111TH CONGRESS 

1ST SESSION S. 1391 

AN ACT 

To authorize appropriations for fiscal year 2010 for military 

activities of the Department of Defense, to prescribe 

military personnel strengths for such fiscal year, and 

for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 
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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Department of Defense 

3 Authorization Act for Fiscal Year 2010’’. 

4 SEC. 2. TABLE OF CONTENTS. 

5 The table of contents for this Act is as follows: 

Sec. 1. Short title. 

Sec. 2. 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. Funding table. 

Sec. 106. Elimination of F–22A aircraft procurement funding. 

Subtitle B—Navy Programs 

Sec. 111. Treatment of Littoral Combat Ship program as a major defense acquisition program. 

Sec. 112. Report on strategic plan for homeporting the Littoral Combat Ship. 

Sec. 113. Procurement programs for future naval surface combatants. 

Sec. 114. Report on a service life extension program for Oliver Hazard Perry 

class frigates. 

Sec. 115. Competitive bidding for procurement of steam turbines for ships service turbine generators and main propulsion turbines for Ohioclass submarine replacement program. 

Subtitle C—Air Force Matters 

Sec. 121. Limitation on retirement of C–5 aircraft. 

Sec. 122. Revised availability of certain funds available for the F–22A fighter 

aircraft. 

Sec. 123. Report on potential foreign military sales of the F–22A fighter aircraft. 

Sec. 124. Next generation bomber aircraft. 

Sec. 125. AC–130 gunships. 

Sec. 126. Report on E–8C Joint Surveillance and Target Attack Radar System 

re-engining. 

Subtitle D—Joint and Multiservice Matters 

Sec. 131. Modification of nature of data link utilizable by tactical unmanned 

aerial vehicles. 

TITLE II—RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 
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Subtitle A—Authorization of Appropriations 

Sec. 201. Authorization of appropriations. 

Subtitle B—Program Requirements, Restrictions, and Limitations 

Sec. 211. Limitation on use of funds for an alternative propulsion system for 

the F–35 Joint Strike Fighter program; increase in funding for 

procurement of UH–1Y/AH–1Z rotary wing aircraft and for 

management reserves for the F–35 Joint Strike Fighter program. 

Sec. 212. Enhancement of duties of Director of Department of Defense Test 

Resource Management Center with respect to the Major Range 

and Test Facility Base. 

Sec. 213. Guidance on specification of funding requested for operation, 

sustainment, modernization, and personnel of major ranges 

and test facilities. 

Sec. 214. Permanent authority for the Joint Defense Manufacturing Technology Panel. 

Sec. 215. Extension and enhancement of Global Research Watch Program. 

Sec. 216. Three-year extension of authority for prizes for advanced technology 

achievements. 

Sec. 217. Modification of report requirements regarding Defense Science and 

Technology Program. 

Sec. 218. Programs for ground combat vehicle and self propelled howitzer capabilities for the Army. 

Sec. 219. Assessment of technological maturity and integration risk of Army 

modernization programs. 

Sec. 220. Assessment of strategy for technology for modernization of the combat vehicle and tactical wheeled vehicle fleets. 

Sec. 221. Systems engineering and prototyping program. 

Subtitle C—Missile Defense Programs 

Sec. 241. Sense of Congress on ballistic missile defense. 

Sec. 242. Comprehensive plan for test and evaluation of the Ballistic Missile 

Defense System. 

Sec. 243. Assessment and plan for the Ground-based Midcourse Defense element of the Ballistic Missile Defense System. 

Sec. 244. Report on potential missile defense cooperation with Russia. 

Sec. 245. Continued production of Ground-based Interceptor missile and operation of Missile Field 1 at Fort Greely, Alaska. 

Sec. 246. Sense of Senate on and reservation of funds for development and deployment of missile defense systems in Europe. 

Sec. 247. Extension of deadline for study on boost-phase missile defense. 

Subtitle D—Other Matters 

Sec. 251. Repeal of requirement for biennial joint warfighting science and technology plan. 

Sec. 252. Modification of reporting requirement for defense nanotechnology research and development program. 

Sec. 253. Evaluation of Extended Range Modular Sniper Rifle Systems. 

TITLE III—OPERATION AND MAINTENANCE 

Subtitle A—Authorization of Appropriations 
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Sec. 301. Operation and maintenance funding. 

Subtitle B—Environmental Provisions 

Sec. 311. Reimbursement of Environmental Protection Agency for certain costs 

in connection with the former Nansemond Ordnance Depot 

Site, Suffolk, Virginia. 

Subtitle C—Workplace and Depot Issues 

Sec. 321. Modification of authority for Army industrial facilities to engage in 

cooperative activities with non-Army entities. 

Sec. 322. Improvement of inventory management practices. 

Sec. 323. Temporary suspension of authority for public–private competitions. 

Sec. 323A. Public-private competition required before conversion of any department of defense function performed by civilian employees to 

contractor performance. 

Sec. 323B. Time limitation on duration of public-private competitions. 

Sec. 323C. Termination of certain public-private competitions for conversion of 

department of defense functions to performance by a contractor. 

Sec. 324. Extension of arsenal support program initiative. 

Sec. 325. 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 Provisions 

Sec. 331. Energy security on Department of Defense installations. 

Sec. 332. Extension and expansion of reporting requirements regarding Department of Defense energy efficiency programs. 

Sec. 333. Alternative Aviation Fuel Initiative. 

Sec. 334. Authorization of appropriations for Director of Operational Energy. 

Sec. 335. Department of Defense participation in programs for management of 

energy demand or reduction of energy usage during peak periods. 

Subtitle E—Reports 

Sec. 341. Study on Army modularity. 

Sec. 342. Plan for managing vegetative encroachment at training ranges. 

Sec. 343. Report on status of Air National Guard and Air Force Reserve. 

TITLE IV—MILITARY PERSONNEL AUTHORIZATIONS 

Subtitle A—Active Forces 

Sec. 401. End strengths for active forces. 

Sec. 402. Additional authority for increases of Army active-duty end strengths 

for fiscal years 2010, 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. 
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Sec. 415. Maximum number of reserve personnel authorized to be on active 

duty for operational support. 

Sec. 416. Report on trainee account for the Army National Guard. 

Sec. 417. Authority for service Secretary variances for Selected Reserve end 

strengths. 

Subtitle C—Authorization of Appropriations 

Sec. 421. Military personnel. 

TITLE V—MILITARY PERSONNEL POLICY 

Subtitle A—Officer Personnel Policy 

Sec. 501. Modification of limitations on general and flag officers on active duty. 

Sec. 502. Revisions to annual report requirement on joint officer management. 

Sec. 503. Grade of Legal Counsel to the Chairman of the Joint Chiefs of Staff. 

Sec. 504. Chief and Deputy Chief of Chaplains of the Air Force. 

Subtitle B—Reserve Component Management 

Sec. 511. Report on requirements of the National Guard for non-dual status 

technicians. 

Subtitle C—Education and Training 

Sec. 521. Grade of commissioned officers in uniformed medical accession programs. 

Sec. 522. Expansion of criteria for appointment as member of the Board of Regents of the Uniformed Services University of the Health 

Sciences. 

Sec. 523. Detail of commissioned officers as students at schools of psychology. 

Sec. 524. Air Force Academy Athletic Association. 

Subtitle D—Defense Dependents’ Education Matters 

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. Permanent authority for enrollment in defense dependents’ education 

system of dependents of foreign military members assigned to 

Supreme Headquarters Allied Powers, Europe. 

Sec. 535. Study on options for educational opportunities for dependent children 

of members of the Armed Forces who do not attend Department of Defense dependents schools. 

Sec. 536. Sense of Senate on the Interstate Compact on Educational Opportunity for Military Children. 

Sec. 537. Comptroller General audit of assistance to local educational agencies 

for dependent children of members of the Armed Forces. 

Sec. 538. Authority to extend eligibility for enrollment in Department of Defense elementary and secondary schools to certain additional 

categories of dependents. 

Subtitle E—Military Justice and Legal Assistance Matters 
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Sec. 541. Independent review of judge advocate requirements of the Department of the Navy. 

Subtitle F—Military Family Readiness Matters 

Sec. 551. Additional members on the Department of Defense Military Family 

Readiness Council. 

Sec. 552. Comprehensive plan on prevention, diagnosis, and treatment of substance use disorders and disposition of substance abuse offenders in the Armed Forces. 

Sec. 553. Military community support for children with autism and their families. 

Sec. 554. Reports on effects of deployments on military children and the availability of mental health care and counseling services for military children. 

Sec. 555. Report on child custody litigation involving service of members of the 

Armed Forces. 

Sec. 556. Sense of Senate on preparation and coordination of Family Care 

Plans. 

Sec. 557. Expansion of suicide prevention and community healing and response 

training under the Yellow Ribbon Reintegration Program. 

Sec. 558. Report on Yellow Ribbon Reintegration Program. 

Sec. 559. Improved access to mental health care for family members of members of the National Guard and Reserve who are deployed overseas. 

Sec. 560. Full access to mental health care for family members of members of 

the National Guard and Reserve who are deployed overseas. 

Sec. 561. Comptroller General report on child care assistance for deployed 

members of the reserve components of the Armed Forces. 

Subtitle G—Other Matters 

Sec. 571. Deadline for report on sexual assault in the Armed Forces by Defense Task Force on Sexual Assault in the Military Services. 

Sec. 572. Clarification of performance policies for military musical units and 

musicians. 

Sec. 573. Guarantee of residency for spouses of military personnel for voting 

purposes. 

Sec. 574. Determination for tax purposes of residence of spouses of military 

personnel. 

Sec. 575. Suspension of land rights residency requirement for spouses of military personnel. 

Sec. 576. Modification of Department of Defense share of expenses under National Guard Youth Challenge Program. 

Sec. 577. Provision to members of the Armed Forces and their families of comprehensive information on benefits for members of the Armed 

Forces and their families. 

Subtitle H—Military Voting 

Sec. 581. Short title. 

Sec. 582. Findings. 

Sec. 583. Clarification regarding delegation of State responsibilities. 
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Sec. 584. 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. 585. Establishment of procedures for States to transmit blank absentee 

ballots by mail and electronically to absent uniformed services 

voters and overseas voters. 

Sec. 586. Ensuring absent uniformed services voters and overseas voters have 

time to vote. 

Sec. 587. Procedures for Collection and Delivery of Marked Absentee Ballots 

of Absent Overseas Uniformed Services Voters. 

Sec. 588. Federal write-in absentee ballot. 

Sec. 589. 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. 590. Federal Voting Assistance Program Improvements. 

Sec. 591. Development of standards for reporting and storing certain data. 

Sec. 592. Repeal of provisions relating to use of single application for all subsequent elections. 

Sec. 593. Reporting requirements. 

Sec. 594. Annual report on enforcement. 

Sec. 595. Requirements payments. 

Sec. 596. Technology pilot program. 

TITLE VI—COMPENSATION AND OTHER PERSONNEL BENEFITS 

Subtitle A—Pay and Allowances 

Sec. 601. Fiscal year 2010 increase in military basic pay. 

Sec. 602. Comptroller General of the United States comparative assessment of 

military and private-sector pay and benefits. 

Sec. 603. Increase in maximum monthly amount of supplemental subsistence 

allowance for low-income members with dependents. 

Sec. 604. Benefits under Post-Deployment/Mobilization Respite Absence program for certain periods before implementation of program. 

Subtitle B—Bonuses and Special and Incentive Pays 

Sec. 611. Extension of certain bonus and special pay authorities for Reserve 

forces. 

Sec. 612. Extension of certain bonus and special pay authorities for health care 

professionals. 

Sec. 613. Extension of special pay and bonus authorities for nuclear officers. 

Sec. 614. Extension of authorities relating to title 37 consolidated special pay, 

incentive pay, and bonus authorities. 

Sec. 615. Extension of authorities relating to payment of other title 37 bonuses 

and special pays. 

Sec. 616. Extension of authorities relating to payment of referral bonuses. 

Sec. 617. Special compensation for members of the uniformed services with serious injuries or illnesses requiring assistance in everyday living. 

Sec. 618. Temporary authority for monthly special pay for members of the 

Armed Forces subject to continuing active duty or service 

under stop-loss authorities. 

Subtitle C—Travel and Transportation Allowances 
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Sec. 631. Travel and transportation allowances for designated individuals of 

wounded, ill, or injured members of the uniformed services for 

duration of inpatient treatment. 

Sec. 632. Travel and transportation allowances for non-medical attendants of 

seriously wounded, ill, or injured members of the uniformed 

services. 

Sec. 633. Travel and transportation allowances for members of the reserve components of the Armed Forces on leave for suspension of training. 

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. Travel and transportation for survivors of deceased members of the 

uniformed services to attend memorial ceremonies. 

Subtitle D—Other Matters 

Sec. 651. Authority to continue provision of incentives after termination of temporary Army authority to provide additional recruitment incentives. 

Sec. 652. Repeal of requirement of reduction of SBP survivor annuities by dependency and indemnity compensation. 

Sec. 653. Sense of Congress on airfares for members of the Armed Forces. 

Sec. 654. Continuation on active duty of reserve component members during 

physical disability evaluation following mobilization and deployment. 

Sec. 655. Use of local residences for community-based care for certain reserve 

component members. 

Sec. 656. Assistance with transitional benefits. 

Sec. 657. Report on recruitment and retention of members of the Air Force in 

nuclear career fields. 

Sec. 658. Sense of Congress on establishment of flexible spending arrangements 

for the uniformed services. 

Sec. 659. Treatment as active service for retired pay purposes of service as 

member of Alaska Territorial Guard during World War II. 

Sec. 660. Inclusion of service after September 11, 2001, in determination of reduced eligibility age for receipt of non-regular service retired 

pay. 

TITLE VII—HEALTH CARE PROVISIONS 

Subtitle A—TRICARE Program 

Sec. 701. TRICARE Standard coverage for certain members of the Retired Reserve, and family members, who are qualified for a non-regular 

retirement but are not yet age 60. 

Sec. 702. Expansion of eligibility of survivors under the TRICARE dental program. 

Sec. 703. Constructive eligibility for TRICARE benefits of certain persons otherwise ineligible under retroactive determination of entitlement 

to Medicare part A hospital insurance benefits. 

Sec. 704. Reform and improvement of the TRICARE program. 

Sec. 705. Comptroller General of the United States report on implementation 

of requirements on the relationship between the TRICARE 

program and employer-sponsored group health plans. 
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Sec. 706. Sense of the Senate on health care benefits and costs for members 

of the Armed Forces and their families. 

Sec. 707. Notification of certain individuals regarding options for enrollment 

under Medicare part B. 

Subtitle B—Other Health Care Benefits 

Sec. 711. Mental health assessments for members of the Armed Forces deployed in connection with a contingency operation. 

Sec. 712. 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. 713. Reduction of minimum distance of travel for reimbursement of covered beneficiaries of the military health care system for travel 

for specialty health care. 

Sec. 714. Report on post-deployment health assessments of Guard and Reserve 

members. 

Subtitle C—Health Care Administration 

Sec. 721. Comprehensive policy on pain management by the military health 

care system. 

Sec. 722. Plan to increase the behavioral health capabilities of the Department 

of Defense. 

Sec. 723. Department of Defense study on management of medications for 

physically and psychologically wounded members of the Armed 

Forces. 

Sec. 724. Prescription of antidepressants for troops serving in Iraq and Afghanistan. 

Subtitle D—Wounded Warrior Matters 

Sec. 731. Pilot program for the provision of cognitive rehabilitative therapy 

services under the TRICARE program. 

Sec. 732. Department of Defense Task Force on the Care, Management, and 

Transition of Recovering Wounded, Ill, and Injured Members 

of the Armed Forces. 

Sec. 733. Report on use of alternative therapies in treatment of post-traumatic 

stress disorder. 

TITLE VIII—ACQUISITION POLICY, ACQUISITION MANAGEMENT, 

AND RELATED MATTERS 

Subtitle A—Amendments to General Contracting Authorities, Procedures, and 

Limitations 

Sec. 801. Contract authority for advanced development of prototype units. 

Sec. 802. Justification and approval of sole-source contracts. 

Subtitle B—Acquisition Policy and Management 

Sec. 811. Reporting requirements for programs that qualify as both major 

automated information system programs and major defense acquisition programs. 

Sec. 812. Funding of Department of Defense Acquisition Workforce Development Fund. 

Sec. 813. Enhancement of expedited hiring authority for defense acquisition 

workforce positions. 
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Sec. 814. Treatment of non-Defense Agency procurements under joint programs with the Department of Defense under limitations on 

non-Defense Agency procurements on behalf of the Department 

of Defense. 

Sec. 815. Comptroller General of the United States report on training of acquisition and audit personnel 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. Prohibition on interrogation of detainees by contractor personnel. 

Sec. 824. Modifications to database for Federal agency contract and grant officers and suspension and debarment officials. 

Subtitle D—Other Matters 

Sec. 831. Enhanced authority to acquire products and services produced in 

Central Asia, Pakistan, and the South Caucasus. 

Sec. 832. Small arms production industrial base matters. 

Sec. 833. Extension of SBIR and STTR programs of the Department of Defense. 

Sec. 834. Expansion and permanent authority for small business innovation research commercialization program. 

Sec. 835. Measures to ensure the safety of facilities, infrastructure, and equipment for military operations. 

Sec. 836. Repeal of requirements relating to the military system essential item 

breakout list. 

Sec. 837. Defense Science Board report on rare earth materials in the defense 

supply chain. 

Sec. 838. Small business contracting programs parity. 

TITLE IX—DEPARTMENT OF DEFENSE ORGANIZATION AND 

MANAGEMENT 

Subtitle A—Department of Defense Management 

Sec. 901. Deputy Under Secretaries of Defense and Assistant Secretaries of 

Defense. 

Sec. 902. Repeal of certain limitations on personnel and consolidation of reports on major Department of Defense headquarters activities. 

Sec. 903. Sense of Senate on the Western Hemisphere Institute for Security 

Cooperation. 

Sec. 904. Reestablishment of position of Vice Chief of the National Guard Bureau. 

Subtitle B—Space Matters 

Sec. 911. Provision of space situational awareness services and information to 

non-United States Government entities. 

Sec. 912. Plan for management and funding of National Polar-Orbiting Operational Environmental Satellite System Program. 

Subtitle C—Intelligence Matters 
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Sec. 921. Inclusion of Defense Intelligence Agency in authority to use proceeds 

from counterintelligence operations. 

Subtitle D—Other Matters 

Sec. 931. United States Military Cancer Institute. 

Sec. 932. Instruction of private sector employees in cyber security courses of 

the Defense Cyber Investigations Training Academy. 

Sec. 933. Plan on access to national airspace for unmanned aircraft. 

TITLE X—GENERAL PROVISIONS 

Subtitle A—Financial Matters 

Sec. 1001. General transfer authority. 

Sec. 1002. Audit readiness of financial statements of the Department of Defense. 

Subtitle B—Naval Vessels and Shipyards 

Sec. 1011. Temporary reduction in minimum number of aircraft carriers in active service. 

Sec. 1012. Repeal of policy relating to the major combatant vessels of the strike 

forces of the United States Navy. 

Sec. 1013. Sense of Senate on the maintenance of a 313-ship Navy. 

Sec. 1014. Designation of U.S.S. Constitution as America’s Ship of State. 

Subtitle C—Counter-Drug Activities 

Sec. 1021. Extension and modification of authority to provide additional support for counter-drug activities of certain foreign governments. 

Sec. 1022. One-year extension of authority for joint task forces support to law 

enforcement agencies conducting counter-terrorism activities. 

Sec. 1023. One-year extension of authority to support unified counter-drug and 

counterterrorism campaign in Colombia. 

Subtitle D—Military Commissions 

Sec. 1031. Military commissions. 

Sec. 1032. Trial by military commission of alien unprivileged belligerents for 

violations of the law of war. 

Sec. 1033. No Miranda warnings for Al Qaeda terrorists. 

Subtitle E—Medical Facility Matters 

Sec. 1041. Short title. 

Sec. 1042. Executive agreement. 

Sec. 1043. Transfer of property. 

Sec. 1044. Transfer of civilian personnel of the Department of Defense. 

Sec. 1045. Joint funding authority for the Captain James A. Lovell Federal 

Health Care Center. 

Sec. 1046. Eligibility of members of the uniformed services for care and services at the Captain James A. Lovell Federal Health Care Center. 

Sec. 1047. Extension of DOD–VA Health Care Sharing Incentive Fund. 

Subtitle F—Miscellaneous Requirements, Authorities, and Limitations 

Sec. 1051. Congressional earmarks relating to the Department of Defense. 
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Sec. 1052. National strategic five-year plan for improving the nuclear forensic 

and attribution capabilities of the United States. 

Sec. 1053. One-year extension of authority to offer and make rewards for assistance in combating terrorism through government personnel 

of allied forces. 

Sec. 1054. Business process reengineering. 

Sec. 1055. Responsibility for preparation of biennial global positioning system 

report. 

Sec. 1056. Additional subpoena authority for the Inspector General of the Department of Defense. 

Sec. 1057. Reports on bandwidth requirements for major defense acquisition 

programs and major system acquisition programs. 

Sec. 1058. Multiyear contracts under pilot program on commercial fee-for-service air refueling support for the Air Force. 

Sec. 1059. Additional duty for advisory panel on Department of Defense capabilities for support of civil authorities after certain incidents. 

Subtitle G—Reports 

Sec. 1071. National intelligence estimate on nuclear aspirations of non-state entities and nuclear weapons and related programs in non-nuclear-weapons states and countries not parties to the Nuclear 

Non-Proliferation Treaty. 

Sec. 1072. Comptroller General of the United States assessment of military 

whistleblower protections. 

Sec. 1073. Report on re-determination process for permanently incapacitated 

dependents of retired and deceased members of the Armed 

Forces. 

Sec. 1074. Comptroller General review of spending in the final quarter of fiscal 

year 2009 by the Department of Defense. 

Sec. 1075. Report on Air America. 

Sec. 1076. Report on criteria for selection of strategic embarkation ports and 

ship layberthing locations. 

Sec. 1077. Report on defense travel simplification. 

Sec. 1078. Report on modeling and simulation activities of United States Joint 

Forces Command. 

Sec. 1079. Report on enabling capabilities for special operations forces. 

Subtitle H—Other Matters 

Sec. 1081. Transfer of Navy aircraft N40VT. 

Sec. 1082. Transfer of Big Crow aircraft. 

Sec. 1083. Plan for sustainment of land-based solid rocket motor industrial 

base. 

Sec. 1084. Pilot program on use of service dogs for the treatment or rehabilitation of veterans with physical or mental injuries or disabilities. 

Sec. 1085. Expansion of State home care for parents of veterans who died 

while serving in Armed Forces. 

Sec. 1086. Federal Employees Retirement System age and retirement treatment for certain retirees of the Armed Forces. 

Sec. 1087. Sense of Congress on manned airborne irregular warfare platforms. 

Sec. 1088. Extension of sunset for Congressional Commission on the Strategic 

Posture of the United States. 

Sec. 1089. Additional members and duties for independent panel to assess the 

quadrennial defense review. 

Sec. 1090. Contracting improvements. 
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Sec. 1091. National D–Day Memorial study. 

TITLE XI—CIVILIAN PERSONNEL MATTERS 

Subtitle A—Personnel 

Sec. 1101. Repeal of National Security Personnel System; Department of Defense personnel authorities. 

Sec. 1102. Extension and modification of experimental personnel management 

program for scientific and technical personnel. 

Sec. 1103. One-year extension of authority to waive annual limitation on premium pay and aggregate limitation on pay for Federal civilian 

employees working overseas. 

Sec. 1104. Availability of funds for compensation of certain civilian employees 

of the Department of Defense. 

Sec. 1105. Department of Defense Civilian Leadership Program. 

Sec. 1106. Review of defense laboratories for participation in defense laboratory 

personnel demonstration projects. 

Subtitle B—Part-Time Reemployment of Annuitants 

Sec. 1161. Short title. 

Sec. 1162. Part-time reemployment. 

Sec. 1163. General Accountability Office report. 

TITLE XII—MATTERS RELATING TO FOREIGN NATIONS 

Subtitle A—Assistance and Training 

Sec. 1201. Increase in unit cost threshold for purchases using certain funds 

under the Combatant Commander Initiative Fund. 

Sec. 1202. Authority to provide administrative services and support to coalition 

liaison officers of certain foreign nations assigned to United 

States Joint Forces Command. 

Sec. 1203. Modification of authorities relating to program to build the capacity 

of foreign military forces. 

Sec. 1204. Modification of notification and reporting requirements for use of 

authority for support of special operations to combat terrorism. 

Sec. 1205. Modification of authority for reimbursement of certain coalition nations for support provided to United States military operations. 

Sec. 1206. One-year extension and expansion of Commanders’ Emergency Response Program. 

Sec. 1207. One-year extension of authority for security and stabilization assistance. 

Sec. 1208. Authority for non-reciprocal exchanges of defense personnel between 

the United States and foreign countries. 

Sec. 1209. Defense cooperation between the United States and Iraq. 

Sec. 1210. Report on alternatives to use of acquisition and cross-servicing 

agreements to lend military equipment for personnel protection 

and survivability. 

Sec. 1211. Ensuring Iraqi security through defense cooperation between the 

United States and Iraq. 

Sec. 1212. Availability of appropriated funds for the State Partnership Program. 

Sec. 1213. Authority to transfer defense articles and provide defense services 

to the military and security forces of Iraq and Afghanistan. 
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Sec. 1214. Certification requirement for Coalition Support Fund reimbursements. 

Subtitle B—Reports 

Sec. 1221. Report on United States engagement with Iran. 

Sec. 1222. Report on Cuba and Cuba’s relations with other countries. 

Sec. 1223. Report on Venezuela. 

Sec. 1224. Report on military power of Iran. 

Sec. 1225. Annual counterterrorism status reports. 

Sec. 1226. Report on Taiwan’s air force. 

Sec. 1227. Report on United States contributions to the United Nations. 

Subtitle C—Other Matters 

Sec. 1231. Sense of Congress on establishment of measures of progress to 

evaluate United States strategic objectives in Afghanistan and 

Pakistan. 

Sec. 1232. Sense of the Senate on imposing sanctions with respect to the Islamic Republic of Iran. 

Sec. 1233. Sense of the Senate on enforcement and imposition of sanctions 

with respect to North Korea; review to determine whether 

North Korea should be re-listed as a state sponsor of terrorism. 

Sec. 1234. Report on the plan for the United States nuclear weapons stockpile, 

nuclear weapons complex, and delivery platforms and sense of 

the Senate on follow-on negotiations to START Treaty. 

Sec. 1235. Sense of Congress on continued support by the United States for 

a stable and democratic Republic of Iraq. 

Sec. 1236. 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. 

Subtitle D—VOICE Act 

Sec. 1241. Short title. 

Sec. 1242. Sense of Congress. 

Sec. 1243. Statement of policy. 

Sec. 1244. Authorization of appropriations. 

Sec. 1245. Iranian Electronic Education, Exchange, and Media Fund. 

Sec. 1246. Annual report. 

Sec. 1247. Report on actions by non-Iranian companies. 

Sec. 1248. Human rights documentation. 

TITLE XIII—COOPERATIVE THREAT REDUCTION 

Sec. 1301. Specification of Cooperative Threat Reduction programs and funds. 

Sec. 1302. Funding allocations. 

Sec. 1303. Authority to enter into agreements to receive contributions for Biological Threat Reduction Program. 

Sec. 1304. Authorization of use of Cooperative Threat Reduction program 

funds for bilateral and multilateral nonproliferation and disarmament activities. 

TITLE XIV—OTHER AUTHORIZATIONS 
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Subtitle A—Military Programs 

Sec. 1401. Working capital funds. 

Sec. 1402. National Defense Sealift Fund. 

Sec. 1403. Defense Health Program. 

Sec. 1404. Chemical Agents and Munitions Destruction, Defense. 

Sec. 1405. Drug Interdiction and Counter-Drug Activities, Defense-wide. 

Sec. 1406. Defense Inspector General. 

Sec. 1407. Funding table. 

Subtitle B—National Defense Stockpile 

Sec. 1411. Extension of previously authorized disposal of cobalt from National 

Defense Stockpile. 

Sec. 1412. Authorization for actions to correct the industrial resource shortfall 

for high-purity beryllium metal in amounts not in excess of 

$80,000,000. 

Subtitle C—Armed Forces Retirement Home 

Sec. 1421. Authorization of appropriations for Armed Forces Retirement 

Home. 

TITLE XV—OVERSEAS CONTINGENCY OPERATIONS 

Sec. 1501. Purpose. 

Sec. 1502. Army procurement. 

Sec. 1503. Navy and Marine Corps procurement. 

Sec. 1504. Air Force procurement. 

Sec. 1505. Defense-wide activities procurement. 

Sec. 1506. Research, development, test, and evaluation. 

Sec. 1507. Operation and maintenance. 

Sec. 1508. Military personnel. 

Sec. 1509. Working capital funds. 

Sec. 1510. Defense Health Program. 

Sec. 1511. Drug Interdiction and Counter-Drug Activities, Defense-wide. 

Sec. 1512. Defense Inspector General. 

Sec. 1513. Treatment as additional authorizations. 

Sec. 1514. Funding tables. 

Sec. 1515. Special transfer authority. 

Sec. 1516. Limitations on availability of funds in Afghanistan Security Forces 

Fund. 

Sec. 1517. Availability of funds in Pakistan Counterinsurgency Fund. 

1 SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES. 

2 For purposes of this Act, the term ‘‘congressional de3 fense committees’’ has the meaning given that term in sec4 tion 101(a)(16) of title 10, United States Code. 
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1 DIVISION A—DEPARTMENT OF 

2 DEFENSE AUTHORIZATIONS 

3 TITLE I—PROCUREMENT 

4 Subtitle A—Authorization of 

5 Appropriations 

6 SEC. 101. ARMY. 

7 Funds are hereby authorized to be appropriated for 

8 fiscal year 2010 for procurement for the Army as follows: 

9 (1) For aircraft, $5,144,891,000. 

10 (2) For missiles, $1,375,109,000. 

11 (3) For weapons and tracked combat vehicles, 

12 $2,451,952,000. 

13 (4) For ammunition, $2,059,895,000. 

14 (5) For other procurement, $9,617,991,000. 

15 SEC. 102. NAVY AND MARINE CORPS. 

16 (a) NAVY.—Funds are hereby authorized to be appro17 priated for fiscal year 2010 for procurement for the Navy 

18 as follows: 

19 (1) For aircraft, $18,655,412,000. 

20 (2) For weapons, including missiles and tor21 pedoes, $3,515,455,000. 

22 (3) For shipbuilding and conversion, 

23 $13,776,867,000. 

24 (4) For other procurement, $5,595,176,000. 
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1 (b) MARINE CORPS.—Funds are hereby authorized to 

2 be appropriated for fiscal year 2010 for procurement for 

3 the Marine Corps in the amount of $1,600,638,000. 

4 (c) NAVY AND MARINE CORPS AMMUNITION.—Funds 

5 are hereby authorized to be appropriated for fiscal year 

6 2010 for procurement of ammunition for the Navy and 

7 the Marine Corps in the amount of $840,675,000. 

8 SEC. 103. AIR FORCE. 

9 Funds are hereby authorized to be appropriated for 

10 fiscal year 2010 for procurement for the Air Force as fol11 lows: 

12 (1) For aircraft, $13,077,876,000. 

13 (2) For missiles, $6,107,728,000. 

14 (3) For ammunition, $822,462,000. 

15 (4) For other procurement, $17,245,341,000. 

16 SEC. 104. DEFENSE-WIDE ACTIVITIES. 

17 Funds are hereby authorized to be appropriated for 

18 fiscal year 2010 for Defense-wide procurement as follows: 

19 (1) For Defense-wide procurement, 

20 $4,050,052,000. 

21 (2) For the Rapid Acquisition Fund, 

22 $79,300,000. 

23 (3) For the Mine Resistant Ambush Protected 

24 Vehicle Fund, $1,200,000,000. 
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1 SEC. 105. FUNDING TABLE. 

2 The amounts authorized to be appropriated by sec3 tions 101, 102, 103, and 104 shall be available, in accord4 ance with the requirements of section 4001, for projects, 

5 programs, and activities, and in the amounts, specified in 

6 the funding table in section 4101. 

7 SEC. 106. ELIMINATION OF F–22A AIRCRAFT PROCURE8 MENT FUNDING. 

9 (a) ELIMINATION OF FUNDING.—The amount au10 thorized to be appropriated by section 103(1) for procure11 ment for the Air Force for aircraft procurement is hereby 

12 decreased by $1,750,000,000, with the amount of the de13 crease to be derived from amounts available for F–22A 

14 aircraft procurement. 

15 (b) RESTORED FUNDING.— 

16 (1) OPERATION AND MAINTENANCE, ARMY.— 

17 The amount authorized to be appropriated by sec18 tion 301(1) for operation and maintenance for the 

19 Army is hereby increased by $350,000,000. 

20 (2) OPERATION AND MAINTENANCE, NAVY.— 

21 The amount authorized to be appropriated by sec22 tion 301(2) for operation and maintenance for the 

23 Navy is hereby increased by $100,000,000. 

24 (3) OPERATION AND MAINTENANCE, AIR

25 FORCE.—The amount authorized to be appropriated 
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1 by section 301(4) for operation and maintenance for 

2 the Air Force is hereby increased by $250,000,000. 

3 (4) OPERATION AND MAINTENANCE, DEFENSE4 WIDE.—The amount authorized to be appropriated 

5 by section 301(5) for operation and maintenance for 

6 Defense-wide activities is hereby increased by 

7 $150,000,000. 

8 (5) MILITARY PERSONNEL.—The amount au9 thorized to be appropriated by section 421(a)(1) for 

10 military personnel is hereby increased by 

11 $400,000,000. 

12 (6) DIVISION A AND DIVISION B GENERALLY.— 

13 In addition to the amounts specified in paragraphs 

14 (1) through (5), the total amount authorized to be 

15 appropriated for the Department of Defense by divi16 sions A and B is hereby increased by $500,000,000. 

17 Subtitle B—Navy Programs 

18 SEC. 111. TREATMENT OF LITTORAL COMBAT SHIP PRO19 GRAM AS A MAJOR DEFENSE ACQUISITION 

20 PROGRAM. 

21 Effective as of the date of the enactment of this Act, 

22 the program for the Littoral Combat Ship shall be treated 

23 as a major defense acquisition program for purposes of 

24 chapter 144 of title 10, United States Code. 
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1 SEC. 112. REPORT ON STRATEGIC PLAN FOR HOME2 PORTING THE LITTORAL COMBAT SHIP. 

3 (a) REPORT REQUIRED.—Not later than 90 days 

4 after the date of the enactment of this Act, the Secretary 

5 of the Navy shall submit to the congressional defense com6 mittees a report setting forth the strategic plan of the 

7 Navy for homeporting the Littoral Combat Ship (LCS) on 

8 the East Coast and West Coast of the United States. 

9 (b) ELEMENTS.—The report required by subsection 

10 (a) shall include the following: 

11 (1) The requirements for homeporting of the 

12 Littoral Combat ship of the commanders of the com13 batant commands, set forth by geographic area of 

14 responsibility (AOR). 

15 (2) A description of the manner in which the 

16 Navy will meet the requirements identified under 

17 paragraph (1). 

18 (3) An assessment of the effect of each type of 

19 Littoral Combat Ship on each port in which such 

20 ship could be homeported. 

21 (4) A map, based on the current plan of 55 Lit22 toral Combat Ships, identifying where each ship will 

23 homeport and how such ports will accommodate both 

24 types of Littoral Combat Ships, based on the current 

25 program and a 313-ship Navy. 
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1 (5) An estimate of the costs of infrastructure 

2 required for Littoral Combat Ships at each home3 port, including— 

4 (A) existing infrastructure; and 

5 (B) such upgraded infrastructure as may 

6 be required. 

7 SEC. 113. PROCUREMENT PROGRAMS FOR FUTURE NAVAL 

8 SURFACE COMBATANTS. 

9 (a) LIMITATION ON AVAILABILITY OF FUNDS PEND10 ING REPORTS ABOUT SURFACE COMBATANT SHIP11 BUILDING PROGRAMS.—The Secretary of the Navy may 

12 not obligate or expend funds for the construction of, or 

13 advanced procurement of materials for, a surface combat14 ant to be constructed after fiscal year 2011 until the Sec15 retary has submitted to Congress each of the following: 

16 (1) An acquisition strategy for such surface 

17 combatants that has been approved by the Depart18 ment of Defense. 

19 (2) The results of reviews by the Joint Require20 ments Oversight Council for an Acquisition Category 

21 I program that supports the need for an acquisition 

22 strategy to procure surface combatants after fiscal 

23 year 2011. 

24 (3) A verification by an independent review 

25 panel convened by the Secretary of Defense that, in 
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1 evaluating the shipbuilding program concerned, the 

2 Secretary of the Navy considered each of the fol3 lowing: 

4 (A) Modeling and simulation, including 

5 war gaming conclusions regarding combat effec6 tiveness for the selected ship platforms as com7 pared to other reasonable alternative ap8 proaches. 

9 (B) Assessments of platform operational 

10 availability. 

11 (C) Life cycle costs from vessel manning 

12 levels to accomplish missions. 

13 (4) An intelligence analysis reflecting a coordi14 nated threat assessment of the Defense Intelligence 

15 Agency that provides the basis for deriving the mix 

16 of platforms in the shipbuilding program concerned 

17 when compared with the surface combatants in the 

18 2009 shipbuilding plan. 

19 (5) The differences in cost and schedule arising 

20 from the need to accommodate new sensors and 

21 weapons in future surface combatants to counter the 

22 future threats referred to in paragraph (4) when 

23 compared with the cost and schedule arising from 

24 the need to accommodate sensors and weapons on 
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1 surface combatants as contemplated by the 2009 

2 shipbuilding plan for the vessels concerned. 

3 (6) A verification by the commanders of the 

4 combatant commands that the shipbuilding program 

5 for the vessels concerned would be preferable to the 

6 surface combatants included in the 2009 ship7 building plan for the vessels concerned in meeting all 

8 of their future mission requirements. 

9 (7) A joint review by the Navy and the Missile 

10 Defense Agency setting forth additional require11 ments for investment in Aegis ballistic missile de12 fense (BMD) beyond the number of DDG–51 and 

13 CG–47 vessels planned to be equipped for this mis14 sion area in the budget of the President for fiscal 

15 year 2010 (as submitted to Congress pursuant to 

16 section 1105 of title 31, United States Code). 

17 (b) FUTURE SURFACE COMBATANT ACQUISITION

18 STRATEGY.—Not later than the date upon which Presi19 dent submits to Congress the budget for fiscal year 2012 

20 (as so submitted), the Secretary of the Navy shall submit 

21 to the congressional defense committees a plan to provide 

22 for full and open competition on the combat systems for 

23 surface combatants proposed in the future-years defense 

24 program submitted to Congress under section 221 of title 

25 10, United States Code, together with such budget. The 
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1 plan shall include specifics on the intent of the Navy to 

2 satisfy criteria described in subsection (a) and evaluate ap3 plicable technologies during the request for proposal and 

4 selection process. 

5 (c) NAVAL SURFACE FIRE SUPPORT.—Not later than 

6 120 days after the enactment of this Act, the Secretary 

7 of the Navy shall submit to the congressional defense com8 mittees an update to the March 2006 Report to Congress 

9 on Naval Surface Fire Support. The update shall identify 

10 how the Department of Defense intends to address any 

11 shortfalls between required naval surface fire support ca12 pability and the plan of the Navy to provide that capa13 bility. The update shall include addenda by the Chief of 

14 Naval Operations and Commandant of the Marine Corps, 

15 as was the case in the 2006 report. 

16 (d) TECHNOLOGY ROADMAP FOR FUTURE SURFACE

17 COMBATANTS AND FLEET MODERNIZATION.— 

18 (1) IN GENERAL.—Not later than 120 days 

19 after the date of the enactment of this Act, the Sec20 retary of the Navy shall develop a plan to incor21 porate into surface combatants constructed after 

22 2011, and into fleet modernization programs, the 

23 technologies developed for the DDG–1000 destroyer 

24 and the DDG–51 and CG–47 Aegis ships, including 

25 the following: 
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1 (A) For the DDG–1000 destroyer— 

2 (i) combat system; 

3 (ii) multi-function and dual-band ra4 dars; 

5 (iii) hull, mechanical and electrical 

6 systems achieving significant manpower 

7 savings; and 

8 (iv) integrated electric propulsion 

9 technologies. 

10 (B) For the DDG–51 and CG–47 Aegis 

11 ships— 

12 (i) combat system, including missile 

13 defense capability; 

14 (ii) hull, mechanical and electrical sys15 tems achieving manpower savings; and 

16 (iii) anti-submarine warfare sensor 

17 systems designed for operating in open 

18 ocean areas. 

19 (2) SCOPE OF PLAN.—The plan required by 

20 paragraph (1) shall include sufficient detail for sys21 tems and subsystems to ensure that the plan— 

22 (A) avoids redundant development for com23 mon functions; 
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1 (B) reflects implementation of Navy plans 

2 for achieving an open architecture for all naval 

3 surface combat systems; and 

4 (C) fosters full and open competition. 

5 (e) DEFINITION.—In this section: 

6 (1) The term ‘‘2009 shipbuilding plan’’ means 

7 the 30-year shipbuilding plan submitted to Congress 

8 pursuant to section 231, title 10, United States 

9 Code, together with the budget of the President for 

10 fiscal year 2009 (as submitted to Congress pursuant 

11 to section 1105 of title 31, United States Code). 

12 (2) The term ‘‘surface combatant’’ means a 

13 cruiser, a destroyer, or any naval vessel under a pro14 gram currently designated as a future surface com15 batant program. 

16 SEC. 114. REPORT ON A SERVICE LIFE EXTENSION PRO17 GRAM FOR OLIVER HAZARD PERRY CLASS 

18 FRIGATES. 

19 Not later than 90 days after the date of the enact20 ment of this Act, the Secretary of the Navy shall submit 

21 to the congressional defense committees a report setting 

22 forth the following: 

23 (1) A detailed analysis of a service life exten24 sion program (SLEP) for the Oliver Hazard Perry 

25 class frigates (FFGs), including— 
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1 (A) the cost of the program; 

2 (B) a schedule for the program; and 

3 (C) the shipyards available to carry out the 

4 work under the program. 

5 (2) A detailed plan of the Navy for achieving a 

6 313-ship fleet as contemplated by the 2006 Quad7 rennial Defense Review, including a comparison for 

8 purposes of that plan of decommissioning Oliver 

9 Hazard Perry class frigates as scheduled with ex10 tending the service life of such frigates under the 

11 service life extension program. 

12 (3) The strategic plan of the Navy for the man13 ner in which the Littoral Combat Ship (LCS) will 

14 fulfill the roles and missions currently performed by 

15 the Oliver Hazard Perry class frigates as they are 

16 decommissioned. 

17 (4) The strategic plan of the Navy for the Lit18 toral Combat Ship if the extension of the service life 

19 of the Oliver Hazard Perry class frigates alleviates 

20 demand arising under the current capabilities gap in 

21 the Littoral Combat Ship. 

22 (5) A description of the manner in which the 

23 Navy has met the needs of the United States South24 ern Command over time, including the assets and 

25 vessels the Navy has deployed for military-to-mili-
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1 tary engagements, UNITAS exercises, and 

2 counterdrug operations in support of the Com3 mander of the United States Southern Command 

4 during the five-year period ending on the date of the 

5 report. 

6 SEC. 115. COMPETITIVE BIDDING FOR PROCUREMENT OF 

7 STEAM TURBINES FOR SHIPS SERVICE TUR8 BINE GENERATORS AND MAIN PROPULSION 

9 TURBINES FOR OHIO-CLASS SUBMARINE RE10 PLACEMENT PROGRAM. 

11 The Secretary of the Navy shall take measures to en12 sure competition, or the option of competition, for steam 

13 turbines for the ships service turbine generators and main 

14 propulsion turbines for the Ohio-class submarine replace15 ment program in accordance with section 202 of the 

16 Weapons Systems Acquisition Reform Act of 2009 (Public 

17 Law 111–23; 10 U.S.C. 2430 note). 

18 Subtitle C—Air Force Matters 

19 SEC. 121. LIMITATION ON RETIREMENT OF C–5 AIRCRAFT. 

20 (a) LIMITATION.—The Secretary of the Air Force 

21 may not proceed with a decision to retire C–5A aircraft 

22 from the active inventory of the Air Force in any number 

23 that would reduce the total number of such aircraft in the 

24 active inventory below 111 until— 
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1 (1) the Air Force has modified a C–5A aircraft 

2 to the configuration referred to as the Reliability 

3 Enhancement and Reengining Program (RERP) 

4 configuration, as planned under the C–5 System De5 velopment and Demonstration program as of May 1, 

6 2003; and 

7 (2) the Director of Operational Test and Eval8 uation of the Department of Defense— 

9 (A) conducts an operational evaluation of 

10 that aircraft, as so modified; and 

11 (B) provides to the Secretary of Defense 

12 and the congressional defense committees an 

13 operational assessment. 

14 (b) OPERATIONAL EVALUATION.—An operational 

15 evaluation for purposes of paragraph (2)(A) of subsection 

16 (a) is an evaluation, conducted during operational testing 

17 and evaluation of the aircraft, as so modified, of the per18 formance of the aircraft with respect to reliability, main19 tainability, and availability and with respect to critical 

20 operational issues. 

21 (c) OPERATIONAL ASSESSMENT.—An operational as22 sessment for purposes of paragraph (2)(B) of subsection 

23 (a) is an operational assessment of the program to modify 

24 C–5A aircraft to the configuration referred to in sub25 section (a)(1) regarding both overall suitability and defi-
30 

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1 ciencies of the program to improve performance of the C– 

2 5A aircraft relative to requirements and specifications for 

3 reliability, maintainability, and availability of that aircraft 

4 as in effect on May 1, 2003. 

5 (d) ADDITIONAL LIMITATIONS ON RETIREMENT OF

6 AIRCRAFT.—The Secretary of the Air Force may not re7 tire C–5 aircraft from the active inventory as of the date 

8 of this Act until the later of the following: 

9 (1) The date that is 150 days after the date on 

10 which the Director of Operational Test and Evalua11 tion submits the report referred to in subsection 

12 (a)(2)(B). 

13 (2) The date that is 120 days after the date on 

14 which the Secretary submits the report required 

15 under subsection (e). 

16 (3) The date that is 30 days after the date on 

17 which the Secretary certifies to the congressional de18 fense committees that— 

19 (A) the retirement of such aircraft will not 

20 increase the operational risk of meeting the Na21 tional Defense Strategy; and 

22 (B) the retirement of such aircraft will not 

23 reduce the total strategic airlift force structure 

24 below 324 strategic airlift aircraft. 
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1 (e) REPORT ON RETIREMENT OF AIRCRAFT.—The 

2 Secretary of the Air Force shall submit to the congres3 sional defense committees a report setting forth the fol4 lowing: 

5 (1) The rationale for the retirement of existing 

6 C–5 aircraft and a cost/benefit analysis of alter7 native strategic airlift force structures, including the 

8 force structure that would result from the retirement 

9 of such aircraft. 

10 (2) An assessment of the costs and benefits of 

11 applying the Reliability Enhancement and Re12 engining Program (RERP) modification to the en13 tire the C–5A aircraft fleet. 

14 (3) An assessment of the implications for the 

15 Air Force, the Air National Guard, and the Air 

16 Force Reserve of operating a mix of C–5A aircraft 

17 and C–5M aircraft. 

18 (4) An assessment of the costs and benefits of 

19 increasing the number of C–5 aircraft in Back-up 

20 Aircraft Inventory (BAI) status as a hedge against 

21 future requirements of such aircraft. 

22 (5) An assessment of the costs, benefits, and 

23 implications of transferring C–5 aircraft to United 

24 States flag carriers operating in the Civil Reserve 
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1 Air Fleet (CRAF) program or to coalition partners 

2 in lieu of the retirement of such aircraft. 

3 (6) Such other matters relating to the retire4 ment of C–5 aircraft as the Secretary considers ap5 propriate. 

6 (f) MAINTENANCE OF AIRCRAFT UPON RETIRE7 MENT.—The Secretary of the Air Force shall maintain 

8 any C–5 aircraft retired after the date of the enactment 

9 of this Act in Type 1000 storage until opportunities for 

10 the transfer of such aircraft as described in subsection 

11 (e)(5) have been fully exhausted. 

12 SEC. 122. REVISED AVAILABILITY OF CERTAIN FUNDS 

13 AVAILABLE FOR THE F–22A FIGHTER AIR14 CRAFT. 

15 (a) REPEAL OF AUTHORITY ON AVAILABILITY OF

16 FISCAL YEAR 2009 FUNDS.—Section 134 of the Duncan 

17 Hunter National Defense Authorization Act for Fiscal 

18 Year 2009 (Public Law 110–417; 122 Stat. 4378) is re19 pealed. 

20 (b) AVAILABILITY OF ADVANCE PROCUREMENT

21 FUNDS FOR OTHER F–22A AIRCRAFT MODERNIZATION

22 PRIORITIES.—Subject to the provisions of appropriations 

23 Acts and applicable requirements relating to the transfer 

24 of funds, the Secretary of the Air Force may transfer 

25 amounts authorized to be appropriated for fiscal year 
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1 2009 by section 103(1) for aircraft procurement for the 

2 Air Force and available for advance procurement for the 

3 F–22A fighter aircraft within that subaccount or to other 

4 subaccounts for aircraft procurement for the Air Force for 

5 purposes of providing funds for other modernization prior6 ities with respect to the F–22A fighter aircraft. 

7 SEC. 123. REPORT ON POTENTIAL FOREIGN MILITARY 

8 SALES OF THE F–22A FIGHTER AIRCRAFT. 

9 (a) REPORT REQUIRED.—Not later than 180 days 

10 after the date of the enactment of this Act, the Secretary 

11 of Defense shall, in coordination with the Secretary of 

12 State and in consultation with the Secretary of the Air 

13 Force, submit to the congressional defense committees, 

14 the Committee on Foreign Relations of the Senate, and 

15 the Committee on Foreign Affairs of the House of Rep16 resentatives a report on potential foreign military sales of 

17 the F–22A fighter aircraft. 

18 (b) ELEMENTS.—The report required by subsection 

19 (a) shall include the following: 

20 (1) An estimate of the costs to the United 

21 States Government, industry, and any foreign mili22 tary sales customer of developing an exportable 

23 version of the F–22A fighter aircraft. 

24 (2) An assessment whether an exportable 

25 version of the F–22A fighter aircraft is technically 
34 

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1 feasible and executable, and, if so, a timeline for 

2 achieving an exportable version of the aircraft. 

3 (3) An assessment of the potential strategic im4 plications of permitting foreign military sales of the 

5 F–22A fighter aircraft. 

6 (4) An assessment of the impact of foreign mili7 tary sales of the F–22A fighter aircraft on the 

8 United States aerospace and aviation industry, and 

9 the advantages and disadvantages of such sales for 

10 sustaining that industry. 

11 (5) An identification of any modifications to 

12 current law that are required to authorize foreign 

13 military sales of the F–22A fighter aircraft. 

14 (c) ADDITIONAL REPORT REQUIRED.—Not later 

15 than 180 days after the date of the enactment of this Act, 

16 the Secretary of Defense shall provide for a federally fund17 ed research and development center which will submit to 

18 the congressional defense committees, the Committee on 

19 Foreign Relations of the Senate, and the Committee on 

20 Foreign Affairs of the House of Representatives, through 

21 the Secretary of Defense, a report on potential foreign 

22 military sales of the F–22A fighter aircraft, addressing 

23 the same elements as in subsection (b) of this section. 
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1 SEC. 124. NEXT GENERATION BOMBER AIRCRAFT. 

2 (a) FINDINGS.—Congress makes the following find3 ings: 

4 (1) Long-range strike is a critical mission in 

5 which the United States needs to retain a credible 

6 and dominant capability. 

7 (2) Long range, penetrating strike systems pro8 vide— 

9 (A) a hedge against being unable to obtain 

10 access to forward bases for political reasons; 

11 (B) a capacity to respond quickly to con12 tingencies; 

13 (C) the ability to base outside the reach of 

14 emerging adversary anti-access and area-denial 

15 capabilities; and 

16 (D) the ability to impose disproportionate 

17 defensive costs on prospective adversaries of the 

18 United States. 

19 (3) The 2006 Quadrennial Defense Review 

20 found that there was a requirement for a next gen21 eration bomber aircraft and directed the United 

22 States Air Force to ‘‘develop a new land-based, pen23 etrating long range strike capability to be fielded by 

24 2018’’. 

25 (4) On April 6, 2009, Secretary Gates an26 nounced that the United States ‘‘will not pursue a 
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1 development program for a follow-on Air Force 

2 bomber until we have a better understanding of the 

3 need, the requirement and the technology’’. 

4 (5) On May 7, 2009, President Barack Obama 

5 announced the termination of the next generation 

6 bomber aircraft program in the document of the Of7 fice of Management and Budget entitled ‘‘Termi8 nations, Reductions, and Savings’’, stating that 

9 ‘‘there is no urgent need to begin an expensive devel10 opment program for a new bomber’’ and that ‘‘the 

11 future bomber fleet may not be affordable over the 

12 next six years’’. 

13 (6) The United States will need a new long14 range strike capability because the conflicts of the 

15 future will likely feature heavily defended airspace, 

16 due in large part to the proliferation of relatively in17 expensive, but sophisticated and deadly, air defense 

18 systems. 

19 (7) General Michael Maples, the Director of the 

20 Defense Intelligence Agency, noted during a March 

21 10, 2009, hearing of the Committee on Armed Serv22 ices of the Senate on worldwide threats that ‘‘Rus23 sia, quite frankly, is the developer of most of those 

24 [advanced air defense] systems and is exporting 
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1 those systems both to China and to other countries 

2 in the world’’. 

3 (8) The Final Report of the Congressional 

4 Commission on the Strategic Posture of the United 

5 States, submitted to Congress on May 6, 2009, 

6 states that ‘‘[t]he bomber force is valuable particu7 larly for extending deterrence in time of crisis, as 

8 their deployment is visible and signals U.S. commit9 ment. Bombers also impose a significant cost burden 

10 on potential adversaries in terms of the need to in11 vest in advanced air defenses’’. 

12 (9) The commanders of the United States Pa13 cific Command, the United States Strategic Com14 mand, and the United States Joint Forces Com15 mand have each testified before the Committee on 

16 Armed Services of the Senate in support of the ca17 pability that the next generation bomber aircraft 

18 would provide. 

19 (10) On June 17, 2009, General James Cart20 wright, Vice-Chairman of the Joint Chiefs of Staff 

21 and chair of the Joint Requirements Oversight 

22 Council, stated during a hearing before the Com23 mittee on Armed Services of the Senate that ‘‘the 

24 nation needs a new bomber’’. 
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1 (11) Nearly half of the United States bomber 

2 aircraft inventory (47 percent) pre-dates the Cuban 

3 Missile Crisis. 

4 (12) The only air-breathing strike platforms the 

5 United States possesses today with reach and surviv6 ability to have a chance of successfully executing 

7 missions more than 1,000 nautical miles into enemy 

8 territory from the last air-to-air refueling are 16 

9 combat ready B-2 bomber aircraft. 

10 (13) The B-2 bomber aircraft was designed in 

11 the 1980s and achieved initial operational capability 

12 over a decade ago. 

13 (14) The crash of an operational B-2 bomber 

14 aircraft during takeoff at Guam in early 2008 indi15 cates that attrition can and does occur even in 

16 peacetime. 

17 (15) The primary mission requirement of the 

18 next generation bomber aircraft is the ability to 

19 strike targets anywhere on the globe with whatever 

20 weapons the contingency requires. 

21 (16) The requisite aerodynamic, structural, and 

22 low-observable technologies to develop the next gen23 eration bomber aircraft already exist in fifth-genera24 tion fighter aircraft. 
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1 (b) POLICY ON CONTINUED DEVELOPMENT OF NEXT

2 GENERATION BOMBER AIRCRAFT IN FISCAL YEAR

3 2010.—It is the policy of the United States to support 

4 a development program for next generation bomber air5 craft technologies. 

6 SEC. 125. AC–130 GUNSHIPS. 

7 (a) REPORT ON REDUCTION IN SERVICE LIFE IN

8 CONNECTION WITH ACCELERATED DEPLOYMENT.—Not 

9 later than 90 days after the date of the enactment of this 

10 Act, the Secretary of the Air Force, in consultation with 

11 the United States Special Operations Command, shall sub12 mit to the congressional defense committees an assess13 ment of the reduction in the service life of AC–130 

14 gunships of the Air Force as a result of the accelerated 

15 deployments of such gunships that are anticipated during 

16 the seven- to ten-year period beginning with the date of 

17 the enactment of this Act, assuming that operating tempo 

18 continues at a rate per year of the average of their oper19 ating rate for the last five years. 

20 (b) ELEMENTS.—The report required by subsection 

21 (a) shall include the following: 

22 (1) An estimate by series of the maintenance 

23 costs for the AC–130 gunships during the period de24 scribed in subsection (a), including any major air-
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1 frame and engine overhauls of such aircraft antici2 pated during that period. 

3 (2) A description by series of the age, service4 ability, and capabilities of the armament systems of 

5 the AC–130 gunships. 

6 (3) An estimate by series of the costs of mod7 ernizing the armament systems of the AC–130 

8 gunships to achieve any necessary capability im9 provements. 

10 (4) A description by series of the age and capa11 bilities of the electronic warfare systems of the AC– 

12 130 gunships, and an estimate of the cost of up13 grading such systems during that period to achieve 

14 any necessary capability improvements. 

15 (5) A description by series of the age of the avi16 onics systems of the AC–130 gunships, and an esti17 mate of the cost of upgrading such systems during 

18 that period to achieve any necessary capability im19 provements. 

20 (c) FORM.—The report required by subsection (a) 

21 shall be submitted in unclassified form, but may include 

22 a classified annex. 

23 (d) ANALYSIS OF ALTERNATIVES.—The Secretary of 

24 the Air Force, in consultation with the United States Spe25 cial Operations Command, shall conduct an analysis of al-
41 

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1 ternatives for any gunship modernization requirements 

2 identified by the 2009 quadrennial defense review under 

3 section 118 of title 10, United States Code. The results 

4 of the analysis of alternatives shall be provided to the con5 gressional defense committees not later than 18 months 

6 after the completion of the 2009 quadrennial defense re7 view. 

8 SEC. 126. REPORT ON E–8C JOINT SURVEILLANCE AND TAR9 GET ATTACK RADAR SYSTEM RE-ENGINING. 

10 (a) IN GENERAL.—Not later than 60 days after the 

11 date of the enactment of this Act, the Secretary of the 

12 Air Force shall submit to the congressional defense com13 mittees a report on replacing the engines of E-8C Joint 

14 Surveillance and Target Attack Radar System (Joint 

15 STARS) aircraft. The report shall include the following: 

16 (1) An assessment of funding alternatives and 

17 options for accelerating funding for the fielding of 

18 Joint STARS aircraft with replaced engines. 

19 (2) An analysis of the tradeoffs involved in the 

20 decision to replace the engines of Joint STARS air21 craft or not to replace those engines, including the 

22 potential cost savings from replacing those engines 

23 and the operational impacts of not replacing those 

24 engines. 
42 

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1 (3) An identification of the optimum path for2 ward for replacing the engines of Joint STARS air3 craft and modernizing the Joint STARS fleet. 

4 (b) LIMITATION ON CERTAIN ACTIONS.—The Sec5 retary of the Air Force may not take any action that 

6 would adversely impact the pace of the execution of the 

7 program to replace the engines of Joint STARS aircraft 

8 before submitting the report required by subsection (a). 

9 Subtitle D—Joint and Multiservice 

10 Matters 

11 SEC. 131. MODIFICATION OF NATURE OF DATA LINK UTI12 LIZABLE BY TACTICAL UNMANNED AERIAL 

13 VEHICLES. 

14 Section 141(a)(1) of the National Defense Authoriza15 tion Act for Fiscal Year 2006 (Public Law 109–163; 119 

16 Stat. 3164) is amended by striking ‘‘, until such time as 

17 the Tactical Common Data Link is replace by an updated 

18 standard for use by those vehicles’’ and inserting ‘‘or a 

19 data link that uses waveform capable of transmitting and 

20 receiving Internet Protocol communications’’. 
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1 TITLE II—RESEARCH, DEVELOP2 MENT, TEST, AND EVALUA3 TION 

4 Subtitle A—Authorization of 

5 Appropriations 

6 SEC. 201. AUTHORIZATION OF APPROPRIATIONS. 

7 (a) IN GENERAL.—Funds are hereby authorized to 

8 be appropriated for fiscal year 2010 for the use of the 

9 Department of Defense for research, development, test, 

10 and evaluation as follows: 

11 (1) For the Army, $10,863,003,000. 

12 (2) For the Navy, $19,597,696,000. 

13 (3) For the Air Force, $28,693,952,000. 

14 (4) For Defense-wide activities, 

15 $20,555,270,000. 

16 (5) For Operational Test and Evaluation, De17 fense, $190,770,000. 

18 (b) FUNDING TABLE.—The amounts authorized to be 

19 appropriated by subsection (a) shall be available, in ac20 cordance with the requirements of section 4001, for 

21 projects, programs, and activities, and in the amounts, 

22 specified in the funding table in section 4201. 
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1 Subtitle B—Program Require2 ments, Restrictions, and Limita3 tions 

4 SEC. 211. LIMITATION ON USE OF FUNDS FOR AN ALTER5 NATIVE PROPULSION SYSTEM FOR THE F–35 

6 JOINT STRIKE FIGHTER PROGRAM; IN7 CREASE IN FUNDING FOR PROCUREMENT OF 

8 UH–1Y/AH–1Z ROTARY WING AIRCRAFT AND 

9 FOR MANAGEMENT RESERVES FOR THE F–35 

10 JOINT STRIKE FIGHTER PROGRAM. 

11 (a) LIMITATION ON USE OF FUNDS FOR AN ALTER12 NATIVE PROPULSION SYSTEM FOR THE F–35 JOINT

13 STRIKE FIGHTER PROGRAM.—None of the funds author14 ized to be appropriated or otherwise made available by this 

15 Act may be obligated or expended for the development or 

16 procurement of an alternate propulsion system for the F– 

17 35 Joint Strike Fighter program until the Secretary of 

18 Defense submits to the congressional defense committees 

19 a certification in writing that the development and pro20 curement of the alternate propulsion system— 

21 (1) will— 

22 (A) reduce the total life-cycle costs of the 

23 F–35 Joint Strike Fighter program; and 
45 

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1 (B) improve the operational readiness of 

2 the fleet of F–35 Joint Strike Fighter aircraft; 

3 and 

4 (2) will not— 

5 (A) disrupt the F–35 Joint Strike Fighter 

6 program during the research, development, and 

7 procurement phases of the program; or 

8 (B) result in the procurement of fewer F– 

9 35 Joint Strike Fighter aircraft during the life 

10 cycle of the program. 

11 (b) ADDITIONAL AMOUNT FOR UH–1Y/AH–1Z RO12 TARY WING AIRCRAFT.—The amount authorized to be ap13 propriated by section 102(a)(1) for aircraft procurement 

14 for the Navy is increased by $282,900,000, with the 

15 amount of the increase to be allocated to amounts avail16 able for the procurement of UH–1Y/AH–1Z rotary wing 

17 aircraft. 

18 (c) RESTORATION OF MANAGEMENT RESERVES FOR

19 F–35 JOINT STRIKE FIGHTER PROGRAM.— 

20 (1) NAVY JOINT STRIKE FIGHTER.—The 

21 amount authorized to be appropriated by section 

22 201(a)(2) for research, development, test, and eval23 uation for the Navy is hereby increased by 

24 $78,000,000, with the amount of the increase to be 

25 allocated to amounts available for the Joint Strike 
46 

†S 1391 ES

1 Fighter program (PE # 0604800N) for manage2 ment reserves. 

3 (2) AIR FORCE JOINT STRIKE FIGHTER.—The 

4 amount authorized to be appropriated by section 

5 201(a)(3) for research, development, test, and eval6 uation for the Air Force is hereby increased by 

7 $78,000,000, with the amount of the increase to be 

8 allocated to amounts available for the Joint Strike 

9 Fighter program (PE # 0604800F) for manage10 ment reserves. 

11 (d) OFFSETS.— 

12 (1) NAVY JOINT STRIKE FIGHTER F136 DEVEL13 OPMENT.—The amount authorized to be appro14 priated by section 201(a)(2) for research, develop15 ment, test, and evaluation for the Navy is hereby de16 creased by $219,450,000, with the amount of the 

17 decrease to be derived from amounts available for 

18 the Joint Strike Fighter (PE # 0604800N) for 

19 F136 development. 

20 (2) AIR FORCE JOINT STRIKE FIGHTER F136

21 DEVELOPMENT.—The amount authorized to be ap22 propriated by section 201(a)(3) for research, devel23 opment, test, and evaluation for the Air Force is 

24 hereby decreased by $219,450,000, with the amount 

25 of the decrease to be derived from amounts available 
47 

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1 for the Joint Strike Fighter (PE # 0604800F) for 

2 F136 development. 

3 SEC. 212. ENHANCEMENT OF DUTIES OF DIRECTOR OF DE4 PARTMENT OF DEFENSE TEST RESOURCE 

5 MANAGEMENT CENTER WITH RESPECT TO 

6 THE MAJOR RANGE AND TEST FACILITY 

7 BASE. 

8 (a) AUTHORITY TO REVIEW PROPOSALS FOR SIG9 NIFICANT CHANGES.—Section 196(c) of title 10, United 

10 States Code, is amended— 

11 (1) in paragraph (1), by redesignating subpara12 graphs (A) and (B) as clauses (i) and (ii), respec13 tively; 

14 (2) by redesignating paragraphs (1) through 

15 (4) as subparagraphs (A) through (D), respectively; 

16 (3) by inserting ‘‘(1)’’ before ‘‘The Director’’; 

17 (4) by redesignating subparagraphs (B), (C), 

18 and (D), as so redesignated, as subparagraphs (C), 

19 (D), and (E), respectively; and 

20 (5) by inserting after subparagraph (A), as so 

21 redesignated, the following new subparagraph (B): 

22 ‘‘(B) To review proposed significant changes to 

23 the test and evaluation facilities and resources of the 

24 Major Range and Test Facility Base before they are 

25 implemented by the Secretaries of the military de-
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1 partments or the heads of the Defense Agencies with 

2 test and evaluation responsibilities and advise the 

3 Secretary of Defense and the Under Secretary of 

4 Acquisition, Technology, and Logistics of the impact 

5 of such changes on the adequacy of such test and 

6 evaluation facilities and resources to meet the test 

7 and evaluation requirements of the Department.’’. 

8 (b) ACCESS TO RECORDS AND DATA.—Such section 

9 is further amended by adding at the end the following new 

10 paragraph: 

11 ‘‘(2) The Director shall have access to all records and 

12 data of the test and evaluation activities, facilities, and 

13 elements of the Major Range and Test Facility Base, in14 cluding the records and data of each military department 

15 and Defense Agency, that the Director considers necessary 

16 in order to carry out the Director’s duties under para17 graph (1)(B).’’. 

18 SEC. 213. GUIDANCE ON SPECIFICATION OF FUNDING RE19 QUESTED FOR OPERATION, SUSTAINMENT, 

20 MODERNIZATION, AND PERSONNEL OF 

21 MAJOR RANGES AND TEST FACILITIES. 

22 (a) GUIDANCE ON SPECIFICATION OF FUNDING.— 

23 The Secretary of Defense shall, acting through the Under 

24 Secretary of Defense (Comptroller) and the Director of 

25 the Department of Defense Test Resource Management 
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1 Center, issue guidance on the specification by the military 

2 departments and Defense Agencies of amounts to be re3 quested in the budget of the President for a fiscal year 

4 (as submitted to Congress pursuant to section 1105(a) of 

5 title 31, United States Code) for funding for each facility 

6 and resource of the Major Range and Test Facility Base 

7 in connection with each of the following: 

8 (1) Operation. 

9 (2) Sustainment. 

10 (3) Investment and modernization. 

11 (4) Government personnel. 

12 (5) Contractor personnel. 

13 (b) APPLICABILITY.—The guidance issued under sub14 section (a) shall apply with respect to budgets of the Presi15 dent for fiscal years after fiscal year 2010. 

16 (c) MAJOR RANGE AND TEST FACILITY BASE DE17 FINED.—In this section, the term ‘‘Major Range and Test 

18 Facility Base’’ has the meaning given that term in section 

19 196(h) of title 10, United States Code. 

20 SEC. 214. PERMANENT AUTHORITY FOR THE JOINT DE21 FENSE MANUFACTURING TECHNOLOGY 

22 PANEL. 

23 Section 2521 of title 10, United States Code, is 

24 amended— 
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1 (1) by redesignating subsection (e) as sub2 section (f); and 

3 (2) by inserting after subsection (d) the fol4 lowing new subsection (e): 

5 ‘‘(e) JOINT DEFENSE MANUFACTURING TECH6 NOLOGY PANEL.—(1) There is in the Department of De7 fense the Joint Defense Manufacturing Technology Panel. 

8 ‘‘(2)(A) The Chair of the Joint Defense Manufac9 turing Technology Panel shall be the head of the Panel. 

10 The Chair shall be appointed, on a rotating basis, from 

11 among the appropriate personnel of the military depart12 ments and Defense Agencies with manufacturing tech13 nology programs. 

14 ‘‘(B) The Panel shall be composed of at least one in15 dividual from among appropriate personnel of each mili16 tary department and Defense Agency with manufacturing 

17 technology programs. The Panel may include as ex-officio 

18 members such individuals from other government organi19 zations, academia, and industry as the Chair considers ap20 propriate. 

21 ‘‘(3) The purposes of the Panel shall be as follows: 

22 ‘‘(A) To identify and integrate requirements for 

23 the program. 

24 ‘‘(B) To conduct joint planning for the pro25 gram. 
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1 ‘‘(C) To develop joint strategies for the pro2 gram. 

3 ‘‘(4) In carrying out the purposes specified in para4 graph (3), the Panel shall perform the functions as fol5 lows: 

6 ‘‘(A) Conduct comprehensive reviews and as7 sessments of defense-related manufacturing issues 

8 being addressed by the manufacturing technology 

9 programs and related activities of the Department of 

10 Defense. 

11 ‘‘(B) Execute strategic planning to identify 

12 joint planning opportunities for increased coopera13 tion in the development and implementation of tech14 nological products and the leveraging of funding for 

15 such purposes with the private sector and other gov16 ernment agencies. 

17 ‘‘(C) Ensure the integration and coordination of 

18 requirements and programs under the program with 

19 Office of the Secretary of Defense and other na20 tional-level initiatives, including the establishment of 

21 information exchange processes with other govern22 ment agencies, private industry, academia, and pro23 fessional associations. 
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1 ‘‘(D) Conduct such other functions as the 

2 Under Secretary of Defense for Acquisition, Tech3 nology, and Logistics shall specify. 

4 ‘‘(5) The Panel shall report to and receive direction 

5 from the Director of Defense Research and Engineering 

6 on manufacturing technology issues of multi-service con7 cern and application. 

8 ‘‘(6) The administrative expenses of the Panel shall 

9 be borne by each military department and Defense Agency 

10 with manufacturing technology programs in such manner 

11 as the Panel shall provide.’’. 

12 SEC. 215. EXTENSION AND ENHANCEMENT OF GLOBAL RE13 SEARCH WATCH PROGRAM. 

14 (a) LIMITATION ON AVAILABILITY OF CERTAIN

15 FUNDS FOR MILITARY DEPARTMENTS PENDING PROVI16 SION OF ASSISTANCE UNDER PROGRAM.—Subsection (d) 

17 of section 2365 of title 10, United States Code, is amend18 ed by adding at the end the following new paragraph: 

19 ‘‘(3)(A) Funds available to a military department for 

20 a fiscal year for monitoring or analyzing the research ac21 tivities and capabilities of foreign nations may not be obli22 gated or expended until the Director certifies to the Under 

23 Secretary of Defense for Acquisition, Technology, and Lo24 gistics that the Secretary of such military department has 

25 provided the assistance required under paragraph (2). 
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1 ‘‘(B) The limitation in subparagraph (A) shall not be 

2 construed to alter or effect the availability to a military 

3 department of funds for intelligence activities.’’. 

4 (b) FOUR-YEAR EXTENSION OF PROGRAM.—Sub5 section (f) of such section is amended by striking ‘‘Sep6 tember 30, 2011’’ and inserting ‘‘September 30, 2015’’. 

7 SEC. 216. THREE-YEAR EXTENSION OF AUTHORITY FOR 

8 PRIZES FOR ADVANCED TECHNOLOGY 

9 ACHIEVEMENTS. 

10 Section 2374a(f) of title 10, United States Code, is 

11 amended by striking ‘‘September 30, 2010’’ and inserting 

12 ‘‘September 30, 2013’’. 

13 SEC. 217. MODIFICATION OF REPORT REQUIREMENTS RE14 GARDING DEFENSE SCIENCE AND TECH15 NOLOGY PROGRAM. 

16 Section 212 of the National Defense Authorization 

17 Act for Fiscal Year 2000 (10 U.S.C. 2501 note) is amend18 ed by striking subsection (b), (c), and (d) and inserting 

19 the following new subsections: 

20 ‘‘(b) FUNDING OBJECTIVE.—It is the sense of Con21 gress that it should be an objective of the Secretary of 

22 Defense to increase the budget for the Defense Science 

23 and Technology Program, including the science and tech24 nology program of each military department, for each fis25 cal year after fiscal year 2010 over the budget for that 
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1 program for the preceding fiscal year by a percent that 

2 is at least equal to the rate of inflation, as determined 

3 by the Office of Management and Budget. 

4 ‘‘(c) ACTIONS FOLLOWING FAILURE TO COMPLY

5 WITH OBJECTIVE.—If the proposed budget of the Depart6 ment of Defense for a fiscal year fails to comply with the 

7 objective set forth in subsection (b), the Secretary of De8 fense shall submit to the congressional defense committees 

9 each of the following: 

10 ‘‘(1) Not later than 60 days after the proposed 

11 budget is submitted to Congress, a detailed, 

12 prioritized list, including estimates of required fund13 ing, of proposals for science and technology projects 

14 received by the Department through competitive so15 licitations in the fiscal year preceding the fiscal year 

16 covered by the proposed budget which were not 

17 funded but represent science and technology oppor18 tunities that support the research and development 

19 programs and goals of the military departments and 

20 the Defense Agencies. 

21 ‘‘(2) Not later than six months after the pro22 posed budget is submitted to Congress, an inde23 pendent assessment, in both classified and unclassi24 fied form (as necessary), of any research, tech25 nology, or engineering areas that are of interest to 
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1 the Department in which the United States may not 

2 have global technical leadership within the next 10 

3 years. 

4 ‘‘(d) SUNSET.—The requirements of this section shall 

5 terminate on December 31, 2014.’’. 

6 SEC. 218. PROGRAMS FOR GROUND COMBAT VEHICLE AND 

7 SELF PROPELLED HOWITZER CAPABILITIES 

8 FOR THE ARMY. 

9 (a) PROGRAMS REQUIRED.— 

10 (1) IN GENERAL.—The Secretary of Defense 

11 shall carry out a separate program to achieve each 

12 of the following: 

13 (A) The development, test, and fielding of 

14 an operationally effective, suitable, survivable, 

15 and affordable next generation ground combat 

16 vehicle for the Army. 

17 (B) The development, test, and fielding of 

18 an operationally effective, suitable, survivable, 

19 and affordable next generation self-propelled 

20 howitzer capability for the Army. 

21 (2) COMPLIANCE WITH CERTAIN ACQUISITION

22 REQUIREMENTS.—Each program under paragraph 

23 (1) shall comply with the requirements of the Weap24 ons Systems Acquisition Reform Act of 2009, and 

25 the amendments made by that Act. 
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1 (b) STRATEGY AND PLAN FOR ACQUISITION.— 

2 (1) IN GENERAL.—Not later than March 31, 

3 2010, the Secretary shall submit to the congres4 sional defense committees a report setting forth a 

5 strategy and plan for the acquisition of weapon sys6 tems under the programs required by subsection (a). 

7 Each strategy and plan shall include measurable 

8 goals and objectives for the acquisition of such 

9 weapon systems, and shall identify all proposed 

10 major development, testing, procurement, and field11 ing events toward the achievement of such goals and 

12 objectives. 

13 (2) ELEMENTS.—In developing each strategy 

14 and plan under paragraph (1), the Secretary shall 

15 consider the following: 

16 (A) A single vehicle or family of vehicles 

17 utilizing a common chassis and automotive com18 ponents. 

19 (B) The incorporation of weapon, vehicle, 

20 communications, network, and system of sys21 tems common operating environment tech22 nologies developed under the Future Combat 

23 Systems program. 

24 (c) ANNUAL REPORTS.— 
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1 (1) REPORTS REQUIRED.—The Secretary shall 

2 submit to the congressional defense committees, at 

3 the same time the President submits to Congress the 

4 budget for each of fiscal years 2011 through 2015 

5 (as submitted pursuant to section 1105(a) of title 

6 31, United States Code), a report on the invest7 ments proposed to be made under such budget with 

8 respect to each program required by subsection (a). 

9 (2) ELEMENTS.—Each report under paragraph 

10 (1) shall set forth, for the fiscal year covered by the 

11 budget with which such report is submitted— 

12 (A) the manner in which amounts re13 quested in such budget would be available for 

14 each program required by subsection (a); and 

15 (B) an assessment of the extent to which 

16 utilizing such amount in such manner would 

17 improve ground combat capabilities for the 

18 Army. 

19 SEC. 219. ASSESSMENT OF TECHNOLOGICAL MATURITY 

20 AND INTEGRATION RISK OF ARMY MOD21 ERNIZATION PROGRAMS. 

22 (a) ASSESSMENT REQUIRED.—The Director of De23 fense Research and Engineering shall, in consultation with 

24 the Director of Developmental Test and Evaluation, re25 view and assess the technological maturity and integration 
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1 risk of critical technologies (as jointly identified by the Di2 rector and the Secretary of the Army for purposes of this 

3 section) of Army modernization programs and appropriate 

4 associated programs, including the programs as follows: 

5 (1) Manned Ground Vehicle and Ground Com6 bat Vehicle. 

7 (2) Future Combat Systems network hardware 

8 and software. 

9 (3) Warfighter Information Network–Tactical, 

10 Increment 3. 

11 (4) Joint Tactical Radio System. 

12 (5) Reconnaissance unmanned aerial vehicles. 

13 (6) Future Combat Systems Spin Out tech14 nologies. 

15 (7) Any other programs jointly identified by the 

16 Director and the Secretary for purposes of this sec17 tion. 

18 (b) REPORT.—Not later than nine months after the 

19 date of the enactment of this Act, the Secretary of Defense 

20 shall submit to the congressional defense committees a re21 port on the technological maturity and integration risk of 

22 critical technologies of Army modernization and associated 

23 programs covered by the review and assessment required 

24 under subsection (a), as determined pursuant to that as25 sessment. 
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1 SEC. 220. ASSESSMENT OF STRATEGY FOR TECHNOLOGY 

2 FOR MODERNIZATION OF THE COMBAT VEHI3 CLE AND TACTICAL WHEELED VEHICLE 

4 FLEETS. 

5 (a) INDEPENDENT ASSESSMENT OF STRATEGY RE6 QUIRED.— 

7 (1) IN GENERAL.—Not later than 30 days after 

8 the date of the enactment of this Act, the Secretary 

9 of Defense shall enter into a contract with an appro10 priate entity independent of the United States Gov11 ernment to conduct an independent assessment of 

12 current, anticipated, and potential research and en13 gineering activities for or applicable to the mod14 ernization of the combat vehicle fleet and tactical 

15 wheeled vehicle fleet of the Department of Defense. 

16 (2) ACCESS TO INFORMATION AND RE17 SOURCES.—The Secretary shall provide the entity 

18 with which the Secretary contracts under paragraph 

19 (1) access to such information and resources as are 

20 appropriate to conduct the assessment required by 

21 that paragraph. 

22 (b) REPORT.— 

23 (1) IN GENERAL.—The contract required by 

24 subsection (a) shall provide that the entity with 

25 which the Secretary contracts under that subsection 

26 shall submit to the Secretary of Defense and the 
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1 congressional defense committees a report on the as2 sessment required by that subsection not later than 

3 December 31, 2010. 

4 (2) ELEMENTS.—The report required by para5 graph (1) shall include the following: 

6 (A) A detailed discussion of the require7 ments and capability needs identified or pro8 posed for current and prospective combat vehi9 cles and tactical wheeled vehicles. 

10 (B) An identification of capability gaps for 

11 combat vehicles and tactical wheeled vehicles 

12 based on lessons learned from recent conflicts 

13 and an assessment of emerging threats. 

14 (C) An identification of the critical tech15 nology elements or integration risks associated 

16 with particular categories of combat vehicles 

17 and tactical wheeled vehicles, and with par18 ticular missions of such vehicles. 

19 (D) Recommendations for a plan to de20 velop and deploy within the next 10 years crit21 ical technology capabilities to address the capa22 bility gaps identified pursuant to subparagraph 

23 (B), including an identification of high priority 

24 science and technology, research & engineering, 

25 and prototyping opportunities. 
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1 (E) Such other matters as the Secretary 

2 considers appropriate. 

3 SEC. 221. SYSTEMS ENGINEERING AND PROTOTYPING PRO4 GRAM. 

5 (a) PROGRAM REQUIRED.—The Secretary of Defense 

6 shall, acting through the Under Secretary of Defense for 

7 Acquisition, Technology, and Logistics, carry out a pro8 gram to encourage and fund systems engineering and 

9 prototyping efforts in support of Department of Defense 

10 goals and missions. 

11 (b) OBJECTIVES.—The objectives of the program re12 quired by subsection (a) shall be as follows: 

13 (1) To develop system prototypes for systems 

14 that provide capabilities supportive of addressing 

15 Department of Defense goals, needs, and require16 ments. 

17 (2) To successfully demonstrate new systems in 

18 relevant environments. 

19 (3) To encourage the training of systems engi20 neers and the development of systems engineering 

21 tools and practices. 

22 (c) SELECTION OF PROJECTS.— 

23 (1) PROGRAM AREAS.—The Under Secretary of 

24 Defense for Acquisition, Technology, and Logistics 

25 shall, in consultation with the military departments 
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1 and the Defense Agencies, designate general areas 

2 for systems engineering and prototype projects 

3 under the program required by subsection (a). 

4 (2) SOLICITATION OF PROJECTS.—The Under 

5 Secretary shall solicit for the selection of projects 

6 under the program within the areas designated 

7 under paragraph (1) from among other government 

8 entities, federally-funded research and development 

9 centers, academia, the private sector, and such other 

10 persons, organizations, and entities as the Under 

11 Secretary considers appropriate. 

12 (3) SELECTION.—The Under Secretary shall se13 lect projects for implementation under the program 

14 from among responses to the solicitations made 

15 under paragraph (2). The Under Secretary shall se16 lect such projects on a competitive basis. 

17 (d) IMPLEMENTATION OF PROJECTS.—For each 

18 project selected under subsection (c)(3), the Under Sec19 retary of Defense for Acquisition, Technology, and Logis20 tics shall designate a military department or Defense 

21 Agency to implement the project as part of the program 

22 required by subsection (a). 

23 (e) FUNDING OF PROJECTS.— 

24 (1) IN GENERAL.—The Under Secretary of De25 fense for Acquisition, Technology, and Logistics 
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1 shall, subject to paragraphs (2) and (3), provide 

2 funds for each project selected under subsection 

3 (c)(3) in an amount jointly determined by the Under 

4 Secretary and the acquisition executive of the mili5 tary department or Defense Agency concerned. 

6 (2) LIMITATION ON AMOUNT OF FUNDS.—The 

7 amount of funds provided to a project under para8 graph (1) shall be not greater than the amount 

9 equal to 50 percent of the total cost of the project. 

10 (3) LIMITATION ON PERIOD OF FUNDING.—A 

11 project may not be provided funds under this sub12 section for more than three fiscal years. 

13 (4) SOURCE OF OTHER FUNDING.—Any funds 

14 required for a project under this section that are not 

15 provided under this subsection shall be derived from 

16 funds available to the military department or De17 fense Agency concerned, or another appropriate 

18 source other than this subsection. 

19 (f) ANNUAL REPORT.—Not later than March 31 each 

20 year, the Under Secretary of Defense for Acquisition, 

21 Technology, and Logistics shall submit to the congres22 sional defense committees a report on the activities carried 

23 out under the program required by subsection (a) during 

24 the preceding fiscal year. 
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1 (g) ACQUISITION EXECUTIVE DEFINED.—In this sec2 tion, the term ‘‘acquisition executive’’, with respect to a 

3 military department or Defense Agency, means the official 

4 designated as the senior procurement executive for the 

5 military department or Defense Agency for the purposes 

6 of section 16(c) of the Office of Federal Procurement Pol7 icy Act (41 U.S.C. 414 (c)). 

8 Subtitle C—Missile Defense 

9 Programs 

10 SEC. 241. SENSE OF CONGRESS ON BALLISTIC MISSILE DE11 FENSE. 

12 It is the sense of Congress that— 

13 (1) the United States should develop, test, field, 

14 and maintain operationally effective, cost-effective, 

15 affordable, reliable, suitable, and survivable ballistic 

16 missile defense systems that are capable of defend17 ing the United States, its forward-deployed forces, 

18 allies, and other friendly nations from the threat of 

19 ballistic missile attacks from nations such as North 

20 Korea and Iran; 

21 (2) the missile defense force structure and in22 ventory levels of such missile defense systems should 

23 be determined based on an assessment of ballistic 

24 missile threats and a determination by senior mili25 tary leaders, combatant commanders, and defense 
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1 officials of the requirements and capabilities needed 

2 to address those threats; and 

3 (3) the test and evaluation program for such 

4 missile defense systems should be rigorous, robust, 

5 operationally realistic, and capable of providing a 

6 high level of confidence in the capability of such sys7 tems (including their continuing effectiveness over 

8 the course of their service lives), and adequate re9 sources should be available for that test and evalua10 tion program (including interceptor missiles and tar11 gets for flight tests). 

12 SEC. 242. COMPREHENSIVE PLAN FOR TEST AND EVALUA13 TION OF THE BALLISTIC MISSILE DEFENSE 

14 SYSTEM. 

15 (a) PLAN REQUIRED.— 

16 (1) IN GENERAL.—The Secretary of Defense 

17 shall establish a comprehensive plan for the develop18 mental and operational testing and evaluation of the 

19 Ballistic Missile Defense System and its various ele20 ments. 

21 (2) PERIOD OF PLAN.—The plan shall cover the 

22 period covered by the future-years defense program 

23 that is submitted to Congress under section 221 of 

24 title 10, United States Code, at or about the same 
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1 time as the submittal to Congress of the budget of 

2 the President for fiscal year 2011. 

3 (3) INPUT.—In establishing the plan, the Sec4 retary shall receive input on matters covered by the 

5 plan from the following: 

6 (A) The Director of the Missile Defense 

7 Agency. 

8 (B) The Director of Operational Test and 

9 Evaluation. 

10 (C) The operational test components of the 

11 military departments. 

12 (b) ELEMENTS.—The plan required by subsection (a) 

13 shall include, with regard to developmental and oper14 ational testing of the Ballistic Missile Defense System, the 

15 following: 

16 (1) Test and evaluation objectives. 

17 (2) Test and evaluation criteria and metrics. 

18 (3) Test and evaluation procedures and method19 ology. 

20 (4) Data requirements. 

21 (5) System and element configuration under 

22 test. 

23 (6) Approaches to verification, validation, and 

24 accreditation of models and simulations. 
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1 (7) The relative role of models and simulations, 

2 ground tests, and flight tests in achieving the objec3 tives of the plan. 

4 (8) Test infrastructure and resources, including 

5 test range limitations and potential range enhance6 ments. 

7 (9) Test readiness review approaches and meth8 odology. 

9 (10) Testing for system and element integration 

10 and interoperability. 

11 (11) Means for achieving operational realism 

12 and means of demonstrating operational effective13 ness, suitability and survivability. 

14 (12) Detailed descriptions of planned tests. 

15 (13) A description of the resources required to 

16 implement the plan. 

17 (c) REPORT.— 

18 (1) IN GENERAL.—Not later than March 1, 

19 2011, the Secretary shall submit to the congres20 sional defense committees a report setting forth and 

21 describing the plan required by subsection (a) and 

22 each of the elements required in the plan under sub23 section (b). 

24 (2) ADDITIONAL INFORMATION ON GROUND25 BASED MIDCOURSE DEFENSE.—The report required 
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1 by this subsection shall, in addition to the matters 

2 specified in paragraph (1), include a detailed de3 scription of the test and evaluation activities per4 taining to the Ground-based Midcourse Defense 

5 (GMD) element of the Ballistic Missile Defense Sys6 tem as follows: 

7 (A) Plans for salvo testing. 

8 (B) Plans for multiple simultaneous en9 gagement testing. 

10 (C) Plans for intercept testing using the 

11 Cobra Dane radar as the engagement sensor. 

12 (D) Plans to test and demonstrate the 

13 ability of the system to accomplish its mission 

14 over the planned term of its operational service 

15 life (also known as ‘‘sustainment testing’’). 

16 (3) FORM.—The report required by this sub17 section shall be submitted in unclassified form, but 

18 may include a classified annex. 

19 SEC. 243. ASSESSMENT AND PLAN FOR THE GROUND-BASED 

20 MIDCOURSE DEFENSE ELEMENT OF THE BAL21 LISTIC MISSILE DEFENSE SYSTEM. 

22 (a) SENSE OF CONGRESS.—It is the sense of Con23 gress that— 

24 (1) the Ground-based Midcourse Defense 

25 (GMD) element of the Ballistic Missile Defense Sys-
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1 tem should be an operationally effective, cost-effec2 tive, affordable, reliable, suitable, and survivable sys3 tem capable of defending the United States from the 

4 threat of long-range missile attacks from nations 

5 such as North Korea and Iran, and adequate re6 sources should be available to create and maintain 

7 such a capability (including continuing effectiveness 

8 over the course of its service life); 

9 (2) the force structure and inventory levels of 

10 the Ground-based Midcourse Defense element should 

11 be determined based on an assessment of ballistic 

12 missile threats from nations such as North Korea 

13 and Iran and a determination by senior military 

14 leaders, combatant commanders, and defense offi15 cials of the requirements and capabilities needed to 

16 address those threats; and 

17 (3) the test and evaluation program for the 

18 Ground-based Midcourse Defense element should be 

19 rigorous, robust, operationally realistic, and capable 

20 of providing a high degree of confidence in the capa21 bility of the system (including testing to demonstrate 

22 the continuing effectiveness of the system over the 

23 course of its service life), and adequate resources 

24 should be available for that test and evaluation pro-
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1 gram (including interceptor missiles and targets for 

2 flight tests). 

3 (b) ASSESSMENT REQUIRED.— 

4 (1) IN GENERAL.—As part of the Quadrennial 

5 Defense Review and the Ballistic Missile Defense 

6 Review, the Secretary of Defense shall conduct an 

7 assessment of the following: 

8 (A) Ground-based Midcourse Defense ele9 ment of the Ballistic Missile Defense System. 

10 (B) Future options for the Ground-based 

11 Midcourse Defense element. 

12 (2) ELEMENTS.—The assessment required by 

13 paragraph (1) shall include an assessment of the fol14 lowing: 

15 (A) The ballistic missile threat against 

16 which the Ground-based Midcourse Defense ele17 ment is intended to defend. 

18 (B) The military requirement for Ground19 based Midcourse Defense capabilities against 

20 such missile threat. 

21 (C) The current capabilities of the Ground22 based Midcourse Defense element. 

23 (D) The planned capabilities of the 

24 Ground-based Midcourse Defense element, if 
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1 different from the capabilities under subpara2 graph (B). 

3 (E) The force structure and inventory lev4 els necessary for the Ground-based Midcourse 

5 Defense element to achieve the planned capa6 bilities of that element, including an analysis of 

7 the costs and the potential advantages and dis8 advantages of deploying 44 operational Ground9 based Interceptor missiles. 

10 (F) The infrastructure necessary to 

11 achieve such capabilities, including the number 

12 and location of operational silos. 

13 (G) The number of Ground-based Inter14 ceptor missiles necessary for operational assets, 

15 test assets (including developmental and oper16 ational test assets and aging and surveillance 

17 test assets), and spare missiles. 

18 (3) REPORT.—At or about the same time the 

19 budget of the President for fiscal year 2011 is sub20 mitted to Congress pursuant to section 1105 of title 

21 31, United States Code, the Secretary shall submit 

22 to the congressional defense committees a report set23 ting forth the results of the assessment required by 

24 paragraph (1). The report shall be in unclassified 

25 form, but may include a classified annex. 
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1 (c) PLAN REQUIRED.— 

2 (1) IN GENERAL.—In addition to the assess3 ment required by subsection (b), the Secretary shall 

4 establish a plan for the Ground-based Midcourse De5 fense element of the Ballistic Missile Defense Sys6 tem. The plan shall cover the period of the future7 years defense program that is submitted to Congress 

8 under section 221 of title 10, United States Code, 

9 at or about the same time as the submittal to Con10 gress of the budget of the President for fiscal year 

11 2011. 

12 (2) ELEMENTS.—The plan required by para13 graph (1) shall include the following elements: 

14 (A) The schedule for achieving the planned 

15 capability of the Ground-based Midcourse De16 fense element, including the completion of oper17 ational silos, the delivery of operational Ground18 Based Interceptors, and the deployment of such 

19 interceptors in those silos. 

20 (B) The plan for funding the development, 

21 production, deployment, testing, improvement, 

22 and sustainment of the Ground-based Mid23 course Defense element. 

24 (C) The plan to maintain the operational 

25 effectiveness of the Ground-based Midcourse 
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1 Defense element over the course of its service 

2 life, including any modernization or capability 

3 enhancement efforts, and any sustainment ef4 forts. 

5 (D) The plan for flight testing the Ground6 based Midcourse Defense element, including 

7 aging and surveillance tests to demonstrate the 

8 continuing effectiveness of the system over the 

9 course of its service life. 

10 (E) The plan for production of Ground11 Based Interceptor missiles necessary for oper12 ational assets, developmental and operational 

13 test assets, aging and surveillance test assets, 

14 and spare missiles. 

15 (3) REPORT.—At or about the same time the 

16 budget of the President for fiscal year 2011 is sub17 mitted to Congress pursuant to section 1105 of title 

18 31, United States Code, the Secretary shall submit 

19 to the congressional defense committees a report set20 ting forth the plan required by paragraph (1). The 

21 report shall be in unclassified form, but may include 

22 a classified annex. 

23 (d) CONSTRUCTION.—Nothing in this section shall be 

24 construed as altering or revising the continued production 
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1 of all Ground-Based Interceptor missiles on contract as 

2 of June 23, 2009. 

3 (e) COMPTROLLER GENERAL REVIEW.—The Comp4 troller General of the United States shall— 

5 (1) review the assessment required by sub6 section (b) and the plan required by subsection (c); 

7 and 

8 (2) not later than 120 days after receiving the 

9 assessment and the plan, provide to the congres10 sional defense committees the results of the review. 

11 SEC. 244. REPORT ON POTENTIAL MISSILE DEFENSE CO12 OPERATION WITH RUSSIA. 

13 (a) REPORT REQUIRED.— 

14 (1) IN GENERAL.—Not later than 120 days 

15 after the date of the enactment of this Act, the Sec16 retary of Defense shall submit to the congressional 

17 defense committees a report setting forth potential 

18 options for cooperation among or between the 

19 United States, the North Atlantic Treaty Organiza20 tion (NATO), and the Russian Federation on bal21 listic missile defense. 

22 (2) FORM.—The report shall be submitted in 

23 unclassified form, but may include a classified 

24 annex. 
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1 (b) ELEMENTS.—The report required by subsection 

2 (a) shall include the following: 

3 (1) A description of proposals made by the 

4 United States, the North Atlantic Treaty Organiza5 tion, or the Russian Federation since January 1, 

6 2007, for potential missile defense cooperation 

7 among or between such countries and that organiza8 tion, including data sharing, cooperative regional 

9 missile defense architectures, joint exercises, and 

10 transparency and confidence building measures. 

11 (2) A description of options for the sharing by 

12 such countries and that organization of ballistic mis13 sile surveillance or early warning data, including 

14 data from the Russian early warning radars at 

15 Gabala in Azerbaijan, and Armavir in southern Rus16 sia or other radars, such as the United States radar 

17 proposed for deployment in the Czech Republic. 

18 (3) An assessment of the potential for imple19 mentation of the agreement between the United 

20 States and the Russian Federation on the establish21 ment of a Joint Data Exchange Center. 

22 (4) An assessment of the potential for missile 

23 defense cooperation between the Russian Federation 

24 and the North Atlantic Treaty Organization, includ25 ing through the NATO-Russia Council. 
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1 (5) An assessment of the potential security ben2 efits to the United States, Russia, and the North At3 lantic Treaty Organization of the cooperation de4 scribed in paragraph (4). 

5 (6) Such other matters as the Secretary con6 siders appropriate. 

7 SEC. 245. CONTINUED PRODUCTION OF GROUND-BASED IN8 TERCEPTOR MISSILE AND OPERATION OF 

9 MISSILE FIELD 1 AT FORT GREELY, ALASKA. 

10 (a) LIMITATION ON BREAK IN PRODUCTION.—The 

11 Secretary of Defense shall ensure that the Missile Defense 

12 Agency does not allow a break in production of the 

13 Ground-based Interceptor missile until the Department of 

14 Defense has— 

15 (1) completed the Ballistic Missile Defense Re16 view; and 

17 (2) made a determination with respect to the 

18 number of Ground-based Interceptor missiles that 

19 will be necessary to support the service life of the 

20 Ground-based Midcourse Defense element of the 

21 Ballistic Missile Defense System. 

22 (b) LIMITATION ON CERTAIN ACTIONS WITH RE23 SPECT TO MISSILE FIELD 1 AND MISSILE FIELD 2 AT

24 FORT GREELY, ALASKA.— 
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1 (1) LIMITATION ON DECOMMISSIONING OF MIS2 SILE FIELD 1.—The Secretary of Defense shall en3 sure that Missile Field 1 at Fort Greely, Alaska, 

4 does not complete decommissioning until seven silos 

5 have been emplaced at Missile Field 2 at Fort 

6 Greely. 

7 (2) LIMITATION WITH RESPECT TO DISPOSI8 TION OF SILOS AT MISSILE FIELD 2.—The Secretary 

9 of Defense shall ensure that no irreversible decision 

10 is made with respect to the disposition of operational 

11 silos at Missile Field 2 at Fort Greely, Alaska, until 

12 that date that is 60 days after the date on which the 

13 reports required by subsections (b)(3) and (c)(3) of 

14 section 243 are submitted to the congressional de15 fense committees. 

16 SEC. 246. SENSE OF SENATE ON AND RESERVATION OF 

17 FUNDS FOR DEVELOPMENT AND DEPLOY18 MENT OF MISSILE DEFENSE SYSTEMS IN EU19 ROPE. 

20 (a) FINDINGS.—The Senate makes the following 

21 findings: 

22 (1) In the North Atlantic Treaty Organization 

23 (NATO) Bucharest Summit Declaration of April 3, 

24 2008, the Heads of State and Government partici25 pating in the meeting of the North Atlantic Council 
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1 declared that ‘‘[b]allistic missile proliferation poses 

2 an increasing threat to Allies’ forces, territory and 

3 populations. Missile defence forms part of a broader 

4 response to counter this threat. We therefore recog5 nize the substantial contribution to the protection of 

6 Allies from long-range ballistic missiles to be pro7 vided by the planned deployment of European-based 

8 United States missile defence assets’’. 

9 (2) The Bucharest Summit Declaration also 

10 stated that ‘‘[b]earing in mind the principle of the 

11 indivisibility of Allied security as well as NATO soli12 darity, we task the Council in Permanent Session to 

13 develop options for a comprehensive missile defence 

14 architecture to extend coverage to all Allied territory 

15 and populations not otherwise covered by the United 

16 States system for review at our 2009 Summit, to in17 form any future political decision’’. 

18 (3) In the Bucharest Summit Declaration, the 

19 North Atlantic Council also reaffirmed to Russia 

20 that ‘‘current, as well as any future, NATO Missile 

21 Defence efforts are intended to better address the 

22 security challenges we all face, and reiterate that, 

23 far from posing a threat to our relationship, they 

24 offer opportunities to deepen levels of cooperation 

25 and stability’’. 
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1 (4) In the Strasbourg/Kehl Summit Declaration 

2 of April 4, 2009, the heads of state and government 

3 participating in the meeting of the North Atlantic 

4 Council reaffirmed ‘‘the conclusions of the Bucha5 rest Summit about missile defense,’’ and declared 

6 that ‘‘we judge that missile threats should be ad7 dressed in a prioritized manner that includes consid8 eration of the level of imminence of the threat and 

9 the level of acceptable risk’’. 

10 (5) Iran is rapidly developing its ballistic mis11 sile capabilities, including its inventory of short12 range and medium-range ballistic missiles that can 

13 strike portions of Eastern and Southern North At14 lantic Treaty Organization European territory, as 

15 well as the pursuit of long-range ballistic missiles 

16 that could reach Europe or the United States. 

17 (6) On July 8, 2008, the Government of the 

18 United States and the Government of the Czech Re19 public signed an agreement to base a radar facility 

20 in the Czech Republic that is part of a proposed 

21 missile defense system to protect Europe and the 

22 United States against a potential future Iranian 

23 long-range ballistic missile threat. 

24 (7) On August 20, 2008, the United States and 

25 the Republic of Poland signed an agreement con-
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1 cerning the deployment of ground-based ballistic 

2 missile defense interceptors in the territory of the 

3 Republic of Poland. 

4 (8) Section 233 of the Duncan Hunter National 

5 Defense Authorization Act for Fiscal Year 2009 

6 (Public Law 110–417; 122 Stat. 4393; 10 U.S.C. 

7 2431 note) establishes conditions for the availability 

8 of funds for procurement, construction, and deploy9 ment of the planned missile defense system in Eu10 rope, including that the host nations must ratify any 

11 missile defense agreements with the United States 

12 and that the Secretary of Defense must certify that 

13 the system has demonstrated the ability to accom14 plish the mission. 

15 (9) On April 5, 2009, President Barack Obama, 

16 speaking in Prague, Czech Republic, stated, ‘‘As 

17 long as the threat from Iran persists, we will go for18 ward with a missile defense system that is cost-effec19 tive and proven. If the Iranian threat is eliminated, 

20 we will have a stronger basis for security, and the 

21 driving force for missile defense construction in Eu22 rope will be removed.’’. 

23 (10) On June 16, 2009, Deputy Secretary of 

24 Defense William Lynn testified before the Com25 mittee on Armed Services of the Senate that the 
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1 United States Government is reviewing its options 

2 for developing and deploying operationally effective, 

3 cost-effective missile defense capabilities to Europe 

4 against potential future Iranian missile threats, in 

5 addition to the proposed deployment of a missile de6 fense system in Poland and the Czech Republic. 

7 (11) On July 9, 2009, General James Cart8 wright, the Vice Chairman of the Joint Chiefs of 

9 Staff, testified before the Committee on Armed Serv10 ices of the Senate that the Department of Defense 

11 was considering some 40 different missile defense 

12 architecture options for Europe that could provide a 

13 ‘‘regional defense capability to protect the nations’’ 

14 of Europe, and a ‘‘redundant capability that would 

15 assist in protecting the United States,’’ and that the 

16 Department was considering ‘‘what kind of an archi17 tecture best suits the defense of the region, the de18 fense of the homeland, and the regional stability’’. 

19 (b) SENSE OF SENATE.—It is the sense of the Senate 

20 that— 

21 (1) the United States Government should con22 tinue developing and planning for the proposed de23 ployment of elements of a Ground-based Midcourse 

24 Defense (GMD) system, including a midcourse radar 

25 in the Czech Republic and Ground-Based Intercep-
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1 tors in Poland, consistent with section 233 of the 

2 Duncan Hunter National Defense Authorization Act 

3 for Fiscal Year 2009; 

4 (2) in conjunction with the continued develop5 ment of the planned Ground-based Midcourse De6 fense system, the United States should work with its 

7 North Atlantic Treaty Organization allies to explore 

8 a range of options and architectures to provide mis9 sile defenses for Europe and the United States 

10 against current and future Iranian ballistic missile 

11 capabilities; 

12 (3) any alternative system that the United 

13 States Government considers deploying in Europe to 

14 provide for the defense of Europe and a redundant 

15 defense of the United States against future long16 range Iranian missile threats should be at least as 

17 capable and cost-effective as the proposed European 

18 deployment of the Ground-based Midcourse Defense 

19 system; and 

20 (4) any missile defense capabilities deployed in 

21 Europe should, to the extent practical, be interoper22 able with United States and North Atlantic Treaty 

23 Organization missile defense systems. 

24 (c) RESERVATION OF FUNDS FOR MISSILE DEFENSE

25 SYSTEMS.— 
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1 (1) IN GENERAL.—Of the funds authorized to 

2 be appropriated or otherwise made available for fis3 cal years 2009 and 2010 for the Missile Defense 

4 Agency for the purpose of developing missile de5 fenses in Europe, $353,100,000 shall be available 

6 only for the purposes described in paragraph (2). 

7 (2) USE OF FUNDS.—The purposes described in 

8 this paragraph are the following: 

9 (A) Research, development, test, and eval10 uation of— 

11 (i) the proposed midcourse radar ele12 ment of the Ground-based Midcourse De13 fense system in the Czech Republic; and 

14 (ii) the proposed long-range missile 

15 defense interceptor site element of such de16 fense system in Poland. 

17 (B) Research, development, test, and eval18 uation, procurement, construction, or deploy19 ment of other missile defense systems designed 

20 to protect Europe, and the United States in the 

21 case of long-range missile threats, from the 

22 threats posed by current and future Iranian 

23 ballistic missiles of all ranges, if the Secretary 

24 of Defense submits to the congressional defense 
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1 committees a report certifying that such sys2 tems are expected to be— 

3 (i) consistent with the direction from 

4 the North Atlantic Council to address bal5 listic missile threats to Europe and the 

6 United States in a prioritized manner that 

7 includes consideration of the imminence of 

8 the threat and the level of acceptable risk; 

9 (ii) operationally effective and cost-ef10 fective in providing protection for Europe, 

11 and the United States in the case of long12 range missile threats, against current and 

13 future Iranian ballistic missile threats; and 

14 (iii) interoperable, to the extent prac15 tical, with other components of missile de16 fense and complementary to the missile de17 fense strategy of the North Atlantic Treaty 

18 Organization. 

19 (d) CONSTRUCTION.—Nothing in this section shall be 

20 construed as limiting or preventing the Department of De21 fense from pursuing the development or deployment of 

22 operationally effective and cost-effective ballistic missile 

23 defense systems in Europe. 
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1 SEC. 247. EXTENSION OF DEADLINE FOR STUDY ON BOOST2 PHASE MISSILE DEFENSE. 

3 Section 232(c)(1) of the Duncan Hunter National 

4 Defense Authorization Act for Fiscal Year 2009 (Public 

5 Law 110–417; 122 Stat. 4392) is amended by striking 

6 ‘‘October 31, 2010’’ and inserting ‘‘March 1, 2011’’. 

7 Subtitle D—Other Matters 

8 SEC. 251. REPEAL OF REQUIREMENT FOR BIENNIAL JOINT 

9 WARFIGHTING SCIENCE AND TECHNOLOGY 

10 PLAN. 

11 Section 270 of the National Defense Authorization 

12 Act for Fiscal Year 1997 (10 U.S.C. 2501 note) is re13 pealed. 

14 SEC. 252. MODIFICATION OF REPORTING REQUIREMENT 

15 FOR DEFENSE NANOTECHNOLOGY RE16 SEARCH AND DEVELOPMENT PROGRAM. 

17 Section 246 of the Bob Stump National Defense Au18 thorization Act for Fiscal Year 2003 (Public Law 107– 

19 314; 10 U.S.C. 2358 note) is amended by striking sub20 section (e) and inserting the following new subsection (e): 

21 ‘‘(e) REPORTS.—The Under Secretary of Defense for 

22 Acquisition, Technology, and Logistics shall submit to the 

23 National Science and Technology Council information on 

24 the program that covers the information described in para25 graphs (1) through (5) of section 2(d) of the 21st Century 

26 Nanotechnology Research and Development Act (15 
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1 U.S.C. 7501(d)) to be included in the annual report sub2 mitted by the Council under that section.’’. 

3 SEC. 253. EVALUATION OF EXTENDED RANGE MODULAR 

4 SNIPER RIFLE SYSTEMS. 

5 (a) IN GENERAL.—Not later than March 31, 2010, 

6 the Assistant Secretary of the Army for Acquisition, Lo7 gistics, and Technology shall conduct a comparative eval8 uation of extended range modular sniper rifle systems, in9 cluding .300 Winchester Magnum, .338 Lapua Magnum, 

10 and other calibers. The evaluation shall identify and dem11 onstrate an integrated suite of technologies capable of— 

12 (1) extending the effective range of snipers; 

13 (2) meeting service or unit requirements or 

14 operational need statements; or 

15 (3) closing documented capability gaps. 

16 (b) FUNDING.—The Assistant Secretary of the Army 

17 for Acquisition, Logistics, and Technology shall conduct 

18 the evaluation required by subsection (a) using amounts 

19 appropriated for fiscal year 2009 for extended range mod20 ular sniper rifle system research (PE # 0604802A) that 

21 are unobligated. 

22 (c) REPORT.—Not later than April 30, 2010, the As23 sistant Secretary of the Army for Acquisition, Logistics, 

24 and Technology shall submit to the Committee on Armed 

25 Services of the Senate and the Committee on Armed Serv-
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1 ices of the House of Representatives a report containing 

2 the results of the evaluation required by subsection (a), 

3 including— 

4 (1) detailed ballistics and system performance 

5 data; and 

6 (2) an assessment of the operational capabilities 

7 of extended range modular sniper rifle systems to 

8 meet service or unit requirements or operational 

9 need statements or close documented capabilities 

10 gaps. 

11 TITLE III—OPERATION AND 

12 MAINTENANCE 

13 Subtitle A—Authorization of 

14 Appropriations 

15 SEC. 301. OPERATION AND MAINTENANCE FUNDING. 

16 (a) AUTHORIZATION OF APPROPRIATIONS.—Funds 

17 are hereby authorized to be appropriated for fiscal year 

18 2010 for the use of the Armed Forces and other activities 

19 and agencies of the Department of Defense, for expenses, 

20 not otherwise provided for, for operation and maintenance, 

21 in amounts as follows: 

22 (1) For the Army, $30,932,882,000. 

23 (2) For the Navy, $35,890,046,000. 

24 (3) For the Marine Corps, $5,547,223,000. 

25 (4) For the Air Force, $34,053,559,000. 
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1 (5) For Defense-wide activities, 

2 $27,645,997,000. 

3 (6) For the Army Reserve, $2,623,796,000. 

4 (7) For the Navy Reserve, $1,278,501,000. 

5 (8) For the Marine Corps Reserve, 

6 $228,925,000. 

7 (9) For the Air Force Reserve, $3,079,228,000. 

8 (10) For the Army National Guard, 

9 $6,260,634,000. 

10 (11) For the Air National Guard, 

11 $5,888,461,000. 

12 (12) For the United States Court of Appeals 

13 for the Armed Forces, $13,932,000. 

14 (13) For the Acquisition Development Work15 force Fund, $100,000,000. 

16 (14) For Environmental Restoration, Army, 

17 $415,864,000. 

18 (15) For Environmental Restoration, Navy, 

19 $285,869,000. 

20 (16) For Environmental Restoration, Air Force, 

21 $494,276,000. 

22 (17) For Environmental Restoration, Defense23 wide, $11,100,000. 

24 (18) For Environmental Restoration, Formerly 

25 Used Defense Sites, $267,700,000. 
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1 (19) For Overseas Humanitarian, Disaster and 

2 Civic Aid programs, $109,869,000. 

3 (20) For Cooperative Threat Reduction pro4 grams, $424,093,000. 

5 (21) For Overseas Contingency Operations 

6 Transfer Fund, $5,000,000. 

7 (b) FUNDING TABLE.—The amounts authorized by 

8 subsection (a) shall be available, in accordance with the 

9 requirements of section 4001, for projects, programs, and 

10 activities, and in the amounts, specified in the funding 

11 table in section 4301. 

12 Subtitle B—Environmental 

13 Provisions 

14 SEC. 311. REIMBURSEMENT OF ENVIRONMENTAL PROTEC15 TION AGENCY FOR CERTAIN COSTS IN CON16 NECTION WITH THE FORMER NANSEMOND 

17 ORDNANCE DEPOT SITE, SUFFOLK, VIRGINIA. 

18 (a) AUTHORITY TO REIMBURSE.— 

19 (1) TRANSFER AMOUNT.—Using funds de20 scribed in subsection (b) and notwithstanding sec21 tion 2215 of title 10, United States Code, the Sec22 retary of Defense may transfer not more than 

23 $68,623 during fiscal year 2010 to the Former 

24 Nansemond Ordnance Depot Site Special Account, 

25 within the Hazardous Substance Superfund. 
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1 (2) PURPOSE OF REIMBURSEMENT.—The pay2 ment under paragraph (1) is final payment to reim3 burse the Environmental Protection Agency for all 

4 costs incurred in overseeing a time critical removal 

5 action performed by the Department of Defense 

6 under the Defense Environmental Restoration Pro7 gram for ordnance and explosive safety hazards at 

8 the Former Nansemond Ordnance Depot Site, Suf9 folk, Virginia. 

10 (3) INTERAGENCY AGREEMENT.—The reim11 bursement described in paragraph (2) is provided for 

12 in an interagency agreement entered into by the De13 partment of the Army and the Environmental Pro14 tection Agency for the Former Nansemond Ord15 nance Depot Site in December 1999. 

16 (b) SOURCE OF FUNDS.—Any payment under sub17 section (a) shall be made using funds authorized to be ap18 propriated by section 301(a)(18) for operation and main19 tenance for Environmental Restoration, Formerly Used 

20 Defense Sites. 

21 (c) USE OF FUNDS.—The Environmental Protection 

22 Agency shall use the amount transferred under subsection 

23 (a) to pay costs incurred by the Agency at the Former 

24 Nansemond Ordnance Depot Site. 
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1 Subtitle C—Workplace and Depot 

2 Issues 

3 SEC. 321. MODIFICATION OF AUTHORITY FOR ARMY INDUS4 TRIAL FACILITIES TO ENGAGE IN COOPERA5 TIVE ACTIVITIES WITH NON-ARMY ENTITIES. 

6 (a) CLARIFICATION OF AUTHORITY TO ENTER INTO

7 COOPERATIVE AGREEMENTS.—The second sentence of 

8 section 4544(a) of title 10, United States Code, as added 

9 by section 328(a)(1) of the National Defense Authoriza10 tion Act for Fiscal Year 2008 (Public Law 110–181; 122 

11 Stat. 66), is amended by inserting after ‘‘not more than 

12 eight contracts or cooperative agreements’’ the following: 

13 ‘‘in addition to the contracts and cooperative agreements 

14 in place as of the date of the enactment of the National 

15 Defense Authorization Act for Fiscal Year 2008 (Public 

16 Law 110–181)’’. 

17 (b) ADDITIONAL ELEMENTS REQUIRED FOR ANAL18 YSIS OF USE OF AUTHORITY.—Section 328(b)(2) of the 

19 National Defense Authorization Act for Fiscal Year 2008 

20 (Public Law 110–181; 122 Stat. 67) is amended— 

21 (1) by striking ‘‘a report assessing the advis22 ability’’ and inserting the following: ‘‘a report— 

23 ‘‘(A) assessing the advisability’’; and 
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1 (2) by striking ‘‘pursuant to such authority.’’ 

2 and inserting the following: ‘‘pursuant to such au3 thority; 

4 ‘‘(B) assessing the benefit to the Federal 

5 Government of using such authority; 

6 ‘‘(C) assessing the impact of the use of 

7 such authority on the availability of facilities 

8 needed by the Army and on the private sector; 

9 and 

10 ‘‘(D) describing the steps taken to comply 

11 with the requirements under section 4544(g) of 

12 title 10, United States Code.’’. 

13 SEC. 322. IMPROVEMENT OF INVENTORY MANAGEMENT 

14 PRACTICES. 

15 (a) INVENTORY MANAGEMENT PRACTICES IMPROVE16 MENT PLAN REQUIRED.—Not later than 270 days after 

17 the date of the enactment of this Act, the Secretary of 

18 Defense shall submit to the congressional defense commit19 tees a comprehensive plan for improving the inventory 

20 management systems of the military departments and the 

21 Defense Logistics Agency with the objective of reducing 

22 the acquisition and storage of secondary inventory that is 

23 excess to requirements. 

24 (b) ELEMENTS.—The plan under subsection (a) shall 

25 include the following: 
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1 (1) A plan for a comprehensive review of de2 mand-forecasting procedures to identify and correct 

3 any systematic weaknesses in such procedures, in4 cluding the development of metrics to identify bias 

5 toward over-forecasting and adjust forecasting meth6 ods accordingly. 

7 (2) A plan to accelerate the efforts of the De8 partment of Defense to achieve total asset visibility, 

9 including efforts to link wholesale and retail inven10 tory levels through multi-echelon modeling. 

11 (3) A plan to reduce the average level of on12 order secondary inventory that is excess to require13 ments, including a requirement for the systemic re14 view of such inventory for possible contract termi15 nation. 

16 (4) A plan for the review and validation of 

17 methods used by the military departments and the 

18 Defense Logistics Agency to establish economic re19 tention requirements. 

20 (5) A plan for an independent review of meth21 ods used by the military departments and the De22 fense Logistics Agency to establish contingency re23 tention requirements. 

24 (6) A plan to identify items stored in secondary 

25 inventory that require substantial amounts of stor-
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1 age space and shift such items, where practicable, to 

2 direct vendor delivery. 

3 (7) A plan for a comprehensive assessment of 

4 inventory items on hand that have no recurring de5 mands, including the development of— 

6 (A) metrics to track years of no demand 

7 for items in stock; and 

8 (B) procedures for ensuring the systemic 

9 review of such items for potential reutilization 

10 or disposal. 

11 (8) A plan to more aggressively pursue disposal 

12 reviews and actions on stocks identified for potential 

13 reutilization or disposal. 

14 (c) GAO REPORTS.— 

15 (1) ASSESSMENT OF PLAN.—Not later than 60 

16 days after the date on which the plan required by 

17 subsection (a) is submitted as specified in that sub18 section, the Comptroller General of the United 

19 States shall submit to the congressional defense 

20 committees a report setting forth an assessment of 

21 the extent to which the plan meets the requirements 

22 of this section. 

23 (2) ASSESSMENT OF IMPLEMENTATION.—Not 

24 later than 18 months after the date on which the 

25 plan required by subsection (a) is submitted, the 
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1 Comptroller General shall submit to the congres2 sional defense committees a report setting forth an 

3 assessment of the extent to which the plan has been 

4 effectively implemented by each military department 

5 and by the Defense Logistics Agency. 

6 (d) INVENTORY THAT IS EXCESS TO REQUIREMENTS

7 DEFINED.—In this section, the term ‘‘inventory that is 

8 excess to requirements’’ means inventory that— 

9 (1) is excess to the approved acquisition objec10 tive concerned; and 

11 (2) is not needed for the purposes of economic 

12 retention or contingency retention. 

13 SEC. 323. TEMPORARY SUSPENSION OF AUTHORITY FOR 

14 PUBLIC-PRIVATE COMPETITIONS. 

15 (a) TEMPORARY SUSPENSION.—During the period 

16 beginning on the date of the enactment of this Act and 

17 ending on the date on which the Secretary of Defense sub18 mits to the congressional defense committees the certifi19 cation described in subsection (b), no study or public-pri20 vate competition regarding the conversion to contractor 

21 performance of any function of the Department of Defense 

22 performed by civilian employees may be begun or an23 nounced pursuant to section 2461 of title 10, United 

24 States Code, Office of Management and Budget Circular 

25 A–76, or any other authority. 
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1 (b) CERTIFICATION.—The certification described in 

2 this subsection is a certification that— 

3 (1) the Secretary of Defense has completed and 

4 submitted to Congress a complete inventory of con5 tracts for services for or on behalf of the Depart6 ment of Defense in compliance with the require7 ments of subsection (c) of section 2330a of title 10, 

8 United States Code; and 

9 (2) the Secretary of each military department 

10 and the head of each Defense Agency responsible for 

11 activities in the inventory is in compliance with the 

12 review and planning requirements of subsection (e) 

13 of such section. 

14 SEC. 323A. PUBLIC-PRIVATE COMPETITION REQUIRED BE15 FORE CONVERSION OF ANY DEPARTMENT OF 

16 DEFENSE FUNCTION PERFORMED BY CIVIL17 IAN EMPLOYEES TO CONTRACTOR PERFORM18 ANCE. 

19 (a) REQUIREMENT.—Section 2461(a)(1) of title 10, 

20 United States Code, is amended— 

21 (1) by striking ‘‘A function’’ and inserting ‘‘No 

22 function’’; 

23 (2) by striking ‘‘10 or more’’; and 

24 (3) by striking ‘‘may not be converted’’ and in25 serting ‘‘may be converted’’. 
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1 (b) EFFECTIVE DATE.—The amendments made by 

2 subsection (a) shall apply with respect to a function for 

3 which a public-private competition is commenced on or 

4 after the date of the enactment of this Act. 

5 SEC. 323B. TIME LIMITATION ON DURATION OF PUBLIC6 PRIVATE COMPETITIONS. 

7 (a) TIME LIMITATION.—Section 2461(a) of title 10, 

8 United States Code, is amended by adding at the end the 

9 following new paragraph: 

10 ‘‘(5)(A) The duration of a public-private com11 petition conducted pursuant to Office of Manage12 ment and Budget Circular A–76 or any other provi13 sion of law for any function of the Department of 

14 Defense performed by Department of Defense civil15 ian employees may not exceed the period of specified 

16 in paragraph (B), commencing on the date on which 

17 funds are obligated for contractor support of the 

18 preliminary planning for the public-private competi19 tion begins through the date on which a performance 

20 decision is rendered with respect to the function. 

21 ‘‘(B) The period referred to in paragraph (A) is 

22 30 months with respect to a single formation activity 

23 and 36 months with respect to a multi-formation ac24 tivity. 
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1 ‘‘(C) The time period specified in subparagraph 

2 (A) for a public-private competition does not include 

3 any day during which the public-private competition 

4 is delayed by reason of a protest before the Govern5 ment Accountability Office or the United States 

6 Court of Federal Claims. 

7 ‘‘(D) In this paragraph, the term ‘preliminary 

8 planning’ with respect to a public-private competi9 tion means any action taken to carry out any of the 

10 following activities: 

11 ‘‘(i) Determining the scope of the competi12 tion. 

13 ‘‘(ii) Conducting research to determine the 

14 appropriate grouping of functions for the com15 petition. 

16 ‘‘(iii) Assessing the availability of workload 

17 data, quantifiable outputs of functions, and 

18 agency or industry performance standards ap19 plicable to the competition. 

20 ‘‘(iv) Determining the baseline cost of any 

21 function for which the competition is con22 ducted.’’. 

23 (b) EFFECTIVE DATE.—Paragraph (5) of section 

24 2461(a) of title 10, United States Code, as added by sub25 section (a), shall apply with respect to a public-private 
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1 competition covered by such section that is being con2 ducted on or after the date of the enactment of this Act. 

3 SEC. 323C. TERMINATION OF CERTAIN PUBLIC-PRIVATE 

4 COMPETITIONS FOR CONVERSION OF DE5 PARTMENT OF DEFENSE FUNCTIONS TO PER6 FORMANCE BY A CONTRACTOR. 

7 Any Department of Defense public-private competi8 tion that exceeds the time limits established in section 

9 2461(a) shall be reviewed by the Secretary of Defense and 

10 considered for termination. If the Secretary of Defense 

11 does not terminate the competition, he shall report to Con12 gress on the reasons for his decision. 

13 SEC. 324. EXTENSION OF ARSENAL SUPPORT PROGRAM INI14 TIATIVE. 

15 Section 343 of the Floyd D. Spence National Defense 

16 Authorization Act for Fiscal Year 2001 (10 U.S.C. 4551 

17 note), as amended by section 341 of the National Defense 

18 Authorization Act for Fiscal Year 2008 (Public Law 110– 

19 181; 122 Stat. 69), is amended— 

20 (1) in subsection (a), by striking ‘‘2010’’ and 

21 inserting ‘‘2011’’; and 

22 (2) in subsection (g)(1), by striking ‘‘2010’’ 

23 and inserting ‘‘2011’’. 
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1 SEC. 325. MODIFICATION OF DATE FOR SUBMITTAL TO 

2 CONGRESS OF ANNUAL REPORT ON FUNDING 

3 FOR PUBLIC AND PRIVATE PERFORMANCE 

4 OF DEPOT-LEVEL MAINTENANCE AND RE5 PAIR WORKLOADS. 

6 Section 2466(d)(1) of title 10, United States Code, 

7 is amended by striking ‘‘April 1 of each year’’ and insert8 ing ‘‘90 days after the date on which the budget of the 

9 President for a fiscal year is submitted to Congress pursu10 ant to section 1105 of title 31’’. 

11 Subtitle D—Energy Provisions 

12 SEC. 331. ENERGY SECURITY ON DEPARTMENT OF DE13 FENSE INSTALLATIONS. 

14 (a) PLAN FOR ENERGY SECURITY REQUIRED.— 

15 (1) IN GENERAL.—Not later than 180 days 

16 after the date of the enactment of this Act, the Sec17 retary of Defense shall develop a plan for identifying 

18 and addressing areas in which the electricity needed 

19 to carry out critical military missions on Department 

20 of Defense installations is vulnerable to disruption. 

21 (2) ELEMENTS.—The plan developed under 

22 paragraph (1) shall include, at a minimum, the fol23 lowing: 

24 (A) An identification of the areas of vul25 nerability as described in paragraph (1), and an 
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1 identification of priorities in addressing such 

2 areas of vulnerability. 

3 (B) A schedule for the actions to be taken 

4 by the Department to address such areas of 

5 vulnerability. 

6 (C) A strategy for working with other pub7 lic or private sector entities to address such 

8 areas of vulnerability that are beyond the con9 trol of the Department. 

10 (b) WORK WITH NON-DEPARTMENT OF DEFENSE

11 ENTITIES.— 

12 (1) IN GENERAL.—The Secretary of Defense 

13 shall work with other Federal entities, and with 

14 State and local government entities, to develop any 

15 regulations or other mechanisms needed to require 

16 or encourage actions to address areas of vulner17 ability identified pursuant to the plan developed 

18 under subsection (a) that are beyond the control of 

19 the Department of Defense. 

20 (2) CONTRACT AUTHORITY.—Where necessary 

21 to achieve the purposes of this section, the Secretary 

22 may enter into a contract, grant, or other agreement 

23 with one or more appropriate public or private sector 

24 entities under which such entity or entities agree to 

25 carry out actions required to address areas of vul-
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1 nerability identified pursuant to the plan developed 

2 under subsection (a) that are beyond the control of 

3 the Department. Any such contract, grant, or agree4 ment may provide for the full or partial reimburse5 ment of the entity concerned by the Department for 

6 actions taken by the entity under such contract, 

7 grant, or agreement. 

8 SEC. 332. EXTENSION AND EXPANSION OF REPORTING RE9 QUIREMENTS REGARDING DEPARTMENT OF 

10 DEFENSE ENERGY EFFICIENCY PROGRAMS. 

11 (a) NEW REPORTING REQUIREMENTS.—Section 

12 317(e) of the National Defense Authorization Act for Fis13 cal Year 2002 (Public Law 107–107; 115 Stat. 1054) is 

14 amended to read as follows: 

15 ‘‘(e) REPORTING REQUIREMENTS.— 

16 ‘‘(1) IN GENERAL.—Not later one year after 

17 the date of the enactment of this Act, and each Jan18 uary 1 thereafter through 2020, the Secretary shall 

19 submit to the congressional defense a report regard20 ing progress made toward achieving the energy effi21 ciency goals of the Department of Defense, con22 sistent with the provisions of section 303 of Execu23 tive Order 13123 (64 Fed. Reg. 30851; 42 U.S.C. 

24 8521 note) and section 11(b) of Executive Order 

25 13423 (72 Fed. Reg. 3919; 42 U.S.C. 4321 note). 
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1 ‘‘(2) REPORTS SUBMITTED AFTER JANUARY 1, 

2 2009.—Each report required under paragraph (1) 

3 that is submitted after the date of the enactment of 

4 the National Defense Authorization Act for Fiscal 

5 Year 2010 shall include the following: 

6 ‘‘(A) A table detailing funding, by account, 

7 for all energy projects and investments. 

8 ‘‘(B) A description of the funding and 

9 steps taken to achieve the renewable energy 

10 goals in the Energy Policy Act of 2005 (42 

11 U.S.C. 15801 et seq.) and Executive Order 

12 13423 by fiscal year 2015, and section 2911(e) 

13 of title 10, United States Code, by fiscal year 

14 2025. 

15 ‘‘(C) A description of steps taken to ensure 

16 that facility and installation management goals 

17 are consistent with current legislative and other 

18 requirements, including applicable requirements 

19 under the Energy Independence and Security 

20 Act of 2007 (Public Law 110–140). 

21 ‘‘(D) A description of steps taken to deter22 mine best practices for measuring energy con23 sumption in Department of Defense facilities 

24 and installations in order to use the data for 

25 better energy management. 
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1 ‘‘(E) A description of steps taken to com2 ply with requirements of the Energy Independ3 ence and Security Act of 2007, including new 

4 design and construction requirements for build5 ings. 

6 ‘‘(F) A description of steps taken to com7 ply with section 533 of the National Energy 

8 Conservation Policy Act (42 U.S.C. 8259b), re9 garding the supply by the General Services Ad10 ministration and the Defense Logistics Agency 

11 of Energy Star and Federal Energy Manage12 ment Program (FEMP) designated products to 

13 its Department of Defense customers. 

14 ‘‘(G) A description of steps taken to en15 courage the use of Energy Star and FEMP des16 ignated products at military installations in 

17 government or contract maintenance activities. 

18 ‘‘(H) A description of steps taken to com19 ply with standards for projects built using ap20 propriated funds and established by the Energy 

21 Independence and Security Act of 2007 for 

22 privatized construction projects, whether resi23 dential, administrative, or industrial. 
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1 ‘‘(I) A description of any other issues and 

2 strategies the Secretary determines relevant to 

3 a comprehensive and renewable energy policy.’’. 

4 (b) ADDITIONAL MATERIAL REQUIRED FOR FIRST

5 EXPANDED REPORT.—The first report submitted by the 

6 Secretary of Defense under section 317(e) of the National 

7 Defense Authorization Act for Fiscal Year 2002 (Public 

8 Law 107–107; 115 Stat. 1054), as amended by subsection 

9 (a), after the date of the enactment of this Act shall in10 clude, in addition to the matters required under such sec11 tion, the following: 

12 (1) A determination of whether the existing 

13 tools, such as the Energy Conservation Investment 

14 Program (ECIP) and the Energy Savings Perform15 ance Contracts (ESPC) program, are sufficient to 

16 support renewable energy projects to achieve the De17 partment’s installation energy goals, or if new fund18 ing mechanisms would be beneficial. 

19 (2) An appropriate goal or goals for the use of 

20 alternative fuels for ground vehicles, aircraft, sea 

21 vessels, and applicable weapons systems, taking into 

22 consideration a broad range of factors, including 

23 cost, availability, technological feasibility, energy 

24 independence and security, and environmental im25 pact. 
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1 (3) A determination of the cost and feasibility 

2 of a policy that would require new power generation 

3 projects established on installations to be able to 

4 switch to provide power for military operations in 

5 the event of a commercial grid outage. 

6 (4) An assessment of the extent to which State 

7 and regional laws and regulations and market struc8 tures provide opportunities or obstacles to establish 

9 renewable energy projects on military installations. 

10 (5) A determination of the cost and feasibility 

11 of developing or acquiring equipment or systems 

12 that would result in the complete use of renewable 

13 energy sources at contingency locations. 

14 (6) A determination of the cost and feasibility 

15 of implementing the recommendations of the 2008 

16 Defense Science Board Report entitled, ‘‘More Fight 

17 – Less Fuel’’. 

18 SEC. 333. ALTERNATIVE AVIATION FUEL INITIATIVE. 

19 (a) FINDINGS.—Congress makes the following find20 ings: 

21 (1) Dependence on foreign sources of oil is det22 rimental to the national security of the United 

23 States due to possible disruptions in supply. 

24 (2) The Department of Defense is the largest 

25 single consumer of fuel in the United States. 
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1 (3) The United States Air Force is the largest 

2 consumer of fuel in the Department of Defense. 

3 (4) The dramatically fluctuating price of fuel 

4 can have a significant budgetary impact on the De5 partment of Defense. 

6 (5) The United States Air Force uses about 

7 2,600,000,000 gallons of jet fuel a year, or 10 per8 cent of the entire domestic market in aviation fuel. 

9 (6) The Air Force’s Alternative Aviation Fuel 

10 Initiative includes certification and testing of both 

11 biomass-derived (‘‘biofuel’’) and synthetic fuel blends 

12 produced via the Fischer-Tropsch (FT) process. By 

13 not later than December 31, 2016, the Air Force 

14 will be prepared to cost competitively acquire 50 per15 cent of the Air Force’s domestic aviation fuel re16 quirement via an alternative fuel blend in which the 

17 alternative component is derived from domestic 

18 sources produced in a manner that is greener than 

19 fuels produced from conventional petroleum. 

20 (7) The Air Force Energy Program will provide 

21 options to reduce the use of foreign oil, by focusing 

22 on expanding alternative energy options that provide 

23 favorable environmental attributes as compared to 

24 currently-available options. 

25 (b) CONTINUATION OF INITIATIVES.— 
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1 (1) IN GENERAL.—The Secretary of the Air 

2 Force shall continue the alternative aviation fuel ini3 tiatives of the Air Force with a goal of— 

4 (A) certifying its aircraft, applicable vehi5 cles and support equipment, and associated 

6 storage and distribution infrastructure for unre7 stricted operational use of a synthetic fuel blend 

8 by early 2011; 

9 (B) being prepared to acquire 50 percent 

10 of its domestic aviation fuel requirement from 

11 alternative or synthetic fuels (including blends 

12 of alternative or synthetic fuels with conven13 tional fuels) by not later than December 31, 

14 2016, provided that— 

15 (i) the lifecycle greenhouse gas emis16 sions associated with the production and 

17 combustion of such fuel shall be equal to 

18 or lower than such emissions from conven19 tional fuels that are used in the same ap20 plication, as determined in accordance with 

21 guidance by the Department of Energy 

22 and the Environmental Protection Agency; 

23 and 
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1 (ii) prices for such fuels are cost com2 petitive with petroleum-based alternatives 

3 that are used for the same functions; 

4 (C) taking actions in collaboration with the 

5 commercial aviation industry and equipment 

6 manufacturers to spur the development of a do7 mestic alternative aviation fuel industry; and 

8 (D) taking actions in collaboration with 

9 other Federal agencies, the commercial sector, 

10 and academia to solicit for and test the next 

11 generation of environmentally-friendly alter12 native aviation fuels. 

13 (2) ADJUSTMENT OF GOAL.—The Secretary of 

14 the Air Force may adjust the goal of acquiring 50 

15 percent of Air Force domestic fuel requirements 

16 from alternative or synthetic fuels by not later than 

17 December 31, 2016, if the Secretary determines in 

18 writing that it would not be practicable, or in the 

19 best interests of the Air Force, to do so and informs 

20 the congressional defense committees within 30 days 

21 of the basis for such determination. 

22 (3) ANNUAL REPORT.—Not later than 180 days 

23 after the date of the enactment of this Act and an24 nually thereafter in each of fiscal years 2011 

25 through 2016, the Secretary of Defense, in consulta-
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1 tion with the Secretary of the Air Force, shall sub2 mit to Congress a report on the progress of the al3 ternative aviation fuel initiative program, includ4 ing— 

5 (A) the status of aircraft fleet certification, 

6 until complete; 

7 (B) the quantities of alternative or syn8 thetic fuels (including blends of alternative or 

9 synthetic fuels with conventional fuels) pur10 chased for use by the Air Force in the fiscal 

11 year ending in such year; 

12 (C) progress made against published goals 

13 for such fiscal year; 

14 (D) the status of recovery plans to achieve 

15 any goals set for previous years that were not 

16 achieved; and 

17 (E) the establishment or adjustment of 

18 goals and objectives for the current fiscal year 

19 or for future years. 

20 (c) ANNUAL REPORT FOR ARMY AND NAVY.—Not 

21 later than 180 days after the date of the enactment of 

22 this Act, and annually thereafter in each of fiscal years 

23 2011 through 2016, the Secretary of the Army and the 

24 Secretary of the Navy shall each submit to Congress a 

25 report on goals and progress to research, test, and certify 
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1 the use of alternative fuels in their respective aircraft 

2 fleets. 

3 (d) DEFENSE SCIENCE BOARD REVIEW.— 

4 (1) REPORT REQUIRED.—Not later than Octo5 ber 1, 2011, the Defense Science Board shall report 

6 to the Secretary of Defense on the feasibility and 

7 advisability of achieving the goals established in sub8 section (b)(1). The report shall address— 

9 (A) the technological and economic 

10 achievability of the goals; 

11 (B) the impact of actions required to meet 

12 such goals on the military readiness of the Air 

13 Force, energy costs, environmental perform14 ance, and dependence on foreign oil; and 

15 (C) any recommendations the Defense 

16 Science Board may have for improving the Air 

17 Force program. 

18 (2) SUBMISSION TO CONGRESS.—Not later than 

19 30 days after receiving the report required by under 

20 paragraph (1), the Secretary of Defense shall for21 ward the report to Congress, together with the com22 ments and recommendations of the Secretary. 
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1 SEC. 334. AUTHORIZATION OF APPROPRIATIONS FOR DI2 RECTOR OF OPERATIONAL ENERGY. 

3 Of the amounts authorized to be appropriated for Op4 eration and Maintenance, Defense-wide, $5,000,000 is for 

5 the Director of Operational Energy Plans and Programs 

6 to carry out the duties prescribed for the Director under 

7 section 139b of title 10, United States Code, to be made 

8 available upon the confirmation of an individual to serve 

9 as the Director of Operational Energy Plans and Pro10 grams. 

11 SEC. 335. DEPARTMENT OF DEFENSE PARTICIPATION IN 

12 PROGRAMS FOR MANAGEMENT OF ENERGY 

13 DEMAND OR REDUCTION OF ENERGY USAGE 

14 DURING PEAK PERIODS. 

15 (a) IN GENERAL.—Subchapter I of chapter 173 of 

16 title 10, United States Code, is amended by adding at the 

17 end the following new section: 

18 ‘‘§ 2919. Department of Defense participation in pro19 grams for management of energy demand 

20 or reduction of energy usage during peak 

21 periods 

22 ‘‘(a) PARTICIPATION IN DEMAND RESPONSE OR

23 LOAD MANAGEMENT PROGRAMS.—The Secretary of De24 fense, the Secretaries of the military departments, the 

25 heads of the Defense Agencies, and the heads of other in26 strumentalities of the Department of Defense are author-
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1 ized to participate in demand response programs for the 

2 management of energy demand or the reduction of energy 

3 usage during peak periods conducted by any of the fol4 lowing parties: 

5 ‘‘(1) An electric utility 

6 ‘‘(2) An independent system operator. 

7 ‘‘(3) A State agency. 

8 ‘‘(4) A third party entity (such as a demand re9 sponse aggregator or curtailment service provider) 

10 implementing demand response programs on behalf 

11 of an electric utility, independent system operator, 

12 or State agency. 

13 ‘‘(b) TREATMENT OF CERTAIN FINANCIAL INCEN14 TIVES.—Financial incentives received from an entity spec15 ified in subsection (a) shall be received in cash and depos16 ited into the Treasury as a miscellaneous receipt. Amounts 

17 received shall be available for obligation only to the extent 

18 provided in advance in an appropriations Act. The Sec19 retary concerned or the head of the Defense Agency or 

20 other instrumentality, as the case may be, shall pay for 

21 the cost of the design and implementation of these services 

22 in full in the year in which they are received from amounts 

23 provided in advance in an appropriations Act. 

24 ‘‘(c) USE OF CERTAIN FINANCIAL INCENTIVES.—Of 

25 the amounts derived from financial incentives awarded to 
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1 a military installation as described in subsection (b) and 

2 provided for in advance by an appropriations Act— 

3 ‘‘(1) not less than 100 percent shall be made 

4 available for use at such military installation; and 

5 ‘‘(2) not less than 30 percent shall be made 

6 available for energy management initiatives at such 

7 installation.’’. 

8 (b) CLERICAL AMENDMENT.—The table of sections 

9 at the beginning of such subchapter is amended by adding 

10 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.’’. 

11 Subtitle E—Reports 

12 SEC. 341. STUDY ON ARMY MODULARITY. 

13 (a) STUDY.— 

14 (1) IN GENERAL.—Not later than 30 days after 

15 the date of the enactment of this Act, the Secretary 

16 of Defense shall enter into a contract with a Feder17 ally Funded Research and Development Center 

18 (FFRDC) to conduct a study on the current and 

19 planned modularity structures of the Army to deter20 mine the following: 

21 (A) The operational capability of the Army 

22 to execute its core mission to contribute land 

23 power to joint operations. 
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1 (B) The ability to manage flexibility and 

2 versatility of Army forces across the range of 

3 military operations. 

4 (C) The tactical, operational, and strategic 

5 risk associated with the heavy and light mod6 ular combat brigades and functional brigades. 

7 (D) The required and planned end 

8 strength for the Army. 

9 (2) FACTORS TO CONSIDER.—The study re10 quired under subsection (a) shall take into consider11 ation the following factors: 

12 (A) The Army’s historical experience with 

13 separate brigade structures. 

14 (B) The original Army analysis, including 

15 explicit or implicit assumptions, upon which the 

16 brigade combat team, functional brigade, and 

17 higher headquarters’ designs were based. 

18 (C) Subsequent analysis that confirmed or 

19 modified the original designs. 

20 (D) Lessons learned from Operations Iraqi 

21 Freedom and Enduring Freedom that con22 firmed or modified the original designs. 

23 (E) Improvements in brigade and head24 quarters designs the Army has made or is im25 plementing. 
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1 (3) ACCESS TO INFORMATION.—The Secretary 

2 of Defense and the Secretary of the Army shall en3 sure that the FFRDC conducting the study has ac4 cess to all necessary data, records, analysis, per5 sonnel, and other resources necessary to complete 

6 the study. 

7 (b) REPORT.—Not later than December 31, 2010, 

8 the Secretary of Defense shall submit to the congressional 

9 defense committees a report containing the results of the 

10 study conducted under subsection (a), together with com11 ments by the Chief of Staff of the Army and the Secretary 

12 of Defense. 

13 SEC. 342. PLAN FOR MANAGING VEGETATIVE ENCROACH14 MENT AT TRAINING RANGES. 

15 Section 366(a)(5) of the Bob Stump National De16 fense Authorization Act for Fiscal Year 2003 (Public Law 

17 107–314; 10 U.S.C. 113 note) is amended— 

18 (1) by striking ‘‘(5) At the same time’’ and in19 serting ‘‘(5)(A) At the same time’’; and 

20 (2) by adding at the end the following new sub21 paragraph: 

22 ‘‘(B) Beginning with the report submitted to Con23 gress at the same time as the President submits the budg24 et for fiscal year 2011, the report required under this sub25 section shall include the following: 
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1 ‘‘(i) An assessment of the extent to which vege2 tation and overgrowth limits the use of military 

3 lands available for training of the Armed Forces in 

4 the United States and overseas. 

5 ‘‘(ii) Identification of the particular installations 

6 and training areas at which vegetation and over7 growth negatively impact the use of training space. 

8 ‘‘(iii)(I) As part of the first such report sub9 mitted, a plan to address training constraints caused 

10 by vegetation and overgrowth. 

11 ‘‘(II) As part of each subsequent report, any 

12 necessary updates to such plan.’’. 

13 SEC. 343. REPORT ON STATUS OF AIR NATIONAL GUARD 

14 AND AIR FORCE RESERVE. 

15 Not later than 180 days after the date of the enact16 ment of this Act, the Secretary of Defense, in consultation 

17 with the Secretary of the Air Force, the Chief of the Na18 tional Guard Bureau, the Director of the Air National 

19 Guard, the Chief of the Air Force Reserve, and such other 

20 officials as the Secretary of Defense considers appropriate, 

21 shall submit to Congress a report on— 

22 (1) the status of the Air National Guard and 

23 the Air Force Reserve; and 

24 (2) the plans of the Department of Defense to 

25 ensure that the Air National Guard and the Air 
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1 Force Reserve remain ready to meet the require2 ments of the Air Force and the combatant com3 mands and for homeland defense. 

4 TITLE IV—MILITARY 

5 PERSONNEL AUTHORIZATIONS 

6 Subtitle A—Active Forces 

7 SEC. 401. END STRENGTHS FOR ACTIVE FORCES. 

8 The Armed Forces are authorized strengths for active 

9 duty personnel as of September 30, 2010, as follows: 

10 (1) The Army, 547,400. 

11 (2) The Navy, 328,800. 

12 (3) The Marine Corps, 202,100. 

13 (4) The Air Force, 331,700. 

14 SEC. 402. ADDITIONAL AUTHORITY FOR INCREASES OF 

15 ARMY ACTIVE-DUTY END STRENGTHS FOR 

16 FISCAL YEARS 2010, 2011, AND 2012. 

17 (a) AUTHORITY TO INCREASE ARMY ACTIVE-DUTY

18 END STRENGTH.— 

19 (1) AUTHORITY.—For each of fiscal years 

20 2010, 2011, and 2012, the Secretary of Defense 

21 may, as the Secretary determines necessary for the 

22 purposes specified in paragraph (2), establish the ac23 tive-duty end strength for the Army at a number 

24 greater than the number otherwise authorized by law 
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1 up to the number equal to the fiscal-year 2010 base2 line plus 30,000. 

3 (2) PURPOSE OF INCREASES.—The purposes 

4 for which an increase may be made in the active 

5 duty end strength for the Army under paragraph (1) 

6 are the following: 

7 (A) To increase dwell time for members of 

8 the Army on active duty. 

9 (B) To support operational missions. 

10 (C) To achieve reorganizational objectives, 

11 including increased unit manning, force sta12 bilization and shaping, and supporting wounded 

13 warriors. 

14 (b) RELATIONSHIP TO PRESIDENTIAL WAIVER AU15 THORITY.—Nothing in this section shall be construed to 

16 limit the authority of the President under section 123a 

17 of title 10, United States Code, to waive any statutory 

18 end strength in a time of war or national emergency. 

19 (c) RELATIONSHIP TO OTHER VARIANCE AUTHOR20 ITY.—The authority in subsection (a) is in addition to the 

21 authority to vary authorized end strengths that is provided 

22 in subsections (e) and (f) of section 115 of title 10, United 

23 States Code. 

24 (d) BUDGET TREATMENT.— 
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1 (1) IN GENERAL.—If the Secretary of Defense 

2 increases active-duty end strength for the Army for 

3 fiscal year 2010 under subsection (a), the Secretary 

4 may fund such an increase through Department of 

5 Defense reserve funds or through an emergency sup6 plemental appropriation. 

7 (2) FISCAL YEARS 2011 AND 2012.—(2) If the 

8 Secretary of Defense plans to increase the active9 duty end strength for the Army for fiscal year 2011 

10 or 2012, the budget for the Department of Defense 

11 for such fiscal year as submitted to Congress shall 

12 include the amounts necessary for funding the ac13 tive-duty end strength for the Army in excess of the 

14 fiscal-year 2010 baseline. 

15 (e) DEFINITIONS.—In this section: 

16 (1) FISCAL-YEAR 2010 BASELINE.—The term 

17 ‘‘fiscal-year 2010 baseline’’, with respect to the 

18 Army, means the active-duty end strength author19 ized for the Army in section 401(1). 

20 (2) ACTIVE-DUTY END STRENGTH.—The term 

21 ‘‘active-duty end strength’’, with respect to the Army 

22 for a fiscal year, means the strength for active duty 

23 personnel of Army as of the last day of the fiscal 

24 year. 
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1 Subtitle B—Reserve Forces 

2 SEC. 411. END STRENGTHS FOR SELECTED RESERVE. 

3 (a) IN GENERAL.—The Armed Forces are authorized 

4 strengths for Selected Reserve personnel of the reserve 

5 components as of September 30, 2010, as follows: 

6 (1) The Army National Guard of the United 

7 States, 358,200. 

8 (2) The Army Reserve, 205,000. 

9 (3) The Navy Reserve, 65,500. 

10 (4) The Marine Corps Reserve, 39,600. 

11 (5) The Air National Guard of the United 

12 States, 106,700. 

13 (6) The Air Force Reserve, 69,500. 

14 (7) The Coast Guard Reserve, 10,000. 

15 (b) ADJUSTMENTS.—The end strengths prescribed by 

16 subsection (a) for the Selected Reserve of any reserve com17 ponent shall be proportionately reduced by— 

18 (1) the total authorized strength of units orga19 nized to serve as units of the Selected Reserve of 

20 such component which are on active duty (other 

21 than for training) at the end of the fiscal year; and 

22 (2) the total number of individual members not 

23 in units organized to serve as units of the Selected 

24 Reserve of such component who are on active duty 

25 (other than for training or for unsatisfactory partici-
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1 pation in training) without their consent at the end 

2 of the fiscal year. 

3 Whenever such units or such individual members are re4 leased from active duty during any fiscal year, the end 

5 strength prescribed for such fiscal year for the Selected 

6 Reserve of such reserve component shall be increased pro7 portionately by the total authorized strengths of such 

8 units and by the total number of such individual members. 

9 SEC. 412. END STRENGTHS FOR RESERVES ON ACTIVE 

10 DUTY IN SUPPORT OF THE RESERVES. 

11 Within the end strengths prescribed in section 

12 411(a), the reserve components of the Armed Forces are 

13 authorized, as of September 30, 2010, the following num14 ber of Reserves to be serving on full-time active duty or 

15 full-time duty, in the case of members of the National 

16 Guard, for the purpose of organizing, administering, re17 cruiting, instructing, or training the reserve components: 

18 (1) The Army National Guard of the United 

19 States, 32,060. 

20 (2) The Army Reserve, 16,261. 

21 (3) The Navy Reserve, 10,818. 

22 (4) The Marine Corps Reserve, 2,261. 

23 (5) The Air National Guard of the United 

24 States, 14,555. 

25 (6) The Air Force Reserve, 2,896. 
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1 SEC. 413. END STRENGTHS FOR MILITARY TECHNICIANS 

2 (DUAL STATUS). 

3 The minimum number of military technicians (dual 

4 status) as of the last day of fiscal year 2010 for the re5 serve components of the Army and the Air Force (notwith6 standing section 129 of title 10, United States Code) shall 

7 be the following: 

8 (1) For the Army Reserve, 8,395. 

9 (2) For the Army National Guard of the United 

10 States, 27,210. 

11 (3) For the Air Force Reserve, 10,417. 

12 (4) For the Air National Guard of the United 

13 States, 22,313. 

14 SEC. 414. FISCAL YEAR 2010 LIMITATION ON NUMBER OF 

15 NON-DUAL STATUS TECHNICIANS. 

16 (a) LIMITATIONS.— 

17 (1) NATIONAL GUARD.—Within the limitation 

18 provided in section 10217(c)(2) of title 10, United 

19 States Code, the number of non-dual status techni20 cians employed by the National Guard as of Sep21 tember 30, 2010, may not exceed the following: 

22 (A) For the Army National Guard of the 

23 United States, 1,600. 

24 (B) For the Air National Guard of the 

25 United States, 350. 
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1 (2) ARMY RESERVE.—The number of non-dual 

2 status technicians employed by the Army Reserve as 

3 of September 30, 2010, may not exceed 595. 

4 (3) AIR FORCE RESERVE.—The number of non5 dual status technicians employed by the Air Force 

6 Reserve as of September 30, 2010, may not exceed 

7 90. 

8 (b) NON-DUAL STATUS TECHNICIANS DEFINED.—In 

9 this section, the term ‘‘non-dual status technician’’ has the 

10 meaning given that term in section 10217(a) of title 10, 

11 United States Code. 

12 SEC. 415. MAXIMUM NUMBER OF RESERVE PERSONNEL AU13 THORIZED TO BE ON ACTIVE DUTY FOR 

14 OPERATIONAL SUPPORT. 

15 During fiscal year 2010, the maximum number of 

16 members of the reserve components of the Armed Forces 

17 who may be serving at any time on full-time operational 

18 support duty under section 115(b) of title 10, United 

19 States Code, is the following: 

20 (1) The Army National Guard of the United 

21 States, 17,000. 

22 (2) The Army Reserve, 13,000. 

23 (3) The Navy Reserve, 6,200. 

24 (4) The Marine Corps Reserve, 3,000. 
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1 (5) The Air National Guard of the United 

2 States, 16,000. 

3 (6) The Air Force Reserve, 14,000. 

4 SEC. 416. REPORT ON TRAINEE ACCOUNT FOR THE ARMY 

5 NATIONAL GUARD. 

6 (a) REPORT REQUIRED.—Not later than 180 days 

7 after the date of the enactment of this Act, the Secretary 

8 of the Army shall submit to the congressional defense com9 mittees a report setting forth an assessment of the estab10 lishment within the Army National Guard of a trainees, 

11 transients, holdees, and students account (commonly re12 ferred to as a ‘‘TTHS’’ account). 

13 (b) ELEMENTS.—The report required by subsection 

14 (a) shall include an assessment of the feasibility and advis15 ability of permitting the Army National Guard to have, 

16 without regard to its authorized end strength levels for 

17 a fiscal year, a trainees, transients, holdees, and students 

18 account for assigning all members of the Army National 

19 Guard who have not completed initial entry training in 

20 order to ensure that all personnel of fully manned and 

21 deployable units of the Army National Guard have com22 pleted initial entry training. 
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1 SEC. 417. AUTHORITY FOR SERVICE SECRETARY 

2 VARIANCES FOR SELECTED RESERVE END 

3 STRENGTHS. 

4 Section 115(g) of title 10, United States Code, is 

5 amended to read as follows: 

6 ‘‘(g) AUTHORITY FOR SERVICE SECRETARY

7 VARIANCES FOR ACTIVE-DUTY AND SELECTED RESERVE

8 END STRENGTHS.—(1) Upon determination by the Sec9 retary of a military department that such action would 

10 enhance manning and readiness in essential units or in 

11 critical specialties or ratings, the Secretary may— 

12 ‘‘(A) increase the end strength authorized pur13 suant to subsection (a)(1)(A) for a fiscal year for 

14 the armed force under the jurisdiction of that Sec15 retary or, in the case of the Secretary of the Navy, 

16 for any of the armed forces under the jurisdiction of 

17 that Secretary, by a number equal to not more than 

18 2 percent of such authorized end strength; and 

19 ‘‘(B) increase the end strength authorized pur20 suant to subsection (a)(2) for a fiscal year for the 

21 Selected Reserve of the reserve component of the 

22 armed force under the jurisdiction of that Secretary 

23 or, in the case of the Secretary of the Navy, for the 

24 Selected Reserve of the reserve component of any of 

25 the armed forces under the jurisdiction of that Sec-
127 

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1 retary, by a number equal to not more than 2 per2 cent of such authorized end strength. 

3 ‘‘(2) Any increase under paragraph (1) of the end 

4 strength for an armed force or the Selected Reserve of 

5 a reserve component of an armed force shall be counted 

6 as part of the increase for that armed force or Selected 

7 Reserve for that fiscal year authorized under subsection 

8 (f)(1) or subsection (f)(3), respectively.’’. 

9 Subtitle C—Authorization of 

10 Appropriations 

11 SEC. 421. MILITARY PERSONNEL. 

12 (a) AUTHORIZATION OF APPROPRIATIONS.—There is 

13 hereby authorized to be appropriated for fiscal year 2010 

14 for the Department of Defense for military personnel 

15 amounts as follows: 

16 (1) For military personnel, $124,864,942,000. 

17 (2) For contributions to the Medicare-Eligible 

18 Retiree Health Fund, $10,751,339,000. 

19 (b) CONSTRUCTION OF AUTHORIZATION.—The au20 thorization of appropriations in subsection (a) supersedes 

21 any other authorization of appropriations (definite or in22 definite) for such purpose for fiscal year 2010. 
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1 TITLE V—MILITARY PERSONNEL 

2 POLICY 

3 Subtitle A—Officer Personnel 

4 Policy 

5 SEC. 501. MODIFICATION OF LIMITATIONS ON GENERAL 

6 AND FLAG OFFICERS ON ACTIVE DUTY. 

7 (a) CLARIFICATION OF DISTRIBUTION LIMITS.—Sec8 tion 525 of title 10, United States Code, is amended by 

9 striking subsections (a) and (b) and inserting the following 

10 new subsections: 

11 ‘‘(a) For purposes of the applicable limitation in sec12 tion 526(a) of this title on general and flag officers on 

13 active duty, no appointment of an officer on the active 

14 duty list may be made as follows: 

15 ‘‘(1) in the Army, if that appointment would re16 sult in more than— 

17 ‘‘(A) 7 officers in the grade of general; 

18 ‘‘(B) 45 officers in a grade above the grade 

19 of major general; or 

20 ‘‘(C) 90 officers in the grade of major gen21 eral; 

22 ‘‘(2) in the Air Force, if that appointment 

23 would result in more than— 

24 ‘‘(A) 9 officers in the grade of general; 
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1 ‘‘(B) 43 officers in a grade above the grade 

2 of major general; or 

3 ‘‘(C) 73 officers in the grade of major gen4 eral; 

5 ‘‘(3) in the Navy, if that appointment would re6 sult in more than— 

7 ‘‘(A) 6 officers in the grade of admiral; 

8 ‘‘(B) 32 officers in a grade above the grade 

9 of rear admiral; or 

10 ‘‘(C) 50 officers in the grade of rear admi11 ral; 

12 ‘‘(4) in the Marine Corps, if that appointment 

13 would result in more than— 

14 ‘‘(A) 2 officers in the grade of general; 

15 ‘‘(B) 15 officers in a grade above the grade 

16 of major general; or 

17 ‘‘(C) 22 officers in the grade of major gen18 eral. 

19 ‘‘(b)(1) The limitations of subsection (a) do not in20 clude the following: 

21 ‘‘(A) An officer released from a joint duty as22 signment, but only during the 60-day period begin23 ning on the date the officer departs the joint duty 

24 assignment, except that the Secretary of Defense 

25 may authorize the Secretary of a military depart-
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1 ment to extend the 60-day period by an additional 

2 120 days, but no more than 3 officers from each 

3 armed forces may be on active duty who are ex4 cluded under this subparagraph. 

5 ‘‘(B) An officer while serving in the position of 

6 Staff Judge Advocate to the Commandant of the 

7 Marine Corps under section 5046 of this title. 

8 ‘‘(C) The number of officers required to serve 

9 in joint duty assignments as authorized by the Sec10 retary of Defense under section 526(b) for each mili11 tary service. 

12 ‘‘(D) An officer while serving as Chief of the 

13 National Guard Bureau. 

14 ‘‘(2) An officer of the Army while serving as Super15 intendent of the United States Military Academy, if serv16 ing in the grade of lieutenant general, is in addition to 

17 the number that would otherwise be permitted for the 

18 Army for officers serving on active duty in grades above 

19 major general under subsection (a). An officer of the Navy 

20 or Marine Corps while serving as Superintendent of the 

21 United States Naval Academy, if serving in the grade of 

22 vice admiral or lieutenant general, is in addition to the 

23 number that would otherwise be permitted for the Navy 

24 or Marine Corps, respectively, for officers serving on active 

25 duty in grades above major general or rear admiral under 
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1 subsection (a). An officer while serving as Superintendent 

2 of the United States Air Force Academy, if serving in the 

3 grade of lieutenant general, is in addition to the number 

4 that would otherwise be permitted for the Air Force for 

5 officers serving on active duty in grades above major gen6 eral under subsection (a).’’. 

7 (b) CLARIFICATION ON OFFSETTING REDUCTIONS.— 

8 Subsection (c) of such section is amended— 

9 (1) in paragraph (1)— 

10 (A) by amending subparagraph (A) to read 

11 as follows: 

12 ‘‘(A) may make appointments in the Army, Air 

13 Force, and Marine Corps in the grades of lieutenant 

14 general and general in excess of the applicable num15 bers determined under this section if each such ap16 pointment is made in conjunction with an offsetting 

17 reduction under paragraph (2); and’’; and 

18 (B) in subparagraph (B), by striking ‘‘sub19 section (b)(2)’’ and inserting ‘‘this section’’; 

20 (2) in paragraph (3)(A), by striking ‘‘the num21 ber equal to 10 percent of the total number of offi22 cers that may be serving on active duty in those 

23 grades in the Army, Navy, Air Force, and Marine 

24 Corps under subsection (b)’’ and inserting ‘‘15’’; and 
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1 (3) in paragraph (3)(B), by striking ‘‘the num2 ber equal to 15 percent of the total number of offi3 cers that may be serving on active duty in those 

4 grades in the Army, Navy, Air Force, and Marine 

5 Corps’’ and inserting ‘‘5’’. 

6 (c) OTHER DISTRIBUTION CLARIFICATIONS.—Such 

7 section is further amended— 

8 (1) in subsection (e), by striking ‘‘In deter9 mining the total number of general officers or flag 

10 officers of an armed force on active duty for pur11 poses of this section, the following officers shall not 

12 be counted:’’ in the matter preceding paragraph (1) 

13 and inserting ‘‘The following officers shall not be 

14 counted for purposes of this section:’’; and 

15 (2) by adding at the end the following new sub16 section: 

17 ‘‘(g) The limitations of this section do not apply to 

18 a reserve component general or flag officer who is on ac19 tive duty and serving in a position that is a joint duty 

20 assignment for the purposes of chapter 38 of this title for 

21 a period not to exceed three years.’’. 

22 (d) CHANGE TO AUTHORIZED STRENGTHS.—Sub23 section (a) of section 526 of such title is amended— 

24 (1) in paragraph (1), by striking ‘‘307’’ and in25 serting ‘‘230’’; 
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1 (2) in paragraph (2), by striking ‘‘216’’ and in2 serting ‘‘160’’; 

3 (3) in paragraph (3), by striking ‘‘279’’ and in4 serting ‘‘208’’; and 

5 (4) in paragraph (4), by striking ‘‘81’’ and in6 serting ‘‘60’’. 

7 (e) CHANGES TO LIMITED EXCLUSION FOR JOINT

8 DUTY REQUIREMENTS.—Subsection (b) of such section is 

9 amended— 

10 (1) in paragraph (1)— 

11 (A) by striking ‘‘Chairman of the Joint 

12 Chiefs of Staff’’ and inserting ‘‘Secretary of 

13 Defense’’; 

14 (B) by striking ‘‘65’’ and inserting ‘‘324’’; 

15 and 

16 (C) by striking the second sentence and in17 serting the following new sentence: ‘‘The Sec18 retary of Defense shall allocate those exclusions 

19 to the armed forces based on the number of 

20 general or flag officers required from each 

21 armed force for assignment to these designated 

22 positions.’’; 

23 (2) by redesignating paragraph (2) as para24 graph (4); and 
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1 (3) by inserting after paragraph (1) the fol2 lowing new paragraphs: 

3 ‘‘(2) Unless the Secretary of Defense determines that 

4 a lower number is in the best interest of the Department, 

5 the minimum number of officers serving in positions des6 ignated under paragraph (1) for each armed force shall 

7 be as follows: 

8 ‘‘(A) For the Army, 85. 

9 ‘‘(B) For the Navy, 61. 

10 ‘‘(C) For the Air Force, 76. 

11 ‘‘(D) For the Marine Corps, 21. 

12 ‘‘(3) The number excluded under paragraph (1) and 

13 serving in positions designated under that paragraph— 

14 ‘‘(A) in the grade of general or admiral may not 

15 exceed 20; 

16 ‘‘(B) in a grade above the grade of major gen17 eral or rear admiral may not exceed 68; and 

18 ‘‘(C) in the grade of major general or rear ad19 miral may not exceed 144.’’. 

20 (f) OTHER AUTHORIZATION CLARIFICATIONS.—Such 

21 section is further amended— 

22 (1) in subsection (d), by adding at the end the 

23 following new paragraph: 

24 ‘‘(3) The limitations of this section do not apply to 

25 a reserve component general or flag officer who is on ac-
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1 tive duty and serving in a position that is a joint duty 

2 assignment for the purposes of chapter 38 of this title for 

3 a period not to exceed three years.’’; and 

4 (2) by adding at the end the following new sub5 sections: 

6 ‘‘(g) TEMPORARY EXCLUSION FOR ASSIGNMENT TO

7 CERTAIN TEMPORARY BILLETS.—(1) The limitations in 

8 subsection (a) and in section 525(a) of this title do not 

9 apply to a general or flag officer assigned to a temporary 

10 joint duty assignment designated by the Secretary of De11 fense. 

12 ‘‘(2) A general or flag officer assigned to a temporary 

13 joint duty assignment as described in paragraph (1) may 

14 not be excluded under this subsection from the limitations 

15 in subsection (a) for a period of longer than one year. 

16 ‘‘(h) EXCLUSION OF OFFICERS DEPARTING FROM

17 JOINT DUTY ASSIGNMENTS.—The limitations in sub18 section (a) do not apply to an officer released from a joint 

19 duty assignment, but only during the 60-day period begin20 ning on the date the officer departs the joint duty assign21 ment; except that the Secretary of Defense may authorize 

22 the Secretary of a military department to extend the 60- 

23 day by an additional 120 days, but no more than 3 officers 

24 from each armed force may be on active duty who are ex25 cluded under this subsection.’’. 
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1 (g) REPEAL OF LIMITATIONS ON GENERAL AND

2 FLAG OFFICER ACTIVITIES OUTSIDE THE OFFICER’S

3 OWN SERVICE.— 

4 (1) REPEAL.—Section 721 of such title is re5 pealed. 

6 (2) CLERICAL AMENDMENT.—The table of sec7 tions at the beginning of chapter 41 of such title is 

8 amended by striking the item relating to section 

9 721. 

10 (h) REPEAL OF SUPERSEDED AUTHORITY.—Section 

11 506 of the Duncan Hunter National Defense Authoriza12 tion Act for Fiscal Year 2009 (Public Law 110–417; 122 

13 Stat. 4434; 10 U.S.C. 525 note) is repealed. 

14 SEC. 502. REVISIONS TO ANNUAL REPORT REQUIREMENT 

15 ON JOINT OFFICER MANAGEMENT. 

16 Section 667 of title 10, United States Code, is 

17 amended— 

18 (1) in paragraph (1)(A), by striking ‘‘and their 

19 education and experience’’; 

20 (2) by striking paragraph (3); 

21 (3) by transferring subparagraph (B) of para22 graph (4) to the end of paragraph (1), redesignating 

23 that subparagraph as subparagraph (C), aligning 

24 that subparagraph with the margin of subparagraph 
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1 (B) of paragraph (1), and capitalizing the first word 

2 of that subparagraph; 

3 (4) by striking the remainder of paragraph (4), 

4 as amended by paragraph (3) of this section; 

5 (5) by redesignating paragraph (5) as para6 graph (3); 

7 (6) by striking paragraph (6); 

8 (7) by redesignating paragraphs (7) through 

9 (11) as paragraphs (4) through (8), respectively; 

10 (8) by redesignating paragraph (12) as para11 graph (9) and in that paragraph striking ‘‘each time 

12 the’’ and all that follows and inserting ‘‘the principal 

13 courses of instruction for Joint Professional Military 

14 Education Level II, the number of officers grad15 uating from each of the following: 

16 ‘‘(A) The Joint Forces Staff College. 

17 ‘‘(B) The National Defense University. 

18 ‘‘(C) Senior Service Schools.’’; and 

19 (9) by redesignating paragraph (13) as para20 graph (10). 

21 SEC. 503. GRADE OF LEGAL COUNSEL TO THE CHAIRMAN 

22 OF THE JOINT CHIEFS OF STAFF. 

23 (a) IN GENERAL.—Section 156(c) of title 10, United 

24 States Code, is amended by striking ‘‘, while so serving, 

25 hold the’’ and inserting ‘‘be appointed in the regular’’. 
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1 (b) EFFECTIVE DATE.—The amendment made by 

2 subsection (a) shall take effect on the date of the enact3 ment of this Act, and shall apply with respect to individ4 uals appointed as Legal Counsel to the Chairman of the 

5 Joint Chiefs of Staff on or after that date. 

6 SEC. 504. CHIEF AND DEPUTY CHIEF OF CHAPLAINS OF 

7 THE AIR FORCE. 

8 (a) IN GENERAL.—Chapter 805 of title 10, United 

9 States Code, is amended by inserting after section 8038 

10 the following new section: 

11 ‘‘§ 8039. Chief and Deputy Chief of Chaplains: ap12 pointment; duties 

13 ‘‘(a) CHIEF OF CHAPLAINS.—(1) There is a Chief of 

14 Chaplains in the Air Force, who shall be appointed by the 

15 President, by and with the advice and consent of the Sen16 ate, from active duty officers of the Air Force Chaplain 

17 Corps serving in the grade of colonel or above who have 

18 served on active duty as a chaplain for at least eight years. 

19 ‘‘(2) An officer appointed as the Chief of Chaplains 

20 shall be appointed for a term of three years. However, the 

21 President may terminate or extend the appointment at 

22 any time. 

23 ‘‘(3) The Chief of Chaplains shall be appointed in the 

24 regular grade of major general. 
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1 ‘‘(4) The Chief of Chaplains shall perform such du2 ties as may be prescribed by the Secretary of the Air Force 

3 and by law. 

4 ‘‘(b) DEPUTY CHIEF OF CHAPLAINS.—(1) There is 

5 a Deputy Chief of Chaplains in the Air Force who shall 

6 be appointed by the President by and with the advice and 

7 consent of the Senate from active duty officers of the Air 

8 Force Chaplain Corps serving in the grade of colonel who 

9 have served on active duty as a chaplain for at least eight 

10 years. 

11 ‘‘(2) An officer appointed as the Deputy Chief of 

12 Chaplains shall be appointed for a term of three years. 

13 However, the President may terminate or extend the ap14 pointment at any time. 

15 ‘‘(3) The Deputy Chief of Chaplains shall be ap16 pointed in the regular grade of brigadier general. 

17 ‘‘(4) The Deputy Chief of Chaplains shall perform 

18 such duties as may be prescribed by the Secretary of the 

19 Air Force, the Chief of Chaplains, and by law. 

20 ‘‘(c) SELECTION OF RECOMMENDED OFFICERS

21 THROUGH SELECTION BOARD PROCEDURES.—Under reg22 ulations approved by the Secretary of Defense, the Sec23 retary of the Air Force in selecting an officer for rec24 ommendation to the President under subsection (a) for ap25 pointment as the Chief of Chaplains or under subsection 
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†S 1391 ES

1 (b) for appointment as the Deputy Chief of Chaplains 

2 shall ensure that the officer selected is recommended by 

3 a board of officers that, insofar as is practicable, is subject 

4 to the procedures applicable to selection boards convened 

5 under chapter 36 of this title.’’. 

6 (b) CLERICAL AMENDMENT.—The table of sections 

7 at the beginning of chapter 805 of such title is amended 

8 by inserting after the item related to section 8038 the fol9 lowing new item: 

‘‘8039. Chief and Deputy Chief of Chaplains: appointment; duties.’’. 

10 Subtitle B—Reserve Component 

11 Management 

12 SEC. 511. REPORT ON REQUIREMENTS OF THE NATIONAL 

13 GUARD FOR NON-DUAL STATUS TECHNI14 CIANS. 

15 (a) REPORT REQUIRED.—Not later than 180 days 

16 after the date of the enactment of this Act, the Secretary 

17 of Defense shall submit to the Committees on Armed Serv18 ices of the Senate and House of Representatives a report 

19 setting forth the following: 

20 (1) A description of the types of duties per21 formed for the National Guard by non-dual status 

22 technicians. 

23 (2) A description of the current requirements of 

24 the National Guard for non-dual status technicians. 
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1 (3) A description of various means of address2 ing any shortfalls in meeting such requirements, in3 cluding both temporary shortfalls and permanent 

4 shortfalls. 

5 (b) CONSIDERATIONS.—The report required by sub6 section (a) shall take into consideration the effects of the 

7 mobilization of large numbers of National Guard military 

8 technicians (dual status) on the readiness of National 

9 Guard units in critically important areas and on the ca10 pacity of the National Guard to continue performing 

11 home-based missions and responsibilities for the States. 

12 Subtitle C—Education and 

13 Training 

14 SEC. 521. GRADE OF COMMISSIONED OFFICERS IN UNI15 FORMED MEDICAL ACCESSION PROGRAMS. 

16 (a) MEDICAL STUDENTS OF USUHS.—Section 

17 2114(b) of title 10, United States Code, is amended— 

18 (1) in paragraph (1), by striking the second 

19 sentence and inserting the following new sentences: 

20 ‘‘Each medical student shall be appointed as a reg21 ular officer in the grade of second lieutenant or en22 sign. An officer so appointed may, upon meeting 

23 such criteria for promotion as may be prescribed by 

24 the Secretary concerned, be appointed in the regular 

25 grade of first lieutenant or lieutenant (junior grade). 
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1 Medical students commissioned under this section 

2 shall serve on active duty in their respective 

3 grades.’’; and 

4 (2) in paragraph (2), by striking ‘‘grade of sec5 ond lieutenant or ensign’’ and inserting ‘‘grade in 

6 which the member is serving under paragraph (1)’’. 

7 (b) PARTICIPANTS IN HEALTH PROFESSIONS SCHOL8 ARSHIP AND FINANCIAL ASSISTANCE PROGRAM.—Section 

9 2121(c) of such title is amended— 

10 (1) in paragraph (1), by striking the second 

11 sentence and inserting the following new sentences: 

12 ‘‘Each person so commissioned shall be appointed as 

13 a reserve officer in the grade of second lieutenant or 

14 ensign. An officer so appointed may, upon meeting 

15 such criteria for promotion as may be prescribed by 

16 the Secretary concerned, be appointed in the reserve 

17 grade of first lieutenant or lieutenant (junior grade). 

18 Medical students commissioned under this section 

19 shall serve on active duty in their respective grades 

20 for a period of 45 days during each year of partici21 pation in the program.’’; and 

22 (2) in paragraph (2), by striking ‘‘grade of sec23 ond lieutenant or ensign’’ and inserting ‘‘grade in 

24 which the member is serving under paragraph (1)’’. 
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1 (c) OFFICERS DETAILED AS STUDENTS AT MEDICAL

2 SCHOOLS.—Subsection (e) of section 2004a of such title 

3 is amended— 

4 (1) in the subsection heading, by striking ‘‘AP5 POINTMENT AND TREATMENT OF PRIOR ACTIVE

6 SERVICE’’ and inserting ‘‘SERVICE ON ACTIVE

7 DUTY’’; and 

8 (2) by striking paragraph (1) and inserting the 

9 following new paragraph (1): 

10 ‘‘(1) A commissioned officer detailed under sub11 section (a) shall serve on active duty, subject to the limita12 tions on grade specified in section 2114(b)(1) of this title 

13 and with the entitlement to basic pay as specified in sec14 tion 2114(b)(2) of this title.’’. 

15 SEC. 522. EXPANSION OF CRITERIA FOR APPOINTMENT AS 

16 MEMBER OF THE BOARD OF REGENTS OF 

17 THE UNIFORMED SERVICES UNIVERSITY OF 

18 THE HEALTH SCIENCES. 

19 Section 2113a(b)(1) of title 10, United States Code, 

20 is amended by striking ‘‘health and health education’’ and 

21 inserting ‘‘health care, higher education administration, 

22 and public policy’’. 
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†S 1391 ES

1 SEC. 523. DETAIL OF COMMISSIONED OFFICERS AS STU2 DENTS AT SCHOOLS OF PSYCHOLOGY. 

3 (a) IN GENERAL.—Chapter 101 of title 10, United 

4 States Code, is amended by inserting after section 2004 

5 the following new section: 

6 ‘‘§ 2004a. Detail of commissioned officers as students 

7 at schools of psychology 

8 ‘‘(a) DETAIL AUTHORIZED.—The Secretary of each 

9 military department may detail commissioned officers of 

10 the armed forces as students at accredited schools of psy11 chology located in the United States for a period of train12 ing leading to the degree of Doctor of Philosophy in clin13 ical psychology. No more than 25 officers from each mili14 tary department may commence such training in any sin15 gle fiscal year. 

16 ‘‘(b) ELIGIBILITY FOR DETAIL.—To be eligible for 

17 detail under subsection (a), an officer must be a citizen 

18 of the United States and must— 

19 ‘‘(1) have served on active duty for a period of 

20 not less than two years nor more than six years and 

21 be in the pay grade 0–3 or below as of the time the 

22 training is to begin; and 

23 ‘‘(2) sign an agreement that unless sooner sepa24 rated the officer will— 

25 ‘‘(A) complete the educational course of 

26 psychological training; 
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1 ‘‘(B) accept transfer or detail as a commis2 sioned officer within the military department 

3 concerned when the officer’s training is com4 pleted; and 

5 ‘‘(C) agree to serve, following completion 

6 of the officer’s training, on active duty (or on 

7 active duty and in the Selected Reserve) for a 

8 period as specified pursuant to subsection (c). 

9 ‘‘(c) SERVICE OBLIGATION.—(1) Except as provided 

10 in paragraph (2), the agreement of an officer under sub11 section (b) shall provide that the officer shall serve on ac12 tive duty for two years for each year or part thereof of 

13 the officer’s training under subsection (a). 

14 ‘‘(2) The agreement of an officer may authorize the 

15 officer to serve a portion of the officer’s service obligation 

16 on active duty and to complete the service obligation that 

17 remains upon separation from active duty in the Selected 

18 Reserve. Under any such agreement, an officer shall serve 

19 three years in the Selected Reserve for each year or part 

20 thereof of the officer’s training under subsection (a) for 

21 any service obligation that was not completed before sepa22 ration from active duty. 

23 ‘‘(d) SELECTION OF OFFICERS FOR DETAIL.—Offi24 cers detailed for training under subsection (a) shall be se-
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1 lected on a competitive basis by the Secretary of the mili2 tary department concerned. 

3 ‘‘(e) RELATION OF SERVICE OBLIGATIONS TO OTHER

4 SERVICE OBLIGATIONS.—Any service obligation incurred 

5 by an officer under an agreement entered into under sub6 section (b) shall be in addition to any service obligation 

7 incurred by the officer under any other provision of law 

8 or agreement. 

9 ‘‘(f) EXPENSES.—Expenses incident to the detail of 

10 officers under this section shall be paid from any funds 

11 appropriated for the military department concerned. 

12 ‘‘(g) FAILURE TO COMPLETE PROGRAM.—(1) An of13 ficer who is dropped from a program of psychological 

14 training to which detailed under subsection (a) for defi15 ciency in conduct or studies, or for other reasons, may 

16 be required to perform active duty in an appropriate mili17 tary capacity in accordance with the active duty obligation 

18 imposed on the officer under regulations issued by the 

19 Secretary of Defense for purposes of this section. 

20 ‘‘(2) In no case shall an officer be required to serve 

21 on active duty under paragraph (1) for any period in ex22 cess of one year for each year or part thereof the officer 

23 participated in the program. 

24 ‘‘(h) LIMITATION ON DETAILS.—No agreement de25 tailing an officer of the armed forces to an accredited 
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1 school of psychology may be entered into during any pe2 riod in which the President is authorized by law to induct 

3 persons into the armed forces involuntarily. Nothing in 

4 this subsection shall affect any agreement entered into 

5 during any period when the President is not authorized 

6 by law to so induct persons into the armed forces.’’. 

7 (b) CLERICAL AMENDMENT.—The table of sections 

8 at the beginning of chapter 101 of such title is amended 

9 by inserting after the item relating to section 2004 the 

10 following new item: 

‘‘2004a. Detail of commissioned officers as students at schools of psychology.’’. 

11 SEC. 524. AIR FORCE ACADEMY ATHLETIC ASSOCIATION. 

12 (a) IN GENERAL.—Chapter 903 of title 10, United 

13 States Code, is amended by inserting after section 9361 

14 the following new section: 

15 ‘‘§ 9362. Air Force Academy athletic programs sup16 port 

17 ‘‘(a) ESTABLISHMENT AUTHORIZED.— 

18 ‘‘(1) IN GENERAL.—The Secretary of the Air 

19 Force may, in accordance with the laws of the State 

20 of incorporation, establish a corporation to support 

21 the athletic programs of the Academy (in this sec22 tion referred to as the ‘corporation’). All stock of the 

23 corporation shall be owned by the United States and 

24 held in the name of and voted by the Secretary of 

25 the Air Force. 
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1 ‘‘(2) PURPOSE.—The corporation shall operate 

2 exclusively for charitable, educational, and civic pur3 poses to support the athletic programs of the Acad4 emy. 

5 ‘‘(b) CORPORATE ORGANIZATION.—The corporation 

6 shall be organized and operated— 

7 ‘‘(1) as a nonprofit corporation under section 

8 501(c)(3) of the Internal Revenue Code of 1986; 

9 ‘‘(2) in accordance with this section; and 

10 ‘‘(3) pursuant to the laws of the State of incor11 poration, its articles of incorporation, and its bylaws. 

12 ‘‘(c) CORPORATE BOARD OF DIRECTORS.— 

13 ‘‘(1) COMPENSATION.—The members of the 

14 board of directors shall serve without compensation, 

15 except for reasonable travel and other related ex16 penses for attendance at meetings. 

17 ‘‘(2) AIR FORCE PERSONNEL.—The Secretary 

18 of the Air Force may authorize military and civilian 

19 personnel of the Air Force under section 1033 of 

20 this title to serve, in their official capacities, as 

21 members of the board of directors, but such per22 sonnel shall not hold more than one third of the di23 rectorships. 

24 ‘‘(d) TRANSFER FROM NONAPPROPRIATED FUND

25 OPERATION.—The Secretary of the Air Force may, sub-
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1 ject to the acceptance of the corporation, transfer to the 

2 corporation all title to and ownership of the assets and 

3 liabilities of the Air Force nonappropriated fund instru4 mentality whose functions include providing support for 

5 the athletic programs of the Academy, including bank ac6 counts and financial reserves in its accounts, equipment, 

7 supplies, and other personal property, but excluding any 

8 interest in real property. 

9 ‘‘(e) ACCEPTANCE OF GIFTS.—The Secretary of the 

10 Air Force may accept from the corporation funds, sup11 plies, and services for the support of cadets and Academy 

12 personnel during their participation in, or in support of, 

13 Academy or corporate events related to the Academy ath14 letic programs. 

15 ‘‘(f) LEASING.—The Secretary of the Air Force may, 

16 in accordance with section 2667 of this title, lease real 

17 and personal property to the corporation for purposes re18 lated to the Academy athletic programs. Money rentals re19 ceived from any such lease may be retained and spent by 

20 the Secretary to support athletic programs of the Acad21 emy.’’. 

22 (b) CLERICAL AMENDMENT.—The table of sections 

23 at the beginning of such chapter is amended by inserting 

24 after the item relating to section 9361 the following new 

25 item: 

‘‘9362. Air Force Academy athletic programs support.’’. 
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1 Subtitle D—Defense Dependents’ 

2 Education Matters 

3 SEC. 531. CONTINUATION OF AUTHORITY TO ASSIST LOCAL 

4 EDUCATIONAL AGENCIES THAT BENEFIT DE5 PENDENTS OF MEMBERS OF THE ARMED 

6 FORCES AND DEPARTMENT OF DEFENSE CI7 VILIAN EMPLOYEES. 

8 (a) ASSISTANCE TO SCHOOLS WITH SIGNIFICANT

9 NUMBERS OF MILITARY DEPENDENT STUDENTS.—Of the 

10 amount authorized to be appropriated for fiscal year 2010 

11 pursuant to section 301(a)(5) for operation and mainte12 nance for Defense-wide activities, $30,000,000 shall be 

13 available only for the purpose of providing assistance to 

14 local educational agencies under subsection (a) of section 

15 572 of the National Defense Authorization Act for Fiscal 

16 Year 2006 (Public Law 109–163; 119 Stat. 3271; 20 

17 U.S.C. 7703b). 

18 (b) ASSISTANCE TO SCHOOLS WITH ENROLLMENT

19 CHANGES DUE TO BASE CLOSURES, FORCE STRUCTURE

20 CHANGES, OR FORCE RELOCATIONS.—Of the amount au21 thorized to be appropriated for fiscal year 2010 pursuant 

22 to section 301(5) for operation and maintenance for De23 fense-wide activities, $10,000,000 shall be available only 

24 for the purpose of providing assistance to local educational 
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1 agencies under subsection (b) of such section 572, as 

2 amended by section 533 of this Act. 

3 (c) LOCAL EDUCATIONAL AGENCY DEFINED.—In 

4 this section, the term ‘‘local educational agency’’ has the 

5 meaning given that term in section 8013(9) of the Ele6 mentary and Secondary Education Act of 1965 (20 U.S.C. 

7 7713(9)). 

8 SEC. 532. IMPACT AID FOR CHILDREN WITH SEVERE DIS9 ABILITIES. 

10 Of the amount authorized to be appropriated for fis11 cal year 2010 pursuant to section 301(a)(5) for operation 

12 and maintenance for Defense-wide activities, $5,000,000 

13 shall be available for payments under section 363 of the 

14 Floyd D. Spence National Defense Authorization Act for 

15 Fiscal Year 2001 (as enacted into law by Public Law 106- 

16 398; 114 Stat. 1654A–77; 20 U.S.C. 7703a). 

17 SEC. 533. TWO-YEAR EXTENSION OF AUTHORITY FOR AS18 SISTANCE TO LOCAL EDUCATIONAL AGEN19 CIES WITH ENROLLMENT CHANGES DUE TO 

20 BASE CLOSURES, FORCE STRUCTURE 

21 CHANGES, OR FORCE RELOCATIONS. 

22 Section 572(b)(4) of the National Defense Authoriza23 tion Act for Fiscal Year 2006 (Public Law 109–163; 119 

24 Stat. 3271; 20 U.S.C. 7703b(b)(4)) is amended by strik-
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1 ing ‘‘September 30, 2010’’ and inserting ‘‘September 30, 

2 2012’’. 

3 SEC. 534. PERMANENT AUTHORITY FOR ENROLLMENT IN 

4 DEFENSE DEPENDENTS’ EDUCATION SYSTEM 

5 OF DEPENDENTS OF FOREIGN MILITARY 

6 MEMBERS ASSIGNED TO SUPREME HEAD7 QUARTERS ALLIED POWERS, EUROPE. 

8 (a) PERMANENT AUTHORITY.—Subsection (a)(2) of 

9 section 1404A of the Defense Dependents’ Education Act 

10 of 1978 (20 U.S.C. 923a) is amended by striking ‘‘, and 

11 only through the 2010–2011 school year’’. 

12 (b) COMBATANT COMMANDER ADVICE AND ASSIST13 ANCE.—Subsection (c)(1) of such section is amended by 

14 inserting after ‘‘Secretary’’ the following: ‘‘, with the ad15 vice and assistance of the commander of the geographic 

16 combatant command with jurisdiction over Mons, Bel17 gium,’’. 

18 SEC. 535. STUDY ON OPTIONS FOR EDUCATIONAL OPPOR19 TUNITIES FOR DEPENDENT CHILDREN OF 

20 MEMBERS OF THE ARMED FORCES WHO DO 

21 NOT ATTEND DEPARTMENT OF DEFENSE DE22 PENDENTS SCHOOLS. 

23 (a) STUDY ON OPTIONS FOR EDUCATIONAL OPPOR24 TUNITIES.— 
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1 (1) STUDY REQUIRED.—The Secretary of De2 fense shall, in consultation with the Secretary of 

3 Education, conduct a study on options for edu4 cational opportunities that are, or may be, available 

5 for dependent children of members of the Armed 

6 Forces who do not attend Department of Defense 

7 dependents’ schools when the public elementary and 

8 secondary schools attended by such children are de9 termined to be in need of improvement pursuant to 

10 the No Child Left Behind Act of 2001 (Public Law 

11 110–117). 

12 (2) OPTIONS.—The options to be considered 

13 under the study required by paragraph (1) shall in14 clude the following: 

15 (A) Vouchers. 

16 (B) Education provided by the Department 

17 of Defense through the Internet. 

18 (C) Charter schools. 

19 (D) Such other options as the Secretary of 

20 Defense, in consultation with the Secretary of 

21 Education, considers appropriate for purposes 

22 of the study. 

23 (3) ELEMENTS.—The study required by para24 graph (1) shall address the following matters: 
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1 (A) The challenges faced by parents in 

2 military families in securing quality elementary 

3 and secondary education for their children when 

4 the public elementary and secondary schools at5 tended by their children are identified as being 

6 in need of improvement. 

7 (B) The extent to which perceptions of dif8 fering degrees of quality in public elementary 

9 and secondary schools in different regions of 

10 the United States affect plans of military fami11 lies to relocate, including relocation pursuant to 

12 a permanent change of duty station. 

13 (C) The various reasons why military fami14 lies seek educational opportunities for their chil15 dren other than those available through local 

16 public elementary and secondary schools. 

17 (D) The current level of student achieve18 ment in public elementary and secondary 

19 schools in school districts which have a high 

20 percentage of students who are children of mili21 tary families. 

22 (E) The educational needs of children of 

23 military families who are required by location to 

24 attend public elementary and secondary schools 

25 identified as being in need of improvement. 
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1 (F) The value and impact of a school 

2 voucher or other alternative educational pro3 gram for military families. 

4 (G) The extent to which the options re5 ferred to in paragraph (2) would provide a 

6 meaningful option for education for military 

7 children when the public elementary and sec8 ondary schools attended by such children are 

9 determined to be in need of improvement. 

10 (H) The extent to which the options re11 ferred to in paragraph (2) would improve the 

12 quality of education available for students with 

13 special needs, including students with learning 

14 disabilities and gifted students. 

15 (I) Such other matters as the Secretary of 

16 Defense, in consultation with the Secretary of 

17 Education, considers appropriate for purposes 

18 of the study. 

19 (b) REPORT.—Not later than March 31, 2010, the 

20 Secretary of Defense shall submit to the Committee on 

21 Armed Services of the Senate and the Committee on 

22 Armed Services of the House of Representatives a report 

23 on the study required by subsection (b). The report shall 

24 include the following: 

25 (1) A description of the results of the study. 
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1 (2) Such recommendations for legislative or ad2 ministrative action as the Secretary of Defense con3 siders appropriate in light of the results of the 

4 study. 

5 SEC. 536. SENSE OF SENATE ON THE INTERSTATE COM6 PACT ON EDUCATIONAL OPPORTUNITY FOR 

7 MILITARY CHILDREN. 

8 (a) FINDINGS.—The Senate makes the following 

9 findings: 

10 (1) The incongruity in how States assess and 

11 enroll transfer students creates challenges for the 

12 moving military family and can, in some cases, be 

13 detrimental to the higher education opportunities of 

14 military children. 

15 (2) The inability to transfer credits, maintain 

16 the proper number of school-year hours, missing 

17 exams, and other obstacles can make moving as a 

18 military family difficult. 

19 (3) The average military child moves six to nine 

20 times between kindergarten and high school gradua21 tion, creating a variety of challenges and obstacles 

22 related to permanent change of station moves. 

23 (4) The demands and strains on members of 

24 the Armed Forces and their families continue to in25 crease and will do so for the foreseeable future as 
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1 the United States continues overseas contingency op2 erations, and children and adolescents are acutely 

3 vulnerable to family stresses caused by the high 

4 operational tempo and may therefore be at a height5 ened risk for emotional distress. 

6 (5) The routine of the school environment can 

7 be a source of stability for military children as they 

8 cope with the disruptive challenges caused by the de9 ployment of a parent or a relocation. 

10 (b) SENSE OF SENATE.—It is the sense of the Senate 

11 to— 

12 (1) express strong support and commendation 

13 for Alabama, Alaska, Arizona, Colorado, Con14 necticut, Delaware, Florida, Hawaii, Indiana, Iowa, 

15 Kansas, Kentucky, Maryland, Michigan, Mississippi, 

16 Missouri, Nevada, North Carolina, Oklahoma, 

17 Texas, Virginia, and Washington as States that have 

18 successfully enacted the Interstate Compact on Edu19 cational Opportunity for Military Children; 

20 (2) express its strong support and encourage all 

21 remaining States to enact the Interstate Compact on 

22 Educational Opportunity for Military Children; 

23 (3) recognize the importance of the components 

24 of the Interstate Compact on Educational Oppor25 tunity for Military Children, including— 
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1 (A) the transfer of educational records to 

2 expedite the proper enrollment and placement 

3 of students; 

4 (B) the ability of students to continue 

5 their enrollment at a grade level in the receiving 

6 State commensurate with their grade level from 

7 the sending State; 

8 (C) priority for attendance to children of 

9 members of the Armed Forces assuming the 

10 school district accepts transfer students; 

11 (D) the ability of students to continue 

12 their course placement, including but not lim13 ited to Honors, International Baccalaureate, 

14 Advanced Placement, vocational, technical, and 

15 career pathways courses; 

16 (E) the recalculation of grades to consider 

17 the weights offered by a receiving school for the 

18 same performance in the same course when a 

19 student transfers from one grading system to 

20 another system (for example, number-based sys21 tem to letter-based system); 

22 (F) the waiver of specific courses required 

23 for graduation if similar course work has been 

24 satisfactorily completed in another local edu25 cation agency or the provision of an alternative 
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1 means of acquiring required coursework so that 

2 graduation may occur on time; and 

3 (G) the recognition of an appointed guard4 ian as a custodial parent while the child’s par5 ent or parents are deployed; and 

6 (4) express strong support for States to develop 

7 a State Council to provide for the coordination 

8 among their agencies of government, local education 

9 agencies, and military installations concerning the 

10 participation of a State in the Interstate Compact 

11 on Educational Opportunity for Military Children. 

12 SEC. 537. COMPTROLLER GENERAL AUDIT OF ASSISTANCE 

13 TO LOCAL EDUCATIONAL AGENCIES FOR DE14 PENDENT CHILDREN OF MEMBERS OF THE 

15 ARMED FORCES. 

16 (a) IN GENERAL.—The Comptroller General of the 

17 United States shall conduct an audit of the utilization by 

18 local educational agencies of the assistance specified in 

19 subsection (b) provided to such agencies for fiscal years 

20 2001 through 2009 for the education of dependent chil21 dren of members of the Armed Forces. The audit shall 

22 include— 

23 (1) an evaluation of the utilization of such as24 sistance by such agencies; and 
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1 (2) an assessment of the effectiveness of such 

2 assistance in improving the quality of education pro3 vided to dependent children of members of the 

4 Armed Forces. 

5 (b) ASSISTANCE SPECIFIED.—The assistance speci6 fied in this subsection is— 

7 (1) assistance provided under— 

8 (A) section 572 the National Defense Au9 thorization Act for Fiscal Year 2006 (Public 

10 Law 109–163; 119 Stat. 3271; 20 U.S.C. 

11 7703b); 

12 (B) section 559 of the Ronald W. Reagan 

13 National Defense Authorization Act for Fiscal 

14 Year 2005 (Public Law 108–375; 118 Stat. 

15 1917); 

16 (C) section 536 of the National Defense 

17 Authorization Act for Fiscal Year 2004 (Public 

18 Law 108–136; 117 Stat. 1474); 

19 (D) section 341 of the Bob Stump Na20 tional Defense Authorization Act for Fiscal 

21 Year 2003 (Public Law 107–314; 116 Stat. 

22 2514); 

23 (E) section 351 of the National Defense 

24 Authorization Act for Fiscal Year 2002 (Public 

25 Law 107–107; 115 Stat. 1063); or 
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1 (F) section 362 of the Floyd D. Spence 

2 National Defense Authorization Act for Fiscal 

3 Year 2001 (as enacted into law by Public Law 

4 106–398; 114 Stat. 1654A–76); and 

5 (2) payments made under section 363 of the 

6 Floyd D. Spence National Defense Authorization 

7 Act for Fiscal Year 2001 (as enacted into law by 

8 Public Law 106–398; 114 Stat. 1654A–77; 20 

9 U.S.C. 7703a). 

10 (c) REPORT.—Not later than March 1, 2010, the 

11 Comptroller General shall submit to the congressional de12 fense committees a report containing the results of the 

13 audit required by subsection (a). 

14 SEC. 538. AUTHORITY TO EXTEND ELIGIBILITY FOR EN15 ROLLMENT IN DEPARTMENT OF DEFENSE EL16 EMENTARY AND SECONDARY SCHOOLS TO 

17 CERTAIN ADDITIONAL CATEGORIES OF DE18 PENDENTS. 

19 Section 2164 of title 10, United States Code, is 

20 amended by adding at the end the following new sub21 section: 

22 ‘‘(j) TUITION-FREE ENROLLMENT OF DEPENDENTS

23 OF FOREIGN MILITARY PERSONNEL RESIDING ON DO24 MESTIC MILITARY INSTALLATIONS AND DEPENDENTS OF

25 CERTAIN DECEASED MEMBERS OF THE ARMED
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1 FORCES.—(1) The Secretary may authorize the enroll2 ment in an education program provided by the Secretary 

3 pursuant to subsection (a) of a dependent not otherwise 

4 eligible for such enrollment who is the dependent of an 

5 individual described in paragraph (2). Enrollment of such 

6 a dependent shall be on a tuition-free basis. 

7 ‘‘(2) An individual referred to in paragraph (1) is any 

8 of the following: 

9 ‘‘(A) A member of a foreign armed force resid10 ing on a military installation in the United States 

11 (including territories, commonwealths, and posses12 sions of the United States). 

13 ‘‘(B) A deceased member of the armed forces 

14 who died in the line of duty in a combat-related op15 eration, as designated by the Secretary.’’. 

16 Subtitle E—Military Justice and 

17 Legal Assistance Matters 

18 SEC. 541. INDEPENDENT REVIEW OF JUDGE ADVOCATE RE19 QUIREMENTS OF THE DEPARTMENT OF THE 

20 NAVY. 

21 (a) INDEPENDENT PANEL FOR REVIEW.— 

22 (1) ESTABLISHMENT.—There is hereby estab23 lished an independent panel to review the judge ad24 vocate requirements of the Department of the Navy. 
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1 (2) COMPOSITION.—The panel shall be com2 posed of five members, appointed by the Secretary 

3 of Defense from among private United States citi4 zens who have expertise in law, military manpower 

5 policies, the missions of the Navy and Marine Corps, 

6 and the current responsibilities of Navy and Marine 

7 Corps judge advocates in ensuring competent legal 

8 representation and advice to commanders. 

9 (3) CHAIR.—The chair of the panel shall be ap10 pointed by the Secretary from among the members 

11 of the panel appointed under paragraph (2). 

12 (4) PERIOD OF APPOINTMENT; VACANCIES.— 

13 Members shall be appointed for the life of the panel. 

14 Any vacancy in the panel shall be filled in the same 

15 manner as the original appointment. 

16 (5) MEETINGS.—The panel shall meet at the 

17 call of the chair. 

18 (6) DEADLINE FOR APPOINTMENTS.—All origi19 nal appointments to the panel shall be made not 

20 later than April 1, 2010. 

21 (7) FIRST MEETING.—The chair shall call the 

22 first meeting of the panel not later than June 1, 

23 2010. 

24 (b) DUTIES.— 
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1 (1) IN GENERAL.—The panel established under 

2 subsection (a) shall carry out a study of the policies 

3 and management and organizational practices of the 

4 Navy and Marine Corps with respect to the respon5 sibilities, assignment, and career development of 

6 judge advocates for purposes of determining the 

7 number of judge advocates required to fulfill the 

8 legal mission of the Department of the Navy. 

9 (2) REVIEW.—In carrying out the study re10 quired by paragraph (1), the panel shall— 

11 (A) review the emergent operational law 

12 requirements of the Navy and Marine Corps, 

13 including requirements for judge advocates on 

14 joint task forces, in support of rule of law ob15 jectives in Iraq and Afghanistan, and in oper16 ational units; 

17 (B) review new requirements to support 

18 the Office of Military Commissions and to sup19 port the disability evaluation system for mem20 bers of the Armed Forces; 

21 (C) review the judge advocate requirements 

22 of the Department of the Navy for the military 

23 justice mission, including assignment policies, 

24 training and education, increasing complexity of 

25 court-martial litigation, and the performance of 
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1 the Navy and Marine Corps in providing legally 

2 sufficient post-trial processing of cases in gen3 eral courts-martial and special courts-martial; 

4 (D) review the role of the Judge Advocate 

5 General of the Navy, as the senior uniformed 

6 legal officer of the Department of the Navy, to 

7 determine whether additional authority for the 

8 Judge Advocate General over manpower policies 

9 and assignments of judge advocates in the Navy 

10 and Marine Corps is warranted; 

11 (E) review directives issued by the Navy 

12 and the Marine Corps pertaining to jointly13 shared missions requiring legal support; 

14 (F) review career patterns for Marine 

15 Corps judge advocates in order to identify and 

16 validate assignments to nonlegal billets required 

17 for professional development and promotion; 

18 and 

19 (G) review, evaluate, and assess such other 

20 matters and materials as the panel considers 

21 appropriate for purposes of the study. 

22 (3) UTILIZATION OF OTHER STUDIES.—In car23 rying out the study required by paragraph (1), the 

24 panel may review, and incorporate as appropriate, 

25 the findings of applicable ongoing and completed 
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1 studies in future manpower requirements, including 

2 the two-part study by CNA Analysis and Solutions 

3 entitled ‘‘An Analysis of Navy JAG Corps Future 

4 Manpower Requirements’’. 

5 (4) REPORT.—Not later than 120 days after its 

6 first meeting under subsection (a)(7), the panel shall 

7 submit to the Secretary of Defense and the Commit8 tees on Armed Services of the Senate and the House 

9 of Representatives a report on the study. The report 

10 shall include— 

11 (A) the findings and conclusions of the 

12 panel as a result of the study; and 

13 (B) any recommendations for legislative or 

14 administrative action that the panel considers 

15 appropriate in light of the study. 

16 (c) PERSONNEL MATTERS.— 

17 (1) PAY OF MEMBERS.—(A) Members of the 

18 panel established under subsection (a) shall serve 

19 without pay by reason of their work on the panel. 

20 (B) Section 1342 of title 31, United States 

21 Code, shall not apply to the acceptance of services 

22 of a member of the panel under this section. 

23 (2) TRAVEL EXPENSES.—The members of the 

24 panel shall be allowed travel expenses, including per 

25 diem in lieu of subsistence, at rates authorized for 
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1 employees of agencies under subchapter I of chapter 

2 57 of title 5, United States Code, while away from 

3 their homes or regular places of business in the per4 formance or services for the panel. 

5 Subtitle F—Military Family 

6 Readiness Matters 

7 SEC. 551. ADDITIONAL MEMBERS ON THE DEPARTMENT OF 

8 DEFENSE MILITARY FAMILY READINESS 

9 COUNCIL. 

10 Section 1781a(b)(1) of title 10, United States Code, 

11 is amended— 

12 (1) by redesignating subparagraphs (C) and 

13 (D) as subparagraphs (D) and (E), respectively; 

14 (2) by inserting after subparagraph (B) the fol15 lowing new subparagraph (C): 

16 ‘‘(C) In addition to the representatives ap17 pointed under subparagraph (B)— 

18 ‘‘(i) one representative from the National 

19 Guard, who shall be appointed by the Secretary 

20 of Defense; and 

21 ‘‘(ii) one representative from a reserve 

22 component of the armed forces (other than the 

23 National Guard), who shall be so appointed.’’; 

24 and 
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1 (3) in subparagraph (E), as redesignated by 

2 paragraph (1), by striking ‘‘subparagraph (B)’’ and 

3 inserting ‘‘subparagraphs (B) and (C)’’. 

4 SEC. 552. COMPREHENSIVE PLAN ON PREVENTION, DIAG5 NOSIS, AND TREATMENT OF SUBSTANCE USE 

6 DISORDERS AND DISPOSITION OF SUB7 STANCE ABUSE OFFENDERS IN THE ARMED 

8 FORCES. 

9 (a) REVIEW AND ASSESSMENT OF CURRENT CAPA10 BILITIES.— 

11 (1) IN GENERAL.—Not later than 180 days 

12 after the date of the enactment of this Act, the Sec13 retary of Defense shall, in consultation with the Sec14 retaries of the military departments, conduct a com15 prehensive review of the following: 

16 (A) The programs and activities of the De17 partment of Defense for the prevention, diag18 nosis, and treatment of substance use disorders 

19 in members of the Armed Forces. 

20 (B) The policies of the Department of De21 fense relating to the disposition of substance 

22 abuse offenders in the Armed Forces, including 

23 disciplinary action and administrative separa24 tion. 
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1 (2) ELEMENTS.—The review conducted under 

2 paragraph (1) shall include, but not be limited to, an 

3 assessment of each of the following: 

4 (A) The current state and effectiveness of 

5 the programs of the Department of Defense 

6 and the military departments relating to the 

7 prevention, diagnosis, and treatment of sub8 stance use disorders. 

9 (B) The adequacy of the availability of and 

10 access to care for substance abusers in military 

11 medical treatment facilities and under the 

12 TRICARE program. 

13 (C) The adequacy of oversight by the De14 partment of Defense of programs relating to 

15 the prevention, diagnosis, and treatment of sub16 stance abuse in members of the Armed Forces. 

17 (D) The adequacy and appropriateness of 

18 current credentials and other requirements for 

19 healthcare professionals treating members of 

20 the Armed Forces with substance use disorders. 

21 (E) The advisable ratio of physician and 

22 nonphysician care providers for substance use 

23 disorders to members of the Armed Forces with 

24 such disorders. 
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1 (F) The adequacy and appropriateness of 

2 protocols and directives for the diagnosis and 

3 treatment of substance use disorders in mem4 bers of the Armed Forces and for the disposi5 tion, including disciplinary action and adminis6 trative separation, of members of the Armed 

7 Forces who abuse substances. 

8 (G) The adequacy of the availability of and 

9 access to care for substance use disorders for 

10 members of the reserve components of the 

11 Armed Forces, including an identification of 

12 any obstacles that are unique to the prevention, 

13 diagnosis, and treatment of substance use dis14 orders and the appropriate disposition of sub15 stance abuse offenders (including disciplinary 

16 action and administrative separation) in mem17 bers of the reserve components of the Armed 

18 Forces. 

19 (H) The adequacy of the prevention, diag20 nosis, and treatment of substance use disorders 

21 in family members of members of the Armed 

22 Forces. 

23 (I) Any gaps in the current capabilities of 

24 the Department of Defense for the prevention, 
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1 diagnosis, and treatment of substance use dis2 orders in members of the Armed Forces. 

3 (3) REPORT.—Not later than 180 days after 

4 the date of the enactment of this Act, the Secretary 

5 of Defense shall submit to the Committees on Armed 

6 Services of the Senate and the House of Representa7 tives a report setting forth the findings and rec8 ommendations of the Secretary as a result of the re9 view conducted under paragraph (1). The report 

10 shall— 

11 (A) set forth the findings and rec12 ommendations of the Secretary regarding each 

13 element of the review specified in paragraph 

14 (2); 

15 (B) set forth relevant statistics on the fre16 quency of substance use disorders, disciplinary 

17 actions, and administrative separations for sub18 stance abuse in members of the regular compo19 nents of the Armed Forces, members of the re20 serve component of the Armed Forces, and to 

21 the extent applicable, dependents of such mem22 bers (including spouses and children); and 

23 (C) include such other findings and rec24 ommendations on improvements to the current 

25 capabilities of the Department of Defense for 
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1 the prevention, diagnosis, and treatment of sub2 stance use disorders in members of the Armed 

3 Forces and the policies relating to the disposi4 tion, including disciplinary action and adminis5 trative separation, of members of the Armed 

6 Forces for substance abuse, as the Secretary 

7 considers appropriate. 

8 (b) PLAN FOR IMPROVEMENT AND ENHANCEMENT

9 OF PROGRAMS AND POLICIES.— 

10 (1) PLAN REQUIRED.—Not later than 270 days 

11 after the date of the enactment of this Act, the Sec12 retary of Defense shall submit to the congressional 

13 defense committees a comprehensive plan for the im14 provement and enhancement of the following: 

15 (A) The programs and activities of the De16 partment of Defense for the prevention, diag17 nosis, and treatment of substance use disorders 

18 in members of the Armed Forces and their de19 pendent family members. 

20 (B) The policies of the Department of De21 fense relating to the disposition of substance 

22 abuse offenders in the Armed Forces, including 

23 disciplinary action and administrative separa24 tion. 
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1 (2) BASIS.—The comprehensive plan required 

2 by paragraph (1) shall take into account the fol3 lowing: 

4 (A) The results of the review and assess5 ment conducted under subsection (a). 

6 (B) Similar initiatives of the Secretary of 

7 Veterans Affairs to expand and improve care 

8 for substance use disorders among veterans, in9 cluding the programs and activities conducted 

10 under title I of the Veterans’ Mental Health 

11 and Other Care Improvements Act of 2008 

12 (Public Law 110–387; 112 Stat. 4112). 

13 (3) COMPREHENSIVE STATEMENT OF POLICY.— 

14 The comprehensive plan required by paragraph (1) 

15 shall include a comprehensive statement of the fol16 lowing: 

17 (A) The policy of the Department of De18 fense regarding the prevention, diagnosis, and 

19 treatment of substance use disorders in mem20 bers of the Armed Forces and their dependent 

21 family members. 

22 (B) The policies of the Department of De23 fense relating to the disposition of substance 

24 abuse offenders in the Armed Forces, including 
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1 disciplinary action and administrative separa2 tion. 

3 (4) AVAILABILITY OF SERVICES AND TREAT4 MENT.—The comprehensive plan required by para5 graph (1) shall include mechanisms to ensure the 

6 availability to members of the Armed Forces and 

7 their dependent family members of a core of evi8 dence-based practices across the spectrum of medical 

9 and non-medial services and treatments for sub10 stance use disorders. 

11 (5) PREVENTION AND REDUCTION OF DIS12 ORDERS.—The comprehensive plan required by para13 graph (1) shall include mechanisms to facilitate the 

14 prevention and reduction of substance use disorders 

15 in members of the Armed Forces through science16 based initiatives, including education programs, for 

17 members of the Armed Forces and their families. 

18 (6) SPECIFIC INSTRUCTIONS.—The comprehen19 sive plan required by paragraph (1) shall include 

20 each of the following: 

21 (A) SUBSTANCES OF ABUSE.—Instructions 

22 on the prevention, diagnosis, and treatment of 

23 substance abuse in members of the Armed 

24 Forces, including the abuse of alcohol, illicit 
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1 drugs, and nonmedical use and abuse of pre2 scription drugs. 

3 (B) HEALTHCARE PROFESSIONALS.—In4 structions on— 

5 (i) appropriate training of healthcare 

6 professionals in the prevention, screening, 

7 diagnosis, and treatment of substance use 

8 disorders in members of the Armed Forces; 

9 (ii) appropriate staffing levels for 

10 healthcare professionals at military medical 

11 treatment facilities for the prevention, 

12 screening, diagnosis, and treatment of sub13 stance use disorders in members of the 

14 Armed Forces; and 

15 (iii) such uniform training and 

16 credentialing requirements for physician 

17 and nonphysician healthcare professionals 

18 in the prevention, screening, diagnosis, and 

19 treatment of substance use disorders in 

20 members of the Armed Forces as the Sec21 retary considers appropriate. 

22 (C) SERVICES FOR DEPENDENT FAMILY

23 MEMBERS.—Instructions on the availability of 

24 services for substance use disorders for depend25 ent family members of members of the Armed 
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1 Forces, including instructions on making such 

2 services available to such dependents to the 

3 maximum extent practicable. 

4 (D) RELATIONSHIP BETWEEN DISCIPLI5 NARY ACTION AND TREATMENT.—Policy on the 

6 relationship between disciplinary actions and 

7 administrative separation processing and pre8 vention and treatment of substance use dis9 orders in members of the Armed Forces. 

10 (E) CONFIDENTIALITY.—Recommenda11 tions regarding policies pertaining to confiden12 tiality for members of the Armed Forces in 

13 seeking or receiving services or treatment for 

14 substance use disorders. 

15 (F) PARTICIPATION OF CHAIN OF COM16 MAND.—Policy on appropriate consultation, ref17 erence to, and involvement of the chain of com18 mand of members of the Armed Forces in mat19 ters relating to the diagnosis and treatment of 

20 substance abuse and disposition of military 

21 members who abuse substances. 

22 (G) CONSIDERATION OF GENDER.—In23 structions on gender specific requirements, if 

24 appropriate, in the prevention, diagnosis, treat25 ment, and management of substance use dis-
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1 orders in members of the Armed Forces, includ2 ing gender specific care and treatment require3 ments. 

4 (H) COORDINATION WITH OTHER

5 HEALTHCARE INITIATIVES.—Instructions on the 

6 integration of efforts on the prevention, diag7 nosis, treatment, and management of substance 

8 use disorders in members of the Armed Forces 

9 with efforts to address co-occurring health care 

10 disorders (such as post-traumatic stress dis11 order (PTSD) and depression) and suicide pre12 vention. 

13 (7) OTHER ELEMENTS.—In addition to the 

14 matters specified in paragraph (3), the comprehen15 sive plan required by paragraph (1) shall include the 

16 following: 

17 (A) IMPLEMENTATION PLAN.—An imple18 mentation plan for the achievement of the goals 

19 of the comprehensive plan, including goals re20 lating to the following: 

21 (i) Enhanced education of members of 

22 the Armed Forces and their families re23 garding substance use disorders. 

24 (ii) Enhanced and improved identi25 fication and diagnosis of substance use dis-
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1 orders in members of the Armed Forces 

2 and their families. 

3 (iii) Enhanced and improved access of 

4 members of the Armed Forces to services 

5 and treatment for and management of sub6 stance use disorders. 

7 (iv) Appropriate staffing of military 

8 medical treatment facilities and other fa9 cilities for the treatment of substance use 

10 disorders in members of the Armed Forces. 

11 (B) BEST PRACTICES.—The incorporation 

12 of evidence-based best practices utilized in cur13 rent military and civilian approaches to the pre14 vention, diagnosis, treatment, and management 

15 of substance use disorders. 

16 (C) AVAILABLE RESEARCH.—The incorpo17 ration of applicable results of available studies, 

18 research, and academic reviews on the preven19 tion, diagnosis, treatment, and management of 

20 substance use disorders. 

21 (8) UPDATE IN LIGHT OF INDEPENDENT

22 STUDY.—Upon the completion of the study required 

23 by subsection (c), the Secretary of Defense shall— 

24 (A) in consultation with the Secretaries of 

25 the military departments, make such modifica-
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1 tions and improvements to the comprehensive 

2 plan required by paragraph (1) as the Secretary 

3 of Defense considers appropriate in light of the 

4 findings and recommendations of the study; and 

5 (B) submit to the congressional defense 

6 committees a report setting forth the com7 prehensive plan as modified and improved 

8 under subparagraph (A). 

9 (c) INDEPENDENT REPORT ON SUBSTANCE USE DIS10 ORDERS PROGRAMS FOR MEMBERS OF THE ARMED

11 FORCES.— 

12 (1) STUDY REQUIRED.—Upon completion of the 

13 policy review required by subsection (a), the Sec14 retary of Defense shall provide for a study on sub15 stance use disorders programs for members of the 

16 Armed Forces to be conducted by the Institute of 

17 Medicine of the National Academies of Sciences or 

18 such other independent entity as the Secretary shall 

19 select for purposes of the study. 

20 (2) ELEMENTS.—The study required by para21 graph (1) shall include a review and assessment of 

22 the following: 

23 (A) The adequacy and appropriateness of 

24 protocols for the diagnosis, treatment, and 
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1 management of substance use disorders in 

2 members of the Armed Forces. 

3 (B) The adequacy of the availability of and 

4 access to care for substance use disorders in 

5 military medical treatment facilities and under 

6 the TRICARE program. 

7 (C) The adequacy and appropriateness of 

8 current credentials and other requirements for 

9 physician and non-physician healthcare profes10 sionals treating members of the Armed Forces 

11 with substance use disorders. 

12 (D) The advisable ratio of physician and 

13 non-physician care providers for substance use 

14 disorders to members of the Armed Forces with 

15 such disorders. 

16 (E) The adequacy of the availability of and 

17 access to care for substance use disorders for 

18 members of the reserve components of the 

19 Armed Forces when compared with the avail20 ability of and access to care for substance use 

21 disorders for members of the regular compo22 nents of the Armed Forces. 

23 (F) The adequacy of the prevention, diag24 nosis, treatment, and management of substance 

25 use disorder programs for dependent family 
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1 members of members of the Armed Forces, 

2 whether such family members suffer from their 

3 own substance use disorder or because of the 

4 substance use disorder of a member of the 

5 Armed Forces. 

6 (G) Such other matters as the Secretary 

7 considers appropriate for purposes of the study. 

8 (3) REPORT.—Not later than two years after 

9 the date of the enactment of this Act, the entity con10 ducting the study required by paragraph (1) shall 

11 submit to the Secretary of Defense and the congres12 sional defense committees a report on the results of 

13 the study. The report shall set forth the findings 

14 and recommendations of the entity as a result of the 

15 study. 

16 SEC. 553. MILITARY COMMUNITY SUPPORT FOR CHILDREN 

17 WITH AUTISM AND THEIR FAMILIES. 

18 (a) POLICY ON MILITARY COMMUNITY SUPPORT RE19 QUIRED.—The Secretary of Defense shall develop and im20 plement a policy for the Department of Defense on the 

21 support of military children with autism and their fami22 lies. The policy shall seek to establish and further an inte23 grated, family-centered approach to providing services to 

24 military children with autism and their families by 

25 leveraging the resources of local military communities and 
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1 local and national public and private entities devoted to 

2 research and services for autism. 

3 (b) PROGRAM ON SUPPORT.— 

4 (1) PROGRAM REQUIRED.—In carrying out the 

5 policy required by subsection (a), the Secretary shall 

6 develop and carry out a program on support for 

7 military children with autism and their families. 

8 (2) ELEMENTS.—The program required by this 

9 subsection shall provide for broad-based services, in10 cluding the following: 

11 (A) Research. 

12 (B) Early intervention. 

13 (C) Evidence-based therapeutic and med14 ical services. 

15 (D) Education and training on autism for 

16 family members. 

17 (E) Appropriate coordination with applica18 ble school programs. 

19 (F) Vocational training for adolescent mili20 tary children with autism. 

21 (G) Family counseling for families of mili22 tary children with autism. 

23 (3) PILOT PROJECTS.—In carrying out the pro24 gram required by this subsection, the Secretary shall 

25 conduct one or more pilot projects to assess the ef-
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1 fectiveness of various approaches to developing and 

2 enhancing integrated community support for mili3 tary children with autism, including adolescent mili4 tary children with autism, and their families uti5 lizing the program elements specified in paragraph 

6 (2). 

7 (4) CONSULTATION.—For purposes of carrying 

8 out the requirements of this subsection, the Sec9 retary shall establish a partnership with one or more 

10 entities (whether public or private) that provide serv11 ices or support for, or conduct research on, individ12 uals with autism spectrum disorder and their fami13 lies. 

14 (c) REPORTS.— 

15 (1) INITIAL REPORT.—Not later than 60 days 

16 after the date of the enactment of this Act, the Sec17 retary shall submit to the congressional defense com18 mittees a report setting forth the actions the Sec19 retary proposes to take to carry out this section and 

20 a proposed schedule for the taking of such actions. 

21 (2) PILOT PROJECTS.—Not later than 60 days 

22 after the date of the completion of the pilot project 

23 or projects conducted under subsection (b)(3), the 

24 Secretary shall submit to the congressional defense 

25 committees a report on the pilot project or projects. 
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1 The report shall include a description of the pilot 

2 project or projects, an assessment of the lessons 

3 learned from the pilot project or projects, and a dis4 cussion of the manner in which the lessons so 

5 learned shall be integrated into the policy required 

6 by subsection (a) and the program required by sub7 section (b). 

8 (d) FUNDING.—Of the amount authorized to be ap9 propriated for fiscal year 2010 pursuant to section 

10 301(a)(5) for operation and maintenance, Defense-wide 

11 activities, $5,000,000 may be available to carry out this 

12 section. 

13 (e) MILITARY CHILDREN WITH AUTISM DEFINED.— 

14 In this section, the term ‘‘military children with autism’’ 

15 means dependent children of members of the Armed 

16 Forces with autism spectrum disorder. 

17 SEC. 554. REPORTS ON EFFECTS OF DEPLOYMENTS ON 

18 MILITARY CHILDREN AND THE AVAILABILITY 

19 OF MENTAL HEALTH CARE AND COUNSELING 

20 SERVICES FOR MILITARY CHILDREN. 

21 (a) IMPACT OF DEPLOYMENTS OF MILITARY PAR22 ENTS ON MILITARY CHILDREN.— 

23 (1) IN GENERAL.—The Secretary of Defense 

24 shall undertake a comprehensive assessment of the 

25 impacts of military deployment on dependent chil-
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1 dren of members of the Armed Forces. The assess2 ment shall separately address each of the categories 

3 of such children as follows: 

4 (A) Preschool-age children. 

5 (B) Elementary-school age children. 

6 (C) Teenage or adolescent children. 

7 (2) ELEMENTS.—The assessment undertaken 

8 under paragraph (1) shall include an assessment of 

9 the following: 

10 (A) The impact that separation due to the 

11 deployment of a military parent or parents has 

12 on children. 

13 (B) The impact that multiple deployments 

14 of a military parent or parents have on chil15 dren. 

16 (C) The impact that the return from de17 ployment of a severely wounded or injured mili18 tary parent or parents has on children. 

19 (D) The impact that the death of a mili20 tary parent or parents in connection with a de21 ployment has on children. 

22 (E) The impact that deployment of a mili23 tary parent or parents has on children with pre24 existing psychological conditions, such as anx25 iety and depression. 
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1 (F) The impact that deployment of a mili2 tary parent or parents has on risk factors such 

3 as child abuse, child neglect, family violence, 

4 substance abuse by children, or parental sub5 stance abuse. 

6 (G) Such other matters as the Secretary 

7 considers appropriate. 

8 (3) REPORT.—Not later than one year after the 

9 date of the enactment of this Act, the Secretary 

10 shall submit to the Committees on Armed Services 

11 of the Senate and the House of Representatives a 

12 report on the assessment undertaken under para13 graph (1), including the findings and recommenda14 tions of the Secretary as a result of the assessment. 

15 (b) MENTAL HEALTH CARE AND COUNSELING SERV16 ICES AVAILABLE TO MILITARY CHILDREN.— 

17 (1) IN GENERAL.—The Secretary of Defense 

18 shall conduct a comprehensive review of the mental 

19 health care and counseling services available to de20 pendent children of members of the Armed Forces 

21 through the Department of Defense. 

22 (2) ELEMENTS.—The review under paragraph 

23 (1) shall include an assessment of the following: 

24 (A) The availability, quality, and effective25 ness of Department of Defense programs in-
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1 tended to meet the mental health care needs of 

2 military children. 

3 (B) The availability, quality, and effective4 ness of Department of Defense programs in5 tended to promote resiliency in military children 

6 in coping with deployment cycles, injury, or 

7 death in military parents. 

8 (C) The extent of access to, adequacy, and 

9 availability of mental health care and coun10 seling services for military children in military 

11 medical treatment facilities, in family assistance 

12 centers, through Military OneSource, under the 

13 TRICARE program, and in Department of De14 fense dependents’ schools. 

15 (D) Whether the status of a member of the 

16 Armed Forces on active duty, or in reserve ac17 tive status, affects the access of a military child 

18 to mental health care and counseling services. 

19 (E) Whether, and to what extent, waiting 

20 lists, geographic distance, and other factors 

21 may obstruct the receipt by military children of 

22 mental health care and counseling services. 

23 (F) The extent of access to, availability, 

24 and viability of specialized mental health care 

25 for military children (including adolescents). 
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1 (G) The extent of any gaps in the current 

2 capabilities of the Department of Defense to 

3 provide preventive mental health services for 

4 military children. 

5 (H) Such other matters as the Secretary 

6 considers appropriate. 

7 (3) REPORT.—Not later than one year after the 

8 date of the enactment of this Act, the Secretary 

9 shall submit to the Committees on Armed Services 

10 of the Senate and the House of Representatives a 

11 report on the review conducted under paragraph (1), 

12 including the findings and recommendations of the 

13 Secretary as a result of the review. 

14 (4) COMPREHENSIVE PLAN FOR IMPROVEMENTS

15 IN ACCESS TO CARE AND COUNSELING.—The Sec16 retary shall develop a comprehensive plan for im17 provements in access to quality mental health care 

18 and counseling services for military children in order 

19 to develop and promote psychological health and re20 silience in children of deploying and deployed mem21 bers of the Armed Forces. The information in the 

22 report required by paragraph (3) shall provide the 

23 basis for the development of the plan. 
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1 SEC. 555. REPORT ON CHILD CUSTODY LITIGATION IN2 VOLVING SERVICE OF MEMBERS OF THE 

3 ARMED FORCES. 

4 (a) REPORT REQUIRED.—Not later than June 1, 

5 2010, the Secretary of Defense shall submit to the Com6 mittees on Armed Services of the Senate and the House 

7 of Representatives a report on all known reported cases 

8 since September 2003 involving child custody disputes in 

9 which the service of a member of the Armed Forces, 

10 whether a member of a regular component of the Armed 

11 Forces or a member of a reserve component of the Armed 

12 Forces, was an issue in the custody dispute. 

13 (b) ELEMENTS.—The report required by subsection 

14 (a) shall include the following: 

15 (1) A statement of the total number of cases, 

16 by Armed Force, in which members of the Armed 

17 Forces have lost custody of a child as a result of de18 ployment, or the prospect of deployment, under mili19 tary orders. 

20 (2) A summary of applicable Federal law per21 taining to child custody disputes involving members 

22 of the Armed Forces. 

23 (3) An analysis of the litigation history of all 

24 available reported cases involving child custody dis25 putes in which the deployment of a member of the 

26 Armed Forces was an issue in the dispute, and a 
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1 discussion of the rationale presented by deciding 

2 judges and courts of the reasons for their rulings. 

3 (4) An assessment of the nature and extent of 

4 the problem, if any, for members of the Armed 

5 Forces who are custodial parents in being able to de6 ploy and perform their operational mission while 

7 continuing to fulfill their role as parents with sole or 

8 joint custody of minor children. 

9 (5) A discussion of measures being taken by the 

10 States, or which are under consideration by State 

11 legislatures, to address matters relating to child cus12 tody disputes in which one of the parties is a mem13 ber of the Armed Forces, and an assessment wheth14 er State legislatures and State courts are cognizant 

15 of issues involving members of the Armed Forces 

16 with minor children. 

17 (6) A discussion of Family Care Plan policies 

18 aimed at ensuring that appropriate measures are 

19 taken by members of the Armed Forces to avoid liti20 gation in child custody disputes. 

21 (7) Such recommendations as the Secretary 

22 considers appropriate regarding how best to assist 

23 members of the Armed Forces who are single, custo24 dial parents with respect to child custody disputes in 

25 connection with the performance of military duties, 
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1 including the need for legislative or administrative 

2 action to provide such assistance. 

3 (8) Such other recommendations for legislative 

4 or administrative action as the Secretary considers 

5 appropriate. 

6 SEC. 556. SENSE OF SENATE ON PREPARATION AND CO7 ORDINATION OF FAMILY CARE PLANS. 

8 (a) FINDINGS.—The Senate makes the following 

9 findings: 

10 (1) Family Care Plans provide a military tool 

11 to document the plan by which members of the 

12 Armed Forces provide for the care of their family 

13 members when military duties prevent members of 

14 the Armed Forces from doing so themselves. Prop15 erly prepared Family Care Plans are essential to 

16 military readiness. Minimizing the strain on mem17 bers of the Armed Forces of unresolved, challenged, 

18 or voided child custody arrangements arising during 

19 deployments or temporary duty directly contributes 

20 to the national defense by enabling members of the 

21 Armed Forces to devote their entire energy to their 

22 military mission and duties. 

23 (2) When Family Care Plans are properly pre24 pared and coordinated with all affected parties, the 

25 legal difficulties that may otherwise arise in the ab-
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1 sence of the military custodial parent often can be 

2 minimized, if not eliminated. 

3 (b) SENSE OF SENATE.—It is the sense of the Senate 

4 that— 

5 (1) the responsibility for establishing workable 

6 and legally supportable Family Care Plans lies with 

7 the members of the Armed Forces; 

8 (2) notwithstanding that responsibility, com9 manders should— 

10 (A) ensure that the members of their com11 mand fully understand the purpose of the Fam12 ily Care Plan and its limitations, including the 

13 overriding authority of State courts to deter14 mine child custody arrangements notwith15 standing a Family Care Plan; 

16 (B) understand and emphasize to their 

17 members that failure to involve, or at least in18 form, the non-custodial parent of custody ar19 rangements in anticipation of an absence can 

20 undermine the Family Care Plan or even render 

21 it useless, in such cases; and 

22 (C) apprise their members of the risks de23 scribed in subparagraph (B), and strongly en24 courage them to seek legal assistance, as far in 

25 advance of actual absences as practicable; 
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1 (3) the Secretary of Defense, and the Secretary 

2 of Homeland Security with respect to matters con3 cerning the Coast Guard when it is not operating as 

4 a service in the Navy, should ensure that members 

5 of the Armed Forces update their Family Care 

6 Plans and emphasize— 

7 (A) the importance of prior planning; 

8 (B) that Family Care Plans are necessary 

9 not only for the single parent and for the dual 

10 military couple but also for a married member 

11 of the Armed Forces who has custody of a child 

12 pursuant to a court order or separation agree13 ment or who has custody of a child whose other 

14 parent is not the current spouse of the member; 

15 (C) that in spite of how important Family 

16 Care Plans are to readiness, they are not legal 

17 documents that can change a court-mandated 

18 custodial arrangement or interfere with the 

19 other parent’s right to custody of his or her 

20 child; 

21 (D) that, to the greatest extent possible, a 

22 member of the Armed Forces should inform the 

23 other parent of the member’s impending ab24 sence due to military orders if such absence 

25 prohibits the member from fulfilling the mem-
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1 ber’s custody responsibilities and inform that 

2 other parent of the Family Care Plan; 

3 (E) that a member of the Armed Forces 

4 should attempt to obtain the consent of the 

5 non-custodial or adoptive parent to any Family 

6 Care Plan that would leave the child in the care 

7 of a third party; and 

8 (F) that if a member of the Armed Forces 

9 cannot or will not contact the non-custodial 

10 parent or cannot obtain that parent’s consent 

11 to the Family Care Plan, the commander of the 

12 member should— 

13 (i) counsel the member about the im14 plications; and 

15 (ii) encourage in the strongest pos16 sible terms that the member seek imme17 diate help from a legal assistance attorney 

18 or other qualified legal counsel; and 

19 (4) attorneys providing legal assistance as de20 scribed in paragraph (3)(F)(ii) should provide mem21 bers of the Armed Forces a full explanation of the 

22 dangers of not involving the non-custodial parent 

23 and discuss appropriate courses of action. 
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1 SEC. 557. EXPANSION OF SUICIDE PREVENTION AND COM2 MUNITY HEALING AND RESPONSE TRAINING 

3 UNDER THE YELLOW RIBBON REINTEGRA4 TION PROGRAM. 

5 Section 582 of the National Defense Authorization 

6 Act for Fiscal Year 2008 (Public Law 110–181; 10 U.S.C. 

7 10101 note) is amended— 

8 (1) in subsection (h)— 

9 (A) by striking paragraph (3); and 

10 (B) by redesignating paragraphs (4) 

11 through (15) as paragraphs (3) through (14), 

12 respectively; and 

13 (2) by adding at the end the following new sub14 section: 

15 ‘‘(i) SUICIDE PREVENTION AND COMMUNITY HEAL16 ING AND RESPONSE PROGRAM.— 

17 ‘‘(1) ESTABLISHMENT.—As part of the Yellow 

18 Ribbon Reintegration Program, the Office for Re19 integration Programs shall establish a program to 

20 provide National Guard and Reserve members and 

21 their families, and in coordination with community 

22 programs, assist the communities, with training in 

23 suicide prevention and community healing and re24 sponse to suicide. 
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1 ‘‘(2) DESIGN.—In establishing the program 

2 under paragraph (1), the Office for Reintegration 

3 Programs shall consult with— 

4 ‘‘(A) persons that have experience and ex5 pertise with combining military and civilian 

6 intervention strategies that reduce risk and pro7 mote healing after a suicide attempt or suicide 

8 death for National Guard and Reserve mem9 bers; and 

10 ‘‘(B) the adjutant general of each State, 

11 the Commonwealth of Puerto Rico, the District 

12 of Columbia, Guam, and the Virgin Islands. 

13 ‘‘(3) OPERATION.— 

14 ‘‘(A) SUICIDE PREVENTION TRAINING.— 

15 The Office for Reintegration Programs shall 

16 provide National Guard and Reserve members 

17 with training in suicide prevention. Such train18 ing shall include— 

19 ‘‘(i) describing the warning signs for 

20 suicide and teaching effective strategies for 

21 prevention and intervention; 

22 ‘‘(ii) examining the influence of mili23 tary culture on risk and protective factors 

24 for suicide; and 
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1 ‘‘(iii) engaging in interactive case sce2 narios and role plays to practice effective 

3 intervention strategies. 

4 ‘‘(B) COMMUNITY HEALING AND RE5 SPONSE TRAINING.—The Office for Reintegra6 tion Programs shall provide the families and 

7 communities of National Guard and Reserve 

8 members with training in responses to suicide 

9 that promote individual and community healing. 

10 Such training shall include— 

11 ‘‘(i) enhancing collaboration among 

12 community members and local service pro13 viders to create an integrated, coordinated 

14 community response to suicide; 

15 ‘‘(ii) communicating best practices for 

16 preventing suicide, including safe mes17 saging, appropriate memorial services, and 

18 media guidelines; 

19 ‘‘(iii) addressing the impact of suicide 

20 on the military and the larger community, 

21 and the increased risk that can result; and 

22 ‘‘(iv) managing resources to assist key 

23 community and military service providers 

24 in helping the families, friends, and fellow 
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1 soldiers of a suicide victim through the 

2 processes of grieving and healing. 

3 ‘‘(C) COLLABORATION WITH CENTERS OF

4 EXCELLENCE.—The Office for Reintegration 

5 Programs, in consultation with the Defense 

6 Centers of Excellence for Psychological Health 

7 and Traumatic Brain Injury, shall collect and 

8 analyze ‘lessons learned’ and suggestions from 

9 State National Guard and Reserve organiza10 tions with existing or developing suicide preven11 tion and community response programs. 

12 ‘‘(4) TERMINATION.—The program established 

13 under this subsection shall terminate on October 1, 

14 2012.’’. 

15 SEC. 558. REPORT ON YELLOW RIBBON REINTEGRATION 

16 PROGRAM. 

17 (a) REPORT REQUIRED.—Not later than 180 days 

18 after the date of the enactment of this Act, the Secretary 

19 of Defense shall submit to the congressional defense com20 mittees a report on the various reintegration programs 

21 being administered in support of National Guard and Re22 serve members and their families. 

23 (b) ELEMENTS.—The report required by subsection 

24 (a) shall include the following: 
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1 (1) An evaluation of the initial implementation 

2 of the Yellow Ribbon Reintegration Program in fis3 cal year 2009, including an assessment of the best 

4 practices from pilot programs offered by various 

5 States to provide supplemental services to Yellow 

6 Ribbon and the feasibility of incorporating those 

7 practices into Yellow Ribbon. 

8 (2) An assessment of the extent to which Yellow 

9 Ribbon funding, although requested in multiple com10 ponent accounts, supports robust joint programs 

11 that provide reintegration and support services to 

12 National Guard and Reserve members and their 

13 families regardless of military affiliation. 

14 (3) An assessment of the extent to which Yellow 

15 Ribbon programs are coordinating closely with the 

16 Department of Veterans Affairs and its various vet17 erans’ programs. 

18 (4) Plans for further implementation of the Yel19 low Ribbon Reintegration Program in fiscal year 

20 2010. 
200 

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1 SEC. 559. IMPROVED ACCESS TO MENTAL HEALTH CARE 

2 FOR FAMILY MEMBERS OF MEMBERS OF THE 

3 NATIONAL GUARD AND RESERVE WHO ARE 

4 DEPLOYED OVERSEAS. 

5 (a) INITIATIVE TO INCREASE ACCESS TO MENTAL

6 HEALTH CARE.— 

7 (1) IN GENERAL.—The Secretary of Defense 

8 shall develop and implement a plan to expand exist9 ing initiatives of the Department of Defense to in10 crease access to mental health care for family mem11 bers of members of the National Guard and Reserve 

12 deployed overseas during the periods of mobilization, 

13 deployment, and demobilization of such members of 

14 the National Guard and Reserve. 

15 (2) ELEMENTS.—The plan required by para16 graph (1) shall include the following: 

17 (A) Programs and activities to educate 

18 family members of members of the National 

19 Guard and Reserve who are deployed overseas 

20 on potential mental health challenges connected 

21 with such deployment. 

22 (B) Programs and activities to provide 

23 such family members with complete information 

24 on all mental health resources available to such 

25 family members through the Department of De26 fense and otherwise. 
201 

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1 (C) Efforts to expand counseling activities 

2 for such family members in local communities. 

3 (b) REPORTS.— 

4 (1) IN GENERAL.—Not later than 180 days 

5 after the date of the enactment of this Act, and at 

6 such times thereafter as the Secretary of Defense 

7 considers appropriate, the Secretary of Defense shall 

8 submit to the Committees on Armed Services of the 

9 Senate and the House of Representatives a report on 

10 this section. 

11 (2) ELEMENTS.—Each report shall include the 

12 following: 

13 (A) A current assessment of the extent to 

14 which family members of members of the Na15 tional Guard and Reserve who are deployed 

16 overseas have access to, and are utilizing, men17 tal health care available under this section. 

18 (B) A current assessment of the quality of 

19 mental health care being provided to family 

20 members of members of the National Guard 

21 and Reserve who are deployed overseas, and an 

22 assessment of expanding coverage for mental 

23 health care services under the TRICARE pro24 gram to mental health care services provided at 
202 

†S 1391 ES

1 facilities currently outside the network of the 

2 TRICARE program. 

3 (C) Such recommendations for legislative 

4 or administration action as the Secretary con5 siders appropriate in order to further assure 

6 full access to mental health care by family 

7 members of members of the National Guard 

8 and Reserve who are deployed overseas during 

9 the mobilization, deployment, and demobiliza10 tion of such members of the National Guard 

11 and Reserve. 

12 SEC. 560. FULL ACCESS TO MENTAL HEALTH CARE FOR 

13 FAMILY MEMBERS OF MEMBERS OF THE NA14 TIONAL GUARD AND RESERVE WHO ARE DE15 PLOYED OVERSEAS. 

16 (a) EXPANDED INITIATIVE TO INCREASE ACCESS TO

17 MENTAL HEALTH CARE.— 

18 (1) IN GENERAL.—The Secretary of Defense 

19 shall expand existing Department of Defense initia20 tives to increase access to mental health care for 

21 family members of members of the National Guard 

22 and Reserve deployed overseas during the periods of 

23 mobilization, deployment, and demobilization of such 

24 members of the National Guard and Reserve. 
203 

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1 (2) ELEMENTS.—The expanded initiatives, 

2 which shall build upon and be consistent with ongo3 ing efforts, shall include the following: 

4 (A) Programs and activities to educate the 

5 family members of members of the National 

6 Guard and Reserve who are deployed overseas 

7 on potential mental health challenges connected 

8 with such deployment. 

9 (B) Programs and activities to provide 

10 such family members with complete information 

11 on all mental health resources available to such 

12 family members through the Department of De13 fense and otherwise. 

14 (C) Guidelines for mental health counselors 

15 at military installations in communities with 

16 large numbers of mobilized members of the Na17 tional Guard and Reserve to expand the reach 

18 of their counseling activities to include families 

19 of such members in such communities. 

20 (b) REPORTS.— 

21 (1) IN GENERAL.—Not later than 180 days 

22 after the date of the enactment of this Act, and at 

23 such times as the Secretary deems appropriate 

24 thereafter, the Secretary of Defense shall submit to 

25 the Committees on Armed Services of the Senate 
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1 and the House of Representatives a report on this 

2 section. 

3 (2) ELEMENTS.—Each report shall include the 

4 following: 

5 (A) A current assessment of the extent to 

6 which family members of members of the Na7 tional Guard and Reserve who are deployed 

8 overseas have access to, and are utilizing, men9 tal health care available under this section. 

10 (B) A current assessment of the quality of 

11 mental health care being provided to family 

12 members of members of the National Guard 

13 and Reserve who are deployed overseas, and an 

14 assessment of expanding coverage for mental 

15 health care services under the TRICARE pro16 gram to mental health care services provided at 

17 facilities currently outside the accredited net18 work of the TRICARE program. 

19 (C) Such recommendations for legislative 

20 or administration action as the Secretary con21 siders appropriate in order to further assure 

22 full access to mental health care by family 

23 members of members of the National Guard 

24 and Reserve who are deployed overseas during 

25 the mobilization, deployment, and demobiliza-
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1 tion of such members of the National Guard 

2 and Reserve. 

3 SEC. 561. COMPTROLLER GENERAL REPORT ON CHILD 

4 CARE ASSISTANCE FOR DEPLOYED MEMBERS 

5 OF THE RESERVE COMPONENTS OF THE 

6 ARMED FORCES. 

7 (a) IN GENERAL.—Not later than 18 months after 

8 the date of the enactment of this Act, the Comptroller 

9 General of the United States shall submit to the Commit10 tees on Armed Services of the Senate and the House of 

11 Representative a report on financial assistance for child 

12 care provided by the Department of Defense, including 

13 through the Operation: Military Child Care and Military 

14 Child Care in Your Neighborhood programs, to members 

15 of the reserve components of the Armed Forces who are 

16 deployed in connection with a contingency operation. 

17 (b) ELEMENTS.—The report required by subsection 

18 (a) shall include an assessment of the following: 

19 (1) The types of financial assistance for child 

20 care made available by the Department of Defense 

21 to members of the reserve components of the Armed 

22 Forces who are deployed in connection with a con23 tingency operation. 
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1 (2) The extent to which such members have 

2 taken advantage of such assistance since such assist3 ance was first made available. 

4 (3) The formulas used for calculating the 

5 amount of such assistance provided to such mem6 bers. 

7 (4) The funding allocated to such assistance. 

8 (5) The remaining costs of child care to families 

9 of such members that are not covered by the De10 partment of Defense. 

11 (6) Any barriers to access to such assistance 

12 faced by such members and the families of such 

13 members. 

14 (7) The different criteria used by different 

15 States with respect to the regulation of child care 

16 services and the potential impact differences in such 

17 criteria may have on the access of such members to 

18 such assistance. 

19 (8) The different standards and criteria used by 

20 different programs of the Department of Defense for 

21 providing such assistance with respect to child care 

22 providers and the potential impact differences in 

23 such standards and criteria may have on the access 

24 of such members to such assistance. 
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1 (9) Any other matters the Comptroller General 

2 determines relevant to the improvement of financial 

3 assistance for child care made available by the De4 partment of Defense to members of the reserve com5 ponents of the Armed Forces who are deployed in 

6 connection with a contingency operation. 

7 Subtitle G—Other Matters 

8 SEC. 571. DEADLINE FOR REPORT ON SEXUAL ASSAULT IN 

9 THE ARMED FORCES BY DEFENSE TASK 

10 FORCE ON SEXUAL ASSAULT IN THE MILI11 TARY SERVICES. 

12 Section 576(e)(1) of the Ronald W. Reagan National 

13 Defense Authorization Act for Fiscal Year 2005 (Public 

14 Law 108–375; 118 Stat. 1924; 10 U.S.C. 4331 note) is 

15 amended by striking ‘‘one year after the initiation of its 

16 examination under subsection (b)’’ and inserting ‘‘Decem17 ber 1, 2009’’. 

18 SEC. 572. CLARIFICATION OF PERFORMANCE POLICIES 

19 FOR MILITARY MUSICAL UNITS AND MUSI20 CIANS. 

21 (a) CLARIFICATION.—Section 974 of title 10, United 

22 States Code, is amended to read as follows: 
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1 ‘‘§ 974. Military musical units and musicians: per2 formance policies; restriction on perform3 ance in competition with local civilian 

4 musicians 

5 ‘‘(a) MILITARY MUSICIANS PERFORMING IN AN OF6 FICIAL CAPACITY.—(1) A military musical unit, and a 

7 member of the armed forces who is a member of such a 

8 unit performing in an official capacity, may not engage 

9 in the performance of music in competition with local civil10 ian musicians. 

11 ‘‘(2) For purposes of paragraph (1), the following 

12 shall, except as provided in paragraph (3), be included 

13 among the performances that are considered to be a per14 formance of music in competition with local civilian musi15 cians: 

16 ‘‘(A) A performance that is more than inci17 dental to an event that— 

18 ‘‘(i) is not supported, in whole or in part, 

19 by United States Government funds; and 

20 ‘‘(ii) is not free to the public. 

21 ‘‘(B) A performance of background, dinner, 

22 dance, or other social music at an event that— 

23 ‘‘(i) is not supported, in whole or in part, 

24 by United States Government funds; and 

25 ‘‘(ii) is held at a location not on a military 

26 installation. 
209 

†S 1391 ES

1 ‘‘(3) For purposes of paragraph (1), the following 

2 shall not be considered to be a performance of music in 

3 competition with local civilian musicians: 

4 ‘‘(A) A performance (including background, 

5 dinner, dance, or other social music) at an official 

6 United States Government event that is supported, 

7 in whole or in part, by United States Government 

8 funds. 

9 ‘‘(B) A performance at a concert, parade, or 

10 other event, that— 

11 ‘‘(i) is a patriotic event or a celebration of 

12 a national holiday; and 

13 ‘‘(ii) is free to the public. 

14 ‘‘(C) A performance that is incidental to an 

15 event that— 

16 ‘‘(i) is not supported, in whole or in part, 

17 by United States Government funds; or 

18 ‘‘(ii) is not free to the public. 

19 ‘‘(D) A performance (including background, 

20 dinner, dance, or other social music) at— 

21 ‘‘(i) an event that is sponsored by or for a 

22 military welfare society, as defined in section 

23 2566 of this title; 

24 ‘‘(ii) an event that is a traditional military 

25 event intended to foster the morale and welfare 
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1 of members of the armed forces and their fami2 lies; or 

3 ‘‘(iii) an event that is specifically for the 

4 benefit or recognition of members of the armed 

5 forces, their family members, veterans, civilian 

6 employees of the Department of Defense, or 

7 former civilian employees of the Department of 

8 Defense, to the extent provided in regulations 

9 prescribed by the Secretary of Defense. 

10 ‘‘(E) A performance (including background, 

11 dinner, dance, or other social music)— 

12 ‘‘(i) to uphold the standing and prestige of 

13 the United States with dignitaries and distin14 guished or prominent persons or groups of the 

15 United States or another nation; or 

16 ‘‘(ii) in support of fostering and sustaining 

17 a cooperative relationship with another nation. 

18 ‘‘(b) PROHIBITION OF MILITARY MUSICIANS AC19 CEPTING ADDITIONAL REMUNERATION FOR OFFICIAL

20 PERFORMANCES.—A military musical unit, and a member 

21 of the armed forces who is a member of such a unit per22 forming in an official capacity, may not receive remunera23 tion for an official performance, other than applicable mili24 tary pay and allowances. 
211 

†S 1391 ES

1 ‘‘(c) RECORDINGS.—(1) When authorized under reg2 ulations prescribed by the Secretary of Defense for pur3 poses of this section, a military musical unit may produce 

4 recordings for distribution to the public, at a cost not to 

5 exceed expenses of production and distribution. 

6 ‘‘(2) Amounts received in payment for a recording 

7 distributed to the public under this subsection shall be 

8 credited to the appropriation or account providing the 

9 funds for the production of the recording. Any amount so 

10 credited shall be merged with amounts in the appropria11 tion or account to which credited, and shall be available 

12 for the same purposes, and subject to the same conditions 

13 and limitations, as amounts in such appropriation or ac14 count. 

15 ‘‘(d) PERFORMANCES AT FOREIGN LOCATIONS.— 

16 Subsection (a) does not apply to a performance outside 

17 the United States, its commonwealths, or its possessions. 

18 ‘‘(e) MILITARY MUSICAL UNIT DEFINED.—In this 

19 section, the term ‘military musical unit’ means a band, 

20 ensemble, chorus, or similar musical unit of the armed 

21 forces.’’. 

22 (b) CLERICAL AMENDMENT.—The item relating to 

23 such section in the table of sections at the beginning of 

24 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.’’. 
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1 SEC. 573. GUARANTEE OF RESIDENCY FOR SPOUSES OF 

2 MILITARY PERSONNEL FOR VOTING PUR3 POSES. 

4 (a) IN GENERAL.—Section 705 of the 

5 Servicemembers Civil Relief Act (50 U.S.C. App. 595) is 

6 amended— 

7 (1) by striking ‘‘For’’ and inserting the fol8 lowing: 

9 ‘‘(a) IN GENERAL.—For’’; 

10 (2) by adding at the end the following new sub11 section: 

12 ‘‘(b) SPOUSES.—For the purposes of voting for any 

13 Federal office (as defined in section 301 of the Federal 

14 Election Campaign Act of 1971 (2 U.S.C. 431)) or a State 

15 or local office, a person who is absent from a State be16 cause the person is accompanying the person’s spouse who 

17 is absent from that same State in compliance with military 

18 or naval orders shall not, solely by reason of that ab19 sence— 

20 ‘‘(1) be deemed to have lost a residence or 

21 domicile in that State, without regard to whether or 

22 not the person intends to return to that State; 

23 ‘‘(2) be deemed to have acquired a residence or 

24 domicile in any other State; or 

25 ‘‘(3) be deemed to have become a resident in or 

26 a resident of any other State.’’; and 
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†S 1391 ES

1 (3) in the section heading, by inserting ‘‘AND

2 SPOUSES OF MILITARY PERSONNEL’’ before the 

3 period at the end. 

4 (b) CLERICAL AMENDMENT.—The table of contents 

5 in section 1(b) of such Act (50 U.S.C. App. 501) is 

6 amended by striking the item relating to section 705 and 

7 inserting the following new item: 

‘‘Sec. 705. Guarantee of residency for military personnel and spouses of military personnel.’’. 

8 (c) APPLICATION.—Subsection (b) of section 705 of 

9 such Act (50 U.S.C. App. 595), as added by subsection 

10 (a) of this section, shall apply with respect to absences 

11 from States described in such subsection (b) on or after 

12 the date of the enactment of this Act, regardless of the 

13 date of the military or naval order concerned. 

14 SEC. 574. DETERMINATION FOR TAX PURPOSES OF RESI15 DENCE OF SPOUSES OF MILITARY PER16 SONNEL. 

17 (a) IN GENERAL.—Section 511 of the 

18 Servicemembers Civil Relief Act (50 U.S.C. App. 571) is 

19 amended— 

20 (1) in subsection (a)— 

21 (A) by striking ‘‘A servicemember’’ and in22 serting the following: 

23 ‘‘(1) IN GENERAL.—A servicemember’’; and 

24 (B) by adding at the end the following: 
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†S 1391 ES

1 ‘‘(2) SPOUSES.—A spouse of a servicemember 

2 shall neither lose nor acquire a residence or domicile 

3 for purposes of taxation with respect to the person, 

4 personal property, or income of the spouse by reason 

5 of being absent or present in any tax jurisdiction of 

6 the United States solely to be with the servicemem7 ber in compliance with the servicemember’s military 

8 orders if the residence or domicile, as the case may 

9 be, is the same for the servicemember and the 

10 spouse.’’; 

11 (2) by redesignating subsections (c), (d), (e), 

12 and (f) as subsections (d), (e), (f), and (g), respec13 tively; 

14 (3) by inserting after subsection (b) the fol15 lowing new subsection: 

16 ‘‘(c) INCOME OF A MILITARY SPOUSE.—Income for 

17 services performed by the spouse of a servicemember shall 

18 not be deemed to be income for services performed or from 

19 sources within a tax jurisdiction of the United States if 

20 the spouse is not a resident or domiciliary of the jurisdic21 tion in which the income is earned because the spouse is 

22 in the jurisdiction solely to be with the servicemember 

23 serving in compliance with military orders.’’; and 

24 (4) in subsection (d), as redesignated by para25 graph (2)— 
215 

†S 1391 ES

1 (A) in paragraph (1), by inserting ‘‘or the 

2 spouse of a servicemember’’ after ‘‘The personal 

3 property of a servicemember’’; and 

4 (B) in paragraph (2), by inserting ‘‘or the 

5 spouse’s’’ after ‘‘servicemember’s’’. 

6 (b) APPLICATION.—Subsections (a)(2) and (c) of sec7 tion 511 of such Act (50 U.S.C. App. 571), as added by 

8 subsection (a) of this section, and the amendments made 

9 to such section 511 by subsection (a)(4) of this section, 

10 shall apply with respect to any return of State or local 

11 income tax filed for any taxable year beginning with the 

12 taxable year that includes the date of the enactment of 

13 this Act. 

14 SEC. 575. SUSPENSION OF LAND RIGHTS RESIDENCY RE15 QUIREMENT FOR SPOUSES OF MILITARY 

16 PERSONNEL. 

17 (a) IN GENERAL.—Section 508 of the 

18 Servicemembers Civil Relief Act (50 U.S.C. App. 568) is 

19 amended in subsection (b) by inserting ‘‘or the spouse of 

20 such servicemember’’ after ‘‘a servicemember in military 

21 service’’. 

22 (b) APPLICATION.—The amendment made by sub23 section (a) shall apply with respect to servicemembers in 

24 military service (as defined in section 101 of such Act (50 
216 

†S 1391 ES

1 U.S.C. App. 511)) on or after the date of the enactment 

2 of this Act. 

3 SEC. 576. MODIFICATION OF DEPARTMENT OF DEFENSE 

4 SHARE OF EXPENSES UNDER NATIONAL 

5 GUARD YOUTH CHALLENGE PROGRAM. 

6 (a) MODIFICATION.—Section 509(d)(1) of title 32, 

7 United States Code, is amended by striking ‘‘may not ex8 ceed’’ and all that follows and inserting ‘‘may not exceed 

9 the amount as follows: 

10 ‘‘(A) In the case of a State program of the Pro11 gram in either of its first two years of operation, an 

12 amount equal to 100 percent of the costs of oper13 ating the State program in that fiscal year. 

14 ‘‘(B) In the case of any other State program of 

15 the Program, an amount equal to 75 percent of the 

16 costs of operating the State program in that fiscal 

17 year.’’. 

18 (b) EFFECTIVE DATE.—The amendment made by 

19 subsection (a) shall take effect on October 1, 2009, and 

20 shall apply with respect to fiscal years beginning on or 

21 after that date. 
217 

†S 1391 ES

1 SEC. 577. PROVISION TO MEMBERS OF THE ARMED FORCES 

2 AND THEIR FAMILIES OF COMPREHENSIVE 

3 INFORMATION ON BENEFITS FOR MEMBERS 

4 OF THE ARMED FORCES AND THEIR FAMI5 LIES. 

6 (a) PROVISION OF COMPREHENSIVE INFORMATION

7 REQUIRED.—The Secretary of the military department 

8 concerned shall, at each time specified in subsection (b), 

9 provide to each member of the Armed Forces and, when 

10 practicable, the family members of such member com11 prehensive information on the benefits available to such 

12 member and family members as described in subsection 

13 (c), including the estimated monetary amount of such ben14 efits and of any applicable offsets to such benefits. 

15 (b) TIMES FOR PROVISION OF INFORMATION.—Com16 prehensive information on benefits shall be provided a 

17 member of the Armed Forces and family members at each 

18 time as follows: 

19 (1) Within 180 days of the enlistment, acces20 sion, or commissioning of the member as a member 

21 of the Armed Forces. 

22 (2) Within 180 days of a determination that the 

23 member— 

24 (A) has incurred a service-connected dis25 ability; and 
218 

†S 1391 ES

1 (B) is unfit to perform the duties of the 

2 member’s office, grade, rank, or rating because 

3 of such disability. 

4 (3) Upon the discharge, separation, retirement, 

5 or release of the member from the Armed Forces. 

6 (c) COVERED BENEFITS.—The benefits on which a 

7 member of the Armed Forces and family members shall 

8 be provided comprehensive information under this section 

9 shall be as follows: 

10 (1) At all the times described in subsection (b), 

11 the benefits shall include the following: 

12 (A) Financial compensation, including fi13 nancial counseling. 

14 (B) Health care and life insurance pro15 grams for members of the Armed Forces and 

16 their families. 

17 (C) Death benefits. 

18 (D) Entitlements and survivor benefits for 

19 dependents of the Armed Forces, including off20 sets in the receipt of such benefits under the 

21 Survivor Benefit Plan and in connection with 

22 the receipt of dependency and indemnity com23 pensation. 
219 

†S 1391 ES

1 (E) Educational assistance benefits, in2 cluding limitations on and the transferability of 

3 such assistance. 

4 (F) Housing assistance benefits, including 

5 counseling. 

6 (G) Relocation planning and preparation. 

7 (H) Such other benefits as the Secretary 

8 concerned considers appropriate. 

9 (2) At the time described in paragraph (1) of 

10 such subsection, the benefits shall include the fol11 lowing: 

12 (A) Maintaining military records. 

13 (B) Legal assistance. 

14 (C) Quality of life programs. 

15 (D) Family and community programs. 

16 (E) Such other benefits as the Secretary 

17 concerned considers appropriate. 

18 (3) At the times described in paragraphs (2) 

19 and (3) of such subsection, the benefits shall include 

20 the following: 

21 (A) Employment assistance. 

22 (B) Continuing Reserve Component serv23 ice. 

24 (C) Disability benefits, including offsets in 

25 connection with the receipt of such benefits. 
220 

†S 1391 ES

1 (D) Benefits and services provided under 

2 laws administered by the Secretary of Veterans 

3 Affairs. 

4 (E) Such other benefits as the Secretary 

5 concerned considers appropriate. 

6 (d) BIENNIAL NOTICE TO MEMBERS OF THE ARMED

7 FORCES ON THE VALUE OF PAY AND BENEFITS.— 

8 (1) BIENNIAL NOTICE REQUIRED.—The Sec9 retary of each military department shall provide to 

10 each member of the Armed Forces under the juris11 diction of such Secretary on a biennial basis notice 

12 on the value of the pay and benefits paid or provided 

13 to such member by law during the preceding year. 

14 The notice may be provided in writing or electroni15 cally, at the election of the Secretary. 

16 (2) ELEMENTS.—Each notice provided a mem17 ber under paragraph (1) shall include the following: 

18 (A) A statement of the estimated value of 

19 the military health care, retirement benefits, 

20 disability benefits, commissary and exchange 

21 privileges, government-provided housing, tax 

22 benefits associated with service in the Armed 

23 Forces, and special pays paid or provided the 

24 member during the preceding 24 months. 
221 

†S 1391 ES

1 (B) A notice regarding the death and sur2 vivor benefits, including Servicemembers’ Group 

3 Life Insurance, to which the family of the mem4 ber would be entitled in the event of the death 

5 of the member, and a description of any offsets 

6 that might be applicable to such benefits. 

7 (C) Information on other programs avail8 able to members of the Armed Forces generally, 

9 such as access to morale, welfare, and recre10 ation (MWR) facilities, child care, and edu11 cation tuition assistance, and the estimated 

12 value, if ascertainable, of the availability of 

13 such programs in the area where the member is 

14 stationed or resides. 

15 (e) OTHER OUTREACH.— 

16 (1) IN GENERAL.—The Secretaries of the mili17 tary departments shall, on a periodic basis, conduct 

18 outreach on the pay, benefits, and programs and 

19 services available to members of the Armed Forces 

20 by reason of service in the Armed Forces. The out21 reach shall be conducted pursuant to public service 

22 announcements, publications, and such other an23 nouncements through general media as will serve to 

24 disseminate the information broadly among the gen25 eral public. 
222 

†S 1391 ES

1 (2) INTERNET OUTREACH WEBSITE.— 

2 (A) IN GENERAL.—The Secretary of De3 fense shall establish an Internet website for the 

4 purpose of providing the comprehensive infor5 mation about the benefits and offsets described 

6 in subsection (c) to members of the Armed 

7 Forces and their families. 

8 (B) CONTACT INFORMATION.—The Inter9 net website required by subparagraph (A) shall 

10 provide contact information, both telephone and 

11 e-mail, that a member of the Armed Forces and 

12 a family member of the member can use to get 

13 personalized information about the benefits and 

14 offsets described in subsection (c). 

15 (f) REPORTS.— 

16 (1) INITIAL REPORT.—Not later than one year 

17 after the date of the enactment of this Act, the Sec18 retary of Defense shall submit to the congressional 

19 defense committees a report on the implementation 

20 of the requirements of this section by the Depart21 ment of Defense. Such report shall include a de22 scription of the quality and scope of available online 

23 resources that provide information about benefits for 

24 members of the Armed Forces and their families. 
223 

†S 1391 ES

1 (2) RECORDS MAINTAINED.—The Secretary of 

2 Defense or the military department concerned shall 

3 maintain records that contain the number of individ4 uals that received a briefing under this section in the 

5 previous year disaggregated by the following: 

6 (A) Whether the individual is a member of 

7 the Armed Forces or a family member of a 

8 member of the Armed Forces. 

9 (B) The Armed Force of the members. 

10 (C) The State or territory in which the 

11 briefing occurred. 

12 (D) The subject of the briefing. 

13 Subtitle H—Military Voting 

14 SEC. 581. SHORT TITLE. 

15 This subtitle may be cited as the ‘‘Military and Over16 seas Voter Empowerment Act’’. 

17 SEC. 582. FINDINGS. 

18 Congress makes the following findings: 

19 (1) The right to vote is a fundamental right. 

20 (2) Due to logistical, geographical, operational 

21 and environmental barriers, military and overseas 

22 voters are burdened by many obstacles that impact 

23 their right to vote and register to vote, the most crit24 ical of which include problems transmitting balloting 

25 materials and not being given enough time to vote. 
224 

†S 1391 ES

1 (3) States play an essential role in facilitating 

2 the ability of military and overseas voters to register 

3 to vote and have their ballots cast and counted, es4 pecially with respect to timing and improvement of 

5 absentee voter registration and absentee ballot pro6 cedures. 

7 (4) The Department of Defense educates mili8 tary and overseas voters of their rights under the 

9 Uniformed and Overseas Citizens Absentee Voting 

10 Act and plays an indispensable role in facilitating 

11 the procedural channels that allow military and over12 seas voters to have their votes count. 

13 (5) The local, State, and Federal Government 

14 entities involved with getting ballots to military and 

15 overseas voters must work in conjunction to provide 

16 voter registration services and balloting materials in 

17 a secure and expeditious manner. 

18 SEC. 583. CLARIFICATION REGARDING DELEGATION OF 

19 STATE RESPONSIBILITIES. 

20 A State may delegate its responsibilities in carrying 

21 out the requirements under the Uniformed and Overseas 

22 Citizens Absentee Voting Act (42 U.S.C. 1973ff et seq.) 

23 imposed as a result of the provisions of and amendments 

24 made by this Act to jurisdictions of the State. 
225 

†S 1391 ES

1 SEC. 584. ESTABLISHMENT OF PROCEDURES FOR ABSENT 

2 UNIFORMED SERVICES VOTERS AND OVER3 SEAS VOTERS TO REQUEST AND FOR STATES 

4 TO SEND VOTER REGISTRATION APPLICA5 TIONS AND ABSENTEE BALLOT APPLICA6 TIONS BY MAIL AND ELECTRONICALLY. 

7 (a) IN GENERAL.—Section 102 of the Uniformed and 

8 Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff– 

9 1) is amended— 

10 (1) in subsection (a)— 

11 (A) in paragraph (4), by striking ‘‘and’’ at 

12 the end; 

13 (B) in paragraph (5), by striking the pe14 riod at the end and inserting ‘‘; and’’; and 

15 (C) by adding at the end the following new 

16 paragraph: 

17 ‘‘(6) in addition to any other method of reg18 istering to vote or applying for an absentee ballot in 

19 the State, establish procedures— 

20 ‘‘(A) for absent uniformed services voters 

21 and overseas voters to request by mail and elec22 tronically voter registration applications and ab23 sentee ballot applications with respect to gen24 eral, special, primary, and runoff elections for 

25 Federal office in accordance with subsection (e); 
226 

†S 1391 ES

1 ‘‘(B) for States to send by mail and elec2 tronically (in accordance with the preferred 

3 method of transmission designated by the ab4 sent uniformed services voter or overseas voter 

5 under subparagraph (C)) voter registration ap6 plications and absentee ballot applications re7 quested under subparagraph (A) in accordance 

8 with subsection (e); and 

9 ‘‘(C) by which the absent uniformed serv10 ices voter or overseas voter can designate 

11 whether they prefer for such voter registration 

12 application or absentee ballot application to be 

13 transmitted by mail or electronically.’’; and 

14 (2) by adding at the end the following new sub15 section: 

16 ‘‘(e) DESIGNATION OF MEANS OF ELECTRONIC COM17 MUNICATION FOR ABSENT UNIFORMED SERVICES VOT18 ERS AND OVERSEAS VOTERS TO REQUEST AND FOR

19 STATES TO SEND VOTER REGISTRATION APPLICATIONS

20 AND ABSENTEE BALLOT APPLICATIONS, AND FOR OTHER

21 PURPOSES RELATED TO VOTING INFORMATION.— 

22 ‘‘(1) IN GENERAL.—Each State shall, in addi23 tion to the designation of a single State office under 

24 subsection (b), designate not less than 1 means of 

25 electronic communication— 
227 

†S 1391 ES

1 ‘‘(A) for use by absent uniformed services 

2 voters and overseas voters who wish to register 

3 to vote or vote in any jurisdiction in the State 

4 to request voter registration applications and 

5 absentee ballot applications under subsection 

6 (a)(6); 

7 ‘‘(B) for use by States to send voter reg8 istration applications and absentee ballot appli9 cations requested under such subsection; and 

10 ‘‘(C) for the purpose of providing related 

11 voting, balloting, and election information to 

12 absent uniformed services voters and overseas 

13 voters. 

14 ‘‘(2) CLARIFICATION REGARDING PROVISION OF

15 MULTIPLE MEANS OF ELECTRONIC COMMUNICA16 TION.—A State may, in addition to the means of 

17 electronic communication so designated, provide 

18 multiple means of electronic communication to ab19 sent uniformed services voters and overseas voters, 

20 including a means of electronic communication for 

21 the appropriate jurisdiction of the State. 

22 ‘‘(3) INCLUSION OF DESIGNATED MEANS OF

23 ELECTRONIC COMMUNICATION WITH INFORMA24 TIONAL AND INSTRUCTIONAL MATERIALS THAT AC25 COMPANY BALLOTING MATERIALS.—Each State shall 
228 

†S 1391 ES

1 include a means of electronic communication so des2 ignated with all informational and instructional ma3 terials that accompany balloting materials sent by 

4 the State to absent uniformed services voters and 

5 overseas voters. 

6 ‘‘(4) AVAILABILITY AND MAINTENANCE OF ON7 LINE REPOSITORY OF STATE CONTACT INFORMA8 TION.—The Federal Voting Assistance Program of 

9 the Department of Defense shall maintain and make 

10 available to the public an online repository of State 

11 contact information with respect to elections for 

12 Federal office, including the single State office des13 ignated under subsection (b) and the means of elec14 tronic communication designated under paragraph 

15 (1), to be used by absent uniformed services voters 

16 and overseas voters as a resource to send voter reg17 istration applications and absentee ballot applica18 tions to the appropriate jurisdiction in the State. 

19 ‘‘(5) TRANSMISSION IF NO PREFERENCE INDI20 CATED.—In the case where an absent uniformed 

21 services voter or overseas voter does not designate a 

22 preference under subsection (a)(6)(C), the State 

23 shall transmit the voter registration application or 

24 absentee ballot application by any delivery method 
229 

†S 1391 ES

1 allowable in accordance with applicable State law, or 

2 if there is no applicable State law, by mail. 

3 ‘‘(6) SECURITY AND PRIVACY PROTECTIONS.— 

4 ‘‘(A) SECURITY PROTECTIONS.—To the ex5 tent practicable, States shall ensure that the 

6 procedures established under subsection (a)(6) 

7 protect the security and integrity of the voter 

8 registration and absentee ballot application re9 quest processes. 

10 ‘‘(B) PRIVACY PROTECTIONS.—To the ex11 tent practicable, the procedures established 

12 under subsection (a)(6) shall ensure that the 

13 privacy of the identity and other personal data 

14 of an absent uniformed services voter or over15 seas voter who requests or is sent a voter reg16 istration application or absentee ballot applica17 tion under such subsection is protected 

18 throughout the process of making such request 

19 or being sent such application.’’. 

20 (b) EFFECTIVE DATE.—The amendments made by 

21 this section shall apply with respect to the regularly sched22 uled general election for Federal office held in November 

23 2010 and each succeeding election for Federal office. 
230 

†S 1391 ES

1 SEC. 585. ESTABLISHMENT OF PROCEDURES FOR STATES 

2 TO TRANSMIT BLANK ABSENTEE BALLOTS BY 

3 MAIL AND ELECTRONICALLY TO ABSENT UNI4 FORMED SERVICES VOTERS AND OVERSEAS 

5 VOTERS. 

6 (a) IN GENERAL.—Section 102 of the Uniformed and 

7 Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff– 

8 1), as amended by section 584, is amended— 

9 (1) in subsection (a)— 

10 (A) in paragraph (5), by striking ‘‘and’’ at 

11 the end; 

12 (B) in paragraph (6), by striking the pe13 riod at the end and inserting ‘‘; and’’; and 

14 (C) by adding at the end the following new 

15 paragraph: 

16 ‘‘(7) in addition to any other method of trans17 mitting blank absentee ballots in the State, establish 

18 procedures for transmitting by mail and electroni19 cally blank absentee ballots to absent uniformed 

20 services voters and overseas voters with respect to 

21 general, special, primary, and runoff elections for 

22 Federal office in accordance with subsection (f).’’; 

23 and 

24 (2) by adding at the end the following new sub25 section: 
231 

†S 1391 ES

1 ‘‘(f) TRANSMISSION OF BLANK ABSENTEE BALLOTS

2 BY MAIL AND ELECTRONICALLY.— 

3 ‘‘(1) IN GENERAL.—Each State shall establish 

4 procedures— 

5 ‘‘(A) to transmit blank absentee ballots by 

6 mail and electronically (in accordance with the 

7 preferred method of transmission designated by 

8 the absent uniformed services voter or overseas 

9 voter under subparagraph (B)) to absent uni10 formed services voters and overseas voters for 

11 an election for Federal office; and 

12 ‘‘(B) by which the absent uniformed serv13 ices voter or overseas voter can designate 

14 whether they prefer for such blank absentee 

15 ballot to be transmitted by mail or electroni16 cally. 

17 ‘‘(2) TRANSMISSION IF NO PREFERENCE INDI18 CATED.—In the case where an absent uniformed 

19 services voter or overseas voter does not designate a 

20 preference under paragraph (1)(B), the State shall 

21 transmit the ballot by any delivery method allowable 

22 in accordance with applicable State law, or if there 

23 is no applicable State law, by mail. 

24 ‘‘(3) SECURITY AND PRIVACY PROTECTIONS.— 
232 

†S 1391 ES

1 ‘‘(A) SECURITY PROTECTIONS.—To the ex2 tent practicable, States shall ensure that the 

3 procedures established under subsection (a)(7) 

4 protect the security and integrity of absentee 

5 ballots. 

6 ‘‘(B) PRIVACY PROTECTIONS.—To the ex7 tent practicable, the procedures established 

8 under subsection (a)(7) shall ensure that the 

9 privacy of the identity and other personal data 

10 of an absent uniformed services voter or over11 seas voter to whom a blank absentee ballot is 

12 transmitted under such subsection is protected 

13 throughout the process of such transmission.’’. 

14 (b) EFFECTIVE DATE.—The amendments made by 

15 this section shall apply with respect to the regularly sched16 uled general election for Federal office held in November 

17 2010 and each succeeding election for Federal office. 

18 SEC. 586. ENSURING ABSENT UNIFORMED SERVICES VOT19 ERS AND OVERSEAS VOTERS HAVE TIME TO 

20 VOTE. 

21 (a) IN GENERAL.—Section 102 of the Uniformed and 

22 Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff– 

23 1(a)(1)), as amended by section 585, is amended— 

24 (1) in subsection (a)— 
233 

†S 1391 ES

1 (A) in paragraph (6), by striking ‘‘and’’ at 

2 the end; 

3 (B) in paragraph (7), by striking the pe4 riod at the end and inserting a semicolon; and 

5 (C) by adding at the end the following new 

6 paragraph: 

7 ‘‘(8) transmit a validly requested absentee bal8 lot to an absent uniformed services voter or overseas 

9 voter— 

10 ‘‘(A) except as provided in subsection (g), 

11 in the case where the request is received at 

12 least 45 days before an election for Federal of13 fice, not later than 45 days before the election; 

14 and 

15 ‘‘(B) in the case where the request is re16 ceived less than 45 days before an election for 

17 Federal office— 

18 ‘‘(i) in accordance with State law; and 

19 ‘‘(ii) if practicable and as determined 

20 appropriate by the State, in a manner that 

21 expedites the transmission of such absen22 tee ballot.’’. 

23 (2) by adding at the end the following new sub24 section: 

25 ‘‘(g) HARDSHIP EXEMPTION.— 
234 

†S 1391 ES

1 ‘‘(1) IN GENERAL.—If the chief State election 

2 official determines that the State is unable to meet 

3 the requirement under subsection (a)(8)(A) with re4 spect to an election for Federal office due to an 

5 undue hardship described in paragraph (2)(B), the 

6 chief State election official shall request that the 

7 Presidential designee grant a waiver to the State of 

8 the application of such subsection. Such request 

9 shall include— 

10 ‘‘(A) a recognition that the purpose of 

11 such subsection is to allow absent uniformed 

12 services voters and overseas voters enough time 

13 to vote in an election for Federal office; 

14 ‘‘(B) an explanation of the hardship that 

15 indicates why the State is unable to transmit 

16 absent uniformed services voters and overseas 

17 voters an absentee ballot in accordance with 

18 such subsection; 

19 ‘‘(C) the number of days prior to the elec20 tion for Federal office that the State requires 

21 absentee ballots be transmitted to absent uni22 formed services voters and overseas voters; and 

23 ‘‘(D) a comprehensive plan to ensure that 

24 absent uniformed services voters and overseas 

25 voters are able to receive absentee ballots which 
235 

†S 1391 ES

1 they have requested and submit marked absen2 tee ballots to the appropriate State election offi3 cial in time to have that ballot counted in the 

4 election for Federal office, which includes— 

5 ‘‘(i) the steps the State will undertake 

6 to ensure that absent uniformed services 

7 voters and overseas voters have time to re8 ceive, mark, and submit their ballots in 

9 time to have those ballots counted in the 

10 election; 

11 ‘‘(ii) why the plan provides absent 

12 uniformed services voters and overseas vot13 ers sufficient time to vote as a substitute 

14 for the requirements under such sub15 section; and 

16 ‘‘(iii) the underlying factual informa17 tion which explains how the plan provides 

18 such sufficient time to vote as a substitute 

19 for such requirements. 

20 ‘‘(2) APPROVAL OF WAIVER REQUEST.—After 

21 consulting with the Attorney General, the Presi22 dential designee shall approve a waiver request 

23 under paragraph (1) if the Presidential designee de24 termines each of the following requirements are met: 
236 

†S 1391 ES

1 ‘‘(A) The comprehensive plan under sub2 paragraph (D) of such paragraph provides ab3 sent uniformed services voters and overseas vot4 ers sufficient time to receive absentee ballots 

5 they have requested and submit marked absen6 tee ballots to the appropriate State election offi7 cial in time to have that ballot counted in the 

8 election for Federal office. 

9 ‘‘(B) One or more of the following issues 

10 creates an undue hardship for the State: 

11 ‘‘(i) The State’s primary election date 

12 prohibits the State from complying with 

13 subsection (a)(8)(A). 

14 ‘‘(ii) The State has suffered a delay in 

15 generating ballots due to a legal contest. 

16 ‘‘(iii) The State Constitution prohibits 

17 the State from complying with such sub18 section. 

19 ‘‘(3) TIMING OF WAIVER.— 

20 ‘‘(A) IN GENERAL.—Except as provided 

21 under subparagraph (B), a State that requests 

22 a waiver under paragraph (1) shall submit to 

23 the Presidential designee the written waiver re24 quest not later than 90 days before the election 

25 for Federal office with respect to which the re-
237 

†S 1391 ES

1 quest is submitted. The Presidential designee 

2 shall approve or deny the waiver request not 

3 later than 65 days before such election. 

4 ‘‘(B) EXCEPTION.—If a State requests a 

5 waiver under paragraph (1) as the result of an 

6 undue hardship described in paragraph 

7 (2)(B)(ii), the State shall submit to the Presi8 dential designee the written waiver request as 

9 soon as practicable. The Presidential designee 

10 shall approve or deny the waiver request not 

11 later than 5 business days after the date on 

12 which the request is received. 

13 ‘‘(4) APPLICATION OF WAIVER.—A waiver ap14 proved under paragraph (2) shall only apply with re15 spect to the election for Federal office for which the 

16 request was submitted. For each subsequent election 

17 for Federal office, the Presidential designee shall 

18 only approve a waiver if the State has submitted a 

19 request under paragraph (1) with respect to such 

20 election.’’. 

21 (b) RUNOFF ELECTIONS.—Section 102(a) of the 

22 Uniformed and Overseas Citizens Absentee Voting Act (42 

23 U.S.C. 1973ff–1(a)), as amended by subsection (a), is 

24 amended— 
238 

†S 1391 ES

1 (1) in paragraph (7), by striking ‘‘and’’ at the 

2 end; 

3 (2) in paragraph (8), by striking the period at 

4 the end and inserting ‘‘; and’’; and 

5 (3) by adding at the end the following new 

6 paragraph: 

7 ‘‘(9) if the State declares or otherwise holds a 

8 runoff election for Federal office, establish a written 

9 plan that provides absentee ballots are made avail10 able to absent uniformed services voters and over11 seas voters in manner that gives them sufficient 

12 time to vote in the runoff election.’’. 

13 (c) EFFECTIVE DATE.—The amendments made by 

14 this section shall apply with respect to the regularly sched15 uled general election for Federal office held in November 

16 2010 and each succeeding election for Federal office. 

17 SEC. 587. PROCEDURES FOR COLLECTION AND DELIVERY 

18 OF MARKED ABSENTEE BALLOTS OF ABSENT 

19 OVERSEAS UNIFORMED SERVICES VOTERS. 

20 (a) IN GENERAL.—The Uniformed and Overseas 

21 Citizens Absentee Voting Act (42 U.S.C. 1973ff et seq.) 

22 is amended by inserting after section 103 the following 

23 new section: 
239 

†S 1391 ES

1 ‘‘SEC. 103A. PROCEDURES FOR COLLECTION AND DELIVERY 

2 OF MARKED ABSENTEE BALLOTS OF ABSENT 

3 OVERSEAS UNIFORMED SERVICES VOTERS. 

4 ‘‘(a) ESTABLISHMENT OF PROCEDURES.—The Presi5 dential designee shall establish procedures for collecting 

6 marked absentee ballots of absent overseas uniformed 

7 services voters in regularly scheduled general elections for 

8 Federal office, including absentee ballots prepared by 

9 States and the Federal write-in absentee ballot prescribed 

10 under section 103, and for delivering such marked absen11 tee ballots to the appropriate election officials. 

12 ‘‘(b) DELIVERY TO APPROPRIATE ELECTION OFFI13 CIALS.— 

14 ‘‘(1) IN GENERAL.—Under the procedures es15 tablished under this section, the Presidential des16 ignee shall implement procedures that facilitate the 

17 delivery of marked absentee ballots of absent over18 seas uniformed services voters for regularly sched19 uled general elections for Federal office to the ap20 propriate election officials, in accordance with this 

21 section, not later than the date by which an absentee 

22 ballot must be received in order to be counted in the 

23 election. 

24 ‘‘(2) COOPERATION AND COORDINATION WITH

25 THE UNITED STATES POSTAL SERVICE.—The Presi26 dential designee shall carry out this section in co-
240 

†S 1391 ES

1 operation and coordination with the United States 

2 Postal Service, and shall provide expedited mail de3 livery service for all such marked absentee ballots of 

4 absent uniformed services voters that are collected 

5 on or before the deadline described in paragraph (3) 

6 and then transferred to the United States Postal 

7 Service. 

8 ‘‘(3) DEADLINE DESCRIBED.— 

9 ‘‘(A) IN GENERAL.—Except as provided in 

10 subparagraph (B), the deadline described in 

11 this paragraph is noon (in the location in which 

12 the ballot is collected) on the seventh day pre13 ceding the date of the regularly scheduled gen14 eral election for Federal office. 

15 ‘‘(B) AUTHORITY TO ESTABLISH ALTER16 NATIVE DEADLINE FOR CERTAIN LOCATIONS.— 

17 If the Presidential designee determines that the 

18 deadline described in subparagraph (A) is not 

19 sufficient to ensure timely delivery of the ballot 

20 under paragraph (1) with respect to a par21 ticular location because of remoteness or other 

22 factors, the Presidential designee may establish 

23 as an alternative deadline for that location the 

24 latest date occurring prior to the deadline de25 scribed in subparagraph (A) which is sufficient 
241 

†S 1391 ES

1 to provide timely delivery of the ballot under 

2 paragraph (1). 

3 ‘‘(4) NO POSTAGE REQUIREMENT.—In accord4 ance with section 3406 of title 39, United States 

5 Code, such marked absentee ballots and other bal6 loting materials shall be carried free of postage. 

7 ‘‘(5) DATE OF MAILING.—Such marked absen8 tee ballots shall be postmarked with a record of the 

9 date on which the ballot is mailed. 

10 ‘‘(c) OUTREACH FOR ABSENT OVERSEAS UNI11 FORMED SERVICES VOTERS ON PROCEDURES.—The Pres12 idential designee shall take appropriate actions to inform 

13 individuals who are anticipated to be absent overseas uni14 formed services voters in a regularly scheduled general 

15 election for Federal office to which this section applies of 

16 the procedures for the collection and delivery of marked 

17 absentee ballots established pursuant to this section, in18 cluding the manner in which such voters may utilize such 

19 procedures for the submittal of marked absentee ballots 

20 pursuant to this section. 

21 ‘‘(d) ABSENT OVERSEAS UNIFORMED SERVICES

22 VOTER DEFINED.—In this section, the term ‘absent over23 seas uniformed services voter’ means an overseas voter de24 scribed in section 107(5)(A). 
242 

†S 1391 ES

1 ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There 

2 are authorized to be appropriated to the Presidential des3 ignee such sums as may be necessary to carry out this 

4 section.’’. 

5 (b) CONFORMING AMENDMENT.—Section 101(b) of 

6 such Act (42 U.S.C. 1973ff(b)) is amended— 

7 (1) by striking ‘‘and’’ at the end of paragraph 

8 (6); 

9 (2) by striking the period at the end of para10 graph (7) and inserting ‘‘; and’’; and 

11 (3) by adding at the end the following new 

12 paragraph: 

13 ‘‘(8) carry out section 103A with respect to the 

14 collection and delivery of marked absentee ballots of 

15 absent overseas uniformed services voters in elec16 tions for Federal office.’’. 

17 (c) STATE RESPONSIBILITIES.—Section 102(a) of 

18 such Act (42 U.S.C. 1973ff–1(a)), as amended by section 

19 586, is amended— 

20 (1) in paragraph (8), by striking ‘‘and’’ at the 

21 end; 

22 (2) in paragraph (9), by striking the period at 

23 the end and inserting ‘‘; and’’; and 

24 (3) by adding the following new paragraph: 
243 

†S 1391 ES

1 ‘‘(10) carry out section 103A(b)(1) with respect 

2 to the processing and acceptance of marked absentee 

3 ballots of absent overseas uniformed services vot4 ers.’’. 

5 (d) TRACKING MARKED BALLOTS.—Section 102 of 

6 such Act (42 U.S.C. 1973ff–1(a)), as amended by section 

7 586, is amended by adding at the end the following new 

8 subsection: 

9 ‘‘(h) TRACKING MARKED BALLOTS.—The chief State 

10 election official, in coordination with local election jurisdic11 tions, shall develop a free access system by which an ab12 sent uniformed services voter or overseas voter may deter13 mine whether the absentee ballot of the absent uniformed 

14 services voter or overseas voter has been received by the 

15 appropriate State election official.’’. 

16 (e) PROTECTING VOTER PRIVACY AND SECRECY OF

17 ABSENTEE BALLOTS.—Section 101(b) of the Uniformed 

18 and Overseas Citizens Absentee Voting Act (42 U.S.C. 

19 1973ff(b)), as amended by subsection (b), is amended— 

20 (1) by striking ‘‘and’’ at the end of paragraph 

21 (7); 

22 (2) by striking the period at the end of para23 graph (8) and inserting ‘‘; and’’; and 

24 (3) by adding at the end the following new 

25 paragraph: 
244 

†S 1391 ES

1 ‘‘(9) to the greatest extent practicable, take 

2 such actions as may be necessary— 

3 ‘‘(A) to ensure that absent uniformed serv4 ices voters who cast absentee ballots at loca5 tions or facilities under the jurisdiction of the 

6 Presidential designee are able to do so in a pri7 vate and independent manner; and 

8 ‘‘(B) to protect the privacy of the contents 

9 of absentee ballots cast by absentee uniformed 

10 services voters and overseas voters while such 

11 ballots are in the possession or control of the 

12 Presidential designee.’’. 

13 (f) EFFECTIVE DATE.—The amendments made by 

14 this section shall apply with respect to the regularly sched15 uled general election for Federal office held in November 

16 2010 and each succeeding election for Federal office. 

17 SEC. 588. FEDERAL WRITE-IN ABSENTEE BALLOT. 

18 (a) USE IN GENERAL, SPECIAL, PRIMARY, AND RUN19 OFF ELECTIONS FOR FEDERAL OFFICE.— 

20 (1) IN GENERAL.—Section 103 of the Uni21 formed and Overseas Citizens Absentee Voting Act 

22 (42 U.S.C. 1973ff–2) is amended— 

23 (A) in subsection (a), by striking ‘‘general 

24 elections for Federal office’’ and inserting ‘‘gen-
245 

†S 1391 ES

1 eral, special, primary, and runoff elections for 

2 Federal office’’; 

3 (B) in subsection (e), in the matter pre4 ceding paragraph (1), by striking ‘‘a general 

5 election’’ and inserting ‘‘a general, special, pri6 mary, or runoff election for Federal office’’; and 

7 (C) in subsection (f), by striking ‘‘the gen8 eral election’’ each place it appears and insert9 ing ‘‘the general, special, primary, or runoff 

10 election for Federal office’’. 

11 (2) EFFECTIVE DATE.—The amendments made 

12 by this subsection shall take effect on December 31, 

13 2010, and apply with respect to elections for Federal 

14 office held on or after such date. 

15 (b) PROMOTION AND EXPANSION OF USE.—Section 

16 103(a) of the Uniformed and Overseas Citizens Absentee 

17 Voting Act (42 U.S.C. 1973ff–2) is amended— 

18 (1) by striking ‘‘GENERAL.—The Presidential’’ 

19 and inserting ‘‘GENERAL.— 

20 ‘‘(1) FEDERAL WRITE-IN ABSENTEE BALLOT.— 

21 The Presidential’’; and 

22 (2) by adding at the end the following new 

23 paragraph: 

24 ‘‘(2) PROMOTION AND EXPANSION OF USE OF

25 FEDERAL WRITE-IN ABSENTEE BALLOTS.— 
246 

†S 1391 ES

1 ‘‘(A) IN GENERAL.—Not later than De2 cember 31, 2011, the Presidential designee 

3 shall adopt procedures to promote and expand 

4 the use of the Federal write-in absentee ballot 

5 as a back-up measure to vote in elections for 

6 Federal office. 

7 ‘‘(B) USE OF TECHNOLOGY.—Under such 

8 procedures, the Presidential designee shall uti9 lize technology to implement a system under 

10 which the absent uniformed services voter or 

11 overseas voter may— 

12 ‘‘(i) enter the address of the voter or 

13 other information relevant in the appro14 priate jurisdiction of the State, and the 

15 system will generate a list of all candidates 

16 in the election for Federal office in that ju17 risdiction; and 

18 ‘‘(ii) submit the marked Federal 

19 write-in absentee ballot by printing the bal20 lot (including complete instructions for 

21 submitting the marked Federal write-in ab22 sentee ballot to the appropriate State elec23 tion official and the mailing address of the 

24 single State office designated under section 

25 102(b)). 
247 

†S 1391 ES

1 ‘‘(C) AUTHORIZATION OF APPROPRIA2 TIONS.—There are authorized to be appro3 priated to the Presidential designee such sums 

4 as may be necessary to carry out this para5 graph.’’. 

6 SEC. 589. PROHIBITING REFUSAL TO ACCEPT VOTER REG7 ISTRATION AND ABSENTEE BALLOT APPLICA8 TIONS, MARKED ABSENTEE BALLOTS, AND 

9 FEDERAL WRITE-IN ABSENTEE BALLOTS FOR 

10 FAILURE TO MEET CERTAIN REQUIREMENTS. 

11 (a) VOTER REGISTRATION AND ABSENTEE BALLOT

12 APPLICATIONS.—Section 102 of the Uniformed and Over13 seas Citizens Absentee Voting Act (42 U.S.C. 1973ff–1), 

14 as amended by section 587, is amended by adding at the 

15 end the following new subsection: 

16 ‘‘(i) PROHIBITING REFUSAL TO ACCEPT APPLICA17 TIONS FOR FAILURE TO MEET CERTAIN REQUIRE18 MENTS.—A State shall not refuse to accept and process 

19 any otherwise valid voter registration application or absen20 tee ballot application (including the official post card form 

21 prescribed under section 101) or marked absentee ballot 

22 submitted in any manner by an absent uniformed services 

23 voter or overseas voter solely on the basis of the following: 

24 ‘‘(1) Notarization requirements. 
248 

†S 1391 ES

1 ‘‘(2) Restrictions on paper type, including 

2 weight and size. 

3 ‘‘(3) Restrictions on envelope type, including 

4 weight and size.’’. 

5 (b) FEDERAL WRITE-IN ABSENTEE BALLOT.—Sec6 tion 103 of such Act (42 U.S.C. 1973ff–2) is amended— 

7 (1) by redesignating subsection (f) as sub8 section (g); and 

9 (2) by inserting after subsection (e) the fol10 lowing new subsection: 

11 ‘‘(f) PROHIBITING REFUSAL TO ACCEPT BALLOT

12 FOR FAILURE TO MEET CERTAIN REQUIREMENTS.—A 

13 State shall not refuse to accept and process any otherwise 

14 valid Federal write-in absentee ballot submitted in any 

15 manner by an absent uniformed services voter or overseas 

16 voter solely on the basis of the following: 

17 ‘‘(1) Notarization requirements. 

18 ‘‘(2) Restrictions on paper type, including 

19 weight and size. 

20 ‘‘(3) Restrictions on envelope type, including 

21 weight and size.’’. 

22 (c) EFFECTIVE DATE.—The amendments made by 

23 this section shall apply with respect to the regularly sched24 uled general election for Federal office held in November 

25 2010 and each succeeding election for Federal office. 
249 

†S 1391 ES

1 SEC. 590. FEDERAL VOTING ASSISTANCE PROGRAM IM2 PROVEMENTS. 

3 (a) FEDERAL VOTING ASSISTANCE PROGRAM IM4 PROVEMENTS.— 

5 (1) IN GENERAL.—The Uniformed and Over6 seas Citizens Absentee Voting Act (42 U.S.C. 1973ff 

7 et seq.), as amended by section 587, is amended by 

8 inserting after section 103A the following new sec9 tion: 

10 ‘‘SEC. 103B. FEDERAL VOTING ASSISTANCE PROGRAM IM11 PROVEMENTS. 

12 ‘‘(a) DUTIES.—The Presidential designee shall carry 

13 out the following duties: 

14 ‘‘(1) Develop online portals of information to 

15 inform absent uniformed services voters regarding 

16 voter registration procedures and absentee ballot 

17 procedures to be used by such voters with respect to 

18 elections for Federal office. 

19 ‘‘(2) Establish a program to notify absent uni20 formed services voters of voter registration informa21 tion and resources, the availability of the Federal 

22 postcard application, and the availability of the Fed23 eral write-in absentee ballot on the military Global 

24 Network, and shall use the military Global Network 

25 to notify absent uniformed services voters of the 
250 

†S 1391 ES

1 foregoing 90, 60, and 30 days prior to each election 

2 for Federal office. 

3 ‘‘(b) CLARIFICATION REGARDING OTHER DUTIES

4 AND OBLIGATIONS.—Nothing in this section shall relieve 

5 the Presidential designee of their duties and obligations 

6 under any directives or regulations issued by the Depart7 ment of Defense, including the Department of Defense Di8 rective 1000.04 (or any successor directive or regulation) 

9 that is not inconsistent or contradictory to the provisions 

10 of this section. 

11 ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There 

12 are authorized to be appropriated to the Federal Voting 

13 Assistance Program of the Department of Defense (or a 

14 successor program) such sums as are necessary for pur15 poses of carrying out this section.’’. 

16 (2) CONFORMING AMENDMENTS.—Section 101 

17 of such Act (42 U.S.C. 1973ff), as amended by sec18 tion 587, is amended— 

19 (A) in subparagraph (b)— 

20 (i) by striking ‘‘and’’ at the end of 

21 paragraph (8); 

22 (ii) by striking the period at the end 

23 of paragraph (9) and inserting ‘‘; and’’; 

24 and 
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1 (iii) by adding at the end the fol2 lowing new paragraph: 

3 ‘‘(10) carry out section 103B with respect to 

4 Federal Voting Assistance Program Improvements.’’; 

5 and 

6 (B) by adding at the end the following new 

7 subsection: 

8 ‘‘(d) AUTHORIZATION OF APPROPRIATIONS FOR CAR9 RYING OUT FEDERAL VOTING ASSISTANCE PROGRAM IM10 PROVEMENTS.—There are authorized to be appropriated 

11 to the Presidential designee such sums as are necessary 

12 for purposes of carrying out subsection (b)(10).’’. 

13 (b) VOTER REGISTRATION ASSISTANCE FOR ABSENT

14 UNIFORMED SERVICES VOTERS.—Section 102 of the Uni15 formed and Overseas Citizens Absentee Voting Act (42 

16 U.S.C. 1973ff–1), as amended by section 589, is amended 

17 by adding at the end the following new subsection: 

18 ‘‘(j) VOTER REGISTRATION ASSISTANCE FOR AB19 SENT UNIFORMED SERVICES VOTERS.— 

20 ‘‘(1) DESIGNATING AN OFFICE AS A VOTER

21 REGISTRATION AGENCY ON EACH INSTALLATION OF

22 THE ARMED FORCES.—Not later than 180 days 

23 after the date of enactment of this subsection, each 

24 Secretary of a military department shall take appro25 priate actions to designate an office on each installa-
252 

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1 tion of the Armed Forces under the jurisdiction of 

2 such Secretary (excluding any installation in a the3 ater of combat), consistent across every installation 

4 of the department of the Secretary concerned, to 

5 provide each individual described in paragraph (3)— 

6 ‘‘(A) written information on voter registra7 tion procedures and absentee ballot procedures 

8 (including the official post card form prescribed 

9 under section 101); 

10 ‘‘(B) the opportunity to register to vote in 

11 an election for Federal office; 

12 ‘‘(C) the opportunity to update the individ13 ual’s voter registration information, including 

14 clear written notice and instructions for the ab15 sent uniformed services voter to change their 

16 address by submitting the official post card 

17 form prescribed under section 101 to the appro18 priate State election official; and 

19 ‘‘(D) the opportunity to request an absen20 tee ballot under this Act. 

21 ‘‘(2) DEVELOPMENT OF PROCEDURES.—Each 

22 Secretary of a military department shall develop, in 

23 consultation with each State and the Presidential 

24 designee, the procedures necessary to provide the as25 sistance described in paragraph (1). 
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1 ‘‘(3) INDIVIDUALS DESCRIBED.—The following 

2 individuals are described in this paragraph: 

3 ‘‘(A) An absent uniformed services voter— 

4 ‘‘(i) who is undergoing a permanent 

5 change of duty station; 

6 ‘‘(ii) who is deploying overseas for at 

7 least 6 months; 

8 ‘‘(iii) who is or returning from an 

9 overseas deployment of at least 6 months; 

10 or 

11 ‘‘(iv) who at any time requests assist12 ance related to voter registration. 

13 ‘‘(B) All other absent uniformed services 

14 voters (as defined in section 107(1)). 

15 ‘‘(4) TIMING OF PROVISION OF ASSISTANCE.— 

16 The assistance described in paragraph (1) shall be 

17 provided to an absent uniformed services voter— 

18 ‘‘(A) described in clause (i) of paragraph 

19 (3)(A), as part of the administrative in-proc20 essing of the member upon arrival at the new 

21 duty station of the absent uniformed services 

22 voter; 

23 ‘‘(B) described in clause (ii) of such para24 graph, as part of the administrative in-proc25 essing of the member upon deployment from 
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1 the home duty station of the absent uniformed 

2 services voter; 

3 ‘‘(C) described in clause (iii) of such para4 graph, as part of the administrative in-proc5 essing of the member upon return to the home 

6 duty station of the absent uniformed services 

7 voter; 

8 ‘‘(D) described in clause (iv) of such para9 graph, at any time the absent uniformed serv10 ices voter requests such assistance; and 

11 ‘‘(E) described in paragraph (3)(B), at any 

12 time the absent uniformed services voter re13 quests such assistance. 

14 ‘‘(5) PAY, PERSONNEL, AND IDENTIFICATION

15 OFFICES OF THE DEPARTMENT OF DEFENSE.—The 

16 Secretary of Defense may designate pay, personnel, 

17 and identification offices of the Department of De18 fense for persons to apply to register to vote, update 

19 the individual’s voter registration information, and 

20 request an absentee ballot under this Act. 

21 ‘‘(6) TREATMENT OF OFFICES DESIGNATED AS

22 VOTER REGISTRATION AGENCIES.—An office des23 ignated under paragraph (1) or (5) shall be consid24 ered to be a voter registration agency designated 
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1 under section 7(a)(2) of the National Voter Reg2 istration Act of 1993 for all purposes of such Act. 

3 ‘‘(7) OUTREACH TO ABSENT UNIFORMED SERV4 ICES VOTERS.—The Secretary of each military de5 partment or the Presidential designee shall take ap6 propriate actions to inform absent uniformed serv7 ices voters of the assistance available under this sub8 section including— 

9 ‘‘(A) the availability of voter registration 

10 assistance at offices designated under para11 graphs (1) and (5); and 

12 ‘‘(B) the time, location, and manner in 

13 which an absent uniformed voter may utilize 

14 such assistance. 

15 ‘‘(8) DEFINITION OF MILITARY DEPARTMENT

16 AND SECRETARY CONCERNED.—In this subsection, 

17 the terms ‘military department’ and ‘Secretary con18 cerned’ have the meaning given such terms in para19 graphs (8) and (9), respectively, of section 101 of 

20 title 10, United States Code. 

21 ‘‘(9) AUTHORIZATION OF APPROPRIATIONS.— 

22 There are authorized to be appropriated such sums 

23 as are necessary to carry out this subsection.’’. 

24 (c) EFFECTIVE DATE.—The amendments made by 

25 this section shall apply with respect to the regularly sched-
256 

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1 uled general election for Federal office held in November 

2 2010 and each succeeding election for Federal office. 

3 SEC. 591. DEVELOPMENT OF STANDARDS FOR REPORTING 

4 AND STORING CERTAIN DATA. 

5 (a) IN GENERAL.—Section 101(b) of such Act (42 

6 U.S.C. 1973ff(b)), as amended by section 590, is amend7 ed— 

8 (1) by striking ‘‘and’’ at the end of paragraph 

9 (9); 

10 (2) by striking the period at the end of para11 graph (10) and inserting ‘‘; and’’; and 

12 (3) by adding at the end the following new 

13 paragraph: 

14 ‘‘(11) working with the Election Assistance 

15 Commission and the chief State election official of 

16 each State, develop standards— 

17 ‘‘(A) for States to report data on the num18 ber of absentee ballots transmitted and received 

19 under section 102(c) and such other data as the 

20 Presidential designee determines appropriate; 

21 and 

22 ‘‘(B) for the Presidential designee to store 

23 the data reported.’’. 
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1 (b) CONFORMING AMENDMENT.—Section 102(a) of 

2 such Act (42 U.S.C. 1973ff–1(a)), as amended by section 

3 587, is amended— 

4 (1) in paragraph (9), by striking ‘‘and’’ at the 

5 end; 

6 (2) in paragraph (10), by striking the period at 

7 the end and inserting ‘‘; and’’; and 

8 (3) by adding at the end the following new 

9 paragraph: 

10 ‘‘(11) report data on the number of absentee 

11 ballots transmitted and received under section 

12 102(c) and such other data as the Presidential des13 ignee determines appropriate in accordance with the 

14 standards developed by the Presidential designee 

15 under section 101(b)(11).’’. 

16 (c) EFFECTIVE DATE.—The amendments made by 

17 this section shall apply with respect to the regularly sched18 uled general election for Federal office held in November 

19 2010 and each succeeding election for Federal office. 

20 SEC. 592. REPEAL OF PROVISIONS RELATING TO USE OF 

21 SINGLE APPLICATION FOR ALL SUBSEQUENT 

22 ELECTIONS. 

23 (a) IN GENERAL.—Subsections (a) through (d) of 

24 section 104 of the Uniformed and Overseas Citizens Ab25 sentee Voting Act (42 U.S.C. 1973ff–3) are repealed. 
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1 (b) CONFORMING AMENDMENTS.—The Uniformed 

2 and Overseas Citizens Absentee Voting Act (42 U.S.C. 

3 1973ff et seq.) is amended— 

4 (1) in section 101(b)— 

5 (A) in paragraph (2), by striking ‘‘, for use 

6 by States in accordance with section 104’’; and 

7 (B) in paragraph (4), by striking ‘‘for use 

8 by States in accordance with section 104’’; and 

9 (2) in section 104, as amended by subsection 

10 (a)— 

11 (A) in the section heading, by striking 

12 ‘‘USE OF SINGLE APPLICATION FOR ALL

13 SUBSEQUENT ELECTIONS’’ and inserting 

14 ‘‘PROHIBITION OF REFUSAL OF APPLICA15 TIONS ON GROUNDS OF EARLY SUBMIS16 SION’’; and 

17 (B) in subsection (e), by striking ‘‘(e) PRO18 HIBITION OF REFUSAL OF APPLICATIONS ON

19 GROUNDS OF EARLY SUBMISSION.—’’. 

20 SEC. 593. REPORTING REQUIREMENTS. 

21 The Uniformed and Overseas Citizens Absentee Vot22 ing Act (42 U.S.C. 1973ff et seq.) is amended by inserting 

23 after section 105 the following new section: 
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1 ‘‘SEC. 105A. REPORTING REQUIREMENTS. 

2 ‘‘(a) REPORT ON STATUS OF IMPLEMENTATION AND

3 ASSESSMENT OF PROGRAMS.—Not later than 180 days 

4 after the date of the enactment of the Military and Over5 seas Voter Empowerment Act, the Presidential designee 

6 shall submit to the relevant committees of Congress a re7 port containing the following information: 

8 ‘‘(1) The status of the implementation of the 

9 procedures established for the collection and delivery 

10 of marked absentee ballots of absent overseas uni11 formed services voters under section 103A, and a de12 tailed description of the specific steps taken towards 

13 such implementation for the regularly scheduled gen14 eral election for Federal office held in November 

15 2010. 

16 ‘‘(2) An assessment of the effectiveness of the 

17 Voting Assistance Officer Program of the Depart18 ment of Defense, which shall include the following: 

19 ‘‘(A) A thorough and complete assessment 

20 of whether the Program, as configured and im21 plemented as of such date of enactment, is ef22 fectively assisting absent uniformed services 

23 voters in exercising their right to vote. 

24 ‘‘(B) An inventory and explanation of any 

25 areas of voter assistance in which the Program 

26 has failed to accomplish its stated objectives 
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1 and effectively assist absent uniformed services 

2 voters in exercising their right to vote. 

3 ‘‘(C) As necessary, a detailed plan for the 

4 implementation of any new program to replace 

5 or supplement voter assistance activities re6 quired to be performed under this Act. 

7 ‘‘(3) A detailed description of the specific steps 

8 taken towards the implementation of voter registra9 tion assistance for absent uniformed services voters 

10 under section 102(j), including the designation of of11 fices under paragraphs (1) and (5) of such section. 

12 ‘‘(b) ANNUAL REPORT ON EFFECTIVENESS OF AC13 TIVITIES AND UTILIZATION OF CERTAIN PROCEDURES.— 

14 Not later than March 31 of each year, the Presidential 

15 designee shall transmit to the President and to the rel16 evant committees of Congress a report containing the fol17 lowing information: 

18 ‘‘(1) An assessment of the effectiveness of ac19 tivities carried out under section 103B, including the 

20 activities and actions of the Federal Voting Assist21 ance Program of the Department of Defense, a sepa22 rate assessment of voter registration and participa23 tion by absent uniformed services voters, a separate 

24 assessment of voter registration and participation by 

25 overseas voters who are not members of the uni-
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1 formed services, and a description of the cooperation 

2 between States and the Federal Government in car3 rying out such section. 

4 ‘‘(2) A description of the utilization of voter 

5 registration assistance under section 102(j), which 

6 shall include the following: 

7 ‘‘(A) A description of the specific programs 

8 implemented by each military department of the 

9 Armed Forces pursuant to such section. 

10 ‘‘(B) The number of absent uniformed 

11 services voters who utilized voter registration 

12 assistance provided under such section. 

13 ‘‘(3) In the case of a report submitted under 

14 this subsection in the year following a year in which 

15 a regularly scheduled general election for Federal of16 fice is held, a description of the utilization of the 

17 procedures for the collection and delivery of marked 

18 absentee ballots established pursuant to section 

19 103A, which shall include the number of marked ab20 sentee ballots collected and delivered under such pro21 cedures and the number of such ballots which were 

22 not delivered by the time of the closing of the polls 

23 on the date of the election (and the reasons such 

24 ballots were not so delivered). 

25 ‘‘(c) DEFINITIONS.—In this section: 
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1 ‘‘(1) ABSENT OVERSEAS UNIFORMED SERVICES

2 VOTER.—The term ‘absent overseas uniformed serv3 ices voter’ has the meaning given such term in sec4 tion 103A(d). 

5 ‘‘(2) PRESIDENTIAL DESIGNEE.—The term 

6 ‘Presidential designee’ means the Presidential des7 ignee under section 101(a). 

8 ‘‘(3) RELEVANT COMMITTEES OF CONGRESS

9 DEFINED.—The term ‘relevant committees of Con10 gress’ means— 

11 ‘‘(A) the Committees on Appropriations, 

12 Armed Services, and Rules and Administration 

13 of the Senate; and 

14 ‘‘(B) the Committees on Appropriations, 

15 Armed Services, and House Administration of 

16 the House of Representatives.’’. 

17 SEC. 594. ANNUAL REPORT ON ENFORCEMENT. 

18 Section 105 of the Uniformed and Overseas Citizens 

19 Absentee Voting Act (42 U.S.C. 1973f–4) is amended— 

20 (1) by striking ‘‘The Attorney’’ and inserting 

21 ‘‘(a) IN GENERAL.—The Attorney’’; and 

22 (2) by adding at the end the following new sub23 section: 

24 ‘‘(b) REPORT TO CONGRESS.—Not later than Decem25 ber 31 of each year, the Attorney General shall submit 
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1 to Congress an annual report on any civil action brought 

2 under subsection (a) during the preceding year.’’. 

3 SEC. 595. REQUIREMENTS PAYMENTS. 

4 (a) USE OF FUNDS.—Section 251(b) of the Help 

5 America Vote Act of 2002 (42 U.S.C. 15401(b)) is amend6 ed— 

7 (1) in paragraph (1), by striking ‘‘paragraph 

8 (2)’’ and inserting ‘‘paragraphs (2) and (3)’’; and 

9 (2) by adding at the end the following new 

10 paragraph: 

11 ‘‘(3) ACTIVITIES UNDER UNIFORMED AND

12 OVERSEAS CITIZENS ABSENTEE VOTING ACT.—A 

13 State shall use a requirements payment made using 

14 funds appropriated pursuant to the authorization 

15 under section 257(4) only to meet the requirements 

16 under the Uniformed and Overseas Citizens Absen17 tee Voting Act imposed as a result of the provisions 

18 of and amendments made by the Military and Over19 seas Voter Empowerment Act.’’. 

20 (b) REQUIREMENTS.— 

21 (1) STATE PLAN.—Section 254(a) of the Help 

22 America Vote Act of 2002 (42 U.S.C. 15404(a)) is 

23 amended by adding at the end the following new 

24 paragraph: 
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1 ‘‘(14) How the State plan will comply with the 

2 provisions and requirements of and amendments 

3 made by the Military and Overseas Voter Empower4 ment Act.’’. 

5 (2) CONFORMING AMENDMENTS.—Section 

6 253(b) of the Help America Vote Act of 2002 (42 

7 U.S.C. 15403(b)) is amended— 

8 (A) in paragraph (1)(A), by striking ‘‘sec9 tion 254’’ and inserting ‘‘subsection (a) of sec10 tion 254 (or, in the case where a State is seek11 ing a requirements payment made using funds 

12 appropriated pursuant to the authorization 

13 under section 257(4), paragraph (14) of section 

14 254)’’; and 

15 (B) in paragraph (2)— 

16 (i) by striking ‘‘(2) The State’’ and 

17 inserting ‘‘(2)(A) Subject to subparagraph 

18 (B), the State’’; and 

19 (ii) by inserting after subparagraph 

20 (A), as added by clause (i), the following 

21 new subparagraph: 

22 ‘‘(B) The requirement under subparagraph (A) 

23 shall not apply in the case of a requirements pay24 ment made using funds appropriated pursuant to 

25 the authorization under section 257(4).’’. 
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†S 1391 ES

1 (c) AUTHORIZATION.—Section 257(a) of the Help 

2 America Vote Act of 2002 (42 U.S.C. 15407(a)) is amend3 ed by adding at the end the following new paragraph: 

4 ‘‘(4) For fiscal year 2010 and subsequent fiscal 

5 years, such sums as are necessary for purposes of 

6 making requirements payments to States to carry 

7 out the activities described in section 251(b)(3).’’. 

8 SEC. 596. TECHNOLOGY PILOT PROGRAM. 

9 (a) DEFINITIONS.—In this section: 

10 (1) ABSENT UNIFORMED SERVICES VOTER.— 

11 The term ‘‘absent uniformed services voter’’ has the 

12 meaning given such term in section 107(a) of the 

13 Uniformed and Overseas Citizens Absentee Voting 

14 Act (42 U.S.C. 1973ff et seq.). 

15 (2) OVERSEAS VOTER.—The term ‘‘overseas 

16 voter’’ has the meaning given such term in section 

17 107(5) of such Act. 

18 (3) PRESIDENTIAL DESIGNEE.—The term 

19 ‘‘Presidential designee’’ means the individual des20 ignated under section 101(a) of such Act. 

21 (b) ESTABLISHMENT.— 

22 (1) IN GENERAL.—The Presidential designee 

23 may establish 1 or more pilot programs under which 

24 the feasibility of new election technology is tested for 

25 the benefit of absent uniformed services voters and 
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1 overseas voters claiming rights under the Uniformed 

2 and Overseas Citizens Absentee Voting Act (42 

3 U.S.C. 1973ff et seq.). 

4 (2) DESIGN AND CONDUCT.—The design and 

5 conduct of a pilot program established under this 

6 subsection— 

7 (A) shall be at the discretion of the Presi8 dential designee; and 

9 (B) shall not conflict with or substitute for 

10 existing laws, regulations, or procedures with 

11 respect to the participation of absent uniformed 

12 services voters and military voters in elections 

13 for Federal office. 

14 (c) CONSIDERATIONS.—In conducting a pilot pro15 gram established under subsection (b), the Presidential 

16 designee may consider the following issues: 

17 (1) The transmission of electronic voting mate18 rial across military networks. 

19 (2) Virtual private networks, cryptographic vot20 ing systems, centrally controlled voting stations, and 

21 other information security techniques. 

22 (3) The transmission of ballot representations 

23 and scanned pictures in a secure manner. 

24 (4) Capturing, retaining, and comparing elec25 tronic and physical ballot representations. 
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1 (5) Utilization of voting stations at military 

2 bases. 

3 (6) Document delivery and upload systems. 

4 (7) The functional effectiveness of the applica5 tion or adoption of the pilot program to operational 

6 environments, taking into account environmental 

7 and logistical obstacles and State procedures. 

8 (d) REPORTS.—The Presidential designee shall sub9 mit to Congress reports on the progress and outcomes of 

10 any pilot program conducted under this subsection, to11 gether with recommendations— 

12 (1) for the conduct of additional pilot programs 

13 under this section; and 

14 (2) for such legislation and administrative ac15 tion as the Presidential designee determines appro16 priate. 

17 (e) TECHNICAL ASSISTANCE.— 

18 (1) IN GENERAL.—The Election Assistance 

19 Commission and the National Institute of Standards 

20 and Technology shall work with the Presidential des21 ignee to support the pilot program or programs es22 tablished under this section through best practices 

23 or standards and in accordance with electronic ab24 sentee voting guidelines established under the first 

25 sentence of section 1604(a)(2) of the National De-
268 

†S 1391 ES

1 fense Authorization Act for Fiscal Year 2002 (Pub2 lic Law 107–107; 115 Stat. 1277; 42 U.S.C. 1977ff 

3 note), as amended by section 567 of the Ronald W. 

4 Reagan National Defense Authorization Act for Fis5 cal Year 2005 (Public Law 108–375; 118 Stat. 

6 1919). 

7 (2) REPORT.—In the case where the Election 

8 Assistance Commission has not established electronic 

9 absentee voting guidelines under such section 

10 1604(a)(2), as so amended, by not later than 180 

11 days after enactment of this Act, the Election As12 sistance Commission shall submit to the relevant 

13 committees of Congress a report containing the fol14 lowing information: 

15 (A) The reasons such guidelines have not 

16 been established as of such date. 

17 (B) A detailed timeline for the establish18 ment of such guidelines. 

19 (C) A detailed explanation of the Commis20 sion’s actions in establishing such guidelines 

21 since the date of enactment of the Ronald W. 

22 Reagan National Defense Authorization Act for 

23 Fiscal Year 2005 (Public Law 108–375; 118 

24 Stat. 1919). 
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1 (3) RELEVANT COMMITTEES OF CONGRESS DE2 FINED.—In this subsection, the term ‘‘relevant com3 mittees of Congress’’ means— 

4 (A) the Committees on Appropriations, 

5 Armed Services, and Rules and Administration 

6 of the Senate; and 

7 (B) the Committees on Appropriations, 

8 Armed Services, and House Administration of 

9 the House of Representatives. 

10 (f) AUTHORIZATION OF APPROPRIATIONS.—There 

11 are authorized to be appropriated such sums as are nec12 essary to carry out this section. 

13 TITLE VI—COMPENSATION AND 

14 OTHER PERSONNEL BENEFITS 

15 Subtitle A—Pay and Allowances 

16 SEC. 601. FISCAL YEAR 2010 INCREASE IN MILITARY BASIC 

17 PAY. 

18 (a) WAIVER OF SECTION 1009 ADJUSTMENT.—The 

19 adjustment to become effective during fiscal year 2010 re20 quired by section 1009 of title 37, United States Code, 

21 in the rates of monthly basic pay authorized members of 

22 the uniformed services shall not be made. 

23 (b) INCREASE IN BASIC PAY.—Effective on January 

24 1, 2010, the rates of monthly basic pay for members of 

25 the uniformed services are increased by 3.4 percent. 
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†S 1391 ES

1 SEC. 602. COMPTROLLER GENERAL OF THE UNITED 

2 STATES COMPARATIVE ASSESSMENT OF MILI3 TARY AND PRIVATE-SECTOR PAY AND BENE4 FITS. 

5 (a) STUDY REQUIRED.—The Comptroller General of 

6 the United States shall conduct a study comparing pay 

7 and benefits provided by law to members of the Armed 

8 Forces with pay and benefits provided by the private sec9 tor to comparably situated private-sector employees. 

10 (b) ELEMENTS.—The study required by subsection 

11 (a) shall include, but not be limited to, the following: 

12 (1) An assessment of total military compensa13 tion for officers and for enlisted personnel, including 

14 basic pay, the basic allowance for housing (BAH), 

15 the basic allowance for subsistence (BAS), tax bene16 fits applicable to military pay and allowances under 

17 Federal law (including the Social Security laws) and 

18 State law, military retirement benefits, commissary 

19 and exchange privileges, and military healthcare 

20 benefits. 

21 (2) An assessment of private-sector pay and 

22 benefits for civilians of similar age, education, and 

23 experience in like fields of officers and enlisted per24 sonnel of the Armed Forces, including pay, bonuses, 

25 employee options, fringe benefits, retirement bene26 fits, individual retirement investment benefits, flexi-
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†S 1391 ES

1 ble spending accounts and health savings accounts, 

2 and any other elements of private-sector compensa3 tion that the Comptroller General considers appro4 priate. 

5 (3) An identification of the percentile of com6 parable private-sector compensation at which mem7 bers of the Armed Forces are paid, including an as8 sessment of the adequacy of percentile comparisons 

9 generally and whether the Department of Defense 

10 goal of compensating members of the Armed Forces 

11 at the 80th percentile of comparable private-sector 

12 compensation, as described in the 10th Quadrennial 

13 Review of Military Compensation, is appropriate and 

14 adequate to achieve comparability of pay between 

15 members of the Armed Forces and private-sector 

16 employees. 

17 (c) REPORT.—The Comptroller General shall submit 

18 to the congressional defense committees a report on the 

19 study required by subsection (a) by not later than April 

20 1, 2010. 
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1 SEC. 603. INCREASE IN MAXIMUM MONTHLY AMOUNT OF 

2 SUPPLEMENTAL SUBSISTENCE ALLOWANCE 

3 FOR LOW-INCOME MEMBERS WITH DEPEND4 ENTS. 

5 (a) INCREASE IN MAXIMUM MONTHLY AMOUNT.— 

6 Section 402a(a) of title 37, United States Code, is amend7 ed— 

8 (1) in paragraph (2), by striking ‘‘$500’’ and 

9 inserting ‘‘$1,100’’; and 

10 (2) in paragraph (3)(B), by striking ‘‘$500’’ 

11 and inserting ‘‘$1,100’’. 

12 (b) EFFECTIVE DATE.—The amendments made by 

13 subsection (a) shall take effect on October 1, 2009, and 

14 shall apply with respect to monthly supplemental subsist15 ence allowances for low-income members with dependents 

16 payable on or after that date. 

17 (c) REPORT ON ELIMINATION OF RELIANCE ON SUP18 PLEMENTAL NUTRITION ASSISTANCE PROGRAM TO MEET

19 NUTRITIONAL NEEDS OF MEMBERS OF THE ARMED

20 FORCES AND THEIR DEPENDENTS.— 

21 (1) IN GENERAL.—Not later than September 1, 

22 2010, the Secretary of Defense shall, in consultation 

23 with the Secretary of Agriculture, submit to the con24 gressional defense committees a report setting forth 

25 a plan for actions to eliminate the need for members 

26 of the Armed Forces and their dependents to rely on 
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†S 1391 ES

1 the supplemental nutrition assistance program under 

2 the Food Stamp Act of 1977 (7 U.S.C. 2011 et 

3 seq.) for their monthly nutritional needs. 

4 (2) ELEMENTS.—The plan required by para5 graph (1) shall address the following: 

6 (A) An appropriate amount or amounts for 

7 the monthly supplemental subsistence allowance 

8 for low-income members with dependents pay9 able under section 402a of title 37, United 

10 States Code. 

11 (B) Such modifications, if any, to the eligi12 bility requirements for the monthly supple13 mental subsistence allowance, including limita14 tions on the maximum size of the household of 

15 a member for purposes of eligibility for the al16 lowance, as the Secretary of Defense considers 

17 appropriate. 

18 (C) The advisability of requiring members 

19 of the Armed Forces to apply for the monthly 

20 supplemental subsistence allowance before seek21 ing assistance under the supplemental nutrition 

22 assistance program. 

23 (D) Such other matters as the Secretary of 

24 Defense considers appropriate. 
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†S 1391 ES

1 SEC. 604. BENEFITS UNDER POST-DEPLOYMENT/MOBILIZA2 TION RESPITE ABSENCE PROGRAM FOR CER3 TAIN PERIODS BEFORE IMPLEMENTATION OF 

4 PROGRAM. 

5 (a) IN GENERAL.—Under regulations prescribed by 

6 the Secretary of Defense, the Secretary concerned may 

7 provide any member or former member of the Armed 

8 Forces with the benefits specified in subsection (b) if the 

9 member or former member would, on any day during the 

10 period beginning on January 19, 2007, and ending on the 

11 date of the implementation of the Post-Deployment/Mobi12 lization Respite Absence (PDMRA) program by the Sec13 retary concerned, have qualified for a day of administra14 tive absence under the Post-Deployment/Mobilization Res15 pite Absence program had the program been in effect dur16 ing such period. 

17 (b) BENEFITS.—The benefits specified in this sub18 section are the following: 

19 (1) In the case of an individual who is a former 

20 member of the Armed Forces at the time of the pro21 vision of benefits under this section, payment of an 

22 amount not to exceed $200 for each day the indi23 vidual would have qualified for a day of administra24 tive absence as described in subsection (a) during 

25 the period specified in that subsection. 
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1 (2) In the case of an individual who is a mem2 ber of the Armed Forces at the time of the provision 

3 of benefits under this section, either one day of ad4 ministrative absence or payment of an amount not 

5 to exceed $200, as selected by the Secretary con6 cerned, for each day the individual would have quali7 fied for a day of administrative absence as described 

8 in subsection (a) during the period specified in that 

9 subsection. 

10 (c) EXCLUSION OF CERTAIN FORMER MEMBERS.— 

11 A former member of the Armed Forces is not eligible 

12 under this section for the benefits specified in subsection 

13 (b)(1) if the former member was discharged or released 

14 from the Armed Forces under other than honorable condi15 tions. 

16 (d) MAXIMUM NUMBER OF DAYS OF BENEFITS

17 PROVIDABLE.—The number of days of benefits providable 

18 to a member or former member of the Armed Forces 

19 under this section may not exceed 40 days of benefits. 

20 (e) FORM OF PAYMENT.—The paid benefits 

21 providable under subsection (b) may be paid in a lump 

22 sum or installments, at the election of the Secretary con23 cerned. 

24 (f) CONSTRUCTION WITH OTHER PAY AND LEAVE.— 

25 The benefits provided a member or former member of the 
276 

†S 1391 ES

1 Armed Forces under this section are in addition to any 

2 other pay, absence, or leave provided by law. 

3 (g) DEFINITIONS.—In this section: 

4 (1) The term ‘‘Post-Deployment/Mobilization 

5 Respite Absence program’’ means the program of a 

6 military department to provide days of administra7 tive absence not chargeable against available leave to 

8 certain deployed or mobilized members of the Armed 

9 Forces in order to assist such members in reinte10 grating into civilian life after deployment or mobili11 zation. 

12 (2) The term ‘‘Secretary concerned’’ has the 

13 meaning given that term in section 101(5) of title 

14 37, United States Code. 

15 (h) TERMINATION.— 

16 (1) IN GENERAL.—The authority to provide 

17 benefits under this section shall expire on the date 

18 that is one year after the date of the enactment of 

19 this Act. 

20 (2) CONSTRUCTION.—Expiration under this 

21 subsection of the authority to provide benefits under 

22 this section shall not affect the utilization of any day 

23 of administrative absence provided a member of the 

24 Armed Forces under subsection (b)(2), or the pay25 ment of any payment authorized a member or 
277 

†S 1391 ES

1 former member of the Armed Forces under sub2 section (b), before the expiration of the authority in 

3 this section. 

4 Subtitle B—Bonuses and Special 

5 and Incentive Pays 

6 SEC. 611. EXTENSION OF CERTAIN BONUS AND SPECIAL 

7 PAY AUTHORITIES FOR RESERVE FORCES. 

8 (a) SELECTED RESERVE REENLISTMENT BONUS.— 

9 Section 308b(g) of title 37, United States Code, is amend10 ed by striking ‘‘December 31, 2009’’ and inserting ‘‘De11 cember 31, 2010’’. 

12 (b) SELECTED RESERVE AFFILIATION OR ENLIST13 MENT BONUS.—Section 308c(i) of such title is amended 

14 by striking ‘‘December 31, 2009’’ and inserting ‘‘Decem15 ber 31, 2010’’. 

16 (c) SPECIAL PAY FOR ENLISTED MEMBERS AS17 SIGNED TO CERTAIN HIGH PRIORITY UNITS.—Section 

18 308d(c) of such title is amended by striking ‘‘December 

19 31, 2009’’ and inserting ‘‘December 31, 2010’’. 

20 (d) READY RESERVE ENLISTMENT BONUS FOR PER21 SONS WITHOUT PRIOR SERVICE.—Section 308g(f)(2) of 

22 such title is amended by striking ‘‘December 31, 2009’’ 

23 and inserting ‘‘December 31, 2010’’. 

24 (e) READY RESERVE ENLISTMENT AND REENLIST25 MENT BONUS FOR PERSONS WITH PRIOR SERVICE.—Sec-
278 

†S 1391 ES

1 tion 308h(e) of such title is amended by striking ‘‘Decem2 ber 31, 2009’’ and inserting ‘‘December 31, 2010’’. 

3 (f) SELECTED RESERVE ENLISTMENT BONUS FOR

4 PERSONS WITH PRIOR SERVICE.—Section 308i(f) of such 

5 title is amended by striking ‘‘December 31, 2009’’ and in6 serting ‘‘December 31, 2010’’. 

7 (g) INCOME REPLACEMENT PAYMENTS.—Section 

8 910(g) of such title is amended by striking ‘‘December 31, 

9 2009’’ and inserting ‘‘December 31, 2010’’. 

10 SEC. 612. EXTENSION OF CERTAIN BONUS AND SPECIAL 

11 PAY AUTHORITIES FOR HEALTH CARE PRO12 FESSIONALS. 

13 (a) NURSE OFFICER CANDIDATE ACCESSION PRO14 GRAM.—Section 2130a(a)(1) of title 10, United States 

15 Code, is amended by striking ‘‘December 31, 2009’’ and 

16 inserting ‘‘December 31, 2010’’. 

17 (b) REPAYMENT OF EDUCATION LOANS FOR CER18 TAIN HEALTH PROFESSIONALS WHO SERVE IN THE SE19 LECTED RESERVE.—Section 16302(d) of such title is 

20 amended by striking ‘‘December 31, 2009’’ and inserting 

21 ‘‘December 31, 2010’’. 

22 (c) ACCESSION AND RETENTION BONUSES FOR PSY23 CHOLOGISTS.—Section 302c-1(f) of title 37, United States 

24 Code, is amended by striking ‘‘December 31, 2009’’ and 

25 inserting ‘‘December 31, 2010’’. 
279 

†S 1391 ES

1 (d) ACCESSION BONUS FOR REGISTERED NURSES.— 

2 Section 302d(a)(1) of such title is amended by striking 

3 ‘‘December 31, 2009’’ and inserting ‘‘December 31, 

4 2010’’. 

5 (e) INCENTIVE SPECIAL PAY FOR NURSE ANES6 THETISTS.—Section 302e(a)(1) of such title is amended 

7 by striking ‘‘December 31, 2009’’ and inserting ‘‘Decem8 ber 31, 2010’’. 

9 (f) SPECIAL PAY FOR SELECTED RESERVE HEALTH

10 PROFESSIONALS IN CRITICALLY SHORT WARTIME SPE11 CIALTIES.—Section 302g(e) of such title is amended by 

12 striking ‘‘December 31, 2009’’ and inserting ‘‘December 

13 31, 2010’’. 

14 (g) ACCESSION BONUS FOR DENTAL OFFICERS.— 

15 Section 302h(a)(1) of such title is amended by striking 

16 ‘‘December 31, 2009’’ and inserting ‘‘December 31, 

17 2010’’. 

18 (h) ACCESSION BONUS FOR PHARMACY OFFICERS.— 

19 Section 302j(a) of such title is amended by striking ‘‘De20 cember 31, 2009’’ and inserting ‘‘December 31, 2010’’. 

21 (i) ACCESSION BONUS FOR MEDICAL OFFICERS IN

22 CRITICALLY SHORT WARTIME SPECIALTIES.—Section 

23 302k(f) of such title is amended by striking ‘‘December 

24 31, 2009’’ and inserting ‘‘December 31, 2010’’. 
280 

†S 1391 ES

1 (j) ACCESSION BONUS FOR DENTAL SPECIALIST OF2 FICERS IN CRITICALLY SHORT WARTIME SPECIALTIES.— 

3 Section 302l(g) of such title is amended by striking ‘‘De4 cember 31, 2009’’ and inserting ‘‘December 31, 2010’’. 

5 SEC. 613. EXTENSION OF SPECIAL PAY AND BONUS AU6 THORITIES FOR NUCLEAR OFFICERS. 

7 (a) SPECIAL PAY FOR NUCLEAR-QUALIFIED OFFI8 CERS EXTENDING PERIOD OF ACTIVE SERVICE.—Section 

9 312(f) of title 37, United States Code, is amended by 

10 striking ‘‘December 31, 2009’’ and inserting ‘‘December 

11 31, 2010’’. 

12 (b) NUCLEAR CAREER ACCESSION BONUS.—Section 

13 312b(c) of such title is amended by striking ‘‘December 

14 31, 2009’’ and inserting ‘‘December 31, 2010’’. 

15 (c) NUCLEAR CAREER ANNUAL INCENTIVE

16 BONUS.—Section 312c(d) of such title is amended by 

17 striking ‘‘December 31, 2009’’ and inserting ‘‘December 

18 31, 2010’’. 

19 SEC. 614. EXTENSION OF AUTHORITIES RELATING TO TITLE 

20 37 CONSOLIDATED SPECIAL PAY, INCENTIVE 

21 PAY, AND BONUS AUTHORITIES. 

22 (a) GENERAL BONUS AUTHORITY FOR ENLISTED

23 MEMBERS.—Section 331(h) of title 37, United States 

24 Code, is amended by striking ‘‘December 31, 2009’’ and 

25 inserting ‘‘December 31, 2010’’. 
281 

†S 1391 ES

1 (b) GENERAL BONUS AUTHORITY FOR OFFICERS.— 

2 Section 332(g) of such title is amended by striking ‘‘De3 cember 31, 2009’’ and inserting ‘‘December 31, 2010’’. 

4 (c) SPECIAL BONUS AND INCENTIVE PAY AUTHORI5 TIES FOR NUCLEAR OFFICERS.—Section 333(i) of such 

6 title is amended by striking ‘‘December 31, 2009’’ and in7 serting ‘‘December 31, 2010’’. 

8 (d) SPECIAL AVIATION INCENTIVE PAY AND BONUS

9 AUTHORITIES.—Section 334(i) of such title is amended by 

10 striking ‘‘December 31, 2009’’ and inserting ‘‘December 

11 31, 2010’’. 

12 (e) SPECIAL HEALTH PROFESSIONS INCENTIVE PAY

13 AND BONUS AUTHORITIES.—Section 335(k) of such title 

14 is amended by striking ‘‘December 31, 2009’’ and insert15 ing ‘‘December 31, 2010’’. 

16 (f) HAZARDOUS DUTY PAY.—Section 351(i) of such 

17 title is amended by striking ‘‘December 31, 2009’’ and in18 serting ‘‘December 31, 2010’’. 

19 (g) ASSIGNMENT PAY OR SPECIAL DUTY PAY.—Sec20 tion 352(g) of such title is amended by striking ‘‘Decem21 ber 31, 2009’’ and inserting ‘‘December 31, 2010’’. 

22 (h) SKILL INCENTIVE PAY OR PROFICIENCY

23 BONUS.—Section 353(j) of such title is amended by strik24 ing ‘‘December 31, 2009’’ and inserting ‘‘December 31, 

25 2010’’. 
282 

†S 1391 ES

1 (i) RETENTION BONUS FOR MEMBERS WITH CRIT2 ICAL MILITARY SKILLS OR ASSIGNED TO HIGH PRIORITY

3 UNITS.—Section 355(i) of such title is amended by strik4 ing ‘‘December 31, 2009’’ and inserting ‘‘December 31, 

5 2010’’. 

6 SEC. 615. EXTENSION OF AUTHORITIES RELATING TO PAY7 MENT OF OTHER TITLE 37 BONUSES AND SPE8 CIAL PAYS. 

9 (a) AVIATION OFFICER RETENTION BONUS.—Sec10 tion 301b(a) of title 37, United States Code, is amended 

11 by striking ‘‘December 31, 2009’’ and inserting ‘‘Decem12 ber 31, 2010’’. 

13 (b) ASSIGNMENT INCENTIVE PAY.—Section 307a(g) 

14 of such title is amended by striking ‘‘December 31, 2009’’ 

15 and inserting ‘‘December 31, 2010’’. 

16 (c) REENLISTMENT BONUS FOR ACTIVE MEM17 BERS.—Section 308(g) of such title is amended by strik18 ing ‘‘December 31, 2009’’ and inserting ‘‘December 31, 

19 2010’’. 

20 (d) ENLISTMENT BONUS.—Section 309(e) of such 

21 title is amended by striking ‘‘December 31, 2009’’ and in22 serting ‘‘December 31, 2010’’. 

23 (e) ACCESSION BONUS FOR NEW OFFICERS IN CRIT24 ICAL SKILLS.—Section 324(g) of such title is amended by 
283 

†S 1391 ES

1 striking ‘‘December 31, 2009’’ and inserting ‘‘December 

2 31, 2010’’. 

3 (f) INCENTIVE BONUS FOR CONVERSION TO MILI4 TARY OCCUPATIONAL SPECIALTY TO EASE PERSONNEL

5 SHORTAGE.—Section 326(g) of such title is amended by 

6 striking ‘‘December 31, 2009’’ and inserting ‘‘December 

7 31, 2010’’. 

8 (g) INCENTIVE BONUS FOR TRANSFER BETWEEN

9 ARMED FORCES.—Section 327(h) of such title is amended 

10 by striking ‘‘December 31, 2009’’ and inserting ‘‘Decem11 ber 31, 2010’’. 

12 (h) ACCESSION BONUS FOR OFFICER CAN13 DIDATES.—Section 330(f) of such title is amended by 

14 striking ‘‘December 31, 2009’’ and inserting ‘‘December 

15 31, 2010’’. 

16 SEC. 616. EXTENSION OF AUTHORITIES RELATING TO PAY17 MENT OF REFERRAL BONUSES. 

18 (a) HEALTH PROFESSIONS REFERRAL BONUS.—Sec19 tion 1030(i) of title 10, United States Code, is amended 

20 by striking ‘‘December 31, 2009’’ and inserting ‘‘Decem21 ber 31, 2010’’. 

22 (b) ARMY REFERRAL BONUS.—Section 3252(h) of 

23 such title is amended by striking ‘‘December 31, 2009’’ 

24 and inserting ‘‘December 31, 2010’’. 
284 

†S 1391 ES

1 SEC. 617. SPECIAL COMPENSATION FOR MEMBERS OF THE 

2 UNIFORMED SERVICES WITH SERIOUS INJU3 RIES OR ILLNESSES REQUIRING ASSISTANCE 

4 IN EVERYDAY LIVING. 

5 (a) IN GENERAL.—Chapter 7 of title 37, United 

6 States Code, is amended by adding at the end the fol7 lowing new section: 

8 ‘‘§ 439. Special compensation: members of the uni9 formed services with serious injuries or 

10 illnesses requiring assistance in everyday 

11 living 

12 ‘‘(a) MONTHLY COMPENSATION.—The Secretary con13 cerned may pay to any member of the uniformed services 

14 described in subsection (b) monthly special compensation 

15 in an amount determined under subsection (c). 

16 ‘‘(b) COVERED MEMBERS.—A member eligible for 

17 monthly special compensation authorized by subsection (a) 

18 is a member who— 

19 ‘‘(1) has been certified by a licensed physician 

20 to be in need of assistance from another person to 

21 perform the personal functions required in everyday 

22 living; 

23 ‘‘(2) has a serious injury, disorder, or disease of 

24 either a temporary or permanent nature that— 

25 ‘‘(A) is incurred or aggravated in the line 

26 of duty; and 
285 

†S 1391 ES

1 ‘‘(B) compromises the member’s ability to 

2 carry out one or more activities of daily living 

3 or requires the member to be constantly super4 vised to avoid physical harm to the member or 

5 to others; and 

6 ‘‘(3) meets such other criteria, if any, as the 

7 Secretary of Defense (or the Secretary of Homeland 

8 Security, with respect to the Coast Guard) pre9 scribes for purposes of this section. 

10 ‘‘(c) AMOUNT.—(1) The amount of monthly special 

11 compensation payable to a member under subsection (a) 

12 shall be determined under criteria prescribed by the Sec13 retary of Defense (or the Secretary of Homeland Security, 

14 with respect to the Coast Guard), but may not exceed the 

15 amount of aid and attendance allowance authorized by 

16 section 1114(r)(2) of title 38 for veterans in need of aid 

17 and attendance. 

18 ‘‘(2) In determining the amount of monthly special 

19 compensation, the Secretary concerned shall consider the 

20 following: 

21 ‘‘(A) The extent to which home health care and 

22 related services are being provided by the Govern23 ment. 

24 ‘‘(B) The extent to which aid and attendance 

25 services are being provided by family and friends 
286 

†S 1391 ES

1 who may be compensated with funds provided 

2 through the monthly special compensation. 

3 ‘‘(d) PAYMENT UNTIL MEDICAL RETIREMENT.— 

4 Monthly special compensation is payable under this sec5 tion to a member described in subsection (b) for any 

6 month that begins before the date on which the member 

7 is medically retired. 

8 ‘‘(e) CONSTRUCTION WITH OTHER PAY AND ALLOW9 ANCES.—Monthly special compensation payable to a mem10 ber under this section is in addition to any other pay and 

11 allowances payable to the member by law. 

12 ‘‘(f) BENEFIT INFORMATION.—The Secretary of De13 fense, in collaboration with the Secretary of Veterans Af14 fairs, shall ensure that members of the uniformed services 

15 who may be eligible for compensation under this section 

16 are made aware of the availability of such compensation 

17 by including information about such compensation in writ18 ten and online materials for such members and their fami19 lies. 

20 ‘‘(g) REGULATIONS.—The Secretary of Defense (or 

21 the Secretary of Homeland Security, with respect to the 

22 Coast Guard) shall prescribe regulations to carry out this 

23 section.’’. 

24 (b) REPORT TO CONGRESS.— 
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†S 1391 ES

1 (1) IN GENERAL.—Not later than one year 

2 after the date of the enactment of this Act, the Sec3 retary of Defense (and the Secretary of Homeland 

4 Security, with respect to the Coast Guard) shall sub5 mit to Congress a report on the provision of com6 pensation under section 439 of title 37, United 

7 States Code, as added by subsection (a) of this sec8 tion. 

9 (2) ELEMENTS.—The report required by para10 graph (1) shall include the following: 

11 (A) An estimate of the number of members 

12 of the uniformed services eligible for compensa13 tion under such section 439. 

14 (B) The number of members of the uni15 formed services receiving compensation under 

16 such section. 

17 (C) The average amount of compensation 

18 provided to members of the uniformed services 

19 receiving such compensation. 

20 (D) The average amount of time required 

21 for a member of the uniformed services to re22 ceive such compensation after the member be23 comes eligible for the compensation. 

24 (E) A summary of the types of injuries, 

25 disorders, and diseases of members of the uni-
288 

†S 1391 ES

1 formed services receiving such compensation 

2 that made such members eligible for such com3 pensation. 

4 (c) CLERICAL AMENDMENT.—The table of sections 

5 at the beginning of chapter 7 of such title is amended by 

6 adding at the end the following new item: 

‘‘439. Special compensation: members of the uniformed services with serious injuries or illnesses requiring assistance in everyday living.’’. 

7 SEC. 618. TEMPORARY AUTHORITY FOR MONTHLY SPECIAL 

8 PAY FOR MEMBERS OF THE ARMED FORCES 

9 SUBJECT TO CONTINUING ACTIVE DUTY OR 

10 SERVICE UNDER STOP-LOSS AUTHORITIES. 

11 (a) SPECIAL PAY AUTHORIZED.—The Secretary of 

12 the military department concerned may pay monthly spe13 cial pay to any member of the Armed Forces described 

14 in subsection (b) for any month or portion of a month 

15 in which the member serves on active duty in the Armed 

16 Forces or active status in a reserve component of the 

17 Armed Forces, including time served performing pre-de18 ployment and re-integration duty regardless of whether or 

19 not such duty was performed by such a member on active 

20 duty in the Armed Forces, or has the member’s eligibility 

21 for retirement from the Armed Forces suspended, as de22 scribed in that subsection. 

23 (b) COVERED MEMBERS.—A member of the Armed 

24 Forces described in this subsection is any member of the 
289 

†S 1391 ES

1 Army, Navy, Air Force, or Marine Corps (including a 

2 member of a reserve component thereof) who, at any time 

3 during the period beginning on October 1, 2009, and end4 ing on June 30, 2011, serves on active duty in the Armed 

5 Forces or active status in a reserve component of the 

6 Armed Forces, including time served performing pre-de7 ployment and re-integration duty regardless of whether or 

8 not such duty was performed by such a member on active 

9 duty in the Armed Forces, while the member’s enlistment 

10 or period of obligated service is extended, or has the mem11 ber’s eligibility for retirement suspended, pursuant to sec12 tion 123 or 12305 of title 10, United States Code, or any 

13 other provision of law (commonly referred to as a ‘‘stop14 loss authority’’) authorizing the President to extend an en15 listment or period of obligated service, or suspend eligi16 bility for retirement, of a member of the uniformed serv17 ices in time of war or of national emergency declared by 

18 Congress or the President. 

19 (c) AMOUNT.—The amount of monthly special pay 

20 payable to a member under this section for a month may 

21 not exceed $500. 

22 (d) CONSTRUCTION WITH OTHER PAYS.—Monthly 

23 special pay payable to a member under this section is in 

24 addition to any other amounts payable to the member by 

25 law. 
290 

†S 1391 ES

1 Subtitle C—Travel and 

2 Transportation Allowances 

3 SEC. 631. TRAVEL AND TRANSPORTATION ALLOWANCES 

4 FOR DESIGNATED INDIVIDUALS OF WOUND5 ED, ILL, OR INJURED MEMBERS OF THE UNI6 FORMED SERVICES FOR DURATION OF INPA7 TIENT TREATMENT. 

8 (a) AUTHORITY TO PROVIDE TRAVEL TO DES9 IGNATED INDIVIDUALS.—Subsection (a) of section 411h 

10 of title 37, United States Code, is amended— 

11 (1) in paragraph (1)— 

12 (A) by striking ‘‘family members of a 

13 member described in paragraph (2)’’ and insert14 ing ‘‘individuals who, with respect to a member 

15 described in paragraph (2), are designated indi16 viduals for that member’’; 

17 (B) by striking ‘‘that the presence of the 

18 family member’’ and inserting ‘‘, with respect to 

19 any such individual, that the presence of such 

20 individual’’; and 

21 (C) by striking ‘‘of family members’’ and 

22 inserting ‘‘of designated individuals’’; and 

23 (2) by adding at the end the following new 

24 paragraph: 
291 

†S 1391 ES

1 ‘‘(4) In the case of a designated individual who is also 

2 a member of the uniformed services, that member may be 

3 provided travel and transportation under this section in 

4 the same manner as a designated individual who is not 

5 a member.’’. 

6 (b) DEFINITION OF DESIGNATED INDIVIDUAL.— 

7 (1) IN GENERAL.—Paragraph (1) of subsection 

8 (b) of such section is amended by striking ‘‘the 

9 term’’ and all that follows and inserting ‘‘the term 

10 ‘designated individual’, with respect to a member, 

11 means— 

12 ‘‘(A) an individual designated by the member 

13 for the purposes of this section; or 

14 ‘‘(B) in the case of a member who has not 

15 made a designation under subparagraph (A) and, as 

16 determined by the attending physician or surgeon, is 

17 not able to make such a designation, an individual 

18 who, as designated by the attending physician or 

19 surgeon and the commander or head of the military 

20 medical facility exercising control over the member, 

21 is someone with a personal relationship to the mem22 ber whose presence may aid and support the health 

23 and welfare of the member during the duration of 

24 the member’s inpatient treatment.’’. 
292 

†S 1391 ES

1 (2) DESIGNATIONS NOT PERMANENT.—Para2 graph (2) of such subsection is amended to read as 

3 follows: 

4 ‘‘(2) The designation of an individual as a designated 

5 individual for purposes of this section may be changed at 

6 any time.’’. 

7 (c) COVERAGE OF MEMBERS HOSPITALIZED OUT8 SIDE THE UNITED STATES WHO WERE WOUNDED OR IN9 JURED IN A COMBAT OPERATION OR COMBAT ZONE.— 

10 (1) COVERAGE FOR HOSPITALIZATION OUTSIDE

11 THE UNITED STATES.—Subparagraph (B) of section 

12 (a)(2) of such section is amended— 

13 (A) in clause (i), by striking ‘‘in or outside 

14 the United States’’; and 

15 (B) in clause (ii), by striking ‘‘in the 

16 United States’’. 

17 (2) CLARIFICATION OF MEMBERS COVERED.— 

18 Such subparagraph is further amended— 

19 (A) in clause (i), by inserting ‘‘seriously 

20 wounded,’’ after ‘‘(i) is’’; and 

21 (B) in clause (ii)— 

22 (i) by striking ‘‘an injury’’ and insert23 ing ‘‘a wound or an injury’’; and 

24 (ii) by striking ‘‘that injury’’ and in25 serting ‘‘that wound or injury’’. 
293 

†S 1391 ES

1 (d) COVERAGE OF MEMBERS WITH SERIOUS MEN2 TAL DISORDERS.— 

3 (1) IN GENERAL.—Subsection (a)(2)(B)(i) of 

4 such section, as amended by subsection (c) of this 

5 section, is further amended by inserting ‘‘(including 

6 having a serious mental disorder)’’ after ‘‘seriously 

7 injured’’. 

8 (2) SERIOUS MENTAL DISORDER DEFINED.— 

9 Subsection (b) of such section 411h, as amended by 

10 subsection (b) of this section, is further amended by 

11 adding at the end the following new paragraph: 

12 ‘‘(4)(A) In this section, the term ‘serious mental dis13 order’, in the case of a member, means that the member 

14 has been diagnosed with a mental disorder that requires 

15 intensive mental health treatment or hospitalization. 

16 ‘‘(B) The circumstances in which a member shall be 

17 considered to have a serious mental disorder for purposes 

18 of this section shall include, but not be limited to, the fol19 lowing: 

20 ‘‘(i) The member is considered to be a potential 

21 danger to self or others as a result of a diagnosed 

22 mental disorder that requires intensive mental health 

23 treatment or hospitalization. 
294 

†S 1391 ES

1 ‘‘(ii) The member is diagnosed with a mental 

2 disorder and has psychotic symptoms that require 

3 intensive mental health treatment or hospitalization. 

4 ‘‘(iii) The member is diagnosed with a mental 

5 disorder and has severe symptoms or severe impair6 ment in functioning that require intensive mental 

7 health treatment or hospitalization.’’. 

8 (e) FREQUENCY OF AUTHORIZED TRAVEL.—Para9 graph (3) of subsection (a) of such section 411h is amend10 ed to read as follows: 

11 ‘‘(3) Not more than a total of three roundtrips may 

12 be provided under paragraph (1) in any 60-day period at 

13 Government expense to the individuals who, with respect 

14 to a member, are the designated individuals of that mem15 ber in effect during that period. However, if the Secretary 

16 concerned has granted a waiver under the second sentence 

17 of paragraph (1) with respect to a member, then for any 

18 60-day period in which the waiver is in effect the limita19 tion in the preceding sentence shall be adjusted accord20 ingly. In addition, during any period during which there 

21 is in effect a non-medical attendant designation for a 

22 member under section 411h–1 of this title, not more than 

23 a total of two roundtrips may be provided under para24 graph (1) in any 60-day period at Government expense 

25 until there no longer is a designation of a non-medical at-
295 

†S 1391 ES

1 tendant or that designation transfers to another indi2 vidual, in which case during the transfer period three 

3 roundtrip tickets may be provided.’’. 

4 (f) STYLISTIC AND CONFORMING AMENDMENTS.— 

5 Such section is further amended— 

6 (1) in subsection (a), by striking ‘‘(a)(1)’’ and 

7 inserting ‘‘(a) TRAVEL AND TRANSPORTATION AU8 THORIZED.—(1)’’; 

9 (2) in subsection (b)— 

10 (A) by striking ‘‘(b)(1)’’ and inserting ‘‘(b) 

11 DEFINITIONS.—(1)’’; and 

12 (B) in paragraph (3)— 

13 (i) by inserting ‘‘(A)’’ after ‘‘(3)’’; and 

14 (ii) by adding at the end the following 

15 new subparagraph: 

16 ‘‘(B) In this paragraph, the term ‘family member’, 

17 with respect to a member, means the following: 

18 ‘‘(i) The member’s spouse. 

19 ‘‘(ii) Children of the member (including step20 children, adopted children, and illegitimate children). 

21 ‘‘(iii) Parents of the member or persons in loco 

22 parentis to the member, including fathers and moth23 ers through adoption and persons who stood in loco 

24 parentis to the member for a period not less than 

25 one year immediately before the member entered the 
296 

†S 1391 ES

1 uniformed service, except that only one father and 

2 one mother or their counterparts in loco parentis 

3 may be recognized in any one case. 

4 ‘‘(iv) Siblings of the member. 

5 ‘‘(v) A person related to the member as de6 scribed in clause (i), (ii), (iii), or (iv) who is also a 

7 member of the uniformed services.’’; 

8 (3) in subsection (c)— 

9 (A) by striking ‘‘(c)(1)’’ and inserting ‘‘(c) 

10 ROUND TRIP TRANSPORTATION AND PER DIEM

11 ALLOWANCE.—(1)’’; and 

12 (B) in paragraph (1), by striking ‘‘family 

13 member’’ and inserting ‘‘designated individual’’; 

14 and 

15 (4) in subsection (d), by striking ‘‘(d)(1)’’ and 

16 inserting ‘‘(d) METHOD OF TRANSPORTATION AU17 THORIZED.—(1)’’. 

18 (g) CLERICAL AMENDMENTS.— 

19 (1) SECTION HEADING.—The heading of such 

20 section is amended to read as follows: 
297 

†S 1391 ES

1 ‘‘§ 411h. Travel and transportation allowances: trans2 portation of designated individuals inci3 dent to hospitalization of members for 

4 treatment of wounds, illness, or injury’’. 

5 (2) TABLE OF SECTIONS.—The item relating to 

6 such section in the table of sections at the beginning 

7 of chapter 7 of such title is amended to read as fol8 lows: 

‘‘411h. Travel and transportation allowances: transportation of designated individuals incident to hospitalization of members for treatment of 

wounds, illness, or injury.’’. 

9 (h) CONFORMING AMENDMENT TO WOUNDED WAR10 RIOR ACT.—Section 1602(4) of the Wounded Warrior Act 

11 (10 U.S.C. 1071 note) is amended by striking 

12 ‘‘411h(b)(1)’’ and inserting ‘‘411h(b)(3)(B)’’. 

13 (i) APPLICABILITY OF AMENDMENTS.—No reim14 bursement may be provided under section 411h of title 37, 

15 United States Code, by reason of the amendments made 

16 by this section for travel and transportation costs incurred 

17 before the date of the enactment of this Act. 

18 SEC. 632. TRAVEL AND TRANSPORTATION ALLOWANCES 

19 FOR NON-MEDICAL ATTENDANTS OF SERI20 OUSLY WOUNDED, ILL, OR INJURED MEM21 BERS OF THE UNIFORMED SERVICES. 

22 (a) PAYMENT OF TRAVEL COSTS AUTHORIZED.— 
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†S 1391 ES

1 (1) IN GENERAL.—Chapter 7 of title 37, United 

2 States Code, is mended by inserting after section 

3 411h the following new section: 

4 ‘‘§ 411h–1. Travel and transportation allowances: 

5 transportation of non-medical attendants 

6 for members who are seriously wounded, 

7 ill, or injured 

8 ‘‘(a) IN GENERAL.—Under uniform regulations pre9 scribed by the Secretaries concerned, travel and transpor10 tation described in subsection (d) may be provided for a 

11 qualified non-medical attendant for a member of the uni12 formed services described in subsection (c) if the attending 

13 physician or surgeon and the commander or head of the 

14 military medical facility exercising control over the mem15 ber jointly determine that the presence of such an attend16 ant may contribute to the member’s health and welfare. 

17 ‘‘(b) QUALIFIED NON-MEDICAL ATTENDANT.—For 

18 purposes of this section, a qualified non-medical attendant 

19 with respect to a member described in subsection (c) is 

20 an individual who— 

21 ‘‘(1) the member designates for purposes of this 

22 section to be a non-medical attendant for the mem23 ber; or 

24 ‘‘(2) the attending physician or surgeon and the 

25 commander or head of the military medical facility 
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1 exercising control over the member jointly determine 

2 is an appropriate non-medical attendant for the 

3 member whose presence may contribute to the mem4 ber’s health and welfare. 

5 ‘‘(c) COVERED MEMBERS.—A member of the uni6 formed services described in this subsection is a member 

7 who— 

8 ‘‘(1) is serving on active duty, is entitled to pay 

9 and allowances under section 204(g) of this title (or 

10 would be so entitled if not for offsetting earned in11 come described in that subsection), or is retired for 

12 the wound, illness, or injury for which the member 

13 is categorized as described in paragraph (2); 

14 ‘‘(2) has been determined by the attending phy15 sician or surgeon to be in the category known as 

16 ‘very seriously wounded, ill, or injured’ or in the cat17 egory known as ‘seriously wounded, ill, and injured’; 

18 and 

19 ‘‘(3) either— 

20 ‘‘(A) is hospitalized for treatment of the 

21 wound, illness, or injury for which the member 

22 is so categorized; or 

23 ‘‘(B) requires continuing outpatient treat24 ment for such wound, illness, or injury. 
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1 ‘‘(d) TRAVEL AND TRANSPORTATION.—(1)(A) The 

2 transportation authorized by subsection (a) for a qualified 

3 non-medical attendant for a member is round-trip trans4 portation between the home of the attendant and the loca5 tion at which the member is receiving treatment, including 

6 transportation, while accompanying the member, to any 

7 other location to which the member is subsequently trans8 ferred for further treatment. 

9 ‘‘(B) In addition to the transportation authorized by 

10 subsection (a), the Secretary concerned may provide a per 

11 diem allowance or reimbursement, or a combination there12 of, for the actual and necessary expenses of travel as de13 scribed in subparagraph (A), but at rates not to exceed 

14 the rates for travel established under section 404(d) of 

15 this title. 

16 ‘‘(2) The transportation authorized by subsection (a) 

17 includes transportation, while accompanying the member, 

18 necessary to obtain treatment for the member at the loca19 tion to which the member is permanently assigned. 

20 ‘‘(3) The transportation authorized by subsection (a) 

21 may be provided by any means as follows: 

22 ‘‘(A) Transportation in-kind. 

23 ‘‘(B) A monetary allowance in place of trans24 portation in-kind. 
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1 ‘‘(C) Reimbursement for the cost of commercial 

2 transportation. 

3 ‘‘(4) An allowance payable under this subsection may 

4 be paid in advance. 

5 ‘‘(5) Reimbursement payable under this subsection 

6 for air travel may not exceed the cost of Government-pro7 cured commercial round-trip air travel. 

8 ‘‘(e) COORDINATION WITH TRANSPORTATION AND

9 ALLOWANCES FOR DESIGNATED INDIVIDUALS.—An indi10 vidual may not receive travel and transportation allow11 ances under section 411h of this title and this section si12 multaneously.’’. 

13 (2) CLERICAL AMENDMENT.—The table of sec14 tions at the beginning of chapter 7 of such title is 

15 amended by inserting after the item related to sec16 tion 411h the following new item: 

‘‘411h–1. Travel and transportation allowances: transportation of non-medical 

attendants for members who are seriously wounded, ill, or injured.’’. 

17 (b) APPLICABILITY.—No reimbursement may be pro18 vided under section 411h–1 of title 37, United States Code 

19 (as added by subsection (a)), for any costs of travel or 

20 transportation incurred before the date of the enactment 

21 of this Act. 
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1 SEC. 633. TRAVEL AND TRANSPORTATION ALLOWANCES 

2 FOR MEMBERS OF THE RESERVE COMPO3 NENTS OF THE ARMED FORCES ON LEAVE 

4 FOR SUSPENSION OF TRAINING. 

5 (a) ALLOWANCES AUTHORIZED.— 

6 (1) IN GENERAL.—Chapter 7 of title 37, United 

7 States Code, is amended by inserting after section 

8 411j the following new section: 

9 ‘‘§ 411k. Travel and transportation allowances: travel 

10 performed by certain members of the re11 serve components of the armed forces in 

12 connection with leave for suspension of 

13 training 

14 ‘‘(a) ALLOWANCE AUTHORIZED.—The Secretary con15 cerned may reimburse or provide transportation to a mem16 ber of a reserve component of the armed forces on active 

17 duty for a period of more than 30 days who is performing 

18 duty at a temporary duty station for travel between the 

19 member’s temporary duty station and the member’s per20 manent duty station in connection with authorized leave 

21 pursuant to a suspension of training. 

22 ‘‘(b) MINIMUM DISTANCE BETWEEN STATIONS.—A 

23 member may be paid for or provided transportation under 

24 subsection (a) only as follows: 

25 ‘‘(1) In the case of a member who travels be26 tween a temporary duty station and permanent duty 
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1 station by air transportation, if the distance between 

2 such stations is not less than 300 miles. 

3 ‘‘(2) In the case of a member who travels be4 tween a temporary duty station and permanent duty 

5 station by ground transportation, if the distance be6 tween such stations is more than the normal com7 muting distance from the permanent duty station 

8 (as determined under the regulations prescribed 

9 under subsection (e)). 

10 ‘‘(c) MINIMUM PERIOD OF SUSPENSION OF TRAIN11 ING.—A member may be paid for or provided transpor12 tation under subsection (a) only in connection with a sus13 pension of training covered by that subsection that is five 

14 days or more in duration. 

15 ‘‘(d) LIMITATION ON REIMBURSEMENT.—The 

16 amount a member may be paid under subsection (a) for 

17 travel may not exceed the amount that would be paid by 

18 the government (as determined under the regulations pre19 scribed under subsection (e)) for the least expensive means 

20 of travel between the duty stations concerned. 

21 ‘‘(e) REGULATIONS.—The Secretary concerned shall 

22 prescribe regulations to carry out this section. Regulations 

23 prescribed by the Secretary of a military department shall 

24 be subject to the approval of the Secretary of Defense.’’. 
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1 (2) CLERICAL AMENDMENT.—The table of sec2 tions at the beginning of chapter 7 of such title is 

3 amended by inserting after the item relating to sec4 tion 411j the following new item: 

‘‘411k. Travel and transportation allowances: travel performed by certain members of the reserve components of the armed forces in connection with leave for suspension of training.’’. 

5 (b) EFFECTIVE DATE.—The amendments made by 

6 subsection (a) shall take effect on the date of the enact7 ment of this Act, and shall apply with respect to travel 

8 that occurs on or after that date. 

9 SEC. 634. REIMBURSEMENT OF TRAVEL EXPENSES OF MEM10 BERS OF THE ARMED FORCES ON ACTIVE 

11 DUTY AND THEIR DEPENDENTS FOR TRAVEL 

12 FOR SPECIALTY CARE UNDER EXCEPTIONAL 

13 CIRCUMSTANCES. 

14 (a) REIMBURSEMENT AUTHORIZED.—Section 1074i 

15 of title 10, United States Code, is amended— 

16 (1) by redesignating subsections (b) and (c) as 

17 subsections (c) and (d), respectively; and 

18 (2) by inserting after subsection (a) the fol19 lowing new subsection (b): 

20 ‘‘(b) REIMBURSEMENT FOR TRAVEL UNDER EXCEP21 TIONAL CIRCUMSTANCES.—The Secretary of Defense may 

22 provide reimbursement for reasonable travel expenses of 

23 travel of members of the armed forces on active duty and 

24 their dependents, and accompaniment, to a specialty care 
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1 provider not otherwise authorized by subsection (a) under 

2 such exceptional circumstances as the Secretary considers 

3 appropriate for purposes of this section.’’. 

4 (b) TECHNICAL AMENDMENT.—Subsection (a) of 

5 such section is amended by inserting ‘‘of Defense’’ after 

6 ‘‘the Secretary’’. 

7 SEC. 635. TRAVEL AND TRANSPORTATION FOR SURVIVORS 

8 OF DECEASED MEMBERS OF THE UNI9 FORMED SERVICES TO ATTEND MEMORIAL 

10 CEREMONIES. 

11 (a) ALLOWANCES AUTHORIZED.—Subsection (a) of 

12 section 411f of title 37, United States Code, is amended— 

13 (1) by redesignating paragraph (2) as para14 graph (3); and 

15 (2) by inserting after paragraph (1) the fol16 lowing new paragraph (2): 

17 ‘‘(2) The Secretary concerned may provide round trip 

18 travel and transportation allowances to eligible relatives 

19 of a member of the uniformed services who dies while on 

20 active duty in order that the eligible relatives may attend 

21 a memorial service for the deceased member that occurs 

22 at a location other than the location of the burial ceremony 

23 for which travel and transportation allowances are pro24 vided under paragraph (1). Travel and transportation al25 lowances may be provided under this paragraph for travel 
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1 of eligible relatives to only one memorial service for the 

2 deceased member concerned.’’. 

3 (b) CONFORMING AMENDMENTS.—Subsection (c) of 

4 such section is amended— 

5 (1) by striking ‘‘subsection (a)(1)’’ the first 

6 place it appears and inserting ‘‘paragraphs (1) and 

7 (2) of subsection (a)’’; and 

8 (2) by striking ‘‘subsection (a)(1)’’ the second 

9 place it appears and inserting ‘‘paragraph (1) or (2) 

10 of subsection (a)’’. 

11 Subtitle D—Other Matters 

12 SEC. 651. AUTHORITY TO CONTINUE PROVISION OF INCEN13 TIVES AFTER TERMINATION OF TEMPORARY 

14 ARMY AUTHORITY TO PROVIDE ADDITIONAL 

15 RECRUITMENT INCENTIVES. 

16 Subsection (i) of section 681 of the National Defense 

17 Authorization Act for Fiscal Year 2006 (Public Law 109– 

18 163; 119 Stat. 3321) is amended to read as follows: 

19 ‘‘(i) TERMINATION OF AUTHORITY.— 

20 ‘‘(1) IN GENERAL.—The Secretary may not de21 velop an incentive under this section, or first provide 

22 an incentive developed under this section to an indi23 vidual, after December 31, 2009. 

24 ‘‘(2) CONTINUATION OF INCENTIVES.—Nothing 

25 in paragraph (1) shall be construed to prohibit or 
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1 limit the continuing provision to an individual after 

2 the date specified in that paragraph of an incentive 

3 first provided the individual under this section be4 fore that date.’’. 

5 SEC. 652. REPEAL OF REQUIREMENT OF REDUCTION OF 

6 SBP SURVIVOR ANNUITIES BY DEPENDENCY 

7 AND INDEMNITY COMPENSATION. 

8 (a) REPEAL.— 

9 (1) IN GENERAL.—Subchapter II of chapter 73 

10 of title 10, United States Code, is amended as fol11 lows: 

12 (A) In section 1450, by striking subsection 

13 (c). 

14 (B) In section 1451(c)— 

15 (i) by striking paragraph (2); and 

16 (ii) by redesignating paragraphs (3) 

17 and (4) as paragraphs (2) and (3), respec18 tively. 

19 (2) CONFORMING AMENDMENTS.—Such sub20 chapter is further amended as follows: 

21 (A) In section 1450— 

22 (i) by striking subsection (e); 

23 (ii) by striking subsection (k); and 

24 (iii) by striking subsection (m). 
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1 (B) In section 1451(g)(1), by striking sub2 paragraph (C). 

3 (C) In section 1452— 

4 (i) in subsection (f)(2), by striking 

5 ‘‘does not apply—’’ and all that follows 

6 and inserting ‘‘does not apply in the case 

7 of a deduction made through administra8 tive error.’’; and 

9 (ii) by striking subsection (g). 

10 (D) In section 1455(c), by striking ‘‘, 

11 1450(k)(2),’’. 

12 (b) PROHIBITION ON RETROACTIVE BENEFITS.—No 

13 benefits may be paid to any person for any period before 

14 the effective date provided under subsection (f) by reason 

15 of the amendments made by subsection (a). 

16 (c) PROHIBITION ON RECOUPMENT OF CERTAIN

17 AMOUNTS PREVIOUSLY REFUNDED TO SBP RECIPI18 ENTS.—A surviving spouse who is or has been in receipt 

19 of an annuity under the Survivor Benefit Plan under sub20 chapter II of chapter 73 of title 10, United States Code, 

21 that is in effect before the effective date provided under 

22 subsection (f) and that is adjusted by reason of the 

23 amendments made by subsection (a) and who has received 

24 a refund of retired pay under section 1450(e) of title 10, 
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1 United States Code, shall not be required to repay such 

2 refund to the United States. 

3 (d) REPEAL OF AUTHORITY FOR OPTIONAL ANNUITY

4 FOR DEPENDENT CHILDREN.—Section 1448(d) of such 

5 title is amended— 

6 (1) in paragraph (1), by striking ‘‘Except as 

7 provided in paragraph (2)(B), the Secretary con8 cerned’’ and inserting ‘‘The Secretary concerned’’; 

9 and 

10 (2) in paragraph (2)— 

11 (A) by striking ‘‘DEPENDENT CHIL12 DREN.—’’ and all that follows through ‘‘In the 

13 case of a member described in paragraph (1),’’ 

14 and inserting ‘‘DEPENDENT CHILDREN ANNU15 ITY WHEN NO ELIGIBLE SURVIVING SPOUSE.— 

16 In the case of a member described in paragraph 

17 (1),’’; and 

18 (B) by striking subparagraph (B). 

19 (e) RESTORATION OF ELIGIBILITY FOR PREVIOUSLY

20 ELIGIBLE SPOUSES.—The Secretary of the military de21 partment concerned shall restore annuity eligibility to any 

22 eligible surviving spouse who, in consultation with the Sec23 retary, previously elected to transfer payment of such an24 nuity to a surviving child or children under the provisions 

25 of section 1448(d)(2)(B) of title 10, United States Code, 
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1 as in effect on the day before the effective date provided 

2 under subsection (f). Such eligibility shall be restored 

3 whether or not payment to such child or children subse4 quently was terminated due to loss of dependent status 

5 or death. For the purposes of this subsection, an eligible 

6 spouse includes a spouse who was previously eligible for 

7 payment of such annuity and is not remarried, or remar8 ried after having attained age 55, or whose second or sub9 sequent marriage has been terminated by death, divorce 

10 or annulment. 

11 (f) EFFECTIVE DATE.—The sections and the amend12 ments made by this section shall take effect on the later 

13 of— 

14 (1) the first day of the first month that begins 

15 after the date of the enactment of this Act; or 

16 (2) the first day of the fiscal year that begins 

17 in the calendar year in which this Act is enacted. 

18 SEC. 653. SENSE OF CONGRESS ON AIRFARES FOR MEM19 BERS OF THE ARMED FORCES. 

20 (a) FINDINGS.—Congress makes the following find21 ings: 

22 (1) The Armed Forces is comprised of over 

23 1,450,000 active-duty members from every State 

24 and territory of the United States who are assigned 

25 to thousands of installations, stations, and ships 
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1 worldwide and who oftentimes must travel long dis2 tances by air at their own expense to enjoy the bene3 fits of leave and liberty. 

4 (2) The United States is indebted to the mem5 bers of the all volunteer Armed Forces and their 

6 families who protect our Nation, often experiencing 

7 long separations due to the demands of military 

8 service and in life threatening circumstances. 

9 (3) Military service often precludes long range 

10 planning for leave and liberty to provide opportuni11 ties for reunions and recreation with loved ones and 

12 requires changes in planning due to military neces13 sity which results in last minute changes in plan14 ning. 

15 (b) SENSE OF CONGRESS.—It is the sense of Con16 gress that— 

17 (1) all United States commercial carriers should 

18 seek to lend their support with flexible, generous 

19 policies applicable to members of the Armed Forces 

20 who are traveling on leave or liberty at their own ex21 pense; and 

22 (2) each United States air carrier, for all mem23 bers of the Armed Forces who have been granted 

24 leave or liberty and who are traveling by air at their 

25 own expense, should— 
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1 (A) seek to provide reduced air fares that 

2 are comparable to the lowest airfare for ticketed 

3 flights and that eliminate to the maximum ex4 tent possible advance purchase requirements; 

5 (B) seek to eliminate change fees or 

6 charges and any penalties for military per7 sonnel; 

8 (C) seek to eliminate or reduce baggage 

9 and excess weight fees; 

10 (D) offer flexible terms that allow members 

11 of the Armed Forces on active duty to pur12 chase, modify, or cancel tickets without time re13 strictions, and to waive fees (including baggage 

14 fees), ancillary costs, or penalties; and 

15 (E) seek to take proactive measures to en16 sure that all airline employees, particularly 

17 those who issue tickets and respond to members 

18 of the Armed Forces and their family members 

19 are trained in the policies of the airline aimed 

20 at benefitting members of the Armed Forces 

21 who are on leave. 
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1 SEC. 654. CONTINUATION ON ACTIVE DUTY OF RESERVE 

2 COMPONENT MEMBERS DURING PHYSICAL 

3 DISABILITY EVALUATION FOLLOWING MOBI4 LIZATION AND DEPLOYMENT. 

5 Section 1218 of title 10, United States Code, is 

6 amended by adding at the end the following new sub7 section: 

8 ‘‘(d)(1) The Secretary of a military department shall 

9 ensure that each member of a reserve component under 

10 the jurisdiction of the Secretary who is determined, after 

11 a mobilization and deployment to an area in which immi12 nent danger pay is authorized under section 310 of title 

13 37, to require evaluation for a physical or mental disability 

14 which could result in separation or retirement for dis15 ability under this chapter or placement on the temporary 

16 disability retired list or inactive status list under this 

17 chapter is retained on active duty during the disability 

18 evaluation process until such time as such member is— 

19 ‘‘(A) cleared by appropriate authorities for con20 tinuation on active duty; or 

21 ‘‘(B) separated, retired, or placed on the tem22 porary disability retired list or inactive status list. 

23 ‘‘(2)(A) A member described in paragraph (1) may 

24 request termination of active duty under such paragraph 

25 at any time during the demobilization or disability evalua26 tion process of such member. 
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1 ‘‘(B) Upon a request under subparagraph (A), a 

2 member described in paragraph (1) shall only be released 

3 from active duty after the member receives counseling 

4 about the consequences of termination of active duty. 

5 ‘‘(C) Each release from active duty under subpara6 graph (B) shall be thoroughly documented. 

7 ‘‘(3) The requirements in paragraph (1) shall expire 

8 on the date that is five years after the date of the enact9 ment of the National Defense Authorization Act for Fiscal 

10 Year 2010.’’. 

11 SEC. 655. USE OF LOCAL RESIDENCES FOR COMMUNITY12 BASED CARE FOR CERTAIN RESERVE COMPO13 NENT MEMBERS. 

14 Section 1222 of title 10, United States Code, is 

15 amended by adding at the end the following new sub16 section: 

17 ‘‘(d) USE OF LOCAL RESIDENCES FOR CERTAIN RE18 SERVE COMPONENT MEMBERS.—(1)(A) A member of a 

19 reserve component described by subparagraph (B) may be 

20 assigned to the community-based warrior transition unit 

21 located nearest to the member’s permanent place of resi22 dence if residing at that location is— 

23 ‘‘(i) medically feasible, as determined by a li24 censed military health care provider; and 

25 ‘‘(ii) consistent with— 
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1 ‘‘(I) the needs of the armed forces; and 

2 ‘‘(II) the optimal course of medical treat3 ment of the member. 

4 ‘‘(B) A member of a reserve component described by 

5 this subparagraph is any member remaining on active 

6 duty under section 1218(d) of this title during the period 

7 the member is on active duty under such subsection. 

8 ‘‘(2) Nothing in this subsection shall be construed as 

9 terminating, altering, or otherwise affecting the authority 

10 of the commander of a member described in paragraph 

11 (1)(B) to order the member to perform duties consistent 

12 with the member’s fitness for duty. 

13 ‘‘(3) The Secretary concerned shall pay any reason14 able expenses of transportation, lodging, and meals in15 curred by a member residing at the member’s permanent 

16 place of residence under this subsection in connection with 

17 travel from the member’s permanent place of residence to 

18 a medical facility during the period in which the member 

19 is covered by this subsection.’’. 

20 SEC. 656. ASSISTANCE WITH TRANSITIONAL BENEFITS. 

21 (a) IN GENERAL.—Chapter 61 of title 10, United 

22 States Code, is amended by inserting after section 1218 

23 the following new section: 
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1 ‘‘§ 1218a. Discharge or release from active duty: tran2 sition assistance 

3 ‘‘The Secretary of a military department shall provide 

4 to a member of a reserve component under the jurisdiction 

5 of the Secretary who is injured while on active duty in 

6 the armed forces the following before such member is de7 mobilized or separated from the armed forces: 

8 ‘‘(1) Information on the availability of care and 

9 administrative processing through community based 

10 warrior transition units. 

11 ‘‘(2) The location of the community based war12 rior transition unit located nearest to the member’s 

13 permanent place of residence. 

14 ‘‘(3) An opportunity to consult with a member 

15 of the applicable judge advocate general’s corps, or 

16 other qualified legal assistance attorney, regarding 

17 the member’s eligibility for compensation, disability, 

18 or other transitional benefits.’’. 

19 (b) CLERICAL AMENDMENT.—The table of sections 

20 at the beginning of chapter 61 of such title is amended 

21 by inserting after the item relating to section 1218 the 

22 following new item: 

‘‘1218a. Discharge or release from active duty: transition assistance.’’. 
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1 SEC. 657. REPORT ON RECRUITMENT AND RETENTION OF 

2 MEMBERS OF THE AIR FORCE IN NUCLEAR 

3 CAREER FIELDS. 

4 (a) REPORT REQUIRED.—Not later than 180 days 

5 after the date of the enactment of this Act, the Secretary 

6 of the Air Force shall submit to the congressional defense 

7 committees a report on the efforts of the Air Force to at8 tract and retain qualified individuals for service as mem9 bers of the Air Force involved in the operation, mainte10 nance, handling, and security of nuclear weapons. 

11 (b) ELEMENTS.—The report required by subsection 

12 (a) shall include the following: 

13 (1) A description of current reenlistment rates, 

14 set forth by Air Force Specialty Code, of members 

15 of the Air Force serving in positions involving the 

16 operation, maintenance, handling, and security of 

17 nuclear weapons. 

18 (2) A description of the current personnel fill 

19 rate for Air Force units involved in the operation, 

20 maintenance, handling, and security of nuclear 

21 weapons. 

22 (3) An description of the steps the Air Force 

23 has taken, including the use of retention bonuses or 

24 assignment incentive pay, to improve recruiting and 

25 retention of officers and enlisted personnel by the 
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1 Air Force for the positions described in paragraph 

2 (1). 

3 (4) An assessment of the feasibility, advis4 ability, utility, and cost effectiveness of establishing 

5 additional bonuses or incentive pay as a way to en6 hance the recruitment and retention by the Air 

7 Force of skilled personnel in the positions described 

8 in paragraph (1). 

9 (5) An assessment of whether assignment in10 centive pay should be provided for members of the 

11 Air Force covered by the Personnel Reliability Pro12 gram. 

13 (6) An assessment of the long-term community 

14 management plan for recruitment and retention by 

15 the Air Force of skilled personnel in the positions 

16 described in paragraph (1). 

17 (7) Such other matters as the Secretary con18 siders appropriate. 

19 SEC. 658. SENSE OF CONGRESS ON ESTABLISHMENT OF 

20 FLEXIBLE SPENDING ARRANGEMENTS FOR 

21 THE UNIFORMED SERVICES. 

22 (a) IN GENERAL.—It is the sense of Congress that, 

23 the Secretary of Defense, with respect to members of the 

24 Army, Navy, Marine Corps, and Air Force, the Secretary 

25 of Homeland Security, with respect to members of the 
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1 Coast Guard, the Secretary of Health and Human Serv2 ices, with respect to commissioned officers of the Public 

3 Health Service, and the Secretary of Commerce, with re4 spect to commissioned officers of the National Oceanic 

5 and Atmospheric Administration, should establish proce6 dures to implement flexible spending arrangements with 

7 respect to basic pay and compensation, for health care and 

8 dependent care on a pre-tax basis in accordance with regu9 lations prescribed under sections 106(c) and 125 of the 

10 Internal Revenue Code of 1986. 

11 (b) CONSIDERATIONS.—It is the sense of Congress 

12 that, in establishing the procedures described by sub13 section (a), the Secretary of Defense, the Secretary of 

14 Homeland Security, the Secretary of Health and Human 

15 Services, and the Secretary of Commerce should consider 

16 life events of members of the uniformed services that are 

17 unique to them as members of the uniformed services, in18 cluding changes relating to permanent changes of duty 

19 station and deployments to overseas contingency oper20 ations. 
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1 SEC. 659. TREATMENT AS ACTIVE SERVICE FOR RETIRED 

2 PAY PURPOSES OF SERVICE AS MEMBER OF 

3 ALASKA TERRITORIAL GUARD DURING 

4 WORLD WAR II. 

5 (a) IN GENERAL.—Service as a member of the Alas6 ka Territorial Guard during World War II of any indi7 vidual who was honorably discharged therefrom under sec8 tion 8147 of the Department of Defense Appropriations 

9 Act, 2001 (Public Law 106–259; 114 Stat. 705) shall be 

10 treated as active service for purposes of the computation 

11 under chapter 61, 71, 371, 571, 871, or 1223 of title 10, 

12 United States Code, as applicable, of the retired pay to 

13 which such individual may be entitled under title 10, 

14 United States Code. 

15 (b) APPLICABILITY.—Subsection (a) shall apply with 

16 respect to amounts of retired pay payable under title 10, 

17 United States Code, for months beginning on or after the 

18 date of the enactment of this Act. No retired pay shall 

19 be paid to any individual by reason of subsection (a) for 

20 any period before that date. 

21 (c) WORLD WAR II DEFINED.—In this section, the 

22 term ‘‘World War II’’ has the meaning given that term 

23 in section 101(8) of title 38, United States Code. 
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1 SEC. 660. INCLUSION OF SERVICE AFTER SEPTEMBER 11, 

2 2001, IN DETERMINATION OF REDUCED ELIGI3 BILITY AGE FOR RECEIPT OF NON-REGULAR 

4 SERVICE RETIRED PAY. 

5 Section 12731(f)(2)(A) of title 10, United States 

6 Code, is amended— 

7 (1) by striking ‘‘the date of the enactment of 

8 the National Defense Authorization Act for Fiscal 

9 Year 2008’’ and inserting ‘‘September 11, 2001’’; 

10 and 

11 (2) by striking ‘‘in any fiscal year after such 

12 date’’ and inserting ‘‘in any fiscal year after fiscal 

13 year 2001’’. 

14 TITLE VII—HEALTH CARE 

15 PROVISIONS 

16 Subtitle A—TRICARE Program 

17 SEC. 701. TRICARE STANDARD COVERAGE FOR CERTAIN 

18 MEMBERS OF THE RETIRED RESERVE, AND 

19 FAMILY MEMBERS, WHO ARE QUALIFIED FOR 

20 A NON-REGULAR RETIREMENT BUT ARE NOT 

21 YET AGE 60. 

22 (a) IN GENERAL.—Chapter 55 of title 10, United 

23 States Code, is amended by inserting after section 1076d 

24 the following new section: 
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1 ‘‘§ 1076e. TRICARE program: TRICARE Standard cov2 erage for certain members of the Retired 

3 Reserve who are qualified for a non-reg4 ular retirement but are not yet age 60 

5 ‘‘(a) ELIGIBILITY.—(1) Except as provided in para6 graph (2), a member of the Retired Reserve of a reserve 

7 component of the Armed Forces who is qualified for a non8 regular retirement at age 60 under chapter 1223, but is 

9 not age 60, is eligible for health benefits under TRICARE 

10 Standard as provided in this section. 

11 ‘‘(2) Paragraph (1) does not apply to a member who 

12 is enrolled, or is eligible to enroll, in a health benefits plan 

13 under chapter 89 of title 5. 

14 ‘‘(b) TERMINATION OF ELIGIBILITY UPON OBTAIN15 ING OTHER TRICARE COVERAGE.—Eligibility for 

16 TRICARE Standard coverage of a member under this sec17 tion shall terminate upon the member becoming eligible 

18 for TRICARE coverage at age 60 under section 1086 of 

19 this title. 

20 ‘‘(c) FAMILY MEMBERS.—While a member of a re21 serve component is covered by TRICARE Standard under 

22 the section, the members of the immediate family of such 

23 member are eligible for TRICARE Standard coverage as 

24 dependents of the member. If a member of a reserve com25 ponent dies while in a period of coverage under this sec26 tion, the eligibility of the members of the immediate family 
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1 of such member for TRICARE Standard coverage under 

2 this section shall continue for the same period of time that 

3 would be provided under section 1086 of this title if the 

4 member had been eligible at the time of death for 

5 TRICARE Standard coverage under such section (instead 

6 of under this section). 

7 ‘‘(d) PREMIUMS.—(1) A member of a reserve compo8 nent covered by TRICARE Standard under this section 

9 shall pay a premium for that coverage. 

10 ‘‘(2) The Secretary of Defense shall prescribe for the 

11 purposes of this section one premium for TRICARE 

12 Standard coverage of members without dependents and 

13 one premium for TRICARE Standard coverage of mem14 bers with dependents referred to in subsection (f)(1). The 

15 premium prescribed for a coverage shall apply uniformly 

16 to all covered members of the reserve components covered 

17 under this section. 

18 ‘‘(3)(A) The monthly amount of the premium in ef19 fect for a month for TRICARE Standard coverage under 

20 this section shall be the amount equal to the cost of cov21 erage that the Secretary determines on an appropriate ac22 tuarial basis. 

23 ‘‘(B) The appropriate actuarial basis for purposes of 

24 subparagraph (A) shall be determined in the manner spec-
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1 ified in section 1076d(d)(3)(B) of this title with respect 

2 to the cost of coverage applicable under subparagraph (A). 

3 ‘‘(4) The Secretary shall prescribe the requirements 

4 and procedures applicable to the payment of premiums 

5 under this subsection. 

6 ‘‘(5) Amounts collected as premiums under this sub7 section shall be credited to the appropriation available for 

8 the Defense Health Program Account under section 1100 

9 of this title, shall be merged with sums in such Account 

10 that are available for the fiscal year in which collected, 

11 and shall be available under subsection (b) of such section 

12 for such fiscal year. 

13 ‘‘(e) REGULATIONS.—The Secretary of Defense, in 

14 consultation with the other administering Secretaries, 

15 shall prescribe regulations for the administration of this 

16 section. 

17 ‘‘(f) DEFINITIONS.—In this section: 

18 ‘‘(1) The term ‘immediate family’, with respect 

19 to a member of a reserve component, means all of 

20 the member’s dependents described in subpara21 graphs (A), (D), and (I) of section 1072(2) of this 

22 title. 

23 ‘‘(2) The term ‘TRICARE Standard’ means— 
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1 ‘‘(A) medical care to which a dependent 

2 described in section 1076(a)(2) of this title is 

3 entitled; and 

4 ‘‘(B) health benefits contracted for under 

5 the authority of section 1079(a) of this title and 

6 subject to the same rates and conditions as 

7 apply to persons covered under that section.’’. 

8 (b) CLERICAL AMENDMENT.—The table of sections 

9 at the beginning of chapter 55 of such title is amended 

10 by inserting after the item relating to section 1076d the 

11 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.’’. 

12 (c) EFFECTIVE DATE.—Section 1076e of title 10, 

13 United States Code, as inserted by subsection (a), shall 

14 apply to coverage for months beginning on or after Octo15 ber 1, 2009, or such earlier date as the Secretary of De16 fense may specify. 

17 SEC. 702. EXPANSION OF ELIGIBILITY OF SURVIVORS 

18 UNDER THE TRICARE DENTAL PROGRAM. 

19 Section 1076a(k)(3) of title 10, United States Code, 

20 is amended by inserting before the period at the end the 

21 following: ‘‘, except that, in the case of a dependent de22 scribed by subparagraph (D) or (I) of section 1072(2) of 

23 this title, the period of continuing eligibility shall be the 

24 longer of the following periods beginning on such date: 
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1 ‘‘(A) Three years. 

2 ‘‘(B) The period ending on the date on which 

3 the dependent attains 21 years of age. 

4 ‘‘(C) In the case of a dependent who, at 21 

5 years of age, is enrolled in a full-time course of 

6 study at an institution of higher learning approved 

7 by the administering Secretary and is, or was, at the 

8 time of the member’s death, in fact dependent on 

9 the member for over one-half of the dependent’s sup10 port, the period ending on the earlier of the fol11 lowing dates: 

12 ‘‘(i) The date on which the dependent 

13 ceases to pursue such a course of study, as de14 termined by the administering Secretary. 

15 ‘‘(ii) The date on which the dependent at16 tains 23 years of age’’. 

17 SEC. 703. CONSTRUCTIVE ELIGIBILITY FOR TRICARE BENE18 FITS OF CERTAIN PERSONS OTHERWISE IN19 ELIGIBLE UNDER RETROACTIVE DETERMINA20 TION OF ENTITLEMENT TO MEDICARE PART 

21 A HOSPITAL INSURANCE BENEFITS. 

22 Section 1086(d) of title 10, United States Code, is 

23 amended— 

24 (1) by redesignating paragraph (4) as para25 graph (5); and 
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1 (2) by inserting after paragraph (3) the fol2 lowing new paragraph (4): 

3 ‘‘(4)(A) If a person referred to in subsection (c) and 

4 described by paragraph (2)(B) is subject to a retroactive 

5 determination by the Social Security Administration of en6 titlement to hospital insurance benefits described in para7 graph (1), the person shall, during the period described 

8 in subparagraph (B), be deemed for purposes of health 

9 benefits under this section— 

10 ‘‘(i) not to have been covered by paragraph (1); 

11 and 

12 ‘‘(ii) not to have been subject to the require13 ments of section 1079(j)(1) of this title, whether 

14 through the operation of such section or subsection 

15 (g) of this section. 

16 ‘‘(B) The period described in this subparagraph with 

17 respect to a person covered by subparagraph (A) is the 

18 period that— 

19 ‘‘(i) begins on the date that eligibility of the 

20 person for hospital insurance benefits referred to in 

21 paragraph (1) is effective under the retroactive de22 termination of eligibility with respect to the person 

23 as described in subparagraph (A); and 
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1 ‘‘(ii) ends on the date of the issuance of such 

2 retroactive determination of eligibility by the Social 

3 Security Administration.’’. 

4 SEC. 704. REFORM AND IMPROVEMENT OF THE TRICARE 

5 PROGRAM. 

6 (a) IN GENERAL.—Commencing not later than 30 

7 days after the date of the enactment of this Act, the Sec8 retary of Defense shall, in consultation with the other ad9 ministering Secretaries, undertake actions to reform and 

10 improve the TRICARE program. 

11 (b) ELEMENTS.—In undertaking actions to reform 

12 and improve the TRICARE program under subsection (a), 

13 the Secretary shall consider actions as follows: 

14 (1) Actions to guarantee the availability of care 

15 without delay for eligible beneficiaries. 

16 (2) Actions to expand and enhance sharing of 

17 health care resources among Federal health care 

18 programs, including designated providers (as that 

19 term is defined in section 721(5) of the National 

20 Defense Authorization Act for Fiscal Year 1997 (10 

21 U.S.C. 1073 note)). 

22 (3) Actions utilizing medical technology to 

23 speed and simplify referrals for specialty care. 
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1 (4) Actions, including a comprehensive plan, for 

2 the enhanced availability of prevention and wellness 

3 care. 

4 (5) Actions to expand and enhance options for 

5 mental health care. 

6 (6) Actions utilizing technology to improve di7 rect communication with beneficiaries regarding 

8 health and preventive care. 

9 (7) Actions regarding additional financing op10 tions for health care provided by civilian providers. 

11 (8) Actions to improve regional or national 

12 staffing capabilities in order to enhance support pro13 vided to military medical treatment facilities facing 

14 staff shortages. 

15 (9) Actions to reduce administrative costs. 

16 (10) Actions to control the cost of health care 

17 and pharmaceuticals. 

18 (11) Actions to ensure consistency throughout 

19 the TRICARE program, including actions to hold 

20 commanders of military medical treatment facilities 

21 and civilian providers accountable for compliance 

22 with access standards. 

23 (12) Actions to create performance metrics by 

24 which to measure improvement in the TRICARE 

25 program. 
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1 (13) Such other actions as the Secretary, in 

2 consultation with the other administering Secre3 taries, considers appropriate. 

4 (c) CONSULTATION.—In considering actions to be un5 dertaken under this section, and in undertaking such ac6 tions, the Secretary shall consult with a broad range of 

7 national health care and military advocacy organizations. 

8 (d) REPORTS.— 

9 (1) IN GENERAL.—The Secretary shall, on a 

10 periodic basis, submit to the congressional defense 

11 committees a report on the progress being made in 

12 the reform and improvement of the TRICARE pro13 gram under this section. 

14 (2) ELEMENTS.—Each report under this sub15 section shall include the following: 

16 (A) A description and assessment of the 

17 progress made as of the date of such report in 

18 the reform and improvement of the TRICARE 

19 program. 

20 (B) Such recommendations for administra21 tive or legislative action as the Secretary con22 siders appropriate to expedite and enhance the 

23 reform and improvement of the TRICARE pro24 gram. 

25 (e) DEFINITIONS.—In this section: 
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1 (1) The term ‘‘administering Secretaries’’ has 

2 the meaning given that term in section 1072(3) of 

3 title 10, United States Code. 

4 (2) The term ‘‘TRICARE program’’ has the 

5 meaning given that term in section 1072(7) of title 

6 10, United States Code. 

7 SEC. 705. COMPTROLLER GENERAL OF THE UNITED 

8 STATES REPORT ON IMPLEMENTATION OF 

9 REQUIREMENTS ON THE RELATIONSHIP BE10 TWEEN THE TRICARE PROGRAM AND EM11 PLOYER-SPONSORED GROUP HEALTH PLANS. 

12 (a) REPORT REQUIRED.—Not later than March 31, 

13 2010, the Comptroller General of the United States shall 

14 submit to the Committees on Armed Services of the Sen15 ate and the House of Representatives a report on the im16 plementation of the requirements of section 1097c of title 

17 10, United States Code, relating to the relationship be18 tween the TRICARE program and employer-sponsored 

19 group health plans. 

20 (b) ELEMENTS.—The report required by subsection 

21 (a) shall include the following: 

22 (1) A description of the extent to which the De23 partment of Defense has established measures to as24 sess the effectiveness of section 1097c of title 10, 

25 United States Code, in reducing health care costs to 
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1 the Department for military retirees and their fami2 lies, and an assessment of the effectiveness of any 

3 measures so established. 

4 (2) An assessment of the extent to which the 

5 implementation of such section 1097c has resulted 

6 in the migration of military retirees from coverage 

7 under the TRICARE Standard option of the 

8 TRICARE program to coverage under the 

9 TRICARE Prime option of the TRICARE program. 

10 (3) A description of the exceptions adopted 

11 under subsection (a)(2) of such section 1097c to the 

12 requirements under such section 1097c, and an as13 sessment of the effect of the exercise of any excep14 tions adopted on the administration of such section 

15 1097c. 

16 (4) An assessment of the extent to which the 

17 Department collects and assembles data on the 

18 treatment of employees eligible for participation in 

19 the TRICARE program in comparison with similar 

20 employees who are not eligible for participation in 

21 that program. 

22 (5) A description of the outreach conducted by 

23 the Department to inform individuals eligible for 

24 participation in the TRICARE program and employ25 ers of their respective rights and responsibilities 
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1 under such section 1097c, and an assessment of the 

2 effectiveness of any outreach so conducted. 

3 (6) Such other matters with respect to the ad4 ministration and effectiveness of the authorities in 

5 such section 1097c as the Comptroller General con6 siders appropriate. 

7 SEC. 706. SENSE OF THE SENATE ON HEALTH CARE BENE8 FITS AND COSTS FOR MEMBERS OF THE 

9 ARMED FORCES AND THEIR FAMILIES. 

10 (a) FINDINGS.—The Senate makes the following 

11 findings: 

12 (1) Career members of the Armed Forces and 

13 their families endure unique and extraordinary de14 mands, and make extraordinary sacrifices, over the 

15 course of 20-year to 30-year careers in protecting 

16 freedom for all Americans. 

17 (2) The nature and extent of these demands 

18 and sacrifices are never so evident as in wartime, 

19 not only during the current combat operations, but 

20 also during the wars of the last 60 years when cur21 rent retired members of the Armed Forces were on 

22 continuous call to go in harm’s way when and as 

23 needed. 

24 (3) A primary benefit of enduring the extraor25 dinary sacrifices inherent in a military career is a 
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1 range of retirement benefits, including lifetime 

2 health benefits, that a grateful Nation provides for 

3 those who choose to subordinate their personal life 

4 to the national interest for so many years. 

5 (4) Currently serving and retired members of 

6 the uniformed services and their families and sur7 vivors deserve benefits equal to their commitment 

8 and service to our Nation. 

9 (5) Many employers are curtailing health bene10 fits and shifting costs to their employees, which may 

11 result in retired members of the Armed Forces re12 turning to the Department of Defense, and its 

13 TRICARE program, for health care benefits during 

14 retirement, and contribute to health care cost 

15 growth. 

16 (6) Defense health costs also expand as a result 

17 of service-unique military readiness requirements, 

18 wartime requirements, and other necessary require19 ments that represent the ‘‘cost of business’’ for the 

20 Department of Defense. 

21 (7) While the Department of Defense has made 

22 some efforts to contain increases in the cost of the 

23 TRICARE program, too many of those efforts have 

24 been devoted to shifting a larger share of the costs 

25 of benefits under that program to retired members 
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1 of the Armed Forces who have earned health care 

2 benefits in return for a career of military service. 

3 (8) In some cases health care providers refuse 

4 to accept TRICARE patients because that program 

5 pays less than other public and private payors and 

6 imposes unique administrative requirements. 

7 (9) The Department of Defense records depos8 its to the Department of Defense Military Retiree 

9 Health Care Fund as discretionary costs to the De10 partment in spite of legislation enacted in 2006 that 

11 requires such deposits to be made directly from the 

12 Treasury of the United States. 

13 (10) As a result, annual payments for the fu14 ture costs of servicemember health care continue to 

15 compete with other readiness needs of the Armed 

16 Forces. 

17 (b) SENSE OF SENATE.—It is the sense of the Senate 

18 that— 

19 (1) the Department of Defense and the Nation 

20 have an obligation to provide health care benefits to 

21 retired members of the Armed Forces that equals 

22 the quality of their selfless service to our country; 

23 (2) past proposals by the Department of De24 fense to impose substantial fee increases on military 
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1 beneficiaries have failed to acknowledge properly the 

2 findings addressed in subsection (a); and 

3 (3) the Department of Defense has many addi4 tional options to constrain the growth of health care 

5 spending in ways that do not disadvantage retired 

6 members of the Armed Forces who participate or 

7 seek to participate in the TRICARE program, and 

8 should pursue any and all such options rather than 

9 seeking large increases for enrollment fees, 

10 deductibles, and copayments for such retirees, and 

11 their families or survivors, who do participate in that 

12 program. 

13 SEC. 707. NOTIFICATION OF CERTAIN INDIVIDUALS RE14 GARDING OPTIONS FOR ENROLLMENT 

15 UNDER MEDICARE PART B. 

16 Chapter 55 of title 10, United States Code, is amend17 ed by adding at the end the following new section: 

18 ‘‘SEC. 1111. NOTIFICATION OF CERTAIN INDIVIDUALS RE19 GARDING OPTIONS FOR ENROLLMENT 

20 UNDER MEDICARE PART B. 

21 ‘‘(a) IN GENERAL.—The Secretary of Defense shall 

22 establish procedures for identifying individuals described 

23 in subsection (b). The Secretary of Defense shall imme24 diately notify individuals identified under the preceding 

25 sentence that they are no longer eligible for health care 
337 

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1 benefits under the TRICARE program under chapter 55 

2 of title 10, United States Code, and of any options avail3 able for enrollment of the individual under part B of title 

4 XVIII of the Social Security Act (42 U.S.C. 1395j et 

5 seq.). The Secretary of Defense shall consult with the Sec6 retary of Health and Human Services to accurately iden7 tify and notify individuals described in subsection (b) 

8 under this subsection. 

9 ‘‘(b) INDIVIDUALS DESCRIBED.—An individual de10 scribed in this subsection is an individual who is a covered 

11 beneficiary (as defined in section 1072(5) of title 10, 

12 United States Code) at the time the individual is entitled 

13 to part A of title XVIII of the Social Security Act under 

14 section 226(b) or section 226A of such Act (42 U.S.C. 

15 426(b) and 426–1) and who is eligible to enroll but who 

16 has elected not to enroll (or to be deemed enrolled) during 

17 the individual’s initial enrollment period under part B of 

18 such title.’’. 

19 Subtitle B—Other Health Care 

20 Benefits 

21 SEC. 711. MENTAL HEALTH ASSESSMENTS FOR MEMBERS 

22 OF THE ARMED FORCES DEPLOYED IN CON23 NECTION WITH A CONTINGENCY OPERATION. 

24 (a) MENTAL HEALTH ASSESSMENTS.— 
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1 (1) IN GENERAL.—Not later than 180 days 

2 after the date of the enactment of this Act, the Sec3 retary of Defense shall issue guidance for the provi4 sion of a person-to-person mental health assessment 

5 for each member of the Armed Forces who is de6 ployed in connection with a contingency operation as 

7 follows: 

8 (A) At a time during the period beginning 

9 60 days before the date of deployment in con10 nection with the contingency operation. 

11 (B) At a time during the period beginning 

12 90 days after the date of redeployment from the 

13 contingency operation and ending 180 days 

14 after the date of redeployment from the contin15 gency operation. 

16 (C) Subject to subsection (d), not later 

17 than each of 6 months, 12 months, and 24 

18 months after return from deployment. 

19 (2) EXCLUSION OF CERTAIN MEMBERS.—A 

20 mental health assessment is not required for a mem21 ber of the Armed Forces under subparagraphs (B) 

22 and (C) of paragraph (1) if the Secretary determines 

23 that the member was not subjected or exposed to 

24 operational risk factors during deployment in the 

25 contingency operation concerned. 
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1 (b) PURPOSE.—The purpose of the mental health as2 sessments provided pursuant to this section shall be to 

3 identify Post Traumatic Stress Disorder (PTSD), suicidal 

4 tendencies, and other behavioral health issues identified 

5 among members of the Armed Forces described in sub6 section (a) in order to determine which such members are 

7 in need of additional care and treatment for such health 

8 issues. 

9 (c) ELEMENTS.— 

10 (1) IN GENERAL.—The mental health assess11 ments provided pursuant to this section shall— 

12 (A) be performed by personnel trained and 

13 certified to perform such assessments and may 

14 be performed by licensed mental health profes15 sionals if such professionals are available and 

16 the use of such professionals for the assess17 ments would not impair the capacity of such 

18 professionals to perform higher priority tasks; 

19 (B) include a person-to-person dialogue be20 tween members of the Armed Forces described 

21 in subsection (a) and the professionals or per22 sonnel described by paragraph (1), as applica23 ble, on such matters as the Secretary shall 

24 specify in order that the assessments achieve 
340 

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1 the purpose specified in subsection (b) for such 

2 assessments; 

3 (C) be conducted in a private setting to 

4 foster trust and openness in discussing sensitive 

5 health concerns; and 

6 (D) be provided in a consistent manner 

7 across the military departments. 

8 (2) TREATMENT OF CURRENT ASSESSMENTS.— 

9 The Secretary may treat periodic health assessments 

10 and other person-to-person assessments that are 

11 provided to members of the Armed Forces as of the 

12 date of the enactment of this Act as meeting the re13 quirements for mental health assessments required 

14 under this section if the Secretary determines that 

15 such assessments and person-to-person assessments 

16 meet the requirements for mental health assess17 ments established by this section. 

18 (d) CESSATION OF ASSESSMENTS.—No mental 

19 health assessment is required to be provided to an indi20 vidual under subsection (a)(1)(C) after the individual’s 

21 discharge or release from the Armed Forces. 

22 (e) SHARING OF INFORMATION.— 

23 (1) IN GENERAL.—The Secretary of Defense 

24 shall share with the Secretary of Veterans Affairs 

25 such information on members of the Armed Forces 
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1 that is derived from confidential mental health as2 sessments, including mental health assessments pro3 vided pursuant to this section and health assess4 ments and other person-to-person assessments pro5 vided before the date of the enactment of this Act, 

6 as the Secretary of Defense and the Secretary of 

7 Veterans Affairs jointly consider appropriate to en8 sure continuity of mental health care and treatment 

9 of members of the Armed Forces during their transi10 tion from health care and treatment provided by the 

11 Department of Defense to health care and treatment 

12 provided by the Department of Veterans Affairs. 

13 (2) PROTOCOLS.—Any sharing of information 

14 under paragraph (1) shall occur pursuant to a pro15 tocol jointly established by the Secretary of Defense 

16 and the Secretary of Veterans Affairs for purposes 

17 of this subsection. Any such protocol shall be con18 sistent with the following: 

19 (A) Applicable provisions of the Wounded 

20 Warrior Act (title XVI of Public Law 110–181; 

21 10 U.S.C. 1071 note), including in particular, 

22 section 1614 of that Act (122 Stat. 443; 10 

23 U.S.C. 1071 note). 

24 (B) Section 1720F of title 38, United 

25 States Code. 
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1 (f) CONTINGENCY OPERATION DEFINED.—In this 

2 section, the term ‘‘contingency operation’’ has the mean3 ing given that term in section 101(a)(13) of title 10, 

4 United States Code. 

5 (g) REPORTS.— 

6 (1) REPORT ON GUIDANCE.—Upon the issuance 

7 of the guidance required by subsection (a), the Sec8 retary of Defense shall submit to Congress a report 

9 describing the guidance. 

10 (2) REPORTS ON IMPLEMENTATION OF GUID11 ANCE.— 

12 (A) INITIAL REPORT.—Not later than 270 

13 days after the date of the issuance of the guid14 ance, the Secretary shall submit to Congress an 

15 initial report on the implementation of the guid16 ance by the military departments. 

17 (B) SUBSEQUENT REPORT.—Not later 

18 than two years after the date of the issuance of 

19 the guidance, the Secretary shall submit to 

20 Congress a report on the implementation of the 

21 guidance by the military departments. The re22 port shall include an evidence based assessment 

23 of the effectiveness of the mental health assess24 ments provided pursuant to the guidance in 
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1 achieving the purpose specified in subsection (b) 

2 for such assessments. 

3 SEC. 712. ENHANCEMENT OF TRANSITIONAL DENTAL CARE 

4 FOR MEMBERS OF THE RESERVE COMPO5 NENTS ON ACTIVE DUTY FOR MORE THAN 30 

6 DAYS IN SUPPORT OF A CONTINGENCY OPER7 ATION. 

8 Section 1145(a) of title 10, United States Code, is 

9 amended— 

10 (1) in paragraph (1)— 

11 (A) in the matter preceding subparagraph 

12 (A), by striking ‘‘paragraph (3)’’ and inserting 

13 ‘‘paragraph (4)’’; and 

14 (B) in subparagraph (A), by inserting ‘‘ex15 cept as provided in paragraph (3),’’ before 

16 ‘‘medical and dental care’’; 

17 (2) by redesignating paragraphs (3), (4), (5), 

18 and (6) as paragraphs (4), (5), (6), and (7), respec19 tively; 

20 (3) by inserting after paragraph (2) the fol21 lowing new paragraph (3): 

22 ‘‘(3) In the case of a member described in paragraph 

23 (2)(B), the dental care to which the member is entitled 

24 under this subsection shall be the dental care to which 

25 a member of the uniformed services on active duty for 
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1 more than 30 days is entitled under section 1074 of this 

2 title.’’; and 

3 (4) in subparagraph (A) of paragraph (6), as 

4 redesignated by paragraph (2) of this section, by 

5 striking ‘‘paragraph (4)’’ and inserting ‘‘paragraph 

6 (5)’’. 

7 SEC. 713. REDUCTION OF MINIMUM DISTANCE OF TRAVEL 

8 FOR REIMBURSEMENT OF COVERED BENE9 FICIARIES OF THE MILITARY HEALTH CARE 

10 SYSTEM FOR TRAVEL FOR SPECIALTY 

11 HEALTH CARE. 

12 (a) REDUCTION.—Section 1074i(a) of title 10, 

13 United States Code, is amended by striking ‘‘100 miles’’ 

14 and inserting ‘‘50 miles’’. 

15 (b) EFFECTIVE DATE.—The amendment made by 

16 subsection (a) shall take effect on the date that is 90 days 

17 after the date of the enactment of this Act, and shall apply 

18 with respect to referrals for specialty health care made on 

19 or after such effective date. 

20 (c) OFFSET.—The amount authorized to be appro21 priated by section 301(a)(5) for operation and mainte22 nance for Defense-wide activities is hereby decreased by 

23 $14,000,000, with the amount of the decrease to be de24 rived from unobligated balances. 
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1 SEC. 714. REPORT ON POST-DEPLOYMENT HEALTH ASSESS2 MENTS OF GUARD AND RESERVE MEMBERS. 

3 (a) REPORT REQUIRED.—Not later than March 1, 

4 2010, the Secretary of Defense shall submit to the con5 gressional defense committees a report on post-deployment 

6 health assessments of Guard and Reserve members. 

7 (b) ELEMENTS.—The report required under sub8 section (a) shall include the following: 

9 (1) An assessment of the feasibility of admin10 istering a Post-Deployment Health Assessment 

11 (PDHA) to each member of a reserve component of 

12 the Armed Forces returning to the member’s home 

13 station from deployment in connection with a contin14 gency operation at such home station or in the coun15 ty of residence of the member within the following 

16 timeframes: 

17 (A) In the case of a member of the Indi18 vidual Ready Reserve, an assessment adminis19 tered by not later than the member’s release 

20 from active duty following such deployment or 

21 10 days after the member’s return to such sta22 tion or county, whichever occurs earlier. 

23 (B) In the case of any other member of a 

24 reserve component of the Armed Forces return25 ing from deployment, by not later than the 
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1 member’s release from active duty following 

2 such deployment. 

3 (2) An assessment of the feasibility of requiring 

4 that Post-Deployment Health Assessments described 

5 under paragraph (1) be performed by a practitioner 

6 trained and certified as qualified to participate in 

7 the performance of Post-Deployment Health Assess8 ments or Post-Deployment Health Reassessments. 

9 (3) A description of— 

10 (A) the availability of personnel described 

11 under paragraph (2) to perform assessments 

12 described under this subsection at the home 

13 stations or counties of residence of members of 

14 the reserve components of the Armed Forces; 

15 and 

16 (B) if such personnel are not available at 

17 such locations, the additional resources nec18 essary to ensure such availability within one 

19 year after the date of the enactment of this Act. 

20 Subtitle C—Health Care 

21 Administration 

22 SEC. 721. COMPREHENSIVE POLICY ON PAIN MANAGEMENT 

23 BY THE MILITARY HEALTH CARE SYSTEM. 

24 (a) COMPREHENSIVE POLICY REQUIRED.—Not later 

25 than October 1, 2010, the Secretary of Defense shall de-
347 

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1 velop and implement a comprehensive policy on pain man2 agement by the military health care system. 

3 (b) SCOPE OF POLICY.—The policy required by sub4 section (a) shall cover each of the following: 

5 (1) The management of acute and chronic pain. 

6 (2) The standard of care for pain management 

7 to be used throughout the Department. 

8 (3) The consistent application of pain assess9 ments throughout the Department. 

10 (4) The assurance of prompt and appropriate 

11 pain care treatment and management by the Depart12 ment when medically necessary. 

13 (5) Programs of research related to acute and 

14 chronic pain, including pain attributable to central 

15 and peripheral nervous system damage characteristic 

16 of injuries incurred in modern warfare, brain inju17 ries, and chronic migraine headache. 

18 (6) Programs of pain care education and train19 ing for health care personnel of the Department. 

20 (7) Programs of patient education for members 

21 suffering from acute or chronic pain and their fami22 lies. 

23 (c) UPDATES.—The Secretary shall revise the policy 

24 required by subsection (a) on a periodic basis in accord25 ance with experience and evolving best practice guidelines. 
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1 (d) ANNUAL REPORT.— 

2 (1) IN GENERAL.—Not later than 180 days 

3 after the date of the commencement of the imple4 mentation of the policy required by subsection (a), 

5 and on October 1 each year thereafter through 

6 2018, the Secretary shall submit to the Committee 

7 on Armed Services of the Senate and the Committee 

8 on Armed Services of the House of Representatives 

9 a report on the policy. 

10 (2) ELEMENTS.—Each report required by para11 graph (1) shall include the following: 

12 (A) A description of the policy imple13 mented under subsection (a), and any revisions 

14 to such policy under subsection (c). 

15 (B) A description of the performance 

16 measures used to determine the effectiveness of 

17 the policy in improving pain care for bene18 ficiaries enrolled in the military health care sys19 tem. 

20 (C) An assessment of the adequacy of De21 partment pain management services based on a 

22 current survey of patients managed in Depart23 ment clinics. 

24 (D) An assessment of the research projects 

25 of the Department relevant to the treatment of 
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1 the types of acute and chronic pain suffered by 

2 members of the Armed Forces and their fami3 lies. 

4 (E) An assessment of the training provided 

5 to Department health care personnel with re6 spect to the diagnosis, treatment, and manage7 ment of acute and chronic pain. 

8 (F) An assessment of the pain care edu9 cation programs of the Department. 

10 (G) An assessment of the dissemination of 

11 information on pain management to bene12 ficiaries enrolled in the military health care sys13 tem. 

14 SEC. 722. PLAN TO INCREASE THE BEHAVIORAL HEALTH 

15 CAPABILITIES OF THE DEPARTMENT OF DE16 FENSE. 

17 (a) PLAN REQUIRED.— 

18 (1) IN GENERAL.—The Secretary of Defense 

19 shall develop and implement a plan to significantly 

20 increase the number of military and civilian behav21 ioral health personnel of the Department of Defense 

22 by September 30, 2013. 

23 (2) ELEMENTS.—The plan required by para24 graph (1) may include the following: 
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1 (A) The allocation of scholarships and fi2 nancial assistance under the Health Professions 

3 Scholarship and Financial Assistance Program 

4 under subchapter I of chapter 105 of title 10, 

5 United States Code, to students pursuing ad6 vanced degrees in clinical psychology and other 

7 behavioral health professions. 

8 (B) The offering of accession and retention 

9 bonuses for psychologists as authorized by sec10 tion 620 of the Duncan Hunter National De11 fense Authorization Act for Fiscal Year 2009 

12 (Public Law 110–417; 122 Stat. 4489). 

13 (C) An expansion of the capacity for train14 ing doctoral-level clinical psychologists at the 

15 Uniformed Services University of the Health 

16 Sciences. 

17 (D) An expansion of the capacity of the 

18 Department of Defense for training masters19 level clinical psychologists and social workers 

20 with expertise in deployment-related mental 

21 health disorders, such as post traumatic stress 

22 disorder. 

23 (E) The detail of commissioned officers of 

24 the Armed Forces to accredited schools of psy-
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1 chology for training leading to a doctoral degree 

2 in clinical psychology or social work. 

3 (F) The reassignment of military behav4 ioral health providers from administrative posi5 tions to clinical positions in support of military 

6 units. 

7 (G) The offering of civilian hiring incen8 tives and bonuses and the utilization of direct 

9 hiring authority to increase the number of be10 havioral health personnel of the Department of 

11 Defense. 

12 (H) Such other mechanisms to increase the 

13 number of behavioral health personnel of the 

14 Department of Defense as the Secretary con15 siders appropriate. 

16 (3) REPORT.—Not later than January 31, 

17 2010, the Secretary shall submit to the congres18 sional defense committees a report on the plan re19 quired by paragraph (1). The report shall include a 

20 comprehensive description of the plan and the ac21 tions the Secretary proposes to undertake in the im22 plementation of the plan. 

23 (b) REPORT ON ADDITIONAL OFFICER OR ENLISTED

24 MILITARY SPECIALTIES FOR BEHAVIORAL HEALTH

25 COUNSELORS.— 
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1 (1) REPORT.—Not later than 120 days after 

2 the date of the enactment of this Act, the Secretary 

3 shall submit to the congressional defense committees 

4 a report setting forth the assessment of the Sec5 retary of the feasability and advisability of estab6 lishing one or more military specialities for officers 

7 or enlisted members of the Armed Forces as coun8 selors with behavioral health expertise in order to 

9 better meet the mental health care needs of mem10 bers of the Armed Forces and their families. 

11 (2) ELEMENTS.—The report required by para12 graph (1) shall set forth the following: 

13 (A) A recommendation as to the feasability 

14 and advisability of establishing one or more 

15 military specialities for officers or enlisted 

16 members of the Armed Forces as counselors 

17 with behavioral health expertise. 

18 (B) For each military specialty rec19 ommended to be established under subpara20 graph (A)— 

21 (i) a description of the qualifications 

22 required for such speciality, which quali23 fications shall reflect lessons learned from 

24 best practices in academia and the civilian 
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1 health care industry regarding positions 

2 analogous to such specialty; and 

3 (ii) a description of the incentives or 

4 other mechanisms, if any, that would be 

5 advisable to facilitate recruitment and re6 tention of individuals to and in such spe7 cialty. 

8 SEC. 723. DEPARTMENT OF DEFENSE STUDY ON MANAGE9 MENT OF MEDICATIONS FOR PHYSICALLY 

10 AND PSYCHOLOGICALLY WOUNDED MEM11 BERS OF THE ARMED FORCES. 

12 (a) STUDY REQUIRED.—The Secretary of Defense 

13 shall conduct a study on the management of medications 

14 for physically and psychologically wounded members of the 

15 Armed Forces. 

16 (b) ELEMENTS.—The study required under sub17 section (a) shall include the following: 

18 (1) A review and assessment of current prac19 tices within the Department of Defense for the man20 agement of medications for physically and psycho21 logically wounded members of the Armed Forces. 

22 (2) A review and analysis of the published lit23 erature on factors contributing to the risk of 

24 misadministration of medications, including acci25 dental and intentional overdoses, under and over 
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1 medication, and adverse interactions among medica2 tions. 

3 (3) An identification of the medical conditions, 

4 and of the patient management procedures of the 

5 Department of Defense, that may increase the risks 

6 of misadministration of medications in populations 

7 of members of the Armed Forces. 

8 (4) An assessment of current and best practices 

9 in the Armed Forces, other departments and agen10 cies of government, and the private sector con11 cerning the prescription, distribution, and manage12 ment of medications, and the associated coordination 

13 of care. 

14 (5) An identification of means for decreasing 

15 the risks of misadministration of medications and 

16 associated problems with respect to physically and 

17 psychologically wounded members of the Armed 

18 Forces. 

19 (c) REPORT.—Not later than April 1, 2010, the Sec20 retary of Defense shall submit to the Committees on 

21 Armed Services of the Senate and the House of Represent22 atives a report on the study required under subsection (a). 

23 The report shall include such findings and recommenda24 tions as the Secretary considers appropriate in light of the 

25 study. 
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1 SEC. 724. PRESCRIPTION OF ANTIDEPRESSANTS FOR 

2 TROOPS SERVING IN IRAQ AND AFGHANI3 STAN. 

4 (a) REPORT.— 

5 (1) IN GENERAL.—Not later than June 30, 

6 2010, and annually thereafter until June 30, 2015, 

7 the Secretary of Defense shall submit to Congress a 

8 report on the prescription of antidepressants and 

9 drugs to treat anxiety for troops serving in Iraq and 

10 Afghanistan. 

11 (2) CONTENT.—The report required under 

12 paragraph (1) shall include— 

13 (A) the numbers and percentages of troops 

14 that have served or are serving in Iraq and Af15 ghanistan since January 1, 2005, who have 

16 been prescribed antidepressants or drugs to 

17 treat anxiety, including psychotropic drugs such 

18 as Selective Serotonin Reuptake Inhibitors 

19 (SSRIs); and 

20 (B) the policies and patient management 

21 practices of the Department of Defense with re22 spect to the prescription of such drugs. 

23 (b) NATIONAL INSTITUTE OF MENTAL HEALTH

24 STUDY.— 

25 (1) STUDY.—The National Institute of Mental 

26 Health shall conduct a study on the potential rela-
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1 tionship between the increased number of suicides 

2 and attempted suicides by members of the Armed 

3 Forces and the increased number of antidepressants, 

4 drugs to treat anxiety, other psychotropics, and 

5 other behavior modifying prescription medications 

6 being prescribed, including any combination or inter7 actions of such prescriptions. The Department of 

8 Defense shall immediately make available to the Na9 tional Institute of Mental Health all data necessary 

10 to complete the study. 

11 (2) REPORT ON FINDINGS.—Not later than two 

12 years after the date of the enactment of this Act, the 

13 Secretary of Defense shall submit to Congress a re14 port on the findings of the study conducted pursuant 

15 to paragraph (1). 

16 Subtitle D—Wounded Warrior 

17 Matters 

18 SEC. 731. PILOT PROGRAM FOR THE PROVISION OF COG19 NITIVE REHABILITATIVE THERAPY SERVICES 

20 UNDER THE TRICARE PROGRAM. 

21 (a) IN GENERAL.—Not later than 180 days after the 

22 date of the enactment of this Act, the Secretary of Defense 

23 may, in consultation with the entities and officials referred 

24 to in subsection (d), carry out a pilot program under the 

25 TRICARE program to determine the feasibility and advis-
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1 ability of expanding the availability of cognitive rehabilita2 tive therapy services for members or former members of 

3 the Armed Forces described in subsection (b). 

4 (b) COVERED MEMBERS AND FORMER MEMBERS.— 

5 A member or former member of the Armed Forces is de6 scribed in this subsection if— 

7 (1) the member or former member— 

8 (A) is otherwise eligible for medical care 

9 under the TRICARE program; 

10 (B) has been diagnosed with a moderate to 

11 severe traumatic brain injury incurred in the 

12 line of duty in Operation Iraqi Freedom or Op13 eration Enduring Freedom; 

14 (C) is retired or separated from the Armed 

15 Forces for disability under chapter 61 of title 

16 10, United States Code; and 

17 (D) is referred by a qualified physician for 

18 cognitive rehabilitative therapy; and 

19 (2) cognitive rehabilitative therapy is not rea20 sonably available to the member or former member 

21 through the Department of Veterans Affairs. 

22 (c) ELEMENTS OF PILOT PROGRAM.—The Secretary 

23 of Defense shall, in consultation with the entities and offi24 cials referred to in subsection (d), develop for inclusion 

25 in the pilot program the following: 
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1 (1) Procedures for access to cognitive rehabili2 tative therapy services. 

3 (2) Qualifications and supervisory requirements 

4 for licensed and certified health care professionals 

5 providing such services. 

6 (3) A methodology for reimbursing providers 

7 for such services. 

8 (d) ENTITIES AND OFFICIALS TO BE CONSULTED.— 

9 The entities and officials referred to in this subsection are 

10 the following: 

11 (1) The Secretary of Veterans Affairs. 

12 (2) The Defense Centers of Excellence for Psy13 chological Health and Traumatic Brain Injury. 

14 (3) Relevant national organizations with experi15 ence in treating traumatic brain injury. 

16 (e) REPORT.—Not later than 18 months after the 

17 date of the enactment of this Act, the Secretary of Defense 

18 shall submit to the Committees on Armed Services of the 

19 Senate and the House of Representatives a report— 

20 (1) evaluating the effectiveness of the pilot pro21 gram in providing increased access to safe, effective, 

22 and quality cognitive rehabilitative therapy services 

23 for members and former members of the Armed 

24 Forces described in subsection (b); and 
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1 (2) making recommendations with respect to 

2 the effectiveness of cognitive rehabilitative therapy 

3 services and the appropriateness of including such 

4 services as a benefit under the TRICARE program. 

5 (f) TRICARE PROGRAM DEFINED.—The term 

6 ‘‘TRICARE program’’ has the meaning given that term 

7 in section 1072(7) of title 10, United States Code. 

8 (g) FUNDING.—Of the amount authorized to be ap9 propriated by section 1403 for the Defense Health Pro10 gram, not more than $5,000,000 may be available to carry 

11 out the pilot program under this section. 

12 SEC. 732. DEPARTMENT OF DEFENSE TASK FORCE ON THE 

13 CARE, MANAGEMENT, AND TRANSITION OF 

14 RECOVERING WOUNDED, ILL, AND INJURED 

15 MEMBERS OF THE ARMED FORCES. 

16 (a) ESTABLISHMENT.— 

17 (1) IN GENERAL.—The Secretary of Defense 

18 shall establish within the Department of Defense a 

19 task force to be known as the ‘‘Department of De20 fense Task Force on the Care, Management, and 

21 Transition of Recovering Wounded, Ill, and Injured 

22 Members of the Armed Forces’’ (in this section re23 ferred to as the ‘‘Task Force’’). 

24 (2) PURPOSE.—The purpose of the Task Force 

25 shall be to assess the effectiveness of the policies and 
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1 programs developed and implemented by the Depart2 ment of Defense, and by each of the military depart3 ments, to assist and support the care, management, 

4 and transition of recovering wounded, ill, and in5 jured members of the Armed Forces, and to make 

6 recommendations for the further improvement of 

7 such policies and programs. 

8 (b) COMPOSITION.— 

9 (1) MEMBERS.—The Task Force shall consist 

10 of not more than 14 members, appointed by the Sec11 retary of Defense from among the individuals as de12 scribed in paragraph (2). 

13 (2) COVERED INDIVIDUALS.—The individuals 

14 appointed to the Task Force shall include the fol15 lowing: 

16 (A) At least one member of each of the 

17 regular components of the Army, the Navy, the 

18 Air Force, and the Marine Corps. 

19 (B) One member of the National Guard. 

20 (C) One member of a reserve component of 

21 the Armed Forces other than National Guard. 

22 (D) A number of persons from outside the 

23 Department of Defense equal to the total num24 ber of personnel from within the Department of 

25 Defense (whether members of the Armed 
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1 Forces or civilian personnel) who are appointed 

2 to the Task Force. 

3 (E) Persons who have experience in— 

4 (i) medical care and coordination for 

5 wounded, ill, and injured members of the 

6 Armed Forces; 

7 (ii) medical case management; 

8 (iii) non-medical case management; 

9 (iv) the disability evaluation process 

10 for members of the Armed Forces; 

11 (v) veterans benefits; 

12 (vi) treatment of traumatic brain in13 jury and post traumatic stress disorder; 

14 (vii) family support; 

15 (viii) medical research; 

16 (ix) vocational rehabilitation; or 

17 (x) disability benefits. 

18 (F) At least one family member of a 

19 wounded, ill, or injured member of the Armed 

20 Forces or veteran who has experience working 

21 with wounded, ill, and injured members of the 

22 Armed Forces or their families. 

23 (3) INDIVIDUALS APPOINTED FROM WITHIN DE24 PARTMENT OF DEFENSE.—At least one of the indi25 viduals appointed to the Task Force from within the 
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1 Department of Defense shall be the surgeon general 

2 of an Armed Force. 

3 (4) INDIVIDUALS APPOINTED FROM OUTSIDE

4 DEPARTMENT OF DEFENSE.—The individuals ap5 pointed to the Task Force from outside the Depart6 ment of Defense— 

7 (A) with the concurrence of the Secretary 

8 of Veterans Affairs, shall include an officer or 

9 employee of the Department of Veterans Af10 fairs; and 

11 (B) may include individuals from other de12 partments or agencies of the Federal Govern13 ment, from State and local agencies, or from 

14 the private sector. 

15 (5) DEADLINE FOR APPOINTMENTS.—All origi16 nal appointments to the Task Force shall be made 

17 not later than 120 days after the date of the enact18 ment of this Act. 

19 (6) CO-CHAIRS.—There shall be two co-chairs 

20 of the Task Force. One of the co-chairs shall be des21 ignated by the Secretary of Defense at the time of 

22 appointment from among the individuals appointed 

23 to the Task Force from within the Department of 

24 Defense. The other co-chair shall be selected from 
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1 among the individuals appointed from outside the 

2 Department of Defense by those individuals. 

3 (c) REPORT REQUIRED.— 

4 (1) IN GENERAL.—Not later than 12 months 

5 after the date on which all members of the Task 

6 Force have been appointed, the Task Force shall 

7 submit to the Secretary of Defense a report. The re8 port shall include the following: 

9 (A) The findings and conclusions of the 

10 Task Force as a result of its assessment of the 

11 effectiveness of the policies and programs devel12 oped and implemented by the Department of 

13 Defense, and by each of the military depart14 ments, to assist and support the care, manage15 ment, and transition of recovering wounded, ill, 

16 and injured members of the Armed Forces. 

17 (B) A description of various ways in which 

18 the Department of Defense and the military de19 partments could more effectively address mat20 ters relating to the care, management, and 

21 transition of recovering wounded, ill, and in22 jured members of the Armed Forces, including 

23 members of the regular components, and mem24 bers of the reserve components, and support for 

25 their families. 
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1 (C) Such recommendations for other legis2 lative or administrative action as the Task 

3 Force considers appropriate for measures to im4 prove the policies and programs described in 

5 subparagraph (A). 

6 (2) METHODOLOGY.—For purposes of the re7 port, the Task Force— 

8 (A) shall conduct site visits and interviews 

9 as the Task Force considers appropriate; 

10 (B) may consider the findings and rec11 ommendations of previous reviews and evalua12 tions of the care, management, and transition 

13 of recovering wounded, ill, and injured members 

14 of the Armed Forces; and 

15 (C) may utilize such other means for di16 rectly obtaining information relating to the 

17 care, management, and transition of recovering 

18 wounded, ill, and injured members of the 

19 Armed Forces as the Task Force considers ap20 propriate. 

21 (3) MATTERS TO BE REVIEWED AND AS22 SESSED.—For purposes of the report, the Task 

23 Force shall review and assess the following: 

24 (A) Case management, including the num25 bers and types of case managers (including 
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1 Federal Recovery Coordinators, Recovery Care 

2 Coordinators, National Guard or Reserve case 

3 managers, and other case managers) assigned 

4 to recovering wounded, ill, and injured members 

5 of the Armed Forces, the training provided 

6 such case mangers, and the effectiveness of 

7 such case mangers in providing care and sup8 port to recovering wounded, ill, and injured 

9 members of the Armed Forces. 

10 (B) The effectiveness of the Interagency 

11 Program Office in achieving fully interoperable 

12 electronic health records by September 30, 

13 2009, in accordance with section 1635 of the 

14 Wounded Warrior Act (10 U.S.C. 1071 note). 

15 (C) Staffing of Army Warrior Transition 

16 Units, Marine Corps Wounded Warrior Regi17 ments, Navy and Air Force Medical Hold or 

18 Medical Holdover Units, and other service-re19 lated programs or units for recovering wounded, 

20 ill, and injured members of the Armed Forces, 

21 including the use of applicable hiring authori22 ties to ensure the proper staffing of such pro23 grams and units. 
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1 (D) The legal support available to recov2 ering wounded, ill, and injured members of the 

3 Armed Forces and their families. 

4 (E) The support and assistance provided 

5 to recovering wounded, ill, and injured members 

6 of the Armed Forces as they progress through 

7 the military disability evaluation system. 

8 (F) The effectiveness of any measures 

9 under pilot programs to improve or enhance the 

10 military disability evaluation system. 

11 (G) The effectiveness of the Senior Over12 sight Committee in facilitating and overseeing 

13 collaboration between the Department of De14 fense and the Department of Veterans Affairs 

15 on matters relating to the care, management, 

16 and transition of recovering wounded, ill, and 

17 injured members of the Armed Forces. 

18 (H) The establishment and effectiveness of 

19 the Defense Centers of Excellence for Psycho20 logical Health and Traumatic Brain Injury, and 

21 the centers of excellence for military eye inju22 ries, hearing loss and auditory system injuries, 

23 and traumatic extremity injuries and amputa24 tions. 
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1 (I) The establishment and effectiveness of 

2 performance and accountability standards for 

3 warrior transition units and programs. 

4 (J) The support available to family care5 givers of recovering wounded, ill, and injured 

6 members of the Armed Forces. 

7 (K) The availability of vocational training 

8 for recovering wounded, ill, and injured mem9 bers of the Armed Forces seeking to transition 

10 to civilian life. 

11 (L) The availability of services for trau12 matic brain injury and post traumatic stress 

13 disorder. 

14 (M) The support systems in place to ease 

15 the transition of recovering wounded, ill, and 

16 injured members of the Armed Forces from the 

17 Department of Defense to the Department of 

18 Veterans Affairs. 

19 (N) The effectiveness of wounded warrior 

20 information resources, including the Wounded 

21 Warrior Resource Center, the National Re22 source Directory, Military OneSource, Family 

23 Assistance Centers, and Service hotlines, in pro24 viding meaningful information for recovering 
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1 wounded, ill, and injured members of the 

2 Armed Forces. 

3 (O) Interagency matters affecting recov4 ering wounded, ill, and injured members of the 

5 Armed Forces in their transition to civilian life. 

6 (P) Overall coordination between the De7 partment of Defense and the Department of 

8 Veterans Affairs on the matters specified in this 

9 paragraph. 

10 (Q) Such other matters as the Task Force 

11 considers appropriate in connection with the 

12 care, management, and transition of recovering 

13 wounded, ill, and injured members of the 

14 Armed Forces. 

15 (4) TRANSMITTAL.—Not later than 90 days 

16 after receipt of the report required by paragraph (1) 

17 the Secretary of Defense shall transmit the report, 

18 together with the Secretary’s evaluation of the re19 port, to the Committees on Armed Services of the 

20 Senate and the House of Representatives. 

21 (d) PLAN REQUIRED.—Not later than six months 

22 after the receipt under subsection (c) of the report of the 

23 Task Force under that subsection, the Secretary of De24 fense shall, in consultation with the Secretaries of the mili25 tary departments, submit to the Committees on Armed 
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1 Services of the Senate and the House of Representatives 

2 a plan to implement the recommendations of the Task 

3 Force as included in the report of the Task Force under 

4 subsection (c). 

5 (e) ADMINISTRATIVE MATTERS.— 

6 (1) COMPENSATION.—Each member of the 

7 Task Force who is a member of the Armed Forces 

8 or a civilian officer or employee of the United States 

9 shall serve on the Task Force without compensation 

10 (other than compensation to which entitled as a 

11 member of the Armed Forces or an officer or em12 ployee of the United States, as the case may be). 

13 Other members of the Task Force shall be appointed 

14 in accordance with, and subject to, the provisions of 

15 section 3161 of title 5, United States Code. 

16 (2) OVERSIGHT.—The Under Secretary of De17 fense for Personnel and Readiness shall oversee the 

18 Task Force. The Washington Headquarters Services 

19 of the Department of Defense shall provide the Task 

20 Force with personnel, facilities, and other adminis21 trative support as necessary for the performance of 

22 the duties of the Task Force. 

23 (3) VISITS TO MILITARY FACILITIES.—Any visit 

24 by the Task Force to a military installation or facil25 ity shall be undertaken through the Deputy Under 
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1 Secretary of Defense for Personnel and Readiness, 

2 in coordination with the Secretaries of the military 

3 departments. 

4 (f) TERMINATION.—The Task Force shall terminate 

5 90 days after the date on which the Task Force submits 

6 to the Secretary of Defense the report of the Task Force 

7 under subsection (c). 

8 SEC. 733. REPORT ON USE OF ALTERNATIVE THERAPIES IN 

9 TREATMENT OF POST-TRAUMATIC STRESS 

10 DISORDER. 

11 (a) IN GENERAL.—Not later than December 31, 

12 2010, the Secretary of Defense and the Secretary of Vet13 erans Affairs shall jointly submit to the appropriate com14 mittees of Congress a report on research related to post15 traumatic stress disorder. 

16 (b) ELEMENTS.—The report required by subsection 

17 (a) shall include the following: 

18 (1) The status of all studies and clinical trials 

19 that involve treatments of post-traumatic stress dis20 order conducted by the Department of Defense and 

21 the Department of Veterans Affairs. 

22 (2) The effectiveness of alternative therapies in 

23 the treatment of post-traumatic stress disorder, in24 cluding the therapeutic use of animals. 
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1 (3) Identification of areas in which the Depart2 ment of Defense and the Department of Veterans 

3 Affairs may be duplicating studies, programs, or re4 search with respect to post-traumatic stress dis5 order. 

6 (c) APPROPRIATE COMMITTEES OF CONGRESS DE7 FINED.—In this section, the term ‘‘appropriate commit8 tees of Congress’’ means— 

9 (1) the Committee on Armed Services, the 

10 Committee on Appropriations, and the Committee on 

11 Veterans’ Affairs of the Senate; and 

12 (2) the Committee on Armed Services, the 

13 Committee on Appropriations, and the Committee on 

14 Veterans’ Affairs of the House of Representatives. 

15 TITLE VIII—ACQUISITION POL16 ICY, ACQUISITION MANAGE17 MENT, AND RELATED MAT18 TERS 

19 Subtitle A—Amendments to Gen20 eral Contracting Authorities, 

21 Procedures, and Limitations 

22 SEC. 801. CONTRACT AUTHORITY FOR ADVANCED DEVEL23 OPMENT OF PROTOTYPE UNITS. 

24 (a) CONTRACT AUTHORITY.— 
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1 (1) IN GENERAL.—Chapter 139 of title 10, 

2 United States Code, is amended by inserting after 

3 section 2359b the following new section: 

4 ‘‘§ 2359c. Contract authority for advanced develop5 ment of prototype units 

6 ‘‘(a) AUTHORITY.—A contract initially awarded from 

7 the competitive selection of a proposal resulting from a 

8 broad agency announcement pursuant to section 

9 2302(2)(B) of this title may contain a contract line item 

10 or an option, including not-to-exceed prices, for either of 

11 the following: 

12 ‘‘(1) The delivery of a specified number of pro13 totype items to demonstrate technology developed 

14 under the contract. 

15 ‘‘(2) The provision, for a specified period of 

16 time, of advanced component development effort or 

17 effort to prototype technology developed under the 

18 contract. 

19 ‘‘(b) LIMITATIONS.—(1) The number of prototype 

20 items specified pursuant to subsection (a)(1) may not ex21 ceed the minimum number required to ensure that re22 search and development work can continue without inter23 ruption during the solicitation and award of a follow-on 

24 competitive contract. 
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1 ‘‘(2) The period of time specified under subsection 

2 (a)(2) may not exceed 12 months. 

3 ‘‘(3) The dollar value of the work to be performed 

4 pursuant to a contract line item or option under sub5 section (a) may not exceed the lesser of the amounts as 

6 follows: 

7 ‘‘(A) The amount that is three times the dollar 

8 value of the work previously performed under the 

9 contract. 

10 ‘‘(B) $20,000,000.’’. 

11 (2) CLERICAL AMENDMENT.—The table of sec12 tions at the beginning of chapter 139 of such title 

13 is amended by inserting after the item relating to 

14 section 2359b the following new item: 

‘‘2359c. Contract authority for advanced development of prototype units.’’. 

15 (b) SUNSET.— 

16 (1) IN GENERAL.—Effective on the date that is 

17 five years after the date of the enactment of this 

18 Act— 

19 (A) section 2359c of title 10, United 

20 States Code (as added by subsection (a)), is re21 pealed; and 

22 (B) the table of sections at the beginning 

23 of chapter 139 of such title (as amended by 

24 subsection (a)) is further amended by striking 

25 the item relating to section 2359c. 
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1 (2) CONTINUATION OF LINE ITEMS AND OP2 TIONS.—The repeal of section 2359c of title 10, 

3 United States Code (as so added), by paragraph (1) 

4 shall not affect the authority of the Department of 

5 Defense to exercise any contract line item or option 

6 included in a contract under the authority of such 

7 section before the effective date of the repeal of such 

8 section under paragraph (1). 

9 (c) REPORT.—Not later than three years after the 

10 date of the enactment of this Act, the Secretary of Defense 

11 shall submit to the congressional defense committees a re12 port on the use of the authority provided by section 2359c 

13 of title 10, United States Code (as added by subsection 

14 (a)). The report shall, at a minimum— 

15 (1) identify the number of times the authority 

16 in section 2359c of title 10, United States Code (as 

17 so added), has been used by each military depart18 ment and Defense Agency, and the dollar amount of 

19 contract line items or options exercised pursuant to 

20 such authority; 

21 (2) assess the effectiveness of the authority in 

22 promoting the maturation of technologies and in ad23 dressing potential gaps between science and tech24 nology projects and acquisition programs; 
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1 (3) assess any potential anti-competitive im2 pacts resulting from the use of the authority; and 

3 (4) make such recommendations as the Sec4 retary considers appropriate. 

5 SEC. 802. JUSTIFICATION AND APPROVAL OF SOLE-SOURCE 

6 CONTRACTS. 

7 (a) IN GENERAL.—Not later than 180 days after the 

8 date of the enactment of this Act, the Secretary of Defense 

9 shall modify the Department of Defense Supplement to 

10 the Federal Acquisition Regulation to provide that the 

11 head of an agency may not award a sole-source contract 

12 for an amount exceeding $20,000,000 unless— 

13 (1) the contracting officer for the contract justi14 fies the use of a sole-source contract in writing; and 

15 (2) the justification is approved by an official 

16 designated in section 2304(f)(1)(B) of title 10, 

17 United States Code, to approve contract awards for 

18 dollar amounts that are comparable to the amount 

19 of the sole-source contract. 

20 (b) ELEMENTS OF JUSTIFICATION.—The justifica21 tion of a sole-source contract required pursuant to sub22 section (a) shall include the following: 

23 (1) A description of the needs of the agency 

24 concerned for the matters covered by the contract. 
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1 (2) A specification of the statutory provision 

2 providing the exception from the requirement to use 

3 competitive procedures in entering into the contract. 

4 (3) A determination that the use of a sole5 source contract is in the best interest of the Depart6 ment of Defense. 

7 (4) A determination that the anticipated cost of 

8 the contract will be fair and reasonable. 

9 (5) Such other matters as the Secretary shall 

10 specify for purposes of this section. 

11 (c) CONSTRUCTION WITH COMPETITION IN CON12 TRACTING ACT REQUIREMENTS.—In the case of any con13 tract for which a justification and approval is required 

14 under section 2304(f) of title 10, United States Code, a 

15 justification and approval meeting the requirements of 

16 such section may be treated as meeting the requirements 

17 of this section for purposes of the award of a sole-source 

18 contract. 
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1 Subtitle B—Acquisition Policy and 

2 Management 

3 SEC. 811. REPORTING REQUIREMENTS FOR PROGRAMS 

4 THAT QUALIFY AS BOTH MAJOR AUTOMATED 

5 INFORMATION SYSTEM PROGRAMS AND 

6 MAJOR DEFENSE ACQUISITION PROGRAMS. 

7 (a) IN GENERAL.—Section 2445d of title 10, United 

8 States Code, is amended by striking ‘‘of this title’’ and 

9 all that follows and inserting ‘‘of this title, the Secretary 

10 may designate the program to be treated only as a major 

11 automated information system program covered by this 

12 chapter or to be treated only as a major defense acquisi13 tion program covered by such chapter 144.’’. 

14 (b) GUIDANCE REQUIRED.—Not later than 180 days 

15 after the date of the enactment of this Act, the Secretary 

16 of Defense shall issue guidance on the implementation of 

17 section 2445d of title 10, United States Code (as amended 

18 by subsection (a)). The guidance shall provide that, as a 

19 general rule— 

20 (1) a program covered by such section that re21 quires the development of customized hardware shall 

22 be treated only as a major defense acquisition pro23 gram under chapter 144 of title 10, United States 

24 Code; and 
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1 (2) a program covered by such section that does 

2 not require the development of customized hardware 

3 shall be treated only as a major automated informa4 tion system program under chapter 144A of title 10, 

5 United States Code. 

6 SEC. 812. FUNDING OF DEPARTMENT OF DEFENSE ACQUISI7 TION WORKFORCE DEVELOPMENT FUND. 

8 (a) ADDITIONAL ELEMENT OF FUND.—Subsection 

9 (d) of section 1705 of title 10, United States Code, is 

10 amended— 

11 (1) in paragraph (1)— 

12 (A) by redesignating subparagraph (B) as 

13 subparagraph (C); and 

14 (B) by inserting after subparagraph (A) 

15 the following new subparagraph (B): 

16 ‘‘(B) Amounts transferred to the Fund 

17 pursuant to paragraph (3).’’; and 

18 (2) by adding at the end the following new 

19 paragraph: 

20 ‘‘(3) TRANSFER OF CERTAIN UNOBLIGATED

21 BALANCES.—To the extent provided in appropria22 tions Acts, the Secretary of Defense may, during the 

23 24-month period following the expiration of avail24 ability for obligation of any appropriations made to 

25 the Department of Defense for procurement, re-
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1 search, development, test, and evaluation, or oper2 ation and maintenance, transfer to the Fund any 

3 unobligated balance of such appropriations. Any 

4 amount so transferred shall be credited to the 

5 Fund.’’. 

6 (b) NATURE OF EXPENDED AMOUNTS PROVIDING

7 BASIS FOR CREDIT TO FUND.—Subparagraph (A) of 

8 paragraph (2) of such subsection is amended by striking 

9 ‘‘, other than’’ and all that follows and inserting ‘‘from 

10 amounts available for operation and maintenance.’’. 

11 (c) REMITTANCES.—Subparagraph (B) of paragraph 

12 (2) of such subsection is amended by inserting ‘‘, from 

13 amounts available to such military department or Defense 

14 Agency, as the case may be, for operation and mainte15 nance,’’ after ‘‘remit to the Secretary of Defense’’. 

16 (d) ADDITIONAL MATTERS RELATING TO REMIT17 TANCES.—Such subsection is further amended— 

18 (1) in paragraph (2)(B), by striking ‘‘Not later 

19 than’’ and inserting ‘‘Subject to paragraph (4), not 

20 later than’’; and 

21 (2) by adding at the end the following new 

22 paragraph: 

23 ‘‘(4) ADDITIONAL REQUIREMENTS AND LIMITA24 TIONS ON REMITTANCES.—(A) In the event amounts 

25 are transferred to the Fund during a fiscal year pur-
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1 suant to paragraph (1)(B) or appropriated to the 

2 Fund for a fiscal year pursuant to paragraph (1)(C), 

3 the aggregate amount otherwise required to be re4 mitted to the Fund for that fiscal year pursuant to 

5 paragraph (2)(B) shall be reduced by the amount 

6 equal to the amounts so transferred or appropriated 

7 to the Fund during or for that fiscal year. Any re8 duction in the aggregate amount required to be re9 mitted to the Fund for a fiscal year under this sub10 paragraph shall be allocated as provided in applica11 ble provisions of appropriations Acts or, absent such 

12 provisions, on a pro rata basis among the military 

13 departments and Defense Agencies required to make 

14 remittances to the Fund for that fiscal year under 

15 paragraph (2)(B). 

16 ‘‘(B) Any remittance of amounts to the Fund 

17 for a fiscal year under paragraph (2) shall be sub18 ject to the availability of appropriations for that pur19 pose.’’. 

20 (e) REMITTANCE AMOUNTS.—Paragraph (2) of such 

21 subsection is further amended by striking subparagraphs 

22 (C) and (D) and inserting the following new subpara23 graphs: 

24 ‘‘(C) For purposes of this paragraph, the appli25 cable percentage for a fiscal year is the percentage 
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1 that results in the credit to the Fund in such fiscal 

2 year of an amount as follows: 

3 ‘‘(i) For fiscal year 2010, $570,000,000. 

4 ‘‘(ii) For fiscal year 2011, $770,000,000. 

5 ‘‘(iii) For fiscal year 2012, $900,000,000. 

6 ‘‘(iv) For fiscal year 2013, 

7 $1,180,000,000. 

8 ‘‘(v) For fiscal year 2014, $1,330,000,000. 

9 ‘‘(vi) For fiscal year 2015, 

10 $1,470,000,000. 

11 ‘‘(D) The Secretary of Defense may reduce a 

12 percentage specified in subparagraph (C) for a fiscal 

13 year if the Secretary determines that the application 

14 of such percentage would result in the crediting to 

15 the Fund in such fiscal year of an amount greater 

16 than is reasonably needed for purposes of the Fund. 

17 The percentage for a fiscal year, as so reduced, may 

18 not be a percentage that will result in the credit to 

19 the Fund in such fiscal year of an amount that is 

20 less than 80 percent of the amount otherwise speci21 fied in subparagraph (C) for such fiscal year.’’. 

22 (f) CLARIFICATION OF LIMITATION ON PAY OF BASE

23 SALARY OF CURRENT EMPLOYEES.—Subsection (e)(5) of 

24 such section is amended by striking ‘‘as of the date of 

25 the enactment of the National Defense Authorization Act 
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1 for Fiscal Year 2008’’ and inserting ‘‘serving in a position 

2 in the acquisition workforce as of January 28, 2008’’. 

3 (g) TECHNICAL AMENDMENTS.— 

4 (1) Subsection (a) of such section is amended 

5 by inserting ‘‘Development’’ after ‘‘Workforce’’. 

6 (2) Subsection (f) of such section is amended in 

7 the matter preceding paragraph (1) by striking ‘‘be8 ginning with fiscal year 2008’’. 

9 (h) EFFECTIVE DATES.— 

10 (1) FUNDING AMENDMENTS.—The amendments 

11 made by subsections (a) through (e) shall take effect 

12 on October 1, 2009. 

13 (2) TECHNICAL AMENDMENTS.—The amend14 ments made by subsections (f) and (g) shall take ef15 fect on the date of the enactment of this Act. 

16 SEC. 813. ENHANCEMENT OF EXPEDITED HIRING AUTHOR17 ITY FOR DEFENSE ACQUISITION WORKFORCE 

18 POSITIONS. 

19 (a) IN GENERAL.—Paragraph (1) of section 1705(h) 

20 of title 10, United States Code, is amended— 

21 (1) in subparagraph (A), by striking ‘‘acquisi22 tion positions within the Department of Defense as 

23 shortage category position’’ and inserting ‘‘acquisi24 tion workforce positions as positions for which there 
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1 exists a shortage of candidates or there is a critical 

2 hiring need’’; and 

3 (2) in subparagraph (B), by striking ‘‘highly 

4 qualified’’ and inserting ‘‘appropriately qualified’’. 

5 (b) EXTENSION.—Paragraph (2) of such section is 

6 amended by striking ‘‘September 30, 2012’’ and inserting 

7 ‘‘September 30, 2015’’. 

8 (c) TECHNICAL AMENDMENT.—Paragraph (1) of 

9 such section is further amended by striking ‘‘United 

10 States Code,’’ in the matter preceding subparagraph (A). 

11 SEC. 814. TREATMENT OF NON-DEFENSE AGENCY PRO12 CUREMENTS UNDER JOINT PROGRAMS WITH 

13 THE DEPARTMENT OF DEFENSE UNDER LIMI14 TATIONS ON NON-DEFENSE AGENCY PRO15 CUREMENTS ON BEHALF OF THE DEPART16 MENT OF DEFENSE. 

17 Section 801(b) of the National Defense Authorization 

18 Act for Fiscal Year 2008 (10 U.S.C. 2304 note) is amend19 ed by adding at the end the following new paragraph: 

20 ‘‘(3) TREATMENT OF PROCUREMENTS UNDER

21 JOINT PROGRAMS.—For purposes of this subsection, 

22 a contract entered by a non-defense agency for the 

23 performance of a joint program conducted to meet 

24 the needs of the Department of Defense and the 

25 non-defense agency shall not be considered a pro-
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1 curement of property or services for the Department 

2 of Defense through a non-defense agency.’’. 

3 SEC. 815. COMPTROLLER GENERAL OF THE UNITED 

4 STATES REPORT ON TRAINING OF ACQUISI5 TION AND AUDIT PERSONNEL OF THE DE6 PARTMENT OF DEFENSE. 

7 (a) REPORT REQUIRED.—Not later than one year 

8 after the date of the enactment of this Act, the Comp9 troller General of the United States shall submit to the 

10 congressional defense committees a report setting forth an 

11 assessment of the efficacy of Department of Defense train12 ing for acquisition and audit personnel of the Department 

13 of Defense. 

14 (b) ELEMENTS.—The report required by subsection 

15 (a) shall include, at a minimum, the following: 

16 (1) An assessment of the nature and efficacy of 

17 training (including training materials and methods) 

18 required for acquisition and audit personnel of the 

19 Department of Defense. 

20 (2) An assessment of the timeliness and man21 ner in which the Department of Defense provides 

22 training for such personnel. 

23 (3) An assessment of the extent to which such 

24 training reaches appropriate acquisition personnel, 
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1 including personnel outside the acquisition workforce 

2 who exercise significant acquisition responsibilities. 

3 (4) An assessment of the extent to which each 

4 of the Department of Defense and the Department 

5 of the Army have implemented the recommendations 

6 of the Commission on Army Acquisition and Pro7 gram Management in Expeditionary Operations re8 lating to training of acquisition personnel. 

9 (5) Such recommendations as the Comptroller 

10 General considers appropriate regarding training of 

11 acquisition and audit personnel of the Department 

12 of Defense, including recommendations regarding 

13 best practices and objectives for improved training of 

14 such acquisition and audit personnel. 

15 Subtitle C—Contractor Matters 

16 SEC. 821. AUTHORITY FOR GOVERNMENT SUPPORT CON17 TRACTORS TO HAVE ACCESS TO TECHNICAL 

18 DATA BELONGING TO PRIME CONTRACTORS. 

19 (a) AUTHORITY.— 

20 (1) ACCESS TO TECHNICAL DATA.—Subsection 

21 (c) of section 2320 of title 10, United States Code, 

22 is amended— 

23 (A) in paragraph (1), by striking ‘‘or’’ at 

24 the end; 
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1 (B) by redesignating paragraph (2) as 

2 paragraph (3); and 

3 (C) by inserting after paragraph (1) the 

4 following new paragraph (2): 

5 ‘‘(2) notwithstanding any limitation upon the li6 cense rights conveyed under subsection (a), allowing 

7 a covered Government support contractor access to 

8 and use of any technical data delivered under a con9 tract for the sole purpose of furnishing independent 

10 and impartial advice or technical assistance directly 

11 to the Government in support of the Government’s 

12 management and oversight of the program or effort 

13 to which such technical data relates; or’’. 

14 (2) COVERED GOVERNMENT SUPPORT CON15 TRACTOR DEFINED.—Such section is further amend16 ed by adding at the end the following new sub17 section: 

18 ‘‘(f) In this section, the term ‘covered Government 

19 support contractor’ means a contractor under a contract 

20 the primary purpose of which is to furnish independent 

21 and impartial advice or technical assistance directly to the 

22 Government in support of the Government’s management 

23 and oversight of a program or effort (rather than to di24 rectly furnish an end item or service to accomplish a pro25 gram or effort), which contractor— 
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1 ‘‘(1) is not affiliated with the prime contractor 

2 or a first-tier subcontractor on the program or ef3 fort, or with any direct competitor of such prime 

4 contractor or any such first-tier subcontractor in 

5 furnishing end items or services of the type devel6 oped or produced on the program or effort; and 

7 ‘‘(2) executes a contract with the Government 

8 agreeing to and acknowledging— 

9 ‘‘(A) that proprietary or nonpublic tech10 nical data furnished will be accessed and used 

11 only for the purposes stated in that contract; 

12 ‘‘(B) that a breach of that contract by the 

13 covered Government support contractor with re14 gard to a third party’s ownership or rights in 

15 such technical data may subject the covered 

16 Government support contractor— 

17 ‘‘(i) to criminal, civil, administrative, 

18 and contractual actions in law and equity 

19 for penalties, damages, and other appro20 priate remedies by the United States; and 

21 ‘‘(ii) to civil actions for damages and 

22 other appropriate remedies by the con23 tractor or subcontractor whose technical 

24 data is affected by the breach; 
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1 ‘‘(C) that such technical data provided to 

2 the covered Government support contractor 

3 under the authority of this section shall not be 

4 used by the covered Government support con5 tractor to compete against the third party for 

6 Government or non-Government contracts; and 

7 ‘‘(D) that any breach of the nondisclosure 

8 obligations under subparagraphs (A) through 

9 (C) may constitute a violation of section 1905 

10 of title 18.’’. 

11 (b) CRIMINAL PENALTY.—Section 1905 of title 18, 

12 United States Code, is amended by inserting ‘‘or being 

13 an officer, agent, or employee of a private sector organiza14 tion having a contractual nondisclosure agreement under 

15 the authority of section 2320(f)(2) of title 10,’’ after 

16 ‘‘Antitrust Civil Process Act (15 U.S.C. 1311-1314),’’. 

17 SEC. 822. EXTENSION AND ENHANCEMENT OF AUTHORI18 TIES ON THE COMMISSION ON WARTIME CON19 TRACTING IN IRAQ AND AFGHANISTAN. 

20 (a) DATE OF FINAL REPORT.—Subsection (d)(3) of 

21 section 841 of the National Defense Authorization Act for 

22 Fiscal Year 2008 (Public Law 110–181; 122 Stat. 230) 

23 is amended by striking ‘‘two years’’ and inserting ‘‘three 

24 years’’. 
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1 (b) ASSISTANCE FROM FEDERAL AGENCIES.—Such 

2 section is further amended— 

3 (1) by redesignating subsections (f) and (g) as 

4 subsections (g) and (h), respectively; and 

5 (2) by inserting after subsection (e) the fol6 lowing new subsection (f): 

7 ‘‘(f) ASSISTANCE FROM FEDERAL AGENCIES.— 

8 ‘‘(1) DEPARTMENT OF DEFENSE.—The Sec9 retary of Defense shall provide to the Commission 

10 administrative support for the performance of the 

11 Commission’s functions in carrying out the require12 ments of this section. 

13 ‘‘(2) TRAVEL AND LODGING IN COMBAT THEA14 TERS.—The administrative support provided the 

15 Commission under paragraph (1) shall include travel 

16 and lodging undertaken in combat theaters, which 

17 support shall be provided on a non-reimbursable 

18 basis. 

19 ‘‘(3) OTHER DEPARTMENTS AND AGENCIES.— 

20 In addition to the support required by paragraph 

21 (1), any department or agency of the Federal Gov22 ernment may provide to the Commission such serv23 ices, funds, facilities, staff, and other support serv24 ices for the performance of the Commission’s func25 tions as the head of such department or agency con-
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1 siders advisable, or as may otherwise be authorized 

2 by law.’’. 

3 SEC. 823. PROHIBITION ON INTERROGATION OF DETAIN4 EES BY CONTRACTOR PERSONNEL. 

5 (a) REGULATIONS REQUIRED.—Effective as of the 

6 date that is one year after the date of the enactment of 

7 this Act, the Department of Defense manpower mix cri8 teria and the Department of Defense Supplement to the 

9 Federal Acquisition Regulation shall be modified to pro10 vide the following: 

11 (1) That the interrogation of enemy prisoners 

12 of war, civilian internees, retained persons, other de13 tainees, terrorists, and criminals when captured, 

14 transferred, confined, or detained during or in the 

15 aftermath of hostilities is an inherently govern16 mental function and cannot be transferred to con17 tractor personnel. 

18 (2) That contractor personnel with proper 

19 training and security clearances may be used as lin20 guists, interpreters, report writers, information tech21 nology technicians, and other employees filling ancil22 lary positions in interrogations of persons as de23 scribed in paragraph (1) if such personnel are sub24 ject to the same rules, procedures, policies, and laws 

25 pertaining to detainee operations and interrogations 
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1 as apply to government personnel in such positions 

2 in such interrogations. 

3 (b) DISCHARGE BY GOVERNMENT PERSONNEL.—The 

4 Secretary of Defense shall take appropriate actions to en5 sure that, by not later than one year after the date of 

6 the enactment of this Act, the Department of Defense has 

7 the resources needed to ensure that interrogations de8 scribed in subsection (a)(1) are conducted by appro9 priately qualified government personnel. 

10 SEC. 824. MODIFICATIONS TO DATABASE FOR FEDERAL 

11 AGENCY CONTRACT AND GRANT OFFICERS 

12 AND SUSPENSION AND DEBARMENT OFFI13 CIALS. 

14 Subsection (c) of section 872 of the Duncan Hunter 

15 National Defense Authorization Act for Fiscal Year 2009 

16 (Public Law 110–417; 122 Stat. 4556) is amended— 

17 (1) by redesignating paragraphs (6) and (7) as 

18 paragraphs (8) and (9), respectively; and 

19 (2) by inserting after paragraph (5) the fol20 lowing new paragraphs: 

21 ‘‘(6) Each audit report that, as determined by 

22 an Inspector General or the head of an audit agency 

23 responsible for the report, contains significant ad24 verse information about a contractor that should be 

25 included in the database. 
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1 ‘‘(7) Each contract action that, as determined 

2 by the head of the contracting activity responsible 

3 for the contract action, reflects information about 

4 contractor performance or integrity that should be 

5 included in the database.’’. 

6 Subtitle D—Other Matters 

7 SEC. 831. ENHANCED AUTHORITY TO ACQUIRE PRODUCTS 

8 AND SERVICES PRODUCED IN CENTRAL ASIA, 

9 PAKISTAN, AND THE SOUTH CAUCASUS. 

10 (a) IN GENERAL.—In the case of a product or service 

11 to be acquired in support of military operations or stability 

12 operations (including security, transition, reconstruction, 

13 and humanitarian relief activities) in Afghanistan for 

14 which the Secretary of Defense makes a determination de15 scribed in subsection (b), the Secretary may conduct a 

16 procurement in which— 

17 (1) competition is limited to products or serv18 ices that are from Central Asia, Pakistan, or the 

19 South Caucasus; 

20 (2) procedures other than competitive proce21 dures are used to award a contract to a particular 

22 source or sources from Central Asia, Pakistan, or 

23 the South Caucasus; or 
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1 (3) a preference is provided for products or 

2 services that are from Central Asia, Pakistan, or the 

3 South Caucasus. 

4 (b) DETERMINATION.—A determination described in 

5 this subsection is a determination by the Secretary that— 

6 (1) the product or service concerned is to be 

7 used only by military forces, police, or other security 

8 personnel of Afghanistan; or 

9 (2) it is in the national security interest of the 

10 United States to limit competition, use procedures 

11 other than competitive procedures, or provide a pref12 erence as described in subsection (a) because— 

13 (A) such limitation, procedure, or pref14 erence is necessary— 

15 (i) to improve local market and trans16 portation infrastructure in Central Asia, 

17 Pakistan, or the South Caucasus in order 

18 to reduce overall United States transpor19 tation costs and risks in shipping goods in 

20 support of operations in Afghanistan; or 

21 (ii) to encourage states of Central 

22 Asia, Pakistan, or the South Caucasus to 

23 cooperate in expanding supply routes 

24 through their territory in support of oper25 ations in Afghanistan; and 
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1 (B) such limitation, procedure, or pref2 erence will not adversely affect— 

3 (i) operations in Afghanistan; or 

4 (ii) the United States industrial base. 

5 (c) PRODUCTS, SERVICES, AND SOURCES FROM CEN6 TRAL ASIA, PAKISTAN, OR THE SOUTH CAUCASUS.—For 

7 the purposes of this section: 

8 (1) A product is from the Central Asia, Paki9 stan, or the South Caucasus if it is mined, produced, 

10 or manufactured in Georgia, the Kyrgyz Republic, 

11 Pakistan, the Republic of Armenia, the Republic of 

12 Azerbaijan, the Republic of Kazakhstan, the Repub13 lic of Tajikistan, the Republic of Uzbekistan, or 

14 Turkmenistan. 

15 (2) A service is from Central Asia, Pakistan, or 

16 the South Caucasus if it is performed in Georgia, 

17 the Kyrgyz Republic, Pakistan, the Republic of Ar18 menia, the Republic of Azerbaijan, the Republic of 

19 Kazakhstan, the Republic of Tajikistan, the Repub20 lic of Uzbekistan, or Turkmenistan by citizens or 

21 permanent resident aliens of Georgia, the Kyrgyz 

22 Republic, Pakistan, the Republic of Armenia, the 

23 Republic of Azerbaijan, the Republic of Kazakhstan, 

24 the Republic of Tajikistan, the Republic of Uzbek25 istan, or Turkmenistan. 
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1 (3) A source is from Central Asia, Pakistan, or 

2 the South Caucasus if it— 

3 (A) is located in Georgia, the Kyrgyz Re4 public, Pakistan, the Republic of Armenia, the 

5 Republic of Azerbaijan, the Republic of 

6 Kazakhstan, the Republic of Tajikistan, the Re7 public of Uzbekistan, or Turkmenistan; and 

8 (B) offers products or services that are 

9 from Georgia, the Kyrgyz Republic, Pakistan, 

10 the Republic of Armenia, the Republic of Azer11 baijan, the Republic of Kazakhstan, the Repub12 lic of Tajikistan, the Republic of Uzbekistan, or 

13 Turkmenistan. 

14 (d) CONSTRUCTION WITH OTHER AUTHORITY.—The 

15 authority in subsection (a) is in addition to the authority 

16 in section 886 of the National Defense Authorization Act 

17 for Fiscal Year 2008 (Public Law 110–181; 122 Stat. 

18 266; 10 U.S.C. 2302 note). 

19 (e) ANNUAL REPORT.— 

20 (1) IN GENERAL.—Not later than December 31 

21 each year, the Secretary shall submit to Congress a 

22 report on the exercise of the authority in subsection 

23 (a) during the preceding fiscal year. 
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1 (2) ELEMENTS.—Each report under this sub2 section shall include, for the fiscal year covered by 

3 such report, the following: 

4 (A) A statement of the number of occa5 sions on which the Secretary made a determina6 tion under subsection (a) with respect to the ex7 ercise of the authority in subsection (a), regard8 less of whether or not the determination re9 sulted in the exercise of such authority. 

10 (B) The total amount of all procurements 

11 pursuant to the exercise of such authority, and 

12 the total amount of procurements for each 

13 country with respect to which such authority 

14 was exercised. 

15 (C) A description and assessment of the 

16 extent to which procurements pursuant to the 

17 exercise of such authority furthered the na18 tional security interest of the United States. 

19 (f) SUNSET.—The authority in subsection (a) shall 

20 expire on the date that is three years after the date of 

21 the enactment of this Act. 

22 SEC. 832. SMALL ARMS PRODUCTION INDUSTRIAL BASE 

23 MATTERS. 

24 (a) AUTHORITY TO MODIFY DEFINITION OF ‘‘SMALL

25 ARMS PRODUCTION INDUSTRIAL BASE’’.—Section 
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1 2473(c) of title 10, United States Code, is amended by 

2 inserting before the period at the end the following: ‘‘, and 

3 any subsequent modifications to such list of firms pursu4 ant to a review by the Secretary of Defense’’. 

5 (b) REVIEW OF SMALL ARMS PRODUCTION INDUS6 TRIAL BASE.— 

7 (1) REVIEW.—Not later than March 31, 2010, 

8 the Secretary of Defense shall review and determine, 

9 based upon manufacturing capability and capacity— 

10 (A) whether any firms included in the 

11 small arms production industrial base (as that 

12 term is defined in section 2473(c) of title 10, 

13 United States Code) should be eliminated or 

14 modified and whether any additional firms 

15 should be included; and 

16 (B) whether any of the small arms listed 

17 in section 2473(d) of title 10, United States 

18 Code, should be eliminated from the list or 

19 modified on the list, and whether any additional 

20 small arms should be included in the list. 

21 (2) REPORT.—Not later than March 31, 2010, 

22 the Secretary of Defense shall submit to the con23 gressional defense committees a report on the review 

24 conducted under this subsection, including any rec25 ommendations for changes to the list maintained 
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1 pursuant to subsection (c) of section 2473(d) of title 

2 10, United States Code, or the list under subsection 

3 (d) of such section. 

4 SEC. 833. EXTENSION OF SBIR AND STTR PROGRAMS OF 

5 THE DEPARTMENT OF DEFENSE. 

6 (a) SBIR EXTENSION.—Section 9(m) of the Small 

7 Business Act (15 U.S.C. 638(m)) is amended— 

8 (1) by striking ‘‘The authorization’’ and insert9 ing the following: 

10 ‘‘(1) IN GENERAL.—Except as provided in para11 graph (2), the authorization’’; and 

12 (2) by adding at the end the following: 

13 ‘‘(2) EXCEPTION FOR DEPARTMENT OF DE14 FENSE.—The Secretary of Defense and the Sec15 retary of each military department is authorized to 

16 carry out the Small Business Innovation Research 

17 Program of the Department of Defense until Sep18 tember 30, 2023.’’. 

19 (b) STTR REAUTHORIZATION.—Section 9(n)(1)(A) 

20 of the Small Business Act (15 U.S.C. 638(n)(1)(A)) is 

21 amended— 

22 (1) by striking ‘‘With respect’’ and inserting 

23 the following: 
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1 ‘‘(i) FEDERAL AGENCIES GEN2 ERALLY.—Except as provided in clause (i), 

3 with respect’’; and 

4 (2) by adding at the end the following: 

5 ‘‘(ii) DEPARTMENT OF DEFENSE.— 

6 The Secretary of Defense and the Sec7 retary of each military department shall 

8 carry out clause (i) with respect to each 

9 fiscal year through fiscal year 2023.’’. 

10 (c) EFFECTIVE DATE.—The amendments made by 

11 this section shall take effect on July 30, 2009. 

12 SEC. 834. EXPANSION AND PERMANENT AUTHORITY FOR 

13 SMALL BUSINESS INNOVATION RESEARCH 

14 COMMERCIALIZATION PROGRAM. 

15 (a) EXPANSION TO INCLUDE SMALL BUSINESS

16 TECHNOLOGY TRANSFER PROGRAM.—Section 9(y) of the 

17 Small Business Act (15 U.S.C. 638(y)) is amended in 

18 paragraphs (1), (2), and (4) by inserting ‘‘and the Small 

19 Business Technology Transfer Program’’ after ‘‘Small 

20 Business Innovation Research Program’’. 

21 (b) PERMANENT AUTHORITY.— 

22 (1) IN GENERAL.—Such section is further 

23 amended by striking paragraph (6). 

24 (2) CONFORMING AMENDMENTS.—Such section 

25 is further amended— 
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1 (A) in the subsection heading, by striking 

2 ‘‘PILOT’’; and 

3 (B) by striking ‘‘Pilot’’ each place it ap4 pears. 

5 SEC. 835. MEASURES TO ENSURE THE SAFETY OF FACILI6 TIES, INFRASTRUCTURE, AND EQUIPMENT 

7 FOR MILITARY OPERATIONS. 

8 (a) POLICY.—It shall be the policy of the Department 

9 of Defense to incorporate generally accepted industry 

10 standards for the safety and health of personnel, to the 

11 maximum extent practicable, into requirements for facili12 ties, infrastructure, and equipment that are intended for 

13 use by military or civilian personnel of the Department 

14 in current and future contingency operations. 

15 (b) CONTRACTS.—Not later than 120 days after the 

16 date of the enactment of this Act, the Secretary of Defense 

17 shall submit to the congressional defense committees a re18 port describing that actions that the Department of De19 fense has taken, or plans to take, to ensure that each con20 tract or task or delivery order entered into for the con21 struction, installation, repair, maintenance, or operation 

22 of facilities for use by military or civilian personnel of the 

23 Department in current and future contingency operations 

24 complies with the policy established in subsection (a). 
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1 (c) GENERALLY ACCEPTED INDUSTRY STANDARDS

2 FOR SAFETY.—For the purposes of this section, generally 

3 accepted industry standards for the safety of personnel in4 clude— 

5 (1) appropriate standards with respect to fire 

6 protection and structural integrity; and 

7 (2) standards with respect to electrical systems, 

8 water treatment, and telecommunications networks. 

9 SEC. 836. REPEAL OF REQUIREMENTS RELATING TO THE 

10 MILITARY SYSTEM ESSENTIAL ITEM BREAK11 OUT LIST. 

12 Section 813 of the National Defense Authorization 

13 Act for Fiscal Year 2004 (Public Law 108–136; 117 Stat. 

14 1543) is repealed. 

15 SEC. 837. DEFENSE SCIENCE BOARD REPORT ON RARE 

16 EARTH MATERIALS IN THE DEFENSE SUPPLY 

17 CHAIN. 

18 (a) REPORT REQUIRED.—Not later than one year 

19 after the date of the enactment of this Act, the Defense 

20 Science Board shall submit to the Committees on Armed 

21 Services of the Senate and the House of Representatives 

22 a report on the usage of rare earth materials in the supply 

23 chain of the Department of Defense. 

24 (b) ELEMENTS.—The report required by subsection 

25 (a) shall address, at a minimum, the following: 
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1 (1) The current and projected domestic and 

2 world-wide availability of rare earth materials for 

3 use by the Department of Defense in its weapon sys4 tems. 

5 (2) The extent to which weapon systems ac6 quired by the Department of Defense are currently 

7 dependent on, or are projected to become dependent 

8 on, rare earth materials supplied by sources that 

9 could be interrupted. 

10 (3) The risk to national security, if any, of de11 pendence on such sources for rare earth materials. 

12 (4) Any steps that the Department of Defense 

13 has taken or is planning to take to address any such 

14 risk to national security. 

15 (5) Such recommendations for further action to 

16 address the matters covered by the report as the De17 fense Science Board considers appropriate. 

18 (c) DEFINITIONS.—In this section: 

19 (1) The term ‘‘rare earth’’ means the chemical 

20 elements in the periodic table beginning with lan21 thanum and continuing to lutetium, and any associ22 ated elements. 

23 (2) The term ‘‘rare earth material’’ includes 

24 rare earth ores, semi-finished rare earth products, 

25 and components containing rare earth materials. 
403 

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1 SEC. 838. SMALL BUSINESS CONTRACTING PROGRAMS PAR2 ITY. 

3 Section 31(b)(2)(B) of the Small Business Act (15 

4 U.S.C. 657a(b)(2)(B)) is amended by striking ‘‘shall’’ and 

5 inserting ‘‘may’’. 

6 TITLE IX—DEPARTMENT OF DE7 FENSE ORGANIZATION AND 

8 MANAGEMENT 

9 Subtitle A—Department of Defense 

10 Management 

11 SEC. 901. DEPUTY UNDER SECRETARIES OF DEFENSE AND 

12 ASSISTANT SECRETARIES OF DEFENSE. 

13 (a) DEPUTY UNDER SECRETARIES OF DEFENSE.— 

14 Chapter 4 of title 10, United States Code, is amended by 

15 adding after section 137 the following new section: 

16 ‘‘§ 137a. Deputy Under Secretaries of Defense 

17 ‘‘(a)(1) There are five Deputy Under Secretaries of 

18 Defense. 

19 ‘‘(2)(A) The Deputy Under Secretaries of Defense re20 ferred to in paragraphs (1) through (3) of subsection (c) 

21 shall be appointed as provided in the applicable paragraph. 

22 ‘‘(B) The Deputy Under Secretaries of Defense re23 ferred to in paragraphs (4) and (5) of subsection (c) shall 

24 be appointed from civilian life by the President, by and 

25 with the advice and consent of the Senate. 
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1 ‘‘(3) The five Deputy Under Secretaries of Defense 

2 authorized by this section are the only Deputy Under Sec3 retaries of Defense. 

4 ‘‘(b) Each Deputy Under Secretary of Defense shall 

5 be the first assistant to an Under Secretary of Defense 

6 and shall assist such Under Secretary in the performance 

7 of the duties of the position of such Under Secretary and 

8 shall act for, and exercise the powers of, such Under Sec9 retary when such Under Secretary is absent or disabled. 

10 ‘‘(c)(1) One of the Deputy Under Secretaries is the 

11 Principal Deputy Under Secretary of Defense for Acquisi12 tion, Technology, and Logistics appointed pursuant to sec13 tion 133a of this title. 

14 ‘‘(2) One of the Deputy Under Secretaries is the 

15 Principal Deputy Under Secretary of Defense for Policy 

16 appointed pursuant to section 134a of this title. 

17 ‘‘(3) One of the Deputy Under Secretaries is the 

18 Principal Deputy Under Secretary of Defense for Per19 sonnel and Readiness appointed pursuant to section 136a 

20 of this title. 

21 ‘‘(4) One of the Deputy Under Secretaries shall be 

22 the Principal Deputy Under Secretary of Defense (Comp23 troller). 
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1 ‘‘(5) One of the Deputy Under Secretaries shall be 

2 the Principal Deputy Under Secretary of Defense for In3 telligence. 

4 ‘‘(d) The Deputy Under Secretaries of Defense take 

5 precedence in the Department of Defense after the Sec6 retary of Defense, the Deputy Secretary of Defense, the 

7 Secretaries of the military departments, the Under Secre8 taries of Defense, and the Deputy Chief Management Offi9 cer of the Department of Defense.’’. 

10 (b) ASSISTANT SECRETARIES OF DEFENSE.— 

11 (1) REDESIGNATION OF DEPUTY UNDER SEC12 RETARY FOR LOGISTICS AND MATERIEL READINESS

13 AS ASSISTANT SECRETARY.—Chapter 4 of such title 

14 is further amended— 

15 (A) by transferring section 133b to appear 

16 after section 138 and redesignating such sec17 tion, as so transferred, as section 138a; and 

18 (B) in such section, as so transferred and 

19 redesignated, by striking ‘‘Deputy Under Sec20 retary’’ each place it appears and inserting ‘‘As21 sistant Secretary’’. 

22 (2) ADDITIONAL ASSISTANT SECRETARIES.— 

23 Section 138 of such title is amended— 

24 (A) by striking subsection (a) and insert25 ing the following new subsection (a): 
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1 ‘‘(a)(1) There are 16 Assistant Secretaries of De2 fense. 

3 ‘‘(2)(A) The Assistant Secretary of Defense referred 

4 to in subsection (b)(7) shall be appointed as provided in 

5 that subsection. 

6 ‘‘(B) The other Assistant Secretaries of Defense shall 

7 be appointed from civilian life by the President, by and 

8 with the advice and consent of the Senate.’’; and 

9 (B) in subsection (b), by adding the fol10 lowing new paragraphs: 

11 ‘‘(6) One of the Assistant Secretaries shall be the As12 sistant Secretary of Defense for Acquisition. The Assist13 ant Secretary of Defense for Acquisition is the principal 

14 adviser to the Secretary of Defense and the Under Sec15 retary of Defense for Acquisition, Technology, and Logis16 tics on matters relating to acquisition. 

17 ‘‘(7) One of the Assistant Secretaries is the Assistant 

18 Secretary of Defense for Logistics and Materiel Readiness 

19 appointed pursuant to section 138a of this title. In addi20 tion to any duties and powers prescribed under paragraph 

21 (1), the Assistant Secretary of Defense for Logistics and 

22 Materiel Readiness shall have the duties specified in sec23 tion 138a of this title. 

24 ‘‘(8) One of the Assistant Secretaries shall be the As25 sistant Secretary of Defense for Installations and Environ-
407 

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1 ment. The Assistant Secretary of Defense for Installations 

2 and Environment is the principal adviser to the Secretary 

3 of Defense and the Under Secretary of Defense for Acqui4 sition, Technology, and Logistics on matters relating to 

5 Department of Defense installations and environmental 

6 policy. 

7 ‘‘(9) One of the Assistant Secretaries shall be the As8 sistant Secretary of Defense for Manufacturing and In9 dustrial Base. The Assistant Secretary of Defense for 

10 Manufacturing and Industrial Base is the principal ad11 viser to the Secretary of Defense and the Under Secretary 

12 of Defense for Acquisition, Technology, and Logistics on 

13 policies relating to the defense industrial base, carrying 

14 out the requirements of chapter 148 of this title, and exe15 cuting the authorities provided by the Defense Production 

16 Act of 1950 (50 U.S.C. App. 2061 et seq.). 

17 ‘‘(10) One of the Assistant Secretaries shall be the 

18 Assistant Secretary of Defense for Readiness. The Assist19 ant Secretary of Defense for Readiness is the principal 

20 adviser to the Secretary of Defense and the Under Sec21 retary of Defense for Personnel and Readiness on matters 

22 relating to military readiness. 

23 ‘‘(11) One of the Assistant Secretaries shall be the 

24 Assistant Secretary of Defense for Strategy, Plans, and 

25 Forces. The Assistant Secretary of Defense for Strategy, 
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1 Plans, and Forces is the principal adviser to the Secretary 

2 of Defense and the Under Secretary of Defense for Policy 

3 on matters relating to strategy, plans, and forces.’’. 

4 (c) CONFORMING AND CLERICAL AMENDMENTS.— 

5 (1) CONFORMING AMENDMENTS.— 

6 (A) Section 133a of such title is amend7 ed— 

8 (i) by striking ‘‘Deputy Under Sec9 retary of Defense for Acquisition and 

10 Technology’’ each place it appears and in11 serting ‘‘Principal Deputy Under Secretary 

12 of Defense for Acquisition, Technology, 

13 and Logistics’’; and 

14 (ii) by striking ‘‘duties relating to ac15 quisition and technology’’ and inserting 

16 ‘‘duties’’. 

17 (B) Section 134a of such title is amended 

18 by striking ‘‘Deputy Under Secretary’’ each 

19 place it appears and inserting ‘‘Principal Dep20 uty Under Secretary’’. 

21 (C) Section 134b of such title is repealed. 

22 (D) Section 136a of such title is amended 

23 by striking ‘‘Deputy Under Secretary’’ each 

24 place it appears and inserting ‘‘Principal Dep25 uty Under Secretary’’. 
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1 (2) SECTION HEADING AMENDMENTS.— 

2 (A) The heading of section 133a of such 

3 title is amended to read as follows: 

4 ‘‘§ 133a. Principal Deputy Under Secretary of Defense 

5 for Acquisition, Technology, and Logis6 tics’’. 

7 (B) The heading of section 134a of such 

8 title is amended to read as follows: 

9 ‘‘§ 134a. Principal Deputy Under Secretary of Defense 

10 for Policy’’. 

11 (C) The heading of section 136a of such 

12 title is amended to read as follows: 

13 ‘‘§ 136a. Principal Deputy Under Secretary of Defense 

14 for Personnel and Readiness’’. 

15 (D) The heading of section 138a of such 

16 title, as transferred and redesignated by sub17 section (b)(1) of this section, is amended to 

18 read as follows: 

19 ‘‘§ 138a. Assistant Secretary of Defense for Logistics 

20 and Materiel Readiness’’. 

21 (3) CLERICAL AMENDMENTS.—The table of sec22 tions at the beginning of chapter 4 of such title is 

23 amended— 

24 (A) by striking the item relating to section 

25 133a and inserting the following new item: 
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‘‘133a. Principal Deputy Under Secretary of Defense for Acquisition, Technology, and Logistics.’’; 

1 (B) by striking the items relating to sec2 tions 134a and 134b and inserting the following 

3 new item: 

‘‘134a. Principal Deputy Under Secretary of Defense for Policy.’’; 

4 (C) by striking the item relating to section 

5 136a and inserting the following new item: 

‘‘136a. Principal Deputy Under Secretary of Defense for Personnel and Readiness.’’; 

6 (D) by inserting after the item relating to 

7 section 137 the following new item: 

‘‘137a. Deputy Under Secretaries of Defense.’’; and 

8 (E) by inserting after the item relating to 

9 section 138 the following new item: 

‘‘138a. Assistant Secretary of Defense for Logistics and Materiel Readiness.’’. 

10 (d) EXECUTIVE SCHEDULE MATTERS.— 

11 (1) LEVEL III.—Section 5314 of title 5, United 

12 States Code, is amended by striking the item relat13 ing to the Deputy Under Secretary of Defense for 

14 Acquisition and Technology and inserting the fol15 lowing new item: 

16 ‘‘Principal Deputy Under Secretary of Defense 

17 for Acquisition, Technology, and Logistics.’’. 

18 (2) LEVEL IV.—Section 5315 of such title is 

19 amended— 
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1 (A) by striking the item relating to the As2 sistant Secretaries of Defense and inserting the 

3 following new item: 

4 ‘‘Assistant Secretaries of Defense (16).’’; and 

5 (B) by striking the items relating to the 

6 Deputy Under Secretary of Defense for Policy, 

7 the Deputy Under Secretary of Defense for 

8 Personnel and Readiness, and the Deputy 

9 Under Secretary of Defense for Logistics and 

10 Materiel Readiness and inserting the following 

11 new items: 

12 ‘‘Principal Deputy Under Secretary of Defense 

13 for Policy. 

14 ‘‘Principal Deputy Under Secretary of Defense 

15 for Personnel and Readiness. 

16 ‘‘Principal Deputy Under Secretary of Defense 

17 (Comptroller). 

18 ‘‘Principal Deputy Under Secretary of Defense 

19 for Intelligence.’’. 
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1 SEC. 902. REPEAL OF CERTAIN LIMITATIONS ON PER2 SONNEL AND CONSOLIDATION OF REPORTS 

3 ON MAJOR DEPARTMENT OF DEFENSE HEAD4 QUARTERS ACTIVITIES. 

5 (a) REPEAL OF CERTAIN LIMITATIONS ON PER6 SONNEL ASSIGNED TO MAJOR HEADQUARTERS ACTIVI7 TIES.— 

8 (1) REPEALS.—The following provisions of law 

9 are repealed: 

10 (A) Section 143 of title 10, United States 

11 Code. 

12 (B) Section 194 of such title. 

13 (C) Sections 3014(f), 5014(f), and 8014(f) 

14 of such title. 

15 (D) Section 601 of the Goldwater-Nichols 

16 Department of Defense Reorganization Act of 

17 1986 (10 U.S.C. 194 note). 

18 (2) CLERICAL AMENDMENTS.— 

19 (A) The table of sections at the beginning 

20 of chapter 4 of title 10, United States Code, is 

21 amended by striking the item relating to section 

22 143. 

23 (B) The table of sections at the beginning 

24 of subchapter I of chapter 8 of such title is 

25 amended by striking the item relating to section 

26 194. 
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1 (b) CONSOLIDATED ANNUAL REPORT.— 

2 (1) INCLUSION IN ANNUAL DEFENSE MAPOWER

3 REQUIREMENTS REPORT.—Section 115a of such title 

4 is amended by inserting after subsection (e) the fol5 lowing new subsection: 

6 ‘‘(f) The Secretary shall also include in each such re7 port the following information with respect to personnel 

8 assigned to or supporting major Department of Defense 

9 headquarters activities: 

10 ‘‘(1) The military end strength and civilian full11 time equivalents assigned to major Department of 

12 Defense headquarters activities for the preceding fis13 cal year and estimates of such numbers for the cur14 rent fiscal year and the budget fiscal year. 

15 ‘‘(2) A summary of the replacement during the 

16 preceding fiscal year of contract workyears providing 

17 support to major Department of Defense head18 quarters activities with military end strength or ci19 vilian full-time equivalents, including an estimate of 

20 the number associated with the replacement of con21 tracts performing inherently governmental or exempt 

22 functions. 

23 ‘‘(3) The plan for the continued review of con24 tract personnel supporting major Department of De25 fense headquarters activities for possible conversion 
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1 to military or civilian performance in accordance 

2 with section 2463 of this title.’’. 

3 (2) TECHNICAL AMENDMENTS TO REFLECT

4 NAME OF REPORT.— 

5 (A) Subsection (a) of such section is 

6 amended by inserting ‘‘defense’’ before ‘‘man7 power requirements report’’. 

8 (B)(i) The heading of such section is 

9 amended to read as follows: 

10 ‘‘§ 115a. Annual defense manpower requirements re11 port’’. 

12 (ii) The item relating to such section in the 

13 table of sections at the beginning of chapter 2 

14 of such title is amended to read as follows: 

‘‘1115a. Annual defense manpower requirements report.’’. 

15 (3) CONFORMING REPEALS.—The following pro16 visions of law are repealed: 

17 (A) Subsections (b) and (c) of section 901 

18 of the National Defense Authorization Act for 

19 Fiscal Year 2008 (Public Law 110–181; 122 

20 Stat. 272). 

21 (B) Section 1111 of the Duncan Hunter 

22 National Defense Authorization Act for Fiscal 

23 Year 2009 (Public Law 110–417; 122 Stat. 

24 4619). 
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1 SEC. 903. SENSE OF SENATE ON THE WESTERN HEMI2 SPHERE INSTITUTE FOR SECURITY CO3 OPERATION. 

4 (a) FINDINGS.—The Senate makes the following 

5 findings: 

6 (1) The Western Hemisphere Institute for Se7 curity Cooperation was established by section 911 of 

8 the Floyd D. Spence National Defense Authorization 

9 Act for Fiscal Year 2001 (as enacted into law by 

10 Public Law 106–398; 114 Stat. 1654A–226). 

11 (2) The Western Hemisphere Institute for Se12 curity Cooperation provides professional education 

13 and training to military personnel, law enforcement 

14 officials, and civilian personnel in support of the 

15 democratic principles set forth in the Charter of the 

16 Organization of American States. The Institute ef17 fectively promotes mutual knowledge, transparency, 

18 confidence, and cooperation among participating na19 tions. It also effectively builds strategic partnerships 

20 to address the great security challenges in the region 

21 while encouraging democratic values, respect for 

22 human rights, subordination to civilian authority, 

23 and understanding of United States customs and 

24 traditions. 

25 (3) The Western Hemisphere Institute for Se26 curity Cooperation supports the Security Coopera-
416 

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1 tion Guidance of the Secretary of Defense by ad2 dressing the building partner capacity education and 

3 training needs of the United States Southern Com4 mand and the United States Northern Command. 

5 (4) In a joint letter, dated April 9, 2009, Gen6 eral Renuart, the Commander of the United States 

7 Northern Command, and Admiral Stavridis, the 

8 Commander of the United States Southern Com9 mand, write ‘‘[t]he outstanding service that 

10 WHINSEC provides directly supports the United 

11 States Southern Command’s and United States 

12 Northern Command’s strategic objective of fostering 

13 lasting partnerships that will ensure security, en14 hance stability, and enable prosperity throughout the 

15 Americas’’ and notes that the Institute provides 

16 ‘‘culturally-sensitive training, with a strong emphasis 

17 on the values of democracy and human rights’’. 

18 (5) In establishing the Western Hemisphere In19 stitute for Security Cooperation, Congress mandates 

20 that participants at the Institute receive a minimum 

21 of 8 hours of instruction on human rights, due proc22 ess, the rule of law, the role of the Armed Forces 

23 in a democratic society, and civilian control of the 

24 military. Every course devotes at least 10 percent of 

25 its course work to democracy, ethics, and human 
417 

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1 rights issues. The Institute is also required to de2 velop a curriculum that includes leadership develop3 ment, counterdrug operations, peacekeeping, re4 source management, and disaster relief planning. In 

5 fiscal year 2008, the Institute presented 39 courses 

6 and hosted 1,196 students in residence at Fort 

7 Benning, Georgia, of whom 292 were police per8 sonnel, and trained an additional 280 students 

9 through the Mobile Training Team programs of the 

10 Institute. 

11 (6) Congress mandated the formation of a Fed12 eral advisory committee—an oversight committee 

13 unique to the Western Hemisphere Institute for Se14 curity Cooperation. It provides recommendations and 

15 an independent review of the Institute and its cur16 riculum to ensure the uniform adherence of the In17 stitute to United States law, regulations, and poli18 cies. The Board of Visitors of the Institute includes 

19 the Chairman and Ranking Member of the Com20 mittee on Armed Services of the Senate, the Chair21 man and Ranking Member of the Committee on 

22 Armed Services of the House of Representatives, the 

23 Secretary of State, the Commander of the United 

24 States Southern Command, the Commander of the 

25 United States Northern Command, the Commander 
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1 of the United States Training and Doctrine Com2 mand, and six members designated by the Secretary 

3 of Defense. The six members designated by the Sec4 retary of Defense include, to the extent practicable, 

5 individuals from academia and the religious and 

6 human rights communities. In addition to the 13 

7 members of the Board of Visitors, advisors and sub8 ject matter experts assist the Board in areas the 

9 Board considers necessary and appropriate. 

10 (7) The Western Hemisphere Institute for Se11 curity Cooperation operates in accordance with sec12 tion 8130 of the Department of Defense Appropria13 tions Act, 1999 (Public Law 105–262; 112 Stat. 

14 2335) that prohibits United States military assist15 ance to foreign military units that violate human 

16 rights, including security assistance programs fund17 ed through appropriations available for foreign oper18 ations and training programs funded through appro19 priations made available for the Department of De20 fense. 

21 (8) The Western Hemisphere Institute for Se22 curity Cooperation does not select students for par23 ticipation in its courses. A partner nation nominates 

24 students to attend the Institute, and in accordance 

25 with the law of the United States and the policies 
419 

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1 of the Department of Defense and the Department 

2 of State, the United States Embassy in such partner 

3 nation screens and conducts background checks on 

4 such nominees. The vetting process of nominees for 

5 participation in the Institute includes a background 

6 check by United States embassies in partner na7 tions, as well as checks by the Bureau of Western 

8 Hemisphere Affairs and the Bureau of Democracy, 

9 Human Rights, and Labor at the Department of 

10 State. The Department of State also uses the Abuse 

11 Case Evaluation System, a central database that ag12 gregates human rights abuse data into a single, 

13 searchable location, to ensure nominees have not 

14 been accused of any human rights abuses. 

15 (9) The training provided by the Western 

16 Hemisphere Institute for Security Cooperation is 

17 transparent and the Institute is open to visitors at 

18 any time. Visitors are welcome to sit in on classes, 

19 talk with students and faculty, and review instruc20 tional materials. Every year, the Institute hosts 

21 more than a thousand visiting students, faculty, ci22 vilian, and military officials. 

23 (b) SENSE OF SENATE.—It is the sense of the Senate 

24 that— 
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1 (1) the Western Hemisphere Institute for Secu2 rity Cooperation— 

3 (A) offers quality professional military bi4 lingual instruction for military officers and non5 commissioned officers that promotes democracy, 

6 subordination to civilian authority, and respect 

7 for human rights; and 

8 (B) is uniquely positioned to support the 

9 modernization of Latin America security forces 

10 as they work to transcend their own controver11 sial pasts; 

12 (2) the Western Hemisphere Institute for Secu13 rity Cooperation is building partner capacity which 

14 enhances regional and global security while encour15 aging respect for human rights and promoting 

16 democratic principles among eligible military per17 sonnel, law enforcement officials, and civilians of na18 tions of the Western Hemisphere; 

19 (3) the Western Hemisphere Institute for Secu20 rity Cooperation is an invaluable education and 

21 training facility whose curriculum is not duplicated 

22 in any of the military departments and is not re23 placeable by professional military education funded 

24 by appropriations for International Military Edu25 cation and Training (IMET), which education is not 
421 

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1 conducted in Spanish and does not concentrate on 

2 regional challenges; and 

3 (4) the Western Hemisphere Institute for Secu4 rity Cooperation is an essential tool to educate fu5 ture generations of Latin American leaders and im6 prove United States relationships with partner na7 tions that are working with the United States to 

8 promote democracy, prosperity, and stability in the 

9 Western Hemisphere. 

10 SEC. 904. REESTABLISHMENT OF POSITION OF VICE CHIEF 

11 OF THE NATIONAL GUARD BUREAU. 

12 (a) REESTABLISHMENT OF POSITION.— 

13 (1) IN GENERAL.—Chapter 1011 of title 10, 

14 United States Code, is amended— 

15 (A) by redesignating section 10505 as sec16 tion 10505a; and 

17 (B) by inserting after section 10504 the 

18 following new section 10505: 

19 ‘‘§ 10505. Vice Chief of the National Guard Bureau 

20 ‘‘(a) APPOINTMENT.—(1) There is a Vice Chief of the 

21 National Guard Bureau, selected by the Secretary of De22 fense from officers of the Army National Guard of the 

23 United States or the Air National Guard of the United 

24 States who— 
422 

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1 ‘‘(A) are recommended for such appointment by 

2 their respective Governors or, in the case of the Dis3 trict of Columbia, the commanding general of the 

4 District of Columbia National Guard; 

5 ‘‘(B) have had at least 10 years of federally rec6 ognized service in an active status in the National 

7 Guard; and 

8 ‘‘(C) are in a grade above the grade of colonel. 

9 ‘‘(2) The Chief and Vice Chief of the National Guard 

10 Bureau may not both be members of the Army or of the 

11 Air Force. 

12 ‘‘(3)(A) Except as provided in subparagraph (B), an 

13 officer appointed as Vice Chief of the National Guard Bu14 reau serves for a term of four years, but may be removed 

15 from office at any time for cause. 

16 ‘‘(B) The term of the Vice Chief of the National 

17 Guard Bureau shall end within a reasonable time (as de18 termined by the Secretary of Defense) following the ap19 pointment of a Chief of the National Guard Bureau who 

20 is a member of the same armed force as the Vice Chief. 

21 ‘‘(b) DUTIES.—The Vice Chief of the National Guard 

22 Bureau performs such duties as may be prescribed by the 

23 Chief of the National Guard Bureau. 
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1 ‘‘(c) GRADE.—The Vice Chief of the National Guard 

2 Bureau shall be appointed to serve in a grade decided by 

3 the Secretary of Defense. 

4 ‘‘(d) FUNCTIONS AS ACTING CHIEF.—When there is 

5 a vacancy in the office of the Chief of the National Guard 

6 Bureau or in the absence or disability of the Chief, the 

7 Vice Chief of the National Guard Bureau acts as Chief 

8 and performs the duties of the Chief until a successor is 

9 appointed or the absence of disability ceases.’’. 

10 (2) CLERICAL AMENDMENT.—The table of sec11 tions at the beginning of chapter 1011 of such title 

12 is amended by striking the item relating to section 

13 10505 and inserting the following new items: 

‘‘10505. Vice Chief of the National Guard Bureau. 

‘‘10505a. Director of the Joint Staff of the National Guard Bureau.’’. 

14 (b) CONFORMING AMENDMENT.—Section 

15 10506(a)(1) of such title is amended by striking ‘‘and the 

16 Director of the Joint Staff of the National Guard Bureau’’ 

17 and inserting ‘‘, the Vice Chief of the National Guard Bu18 reau, and the Director of the Joint Staff of the National 

19 Guard Bureau’’. 
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1 Subtitle B—Space Matters 

2 SEC. 911. PROVISION OF SPACE SITUATIONAL AWARENESS 

3 SERVICES AND INFORMATION TO NON4 UNITED STATES GOVERNMENT ENTITIES. 

5 (a) IN GENERAL.—Section 2274 of title 10, United 

6 States Code, is amended to read as follows: 

7 ‘‘§ 2274. Space situational awareness services and in8 formation: provision to non-United States 

9 Government entities 

10 ‘‘(a) AUTHORITY.—The Secretary of Defense may 

11 provide space situational awareness services and informa12 tion to, and may obtain space situational awareness data 

13 and information from, non-United States Government en14 tities in accordance with this section. Any such action may 

15 be taken only if the Secretary determines that such action 

16 is consistent with the national security interests of the 

17 United States. 

18 ‘‘(b) ELIGIBLE ENTITIES.—The Secretary may pro19 vide services and information under subsection (a) to, and 

20 may obtain data and information under subsection (a) 

21 from, any non-United States Government entity, including 

22 any of the following: 

23 ‘‘(1) A State. 

24 ‘‘(2) A political subdivision of a State. 

25 ‘‘(3) A United States commercial entity. 
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1 ‘‘(4) The government of a foreign country. 

2 ‘‘(5) A foreign commercial entity. 

3 ‘‘(c) AGREEMENT.—The Secretary may not provide 

4 space situational awareness services and information 

5 under subsection (a) to a non-United States Government 

6 entity unless that entity enters into an agreement with the 

7 Secretary under which the entity— 

8 ‘‘(1) agrees to pay an amount that may be 

9 charged by the Secretary under subsection (d); 

10 ‘‘(2) agrees not to transfer any data or tech11 nical information received under the agreement, in12 cluding the analysis of data, to any other entity 

13 without the express approval of the Secretary; and 

14 ‘‘(3) agrees to any other terms and conditions 

15 considered necessary by the Secretary. 

16 ‘‘(d) CHARGES.—(1) As a condition of an agreement 

17 under subsection (c), the Secretary may (except as pro18 vided in paragraph (2)) require the non-United States 

19 Government entity entering into the agreement to pay to 

20 the Department of Defense such amounts as the Secretary 

21 determines appropriate to reimburse the Department for 

22 the costs to the Department of providing space situational 

23 awareness services or information under the agreement. 
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1 ‘‘(2) The Secretary may not require the government 

2 of a State, or of a political subdivision of a State, to pay 

3 any amount under paragraph (1). 

4 ‘‘(e) CREDITING OF FUNDS RECEIVED.—(1) Funds 

5 received for the provision of space situational awareness 

6 services or information pursuant to an agreement under 

7 this section shall be credited, at the election of the Sec8 retary, to the following: 

9 ‘‘(A) The appropriation, fund, or account used 

10 in incurring the obligation. 

11 ‘‘(B) An appropriate appropriation, fund, or ac12 count currently available for the purposes for which 

13 the expenditures were made. 

14 ‘‘(2) Funds credited under paragraph (1) shall be 

15 merged with, and remain available for obligation with, the 

16 funds in the appropriation, fund, or account to which cred17 ited. 

18 ‘‘(f) PROCEDURES.—The Secretary shall establish 

19 procedures by which the authority under this section shall 

20 be carried out. As part of those procedures, the Secretary 

21 may allow space situational awareness services or informa22 tion to be provided through a contractor of the Depart23 ment of Defense. 

24 ‘‘(g) NONDISCLOSURE.—Any information received 

25 under subsection (a), records of agreements entered into 
427 

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1 under subsection (c), and analyses or data provided as a 

2 part of the provision of services or information under this 

3 section shall be exempt from disclosure under section 

4 552(b)(3) of title 5. 

5 ‘‘(h) IMMUNITY.—The United States, any agencies 

6 and instrumentalities thereof, and any individuals, firms, 

7 corporations, and other persons acting for the United 

8 States, shall be immune from any suit in any court for 

9 any cause of action arising from the provision or receipt 

10 of space situational awareness services or information, 

11 whether or not provided in accordance with this section, 

12 or any related action or omission.’’. 

13 (b) CLERICAL AMENDMENT.—The table of sections 

14 at the beginning of chapter 135 of such title is amended 

15 by striking the item relating to section 2274 and inserting 

16 the following new item: 

‘‘2274. Space situational awareness services and information: provision to nonUnited States Government entities.’’. 

17 (c) EFFECTIVE DATE.—The amendments made by 

18 this section shall take effect on October 1, 2009, or the 

19 date of the enactment of this Act, whichever is later. 
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1 SEC. 912. PLAN FOR MANAGEMENT AND FUNDING OF NA2 TIONAL POLAR-ORBITING OPERATIONAL EN3 VIRONMENTAL SATELLITE SYSTEM PRO4 GRAM. 

5 (a) IN GENERAL.—The Secretary of Defense, the 

6 Secretary of Commerce, and the Administrator of the Na7 tional Aeronautics and Space Administration shall jointly 

8 develop a plan for the management and funding of the 

9 National Polar-Orbiting Operational Environmental Sat10 ellite System Program (in this section referred to as the 

11 ‘‘Program’’) by the Department of Defense, the Depart12 ment of Commerce, and the National Aeronautics and 

13 Space Administration. 

14 (b) ELEMENTS.—The plan required under subsection 

15 (a) shall include the following: 

16 (1) Requirements for the Program. 

17 (2) The management structure of the Program. 

18 (3) A funding profile for the Program for each 

19 year of the Program for the Department of Defense, 

20 the Department of Commerce, and the National Aer21 onautics and Space Administration. 

22 (c) LIMITATION ON USE OF FUNDS.—Of the 

23 amounts authorized to be appropriated for fiscal year 

24 2010 by section 201(a)(3) for research, development, test, 

25 and evaluation for the Air Force and available for the Pro26 gram, not more than 50 percent of such amounts may be 
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1 obligated or expended before the date on which the plan 

2 developed under subsection (a) is submitted to the con3 gressional defense committees, the Committee on Com4 merce, Science, and Transportation of the Senate, and the 

5 Committee on Energy and Commerce of the House of 

6 Representatives. 

7 (d) SENSE OF SENATE.—It is the sense of the Senate 

8 that— 

9 (1) the National Polar-Orbiting Operational 

10 Environmental Satellite System Program, including 

11 the sensors, satellites, and orbits included in the 

12 Program, should be maintained; 

13 (2) the National Polar-Orbiting Operational 

14 Environmental Satellite System preparatory project 

15 should be managed and treated as an operational 

16 satellite; 

17 (3) the responsibility of Department of Defense 

18 milestone decision authority for the Program should 

19 be delegated to the Department of Defense Execu20 tive Agent for Space, and the Department of De21 fense Executive Agent for Space should become the 

22 member of the Tri-Agency Executive Committee 

23 from the Department of Defense; 
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1 (4) the Program Executive Office of the Pro2 gram should report directly to and take direction ex3 clusively from the Tri-Agency Executive Committee; 

4 (5) the acquisition procedures of the Depart5 ment of Defense should continue to be used in the 

6 Program; 

7 (6) the Administrator of the National Aero8 nautics and Space Administration and the Secretary 

9 of the Air Force should make support from the God10 dard Space Flight Center and the Space and Missile 

11 Systems Center, respectively, available for the Pro12 gram, as needed; 

13 (7) the budget for the Program should not be 

14 less than the estimate of the Cost Analysis Improve15 ment Group of the Department of Defense for the 

16 Program; 

17 (8) the Program should continue to be managed 

18 by a single program manager; 

19 (9) the Program should be managed as a long20 term operational program; and 

21 (10) once all requirements for the Program are 

22 fully agreed to by the Secretary of Defense, the Sec23 retary of Commerce, and the Administrator of the 

24 National Aeronautics and Space Administration, the 

25 Program should be executed with no modifications to 
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1 those requirements that would increase the cost, or 

2 extend the schedule, of the Program. 

3 Subtitle C—Intelligence Matters 

4 SEC. 921. INCLUSION OF DEFENSE INTELLIGENCE AGENCY 

5 IN AUTHORITY TO USE PROCEEDS FROM 

6 COUNTERINTELLIGENCE OPERATIONS. 

7 (a) IN GENERAL.—Section 423 of title 10, United 

8 States Code, is amended by inserting ‘‘and the Defense 

9 Intelligence Agency’’ after ‘‘the military departments’’ 

10 each place it appears in subsections (a) and (c). 

11 (b) CONFORMING AMENDMENTS.— 

12 (1) HEADING AMENDMENT.—The heading of 

13 such section is amended to read as follows: 

14 ‘‘§ 423. Authority to use proceeds from counterintel15 ligence operations of the military depart16 ments and the Defense Intelligence Agen17 cy’’. 

18 (2) TABLE OF SECTIONS.—The table of sections 

19 at the beginning of chapter 21 of such title is 

20 amended by striking the item relating to section 423 

21 and inserting the following new item: 

‘‘423. Authority to use proceeds from counterintelligence operations of the military departments and the Defense Intelligence Agency.’’. 
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1 Subtitle D—Other Matters 

2 SEC. 931. UNITED STATES MILITARY CANCER INSTITUTE. 

3 (a) ESTABLISHMENT.—Chapter 104 of title 10, 

4 United States Code, is amended by adding at the end the 

5 following new section: 

6 ‘‘§ 2118. United States Military Cancer Institute 

7 ‘‘(a) ESTABLISHMENT.—The Secretary of Defense 

8 shall establish in the University the United States Military 

9 Cancer Institute. The Institute shall be established pursu10 ant to regulations prescribed by the Secretary. 

11 ‘‘(b) PURPOSES.—The purposes of the Institute are 

12 as follows: 

13 ‘‘(1) To establish and maintain a clearinghouse 

14 of data on the incidence and prevalence of cancer 

15 among members and former members of the armed 

16 forces. 

17 ‘‘(2) To conduct research that contributes to 

18 the detection or treatment of cancer among the 

19 members and former members of the armed forces. 

20 ‘‘(c) HEAD OF INSTITUTE.—The Director of the 

21 United States Military Cancer Institute is the head of the 

22 Institute. The Director shall report to the President of the 

23 University regarding matters relating to the Institute. 

24 ‘‘(d) ELEMENTS.—(1) The Institute is composed of 

25 clinical and basic scientists in the Department of Defense 
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1 who have an expertise in research, patient care, and edu2 cation relating to oncology and who meet applicable cri3 teria for affiliation with the Institute. 

4 ‘‘(2) The components of the Institute include military 

5 treatment and research facilities that meet applicable cri6 teria and are designated as affiliates of the Institute. 

7 ‘‘(e) RESEARCH.—(1) The Director of the United 

8 States Military Cancer Institute shall carry out research 

9 studies on the following: 

10 ‘‘(A) The epidemiological features of cancer, in11 cluding assessments of the carcinogenic effect of ge12 netic and environmental factors, and of disparities in 

13 health, inherent or common among populations of 

14 various ethnic origins within the members of the 

15 armed forces. 

16 ‘‘(B) The prevention and early detection of can17 cer among members and former members of the 

18 armed forces. 

19 ‘‘(C) Basic, translational, and clinical investiga20 tion matters relating to the matters described in 

21 subparagraphs (A) and (B). 

22 ‘‘(2) The research studies under paragraph (1) shall 

23 include complementary research on oncologic nursing. 

24 ‘‘(f) COLLABORATIVE RESEARCH.—The Director of 

25 the United States Military Cancer Institute shall carry out 
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1 the research studies under subsection (e) in collaboration 

2 with other cancer research organizations and entities se3 lected by the Institute for purposes of the research studies. 

4 ‘‘(g) ANNUAL REPORT.—(1) Not later than Novem5 ber 1 each year, the Director of the United States Military 

6 Cancer Institute shall submit to the President of the Uni7 versity a report on the current status of the research stud8 ies being carried out by the Institute under subsection (e). 

9 ‘‘(2) Not later than 60 days after receiving a report 

10 under paragraph (1), the President of the University shall 

11 transmit such report to the Secretary of Defense and to 

12 Congress.’’. 

13 (b) CLERICAL AMENDMENT.—The table of sections 

14 at the beginning of chapter 104 of such title is amended 

15 by adding at the end the following new item: 

‘‘2118. United States Military Cancer Institute.’’. 

16 SEC. 932. INSTRUCTION OF PRIVATE SECTOR EMPLOYEES 

17 IN CYBER SECURITY COURSES OF THE DE18 FENSE CYBER INVESTIGATIONS TRAINING 

19 ACADEMY. 

20 (a) AUTHORITY TO RECEIVE INSTRUCTION.— 

21 (1) IN GENERAL.—The Secretary of Defense 

22 may permit eligible private sector employees to en23 roll in and receive instruction at the Defense Cyber 

24 Investigations Training Academy operated under the 

25 direction of the Defense Cyber Crime Center. 
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1 (2) LIMITATION.—Not more than the equiva2 lent of 200 full-time student positions at the De3 fense Cyber Investigations Training Academy may 

4 be filled at any one time by private sector employees 

5 enrolled under this section. 

6 (3) CERTIFICATION.—Upon successful comple7 tion of a course of instruction at the Defense Cyber 

8 Investigations Training Academy under this section, 

9 a private sector employee may be awarded an appro10 priate certification or diploma. 

11 (b) ELIGIBLE PRIVATE SECTOR EMPLOYEES.— 

12 (1) IN GENERAL.—For purposes of this section, 

13 an eligible private sector employee is an individual 

14 employed by a private entity, as determined by the 

15 Secretary— 

16 (A) that is engaged in providing to the De17 partment of Defense or other departments or 

18 agencies of the Federal Government significant 

19 and substantial defense-related systems, prod20 ucts, or services; or 

21 (B) whose work product is relevant to na22 tional security policy or strategy. 

23 (2) DURATION OF TREATMENT.—An individual 

24 is eligible for treatment as a private sector employee 

25 for purposes of this section only so long as the indi-
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1 vidual remains employed by a private entity de2 scribed in paragraph (1). 

3 (c) CURRICULA OPEN TO ENROLLEES.—The cur4 ricula of instruction for which eligible private sector em5 ployees may enroll at the Defense Cyber Investigations 

6 Training Academy under this section may only include 

7 curricula of instruction otherwise offered by the Academy 

8 that, as determined by the Secretary, are not readily avail9 able through other educational institutions. 

10 (d) TUITION.—A private sector employee enrolled at 

11 the Defense Cyber Investigations Training Academy under 

12 this section shall be charged tuition at a rate equal to the 

13 rate charged for civilian employees of the Federal Govern14 ment at the Academy. 

15 (e) STANDARDS OF CONDUCT.—While receiving in16 struction at the Defense Cyber Investigations Training 

17 Academy under this section, private sector employees en18 rolled at the Academy under this section shall, to the ex19 tent practicable, be subject to the same regulations gov20 erning academic performance, attendance, norms of be21 havior, and enrollment as apply to civilian employees of 

22 the Federal Government receiving instruction at the Acad23 emy. 

24 (f) USE OF FUNDS.—Notwithstanding section 3302 

25 of title 31, United States Code, or any other provision of 
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1 law, amounts received by the Defense Cyber Investigations 

2 Training Academy for the instruction of private sector em3 ployees enrolled under this section shall be retained by the 

4 Academy to defray the costs of such instruction. The 

5 source and disposition of funds so retained and utilized 

6 shall be specifically identified in records of the Academy. 

7 SEC. 933. PLAN ON ACCESS TO NATIONAL AIRSPACE FOR 

8 UNMANNED AIRCRAFT. 

9 (a) IN GENERAL.—The Secretary of Defense and the 

10 Secretary of Transportation shall, after consultation with 

11 the Secretary of Homeland Security, jointly develop a plan 

12 for providing access to the national airspace for unmanned 

13 aircraft of the Department of Defense. 

14 (b) ELEMENTS.—The plan required by subsection (a) 

15 shall include the following: 

16 (1) A description of how the Department of De17 fense and the Department of Transportation will 

18 communicate and cooperate, at the executive, man19 agement, and action levels, to provide access to the 

20 national airspace for unmanned aircraft of the De21 partment of Defense. 

22 (2) Specific milestones, aligned to operational 

23 and training needs, for providing access to the na24 tional airspace for unmanned aircraft and a transi25 tion plan for sites programmed to be activated as 
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1 unmanned aerial system sites during fiscal years 

2 2010 through 2015. 

3 (3) Recommendations for policies with respect 

4 to use of the national airspace, flight standards, and 

5 operating procedures that should be implemented by 

6 the Department of Defense and the Department of 

7 Transportation to accommodate unmanned aircraft 

8 assigned to any State or territory of the United 

9 States. 

10 (4) An identification of resources required by 

11 the Department of Defense and the Department of 

12 Transportation to execute the plan. 

13 (c) REPORT.—Not later than 180 days after the date 

14 of the enactment of this Act, the Secretary of Defense and 

15 the Secretary of Transportation shall submit to the con16 gressional defense committees, the Committee on Com17 merce, Science, and Transportation of the Senate, and the 

18 Committee on Transportation and Infrastructure of the 

19 House of Representatives a report containing the plan re20 quired by subsection (a). 

21 TITLE X—GENERAL PROVISIONS 

22 Subtitle A—Financial Matters 

23 SEC. 1001. GENERAL TRANSFER AUTHORITY. 

24 (a) AUTHORITY TO TRANSFER AUTHORIZATIONS.— 
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1 (1) AUTHORITY.—Upon determination by the 

2 Secretary of Defense that such action is necessary in 

3 the national interest, the Secretary may transfer 

4 amounts of authorizations made available to the De5 partment of Defense in this division for fiscal year 

6 2010 between any such authorizations for that fiscal 

7 year (or any subdivisions thereof). Amounts of au8 thorizations so transferred shall be merged with and 

9 be available for the same purposes as the authoriza10 tion to which transferred. 

11 (2) LIMITATION.—Except as provided in para12 graph (3), the total amount of authorizations that 

13 the Secretary may transfer under the authority of 

14 this section may not exceed $4,000,000,000. 

15 (3) EXCEPTION FOR TRANSFERS BETWEEN

16 MILITARY PERSONNEL AUTHORIZATIONS.—A trans17 fer of funds between military personnel authoriza18 tions under title IV shall not be counted toward the 

19 dollar limitation in paragraph (2). 

20 (b) LIMITATIONS.—The authority provided by this 

21 section to transfer authorizations— 

22 (1) may only be used to provide authority for 

23 items that have a higher priority than the items 

24 from which authority is transferred; and 
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1 (2) may not be used to provide authority for an 

2 item that has been denied authorization by Con3 gress. 

4 (c) EFFECT ON AUTHORIZATION AMOUNTS.—A 

5 transfer made from one account to another under the au6 thority of this section shall be deemed to increase the 

7 amount authorized for the account to which the amount 

8 is transferred by an amount equal to the amount trans9 ferred. 

10 (d) NOTICE TO CONGRESS.—The Secretary shall 

11 promptly notify Congress of each transfer made under 

12 subsection (a) 

13 SEC. 1002. AUDIT READINESS OF FINANCIAL STATEMENTS 

14 OF THE DEPARTMENT OF DEFENSE. 

15 (a) AUDIT READINESS OBJECTIVES.—It shall be the 

16 objective of the Department of Defense to ensure that— 

17 (1) the financial statements of the Department 

18 of the Army are validated as ready for audit by not 

19 later than March 31, 2017; 

20 (2) the financial statements of the Department 

21 of the Navy are validated as ready for audit by not 

22 later than March 31, 2016; 

23 (3) the financial statements of the Department 

24 of the Air Force are validated as ready for audit by 

25 not later than September 30, 2016; 
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1 (4) the financial statements of the Defense Lo2 gistics Agency are validated as ready for audit by 

3 not later than September 30, 2017; and 

4 (5) the financial statements of the Department 

5 of Defense are validated as ready for audit by not 

6 later than September 30, 2017. 

7 (b) ADJUSTMENT OF DEADLINE FOR OBJECTIVES.— 

8 (1) IN GENERAL.—In the event that the appro9 priate chief management officer determines that the 

10 Department of Defense, a military department, or 

11 the Defense Logistics Agency will be unable to meet 

12 the deadline for an objective as specified in sub13 section (a), the chief management officer may adjust 

14 the deadline for meeting such objective. 

15 (2) REPORT.—Not later than 30 days after ad16 justing the deadline for an objective pursuant to 

17 paragraph (1), the chief management officer con18 cerned shall submit to the congressional defense 

19 committees a report setting forth— 

20 (A) a statement of the reasons why the 

21 Department of Defense, the military depart22 ment, or the Defense Logistics Agency, as ap23 plicable, will be unable to meet the deadline for 

24 such objective; 
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1 (B) a proposed completion date for the 

2 achievement of compliance with such objective; 

3 and 

4 (C) a description of the actions that have 

5 been taken and are planned to be taken by the 

6 Department of Defense, the military depart7 ment, or the Defense Logistics Agency, as ap8 plicable, to meet such objective. 

9 (3) APPROPRIATE CHIEF MANAGEMENT OFFI10 CER.—For the purposes of this subsection, the ap11 propriate chief management officer is as follows: 

12 (A) For the objective in subsection (a)(1), 

13 the Chief Management Officer of the Army. 

14 (B) For the objective in subsection (a)(2), 

15 the Chief Management Officer of the Navy. 

16 (C) For the objective in subsection (a)(3), 

17 the Chief Management Officer of the Air Force. 

18 (D) For the objective in subsection (a)(4), 

19 the Deputy Chief Management Officer of the 

20 Department of Defense. 

21 (E) For the objective in subsection (a)(5), 

22 the Chief Management Officer of the Depart23 ment of Defense. 

24 (c) FINANCIAL IMPROVEMENT AUDIT READINESS

25 PLAN.— 
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1 (1) IN GENERAL.—The Chief Management Offi2 cer of the Department of Defense shall, in consulta3 tion with the Under Secretary of Defense (Comp4 troller), develop and maintain a plan to be known as 

5 the ‘‘Financial Improvement and Audit Readiness 

6 Plan’’. 

7 (2) ELEMENTS.—The plan required by para8 graph (1) shall— 

9 (A) describe specific actions to be taken 

10 to— 

11 (i) correct financial management defi12 ciencies that impair the ability of the De13 partment of Defense to prepare timely, re14 liable, and complete financial management 

15 information; and 

16 (ii) meet the objectives specified in 

17 subsection (a); and 

18 (B) systematically tie the actions described 

19 under subparagraph (A) to process and control 

20 improvements and business systems moderniza21 tion efforts described in the business enterprise 

22 architecture and transition plan required by 

23 section 2222 of title 10, United States Code. 

24 (d) SEMI-ANNUAL REPORTS ON FINANCIAL IM25 PROVEMENT AND AUDIT READINESS PLAN.— 
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1 (1) IN GENERAL.—Not later than May 15 and 

2 November 15 each year, the Under Secretary of De3 fense (Comptroller) shall submit to the congressional 

4 defense committees a report on the status of the im5 plementation by the Department of Defense of the 

6 Financial Improvement and Audit Readiness Plan 

7 required by subsection (c). 

8 (2) ELEMENTS.—Each report under paragraph 

9 (1) shall include, at a minimum— 

10 (A) an overview of the steps the Depart11 ment has taken or plans to take to meet the ob12 jectives specified in subsection (a), including 

13 any interim objectives established by the De14 partment for that purpose; and 

15 (B) a description of any impediments iden16 tified in the efforts of the Department to meet 

17 such objectives, and of the actions the Depart18 ment has taken or plans to take to address 

19 such impediments. 

20 (3) ADDITIONAL ISSUES TO BE ADDRESSED IN

21 FIRST REPORT.—The first report submitted under 

22 paragraph (1) after the date of the enactment of 

23 this Act shall address, in addition to the elements 

24 required by paragraph (2), the actions taken or to 

25 be taken by the Department as follows: 
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1 (A) To develop standardized guidance for 

2 financial improvement plans by components of 

3 the Department. 

4 (B) To establish a baseline of financial 

5 management capabilities and weaknesses at the 

6 component level of the Department. 

7 (C) To provide results-oriented metrics for 

8 measuring and reporting quantifiable results to9 ward addressing financial management defi10 ciencies. 

11 (D) To define the oversight roles of the 

12 Chief Management Officer of the Department 

13 of Defense, the chief management officers of 

14 the military departments, and other appropriate 

15 elements of the Department to ensure that the 

16 requirements of the Financial Improvement and 

17 Audit Readiness Plan are carried out. 

18 (E) To assign accountability for carrying 

19 out specific elements of the Financial Improve20 ment and Audit Readiness Plan to appropriate 

21 officials and organizations at the component 

22 level of the Department. 

23 (F) To develop mechanisms to track budg24 ets and expenditures for the implementation of 
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1 the requirements of the Financial Improvement 

2 and Audit Readiness Plan. 

3 (e) RELATIONSHIP TO EXISTING LAW.—The require4 ments of this section shall be implemented in a manner 

5 that is consistent with the requirements of section 1008 

6 of the National Defense Authorization Act for Fiscal Year 

7 2002 (Public Law 107–107; 115 Stat. 1204; 10 U.S.C. 

8 2222 note). 

9 Subtitle B—Naval Vessels and 

10 Shipyards 

11 SEC. 1011. TEMPORARY REDUCTION IN MINIMUM NUMBER 

12 OF AIRCRAFT CARRIERS IN ACTIVE SERVICE. 

13 Notwithstanding section 5062(b) of title 10, United 

14 States Code, during the period beginning on the date of 

15 the decommissioning of the U.S.S. Enterprise (CVN 65) 

16 and ending on the date of the commissioning into active 

17 service of the U.S.S. Gerald R. Ford (CVN 78), the num18 ber of operational aircraft carriers in the naval combat 

19 forces of the Navy may be 10. 

20 SEC. 1012. REPEAL OF POLICY RELATING TO THE MAJOR 

21 COMBATANT VESSELS OF THE STRIKE 

22 FORCES OF THE UNITED STATES NAVY. 

23 Section 1012 of the National Defense Authorization 

24 Act for Fiscal Year 2008 (Public Law 110–181; 122 Stat. 

25 303) is repealed. 
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1 SEC. 1013. SENSE OF SENATE ON THE MAINTENANCE OF A 

2 313-SHIP NAVY. 

3 (a) FINDINGS.—The Senate makes the following 

4 findings: 

5 (1) The Department of the Navy has a stated 

6 requirement for a 313-ship fleet. 

7 (2) The Navy can better meet this require8 ment— 

9 (A) by procuring sufficient numbers of new 

10 ships; and 

11 (B) by ensuring the sound material condi12 tion of existing ships that will enable the Navy 

13 to utilize them for their full planned service 

14 lives. 

15 (3) When procuring new classes of ships, the 

16 Navy must exercise greater caution than it has ex17 hibited to date in proceeding from one stage of the 

18 acquisition cycle to the next before a ship program 

19 has achieved a level of maturity that significantly 

20 lowers the risk of cost growth and schedule slippage. 

21 (4) In retaining existing assets, the Navy can 

22 do a much better job of achieving the full planned 

23 service lives of ships and extending the service lives 

24 of certain ships so as to keep their unique capabili25 ties in the fleet while the Navy takes the time nec-
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1 essary to develop and field next-generation capabili2 ties under a low risk program. 

3 (5) The Navy can undertake certain develop4 ment approaches that can help the Navy control the 

5 total costs of ownership of a ship or class of ships, 

6 including emphasizing common hull designs, open 

7 architecture combat systems, and other common 

8 ship systems in order to achieve efficiency in acquir9 ing and supporting various classes of ships. 

10 (6) The Navy needs to continue its efforts to11 ward achieving an open architecture for existing 

12 combat systems, as this will have great benefit in re13 ducing the costs and risks of fielding new classes of 

14 ships, and will yield recurring savings from reducing 

15 the costs of buying later ships in a program and re16 ducing life cycle support costs for ships and classes 

17 of ships. 

18 (7) The Navy can also undertake other meas19 ures to acquire new ships and maintain the current 

20 fleet with greater efficiency, including— 

21 (A) greater use of fixed-price contracts; 

22 (B) maximizing competition (or the option 

23 of competition) throughout the life cycle of its 

24 ships; 
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1 (C) entering into multiyear contracts when 

2 warranted; and 

3 (D) employing an incremental approach to 

4 developing new technologies. 

5 (b) SENSE OF SENATE.—It is the sense of the Senate 

6 that— 

7 (1) the Navy should meet its requirement for a 

8 313-ship fleet; 

9 (2) the Navy should take greater care to 

10 achieve the full planned service life of existing ships 

11 and reduce the incidence of early ship decommis12 sioning; 

13 (3) the Navy should exercise greater restraint 

14 on the acquisition process for ships in order to 

15 achieve on-time, on-cost shipbuilding programs; and 

16 (4) Congress should support the Navy when it 

17 is acting responsibly to undertake measures that can 

18 help the Navy achieve the requirement for a 313- 

19 ship fleet and maintain a fleet that is adequate to 

20 meet the national security needs of the United 

21 States. 

22 SEC. 1014. DESIGNATION OF U.S.S. CONSTITUTION AS 

23 AMERICA’S SHIP OF STATE. 

24 (a) FINDINGS.—Congress makes the following find25 ings: 
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1 (1) The 3rd Congress authorized, in the Act en2 titled ‘‘An Act to Provide a Naval Armament’’, ap3 proved on March 27, 1794 (1 Stat. 350, Chap. XII), 

4 the construction of six frigates as the first ships to 

5 be built for the United States Navy. 

6 (2) One of the six frigates was built in Boston 

7 between 1794 and 1797, and is the only one of the 

8 original six ships to survive. 

9 (3) President George Washington named this 

10 frigate ‘‘Constitution’’ to represent the Nation’s 

11 founding document. 

12 (4) President Thomas Jefferson, asserting the 

13 right of the United States to trade on the high seas, 

14 dispatched the frigate Constitution in 1803 as the 

15 flagship of the Mediterranean Squadron to end the 

16 depredations of the Barbary States against United 

17 States ships and shipping, which led to a treaty 

18 being signed with the Bashaw of Tripoli in the Cap19 tain’s cabin aboard the frigate Constitution on June 

20 4, 1805. 

21 (5) The frigate Constitution, with her defeat of 

22 HMS Guerriere, secured the first major victory by 

23 the young United States Navy against the Royal 

24 Navy during the War of 1812, gaining in the proc-
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1 ess the nickname ‘‘Old Ironsides’’, which she has 

2 proudly carried since. 

3 (6) Congress awarded gold medals to four of 

4 the ship’s commanding officers (Preble, Hull, Stew5 art, and Bainbridge), a record unmatched by any 

6 other United States Navy vessel. 

7 (7) The frigate Constitution emerged from the 

8 War of 1812 undefeated, having secured victories 

9 over three additional ships of the Royal Navy. 

10 (8) As early as May 1815, the frigate Constitu11 tion had already been adopted as a symbol of the 

12 young Republic, as attested by the [Washington] 

13 National Intelligencer which proclaimed, ‘‘Let us 

14 keep ‘Old Ironsides’ at home. She has, literally be15 come the Nation’s Ship . . . and should thus be pre16 served . . . in honorable pomp, as a glorious Monu17 ment of her own, and our other Naval Victories.’’. 

18 (9) Rumors in 1830 that ‘‘Old Ironsides,’’ an 

19 aging frigate, was about to be scrapped resulted in 

20 a public uproar demanding that the ship be restored 

21 and preserved, spurred by Oliver Wendell Holmes’ 

22 immortal poem ‘‘Old Ironsides’’. 

23 (10) ‘‘Old Ironsides’’ circumnavigated the world 

24 between 1844 and 1846, showing the American flag 

25 as she searched for future coaling stations that 
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1 would eventually fuel the steam-powered navy of the 

2 United States. 

3 (11) The first Pope to set foot on United States 

4 sovereign territory was Pius IX onboard the frigate 

5 Constitution in 1849. 

6 (12) ‘‘Old Ironsides’’ helped evacuate the 

7 United States Naval Academy from Annapolis, 

8 Maryland, to Newport, Rhode Island, in 1860 to 

9 prevent this esteemed ship from falling into Confed10 erate hands. 

11 (13) Congressman John F. ‘‘Honey Fitz’’ Fitz12 gerald introduced legislation in 1896 to return ‘‘Old 

13 Ironsides’’ from the Portsmouth (New Hampshire) 

14 Naval Shipyard, where she was moored pier side and 

15 largely forgotten, to Boston for her 100th birthday. 

16 (14) Thousands of school children contributed 

17 pennies between 1925 an 1927 to help fund a much 

18 needed restoration for ‘‘Old Ironsides’’. 

19 (15) Between 1931 and 1934, more than 

20 4,500,000 Americans gained inspiration, at the 

21 depth of the Great Depression, by going aboard 

22 ‘‘Old Ironsides’’ as she was towed to 76 ports on the 

23 Atlantic, Gulf, and Pacific coasts. 

24 (16) The 83rd Congress enacted the Act of 

25 July 23, 1954 (68 Stat. 527, chapter 565), which 
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1 directed the Secretary of the Navy to transfer to the 

2 States and appropriate commissions four other his3 toric ships then on the Navy inventory, and to repair 

4 and equip U.S.S. Constitution, as much as prac5 ticable, to her original condition, but not for active 

6 service. 

7 (17) Queen Elizabeth II paid a formal visit to 

8 U.S.S. Constitution in 1976, at the start of her 

9 state visit marking the Bicentennial of the United 

10 States. 

11 (18) The U.S.S. Constitution, in celebration of 

12 her bicentennial, returned to sea under sail on July 

13 21, 1997 for the first time since 1881, proudly set14 ting sails purchased by the contributions of thou15 sands of pennies given by school children across the 

16 United States. 

17 (19) The U.S.S. Constitution is the oldest com18 missioned warship afloat in the world. 

19 (20) The U.S.S. Constitution is a National His20 toric Landmark. 

21 (21) The U.S.S. Constitution continues to per22 form official, ceremonial duties, including in recent 

23 years hosting a congressional dinner honoring the 

24 late Senator John Chafee of Rhode Island, a special 

25 salute for the dedication of the John Moakley Fed-
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1 eral Courthouse, a luncheon honoring British Am2 bassador Sir David Manning, and a special under3 way demonstration during which 60 Medal of Honor 

4 recipients each received a personal Medal of Honor 

5 flag. 

6 (22) The U.S.S. Constitution celebrated on Oc7 tober 21, 2007, the 210th anniversary of her launch8 ing. 

9 (23) The U.S.S. Constitution will remain a 

10 commissioned ship in the United States Navy, with 

11 the Navy retaining control of the ship, its material 

12 condition, and its employment. 

13 (24) The U.S.S. Constitution’s primary mission 

14 will remain education and public outreach, and any 

15 Ship of State functions will be an adjunct to the 

16 ship’s primary mission. 

17 (b) DESIGNATION AS AMERICA’S SHIP OF STATE.— 

18 (1) IN GENERAL.—The U.S.S. Constitution is 

19 hereby designated as ‘‘America’s Ship of State’’. 

20 (2) REFERENCES.—The U.S.S. Constitution 

21 may be known or referred to as ‘‘America’s Ship of 

22 State’’. 

23 (3) SENSE OF CONGRESS.—It is the sense of 

24 Congress that the President, Vice President, execu25 tive branch officials, and members of Congress 
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1 should utilize the U.S.S. Constitution for the con2 ducting of pertinent matters of state, such as 

3 hosting visiting heads of state, signing legislation re4 lating to the Armed Forces, and signing maritime 

5 related treaties. 

6 (4) FEE OR REIMBURSEMENT STRUCTURE FOR

7 NON-DEPARTMENT OF THE NAVY USE.—The Sec8 retary of the Navy shall determine an appropriate 

9 fee or reimbursement structure for any non-Depart10 ment of the Navy entities using the U.S.S. Constitu11 tion for Ship of State purposes. 

12 Subtitle C—Counter-Drug 

13 Activities 

14 SEC. 1021. EXTENSION AND MODIFICATION OF AUTHORITY 

15 TO PROVIDE ADDITIONAL SUPPORT FOR 

16 COUNTER-DRUG ACTIVITIES OF CERTAIN 

17 FOREIGN GOVERNMENTS. 

18 (a) EXTENSION OF AUTHORITY.—Subsection (a)(2) 

19 of section 1033 of the National Defense Authorization Act 

20 for Fiscal Year 1998 (Public Law 105–85; 111 Stat. 

21 1881), as amended by section 1021 of the National De22 fense Authorization Act for Fiscal Year 2004 (Public Law 

23 108–136; 117 Stat. 1593), section 1022 of the John War24 ner National Defense Authorization Act for Fiscal Year 

25 2007 (Public Law 109–364; 120 Stat. 2137), section 
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1 1022 of the National Defense Authorization Act for Fiscal 

2 Year 2008 (Public Law 110–181; 122 Stat. 304), and sec3 tion 1024 of the Duncan Hunter National Defense Au4 thorization Act for Fiscal Year 2009 (Public Law 110– 

5 417; 122 Stat. 4587), is further amended by striking 

6 ‘‘2009’’ and inserting ‘‘2010’’. 

7 (b) MAXIMUM ANNUAL AMOUNT OF SUPPORT.—Sub8 section (e)(2) of such section is amended— 

9 (1) by striking ‘‘or’’ before ‘‘$75,000,000’’; and 

10 (2) by striking the period at the end and insert11 ing ‘‘, or $100,000,000 during fiscal year 2010.’’. 

12 (c) CONDITIONS ON PROVISION OF SUPPORT.—Sub13 section (f)(2) of such section is amended in the matter 

14 preceding subparagraph (A) by striking ‘‘for fiscal year 

15 2009 to carry out this section and the first fiscal year in 

16 which the support is to be provided’’ and inserting ‘‘and 

17 available for support’’. 

18 (d) COUNTER-DRUG PLAN.—Subsection (h) of such 

19 section is amended— 

20 (1) in the matter preceding paragraph (1), by 

21 striking ‘‘fiscal year 2009’’ and inserting ‘‘for each 

22 fiscal year’’; and 

23 (2) in paragraph (7), by striking ‘‘fiscal year 

24 2009, and thereafter, for the first fiscal year in 

25 which support is to be provided’’ and inserting ‘‘each 
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1 fiscal year in which support is to be provided a gov2 ernment’’. 

3 SEC. 1022. ONE-YEAR EXTENSION OF AUTHORITY FOR 

4 JOINT TASK FORCES SUPPORT TO LAW EN5 FORCEMENT AGENCIES CONDUCTING 

6 COUNTER-TERRORISM ACTIVITIES. 

7 (a) ONE-YEAR EXTENSION.—Subsection (b) of sec8 tion 1022 of the National Defense Authorization Act for 

9 Fiscal Year 2004 (10 U.S.C. 371 note) is amended by 

10 striking ‘‘2009’’ and inserting ‘‘2010’’. 

11 (b) ANNUAL REPORT.—Subsection (c) of such section 

12 is amended to read as follows: 

13 ‘‘(c) ANNUAL REPORT.—Not later than December 31 

14 of each year after 2008 in which the authority in sub15 section (a) is in effect, the Secretary of Defense shall sub16 mit to the congressional defense committees a report set17 ting forth, for the one-year period ending on the date of 

18 such report, the following: 

19 ‘‘(1) An assessment of the effect on counter20 drug and counter-terrorism activities and objectives 

21 of using counter-drug funds of a joint task force to 

22 provide counterterrorism support authorized by sub23 section (a). 
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1 ‘‘(2) A description of the type of support and 

2 any recipient of support provided under subsection 

3 (a). 

4 ‘‘(3) A list of current joint task forces con5 ducting counter-drug operations.’’. 

6 SEC. 1023. ONE-YEAR EXTENSION OF AUTHORITY TO SUP7 PORT UNIFIED COUNTER-DRUG AND 

8 COUNTERTERRORISM CAMPAIGN IN COLOM9 BIA. 

10 Section 1021 of the Ronald W. Reagan National De11 fense Authorization Act for Fiscal Year 2005 (Public Law 

12 108–375; 118 Stat. 2042), as amended by section 1023 

13 of the John Warner National Defense Authorization Act 

14 for Fiscal Year 2007 (Public Law 109–364; 120 Stat. 

15 2382) and section 1023 of the Duncan Hunter National 

16 Defense Authorization Act for Fiscal Year 2009 (Public 

17 Law 110–417; 122 Stat. 4586), is further amended— 

18 (1) in subsection (a)(1), by striking ‘‘2009’’ and 

19 inserting ‘‘2010’’; and 

20 (2) in subsection (c), by striking ‘‘2009’’ and 

21 inserting ‘‘2010’’. 

22 Subtitle D—Military Commissions 

23 SEC. 1031. MILITARY COMMISSIONS. 

24 (a) IN GENERAL.—Chapter 47A of title 10, United 

25 States Code, is amended to read as follows: 
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1 ‘‘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. 

2 ‘‘SUBCHAPTER I—GENERAL PROVISIONS 

‘‘Sec. 

‘‘948a. Definitions. 

‘‘948b. Military commissions generally. 

‘‘948c. Persons subject to military commissions. 

‘‘948d. Jurisdiction of military commissions. 

3 ‘‘§ 948a. Definitions 

4 ‘‘In this chapter: 

5 ‘‘(1) ALIEN.—The term ‘alien’ means an indi6 vidual who is not a citizen of the United States. 

7 ‘‘(2) CLASSIFIED INFORMATION.—The term 

8 ‘classified information’ means the following: 

9 ‘‘(A) Any information or material that has 

10 been determined by the United States Govern11 ment pursuant to statute, Executive order, or 

12 regulation to require protection against unau13 thorized disclosure for reasons of national secu14 rity. 

15 ‘‘(B) Any restricted data, as that term is 

16 defined in section 11 y. of the Atomic Energy 

17 Act of 1954 (42 U.S.C. 2014(y)). 
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1 ‘‘(3) COALITION PARTNER.—The term ‘coalition 

2 partner’, with respect to hostilities engaged in by the 

3 United States, means any State or armed force di4 rectly engaged along with the United States in such 

5 hostilities or providing direct operational support to 

6 the United States in connection with such hostilities. 

7 ‘‘(4) GENEVA CONVENTION RELATIVE TO THE

8 TREATMENT OF PRISONERS OF WAR.—The term 

9 ‘Geneva Convention Relative to the Treatment of 

10 Prisoners of War’ means the Convention Relative to 

11 the Treatment of Prisoners of War, done at Geneva 

12 August 12, 1949 (6 UST 3316). 

13 ‘‘(5) GENEVA CONVENTIONS.—The term ‘Gene14 va Conventions’ means the international conventions 

15 signed at Geneva on August 12, 1949. 

16 ‘‘(6) PRIVILEGED BELLIGERENT.—The term 

17 ‘privileged belligerent’ means an individual belonging 

18 to one of the eight categories enumerated in Article 

19 4 of the Geneva Convention Relative to the Treat20 ment of Prisoners of War. 

21 ‘‘(7) UNPRIVILEGED ENEMY BELLIGERENT.— 

22 The term ‘unprivileged enemy belligerent’ means an 

23 individual (other than a privileged belligerent) who— 

24 ‘‘(A) has engaged in hostilities against the 

25 United States or its coalition partners; 
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1 ‘‘(B) has purposefully and materially sup2 ported hostilities against the United States or 

3 its coalition partners; or 

4 ‘‘(C) is a member of al Qaeda. 

5 ‘‘(8) NATIONAL SECURITY.—The term ‘national 

6 security’ means the national defense and foreign re7 lations of the United States. 

8 ‘‘§ 948b. Military commissions generally 

9 ‘‘(a) PURPOSE.—This chapter establishes procedures 

10 governing the use of military commissions to try alien 

11 unprivileged enemy belligerents for violations of the law 

12 of war and other offenses triable by military commission. 

13 ‘‘(b) AUTHORITY FOR MILITARY COMMISSIONS

14 UNDER THIS CHAPTER.—The President is authorized to 

15 establish military commissions under this chapter for of16 fenses triable by military commission as provided in this 

17 chapter. 

18 ‘‘(c) CONSTRUCTION OF PROVISIONS.—The proce19 dures for military commissions set forth in this chapter 

20 are based upon the procedures for trial by general courts21 martial under chapter 47 of this title (the Uniform Code 

22 of Military Justice). Chapter 47 of this title does not, by 

23 its terms, apply to trial by military commission except as 

24 specifically provided therein or in this chapter, and many 

25 of the provisions of chapter 47 of this title are by their 
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1 terms inapplicable to military commissions. The judicial 

2 construction and application of chapter 47 of this title, 

3 while instructive, is therefore not of its own force binding 

4 on military commissions established under this chapter. 

5 ‘‘(d) INAPPLICABILITY OF CERTAIN PROVISIONS.— 

6 (1) The following provisions of this title shall not apply 

7 to trial by military commission under this chapter: 

8 ‘‘(A) Section 810 (article 10 of the Uniform 

9 Code of Military Justice), relating to speedy trial, 

10 including any rule of courts-martial relating to 

11 speedy trial. 

12 ‘‘(B) Sections 831(a), (b), and (d) (articles 

13 31(a), (b), and (d) of the Uniform Code of Military 

14 Justice), relating to compulsory self-incrimination. 

15 ‘‘(C) Section 832 (article 32 of the Uniform 

16 Code of Military Justice), relating to pretrial inves17 tigation. 

18 ‘‘(2) Other provisions of chapter 47 of this title shall 

19 apply to trial by military commission under this chapter 

20 only to the extent provided by the terms of such provisions 

21 or by this chapter. 

22 ‘‘(e) TREATMENT OF RULINGS AND PRECEDENTS.— 

23 The findings, holdings, interpretations, and other prece24 dents of military commissions under this chapter may not 

25 be introduced or considered in any hearing, trial, or other 
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1 proceeding of a court-martial convened under chapter 47 

2 of this title. The findings, holdings, interpretations, and 

3 other precedents of military commissions under this chap4 ter may not form the basis of any holding, decision, or 

5 other determination of a court-martial convened under 

6 that chapter. 

7 ‘‘(f) GENEVA CONVENTIONS NOT ESTABLISHING

8 PRIVATE RIGHT OF ACTION.—No alien unprivileged 

9 enemy belligerent subject to trial by military commission 

10 under this chapter may invoke the Geneva Conventions as 

11 a basis for a private right of action. 

12 ‘‘§ 948c. Persons subject to military commissions 

13 ‘‘Any alien unprivileged enemy belligerent having en14 gaged in hostilities or having supported hostilities against 

15 the United States is subject to trial by military commis16 sion as set forth in this chapter. 

17 ‘‘§ 948d. Jurisdiction of military commissions 

18 ‘‘A military commission under this chapter shall have 

19 jurisdiction to try persons subject to this chapter for any 

20 offense made punishable by this chapter, sections 904 and 

21 906 of this title (articles 104 and 106 of the Uniform Code 

22 of Military Justice), or the law of war, and may, under 

23 such limitations as the President may prescribe, adjudge 

24 any punishment not forbidden by this chapter, including 

25 the penalty of death when specifically authorized under 
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1 this chapter. A military commission is a competent tri2 bunal to make a finding sufficient for jurisdiction. 

3 ‘‘SUBCHAPTER II—COMPOSITION OF MILITARY 

4 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. 

5 ‘‘§ 948h. Who may convene military commissions 

6 ‘‘Military commissions under this chapter may be 

7 convened by the Secretary of Defense or by any officer 

8 or official of the United States designated by the Secretary 

9 for that purpose. 

10 ‘‘§ 948i. Who may serve on military commissions 

11 ‘‘(a) IN GENERAL.—Any commissioned officer of the 

12 armed forces on active duty is eligible to serve on a mili13 tary commission under this chapter, including commis14 sioned officers of the reserve components of the armed 

15 forces on active duty, commissioned officers of the Na16 tional Guard on active duty in Federal service, or retired 

17 commissioned officers recalled to active duty. 

18 ‘‘(b) DETAIL OF MEMBERS.—When convening a mili19 tary commission under this chapter, the convening author20 ity shall detail as members thereof such members of the 

21 armed forces eligible under subsection (a) who, as in the 
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1 opinion of the convening authority, are best qualified for 

2 the duty by reason of age, education, training, experience, 

3 length of service, and judicial temperament. No member 

4 of an armed force is eligible to serve as a member of a 

5 military commission when such member is the accuser or 

6 a witness for the prosecution or has acted as an investi7 gator or counsel in the same case. 

8 ‘‘(c) EXCUSE OF MEMBERS.—Before a military com9 mission under this chapter is assembled for the trial of 

10 a case, the convening authority may excuse a member 

11 from participating in the case. 

12 ‘‘§ 948j. Military judge of a military commission 

13 ‘‘(a) DETAIL OF MILITARY JUDGE.—A military judge 

14 shall be detailed to each military commission under this 

15 chapter. The Secretary of Defense shall prescribe regula16 tions providing for the manner in which military judges 

17 are so detailed to military commissions. The military judge 

18 shall preside over each military commission to which he 

19 has been detailed. 

20 ‘‘(b) ELIGIBILITY.—A military judge shall be a com21 missioned officer of the armed forces who is a member 

22 of the bar of a Federal court, or a member of the bar 

23 of the highest court of a State, and who is certified to 

24 be qualified for duty under section 826 of this title (article 

25 26 of the Uniform Code of Military Justice) as a military 
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1 judge in general courts-martial by the Judge Advocate 

2 General of the armed force of which such military judge 

3 is a member. 

4 ‘‘(c) INELIGIBILITY OF CERTAIN INDIVIDUALS.—No 

5 person is eligible to act as military judge in a case of a 

6 military commission under this chapter if he is the accuser 

7 or a witness or has acted as investigator or a counsel in 

8 the same case. 

9 ‘‘(d) CONSULTATION WITH MEMBERS; INELIGI10 BILITY TO VOTE.—A military judge detailed to a military 

11 commission under this chapter may not consult with the 

12 members except in the presence of the accused (except as 

13 otherwise provided in section 949d of this title), trial coun14 sel, and defense counsel, nor may he vote with the mem15 bers. 

16 ‘‘(e) OTHER DUTIES.—A commissioned officer who 

17 is certified to be qualified for duty as a military judge of 

18 a military commission under this chapter may perform 

19 such other duties as are assigned to him by or with the 

20 approval of the Judge Advocate General of the armed 

21 force of which such officer is a member or the designee 

22 of such Judge Advocate General. 

23 ‘‘(f) PROHIBITION ON EVALUATION OF FITNESS BY

24 CONVENING AUTHORITY.—The convening authority of a 

25 military commission under this chapter shall not prepare 
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1 or review any report concerning the effectiveness, fitness, 

2 or efficiency of a military judge detailed to the military 

3 commission which relates to his performance of duty as 

4 a military judge on the military commission. 

5 ‘‘§ 948k. Detail of trial counsel and defense counsel 

6 ‘‘(a) DETAIL OF COUNSEL GENERALLY.—(1) Trial 

7 counsel and military defense counsel shall be detailed for 

8 each military commission under this chapter. 

9 ‘‘(2) Assistant trial counsel and assistant and asso10 ciate defense counsel may be detailed for a military com11 mission under this chapter. 

12 ‘‘(3) Military defense counsel for a military commis13 sion under this chapter shall be detailed as soon as prac14 ticable. 

15 ‘‘(4) The Secretary of Defense shall prescribe regula16 tions providing for the manner in which trial counsel and 

17 military defense counsel are detailed for military commis18 sions under this chapter and for the persons who are au19 thorized to detail such counsel for such military commis20 sions. 

21 ‘‘(b) TRIAL COUNSEL.—Subject to subsection (e), 

22 trial counsel detailed for a military commission under this 

23 chapter must be— 
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1 ‘‘(1) a judge advocate (as that term is defined 

2 in section 801 of this title (article 1 of the Uniform 

3 Code of Military Justice)) who is— 

4 ‘‘(A) a graduate of an accredited law 

5 school or is a member of the bar of a Federal 

6 court or of the highest court of a State; and 

7 ‘‘(B) certified as competent to perform du8 ties as trial counsel before general courts-mar9 tial by the Judge Advocate General of the 

10 armed force of which he is a member; or 

11 ‘‘(2) a civilian who is— 

12 ‘‘(A) a member of the bar of a Federal 

13 court or of the highest court of a State; and 

14 ‘‘(B) otherwise qualified to practice before 

15 the military commission pursuant to regulations 

16 prescribed by the Secretary of Defense. 

17 ‘‘(c) MILITARY DEFENSE COUNSEL.—Subject to sub18 section (e), military defense counsel detailed for a military 

19 commission under this chapter must be a judge advocate 

20 (as so defined) who is— 

21 ‘‘(1) a graduate of an accredited law school or 

22 is a member of the bar of a Federal court or of the 

23 highest court of a State; and 

24 ‘‘(2) certified as competent to perform duties as 

25 defense counsel before general courts-martial by the 
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1 Judge Advocate General of the armed force of which 

2 he is a member. 

3 ‘‘(d) CHIEF PROSECUTOR; CHIEF DEFENSE COUN4 SEL.—(1) The Chief Prosecutor in a military commission 

5 under this chapter shall meet the requirements set forth 

6 in subsection (b)(1). 

7 ‘‘(2) The Chief Defense Counsel in a military com8 mission under this chapter shall meet the requirements set 

9 forth in subsection (c)(1). 

10 ‘‘(e) INELIGIBILITY OF CERTAIN INDIVIDUALS.—No 

11 person who has acted as an investigator, military judge, 

12 or member of a military commission under this chapter 

13 in any case may act later as trial counsel or military de14 fense counsel in the same case. No person who has acted 

15 for the prosecution before a military commission under 

16 this chapter may act later in the same case for the de17 fense, nor may any person who has acted for the defense 

18 before a military commission under this chapter act later 

19 in the same case for the prosecution. 

20 ‘‘§ 948l. Detail or employment of reporters and inter21 preters 

22 ‘‘(a) COURT REPORTERS.—Under such regulations 

23 as the Secretary of Defense may prescribe, the convening 

24 authority of a military commission under this chapter 

25 shall detail to or employ for the military commission quali-
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1 fied court reporters, who shall prepare a verbatim record 

2 of the proceedings of and testimony taken before the mili3 tary commission. 

4 ‘‘(b) INTERPRETERS.—Under such regulations as the 

5 Secretary of Defense may prescribe, the convening author6 ity of a military commission under this chapter may detail 

7 to or employ for the military commission interpreters who 

8 shall interpret for the military commission, and, as nec9 essary, for trial counsel and defense counsel for the mili10 tary commission, and for the accused. 

11 ‘‘(c) TRANSCRIPT; RECORD.—The transcript of a 

12 military commission under this chapter shall be under the 

13 control of the convening authority of the military commis14 sion, who shall also be responsible for preparing the record 

15 of the proceedings of the military commission. 

16 ‘‘§ 948m. Number of members; excuse of members; ab17 sent and additional members 

18 ‘‘(a) NUMBER OF MEMBERS.—(1) A military com19 mission under this chapter shall, except as provided in 

20 paragraph (2), have at least five members. 

21 ‘‘(2) In a case in which the accused before a military 

22 commission under this chapter may be sentenced to a pen23 alty of death, the military commission shall have the num24 ber of members prescribed by section 949m(c) of this title. 
471 

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1 ‘‘(b) EXCUSE OF MEMBERS.—No member of a mili2 tary commission under this chapter may be absent or ex3 cused after the military commission has been assembled 

4 for the trial of a case unless excused— 

5 ‘‘(1) as a result of challenge; 

6 ‘‘(2) by the military judge for physical disability 

7 or other good cause; or 

8 ‘‘(3) by order of the convening authority for 

9 good cause. 

10 ‘‘(c) ABSENT AND ADDITIONAL MEMBERS.—When11 ever a military commission under this chapter is reduced 

12 below the number of members required by subsection (a), 

13 the trial may not proceed unless the convening authority 

14 details new members sufficient to provide not less than 

15 such number. The trial may proceed with the new mem16 bers present after the recorded evidence previously intro17 duced before the members has been read to the military 

18 commission in the presence of the military judge, the ac19 cused (except as provided in section 949d of this title), 

20 and counsel for both sides. 

21 ‘‘SUBCHAPTER III—PRE-TRIAL PROCEDURE 

‘‘Sec. 

‘‘948q. Charges and specifications. 

‘‘948r. Compulsory self-incrimination prohibited; statements obtained by torture 

or cruel, inhuman, or degrading treatment. 

‘‘948s. Service of charges. 
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1 ‘‘§ 948q. Charges and specifications 

2 ‘‘(a) CHARGES AND SPECIFICATIONS.—Charges and 

3 specifications against an accused in a military commission 

4 under this chapter shall be signed by a person subject to 

5 chapter 47 of this title under oath before a commissioned 

6 officer of the armed forces authorized to administer oaths 

7 and shall state— 

8 ‘‘(1) that the signer has personal knowledge of, 

9 or reason to believe, the matters set forth therein; 

10 and 

11 ‘‘(2) that they are true in fact to the best of his 

12 knowledge and belief. 

13 ‘‘(b) NOTICE TO ACCUSED.—Upon the swearing of 

14 the charges and specifications in accordance with sub15 section (a), the accused shall be informed of the charges 

16 and specifications against him as soon as practicable. 

17 ‘‘§ 948r. Compulsory self-incrimination prohibited; 

18 statements obtained by torture or cruel, 

19 inhuman, or degrading treatment 

20 ‘‘(a) IN GENERAL.—No person shall be required to 

21 testify against himself at a proceeding of a military com22 mission under this chapter. 

23 ‘‘(b) STATEMENTS OBTAINED BY TORTURE.—A 

24 statement obtained by use of torture, whether or not under 

25 color of law, shall not be admissible in a trial by military 
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1 commission under this chapter, except against a person 

2 accused of torture as evidence the statement was made. 

3 ‘‘(c) STATEMENTS OBTAINED THROUGH CRUEL, IN4 HUMAN, OR DEGRADING TREATMENT.—A statement in 

5 which the degree of coercion is disputed may be admissible 

6 in a trial by military commission under this chapter only 

7 if the military judge finds that— 

8 ‘‘(1) the totality of the circumstances renders 

9 the statement reliable and possessing sufficient pro10 bative value; 

11 ‘‘(2) the interests of justice would best be 

12 served by admission of the statement into evidence; 

13 and 

14 ‘‘(3) the interrogation methods used to obtain 

15 the statement do not amount to cruel, inhuman, or 

16 degrading treatment prohibited by section 1003 of 

17 the Detainee Treatment Act of 2005 (42 U.S.C. 

18 2000dd). 

19 ‘‘§ 948s. Service of charges 

20 ‘‘The trial counsel assigned to a case before a military 

21 commission under this chapter shall cause to be served 

22 upon the accused and military defense counsel a copy of 

23 the charges upon which trial is to be had in English and, 

24 if appropriate, in another language that the accused un-
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1 derstands, sufficiently in advance of trial to prepare a de2 fense. 

3 ‘‘SUBCHAPTER IV—TRIAL PROCEDURE 

‘‘Sec. 

‘‘949a. Rules. 

‘‘949b. Unlawfully influencing action of military commission. 

‘‘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. 

4 ‘‘§ 949a. Rules 

5 ‘‘(a) PROCEDURES AND RULES OF EVIDENCE.—Pre6 trial, trial, and post-trial procedures, including elements 

7 and modes of proof, for cases triable by military commis8 sion under this chapter may be prescribed by the Secretary 

9 of Defense. Such procedures may not be contrary to or 

10 inconsistent with this chapter. Except as otherwise pro11 vided in this chapter or chapter 47 of this title, the proce12 dures and rules of evidence applicable in trials by general 

13 courts-martial of the United States shall apply in trials 

14 by military commission under this chapter. 

15 ‘‘(b) EXCEPTIONS.—(1) The Secretary of Defense, in 

16 consultation with the Attorney General, may make such 

17 exceptions in the applicability in trials by military commis18 sion under this chapter from the procedures and rules of 
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1 evidence otherwise applicable in general courts-martial as 

2 may be required by the unique circumstances of the con3 duct of military and intelligence operations during hos4 tilities or by other practical need. 

5 ‘‘(2) Notwithstanding any exceptions authorized by 

6 paragraph (1), the procedures and rules of evidence in 

7 trials by military commission under this chapter shall in8 clude, at a minimum, the following rights: 

9 ‘‘(A) To present evidence in his defense, to 

10 cross-examine the witnesses who testify against him, 

11 and to examine and respond to all evidence admitted 

12 against him on the issue of guilt or innocence and 

13 for sentencing, as provided for by this chapter. 

14 ‘‘(B) To be present at all sessions of the mili15 tary commission (other than those for deliberations 

16 or voting), except when excluded under section 949d 

17 of this title. 

18 ‘‘(C) To be represented before a military com19 mission by civilian counsel if provided at no expense 

20 to the Government, and by either the defense coun21 sel detailed or by military counsel of the accused’s 

22 own selection, if reasonably available. 

23 ‘‘(D) To self-representation, if the accused 

24 knowingly and competently waives the assistance of 

25 counsel, subject to the provisions of paragraph (4). 
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1 ‘‘(E) To the suppression of evidence that is not 

2 reliable or probative. 

3 ‘‘(F) To the suppression of evidence the pro4 bative value of which is substantially outweighed 

5 by— 

6 ‘‘(i) the danger of unfair prejudice, confu7 sion of the issues, or misleading the members; 

8 or 

9 ‘‘(ii) considerations of undue delay, waste 

10 of time, or needless presentation of cumulative 

11 evidence. 

12 ‘‘(3) In making exceptions in the applicability in 

13 trials by military commission under this chapter from the 

14 procedures and rules otherwise applicable in general 

15 courts-martial, the Secretary of Defense may provide the 

16 following: 

17 ‘‘(A) Evidence seized outside the United States 

18 shall not be excluded from trial by military commis19 sion on the grounds that the evidence was not seized 

20 pursuant to a search warrant or authorization. 

21 ‘‘(B) A statement of the accused that is other22 wise admissible shall not be excluded from trial by 

23 military commission on grounds of alleged coercion 

24 or compulsory self-incrimination so long as the evi-
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1 dence complies with the provisions of section 948r of 

2 this title. 

3 ‘‘(C) Evidence shall be admitted as authentic so 

4 long as— 

5 ‘‘(i) the military judge of the military com6 mission determines that there is sufficient evi7 dence that the evidence is what it is claimed to 

8 be; and 

9 ‘‘(ii) the military judge instructs the mem10 bers that they may consider any issue as to au11 thentication or identification of evidence in de12 termining the weight, if any, to be given to the 

13 evidence. 

14 ‘‘(D) Hearsay evidence not otherwise admissible 

15 under the rules of evidence applicable in trial by 

16 general courts-martial may be admitted in a trial by 

17 military commission only if— 

18 ‘‘(i) the proponent of the evidence makes 

19 known to the adverse party, sufficiently in ad20 vance to provide the adverse party with a fair 

21 opportunity to meet the evidence, the pro22 ponent’s intention to offer the evidence, and the 

23 particulars of the evidence (including informa24 tion on the circumstances under which the evi25 dence was obtained); and 
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1 ‘‘(ii) the military judge, after taking into 

2 account all of the circumstances surrounding 

3 the taking of the statement, the degree to which 

4 the statement is corroborated, and the indicia 

5 of reliability within the statement itself, deter6 mines that— 

7 ‘‘(I) the statement is offered as evi8 dence of a material fact; 

9 ‘‘(II) either— 

10 ‘‘(aa) direct testimony from the 

11 witness is not available as a practical 

12 matter, taking into consideration the 

13 physical location of the witness and 

14 the unique circumstances of the con15 duct of military and intelligence oper16 ations during hostilities; or 

17 ‘‘(bb) the production of the wit18 ness would have an adverse impact on 

19 military or intelligence operations; and 

20 ‘‘(III) the general purposes of the 

21 rules of evidence and the interests of jus22 tice will best be served by admission of the 

23 statement into evidence. 

24 ‘‘(4)(A) The accused in a military commission under 

25 this chapter who exercises the right to self-representation 
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1 under paragraph (2)(D) shall conform his deportment and 

2 the conduct of the defense to the rules of evidence, proce3 dure, and decorum applicable to trials by military commis4 sion. 

5 ‘‘(B) Failure of the accused to conform to the rules 

6 described in subparagraph (A) may result in a partial or 

7 total revocation by the military judge of the right of self8 representation under paragraph (2)(D). In such case, the 

9 military counsel of the accused or an appropriately author10 ized civilian counsel shall perform the functions necessary 

11 for the defense. 

12 ‘‘(c) DELEGATION OF AUTHORITY TO PRESCRIBE

13 REGULATIONS.—The Secretary of Defense may delegate 

14 the authority of the Secretary to prescribe regulations 

15 under this chapter. 

16 ‘‘§ 949b. Unlawfully influencing action of military 

17 commission 

18 ‘‘(a) IN GENERAL.—(1) No authority convening a 

19 military commission under this chapter may censure, rep20 rimand, or admonish the military commission, or any 

21 member, military judge, or counsel thereof, with respect 

22 to the findings or sentence adjudged by the military com23 mission, or with respect to any other exercises of its or 

24 their functions in the conduct of the proceedings. 
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1 ‘‘(2) No person may attempt to coerce or, by any un2 authorized means, influence— 

3 ‘‘(A) the action of a military commission under 

4 this chapter, or any member thereof, in reaching the 

5 findings or sentence in any case; 

6 ‘‘(B) the action of any convening, approving, or 

7 reviewing authority with respect to their judicial 

8 acts; or 

9 ‘‘(C) the exercise of professional judgment by 

10 trial counsel or defense counsel. 

11 ‘‘(3) The provisions of this subsection shall not apply 

12 with respect to— 

13 ‘‘(A) general instructional or informational 

14 courses in military justice if such courses are de15 signed solely for the purpose of instructing members 

16 of a command in the substantive and procedural as17 pects of military commissions; or 

18 ‘‘(B) statements and instructions given in open 

19 proceedings by a military judge or counsel. 

20 ‘‘(b) PROHIBITION ON CONSIDERATION OF ACTIONS

21 ON COMMISSION IN EVALUATION OF FITNESS.—In the 

22 preparation of an effectiveness, fitness, or efficiency report 

23 or any other report or document used in whole or in part 

24 for the purpose of determining whether a commissioned 

25 officer of the armed forces is qualified to be advanced in 
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1 grade, or in determining the assignment or transfer of any 

2 such officer or whether any such officer should be retained 

3 on active duty, no person may— 

4 ‘‘(1) consider or evaluate the performance of 

5 duty of any member of a military commission under 

6 this chapter; or 

7 ‘‘(2) give a less favorable rating or evaluation 

8 to any commissioned officer because of the zeal with 

9 which such officer, in acting as counsel, represented 

10 any accused before a military commission under this 

11 chapter. 

12 ‘‘§ 949c. Duties of trial counsel and defense counsel 

13 ‘‘(a) TRIAL COUNSEL.—The trial counsel of a mili14 tary commission under this chapter shall prosecute in the 

15 name of the United States. 

16 ‘‘(b) DEFENSE COUNSEL.—(1) The accused shall be 

17 represented in his defense before a military commission 

18 under this chapter as provided in this subsection. 

19 ‘‘(2) The accused may be represented by military 

20 counsel detailed under section 948k of this title or by mili21 tary counsel of the accused’s own selection, if reasonably 

22 available. 

23 ‘‘(3) The accused may be represented by civilian 

24 counsel if retained by the accused, provided that such civil25 ian counsel— 
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1 ‘‘(A) is a United States citizen; 

2 ‘‘(B) is admitted to the practice of law in a 

3 State, district, or possession of the United States, or 

4 before a Federal court; 

5 ‘‘(C) has not been the subject of any sanction 

6 of disciplinary action by any court, bar, or other 

7 competent governmental authority for relevant mis8 conduct; 

9 ‘‘(D) has been determined to be eligible for ac10 cess to information classified at the level Secret or 

11 higher; and 

12 ‘‘(E) has signed a written agreement to comply 

13 with all applicable regulations or instructions for 

14 counsel, including any rules of court for conduct 

15 during the proceedings. 

16 ‘‘(4) If the accused is represented by civilian counsel, 

17 military counsel shall act as associate counsel. 

18 ‘‘(5) The accused is not entitled to be represented by 

19 more than one military counsel. However, the person au20 thorized under regulations prescribed under section 948k 

21 of this title to detail counsel, in such person’s sole discre22 tion, may detail additional military counsel to represent 

23 the accused. 
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1 ‘‘(6) Defense counsel may cross-examine each witness 

2 for the prosecution who testifies before a military commis3 sion under this chapter. 

4 ‘‘(7) Civilian defense counsel shall protect any classi5 fied information received during the course of representa6 tion of the accused in accordance with all applicable law 

7 governing the protection of classified information, and 

8 may not divulge such information to any person not au9 thorized to receive it. 

10 ‘‘§ 949d. Sessions 

11 ‘‘(a) SESSIONS WITHOUT PRESENCE OF MEM12 BERS.—(1) At any time after the service of charges which 

13 have been referred for trial by military commission under 

14 this chapter, the military judge may call the military com15 mission into session without the presence of the members 

16 for the purpose of— 

17 ‘‘(A) hearing and determining motions raising 

18 defenses or objections which are capable of deter19 mination without trial of the issues raised by a plea 

20 of not guilty; 

21 ‘‘(B) hearing and ruling upon any matter which 

22 may be ruled upon by the military judge under this 

23 chapter, whether or not the matter is appropriate for 

24 later consideration or decision by the members; 
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1 ‘‘(C) if permitted by regulations prescribed by 

2 the Secretary of Defense, receiving the pleas of the 

3 accused; and 

4 ‘‘(D) performing any other procedural function 

5 which may be performed by the military judge under 

6 this chapter or under rules prescribed pursuant to 

7 section 949a of this title and which does not require 

8 the presence of the members. 

9 ‘‘(2) Except as provided in subsections (b), (c), and 

10 (d), any proceedings under paragraph (1) shall be con11 ducted in the presence of the accused, defense counsel, and 

12 trial counsel, and shall be made part of the record. 

13 ‘‘(b) DELIBERATION OR VOTE OF MEMBERS.—When 

14 the members of a military commission under this chapter 

15 deliberate or vote, only the members may be present. 

16 ‘‘(c) CLOSURE OF PROCEEDINGS.—(1) The military 

17 judge may close to the public all or part of the proceedings 

18 of a military commission under this chapter. 

19 ‘‘(2) The military judge may close to the public all 

20 or a portion of the proceedings under paragraph (1) only 

21 upon making a specific finding that such closure is nec22 essary to— 

23 ‘‘(A) protect information the disclosure of which 

24 could reasonably be expected to cause damage to the 
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1 national security, including intelligence or law en2 forcement sources, methods, or activities; or 

3 ‘‘(B) ensure the physical safety of individuals. 

4 ‘‘(3) A finding under paragraph (2) may be based 

5 upon a presentation, including a presentation ex parte or 

6 in camera, by either trial counsel or defense counsel. 

7 ‘‘(d) EXCLUSION OF ACCUSED FROM CERTAIN PRO8 CEEDINGS.—The military judge may exclude the accused 

9 from any portion of a proceeding upon a determination 

10 that, after being warned by the military judge, the accused 

11 persists in conduct that justifies exclusion from the court12 room— 

13 ‘‘(1) to ensure the physical safety of individuals; 

14 or 

15 ‘‘(2) to prevent disruption of the proceedings by 

16 the accused. 

17 ‘‘§ 949e. Continuances 

18 ‘‘The military judge in a military commission under 

19 this chapter may, for reasonable cause, grant a continu20 ance to any party for such time, and as often, as may 

21 appear to be just. 

22 ‘‘§ 949f. Challenges 

23 ‘‘(a) CHALLENGES AUTHORIZED.—The military 

24 judge and members of a military commission under this 

25 chapter may be challenged by the accused or trial counsel 
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1 for cause stated to the military commission. The military 

2 judge shall determine the relevance and validity of chal3 lenges for cause, and may not receive a challenge to more 

4 than one person at a time. Challenges by trial counsel 

5 shall ordinarily be presented and decided before those by 

6 the accused are offered. 

7 ‘‘(b) PEREMPTORY CHALLENGES.—The accused and 

8 trial counsel are each entitled to one peremptory challenge, 

9 but the military judge may not be challenged except for 

10 cause. 

11 ‘‘(c) CHALLENGES AGAINST ADDITIONAL MEM12 BERS.—Whenever additional members are detailed to a 

13 military commission under this chapter, and after any 

14 challenges for cause against such additional members are 

15 presented and decided, the accused and trial counsel are 

16 each entitled to one peremptory challenge against mem17 bers not previously subject to peremptory challenge. 

18 ‘‘§ 949g. Oaths 

19 ‘‘(a) IN GENERAL.—(1) Before performing their re20 spective duties in a military commission under this chap21 ter, military judges, members, trial counsel, defense coun22 sel, reporters, and interpreters shall take an oath to per23 form their duties faithfully. 

24 ‘‘(2) The form of the oath required by paragraph (1), 

25 the time and place of the taking thereof, the manner of 
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1 recording thereof, and whether the oath shall be taken for 

2 all cases in which duties are to be performed or for a par3 ticular case, shall be as provided in regulations prescribed 

4 by the Secretary of Defense. The regulations may provide 

5 that— 

6 ‘‘(A) an oath to perform faithfully duties as a 

7 military judge, trial counsel, or defense counsel may 

8 be taken at any time by any judge advocate or other 

9 person certified to be qualified or competent for the 

10 duty; and 

11 ‘‘(B) if such an oath is taken, such oath need 

12 not again be taken at the time the judge advocate 

13 or other person is detailed to that duty. 

14 ‘‘(b) WITNESSES.—Each witness before a military 

15 commission under this chapter shall be examined on oath. 

16 ‘‘(c) OATH DEFINED.—In this section, the term 

17 ‘oath’ includes an affirmation. 

18 ‘‘§ 949h. Former jeopardy 

19 ‘‘(a) IN GENERAL.—No person may, without his con20 sent, be tried by a military commission under this chapter 

21 a second time for the same offense. 

22 ‘‘(b) SCOPE OF TRIAL.—No proceeding in which the 

23 accused has been found guilty by military commission 

24 under this chapter upon any charge or specification is a 

25 trial in the sense of this section until the finding of guilty 
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1 has become final after review of the case has been fully 

2 completed. 

3 ‘‘§ 949i. Pleas of the accused 

4 ‘‘(a) PLEA OF NOT GUILTY.—If an accused in a mili5 tary commission under this chapter after a plea of guilty 

6 sets up matter inconsistent with the plea, or if it appears 

7 that the accused has entered the plea of guilty through 

8 lack of understanding of its meaning and effect, or if the 

9 accused fails or refuses to plead, a plea of not guilty shall 

10 be entered in the record, and the military commission shall 

11 proceed as though the accused had pleaded not guilty. 

12 ‘‘(b) FINDING OF GUILT AFTER GUILTY PLEA.— 

13 With respect to any charge or specification to which a plea 

14 of guilty has been made by the accused in a military com15 mission under this chapter and accepted by the military 

16 judge, a finding of guilty of the charge or specification 

17 may be entered immediately without a vote. The finding 

18 shall constitute the finding of the military commission un19 less the plea of guilty is withdrawn prior to announcement 

20 of the sentence, in which event the proceedings shall con21 tinue as though the accused had pleaded not guilty. 

22 ‘‘§ 949j. Opportunity to obtain witnesses and other 

23 evidence 

24 ‘‘(a) IN GENERAL.—(1) Defense counsel in a military 

25 commission under this chapter shall have a reasonable op-
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1 portunity to obtain witnesses and other evidence as pro2 vided in regulations prescribed by the Secretary of De3 fense. 

4 ‘‘(2) Process issued in military commissions under 

5 this chapter to compel witnesses to appear and testify and 

6 to compel the production of other evidence— 

7 ‘‘(A) shall be similar to that which courts of the 

8 United States having criminal jurisdiction may law9 fully issue; and 

10 ‘‘(B) shall run to any place where the United 

11 States shall have jurisdiction thereof. 

12 ‘‘(b) DISCLOSURE OF EXCULPATORY EVIDENCE.— 

13 (1) As soon as practicable, trial counsel in a military com14 mission under this chapter shall disclose to the defense 

15 the existence of any evidence that reasonably tends to— 

16 ‘‘(A) negate the guilt of the accused of an of17 fense charged; or 

18 ‘‘(B) reduce the degree of guilt of the accused 

19 with respect to an offense charged. 

20 ‘‘(2) The trial counsel shall, as soon as practicable, 

21 disclose to the defense the existence of evidence that rea22 sonably tends to impeach the credibility of a witness whom 

23 the government intends to call at trial. 

24 ‘‘(3) The trial counsel shall, as soon as practicable 

25 upon a finding of guilt, disclose to the defense the exist-
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1 ence of evidence that is not subject to paragraph (1) or 

2 paragraph (2) but that reasonably may be viewed as miti3 gation evidence at sentencing. 

4 ‘‘(4) The disclosure obligations under this subsection 

5 encompass evidence that is known or reasonably should 

6 be known to any government officials who participated in 

7 the investigation and prosecution of the case against the 

8 defendant. 

9 ‘‘§ 949k. Defense of lack of mental responsibility 

10 ‘‘(a) AFFIRMATIVE DEFENSE.—It is an affirmative 

11 defense in a trial by military commission under this chap12 ter that, at the time of the commission of the acts consti13 tuting the offense, the accused, as a result of a severe 

14 mental disease or defect, was unable to appreciate the na15 ture and quality or the wrongfulness of the acts. Mental 

16 disease or defect does not otherwise constitute a defense. 

17 ‘‘(b) BURDEN OF PROOF.—The accused in a military 

18 commission under this chapter has the burden of proving 

19 the defense of lack of mental responsibility by clear and 

20 convincing evidence. 

21 ‘‘(c) FINDINGS FOLLOWING ASSERTION OF DE22 FENSE.—Whenever lack of mental responsibility of the ac23 cused with respect to an offense is properly at issue in 

24 a military commission under this chapter, the military 

25 judge shall instruct the members as to the defense of lack 
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1 of mental responsibility under this section and shall 

2 charge the members to find the accused— 

3 ‘‘(1) guilty; 

4 ‘‘(2) not guilty; or 

5 ‘‘(3) subject to subsection (d), not guilty by rea6 son of lack of mental responsibility. 

7 ‘‘(d) MAJORITY VOTE REQUIRED FOR FINDING.— 

8 The accused shall be found not guilty by reason of lack 

9 of mental responsibility under subsection (c)(3) only if a 

10 majority of the members present at the time the vote is 

11 taken determines that the defense of lack of mental re12 sponsibility has been established. 

13 ‘‘§ 949l. Voting and rulings 

14 ‘‘(a) VOTE BY SECRET WRITTEN BALLOT.—Voting 

15 by members of a military commission under this chapter 

16 on the findings and on the sentence shall be by secret writ17 ten ballot. 

18 ‘‘(b) RULINGS.—(1) The military judge in a military 

19 commission under this chapter shall rule upon all ques20 tions of law, including the admissibility of evidence and 

21 all interlocutory questions arising during the proceedings. 

22 ‘‘(2) Any ruling made by the military judge upon a 

23 question of law or an interlocutory question (other than 

24 the factual issue of mental responsibility of the accused) 

25 is conclusive and constitutes the ruling of the military 
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1 commission. However, a military judge may change his 

2 ruling at any time during the trial. 

3 ‘‘(c) INSTRUCTIONS PRIOR TO VOTE.—Before a vote 

4 is taken of the findings of a military commission under 

5 this chapter, the military judge shall, in the presence of 

6 the accused and counsel, instruct the members as to the 

7 elements of the offense and charge the members— 

8 ‘‘(1) that the accused must be presumed to be 

9 innocent until his guilt is established by legal and 

10 competent evidence beyond a reasonable doubt; 

11 ‘‘(2) that in the case being considered, if there 

12 is a reasonable doubt as to the guilt of the accused, 

13 the doubt must be resolved in favor of the accused 

14 and he must be acquitted; 

15 ‘‘(3) that, if there is reasonable doubt as to the 

16 degree of guilt, the finding must be in a lower de17 gree as to which there is no reasonable doubt; and 

18 ‘‘(4) that the burden of proof to establish the 

19 guilt of the accused beyond a reasonable doubt is 

20 upon the United States. 

21 ‘‘§ 949m. Number of votes required 

22 ‘‘(a) CONVICTION.—No person may be convicted by 

23 a military commission under this chapter of any offense, 

24 except as provided in section 949i(b) of this title or by 
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1 concurrence of two-thirds of the members present at the 

2 time the vote is taken. 

3 ‘‘(b) SENTENCES.—(1) Except as provided in para4 graphs (2) and (3), sentences shall be determined by a 

5 military commission by the concurrence of two-thirds of 

6 the members present at the time the vote is taken. 

7 ‘‘(2) No person may be sentenced to death by a mili8 tary commission, except insofar as— 

9 ‘‘(A) the penalty of death has been expressly 

10 authorized under this chapter, chapter 47 of this 

11 title, or the law of war for an offense of which the 

12 accused has been found guilty; 

13 ‘‘(B) trial counsel expressly sought the penalty 

14 of death by filing an appropriate notice in advance 

15 of trial; 

16 ‘‘(C) the accused was convicted of the offense 

17 by the concurrence of all the members present at the 

18 time the vote is taken; and 

19 ‘‘(D) all members present at the time the vote 

20 was taken concurred in the sentence of death. 

21 ‘‘(3) No person may be sentenced to life imprison22 ment, or to confinement for more than 10 years, by a mili23 tary commission under this chapter except by the concur24 rence of three-fourths of the members present at the time 

25 the vote is taken. 
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1 ‘‘(c) NUMBER OF MEMBERS REQUIRED FOR PEN2 ALTY OF DEATH.—(1) Except as provided in paragraph 

3 (2), in a case in which the penalty of death is sought, the 

4 number of members of the military commission under this 

5 chapter shall be not less than 12 members. 

6 ‘‘(2) In any case described in paragraph (1) in which 

7 12 members are not reasonably available for a military 

8 commission because of physical conditions or military ex9 igencies, the convening authority shall specify a lesser 

10 number of members for the military commission (but not 

11 fewer than 5 members), and the military commission may 

12 be assembled, and the trial held, with not less than the 

13 number of members so specified. In any such case, the 

14 convening authority shall make a detailed written state15 ment, to be appended to the record, stating why a greater 

16 number of members were not reasonably available. 

17 ‘‘§ 949n. Military commission to announce action 

18 ‘‘A military commission under this chapter shall an19 nounce its findings and sentence to the parties as soon 

20 as determined. 

21 ‘‘§ 949o. Record of trial 

22 ‘‘(a) RECORD; AUTHENTICATION.—Each military 

23 commission under this chapter shall keep a separate, ver24 batim, record of the proceedings in each case brought be25 fore it, and the record shall be authenticated by the signa-
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1 ture of the military judge. If the record cannot be authen2 ticated by the military judge by reason of his death, dis3 ability, or absence, it shall be authenticated by the signa4 ture of the trial counsel or by a member if the trial counsel 

5 is unable to authenticate it by reason of his death, dis6 ability, or absence. Where appropriate, and as provided 

7 in regulations prescribed by the Secretary of Defense, the 

8 record of a military commission under this chapter may 

9 contain a classified annex. 

10 ‘‘(b) COMPLETE RECORD REQUIRED.—A complete 

11 record of the proceedings and testimony shall be prepared 

12 in every military commission under this chapter. 

13 ‘‘(c) PROVISION OF COPY TO ACCUSED.—A copy of 

14 the record of the proceedings of the military commission 

15 under this chapter shall be given the accused as soon as 

16 it is authenticated. If the record contains classified infor17 mation, or a classified annex, the accused shall receive a 

18 redacted version of the record consistent with the require19 ments of section 949d(c)(4) of this title. Defense counsel 

20 shall have access to the unredacted record, as provided 

21 in regulations prescribed by the Secretary of Defense. 

22 ‘‘SUBCHAPTER V—CLASSIFIED INFORMATION 

23 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. 
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‘‘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. 

1 ‘‘§ 949p–1. Protection of classified information: appli2 cability of subchapter 

3 ‘‘(a) PROTECTION OF CLASSIFIED INFORMATION.— 

4 Classified information shall be protected and is privileged 

5 from disclosure if disclosure would be detrimental to the 

6 national security. Under no circumstances may a military 

7 judge order the release of classified information to any 

8 person not authorized to receive such information. 

9 ‘‘(b) ACCESS TO EVIDENCE.—Any information ad10 mitted into evidence pursuant to any rule, procedure, or 

11 order by the military judge shall be provided to the ac12 cused. 

13 ‘‘(c) DECLASSIFICATION.—Trial counsel shall work 

14 with the original classification authorities for evidence that 

15 may be used at trial to ensure that such evidence is declas16 sified to the maximum extent possible, consistent with the 

17 requirements of national security. A decision not to declas18 sify evidence under this section shall not be subject to re19 view by a military commission or upon appeal. 

20 ‘‘(d) CONSTRUCTION OF PROVISIONS.—The judicial 

21 construction of the Classified Information Procedures Act 

22 (18 U.S.C. App.) shall be authoritative in the interpreta23 tion of this subchapter, except to the extent that such con-
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1 struction is inconsistent with the specific requirements of 

2 this chapter. 

3 ‘‘§ 949p–2. Pretrial conference 

4 ‘‘(a) MOTION.—At any time after service of charges, 

5 any party may move for a pretrial conference to consider 

6 matters relating to classified information that may arise 

7 in connection with the prosecution. 

8 ‘‘(b) CONFERENCE.—Following a motion under sub9 section (a), or sua sponte, the military judge shall prompt10 ly hold a pretrial conference. Upon request by either party, 

11 the court shall hold such conference ex parte to the extent 

12 necessary to protect classified information from disclosure, 

13 in accordance with the practice of the Federal courts 

14 under the Classified Information Procedures Act (18 

15 U.S.C. App.). 

16 ‘‘(c) MATTERS TO BE ESTABLISHED AT PRETRIAL

17 CONFERENCE.— 

18 ‘‘(1) TIMING OF SUBSEQUENT ACTIONS.—At 

19 the pretrial conference, the military judge shall es20 tablish the timing of— 

21 ‘‘(A) requests for discovery; 

22 ‘‘(B) the provision of notice required by 

23 section 949p–5 of this title; and 

24 ‘‘(C) the initiation of the procedure estab25 lished by section 949p–6 of this title. 
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1 ‘‘(2) OTHER MATTERS.—At the pretrial con2 ference, the military judge may also consider any 

3 matter— 

4 ‘‘(A) which relates to classified informa5 tion; or 

6 ‘‘(B) which may promote a fair and expedi7 tious trial. 

8 ‘‘(d) EFFECT OF ADMISSIONS BY ACCUSED AT PRE9 TRIAL CONFERENCE.—No admission made by the accused 

10 or by any counsel for the accused at a pretrial conference 

11 under this section may be used against the accused unless 

12 the admission is in writing and is signed by the accused 

13 and by the counsel for the accused. 

14 ‘‘§ 949p–3. Protective orders 

15 ‘‘Upon motion of the trial counsel, the military judge 

16 shall issue an order to protect against the disclosure of 

17 any classified information that has been disclosed by the 

18 United States to any accused in any military commission 

19 under this chapter or that has otherwise been provided 

20 to, or obtained by, any such accused in any such military 

21 commission. 

22 ‘‘§ 949p–4. Discovery of, and access to, classified in23 formation by the accused 

24 ‘‘(a) LIMITATIONS ON DISCOVERY OR ACCESS BY

25 THE ACCUSED.— 
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1 ‘‘(1) DECLARATIONS BY THE UNITED STATES

2 OF DAMAGE TO NATIONAL SECURITY.—In any case 

3 before a military commission in which the United 

4 States seeks to delete, withhold, or otherwise obtain 

5 other relief with respect to the discovery of or access 

6 to any classified information, the trial counsel shall 

7 submit a declaration invoking the United States’ 

8 classified information privilege and setting forth the 

9 damage to the national security that the discovery of 

10 or access to such information reasonably could be 

11 expected to cause. The declaration shall be signed by 

12 a knowledgeable United States official possessing 

13 authority to classify information. 

14 ‘‘(2) STANDARD FOR AUTHORIZATION OF DIS15 COVERY OR ACCESS.—Upon the submission of a dec16 laration under paragraph (1), the military judge 

17 shall not authorize the discovery of or access to such 

18 classified information unless the military judge de19 termines that such classified information would be 

20 noncumulative, relevant, and helpful to a legally cog21 nizable defense, rebuttal of the prosecution’s case, or 

22 to sentencing, in accordance with standards gen23 erally applicable to discovery of or access to classi24 fied information in Federal criminal cases. If the 

25 discovery of or access to such classified information 
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1 is authorized, it shall be addressed in accordance 

2 with the requirements of subsection (b). 

3 ‘‘(b) DISCOVERY OF CLASSIFIED INFORMATION.— 

4 ‘‘(1) SUBSTITUTIONS AND OTHER RELIEF.— 

5 The military judge, in assessing the accused’s dis6 covery of or access to classified information under 

7 this section, may authorize the United States— 

8 ‘‘(A) to delete or withhold specified items 

9 of classified information; 

10 ‘‘(B) to substitute a summary for classified 

11 information; or 

12 ‘‘(C) to substitute a statement admitting 

13 relevant facts that the classified information or 

14 material would tend to prove. 

15 ‘‘(2) EX PARTE PRESENTATIONS.—The military 

16 judge shall permit the trial counsel to make a re17 quest for an authorization under paragraph (1) in 

18 the form of an ex parte presentation to the extent 

19 necessary to protect classified information, in ac20 cordance with the practice of the Federal courts 

21 under the Classified Information Procedures Act (18 

22 U.S.C. App.). If the military judge enters an order 

23 granting relief following such an ex parte showing, 

24 the entire text of the written submission shall be 

25 sealed and preserved in the records of the military 
501 

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1 commission to be made available to the appellate 

2 court in the event of an appeal. 

3 ‘‘(3) ACTION BY MILITARY JUDGE.—The mili4 tary judge shall grant the request of the trial coun5 sel to substitute a summary or to substitute a state6 ment admitting relevant facts, or to provide other 

7 relief in accordance with paragraph (1), if the mili8 tary judge finds that the summary, statement, or 

9 other relief would provide the accused with substan10 tially the same ability to make a defense as would 

11 discovery of or access to the specific classified infor12 mation. 

13 ‘‘(c) RECONSIDERATION.—An order of a military 

14 judge authorizing a request of the trial counsel to sub15 stitute, summarize, withhold, or prevent access to classi16 fied information under this section is not subject to a mo17 tion for reconsideration by the accused, if such order was 

18 entered pursuant to an ex parte showing under this sec19 tion. 

20 ‘‘§ 949p–5. Notice by accused of intention to disclose 

21 classified information 

22 ‘‘(a) NOTICE BY ACCUSED.— 

23 ‘‘(1) NOTIFICATION OF TRIAL COUNSEL AND

24 MILITARY JUDGE.—If an accused reasonably expects 

25 to disclose, or to cause the disclosure of, classified 
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1 information in any manner in connection with any 

2 trial or pretrial proceeding involving the prosecution 

3 of such accused, the accused shall, within the time 

4 specified by the military judge or, where no time is 

5 specified, within 30 days before trial, notify the trial 

6 counsel and the military judge in writing. Such no7 tice shall include a brief description of the classified 

8 information. Whenever the accused learns of addi9 tional classified information the accused reasonably 

10 expects to disclose, or to cause the disclosure of, at 

11 any such proceeding, the accused shall notify trial 

12 counsel and the military judge in writing as soon as 

13 possible thereafter and shall include a brief descrip14 tion of the classified information. 

15 ‘‘(2) LIMITATION ON DISCLOSURE BY AC16 CUSED.—No accused shall disclose, or cause the dis17 closure of, any information known or believed to be 

18 classified in connection with a trial or pretrial pro19 ceeding until— 

20 ‘‘(A) notice has been given under para21 graph (1); and 

22 ‘‘(B) the United States has been afforded 

23 a reasonable opportunity to seek a determina24 tion pursuant to the procedure set forth in sec25 tion 949p–6 of this title and the time for the 
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1 United States to appeal such determination 

2 under section 950d of this title has expired or 

3 any appeal under that section by the United 

4 States is decided. 

5 ‘‘(b) FAILURE TO COMPLY.—If the accused fails to 

6 comply with the requirements of subsection (a), the mili7 tary judge— 

8 ‘‘(1) may preclude disclosure of any classified 

9 information not made the subject of notification; and 

10 ‘‘(2) may prohibit the examination by the ac11 cused of any witness with respect to any such infor12 mation. 

13 ‘‘§ 949p–6. Procedure for cases involving classified in14 formation 

15 ‘‘(a) MOTION FOR HEARING.— 

16 ‘‘(1) REQUEST FOR HEARING.—Within the time 

17 specified by the military judge for the filing of a mo18 tion under this section, either party may request the 

19 military judge to conduct a hearing to make all de20 terminations concerning the use, relevance, or ad21 missibility of classified information that would other22 wise be made during the trial or pretrial proceeding. 

23 ‘‘(2) CONDUCT OF HEARING.—Upon a request 

24 by either party under paragraph (1), the military 
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1 judge shall conduct such a hearing and shall rule 

2 prior to conducting any further proceedings. 

3 ‘‘(3) IN CAMERA HEARING UPON DECLARATION

4 TO COURT BY APPROPRIATE OFFICIAL OF RISK OF

5 DISCLOSURE OF CLASSIFIED INFORMATION.—Any 

6 hearing held pursuant to this subsection (or any por7 tion of such hearing specified in the request of a 

8 knowledgeable United States official) shall be held in 

9 camera if a knowledgeable United States official pos10 sessing authority to classify information submits to 

11 the military judge a declaration that a public pro12 ceeding may result in the disclosure of classified in13 formation. Classified information is not subject to 

14 disclosure under this section unless the information 

15 is relevant and necessary to an element of the of16 fense or a legally cognizable defense and is otherwise 

17 admissible in evidence. 

18 ‘‘(4) MILITARY JUDGE TO MAKE DETERMINA19 TIONS IN WRITING.—As to each item of classified in20 formation, the military judge shall set forth in writ21 ing the basis for the determination. 

22 ‘‘(b) NOTICE AND USE OF CLASSIFIED INFORMATION

23 BY THE GOVERNMENT.— 

24 ‘‘(1) NOTICE TO ACCUSED.—Before any hearing 

25 is conducted pursuant to a request by the trial coun-
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1 sel under subsection (a), trial counsel shall provide 

2 the accused with notice of the classified information 

3 that is at issue. Such notice shall identify the spe4 cific classified information at issue whenever that in5 formation previously has been made available to the 

6 accused by the United States. When the United 

7 States has not previously made the information 

8 available to the accused in connection with the case 

9 the information may be described by generic cat10 egory, in such forms as the military judge may ap11 prove, rather than by identification of the specific in12 formation of concern to the United States. 

13 ‘‘(2) ORDER BY MILITARY JUDGE UPON RE14 QUEST OF ACCUSED.—Whenever the trial counsel re15 quests a hearing under subsection (a), the military 

16 judge, upon request of the accused, may order the 

17 trial counsel to provide the accused, prior to trial, 

18 such details as to the portion of the charge or speci19 fication at issue in the hearing as are needed to give 

20 the accused fair notice to prepare for the hearing. 

21 ‘‘(c) SUBSTITUTIONS.— 

22 ‘‘(1) IN CAMERA PRETRIAL HEARING.—Upon 

23 request of the trial counsel pursuant to the Military 

24 Commission Rules of Evidence, and in accordance 

25 with the security procedures established by the mili-
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1 tary judge, the military judge shall conduct a classi2 fied in camera pretrial hearing concerning the ad3 missibility of classified information. 

4 ‘‘(2) PROTECTION OF SOURCES, METHODS, AND

5 ACTIVITIES BY WHICH EVIDENCE ACQUIRED.—The 

6 military judge shall permit the trial counsel to intro7 duce otherwise admissible evidence, including a sub8 stituted evidentiary foundation pursuant to the pro9 cedures described in subsection (d), before a military 

10 commission while protecting from disclosure the 

11 sources, methods, or activities by which the United 

12 States acquired the evidence if the military judge 

13 finds that the sources, methods, or activities are 

14 classified, the evidence is reliable, and the redaction 

15 is consistent with affording the accused a fair trial. 

16 ‘‘(d) ALTERNATIVE PROCEDURE FOR DISCLOSURE

17 OF CLASSIFIED INFORMATION.— 

18 ‘‘(1) MOTION BY THE UNITED STATES.—Upon 

19 any determination by the military judge authorizing 

20 the disclosure of specific classified information under 

21 the procedures established by this section, the trial 

22 counsel may move that, in lieu of the disclosure of 

23 such specific classified information, the military 

24 judge order— 
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1 ‘‘(A) the substitution for such classified in2 formation of a statement admitting relevant 

3 facts that the specific classified information 

4 would tend to prove; 

5 ‘‘(B) the substitution for such classified in6 formation of a summary of the specific classi7 fied information; or 

8 ‘‘(C) any other procedure or redaction lim9 iting the disclosure of specific classified infor10 mation. 

11 ‘‘(2) ACTION ON MOTION.—The military judge 

12 shall grant such a motion of the trial counsel if the 

13 military judge finds that the statement, summary, or 

14 other procedure or redaction will provide the defend15 ant with substantially the same ability to make his 

16 defense as would disclosure of the specific classified 

17 information. 

18 ‘‘(3) HEARING ON MOTION.—The military judge 

19 shall hold a hearing on any motion under this sub20 section. Any such hearing shall be held in camera at 

21 the request of a knowledgeable United States official 

22 possessing authority to classify information. 

23 ‘‘(4) SUBMISSION OF STATEMENT OF DAMAGE

24 TO NATIONAL SECURITY IF DISCLOSURE OR25 DERED.—The trial counsel may, in connection with 
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1 a motion under paragraph (1), submit to the mili2 tary judge a declaration signed by a knowledgeable 

3 United States official possessing authority to classify 

4 information certifying that disclosure of classified in5 formation would cause identifiable damage to the 

6 national security of the United States and explaining 

7 the basis for the classification of such information. 

8 If so requested by the trial counsel, the military 

9 judge shall examine such declaration during an ex 

10 parte presentation. 

11 ‘‘(e) SEALING OF RECORDS OF IN CAMERA HEAR12 INGS.—If at the close of an in camera hearing under this 

13 section (or any portion of a hearing under this section that 

14 is held in camera), the military judge determines that the 

15 classified information at issue may not be disclosed or elic16 ited at the trial or pretrial proceeding, the record of such 

17 in camera hearing shall be sealed and preserved for use 

18 in the event of an appeal. The accused may seek reconsid19 eration of the military judge’s determination prior to or 

20 during trial. 

21 ‘‘(f) PROHIBITION ON DISCLOSURE OF CLASSIFIED

22 INFORMATION BY THE ACCUSED; RELIEF FOR ACCUSED

23 WHEN THE UNITED STATES OPPOSES DISCLOSURE.— 

24 ‘‘(1) ORDER TO PREVENT DISCLOSURE BY AC25 CUSED.—Whenever the military judge denies a mo-
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1 tion by the trial counsel that the judge issue an 

2 order under subsection (a), (c), or (d) and the trial 

3 counsel files with the military judge a declaration 

4 signed by a knowledgeable United States official 

5 possessing authority to classify information objecting 

6 to disclosure of the classified information at issue, 

7 the military judge shall order that the accused not 

8 disclose or cause the disclosure of such information. 

9 ‘‘(2) RESULT OF ORDER UNDER PARAGRAPH

10 (1).—Whenever an accused is prevented by an order 

11 under paragraph (1) from disclosing or causing the 

12 disclosure of classified information, the military 

13 judge shall dismiss the case; except that, when the 

14 military judge determines that the interests of jus15 tice would not be served by dismissal of the case, the 

16 military judge shall order such other action, in lieu 

17 of dismissing the charge or specification, as the mili18 tary judge determines is appropriate. Such action 

19 may include, but need not be limited to, the fol20 lowing: 

21 ‘‘(A) Dismissing specified charges or speci22 fications. 

23 ‘‘(B) Finding against the United States on 

24 any issue as to which the excluded classified in25 formation relates. 
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1 ‘‘(C) Striking or precluding all or part of 

2 the testimony of a witness. 

3 ‘‘(3) TIME FOR THE UNITED STATES TO SEEK

4 INTERLOCUTORY APPEAL.—An order under para5 graph (2) shall not take effect until the military 

6 judge has afforded the United States— 

7 ‘‘(A) an opportunity to appeal such order 

8 under section 950d of this title; and 

9 ‘‘(B) an opportunity thereafter to withdraw 

10 its objection to the disclosure of the classified 

11 information at issue. 

12 ‘‘(g) RECIPROCITY.— 

13 ‘‘(1) DISCLOSURE OF REBUTTAL INFORMA14 TION.—Whenever the military judge determines that 

15 classified information may be disclosed in connection 

16 with a trial or pretrial proceeding, the military judge 

17 shall, unless the interests of fairness do not so re18 quire, order the United States to provide the ac19 cused with the information it expects to use to rebut 

20 the classified information. The military judge may 

21 place the United States under a continuing duty to 

22 disclose such rebuttal information. 

23 ‘‘(2) SANCTION FOR FAILURE TO COMPLY.—If 

24 the United States fails to comply with its obligation 

25 under this subsection, the military judge— 
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1 ‘‘(A) may exclude any evidence not made 

2 the subject of a required disclosure; and 

3 ‘‘(B) may prohibit the examination by the 

4 United States of any witness with respect to 

5 such information. 

6 ‘‘§ 949p–7. Introduction of classified information into 

7 evidence 

8 ‘‘(a) PRESERVATION OF CLASSIFICATION STATUS.— 

9 Writings, recordings, and photographs containing classi10 fied information may be admitted into evidence in pro11 ceedings of military commissions under this chapter with12 out change in their classification status. 

13 ‘‘(b) PRECAUTIONS BY MILITARY JUDGES.— 

14 ‘‘(1) PRECAUTIONS IN ADMITTING CLASSIFIED

15 INFORMATION INTO EVIDENCE.—The military judge 

16 in a trial by military commission, in order to prevent 

17 unnecessary disclosure of classified information, may 

18 order admission into evidence of only part of a writ19 ing, recording, or photograph, or may order admis20 sion into evidence of the whole writing, recording, or 

21 photograph with excision of some or all of the classi22 fied information contained therein, unless the whole 

23 ought in fairness be considered. 

24 ‘‘(2) CLASSIFIED INFORMATION KEPT UNDER

25 SEAL.—The military judge shall allow classified in-
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1 formation offered or accepted into evidence to re2 main under seal during the trial, even if such evi3 dence is disclosed in the military commission, and 

4 may, upon motion by the Government, seal exhibits 

5 containing classified information for any period after 

6 trial as necessary to prevent a disclosure of classified 

7 information when a knowledgeable United States of8 ficial possessing authority to classify information 

9 submits to the military judge a declaration setting 

10 forth the damage to the national security that the 

11 disclosure of such information reasonably could be 

12 expected to cause. 

13 ‘‘(c) TAKING OF TESTIMONY.— 

14 ‘‘(1) OBJECTION BY TRIAL COUNSEL.—During 

15 the examination of a witness, trial counsel may ob16 ject to any question or line of inquiry that may re17 quire the witness to disclose classified information 

18 not previously found to be admissible. 

19 ‘‘(2) ACTION BY MILITARY JUDGE.—Following 

20 an objection under paragraph (1), the military judge 

21 shall take such suitable action to determine whether 

22 the response is admissible as will safeguard against 

23 the compromise of any classified information. Such 

24 action may include requiring trial counsel to provide 

25 the military judge with a proffer of the witness’ re-
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1 sponse to the question or line of inquiry and requir2 ing the accused to provide the military judge with a 

3 proffer of the nature of the information sought to be 

4 elicited by the accused. Upon request, the military 

5 judge may accept an ex parte proffer by trial counsel 

6 to the extent necessary to protect classified informa7 tion from disclosure, in accordance with the practice 

8 of the Federal courts under the Classified Informa9 tion Procedures Act (18 U.S.C. App.). 

10 ‘‘(d) DISCLOSURE AT TRIAL OF CERTAIN STATE11 MENTS PREVIOUSLY MADE BY A WITNESS.— 

12 ‘‘(1) MOTION FOR PRODUCTION OF STATE13 MENTS IN POSSESSION OF THE UNITED STATES.— 

14 After a witness called by the trial counsel has testi15 fied on direct examination, the military judge, on 

16 motion of the accused, may order production of 

17 statements of the witness in the possession of the 

18 United States which relate to the subject matter as 

19 to which the witness has testified. This paragraph 

20 does not preclude discovery or assertion of a privi21 lege otherwise authorized. 

22 ‘‘(2) INVOCATION OF PRIVILEGE BY THE

23 UNITED STATES.—If the United States invokes a 

24 privilege, the trial counsel may provide the prior 

25 statements of the witness to the military judge dur-
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1 ing an ex parte presentation to the extent necessary 

2 to protect classified information from disclosure, in 

3 accordance with the practice of the Federal courts 

4 under the Classified Information Procedures Act (18 

5 U.S.C. App.). 

6 ‘‘(3) ACTION BY MILITARY JUDGE ON MO7 TION.—If the military judge finds that disclosure of 

8 any portion of the statement identified by the 

9 United States as classified would be detrimental to 

10 the national security in the degree to warrant classi11 fication under the applicable Executive Order, stat12 ute, or regulation, that such portion of the state13 ment is consistent with the testimony of the witness, 

14 and that the disclosure of such portion is not nec15 essary to afford the accused a fair trial, the military 

16 judge shall excise that portion from the statement. 

17 If the military judge finds that such portion of the 

18 statement is inconsistent with the testimony of the 

19 witness or that its disclosure is necessary to afford 

20 the accused a fair trial, the military judge, shall, 

21 upon the request of the trial counsel, review alter22 natives to disclosure in accordance with section 

23 949p–6(d) of this title. 

24 ‘‘SUBCHAPTER VI—SENTENCES 

‘‘Sec. 

‘‘949s. Cruel or unusual punishments prohibited. 
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‘‘949t. Maximum limits. 

‘‘949u. Execution of confinement. 

1 ‘‘§ 949s. Cruel or unusual punishments prohibited 

2 ‘‘Punishment by flogging, or by branding, marking, 

3 or tattooing on the body, or any other cruel or unusual 

4 punishment, may not be adjudged by a military commis5 sion under this chapter or inflicted under this chapter 

6 upon any person subject to this chapter. The use of irons, 

7 single or double, except for the purpose of safe custody, 

8 is prohibited under this chapter. 

9 ‘‘§ 949t. Maximum limits 

10 ‘‘The punishment which a military commission under 

11 this chapter may direct for an offense may not exceed such 

12 limits as the President or Secretary of Defense may pre13 scribe for that offense. 

14 ‘‘§ 949u. Execution of confinement 

15 ‘‘(a) IN GENERAL.—Under such regulations as the 

16 Secretary of Defense may prescribe, a sentence of confine17 ment adjudged by a military commission under this chap18 ter may be carried into execution by confinement— 

19 ‘‘(1) in any place of confinement under the con20 trol of any of the armed forces; or 

21 ‘‘(2) in any penal or correctional institution 

22 under the control of the United States or its allies, 

23 or which the United States may be allowed to use. 
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1 ‘‘(b) TREATMENT DURING CONFINEMENT BY OTHER

2 THAN THE ARMED FORCES.—Persons confined under 

3 subsection (a)(2) in a penal or correctional institution not 

4 under the control of an armed force are subject to the 

5 same discipline and treatment as persons confined or com6 mitted by the courts of the United States or of the State, 

7 District of Columbia, or place in which the institution is 

8 situated. 

9 ‘‘SUBCHAPTER VII—POST-TRIAL PROCEDURE 

10 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 Appeals for the Armed Forces and Supreme Court. 

‘‘950g. Appellate counsel. 

‘‘950h. Execution of sentence; suspension of sentence. 

‘‘950i. Finality of proceedings, findings, and sentences. 

11 ‘‘§ 950a. Error of law; lesser included offense 

12 ‘‘(a) ERROR OF LAW.—A finding or sentence of a 

13 military commission under this chapter may not be held 

14 incorrect on the ground of an error of law unless the error 

15 materially prejudices the substantial rights of the accused. 

16 ‘‘(b) LESSER INCLUDED OFFENSE.—Any reviewing 

17 authority with the power to approve or affirm a finding 

18 of guilty by a military commission under this chapter may 

19 approve or affirm, instead, so much of the finding as in20 cludes a lesser included offense. 
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1 ‘‘§ 950b. Review by the convening authority 

2 ‘‘(a) NOTICE TO CONVENING AUTHORITY OF FIND3 INGS AND SENTENCE.—The findings and sentence of a 

4 military commission under this chapter shall be reported 

5 in writing promptly to the convening authority after the 

6 announcement of the sentence. 

7 ‘‘(b) SUBMITTAL OF MATTERS BY ACCUSED TO CON8 VENING AUTHORITY.—(1) The accused may submit to the 

9 convening authority matters for consideration by the con10 vening authority with respect to the findings and the sen11 tence of the military commission under this chapter. 

12 ‘‘(2)(A) Except as provided in subparagraph (B), a 

13 submittal under paragraph (1) shall be made in writing 

14 within 20 days after accused has been give an authenti15 cated record of trial under section 949o(c) of this title. 

16 ‘‘(B) If the accused shows that additional time is re17 quired for the accused to make a submittal under para18 graph (1), the convening authority may, for good cause, 

19 extend the applicable period under subparagraph (A) for 

20 not more than an additional 20 days. 

21 ‘‘(3) The accused may waive his right to make a sub22 mittal to the convening authority under paragraph (1). 

23 Such a waiver shall be made in writing, and may not be 

24 revoked. For the purposes of subsection (c)(2), the time 

25 within which the accused may make a submittal under this 

26 subsection shall be deemed to have expired upon the sub-
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1 mittal of a waiver under this paragraph to the convening 

2 authority. 

3 ‘‘(c) ACTION BY CONVENING AUTHORITY.—(1) The 

4 authority under this subsection to modify the findings and 

5 sentence of a military commission under this chapter is 

6 a matter of the sole discretion and prerogative of the con7 vening authority. 

8 ‘‘(2) The convening authority is not required to take 

9 action on the findings of a military commission under this 

10 chapter. If the convening authority takes action on the 

11 findings, the convening authority may, in his sole discre12 tion, only— 

13 ‘‘(A) dismiss any charge or specification by set14 ting aside a finding of guilty thereto; or 

15 ‘‘(B) change a finding of guilty to a charge to 

16 a finding of guilty to an offense that is a lesser in17 cluded offense of the offense stated in the charge. 

18 ‘‘(3)(A) The convening authority shall take action on 

19 the sentence of a military commission under this chapter. 

20 ‘‘(B) Subject to regulations prescribed by the Sec21 retary of Defense, action under this paragraph may be 

22 taken only after consideration of any matters submitted 

23 by the accused under subsection (b) or after the time for 

24 submitting such matters expires, whichever is earlier. 
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1 ‘‘(C) In taking action under this paragraph, the con2 vening authority may, in his sole discretion, approve, dis3 approve, commute, or suspend the sentence in whole or 

4 in part. The convening authority may not increase a sen5 tence beyond that which is found by the military commis6 sion. 

7 ‘‘(4) The convening authority shall serve on the ac8 cused or on defense counsel notice of any action taken by 

9 the convening authority under this subsection. 

10 ‘‘(d) ORDER OF REVISION OR REHEARING.—(1) Sub11 ject to paragraphs (2) and (3), the convening authority 

12 of a military commission under this chapter may, in his 

13 sole discretion, order a proceeding in revision or a rehear14 ing. 

15 ‘‘(2)(A) Except as provided in subparagraph (B), a 

16 proceeding in revision may be ordered by the convening 

17 authority if— 

18 ‘‘(i) there is an apparent error or omission in 

19 the record; or 

20 ‘‘(ii) the record shows improper or inconsistent 

21 action by the military commission with respect to 

22 the findings or sentence that can be rectified without 

23 material prejudice to the substantial rights of the 

24 accused. 

25 ‘‘(B) In no case may a proceeding in revision— 
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1 ‘‘(i) reconsider a finding of not guilty of a spec2 ification or a ruling which amounts to a finding of 

3 not guilty; 

4 ‘‘(ii) reconsider a finding of not guilty of any 

5 charge, unless there has been a finding of guilty 

6 under a specification laid under that charge, which 

7 sufficiently alleges a violation; or 

8 ‘‘(iii) increase the severity of the sentence un9 less the sentence prescribed for the offense is man10 datory. 

11 ‘‘(3) A rehearing may be ordered by the convening 

12 authority if the convening authority disapproves the find13 ings and sentence and states the reasons for disapproval 

14 of the findings. If the convening authority disapproves the 

15 finding and sentence and does not order a rehearing, the 

16 convening authority shall dismiss the charges. A rehearing 

17 as to the findings may not be ordered by the convening 

18 authority when there is a lack of sufficient evidence in the 

19 record to support the findings. A rehearing as to the sen20 tence may be ordered by the convening authority if the 

21 convening authority disapproves the sentence. 

22 ‘‘§ 950c. Appellate referral; waiver or withdrawal of 

23 appeal 

24 ‘‘(a) AUTOMATIC REFERRAL FOR APPELLATE RE25 VIEW.—Except as provided in subsection (b), in each case 
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1 in which the final decision of a military commission under 

2 this chapter (as approved by the convening authority) in3 cludes a finding of guilty, the convening authority shall 

4 refer the case to the United States Court of Appeals for 

5 the Armed Forces. Any such referral shall be made in ac6 cordance with procedures prescribed under regulations of 

7 the Secretary. 

8 ‘‘(b) WAIVER OF RIGHT OF REVIEW.—(1) Except in 

9 a case in which the sentence as approved under section 

10 950b of this title extends to death, an accused may file 

11 with the convening authority a statement expressly 

12 waiving the right of the accused to appellate review by 

13 the United States Court of Appeals for the Armed Forces 

14 under section 950f(a) of this title of the final decision of 

15 the military commission under this chapter. 

16 ‘‘(2) A waiver under paragraph (1) shall be signed 

17 by both the accused and a defense counsel. 

18 ‘‘(3) A waiver under paragraph (1) must be filed, if 

19 at all, within 10 days after notice of the action is served 

20 on the accused or on defense counsel under section 

21 950b(c)(4) of this title. The convening authority, for good 

22 cause, may extend the period for such filing by not more 

23 than 30 days. 

24 ‘‘(c) WITHDRAWAL OF APPEAL.—Except in a case in 

25 which the sentence as approved under section 950b of this 
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1 title extends to death, the accused may withdraw an ap2 peal at any time. 

3 ‘‘(d) EFFECT OF WAIVER OR WITHDRAWAL.—A 

4 waiver of the right to appellate review or the withdrawal 

5 of an appeal under this section bars review under section 

6 950f of this title. 

7 ‘‘§ 950d. Interlocutory appeals by the United States 

8 ‘‘(a) INTERLOCUTORY APPEAL.—Except as provided 

9 in subsection (b), in a trial by military commission under 

10 this chapter, the United States may take an interlocutory 

11 appeal to the United States Court of Appeals for the 

12 Armed Forces under section 950f of this title of any order 

13 or ruling of the military judge— 

14 ‘‘(1) that terminates proceedings of the military 

15 commission with respect to a charge or specification; 

16 ‘‘(2) that excludes evidence that is substantial 

17 proof of a fact material in the proceeding; 

18 ‘‘(3) that relates to a matter under subsection 

19 (c) or (d) of section 949d of this title; or 

20 ‘‘(4) that, with respect to classified informa21 tion— 

22 ‘‘(A) authorizes the disclosure of such in23 formation; 

24 ‘‘(B) imposes sanctions for nondisclosure 

25 of such information; or 
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1 ‘‘(C) refuses a protective order sought by 

2 the United States to prevent the disclosure of 

3 such information. 

4 ‘‘(b) LIMITATION.—The United States may not ap5 peal under subsection (a) an order or ruling that is, or 

6 amounts to, a finding of not guilty by the military commis7 sion with respect to a charge or specification. 

8 ‘‘(c) SCOPE OF APPEAL RIGHT WITH RESPECT TO

9 CLASSIFIED INFORMATION.—The United States has the 

10 right to appeal under paragraph (4) of subsection (a) 

11 whenever the military judge enters an order or ruling that 

12 would require the disclosure of classified information, 

13 without regard to whether the order or ruling appealed 

14 from was entered under this chapter, another provision of 

15 law, a rule, or otherwise. Any such appeal may embrace 

16 any preceding order, ruling, or reasoning constituting the 

17 basis of the order or ruling that would authorize such dis18 closure. 

19 ‘‘(d) TIMING AND ACTION ON INTERLOCUTORY AP20 PEALS RELATING TO CLASSIFIED INFORMATION.— 

21 ‘‘(1) APPEAL TO BE EXPEDITED.—An appeal 

22 taken pursuant to paragraph (4) of subsection (a) 

23 shall be expedited by the United States Court of Ap24 peals for the Armed Forces. 
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1 ‘‘(2) APPEALS BEFORE TRIAL.—If such an ap2 peal is taken before trial, the appeal shall be taken 

3 within 10 days after the order or ruling appealed 

4 from and the trial shall not commence until the ap5 peal is decided. 

6 ‘‘(3) APPEALS DURING TRIAL.—If such an ap7 peal is taken during trial, the military judge shall 

8 adjourn the trial until the appeal is decided, and the 

9 court of appeals— 

10 ‘‘(A) shall hear argument on such appeal 

11 within 4 days of the adjournment of the trial 

12 (excluding weekends and holidays); 

13 ‘‘(B) may dispense with written briefs 

14 other than the supporting materials previously 

15 submitted to the military judge; 

16 ‘‘(C) shall render its decision within four 

17 days of argument on appeal (excluding week18 ends and holidays); and 

19 ‘‘(D) may dispense with the issuance of a 

20 written opinion in rendering its decision. 

21 ‘‘(e) NOTICE AND TIMING OF OTHER APPEALS.— 

22 The United States shall take an appeal of an order or rul23 ing under subsection (a), other than an appeal under para24 graph (4) of that subsection, by filing a notice of appeal 
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1 with the military judge within 5 days after the date of 

2 the order or ruling. 

3 ‘‘(f) METHOD OF APPEAL.—An appeal under this 

4 section shall be forwarded, by means specified in regula5 tions prescribed by the Secretary of Defense, directly to 

6 the United States Court of Appeals for the Armed Forces. 

7 ‘‘(g) APPEALS COURT TO ACT ONLY WITH RESPECT

8 TO MATTER OF LAW.—In ruling on an appeal under para9 graph (1), (2), or (3) of subsection (a), the appeals court 

10 may act only with respect to matters of law. 

11 ‘‘(h) SUBSEQUENT APPEAL RIGHTS OF ACCUSED

12 NOT AFFECTED.—An appeal under paragraph (4) of sub13 section (a), and a decision on such appeal, shall not affect 

14 the right of the accused, in a subsequent appeal from a 

15 judgment of conviction, to claim as error reversal by the 

16 military judge on remand of a ruling appealed from during 

17 trial. 

18 ‘‘§ 950e. Rehearings 

19 ‘‘(a) COMPOSITION OF MILITARY COMMISSION FOR

20 REHEARING.—Each rehearing under this chapter shall 

21 take place before a military commission under this chapter 

22 composed of members who were not members of the mili23 tary commission which first heard the case. 

24 ‘‘(b) SCOPE OF REHEARING.—(1) Upon a rehear25 ing— 
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1 ‘‘(A) the accused may not be tried for any of2 fense of which he was found not guilty by the first 

3 military commission; and 

4 ‘‘(B) no sentence in excess of or more than the 

5 original sentence may be imposed unless— 

6 ‘‘(i) the sentence is based upon a finding 

7 of guilty of an offense not considered upon the 

8 merits in the original proceedings; or 

9 ‘‘(ii) the sentence prescribed for the of10 fense is mandatory. 

11 ‘‘(2) Upon a rehearing, if the sentence approved after 

12 the first military commission was in accordance with a 

13 pretrial agreement and the accused at the rehearing 

14 changes his plea with respect to the charges or specifica15 tions upon which the pretrial agreement was based, or oth16 erwise does not comply with pretrial agreement, the sen17 tence as to those charges or specifications may include any 

18 punishment not in excess of that lawfully adjudged at the 

19 first military commission. 

20 ‘‘§ 950f. Review by United States Court of Appeals for 

21 the Armed Forces and Supreme Court 

22 ‘‘(a) REVIEW BY UNITED STATES COURT OF AP23 PEALS FOR THE ARMED FORCES.—(1) Subject to the pro24 visions of this subsection, the United States Court of Ap25 peals for the Armed Forces shall have exclusive jurisdic-
527 

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1 tion to determine the final validity of any judgment ren2 dered by a military commission under this chapter. 

3 ‘‘(2) In any case referred to it pursuant to section 

4 950c(a) of this title, the United States Court of Appeals 

5 for the Armed Forces may act only with respect to the 

6 findings and sentence as approved by the convening au7 thority. It may affirm only such findings of guilty, and 

8 the sentence or such part or amount of the sentence, as 

9 it finds correct in law and fact and determines, on the 

10 basis of the entire record, should be approved. In consid11 ering the record, it may weigh the evidence, judge the 

12 credibility of witnesses, and determine controverted ques13 tions of fact, recognizing that the trial court saw and 

14 heard the witnesses. 

15 ‘‘(3) If the United States Court of Appeals for the 

16 Armed Forces sets aside the findings and sentence, it may, 

17 except where the setting aside is based on lack of sufficient 

18 evidence in the record to support the findings, order a re19 hearing. If it sets aside the findings and sentence and does 

20 not order a rehearing, it shall order that the charges be 

21 dismissed. 

22 ‘‘(b) REVIEW BY SUPREME COURT.—The Supreme 

23 Court of the United States may review by writ of certiorari 

24 pursuant to section 1257 of title 28 the final judgment 
528 

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1 of the United States Court of Appeals for the Armed 

2 Forces in a determination under subsection (a). 

3 ‘‘§ 950g. Appellate counsel 

4 ‘‘(a) APPOINTMENT.—The Secretary of Defense 

5 shall, by regulation, establish procedures for the appoint6 ment of appellate counsel for the United States and for 

7 the accused in military commissions under this chapter. 

8 Appellate counsel shall meet the qualifications of counsel 

9 for appearing before military commissions under this 

10 chapter. 

11 ‘‘(b) REPRESENTATION OF UNITED STATES.—Appel12 late counsel may represent the United States in any ap13 peal or review proceeding under this chapter. Appellate 

14 Government counsel may represent the United States be15 fore the Supreme Court in case arising under this chapter 

16 when requested to do so by the Attorney General. 

17 ‘‘(c) REPRESENTATION OF ACCUSED.—The accused 

18 shall be represented before the United States Court of Ap19 peals for the Armed Forces or the Supreme Court by mili20 tary appellate counsel, or by civilian counsel if retained 

21 by him. 

22 ‘‘§ 950h. Execution of sentence; suspension of sen23 tence 

24 ‘‘(a) EXECUTION OF SENTENCE OF DEATH ONLY

25 UPON APPROVAL BY THE PRESIDENT.—If the sentence 
529 

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1 of a military commission under this chapter extends to 

2 death, that part of the sentence providing for death may 

3 not be executed until approved by the President. In such 

4 a case, the President may commute, remit, or suspend the 

5 sentence, or any part thereof, as he sees fit. 

6 ‘‘(b) EXECUTION OF SENTENCE OF DEATH ONLY

7 UPON FINAL JUDGMENT OF LEGALITY OF PRO8 CEEDINGS.—(1) If the sentence of a military commission 

9 under this chapter extends to death, the sentence may not 

10 be executed until there is a final judgement as to the legal11 ity of the proceedings (and with respect to death, approval 

12 under subsection (a)). 

13 ‘‘(2) A judgement as to legality of proceedings is final 

14 for purposes of paragraph (1) when review is completed 

15 in accordance with the judgment of the United States 

16 Court of Appeals for the Armed Forces and (A) a petition 

17 for a writ of certiorari is not timely filed, (B) such a peti18 tion is denied by the Supreme Court, or (C) review is oth19 erwise completed in accordance with the judgment of the 

20 Supreme Court. 

21 ‘‘(c) SUSPENSION OF SENTENCE.—The Secretary of 

22 the Defense, or the convening authority acting on the case 

23 (if other than the Secretary), may suspend the execution 

24 of any sentence or part thereof in the case. 
530 

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1 ‘‘§ 950i. Finality of proceedings, findings, and sen2 tences 

3 ‘‘The appellate review of records of trial provided by 

4 this chapter, and the proceedings, findings, and sentences 

5 of military commissions as approved, reviewed, or affirmed 

6 as required by this chapter, are final and conclusive. Or7 ders publishing the proceedings of military commissions 

8 under this chapter are binding upon all departments, 

9 courts, agencies, and officers of the United States, subject 

10 only to action by the Secretary or the convening authority 

11 as provided in section 950h(c) of this title and the author12 ity of the President. 

13 ‘‘SUBCHAPTER VIII—PUNITIVE MATTERS 

14 ‘‘§ 950p. Definitions; construction of certain offenses; 

15 common circumstances 

16 ‘‘(a) DEFINITIONS.—In this subchapter: 

17 ‘‘(1) The term ‘military objective’ means com18 batants and those objects during an armed conflict 

19 which, by their nature, location, purpose, or use, ef20 fectively contribute to the war-fighting or war-sus21 taining capability of an opposing force and whose 

22 total or partial destruction, capture, or neutraliza23 tion would constitute a definite military advantage 

24 to the attacker under the circumstances at the time 

25 of an attack. 
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1 ‘‘(2) The term ‘protected person’ means any 

2 person entitled to protection under one or more of 

3 the Geneva Conventions, including civilians not tak4 ing an active part in hostilities, military personnel 

5 placed out of combat by sickness, wounds, or deten6 tion, and military medical or religious personnel. 

7 ‘‘(3) The term ‘protected property’ means any 

8 property specifically protected by the law of war, in9 cluding buildings dedicated to religion, education, 

10 art, science, or charitable purposes, historic monu11 ments, hospitals, and places where the sick and 

12 wounded are collected, but only if and to the extent 

13 such property is not being used for military purposes 

14 or is not otherwise a military objective. The term in15 cludes objects properly identified by one of the dis16 tinctive emblems of the Geneva Conventions, but 

17 does not include civilian property that is a military 

18 objective. 

19 ‘‘(b) CONSTRUCTION OF CERTAIN OFFENSES.—The 

20 intent required for offenses under paragraphs (1), (2), (3), 

21 (4), and (12) of section 950w of this title precludes their 

22 applicability with regard to collateral damage or to death, 

23 damage, or injury incident to a lawful attack. 

24 ‘‘(c) COMMON CIRCUMSTANCES.—An offense speci25 fied in this subchapter is triable by military commission 
532 

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1 under this chapter only if the offense is committed in the 

2 context of and associated with armed conflict. 

3 ‘‘(d) OFFENSES ENCOMPASSED UNDER LAW OF

4 WAR.—To the extent that the provisions of this sub5 chapter codify offenses that have traditionally been triable 

6 under the law of war or otherwise triable by military com7 mission, this subchapter does not preclude trial for of8 fenses that occurred before the date of the enactment of 

9 the National Defense Authorization Act for Fiscal Year 

10 2010. 

11 ‘‘§ 950q. Principals 

12 ‘‘Any person punishable under this chapter who— 

13 ‘‘(1) commits an offense punishable by this 

14 chapter, or aids, abets, counsels, commands, or pro15 cures its commission; 

16 ‘‘(2) causes an act to be done which if directly 

17 performed by him would be punishable by this chap18 ter; or 

19 ‘‘(3) is a superior commander who, with regard 

20 to acts punishable by this chapter, knew, had reason 

21 to know, or should have known, that a subordinate 

22 was about to commit such acts or had done so and 

23 who failed to take the necessary and reasonable 

24 measures to prevent such acts or to punish the per25 petrators thereof, 
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1 is a principal. 

2 ‘‘§ 950r. Accessory after the fact 

3 ‘‘Any person subject to this chapter who, knowing 

4 that an offense punishable by this chapter has been com5 mitted, receives, comforts, or assists the offender in order 

6 to hinder or prevent his apprehension, trial, or punishment 

7 shall be punished as a military commission under this 

8 chapter may direct. 

9 ‘‘§ 950s. Conviction of lesser offenses 

10 ‘‘An accused may be found guilty of an offense nec11 essarily included in the offense charged or of an attempt 

12 to commit either the offense charged or an attempt to 

13 commit either the offense charged or an offense nec14 essarily included therein. 

15 ‘‘§ 950t. Attempts 

16 ‘‘(a) IN GENERAL.—Any person subject to this chap17 ter who attempts to commit any offense punishable by this 

18 chapter shall be punished as a military commission under 

19 this chapter may direct. 

20 ‘‘(b) SCOPE OF OFFENSE.—An act, done with spe21 cific intent to commit an offense under this chapter, 

22 amounting to more than mere preparation and tending, 

23 even though failing, to effect its commission, is an attempt 

24 to commit that offense. 
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1 ‘‘(c) EFFECT OF CONSUMMATION.—Any person sub2 ject to this chapter may be convicted of an attempt to com3 mit an offense although it appears on the trial that the 

4 offense was consummated. 

5 ‘‘§ 950u. Conspiracy 

6 ‘‘Any person subject to this chapter who conspires to 

7 commit one or more substantive offenses triable by mili8 tary commission under this subchapter, and who know9 ingly does any overt act to effect the object of the con10 spiracy, shall be punished, if death results to one or more 

11 of the victims, by death or such other punishment as a 

12 military commission under this chapter may direct, and, 

13 if death does not result to any of the victims, by such pun14 ishment, other than death, as a military commission under 

15 this chapter may direct. 

16 ‘‘§ 950v. Solicitation 

17 ‘‘Any person subject to this chapter who solicits or 

18 advises another or others to commit one or more sub19 stantive offenses triable by military commission under this 

20 chapter shall, if the offense solicited or advised is at21 tempted or committed, be punished with the punishment 

22 provided for the commission of the offense, but, if the of23 fense solicited or advised is not committed or attempted, 

24 he shall be punished as a military commission under this 

25 chapter may direct. 
535 

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1 ‘‘§ 950w. Crimes triable by military commissions 

2 ‘‘The following offenses shall be triable by military 

3 commission under this chapter at any time without limita4 tion: 

5 ‘‘(1) MURDER OF PROTECTED PERSONS.—Any 

6 person subject to this chapter who intentionally kills 

7 one or more protected persons shall be punished by 

8 death or such other punishment as a military com9 mission under this chapter may direct. 

10 ‘‘(2) ATTACKING CIVILIANS.—Any person sub11 ject to this chapter who intentionally engages in an 

12 attack upon a civilian population as such, or indi13 vidual civilians not taking active part in hostilities, 

14 shall be punished, if death results to one or more of 

15 the victims, by death or such other punishment as 

16 a military commission under this chapter may direct, 

17 and, if death does not result to any of the victims, 

18 by such punishment, other than death, as a military 

19 commission under this chapter may direct. 

20 ‘‘(3) ATTACKING CIVILIAN OBJECTS.—Any per21 son subject to this chapter who intentionally engages 

22 in an attack upon a civilian object that is not a mili23 tary objective shall be punished as a military com24 mission under this chapter may direct. 

25 ‘‘(4) ATTACKING PROTECTED PROPERTY.—Any 

26 person subject to this chapter who intentionally en-
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1 gages in an attack upon protected property shall be 

2 punished as a military commission under this chap3 ter may direct. 

4 ‘‘(5) PILLAGING.—Any person subject to this 

5 chapter who intentionally and in the absence of mili6 tary necessity appropriates or seizes property for 

7 private or personal use, without the consent of a 

8 person with authority to permit such appropriation 

9 or seizure, shall be punished as a military commis10 sion under this chapter may direct. 

11 ‘‘(6) DENYING QUARTER.—Any person subject 

12 to this chapter who, with effective command or con13 trol over subordinate groups, declares, orders, or 

14 otherwise indicates to those groups that there shall 

15 be no survivors or surrender accepted, with the in16 tent to threaten an adversary or to conduct hos17 tilities such that there would be no survivors or sur18 render accepted, shall be punished as a military 

19 commission under this chapter may direct. 

20 ‘‘(7) TAKING HOSTAGES.—Any person subject 

21 to this chapter who, having knowingly seized or de22 tained one or more persons, threatens to kill, injure, 

23 or continue to detain such person or persons with 

24 the intent of compelling any nation, person other 

25 than the hostage, or group of persons to act or re-
537 

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1 frain from acting as an explicit or implicit condition 

2 for the safety or release of such person or persons, 

3 shall be punished, if death results to one or more of 

4 the victims, by death or such other punishment as 

5 a military commission under this chapter may direct, 

6 and, if death does not result to any of the victims, 

7 by such punishment, other than death, as a military 

8 commission under this chapter may direct. 

9 ‘‘(8) EMPLOYING POISON OR SIMILAR WEAP10 ONS.—Any person subject to this chapter who inten11 tionally, as a method of warfare, employs a sub12 stance or weapon that releases a substance that 

13 causes death or serious and lasting damage to health 

14 in the ordinary course of events, through its asphyx15 iating, bacteriological, or toxic properties, shall be 

16 punished, if death results to one or more of the vic17 tims, by death or such other punishment as a mili18 tary commission under this chapter may direct, and, 

19 if death does not result to any of the victims, by 

20 such punishment, other than death, as a military 

21 commission under this chapter may direct. 

22 ‘‘(9) USING PROTECTED PERSONS AS A

23 SHIELD.—Any person subject to this chapter who 

24 positions, or otherwise takes advantage of, a pro25 tected person with the intent to shield a military ob-
538 

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1 jective from attack. or to shield, favor, or impede 

2 military operations, shall be punished, if death re3 sults to one or more of the victims, by death or such 

4 other punishment as a military commission under 

5 this chapter may direct, and, if death does not result 

6 to any of the victims, by such punishment, other 

7 than death, as a military commission under this 

8 chapter may direct. 

9 ‘‘(10) USING PROTECTED PROPERTY AS A

10 SHIELD.—Any person subject to this chapter who 

11 positions, or otherwise takes advantage of the loca12 tion of, protected property with the intent to shield 

13 a military objective from attack, or to shield, favor, 

14 or impede military operations, shall be punished as 

15 a military commission under this chapter may direct. 

16 ‘‘(11) TORTURE.— 

17 ‘‘(A) OFFENSE.—Any person subject to 

18 this chapter who commits an act specifically in19 tended to inflict severe physical or mental pain 

20 or suffering (other than pain or suffering inci21 dental to lawful sanctions) upon another person 

22 within his custody or physical control for the 

23 purpose of obtaining information or a confes24 sion, punishment, intimidation, coercion, or any 

25 reason based on discrimination of any kind, 
539 

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1 shall be punished, if death results to one or 

2 more of the victims, by death or such other 

3 punishment as a military commission under this 

4 chapter may direct, and, if death does not re5 sult to any of the victims, by such punishment, 

6 other than death, as a military commission 

7 under this chapter may direct. 

8 ‘‘(B) SEVERE MENTAL PAIN OR SUF9 FERING DEFINED.—In this paragraph, the term 

10 ‘severe mental pain or suffering’ has the mean11 ing given that term in section 2340(2) of title 

12 18. 

13 ‘‘(12) CRUEL OR INHUMAN TREATMENT.—Any 

14 person subject to this chapter who subjects another 

15 person in their custody or under their physical con16 trol, regardless of nationality or physical location, to 

17 cruel or inhuman treatment that constitutes a grave 

18 breach of common Article 3 of the Geneva Conven19 tions shall be punished, if death results to the vic20 tim, by death or such other punishment as a mili21 tary commission under this chapter may direct, and, 

22 if death does not result to the victim, by such pun23 ishment, other than death, as a military commission 

24 under this chapter may direct. 
540 

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1 ‘‘(13) INTENTIONALLY CAUSING SERIOUS BOD2 ILY INJURY.— 

3 ‘‘(A) OFFENSE.—Any person subject to 

4 this chapter who intentionally causes serious 

5 bodily injury to one or more persons, including 

6 privileged belligerents, in violation of the law of 

7 war shall be punished, if death results to one or 

8 more of the victims, by death or such other 

9 punishment as a military commission under this 

10 chapter may direct, and, if death does not re11 sult to any of the victims, by such punishment, 

12 other than death, as a military commission 

13 under this chapter may direct. 

14 ‘‘(B) SERIOUS BODILY INJURY DEFINED.— 

15 In this paragraph, the term ‘serious bodily in16 jury’ means bodily injury which involves— 

17 ‘‘(i) a substantial risk of death; 

18 ‘‘(ii) extreme physical pain; 

19 ‘‘(iii) protracted and obvious dis20 figurement; or 

21 ‘‘(iv) protracted loss or impairment of 

22 the function of a bodily member, organ, or 

23 mental faculty. 

24 ‘‘(14) MUTILATING OR MAIMING.—Any person 

25 subject to this chapter who intentionally injures one 
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1 or more protected persons by disfiguring the person 

2 or persons by any mutilation of the person or per3 sons, or by permanently disabling any member, limb, 

4 or organ of the body of the person or persons, with5 out any legitimate medical or dental purpose, shall 

6 be punished, if death results to one or more of the 

7 victims, by death or such other punishment as a 

8 military commission under this chapter may direct, 

9 and, if death does not result to any of the victims, 

10 by such punishment, other than death, as a military 

11 commission under this chapter may direct. 

12 ‘‘(15) MURDER IN VIOLATION OF THE LAW OF

13 WAR.—Any person subject to this chapter who inten14 tionally kills one or more persons, including privi15 leged belligerents, in violation of the law of war shall 

16 be punished by death or such other punishment as 

17 a military commission under this chapter may direct. 

18 ‘‘(16) DESTRUCTION OF PROPERTY IN VIOLA19 TION OF THE LAW OF WAR.—Any person subject to 

20 this chapter who intentionally destroys property be21 longing to another person in violation of the law of 

22 war shall punished as a military commission under 

23 this chapter may direct. 

24 ‘‘(17) USING TREACHERY OR PERFIDY.—Any 

25 person subject to this chapter who, after inviting the 
542 

†S 1391 ES

1 confidence or belief of one or more persons that they 

2 were entitled to, or obliged to accord, protection 

3 under the law of war, intentionally makes use of 

4 that confidence or belief in killing, injuring, or cap5 turing such person or persons shall be punished, if 

6 death results to one or more of the victims, by death 

7 or such other punishment as a military commission 

8 under this chapter may direct, and, if death does not 

9 result to any of the victims, by such punishment, 

10 other than death, as a military commission under 

11 this chapter may direct. 

12 ‘‘(18) IMPROPERLY USING A FLAG OF TRUCE.— 

13 Any person subject to this chapter who uses a flag 

14 of truce to feign an intention to negotiate, sur15 render, or otherwise suspend hostilities when there is 

16 no such intention shall be punished as a military 

17 commission under this chapter may direct. 

18 ‘‘(19) IMPROPERLY USING A DISTINCTIVE EM19 BLEM.—Any person subject to this chapter who in20 tentionally uses a distinctive emblem recognized by 

21 the law of war for combatant purposes in a manner 

22 prohibited by the law of war shall be punished as a 

23 military commission under this chapter may direct. 

24 ‘‘(20) INTENTIONALLY MISTREATING A DEAD

25 BODY.—Any person subject to this chapter who in-
543 

†S 1391 ES

1 tentionally mistreats the body of a dead person, 

2 without justification by legitimate military necessary, 

3 shall be punished as a military commission under 

4 this chapter may direct. 

5 ‘‘(21) RAPE.—Any person subject to this chap6 ter who forcibly or with coercion or threat of force 

7 wrongfully invades the body of a person by pene8 trating, however slightly, the anal or genital opening 

9 of the victim with any part of the body of the ac10 cused, or with any foreign object, shall be punished 

11 as a military commission under this chapter may di12 rect. 

13 ‘‘(22) SEXUAL ASSAULT OR ABUSE.—Any per14 son subject to this chapter who forcibly or with coer15 cion or threat of force engages in sexual contact 

16 with one or more persons, or causes one or more 

17 persons to engage in sexual contact, shall be pun18 ished as a military commission under this chapter 

19 may direct 

20 ‘‘(23) HIJACKING OR HAZARDING A VESSEL OR

21 AIRCRAFT.—Any person subject to this chapter who 

22 intentionally seizes, exercises unauthorized control 

23 over, or endangers the safe navigation of a vessel or 

24 aircraft that is not a legitimate military objective 

25 shall be punished, if death results to one or more of 
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1 the victims, by death or such other punishment as 

2 a military commission under this chapter may direct, 

3 and, if death does not result to any of the victims, 

4 by such punishment, other than death, as a military 

5 commission under this chapter may direct. 

6 ‘‘(24) TERRORISM.—Any person subject to this 

7 chapter who intentionally kills or inflicts great bodily 

8 harm on one or more protected persons, or inten9 tionally engages in an act that evinces a wanton dis10 regard for human life, in a manner calculated to in11 fluence or affect the conduct of government or civil12 ian population by intimidation or coercion, or to re13 taliate against government conduct, shall be pun14 ished, if death results to one or more of the victims, 

15 by death or such other punishment as a military 

16 commission under this chapter may direct, and, if 

17 death does not result to any of the victims, by such 

18 punishment, other than death, as a military commis19 sion under this chapter may direct. 

20 ‘‘(25) PROVIDING MATERIAL SUPPORT FOR

21 TERRORISM.— 

22 ‘‘(A) OFFENSE.—Any person subject to 

23 this chapter who provides material support or 

24 resources, knowing or intending that they are to 

25 be used in preparation for, or in carrying out, 
545 

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1 an act of terrorism (as set forth in paragraph 

2 (23) of this section), or who intentionally pro3 vides material support or resources to an inter4 national terrorist organization engaged in hos5 tilities against the United States, knowing that 

6 such organization has engaged or engages in 

7 terrorism (as so set forth), shall be punished as 

8 a military commission under this chapter may 

9 direct. 

10 ‘‘(B) MATERIAL SUPPORT OR RESOURCES

11 DEFINED.—In this paragraph, the term ‘mate12 rial support or resources’ has the meaning 

13 given that term in section 2339A(b) of title 18. 

14 ‘‘(26) WRONGFULLY AIDING THE ENEMY.—Any 

15 person subject to this chapter who, in breach of an 

16 allegiance or duty to the United States, knowingly 

17 and intentionally aids an enemy of the United 

18 States, or one of the co-belligerents of the enemy, 

19 shall be punished as a military commission under 

20 this chapter may direct. 

21 ‘‘(27) SPYING.—Any person subject to this 

22 chapter who, in violation of the law of war and with 

23 intent or reason to believe that it is to be used to 

24 the injury of the United States or to the advantage 

25 of a foreign power, collects or attempts to collect in-
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1 formation by clandestine means or while acting 

2 under false pretenses, for the purpose of conveying 

3 such information to an enemy of the United States, 

4 or one of the co-belligerents of the enemy, shall be 

5 punished by death or such other punishment as a 

6 military commission under this chapter may direct. 

7 ‘‘(28) CONTEMPT.—A military commission 

8 under this chapter may punish for contempt any 

9 person who uses any menacing word, sign, or ges10 ture in its presence, or who disturbs its proceedings 

11 by any riot or disorder. 

12 ‘‘(29) PERJURY AND OBSTRUCTION OF JUS13 TICE.—A military commission under this chapter 

14 may try offenses and impose such punishment as the 

15 military commission may direct for perjury, false 

16 testimony, or obstruction of justice related to the 

17 military commission.’’. 

18 (b) CONFORMING AMENDMENT.—Paragraph (13) of 

19 section 802 of title 10, United States Code (article 2 of 

20 the Uniform Code of Military Justice), is amended to read 

21 as follows: 

22 ‘‘(13) Privileged belligerents (as that term is 

23 defined section 948a(3) of this title) who violate the 

24 law of war.’’. 

25 (c) PROCEEDINGS UNDER PRIOR STATUTE.— 
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1 (1) PRIOR CONVICTIONS.—The amendments 

2 made by subsection (a) shall have no effect on the 

3 validity of any conviction pursuant to chapter 47A 

4 of title 10, United States Code, as such chapter was 

5 in effect on the day before the date of the enactment 

6 of this Act. 

7 (2) COMPOSITION OF MILITARY COMMIS8 SIONS.—Notwithstanding the amendments made by 

9 subsection (a)— 

10 (A) any commission convened pursuant to 

11 chapter 47A of title 10, United States Code, as 

12 such chapter was in effect on the day before the 

13 date of the enactment of this Act, shall be 

14 deemed to have been convened pursuant to 

15 chapter 47A of title 10, United States Code, as 

16 amended by subsection (a); 

17 (B) any member of the Armed Forces de18 tailed to serve on a commission pursuant to 

19 chapter 47A of title 10, United States Code, as 

20 in effect on the day before the date of the en21 actment of this Act, shall be deemed to have 

22 been detailed pursuant to chapter 47A of title 

23 10, United States Code, as so amended; 

24 (C) any military judge detailed to a com25 mission pursuant to chapter 47A of title 10, 
548 

†S 1391 ES

1 United States Code, as in effect on the day be2 fore the date of the enactment of this Act, shall 

3 be deemed to have been detailed pursuant to 

4 chapter 47A of title 10, United States Code, as 

5 so amended; 

6 (D) any trial counsel or defense counsel 

7 detailed for a commission pursuant to chapter 

8 47A of title 10, United States Code, as in effect 

9 on the day before the date of the enactment of 

10 this Act, shall be deemed to have been detailed 

11 pursuant to chapter 47A of title 10, United 

12 States Code, as so amended; and 

13 (E) any court reporters detailed to or em14 ployed by a commission pursuant to chapter 

15 47A of title 10, United States Code, as in effect 

16 on the day before the date of the enactment of 

17 this Act, shall be deemed to have been detailed 

18 or employed pursuant to chapter 47A of title 

19 10, United States Code, as so amended. 

20 (3) CHARGES AND SPECIFICATIONS.—Notwith21 standing the amendments made by subsection (a)— 

22 (A) any charges or specifications sworn or 

23 referred pursuant to chapter 47A of title 10, 

24 United States Code, as such chapter was in ef25 fect on the day before the date of the enact-
549 

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1 ment of this Act, shall be deemed to have been 

2 sworn or referred pursuant to chapter 47A of 

3 title 10, United States Code, as amended by 

4 subsection (a); and 

5 (B) any charges or specifications described 

6 in subparagraph (A) may be amended, without 

7 prejudice, as needed to properly allege jurisdic8 tion under chapter 47A of title 10, United 

9 States Code, as so amended, and crimes triable 

10 under such chapter. 

11 (4) PROCEDURES AND REQUIREMENTS.—Ex12 cept as provided in paragraphs (1) through (3), any 

13 commission convened pursuant to chapter 47A of 

14 title 10, United States Code, as such chapter was in 

15 effect on the day before the date of the enactment 

16 of this Act, shall be conducted after the date of the 

17 enactment of this Act in accordance with the proce18 dures and requirements of chapter 47A of title 10, 

19 United States Code, as amended by subsection (a). 

20 (d) NOTICE TO CONGRESS.— 

21 (1) INITIAL RULES.—Not later than 90 days 

22 after the date of the enactment of this Act, the Sec23 retary of Defense shall submit to the Committees on 

24 Armed Services of the Senate and the House of Rep25 resentatives a report setting for the procedures for 
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1 military commissions prescribed under chapter 47A 

2 of title 10, United States Code, as amended by sub3 section (a). 

4 (2) CHANGES TO PROCEDURES.—Not later than 

5 60 days before the date on which any proposed 

6 modification of the regulations in effect for military 

7 commissions under Chapter 47A of title 10, United 

8 States Code, as so amended, goes into effect, the 

9 Secretary of Defense shall submit to the Committees 

10 on Armed Services of the Senate and the House of 

11 Representatives a report describing the modification. 

12 SEC. 1032. TRIAL BY MILITARY COMMISSION OF ALIEN 

13 UNPRIVILEGED BELLIGERENTS FOR VIOLA14 TIONS OF THE LAW OF WAR. 

15 (a) IN GENERAL.—Subchapter I of chapter 47A of 

16 title 10, United States Code, as amended by section 

17 1031(a), is further amended by adding at the end the fol18 lowing new section: 

19 ‘‘§ 948e. Trial by military commission of alien 

20 unprivileged belligerents for violations of 

21 the law of war 

22 ‘‘(a) SENSE OF CONGRESS.—It is the sense of Con23 gress that the preferred forum for the trial of alien 

24 unprivileged enemy belligerents subject to this chapter for 

25 violations of the law of war and other offenses made pun-
551 

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1 ishable by this chapter is trial by military commission 

2 under this chapter.’’ 

3 (b) CLERICAL AMENDMENT.—The table of sections 

4 of the beginning of such subchapter, as amended by sec5 tion 1031(a), is further amended by adding after the item 

6 relating to section 948d the following new item: 

‘‘948e. Trial by military commission of alien unprivileged belligerents for violations of the law of war.’’. 

7 SEC. 1033. NO MIRANDA WARNINGS FOR AL QAEDA TER8 RORISTS. 

9 (a) DEFINITIONS.—In this section— 

10 (1) the term ‘‘foreign national’’ means an indi11 vidual who is not a citizen or national of the United 

12 States; and 

13 (2) the term ‘‘enemy combatant’’ includes a 

14 privileged belligerent and an unprivileged enemy bel15 ligerent, as those terms are defined in section 948a 

16 of title 10, United States Code, as amended by sec17 tion 1031 of this Act. 

18 (b) NO MIRANDA WARNINGS.—Absent an 

19 unappealable court order requiring the reading of such 

20 statements, no military or intelligence agency or depart21 ment of the United States shall read to a foreign national 

22 who is captured or detained as an enemy combatant by 

23 the United States the statement required by Miranda v. 

24 Arizona, 384 U.S. 436 (1966), or otherwise inform such 
552 

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1 a prisoner of any rights that the prisoner may or may not 

2 have to counsel or to remain silent consistent with Mi3 randa v. Arizona, 384 U.S. 436 (1966). No Federal stat4 ute, regulation, or treaty shall be construed to require that 

5 a foreign national who is captured or detained as an 

6 enemy combatant by the United States be informed of any 

7 rights to counsel or remain silent consistent with Miranda 

8 v. Arizona, 384 U.S. 436 (1966) that the prisoner may 

9 or may not have, except as required by the United States 

10 Constitution. No statement that is made by a foreign na11 tional who is captured or detained as an enemy combatant 

12 by the United States may be excluded from any proceeding 

13 on the basis that the prisoner was not informed of a right 

14 to counsel or to remain silent, that the prisoner may or 

15 may not have, unless required by the United States Con16 stitution. 

17 (c) IN GENERAL.—This section shall not apply to the 

18 Department of Justice. 

19 Subtitle E—Medical Facility 

20 Matters 

21 SEC. 1041. SHORT TITLE. 

22 This subtitle may be cited as the ‘‘Captain James A. 

23 Lovell Federal Health Care Center Act of 2009’’. 
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1 SEC. 1042. EXECUTIVE AGREEMENT. 

2 (a) EXECUTIVE AGREEMENT REQUIRED.—Not later 

3 than 180 days after the date of the enactment of this Act, 

4 the Secretary of Defense, in consultation with the Sec5 retary of the Navy, and the Secretary of Veterans Affairs 

6 shall execute a signed executive agreement for the joint 

7 use by the Department of Defense and the Department 

8 of Veterans Affairs of the following: 

9 (1) A new Navy ambulatory care center (on 

10 which construction commenced in July 2008), park11 ing structure, and supporting structures and facili12 ties in North Chicago, Illinois, and Great Lakes, Illi13 nois. 

14 (2) Medical personal property and equipment 

15 relating to the center, structures, and facilities de16 scribed in paragraph (1). 

17 (b) SCOPE.—The agreement required by subsection 

18 (a) shall— 

19 (1) be a binding operational agreement on mat20 ters under the areas specified in section 706 of the 

21 Duncan Hunter National Defense Authorization Act 

22 for Fiscal Year 2009 (Public Law 110–417; 122 

23 Stat. 4500); and 

24 (2) contain additional terms and conditions as 

25 required by the provisions of this title. 
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1 SEC. 1043. TRANSFER OF PROPERTY. 

2 (a) TRANSFER.— 

3 (1) TRANSFER AUTHORIZED.—The Secretary of 

4 Defense, acting through the Administrator of Gen5 eral Services, may transfer, without reimbursement, 

6 to the Secretary of Veterans Affairs jurisdiction over 

7 the center, structures, facilities, and property and 

8 equipment covered by the executive agreement under 

9 section 1042. 

10 (2) DATE OF TRANSFER.—The transfer author11 ized by paragraph (1) may not occur before the ear12 lier of— 

13 (A) the date that is five years after the 

14 date of the execution under section 1042 of the 

15 executive agreement required by that section; or 

16 (B) the date of the completion of such spe17 cific benchmarks relating to the joint use by the 

18 Department of Defense and the Department of 

19 Veterans Affairs of the Navy ambulatory care 

20 center described in section 1042(a)(1) as the 

21 Secretary of Defense (in consultation with the 

22 Secretary of the Navy) and Secretary of the 

23 Department of Veterans Affairs shall jointly es24 tablish for purposes of this section not later 

25 than 180 days after the date of the enactment 

26 of this Act. 
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1 (3) DELAY OF TRANSFER FOR COMPLETION OF

2 CONSTRUCTION.—If construction on the center, 

3 structures, and facilities described in paragraph (1) 

4 is not complete as of the date specified in subpara5 graph (A) or (B) of that paragraph, as applicable, 

6 the transfer of the center, structures, and facilities 

7 under that paragraph may occur thereafter upon 

8 completion of the construction. 

9 (4) DISCHARGE OF TRANSFER.—The Adminis10 trator of General Services shall effectualize and me11 morialize the transfer as authorized by this sub12 section not later than 30 days after receipt of the re13 quest for the transfer. 

14 (5) DESIGNATION OF FACILITY.—The center, 

15 structures, facilities transferred under this sub16 section shall be designated and known after transfer 

17 under this subsection as the ‘‘Captain James A. 

18 Lovell Federal Health Care Center’’. 

19 (b) REVERSION.— 

20 (1) IN GENERAL.—If any of the real and re21 lated personal property transferred pursuant to sub22 section (a) is subsequently used for purposes other 

23 than those specified in the executive agreement re24 quired by section 1042, or is otherwise jointly deter25 mined by the Secretary of Defense and the Secretary 
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1 of Veterans Affairs to be excess to the needs of the 

2 Captain James A. Lovell Federal Health Care Cen3 ter, the Secretary of Veterans Affairs shall offer to 

4 transfer jurisdiction over such property, without re5 imbursement, to the Secretary of Defense. Any such 

6 transfer shall be carried out by the Administrator of 

7 General Services not later than one year after the 

8 acceptance of the offer of such transfer, plus such 

9 additional time as the Administrator may require to 

10 effectuate and memorialize such transfer. 

11 (2) REVERSION IN EVENT OF LACK OF FACILI12 TIES INTEGRATION.— 

13 (A) WITHIN INITIAL PERIOD.—During the 

14 five-year period beginning on the date of the 

15 transfer of real and related personal property 

16 pursuant to subsection (a), if the Secretary of 

17 Veterans Affairs, the Secretary of Defense, and 

18 the Secretary of Navy jointly determine that 

19 the integration of the facilities transferred pur20 suant to that subsection should not continue, 

21 jurisdiction over such real and related personal 

22 property shall be transferred, without reim23 bursement, to the Secretary of Defense. The 

24 transfer under this subparagraph shall be car25 ried out by the Administrator of General Serv-
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1 ices not later than 180 days after the date of 

2 the determination by the Secretaries, plus such 

3 additional time as the Administrator may re4 quire to effectuate and memorialize such trans5 fer. 

6 (B) AFTER INITIAL PERIOD.—After the 

7 end of the five-year period described in sub8 paragraph (A), if the Secretary of Veterans Af9 fairs or the Secretary of Defense determines 

10 that the integration of the facilities transferred 

11 pursuant to subsection (a) should not continue, 

12 the Secretary of Veterans Affairs shall transfer, 

13 without reimbursement, to the Secretary of De14 fense jurisdiction over the real and related per15 sonal property described in subparagraph (A). 

16 Any transfer under this subparagraph shall be 

17 carried out by the Administrator of General 

18 Services not later than one year after the date 

19 of the determination by the applicable Sec20 retary, plus such additional time as the Admin21 istrator may require to effectuate and memori22 alize such transfer. 

23 (C) REVERSION PROCEDURES.—The exec24 utive agreement required by section 1042 shall 

25 provide the following: 
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1 (i) Specific procedures for the rever2 sion of real and related personal property, 

3 as appropriate, transferred pursuant to 

4 subsection (a) to ensure the continuing ac5 complishment by the Department of De6 fense and the Department of Veterans Af7 fairs of their missions in the event that the 

8 integration of facilities described trans9 ferred pursuant to that subsection (a) is 

10 not completed or a reversion of property 

11 occurs under subparagraph (A) or (B). 

12 (ii) In the event of a reversion under 

13 this paragraph, the transfer from the De14 partment of Veterans Affairs to the De15 partment of Defense of associated func16 tions including appropriate resources, civil17 ian positions, and personnel, in a manner 

18 that will not result in adverse impact to 

19 the missions of Department of Defense or 

20 the Department of Veterans Affairs. 

21 SEC. 1044. TRANSFER OF CIVILIAN PERSONNEL OF THE DE22 PARTMENT OF DEFENSE. 

23 (a) TRANSFER OF FUNCTIONS.—The Secretary of 

24 Defense and the Secretary of the Navy may transfer to 

25 the Secretary of Veterans Affairs functions necessary for 
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1 the effective operation of the Captain James A. Lovell 

2 Federal Health Care Center. The Secretary of Veterans 

3 Affairs may accept any functions so transferred. 

4 (b) TERMS.— 

5 (1) EXECUTIVE AGREEMENT.—Any transfer of 

6 functions under subsection (a) shall be carried out 

7 as provided in the executive agreement required by 

8 section 1042. The functions to be so transferred 

9 shall be identified utilizing the provisions of section 

10 3503 of title 5, United States Code. 

11 (2) ELEMENTS.—In providing for the transfer 

12 of functions under subsection (a), the executive 

13 agreement required by section 1042 shall provide for 

14 the following: 

15 (A) The transfer of civilian employee posi16 tions of the Department of Defense identified in 

17 the executive agreement to the Department of 

18 Veterans Affairs, and of the incumbent civilian 

19 employees in such positions, and the transition 

20 of the employees so transferred to the pay, ben21 efits, and personnel systems that apply to em22 ployees of the Department of Veterans Affairs 

23 (to the extent that different systems apply). 

24 (B) The transition of employees so trans25 ferred to the pay systems of the Department of 
560 

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1 Veterans Affairs in a manner which will not re2 sult in any reduction in an employee’s regular 

3 rate of compensation (including basic pay, local4 ity pay, any physician comparability allowance, 

5 and any other fixed and recurring pay supple6 ment) at the time of transition. 

7 (C) The continuation after transfer of the 

8 same employment status for employees so 

9 transferred who have already successfully com10 pleted or are in the process of completing a 

11 one-year probationary period under title 5, 

12 United States Code, notwithstanding the provi13 sions of section 7403(b)(1) of title 38, United 

14 States Code. 

15 (D) The extension of collective bargaining 

16 rights under title 5, United States Code, to em17 ployees so transferred in positions listed in sub18 section 7421(b) of title 38, United States Code, 

19 notwithstanding the provisions of section 7422 

20 of title 38, United States Code, for a two-year 

21 period beginning on the effective date of the ex22 ecutive agreement. 

23 (E) At the end of the two-year period be24 ginning on the effective date of the executive 

25 agreement, for the following actions by the Sec-
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1 retary of Veterans Affairs with respect to the 

2 extension of collective bargaining rights under 

3 subparagraph (D): 

4 (i) Consideration of the impact of the 

5 extension of such rights. 

6 (ii) Consultation with exclusive em7 ployee representatives of the transferred 

8 employees about such impact. 

9 (iii) Determination, after consultation 

10 with the Secretary of Defense and the Sec11 retary of the Navy, whether the extension 

12 of such rights should be terminated, modi13 fied, or kept in effect. 

14 (iv) Submittal to Congress of a notice 

15 regarding the determination made under 

16 clause (iii). 

17 (F) The recognition after transfer of each 

18 transferred physician’s and dentist’s total num19 ber of years of service as a physician or dentist 

20 in the Department of Defense for purposes of 

21 calculating such employee’s rate of base pay, 

22 notwithstanding the provisions of section 

23 7431(b)(3) of title 38, United States Code. 

24 (G) The preservation of the seniority of the 

25 employees so transferred for all pay purposes. 
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1 (c) RETENTION OF DEPARTMENT OF DEFENSE EM2 PLOYMENT AUTHORITY.—Notwithstanding subsections 

3 (a) and (b), the Department of Defense may employ civil4 ian personnel at the Captain James Lovell Federal Health 

5 Care Center if the Secretary of the Navy, or a designee 

6 of the Secretary, determines it is necessary and appro7 priate to meet mission requirements of the Department 

8 of the Navy. 

9 SEC. 1045. JOINT FUNDING AUTHORITY FOR THE CAPTAIN 

10 JAMES A. LOVELL FEDERAL HEALTH CARE 

11 CENTER. 

12 (a) IN GENERAL.—The Department of Veterans Af13 fairs/Department of Defense Health-Care Resources Shar14 ing Committee under section 8111(b) of title 38, United 

15 States Code, may provide for the joint funding of the Cap16 tain James A. Lovell Federal Health Care Center in ac17 cordance with the provisions of this section. 

18 (b) HEALTH CARE CENTER FUND.— 

19 (1) ESTABLISHMENT.—There is established on 

20 the books of the Treasury under the Department of 

21 Veterans Affairs a fund to be known as the ‘‘Cap22 tain James A. Lovell Federal Health Care Center 

23 Fund’’ (in this section referred to as the ‘‘Fund’’). 

24 (2) ELEMENTS.—The Fund shall consist of the 

25 following: 
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1 (A) Amounts transferred to the Fund by 

2 the Secretary of Defense, in consultation with 

3 the Secretary of the Navy, from amounts au4 thorized to be appropriated for the Department 

5 of Defense. 

6 (B) Amounts transferred to the Fund by 

7 the Secretary of Veterans Affairs from amounts 

8 authorized to be appropriated for the Depart9 ment of Veterans Affairs. 

10 (C) Amounts transferred to the Fund from 

11 medical care collections under paragraph (4). 

12 (3) DETERMINATION OF AMOUNTS TRANS13 FERRED GENERALLY.—The amount transferred to 

14 the Fund by each of the Secretary of Defense and 

15 the Secretary of Veterans Affairs under subpara16 graphs (A) and (B), as applicable, of paragraph (2) 

17 each fiscal year shall be such amount, as determined 

18 by a methodology jointly established by the Sec19 retary of Defense and the Secretary of Veterans Af20 fairs for purposes of this subsection, that reflects the 

21 mission-specific activities, workload, and costs of 

22 provision of health care at the Captain James A. 

23 Lovell Federal Health Care Center of the Depart24 ment of Defense and the Department of Veterans 

25 Affairs, respectively. 
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1 (4) TRANSFERS FROM MEDICAL CARE COLLEC2 TIONS.— 

3 (A) IN GENERAL.—Amounts collected 

4 under the authorities specified in subparagraph 

5 (B) for health care provided at the Captain 

6 James A. Lovell Federal Health Care Center 

7 may be transferred to the Fund under para8 graph (2)(C). 

9 (B) AUTHORITIES.—The authorities speci10 fied in this subparagraph are the following: 

11 (i) Section 1095 of title 10, United 

12 States Code. 

13 (ii) Section 1729 of title 38, United 

14 States Code. 

15 (iii) Public Law 87–693, popularly 

16 known as the ‘‘Federal Medical Care Re17 covery Act’’ (42 U.S.C. 2651 et seq.). 

18 (5) ADMINISTRATION.—The Fund shall be ad19 ministered in accordance with such provisions of the 

20 executive agreement required by section 1042 as the 

21 Secretary of Defense and the Secretary of Veterans 

22 Affairs shall jointly include in the executive agree23 ment. Such provisions shall provide for an inde24 pendent review of the methodology established under 

25 paragraph (3). 
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1 (c) AVAILABILITY.— 

2 (1) IN GENERAL.—Funds transferred to the 

3 Fund under subsection (b) shall be available to fund 

4 the operations of the Captain James A. Lovell Fed5 eral Health Care Center, including capital equip6 ment, real property maintenance, and minor con7 struction projects that are not required to be specifi8 cally authorized by law under section 2805 of title 

9 10, United States Code, or section 8104 of title 38, 

10 United States Code. 

11 (2) LIMITATION.—The availability of funds 

12 transferred to the Fund under subsection (b)(2)(C) 

13 shall be subject to the provisions of section 1729A 

14 of title 38, United States Code. 

15 (3) PERIOD OF AVAILABILITY.— 

16 (A) IN GENERAL.—Except as provided in 

17 subparagraph (B), funds transferred to the 

18 Fund under subsection (b) shall be available 

19 under paragraph (1) for one fiscal year after 

20 transfer. 

21 (B) EXCEPTION.—Of an amount trans22 ferred to the Fund under subsection (b), an 

23 amount not to exceed two percent of such 

24 amount shall be available under paragraph (1) 

25 for two fiscal years after transfer. 
566 

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1 (d) FINANCIAL RECONCILIATION.—The executive 

2 agreement required by section 1042 shall provide for the 

3 development and implementation of an integrated finan4 cial reconciliation process that meets the fiscal reconcili5 ation requirements of the Department of Defense, the De6 partment of the Navy, and the Department of Veterans 

7 Affairs. The process shall permit each of the Department 

8 of Defense, the Department of Navy, and the Department 

9 of Veterans Affairs to identify their fiscal contributions 

10 to the Fund, taking into consideration accounting, work11 load, and financial management differences. 

12 (e) ANNUAL REPORT.—The Secretary of Defense, in 

13 consultation with the Secretary of the Navy, and the Sec14 retary of Veterans Affairs shall jointly provide for an an15 nual independent review of the Fund for at least three 

16 years after the date of the enactment of this Act. Such 

17 review shall include detailed statements of the uses of 

18 amounts of the Fund and an evaluation of the adequacy 

19 of the proportional share contributed to the Fund by each 

20 of the Secretary of Defense and the Secretary of Veterans 

21 Affairs. 

22 (f) TERMINATION.—The authorities in this section 

23 shall terminate on September 30, 2015. 
567 

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1 SEC. 1046. ELIGIBILITY OF MEMBERS OF THE UNIFORMED 

2 SERVICES FOR CARE AND SERVICES AT THE 

3 CAPTAIN JAMES A. LOVELL FEDERAL 

4 HEALTH CARE CENTER. 

5 (a) IN GENERAL.—For purposes of eligibility for 

6 health care under chapter 55 of title 10, United States 

7 Code, the Captain James A. Lovell Federal Health Care 

8 Center may be treated as a facility of the uniformed serv9 ices to the extent provided under subsection (b) in the ex10 ecutive agreement required by section 1042. 

11 (b) ADDITIONAL ELEMENTS.—The executive agree12 ment required by section 1042 may include provisions as 

13 follows: 

14 (1) To establish an integrated priority list for 

15 access to health care at the Captain James A. Lovell 

16 Federal Health Care Center, which list shall— 

17 (A) integrate the respective health care 

18 priority lists of the Secretary of Defense and 

19 the Secretary of Veterans Affairs; and 

20 (B) take into account categories of bene21 ficiaries, enrollment program status, and such 

22 other matters as the Secretary of Defense and 

23 the Secretary of Veterans Affairs jointly con24 sider appropriate. 

25 (2) To incorporate any resource-related limita26 tions for access to health care at the Captain James 
568 

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1 A. Lovell Federal Health Care Center that the Sec2 retary of Defense may establish for purposes of ad3 ministering space-available eligibility for care in fa4 cilities of the uniformed services under chapter 55 of 

5 title 10, United States Code. 

6 (3) To allocate financial responsibility for care 

7 provided at the Captain James A. Lovell Federal 

8 Health Care Center for individuals who are eligible 

9 for care under both chapter 55 of title 10, United 

10 States Code, and title 38, United States Code. 

11 (4) To waive the applicability to the Captain 

12 James A. Lovell Federal Health Care Center of any 

13 provision of section 8111(e) of title 38, United 

14 States Code, that the Secretary of Defense and the 

15 Secretary of Veterans Affairs shall jointly specify. 

16 SEC. 1047. EXTENSION OF DOD–VA HEALTH CARE SHARING 

17 INCENTIVE FUND. 

18 Section 8111(d)(3) of title 38, United States Code, 

19 is amended by striking ‘‘September 30, 2010’’ and insert20 ing ‘‘September 30, 2015’’. 
569 

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1 Subtitle F—Miscellaneous Require2 ments, Authorities, and Limita3 tions 

4 SEC. 1051. CONGRESSIONAL EARMARKS RELATING TO THE 

5 DEPARTMENT OF DEFENSE. 

6 (a) REPORT ON RECURRING EARMARKS.— 

7 (1) REPORT REQUIRED.—Not later than 180 

8 days after the date of the enactment of this Act, the 

9 Secretary of Defense shall submit to the congres10 sional defense committees a report setting forth a 

11 list of each congressional earmark that has been in12 cluded in a national defense authorization Act for 

13 three or more consecutive fiscal years as of the na14 tional defense authorization Act for fiscal year 2010. 

15 (2) ELEMENTS.—The report required by para16 graph (1) shall include the following: 

17 (A) A description of the extent to which 

18 competitive or merit-based procedures were 

19 used to award funding, or to enter into a con20 tract, grant, or other agreement, pursuant to 

21 each congressional earmark listed in the report. 

22 (B) An identification of the specific con23 tracting vehicle used for each such earmark. 

24 (C) In the case of any congressional ear25 mark listed in the report for which competitive 
570 

†S 1391 ES

1 or merit-based procedures were not used to 

2 award funding, or to enter the contract, grant, 

3 or other agreement, a statement of the reasons 

4 competitive or merit-based procedures were not 

5 used. 

6 (b) DOD INSPECTOR GENERAL AUDIT OF EAR7 MARKS.—The Inspector General of the Department of De8 fense shall conduct an audit of contracts, grants, or other 

9 agreements pursuant to congressional earmarks of De10 partment of Defense funds to determine whether or not 

11 the recipients of such earmarks are complying with re12 quirements of Federal law on the use of appropriated 

13 funds to influence, whether directly or indirectly, congres14 sional action on any legislation or appropriation matter 

15 pending before Congress. 

16 (c) DEFINITIONS.—In this section: 

17 (1) The term ‘‘congressional earmark’’ means 

18 any congressionally directed spending item (Senate) 

19 or congressional earmark (House of Representatives) 

20 on the list published in compliance with rule XLIV 

21 of the Standing Rules of the Senate or rule XXI of 

22 the Rules of the House of Representatives. 

23 (2) The term ‘‘national defense authorization 

24 Act’’ means an Act authorizing funds for a fiscal 
571 

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1 year for the military activities of the Department of 

2 Defense, and for other purposes. 

3 SEC. 1052. NATIONAL STRATEGIC FIVE-YEAR PLAN FOR IM4 PROVING THE NUCLEAR FORENSIC AND AT5 TRIBUTION CAPABILITIES OF THE UNITED 

6 STATES. 

7 (a) IN GENERAL.—The President, with the participa8 tion of the officials specified in subsection (c), shall de9 velop a national strategic plan for improving over a five10 year period the nuclear forensic and attribution capabili11 ties of the United States and the methods, capabilities, 

12 and capacity for nuclear materials forensics and attribu13 tion. 

14 (b) ELEMENTS.—The plan required under subsection 

15 (a) shall include the following: 

16 (1) An investment plan to support nuclear ma17 terials forensics and attribution. 

18 (2) Recommendations with respect to— 

19 (A) the allocation of roles and responsibil20 ities for pre-detonation, detonation, and post21 detonation activities; and 

22 (B) methods for the attribution of nuclear 

23 or radiological material to the source when such 

24 material is intercepted by the United States, 

25 foreign governments, or international bodies or 
572 

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1 is dispersed in the course of a terrorist attack 

2 or other nuclear or radiological explosion. 

3 (c) OFFICIALS.—The officials specified in this sub4 section are the following: 

5 (1) The Secretary of Homeland Security. 

6 (2) The Secretary of Defense. 

7 (3) The Secretary of Energy. 

8 (4) The Attorney General. 

9 (5) The Secretary of State. 

10 (6) The Director of National Intelligence. 

11 (7) Such other officials as the President con12 siders appropriate. 

13 (d) SUBMITTAL TO CONGRESS.—Not later than 180 

14 days after the date of the enactment of this Act, the Presi15 dent shall submit to Congress the plan required under 

16 subsection (a). 

17 SEC. 1053. ONE-YEAR EXTENSION OF AUTHORITY TO OFFER 

18 AND MAKE REWARDS FOR ASSISTANCE IN 

19 COMBATING TERRORISM THROUGH GOVERN20 MENT PERSONNEL OF ALLIED FORCES. 

21 Section 127b(c)(3)(C) of title 10, United States 

22 Code, is amended by striking ‘‘September, 30, 2009’’ and 

23 inserting ‘‘September, 30, 2010’’. 
573 

†S 1391 ES

1 SEC. 1054. BUSINESS PROCESS REENGINEERING. 

2 (a) NEW PROGRAMS.—Section 2222 of title 10, 

3 United States Code, is amended— 

4 (1) in subsection (a)— 

5 (A) by redesignating paragraphs (1) and 

6 (2) as paragraphs (2) and (3), respectively; 

7 (B) by inserting before paragraph (2), as 

8 redesignated by subparagraph (A) of this sub9 section, the following new paragraph (1): 

10 ‘‘(1) the appropriate chief management officer 

11 for the defense business system modernization has 

12 determined whether or not— 

13 ‘‘(A) the defense business system mod14 ernization is in compliance with the enterprise 

15 architecture developed under subsection (c); and 

16 ‘‘(B) appropriate business process re17 engineering efforts have been undertaken to en18 sure that— 

19 ‘‘(i) the business process to be sup20 ported by the defense business system 

21 modernization will be as streamlined and 

22 efficient as practicable; and 

23 ‘‘(ii) the need to tailor commercial-off24 the-shelf systems to meet unique require25 ments or incorporate unique interfaces has 
574 

†S 1391 ES

1 been eliminated or reduced to the max2 imum extent practicable;’’; 

3 (C) in paragraph (2), as redesignated by 

4 subparagraph (A) of this subsection, by striking 

5 subparagraph (A) and inserting the following 

6 new subparagraph (A): 

7 ‘‘(A) has been determined by the appro8 priate chief management officer to be in compli9 ance with the requirements of paragraph (1);’’; 

10 and 

11 (D) in paragraph (3), as redesignated by 

12 subparagraph (A) of this paragraph, by striking 

13 ‘‘the certification by the approval authority is’’ 

14 and inserting ‘‘the certification by the approval 

15 authority and the determination by the chief 

16 management officer are’’; and 

17 (2) in subsection (f)— 

18 (A) by redesignating paragraphs (1) 

19 through (5) as subparagraphs (A) through (E), 

20 respectively; 

21 (B) by inserting ‘‘(1)’’ before ‘‘The Sec22 retary of Defense’’; 

23 (C) in subparagraph (E) of paragraph (1), 

24 as designated by this paragraph, by striking 
575 

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1 ‘‘paragraphs (1) through (4)’’ and inserting 

2 ‘‘subparagraphs (A) through (D)’’; and 

3 (D) by adding at the end the following new 

4 paragraph (2): 

5 ‘‘(2) For purposes of subsection (a), the appropriate 

6 chief management officer for a defense business system 

7 modernization is as follows: 

8 ‘‘(A) In the case of an Army program, the Chief 

9 Management Officer of the Army. 

10 ‘‘(B) In the case of a Navy program, the Chief 

11 Management Officer of the Navy. 

12 ‘‘(C) In the case of an Air Force program, the 

13 Chief Management Officer of the Air Force. 

14 ‘‘(D) In the case of a program of a Defense 

15 Agency, the Deputy Chief Management Officer of 

16 the Department of Defense. 

17 ‘‘(E) In the case of a program that will support 

18 the business processes of more than one military de19 partment or Defense Agency, the Deputy Chief 

20 Management Officer of the Department of De21 fense.’’. 

22 (b) ONGOING PROGRAMS.— 

23 (1) IN GENERAL.—Not later than one year 

24 after the date of the enactment of this Act, the ap25 propriate chief management officer for each defense 
576 

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1 business system modernization approved by the De2 fense Business Systems Management Committee be3 fore the date of the enactment of this Act that will 

4 have a total cost in excess of $100,000,000 shall re5 view such defense business system modernization to 

6 determine whether or not appropriate business proc7 ess reengineering efforts have been undertaken to 

8 ensure that— 

9 (A) the business process to be supported 

10 by such defense business system modernization 

11 will be as streamlined and efficient as prac12 ticable; and 

13 (B) the need to tailor commercial-off-the14 shelf systems to meet unique requirements or 

15 incorporate unique interfaces has been elimi16 nated or reduced to the maximum extent prac17 ticable. 

18 (2) ACTION ON FINDING OF LACK OF RE19 ENGINEERING EFFORTS.—If the appropriate chief 

20 management officer determines that appropriate 

21 business process reengineering efforts have not been 

22 undertaken with regard to a defense business system 

23 modernization as described in paragraph (1), that 

24 chief management officer— 
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1 (A) shall develop a plan to undertake busi2 ness process reengineering efforts with respect 

3 to the defense business system modernization; 

4 and 

5 (B) may direct that the defense business 

6 system modernization be restructured or termi7 nated, if necessary to meet the requirements of 

8 paragraph (1). 

9 (3) DEFINITIONS.—In this subsection: 

10 (A) The term ‘‘appropriate chief manage11 ment officer’’, with respect to a defense busi12 ness system modernization, has the meaning 

13 given that term in paragraph (2) of subsection 

14 (f) of section 2222 of title 10, United States 

15 Code (as amended by subsection (a)(2) of this 

16 section). 

17 (B) The term ‘‘defense business system 

18 modernization’’ has the meaning given that 

19 term in subsection (j)(3) of section 2222 of title 

20 10, United States Code. 

21 SEC. 1055. RESPONSIBILITY FOR PREPARATION OF BIEN22 NIAL GLOBAL POSITIONING SYSTEM REPORT. 

23 (a) IN GENERAL.—Section 2281(d) of title 10, 

24 United States Code, is amended— 

25 (1) in paragraph (1)— 
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1 (A) by striking ‘‘the Secretary of Defense’’ 

2 and inserting ‘‘the Deputy Secretary of Defense 

3 and the Deputy Secretary of Transportation, in 

4 their capacity as co-chairs of the National Ex5 ecutive Committee for Space-Based Positioning, 

6 Navigation, and Timing,’’; and 

7 (B) by striking ‘‘the Committee on Armed 

8 Services of the Senate and the Committee on 

9 Armed Services of the House of Representa10 tives’’ and inserting ‘‘the Committees on Armed 

11 Services and Commerce, Science, and Transpor12 tation of the Senate and the Committees on 

13 Armed Services, Energy and Commerce, and 

14 Transportation and Infrastructure of the House 

15 of Representatives’’; and 

16 (2) by striking paragraph (2) and inserting the 

17 following new paragraph (2): 

18 ‘‘(2) In preparing each report required under para19 graph (1), the Deputy Secretary of Defense and the Dep20 uty Secretary of Transportation, in their capacity as co21 chairs of the National Executive Committee for Space22 Based Positioning, Navigation, and Timing, shall consult 

23 with the Secretary of Defense, the Secretary of State, the 

24 Secretary of Transportation, and the Secretary of Home25 land Security.’’. 
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1 (b) TECHNICAL AMENDMENTS.—Paragraph 

2 (1)(B)(ii) of such section is amended— 

3 (1) by inserting ‘‘validated’’ before ‘‘perform4 ance requirements’’; and 

5 (2) by inserting ‘‘in accordance with Office of 

6 Management and Budget Circular A–109’’ after 

7 ‘‘Plan’’. 

8 SEC. 1056. ADDITIONAL SUBPOENA AUTHORITY FOR THE 

9 INSPECTOR GENERAL OF THE DEPARTMENT 

10 OF DEFENSE. 

11 Section 8 of the Inspector General Act of 1978 (5 

12 U.S.C. App. 8) is amended by adding at the end the fol13 lowing new subsection: 

14 ‘‘(i)(1) The Inspector General of the Department of 

15 Defense is authorized to require by subpoena the attend16 ance and testimony of witnesses necessary to carry out 

17 an audit or investigation pursuant to the authorities of 

18 this Act. 

19 ‘‘(2) A subpoena issued under this subsection, in the 

20 case of contumacy or refusal to obey, shall be enforceable 

21 by order of any appropriate United States district court. 

22 ‘‘(3) The Inspector General shall consult with the At23 torney General before issuing any subpoena under this 

24 section, and shall not proceed with the issuance of such 

25 a subpoena if the Attorney General objects.’’. 
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1 SEC. 1057. REPORTS ON BANDWIDTH REQUIREMENTS FOR 

2 MAJOR DEFENSE ACQUISITION PROGRAMS 

3 AND MAJOR SYSTEM ACQUISITION PRO4 GRAMS. 

5 Section 1047(d) of the Duncan Hunter National De6 fense Authorization Act for Fiscal Year 2009 (Public Law 

7 110–417; 122 Stat. 4603; 10 U.S.C. 2366b note) is 

8 amended— 

9 (1) by redesignating paragraphs (1) and (2) as 

10 subparagraphs (A) and (B), respectively, and by in11 denting such subparagraphs, as so redesignated, 

12 four ems from the left margin; 

13 (2) by striking ‘‘The Secretary’’ and inserting 

14 the following: 

15 ‘‘(1) IN GENERAL.—The Secretary’’; and 

16 (3) by adding at the end the following: 

17 ‘‘(2) REPORTS.—Not later than January 1 each 

18 year, the Secretary of Defense and the Director of 

19 National Intelligence shall each submit to the con20 gressional defense committees, the Select Committee 

21 on Intelligence of the Senate, and the Permanent 

22 Select Committee on Intelligence of the House of 

23 Representatives a report on any determinations 

24 made under paragraph (1) with respect to meeting 

25 the bandwidth requirements for major defense acqui-
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1 sition programs and major system acquisition pro2 grams during the preceding fiscal year.’’. 

3 SEC. 1058. MULTIYEAR CONTRACTS UNDER PILOT PRO4 GRAM ON COMMERCIAL FEE-FOR-SERVICE 

5 AIR REFUELING SUPPORT FOR THE AIR 

6 FORCE. 

7 (a) MULTIYEAR CONTRACTS AUTHORIZED.—The 

8 Secretary of the Air Force may enter into one or more 

9 multiyear contracts, beginning with the fiscal year 2011 

10 program year, for purposes of conducting the pilot pro11 gram on utilizing commercial fee-for-service air refueling 

12 tanker aircraft for Air Force operations required by sec13 tion 1081 of the National Defense Authorization Act for 

14 Fiscal Year 2008 (Public Law 110–181; 122 Stat. 335). 

15 (b) COMPLIANCE WITH LAW APPLICABLE TO

16 MULTIYEAR CONTRACTS.—Any contract entered into 

17 under subsection (a) shall be entered into in accordance 

18 with the provisions of section 2306c of title 10, United 

19 States Code, except that— 

20 (1) the term of the contract may not be more 

21 than 8 years; 

22 (2) notwithstanding subsection 2306c(b) of title 

23 10, United States Code, the authority under sub24 section 2306c(a) of title 10, United States Code, 
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1 shall apply to the fee-for-service air refueling pilot 

2 program; 

3 (3) the contract may contain a clause setting 

4 forth a cancellation ceiling in excess of 

5 $100,000,000; and 

6 (4) the contract may provide for an unfunded 

7 contingent liability in excess of $20,000,000. 

8 (c) COMPLIANCE WITH LAW APPLICABLE TO SERV9 ICE CONTRACTS.—A contract entered into under sub10 section (a) shall be entered into in accordance with the 

11 provisions of section 2401 of title 10, United States Code, 

12 except that— 

13 (1) the Secretary shall not be required to cer14 tify to the congressional defense committees that the 

15 contract is the most cost-effective means of obtain16 ing commercial fee-for-service air refueling tanker 

17 aircraft for Air Force operations; and 

18 (2) the Secretary shall not be required to cer19 tify to the congressional defense committees that 

20 there is no alternative for meeting urgent oper21 ational requirements other than making the con22 tract. 

23 (d) LIMITATION ON AMOUNT.—The amount of a con24 tract under subsection (a) may not exceed $999,999,999. 
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1 (e) PROVISION OF GOVERNMENT INSURANCE.—A 

2 commercial air operator contracting with the Department 

3 of Defense under the pilot program referred to in sub4 section (a) shall be eligible to receive government provided 

5 insurance pursuant to chapter 443 of title 49, United 

6 States Code, if commercial insurance is unavailable on 

7 reasonable terms and conditions. 

8 SEC. 1059. ADDITIONAL DUTY FOR ADVISORY PANEL ON 

9 DEPARTMENT OF DEFENSE CAPABILITIES 

10 FOR SUPPORT OF CIVIL AUTHORITIES AFTER 

11 CERTAIN INCIDENTS. 

12 Section 1082(d) of the National Defense Authoriza13 tion Act for Fiscal Year 2008 (Public Law 110–181; 122 

14 Stat. 337) is amended by— 

15 (1) redesignating paragraphs (7) and (8) as 

16 paragraphs (9) and (10), respectively; 

17 (2) in paragraph (4), by striking ‘‘other depart18 ment’’ and inserting ‘‘other departments’’; and 

19 (3) by inserting after paragraph (6) the fol20 lowing new paragraphs: 

21 ‘‘(7) assess the adequacy of the process and 

22 methodology by which the Department of Defense 

23 establishes, maintains, and resources dedicated, spe24 cial, and general purpose forces for conducting oper25 ations described in paragraph (1); 
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1 ‘‘(8) assess the adequacy of the resources 

2 planned and programmed by the Department of De3 fense to ensure the preparedness and capability of 

4 dedicated, special, and general purpose forces for 

5 conducting operations described in paragraph (1);’’. 

6 Subtitle G—Reports 

7 SEC. 1071. NATIONAL INTELLIGENCE ESTIMATE ON NU8 CLEAR ASPIRATIONS OF NON-STATE ENTI9 TIES AND NUCLEAR WEAPONS AND RELATED 

10 PROGRAMS IN NON-NUCLEAR-WEAPONS 

11 STATES AND COUNTRIES NOT PARTIES TO 

12 THE NUCLEAR NON-PROLIFERATION TREATY. 

13 (a) IN GENERAL.—The Director of National Intel14 ligence shall prepare a national intelligence estimate 

15 (NIE) on the following: 

16 (1) The nuclear weapons programs and any re17 lated programs of countries that are non-nuclear18 weapons state parties to the Treaty on Non-Pro19 liferation of Nuclear Weapons, done at Washington, 

20 London, and Moscow July 1, 1968, and entered into 

21 force March 5, 1970 (commonly known as the ‘‘Nu22 clear Non-Proliferation Treaty’’) and countries that 

23 are not parties to the Treaty. 
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1 (2) The nuclear weapons aspirations of such 

2 non-state entities as the Director considers appro3 priate to include in the estimate. 

4 (b) ELEMENTS.—The national intelligence estimate 

5 required under subsection (a) shall include, with respect 

6 to each country described in subsection (a)(1) and each 

7 non-state entity referred to in subsection (a)(2), the fol8 lowing: 

9 (1) A statement of the number of nuclear weap10 ons possessed by such country or non-state entity. 

11 (2) An estimate of the total number of nuclear 

12 weapons that such country or non-state entity seeks 

13 to obtain and, in the case of such non-state entity, 

14 an assessment of the extent to which such non-state 

15 entity is seeking to develop a nuclear weapon or de16 vice or radiological dispersion device. 

17 (3) A description of the technical characteristics 

18 of any nuclear weapons possessed by such country or 

19 non-state entity. 

20 (4) A description of nuclear weapons designs 

21 available to such country or non-state entity. 

22 (5) A description of any sources of assistance 

23 with respect to nuclear weapons design provided to 

24 such country or non-state entity. 
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1 (6) An assessment of the annual capability of 

2 such country and non-state entity to produce new or 

3 newly designed nuclear weapons. 

4 (7) A description of the type of fissile materials 

5 used in any nuclear weapons possessed by such 

6 country or non-state entity. 

7 (8) An description of the location and produc8 tion capability of any fissile materials production fa9 cilities in such country or controlled by such non10 state entity, the current status of any such facilities, 

11 and any plans by such country or non-state entity to 

12 develop such facilities. 

13 (9) An identification of the source of any fissile 

14 materials used by such country or non-state entity, 

15 if such materials are not produced in facilities re16 ferred to in paragraph (8). 

17 (10) A description of any delivery systems avail18 able to such country or non-state entity and an as19 sessment of whether nuclear warheads have been 

20 mated to any such delivery system. 

21 (11) An assessment of the physical security of 

22 the storage facilities for nuclear weapons in such 

23 country or controlled by such non-state entity. 

24 (12) An assessment of whether such country or 

25 non-state entity is modernizing or otherwise improv-
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1 ing the safety, security, and reliability of the nuclear 

2 weapons stockpile of such country or non-state enti3 ty. 

4 (13) In the case of a country, an assessment of 

5 the policy of such country on the employment and 

6 use of nuclear weapons. 

7 (c) SUBMITTAL TO CONGRESS.— 

8 (1) IN GENERAL.—Except as provided in para9 graph (2), the Director of National Intelligence shall 

10 submit to the congressional defense committees, the 

11 Select Committee on Intelligence of the Senate, and 

12 the Permanent Select Committee on Intelligence of 

13 the House of Representatives the national intel14 ligence estimate required under subsection (a) by 

15 not later than September 1, 2010. 

16 (2) NOTIFICATION OF DELAY IN SUBMITTAL.— 

17 If the Director of National Intelligence determines 

18 that it will not be possible for the Director to submit 

19 the national intelligence estimate by September 1, 

20 2010, the Director shall, not later than August 1, 

21 2010, submit to the committees specified in para22 graph (1) a notice— 

23 (A) that the national intelligence estimate 

24 will not be submitted by September 1, 2010; 

25 and 
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1 (B) setting forth the date by which the Di2 rector will submit the national intelligence esti3 mate. 

4 SEC. 1072. COMPTROLLER GENERAL OF THE UNITED 

5 STATES ASSESSMENT OF MILITARY WHISTLE6 BLOWER PROTECTIONS. 

7 (a) REVIEW.—The Comptroller General of the United 

8 States shall conduct a review of military whistleblower 

9 protections afforded to members of the Armed Services by 

10 the Department of Defense. The review shall include an 

11 analysis of the following: 

12 (1) A sample of military whistleblower cases at 

13 the Office of the Inspector General of the Depart14 ment of Defense, as well as one or more Offices of 

15 the Inspector General of a military department (as 

16 selected by the Comptroller General for the purposes 

17 of this section). 

18 (2) Department-wide efforts to educate and in19 form members of the Armed Forces about the pro20 tections provided to them under section 1034 of title 

21 10, United States Code. 

22 (3) A sample of military whistleblower reprisal 

23 appeals (as selected by the Comptroller General for 

24 the purposes of this section) heard by the Boards for 

25 the Correction of Military Records referred to in sec-
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1 tion 1552 of title 10, United States Code, of each 

2 military department. 

3 (b) REPORT.—Not later than December 1, 2009, the 

4 Comptroller General shall submit a report on the review 

5 and analysis conducted under subsection (a) to the Chair6 man and Ranking Minority Member of each of the fol7 lowing: 

8 (1) The Committees on Armed Services, Home9 land Security and Governmental Affairs, and the Ju10 diciary of the Senate. 

11 (2) The Committees on Armed Services, Home12 land Security, and the Judiciary of the House of 

13 Representatives. 

14 SEC. 1073. REPORT ON RE-DETERMINATION PROCESS FOR 

15 PERMANENTLY INCAPACITATED DEPEND16 ENTS OF RETIRED AND DECEASED MEMBERS 

17 OF THE ARMED FORCES. 

18 Not later than 180 days after the date of the enact19 ment of this Act, the Secretary of Defense shall submit 

20 to Congress a report on the re-determination process of 

21 the Department of Defense used to determine the eligi22 bility of permanently incapacitated dependents of retired 

23 and deceased members of the Armed Forces for benefits 

24 provided under laws administered by the Secretary. The 

25 report shall include the following: 
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1 (1) An assessment of the re-determination proc2 ess, including the following: 

3 (A) The rationale for requiring a quadren4 nial recertification of financial support after 

5 issuance of a permanent identification card to a 

6 permanently incapacitated dependent. 

7 (B) The administrative and other burdens 

8 the quadrennial recertification imposes on the 

9 affected sponsor and dependents, especially 

10 after the sponsor becomes ill, incapacitated, or 

11 deceased. 

12 (C) The extent to which the quadrennial 

13 recertification undermines the utility of issuing 

14 a permanent identification card. 

15 (D) The extent of the consequences en16 tailed in eliminating the requirement for quad17 rennial recertification. 

18 (2) Specific recommendations for the following: 

19 (A) Improving the efficiency of the recer20 tification process. 

21 (B) Minimizing the burden of such process 

22 on the sponsors of such dependents. 

23 (C) Eliminating the requirement for quad24 rennial recertification. 
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1 SEC. 1074. COMPTROLLER GENERAL REVIEW OF SPENDING 

2 IN THE FINAL QUARTER OF FISCAL YEAR 2009 

3 BY THE DEPARTMENT OF DEFENSE. 

4 (a) REVIEW OF SPENDING BY THE COMPTROLLER

5 GENERAL.—The Comptroller General of the United 

6 States shall conduct a review of the obligations and ex7 penditures of the Department of Defense in the final quar8 ter of fiscal year 2009, as compared to the obligations and 

9 expenditures of the Department in the first three quarters 

10 of that fiscal year, to determine if policies with respect 

11 to spending by the Department contribute to hastened 

12 year-end spending and poor use or waste of taxpayer dol13 lars. 

14 (b) REPORT.—Not later than the earlier of March 30, 

15 2010, or the date that is 180 days after the date of the 

16 enactment of this Act, the Comptroller General shall sub17 mit to Congress a report containing— 

18 (1) the results of the review conducted under 

19 subsection (a); and 

20 (2) any recommendations of the Comptroller 

21 General with respect to improving the policies pursu22 ant to which amounts appropriated to the Depart23 ment of Defense are obligated and expended in the 

24 final quarter of the fiscal year. 

25 SEC. 1075. REPORT ON AIR AMERICA. 

26 (a) DEFINITIONS.—In this section: 
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1 (1) AIR AMERICA.—The term ‘‘Air America’’ 

2 means Air America, Incorporated. 

3 (2) ASSOCIATED COMPANY.—The term ‘‘associ4 ated company’’ means any entity associated with, 

5 predecessor to, or subsidiary to Air America, includ6 ing Air Asia Company Limited, CAT Incorporated, 

7 Civil Air Transport Company Limited, and the Pa8 cific Division of Southern Air Transport during the 

9 period when such an entity was owned and con10 trolled by the United States Government. 

11 (b) REPORT ON RETIREMENT BENEFITS FOR

12 FORMER EMPLOYEES OF AIR AMERICA.— 

13 (1) IN GENERAL.—Not later than 180 days 

14 after the date of the enactment of this Act, the Di15 rector of National Intelligence shall submit to Con16 gress a report on the advisability of providing Fed17 eral retirement benefits to United States citizens for 

18 the service of such citizens prior to 1977 as employ19 ees of Air America or an associated company during 

20 a period when Air America or the associated com21 pany was owned or controlled by the United States 

22 Government and operated or managed by the Cen23 tral Intelligence Agency. 

24 (2) REPORT ELEMENTS.—The report required 

25 by paragraph (1) shall include the following: 
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1 (A) The history of Air America and the as2 sociated companies prior to 1977, including a 

3 description of— 

4 (i) the relationship between Air Amer5 ican and the associated companies and the 

6 Central Intelligence Agency or any other 

7 element of the United States Government; 

8 (ii) the workforce of Air America and 

9 the associated companies; 

10 (iii) the missions performed by Air 

11 America, the associated companies, and 

12 their employees for the United States; and 

13 (iv) the casualties suffered by employ14 ees of Air America and the associated com15 panies in the course of their employment. 

16 (B) A description of— 

17 (i) the retirement benefits contracted 

18 for or promised to the employees of Air 

19 America and the associated companies 

20 prior to 1977; 

21 (ii) the contributions made by such 

22 employees for such benefits; 

23 (iii) the retirement benefits actually 

24 paid such employees; 
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1 (iv) the entitlement of such employees 

2 to the payment of future retirement bene3 fits; and 

4 (v) the likelihood that such employees 

5 will receive any future retirement benefits. 

6 (C) An assessment of the difference be7 tween— 

8 (i) the retirement benefits that former 

9 employees of Air America and the associ10 ated companies have received or will re11 ceive by virtue of their employment with 

12 Air America and the associated companies; 

13 and 

14 (ii) the retirement benefits that such 

15 employees would have received or be eligi16 ble to receive if such employment was 

17 deemed to be employment by the United 

18 States Government and their service dur19 ing such employment was credited as Fed20 eral service for the purpose of Federal re21 tirement benefits. 

22 (D)(i) Any recommendations regarding the 

23 advisability of legislative action to treat such 

24 employment as Federal service for the purpose 

25 of Federal retirement benefits in light of the re-
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1 lationship between Air America and the associ2 ated companies and the United States Govern3 ment and the services and sacrifices of such 

4 employees to and for the United States. 

5 (ii) If legislative action is considered advis6 able under clause (i), a proposal for such action 

7 and an assessment of its costs. 

8 (E) The opinions of the Director of the 

9 Central Intelligence Agency, if any, on any mat10 ters covered by the report that the Director of 

11 the Central Intelligence Agency considers ap12 propriate. 

13 (3) ASSISTANCE OF COMPTROLLER GENERAL.— 

14 The Comptroller General of the United States shall, 

15 upon the request of the Director of National Intel16 ligence and in a manner consistent with the protec17 tion of classified information, assist the Director in 

18 the preparation of the report required by paragraph 

19 (1). 

20 (4) FORM.—The report required by paragraph 

21 (1) shall be submitted in unclassified form, but may 

22 include a classified annex. 
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1 SEC. 1076. REPORT ON CRITERIA FOR SELECTION OF STRA2 TEGIC EMBARKATION PORTS AND SHIP 

3 LAYBERTHING LOCATIONS. 

4 (a) REPORT REQUIRED.—Not later than 180 days 

5 after the date of the enactment of this Act, the Com6 mander of the United States Transportation Command 

7 shall submit to the congressional defense committees a re8 port with criteria for the selection of strategic embarkation 

9 ports and ship layberth locations. 

10 (b) DEVELOPMENT OF CRITERIA.—The criteria in11 cluded in the report required under subsection (a) shall— 

12 (1) prioritize the facilitation of strategic deploy13 ment and reduction of combatant commander force 

14 closure timelines; 

15 (2) take into account— 

16 (A) time required to crew, activate, and 

17 sail sealift vessels to embarkation ports; 

18 (B) distance and travel times for the forces 

19 from assigned installation to embarkation ports; 

20 (C) availability of adequate infrastructure 

21 to transport forces from assigned installation to 

22 embarkation ports; and 

23 (D) time required to move forces from em24 barkation ports to likely areas of force deploy25 ment around the world; and 
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1 (3) inform the selection of strategic embar2 kation ports and the procurement of ship 

3 layberthing services. 

4 SEC. 1077. REPORT ON DEFENSE TRAVEL SIMPLIFICATION. 

5 (a) REPORT REQUIRED.—Not later than 180 days 

6 after the date of the enactment of this Act, the Secretary 

7 of Defense shall submit to the Committees on Armed Serv8 ices of the Senate and the House of Representatives a re9 port setting forth a comprehensive plan to simplify defense 

10 travel. 

11 (b) ELEMENTS.—The report required under sub12 section (a) shall include the following: 

13 (1) A comprehensive discussion of aspects of 

14 the Department of Defense travel system that are 

15 most confusing, inefficient, and in need of revision. 

16 (2) Critical review of opportunities to stream17 line and simplify defense travel policies and to re18 duce travel-related costs to the Department of De19 fense. 

20 (3) Options to leverage industry capabilities 

21 that could enhance management responsiveness to 

22 changing markets. 

23 (4) A discussion of pilot programs that could be 

24 undertaken to prove the merit of improvements iden25 tified in accomplishing actions specified in para-
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1 graphs (1) and (2), including recommendations for 

2 legislative authority. 

3 (5) Such recommendations and an implementa4 tion plan for legislative or administrative action as 

5 the Secretary of Defense considers appropriate to 

6 improve defense travel. 

7 SEC. 1078. REPORT ON MODELING AND SIMULATION AC8 TIVITIES OF UNITED STATES JOINT FORCES 

9 COMMAND. 

10 (a) REPORT REQUIRED.—Not later than 180 days 

11 after the date of the enactment of this Act, the Secretary 

12 of Defense, working through the Director for Defense Re13 search and Engineering, the Assistant Secretary of De14 fense for Manufacturing and Industrial Base, and the 

15 Commander of the United States Joint Forces Command, 

16 shall submit to the congressional defense committees a re17 port that describes current and planned efforts to support 

18 and enhance the defense modeling and simulation techno19 logical and industrial base, including in academia, indus20 try, and government. 

21 (b) ELEMENTS.—The report required under sub22 section (a) shall include the following: 

23 (1) An assessment of the current and future do24 mestic defense modeling and simulation techno-
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1 logical and industrial base and its ability to meet 

2 current and future defense requirements. 

3 (2) A description of current and planned pro4 grams and activities of the Department of Defense 

5 to enhance the ability of the domestic defense mod6 eling and simulation industrial base to meet current 

7 and future defense requirements. 

8 (3) A description of current and planned De9 partment of Defense activities in cooperation with 

10 Federal, State, and local government organizations 

11 that promote the enhancement of the ability of the 

12 domestic defense modeling and simulation industrial 

13 base to meet current and future defense require14 ments. 

15 (4) A comparative assessment of current and 

16 future global modeling and simulation capabilities 

17 relative to those of the United States in areas re18 lated to defense applications of modeling and simula19 tion. 

20 (5) An identification of additional authorities or 

21 resources related to technology transfer, establish22 ment of public-private partnerships, coordination 

23 with regional, State, or local initiatives, or other ac24 tivities that would be required to enhance efforts to 
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1 support the domestic defense modeling and simula2 tion industrial base. 

3 (6) Other matters as determined appropriate by 

4 the Secretary. 

5 SEC. 1079. REPORT ON ENABLING CAPABILITIES FOR SPE6 CIAL OPERATIONS FORCES. 

7 (a) REPORT REQUIRED.—Not later than 270 days 

8 after the date of the enactment of this Act, the Com9 mander of the United States Special Operations Com10 mand, jointly with the commanders of the combatant com11 mands and the chiefs of the services, shall submit to the 

12 Secretary of Defense and the Chairman of the Joint 

13 Chiefs of Staff a report on the availability of enabling ca14 pabilities to support special operations forces require15 ments. 

16 (b) MATTERS TO BE INCLUDED.—The report re17 quired under subsection (a) shall include the following: 

18 (1) An identification of the requirements for en19 abling capabilities for conventional forces and special 

20 operations forces globally, including current and pro21 jected needs in Iraq, Afghanistan, and other theaters 

22 of operation. 

23 (2) A description of the processes used to 

24 prioritize and allocate enabling capabilities to meet 
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1 the mission requirements of conventional forces and 

2 special operations forces. 

3 (3) An identification and description of any 

4 shortfalls in enabling capabilities for special oper5 ations forces by function, region, and quantity, as 

6 determined by the Commander of the United States 

7 Special Operations Command and the commanders 

8 of the geographic combatant commands. 

9 (4) An assessment of the current inventory of 

10 these enabling capabilities within the military de11 partments and components and the United States 

12 Special Operations Command. 

13 (5) An assessment of whether there is a need 

14 to create additional enabling capabilities by function 

15 and quantity. 

16 (6) An assessment of the merits of creating ad17 ditional enabling units, by type and quantity— 

18 (A) within the military departments; and 

19 (B) within the United States Special Oper20 ations Command. 

21 (7) Recommendations for meeting the current 

22 and future enabling force requirements of the 

23 United States Special Operations Command, includ24 ing an assessment of the increases in endstrength, 

25 equipment, funding, and military construction that 
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1 would be required to support these recommenda2 tions. 

3 (8) Any other matters the Commander of the 

4 United States Special Operations Command, the 

5 commanders of the combatant commands, and the 

6 chiefs of the services consider useful and relevant. 

7 (c) REPORT TO CONGRESS.—Not later than 30 days 

8 after receiving the report required under subsection (a), 

9 the Secretary of Defense shall forward the report to the 

10 congressional defense committees with any additional com11 ments the Secretary considers appropriate. 

12 Subtitle H—Other Matters 

13 SEC. 1081. TRANSFER OF NAVY AIRCRAFT N40VT. 

14 (a) AUTHORITY TO TRANSFER.— 

15 (1) AUTHORITY.—Subject to all applicable Fed16 eral laws and regulations controlling the disposition 

17 of Federal property, the Secretary of the Navy may 

18 transfer to Piasecki Aircraft Corporation of 

19 Essington, Pennsylvania (in this section referred to 

20 as the ‘‘transferee’’), Navy aircraft N40VT (Bureau 

21 Number 163283) and associated components, test 

22 equipment, and engines, previously specified as Gov23 ernment-furnished equipment in contract N00019– 

24 00–C–0284. 
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1 (2) WRITTEN AGREEMENT.—The transfer 

2 under this subsection shall be made by means of a 

3 written agreement. 

4 (3) APPLICABLE LAW.—The transfer or use of 

5 military equipment is subject to all applicable United 

6 State laws and regulations, including, but not lim7 ited to, the Arms Export Control Act, the Export 

8 Administration Act of 1979, continued under Execu9 tive Order 12924, International Traffic in Arms 

10 Regulations (22 C.F.R. 120 et seq.), Export Admin11 istration Regulations (15 C.F.R. 730 et seq.), For12 eign Assets Control Regulations (31 C.F.R. 500 et 

13 seq.), and the Espionage Act. 

14 (b) CERTIFICATION REQUIRED FOR DISPOSAL OF

15 COMBATANT MILITARY EQUIPMENT.—No military equip16 ment described by subsection (a) that is military equip17 ment of a combatant command may be transferred under 

18 subsection (a) unless the Chief of Staff of the Army, the 

19 Chief of Naval Operations, the Chief of Staff of the Air 

20 Force, or the Commandant of the Marine Corps, as appli21 cable, certifies that such equipment is not essential to the 

22 defense of the United States. 

23 (c) CONDITION OF EQUIPMENT TO BE TRANS24 FERRED.—The military equipment transferred under sub25 section (a) shall be transferred in its current ‘‘as is’’ condi-
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1 tion. The Secretary is not required to repair or alter the 

2 condition of any military equipment before transferring 

3 any interest in such equipment under subsection (a). 

4 (d) TRANSFER AT NO COST TO THE UNITED

5 STATES.—The transfer of military equipment under sub6 section (a) shall be made at no cost to the United States. 

7 Any costs associated with the transfer shall be borne by 

8 the transferee. 

9 (e) GOVERNMENT RIGHTS.—The Secretary shall in10 clude in the written agreement under subsection (a)(2) 

11 such terms and conditions as the Secretary considers ap12 propriate— 

13 (1) to permit the United States to use any fu14 ture technologies derived from testing of military 

15 equipment transferred under subsection (a), includ16 ing upon the transfer of such military equipment to 

17 a successor in interest of the transferee; and 

18 (2) to retain for the Government all technical 

19 data rights associated with military equipment 

20 transferred under subsection (a). 

21 (f) CONSIDERATION.—As consideration for the trans22 fer of military equipment under subsection (a), the trans23 feree shall provide compensation to the United States, the 

24 value of which is equal to the fair market value of such 

25 military equipment, as determined by the Secretary. The 
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1 Secretary may not delegate the authority to make the de2 termination required by the preceding sentence. 

3 (g) NO LIABILITY FOR THE UNITED STATES.—Upon 

4 the transfer of military equipment under subsection (a), 

5 the United States shall not be liable for any death, injury, 

6 loss, or damage that results from the use of such military 

7 equipment by any person other than the United States. 

8 (h) REVERTER UPON BREACH OF CONDITIONS.— 

9 The Secretary shall include in the written agreement 

10 under subsection (a)(2) the following: 

11 (1) A condition that the transferee not transfer 

12 any interest in, or transfer possession of, the mili13 tary equipment transferred under subsection (a) to 

14 any other party without the prior written approval 

15 of the Secretary. 

16 (2) A condition that the transferee operate or 

17 maintain, as applicable, the military equipment 

18 transferred under subsection (a) in compliance with 

19 all applicable limitations and maintenance require20 ments under law. 

21 (3) A condition that if the Secretary determines 

22 at any time that the transferee has failed to comply 

23 with a condition set forth in paragraph (1) or (2), 

24 all right, title, and interest in and to the military 

25 equipment transferred under subsection (a), includ-
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1 ing any repair or alteration of the military equip2 ment by the transferee or otherwise, shall revert to 

3 the United States, and the United States shall have 

4 the right of immediate possession of the military 

5 equipment. 

6 (i) LIMITATION ON TRANSFER PENDING NOTICE TO

7 CONGRESS.— 

8 (1) LIMITATION.—A transfer of military equip9 ment under subsection (a) may not occur until— 

10 (A) notice of the proposal to make the 

11 transfer is sent to Congress; and 

12 (B) 60 days of continuous session of Con13 gress have expired following the date on which 

14 such notice is sent to Congress. 

15 (2) CALCULATION OF CONTINUOUS SESSION.— 

16 For purposes of paragraph (1)(B), the continuity of 

17 a session of Congress is broken only by an adjourn18 ment of the Congress sine die, and the days on 

19 which the either House is not in session because of 

20 adjournment of more than 3 days to a day certain 

21 are excluded in the computation of such 60-day pe22 riod. 

23 (j) ADDITIONAL TERMS AND CONDITIONS.—The Sec24 retary may require such additional terms and conditions 

25 in connection with a transfer under subsection (a) as the 
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1 Secretary considers appropriate to protect the interests of 

2 the United States. 

3 SEC. 1082. TRANSFER OF BIG CROW AIRCRAFT. 

4 (a) IN GENERAL.—The Secretary of the Air Force 

5 may convey to an appropriate private entity the right, 

6 title, and interest of the United States in and to the Big 

7 Crow aircraft referred to in subsection (b) in order to per8 mit the continuation of the purpose of such aircraft at 

9 the time of their retirement in and through such private 

10 entity after conveyance if the Secretary and the Under 

11 Secretary of Defense for Acquisition, Technology, and Lo12 gistics jointly determine that it is in the interests of the 

13 Department of Defense to do so. 

14 (b) COVERED BIG CROW AIRCRAFT.—The Big Crow 

15 aircraft referred to in this subsection are the recently-re16 tired aircraft as follows: 

17 (1) Big Crow aircraft NC–135E, tail number 

18 55–3132. 

19 (2) Big Crow aircraft NC–135B, tail number 

20 63–8050. 

21 (c) CONDITIONS OF CONVEYANCE.— 

22 (1) IN GENERAL.—Any conveyance of Big Crow 

23 aircraft under subsection (a) shall be for such con24 sideration as the Secretary considers appropriate. 

25 The Secretary shall provide for any aircraft so con-
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1 veyed to be conveyed in ‘‘as-is’’ condition at the time 

2 of conveyance, with all classified and other sensitive 

3 equipment removed from such aircraft before con4 veyance. 

5 (2) NO LIABILITY FOR THE UNITED STATES.— 

6 Notwithstanding any other provision of law, upon 

7 the conveyance of a Big Crow aircraft under sub8 section (a), the United States shall not be liable for 

9 any death, injury, loss, or damage that results from 

10 the use of the aircraft by any person other than the 

11 United States. 

12 (d) ADDITIONAL TERMS AND CONDITIONS.—The 

13 Secretary may require such additional terms and condi14 tions in connection with a conveyance under this section 

15 as the Secretary considers appropriate to protect the inter16 ests of the United States. 

17 SEC. 1083. PLAN FOR SUSTAINMENT OF LAND-BASED SOLID 

18 ROCKET MOTOR INDUSTRIAL BASE. 

19 (a) IN GENERAL.—The Secretary of Defense shall re20 view and establish a plan to sustain the solid rocket motor 

21 industrial base, including the ability to maintain and sus22 tain currently deployed strategic and missile defense sys23 tems and to maintain an intellectual and engineering ca24 pacity to support next generation rocket motors, as need25 ed. 
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1 (b) SUBMISSION OF PLAN.—Not later than March 1, 

2 2010, the Secretary of Defense shall submit to the con3 gressional defense committees the plan required under 

4 subsection (a), together with an explanation of how fiscal 

5 year 2010 funds will be used to sustain and support the 

6 plan and a description of the funding in the future years 

7 defense program plan to support the plan. 

8 SEC. 1084. PILOT PROGRAM ON USE OF SERVICE DOGS FOR 

9 THE TREATMENT OR REHABILITATION OF 

10 VETERANS WITH PHYSICAL OR MENTAL INJU11 RIES OR DISABILITIES. 

12 (a) FINDINGS.—Congress makes the following find13 ings: 

14 (1) The United States owes a profound debt to 

15 those who have served the United States honorably 

16 in the Armed Forces. 

17 (2) Disabled veterans suffer from a range of 

18 physical and mental injuries and disabilities. 

19 (3) In 2008, the Army reported the highest 

20 level of suicides among its soldiers since it began 

21 tracking the rate 28 years before 2009. 

22 (4) A scientific study documented in the 2008 

23 Rand Report entitled ‘‘Invisible Wounds of War’’ es24 timated that 300,000 veterans of Operation Endur-
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1 ing Freedom and Operation Iraqi Freedom currently 

2 suffer from post-traumatic stress disorder. 

3 (5) Veterans have benefitted in multiple ways 

4 from the provision of service dogs. 

5 (6) The Department of Veterans Affairs has 

6 been successfully placing guide dogs with the blind 

7 since 1961. 

8 (7) Thousands of dogs around the country 

9 await adoption. 

10 (b) PROGRAM REQUIRED.—Not later than 120 days 

11 after the date of the enactment of this Act, the Secretary 

12 of Veterans Affairs shall commence a three-year pilot pro13 gram to assess the benefits, feasibility, and advisability of 

14 using service dogs for the treatment or rehabilitation of 

15 veterans with physical or mental injuries or disabilities, 

16 including post-traumatic stress disorder. 

17 (c) PARTNERSHIPS.— 

18 (1) IN GENERAL.—The Secretary shall carry 

19 out the pilot program by partnering with nonprofit 

20 organizations that— 

21 (A) have experience providing service dogs 

22 to individuals with injuries or disabilities; 

23 (B) do not charge fees for the dogs, serv24 ices, or lodging that they provide; and 
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1 (C) are accredited by a generally accepted 

2 industry-standard accrediting institution. 

3 (2) REIMBURSEMENT OF COSTS.—The Sec4 retary shall reimburse partners for costs relating to 

5 the pilot program as follows: 

6 (A) For the first 50 dogs provided under 

7 the pilot program, all costs relating to the pro8 vision of such dogs. 

9 (B) For dogs provided under the pilot pro10 gram after the first 50 dogs provided, all costs 

11 relating to the provision of every other dog. 

12 (d) PARTICIPATION.— 

13 (1) IN GENERAL.—As part of the pilot pro14 gram, the Secretary shall provide a service dog to a 

15 number of veterans with physical or mental injuries 

16 or disabilities that is greater than or equal to the 

17 greater of— 

18 (A) 200; and 

19 (B) the minimum number of such veterans 

20 required to produce scientifically valid results 

21 with respect to assessing the benefits and costs 

22 of the use of such dogs for the treatment or re23 habilitation of such veterans. 

24 (2) COMPOSITION.—The Secretary shall ensure 

25 that— 
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1 (A) half of the participants in the pilot 

2 program are veterans who suffer primarily from 

3 a mental health injury or disability; and 

4 (B) half of the participants in the pilot 

5 program are veterans who suffer primarily from 

6 a physical injury or disability. 

7 (e) STUDY.—In carrying out the pilot program, the 

8 Secretary shall conduct a scientifically valid research 

9 study of the costs and benefits associated with the use of 

10 service dogs for the treatment or rehabilitation of veterans 

11 with physical or mental injuries or disabilities. The mat12 ters studied shall include the following: 

13 (1) The therapeutic benefits to such veterans, 

14 including the quality of life benefits reported by the 

15 veterans partaking in the pilot program. 

16 (2) The economic benefits of using service dogs 

17 for the treatment or rehabilitation of such veterans, 

18 including— 

19 (A) savings on health care costs, including 

20 savings relating to reductions in hospitalization 

21 and reductions in the use of prescription drugs; 

22 and 

23 (B) productivity and employment gains for 

24 the veterans. 
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1 (3) The effectiveness of using service dogs to 

2 prevent suicide. 

3 (f) REPORTS.— 

4 (1) ANNUAL REPORT OF THE SECRETARY.— 

5 After each year of the pilot program, the Secretary 

6 shall submit to Congress a report on the findings of 

7 the Secretary with respect to the pilot program. 

8 (2) FINAL REPORT BY THE NATIONAL ACADEMY

9 OF SCIENCES.—Not later than 180 days after the 

10 date of the completion of the pilot program, the Na11 tional Academy of Sciences shall submit to Congress 

12 a report on the results of the pilot program. 

13 SEC. 1085. EXPANSION OF STATE HOME CARE FOR PAR14 ENTS OF VETERANS WHO DIED WHILE SERV15 ING IN ARMED FORCES. 

16 In administering section 51.210(d) of title 38, Code 

17 of Federal Regulations, the Secretary of Veterans Affairs 

18 shall permit a State home to provide services to, in addi19 tion to non-veterans described in such subsection, a non20 veteran any of whose children died while serving in the 

21 Armed Forces. 
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1 SEC. 1086. FEDERAL EMPLOYEES RETIREMENT SYSTEM 

2 AGE AND RETIREMENT TREATMENT FOR 

3 CERTAIN RETIREES OF THE ARMED FORCES. 

4 (a) INCREASE IN MAXIMUM AGE LIMIT FOR POSI5 TIONS SUBJECT TO FERS.— 

6 (1) LAW ENFORCEMENT OFFICERS AND FIRE7 FIGHTERS.—Section 3307(e) of title 5, United 

8 States Code, is amended— 

9 (A) by striking ‘‘(e) The’’ and inserting 

10 ‘‘(e)(1) Except as provided in paragraph (2), 

11 the’’; and 

12 (B) by adding at the end the following: 

13 ‘‘(2) The maximum age limit for an original appoint14 ment to a position as a firefighter or law enforcement offi15 cer (as defined by section 8401(14) or (17), respectively) 

16 shall be 47 years of age, in the case of an individual who 

17 on the effective date of such appointment is eligible to re18 ceive retired pay or retainer pay for military service, or 

19 pension or compensation from the Department of Veterans 

20 Affairs instead of such retired or retainer pay.’’. 

21 (2) OTHER POSITIONS.—The maximum age 

22 limit for an original appointment to a position as a 

23 member of the Capitol Police or Supreme Court Po24 lice, nuclear materials courier (as defined under sec25 tion 8401(33) of title 5, United States Code), or 

26 customs and border protection officer (as defined in 
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1 section 8401(36) of title 5, United States Code) 

2 shall be 47 years of age, in the case of an individual 

3 who on the effective date of such appointment is eli4 gible to receive retired pay or retainer pay for mili5 tary service, or pension or compensation from the 

6 Department of Veterans Affairs instead of such re7 tired or retainer pay. 

8 (b) ELIGIBILITY FOR ANNUITY.—Section 8412(d) of 

9 title 5, United States Code, is amended— 

10 (1) in paragraph (1), by striking ‘‘or’’ at the 

11 end; 

12 (2) in paragraph (2), by adding ‘‘or’’ at the 

13 end; and 

14 (3) by inserting after paragraph (2) the fol15 lowing: 

16 ‘‘(3) after becoming 57 years of age and com17 pleting 10 years of service as a law enforcement offi18 cer, member of the Capitol Police or Supreme Court 

19 Police, firefighter, nuclear materials courier, customs 

20 or border protection officer, or any combination of 

21 such service totaling 10 years, if such employee— 

22 ‘‘(A) is originally appointed to a position 

23 as a law enforcement officer, member of the 

24 Capitol Police or Supreme Court Police, fire25 fighter, nuclear materials courier, or customs 
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1 and border protection officer on or after the ef2 fective date of this paragraph under section 

3 1083(e) of the National Defense Authorization 

4 Act for Fiscal Year 2010; 

5 ‘‘(B) on the date that original appointment 

6 met the requirements of section 3307(e)(2) of 

7 this title or section 1083(a)(2) of the National 

8 Defense Authorization Act for Fiscal Year 

9 2010.’’. 

10 (c) MANDATORY SEPARATION.—Section 8425 of title 

11 5, United States Code, is amended— 

12 (1) in subsection (b)(1), in the first sentence, 

13 by inserting ‘‘, except that a law enforcement officer, 

14 firefighter, nuclear materials courier, or customs and 

15 border protection officer eligible for retirement 

16 under 8412(d)(3) shall be separated from service on 

17 the last day of the month in which that employee be18 comes 57 years of age’’ before the period; 

19 (2) in subsection (c), in the first sentence, by 

20 inserting ‘‘, except that a member of the Capitol Po21 lice eligible for retirement under 8412(d)(3) shall be 

22 separated from service on the last day of the month 

23 in which that employee becomes 57 years of age’’ be24 fore the period; and 
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1 (3) in subsection (d), in the first sentence, by 

2 inserting ‘‘, except that a member of the Supreme 

3 Court Police eligible for retirement under 8412(d)(3) 

4 shall be separated from service on the last day of the 

5 month in which that employee becomes 57 years of 

6 age’’ before the period. 

7 (d) COMPUTATION OF BASIC ANNUITY.—Section 

8 8415(d) of title 5, United States Code, is amended— 

9 (1) in paragraph (1), by striking ‘‘total service 

10 as’’ and inserting ‘‘civilian service as a law enforce11 ment officer, member of the Capitol Police or Su12 preme Court Police, firefighter, nuclear materials 

13 courier, customs and border protection officer, or air 

14 traffic controller that, in the aggregate,’’; and 

15 (2) in paragraph (2), by striking ‘‘so much of 

16 such individual’s total service as exceeds 20 years’’ 

17 and inserting ‘‘the remainder of such individual’s 

18 total service’’. 

19 (e) EFFECTIVE DATE.—This section (including the 

20 amendments made by this section) shall take effect 60 

21 days after the date of the enactment of this Act and shall 

22 apply to appointments made on or after that effective 

23 date. 
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1 SEC. 1087. SENSE OF CONGRESS ON MANNED AIRBORNE IR2 REGULAR WARFARE PLATFORMS. 

3 It is the sense of Congress that the Secretary of De4 fense should, with regard to the development of manned 

5 airborne irregular warfare platforms, coordinate require6 ments for such weapons systems with the military services, 

7 including the reserve components. 

8 SEC. 1088. EXTENSION OF SUNSET FOR CONGRESSIONAL 

9 COMMISSION ON THE STRATEGIC POSTURE 

10 OF THE UNITED STATES. 

11 (a) FINDINGS.—Congress makes the following find12 ings: 

13 (1) Congress is grateful for the service and 

14 leadership of the members of the bipartisan Con15 gressional Commission on the Strategic Posture of 

16 the United States, who, pursuant to section 1062 of 

17 the National Defense Authorization Act for Fiscal 

18 Year 2008 (Public Law 110–181; 122 Stat. 319), 

19 spent more than one year examining the strategic 

20 posture of the United States in all of its aspects: de21 terrence strategy, missile defense, arms control ini22 tiatives, and nonproliferation strategies. 

23 (2) The Commission, comprised of some of the 

24 most preeminent scholars and technical experts in 

25 the United States in the subject matter, found a bi-
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1 partisan consensus on these issues in its Final Re2 port made public on May 6, 2009. 

3 (3) Congress appreciates the service of former 

4 Secretary of Defense William Perry, former Sec5 retary of Defense and Energy James Schlesinger, 

6 former Senator John Glenn, former Congressman 

7 Lee Hamilton, Ambassador James Woolsey, Doctors 

8 John Foster, Fred Ikle, Keith Payne, Morton 

9 Halperin, Ellen Williams, Bruce Tarter, and Harry 

10 Cartland, and the United States Institute of Peace. 

11 (4) Congress values the work of the Commis12 sion and pledges to work with President Barack 

13 Obama to address the findings and review and con14 sider the recommendations of the Commission. 

15 (b) EXTENSION OF SUNSET.—Section 1062 of the 

16 National Defense Authorization Act for Fiscal Year 2008 

17 (Public Law 110–181; 122 Stat. 319) is amended— 

18 (1) by redesignating subsections (f) and (g) as 

19 subsections (g) and (h), respectively; 

20 (2) in subsection (h), as redesignated by para21 graph (1), by striking ‘‘September 30, 2009’’ and in22 serting ‘‘September 30, 2010’’; and 

23 (3) by inserting after subsection (e) the fol24 lowing new subsection: 
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1 ‘‘(f) FOLLOW-ON REPORT.—Following submittal of 

2 the report required in subsection (e), the Commission may 

3 conduct public outreach and discussion of the matters con4 tained in the report.’’. 

5 SEC. 1089. ADDITIONAL MEMBERS AND DUTIES FOR INDE6 PENDENT PANEL TO ASSESS THE QUADREN7 NIAL DEFENSE REVIEW. 

8 (a) FINDING.—Congress understands that the inde9 pendent panel appointed by the Secretary of Defense pur10 suant to section 118(f) of title 10, United States Code, 

11 will be comprised of twelve members equally divided on 

12 a bipartisan basis. 

13 (b) SENSE OF CONGRESS ON INDEPENDENT

14 PANEL.—It is the sense of Congress that the independent 

15 panel appointed by the Secretary of Defense pursuant to 

16 section 118(f) of title 10, United States Code, should be 

17 comprised of members equally divided on a bipartisan 

18 basis. 

19 (c) ADDITIONAL MEMBERS.— 

20 (1) IN GENERAL.—For purposes of conducting 

21 the assessment of the 2009 quadrennial defense re22 view under section 118 of title 10, United States 

23 Code (in this section referred to as the ‘‘2009 

24 QDR’’), the independent panel established under 

25 subsection (f) of such section (in this section re-
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1 ferred to as the ‘‘Panel’’) shall include eight addi2 tional members to be appointed as follows: 

3 (A) Two by the chairman of the Committee 

4 on Armed Services of the House of Representa5 tives. 

6 (B) Two by the chairman of the Com7 mittee on Armed Services of the Senate. 

8 (C) Two by the ranking member of the 

9 Committee on Armed Services of the House of 

10 Representatives. 

11 (D) Two by the ranking member of the 

12 Committee on Armed Services of the Senate. 

13 (2) PERIOD OF APPOINTMENT; VACANCIES.— 

14 Any vacancy in an appointment to the Panel under 

15 paragraph (1) shall be filled in the same manner as 

16 the original appointment. 

17 (d) ADDITIONAL DUTIES OF PANEL FOR 2009 

18 QDR.—In addition to the duties of the Panel under sec19 tion 118(f) of title 10, United States Code, the Panel 

20 shall, with respect to the 2009 QDR— 

21 (1) conduct an independent assessment of a va22 riety of possible force structures of the Armed 

23 Forces, including the force structure identified in 

24 the report of the 2009 QDR; and 
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1 (2) make any recommendations it considers ap2 propriate for consideration. 

3 (e) REPORT OF SECRETARY OF DEFENSE.—Not later 

4 than 30 days after the Panel submits its report with re5 spect to the 2009 QDR under section 118(f)(2) of title 

6 10, United States Code, the Secretary of Defense, after 

7 consultation with the Chairman of the Joint Chiefs of 

8 Staff, shall submit to the congressional defense commit9 tees any comments of the Secretary on the report of the 

10 Panel. 

11 (f) TERMINATION.—The provisions of this section 

12 shall terminate on the day that is 45 days after the date 

13 on which the Panel submits its report with respect to the 

14 2009 QDR under section 118(f)(2) of title 10, United 

15 States Code. 

16 SEC. 1090. CONTRACTING IMPROVEMENTS. 

17 (a) DEFINITIONS.—In this section— 

18 (1) the terms ‘‘Administration’’ and ‘‘Adminis19 trator’’ mean the Small Business Administration 

20 and the Administrator thereof, respectively; and 

21 (2) the terms ‘‘HUBZone small business con22 cern’’, ‘‘small business concern’’, ‘‘small business 

23 concern owned and controlled by service-disabled 

24 veterans’’, and ‘‘small business concern owned and 

25 controlled by women’’ have the same meanings as in 
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1 section 3 of the Small Business Act (15 U.S.C. 

2 632). 

3 (b) CONTRACTING OPPORTUNITIES.—Section 

4 31(b)(2)(B) of the Small Business Act (15 U.S.C. 

5 657a(b)(2)(B)) is amended by striking ‘‘shall’’ and insert6 ing ‘‘may’’. 

7 (c) CONTRACTING GOALS.—Section 15(g)(1) of the 

8 Small Business Act (15 U.S.C. 644(g)(1)) is amended in 

9 the fourth sentence by inserting ‘‘and subcontract’’ after 

10 ‘‘not less than 3 percent of the total value of all prime 

11 contract’’. 

12 (d) MENTOR-PROTEGE PROGRAMS.—The Adminis13 trator may establish mentor-protege programs for small 

14 business concerns owned and controlled by service-disabled 

15 veterans, small business concerns owned and controlled by 

16 women, and HUBZone small business concerns modeled 

17 on the mentor-protege program of the Administration for 

18 small business concerns participating in programs under 

19 section 8(a) of the Small Business Act (15 U.S.C. 637(a)). 

20 SEC. 1091. NATIONAL D–DAY MEMORIAL STUDY. 

21 (a) DEFINITIONS.—In this section: 

22 (1) AREA.—The term ‘‘Area’’ means in the Na23 tional D–Day Memorial in Bedford, Virginia. 
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1 (2) SECRETARY.—The term ‘‘Secretary’’ means 

2 the Secretary of the Interior, acting through the Di3 rector of the National Park Service. 

4 (b) STUDY.— 

5 (1) IN GENERAL.—The Secretary shall conduct 

6 a study of the Area to evaluate the national signifi7 cance of the Area and suitability and feasibility of 

8 designating the Area as a unit of the National Park 

9 System. 

10 (2) CRITERIA.—In conducting the study re11 quired by paragraph (1), the Secretary shall use the 

12 criteria for the study of areas for potential inclusion 

13 in the National Park System in section 8(c) of Pub14 lic Law 91–383 (16 U.S.C. 1a–5(c)). 

15 (3) CONTENTS.—The study required by para16 graph (1) shall— 

17 (A) determine the suitability and feasibility 

18 of designating the Area as a unit of the Na19 tional Park System; 

20 (B) include cost estimates for any nec21 essary acquisition, development, operation, and 

22 maintenance of the Area; and 

23 (C) identify alternatives for the manage24 ment, administration, and protection of the 

25 Area. 
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1 (c) REPORT.—Section 8(c) of Public Law 91–383 (16 

2 U.S.C. 1a–5(c)) shall apply to the conduct of the study 

3 required by this section, except that the study shall be sub4 mitted to the Committee on Natural Resources of the 

5 House of Representatives and the Committee on Energy 

6 and Natural Resources of the Senate not later than 3 

7 years after the date on which funds are first made avail8 able for the study. 

9 TITLE XI—CIVILIAN PERSONNEL 

10 MATTERS 

11 Subtitle A—Personnel 

12 SEC. 1101. REPEAL OF NATIONAL SECURITY PERSONNEL 

13 SYSTEM; DEPARTMENT OF DEFENSE PER14 SONNEL AUTHORITIES. 

15 (a) REPEAL OF AUTHORITY TO ESTABLISH NA16 TIONAL SECURITY PERSONNEL SYSTEM.—Section 9902 

17 of title 5, United States Code, is amended— 

18 (1) by striking subsections (a), (b), (c), (d), (e), 

19 (i), and (j); and 

20 (2) by redesignating subsections (f), (g), and 

21 (h) as subsections (d), (e), and (f) respectively. 

22 (b) PERIOD FOR TERMINATION OF NATIONAL SECU23 RITY PERSONNEL SYSTEM.— 

24 (1) APPLICABILITY OF PRIOR LAW TO UNITS IN

25 NSPS.—Notwithstanding the amendments made by 
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1 this section, the provisions of section 9902 of title 5, 

2 United States Code, as in effect on the day before 

3 the date of the enactment of this Act, shall apply to 

4 organizational and functional units included in the 

5 National Security Personnel System as of January 

6 20, 2009, for a period of one year after the date of 

7 the enactment of this Act. 

8 (2) TRANSITION OF UNITS FROM NSPS.—The 

9 Secretary of Defense shall ensure the orderly transi10 tion of all organizational and functional units cov11 ered by paragraph (1) from the National Security 

12 Personnel System by not later than one year after 

13 the date of the enactment of this Act. The Secretary 

14 shall ensure that no employee is subject to a reduc15 tion in pay as a result of such transition. 

16 (3) REMOVAL OF LIMITATION ON PAY ADJUST17 MENT.—Notwithstanding section 9902(e)(7) of title 

18 5, United States Code (as in effect on the day before 

19 the date of the enactment of this Act), at the time 

20 of any annual adjustment to pay schedules pursuant 

21 to section 5303 of such title during the transitional 

22 period provided in paragraph (1), the rate of basic 

23 pay for each employee described in section 

24 9902(e)(7), as so in effect, shall be adjusted by 100 

25 percent of the amount of such adjustment. 
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1 (4) CURRENT RULES INVALID.—Any rule or im2 plementing issuance adopted before the date of the 

3 enactment of this Act to implement any provision of 

4 section 9902 of title 5, United States Code (other 

5 than subsections (d), (e), and (f) of such section (as 

6 redesignated by subsection (a)(2))), shall cease to be 

7 effective on the date that is one year after the date 

8 of the enactment of this Act. 

9 (c) AUTHORITY RELATING TO PERSONNEL MANAGE10 MENT AND WORKFORCE INCENTIVES.—Section 9902 of 

11 such title is further amended by inserting before sub12 section (d), as redesignated by subsection (a)(2) of this 

13 section, the following new subsections: 

14 ‘‘(a) PERSONNEL MANAGEMENT.—(1) The Secretary 

15 may waive the requirements of chapter 33, and the regula16 tions implementing such chapter, to the extent the Sec17 retary considers appropriate to establish and implement 

18 regulations providing for the following: 

19 ‘‘(A) Fair, credible, and transparent methods of 

20 establishing qualification requirements for, recruit21 ment for, and appointments to employment posi22 tions. 

23 ‘‘(B) Fair, credible, and transparent methods of 

24 assigning, reassigning, detailing, transferring, or 

25 promoting employees. 
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1 ‘‘(2) In implementing this subsection, the Secretary 

2 shall comply with the provisions of section 2302(b)(11), 

3 regarding veterans’ preference requirements, in a manner 

4 comparable to that in which such provisions are applied 

5 under chapter 33. 

6 ‘‘(3) Any action taken by the Secretary under this 

7 subsection, or to implement this subsection, shall be sub8 ject to the requirements subsection (c) and chapter 71. 

9 ‘‘(b) PERFORMANCE MANAGEMENT AND WORK10 FORCE INCENTIVES.—(1) The Secretary may waive the re11 quirements of chapters 43 (other than sections 4302 and 

12 4303(e)) and 45, and the regulations implementing such 

13 chapters, to the extent the Secretary considers appropriate 

14 to establish and implement regulations providing for the 

15 following: 

16 ‘‘(A) A fair, credible, and transparent perform17 ance appraisal system for employees. 

18 ‘‘(B) A fair, credible, and transparent system 

19 for linking employee bonuses and other performance20 based actions to performance appraisals of employ21 ees. 

22 ‘‘(C) A process for ensuring ongoing perform23 ance feedback and dialogue among supervisors, man24 agers, and employees throughout the appraisal pe25 riod and setting timetables for review. 
629 

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1 ‘‘(2)(A) The Secretary may establish a fund to be 

2 known as the ‘Department of Defense Civilian Workforce 

3 Incentive Fund’ (in this paragraph referred to as the 

4 ‘Fund’). 

5 ‘‘(B) The Fund shall consist of the following: 

6 ‘‘(i) Amounts appropriated to the Fund. 

7 ‘‘(ii) Amounts available for compensation of em8 ployees that are transferred to the Fund. 

9 ‘‘(C) Amounts in the Fund shall be available as fol10 lows: 

11 ‘‘(i) For incentive payments to employees based 

12 on individual or team performance. 

13 ‘‘(ii) For incentive payments to employees for 

14 purposes of the employment and retention as em15 ployees of qualified individuals with particular com16 petencies or qualifications. 

17 ‘‘(3) Any action taken by the Secretary under this 

18 subsection, or to implement this subsection, shall be sub19 ject to the requirements of subsection (c) and chapter 71. 

20 ‘‘(c) CRITERIA FOR USE OF NEW PERSONNEL AU21 THORITIES.—In establishing any new personnel manage22 ment system under subsection (a) or new performance 

23 management and workforce incentive system under sub24 section (b), the Secretary shall— 
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1 ‘‘(1) adhere to merit principles set forth in sec2 tion 2301; 

3 ‘‘(2) include a means for ensuring employee in4 volvement in the design and implementation of such 

5 system; 

6 ‘‘(3) provide for adequate training and retrain7 ing for supervisors, managers, and employees in the 

8 implementation and operation of such system; 

9 ‘‘(4) include effective transparency and account10 ability measures and safeguards to ensure that the 

11 management of such system is fair, credible, and eq12 uitable, including appropriate independent reason13 ableness reviews, internal assessments, and employee 

14 surveys; and 

15 ‘‘(5) ensure that adequate agency resources are 

16 allocated for the design, implementation, and admin17 istration of such system.’’. 

18 (d) CONFORMING CLERICAL AMENDMENTS.— 

19 (1) HEADING AMENDMENT.—The heading of 

20 such section is amended to read as follows: 

21 ‘‘§ 9902. Department of Defense personnel authori22 ties’’. 

23 (2) CLERICAL AMENDMENT.—The table of sec24 tions at the beginning of chapter 99 of such title is 
631 

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1 amended by striking the item relating to section 

2 9902 and inserting the following new item: 

‘‘9902. Department of Defense personnel authorities.’’. 

3 (e) MODIFICATION OF IMPLEMENTATION AUTHORI4 TIES AND LIMITATIONS.—Section 1106 of the National 

5 Defense Authorization Act for Fiscal Year 2008 (Public 

6 Law 110–181; 122 Stat. 349) is amended— 

7 (1) by striking subsection (b); 

8 (2) by redesignating subsection (c) as sub9 section (b); and 

10 (3) in subsection (b), as redesignated by para11 graph (2)— 

12 (A) by striking paragraph (1) and insert13 ing the following new paragraph (1): 

14 ‘‘(1) The Comptroller General shall conduct an15 nual reviews in calendar years 2010, 2011, and 

16 2012 of— 

17 ‘‘(A) employee satisfaction with any proc18 esses established pursuant to regulations pro19 mulgated by the Secretary of Defense pursuant 

20 to section 9902 of title 5, United States Code; 

21 and 

22 ‘‘(B) the extent to which any processes so 

23 established are fair, credible, and transparent, 

24 as required by such section 9902.’’; and 
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1 (B) in paragraph (2), by striking ‘‘the Na2 tional Security Personnel System’’ and insert3 ing ‘‘any processes established pursuant to such 

4 regulations’’. 

5 (f) ADDITIONAL CONFORMING AMENDMENT.—Sec6 tion 1108(b) of the Duncan Hunter National Defense Au7 thorization Act for Fiscal Year 2009 (Public Law 110– 

8 417; 122 Stat. 4618; 10 U.S.C. 1580 note) is amended 

9 by striking ‘‘identified in section 9902(c)(2) of title 5, 

10 United States Code.’’ and inserting ‘‘as follows: 

11 ‘‘(1) The Aviation and Missile Research Devel12 opment and Engineering Center. 

13 ‘‘(2) The Army Research Laboratory. 

14 ‘‘(3) The Medical Research and Materiel Com15 mand. 

16 ‘‘(4) The Engineer Research and Development 

17 Command. 

18 ‘‘(5) The Communications–Electronics Com19 mand. 

20 ‘‘(6) The Soldier and Biological Chemical Com21 mand. 

22 ‘‘(7) The Naval Sea Systems Command Cen23 ters. 

24 ‘‘(8) The Naval Research Laboratory. 

25 ‘‘(9) The Office of Naval Research. 
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1 ‘‘(10) The Air Force Research Laboratory.’’. 

2 (g) WAIVER.—Subsection (a) through (f) of this sec3 tion and the amendments made by such subsections shall 

4 not take effect if, not later than 60 days after the date 

5 of the enactment of this Act, the Secretary of Defense sub6 mits to the Committees on Armed Services of the Senate 

7 and the House of Representatives, the Committee on 

8 Homeland Security and Governmental Affairs of the Sen9 ate, and the Committee on Oversight and Government Re10 form of the House of Representatives a report that in11 cludes— 

12 (1) a certification that— 

13 (A) the termination of the National Secu14 rity Personnel System would not be in the best 

15 interest of the Department of Defense; 

16 (B) the Secretary intends to implement 

17 changes during fiscal year 2010 to improve the 

18 fairness, credibility, and transparency of the 

19 National Security Personnel System; and 

20 (C) the Secretary has determined that the 

21 changes to be made pursuant to subparagraph 

22 (B) will result in improved employee acceptance 

23 of the National Security Personnel System; and 
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†S 1391 ES

1 (2) a description of the changes that the Sec2 retary intends to implement and the schedule for im3 plementing such changes. 

4 (h) EXPANSION PROHIBITED.—If the Secretary of 

5 Defense submits a report and certification under sub6 section (g) and the National Security Personnel System 

7 is not terminated, the National Security Personnel System 

8 may not be extended to organizational and functional 

9 units of the Department of Defense not included in such 

10 system as of June 1, 2009, unless specifically authorized 

11 by statute enacted after the date of the enactment of this 

12 Act. 

13 SEC. 1102. EXTENSION AND MODIFICATION OF EXPERI14 MENTAL PERSONNEL MANAGEMENT PRO15 GRAM FOR SCIENTIFIC AND TECHNICAL PER16 SONNEL. 

17 (a) THREE-YEAR EXTENSION.—Subsection (e)(1) of 

18 section 1101 of the Strom Thurmond National Defense 

19 Authorization Act for Fiscal Year 1999 (5 U.S.C. 3104 

20 note) is amended by striking ‘‘September 30, 2011’’ and 

21 inserting ‘‘September 30, 2014’’. 

22 (b) LIMITATIONS ON ADDITIONAL PAYMENTS.—Such 

23 section is further amended— 
635 

†S 1391 ES

1 (1) in subsection (b)(3), by striking ‘‘under sub2 section (d)(1)’’ and inserting ‘‘under subsection 

3 (d)’’; and 

4 (2) by striking subsection (d) and inserting the 

5 following new subsection (d): 

6 ‘‘(d) LIMITATIONS ON ADDITIONAL PAYMENTS.—(1) 

7 Subject to paragraph (3), the total amount of additional 

8 payments paid to an employee under subsection (b)(3) for 

9 any 12-month period may not exceed the lesser of the 

10 amounts as follows: 

11 ‘‘(A) $50,000 in fiscal year 2010, which may be 

12 adjusted annually thereafter by the Secretary, with 

13 a percentage increase equal to one-half of 1 percent14 age point less than the percentage by which the Em15 ployment Cost Index, published quarterly by the Bu16 reau of Labor Statistics, for the base quarter of the 

17 year before the preceding calendar year exceeds the 

18 Employment Cost Index for the base quarter of the 

19 second year before the preceding calendar year. 

20 ‘‘(B) The amount equal to 50 percent of the 

21 employee’s annual rate of basic pay. 

22 ‘‘(2) In paragraph (1), the term ‘base quarter’ has 

23 the meaning given that term in section 5302(3) of title 

24 5, United States Code. 
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†S 1391 ES

1 ‘‘(3) Notwithstanding any other provision of this sec2 tion or section 5307 of title 5, United States Code, no 

3 additional payments may be paid to an employee under 

4 subsection (b)(3) in any calendar year if, or to the extent 

5 that, the employee’s total annual compensation in such 

6 calendar year will exceed the maximum amount of total 

7 annual compensation payable at the salary set in accord8 ance with section 104 of title 3, United States Code. 

9 ‘‘(4) An employee appointed under the program is not 

10 eligible for any bonus, monetary award, or other monetary 

11 incentive for service under the appointment other than 

12 payments authorized by this section.’’. 

13 (c) REPORTING REQUIREMENTS.—Paragraph (1) of 

14 subsection (g) of such section is amended to read as fol15 lows: 

16 ‘‘(1)(A) Not later than December 31 each year in 

17 which the authority under this section is in effect, the Sec18 retary of Defense shall submit to the committees of Con19 gress specified in subparagraph (B) a report on the pro20 gram. Each report shall cover the 12-month period pre21 ceding the date of the submittal of such report. 

22 ‘‘(B) The committees of Congress specified in this 

23 subparagraph are— 

24 ‘‘(i) the Committee on Armed Services, the 

25 Committee on Homeland Security and Governmental 
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1 Affairs, and the Committee on Appropriations of the 

2 Senate; and 

3 ‘‘(ii) the Committee on Armed Services, the 

4 Committee on Oversight and Government Reform, 

5 and the Committee on Appropriations of the House 

6 of Representatives’’. 

7 SEC. 1103. ONE-YEAR EXTENSION OF AUTHORITY TO WAIVE 

8 ANNUAL LIMITATION ON PREMIUM PAY AND 

9 AGGREGATE LIMITATION ON PAY FOR FED10 ERAL CIVILIAN EMPLOYEES WORKING OVER11 SEAS. 

12 (a) EXTENSION OF AUTHORITY.—Subsection (a) of 

13 section 1101 of the Duncan Hunter National Defense Au14 thorization Act for Fiscal Year 2009 (Public Law 110– 

15 417; 122 Stat. 4615) is amended by striking ‘‘calendar 

16 year 2009’’ and inserting ‘‘calendar years 2009 and 

17 2010’’. 

18 (b) CLARIFICATION OF EXEMPTION FROM AGGRE19 GATE LIMITATIONS ON PAY.—Subsection (b) of such sec20 tion is amended by striking ‘‘Section 5307 of title 5, 

21 United States Code’’ and inserting ‘‘Aggregate limitations 

22 on pay, whether established by law or regulation’’. 
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1 SEC. 1104. AVAILABILITY OF FUNDS FOR COMPENSATION 

2 OF CERTAIN CIVILIAN EMPLOYEES OF THE 

3 DEPARTMENT OF DEFENSE. 

4 (a) AVAILABILITY OF FUNDS.—Notwithstanding any 

5 other provision of law, funds authorized to be appropriated 

6 for the Department of Defense that are available for the 

7 purchase of contract services to meet a requirement that 

8 is anticipated to continue for five years or more shall be 

9 available to provide compensation for civilian employees of 

10 the Department to meet the same requirement. 

11 (b) REGULATIONS.—Not later than 120 days after 

12 the date of the enactment of this Act, the Secretary shall 

13 prescribe regulations implementing the authority in sub14 section (a). Such regulations— 

15 (1) shall ensure that the authority in subsection 

16 (a) is utilized to build government capabilities that 

17 are needed to perform inherently governmental func18 tions, functions closely associated with inherently 

19 governmental functions, and other critical functions; 

20 (2) shall include a mechanism to ensure that 

21 follow-on funding to provide compensation for civil22 ian employees of the Department to perform func23 tions described in paragraph (1) is provided from 

24 appropriate accounts; and 

25 (3) may establish additional criteria and levels 

26 of approval within the Department for the utilization 
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1 of funds to provide compensation for civilian employ2 ees of the Department pursuant to subsection (a). 

3 (c) ANNUAL REPORT.—Not later than 60 days after 

4 the end of each fiscal year for which the authority in sub5 section (a) is in effect, the Secretary shall submit to the 

6 congressional defense committees a report on the use of 

7 such authority. Each report shall cover the preceding fis8 cal year and shall identify, at a minimum, the following: 

9 (1) The amount of funds used under the au10 thority in subsection (a) to provide compensation for 

11 civilian employees. 

12 (2) The source or sources of the funds so used. 

13 (3) The number of civilian employees employed 

14 through the use of such funds. 

15 (4) The actions taken by the Secretary to en16 sure that follow-on funding for such civilian employ17 ees is provided through appropriate accounts. 

18 (d) TEMPORARY AUTHORITY.—The authority in sub19 section (a) shall apply to funds authorized to be appro20 priated for the Department of Defense fiscal years 2010 

21 through 2019. 

22 SEC. 1105. DEPARTMENT OF DEFENSE CIVILIAN LEADER23 SHIP PROGRAM. 

24 (a) LEADERSHIP PROGRAM REQUIRED.— 
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1 (1) IN GENERAL.—Not later than 180 days 

2 after the date of the enactment of this Act, the Sec3 retary of Defense shall establish a program of lead4 ership recruitment and development for civilian em5 ployees of the Department of Defense, to be known 

6 as the ‘‘Department of Defense Civilian Leadership 

7 Program’’ (in this section referred to as the ‘‘pro8 gram’’). 

9 (2) OBJECTIVES.—The objectives of the pro10 gram shall be as follows: 

11 (A) To develop a new generation of civilian 

12 leaders for the Department of Defense. 

13 (B) To recruit individuals with the aca14 demic merit, work experience, and dem15 onstrated leadership skills to meet the future 

16 needs of the Department. 

17 (C) To offer rapid advancement, competi18 tive compensation, and leadership opportunities 

19 to highly-qualified civilian employees of the De20 partment. 

21 (3) AVAILABLE AUTHORITIES.—In carrying out 

22 the program, the Secretary may exercise any author23 ity available to the Office of Personnel Management 

24 under section 4703 of title 5, United States Code, 

25 except that the Secretary shall not be bound by the 
641 

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1 limitations in subsection (d) of such section. Nothing 

2 in this section shall be construed to authorize the 

3 waiver of any part of chapter 71 of title 5, United 

4 States Code, or any regulation implementing such 

5 chapter, in the carrying out of the program. 

6 (b) ELIGIBLE INDIVIDUALS.— 

7 (1) IN GENERAL.—The following individuals 

8 shall be eligible to participate in the program: 

9 (A) Current employees of the Department 

10 of Defense. 

11 (B) Appropriate individuals in the private 

12 sector. 

13 (2) LIMITATION ON NUMBER OF ENTRANTS

14 INTO PROGRAM.—The total number of individuals 

15 who may enter into the program in any fiscal year 

16 may not exceed 5,000. 

17 (c) ELEMENTS OF PROGRAM.— 

18 (1) COMPETITIVE ENTRY.—The selection of in19 dividuals for entry into the program shall be made 

20 on the basis of a competition conducted at least 

21 twice each year. In each competition, participants in 

22 the program shall be selected from among applicants 

23 determined by the Secretary to be the most highly 

24 qualified in terms of academic merit, work experi25 ence, and demonstrated leadership skills. Each com-
642 

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1 petition shall provide for entry-level participants and 

2 midcareer participants in the program. 

3 (2) ALLOCATION OF POSITIONS.—The Secretary 

4 shall allocate positions in the program among the 

5 components of the Department of Defense that— 

6 (A) offer the most challenging assign7 ments; 

8 (B) provide the greatest level of responsi9 bility; and 

10 (C) demonstrate the greatest need for par11 ticipants in the program. 

12 (3) ASSIGNMENTS TO POSITIONS.—Participants 

13 in the program shall be assigned to components of 

14 the Department that best match their skills and 

15 qualifications. Participants in the program may be 

16 rotated among components of the Department of 

17 Defense at the discretion of the Secretary. 

18 (4) INITIAL COMPENSATION.—The initial com19 pensation of participants in the program shall be de20 termined by the Secretary based on the qualifica21 tions of such participants and applicable market 

22 conditions. 

23 (5) EDUCATION AND TRAINING.—The Secretary 

24 shall provide participants in the program with train25 ing, mentoring, and educational opportunities that 
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1 are appropriate to facilitate the development of such 

2 participants into effective civilian leaders for the De3 partment of Defense. 

4 (6) OBJECTIVE, MERIT-BASED PRINCIPLES FOR

5 PERSONNEL DECISIONS.—The Secretary shall make 

6 personnel decisions under the program in accordance 

7 with such objective, merit-based criteria as the Sec8 retary shall prescribe in regulations for purposes of 

9 the program. Such criteria shall include, but not be 

10 limited to, criteria applicable to the following: 

11 (A) The selection of individuals for entry 

12 into the program. 

13 (B) The assignment of participants in the 

14 program to positions in the Department of De15 fense. 

16 (C) The initial compensation of partici17 pants in the program. 

18 (D) The access of participants in the pro19 gram to training, mentoring, and educational 

20 opportunities under the program. 

21 (E) The consideration of participants in 

22 the program for selection into the senior man23 agement, functional, and technical workforce of 

24 the Department. 
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1 (7) CONSIDERATION FOR SENIOR MANAGE2 MENT, FUNCTIONAL, AND TECHNICAL WORK3 FORCE.—Any participant in the program who, as de4 termined by the Secretary, demonstrates outstanding 

5 performance shall be afforded priority in consider6 ation for selection into the appropriate element of 

7 the senior management, functional, and technical 

8 workforce of the Department of Defense (as set 

9 forth in section 1102(b) of the John Warner Na10 tional Defense Authorization Act for Fiscal Year 

11 2007 (Public Law 109–364; 120 Stat. 2407)). 

12 SEC. 1106. REVIEW OF DEFENSE LABORATORIES FOR PAR13 TICIPATION IN DEFENSE LABORATORY PER14 SONNEL DEMONSTRATION PROJECTS. 

15 (a) REVIEW REQUIRED.—The Secretary of Defense 

16 shall undertake a review of defense laboratories not cur17 rently included in personnel demonstration projects au18 thorized by section 342(b) of the National Defense Au19 thorization Act for Fiscal Year 1995 (Public Law 103– 

20 337; 108 Stat. 2721), as amended by section 1114 of the 

21 Floyd D. Spence National Defense Authorization Act for 

22 Fiscal Year 2001 (as enacted into law by Public Law 106– 

23 398; 114 Stat. 1654A–315), to determine whether or not 

24 any laboratory so reviewed would benefit from the exten25 sion to such laboratory of the personnel management flexi-
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1 bilities available under such section 342(b), as so amend2 ed. 

3 (b) COVERED LABORATORIES.—The laboratories cov4 ered by the review required by subsection (a) shall include, 

5 but not be limited to, the following: 

6 (1) Laboratories within the Army Research, 

7 Development, and Engineering Command. 

8 (2) Army Tank and Automotive Research, De9 velopment, and Engineering Center. 

10 (3) Army Armament Research, Development, 

11 and Engineering Center. 

12 (4) Naval Air Warfare Center, Weapons Divi13 sion. 

14 (5) Naval Air Warfare Center, Aircraft Divi15 sion. 

16 (6) Space and Naval Warfare Systems Center, 

17 Pacific. 

18 (7) Space and Naval Warfare Systems Center, 

19 Atlantic. 

20 (c) REPORT.— 

21 (1) IN GENERAL.—Not later than 90 days after 

22 the date of the enactment of this Act, the Secretary 

23 shall submit to the appropriate committees of Con24 gress a report setting forth the results of the review 

25 required by subsection (a). 
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1 (2) APPROPRIATE COMMITTEES OF CONGRESS

2 DEFINED.—In this subsection, the term ‘‘appro3 priate committees of Congress’’ means— 

4 (A) the Committee on Armed Services, the 

5 Committee on Homeland Security and Govern6 mental Affairs, and the Committee on Appro7 priations of the Senate; and 

8 (B) the Committee on Armed Services, the 

9 Committee on Oversight and Government Re10 form, and the Committee on Appropriations of 

11 the House of Representatives. 

12 Subtitle B—Part-Time 

13 Reemployment of Annuitants 

14 SEC. 1161. SHORT TITLE. 

15 This subtitle may be cited as the ‘‘Part-Time Reem16 ployment of Annuitants Act of 2009’’. 

17 SEC. 1162. PART-TIME REEMPLOYMENT. 

18 (a) CIVIL SERVICE RETIREMENT SYSTEM.—Section 

19 8344 of title 5, United States Code, is amended— 

20 (1) by redesignating subsection (l) as subsection 

21 (m); 

22 (2) by inserting after subsection (k) the fol23 lowing: 

24 ‘‘(l)(1) For purposes of this subsection— 

25 ‘‘(A) the term ‘head of an agency’ means— 
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†S 1391 ES

1 ‘‘(i) the head of an Executive agency, other 

2 than the Department of Defense or the Govern3 ment Accountability Office; 

4 ‘‘(ii) the head of the United States Postal 

5 Service; 

6 ‘‘(iii) the Director of the Administrative 

7 Office of the United States Courts, with respect 

8 to employees of the judicial branch; and 

9 ‘‘(iv) any employing authority described 

10 under subsection (k)(2), other than the Govern11 ment Accountability Office; and 

12 ‘‘(B) the term ‘limited time appointee’ means 

13 an annuitant appointed under a temporary appoint14 ment limited to 1 year or less. 

15 ‘‘(2) The head of an agency may waive the applica16 tion of subsection (a) or (b) with respect to any annuitant 

17 who is employed in such agency as a limited time ap18 pointee, if the head of the agency determines that the em19 ployment of the annuitant is necessary to— 

20 ‘‘(A) fulfill functions critical to the mission of 

21 the agency, or any component of that agency; 

22 ‘‘(B) assist in the implementation or oversight 

23 of the American Recovery and Reinvestment Act of 

24 2009 (Public Law 111–5) or the Troubled Asset Re25 lief Program under title I of the Emergency Eco-
648 

†S 1391 ES

1 nomic Stabilization Act of 2008 (12 U.S.C. 5201 et 

2 seq.); 

3 ‘‘(C) assist in the development, management, or 

4 oversight of agency procurement actions; 

5 ‘‘(D) assist the Inspector General for that agen6 cy in the performance of the mission of that Inspec7 tor General; 

8 ‘‘(E) promote appropriate training or mentoring 

9 programs of employees; 

10 ‘‘(F) assist in the recruitment or retention of 

11 employees; or 

12 ‘‘(G) respond to an emergency involving a direct 

13 threat to life of property or other unusual cir14 cumstances. 

15 ‘‘(3) The head of an agency may not waive the appli16 cation of subsection (a) or (b) with respect to an annu17 itant— 

18 ‘‘(A) for more than 520 hours of service per19 formed by that annuitant during the period ending 

20 6 months following the individual’s annuity com21 mencing date; 

22 ‘‘(B) for more than 1040 hours of service per23 formed by that annuitant during any 12-month pe24 riod; or 
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1 ‘‘(C) for more than a total of 3120 hours of 

2 service performed by that annuitant. 

3 ‘‘(4)(A) The total number of annuitants to whom a 

4 waiver by the head of an agency under this subsection or 

5 section 8468(i) applies may not exceed 2.5 percent of the 

6 total number of full-time employees of that agency. 

7 ‘‘(B) If the total number of annuitants to whom a 

8 waiver by the head of an agency under this subsection or 

9 section 8468(i) applies exceeds 1 percent of the total num10 ber of full-time employees of that agency, the head of that 

11 agency shall submit to the Committee on Homeland Secu12 rity and Governmental Affairs of the Senate, the Com13 mittee on Oversight and Government Reform of the House 

14 of Representatives, and the Office of Personnel Manage15 ment— 

16 ‘‘(i) a report with an explanation that justifies 

17 the need for the waivers in excess of that percent18 age; and 

19 ‘‘(ii) not later than 180 days after submitting 

20 the report under clause (i), a succession plan. 

21 ‘‘(5)(A) The Director of the Office of Personnel Man22 agement may promulgate regulations providing for the ad23 ministration of this subsection. 

24 ‘‘(B) Any regulations promulgated under subpara25 graph (A) may— 
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†S 1391 ES

1 ‘‘(i) provide standards for the maintenance 

2 and form of necessary records of employment 

3 under this subsection; 

4 ‘‘(ii) to the extent not otherwise expressly 

5 prohibited by law, require employing agencies to 

6 provide records of such employment to the Of7 fice of Personnel Management or other employ8 ing agencies as necessary to ensure compliance 

9 with paragraph (3); 

10 ‘‘(iii) authorize other administratively con11 venient periods substantially equivalent to 12 

12 months, such as 26 pay periods, to be used in 

13 determining compliance with paragraph (3)(B); 

14 ‘‘(iv) include such other administrative re15 quirements as the Director of the Office of Per16 sonnel Management may find appropriate to 

17 provide for the effective operation of, or to en18 sure compliance with, this subsection; and 

19 ‘‘(v) encourage the training and mentoring 

20 of employees by any limited time appointee em21 ployed under this subsection. 

22 ‘‘(6)(A) Any hours of training or mentoring of em23 ployees by any limited time appointee employed under this 

24 subsection shall not be included in the hours of service 
651 

†S 1391 ES

1 performed for purposes of paragraph (3), but those hours 

2 of training or mentoring may not exceed 520 hours. 

3 ‘‘(B) If the primary service performed by any limited 

4 time appointee employed under this subsection is training 

5 or mentoring of employees, the hours of that service shall 

6 be included in the hours of service performed for purposes 

7 of paragraph (3). 

8 ‘‘(7) The authority of the head of an agency under 

9 this subsection to waive the application of subsection (a) 

10 or (b) shall terminate 5 years after the date of enactment 

11 of the Part-Time Reemployment of Annuitants Act of 

12 2009.’’; and 

13 (3) in subsection (m) (as so redesignated)— 

14 (A) in paragraph (1), by striking ‘‘(k)’’ 

15 and inserting ‘‘(l)’’; and 

16 (B) in paragraph (2), by striking ‘‘or (k)’’ 

17 and inserting ‘‘(k), or (l)’’. 

18 (b) FEDERAL EMPLOYEE RETIREMENT SYSTEM.— 

19 Section 8468 of title 5, United States Code, is amended— 

20 (1) by redesignating subsection (i) as subsection 

21 (j); 

22 (2) by inserting after subsection (h) the fol23 lowing: 

24 ‘‘(i)(1) For purposes of this subsection— 

25 ‘‘(A) the term ‘head of an agency’ means— 
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†S 1391 ES

1 ‘‘(i) the head of an Executive agency, other 

2 than the Department of Defense or the Govern3 ment Accountability Office; 

4 ‘‘(ii) the head of the United States Postal 

5 Service; 

6 ‘‘(iii) the Director of the Administrative 

7 Office of the United States Courts, with respect 

8 to employees of the judicial branch; and 

9 ‘‘(iv) any employing authority described 

10 under subsection (h)(2), other than the Govern11 ment Accountability Office; and 

12 ‘‘(B) the term ‘limited time appointee’ means 

13 an annuitant appointed under a temporary appoint14 ment limited to 1 year or less. 

15 ‘‘(2) The head of an agency may waive the applica16 tion of subsection (a) with respect to any annuitant who 

17 is employed in such agency as a limited time appointee, 

18 if the head of the agency determines that the employment 

19 of the annuitant is necessary to— 

20 ‘‘(A) fulfill functions critical to the mission of 

21 the agency, or any component of that agency; 

22 ‘‘(B) assist in the implementation or oversight 

23 of the American Recovery and Reinvestment Act of 

24 2009 (Public Law 111–5) or the Troubled Asset Re25 lief Program under title I of the Emergency Eco-
653 

†S 1391 ES

1 nomic Stabilization Act of 2008 (12 U.S.C. 5201 et 

2 seq.); 

3 ‘‘(C) assist in the development, management, or 

4 oversight of agency procurement actions; 

5 ‘‘(D) assist the Inspector General for that agen6 cy in the performance of the mission of that Inspec7 tor General; 

8 ‘‘(E) promote appropriate training or mentoring 

9 programs of employees; 

10 ‘‘(F) assist in the recruitment or retention of 

11 employees; or 

12 ‘‘(G) respond to an emergency involving a direct 

13 threat to life of property or other unusual cir14 cumstances. 

15 ‘‘(3) The head of an agency may not waive the appli16 cation of subsection (a) with respect to an annuitant— 

17 ‘‘(A) for more than 520 hours of service per18 formed by that annuitant during the period ending 

19 6 months following the individual’s annuity com20 mencing date; 

21 ‘‘(B) for more than 1040 hours of service per22 formed by that annuitant during any 12-month pe23 riod; or 

24 ‘‘(C) for more than a total of 3120 hours of 

25 service performed by that annuitant. 
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1 ‘‘(4)(A) The total number of annuitants to whom a 

2 waiver by the head of an agency under this subsection or 

3 section 8344(l) applies may not exceed 2.5 percent of the 

4 total number of full-time employees of that agency. 

5 ‘‘(B) If the total number of annuitants to whom a 

6 waiver by the head of an agency under this subsection or 

7 section 8344(l) applies exceeds 1 percent of the total num8 ber of full-time employees of that agency, the head of that 

9 agency shall submit to the Committee on Homeland Secu10 rity and Governmental Affairs of the Senate, the Com11 mittee on Oversight and Government Reform of the House 

12 of Representatives, and the Office of Personnel Manage13 ment— 

14 ‘‘(i) a report with an explanation that justifies 

15 the need for the waivers in excess of that percent16 age; and 

17 ‘‘(ii) not later than 180 days after submitting 

18 the report under clause (i), a succession plan. 

19 ‘‘(5)(A) The Director of the Office of Personnel Man20 agement may promulgate regulations providing for the ad21 ministration of this subsection. 

22 ‘‘(B) Any regulations promulgated under subpara23 graph (A) may— 
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1 ‘‘(i) provide standards for the maintenance and 

2 form of necessary records of employment under this 

3 subsection; 

4 ‘‘(ii) to the extent not otherwise expressly pro5 hibited by law, require employing agencies to provide 

6 records of such employment to the Office or other 

7 employing agencies as necessary to ensure compli8 ance with paragraph (3); 

9 ‘‘(iii) authorize other administratively conven10 ient periods substantially equivalent to 12 months, 

11 such as 26 pay periods, to be used in determining 

12 compliance with paragraph (3)(B); 

13 ‘‘(iv) include such other administrative require14 ments as the Director of the Office of Personnel 

15 Management may find appropriate to provide for ef16 fective operation of, or to ensure compliance with, 

17 this subsection; and 

18 ‘‘(v) encourage the training and mentoring of 

19 employees by any limited time appointee employed 

20 under this subsection. 

21 ‘‘(6)(A) Any hours of training or mentoring of em22 ployees by any limited time appointee employed under this 

23 subsection shall not be included in the hours of service 

24 performed for purposes of paragraph (3), but those hours 

25 of training or mentoring may not exceed 520 hours. 
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1 ‘‘(B) If the primary service performed by any limited 

2 time appointee employed under this subsection is training 

3 or mentoring of employees, the hours of that service shall 

4 be included in the hours of service performed for purposes 

5 of paragraph (3). 

6 ‘‘(7) The authority of the head of an agency under 

7 this subsection to waive the application of subsection (a) 

8 shall terminate 5 years after the date of enactment of the 

9 Part-Time Reemployment of Annuitants Act of 2009.’’; 

10 and 

11 (3) in subsection (j) (as so redesignated)— 

12 (A) in paragraph (1), by striking ‘‘(h)’’ 

13 and inserting ‘‘(i)’’; and 

14 (B) in paragraph (2), by striking ‘‘or (h)’’ 

15 and inserting ‘‘(h), or (i)’’. 

16 (c) RULE OF CONSTRUCTION.—Nothing in the 

17 amendments made by this section may be construed to au18 thorize the waiver of the hiring preferences under chapter 

19 33 of title 5, United States Code in selecting annuitants 

20 to employ in an appointive or elective position. 

21 (d) TECHNICAL AND CONFORMING AMENDMENTS.— 

22 Section 1005(d)(2) of title 39, United States Code, is 

23 amended— 

24 (1) by striking ‘‘(l)(2)’’ and inserting ‘‘(m)(2)’’; 

25 and 
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1 (2) by striking ‘‘(i)(2)’’ and inserting ‘‘(j)(2)’’. 

2 SEC. 1163. GENERAL ACCOUNTABILITY OFFICE REPORT. 

3 (a) IN GENERAL.—Not later than 3 years after the 

4 date of enactment of this Act, the Comptroller General 

5 of the United States shall submit to the Committee on 

6 Homeland Security and Governmental Affairs of the Sen7 ate and the Committee on Oversight and Government Re8 form of the House of Representatives a report regarding 

9 the use of the authority under the amendments made by 

10 section 1162. 

11 (b) CONTENTS.—The report submitted under sub12 section (a) shall— 

13 (1) include the number of annuitants for whom 

14 a waiver was made under subsection (l) of section 

15 8344 of title 5, United States Code, as amended by 

16 this subtitle, or subsection (i) of section 8468 of title 

17 5, United States Code, as amended by this subtitle; 

18 and 

19 (2) identify each agency that used the authority 

20 described in paragraph (1). 

21 (c) AGENCY DATA.—Each head of an agency (as de22 fined under sections 8344(l)(1) and 8468(i)(1)(A) of title 

23 5, United States Code, as added by section 1162 of this 

24 subtitle) shall— 
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1 (1) collect and maintain data necessary for pur2 poses of the Comptroller General report submitted 

3 under subsection (a); and 

4 (2) submit to the Comptroller General that data 

5 as the Comptroller General requires in a timely fash6 ion. 

7 TITLE XII—MATTERS RELATING 

8 TO FOREIGN NATIONS 

9 Subtitle A—Assistance and 

10 Training 

11 SEC. 1201. INCREASE IN UNIT COST THRESHOLD FOR PUR12 CHASES USING CERTAIN FUNDS UNDER THE 

13 COMBATANT COMMANDER INITIATIVE FUND. 

14 (a) INCREASE.— 

15 (1) IN GENERAL.—Subsection (e)(1)(A) of sec16 tion 166a of title 10, United States Code, is amend17 ed by striking ‘‘$15,000’’ and inserting ‘‘the invest18 ment unit threshold in effect under section 2245a of 

19 this title’’. 

20 (2) EFFECTIVE DATE.—The amendment made 

21 by paragraph (1) shall take effect on October 1, 

22 2009, and shall apply with respect to funds available 

23 under the Combatant Commander Initiative Fund 

24 for fiscal years that being on or after that date. 

25 (b) CLARIFYING AMENDMENTS.— 
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1 (1) CLERICAL AMENDMENT.—The section head2 ing of such section is amended to read as follows: 

3 ‘‘§ 166a. Combatant commands: funding through the 

4 Chairman of the Joint Chiefs of Staff 

5 from Combatant Commander Initiative 

6 Fund’’. 

7 (2) TABLE OF SECTIONS.—The table of sections 

8 at the beginning of chapter 6 of such title is amend9 ed by striking the item relating to section 166a and 

10 inserting the following new item: 

‘‘166a. Combatant commands: funding through the Chairman of the Joint 

Chiefs of Staff from Combatant Commander Initiative Fund.’’. 

11 SEC. 1202. AUTHORITY TO PROVIDE ADMINISTRATIVE 

12 SERVICES AND SUPPORT TO COALITION LIAI13 SON OFFICERS OF CERTAIN FOREIGN NA14 TIONS ASSIGNED TO UNITED STATES JOINT 

15 FORCES COMMAND. 

16 (a) EXTENSION OF AUTHORITY.—Subsection (a) of 

17 section 1051a of title 10, United States Code, is amend18 ed— 

19 (1) by striking ‘‘assigned temporarily’’ and in20 serting ‘‘assigned temporarily as follows:’’; 

21 (2) by designating the remainder of the text of 

22 that subsection as paragraph (1) and indenting that 

23 text two ems from the left margin; 
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1 (3) in paragraph (1), as so designated, by strik2 ing ‘‘to the headquarters’’ and inserting ‘‘To the 

3 headquarters’’; and 

4 (4) by adding at the end the following new 

5 paragraph: 

6 ‘‘(2) To the headquarters of the combatant 

7 command assigned by the Secretary of Defense the 

8 mission of joint warfighting experimentation and 

9 joint forces training.’’. 

10 (b) EFFECTIVE DATE.—Paragraph (2) of section 

11 1051a(a) of title 10, United States Code (as added by sub12 section (a)), shall take effect on October 1, 2009, or the 

13 date of the enactment of this Act, whichever is later. 

14 SEC. 1203. MODIFICATION OF AUTHORITIES RELATING TO 

15 PROGRAM TO BUILD THE CAPACITY OF FOR16 EIGN MILITARY FORCES. 

17 (a) TEMPORARY LIMITATION ON AMOUNT FOR

18 BUILDING CAPACITY FOR MILITARY AND STABILITY OP19 ERATIONS.—Section 1206(c) of the National Defense Au20 thorization Act for Fiscal Year 2006 (Public Law 109– 

21 163; 119 Stat. 3456), as amended by section 1206 of the 

22 John Warner National Defense Authorization Act for Fis23 cal Year 2007 (Public Law 109–364; 120 Stat. 2418) and 

24 section 1206 of the Duncan Hunter National Defense Au25 thorization Act for Fiscal Year 2009 (Public Law 110– 
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1 417; 122 Stat. 4625), is further amended by adding at 

2 the end the following new paragraph: 

3 ‘‘(5) TEMPORARY LIMITATION ON AMOUNT FOR

4 BUILDING CAPACITY TO PARTICIPATE IN OR SUP5 PORT MILITARY AND STABILITY OPERATIONS.—Of 

6 the funds used to carry out a program under sub7 section (a), not more than $75,000,000 may be used 

8 during fiscal year 2010, and not more than 

9 $75,000,000 may be used during fiscal year 2011, 

10 for purposes described in subsection (a)(1)(B).’’. 

11 (b) EFFECTIVE DATE.—The amendment made by 

12 subsection (a) shall take effect on October 1, 2009, and 

13 shall apply with respect to programs under section 

14 1206(a) of the National Defense Authorization Act for 

15 Fiscal Year 2006 that begin on or after that date. 

16 SEC. 1204. MODIFICATION OF NOTIFICATION AND REPORT17 ING REQUIREMENTS FOR USE OF AUTHORITY 

18 FOR SUPPORT OF SPECIAL OPERATIONS TO 

19 COMBAT TERRORISM. 

20 (a) NOTIFICATION.—Section 1208(c) of the Ronald 

21 W. Reagan National Defense Authorization Act for Fiscal 

22 Year 2005 (Public Law 108–375; 118 Stat. 2086), as 

23 amended by section 1208(b) of the Duncan Hunter Na24 tional Defense Authorization Act for Fiscal Year 2009 
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1 (Public Law 110–417; 122 Stat. 4626), is further amend2 ed to read as follows: 

3 ‘‘(c) NOTIFICATION.— 

4 ‘‘(1) SUPPORT FOR FOREIGN FORCES.—The 

5 Secretary of Defense shall notify the congressional 

6 defense committees expeditiously, and in any event 

7 not later than 48 hours, after— 

8 ‘‘(A) using the authority provided in sub9 section (a) to make funds available for foreign 

10 forces in support of an approved military oper11 ation; or 

12 ‘‘(B) changing the scope or funding level of 

13 any such support. 

14 ‘‘(2) SUPPORT FOR IRREGULAR FORCES, 

15 GROUPS, OR INDIVIDUALS.—The Secretary of De16 fense may not exercise the authority provided in sub17 section (a) to make funds available for irregular 

18 forces or a group (other than foreign forces) or indi19 vidual in support of an approved military operation, 

20 or change the scope or funding level of such support, 

21 until 72 hours after notifying the congressional de22 fense committees of the use of such authority with 

23 respect to that operation or such change in scope or 

24 funding level. 
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1 ‘‘(3) CONTENT.—Notifications required under 

2 this subsection shall include the following informa3 tion: 

4 ‘‘(A) The type of support provided or to be 

5 provided to United States special operations 

6 forces. 

7 ‘‘(B) The type of support provided or to be 

8 provided to the recipient of the funds. 

9 ‘‘(C) The intended duration of the support. 

10 ‘‘(D) The amount obligated under the au11 thority to provide support.’’. 

12 (b) ANNUAL REPORT.—Section 1208(f) of the Ron13 ald W. Reagan National Defense Authorization Act for 

14 Fiscal Year 2005 (Public Law 108–375; 118 Stat. 2086) 

15 is amended in the second sentence by striking ‘‘shall de16 scribe the support’’ and all that follows through the period 

17 at the end and inserting ‘‘shall include the following infor18 mation: 

19 ‘‘(1) A description of supported operations. 

20 ‘‘(2) A summary of operations. 

21 ‘‘(3) The type of recipients that received sup22 port, identified by authorized category (foreign 

23 forces, irregular forces, groups, or individuals). 

24 ‘‘(4) The total amount obligated in the previous 

25 fiscal year, including budget details. 
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1 ‘‘(5) The total amount obligated in prior fiscal 

2 years. 

3 ‘‘(6) The intended duration of support. 

4 ‘‘(7) A description of support or training pro5 vided to the recipients of support. 

6 ‘‘(8) A value assessment of the operational sup7 port provided.’’. 

8 SEC. 1205. MODIFICATION OF AUTHORITY FOR REIMBURSE9 MENT OF CERTAIN COALITION NATIONS FOR 

10 SUPPORT PROVIDED TO UNITED STATES 

11 MILITARY OPERATIONS. 

12 (a) EXPANSION OF AUTHORITY.—Section 1233 of 

13 the National Defense Authorization Act for Fiscal Year 

14 2008 (Public Law 110–181; 122 Stat. 393) is amended— 

15 (1) by redesignating subsections (b), (c), and 

16 (d) as subsections (c), (d), and (e), respectively; and 

17 (2) by striking subsection (a) and inserting the 

18 following new subsections: 

19 ‘‘(a) REIMBURSEMENT.— 

20 ‘‘(1) IN GENERAL.—Using applicable funds re21 ferred to in paragraph (2), the Secretary of Defense 

22 may reimburse any key cooperating nation for the 

23 following: 

24 ‘‘(A) During fiscal year 2008, logistical 

25 and military support provided by that nation to 
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1 or in connection with United States military op2 erations in Operation Iraqi Freedom or Oper3 ation Enduring Freedom. 

4 ‘‘(B) During fiscal year 2010, logistical, 

5 military, and other support, including access, 

6 provided by that nation to or in connection with 

7 United States military operations described in 

8 subparagraph (A). 

9 ‘‘(2) COVERED FUNDS.—The funds referred to 

10 in this subsection are the following: 

11 ‘‘(A) For purposes of paragraph (1)(A), 

12 amounts authorized to be appropriated for fis13 cal year 2008 by section 1508 for operation and 

14 maintenance. 

15 ‘‘(B) For purposes of paragraph (1)(B), 

16 amounts authorized to be appropriated for fis17 cal year 2010 by section 1507(5) for operation 

18 and maintenance, Defense-wide activities. 

19 ‘‘(b) OTHER SUPPORT.—Using funds described in 

20 subsection (a)(2)(B), the Secretary of Defense may also 

21 assist any key cooperating nation supporting United 

22 States military operations in Operation Iraqi Freedom or 

23 Operation Enduring Freedom in Afghanistan through the 

24 following: 
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1 ‘‘(1) The provision of specializing training to 

2 personnel of that nation in connection with such op3 erations, including training of such personnel before 

4 deployment in connection with such operations. 

5 ‘‘(2) The procurement and provision of supplies 

6 to that nation in connection with such operations. 

7 ‘‘(3) The procurement of specialized equipment 

8 and the loaning of such specialized equipment to 

9 that nation on a non-reimbursable basis in connec10 tion with such operations.’’. 

11 (b) AMOUNTS OF SUPPORT.—Paragraph (2) of sub12 section (c) of such section, as redesignated by subsection 

13 (a)(1) of this section, is amended to read as follows: 

14 ‘‘(2) SUPPORT.—Support authorized by sub15 section (b) may be provided in such amounts as the 

16 Secretary of Defense, with the concurrence of the 

17 Secretary of State and in consultation with the Di18 rector of the Office of Management and Budget, 

19 considers appropriate.’’. 

20 (c) LIMITATIONS ON AMOUNTS DURING FISCAL

21 YEAR 2010.—Paragraph (1) of subsection (d) of such sec22 tion, as so redesignated, is amended to read as follows: 

23 ‘‘(1) LIMITATIONS ON AMOUNTS.—(A) The 

24 total amount of reimbursements made under the au-
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1 thority in subsection (a) during fiscal year 2008 may 

2 not exceed $1,200,000,000. 

3 ‘‘(B) The aggregate amount of reimbursements 

4 made under subsection (a) and support provided 

5 under subsection (b) during fiscal year 2010 may 

6 not exceed $1,600,000,000.’’. 

7 (d) NOTICE TO CONGRESS.—Subsection (e) of such 

8 section, as so redesignated, is amended by striking 

9 ‘‘shall—’’ and all that follows and inserting ‘‘shall notify 

10 the congressional defense committees not later than 15 

11 days before making any reimbursement under the author12 ity in subsection (a) or providing any support under the 

13 authority in subsection (b).’’. 

14 (e) REPORTS.—Such section is further amended by 

15 adding at the end the following new subsection: 

16 ‘‘(f) REPORTS.—The Secretary of Defense shall sub17 mit to the congressional defense committees on a quarterly 

18 basis a report on any reimbursements made under the au19 thority in subsection (a), and any support provided under 

20 the authority in subsection (b), during such quarter.’’. 

21 (f) EXTENSION OF NOTICE ON REIMBURSEMENT OF

22 PAKISTAN FOR SUPPORT PROVIDED BY PAKISTAN.—Sec23 tion 1232(b)(6) of the National Defense Authorization Act 

24 for Fiscal Year 2008 (122 Stat. 393), as amended by sec25 tion 1217 of the Duncan Hunter National Defense Au-
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1 thorization Act for Fiscal Year 2009 (Public Law 110– 

2 417; 122 Stat. 4634), is further amended by striking 

3 ‘‘September 30, 2010’’ and inserting ‘‘September 30, 

4 2011’’. 

5 SEC. 1206. ONE-YEAR EXTENSION AND EXPANSION OF COM6 MANDERS’ EMERGENCY RESPONSE PRO7 GRAM. 

8 (a) SENSE OF CONGRESS.—It is the sense of Con9 gress that— 

10 (1) the Commanders’ Emergency Response Pro11 gram provides United States military commanders in 

12 theater a valuable tool for accomplishing the coun13 terinsurgency mission in Iraq and Afghanistan by 

14 enabling military commanders to fund urgent hu15 manitarian relief and reconstruction requirements by 

16 carrying out programs that will immediately assist 

17 the people of those countries; and 

18 (2) United States military commanders utilizing 

19 Commanders’ Emergency Response Program funds 

20 in Afghanistan, and Provincial Reconstruction 

21 Teams in Afghanistan using such funds or other 

22 United States humanitarian or reconstruction assist23 ance, should whenever possible coordinate the fund24 ing of projects with local councils, particularly Com25 munity Development Councils established under the 
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1 Afghanistan National Solidarity Program, and take 

2 actions that promote the importance and effective3 ness of local and national government entities. 

4 (b) ONE-YEAR EXTENSION OF AUTHORITY.— 

5 (1) AUTHORITY FOR FISCAL YEAR 2010.—Sub6 section (a) of section 1202 of the National Defense 

7 Authorization Act for Fiscal Year 2006 (Public Law 

8 109–163; 119 Stat. 3455), as amended by section 

9 1205 of the National Defense Authorization Act for 

10 Fiscal Year 2008 (Public Law 110–181; 122 Stat. 

11 366) and section 1214 of the Duncan Hunter Na12 tional Defense Authorization Act for Fiscal Year 

13 2009 (Public Law 110–417; 122 Stat. 4630), is fur14 ther amended— 

15 (A) in the subsection heading, by striking 

16 ‘‘FISCAL YEARS 2008 AND 2009’’ and inserting 

17 ‘‘FISCAL YEAR 2010’’; 

18 (B) by striking ‘‘each of fiscal years 2008 

19 and 2009’’ and inserting ‘‘fiscal year 2010’’; 

20 (C) by striking ‘‘for such fiscal year’’; and 

21 (D) by striking ‘‘$1,700,000,000 in fiscal 

22 year 2008 and $1,500,000,000 in fiscal year 

23 2009’’ and inserting ‘‘$1,400,000,000’’. 
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1 (2) EFFECTIVE DATE.—The amendments made 

2 by paragraph (1) shall take effect on October 1, 

3 2009. 

4 (c) EXTENSION OF DUE DATE FOR QUARTERLY RE5 PORTS.—Subsection (b)(1) of such section is amended— 

6 (1) by striking ‘‘15 days’’ and inserting ‘‘30 

7 days’’; and 

8 (2) by striking ‘‘fiscal years 2008 and 2009’’ 

9 and inserting ‘‘any fiscal year during which the au10 thority under subsection (a) is in effect’’. 

11 (d) AUTHORITY TO TRANSFER FUNDS FOR SUPPORT

12 OF AFGHANISTAN NATIONAL SOLIDARITY PROGRAM.— 

13 Such section is further amended— 

14 (1) by redesignating subsection (g) as sub15 section (h); and 

16 (2) by inserting after subsection (f) the fol17 lowing new subsection (g): 

18 ‘‘(g) AUTHORITY TO TRANSFER FUNDS FOR SUP19 PORT OF AFGHANISTAN NATIONAL SOLIDARITY PRO20 GRAM.— 

21 ‘‘(1) AUTHORITY.—If the Secretary of Defense 

22 determines that the use of Commanders’ Emergency 

23 Response Program funds to support the Afghanistan 

24 National Solidarity Program would enhance counter25 insurgency operations or stability operations in Af-
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1 ghanistan, the Secretary of Defense may transfer 

2 funds, from amounts available for the Commanders’ 

3 Emergency Response Program for fiscal year 2010, 

4 to the Secretary of State for purposes of supporting 

5 the Afghanistan National Solidarity Program. 

6 ‘‘(2) LIMITATION.—The amount of funds 

7 transferrable under paragraph (1) may not exceed 

8 $100,000,000. 

9 ‘‘(3) CONGRESSIONAL NOTIFICATION.—Not 

10 later than 15 days before transferring funds under 

11 paragraph (1), the Secretary of Defense shall submit 

12 to the congressional defense committees a report set13 ting forth the Secretary’s determination pursuant to 

14 paragraph (1) and a description of the amount of 

15 funds to be transferred under that paragraph.’’. 

16 (e) TECHNICAL AMENDMENTS.—Subsections (e)(1) 

17 and (f)(1) of such section are amended by striking ‘‘the 

18 date of the enactment of the Duncan Hunter National De19 fense Authorization Act for Fiscal Year 2009’’ and insert20 ing ‘‘October 14, 2008,’’. 

21 SEC. 1207. ONE-YEAR EXTENSION OF AUTHORITY FOR SE22 CURITY AND STABILIZATION ASSISTANCE. 

23 Section 1207(g) of the National Defense Authoriza24 tion Act for Fiscal Year 2006 (Public Law 109–163; 119 

25 Stat. 3458), as amended by section 1210 of the National 
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1 Defense Authorization Act for Fiscal Year 2008 (Public 

2 Law 110–181; 122 Stat. 369) and section 1207 of the 

3 Duncan Hunter National Defense Authorization Act for 

4 Fiscal Year 2009 (Public Law 110–417; 122 Stat. 4625), 

5 is further amended by striking ‘‘September 30, 2009’’ and 

6 inserting ‘‘September 30, 2010’’. 

7 SEC. 1208. AUTHORITY FOR NON-RECIPROCAL EXCHANGES 

8 OF DEFENSE PERSONNEL BETWEEN THE 

9 UNITED STATES AND FOREIGN COUNTRIES. 

10 (a) AUTHORITY TO ENTER INTO NON-RECIPROCAL

11 INTERNATIONAL EXCHANGE AGREEMENTS.— 

12 (1) IN GENERAL.—The Secretary of Defense 

13 may enter into non-reciprocal international defense 

14 personnel exchange agreements. 

15 (2) INTERNATIONAL DEFENSE PERSONNEL EX16 CHANGE AGREEMENTS DEFINED.—For purposes of 

17 this section, an international defense personnel ex18 change agreement is an agreement with the govern19 ment of an ally of the United States or another 

20 friendly foreign country for the exchange of military 

21 and civilian personnel of the defense ministry of that 

22 foreign government. 

23 (b) ASSIGNMENT OF PERSONNEL.— 

24 (1) IN GENERAL.—Pursuant to a non-reciprocal 

25 international defense personnel exchange agreement, 
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1 personnel of the defense ministry of a foreign gov2 ernment may be assigned to positions in the Depart3 ment of Defense. 

4 (2) MUTUAL AGREEMENT REQUIRED.—An indi5 vidual may not be assigned to a position pursuant 

6 to a non-reciprocal international defense personnel 

7 exchange agreement unless the assignment is accept8 able to both governments. 

9 (c) PAYMENT OF PERSONNEL COSTS.— 

10 (1) IN GENERAL.—The foreign government 

11 with which the United States has entered into a 

12 non-reciprocal international defense personnel ex13 change agreement shall pay the salary, per diem, 

14 cost of living, travel costs, cost of language or other 

15 training, and other costs for its personnel in accord16 ance with the applicable laws and regulations of 

17 such government. 

18 (2) EXCLUDED COSTS.—Paragraph (1) does 

19 not apply to the following costs: 

20 (A) The cost of training programs con21 ducted to familiarize, orient, or certify ex22 changed personnel regarding unique aspects of 

23 the assignments of the exchanged personnel. 
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1 (B) Costs incident to the use of facilities of 

2 the United States Government in the perform3 ance of assigned duties. 

4 (d) PROHIBITED CONDITIONS.—No personnel ex5 changed pursuant to a non-reciprocal agreement under 

6 this section may take or be required to take an oath of 

7 allegiance or to hold an official capacity in the govern8 ment. 

9 (e) DURATION OF AUTHORITY.—The authority under 

10 this section shall expire on December 31, 2011. 

11 SEC. 1209. DEFENSE COOPERATION BETWEEN THE UNITED 

12 STATES AND IRAQ. 

13 (a) FINDINGS.—The Senate makes the following 

14 findings: 

15 (1) As United States forces continue their rede16 ployment from Iraq, the quality of the Iraqi Security 

17 Forces and the nature of their training and equip18 ment will play an increasingly important role. 

19 (2) Despite the decrease in violence in Iraq, 

20 Iraq continues to face formidable threats to its na21 tional security. 

22 (3) There are many benefits to the United 

23 States and Iraq resulting from the strategic relation24 ship that exists between the two nations. 
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1 (4) Enhancing the capabilities of the Iraqi Se2 curity Forces and strengthening the defense co3 operation between the United States and Iraq will 

4 help ensure that Iraq has the military strength and 

5 political support necessary to enhance its internal 

6 and regional security. 

7 (b) AVAILABILITY OF PROFESSIONAL MILITARY

8 EDUCATION FOR IRAQ SECURITY FORCES.—The Sec9 retary of Defense shall endeavor to increase the number 

10 of positions in professional military education courses, in11 cluding courses at command and general staff colleges, 

12 war colleges, and the service academies, that are made 

13 available annually to personnel of the security forces of 

14 the Government of Iraq. 

15 SEC. 1210. REPORT ON ALTERNATIVES TO USE OF ACQUISI16 TION AND CROSS-SERVICING AGREEMENTS 

17 TO LEND MILITARY EQUIPMENT FOR PER18 SONNEL PROTECTION AND SURVIVABILITY. 

19 (a) REPORT REQUIRED.—Not later than 90 days 

20 after the date of the enactment of this Act, the Secretary 

21 of Defense shall submit to the congressional defense com22 mittees a report setting forth and assessing various alter23 natives to the use of acquisition and cross-servicing agree24 ments pursuant to the temporary authority in section 

25 1202 of the John Warner National Defense Authorization 
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1 Act for Fiscal Year 2007 (Public Law 109–364; 120 Stat. 

2 2412), as amended by section 1252 of the National De3 fense Authorization Act for Fiscal Year 2008 (Public Law 

4 110–181; 122 Stat. 402), for purposes of lending covered 

5 military equipment to military forces of nations as follows: 

6 (1) A nation participating in combined oper7 ations with the United States in Iraq and Afghani8 stan. 

9 (2) A nation participating in combined oper10 ations with the United States as part of a peace11 keeping operation under the Charter of the United 

12 Nations or another international agreement. 

13 (b) COVERED MILITARY EQUIPMENT DEFINED.—In 

14 this section, the term ‘‘covered military equipment’’ has 

15 the meaning given that term in section 1202(d)(1) of the 

16 John Warner National Defense Authorization Act for Fis17 cal Year 2007. 

18 SEC. 1211. ENSURING IRAQI SECURITY THROUGH DEFENSE 

19 COOPERATION BETWEEN THE UNITED 

20 STATES AND IRAQ. 

21 The President may treat an undertaking by the Gov22 ernment of Iraq that is made between the date of the en23 actment of this Act and December 31, 2011, as a depend24 able undertaking described in section 22(a) of the Arms 

25 Export Control Act (22 U.S.C. 2762(a)) for purposes of 
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1 entering into contracts for the procurement of defense ar2 ticles and defense services as provided for in that section. 

3 SEC. 1212. AVAILABILITY OF APPROPRIATED FUNDS FOR 

4 THE STATE PARTNERSHIP PROGRAM. 

5 (a) AVAILABILITY OF APPROPRIATED FUNDS.—The 

6 Secretary of Defense may, under regulations prescribed by 

7 the Secretary, use funds appropriated to the Department 

8 of Defense for fiscal year 2010 to pay the costs incurred 

9 by the National Guard (including the costs of pay and al10 lowances of members of the National Guard) in con11 ducting activities under the State Partnership Program— 

12 (1) to support the objectives of the commander 

13 of the combatant command for the theater of oper14 ations in which such activities are conducted; or 

15 (2) to build international civil-military partner16 ships and capacity on matters relating to defense 

17 and security. 

18 (b) LIMITATIONS.— 

19 (1) APPROVAL BY COMMANDER OF COMBATANT

20 COMMAND AND CHIEF OF MISSION.—Funds shall not 

21 be available under subsection (a) for activities con22 ducted under the State Partnership Program in a 

23 foreign country unless such activities are jointly ap24 proved by the commander of the combatant com25 mand concerned and the chief of mission concerned. 
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1 (2) PARTICIPATION BY MEMBERS.—Funds shall 

2 not be available under subsection (a) for the partici3 pation of a member of the National Guard in activi4 ties conducted under the State Partnership Program 

5 in a foreign country unless the member is on active 

6 duty in the Armed Forces at the time of such par7 ticipation. 

8 (c) REIMBURSEMENT.—In the event of the participa9 tion of personnel of a department or agency of the United 

10 States Government (other than the Department of De11 fense) in activities for which payment is made under sub12 section (a), the head of such department or agency shall 

13 reimburse the Secretary of Defense for the costs associ14 ated with the participation of such personnel in such ac15 tivities. Amounts reimbursed the Department of Defense 

16 under this subsection shall be deposited in the appropria17 tion or account from which amounts for the payment con18 cerned were derived. Any amounts so deposited shall be 

19 merged with amounts in such appropriation or account, 

20 and shall be available for the same purposes, and subject 

21 to the same conditions and limitations, as amounts in such 

22 appropriation or account. 
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1 SEC. 1213. AUTHORITY TO TRANSFER DEFENSE ARTICLES 

2 AND PROVIDE DEFENSE SERVICES TO THE 

3 MILITARY AND SECURITY FORCES OF IRAQ 

4 AND AFGHANISTAN. 

5 (a) AUTHORITY.—The President is authorized to 

6 transfer defense articles from the stocks of the Depart7 ment of Defense, and to provide defense services in con8 nection with the transfer of such defense articles, to— 

9 (1) the military and security forces of Iraq to 

10 support the efforts of those forces to restore and 

11 maintain peace and security in that country; and 

12 (2) the military and security forces of Afghani13 stan to support the efforts of those forces to restore 

14 and maintain peace and security in that country. 

15 (b) LIMITATIONS.— 

16 (1) VALUE.—The aggregate replacement value 

17 of all defense articles transferred and defense serv18 ices provided under subsection (a) may not exceed 

19 $500,000,000. 

20 (2) SOURCE OF TRANSFERRED DEFENSE ARTI21 CLES.—The authority under subsection (a) may only 

22 be used for defense articles that— 

23 (A) immediately before the transfer were 

24 in use to support operations in Iraq; 

25 (B) were present in Iraq as of the date of 

26 enactment of this Act; and 
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1 (C) are no longer required by United 

2 States forces in Iraq. 

3 (c) APPLICABLE LAW.—Any defense articles trans4 ferred or defense services provided to Iraq or Afghanistan 

5 under the authority of subsection (a) shall be subject to 

6 the authorities and limitations applicable to excess defense 

7 articles under section 516 of the Foreign Assistance Act 

8 of 1961 (22 U.S.C. 2321j), other than the authorities and 

9 limitations contained in subsections (b)(1)(B), (e), (f), and 

10 (g) of such section. 

11 (d) REPORT.— 

12 (1) IN GENERAL.—The President may not exer13 cise the authority under subsection (a) until 30 days 

14 after the Secretary of Defense, with the concurrence 

15 of the Secretary of State, provides the appropriate 

16 congressional committees a report on the plan for 

17 the disposition of equipment and other property of 

18 the Department of Defense in Iraq. 

19 (2) ELEMENTS OF REPORT.—The report re20 quired under paragraph (1) shall include the fol21 lowing elements: 

22 (A) An assessment of— 

23 (i) the types and quantities of defense 

24 articles required by the military and secu25 rity forces of Iraq to support the efforts of 
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1 those military and security forces to re2 store and maintain peace and security in 

3 Iraq; and 

4 (ii) the types and quantities of defense 

5 articles required by the military and secu6 rity forces of Afghanistan to support the 

7 efforts of those military and security forces 

8 to restore and maintain peace and security 

9 in Afghanistan. 

10 (B) A description of the authorities avail11 able for addressing the requirements identified 

12 in subparagraph (A). 

13 (C) A description of the process for 

14 inventorying equipment and property, including 

15 defense articles, in Iraq owned by the Depart16 ment of Defense, including equipment and 

17 property owned by the Department of Defense 

18 and under the control of contractors in Iraq. 

19 (D) A description of the types of defense 

20 articles that the Department of Defense intends 

21 to transfer to the military and security forces of 

22 Iraq and an estimate of the quantity of such 

23 defense articles to be transferred. 

24 (E) A description of the process by which 

25 potential requirements for defense articles to be 
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1 transferred under the authority provided in sub2 section (a), other than the requirements of the 

3 security forces of Iraq or Afghanistan, are iden4 tified and the mechanism for resolving any po5 tential conflicting requirements for such defense 

6 articles. 

7 (F) A description of the plan, if any, for 

8 reimbursing military departments from which 

9 non-excess defense articles are transferred 

10 under the authority provided in subsection (a). 

11 (G) An assessment of the efforts by the 

12 Government of Iraq to identify the require13 ments of the military and security forces of 

14 Iraq for defense articles to support the efforts 

15 of those forces to restore and maintain peace 

16 and security in that country. 

17 (H) An assessment of the ability of the 

18 Governments of Iraq and Afghanistan to absorb 

19 the costs associated with possessing and using 

20 the defense articles to be transferred. 

21 (I) A description of the steps taken by the 

22 Government of Iraq to procure or acquire de23 fense articles to meet the requirements of the 

24 military and security forces of Iraq, including 

25 through military sales from the United States. 
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1 (e) NOTIFICATION.— 

2 (1) IN GENERAL.—The President may not 

3 transfer defense articles or provide defense services 

4 under subsection (a) until 15 days after the date on 

5 which the President has provided notice of the pro6 posed transfer of defense articles or provision of de7 fense services to the appropriate congressional com8 mittees. 

9 (2) CONTENTS.—Such notification shall in10 clude— 

11 (A) a description of the amount and type 

12 of each defense article to be transferred or de13 fense services to be provided; 

14 (B) a statement describing the current 

15 value of such article and the estimated replace16 ment value of such article; 

17 (C) an identification of the military depart18 ment from which the defense articles being 

19 transferred are drawn; 

20 (D) an identification of the element of the 

21 military or security force that is the proposed 

22 recipient of each defense article to be trans23 ferred or defense service to be provided; 

24 (E) an assessment of the impact of the 

25 transfer on the national technology and indus-
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1 trial base and, particularly, the impact on op2 portunities of entities in the national technology 

3 and industrial base to sell new or used equip4 ment to the countries to which such articles are 

5 to be transferred; and 

6 (F) a certification by the President that— 

7 (i) the Secretary of Defense has deter8 mined that— 

9 (I) the defense articles to be 

10 transferred are no longer required by 

11 United States forces in Iraq; 

12 (II) the proposed transfer of such 

13 defense articles will not adversely im14 pact the military preparedness of the 

15 United States; 

16 (III) immediately before the 

17 transfer, the defense articles to be 

18 transferred were being used to sup19 port operations in Iraq; 

20 (IV) the defense articles to be 

21 transferred were present in Iraq as of 

22 the date of enactment of this Act; and 

23 (V) the defense articles to be 

24 transferred are required by the mili25 tary and security forces of Iraq or the 
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1 military and security forces of Af2 ghanistan, as applicable, to build their 

3 capacity to restore and maintain 

4 peace and security in their country; 

5 (ii) the government of the recipient 

6 country has agreed to accept and take pos7 session of the defense articles to be trans8 ferred and to receive the defense services 

9 in connection with that transfer; and 

10 (iii) the proposed transfer of such de11 fense articles and the provision of defense 

12 services in connection with such transfer is 

13 in the national interest of the United 

14 States. 

15 (f) QUARTERLY REPORT.—Not later than 90 days 

16 after the date of the report provided under subsection (d), 

17 and every 90 days thereafter during fiscal year 2010, the 

18 Secretary of Defense shall report to the appropriate con19 gressional committees on the implementation of the au20 thority under subsection (a). The report shall include the 

21 replacement value of defense articles transferred pursuant 

22 to subsection (a), both in the aggregate and by military 

23 department, and services provided to Iraq and Afghani24 stan during the previous 90 days. 

25 (g) DEFINITIONS.—In this section: 
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1 (1) APPROPRIATE CONGRESSIONAL COMMIT2 TEES.—The term ‘‘appropriate congressional com3 mittees’’ means— 

4 (A) the Committee on Appropriations, the 

5 Committee on Armed Services, and the Com6 mittee on Foreign Affairs of the House of Rep7 resentatives; and 

8 (B) the Committee on Appropriations, the 

9 Committee on Armed Services, and the Com10 mittee on Foreign Relations of the Senate. 

11 (2) DEFENSE ARTICLES.—The term ‘‘defense 

12 articles’’ has the meaning given the term in section 

13 644(d) of the Foreign Assistance Act of 1961 (22 

14 U.S.C. 2403(d)). 

15 (3) DEFENSE SERVICES.—The term ‘‘defense 

16 services’’ has the meaning given the term in section 

17 644(f) of such Act (22 U.S.C. 2403(f)). 

18 (4) MILITARY AND SECURITY FORCES.—The 

19 term ‘‘military and security forces’’ means national 

20 armies, national air forces, national navies, national 

21 guard forces, police forces and border security 

22 forces, but does not include non-governmental or ir23 regular forces (such as private militias). 
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1 (h) EXPIRATION.—The authority provided under sub2 section (a) may not be exercised after September 30, 

3 2010. 

4 (i) EXCESS DEFENSE ARTICLES.— 

5 (1) ADDITIONAL AUTHORITY.—The authority 

6 provided by subsection (a) is in addition to the au7 thority provided by Section 516 of the Foreign As8 sistance Act of 1961. 

9 (2) AGGREGATE VALUE.—The value of excess 

10 defense articles transferred to Iraq during fiscal year 

11 2010 pursuant to Section 516 of the Foreign Assist12 ance Act of 1961 shall not be counted against the 

13 limitation on the aggregate value of excess defense 

14 articles transferred contained in subsection (g) of 

15 such Act. 

16 SEC. 1214. CERTIFICATION REQUIREMENT FOR COALITION 

17 SUPPORT FUND REIMBURSEMENTS. 

18 Section 1232(b) of the National Defense Authoriza19 tion Act for Fiscal Year 2008 (Public Law 110–181; 122 

20 Stat. 392), as amended by section 1217 of the Duncan 

21 Hunter National Defense Authorization Act for Fiscal 

22 Year 2009 (Public Law 110–417; 122 Stat. 4634), is 

23 amended— 

24 (1) in paragraph (1)(A), by striking ‘‘the Sec25 retary of Defense shall submit’’ and inserting ‘‘the 
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1 Secretary of Defense, after consultation with the 

2 Secretary of State, shall submit’’; and 

3 (2) in paragraph (2)— 

4 (A) by redesignating subparagraphs (A), 

5 (B), and (C) as clauses (i), (ii), and (iii), re6 spectively, and indenting each clause, as so re7 designated, 6 ems from the left margin; 

8 (B) by striking ‘‘shall include an itemized 

9 description’’ and inserting the following: ‘‘shall 

10 include the following: 

11 ‘‘(A) An itemized description’’; and 

12 (C) by adding at the end the following new 

13 subparagraph: 

14 ‘‘(B) A certification that the reimburse15 ment— 

16 ‘‘(i) is consistent with the national se17 curity interests of the United States; and 

18 ‘‘(ii) will not adversely impact the bal19 ance of power in the region.’’. 

20 Subtitle B—Reports 

21 SEC. 1221. REPORT ON UNITED STATES ENGAGEMENT WITH 

22 IRAN. 

23 (a) IN GENERAL.—Not later than January 31, 2010, 

24 the President shall submit to Congress a report on United 

25 States engagement with Iran. 
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1 (b) ELEMENTS.—The report required by subsection 

2 (a) shall include the following: 

3 (1) DIPLOMATIC ENGAGEMENT.—With respect 

4 to diplomatic engagement, the following: 

5 (A) A description of areas of mutual inter6 est to the Government of the United States and 

7 the Government of the Islamic Republic of Iraq 

8 in which cooperation and discussion could be of 

9 mutual interest. 

10 (B) A discussion and assessment of the 

11 commitment of the Government of the Islamic 

12 Republic of Iran to engage in good-faith discus13 sions with the United States to resolve matters 

14 of concern through negotiation. 

15 (2) SUPPORT FOR TERRORISM AND EXTRE16 MISM.—With respect to support for terrorism and 

17 extremism, an assessment of the extent to which the 

18 Government of the Islamic Republic of Iran has sup19 ported or provided weapons, training, funding, or 

20 any other type of support or assistance for any des21 ignated Foreign Terrorist Organization as well as 

22 regional militant groups, and specific assessments of 

23 the support provided by the Government of the Is24 lamic Republic of Iran, or agencies under that gov-
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1 ernment, for insurgents or other militant groups in 

2 Iraq and Afghanistan. 

3 (3) NUCLEAR ACTIVITIES.—With respect to nu4 clear activities, an assessment of the extent to which 

5 the Government of the Islamic Republic of Iran 

6 has— 

7 (A) complied with United Nations Security 

8 Council Resolutions 1696 (2006), 1737 (2006), 

9 1747 (2007), 1803 (2008), and 1835 (2008), 

10 and with any other applicable Resolutions 

11 adopted by the United Nations Security Council 

12 as of the date of the report; 

13 (B) cooperated with the International 

14 Atomic Energy Agency (IAEA), including ful15 filling all requests of that Agency for access to 

16 information, documentation, locations, and indi17 viduals; 

18 (C) ratified and implemented the Addi19 tional Protocol to Iran’s Safeguards Agreement 

20 with the International Atomic Energy Agency, 

21 as requested by the Board of Governors of the 

22 International Atomic Energy Agency and the 

23 United Nations Security Council; and 

24 (D) committed to stop uranium enrichment 

25 activities and forego the reprocessing of spent 
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1 fuel, the production of heavy water, and the 

2 weaponization of fissile materials on a perma3 nent basis. 

4 (4) MISSILE ACTIVITIES.—With respect to mis5 sile activities, an assessment of the extent to which 

6 the Government of the Islamic Republic of Iran has 

7 continued development of its ballistic missile pro8 gram, including participation in any imports or ex9 ports of any items, materials, goods, and tech10 nologies related to that program and has complied 

11 with United Nations Security Council Resolutions 

12 1696, 1737, 1747, 1803, and 1835, as required by 

13 the United Nations Security Council. 

14 (5) SUPPORT TO ILLEGAL NARCOTICS NETWORK

15 IN AFGHANISTAN.—With respect to support to the 

16 illegal narcotics network in Afghanistan, an assess17 ment of the extent to which the Government of the 

18 Islamic Republic of Iran, or agencies under that gov19 ernment, has or have supported or facilitated the il20 legal narcotics trade in Afghanistan. 

21 (6) SANCTIONS AGAINST IRAN.—With regard to 

22 sanctions against Iran— 

23 (A) a list of all current United States bi24 lateral and multilateral sanctions against Iran; 
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1 (B) a description and discussion of United 

2 States diplomatic efforts to enforce bilateral 

3 and multilateral sanctions against Iran and to 

4 strengthen international efforts to enforce such 

5 sanctions; 

6 (C) an assessment of the impact and effec7 tiveness of existing bilateral and multilateral 

8 sanctions against Iran in achieving United 

9 States goals; 

10 (D) a list of all United States and foreign 

11 registered entities which the Secretary of State 

12 has determined to be in violation of existing 

13 United States bilateral or multilateral sanctions 

14 against Iran; 

15 (E) a detailed description of United States 

16 efforts to enforce sanctions against Iran, includ17 ing— 

18 (i) a list of all investigations initiated 

19 in the 18-month period ending on the date 

20 of the enactment of this Act that have re21 sulted in a determination that a violation 

22 of sanctions against Iran has occurred; and 

23 (ii) a description of the actions taken 

24 by the United States Government pursuant 

25 to each such determination; and 
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1 (F) a description of bilateral and multilat2 eral sanctions against Iran that are under con3 sideration, an assessment whether such addi4 tional sanctions against Iran would be effective, 

5 and, if so, a description of the actions being un6 dertaken to pursue such additional sanctions. 

7 (c) SUBMITTAL IN CLASSIFIED FORM.—The report 

8 required by subsection (a), or any part of such report, may 

9 be submitted in classified form if the President considers 

10 it appropriate. 

11 SEC. 1222. REPORT ON CUBA AND CUBA’S RELATIONS WITH 

12 OTHER COUNTRIES. 

13 Not later than 180 days after the date of the enact14 ment of this Act, the Director of National Intelligence 

15 shall provide to the defense and intelligence committees 

16 of the Congress a report addressing the following: 

17 (1) The cooperative agreements and relation18 ships that Cuba has with Iran, North Korea, and 

19 other states suspected of nuclear proliferation. 

20 (2) A detailed account of the economic support 

21 provided by Venezuela to Cuba and the intelligence 

22 and other support that Cuba provides to the govern23 ment of Hugo Chavez. 

24 (3) A review of the evidence of relationships be25 tween the Cuban government or any of its compo-
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1 nents with drug cartels or involvement in other drug 

2 trafficking activities. 

3 (4) The status and extent of Cuba’s clandestine 

4 activities in the United States. 

5 (5) The extent and activities of Cuban support 

6 for governments in Venezuela, Bolivia, Ecuador, 

7 Central America, and the Caribbean. 

8 (6) The status and extent of Cuba’s research 

9 and development program for biological weapons 

10 production. 

11 (7) The status and extent of Cuba’s 

12 cyberwarfare program. 

13 SEC. 1223. REPORT ON VENEZUELA. 

14 Not later than 180 days after the date of the enact15 ment of this Act, the Director of National Intelligence 

16 shall provide to the defense and intelligence committees 

17 of the Congress a report addressing the following: 

18 (1) An inventory of all weapons purchases by, 

19 and transfers to, the government of Venezuela and 

20 Venezuela’s transfers to other countries since 1998, 

21 particularly purchases and transfers of missiles, 

22 ships, submarines, and any other advanced systems. 

23 The report shall include an assessment of whether 

24 there is accountability of the purchases and trans25 fers with respect to the end-use and diversion of 
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1 such materiel to popular militias, other governments, 

2 or irregular armed forces. 

3 (2) The mining and shipping of Venezuelan 

4 uranium to Iran, North Korea, and other states sus5 pected of nuclear proliferation. 

6 (3) The extent to which Hugo Chavez and other 

7 Venezuelan officials and supporters of the Ven8 ezuelan government provide political counsel, col9 laboration, financial ties, refuge, and other forms of 

10 support, including military materiel, to the Revolu11 tionary Armed Forces of Colombia (FARC). 

12 (4) The extent to which Hugo Chavez and other 

13 Venezuelan officials provide funding, logistical and 

14 political support to the Islamist terrorist organiza15 tion Hezbollah. 

16 (5) Deployment of Venezuelan security or intel17 ligence personnel to Bolivia, including any role such 

18 personnel have in suppressing opponents of the gov19 ernment of Bolivia. 

20 (6) Venezuela’s clandestine material support for 

21 political movements and individuals throughout the 

22 Western Hemisphere with the objective of influ23 encing the internal affairs of nations in the Western 

24 Hemisphere. 
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1 (7) Efforts by Hugo Chavez and other officials 

2 or supporters of the Venezuelan government to con3 vert or launder funds that are the property of Ven4 ezuelan government agencies, instrumentalities, 

5 parastatals, including Petroleos de Venezuela, SA 

6 (PDVSA). 

7 (8) Covert payments by Hugo Chavez or offi8 cials or supporters of the Venezuelan government to 

9 foreign political candidates, government officials, or 

10 officials of international organizations for the pur11 pose of influencing the performance of their official 

12 duties. 

13 SEC. 1224. REPORT ON MILITARY POWER OF IRAN. 

14 (a) BIENNIAL REPORT.—Not later than March 31, 

15 2010, and in each even-numbered year thereafter until 

16 2020, the Secretary of Defense shall submit to Congress 

17 a report, in both classified and unclassified form, on the 

18 current and future military strategy of the Islamic Repub19 lic of Iran. The report shall address the current and prob20 able future course of military developments on the Army, 

21 Air Force, Navy, and Revolutionary Guard Corps of the 

22 Islamic Republic of Iran. 

23 (b) MATTERS TO BE INCLUDED.—The report re24 quired under subsection (a) shall include the following ele25 ments: 
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1 (1) As assessment of the grand strategy, secu2 rity strategy, and military strategy of the Govern3 ment of the Islamic Republic of Iran, including the 

4 following: 

5 (A) The goals of the grand strategy, secu6 rity strategy, and military strategy. 

7 (B) Aspects of the strategies that would be 

8 designed to establish Iran as the leading power 

9 in the Middle East and to enhance the influence 

10 of Iran in other regions of the world. 

11 (C) The security situation in the Persian 

12 Gulf and the Levant. 

13 (D) Iranian strategy regarding other coun14 tries in the Middle East region. 

15 (2) An assessment of the capabilities of the con16 ventional forces of the Government of the Islamic 

17 Republic of Iran, including the following: 

18 (A) The size, location, and capabilities of 

19 the conventional forces. 

20 (B) A detailed analysis of the conventional 

21 forces of the Government of the Islamic Repub22 lic of Iran facing United States forces in the re23 gion and other countries in the Middle East re24 gion. 
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1 (C) An estimate of the funding provided 

2 for each branch of the conventional forces of 

3 the Government of the Islamic Republic of Iran. 

4 (3) An assessment of the unconventional forces 

5 of the Government of the Islamic Republic of Iran, 

6 including the following: 

7 (A) The size and capability of special oper8 ations units, including the Iranian Revolu9 tionary Guard Corps-Quds Force. 

10 (B) The types and amount of support pro11 vided to groups designated by the United States 

12 as terrorist organizations in particular those 

13 forces that have been assessed as willing to 

14 carry out terrorist operations on behalf of the 

15 Islamic Republic of Iran. 

16 (C) A detailed analysis of the unconven17 tional forces of the Government of the Islamic 

18 Republic of Iran and their implications for the 

19 United States and other countries in the Middle 

20 East region. 

21 (D) An estimate of the amount of funds 

22 spent by the Government of the Islamic Repub23 lic of Iran to develop and support special oper24 ations forces and terrorist groups. 

25 (c) DEFINITIONS.—In this section: 
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1 (1) CONVENTIONAL FORCES OF THE GOVERN2 MENT OF IRAN.—The term ‘‘conventional forces of 

3 the Government of the Islamic Republic of Iran’’— 

4 (A) means military forces of the Islamic 

5 Republic of Iran designed to conduct operations 

6 on sea, air, or land, other than Iran’s unconven7 tional forces and Iran’s strategic missile forces; 

8 and 

9 (B) includes Iran’s Army, Iran’s Air 

10 Force, Iran’s Navy, and elements of the Iranian 

11 Revolutionary Guard Corps, other than the Ira12 nian Revolutionary Guard Corps-Quds Force. 

13 (2) MIDDLE EAST REGION.—The term ‘‘Middle 

14 East region’’ means— 

15 (A) the countries within the area of re16 sponsibility of United States Central Command; 

17 and 

18 (B) the countries within the area covered 

19 by the Bureau of Near Eastern Affairs of the 

20 Department of State. 

21 (3) UNCONVENTIONAL FORCES OF THE GOV22 ERNMENT OF IRAN.—The term ‘‘unconventional 

23 forces of the Government of the Islamic Republic of 

24 Iran’’— 
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1 (A) means forces of the Islamic Republic 

2 of Iran that carry out missions typically associ3 ated with special operations forces; and 

4 (B) includes— 

5 (i) the Iranian Revolutionary Guard 

6 Corps-Quds Force; and 

7 (ii) any organization that— 

8 (I) has been designated a ter9 rorist organization by the United 

10 States; 

11 (II) receives assistance from the 

12 Government of Iran; and 

13 (III)(aa) is assessed as being 

14 willing in some or all cases of carrying 

15 out attacks on behalf of the Govern16 ment of the Islamic Republic of Iran; 

17 or 

18 (bb) is assessed as likely to carry 

19 out attacks in response to a military 

20 attack by another country on the Is21 lamic Republic of Iran. 
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1 SEC. 1225. ANNUAL COUNTERTERRORISM STATUS RE2 PORTS. 

3 (a) SHORT TITLE.—This section may be cited as the 

4 ‘‘Success in Countering Al Qaeda Reporting Requirements 

5 Act of 2009’’. 

6 (b) ANNUAL COUNTERTERRORISM STATUS RE7 PORTS.— 

8 (1) IN GENERAL.—Not later than July 31, 

9 2010, and every July 31 thereafter, the President 

10 shall submit a report, to the Committee on Foreign 

11 Relations of the Senate, the Committee on Foreign 

12 Affairs of the House of Representatives, the Com13 mittee on Armed Services of the Senate, the Com14 mittee on Armed Services of the House of Rep15 resentatives, the Committee on Appropriations of the 

16 Senate, the Committee on Appropriations of the 

17 House of Representatives, the Select Committee on 

18 Intelligence of the Senate, and the Permanent Select 

19 Committee on Intelligence of the House of Rep20 resentatives, which contains, for the most recent 12- 

21 month period, a review of the counterterrorism strat22 egy of the United States Government, including— 

23 (A) a detailed assessment of the scope, sta24 tus, and progress of United States counterter25 rorism efforts in fighting Al Qaeda and its re-
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1 lated affiliates and undermining long-term sup2 port for violent extremism; 

3 (B) a judgment on the geographical region 

4 in which Al Qaeda and its related affiliates pose 

5 the greatest threat to the national security of 

6 the United States; 

7 (C) a judgment on the adequacy of inter8 agency integration of the counterterrorism pro9 grams and activities of the Department of De10 fense, the United States Special Operations 

11 Command, the Central Intelligence Agency, the 

12 Department of State, the Department of the 

13 Treasury, the Department of Homeland Secu14 rity, the Department of Justice, and other Fed15 eral departments and agencies; 

16 (D) an evaluation of the extent to which 

17 the counterterrorism efforts of the United 

18 States correspond to the plans developed by the 

19 National Counterterrorism Center and the goals 

20 established in overarching public statements of 

21 strategy issued by the executive branch; 

22 (E) a determination of whether the Na23 tional Counterterrorism Center exercises the 

24 authority and has the resources and expertise 

25 required to fulfill the interagency strategic and 
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1 operational planning role described in section 

2 119(j) of the National Security Act of 1947 (50 

3 U.S.C. 404o), as added by section 1012 of the 

4 National Security Intelligence Reform Act of 

5 2004 (title I of Public Law 108–458); 

6 (F) a description of the efforts of the 

7 United States Government to combat Al Qaeda 

8 and its related affiliates and undermine violent 

9 extremist ideology, which shall include— 

10 (i) a specific list of the President’s 

11 highest global counterterrorism priorities; 

12 (ii) the degree of success achieved by 

13 the United States, and remaining areas for 

14 progress, in meeting the priorities de15 scribed in clause (i); and 

16 (iii) efforts in those countries in which 

17 the President determines that— 

18 (I) Al Qaeda and its related af19 filiates have a presence; or 

20 (II) acts of international ter21 rorism have been perpetrated by Al 

22 Qaeda and its related affiliates; 

23 (G) a specific list of United States counter24 terrorism efforts, and the specific status and 

25 achievements of such efforts, through military, 
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1 financial, political, intelligence, paramilitary, 

2 and law enforcement elements, relating to— 

3 (i) bilateral security and training pro4 grams; 

5 (ii) law enforcement and border secu6 rity; 

7 (iii) the disruption of terrorist net8 works; and 

9 (iv) the denial of terrorist safe havens 

10 and sanctuaries; 

11 (H) a description of United States Govern12 ment activities to counter terrorist recruitment 

13 and radicalization, including— 

14 (i) strategic communications; 

15 (ii) public diplomacy; 

16 (iii) support for economic development 

17 and political reform; and 

18 (iv) other efforts aimed at influencing 

19 public opinion; 

20 (I) United States Government initiatives to 

21 eliminate direct and indirect international fi22 nancial support for the activities of terrorist 

23 groups; 

24 (J) a cross-cutting analysis of the budgets 

25 of all Federal Government agencies as they re-
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1 late to counterterrorism funding to battle Al 

2 Qaeda and its related affiliates abroad, includ3 ing— 

4 (i) the source of such funds; and 

5 (ii) the allocation and use of such 

6 funds; 

7 (K) an analysis of the extent to which spe8 cific Federal appropriations— 

9 (i) have produced tangible, calculable 

10 results in efforts to combat and defeat Al 

11 Qaeda, its related affiliates, and its violent 

12 ideology; or 

13 (ii) contribute to investments that 

14 have expected payoffs in the medium- to 

15 long-term; 

16 (L) statistical assessments, including those 

17 developed by the National Counterterrorism 

18 Center, on the number of individuals belonging 

19 to Al Qaeda and its related affiliates that have 

20 been killed, injured, or taken into custody as a 

21 result of United States counterterrorism efforts; 

22 and 

23 (M) a concise summary of the methods 

24 used by National Counterterrorism Center and 

25 other elements of the United States Govern-
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1 ment to assess and evaluate progress in its 

2 overall counterterrorism efforts, including the 

3 use of specific measures, metrics, and indices. 

4 (2) INTERAGENCY COOPERATION.—In pre5 paring a report under this subsection, the President 

6 shall include relevant information maintained by— 

7 (A) the National Counterterrorism Center 

8 and the National Counterproliferation Center; 

9 (B) Department of Justice, including the 

10 Federal Bureau of Investigation; 

11 (C) the Department of State; 

12 (D) the Department of Defense; 

13 (E) the Department of Homeland Security; 

14 (F) the Department of the Treasury; 

15 (G) the Office of the Director of National 

16 Intelligence, 

17 (H) the Central Intelligence Agency; 

18 (I) the Office of Management and Budget; 

19 (J) the United States Agency for Inter20 national Development; and 

21 (K) any other Federal department that 

22 maintains relevant information. 

23 (3) REPORT CLASSIFICATION.—Each report re24 quired under this subsection shall be— 
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1 (A) submitted in an unclassified form, to 

2 the maximum extent practicable; and 

3 (B) accompanied by a classified appendix, 

4 as appropriate. 

5 SEC. 1226. REPORT ON TAIWAN’S AIR FORCE. 

6 (a) FINDINGS.—Congress makes the following find7 ings: 

8 (1) According to the Department of Defense’s 

9 (DoD) 2009 Annual Report on Military Power of 

10 the People’s Republic of China, the military balance 

11 in the Taiwan Strait has been shifting in China’s 

12 favor since 2000, marked by the sustained deploy13 ment of advanced military equipment to the Chinese 

14 military regions opposite Taiwan. 

15 (2) Although the DoD’s 2002 Report concluded 

16 that Taiwan ‘‘has enjoyed dominance of the airspace 

17 over the Taiwan Strait for many years,’’ the DoD’s 

18 2009 Report states this conclusion no longer holds 

19 true. 

20 (3) China has based 490 combat aircraft (330 

21 fighters and 160 bombers) within unrefueled oper22 ational range of Taiwan, and has the airfield capac23 ity to expand that number by hundreds. In contrast, 

24 Taiwan has 390 combat aircraft (all of which are 

25 fighters). 
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1 (4) Also according to the DoD’s 2009 Report, 

2 China has continued its build-up of conventional bal3 listic missiles since 2000, ‘‘building a nascent capac4 ity for conventional short-range ballistic missile 

5 (SRBM) strikes against Taiwan into what has be6 come one of China’s primary instruments of coer7 cion.’’ At this time, China has expanded its SRBM 

8 force opposite Taiwan to seven brigades with a total 

9 of 1,050 through 1,150 missiles, and is augmenting 

10 these forces with conventional medium-range bal11 listic missiles systems and at least 2 land attack 

12 cruise missile variants capable of ground or air 

13 launch. Advanced fighters and bombers, combined 

14 with enhanced training for nighttime and overwater 

15 flights, provide China’s People’s Liberation Army 

16 (PLA) with additional capabilities for regional strike 

17 or maritime interdiction operations. 

18 (5) Furthermore, the Report maintains, ‘‘the 

19 security situation in the Taiwan Strait is largely a 

20 function of dynamic interactions among Mainland 

21 China, Taiwan, and the United States. The PLA has 

22 developed and deployed military capability to coerce 

23 Taiwan or attempt an invasion if necessary. PLA 

24 improvements pose new challenges to Taiwan’s secu25 rity, which has historically been based upon the 
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1 PLA’s inability to project power across the 100 nau2 tical-mile Taiwan Strait, natural geographic advan3 tages of island defense, Taiwan’s armed forces’ tech4 nological superiority, and the possibility of U.S. 

5 intervention’’. 

6 (6) The Taiwan Relations Act of 1979 requires 

7 that, in furtherance of the principle of maintaining 

8 peace and stability in the Western Pacific region, 

9 the United States shall make available to Taiwan 

10 such defense articles and defense services in such 

11 quantity ‘‘as may be necessary to enable Taiwan to 

12 maintain a sufficient self-defense capability,’’ allow13 ing that ‘‘the President and the Congress shall de14 termine the nature and quantity of such defense ar15 ticles and services based solely upon their judgment 

16 of the needs of Taiwan . . .’’. 

17 (b) REPORT TO CONGRESS ON TAIWAN’S CURRENT

18 AIR FORCE AND FUTURE SELF-DEFENSE REQUIRE19 MENTS.—Not later than 90 days after the date of the en20 actment of this Act, the President shall submit to Con21 gress a report, in both classified and unclassified form, 

22 containing the following: 

23 (1) A thorough and complete assessment of the 

24 current state of Taiwan’s Air Force, including— 

25 (A) the number and type of aircraft; 
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1 (B) the age of aircraft; and 

2 (C) the capability of those aircraft. 

3 (2) An assessment of the effectiveness of the 

4 aircraft in the face of a full-scale concerted missile 

5 and air campaign by China, in which China uses its 

6 most modern surface-to-air missiles currently de7 ployed along its seacoast. 

8 (3) An analysis of the specific weapons systems 

9 and platforms that Taiwan would need to provide for 

10 it’s self-defense and maintain control of its own air 

11 space. 

12 (4) Options for the United States to assist Tai13 wan in achieving those capabilities. 

14 (5) A 5-year plan for fulfilling the obligations 

15 of the United States under the Taiwan Relations Act 

16 to provide for Taiwan’s self-defense and aid Taiwan 

17 in maintaining control of its own air space. 

18 SEC. 1227. REPORT ON UNITED STATES CONTRIBUTIONS TO 

19 THE UNITED NATIONS. 

20 Section 1225 of the John Warner National Defense 

21 Authorization Act for Fiscal Year 2007 (Public Law 109– 

22 364; 120 Stat. 2424) is amended— 

23 (1) in subsection (a), by striking ‘‘until Decem24 ber 31, 2010, the President shall submit’’ and in25 serting ‘‘(but not later than the first of each May), 
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1 the Director of the Office of Management and Budg2 et shall submit’’; and 

3 (2) by adding at the end the following: 

4 ‘‘(c) PUBLIC AVAILABILITY OF INFORMATION.—The 

5 Director of the Office of Management and Budget shall 

6 post a public version of each report submitted under sub7 section (a) on a text-based searchable and publicly avail8 able Internet Web site.’’. 

9 Subtitle C—Other Matters 

10 SEC. 1231. SENSE OF CONGRESS ON ESTABLISHMENT OF 

11 MEASURES OF PROGRESS TO EVALUATE 

12 UNITED STATES STRATEGIC OBJECTIVES IN 

13 AFGHANISTAN AND PAKISTAN. 

14 (a) FINDINGS.—Congress makes the following find15 ings: 

16 (1) The President announced a new strategy for 

17 Afghanistan and Pakistan on March 27, 2009, that 

18 calls for a commitment of more resources and a sig19 nificant increase in the number of United States 

20 Armed Forces deployed to the region. 

21 (2) It is the obligation of the United States 

22 Government to the members of the Armed Forces, 

23 and to all Americans, that their sacrifices be met by 

24 a clear method for evaluating the progress toward 
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1 achieving the objectives in the new strategy of the 

2 Administration. 

3 (3) The President stated, with reference to the 

4 strategy for Afghanistan and Pakistan, that ‘‘going 

5 forward, we will not blindly stay the course. Instead, 

6 we will set clear metrics to measure progress and 

7 hold ourselves accountable. We’ll consistently assess 

8 our efforts to train Afghan security forces and our 

9 progress in combating insurgents. We will measure 

10 the growth of Afghanistan’s economy, and its illicit 

11 narcotics production. And we will review whether we 

12 are using the right tools and tactics to make 

13 progress towards accomplishing our goals’’. 

14 (4) Since the announcement of the new strategy 

15 of the Administration on March 27, 2009, key lead16 ers in the Administration, including in the Depart17 ment of Defense and Department of State, have tes18 tified before Congress that progress measures were 

19 needed to evaluate performance toward achieving the 

20 strategic objectives of the United States in Afghani21 stan and Pakistan and that the Administration was 

22 undertaking the process of reviewing and developing 

23 measures of progress. 

24 (5) Key leaders in the Administration further 

25 assured Congress that the Administration would not 
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1 only share the measures of progress with Congress, 

2 but would also invite review and comment by Con3 gress on proposed measures of progress. 

4 (6) The establishment of both clear objectives 

5 and a means to impartially measure success toward 

6 those objectives will expound to the American people 

7 what the United States and its partners intend to 

8 accomplish in and for Afghanistan and Pakistan. 

9 (b) SENSE OF CONGRESS.—It is the sense of Con10 gress that— 

11 (1) the Administration should, through the co12 ordination of the Departments of Defense and State, 

13 expeditiously submit to Congress a comprehensive 

14 list of measures of progress with regard to United 

15 States strategic objectives in Afghanistan and Paki16 stan; 

17 (2) the comprehensive list under paragraph (1) 

18 should include newly-established measures of 

19 progress as well as such measures of progress pre20 viously established pursuant to section 1230(d) of 

21 the National Defense Authorization Act for Fiscal 

22 Year 2008 (Public Law 110–181; 122 Stat. 385) 

23 that continue to be relevant to the current United 

24 States strategy for Afghanistan and Pakistan; 
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1 (3) the Administration should incorporate the 

2 comprehensive list under paragraph (1) with each 

3 report submitted under sections 1230 and 1232 of 

4 the National Defense Authorization Act for Fiscal 

5 Year 2008 (122 Stat. 385, 392) and should review, 

6 and if necessary modify, the comprehensive list for 

7 each such report; and 

8 (4) upon submittal to Congress of the reports 

9 required by sections 1230 and 1232 of the National 

10 Defense Authorization Act for Fiscal Year 2008, the 

11 Administration should provide an assessment of each 

12 measure of progress by— 

13 (A) setting forth the measure of progress 

14 being evaluated; 

15 (B) providing data used to evaluate the 

16 measure of progress; 

17 (C) providing an evaluation of the perform18 ance of the particular measure of progress; and 

19 (D) providing a comprehensive assessment 

20 of how the performance of the particular meas21 ure of progress hinders or enhances the overall 

22 performance toward achieving strategic objec23 tives of the United States in Afghanistan and 

24 Pakistan. 
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1 SEC. 1232. SENSE OF THE SENATE ON IMPOSING SANC2 TIONS WITH RESPECT TO THE ISLAMIC RE3 PUBLIC OF IRAN. 

4 (a) FINDINGS.—The Senate makes the following 

5 findings: 

6 (1) The illicit nuclear activities of the Govern7 ment of the Islamic Republic of Iran, combined with 

8 its development of unconventional weapons and bal9 listic missiles and support for international ter10 rorism, represent a grave threat to the security of 

11 the United States and United States allies in Eu12 rope, the Middle East, and around the world. 

13 (2) The United States and other responsible 

14 countries have a vital interest in working together to 

15 prevent the Government of the Islamic Republic of 

16 Iran from acquiring a nuclear weapons capability. 

17 (3) As President Barack Obama said, ‘‘Iran ob18 taining a nuclear weapon would not only be a threat 

19 to Israel and a threat to the United States, but 

20 would be profoundly destabilizing in the inter21 national community as a whole and could set off a 

22 nuclear arms race in the Middle East that would be 

23 extraordinarily dangerous for all concerned, includ24 ing for Iran.’’. 

25 (4) The International Atomic Energy Agency 

26 has repeatedly called attention to the illicit nuclear 
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1 activities of the Islamic Republic of Iran, and, as a 

2 result, the United Nations Security Council has 

3 adopted a range of sanctions designed to encourage 

4 the Government of the Islamic Republic of Iran to 

5 cease those activities and comply with its obligations 

6 under the Treaty on Non-Proliferation of Nuclear 

7 Weapons, done at Washington, London, and Moscow 

8 July 1, 1968, and entered into force March 5, 1970 

9 (commonly known as the ‘‘Nuclear Non-Proliferation 

10 Treaty’’). 

11 (5) The Department of the Treasury has im12 posed sanctions on several Iranian banks, including 

13 Bank Melli, Bank Saderat, Bank Sepah, and Bank 

14 Mellat, for their involvement in proliferation activi15 ties or support for terrorist groups. 

16 (6) The Central Bank of Iran, the keystone of 

17 Iran’s financial system and its principal remaining 

18 lifeline to the international banking system, has en19 gaged in deceptive financial practices and facilitated 

20 such practices among banks involved in proliferation 

21 activities or support for terrorist groups, including 

22 Bank Sepah and Bank Melli, in order to evade sanc23 tions imposed by the United States and the United 

24 Nations. 
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1 (7) On April 8, 2009, the United States for2 mally extended an offer to engage in direct diplo3 macy with the Government of the Islamic Republic 

4 of Iran through negotiations with the five permanent 

5 members of the United States Security Council and 

6 Germany (commonly referred to as the ‘‘P5-plus-1 

7 process’’), in the hope of resolving all outstanding 

8 disputes between the Islamic Republic of Iran and 

9 the United States. 

10 (8) The Government of the Islamic Republic of 

11 Iran has yet to make a formal reply to the April 8, 

12 2009, offer of direct diplomacy by the United States 

13 or to engage in direct diplomacy with the United 

14 States through the P5-plus-1 process. 

15 (9) On July 8, 2009, President Nicolas Sarkozy 

16 of France warned that the Group of Eight major 

17 powers will give the Islamic Republic of Iran until 

18 September 2009 to accept negotiations with respect 

19 to its nuclear activities or face tougher sanctions. 

20 (b) SENSE OF THE SENATE.—It is the sense of the 

21 Senate that— 

22 (1) the Government of the Islamic Republic of 

23 Iran should— 
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1 (A) seize the historic offer put forward by 

2 President Barack Obama to engage in direct di3 plomacy with the United States; 

4 (B) suspend all enrichment-related and re5 processing activities, including research and de6 velopment, and work on all heavy-water related 

7 projects, including the construction of a re8 search reactor moderated by heavy water, as 

9 demanded by multiple resolutions of the United 

10 Nations Security Council; and 

11 (C) come into full compliance with the Nu12 clear Non-Proliferation Treaty, including the 

13 additional protocol to the Treaty; and 

14 (2) the President should impose sanctions on 

15 the Central Bank of Iran and any other Iranian 

16 bank engaged in proliferation activities or support 

17 for terrorist groups, as well as any other sanctions 

18 the President determines appropriate, if— 

19 (A) the Government of the Islamic Repub20 lic of Iran— 

21 (i) has not accepted the offer by the 

22 United States to engage in direct diplo23 macy through the P5-plus-1 process before 

24 the Summit of the Group of 20 (G–20) in 
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1 Pittsburgh, Pennsylvania, in September 

2 2009; or 

3 (ii) has not suspended all enrichment4 related and reprocessing activities and 

5 work on all heavy-water related projects 

6 within 60 days of the conclusion of that 

7 Summit; and 

8 (B) the United Nations Security Council 

9 has failed to adopt significant and meaningful 

10 additional sanctions on the Government of the 

11 Islamic Republic of Iran. 

12 SEC. 1233. SENSE OF THE SENATE ON ENFORCEMENT AND 

13 IMPOSITION OF SANCTIONS WITH RESPECT 

14 TO NORTH KOREA; REVIEW TO DETERMINE 

15 WHETHER NORTH KOREA SHOULD BE RE16 LISTED AS A STATE SPONSOR OF TER17 RORISM. 

18 (a) FINDINGS.—The Senate makes the following 

19 findings: 

20 (1) On April 5, 2009, the Government of North 

21 Korea tested an intermediate range ballistic missile 

22 in violation of United Nations Security Council Res23 olutions 1695 (2006) and 1718 (2006). 

24 (2) On April 5, 2009, President Barack Obama 

25 issued a statement on North Korea, stating that 
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1 ‘‘Preventing the proliferation of weapons of mass de2 struction and their means of delivery is a high pri3 ority for my administration’’, and adding, ‘‘North 

4 Korea has ignored its international obligations, re5 jected unequivocal calls for restraint, and further 

6 isolated itself from the community of nations’’. 

7 (3) On April 15, 2009, the Government of 

8 North Korea announced it was expelling inter9 national inspectors from its Yongbyon nuclear facil10 ity and ending its participation in the Six Party 

11 Talks for the Denuclearization of the Korean Penin12 sula. 

13 (4) On May 25, 2009, the Government of North 

14 Korea conducted a second nuclear test, in disregard 

15 of United Nations Security Council Resolution 1718, 

16 which was issued in 2006 following the first such 

17 test and which demanded that North Korea not con18 duct any further nuclear tests or launches of a bal19 listic missile. 

20 (5) The State Department’s 2008 Human 

21 Rights Report on North Korea, issued on February 

22 25, 2009, found that human rights conditions inside 

23 North Korea remained poor, prison conditions are 

24 harsh and life-threatening, and citizens were denied 
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1 basic freedoms such as freedom of speech, press, as2 sembly, religion, and association. 

3 (6) Pursuant to section 102(b)(2)(E) of the 

4 Arms Export Control Act (22 U.S.C. 2799aa– 

5 1(b)(2)(E)), President George W. Bush, on Feb6 ruary 7, 2007, notified Congress that the United 

7 States Government would oppose the extension of 

8 any loan or financial or technical assistance to 

9 North Korea by any international financial institu10 tion and the prohibition on support for the extension 

11 of such loans or assistance remains in effect. 

12 (7) On June 12, 2009, the United Nations Se13 curity Council passed Resolution 1874, condemning 

14 North Korea’s nuclear test, imposing a sweeping em15 bargo on all arms trade with North Korea, and re16 quiring member states not to provide financial sup17 port or other financial services that could contribute 

18 to North Korea’s nuclear-related or missile-related 

19 activities or other activities related to weapons of 

20 mass destruction. 

21 (8) On July 15, 2009, the Sanctions Committee 

22 of the United Nations Security Council, pursuant to 

23 United Nations Security Council Resolution 1874, 

24 imposed a travel ban on five North Korean individ25 uals and asset freezes on five more North Korean 
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1 entities for their involvement in nuclear weapons and 

2 ballistic missile development programs, marking the 

3 first time the United Nations has imposed a travel 

4 ban on North Koreans. 

5 (9) On June 10, 2008, the Government of 

6 North Korea issued a statement, subsequently con7 veyed directly to the United States Government, af8 firming that North Korea, ‘‘will firmly maintain its 

9 consistent stand of opposing all forms of terrorism 

10 and any support to it and will fulfill its responsi11 bility and duty in the struggle against terrorism.’’. 

12 (10) The June 10, 2008, statement by the Gov13 ernment of North Korea also pledged that North 

14 Korea would take ‘‘active part in the international 

15 efforts to prevent substance, equipment and tech16 nology to be used for the production of nukes and 

17 biochemical and radioactive weapons from finding 

18 their ways to the terrorists and the organizations 

19 that support them’’. 

20 (11) On June 26, 2008, President George W. 

21 Bush certified that— 

22 (A) the Government of North Korea had 

23 not provided any support for international ter24 rorism during the preceding 6-month period; 

25 and 
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1 (B) the Government of North Korea had 

2 provided assurances that it will not support acts 

3 of international terrorism in the future. 

4 (12) The President’s June 26 certification con5 cluded, based on all available information, that there 

6 was ‘‘no credible evidence at this time of ongoing 

7 support by the DPRK for international terrorism’’ 

8 and that ‘‘there is no credible or sustained reporting 

9 at this time that supports allegations (including as 

10 cited in recent reports by the Congressional Re11 search Service) that the DPRK has provided direct 

12 or witting support for Hezbollah, Tamil Tigers, or 

13 the Iranian Revolutionary Guard’’. 

14 (13) The State Department’s Country Reports 

15 on Terrorism 2008, in a section on North Korea, 

16 state, ‘‘The Democratic People’s Republic of Korea 

17 (DPRK) was not known to have sponsored any ter18 rorist acts since the bombing of a Korean Airlines 

19 flight in 1987.’’. 

20 (14) The Country Reports on Terrorism 2008 

21 also state, ‘‘A state that directs WMD resources to 

22 terrorists, or one from which enabling resources are 

23 clandestinely diverted, poses a grave WMD terrorism 

24 threat. Although terrorist organizations will continue 

25 to seek a WMD capability independent of state pro-
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1 grams, the sophisticated WMD knowledge and re2 sources of a state could enable a terrorist capability. 

3 State sponsors of terrorism and all nations that fail 

4 to live up to their international counterterrorism and 

5 nonproliferation obligations deserve greater scrutiny 

6 as potential facilitators of WMD terrorism.’’. 

7 (15) On October 11, 2008, the Secretary of 

8 State, pursuant to the President’s certification, re9 moved North Korea from its list of state sponsors of 

10 terrorism, on which North Korea had been placed in 

11 1988. 

12 (b) REPORT ON CONDUCT OF NORTH KOREA.—Not 

13 later than 30 days after the date of the enactment of this 

14 Act, the President shall submit to Congress a detailed re15 port examining the conduct of the Government of North 

16 Korea since June 26, 2008, based on all available informa17 tion, to determine whether North Korea meets the statu18 tory criteria for listing as a state sponsor of terrorism. 

19 The report shall— 

20 (1) present any credible evidence of support by 

21 the Government of North Korea for acts of ter22 rorism, terrorists, or terrorist organizations; 

23 (2) examine what steps the Government of 

24 North Korea has taken to fulfill its June 10, 2008, 
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1 pledge to prevent weapons of mass destruction from 

2 falling into the hands of terrorists; and 

3 (3) assess the effectiveness of re-listing North 

4 Korea as a state sponsor of terrorism as a tool to 

5 accomplish the objectives of the United States with 

6 respect to North Korea, including completely elimi7 nating North Korea’s nuclear weapons programs, 

8 preventing North Korean proliferation of weapons of 

9 mass destruction, and encouraging North Korea to 

10 abide by international norms with respect to human 

11 rights. 

12 (c) SENSE OF THE SENATE.—It is the sense of the 

13 Senate that— 

14 (1) the United States should— 

15 (A) vigorously enforce United Nations Se16 curity Council Resolutions 1718 (2006) and 

17 1874 (2009) and other sanctions in place with 

18 respect to North Korea under United States 

19 law; 

20 (B) urge all member states of the United 

21 Nations to fully implement the sanctions im22 posed by United Nations Security Council Reso23 lutions 1718 and 1874; and 

24 (C) explore the imposition of additional 

25 unilateral and multilateral sanctions against 
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1 North Korea in furtherance of United States 

2 national security; 

3 (2) the conduct of North Korea constitutes a 

4 threat to the northeast Asian region and to inter5 national peace and security; 

6 (3) if the United States determines that the 

7 Government of North Korea has provided assistance 

8 to terrorists or engaged in state sponsored acts of 

9 terrorism, the Secretary of State should immediately 

10 list North Korea as a state sponsor of terrorism; 

11 and 

12 (4) if the United States determines that the 

13 Government of North Korea has failed to fulfill its 

14 June 10, 2008, pledges, the Secretary of State 

15 should immediately list North Korea as a state spon16 sor of terrorism. 

17 (d) STATE SPONSOR OF TERRORISM DEFINED.—For 

18 purposes of this section, the term ‘‘state sponsor of ter19 rorism’’ means a country that has repeatedly provided 

20 support for acts of international terrorism for purposes 

21 of— 

22 (1) section 6(j) of the Export Administration 

23 Act of 1979 (50 U.S.C. App. 2405(j)) (as continued 

24 in effect pursuant to the International Emergency 

25 Economic Powers Act (50 U.S.C. 1701 et seq.)); 
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1 (2) section 40 of the Arms Export Control Act 

2 (22 U.S.C. 2780); or 

3 (3) section 620A of the Foreign Assistance Act 

4 of 1961 (22 U.S.C. 2371). 

5 SEC. 1234. REPORT ON THE PLAN FOR THE UNITED STATES 

6 NUCLEAR WEAPONS STOCKPILE, NUCLEAR 

7 WEAPONS COMPLEX, AND DELIVERY PLAT8 FORMS AND SENSE OF THE SENATE ON FOL9 LOW-ON NEGOTIATIONS TO START TREATY. 

10 (a) REPORT ON THE PLAN FOR THE UNITED STATES

11 NUCLEAR WEAPONS STOCKPILE, NUCLEAR WEAPONS

12 COMPLEX, AND DELIVERY PLATFORMS.— 

13 (1) REPORT REQUIRED.—Not later than 30 

14 days after the date of the enactment of this Act or 

15 at the time a follow-on treaty to the Strategic Arms 

16 Reduction Treaty (START Treaty) is submitted by 

17 the President to the Senate for its advice and con18 sent, whichever is earlier, the President shall submit 

19 to the congressional defense and foreign relations 

20 committees a report on the plan to enhance the safe21 ty, security, and reliability of the United States nu22 clear weapons stockpile, modernize the nuclear weap23 ons complex, and maintain the delivery platforms for 

24 nuclear weapons. 
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1 (2) COORDINATION.—The President shall pre2 pare the report required under paragraph (1) in co3 ordination with the Secretary of Defense, the direc4 tors of Sandia National Laboratory, Los Alamos Na5 tional Laboratory, and Lawrence Livermore Na6 tional Laboratory, the Administrator for the Na7 tional Nuclear Security Administration, and the 

8 Commander of the United States Strategic Com9 mand. 

10 (3) ELEMENTS.—The report required under 

11 paragraph (1) shall include the following: 

12 (A) A description of the plan to enhance 

13 the safety, security, and reliability of the United 

14 States nuclear weapons stockpile. 

15 (B) A description of the plan to modernize 

16 the nuclear weapons complex, including improv17 ing the safety of facilities, modernizing the in18 frastructure, and maintaining the key capabili19 ties and competencies of the nuclear weapons 

20 workforce, including designers and technicians. 

21 (C) A description of the plan to maintain 

22 delivery platforms for nuclear weapons. 

23 (D) An estimate of budget requirements, 

24 including the costs associated with the plans 
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1 outlined under subparagraphs (A) through (C), 

2 over a 10-year period. 

3 (b) SENSE OF THE SENATE ON FOLLOW-ON NEGO4 TIATIONS TO THE START TREATY.—The Senate urges 

5 the President to maintain the stated position of the United 

6 States that the follow-on treaty to the START Treaty not 

7 include any limitations on the ballistic missile defense sys8 tems, space capabilities, or advanced conventional weapons 

9 systems of the United States. 

10 SEC. 1235. SENSE OF CONGRESS ON CONTINUED SUPPORT 

11 BY THE UNITED STATES FOR A STABLE AND 

12 DEMOCRATIC REPUBLIC OF IRAQ. 

13 (a) FINDINGS.—Congress makes the following find14 ings: 

15 (1) The men and women of the United States 

16 Armed Forces who have served or are serving in the 

17 Republic of Iraq have done so with the utmost brav18 ery and courage and deserve the respect and grati19 tude of the people of the United States and the peo20 ple of Iraq. 

21 (2) The leadership of Generals David Petraeus 

22 and Raymond Odierno, as the Commanders of the 

23 Multi-National Force Iraq, as well as Ambassador 

24 Ryan Crocker, was instrumental in bringing stability 

25 and success to Iraq. 
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1 (3) The strategy known as the surge was a crit2 ical factor contributing to significant security gains 

3 and facilitated the economic, political, and social 

4 gains that have occurred in Iraq since 2007. 

5 (4) The people of Iraq have begun to develop a 

6 stable government and stable society because of the 

7 security gains following the surge and the willing8 ness of the people of Iraq to accept the ideals of a 

9 free and fair democratic society over the tyranny es10 poused by Al Qaeda and other terrorist organiza11 tions. 

12 (5) The security gains in Iraq must be carefully 

13 maintained so that those fragile gains can be solidi14 fied and expanded upon, primarily by citizens of 

15 Iraq in service to their country, with the support of 

16 the United States as appropriate. 

17 (b) SENSE OF CONGRESS.—It is the sense of Con18 gress that— 

19 (1) a stable and democratic Republic of Iraq is 

20 in the long-term national security interest of the 

21 United States; 

22 (2) the people and the Government of the 

23 United States should help the people of Iraq pro24 mote the stability of their country and peace in the 

25 region; and 
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1 (3) the United States should be a long-term 

2 strategic partner with the Government and the peo3 ple of Iraq in support of their efforts to build democ4 racy, good governance, and peace and stability in the 

5 region. 

6 SEC. 1236. REPORT ON FEASIBILITY AND DESIRABILITY OF 

7 ESTABLISHING GENERAL UNIFORM PROCE8 DURES AND GUIDELINES FOR THE PROVI9 SION OF MONETARY ASSISTANCE BY THE 

10 UNITED STATES TO CIVILIAN FOREIGN NA11 TIONALS FOR LOSSES INCIDENT TO COMBAT 

12 ACTIVITIES OF THE ARMED FORCES. 

13 (a) REPORT.—The Secretary of Defense shall submit 

14 to Congress a report on the feasibility and the desirability 

15 of establishing general uniform procedures and guidelines 

16 for the provision by the United States of monetary assist17 ance to civilian foreign nationals for losses, injuries, or 

18 death (hereafter ‘‘harm’’) incident to combat activities of 

19 the United States Armed Forces during contingency oper20 ations. 

21 (b) MATTERS TO BE INCLUDED IN REPORT.—The 

22 Secretary shall include in the report the following: 

23 (1) A description of the authorities under laws 

24 in effect as of the date of the enactment of this Act 

25 for the United States to provide compensation, mon-
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1 etary payments, or other assistance to civilians who 

2 incur harm due directly or indirectly to the combat 

3 activities of the United States Armed Forces. 

4 (2) A description of the practices in effect as of 

5 the date of enactment of this Act for the United 

6 States to provide ex gratia, solatia, or other types of 

7 condolence payments to civilians who incur harm 

8 due directly or indirectly to the combat activities of 

9 the United States Armed Forces. 

10 (3) A discussion of the historic practice of the 

11 United States to provide compensation, other mone12 tary payments, or other assistance to civilian foreign 

13 nationals who incur harm due directly or indirectly 

14 to combat activities of the United States Armed 

15 Forces. 

16 (4) A discussion of the practice of the United 

17 States in Operation Enduring Freedom and Oper18 ation Iraqi Freedom to provide compensation, other 

19 monetary payments, or other assistance to civilian 

20 foreign nationals who incur harm due directly or in21 directly to the combat activities of the United States 

22 Armed Forces, including the procedures and guide23 lines used and an assessment of its effectiveness. 

24 This discussion will also include estimates of the 

25 total amount of funds disbursed to civilian foreign 
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1 nationals who have incurred harm since the incep2 tion of Operation Iraqi Freedom and Operation En3 during Freedom. This discussion will also include 

4 how such procedures and guidelines compare to the 

5 processing of claims filed under the Foreign Claims 

6 Act. 

7 (5) A discussion of the positive and negative ef8 fects of using different authorities, procedure, and 

9 guidelines to provide monetary assistance to civilian 

10 foreign nationals, based upon the culture and eco11 nomic circumstances of the local populace and the 

12 operational impact on the military mission. This dis13 cussion will also include whether the use of different 

14 authorities, procedures, and guidelines has resulted 

15 in disparate monetary assistance to civilian foreign 

16 nationals who have incurred substantially similar 

17 harm, and if so, the frequency and effect of such re18 sults. 

19 (6) A discussion of the positive and negative ef20 fects of establishing general uniform procedures and 

21 guidelines for the provision of such assistance, based 

22 upon the goals of timely commencement of a pro23 gram of monetary assistance, efficient and effective 

24 implementation of such program, and consistency in 

25 the amount of assistance in relation to the harm in-
734 

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1 curred. This discussion will also include whether the 

2 implementation of general procedures and guidelines 

3 would create a legally enforceable entitlement to 

4 ‘‘compensation’’ and, if so, any potential significant 

5 operational impact arising from such an entitlement. 

6 (7) Assuming general uniform procedures and 

7 guidelines were to be established, a discussion of the 

8 following: 

9 (A) Whether such assistance should be lim10 ited to specified types of combat activities or 

11 operations, e.g., such as during counterinsur12 gency operations. 

13 (B) Whether such assistance should be 

14 contingent upon a formal determination that a 

15 particular combat activity/operation is a quali16 fying activity, and the criteria, if any, for such 

17 a determination. 

18 (C) Whether a time limit from the date of 

19 loss for providing such assistance should be pre20 scribed. 

21 (D) Whether only monetary or other types 

22 of assistance should be authorized, and what 

23 types of nonmonetary assistance, if any, should 

24 be authorized. 
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1 (E) Whether monetary value limits should 

2 be placed on the assistance that may be pro3 vided, or whether the determination to provide 

4 assistance and, if so, the monetary value of 

5 such assistance, should be based, in whole or in 

6 part, on a legal advisor’s assessment of the 

7 facts. 

8 (F) Whether a written record of the deter9 mination to provide or to not provide such as10 sistance should be maintained and a copy made 

11 available to the civilian foreign national. 

12 (G) Whether in the event of a determina13 tion to not provide such assistance the civilian 

14 foreign national should be afforded the option 

15 of a review of the determination by a higher 

16 ranking authority. 

17 (c) RECOMMENDATIONS.—The Secretary shall in18 clude in the report such recommendations as the Secretary 

19 considers appropriate for legislative or administrative ac20 tion with respect to the matters discussed in the report. 

21 (d) SUBMISSION OF REPORT.—The report shall be 

22 submitted not later than 180 days after the date of the 

23 enactment of this Act. The report shall be submitted in 

24 unclassified form, but may include a classified annex. 
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1 Subtitle D—VOICE Act 

2 SEC. 1241. SHORT TITLE. 

3 This subtitle may be cited as the ‘‘Victims of Iranian 

4 Censorship Act’’or the ‘‘VOICE Act’’. 

5 SEC. 1242. SENSE OF CONGRESS. 

6 It is the sense of Congress that the United States— 

7 (1) respects the sovereignty, proud history, and 

8 rich culture of the Iranian people; 

9 (2) respects the universal values of freedom of 

10 speech and freedom of the press in Iran and 

11 throughout the world; 

12 (3) supports the Iranian people as they take 

13 steps to peacefully express their voices, opinions, and 

14 aspirations; 

15 (4) supports the Iranian people seeking access 

16 to news and other forms of information; 

17 (5) condemns the detainment, imprisonment, 

18 and intimidation of all journalists, in Iran and else19 where throughout the world; 

20 (6) supports journalists who take great risk to 

21 report on political events in Iran, including those 

22 surrounding the presidential election; 

23 (7) supports the efforts the Voice of America’s 

24 (VOA) 24-hour television station Persian News Net25 work, and Radio Free Europe / Radio Liberty’s 
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1 (RFE/RL) Radio Farda 24-hour radio station; Brit2 ish Broadcasting Corporation (BBC) Farsi language 

3 programming; Radio Zamaneh; and other inde4 pendent news outlets to provide information to Iran; 

5 (8) condemns acts of censorship, intimidation, 

6 and other restrictions on freedom of the press, free7 dom of speech, and freedom of expression in Iran 

8 and throughout the world; 

9 (9) commends companies which have facilitated 

10 the ability of the Iranian people to access and share 

11 information, and exercise freedom of speech, free12 dom of expression, and freedom of assembly through 

13 alternative technologies; and 

14 (10) condemns companies which have knowingly 

15 impeded the ability of the Iranian people to access 

16 and share information and exercise freedom of 

17 speech, freedom of expression, and freedom of as18 sembly through electronic media, including through 

19 the sale of technology that allows for deep packet in20 spection or provides the capability to monitor or 

21 block Internet access, and gather information about 

22 individuals. 

23 SEC. 1243. STATEMENT OF POLICY. 

24 It shall be the policy of the United States— 
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1 (1) to support freedom of the press, freedom of 

2 speech, freedom of expression, and freedom of as3 sembly in Iran; 

4 (2) to support the Iranian people as they seek, 

5 receive, and impart information and promote ideas 

6 in writing, in print, or through any media without 

7 interference; 

8 (3) to discourage businesses from aiding efforts 

9 to interfere with the ability of the people of Iran to 

10 freely access or share information or otherwise in11 fringe upon freedom of speech, freedom of expres12 sion, freedom of assembly, and freedom of the press 

13 through the Internet or other electronic media, in14 cluding through the sale of deep packet inspection or 

15 other technology to the Government of Iran that 

16 provides the capability to monitor or block Internet 

17 access, and gather information about individuals; 

18 and 

19 (4) to encourage the development of tech20 nologies, including Internet Web sites that facilitate 

21 the efforts of the Iranian people— 

22 (A) to gain access to and share accurate 

23 information and exercise freedom of speech, 

24 freedom of expression, freedom of assembly, 
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†S 1391 ES

1 and freedom of the press, through the Internet 

2 or other electronic media; and 

3 (B) engage in Internet-based education 

4 programs and other exchanges between United 

5 States citizens and Iranians. 

6 SEC. 1244. AUTHORIZATION OF APPROPRIATIONS. 

7 (a) INTERNATIONAL BROADCASTING OPERATIONS

8 FUND.—In addition to amounts otherwise authorized for 

9 the Broadcasting Board of Governors’ International 

10 Broadcasting Operations Fund, there is authorized to be 

11 appropriated $15,000,000 to expand Farsi language pro12 gramming and to provide for the dissemination of accurate 

13 and independent information to the Iranian people 

14 through radio, television, Internet, cellular telephone, 

15 short message service, and other communications. 

16 (b) BROADCASTING CAPITAL IMPROVEMENTS

17 FUND.—In addition to amounts otherwise authorized for 

18 the Broadcasting Board of Governors’ Broadcasting Cap19 ital Improvements Fund, there is authorized to be appro20 priated $15,000,000 to expand transmissions of Farsi lan21 guage programs to Iran. 

22 (c) USE OF AMOUNTS.—In pursuit of the objectives 

23 described in subsections (a) and (b), amounts in the Inter24 national Broadcasting Operations Fund and the Capital 

25 Improvements Fund may be used to— 
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†S 1391 ES

1 (1) develop additional transmission capability 

2 for Radio Farda and the Persian News Network to 

3 counter ongoing efforts to jam transmissions, includ4 ing through additional shortwave and medium wave 

5 transmissions, satellite, and Internet mechanisms; 

6 (2) develop additional proxy server capability 

7 and anti-censorship software to counter efforts to 

8 block Radio Farda and Persian News Network Web 

9 sites; 

10 (3) develop technologies to counter efforts to 

11 block SMS text message exchange over cellular 

12 phone networks; 

13 (4) expand program coverage and analysis by 

14 Radio Farda and the Persian News Network, includ15 ing the development of broadcast platforms and pro16 grams, on the television, radio and Internet, for en17 hanced interactivity with and among the people of 

18 Iran; 

19 (5) hire, on a permanent or short-term basis, 

20 additional staff for Radio Farda and the Persian 

21 News Network; and 

22 (6) develop additional Internet-based, Farsi-lan23 guage television programming, including a Farsi-lan24 guage, Internet-based news channel. 
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1 SEC. 1245. IRANIAN ELECTRONIC EDUCATION, EXCHANGE, 

2 AND MEDIA FUND. 

3 (a) ESTABLISHMENT.—There is established in the 

4 Treasury of the United States the Iranian Electronic Edu5 cation, Exchange, and Media Fund (referred to in this sec6 tion as the ‘‘Fund’’), consisting of amounts appropriated 

7 to the Fund pursuant to subsection (f). 

8 (b) ADMINISTRATION.—The Fund shall be adminis9 tered by the Secretary of State. 

10 (c) OBJECTIVE.—The objective of the Fund shall be 

11 to support the development of technologies, including 

12 Internet Web sites, that will aid the ability of the Iranian 

13 people to— 

14 (1) gain access to and share information; 

15 (2) exercise freedom of speech, freedom of ex16 pression, and freedom of assembly through the 

17 Internet and other electronic media; 

18 (3) engage in Internet-based education pro19 grams and other exchanges between Americans and 

20 Iranians; and 

21 (4) counter efforts— 

22 (A) to block, censor, and monitor the 

23 Internet; and 

24 (B) to disrupt or monitor cellular phone 

25 networks or SMS text exchanges. 
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1 (d) USE OF AMOUNTS.—In pursuit of the objective 

2 described in subsection (c), amounts in the Fund may be 

3 used for grants to United States or foreign universities, 

4 nonprofit organizations, or companies for targeted 

5 projects that advance the purpose of the Fund, including 

6 projects that— 

7 (1) develop Farsi-language versions of existing 

8 social-networking Web sites; 

9 (2) develop technologies, including Internet10 based applications, to counter efforts— 

11 (A) to block, censor, and monitor the 

12 Internet; and 

13 (B) to disrupt or monitor cellular phone 

14 networks or SMS text message exchanges; 

15 (3) develop Internet-based, distance learning 

16 programs for Iranian students at United States uni17 versities; and 

18 (4) promote Internet-based, people-to-people 

19 educational, professional, religious, or cultural ex20 changes and dialogues between United States citi21 zens and Iranians. 

22 (e) TRANSFERS.—Amounts in the Fund may be 

23 transferred to the United States Agency for International 

24 Development, the Broadcasting Board of Governors, or 

25 any other agency of the Federal Government to the extent 
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†S 1391 ES

1 that such amounts are used to carry out activities that 

2 will further the objective described in subsection (c). 

3 (f) AUTHORIZATION OF APPROPRIATIONS.—There is 

4 authorized to be appropriated $20,000,000 to the Fund. 

5 SEC. 1246. ANNUAL REPORT. 

6 (a) IN GENERAL.—Not later than 90 days after the 

7 date of the enactment of this Act, and annually thereafter 

8 for 5 years, the President shall submit a report to Con9 gress that provides a detailed description of— 

10 (1) United States-funded international broad11 casting efforts in Iran; 

12 (2) efforts by the Government of Iran to block 

13 broadcasts sponsored by the United States or other 

14 non-Iranian entities; 

15 (3) efforts by the Government of Iran to mon16 itor or block Internet access, and gather information 

17 about individuals; 

18 (4) plans by the Broadcasting Board of Gov19 ernors for the use of the amounts appropriated pur20 suant to section 1244, including— 

21 (A) the identification of specific programs 

22 and platforms to be expanded or created; and 

23 (B) satellite, radio, or Internet-based 

24 transmission capacity to be expanded or cre25 ated; 
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†S 1391 ES

1 (5) plans for the use of the Iranian Electronic 

2 Education, Exchange, and Media Fund; 

3 (6) a detailed breakdown of amounts obligated 

4 and disbursed from the Iranian Electronic Media 

5 Fund and an assessment of the impact of such 

6 amounts; 

7 (7) the percentage of the Iranian population 

8 and of Iranian territory reached by shortwave and 

9 medium-wave radio broadcasts by Radio Farda and 

10 Voice of America; 

11 (8) the Internet traffic from Iran to Radio 

12 Farda and Voice of America Web sites; and 

13 (9) the Internet traffic to proxy servers spon14 sored by the Broadcasting Board of Governors, and 

15 the provisioning of surge capacity. 

16 (b) CLASSIFIED ANNEX.—The report submitted 

17 under subsection (a) may include a classified annex. 

18 SEC. 1247. REPORT ON ACTIONS BY NON-IRANIAN COMPA19 NIES. 

20 (a) STUDY.—The President shall direct the appro21 priate officials to examine claims that non-Iranian compa22 nies, including corporations with United States subsidi23 aries, have provided hardware, software, or other forms 

24 of assistance to the Government of Iran that has furthered 

25 its efforts to— 
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1 (1) filter online political content; 

2 (2) disrupt cell phone and Internet communica3 tions; and 

4 (3) monitor the online activities of Iranian citi5 zens. 

6 (b) REPORT.—Not later than 180 days after the date 

7 of the enactment of this Act, the President shall submit 

8 a report to Congress that contains the results of the study 

9 conducted under subsection (a). The report submitted 

10 under this subsection shall be submitted in unclassified 

11 form, but may include a classified annex. 

12 SEC. 1248. HUMAN RIGHTS DOCUMENTATION. 

13 There are authorized to be appropriated $5,000,000 

14 to the Secretary of State to document, collect, and dis15 seminate information about human rights in Iran, includ16 ing abuses of human rights that have taken place since 

17 the Iranian presidential election conducted on June 12, 

18 2009. 

19 TITLE XIII—COOPERATIVE 

20 THREAT REDUCTION 

21 SEC. 1301. SPECIFICATION OF COOPERATIVE THREAT RE22 DUCTION PROGRAMS AND FUNDS. 

23 (a) SPECIFICATION OF COOPERATIVE THREAT RE24 DUCTION PROGRAMS.—For purposes of section 301 and 

25 other provisions of this Act, Cooperative Threat Reduction 
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1 programs are the programs specified in section 1501 of 

2 the National Defense Authorization Act for Fiscal Year 

3 1997 (50 U.S.C. 2362 note). 

4 (b) FISCAL YEAR 2010 COOPERATIVE THREAT RE5 DUCTION FUNDS DEFINED.—As used in this title, the 

6 term ‘‘fiscal year 2010 Cooperative Threat Reduction 

7 funds’’ means the funds appropriated pursuant to the au8 thorization of appropriations in section 301 for Coopera9 tive Threat Reduction programs. 

10 (c) AVAILABILITY OF FUNDS.—Funds appropriated 

11 pursuant to the authorization of appropriations in section 

12 301 for Cooperative Threat Reduction programs shall be 

13 available for obligation for fiscal years 2010, 2011, and 

14 2012. 

15 SEC. 1302. FUNDING ALLOCATIONS. 

16 (a) FUNDING FOR SPECIFIC PURPOSES.—Of the 

17 $424,093,000 authorized to be appropriated to the De18 partment of Defense for fiscal year 2010 in section 

19 301(a)(20) for Cooperative Threat Reduction programs, 

20 the following amounts may be obligated for the purposes 

21 specified: 

22 (1) For strategic offensive arms elimination in 

23 Russia, $73,385,000. 

24 (2) For strategic nuclear arms elimination in 

25 Ukraine, $6,800,000. 
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1 (3) For nuclear weapons storage security in 

2 Russia, $15,090,000. 

3 (4) For nuclear weapons transportation security 

4 in Russia, $46,400,000. 

5 (5) For weapons of mass destruction prolifera6 tion prevention in the states of the former Soviet 

7 Union, $90,886,000. 

8 (6) For biological threat reduction in the states 

9 of the former Soviet Union, $152,132,000. 

10 (7) For chemical weapons destruction, 

11 $3,000,000. 

12 (8) For defense and military contacts, 

13 $5,000,000. 

14 (9) For new Cooperative Threat Reduction ini15 tiatives, $10,000,000. 

16 (10) For activities designated as Other Assess17 ments/Administrative Costs, $21,400,000. 

18 (b) REPORT ON OBLIGATION OR EXPENDITURE OF

19 FUNDS FOR OTHER PURPOSES.—No fiscal year 2010 Co20 operative Threat Reduction funds may be obligated or ex21 pended for a purpose other than a purpose listed in para22 graphs (1) through (10) of subsection (a) until 15 days 

23 after the date that the Secretary of Defense submits to 

24 Congress a report on the purpose for which the funds will 

25 be obligated or expended and the amount of funds to be 
748 

†S 1391 ES

1 obligated or expended. Nothing in the preceding sentence 

2 shall be construed as authorizing the obligation or expend3 iture of fiscal year 2010 Cooperative Threat Reduction 

4 funds for a purpose for which the obligation or expendi5 ture of such funds is specifically prohibited under this title 

6 or any other provision of law. 

7 (c) LIMITED AUTHORITY TO VARY INDIVIDUAL

8 AMOUNTS.— 

9 (1) IN GENERAL.—Subject to paragraph (2), in 

10 any case in which the Secretary of Defense deter11 mines that it is necessary to do so in the national 

12 interest, the Secretary may obligate amounts appro13 priated for fiscal year 2010 for a purpose listed in 

14 paragraphs (1) through (10) of subsection (a) in ex15 cess of the specific amount authorized for that pur16 pose. 

17 (2) NOTICE-AND-WAIT REQUIRED.—An obliga18 tion of funds for a purpose stated in paragraphs (1) 

19 through (10) of subsection (a) in excess of the spe20 cific amount authorized for such purpose may be 

21 made using the authority provided in paragraph (1) 

22 only after— 

23 (A) the Secretary submits to Congress no24 tification of the intent to do so together with a 
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†S 1391 ES

1 complete discussion of the justification for 

2 doing so; and 

3 (B) 15 days have elapsed following the 

4 date of the notification. 

5 SEC. 1303. AUTHORITY TO ENTER INTO AGREEMENTS TO 

6 RECEIVE CONTRIBUTIONS FOR BIOLOGICAL 

7 THREAT REDUCTION PROGRAM. 

8 (a) IN GENERAL.—The Secretary of Defense may, 

9 with the concurrence of the Secretary of State, enter into 

10 one or more agreements with any person (including a for11 eign government, international organization, multinational 

12 entity, or any other entity) that the Secretary of Defense 

13 considers appropriate under which the person contributes 

14 funds for purposes of the Biological Threat Reduction 

15 Program of the Department of Defense. 

16 (b) RETENTION AND USE OF AMOUNTS.—Notwith17 standing section 3302 of title 31, United States Code, and 

18 subject to subsections (c) and (d), the Secretary of De19 fense may retain and obligate or expend amounts contrib20 uted pursuant to subsection (a) for purposes of the Bio21 logical Threat Reduction Program. Amounts so contrib22 uted shall be retained in a separate fund established in 

23 the Treasury for that purpose and shall be available to 

24 be obligated or expended without further appropriation. 
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†S 1391 ES

1 (c) RETURN OF AMOUNTS NOT OBLIGATED OR EX2 PENDED WITHIN THREE YEARS.—If the Secretary of De3 fense does not obligate or expend an amount contributed 

4 pursuant to subsection (a) by the date that is three years 

5 after the date on which the contribution was made, the 

6 Secretary shall return the amount to the person who made 

7 the contribution. 

8 (d) NOTICE TO CONGRESSIONAL DEFENSE COMMIT9 TEES.— 

10 (1) IN GENERAL.—Not later than 30 days after 

11 receiving an amount contributed pursuant to sub12 section (a), the Secretary shall submit to the con13 gressional defense committees a notice— 

14 (A) specifying the value of the contribution 

15 and the purpose for which the contribution was 

16 made; and 

17 (B) identifying the person who made the 

18 contribution. 

19 (2) LIMITATION ON USE OF AMOUNTS.—The 

20 Secretary may not obligate or expend an amount 

21 contributed pursuant to subsection (a) until the date 

22 that is 15 days after the date on which the Sec23 retary submits the notice required by paragraph (1). 

24 (e) ANNUAL REPORT.—Not later than October 31 

25 each year, the Secretary of Defense shall submit to the 
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1 congressional defense committees a report on amounts 

2 contributed pursuant to subsection (a) during the pre3 ceding fiscal year. Each such report shall include, for the 

4 fiscal year covered by the report, the following: 

5 (1) A statement of any amounts contributed 

6 pursuant to subsection (a), including, for each such 

7 amount, the value of the contribution and the iden8 tity of the person who made the contribution. 

9 (2) A statement of any amounts so contributed 

10 that were obligated or expended by the Secretary, in11 cluding, for each such amount, the purposes for 

12 which the amount was obligated or expended. 

13 (3) A statement of any amounts so contributed 

14 that were retained but not obligated or expended, in15 cluding, for each such amount, the purposes (if 

16 known) for which the Secretary intends to obligate 

17 or expend the amount. 

18 (f) TERMINATION.—The authority provided under 

19 this section shall terminate on December 31, 2015. 
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†S 1391 ES

1 SEC. 1304. AUTHORIZATION OF USE OF COOPERATIVE 

2 THREAT REDUCTION PROGRAM FUNDS FOR 

3 BILATERAL AND MULTILATERAL NON4 PROLIFERATION AND DISARMAMENT ACTIVI5 TIES. 

6 (a) IN GENERAL.—Notwithstanding any other provi7 sion of law and subject to subsection (b), the Secretary 

8 of Defense may obligate or expend not more than 10 per9 cent of the funds authorized to be appropriated or other10 wise made available for Cooperative Threat Reduction pro11 grams in a fiscal year to provide assistance for or to other12 wise carry out bilateral or multilateral activities relating 

13 to nonproliferation or disarmament. 

14 (b) NOTIFICATION OF CONGRESSIONAL DEFENSE

15 COMMITTEES.—The Secretary may obligate or expend 

16 funds pursuant to subsection (a) if, not less than 15 days 

17 before obligating or expending such funds— 

18 (1) the Secretary notifies the congressional de19 fense committees of the intent of the Secretary to 

20 obligate or expend such funds; and 

21 (2) the President certifies to the congressional 

22 defense committees that obligating or expending 

23 such funds is necessary to support the national secu24 rity objectives of the United States. 
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†S 1391 ES

1 TITLE XIV—OTHER 

2 AUTHORIZATIONS 

3 Subtitle A—Military Programs 

4 SEC. 1401. WORKING CAPITAL FUNDS. 

5 Funds are hereby authorized to be appropriated for 

6 fiscal year 2010 for the use of the Armed Forces and other 

7 activities and agencies of the Department of Defense for 

8 providing capital for working capital and revolving funds 

9 in amounts as follows: 

10 (1) For the Defense Working Capital Funds, 

11 $141,388,000. 

12 (2) For the Defense Working Capital Fund, 

13 Defense Commissary, $1,313,616,000. 

14 SEC. 1402. NATIONAL DEFENSE SEALIFT FUND. 

15 Funds are hereby authorized to be appropriated for 

16 fiscal year 2010 for the National Defense Sealift Fund 

17 in the amount of $1,242,758,000. 

18 SEC. 1403. DEFENSE HEALTH PROGRAM. 

19 Funds are hereby authorized to be appropriated for 

20 the Department of Defense for fiscal year 2010 for ex21 penses, not otherwise provided for, for the Defense Health 

22 Program, in the amount of $27,913,863,000, of which— 

23 (1) $26,993,919,000 is for Operation and 

24 Maintenance; 
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1 (2) $597,802,000 is for Research, Development, 

2 Test, and Evaluation; and 

3 (3) $322,142,000 is for Procurement. 

4 SEC. 1404. CHEMICAL AGENTS AND MUNITIONS DESTRUC5 TION, DEFENSE. 

6 (a) AUTHORIZATION OF APPROPRIATIONS.—Funds 

7 are hereby authorized to be appropriated for the Depart8 ment of Defense for fiscal year 2010 for expenses, not oth9 erwise provided for, for Chemical Agents and Munitions 

10 Destruction, Defense, in the amount of $1,560,760,000, 

11 of which— 

12 (1) $1,146,802,000 is for Operation and Main13 tenance; 

14 (2) $401,269,000 is for Research, Development, 

15 Test, and Evaluation; and 

16 (3) $12,689,000 is for Procurement. 

17 (b) USE.—Amounts authorized to be appropriated 

18 under subsection (a) are authorized for— 

19 (1) the destruction of lethal chemical agents 

20 and munitions in accordance with section 1412 of 

21 the Department of Defense Authorization Act, 1986 

22 (50 U.S.C. 1521); and 

23 (2) the destruction of chemical warfare materiel 

24 of the United States that is not covered by section 

25 1412 of such Act. 
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1 SEC. 1405. DRUG INTERDICTION AND COUNTER-DRUG AC2 TIVITIES, DEFENSE-WIDE. 

3 Funds are hereby authorized to be appropriated for 

4 the Department of Defense for fiscal year 2010 for ex5 penses, not otherwise provided for, for Drug Interdiction 

6 and Counter-Drug Activities, Defense-wide, in the amount 

7 of $1,077,784,000. 

8 SEC. 1406. DEFENSE INSPECTOR GENERAL. 

9 Funds are hereby authorized to be appropriated for 

10 the Department of Defense for fiscal year 2010 for ex11 penses, not otherwise provided for, for the Office of the 

12 Inspector General of the Department of Defense, in the 

13 amount of $288,444,000, of which— 

14 (1) $286,444,000 is for Operation and Mainte15 nance; and 

16 (2) $2,000,000 is for Procurement. 

17 SEC. 1407. FUNDING TABLE. 

18 The amounts authorized to be appropriated by sec19 tions 1401, 1402, 1403, 1404, 1405, and 1406 shall be 

20 available, in accordance with the requirements of section 

21 4001, for projects, programs, and activities, and in the 

22 amounts, specified in the funding table in section 4401. 
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†S 1391 ES

1 Subtitle B—National Defense 

2 Stockpile 

3 SEC. 1411. EXTENSION OF PREVIOUSLY AUTHORIZED DIS4 POSAL OF COBALT FROM NATIONAL DE5 FENSE STOCKPILE. 

6 Section 3305(a)(5) of the National Defense Author7 ization Act for Fiscal Year 1998 (Public Law 105–85; 50 

8 U.S.C. 98d note), as most recently amended by section 

9 1412(b) of the Duncan Hunter National Defense Author10 ization Act for Fiscal Year 2009 (Public Law 110–417; 

11 122 Stat. 4648), is further amended by striking ‘‘during 

12 fiscal year 2009’’ and inserting ‘‘by the end of fiscal year 

13 2011’’. 

14 SEC. 1412. AUTHORIZATION FOR ACTIONS TO CORRECT 

15 THE INDUSTRIAL RESOURCE SHORTFALL 

16 FOR HIGH-PURITY BERYLLIUM METAL IN 

17 AMOUNTS NOT IN EXCESS OF $80,000,000. 

18 With respect to any action taken by the President 

19 under section 303 of the Defense Production Act of 1950 

20 (50 U.S.C. App. 2093) to correct the industrial resource 

21 shortfall for high-purity beryllium metal, the limitation in 

22 subsection (a)(6)(C) of such section shall be applied by 

23 substituting ‘‘$80,000,000’’ for ‘‘$50,000,000’’. 
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†S 1391 ES

1 Subtitle C—Armed Forces 

2 Retirement Home 

3 SEC. 1421. AUTHORIZATION OF APPROPRIATIONS FOR 

4 ARMED FORCES RETIREMENT HOME. 

5 There is authorized to be appropriated for fiscal year 

6 2010 from the Armed Forces Retirement Home Trust 

7 Fund the sum of $134,000,000 for the operation of the 

8 Armed Forces Retirement Home. 

9 TITLE XV—OVERSEAS 

10 CONTINGENCY OPERATIONS 

11 SEC. 1501. PURPOSE. 

12 The purpose of this title is to authorize appropria13 tions for the Department of Defense for fiscal year 2010 

14 to provide additional funding for overseas contingency op15 erations of the Department of Defense in that fiscal year. 

16 SEC. 1502. ARMY PROCUREMENT. 

17 Funds are hereby authorized to be appropriated for 

18 fiscal year 2010 for procurement accounts for the Army 

19 in amounts as follows: 

20 (1) For aircraft procurement, $1,636,229,000. 

21 (2) For missile procurement, $531,570,000. 

22 (3) For weapons and tracked combat vehicles 

23 procurement, $759,466,000. 

24 (4) For ammunition procurement, 

25 $370,635,000. 
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1 (5) For other procurement, $6,329,966,000. 

2 (6) For the Joint Improvised Explosive Device 

3 Defeat Fund, $2,099,850,000. 

4 SEC. 1503. NAVY AND MARINE CORPS PROCUREMENT. 

5 (a) NAVY.—Funds are hereby authorized to be appro6 priated for fiscal year 2010 for procurement accounts for 

7 the Navy in amounts as follows: 

8 (1) For aircraft procurement, $916,553,000. 

9 (2) For weapons procurement, $73,700,000. 

10 (3) For other procurement, $318,018,000. 

11 (b) MARINE CORPS.—Funds are hereby authorized to 

12 be appropriated for fiscal year 2010 for the procurement 

13 account for the Marine Corps in the amount of 

14 $1,164,445,000. 

15 (c) NAVY AND MARINE CORPS AMMUNITION.—Funds 

16 are hereby authorized to be appropriated for fiscal year 

17 2010 for the procurement account for ammunition for the 

18 Navy and the Marine Corps in the amount of 

19 $710,780,000. 

20 SEC. 1504. AIR FORCE PROCUREMENT. 

21 Funds are hereby authorized to be appropriated for 

22 fiscal year 2010 for procurement accounts for the Air 

23 Force in amounts as follows: 

24 (1) For aircraft procurement, $896,441,000. 

25 (2) For missile procurement, $36,625,000. 
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1 (3) For ammunition procurement, 

2 $256,819,000. 

3 (4) For other procurement, $2,321,549,000. 

4 SEC. 1505. DEFENSE-WIDE ACTIVITIES PROCUREMENT. 

5 Funds are hereby authorized to be appropriated for 

6 fiscal year 2010 for the procurement account for Defense7 wide activities as follows: 

8 (1) For Defense-wide procurement, 

9 $491,430,000. 

10 (2) For the Mine Resistant Ambush Protected 

11 Vehicle Fund, $5,456,000,000. 

12 SEC. 1506. RESEARCH, DEVELOPMENT, TEST, AND EVALUA13 TION. 

14 Funds are hereby authorized to be appropriated for 

15 fiscal year 2010 for the use of the Department of Defense 

16 for research, development, test, and evaluation as follows: 

17 (1) For the Army, $57,962,000. 

18 (2) For the Navy, $107,180,000. 

19 (3) For the Air Force, $29,286,000. 

20 (4) For Defense-wide activities, $115,826,000. 

21 SEC. 1507. OPERATION AND MAINTENANCE. 

22 Funds are hereby authorized to be appropriated for 

23 fiscal year 2010 for the use of the Armed Forces for ex24 penses, not otherwise provided for, for operation and 

25 maintenance, in amounts as follows: 
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1 (1) For the Army, $52,070,661,000. 

2 (2) For the Navy, $5,650,733,000. 

3 (3) For the Marine Corps, $3,701,600,000. 

4 (4) For the Air Force, $10,026,868,000. 

5 (5) For Defense-wide activities, $7,578,300,000 

6 (6) For the Army Reserve, $204,326,000. 

7 (7) For the Navy Reserve, $68,059,000. 

8 (8) For the Marine Corps Reserve, 

9 $86,667,000. 

10 (9) For the Air Force Reserve, $125,925,000. 

11 (10) For the Army National Guard, 

12 $321,646,000. 

13 (11) For the Air National Guard, 

14 $289,862,000. 

15 (12) For the Afghanistan Security Forces 

16 Fund, $7,462,769,000. 

17 (13) For the Iraq Freedom Fund, 

18 $115,300,000. 

19 SEC. 1508. MILITARY PERSONNEL. 

20 There is hereby authorized to be appropriated for fis21 cal year 2010 for the Department of Defense for military 

22 personnel in the amount of $13,586,341,000. 

23 SEC. 1509. WORKING CAPITAL FUNDS. 

24 Funds are hereby authorized to be appropriated for 

25 fiscal year 2010 for the use of the Armed Forces and other 
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1 activities and agencies of the Department of Defense for 

2 providing capital for working capital and revolving funds 

3 in the amount of $396,915,000, for the Defense Working 

4 Capital Funds. 

5 SEC. 1510. DEFENSE HEALTH PROGRAM. 

6 Funds are hereby authorized to be appropriated for 

7 the Department of Defense for fiscal year 2010 for ex8 penses, not otherwise provided for, for the Defense Health 

9 Program in the amount of $1,155,235,000 for operation 

10 and maintenance. 

11 SEC. 1511. DRUG INTERDICTION AND COUNTER-DRUG AC12 TIVITIES, DEFENSE-WIDE. 

13 Funds are hereby authorized to be appropriated for 

14 the Department of Defense for fiscal year 2010 for ex15 penses, not otherwise provided for, for Drug Interdiction 

16 and Counter-Drug Activities, Defense-wide in the amount 

17 of $324,603,000. 

18 SEC. 1512. DEFENSE INSPECTOR GENERAL. 

19 Funds are hereby authorized to be appropriated for 

20 the Department of Defense for fiscal year 2010 for ex21 penses, not otherwise provided for, for the Office of the 

22 Inspector General of the Department of Defense in the 

23 amount of $8,876,000. 
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1 SEC. 1513. TREATMENT AS ADDITIONAL AUTHORIZATIONS. 

2 The amounts authorized to be appropriated by this 

3 title are in addition to amounts otherwise authorized to 

4 be appropriated by this Act. 

5 SEC. 1514. FUNDING TABLES. 

6 (a) AMOUNTS FOR PROCUREMENT.—The amounts 

7 authorized to be appropriated by sections 1502, 1503, 

8 1504, and 1505 shall be available, in accordance with the 

9 requirements of section 4001, for projects, programs, and 

10 activities, and in the amounts, specified in the funding 

11 table in section 4102. 

12 (b) AMOUNTS FOR RESEARCH, DEVELOPMENT, 

13 TEST, AND EVALUATION.—The amounts authorized to be 

14 appropriated by section 1506 shall be available, in accord15 ance with the requirements of section 4001, for projects, 

16 programs, and activities, and in the amounts, specified in 

17 the funding table in section 4202. 

18 (c) AMOUNTS FOR OPERATION AND MAINTE19 NANCE.—The amounts authorized to be appropriated by 

20 section 1507 shall be available, in accordance with the re21 quirements of section 4001, for projects, programs, and 

22 activities, and in the amounts, specified in the funding 

23 table in section 4302. 

24 (d) OTHER AMOUNTS.—The amounts authorized to 

25 be appropriated by sections 1509, 1510, 1511, and 1512 

26 shall be available, in accordance with the requirements of 
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1 section 4001, for projects, programs, and activities, and 

2 in the amounts, specified in the funding table in section 

3 4402. 

4 SEC. 1515. SPECIAL TRANSFER AUTHORITY. 

5 (a) AUTHORITY TO TRANSFER AUTHORIZATIONS.— 

6 (1) AUTHORITY.—Upon determination by the 

7 Secretary of Defense that such action is necessary in 

8 the national interest, the Secretary may transfer 

9 amounts of authorizations made available to the De10 partment of Defense in this title for fiscal year 2010 

11 between any such authorizations for that fiscal year 

12 (or any subdivisions thereof). Amounts of authoriza13 tions so transferred shall be merged with and be 

14 available for the same purposes as the authorization 

15 to which transferred. 

16 (2) LIMITATION.—The total amount of author17 izations that the Secretary may transfer under the 

18 authority of this subsection may not exceed 

19 $4,500,000,000. 

20 (b) TERMS AND CONDITIONS.—Transfers under this 

21 section shall be subject to the same terms and conditions 

22 as transfers under section 1001. 

23 (c) ADDITIONAL AUTHORITY.—The transfer author24 ity provided by this section is in addition to the transfer 

25 authority provided under section 1001. 
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1 SEC. 1516. LIMITATIONS ON AVAILABILITY OF FUNDS IN AF2 GHANISTAN SECURITY FORCES FUND. 

3 Funds appropriated pursuant to the authorization of 

4 appropriations for the Afghanistan Security Forces Fund 

5 in section 1507(12) shall be subject to the conditions con6 tained in subsections (b) through (g) of section 1513 of 

7 the National Defense Authorization Act for Fiscal Year 

8 2008 (Public Law 110–181; 122 Stat. 428). 

9 SEC. 1517. AVAILABILITY OF FUNDS IN PAKISTAN COUN10 TERINSURGENCY FUND. 

11 (a) AVAILABILITY.— 

12 (1) IN GENERAL.—Funds authorized to be ap13 propriated for the Department of State for fiscal 

14 year 2010 that are transferred by the Secretary of 

15 State to the Secretary of Defense during that fiscal 

16 year for the Pakistan Counterinsurgency Fund shall 

17 be merged with amounts in the Pakistan Counter18 insurgency Fund and available subject to the provi19 sions of this section. 

20 (2) INITIAL ASSESSMENT REQUIRED BEFORE

21 USE OF FUNDS.—Funds available under this section 

22 may not be utilized until the Secretary of Defense 

23 submits to the appropriate committees of Congress 

24 a report setting forth an assessment by the Sec25 retary as to whether the Government of Pakistan is 

26 committed to confronting the threat posed by Al 
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1 Qaeda, the Taliban, and other militant extremists 

2 based on a determination by the Government of 

3 Pakistan that— 

4 (A) these groups pose a threat to the na5 tional interests of Pakistan; and 

6 (B) confronting the threat posed by these 

7 groups is critical to the national interests of 

8 Pakistan. 

9 (b) USE OF FUNDS.— 

10 (1) IN GENERAL.—Funds in the Pakistan 

11 Counterinsurgency Fund pursuant to a transfer 

12 under subsection (a) shall be available to the Sec13 retary of Defense to provide assistance to the secu14 rity forces of Pakistan to build the counterinsur15 gency capability of the Pakistan military forces and 

16 the Pakistan Frontier Corps. 

17 (2) TYPES OF ASSISTANCE.—Assistance pro18 vided under this subsection may include the provi19 sion of equipment, supplies, services, training, facil20 ity and infrastructure repair, renovation, construc21 tion and funding. 

22 (3) URGENT HUMANITARIAN RELIEF AND RE23 CONSTRUCTION.—In addition to the assistance re24 ferred to in paragraph (2), up to $4,000,000 of the 

25 funds in the Pakistan Counterinsurgency Fund pur-
766 

†S 1391 ES

1 suant to a transfer described in subsection (a) may 

2 be used for a program to respond to urgent humani3 tarian relief and reconstruction requirements that 

4 will immediately assist Pakistani people affected by 

5 military operations. 

6 (c) AUTHORITY IN ADDITION TO OTHER AUTHORI7 TIES.—The authority to provide assistance under this sec8 tion is in addition to any other authority to provide assist9 ance to foreign nations. 

10 (d) TRANSFERS AUTHORITY.— 

11 (1) TRANSFERS AUTHORIZED.—Subject to 

12 paragraph (2), funds in the Pakistan Counterinsur13 gency Fund pursuant to a transfer described in sub14 section (a) may be transferred by the Secretary of 

15 Defense from the Pakistan Counterinsurgency Fund 

16 to any of the following accounts and funds of the 

17 Department of Defense to accomplish the purposes 

18 specified in subsection (b): 

19 (A) Operation and maintenance accounts. 

20 (B) Procurement accounts. 

21 (C) Research, development, test, and eval22 uation accounts. 

23 (D) Defense working capital funds. 

24 (E) Overseas Humanitarian, Disaster, and 

25 Civic Aid account. 
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1 (2) ADDITIONAL AUTHORITY.—The transfer au2 thority provided by paragraph (1) is in addition to 

3 any other transfer authority available to the Depart4 ment of Defense. 

5 (3) EFFECT ON AUTHORIZATION AMOUNTS.—A 

6 transfer of an amount to an account under the au7 thority in paragraph (1) shall be deemed to increase 

8 the amount authorized for such account by an 

9 amount equal to the amount transferred. 

10 (e) PRIOR NOTICE TO CONGRESS OF TRANSFER.— 

11 Funds in the Pakistan Counterinsurgency Fund pursuant 

12 to a transfer described in subsection (a) may not be trans13 ferred under subsection (d)(1) from the Pakistan Counter14 insurgency Fund until 15 days after the date on which 

15 the Secretary of Defense notifies the appropriate commit16 tees of Congress in writing of the details of the proposed 

17 transfer. 

18 (f) QUARTERLY REPORTS.—Not later than 30 days 

19 after the end of each fiscal-year quarter of fiscal years 

20 2010 and 2011, the Secretary of Defense shall submit to 

21 the appropriate committees of Congress a report summa22 rizing the details of any obligation or transfer of funds 

23 from the Pakistan Counterinsurgency Fund under this 

24 section during such fiscal-year quarter. 
768 

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1 (g) DURATION OF AUTHORITY.—Amounts trans2 ferred to the Pakistan Counterinsurgency Fund as de3 scribed in subsection (a) are available for obligation or 

4 transfer from the Pakistan Counterinsurgency Fund in ac5 cordance with this section until September 30, 2011. 

6 (h) APPROPRIATE COMMITTEES OF CONGRESS DE7 FINED.—In this section, the term ‘‘appropriate commit8 tees of Congress’’ means— 

9 (1) the Committee on Armed Services, the 

10 Committee on Foreign Relations, and the Committee 

11 on Appropriations of the Senate; and 

12 (2) the Committee on Armed Services, the 

13 Committee on Foreign Affairs, and the Committee 

14 on Appropriations of the House of Representatives. 

Passed the Senate July 23, 2009. 

Attest: 

Secretary. 

111TH CONGRESS 

1ST SESSION S. 1391 

AN ACT 

To authorize appropriations for fiscal year 2010 for 

fiscal year, and for other purposes. to prescribe military personnel strengths for such military activities of the Department of Defense,