projects outside the United 
        States authorized by section 2101(b), $303,000,000.
            (3) For unspecified minor military construction projects 
        authorized by section 2805 of title 10, United States Code, 
        $25,000,000.
            (4) For host nation support and architectural and 
        engineering services and construction design under section 2807 
        of title 10, United States Code, $200,519,000.
            (5) For military family housing functions:
                    (A) For construction and acquisition, planning and 
                design, and improvement of military family housing and 
                facilities, $241,236,000.
                    (B) For support of military family housing 
                (including the functions described in section 2833 of 
                title 10, United States Code), $523,418,000.
            (6) For the construction of increment 4 of a brigade complex 
        at Fort Lewis, Washington, authorized by section 2101(a) of the 
        Military Construction Authorization Act for Fiscal Year 2007 
        (division B of Public Law 109-364; 120 Stat. 2445), as amended 
        by section 20814 of the Continuing Appropriations Resolution, 
        2007 (division B of Public Law 109-289), as added by section 2 
        of the Revised Continuing Resolution, 2007 (Public Law 110-5; 
        121 Stat 41) $102,000,000.
            (7) For the construction of increment 3 of the United States 
        Southern Command Headquarters at Miami Doral, Florida, 
        authorized by section 2101(a) of the Military Construction 
        Authorization Act for Fiscal Year 2008 (division B of Public Law 
        110-181; 122 Stat. 504), $55,400,000.
            (8) For the construction of increment 3 of the brigade 
        complex operations support facility at Vicenza, Italy, 
        authorized by section 2101(b) of the Military Construction 
        Authorization Act for Fiscal Year 2008 (division B of Public Law 
        110-181; 122 Stat. 505), $23,500,000.
            (9) For the construction of increment 3 of the brigade 
        complex barracks and community support facility at Vicenza, 
        Italy, authorized by section 2101(b) of the Military 
        Construction Authorization Act for Fiscal Year 2008 (division B 
        of Public Law 110-181; 122 Stat. 505), $22,500,000.
            (10) For the construction of increment 2 of a barracks and 
        dining complex at Fort Carson, Colorado, authorized by section 
        2101(a) of the Military Construction Authorization Act

[[Page 123 STAT. 2631]]

        for Fiscal Year 2009 (division B of Public Law 110-417; 122 
        Stat. 4659), $60,000,000.
            (11) For the construction of increment 2 of a barracks and 
        dining complex at Fort Stewart, Georgia, authorized by section 
        2101(a) of the Military Construction Authorization Act for 
        Fiscal Year 2009 (division B of Public Law 110-417; 122 Stat. 
        4659), $80,000,000.
            (12) For the construction of increment 2 of the family 
        housing replacement construction at Wiesbaden Air Base, Germany, 
        authorized by section 2102(a) of the Military Construction 
        Authorization Act for Fiscal Year 2009 (division B of Public Law 
        110-417; 122 Stat. 4663), $10,000,000.
            (13) For the construction of increment 2 of the family 
        housing replacement construction at Wiesbaden Air Base, Germany, 
        authorized by section 2102(a) of the Military Construction 
        Authorization Act for Fiscal Year 2009 (division B of Public Law 
        110-417; 122 Stat. 4663), $11,000,000.
            (14) For the construction of increment 2 of the family 
        housing replacement construction at Wiesbaden Air Base, Germany, 
        authorized by section 2102(a) of the Military Construction 
        Authorization Act for Fiscal Year 2009 (division B of Public Law 
        110-417; 122 Stat. 4663), $11,000,000.
            (15) For the construction of increment 1 of an Aviation Task 
        Force Complex Phase 1 at Fort Wainwright, Alaska, authorized by 
        section 2101(a), $95,000,000.

    (b) Limitation on Total Cost of Construction Projects.--
Notwithstanding the cost variations authorized by section 2853 of title 
10, United States Code, and any other cost variation authorized by law, 
the total cost of all projects carried out under section 2101 of this 
Act may not exceed the sum of the following:
            (1) The total amount authorized to be appropriated under 
        paragraphs (1) and (2) of subsection (a).
            (2) $95,000,000 (the balance of the amount authorized under 
        section 2101(a) for an aviation task force complex, Phase I at 
        Fort Wainwright, Alaska).
            (3) $25,000,000 (the balance of the amount authorized under 
        section 2101(b) of the Military Construction Authorization Act 
        for Fiscal Year 2008 (division B of Public Law 110-181; 122 
        Stat. 505) for construction of a brigade complex operations 
        support facility at Vicenza, Italy.
            (4) $26,000,000 (the balance of the amount authorized under 
        section 2101(b) of the Military Construction Authorization Act 
        for Fiscal Year 2008 (division B of Public Law 110-181; 122 
        Stat. 505) for construction of a brigade complex operations 
        support facility at Vicenza, Italy.

    (c) Limitation on Implementation of Troop Trainee Barracks 
Projects.-- <<NOTE: Reports. Certifications.>> The Secretary of the Army 
may not enter into an award of a project for any troop trainee barracks 
authorized under section 2101(a) until the Secretary submits to the 
congressional defense committees a report that includes the following:
            (1) Within the amounts authorized to be appropriated under 
        subsection (a), a list of the proposed projects.
            (2) A Military Construction Data Sheet for each project.
            (3) A certification that the projects can be awarded in the 
        year for which the appropriation of funds is made.
            (4) A certification that the projects are listed in the 
        current Future Years Defense Program for the Army.

[[Page 123 STAT. 2632]]

SEC. 2105. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL 
                          YEAR 2009 PROJECT.

    In the case of the authorization contained in the table in section 
2101(a) of the Military Construction Authorization Act for Fiscal Year 
2009 (Public Law 110-417; 122 Stat. 4659) for Fort Bragg, North 
Carolina, for construction of a chapel at the installation, the 
Secretary of the Army may construct up to a 22,600 square-feet (400 
person) chapel consistent with the Army's standard square footage for 
chapel construction guidelines.
SEC. 2106. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR 2006 
                          PROJECTS.

    (a) Extension.-- <<NOTE: Termination date.>> Notwithstanding section 
2701 of the Military Construction Authorization Act for Fiscal Year 2006 
(division B of Public Law 109-163; 119 Stat. 3501), authorizations set 
forth in the table in subsection (b), as provided in section 2101 of 
that Act (119 Stat. 3485) and extended by section 2107 of the Military 
Construction Authorization Act for Fiscal Year 2009 (division B of 
Public Law 110-417; 122 Stat. 4665), shall remain in effect until 
October 1, 2010, or the date of the enactment of an Act authorizing 
funds for military construction for fiscal year 2011, whichever is 
later:

    (b) Table.--The table referred to in subsection (a) is as follows:

                                 Army: Extension of 2006 Project Authorizations
----------------------------------------------------------------------------------------------------------------
                 State                   Installation or Location             Project                 Amount
----------------------------------------------------------------------------------------------------------------
Hawaii................................  Pohakuloa................  Tactical Vehicle Wash              $9,207,000
                                                                    Facility.
                                                                   Battle Area Complex.........      $33,660,000
----------------------------------------------------------------------------------------------------------------

                            TITLE XXII--NAVY

Sec. 2201. Authorized Navy construction and land acquisition projects.
Sec. 2202. Family housing.
Sec. 2203. Improvements to military family housing units.
Sec. 2204. Authorization of appropriations, Navy.
Sec. 2205. Modification and extension of authority to carry out certain 
           fiscal year 2006 project.

SEC. 2201. AUTHORIZED NAVY CONSTRUCTION AND LAND ACQUISITION 
                          PROJECTS.

    (a) Inside the United States.--Using amounts appropriated pursuant 
to the authorization of appropriations in section 2204(a)(1), the 
Secretary of the Navy may acquire real property and carry out military 
construction projects for the installations or locations inside the 
United States, and in the amounts, set forth in the following table:

                                         Navy: Inside the United States
----------------------------------------------------------------------------------------------------------------
                     State                                  Installation or Location                  Amount
----------------------------------------------------------------------------------------------------------------
Arizona.......................................  Marine Corps Air Station, Yuma.................      $28,770,000
California....................................  Mountain Warfare Training Center Bridgeport....      $11,290,000
                                                Marine Corps Base, Camp Pendleton..............     $775,162,000

[[Page 123 STAT. 2633]]

 
                                                Edwards Air Force Base.........................       $3,007,000
                                                Naval Station Monterey.........................      $10,240,000
                                                Marine Corps Base, Twentynine Palms............     $513,680,000
                                                Marine Corps Air Station, Miramar..............       $9,280,000
                                                Point Loma Annex...............................      $11,060,000
                                                Naval Station, San Diego.......................      $23,590,000
Connecticut...................................  Naval Submarine Base, New London...............       $6,570,000
Florida.......................................  Blount Island Command..........................       $3,760,000
                                                Eglin Air Force Base...........................      $26,287,000
                                                Naval Air Station, Jacksonville................       $5,917,000
                                                Naval Station, Mayport.........................     $102,345,000
                                                Naval Air Station, Pensacola...................      $26,161,000
                                                Naval Air Station, Whiting Field...............       $4,120,000
Georgia.......................................  Marine Corps Logistics Base, Albany............       $4,870,000
Hawaii........................................  Oahu...........................................       $5,380,000
                                                Naval Station, Pearl Harbor....................      $60,252,000
Indiana.......................................  Naval Support Activity.........................      $13,710,000
Maine.........................................  Portsmouth Naval Shipyard......................       $7,090,000
Maryland......................................  Naval Surface Warfare Center, Carderock........       $6,520,000
                                                Naval Air Station, Patuxent River..............      $11,043,000
Nevada........................................  Naval Air Station, Fallon......................      $10,670,000
North Carolina................................  Marine Corps Base, Camp Lejeune................     $673,570,000
                                                Marine Corps Air Station, Cherry Point.........      $22,960,000
                                                Marine Corps Air Station, New River............     $107,090,000
Rhode Island..................................  Naval Station, Newport.........................      $64,883,000
South Carolina................................  Marine Corps Air Station, Beaufort.............       $1,280,000
                                                Marine Corps Recruit Depot, Parris Island......       $6,972,000
Texas.........................................  Naval Air Station, Corpus Christi..............      $19,764,000
                                                Naval Air Station, Kingsville..................       $4,470,000
Virginia......................................  Naval Amphibious Base, Little Creek............      $13,095,000
                                                Naval Station Norfolk..........................      $18,139,000
                                                Naval Special Weapons Center, Dahlgren.........       $3,660,000
                                                Dam Neck.......................................      $14,170,000
                                                Norfolk Naval Shipyard, Portsmouth.............     $226,969,000
                                                Marine Corps Base, Quantico....................     $105,240,000
Washington....................................   Bremerton.....................................     $108,939,000
                                                Naval Station, Everett.........................       $3,810,000
                                                 Naval Magazine, Indian Island.................      $13,130,000
                                                Spokane........................................      $12,707,000
West Virginia.................................  Naval Security Group, Sugar Grove..............      $10,990,000
----------------------------------------------------------------------------------------------------------------

    (b) Outside the United States.--Using amounts appropriated pursuant 
to the authorization of appropriations in section 2204(a)(2), the 
Secretary of the Navy may acquire real property and carry out military 
construction projects for the installation or location outside the 
United States, and in the amounts, set forth in the following table:

                                         Navy: Outside the United States
----------------------------------------------------------------------------------------------------------------
                    Country                                 Installation or Location                  Amount
----------------------------------------------------------------------------------------------------------------
Bahrain.......................................  Southwest Asia..................................     $41,526,000
Djibouti......................................  Camp Lemonier...................................     $41,845,000
Guam..........................................  Naval Activities, Guam..........................    $575,006,000

[[Page 123 STAT. 2634]]

 
Spain.........................................  Naval Station, Rota.............................     $26,278,000
----------------------------------------------------------------------------------------------------------------

SEC. 2202. FAMILY HOUSING.

    (a) Construction and Acquisition.--Using amounts appropriated 
pursuant to the authorization of appropriations in section 
2204(a)(5)(A), the Secretary of the Navy may construct or acquire family 
housing units (including land acquisition and supporting facilities) at 
the installations or locations, in the number of units, and in the 
amount set forth in the following table:

                                              Navy: Family Housing
----------------------------------------------------------------------------------------------------------------
               Location                Installation or Location                 Units                   Amount
----------------------------------------------------------------------------------------------------------------
Korea................................  Pusan...................  Welcome center/ warehouse            $4,376,000
Mariana Islands......................  Naval Activities, Guam..  30                                  $20,730,000
----------------------------------------------------------------------------------------------------------------

    (b) Planning and Design.--Using amounts appropriated pursuant to the 
authorization of appropriations in section 2204(a)(5)(A), the Secretary 
of the Navy may carry out architectural and engineering services and 
construction design activities with respect to the construction or 
improvement of family housing units in an amount not to exceed 
$2,771,000.
SEC. 2203. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.

    Subject to section 2825 of title 10, United States Code, and using 
amounts appropriated pursuant to the authorization of appropriations in 
section 2204(a)(5)(A), the Secretary of the Navy may improve existing 
military family housing units in an amount not to exceed $118,692,000.
SEC. 2204. AUTHORIZATION OF APPROPRIATIONS, NAVY.

    (a) In General.--Funds are hereby authorized to be appropriated for 
fiscal years beginning after September 30, 2009, for military 
construction, land acquisition, and military family housing functions of 
the Department of the Navy in the total amount of $4,284,112,000, as 
follows:
            (1) For military construction projects inside the United 
        States authorized by section 2201(a), $2,746,704,000.
            (2) For military construction projects outside the United 
        States authorized by section 2201(b), $233,445,000.
            (3) For unspecified minor military construction projects 
        authorized by section 2805 of title 10, United States Code, 
        $12,483,000.
            (4) For architectural and engineering services and 
        construction design under section 2807 of title 10, United 
        States Code, $179,652,000.
            (5) For military family housing functions:
                    (A) For construction and acquisition, planning and 
                design, and improvement of military family housing and 
                facilities, $146,569,000.

[[Page 123 STAT. 2635]]

                    (B) For support of military family housing 
                (including functions described in section 2833 of title 
                10, United States Code), $368,540,000.
            (6) For the construction of increment 6 of a limited area 
        production and storage complex at Bangor, Washington, authorized 
        by section 2201(a) of the Military Construction Authorization 
        Act for Fiscal Year 2005 (division B of Public Law 108-375; 118 
        Stat. 2106), $87,292,000.
            (7) For the construction of increment 2 of enclave fencing 
        at Naval Submarine Base, Bangor, Washington, authorized by 
        section 2201(a) of the Military Construction Authorization Act 
        for Fiscal Year 2006 (division B of Public Law 109-163; 119 
        Stat. 3490), as amended by section 2205 of this Act, 
        $67,419,000.
            (8) For the construction of increment 2 of a replacement 
        maintenance pier at Bremerton, Washington, authorized by section 
        2201(a) of the Military Construction Authorization Act for 
        Fiscal Year 2008 (division B of Public Law 110-181; 122 Stat. 
        510), $69,064,000.
            (9) For the construction of increment 3 of a submarine 
        drive-in magazine silencing facility at Naval Base Pearl Harbor, 
        Hawaii, authorized by section 2201(a) of the Military 
        Construction Authorization Act for Fiscal Year 2008 (division B 
        of Public Law 110-181; 122 Stat. 510), $8,645,000.
            (10) For the construction of the first increment of a ship 
        repair pier replacement at Norfolk Naval Shipyard, Virginia, 
        authorized by section 2201(a), $126,969,000.
            (11) For the construction of the first increment of a 
        wharves improvement, Apra Harbor, Guam, authorized by section 
        2201(b), $127,033,000.
            (12) For the construction of the first increment of north 
        ramp utilities, Andersen Air Force Base, Guam, authorized by 
        section 2201(b), $21,500,000.
            (13) For the construction of the first increment of north 
        ramp parking, Andersen Air Force Base, Guam, authorized by 
        section 2201(b), $88,797,000.

    (b) Limitation on Total Cost of Construction Projects.--
Notwithstanding the cost variations authorized by section 2853 of title 
10, United States Code, and any other cost variation authorized by law, 
the total cost of all projects carried out under section 2201 of this 
Act may not exceed the sum of the following:
            (1) The total amount authorized to be appropriated under 
        paragraphs (1) and (2) of subsection (a).
            (2) $100,000,000 (the balance of the amount authorized under 
        section 2201(a) for Ship Repair Pier Replacement at the Norfolk 
        Naval Shipyard, Virginia).
            (3) $40,000,000 (the balance of the amount authorized under 
        section 2201(b) for wharves improvements, Apra Harbor, Guam).
            (4) $41,520,000 (the balance of the amount authorized under 
        section 2201(a) for Enclave Fencing/Parking at Bremerton, 
        Washington).
            (5) $94,100,000 (the balance of the amount authorized under 
        section 2201(b) for north ramp parking at Andersen Air Force 
        Base, Guam).

[[Page 123 STAT. 2636]]

            (6) $79,780,000 (the balance of the amount authorized under 
        section 2201(b) for north ramp utilities at Andersen Air Force 
        Base, Guam).
SEC. 2205. MODIFICATION AND EXTENSION OF AUTHORITY TO CARRY OUT 
                          CERTAIN FISCAL YEAR 2006 PROJECT.

    (a) Modification.--The table in section 2201(a) of the Military 
Construction Authorization Act for Fiscal Year 2006 (division B of 
Public Law 109-163; 119 Stat. 3490) is amended in the item relating to 
Naval Submarine Base, Bangor, Washington, by striking ``$60,160,000'' 
and inserting ``$127,163,000''.
    (b) Conforming Amendment.--Section 2204(b) of that Act (119 Stat. 
3492) is amended by adding at the end the following new paragraph:
            ``(11) $67,003,000 (the balance of the amount authorized 
        under section 2201(a) for construction of a waterfront security 
        enclave at Naval Submarine Base, Bangor, Washington).''.

    (c) Extension.-- <<NOTE: Termination date.>> Notwithstanding section 
2701 of the Military Construction Authorization Act for Fiscal Year 2006 
(division B of Public Law 109-163; 119 Stat. 3501), the authorization 
relating to enclave fencing/parking at Naval Submarine Base, Bangor, 
Washington (formerly referred to as a project at Naval Submarine Base, 
Bangor, Washington), as provided in section 2201 of that Act, shall 
remain in effect until October 1, 2012, or the date of the enactment of 
an Act authorizing funds for military construction for fiscal year 2013, 
whichever is later.

                         TITLE XXIII--AIR FORCE

Sec. 2301. Authorized Air Force construction and land acquisition 
           projects.
Sec. 2302. Family housing.
Sec. 2303. Improvements to military family housing units.
Sec. 2304. Authorization of appropriations, Air Force.
Sec. 2305. Termination of authority to carry out certain fiscal year 
           2009 Air Force project.
Sec. 2306. Extension of authorizations of certain fiscal year 2007 
           projects.
Sec. 2307. Extension of authorizations of certain fiscal year 2006 
           projects.
Sec. 2308. Conveyance to Indian tribes of certain housing units.

SEC. 2301. AUTHORIZED AIR FORCE CONSTRUCTION AND LAND ACQUISITION 
                          PROJECTS.

    (a) Inside the United States.--Using amounts appropriated pursuant 
to the authorization of appropriations in section 2304(1), the Secretary 
of the Air Force may acquire real property and carry out military 
construction projects for the installations or locations inside the 
United States, and in the amounts, set forth in the following table:

                                       Air Force: Inside the United States
----------------------------------------------------------------------------------------------------------------
                     State                                 Installation or Location                  Amount
----------------------------------------------------------------------------------------------------------------
Alaska.........................................  Clear Air Force Station.....................        $24,300,000
                                                 Eielson Air Force Base......................        $13,350,000
                                                 Elmendorf Air Force Base....................        $15,700,000
Arizona........................................  Davis-Monthan Air Force Base................        $41,900,000
Arkansas.......................................  Little Rock Air Force Base..................        $16,200,000
California.....................................  Los Angeles Air Force Base..................         $8,000,000
                                                 Travis Air Force Base.......................        $12,900,000
                                                 Vandenberg Air Force Base...................        $13,000,000
Colorado.......................................  Peterson Air Force Base.....................        $32,300,000

[[Page 123 STAT. 2637]]

 
                                                 United States Air Force Academy.............        $17,500,000
Delaware.......................................  Dover Air Force Base........................        $24,900,000
Florida........................................  Eglin Air Force Base........................        $84,360,000
                                                 Hurlburt Field..............................        $19,900,000
                                                 MacDill Air Force Base......................        $59,300,000
                                                 Patrick Air Force Base......................         $8,400,000
Georgia........................................  Moody Air Force Base........................        $10,000,000
                                                 Warner Robins Air Force Base................         $6,200,000
Hawaii.........................................  Hickam Air Force Base.......................         $4,000,000
                                                 Wheeler Air Force Base......................        $15,000,000
Idaho..........................................  Mountain Home Air Force Base................        $20,000,000
Illinois.......................................  Scott Air Force Base........................         $7,400,000
Louisiana......................................  Barksdale Air Force Base....................        $12,800,000
Maryland.......................................  Andrews Air Force Base......................         $9,300,000
Mississippi....................................  Columbus Air Force Base.....................         $9,800,000
Missouri.......................................  Whiteman Air Force Base.....................        $12,900,000
Montana........................................  Malstrom Air Force Base.....................        $10,600,000
Nebraska.......................................  Offutt Air Force Base.......................        $10,400,000
Nevada.........................................  Creech Air Force Base.......................         $2,700,000
New Jersey.....................................  McGuire Air Force Base......................         $7,900,000
New Mexico.....................................  Cannon Air Force Base.......................        $15,000,000
                                                 Holloman Air Force Base.....................        $53,400,000
                                                 Kirtland Air Force Base.....................        $22,500,000
North Carolina.................................  Pope Air Force Base.........................         $9,000,000
                                                 Seymour Johnson Air Force Base..............         $6,900,000
North Dakota...................................  Grand Forks Air Force Base..................        $12,000,000
                                                 Minot Air Force Base........................        $11,500,000
Ohio...........................................  Wright-Patterson Air Force Base.............        $58,600,000
Oklahoma.......................................  Altus Air Force Base........................        $20,300,000
                                                 Tinker Air Force Base.......................        $18,237,000
                                                 Vance Air Force Base........................        $10,700,000
South Carolina.................................  Shaw Air Force Base.........................        $21,183,000
South Dakota...................................  Ellsworth Air Force Base....................        $14,500,000
Texas..........................................  Dyess Air Force Base........................         $4,500,000
                                                 Goodfellow Air Force Base...................        $44,400,000
                                                 Lackland Air Force Base.....................       $113,879,000
                                                 Sheppard Air Force Base.....................        $13,450,000
Utah...........................................  Hill Air Force Base.........................        $26,153,000
Virginia.......................................  Langley Air Force Base......................        $10,000,000
Washington.....................................  Fairchild Air Force Base....................        $15,150,000
Wyoming........................................  F. E. Warren Air Force Base.................         $9,100,000
----------------------------------------------------------------------------------------------------------------

    (b) Outside the United States.--Using amounts appropriated pursuant 
to the authorization of appropriations in section 2304(2), the Secretary 
of the Air Force may acquire real property and carry out military 
construction projects for the installations or locations outside the 
United States, and in the amounts, set forth in the following table:

                  Air Force: Outside the United States
------------------------------------------------------------------------
           Country              Installation or Location      Amount
------------------------------------------------------------------------
Afghanistan..................  Bagram Air Base..........     $22,000,000
Colombia.....................  Palanquero Air Base......     $46,000,000
Germany......................  Ramstein Air Base........     $34,700,000
                               Spangdahlem Air Base.....     $23,500,000
Guam.........................  Andersen Air Force Base..     $61,702,000
Italy........................  Naval Air Station             $31,300,000
                                Sigonella.
Qatar........................  Al Udeid Air Base........     $60,000,000
Turkey.......................  Incirlik Air Base........      $9,200,000
------------------------------------------------------------------------

[[Page 123 STAT. 2638]]

SEC. 2302. FAMILY HOUSING.

    Using amounts appropriated pursuant to the authorization of 
appropriations in section 2304(5)(A), the Secretary of the Air Force may 
carry out architectural and engineering services and construction design 
activities with respect to the construction or improvement of family 
housing units in an amount not to exceed $4,314,000.
SEC. 2303. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.

    Subject to section 2825 of title 10, United States Code, and using 
amounts appropriated pursuant to the authorization of appropriations in 
section 2304(5)(A), the Secretary of the Air Force may improve existing 
military family housing units in an amount not to exceed $61,737,000.
SEC. 2304. AUTHORIZATION OF APPROPRIATIONS, AIR FORCE.

    Funds are hereby authorized to be appropriated for fiscal years 
beginning after September 30, 2009, for military construction, land 
acquisition, and military family housing functions of the Department of 
the Air Force in the total amount of $1,984,963,000, as follows:
            (1) For military construction projects inside the United 
        States authorized by section 2301(a), $1,003,962,000.
            (2) For military construction projects outside the United 
        States authorized by section 2301(b), $288,402,000.
            (3) For unspecified minor military construction projects 
        authorized by section 2805 of title 10, United States Code, 
        $20,000,000.
            (4) For architectural and engineering services and 
        construction design under section 2807 of title 10, United 
        States Code, $103,562,000.
            (5) For military family housing functions:
                    (A) For construction and acquisition, planning and 
                design, and improvement of military family housing and 
                facilities, $66,101,000.
                    (B) For support of military family housing 
                (including functions described in section 2833 of title 
                10, United States Code), $502,936,000.
SEC. 2305. TERMINATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL 
                          YEAR 2009 AIR FORCE PROJECT.

    (a) Termination.--The table in section 2301(c) of the Military 
Construction Authorization Act for Fiscal Year 2009 (division B of 
Public Law 110-417; 122 Stat. 4682) is amended in the item relating to 
Unspecified Worldwide Locations by striking ``$38,391,000'' in the 
amount column and inserting ``$891,000''.
    (b) Conforming Amendments.--Section 2304 of that Act (122 Stat. 
4683) is amended--
            (1) in the matter preceding paragraph (1), by striking 
        ``$2,108,090,000'' and inserting ``$2,070,590,000''; and
            (2) in paragraph (3), by striking ``$38,391,000'' and 
        inserting ``$891,000''.
SEC. 2306. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR 2007 
                          PROJECTS.

    (a) Extension.-- <<NOTE: Termination date.>> Notwithstanding section 
2701 of the Military Construction Authorization Act for Fiscal Year 2007 
(division B of Public Law 109-364; 120 Stat. 2463), authorizations set 
forth in the table in subsection (b), as provided in sections 2301 and

[[Page 123 STAT. 2639]]

2302 of that Act, shall remain in effect until October 1, 2010, or the 
date of the enactment of an Act authorizing funds for military 
construction for fiscal year 2011, whichever is later.

    (b) Table.--The table referred to in subsection (a) is as follows:

                               Air Force: Extension of 2007 Project Authorizations
----------------------------------------------------------------------------------------------------------------
             State/Country               Installation or Location             Project                 Amount
----------------------------------------------------------------------------------------------------------------
Delaware..............................  Dover Air Force Base.....  C-17 Aircrew Life Support...       $7,400,000
Idaho.................................  Mountain Home Air Force    Replace Family Housing (457      $107,800,000
                                         Base....................   units).....................
----------------------------------------------------------------------------------------------------------------

SEC. 2307. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR 2006 
                          PROJECTS.

    (a) Extension.-- <<NOTE: Termination date.>> Notwithstanding section 
2701 of the Military Construction Authorization Act for Fiscal Year 2006 
(division B of Public Law 109-163; 119 Stat. 3501), authorizations set 
forth in the table in subsection (b), as provided in section 2302 of 
that Act (119 Stat. 3495) and extended by section 2305 of the Military 
Construction Authorization Act for Fiscal Year 2009 (division B of 
Public Law 110-417; 122 Stat. 4684), shall remain in effect until 
October 1, 2010, or the date of the enactment of an Act authorizing 
funds for military construction for fiscal year 2011, whichever is 
later.

    (b) Table.--The table referred to in subsection (a) is as follows:

                               Air Force: Extension of 2006 Project Authorizations
----------------------------------------------------------------------------------------------------------------
                 State                     Installation or Location            Project                Amount
----------------------------------------------------------------------------------------------------------------
Alaska.................................  Eielson Air Force Base.....  Replace Family Housing         $37,650,000
                                                                       (92 units)..............
                                         Eielson Air Force Base       Purchase Build/Lease           $18,144,000
                                                                       Housing (300 units).....
North Dakota...........................  Grand Forks Air Force Base.  Replace Family Housing         $43,353,000
                                                                       (150 units).............
----------------------------------------------------------------------------------------------------------------

SEC. 2308. CONVEYANCE TO INDIAN TRIBES OF CERTAIN HOUSING UNITS.

    (a) Definitions.--In this section:
            (1) Executive director.--The term ``Executive Director'' 
        means the Executive Director of Walking Shield, Inc.
            (2) Indian tribe.--The term ``Indian tribe'' means any 
        Indian tribe included on the list published by the Secretary of 
        the Interior under section 104 of the Federally Recognized 
        Indian Tribe List Act of 1994 (25 U.S.C.479a-1).

    (b) Requests for Conveyance.--
            (1) In general.--The Executive Director may submit to the 
        Secretary of the Air Force, on behalf of any Indian tribe

[[Page 123 STAT. 2640]]

        located in the State of Idaho, Nevada, North Dakota, Oregon, 
        South Dakota, Montana, or Minnesota, a request for conveyance of 
        any relocatable military housing unit located at Grand Forks Air 
        Force Base, Minot Air Force Base, Malmstrom Air Force Base, 
        Ellsworth Air Force Base, or Mountain Home Air Force Base.
            (2) Conflicts.--The Executive Director shall resolve any 
        conflict among requests of Indian tribes for housing units 
        described in paragraph (1) before submitting a request to the 
        Secretary of the Air Force under this subsection.

    (c) Conveyance by Secretary.--Notwithstanding any other provision of 
law, on receipt of a request under subsection (b)(1), the Secretary of 
the Air Force may convey to the Indian tribe that is the subject of the 
request, at no cost to the Air Force and without consideration, any 
relocatable military housing unit described in subsection (b)(1) that, 
as determined by the Secretary, is in excess of the needs of the 
military.

                      TITLE XXIV--DEFENSE AGENCIES

                Subtitle A--Defense Agency Authorizations

Sec. 2401. Authorized Defense Agencies construction and land acquisition 
           projects.
Sec. 2402. Family Housing.
Sec. 2403. Energy conservation projects.
Sec. 2404. Authorization of appropriations, Defense Agencies.
Sec. 2405. Termination or modification of authority to carry out certain 
           fiscal year 2009 projects.
Sec. 2406. Modification of authority to carry out certain fiscal year 
           2008 project.
Sec. 2407. Extension of authorizations of certain fiscal year 2007 
           project.

          Subtitle B--Chemical Demilitarization Authorizations

Sec. 2411. Authorization of appropriations, chemical demilitarization 
           construction, defense-wide.

                Subtitle A--Defense Agency Authorizations

SEC. 2401. AUTHORIZED DEFENSE AGENCIES CONSTRUCTION AND LAND 
                          ACQUISITION PROJECTS.

    (a) Inside the United States.--Using amounts appropriated pursuant 
to the authorization of appropriations in section 2404(a)(1), the 
Secretary of Defense may acquire real property and carry out military 
construction projects for the installations or locations inside the 
United States, and in the amounts, set forth in the following tables:

                                           Defense Education Activity
----------------------------------------------------------------------------------------------------------------
                     State                                  Installation or Location                  Amount
----------------------------------------------------------------------------------------------------------------
Georgia.......................................  Fort Benning....................................      $2,330,000
                                                Fort Stewart/Hunter Army Air Field..............     $22,501,000
North Carolina................................  Fort Bragg......................................      $3,439,000
----------------------------------------------------------------------------------------------------------------

[[Page 123 STAT. 2641]]

                                       Defense Information Systems Agency
----------------------------------------------------------------------------------------------------------------
                     State                                  Installation or Location                  Amount
----------------------------------------------------------------------------------------------------------------
Hawaii........................................  Naval Station Pearl Harbor, Ford Island.........      $9,633,000
----------------------------------------------------------------------------------------------------------------

                                            Defense Logistics Agency
----------------------------------------------------------------------------------------------------------------
                     State                                  Installation or Location                  Amount
----------------------------------------------------------------------------------------------------------------
California....................................  El Centro.......................................     $11,000,000
                                                Travis Air Force Base...........................     $15,357,000
Florida.......................................  Jacksonville International Airport (Air National     $11,500,000
                                                 Guard).
Minnesota.....................................  Duluth International Airport (Air National           $15,000,000
                                                 Guard).
Oklahoma......................................  Altus Air Force Base............................      $2,700,000
Texas.........................................  Fort Hood.......................................      $3,000,000
Washington....................................  Fairchild Air Force Base........................      $7,500,000
----------------------------------------------------------------------------------------------------------------

                                             Missile Defense Agency
----------------------------------------------------------------------------------------------------------------
                     State                                  Installation or Location                  Amount
----------------------------------------------------------------------------------------------------------------
Alabama.......................................  Redstone Arsenal................................     $12,000,000
Virginia......................................   Naval Support Facility, Dahlgren...............     $24,500,000
----------------------------------------------------------------------------------------------------------------

                                            National Security Agency
----------------------------------------------------------------------------------------------------------------
                     State                                   Installation or Location                 Amount
----------------------------------------------------------------------------------------------------------------
Maryland.......................................  Fort Meade.....................................    $203,800,000
----------------------------------------------------------------------------------------------------------------

                                           Special Operations Command
----------------------------------------------------------------------------------------------------------------
                     State                                   Installation or Location                 Amount
----------------------------------------------------------------------------------------------------------------
California.....................................  Naval Amphibious Base, Coronado................     $15,722,000
Colorado.......................................  Fort Carson....................................     $48,246,000
Florida........................................  Eglin Air Force Base...........................      $3,046,000
                                                 Hurlburt Field.................................      $8,156,000
Georgia........................................  Fort Benning...................................      $3,046,000
Kentucky.......................................  Fort Campbell..................................     $39,135,000
New Mexico.....................................  Cannon Air Force Base..........................     $58,864,000
North Carolina.................................  Fort Bragg.....................................    $101,488,000
                                                 Marine Corps Base, Camp Lejeune................     $11,791,000
Virginia.......................................  Naval Amphibious Base, Little Creek............     $18,669,000
Washington.....................................  Fort Lewis.....................................     $14,500,000
----------------------------------------------------------------------------------------------------------------

[[Page 123 STAT. 2642]]

                                           TRICARE Management Activity
----------------------------------------------------------------------------------------------------------------
                     State                                   Installation or Location                 Amount
----------------------------------------------------------------------------------------------------------------
Alaska.........................................  Elmendorf Air Force Base.......................     $25,017,000
                                                 Fort Richardson................................      $3,518,000
Colorado.......................................  Fort Carson....................................     $31,900,000
Georgia........................................  Fort Benning...................................     $17,200,000
                                                 Fort Stewart/Hunter Army Field.................     $22,200,000
Kentucky.......................................  Fort Campbell..................................      $8,600,000
Maryland.......................................  Fort Detrick...................................     $29,807,000
Missouri.......................................  Fort Leonard Wood..............................      $5,570,000
North Carolina.................................  Fort Bragg.....................................     $57,658,000
Oklahoma.......................................  Fort Sill......................................     $10,554,000
Texas..........................................  Lackland Air Force Base........................    $101,928,000
                                                 Fort Bliss.....................................    $990,600,000
Washington.....................................  Fort Lewis.....................................     $15,636,000
----------------------------------------------------------------------------------------------------------------

                                        Washington Headquarters Services
----------------------------------------------------------------------------------------------------------------
                     State                                   Installation or Location                 Amount
----------------------------------------------------------------------------------------------------------------
Virginia.......................................  Pentagon Reservation...........................     $27,672,000
----------------------------------------------------------------------------------------------------------------

    (b) Outside the United States.--Using amounts appropriated pursuant 
to the authorization of appropriations in section 2404(a)(2), the 
Secretary of Defense may acquire real property and carry out military 
construction projects for the installations or locations outside the 
United States, and in the amounts, set forth in the following tables:

                                           Defense Education Activity
----------------------------------------------------------------------------------------------------------------
                    Country                                 Installation or Location                  Amount
----------------------------------------------------------------------------------------------------------------
Belgium.......................................  Brussels........................................     $38,124,000
Germany.......................................  Boeblingen......................................     $50,000,000
                                                Kaiserslautern..................................     $93,545,000
                                                Wiesbaden Air Base..............................      $5,379,000
United Kingdom................................  Royal Air Force Lakenheath......................      $4,509,000
----------------------------------------------------------------------------------------------------------------

                                           Defense Intelligence Agency
----------------------------------------------------------------------------------------------------------------
                    Country                                 Installation or Location                  Amount
----------------------------------------------------------------------------------------------------------------
Korea.........................................  K-16 Airfield...................................      $5,050,000
----------------------------------------------------------------------------------------------------------------

                                            Defense Logistics Agency
----------------------------------------------------------------------------------------------------------------
                    Country                                  Installation or Location                 Amount
----------------------------------------------------------------------------------------------------------------
Cuba...........................................  Naval Air Station, Guantanamo Bay..............     $12,500,000
Greece.........................................  Souda Bay......................................     $24,000,000
Guam...........................................  Naval Air Station, Agana.......................      $4,900,000

[[Page 123 STAT. 2643]]

 
Korea..........................................  Osan Air Base..................................     $28,000,000
United Kingdom.................................  Royal Air Force Mildenhall.....................      $4,700,000
----------------------------------------------------------------------------------------------------------------

                                            National Security Agency
----------------------------------------------------------------------------------------------------------------
                    Country                                  Installation or Location                 Amount
----------------------------------------------------------------------------------------------------------------
United Kingdom.................................  Royal Air Force Menwith Hill Station...........     $37,588,000
----------------------------------------------------------------------------------------------------------------

                                       North Atlantic Treaty Organization
----------------------------------------------------------------------------------------------------------------
                     State                                   Installation or Location                 Amount
----------------------------------------------------------------------------------------------------------------
Belgium........................................  NATO Headquarters..............................     $41,400,000
----------------------------------------------------------------------------------------------------------------

                                           TRICARE Management Activity
----------------------------------------------------------------------------------------------------------------
                    Country                                  Installation or Location                 Amount
----------------------------------------------------------------------------------------------------------------
Guam...........................................  Naval Activities, Guam.........................    $446,450,000
United Kingdom.................................  Royal Air Force Alconbury......................     $14,227,000
----------------------------------------------------------------------------------------------------------------

SEC. 2402. FAMILY HOUSING.

    Using amounts appropriated pursuant to the authorization of 
appropriations in section 2404(a)(7), the Secretary of Defense may 
construct or acquire family housing units (including land acquisition 
and supporting facilities) at the installation, in the number of units, 
and in the amount set forth in the following table:

                                    Defense Logistics Agency: Family Housing
----------------------------------------------------------------------------------------------------------------
                 State                             Location                       Units               Amount
----------------------------------------------------------------------------------------------------------------
Pennsylvania..........................  Cumberland Depot..............  6.......................      $2,859,000
----------------------------------------------------------------------------------------------------------------

SEC. 2403. ENERGY CONSERVATION PROJECTS.

    Using amounts appropriated pursuant to the authorization of 
appropriations in section 2404(a)(6), the Secretary of Defense may carry 
out energy conservation projects under chapter 173 of title 10, United 
States Code, in the amount of $123,013,000.
SEC. 2404. AUTHORIZATION OF APPROPRIATIONS, DEFENSE AGENCIES.

    (a) In General.--Funds are hereby authorized to be appropriated for 
fiscal years beginning after September 30, 2009, for military 
construction, land acquisition, and military family housing functions of 
the Department of Defense (other than the military departments) in the 
total amount of $3,177,496,000, as follows:

[[Page 123 STAT. 2644]]

            (1) For military construction projects inside the United 
        States authorized by section 2401(a), $1,048,783,000.
            (2) For military construction projects outside the United 
        States authorized by section 2401(b), $188,762,000.
            (3) For unspecified minor military construction projects 
        under section 2805 of title 10, United States Code, $33,025,000.
            (4) For contingency construction projects of the Secretary 
        of Defense under section 2804 of title 10, United States Code, 
        $10,000,000.
            (5) For architectural and engineering services and 
        construction design under section 2807 of title 10, United 
        States Code, $121,442,000.
            (6) For energy conservation projects under chapter 173 of 
        title 10, United States Code, $123,013,000.
            (7) For military family housing functions:
                    (A) For support of military family housing 
                (including functions described in section 2833 of title 
                10, United States Code), $49,214,000.
                    (B) For construction and acquisition of military 
                family housing and facilities, $2,859,000.
                    (C) For credits to the Department of Defense Family 
                Housing Improvement Fund under section 2883 of title 10, 
                United States Code, and the Homeowners Assistance Fund 
                established under section 1013 of the Demonstration 
                Cities and Metropolitan Development Act of 1966 (42 
                U.S.C. 3374), $302,600,000.
            (8) For the construction of increment 4 of the Army Medical 
        Research Institute of Infectious Diseases Stage 1 at Fort 
        Detrick, Maryland, authorized by section 2401(a) of the Military 
        Construction Authorization Act of Fiscal Year 2007 (division B 
        of Public Law 109-364; 120 Stat. 2457), $108,000,000.
            (9) For the construction of increment 2 of replacement fuel 
        storage facilities at Point Loma Annex, California, authorized 
        by section 2401(a) of the Military Construction Authorization 
        Act of Fiscal Year 2008 (division B of Public Law 110-181; 122 
        Stat. 521), as amended by section 2406 of this Act, $92,300,000.
            (10) For the construction of increment 3 of a special 
        operations facility at Dam Neck, Virginia, authorized by section 
        2401(a) of the Military Construction Authorization Act of Fiscal 
        Year 2008 (division B of Public Law 110-181; 122 Stat. 521), 
        $15,967,000.
            (11) For the construction of increment 2 of the United 
        States Army Medical Research Institute of Chemical Defense 
        replacement facility at Aberdeen Proving Ground, Maryland, 
        authorized by section 2401(a) of the Military Construction 
        Authorization Act of Fiscal Year 2009 (division B of Public Law 
        110-417 122 Stat. 4689), $111,400,000.
            (12) For the construction of fuel storage tanks and pipeline 
        replacement at Souda Bay, Greece, authorized by section 2401(b) 
        of the Military Construction Authorization Act of Fiscal Year 
        2009 (division B of Public Law 110-417; 122 Stat. 4691), as 
        amended by section 2405 of this Act, $24,000,000.
            (13) For the construction of increment 2 of a National 
        Security Agency data center at Camp Williams, Utah, authorized 
        as a Military Construction, Defense-Wide project by the

[[Page 123 STAT. 2645]]

        Supplemental Appropriations Act, 2009 (Public Law 111-32; 123 
        Stat. 1888), $600,000,000.
            (14) For the construction of the first increment of a 
        hospital at Fort Bliss, Texas, authorized by section 2401(a), 
        $86,975,000.
            (15) For the construction of the first increment of a 
        hospital at Naval Activities, Guam, authorized by section 
        2401(b), $259,156,000.

    (b) Limitation on Total Cost of Construction Projects.--
Notwithstanding the cost variations authorized by section 2853 of title 
10, United States Code, and any other cost variation authorized by law, 
the total cost of all projects carried out under section 2401 of this 
Act may not exceed the sum of the following:
            (1) The total amount authorized to be appropriated under 
        paragraphs (1) and (2) of subsection (a).
            (2) $187,294,000 (the balance of the amount authorized by 
        section 2401(b) for the hospital replacement, Guam).
            (3) $820,000,000 (the balance of the amount authorized in 
        the Supplemental Appropriations Act, 2009 (Public Law 111-32) 
        for the Utah Data Center, Camp Williams, Utah).
            (4) $879,025,000 (the balance of the amount authorized by 
        section 2401(a) for the hospital replacement phase I, Fort 
        Bliss, Texas).
            (5) $290,000,000 (the balance of the amount authorized by 
        section 2401(a) of the Military Construction Authorization Act 
        for Fiscal Year 2009 (division B of Public Law 110-417; 122 
        Stat. 4689) for the USAMRIID replacement facility at Aberdeen 
        Proving Ground, Maryland).
            (6) $47,000,000 (the balance of the amount authorized by 
        section 2401(a) of the Military Construction Authorization Act 
        for Fiscal Year 2008 (division B of Public Law 110-181; 122 
        Stat. 521), as modified by section 2406(a) of this Act, for the 
        replacement of fuel storage facilities at Point Loma Annex, 
        California).

    (c) Availability of Funds for Energy Conservation Projects of 
Reserve Components.--Of the amount authorized to be appropriated by 
subsection (a)(6) for energy conservation projects under chapter 173 of 
title 10, United States Code, the Secretary of Defense shall reserve a 
portion of the amount for energy conservation projects for the reserve 
components in an amount that is not less than an amount that bears the 
same proportion to the total amount authorized to be appropriated as the 
total quantity of energy consumed by reserve facilities (as defined in 
section 18232(2) of such title) during fiscal year 2009 bears to the 
total quantity of energy consumed by all military installations (as 
defined in section 2687(e)(1) of such title) during that fiscal year, as 
determined by the Secretary.
SEC. 2405. TERMINATION OR MODIFICATION OF AUTHORITY TO CARRY OUT 
                          CERTAIN FISCAL YEAR 2009 PROJECTS.

    (a) Termination.--Section 2401(b) of the Military Construction 
Authorization Act for Fiscal Year 2009 (division B of Public Law 110-
417; <<NOTE: 122 Stat. 4691.>> 122 Stat. 4690) is amended by striking 
the table relating to the Missile Defense Command.

    (b) Modification.--The table relating to the Defense Logistics 
Agency in such section is amended in the item relating to Souda Bay, 
Greece, by striking ``$8,000,000'' in the amount column and inserting 
``$32,000,000''.

[[Page 123 STAT. 2646]]

    (c) Conforming Amendments.--Section 2403 of that Act (122 Stat. 
4692) is amended--
            (1) in subsection (a)--
                    (A) in the matter preceding paragraph (1), by 
                striking ``$1,639,050,000'' and inserting 
                ``$1,487,890,000'';
                    (B) in paragraph (2), by striking ``$246,360,000'' 
                and inserting ``$87,200,000''; and
                    (C) by adding at the end the following new 
                paragraph:
            ``(11) For construction of the first increment of fuel 
        storage tanks and pipeline replacement at Souda Bay, Greece, 
        $8,000,000.''; and
            (2) in subsection (b), by striking paragraphs (3) and (4) 
        and inserting the following new paragraph:
            ``(3) $24,000,000 (the balance of the amount authorized for 
        the Defense Logistics Agency under section 2401(b) for fuel 
        storage tanks and pipeline replacement at Souda Bay, Greece).''.
SEC. 2406. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL 
                          YEAR 2008 PROJECT.

    (a) Modification.--The table relating to the Defense Logistics 
Agency in section 2401 (a) of the Military Construction Authorization 
Act for Fiscal Year 2008 (division B of Public Law 110-181; 122 Stat. 
521) is amended in the item relating to Point Loma Annex, California, by 
striking ``$140,000,000'' in the amount column and inserting 
``$195,000,000''.
    (b) Conforming Amendment.--Section 2403(b)(2) of that Act (122 Stat. 
524) is amended by striking ``$84,300,000'' and inserting 
``$139,300,000''.
SEC. 2407. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR 2007 
                          PROJECT.

    (a) <<NOTE: Termination date.>> Extension.--Notwithstanding section 
2701 of the Military Construction Authorization Act for Fiscal Year 2007 
(division B of Public Law 109-364; 120 Stat. 2463), authorizations set 
forth in the table in subsection (b), as provided in section 2402 of 
that Act, shall remain in effect until October 1, 2010, or the date of 
the enactment of an Act authorizing funds for military construction for 
fiscal year 2011, whichever is later.

    (b) Table.--The table referred to in subsection (a) is as follows:

                                    Defense Logistics Agency: Family Housing
----------------------------------------------------------------------------------------------------------------
                 State                             Location                       Units               Amount
----------------------------------------------------------------------------------------------------------------
Virginia..............................  Defense Supply Center,          Whole House Renovation..        $484,000
                                         Richmond.
----------------------------------------------------------------------------------------------------------------

[[Page 123 STAT. 2647]]

          Subtitle B--Chemical Demilitarization Authorizations

SEC. 2411. AUTHORIZATION OF APPROPRIATIONS, CHEMICAL 
                          DEMILITARIZATION CONSTRUCTION, DEFENSE-
                          WIDE.

    Funds are hereby authorized to be appropriated for fiscal years 
beginning after September 30, 2009, for military construction and land 
acquisition for chemical demilitarization in the total amount of 
$151,541,000 as follows:
            (1) For the construction of phase 11 of a chemical munitions 
        demilitarization facility at Pueblo Chemical Activity, Colorado, 
        authorized by section 2401(a) of the Military Construction 
        Authorization Act for Fiscal Year 1997 (division B of Public Law 
        104-201; 110 Stat. 2775), as amended by section 2406 of the 
        Military Construction Authorization Act for Fiscal Year 2000 
        (division B of Public Law 106-65; 113 Stat. 839), section 2407 
        of the Military Construction Authorization Act for Fiscal Year 
        2003 (division B of Public Law 107-314; 116 Stat. 2698), and 
        section 2413 of the Military Construction Authorization Act for 
        Fiscal Year 2009 (division B of Public Law 110-417; 122 Stat. 
        4697), $92,500,000.
            (2) For the construction of phase 10 of a munitions 
        demilitarization facility at Blue Grass Army Depot, Kentucky, 
        authorized by section 2401(a) of the Military Construction 
        Authorization Act for Fiscal Year 2000 (division B of Public Law 
        106-65; 113 Stat. 835), as amended by section 2405 of the 
        Military Construction Authorization Act for Fiscal Year 2002 
        (division B of Public Law 107-107; 115 Stat. 1298), section 2405 
        of the Military Construction Authorization Act for Fiscal Year 
        2003 (division B of Public Law 107-314; 116 Stat. 2698), and 
        section 2414 of the Military Construction Authorization Act for 
        Fiscal Year 2009 (division B of Public Law 110-417; 122 Stat. 
        4697), $59,041,000.

   TITLE XXV--NORTH ATLANTIC TREATY ORGANIZATION SECURITY INVESTMENT 
                                 PROGRAM

Sec. 2501. Authorized NATO construction and land acquisition projects.
Sec. 2502. Authorization of appropriations, NATO.

SEC. 2501. AUTHORIZED NATO CONSTRUCTION AND LAND ACQUISITION 
                          PROJECTS.

    The Secretary of Defense may make contributions for the North 
Atlantic Treaty Organization Security Investment Program as provided in 
section 2806 of title 10, United States Code, in an amount not to exceed 
the sum of the amount authorized to be appropriated for this purpose in 
section 2502 and the amount collected from the North Atlantic Treaty 
Organization as a result of construction previously financed by the 
United States.
SEC. 2502. AUTHORIZATION OF APPROPRIATIONS, NATO.

    Funds are hereby authorized to be appropriated for fiscal years 
beginning after September 30, 2009, for contributions by the Secretary 
of Defense under section 2806 of title 10, United States

[[Page 123 STAT. 2648]]

Code, for the share of the United States of the cost of projects for the 
North Atlantic Treaty Organization Security Investment Program 
authorized by section 2501, in the amount of $197,414,000.

             TITLE XXVI--GUARD AND RESERVE FORCES FACILITIES

Sec. 2601. Authorized Army National Guard construction and land 
           acquisition projects.
Sec. 2602. Authorized Army Reserve construction and land acquisition 
           projects.
Sec. 2603. Authorized Navy Reserve and Marine Corps Reserve construction 
           and land acquisition projects.
Sec. 2604. Authorized Air National Guard construction and land 
           acquisition projects.
Sec. 2605. Authorized Air Force Reserve construction and land 
           acquisition projects.
Sec. 2606. Authorization of appropriations, National Guard and Reserve.
Sec. 2607. Extension of authorizations of certain fiscal year 2007 
           projects.
Sec. 2608. Extension of authorizations of certain fiscal year 2006 
           project.

SEC. 2601. AUTHORIZED ARMY NATIONAL GUARD CONSTRUCTION AND LAND 
                          ACQUISITION PROJECTS.

    (a) Inside the United States.--Using amounts appropriated pursuant 
to the authorization of appropriations in section 2606(a)(1), the 
Secretary of the Army may acquire real property and carry out military 
construction projects for the Army National Guard locations inside the 
United States, and in the amounts, set forth in the following table:

                                  Army National Guard: Inside the United States
----------------------------------------------------------------------------------------------------------------
                     State                                            Location                         Amount
----------------------------------------------------------------------------------------------------------------
Alabama........................................  Fort McClellan...................................    $3,000,000
Arizona........................................  Camp Navajo......................................    $3,000,000
California.....................................  Los Alamitos Joint Forces Training Base..........   $31,000,000
Georgia........................................  Fort Benning.....................................   $15,500,000
                                                 Hunter Army Air Field............................    $8,967,000
Idaho..........................................  Gowen Field......................................   $16,100,000
Illinois.......................................  Milan............................................    $5,600,000
Indiana........................................  Muscatatuck Urban Training Center................   $10,100,000
Iowa...........................................  Camp Dodge.......................................    $4,000,000
Kansas.........................................  Salina Army National Guard Aviation Facility.....    $2,227,000
Massachusetts..................................  Hanscom Air Force Base...........................   $29,000,000
Michigan.......................................  Fort Custer......................................    $7,732,000
Minnesota......................................  Arden Hills Army Training Site...................    $6,700,000
                                                 Camp Ripley......................................    $1,710,000
Mississippi....................................  Camp Shelby......................................   $16,100,000
                                                 Monticello.......................................   $14,350,000
Missouri.......................................  Boonville........................................    $1,800,000
Nebraska.......................................  Lincoln Municipal Airport........................   $23,000,000
Nevada.........................................  Carson City......................................    $2,000,000
                                                 North Las Vegas..................................   $26,000,000
New Mexico.....................................  Santa Fe.........................................   $39,000,000
North Carolina.................................  East Flat Rock...................................    $2,516,000
                                                 Fort Bragg.......................................    $6,038,000
Oregon.........................................  Clatsop County...................................    $3,369,000
                                                 Polk County......................................   $12,100,000
South Carolina.................................  Eastover.........................................   $26,000,000
                                                 Greenville.......................................   $40,000,000
South Dakota...................................  Camp Rapid.......................................    $9,840,000
Texas..........................................  Austin...........................................   $22,200,000
Vermont........................................  Ethan Allen Firing Range.........................    $1,996,000
Virginia.......................................  Fort Pickett.....................................   $32,000,000
West Virginia..................................  St. Albans Armory................................    $2,000,000
----------------------------------------------------------------------------------------------------------------

[[Page 123 STAT. 2649]]

    (b) Outside the United States.--Using amounts appropriated pursuant 
to the authorization of appropriations in section 2606(a)(1), the 
Secretary of the Army may acquire real property and carry out military 
construction projects for the Army National Guard locations outside the 
United States, and in the amounts, set forth in the following table:

                                 Army National Guard: Outside the United States
----------------------------------------------------------------------------------------------------------------
                    Country                                           Location                         Amount
----------------------------------------------------------------------------------------------------------------
Guam...........................................  Barrigada........................................   $30,000,000
Virgin Islands.................................  St. Croix........................................   $20,000,000
----------------------------------------------------------------------------------------------------------------

    (c) Unspecified Worldwide.--Using the amounts appropriated pursuant 
to the authorization of appropriations in section 2606(a)(1), the 
Secretary of the Army may acquire real property and carry out military 
construction projects for unspecified installations or locations in the 
amounts set forth in the following table:

                                               Army National Guard
----------------------------------------------------------------------------------------------------------------
                    Location                                  Location or Installation                 Amount
----------------------------------------------------------------------------------------------------------------
Worldwide Unspecified..........................  Unspecified Worldwide Locations..................   $30,000,000
----------------------------------------------------------------------------------------------------------------

SEC. 2602. AUTHORIZED ARMY RESERVE CONSTRUCTION AND LAND 
                          ACQUISITION PROJECTS.

    (a) Inside the United States.--Using amounts appropriated pursuant 
to the authorization of appropriations in section 2606(a)(2), the 
Secretary of the Army may acquire real property and carry out military 
construction projects for the Army Reserve locations inside the United 
States, and in the amounts, set forth in the following table:

                                     Army Reserve: Inside the United States
----------------------------------------------------------------------------------------------------------------
                     State                                           Location                         Amount
----------------------------------------------------------------------------------------------------------------
California.....................................  Camp Pendleton.................................     $19,500,000
                                                 Los Angeles....................................     $29,000,000
Colorado                                         Colorado Springs...............................     $13,000,000
Connecticut....................................  Bridgeport.....................................     $18,500,000
Florida........................................  Panama City....................................      $7,300,000
                                                 West Palm Beach................................     $26,000,000
Georgia........................................  Atlanta........................................     $14,000,000
Illinois.......................................  Chicago........................................     $23,000,000
Minnesota......................................  Fort Snelling..................................     $12,000,000
New York.......................................  Rochester......................................     $13,600,000
Ohio...........................................  Cincinnati.....................................     $13,000,000
Pennsylvania...................................  Ashley.........................................      $9,800,000
                                                 Harrisburg.....................................      $7,600,000
                                                 Newton Square..................................     $20,000,000
                                                 Uniontown......................................     $11,800,000
Texas..........................................  Austin.........................................     $20,000,000
                                                 Bryan..........................................     $12,200,000
                                                 Fort Bliss.....................................      $9,500,000
                                                 Houston........................................     $24,000,000
                                                 Robstown.......................................     $10,200,000
                                                 San Antonio....................................     $20,000,000

[[Page 123 STAT. 2650]]

 
Wisconsin......................................  Fort McCoy.....................................     $28,550,000
----------------------------------------------------------------------------------------------------------------

    (b) Outside the United States.--Using amounts appropriated pursuant 
to the authorization of appropriations in section 2606(a)(2), the 
Secretary of the Army may acquire real property and carry out military 
construction projects for the Army Reserve location outside the United 
States, and in the amount, set forth in the following table:

                                     Army Reserve: Outside the United States
----------------------------------------------------------------------------------------------------------------
                    Country                                          Location                         Amount
----------------------------------------------------------------------------------------------------------------
Puerto Rico....................................  Caguas.........................................     $12,400,000
----------------------------------------------------------------------------------------------------------------

    (c) Unspecified Worldwide.--Using the amounts appropriated pursuant 
to the authorization of appropriations in section 2606(a)(2), the 
Secretary of the Army may acquire real property and carry out military 
construction projects for unspecified installations or locations in the 
amounts set forth in the following table:

                                                  Army Reserve
----------------------------------------------------------------------------------------------------------------
                    Location                                  Location or Installation                 Amount
----------------------------------------------------------------------------------------------------------------
Worldwide Unspecified..........................  Unspecified Worldwide Locations..................   $30,000,000
----------------------------------------------------------------------------------------------------------------

SEC. 2603. AUTHORIZED NAVY RESERVE AND MARINE CORPS RESERVE 
                          CONSTRUCTION AND LAND ACQUISITION 
                          PROJECTS.

    (a) Inside the United States.--Using amounts appropriated pursuant 
to the authorization of appropriations in section 2606(a)(3), the 
Secretary of the Navy may acquire real property and carry out military 
construction projects for the Navy Reserve and Marine Corps Reserve 
locations, and in the amounts, set forth in the following table:

                                      Navy Reserve and Marine Corps Reserve
----------------------------------------------------------------------------------------------------------------
                     State                                            Location                         Amount
----------------------------------------------------------------------------------------------------------------
Arizona........................................  Luke Air Force Base..............................   $10,986,000
California.....................................  Alameda..........................................    $5,960,000
Illinois.......................................  Joliet Army Ammunition Plant.....................    $7,957,000
South Carolina.................................  Goose Creek......................................    $4,240,000
Texas..........................................  San Antonio......................................    $2,210,000
                                                 Fort Worth Naval Air Station Joint Reserve Base..    $6,170,000
Virginia.......................................  Oceana Naval Air Station.........................   $30,400,000
----------------------------------------------------------------------------------------------------------------

    (b) Unspecified Worldwide.--Using the amounts appropriated pursuant 
to the authorization of appropriations in section 2606(a)(3), the 
Secretary of the Navy may acquire real property and carry out military 
construction projects for unspecified installations or locations in the 
amounts set forth in the following table:

[[Page 123 STAT. 2651]]

                                      Navy Reserve and Marine Corps Reserve
----------------------------------------------------------------------------------------------------------------
                    Location                                  Location or Installation                 Amount
----------------------------------------------------------------------------------------------------------------
Worldwide Unspecified..........................  Unspecified Worldwide Locations..................   $55,000,000
----------------------------------------------------------------------------------------------------------------

SEC. 2604. AUTHORIZED AIR NATIONAL GUARD CONSTRUCTION AND LAND 
                          ACQUISITION PROJECTS.

    (a) Inside the United States.--Using amounts appropriated pursuant 
to the authorization of appropriations in section 2606(a)(4), the 
Secretary of the Air Force may acquire real property and carry out 
military construction projects for the Air National Guard locations, and 
in the amounts, set forth in the following table:

                                               Air National Guard
----------------------------------------------------------------------------------------------------------------
                     State                                            Location                         Amount
----------------------------------------------------------------------------------------------------------------
Arizona........................................  Davis-Monthan Air Force Base.....................    $5,600,000
California.....................................  Fresno Yosemite International Airport............    $9,800,000
                                                 South California Logistics Airport...............    $8,400,000
Colorado.......................................  Buckley Air National Guard Base..................    $4,500,000
Connecticut....................................  Bradley International Airport....................    $9,000,000
Hawaii.........................................  Hickam Air Force Base............................   $33,000,000
Illinois.......................................  Lincoln Capital Airport..........................    $3,000,000
Iowa...........................................  Des Moines.......................................    $4,600,000
Kansas.........................................  McConnell Air Force Base.........................    $8,700,000
Maine..........................................  Bangor International Airport.....................   $28,000,000
Maryland.......................................  Andrews Air Force Base...........................   $14,000,000
Massachusetts..................................  Barnes Air National Guard Base...................    $8,100,000
                                                 Otis Air National Guard Base.....................   $12,800,000
Michigan.......................................  Alpena Combat Readiness Training Center..........    $8,900,000
                                                 Battle Creek Air National Guard Base.............   $14,000,000
                                                 Selfridge Air National Guard Base................    $7,100,000
Minnesota......................................  Minnesota/St. Paul International Airport 133rd       $1,900,000
                                                  Airlift Wing Base.
Mississippi....................................  Gulfport-Biloxi Regional Airport.................    $6,500,000
Missouri.......................................  Rosecrans Memorial Airport.......................    $9,300,000
Nebraska.......................................  Lincoln Municipal Airport........................    $1,500,000
Nevada.........................................  Reno.............................................   $10,800,000
New Hampshire..................................  Pease Air National Guard Base....................   $10,000,000
New Jersey.....................................  McGuire Air Force Base...........................    $9,700,000
New York.......................................  Wheeler Sack Army Airfield.......................    $2,700,000
Ohio...........................................  Mansfield Lahm Airport...........................   $11,400,000
Oklahoma.......................................  Will Rogers World Airport........................    $7,300,000
South Carolina.................................  McEntire Joint Air National Guard Base...........    $1,300,000
South Dakota...................................  Joe Foss Field...................................    $2,600,000
Tennessee......................................  Memphis, 164th Airlift Wing......................    $9,800,000
Texas..........................................  Kelly Field Annex................................    $7,900,000
Vermont........................................  Burlington International Airport.................    $6,000,000
West Virginia..................................  Martinsburg......................................   $19,500,000
Wisconsin......................................  General Mitchell International Airport...........    $5,000,000
Wyoming........................................  Cheyenne Airport.................................    $1,500,000
----------------------------------------------------------------------------------------------------------------

    (b) Unspecified Worldwide.--Using the amounts appropriated pursuant 
to the authorization of appropriations in section 2606(a)(4), the 
Secretary of the Air Force may acquire real property and carry out 
military construction projects for unspecified installations or 
locations in the amounts set forth in the following table:

[[Page 123 STAT. 2652]]

                                               Air National Guard
----------------------------------------------------------------------------------------------------------------
                    Location                                  Location or Installation                 Amount
----------------------------------------------------------------------------------------------------------------
Worldwide Unspecified..........................  Unspecified Worldwide Locations..................   $30,000,000
----------------------------------------------------------------------------------------------------------------

SEC. 2605. AUTHORIZED AIR FORCE RESERVE CONSTRUCTION AND LAND 
                          ACQUISITION PROJECTS.

    (a) Inside the United States.--Using amounts appropriated pursuant 
to the authorization of appropriations in section 2606(a)(5), the 
Secretary of the Air Force may acquire real property and carry out 
military construction projects for the Air Force Reserve locations, and 
in the amounts, set forth in the following table:

                                                Air Force Reserve
----------------------------------------------------------------------------------------------------------------
                     State                                            Location                         Amount
----------------------------------------------------------------------------------------------------------------
California.....................................  March Air Reserve Base...........................    $9,800,000
Colorado.......................................  Schriever Air Force Base.........................   $10,200,000
Mississippi....................................  Keesler Air Force Base...........................    $9,800,000
New York.......................................  Niagara Falls Air Reserve Station................    $5,700,000
Pennsylvania...................................  Pittsburgh Air Force Base........................   $12,400,000
Texas..........................................  Lackland Air Force Base..........................    $1,500,000
Utah...........................................  Hill Air Force Base..............................    $3,200,000
----------------------------------------------------------------------------------------------------------------

    (b) Unspecified Worldwide.--Using the amounts appropriated pursuant 
to the authorization of appropriations in section 2606(a)(5), the 
Secretary of the Air Force may acquire real property and carry out 
military construction projects for unspecified installations or 
locations in the amounts set forth in the following table:

                                                Air Force Reserve
----------------------------------------------------------------------------------------------------------------
                    Location                                  Location or Installation                 Amount
----------------------------------------------------------------------------------------------------------------
Worldwide Unspecified..........................  Unspecified Worldwide Locations..................   $55,000,000
----------------------------------------------------------------------------------------------------------------

SEC. 2606. AUTHORIZATION OF APPROPRIATIONS, NATIONAL GUARD AND 
                          RESERVE.

    (a) In General.--Funds are hereby authorized to be appropriated for 
fiscal years beginning after September 30, 2009, for the costs of 
acquisition, architectural and engineering services, and construction of 
facilities for the Guard and Reserve Forces, and for contributions 
therefor, under chapter 1803 of title 10, United States Code (including 
the cost of acquisition of land for those facilities), in the following 
amounts:
            (1) For the Department of the Army, for the Army National 
        Guard of the United States, $582,056,000.
            (2) For the Department of the Army, for the Army Reserve, 
        $431,566,000.
            (3) For the Department of the Navy, for the Navy and Marine 
        Corps Reserve, $125,874,000.
            (4) For the Department of the Air Force, for the Air 
        National Guard of the United States, $364,226,000.
            (5) For the Department of the Air Force, for the Air Force 
        Reserve, $112,269,000.

[[Page 123 STAT. 2653]]

    (b) Limitation on Implementation of Projects at Certain Unspecified 
Worldwide Locations.-- <<NOTE: Reports.>> The Secretary of the military 
department concerned may not enter into an award of a project at an 
unspecified worldwide location authorized under section 2601(c), 
2602(c), 2603(b), 2604(b), or 2605(b) until the Secretary submits to the 
congressional defense committees a report that includes the following:
            (1) Within the amounts authorized to be appropriated under 
        the applicable paragraph of subsection (a), a list of the 
        proposed projects.
            (2) A Military Construction Data Sheet for each project.
            (3) A certification that the projects can be awarded in the 
        year for which the appropriation of funds is made.
            (4) A certification that the projects are listed in the 
        current Future Years Defense Program for the reserve component 
        involved.
SEC. 2607. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR 2007 
                          PROJECTS.

    (a) <<NOTE: Termination date.>> Extension.--Notwithstanding section 
2701 of the Military Construction Authorization Act for Fiscal Year 2007 
(division B of Public Law 109-364; 120 Stat. 2463), the authorizations 
set forth in the table in subsection (b), as provided in section 2601 of 
that Act, shall remain in effect until October 1, 2010, or the date of 
the enactment of an Act authorizing funds for military construction for 
fiscal year 2011, whichever is later.

    (b) Table.--The table referred to in subsection (a) is as follows:

                          Army National Guard: Extension of 2007 Project Authorizations
----------------------------------------------------------------------------------------------------------------
                  State                    Installation or Location             Project               Amount
----------------------------------------------------------------------------------------------------------------
California..............................  Fresno....................  AVCRAD Add/Alt, PH I......     $30,000,000
New Jersey..............................  Lakehurst.................  Consolidated Logistics         $20,024,000
                                                                       Training Facility, PH II.
----------------------------------------------------------------------------------------------------------------

SEC. 2608. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR 2006 
                          PROJECT.

    (a) <<NOTE: Termination date.>> Extension.--Notwithstanding section 
2701 of the Military Construction Authorization Act for Fiscal Year 2006 
(division B of Public Law 109-163; 119 Stat. 3501), the authorization 
set forth in the table in subsection (b), as provided in section 2601 of 
that Act (119 Stat. 3501) and extended by section 2608 of the Military 
Construction Authorization Act for Fiscal Year 2009 (division B of 
Public Law 110-417; 122 Stat. 4710), shall remain in effect until 
October 1, 2010, or the date of the enactment of an Act authorizing 
funds for military construction for fiscal year 2011, whichever is 
later.

    (b) Table.--The table referred to in subsection (a) is as follows:

[[Page 123 STAT. 2654]]

                          Army National Guard: Extension of 2006 Project Authorization
----------------------------------------------------------------------------------------------------------------
                  State                    Installation or Location             Project               Amount
----------------------------------------------------------------------------------------------------------------
Montana.................................  Townsend..................  Automated Qualification         $2,532,000
                                                                       Training Range.
----------------------------------------------------------------------------------------------------------------

          TITLE XXVII--BASE CLOSURE AND REALIGNMENT ACTIVITIES

                       Subtitle A--Authorizations

Sec. 2701. Authorization of appropriations for base closure and 
           realignment activities funded through Department of Defense 
           Base Closure Account 1990.
Sec. 2702. Authorized base closure and realignment activities funded 
           through Department of Defense Base Closure Account 2005.
Sec. 2703. Authorization of appropriations for base closure and 
           realignment activities funded through Department of Defense 
           Base Closure Account 2005.

                        Subtitle B--Other Matters

Sec. 2711. Relocation of certain Army Reserve units in Connecticut.
Sec. 2712. Authority to construct Armed Forces Reserve Center in 
           vicinity of Pease Air National Guard Base, New Hampshire.
Sec. 2713. Sense of Congress on ensuring joint basing recommendations do 
           not adversely affect operational readiness.
Sec. 2714. Requirements related to providing world class military 
           medical facilities in the National Capital Region.
Sec. 2715. Use of economic development conveyances to implement base 
           closure and realignment property recommendations.

                       Subtitle A--Authorizations

SEC. 2701. AUTHORIZATION OF APPROPRIATIONS FOR BASE CLOSURE AND 
                          REALIGNMENT ACTIVITIES FUNDED THROUGH 
                          DEPARTMENT OF DEFENSE BASE CLOSURE 
                          ACCOUNT 1990.

    Funds are hereby authorized to be appropriated for fiscal years 
beginning after September 30, 2009, for base closure and realignment 
activities, including real property acquisition and military 
construction projects, as authorized by the Defense Base Closure and 
Realignment Act of 1990 (part A of title XXIX of Public Law 101-510; 10 
U.S.C. 2687 note) and funded through the Department of Defense Base 
Closure Account 1990 established by section 2906 of such Act, in the 
total amount of $496,768,000, as follows:
            (1) For the Department of the Army, $138,723,000.
            (2) For the Department of the Navy, $228,000,000.
            (3) For the Department of the Air Force, $127,364,000.
            (4) For the Defense Agencies, $2,681,000.
SEC. 2702. AUTHORIZED BASE CLOSURE AND REALIGNMENT ACTIVITIES 
                          FUNDED THROUGH DEPARTMENT OF DEFENSE 
                          BASE CLOSURE ACCOUNT 2005.

    Using amounts appropriated pursuant to the authorization of 
appropriations in section 2703, the Secretary of Defense may carry

[[Page 123 STAT. 2655]]

out base closure and realignment activities, including real property 
acquisition and military construction projects, as authorized by the 
Defense Base Closure and Realignment Act of 1990 (part A of title XXIX 
of Public Law 101-510; 10 U.S.C. 2687 note) and funded through the 
Department of Defense Base Closure Account 2005 established by section 
2906A of such Act, in the amount of $5,934,740,000.
SEC. 2703. AUTHORIZATION OF APPROPRIATIONS FOR BASE CLOSURE AND 
                          REALIGNMENT ACTIVITIES FUNDED THROUGH 
                          DEPARTMENT OF DEFENSE BASE CLOSURE 
                          ACCOUNT 2005.

    Funds are hereby authorized to be appropriated for fiscal years 
beginning after September 30, 2009, for base closure and realignment 
activities, including real property acquisition and military 
construction projects, as authorized by the Defense Base Closure and 
Realignment Act of 1990 (part A of title XXIX of Public Law 101-510; 10 
U.S.C. 2687 note) and funded through the Department of Defense Base 
Closure Account 2005 established by section 2906A of such Act, in the 
total amount of $7,455,498,000, as follows:
            (1) For the Department of the Army, $4,057,037,000.
            (2) For the Department of the Navy, $591,572,000.
            (3) For the Department of the Air Force, $418,260,000.
            (4) For the Defense Agencies, $2,388,629,000.

                        Subtitle B--Other Matters

SEC. 2711. RELOCATION OF CERTAIN ARMY RESERVE UNITS IN 
                          CONNECTICUT.

    The Secretary of the Army may use funds appropriated pursuant to the 
authorization of appropriations in section 2703 for the purpose of 
constructing an Army Reserve Center and Maintenance Facility in the 
vicinity of Newtown, Connecticut, at a location determined by the 
Secretary to be in the best interest of national security and in the 
public interest.
SEC. 2712. AUTHORITY TO CONSTRUCT ARMED FORCES RESERVE CENTER IN 
                          VICINITY OF PEASE AIR NATIONAL GUARD 
                          BASE, NEW HAMPSHIRE.

    The Secretary of the Army may use funds appropriated pursuant to the 
authorization of appropriations in section 2703 of the Military 
Construction Authorization Act for Fiscal Year 2009 (division B of 
Public Law 110-417; 122 Stat. 4715) for the purpose of constructing an 
Armed Forces Reserve Center at Pease Air National Guard Base, New 
Hampshire, to construct instead an Armed Forces Reserve Center in the 
vicinity of Pease Air National Guard Base at a location determined by 
the Secretary to be in the best interest of national security and in the 
public interest.
SEC. 2713. SENSE OF CONGRESS ON ENSURING JOINT BASING 
                          RECOMMENDATIONS DO NOT ADVERSELY AFFECT 
                          OPERATIONAL READINESS.

    It is the sense of Congress that, in implementing the joint basing 
recommendations of the Defense Base Closure and Realignment Commission 
contained in the report of the Commission transmitted to Congress on 
September 15, 2005, under section 2903(e) of the Defense Base Closure 
and Realignment Act of 1990 (part

[[Page 123 STAT. 2656]]

A of title XXIX of Public Law 101-510; 10 U.S.C. 2687 note), the 
Secretary of Defense should ensure that the joint basing of military 
installations at any of the recommended locations does not adversely 
impact--
            (1) the ability of commanders, and the units of the Armed 
        Forces under their command, to perform their operational 
        missions;
            (2) the command and control of commanders at each military 
        installation that has an operational mission requirement; and
            (3) the readiness of the units of the Armed Forces under 
        their command.
SEC. 2714. <<NOTE: District of 
                          Columbia. Maryland. Virginia.  Deadlines.
                          >> REQUIREMENTS RELATED TO PROVIDING 
                          WORLD CLASS MILITARY MEDICAL FACILITIES 
                          IN THE NATIONAL CAPITAL REGION.

    (a) Master Plan Required.--Not later than March 31, 2010, the 
Secretary of Defense shall develop and implement a comprehensive master 
plan to provide sufficient world class military medical facilities and 
an integrated system of health care delivery for the National Capital 
Region that--
            (1) addresses--
                    (A) the unique needs of members of the Armed Forces 
                and retired members of the Armed Forces and their 
                families;
                    (B) the care, management, and transition of 
                seriously ill and injured members of the Armed Forces 
                and their families;
                    (C) the missions of the branch or branches of the 
                Armed Forces served; and
                    (D) performance expectations for the future 
                integrated health care delivery system, including--
                          (i) information management and information 
                      technology support; and
                          (ii) expansion of support services;
            (2) delineates the process for the development of budgets, 
        prioritization of requirements, and the allocation of funds;
            (3) delineates budget and operational authority to provide 
        and operate world class military medical facilities in the 
        National Capital Region;
            (4) incorporates all ancillary and support facilities at the 
        National Naval Medical Center, Bethesda, Maryland, including 
        education and research facilities as well as centers of 
        excellence, transportation, and parking structures required to 
        provide a full range of adequate care and services for members 
        of the Armed Forces and their families;
            (5) incorporates a facilities needs assessment, including an 
        assessment of standards for patient rooms, and provides a 
        program to meet the facility requirements;
            (6) specifies the personnel authorizations and personnel 
        systems required to provide and operate a world class military 
        medical facility;
            (7) can be used as a basis to develop similar master plans 
        for other military medical facilities of the Department of 
        Defense; and
            (8) includes a community development plan that incorporates 
        multiple options to alleviate traffic congestion related

[[Page 123 STAT. 2657]]

        to the expansion of the National Naval Medical Center and Fort 
        Belvoir Community Hospital, including a review of options--
                    (A) to expand adjacent highways;
                    (B) improvements to nearby intersections;
                    (C) on-facility site queuing; and
                    (D) multimodal expansion that could include expanded 
                support for buses and subways.

    (b) <<NOTE: Reports.>> Submission of Master Plan and Related 
Materials.--Not later than March 31, 2010, the Secretary of Defense 
shall submit to the congressional defense committees a report 
containing--
            (1) the master plan developed under subsection (a);
            (2) the certification of the Secretary that the requirements 
        specified in paragraphs (1), (2), and (3) of section 1650(a) of 
        the National Defense Authorization Act for Fiscal Year 2008 
        (Public Law 110-181; 122 Stat. 475) remain satisfied and 
        accurate;
            (3) the certification of the Secretary that the master plan 
        ensures that each facility covered by the plan meets or exceeds 
        applicable Joint Commission hospital design standards; and
            (4) an assessment of the risks and benefits to patient care 
        associated with completing the realignment of Walter Reed 
        National Military Medical Center by the statutory deadline 
        imposed for implementation of the recommendations contained in 
        the report of the Defense Base Closure and Realignment 
        Commission transmitted to Congress on September 15, 2005.

    (c) <<NOTE: Reports.>> Submission of Milestone Schedule and Cost 
Estimates.--Not later than June 30, 2010, the Secretary of Defense shall 
submit to the congressional defense committees a report describing--
            (1) the schedule for completion of requirements identified 
        in the master plan developed under subsection (a); and
            (2) updated cost estimates to provide world class military 
        medical facilities for the National Capital Region.

    (d) Sense of Congress Regarding Traffic Mitigation in Vicinity of 
National Naval Medical Center.--Given the anticipated significant 
increases in local traffic in the vicinity of the National Naval Medical 
Center, and the unusual impact that such traffic increases will have on 
the surrounding community due to the planned expansion of the 
installation, it is the sense of Congress that--
            (1) multiple methods are available to the Department of 
        Defense to implement the defense access roads program (section 
        210 of title 23, United States Code) to help alleviate traffic 
        congestion, including expansion of adjacent highways, 
        improvements to nearby intersections, on-base queuing options, 
        and multi-modal expansion, including expanded support of buses 
        and subways and other measures; and
            (2) all of the efforts to alleviate the significant traffic 
        impact need to be pursued to ensure readily available access to 
        health care at the installation.

    (e) Definitions.--In this section:
            (1) National capital region.--The term ``National Capital 
        Region'' has the meaning given the term in section 2674(f) of 
        title 10, United States Code.

[[Page 123 STAT. 2658]]

            (2) World class military medical facility.--The term ``world 
        class military medical facility'' has the meaning given the term 
        by the National Capital Region Base Realignment and Closure 
        Health Systems Advisory Subcommittee of the Defense Health Board 
        in appendix B of the report entitled ``Achieving World Class - 
        An Independent Review of the Design Plans for the Walter Reed 
        National Military Medical Center and the Fort Belvoir Community 
        Hospital'', published in May, 2009.
SEC. 2715. USE OF ECONOMIC DEVELOPMENT CONVEYANCES TO IMPLEMENT 
                          BASE CLOSURE AND REALIGNMENT PROPERTY 
                          RECOMMENDATIONS.

    (a) Economic Redevelopment Conveyance Authority.--Section 2905(b)(4) 
of the Defense Base Closure and Realignment Act of 1990 (part A of title 
XXIX of Public Law 101-510; 10 U.S.C. 2687 note) is amended--
            (1) in subparagraph (B), by striking the matter preceding 
        clause (i) of such subparagraph and inserting the following:

    ``(B) The transfer of property located at a military installation 
under subparagraph (A) may be for consideration at or below the 
estimated fair market value or without consideration. The determination 
of such consideration may account for the economic conditions of the 
local affected community and the estimated costs to redevelop the 
property. The Secretary may accept, as consideration, a share of the 
revenues that the redevelopment authority receives from third-party 
buyers or lessees from sales and long-term leases of the conveyed 
property, consideration in kind (including goods and services), real 
property and improvements, or such other consideration as the Secretary 
considers appropriate. The transfer of property located at a military 
installation under subparagraph (A) may be made for consideration below 
the estimated fair market value or without consideration only if the 
redevelopment authority with respect to the installation--''; and
            (2) in subparagraph (C), by striking ``subparagraph (B)'' 
        and inserting ``subparagraph (B)(i)''.

    (b) Report Concerning Property Conveyances.--Not later than 180 days 
after the date of the enactment of this Act, the Secretary of Defense 
shall submit to Congress a report regarding the status of current and 
anticipated economic development conveyances involving surplus real and 
personal property at closed or realigned military installations, 
projected job creation as a result of the conveyances, community 
reinvestment, and the progress made as a result of the implementation of 
the amendments made by subsection (a).

         TITLE XXVIII--MILITARY CONSTRUCTION GENERAL PROVISIONS

 Subtitle A--Military Construction Program and Military Family Housing 
                                 Changes

Sec. 2801. Modification of unspecified minor construction authorities.
Sec. 2802. Congressional notification of facility repair projects 
           carried out using operation and maintenance funds.
Sec. 2803. Modification of authority for scope of work variations.
Sec. 2804. Modification of conveyance authority at military 
           installations.
Sec. 2805. Imposition of requirement that acquisition of reserve 
           component facilities be authorized by law.

[[Page 123 STAT. 2659]]

Sec. 2806. Authority to use operation and maintenance funds for 
           construction projects inside the United States Central 
           Command area of responsibility.
Sec. 2807. Expansion of First Sergeants Barracks Initiative.
Sec. 2808. Reports on privatization initiatives for military 
           unaccompanied housing.
Sec. 2809. Report on Department of Defense contributions to States for 
           acquisition, construction, expansion, rehabilitation, or 
           conversion of reserve component facilities.

         Subtitle B--Real Property and Facilities Administration

Sec. 2821. Modification of utility systems conveyance authority.
Sec. 2822. Report on global defense posture realignment and interagency 
           review.
Sec. 2823. Property and facilities management of the Armed Forces 
           Retirement Home.
Sec. 2824. Acceptance of contributions to support cleanup efforts at 
           former Almaden Air Force Station, California.
Sec. 2825. Selection of military installations to serve as locations of 
           brigade combat teams.
Sec. 2826. Report on Federal assistance to support communities adversely 
           impacted by expansion of military installations.

           Subtitle C--Provisions Related to Guam Realignment

Sec. 2831. Role of Department of Defense in management and coordination 
           of Defense activities relating to Guam realignment.
Sec. 2832. Clarifications regarding use of special purpose entities to 
           assist with Guam realignment.
Sec. 2833. Workforce issues related to military construction and certain 
           other transactions on Guam.
Sec. 2834. Composition of workforce for construction projects funded 
           through the Support for United States Relocation to Guam 
           Account.
Sec. 2835. Interagency Coordination Group of Inspectors General for Guam 
           Realignment.
Sec. 2836. Compliance with Naval Aviation Safety requirements as 
           condition on acceptance of replacement facility for Marine 
           Corps Air Station, Futenma, Okinawa.
Sec. 2837. Report and sense of Congress on Marine Corps requirements in 
           Asia-Pacific region.

                       Subtitle D--Energy Security

Sec. 2841. Adoption of unified energy monitoring and utility control 
           system specification for military construction and military 
           family housing activities.
Sec. 2842. Department of Defense goal regarding use of renewable energy 
           sources to meet facility energy needs.
Sec. 2843. Department of Defense participation in programs for 
           management of energy demand or reduction of energy usage 
           during peak periods.
Sec. 2844. Department of Defense use of electric and hybrid motor 
           vehicles.
Sec. 2845. Study on development of nuclear power plants on military 
           installations.
Sec. 2846. Comptroller General report on Department of Defense renewable 
           energy initiatives, including solar initiatives, on military 
           installations.

                      Subtitle E--Land Conveyances

Sec. 2851. Land conveyance, Haines Tank Farm, Haines, Alaska.
Sec. 2852. Release of reversionary interest, Camp Joseph T. Robinson, 
           Arkansas.
Sec. 2853. Transfer of administrative jurisdiction, Port Chicago Naval 
           Magazine, California.
Sec. 2854. Land conveyance, Ferndale housing at Centerville Beach Naval 
           Facility to City of Ferndale, California.
Sec. 2855. Land conveyances, Naval Air Station, Barbers Point, Hawaii.
Sec. 2856. Land conveyances of certain parcels in the Camp Catlin and 
           Ohana Nui areas, Pearl Harbor, Hawaii.
Sec. 2857. Modification of land conveyance, former Griffiss Air Force 
           Base, New York.
Sec. 2858. Land conveyance, Army Reserve Center, Chambersburg, 
           Pennsylvania.
Sec. 2859. Land conveyance, Ellsworth Air Force Base, South Dakota.
Sec. 2860. Land conveyance, Lackland Air Force Base, Texas.
Sec. 2861. Land Conveyance, Naval Air Station Oceana, Virginia.
Sec. 2862. Completion of land exchange and consolidation, Fort Lewis, 
           Washington.
Sec. 2863. Land conveyance, F.E. Warren Air Force Base, Cheyenne, 
           Wyoming.

                        Subtitle F--Other Matters

Sec. 2871. Revised authority to establish national monument to honor 
           United States Armed Forces working dog teams.

[[Page 123 STAT. 2660]]

Sec. 2872. National D-Day Memorial study.
Sec. 2873. Conditions on establishment of Cooperative Security Location 
           in Palanquero, Colombia.
Sec. 2874. Military activities at United States Marine Corps Mountain 
           Warfare Training Center.

 Subtitle A--Military Construction Program and Military Family Housing 
                                 Changes

SEC. 2801. MODIFICATION OF UNSPECIFIED MINOR CONSTRUCTION 
                          AUTHORITIES.

    (a) Repeal of Limitations on Exercise-related Projects Overseas.--
            (1) Authority to carry out projects.--Subsection (a) of 
        section 2805 of title 10, United States Code, is amended--
                    (A) by striking ``Except as provided in paragraph 
                (2), within'' and inserting ``Within'';
                    (B) by striking paragraph (2); and
                    (C) by striking ``An unspecified'' and inserting the 
                following:

    ``(2) An unspecified''.
            (2) Use of operation and maintenance funds.--Subsection (c) 
        of such section is amended--
                    (A) by striking ``Except as provided in paragraphs 
                (2) and (3)'' and inserting ``Except as provided in 
                paragraph (2)'';
                    (B) by striking paragraph (2); and
                    (C) by redesignating paragraph (3) as paragraph (2).
            (3) Conforming amendment.--Section 2806(c)(1) of such title 
        is amended by striking ``section 2805(a)(2)'' and inserting 
        ``section 2805(a)''.

    (b) Laboratory Revitalization Authorized.--Section 2805(d) of such 
title is amended--
            (1) in paragraph (1)(B), by inserting ``or from funds 
        authorized to be made available under section 219(a) of the 
        Duncan Hunter National Defense Authorization Act for Fiscal Year 
        2009 (Public Law 110-417; 10 U.S.C. 2358 note)'' after 
        ``authorized by law'';
            (2) by striking paragraph (3); and
            (3) by redesignating paragraphs (4), (5), and (6) as 
        paragraphs (3), (4), and (5), respectively.

    (c) Mechanisms to Provide Funds for Laboratory Revitalization.--
            (1) Additional purpose.--Subsection (a)(1) of section 219 of 
        the Duncan Hunter National Defense Authorization Act for Fiscal 
        Year 2009 (Public Law 110-417; 10 U.S.C. 2358 note) is amended 
        by adding at the end the following new subparagraph:
                    ``(D) To fund the revitalization and 
                recapitalization of the laboratory pursuant to section 
                2805(d) of title 10, United States Code.''.
            (2) Modification of reporting requirements.--Subsection (b) 
        of such section is amended--
                    (A) by striking paragraph (2); and
                    (B) by striking ``Authority'' and all that follows 
                through ``Not'' and inserting ``Authority.--Not''.

[[Page 123 STAT. 2661]]

SEC. 2802. CONGRESSIONAL NOTIFICATION OF FACILITY REPAIR PROJECTS 
                          CARRIED OUT USING OPERATION AND 
                          MAINTENANCE FUNDS.

    Section 2811(d) of title 10, United States Code, is amended--
            (1) in paragraph (1), by striking ``and'' at the end; and
            (2) by striking paragraph (2) and inserting the following 
        new paragraphs:
            ``(2) if the current estimate of the cost of the repair 
        project exceeds 75 percent of the estimated cost of a military 
        construction project to replace the facility, an explanation of 
        the reasons why replacement of the facility is not in the best 
        interest of the Government; and
            ``(3) a description of the elements of military 
        construction, including the elements specified in section 
        2802(b) of this title, incorporated into the repair project.''.
SEC. 2803. MODIFICATION OF AUTHORITY FOR SCOPE OF WORK VARIATIONS.

    Section 2853 of title 10, United States Code, is amended--
            (1) in subsection (b)--
                    (A) by striking ``Except as provided in subsection 
                (c)'' and inserting ``(1) Except as provided in 
                subsection (c)'';
                    (B) by striking ``may be reduced by not more than 25 
                percent from the amount approved for that project, 
                construction, improvement, or acquisition by Congress.'' 
                and inserting ``may be reduced by not more than 25 
                percent from the amount specified for that project, 
                construction, improvement, or acquisition in the 
                justification data provided to Congress as part of the 
                request for authorization of the project, construction, 
                improvement, or acquisition.''; and
                    (C) by adding at the end the following new 
                paragraph:

    ``(2) The scope of work for a military construction project or for 
the construction, improvement, and acquisition of a military family 
housing project may not be increased above the amount specified for that 
project, construction, improvement, or acquisition in the justification 
data provided to Congress as part of the request for authorization of 
the project, construction, improvement, or acquisition.''; and
            (2) in subsection (c), by striking ``limitation on scope 
        reduction in subsection (b)'' and inserting ``limitation on 
        scope reduction in subsection (b)(1)''.
SEC. 2804. MODIFICATION OF CONVEYANCE AUTHORITY AT MILITARY 
                          INSTALLATIONS.

    (a) Limited Purposes for Which Real Property May Be Conveyed.--
Section 2869 of title 10, United States Code, is amended--
            (1) in subsection (a)--
                    (A) in paragraph (1)--
                          (i) by striking ``agrees, in exchange for the 
                      real property--'' and all that follows through 
                      ``to carry out a military construction project or 
                      land acquisition'' and inserting ``agrees, in 
                      exchange for the real property, to carry out a 
                      land acquisition'';
                          (ii) by striking ``; or'' and inserting a 
                      period; and
                          (iii) by striking subparagraph (B); and

[[Page 123 STAT. 2662]]

                    (B) by striking paragraph (3);
            (2) in subsection (b), by striking ``fair market value of 
        the military construction, military family housing, or military 
        unaccompanied housing'' both places it appears and inserting 
        ``fair market value of the land'';
            (3) by striking subsection (c) and inserting the following 
        new subsection:

    ``(c) Limitation on Use of Conveyance Authority at Installations 
Closed Under Base Closure Laws.--The authority under subsection 
(a)(2)(A) to convey property located on a military installation may only 
be used to the extent the conveyance is consistent with an approved 
redevelopment plan for such installation.''; and
            (4) in subsection (d)(2)(A), by striking ``military 
        construction project, land acquisition, military family housing, 
        or military unaccompanied housing'' both places it appears and 
        inserting ``land acquisition''.

    (b) Requirement to Deposit Funds in Foreign Currency Fluctuations, 
Construction, Defense Account.--Subsection (e) of such section is 
amended by striking ``(1) Except as provided in paragraph (2), the 
Secretary concerned may deposit funds'' and all that follows through 
``funds deposited under paragraph (2) shall be available'' in paragraph 
(3) and inserting ``The Secretary concerned shall deposit funds received 
under subsection (b) in the appropriation `Foreign Currency 
Fluctuations, Construction, Defense'. The funds deposited shall be 
available''.
    (c) Elimination of Annual Report Requirement; Sunset.--Subsection 
(f) of such section is amended to read as follows:
    ``(f) Sunset.--The authority to enter into an agreement under this 
section shall expire on September 30, 2013.''.
    (d) Clerical Amendments.--
            (1) Section heading.--The heading of such section is amended 
        to read as follows:
``Sec. 2869. Conveyance of property at military installations to 
                  limit encroachment''.
            (2) Table of sections.--The item relating to such section in 
        the table of sections at the beginning of chapter 169 of such 
        title is amended to read as follows:

``2869. Conveyance of property at military installations to limit 
           encroachment.''.

SEC. 2805. IMPOSITION OF REQUIREMENT THAT ACQUISITION OF RESERVE 
                          COMPONENT FACILITIES BE AUTHORIZED BY 
                          LAW.

    Section 18233(a)(1) of title 10, United States Code, is amended by 
striking ``as he determines to be necessary'' and inserting ``as are 
authorized by law''.
SEC. 2806. AUTHORITY TO USE OPERATION AND MAINTENANCE FUNDS FOR 
                          CONSTRUCTION PROJECTS INSIDE THE UNITED 
                          STATES CENTRAL COMMAND AREA OF 
                          RESPONSIBILITY.

    (a) One-year Extension of Authority.--Section 2808 of the Military 
Construction Authorization Act for Fiscal Year 2004 (division B of 
Public Law 108-136; 117 Stat. 1723), as most recently amended by section 
2806 of the Military Construction Authorization Act for Fiscal Year 2009 
(division B of Public Law 110-417; 112 Stat. 4724), is amended--

[[Page 123 STAT. 2663]]

            (1) in subsection (a), by striking ``During fiscal year 
        2004'' and all that follows through ``obligate'' and inserting 
        ``The Secretary of Defense may obligate''; and
            (2) by adding at the end the following new subsection:

    ``(h) Expiration of Authority.--The authority to obligate funds 
under this section expires on the later of--
            ``(1) September 30, 2010; or
            ``(2) the date of the enactment of an Act authorizing funds 
        for military construction for fiscal year 2011.''.

    (b) Geographic Area of Authority.--Subsection (a) of such section is 
further amended by striking ``and United States Africa Command areas of 
responsibility'' and inserting ``area of responsibility''.
    (c) Annual Funding Limitation on Use of Authority; Exception.--
Subsection (c) of such section is amended--
            (1) in paragraph (2)--
                    (A) in the first sentence, by inserting ``for fiscal 
                year 2010'' after ``operation and maintenance'' ; and
                    (B) in the second sentence, by striking ``fiscal 
                year 2009'' and inserting ``that fiscal year''; and
            (2) by adding at the end the following new paragraph:

    ``(3) Notwithstanding paragraph (1), the Secretary of Defense may 
authorize the obligation under this section of not more than an 
additional $10,000,000 of appropriated funds available for operation and 
maintenance for a fiscal year if the Secretary determines that the 
additional funds are needed for costs associated with contract 
closeouts. Funds obligated under this paragraph are not subject to the 
limitation in the second sentence of paragraph (2).''.
    (d) Clerical Amendment to Correct Reference to Congressional 
Committee.--Subsection (f) of such section is amended by striking 
``Subcommittees on Defense and Military Construction'' both places it 
appears and inserting ``Subcommittee on Defense and the Subcommittee on 
Military Construction, Veterans Affairs, and Related Agencies''.
SEC. 2807. <<NOTE: 10 USC 3013 note.>> EXPANSION OF FIRST 
                          SERGEANTS BARRACKS INITIATIVE.

    (a) Expansion of Initiative.-- <<NOTE: Deadline.>> Not later than 
September 30, 2011, the Secretary of the Army shall expand the First 
Sergeants Barracks Initiative (FSBI) to include all Army installations 
in order to improve the quality of life and living environments for 
single soldiers.

    (b) Progress Reports.--Not later than February 15, 2010, and 
February 15, 2011, the Secretary of the Army shall submit to the 
congressional defense committees a report describing the progress made 
in expanding the First Sergeants Barracks Initiative to all Army 
installations.
SEC. 2808. REPORTS ON PRIVATIZATION INITIATIVES FOR MILITARY 
                          UNACCOMPANIED HOUSING.

    (a) Secretary of Defense Report.--Not later than March 31, 2010, the 
Secretary of Defense shall submit to the Committees on Armed Services of 
the Senate and the House of Representatives a report containing--
            (1) an evaluation of the process by which the Secretary 
        develops, implements, and oversees housing privatization 
        transactions involving military unaccompanied housing;

[[Page 123 STAT. 2664]]

            (2) recommendations regarding additional opportunities for 
        members of the Armed Forces to utilize housing privatization 
        transactions involving military unaccompanied housing;
            (3) an evaluation of the impact of a prohibition on civilian 
        occupancy of such housing on the ability to secure private 
        partners for such housing privatization transactions; and
            (4) the Secretary's assessment of the feasibility and cost 
        of privatizing military unaccompanied housing for all members of 
        the Armed Forces.

    (b) Comptroller General Report.--
            (1) In general.--Not later than 90 days after the Secretary 
        of Defense submits the report under subsection (a), the 
        Comptroller General of the United States shall submit to the 
        Committees on Armed Services of the Senate and the House of 
        Representatives a report evaluating such report. The report of 
        the Comptroller General shall include the Comptroller General's 
        assessment of the process used by the Secretary in preparing the 
        report under subsection (a) and the Comptroller General's 
        assessment of the extent to which such report addresses the 
        elements required under subsection (a).
            (2) Independent research.--The Comptroller General may 
        conduct such independent research and make such independent 
        findings and recommendations as the Comptroller General 
        determines appropriate for purposes of the report submitted 
        under this subsection.

    (c) Housing Privatization Transaction Defined.--In this section, the 
term ``housing privatization transaction'' means any contract or other 
transaction for the construction or acquisition of military 
unaccompanied housing entered into under the authority of subchapter IV 
of chapter 169 of title 10, United States Code.
SEC. 2809. REPORT ON DEPARTMENT OF DEFENSE CONTRIBUTIONS TO STATES 
                          FOR ACQUISITION, CONSTRUCTION, 
                          EXPANSION, REHABILITATION, OR CONVERSION 
                          OF RESERVE COMPONENT FACILITIES.

    (a) Report Required.--Not later than March 1, 2010, the Secretary of 
Defense shall submit to the congressional defense committees a report 
specifying, for each of fiscal years 2005 through 2009, the total amount 
of contributions by project made by the Secretary to each State under 
the authority of paragraphs (2) through (6) of section 18233(a) of title 
10, United States Code, for reserve component facilities. The amounts 
contributed under each of such paragraphs for each State shall be 
specified separately.
    (b) Definitions.--In this section, the terms ``State'' and 
``facility'' have the meanings given those terms in section 18232 of 
such title.

         Subtitle B--Real Property and Facilities Administration

SEC. 2821. MODIFICATION OF UTILITY SYSTEMS CONVEYANCE AUTHORITY.

    (a) Clarification of Required Determination That Conveyance Reduce 
Long-term Costs.--Paragraph (2)(A)(ii) of subsection (a) of section 2688 
of title 10, United States Code, is amended by striking ``system; and'' 
and inserting the following: ``system by

[[Page 123 STAT. 2665]]

10 percent of the long-term cost for provision of those utility services 
in the agency tender; and''.
    (b) Limitation on Repeated Use of Authority for Same Utility 
System.--Such subsection is further amended by adding at the end the 
following new paragraph:
    ``(3)(A) <<NOTE: Determination. Time periods.>> If, as a result of 
the economic analysis required by paragraph (2)(A), the Secretary 
concerned determines that a utility system, or part of a utility system, 
is not eligible for conveyance under this subsection, the Secretary 
concerned may not further reconsider the utility system, or part of a 
utility system, for conversion to contractor operation under section 
2461 of this title for a period of five years beginning on the date of 
the determination.

    ``(B) If the results of a public-private competition for conversion 
of a utility system, or part of a utility system, to operation by a 
contractor favors continued operation by civilian employees of the 
Department of Defense, the Secretary concerned may not reconsider the 
utility system, or part of a utility system, for conversion under 
section 2461 of this title or for conveyance under this subsection for a 
period of five years beginning on the date of the completion of the 
public-private competition.''.
SEC. 2822. REPORT ON GLOBAL DEFENSE POSTURE REALIGNMENT AND 
                          INTERAGENCY REVIEW.

    (a) Annual Review of Overseas Base Closure and Realignment Actions 
and Basing Master Plans.--
            (1) In general.--Chapter 159 of title 10, United States 
        Code, is amended by inserting after section 2687 the following 
        new section:
``Sec. 2687a. Overseas base closures and realignments and basing 
                    master plans

    ``(a) Annual Status Report.--At the same time that the budget is 
submitted under section 1105(a) of title 31for a fiscal year, the 
Secretary of Defense shall submit to the congressional defense 
committees and the Committee on Foreign relations of the Senate and the 
Committee on Foreign Affairs of the House of Representatives a report 
on--
            ``(1) the status of overseas base closure and realignment 
        actions undertaken as part of a global defense posture 
        realignment strategy; and
            ``(2) the status of development and execution of 
        comprehensive master plans for overseas military main operating 
        bases, forward operating sites, and cooperative security 
        locations.

    ``(b) Report Elements.--A report under subsection (a) shall address 
the following:
            ``(1) How the master plans described in subsection (a)(2) 
        would support the security commitments undertaken by the United 
        States pursuant to any international security treaty, including, 
        the North Atlantic Treaty, The Treaty of Mutual Cooperation and 
        Security between the United States and Japan, and the Security 
        Treaty Between Australia, New Zealand, and the United States of 
        America.
            ``(2) The impact of such plans on the current security 
        environments in the combatant commands, including United States 
        participation in theater security cooperation activities and 
        bilateral partnership, exchanges, and training exercises.

[[Page 123 STAT. 2666]]

            ``(3) Any comments of the Secretary of Defense resulting 
        from an interagency review of these plans that includes the 
        Department of State and other Federal departments and agencies 
        that the Secretary of Defense considers necessary for national 
        security.''.
            (2) Clerical amendment.--The table of sections at the 
        beginning of such chapter is amended by inserting after the item 
        relating to section 2687 the following new item:

``2687a. Overseas base closures and realignments and basing master 
           plans.''.

    (b) Interagency Overseas Basing Report in Response to Quadrennial 
Defense Review.--Section 118 of title 10, United States Code, is amended 
by inserting after subsection (h), as added by section 1002, the 
following new subsection:
    ``(i) Interagency Overseas Basing Report.--(1) Not later than 90 
days after submitting a report on a quadrennial defense review under 
subsection (d), the Secretary of Defense shall submit to the 
congressional defense committees a report detailing how the results of 
the assessment conducted as part of such review will impact--
            ``(A) the status of overseas base closure and realignment 
        actions undertaken as part of a global defense posture 
        realignment strategy; and
            ``(B) the status of development and execution of 
        comprehensive master plans for overseas military main operating 
        bases, forward operating sites, and cooperative security 
        locations of the global defense posture of the United States.

    ``(2) A report under paragraph (1) shall include any recommendations 
for additional closures or realignments of military installations 
outside of the United States and any comments resulting from an 
interagency review of these plans that includes the Department of State 
and other relevant Federal departments and agencies.''.
SEC. 2823. PROPERTY AND FACILITIES MANAGEMENT OF THE ARMED FORCES 
                          RETIREMENT HOME.

    (a) Acquisition of Real Property.--Subsection (e)(2) of section 1511 
of the Armed Forces Retirement Home Act of 1991 (24 U.S.C. 411) is 
amended by adding at the end the following new sentence: ``If the 
purchase price to acquire fee title to real property for inclusion in 
the Retirement Home is more than $750,000, the Secretary may acquire the 
real property only if the acquisition is specifically authorized by 
law.''.
    (b) Disposal of Excess Property and Lease of Non-excess Property.--
Such section is further amended--
            (1) in subsection (e), by striking paragraph (3) and 
        inserting the following new paragraph:

    ``(3) <<NOTE: Determination.>> If the Secretary of Defense 
determines that any property of the Retirement Home is excess to the 
needs of the Retirement Home, the Secretary shall dispose of the 
property in accordance with subchapter III of chapter 5 of title 40, 
United States Code (40 U.S.C. 541 et seq.). The proceeds from the 
disposal of property under this paragraph shall be deposited in the 
Armed Forces Retirement Home Trust Fund.''; and
            (2) by adding at the end the following new subsection:

    ``(i) Authority to Lease Non-excess Property.--(1) Whenever the 
Chief Operating Officer of the Armed Forces Retirement

[[Page 123 STAT. 2667]]

Home considers it advantageous to the Retirement Home, the Secretary of 
Defense (acting on behalf of the Chief Operating Officer) may lease to 
such lessee and upon such terms as the Secretary considers will promote 
the purpose and financial stability of the Retirement Home or be in the 
public interest, real or personal property that is--
            ``(A) under the control of the Retirement Home; and
            ``(B) not excess property (as defined by section 102 of 
        title 40, United States Code) subject to disposal under 
        subsection (e)(3).

    ``(2) <<NOTE: Determinations.>> A lease under this subsection--
            ``(A) may not be for more than five years, unless the Chief 
        Operating Officer determines that a lease for a longer period 
        will promote the purpose and financial stability of the 
        Retirement Home or be in the public interest;
            ``(B) may give the lessee the first right to buy the 
        property if the lease is revoked to allow the United States to 
        sell the property under any other provision of law;
            ``(C) shall permit the Chief Operating Officer to revoke the 
        lease at any time, unless the Chief Operating Officer determines 
        that the omission of such a provision will promote the purpose 
        and financial stability of the Retirement Home or be in the 
        public interest;
            ``(D) shall provide for the payment (in cash or in kind) by 
        the lessee of consideration in an amount that is not less than 
        the fair market value of the lease interest, as determined by 
        the Chief Operating Officer ; and
            ``(E) may provide, notwithstanding section 1302 of title 40, 
        United States Code, or any other provision of law, for the 
        alteration, repair, or improvement, by the lessee, of the 
        property leased as the payment of part or all of the 
        consideration for the lease.

    ``(3) In addition to any in-kind consideration accepted under 
subparagraph (D) or (E) of paragraph (2), in-kind consideration accepted 
with respect to a lease under this subsection may include the following:
            ``(A) Maintenance, protection, alteration, repair, 
        improvement, or restoration (including environmental 
        restoration) of property or facilities of the Retirement Home.
            ``(B) Construction of new facilities for the Retirement 
        Home.
            ``(C) Provision of facilities for use by the Retirement 
        Home.
            ``(D) Facilities operation support for the Retirement Home.
            ``(E) Provision of such other services relating to 
        activities that will occur on the leased property as the Chief 
        Operating Officer considers appropriate.

    ``(4) In-kind consideration under paragraph (3) may be accepted at 
any property or facilities of the Retirement Home that are selected for 
that purpose by the Chief Operating Officer.
    ``(5) <<NOTE: Time period.>> In the case of a lease for which all or 
part of the consideration proposed to be accepted under this subsection 
is in-kind consideration with a value in excess of $500,000, the 
Secretary of Defense may not enter into the lease on behalf of the Chief 
Operating Officer until at least 30 days after the date on which a 
report on the facts of the lease is submitted to Congress. This 
paragraph does not apply to a lease covered by paragraph (6).

    ``(6)(A) <<NOTE: Determination.>> If a proposed lease under this 
subsection involves only personal property, the lease term exceeds one 
year, or the fair

[[Page 123 STAT. 2668]]

market value of the lease interest exceeds $100,000, as determined by 
the Chief Operating Officer, the Secretary of Defense shall use 
competitive procedures to select the lessee unless the Chief Operating 
Officer determines that--
            ``(i) a public interest will be served as a result of the 
        lease; and
            ``(ii) the use of competitive procedures for the selection 
        of certain lessees is unobtainable or not compatible with the 
        public benefit served under clause (i).

    ``(B) <<NOTE: Deadline. Notice.>> Not later than 45 days before 
entering into a lease described in subparagraph (A), the Chief Operating 
Officer shall submit to Congress written notice describing the terms of 
the proposed lease and--
            ``(i) the competitive procedures used to select the lessee; 
        or
            ``(ii) in the case of a lease involving the public benefit 
        exception authorized by subparagraph (A)(ii), a description of 
        the public benefit to be served by the lease.

    ``(7) The proceeds from the lease of property under this subsection 
shall be deposited in the Armed Forces Retirement Home Trust Fund.
    ``(8) The interest of a lessee of property leased under this 
subsection may be taxed by State or local governments. A lease under 
this subsection shall provide that, if and to the extent that the leased 
property is later made taxable by State or local governments under an 
Act of Congress, the lease shall be renegotiated.''.
SEC. 2824. ACCEPTANCE OF CONTRIBUTIONS TO SUPPORT CLEANUP EFFORTS 
                          AT FORMER ALMADEN AIR FORCE STATION, 
                          CALIFORNIA.

    (a) Acceptance of Contributions; Purpose.--The Secretary of the Army 
may accept contributions from other Federal entities, the State of 
California, and other entities, both public and private, for the 
purposes of helping to cover the costs of--
            (1) demolition of property at former Almaden Air Force 
        Station, California; and
            (2) environmental remediation and restoration.

    (b) Availability.--Amounts received as contributions under 
subsection (a) may be merged with other amounts available to the 
Secretary to carry out the purposes described in such subsection and 
shall be available without further appropriations and until expended.
SEC. 2825. <<NOTE: 10 USC 3013 note.>> SELECTION OF MILITARY 
                          INSTALLATIONS TO SERVE AS LOCATIONS OF 
                          BRIGADE COMBAT TEAMS.

    In selecting the military installations at which brigade combat 
teams will be stationed, the Secretary of the Army shall take into 
consideration the availability and proximity of training spaces for the 
units and the capacity of the installations to support the units.
SEC. 2826. REPORT ON FEDERAL ASSISTANCE TO SUPPORT COMMUNITIES 
                          ADVERSELY IMPACTED BY EXPANSION OF 
                          MILITARY INSTALLATIONS.

    Not later than 180 days after the date of the enactment of this Act, 
the Secretary of Defense shall submit to the congressional defense 
committees a report that includes the following information:

[[Page 123 STAT. 2669]]

            (1) A description of the current authorities under which the 
        Secretary may assist a community that is adversely impacted by 
        the expansion of a military installation (in this section 
        referred to as ``impacted community'').
            (2) A description of the current authorities under which 
        heads of other Federal agencies may assist an impacted 
        community.
            (3) A review of additional authorities that the Secretary 
        requires to assist impacted communities, including an assessment 
        on the following:
                    (A) Methods to obtain educational opportunities for 
                members of the Armed Forces and their dependents in 
                impacted communities.
                    (B) Opportunities to use payments in lieu of taxes 
                under chapter 69 of title 31, United States Code, to 
                offset impacts on impacted communities.
                    (C) In remote locations where the Armed Forces does 
                not have a presence and significant military expansion 
                has been proposed, the ability to augment local medical 
                capacities and public utilities to support expansion 
                requirements.

           Subtitle C--Provisions Related to Guam Realignment

SEC. 2831. ROLE OF DEPARTMENT OF DEFENSE IN MANAGEMENT AND 
                          COORDINATION OF DEFENSE ACTIVITIES 
                          RELATING TO GUAM REALIGNMENT.

    (a) Deputy Secretary of Defense.--Section 132 of title 10, United 
States Code, is amended by adding at the end the following new 
subsection:
    ``(d) <<NOTE: Termination date.>> Until September 30, 2015, the 
Deputy Secretary of Defense shall lead the Guam Executive Council and 
shall be the Department of Defense's principal representative for 
coordinating the interagency efforts in matters relating to Guam, 
including the following executive orders:
            ``(1) Executive Order No. 13299 of May 12, 2003 (68 Fed. 
        Reg. 25477; 48 U.S.C. note prec. 1451; relating to the 
        Interagency Group on Insular Affairs).
            ``(2) Executive Order No. 12788 of January 15, 1992, as 
        amended (57 Fed. Reg. 2213; relating to the Defense Economic 
        Adjustment Program).''.

    (b) Report.--Not later than 90 days after the date of the enactment 
of this Act, the Secretary of Defense shall submit to the congressional 
defense committees a report including the charter that establishes the 
Guam Executive Council.
SEC. 2832. CLARIFICATIONS REGARDING USE OF SPECIAL PURPOSE 
                          ENTITIES TO ASSIST WITH GUAM 
                          REALIGNMENT.

    (a) <<NOTE: 10 USC 2687 note.>> Special Purpose Entity Defined.--In 
this section, the term ``special purpose entity'' means any private 
person, corporation, firm, partnership, company, State or local 
government, or authority or instrumentality of a State or local 
government that the Secretary of Defense determines is capable of 
producing military family housing or providing utilities to support the 
realignment of military installations and the relocation of military 
personnel on Guam.

[[Page 123 STAT. 2670]]

    (b) Report on Intended Use Special Purpose Entities.--
            (1) Report required.--Not later than 180 days after the date 
        of the enactment of this Act, the Secretary of Defense shall 
        submit to the congressional defense committees a report 
        describing the intended use of special purpose entities to 
        provide military family housing or utilities to support the 
        realignment of military installations and the relocation of 
        military personnel on Guam.
            (2) Notice and wait.-- <<NOTE: Time period.>> The Secretary 
        of Defense may not authorize the use of special use entities as 
        described in paragraph (1) until the end of the 30-day period 
        (15-day period if the report is submitted electronically) 
        beginning on the date on which the report required by such 
        paragraph is submitted.

    (c) Applicability of Unified Facilities Criteria.--
            (1) Applicability to section 2350k contributions.--Section 
        2824(c)(4) of the Military Construction Authorization Act for 
        Fiscal Year 2009 (division B of Public Law 110-417; 10 U.S.C. 
        2687 note) is amended by adding at the end the following new 
        subparagraph:
                    ``(D) Applicability of unified facilities 
                criteria.--The unified facilities criteria promulgated 
                by the Under Secretary of Defense for Acquisition, 
                Technology, and Logistics and dated May 29, 2002, and 
                any successor to such criteria shall be the minimum 
                standard applicable to projects funded using 
                contributions referred to in subsection (b)(1) for a 
                transaction authorized by paragraph (1).''.
            (2) Applicability to special purpose entity contributions.--
        The unified facilities criteria promulgated by the Under 
        Secretary of Defense for Acquisition, Technology, and Logistics 
        and dated May 29, 2002, and any successor to such criteria shall 
        be the minimum standard applicable to projects funded using 
        contributions provided by a special purpose entity.
            (3) Report.--Not later than 180 days after the date of the 
        enactment of this Act, the Secretary of Defense shall submit to 
        the congressional defense committees a report containing an 
        evaluation of various options, including a preferred option, 
        that the Secretary could utilize to comply with the unified 
        facilities criteria referred to in paragraph (2) in the 
        acquisition of military housing on Guam in connection with the 
        realignment of military installations and the relocation of 
        military personnel on Guam. In preparing the report, the 
        Secretary shall consider the impact of--
                    (A) increasing the overseas housing allowance for 
                members of the Armed Forces serving on Guam; and
                    (B) providing a direct Federal subsidy to public-
                private ventures.

    (d) Sense of Congress on Scope of Utility Infrastructure 
Improvements.--Section 2821 of the Military Construction Authorization 
Act for Fiscal Year 2009 (division B of Public Law 110-417; 122 Stat. 
4729) is amended--
            (1) by redesignating subsection (c) as subsection (b); and
            (2) in such subsection, by striking ``should incorporate the 
        civilian and military infrastructure into a single grid to 
        realize and maximize the effectiveness of the overall utility 
        system'' and inserting ``should support proposed utility 
        infrastructure

[[Page 123 STAT. 2671]]

        improvements on Guam that incorporate the civilian and military 
        infrastructure into a single grid to realize and maximize the 
        effectiveness of the overall utility system, rather than simply 
        supporting one or more military installations''.
SEC. 2833. WORKFORCE ISSUES RELATED TO MILITARY CONSTRUCTION AND 
                          CERTAIN OTHER TRANSACTIONS ON GUAM.

    (a) Prevailing Wage Requirements.--Subsection (c) of section 2824 of 
the Military Construction Authorization Act for Fiscal Year 2009 
(division B of Public Law 110-417; 10 U.S.C. 2687 note) is amended by 
adding at the end the following new paragraph:
            ``(5) Application of prevailing wage requirements.--
                    ``(A) In general.--The requirements of subchapter IV 
                of chapter 31 of title 40, United States Code, shall 
                apply to any military construction project or other 
                transaction authorized by paragraph (1) that is carried 
                out on Guam using contributions referred to in 
                subsection (b)(1) or appropriated funds.
                    ``(B) Secretary of labor authorities.--In order to 
                carry out the requirements of subparagraph (A) and 
                paragraph (6) (relating to composition of workforce for 
                construction projects), the Secretary of Labor shall 
                have the authority and functions set forth in 
                Reorganization Plan Number 14 of 1950 and section 3145 
                of title 40, United States Code.
                    ``(C) Wage rate determination.--In making wage rate 
                determinations pursuant to subparagraph (A), the 
                Secretary of Labor shall not include in the wage survey 
                any persons who hold a visa described in section 
                101(a)(15)(H)(ii)(b) of the Immigration and Nationality 
                Act (8 U.S.C. 1101(a)(15)(H)(ii)(b)).
                    ``(D) Addition to weekly statement on the wages 
                paid.--In the case of projects and other transactions 
                covered by subparagraph (A), the weekly statement 
                required by section 3145 of title 40, United States 
                Code, shall also identify each employee working on the 
                project or transaction who holds a visa described in 
                section 101(a)(15)(H)(ii)(b) of the Immigration and 
                Nationality Act (8 U.S.C. 1101(a)(15)(H)(ii)(b)).
                    ``(E) <<NOTE: Determination. Deadline.>> Duration of 
                requirements.--The Secretary of Labor shall make and 
                issue a wage rate determination for Guam annually until 
                90 percent of the funds in the Account and other funds 
                made available for the realignment of military 
                installations and the relocation of military personnel 
                on Guam have been expended.''.

    (b) Reporting Requirements Regarding Support of Construction 
Workforce.--Subsection (e) of such section is amended--
            (1) by striking ``Not later than'' and inserting the 
        following:
            ``(1) Military construction information.--Not later than''; 
        and
            (2) by adding at the end the following new paragraph:
            ``(2) Construction workforce information.--The annual report 
        shall also include an assessment of the living standards of the 
        construction workforce employed to carry out military 
        construction projects covered by the report, including, at a

[[Page 123 STAT. 2672]]

        minimum, the adequacy of contract standards and infrastructure 
        that support temporary housing the construction workforce and 
        their medical needs.''.
SEC. 2834. COMPOSITION OF WORKFORCE FOR CONSTRUCTION PROJECTS 
                          FUNDED THROUGH THE SUPPORT FOR UNITED 
                          STATES RELOCATION TO GUAM ACCOUNT.

    (a) Composition of Workforce.--Section 2824(c) of the Military 
Construction Authorization Act for Fiscal Year 2009 (division B of 
Public Law 110-417; 10 U.S.C. 2687 note) is amended by inserting after 
paragraph (5), as added by section 2833, the following new paragraph:
            ``(6) Composition of workforce for construction projects.--
                    ``(A) Limitation.--With respect to each construction 
                project that is carried out using amounts described in 
                subparagraph (B), no work may be performed by a person 
                holding a visa described in section 101(a)(15)(H)(ii)(b) 
                of the Immigration and Nationality Act (8 U.S.C. 
                1101(a)(15)(H)(ii)(b)) unless--
                          ``(i) the application for that visa has been 
                      approved pursuant to the issuance of a temporary 
                      labor certification by the Governor of Guam as 
                      provided under section 214.2 of title 8, Code of 
                      Federal Regulations; and
                          ``(ii) <<NOTE: Certification.>> the Governor 
                      of Guam, in consultation with the Secretary of 
                      Labor, makes the certification described in 
                      subparagraph (C) to the Secretary of Defense.
                    ``(B) Source of funds.-- 
                <<NOTE: Applicability.>> Subparagraph (A) applies to--
                          ``(i) amounts in the Account used for projects 
                      associated with the realignment of military 
                      installations and the relocation of military 
                      personnel on Guam;
                          ``(ii) funds associated with activities under 
                      section 2821 of this Act; and
                          ``(iii) funds for authorized military 
                      construction projects.
                    ``(C) Certification.--The certification referred to 
                in subparagraph (A) is a certification, in addition to 
                the certifications required by section 214.2 of title 8, 
                Code of Federal Regulations, that--
                          ``(i) there are not sufficient United States 
                      workers who are able, willing, qualified, and 
                      available at the time of application for a visa 
                      and admission to the United States and at the 
                      place where the persons holding visas described in 
                      section 101(a)(15)(H)(ii)(b) of the Immigration 
                      and Nationality Act (8 U.S.C. 
                      1101(a)(15)(H)(ii)(b)) are to perform such skilled 
                      or unskilled labor; and
                          ``(ii) the employment of such persons holding 
                      visas described in section 101(a)(15)(H)(ii)(b) of 
                      the Immigration and Nationality Act (8 U.S.C. 
                      1101(a)(15)(H)(ii)(b)) will not adversely affect 
                      the wages and working conditions of workers in 
                      Guam similarly employed.
                    ``(D) Solicitation of workers.-- 
                <<NOTE: Contracts. Recruitment plan.>> In order to 
                ensure compliance with subparagraph (A), as a condition 
                of a contract covered by such subparagraph, the 
                contractor shall

[[Page 123 STAT. 2673]]

                be required to advertise and solicit for construction 
                workers in the United States, including Guam, the 
                Commonwealth of the Northern Mariana Islands, American 
                Samoa, the Virgin Islands, and the Commonwealth of 
                Puerto Rico, in accordance with a recruitment plan 
                approved by the Secretary of 
                Labor. <<NOTE: Records. Deadline.>> The contractor shall 
                submit a copy of the employment offer, including a 
                description of wages and other terms and conditions of 
                employment, to the Secretary of Labor at least 60 days 
                before the start date of the workers under a 
                contract. <<NOTE: Notice. Web 
                posting. Determination.>> The contractor shall authorize 
                the Secretary of Labor to post a notice of the 
                employment offer on a website, with State, territorial, 
                and local job banks, with State and territorial 
                workforce agencies, and with any other referral and 
                recruitment sources the Secretary of Labor determines 
                may be pertinent to the employment opportunity.
                    ``(E) <<NOTE: Contracts.>> Recruitment period.--The 
                Secretary of Labor shall ensure that a contractor's 
                recruitment of construction workers complies with the 
                recruitment plan required by subparagraph (D) for a 
                period beginning 60 days before the start date of 
                workers under a contract and continuing for the next 28 
                days. <<NOTE: Deadline. Reports.>> During the 
                recruitment period, the contractor shall interview all 
                qualified and available United States construction 
                workers who have applied for the employment opportunity, 
                and, at the close of the recruitment period, the 
                contractor shall provide the Secretary of Labor with a 
                recruitment report providing any reasons for which the 
                contractor did not hire an applicant who is a qualified 
                United States construction 
                worker. <<NOTE: Deadline. Certification.>> Not later 
                than 21 days before the start date of the workers under 
                a contract, the Secretary of Labor shall certify to the 
                Governor of Guam whether the contractor has satisfied 
                the recruitment plan created under subparagraph (D).
                    ``(F) Limitation.--An employer, its attorney or 
                agent, the Secretary of Labor, the Governor of Guam, and 
                any designee thereof, may not seek or receive payment of 
                any kind from any worker for any activity related to 
                obtaining an H-2B labor certification with respect to 
                any construction project that is carried out using 
                amounts described in subparagraph (B).''.

    (b) Reporting Requirements.--
            (1) Secretary of defense.-- <<NOTE: Contracts.>> Not later 
        than June 30, 2010, the Secretary of Defense shall submit to the 
        congressional committees specified in paragraph (3) a report 
        containing an assessment of efforts to establish a Project Labor 
        Agreement for construction projects associated with the Guam 
        realignment as encouraged by Executive Order 13502, entitled 
        ``Use of Project Labor Agreements for Federal Construction 
        Projects'' (74 Fed. Reg. 6985), as a means of complying with the 
        requirements of paragraph (6) of section 2824(c) of the Military 
        Construction Authorization Act for Fiscal Year 2009, as added by 
        subsection (a).
            (2) <<NOTE: Deadline. Reports.>> Secretary of labor.--Not 
        later than June 30, 2010, the Secretary of Labor shall submit to 
        the congressional committees specified in paragraph (3) a report 
        containing an assessment of--

[[Page 123 STAT. 2674]]

                    (A) the opportunities to expand the recruitment of 
                construction workers in the United States, including 
                Guam, the Commonwealth of the Northern Mariana Islands, 
                American Samoa, the Virgin Islands, and the Commonwealth 
                of Puerto Rico, to support the realignment of military 
                installations and the relocation of military personnel 
                on Guam, consistent with the requirements of paragraph 
                (6) of section 2824(c) of the Military Construction 
                Authorization Act for Fiscal Year 2009, as added by 
                subsection (a);
                    (B) the ability of labor markets to support the Guam 
                realignment;
                    (C) the sufficiency of efforts to recruit United 
                States construction workers; and
                    (D) The costs to the United States for recruitment 
                plans required by such paragraph (6) and a proposed 
                method to cover such costs.
            (3) Covered congressional committees.--The reports required 
        by this subsection shall be submitted to the congressional 
        defense committees, the Committee on Education and Labor of the 
        House of Representatives, and the Committee on Health, 
        Education, Labor, and Pensions of the Senate.
SEC. 2835. <<NOTE: 10 USC 2687 note.>> INTERAGENCY COORDINATION 
                          GROUP OF INSPECTORS GENERAL FOR GUAM 
                          REALIGNMENT.

    (a) Interagency Coordination Group.-- <<NOTE: Establishment.>> There 
is hereby established the Interagency Coordination Group of Inspectors 
General for Guam Realignment (in this section referred to as the 
``Interagency Coordination Group'')--
            (1) to provide for the objective conduct and supervision of 
        audits and investigations relating to the programs and 
        operations funded with amounts appropriated or otherwise made 
        available for military construction on Guam in connection with 
        the realignment of military installations and the relocation of 
        military personnel on Guam; and
            (2) to provide for coordination of, and recommendations on, 
        policies designed--
                    (A) to promote economic efficiency and effectiveness 
                in the administration of the programs and operations 
                described in paragraph (1); and
                    (B) to prevent and detect waste, fraud, and abuse in 
                such programs and operations.

    (b) Membership.--
            (1) Chairperson.--The Inspector General of the Department of 
        Defense shall serve as chairperson of the Interagency 
        Coordination Group.
            (2) Additional members.--Additional members of the 
        Interagency Coordination Group shall include the Inspector 
        General of the Department of Interior and the Inspector General 
        of such other Federal agencies as the chairperson considers 
        appropriate to carry out the duties of the Interagency 
        Coordination Group.

    (c) Duties.--
            (1) Oversight of guam construction.--It shall be the duty of 
        the Interagency Coordination Group to conduct, supervise, and 
        coordinate audits and investigations of the treatment,

[[Page 123 STAT. 2675]]

        handling, and expenditure of amounts appropriated or otherwise 
        made available for military construction on Guam and of the 
        programs, operations, and contracts carried out utilizing such 
        funds, including--
                    (A) the oversight and accounting of the obligation 
                and expenditure of such funds;
                    (B) the monitoring and review of construction 
                activities funded by such funds;
                    (C) the monitoring and review of contracts funded by 
                such funds;
                    (D) the monitoring and review of the transfer of 
                such funds and associated information between and among 
                departments, agencies, and entities of the United States 
                and private and nongovernmental entities;
                    (E) the maintenance of records on the use of such 
                funds to facilitate future audits and investigations of 
                the use of such fund; and
                    (F) the monitoring and review of the implementation 
                of the Defense Posture Review Initiative relating to the 
                realignment of military installations and the relocation 
                of military personnel on Guam.
            (2) Other duties related to oversight.-- 
        <<NOTE: Procedures.>> The Interagency Coordination Group shall 
        establish, maintain, and oversee such systems, procedures, and 
        controls as the Interagency Coordination Group considers 
        appropriate to discharge the duties under paragraph (1).
            (3) Oversight plan.-- <<NOTE: Deadline.>> The chairperson of 
        the Interagency Coordination Group shall prepare an annual 
        oversight plan detailing planned audits and reviews related to 
        the Guam realignment.

    (d) Assistance From Federal Agencies.--
            (1) Provision of assistance.--Upon request of the 
        Interagency Coordination Group for information or assistance 
        from any department, agency, or other entity of the Federal 
        Government, the head of such entity shall, insofar as is 
        practicable and not in contravention of any existing law, 
        furnish such information or assistance to the Interagency 
        Coordination Group.
            (2) Reporting of refused assistance.--Whenever information 
        or assistance requested by the Interagency Coordination Group 
        is, in the judgment of the chairperson of the Interagency 
        Coordination Group, unreasonably refused or not provided, the 
        chairperson shall report the circumstances to the Secretary of 
        Defense and to the congressional defense committees without 
        delay.

    (e) Reports.--
            (1) Annual reports.--Not later than February 1 of each year, 
        the chairperson of the Interagency Coordination Group shall 
        submit to the congressional defense committees, the Secretary of 
        Defense, and the Secretary of the Interior a report summarizing, 
        for the preceding calendar year, the activities of the 
        Interagency Coordination Group during such year and the 
        activities under programs and operations funded with amounts 
        appropriated or otherwise made available for military 
        construction on Guam. Each report shall include, for the year 
        covered by the report, a detailed statement of all obligations,

[[Page 123 STAT. 2676]]

        expenditures, and revenues associated with such construction, 
        including the following:
                    (A) Obligations and expenditures of appropriated 
                funds.
                    (B) A project-by-project and program-by-program 
                accounting of the costs incurred to date for military 
                construction in connection with the realignment of 
                military installations and the relocation of military 
                personnel on Guam, together with the estimate of the 
                Department of Defense and the Department of the 
                Interior, as applicable, of the costs to complete each 
                project and each program.
                    (C) Revenues attributable to or consisting of funds 
                contributed by the Government of Japan in connection 
                with the realignment of military installations and the 
                relocation of military personnel on Guam and any 
                obligations or expenditures of such revenues.
                    (D) Operating expenses of agencies or entities 
                receiving amounts appropriated or otherwise made 
                available for military construction on Guam.
                    (E) In the case of any contract, grant, agreement, 
                or other funding mechanism described in paragraph (2)--
                          (i) the amount of the contract, grant, 
                      agreement, or other funding mechanism;
                          (ii) a brief discussion of the scope of the 
                      contract, grant, agreement, or other funding 
                      mechanism;
                          (iii) a discussion of how the department or 
                      agency of the United States Government involved in 
                      the contract, grant, agreement, or other funding 
                      mechanism identified, and solicited offers from, 
                      potential individuals or entities to perform the 
                      contract, grant, agreement, or other funding 
                      mechanism, together with a list of the potential 
                      individuals or entities that were issued 
                      solicitations for the offers; and
                          (iv) the justification and approval documents 
                      on which was based the determination to use 
                      procedures other than procedures that provide for 
                      full and open competition.
            (2) Covered contracts, grants, agreements, and funding 
        mechanisms.-- <<NOTE: Definition.>> A contract, grant, 
        agreement, or other funding mechanism described in this 
        paragraph is any major contract, grant, agreement, or other 
        funding mechanism that--
                    (A) is entered into by any department or agency of 
                the United States Government with any public or private 
                sector entity; and
                    (B) involves the use of amounts appropriated or 
                otherwise made available for military construction on 
                Guam.
            (3) Form.--Each report required under this subsection shall 
        be submitted in unclassified form, but may include a classified 
        annex if the Interagency Coordination Group considers it 
        necessary.
            (4) Rule of construction.--Nothing in this subsection shall 
        be construed to authorize the public disclosure of information 
        that is--
                    (A) specifically prohibited from disclosure by any 
                other provision of law;
                    (B) specifically required by Executive order to be 
                protected from disclosure in the interest of national 
                defense

[[Page 123 STAT. 2677]]

                or national security or in the conduct of foreign 
                affairs; or
                    (C) a part of an ongoing criminal investigation.
            (5) <<NOTE: Deadline.>> Submission of comments.--Not later 
        than 30 days after receipt of a report under paragraph (1), the 
        Secretary of Defense or the Secretary of the Interior may submit 
        to the congressional defense committees any comments on the 
        matters covered by the report as the Secretary concerned 
        considers appropriate. Any comments on the matters covered by 
        the report shall be submitted in unclassified form, but may 
        include a classified annex if the Secretary concerned considers 
        it necessary.

    (f) <<NOTE: President.>> Public Availability; Waiver.--
            (1) Public availability.-- <<NOTE: Web posting.>> The 
        Interagency Coordination Group shall publish on a publically-
        available Internet website each report prepared under subsection 
        (e). Any comments on the report submitted under paragraph (5) of 
        such subsection shall also be published on such website.
            (2) Waiver authority.-- <<NOTE: Determination.>> The 
        President may waive the requirement under paragraph (1) with 
        respect to availability to the public of any element in a report 
        under subsection (e), or any comment with respect to a report, 
        if the President determines that the waiver is justified for 
        national security reasons.
            (3) Notice of waiver.-- <<NOTE: Federal Register, 
        publication. Deadline.>> The President shall publish a notice of 
        each waiver made under this subsection in the Federal Register 
        no later than the date on which a report required under 
        subsection (e), or any comment under paragraph (5) of such 
        subsection, is submitted to the congressional defense 
        committees. The report and comments shall specify whether 
        waivers under this subsection were made and with respect to 
        which elements in the report or which comments, as appropriate.

    (g) Definitions.--In this section:
            (1) Amounts appropriated or otherwise made available.--The 
        term ``amounts appropriated or otherwise made available for 
        military construction on Guam'' includes amounts derived from 
        the Support for United States Relocation to Guam Account.
            (2) Guam.--The term ``Guam'' includes any island in the 
        Northern Mariana Islands.

    (h) Termination.--
            (1) In general.-- <<NOTE: Termination date.>> The 
        Interagency Coordination Group shall terminate upon the 
        expenditure of 90 percent of all funds appropriated or otherwise 
        made available for Guam realignment.
            (2) Final report.--Before the termination of the Interagency 
        Coordination Group pursuant to paragraph (1), the chairperson of 
        the Interagency Coordination Group shall prepare and submit to 
        the congressional defense committees a final report containing--
                    (A) notice that the termination condition in 
                paragraph (1) has occurred; and
                    (B) a final forensic audit on programs and 
                operations funded with amounts appropriated or otherwise 
                made available for military construction on Guam.

[[Page 123 STAT. 2678]]

SEC. 2836. COMPLIANCE WITH NAVAL AVIATION SAFETY REQUIREMENTS AS 
                          CONDITION ON ACCEPTANCE OF REPLACEMENT 
                          FACILITY FOR MARINE CORPS AIR STATION, 
                          FUTENMA, OKINAWA.

    (a) In General.-- <<NOTE: Reports.>> The Secretary of Defense may 
not accept, or authorize any other official of the Department of Defense 
to accept, a replacement facility in Okinawa for air operations 
conducted at Marine Corps Air Station, Futenma, Okinawa until the 
Secretary reports to the congressional defense committees that the 
replacement facility and its planned operating procedures are consistent 
with naval aviation safety requirements.

    (b) Exercise of Waiver Authorities.--
            (1) <<NOTE: Determination.>> Rule of construction.--Nothing 
        in this section shall be construed as preventing the Secretary 
        from exercising existing waiver authorities provided the 
        Secretary first determines the waiver is necessary in the 
        interest of national defense.
            (2) Required reporting of efforts.--The report specified 
        under subsection (a) shall clearly identify efforts made to 
        mitigate deviations from criteria in the planning and 
        construction of the replacement facility described in such 
        subsection.
SEC. 2837. REPORT AND SENSE OF CONGRESS ON MARINE CORPS 
                          REQUIREMENTS IN ASIA-PACIFIC REGION.

    (a) Report Required.--Not later than 180 days after the date of the 
enactment of this Act, the Secretary of Defense shall submit to the 
congressional defense committees a report on the training and readiness 
requirements necessary for Marine Forces Pacific, the field command of 
the Marine Corps within the United States Pacific Command.
    (b) Contents of Report.--The report required under subsection (a) 
shall contain each of the following:
            (1) A description of the units of the Marine Corps expected 
        to be assigned or realigned on a permanent or temporary basis to 
        Marine Forces Pacific, including the type of unit, the 
        organizational element, the current location of the unit, and 
        proposed location for the unit.
            (2) A description of the training requirements necessary to 
        sustain the current and planned realignment of forces specified 
        in paragraph (1).
            (3) A description of the strategic- and tactical-lift 
        requirements associated with the training, operational 
        readiness, and movement of Marine Forces Pacific, including 
        programming information regarding the intent of the Department 
        of Defense to eliminate deficiencies in the strategic-lift 
        capabilities.

    (c) Sense of Congress.--It is the sense of Congress that an 
evaluation of training and readiness requirements for Marine Forces 
Pacific--
            (1) should be conducted and completed as soon as possible;
            (2) should include an analysis that, at a minimum, reviews 
        the capabilities required to support the training, operational 
        readiness, and movement of Marine Air-Ground Task Force; and
            (3) should not impact the implementation of the recently 
        signed international agreement entitled ``Agreement between the 
        Government of the United States of America and the Government of 
        Japan concerning the Implementation of the

[[Page 123 STAT. 2679]]

        Relocation of the III Marine Expeditionary Force Personnel and 
        their Dependents from Okinawa to Guam''.

                       Subtitle D--Energy Security

SEC. 2841. ADOPTION OF UNIFIED ENERGY MONITORING AND UTILITY 
                          CONTROL SYSTEM SPECIFICATION FOR 
                          MILITARY CONSTRUCTION AND MILITARY 
                          FAMILY HOUSING ACTIVITIES.

    (a) Adoption Required.--
            (1) In general.--Subchapter III of chapter 169 of title 10, 
        United States Code, is amended by inserting after section 2866 
        the following new section:
``Sec. 2867. Energy monitoring and utility control system 
                  specification for military construction and 
                  military family housing activities

    ``(a) Adoption of Department-wide, Open Protocol, Energy Monitoring 
and Utility Control System Specification.--(1) The Secretary of Defense 
shall adopt an open protocol energy monitoring and utility control 
system specification for use throughout the Department of Defense in 
connection with a military construction project, military family housing 
activity, or other activity under this chapter for the purpose of 
monitoring and controlling, with respect to the project or activity, the 
items specified in paragraph (2) with the goal of establishing 
installation-wide energy monitoring and utility control systems.
    ``(2) The energy monitoring and utility control system specification 
required by paragraph (1) shall cover the following:
            ``(A) Utilities and energy usage, including electricity, 
        gas, steam, and water usage.
            ``(B) Indoor environments, including temperature and 
        humidity levels.
            ``(C) Heating, ventilation, and cooling components.
            ``(D) Central plant equipment.
            ``(E) Renewable energy generation systems.
            ``(F) Lighting systems.
            ``(G) Power distribution networks.

    ``(b) Exclusion.--(1) The energy monitoring and utility control 
system specification required by subsection (a) is not required to apply 
to projects carried out under the authority provided in subchapter IV of 
chapter 169 of this title.
    ``(2) <<NOTE: Waiver authority. Determination.>> The Secretary 
concerned may waive the application of the energy monitoring and utility 
control system specification required by subsection (a) with respect to 
a specific military construction project, military family housing 
activity, or other activity under this chapter if the Secretary 
determines that the application of the specification to the project or 
activity is not life cycle cost-effective. <<NOTE: Notification.>> The 
Secretary concerned shall notify the congressional defense committees of 
any waiver granted under this paragraph.''.

[[Page 123 STAT. 2680]]

            (2) Clerical amendment.--The table of sections at the 
        beginning of subchapter III is amended by inserting after the 
        item relating to section 2866 the following new item:

``2867. Energy monitoring and utility control system specification for 
           military construction and military family housing 
           activities.''.

            (3) <<NOTE: 10 USC 2867 note.>> Deadline for adoption.--The 
        Secretary of Defense shall adopt the open protocol energy 
        monitoring and utility control system specification required by 
        section 2867 of title 10, United States Code, as added by 
        paragraph (1), not later than 180 days after the date of the 
        enactment of this Act.

    (b) Reporting Requirement.--Not later than 180 days after the date 
of the enactment of the Act, the Secretary of Defense shall submit to 
the congressional defense committees a report containing the following 
items:
            (1) A contract specification that will implement the open 
        protocol energy monitoring and utility control system 
        specification required by section 2867 of title 10, United 
        States Code, as added by subsection (a).
            (2) A description of the method to ensure compliance of the 
        Department of Defense information assurance certification and 
        accreditation process.
            (3) A plan and expected timetable for integration of the 
        standard with the energy monitoring and utility control systems.
            (4) A list of the justifications and authorizations provided 
        by the Department, pursuant to Federal Acquisition Regulation 
        Chapter 6.3, relating to Other Than Full and Open Competition, 
        for energy monitoring and utility control systems during fiscal 
        year 2009.
SEC. 2842. DEPARTMENT OF DEFENSE GOAL REGARDING USE OF RENEWABLE 
                          ENERGY SOURCES TO MEET FACILITY ENERGY 
                          NEEDS.

    (a) Facility Basis of Goal.--Subsection (e) of section 2911 of title 
10, United States Code, is amended--
            (1) by redesignating paragraphs (1) and (2) as subparagraphs 
        (A) and (B), respectively;
            (2) in subparagraph (A) (as so redesignated)--
                    (A) by striking ``electric energy'' and inserting 
                ``facility energy'';
                    (B) by striking ``and in its activities''; and
                    (C) by striking ``(as defined in section 203(b) of 
                the Energy Policy Act of 2005 (42 U.S.C. 15852(b)))''; 
                and
            (3) in subparagraph (B) (as so redesignated), by striking 
        ``electric energy'' and inserting ``facility energy''.

    (b) Definition of Renewable Energy Source.--Such subsection is 
further amended--
            (1) by striking ``It shall be'' and inserting ``(1) It shall 
        be''; and
            (2) by adding at the end the following new paragraph:

    ``(2) In this subsection, the term `renewable energy source' means 
energy generated from renewable sources, including the following:
            ``(A) Solar.
            ``(B) Wind.
            ``(C) Biomass.
            ``(D) Landfill gas.

[[Page 123 STAT. 2681]]

            ``(E) Ocean, including tidal, wave, current, and thermal.
            ``(F) Geothermal, including electricity and heat pumps.
            ``(G) Municipal solid waste.
            ``(H) New hydroelectric generation capacity achieved from 
        increased efficiency or additions of new capacity at an existing 
        hydroelectric project. For purposes of this subparagraph, 
        hydroelectric generation capacity is `new' if it was placed in 
        service on or after January 1, 1999.
            ``(I) Thermal energy generated by any of the preceding 
        sources.''.

    (c) Clerical Amendment.--The heading of such subsection is amended 
by striking ``Electricity Needs'' and inserting ``Facility Energy 
Needs''.
SEC. 2843. DEPARTMENT OF DEFENSE PARTICIPATION IN PROGRAMS FOR 
                          MANAGEMENT OF ENERGY DEMAND OR REDUCTION 
                          OF ENERGY USAGE DURING PEAK PERIODS.

    (a) In General.--Subchapter I of chapter 173 of title 10, United 
States Code, is amended by adding at the end the following new section:
``Sec. 2919. Department of Defense participation in programs for 
                  management of energy demand or reduction of 
                  energy usage during peak periods

    ``(a) Participation in Demand Response or Load Management 
Programs.--The Secretary of Defense, the Secretaries of the military 
departments, the heads of the Defense Agencies, and the heads of other 
instrumentalities of the Department of Defense are authorized to 
participate in demand response programs for the management of energy 
demand or the reduction of energy usage during peak periods conducted by 
any of the following parties:
            ``(1) An electric utility.
            ``(2) An independent system operator.
            ``(3) A State agency.
            ``(4) A third party entity (such as a demand response 
        aggregator or curtailment service provider) implementing demand 
        response programs on behalf of an electric utility, independent 
        system operator, or State agency.

    ``(b) Treatment of Certain Financial Incentives.--Financial 
incentives received from an entity specified in subsection (a) shall 
be--
            ``(1) received as a cost reduction in the utility bill for a 
        facility; or
            ``(2) deposited into the fund established under subsection 
        (c) for use, to the extent provided for in an appropriations 
        Act, by the military department, Defense Agency, or 
        instrumentality receiving such financial incentive for energy 
        management initiatives.

    ``(c) Energy Savings Financial Incentives Fund.--There is 
established in the Treasury a fund to be known as the `Energy Savings 
Financial Incentives Fund'. The Fund shall consist of any amount 
deposited in the Fund pursuant to subsection (b)(2) and amounts 
appropriated or otherwise made available to the Fund by law.''.

[[Page 123 STAT. 2682]]

    (b) Clerical Amendment.--The table of sections at the beginning of 
such subchapter is amended by adding at the end the following new item:

``2919. Department of Defense participation in programs for management 
           of energy demand or reduction of energy usage during peak 
           periods.''.

SEC. 2844. DEPARTMENT OF DEFENSE USE OF ELECTRIC AND HYBRID MOTOR 
                          VEHICLES.

    (a) Preference.--Subchapter II of chapter 173 of title 10, United 
States Code, is amended by adding at the end the following new section:
``Sec. 2922g. Preference for motor vehicles using electric or 
                    hybrid propulsion systems

    ``(a) Preference.--In leasing or procuring motor vehicles for use by 
a military department or Defense Agency, the Secretary of the military 
department or the head of the Defense Agency shall provide a preference 
for the lease or procurement of motor vehicles using electric or hybrid 
propulsion systems, including plug-in hybrid systems, if the electric or 
hybrid vehicles--
            ``(1) will meet the requirements or needs of the Department 
        of Defense; and
            ``(2) are commercially available at a cost, including 
        operating cost, reasonably comparable to motor vehicles 
        containing only an internal combustion or heat engine using 
        combustible fuel.

    ``(b) Exception.--Subsection (a) does not apply with respect to 
tactical vehicles designed for use in combat.
    ``(c) Relation to Other Vehicle Technologies That Reduce Consumption 
of Fossil Fuels.-- <<NOTE: Determination.>> The preference required by 
subsection (a) does not preclude the Secretary of Defense from 
authorizing the Secretary of a military department or head of a Defense 
Agency to provide a preference for another vehicle technology that 
reduces the consumption of fossil fuels if the Secretary of Defense 
determines that the technology is consistent with the energy performance 
goals and plan of the Department required by section 2911 of this title.

    ``(d) Hybrid Defined.--In this section, the term `hybrid', with 
respect to a motor vehicle, means a motor vehicle that draws propulsion 
energy from onboard sources of stored energy that are both--
            ``(1) an internal combustion or heat engine using 
        combustible fuel; and
            ``(2) a rechargeable energy storage system.''.

    (b) Clerical Amendment.--The table of sections at the beginning of 
such subchapter is amended by adding at the end the following new item:

``2922g. Preference for motor vehicles using electric or hybrid 
           propulsion systems.''.

    (c) <<NOTE: Deadline. 10 USC 2922g note.>> Regulations.--The 
Secretary of Defense shall prescribe regulations to implement section 
2922g of title 10, United States Code, as added by subsection (a), 
within one year after the date of the enactment of this Act.

[[Page 123 STAT. 2683]]

SEC. 2845. STUDY ON DEVELOPMENT OF NUCLEAR POWER PLANTS ON 
                          MILITARY INSTALLATIONS.

    (a) Study Required.--The Secretary of Defense shall conduct a study 
to assess the feasibility of developing nuclear power plants on military 
installations.
    (b) Elements.--As part of the study required by subsection (a), the 
Secretary shall--
            (1) summarize options available to the Department to enter 
        into public-private partnerships or other transactions for the 
        construction and operation of the nuclear power plants;
            (2) estimate the potential cost per kilowatt-hour and life-
        cycle cost savings to the Department;
            (3) consider the potential energy security advantages of 
        generating electricity on military installations through the use 
        of nuclear power plants;
            (4) assess the additional infrastructure that would be 
        needed to enable the power plants to provide power through the 
        general electricity grid and to military installations in the 
        event of a commercial grid failure;
            (5) consider the potential impact on the quality of life of 
        personnel stationed at military installations at which a nuclear 
        power plant is installed and ways to mitigate those impacts;
            (6) review the range of Federal, State, and local regulatory 
        processes governing the establishment of nuclear power plants on 
        military installations;
            (7) assess the degree to which nuclear power plants might 
        adversely affect operations on military installations, including 
        consideration of training and readiness requirements;
            (8) assess potential environmental liabilities for the 
        Department;
            (9) consider factors impacting safe co-location and 
        operation of nuclear power plants on military installations; and
            (10) consider other factors that affect the development of 
        nuclear power plants on military installations.

    (c) <<NOTE: Deadline. Reports.>> Submission of Results of Study.--
Not later than June 1, 2010, the Secretary shall submit to the 
Committees on Armed Services of the Senate and House of Representatives 
a report containing the results of the study required by subsection (a).
SEC. 2846. COMPTROLLER GENERAL REPORT ON DEPARTMENT OF DEFENSE 
                          RENEWABLE ENERGY INITIATIVES, INCLUDING 
                          SOLAR INITIATIVES, ON MILITARY 
                          INSTALLATIONS.

    (a) Report Required.--Not later than 180 days after the date of the 
enactment of this Act, the Comptroller General shall submit to Congress 
a report describing all renewable energy initiatives, including projects 
involving the installation of solar panels, that are currently producing 
energy or are under development on military installations.
    (b) Elements.--The report required by subsection (a) shall--
            (1) specify the costs associated with each renewable energy 
        initiative;
            (2) address whether the renewable energy initiative has a 
        clearly delineated set of goals or targets and whether the goals 
        or targets are being met or are likely to be met by the 
        completion of the renewable energy initiative; and

[[Page 123 STAT. 2684]]

            (3) contain recommendations for legislative or 
        administrative actions that will assist--
                    (A) renewable energy initiatives in meeting the 
                goals or targets; and
                    (B) the Department of Defense in achieving its 
                renewable energy goal by 2025, as specified in section 
                2911(e) of title 10, United States Code.

                      Subtitle E--Land Conveyances

SEC. 2851. LAND CONVEYANCE, HAINES TANK FARM, HAINES, ALASKA.

    (a) Conveyance Authorized.--The Secretary of the Army may convey to 
the Chilkoot Indian Association (in this section referred to as the 
``Association'') all right, title, and interest of the United States in 
and to a parcel of real property, including improvements thereon, 
consisting of approximately 201 acres located at the former Haines Fuel 
Terminal (also known as the Haines Tank Farm) in Haines, Alaska, for the 
purpose of permitting the Association to develop a Deep Sea Port and for 
other industrial and commercial development purposes. To the extent 
practicable, the Secretary is encouraged to complete the conveyance by 
September 30, 2013, but not prior to the date of completion of all 
obligations referenced in subsection (e).
    (b) Consideration.-- <<NOTE: Payments. Determination.>> As 
consideration for the conveyance under subsection (a), the Association 
shall pay to the Secretary an amount equal to the fair market value of 
the property, as determined by the Secretary. The determination of the 
Secretary shall be final.

    (c) Reversionary Interest.--If the Secretary determines at any time 
that the real property conveyed under subsection (a) is not being used 
in accordance with the purpose of the conveyance, all right, title, and 
interest in and to such real property, including any improvements and 
appurtenant easements thereto, shall, at the option of the Secretary, 
revert to and become the property of the United States, and the United 
States shall have the right of immediate entry onto such real 
property. <<NOTE: Records.>> A determination by the Secretary under this 
subsection shall be made on the record after an opportunity for a 
hearing.

    (d) Payment of Costs of Conveyances.--
            (1) Payment required.--The Secretary shall require the 
        Association to cover costs to be incurred by the Secretary, or 
        to reimburse the Secretary for costs incurred by the Secretary, 
        to carry out the conveyance under subsection (a), including 
        survey costs, costs related to environmental documentation, and 
        other administrative costs related to the conveyance. If amounts 
        are collected from the Association in advance of the Secretary 
        incurring the actual costs, and the amount collected exceeds the 
        costs actually incurred by the Secretary to carry out the 
        conveyance, the Secretary shall refund the excess amount to the 
        Association.
            (2) Treatment of amounts received.--Amounts received as 
        reimbursements under paragraph (1) shall be credited to the fund 
        or account that was used to cover the costs incurred by the 
        Secretary in carrying out the conveyance. Amounts so credited 
        shall be merged with amounts in such fund or account and shall 
        be available for the same purposes, and

[[Page 123 STAT. 2685]]

        subject to the same conditions and limitations, as amounts in 
        such fund or account.

    (e) Savings Provision.--Nothing in this section shall be construed 
to affect or limit the application of, or any obligation to comply with, 
any environmental law, including the National Environmental Policy Act 
(42 U.S.C. 4321 et seq.), the Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.) and the 
Solid Waste Disposal Act (42 U.S.C. 6901 et seq.).
    (f) Description of Property.-- <<NOTE: Determination. Survey.>> The 
exact acreage and legal description of the real property to be conveyed 
under this section shall be determined by a survey satisfactory to the 
Secretary.

    (g) Additional Term and Conditions.--The Secretary may require such 
additional terms and conditions in connection with the conveyance under 
this section as the Secretary considers appropriate to protect the 
interests of the United States.
SEC. 2852. RELEASE OF REVERSIONARY INTEREST, CAMP JOSEPH T. 
                          ROBINSON, ARKANSAS.

    The United States releases to the State of Arkansas the reversionary 
interest described in sections 2 and 3 of the Act entitled ``An Act 
authorizing the transfer of part of Camp Joseph T. Robinson to the State 
of Arkansas' ''', approved June 30, 1950 (64 Stat. 311, chapter 429), in 
and to the surface estate of the land constituting Camp Joseph T. 
Robinson, Arkansas, which is comprised of 40.515 acres of land to be 
acquired by the United States of America and 40.513 acres to be acquired 
by the City of North Little Rock, Arkansas, and lies in sections 6, 8, 
and 9 of township 2 North, Range 12 West, Pulaski County, Arkansas.
SEC. 2853. TRANSFER OF ADMINISTRATIVE JURISDICTION, PORT CHICAGO 
                          NAVAL MAGAZINE, CALIFORNIA.

    (a) Transfer Required; Administration.--Section 203 of the Port 
Chicago National Memorial Act of 1992 (Public Law 102-562; 16 U.S.C. 431 
note; 106 Stat. 4235) is amended by striking subsection (c) and 
inserting the following new subsections:
    ``(c) Administration.--The Secretary of the Interior shall 
administer the Port Chicago Naval Magazine National Memorial as a unit 
of the National Park System in accordance with this Act and laws 
generally applicable to units of the National Park System, including the 
National Park Service Organic Act (39 Stat. 535; 16 U.S.C. 1 et seq.) 
and the Act of August 21, 1935 (49 Stat. 666; 16 U.S.C. 461 et seq.). 
Land transferred to the administrative jurisdiction of the Secretary of 
the Interior under subsection (d) shall be administered in accordance 
with this subsection.
    ``(d) Transfer of Land.-- <<NOTE: Determination.>> The Secretary of 
the Army shall transfer to the Secretary of the Interior administrative 
jurisdiction over of a parcel of land consisting of approximately five 
acres, depicted within the proposed boundary on the map entitled `Port 
Chicago Naval Magazine National Memorial, Proposed Boundary', numbered 
018/80,001, and dated August 2005, if the Secretary of the Army 
determines that the land is in excess to military 
needs. <<NOTE: Contracts.>> At the time of the transfer of 
administrative jurisdiction, the Secretary of the Army and the Secretary 
of the Interior shall enter into an agreement to determine the 
responsibilities of the respective agencies in the application of, or 
obligation to comply with, any applicable environmental law affecting 
the transferred

[[Page 123 STAT. 2686]]

land, including the Comprehensive Environmental Response, Compensation, 
and Liability Act of 1980 (42 U.S.C. 9601 et seq.).

    ``(e) Public Access.-- <<NOTE: Contracts.>> The Secretary of the 
Army shall enter into an agreement with the Secretary of the Interior to 
provide as much public access as possible to the Port Chicago Naval 
Magazine National Memorial without interfering with military needs. This 
subsection shall no longer apply if, at some point in the future, the 
National Memorial ceases to be an enclave within the Military Ocean 
Terminal-Concord.

    ``(f) Agreement With City of Concord and East Bay Regional Park 
District.--The Secretary of the Interior is authorized to enter into an 
agreement with the City of Concord, California, and the East Bay 
Regional Park District, to establish and operate a facility for visitor 
orientation and parking, administrative offices, and curatorial storage 
for the National Memorial.
    ``(g) Savings Provision.--Nothing in this section shall be construed 
to affect or limit the application of, or any obligation to comply with, 
any environmental law, including the National Environmental Policy Act 
(42 U.S.C. 4321 et seq.), the Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.) and the 
Solid Waste Disposal Act (42 U.S.C. 6901 et seq.).''.
    (b) Sense of Congress on Repair and Modification of National 
Memorial.--In accordance with public access provided by section 203(e) 
of the Port Chicago National Memorial Act of 1992, as amended by 
subsection (a), it is the sense of Congress that the Secretary of the 
Army and the Secretary of the Interior should work together to develop a 
process by which future repairs and modifications to mutually used 
infrastructure at the Port Chicago Naval Magazine National Memorial can 
be carried out in as timely and cost-effective a manner as possible.
SEC. 2854. LAND CONVEYANCE, FERNDALE HOUSING AT CENTERVILLE BEACH 
                          NAVAL FACILITY TO CITY OF FERNDALE, 
                          CALIFORNIA.

    (a) Conveyance Authorized.--At such time as the Navy vacates the 
Ferndale Housing, which previously supported the now closed Centerville 
Beach Naval Facility in the City of Ferndale, California, the Secretary 
of the Navy may convey, at fair market value, to the City of Ferndale 
(in this section referred to as the ``City''), all right, title, and 
interest of the United States in and to the parcels of real property, 
including improvements thereon, for the purpose of permitting the City 
to utilize the property for low- and moderate-income housing for 
seniors, families, or both.
    (b) Description of Property.-- <<NOTE: Determination. Survey.>> The 
exact acreage and legal description of the real property to be conveyed 
under subsection (a) shall be determined by a survey satisfactory to the 
Secretary of the Navy.

    (c) Payment of Costs of Conveyances.--
            (1) Payment required.--The Secretary of the Navy shall 
        require the City to cover costs to be incurred by the Secretary, 
        or to reimburse the Secretary for costs incurred by the 
        Secretary, to carry out the conveyance under subsection (a), 
        including survey costs, costs related to environmental 
        documentation, and other administrative costs related to the 
        conveyance. If amounts are collected from the city in advance of

[[Page 123 STAT. 2687]]

        the Secretary incurring the actual costs, and the amount 
        collected exceeds the costs actually incurred by the Secretary 
        to carry out the conveyance, the Secretary shall refund the 
        excess amount to the City.
            (2) Treatment of amounts received.--Amounts received as 
        reimbursements under paragraph (1) shall be credited to the fund 
        or account that was used to cover the costs incurred by the 
        Secretary of the Navy in carrying out the conveyance. Amounts so 
        credited shall be merged with amounts in such fund or account 
        and shall be available for the same purposes, and subject to the 
        same conditions and limitations, as amounts in such fund or 
        account.

    (d) Transfer of Proceeds Authorized.--The Secretary of Defense may 
transfer any proceeds received from the conveyance under subsection (a), 
less amounts received as reimbursement for costs under subsection (c), 
to the Department of Defense Family Housing Improvement Fund established 
under section 2883(a) of title 10, United States Code, for the purposes 
of carrying out activities under subchapter IV of chapter 169 of that 
title with respect to military family housing.
    (e) Additional Term and Conditions.--The Secretary of the Navy may 
require such additional terms and conditions in connection with the 
conveyance under subsection (a) as the Secretary of the Navy considers 
appropriate to protect the interests of the United States.
SEC. 2855. LAND CONVEYANCES, NAVAL AIR STATION, BARBERS POINT, 
                          HAWAII.

    (a) Conveyances Authorized.--The Secretary of the Navy may convey 
all right, title, and interest of the United States in and to the 
parcels of real property, including any improvements thereon, described 
in subsection (b) and located at former Naval Air Station, Barbers 
Point, Oahu, Hawaii--
            (1) to the Hawaii Community Development Authority (in this 
        section referred to as the ``Authority''), which is the local 
        redevelopment authority for former Naval Air Station, Barbers 
        Point; or
            (2) to the Department of Hawaiian Homelands (in this section 
        referred to as the ``Department'').

    (b) Covered Parcels.--The real property authorized to be conveyed 
under subsection (a) includes the following:
            (1) An approximately 10.569-acre parcel of land identified 
        as ``Parcel No. 13126 B'' and further identified by Oahu Tax Map 
        Key No. 9-1-031:047.
            (2) An approximately 145.785-acre parcel of land identified 
        as ``Parcel No. 13058 D'' and further identified by Oahu Tax Map 
        Key No. 9-1-013:039.
            (3) An approximately 9.303-acre parcel of land identified as 
        ``Parcel No. 13058 F'' and further identified by Oahu Tax Map 
        Key No. 9-1-013:041.
            (4) An approximately 57.937-acre parcel of land identified 
        as ``Parcel No. 13058 G'' and further identified by Oahu Tax Map 
        Key No. 9-1-013:042.
            (5) An approximately 11.501-acre parcel of land identified 
        as ``Parcel No. 13073 D'' and further identified by Oahu Tax Map 
        Key No. 9-1-013:069.

[[Page 123 STAT. 2688]]

            (6) An approximately 65.356-acre parcel of land identified 
        as ``Parcel No. 13073 B'' and further identified by Oahu Tax Map 
        Key No. 9-1-013:067.
            (7) Any other property at former Naval Air Station, Barbers 
        Point identified for closure through the base closure process.

    (c) Consideration.--
            (1) Authority conveyances.-- <<NOTE: Determination.>> Any 
        conveyance under subsection (a)(1) to the Authority shall be 
        made without consideration if the conveyed real property is to 
        be used for public benefit, as determined by the Secretary.
            (2) Department conveyances.--Any conveyance under subsection 
        (a)(2) to the Department shall be made to mitigate further 
        claims associated with the Hawaiian Home Lands Recovery Act 
        (title II of Public Law 104-42; 109 Stat. 357; 48 U.S.C. 491 
        note prec.).

    (d) Payment of Costs of Conveyances.--
            (1) Payment required.--The Secretary shall require the 
        Authority or the Department, as the case may be, to cover costs 
        to be incurred by the Secretary, or to reimburse the Secretary 
        for costs incurred by the Secretary, to carry out a conveyance 
        under subsection (a), including survey costs, costs related to 
        environmental documentation, and other administrative costs 
        related to the conveyance. If amounts are collected in advance 
        of the Secretary incurring the actual costs, and the amount 
        collected exceeds the costs actually incurred by the Secretary 
        to carry out the conveyance, the Secretary shall refund the 
        excess amount to the Authority or the Department, whichever 
        entity paid the excess amount.
            (2) Treatment of amounts received.--Amounts received as 
        reimbursements under paragraph (1) shall be credited to the fund 
        or account that was used to cover the costs incurred by the 
        Secretary in carrying out the conveyance. Amounts so credited 
        shall be merged with amounts in such fund or account and shall 
        be available for the same purposes, and subject to the same 
        conditions and limitations, as amounts in such fund or account.

    (e) Savings Provision.--Nothing in this section shall be construed 
to affect or limit the application of, or any obligation to comply with, 
any environmental law, including the Comprehensive Environmental 
Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et 
seq.) and the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.).
    (f) Description of Property.-- <<NOTE: Determination. Survey.>> The 
exact acreage and legal descriptions of the parcels of real property to 
be conveyed under subsection (a) shall be determined by a survey 
satisfactory to the Secretary.

    (g) Additional Terms and Conditions.--The Secretary may require such 
additional terms and conditions, including easements or covenants to 
protect cultural or natural resources, in connection with the 
conveyances under subsection (a) as the Secretary considers appropriate 
to protect the interests of the United States.
SEC. 2856. LAND CONVEYANCES OF CERTAIN PARCELS IN THE CAMP CATLIN 
                          AND OHANA NUI AREAS, PEARL HARBOR, 
                          HAWAII.

    (a) Conveyances Authorized.--The Secretary of the Navy may convey to 
any person or entity leasing or licensing real property located at Camp 
Catlin and Ohana Nui areas, Hawaii, as of the

[[Page 123 STAT. 2689]]

date of the enactment of this Act (in this section referred to as the 
``lessee'') all right, title, and interest of the United States in and 
to the portion of such property that is respectively leased or licensed 
by such person or entity for the purpose of continuing the same 
functions as are being conducted on the property as of the date of the 
enactment of this Act.
    (b) Consideration.--As consideration for a conveyance under 
subsection (a), the lessee shall provide the United States, whether by 
cash payment, in-kind consideration described in section 2667(c) of 
title 10, United States Code, or a combination thereof, an amount that 
is not less than the fair market of the conveyed property, as determined 
pursuant to an appraisal acceptable to the Secretary.
    (c) Exercise of Right To Purchase Property.--
            (1) Acceptance of offer.-- <<NOTE: Time 
        period. Notice.>> For a period of 180 days beginning on the date 
        the Secretary makes a written offer to convey the property or 
        any portion thereof under subsection (a), the lessee shall have 
        the exclusive right to accept such offer by providing written 
        notice of acceptance to the Secretary within the specified 180-
        day time period. <<NOTE: Expiration date.>> If the Secretary's 
        offer is not so accepted within the 180-day period, the offer 
        shall expire.
            (2) Conveyance deadline.--If a <<NOTE: Contracts.>>  lessee 
        accepts the offer to convey the property or a portion thereof in 
        accordance with paragraph (1), the conveyance shall take place 
        not later than 2 years after the date of the lessee's written 
        acceptance, provided that the conveyance date may be extended 
        for a reasonable period of time by mutual agreement of the 
        parties, evidenced by a written instrument executed by the 
        parties prior to the end of the 2-year period. If the lessee's 
        lease or license term expires before the conveyance is 
        completed, the Secretary may extend the lease or license term up 
        to the date of conveyance, provided that the lessee shall be 
        required to pay for such extended term at the rate in effect at 
        the time it was declared excess property.

    (d) Payment of Costs of Conveyances.--
            (1) Payment required.--The Secretary shall require the 
        lessee to cover costs to be incurred by the Secretary, or to 
        reimburse the Secretary for costs incurred by the Secretary, to 
        carry out a conveyance under subsection (a), including survey 
        costs, related to the conveyance. If amounts are collected from 
        the lessee in advance of the Secretary incurring the actual 
        costs, and the amount collected exceeds the costs actually 
        incurred by the Secretary to carry out the conveyance, the 
        Secretary shall refund the excess amount to the lessee.
            (2) Treatment of amounts received.--Amounts received under 
        paragraph (1) as reimbursement for costs incurred by the 
        Secretary to carry out a conveyance under subsection (a) shall 
        be credited to the fund or account that was used to cover the 
        costs incurred by the Secretary in carrying out the conveyance. 
        Amounts so credited shall be merged with amounts in such fund or 
        account and shall be available for the same purposes, and 
        subject to the same conditions and limitations, as amounts in 
        such fund or account.

    (e) Description of Property.-- <<NOTE: Determination. Survey.>> The 
exact acreage and legal description of any real property to be conveyed 
under subsection (a) shall be determined by a survey satisfactory to the 
Secretary.

    (f) Additional Term and Conditions.--The Secretary may require such 
additional terms and conditions in connection with

[[Page 123 STAT. 2690]]

a conveyance under subsection (a) as the Secretary considers appropriate 
to protect the interests of the United States.
SEC. 2857. MODIFICATION OF LAND CONVEYANCE, FORMER GRIFFISS AIR 
                          FORCE BASE, NEW YORK.

    (a) Additional Conveyance.--Subsection (a)(1) of section 2873 of the 
Military Construction Authorization Act for Fiscal Year 2005 (division B 
of Public Law 108-375; 118 Stat. 2152) is amended by striking ``two 
parcels'' and all that follows through the period at the end and 
inserting the following: ``three parcels of real property consisting of 
7.897 acres, 1.742 acres, and 5.037 acres, respectively, and containing 
all or a portion of the five buildings specified in paragraph (2), which 
were vacated, or will be vacated, by the Air Force in conjunction with 
its relocation to the Consolidated Intelligence and Reconnaissance 
Laboratory and to a replacement Modification and Fabrication Facility at 
Air Force Research Laboratory-Rome Research Site, Rome, New York.''.
    (b) Description of Property.--Subsection (a)(2) of such section is 
amended by adding at the end the following new subparagraph:
            ``(E) Bay Number 4 in Building 101 (approximately 115,000 
        square feet).''.

    (c) Purpose of Conveyance.--Subsection (a)(3) of such section is 
amended by adding before the period at the end the following: ``and to 
provide adequate reimbursement, real property, and replacement 
facilities for the Air Force Research Laboratory units that are 
relocated as a result of the conveyance''.
    (d) Consideration.--Subsection (c) of such section is amended--
            (1) by striking ``in-kind contribution'' and inserting ``in-
        kind consideration (including land and new facilities)''; and
            (2) by adding at the end the following new sentence: ``Any 
        cash payment received by the Secretary under this subsection 
        shall be deposited in the special account established for the 
        Secretary under section 2667(e) of title 10, United States Code, 
        and shall be available to the Secretary for the same uses and 
        subject to the same limitations as provided in that section.''.
SEC. 2858. LAND CONVEYANCE, ARMY RESERVE CENTER, CHAMBERSBURG, 
                          PENNSYLVANIA.

    (a) Conveyance Authorized.--At such time as the Army Reserve vacates 
the Army Reserve Center at 721 South Sixth Street, Chambersburg, 
Pennsylvania, the Secretary of the Army may convey, without 
consideration, to the Chambersburg Area School District (in this section 
referred to as the ``School District''), all right, title, and interest 
of the United States in and to the Reserve Center for the purpose of 
permitting the School District to utilize the property for educational 
and educational-support activities.
    (b) <<NOTE: Determination.>> Reversionary Interest.--If the 
Secretary determines at any time that the real property conveyed under 
subsection (a) is not being used in accordance with the purpose of the 
conveyance, all right, title, and interest in and to such real property, 
including any improvements and appurtenant easements thereto, shall, at 
the option of the Secretary, revert to and become the property of the 
United States, and the United States shall have the right of immediate 
entry onto such real property. <<NOTE: Records.>> A determination by

[[Page 123 STAT. 2691]]

the Secretary under this subsection shall be made on the record after an 
opportunity for a hearing.

    (c) Description of Property.--The exact acreage and legal 
description of the real property to be conveyed under subsection (a) 
shall be determined by a survey satisfactory to the Secretary.
    (d) Payment of Costs of Conveyances.--
            (1) Payment required.--The Secretary shall require the 
        School District to cover costs to be incurred by the Secretary, 
        or to reimburse the Secretary for costs incurred by the 
        Secretary, to carry out the conveyance under subsection (a), 
        including survey costs, costs related to environmental 
        documentation, and other administrative costs related to the 
        conveyance. If amounts are collected from the School District in 
        advance of the Secretary incurring the actual costs, and the 
        amount collected exceeds the costs actually incurred by the 
        Secretary to carry out the conveyance, the Secretary shall 
        refund the excess amount to the School District.
            (2) Treatment of amounts received.--Amounts received as 
        reimbursements under paragraph (1) shall be credited to the fund 
        or account that was used to cover the costs incurred by the 
        Secretary in carrying out the conveyance. Amounts so credited 
        shall be merged with amounts in such fund or account and shall 
        be available for the same purposes, and subject to the same 
        conditions and limitations, as amounts in such fund or account.

    (e) Additional Term and Conditions.--The Secretary may require such 
additional terms and conditions in connection with the conveyance under 
subsection (a) as the Secretary considers appropriate to protect the 
interests of the United States.
SEC. 2859. LAND CONVEYANCE, ELLSWORTH AIR FORCE BASE, SOUTH 
                          DAKOTA.

    (a) Change in Recipient Under Existing Authority.--
            (1) In general.--Section 2863(a) of the Military 
        Construction Act for Fiscal Year 1998 (division B of Public Law 
        105-85; 111 Stat. 2010), as amended by section 2865(a) of the 
        Military Construction Act for Fiscal Year 2001 (as enacted into 
        law by Public Law 106-398; 114 Stat. 1654A-435), is further 
        amended by striking ``West River Foundation for Economic and 
        Community Development, Sturgis, South Dakota (in this section 
        referred to as the `Foundation')'' and inserting ``South Dakota 
        Ellsworth Development Authority, Pierre, South Dakota (in this 
        section referred to as the `Authority')''.
            (2) Technical and conforming amendments.--Section 2863 of 
        the Military Construction Act for Fiscal Year 1998 (division B 
        of Public Law 105-85; 111 Stat. 2010), as amended by section 
        2865(b) of the Military Construction Act for Fiscal Year 2001 
        (as enacted into law by Public Law 106-398; 114 Stat. 1654A-
        435), is further amended--
                    (A) by striking ``Foundation'' each place it appears 
                in subsections (c) and (e) and inserting ``Authority'';
                    (B) in subsection (b)(1)--
                          (i) in subparagraph (B), by striking ``137.56 
                      acres'' and inserting ``120.70 acres''; and
                          (ii) by striking subparagraphs (C), (D), and 
                      (E).

    (b) New Conveyance Authority.--

[[Page 123 STAT. 2692]]

            (1) Conveyance authorized.--The Secretary of the Air Force 
        may convey, without consideration, to the South Dakota Ellsworth 
        Development Authority, Pierre, South Dakota (in this subsection 
        referred to as the ``Authority''), all right, title, and 
        interest of the United States in and to the parcels of real 
        property located at Ellsworth Air Force Base, South Dakota, 
        referred to in paragraph (2).
            (2) Covered property.--The real property referred to in 
        paragraph (1) is the following:
                    (A) A parcel of real property, together with any 
                improvements thereon, consisting of approximately 2.37 
                acres and comprising the 11000 West Communications 
                Annex.
                    (B) A parcel of real property, together with any 
                improvements thereon, consisting of approximately 6.643 
                acres and comprising the South Nike Education Annex.
            (3) Condition.--As a condition of the conveyance under this 
        subsection, the Authority, and any person or entity to which the 
        Authority transfers the property, shall comply in the use of the 
        property with the applicable provisions of the Ellsworth Air 
        Force Base Air Installation Compatible Use Zone Study.
            (4) <<NOTE: Determination.>> Reversionary interest.--If the 
        Secretary determines at any time that the real property conveyed 
        under paragraph (1) is not being used in compliance with the 
        applicable provisions of the Ellsworth Air Force Base Air 
        Installation Compatible Use Zone Study, all right, title, and 
        interest in and to such real property, including any 
        improvements and appurtenant easements thereto, shall, at the 
        option of the Secretary, revert to and become the property of 
        the United States, and the United States shall have the right of 
        immediate entry onto such real property. <<NOTE: Records.>> A 
        determination by the Secretary under this paragraph shall be 
        made on the record after an opportunity for a hearing.
            (5) Description of property.--The exact acreage and legal 
        description of the real property to be conveyed under this 
        subsection shall be determined by a survey satisfactory to the 
        Secretary.
            (6) Additional terms and conditions.--The Secretary may 
        require such additional terms and conditions in connection with 
        the conveyance under this subsection as the Secretary considers 
        appropriate to protect the interests of the United States.
SEC. 2860. LAND CONVEYANCE, LACKLAND AIR FORCE BASE, TEXAS.

    (a) Conveyance Authorized.--The Secretary of the Air Force may 
convey to an eligible entity, all right, title, and interest of the 
United States to not more than 250 acres of real property and associated 
easements and improvements on Lackland Air Force Base, Texas, in 
exchange for real property adjacent to or near the installation for the 
purpose of relocating and consolidating Air Force tenants located on the 
former Kelly Air Force Base, Texas, onto the main portion of Lackland 
Air Force Base.
    (b) Condition of Conveyance.--The conveyance under subsection (a) 
shall be subject to the condition that the eligible entity accept the 
real property in its condition at the time of the conveyance.

[[Page 123 STAT. 2693]]

    (c) Eligible Entities.--A conveyance under this section may be made 
to the City of San Antonio, Texas, or an organization or agency 
chartered or sponsored by the local or State government.
    (d) Consideration.--As consideration for the conveyance under 
subsection (a), the eligible entity shall provide the Air Force with 
real property or real property improvements, or a combination of both, 
of equal value, as determined by the Secretary. If the fair market value 
of the real property or real property improvements, or combination 
thereof, is less than the fair market value of the real property to be 
conveyed by the Air Force, the eligible entity shall provide cash 
payment to the Air Force, or provide Lackland Air Force Base with in-
kind consideration of an amount equal to the difference in the fair 
market values. Any cash payment received by the Air Force for the 
conveyance authorized by subsection (a) shall be deposited in the 
special account described in section 2667(e) of title 10, United States 
Code, and shall be available to the Secretary for the same uses and 
subject to the same limitations as provided in that section.
    (e) Payment of Costs of Conveyance.--
            (1) In general.--The Secretary may require the eligible 
        entity to cover costs to be incurred by the Secretary, or to 
        reimburse the Secretary for costs incurred by the Secretary, to 
        carry out the conveyances under this section, including survey 
        costs, costs related to environmental documentation, and other 
        administrative costs related to the conveyances. If amounts are 
        collected from the eligible entity in advance of the Secretary 
        incurring the actual costs, and the amount collected exceeds the 
        costs actually incurred by the Secretary to carry out the 
        conveyance, the Secretary shall refund the excess amount to the 
        eligible entity.
            (2) Treatment of amounts received.--Amounts received as 
        reimbursement under paragraph (1) shall be credited to the fund 
        or account that was used to cover the costs incurred by the 
        Secretary in carrying out the conveyances. Amounts so credited 
        shall be merged with amounts in such fund or account, and shall 
        be available for the same purposes, and subject to the same 
        conditions and limitations, as amounts in such fund or account.

    (f) Savings Provision.--Nothing in this section shall be construed 
to affect or limit the application of, or any obligation to comply with, 
any environmental law, including the National Environmental Policy Act 
(42 U.S.C. 4321 et seq.), the Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.), and 
the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.).
    (g) Description of Property.--The exact acreage and legal 
description of the real property to be conveyed under subsection (a) 
shall be determined by a survey satisfactory to the Secretary.
    (h) Additional Terms and Conditions.--The Secretary may require such 
additional terms and conditions in connection with the conveyances under 
this section as the Secretary considers appropriate to protect the 
interests of the United States.
SEC. 2861. LAND CONVEYANCE, NAVAL AIR STATION OCEANA, VIRGINIA.

    (a) Conveyance Authorized.--The Secretary of the Navy may convey to 
the City of Virginia Beach, Virginia (in this section

[[Page 123 STAT. 2694]]

referred to as the ``City''), all right, title, and interest of the 
United States in and to a parcel of real property, including any 
improvements thereon, consisting of approximately 2.4 acres at Naval Air 
Station, Oceana, Virginia, for the purpose of permitting the City to 
expand services to support the Marine Animal Care Center.
    (b) Consideration.--As consideration for the conveyance under 
subsection (a), the City shall provide compensation to the Secretary of 
the Navy in an amount equal to the fair market value of the real 
property conveyed under such subsection, as determined by appraisals 
acceptable to the Secretary.
    (c) Description of Property.--The exact acreage and legal 
description of the real property to be exchanged under this section 
shall be determined by surveys satisfactory to the Secretary.
    (d) Payment of Costs of Conveyances.--
            (1) Payment required.--The Secretary shall require the City 
        to cover costs to be incurred by the Secretary, or to reimburse 
        the Secretary for costs incurred by the Secretary, to carry out 
        the conveyance under this section, including survey costs 
        related to the conveyance. If amounts are collected from the 
        City in advance of the Secretary incurring the actual costs, and 
        the amount collected exceeds the costs actually incurred by the 
        Secretary to carry out the conveyance, the Secretary shall 
        refund the excess amount to the City.
            (2) Treatment of amounts received.--Amounts received under 
        paragraph (1) as reimbursement for costs incurred by the 
        Secretary to carry out the conveyance under this section shall 
        be credited to the fund or account that was used to cover the 
        costs incurred by the Secretary in carrying out the conveyance. 
        Amounts so credited shall be merged with amounts in such fund or 
        account and shall be available for the same purposes, and 
        subject to the same conditions and limitations, as amounts in 
        such fund or account.

    (e) Additional Terms and Conditions.--The Secretary may require such 
additional terms and conditions in connection with the conveyance under 
this section as the Secretary considers appropriate to protect the 
interests of the United States.
SEC. 2862. COMPLETION OF LAND EXCHANGE AND CONSOLIDATION, FORT 
                          LEWIS, WASHINGTON.

    Subsection (a)(1) of section 2837 of the Military Construction 
Authorization Act for Fiscal Year 2002 (division B of Public Law 107-
107; 115 Stat. 1315), as amended by section 2852 of the Military 
Construction Authorization Act for Fiscal Year 2005 (division B of 
Public Law 108-375; 118 Stat. 2143), is further amended--
            (1) <<NOTE: Deadline.>> in the first sentence, by striking 
        ``The Secretary of the Army may transfer'' and inserting ``Not 
        later than 60 days after the date of the enactment of the 
        Military Construction Authorization Act for Fiscal Year 2010, 
        the Secretary of the Army shall transfer''; and
            (2) in the second sentence--
                    (A) by striking ``may make the transfer'' and 
                inserting ``shall make the transfer''; and
                    (B) by striking ``may accept'' and inserting ``shall 
                accept''.

[[Page 123 STAT. 2695]]

SEC. 2863. LAND CONVEYANCE, F.E. WARREN AIR FORCE BASE, CHEYENNE, 
                          WYOMING.

    (a) Conveyance Authorized.--The Secretary of the Air Force may 
convey to the County of Laramie, Wyoming (in this section referred to as 
the ``County'') all right, title, and interest of the United States in 
and to a parcel of real property, including any improvements thereon and 
appurtenant easements thereto, consisting of approximately 73 acres 
along the southeastern boundary of F.E. Warren Air Force Base, Cheyenne, 
Wyoming, for the purpose of removing the property from the boundaries of 
the installation and permitting the County to preserve the entire 
property for healthcare facilities.
    (b) Consideration.--
            (1) In general.--As consideration for the conveyance under 
        subsection (a), the County shall provide the United States 
        consideration, whether by cash payment, in-kind consideration as 
        described under paragraph (2), or a combination thereof, in an 
        amount that is not less than the fair market value of the 
        conveyed real property, as determined by the Secretary.
            (2) In-kind consideration.--In-kind consideration provided 
        by the County under paragraph (1) may include the acquisition, 
        construction, provision, improvement, maintenance, repair, or 
        restoration (including environmental restoration), or 
        combination thereof, of any facilities or infrastructure 
        relating to the security of F.E. Warren Air Force Base, that the 
        Secretary considers acceptable.
            (3) Relation to other laws.--Sections 2662 and 2802 of title 
        10, United States Code, shall not apply to any new facilities or 
        infrastructure received by the United States as in-kind 
        consideration under paragraph (2).
            (4) Notice to congress.--The Secretary shall provide written 
        notification to the congressional defense committees of the 
        types and value of consideration provided the United States 
        under paragraph (1).
            (5) Treatment of cash consideration received.--Any cash 
        payment received by the United States under paragraph (1) shall 
        be deposited in the special account described in section 2667(e) 
        of title 10, United States Code, and shall be available in 
        accordance with paragraph (5)(B)(ii) of such subsection.

    (c) Reversionary Interest.--
            (1) <<NOTE: Determination.>> In general.--If the Secretary 
        determines at any time that the County is not using the property 
        conveyed under subsection (a) in accordance with the purpose of 
        the conveyance specified in such subsection, all right, title, 
        and interest in and to the property, including any improvements 
        thereon, shall revert, at the option of the Secretary, to the 
        United States, and the United States shall have the right of 
        immediate entry onto the property. <<NOTE: Records.>> Any 
        determination of the Secretary under this subsection shall be 
        made on the record after an opportunity for a hearing.
            (2) Release of reversionary interest.--The Secretary shall 
        release, without consideration, the reversionary interest 
        retained by the United States under paragraph (1) if--
                    (A) F.E. Warren Air Force Base, Cheyenne Wyoming, is 
                no longer being used for Department of Defense 
                activities; or

[[Page 123 STAT. 2696]]

                    (B) <<NOTE: Determination.>> the Secretary 
                determines that the reversionary interest is otherwise 
                unnecessary to protect the interests of the United 
                States.

    (d) Payment of Costs of Conveyance.--
            (1) Payment required.--The Secretary shall require the 
        County to cover costs to be incurred by the Secretary, or to 
        reimburse the Secretary for costs incurred by the Secretary, to 
        carry out the conveyance under subsection (a) and implement the 
        receipt of in-kind consideration under paragraph (b), including 
        survey costs, appraisal costs, costs related to environmental 
        documentation, and other administrative costs related to the 
        conveyance and receipt of in-kind consideration. If amounts are 
        received from the County in advance of the Secretary incurring 
        the actual costs, and the amount received exceeds the costs 
        actually incurred by the Secretary under this section, the 
        Secretary shall refund the excess amount to the County.
            (2) Treatment of amounts received.--Amounts received as 
        reimbursements under paragraph (1) shall be credited to the fund 
        or account that was used to cover the costs incurred by the 
        Secretary in carrying out the conveyance and implementing the 
        receipt of in-kind consideration. Amounts so credited shall be 
        merged with amounts in such fund or account and shall be 
        available for the same purposes, and subject to the same 
        conditions and limitations, as amounts in such fund or account.

    (e) <<NOTE: Determination. Survey.>> Description of Real Property.--
The exact acreage and legal description of the real property to be 
conveyed under subsection (a) shall be determined by a survey 
satisfactory to the Secretary.

    (f) Additional Terms and Conditions.--The Secretary may require such 
additional terms and conditions in connection with the conveyance under 
subsection (a) as the Secretary considers appropriate to protect the 
interests of the United States.

                        Subtitle F--Other Matters

SEC. 2871. REVISED AUTHORITY TO ESTABLISH NATIONAL MONUMENT TO 
                          HONOR UNITED STATES ARMED FORCES WORKING 
                          DOG TEAMS.

    Section 2877 of the National Defense Authorization Act for Fiscal 
Year 2008 (Public Law 110-181; 122 Stat. 563; 16 U.S.C. 431 note) is 
amended by striking ``National War Dogs Monument, Inc.,'' both places it 
appears and inserting ``John Burnam Monument Foundation, Inc.,''.
SEC. 2872. NATIONAL D-DAY MEMORIAL STUDY.

    (a) Definitions.--In this section:
            (1) Area.--The term ``Area'' means in the National D-Day 
        Memorial in Bedford, Virginia.
            (2) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior, acting through the Director of the National 
        Park Service.

    (b) Study.--
            (1) In general.--The Secretary may conduct a study of the 
        Area to evaluate the national significance of the Area

[[Page 123 STAT. 2697]]

        and suitability and feasibility of designating the Area as a 
        unit of the National Park System.
            (2) Criteria.--In conducting the study authorized under 
        paragraph (1), the Secretary shall use the criteria for the 
        study of areas for potential inclusion in the National Park 
        System in section 8(c) of Public Law 91-383 (16 U.S.C. 1a-5(c)).
            (3) Contents.--The study authorized under paragraph (1) 
        shall--
                    (A) determine the suitability and feasibility of 
                designating the Area as a unit of the National Park 
                System;
                    (B) include cost estimates for any necessary 
                acquisition, development, operation, and maintenance of 
                the Area; and
                    (C) identify alternatives for the management, 
                administration, and protection of the Area.

    (c) <<NOTE: Applicability.>> Report.--Section 8(c) of Public Law 91-
383 (16 U.S.C. 1a-5(c)) shall apply to the conduct of the study 
authorized under this section, except that the study shall be submitted 
to the Committee on Natural Resources of the House of Representatives 
and the Committee on Energy and Natural Resources of the Senate not 
later than 3 years after the date on which funds are first made 
available for the study.
SEC. 2873. CONDITIONS ON ESTABLISHMENT OF COOPERATIVE SECURITY 
                          LOCATION IN PALANQUERO, COLOMBIA.

    (a) Congressional Notification of Agreement.-- <<NOTE: Time 
period. Certification.>> None of the amounts authorized to be 
appropriated by this division or otherwise made available for military 
construction for fiscal year 2010 may be obligated to commence 
construction of a Cooperative Security Location at the German Olano 
Moreno Airbase (the Palanquero AB Development Project) in Palanquero, 
Colombia, until at least 15 days after the date on which the Secretary 
of Defense certifies to the congressional defense committees that an 
agreement has been entered into with the Government of Colombia to allow 
access to and use of its facilities at the German Olano Moreno Airbase 
for the duration of the agreement to carry out mutually agreed-upon 
activities.

    (b) Prohibition on Permanent United States Military Installation.--
The agreement referred to in subsection (a) may not provide for or 
authorize the establishment of a United States military installation or 
base for the permanent stationing of United States Armed Forces in 
Colombia.
SEC. 2874. MILITARY ACTIVITIES AT UNITED STATES MARINE CORPS 
                          MOUNTAIN WARFARE TRAINING CENTER.

    Section 1806 of the Omnibus Public Land Management Act of 2009 
(Public Law 111-11; 123 Stat. 1059; 16 U.S.C. 460vvv) is amended by 
adding at the end the following new subsection:
    ``(g) Military Activities at United States Marine Corps Mountain 
Warfare Training Center.--The designation of the Bridgeport Winter 
Recreation Area by this section is not intended to restrict or preclude 
the activities conducted by the United States Armed Forces at the United 
States Marine Corps Mountain Warfare Training Center.''.

[[Page 123 STAT. 2698]]

   TITLE XXIX--OVERSEAS CONTINGENCY OPERATIONS MILITARY CONSTRUCTION 
                             AUTHORIZATIONS

Sec. 2901. Authorized Army construction and land acquisition projects.
Sec. 2902. Authorized Air Force construction and land acquisition 
           projects.
Sec. 2903. Construction authorization for facilities for Office of 
           Defense Representative-Pakistan.

SEC. 2901. AUTHORIZED ARMY CONSTRUCTION AND LAND ACQUISITION 
                          PROJECTS.

    (a) Outside the United States.--Using amounts appropriated pursuant 
to the authorization of appropriations in subsection (b)(1), the 
Secretary of the Army may acquire real property and carry out military 
construction projects for the installations or locations outside the 
United States, and in the amounts, set forth in the following table:

                                         Army: Outside the United States
----------------------------------------------------------------------------------------------------------------
                    Country                                  Installation or Location                 Amount
----------------------------------------------------------------------------------------------------------------
Afghanistan....................................  Airborne.......................................      $7,800,000
                                                 Altimur........................................      $7,750,000
                                                 Asadabad.......................................      $5,500,000
                                                 Bagram Air Base................................    $132,850,000
                                                 Camp Joyce.....................................      $7,700,000
                                                 Camp Kabul.....................................    $137,000,000
                                                 Camp Kandahar..................................    $132,500,000
                                                 Camp Salerno...................................     $50,200,000
                                                 Forward Operating Base Blessing................      $5,600,000
                                                 Forward Operating Base Bostick.................      $5,500,000
                                                 Forward Operating Base Dwyer...................     $19,300,000
                                                 Forward Operating Base Ghazni..................      $5,500,000
                                                 Forward Operating Base Shank...................     $19,700,000
                                                 Forward Operating Base Sharana.................     $60,800,000
                                                 Frontenac......................................      $2,200,000
                                                 Jalalabad Airfield.............................     $41,400,000
                                                 Maywand........................................      $7,800,000
                                                 Methar-Lam.....................................      $4,150,000
                                                 Provincial Reconstruction Team Gardez..........     $36,200,000
                                                 Provincial Reconstruction Team Tarin Kowt......     $55,800,000
                                                 Tombstone/Bastion..............................     $71,800,000
                                                 Wolverine......................................     $17,050,000
----------------------------------------------------------------------------------------------------------------

    (b) Authorization of Appropriations.--Funds are hereby authorized to 
be appropriated for fiscal years beginning after September 30, 2009, for 
military construction, land acquisition, and military family housing 
functions of the Department of the Army in the total amount of 
$924,484,000 as follows:
            (1) For military construction projects outside the United 
        States authorized by subsection (a), $834,100,000.
            (2) For unspecified minor military construction projects 
        under section 2805 of title 10, United States Code, $20,100,000.

[[Page 123 STAT. 2699]]

            (3) For architectural and engineering services and 
        construction design under section 2807 of title 10, United 
        States Code, $70,284,000.
SEC. 2902. AUTHORIZED AIR FORCE CONSTRUCTION AND LAND ACQUISITION 
                          PROJECTS.

    (a) Outside the United States.--Using amounts appropriated pursuant 
to the authorization of appropriations in subsection (b)(1), the 
Secretary of the Air Force may acquire real property and carry out 
military construction projects for the installations or locations 
outside the United States, and in the amounts, set forth in the 
following table:

                                      Air Force: Outside the United States
----------------------------------------------------------------------------------------------------------------
                    Country                                  Installation or Location                 Amount
----------------------------------------------------------------------------------------------------------------
Afghanistan....................................  Bagram Air Base................................     $29,100,000
                                                 Camp Kandahar..................................    $234,600,000
                                                 Forward Operating Base Dwyer...................      $4,900,000
                                                 Forward Operating Base Shank...................      $4,900,000
                                                 Provincial Reconstruction Team Tarin Kowt......      $4,900,000
                                                 Tombstone/Bastion..............................    $156,200,000
                                                 Wolverine......................................      $4,900,000
----------------------------------------------------------------------------------------------------------------

    (b) Authorization of Appropriations.--Funds are hereby authorized to 
be appropriated for fiscal years beginning after September 30, 2009, for 
military construction, land acquisition, and military family housing 
functions of the Department of the Air Force in the total amount of 
$474,500,000, as follows:
            (1) For military construction projects outside the United 
        States authorized by subsection (a), $439,500,000.
            (2) For architectural and engineering services and 
        construction design under section 2807 of title 10, United 
        States Code, $35,000,000.
SEC. 2903. CONSTRUCTION AUTHORIZATION FOR FACILITIES FOR OFFICE OF 
                          DEFENSE REPRESENTATIVE-PAKISTAN.

    (a) Use of Funds Authorized.--
            (1) In general.--Of the amounts authorized to be 
        appropriated by this title, the Secretary of Defense may use not 
        more than $10,000,000 to plan, design, and construct facilities 
        on the United States Embassy Compound in Islamabad, Pakistan, in 
        support of the Office of the Defense Representative-Pakistan (in 
        this section referred to as the ``ODRP'').
            (2) Notice and wait.-- <<NOTE: Time period. Reports.>> The 
        Secretary may not obligate funds made available pursuant to 
        paragraph (1) until the end of the 14-day period beginning on 
        the date on which the Secretary submits to the appropriate 
        congressional committees a report containing notice of the 
        proposed obligation of the funds and addressing the items 
        specified in subsection (b)(2).

    (b) Additional Reporting Requirements.--
            (1) In general.--Not later than 90 days after the submission 
        of the notice under subsection (a)(2), and every 180 days

[[Page 123 STAT. 2700]]

        thereafter, the Secretary of Defense shall submit to the 
        appropriate congressional committees a report on the number of 
        personnel and activities of the ODRP.
            (2) Elements.--The report under paragraph (1) shall include 
        the following:
                    (A) A detailed accounting of the number of personnel 
                permanently assigned or on temporary duty in the ODRP.
                    (B) A description of the mission of those personnel 
                assigned on a temporary or permanent basis to the ODRP.
                    (C) A projection of space requirements for the ODRP.
            (3) Termination.--The requirement to submit a report under 
        paragraph (1) terminates on the date occurring two years after 
        the date on which the first report under such paragraph is 
        submitted.

    (c) Form.--A report under this section may be submitted in a 
classified form.
    (d) Appropriate Congressional Committees.--For the purposes of this 
section, the appropriate congressional committees are the following:
            (1) The congressional defense committees.
            (2) The Committee on Foreign Affairs of the House of 
        Representatives.
            (3) The Committee on Foreign Relations of the Senate.

 DIVISION C--DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND 
                          OTHER AUTHORIZATIONS

       TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS

          Subtitle A--National Security Programs Authorizations

Sec. 3101. National Nuclear Security Administration.
Sec. 3102. Defense environmental cleanup.
Sec. 3103. Other defense activities.
Sec. 3104. Defense nuclear waste disposal.
Sec. 3105. Energy security and assurance.
Sec. 3106. Relation to funding tables.

    Subtitle B--Program Authorizations, Restrictions, and Limitations

Sec. 3111.  Stockpile stewardship program.
Sec. 3112. Report on stockpile stewardship criteria and assessment of 
           stockpile stewardship program.
Sec. 3113. Stockpile management program.
Sec. 3114. Dual validation of annual weapons assessment and 
           certification.
Sec. 3115. Elimination of nuclear weapons life extension program from 
           exception to requirement to request funds in budget of the 
           President.
Sec. 3116. Long-term plan for the modernization and refurbishment of the 
           nuclear security complex.
Sec. 3117. Repeal of prohibition on funding activities associated with 
           international cooperative stockpile stewardship.
Sec. 3118. Modification of minor construction threshold for plant 
           projects.
Sec. 3119. Two-year extension of authority for appointment of certain 
           scientific, engineering, and technical personnel.
Sec. 3120. National Nuclear Security Administration authority for urgent 
           nonproliferation activities.
Sec. 3121. Repeal of sunset date for consolidation of 
           counterintelligence programs of Department of Energy and 
           National Nuclear Security Administration.

                           Subtitle C--Reports

Sec. 3131. National Academy of Sciences review of national security 
           laboratories.

[[Page 123 STAT. 2701]]

Sec. 3132. Plan to ensure capability to monitor, analyze, and evaluate 
           foreign nuclear weapons activities.
Sec. 3133. Comptroller General study of stockpile stewardship program.
Sec. 3134. Comptroller General of the United States review of projects 
           carried out by the Office of Environmental Management of the 
           Department of Energy pursuant to the American Recovery and 
           Reinvestment Act of 2009.

                        Subtitle D--Other Matters

Sec. 3141. Ten-year plan for use and funding of certain Department of 
           Energy facilities.
Sec. 3142. Expansion of authority of Ombudsman of Energy Employees 
           Occupational Illness Compensation Program.
Sec. 3143. Identification in budget materials of amounts for certain 
           Department of Energy pension obligations.
Sec. 3144. Sense of Congress on production of molybdenum-99.

          Subtitle A--National Security Programs Authorizations

SEC. 3101. NATIONAL NUCLEAR SECURITY ADMINISTRATION.

    (a) Authorization of Appropriations.--Funds are hereby authorized to 
be appropriated to the Department of Energy for fiscal year 2010 for the 
activities of the National Nuclear Security Administration in carrying 
out programs necessary for national security in the amount of 
$10,033,477,000, to be allocated as follows:
            (1) For weapons activities, $6,433,131,000.
            (2) For defense nuclear nonproliferation activities, 
        $2,176,459,000.
            (3) For naval reactors, $1,003,133,000.
            (4) For the Office of the Administrator for Nuclear 
        Security, $420,754,000.

    (b) Authorization of New Plant Projects.--From funds referred to in 
subsection (a) that are available for carrying out plant projects, the 
Secretary of Energy may carry out new plant projects for the National 
Nuclear Security Administration as follows:
            (1) For readiness in technical base and facilities, the 
        following new plant project:
                    Project 10-D-501, nuclear facilities risk reduction, 
                Y-12 National Security Complex, Oak Ridge, Tennessee, 
                $12,500,000.
            (2) For safeguards and security, the following new plant 
        project:
                    Project 10-D-701, security improvement project, Y-12 
                National Security Complex, Oak Ridge, Tennessee, 
                $49,000,000.
            (3) For naval reactors, the following new plant projects:
                    Project 10-D-903, KAPL security upgrades, 
                Schenectady, New York, $1,500,000.
                    Project 10-D-904, Naval Reactors Facility 
                infrastructure upgrades, Naval Reactors Facility, Idaho, 
                $700,000.
SEC. 3102. DEFENSE ENVIRONMENTAL CLEANUP.

    Funds are hereby authorized to be appropriated to the Department of 
Energy for fiscal year 2010 for defense environmental cleanup activities 
in carrying out programs necessary for national security in the amount 
of $5,495,831,000.

[[Page 123 STAT. 2702]]

SEC. 3103. OTHER DEFENSE ACTIVITIES.

    Funds are hereby authorized to be appropriated to the Department of 
Energy for fiscal year 2010 for other defense activities in carrying out 
programs necessary for national security in the amount of $852,468,000.
SEC. 3104. DEFENSE NUCLEAR WASTE DISPOSAL.

    Funds are hereby authorized to be appropriated to the Department of 
Energy for fiscal year 2010 for defense nuclear waste disposal for 
payment to the Nuclear Waste Fund established in section 302(c) of the 
Nuclear Waste Policy Act of 1982 (42 U.S.C. 10222(c)) in the amount of 
$98,400,000.
SEC. 3105. ENERGY SECURITY AND ASSURANCE.

    Funds are hereby authorized to be appropriated to the Department of 
Energy for fiscal year 2010 for energy security and assurance programs 
necessary for national security in the amount of $6,188,000.
SEC. 3106. RELATION TO FUNDING TABLES.

    The amounts authorized to be appropriated by sections 3101, 3102, 
3103, 3104, and 3105 shall be available, in accordance with the 
requirements of section 4001, for projects, programs, and activities, 
and in the amounts, specified in the funding table in section 4601.

    Subtitle B--Program Authorizations, Restrictions, and Limitations

SEC. 3111. STOCKPILE STEWARDSHIP PROGRAM.

    (a) In General.--Subsection (a) of section 4201 of the Atomic Energy 
Defense Act (division D of Public Law 107-314; 50 U.S.C. 2521) is 
amended to read as follows:
    ``(a) Establishment.--The Secretary of Energy, acting through the 
Administrator for Nuclear Security, shall establish a stewardship 
program to ensure--
            ``(1) the preservation of the core intellectual and 
        technical competencies of the United States in nuclear weapons, 
        including weapons design, system integration, manufacturing, 
        security, use control, reliability assessment, and 
        certification; and
            ``(2) that the nuclear weapons stockpile is safe, secure, 
        and reliable without the use of underground nuclear weapons 
        testing.''.

    (b) Elements.--Subsection (b) of such section is amended--
            (1) in paragraph (1), by striking ``detonation'' and 
        inserting ``performance over time''; and
            (2) by adding at the end the following new paragraphs:
            ``(4) Support for the use of, and experiments facilitated 
        by, the advanced experimental facilities of the United States, 
        including--
                    ``(A) the National Ignition Facility at Lawrence 
                Livermore National Laboratory;
                    ``(B) the Dual Axis Radiographic Hydrodynamic Test 
                Facility at Los Alamos National Laboratory;
                    ``(C) the Z Machine at Sandia National Laboratories; 
                and

[[Page 123 STAT. 2703]]

                    ``(D) the experimental facilities at the Nevada test 
                site.
            ``(5) Support for the sustainment and modernization of 
        facilities with production and manufacturing capabilities that 
        are necessary to ensure the safety, security, and reliability of 
        the nuclear weapons stockpile, including--
                    ``(A) the Pantex Plant;
                    ``(B) the Y-12 National Security Complex;
                    ``(C) the Kansas City Plant;
                    ``(D) the Savannah River Site; and
                    ``(E) production and manufacturing capabilities 
                resident in the national security laboratories (as 
                defined in section 3281 of the National Nuclear Security 
                Administration Act (50 U.S.C. 2471)).''.

    (c) Prior Authorization of Appropriations for Fiscal Year 1994.--
Such section is further amended by striking subsection (c).
SEC. 3112. REPORT ON STOCKPILE STEWARDSHIP CRITERIA AND ASSESSMENT 
                          OF STOCKPILE STEWARDSHIP PROGRAM.

    (a) In General.--Subsection (c) of section 4202 of the Atomic Energy 
Defense Act (division D of Public Law 107-314; 50 U.S.C. 2522) is 
amended to read as follows:
    ``(c) Report.--(1) In each odd-numbered year, beginning in 2011, the 
Secretary of Energy shall include in the stockpile stewardship plan 
required by section 4203 a report containing the following elements:
            ``(A) A description of the information needed to determine 
        that the nuclear weapons stockpile is safe and reliable and the 
        relationship of the science-based tools to the collection of 
        that information.
            ``(B) A description of any updates to the criteria 
        established under subsection (a) during--
                    ``(i) the previous two years; or
                    ``(ii) <<NOTE: Time period.>> with respect to the 
                report in 2011, the period beginning on the date of the 
                submission of the report under section 3133 of the 
                National Defense Authorization Act for Fiscal Year 2004 
                (Public Law 108-136; 117 Stat. 1751; 50 U.S.C. 2523 
                note) and ending on the date of the submission of the 
                2011 stockpile stewardship plan required by section 
                4203.
            ``(C) For each science-based tool to collect information 
        needed to determine that the nuclear weapons stockpile is safe, 
        secure, and reliable that is developed or modified by the 
        Department of Energy during the relevant period described in 
        subparagraph (B)--
                    ``(i) a description of the relationship of the 
                science-based tool to the collection of such 
                information; and
                    ``(ii) a description of criteria for assessing the 
                effectiveness of the science-based tool in collecting 
                such information.
            ``(D) An assessment described in paragraph (2).

    ``(2) An assessment described in this paragraph is an assessment of 
the stockpile stewardship program conducted by the Administrator for 
Nuclear Security in consultation with the directors of the national 
security laboratories. Such assessment shall set forth the following:
            ``(A) An identification and description of--
                    ``(i) any key technical challenges to the stockpile 
                stewardship program; and

[[Page 123 STAT. 2704]]

                    ``(ii) the strategies to address such challenges 
                without the use of nuclear testing.
            ``(B) A strategy for using the science-based tools 
        (including advanced simulation and computing capabilities) of 
        each national security laboratory to ensure that the nuclear 
        weapons stockpile is safe, secure, and reliable without the use 
        of nuclear testing.
            ``(C) An assessment of the science-based tools (including 
        advanced simulation and computing capabilities) of each national 
        security laboratory that exist at the time of the assessment 
        compared with the science-based tools expected to exist during 
        the period covered by the future-years nuclear security program.
            ``(D) An assessment of the core scientific and technical 
        competencies required to achieve the objectives of the stockpile 
        stewardship program and other weapons activities and weapons-
        related activities of the Department of Energy, including--
                    ``(i) the number of scientists, engineers, and 
                technicians, by discipline, required to maintain such 
                competencies; and
                    ``(ii) a description of any shortage of such 
                individuals that exists at the time of the assessment 
                compared with any shortage expected to exist during the 
                period covered by the future-years nuclear security 
                program.''.

    (b) Definitions.--Such section is further amended by adding at the 
end the following subsection:
    ``(d) Definitions.--In this section:
            ``(1) The term `future-years nuclear security program' means 
        the program required by section 3253 of the National Nuclear 
        Security Administration Act (50 U.S.C. 2453).
            ``(2) The term `national security laboratory' has the 
        meaning given such term in section 3281 of the National Nuclear 
        Security Administration Act (50 U.S.C. 2471).
            ``(3) The term `weapons activities' means each activity 
        within the budget category of weapons activities in the budget 
        of the National Nuclear Security Administration.
            ``(4) The term `weapons-related activities' means each 
        activity under the Department of Energy that involves nuclear 
        weapons, nuclear weapons technology, or fissile or radioactive 
        materials, including activities related to--
                    ``(A) nuclear nonproliferation;
                    ``(B) nuclear forensics;
                    ``(C) nuclear intelligence;
                    ``(D) nuclear safety; and
                    ``(E) nuclear incident response.''.
SEC. 3113. STOCKPILE MANAGEMENT PROGRAM.

    (a) In General.--The Atomic Energy Defense Act (division D of Public 
Law 107-314; 50 U.S.C. 2501 et seq.) is amended--
            (1) <<NOTE: Repeal.>> by repealing section 4204A (50 U.S.C. 
        2524a); and
            (2) by amending section 4204 (50 U.S.C. 2524) to read as 
        follows:
``SEC. 4204. STOCKPILE MANAGEMENT PROGRAM.

    ``(a) Program Required.--The Secretary of Energy, acting through the 
Administrator for Nuclear Security and in consultation with the 
Secretary of Defense, shall carry out a program, in support

[[Page 123 STAT. 2705]]

of the stockpile stewardship program, to provide for the effective 
management of the weapons in the nuclear weapons stockpile, including 
the extension of the effective life of such weapons. The program shall 
have the following objectives:
            ``(1) To increase the reliability, safety, and security of 
        the nuclear weapons stockpile of the United States.
            ``(2) To further reduce the likelihood of the resumption of 
        underground nuclear weapons testing.
            ``(3) To achieve reductions in the future size of the 
        nuclear weapons stockpile.
            ``(4) To reduce the risk of an accidental detonation of an 
        element of the stockpile.
            ``(5) To reduce the risk of an element of the stockpile 
        being used by a person or entity hostile to the United States, 
        its vital interests, or its allies.

    ``(b) Program Limitations.--In carrying out the stockpile management 
program under subsection (a), the Secretary of Energy shall ensure 
that--
            ``(1) any changes made to the stockpile shall be made to 
        achieve the objectives identified in subsection (a); and
            ``(2) any such changes made to the stockpile shall--
                    ``(A) remain consistent with basic design parameters 
                by including, to the maximum extent feasible, components 
                that are well understood or are certifiable without the 
                need to resume underground nuclear weapons testing; and
                    ``(B) use the design, certification, and production 
                expertise resident in the nuclear complex to fulfill 
                current mission requirements of the existing stockpile.

    ``(c) Program Plan.--In carrying out the stockpile management 
program under subsection (a), the Secretary of Energy shall develop a 
long-term plan to extend the effective life of the weapons in the 
nuclear weapons stockpile without the use of nuclear weapons testing. 
The plan shall include the following:
            ``(1) Mechanisms to provide for the manufacture, 
        maintenance, and modernization of each weapon design in the 
        nuclear stockpile, as needed.
            ``(2) Mechanisms to expedite the collection of information 
        necessary for carrying out the program, including information 
        relating to the aging of materials and components, new 
        manufacturing techniques, and the replacement or substitution of 
        materials.
            ``(3) Mechanisms to ensure the appropriate assignment of 
        roles and missions for each nuclear weapons laboratory and 
        production plant of the Department of Energy, including 
        mechanisms for allocation of workload, mechanisms to ensure the 
        carrying out of appropriate modernization activities, and 
        mechanisms to ensure the retention of skilled personnel.
            ``(4) Mechanisms to ensure that each national laboratory of 
        the National Nuclear Security Administration has full and 
        complete access to all weapons data to enable a rigorous peer 
        review process to support the annual assessment of the condition 
        of the nuclear weapons stockpile required under section 4205.
            ``(5) Mechanisms for allocating funds for activities under 
        the program, including allocations of funds by weapon type and 
        facility.

[[Page 123 STAT. 2706]]

            ``(6) An identification of the funds needed, in the fiscal 
        year in which the plan is developed and in each of the following 
        five fiscal years, to carry out the program.

    ``(d) Annual Updates.--The Secretary of Energy shall annually update 
the plan required under subsection (c) and shall submit the updated plan 
to Congress as part of the stockpile stewardship plan required by 
section 4203(c).
    ``(e) Program Budget.--In accordance with the requirements under 
section 4209, for each budget submitted by the President to Congress 
under section 1105 of title 31, United States Code, the amounts 
requested for the program under this section shall be clearly identified 
in the budget justification materials submitted to Congress in support 
of that budget.''.
    (b) Clerical Amendment.--The table of contents in section 4001(b) of 
such Act (division D of Public Law 107-314) is amended by striking the 
items relating to sections 4204 and 4204A and inserting the following 
new item:

``Sec. 4204. Stockpile management program.''.

SEC. 3114. DUAL VALIDATION OF ANNUAL WEAPONS ASSESSMENT AND 
                          CERTIFICATION.

    (a) Dual Validation.--
            (1) Plan.-- <<NOTE: Deadline.>> Not later than March 1, 
        2010, the Administrator for Nuclear Security shall submit to the 
        congressional defense committees a plan (including a schedule) 
        to carry out subsection (c) of section 4205 of the Atomic Energy 
        Defense Act (division D of Public Law 107-314; 50 U.S.C. 2525), 
        as added by paragraph (2) of this subsection.
            (2) Dual validation.--Section 4205 of the Atomic Energy 
        Defense Act (division D of Public Law 107-314; 50 U.S.C. 2525) 
        is amended--
                    (A) by redesignating subsections (c) through (h) as 
                subsections (d) through (i), respectively; and
                    (B) by inserting after subsection (b) the following 
                new subsection (c):

    ``(c) Dual Validation Teams in Support of Assessments.--In support 
of the assessments required by subsection (a), the Administrator for 
Nuclear Security may establish teams, known as `dual validation teams', 
to provide each national security laboratory responsible for weapons 
design with independent evaluations of the condition of each warhead for 
which such laboratory has lead responsibility. A dual validation team 
established by the Administrator shall--
            ``(1) be comprised of weapons experts from the laboratory 
        that does not have lead responsibility for fielding the warhead 
        being evaluated;
            ``(2) have access to all surveillance and underground test 
        data for all stockpile systems for use in the independent 
        evaluations;
            ``(3) use all relevant available data to conduct independent 
        calculations; and
            ``(4) pursue independent experiments to support the 
        independent evaluations.''.

    (b) Red Team Reviews.--Subsection (d)(1) of such section, as 
redesignated by subsection (a)(2)(A) of this section, is amended--
            (1) by inserting ``both'' after ``review''; and

[[Page 123 STAT. 2707]]

            (2) by inserting after ``that laboratory'' the following: 
        ``and any independent evaluations conducted by a dual validation 
        team under subsection (c)''.

    (c) Summary.--Subsection (e)(3) of such section, as redesignated by 
subsection (a)(2)(A) of this section, is amended--
            (1) in subparagraph (B), by striking ``and'' at the end;
            (2) in subparagraph (C), by striking the period and 
        inserting ``; and''; and
            (3) by adding at the end the following new subparagraph:
                    ``(D) a concise summary of the results of any 
                independent evaluation conducted by a dual validation 
                team under subsection (c).''.

    (d) Conforming Amendments.--Such section is further amended--
            (1) in paragraph (3)(C) of subsection (e), as redesignated 
        by subsection (a)(2)(A) of this section, by striking 
        ``subsection (c)'' and inserting ``subsection (d)'';
            (2) in paragraph (1)(A) of subsection (f), as redesignated 
        by subsection (a)(2)(A) of this section, by striking 
        ``subsection (d)'' and inserting ``subsection (e)'';
            (3) in subsection (g), as redesignated by subsection 
        (a)(2)(A) of this section, by striking ``subsection (e)'' and 
        inserting ``subsection (f)''; and
            (4) in subsection (i), as redesignated by subsection 
        (a)(2)(A) of this section--
                    (A) in paragraph (1), by striking ``subsection (d)'' 
                and inserting ``subsection (e)''; and
                    (B) in paragraph (2), by striking ``subsection (e)'' 
                and inserting ``subsection (f)''.
SEC. 3115. ELIMINATION OF NUCLEAR WEAPONS LIFE EXTENSION PROGRAM 
                          FROM EXCEPTION TO REQUIREMENT TO REQUEST 
                          FUNDS IN BUDGET OF THE PRESIDENT.

    Section 4209 of the Atomic Energy Defense Act (50 U.S.C. 2529) is 
amended--
            (1) in subsection (c), by striking ``necessary--'' and all 
        that follows through the period and inserting ``necessary to 
        address proliferation concerns.''; and
            (2) in subsection (d)--
                    (A) by striking paragraph (1); and
                    (B) by redesignating paragraphs (2) and (3) as 
                paragraphs (1) and (2), respectively.
SEC. 3116. LONG-TERM PLAN FOR THE MODERNIZATION AND REFURBISHMENT 
                          OF THE NUCLEAR SECURITY COMPLEX.

    (a) In General.--Subtitle D of the National Nuclear Security 
Administration Act (50 U.S.C. 2451 et seq.) is amended by adding at the 
end the following new section:
``SEC. 3255. <<NOTE: 50 USC 2455.>> BIENNIAL PLAN AND BUDGET 
                          ASSESSMENT ON THE MODERNIZATION AND 
                          REFURBISHMENT OF THE NUCLEAR SECURITY 
                          COMPLEX.

    ``(a) Nuclear Security Complex Modernization and Refurbishment Plan 
and Assessment.--The Administrator for Nuclear Security shall include 
with the nuclear security budget materials submitted for each odd-
numbered fiscal year--

[[Page 123 STAT. 2708]]

            ``(1) the plan for the modernization and refurbishment of 
        the nuclear security complex described under subsection (b); and
            ``(2) an assessment by the Administrator of whether both the 
        budget for such fiscal year and the future-years nuclear 
        security program submitted to Congress in relation to such 
        budget under section 3253 provide for funding of the nuclear 
        security complex at a level that is sufficient for the 
        modernization and refurbishment of the nuclear security complex 
        in accordance with the plan described under subsection (b).

    ``(b) Plan Elements.--(1) The plan required under subsection (a)(1) 
shall be designed so that the nuclear security complex is capable of 
supporting--
            ``(A) the national security strategy of the United States, 
        as set forth in the most recent national security strategy 
        report of the President under section 108 of the National 
        Security Act of 1947 (50 U.S.C. 404a), except that, if at the 
        time such plan is submitted with the nuclear security budget 
        materials a national security strategy report required under 
        such section 108 has not been submitted to Congress, then such 
        plan shall be designed so that the modernization and 
        refurbishment of the nuclear security complex provided for under 
        such plan is capable of supporting the nuclear security complex 
        recommended in the report of the most recent Quadrennial Defense 
        Review; and
            ``(B) the nuclear posture of the United States as set forth 
        in the most recent Nuclear Posture Review.

    ``(2) The plan required under subsection (a)(1) shall include the 
following:
            ``(A) A description of the modernization and refurbishment 
        measures the Administrator determines necessary to meet the 
        requirements of the national security strategy of the United 
        States or the most recent Quadrennial Defense Review, whichever 
        is applicable under paragraph (1)(A), and the Nuclear Posture 
        Review.
            ``(B) A schedule for implementing those measures determined 
        necessary under subparagraph (A) during the 10 years following 
        the date of the plan.
            ``(C) The estimated levels of annual funds the Administrator 
        determines necessary to carry out the program, including a 
        discussion of the criteria, evidence, and strategies on which 
        such estimated levels of annual funds are based.

    ``(c) Budget Assessment.--If the Administrator determines a budget 
request is insufficient for the modernization and refurbishment of the 
nuclear security complex provided for in the plan required under 
subsection (a)(1), the Administrator shall include with the nuclear 
security budget materials for such fiscal year a further assessment that 
describes and discusses the risks and implications associated with the 
ability of the nuclear security complex to support the annual 
certification of the nuclear stockpile of the United States and maintain 
its long-term safety, security, and reliability. Such assessment shall 
be coordinated in advance with the Secretary of Defense and the 
Commander of the United States Strategic Command.
    ``(d) Definitions.--In this section:
            ``(1) The term `nuclear security complex' means the physical 
        facilities, technology, and human capital of--

[[Page 123 STAT. 2709]]

                    ``(A) the national security laboratories;
                    ``(B) the Pantex Plant;
                    ``(C) the Y-12 National Security Complex;
                    ``(D) the Kansas City Plant;
                    ``(E) the Savannah River Site; and
                    ``(F) the Nevada test site.
            ``(2) The term `budget', with respect to a fiscal year, 
        means the budget for that fiscal year that is submitted to 
        Congress by the President under section 1105(a) of title 31, 
        United States Code.
            ``(3) The term `nuclear security budget materials', with 
        respect to a fiscal year, means the materials submitted to 
        Congress by the Administrator for Nuclear Security in support of 
        the budget for that fiscal year.
            ``(4) The term `Quadrennial Defense Review' means the review 
        of the defense programs and policies of the United States that 
        is carried out every four years under section 118 of title 10, 
        United States Code.''.

    (b) Clerical Amendment.--The table of contents at the beginning of 
the National Nuclear Security Administration Act is amended by inserting 
after the item relating to section 3254 the following new item:

``3255. Biennial plan and budget assessment on the modernization and 
           refurbishment of the nuclear security complex.''.

SEC. 3117. REPEAL OF PROHIBITION ON FUNDING ACTIVITIES ASSOCIATED 
                          WITH INTERNATIONAL COOPERATIVE STOCKPILE 
                          STEWARDSHIP.

    (a) In General.--Section 4301 of the Atomic Energy Defense Act (50 
U.S.C. 2561) is repealed.
    (b) Clerical Amendment.--The table of contents for that Act is 
amended by striking the item relating to section 4301.
SEC. 3118. MODIFICATION OF MINOR CONSTRUCTION THRESHOLD FOR PLANT 
                          PROJECTS.

    (a) Increase.--Paragraph (3) of section 4701 of the Atomic Energy 
Defense Act (50 U.S.C. 2741(3)) is amended by striking ``$5,000,000'' 
and inserting ``$10,000,000''.
    (b) <<NOTE: 50 USC 2741 and note.>> Sunset.--Effective September 30, 
2010, such paragraph, as amended by subsection (a), is amended by 
striking ``$10,000,000'' and inserting ``$5,000,000''.

    (c) Notification.--Notwithstanding section 4703 of such Act (50 
U.S.C. 2743), in carrying out construction projects during fiscal year 
2010, the Secretary of Energy may not start a general plant project with 
a total estimated cost of more than $5,000,000 until--
            (1) the Secretary notifies the congressional defense 
        committees of such project and total estimated cost; and
            (2) <<NOTE: Time period.>> a period of 15 days has elapsed 
        after the date on which such notification is received.
SEC. 3119. TWO-YEAR EXTENSION OF AUTHORITY FOR APPOINTMENT OF 
                          CERTAIN SCIENTIFIC, ENGINEERING, AND 
                          TECHNICAL PERSONNEL.

    Section 4601(c)(1) of the Atomic Energy Defense Act (50 U.S.C. 
2701(c)(1)) is amended by striking ``September 30, 2009'' and inserting 
``September 30, 2011''.

[[Page 123 STAT. 2710]]

SEC. 3120. <<NOTE: 50 USC 2455a.>> NATIONAL NUCLEAR SECURITY 
                          ADMINISTRATION AUTHORITY FOR URGENT 
                          NONPROLIFERATION ACTIVITIES.

    (a) In General.--Subject to the notification requirement under 
subsection (b), not more than 10 percent of the total amounts 
appropriated or otherwise made available in any fiscal year for the 
nonproliferation programs of the Department of Energy National Nuclear 
Security Administration may be expended, notwithstanding any other law, 
for activities described under subsection (b)(1)(B).
    (b) Determination and Notice.--
            (1) Determination.--The Secretary of Energy, with the 
        concurrence of the Secretary of State and the Secretary of 
        Defense, may make a written determination that--
                    (A) threats arising from the proliferation of 
                nuclear or radiological weapons or weapons-related 
                materials, technologies, and expertise must be addressed 
                urgently;
                    (B) certain provisions of law would unnecessarily 
                impede the Secretary's ability to carry out 
                nonproliferation activities of the National Nuclear 
                Security Administration to address such threats; and
                    (C) it is necessary to expend amounts described in 
                subsection (a) to carry out such activities.
            (2) <<NOTE: Deadline.>> Notice required.--Not later than 15 
        days before obligating or expending funds under the authority 
        provided in subsection (a), the Secretary of Energy shall notify 
        the appropriate congressional committees of the determination 
        made under paragraph (1). The notice shall include--
                    (A) the determination;
                    (B) the activities to be undertaken by the 
                nonproliferation programs of the National Nuclear 
                Security Administration;
                    (C) the expected time frame for such activities; and
                    (D) the expected costs of such activities.

    (c) <<NOTE: Definition.>> Appropriate Congressional Committees.--In 
this section, the term ``appropriate congressional committees'' means--
            (1) the Committee on Foreign Affairs, the Committee on Armed 
        Services, and the Committee on Appropriations of the House of 
        Representatives; and
            (2) the Committee on Foreign Relations, the Committee on 
        Armed Services, and the Committee on Appropriations of the 
        Senate.
SEC. 3121. REPEAL OF SUNSET DATE FOR CONSOLIDATION OF 
                          COUNTERINTELLIGENCE PROGRAMS OF 
                          DEPARTMENT OF ENERGY AND NATIONAL 
                          NUCLEAR SECURITY ADMINISTRATION.

    Subsection (a) of section 3117 of the John Warner National Defense 
Authorization Act for Fiscal Year 2007 (Public Law 109-364; 120 Stat. 
2507; 42 U.S.C. 7144b note) is amended to read as follows:
    ``(a) <<NOTE: Government organization.>> Transfer of Functions.--The 
functions, personnel, funds, assets, and other resources of the Office 
of Defense Nuclear Counterintelligence of the National Nuclear Security 
Administration are transferred to the Secretary of Energy, to be 
administered (except to any extent otherwise directed by the Secretary) 
by the Director of the Office of Counterintelligence of the Department 
of Energy.''.

[[Page 123 STAT. 2711]]

                           Subtitle C--Reports

SEC. 3131. NATIONAL ACADEMY OF SCIENCES REVIEW OF NATIONAL 
                          SECURITY LABORATORIES.

    (a) In General.-- <<NOTE: Contracts. Study.>> Not later than 60 days 
after the date of the enactment of this Act, the Secretary of Energy 
shall enter into an agreement with the National Academy of Sciences to 
conduct a study of the following laboratories:
            (1) The Lawrence Livermore National Laboratory, California.
            (2) The Los Alamos National Laboratory, New Mexico.
            (3) The Sandia National Laboratories, California and New 
        Mexico.

    (b) Elements.--The study required under subsection (a) shall 
include, with respect to each laboratory specified in such subsection, 
an evaluation of the following:
            (1) The quality of the scientific research being conducted 
        at the laboratory, including research with respect to weapons 
        science, nonproliferation, energy, and basic science.
            (2) The quality of the engineering being conducted at the 
        laboratory.
            (3) The criteria used to assess the quality of scientific 
        research and engineering being conducted at the laboratory.
            (4) The relationship between the quality of the science and 
        engineering at the laboratory and the contract for managing and 
        operating the laboratory.
            (5) The management of work conducted by the laboratory for 
        entities other than the Department of Energy, including academic 
        institutions and other Federal agencies, and interactions 
        between the laboratory and such entities.

    (c) Cooperation.-- <<NOTE: Consultation.>> The Secretary of Energy 
shall, in consultation with the Secretary of Defense and the Director of 
National Intelligence, ensure that the National Academy of Sciences 
receives full and timely cooperation from the Department of Energy, the 
Department of Defense, and the intelligence community (as that term is 
defined in section 3(4) of the National Security Act of 1947 (50 U.S.C. 
401a(4))) in conducting the study required under subsection (a).

    (d) Report.--The National Academy of Sciences shall submit to the 
Secretary of Energy a report containing the results of the study and any 
recommendations resulting from the study.
    (e) Submittal to Congress.--
            (1) In general.--Not later than January 1, 2011, the 
        Secretary of Energy shall submit to the appropriate 
        congressional committees the report submitted under subsection 
        (d) and any comments or recommendations of the Secretary with 
        respect to that report.
            (2) Form.--The report shall be submitted to the appropriate 
        congressional committees in unclassified form, but may include a 
        classified annex.

    (f) Appropriate Congressional Committees Defined.--In this section, 
the term ``appropriate congressional committees'' means the following:
            (1) The Committee on Armed Services, the Committee on Energy 
        and Commerce, and the Committee on Science and Technology of the 
        House of Representatives.

[[Page 123 STAT. 2712]]

            (2) The Committee on Armed Services and the Committee on 
        Energy and Natural Resources of the Senate.
SEC. 3132. PLAN TO ENSURE CAPABILITY TO MONITOR, ANALYZE, AND 
                          EVALUATE FOREIGN NUCLEAR WEAPONS 
                          ACTIVITIES.

    (a) Plan.--The Secretary of Energy, in consultation with the 
Director of National Intelligence and the Secretary of Defense, shall 
prepare a plan to ensure that the national laboratories overseen by the 
Department of Energy maintain a robust technical capability to monitor, 
analyze, and evaluate foreign nuclear weapons activities.
    (b) Report.--Not later than February 28, 2010, the Secretary of 
Energy shall submit to the appropriate congressional committees a report 
describing the plan required under subsection (a) and the resources 
necessary to implement the plan. The report shall be in unclassified 
form, but may include a classified annex.
    (c) <<NOTE: Definition.>> Appropriate Congressional Committees.--In 
this section, the term ``appropriate congressional committees'' means--
            (1) the Committee on Armed Services, the Committee on 
        Appropriations, and the Permanent Select Committee on 
        Intelligence of the House of Representatives; and
            (2) the Committee on Armed Services, the Committee on 
        Appropriations, and the Select Committee on Intelligence of the 
        Senate.
SEC. 3133. COMPTROLLER GENERAL STUDY OF STOCKPILE STEWARDSHIP 
                          PROGRAM.

    (a) In General.--The Comptroller General of the United States shall 
conduct a study of the stockpile stewardship program established under 
section 4201 of the Atomic Energy Defense Act (50 U.S.C. 2521) to 
determine if the program was functioning, as of December 2008, as 
envisioned when the program was established.
    (b) Elements.--The study required by subsection (a) shall include 
the following:
            (1) An assessment of whether the capabilities determined to 
        be necessary to maintain the nuclear weapons stockpile without 
        the use of nuclear testing have been implemented and the extent 
        to which such capabilities are functioning.
            (2) A review and description of the agreements governing 
        use, management, and support of the capabilities developed for 
        the stockpile stewardship program and an assessment of 
        enforcement of, and compliance with, those agreements.
            (3) An assessment of plans for surveillance and testing of 
        nuclear weapons in the stockpile and the extent of the 
        compliance with such plans.
            (4) An assessment of--
                    (A) the condition of the infrastructure at the 
                plants and laboratories of the nuclear weapons complex;
                    (B) the value of nuclear weapons facilities built 
                after 1992;
                    (C) any plans that are in place to maintain, 
                improve, or replace such infrastructure;
                    (D) whether there is a validated requirement for all 
                planned infrastructure replacement projects; and
                    (E) the projected costs for each such project and 
                the time line for completion of each such project.

[[Page 123 STAT. 2713]]

            (5) An assessment of the efforts to ensure and maintain the 
        intellectual and technical capability of the nuclear weapons 
        complex to support the nuclear weapons stockpile.
            (6) Recommendations for the stockpile stewardship program 
        going forward.

    (c) Report.--Not later than 270 days after the date of the enactment 
of this Act, the Comptroller General shall submit to the congressional 
defense committees a report containing the results of the study required 
by subsection (a).
SEC. 3134. COMPTROLLER GENERAL OF THE UNITED STATES REVIEW OF 
                          PROJECTS CARRIED OUT BY THE OFFICE OF 
                          ENVIRONMENTAL MANAGEMENT OF THE 
                          DEPARTMENT OF ENERGY PURSUANT TO THE 
                          AMERICAN RECOVERY AND REINVESTMENT ACT 
                          OF 2009.

    (a) In General.--The Comptroller General of the United States shall 
conduct a series of three reviews, as described in subsections (b), (c), 
and (d), of projects carried out by the Office of Environmental 
Management of the Department of Energy (in this section referred to as 
the ``Office'') using American Recovery and Reinvestment Act funds.
    (b) Phase One Review.--
            (1) In general.-- <<NOTE: Effective date.>> Beginning on the 
        date of the enactment of this Act, the Comptroller General shall 
        conduct a review of the following:
                    (A) The criteria used by the Office to select 
                projects to be carried out using American Recovery and 
                Reinvestment Act funds.
                    (B) The extent to which lessons learned during 
                previous accelerations of defense environmental cleanup 
                efforts were used in the development of such criteria.
                    (C) The process used by the Office to estimate costs 
                and develop schedules for such projects.
                    (D) The process used by the Office for the 
                independent validation of the scope, cost, and schedule 
                for such projects.
                    (E) The criteria and methodology used by the Office 
                to measure the contribution of each such project toward 
                reducing the overall costs, and meeting the goals, of 
                defense environmental cleanup.
            (2) Report.--Not later than 30 days after the date of the 
        enactment of this Act, the Comptroller General shall submit to 
        the congressional defense committees a report containing the 
        results of the review conducted under paragraph (1).

    (c) Phase Two Review.--
            (1) In general.--The Comptroller General shall conduct a 
        review, during the period described in paragraph (2), of the 
        following:
                    (A) The implementation of each project carried out 
                using American Recovery and Reinvestment Act funds.
                    (B) The extent to which each such project is meeting 
                the cost and scheduling goals of the project.
                    (C) The number of jobs created or maintained through 
                such projects.
                    (D) The adequacy of contract oversight for such 
                projects.
                    (E) Any program management, implementation or 
                technical problems, or other problems in connection with 
                such

[[Page 123 STAT. 2714]]

                projects that are identified by the Comptroller General 
                in the course of the review.
                    (F) Any management and implementation issues or 
                actions, or other systemic issues, identified by the 
                Comptroller General in the course of the review that 
                either hinder or assist the effective management of 
                defense environmental cleanup efforts.
            (2) Period described.--The period described in this 
        paragraph is the period--
                    (A) beginning on the date on which the Comptroller 
                General submits the report required under subsection 
                (b)(2); and
                    (B) ending on the later of--
                          (i) the date on which all projects carried out 
                      using American Recovery and Reinvestment Act funds 
                      have been completed; or
                          (ii) the date on which all American Recovery 
                      and Reinvestment Act funds have been obligated or 
                      expended or are no longer available to be 
                      obligated or expended.
            (3) Reports.--The Comptroller General shall submit to the 
        congressional defense committees a report on the status of the 
        review conducted under paragraph (1) not later than 30 days 
        after submitting the report required under subsection (b)(2) and 
        every 120 days thereafter until the end of the period described 
        in paragraph (2).

    (d) Phase Three Review.--
            (1) In general.-- <<NOTE: Effective date.>> Beginning on the 
        date on which the Comptroller General submits the last report 
        required under subsection (c)(3), the Comptroller General shall 
        conduct a review of the following:
                    (A) The implementation of all projects carried out 
                using American Recovery and Reinvestment Act funds, 
                including the number of such projects--
                          (i) that were completed;
                          (ii) that were not completed;
                          (iii) that were completed on budget;
                          (iv) that exceeded the budget for such 
                      project;
                          (v) that were completed on schedule; and
                          (vi) that exceeded the scheduling goals for 
                      such project.
                    (B) The impact on employment as a result of the 
                completion of such projects.
                    (C) Any lessons learned as a result of accelerating 
                such projects.
                    (D) The extent to which the achievement of the 
                overall goals of defense environmental cleanup were 
                accelerated, and the overall costs of defense 
                environmental cleanup were reduced, as a result of such 
                projects.
                    (E) Any other issues the Comptroller General 
                considers appropriate with respect to such projects.
            (2) Report.--Not later than 90 days after submitting the 
        last report required under subsection (c)(3), the Comptroller 
        General shall submit to the congressional defense committees a 
        report containing the results of the review conducted under 
        paragraph (1).

[[Page 123 STAT. 2715]]

    (e) American Recovery and Reinvestment Act Funds Defined.--In this 
section, the term ``American Recovery and Reinvestment Act funds'' means 
funds made available for the Office of Environmental Management under 
the heading ``Defense Environmental Cleanup'' under the heading 
``ENVIRONMENTAL AND OTHER DEFENSE ACTIVITIES'' under the heading 
``DEPARTMENT OF ENERGY'' under title IV of division A of the American 
Recovery and Reinvestment Act of 2009 (Public Law 111-5; 123 Stat. 140).

                        Subtitle D--Other Matters

SEC. 3141. <<NOTE: 50 USC 2451 note.>> TEN-YEAR PLAN FOR USE AND 
                          FUNDING OF CERTAIN DEPARTMENT OF ENERGY 
                          FACILITIES.

    (a) In General.--The Administrator for Nuclear Security and the 
Under Secretary for Science of the Department of Energy shall jointly 
develop a plan to use and fund, over a ten-year period, the following 
facilities of the Department of Energy:
            (1) The National Ignition Facility at the Lawrence Livermore 
        National Laboratory, California.
            (2) The Los Alamos Neutron Science Center at the Los Alamos 
        National Laboratory, New Mexico.
            (3) The Z Machine at the Sandia National Laboratories, New 
        Mexico.
            (4) The Microsystems and Engineering Sciences Application 
        Facility at the Sandia National Laboratories, New Mexico.

    (b) Submittal of Plan.-- <<NOTE: Deadline.>> Not later than 45 days 
after the date of the enactment of this Act, the Administrator for 
Nuclear Security and the Under Secretary for Science of the Department 
of Energy shall submit to the appropriate congressional committees the 
plan required by subsection (a).

    (c) Requirement to Specify Source of Facility Funding in Budget 
Requests.--In any budget request for the Department of Energy for a 
fiscal year that is submitted to Congress after the date of the 
enactment of this Act, the Secretary of Energy shall identify for that 
fiscal year the portion of the funding for each facility specified in 
subsection (a) that is to be provided by the National Nuclear Security 
Administration and by the Office of Science of the Department of Energy.
    (d) Appropriate Congressional Committees Defined.--In this section, 
the term ``appropriate congressional committees'' means--
            (1) the Committee on Armed Services, the Committee on 
        Appropriations, and the Committee on Science and Technology of 
        the House of Representatives; and
            (2) the Committee on Armed Services, the Committee on 
        Appropriations, and the Committee on Energy and Natural 
        Resources of the Senate.
SEC. 3142. EXPANSION OF AUTHORITY OF OMBUDSMAN OF ENERGY EMPLOYEES 
                          OCCUPATIONAL ILLNESS COMPENSATION 
                          PROGRAM.

    (a) In General.--Section 3686 of the Energy Employees Occupational 
Illness Compensation Program Act of 2000 (42 U.S.C. 7385s-15) is 
amended--

[[Page 123 STAT. 2716]]

            (1) in subsection (c), by inserting ``and subtitle B'' after 
        ``this subtitle'' each place it appears;
            (2) in subsection (d), by inserting ``and subtitle B'' after 
        ``this subtitle'';
            (3) in subsection (e), by inserting ``and subtitle B'' after 
        ``this subtitle'' each place it appears;
            (4) by redesignating subsection (g) as subsection (h); and
            (5) by inserting after subsection (f) the following new 
        subsection:

    ``(g) National Institute for Occupational Safety and Health 
Ombudsman.--In carrying out the duties of the Ombudsman under this 
section, the Ombudsman shall work with the individual employed by the 
National Institute for Occupational Safety and Health to serve as an 
ombudsman to individuals making claims under subtitle B.''.
    (b) <<NOTE: 42 USC 7385s-15 note.>> Construction.--Except as 
specifically provided in subsection (g) of section 3686 of the Energy 
Employees Occupational Illness Compensation Program Act of 2000, as 
amended by subsection (a) of this section, nothing in the amendments 
made by such subsection (a) shall be construed to alter or affect the 
duties and functions of the individual employed by the National 
Institute for Occupational Safety and Health to serve as an ombudsman to 
individuals making claims under subtitle B of the Energy Employees 
Occupational Illness Compensation Program Act of 2000 (42 U.S.C. 7384l 
et seq.).
SEC. 3143. <<NOTE: 42 USC 7279.>> IDENTIFICATION IN BUDGET 
                          MATERIALS OF AMOUNTS FOR CERTAIN 
                          DEPARTMENT OF ENERGY PENSION 
                          OBLIGATIONS.

    The Secretary of Energy shall include in the budget justification 
materials submitted to Congress in support of the Department of Energy 
budget for a fiscal year (as submitted with the budget of the President 
under section 1105(a) of title 31, United States Code) specific 
identification, as a budgetary line item, of the amounts required to 
meet the pension obligations of the Department of Energy for contractor 
employees at each facility of the Department of Energy operated using 
amounts authorized to be appropriated for the Department of Energy.
SEC. 3144. SENSE OF CONGRESS ON PRODUCTION OF MOLYBDENUM-99.

    (a) Findings.--Congress finds the following:
            (1) There are fewer than five reactors around the world 
        currently capable of producing molybdenum-99 (in this section 
        referred to as ``Mo-99'') and there are no such reactors in the 
        United States that can provide a reliable supply of Mo-99 to 
        meet medical needs.
            (2) Since November 2007, there have been major disruptions 
        in the global availability of Mo-99, including at facilities in 
        Canada and the Netherlands, which have led to shortages of Mo-
        99-based medical products in the United States and around the 
        world.
            (3) Ensuring a reliable supply of medical radioisotopes, 
        including Mo-99, is of great importance to the public health.
            (4) It is also a national security priority of the United 
        States, and specifically of the Department of Energy, to 
        encourage the production of low-enriched uranium-based 
        radioisotopes in order to promote a more peaceful international 
        nuclear order.

[[Page 123 STAT. 2717]]

            (5) The National Academy of Sciences has identified a need 
        to establish a reliable capability in the United States for the 
        production of Mo-99 and its derivatives for medical purposes 
        using low-enriched uranium.
            (6) There also exists a capable industrial base in the 
        United States that can support the development of Mo-99 
        production facilities and can conduct the processing and 
        distribution of radiopharmaceutical products for use in medical 
        tests worldwide.

    (b) Sense of Congress.--It is the sense of Congress that--
            (1) radioisotopes and radiopharmaceuticals, including Mo-99 
        and its derivatives, are essential components of medical tests 
        that help diagnose and treat life-threatening diseases affecting 
        millions of people each year; and
            (2) the Secretary of Energy should continue and expand a 
        program to meet the need identified by the National Academy of 
        Sciences to ensure a source of Mo-99 and its derivatives for use 
        in medical tests to help ensure the health security of the 
        United States and around the world and promote peaceful nuclear 
        industries through the use of low-enriched uranium.

          TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD

          TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD

Sec. 3201. Authorization.

SEC. 3201. AUTHORIZATION.

    There are authorized to be appropriated for fiscal year 2010, 
$26,086,000 for the operation of the Defense Nuclear Facilities Safety 
Board under chapter 21 of the Atomic Energy Act of 1954 (42 U.S.C. 2286 
et seq.).

                  TITLE XXXIV--NAVAL PETROLEUM RESERVES

Sec. 3401. Authorization of appropriations.

SEC. 3401. AUTHORIZATION OF APPROPRIATIONS.

    (a) Amount.--There are hereby authorized to be appropriated to the 
Secretary of Energy $23,627,000 for fiscal year 2010 for the purpose of 
carrying out activities under chapter 641 of title 10, United States 
Code, relating to the naval petroleum reserves.
    (b) Period of Availability.--Funds appropriated pursuant to the 
authorization of appropriations in subsection (a) shall remain available 
until expended.

                   TITLE XXXV--MARITIME ADMINISTRATION

Sec. 3501. Authorization of appropriations for fiscal year 2010.
Sec. 3502. Unused leave balances.
Sec. 3503. Temporary program authorizing contracts with adjunct 
           professors at the United States Merchant Marine Academy.
Sec. 3504. Maritime loan guarantee program.

[[Page 123 STAT. 2718]]

Sec. 3505. Defense measures against unauthorized seizures of Maritime 
           Security Fleet vessels.
Sec. 3506. Report on restrictions on United States-flagged commercial 
           vessel security.
Sec. 3507. Technical corrections to State maritime academies student 
           incentive program.
Sec. 3508. Cooperative agreements, administrative expenses, and 
           contracting authority.
Sec. 3509. Use of funding for DOT maritime heritage property.
Sec. 3510. Use of midshipman fees.
Sec. 3511. Construction of vessels in the United States policy.
Sec. 3512. Port infrastructure development program.
Sec. 3513. Reefs for marine life conservation program.
Sec. 3514. United States Merchant Marine Academy graduate program 
           receipt, disbursement, and accounting for nonappropriated 
           funds.
Sec. 3515. America's short sea transportation grants for the development 
           of marine highways.
Sec. 3516. Expansion of the Marine View system.

SEC. 3501. AUTHORIZATION OF APPROPRIATIONS FOR FISCAL YEAR 2010.

    Funds are hereby authorized to be appropriated for fiscal year 2010, 
to be available without fiscal year limitation if so provided in 
appropriations Acts, for the use of the Department of Transportation for 
the Maritime Administration as follows:
            (1) For expenses necessary for operations and training 
        activities, $152,900,000, of which--
                    (A) $15,391,000 shall remain available until 
                expended for capital improvements at the United States 
                Merchant Marine Academy;
                    (B) $11,240,000 shall remain available until 
                expended for maintenance and repair of training ships of 
                the State Maritime Academies; and
                    (C) $74,500,000 shall be available for operations at 
                the United States Merchant Marine Academy.
            (2) For expenses to maintain and preserve a United States-
        flag merchant fleet to serve the national security needs of the 
        United States under chapter 531 of title 46, United States Code, 
        $174,000,000.
            (3) For expenses to dispose of obsolete vessels in the 
        National Defense Reserve Fleet, $15,000,000.
            (4) For the cost (as defined in section 502(5) of the 
        Federal Credit Reform Act of 1990 (2 U.S.C. 661a(5)) of loan 
        guarantees under the program authorized by chapter 537 of title 
        46, United States Code, $60,000,000.
            (5) For administrative expenses related to the 
        implementation of the loan guarantee program under chapter 537 
        of title 46, United States Code, administrative expenses related 
        to the implementation of the reimbursement program under section 
        3517 of the Maritime Security Act of 2003 (46 U.S.C. 53101 
        note), and administrative expenses related to the implementation 
        of the program of assistance for small shipyards and maritime 
        communities under section 54101 of title 46, United States Code, 
        $4,000,000.
SEC. 3502. UNUSED LEAVE BALANCES.

    The Maritime Administrator may, subject to the availability of 
appropriations, make a lump-sum payment for the accumulated balance of 
unused annual leave, at a rate of pay that existed on the date of 
termination or on the day before conversion to the Civil Service, to any 
former employee of a United States Merchant Marine Academy 
nonappropriated fund instrumentality who

[[Page 123 STAT. 2719]]

was terminated from such employment in the period September 2008 through 
March 2009 under authority granted by section 3506 of the Duncan Hunter 
National Defense Authorization Act for fiscal year 2009 (Public Law 110-
417; 122 Stat. 4356).
SEC. 3503. TEMPORARY PROGRAM AUTHORIZING CONTRACTS WITH ADJUNCT 
                          PROFESSORS AT THE UNITED STATES MERCHANT 
                          MARINE ACADEMY.

    (a) In General.--Chapter 513 of title 46, United States Code, is 
amended by adding at the end thereof the following:
``Sec. 51317. Adjunct professors

    ``(a) In General.--The Maritime Administrator may establish a 
program for the purpose of contracting with individuals as personal 
services contractors to provide services as adjunct professors at the 
Academy, if the Maritime Administrator determines that there is a need 
for adjunct professors and the need is not of permanent duration.
    ``(b) Contract Requirements.--Each contract under the program--
            ``(1) must be approved by the Maritime Administrator; and
            ``(2) shall be for a duration, including options, of not to 
        exceed one year unless the Maritime Administrator finds that 
        exceptional circumstances justify an extension of up to one 
        additional year.
            ``(3) shall be subject to the availability of 
        appropriations.

    ``(c) Limitation on Number of Contractors.--In awarding contacts 
under this section, the Maritime Administrator shall ensure that not 
more than 25 individuals actively provide services in any one academic 
trimester, or equivalent, as contractors under subsection (a).
    ``(d) Reporting Requirements.--When the authority granted by 
subsection (a) is used to hire an adjunct professor at the Academy in 
fiscal year 2010 or fiscal year 2011, the Administrator shall notify the 
Committee on Armed Services of the House of Representatives, the 
Committee on Armed Services of the Senate, and the Committee on 
Commerce, Science, and Transportation of the Senate, including the need 
for and the term of employment for the adjunct professor.''.
    (b) Clerical and Conforming Amendments.--
            (1) Clerical amendment.--The table of contents for chapter 
        513 of title 46, United States Code, is amended by adding at the 
        end thereof the following new item:

``51317. Adjunct professors.' '''.

            (2) <<NOTE: Repeal.>> Conforming amendment.--Section 3506 of 
        the Duncan Hunter National Defense Authorization Act for Fiscal 
        Year 2009 (46 U.S.C. 53101 note) is repealed.
SEC. 3504. MARITIME LOAN GUARANTEE PROGRAM.

    The Congress finds that--
            (1) it is in the national security interest of the United 
        States to foster commercial shipbuilding in the United States;
            (2) the maritime loan guarantee program authorized by 
        chapter 537 or title 46, United States Code, has a long and 
        successful history of facilitating construction of commercial 
        vessels in domestic shipyards;

[[Page 123 STAT. 2720]]

            (3) the Maritime Loan Guarantee Program strengthens our 
        Nation's industrial base by allowing domestic shipyards and 
        their allied service and supply industries to more effectively 
        produce commercial vessels that enhance the commercial sealift 
        capability of the Department of Defense; and
            (4) a revitalized and effective Maritime Loan Guarantee 
        Program would result in construction of a more modern and larger 
        fleet of commercial vessels manned by United States citizens, 
        thereby providing a pool of trained United States citizen 
        mariners available to assist the Department of Defense in times 
        of war or national emergency.
SEC. 3505. DEFENSE MEASURES <<NOTE: Piracy.>> AGAINST UNAUTHORIZED 
                          SEIZURES OF MARITIME SECURITY FLEET 
                          VESSELS.

    Section 53107(b) of title 46, United States Code, is amended by 
adding at the end the following new paragraph:
            ``(3) Defense measures against unauthorized seizures.--(A) 
        The Emergency Preparedness Agreement for any operating agreement 
        that first takes effect or is renewed after the date of 
        enactment of the National Defense Authorization Act for Fiscal 
        Year 2010 shall require that any vessel operating under the 
        agreement in the carriage of cargo for the Department of Defense 
        in an area that is designated by the Coast Guard as an area of 
        high risk of piracy shall be equipped with, at a minimum, 
        appropriate non-lethal defense measures to protect the vessel, 
        crew, and cargo from unauthorized seizure at sea.
            ``(B) The Secretary of Defense and the Secretary of the 
        department in which the Coast Guard is operating shall jointly 
        prescribe the non-lethal defense measures that are required 
        under this paragraph.''.
SEC. 3506. REPORT ON RESTRICTIONS ON UNITED STATES-FLAGGED 
                          COMMERCIAL VESSEL SECURITY.

    (a) Report Required.--The Secretary of Defense and the Secretary of 
State shall prepare and submit a joint report to the appropriate 
congressional committees not later than 60 days after the date of the 
enactment of this Act on actions within their respective departments 
to--
            (1) eliminate or reduce restrictions under any regulation or 
        provision of law on the carriage of arms and use of armed 
        security teams on United States-flagged commercial vessels for 
        purpose of self defense in areas that are designated as being at 
        a high risk of piracy;
            (2) negotiate bilateral agreements with coastal states to 
        allow United States-flagged commercial vessels carrying United 
        States Government cargos, such as food aid, that must transit 
        areas designated as being at high risk of piracy, to enter the 
        ports of those coastal states while carrying arms or embarked 
        armed security teams for the purpose of self-defense; and
            (3) establish common standards, in coordination with the 
        Secretary of Homeland Security and the Commandant of the United 
        States Coast Guard, for the training and professional 
        qualifications of armed security teams.

    (b) Definitions.--In this section:
            (1) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means--

[[Page 123 STAT. 2721]]

                    (A) the Committee on Armed Services, the Committee 
                on Foreign Affairs, and the Committee on Transportation 
                and Infrastructure of the House of Representatives; and
                    (B) the Committee on Armed Services, the Committee 
                on Foreign Relations, and the Committee on Commerce, 
                Science, and Transportation of the Senate.
            (2) Armed security teams.--The term ``armed security teams'' 
        means security guards employed from the private sector for the 
        purpose of self-defense of the vessel.
SEC. 3507. TECHNICAL CORRECTIONS TO STATE MARITIME ACADEMIES 
                          STUDENT INCENTIVE PROGRAM.

    (a) Installment Payments.--Section 51509(b) of title 46, United 
States Code, is amended--
            (1) by striking ``and be paid before the start of each 
        academic year, as prescribed by the Secretary,'' and inserting 
        ``and be paid in such installments as the Secretary shall 
        determine'';
            (2) by striking ``academy.'' and inserting ``academy, as 
        prescribed by the Secretary.''.

    (b) Repeal of Redundant Section.--Section 177 of division I of 
Public Law 111-8 <<NOTE: Ante, p. 944.>>  (123 Stat. 945; relating to 
amendments previously enacted by section 3503 of division C of Public 
Law 110-417 (122 Stat. 4762)) is repealed and shall have no force or 
effect.
SEC. 3508. COOPERATIVE AGREEMENTS, ADMINISTRATIVE EXPENSES, AND 
                          CONTRACTING AUTHORITY.

    Section 109 of title 49, United States Code, is amended--
            (1) by striking the headline for subsection (h) and 
        inserting the following:

    ``(h) Contracts, Cooperative Agreements, and Audits.--'';
            (2) by striking the heading for paragraph (1) of subsection 
        (h) and inserting the following:
            ``(1) Contracts and cooperative agreements.--'';
            (3) by striking ``make contracts'' in subsection (h)(1) and 
        inserting ``make contracts and cooperative agreements'';
            (4) by striking ``section and'' in subsection (h)(1)(A) and 
        inserting ``section,'';
            (5) by striking ``title 46;'' in subsection (h)(1)(A) and 
        insert ``title 46, and all other Maritime Administration 
        programs;''; and
            (6) by redesignating subsection (i) as subsection (j) and 
        inserting after subsection (h) the following:

    ``(i) Grant Administrative Expenses.--Except as otherwise provided 
by law, the administrative and related expenses for the administration 
of any grant programs by the Maritime Administrator may not exceed 3 
percent.''.
SEC. 3509. USE OF FUNDING FOR DOT MARITIME HERITAGE PROPERTY.

    Section 6(a)(1) of the National Maritime Heritage Act of 1994 (16 
U.S.C. 5405(a)(1)) is amended by striking subparagraph (C) and inserting 
the following:
                    ``(C) The remainder, whether collected before or 
                after the date of enactment of the Maritime 
                Administration Authorization Act of 2010, shall be 
                available to the Secretary to carry out the Program, as 
                provided in subsection

[[Page 123 STAT. 2722]]

                (b) of this section or, if otherwise determined by the 
                Maritime Administrator, for use in the preservation and 
                presentation to the public of maritime heritage property 
                of the Maritime Administration.''.
SEC. 3510. USE OF MIDSHIPMAN FEES.

    Section 51314 of title 46, United States Code, is amended by 
striking ``1994.'' in subsection (b) and inserting ``1994, or for 
calculators, computers, personal and academic supplies, midshipman 
services such as barber, tailor, or laundry services, and Coast Guard 
license fees.''.
SEC. 3511. CONSTRUCTION OF VESSELS IN THE UNITED STATES POLICY.

    Section 50101(a)(4) of title 46, United States Code, is amended by 
inserting ``constructed in the United States'' after ``vessels''.
SEC. 3512. PORT INFRASTRUCTURE DEVELOPMENT PROGRAM.

    Section 50302 of title 46, United States Code, is amended by adding 
at the end thereof the following:
    ``(c) Port Infrastructure Development Program.--
            ``(1) Establishment of program.--The Secretary of 
        Transportation, through the Maritime Administrator, shall 
        establish a port infrastructure development program for the 
        improvement of port facilities as provided in this subsection.
            ``(2) Authority of the administrator.--In order to carry out 
        any project under the program established under paragraph (1), 
        the Administrator may--
                    ``(A) receive funds provided for the project from 
                Federal, non-Federal, and private entities that have a 
                specific agreement or contract with the Administrator to 
                further the purposes of this subsection;
                    ``(B) coordinate with other Federal agencies to 
                expedite the process established under the National 
                Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
                seq.) for the improvement of port facilities to improve 
                the efficiency of the transportation system, to increase 
                port security, or to provide greater access to port 
                facilities;
                    ``(C) seek to coordinate all reviews or requirements 
                with appropriate local, State, and Federal agencies; and
                    ``(D) provide such technical assistance to port 
                authorities or commissions or their subdivisions and 
                agents as needed for project planning, design, and 
                construction.
            ``(3) Port infrastructure development fund.--
                    ``(A) Establishment.--There is a Port Infrastructure 
                Development Fund for use by the Administrator in 
                carrying out projects under the port infrastructure 
                development program. The Fund shall be available to the 
                Administrator--
                          ``(i) to administer and carry out projects 
                      under the program;
                          ``(ii) to receive Federal, non-Federal, and 
                      private funds from entities which have specific 
                      agreements or contracts with the Administrator; 
                      and
                          ``(iii) to make refunds for projects that will 
                      not be completed.
                    ``(B) Credits.--There may be deposited into the 
                Fund--
                          ``(i) funds from Federal, non-Federal, and 
                      private entities which have agreements or 
                      contracts with the

[[Page 123 STAT. 2723]]

                      Administrator and which shall remain in the Fund 
                      until expended or refunded; and
                          ``(ii) such amounts as may be appropriated or 
                      transferred, subject to subparagraph (C), to the 
                      Fund under this subsection.
                    ``(C) Transfers.--
                          ``(i) In general.--Subject to clauses (ii) and 
                      (iii), amounts appropriated or otherwise made 
                      available for any fiscal year for a marine 
                      facility or intermodal facility that includes 
                      maritime transportation may be transferred, at the 
                      option of the recipient of such amounts, to the 
                      Fund and administered by the Administrator as a 
                      component of a project under the program.
                          ``(ii) Prohibition on transfers.--Except as 
                      provided in clause (iii), no funds appropriated or 
                      made available under title 23 or chapter 53 of 
                      title 49, United States Code, including funds from 
                      the Highway Trust Fund (section 9503(c) of the 
                      Internal Revenue Code of 1986), funds from the 
                      Mass Transit Account of the Highway Trust Fund 
                      (section 9503(e) of Internal Revenue Code of 
                      1986), and funds provided for public 
                      transportation programs within the mass transit 
                      category (as defined in section 250(c)(4)(C) of 
                      the Balanced Budget and Emergency Deficit Control 
                      Act of 1985), shall be transferred into the Fund.
                          ``(iii) Exception.--
                                    ``(I) In general.--Amounts described 
                                in subclause (II) are eligible for 
                                transfer into the Fund if--
                                            ``(aa) the recipient of the 
                                        amounts has a specific agreement 
                                        or contract with the 
                                        Administrator;
                                            ``(bb) the Department of 
                                        Transportation agency that 
                                        administers the amounts to be 
                                        transferred has granted project 
                                        approval for each component of 
                                        the project that is to be funded 
                                        using such amounts;
                                            ``(cc) the Department of 
                                        Transportation agency that 
                                        administers the amounts to be 
                                        transferred and the Maritime 
                                        Administration agree to the 
                                        transfer through a signed 
                                        Memorandum of Understanding; and
                                            ``(dd) the amounts will be 
                                        used only to carry out the 
                                        project for which funds were 
                                        approved, and in accordance with 
                                        any conditions governing the 
                                        amounts under title 23 or 
                                        chapter 53 of title 49, United 
                                        States Code.
                                    ``(II) Amounts described.--The 
                                amounts referred to in subclause (I) are 
                                amounts appropriated or made available--
                                            ``(aa) for loans, loan 
                                        guarantees, or lines of credit 
                                        under chapter 6 of title 23, 
                                        United States Code, for a 
                                        project eligible under such 
                                        chapter to facilitate direct 
                                        intermodal exchange, transfer, 
                                        and access into and out of a 
                                        port as defined under section

[[Page 123 STAT. 2724]]

                                        601(a)(8)(D)(iii) of such title, 
                                        as in effect on the date of 
                                        enactment of this subsection; or
                                            ``(bb) for projects under 
                                        title XII of division A of the 
                                        American Recovery and 
                                        Reinvestment Act of 2009 (Public 
                                        Law 111-5).
                    ``(D) Limitation on statutory construction.--Nothing 
                in this section shall be construed to alter or otherwise 
                affect existing authorities to conduct port 
                infrastructure programs in Hawaii (as authorized by 
                section 9008 of Public Law 109-59), Alaska (as 
                authorized by section 10205 of Public Law 109-59), or 
                Guam (as authorized by section 3512 of Public Law 110-
                417).
            ``(4) Authorization of appropriations.--There are authorized 
        to be appropriated to the Fund such sums as may be necessary to 
        carry out the program, taking into account amounts received 
        under paragraph (3)(A)(ii).''.
SEC. 3513. REEFS FOR MARINE LIFE CONSERVATION PROGRAM.

    (a) In General.--Section 3 of Public Law 92-402 (16 U.S.C. 1220) is 
amended by adding at the end thereof the following:
    ``(d) Any territory, possession, or Commonwealth of the United 
States, and any foreign country, may apply to the Secretary for an 
obsolete vessel to be used for an artificial reef under this section. 
The application process and reefing of any such obsolete vessel shall be 
performed in a manner consistent with the process jointly developed by 
the Secretary of Transportation and the Administrator of the 
Environmental Protection Agency under section 3504(b) of Public Law 107-
314 (16 U.S.C. 1220 note).''.
    (b) Limitation.--Section 7 of Public Law 92-402 (16 U.S.C. 1220c-1) 
is amended by adding at the end thereof the following:
    ``(d) Limitation.--The Secretary may not provide assistance under 
this section to a foreign country to which an obsolete ship is 
transferred under this Act.''.
SEC. 3514. UNITED STATES MERCHANT MARINE ACADEMY GRADUATE PROGRAM 
                          RECEIPT, DISBURSEMENT, AND ACCOUNTING 
                          FOR NONAPPROPRIATED FUNDS.

    Section 51309(b) of title 46, United States Code, is amended by 
inserting after ``body.'' the following: ``Nonappropriated funds 
received for this purpose shall be credited to the Maritime 
Administration's Operations and Training appropriation, to remain 
available until expended, for those expenses directly related to the 
purpose of such receipts. The Superintendent shall maintain a separate 
and detailed accounting of nonappropriated fund receipts and all 
associated expenses.''.
SEC. 3515. AMERICA'S SHORT SEA TRANSPORTATION GRANTS FOR THE 
                          DEVELOPMENT OF MARINE HIGHWAYS.

    Section 55601 of title 46, United States Code, is amended by adding 
at the end the following:
    ``(g) Grants.--
            ``(1) In general.--The Secretary shall establish and 
        implement a short sea transportation grant program to implement 
        projects or components of a project designated under subsection 
        (d).
            ``(2) Applications.--In order to receive a grant under the 
        program, an applicant shall--

[[Page 123 STAT. 2725]]

                    ``(A) submit an application to the Secretary, in 
                such form and manner, at such time, and containing such 
                information as the Secretary may require; and
                    ``(B) demonstrate to the satisfaction of the 
                Secretary that--
                          ``(i) the project is financially viable;
                          ``(ii) the funds received will be spent 
                      efficiently and effectively; and
                          ``(iii) a market exists for the services of 
                      the proposed project as evidenced by contracts or 
                      written statements of intent from potential 
                      customers.
            ``(3) Non-federal share.--An applicant shall provide at 
        least 20 percent of the project costs from non-Federal sources. 
        In awarding grants under the program, the Secretary shall give a 
        preference to those projects or components that present the most 
        financially viable transportation services and require the 
        lowest percentage Federal share of the costs.''.
SEC. 3516. <<NOTE: 49 USC 109 note.>> EXPANSION OF THE MARINE VIEW 
                          SYSTEM.

    (a) Definitions.--In this section:
            (1) Marine transportation system.--The term ``marine 
        transportation system'' means the navigable water transportation 
        system of the United States, including the vessels, ports (and 
        intermodal connections thereto), and shipyards and other vessel 
        repair facilities that are components of that system.
            (2) Marine view system.--The term ``Marine View system'' 
        means the information system of the Maritime Administration 
        known as Marine View.

    (b) Purposes.--The purposes of this section are--
            (1) to expand the Marine View system; and
            (2) to provide support for the strategic requirements of the 
        marine transportation system and its contribution to the 
        economic viability of the United States.

    (c) Expansion of Marine View System.--To accomplish the purposes of 
this section, the Secretary of Transportation shall expand the Marine 
View system so that such system is able to identify, collect, integrate, 
secure, protect, store, and securely distribute throughout the marine 
transportation system information that--
            (1) provides access to many disparate marine transportation 
        system data sources;
            (2) enables a system-wide view of the marine transportation 
        system;
            (3) fosters partnerships between the Government of the 
        United States and private entities;
            (4) facilitates accurate and efficient modeling of the 
        entire marine transportation system environment;
            (5) monitors and tracks threats to the marine transportation 
        system, including areas of severe weather or reported piracy; 
        and
            (6) provides vessel tracking and rerouting, as appropriate, 
        to ensure that the economic viability of the United States 
        waterways is maintained.

[[Page 123 STAT. 2726]]

                       DIVISION D--FUNDING TABLES

SEC. 4001. AUTHORIZATION OF AMOUNTS IN FUNDING TABLES.

    (a) Amounts Specified in Funding Tables Are Authorized by Law.--
Wherever a funding table in this Division specifies a dollar amount for 
a project, program, or activity, the obligation and expenditure of the 
specified dollar amount for the indicated project, program, or activity 
is hereby authorized by law, subject to the availability of 
appropriations.
    (b) Merit-based Decisions.--Decisions by agency heads to commit, 
obligate, or expend funds with or to a specific entity on the basis of 
dollar amount authorized pursuant to subsection (a) shall be based on 
authorized, transparent, statutory criteria, or merit-based selection 
procedures in accordance with the requirements of sections 2304(k) and 
2374 of title 10, United States Code, and other applicable provisions of 
law.
    (c) Relationship to Transfer and Reprogramming Authority.--This 
section does not prevent an amount covered by this section from being 
transferred or reprogrammed under a transfer or reprogramming authority 
provided by another provision of this Act or by other law. The transfer 
or reprogramming of an amount specified in a funding table referred to 
in subsection (a) shall not count against a ceiling on such transfers or 
reprogrammings under section 1001 of this Act or any other provision of 
law, unless such transfer or reprogramming would move funds between 
appropriation accounts.
    (d) Applicability to Classified Annex.--This section applies to any 
classified annex that accompanies this Act.
    (e) Oral and Written Communication.--No oral or written 
communication concerning any amount specified in a funding table 
referred to in subsection (a) shall supersede the requirements of this 
section.

                         TITLE XLI--PROCUREMENT

SEC. 4101. PROCUREMENT.

------------------------------------------------------------------------
                  PROCUREMENT (In Thousands of Dollars)
-------------------------------------------------------------------------
                                              FY 2010       Conference
       Line                 Item              Request        Agreement
------------------------------------------------------------------------
                   AIRCRAFT PROCUREMENT,
                    ARMY
                   AIRCRAFT
                   FIXED WING
001                JOINT CARGO AIRCRAFT
                    (JCA).
002                UTILITY F/W AIRCRAFT.
003                MQ-1 UAV.............         401,364         201,364
                      Avoid forward                           [-200,000]
                      funding of
                      production.
004                RQ-11 (RAVEN)........          35,008          35,008
004A               C-12A................
                   ROTARY WING
006                ARMED RECONNAISSANCE
                    HELICOPTER.
007                   ADVANCE
                      PROCUREMENT (CY).
008                HELICOPTER, LIGHT             326,040         326,040
                    UTILITY (LUH).
009                AH-64 APACHE BLOCK            161,280         161,280
                    III.
010                   ADVANCE                     57,890          57,890
                      PROCUREMENT (CY).
011                UH-60 BLACKHAWK (MYP)       1,258,374       1,258,374
012                   ADVANCE                     98,740          98,740
                      PROCUREMENT (CY).
013                CH-47 HELICOPTER.....         860,087         882,087
                      Transfer From APA                         [22,000]
                      22.

[[Page 123 STAT. 2727]]

 
014                   ADVANCE                     50,676          50,676
                      PROCUREMENT (CY).
015                HELICOPTER NEW                 19,639               0
                    TRAINING.
                      Program Not                              [-19,639]
                      Justified.
                   MODIFICATION OF
                    AIRCRAFT
016                MQ-1 PAYLOAD--UAS....          87,424          87,424
017                MQ-1 WEAPONIZATION--           14,832          14,832
                    UAS.
018                GUARDRAIL MODS (MIP).          61,517          61,517
019                MULTI SENSOR ABN               21,457          21,457
                    RECON (MIP).
020                AH-64 MODS...........         426,415         427,415
                      Air Filtration                             [1,000]
                      Systems.
021                   ADVANCE
                      PROCUREMENT (CY).
022                CH-47 CARGO                   102,876          85,876
                    HELICOPTER MODS
                    (MYP).
                      Common Avionics                            [2,000]
                      Architecture
                      System.
                      Vibration                                  [3,000]
                      Management
                      Enhancement
                      Program.
                      Transfer to APA 13                       [-22,000]
023                   ADVANCE
                      PROCUREMENT (CY).
024                UTILITY/CARGO                  39,547          39,547
                    AIRPLANE MODS.
025                AIRCRAFT LONG RANGE               823             823
                    MODS.
026                UTILITY HELICOPTER             66,682          71,682
                    MODS.
                      UH-60 ARNG                                 [5,000]
                      Rewiring Program.
027                KIOWA WARRIOR........         140,768         140,768
028                AIRBORNE AVIONICS....         241,287         241,287
029                GATM ROLLUP..........         103,142         103,142
030                RQ-7 UAV MODS........         283,012         283,012
030A               C-12A................
                   SPARES AND REPAIR
                    PARTS
031                SPARE PARTS (AIR)....           7,083           7,083
                   SUPPORT EQUIPMENT AND
                    FACILITIES
                   GROUND SUPPORT
                    AVIONICS
032                AIRCRAFT                       25,975          25,975
                    SURVIVABILITY
                    EQUIPMENT.
033                ASE INFRARED CM......         186,356         186,356
                   OTHER SUPPORT
034                AVIONICS SUPPORT                4,933           4,933
                    EQUIPMENT.
035                COMMON GROUND                  87,682          87,682
                    EQUIPMENT.
036                AIRCREW INTEGRATED             52,725          55,725
                    SYSTEMS.
                      Air warrior                                [3,000]
                      ensemble--generati
                      on III.
037                AIR TRAFFIC CONTROL..          76,999          76,999
038                INDUSTRIAL FACILITIES           1,533           1,533
039                LAUNCHER, 2.75 ROCKET           2,716           2,716
040                AIRBORNE                       11,109          11,109
                    COMMUNICATIONS.
 
                   TOTAL--AIRCRAFT             5,315,991       5,110,352
                    PROCUREMENT, ARMY.
 
                   MISSILE PROCUREMENT,
                    ARMY
                   OTHER MISSILES
                   SURFACE-TO-AIR
                    MISSILE SYSTEM
001                PATRIOT SYSTEM                348,351         348,351
                    SUMMARY.
002                PATRIOT/MEADS CAP              16,406          16,406
                    SYSTEM SUMMARY.
003                SURFACE-LAUNCHED               72,920          72,920
                    AMRAAM SYSTEM
                    SUMMARY:.
004                   ADVANCE
                      PROCUREMENT (CY).
                   AIR-TO-SURFACE
                    MISSILE SYSTEM
005                HELLFIRE SYS SUMMARY.          31,154          29,154
                      Unjustified cost                          [-2,000]
                      growth.
                   ANTI-TANK/ASSAULT
                    MISSILE SYSTEM
006                JAVELIN (AAWS-M)              148,649         148,649
                    SYSTEM SUMMARY.
007                TOW 2 SYSTEM SUMMARY.         108,066         108,066
008                GUIDED MLRS ROCKET            293,617         293,617
                    (GMLRS).
009                MLRS REDUCED RANGE             15,663          15,663
                    PRACTICE ROCKETS
                    (RRPR).
010                HIGH MOBILITY                 209,061         209,061
                    ARTILLERY ROCKET
                    SYSTEM (HIMARS.
011                ARMY TACTICAL MSL SYS
                    (ATACMS)--SYS SUM.
                   MODIFICATIONS
012                PATRIOT MODS.........          44,775          44,775
013                ITAS/TOW MODS........           6,983           6,983
014                MLRS MODS............           3,662           3,662
015                HIMARS MODIFICATIONS.          38,690          38,690
016                HELLFIRE                           10              10
                    MODIFICATIONS.
                   SPARES AND REPAIR
                    PARTS

[[Page 123 STAT. 2728]]

 
017                SPARES AND REPAIR              22,338          22,338
                    PARTS.
                   SUPPORT EQUIPMENT AND
                    FACILITIES
018                AIR DEFENSE TARGETS..           4,188           4,188
019                ITEMS LESS THAN $5.0M           1,178           1,178
                    (MISSILES).
020                PRODUCTION BASE                 4,398           4,398
                    SUPPORT.
 
                   TOTAL--MISSILE              1,370,109       1,368,109
                    PROCUREMENT, ARMY.
 
                   PROCUREMENT OF
                    WEAPONS & TRACKED
                    COMBAT VEHICLES
                   TRACKED COMBAT
                    VEHICLES
001                BRADLEY PROGRAM......
002                BRADLEY TRAINING
                    DEVICES (MOD).
003                ABRAMS TANK TRAINING
                    DEVICES.
004                STRYKER VEHICLE......         388,596         364,196
                      Program Reduction.                       [-24,400]
005                FUTURE COMBAT
                    SYSTEMS: (FCS).
006                   ADVANCE
                      PROCUREMENT (CY).
007                FCS SPIN OUTS........         285,920         285,920
008                   ADVANCE                     42,001          42,001
                      PROCUREMENT (CY).
                   MODIFICATION OF
                    TRACKED COMBAT
                    VEHICLES
009                FIST VEHICLE (MOD)...          34,192          34,192
010                BRADLEY PROGRAM (MOD)         526,356         526,356
011                HOWITZER, MED SP FT            96,503           5,003
                    155MM M109A6 (MOD).
                     Army requested                            [-91,500]
                      transfer to RDT&E,
                      A, line 114.
012                IMPROVED RECOVERY              96,814          96,814
                    VEHICLE (M88A2
                    HERCULES).
013                ARMORED BREACHER               63,250          63,250
                    VEHICLE.
014                JOINT ASSAULT BRIDGE.          70,637          70,637
015                M1 ABRAMS TANK (MOD).         183,829         183,829
016                ABRAMS UPGRADE                185,611         185,611
                    PROGRAM.
                   SUPPORT EQUIPMENT &
                    FACILITIES
017                ITEMS LESS THAN $5.0M
                    (TCV-WTCV).
018                PRODUCTION BASE                 6,601           6,601
                    SUPPORT (TCV-WTCV).
                   WEAPONS AND OTHER
                    COMBAT VEHICLES
019                HOWITZER, LIGHT,               95,631          95,631
                    TOWED, 105MM, M119.
020                M240 MEDIUM MACHINE            32,919          32,919
                    GUN (7.62MM).
021                MACHINE GUN, CAL .50           84,588          84,588
                    M2 ROLL.
022                LIGHTWEIGHT .50                   977             977
                    CALIBER MACHINE GUN.
023                M249 SAW MACHINE GUN            7,535           7,535
                    (5.56MM).
024                MK-19 GRENADE MACHINE           7,700           7,700
                    GUN (40MM).
025                MORTAR SYSTEMS.......          14,779          14,779
026                M107, CAL. 50, SNIPER             224             224
                    RIFLE.
027                XM320 GRENADE                  16,023          16,023
                    LAUNCHER MODULE
                    (GLM).
028                M110 SEMI-AUTOMATIC             6,223           6,223
                    SNIPER SYSTEM (SASS).
029                M4 CARBINE...........          20,500          20,500
030                SHOTGUN, MODULAR                6,945           6,945
                    ACCESSORY SYSTEM
                    (MASS).
031                COMMON REMOTELY                               100,000
                    OPERATED WEAPONS
                    STATION (CRO.
                      Program Increase..                       [100,000]
032                HANDGUN..............           3,389           3,389
033                HOWITZER LT WT 155MM           49,572          49,572
                    (T).
                   MOD OF WEAPONS AND
                    OTHER COMBAT VEH
034                MK-19 GRENADE MACHINE           8,164           8,164
                    GUN MODS.
035                M4 CARBINE MODS......          31,472          31,472
036                M2 50 CAL MACHINE GUN           7,738           7,738
                    MODS.
037                M249 SAW MACHINE GUN            7,833           7,833
                    MODS.
038                M240 MEDIUM MACHINE            17,964          17,964
                    GUN MODS.
039                PHALANX MODS.........
040                M119 MODIFICATIONS...          25,306          25,306
041                M16 RIFLE MODS.......           4,186           4,186
041A               M14 7.62 RIFLE MODS..
042                MODIFICATIONS LESS              6,164           6,164
                    THAN $5.0M (WOCV-
                    WTCV).
                   SUPPORT EQUIPMENT &
                    FACILITIES
043                ITEMS LESS THAN $5.0M             551             551
                    (WOCV-WTCV).
044                PRODUCTION BASE                 9,855          12,855
                    SUPPORT (WOCV-WTCV).
                      Arsenal Support                            [3,000]
                      Program Initiative
                      (ASPI) at Rock
                      Island.
045                INDUSTRIAL                        392             392
                    PREPAREDNESS.
046                SMALL ARMS EQUIPMENT            5,012           5,012
                    (SOLDIER ENH PROG).

[[Page 123 STAT. 2729]]

 
 
                   TOTAL--PROCUREMENT OF       2,451,952       2,439,052
                    WTCV, ARMY.
 
                   PROCUREMENT OF
                    AMMUNITION, ARMY
                   AMMUNITION
                   SMALL/MEDIUM CALIBER
                    AMMUNITION
001                CTG, 5.56MM, ALL              207,752         207,752
                    TYPES.
002                CTG, 7.62MM, ALL               77,602          77,602
                    TYPES.
003                CTG, HANDGUN, ALL               5,120           5,120
                    TYPES.
004                CTG, .50 CAL, ALL             162,342         162,342
                    TYPES.
005                CTG, 25MM, ALL TYPES.          17,054          17,054
006                CTG, 30MM, ALL TYPES.          96,572          96,572
007                CTG, 40MM, ALL TYPES.         172,675         175,675
                      Additional 40mm                            [3,000]
                      Mortar Rounds--
                      Milan AAP.
                   MORTAR AMMUNITION
008                60MM MORTAR, ALL               23,607          25,607
                    TYPES.
                      M722 60mm White                            [2,000]
                      Phosphorous Smoke
                      Mortar Rounds.
009                81MM MORTAR, ALL               28,719          28,719
                    TYPES.
010                CTG, MORTAR, 120MM,           104,961         104,961
                    ALL TYPES.
                   TANK AMMUNITION
011                CTG TANK 105MM: ALL             7,741           7,741
                    TYPES.
012                CTG, TANK, 120MM, ALL         113,483         113,483
                    TYPES.
                   ARTILLERY AMMUNITION
013                CTG, ARTY, 75MM: ALL            5,229           5,229
                    TYPES.
014                CTG, ARTY, 105MM: ALL          90,726          90,726
                    TYPES.
015                CTG, ARTY, 155MM, ALL          54,546          54,546
                    TYPES.
016                PROJ 155MM EXTENDED            62,292          62,292
                    RANGE XM982.
017                MODULAR ARTILLERY              33,441          33,441
                    CHARGE SYSTEM
                    (MACS), ALL T.
                   ARTILLERY FUZES
018                ARTILLERY FUZES, ALL           19,870          19,870
                    TYPES.
                   MINES
019                MINES, ALL TYPES.....             815             815
020                MINE, CLEARING
                    CHARGE, ALL TYPES.
021                ANTIPERSONNEL                  56,387          56,387
                    LANDMINE
                    ALTERNATIVES.
022                INTELLIGENT MUNITIONS          19,507          19,507
                    SYSTEM (IMS), ALL
                    TYPES.
                   ROCKETS
023                SHOULDER LAUNCHED              45,302          45,302
                    MUNITIONS, ALL TYPES.
024                ROCKET, HYDRA 70, ALL          99,904          99,904
                    TYPES.
                   OTHER AMMUNITION
025                DEMOLITION MUNITIONS,          18,793          18,793
                    ALL TYPES.
026                GRENADES, ALL TYPES..          49,910          49,910
027                SIGNALS, ALL TYPES...          83,094          83,094
028                SIMULATORS, ALL TYPES          12,081          12,081
                   MISCELLANEOUS
029                AMMO COMPONENTS, ALL           17,968          17,968
                    TYPES.
030                NON-LETHAL                      7,378           7,378
                    AMMUNITION, ALL
                    TYPES.
031                CAD/PAD ALL TYPES....           3,353           3,353
032                ITEMS LESS THAN $5              8,826           8,826
                    MILLION.
033                AMMUNITION PECULIAR            11,187          11,187
                    EQUIPMENT.
034                FIRST DESTINATION              14,354          14,354
                    TRANSPORTATION
                    (AMMO).
035                CLOSEOUT LIABILITIES.              99              99
                   AMMUNITION PRODUCTION
                    BASE SUPPORT
                   PRODUCTION BASE
                    SUPPORT
036                PROVISION OF                  151,943         153,943
                    INDUSTRIAL
                    FACILITIES.
                      Bomb line                                  [2,000]
                      modernization.
037                LAYAWAY OF INDUSTRIAL           9,529           9,529
                    FACILITIES.
038                MAINTENANCE OF                  8,772           8,772
                    INACTIVE FACILITIES.
039                CONVENTIONAL                  145,777         145,777
                    MUNITIONS
                    DEMILITARIZATION,
                    ALL.
040                ARMS INITIATIVE......           3,184           3,184
 
                   TOTAL--PROCUREMENT OF       2,051,895       2,058,895
                    AMMUNITION, ARMY.
 
                   OTHER PROCUREMENT,
                    ARMY
                   TACTICAL AND SUPPORT
                    VEHICLES
                   TACTICAL VEHICLES
001                TACTICAL TRAILERS/             95,893          95,893
                    DOLLY SETS.
002                SEMITRAILERS,                  20,870          20,870
                    FLATBED:.

[[Page 123 STAT. 2730]]

 
003                SEMITRAILERS, TANKERS          13,217          13,217
004                HI MOB MULTI-PURP             281,123         281,123
                    WHLD VEH (HMMWV).
005                FAMILY OF MEDIUM            1,158,522       1,033,522
                    TACTICAL VEH (FMTV).
                      Program reduction.                      [-125,000]
006                FIRETRUCKS &                   17,575          17,575
                    ASSOCIATED
                    FIREFIGHTING
                    EQUIPMEN.
007                FAMILY OF HEAVY               812,918         812,918
                    TACTICAL VEHICLES
                    (FHTV).
008                PLS ESP..............          18,973          18,973
009                ARMORED SECURITY              136,605         136,605
                    VEHICLES (ASV).
010                MINE PROTECTION               402,517         312,517
                    VEHICLE FAMILY.
                      Reassessment of                          [-90,000]
                      program
                      requirement.
011                FAMILY OF MINE
                    RESISTANT AMBUSH
                    PROTEC (MRAP).
012                TRUCK, TRACTOR, LINE           74,703          74,703
                    HAUL, M915/M916.
013                HVY EXPANDED MOBILE           180,793         180,793
                    TACTICAL TRUCK EXT
                    SERV P.
014                HMMWV                           2,904           2,904
                    RECAPITALIZATION
                    PROGRAM.
015                MODIFICATION OF IN             10,314          10,314
                    SVC EQUIP.
016                ITEMS LESS THAN $5.0M             298             298
                    (TAC VEH).
017                TOWING DEVICE-FIFTH               414             414
                    WHEEL.
                   NON-TACTICAL VEHICLES
018                HEAVY ARMORED SEDAN..           1,980           1,980
019                PASSENGER CARRYING                269             269
                    VEHICLES.
020                NONTACTICAL VEHICLES,           3,052           3,052
                    OTHER.
                   COMMUNICATIONS AND
                    ELECTRONICS
                    EQUIPMENT
                   COMM-JOINT
                    COMMUNICATIONS
021                COMBAT IDENTIFICATION
                    PROGRAM.
022                JOINT COMBAT                   11,868          11,868
                    IDENTIFICATION
                    MARKING SYSTEM.
023                WIN-T--GROUND FORCES          544,202         544,202
                    TACTICAL NETWORK.
024                JCSE EQUIPMENT                  4,868           4,868
                    (USREDCOM).
                   COMM--SATELLITE
                    COMMUNICATIONS
025                DEFENSE ENTERPRISE            145,108         145,108
                    WIDEBAND SATCOM
                    SYSTEMS (S.
026                SHF TERM.............          90,918          90,918
027                SAT TERM, EMUT                    653             653
                    (SPACE).
028                NAVSTAR GLOBAL                 72,735          72,735
                    POSITIONING SYSTEM
                    (SPACE).
029                SMART-T (SPACE)......          61,116          61,116
030                SCAMP (SPACE)........           1,834           1,834
031                GLOBAL BRDCST SVC--             6,849           6,849
                    GBS.
032                MOD OF IN-SVC EQUIP             2,862           2,862
                    (TAC SAT).
                   COMM--COMBAT SUPPORT
                    COMM
032A               MOD-IN-SERVICE
                    PROFILER.
                   COMM--C3 SYSTEM
033                ARMY GLOBAL CMD &              22,996          22,996
                    CONTROL SYS (AGCCS).
                   COMM--COMBAT
                    COMMUNICATIONS
034                ARMY DATA                       1,705           1,705
                    DISTRIBUTION SYSTEM
                    (DATA RADIO).
035                JOINT TACTICAL RADIO           90,204          35,040
                    SYSTEM.
                      Testing delays in                        [-55,164]
                      JTRS GMR.
036                RADIO TERMINAL SET,             8,549           8,549
                    MIDS LVT(2).
037                SINCGARS FAMILY......           6,812               0
                      Program Reduction.                        [-6,812]
038                AMC CRITICAL ITEMS--
                    OPA2.
038A               SINCGARS--GROUND.....
039                MULTI-PURPOSE                   6,164           6,164
                    INFORMATIONS
                    OPERATIONS SYSEMS.
040                BRIDGE TO FUTURE
                    NETWORKS.
041                COMMS-ELEC EQUIP
                    FIELDING.
042                SPIDER APLA REMOTE             21,820          21,820
                    CONTROL UNIT.
043                IMS REMOTE CONTROL              9,256           9,256
                    UNIT.
044                SOLDIER ENHANCEMENT             4,646           4,646
                    PROGRAM COMM/
                    ELECTRONICS.
045                COMBAT SURVIVOR                 2,367           2,367
                    EVADER LOCATOR
                    (CSEL).
046                RADIO, IMPROVED HF              6,555           6,555
                    (COTS) FAMILY.
047                MEDICAL COMM FOR CBT           18,583          18,583
                    CASUALTY CARE (MC4).
                   COMM--INTELLIGENCE
                    COMM
048                CI AUTOMATION                   1,414           1,414
                    ARCHITECTURE (MIP).
                   INFORMATION SECURITY
049                TSEC--ARMY KEY MGT             29,525          29,525
                    SYS (AKMS).
050                INFORMATION SYSTEM             33,189          33,189
                    SECURITY PROGRAM-
                    ISSP.
                   COMM--LONG HAUL
                    COMMUNICATIONS
051                TERRESTRIAL                     1,890           1,890
                    TRANSMISSION.
052                BASE SUPPORT                   25,525          25,525
                    COMMUNICATIONS.
053                ELECTROMAG COMP PROG
                    (EMCP).

[[Page 123 STAT. 2731]]

 
054                WW TECH CON IMP PROG           31,256          31,256
                    (WWTCIP).
                   COMM--BASE
                    COMMUNICATIONS
055                INFORMATION SYSTEMS..         216,057         216,057
056                DEFENSE MESSAGE                 6,203           6,203
                    SYSTEM (DMS).
057                INSTALLATION INFO             147,111         147,111
                    INFRASTRUCTURE MOD
                    PROGRAM(.
058                PENTAGON INFORMATION           39,906          39,906
                    MGT AND TELECOM.
                   ELECT EQUIP--TACT INT
                    REL ACT (TIARA)
061                ALL SOURCE ANALYSIS
                    SYS (ASAS) (MIP).
062                JTT/CIBS-M (MIP).....           3,279           3,279
063                PROPHET GROUND (MIP).          64,498          64,498
064                TACTICAL UNMANNED
                    AERIAL SYS (TUAS)MIP.
065                SMALL UNMANNED AERIAL
                    SYSTEM (SUAS).
066                DIGITAL TOPOGRAPHIC
                    SPT SYS (DTSS) (MIP).
067                DRUG INTERDICTION
                    PROGRAM (DIP)
                    (TIARA).
068                TACTICAL EXPLOITATION
                    SYSTEM (MIP).
069                DCGS-A (MIP).........          85,354          85,354
070                JOINT TACTICAL GROUND           6,703           6,703
                    STATION (JTAGS).
071                TROJAN (MIP).........          26,659          26,659
072                MOD OF IN-SVC EQUIP             7,021           7,021
                    (INTEL SPT) (MIP).
073                CI HUMINT AUTO                  4,509           4,509
                    REPRTING AND
                    COLL(CHARCS) (MIP.
074                SEQUOYAH FOREIGN                6,420           6,420
                    LANGUAGE TRANSLATION
                    SYSTEM.
075                ITEMS LESS THAN $5.0M          17,053          17,053
                    (MIP).
                   ELECT EQUIP--
                    ELECTRONIC WARFARE
                    (EW)
076                LIGHTWEIGHT COUNTER            31,661          31,661
                    MORTAR RADAR.
077                WARLOCK..............
078                COUNTERINTELLIGENCE/            1,284           1,284
                    SECURITY
                    COUNTERMEASURES.
079                CI MODERNIZATION                1,221           1,221
                    (MIP).
                   ELECT EQUIP--TACTICAL
                    SURV. (TAC SURV)
080                SENTINEL MODS........          25,863          25,863
081                SENSE THROUGH THE              25,352          25,352
                    WALL (STTW).
082                NIGHT VISION DEVICES.         366,820         191,158
                      Contractor                              [-175,662]
                      production delays
                      in Enhanced Night
                      Vision Goggle line.
083                LONG RANGE ADVANCED           133,836         133,836
                    SCOUT SURVEILLANCE
                    SYSTEM.
084                NIGHT VISION, THERMAL         313,237         313,237
                    WPN SIGHT.
085                SMALL TACTICAL                  9,179           9,179
                    OPTICAL RIFLE
                    MOUNTED MLRF.
086                RADIATION MONITORING            2,198           2,198
                    SYSTEMS.
087                COUNTER-ROCKET,
                    ARTILLERY & MORTAR
                    (C-RAM).
088                BASE EXPEDITIONARY
                    TARGETING AND SURV
                    SYS.
089                ARTILLERY ACCURACY              5,838           5,838
                    EQUIP.
090                MOD OF IN-SVC EQUIP
                    (MMS).
091                ENHANCED PORTABLE               1,178           1,178
                    INDUCTIVE ARTILLERY
                    FUZE SE.
092                PROFILER.............           4,766           4,766
093                MOD OF IN-SVC EQUIP             2,801           2,801
                    (FIREFINDER RADARS).
094                FORCE XXI BATTLE CMD          271,979         271,979
                    BRIGADE & BELOW
                    (FBCB2).
095                JOINT BATTLE COMMAND--         17,242          17,242
                    PLATFORM (JBC-P).
096                LIGHTWEIGHT LASER              59,080          59,080
                    DESIGNATOR/
                    RANGEFINDER (LLD.
097                COMPUTER BALLISTICS:
                    LHMBC XM32.
098                MORTAR FIRE CONTROL            15,520          15,520
                    SYSTEM.
099                COUNTERFIRE RADARS...         194,665         194,665
100                INTEGRATED MET SYS
                    SENSORS (IMETS)--MIP.
101                ENHANCED SENSOR &               1,944           1,944
                    MONITORING SYSTEM.
                   ELECT EQUIP--TACTICAL
                    C2 SYSTEMS
102                TACTICAL OPERATIONS            29,934          29,934
                    CENTERS.
103                FIRE SUPPORT C2                39,042          39,042
                    FAMILY.
104                BATTLE COMMAND                 31,968          31,968
                    SUSTAINMENT SUPPORT
                    SYSTEM (BC.
105                FAAD C2..............           8,289           8,289
106                AIR & MSL DEFENSE              62,439          62,439
                    PLANNING & CONTROL
                    SYS (AMD.
107                KNIGHT FAMILY........          80,831          80,831
108                LIFE CYCLE SOFTWARE             1,778           1,778
                    SUPPORT (LCSS).
109                AUTOMATIC                      31,542          31,542
                    IDENTIFICATION
                    TECHNOLOGY.
110                TC AIMS II...........          11,124          11,124
111                JOINT NETWORK
                    MANAGEMENT SYSTEM
                    (JNMS).
112                TACTICAL INTERNET
                    MANAGER.
113                NETWORK MANAGEMENT             53,898          53,898
                    INITIALIZATION AND
                    SERVICE.
114                MANEUVER CONTROL               77,646          77,646
                    SYSTEM (MCS).
115                SINGLE ARMY LOGISTICS          46,861          46,861
                    ENTERPRISE (SALE).

[[Page 123 STAT. 2732]]

 
116                RECONNAISSANCE AND             11,118          11,118
                    SURVEYING INSTRUMENT
                    SET.
117                MOUNTED BATTLE                    926             926
                    COMMAND ON THE MOVE
                    (MBCOTM).
                   ELECT EQUIP--
                    AUTOMATION
118                GENERAL FUND                   85,801          85,801
                    ENTERPRISE BUSINESS
                    SYSTEM.
119                ARMY TRAINING                  12,823          12,823
                    MODERNIZATION.
120                AUTOMATED DATA                254,723         239,723
                    PROCESSING EQUIP.
                      Program Reduction.                       [-15,000]
121                CSS COMMUNICATIONS...          33,749          33,749
122                RESERVE COMPONENT              39,675          39,675
                    AUTOMATION SYS
                    (RCAS).
                   ELECT EQUIP--AUDIO
                    VISUAL SYS (A/V)
123                AFRTS................
124                ITEMS LESS THAN $5.0M           2,709           2,709
                    (A/V).
125                ITEMS LESS THAN $5M             5,172           5,172
                    (SURVEYING
                    EQUIPMENT).
                   ELECT EQUIP--MODS
                    TACTICAL SYS/EQ
126                WEAPONIZATION OF
                    UNMANNED AERIAL
                    SYSTEM (UAS).
                   ELECT EQUIP--SUPPORT
127                ITEMS UNDER $5M (SSE)
128                PRODUCTION BASE                   518             518
                    SUPPORT (C-E).
                   CLASSIFIED PROGRAMS..           2,522           2,522
                   OTHER SUPPORT
                    EQUIPMENT
                   CHEMICAL DEFENSIVE
                    EQUIPMENT
129                PROTECTIVE SYSTEMS...           2,081           2,081
130                CBRN SOLDIER                  108,334         108,334
                    PROTECTION.
131                SMOKE & OBSCURANT               7,135           7,135
                    FAMILY: SOF (NON AAO
                    ITEM).
                   BRIDGING EQUIPMENT
132                TACTICAL BRIDGING....          58,509          58,509
133                TACTICAL BRIDGE,              135,015         135,015
                    FLOAT-RIBBON.
                   ENGINEER (NON-
                    CONSTRUCTION)
                    EQUIPMENT
134                HANDHELD STANDOFF              42,264          42,264
                    MINEFIELD DETECTION
                    SYS-HST.
135                GRND STANDOFF MINE             56,123          59,123
                    DETECTION SYSTEM
                    (GSTAMIDS.
                      FIDO explosives                            [3,000]
                      detector.
136                EXPLOSIVE ORDNANCE             49,333          49,333
                    DISPOSAL EQPMT (EOD
                    EQPMT).
137                < $5M, COUNTERMINE              3,479           3,479
                    EQUIPMENT.
138                AERIAL DETECTION.....          11,200             200
                      Funding ahead of                         [-11,000]
                      need.
                   COMBAT SERVICE
                    SUPPORT EQUIPMENT
139                HEATERS AND ECU'S....          11,924          11,924
140                LAUNDRIES, SHOWERS
                    AND LATRINES.
141                SOLDIER ENHANCEMENT..           4,071           4,071
142                LIGHTWEIGHT
                    MAINTENANCE
                    ENCLOSURE (LME).
142A               LAND WARRIOR.........
143                PERSONNEL RECOVERY              6,981           6,981
                    SUPPORT SYSTEM
                    (PRSS).
144                GROUND SOLDIER SYSTEM           1,809           1,809
145                MOUNTED SOLDIER                 1,085           1,085
                    SYSTEM.
146                FORCE PROVIDER.......
147                FIELD FEEDING                  57,872          57,872
                    EQUIPMENT.
148                CARGO AERIAL DEL &             66,381          66,381
                    PERSONNEL PARACHUTE
                    SYSTEM.
149                MOBILE INTEGRATED              16,585          16,585
                    REMAINS COLLECTION
                    SYSTEM:.
150                ITEMS LESS THAN $5M            25,531          25,531
                    (ENG SPT).
                   PETROLEUM EQUIPMENT
151                QUALITY SURVEILLANCE
                    EQUIPMENT.
152                DISTRIBUTION SYSTEMS,          84,019          84,019
                    PETROLEUM & WATER.
                   WATER EQUIPMENT
153                WATER PURIFICATION              7,173           7,173
                    SYSTEMS.
                   MEDICAL EQUIPMENT
154                COMBAT SUPPORT                 33,694          37,694
                    MEDICAL.
                      Combat casualty                            [3,000]
                      care equipment
                      upgrade program.
                      Life Support for                           [1,000]
                      Trauma and
                      Transport (LSTAT).
                   MAINTENANCE EQUIPMENT
155                MOBILE MAINTENANCE            137,002         137,002
                    EQUIPMENT SYSTEMS.
156                ITEMS LESS THAN $5.0M             812             812
                    (MAINT EQ).
                   CONSTRUCTION
                    EQUIPMENT
157                GRADER, ROAD MTZD,             50,897          50,897
                    HVY, 6X4 (CCE).
158                SKID STEER LOADER              18,387          18,387
                    (SSL) FAMILY OF
                    SYSTEM.
159                SCRAPERS, EARTHMOVING
160                DISTR, WATER, SP MIN
                    2500G SEC/NON-SEC.
161                MISSION MODULES--              44,420          44,420
                    ENGINEERING.

[[Page 123 STAT. 2733]]

 
162                LOADERS..............          20,824          20,824
163                HYDRAULIC EXCAVATOR..          18,785          18,785
164                TRACTOR, FULL TRACKED          50,102          50,102
165                CRANES...............
166                PLANT, ASPHALT MIXING          12,915          12,915
167                HIGH MOBILITY                  36,451          36,451
                    ENGINEER EXCAVATOR
                    (HMEE) FOS.
168                CONST EQUIP ESP......           8,391           8,391
169                ITEMS LESS THAN $5.0M          12,562          12,562
                    (CONST EQUIP).
                   RAIL FLOAT
                    CONTAINERIZATION
                    EQUIPMENT
170                JOINT HIGH SPEED              183,666         183,666
                    VESSEL (JHSV).
171                HARBORMASTER COMMAND           10,962          10,962
                    AND CONTROL CENTER
                    (HCCC.
172                ITEMS LESS THAN $5.0M           6,785           6,785
                    (FLOAT/RAIL).
                   GENERATORS
173                GENERATORS AND                146,067         146,067
                    ASSOCIATED EQUIP.
                   MATERIAL HANDLING
                    EQUIPMENT
174                ROUGH TERRAIN                  41,239          41,239
                    CONTAINER HANDLER
                    (RTCH).
175                ALL TERRAIN LIFTING            44,898          44,898
                    ARMY SYSTEM.
                   TRAINING EQUIPMENT
176                COMBAT TRAINING                22,967          22,967
                    CENTERS SUPPORT.
177                TRAINING DEVICES,             261,348         276,698
                    NONSYSTEM.
                      Operator driving                             [350]
                      simulator.
                      Joint fires &                              [5,000]
                      effects training
                      systems (JFETS).
                      Virtual                                    [4,000]
                      interactive combat
                      environment (VICE).
                      Mobile Firing                              [1,500]
                      Range--TX ARNG.
                      Virtual                                    [2,000]
                      Interactive Combat
                      Environment
                      (V.I.C.E.)
                      Training System--
                      VA ARNG.
                      Immersive Group                            [2,500]
                      Simulation Virtual
                      Training Systems
                      for the Hawaii
                      ARNG.
178                CLOSE COMBAT TACTICAL          65,155          65,155
                    TRAINER.
179                AVIATION COMBINED              12,794          12,794
                    ARMS TACTICAL
                    TRAINER (AVCA.
180                GAMING TECHNOLOGY IN            7,870           7,870
                    SUPPORT OF ARMY
                    TRAINING.
                   TEST MEASURE AND DIG
                    EQUIPMENT (TMD)
181                CALIBRATION SETS               16,844          16,844
                    EQUIPMENT.
182                INTEGRATED FAMILY OF          101,320         101,320
                    TEST EQUIPMENT
                    (IFTE).
183                TEST EQUIPMENT                 15,526          15,526
                    MODERNIZATION
                    (TEMOD).
                   OTHER SUPPORT
                    EQUIPMENT
184                RAPID EQUIPPING                21,770          21,770
                    SOLDIER SUPPORT
                    EQUIPMENT.
185                PHYSICAL SECURITY              49,758          49,758
                    SYSTEMS (OPA3).
186                BASE LEVEL COM'L                1,303           1,303
                    EQUIPMENT.
187                MODIFICATION OF IN-            53,884          53,884
                    SVC EQUIPMENT (OPA-
                    3).
188                PRODUCTION BASE                 3,050           3,050
                    SUPPORT (OTH).
189                BUILDING, PRE-FAB,
                    RELOCATABLE.
190                SPECIAL EQUIPMENT FOR          45,516          45,516
                    USER TESTING.
191                AMC CRITICAL ITEMS             12,232          12,232
                    OPA3.
192                MA8975...............           4,492           4,492
                   SPARES AND REPAIR
                    PARTS
                   OPA2
193                INITIAL SPARES--C&E..          25,867          25,867
194                WIN-T INCREMENT 2               9,758           9,758
                    SPARES.
194a               Procurement of
                    computer services /
                    systems.
 
                   TOTAL--OTHER                9,907,151       9,450,863
                    PROCUREMENT, ARMY.
 
                   JOINT IMPROVISED
                    EXPLOSIVE DEVICE
                    DEFEAT FUND
                   NETWORK ATTACK
001                ATTACK THE NETWORK...         203,100               0
                      Transfer to OCO...                      [-203,100]
                   JIEDDO DEVICE DEFEAT
002                DEFEAT THE DEVICE....         199,100               0
                      Transfer to OCO...                      [-199,100]
                   FORCE TRAINING
003                TRAIN THE FORCE......          41,100               0
                      Transfer to OCO...                       [-41,100]
                   STAFF AND
                    INFRASTRUCTURE
004                OPERATIONS...........         121,550               0
                      Transfer to OCO...                      [-121,550]

[[Page 123 STAT. 2734]]

 
 
                   TOTAL--JOINT IED              564,850               0
                    DEFEAT FUND.
 
                   AIRCRAFT PROCUREMENT,
                    NAVY
                   COMBAT AIRCRAFT
001                AV-8B (V/STOL)
                    HARRIER.
002                EA-18G...............       1,611,837       1,611,837
003                   ADVANCE                     20,559          20,559
                      PROCUREMENT (CY).
004                F/A-18E/F (FIGHTER)         1,009,537       1,521,817
                    HORNET.
                      Additional                               [512,280]
                      aircraft.
005                   ADVANCE                     51,431         159,431
                      PROCUREMENT (CY).
                     EOQ for MYP III....                       [108,000]
006                JOINT STRIKE FIGHTER.       3,997,048       3,997,048
007                   ADVANCE                    481,000         481,000
                      PROCUREMENT (CY).
008                V-22 (MEDIUM LIFT)...       2,215,829       2,215,829
009                   ADVANCE                     84,342          84,342
                      PROCUREMENT (CY).
010                UH-1Y/AH-1Z..........         709,801         609,801
                      UH-1Y/AH-1Z                             [-100,000]
                      Program Reduction.
011                   ADVANCE                     70,550          70,550
                      PROCUREMENT (CY).
012                MH-60S (MYP).........         414,145         414,145
013                   ADVANCE                     78,830          78,830
                      PROCUREMENT (CY).
014                MH-60R...............         811,781         811,781
015                   ADVANCE                    131,504         131,504
                      PROCUREMENT (CY).
016                P-8A POSEIDON........       1,664,525       1,664,525
017                 ADVANCE PROCUREMENT          160,526         149,646
                    (CY).
                      Excessive advance                         [-7,680]
                      procurement growth.
                      Funding for                               [-3,200]
                      production line
                      slots.
018                E-2D ADV HAWKEYE.....         511,245         511,245
019                   ADVANCE                     94,924          94,924
                      PROCUREMENT (CY).
                   AIRLIFT AIRCRAFT
020                C-40A................          74,381          74,381
                   TRAINER AIRCRAFT
021                T-45TS (TRAINER)
                    GOSHAWK.
022                JPATS................         266,539         266,539
                   OTHER AIRCRAFT
023                KC-130J..............
024                   ADVANCE
                      PROCUREMENT (CY).
025                RQ-7 UAV.............          56,797          53,797
                      Attrition vehicles                        [-3,000]
026                MQ-8 UAV.............          77,616          77,616
027                OTHER SUPPORT
                    AIRCRAFT.
                   MODIFICATION OF
                    AIRCRAFT
028                EA-6 SERIES..........          39,977          39,977
029                AV-8 SERIES..........          35,668          35,668
030                F-18 SERIES..........         484,129         480,729
                      Excessive growth                          [-3,400]
                      of IR Marker ECP.
031                H-46 SERIES..........          35,325          35,325
032                AH-1W SERIES.........          66,461          66,461
033                H-53 SERIES..........          68,197          68,197
034                SH-60 SERIES.........          82,253          82,253
035                H-1 SERIES...........          20,040          20,040
036                EP-3 SERIES..........          92,530          92,530
037                P-3 SERIES...........         485,171         445,571
                      P-3 Series Program                       [-39,600]
                      Reduction.
038                S-3 SERIES...........
039                E-2 SERIES...........          22,853          22,853
040                TRAINER A/C SERIES...          20,907          20,907
041                C-2A.................          21,343          21,343
042                C-130 SERIES.........          22,449          22,449
043                FEWSG................           9,486           9,486
044                CARGO/TRANSPORT A/C            19,429          19,429
                    SERIES.
045                E-6 SERIES...........         102,646         102,646
046                EXECUTIVE HELICOPTERS          42,456          42,456
                    SERIES.
047                SPECIAL PROJECT                14,869          14,869
                    AIRCRAFT.
048                T-45 SERIES..........          51,484          51,484
049                POWER PLANT CHANGES..          26,395          26,395
050                JPATS SERIES.........           4,922           4,922

[[Page 123 STAT. 2735]]

 
051                AVIATION LIFE SUPPORT           5,594           5,594
                    MODS.
052                COMMON ECM EQUIPMENT.          47,419          49,419
                      Crane Integrated                           [2,000]
                      Defensive
                      Countermeasures
                      (IDECM) Depot
                      Capability.
053                COMMON AVIONICS               151,112         151,112
                    CHANGES.
054                COMMON DEFENSIVE
                    WEAPON SYSTEM.
055                ID SYSTEMS...........          24,125          24,125
056                V-22 (TILT/ROTOR               24,502          24,502
                    ACFT) OSPREY.
                   AIRCRAFT SPARES AND
                    REPAIR PARTS
057                SPARES AND REPAIR           1,264,012       1,262,412
                    PARTS.
                      UH-1Y/AH-1Z                               [-1,600]
                      reduction.
                   AIRCRAFT SUPPORT
                    EQUIP & FACILITIES
058                COMMON GROUND                 363,588         363,588
                    EQUIPMENT.
059                AIRCRAFT INDUSTRIAL            11,075          11,075
                    FACILITIES.
060                WAR CONSUMABLES......          55,406          55,406
061                OTHER PRODUCTION               23,861          23,861
                    CHARGES.
062                SPECIAL SUPPORT                42,147          42,147
                    EQUIPMENT.
063                FIRST DESTINATION               1,734           1,734
                    TRANSPORTATION.
064                CANCELLED ACCOUNT
                    ADJUSTMENTS.
 
                   TOTAL--AIRCRAFT            18,378,312      18,842,112
                    PROCUREMENT, NAVY.
 
                   WEAPONS PROCUREMENT,
                    NAVY
                   BALLISTIC MISSILES
                   MODIFICATION OF
                    MISSILES
001                TRIDENT II MODS......       1,060,504       1,060,504
                   SUPPORT EQUIPMENT &
                    FACILITIES
002                MISSILE INDUSTRIAL              3,447           3,447
                    FACILITIES.
                   OTHER MISSILES
                   STRATEGIC MISSILES
003                TOMAHAWK.............         283,055         283,055
                   TACTICAL MISSILES
004                AMRAAM...............         145,506         140,506
                      Diminished                                [-5,000]
                      manufacturing
                      sources funding
                      ahead of need.
005                SIDEWINDER...........          56,845          56,845
006                JSOW.................         145,336         145,336
007                SLAM-ER..............
008                STANDARD MISSILE.....         249,233         249,233
009                RAM..................          74,784          74,784
010                HELLFIRE.............          59,411          59,411
011                AERIAL TARGETS.......          47,003          47,003
012                OTHER MISSILE SUPPORT           3,928           3,928
                   MODIFICATION OF
                    MISSILES
013                ESSM.................          51,388          51,388
014                HARM MODS............          47,973          47,973
015                STANDARD MISSILES              81,451          81,451
                    MODS.
                   SUPPORT EQUIPMENT &
                    FACILITIES
016                WEAPONS INDUSTRIAL              3,211          13,211
                    FACILITIES.
                      Accelerate                                [10,000]
                      facility
                      restoration
                      program.
017                FLEET SATELLITE COMM          487,280         487,280
                    FOLLOW-ON.
018                   ADVANCE                     28,847          28,847
                      PROCUREMENT (CY).
                   ORDNANCE SUPPORT
                    EQUIPMENT
019                ORDNANCE SUPPORT               48,883          48,883
                    EQUIPMENT.
                   TORPEDOES AND RELATED
                    EQUIPMENT
                   TORPEDOES AND RELATED
                    EQUIP.
020                SSTD.................
021                ASW TARGETS..........           9,288           9,288
                   MOD OF TORPEDOES AND
                    RELATED EQUIP
022                MK-46 TORPEDO MODS...          94,159          87,023
                      Support funding                           [-7,136]
                      carryover.
023                MK-48 TORPEDO ADCAP            61,608          56,308
                    MODS.
                      Support funding                           [-5,300]
                      carryover.
024                QUICKSTRIKE MINE.....           4,680           4,680
                   SUPPORT EQUIPMENT
025                TORPEDO SUPPORT                39,869          39,869
                    EQUIPMENT.
026                ASW RANGE SUPPORT....          10,044          10,044
                   DESTINATION
                    TRANSPORTATION

[[Page 123 STAT. 2736]]

 
027                FIRST DESTINATION               3,434           3,434
                    TRANSPORTATION.
                   OTHER WEAPONS
                   GUNS AND GUN MOUNTS
028                SMALL ARMS AND                 12,742          12,742
                    WEAPONS.
                   MODIFICATION OF GUNS
                    AND GUN MOUNTS
029                CIWS MODS............         158,896         158,896
030                COAST GUARD WEAPONS..          21,157          21,157
031                GUN MOUNT MODS.......          30,761          30,761
032                LCS MODULE WEAPONS...
033                CRUISER MODERNIZATION          51,227          51,227
                    WEAPONS.
034                AIRBORNE MINE                  12,309          12,309
                    NEUTRALIZATION
                    SYSTEMS.
                   OTHER
035                MARINE CORPS TACTIAL
                    UNMANNED AERIAL
                    SYSTEM.
036                CANCELLED ACCOUNT
                    ADJUSTMENTS.
                   SPARES AND REPAIR
                    PARTS
037                SPARES AND REPAIR              65,196          65,196
                    PARTS.
 
                   TOTAL--WEAPONS              3,453,455       3,446,019
                    PROCUREMENT, NAVY.
 
                   PROCUREMENT OF
                    AMMUNITION, NAVY &
                    MARINE CORPS
                   PROC AMMO, NAVY
                   NAVY AMMUNITION
001                GENERAL PURPOSE BOMBS          75,227          75,227
002                JDAM.................           1,968           1,968
003                AIRBORNE ROCKETS, ALL          38,643          38,643
                    TYPES.
004                MACHINE GUN                    19,622          12,062
                    AMMUNITION.
                      20MM linkless TP                          [-2,900]
                      cost growth.
                      20MM linked TP                            [-1,990]
                      cost growth.
                      20MM linked HEI                           [-2,670]
                      cost growth.
005                PRACTICE BOMBS.......          33,803          24,503
                      Enhanced laser                            [-9,300]
                      guided training
                      round cost growth.
006                CARTRIDGES & CART              50,600          50,600
                    ACTUATED DEVICES.
007                AIR EXPENDABLE                 79,102          69,302
                    COUNTERMEASURES.
                      MJU-55 production                         [-9,800]
                      termination.
008                JATOS................           3,230           3,230
009                5 INCH/54 GUN                  27,483          27,483
                    AMMUNITION.
010                INTERMEDIATE CALIBER           25,974          25,974
                    GUN AMMUNITION.
011                OTHER SHIP GUN                 35,934          35,934
                    AMMUNITION.
012                SMALL ARMS & LANDING           43,490          43,490
                    PARTY AMMO.
013                PYROTECHNIC AND                10,623          10,623
                    DEMOLITION.
014                AMMUNITION LESS THAN            3,214           3,214
                    $5 MILLION.
                   PROC AMMO, MC
                   MARINE CORPS
                    AMMUNITION
015                SMALL ARMS AMMUNITION          87,781          87,781
016                LINEAR CHARGES, ALL            23,582          23,582
                    TYPES.
017                40 MM, ALL TYPES.....          57,291          57,291
018                60MM, ALL TYPES......          22,037          22,037
019                81MM, ALL TYPES......          54,869          54,869
020                120MM, ALL TYPES.....          29,579          29,579
021                CTG 25MM, ALL TYPES..           2,259           2,259
022                GRENADES, ALL TYPES..          10,694          10,694
023                ROCKETS, ALL TYPES...          13,948          13,948
024                ARTILLERY, ALL TYPES.          57,948          57,948
025                EXPEDITIONARY
                    FIGHTING VEHICLE.
026                DEMOLITION MUNITIONS,          14,886          14,886
                    ALL TYPES.
027                FUZE, ALL TYPES......             575             575
028                NON LETHALS..........           3,034           3,034
029                AMMO MODERNIZATION...           8,886           8,886
030                ITEMS LESS THAN $5              4,393           4,393
                    MILLION.
 
                   TOTAL--PROCUREMENT OF         840,675         814,015
                    AMMUNITION, NAVY &
                    MARINE CORPS.
 
                   SHIPBUILDING AND
                    CONVERSION, NAVY
                   OTHER WARSHIPS
001                CARRIER REPLACEMENT           739,269         739,269
                    PROGRAM.

[[Page 123 STAT. 2737]]

 
002                   ADVANCE                    484,432         484,432
                      PROCUREMENT (CY).
003                VIRGINIA CLASS              1,964,317       1,964,317
                    SUBMARINE.
004                   ADVANCE                  1,959,725       1,959,725
                      PROCUREMENT (CY).
005                CVN REFUELING               1,563,602       1,563,602
                    OVERHAULS.
006                   ADVANCE                    211,820         211,820
                      PROCUREMENT (CY).
007                SSBN ERO.............
008                   ADVANCE
                      PROCUREMENT (CY).
009                DDG 1000.............       1,084,161       1,084,161
010                   ADVANCE
                      PROCUREMENT (CY).
011                DDG-51...............       1,912,267       1,912,267
012                   ADVANCE                    328,996         328,996
                      PROCUREMENT (CY).
013                LITTORAL COMBAT SHIP.       1,380,000       1,380,000
                   AMPHIBIOUS SHIPS
014                LPD-17...............         872,392         872,392
015                   ADVANCE                    184,555         184,555
                      PROCUREMENT (CY).
016                LHA REPLACEMENT......
017                   ADVANCE
                      PROCUREMENT (CY).
018                INTRATHEATER                  177,956         177,956
                    CONNECTOR.
                   AUXILIARIES, CRAFT
                    AND PRIOR YR PROGRAM
                    COST
019                OUTFITTING...........         391,238         391,238
020                SERVICE CRAFT........           3,694           3,694
021                LCAC SLEP............          63,857          63,857
022                COMPLETION OF PY              454,586         454,586
                    SHIPBUILDING
                    PROGRAMS.
 
                   TOTAL--SHIPBUILDING        13,776,867      13,776,867
                    AND CONVERSION, NAVY.
 
                   OTHER PROCUREMENT,
                    NAVY
                   SHIPS SUPPORT
                    EQUIPMENT
                   SHIP PROPULSION
                    EQUIPMENT
001                LM-2500 GAS TURBINE..           8,014           8,014
002                ALLISON 501K GAS                9,162           9,162
                    TURBINE.
003                OTHER PROPULSION
                    EQUIPMENT.
                   NAVIGATION EQUIPMENT
004                OTHER NAVIGATION               34,743          34,743
                    EQUIPMENT.
                   PERISCOPES
005                SUB PERISCOPES &               75,127          70,127
                    IMAGING EQUIP.
                      Digital periscope                         [-5,000]
                      contract delay.
                   OTHER SHIPBOARD
                    EQUIPMENT
006                DDG MOD..............         142,262         142,262
007                FIREFIGHTING                   11,423          14,523
                    EQUIPMENT.
                      Smart valves for                           [3,100]
                      fire suppression.
008                COMMAND AND CONTROL             4,383           4,383
                    SWITCHBOARD.
009                POLLUTION CONTROL              24,992          24,992
                    EQUIPMENT.
010                SUBMARINE SUPPORT              16,867          16,867
                    EQUIPMENT.
011                VIRGINIA CLASS                103,153         103,153
                    SUPPORT EQUIPMENT.
012                SUBMARINE BATTERIES..          51,482          51,482
013                STRATEGIC PLATFORM             15,672          15,672
                    SUPPORT EQUIP.
014                DSSP EQUIPMENT.......          10,641          10,641
015                CG MODERNIZATION.....         315,323         315,323
016                LCAC.................           6,642           6,642
017                MINESWEEPING
                    EQUIPMENT.
018                UNDERWATER EOD                 19,232          19,232
                    PROGRAMS.
019                ITEMS LESS THAN $5            127,554         124,430
                    MILLION.
                      CVN auto voltage                          [-3,124]
                      regulators ahead
                      of need.
020                CHEMICAL WARFARE                8,899           8,899
                    DETECTORS.
021                SUBMARINE LIFE                 14,721          14,721
                    SUPPORT SYSTEM.
                   REACTOR PLANT
                    EQUIPMENT
022                REACTOR POWER UNITS..
023                REACTOR COMPONENTS...         262,354         262,354
                   OCEAN ENGINEERING
024                DIVING AND SALVAGE              5,304           5,304
                    EQUIPMENT.
                   SMALL BOATS
025                STANDARD BOATS.......          35,318          35,318
                   TRAINING EQUIPMENT
026                OTHER SHIPS TRAINING           15,113          15,113
                    EQUIPMENT.
                   PRODUCTION FACILITIES
                    EQUIPMENT
027                OPERATING FORCES IPE.          47,172          47,172

[[Page 123 STAT. 2738]]

 
                   OTHER SHIP SUPPORT
028                NUCLEAR ALTERATIONS..         136,683         136,683
029                LCS MODULES..........         137,259         137,259
                   LOGISTIC SUPPORT
030                LSD MIDLIFE..........         117,856         117,856
                   COMMUNICATIONS AND
                    ELECTRONICS
                    EQUIPMENT
                   SHIP RADARS
031                RADAR SUPPORT........           9,968           9,968
032                SPQ-9B RADAR.........          13,476          13,476
033                AN/SQQ-89 SURF ASW            111,093          95,593
                    COMBAT SYSTEM.
                      SQQ-89 backfit                           [-15,500]
                      suites ahead of
                      need.
034                SSN ACOUSTICS........         299,962         303,962
                      TB-33 thinline                             [4,000]
                      towed array.
035                UNDERSEA WARFARE               38,705          38,705
                    SUPPORT EQUIPMENT.
036                SONAR SWITCHES AND             13,537          13,537
                    TRANSDUCERS.
                   ASW ELECTRONIC
                    EQUIPMENT
037                SUBMARINE ACOUSTIC             20,681          20,681
                    WARFARE SYSTEM.
038                SSTD.................           2,184           2,184
039                FIXED SURVEILLANCE             63,017          63,017
                    SYSTEM.
040                SURTASS..............          24,108          24,108
041                TACTICAL SUPPORT               22,464          22,464
                    CENTER.
                   ELECTRONIC WARFARE
                    EQUIPMENT
042                AN/SLQ-32............          34,264          34,264
                   RECONNAISSANCE
                    EQUIPMENT
043                SHIPBOARD IW EXPLOIT.         105,883         105,883
                   SUBMARINE
                    SURVEILLANCE
                    EQUIPMENT
044                SUBMARINE SUPPORT              98,645          83,495
                    EQUIPMENT PROG.
                      Multi-function                           [-15,150]
                      modular mast units
                      ahead of need.
                   OTHER SHIP ELECTRONIC
                    EQUIPMENT
045                NAVY TACTICAL DATA
                    SYSTEM.
046                COOPERATIVE                    30,522          30,522
                    ENGAGEMENT
                    CAPABILITY.
047                GCCS-M EQUIPMENT.....          13,594          13,594
048                NAVAL TACTICAL                 35,933          35,933
                    COMMAND SUPPORT
                    SYSTEM (NTCSS).
049                ATDLS................           7,314           7,314
050                MINESWEEPING SYSTEM            79,091          74,291
                    REPLACEMENT.
                      RMS restructure...                        [-4,800]
051                SHALLOW WATER MCM....           7,835           7,835
052                NAVSTAR GPS RECEIVERS          10,845          10,845
                    (SPACE).
053                ARMED FORCES RADIO              3,333           3,333
                    AND TV.
054                STRATEGIC PLATFORM              4,149           4,149
                    SUPPORT EQUIP.
                   TRAINING EQUIPMENT
055                OTHER TRAINING                 36,784          36,784
                    EQUIPMENT.
                   AVIATION ELECTRONIC
                    EQUIPMENT
056                MATCALS..............          17,468          17,468
057                SHIPBOARD AIR TRAFFIC           7,970           7,970
                    CONTROL.
058                AUTOMATIC CARRIER              18,878          18,878
                    LANDING SYSTEM.
059                NATIONAL AIR SPACE             28,988          28,988
                    SYSTEM.
060                AIR STATION SUPPORT             8,203           8,203
                    EQUIPMENT.
061                MICROWAVE LANDING              10,526          10,526
                    SYSTEM.
062                ID SYSTEMS...........          38,682          38,682
063                TAC A/C MISSION                 9,102           9,102
                    PLANNING SYS(TAMPS).
                   OTHER SHORE
                    ELECTRONIC EQUIPMENT
064                DEPLOYABLE JOINT                8,719          11,719
                    COMMAND AND CONT.
                      Shelter Upgrade                            [3,000]
                      Program.
065                TADIX-B..............             793             793
066                GCCS-M EQUIPMENT               11,820          11,820
                    TACTICAL/MOBILE.
067                COMMON IMAGERY GROUND          27,632          27,632
                    SURFACE SYSTEMS.
068                CANES................           1,181           1,181
069                RADIAC...............           5,990           5,990
070                GPETE................           3,737           3,737
071                INTEG COMBAT SYSTEM             4,423           4,423
                    TEST FACILITY.
072                EMI CONTROL                     4,778           4,778
                    INSTRUMENTATION.
073                ITEMS LESS THAN $5             65,760          65,760
                    MILLION.
                   SHIPBOARD
                    COMMUNICATIONS
074                SHIPBOARD TACTICAL
                    COMMUNICATIONS.
075                PORTABLE RADIOS......
076                SHIP COMMUNICATIONS           310,605         290,305
                    AUTOMATION.

[[Page 123 STAT. 2739]]

 
                      Shipboard network                        [-20,300]
                      systems ahead of
                      need.
077                AN/URC-82 RADIO......           4,913           4,913
078                COMMUNICATIONS ITEMS           25,314          25,314
                    UNDER $5M.
                   SUBMARINE
                    COMMUNICATIONS
079                SUBMARINE BROADCAST               105             105
                    SUPPORT.
080                SUBMARINE                      48,729          48,729
                    COMMUNICATION
                    EQUIPMENT.
                   SATELLITE
                    COMMUNICATIONS
081                SATELLITE                      50,172          50,172
                    COMMUNICATIONS
                    SYSTEMS.
082                NAVY MULTIBAND                 72,496          72,496
                    TERMINAL (NMT).
                   SHORE COMMUNICATIONS
083                JCS COMMUNICATIONS              2,322           2,322
                    EQUIPMENT.
084                ELECTRICAL POWER                1,293           1,293
                    SYSTEMS.
085                NAVAL SHORE                     2,542           2,542
                    COMMUNICATIONS.
                   CRYPTOGRAPHIC
                    EQUIPMENT
086                INFO SYSTEMS SECURITY         119,054         119,054
                    PROGRAM (ISSP).
087                CRYPTOLOGIC                    16,839          16,839
                    COMMUNICATIONS EQUIP.
                   OTHER ELECTRONIC
                    SUPPORT
088                COAST GUARD EQUIPMENT          18,892          18,892
                   DRUG INTERDICTION
                    SUPPORT
089                OTHER DRUG
                    INTERDICTION SUPPORT.
                   AVIATION SUPPORT
                    EQUIPMENT
                   SONOBUOYS
090                SONOBUOYS--ALL TYPES.          91,976          91,976
                   AIRCRAFT SUPPORT
                    EQUIPMENT
091                WEAPONS RANGE SUPPORT          75,329          75,329
                    EQUIPMENT.
092                EXPEDITIONARY                   8,343           8,343
                    AIRFIELDS.
093                AIRCRAFT REARMING              12,850          12,850
                    EQUIPMENT.
094                AIRCRAFT LAUNCH &              48,670          46,849
                    RECOVERY EQUIPMENT.
                      ADMACS Block II                           [-1,821]
                      upgrade cost
                      growth.
095                METEOROLOGICAL                 21,458          21,458
                    EQUIPMENT.
096                OTHER PHOTOGRAPHIC              1,582           1,582
                    EQUIPMENT.
097                AVIATION LIFE SUPPORT          27,367          32,367
                      Multi Climate                              [5,000]
                      Protection System.
098                AIRBORNE MINE                  55,408          55,408
                    COUNTERMEASURES.
099                LAMPS MK III                   23,694          23,694
                    SHIPBOARD EQUIPMENT.
100                PORTABLE ELECTRONIC             9,710           9,710
                    MAINTENANCE AIDS.
101                OTHER AVIATION                 16,541          16,541
                    SUPPORT EQUIPMENT.
                   ORDNANCE SUPPORT
                    EQUIPMENT
                   SHIP GUN SYSTEM
                    EQUIPMENT
102                NAVAL FIRES CONTROL             1,391           1,391
                    SYSTEM.
103                GUN FIRE CONTROL                7,891           7,891
                    EQUIPMENT.
                   SHIP MISSILE SYSTEMS
                    EQUIPMENT
104                NATO SEASPARROW......          13,556          13,556
105                RAM GMLS.............           7,762           7,762
106                SHIP SELF DEFENSE              34,079          34,079
                    SYSTEM.
107                AEGIS SUPPORT                 108,886         108,886
                    EQUIPMENT.
108                TOMAHAWK SUPPORT               88,475          88,475
                    EQUIPMENT.
109                VERTICAL LAUNCH                 5,513           5,513
                    SYSTEMS.
                   FBM SUPPORT EQUIPMENT
110                STRATEGIC MISSILE             155,579         155,579
                    SYSTEMS EQUIP.
                   ASW SUPPORT EQUIPMENT
111                SSN COMBAT CONTROL            118,528         118,528
                    SYSTEMS.
112                SUBMARINE ASW SUPPORT           5,200           5,200
                    EQUIPMENT.
113                SURFACE ASW SUPPORT            13,646          13,646
                    EQUIPMENT.
114                ASW RANGE SUPPORT               7,256           7,256
                    EQUIPMENT.
                   OTHER ORDNANCE
                    SUPPORT EQUIPMENT
115                EXPLOSIVE ORDNANCE             54,069          54,069
                    DISPOSAL EQUIP.
116                ITEMS LESS THAN $5              3,478           3,478
                    MILLION.
                   OTHER EXPENDABLE
                    ORDNANCE
117                ANTI-SHIP MISSILE              37,128          37,128
                    DECOY SYSTEM.
118                SURFACE TRAINING                7,430           7,430
                    DEVICE MODS.
119                SUBMARINE TRAINING             25,271          25,271
                    DEVICE MODS.
                   CIVIL ENGINEERING
                    SUPPORT EQUIPMENT
120                PASSENGER CARRYING              4,139           4,139
                    VEHICLES.
121                GENERAL PURPOSE                 1,731           1,731
                    TRUCKS.
122                CONSTRUCTION &                 12,931          12,931
                    MAINTENANCE EQUIP.
123                FIRE FIGHTING                  12,976          12,976
                    EQUIPMENT.

[[Page 123 STAT. 2740]]

 
124                TACTICAL VEHICLES....          25,352          25,352
125                AMPHIBIOUS EQUIPMENT.           2,950           2,950
126                POLLUTION CONTROL               5,097           5,097
                    EQUIPMENT.
127                ITEMS UNDER $5                 23,787          23,787
                    MILLION.
128                PHYSICAL SECURITY               1,115           1,115
                    VEHICLES.
                   SUPPLY SUPPORT
                    EQUIPMENT
129                MATERIALS HANDLING             17,153          17,153
                    EQUIPMENT.
130                OTHER SUPPLY SUPPORT            6,368           6,368
                    EQUIPMENT.
131                FIRST DESTINATION               6,217           6,217
                    TRANSPORTATION.
132                SPECIAL PURPOSE                71,597          71,597
                    SUPPLY SYSTEMS.
                   PERSONNEL AND COMMAND
                    SUPPORT EQUIPMENT
                   TRAINING DEVICES
133                TRAINING SUPPORT               12,944          12,944
                    EQUIPMENT.
                   COMMAND SUPPORT
                    EQUIPMENT
134                COMMAND SUPPORT                55,267          55,267
                    EQUIPMENT.
135                EDUCATION SUPPORT               2,084           2,084
                    EQUIPMENT.
136                MEDICAL SUPPORT                 5,517           5,517
                    EQUIPMENT.
137                NAVAL MIP SUPPORT               1,537           1,537
                    EQUIPMENT.
139                OPERATING FORCES               12,250          12,250
                    SUPPORT EQUIPMENT.
140                C4ISR EQUIPMENT......           5,324           5,324
141                ENVIRONMENTAL SUPPORT          18,183          18,183
                    EQUIPMENT.
142                PHYSICAL SECURITY             128,921         128,921
                    EQUIPMENT.
143                ENTERPRISE                     79,747          79,747
                    INFORMATION
                    TECHNOLOGY.
                   OTHER
144                CANCELLED ACCOUNT
                    ADJUSTMENTS.
                   CLASSIFIED PROGRAMS
999                CLASSIFIED PROGRAMS..          19,463          19,463
                   SPARES AND REPAIR
                    PARTS
145                SPARES AND REPAIR             247,796         247,796
                    PARTS.
145a               Procurement of
                    computer services /
                    systems.
 
                   TOTAL--OTHER                5,661,176       5,610,581
                    PROCUREMENT, NAVY.
 
                   PROCUREMENT, MARINE
                    CORPS
                   WEAPONS AND COMBAT
                    VEHICLES
                   TRACKED COMBAT
                    VEHICLES
001                AAV7A1 PIP...........           9,127           9,127
002                LAV PIP..............          34,969          34,969
003                IMPROVED RECOVERY
                    VEHICLE (IRV).
004                M1A1 FIREPOWER
                    ENHANCEMENTS.
                   ARTILLERY AND OTHER
                    WEAPONS
005                EXPEDITIONARY FIRE             19,591          19,591
                    SUPPORT SYSTEM.
006                155MM LIGHTWEIGHT               7,420           7,420
                    TOWED HOWITZER.
007                HIGH MOBILITY                  71,476          71,476
                    ARTILLERY ROCKET
                    SYSTEM.
008                WEAPONS AND COMBAT             25,949          25,949
                    VEHICLES UNDER $5
                    MILLION.
                   WEAPONS
009                MODULAR WEAPON SYSTEM
                   OTHER SUPPORT
010                MODIFICATION KITS....          33,990          33,990
011                WEAPONS ENHANCEMENT            22,238          22,238
                    PROGRAM.
                   GUIDED MISSILES AND
                    EQUIPMENT
                   GUIDED MISSILES
012                GROUND BASED AIR               11,387          11,387
                    DEFENSE.
013                JAVELIN..............
014                FOLLOW ON TO SMAW....          25,333          25,333
015                ANTI-ARMOR WEAPONS             71,225          71,225
                    SYSTEM-HEAVY (AAWS-
                    H).
                   OTHER SUPPORT
016                MODIFICATION KITS....           2,114           2,114
                   COMMUNICATIONS &
                    ELECTRONICS
                    EQUIPMENT
                   COMMAND AND CONTROL
                    SYSTEMS
017                UNIT OPERATIONS                19,832          19,832
                    CENTER.
                   REPAIR AND TEST
                    EQUIPMENT
018                REPAIR AND TEST                31,087          31,087
                    EQUIPMENT.
                   OTHER SUPPORT (TEL)
019                COMBAT SUPPORT SYSTEM          11,368          11,368
020                MODIFICATION KITS....
                   COMMAND AND CONTROL
                    SYSTEM (NON-TEL)

[[Page 123 STAT. 2741]]

 
021                ITEMS UNDER $5                  3,531           3,531
                    MILLION (COMM &
                    ELEC).
022                AIR OPERATIONS C2              45,084          45,084
                    SYSTEMS.
                   RADAR + EQUIPMENT
                    (NON-TEL)
023                RADAR SYSTEMS........           7,428           7,428
                   INTELL/COMM EQUIPMENT
                    (NON-TEL)
024                FIRE SUPPORT SYSTEM..           2,580           2,580
025                INTELLIGENCE SUPPORT           37,581          37,581
                    EQUIPMENT.
026                RQ-11 UAV............          42,403          42,403
                   OTHER COMM/ELEC
                    EQUIPMENT (NON-TEL)
027                NIGHT VISION                   10,360          10,360
                    EQUIPMENT.
                   OTHER SUPPORT (NON-
                    TEL)
028                COMMON COMPUTER               115,263         115,263
                    RESOURCES.
029                COMMAND POST SYSTEMS.          49,820          49,820
030                RADIO SYSTEMS........          61,954          61,954
031                COMM SWITCHING &               98,254          98,254
                    CONTROL SYSTEMS.
032                COMM & ELEC                    15,531          15,531
                    INFRASTRUCTURE
                    SUPPORT.
                   SUPPORT VEHICLES
                   ADMINISTRATIVE
                    VEHICLES
033                COMMERCIAL PASSENGER            1,265           1,265
                    VEHICLES.
034                COMMERCIAL CARGO               13,610          13,610
                    VEHICLES.
035                5/4T TRUCK HMMWV                9,796           9,796
                    (MYP).
036                MOTOR TRANSPORT                 6,111           6,111
                    MODIFICATIONS.
037                MEDIUM TACTICAL                10,792          10,792
                    VEHICLE REPLACEMENT.
038                LOGISTICS VEHICLE             217,390         217,390
                    SYSTEM REP.
039                FAMILY OF TACTICAL             26,497          26,497
                    TRAILERS.
040                TRAILERS.............          18,122          18,122
                   OTHER SUPPORT
041                ITEMS LESS THAN $5              5,948           5,948
                    MILLION.
                   ENGINEER AND OTHER
                    EQUIPMENT
042                ENVIRONMENTAL CONTROL           5,121           5,121
                    EQUIP ASSORT.
043                BULK LIQUID EQUIPMENT          13,035          13,035
044                TACTICAL FUEL SYSTEMS          35,059          38,159
                      Nitrile Rubber                             [3,100]
                      Collapsible
                      Storage Units.
045                POWER EQUIPMENT                21,033          21,033
                    ASSORTED.
046                AMPHIBIOUS SUPPORT             39,876          39,876
                    EQUIPMENT.
047                EOD SYSTEMS..........          93,335          93,335
                   MATERIALS HANDLING
                    EQUIPMENT
048                PHYSICAL SECURITY              12,169          12,169
                    EQUIPMENT.
049                GARRISON MOBILE                11,825          11,825
                    ENGINEER EQUIPMENT
                    (GMEE).
050                MATERIAL HANDLING              41,430          41,430
                    EQUIP.
051                FIRST DESTINATION               5,301           5,301
                    TRANSPORTATION.
                   GENERAL PROPERTY
052                FIELD MEDICAL                   6,811           6,811
                    EQUIPMENT.
053                TRAINING DEVICES.....          14,854          14,854
054                CONTAINER FAMILY.....           3,770           3,770
055                FAMILY OF                      37,735          37,735
                    CONSTRUCTION
                    EQUIPMENT.
056                FAMILY OF INTERNALLY           10,360          10,360
                    TRANSPORTABLE VEH
                    (ITV).
057                BRIDGE BOATS.........
058                RAPID DEPLOYABLE                2,159           2,159
                    KITCHEN.
                   OTHER SUPPORT
059                ITEMS LESS THAN $5              8,792           8,792
                    MILLION.
                   SPARES AND REPAIR
                    PARTS
060                SPARES AND REPAIR              41,547          41,547
                    PARTS.
 
                   TOTAL--PROCUREMENT,         1,600,638       1,603,738
                    MARINE CORPS.
 
                   AIRCRAFT PROCUREMENT,
                    AIR FORCE
                   COMBAT AIRCRAFT
                   TACTICAL FORCES
001                F-35.................       2,048,830       2,178,830
                     F136 engine                               [130,000]
                      procurement.
002                 ADVANCE PROCUREMENT          300,600         278,600
                    (CY).
                      Reduction of 2                           [-22,000]
                      aircraft
                      previously funded
                      in fiscal year
                      2009.
003                F-22A................          95,163          95,163
004                   ADVANCE
                      PROCUREMENT (CY).
                   AIRLIFT AIRCRAFT
                   TACTICAL AIRLIFT

[[Page 123 STAT. 2742]]

 
005                C-17A (MYP)..........          88,510          88,510
                   OTHER AIRLIFT
006                C-130J...............         285,632         285,632
007                   ADVANCE                    108,000         108,000
                      PROCUREMENT (CY).
008                HC/MC-130 RECAP......         879,231         375,231
                         Funded in                            [-504,000]
                         fiscal year
                         2009
                         supplemental.
009                   ADVANCE                    137,360         137,360
                      PROCUREMENT (CY).
010                JOINT CARGO AIRCRAFT.         319,050         319,050
                   TRAINER AIRCRAFT
                   UPT TRAINERS
011                USAFA POWERED FLIGHT            4,144           4,144
                    PROGRAM.
                   OPERATIONAL TRAINERS
012                JPATS................          15,711          15,711
                   OTHER AIRCRAFT
                   HELICOPTERS
013                V22 OSPREY...........         437,272         437,272
014                   ADVANCE                     13,835          13,835
                      PROCUREMENT (CY).
                   MISSION SUPPORT
                    AIRCRAFT
015                C-29A FLIGHT
                    INSPECTION ACFT.
016                C-12 A...............
017                C-40.................         154,044         259,294
                      Program Increase..                       [105,250]
018                CIVIL AIR PATROL A/C.           2,426           2,426
                   OTHER AIRCRAFT
020                TARGET DRONES........          78,511          78,511
021                C-37A................          66,400          66,400
022                GLOBAL HAWK..........         554,775         554,775
023                   ADVANCE                    113,049         113,049
                      PROCUREMENT (CY).
024                MQ-1.................
025                MQ-9.................         489,469         489,469
                   CLASSIFIED PROGRAMS
999                CLASSIFIED PROGRAMS..           3,608           3,608
                   MODIFICATION OF IN-
                    SERVICE AIRCRAFT
                   STRATEGIC AIRCRAFT
026                B-2A.................         283,955         264,155
                      USAF requested                           [-19,800]
                      transfer to APAF
                      78A, B-2 Post
                      Production Support
                      for the B-2 Weapon
                      System Support
                      Center.
027                   ADVANCE
                      PROCUREMENT (CY).
028                B-1B.................         107,558          78,558
                      Program delay for                        [-29,000]
                      various programs.
                      Funding
                      transferred to PE
                      11126F (RDAF 119).
029                B-52.................          78,788          61,466
                      Air Force                                [-17,322]
                      identified excess.
                   TACTICAL AIRCRAFT
030                A-10.................         252,488         252,488
031                F-15.................          92,921         143,421
                      5 AESA Radars.....                        [50,500]
032                F-16.................         224,642         221,875
                      Funding ahead of                          [-2,767]
                      need--BLOS
                      Installs.
033                F-22A................         350,735         192,336
                      Common                                  [-158,399]
                      Configuration--Ear
                      ly to need.
                   AIRLIFT AIRCRAFT
034                C-5..................         606,993         578,993
                      Funding ahead of                         [-28,000]
                      need--RERP Install.
035                   ADVANCE                    108,300         108,300
                      PROCUREMENT (CY).
036                C-9C.................              10              10
037                C-17A................         469,731         424,431
                      Funding requested                        [-45,300]
                      ahead of need.
038                C-21.................             562             562
039                C-32A................          10,644          10,644
040                C-37A................           4,336           4,336
                   TRAINER AIRCRAFT
041                GLIDER MODS..........             119             119
042                T-6..................          33,074          33,074
043                T-1..................              35              35
044                T-38.................          75,274          61,057
                      Improved Brake                           [-14,217]
                      System Program
                      Termination.

[[Page 123 STAT. 2743]]

 
045                T-43.................
                   OTHER AIRCRAFT
046                KC-10A (ATCA)........           9,441           9,441
047                C-12.................             472             472
048                MC-12W...............          63,000          63,000
049                C-20 MODS............             734             734
050                VC-25A MOD...........          15,610          15,610
051                C-40.................           9,162           9,162
052                C-130................         354,421         134,171
                      Scathe View Hyper-                         [4,500]
                      Spectral Imagery
                      Upgrade.
                      Senior Scout                               [3,750]
                      COMINT Capability
                      Upgrade.
                      Program Excess....                      [-209,500]
                      Centerwing                               [-19,000]
                      Replacements--Earl
                      y to need.
053                C130J MODS...........          13,627          13,627
054                C-135................         150,425         150,425
055                COMPASS CALL MODS....          29,187          29,187
056                DARP.................         107,859         107,859
057                E-3..................          79,263          79,263
058                E-4..................          73,058          73,058
059                E-8..................         225,973         225,973
060                H-1..................          18,280          18,280
061                H-60.................          14,201          95,201
                      HH-60G AAQ-29 FLIR                        [81,000]
062                GLOBAL HAWK MODS.....         134,864         134,864
063                HC/MC-130                       1,964           1,964
                    MODIFICATIONS.
064                OTHER AIRCRAFT.......         103,274         127,274
                      Litening ATP                              [24,000]
                      upgrade kits.
065                MQ-1 MODS............         123,889         123,889
066                MQ-9 MODS............          48,837          48,837
                      Reflect USAF
                      decision to change
                      sensor payload
067                CV-22 MODS...........          24,429          24,429
067A               CAF Restructure......
                   AIRCRAFT SPARES +
                    REPAIR PARTS
068                INITIAL SPARES/REPAIR         418,604         418,604
                    PARTS.
                   AIRCRAFT SUPPORT
                    EQUIPMENT AND
                    FACILITIES
                   COMMON SUPPORT EQUIP
069                AIRCRAFT REPLACEMENT          105,820         105,820
                    SUPPORT EQUIP.
                   POST PRODUCTION
                    SUPPORT
070                B-1..................           3,929           3,929
071                B-2A.................
072                B-2A.................          24,481          24,481
073                C-5..................           2,259           2,259
074                C-5..................          11,787          11,787
075                KC-10A (ATCA)........           4,125           4,125
076                C-17A................          91,400               0
                      Funding requested                        [-91,400]
                      ahead of need.
077                C-130................          28,092          28,092
078                EC-130J..............           5,283           5,283
078A               B-2 POST PRODUCTION                            19,800
                    SUPPORT.
                      USAF requested                            [19,800]
                      transfer from APAF
                      26 for the B-2
                      Weapon System
                      Support Center.
079                F-15.................          15,744          15,744
080                F-16.................          19,951          19,951
081                OTHER AIRCRAFT.......          51,980          51,980
082                T-1..................
                   INDUSTRIAL
                    PREPAREDNESS
083                INDUSTRIAL                     25,529          25,529
                    RESPONSIVENESS.
                   WAR CONSUMABLES
084                WAR CONSUMABLES......         134,427         134,427
                   OTHER PRODUCTION
                    CHARGES
085                OTHER PRODUCTION              490,344         490,344
                    CHARGES.
                   OTHER PRODUCTION
                    CHARGES--SOF
087                CANCELLED ACCT
                    ADJUSTMENTS.
                   DARP
088                DARP.................          15,323          15,323
                   CLASSIFIED PROGRAMS
999                CLASSIFIED PROGRAMS..          19,443          19,443

[[Page 123 STAT. 2744]]

 
 
                   TOTAL--AIRCRAFT            11,966,276      11,224,371
                    PROCUREMENT, AIR
                    FORCE.
 
                   PROCUREMENT OF
                    AMMUNITION, AIR
                    FORCE
                   PROCUREMENT OF AMMO,
                    AIR FORCE
                   ROCKETS
001                ROCKETS..............          43,461          43,461
                   CARTRIDGES
002                CARTRIDGES...........         123,886         123,886
                   BOMBS
003                PRACTICE BOMBS.......          52,459          52,459
004                GENERAL PURPOSE BOMBS         225,145         225,145
005                JOINT DIRECT ATTACK           103,041         103,041
                    MUNITION.
                   FLARE, IR MJU-7B
006                CAD/PAD..............          40,522          40,522
007                EXPLOSIVE ORDINANCE             3,302           3,302
                    DISPOSAL (EOD).
008                SPARES AND REPAIR               4,582           4,582
                    PARTS.
009                MODIFICATIONS........           1,289           1,289
010                ITEMS LESS THAN                 5,061           5,061
                    $5,000,000.
                   FUZES
011                FLARES...............         152,515         152,515
012                FUZES................          61,037          61,037
                   WEAPONS
                   SMALL ARMS
013                SMALL ARMS...........           6,162           6,162
 
                   TOTAL--PROCUREMENT OF         822,462         822,462
                    AMMUNITION, AIR
                    FORCE.
 
                   MISSILE PROCUREMENT,
                    AIR FORCE
                   BALLISTIC MISSILES
                   MISSILE REPLACEMENT
                    EQUIPMENT-BALLISTIC
001                MISSILE REPLACEMENT            58,139          58,139
                    EQ-BALLISTIC.
                   OTHER MISSILES
                   TACTICAL
002                JASSM................          52,666          52,666
003                SIDEWINDER (AIM-9X)..          78,753          78,753
004                AMRAAM...............         291,827         286,827
                      Funding ahead of                          [-5,000]
                      need for DMS.
005                PREDITOR HELLFIRE              79,699          64,530
                    MISSILE.
                      Updated pricing...                       [-15,169]
006                SMALL DIAMETER BOMB..         134,801         134,801
                   INDUSTRIAL FACILITIES
007                INDUSTR'L PREPAREDNS/             841             841
                    POL PREVENTION.
                   MODIFICATION OF IN-
                    SERVICE MISSILES
                   CLASS IV
008                ADVANCED CRUISE                    32              32
                    MISSILE.
009                MM III MODIFICATIONS.         199,484         199,484
010                AGM-65D MAVERICK.....             258             258
011                AGM-88A HARM.........          30,280          30,280
012                AIR LAUNCH CRUISE
                    MISSILE (ALCM).
                   SPARES AND REPAIR
                    PARTS
                   MISSILE SPARES +
                    REPAIR PARTS
013                INITIAL SPARES/REPAIR          70,185          70,185
                    PARTS.
                   OTHER SUPPORT
                   SPACE PROGRAMS
014                ADVANCED EHF.........       1,843,475       1,843,475
015                   ADVANCE
                      PROCUREMENT (CY).
016                WIDEBAND GAPFILLER            201,671         151,671
                    SATELLITES(SPACE).
                      Program delay.....                       [-50,000]
017                   ADVANCE                     62,380          62,380
                      PROCUREMENT (CY).
018                SPACEBORNE EQUIP                9,871           9,871
                    (COMSEC).
019                GLOBAL POSITIONING             53,140          53,140
                    (SPACE).
020                   ADVANCE
                      PROCUREMENT (CY).
021                NUDET DETECTION
                    SYSTEM.
022                DEF METEOROLOGICAL             97,764          97,764
                    SAT PROG(SPACE).
023                TITAN SPACE
                    BOOSTERS(SPACE).
024                EVOLVED EXPENDABLE          1,295,325       1,102,225
                    LAUNCH VEH(SPACE).

[[Page 123 STAT. 2745]]

 
                      Reduction in                             [-88,100]
                      Requirement for
                      Launch Vehicles.
                     EELV reduction for                       [-105,000]
                      AFSPC 4.
025                MEDIUM LAUNCH
                    VEHICLE(SPACE).
026                SBIR HIGH (SPACE)....         307,456         307,456
027                   ADVANCE                    159,000         159,000
                      PROCUREMENT (CY).
028                NATL POLAR-ORBITING             3,900           3,900
                    OP ENV SATELLITE.
                   SPECIAL PROGRAMS
029                DEFENSE SPACE RECONN          105,152         105,152
                    PROGRAM.
031                SPECIAL UPDATE                311,070         311,070
                    PROGRAMS.
                   CLASSIFIED PROGRAMS
999                CLASSIFIED PROGRAMS..         853,559         853,559
 
                   TOTAL--MISSILE              6,300,728       6,037,459
                    PROCUREMENT, AIR
                    FORCE.
 
                   OTHER PROCUREMENT,
                    AIR FORCE
                   VEHICULAR EQUIPMENT
                   CARGO + UTILITY
                    VEHICLES
002                MEDIUM TACTICAL                25,922          25,922
                    VEHICLE.
003                CAP VEHICLES.........             897             897
                   SPECIAL PURPOSE
                    VEHICLES
004                SECURITY AND TACTICAL          44,603          44,603
                    VEHICLES.
                   FIRE FIGHTING
                    EQUIPMENT
005                FIRE FIGHTING/CRASH            27,760          27,760
                    RESCUE VEHICLES.
                   MATERIALS HANDLING
                    EQUIPMENT
006                HALVERSEN LOADER.....
                   BASE MAINTENANCE
                    SUPPORT
007                RUNWAY SNOW REMOV AND          24,884          24,884
                    CLEANING EQU.
008                ITEMS LESS THAN                57,243          40,243
                    $5,000,000(VEHICLES).
                      Reduce program                           [-17,000]
                      growth.
                   CLASSIFIED PROGRAMS
999                CLASSIFIED PROGRAMS..          18,163          18,163
                   ELECTRONICS AND
                    TELECOMMUNICATIONS
                   COMM SECURITY
                    EQUIPMENT(COMSEC)
009                COMSEC EQUIPMENT.....         209,249         209,249
010                MODIFICATIONS                   1,570           1,570
                    (COMSEC).
                   INTELLIGENCE PROGRAMS
011                INTELLIGENCE TRAINING           4,230           4,230
                    EQUIPMENT.
012                INTELLIGENCE COMM              21,965          27,465
                    EQUIPMENT.
                      Eagle Vision-ANG..                         [4,000]
                      Eagle Vision                               [1,500]
                      Upgrade-ANG.
                   ELECTRONICS PROGRAMS
013                AIR TRAFFIC CONTROL &          22,591          22,591
                    LANDING SYS.
014                NATIONAL AIRSPACE              47,670          47,670
                    SYSTEM.
015                THEATER AIR CONTROL            56,776          56,776
                    SYS IMPROVEMEN.
016                WEATHER OBSERVATION            19,357          19,357
                    FORECAST.
017                STRATEGIC COMMAND AND          35,116          35,116
                    CONTROL.
018                CHEYENNE MOUNTAIN              28,608          28,608
                    COMPLEX.
019                DRUG INTERDICTION SPT             452             452
                   SPCL COMM-ELECTRONICS
                    PROJECTS
020                GENERAL INFORMATION           111,282         111,282
                    TECHNOLOGY.
021                AF GLOBAL COMMAND &            15,499          15,499
                    CONTROL SYS.
022                MOBILITY COMMAND AND            8,610           8,610
                    CONTROL.
023                AIR FORCE PHYSICAL            137,293          77,293
                    SECURITY SYSTEM.
                      Weapons Storage                          [-60,000]
                      Area--Request
                      ahead of need.
024                COMBAT TRAINING                40,633          44,633
                    RANGES.
                      Unmanned modular                           [3,000]
                      threat emitter
                      (UMTE).
                      Joint threat                               [1,000]
                      emitter (JTE).
025                C3 COUNTERMEASURES...           8,177           8,177
026                GCSS-AF FOS..........          81,579          81,579
027                THEATER BATTLE MGT C2          29,687          29,687
                    SYSTEM.
028                AIR & SPACE                    54,093          54,093
                    OPERATIONS CTR-WPN
                    SYS.
                   AIR FORCE
                    COMMUNICATIONS
029                BASE INFO                     433,859         384,859
                    INFRASTRUCTURE.
                      Excess funding....                       [-49,000]
030                USCENTCOM............          38,958          38,958
031                AUTOMATED
                    TELECOMMUNICATIONS
                    PRG.
                   DISA PROGRAMS

[[Page 123 STAT. 2746]]

 
032                SPACE BASED IR SENSOR          34,440          34,440
                    PGM SPACE.
033                NAVSTAR GPS SPACE....           6,415           6,415
034                NUDET DETECTION SYS            15,436          15,436
                    SPACE.
035                AF SATELLITE CONTROL           58,865          58,865
                    NETWORK SPACE.
036                SPACELIFT RANGE               100,275         100,275
                    SYSTEM SPACE.
037                MILSATCOM SPACE......         110,575         110,575
038                SPACE MODS SPACE.....          30,594          30,594
039                COUNTERSPACE SYSTEM..          29,793          29,793
                   ORGANIZATION AND BASE
040                TACTICAL C-E                  240,890         207,890
                    EQUIPMENT.
                      Reduce Vehicle                           [-33,000]
                      Communication
                      Systems.
041                COMBAT SURVIVOR                35,029          35,029
                    EVADER LOCATER.
042                RADIO EQUIPMENT......          15,536          15,536
043                TV EQUIPMENT (AFRTV).
044                CCTV/AUDIOVISUAL               12,961          12,961
                    EQUIPMENT.
045                BASE COMM                     121,049         121,049
                    INFRASTRUCTURE.
                   MODIFICATIONS
046                COMM ELECT MODS......          64,087          64,087
                   OTHER BASE
                    MAINTENANCE AND
                    SUPPORT EQUIP
                   PERSONAL SAFETY &
                    RESCUE EQUIP
047                NIGHT VISION GOGGLES.          28,226          28,226
048                ITEMS LESS THAN                17,223          17,223
                    $5,000,000 (SAFETY).
                   DEPOT PLANT+MTRLS
                    HANDLING EQ
049                MECHANIZED MATERIAL            15,449          15,449
                    HANDLING EQUIP.
                   BASE SUPPORT
                    EQUIPMENT
050                BASE PROCURED                  14,300          14,300
                    EQUIPMENT.
051                CONTINGENCY                    22,973          10,000
                    OPERATIONS.
                      Reduce program                           [-12,973]
                      growth.
052                PRODUCTIVITY CAPITAL            3,020           3,020
                    INVESTMENT.
053                MOBILITY EQUIPMENT...          32,855          32,855
054                ITEMS LESS THAN                 8,195          11,195
                    $5,000,000 (BASE S).
                      Aircrew Body Armor                         [3,000]
                      and Load Carriage
                      Vest.
                   SPECIAL SUPPORT
                    PROJECTS
056                DARP RC135...........          23,132          23,132
057                DISTRIBUTED GROUND            293,640         293,640
                    SYSTEMS.
059                SPECIAL UPDATE                471,234         471,234
                    PROGRAM.
060                DEFENSE SPACE                  30,041          30,041
                    RECONNAISSANCE PROG..
                   CLASSIFIED PROGRAMS
999                CLASSIFIED PROGRAMS..      13,830,722      13,830,722
                   SPARES AND REPAIR
                    PARTS
061                SPARES AND REPAIR              19,460          19,460
                    PARTS.
061a               Procurement of
                    computer services /
                    systems.
 
                   TOTAL--OTHER               17,293,141      17,133,668
                    PROCUREMENT, AIR
                    FORCE.
 
                   MINE RESISTANT AMBUSH
                    PROT VEH FUND
                   MINE RESISTANT AMBUSH                         600,000
                    PROT VEH FUND.......
                     Additional MRAP                           [600,000]
                      vehicles to meet
                      new requirement...
 
                   TOTAL--MINE RESISTANT                         600,000
                    AMBUSH PROT VEH FUND.
 
                   PROCUREMENT, DEFENSE-
                    WIDE
                   MAJOR EQUIPMENT
                   MAJOR EQUIPMENT, AFIS
001                MAJOR EQUIPMENT, AFIS
                   MAJOR EQUIPMENT, BTA
002                MAJOR EQUIPMENT, BTA.           8,858           8,858
                   MAJOR EQUIPMENT, DCAA
003                ITEMS LESS THAN $5              1,489           1,489
                    MILLION.
                   MAJOR EQUIPMENT, DCMA
004                MAJOR EQUIPMENT......           2,012           2,012
                   MAJOR EQUIPMENT, DHRA
005                PERSONNEL                      10,431          10,431
                    ADMINISTRATION.
                   MAJOR EQUIPMENT, DISA
017                INTERDICTION SUPPORT.
018                INFORMATION SYSTEMS            13,449          13,449
                    SECURITY.
019                GLOBAL COMMAND AND              7,053           7,053
                    CONTROL SYSTEM.

[[Page 123 STAT. 2747]]

 
020                GLOBAL COMBAT SUPPORT           2,820           2,820
                    SYSTEM.
021                TELEPORT PROGRAM.....          68,037          68,037
022                ITEMS LESS THAN $5            196,232         196,232
                    MILLION.
023                NET CENTRIC                     3,051           3,051
                    ENTERPRISE SERVICES
                    (NCES).
024                DEFENSE INFORMATION            89,725          89,725
                    SYSTEM NETWORK
                    (DISN).
025                PUBLIC KEY                      1,780           1,780
                    INFRASTRUCTURE.
026                JOINT COMMAND AND               2,835           2,835
                    CONTROL PROGRAM.
027                CYBER SECURITY                 18,188          18,188
                    INITIATIVE.
                   MAJOR EQUIPMENT, DLA
028                MAJOR EQUIPMENT......           7,728           7,728
                   MAJOR EQUIPMENT,
                    DMACT
029                MAJOR EQUIPMENT......          10,149          10,149
                   MAJOR EQUIPMENT,
                    DODEA
030                AUTOMATION/                     1,463           1,463
                    EDUCATIONAL SUPPORT
                    & LOGISTICS.
                   MAJOR EQUIPMENT,
                    DEFENSE SECURITY
                    COOPERATION AGENCY
031                EQUIPMENT............
032                VEHICLES.............              50              50
033                OTHER MAJOR EQUIPMENT           7,447           7,447
                   MAJOR EQUIPMENT, DTSA
034                MAJOR EQUIPMENT......             436             436
                   MAJOR EQUIPMENT,
                    MISSILE DEFENSE
                    AGENCY
035                THAAD SYSTEM.........         420,300         420,300
036                SM-3.................         168,723         191,923
                      Additional SM-3                           [23,200]
                      Block 1A missiles.
036A               TPY-2 Radar..........
                   MAJOR EQUIPMENT, NSA
044                INFORMATION SYSTEMS             4,013           4,013
                    SECURITY PROGRAM
                    (ISSP).
                   MAJOR EQUIPMENT, OSD
047                MAJOR EQUIPMENT, OSD.         111,487         111,487
                   MAJOR EQUIPMENT, TJS
048                MAJOR EQUIPMENT, TJS.          12,065          12,065
                   MAJOR EQUIPMENT, WHS
049                WHS MOTOR VEHICLES...
050                MAJOR EQUIPMENT, WHS.          26,945          26,945
                   CLASSIFIED PROGRAMS
999                CLASSIFIED PROGRAMS..         818,766         818,766
                   SPECIAL OPERATIONS
                    COMMAND
                   AVIATION PROGRAMS
051                ROTARY WING UPGRADES          101,936         101,936
                    AND SUSTAINMENT.
052                MH-47 SERVICE LIFE             22,958          22,958
                    EXTENSION PROGRAM.
053                MH-60 SOF                     146,820         146,820
                    MODERNIZATION
                    PROGRAM.
054                NON-STANDARD AVIATION         227,552         197,552
                      Procurement                              [-30,000]
                      Schedule.
055                UNMANNED VEHICLES....
056                SOF TANKER                     34,200          34,200
                    RECAPITALIZATION.
057                SOF U-28.............           2,518           2,518
058                MC-130H, COMBAT TALON
                    II.
059                CV-22 SOF MOD........         114,553         114,553
060                MQ-1 UAV.............          10,930          10,930
061                MQ-9 UAV.............          12,671          12,671
062                STUASL0..............          12,223          12,223
063                C-130 MODIFICATIONS..          59,950         145,950
                      MC-130W multi-                            [85,000]
                      mission
                      modifications.
                      Intelligence                               [1,000]
                      Broadcast Receiver
                      (IBR) for AFSOC MC-
                      130.
064                AIRCRAFT SUPPORT.....             973             973
                   SHIPBUILDING
065                ADVANCED SEAL                   5,236               0
                    DELIVERY SYSTEM
                    (ASDS).
                      Program                                   [-5,236]
                      termination.
066                MK8 MOD1 SEAL                   1,463           1,463
                    DELIVERY VEHICLE.
                   AMMUNITION PROGRAMS
067                SOF ORDNANCE                   61,360          61,360
                    REPLENISHMENT.
068                SOF ORDNANCE                   26,791          26,791
                    ACQUISITION.
                   OTHER PROCUREMENT
                    PROGRAMS
069                COMMUNICATIONS                 55,080          55,080
                    EQUIPMENT AND
                    ELECTRONICS.
070                SOF INTELLIGENCE               72,811          72,811
                    SYSTEMS.
071                SMALL ARMS AND                 35,235          42,735
                    WEAPONS.

[[Page 123 STAT. 2748]]

 
                      Advanced                                   [5,000]
                      lightweight
                      grenade launcher.
                      Special Operations                         [2,500]
                      Forces Combat
                      Assault Rifle
                      (SCAR).
072                MARITIME EQUIPMENT                791             791
                    MODIFICATIONS.
073                SPEC APPLICATION FOR
                    CONT.
074                SOF COMBATANT CRAFT             6,156          16,156
                    SYSTEMS.
                      Special Operations                        [10,000]
                      Craft-Riverine.
075                SPARES AND REPAIR               2,010           2,010
                    PARTS.
076                TACTICAL VEHICLES....          18,821          18,821
077                MISSION TRAINING AND           17,265          17,265
                    PREPARATION SYSTEMS.
078                COMBAT MISSION                 20,000          20,000
                    REQUIREMENTS.
079                MILCON COLLATERAL               6,835           6,835
                    EQUIPMENT.
081                SOF AUTOMATION                 60,836          60,836
                    SYSTEMS.
082                SOF GLOBAL VIDEO               12,401          12,401
                    SURVEILLANCE
                    ACTIVITIES.
083                SOF OPERATIONAL                26,070          26,070
                    ENHANCEMENTS
                    INTELLIGENCE.
084                SOF SOLDIER                       550             550
                    PROTECTION AND
                    SURVIVAL SYSTEMS.
085                SOF VISUAL                     33,741          38,741
                    AUGMENTATION, LASERS
                    AND SENSOR SYSTEMS.
                      Special operations                         [5,000]
                      visual
                      augmentation
                      systems.
086                SOF TACTICAL RADIO             53,034          63,034
                    SYSTEMS.
                      Special operations                        [10,000]
                      forces multi-band
                      inter/intra team
                      radio.
087                SOF MARITIME                    2,777           2,777
                    EQUIPMENT.
088                DRUG INTERDICTION....
089                MISCELLANEOUS                   7,576           7,576
                    EQUIPMENT.
090                SOF OPERATIONAL               273,998         273,998
                    ENHANCEMENTS.
091                PSYOP EQUIPMENT......          43,081          43,081
                   CLASSIFIED PROGRAMS
999                CLASSIFIED PROGRAMS..           5,573           5,573
                   CHEMICAL/BIOLOGICAL
                    DEFENSE
                   CBDP
092                Installation Force             65,590          65,590
                    Protection.
093                Individual Force               92,004          92,004
                    Protection.
094                Decontamination......          22,008          22,008
095                Joint Bio Defense              12,740          12,740
                    Program (Medical).
096                Collective Protection          27,938          27,938
097                Contamination                 151,765         151,765
                    Avoidance.
097a               Procurement of
                    computer services /
                    systems.
 
                   TOTAL--PROCUREMENT,         3,984,352       4,090,816
                    DEFENSE-WIDE.
 
                   RAPID ACQUISITION
                    FUND
001                JOINT RAPID                    79,300               0
                    ACQUISITION CELL.
                      Program Reduction.                       [-79,300]
 
                   TOTAL--RAPID                   79,300               0
                    ACQUISITION FUND.
 
                   NATIONAL GUARD &
                    RESERVE EQUIPMENT
                   RESERVE EQUIPMENT
                   UNDISTRIBUTED........                         600,000
                   ARMY RESERVE
001                MISCELLANEOUS
                    EQUIPMENT.
                   NAVY RESERVE
002                MISCELLANEOUS
                    EQUIPMENT.
                   MARINE CORPS RESERVE
003                MISCELLANEOUS
                    EQUIPMENT.
                   AIR FORCE RESERVE
004                MISCELLANEOUS
                    EQUIPMENT.
                   ARMY NATIONAL GUARD
005                MISCELLANEOUS
                    EQUIPMENT.
                   AIR NATIONAL GUARD
006                MISCELLANEOUS
                    EQUIPMENT.
 
                   TOTAL--NATIONAL GUARD               0         600,000
                    & RESERVE EQUIPMENT.
 
 
 
                   Total Procurement....     105,819,330     105,029,379
------------------------------------------------------------------------

[[Page 123 STAT. 2749]]

SEC. 4102. PROCUREMENT FOR OVERSEAS CONTINGENCY OPERATIONS.

------------------------------------------------------------------------
    PROCUREMENT FOR OVERSEAS CONTINGENCY OPERATIONS (In Thousands of
                                Dollars)
-------------------------------------------------------------------------
                                              FY 2010       Conference
       Line                 Item              Request        Agreement
------------------------------------------------------------------------
                   AIRCRAFT PROCUREMENT,
                    ARMY
                   AIRCRAFT
                   FIXED WING
003                MQ-1 UAV.............         250,000         250,000
004                RQ-11 (RAVEN)........          44,640          44,640
004A               C-12A................          45,000          45,000
                   ROTARY WING
011                UH-60 BLACKHAWK (MYP)          74,340          74,340
013                CH-47 HELICOPTER.....         141,200         141,200
                   MODIFICATION OF
                    AIRCRAFT
018                GUARDRAIL MODS (MIP).          50,210          50,210
019                MULTI SENSOR ABN               54,000          54,000
                    RECON (MIP).
020                AH-64 MODS...........         315,300         315,300
026                UTILITY HELICOPTER              2,500           2,500
                    MODS.
027                KIOWA WARRIOR........          94,335          94,335
030                RQ-7 UAV MODS........         326,400         326,400
030A               C-12A................          60,000          60,000
                   SPARES AND REPAIR
                    PARTS
031                SPARE PARTS (AIR)....          18,200          18,200
                   SUPPORT EQUIPMENT AND
                    FACILITIES
                   GROUND SUPPORT
                    AVIONICS
033                ASE INFRARED CM......         111,600         111,600
                   OTHER SUPPORT
035                COMMON GROUND                  23,704          23,704
                    EQUIPMENT.
036                AIRCREW INTEGRATED             24,800          24,800
                    SYSTEMS.
 
                   TOTAL--AIRCRAFT             1,636,229       1,636,229
                    PROCUREMENT, ARMY.
 
                   MISSILE PROCUREMENT,
                    ARMY
                   OTHER MISSILES
                   AIR-TO-SURFACE
                    MISSILE SYSTEM
005                HELLFIRE SYS SUMMARY.         219,700         219,700
                   ANTI-TANK/ASSAULT
                    MISSILE SYSTEM
006                JAVELIN (AAWS-M)              140,979         115,979
                    SYSTEM SUMMARY.
                      Funding ahead of                         [-25,000]
                      need.
007                TOW 2 SYSTEM SUMMARY.          59,200          34,200
                      Funding ahead of                         [-25,000]
                      need.
008                GUIDED MLRS ROCKET             60,600          60,600
                    (GMLRS).
                   MODIFICATIONS
014                MLRS MODS............          18,772          18,772
015                HIMARS MODIFICATIONS.          32,319          32,319
 
                   TOTAL--MISSILE                531,570         481,570
                    PROCUREMENT, ARMY.
 
                   PROCUREMENT OF
                    WEAPONS & TRACKED
                    COMBAT VEHICLES
                   MODIFICATION OF
                    TRACKED COMBAT
                    VEHICLES
009                FIST VEHICLE (MOD)...          36,000          36,000
010                BRADLEY PROGRAM (MOD)         243,600         243,600
011                HOWITZER, MED SP FT            37,620          37,620
                    155MM M109A6 (MOD).
                   SUPPORT EQUIPMENT &
                    FACILITIES
                   WEAPONS AND OTHER
                    COMBAT VEHICLES
027                XM320 GRENADE                  13,900          13,900
                    LAUNCHER MODULE
                    (GLM).
031                COMMON REMOTELY               235,000         235,000
                    OPERATED WEAPONS
                    STATION (CRO.
033                HOWITZER LT WT 155MM          107,996         107,996
                    (T).
                   MOD OF WEAPONS AND
                    OTHER COMBAT VEH
036                M2 50 CAL MACHINE GUN          27,600          27,600
                    MODS.
037                M249 SAW MACHINE GUN           20,900          20,900
                    MODS.
038                M240 MEDIUM MACHINE             4,800           4,800
                    GUN MODS.
040                M119 MODIFICATIONS...          21,250          21,250
041A               M14 7.62 RIFLE MODS..           5,800           5,800
                   SUPPORT EQUIPMENT &
                    FACILITIES
043                ITEMS LESS THAN $5.0M           5,000           5,000
                    (WOCV-WTCV).

[[Page 123 STAT. 2750]]

 
 
                   TOTAL--PROCUREMENT OF         759,466         759,466
                    WTCV, ARMY.
 
                   PROCUREMENT OF
                    AMMUNITION, ARMY
                   AMMUNITION
                   SMALL/MEDIUM CALIBER
                    AMMUNITION
001                CTG, 5.56MM, ALL               22,000          22,000
                    TYPES.
002                CTG, 7.62MM, ALL                8,300           8,300
                    TYPES.
003                CTG, HANDGUN, ALL                 500             500
                    TYPES.
004                CTG, .50 CAL, ALL              26,500          26,500
                    TYPES.
006                CTG, 30MM, ALL TYPES.             530             530
                   MORTAR AMMUNITION
008                60MM MORTAR, ALL               20,000          20,000
                    TYPES.
                   TANK AMMUNITION
                   ARTILLERY AMMUNITION
014                CTG, ARTY, 105MM: ALL           9,200           9,200
                    TYPES.
016                PROJ 155MM EXTENDED            52,200          52,200
                    RANGE XM982.
017                MODULAR ARTILLERY              10,000          10,000
                    CHARGE SYSTEM
                    (MACS), ALL T.
                   ARTILLERY FUZES
018                ARTILLERY FUZES, ALL            7,800           7,800
                    TYPES.
                   MINES
019                MINES, ALL TYPES.....           5,000           5,000
020                MINE, CLEARING                  7,000           7,000
                    CHARGE, ALL TYPES.
                   ROCKETS
024                ROCKET, HYDRA 70, ALL         169,505         169,505
                    TYPES.
                   OTHER AMMUNITION
027                SIGNALS, ALL TYPES...             100             100
                   MISCELLANEOUS
030                NON-LETHAL                     32,000          32,000
                    AMMUNITION, ALL
                    TYPES.
 
                   TOTAL--PROCUREMENT OF         370,635         370,635
                    AMMUNITION, ARMY.
 
                   OTHER PROCUREMENT,
                    ARMY
                   TACTICAL AND SUPPORT
                    VEHICLES
                   TACTICAL VEHICLES
001                TACTICAL TRAILERS/              1,948           1,948
                    DOLLY SETS.
002                SEMITRAILERS,                  40,403          40,403
                    FLATBED:.
003                SEMITRAILERS, TANKERS           8,651           8,651
004                HI MOB MULTI-PURP           1,251,038         875,718
                    WHLD VEH (HMMWV).
                      Army end strength                       [-375,320]
                      budget amendment.
005                FAMILY OF MEDIUM              461,657         286,337
                    TACTICAL VEH (FMTV).
                      Army end strength                       [-175,320]
                      budget amendment.
007                FAMILY OF HEAVY               623,230         623,230
                    TACTICAL VEHICLES
                    (FHTV).
009                ARMORED SECURITY               13,206          13,206
                    VEHICLES (ASV).
012                TRUCK, TRACTOR, LINE           62,654          62,654
                    HAUL, M915/M916.
                   COMMUNICATIONS AND
                    ELECTRONICS
                    EQUIPMENT
                   COMM-JOINT
                    COMMUNICATIONS
023                WIN-T--GROUND FORCES           13,500          13,500
                    TACTICAL NETWORK.
                   COMM--SATELLITE
                    COMMUNICATIONS
028                NAVSTAR GLOBAL                 53,486          53,486
                    POSITIONING SYSTEM
                    (SPACE).
029                SMART-T (SPACE)......          26,000          26,000
032                MOD OF IN-SVC EQUIP            23,900          23,900
                    (TAC SAT).
                   COMM--COMBAT SUPPORT
                    COMM
032A               MOD-IN-SERVICE                  6,070           6,070
                    PROFILER.
                   COMM--COMBAT
                    COMMUNICATIONS
034                ARMY DATA                         239             239
                    DISTRIBUTION SYSTEM
                    (DATA RADIO).
037                SINCGARS FAMILY......         128,180          53,180
                      Unjustified                              [-75,000]
                      program growth.
038                AMC CRITICAL ITEMS--          100,000         100,000
                    OPA2.
046                RADIO, IMPROVED HF             11,286          11,286
                    (COTS) FAMILY.
047                MEDICAL COMM FOR CBT               18              18
                    CASUALTY CARE (MC4).
                   INFORMATION SECURITY
050                INFORMATION SYSTEM             32,095          32,095
                    SECURITY PROGRAM-
                    ISSP.
                   COMM--BASE
                    COMMUNICATIONS
055                INFORMATION SYSTEMS..         330,342         330,342
057                INSTALLATION INFO             227,733         227,733
                    INFRASTRUCTURE MOD
                    PROGRAM(.
                   ELECT EQUIP--TACT INT
                    REL ACT (TIARA)

[[Page 123 STAT. 2751]]

 
062                JTT/CIBS-M (MIP).....           1,660           1,660
066                DIGITAL TOPOGRAPHIC               265             265
                    SPT SYS (DTSS) (MIP).
069                DCGS-A (MIP).........         167,100         167,100
073                CI HUMINT AUTO                 34,208          34,208
                    REPRTING AND
                    COLL(CHARCS) (MIP.
075                ITEMS LESS THAN $5.0M           5,064           5,064
                    (MIP).
                   ELECT EQUIP--
                    ELECTRONIC WARFARE
                    (EW)
076                LIGHTWEIGHT COUNTER            58,590          58,590
                    MORTAR RADAR.
077                WARLOCK..............         164,435         164,435
078                COUNTERINTELLIGENCE/          126,030         126,030
                    SECURITY
                    COUNTERMEASURES.
                   ELECT EQUIP--TACTICAL
                    SURV. (TAC SURV)
082                NIGHT VISION DEVICES.          93,183          93,183
084                NIGHT VISION, THERMAL          25,000          25,000
                    WPN SIGHT.
085                SMALL TACTICAL                 15,000          15,000
                    OPTICAL RIFLE
                    MOUNTED MLRF.
087                COUNTER-ROCKET,               150,400         150,400
                    ARTILLERY & MORTAR
                    (C-RAM).
091                ENHANCED PORTABLE               1,900           1,900
                    INDUCTIVE ARTILLERY
                    FUZE SE.
094                FORCE XXI BATTLE CMD          242,999         242,999
                    BRIGADE & BELOW
                    (FBCB2).
096                LIGHTWEIGHT LASER              97,020          97,020
                    DESIGNATOR/
                    RANGEFINDER (LLD.
097                COMPUTER BALLISTICS:            3,780           3,780
                    LHMBC XM32.
099                COUNTERFIRE RADARS...          26,000          26,000
                   ELECT EQUIP--TACTICAL
                    C2 SYSTEMS
103                FIRE SUPPORT C2                14,840          14,840
                    FAMILY.
104                BATTLE COMMAND                     16              16
                    SUSTAINMENT SUPPORT
                    SYSTEM (BC.
107                KNIGHT FAMILY........         178,500         178,500
113                NETWORK MANAGEMENT             58,900          58,900
                    INITIALIZATION AND
                    SERVICE.
114                MANEUVER CONTROL                5,000           5,000
                    SYSTEM (MCS).
115                SINGLE ARMY LOGISTICS           1,440           1,440
                    ENTERPRISE (SALE).
                   ELECT EQUIP--SUPPORT
                   CLASSIFIED PROGRAMS..             760             760
                   CHEMICAL DEFENSIVE
                    EQUIPMENT
129                PROTECTIVE SYSTEMS...          44,460          44,460
130                CBRN SOLDIER                   38,811          38,811
                    PROTECTION.
                   BRIDGING EQUIPMENT
133                TACTICAL BRIDGE,               13,525          13,525
                    FLOAT-RIBBON.
                   ENGINEER (NON-
                    CONSTRUCTION)
                    EQUIPMENT
136                EXPLOSIVE ORDNANCE             10,800          10,800
                    DISPOSAL EQPMT (EOD
                    EQPMT).
                   COMBAT SERVICE
                    SUPPORT EQUIPMENT
140                LAUNDRIES, SHOWERS             21,561          21,561
                    AND LATRINES.
142                LIGHTWEIGHT                     1,955           1,955
                    MAINTENANCE
                    ENCLOSURE (LME).
146                FORCE PROVIDER.......         245,382         245,382
147                FIELD FEEDING                   4,011           4,011
                    EQUIPMENT.
150                ITEMS LESS THAN $5M             4,987           4,987
                    (ENG SPT).
                   PETROLEUM EQUIPMENT
152                DISTRIBUTION SYSTEMS,          58,554          58,554
                    PETROLEUM & WATER.
                   WATER EQUIPMENT
153                WATER PURIFICATION              3,017           3,017
                    SYSTEMS.
                   MEDICAL EQUIPMENT
154                COMBAT SUPPORT                 11,386          11,386
                    MEDICAL.
                   MAINTENANCE EQUIPMENT
155                MOBILE MAINTENANCE             12,365          12,365
                    EQUIPMENT SYSTEMS.
156                ITEMS LESS THAN $5.0M             546             546
                    (MAINT EQ).
                   CONSTRUCTION
                    EQUIPMENT
162                LOADERS..............           1,100           1,100
163                HYDRAULIC EXCAVATOR..             290             290
166                PLANT, ASPHALT MIXING           2,500           2,500
167                HIGH MOBILITY                  16,500          16,500
                    ENGINEER EXCAVATOR
                    (HMEE) FOS.
169                ITEMS LESS THAN $5.0M             360             360
                    (CONST EQUIP).
                   RAIL FLOAT
                    CONTAINERIZATION
                    EQUIPMENT
172                ITEMS LESS THAN $5.0M           3,550           3,550
                    (FLOAT/RAIL).
                   GENERATORS
173                GENERATORS AND                 62,210          62,210
                    ASSOCIATED EQUIP.
                   MATERIAL HANDLING
                    EQUIPMENT
174                ROUGH TERRAIN                  54,360          54,360
                    CONTAINER HANDLER
                    (RTCH).
175                ALL TERRAIN LIFTING            49,319          49,319
                    ARMY SYSTEM.
                   TRAINING EQUIPMENT
176                COMBAT TRAINING                60,200          60,200
                    CENTERS SUPPORT.
177                TRAINING DEVICES,              28,200          28,200
                    NONSYSTEM.
                   TEST MEASURE AND DIG
                    EQUIPMENT (TMD)

[[Page 123 STAT. 2752]]

 
182                INTEGRATED FAMILY OF            1,524           1,524
                    TEST EQUIPMENT
                    (IFTE).
183                TEST EQUIPMENT                  3,817           3,817
                    MODERNIZATION
                    (TEMOD).
                   OTHER SUPPORT
                    EQUIPMENT
184                RAPID EQUIPPING                27,000          27,000
                    SOLDIER SUPPORT
                    EQUIPMENT.
187                MODIFICATION OF IN-           555,950         555,950
                    SVC EQUIPMENT (OPA-
                    3).
 
                   TOTAL--OTHER                6,225,966       5,600,326
                    PROCUREMENT, ARMY.
 
                   JOINT IMPROVISED
                    EXPLOSIVE DEVICE
                    DEFEAT FUND
                   NETWORK ATTACK
001                ATTACK THE NETWORK...         812,000       1,015,100
                      Transfer from base                       [203,100]
                      budget.
                   JIEDDO DEVICE DEFEAT
002                DEFEAT THE DEVICE....         536,000         735,100
                      Transfer from base                       [199,100]
                      budget.
                   FORCE TRAINING
003                TRAIN THE FORCE......         187,000         228,100
                      Transfer from base                        [41,100]
                      budget.
                   STAFF AND
                    INFRASTRUCTURE
004                OPERATIONS...........                         121,550
                      Transfer from base                       [121,550]
                      budget.
 
                   TOTAL--JOINT IED            1,535,000       2,099,850
                    DEFEAT FUND.
 
                   AIRCRAFT PROCUREMENT,
                    NAVY
                   COMBAT AIRCRAFT
010                UH-1Y/AH-1Z..........          55,006          55,006
                   MODIFICATION OF
                    AIRCRAFT
028                EA-6 SERIES..........          45,000          45,000
029                AV-8 SERIES..........          28,296          19,396
                      ALE-47 upgrades                           [-8,900]
                      complete.
030                F-18 SERIES..........          96,000          96,000
031                H-46 SERIES..........          17,485          17,485
033                H-53 SERIES..........         164,730         164,730
034                SH-60 SERIES.........          11,192          11,192
035                H-1 SERIES...........          11,217          11,217
037                P-3 SERIES...........          74,900          74,900
039                E-2 SERIES...........          17,200          17,200
041                C-2A.................          14,100          14,100
042                C-130 SERIES.........          52,324          52,324
049                POWER PLANT CHANGES..           4,456               0
                      Non-emergency                             [-4,456]
                      modifications.
052                COMMON ECM EQUIPMENT.         263,382         263,382
054                COMMON DEFENSIVE                5,500           5,500
                    WEAPON SYSTEM.
056                V-22 (TILT/ROTOR               53,500          53,500
                    ACFT) OSPREY.
                   AIRCRAFT SPARES AND
                    REPAIR PARTS
057                SPARES AND REPAIR               2,265           2,265
                    PARTS.
 
                   TOTAL--AIRCRAFT               916,553         903,197
                    PROCUREMENT, NAVY.
 
010                HELLFIRE.............          73,700          50,700
                      Army end strength                        [-23,000]
                      budget amendment.
 
                   TOTAL--WEAPONS                 73,700          50,700
                    PROCUREMENT, NAVY.
 
                   PROCUREMENT OF
                    AMMUNITION, NAVY &
                    MARINE CORPS
                   PROC AMMO, NAVY
                   NAVY AMMUNITION
001                GENERAL PURPOSE BOMBS          40,500          40,500
003                AIRBORNE ROCKETS, ALL          42,510          42,510
                    TYPES.
004                MACHINE GUN                   109,200          80,377
                    AMMUNITION.
                      Army end strength                        [-28,823]
                      budget amendment.
007                AIR EXPENDABLE                  5,501           5,501
                    COUNTERMEASURES.
009                5 INCH/54 GUN                     352             352
                    AMMUNITION.
011                OTHER SHIP GUN                  2,835           2,835
                    AMMUNITION.
012                SMALL ARMS & LANDING           14,229          14,229
                    PARTY AMMO.

[[Page 123 STAT. 2753]]

 
013                PYROTECHNIC AND                 1,442           1,442
                    DEMOLITION.
                   PROC AMMO, MC
                   MARINE CORPS
                    AMMUNITION
015                SMALL ARMS AMMUNITION          16,930          16,930
016                LINEAR CHARGES, ALL             5,881           5,881
                    TYPES.
017                40 MM, ALL TYPES.....         104,824         104,824
018                60MM, ALL TYPES......          43,623          43,623
019                81MM, ALL TYPES......         103,647         103,647
020                120MM, ALL TYPES.....          62,265          62,265
021                CTG 25MM, ALL TYPES..             563             563
022                GRENADES, ALL TYPES..           6,074           6,074
023                ROCKETS, ALL TYPES...           8,117           8,117
024                ARTILLERY, ALL TYPES.          81,975          81,975
026                DEMOLITION MUNITIONS,           9,241           9,241
                    ALL TYPES.
027                FUZE, ALL TYPES......          51,071          51,071
 
                   TOTAL--PROCUREMENT OF         710,780         681,957
                    AMMUNITION, NAVY &
                    MARINE CORPS.
 
                   OTHER PROCUREMENT,
                    NAVY
                   OTHER SHIPBOARD
                    EQUIPMENT
018                UNDERWATER EOD                 12,040          12,040
                    PROGRAMS.
                   SMALL BOATS
025                STANDARD BOATS.......          13,000          13,000
                   COMMUNICATIONS AND
                    ELECTRONICS
                    EQUIPMENT
                   AVIATION ELECTRONIC
                    EQUIPMENT
056                MATCALS..............             400             400
                   SHIPBOARD
                    COMMUNICATIONS
076                SHIP COMMUNICATIONS             1,500           1,500
                    AUTOMATION.
                   AIRCRAFT SUPPORT
                    EQUIPMENT
092                EXPEDITIONARY                  37,345          37,345
                    AIRFIELDS.
097                AVIATION LIFE SUPPORT          17,883          17,883
                   ORDNANCE SUPPORT
                    EQUIPMENT
                   OTHER ORDNANCE
                    SUPPORT EQUIPMENT
115                EXPLOSIVE ORDNANCE             43,650          43,650
                    DISPOSAL EQUIP.
                   CIVIL ENGINEERING
                    SUPPORT EQUIPMENT
120                PASSENGER CARRYING                 25              25
                    VEHICLES.
121                GENERAL PURPOSE                    93              93
                    TRUCKS.
122                CONSTRUCTION &                 11,167          11,167
                    MAINTENANCE EQUIP.
124                TACTICAL VEHICLES....          54,008          54,008
127                ITEMS UNDER $5                 10,842          10,842
                    MILLION.
128                PHYSICAL SECURITY               1,130           1,130
                    VEHICLES.
                   SUPPLY SUPPORT
                    EQUIPMENT
129                MATERIALS HANDLING                 25              25
                    EQUIPMENT.
                   PERSONNEL AND COMMAND
                    SUPPORT EQUIPMENT
                   COMMAND SUPPORT
                    EQUIPMENT
134                COMMAND SUPPORT                 4,000           4,000
                    EQUIPMENT.
139                OPERATING FORCES               15,452          15,452
                    SUPPORT EQUIPMENT.
140                C4ISR EQUIPMENT......           3,100           3,100
142                PHYSICAL SECURITY              89,521          64,521
                    EQUIPMENT.
                      OCO unjustified                          [-25,000]
                      request.
                   SPARES AND REPAIR
                    PARTS
145                SPARES AND REPAIR               2,837           2,837
                    PARTS.
 
                   TOTAL--OTHER                  318,018         293,018
                    PROCUREMENT, NAVY.
 
                   PROCUREMENT, MARINE
                    CORPS
                   WEAPONS AND COMBAT
                    VEHICLES
                   TRACKED COMBAT
                    VEHICLES
002                LAV PIP..............          58,229          58,229
                   ARTILLERY AND OTHER
                    WEAPONS
006                155MM LIGHTWEIGHT              54,000               0
                    TOWED HOWITZER.
                      Army end strength                        [-54,000]
                      budget amendment.
008                WEAPONS AND COMBAT              3,351           3,351
                    VEHICLES UNDER $5
                    MILLION.
                   OTHER SUPPORT
010                MODIFICATION KITS....          20,183          20,183
011                WEAPONS ENHANCEMENT             9,151           9,151
                    PROGRAM.

[[Page 123 STAT. 2754]]

 
                   GUIDED MISSILES AND
                    EQUIPMENT
                   OTHER SUPPORT
016                MODIFICATION KITS....           8,506           8,506
                   COMMUNICATIONS &
                    ELECTRONICS
                    EQUIPMENT
                   REPAIR AND TEST
                    EQUIPMENT
018                REPAIR AND TEST                11,741          11,741
                    EQUIPMENT.
                   OTHER SUPPORT (TEL)
019                COMBAT SUPPORT SYSTEM             462             462
                   COMMAND AND CONTROL
                    SYSTEM (NON-TEL)
021                ITEMS UNDER $5                  4,153           4,153
                    MILLION (COMM &
                    ELEC).
022                AIR OPERATIONS C2               3,096           3,096
                    SYSTEMS.
                   RADAR + EQUIPMENT
                    (NON-TEL)
023                RADAR SYSTEMS........           3,417           3,417
                   INTELL/COMM EQUIPMENT
                    (NON-TEL)
024                FIRE SUPPORT SYSTEM..             521             521
025                INTELLIGENCE SUPPORT           37,547          37,547
                    EQUIPMENT.
026                RQ-11 UAV............          13,000          13,000
                   OTHER COMM/ELEC
                    EQUIPMENT (NON-TEL)
027                NIGHT VISION                   12,570               0
                    EQUIPMENT.
                      Army end strength                        [-12,570]
                      budget amendment.
                   OTHER SUPPORT (NON-
                    TEL)
028                COMMON COMPUTER                23,105          23,105
                    RESOURCES.
029                COMMAND POST SYSTEMS.          23,041          23,041
030                RADIO SYSTEMS........          32,497          32,497
031                COMM SWITCHING &                2,044           2,044
                    CONTROL SYSTEMS.
032                COMM & ELEC                        64              64
                    INFRASTRUCTURE
                    SUPPORT.
                   SUPPORT VEHICLES
                   ADMINISTRATIVE
                    VEHICLES
035                5/4T TRUCK HMMWV              205,036         205,036
                    (MYP)...............
036                MOTOR TRANSPORT                10,177               0
                    MODIFICATIONS.
                      Army end strength                        [-10,177]
                      budget amendment.
037                MEDIUM TACTICAL               131,044         131,044
                    VEHICLE REPLACEMENT.
038                LOGISTICS VEHICLE              59,219          59,219
                    SYSTEM REP.
039                FAMILY OF TACTICAL             13,388          13,388
                    TRAILERS.
                   OTHER SUPPORT
                   ENGINEER AND OTHER
                    EQUIPMENT
042                ENVIRONMENTAL CONTROL           5,119           5,119
                    EQUIP ASSORT.
043                BULK LIQUID EQUIPMENT           4,549           4,549
044                TACTICAL FUEL SYSTEMS          33,421          33,421
045                POWER EQUIPMENT                24,860          24,860
                    ASSORTED.
047                EOD SYSTEMS..........          47,697          47,697
                   MATERIALS HANDLING
                    EQUIPMENT
048                PHYSICAL SECURITY              19,720           2,720
                    EQUIPMENT.
                      Army end strength                        [-17,000]
                      budget amendment.
050                MATERIAL HANDLING              56,875          56,875
                    EQUIP.
                   GENERAL PROPERTY
053                TRAINING DEVICES.....         157,734         147,304
                      Army end strength                        [-10,430]
                      budget amendment.
055                FAMILY OF                      35,818          35,818
                    CONSTRUCTION
                    EQUIPMENT.
058                RAPID DEPLOYABLE                   55              55
                    KITCHEN.
                   OTHER SUPPORT
059                ITEMS LESS THAN $5             39,055          39,055
                    MILLION.
                   SPARES AND REPAIR
                    PARTS
 
                   TOTAL--PROCUREMENT,         1,164,445       1,060,268
                    MARINE CORPS.
 
                   AIRCRAFT PROCUREMENT,
                    AIR FORCE
                   OTHER AIRLIFT
006                C-130J...............          72,000          72,000
                   OTHER AIRCRAFT
                   CLASSIFIED PROGRAMS
                   MODIFICATION OF IN-
                    SERVICE AIRCRAFT
                   STRATEGIC AIRCRAFT
028                B-1B.................          20,500          20,500
                   TACTICAL AIRCRAFT
030                A-10.................          10,000          10,000
032                F-16.................          20,025               0

[[Page 123 STAT. 2755]]

 
                      Army end strength                        [-20,025]
                      budget amendment--
                      secure line-of-
                      sight/beyond line-
                      of-sight mods.
                   AIRLIFT AIRCRAFT
034                C-5..................          57,400          57,400
037                C-17A................         132,300         120,725
                      Army end strength                        [-11,575]
                      budget amendment--
                      LAIRCM mods.
                   OTHER AIRCRAFT
052                C-130................         210,800          86,400
                      Army end strength                       [-124,400]
                      budget amendment--
                      LAIRCM mods.
054                C-135................          16,916          16,916
056                DARP.................          10,300          10,300
063                HC/MC-130                       7,000           7,000
                    MODIFICATIONS.
064                OTHER AIRCRAFT.......          90,000          90,000
065                MQ-1 MODS............          65,000          65,000
066                MQ-9 MODS............          99,200          99,200
                   AIRCRAFT SUPPORT
                    EQUIPMENT AND
                    FACILITIES
                   POST PRODUCTION
                    SUPPORT
076                C-17A................          11,000          11,000
                   WAR CONSUMABLES
                   OTHER PRODUCTION
                    CHARGES
085                OTHER PRODUCTION              114,000         114,000
                    CHARGES.
 
                   TOTAL--AIRCRAFT               936,441         780,441
                    PROCUREMENT, AIR
                    FORCE.
 
                   PROCUREMENT OF
                    AMMUNITION, AIR
                    FORCE
                   ROCKETS
001                ROCKETS..............           3,488           3,488
                   CARTRIDGES
002                CARTRIDGES...........          39,236          39,236
                   BOMBS
004                GENERAL PURPOSE BOMBS          34,085          34,085
005                JOINT DIRECT ATTACK            97,978          97,978
                    MUNITION.
                   FLARE, IR MJU-7B
007                EXPLOSIVE ORDINANCE             4,800           4,800
                    DISPOSAL (EOD).
                   FUZES
011                FLARES...............          41,000          41,000
012                FUZES................          14,595          14,595
                   WEAPONS
                   SMALL ARMS
013                SMALL ARMS...........          21,637          21,637
 
                   TOTAL--PROCUREMENT OF         256,819         256,819
                    AMMUNITION, AIR
                    FORCE.
 
                   MISSILE PROCUREMENT,
                    AIR FORCE
                   OTHER MISSILES
                   TACTICAL
005                PREDITOR HELLFIRE              29,325          29,325
                    MISSILE.
006                SMALL DIAMETER BOMB..           7,300           7,300
 
                   TOTAL--MISSILE                 36,625          36,625
                    PROCUREMENT, AIR
                    FORCE.
 
                   OTHER PROCUREMENT,
                    AIR FORCE
                   VEHICULAR EQUIPMENT
                   CARGO + UTILITY
                    VEHICLES
002                MEDIUM TACTICAL                 3,364           3,364
                    VEHICLE.
                   SPECIAL PURPOSE
                    VEHICLES
004                SECURITY AND TACTICAL          11,337          11,337
                    VEHICLES.
                   FIRE FIGHTING
                    EQUIPMENT
005                FIRE FIGHTING/CRASH             8,626           8,626
                    RESCUE VEHICLES.
                   MATERIALS HANDLING
                    EQUIPMENT
                   SPCL COMM-ELECTRONICS
                    PROJECTS
023                AIR FORCE PHYSICAL              1,600           1,600
                    SECURITY SYSTEM.
                   DISA PROGRAMS
037                MILSATCOM SPACE......             714             714
                   OTHER BASE
                    MAINTENANCE AND
                    SUPPORT EQUIP
                   PERSONAL SAFETY &
                    RESCUE EQUIP
047                NIGHT VISION GOGGLES.          14,528          14,528

[[Page 123 STAT. 2756]]

 
048                ITEMS LESS THAN                 4,900           4,900
                    $5,000,000 (SAFETY).
                   DEPOT PLANT+MTRLS
                    HANDLING EQ
                   BASE SUPPORT
                    EQUIPMENT
051                CONTINGENCY                    11,300          11,300
                    OPERATIONS.
                   SPECIAL SUPPORT
                    PROJECTS
060                DEFENSE SPACE                  34,400          34,400
                    RECONNAISSANCE PROG..
                   CLASSIFIED PROGRAMS
999                CLASSIFIED PROGRAMS..       2,230,780       2,230,780
 
                   TOTAL--OTHER                2,321,549       2,321,549
                    PROCUREMENT, AIR
                    FORCE.
 
                   MINE RESISTANT AMBUSH
                    PROT VEH FUND
                   MINE RESISTANT AMBUSH
                    PROT VEH FUND
                   MINE RESISTANT AMBUSH       5,456,000       6,056,000
                    PROT VEH FUND.
                      Additional MRAP                          [600,000]
                      vehicles to meet
                      new requirement.
 
                   TOTAL--MINE RESISTANT       5,456,000       6,056,000
                    AMBUSH PROT VEH FUND.
 
                   PROCUREMENT, DEFENSE-
                    WIDE
                   MAJOR EQUIPMENT, DISA
019                GLOBAL COMMAND AND              1,500           1,500
                    CONTROL SYSTEM.
021                TELEPORT PROGRAM.....           7,411           7,411
                   CLASSIFIED PROGRAMS
999                CLASSIFIED PROGRAMS..         304,794         304,794
                   SPECIAL OPERATIONS
                    COMMAND
                   AVIATION PROGRAMS
052                MH-47 SERVICE LIFE              5,900           5,900
                    EXTENSION PROGRAM.
057                SOF U-28.............           3,000           3,000
060                MQ-1 UAV.............           1,450               0
                      Funding Early to                          [-1,450]
                      Need.
062                STUASL0..............          12,000          12,000
063                C-130 MODIFICATIONS..          19,500          19,500
                   SHIPBUILDING
                   AMMUNITION PROGRAMS
067                SOF ORDNANCE                   51,156          51,156
                    REPLENISHMENT.
068                SOF ORDNANCE                   17,560          17,560
                    ACQUISITION.
                   OTHER PROCUREMENT
                    PROGRAMS
069                COMMUNICATIONS                  2,000           2,000
                    EQUIPMENT AND
                    ELECTRONICS.
070                SOF INTELLIGENCE               23,260          23,260
                    SYSTEMS.
071                SMALL ARMS AND                  3,800           3,800
                    WEAPONS.
076                TACTICAL VEHICLES....           6,865           6,865
083                SOF OPERATIONAL                11,000          11,000
                    ENHANCEMENTS
                    INTELLIGENCE.
086                SOF TACTICAL RADIO              5,448           5,448
                    SYSTEMS.
090                SOF OPERATIONAL                11,900          11,900
                    ENHANCEMENTS.
                   CLASSIFIED PROGRAMS
999                CLASSIFIED PROGRAMS..           2,886           2,886
 
                   TOTAL--PROCUREMENT,           491,430         489,980
                    DEFENSE-WIDE.
 
 
 
                   Total Procurement....      23,741,226      23,878,630
------------------------------------------------------------------------

[[Page 123 STAT. 2757]]

         TITLE XLII--RESEARCH, DEVELOPMENT, TEST AND EVALUATION

SEC. 4201. RESEARCH, DEVELOPMENT, TEST AND EVALUATION.

------------------------------------------------------------------------
  RESEARCH, DEVELOPMENT, TEST, AND EVALUATION (In Thousands of Dollars)
-------------------------------------------------------------------------
                                                 FY 2010     Conference
  Line    Program Element         Item           Request     Authorized
------------------------------------------------------------------------
         ................  RESEARCH,
                            DEVELOPMENT, TEST
                            & EVALUATION,
                            ARMY
         ................
         ................  BASIC RESEARCH
   001   0601101A          IN-HOUSE                 19,671        19,671
                            LABORATORY
                            INDEPENDENT
                            RESEARCH.
   002   0601102A          DEFENSE RESEARCH        173,024       176,524
                            SCIENCES.
         ................     Ballistic                          [3,500]
                              materials
                              research.
   003   0601103A          UNIVERSITY               88,421        92,421
                            RESEARCH
                            INITIATIVES.
         ................     Nanocomposite                      [2,000]
                              materials
                              research.
         ................     Open source                        [1,000]
                              intelligence
                              research.
         ................     Smart Wound                        [1,000]
                              Dressing for
                              MRSA-Infected
                              Battle Wounds.
   004   0601104A          UNIVERSITY AND           96,144        98,844
                            INDUSTRY RESEARCH
                            CENTERS.
         ................     Immersive                          [1,200]
                              simulation
                              research.
         ................     Materials                          [1,500]
                              processing
                              research.
         ................
         ................  SUBTOTAL, BASIC         377,260       387,460
                            RESEARCH, ARMY.
         ................
         ................  APPLIED RESEARCH
   005   0602105A          MATERIALS                27,206        47,206
                            TECHNOLOGY.
         ................     Advanced                           [3,000]
                              renewable jet
                              fuels.
         ................     Applied                            [3,000]
                              composite
                              materials
                              research.
         ................     High strength                      [2,000]
                              fibers for
                              ballistic armor
                              applications.
         ................     Moldable fabric                    [2,000]
                              armor.
         ................     Smart materials                    [1,000]
                              and structures.
         ................     Dual Stage                         [3,000]
                              Variable Energy
                              Absorber.
         ................     Next Generation                    [2,000]
                              High Strength
                              Glass Fibers
                              for Ballistic
                              Armor
                              Applications.
         ................     Ultra                              [1,000]
                              Lightweight
                              Metallic Armor.
         ................     Nanomanufacturi                    [3,000]
                              ng of
                              Multifunctional
                              Sensors.
   006   0602120A          SENSORS AND              50,641        53,141
                            ELECTRONIC
                            SURVIVABILITY.
         ................     Nanoelectronic                     [2,500]
                              memory, sensor
                              and energy
                              devices.
   007   0602122A          TRACTOR HIP.......       14,324        14,324
   008   0602211A          AVIATION                 41,332        41,332
                            TECHNOLOGY.
   009   0602270A          ELECTRONIC WARFARE       16,119        16,119
                            TECHNOLOGY.
   010   0602303A          MISSILE TECHNOLOGY       50,716        50,716
   011   0602307A          ADVANCED WEAPONS         19,678        19,678
                            TECHNOLOGY.
   012   0602308A          ADVANCED CONCEPTS        17,473        19,473
                            AND SIMULATION.
         ................     Cognitive                          [2,000]
                              modeling and
                              simulation
                              research.
   013   0602601A          COMBAT VEHICLE AND       55,937        74,437
                            AUTOMOTIVE
                            TECHNOLOGY.
         ................     Advanced                           [3,500]
                              composite
                              materials
                              research.
         ................     Composite                          [2,000]
                              vehicle
                              shelters.
         ................     Tactical metal                     [1,000]
                              fabrication
                              program.
         ................     Tribology                          [2,000]
                              research.
         ................     Vehicle systems                   [10,000]
                              engineering and
                              integration
                              activities.
   014   0602618A          BALLISTICS               61,843        65,843
                            TECHNOLOGY.
         ................     Electromagnetic                   [-2,000]
                              gun.
         ................     Reactive armor                     [3,000]
                              research.
         ................     Beneficial                         [1,000]
                              Infrastructure
                              for Rotorcraft
                              Risk Reduction.
         ................     Lethality                          [2,000]
                              research.
   015   0602622A          CHEMICAL, SMOKE           5,293         5,293
                            AND EQUIPMENT
                            DEFEATING
                            TECHNOLOGY.
   016   0602623A          JOINT SERVICE             7,674         7,674
                            SMALL ARMS
                            PROGRAM.
   017   0602624A          WEAPONS AND              41,085        59,085
                            MUNITIONS
                            TECHNOLOGY.
         ................     Acoustic gun                       [2,000]
                              detection
                              systems.
         ................     Acoustic                           [3,000]
                              research.
         ................     UGV                                [2,500]
                              weaponization.
         ................     Highly                             [2,500]
                              Integrated
                              Production for
                              Expediting
                              RESET.
         ................     Hybrid                             [3,000]
                              Projectile
                              Program.

[[Page 123 STAT. 2758]]

 
         ................     Specialized                        [4,000]
                              Compact
                              Automated
                              Mechanical
                              Clearance
                              Platform.
         ................     Defense Support                    [1,000]
                              for Civil
                              Authorities
                              (DSCA) for Key
                              Resource
                              Protection--Sou
                              th Central, PA.
   018   0602705A          ELECTRONICS AND          61,404        67,104
                            ELECTRONIC
                            DEVICES.
         ................     Hybrid portable                    [3,200]
                              power program.
         ................     Novel Zinc Air                     [2,500]
                              Power Sources
                              for Military.
   019   0602709A          NIGHT VISION             26,893        26,893
                            TECHNOLOGY.
   020   0602712A          COUNTERMINE              18,945        18,945
                            SYSTEMS.
   021   0602716A          HUMAN FACTORS            18,605        33,605
                            ENGINEERING
                            TECHNOLOGY.
         ................     LWI Training-                     [15,000]
                              Based
                              Collaborative
                              Research.
   022   0602720A          ENVIRONMENTAL            15,902        20,402
                            QUALITY
                            TECHNOLOGY.
         ................     Cluster Bomb                       [1,000]
                              Unit & Combined
                              Effects
                              Munitions Demil
                              System.
         ................     SUNY Cobleskill                    [2,500]
                              Biowaste-to-
                              Bioenergy
                              Center.
         ................     Renewable                          [1,000]
                              Energy Testing
                              Center.
   023   0602782A          COMMAND, CONTROL,        24,833        24,833
                            COMMUNICATIONS
                            TECHNOLOGY.
   024   0602783A          COMPUTER AND              5,639         5,639
                            SOFTWARE
                            TECHNOLOGY.
   025   0602784A          MILITARY                 54,818        59,818
                            ENGINEERING
                            TECHNOLOGY.
         ................     Cellulose                          [2,000]
                              Nanocomposite
                              Panels for
                              Ballistic
                              Protection.
         ................     Geosciences                        [3,000]
                              Atmospheric
                              Research.
   026   0602785A          MANPOWER/PERSONNEL/      18,701        18,701
                            TRAINING
                            TECHNOLOGY.
   027   0602786A          WARFIGHTER               27,109        29,609
                            TECHNOLOGY.
         ................     Thermal                            [2,500]
                              resistant fiber
                              research.
   028   0602787A          MEDICAL TECHNOLOGY       99,027       134,527
         ................     Biomechanics                       [3,500]
                              research.
         ................     Blast wave                         [3,000]
                              modeling.
         ................     Hemorrhage                         [3,000]
                              research.
         ................     Malaria vaccine                    [2,500]
                              development.
         ................     Neurotrauma                        [3,500]
                              research.
         ................     Secondary                          [2,500]
                              trauma research.
         ................     Advanced                           [2,500]
                              Functional
                              Nanomaterials
                              for Biological
                              Processes.
         ................     Improving                          [4,000]
                              Soldier
                              Recovery from
                              Catastrophic
                              Bone Injuries.
         ................     Advanced Bio-                      [3,000]
                              Engineering for
                              Enhancement of
                              Soldier
                              Survivability.
         ................     Self-Powered                       [2,000]
                              Prosthetic Limb
                              Technology.
         ................     Human Organ and                    [2,000]
                              Tissue
                              Preservation
                              Technology.
         ................     Optical Neural                     [4,000]
                              Techniques for
                              Combat and Post
                              Trauma Care.
         ................
         ................  SUBTOTAL, APPLIED       781,197       914,397
                            RESEARCH, ARMY.
         ................
         ................  ADVANCED
                            TECHNOLOGY
                            DEVELOPMENT
   029   0603001A          WARFIGHTER               37,574        45,874
                            ADVANCED
                            TECHNOLOGY.
         ................     High Pressure                      [4,300]
                              Pasteurization
                              & Pressure
                              Assisted
                              Thermal
                              Sterilization.
         ................     Next Generation                    [2,500]
                              Precision
                              Airdrop System.
         ................     Onyx System                        [1,500]
                              Precision
                              Guided
                              Airdropped
                              Equipment.
   030   0603002A          MEDICAL ADVANCED         72,940       124,240
                            TECHNOLOGY.
         ................     Biosensor                          [2,000]
                              controller
                              systems
                              development.
         ................     Body                               [2,500]
                              temperature
                              conditioner
                              systems.
         ................     Gulf War                          [12,000]
                              illness
                              research.
         ................     Integrated                         [7,500]
                              medical
                              technology
                              program.
         ................     Lower limb                         [2,000]
                              prosthetics
                              research.
         ................     Regenerative                       [4,000]
                              medical
                              research.
         ................     Proton                             [2,000]
                              Treatment and
                              Research
                              Center--Norther
                              n Illinois.
         ................     Wounded Service                    [1,500]
                              Member
                              Bioelectrics
                              Research.
         ................     Malaria Vaccine                    [5,000]
                              Development.
         ................     Regenerative                       [3,000]
                              Medicine to
                              Address Astute
                              Hearing Loss.
         ................     Multi-Dose                         [1,000]
                              Closed Loop pH
                              Monitoring
                              System for
                              Platelets.
         ................     Carbide-Derived                    [1,000]
                              Carbon for
                              Treatment of
                              Combat Related
                              Sepsis.

[[Page 123 STAT. 2759]]

 
         ................     Clinical                           [2,000]
                              Technology
                              Integration for
                              Military Health.
         ................     Institute for                      [5,800]
                              Simulation and
                              Interprofession
                              al Studies.
   031   0603003A          AVIATION ADVANCED        60,097        80,597
                            TECHNOLOGY.
         ................     Advanced                           [5,000]
                              Affordable
                              Turbine Engine
                              Program.
         ................     Robust                             [2,000]
                              Composite
                              Structural Core
                              for Army
                              Helicopters.
         ................     UH-60                              [1,500]
                              Transmission/
                              Gearbox
                              Galvanic
                              Corrosion
                              Reduction.
         ................     Drive System                       [3,000]
                              Composite
                              Structural
                              Component Risk
                              Reduction
                              Program.
         ................    Universal                           [9,000]
                              Control--FADEC.
   032   0603004A          WEAPONS AND              66,410        61,410
                            MUNITIONS
                            ADVANCED
                            TECHNOLOGY.
         ................     Electromagnetic                  [-11,500]
                              gun.
         ................     Lethality                          [6,500]
                              research.
   033   0603005A          COMBAT VEHICLE AND       89,586       174,986
                            AUTOMOTIVE
                            ADVANCED
                            TECHNOLOGY.
         ................     Advanced APU                       [2,000]
                              development.
         ................     Advanced                          [10,000]
                              battery
                              development
                              program.
         ................     Advanced                           [3,000]
                              lithium ion
                              battery systems.
         ................     Advanced                           [2,700]
                              suspension
                              systems for
                              heavy vehicles.
         ................     Advanced                           [3,000]
                              thermal
                              management
                              systems.
         ................     Alternative                       [20,000]
                              energy research.
         ................     Hybrid engine                      [4,000]
                              development
                              program.
         ................     Hybrid truck                       [4,000]
                              development.
         ................     Smart plug-in                      [4,100]
                              hybrid electric
                              vehicle program.
         ................     Threat cue                         [2,000]
                              research.
         ................     Unmanned ground                   [12,000]
                              vehicle
                              initiative.
         ................     Vehicle                            [3,100]
                              prognostics
                              technologies.
         ................     Unmanned                           [3,000]
                              Robotic System
                              Utilizing
                              Hydrocarbon
                              Fueled Solid
                              Oxide Fuel Cell.
         ................     Advanced                           [3,000]
                              Composites for
                              Light Weight,
                              Low Cost
                              Transportation
                              Systems Using a
                              3+ Ring
                              Extruder.
         ................     Protective 3-D                     [2,000]
                              Armor Structure
                              to Safeguard
                              Military
                              Vehicles and
                              Troops.
         ................     Fire Shield....                    [2,000]
         ................     Hydraulic                          [3,500]
                              Hybrid Vehicle
                              (HHV) for the
                              Tactical
                              Wheeled Fleet.
         ................     Heavy Duty                         [2,000]
                              Hybrid Electric
                              Vehicle.
   034   0603006A          COMMAND, CONTROL,         8,667        12,467
                            COMMUNICATIONS
                            ADVANCED
                            TECHNOLOGY.
         ................     Applied                            [3,800]
                              Communications
                              and Information
                              Networking
                              (ACIN).
   035   0603007A          MANPOWER,                 7,410         7,410
                            PERSONNEL AND
                            TRAINING ADVANCED
                            TECHNOLOGY.
   036   0603008A          ELECTRONIC WARFARE       50,458        50,458
                            ADVANCED
                            TECHNOLOGY.
   037   0603009A          TRACTOR HIKE......       11,328        11,328
   038   0603015A          NEXT GENERATION          19,415        24,915
                            TRAINING &
                            SIMULATION
                            SYSTEMS.
         ................     Combat medic                       [2,000]
                              training
                              systems.
         ................     Joint Fires &                      [2,500]
                              Effects Trainer
                              System
                              enhancements.
         ................     HapMed Combat                      [1,000]
                              Medic Trainer.
   039   0603020A          TRACTOR ROSE......       14,569        14,569
   040   0603103A          EXPLOSIVES                              2,000
                            DEMILITARIZATION
                            TECHNOLOGY.
         ................     Propellant                         [2,000]
                              Conversion to
                              Fertilizer
                              Program for
                              Tooele Army
                              Depot.
   041   0603105A          MILITARY HIV              6,657         6,657
                            RESEARCH.
   042   0603125A          COMBATING                11,989        11,989
                            TERRORISM,
                            TECHNOLOGY
                            DEVELOPMENT.
   043   0603270A          ELECTRONIC WARFARE       19,192        22,692
                            TECHNOLOGY.
         ................     Laser systems                      [1,000]
                              for light
                              aircraft
                              missile defense.
         ................     Advanced Ground                    [2,500]
                              Electronic
                              Warfare &
                              Signals
                              Intelligence
                              System.
   044   0603313A          MISSILE AND ROCKET       63,951        67,251
                            ADVANCED
                            TECHNOLOGY.
         ................     Discriminatory                     [2,500]
                              imaging
                              research.
         ................     Scenario                             [800]
                              Generation for
                              Integrated Air
                              and Missile
                              Defense
                              Evaluation.
   045   0603322A          TRACTOR CAGE......       12,154        12,154

[[Page 123 STAT. 2760]]

 
   046   0603606A          LANDMINE WARFARE         30,317        30,317
                            AND BARRIER
                            ADVANCED
                            TECHNOLOGY.
   047   0603607A          JOINT SERVICE             8,996         8,996
                            SMALL ARMS
                            PROGRAM.
   048   0603710A          NIGHT VISION             40,329        52,329
                            ADVANCED
                            TECHNOLOGY.
         ................     Bradley third                      [5,000]
                              generation FLIR.
         ................     Buster/                            [1,000]
                              Blacklight UAV
                              Development.
         ................     Hyper Spectral                     [2,000]
                              Sensor for
                              Improved Force
                              Protection
                              System.
         ................     Brownout                           [3,000]
                              Situational
                              Awareness.
         ................     High Resolution                    [1,000]
                              Personal
                              Miniature
                              Thermal Viewer.
   049   0603728A          ENVIRONMENTAL            15,706        15,706
                            QUALITY
                            TECHNOLOGY
                            DEMONSTRATIONS.
   050   0603734A          MILITARY                  5,911        19,211
                            ENGINEERING
                            ADVANCED
                            TECHNOLOGY.
         ................     Permafrost                           [500]
                              tunnel.
         ................     Photovoltaic                       [2,000]
                              technology
                              development.
         ................     PacCom                             [3,000]
                              Renewable
                              Energy Security
                              System.
         ................     Field                              [4,800]
                              Deployable
                              Hologram
                              Production
                              System.
         ................     Demonstration                      [1,000]
                              of Thin Film
                              Solar Modules
                              as a Renewable
                              Energy Source.
         ................     Nanotechnology                     [2,000]
                              for Potable
                              Water and Waste
                              Treatment.
   051   0603772A          ADVANCED TACTICAL        41,561        45,061
                            COMPUTER SCIENCE
                            AND SENSOR
                            TECHNOLOGY.
         ................     Foliage                            [2,000]
                              Penetrating,
                              Reconnaissance,
                              Surveillance,
                              Tracking, and
                              Engagement
                              Radar.
         ................     Optimizing                         [1,500]
                              Natural
                              Language
                              Processing of
                              Open Source
                              Intelligence
                              (OSINT).
         ................
         ................  SUBTOTAL, ADVANCED      695,217       902,617
                            TECHNOLOGY
                            DEVELOPMENT, ARMY.
         ................
         ................  ADVANCED COMPONENT
                            DEVELOPMENT &
                            PROTOTYPES
   052   0603024A          UNIQUE ITEM
                            IDENTIFICATION
                            (UID)
   053   0603305A          ARMY MISSILE             14,683        30,183
                            DEFENSE SYSTEMS
                            INTEGRATION(NON
                            SPACE).
         ................     Biological Air                     [3,000]
                              Filtering
                              System
                              Technology.
         ................     Compact Pulsed                     [4,000]
                              Power for
                              Military
                              Applications.
         ................     Adaptive                           [3,500]
                              robotic
                              technology.
         ................     Advanced                           [3,000]
                              electronics
                              integration.
         ................     Advanced                           [2,000]
                              environmental
                              controls.
   054   0603308A          ARMY MISSILE            117,471       117,471
                            DEFENSE SYSTEMS
                            INTEGRATION
                            (SPACE).
   055   0603327A          AIR AND MISSILE         209,531       160,531
                            DEFENSE SYSTEMS
                            ENGINEERING.
         ................     Center for                         [1,000]
                              Defense Systems
                              Research.
         ................     Excessive                        [-50,000]
                              Project Cost
                              Growth--Integra
                              ted Air and
                              Missile Defense.
   056   0603460A          JOINT AIR-TO-
                            GROUND MISSILE
                            (JAGM)
   057   0603619A          LANDMINE WARFARE         17,536        17,536
                            AND BARRIER--ADV
                            DEV.
   058   0603627A          SMOKE, OBSCURANT          4,920         4,920
                            AND TARGET
                            DEFEATING SYS-ADV
                            DEV.
   059   0603639A          TANK AND MEDIUM          33,934        33,934
                            CALIBER
                            AMMUNITION.
   060   0603653A          ADVANCED TANK            90,299        90,299
                            ARMAMENT SYSTEM
                            (ATAS).
   061   0603747A          SOLDIER SUPPORT          31,752        31,752
                            AND SURVIVABILITY.
   062   0603766A          TACTICAL                 18,228        18,228
                            ELECTRONIC
                            SURVEILLANCE
                            SYSTEM--ADV DEV.
   063   0603774A          NIGHT VISION
                            SYSTEMS ADVANCED
                            DEVELOPMENT.
   064   0603779A          ENVIRONMENTAL             4,770         8,770
                            QUALITY
                            TECHNOLOGY.
         ................     Cadmium                            [1,000]
                              Emissions
                              Reduction--Lett
                              erkenny Army
                              Depot.
         ................     Vanadium                           [3,000]
                              Technology
                              Program.
   065   0603782A          WARFIGHTER              180,673       180,673
                            INFORMATION
                            NETWORK-TACTICAL.
   066   0603790A          NATO RESEARCH AND         5,048         5,048
                            DEVELOPMENT.
   067   0603801A          AVIATION--ADV DEV.        8,537         8,537
   068   0603804A          LOGISTICS AND            56,373        46,373
                            ENGINEER
                            EQUIPMENT--ADV
                            DEV.
         ................     Premature JLTV                   [-10,000]
                              program growth.
   069   0603805A          COMBAT SERVICE            9,868         9,868
                            SUPPORT CONTROL
                            SYSTEM EVALUATION
                            AND ANALYSIS.

[[Page 123 STAT. 2761]]

 
   070   0603807A          MEDICAL SYSTEMS--        31,275        31,275
                            ADV DEV.
   071   0603827A          SOLDIER SYSTEMS--        71,832        73,832
                            ADVANCED
                            DEVELOPMENT.
         ................     Acid Alkaline                      [2,000]
                              Direct Methanol
                              Fuel Cell.
   072   0603850A          INTEGRATED                1,476         1,476
                            BROADCAST SERVICE.
         ................
         ................  SUBTOTAL, ADVANCED      908,206       870,706
                            COMPONENT
                            DEVELOPMENT &
                            PROTOTYPES, ARMY.
         ................
         ................  SYSTEM DEVELOPMENT
                            & DEMONSTRATION
   073   0604201A          AIRCRAFT AVIONICS.       92,977        92,977
   074   0604220A          ARMED, DEPLOYABLE        65,515        65,515
                            HELOS.
   075   0604270A          ELECTRONIC WARFARE      248,463       248,463
                            DEVELOPMENT.
   076   0604321A          ALL SOURCE               13,107        13,107
                            ANALYSIS SYSTEM.
   077   0604328A          TRACTOR CAGE......       16,286        16,286
   078   0604601A          INFANTRY SUPPORT         74,814        78,814
                            WEAPONS.
         ................     Lightweight                        [4,000]
                              caliber .50
                              machine gun.
   079   0604604A          MEDIUM TACTICAL           5,683         5,683
                            VEHICLES.
   080   0604609A          SMOKE, OBSCURANT            978           978
                            AND TARGET
                            DEFEATING SYS-SDD.
   081   0604622A          FAMILY OF HEAVY           7,477         9,477
                            TACTICAL VEHICLES.
         ................     Heavy tactical                     [2,000]
                              vehicle
                              development.
   082   0604633A          AIR TRAFFIC               7,578         7,578
                            CONTROL.
   083   0604646A          NON-LINE OF SIGHT        88,660        88,660
                            LAUNCH SYSTEM.
   084   0604647A          NON-LINE OF SIGHT        58,216        31,216
                            CANNON.
         ................     Unjustified                      [-27,000]
                              Termination
                              Costs.
   085   0604660A          FCS MANNED GRD          368,557       184,557
                            VEHICLES & COMMON
                            GRD VEHICLE.
         ................     Unjustified                     [-184,000]
                              Termination
                              Costs.
   086   0604661A          FCS SYSTEMS OF        1,067,191     1,067,191
                            SYSTEMS ENGR &
                            PROGRAM MGMT.
   087   0604662A          FCS RECONNAISSANCE       68,701        68,701
                            (UAV) PLATFORMS.
   088   0604663A          FCS UNMANNED            125,616       125,616
                            GROUND VEHICLES.
   089   0604664A          FCS UNATTENDED           26,919        26,919
                            GROUND SENSORS.
   090   0604665A          FCS SUSTAINMENT &       749,182       749,182
                            TRAINING R&D.
   091   0604666A          SPIN OUT
                            TECHNOLOGY/
                            CAPABILITY
                            INSERTION
   092   0604710A          NIGHT VISION             55,410        55,410
                            SYSTEMS--SDD.
   093   0604713A          COMBAT FEEDING,           2,092         2,092
                            CLOTHING, AND
                            EQUIPMENT.
   094   0604715A          NON-SYSTEM               30,209        30,209
                            TRAINING DEVICES--
                            SDD.
   095   0604741A          AIR DEFENSE              28,936        28,936
                            COMMAND, CONTROL
                            AND INTELLIGENCE--
                            SDD.
   096   0604742A          CONSTRUCTIVE             33,213        33,213
                            SIMULATION
                            SYSTEMS
                            DEVELOPMENT.
   097   0604746A          AUTOMATIC TEST           15,320        15,320
                            EQUIPMENT
                            DEVELOPMENT.
   098   0604760A          DISTRIBUTIVE             15,727        15,727
                            INTERACTIVE
                            SIMULATIONS
                            (DIS)--SDD.
   099   0604778A          POSITIONING               9,446         9,446
                            SYSTEMS
                            DEVELOPMENT
                            (SPACE).
   100   0604780A          COMBINED ARMS            26,243        26,243
                            TACTICAL TRAINER
                            (CATT) CORE.
   101   0604783A          JOINT NETWORK
                            MANAGEMENT SYSTEM
   102   0604802A          WEAPONS AND              34,878        42,378
                            MUNITIONS--SDD.
         ................     Common guidance                    [7,500]
                              control module.
   103   0604804A          LOGISTICS AND            36,018        37,518
                            ENGINEER
                            EQUIPMENT--SDD.
         ................     Autonomous                         [1,500]
                              Sustainment
                              Cargo Container
                              Sea Truck.
   104   0604805A          COMMAND, CONTROL,        88,995        88,995
                            COMMUNICATIONS
                            SYSTEMS--SDD.
   105   0604807A          MEDICAL MATERIEL/        33,893        34,693
                            MEDICAL
                            BIOLOGICAL
                            DEFENSE
                            EQUIPMENT--SDD.
         ................     Plasma                               [800]
                              Sterilizer.
   106   0604808A          LANDMINE WARFARE/        82,260        60,960
                            BARRIER--SDD.
         ................    Program                           [-21,300]
                              reduction.
   107   0604814A          ARTILLERY                42,452        42,452
                            MUNITIONS.
   108   0604817A          COMBAT                   20,070        20,070
                            IDENTIFICATION.
   109   0604818A          ARMY TACTICAL            90,864        90,864
                            COMMAND & CONTROL
                            HARDWARE &
                            SOFTWARE.
   110   0604820A          RADAR DEVELOPMENT
   111   0604822A          GENERAL FUND              6,002         6,002
                            ENTERPRISE
                            BUSINESS SYSTEM
                            (GFEBS).
   112   0604823A          FIREFINDER........       20,333        20,333
   113   0604827A          SOLDIER SYSTEMS--        19,786        19,786
                            WARRIOR DEM/VAL.

[[Page 123 STAT. 2762]]

 
   114   0604854A          ARTILLERY SYSTEMS.       23,318        81,534
         ................     Accelerate                        [58,216]
                              Paladin
                              integration
                              management.
   115   0604869A          PATRIOT/MEADS           569,182       569,182
                            COMBINED
                            AGGREGATE PROGRAM
                            (CAP).
   116   0604870A          NUCLEAR ARMS              7,140         7,140
                            CONTROL
                            MONITORING SENSOR
                            NETWORK.
   117   0605013A          INFORMATION              35,309        66,109
                            TECHNOLOGY
                            DEVELOPMENT.
         ................    Transfer from                      [30,800]
                              RDDW, line 117,
                              for DIMHRS
                              execution.
   118   0605450A          JOINT AIR-TO-           127,439       127,439
                            GROUND MISSILE
                            (JAGM).
   119   0605625A          MANNED GROUND           100,000       100,000
                            VEHICLE.
         ................
         ................  SUBTOTAL, SYSTEM      4,640,455     4,512,971
                            DEVELOPMENT &
                            DEMONSTRATION,
                            ARMY.
         ................
         ................  RDT&E MANAGEMENT
                            SUPPORT
   120   0604256A          THREAT SIMULATOR         22,222        22,222
                            DEVELOPMENT.
   121   0604258A          TARGET SYSTEMS           13,615        13,615
                            DEVELOPMENT.
   122   0604759A          MAJOR T&E                51,846        51,846
                            INVESTMENT.
   123   0605103A          RAND ARROYO CENTER       16,305        18,305
         ................     Program                            [2,000]
                              Increase.
   124   0605301A          ARMY KWAJALEIN          163,514       163,514
                            ATOLL.
   125   0605326A          CONCEPTS                 23,445        23,445
                            EXPERIMENTATION
                            PROGRAM.
   126   0605502A          SMALL BUSINESS
                            INNOVATIVE
                            RESEARCH
   127   0605601A          ARMY TEST RANGES        354,693       354,693
                            AND FACILITIES.
   128   0605602A          ARMY TECHNICAL           72,911        84,111
                            TEST
                            INSTRUMENTATION
                            AND TARGETS.
         ................     Common regional                    [3,000]
                              operational
                              systems.
         ................     Data fusion                        [2,500]
                              systems.
         ................     Dugway field                       [4,500]
                              test
                              improvements.
         ................     MOTS All Sky                       [1,200]
                              Imager.
   129   0605604A          SURVIVABILITY/           45,016        45,016
                            LETHALITY
                            ANALYSIS.
   130   0605605A          DOD HIGH ENERGY           2,891         8,891
                            LASER TEST
                            FACILITY.
         ................     Program                            [6,000]
                              increase.
   131   0605606A          AIRCRAFT                  3,766         3,766
                            CERTIFICATION.
   132   0605702A          METEOROLOGICAL            8,391         8,391
                            SUPPORT TO RDT&E
                            ACTIVITIES.
   133   0605706A          MATERIEL SYSTEMS         19,969        19,969
                            ANALYSIS.
   134   0605709A          EXPLOITATION OF           5,432         5,432
                            FOREIGN ITEMS.
   135   0605712A          SUPPORT OF               77,877        77,877
                            OPERATIONAL
                            TESTING.
   136   0605716A          ARMY EVALUATION          66,309        66,309
                            CENTER.
   137   0605718A          ARMY MODELING &           5,357         5,357
                            SIM X-CMD
                            COLLABORATION &
                            INTEG.
   138   0605801A          PROGRAMWIDE              77,823        77,823
                            ACTIVITIES.
   139   0605803A          TECHNICAL                51,620        51,620
                            INFORMATION
                            ACTIVITIES.
   140   0605805A          MUNITIONS                45,053        47,053
                            STANDARDIZATION,
                            EFFECTIVENESS AND
                            SAFETY.
         ................     3D woven                           [2,000]
                              preform
                              technology for
                              Army munitions.
   141   0605857A          ENVIRONMENTAL             5,191         5,191
                            QUALITY
                            TECHNOLOGY MGMT
                            SUPPORT.
   142   0605898A          MANAGEMENT HQ--R&D       15,866        15,866
   143   0909999A          FINANCING FOR
                            CANCELLED ACCOUNT
                            ADJUSTMENTS
         ................
         ................  SUBTOTAL, RDT&E       1,149,112     1,170,312
                            MANAGEMENT
                            SUPPORT, ARMY.
         ................
         ................  OPERATIONAL
                            SYSTEMS
                            DEVELOPMENT
   144   0603778A          MLRS PRODUCT             27,693        27,693
                            IMPROVEMENT
                            PROGRAM.
   145   0603820A          WEAPONS CAPABILITY
                            MODIFICATIONS UAV
   146   0102419A          AEROSTAT JOINT          360,076       340,076
                            PROJECT OFFICE.
         ................     Program delay                    [-20,000]
                              reduction.
   147   0203726A          ADV FIELD                23,727        26,227
                            ARTILLERY
                            TACTICAL DATA
                            SYSTEM.
         ................     AFATDS Voice                       [2,500]
                              Recognition and
                              Cross Platform
                              Speech
                              Interface
                              System.
   148   0203735A          COMBAT VEHICLE          190,301       190,301
                            IMPROVEMENT
                            PROGRAMS.
   149   0203740A          MANEUVER CONTROL         21,394        21,394
                            SYSTEM.
   150   0203744A          AIRCRAFT                209,401       209,401
                            MODIFICATIONS/
                            PRODUCT
                            IMPROVEMENT
                            PROGRAMS.

[[Page 123 STAT. 2763]]

 
   151   0203752A          AIRCRAFT ENGINE             792           792
                            COMPONENT
                            IMPROVEMENT
                            PROGRAM.
   152   0203758A          DIGITIZATION......       10,692        10,692
   153   0203759A          FORCE XXI BATTLE
                            COMMAND, BRIGADE
                            AND BELOW (FBCB2)
   154   0203801A          MISSILE/AIR              39,273        39,273
                            DEFENSE PRODUCT
                            IMPROVEMENT
                            PROGRAM.
   155   0203802A          OTHER MISSILE                           5,000
                            PRODUCT
                            IMPROVEMENT
                            PROGRAMS.
         ................     Javelin Warhead                    [5,000]
                              Improvement
                              Plan.
   156   0203808A          TRACTOR CARD......       20,035        20,035
   157   0208010A          JOINT TACTICAL
                            COMMUNICATIONS
                            PROGRAM (TRI-TAC)
   158   0208053A          JOINT TACTICAL           13,258        13,258
                            GROUND SYSTEM.
   159   0208058A          JOINT HIGH SPEED          3,082         3,082
                            VESSEL (JHSV).
   160   0301359A          SPECIAL ARMY                [ ]           [ ]
                            PROGRAM.
   161   0303028A          SECURITY AND              2,144         2,144
                            INTELLIGENCE
                            ACTIVITIES.
   162   0303140A          INFORMATION              74,355        74,355
                            SYSTEMS SECURITY
                            PROGRAM.
   163   0303141A          GLOBAL COMBAT           144,733       144,733
                            SUPPORT SYSTEM.
   164   0303142A          SATCOM GROUND            40,097        40,097
                            ENVIRONMENT
                            (SPACE).
   165   0303150A          WWMCCS/GLOBAL            12,034        12,034
                            COMMAND AND
                            CONTROL SYSTEM.
   166   0303158A          JOINT COMMAND AND        20,365        20,365
                            CONTROL PROGRAM
                            (JC2).
   167   0305204A          TACTICAL UNMANNED       202,521       202,521
                            AERIAL VEHICLES.
   168   0305208A          DISTRIBUTED COMMON      188,414       190,714
                            GROUND/SURFACE
                            SYSTEMS.
         ................     Joint STARS                        [1,000]
                              Surveillance
                              and Control
                              Data Link
                              (SCDL)
                              Technology
                              Refresh.
         ................     Adaptive                           [1,300]
                              Defense High-
                              Speed IP Packet
                              Inspection
                              Engine on a
                              Chip.
   169   0305287A          BASE EXPED
                            TARGETING
                            SURVEILLANCE SYS-
                            COMBINED
   170   0307207A          AERIAL COMMON           210,035       210,035
                            SENSOR (ACS).
   171   0702239A          AVIONICS COMPONENT
                            IMPROVEMENT
                            PROGRAM
   172   0708045A          END ITEM                 68,466        71,966
                            INDUSTRIAL
                            PREPAREDNESS
                            ACTIVITIES.
         ................     Smart machine                      [2,000]
                              platform
                              initiative.
         ................     Weapon systems                     [1,500]
                              repair
                              technologies.
   999   9999999           OTHER PROGRAMS....        3,883         3,883
         ................
         ................  SUBTOTAL,             1,886,771     1,880,071
                            OPERATIONAL
                            SYSTEMS
                            DEVELOPMENT, ARMY.
         ................
         ................  TOTAL, RDT&E ARMY.   10,438,218    10,638,534
         ................
         ................  RESEARCH,
                            DEVELOPMENT, TEST
                            & EVALUATION,
                            NAVY
         ................
         ................  BASIC RESEARCH
   001   0601103N          UNIVERSITY               99,472        99,472
                            RESEARCH
                            INITIATIVES.
   002   0601152N          IN-HOUSE                 18,076        18,076
                            LABORATORY
                            INDEPENDENT
                            RESEARCH.
   003   0601153N          DEFENSE RESEARCH        413,743       416,243
                            SCIENCES.
         ................     Nanoelectronics                    [2,500]
                              ,
                              Nanometrology,
                              and Nanobiology
                              Initiative.
         ................
         ................  SUBTOTAL, BASIC         531,291       533,791
                            RESEARCH, NAVY.
         ................
         ................  APPLIED RESEARCH
   004   0602114N          POWER PROJECTION         59,787        64,787
                            APPLIED RESEARCH.
         ................     Energetics                         [3,000]
                              research.
         ................     Multifunctional                    [2,000]
                              Materials,
                              their
                              Applications
                              and Devices.
   005   0602123N          FORCE PROTECTION         91,400       124,400
                            APPLIED RESEARCH.
         ................     Alternative                       [20,000]
                              energy research.
         ................     Energy systems                     [4,000]
                              integration
                              research.
         ................     Port security                      [2,000]
                              technologies.
         ................     Design                             [2,000]
                              Optimization of
                              Composite High-
                              Speed Boats
                              Using Advanced
                              Composite and
                              Manufacturing
                              and Non-
                              destructive
                              Evaluation.

[[Page 123 STAT. 2764]]

 
         ................     Lithium Ion                        [2,500]
                              Storage
                              Advancement for
                              Aircraft
                              Applications.
         ................     Non-Traditional                    [2,500]
                              Weaving
                              Applications
                              for Aramid
                              Ballistic
                              Fibers and
                              Fabrics.
   006   0602131M          MARINE CORPS             39,308        39,308
                            LANDING FORCE
                            TECHNOLOGY.
   007   0602234N          MATERIALS,
                            ELECTRONICS AND
                            COMPUTER
                            TECHNOLOGY
   008   0602235N          COMMON PICTURE           83,163        83,163
                            APPLIED RESEARCH.
   009   0602236N          WARFIGHTER              104,169       107,169
                            SUSTAINMENT
                            APPLIED RESEARCH.
         ................     Anti-reverse                       [1,000]
                              engineering
                              technologies.
         ................     Managing and                       [2,000]
                              Extending DOD
                              Asset
                              Lifecycles
                              (MEDAL).
   010   0602271N          ELECTROMAGNETIC          64,816        64,816
                            SYSTEMS APPLIED
                            RESEARCH.
   011   0602435N          OCEAN WARFIGHTING        48,750        51,750
                            ENVIRONMENT
                            APPLIED RESEARCH.
         ................     Advanced UUV                       [1,000]
                              research.
         ................     Laser                              [2,000]
                              underwater
                              imaging and
                              communications
                              research.
   012   0602651M          JOINT NON-LETHAL          6,008         6,008
                            WEAPONS APPLIED
                            RESEARCH.
   013   0602747N          UNDERSEA WARFARE         55,694        55,694
                            APPLIED RESEARCH.
   014   0602782N          MINE AND                 40,880        42,880
                            EXPEDITIONARY
                            WARFARE APPLIED
                            RESEARCH.
         ................     Electromagnetic                    [2,000]
                              signature
                              assessment
                              system.
         ................
         ................  SUBTOTAL, APPLIED       593,975       639,975
                            RESEARCH, NAVY.
         ................
         ................  ADVANCED
                            TECHNOLOGY
                            DEVELOPMENT
   015   0603114N          POWER PROJECTION        107,969       116,369
                            ADVANCED
                            TECHNOLOGY.
         ................     Countermine                        [2,000]
                              Lidar UAV-Based
                              System (CLUBS).
         ................     Detection,                         [2,500]
                              Tracking, and
                              Identification
                              for ISRTE of
                              Mobile
                              Asymmetric
                              Targets.
         ................     Quiet Drive                        [2,000]
                              Advanced Rotary
                              Actuator.
         ................     Tactical High                      [1,900]
                              Speed Anti-
                              Radiation
                              Missile
                              Demonstration.
   016   0603123N          FORCE PROTECTION         66,035        78,035
                            ADVANCED
                            TECHNOLOGY.
         ................    Advance coatings                    [2,000]
                              for aviation
                              components.
         ................     Single                             [5,000]
                              generator
                              operations
                              lithium ion
                              battery.
         ................     High-                              [2,000]
                              Temperature
                              Radar Dome
                              Materials.
         ................     Pure Hydrogen                      [3,000]
                              Supply from
                              Logistic Fuels.
   017   0603235N          COMMON PICTURE          108,394        49,294
                            ADVANCED
                            TECHNOLOGY.
         ................     High-integrity                   [-59,100]
                              GPS.
   018   0603236N          WARFIGHTER               86,239        86,239
                            SUSTAINMENT
                            ADVANCED
                            TECHNOLOGY.
   019   0603271N          ELECTROMAGNETIC          65,827        65,827
                            SYSTEMS ADVANCED
                            TECHNOLOGY.
   020   0603640M          USMC ADVANCED           107,363       112,363
                            TECHNOLOGY
                            DEMONSTRATION
                            (ATD).
         ................     Acoustic combat                    [5,000]
                              sensors.
   021   0603651M          JOINT NON-LETHAL         10,998        10,998
                            WEAPONS
                            TECHNOLOGY
                            DEVELOPMENT.
   022   0603729N          WARFIGHTER               18,609        21,109
                            PROTECTION
                            ADVANCED
                            TECHNOLOGY.
         ................     Navy Special                       [2,500]
                              Warfare
                              Performance and
                              Injury
                              Prevention
                              Program for SBT
                              22 at Stennis
                              Space Center.
   023   0603747N          UNDERSEA WARFARE         68,037        68,037
                            ADVANCED
                            TECHNOLOGY.
   024   0603758N          NAVY WARFIGHTING         52,643        52,643
                            EXPERIMENTS AND
                            DEMONSTRATIONS.
   025   0603782N          MINE AND                 28,782        28,782
                            EXPEDITIONARY
                            WARFARE ADVANCED
                            TECHNOLOGY.
         ................
         ................  SUBTOTAL, ADVANCED      720,896       689,696
                            TECHNOLOGY
                            DEVELOPMENT, NAVY.
         ................
         ................  ADVANCED COMPONENT
                            DEVELOPMENT &
                            PROTOTYPES
   026   0603207N          AIR/OCEAN TACTICAL      116,082       117,482
                            APPLICATIONS.
         ................     Semi-                              [1,400]
                              submersible for
                              UUV sensor
                              developments.
   027   0603216N          AVIATION                  6,505         9,505
                            SURVIVABILITY.

[[Page 123 STAT. 2765]]

 
         ................     Lighter Than                       [3,000]
                              Air
                              Stratospheric
                              UAV for
                              Persistant
                              Communications
                              Relay and
                              Surveillance.
   028   0603237N          DEPLOYABLE JOINT          6,032         6,032
                            COMMAND AND
                            CONTROL.
   029   0603254N          ASW SYSTEMS              16,585        20,585
                            DEVELOPMENT.
         ................     Sonobuoy wave                      [1,000]
                              energy module.
         ................     Marine Mammal                      [3,000]
                              Awareness,
                              Alert, and
                              Response
                              Systems.
   030   0603261N          TACTICAL AIRBORNE         7,713         7,713
                            RECONNAISSANCE.
   031   0603382N          ADVANCED COMBAT           1,677         1,677
                            SYSTEMS
                            TECHNOLOGY.
   032   0603502N          SURFACE AND              76,739        76,739
                            SHALLOW WATER
                            MINE
                            COUNTERMEASURES.
   033   0603506N          SURFACE SHIP             57,538        62,038
                            TORPEDO DEFENSE.
         ................     Continuous                         [4,500]
                              Active Sonar
                              for Torpedo
                              Systems.
   034   0603512N          CARRIER SYSTEMS         173,594       173,594
                            DEVELOPMENT.
   035   0603513N          SHIPBOARD SYSTEM          1,691        18,791
                            COMPONENT
                            DEVELOPMENT.
         ................     DDG-51 hybrid                      [8,100]
                              propulsion
                              system.
         ................     Advanced Steam                     [4,000]
                              Turbine.
         ................     Next Generation                    [5,000]
                              Shipboard
                              Intergrated
                              Power: Fuel
                              Efficiency and
                              Advanced
                              Capability
                              Enhancer.
   036   0603525N          PILOT FISH........       79,194        79,194
   037   0603527N          RETRACT LARCH.....       99,757        99,757
   038   0603536N          RETRACT JUNIPER...      120,752       120,752
   039   0603542N          RADIOLOGICAL              1,372         1,372
                            CONTROL.
   040   0603553N          SURFACE ASW.......       21,995        21,995
   041   0603561N          ADVANCED SUBMARINE      551,836       553,836
                            SYSTEM
                            DEVELOPMENT.
         ................     Submarine                          [2,000]
                              Fatline Vector
                              Sensor Towed
                              Array.
   042   0603562N          SUBMARINE TACTICAL       10,172        10,172
                            WARFARE SYSTEMS.
   043   0603563N          SHIP CONCEPT             22,541        22,541
                            ADVANCED DESIGN.
   044   0603564N          SHIP PRELIMINARY         28,135        32,135
                            DESIGN &
                            FEASIBILITY
                            STUDIES.
         ................     Support for                        [4,000]
                              Naval Ship
                              Hydrodynamics
                              Test Facilities.
   045   0603570N          ADVANCED NUCLEAR        259,887       259,887
                            POWER SYSTEMS.
   046   0603573N          ADVANCED SURFACE          5,599         9,099
                            MACHINERY SYSTEMS.
         ................     High Denstiy                       [1,500]
                              Power
                              Conversion and
                              Distribution
                              Equipment.
         ................     Hybrid Electric                    [2,000]
                              Drive.
   047   0603576N          CHALK EAGLE.......      443,555       443,555
   048   0603581N          LITTORAL COMBAT         360,518       360,518
                            SHIP (LCS).
   049   0603582N          COMBAT SYSTEM            22,558        22,558
                            INTEGRATION.
   050   0603609N          CONVENTIONAL              3,458         3,458
                            MUNITIONS.
   051   0603611M          MARINE CORPS            293,466       293,466
                            ASSAULT VEHICLES.
   052   0603612M          USMC MINE
                            COUNTERMEASURES
                            SYSTEMS--ADV DEV
   053   0603635M          MARINE CORPS             73,798        61,798
                            GROUND COMBAT/
                            SUPPORT SYSTEM.
         ................     Premature JLTV                   [-12,000]
                              program growth.
   054   0603654N          JOINT SERVICE            21,054        21,054
                            EXPLOSIVE
                            ORDNANCE
                            DEVELOPMENT.
   055   0603658N          COOPERATIVE              56,586        56,586
                            ENGAGEMENT.
   056   0603713N          OCEAN ENGINEERING        17,328        17,328
                            TECHNOLOGY
                            DEVELOPMENT.
   057   0603721N          ENVIRONMENTAL            20,661        20,661
                            PROTECTION.
   058   0603724N          NAVY ENERGY               8,476        16,226
                            PROGRAM.
         ................     Molten                             [3,000]
                              carbonate fuel
                              cell
                              demonstrator.
         ................     Solar heat                         [4,750]
                              reflective film
                              development.
   059   0603725N          FACILITIES                4,002         9,602
                            IMPROVEMENT.
         ................     Wave Energy                        [2,400]
                              Powerbuoy
                              Generating
                              System.
         ................     Photovoltaic                       [1,500]
                              Rooftop
                              Systems--Navy.
         ................     Regenerative                       [1,700]
                              Fuel Cell Back-
                              Up Power.
   060   0603734N          CHALK CORAL.......       70,772        70,772
   061   0603739N          NAVY LOGISTIC             4,301         6,301
                            PRODUCTIVITY.
         ................     Highly                             [1,000]
                              integrated
                              optical
                              interconnects
                              for advanced
                              air vehicles.
         ................     RFID technology                    [1,000]
                              exploitation.
   062   0603746N          RETRACT MAPLE.....      210,237       210,237
   063   0603748N          LINK PLUMERIA.....       69,313        69,313
   064   0603751N          RETRACT ELM.......      152,151       152,151
   065   0603755N          SHIP SELF DEFENSE.        6,960         6,960
   066   0603764N          LINK EVERGREEN....      123,660       123,660
   067   0603787N          SPECIAL PROCESSES.       54,115        54,115

[[Page 123 STAT. 2766]]

 
   068   0603790N          NATO RESEARCH AND        10,194        10,194
                            DEVELOPMENT.
   069   0603795N          LAND ATTACK               1,238         1,238
                            TECHNOLOGY.
   070   0603851M          NONLETHAL WEAPONS.       46,971        46,971
   071   0603860N          JOINT PRECISION         150,304       150,304
                            APPROACH AND
                            LANDING SYSTEMS.
   072   0603879N          SINGLE INTEGRATED        52,716        52,716
                            AIR PICTURE
                            (SIAP) SYSTEM
                            ENGINEER (SE).
   073   0603889N          COUNTERDRUG RDT&E
                            PROJECTS
   074   0603925N          DIRECTED ENERGY           5,003         7,003
                            AND ELECTRIC
                            WEAPON SYSTEMS.
         ................     Joint                              [2,000]
                              Technology
                              Insertion &
                              Accelerated
                              System
                              Intergration
                              Capability for
                              Electronic
                              Warfare.
   075   0604272N          TACTICAL AIR             63,702        63,702
                            DIRECTIONAL
                            INFRARED
                            COUNTERMEASURES
                            (TADIRCM).
   076   0604450N          JOINT AIR-TO-
                            GROUND MISSILE
                            (JAGM)
   077   0604653N          JOINT COUNTER            67,843        67,843
                            RADIO CONTROLLED
                            IED ELECTRONIC
                            WARFARE (JCREW).
   078   0604659N          PRECISION STRIKE         40,926        40,926
                            WEAPONS
                            DEVELOPMENT
                            PROGRAM.
   079   0604707N          SPACE AND                42,533        42,533
                            ELECTRONIC
                            WARFARE (SEW)
                            ARCHITECTURE/
                            ENGINEERING
                            SUPPORT.
         ................
         ................  SUBTOTAL, ADVANCED    4,163,795     4,208,645
                            COMPONENT
                            DEVELOPMENT &
                            PROTOTYPES, NAVY.
         ................
         ................  SYSTEM DEVELOPMENT
                            & DEMONSTRATION
   080   0604212N          OTHER HELO               54,092        54,092
                            DEVELOPMENT.
   081   0604214N          AV-8B AIRCRAFT--         20,886        20,886
                            ENG DEV.
   082   0604215N          STANDARDS                53,540        55,540
                            DEVELOPMENT.
         ................     Measurement                        [2,000]
                              Standards
                              Research and
                              Development.
   083   0604216N          MULTI-MISSION            81,953        86,653
                            HELICOPTER
                            UPGRADE
                            DEVELOPMENT.
         ................     USN MH-60S                         [4,700]
                              "Close the
                              Lethality Gap"
                              M230 Pylon
                              Qualification.
   084   0604218N          AIR/OCEAN                 7,485         7,485
                            EQUIPMENT
                            ENGINEERING.
   085   0604221N          P-3 MODERNIZATION         3,659         3,659
                            PROGRAM.
   086   0604230N          WARFARE SUPPORT           6,307         6,307
                            SYSTEM.
   087   0604231N          TACTICAL COMMAND         86,462        86,462
                            SYSTEM.
   088   0604234N          ADVANCED HAWKEYE..      364,557       364,557
   089   0604245N          H-1 UPGRADES......       32,830        32,830
   090   0604261N          ACOUSTIC SEARCH          56,369        56,369
                            SENSORS.
   091   0604262N          V-22A.............       89,512        89,512
   092   0604264N          AIR CREW SYSTEMS         14,265        14,265
                            DEVELOPMENT.
   093   0604269N          EA-18.............       55,446        55,446
   094   0604270N          ELECTRONIC WARFARE       97,635        97,635
                            DEVELOPMENT.
   095   0604273N          VH-71A EXECUTIVE         85,240        85,240
                            HELO DEVELOPMENT.
   096   0604274N          NEXT GENERATION         127,970       127,970
                            JAMMER (NGJ).
   097   0604280N          JOINT TACTICAL          876,374       876,374
                            RADIO SYSTEM--
                            NAVY (JTRS-NAVY).
   098   0604300N          SC-21 TOTAL SHIP
                            SYSTEM
                            ENGINEERING
   099   0604307N          SURFACE COMBATANT       178,459       180,459
                            COMBAT SYSTEM
                            ENGINEERING.
         ................     Surface Ship                       [2,000]
                              Advanced
                              Capability
                              Build.
   100   0604311N          LPD-17 CLASS              5,304         5,304
                            SYSTEMS
                            INTEGRATION.
   101   0604329N          SMALL DIAMETER           43,902        43,902
                            BOMB (SDB).
   102   0604366N          STANDARD MISSILE        182,197       182,197
                            IMPROVEMENTS.
   103   0604373N          AIRBORNE MCM......       48,712        48,712
   104   0604378N          NAVAL INTEGRATED         11,727        11,727
                            FIRE CONTROL--
                            COUNTER AIR
                            SYSTEMS
                            ENGINEERING.
   105   0604501N          ADVANCED ABOVE          236,078       251,078
                            WATER SENSORS.
         ................     Mobile maritime                   [15,000]
                              sensor
                              technology
                              development.
   106   0604503N          SSN-688 AND             122,733       122,733
                            TRIDENT
                            MODERNIZATION.
   107   0604504N          AIR CONTROL.......        6,533         6,533
   108   0604512N          SHIPBOARD AVIATION       80,623        80,623
                            SYSTEMS.
   109   0604518N          COMBAT INFORMATION       13,305        13,305
                            CENTER CONVERSION.
   110   0604558N          NEW DESIGN SSN....      154,756       162,756
         ................     Common command                     [6,000]
                              & control
                              system module.

[[Page 123 STAT. 2767]]

 
         ................     Mold-in-Place                      [2,000]
                              Coating for
                              Development of
                              U.S. Submarine
                              Fleet.
   111   0604561N          SSN-21
                            DEVELOPMENTS
   112   0604562N          SUBMARINE TACTICAL       59,703        69,703
                            WARFARE SYSTEM.
         ................     Artificial                         [4,000]
                              Intelligence-
                              based combat
                              system kernel.
         ................     Submarine                          [3,000]
                              environment for
                              evaluation &
                              development.
         ................     Weapon                             [3,000]
                              acquisition &
                              firing system.
   113   0604567N          SHIP CONTRACT            89,988        92,488
                            DESIGN/LIVE FIRE
                            T&E.
         ................     Automated Fiber                    [2,500]
                              Optic
                              Manufacturing
                              Initiative for
                              Navy Ships.
   114   0604574N          NAVY TACTICAL             4,620         4,620
                            COMPUTER
                            RESOURCES.
   115   0604601N          MINE DEVELOPMENT..        2,249         2,249
   116   0604610N          LIGHTWEIGHT              21,105        21,105
                            TORPEDO
                            DEVELOPMENT.
   117   0604654N          JOINT SERVICE            10,327        10,327
                            EXPLOSIVE
                            ORDNANCE
                            DEVELOPMENT.
   118   0604703N          PERSONNEL,                5,898         5,898
                            TRAINING,
                            SIMULATION, AND
                            HUMAN FACTORS.
   119   0604727N          JOINT STANDOFF           10,022        10,022
                            WEAPON SYSTEMS.
   120   0604755N          SHIP SELF DEFENSE        35,459        38,459
                            (DETECT &
                            CONTROL).
         ................     AUSV...........                    [3,000]
   121   0604756N          SHIP SELF DEFENSE        34,236        46,236
                            (ENGAGE: HARD
                            KILL).
         ................     Phalanx Next                      [12,000]
                              Generation.
   122   0604757N          SHIP SELF DEFENSE        88,895        88,895
                            (ENGAGE: SOFT
                            KILL/EW).
   123   0604761N          INTELLIGENCE             14,438        14,438
                            ENGINEERING.
   124   0604771N          MEDICAL                   9,888        23,488
                            DEVELOPMENT.
         ................     Composite                          [2,000]
                              tissue
                              transplantation
                              research.
         ................     Custom body                        [2,000]
                              implant
                              development.
         ................     Multivalent                        [1,600]
                              dengue vaccine
                              program.
         ................     Orthopedic                         [3,000]
                              surgery
                              instrumentation.
         ................     U.S. Navy                          [3,000]
                              Vaccine Program.
         ................     U.S. Navy                          [2,000]
                              Pandemic
                              Influenza
                              Vaccine
                              Program:
                              Enhancement of
                              Influenza
                              Vaccine
                              Efficacy.
   125   0604777N          NAVIGATION/ID            63,184        63,184
                            SYSTEM.
   126   0604784N          DISTRIBUTED
                            SURVEILLANCE
                            SYSTEM
   127   0604800N          JOINT STRIKE          1,741,296     1,956,296
                            FIGHTER (JSF).
         ................     F136                             [215,000]
                              Development.
   128   0605013M          INFORMATION               9,868         9,868
                            TECHNOLOGY
                            DEVELOPMENT.
   129   0605013N          INFORMATION              69,026        77,126
                            TECHNOLOGY
                            DEVELOPMENT.
         ................     Information                        [4,000]
                              systems
                              research.
         ................     Integrated                         [2,600]
                              network-centric
                              technology
                              systems.
         ................     Maintenance                        [1,500]
                              Planning and
                              Assessment
                              Technology
                              (MPAT)
                              Insertion.
   130   0605212N          CH-53K RDTE.......      554,827       554,827
   131   0605430N          C/KC-130 AVIONICS
                            MODERNIZATION
                            PROGRAM (AMP)
   132   0605450N          JOINT AIR-TO-            81,434        81,434
                            GROUND MISSILE
                            (JAGM).
   133   0605500N          MULTI-MISSION         1,162,417     1,162,417
                            MARITIME AIRCRAFT
                            (MMA).
   134   0204201N          CG(X).............      150,022       110,022
         ................     Program delay..                  [-40,000]
   135   0204202N          DDG-1000..........      539,053       539,053
   136   0304785N          TACTICAL                 19,016        19,016
                            CRYPTOLOGIC
                            SYSTEMS.
         ................
         ................  SUBTOTAL SYSTEM       7,975,882     8,231,782
                            DEVELOPMENT &
                            DEMONSTRATION,
                            NAVY.
         ................
         ................  RDT&E MANAGEMENT
                            SUPPORT
   137   0604256N          THREAT SIMULATOR         25,534        25,534
                            DEVELOPMENT.
   138   0604258N          TARGET SYSTEMS           79,603        79,603
                            DEVELOPMENT.
   139   0604759N          MAJOR T&E                44,844        49,844
                            INVESTMENT.
         ................     Aviation                           [5,000]
                              enterprise
                              interoperabilit
                              y upgrades.
   140   0605152N          STUDIES AND              11,422        11,422
                            ANALYSIS SUPPORT--
                            NAVY.
   141   0605154N          CENTER FOR NAVAL         49,821        49,821
                            ANALYSES.
   142   0605502N          SMALL BUSINESS
                            INNOVATIVE
                            RESEARCH
   143   0605804N          TECHNICAL                   735         3,235
                            INFORMATION
                            SERVICES.
         ................     Center for                         [2,500]
                              Commercializati
                              on of Advanced
                              Technology.
   144   0605853N          MANAGEMENT,              60,590        60,590
                            TECHNICAL &
                            INTERNATIONAL
                            SUPPORT.

[[Page 123 STAT. 2768]]

 
   145   0605856N          STRATEGIC                 3,633         3,633
                            TECHNICAL SUPPORT.
   146   0605861N          RDT&E SCIENCE AND        70,942        70,942
                            TECHNOLOGY
                            MANAGEMENT.
   147   0605862N          RDT&E
                            INSTRUMENTATION
                            MODERNIZATION
   148   0605863N          RDT&E SHIP AND          193,353       193,353
                            AIRCRAFT SUPPORT.
   149   0605864N          TEST AND                380,733       380,733
                            EVALUATION
                            SUPPORT.
   150   0605865N          OPERATIONAL TEST         12,010        12,010
                            AND EVALUATION
                            CAPABILITY.
   151   0605866N          NAVY SPACE AND            2,703         2,703
                            ELECTRONIC
                            WARFARE (SEW)
                            SUPPORT.
   152   0605867N          SEW SURVEILLANCE/        20,921        20,921
                            RECONNAISSANCE
                            SUPPORT.
   153   0605873M          MARINE CORPS             19,004        19,004
                            PROGRAM WIDE
                            SUPPORT.
   154   0305885N          TACTICAL                  2,464         2,464
                            CRYPTOLOGIC
                            ACTIVITIES.
   155   0804758N          SERVICE SUPPORT TO        4,197         4,197
                            JFCOM, JNTC.
   156   0909999N          FINANCING FOR
                            CANCELLED ACCOUNT
                            ADJUSTMENTS
         ................
         ................  SUBTOTAL, RDT&E         982,509       990,009
                            MANAGEMENT
                            SUPPORT, NAVY.
         ................
         ................  OPERATIONAL
                            SYSTEMS
                            DEVELOPMENT
   158   0604227N          HARPOON
                            MODIFICATIONS
   159   0604402N          UNMANNED COMBAT         311,204       311,204
                            AIR VEHICLE
                            (UCAV) ADVANCED
                            COMPONENT AND
                            PROTOTYPE
                            DEVELOPMENT.
   160   0101221N          STRATEGIC SUB &          74,939        76,109
                            WEAPONS SYSTEM
                            SUPPORT.
         ................     Advanced LINAC                     [1,170]
                              Facility.
   161   0101224N          SSBN SECURITY            34,479        34,479
                            TECHNOLOGY
                            PROGRAM.
   162   0101226N          SUBMARINE ACOUSTIC        7,211         7,211
                            WARFARE
                            DEVELOPMENT.
   163   0101402N          NAVY STRATEGIC           43,982        46,982
                            COMMUNICATIONS.
         ................     E-6B Strategic                     [3,000]
                              Communications
                              Upgrade Block
                              1A (VLF-TX &
                              HPTS).
   164   0203761N          RAPID TECHNOLOGY         39,125        39,125
                            TRANSITION (RTT).
   165   0204136N          F/A-18 SQUADRONS..      127,733       127,733
   166   0204152N          E-2 SQUADRONS.....       63,058        63,058
   167   0204163N          FLEET                    37,431        37,431
                            TELECOMMUNICATION
                            S (TACTICAL).
   168   0204229N          TOMAHAWK AND             13,238        13,238
                            TOMAHAWK MISSION
                            PLANNING CENTER
                            (TMPC).
   169   0204311N          INTEGRATED               24,835        24,835
                            SURVEILLANCE
                            SYSTEM.
   170   0204413N          AMPHIBIOUS                2,324         2,324
                            TACTICAL SUPPORT
                            UNITS
                            (DISPLACEMENT
                            CRAFT).
   171   0204571N          CONSOLIDATED             49,293        49,293
                            TRAINING SYSTEMS
                            DEVELOPMENT.
   172   0204574N          CRYPTOLOGIC DIRECT        1,609         1,609
                            SUPPORT.
   173   0204575N          ELECTRONIC WARFARE       37,524        37,524
                            (EW) READINESS
                            SUPPORT.
   174   0205601N          HARM IMPROVEMENT..       30,045        30,045
   175   0205604N          TACTICAL DATA            25,003        25,003
                            LINKS.
   176   0205620N          SURFACE ASW COMBAT       41,803        41,803
                            SYSTEM
                            INTEGRATION.
   177   0205632N          MK-48 ADCAP.......       28,438        28,438
   178   0205633N          AVIATION                135,840       123,349
                            IMPROVEMENTS.
         ................     F135 engine                      [-12,491]
                              funding ahead
                              of need.
   179   0205658N          NAVY SCIENCE              3,716         3,716
                            ASSISTANCE
                            PROGRAM.
   180   0205675N          OPERATIONAL              72,031        72,031
                            NUCLEAR POWER
                            SYSTEMS.
   181   0206313M          MARINE CORPS            287,348       287,348
                            COMMUNICATIONS
                            SYSTEMS.
   182   0206623M          MARINE CORPS            120,379       124,379
                            GROUND COMBAT/
                            SUPPORTING ARMS
                            SYSTEMS.
         ................     Expandable                         [1,000]
                              rigid wall
                              composite
                              shelters.
         ................     Marine                             [3,000]
                              personnel
                              carrier support
                              system.
   183   0206624M          MARINE CORPS             17,057        18,057
                            COMBAT SERVICES
                            SUPPORT.
         ................     High                               [1,000]
                              performance
                              capabilities
                              for military
                              vehicles.
   184   0206625M          USMC INTELLIGENCE/       30,167        30,167
                            ELECTRONIC
                            WARFARE SYSTEMS
                            (MIP).
   185   0207161N          TACTICAL AIM              2,298         2,298
                            MISSILES.
   186   0207163N          ADVANCED MEDIUM           3,604         3,604
                            RANGE AIR-TO-AIR
                            MISSILE (AMRAAM).
   187   0208058N          JOINT HIGH SPEED          8,431         8,431
                            VESSEL (JHSV).
   188   0301303N          MARITIME                    [ ]           [ ]
                            INTELLIGENCE.
   189   0301323N          COLLECTION                  [ ]           [ ]
                            MANAGEMENT.
   190   0301327N          TECHNICAL                   [ ]           [ ]
                            RECONNAISSANCE
                            AND SURVEILLANCE.
   191   0301372N          CYBER SECURITY              [ ]           [ ]
                            INITIATIVE--GDIP.

[[Page 123 STAT. 2769]]

 
   192   0303109N          SATELLITE               474,009       474,009
                            COMMUNICATIONS
                            (SPACE).
   193   0303138N          CONSOLIDATED             45,513        45,513
                            AFLOAT NETWORK
                            ENTERPRISE
                            SERVICES (CANES).
   194   0303140N          INFORMATION              24,226        24,226
                            SYSTEMS SECURITY
                            PROGRAM.
   195   0303158M          JOINT COMMAND AND         2,453         2,453
                            CONTROL PROGRAM
                            (JC2).
   196   0303158N          JOINT COMMAND AND         4,139         4,139
                            CONTROL PROGRAM
                            (JC2).
   197   0305149N          COBRA JUDY........       62,061        62,061
   198   0305160N          NAVY                     28,094        28,094
                            METEOROLOGICAL
                            AND OCEAN SENSORS-
                            SPACE (METOC).
   199   0305192N          MILITARY                  4,600         4,600
                            INTELLIGENCE
                            PROGRAM (MIP)
                            ACTIVITIES.
   200   0305204N          TACTICAL UNMANNED         8,971         8,971
                            AERIAL VEHICLES.
   201   0305205N          ENDURANCE UNMANNED
                            AERIAL VEHICLES
   202   0305206N          AIRBORNE                 46,208        46,208
                            RECONNAISSANCE
                            SYSTEMS.
   203   0305207N          MANNED                   22,599        22,599
                            RECONNAISSANCE
                            SYSTEMS.
   204   0305208N          DISTRIBUTED COMMON       18,079        18,079
                            GROUND/SURFACE
                            SYSTEMS.
   205   0305220N          RQ-4 UAV..........      465,839       465,839
   206   0305231N          MQ-8 UAV..........       25,639        25,639
   207   0305232M          RQ-11 UAV.........          553           553
   208   0305233N          RQ-7 UAV..........          986           986
   209   0305234M          SMALL (LEVEL 0)          18,763        18,763
                            TACTICAL UAS
                            (STUASL0).
   210   0305234N          SMALL (LEVEL 0)          23,594        23,594
                            TACTICAL UAS
                            (STUASL0).
   211   0307207N          AERIAL COMMON
                            SENSOR (ACS)
   212   0307217N          EP-3E REPLACEMENT        11,976        11,976
                            (EPX).
   213   0308601N          MODELING AND              8,028         8,028
                            SIMULATION
                            SUPPORT.
   214   0702207N          DEPOT MAINTENANCE        14,675        14,675
                            (NON-IF).
   215   0702239N          AVIONICS COMPONENT        2,725         2,725
                            IMPROVEMENT
                            PROGRAM.
   216   0708011N          INDUSTRIAL               56,691        66,691
                            PREPAREDNESS.
         ................     Integrated                         [5,000]
                              manufacturing
                              enterprise.
         ................     Life extension                     [2,500]
                              of weapon
                              system
                              structures
                              research.
         ................     Laser                              [2,500]
                              Optimization
                              Remote Lighting
                              Systems.
   217   0708730N          MARITIME                                4,000
                            TECHNOLOGY
                            (MARITECH).
         ................     National                           [4,000]
                              Shipbuilding
                              Research
                              Program.
   999   9999999           OTHER PROGRAMS....    1,258,018     1,258,018
         ................
         ................  SUBTOTAL,             4,302,584     4,313,263
                            OPERATIONAL
                            SYSTEMS
                            DEVELOPMENT,
                            RDT&E.
         ................
         ................  TOTAL, RDT&E NAVY.   19,270,932    19,607,161
         ................
         ................
         ................  RESEARCH,
                            DEVELOPMENT, TEST
                            & EVALUATION, AIR
                            FORCE
         ................
         ................  BASIC RESEARCH
   001   0601102F          DEFENSE RESEARCH        321,028       322,028
                            SCIENCES.
         ................     Coal                               [1,000]
                              transformation
                              research.
   002   0601103F          UNIVERSITY              132,249       138,449
                            RESEARCH
                            INITIATIVES.
         ................     Cybersecurity                      [1,700]
                              for control
                              networks
                              research.
         ................     End-user                           [2,000]
                              software
                              safeguard
                              research.
         ................     Informatics                        [1,000]
                              research.
         ................     Information                        [1,500]
                              security
                              research.
   003   0601108F          HIGH ENERGY LASER        12,834        12,834
                            RESEARCH
                            INITIATIVES.
   004   0301555F          CLASSIFIED                  [ ]           [ ]
                            PROGRAMS.
   005   0301556F          SPECIAL PROGRAM...          [ ]           [ ]
         ................
         ................  SUBTOTAL, BASIC         466,111       473,311
                            RESEARCH, AIR
                            FORCE.
         ................
         ................  APPLIED RESEARCH
   006   0602015F          MEDICAL
                            DEVELOPMENT.
   007   0602102F          MATERIALS.........      127,957       136,957
         ................     Advanced                           [3,000]
                              aerospace heat
                              exchangers.
         ................     Energy and                         [2,000]
                              automation
                              technologies.
         ................     Energy                             [1,000]
                              efficiency,
                              recovery, and
                              generation
                              systems.
         ................     Health                             [2,000]
                              monitoring
                              sensors for
                              aerospace
                              components.
         ................     Mid-infrared                       [1,000]
                              laser source
                              research.
   008   0602201F          AEROSPACE VEHICLE       127,129       136,529
                            TECHNOLOGIES.

[[Page 123 STAT. 2770]]

 
         ................     Unmanned aerial                    [2,500]
                              system
                              collaboration
                              technologies.
         ................     UAV Sensor and                     [4,900]
                              Maintenance
                              Development.
         ................     Unmanned Sense,                    [2,000]
                              Track, and
                              Avoid Radar.
   009   0602202F          HUMAN                    85,122        85,122
                            EFFECTIVENESS
                            APPLIED RESEARCH.
   010   0602203F          AEROSPACE               196,529       210,029
                            PROPULSION.
         ................     Hybrid bearing                     [1,000]
                              development.
         ................     Integrated                         [2,000]
                              electrical
                              starter/
                              generator
                              systems.
         ................     Lithium ion                        [1,500]
                              technologies
                              for aviation
                              batteries.
         ................     Thermally                          [2,000]
                              efficient
                              engine pumping
                              system.
         ................     Advanced                           [2,000]
                              Lithium Battery
                              Scale-Up and
                              Manufacturing.
         ................     Advanced                           [3,000]
                              Vehicle
                              Propulsion
                              Center (AVPC).
         ................     Multi-Mode                         [2,000]
                              Propulsion
                              Phase IIA: High
                              Performance
                              Green
                              Propellant.
   011   0602204F          AEROSPACE SENSORS.      121,768       126,568
         ................     Net-Centric                        [3,000]
                              Sensor Grids.
         ................     Information                        [1,800]
                              Quality Tools
                              for Persistent
                              Survelliance
                              Data Sets.
   012   0602601F          SPACE TECHNOLOGY..      104,148       113,248
         ................     Reconfigurable                     [1,000]
                              electronics
                              research.
         ................     Seismic                            [5,000]
                              research
                              program.
         ................     Advanced                           [3,100]
                              Modular
                              Avionics for
                              ORS Use.
   013   0602602F          CONVENTIONAL             58,289        58,289
                            MUNITIONS.
   014   0602605F          DIRECTED ENERGY         105,677       101,427
                            TECHNOLOGY.
         ................     Chemical laser                    [-4,250]
                              technology.
   015   0602702F          COMMAND CONTROL
                            AND
                            COMMUNICATIONS
   016   0602788F          DOMINANT                115,278       115,278
                            INFORMATION
                            SCIENCES AND
                            METHODS.
   017   0602890F          HIGH ENERGY LASER        52,754        48,654
                            RESEARCH.
         ................     Advanced                           [2,000]
                              deformable
                              mirrors for
                              high energy
                              laser weapons.
         ................     Chemical laser                    [-6,100]
                              technology.
         ................
         ................  SUBTOTAL, APPLIED     1,094,651     1,132,101
                            RESEARCH, AIR
                            FORCE.
         ................
         ................  ADVANCED
                            TECHNOLOGY
                            DEVELOPMENT
   018   0603112F          ADVANCED MATERIALS       37,901        54,201
                            FOR WEAPON
                            SYSTEMS.
         ................     Sewage-derived                     [4,800]
                              biofuels
                              program.
         ................     Metals                            [10,000]
                              Affordability
                              Initiative.
         ................     Rapid Automated                    [1,500]
                              Processing of
                              Advances Low
                              Observables.
   019   0603199F          SUSTAINMENT               2,955         2,955
                            SCIENCE AND
                            TECHNOLOGY (S&T).
   020   0603203F          ADVANCED AEROSPACE       51,482        53,482
                            SENSORS.
         ................     Reconfigurable                     [2,000]
                              secure
                              computing
                              technologies.
   021   0603211F          AEROSPACE                76,844        81,844
                            TECHNOLOGY DEV/
                            DEMO.
         ................     Long Loiter,                       [5,000]
                              Load Bearing
                              Antenna
                              Platform for
                              Pervasive
                              Airborne
                              Intelligence.
   022   0603216F          AEROSPACE               175,676       198,676
                            PROPULSION AND
                            POWER TECHNOLOGY.
         ................     Alternative                       [20,000]
                              energy research.
         ................     Silicon carbide                    [3,000]
                              power
                              electronics
                              research.
   023   0603231F          CREW SYSTEMS AND
                            PERSONNEL
                            PROTECTION
                            TECHNOLOGY.
   024   0603270F          ELECTRONIC COMBAT        31,021        31,021
                            TECHNOLOGY.
   025   0603401F          ADVANCED                 83,909        86,909
                            SPACECRAFT
                            TECHNOLOGY.
         ................     Small                              [3,000]
                              Responsive
                              Spacecraft at
                              Low-Cost (SRSL).
   026   0603444F          MAUI SPACE                5,813         5,813
                            SURVEILLANCE
                            SYSTEM (MSSS).
   027   0603456F          HUMAN                    24,565        24,565
                            EFFECTIVENESS
                            ADVANCED
                            TECHNOLOGY
                            DEVELOPMENT.
   028   0603601F          CONVENTIONAL             14,356        14,356
                            WEAPONS
                            TECHNOLOGY.
   029   0603605F          ADVANCED WEAPONS         30,056        30,056
                            TECHNOLOGY.
   030   0603680F          MANUFACTURING            39,913        45,163
                            TECHNOLOGY
                            PROGRAM.
         ................     Next generation                    [3,250]
                              casting
                              initiative.
         ................     Production of                      [2,000]
                              Nanocomposites
                              for Aerospace
                              Applications.
   031   0603788F          BATTLESPACE              39,708        46,208
                            KNOWLEDGE
                            DEVELOPMENT AND
                            DEMONSTRATION.
         ................     Optical                            [2,500]
                              interconnects
                              research.
         ................     Cyber Attack                       [4,000]
                              and Security
                              Environment.
   032   0603789F          C3I ADVANCED
                            DEVELOPMENT

[[Page 123 STAT. 2771]]

 
   033   0603924F          HIGH ENERGY LASER         3,831         3,831
                            ADVANCED
                            TECHNOLOGY
                            PROGRAM.
         ................
         ................  SUBTOTAL, ADVANCED      618,030       679,080
                            TECHNOLOGY
                            DEVELOPMENT, AIR
                            FORCE.
         ................
         ................  ADVANCED COMPONENT
                            DEVELOPMENT &
                            PROTOTYPES
   034   0603260F          INTELLIGENCE              5,009         5,009
                            ADVANCED
                            DEVELOPMENT.
   035   0603287F          PHYSICAL SECURITY         3,623         3,623
                            EQUIPMENT.
   036   0603421F          NAVSTAR GLOBAL
                            POSITIONING
                            SYSTEM III
   037   0603423F          GLOBAL POSITIONING
                            SYSTEM III--
                            OPERATIONAL
                            CONTROL SEGMENT
   038   0603430F          ADVANCED EHF            464,335       464,335
                            MILSATCOM (SPACE).
   039   0603432F          POLAR MILSATCOM         253,150       253,150
                            (SPACE).
   040   0603438F          SPACE CONTROL            97,701       102,701
                            TECHNOLOGY.
         ................     Space                              [5,000]
                              situational
                              awareness.
   041   0603742F          COMBAT                   27,252        27,252
                            IDENTIFICATION
                            TECHNOLOGY.
   042   0603790F          NATO RESEARCH AND         4,351         4,351
                            DEVELOPMENT.
   043   0603791F          INTERNATIONAL               632           632
                            SPACE COOPERATIVE
                            R&D.
   044   0603845F          TRANSFORMATIONAL
                            SATCOM (TSAT)
   045   0603850F          INTEGRATED               20,739        20,739
                            BROADCAST SERVICE.
   046   0603851F          INTERCONTINENTAL         66,079        66,079
                            BALLISTIC MISSILE.
   047   0603854F          WIDEBAND GLOBAL          70,956        70,956
                            SATCOM RDT&E
                            (SPACE).
   048   0603859F          POLLUTION                 2,896         2,896
                            PREVENTION.
   049   0603860F          JOINT PRECISION          23,174        23,174
                            APPROACH AND
                            LANDING SYSTEMS.
   050   0604015F          NEXT GENERATION
                            BOMBER
   051   0604283F          BATTLE MGMT COM &        22,612        22,612
                            CTRL SENSOR
                            DEVELOPMENT.
   052   0604327F          HARD AND DEEPLY          20,891        20,891
                            BURIED TARGET
                            DEFEAT SYSTEM
                            (HDBTDS) PROGRAM.
   053   0604330F          JOINT DUAL ROLE           6,882         6,882
                            AIR DOMINANCE
                            MISSILE.
   054   0604337F          REQUIREMENTS             35,533        35,533
                            ANALYSIS AND
                            MATURATION.
   055   0604635F          GROUND ATTACK            18,778        18,778
                            WEAPONS FUZE
                            DEVELOPMENT.
   056   0604796F          ALTERNATIVE FUELS.       89,020        91,020
         ................     Advanced                           [2,000]
                              Propulsion Non-
                              Tactical
                              Vehicle.
   057   0604830F          AUTOMATED AIR-TO-        43,158        43,158
                            AIR REFUELING.
   058   0604856F          COMMON AERO
                            VEHICLE (CAV)
   059   0604857F          OPERATIONALLY           112,861       112,861
                            RESPONSIVE SPACE.
   060   0604858F          TECH TRANSITION           9,611         9,611
                            PROGRAM.
   061   0305178F          NATIONAL POLAR-         396,641       396,641
                            ORBITING
                            OPERATIONAL
                            ENVIRONMENTAL
                            SATELLITE SYSTEM
                            (NPOESS).
  061a   604xxxxF          NEXT GENERATION                        50,000
                            MILSATCOM
                            TECHNOLOGY
                            DEVELOPMENT.
         ................     Next generation                   [50,000]
                              MILSATCOM
                              technology
                              development.
         ................
         ................  SUBTOTAL, ADVANCED    1,795,884     1,852,884
                            COMPONENT
                            DEVELOPMENT &
                            PROTOTYPES, AIR
                            FORCE.
         ................
         ................  SYSTEM DEVELOPMENT
                            & DEMONSTRATION
   062   0603840F          GLOBAL BROADCAST         31,124        31,124
                            SERVICE (GBS).
   063   0604222F          NUCLEAR WEAPONS          37,860        37,860
                            SUPPORT.
   064   0604226F          B-1B..............
   065   0604233F          SPECIALIZED               6,227         6,227
                            UNDERGRADUATE
                            FLIGHT TRAINING.
   066   0604240F          B-2 ADVANCED                           12,000
                            TECHNOLOGY BOMBER.
         ................     Advanced Data                     [12,000]
                              Link.
   067   0604261F          PERSONNEL RECOVERY
                            SYSTEMS
   068   0604270F          ELECTRONIC WARFARE       97,275        97,275
                            DEVELOPMENT.
   069   0604281F          TACTICAL DATA            88,444        88,444
                            NETWORKS
                            ENTERPRISE.
   070   0604287F          PHYSICAL SECURITY            50            50
                            EQUIPMENT.
   071   0604329F          SMALL DIAMETER          153,815       153,815
                            BOMB (SDB).
   072   0604421F          COUNTERSPACE             64,248        64,248
                            SYSTEMS.
   073   0604425F          SPACE SITUATION         308,134       271,434
                            AWARENESS SYSTEMS.
         ................    SBSS follow-on--                  [-36,700]
                              program delay.
   074   0604429F          AIRBORNE                 11,107        11,107
                            ELECTRONIC ATTACK.
   075   0604441F          SPACE BASED             512,642       512,642
                            INFRARED SYSTEM
                            (SBIRS) HIGH EMD.

[[Page 123 STAT. 2772]]

 
   076   0604443F          THIRD GENERATION        143,169       143,169
                            INFRARED
                            SURVEILLANCE
                            (3GIRS).
   077   0604602F          ARMAMENT/ORDNANCE        18,671        18,671
                            DEVELOPMENT.
   078   0604604F          SUBMUNITIONS......        1,784         1,784
   079   0604617F          AGILE COMBAT             11,261        12,261
                            SUPPORT.
         ................     Backpack                           [1,000]
                              Medical Oxygen
                              System.
   080   0604706F          LIFE SUPPORT             10,711        13,111
                            SYSTEMS.
         ................     ACES 5 Ejection                    [2,400]
                              Seat.
   081   0604735F          COMBAT TRAINING          29,718        29,718
                            RANGES.
   082   0604740F          INTEGRATED COMMAND           10         4,010
                            & CONTROL
                            APPLICATIONS
                            (IC2A).
         ................     Distributed                        [4,000]
                              Mission
                              Interoperabilit
                              y Toolkit
                              (DMIT).
   083   0604750F          INTELLIGENCE              1,495         1,495
                            EQUIPMENT.
   084   0604800F          JOINT STRIKE          1,858,055     2,073,055
                            FIGHTER (JSF).
         ................     F136 Engine                      [215,000]
                              Development.
   085   0604851F          INTERCONTINENTAL         60,010        60,010
                            BALLISTIC MISSILE.
   086   0604853F          EVOLVED EXPENDABLE       26,545        26,545
                            LAUNCH VEHICLE
                            PROGRAM (SPACE).
   087   0605011F          RDT&E FOR AGING
                            AIRCRAFT
   088   0605221F          NEXT GENERATION         439,615       439,615
                            AERIAL REFUELING
                            AIRCRAFT.
   089   0605277F          CSAR-X RDT&E......       89,975             0
         ................     Use available                    [-89,975]
                              prior year
                              funds.
   090   0605278F          HC/MC-130 RECAP          20,582        20,582
                            RDT&E.
   091   0605452F          JOINT SIAP               34,877        34,877
                            EXECUTIVE PROGRAM
                            OFFICE.
   092   0207434F          LINK-16 SUPPORT
                            AND SUSTAINMENT
   093   0207450F          E-10 SQUADRONS
   094   0207451F          SINGLE INTEGRATED        13,466        13,466
                            AIR PICTURE
                            (SIAP).
   095   0207701F          FULL COMBAT              99,807        99,807
                            MISSION TRAINING.
   096   0305176F          COMBAT SURVIVOR
                            EVADER LOCATOR
   097   0401138F          JOINT CARGO               9,353         9,353
                            AIRCRAFT (JCA).
   098   0401318F          CV-22.............       19,640        19,640
   099   0401845F          AIRBORNE SENIOR          20,056        20,056
                            LEADER C3 (SLC3S).
         ................
         ................  SUBTOTAL, SYSTEM      4,219,726     4,327,451
                            DEVELOPMENT &
                            DEMONSTRATION,
                            AIR FORCE.
         ................
         ................  RDT&E MANAGEMENT
                            SUPPORT
   100   0604256F          THREAT SIMULATOR         27,789        27,789
                            DEVELOPMENT.
   101   0604759F          MAJOR T&E                60,824        68,324
                            INVESTMENT.
         ................     Holloman High                      [5,000]
                              Speed Test
                              Track.
         ................     Eglin AFB Range                    [2,500]
                              Operations
                              Control Center.
   102   0605101F          RAND PROJECT AIR         27,501        27,501
                            FORCE.
   103   0605502F          SMALL BUSINESS
                            INNOVATION
                            RESEARCH
   104   0605712F          INITIAL                  25,833        25,833
                            OPERATIONAL TEST
                            & EVALUATION.
   105   0605807F          TEST AND                736,488       755,788
                            EVALUATION
                            SUPPORT.
         ................     Program                           [19,300]
                              increase.
   106   0605860F          ROCKET SYSTEMS           14,637        14,637
                            LAUNCH PROGRAM
                            (SPACE).
   107   0605864F          SPACE TEST PROGRAM       47,215        47,215
                            (STP).
   108   0605976F          FACILITIES               52,409        52,409
                            RESTORATION AND
                            MODERNIZATION--TE
                            ST AND EVALUATION
                            SUPPORT.
   109   0605978F          FACILITIES               29,683        29,683
                            SUSTAINMENT--TEST
                            AND EVALUATION
                            SUPPORT.
   110   0702806F          ACQUISITION AND          18,947        18,947
                            MANAGEMENT
                            SUPPORT.
   111   0804731F          GENERAL SKILL             1,450         1,450
                            TRAINING.
   112   0909999F          FINANCING FOR
                            CANCELLED ACCOUNT
                            ADJUSTMENTS
   113   1001004F          INTERNATIONAL             3,748         3,748
                            ACTIVITIES.
         ................
         ................  SUBTOTAL, RDT&E       1,046,524     1,073,324
                            MANAGEMENT
                            SUPPORT, AIR
                            FORCE.
         ................
         ................  OPERATIONAL
                            SYSTEMS
                            DEVELOPMENT
   114   0604263F          COMMON VERTICAL           9,513         9,513
                            LIFT SUPPORT
                            PLATFORM.
   115   0605024F          ANTI-TAMPER              47,276        47,276
                            TECHNOLOGY
                            EXECUTIVE AGENCY.
   116   0605798F          ANALYSIS SUPPORT            [ ]           [ ]
                            GROUP.
   117   0101113F          B-52 SQUADRONS....       93,930        93,930
   118   0101122F          AIR-LAUNCHED              3,652         3,652
                            CRUISE MISSILE
                            (ALCM).

[[Page 123 STAT. 2773]]

 
   119   0101126F          B-1B SQUADRONS....      148,025       177,025
         ................     Transferred                       [29,000]
                              from APAF Line
                              28.
   120   0101127F          B-2 SQUADRONS.....      415,414       415,414
   121   0101313F          STRAT WAR PLANNING       33,836        33,836
                            SYSTEM--USSTRATCO
                            M.
   122   0101314F          NIGHT FIST--              5,328         5,328
                            USSTRATCOM.
   123   0101815F          ADVANCED STRATEGIC          [ ]           [ ]
                            PROGRAMS.
   124   0102325F          ATMOSPHERIC EARLY         9,832         9,832
                            WARNING SYSTEM.
   125   0102326F          REGION/SECTOR            25,734        25,734
                            OPERATION CONTROL
                            CENTER
                            MODERNIZATION
                            PROGRAM.
   126   0102823F          STRATEGIC                    18            18
                            AEROSPACE
                            INTELLIGENCE
                            SYSTEM ACTIVITIES.
   127   0203761F          WARFIGHTER RAPID         11,996        11,996
                            ACQUISITION
                            PROCESS (WRAP)
                            RAPID TRANSITION
                            FUND.
   128   0205219F          MQ-9 UAV..........       39,245        39,245
   129   0207040F          MULTI-PLATFORM           14,747        14,747
                            ELECTRONIC
                            WARFARE EQUIPMENT.
   130   0207131F          A-10 SQUADRONS....        9,697         9,697
   131   0207133F          F-16 SQUADRONS....      141,020       141,020
   132   0207134F          F-15E SQUADRONS...      311,167       312,167
         ................     Corrosion                          [1,000]
                              Detection and
                              Visualization
                              Program.
   133   0207136F          MANNED DESTRUCTIVE       10,748        10,748
                            SUPPRESSION.
   134   0207138F          F-22A SQUADRONS...      569,345       569,345
   135   0207161F          TACTICAL AIM              5,915         5,915
                            MISSILES.
   136   0207163F          ADVANCED MEDIUM          49,971        49,971
                            RANGE AIR-TO-AIR
                            MISSILE (AMRAAM).
   137   0207170F          JOINT HELMET              2,529         2,529
                            MOUNTED CUEING
                            SYSTEM (JHMCS).
   138   0207227F          COMBAT RESCUE--           2,950         2,950
                            PARARESCUE.
   139   0207247F          AF TENCAP.........       11,643        11,643
   140   0207249F          PRECISION ATTACK          2,950         2,950
                            SYSTEMS
                            PROCUREMENT.
   141   0207253F          COMPASS CALL......       13,019        13,019
   142   0207268F          AIRCRAFT ENGINE         166,563       154,563
                            COMPONENT
                            IMPROVEMENT
                            PROGRAM.
         ................     F135 Engine--                    [-12,000]
                              Early to need.
   143   0207277F          CSAF INNOVATION           4,621         4,621
                            PROGRAM.
   144   0207325F          JOINT AIR-TO-            29,494        29,494
                            SURFACE STANDOFF
                            MISSILE (JASSM).
   145   0207410F          AIR & SPACE              99,405        99,405
                            OPERATIONS CENTER
                            (AOC).
   146   0207412F          CONTROL AND              52,508        52,508
                            REPORTING CENTER
                            (CRC).
   147   0207417F          AIRBORNE WARNING        176,040       176,040
                            AND CONTROL
                            SYSTEM (AWACS).
   148   0207418F          TACTICAL AIRBORNE
                            CONTROL SYSTEMS
   149   0207423F          ADVANCED                 63,782        63,782
                            COMMUNICATIONS
                            SYSTEMS.
   150   0207424F          EVALUATION AND              [ ]           [ ]
                            ANALYSIS PROGRAM.
   151   0207431F          COMBAT AIR                1,475         1,475
                            INTELLIGENCE
                            SYSTEM ACTIVITIES.
   152   0207438F          THEATER BATTLE           19,067        19,067
                            MANAGEMENT (TBM)
                            C4I.
   153   0207445F          FIGHTER TACTICAL         72,106        72,106
                            DATA LINK.
   154   0207446F          BOMBER TACTICAL
                            DATA LINK
   155   0207448F          C2ISR TACTICAL            1,667         1,667
                            DATA LINK.
   156   0207449F          COMMAND AND              26,792        26,792
                            CONTROL (C2)
                            CONSTELLATION.
   157   0207581F          JOINT SURVEILLANCE/     140,670       140,670
                            TARGET ATTACK
                            RADAR SYSTEM
                            (JSTARS).
   158   0207590F          SEEK EAGLE........       22,071        22,071
   159   0207601F          USAF MODELING AND        27,245        27,245
                            SIMULATION.
   160   0207605F          WARGAMING AND             7,018         7,018
                            SIMULATION
                            CENTERS.
   161   0207697F          DISTRIBUTED               6,740         6,740
                            TRAINING AND
                            EXERCISES.
   162   0208006F          MISSION PLANNING         91,995        91,995
                            SYSTEMS.
   163   0208021F          INFORMATION              12,271        12,271
                            WARFARE SUPPORT.
   164   0208161F          SPECIAL EVALUATION          [ ]           [ ]
                            SYSTEM.
   165   0301310F          NATIONAL AIR                [ ]           [ ]
                            INTELLIGENCE
                            CENTER.
         ................     Open Source                        [1,000]
                              Research
                              Centers.
   166   0301314F          COBRA BALL........          [ ]           [ ]
   167   0301315F          MISSILE AND SPACE           [ ]           [ ]
                            TECHNICAL
                            COLLECTION.
   168   0301324F          FOREST GREEN......          [ ]           [ ]
   169   0301386F          GDIP COLLECTION             [ ]           [ ]
                            MANAGEMENT.
   170   0302015F          E-4B NATIONAL            26,107        26,107
                            AIRBORNE
                            OPERATIONS CENTER
                            (NAOC).
   171   0303112F          AIR FORCE
                            COMMUNICATIONS
                            (AIRCOM)

[[Page 123 STAT. 2774]]

 
   172   0303131F          MINIMUM ESSENTIAL        72,694        72,694
                            EMERGENCY
                            COMMUNICATIONS
                            NETWORK (MEECN).
   173   0303140F          INFORMATION             196,621       196,621
                            SYSTEMS SECURITY
                            PROGRAM.
   174   0303141F          GLOBAL COMBAT             3,375         3,375
                            SUPPORT SYSTEM.
   175   0303150F          GLOBAL COMMAND AND        3,149         3,149
                            CONTROL SYSTEM.
   176   0303158F          JOINT COMMAND AND         3,087         3,087
                            CONTROL PROGRAM
                            (JC2).
   177   0303601F          MILSATCOM               257,693       257,693
                            TERMINALS.
   179   0304260F          AIRBORNE SIGINT         176,989       176,989
                            ENTERPRISE.
   180   0304311F          SELECTED                    [ ]           [ ]
                            ACTIVITIES.
   181   0304348F          ADVANCED                    [ ]           [ ]
                            GEOSPATIAL
                            INTELLIGENCE
                            (AGI).
         ................     Advanced                           [6,500]
                              Technical
                              Intelligence
                              Center.
   182   0305099F          GLOBAL AIR TRAFFIC        6,028         6,028
                            MANAGEMENT (GATM).
   183   0305103F          CYBER SECURITY            2,065         2,065
                            INITIATIVE.
   184   0305110F          SATELLITE CONTROL        20,991        20,991
                            NETWORK (SPACE).
   185   0305111F          WEATHER SERVICE...       33,531        33,531
   186   0305114F          AIR TRAFFIC               9,006         9,006
                            CONTROL,
                            APPROACH, AND
                            LANDING SYSTEM
                            (ATCALS).
   187   0305116F          AERIAL TARGETS....       54,807        54,807
   188   0305124F          SPECIAL                     [ ]           [ ]
                            APPLICATIONS
                            PROGRAM.
   189   0305127F          FOREIGN                     [ ]           [ ]
                            COUNTERINTELLIGEN
                            CE ACTIVITIES.
   190   0305128F          SECURITY AND                742           742
                            INVESTIGATIVE
                            ACTIVITIES.
   191   0305142F          APPLIED TECHNOLOGY          [ ]           [ ]
                            AND INTEGRATION.
   192   0305146F          DEFENSE JOINT                39            39
                            COUNTERINTELLIGEN
                            CE ACTIVITIES.
   194   0305164F          NAVSTAR GLOBAL          137,692       137,692
                            POSITIONING
                            SYSTEM (USER
                            EQUIPMENT)
                            (SPACE).
   195   0305165F          NAVSTAR GLOBAL           52,039        52,039
                            POSITIONING
                            SYSTEM (SPACE AND
                            CONTROL SEGMENTS).
   196   0305172F          COMBINED ADVANCED           [ ]           [ ]
                            APPLICATIONS.
   197   0305173F          SPACE AND MISSILE         3,599         3,599
                            TEST AND
                            EVALUATION CENTER.
   198   0305174F          SPACE WARFARE             3,009         3,009
                            CENTER.
   199   0305182F          SPACELIFT RANGE           9,957         9,957
                            SYSTEM (SPACE).
   200   0305193F          INTELLIGENCE              1,240         1,240
                            SUPPORT TO
                            INFORMATION
                            OPERATIONS (IO).
   201   0305202F          DRAGON U-2
   202   0305205F          ENDURANCE UNMANNED       73,736        38,736
                            AERIAL VEHICLES.
         ................     ISIS...........                  [-35,000]
   203   0305206F          AIRBORNE                143,892       145,892
                            RECONNAISSANCE
                            SYSTEMS.
         ................     GORGON STARE...
         ................     Multiple UAS                       [2,000]
                              Cooperative
                              Concentrated
                              Observation and
                              Engagement
                              Against a
                              Common Ground
                              Objective.
   204   0305207F          MANNED                   12,846        15,346
                            RECONNAISSANCE
                            SYSTEMS.
         ................     Rivet Joint                        [2,500]
                              Services
                              Oriented
                              Architecture
                              (SOA).
   205   0305208F          DISTRIBUTED COMMON       82,765        82,765
                            GROUND/SURFACE
                            SYSTEMS.
   206   0305219F          MQ-1 PREDATOR A          18,101        22,101
                            UAV.
         ................     Sense and avoid                    [4,000]
   207   0305220F          RQ-4 UAV..........      317,316       317,316
   208   0305221F          NETWORK-CENTRIC           8,160         8,160
                            COLLABORATIVE
                            TARGETING.
   209   0305265F          GPS III SPACE           815,095       717,695
                            SEGMENT.
         ................     GPS Control                      [-97,400]
                              Segment (OCX).
   210   0305614F          JSPOC MISSION           131,271       137,271
                            SYSTEM.
         ................     Karnac.........                    [6,000]
   211   0305887F          INTELLIGENCE              5,267         5,267
                            SUPPORT TO
                            INFORMATION
                            WARFARE.
   212   0305906F          NCMC--TW/AA SYSTEM
   213   0305913F          NUDET DETECTION          84,021        84,021
                            SYSTEM (SPACE).
   214   0305924F          NATIONAL SECURITY        10,634        10,634
                            SPACE OFFICE.
   215   0305940F          SPACE SITUATION          54,648        54,648
                            AWARENESS
                            OPERATIONS.
   216   0307141F          INFORMATION              30,076        30,076
                            OPERATIONS
                            TECHNOLOGY
                            INTEGRATION &
                            TOOL DEVELOPMENT.
   217   0308699F          SHARED EARLY              3,082         3,082
                            WARNING (SEW).
   218   0401115F          C-130 AIRLIFT           201,250       201,250
                            SQUADRON.
   219   0401119F          C-5 AIRLIFT              95,266        95,266
                            SQUADRONS (IF).
   220   0401130F          C-17 AIRCRAFT (IF)      161,855       161,855
   221   0401132F          C-130J PROGRAM....       30,019        30,019
   222   0401134F          LARGE AIRCRAFT IR        31,784        31,784
                            COUNTERMEASURES
                            (LAIRCM).

[[Page 123 STAT. 2775]]

 
   223   0401218F          KC-135S...........       10,297        10,297
   224   0401219F          KC-10S............       35,586        35,586
   225   0401221F          KC-135 TANKER
                            REPLACEMENT
   226   0401314F          OPERATIONAL               4,916         4,916
                            SUPPORT AIRLIFT.
   227   0401839F          AIR MOBILITY
                            TACTICAL DATA
                            LINK
   228   0408011F          SPECIAL TACTICS /         8,222         8,222
                            COMBAT CONTROL.
   229   0702207F          DEPOT MAINTENANCE         1,508         1,508
                            (NON-IF).
   230   0702976F          FACILITIES
                            RESTORATION &
                            MODERNIZATION--LO
                            GISTICS
   231   0708011F          INDUSTRIAL                              2,000
                            PREPAREDNESS.
         ................     Wire Integrity                     [2,000]
                              Technology.
   232   0708610F          LOGISTICS               246,483       246,483
                            INFORMATION
                            TECHNOLOGY
                            (LOGIT).
   233   0708611F          SUPPORT SYSTEMS           6,288         8,288
                            DEVELOPMENT.
         ................     ALC Logistics                      [2,000]
                              Integration
                              Environment.
   234   0804743F          OTHER FLIGHT                805           805
                            TRAINING.
   235   0804757F          JOINT NATIONAL            3,220         3,220
                            TRAINING CENTER.
   236   0804772F          TRAINING                  1,769         1,769
                            DEVELOPMENTS.
   237   0808716F          OTHER PERSONNEL             116           116
                            ACTIVITIES.
   238   0901202F          JOINT PERSONNEL           6,376        11,376
                            RECOVERY AGENCY.
         ................     Biometric                          [5,000]
                              signature and
                              passive
                              physiological
                              monitoring.
   239   0901212F          SERVICE-WIDE
                            SUPPORT (NOT
                            OTHERWISE
                            ACCOUNTED FOR)
   240   0901218F          CIVILIAN                  8,174         8,174
                            COMPENSATION
                            PROGRAM.
   241   0901220F          PERSONNEL                10,492        30,982
                            ADMINISTRATION.
         ................    DIMHRS--OSD                        [20,490]
                              requested
                              transfer from
                              RDDW, Line 117.
   242   0901538F          FINANCIAL                55,991        55,991
                            MANAGEMENT
                            INFORMATION
                            SYSTEMS
                            DEVELOPMENT.
   999   9999999           OTHER PROGRAMS....   11,955,084    12,137,084
         ................     Program                          [172,500]
                              Increase.
         ................    Carbon Nanotube                     [2,000]
                              Enhanced Power
                              Sources for
                              Space.
         ................
         ................  SUBTOTAL,            18,751,901    18,863,491
                            OPERATIONAL
                            SYSTEMS
                            DEVELOPMENT, AIR
                            FORCE.
         ................
         ................  TOTAL, RDT&E AIR     27,992,827    28,401,642
                            FORCE.
         ................
         ................  RESEARCH,
                            DEVELOPMENT, TEST
                            & EVALUATION,
                            DEFENSE-WIDE
         ................
         ................  BASIC RESEARCH
   001   0601000BR         DTRA BASIC               48,544        48,544
                            RESEARCH
                            INITIATIVE.
   002   0601101E          DEFENSE RESEARCH        226,125       226,125
                            SCIENCES.
   003   0601111D8Z        GOVERNMENT/
                            INDUSTRY
                            COSPONSORSHIP OF
                            UNIVERSITY
                            RESEARCH
   004   0601114D8Z        DEFENSE
                            EXPERIMENTAL
                            PROGRAM TO
                            STIMULATE
                            COMPETITIVE
                            RESEARCH.
   005   0601120D8Z        NATIONAL DEFENSE         89,980        89,980
                            EDUCATION PROGRAM.
   006   0601384BP         CHEMICAL AND             58,974        64,874
                            BIOLOGICAL
                            DEFENSE PROGRAM.
         ................     In-vitro models                    [1,900]
                              for bio-defense
                              vaccines.
         ................     Synchrotron                        [4,000]
                              Beamline and
                              Experimental
                              Station.
         ................
         ................  SUBTOTAL, BASIC         423,623       429,523
                            RESEARCH, DEFENSE-
                            WIDE.
         ................
         ................  APPLIED RESEARCH
   007   0602000D8Z        JOINT MUNITIONS          22,669        18,961
                            TECHNOLOGY.
         ................     Partial Program                   [-3,708]
                              Growth
                              Reduction.
   008   0602227D8Z        MEDICAL FREE
                            ELECTRON LASER
   009   0602228D8Z        HISTORICALLY BLACK       15,164        20,164
                            COLLEGES AND
                            UNIVERSITIES
                            (HBCU) SCIENCE.
         ................     Historically                       [5,000]
                              Black Colleges
                              and
                              Universities
                              and Minority
                              Serving
                              Institutions
                              Program.
   010   0602234D8Z        LINCOLN LABORATORY       34,034        34,034
                            RESEARCH PROGRAM.
   011   0602303E          INFORMATION &           282,749       272,749
                            COMMUNICATIONS
                            TECHNOLOGY.
         ................     Program                          [-10,000]
                              Reduction.
   012   0602304E          COGNITIVE               142,840       142,840
                            COMPUTING SYSTEMS.
   013   0602383E          BIOLOGICAL WARFARE       40,587        40,587
                            DEFENSE.
   014   0602384BP         CHEMICAL AND            209,072       212,972
                            BIOLOGICAL
                            DEFENSE PROGRAM.

[[Page 123 STAT. 2776]]

 
         ................     Chemical and                       [1,900]
                              biological
                              infrared
                              detector.
         ................     Chemical and                       [2,000]
                              Biological
                              Resistant
                              Clothing.
   015   0602663D8Z        JOINT DATA                4,940         4,940
                            MANAGEMENT
                            ADVANCED
                            DEVELOPMENT.
   016   0602670D8Z        HUMAN, SOCIAL AND         9,446         9,446
                            CULTURE BEHAVIOR
                            MODELING (HSCB)
                            APPLIED RESEARCH.
   017   0602702E          TACTICAL                276,075       266,075
                            TECHNOLOGY.
         ................     Program                          [-10,000]
                              Reduction.
   018   0602715E          MATERIALS AND           268,859       263,859
                            BIOLOGICAL
                            TECHNOLOGY.
         ................     Program                           [-5,000]
                              Reduction.
   019   0602716E          ELECTRONICS             223,841       213,841
                            TECHNOLOGY.
         ................     Program                          [-10,000]
                              Reduction.
   020   0602718BR         WEAPONS OF MASS         219,130       220,630
                            DESTRUCTION
                            DEFEAT
                            TECHNOLOGIES.
         ................     Blast                              [1,500]
                              mitigation and
                              protection.
   021   1160401BB         SPECIAL OPERATIONS       27,384        27,384
                            TECHNOLOGY
                            DEVELOPMENT.
   022   1160407BB         SOF MEDICAL
                            TECHNOLOGY
                            DEVELOPMENT
         ................
         ................  SUBTOTAL, APPLIED     1,776,790     1,748,482
                            RESEARCH, DEFENSE-
                            WIDE.
         ................
         ................  ADVANCED
                            TECHNOLOGY
                            DEVELOPMENT
   023   0603000D8Z        JOINT MUNITIONS          23,538        16,754
                            ADVANCED
                            TECHNOLOGY.
         ................     Partial Program                   [-6,784]
                              Growth
                              Reduction.
   024   0603121D8Z        SO/LIC ADVANCED          43,808        43,808
                            DEVELOPMENT.
   025   0603122D8Z        COMBATING                81,868        92,368
                            TERRORISM
                            TECHNOLOGY
                            SUPPORT.
         ................     Reconnaissance                     [3,500]
                              and data
                              exploitation
                              systems.
         ................     Affordable                         [2,000]
                              Robust Mid-
                              Sized UGV.
         ................     Integrated                         [2,500]
                              Rugged
                              Checkpoint
                              Container.
         ................     Combating                          [2,500]
                              Terrorism:
                              Threat and Risk
                              Assessment.
   026   0603160BR         COUNTERPROLIFERATI      233,203       233,203
                            ON INITIATIVES--
                            PROLIFERATION
                            PREVENTION AND
                            DEFEAT.
   027   0603175C          BALLISTIC MISSILE       109,760       104,760
                            DEFENSE
                            TECHNOLOGY.
         ................     General                           [-5,000]
                              Reduction.
   028   0603200D8Z        JOINT ADVANCED            7,817         7,817
                            CONCEPTS.
   029   0603225D8Z        JOINT DOD-DOE            23,276        23,276
                            MUNITIONS
                            TECHNOLOGY
                            DEVELOPMENT.
   030   0603286E          ADVANCED AEROSPACE      338,360       249,360
                            SYSTEMS.
         ................     Program                          [-89,000]
                              Reduction.
   031   0603287E          SPACE PROGRAMS AND      200,612       200,612
                            TECHNOLOGY.
   032   0603384BP         CHEMICAL AND            282,235       284,235
                            BIOLOGICAL
                            DEFENSE PROGRAM--
                            ADVANCED
                            DEVELOPMENT.
         ................     Total Perimeter                    [2,000]
                              Surveillance.
   033   0603618D8Z        JOINT ELECTRONIC         10,838        10,838
                            ADVANCED
                            TECHNOLOGY.
   034   0603648D8Z        JOINT CAPABILITY        198,352       177,352
                            TECHNOLOGY
                            DEMONSTRATIONS.
         ................     JCTD new starts                  [-25,000]
         ................     High Accuracy                      [2,000]
                              Network
                              Determination
                              System--Intelli
                              gent Optical
                              Networks (HANDS-
                              ION).
         ................     Distributed                        [2,000]
                              Network
                              Switching and
                              Security.
   035   0603662D8Z        NETWORKED                28,212        28,212
                            COMMUNICATIONS
                            CAPABILITIES.
   036   0603663D8Z        JOINT DATA                4,935         4,935
                            MANAGEMENT
                            RESEARCH.
   037   0603665D8Z        BIOMETRICS SCIENCE       10,993        10,993
                            AND TECHNOLOGY.
   038   0603670D8Z        HUMAN, SOCIAL AND        11,480        11,480
                            CULTURE BEHAVIOR
                            MODELING (HSCB)
                            ADVANCED
                            DEVELOPMENT.
   039   0603680D8Z        DEFENSE-WIDE             14,638        24,638
                            MANUFACTURING
                            SCIENCE AND
                            TECHNOLOGY
                            PROGRAM.
         ................     High                              [10,000]
                              performance
                              defense
                              manufacturing
                              technology.
   040   0603711D8Z        JOINT ROBOTICS            9,110        11,110
                            PROGRAM/
                            AUTONOMOUS
                            SYSTEMS.
         ................     Robotics                           [2,000]
                              training
                              systems.
   041   0603712S          GENERIC LOGISTICS        19,043        33,643
                            R&D TECHNOLOGY
                            DEMONSTRATIONS.
         ................     Biofuels                           [2,000]
                              program.
         ................     Biomass                            [1,600]
                              conversion
                              research.
         ................     Fuel cell                          [1,000]
                              manufacturing
                              research.
         ................     Vehicle fuel                       [8,000]
                              cell and
                              hydrogen
                              logistics
                              program.
         ................     Next Generation                    [2,000]
                              Manufacturing
                              Technologies
                              Initiative.
   042   0603713S          DEPLOYMENT AND           29,356        29,356
                            DISTRIBUTION
                            ENTERPRISE
                            TECHNOLOGY.

[[Page 123 STAT. 2777]]

 
   043   0603716D8Z        STRATEGIC                69,175        69,175
                            ENVIRONMENTAL
                            RESEARCH PROGRAM.
   044   0603720S          MICROELECTRONICS         26,310        30,810
                            TECHNOLOGY
                            DEVELOPMENT AND
                            SUPPORT.
         ................     Feature Size                       [2,500]
                              Yield
                              Enhancement at
                              DMEA's
                              Semiconductors
                              Foundry.
         ................     End to End Semi                    [2,000]
                              Fab Alpha Tool.
   045   0603727D8Z        JOINT WARFIGHTING        11,135        11,135
                            PROGRAM.
   046   0603739E          ADVANCED                205,912       190,912
                            ELECTRONICS
                            TECHNOLOGIES.
         ................     Program                          [-15,000]
                              Reduction.
   047   0603745D8Z        SYNTHETIC APERTURE        4,864         4,864
                            RADAR (SAR)
                            COHERENT CHANGE
                            DETECTION (CDD).
   048   0603750D8Z        ADVANCED CONCEPT
                            TECHNOLOGY
                            DEMONSTRATIONS
   049   0603755D8Z        HIGH PERFORMANCE        221,286       224,286
                            COMPUTING
                            MODERNIZATION
                            PROGRAM.
         ................     Computational                      [3,000]
                              design of novel
                              materials.
   050   0603760E          COMMAND, CONTROL        293,476       275,326
                            AND
                            COMMUNICATIONS
                            SYSTEMS.
         ................    CCC-CLS                           [-18,150]
                              execution
                              delays.
   051   0603764E          LAND WARFARE
                            TECHNOLOGY
   052   0603765E          CLASSIFIED DARPA        186,526       186,526
                            PROGRAMS.
   053   0603766E          NETWORK-CENTRIC         135,941       135,941
                            WARFARE
                            TECHNOLOGY.
   054   0603767E          SENSOR TECHNOLOGY.      243,056       218,056
         ................     Program                          [-15,000]
                              Reduction.
         ................    SEN-CLS                           [-10,000]
                              execution
                              delays.
   055   0603768E          GUIDANCE                 37,040        37,040
                            TECHNOLOGY.
   056   0603769SE         DISTRIBUTED              13,822        13,822
                            LEARNING ADVANCED
                            TECHNOLOGY
                            DEVELOPMENT.
   057   0603781D8Z        SOFTWARE                 31,298        31,298
                            ENGINEERING
                            INSTITUTE.
   058   0603805S          DUAL USE
                            TECHNOLOGY
   059   0603826D8Z        QUICK REACTION          107,984        94,484
                            SPECIAL PROJECTS.
         ................     Quick Reaction                   [-15,000]
                              Fund.
         ................     Special warfare                    [1,500]
                              domain
                              awareness.
   060   0603828D8Z        JOINT                   124,480       122,180
                            EXPERIMENTATION.
         ................     Tidewater Full                     [2,700]
                              Scale Exercise.
         ................    National Center                    [-5,000]
                              for Small Unit
                              Excellence.
   061   0603832D8Z        DOD MODELING AND         38,505        38,505
                            SIMULATION
                            MANAGEMENT OFFICE.
   062   0603941D8Z        TEST & EVALUATION        95,734        95,734
                            SCIENCE &
                            TECHNOLOGY.
   063   0603942D8Z        TECHNOLOGY                2,219         5,219
                            TRANSFER.
         ................     National Radio                     [3,000]
                              Frequency RD&T
                              Transfer Center.
   064   0909999D8Z        FINANCING FOR
                            CANCELLED ACCOUNT
                            ADJUSTMENTS
   065   1160402BB         SPECIAL OPERATIONS       31,675        36,775
                            ADVANCED
                            TECHNOLOGY
                            DEVELOPMENT.
         ................     Lithium ion                        [1,600]
                              battery safety
                              research.
         ................     Partnership for                    [3,500]
                              Defense
                              Innovation Wi-
                              Fi Laboratory
                              Testing and
                              Assessment
                              Center.
   066   1160422BB         AVIATION                  3,544         3,544
                            ENGINEERING
                            ANALYSIS.
   067   1160472BB         SOF INFORMATION           4,988         4,988
                            AND BROADCAST
                            SYSTEMS ADVANCED
                            TECHNOLOGY.
         ................
         ................  SUBTOTAL, ADVANCED    3,570,404     3,429,370
                            TECHNOLOGY
                            DEVELOPMENT,
                            DEFENSE-WIDE.
         ................
         ................  ADVANCED COMPONENT
                            DEVELOPMENT &
                            PROTOTYPES
   068   0603161D8Z        NUCLEAR AND              36,019        36,019
                            CONVENTIONAL
                            PHYSICAL SECURITY
                            EQUIPMENT RDT&E
                            ADC&P.
   069   0603228D8Z        PHYSICAL SECURITY
                            EQUIPMENT
   070   0603527D8Z        RETRACT LARCH.....       21,718        21,718
   071   0603709D8Z        JOINT ROBOTICS           11,803        13,803
                            PROGRAM.
         ................     Autonomous                         [2,000]
                              Machine Vision
                              for Mapping and
                              Investigation
                              of Remote Sites.
   072   0603714D8Z        ADVANCED SENSOR          17,771        17,771
                            APPLICATIONS
                            PROGRAM.
   073   0603851D8Z        ENVIRONMENTAL            31,613        31,613
                            SECURITY
                            TECHNICAL
                            CERTIFICATION
                            PROGRAM.

[[Page 123 STAT. 2778]]

 
   074   0603881C          BALLISTIC MISSILE       719,465       719,465
                            DEFENSE TERMINAL
                            DEFENSE SEGMENT.
   075   0603882C          BALLISTIC MISSILE       982,922     1,002,922
                            DEFENSE MIDCOURSE
                            DEFENSE SEGMENT.
         ................    GBI vendor base                    [20,000]
                              sustainment.
   076   0603883C          BALLISTIC MISSILE       186,697       186,697
                            DEFENSE BOOST
                            DEFENSE SEGMENT.
   077   0603884BP         CHEMICAL AND            205,952       207,552
                            BIOLOGICAL
                            DEFENSE PROGRAM.
         ................     Real-time non-                     [1,600]
                              specific viral
                              agent detector.
   078   0603884C          BALLISTIC MISSILE       636,856       636,856
                            DEFENSE SENSORS.
   079   0603886C          BALLISTIC MISSILE
                            DEFENSE SYSTEM
                            INTERCEPTOR
   080   0603888C          BALLISTIC MISSILE       966,752       940,752
                            DEFENSE TEST &
                            TARGETS.
         ................     Target                           [-26,000]
                              Synchronization
                              with Test
                              Schedule.
   081   0603890C          BMD ENABLING            369,145       354,145
                            PROGRAMS.
         ................     Programs                         [-15,000]
                              Reduction.
   082   0603891C          SPECIAL PROGRAMS--      301,566       286,566
                            MDA.
         ................     Program                          [-15,000]
                              Decrease due to
                              excessive
                              growth.
   083   0603892C          AEGIS BMD.........    1,690,758     1,690,758
   084   0603893C          SPACE TRACKING &        180,000       173,200
                            SURVEILLANCE
                            SYSTEM.
         ................     Demonstration                     [-6,800]
                              Satellites.
   085   0603894C          MULTIPLE KILL
                            VEHICLE
   086   0603895C          BALLISTIC MISSILE        12,549        12,549
                            DEFENSE SYSTEM
                            SPACE PROGRAMS.
   087   0603896C          BALLISTIC MISSILE       340,014       340,014
                            DEFENSE COMMAND
                            AND CONTROL,
                            BATTLE MANAGEMENT
                            AND
                            COMMUNICATIONS.
   088   0603897C          BALLISTIC MISSILE        48,186        48,186
                            DEFENSE HERCULES.
   089   0603898C          BALLISTIC MISSILE        60,921        61,421
                            DEFENSE JOINT
                            WARFIGHTER
                            SUPPORT.
         ................     Independent                          [500]
                              Advisory Group
                              to Review
                              Ballistic
                              Missile Defense
                              Training Needs.
   090   0603904C          MISSILE DEFENSE          86,949        86,949
                            INTEGRATION &
                            OPERATIONS CENTER
                            (MDIOC).
   091   0603906C          REGARDING TRENCH..        6,164         6,164
   092   0603907C          SEA BASED X-BAND        174,576       174,576
                            RADAR (SBX).
   093   0603908C          BMD EUROPEAN
                            INTERCEPTOR SITE
   094   0603909C          BMD EUROPEAN
                            MIDCOURSE RADAR
   095   0603911C          BMD EUROPEAN             50,504        50,504
                            CAPABILITY.
   096   0603912C          BMD EUROPEAN
                            COMMUNICATIONS
                            SUPPORT
   097   0603913C          ISRAELI                 119,634       144,634
                            COOPERATIVE
                            PROGRAMS.
         ................     Short-range                       [25,000]
                              ballistic
                              missile defense.
   098   0603920D8Z        HUMANITARIAN             14,687        14,687
                            DEMINING.
   099   0603923D8Z        COALITION WARFARE.       13,885        13,885
   100   0604016D8Z        DEPARTMENT OF             4,887         8,387
                            DEFENSE CORROSION
                            PROGRAM.
         ................     Corrosion                          [3,500]
                              control
                              research.
   101   0604400D8Z        DEPARTMENT OF            55,289        55,289
                            DEFENSE (DOD)
                            UNMANNED AIRCRAFT
                            SYSTEM (UAS)
                            COMMON
                            DEVELOPMENT.
   102   0604648D8Z        JOINT CAPABILITY         18,577        18,577
                            TECHNOLOGY
                            DEMONSTRATIONS.
   103   0604670D8Z        HUMAN, SOCIAL AND         7,006         7,006
                            CULTURE BEHAVIOR
                            MODELING (HSCB)
                            RESEARCH AND
                            ENGINEERING.
   104   0604787D8Z        JOINT SYSTEMS            19,744        19,744
                            INTEGRATION
                            COMMAND (JSIC).
   105   0604828D8Z        JOINT FIRES              16,972        16,972
                            INTEGRATION AND
                            INTEROPERABILITY
                            TEAM.
   106   0605017D8Z        REDUCTION OF TOTAL       24,647        24,647
                            OWNERSHIP COST.
   107   0303191D8Z        JOINT                     3,949         3,949
                            ELECTROMAGNETIC
                            TECHNOLOGY (JET)
                            PROGRAM.
         ................
         ................  SUBTOTAL, ADVANCED    7,438,177     7,427,977
                            COMPONENT
                            DEVELOPMENT &
                            PROTOTYPES,
                            DEFENSE-WIDE.
         ................
         ................  SYSTEM DEVELOPMENT
                            & DEMONSTRATION
   108   0604051D8Z        DEFENSE                  28,862        28,862
                            ACQUISITION
                            CHALLENGE PROGRAM
                            (DACP).
   109   0604161D8Z        NUCLEAR AND               7,628         7,628
                            CONVENTIONAL
                            PHYSICAL SECURITY
                            EQUIPMENT RDT&E
                            SDD.

[[Page 123 STAT. 2779]]

 
   110   0604165D8Z        PROMPT GLOBAL           166,913       166,913
                            STRIKE CAPABILITY
                            DEVELOPMENT.
   111   0604384BP         CHEMICAL AND            332,895       332,895
                            BIOLOGICAL
                            DEFENSE PROGRAM.
   112   0604709D8Z        JOINT ROBOTICS            5,127         5,127
                            PROGRAM.
   113   0604764K          ADVANCED IT              39,911        39,911
                            SERVICES JOINT
                            PROGRAM OFFICE
                            (AITS-JPO).
   114   0604771D8Z        JOINT TACTICAL           20,633        20,633
                            INFORMATION
                            DISTRIBUTION
                            SYSTEM (JTIDS).
   115   0605000BR         WEAPONS OF MASS           8,735         8,735
                            DESTRUCTION
                            DEFEAT
                            CAPABILITIES.
   116   0605013BL         INFORMATION              11,705        11,705
                            TECHNOLOGY
                            DEVELOPMENT.
   117   0605018BTA        DEFENSE INTEGRATED       70,000        18,710
                            MILITARY HUMAN
                            RESOURCES SYSTEM
                            (DIMHRS).
         ................    Transfer to RDA,                  [-30,800]
                              line 117 for
                              DIMHRS
                              execution.
         ................    Transfer to                       [-20,490]
                              RDAF, line 241
                              for DIMHRS
                              execution.
   118   0605020BTA        BUSINESS                197,008       197,008
                            TRANSFORMATION
                            AGENCY R&D
                            ACTIVITIES.
   119   0605021SE         HOMELAND PERSONNEL          395           395
                            SECURITY
                            INITIATIVE.
   120   0605027D8Z        OUSD(C) IT                5,000         5,000
                            DEVELOPMENT
                            INITIATIVES.
   121   0605140D8Z        TRUSTED FOUNDRY...       41,223        41,223
   122   0605648D8Z        DEFENSE                   4,267         4,267
                            ACQUISITION
                            EXECUTIVE (DAE)
                            PILOT PROGRAM.
   123   0303141K          GLOBAL COMBAT            18,431        18,431
                            SUPPORT SYSTEM.
   124   0303158K          JOINT COMMAND AND        49,047        49,047
                            CONTROL PROGRAM
                            (JC2).
   125   0807708D8Z        WOUNDED ILL AND           1,609         1,609
                            INJURED SENIOR
                            OVERSIGHT
                            COMMITTEE (WII-
                            SOC) STAFF OFFICE.
         ................
         ................  SUBTOTAL, SYSTEM      1,009,389       958,099
                            DEVELOPMENT &
                            DEMONSTRATION,
                            DEFENSE-WIDE.
         ................
         ................  RDT&E MANAGEMENT
                            SUPPORT
   126   0603757D8Z        TRAINING
                            TRANSFORMATION
                            (T2)
   127   0604774D8Z        DEFENSE READINESS        13,121        13,121
                            REPORTING SYSTEM
                            (DRRS).
   128   0604875D8Z        JOINT SYSTEMS            15,247        15,247
                            ARCHITECTURE
                            DEVELOPMENT.
   129   0604940D8Z        CENTRAL TEST AND        145,052       155,052
                            EVALUATION
                            INVESTMENT
                            DEVELOPMENT
                            (CTEIP).
         ................     Joint Gulf                         [3,000]
                              Range Test and
                              Training
                              Complex.
         ................     Gulf Range                         [3,000]
                              Mobile
                              Instrumentation
                              Capability.
         ................     Advanced SAM                       [4,000]
                              Hardware
                              Simulator
                              Development.
   130   0604943D8Z        THERMAL VICAR.....        9,045         9,045
   131   0605100D8Z        JOINT MISSION             9,455         9,455
                            ENVIRONMENT TEST
                            CAPABILITY
                            (JMETC).
   132   0605104D8Z        TECHNICAL STUDIES,       44,760        44,760
                            SUPPORT AND
                            ANALYSIS.
   133   0605110D8Z        USD(A&T)--CRITICAL        4,914         4,914
                            TECHNOLOGY
                            SUPPORT.
   134   0605117D8Z        FOREIGN MATERIAL         94,921        94,921
                            ACQUISITION AND
                            EXPLOITATION.
   135   0605126J          JOINT INTEGRATED         96,909        96,909
                            AIR AND MISSILE
                            DEFENSE
                            ORGANIZATION
                            (JIAMDO).
   136   0605128D8Z        CLASSIFIED PROGRAM          [ ]           [ ]
                            USD(P).
   137   0605130D8Z        FOREIGN                  35,054        35,054
                            COMPARATIVE
                            TESTING.
   138   0605161D8Z        NUCLEAR MATTERS-          6,474         6,474
                            PHYSICAL SECURITY.
   139   0605170D8Z        SUPPORT TO               14,916        14,916
                            NETWORKS AND
                            INFORMATION
                            INTEGRATION.
   140   0605200D8Z        GENERAL SUPPORT TO        5,888         5,888
                            USD
                            (INTELLIGENCE).
   141   0605384BP         CHEMICAL AND            106,477       106,477
                            BIOLOGICAL
                            DEFENSE PROGRAM.
   142   0605502BR         SMALL BUSINESS
                            INNOVATION
                            RESEARCH
   143   0605502C          SMALL BUSINESS
                            INNOVATIVE
                            RESEARCH--MDA
   144   0605502D8Z        SMALL BUSINESS
                            INNOVATIVE
                            RESEARCH
   145   0605502E          SMALL BUSINESS
                            INNOVATIVE
                            RESEARCH
   146   0605502S          SMALL BUSINESS
                            INNOVATIVE
                            RESEARCH
   147   0605790D8Z        SMALL BUSINESS            2,163         4,063
                            INNOVATION
                            RESEARCH/
                            CHALLENGE
                            ADMINISTRATION.
         ................     Anti-tamper                        [1,900]
                              software
                              systems.
   148   0605798D8Z        DEFENSE TECHNOLOGY       11,005        11,005
                            ANALYSIS.
   149   0605798S          DEFENSE TECHNOLOGY
                            ANALYSIS
   150   0605799D8Z        FORCE                    19,981        19,981
                            TRANSFORMATION
                            DIRECTORATE.
   151   0605801KA         DEFENSE TECHNICAL        54,411        49,411
                            INFORMATION
                            CENTER (DTIC).

[[Page 123 STAT. 2780]]

 
         ................     Program                           [-5,000]
                              Reduction.
   152   0605803SE         R&D IN SUPPORT OF        19,554        19,554
                            DOD ENLISTMENT,
                            TESTING AND
                            EVALUATION.
   153   0605804D8Z        DEVELOPMENT TEST         23,512        23,512
                            AND EVALUATION.
   154   0605897E          DARPA AGENCY             45,000        45,000
                            RELOCATION.
   155   0605898E          MANAGEMENT HQ--R&D       51,055        51,055
   156   0606100D8Z        BUDGET AND PROGRAM        5,929         5,929
                            ASSESSMENTS.
   157   0606301D8Z        AVIATION SAFETY           8,000         8,000
                            TECHNOLOGIES.
   158   0204571J          JOINT STAFF               1,250         1,250
                            ANALYTICAL
                            SUPPORT.
   159   0301555G          CLASSIFIED                  [ ]           [ ]
                            PROGRAMS.
   160   0301556G          SPECIAL PROGRAM...          [ ]           [ ]
   161   0303166D8Z        SUPPORT TO               30,604        30,604
                            INFORMATION
                            OPERATIONS (IO)
                            CAPABILITIES.
   162   0303169D8Z        INFORMATION               4,667         4,667
                            TECHNOLOGY RAPID
                            ACQUISITION.
   163   0305103E          CYBER SECURITY           50,000        50,000
                            INITIATIVE.
   164   0305193D8Z        INTELLIGENCE             20,648        20,648
                            SUPPORT TO
                            INFORMATION
                            OPERATIONS (IO).
   165   0305193G          INTELLIGENCE                [ ]           [ ]
                            SUPPORT TO
                            INFORMATION
                            OPERATIONS (IO).
   166   0305400D8Z        WARFIGHTING AND             829           829
                            INTELLIGENCE-
                            RELATED SUPPORT.
   167   0804767D8Z        COCOM EXERCISE           34,306        34,306
                            ENGAGEMENT AND
                            TRAINING
                            TRANSFORMATION
                            (CE2T2).
   168   0901585C          PENTAGON                 19,709        19,709
                            RESERVATION.
   169   0901598C          MANAGEMENT HQ--MDA       57,403        57,403
   170   0901598D8W        IT SOFTWARE DEV             980           980
                            INITIATIVES.
  170A   9999999           OTHER PROGRAMS....      124,705       124,705
         ................
         ................  SUBTOTAL, RDT&E       1,187,944     1,194,844
                            MANAGEMENT
                            SUPPORT, DEFENSE-
                            WIDE.
         ................
         ................  OPERATIONAL
                            SYSTEMS
                            DEVELOPMENT
   171   0604130V          DEFENSE                   1,384         1,384
                            INFORMATION
                            SYSTEM FOR
                            SECURITY (DISS).
   172   0605127T          REGIONAL                  2,001         2,001
                            INTERNATIONAL
                            OUTREACH (RIO)
                            AND PARTNERSHIP
                            FOR PEACE
                            INFORMATION MANA.
   173   0605147T          OVERSEAS                    292           292
                            HUMANITARIAN
                            ASSISTANCE SHARED
                            INFORMATION
                            SYSTEM (OHASIS).
   174   0607384BP         CHEMICAL AND              6,198         6,198
                            BIOLOGICAL
                            DEFENSE
                            (OPERATIONAL
                            SYSTEMS
                            DEVELOPMENT).
   175   0607828D8Z        JOINT INTEGRATION        46,214        46,214
                            AND
                            INTEROPERABILITY.
   176   0204571J          JOINT STAFF
                            ANALYTICAL
                            SUPPORT
   177   0208043J          CLASSIFIED                2,179         2,179
                            PROGRAMS.
   178   0208045K          C4I                      74,786        74,786
                            INTEROPERABILITY.
   180   0301144K          JOINT/ALLIED             10,767        10,767
                            COALITION
                            INFORMATION
                            SHARING.
   181   0301301L          GENERAL DEFENSE             [ ]           [ ]
                            INTELLIGENCE
                            PROGRAM.
         ................     Advanced                           [2,500]
                              Scientific
                              Missile
                              Intelligence
                              Preparation of
                              the Battlespace
                              (IPB).
         ................     Portable Device                    [1,800]
                              for Latent
                              Fingerprint
                              Identification.
   182   0301318BB         HUMINT                      [ ]           [ ]
                            (CONTROLLED).
   183   0301371G          CYBER SECURITY              [ ]           [ ]
                            INITIATIVE--CCP.
   184   0301372L          CYBER SECURITY              [ ]           [ ]
                            INITIATIVE--GDIP.
   185   0301555BZ         CLASSIFIED                  [ ]           [ ]
                            PROGRAMS.
   186   0301556BZ         SPECIAL PROGRAM...          [ ]           [ ]
   187   0302016K          NATIONAL MILITARY           548           548
                            COMMAND SYSTEM-
                            WIDE SUPPORT.
   188   0302019K          DEFENSE INFO             17,655        17,655
                            INFRASTRUCTURE
                            ENGINEERING AND
                            INTEGRATION.
   189   0303126K          LONG-HAUL                 9,406         9,406
                            COMMUNICATIONS--D
                            CS.
   190   0303131K          MINIMUM ESSENTIAL         9,830         9,830
                            EMERGENCY
                            COMMUNICATIONS
                            NETWORK (MEECN).
   191   0303135G          PUBLIC KEY                8,116         8,116
                            INFRASTRUCTURE
                            (PKI).
   192   0303136G          KEY MANAGEMENT           41,002        41,002
                            INFRASTRUCTURE
                            (KMI).
   193   0303140D8Z        INFORMATION              13,477        13,477
                            SYSTEMS SECURITY
                            PROGRAM.
   194   0303140G          INFORMATION             408,316       408,316
                            SYSTEMS SECURITY
                            PROGRAM.
   195   0303140K          INFORMATION
                            SYSTEMS SECURITY
                            PROGRAM
   196   0303148K          DISA MISSION              1,205         1,205
                            SUPPORT
                            OPERATIONS.

[[Page 123 STAT. 2781]]

 
   197   0303149J          C4I FOR THE               4,098         4,098
                            WARRIOR.
   198   0303150K          GLOBAL COMMAND AND       23,761        23,761
                            CONTROL SYSTEM.
   199   0303153K          JOINT SPECTRUM           18,944        18,944
                            CENTER.
   200   0303170K          NET-CENTRIC               1,782         1,782
                            ENTERPRISE
                            SERVICES (NCES).
   201   0303260D8Z        JOINT MILITARY              942           942
                            DECEPTION
                            INITIATIVE.
   202   0303610K          TELEPORT PROGRAM..        5,239         5,239
   203   0304210BB         SPECIAL                  16,381        16,381
                            APPLICATIONS FOR
                            CONTINGENCIES.
   204   0304345BQ         NATIONAL                    [ ]           [ ]
                            GEOSPATIAL-
                            INTELLIGENCE
                            PROGRAM (NGP).
   206   0305103D8Z        CYBER SECURITY              993           993
                            INITIATIVE.
   207   0305103G          CYBER SECURITY              [ ]           [ ]
                            INITIATIVE.
   208   0305103K          CYBER SECURITY           10,080        10,080
                            INITIATIVE.
   209   0305125D8Z        CRITICAL                 12,725        12,725
                            INFRASTRUCTURE
                            PROTECTION (CIP).
   210   0305127BZ         FOREIGN
                            COUNTERINTELLIGEN
                            CE ACTIVITIES
   211   0305127L          FOREIGN                     [ ]           [ ]
                            COUNTERINTELLIGEN
                            CE ACTIVITIES.
   212   0305146BZ         DEFENSE JOINT               [ ]           [ ]
                            COUNTERINTELLIGEN
                            CE ACTIVITIES.
   213   0305146L          DEFENSE JOINT               [ ]           [ ]
                            COUNTERINTELLIGEN
                            CE ACTIVITIES.
   214   0305183L          DEFENSE HUMAN               [ ]           [ ]
                            INTELLIGENCE
                            (HUMINT)
                            ACTIVITIES.
   215   0305186D8Z        POLICY R&D                6,948         6,948
                            PROGRAMS.
   216   0305193L          INTELLIGENCE
                            SUPPORT TO
                            INFORMATION
                            OPERATIONS (IO)
   217   0305199D8Z        NET CENTRICITY....        1,479         1,479
   218   0305202G          DRAGON U-2........          [ ]           [ ]
   219   0305206G          AIRBORNE                    [ ]           [ ]
                            RECONNAISSANCE
                            SYSTEMS.
   220   0305207G          MANNED
                            RECONNAISSANCE
                            SYSTEMS.
   221   0305208BB         DISTRIBUTED COMMON        1,407         1,407
                            GROUND/SURFACE
                            SYSTEMS.
   222   0305208BQ         DISTRIBUTED COMMON          [ ]           [ ]
                            GROUND/SURFACE
                            SYSTEMS.
   223   0305208G          DISTRIBUTED COMMON          [ ]           [ ]
                            GROUND/SURFACE
                            SYSTEMS.
   224   0305208K          DISTRIBUTED COMMON        3,158         3,158
                            GROUND/SURFACE
                            SYSTEMS.
   225   0305208L          DISTRIBUTED COMMON          [ ]           [ ]
                            GROUND/SURFACE
                            SYSTEMS.
   226   0305219BB         MQ-1 PREDATOR A           2,067         2,067
                            UAV.
   227   0305229G          REAL-TIME                   [ ]           [ ]
                            ARCHITECTURE
                            DEVELOPMENT
                            (RT10).
   228   0305387D8Z        HOMELAND DEFENSE          2,963         2,963
                            TECHNOLOGY
                            TRANSFER PROGRAM.
   229   0305600D8Z        INTERNATIONAL             1,389         1,389
                            INTELLIGENCE
                            TECHNOLOGY
                            ASSESSMENT,
                            ADVANCEMENT AND
                            INTEGRATION.
   230   0305866L          DIA SUPPORT TO
                            SOUTHCOM
                            INTELLIGENCE
                            ACTIVITIES
   231   0305880L          COMBATANT COMMAND
                            INTELLIGENCE
                            OPERATIONS
   232   0305883L          HARD AND DEEPLY             [ ]           [ ]
                            BURIED TARGET
                            (HDBT) INTEL
                            SUPPORT.
   233   0305884L          INTELLIGENCE                [ ]           [ ]
                            PLANNING AND
                            REVIEW ACTIVITIES.
         ................     Technology                         [3,000]
                              applications
                              for security
                              enhancement.
   235   0305889G          COUNTERDRUG
                            INTELLIGENCE
                            SUPPORT
   236   0307141G          INFORMATION                 [ ]           [ ]
                            OPERATIONS
                            TECHNOLOGY
                            INTEGRATION &
                            TOOL DEV.
   237   0307207G          AERIAL COMMON               [ ]           [ ]
                            SENSOR (ACS).
   238   0708011S          INDUSTRIAL               20,514        51,714
                            PREPAREDNESS.
         ................     Industrial Base                   [30,000]
                              Innovation Fund.
         ................     Northwest                          [1,200]
                              Manufacturing
                              Initiative.
   239   0708012S          LOGISTICS SUPPORT         2,798         2,798
                            ACTIVITIES.
   240   0902298J          MANAGEMENT                8,303         8,303
                            HEADQUARTERS
                            (JCS).
   241   1001018D8Z        NATO AGS..........       74,485        74,485
   242   1105219BB         MQ-9 UAV..........        4,380         4,380
   243   1130435BB         STORM
   244   1160279BB         SMALL BUSINESS
                            INNOVATIVE
                            RESEARCH/SMALL
                            BUS TECH TRANSFER
                            PILOT PROG
   245   1160403BB         SPECIAL OPERATIONS       82,621        72,621
                            AVIATION SYSTEMS
                            ADVANCED
                            DEVELOPMENT.
         ................     Avionics                         [-10,000]
                              Modernization
                              Program.
   246   1160404BB         SPECIAL OPERATIONS        6,182         1,594
                            TACTICAL SYSTEMS
                            DEVELOPMENT.
         ................     SOF Resource                      [-4,588]
                              Business
                              Information
                              System.

[[Page 123 STAT. 2782]]

 
   247   1160405BB         SPECIAL OPERATIONS       21,273        33,173
                            INTELLIGENCE
                            SYSTEMS
                            DEVELOPMENT.
         ................     Biometric                          [2,000]
                              Optical
                              Surveillance
                              System (BOSS).
         ................     Counterprolifer                    [5,000]
                              ation Analysis
                              and Planning
                              System (CAPS).
         ................    Advanced long                       [4,900]
                              endurance
                              unattended
                              ground sensor
                              technologies.
   248   1160408BB         SOF OPERATIONAL          60,310        60,310
                            ENHANCEMENTS.
   249   1160421BB         SPECIAL OPERATIONS       12,687        12,687
                            CV-22 DEVELOPMENT.
   250   1160423BB         JOINT MULTI-             43,412        43,412
                            MISSION
                            SUBMERSIBLE.
   251   1160425BB         SPECIAL OPERATIONS
                            AIRCRAFT
                            DEFENSIVE SYSTEMS
   252   1160426BB         OPERATIONS                1,321             0
                            ADVANCED SEAL
                            DELIVERY SYSTEM
                            (ASDS)
                            DEVELOPMENT.
         ................    ASDS............                   [-1,321]
   253   1160427BB         MISSION TRAINING          3,192         3,192
                            AND PREPARATION
                            SYSTEMS (MTPS).
   254   1160428BB         UNMANNED VEHICLES
                            (UV)
   255   1160429BB         MC130J SOF TANKER         5,957         5,957
                            RECAPITALIZATION.
   256   1160474BB         SOF COMMUNICATIONS          733           733
                            EQUIPMENT AND
                            ELECTRONICS
                            SYSTEMS.
   257   1160476BB         SOF TACTICAL RADIO        2,368         2,368
                            SYSTEMS.
   258   1160477BB         SOF WEAPONS               1,081         1,081
                            SYSTEMS.
   259   1160478BB         SOF SOLDIER                 597           597
                            PROTECTION AND
                            SURVIVAL SYSTEMS.
   260   1160479BB         SOF VISUAL                3,369         4,869
                            AUGMENTATION,
                            LASERS AND SENSOR
                            SYSTEMS.
         ................     Miniature Day                      [1,500]
                              Night Sight for
                              Crew Served
                              Weapons.
   261   1160480BB         SOF TACTICAL              1,973         1,973
                            VEHICLES.
   262   1160482BB         SOF ROTARY WING          18,863        18,863
                            AVIATION.
   263   1160483BB         SOF UNDERWATER            3,452         7,452
                            SYSTEMS.
         ................     Transformer                        [4,000]
                              Technology for
                              Combat
                              Submersibles
                              (TTCS).
   264   1160484BB         SOF SURFACE CRAFT.       12,250        12,250
   265   1160488BB         SOF PSYOP.........        9,887         9,887
   266   1160489BB         SOF GLOBAL VIDEO          4,944         4,944
                            SURVEILLANCE
                            ACTIVITIES.
   267   1160490BB         SOF OPERATIONAL          11,547        11,547
                            ENHANCEMENTS
                            INTELLIGENCE.
   999   9999999           OTHER PROGRAMS....    4,148,984     4,156,284
         ................
         ................  SUBTOTAL,             5,335,215     5,375,206
                            OPERATIONAL
                            SYSTEMS
                            DEVELOPMENT,
                            DEFENSE-WIDE.
         ................
         ................     DARPA execution                   -150,000
                              adjustment.
         ................
         ................  Total, RDT&E         20,741,542    20,413,501
                            Defense-Wide.
         ................
         ................
         ................  OPERATIONAL TEST &
                            EVALUATION,
                            DEFENSE
   001   0605118OTE        OPERATIONAL TEST         58,647        58,647
                            AND EVALUATION.
   002   0605131OTE        LIVE FIRE TEST AND       12,285        12,285
                            EVALUATION.
   003   0605814OTE        OPERATIONAL TEST        119,838       119,838
                            ACTIVITIES AND
                            ANALYSES.
         ................
         ................  Total, Operational      190,770       190,770
                            Test &
                            Evaluation,
                            Defense.
         ................
         ................
         ................  TOTAL RDT&E.......   78,634,289    79,251,608
------------------------------------------------------------------------

SEC. 4202. RESEARCH, DEVELOPMENT, TEST AND EVALUATION FOR OVERSEAS 
                          CONTINGENCY OPERATIONS.

------------------------------------------------------------------------
  RESEARCH, DEVELOPMENT, TEST, AND EVALUATION FOR OVERSEAS CONTINGENCY
                  OPERATIONS (In Thousands of Dollars)
-------------------------------------------------------------------------
                                                 FY 2010     Conference
  Line    Program Element         Item           Request     Authorized
------------------------------------------------------------------------
         ................  RESEARCH,
                            DEVELOPMENT, TEST
                            & EVALUATION,
                            ARMY

[[Page 123 STAT. 2783]]

 
         ................
         ................  SYSTEM DEVELOPMENT
                            & DEMONSTRATION
   075   0604270A          ELECTRONIC WARFARE       18,598        18,598
                            DEVELOPMENT.
         ................
         ................  SUBTOTAL, SYSTEM         18,598        18,598
                            DEVELOPMENT &
                            DEMONSTRATION,
                            ARMY.............
         ................
         ................  OPERATIONAL
                            SYSTEMS
                            DEVELOPMENT
   160   0301359A          SPECIAL ARMY                [ ]           [ ]
                            PROGRAM.
   161   0303028A          SECURITY AND              7,644         7,644
                            INTELLIGENCE
                            ACTIVITIES.
   162   0303140A          INFORMATION               2,220         2,220
                            SYSTEMS SECURITY
                            PROGRAM.
   167   0305204A          TACTICAL UNMANNED        29,500        29,500
                            AERIAL VEHICLES.
         ................
         ................  SUBTOTAL,                39,364        39,364
                            OPERATIONAL
                            SYSTEMS
                            DEVELOPMENT, ARMY
         ................
         ................  TOTAL, RDT&E ARMY.       57,962        57,962
         ................
         ................  ADVANCED COMPONENT
                            DEVELOPMENT &
                            PROTOTYPES
   026   0603207N          AIR/OCEAN TACTICAL
                            APPLICATIONS
   027   0603216N          AVIATION                  8,000             0
                            SURVIVABILITY.
         ................     Non-emergency                     [-8,000]
                              development
                              funding.
   041   0603561N          ADVANCED SUBMARINE        9,000             0
                            SYSTEM
                            DEVELOPMENT.
         ................     Non-emergency                     [-9,000]
                              development
                              funding.
         ................
         ................  SUBTOTAL, ADVANCED       17,000             0
                            COMPONENT
                            DEVELOPMENT &
                            PROTOTYPES, NAVY.
         ................
         ................  SYSTEM DEVELOPMENT
                            & DEMONSTRATION
         ................  OPERATIONAL
                            SYSTEMS
                            DEVELOPMENT
   188   0301303N          MARITIME                    [ ]           [ ]
                            INTELLIGENCE.
   189   0301323N          COLLECTION                  [ ]           [ ]
                            MANAGEMENT.
   190   0301327N          TECHNICAL                   [ ]           [ ]
                            RECONNAISSANCE
                            AND SURVEILLANCE.
   191   0301372N          CYBER SECURITY              [ ]           [ ]
                            INITIATIVE--GDIP.
   203   0305207N          MANNED                   51,900        51,900
                            RECONNAISSANCE
                            SYSTEMS.
   210   0305234N          SMALL (LEVEL 0)           6,000         6,000
                            TACTICAL UAS
                            (STUASL0).
   999   9999999           OTHER PROGRAMS....       32,280        32,280
         ................
         ................  SUBTOTAL,                90,180        90,180
                            OPERATIONAL
                            SYSTEMS
                            DEVELOPMENT,
                            RDT&E............
         ................
         ................  TOTAL, RDT&E NAVY.      107,180        90,180
         ................
         ................
         ................  RESEARCH,
                            DEVELOPMENT, TEST
                            & EVALUATION, AIR
                            FORCE
         ................
         ................  BASIC RESEARCH
   004   0301555F          CLASSIFIED                  [ ]           [ ]
                            PROGRAMS.
   005   0301556F          SPECIAL PROGRAM...          [ ]           [ ]
         ................
         ................  SUBTOTAL, BASIC               0             0
                            RESEARCH, AIR
                            FORCE............
         ................
         ................  OPERATIONAL
                            SYSTEMS
                            DEVELOPMENT
   116   0605798F          ANALYSIS SUPPORT            [ ]           [ ]
                            GROUP.
   123   0101815F          ADVANCED STRATEGIC          [ ]           [ ]
                            PROGRAMS.
   128   0205219F          MQ-9 UAV..........        1,400         1,400
   149   0207423F          ADVANCED                  9,375         9,375
                            COMMUNICATIONS
                            SYSTEMS.
   150   0207424F          EVALUATION AND              [ ]           [ ]
                            ANALYSIS PROGRAM.
   164   0208161F          SPECIAL EVALUATION          [ ]           [ ]
                            SYSTEM.
   165   0301310F          NATIONAL AIR                [ ]           [ ]
                            INTELLIGENCE
                            CENTER.
   166   0301314F          COBRA BALL........          [ ]           [ ]
   167   0301315F          MISSILE AND SPACE           [ ]           [ ]
                            TECHNICAL
                            COLLECTION.
   168   0301324F          FOREST GREEN......          [ ]           [ ]
   169   0301386F          GDIP COLLECTION             [ ]           [ ]
                            MANAGEMENT.

[[Page 123 STAT. 2784]]

 
   180   0304311F          SELECTED                    [ ]           [ ]
                            ACTIVITIES.
   181   0304348F          ADVANCED                    [ ]           [ ]
                            GEOSPATIAL
                            INTELLIGENCE
                            (AGI).
   188   0305124F          SPECIAL                     [ ]           [ ]
                            APPLICATIONS
                            PROGRAM.
   189   0305127F          FOREIGN                     [ ]           [ ]
                            COUNTERINTELLIGEN
                            CE ACTIVITIES.
   191   0305142F          APPLIED TECHNOLOGY          [ ]           [ ]
                            AND INTEGRATION.
   196   0305172F          COMBINED ADVANCED           [ ]           [ ]
                            APPLICATIONS.
   206   0305219F          MQ-1 PREDATOR A           1,400         1,400
                            UAV.
   999   9999999           OTHER PROGRAMS....       17,111        17,111
         ................  SUBTOTAL,                29,286        29,286
                            OPERATIONAL
                            SYSTEMS
                            DEVELOPMENT, AIR
                            FORCE............
         ................
         ................  TOTAL, RDT&E AIR         29,286        29,286
                            FORCE.
         ................
         ................
         ................  RESEARCH,
                            DEVELOPMENT, TEST
                            & EVALUATION,
                            DEFENSE-WIDE
         ................
         ................  RDT&E MANAGEMENT
                            SUPPORT
   159   0301555G          CLASSIFIED                  [ ]           [ ]
                            PROGRAMS.
   160   0301556G          SPECIAL PROGRAM...          [ ]           [ ]
   165   0305193G          INTELLIGENCE                [ ]           [ ]
                            SUPPORT TO
                            INFORMATION
                            OPERATIONS (IO).
   181   0301301L          GENERAL DEFENSE             [ ]           [ ]
                            INTELLIGENCE
                            PROGRAM.
   182   0301318BB         HUMINT                      [ ]           [ ]
                            (CONTROLLED).
   183   0301371G          CYBER SECURITY              [ ]           [ ]
                            INITIATIVE--CCP.
   184   0301372L          CYBER SECURITY              [ ]           [ ]
                            INITIATIVE--GDIP.
   185   0301555BZ         CLASSIFIED                  [ ]           [ ]
                            PROGRAMS.
   186   0301556BZ         SPECIAL PROGRAM...          [ ]           [ ]
   198   0303150K          GLOBAL COMMAND AND        2,750         2,750
                            CONTROL SYSTEM.
   204   0304345BQ         NATIONAL                    [ ]           [ ]
                            GEOSPATIAL-
                            INTELLIGENCE
                            PROGRAM (NGP).
   207   0305103G          CYBER SECURITY              [ ]           [ ]
                            INITIATIVE.
   211   0305127L          FOREIGN                     [ ]           [ ]
                            COUNTERINTELLIGEN
                            CE ACTIVITIES.
   212   0305146BZ         DEFENSE JOINT               [ ]           [ ]
                            COUNTERINTELLIGEN
                            CE ACTIVITIES.
   213   0305146L          DEFENSE JOINT               [ ]           [ ]
                            COUNTERINTELLIGEN
                            CE ACTIVITIES.
   214   0305183L          DEFENSE HUMAN               [ ]           [ ]
                            INTELLIGENCE
                            (HUMINT)
                            ACTIVITIES.
   218   0305202G          DRAGON U-2........          [ ]           [ ]
   219   0305206G          AIRBORNE                    [ ]           [ ]
                            RECONNAISSANCE
                            SYSTEMS.
   221   0305208BB         DISTRIBUTED COMMON          [ ]           [ ]
                            GROUND/SURFACE
                            SYSTEMS.
   222   0305208BQ         DISTRIBUTED COMMON          [ ]           [ ]
                            GROUND/SURFACE
                            SYSTEMS.
   223   0305208G          DISTRIBUTED COMMON          [ ]           [ ]
                            GROUND/SURFACE
                            SYSTEMS.
   225   0305208L          DISTRIBUTED COMMON          [ ]           [ ]
                            GROUND/SURFACE
                            SYSTEMS.
   226   0305219BB         MQ-1 PREDATOR A             [ ]           [ ]
                            UAV.
   227   0305229G          REAL-TIME                   [ ]           [ ]
                            ARCHITECTURE
                            DEVELOPMENT
                            (RT10).
   231   0305880L          COMBATANT COMMAND           [ ]           [ ]
                            INTELLIGENCE
                            OPERATIONS.
   232   0305883L          HARD AND DEEPLY             [ ]           [ ]
                            BURIED TARGET
                            (HDBT) INTEL
                            SUPPORT.
   233   0305884L          INTELLIGENCE                [ ]           [ ]
                            PLANNING AND
                            REVIEW ACTIVITIES.
   236   0307141G          INFORMATION                 [ ]           [ ]
                            OPERATIONS
                            TECHNOLOGY
                            INTEGRATION &
                            TOOL DEV.
   237   0307207G          AERIAL COMMON               [ ]           [ ]
                            SENSOR (ACS).
   999   9999999           OTHER PROGRAMS....      113,076       113,076
         ................
         ................  SUBTOTAL,               115,826       115,826
                            OPERATIONAL
                            SYSTEMS
                            DEVELOPMENT,
                            DEFENSE-WIDE.....
         ................
         ................
         ................  Total, RDT&E            115,826       115,826
                            Defense-Wide.
         ................
         ................
         ................  TOTAL RDT&E.......      310,254       293,254
------------------------------------------------------------------------

[[Page 123 STAT. 2785]]

                 TITLE XLIII--OPERATION AND MAINTENANCE

SEC. 4301. OPERATION AND MAINTENANCE.

------------------------------------------------------------------------
           OPERATION AND MAINTENANCE (In Thousands of Dollars)
-------------------------------------------------------------------------
                                               FY 2010      Conference
  Line                  Item                   Request      Authorized
------------------------------------------------------------------------
         Operation and Maintenance, Army
 
         BUDGET ACTIVITY 01: OPERATING
          FORCES
 
         LAND FORCES
   010   MANEUVER UNITS...................     1,020,490      1,020,490
   020   MODULAR SUPPORT BRIGADES.........       105,178        105,178
   030   ECHELONS ABOVE BRIGADE...........       708,038        708,038
   040   THEATER LEVEL ASSETS.............       718,233        718,233
   050   LAND FORCES OPERATIONS SUPPORT...     1,379,529      1,315,129
            Budget realignment of combat                       [-64,400]
            training center transportation
            funding in support of
            helicopter training...........
   060   AVIATION ASSETS..................       850,750        773,350
            Budget realignment in support                      [-77,400]
            of helicopter training........
 
         LAND FORCES READINESS
   070   FORCE READINESS OPERATIONS            2,088,233      2,088,233
          SUPPORT.........................
   080   LAND FORCES SYSTEMS READINESS....       633,704        633,704
   090   LAND FORCES DEPOT MAINTENANCE....       692,601        695,601
            Texas Defense Manufacturing                          [3,000]
            Supply Chain Initiative.......
 
         LAND FORCES READINESS SUPPORT
   100   BASE OPERATIONS SUPPORT..........     7,586,455      7,588,155
            Fort Bliss Data Center........                       [1,700]
   110   FACILITIES SUSTAINMENT,               2,221,446      2,221,446
          RESTORATION, & MODERNIZATION....
   120   MANAGEMENT AND OPERATIONAL HQ....       333,119        333,119
   130   COMBATANT COMMANDERS CORE               123,163        123,163
          OPERATIONS......................
   140   ADDITIONAL ACTIVITIES............             0              0
   150   COMMANDERS EMERGENCY RESPONSE                 0              0
          PROGRAM.........................
   160   RESET............................             0              0
   170   COMBATANT COMMANDERS ANCILLARY          460,159        460,159
          MISSIONS........................
 
         TOTAL, BA 01: OPERATING FORCES...    18,921,098     18,783,998
 
         BUDGET ACTIVITY 02: MOBILIZATION
 
         MOBILITY OPERATIONS
   180   STRATEGIC MOBILITY...............       228,376        228,376
   190   ARMY PREPOSITIONING STOCKS.......        98,129         98,129
   200   INDUSTRIAL PREPAREDNESS..........         5,705          5,705
 
         TOTAL, BA 02: MOBILIZATION.......       332,210        332,210
 
         BUDGET ACTIVITY 03: TRAINING AND
          RECRUITING
 
         ACCESSION TRAINING
   210   OFFICER ACQUISITION..............       125,615        125,615
   220   RECRUIT TRAINING.................        87,488         87,488
   230   ONE STATION UNIT TRAINING........        59,302         59,302

[[Page 123 STAT. 2786]]

 
   240   SENIOR RESERVE OFFICERS TRAINING        449,397        449,397
          CORPS...........................
 
         BASIC SKILL/ADVANCE TRAINING
   250   SPECIALIZED SKILL TRAINING.......       970,777        971,277
            Rule of law increase..........                         [500]
   260   FLIGHT TRAINING..................       843,893        985,693
            Budget realignment in support                      [141,800]
            of helicopter training........
   270   PROFESSIONAL DEVELOPMENT                166,812        166,812
          EDUCATION.......................
   280   TRAINING SUPPORT.................       702,031        702,031
 
         RECRUITING/OTHER TRAINING
   290   RECRUITING AND ADVERTISING.......       541,852        541,852
   300   EXAMINING........................       147,915        147,915
   310   OFF-DUTY AND VOLUNTARY EDUCATION.       238,353        238,353
   320   CIVILIAN EDUCATION AND TRAINING..       217,386        217,386
   330   JUNIOR ROTC......................       156,904        156,904
 
         TOTAL, BA 03: TRAINING AND            4,707,725      4,850,025
          RECRUITING......................
 
         BUDGET ACTIVITY 04:
          ADMINISTRATION & SERVICEWIDE
          ACTIVITIES
 
         SECURITY PROGRAMS
   340   SECURITY PROGRAMS................     1,017,055      1,017,055
 
         LOGISTICS OPERATIONS
   350   SERVICEWIDE TRANSPORTATION.......       540,249        540,249
   360   CENTRAL SUPPLY ACTIVITIES........       614,093        614,093
   370   LOGISTIC SUPPORT ACTIVITIES......       481,318        481,318
   380   AMMUNITION MANAGEMENT............       434,661        435,661
            M24 Sniper Weapons System                            [1,000]
            Upgrade.......................
 
         SERVICEWIDE SUPPORT
   390   ADMINISTRATION...................       776,866        776,866
   400   SERVICEWIDE COMMUNICATIONS.......     1,166,491      1,141,491
            Servicewide communications                         [-25,000]
            underexecution................
   410   MANPOWER MANAGEMENT..............       289,383        289,383
   420   OTHER PERSONNEL SUPPORT..........       221,779        229,029
            Transfer from O&M, DW BTA for                        [7,250]
            DIMHRS........................
   430   OTHER SERVICE SUPPORT............       993,852        993,852
   440   ARMY CLAIMS ACTIVITIES...........       215,168        215,168
   450   REAL ESTATE MANAGEMENT...........       118,785        118,785
 
         SUPPORT OF OTHER NATIONS
   460   SUPPORT OF NATO OPERATIONS.......       430,449        430,449
   470   MISC. SUPPORT OF OTHER NATIONS...        13,700         13,700
 
 
         TOTAL, BA 04: ADMINISTRATION &        7,313,849      7,297,099
          SERVICEWIDE ACTIVITIES..........
 
         Total Operation and Maintenance,     31,274,882     31,263,332
          Army............................
 
 
         Operation and Maintenance, Navy
 
         BUDGET ACTIVITY 01: OPERATING
          FORCES
 
         AIR OPERATIONS

[[Page 123 STAT. 2787]]

 
   010   MISSION AND OTHER FLIGHT              3,814,000      3,814,000
          OPERATIONS......................
   020   FLEET AIR TRAINING...............       120,868        120,868
   030   AVIATION TECHNICAL DATA &                52,259         52,259
          ENGINEERING SERVICES............
   040   AIR OPERATIONS AND SAFETY SUPPORT       121,649        121,649
   050   AIR SYSTEMS SUPPORT..............       485,321        485,321
   060   AIRCRAFT DEPOT MAINTENANCE.......     1,057,747      1,127,774
            Aviation Depot Maintenance....                      [70,027]
   070   AIRCRAFT DEPOT OPERATIONS SUPPORT        32,083         32,083
 
         SHIP OPERATIONS
   080   MISSION AND OTHER SHIP OPERATIONS     3,320,222      3,320,222
   090   SHIP OPERATIONS SUPPORT &               699,581        699,581
          TRAINING........................
   100   SHIP DEPOT MAINTENANCE...........     4,296,544      4,296,544
   110   SHIP DEPOT OPERATIONS SUPPORT....     1,170,785      1,170,785
 
         COMBAT OPERATIONS/SUPPORT
   120   COMBAT COMMUNICATIONS............       601,595        601,595
   130   ELECTRONIC WARFARE...............        86,019         86,019
   140   SPACE SYSTEMS AND SURVEILLANCE...       167,050        167,050
   150   WARFARE TACTICS..................       407,674        407,674
   160   OPERATIONAL METEOROLOGY AND             315,228        315,228
          OCEANOGRAPHY....................
   170   COMBAT SUPPORT FORCES............       758,789        758,789
   180   EQUIPMENT MAINTENANCE............       186,794        186,794
   190   DEPOT OPERATIONS SUPPORT.........         3,305          3,305
   200   COMBATANT COMMANDERS CORE               167,789        167,789
          OPERATIONS......................
   210   COMBATANT COMMANDERS DIRECT             259,188        252,188
          MISSION SUPPORT.................
            Reduction for National Program                      [-7,000]
            for Small Unit Excellence.....
 
         WEAPONS SUPPORT
   220   CRUISE MISSILE...................       131,895        131,895
   230   FLEET BALLISTIC MISSILE..........     1,145,020      1,145,020
   240   IN-SERVICE WEAPONS SYSTEMS               64,731         64,731
          SUPPORT.........................
   250   WEAPONS MAINTENANCE..............       448,777        460,777
            Gun depot overhauls...........                      [12,000]
   260   OTHER WEAPON SYSTEMS SUPPORT.....       326,535        326,535
 
         BASE SUPPORT
   270   ENTERPRISE INFORMATION...........     1,095,587      1,095,587
   280   SUSTAINMENT, RESTORATION AND          1,746,418      1,746,418
          MODERNIZATION...................
   290   BASE OPERATING SUPPORT...........     4,058,046      4,058,046
 
         TOTAL, BA 01: OPERATING FORCES...    27,141,499     27,216,526
 
         BUDGET ACTIVITY 02: MOBILIZATION
 
         READY RESERVE AND PREPOSITIONING
          FORCES
   300   SHIP PREPOSITIONING AND SURGE....       407,977        407,977
 
         ACTIVATIONS/INACTIVATIONS
   310   AIRCRAFT ACTIVATIONS/                     7,491          7,491
          INACTIVATIONS...................
   320   SHIP ACTIVATIONS/INACTIVATIONS...       192,401        195,401
            Navy Ship Disposal-Carrier                           [3,000]
            Demonstration Program.........
 

[[Page 123 STAT. 2788]]

 
         MOBILIZATION PREPAREDNESS
   330   FLEET HOSPITAL PROGRAM...........        24,546         24,546
   340   INDUSTRIAL READINESS.............         2,409          2,409
   350   COAST GUARD SUPPORT..............        25,727         25,727
 
         TOTAL, BA 02: MOBILIZATION.......       660,551        663,551
 
         BUDGET ACTIVITY 03: TRAINING AND
          RECRUITING
 
         ACCESSION TRAINING
   360   OFFICER ACQUISITION..............       145,027        145,027
   370   RECRUIT TRAINING.................        11,011         11,011
   380   RESERVE OFFICERS TRAINING CORPS..       127,490        127,490
 
         BASIC SKILLS AND ADVANCED
          TRAINING
   390   SPECIALIZED SKILL TRAINING.......       477,383        477,383
   400   FLIGHT TRAINING..................     1,268,846      1,268,846
   410   PROFESSIONAL DEVELOPMENT                161,922        161,922
          EDUCATION.......................
   420   TRAINING SUPPORT.................       158,685        158,685
 
         RECRUITING, AND OTHER TRAINING
          AND EDUCATION
   430   RECRUITING AND ADVERTISING.......       276,564        277,215
            Navy Sea Cadet Corps..........                         [651]
   440   OFF-DUTY AND VOLUNTARY EDUCATION.       154,979        154,979
   450   CIVILIAN EDUCATION AND TRAINING..       101,556        101,556
   460   JUNIOR ROTC......................        49,161         49,161
 
         TOTAL, BA 03: TRAINING AND            2,932,624      2,933,275
          RECRUITING......................
 
         BUDGET ACTIVITY 04:
          ADMINISTRATION & SERVICEWIDE
          ACTIVITIES
 
         SERVICEWIDE SUPPORT
   470   ADMINISTRATION...................       768,048        768,048
   480   EXTERNAL RELATIONS...............         6,171          6,171
   490   CIVILIAN MANPOWER AND PERSONNEL         114,675        114,675
          MANAGEMENT......................
   500   MILITARY MANPOWER AND PERSONNEL         182,115        189,365
          MANAGEMENT......................
            Transfer from O&M, DW BTA for                        [7,250]
            DIMHRS........................
   510   OTHER PERSONNEL SUPPORT..........       298,729        298,729
   520   SERVICEWIDE COMMUNICATIONS.......       408,744        393,744
            Servicewide communications                         [-15,000]
            underexecution................
   530   MEDICAL ACTIVITIES...............             0              0
 
         LOGISTICS OPERATIONS AND
          TECHNICAL SUPPORT
   540   SERVICEWIDE TRANSPORTATION.......       246,989        246,989
   550   ENVIRONMENTAL PROGRAMS...........             0              0
   560   PLANNING, ENGINEERING AND DESIGN.       244,337        244,337
   570   ACQUISITION AND PROGRAM                 778,501        778,501
          MANAGEMENT......................
   580   HULL, MECHANICAL AND ELECTRICAL          60,223         60,223
          SUPPORT.........................
   590   COMBAT/WEAPONS SYSTEMS...........        17,328         17,328
   600   SPACE AND ELECTRONIC WARFARE             79,065         79,065
          SYSTEMS.........................
 
         INVESTIGATIONS AND SECURITY
          PROGRAMS
   610   NAVAL INVESTIGATIVE SERVICE......       515,989        515,989

[[Page 123 STAT. 2789]]

 
 
         SUPPORT OF OTHER NATIONS
   670   INTERNATIONAL HEADQUARTERS AND            5,918          5,918
          AGENCIES........................
 
         CANCELLED ACCOUNTS
   680   CANCELLED ACCOUNT ADJUSTMENTS....             0              0
   690   JUDGMENT FUND....................             0              0
 
         OTHER PROGRAMS
   999   OTHER PROGRAMS...................       608,840        608,840
 
         TOTAL, BA 04: ADMINISTRATION &        4,335,672      4,327,922
          SERVICEWIDE ACTIVITIES..........
 
            Unobligated balances estimate.                     -100,000
 
         Total Operation and Maintenance,     35,070,346     35,041,274
          Navy............................
 
 
 
         Operation and Maintenance, Marine
          Corps
 
         BUDGET ACTIVITY 01: OPERATING
          FORCES
 
         EXPEDITIONARY FORCES
   010   OPERATIONAL FORCES...............       730,931        737,931
            Family of shelter and tents...                       [2,000]
            Flame Resistant Organizational                       [1,500]
            Gear..........................
            Ultra Lightweight Camouflage                         [3,500]
            Net System....................
   020   FIELD LOGISTICS..................       591,020        591,020
   030   DEPOT MAINTENANCE................        80,971         80,971
 
         USMC PREPOSITIONING
   050   MARITIME PREPOSITIONING..........        72,182         72,182
   060   NORWAY PREPOSITIONING............         5,090          5,090
 
         COMBAT OPERATIONS/SUPPORT
   070   COMBATANT COMMANDERS DIRECT                   0              0
          MISSION SUPPORT.................
 
         BASE SUPPORT
   080   SUSTAINMENT, RESTORATION, &             666,330        666,330
          MODERNIZATION...................
   090   BASE OPERATING SUPPORT...........     2,250,191      2,250,191
 
         TOTAL, BA 01: OPERATING FORCES...     4,396,715      4,403,715
 
         BUDGET ACTIVITY 03: TRAINING AND
          RECRUITING
 
         ACCESSION TRAINING
   100   RECRUIT TRAINING.................        16,129         16,129
   110   OFFICER ACQUISITION..............           418            418
 
         BASIC SKILLS AND ADVANCED
          TRAINING
   120   SPECIALIZED SKILL TRAINING.......        67,336         67,336
   130   FLIGHT TRAINING..................           369            369
   140   PROFESSIONAL DEVELOPMENT                 28,112         28,112
          EDUCATION.......................
   150   TRAINING SUPPORT.................       330,885        330,885

[[Page 123 STAT. 2790]]

 
 
         RECRUITING AND OTHER TRAINING
          EDUCATION
   160   RECRUITING AND ADVERTISING.......       240,832        240,832
   170   OFF-DUTY AND VOLUNTARY EDUCATION.        64,254         64,254
   180   JUNIOR ROTC......................        19,305         19,305
 
         BASE SUPPORT
   190   SUSTAINMENT, RESTORATION AND                  0              0
          MODERNIZATION...................
   200   BASE OPERATING SUPPORT...........             0              0
 
         TOTAL, BA 03: TRAINING AND              767,640        767,640
          RECRUITING......................
 
         BUDGET ACTIVITY 04:
          ADMINISTRATION & SERVICEWIDE
          ACTIVITIES
 
         SERVICEWIDE SUPPORT
   210   SPECIAL SUPPORT..................       299,065        299,065
   220   SERVICEWIDE TRANSPORTATION.......        28,924         28,924
   230   ADMINISTRATION...................        43,879         43,879
         BASE SUPPORT
   240   SUSTAINMENT, RESTORATION, AND                 0              0
          MODERNIZATION...................
   250   BASE OPERATING SUPPORT...........             0              0
 
 
         TOTAL, BA 04: ADMINISTRATION &          371,868        371,868
          SERVICEWIDE ACTIVITIES..........
 
 
         Total Operation and Maintenance,      5,536,223      5,543,223
          Marine Corps....................
 
 
 
         Operation and Maintenance, Air
          Force
 
         BUDGET ACTIVITY 01: OPERATING
          FORCES
 
         AIR OPERATIONS
   010   PRIMARY COMBAT FORCES............     4,017,156      4,017,156
   020   COMBAT ENHANCEMENT FORCES........     2,754,563      2,754,563
   030   AIR OPERATIONS TRAINING (OJT,         1,414,913      1,416,413
          MAINTAIN SKILLS)................
            Air Education and Training                           [1,500]
            Command Range Improvements....
   050   DEPOT MAINTENANCE................     2,389,738      2,389,738
   060   FACILITIES SUSTAINMENT,               1,420,083      1,420,083
          RESTORATION & MODERNIZATION.....
   070   BASE SUPPORT.....................     2,859,943      2,860,183
            Wage Modification for US                               [240]
            Azores Portugese National
            Employees.....................
 
         COMBAT RELATED OPERATIONS
   080   GLOBAL C3I AND EARLY WARNING.....     1,411,813      1,411,813
   090   OTHER COMBAT OPS SPT PROGRAMS....       880,353        880,353
   110   TACTICAL INTEL AND OTHER SPECIAL        552,148        552,148
          ACTIVITIES......................
 

[[Page 123 STAT. 2791]]

 
         SPACE OPERATIONS
   120   LAUNCH FACILITIES................       356,367        356,367
   130   SPACE CONTROL SYSTEMS............       725,646        725,646
 
         COCOM
   140   COMBATANT COMMANDERS DIRECT             608,796        608,796
          MISSION SUPPORT.................
   150   COMBATANT COMMANDERS CORE               216,073        216,073
          OPERATIONS......................
 
         TOTAL, BA 01: OPERATING FORCES...    19,607,592     19,609,332
 
         BUDGET ACTIVITY 02: MOBILIZATION
 
         MOBILITY OPERATIONS
   160   AIRLIFT OPERATIONS...............     2,932,080      2,934,080
            Warner Robins Air Logistics                          [2,000]
            Center Strategic Airlift
            Aircraft Availability
            Improvements..................
   170   MOBILIZATION PREPAREDNESS........       211,858        211,858
   180   DEPOT MAINTENANCE................       332,226        332,226
   190   FACILITIES SUSTAINMENT,                 362,954        362,954
          RESTORATION & MODERNIZATION.....
   200   BASE SUPPORT.....................       657,830        657,830
 
         TOTAL, BA 02: MOBILIZATION.......     4,496,948      4,498,948
 
         BUDGET ACTIVITY 03: TRAINING AND
          RECRUITING
 
         ACCESSION TRAINING
   210   OFFICER ACQUISITION..............       120,870        120,870
   220   RECRUIT TRAINING.................        18,135         18,135
   230   RESERVE OFFICERS TRAINING CORPS          88,414         88,414
          (ROTC)..........................
   240   FACILITIES SUSTAINMENT,                 372,788        372,788
          RESTORATION & MODERNIZATION.....
   250   BASE SUPPORT.....................       685,029        685,029
 
         BASIC SKILLS AND ADVANCED
          TRAINING
   260   SPECIALIZED SKILL TRAINING.......       514,048        514,048
   270   FLIGHT TRAINING..................       833,005        833,005
   280   PROFESSIONAL DEVELOPMENT                215,676        215,676
          EDUCATION.......................
   290   TRAINING SUPPORT.................       118,877        118,877
   300   DEPOT MAINTENANCE................           576            576
 
         RECRUITING, AND OTHER TRAINING
          AND EDUCATION
   320   RECRUITING AND ADVERTISING.......       152,983        152,983
   330   EXAMINING........................         5,584          5,584
   340   OFF-DUTY AND VOLUNTARY EDUCATION.       188,198        188,198
   350   CIVILIAN EDUCATION AND TRAINING..       174,151        174,151
   360   JUNIOR ROTC......................        67,549         67,549
 
         TOTAL, BA 03: TRAINING AND            3,555,883      3,555,883
          RECRUITING......................
 
         BUDGET ACTIVITY 04:
          ADMINISTRATION & SERVICEWIDE
          ACTIVITIES
 
         LOGISTICS OPERATIONS
   370   LOGISTICS OPERATIONS.............     1,055,672      1,055,672
   380   TECHNICAL SUPPORT ACTIVITIES.....       735,036        735,036

[[Page 123 STAT. 2792]]

 
   400   DEPOT MAINTENANCE................        15,411         15,411
   410   FACILITIES SUSTAINMENT,                 359,562        359,562
          RESTORATION & MODERNIZATION.....
   420   BASE SUPPORT.....................     1,410,097      1,410,097
 
         SERVICEWIDE ACTIVITIES
   430   ADMINISTRATION...................       646,080        643,330
            Servicewide administration....                     [-10,000]
            Transfer from O&M, DW BTA for                        [7,250]
            DIMHRS........................
   440   SERVICEWIDE COMMUNICATIONS.......       581,951        581,951
   450   OTHER SERVICEWIDE ACTIVITIES.....     1,062,803      1,062,803
   460   CIVIL AIR PATROL.................        22,433         22,433
 
         SECURITY PROGRAMS
   470   SECURITY PROGRAMS................     1,148,704      1,148,704
 
         SUPPORT TO OTHER NATIONS
   480   INTERNATIONAL SUPPORT............        49,987         49,987
 
         TOTAL, BA 04: ADMINISTRATION &        7,087,736      7,084,986
          SERVICEWIDE ACTIVITIES..........
 
           USAF Civilian Underexecution...                      -50,000
           Unobligated Balances Estimate..                     -172,000
 
         Total Operation and Maintenance,     34,748,159     34,527,149
          Air Force.......................
 
 
 
         Operation and Maintenance,
          Defense-wide
 
         BUDGET ACTIVITY 1: OPERATING
          FORCES
 
         DEFENSE-WIDE ACTIVITIES
   010   JOINT CHIEFS OF STAFF............       457,169        457,169
   020   SPECIAL OPERATIONS COMMAND.......     3,611,492      3,612,992
            Special Operations Forces                            [1,500]
            Modular Glove System..........
 
         TOTAL, BUDGET ACTIVITY 1:........     4,068,661      4,070,161
 
         BUDGET ACTIVITY 3: TRAINING AND
          RECRUITING
 
         DEFENSE-WIDE ACTIVITIES
   030   DEFENSE ACQUISITION UNIVERSITY...       115,497        115,497
 
         RECRUITING AND OTHER TRAINING
          EDUCATION
   040   NATIONAL DEFENSE UNIVERSITY......       103,408        103,408
 
         TOTAL, BUDGET ACTIVITY 3:........       218,905        218,905
 
         BUDGET ACTIVITY 4: ADMIN &
          SERVICEWIDE ACTIVITIES
 
         DEFENSE-WIDE ACTIVITIES
   050   AMERICAN FORCES INFORMATION                   0              0
          SERVICE.........................
   060   CIVIL MILITARY PROGRAMS..........       132,231        152,231
            National Guard Youth Challenge                       [5,000]
            Program.......................

[[Page 123 STAT. 2793]]

 
            Junior ROTC...................                      [15,000]
   080   CLASSIFIED AND INTELLIGENCE......             0              0
   090   DEFENSE BUSINESS TRANSFORMATION         139,579        117,829
          AGENCY..........................
            DIMHRS Transfer to Services                        [-21,750]
            (Army, Navy and Air Force)....
   100   DEFENSE CONTRACT AUDIT AGENCY....       458,316        458,316
   110   DEFENSE FINANCE AND ACCOUNTING                0              0
          SERVICE.........................
   120   DEFENSE HUMAN RESOURCES ACTIVITY.       665,743        665,743
   130   DEFENSE INFORMATION SYSTEMS           1,322,163      1,322,163
          AGENCY..........................
   150   DEFENSE LEGAL SERVICES...........        42,532         42,532
   160   DEFENSE LOGISTICS AGENCY.........       405,873        414,873
            Procurement and Technical                            [9,000]
            Assistance Program............
   170   DEFENSE MEDIA ACTIVITY...........       253,667        253,667
   180   DEFENSE POW/MIA OFFICE...........        20,679         20,679
   190   DEFENSE TECHNOLOGY SECURITY              34,325         34,325
          AGENCY..........................
   200   DEFENSE THREAT REDUCTION AGENCY..       385,453        385,453
   210   DEPARTMENT OF DEFENSE EDUCATION       2,302,116      2,305,516
          AGENCY..........................
            SoAR Recruiting Initiative....                       [3,400]
   220   DEFENSE CONTRACT MANAGEMENT           1,058,721      1,058,721
          AGENCY..........................
   230   DEFENSE SECURITY COOPERATION            721,756        621,756
          AGENCY..........................
            Security and Stabilization                        [-100,000]
            (1207)........................
   240   DEFENSE SECURITY SERVICE.........       497,857        497,857
         NATIONAL GUARD BORDER SECURITY...             0              0
   260   OFFICE OF ECONOMIC ADJUSTMENT....        37,166         38,166
            Redevelopment of Naval Station                       [1,000]
            Ingleside.....................
   270   OFFICE OF THE SECRETARY OF            1,955,985      1,977,985
          DEFENSE.........................
            Readiness and Environmental                         [20,000]
            Protection Initiative.........
            Critical Language Training....                       [2,000]
   280   WASHINGTON HEADQUARTERS SERVICE..       589,309        589,309
 
         OTHER PROGRAMS
   999   OTHER PROGRAMS...................    13,046,209     13,046,209
 
         TOTAL, BUDGET ACTIVITY 4:........    24,069,680     24,003,330
 
            Impact Aid....................                       30,000
            Impact aid for children with                          5,000
            severe disabilities...........
 
         Total Operation and Maintenance,     28,357,246     28,327,396
          Defense-Wide ...................
 
 
 
         Operation and Maintenance, Army
          Reserve
 
         BUDGET ACTIVITY 01: OPERATING
          FORCES
 
         LAND FORCES
   010   MANEUVER UNITS...................         1,403          1,403
   020   MODULAR SUPPORT BRIGADES.........        12,707         12,707
   030   ECHELONS ABOVE BRIGADE...........       468,288        468,288
   040   THEATER LEVEL ASSETS.............       152,439        152,439
   050   LAND FORCES OPERATIONS SUPPORT...       520,420        520,420
   060   AVIATION ASSETS..................        61,063         61,063
 
         LAND FORCES READINESS
   070   FORCE READINESS OPERATIONS              290,443        290,443
          SUPPORT.........................
   080   LAND FORCES SYSTEMS READINESS....       106,569        106,569
   090   LAND FORCES DEPOT MAINTENANCE....        94,499         94,499
 

[[Page 123 STAT. 2794]]

 
         LAND FORCES READINESS SUPPORT
   100   BASE OPERATIONS SUPPORT..........       522,310        522,310
   110   FACILITIES SUSTAINMENT,                 234,748        234,748
          RESTORATION, & MODERNIZATION....
   120   ADDITIONAL ACTIVITIES............             0              0
 
         TOTAL, BA 01: OPERATING FORCES...     2,464,889      2,464,889
 
         LOGISTICS OPERATIONS
   130   SERVICEWIDE TRANSPORTATION.......         9,291          9,291
 
         SERVICEWIDE SUPPORT
   140   ADMINISTRATION...................        72,075         72,075
   150   SERVICEWIDE COMMUNICATIONS.......         3,635          3,635
   160   MANPOWER MANAGEMENT..............         9,104          9,104
   170   RECRUITING AND ADVERTISING.......        61,202         61,202
 
         TOTAL, BA 04: ADMINISTRATION &          155,307        155,307
          SERVICEWIDE ACTIVITIES..........
 
 
         Total Operation and Maintenance,      2,620,196      2,620,196
          Army Reserve....................
 
 
 
         Operation and Maintenance, Navy
          Reserve
 
         BUDGET ACTIVITY 01: OPERATING
          FORCES
 
         AIR OPERATIONS
   010   MISSION AND OTHER FLIGHT                570,319        570,319
          OPERATIONS......................
   020   INTERMEDIATE MAINTENANCE.........        16,596         16,596
   030   AIR OPERATIONS AND SAFETY SUPPORT         3,171          3,171
   040   AIRCRAFT DEPOT MAINTENANCE.......       125,004        125,004
   050   AIRCRAFT DEPOT OPERATIONS SUPPORT           397            397
 
         SHIP OPERATIONS
   060   MISSION AND OTHER SHIP OPERATIONS        55,873         55,873
   070   SHIP OPERATIONS SUPPORT &                   592            592
          TRAINING........................
   080   SHIP DEPOT MAINTENANCE...........        41,899         41,899
 
         COMBAT OPERATIONS SUPPORT
   090   COMBAT COMMUNICATIONS............        15,241         15,241
   100   COMBAT SUPPORT FORCES............       142,924        142,924
 
         WEAPONS SUPPORT
   110   WEAPONS MAINTENANCE..............         5,494          5,494
 
         BASE SUPPORT
   120   ENTERPRISE INFORMATION...........        83,611         83,611
   130   SUSTAINMENT, RESTORATION AND             69,853         69,853
          MODERNIZATION...................
   140   BASE OPERATING SUPPORT...........       124,757        124,757
 
         TOTAL, BA 01: OPERATING FORCES...     1,255,731      1,255,731
 
         BUDGET ACTIVITY 04:
          ADMINISTRATION & SERVICEWIDE
          ACTIVITIES
 

[[Page 123 STAT. 2795]]

 
         SERVICEWIDE SUPPORT
   150   ADMINISTRATION...................         3,323          3,323
   160   MILITARY MANPOWER AND PERSONNEL          13,897         13,897
          MANAGEMENT......................
   170   SERVICEWIDE COMMUNICATIONS.......         1,957          1,957
   180   OTHER SERVICEWIDE POWER..........             0              0
 
         LOGISTICS OPERATIONS AND
          TECHNICAL SUPPORT
   190   ACQUISITION AND PROGRAM                   3,593          3,593
          MANAGEMENT......................
 
         CANCELLED ACCOUNTS
   200   CANCELLED ACCOUNT ADJUSTMENTS....             0              0
   210   JUDGMENT FUND....................             0              0
 
         OTHER PROGRAMS
   999   OTHER PROGRAMS...................             0              0
 
         TOTAL, BA 04: ADMINISTRATION &           22,770         22,770
          SERVICEWIDE ACTIVITIES..........
 
         Total Operation and Maintenance,      1,278,501      1,278,501
          Navy Reserve....................
 
 
 
         Operation and Maintenance, Marine
          Corps Reserve
 
         BUDGET ACTIVITY 01: OPERATING
          FORCES
 
         EXPEDITIONARY FORCES
   010   OPERATING FORCES.................        61,117         61,117
   020   DEPOT MAINTENANCE................        13,217         13,217
   030   TRAINING SUPPORT.................        29,373         29,373
 
         BASE SUPPORT
   040   SUSTAINMENT, RESTORATION AND             25,466         25,466
          MODERNIZATION...................
   050   BASE OPERATING SUPPORT...........        73,899         73,899
 
         TOTAL, BA 01: OPERATING FORCES...       203,072        203,072
 
         BUDGET ACTIVITY 04:
          ADMINISTRATION & SERVICEWIDE
          ACTIVITIES
 
         SERVICEWIDE ACTIVITIES
   060   SPECIAL SUPPORT..................         5,639          5,639
   070   SERVICEWIDE TRANSPORTATION.......           818            818
   080   ADMINISTRATION...................        10,642         10,642
   090   RECRUITING AND ADVERTISING.......         8,754          8,754
 
         BASE SUPPORT
   100   BASE OPERATING SUPPORT...........             0              0
 
         TOTAL, BA 04: ADMINISTRATION &           25,853         25,853
          SERVICEWIDE ACTIVITIES..........
 
 
         Total Operation and Maintenance,        228,925        228,925
          Marine Corps Reserve............

[[Page 123 STAT. 2796]]

 
 
 
 
         Operation and Maintenance, Air
          Force Reserve
 
         BUDGET ACTIVITY 01: OPERATING
          FORCES
 
         AIR OPERATIONS
   010   PRIMARY COMBAT FORCES............     2,049,303      2,049,303
   020   MISSION SUPPORT OPERATIONS.......       121,417        121,417
   030   DEPOT MAINTENANCE................       441,958        441,958
   040   FACILITIES SUSTAINMENT,                  78,763         78,763
          RESTORATION & MODERNIZATION.....
   050   BASE SUPPORT.....................       258,091        258,091
 
         TOTAL, BA 01: OPERATING FORCES...     2,949,532      2,949,532
 
         BUDGET ACTIVITY 04:
          ADMINISTRATION & SERVICEWIDE
          ACTIVITIES
 
         SERVICEWIDE ACTIVITIES
   060   ADMINISTRATION...................        77,476         77,476
   070   RECRUITING AND ADVERTISING.......        24,553         24,553
   080   MILITARY MANPOWER AND PERS MGMT          20,838         20,838
          (ARPC)..........................
   090   OTHER PERS SUPPORT (DISABILITY            6,121          6,121
          COMP)...........................
   100   AUDIOVISUAL......................           708            708
 
         TOTAL, BA 04: ADMINISTRATION &          129,696        129,696
          SERVICEWIDE ACTIVITIES..........
 
 
         Total Operation and Maintenance,      3,079,228      3,079,228
          Air Force Reserve...............
 
 
 
         Operation and Maintenance, Army
          National Guard
 
         BUDGET ACTIVITY 01: OPERATING
          FORCES
 
         LAND FORCES
   010   MANEUVER UNITS...................       876,269        876,269
   020   MODULAR SUPPORT BRIGADES.........       173,843        173,843
   030   ECHELONS ABOVE BRIGADE...........       615,160        615,160
   040   THEATER LEVEL ASSETS.............       253,997        253,997
   050   LAND FORCES OPERATIONS SUPPORT...        34,441         34,441
   060   AVIATION ASSETS..................       819,031        821,281
            Joint Command Vehicle and                            [2,250]
            Supporting C3 Systems.........
 
 
         LAND FORCES READINESS
   070   FORCE READINESS OPERATIONS              436,799        436,799
          SUPPORT.........................
   080   LAND FORCES SYSTEMS READINESS....        99,757         99,757
   090   LAND FORCES DEPOT MAINTENANCE....       379,646        379,646
 
         LAND FORCES READINESS SUPPORT
   100   BASE OPERATIONS SUPPORT..........       798,343        800,943
            North Carolina National Guard                        [1,600]
            Family Assistance Centers.....

[[Page 123 STAT. 2797]]

 
            Our Military Kids.............                       [1,000]
   110   FACILITIES SUSTAINMENT,                 580,171        580,471
          RESTORATION, & MODERNIZATION....
            Camp Ethan Allen Training Site                         [300]
            Road Equipment................
   120   MANAGEMENT AND OPERATIONAL HQ....       573,452        573,452
   130   ADDITIONAL ACTIVITIES............             0              0
 
         TOTAL, BA 01: OPERATING FORCES...     5,640,909      5,646,059
 
         BUDGET ACTIVITY 04:
          ADMINISTRATION & SERVICEWIDE
          ACTIVITIES
 
         SERVICEWIDE SUPPORT
   140   ADMINISTRATION...................       119,186        119,186
   150   SERVICEWIDE COMMUNICATIONS.......        48,020         48,020
   160   MANPOWER MANAGEMENT..............         7,920          7,920
   170   RECRUITING AND ADVERTISING.......       440,999        440,999
 
         TOTAL, BA 04: ADMINISTRATION &          616,125        616,125
          SERVICEWIDE ACTIVITIES..........
 
 
         Total Operation and Maintenance,      6,257,034      6,262,184
          Army National Guard.............
 
 
 
         Operation and Maintenance, Air
          National Guard
 
         BUDGET ACTIVITY 01: OPERATING
          FORCES
 
         AIR OPERATIONS
   010   AIRCRAFT OPERATIONS..............     3,347,685      3,347,685
   020   MISSION SUPPORT OPERATIONS.......       779,917        779,917
   030   DEPOT MAINTENANCE................       780,347        780,347
   040   FACILITIES SUSTAINMENT,                 302,949        302,949
          RESTORATION & MODERNIZATION.....
   050   BASE SUPPORT.....................       606,916        606,916
 
         TOTAL, BA 01: OPERATING FORCES...     5,817,814      5,817,814
 
         BUDGET ACTIVITY 04:
          ADMINISTRATION & SERVICEWIDE
          ACTIVITIES
 
         SERVICEWIDE ACTIVITIES
   060   ADMINISTRATION...................        35,174         35,174
   070   RECRUITING AND ADVERTISING.......        32,773         32,773
 
         TOTAL, BA 04: ADMINISTRATION &           67,947         67,947
          SERVICEWIDE ACTIVITIES..........
 
 
         Total Operation and Maintenance,      5,885,761      5,885,761
          Air National Guard..............
 
 
         MISCELLANEOUS APPROPRIATIONS
   010   US COURT OF APPEALS FOR THE ARMED        13,932         13,932
          FORCES, DEFENSE.................

[[Page 123 STAT. 2798]]

 
   010   ACQUISITION WORKFORCE DEVELOPMENT       100,000        100,000
          FUND............................
   010   OVERSEAS HUMANITARIAN, DISASTER         109,869        109,869
          AND CIVIC AID...................
   010   COOPERATIVE THREAT REDUCTION.....       404,093        424,093
            Program increase..............                      [20,000]
   020   ENVIRONMENTAL RESTORATION, ARMY..       415,864        415,864
   030   ENVIRONMENTAL RESTORATION, NAVY..       285,869        285,869
   040   ENVIRONMENTAL RESTORATION, AIR          494,276        494,276
          FORCE...........................
   050   ENVIRONMENTAL RESTORATION,               11,100         11,100
          DEFENSE.........................
   060   ENVIRONMENTAL RESTORATION               267,700        267,700
          FORMERLY USED SITES.............
   070   OVERSEAS CONTINGENCY OPERATIONS           5,000              0
          TRANSFER FUND...................
            Program decrease..............                      [-5,000]
   080   IRAQ FREEDOM FUND................             0              0
 
         TOTAL, MISCELLANEOUS                  2,107,703      2,122,703
          APPROPRIATIONS..................
 
         TOTAL TITLE III--OPERATION AND      156,444,204    156,179,872
          MAINTENANCE.....................
------------------------------------------------------------------------

SEC. 4302. OPERATION AND MAINTENANCE FOR OVERSEAS CONTINGENCY 
                          OPERATIONS.

------------------------------------------------------------------------
    OPERATION AND MAINTENANCE FOR OVERSEAS CONTINGENCY OPERATIONS (In
                          Thousands of Dollars)
-------------------------------------------------------------------------
                                                 FY 2010     Conference
  Line                   Item                    Request     Authorized
------------------------------------------------------------------------
         Operation and Maintenance, Army
 
         BUDGET ACTIVITY 01: OPERATING
          FORCES
 
         LAND FORCES READINESS SUPPORT
   140   ADDITIONAL ACTIVITIES..............    36,330,899    36,330,899
   150   COMMANDERS EMERGENCY RESPONSE           1,500,000     1,300,000
          PROGRAM...........................
            Program reduction...............                  [-200,000]
   160   RESET..............................     7,867,551     7,867,551
 
         TOTAL, BA 01: OPERATING FORCES.....    45,698,450    45,498,450
 
         BUDGET ACTIVITY 04: ADMINISTRATION
          & SERVICEWIDE ACTIVITIES
 
         SECURITY PROGRAMS
   340   SECURITY PROGRAMS..................     1,426,309     1,426,309
 
         LOGISTICS OPERATIONS
   350   SERVICEWIDE TRANSPORTATION.........     5,045,902     5,045,902
 
         TOTAL, BA 04: ADMINISTRATION &          6,472,211     6,472,211
          SERVICEWIDE ACTIVITIES............
 
            Army end strength budget                           [196,100]
            amendment.......................
 
         Total Operation and Maintenance,       52,170,661    52,166,761
          Army..............................
 
 
         Operation and Maintenance, Navy

[[Page 123 STAT. 2799]]

 
 
         BUDGET ACTIVITY 01: OPERATING
          FORCES
 
         AIR OPERATIONS
   010   MISSION AND OTHER FLIGHT OPERATIONS     1,138,398     1,138,398
   020   FLEET AIR TRAINING.................         2,640         2,640
   030   AVIATION TECHNICAL DATA &                   1,212         1,212
          ENGINEERING SERVICES..............
   040   AIR OPERATIONS AND SAFETY SUPPORT..        26,815        26,815
   050   AIR SYSTEMS SUPPORT................        44,532        44,532
   060   AIRCRAFT DEPOT MAINTENANCE.........       158,559       158,559
 
         SHIP OPERATIONS
   080   MISSION AND OTHER SHIP OPERATIONS..       651,209       651,209
   090   SHIP OPERATIONS SUPPORT & TRAINING.        22,489        22,489
   100   SHIP DEPOT MAINTENANCE.............     1,001,037     1,001,037
            Transfer to base................
 
         COMBAT OPERATIONS/SUPPORT
   120   COMBAT COMMUNICATIONS..............        20,704        20,704
   150   WARFARE TACTICS....................        15,918        15,918
   160   OPERATIONAL METEOROLOGY AND                16,889        16,889
          OCEANOGRAPHY......................
   170   COMBAT SUPPORT FORCES..............     1,891,799     1,891,799
   180   EQUIPMENT MAINTENANCE..............           306           306
   200   COMBATANT COMMANDERS CORE                   6,929         6,929
          OPERATIONS........................
   210   COMBATANT COMMANDERS DIRECT MISSION         7,344         7,344
          SUPPORT...........................
 
         WEAPONS SUPPORT
   240   IN-SERVICE WEAPONS SYSTEMS SUPPORT.        68,759        68,759
   250   WEAPONS MAINTENANCE................        82,496        82,496
   260   OTHER WEAPON SYSTEMS SUPPORT.......        16,902        16,902
 
         BASE SUPPORT
   280   SUSTAINMENT, RESTORATION AND                7,629         7,629
          MODERNIZATION.....................
   290   BASE OPERATING SUPPORT.............       338,604       338,604
 
         TOTAL, BA 01: OPERATING FORCES.....     5,521,170     5,521,170
 
         BUDGET ACTIVITY 02: MOBILIZATION
 
         READY RESERVE AND PREPOSITIONING
          FORCES
   300   SHIP PREPOSITIONING AND SURGE......        27,290        27,290
 
         MOBILIZATION PREPAREDNESS
   330   FLEET HOSPITAL PROGRAM.............         4,336         4,336
   350   COAST GUARD SUPPORT................       245,039       245,039
 
         TOTAL, BA 02: MOBILIZATION.........       276,665       276,665
 
         BUDGET ACTIVITY 03: TRAINING AND
          RECRUITING
 
         BASIC SKILLS AND ADVANCED TRAINING
   390   SPECIALIZED SKILL TRAINING.........        97,995        97,995
   420   TRAINING SUPPORT...................         5,463         5,463
 

[[Page 123 STAT. 2800]]

 
         TOTAL, BA 03: TRAINING AND                103,458       103,458
          RECRUITING........................
 
         BUDGET ACTIVITY 04: ADMINISTRATION
          & SERVICEWIDE ACTIVITIES
 
         SERVICEWIDE SUPPORT
   470   ADMINISTRATION.....................         3,899         3,899
   480   EXTERNAL RELATIONS.................           463           463
   500   MILITARY MANPOWER AND PERSONNEL               563           563
          MANAGEMENT........................
   510   OTHER PERSONNEL SUPPORT............         2,525         2,525
   520   SERVICEWIDE COMMUNICATIONS.........        23,557        23,557
 
         LOGISTICS OPERATIONS AND TECHNICAL
          SUPPORT
   540   SERVICEWIDE TRANSPORTATION.........       223,890       223,890
   570   ACQUISITION AND PROGRAM MANAGEMENT.           642           642
 
         INVESTIGATIONS AND SECURITY
          PROGRAMS
   610   NAVAL INVESTIGATIVE SERVICE........        37,452        37,452
 
         OTHER PROGRAMS
   999   OTHER PROGRAMS.....................        25,299        25,299
 
         TOTAL, BA 04: ADMINISTRATION &            318,290       318,290
          SERVICEWIDE ACTIVITIES............
 
 
         Total Operation and Maintenance,        6,219,583     6,219,583
          Navy..............................
 
 
 
         Operation and Maintenance, Marine
          Corps
 
         BUDGET ACTIVITY 01: OPERATING
          FORCES
 
         EXPEDITIONARY FORCES
   010   OPERATIONAL FORCES.................     2,048,844     2,048,844
   020   FIELD LOGISTICS....................       486,014       486,014
   030   DEPOT MAINTENANCE..................       554,000       554,000
 
         USMC PREPOSITIONING
   060   NORWAY PREPOSITIONING..............           950           950
 
         BASE SUPPORT
   090   BASE OPERATING SUPPORT.............       121,700       121,700
 
         TOTAL, BA 01: OPERATING FORCES.....     3,211,508     3,211,508
 
         BUDGET ACTIVITY 03: TRAINING AND
          RECRUITING
 
         BASIC SKILLS AND ADVANCED TRAINING
   120   SPECIALIZED SKILL TRAINING.........         6,303         6,303
   140   PROFESSIONAL DEVELOPMENT EDUCATION.           923           923
   150   TRAINING SUPPORT...................       205,625       205,625
 
         TOTAL, BA 03: TRAINING AND                212,851       212,851
          RECRUITING........................
 

[[Page 123 STAT. 2801]]

 
         BUDGET ACTIVITY 04: ADMINISTRATION
          & SERVICEWIDE ACTIVITIES
 
         SERVICEWIDE SUPPORT
   210   SPECIAL SUPPORT....................         2,576         2,576
   220   SERVICEWIDE TRANSPORTATION.........       269,415       269,415
   230   ADMINISTRATION.....................         5,250         5,250
 
         TOTAL, BA 04: ADMINISTRATION &            277,241       277,241
          SERVICEWIDE ACTIVITIES............
 
 
         Total Operation and Maintenance,        3,701,600     3,701,600
          Marine Corps......................
 
 
 
         Operation and Maintenance, Air
          Force
 
         BUDGET ACTIVITY 01: OPERATING
          FORCES
 
         AIR OPERATIONS
   010   PRIMARY COMBAT FORCES..............     1,582,431     1,582,431
   020   COMBAT ENHANCEMENT FORCES..........     1,460,018     1,460,018
   030   AIR OPERATIONS TRAINING (OJT,             109,255       109,255
          MAINTAIN SKILLS)..................
   050   DEPOT MAINTENANCE..................       304,540       304,540
   060   FACILITIES SUSTAINMENT, RESTORATION       121,881       121,881
          & MODERNIZATION...................
   070   BASE SUPPORT.......................     1,394,809     1,394,809
 
         COMBAT RELATED OPERATIONS
   080   GLOBAL C3I AND EARLY WARNING.......       130,885       130,885
   090   OTHER COMBAT OPS SPT PROGRAMS......       407,554       407,554
 
         SPACE OPERATIONS
   130   SPACE CONTROL SYSTEMS..............        38,677        38,677
 
         COCOM
   140   COMBATANT COMMANDERS DIRECT MISSION       157,000       157,000
          SUPPORT...........................
 
         TOTAL, BA 01: OPERATING FORCES.....     5,707,050     5,707,050
 
         BUDGET ACTIVITY 02: MOBILIZATION
 
         MOBILITY OPERATIONS
   160   AIRLIFT OPERATIONS.................     3,171,148     3,171,148
   170   MOBILIZATION PREPAREDNESS..........       169,659       169,659
   180   DEPOT MAINTENANCE..................       167,070       167,070
   190   FACILITIES SUSTAINMENT, RESTORATION           942           942
          & MODERNIZATION...................
   200   BASE SUPPORT.......................        45,998        45,998
 
         TOTAL, BA 02: MOBILIZATION.........     3,554,817     3,554,817
 
         BUDGET ACTIVITY 03: TRAINING AND
          RECRUITING
 
         ACCESSION TRAINING

[[Page 123 STAT. 2802]]

 
   240   FACILITIES SUSTAINMENT, RESTORATION         1,019         1,019
          & MODERNIZATION...................
   250   BASE SUPPORT.......................        19,361        19,361
 
         BASIC SKILLS AND ADVANCED TRAINING
   260   SPECIALIZED SKILL TRAINING.........        48,442        48,442
   270   FLIGHT TRAINING....................           291           291
   280   PROFESSIONAL DEVELOPMENT EDUCATION.         1,500         1,500
   290   TRAINING SUPPORT...................         1,427         1,427
 
         TOTAL, BA 03: TRAINING AND                 72,040        72,040
          RECRUITING........................
 
         BUDGET ACTIVITY 04: ADMINISTRATION
          & SERVICEWIDE ACTIVITIES
 
         LOGISTICS OPERATIONS
   370   LOGISTICS OPERATIONS...............       328,009       328,009
   420   BASE SUPPORT.......................        35,322        35,322
 
         SERVICEWIDE ACTIVITIES
   430   ADMINISTRATION.....................         9,000         9,000
   440   SERVICEWIDE COMMUNICATIONS.........       178,470       178,470
 
         SECURITY PROGRAMS
   470   SECURITY PROGRAMS..................       142,160       142,160
 
         TOTAL, BA 04: ADMINISTRATION &            692,961       692,961
          SERVICEWIDE ACTIVITIES............
 
 
         Total Operation and Maintenance,       10,026,868    10,026,868
          Air Force.........................
 
 
 
         Operation and Maintenance, Defense-
          wide
 
         BUDGET ACTIVITY 1: OPERATING FORCES
 
         DEFENSE-WIDE ACTIVITIES
   010   JOINT CHIEFS OF STAFF..............        25,000        25,000
   020   SPECIAL OPERATIONS COMMAND.........     2,519,935     2,519,935
 
         TOTAL, BUDGET ACTIVITY 1:..........     2,544,935     2,544,935
 
         BUDGET ACTIVITY 4: ADMIN &
          SERVICEWIDE ACTIVITIES
 
         DEFENSE-WIDE ACTIVITIES
   100   DEFENSE CONTRACT AUDIT AGENCY......        13,908        13,908
   130   DEFENSE INFORMATION SYSTEMS AGENCY.       245,117       245,117
   150   DEFENSE LEGAL SERVICES.............       115,000       115,000
   170   DEFENSE MEDIA ACTIVITY.............        13,364        13,364
   200   DEFENSE THREAT REDUCTION AGENCY....         2,018         2,018
   210   DEPARTMENT OF DEFENSE EDUCATION           553,600       553,600
          AGENCY............................
   220   DEFENSE CONTRACT MANAGEMENT AGENCY.        63,130        63,130
   230   DEFENSE SECURITY COOPERATION AGENCY     1,950,000     1,950,000
   270   OFFICE OF THE SECRETARY OF DEFENSE.        79,047        79,047
 
         OTHER PROGRAMS

[[Page 123 STAT. 2803]]

 
   999   OTHER PROGRAMS.....................     1,998,181     1,998,181
 
         TOTAL, BUDGET ACTIVITY 4:..........     5,033,365     5,033,365
 
            Army end strength budget                               5,100
            amendment.......................
 
         Total Operation and Maintenance,        7,578,300     7,583,400
          Defense-Wide .....................
 
 
         Operation and Maintenance, Army
          Reserve
 
         BUDGET ACTIVITY 01: OPERATING
          FORCES
 
         LAND FORCES
   030   ECHELONS ABOVE BRIGADE.............        86,881        86,881
   050   LAND FORCES OPERATIONS SUPPORT.....        40,675        40,675
 
         LAND FORCES READINESS
   070   FORCE READINESS OPERATIONS SUPPORT.        21,270        21,270
   080   LAND FORCES SYSTEMS READINESS......        17,500        17,500
 
         LAND FORCES READINESS SUPPORT
   100   BASE OPERATIONS SUPPORT............        38,000        38,000
 
         TOTAL, BA 01: OPERATING FORCES.....       204,326       204,326
 
 
         Total Operation and Maintenance,          204,326       204,326
          Army Reserve......................
 
 
 
         Operation and Maintenance, Navy
          Reserve
 
         BUDGET ACTIVITY 01: OPERATING
          FORCES
 
         AIR OPERATIONS
   010   MISSION AND OTHER FLIGHT OPERATIONS        26,673        26,673
   020   INTERMEDIATE MAINTENANCE...........           400           400
   040   AIRCRAFT DEPOT MAINTENANCE.........         3,600         3,600
 
         SHIP OPERATIONS
   060   MISSION AND OTHER SHIP OPERATIONS..         7,416         7,416
   080   SHIP DEPOT MAINTENANCE.............         8,917         8,917
 
         COMBAT OPERATIONS SUPPORT
   090   COMBAT COMMUNICATIONS..............         3,147         3,147
   100   COMBAT SUPPORT FORCES..............        13,428        13,428
 
         BASE SUPPORT
   140   BASE OPERATING SUPPORT.............         4,478         4,478
 
         TOTAL, BA 01: OPERATING FORCES.....        68,059        68,059
 
 
         Total Operation and Maintenance,           68,059        68,059
          Navy Reserve......................
 
 
 
         Operation and Maintenance, Marine
          Corps Reserve

[[Page 123 STAT. 2804]]

 
 
         BUDGET ACTIVITY 01: OPERATING
          FORCES
 
         EXPEDITIONARY FORCES
   010   OPERATING FORCES...................        77,849        77,849
 
         BASE SUPPORT
   050   BASE OPERATING SUPPORT.............         8,818         8,818
 
         TOTAL, BA 01: OPERATING FORCES.....        86,667        86,667
 
         Total Operation and Maintenance,           86,667        86,667
          Marine Corps Reserve..............
 
 
 
         Operation and Maintenance, Air
          Force Reserve
 
         BUDGET ACTIVITY 01: OPERATING
          FORCES
 
         AIR OPERATIONS
   010   PRIMARY COMBAT FORCES..............         3,618         3,618
   020   MISSION SUPPORT OPERATIONS.........         7,276         7,276
   030   DEPOT MAINTENANCE..................       114,531       114,531
   050   BASE SUPPORT.......................           500           500
 
         TOTAL, BA 01: OPERATING FORCES.....       125,925       125,925
 
 
         Total Operation and Maintenance,          125,925       125,925
          Air Force Reserve.................
 
 
 
         Operation and Maintenance, Army
          National Guard
 
         BUDGET ACTIVITY 01: OPERATING
          FORCES
 
         LAND FORCES
   010   MANEUVER UNITS.....................        89,666        89,666
   020   MODULAR SUPPORT BRIGADES...........         1,196         1,196
   030   ECHELONS ABOVE BRIGADE.............        18,360        18,360
   040   THEATER LEVEL ASSETS...............           380           380
   060   AVIATION ASSETS....................        59,357        59,357
 
 
         LAND FORCES READINESS
   070   FORCE READINESS OPERATIONS SUPPORT.        94,458        94,458
 
         LAND FORCES READINESS SUPPORT
   100   BASE OPERATIONS SUPPORT............        22,536        22,536
   120   MANAGEMENT AND OPERATIONAL HQ......        35,693        35,693
 
         TOTAL, BA 01: OPERATING FORCES.....       321,646       321,646
 
 
         Total Operation and Maintenance,          321,646       321,646
          Army National Guard...............
 
 

[[Page 123 STAT. 2805]]

 
 
         Operation and Maintenance, Air
          National Guard
 
         BUDGET ACTIVITY 01: OPERATING
          FORCES
 
         AIR OPERATIONS
   010   AIRCRAFT OPERATIONS................       103,259       103,259
   020   MISSION SUPPORT OPERATIONS.........        51,300        51,300
   030   DEPOT MAINTENANCE..................       135,303       135,303
 
         TOTAL, BA 01: OPERATING FORCES.....       289,862       289,862
 
 
 
         Total Operation and Maintenance,          289,862       289,862
          Air National Guard................
 
 
 
         Afghanistan Security Forces Fund
 
   010   INFRASTRUCTURE.....................       868,320       868,320
   020   EQUIPMENT AND TRANSPORTATION.......     1,615,192     1,615,192
   030   TRAINING AND OPERATIONS............       272,998       272,998
   040   SUSTAINMENT........................     1,945,887     1,945,887
   060   INFRASTRUCTURE.....................       605,584       605,584
   070   EQUIPMENT AND TRANSPORTATION.......       279,186       279,186
   080   TRAINING AND OPERATIONS............       648,217       648,217
   090   SUSTAINMENT........................     1,219,966     1,219,966
   120   SUSTAINMENT........................         5,919         5,919
   130   TRAINING AND OPERATIONS............         1,500         1,500
 
         TOTAL, Afghanistan Security Forces      7,462,769     7,462,769
          Fund..............................
 
 
         Pakistan Counterinsurgency
          Capability Fund
 
         INFRASTRUCTURE.....................        41,970             0
            Realigned from Defense to                          [-41,970]
            International Affairs...........
         EQUIPMENT/TRANSPORTATION...........       397,907             0
            Realigned from Defense to                         [-397,907]
            International Affairs...........
         TRAINING AND OPERATIONS............        67,953             0
            Realigned from Defense to                          [-67,953]
            International Affairs...........
         INFRASTRUCTURE.....................        73,000             0
            Realigned from Defense to                          [-73,000]
            International Affairs...........
         EQUIPMENT/TRANSPORTATION...........       107,000             0
            Realigned from Defense to                         [-107,000]
            International Affairs...........
         TRAINING AND OPERATIONS............         8,170             0
            Realigned from Defense to                           [-8,170]
            International Affairs...........
         HUMANITARIAN ASSISTANCE............         4,000             0
            Realigned from Defense to                           [-4,000]
            International Affairs...........
 
         TOTAL, Pakistan Counterinsurgency         700,000             0
          Capability Fund...................
 
 
         MISCELLANEOUS APPROPRIATIONS
   080   IRAQ FREEDOM FUND..................       115,300             0
            Program reduction...............                  [-115,300]

[[Page 123 STAT. 2806]]

 
 
         TOTAL, MISCELLANEOUS APPROPRIATIONS       115,300             0
 
         TOTAL TITLE III--OPERATION AND         89,071,566    88,257,466
          MAINTENANCE.......................
------------------------------------------------------------------------

                    TITLE XLIV--OTHER AUTHORIZATIONS

SEC. 4401. OTHER AUTHORIZATIONS.

------------------------------------------------------------------------
             OTHER AUTHORIZATIONS (In Thousands of Dollars)
-------------------------------------------------------------------------
                                             FY 2010        Conference
             Program Title                   Request        Authorized
------------------------------------------------------------------------
REVOLVING AND MANAGEMENT FUNDS
 
DEFENSE WORKING CAPITAL FUNDS
DEFENSE WORKING CAPITAL FUNDS..........         141,388          141,388
DEFENSE COMMISSARY AGENCY..............       1,313,616        1,313,616
Total, Defense Working Capital Funds...       1,455,004        1,455,004
 
NATIONAL DEFENSE SEALIFT FUND
Strategic Ship Acquisition
T-AKE..................................         940,115          940,115
MLP....................................         120,047          120,047
OUTFITTING AND POST DELIVERY...........          29,740           29,740
DoD Mobilization Assets
NATIONAL DEFENSE SEALIFT VESSEL........           1,438            1,438
LMSR MAINTENANCE.......................          96,363           96,363
DOD MOBILIZATION ALTERATIONS...........          64,167           64,167
T-AH MAINTENANCE.......................          37,627           37,627
Strategic Sealift Support
STRATEGIC SEALIFT SUPPORT..............           4,794            4,794
Sealift Research and Development
RESEARCH AND DEVELOPMENT...............          72,983           72,983
Ready Reserve Force
READY RESERVE FORCE....................         275,484          275,484
Total, National Defense Sealift Fund...       1,642,758        1,642,758
 
DEFENSE COALITION SUPPORT FUND
DEFENSE COALITION SUPPORT FUND.........          22,000                0
Total Revolving and Management Funds...       3,119,762        3,097,762
 
MILITARY PROGRAMS
 
DEFENSE HEALTH PROGRAM
DEFENSE HEALTH PROGRAM--O&M............      26,967,919       27,094,849
   TRICARE Continuation Pending                                  [4,000]
   MEDICARE Eligibility................
   Transitional Dental Care (S712).....                         [11,000]
   Pre-mobilization health care                                 [92,000]
   coverage for Reservists and their
   families............................
   Madigan Medical Center Trauma                                 [2,500]
   Assistance Program..................
   Fort Drum Regional Health Planning                              [430]
   Organization........................
   Extend Dental Coverage to Dependent                           [2,000]
   Survivors...........................
   Chiropractic Clinical Trials........                          [5,000]
   TRICARE Coverage for Gray-Area                               [10,000]
   Retirees............................
DEFENSE HEALTH PROGRAM--R&D............         613,102          616,102

[[Page 123 STAT. 2807]]

 
   USUHS Immersive, Wide Area Virtual                            [3,000]
   Environment.........................
DEFENSE HEALTH PROGRAM--PROCUREMENT....         322,142          322,142
Total Defense Health Program...........      27,903,163       28,033,093
 
CHEMICAL AGENTS AND MUNITIONS
 DESTRUCTION
CHEM DEMILITARIZATION--O&M.............       1,146,802        1,146,802
CHEM DEMILITARIZATION--RDT&E...........         401,269          401,269
CHEM DEMILITARIZATION--PROC............          12,689           12,689
 
Total Chemical Agents and Munitions           1,560,760        1,560,760
 Destruction...........................
 
DRUG INTERDICTION AND COUNTER-DRUG
 ACTIVITIES
DRUG INTERDICTION AND COUNTER-DRUG            1,058,984        1,054,234
 ACTIVITIES, DEFENSE...................
   EUCOM Interagency Fusion Centers                               [-750]
   (PC2365)............................
   PC9205 EUCOM CN Operation Support--                          [-2,000]
   excessive growth....................
   PC9206 AFRICOM CN Operational                                [-2,000]
   Support--excessive growth...........
Total Drug Interdiction and Counter-          1,058,984        1,054,234
 Drug Activities.......................
 
OFFICE OF THE INSPECTOR GENERAL
OFFICE OF THE INSPECTOR GENERAL--O&M...         271,444          287,100
   Second year growth plan.............                         [15,656]
OFFICE OF THE INSPECTOR GENERAL--                 1,000            1,000
 PROCUREMENT...........................
Total Office of the Inspector General..         272,444          288,100
 
TOTAL OTHER AUTHORIZATIONS.............      33,915,113       34,033,949
 
Memorandum: Civil Program (non-defense)
Armed Forces Retirement Home (Budget            134,000          134,000
 Function 600).........................
------------------------------------------------------------------------

SEC. 4402. OTHER AUTHORIZATIONS FOR OVERSEAS CONTINGENCY 
                          OPERATIONS.

------------------------------------------------------------------------
 OTHER AUTHORIZATIONS FOR OVERSEAS CONTINGENCY OPERATIONS (In Thousands
                               of Dollars)
-------------------------------------------------------------------------
                                                  FY 2010     Conference
                 Program Title                    Request     Authorized
------------------------------------------------------------------------
REVOLVING AND MANAGEMENT FUNDS
 
DEFENSE WORKING CAPITAL FUNDS
DEFENSE WORKING CAPITAL FUNDS.................      396,915      396,915
Total, Defense Working Capital Funds..........      396,915      396,915
 
Total Revolving and Management Funds..........      396,915      396,915
 
MILITARY PROGRAMS
 
DEFENSE HEALTH PROGRAM
DEFENSE HEALTH PROGRAM--O&M...................    1,155,235    1,256,675
   Army end strength budget amendment.........                 [101,440]
Total Defense Health Program..................    1,155,235    1,256,675
 
DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES
DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES,      324,603      356,603
 DEFENSE......................................

[[Page 123 STAT. 2808]]

 
   International Support--US CENTCOM CN                         [32,000]
   Training--Mi-17 Procurement................
Total Drug Interdiction and Counter-Drug            324,603      356,603
 Activities...................................
 
OFFICE OF THE INSPECTOR GENERAL
OFFICE OF THE INSPECTOR GENERAL--O&M..........        8,876        8,876
Total Office of the Inspector General.........        8,876        8,876
 
TOTAL OTHER AUTHORIZATIONS....................    1,885,629    2,019,069
------------------------------------------------------------------------

                    TITLE XLV--MILITARY CONSTRUCTION

SEC. 4501. MILITARY CONSTRUCTION.

----------------------------------------------------------------------------------------------------------------
                                 MILITARY CONSTRUCTION (In Thousands of Dollars)
-----------------------------------------------------------------------------------------------------------------
                                  State/Country and                                       Budget     Conference
           Account                   Installation                Project Title           Request      Agreement
----------------------------------------------------------------------------------------------------------------
                               Alabama
Army                             Anniston Army Depot      Industrial Area Elec System                      3,300
                                                          Upgrade.
ARNG                             Fort McClellan           Urban Assault Course.......        3,000         3,000
Army                             Redstone Arsenal         Gate 7 Access Control Point                      3,550
Def-Wide                         Redstone Arsenal         Missile and Space Intel                         12,000
                                                          Center Eoe Complex.
                               Alaska
Air Force                        Clear AFS                Power Plant Facility.......       24,300        24,300
Air Force                        Eielson AFB              Arctic Utilidors--phase 1..                      9,900
Air Force                        Eielson AFB              Taxiway Lighting...........                      3,450
Air Force                        Elmendorf AFB            Red Flag Alaska Add/Alter          3,100         3,100
                                                          Operations Center.
Air Force                        Elmendorf AFB            F-22 Weapons Load Training        12,600        12,600
                                                          Facility.
Def-Wide                         Elmendorf AFB            Aeromedical Services/Mental       25,017        25,017
                                                          Health Clinic.
Army                             Fort Richardson          Airborne Sustainment               6,100         6,100
                                                          Training Complex.
Army                             Fort Richardson          Training Aids Center.......        2,050         2,050
Army                             Fort Richardson          Warrior In Transition             43,000        43,000
                                                          Complex.
Army                             Fort Richardson          Combat Pistol Range........                      4,900
Def-Wide                         Fort Richardson          Health Clinic..............        3,518         3,518
Army                             Fort Wainwright          Railhead Complex...........       26,000        26,000
Army                             Fort Wainwright          Aviation Unit Operations          19,000        19,000
                                                          Complex.
Army                             Fort Wainwright          Aviation Task Force              125,000        95,000
                                                          Complex, Ph 1, Inc 1.
Army                             Fort Wainwright          Warrior In Transition             28,000        28,000
                                                          Complex.
                               Arizona
ARNG                             Camp Navajo              Combat Pistol Qualification        3,000         3,000
                                                          Course.
Air_Guard                        Davis-Monthan AFB        TFI-Predator Beddown-FOC...        5,600         5,600
Air Force                        Davis-Monthan AFB        Dormitory (144 Rm).........       20,000        20,000
Air Force                        Davis-Monthan AFB        CSAR HC-130J Simulator             8,400         8,400
                                                          Facility.
Air Force                        Davis-Monthan AFB        CSAR HC-130J Rqs Operations        8,700         8,700
                                                          Facility.
Air Force                        Davis-Monthan AFB        CSAR HC-130J Infrastructure        4,800         4,800
Army                             Fort Huachuca            UAV ER/MPER/MP.............       15,000        15,000
Army                             Fort Huachuca            Battalion Headquarters UAV.        6,000         6,000
Army                             Fort Huachuca            Fire Station, Two company..                      6,700
Milcon, Naval Res                Phoenix                  Reserve Center Move To Luke       10,986        10,986
                                                          AFB, NOSC Phoenix.
Navy                             Yuma                     Aircraft Maintenance Hanger       27,050        27,050
                                                          (phase 1).
Navy                             Yuma                     Airfield Elec. Dist. and           1,720         1,720
                                                          Contol.

[[Page 123 STAT. 2809]]

 
                               Arkansas
Air Force                        Little Rock AFB          C-130 Flight Simulator             5,800         5,800
                                                          Addition.
Air Force                        Little Rock AFB          Security Forces Operations                      10,400
                                                          Facility.
Army                             Pine Bluff Arsenal       Fuse & Detonator Magazine,        25,000        25,000
                                                          Depot Level.
                               California
Milcon, Naval Res                Alameda                  Reserve Training Center--          5,960         5,960
                                                          Alameda, Ca.
Navy                             Bridgeport               Fire Station--Renovation--         4,460         4,460
                                                          MWTC.
Navy                             Bridgeport               Mountain Warfare Training,                       6,830
                                                          Commissary.
Navy                             Camp Pendleton           Anglico Operations Complex.       25,190        25,190
Navy                             Camp Pendleton           Recon Bn Operations Complex       77,660        77,660
Navy                             Camp Pendleton           Comm/elec Maintenance             13,170        13,170
                                                          Facility.
Navy                             Camp Pendleton           Expansion Of SRTTP To 7.5         55,180        55,180
                                                          MGD.
Navy                             Camp Pendleton           North Region Tertiary            142,330       112,330
                                                          Treatment Plant (Incr 1).
Navy                             Camp Pendleton           Gas/Electrical Upgrades....       51,040        51,040
Navy                             Camp Pendleton           Recruit Barracks--School of       53,320        53,320
                                                          Infantry.
Navy                             Camp Pendleton           Enlisted Dining Facility...       32,300        32,300
Navy                             Camp Pendleton           Recruit Barracks--field/K-        23,200        23,200
                                                          span.
Navy                             Camp Pendleton           Communications Upgrades....       79,492        79,492
Navy                             Camp Pendleton           Electrical Distribution           76,950        76,950
                                                          System.
Navy                             Camp Pendleton           Operations Access Points...       12,740        12,740
Navy                             Camp Pendleton           Enlisted Dining Facility--        37,670        37,670
                                                          Edson Range.
Navy                             Camp Pendleton           BEQ........................       39,610        39,610
Navy                             Camp Pendleton           Recruit Marksmanship              13,730        13,730
                                                          Training Facility.
Navy                             Camp Pendleton           Expand Combat Aircraft            12,240        12,240
                                                          Loading Apron.
Navy                             Camp Pendleton           Aviation Transmitter/             13,560        13,560
                                                          Receiver Site.
Navy                             Camp Pendleton           WFTBN Support Facilities...       15,780        15,780
USAR                             Camp Pendleton           Army Reserve Center........       19,500        19,500
Def-Wide                         Coronado                 SOF Close Quarters Combat         15,722        15,722
                                                          Training Facility.
Navy                             Edwards AFB              Edwards Ramp Extension.....        3,007         3,007
Def-Wide                         El Centro                Aircraft Direct Fueling           11,000        11,000
                                                          Station.
Army                             Fort Irwin               Mout Assault Course, Ph 4..        9,500         9,500
Air_Guard                        Fresno Yosemite IAP      144th Squadron Operations                        9,800
                                 ANG                      Facility.
ARNG                             Los Alamitos             Readiness Center Ph1.......       31,000        31,000
USAR                             Los Angeles              Army Reserve Center........       29,000        29,000
Air Force                        Los Angeles AFB          Consolidated Parking Area,                       8,000
                                                          Ph1.
AF Reserve                       March ARB                Small Arms Firing Range....                      9,800
Navy                             Miramar                  Aircraft Parking Apron             9,280         9,280
                                                          Modification.
Navy                             Monterey NSA             Marine Meteorology Center..                     10,240
Def-Wide                         Point Loma Annex         Replace Fuel Storage Fac          92,300        92,300
                                                          Incr 2.
Navy                             Point Loma Annex         Alter/Add Marine Mammal                          2,330
                                                          Surgical Center.
Navy                             Point Loma Annex         Public Works Shops                 8,730         8,730
                                                          Consolidation.
Navy                             San Diego                Messhall Expansion.........       23,590        23,590
Air_Guard                        Socal Logistics          TFI-Predator Beddown--FTU/         8,400         8,400
                                 Airport                  LRE Site.
Air Force                        Travis AFB               Construct Kc-10 Cargo Load         6,900         6,900
                                                          Training Facility.
Air Force                        Travis AFB               Taxiway M Bypass Load......                      6,000
Def-Wide                         Travis AFB               Replace Fuel Distribution         15,357        15,357
                                                          System.
Navy                             Twentynine Palms         Station Comm Facility and         49,040        49,040
                                                          Infrastructure.
Navy                             Twentynine Palms         Sub-Station and Electrical        31,310        31,310
                                                          Upgrades.
Navy                             Twentynine Palms         Elec. Infra. Upgrade--            46,220        46,220
                                                          34.5kv To 115kv.
Navy                             Twentynine Palms         Elec. Power Plant/CO--GEN/        53,260        53,260
                                                          Gas Turbine--n.
Navy                             Twentynine Palms         Water Improvements and            30,610        30,610
                                                          Storage Tank.
Navy                             Twentynine Palms         Sewage System Imp. and Lift        5,800         5,800
                                                          Station.
Navy                             Twentynine Palms         HTHW/chilled Water System..       25,790        25,790
Navy                             Twentynine Palms         Natural Gas System                19,990        19,990
                                                          Extension.
Navy                             Twentynine Palms         Industrial Waste Water             3,330         3,330
                                                          Pretreatment Sys..
Navy                             Twentynine Palms         Laydown Site Work--north          21,740        21,740
                                                          mainside.
Navy                             Twentynine Palms         Secondary elec.dist.--north       31,720        31,720
                                                          mainside.
Navy                             Twentynine Palms         Construct Loads--north            29,360        29,360
                                                          mainside.

[[Page 123 STAT. 2810]]

 
Navy                             Twentynine Palms         Maint. Shop--wheeled.......       16,040        16,040
Navy                             Twentynine Palms         Maint. Sunshades-- wheeled.       12,580        12,580
Navy                             Twentynine Palms         Comm/Elect Maint/Storage...       12,660        12,660
Navy                             Twentynine Palms         Dining Facility--north            17,200        17,200
                                                          mainside.
Navy                             Twentynine Palms         BEQ........................       37,290        37,290
Navy                             Twentynine Palms         Maint. Shop--tracked.......       19,780        19,780
Navy                             Twentynine Palms         BEQ........................       37,290        37,290
Navy                             Twentynine Palms         Consolidated Armory-- tanks       12,670        12,670
Air Force                        Vandenberg AFB           Child Development Center...       13,000        13,000
                                 Colorado
Air_Guard                        Buckley Ang Base         Add/Alter Weapons Release..                      4,500
USAR                             Colorado Springs         Army Reserve Center/land...       13,000        13,000
Army                             Fort Carson              Training Aids Center.......       18,500        18,500
Army                             Fort Carson              Brigade Complex............       69,000        69,000
Army                             Fort Carson              Brigade Complex, Ph 1......      102,000
Army                             Fort Carson              Railroad Tracks............       14,000        14,000
Army                             Fort Carson              Warrior In Transition (WT)        56,000        56,000
                                                          Complex.
Army                             Fort Carson              Automated Qualification           11,000        11,000
                                                          Training Range.
Army                             Fort Carson              Modified Record Fire Range.        4,450         4,450
Army                             Fort Carson              Automated Multipurpose             7,400         7,400
                                                          Machine Gun Range.
Army                             Fort Carson              Scout/recce Gunnery Complex       16,000        16,000
Army                             Fort Carson              Urban Assault Course.......        3,100         3,100
Army                             Fort Carson              Convoy Live Fire Range.....        6,500         6,500
Army                             Fort Carson              Commissary.................       35,000        35,000
Army                             Fort Carson              Barracks & dining,                60,000        60,000
                                                          Increment 2.
Def-Wide                         Fort Carson              SOF Battalion Ops Complex..       45,200        45,200
Def-Wide                         Fort Carson              SOF Military Working Dog           3,046         3,046
                                                          Facility.
Def-Wide                         Fort Carson              Health and Dental Clinic...       52,773        31,900
Air Force                        Peterson AFB             East Gate Realignment......                      7,200
Air Force                        Peterson AFB             C-130 Squad Ops/AMU (TFI)..        5,200         5,200
Air Force                        Peterson AFB             National Security Space           19,900        19,900
                                                          Institute.
Chem Demil                       Pueblo Depot             Ammunition Demilitarization       92,500        92,500
                                                          Facility, Ph XI.
AF Reserve                       Schriever AFB            Wing Headquarters..........       10,200        10,200
Air Force                        U.S. Air Force Academy   Add To Cadet Fitness Center       17,500        17,500
                               Connecticut
Air_Guard                        Bradley National         CNAF Beddown Upgrade                             9,000
                                 Airport                  Facilities.
USAR                             Bridgeport               Army Reserve Center/land...       18,500        18,500
Navy                             New London NSB           Mk-48 Torpedo Magazine.....                      6,570
                               Delaware
Air Force                        Dover AFB                C-5 Cargo Aircraft maint           5,300         5,300
                                                          Training Facility P1.
Air Force                        Dover AFB                Consol Comm Fac............       12,100        12,100
Air Force                        Dover AFB                Chapel Center..............                      7,500
                               Florida
Navy                             Blount Island            Port Operations Facility...        3,760         3,760
Air Force                        Eglin AFB                F-35 Duke Control Tower....        3,420         3,420
Air Force                        Eglin AFB                Construct Dormitory (96 rm)       11,000        11,000
Air Force                        Eglin AFB                F-35 Pol Ops Facility......        3,180         5,236
Air Force                        Eglin AFB                F-35 Hydrant Refueling             8,100        14,308
                                                          System Phase 1.
Air Force                        Eglin AFB                F-35 Parallel Taxiway              1,440         2,371
                                                          lAdder.
Air Force                        Eglin AFB                F-35 JPS Flightline                5,400         8,892
                                                          fillstands.
Air Force                        Eglin AFB                F-35 JP-8 West Side bulk             960         1,581
                                                          Fuel Tank Upgrades.
Air Force                        Eglin AFB                F-35 Live Ordinance Load           9,900         9,900
                                                          Facility.
Air Force                        Eglin AFB                F-35 A/C Parking Apron.....       16,400        27,652
Army                             Eglin AFB                Operations Complex, Ph 3...       80,000        80,000
Army                             Eglin AFB                Indoor Firing Range........        8,900         8,900
Army                             Eglin AFB                Live Fire Exercise                 8,000         8,000
                                                          Shoothouse.
Army                             Eglin AFB                Live Fire Exercise Breach          4,950         4,950
                                                          Facility.
Army                             Eglin AFB                Non-standard Small Arms            3,400         3,400
                                                          range.
Army                             Eglin AFB                Grenade Launcher Range.....        1,600         1,600
Army                             Eglin AFB                Hand Grenade Qualification         1,400         1,400
                                                          Course.
Army                             Eglin AFB                Urban Assault Course.......        2,700         2,700

[[Page 123 STAT. 2811]]

 
Army                             Eglin AFB                Anti-armor, Tracking & Live        3,400         3,400
                                                          Fire Range.
Army                             Eglin AFB                Automated Qualification/          12,000        12,000
                                                          Training Range.
Army                             Eglin AFB                Light Demolition Range.....        2,200         2,200
Army                             Eglin AFB                Basic 10m-25m Firing range         3,050         3,050
                                                          (zero).
Def-Wide                         Eglin AFB                SOF Military Working Dog           3,046         3,046
                                                          Facility.
Navy                             Eglin AFB                F-35 Hydrant Refueling sys,        6,208
                                                          Ph 1.
Navy                             Eglin AFB                F-35 Parallel Taxiway                931
                                                          ladder.
Navy                             Eglin AFB                F-35 A/C Parking Apron.....       11,252
Navy                             Eglin AFB                Bachelor Enlisted Quarters,       26,287        26,287
                                                          EOD School, Phase.
Navy                             Eglin AFB                F-35 JP8 West Side Bulk              621
                                                          Tank Upgrades.
Navy                             Eglin AFB                F-35 Pol Operations                2,056
                                                          Facility (Eglin).
Navy                             Eglin AFB                F-35 JP8 Flightline                3,492
                                                          Fillstands (Eglin).
Army                             Eglin AFB (Camp          Elevated Water Storage Tank                      1,200
                                 Rudder)
Air Force                        Hurlburt Field           Refueling Vehicle                  2,200         2,200
                                                          Maintenance Facility.
Air Force                        Hurlburt Field           Electrical Distribution            8,300         8,300
                                                          Substation.
Air Force                        Hurlburt Field           Flight Test Opns Fac (413                        9,400
                                                          Flts).
Def-Wide                         Hurlburt Field           SOF Simulator Facility for         8,156         8,156
                                                          Mc-130 (recap).
Navy                             Jacksonville             P-8/MMA Facilities                 5,917         5,917
                                                          Modification.
Def-Wide                         Jacksonville IAP         Replace Jet Fuel Storage          11,500        11,500
                                                          Complex.
Air Force                        Macdill AFB              Dormitory (120 Room).......       16,000        16,000
Air Force                        Macdill AFB              Child Development Center...        7,000         7,000
Air Force                        Macdill AFB              Centcom Commandant Facility       15,300        15,300
Air Force                        Macdill AFB              Consolidated Commo Facility                     21,000
Navy                             Mayport                  Fitness Ctr................                     26,360
Navy                             Mayport                  Wharf Charlie Repair.......       29,682        29,682
Navy                             Mayport                  Channel Dredging...........       46,303        46,303
Army                             Miami Doral              Southcom Headquarters, incr       55,400        55,400
                                                          3.
USAR                             Panama City              Army Reserve Center/land...        7,300         7,300
Air Force                        Patrick AFB              Combat Weapons Training                          8,400
                                                          Facility.
Navy                             Pensacola                Corry ``A'' School bachelor       22,950        22,950
                                                          Enlisted Quarters R.
Navy                             Pensacola                Simulator Addition For umfo        3,211         3,211
                                                          Program.
USAR                             West Palm Beach          Army Reserve Center/land...       26,000        26,000
Navy                             Whiting Field            T-6B JPATS Trng. Ops               4,120         4,120
                                                          Paraloft Facility.
                               Georgia
Navy                             Albany MCLB              Wpns Maint Hardstand Fac...                      4,870
USAR                             Atlanta                  Army Reserve Center/land...       14,000        14,000
Army                             Fort Benning             Combined Arms Collective          10,800        10,800
                                                          Training Facility.
Army                             Fort Benning             Fire and Movement Range....        2,800         2,800
Army                             Fort Benning             Battle Lab.................       30,000        30,000
Army                             Fort Benning             Training Area Tank Trails..        9,700         9,700
Army                             Fort Benning             Training Battalion Complex.       38,000        38,000
Army                             Fort Benning             Dining Facility............       15,000        15,000
Army                             Fort Benning             Warrior In Transition (WT)        53,000        53,000
                                                          Complex.
Army                             Fort Benning             Training Battalion Complex,       31,000        31,000
                                                          Ph 1.
Army                             Fort Benning             Training Battalion Complex,       31,000        31,000
                                                          Ph 1.
Army                             Fort Benning             Trainee Barracks Complex,         74,000        74,000
                                                          Ph 1.
ARNG                             Fort Benning             Readiness Center...........       15,500        15,500
Def-Wide                         Fort Benning             Wilson Es Construct                2,330         2,330
                                                          Gymnasium.
Def-Wide                         Fort Benning             SOF Expand Battalion               3,046         3,046
                                                          Headquarters.
Def-Wide                         Fort Benning             Blood Donor Center                12,313        12,313
                                                          Replacement.
Def-Wide                         Fort Benning             Dental Clinic..............        4,887         4,887
Army                             Fort Gillem              Forensic Lab...............       10,800        10,800
Army                             Fort Stewart             Brigade Complex............       93,000        48,000
Army                             Fort Stewart             Automated Sniper Field Fire        3,400         3,400
                                                          Range.
Army                             Fort Stewart             Warrior In Transition (WT)        49,000        49,000
                                                          Complex.
Army                             Fort Stewart             Barracks & Dining,                80,000        80,000
                                                          Increment 2.
Def-Wide                         Fort Stewart             New Elementary School......       22,502
Def-Wide                         Fort Stewart             New Elementary School......       22,501        22,501
Def-Wide                         Fort Stewart             Health and Dental Clinic...       26,386        22,200
ARNG                             Hunter Army Airfield     Aviation Readiness Center..                      8,967
Air Force                        Moody AFB                Rescue Opns/maint HQ Fac...                     10,000

[[Page 123 STAT. 2812]]

 
Air Force                        Warner Robins AFB        Hot Cargo Pad/taxiway......                      6,200
                               Hawaii
Def-Wide                         Ford Island              Pacific Operations Facility        9,633         9,633
                                                          Upgrade.
Air Force                        Hickam AFB               Ground Control Tower.......                      4,000
Air_Guard                        Hickam AFB               TFI--F-22 LO/composite            26,000        26,000
                                                          repair Facility.
Air_Guard                        Hickam AFB               TFI--F-22 Parking Apron and        7,000         7,000
                                                          Taxiways.
Navy                             Navsta Pearl Harbor      Production Services Support                     25,070
                                                          Facility.
Navy                             Oahu                     Range, 1000 - Puuloa.......        5,380         5,380
Navy                             Pearl Harbor             Pacflt Sub Drive-in Mag            8,645         8,645
                                                          Silencing Fac (inc).
Navy                             Pearl Harbor             APCSS Conference &                12,775        12,775
                                                          Technology Learning Center.
Navy                             Pearl Harbor             Missile Magazines (5), West       22,407        22,407
                                                          Loch.
Army                             Schofield Barracks       Vehicle Maintenance Shop...       63,000        63,000
Army                             Schofield Barracks       Vehicle Maintenance Shop...       36,000        36,000
Army                             Schofield Barracks       Warrior In Transition (WT)        55,000        55,000
                                                          Barracks.
Army                             Schofield Barracks       Warrior In Transition             30,000        30,000
                                                          Complex.
Air Force                        Wheeler AAF              Construct ASOC Complex.....       15,000        15,000
Army                             Wheeler AAF              Regional SATCOM Information        7,500         7,500
                                                          Center.
                               Idaho
ARNG                             Gowen Field              Combined Arms Collective          16,100        16,100
                                                          Training Facility.
Air Force                        Mountain Home AFB        Logistics Readiness Center.       20,000        20,000
                               Illinois
USAR                             Chicago                  Army Reserve Center........       23,000        23,000
Milcon, Naval Res                Joliet Army Ammo Plant   Reserve Training Center--          7,957         7,957
                                                          Joliet, Il.
Air_Guard                        Lincoln Capital          Security Improv--Relocate                        3,000
                                 Airport                  Entrance.
ARNG                             Milan                    Readiness Center...........                      5,600
Air Force                        Scott AFB                Aeromedical Evac Facility..                      7,400
                               Indiana
ARNG                             Muscatatuck              Combined Arms Collective          10,100        10,100
                                                          Training Facility Ph.
Navy                             Naval Support Activity   Strategic Weapons Systems                       13,710
                                 Crane                    Engineering Facility.
                               Iowa
ARNG                             Camp Dodge               US Property and Fiscal                           4,000
                                                          Office.
Air_Guard                        Des Moines               Des Moines Alt Security                          4,600
                                                          Forces Fac.
                               Kansas
Army                             Fort Riley               Training Aids Center.......       15,500        15,500
Army                             Fort Riley               Advanced Waste Water              28,000        28,000
                                                          Treatment Plant.
Army                             Fort Riley               Igloo Storage, Installation        7,200         7,200
Army                             Fort Riley               Brigade Complex............       49,000        49,000
Army                             Fort Riley               Battalion Complex..........       59,000        59,000
Army                             Fort Riley               Land Vehicle Fueling               3,700         3,700
                                                          Facility.
Army                             Fort Riley               Estes Load Access Control                        6,100
                                                          Point.
Air_Guard                        McConnell AFB            TFI-Upgrade DCGS...........                      8,700
ARNG                             Salina Army NG           Taxiway Alterations........                      2,227
                                 Aviation Facility
                               Kentucky
Chem Demil                       Blue Grass Army Depot    Ammunition Demilitarization       54,041        54,041
                                                          Ph X.
Chem Demil                       Blue Grass Army Depot    Blue Grass Army Depot Chem                       5,000
                                                          Demil Project.
Army                             Fort Campbell            Installation Chapel Center.                     14,400
Def-Wide                         Fort Campbell            5th SFG Language                                 6,800
                                                          Sustainment Trng Fac.
Def-Wide                         Fort Campbell            SOF Battalion Operations          29,289        29,289
                                                          Complex.
Def-Wide                         Fort Campbell            SOF Military Working Dog           3,046         3,046
                                                          Facility.
Def-Wide                         Fort Campbell            Health Clinic..............        8,600         8,600
Army                             Fort Knox                Warrior In Transition (WT)        70,000        70,000
                                                          Complex.
                               Louisiana
Air Force                        Barksdale Air Force      Phase Five Ramp                                 12,800
                                 Base                     Replacement--Aircraft Apron.

[[Page 123 STAT. 2813]]

 
Army                             Fort Polk                Multipurpose Machinegun                          6,400
                                                          Range.
Army                             Fort Polk                Warrior In Transition (WT)        32,000        32,000
                                                          Complex.
Army                             Fort Polk                Land Purchases.............       17,000        17,000
                                 Maine
Air_Guard                        Bangor IAP               Replace Aircraft Maint            28,000        28,000
                                                          Hanger/shops.
Navy                             Portsmouth Naval         Gate 2 Security                                  7,090
                                 Shipyard                 Improvements.
                               Maryland
Army                             Aberdeen PG              Analytical Chem Wing--                          15,500
                                                          Advanced Chem Lab.
Def-Wide                         Aberdeen PG              USAMRICD Replacement, inc I      111,400       111,400
Air Force                        Andrews AFB              Replace Munitions Storage          9,300         9,300
                                                          Area.
Air_Guard                        Andrews AFB              Rpl Munitions maintenance         14,000        14,000
                                                          and Storage Complex.
Navy                             Carderock Nswc Det       RDTE Support Facility, ph2.                      6,520
Army                             Fort Detrick             ATL Auditorium & Tng Cntr                        7,400
                                                          Expand.
Army                             Fort Detrick             Satellite Communications          18,000        18,000
                                                          Center.
Army                             Fort Detrick             Satellite Communications          21,000        21,000
                                                          Facility.
Def-Wide                         Fort Detrick             Boundary Gate At Nalin Pond       10,750        10,750
Def-Wide                         Fort Detrick             Emergency Service Center...       16,125        16,125
Def-Wide                         Fort Detrick             USAMRIID Stage I, Inc IV...      108,000       108,000
Def-Wide                         Fort Detrick             Nibc Truck Inspection              2,932         2,932
                                                          Station & RLoad.
Army                             Fort Meade               Intersection, Rockenbach Rd                      2,350
                                                          & Cooper Ave.
Def-Wide                         Fort Meade               South Campus Utility Plant       175,900       175,900
                                                          Ph 2.
Def-Wide                         Fort Meade               NSAW Campus Chilled Water         19,100        19,100
                                                          Backup.
Def-Wide                         Fort Meade               Mission Support--PSAT......        8,800         8,800
Navy                             Patuxent River NAS       Special Commo Rqts Eng                          11,043
                                                          Facility.
                               Massachusetts
Air_Guard                        Barnes ANGB              F-15 Aircraft Ready                              8,100
                                                          Shelters.
ARNG                             Hanscom AFB              Armed Forces Reserve Center       29,000        29,000
                                                          (JFHQ).
Air_Guard                        Otis Air National        Composite Operations and                        12,800
                                 Guard Base               Training Facility.
                               Michigan
Air_Guard                        Alpena CRTC              Replace Troop Quarters.....                      8,900
Air_Guard                        Battle Creek ANG Base    CNAF Bed Down Facilities...                     14,000
ARNG                             Fort Custer              Org Maint Shop (ADRS)......                      7,732
Air_Guard                        Selfridge ANG Base       A-10 Squad Operations                            7,100
                                                          Facility.
                               Minnesota
ARNG                             Arden Hills              Readiness Center Ph2.......        6,700         6,700
ARNG                             Camp Ripley              Urban Assault Course.......        1,710         1,710
Def-Wide                         Duluth IAP               Jet Fuel Stoarge Complex...       15,000        15,000
USAR                             Fort Snelling            Army Reserve Center........       12,000        12,000
                                 (Minneapolis)
Air_Guard                        Minn/St. Paul IAP        Minnesota Starbase Facility                      1,900
                                 133rd AW Base            Alteration.
                               Mississippi
ARNG                             Camp Shelby              Combined Arms Collective          16,100        16,100
                                                          Tng Fac Add/alt.
Air Force                        Columbus AFB             Aircraft Fuel Systems Maint                      9,800
                                                          Dock.
Air_Guard                        Gulfport-biloxi RA       Relocate Base Entrance.....                      6,500
AF Reserve                       Keesler AFB              Aerial Port Squadron               9,800         9,800
                                                          Facility.
ARNG                             Monticello               Monticello National guard                       14,350
                                                          Readiness Center.
                               Missouri
ARNG                             Boonville                Readiness Center Add/alt...        1,800         1,800
Army                             Fort Leonard Wood        Automated-aided Instruction       27,000        27,000
                                                          Facility.
Army                             Fort Leonard Wood        Wheeled Vehicle Drivers           17,500        17,500
                                                          Course.
Army                             Fort Leonard Wood        Warrior In Transition             19,500        19,500
                                                          Complex.

[[Page 123 STAT. 2814]]

 
Army                             Fort Leonard Wood        Transient Advanced Trainee        99,000        99,000
                                                          Barracks, Ph 1.
Army                             Fort Leonard Wood        Health Clinic..............                      7,800
Def-Wide                         Fort Leonard Wood        Dental Clinic Addition.....        5,570         5,570
Air_Guard                        Rosecrans Memorial       Replace Fire/crash rescue                        9,300
                                 Airport                  Station Phase I.
Air Force                        Whiteman AFB             EOD Opns Complex...........                      7,400
Air Force                        Whiteman AFB             Land Acquisition North &                         5,500
                                                          South Bdry.
                               Montana
Air Force                        Malmstrom AFB            Upgrade Weapons Storage                         10,600
                                                          Area.
                               Nebraska
ARNG                             Lincoln                  Armed Forces Reserve Center       23,000        23,000
                                                          (JFHQ).
Air_Guard                        Lincoln Map              Joint Forces Operations            1,500         1,500
                                                          Center--ANG Share.
Air Force                        Offutt AFB               STRATCOM Gate..............                     10,400
                               Nevada
ARNG                             Carson City              National Guard Energy                            2,000
                                                          Sustainable Projects.
Air Force                        Creech AFB               UAS AT/FP Security Updates.        2,700         2,700
Navy                             Naval Air Station        Warrior Physical Training                       10,670
                                 Fallon                   Facility.
ARNG                             North Las Vegas          Readiness Center...........       26,000        26,000
Air_Guard                        Reno, NV                 NV Air National Guard Fire                      10,800
                                                          Station Replacement.
                               New Hampshire
Air_Guard                        Pease ANGB               Replace Squadron Operations                     10,000
                                                          Facilities.
                               New Jersey
Air Force                        McGuire AFB              Warfighter & Family Sup                          7,900
                                                          Cntr.
Air_Guard                        McGuire AFB              108th Air Refuel Wng, Base                       9,700
                                                          Civil Eng Complex.
Army                             Picatinny Arsenal        Ballistic Eval Facility, Ph                     10,200
                                                          2.
Air Force                        Cannon AFB               WB--Consolidated                  15,000        15,000
                                                          Communication Fac.
                               New Mexico
Def-Wide                         Cannon AFB               SOF Fuel Cell Hanger (MC-         41,269        41,269
                                                          130).
Def-Wide                         Cannon AFB               SOF AMU Addition (CV-22)...       11,595        11,595
Def-Wide                         Cannon AFB               SOF Ac-130 Load Out Apron                        6,000
                                                          Ph1.
Air Force                        Holloman AFB             F-22a Consolidated                 5,500         5,500
                                                          Munitions Maint (TFI).
Air Force                        Holloman AFB             Fire-crash Rescue Station..                     10,400
Air Force                        Holloman AFB             UAS Field Training Complex.                     37,500
Air Force                        Kirtland AFB             Add To Space RDT&E Opns                          5,800
                                                          Cntr.
Air Force                        Kirtland AFB             MC-130J Simulator Facility.        8,000         8,000
Air Force                        Kirtland AFB             HC-130J Simulator Facility.        8,700         8,700
ARNG                             Santa Fe                 Army Aviation Support             39,000        39,000
                                                          Facility.
                               New York
Army                             Fort Drum                All Wx Marksmanship                              8,200
                                                          Facility.
Army                             Fort Drum                Water System Expansion.....        6,500         6,500
Army                             Fort Drum                Barracks...................       57,000        57,000
Army                             Fort Drum                Warrior In Transition             21,000        21,000
                                                          Complex.
AF Reserve                       Niagra Falls ARB         Indoor Small Arms Range....                      5,700
USAR                             Rochester                Army Reserve Center/land...       13,600        13,600
Air_Guard                        Wheeler Sack AAF         TFI-reaper LRE Beddown.....                      2,700
                               North Carolina
Def-Wide                         Camp Lejeune             SOF Academic Instruction          11,791        11,791
                                                          Facility Expansion.
Navy                             Camp Lejeune             Maintenance/OPS Complex....       52,390        52,390
Navy                             Camp Lejeune             BEQ--Wallace Creek.........       34,160        34,160
Navy                             Camp Lejeune             Utility Expansion--               56,280        56,280
                                                          Courthouse Bay.
Navy                             Camp Lejeune             SOI-east Facilities--Camp         56,940        56,940
                                                          Geiger.
Navy                             Camp Lejeune             Field Training fac.--Devil        37,170        37,170
                                                          Dog - SOI.
Navy                             Camp Lejeune             Road Network--Wallace creek       15,130        15,130
Navy                             Camp Lejeune             MP Working Dog Kennel--            8,370         8,370
                                                          relocation.
Navy                             Camp Lejeune             Consolidated Info tech/           46,120        46,120
                                                          telecom Complex.
Navy                             Camp Lejeune             New Base Entry Point and          79,150        79,150
                                                          Road (phase 1).

[[Page 123 STAT. 2815]]

 
Navy                             Camp Lejeune             BEQ--Wallace Creek.........       43,480        43,480
Navy                             Camp Lejeune             BEQ--Wallace Creek.........       44,390        44,390
Navy                             Camp Lejeune             BEQ--Wallace Creek.........       44,390        44,390
Navy                             Camp Lejeune             BEQ--Wallace Creek.........       42,110        42,110
Navy                             Camp Lejeune             Pre-trial Detainee Facility       18,580        18,580
Navy                             Camp Lejeune             Physical Fitness Center....       39,760        39,760
Navy                             Camp Lejeune             4th Infantry Battalion Ops        55,150        55,150
                                                          Complex.
Navy                             Cherry Point MCAS        Ordnance Magazines.........       12,360        12,360
Navy                             Cherry Point MCAS        EMS/fire Vehicle Facility..       10,600        10,600
ARNG                             East Flat Rock           Readiness Center Add/alt...                      2,516
Army                             Fort Bragg               Vehicle Maintenance Shop...       19,500        19,500
Army                             Fort Bragg               Simulations Center.........       50,000        50,000
Army                             Fort Bragg               Vehicle Maintenance Shop...       17,500        17,500
Army                             Fort Bragg               Company Operations Facility        3,300         3,300
Army                             Fort Bragg               Transient Training Barracks       16,500        16,500
                                                          Complex.
Army                             Fort Bragg               Automated Sniper Field Fire                      3,450
                                                          Range.
Army                             Fort Bragg               Automated Multipurpose             4,350         4,350
                                                          Machine Gun.
ARNG                             Fort Bragg               TUAS Support Facility......                      6,038
Def-Wide                         Fort Bragg               Albritton JHS Addition.....        3,439         3,439
Def-Wide                         Fort Bragg               Special Ops Prep &                24,600        24,600
                                                          Conditioning Course.
Def-Wide                         Fort Bragg               SOF Battalion & Company HQ.       15,500        15,500
Def-Wide                         Fort Bragg               SOF Operations Support            13,756        13,756
                                                          Addition.
Def-Wide                         Fort Bragg               SOF Military Working Dog           1,125         1,125
                                                          Facility.
Def-Wide                         Fort Bragg               SOF Battalion Headquarters        13,000        13,000
                                                          Facility.
Def-Wide                         Fort Bragg               SOF Operations Addition           27,513        27,513
                                                          North.
Def-Wide                         Fort Bragg               SOF TUAV Hanger............        2,948         2,948
Def-Wide                         Fort Bragg               SOF Military Working Dog           3,046         3,046
                                                          Facility.
Def-Wide                         Fort Bragg               Consolidated Health Clinic.       26,386        26,386
Def-Wide                         Fort Bragg               Health Clinic..............       31,272        31,272
Navy                             New River                Apron Expansion (phase 2)..       35,600        35,600
Navy                             New River                VMMT-204 Maintenance              28,210        28,210
                                                          Hanger--phase 3.
Navy                             New River                Parallel Taxiway...........       17,870        17,870
Navy                             New River                Tactical Support Van Pad           5,490         5,490
                                                          Addition.
Navy                             New River                Gymnasium/outdoor Pool.....       19,920        19,920
Air Force                        Pope AFB                 Pope AFB Air Traffic                             9,000
                                                          Control Tower.
Air Force                        Seymour Johnson AFB      Radar Approach Control                           6,900
                                                          Complex, Ph1.
Army                             Sunny Point Mot          Towers.....................        3,900         3,900
Army                             Sunny Point Mot          Lightning Protection System       25,000        25,000
                               North Dakota
Air Force                        Grand Forks AFB          Consolidated Security                           12,000
                                                          Forces Facility.
Air Force                        Minot AFB                Munitions Trailer Storage          1,500         1,500
                                                          Facility.
Air Force                        Minot AFB                Missile Procedures Trng           10,000        10,000
                                                          Operations.
                               Ohio
USAR                             Cincinnati               Army Reserve Center/land...       13,000        13,000
Air_Guard                        Mansfield Lahm Airport   TFI--Red Horse Squadron           11,400        11,400
                                                          Beddown.
Air Force                        Wright-Patterson AFB     Info Tech Complex Ph 1.....       27,000        27,000
Air Force                        Wright-Patterson AFB     Conversion For Advanced           21,000        21,000
                                                          Power Research Lab.
Air Force                        Wright-Patterson AFB     Replace West Ramp, phase I.                     10,600
                               Oklahoma
Air Force                        Altus AFB                Repair Taxiways............       20,300        20,300
Def-Wide                         Altus AFB                Replace Upload Facility....        2,700         2,700
Army                             Fort Sill                Automated Infantry Squad           3,500         3,500
                                                          Battle Course.
Army                             Fort Sill                Barracks...................       65,000        65,000
Army                             Fort Sill                Warrior In Transition             22,000        22,000
                                                          Complex.
Def-Wide                         Fort Sill                Dental Clinic..............       10,554        10,554
Army                             McAlester                High Explosive Magazine,           1,300         1,300
                                                          Depot Level.
Army                             McAlester                General Purpose Storage           11,200        11,200
                                                          Building.
Air Force                        Tinker AFB               T-9 Noise Suppressor.......                      5,200
Air Force                        Tinker AFB               Building 3001 Hanger Door..       13,037        13,037

[[Page 123 STAT. 2816]]

 
Air Force                        Vance AFB                Control Tower..............                     10,700
Air_Guard                        Will Rogers World        TFI--Air Supt Opers Sqdn           7,300         7,300
                                 Airport                  (ASOS) Beddn.
                               Oregon
ARNG                             Clatsop County,          Camp Rilea Infrastructure                        3,369
                                 Warrenton                (Water Supply System).
ARNG                             Polk County              Readiness Center...........                     12,100
                               Pennsylvania
USAR                             Ashley                   Army Reserve Center........        9,800         9,800
FH Con DW                        Def Distro Depot         Def Distribution Depot New         2,859         2,859
                                                          Cumberland.
USAR                             Harrisburg               Army Reserve Center........        7,600         7,600
USAR                             Newton Square            Army Reserve Center/land...       20,000        20,000
AF Reserve                       Pittsburgh AFR Base      Visiting Quarters Phase 1..                     12,400
USAR                             Uniontown                Army Reserve Center/land...       11,800        11,800
                               Rhode Island
Navy                             Newport                  Officer Training Command          45,803        45,803
                                                          Quarters.
Navy                             Newport                  Renovate of Senior Enlisted                     10,550
                                                          Academy.
Navy                             Newport                  Renovate Perry Hall........                      8,530
                               South Carolina
Navy                             Beaufort                 Widebody Aircraft Fuel Lane        1,280         1,280
Milcon, Naval Res                Charleston               Reserve Vehicle Maintenance        4,240         4,240
                                                          Facility.
Army                             Charleston NWS           Staging Area...............        4,100         4,100
Army                             Charleston NWS           Railroad Tracks............       12,000        12,000
Army                             Charleston NWS           Pier and Loading/Unloading         5,700         5,700
                                                          Ramps.
ARNG                             Eastover                 Army Aviation Support             26,000        26,000
                                                          Facility Add/Alt.
Army                             Fort Jackson             Advanced Skills Trainee           32,000        32,000
                                                          Barracks.
Army                             Fort Jackson             Modified Record Fire Range.        3,600         3,600
Army                             Fort Jackson             Training Battalion Complex.       66,000        66,000
Army                             Fort Jackson             Infiltration Course........        1,900         1,900
ARNG                             Greenville               Army Aviation Support             40,000        40,000
                                                          Facility.
Air_Guard                        McEntire JNGB            Joint Force headquarters                         1,300
                                                          Building.
Navy                             Parris Island            Electrical SubStation and          6,972         6,972
                                                          Improvements.
Air Force                        Shaw AFB                 Add/Alter USAFCENT HQ......                     21,183
                               South Dakota
ARNG                             Camp Rapid               Joint Force HQ Readiness                         7,890
                                                          Center Supplement.
ARNG                             Camp Rapid               Troop Medical Clinic                             1,950
                                                          Addition and Alteration.
Air Force                        Ellsworth AFB            Add/Alter Deployment Center                     14,500
Air_Guard                        Joe Foss Field           Add and Alter Munitions                          1,300
                                                          Maintenance Complex.
Air_Guard                        Joe Foss Field           Above Ground Multi-cubicle                       1,300
                                                          Magazine Storage.
                               Tennessee
Air_Guard                        164 AirLift Wing, Mem    164th AirLift Wing ANG Eng                       9,800
                                                          Maint Trng Fac.
                               Texas
ARNG                             Austin                   Armed Forces Reserve Center       16,500        16,500
ARNG                             Austin                   Field Maintenance Shop,            5,700         5,700
                                                          joint.
USAR                             Austin                   Armed Forces Reserve Center/      20,000        20,000
                                                          AMSA.
USAR                             Bryan                    Army Reserve Center........                     12,200
Navy                             Corpus Christi           Operational Facilities for        19,764        19,764
                                                          T-6.
Air Force                        Dyess AFB                C-130J Alter Hanger........        4,500         4,500
Army                             Fort Bliss               Vehicle Maintenance Shop...       16,000        16,000
Army                             Fort Bliss               Brigade Staging Area              14,800        14,800
                                                          Complex.
Army                             Fort Bliss               Digital Multipurpose Range        45,000        45,000
                                                          Complex.
Army                             Fort Bliss               Fire and Military Police          16,500        16,500
                                                          Stations.
Army                             Fort Bliss               Aircraft Fuel Storage......       10,800        10,800
Army                             Fort Bliss               Vehicle Maintenance Shop...       20,000        20,000
Army                             Fort Bliss               Automated Sniper Field Fire        4,250         4,250
                                                          Range.
Army                             Fort Bliss               Known Distance Range.......        4,750         4,750
Army                             Fort Bliss               Automated Multipurpose             6,900         6,900
                                                          Machine Gun Range.
Army                             Fort Bliss               Scout/recce Gunnery Complex       17,000        17,000
Army                             Fort Bliss               Light Demolition Range.....        2,400         2,400

[[Page 123 STAT. 2817]]

 
Army                             Fort Bliss               Automated Infantry Platoon         7,000         7,000
                                                          Battle Course.
Army                             Fort Bliss               Simulation Center..........       23,000        23,000
Army                             Fort Bliss               Vehicle Maintenance &             31,000        31,000
                                                          Company Ops Fac.
Def-Wide                         Fort Bliss               Health and Dental Clinic...       30,295        24,600
Def-Wide                         Fort Bliss               Hospital Replacement Inc1..       86,975        86,975
USAR                             Fort Bliss               Army Reserve Center........        9,500         9,500
Army                             Fort Hood                Vehicle Maintenance Shop...       23,000        23,000
Army                             Fort Hood                Urban Assault Course.......        2,400         2,400
Army                             Fort Hood                Automated Multipurpose             6,700         6,700
                                                          Machine Gun Range.
Army                             Fort Hood                Family Life Center.........                     10,800
Def-Wide                         Fort Hood                Alter Fuel Pump House and          3,000         3,000
                                                          Fill Stand.
Army                             Fort Sam Houston         Access Control Point and          10,800        10,800
                                                          Road Improvements.
Army                             Fort Sam Houston         General Instruction                9,000         9,000
                                                          building.
Milcon, Naval Res                Fort Worth NAS/JRB       Replace Joint Base Comms...                      6,170
Air Force                        Goodfellow AFB           Joint Intel Tech Trng fac,        18,400        18,400
                                                          Ph 1 (tfi).
Air Force                        Goodfellow AFB           Student Dormitory (100 rm).       14,000        14,000
Air Force                        Goodfellow AFB           Consolidated Learning                           12,000
                                                          Center.
USAR                             Houston                  Army Reserve Center/land...       24,000        24,000
Air_Guard                        Kelly Field Annex        Add/Alter Aircraft Maint                         7,900
                                                          Shops.
Navy                             Kingsville NAS           Solar Panel Array..........                      4,470
AF Reserve                       Lackland AFB             C-5 Ground Training                1,500         1,500
                                                          Schoolhouse Addition.
Air Force                        Lackland AFB             Evasion, Conduct After             4,879         4,879
                                                          Capture Trng.
Air Force                        Lackland AFB             Recruit Dormitory 2, phase        77,000        77,000
                                                          2.
Air Force                        Lackland AFB             Bmt Satellite Classroom/          32,000        32,000
                                                          dining Fac.
Def-Wide                         Lackland AFB             Dental Clinic replacement..       29,318        29,318
Def-Wide                         Lackland AFB             Ambulatory Care Center,           72,610        72,610
                                                          phase 1.
USAR                             Robstown                 Tactical Equip Maint                            10,200
                                                          Facility.
Milcon, Naval Res                San Antonio              Reserve Training Center....        2,210         2,210
USAR                             San Antonio              Army Reserve Center........       20,000        20,000
Air Force                        Sheppard Air Force       ENJJPT Operations Complex,                      13,450
                                 Base                     Phase 1.
                               Utah
Def-Wide                         Camp Williams            IC CNCI Data Center (Incr.       800,000       600,000
                                                          2).
Army                             Dugway Proving Ground    Water Treatment Systems....       25,000        25,000
AF Reserve                       Hill AFB                 Reserve Squad Ops/AMU              3,200         3,200
                                                          Facility.
Air Force                        Hill AFB                 F-22A Radar Cross Section         21,053        21,053
                                                          Testing Fac.
Air Force                        Hill AFB                 PCC Apron Northwest End                          5,100
                                                          Taxiway.
                               Vermont
Air_Guard                        Burlington IAP           Fire Crash and Rescue                            6,000
                                                          Station Addition and
                                                          Alteration.
ARNG                             Ethan Allen Firing       BOQ Additions and                                1,996
                                 Range                    Improvements.
                               Virginia
Def-Wide                         Dahlgren                 Aegis BMD Facility                24,500        24,500
                                                          Expansion.
Navy                             Dahlgren                 Electromagnetic Research                         3,660
                                                          and Engineering Facility.
Def-Wide                         Dam Neck                 SOF Operations Facility inc       15,967        15,967
                                                          III.
Navy                             Dam Neck                 SOF Cafeteria..............                     14,170
Army                             Fort A.P. Hill           Automated Infantry Platoon         4,900         4,900
                                                          Battle Course.
Army                             Fort A.P. Hill           Field Training Area........        9,000         9,000
Army                             Fort A.P. Hill           Training Aids Center.......        9,100         9,100
Army                             Fort Belvoir             Flight Control Tower.......        8,400         8,400
Army                             Fort Belvoir             Road and Access Control            9,500         9,500
                                                          Point.
Army                             Fort Belvoir             Road and Infrastructure           20,000
                                                          Improvements.
Army                             Fort Lee                 Defense Access Roads.......                      5,000
ARNG                             Fort Pickett             Regional Training Institute       32,000        32,000
                                                          Ph2.
Army                             Ft. Eustis               Upgrade Marshalling Area...                      8,900
Air Force                        Langley AFB              West & Lasalle Gates Force        10,000        10,000
                                                          Protection/access.

[[Page 123 STAT. 2818]]

 
Def-Wide                         Little Creek             SOF Support Activity              18,669        18,669
                                                          Operation Facility.
Navy                             Little Creek             Naval Construction Division       13,095        13,095
                                                          Operations Fac.
Navy                             Norfolk                  E-2D Trainer Facility......       11,737        11,737
Navy                             Norfolk                  Facility Upgrades For E-2D         6,402         6,402
                                                          Program.
Milcon, Naval Res                Oceana Naval Air         C-40 Hanger................       30,400        30,400
                                 Station
Def-Wide                         Pentagon                 Pentagon Electrical Upgrade       19,272        19,272
Def-Wide                         Pentagon                 Secondary Uninterruptible          8,400         8,400
                                                          Power Raven Rock.
Navy                             Portsmouth               Ship Repair Pier                 226,969       126,969
                                                          replacement (Incr. 1).
Navy                             Quantico                 Student Quarters--TBS             32,060        32,060
                                                          (phase 4).
Navy                             Quantico                 Battalion Training                10,340        10,340
                                                          Facility--MSGBN.
Navy                             Quantico                 MC Information Operations         29,620        29,620
                                                          Center--MCIOC.
Navy                             Quantico                 Aircraft Trainer...........        3,170         3,170
Navy                             Quantico                 Dining Facility - TBS......       14,780        14,780
Navy                             Quantico                 South Mainside Electrical         15,270        15,270
                                                          SubStation.
                               Washington
Navy                             Bangor                   Limited Area Production/          87,292        87,292
                                                          strg Cmplx (inc 6).
Navy                             Bremerton                Enclave Fencing/ parking,         67,419        67,419
                                                          Silverdale WA.
Navy                             Bremerton                CVN Maintenance Pier              69,064        69,064
                                                          replacement (inc 2).
Navy                             Everett NS               Small Craft Launch.........                      3,810
Air Force                        Fairchild AFB            SERE Force Support Complex,                     11,000
                                                          Phase I.
Air Force                        Fairchild AFB            TFI Refuel Veh Maint                             4,150
                                                          Facility.
Def-Wide                         Fairchild AFB            Replace Fuel Distribution          7,500         7,500
                                                          System.
Army                             Fort Lewis               Live Fire Exercise                 2,550         2,550
                                                          Shoothouse.
Army                             Fort Lewis               Animal Building............        3,050         3,050
Army                             Fort Lewis               Brigade Complex, Inc 4.....      102,000       102,000
Army                             Fort Lewis               Modified Record Fire Range.        4,100         4,100
Army                             Fort Lewis               Ft Lewis-Mcchord AFB Joint                       9,000
                                                          Access.
Def-Wide                         Fort Lewis               SOF Support Company               14,500        14,500
                                                          Facility.
Def-Wide                         Fort Lewis               Health and Dental Clinic...       15,636        15,636
Navy                             Indian Island NM         Ord Storage Pads W/2 Covers                     13,130
Navy                             Spokane                  Jnt Pers Recovery agency          12,707        12,707
                                                          Specialized SERE Tra.
                               West Virginia
Air_Guard                        Martinsburg              C-5 Taxiway Upgrades.......                     19,500
Navy                             Navy, Sugar Grove        Emergency Services Center..                     10,990
ARNG                             St. Albans Armory        Readiness Center Additions.                      2,000
                               Wisconsin
USAR                             Fort McCoy               Combined Arms Collective          25,000        25,000
                                                          Training Facility.
USAR                             Fort McCoy               Range Utility Upgrade......                      3,850
Air_Guard                        General Mitchell IAP     Upgrade Corrosion Control                        5,000
                                                          Hanger.
                               Wyoming
Air_Guard                        Cheyenne Airport         Squadron Operations........                      1,500
Air Force                        F. E. Warren AFB         ADAL Missile Service               9,100         9,100
                                                          Complex.
                               Zu
Air Force                        Unspecified Worldwide    Recission Pl 110-417 UAS                       -22,000
                                                          Maint Complex.
Air Force                        Unspecified Worldwide    Recission Pl 110-417 UAS                       -15,500
                                                          Ops Complex.
BRAC 05                          Unspecified Worldwide    Base Realignment and           7,479,498     7,455,498
                                                          Closure 2005.
BRAC IV                          Unspecified Worldwide    Base Realignment and             396,768       496,768
                                                          Closure IV.
Army                             Various Locations        Brigade Combat Team                           -166,000
                                                          Stationing.
Army                             Various Locations        Trainee Troop Housing......                    350,000
                               Afghanistan
Air Force                        Bagram Air Base          Passenger Terminal.........       22,000        22,000
Army                             Bagram Air Base          Fuel System Ph 6...........       12,000        12,000
Army                             Bagram Air Base          Fuel System Ph 7...........        5,000         5,000
Army                             Bagram Air Base          Coalition Operation Center.       49,000        49,000

[[Page 123 STAT. 2819]]

 
Army                             Bagram Air Base          APS Compound...............       38,000
Army                             Bagram Air Base          Aviation Support Facility..        2,600         2,600
Army                             Bagram Air Base          Barracks...................       18,500        18,500
Army                             Bagram Air Base          Command and Control               38,000
                                                          Facility.
Army                             Bagram Air Base          Perimeter Fence and Guard          7,000
                                                          Towers.
                               Bahrain
Navy                             SW Asia                  Waterfront Development            41,526        41,526
                                                          phase 2.
                               Belgium
Def-Wide                         Brussels                 Replace Elementary School         38,124        38,124
                                                          (shape).
Army                             Mons                     NATO SOF Operational                            20,000
                                                          Support.
Def-Wide                         Brussels                 NATO Headquarters..........                     41,400
                               Colombia
Air Force                        Palanquero Ab            Palanquero AB Development..       46,000        46,000
                               Czech Republic
Def-Wide                         Various Locations        Recission Pl 110-417 Emcr                     -108,560
                                                          Site.
                               Djibouti
Navy                             Camp Lemonier            Interior Paved Roads Phase         7,275         7,275
                                                          A.
Navy                             Camp Lemonier            Ammo Supply Point..........       21,689        21,689
Navy                             Camp Lemonier            Security Fencing I.........        8,109         8,109
Navy                             Camp Lemonier            Fire Station...............        4,772         4,772
                               Germany
Army                             Ansbach                  Barracks...................       17,500        17,500
Army                             Ansbach                  Barracks...................       14,200        14,200
FH Con Army                      Baumholder               Family Housing Replacement        18,000        18,000
                                                          Constru(138 Units).
Def-Wide                         Boeblingen               New Elementary School......                     50,000
Def-Wide                         Kaiserlautern AB         Kaiserslautern Complex-           19,380        19,380
                                                          phase 1.
Def-Wide                         Kaiserlautern AB         Kaiserslautern HS Replace         74,165        74,165
                                                          School.
Army                             Kleber Kaserne           Barracks...................       20,000        20,000
Army                             Landstuhl                Warrior In Transition (WT)        25,000
                                                          Complex.
Air Force                        Ramstein AB              Construct Age Maint Complex       11,500        11,500
Air Force                        Ramstein AB              Contingency Response Group        23,200        23,200
                                                          Command.
Air Force                        Spangdahlem AB           Fitness Ctr................       23,500        23,500
Def-Wide                         Weisbaden                Wiesbaden HS New Cafeteria         5,379         5,379
                                                          and Kitchen.
FH Con Army                      Weisbaden                Family Housing replacement        10,000        10,000
                                                          Const Inc 2.
FH Con Army                      Weisbaden                Family Housing replacement        11,000        11,000
                                                          Const Inc 2.
FH Con Army                      Weisbaden                Family Housing replacement        11,000        11,000
                                                          Const Inc 2.
                               Greece
Def-Wide                         Souda Bay                Fuel Storage Tanks &              24,000        24,000
                                                          Pipeline Rpl.
                               Guam
Def-Wide                         Agana Naval Air          Replace Gas Cylander               4,900         4,900
                                 Station                  Storage Facility.
Air Force                        Andersen AFB             Postal Service Center......                      3,500
Air Force                        Andersen AFB             Strike Fol Electrical             33,750        33,750
                                                          Infrastructure.
Air Force                        Andersen AFB             NW Field ATFP Perimeter            4,752         4,752
                                                          Fence and Road.
Air Force                        Andersen AFB             Commando Warrior Operations        4,200         4,200
                                                          Fac.
Air Force                        Andersen AFB             NW Field Combat Spt Vehicle       15,500        15,500
                                                          Maint Fac.
ARNG                             Barrigada                Readiness Center...........       30,000        30,000
Def-Wide                         Guam                     Hospital Replacement incr I      259,156       259,156
FH Con Navy                      Guam                     Replace Guam N. Tipalao ph        20,730        20,730
                                                          III.
Navy                             Guam                     Consolidated Slc Training &       45,309        45,309
                                                          CSS-15 HQ Fac.
Navy                             Guam                     Military Working Dog              27,070        14,000
                                                          Relocation, Apra Harbor.
Navy                             Guam                     Defense Access Road               48,860        48,860
                                                          improvements.
Navy                             Guam                     AAFB North Ramp Utilities         21,500        21,500
                                                          Incr 1.
Navy                             Guam                     AAFB North Ramp Parking           88,797        88,797
                                                          incr 1.
Navy                             Guam                     Apra Harbor Wharves Imp.         167,033       127,033
                                                          Incr 1.
Navy                             Guam                     Torpedo Exercise Support          15,627        15,627
                                                          Building.
Def-Wide                         Various Locations        Unspecified Various
                                                          locations.
                               Guantanamo
Def-Wide                         Guantanamo Bay           Replace Fuel Storage Tanks        12,500        12,500
                               Italy
Air Force                        Sigonella                Global Hawk Aircraft Maint        31,300        31,300
                                                          and Ops Complex.

[[Page 123 STAT. 2820]]

 
Army                             Vicenza                  Bde Complex--Operations spt       23,500        23,500
                                                          Fac, Incr 3.
Army                             Vicenza                  Bde Complex--Barracks/            22,500        22,500
                                                          community, Incr 3.
                               Japan
Army                             Okinawa                  Training Aids Center.......        6,000         6,000
Army                             Sagamihara               Training Aids Center.......        6,000         6,000
                               Korea
Army                             Camp Humphreys           Vehicle Maintenance Shop...       19,000        19,000
Army                             Camp Humphreys           Vehicle Maintenance Shop...       18,000        18,000
Army                             Camp Humphreys           Fire Stations..............       13,200        13,200
Def-Wide                         K-16 Airfield            Convert Warehouses.........        5,050         5,050
Def-Wide                         Osan AB                  Replace Hydrant Fuel System       28,000        28,000
FH Con Navy                      Pusan                    Constr Chinhae Welcome Ctr/        4,376         4,376
                                                          warehouse.
                               Kuwait
Army                             Camp Arifjan             APS Warehouses.............       82,000        82,000
Air Force                        Al Musannah AB           War Reserve Material              47,000
                                                          Compound.
Air Force                        Al Musannah AB           AirLift Ramp and Fuel             69,000
                                                          Facilities.
                               Poland
Def-Wide                         Various Locations        Recission Pl 110-417                           -42,600
                                                          European Interceptor Site.
                               Puerto Rico
USAR                             Caguas                   Army Reserve Center/land...       12,400        12,400
                               Qatar
Air Force                        Al Udeid, Qatar          Blatchford-preston Complex        60,000        60,000
                                                          Ph Ii.
                               Spain
Navy                             Rota                     Reception Airfield                26,278        26,278
                                                          Facilities
                               Turkey
Air Force                        Incirlik Ab              Construct Consolidated             9,200         9,200
                                                          Community Ctr.
                               United Kingdom
Def-Wide                         Menwith Hill Station     MHS PSC Construction.......       37,588        37,588
Def-Wide                         Raf Mildenhall           Connect Fuel Tank                  4,700         4,700
                                                          Distribution Pipe Ln.
Def-Wide                         Royal Air Force          Medical/dental Clinic             14,227        14,227
                                 Alconbury                replacement.
Def-Wide                         Royal Air Force          Liberty IS--Gymnasium......        4,509         4,509
                                 Lakenheath
                               Virgin Islands
ARNG                             St. Croix                Regional Training Institute       20,000        20,000
                                                          Ph1.
                               Zc
Air Force                        Classified Location      Classified Planning &              3,000         3,000
                                                          Design.
                               Zu
NSIP                             NATO Security Invest     NATO Security Investment         276,314       197,414
                                 Prgm                     Program.
AF Reserve                       Unspecified Worldwide    Planning and Design........        1,976         3,869
AF Reserve                       Unspecified Worldwide    Minor Construction.........          800           800
Air Force                        Unspecified Worldwide    Unspecified minor                 18,000        20,000
                                                          construction.
Air Force                        Unspecified Worldwide    Planning & design..........       79,363       100,562
Air_Guard                        Unspecified Worldwide    Minor Construction.........        9,000        17,005
Air_Guard                        Unspecified Worldwide    Planning & design..........       10,061        13,021
Army                             Unspecified Worldwide    Minor Construction FY 10...       23,000        25,000
Army                             Unspecified Worldwide    Planning & design FY 10....      153,029       175,519
Army                             Unspecified Worldwide    Host Nation Support FY 10..       25,000        25,000
ARNG                             Unspecified Worldwide    Unspecified Minor                 10,300        29,682
                                                          construction.
ARNG                             Unspecified Worldwide    Planning and Design........       23,981        47,429
Def-Wide                         Unspecified Worldwide   ............................

[[Page 123 STAT. 2821]]

 
Def-Wide                         Unspecified Worldwide    Unspecified Minor                  6,800         6,800
                                                          construction.
Def-Wide                         Unspecified Worldwide    Planning and Design........        8,855         8,855
Def-Wide                         Unspecified Worldwide    Unspecified Minor                  4,100         4,100
                                                          construction.
Def-Wide                         Unspecified Worldwide    Minor Construction.........        3,717         3,717
Def-Wide                         Unspecified Worldwide    Planning and Design........        2,000         2,000
Def-Wide                         Unspecified Worldwide    Planning and Design........       10,534        10,534
Def-Wide                         Unspecified Worldwide    Unspecified Minor                  6,022         6,022
                                                          construction.
Def-Wide                         Unspecified Worldwide    Planning and Design........        4,425         4,425
Def-Wide                         Unspecified Worldwide    JEP Exercise Related               7,861         7,861
                                                          construction.
Def-Wide                         Unspecified Worldwide    Minor Construction.........        4,525         4,525
Def-Wide                         Unspecified Worldwide    Planning and Design........       72,974        72,974
Def-Wide                         Unspecified Worldwide    Energy Conservation               90,000       123,013
                                                          Improvement Program.
Def-Wide                         Unspecified Worldwide    Contingency construction...       10,000        10,000
Def-Wide                         Unspecified Worldwide    Unspecified Minor                  3,000
                                                          construction.
Def-Wide                         Unspecified Worldwide    Planning and Design........       35,579        19,079
Def-Wide                         Unspecified Worldwide    Planning and Design........        3,575         3,575
FH Con AF                        Unspecified Worldwide    Construction improvements..       61,737        61,737
FH Con AF                        Unspecified Worldwide    Classified Project.........           50            50
FH Con AF                        Unspecified Worldwide    Planning and Design........        4,314         4,314
FH Con Army                      Unspecified Worldwide    Construction improvements        219,300       219,300
                                                          (2428 Units).
FH Con Army                      Unspecified Worldwide    Family Housing P&D.........        3,936         3,936
FH Con Navy                      Unspecified Worldwide    Improvements...............      118,692       118,692
FH Con Navy                      Unspecified Worldwide    Design.....................        2,771         2,771
FH Ops AF                        Unspecified Worldwide    Utilities Account..........       81,686        81,686
FH Ops AF                        Unspecified Worldwide    Management Account.........        1,557         1,557
FH Ops AF                        Unspecified Worldwide    Management Account.........       51,334        51,334
FH Ops AF                        Unspecified Worldwide    Services Account...........       20,183        20,183
FH Ops AF                        Unspecified Worldwide    Furnishings Account........       39,182        39,182
FH Ops AF                        Unspecified Worldwide    Miscellaneous Account......        1,543         1,543
FH Ops AF                        Unspecified Worldwide    Leasing Account............          548           548
FH Ops AF                        Unspecified Worldwide    Leasing....................      102,858       102,858
FH Ops AF                        Unspecified Worldwide    Maintenance Account........        1,911         1,911
FH Ops AF                        Unspecified Worldwide    Maintenance (RPMA & RPMC)..      148,318       148,318

[[Page 123 STAT. 2822]]

 
FH Ops AF                        Unspecified Worldwide    Housing Privatization......       53,816        53,816
FH Ops Army                      Unspecified Worldwide    Utilities Account..........       81,650        81,650
FH Ops Army                      Unspecified Worldwide    Operations.................       87,263        87,263
FH Ops Army                      Unspecified Worldwide    Miscellaneous Account......        1,177         1,177
FH Ops Army                      Unspecified Worldwide    Leasing....................      205,685       205,685
FH Ops Army                      Unspecified Worldwide    Maintenance of Real              115,854       115,854
                                                          Property.
FH Ops Army                      Unspecified Worldwide    Privatization Support Costs       31,789        31,789
FH Ops DW                        Unspecified Worldwide    Furnishings Account........        4,426         4,426
FH Ops DW                        Unspecified Worldwide    Leasing....................       33,579        33,579
FH Ops DW                        Unspecified Worldwide    Utilities Account..........          274           274
FH Ops DW                        Unspecified Worldwide    Furnishings Account........           19            19
FH Ops DW                        Unspecified Worldwide    Services Account...........           29            29
FH Ops DW                        Unspecified Worldwide    Management Account.........          309           309
FH Ops DW                        Unspecified Worldwide    Maintenance 0f Real                  366           366
                                                          Property.
FH Ops DW                        Unspecified Worldwide    Recission (Public Law 110-
                                                          5).
FH Ops DW                        Unspecified Worldwide    Operations.................           35            35
FH Ops DW                        Unspecified Worldwide    Leasing....................       10,108        10,108
FH Ops DW                        Unspecified Worldwide    Maintenance of Real                   69            69
                                                          Property.
FH Ops Navy                      Unspecified Worldwide    Utilities Account..........       53,956        53,956
FH Ops Navy                      Unspecified Worldwide    Furnishings Account........       14,624        14,624
FH Ops Navy                      Unspecified Worldwide    Management Account.........       60,278        60,278
FH Ops Navy                      Unspecified Worldwide    Miscellaneous Account......          457           457
FH Ops Navy                      Unspecified Worldwide    Services Account...........       16,462        16,462
FH Ops Navy                      Unspecified Worldwide    Leasing....................      101,432       101,432
FH Ops Navy                      Unspecified Worldwide    Maintenance of Real               94,184        94,184
                                                          Property.
FH Ops Navy                      Unspecified Worldwide    Privatization Support Costs       27,147        27,147
FHIF                             Unspecified Worldwide    Family Housing improvement         2,600         2,600
                                                          Fund.
HOAP                             Unspecified Worldwide    Homeowners Assistance             23,225       300,000
                                                          program.
Milcon, Naval Res                Unspecified Worldwide    Planning and Design........        2,371         2,951
Navy                             Unspecified Worldwide    Unspecified minor                 12,483        12,483
                                                          construction.
Navy                             Unspecified Worldwide    Planning and Design........      166,896       179,652
USAR                             Unspecified Worldwide    Unspecified minor                  3,600         3,600
                                                          construction.
USAR                             Unspecified Worldwide    Planning and Design........       22,262        22,716

[[Page 123 STAT. 2823]]

 
AF Reserve                       Unspecified Worldwide    Programmatic Plus Up.......                     55,000
Air_Guard                        Unspecified Worldwide    Programmatic Plus Up.......                     30,000
ARNG                             Unspecified Worldwide    Programmatic Plus Up.......                     30,000
Milcon, Naval Res                Unspecified Worldwide    Programmatic Plus Up.......                     55,000
USAR                             Unspecified Worldwide    Programmatic Plus Up.......                     30,000
                              .........................  Total FY2010 Authorizations.  22,946,036     23,879,856
                              .........................
                              .........................   Prior Year Savings.........                   -175,800
                              .........................   General Reduction..........                   -529,091
                              .........................
                              .........................  Grand Total.................   22,946,036    23,174,965
----------------------------------------------------------------------------------------------------------------

SEC. 4502. 2005 BASE REALIGNMENT AND CLOSURE ROUND FY 2010 PROJECT 
                          LISTING.

----------------------------------------------------------------------------------------------------------------
            2005 BASE REALIGNMENT AND CLOSURE ROUND FY 2010 PROJECT LISTING (In Thousands of Dollars)
-----------------------------------------------------------------------------------------------------------------
                                                                                                     Conference
        Account                State and Location              Project Title           Project     Authorization
                                                                                    Authorization
----------------------------------------------------------------------------------------------------------------
                         AL
Army                       Anniston (Pelham Range)       Armed Forces Reserve              8,000          8,000
                                                          Center.
Army                       Birmingham                    Armed Forces Reserve             10,000         10,000
                                                          Center.
Army                       Mobile                        Armed Forces Reserve             20,430         20,430
                                                          Center.
Defense Wide               Redstone Arsenal              Von Braun Complex........             0         27,800
Army                       Tuscaloosa                    Armed Forces Reserve             18,000         18,000
                                                          Center.
                         AR
Army                       Camden                        Armed Forces Reserve              9,800          9,800
                                                          Center.
Army                       El Dorado                     Armed Forces Reserve             14,000         14,000
                                                          Center.
Army                       Hot Springs                   Armed Forces Reserve             14,600         14,600
                                                          Center.
Army                       Pine Bluff                    Armed Forces Reserve             15,500         15,500
                                                          Center.
                         AZ
Army                       Marana                        Armed Forces Reserve             31,000         31,000
                                                          Center.
                         CA
Navy                       Barstow                       Industrial Machine Shop          14,131         14,130
                                                          Facility.
Navy                       China Lake                    Shipboard Shock Test              3,160          3,160
                                                          Facility.
Navy                       China Lake                    Weapons Dynamics RDT&E            5,970          5,970
                                                          Center.
                         CT
Army                       Middletown                    Armed Forces Reserve             37,000         37,000
                                                          Center, Incr 2.
                         DC
Navy                       Washington                    Navy Systems Management          71,929         71,929
                                                          Activity Relocation
                                                          (INCR II of II).
Navy                       Washington                    Renovate 3rd Floor                  750            750
                                                          Building 176, Washington
                                                          Navy Yard.
                         FL
Army                       Eglin AFB                     Special Forces Complex,           8,000          8,000
                                                          Incr 2.
Air Force                  Eglin AFB                     BRAC F-35 Live Ordnance           6,624          6,624
                                                          Load Area (LOLA).
Air Force                  Eglin AFB                     CE Facility..............         2,000          2,000
Air Force                  Eglin AFB                     F-35 (JSF) Duke Field             2,280          2,280
                                                          Control Tower.
Air Force                  Eglin AFB                     Fitness Facility.........         2,750          2,750
Air Force                  Eglin AFB                     STOVL Simulated Carrier          27,690         27,690
                                                          Practice Landing Deck.
Air Force                  Eglin AFB                     School Age Facility......         2,600          2,600
Air Force                  Eglin AFB                     Security Forces Facility.           890            890
Air Force                  Eglin AFB                     Taxiway Extension........        13,000         13,000
Air Force                  Eglin AFB                     Traffic Management Cargo            900            900
                                                          Processing Facility.
                         GA
Army                       Benning                       AAFES Troop Store........         1,950          1,950

[[Page 123 STAT. 2824]]

 
Army                       Benning                       Armed Forces Reserve             18,000         18,000
                                                          Center.
Army                       Benning                       Equipment Concentration          43,000         43,000
                                                          Site.
Army                       Benning                       General Instruction              58,000         58,000
                                                          Complex 2, Incr 2.
Army                       Benning                       Maneuver Ctr HQ & CDI            42,000         42,000
                                                          Bldg Expansion.
Army                       Benning                       Medical Facility, Incr 2.        77,000         77,000
                         IA
Army                       Cedar Rapids                  Armed Forces Reserve             42,000         42,000
                                                          Center.
Army                       Iowa AAP                      Armed Forces Reserve             27,000         27,000
                                                          Center.
Army                       Muscatine                     Armed Forces Reserve              8,800          8,800
                                                          Center.
                         IL
Army                       Rock Island                   Army Headquarters                20,000         20,000
                                                          Building Renovation.
                         KY
Army                       Campbell                      Armed Forces Reserve              5,900          5,900
                                                          Center.
Army                       Campbell                      Headquarters Building,           14,800         14,800
                                                          Group.
Army                       Knox                          Armed Forces Reserve              2,300          2,300
                                                          Center.
                         MD
Army                       Aberdeen PG                   C4ISR, Phase 2, Incr 2...       156,000        156,000
Defense Wide               Bethesda (WRNMMC)             Medical Center Addition--       108,850        108,850
                                                          Increment 3.
Defense Wide               Bethesda (WRNMMC)             Traffic Mitigation               18,400         18,400
                                                          Increment 1.
Defense Wide               Bethesda (WRNMMC)             Site Utility                          0          6,500
                                                          Infrastructure Upgrade
                                                          for NICoE.
Army                       Detrick                       Joint Bio-Med RDA                 8,300          8,300
                                                          Management Center.
Army                       Forest Glenn                  Museum...................        12,200         12,200
Defense Wide               Fort Meade                    Construct DISA Building..       131,662        131,662
Army                       Fort Meade                    Defense Media Activity,          17,000         17,000
                                                          Incr 2.
                         ME                              .........................
Navy                       Brunswick                     Marine Corps Reserve             12,960         12,960
                                                          Center.
                         MI                              .........................
Army                       Detroit Arsenal               Administrative Office                 0         21,384
                                                          Buildings, Incr 2.
Army                       Detroit Arsenal               Weapons Systems Support           8,300          8,300
                                                          and Training.
Army                       Ft. Custer (Augusta)          Armed Forces Reserve             18,500         18,500
                                                          Center.
Air Force                  Selfridge ANGB                A10 Arm/Disarm Apron.....         1,350          1,350
Air Force                  Selfridge ANGB                Repair Munitions Admin            3,100          3,100
                                                          Building 891.
Air Force                  Selfridge ANGB                Upgrade Munitions                 1,650          1,650
                                                          Maintenance Shop.
Air Force                  Selfridge ANGB                Upgrade Munitions Missile         2,350          2,350
                                                          Maintenance Bays.
                         MO
Army                       Kirksville                    Armed Forces Reserve              6,600          6,600
                                                          Center.
                         MT
Army                       Great Falls                   Armed Forces Reserve              7,600          7,600
                                                          Center.
                         NC
Army                       Bragg                         Band Training Facility...         4,200          4,200
Army                       Bragg                         Headquarters Bldg,              124,000        124,000
                                                          FORSCOM/USARC, Incr 3.
Army                       Wilmington                    Armed Forces Reserve             17,500         17,500
                                                          Center.
                         ND
Army                       Fargo                         Armed Forces Reserve             11,200         11,200
                                                          Center.
                         NE
Army                       Columbus                      Armed Forces Reserve              9,300          9,300
                                                          Center.
Army                       McCook                        Armed Forces Reserve              7,900          7,900
                                                          Center.
                         NJ
Army                       Camden                        Armed Forces Reserve             21,000         21,000
                                                          Center.
                         NY
Army                       West Point                    US Military Academy Prep              0         98,000
                                                          School, Incr 2.
                         OH
Army                       Columbus                      Armed Forces Reserve                  0         30,218
                                                          Center, Incr 2.
Navy                       Akron                         Armed Forces Reserve             13,840         13,840
                                                          Center.
                         OK
Army                       Sill                          Joint Fires & Effects            28,000         28,000
                                                          Simulator Building.
Air Force                  Will Rogers World APT AGS     Relocate Global Air               1,200          1,200
                                                          Traffic Operation
                                                          Program Office.
                         PA

[[Page 123 STAT. 2825]]

 
Army                       Allentown                     Armed Forces Reserve             15,000         15,000
                                                          Center.
Army                       Tobyhanna                     Electronics Maintenance           3,200          3,200
                                                          Shop, Depot Level.
Air Force                  Willow Grove ARS, NAS Willow  Establish Enclave........         4,000          4,000
                            Grove JRB
                         RI
Army                       Bristol                       Armed Forces Reserve             17,500         17,500
                                                          Center.
                         SC
Navy                       Charleston                    SPAWAR Data Center.......         9,670          9,670
Navy                       Goose Creek                   Consolidated Brig                 9,790          9,790
                                                          Addition.
Army                       Shaw AFB                      Headquarters Building,           55,000         55,000
                                                          Third US Army, Incr 2.
                         TN
Army                       Chattanooga                   Armed Forces Reserve              8,900          8,900
                                                          Center.
                         TX
Army                       Bliss                         Brigade Combat Team             110,000        110,000
                                                          Complex #3, Incr 3.
Army                       Bliss                         Combat Aviation Brigade          94,000         94,000
                                                          Complex, Incr 3.
Army                       Bliss                         Hospital Add/Alt, WBAMC..        24,000              0
Army                       Bliss                         Hospital Replacement.....        89,000         89,000
Army                       Bliss                         Tactical Equipment              104,000        104,000
                                                          Maintenance Facility 2.
Army                       Brownsville                   Armed Forces Reserve             15,000         15,000
                                                          Center.
Army                       Huntsville                    Armed Forces Reserve             16,000         16,000
                                                          Center.
Army                       Kingsville                    Armed Forces Reserve             17,500         17,500
                                                          Center.
Air Force                  Lackland AFB                  Joint Base San Antonio            8,500          8,500
                                                          Headquarters Facility.
Army                       Lufkin                        Armed Forces Reserve             15,500         15,500
                                                          Center.
Air Force                  Randolph AFB                  Renovate Building 38.....         2,050          2,050
Army                       Red River                     Armed Forces Reserve             14,200         14,200
                                                          Center.
Defense Wide               Fort Sam Houston              San Antonio Military                  0        163,750
                                                          Medical Center (North)
                                                          Incr 3.
Army                       Sam Houston                   Add/Alt Building 2270....        18,000         18,000
Army                       Sam Houston                   Housing, Enlisted                10,800         10,800
                                                          Permanent Party.
Army                       Sam Houston                   IMCOM Campus Area                11,000         11,000
                                                          Infrastructure.
Army                       Sam Houston                   Headquarters Bldg, IMCOM.        48,000         48,000
                         VA
Army                       Belvoir                       Infrastructure Support,          13,000         13,000
                                                          Incr 3.
Army                       Belvoir                       Infrastructure Support,          39,400         39,400
                                                          Incr 3.
Army                       Belvoir                       NARMC HQ Building........        17,500         17,500
Defense Wide               Fort Belvoir                  NGA Headquarters Facility             0        168,749
Defense Wide               Fort Belvoir                  Hospital Replacement--          140,750        140,750
                                                          Increment 4.
Defense Wide               Fort Belvoir                  Dental Clinic............        12,600         12,600
Defense Wide               Fort Belvoir                  Office Complex Increment                       360,533
                                                          3.
Army                       Eustis                        Bldg 705 Renv (AAA & 902d         1,600          1,600
                                                          MI).
Army                       Eustis                        Headquarters Bldg, IMCOM          5,700          5,700
                                                          Eastern Region.
Army                       Eustis                        Headquarters Building,           34,300         34,300
                                                          TRADOC, Incr 2.
Army                       Eustis                        Joint Task Force--Civil          19,000         19,000
                                                          Support.
Army                       Eustis                        Renovation for ACA and            4,800          4,800
                                                          NETCOM.
Army                       Lee                           AAFES Troop Store........         1,850          1,850
Army                       Lee                           Administrative Building          28,000         28,000
                                                          (DCMA).
Army                       Lee                           Combat Service Support                0         30,000
                                                          School, Ph 1, Incr 4.
Army                       Lee                           Combat Service Support          137,000        137,000
                                                          School, Ph 2, Incr 3.
Army                       Lee                           Combat Service Support          145,000        145,000
                                                          School, Ph 3, Incr 2.
Army                       Lee                           Consolidated Troop Med/          20,000         20,000
                                                          Dntl Clinic.
Army                       Lee                           HQs, Transportation               1,200          1,200
                                                          Management Detachment.
Army                       Lee                           USMC Training Facilities.        25,000         25,000
Navy                       Arlington                     Crystal Park 5 to                33,660         33,660
                                                          Arlington Service Center.
Navy                       Chesapeake                    Joint Regional                        0         47,560
                                                          Correctional Facility
                                                          (INCR II of II).
Navy                       Norfolk                       Building 1558 Renovations         2,510          2,510
                                                          for SPAWAR.
                         WV
Army                       Elkins                        Armed Forces Reserve             22,000         22,000
                                                          Center.

[[Page 123 STAT. 2826]]

 
Army                       Fairmont                      Armed Forces Reserve             21,000         21,000
                                                          Center.
Army                       Spencer-Ripley                Armed Forces Reserve             19,540         19,540
                                                          Center.
                         WW
Army                       Various                       Planning and Design......        26,100         26,100
Army                       Various                       Environmental............       147,693        147,693
Navy                       Various                       Environmental............        16,529         16,529
Air Force                  Various                       Environmental............        19,454         19,454
Defense Wide               Various                       Environmental............             0              0
Army                       Various                       Operation and Maintenance     1,169,334      1,169,334
Navy                       Various                       Operation and Maintenance       322,495        322,495
Air Force                  Various                       Operation and Maintenance       288,459        288,459
Defense Wide               Various                       Operation and Maintenance       836,715        836,715
Army                       Various                       MilPers PCS..............             0              0
Navy                       Various                       MilPers PCS..............         6,504          6,504
Air Force                  Various                       MilPers PCS..............         3,970          3,970
Defense Wide               Various                       MilPers PCS..............             0              0
Army                       Various                       Other....................       311,138        311,138
Navy                       Various                       Other....................        20,115         20,115
Air Force                  Various                       Other....................        23,443         23,443
Defense Wide               Various                       Other....................       412,320        412,320
Defense Wide               Various                       Other....................
                           ............................
                         ..............................  Subtotal BRAC 2005 FY                        4,057,037
                                                          2010, Army.
                         ..............................  Subtotal BRAC 2005 FY                          591,572
                                                          2010, Navy.
                         ..............................  Subtotal BRAC 2005 FY                          418,260
                                                          2010, Air Force.
                         ..............................  Subtotal BRAC 2005 FY                        2,388,629
                                                          2010, Defense Wide.
                         ..............................  Total BRAC 2005 FY 2010       5,934,740      7,455,498
                                                          All Categories.
                         ..............................
Army                       Various                       Base Realignment and                           138,723
                                                          Closure IV, Army.
Navy                       Various                       Base Realignment and                           228,000
                                                          Closure IV, Navy.
Air Force                  Various                       Base Realignment and                           127,364
                                                          Closure IV, Air Force.
Defense Wide               Various                       Base Realignment and                             2,681
                                                          Closure IV, Defense Wide.
                         ..............................  Total BRAC IV for FY 2010                      496,768
                                                          .
----------------------------------------------------------------------------------------------------------------

SEC. 4503. MILITARY CONSTRUCTION FOR OVERSEAS CONTINGENCY 
                          OPERATIONS.

----------------------------------------------------------------------------------------------------------------
               MILITARY CONSTRUCTION FOR OVERSEAS CONTIGENCY OPERATIONS (In Thousands of Dollars)
-----------------------------------------------------------------------------------------------------------------
                                                                                                     Conference
       Service                Country and Location                   Project              Request    Authorized
----------------------------------------------------------------------------------------------------------------
                      Afghanistan
Army                    Airborne.........................   Dining Facility...........       2,200         2,200
Army                    Airborne.........................   Waste Management Area.....       5,600         5,600
Army                    Altimur..........................   Dining Facility...........       2,150         2,150
Army                    Altimur..........................   Waste Management Area.....       5,600         5,600
Army                    Asadabad.........................   Waste Management Area.....       5,500         5,500
Air Force               Bagram Air Base..................   Cargo Terminal............      13,800        13,800
Air Force               Bagram Air Base..................   Aviation Operations &            8,900         8,900
                                                            Maintenance Facilities.
Air Force               Bagram Air Base..................   Expeditionary Fighter            6,400         6,400
                                                            Shelter.
Army                    Bagram Air Base..................   Troop Housing Phase 3.....      22,000             0
Army                    Bagram Air Base..................   Drainage System, Ph 2.....      21,000        21,000
Army                    Bagram Air Base..................   APS Compound..............           0        38,000
Army                    Bagram Air Base..................   Barracks..................           0             0
Army                    Bagram Air Base..................   Perimeter Fence and Guard            0         7,000
                                                            Towers.
Army                    Bagram Air Base..................   Command and Control                  0        38,000
                                                            Facility.
Army                    Bagram Air Base..................   Access Roads..............      21,000        21,000
Army                    Bagram Air Base..................   Command and Control              4,500         4,500
                                                            Facility.

[[Page 123 STAT. 2827]]

 
Army                    Bagram Air Base..................   Medlog Warehouse..........       3,350         3,350
Army                    Blessing.........................   Waste Management Area.....       5,600         5,600
Army                    Bostick..........................   Waste Management Area.....       5,500         5,500
Air Force               Dwyer............................   Cargo Handling Area.......       4,900         4,900
Army                    Dwyer............................   Contingency Housing Phase        8,600             0
                                                            1.
Army                    Dwyer............................   Contingency Housing Phase        6,900             0
                                                            2.
Army                    Dwyer............................   Fuel System, Ph 1.........       5,800         5,800
Army                    Dwyer............................   Waste Management Complex..       6,900         6,900
Army                    Dwyer............................   Dining Facility...........       6,600         6,600
Army                    Frontenac........................   Dining Facility...........       2,200         2,200
Army                    Frontenac........................   Contingency Housing.......       3,800             0
Army                    Gardez...........................   Tactical Runway...........      28,000        28,000
Army                    Gardez...........................   Dining Facility...........       2,200         2,200
Army                    Gardez...........................   Contingency Housing.......       8,400             0
Army                    Gardez...........................   Fuel System, Ph 1.........       6,000         6,000
Army                    Ghazni...........................   Waste Management Complex..       5,500         5,500
Army                    Jalalabad........................   Dining Facility...........       4,350         4,350
Army                    Jalalabad........................   Ammunition Supply Point...      35,000        35,000
Army                    Jalalabad........................   Contingency Housing.......       6,900             0
Army                    Jalalabad........................   Perimeter Fencing.........       2,050         2,050
Army                    Joyce............................   Dining Facility...........       2,100         2,100
Army                    Joyce............................   Waste Management Area.....       5,600         5,600
Army                    Kabul............................   USFOR-A Headquarters &          98,000        98,000
                                                            Housing.
Army                    Kabul............................   Camp Phoenix West               39,000        39,000
                                                            Expansion.
Air Force               Kandahar.........................   Secure RSOI Facility......       9,700         9,700
Air Force               Kandahar.........................   Tactical Airlift Apron....      29,000        29,000
Air Force               Kandahar.........................   Refueler Apron/Relocate         66,000        66,000
                                                            HCP.
Air Force               Kandahar.........................   CAS Apron Expansion.......      25,000        25,000
Air Force               Kandahar.........................   ISR Apron Expansion.......      40,000        40,000
Air Force               Kandahar.........................   Aviation Operations &           10,500        10,500
                                                            Maintenance Facilities.
Air Force               Kandahar.........................   Expeditionary Fighter            6,400         6,400
                                                            Shelter.
Air Force               Kandahar.........................   Cargo Helicopter Apron....      32,000        32,000
Air Force               Kandahar.........................   Relocate North Airfield         16,000        16,000
                                                            Road.
Army                    Kandahar.........................   Troup Housing Phase 2.....       4,250             0
Army                    Kandahar.........................   Command and Control              4,500         4,500
                                                            Facility.
Army                    Kandahar.........................   Tanker Truck Offload            23,000        23,000
                                                            Facility.
Army                    Kandahar.........................   Command and Control              4,500         4,500
                                                            Facility.
Army                    Kandahar.........................   Command and Control              4,500         4,500
                                                            Facility.
Army                    Kandahar.........................   Southpark Roads...........      11,000        11,000
Army                    Kandahar.........................   Waste Management Complex..      10,000        10,000
Army                    Kandahar.........................   Warehouse.................      20,000        20,000
Army                    Kandahar.........................   Theater Vehicle                 55,000        55,000
                                                            Maintenance Facility.
Army                    Maywand..........................   Dining Facility...........       2,200         2,200
Army                    Maywand..........................   Waste Management Area.....       5,600         5,600
Army                    Methar-lam.......................   Waste Management Area.....       4,150         4,150
Army                    Salerno..........................   Waste Management Complex..       5,500         5,500
Army                    Salerno..........................   Electrical Distribution          2,600         2,600
                                                            Grid.
Army                    Salerno..........................   Fuel System, Ph 1.........      12,800        12,800
Army                    Salerno..........................   Dining Facility...........       4,300         4,300
Army                    Salerno..........................   Runway Upgrade............      25,000        25,000
Air Force               Shank............................   Cargo Handling Area.......       4,900         4,900
Army                    Shank............................   Dining Facility...........       4,350         4,350
Army                    Shank............................   Electrical Distribution          4,600         4,600
                                                            Grid.
Army                    Shank............................   Waste Management Complex..       8,100         8,100
Army                    Shank............................   Water Distribution System.       2,650         2,650
Army                    Shank............................   Troup Housing Phase 2.....       8,600             0
Army                    Sharana..........................   Rotary Wing Parking.......      32,000        32,000
Army                    Sharana..........................   Ammunition Supply Point...      14,000        14,000
Army                    Sharana..........................   Aircraft Maintenance            12,200        12,200
                                                            Facilities.
Army                    Sharana..........................   Electrical Distribution          2,600         2,600
                                                            Grid.
Air Force               Tarin Kowt.......................   Cargo Handling Area.......       4,900         4,900
Army                    Tarin Kowt.......................   Fuel System Phase 2.......      11,800        11,800
Army                    Tarin Kowt.......................   Waste Management Area.....       6,800         6,800
Army                    Tarin Kowt.......................   Ammunition Supply Point...      35,000        35,000
Army                    Tarin Kowt.......................   Dining Facility...........       2,200         2,200
Air Force               Tombstone/Bastion................   Strategic Airlift Apron         32,000        32,000
                                                            Expansion.
Air Force               Tombstone/Bastion................   CAS Apron Expansion.......      40,000        40,000

[[Page 123 STAT. 2828]]

 
Air Force               Tombstone/Bastion................   ISR Apron.................      41,000        41,000
Air Force               Tombstone/Bastion................   Secure RSOI Facility......      10,000        10,000
Air Force               Tombstone/Bastion................   Cargo Handling Area.......      18,000        18,000
Air Force               Tombstone/Bastion................   Aviation Operations &            8,900         8,900
                                                            Maintenance Facs.
Air Force               Tombstone/Bastion................   Expeditionary Fighter            6,300         6,300
                                                            Shelter.
Army                    Tombstone/Bastion................   Basic Load Ammunition            7,500         7,500
                                                            Holding Area.
Army                    Tombstone/Bastion................   Dining Facility...........       8,900         8,900
Army                    Tombstone/Bastion................   Entry Control Point and         14,200        14,200
                                                            Access Roads.
Army                    Tombstone/Bastion................   Fuel System, Ph 2.........      14,200        14,200
Army                    Tombstone/Bastion................   Roads.....................       4,300         4,300
Army                    Tombstone/Bastion................   Troop Housing Phase 3.....       3,250             0
Army                    Tombstone/Bastion................   Troop Housing Phase 4.....       3,800             0
Army                    Tombstone/Bastion................   Level 3 Medical Facility..      16,500        16,500
Army                    Tombstone/Bastion................   Water Supply and                 6,200         6,200
                                                            Distribution System.
Air Force               Wolverine........................   Cargo Handling Area.......       4,900         4,900
Army                    Wolverine........................   Dining Facility...........       4,350         4,350
Army                    Wolverine........................   Fuel System, Ph 1.........       5,800         5,800
Army                    Wolverine........................   Waste Management Complex..       6,900         6,900
                      Belgium
Army                    Mons.............................   NATO SOF Operational
                                                            Support.
                      ZU
Air Force               Unspecified Worldwide............   Planning and Design.......      35,000        29,000
Army                    Unspecified Worldwide............   Minor Construction........      20,000        20,100
Army                    Unspecified Worldwide............   Planning and Design.......      76,284        76,284
NSA                     Unspecified Worldwide............   Classified Project........       6,000             0
NSA                     Unspecified Worldwide............   Planning and Design.......         600             0
                                                           Grand Total Military          1,404,984     1,398,984
                                                            Construction.
----------------------------------------------------------------------------------------------------------------

       TITLE XLVI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS

SEC. 4601. DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS.

------------------------------------------------------------------------
    DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS (In Thousands of
                                Dollars)
-------------------------------------------------------------------------
                                                  FY 2010     Conference
                    Program                       Request     Authorized
------------------------------------------------------------------------
Electricity Delivery & Energy Reliability
  Electricity Delivery & Energy Reliability
    Infrastructure security & energy                  6,188        6,188
     restoration..............................
 
Weapons Activities
 
  Directed stockpile work
    Life extension programs
      W76 Life extension program..............      209,196      209,196
    Total, Life extension programs............      209,196      209,196
 
    Stockpile systems
      B61 Stockpile systems...................      124,456      124,456
      W76 Stockpile systems...................       65,497       65,497
      W78 Stockpile systems...................       50,741       50,741
      W80 Stockpile systems...................       19,064       19,064
      B83 Stockpile systems...................       35,682       35,682
      W87 Stockpile systems...................       51,817       51,817

[[Page 123 STAT. 2829]]

 
      W88 Stockpile systems...................       43,043       43,043
    Total, Stockpile systems..................      390,300      390,300
 
    Weapons dismantlement and disposition
      Operation and maintenance...............       84,100       94,100
    Total, Weapons dismantlement and                 84,100       94,100
     disposition..............................
 
    Stockpile services
      Production support......................      301,484      301,484
      Research and development support........       37,071       37,071
      R&D certification and safety............      143,076      153,076
        Dynamic plutonium experiment--NTS.....                  [10,000]
      Management, technology, and production..      200,223      200,223
      Plutonium infrastructure sustainment....      149,201      149,201
    Total, Stockpile services.................      831,055      841,055
  Total, Directed stockpile work..............    1,514,651    1,534,651
 
  Campaigns:
    Science campaign
      Advanced certification..................       19,400       19,400
      Primary assessment technologies.........       80,181       80,181
      Dynamic materials properties............       86,617       86,617
      Academic alliances......................       30,251       30,251
      Advanced radiography....................       22,328       22,328
      Secondary assessment technologies.......       77,913       77,913
    Total, Science campaign...................      316,690      316,690
 
    Engineering campaign
      Enhanced surety.........................       42,000       47,000
        Program increase......................                   [5,000]
      Weapon systems engineering assessment          18,000       18,000
       technology.............................
      Nuclear survivability...................       21,000       21,000
      Enhanced surveillance...................       69,000       69,000
    Total, Engineering campaign...............      150,000      155,000
 
    Inertial confinement fusion ignition and
     high yield campaign
      Ignition................................      106,734      106,734
      NIF diagnostics, cryogenics and                72,252       73,252
       experimental support...................
        National Ignition Campaign program                       [1,000]
         increase.............................
      Pulsed power inertial confinement fusion        5,000        5,000
      Joint program in high energy density            4,000        4,000
       laboratory plasmas.....................
      Facility operations and target                248,929      266,629
       production.............................
         Omega operations.....................                   [6,500]
        National Ignition Campaign program                      [11,200]
         increase.............................
    Total, Inertial confinement fusion and          436,915      455,615
     high yield campaign......................
 
    Advanced simulation and computing campaign
      Operation and maintenance...............      556,125      556,125
    Total, Advanced simulation and computing        556,125      556,125
     campaign.................................
 
    Readiness Campaign
      Stockpile readiness.....................        5,746        5,746
      High explosives and weapon operations...        4,608        4,608
      Nonnuclear readiness....................       12,701       12,701
      Tritium readiness.......................       68,246       68,246
      Advanced design and production                  8,699        8,699
       technologies...........................
    Total, Readiness campaign.................      100,000      100,000

[[Page 123 STAT. 2830]]

 
  Total, Campaigns............................    1,559,730    1,583,430
 
  Readiness in technical base and facilities
   (RTBF)
    Operation of facilities...................    1,342,303    1,360,303
        Pantex Plant program increase.........                   [8,000]
        Y-12 National Security Complex program                  [10,000]
         increase.............................
    Total, Operation of facilities............    1,342,303    1,360,303
    Program readiness.........................       73,021       73,021
    Material recycle and recovery.............       69,542       69,542
    Containers................................       23,392       23,392
    Storage...................................       24,708       24,708
  Subtotal, Readiness in technical base and       1,532,966    1,550,966
   facilities (RTBF)..........................
 
    Construction:
      10-D-501 Nuclear facilities risk               12,500       12,500
       reduction Y-12 National Security
       Complex, Oakridge, TN..................
      99-D-141 Pit disassembly and conversion        30,321       30,321
       facility, Savannah River Site, Aiken,
       SC.....................................
      09-D-007, LANSCE--Refurbishment, Los                0       24,000
       Alamos National Laboratory, NM.........
        Program increase in support of RTBF...                  [24,000]
      09-D-404 Test capabilities                          0        5,000
       revitalization II, Sandia National
       Laboratories, Albuquerque, NM..........
        Program increase in support of RTBF...                   [5,000]
      08-D-801 High pressure fire loop (HPFL),       31,910       31,910
       Pantex, TX.............................
      08-D-804 TA-55 Reinvestment project, Los            0
       Alamos National Laboratory.............
      08-D-802 High Explosive Pressing                    0
       Facility, Pantex Plant, Amarillo, TX...
      06-D-140 Project engineering design            70,678       70,678
       (PED), various locations...............
      06-D-402 NTS replace fire stations 1 & 2        1,473        1,473
       Nevada Test Site, NV...................
      04-D-125 Chemistry and metallurgy              55,000       55,000
       facility replacement project, Los
       Alamos National Laboratory, Los Alamos,
       NM.....................................
      04-D-128 TA-18 Criticality experiments          1,500        1,500
       facility (CEF), Los Alamos National
       Laboratory, Nevada Test Site, NV.......
    Total, Construction.......................      203,382      232,382
  Total, Readiness in technical base and          1,736,348    1,783,348
   facilities.................................
 
  Secure transportation asset
    Operation and equipment...................      138,772      138,772
    Program direction.........................       96,143       96,143
  Total, Secure transportation asset..........      234,915      234,915
 
  Nuclear counterterrorism incident response..      221,936      221,936
 
  Facilities and infrastructure
   recapitalization program
    Operation and maintenance.................      144,959      144,959
    Construction
      07-D-253 TA 1 heating systems                   9,963        9,963
       modernization (HSM) Sandia National
       Laboratory.............................
    Total, Construction.......................        9,963        9,963
  Total, Facilities and infrastructure              154,922      154,922
   recapitalization program...................
 

[[Page 123 STAT. 2831]]

 
  Site stewardship
    Environmental projects and operations.....       41,288       41,288
    Nuclear materials integration.............       20,000       20,000
    Stewardship planning......................       29,086       29,086
  Total, Site stewardship.....................       90,374       90,374
 
  Safeguards and security
    Defense nuclear security
      Operation and maintenance...............      700,044      700,044
      Construction:
        10-D-701 Security improvements project       49,000       49,000
         Y-12 National Security Complex, Oak
         Ridge, TN............................
      Total, Construction.....................       49,000       49,000
    Total, Defense nuclear security...........      749,044      749,044
 
    Cyber security............................      122,511      122,511
  Total, Safeguards and security..............      871,555      871,555
  Use of prior year balances..................                   -42,000
Total, Weapons Activities.....................    6,384,431    6,433,131
 
 
Defense Nuclear Nonproliferation
 
  Nonproliferation and verification research
   and development
     Operation and maintenance................      297,300      337,300
 
  Nonproliferation and international security.      207,202      187,202
 
  International nuclear materials protection        552,300      592,050
   and cooperation............................
     MPC&A....................................                  [39,750]
 
  Elimination of weapons-grade plutonium             24,507       24,507
   production program.........................
 
  Fissile materials disposition
    U.S. surplus fissile materials disposition
      Operation and maintenance
        U.S. plutonium disposition............       90,896       90,896
        U.S. uranium disposition..............       34,691       34,691
        Supporting activities.................        1,075        1,075
      Total, Operation and maintenance........      126,662      126,662
      Construction:
        99-D-143 Mixed oxide fuel fabrication       504,238      504,238
         facility, Savannah River Site, SC....
        99-D-141-02 Waste solidification             70,000       70,000
         building, Savannah River, SC.........
      Total, Construction.....................      574,238      574,238
    Total, U.S. surplus fissile materials           700,900      700,900
     disposition..............................
    Russian surplus materials disposition.....        1,000        1,000
  Total, Fissile materials disposition........      701,900      701,900
 
  Global threat reduction initiative..........      353,500      333,500
 
Subtotal, Defense Nuclear Nonproliferation....    2,136,709    2,176,459
Total, Defense Nuclear Nonproliferation.......    2,136,709    2,176,459
 
 

[[Page 123 STAT. 2832]]

 
Naval Reactors
  Naval reactors development
    Operation and maintenance
      Operation and maintenance...............      935,533      935,533
    Total, Operation and maintenance..........      935,533      935,533
    Construction:
      10-D-903, KAPL Security upgrades,               1,500        1,500
       Schnectady, NY.........................
      10-D-904, NRF infrastructure upgrades,            700          700
       ID.....................................
      09-D-190, PED, Infrastructure upgrades,         1,000        1,000
       KAPL, Schnectady, NY...................
      09-D-902, NRF Production Support                6,400        6,400
       Complex, ID............................
      08-D-190 NRF Project engineering and            9,500        9,500
       design Expended Core Facility M-290
       receiving/discharge station, ID........
      07-D-190 Materials research and                11,700       11,700
       technology complex, BAPL, Pittsburgh,
       PA.....................................
    Total, Construction.......................       30,800       30,800
  Total, Naval reactors development...........      966,333      966,333
  Program direction...........................       36,800       36,800
Total, Naval Reactors.........................    1,003,133    1,003,133
 
Office Of The Administrator
  Office of the administrator.................      431,074      431,074
  Use of prior year balances..................      -10,320      -10,320
Total, Office Of The Administrator............      420,754      420,754
 
 
Total, National Nuclear Security                  9,945,027   10,033,477
 Administration...............................
 
 
Defense Environmental Cleanup
  Closure sites:
    Closure sites administration..............        8,225        8,225
    Miamisburg................................       33,243       33,243
  Total, Closure sites........................       41,468       41,468
 
  Hanford site:
    2012 accelerated completions
      Nuclear facility D&D river corridor           327,955      327,955
       closure project........................
      Nuclear material stabilization and            118,087      118,087
       disposition PFP........................
      SNF stabilization and disposition.......       55,325       55,325
    Total, 2012 accelerated completions.......      501,367      501,367
 
    2035 accelerated completions
      Nuclear facility D&D--remainder of             70,250       70,250
       Hanford................................
      Richland community and regulatory              21,940       21,940
       support................................
      Soil and water remediation--groundwater       176,766      176,766
       vadose zone............................
      Solid waste stabilization and                 132,757      132,757
       disposition 200 area...................
    Total, 2035 accelerated completions.......      401,713      401,713
  Total, Hanford site.........................      903,080      903,080
 
  Idaho National Laboratory:
    SNF stabilization and disposition--2012...       14,768       14,768
    Solid waste stabilization and disposition.      137,000      137,000
    Radioactive liquid tank waste                    95,800       95,800
     stabilization and disposition............
    Construction
      06-D-401 Sodium bearing waste treatment        83,700       83,700
       project, Idaho.........................
    Soil and water remediation--2012..........       71,000       71,000

[[Page 123 STAT. 2833]]

 
    Idaho community and regulatory support....        3,900        3,900
  Total, Idaho National Laboratory............      406,168      406,168
 
  NNSA sites
    Lawrence Livermore National Laboratory....          910          910
    NNSA Service Center/SPRU..................       17,938       17,938
    Nevada....................................       65,674       65,674
    California site support...................          238          238
    Sandia National Laboratories..............        2,864        2,864
    Los Alamos National Laboratory............      189,000      189,000
  Total, NNSA sites and Nevada off-sites......      276,624      276,624
 
  Oak Ridge Reservation:
    Building 3019.............................       38,900       38,900
    Nuclear facility D & D ORNL...............       38,900       38,900
    Nuclear facility D & D Y-12...............       34,000       34,000
    Nuclear facility D & D, E. Tennessee                100          100
     technology park..........................
    OR reservation community and regulatory           6,253        6,253
     support..................................
    Solid waste stabilization and disposition--      35,615       35,615
     2012.....................................
  Total, Oak Ridge Reservation................      153,768      153,768
 
  Office of River Protection:
    Waste treatment and immobilization plant
      Construction:
        01-D-416 Waste treatment and
         immobilization plant
        01-D-16A Low activity waste facility..      100,000      100,000
        01-D-16B Analytical laboratory........       55,000       55,000
        01-D-16C Balance of facilities........       50,000       50,000
        01-D-16D High level waste facility....      160,000      160,000
        01-D-16E Pretreatment facility........      325,000      325,000
    Total, Waste treatment and immobilization       690,000      690,000
     plant....................................
 
    Tank farm activities
      Rad liquid tank waste stabilization and       408,000      408,000
       disposition............................
  Total, Office of River protection...........    1,098,000    1,098,000
 
  Savannah River sites:
    Nuclear material stabilization and
     disposition
      Nuclear material stabilization and            385,310      385,310
       disposition............................
      Construction:
        08-D-414 Project engineering and              6,315        6,315
         design Plutonium Vitrification
         Facility, VL.........................
    Total, Nuclear material stabilization and       391,625      391,625
     disposition..............................
 
    2035 accelerated completions
      SR community and regulatory support.....       18,300       18,300
      Spent nuclear fuel stabilization and           38,768       38,768
       disposition............................
    Total, 2035 accelerated completions.......       57,068       57,068
 
    Tank farm activities
      Radioactive liquid tank waste                 527,138      527,138
       stabilization and disposition..........
      Construction:
        05-D-405 Salt waste processing              234,118      234,118
         facility, Savannah River.............
    Total, Tank farm activities...............      761,256      761,256
  Total, Savannah River site..................    1,209,949    1,209,949
 

[[Page 123 STAT. 2834]]

 
  Waste Isolation Pilot Plant
    Waste isolation pilot plant...............      144,902      144,902
    Central characterization project..........       13,730       13,730
    Transportation............................       33,851       33,851
    Community and regulatory support..........       27,854       27,854
  Total, Waste Isolation Pilot Plant..........      220,337      220,337
 
  Program direction...........................      355,000      355,000
  Program support.............................       34,000       34,000
 
  Safeguards and Security:
    Waste Isolation Pilot Project.............        4,644        4,644
    Oak Ridge Reservation.....................       32,400       32,400
    West Valley...............................        1,859        1,859
    Paducah...................................        8,190        8,190
    Portsmouth................................       17,509       17,509
    Richland/Hanford Site.....................       82,771       82,771
    Savannah River Site.......................      132,064      132,064
  Total, Safeguards and Security..............      279,437      279,437
 
  Technology development......................       55,000       55,000
  Uranium enrichment D&D fund contribution....      463,000      463,000
Subtotal, Defense environmental cleanup.......    5,495,831    5,495,831
 
UNDISTRIBUTED
  Realignment to support NNSA Weapons                     0
   Activities.................................
  Transfer to Title II........................            0
Total, Defense Environmental Cleanup..........    5,495,831    5,495,831
 
 
Other Defense Activities
  Health, safety and security
    Health, safety and security...............      337,757      337,757
    Program direction.........................      112,125      112,125
  Total, Health, safety and security..........      449,882      449,882
 
  Office of Legacy Management
    Legacy management.........................      177,618      177,618
    Program direction.........................       12,184       12,184
  Total, Office of Legacy Management..........      189,802      189,802
 
  Nuclear energy
    Infrastructure
      Idaho facilities management
        INL infrastructure O&M................       83,358       83,358
    Total, Infrastructure.....................       83,358       83,358
 
  Total, Nuclear energy.......................       83,358       83,358
 
  Defense related administrative support......      122,982      122,982
 
  Office of hearings and appeals..............        6,444        6,444
 
Total, Other Defense Activities...............      852,468      852,468
 
Defense Nuclear Waste Disposal
  Defense nuclear waste disposal..............       98,400       98,400
 
 

[[Page 123 STAT. 2835]]

 
Total, Environmental & other defense              6,446,699    6,446,699
 activities...................................
 
 
Total, Atomic Energy Defense Activities.......   16,391,726   16,480,176
 
 
Total, Department of Energy...................   16,397,914   16,486,364
------------------------------------------------------------------------

  DIVISION E-- <<NOTE: Matthew Shepard and James Byrd, Jr. Hate Crimes 
   Prevention Act.>> MATTHEW SHEPARD AND JAMES BYRD, JR. HATE CRIMES 
PREVENTION ACT

Sec. 4701. Short title.
Sec. 4702. Findings.
Sec. 4703. Definitions.
Sec. 4704. Support for criminal investigations and prosecutions by 
           State, local, and tribal law enforcement officials.
Sec. 4705. Grant program.
Sec. 4706. Authorization for additional personnel to assist State, 
           local, and tribal law enforcement.
Sec. 4707. Prohibition of certain hate crime acts.
Sec. 4708. Statistics.
Sec. 4709. Severability.
Sec. 4710. Rule of construction.
Sec. 4711. Guidelines for hate-crimes offenses.
Sec. 4712. Attacks on United States servicemen.
Sec. 4713. Report on mandatory minimum sentencing provisions.

SEC. 4701. <<NOTE: 18 USC 1 note.>> SHORT TITLE.

    This division may be cited as the ``Matthew Shepard and James Byrd, 
Jr. Hate Crimes Prevention Act''.
SEC. 4702. <<NOTE: 18 USC 249 note.>> FINDINGS.

    Congress makes the following findings:
            (1) The incidence of violence motivated by the actual or 
        perceived race, color, religion, national origin, gender, sexual 
        orientation, gender identity, or disability of the victim poses 
        a serious national problem.
            (2) Such violence disrupts the tranquility and safety of 
        communities and is deeply divisive.
            (3) State and local authorities are now and will continue to 
        be responsible for prosecuting the overwhelming majority of 
        violent crimes in the United States, including violent crimes 
        motivated by bias. These authorities can carry out their 
        responsibilities more effectively with greater Federal 
        assistance.
            (4) Existing Federal law is inadequate to address this 
        problem.
            (5) A prominent characteristic of a violent crime motivated 
        by bias is that it devastates not just the actual victim and the 
        family and friends of the victim, but frequently savages the 
        community sharing the traits that caused the victim to be 
        selected.
            (6) Such violence substantially affects interstate commerce 
        in many ways, including the following:

[[Page 123 STAT. 2836]]

                    (A) The movement of members of targeted groups is 
                impeded, and members of such groups are forced to move 
                across State lines to escape the incidence or risk of 
                such violence.
                    (B) Members of targeted groups are prevented from 
                purchasing goods and services, obtaining or sustaining 
                employment, or participating in other commercial 
                activity.
                    (C) Perpetrators cross State lines to commit such 
                violence.
                    (D) Channels, facilities, and instrumentalities of 
                interstate commerce are used to facilitate the 
                commission of such violence.
                    (E) Such violence is committed using articles that 
                have traveled in interstate commerce.
            (7) For generations, the institutions of slavery and 
        involuntary servitude were defined by the race, color, and 
        ancestry of those held in bondage. Slavery and involuntary 
        servitude were enforced, both prior to and after the adoption of 
        the 13th amendment to the Constitution of the United States, 
        through widespread public and private violence directed at 
        persons because of their race, color, or ancestry, or perceived 
        race, color, or ancestry. Accordingly, eliminating racially 
        motivated violence is an important means of eliminating, to the 
        extent possible, the badges, incidents, and relics of slavery 
        and involuntary servitude.
            (8) Both at the time when the 13th, 14th, and 15th 
        amendments to the Constitution of the United States were 
        adopted, and continuing to date, members of certain religious 
        and national origin groups were and are perceived to be distinct 
        ``races''. Thus, in order to eliminate, to the extent possible, 
        the badges, incidents, and relics of slavery, it is necessary to 
        prohibit assaults on the basis of real or perceived religions or 
        national origins, at least to the extent such religions or 
        national origins were regarded as races at the time of the 
        adoption of the 13th, 14th, and 15th amendments to the 
        Constitution of the United States.
            (9) Federal jurisdiction over certain violent crimes 
        motivated by bias enables Federal, State, and local authorities 
        to work together as partners in the investigation and 
        prosecution of such crimes.
            (10) The problem of crimes motivated by bias is sufficiently 
        serious, widespread, and interstate in nature as to warrant 
        Federal assistance to States, local jurisdictions, and Indian 
        tribes.
SEC. 4703. DEFINITIONS.

    (a) Amendment.--Section 280003(a) of the Violent Crime Control and 
Law Enforcement Act of 1994 (Public Law 103-322; 108 Stat. 
2096) <<NOTE: 28 USC 994 note.>> is amended by inserting ``gender 
identity,'' after ``gender,''.

    (b) <<NOTE: 42 USC 3716 note.>> This Division.--In this division--
            (1) the term ``crime of violence'' has the meaning given 
        that term in section 16 of title 18, United States Code;
            (2) the term ``hate crime'' has the meaning given that term 
        in section 280003(a) of the Violent Crime Control and Law 
        Enforcement Act of 1994 (Public Law 103-322; 108 Stat. 2096), as 
        amended by this Act;

[[Page 123 STAT. 2837]]

            (3) the term ``local'' means a county, city, town, township, 
        parish, village, or other general purpose political subdivision 
        of a State; and
            (4) the term ``State'' includes the District of Columbia, 
        Puerto Rico, and any other territory or possession of the United 
        States.
SEC. 4704. <<NOTE: 42 USC 3716.>> SUPPORT FOR CRIMINAL 
                          INVESTIGATIONS AND PROSECUTIONS BY 
                          STATE, LOCAL, AND TRIBAL LAW ENFORCEMENT 
                          OFFICIALS.

    (a) Assistance Other Than Financial Assistance.--
            (1) In general.--At the request of a State, local, or tribal 
        law enforcement agency, the Attorney General may provide 
        technical, forensic, prosecutorial, or any other form of 
        assistance in the criminal investigation or prosecution of any 
        crime that--
                    (A) constitutes a crime of violence;
                    (B) constitutes a felony under the State, local, or 
                tribal laws; and
                    (C) is motivated by prejudice based on the actual or 
                perceived race, color, religion, national origin, 
                gender, sexual orientation, gender identity, or 
                disability of the victim, or is a violation of the 
                State, local, or tribal hate crime laws.
            (2) Priority.--In providing assistance under paragraph (1), 
        the Attorney General shall give priority to crimes committed by 
        offenders who have committed crimes in more than one State and 
        to rural jurisdictions that have difficulty covering the 
        extraordinary expenses relating to the investigation or 
        prosecution of the crime.

    (b) Grants.--
            (1) In general.--The Attorney General may award grants to 
        State, local, and tribal law enforcement agencies for 
        extraordinary expenses associated with the investigation and 
        prosecution of hate crimes.
            (2) Office of justice programs.--In implementing the grant 
        program under this subsection, the Office of Justice Programs 
        shall work closely with grantees to ensure that the concerns and 
        needs of all affected parties, including community groups and 
        schools, colleges, and universities, are addressed through the 
        local infrastructure developed under the grants.
            (3) Application.--
                    (A) In general.--Each State, local, and tribal law 
                enforcement agency that desires a grant under this 
                subsection shall submit an application to the Attorney 
                General at such time, in such manner, and accompanied by 
                or containing such information as the Attorney General 
                shall reasonably require.
                    (B) Date for submission.--Applications submitted 
                pursuant to subparagraph (A) shall be submitted during 
                the 60-day period beginning on a date that the Attorney 
                General shall prescribe.
                    (C) Requirements.--A State, local, and tribal law 
                enforcement agency applying for a grant under this 
                subsection shall--
                          (i) describe the extraordinary purposes for 
                      which the grant is needed;

[[Page 123 STAT. 2838]]

                          (ii) <<NOTE: Certification.>> certify that the 
                      State, local government, or Indian tribe lacks the 
                      resources necessary to investigate or prosecute 
                      the hate crime;
                          (iii) demonstrate that, in developing a plan 
                      to implement the grant, the State, local, and 
                      tribal law enforcement agency has consulted and 
                      coordinated with nonprofit, nongovernmental victim 
                      services programs that have experience in 
                      providing services to victims of hate crimes; and
                          (iv) <<NOTE: Certification.>> certify that any 
                      Federal funds received under this subsection will 
                      be used to supplement, not supplant, non-Federal 
                      funds that would otherwise be available for 
                      activities funded under this subsection.
            (4) Deadline.--An application for a grant under this 
        subsection shall be approved or denied by the Attorney General 
        not later than 180 business days after the date on which the 
        Attorney General receives the application.
            (5) Grant amount.--A grant under this subsection shall not 
        exceed $100,000 for any single jurisdiction in any 1-year 
        period.
            (6) Report.--Not later than December 31, 2011, the Attorney 
        General shall submit to Congress a report describing the 
        applications submitted for grants under this subsection, the 
        award of such grants, and the purposes for which the grant 
        amounts were expended.
            (7) Authorization of appropriations.--There is authorized to 
        be appropriated to carry out this subsection $5,000,000 for each 
        of fiscal years 2010, 2011, and 2012.
SEC. 4705. <<NOTE: 42 USC 3716a.>> GRANT PROGRAM.

    (a) Authority to Award Grants.--The Office of Justice Programs of 
the Department of Justice may award grants, in accordance with such 
regulations as the Attorney General may prescribe, to State, local, or 
tribal programs designed to combat hate crimes committed by juveniles, 
including programs to train local law enforcement officers in 
identifying, investigating, prosecuting, and preventing hate crimes.
    (b) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as may be necessary to carry out this section.
SEC. 4706. AUTHORIZATION FOR ADDITIONAL PERSONNEL TO ASSIST STATE, 
                          LOCAL, AND TRIBAL LAW ENFORCEMENT.

    There are authorized to be appropriated to the Department of 
Justice, including the Community Relations Service, for fiscal years 
2010, 2011, and 2012 such sums as are necessary to increase the number 
of personnel to prevent and respond to alleged violations of section 249 
of title 18, United States Code, as added by section 4707 of this 
division.
SEC. 4707. PROHIBITION OF CERTAIN HATE CRIME ACTS.

    (a) In General.--Chapter 13 of title 18, United States Code, is 
amended by adding at the end the following:
``Sec. 249. Hate crime acts

    ``(a) In General.--
            ``(1) Offenses involving actual or perceived race, color, 
        religion, or national origin.--Whoever, whether or

[[Page 123 STAT. 2839]]

        not acting under color of law, willfully causes bodily injury to 
        any person or, through the use of fire, a firearm, a dangerous 
        weapon, or an explosive or incendiary device, attempts to cause 
        bodily injury to any person, because of the actual or perceived 
        race, color, religion, or national origin of any person--
                    ``(A) shall be imprisoned not more than 10 years, 
                fined in accordance with this title, or both; and
                    ``(B) shall be imprisoned for any term of years or 
                for life, fined in accordance with this title, or both, 
                if--
                          ``(i) death results from the offense; or
                          ``(ii) the offense includes kidnapping or an 
                      attempt to kidnap, aggravated sexual abuse or an 
                      attempt to commit aggravated sexual abuse, or an 
                      attempt to kill.
            ``(2) Offenses involving actual or perceived religion, 
        national origin, gender, sexual orientation, gender identity, or 
        disability.--
                    ``(A) In general.--Whoever, whether or not acting 
                under color of law, in any circumstance described in 
                subparagraph (B) or paragraph (3), willfully causes 
                bodily injury to any person or, through the use of fire, 
                a firearm, a dangerous weapon, or an explosive or 
                incendiary device, attempts to cause bodily injury to 
                any person, because of the actual or perceived religion, 
                national origin, gender, sexual orientation, gender 
                identity, or disability of any person--
                          ``(i) shall be imprisoned not more than 10 
                      years, fined in accordance with this title, or 
                      both; and
                          ``(ii) shall be imprisoned for any term of 
                      years or for life, fined in accordance with this 
                      title, or both, if--
                                    ``(I) death results from the 
                                offense; or
                                    ``(II) the offense includes 
                                kidnapping or an attempt to kidnap, 
                                aggravated sexual abuse or an attempt to 
                                commit aggravated sexual abuse, or an 
                                attempt to kill.
                    ``(B) Circumstances described.--For purposes of 
                subparagraph (A), the circumstances described in this 
                subparagraph are that--
                          ``(i) the conduct described in subparagraph 
                      (A) occurs during the course of, or as the result 
                      of, the travel of the defendant or the victim--
                                    ``(I) across a State line or 
                                national border; or
                                    ``(II) using a channel, facility, or 
                                instrumentality of interstate or foreign 
                                commerce;
                          ``(ii) the defendant uses a channel, facility, 
                      or instrumentality of interstate or foreign 
                      commerce in connection with the conduct described 
                      in subparagraph (A);
                          ``(iii) in connection with the conduct 
                      described in subparagraph (A), the defendant 
                      employs a firearm, dangerous weapon, explosive or 
                      incendiary device, or other weapon that has 
                      traveled in interstate or foreign commerce; or
                          ``(iv) the conduct described in subparagraph 
                      (A)--

[[Page 123 STAT. 2840]]

                                    ``(I) interferes with commercial or 
                                other economic activity in which the 
                                victim is engaged at the time of the 
                                conduct; or
                                    ``(II) otherwise affects interstate 
                                or foreign commerce.
            ``(3) Offenses occurring in the special maritime or 
        territorial jurisdiction of the united states.--Whoever, within 
        the special maritime or territorial jurisdiction of the United 
        States, engages in conduct described in paragraph (1) or in 
        paragraph (2)(A) (without regard to whether that conduct 
        occurred in a circumstance described in paragraph (2)(B)) shall 
        be subject to the same penalties as prescribed in those 
        paragraphs.

    ``(b) Certification Requirement.--
            ``(1) In general.--No prosecution of any offense described 
        in this subsection may be undertaken by the United States, 
        except under the certification in writing of the Attorney 
        General, or a designee, that--
                    ``(A) the State does not have jurisdiction;
                    ``(B) the State has requested that the Federal 
                Government assume jurisdiction;
                    ``(C) the verdict or sentence obtained pursuant to 
                State charges left demonstratively unvindicated the 
                Federal interest in eradicating bias-motivated violence; 
                or
                    ``(D) a prosecution by the United States is in the 
                public interest and necessary to secure substantial 
                justice.
            ``(2) Rule of construction.--Nothing in this subsection 
        shall be construed to limit the authority of Federal officers, 
        or a Federal grand jury, to investigate possible violations of 
        this section.

    ``(c) Definitions.--In this section--
            ``(1) the term `bodily injury' has the meaning given such 
        term in section 1365(h)(4) of this title, but does not include 
        solely emotional or psychological harm to the victim;
            ``(2) the term `explosive or incendiary device' has the 
        meaning given such term in section 232 of this title;
            ``(3) the term `firearm' has the meaning given such term in 
        section 921(a) of this title;
            ``(4) the term `gender identity' means actual or perceived 
        gender-related characteristics; and
            ``(5) the term `State' includes the District of Columbia, 
        Puerto Rico, and any other territory or possession of the United 
        States.

    ``(d) Statute of Limitations.--
            ``(1) <<NOTE: Deadline.>> Offenses not resulting in death.--
        Except as provided in paragraph (2), no person shall be 
        prosecuted, tried, or punished for any offense under this 
        section unless the indictment for such offense is found, or the 
        information for such offense is instituted, not later than 7 
        years after the date on which the offense was committed.
            ``(2) Death resulting offenses.--An indictment or 
        information alleging that an offense under this section resulted 
        in death may be found or instituted at any time without 
        limitation.''.

[[Page 123 STAT. 2841]]

    (b) Technical and Conforming Amendment.--The table of sections for 
chapter 13 of title 18, United States Code, is amended by adding at the 
end the following:

``249. Hate crime acts.''.

SEC. 4708. STATISTICS.

    (a) In General.--Subsection (b)(1) of the first section of the Hate 
Crime Statistics Act (28 U.S.C. 534 note) is amended by inserting 
``gender and gender identity,'' after ``race,''.
    (b) Data.--Subsection (b)(5) of the first section of the Hate Crime 
Statistics Act (28 U.S.C. 534 note) is amended by inserting ``, 
including data about crimes committed by, and crimes directed against, 
juveniles'' after ``data acquired under this section''.
SEC. 4709. <<NOTE: 18 USC 249 note.>> SEVERABILITY.

    If any provision of this division, an amendment made by this 
division, or the application of such provision or amendment to any 
person or circumstance is held to be unconstitutional, the remainder of 
this division, the amendments made by this division, and the application 
of the provisions of such to any person or circumstance shall not be 
affected thereby.
SEC. 4710. <<NOTE: 18 USC 249 note.>> RULE OF CONSTRUCTION.

     <<NOTE: Applicability.>> For purposes of construing this division 
and the amendments made by this division the following shall apply:
            (1) In general.--Nothing in this division shall be construed 
        to allow a court, in any criminal trial for an offense described 
        under this division or an amendment made by this division, in 
        the absence of a stipulation by the parties, to admit evidence 
        of speech, beliefs, association, group membership, or expressive 
        conduct unless that evidence is relevant and admissible under 
        the Federal Rules of Evidence. Nothing in this division is 
        intended to affect the existing rules of evidence.
            (2) Violent acts.--This division applies to violent acts 
        motivated by actual or perceived race, color, religion, national 
        origin, gender, sexual orientation, gender identity, or 
        disability of a victim.
            (3) Construction and application.--Nothing in this division, 
        or an amendment made by this division, shall be construed or 
        applied in a manner that infringes any rights under the first 
        amendment to the Constitution of the United States. Nor shall 
        anything in this division, or an amendment made by this 
        division, be construed or applied in a manner that substantially 
        burdens a person's exercise of religion (regardless of whether 
        compelled by, or central to, a system of religious belief), 
        speech, expression, or association, unless the Government 
        demonstrates that application of the burden to the person is in 
        furtherance of a compelling governmental interest and is the 
        least restrictive means of furthering that compelling 
        governmental interest, if such exercise of religion, speech, 
        expression, or association was not intended to--
                    (A) plan or prepare for an act of physical violence; 
                or
                    (B) incite an imminent act of physical violence 
                against another.

[[Page 123 STAT. 2842]]

            (4) Free expression.--Nothing in this division shall be 
        construed to allow prosecution based solely upon an individual's 
        expression of racial, religious, political, or other beliefs or 
        solely upon an individual's membership in a group advocating or 
        espousing such beliefs.
            (5) First amendment.--Nothing in this division, or an 
        amendment made by this division, shall be construed to diminish 
        any rights under the first amendment to the Constitution of the 
        United States.
            (6) Constitutional protections.--Nothing in this division 
        shall be construed to prohibit any constitutionally protected 
        speech, expressive conduct or activities (regardless of whether 
        compelled by, or central to, a system of religious belief), 
        including the exercise of religion protected by the first 
        amendment to the Constitution of the United States and peaceful 
        picketing or demonstration. The Constitution of the United 
        States does not protect speech, conduct or activities consisting 
        of planning for, conspiring to commit, or committing an act of 
        violence.
SEC. 4711. GUIDELINES FOR HATE-CRIMES OFFENSES.

    Section 249(a) of title 18, United States Code, as added by section 
4707 of this Act, is amended by adding at the end the following:
            ``(4) Guidelines.--All prosecutions conducted by the United 
        States under this section shall be undertaken pursuant to 
        guidelines issued by the Attorney General, or the designee of 
        the Attorney General, to be included in the United States 
        Attorneys' Manual that shall establish neutral and objective 
        criteria for determining whether a crime was committed because 
        of the actual or perceived status of any person.''.
SEC. 4712. ATTACKS ON UNITED STATES SERVICEMEN.

    (a) In General.--Chapter 67 of title 18, United States Code, is 
amended by adding at the end the following:
``Sec. 1389. Prohibition on attacks on United States servicemen on 
                  account of service

    ``(a) In General.--Whoever knowingly assaults or batters a United 
States serviceman or an immediate family member of a United States 
serviceman, or who knowingly destroys or injures the property of such 
serviceman or immediate family member, on account of the military 
service of that serviceman or status of that individual as a United 
States serviceman, or who attempts or conspires to do so, shall--
            ``(1) in the case of a simple assault, or destruction or 
        injury to property in which the damage or attempted damage to 
        such property is not more than $500, be fined under this title 
        in an amount not less than $500 nor more than $10,000 and 
        imprisoned not more than 2 years;
            ``(2) in the case of destruction or injury to property in 
        which the damage or attempted damage to such property is more 
        than $500, be fined under this title in an amount not less than 
        $1000 nor more than $100,000 and imprisoned not more than 5 
        years; and
            ``(3) in the case of a battery, or an assault resulting in 
        bodily injury, be fined under this title in an amount not less

[[Page 123 STAT. 2843]]

        than $2500 and imprisoned not less than 6 months nor more than 
        10 years.

    ``(b) Exception.--This section shall not apply to conduct by a 
person who is subject to the Uniform Code of Military Justice.
    ``(c) Definitions.--In this section--
            ``(1) the term `Armed Forces' has the meaning given that 
        term in section 1388;
            ``(2) the term `immediate family member' has the meaning 
        given that term in section 115; and
            ``(3) the term `United States serviceman'--
                    ``(A) means a member of the Armed Forces; and
                    ``(B) includes a former member of the Armed Forces 
                during the 5-year period beginning on the date of the 
                discharge from the Armed Forces of that member of the 
                Armed Forces.''.

    (b) Technical and Conforming Amendment.--The table of sections for 
chapter 67 of title 18, United States Code, is amended by adding at the 
end the following:

``1389. Prohibition on attacks on United States servicemen on account of 
           service.''.

SEC. 4713. REPORT ON MANDATORY MINIMUM SENTENCING PROVISIONS.

    (a) Report.--Not later than 1 year after the date of enactment of 
this Act, the United States Sentencing Commission shall submit to the 
Committee on the Judiciary of the Senate and the Committee on the 
Judiciary of the House of Representatives a report on mandatory minimum 
sentencing provisions under Federal law.
    (b) Contents of Report.--The report submitted under subsection (a) 
shall include--
            (1) a compilation of all mandatory minimum sentencing 
        provisions under Federal law;
            (2) an assessment of the effect of mandatory minimum 
        sentencing provisions under Federal law on the goal of 
        eliminating unwarranted sentencing disparity and other goals of 
        sentencing;
            (3) an assessment of the impact of mandatory minimum 
        sentencing provisions on the Federal prison population;
            (4) an assessment of the compatibility of mandatory minimum 
        sentencing provisions under Federal law and the sentencing 
        guidelines system established under the Sentencing Reform Act of 
        1984 (Public Law 98-473; 98 Stat. 1987) and the sentencing 
        guidelines system in place after Booker v. United States, 543 
        U.S. 220 (2005);
            (5) a description of the interaction between mandatory 
        minimum sentencing provisions under Federal law and plea 
        agreements;
            (6) a detailed empirical research study of the effect of 
        mandatory minimum penalties under Federal law;
            (7) a discussion of mechanisms other than mandatory minimum 
        sentencing laws by which Congress can take action with respect 
        to sentencing policy; and

[[Page 123 STAT. 2844]]

            (8) any other information that the Commission determines 
        would contribute to a thorough assessment of mandatory minimum 
        sentencing provisions under Federal law.

    Approved October 28, 2009.

LEGISLATIVE HISTORY--H.R. 2647 (S. 1390):
---------------------------------------------------------------------------

HOUSE REPORTS: Nos. 111-166 and Pt. 2 (both from Comm. on Armed 
Services) and 111-288 (Comm. of Conference).
SENATE REPORTS: No. 111-35 (Comm. on Armed Services) accompanying S. 
1390.
CONGRESSIONAL RECORD, Vol. 155 (2009):
            June 24, 25, considered and passed House.
            July 23, considered and passed Senate, amended, in lieu of 
                S. 1390.
            Oct. 8, House agreed to conference report.
            Oct. 20-22, Senate considered and agreed to conference 
                report.
DAILY COMPILATION OF PRESIDENTIAL DOCUMENTS (2009):
            Oct. 28, Presidential remarks.

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