II 

Calendar No. 90 

111TH CONGRESS 

1ST SESSION S. 1391 

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. 

IN THE SENATE OF THE UNITED STATES 

JULY 2, 2009 

Mr. LEVIN, from the Committee on Armed Services reported under authority 

of the order of the Senate of June 25, 2009, the following original bill; 

which was read twice and placed on the calendar 

A BILL 

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, 

3 SECTION 1. SHORT TITLE. 

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

5 Authorization Act for Fiscal Year 2010’’. 


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1 SEC. 2. TABLE OF CONTENTS. 

2 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. 

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. 

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. 

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 

Subtitle A—Authorization of Appropriations 

Sec. 201. Authorization of appropriations. 

Subtitle B—Program Requirements, Restrictions, and Limitations 

Sec. 211. Continued development of competitive propulsion system for the 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. 


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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. 

Subtitle D—Other Matters 

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

TITLE III—OPERATION AND MAINTENANCE 

Subtitle A—Authorization of Appropriations 

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. 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. 


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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. 

Subtitle E—Reports 

Sec. 341. Study on Army modularity. 

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 2011 and 2012. 

Subtitle B—Reserve Forces 

Sec. 411. End strengths for Selected Reserve. 

Sec. 412. End strengths for Reserves on active duty in support of the Reserves. 

Sec. 413. End strengths for military technicians (dual status). 

Sec. 414. Fiscal year 2010 limitation on number of non-dual status technicians. 

Sec. 415. Maximum number of reserve personnel authorized to be on active 

duty for operational support. 

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

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. 

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. 


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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. 

Subtitle E—Military Justice and Legal Assistance Matters 

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. 

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. 

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. 


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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 

combat-related catastrophic 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 

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. 

Subtitle D—Other Matters 

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

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. 

Subtitle B—Other Health Care Benefits 

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


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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. 

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. 

Subtitle D—Wounded Warrior Matters 

Sec. 731. Report on cognitive rehabilitation for members of the Armed Forces 

with Traumatic Brain Injury. 

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

Transition of Recovering Wounded, Ill, and Injured Members 

of the Armed Forces. 

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. 

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. 

Subtitle D—Other Matters 


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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. 

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. 

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 

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. 

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. 


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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. 

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. 

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. 

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. 

Subtitle H—Other Matters 


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Sec. 1081. Transfer of Navy aircraft N40VT. 

Sec. 1082. Transfer of Big Crow aircraft. 

TITLE XI—CIVILIAN PERSONNEL MATTERS 

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. 

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. 

Subtitle B—Reports 

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

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. 

TITLE XIII—COOPERATIVE THREAT REDUCTION 

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

Sec. 1302. Funding allocations. 


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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 

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. 


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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. 

5 TITLE I—PROCUREMENT 

6 Subtitle A—Authorization of 

7 Appropriations 

8 SEC. 101. ARMY. 

9 Funds are hereby authorized to be appropriated for 

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

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

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

13 (3) For weapons and tracked combat vehicles, 

14 $2,451,952,000. 

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

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

17 SEC. 102. NAVY AND MARINE CORPS. 

18 (a) NAVY.—Funds are hereby authorized to be appro19 priated for fiscal year 2010 for procurement for the Navy 

20 as follows: 

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

22 (2) For weapons, including missiles and tor23 pedoes, $3,515,455,000. 

24 (3) For shipbuilding and conversion, 

25 $13,776,867,000. 

26 (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 Subtitle B—Navy Programs 

8 SEC. 111. TREATMENT OF LITTORAL COMBAT SHIP PRO9 GRAM AS A MAJOR DEFENSE ACQUISITION 

10 PROGRAM. 

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

12 the program for the Littoral Combat Ship shall be treated 

13 as a major defense acquisition program for purposes of 

14 chapter 144 of title 10, United States Code. 

15 SEC. 112. REPORT ON STRATEGIC PLAN FOR HOME16 PORTING THE LITTORAL COMBAT SHIP. 

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

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

19 of the Navy shall submit to the congressional defense com20 mittees a report setting forth the strategic plan of the 

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

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

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

24 (a) shall include the following: 

25 (1) The requirements for homeporting of the 

26 Littoral Combat ship of the commanders of the comVerDate Nov 24 2008 23:21 Jul 02, 2009 Jkt 059200 PO 00000 Frm 00014 Fmt 6652 Sfmt 6201 E:\BILLS\S1391.PCS S1391

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1 batant commands, set forth by geographic area of 

2 responsibility (AOR). 

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

4 Navy will meet the requirements identified under 

5 paragraph (1). 

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

7 Littoral Combat Ship on each port in which such 

8 ship could be homeported. 

9 (4) A map, based on the current plan of 55 Lit10 toral Combat Ships, identifying where each ship will 

11 homeport and how such ports will accommodate both 

12 types of Littoral Combat Ships, based on the current 

13 program and a 313-ship Navy. 

14 (5) An estimate of the costs of infrastructure 

15 required for Littoral Combat Ships at each home16 port, including— 

17 (A) existing infrastructure; and 

18 (B) such upgraded infrastructure as may 

19 be required. 

20 SEC. 113. PROCUREMENT PROGRAMS FOR FUTURE NAVAL 

21 SURFACE COMBATANTS. 

22 (a) LIMITATION ON AVAILABILITY OF FUNDS PEND23 ING REPORTS ABOUT SURFACE COMBATANT SHIP24 BUILDING PROGRAMS.—The Secretary of the Navy may 

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


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1 advanced procurement of materials for, a surface combat2 ant to be constructed after fiscal year 2011 until the Sec3 retary has submitted to Congress each of the following: 

4 (1) An acquisition strategy for such surface 

5 combatants that has been approved by the Depart6 ment of Defense. 

7 (2) The results of reviews by the Joint Require8 ments Oversight Council for an Acquisition Category 

9 I program that supports the need for an acquisition 

10 strategy to procure surface combatants after fiscal 

11 year 2011. 

12 (3) A verification by an independent review 

13 panel convened by the Secretary of Defense that, in 

14 evaluating the shipbuilding program concerned, the 

15 Secretary of the Navy considered each of the fol16 lowing: 

17 (A) Modeling and simulation, including 

18 war gaming conclusions regarding combat effec19 tiveness for the selected ship platforms as com20 pared to other reasonable alternative ap21 proaches. 

22 (B) Assessments of platform operational 

23 availability. 

24 (C) Life cycle costs from vessel manning 

25 levels to accomplish missions. 


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1 (4) An intelligence analysis reflecting a coordi2 nated threat assessment of the Defense Intelligence 

3 Agency that provides the basis for deriving the mix 

4 of platforms in the shipbuilding program concerned 

5 when compared with the surface combatants in the 

6 2009 shipbuilding plan. 

7 (5) The differences in cost and schedule arising 

8 from the need to accommodate new sensors and 

9 weapons in future surface combatants to counter the 

10 future threats referred to in paragraph (4) when 

11 compared with the cost and schedule arising from 

12 the need to accommodate sensors and weapons on 

13 surface combatants as contemplated by the 2009 

14 shipbuilding plan for the vessels concerned. 

15 (6) A verification by the commanders of the 

16 combatant commands that the shipbuilding program 

17 for the vessels concerned would be preferable to the 

18 surface combatants included in the 2009 ship19 building plan for the vessels concerned in meeting all 

20 of their future mission requirements. 

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

22 Defense Agency setting forth additional require23 ments for investment in Aegis ballistic missile de24 fense (BMD) beyond the number of DDG–51 and 

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1 sion area in the budget of the President for fiscal 

2 year 2010 (as submitted to Congress pursuant to 

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

4 (b) FUTURE SURFACE COMBATANT ACQUISITION

5 STRATEGY.—Not later than the date upon which Presi6 dent submits to Congress the budget for fiscal year 2012 

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

8 to the congressional defense committees a plan to provide 

9 for full and open competition on the combat systems for 

10 surface combatants proposed in the future-years defense 

11 program submitted to Congress under section 221 of title 

12 10, United States Code, together with such budget. The 

13 plan shall include specifics on the intent of the Navy to 

14 satisfy criteria described in subsection (a) and evaluate ap15 plicable technologies during the request for proposal and 

16 selection process. 

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

18 120 days after the enactment of this Act, the Secretary 

19 of the Navy shall submit to the congressional defense com20 mittees an update to the March 2006 Report to Congress 

21 on Naval Surface Fire Support. The update shall identify 

22 how the Department of Defense intends to address any 

23 shortfalls between required naval surface fire support ca24 pability and the plan of the Navy to provide that capa25 bility. The update shall include addenda by the Chief of 


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1 Naval Operations and Commandant of the Marine Corps, 

2 as was the case in the 2006 report. 

3 (d) TECHNOLOGY ROADMAP FOR FUTURE SURFACE

4 COMBATANTS AND FLEET MODERNIZATION.— 

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

6 after the date of the enactment of this Act, the Sec7 retary of the Navy shall develop a plan to incor8 porate into surface combatants constructed after 

9 2011, and into fleet modernization programs, the 

10 technologies developed for the DDG–1000 destroyer 

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

12 the following: 

13 (A) For the DDG–1000 destroyer— 

14 (i) combat system; 

15 (ii) multi-function and dual-band ra16 dars; 

17 (iii) hull, mechanical and electrical 

18 systems achieving significant manpower 

19 savings; and 

20 (iv) integrated electric propulsion 

21 technologies. 

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

23 ships— 

24 (i) combat system, including missile 

25 defense capability; 


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1 (ii) hull, mechanical and electrical sys2 tems achieving manpower savings; and 

3 (iii) anti-submarine warfare sensor 

4 systems designed for operating in open 

5 ocean areas. 

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

7 paragraph (1) shall include sufficient detail for sys8 tems and subsystems to ensure that the plan— 

9 (A) avoids redundant development for com10 mon functions; 

11 (B) reflects implementation of Navy plans 

12 for achieving an open architecture for all naval 

13 surface combat systems; and 

14 (C) fosters full and open competition. 

15 (e) DEFINITION.—In this section: 

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

17 the 30-year shipbuilding plan submitted to Congress 

18 pursuant to section 231, title 10, United States 

19 Code, together with the budget of the President for 

20 fiscal year 2009 (as submitted to Congress pursuant 

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

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

23 cruiser, a destroyer, or any naval vessel under a pro24 gram currently designated as a future surface com25 batant program. 


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1 SEC. 114. REPORT ON A SERVICE LIFE EXTENSION PRO2 GRAM FOR OLIVER HAZARD PERRY CLASS 

3 FRIGATES. 

4 Not later than 90 days after the date of the enact5 ment of this Act, the Secretary of the Navy shall submit 

6 to the congressional defense committees a report setting 

7 forth the following: 

8 (1) A detailed analysis of a service life exten9 sion program (SLEP) for the Oliver Hazard Perry 

10 class frigates (FFGs), including— 

11 (A) the cost of the program; 

12 (B) a schedule for the program; and 

13 (C) the shipyards available to carry out the 

14 work under the program. 

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

16 313-ship fleet as contemplated by the 2006 Quad17 rennial Defense Review, including a comparison for 

18 purposes of that plan of decommissioning Oliver 

19 Hazard Perry class frigates as scheduled with ex20 tending the service life of such frigates under the 

21 service life extension program. 

22 (3) The strategic plan of the Navy for the man23 ner in which the Littoral Combat Ship (LCS) will 

24 fulfill the roles and missions currently performed by 

25 the Oliver Hazard Perry class frigates as they are 

26 decommissioned. 


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1 (4) The strategic plan of the Navy for the Lit2 toral Combat Ship if the extension of the service life 

3 of the Oliver Hazard Perry class frigates alleviates 

4 demand arising under the current capabilities gap in 

5 the Littoral Combat Ship. 

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

7 Navy has met the needs of the United States South8 ern Command over time, including the assets and 

9 vessels the Navy has deployed for military-to-mili10 tary engagements, UNITAS exercises, and 

11 counterdrug operations in support of the Com12 mander of the United States Southern Command 

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

14 report. 

15 Subtitle C—Air Force Matters 

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

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

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

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

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

21 active inventory below 111 until— 

22 (1) the Air Force has modified a C–5A aircraft 

23 to the configuration referred to as the Reliability 

24 Enhancement and Reengining Program (RERP) 

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1 velopment and Demonstration program as of May 1, 

2 2003; and 

3 (2) the Director of Operational Test and Eval4 uation of the Department of Defense— 

5 (A) conducts an operational evaluation of 

6 that aircraft, as so modified; and 

7 (B) provides to the Secretary of Defense 

8 and the congressional defense committees an 

9 operational assessment. 

10 (b) OPERATIONAL EVALUATION.—An operational 

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

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

13 and evaluation of the aircraft, as so modified, of the per14 formance of the aircraft with respect to reliability, main15 tainability, and availability and with respect to critical 

16 operational issues. 

17 (c) OPERATIONAL ASSESSMENT.—An operational as18 sessment for purposes of paragraph (2)(B) of subsection 

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

20 C–5A aircraft to the configuration referred to in sub21 section (a)(1) regarding both overall suitability and defi22 ciencies of the program to improve performance of the C– 

23 5A aircraft relative to requirements and specifications for 

24 reliability, maintainability, and availability of that aircraft 

25 as in effect on May 1, 2003. 


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1 (d) ADDITIONAL LIMITATIONS ON RETIREMENT OF

2 AIRCRAFT.—The Secretary of the Air Force may not re3 tire C–5 aircraft from the active inventory as of the date 

4 of this Act until the later of the following: 

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

6 which the Director of Operational Test and Evalua7 tion submits the report referred to in subsection 

8 (a)(2)(B). 

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

10 which the Secretary submits the report required 

11 under subsection (e). 

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

13 which the Secretary certifies to the congressional de14 fense committees that— 

15 (A) the retirement of such aircraft will not 

16 increase the operational risk of meeting the Na17 tional Defense Strategy; and 

18 (B) the retirement of such aircraft will not 

19 reduce the total strategic airlift force structure 

20 below 324 strategic airlift aircraft. 

21 (e) REPORT ON RETIREMENT OF AIRCRAFT.—The 

22 Secretary of the Air Force shall submit to the congres23 sional defense committees a report setting forth the fol24 lowing: 


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1 (1) The rationale for the retirement of existing 

2 C–5 aircraft and a cost/benefit analysis of alter3 native strategic airlift force structures, including the 

4 force structure that would result from the retirement 

5 of such aircraft. 

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

7 applying the Reliability Enhancement and Re8 engining Program (RERP) modification to the en9 tire the C–5A aircraft fleet. 

10 (3) An assessment of the implications for the 

11 Air Force, the Air National Guard, and the Air 

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

13 and C–5M aircraft. 

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

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

16 Aircraft Inventory (BAI) status as a hedge against 

17 future requirements of such aircraft. 

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

19 implications of transferring C–5 aircraft to United 

20 States flag carriers operating in the Civil Reserve 

21 Air Fleet (CRAF) program or to coalition partners 

22 in lieu of the retirement of such aircraft. 

23 (6) Such other matters relating to the retire24 ment of C–5 aircraft as the Secretary considers ap25 propriate. 


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1 (f) MAINTENANCE OF AIRCRAFT UPON RETIRE2 MENT.—The Secretary of the Air Force shall maintain 

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

4 of this Act in Type 1000 storage until opportunities for 

5 the transfer of such aircraft as described in subsection 

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

7 SEC. 122. REVISED AVAILABILITY OF CERTAIN FUNDS 

8 AVAILABLE FOR THE F–22A FIGHTER AIR9 CRAFT. 

10 (a) REPEAL OF AUTHORITY ON AVAILABILITY OF

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

12 Hunter National Defense Authorization Act for Fiscal 

13 Year 2009 (Public Law 110–417; 122 Stat. 4378) is re14 pealed. 

15 (b) AVAILABILITY OF ADVANCE PROCUREMENT

16 FUNDS FOR OTHER F–22A AIRCRAFT MODERNIZATION

17 PRIORITIES.—Subject to the provisions of appropriations 

18 Acts and applicable requirements relating to the transfer 

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

20 amounts authorized to be appropriated for fiscal year 

21 2009 by section 103(1) for aircraft procurement for the 

22 Air Force and available for advance procurement for the 

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

24 subaccounts for aircraft procurement for the Air Force for 


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1 purposes of providing funds for other modernization prior2 ities with respect to the F–22A fighter aircraft. 

3 SEC. 123. REPORT ON POTENTIAL FOREIGN MILITARY 

4 SALES OF THE F–22A FIGHTER AIRCRAFT. 

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, in coordination with the Secretary of 

8 State and in consultation with the Secretary of the Air 

9 Force, submit to the congressional defense committees, 

10 the Committee on Foreign Relations of the Senate, and 

11 the Committee on Foreign Affairs of the House of Rep12 resentatives a report on potential foreign military sales of 

13 the F–22A fighter aircraft. 

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

15 (a) shall include the following: 

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

17 States Government, industry, and any foreign mili18 tary sales customer of developing an exportable 

19 version of the F–22A fighter aircraft. 

20 (2) An assessment whether an exportable 

21 version of the F–22A fighter aircraft is technically 

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

23 achieving an exportable version of the aircraft. 


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1 (3) An assessment of the potential strategic im2 plications of permitting foreign military sales of the 

3 F–22A fighter aircraft. 

4 (4) An assessment of the impact of foreign mili5 tary sales of the F–22A fighter aircraft on the 

6 United States aerospace and aviation industry, and 

7 the advantages and disadvantages of such sales for 

8 sustaining that industry. 

9 (5) An identification of any modifications to 

10 current law that are required to authorize foreign 

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

12 SEC. 124. NEXT GENERATION BOMBER AIRCRAFT. 

13 (a) FINDINGS.—Congress makes the following find14 ings: 

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

16 which the United States needs to retain a credible 

17 and dominant capability. 

18 (2) Long range, penetrating strike systems pro19 vide— 

20 (A) a hedge against being unable to obtain 

21 access to forward bases for political reasons; 

22 (B) a capacity to respond quickly to con23 tingencies; 


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

2 emerging adversary anti-access and area-denial 

3 capabilities; and 

4 (D) the ability to impose disproportionate 

5 defensive costs on prospective adversaries of the 

6 United States. 

7 (3) The 2006 Quadrennial Defense Review 

8 found that there was a requirement for a next gen9 eration bomber aircraft and directed the United 

10 States Air Force to ‘‘develop a new land-based, pen11 etrating long range strike capability to be fielded by 

12 2018’’. 

13 (4) On April 6, 2009, Secretary Gates an14 nounced that the United States ‘‘will not pursue a 

15 development program for a follow-on Air Force 

16 bomber until we have a better understanding of the 

17 need, the requirement and the technology’’. 

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

19 announced the termination of the next generation 

20 bomber aircraft program in the document of the Of21 fice of Management and Budget entitled ‘‘Termi22 nations, Reductions, and Savings’’, stating that 

23 ‘‘there is no urgent need to begin an expensive devel24 opment program for a new bomber’’ and that ‘‘the 


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1 future bomber fleet may not be affordable over the 

2 next six years’’. 

3 (6) The United States will need a new long4 range strike capability because the conflicts of the 

5 future will likely feature heavily defended airspace, 

6 due in large part to the proliferation of relatively in7 expensive, but sophisticated and deadly, air defense 

8 systems. 

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

10 Defense Intelligence Agency, noted during a March 

11 10, 2009, hearing of the Committee on Armed Serv12 ices of the Senate on worldwide threats that ‘‘Rus13 sia, quite frankly, is the developer of most of those 

14 [advanced air defense] systems and is exporting 

15 those systems both to China and to other countries 

16 in the world’’. 

17 (8) The Final Report of the Congressional 

18 Commission on the Strategic Posture of the United 

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

20 states that ‘‘[t]he bomber force is valuable particu21 larly for extending deterrence in time of crisis, as 

22 their deployment is visible and signals U.S. commit23 ment. Bombers also impose a significant cost burden 

24 on potential adversaries in terms of the need to in25 vest in advanced air defenses’’. 


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1 (9) The commanders of the United States Pa2 cific Command, the United States Strategic Com3 mand, and the United States Joint Forces Com4 mand have each testified before the Committee on 

5 Armed Services of the Senate in support of the ca6 pability that the next generation bomber aircraft 

7 would provide. 

8 (10) On June 17, 2009, General James Cart9 wright, Vice-Chairman of the Joint Chiefs of Staff 

10 and chair of the Joint Requirements Oversight 

11 Council, stated during a hearing before the Com12 mittee on Armed Services of the Senate that ‘‘the 

13 nation needs a new bomber’’. 

14 (11) Nearly half of the United States bomber 

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

16 Missile Crisis. 

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

18 United States possesses today with reach and surviv19 ability to have a chance of successfully executing 

20 missions more than 1,000 nautical miles into enemy 

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

22 combat ready B-2 bomber aircraft. 

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

24 the 1980s and achieved initial operational capability 

25 over a decade ago. 


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

2 aircraft during takeoff at Guam in early 2008 indi3 cates that attrition can and does occur even in 

4 peacetime. 

5 (15) The primary mission requirement of the 

6 next generation bomber aircraft is the ability to 

7 strike targets anywhere on the globe with whatever 

8 weapons the contingency requires. 

9 (16) The requisite aerodynamic, structural, and 

10 low-observable technologies to develop the next gen11 eration bomber aircraft already exist in fifth-genera12 tion fighter aircraft. 

13 (b) POLICY ON CONTINUED DEVELOPMENT OF NEXT

14 GENERATION BOMBER AIRCRAFT IN FISCAL YEAR

15 2010.—It is the policy of the United States to support 

16 a development program for next generation bomber air17 craft technologies. 

18 Subtitle D—Joint and Multiservice 

19 Matters 

20 SEC. 131. MODIFICATION OF NATURE OF DATA LINK UTI21 LIZABLE BY TACTICAL UNMANNED AERIAL 

22 VEHICLES. 

23 Section 141(a)(1) of the National Defense Authoriza24 tion Act for Fiscal Year 2006 (Public Law 109–163; 119 

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


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1 the Tactical Common Data Link is replace by an updated 

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

3 data link that uses waveform capable of transmitting and 

4 receiving Internet Protocol communications’’. 

5 TITLE II—RESEARCH, DEVELOP6 MENT, TEST, AND EVALUA7 TION 

8 Subtitle A—Authorization of 

9 Appropriations 

10 SEC. 201. AUTHORIZATION OF APPROPRIATIONS. 

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

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

13 Department of Defense for research, development, test, 

14 and evaluation as follows: 

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

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

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

18 (4) For Defense-wide activities, 

19 $20,555,270,000. 

20 (5) For Operational Test and Evaluation, De21 fense, $190,770,000. 

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

23 appropriated by subsection (a) shall be available, in ac24 cordance with the requirements of section 4001, for 


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

2 specified in the funding table in section 4201. 

3 Subtitle B—Program Require4 ments, Restrictions, and Limita5 tions 

6 SEC. 211. CONTINUED DEVELOPMENT OF COMPETITIVE 

7 PROPULSION SYSTEM FOR THE JOINT 

8 STRIKE FIGHTER PROGRAM. 

9 Of the amounts authorized to be appropriated or oth10 erwise made available for fiscal year 2010 for research, 

11 development, test, and evaluation for the F–35 Lightning 

12 II aircraft program, not more than 90 percent may be ob13 ligated until the Secretary of Defense submits to the con14 gressional defense committees a written certification that 

15 sufficient funds have been obligated for fiscal year 2010 

16 for the continued development of a competitive propulsion 

17 system for the F–35 Lightning II aircraft to ensure that 

18 system development and demonstration continues under 

19 the program during fiscal year 2010 


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1 SEC. 212. ENHANCEMENT OF DUTIES OF DIRECTOR OF DE2 PARTMENT OF DEFENSE TEST RESOURCE 

3 MANAGEMENT CENTER WITH RESPECT TO 

4 THE MAJOR RANGE AND TEST FACILITY 

5 BASE. 

6 (a) AUTHORITY TO REVIEW PROPOSALS FOR SIG7 NIFICANT CHANGES.—Section 196(c) of title 10, United 

8 States Code, is amended— 

9 (1) in paragraph (1), by redesignating subpara10 graphs (A) and (B) as clauses (i) and (ii), respec11 tively; 

12 (2) by redesignating paragraphs (1) through 

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

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

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

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

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

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

19 redesignated, the following new subparagraph (B): 

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

21 the test and evaluation facilities and resources of the 

22 Major Range and Test Facility Base before they are 

23 implemented by the Secretaries of the military de24 partments or the heads of the Defense Agencies with 

25 test and evaluation responsibilities and advise the 

26 Secretary of Defense and the Under Secretary of 


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1 Acquisition, Technology, and Logistics of the impact 

2 of such changes on the adequacy of such test and 

3 evaluation facilities and resources to meet the test 

4 and evaluation requirements of the Department.’’. 

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

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

7 paragraph: 

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

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

10 elements of the Major Range and Test Facility Base, in11 cluding the records and data of each military department 

12 and Defense Agency, that the Director considers necessary 

13 in order to carry out the Director’s duties under para14 graph (1)(B).’’. 

15 SEC. 213. GUIDANCE ON SPECIFICATION OF FUNDING RE16 QUESTED FOR OPERATION, SUSTAINMENT, 

17 MODERNIZATION, AND PERSONNEL OF 

18 MAJOR RANGES AND TEST FACILITIES. 

19 (a) GUIDANCE ON SPECIFICATION OF FUNDING.— 

20 The Secretary of Defense shall, acting through the Under 

21 Secretary of Defense (Comptroller) and the Director of 

22 the Department of Defense Test Resource Management 

23 Center, issue guidance on the specification by the military 

24 departments and Defense Agencies of amounts to be re25 quested in the budget of the President for a fiscal year 


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

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

3 and resource of the Major Range and Test Facility Base 

4 in connection with each of the following: 

5 (1) Operation. 

6 (2) Sustainment. 

7 (3) Investment and modernization. 

8 (4) Government personnel. 

9 (5) Contractor personnel. 

10 (b) APPLICABILITY.—The guidance issued under sub11 section (a) shall apply with respect to budgets of the Presi12 dent for fiscal years after fiscal year 2010. 

13 (c) MAJOR RANGE AND TEST FACILITY BASE DE14 FINED.—In this section, the term ‘‘Major Range and Test 

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

16 196(h) of title 10, United States Code. 

17 SEC. 214. PERMANENT AUTHORITY FOR THE JOINT DE18 FENSE MANUFACTURING TECHNOLOGY 

19 PANEL. 

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

21 amended— 

22 (1) by redesignating subsection (e) as sub23 section (f); and 

24 (2) by inserting after subsection (d) the fol25 lowing new subsection (e): 


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1 ‘‘(e) JOINT DEFENSE MANUFACTURING TECH2 NOLOGY PANEL.—(1) There is in the Department of De3 fense the Joint Defense Manufacturing Technology Panel. 

4 ‘‘(2)(A) The Chair of the Joint Defense Manufac5 turing Technology Panel shall be the head of the Panel. 

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

7 among the appropriate personnel of the military depart8 ments and Defense Agencies with manufacturing tech9 nology programs. 

10 ‘‘(B) The Panel shall be composed of at least one in11 dividual from among appropriate personnel of each mili12 tary department and Defense Agency with manufacturing 

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

14 members such individuals from other government organi15 zations, academia, and industry as the Chair considers ap16 propriate. 

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

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

19 the program. 

20 ‘‘(B) To conduct joint planning for the pro21 gram. 

22 ‘‘(C) To develop joint strategies for the pro23 gram. 


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1 ‘‘(4) In carrying out the purposes specified in para2 graph (3), the Panel shall perform the functions as fol3 lows: 

4 ‘‘(A) Conduct comprehensive reviews and as5 sessments of defense-related manufacturing issues 

6 being addressed by the manufacturing technology 

7 programs and related activities of the Department of 

8 Defense. 

9 ‘‘(B) Execute strategic planning to identify 

10 joint planning opportunities for increased coopera11 tion in the development and implementation of tech12 nological products and the leveraging of funding for 

13 such purposes with the private sector and other gov14 ernment agencies. 

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

16 requirements and programs under the program with 

17 Office of the Secretary of Defense and other na18 tional-level initiatives, including the establishment of 

19 information exchange processes with other govern20 ment agencies, private industry, academia, and pro21 fessional associations. 

22 ‘‘(D) Conduct such other functions as the 

23 Under Secretary of Defense for Acquisition, Tech24 nology, and Logistics shall specify. 


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

2 from the Director of Defense Research and Engineering 

3 on manufacturing technology issues of multi-service con4 cern and application. 

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

6 be borne by each military department and Defense Agency 

7 with manufacturing technology programs in such manner 

8 as the Panel shall provide.’’. 

9 SEC. 215. EXTENSION AND ENHANCEMENT OF GLOBAL RE10 SEARCH WATCH PROGRAM. 

11 (a) LIMITATION ON AVAILABILITY OF CERTAIN

12 FUNDS FOR MILITARY DEPARTMENTS PENDING PROVI13 SION OF ASSISTANCE UNDER PROGRAM.—Subsection (d) 

14 of section 2365 of title 10, United States Code, is amend15 ed by adding at the end the following new paragraph: 

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

17 a fiscal year for monitoring or analyzing the research ac18 tivities and capabilities of foreign nations may not be obli19 gated or expended until the Director certifies to the Under 

20 Secretary of Defense for Acquisition, Technology, and Lo21 gistics that the Secretary of such military department has 

22 provided the assistance required under paragraph (2) . 

23 ‘‘(B) The limitation in subparagraph (A) shall not be 

24 construed to alter or effect the availability to a military 

25 department of funds for intelligence activities.’’. 


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1 (b) FOUR-YEAR EXTENSION OF PROGRAM.—Sub2 section (f) of such section is amended by striking ‘‘Sep3 tember 30, 2011’’ and inserting ‘‘September 30, 2015’’. 

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

5 PRIZES FOR ADVANCED TECHNOLOGY 

6 ACHIEVEMENTS. 

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

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

9 ‘‘September 30, 2013’’. 

10 SEC. 217. MODIFICATION OF REPORT REQUIREMENTS RE11 GARDING DEFENSE SCIENCE AND TECH12 NOLOGY PROGRAM. 

13 Section 212 of the National Defense Authorization 

14 Act for Fiscal Year 2000 (10 U.S.C. 2501 note) is amend15 ed by striking subsection (b), (c), and (d) and inserting 

16 the following new subsections: 

17 ‘‘(b) FUNDING OBJECTIVE.—It is the sense of Con18 gress that it should be an objective of the Secretary of 

19 Defense to increase the budget for the Defense Science 

20 and Technology Program, including the science and tech21 nology program of each military department, for each fis22 cal year after fiscal year 2010 over the budget for that 

23 program for the preceding fiscal year by a percent that 

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

25 by the Office of Management and Budget. 


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1 ‘‘(c) ACTIONS FOLLOWING FAILURE TO COMPLY

2 WITH OBJECTIVE.—If the proposed budget of the Depart3 ment of Defense for a fiscal year fails to comply with the 

4 objective set forth in subsection (b), the Secretary of De5 fense shall submit to the congressional defense committees 

6 each of the following: 

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

8 budget is submitted to Congress, a detailed, 

9 prioritized list, including estimates of required fund10 ing, of proposals for science and technology projects 

11 received by the Department through competitive so12 licitations in the fiscal year preceding the fiscal year 

13 covered by the proposed budget which were not 

14 funded but represent science and technology oppor15 tunities that support the research and development 

16 programs and goals of the military departments and 

17 the Defense Agencies. 

18 ‘‘(2) Not later than six months after the pro19 posed budget is submitted to Congress, an inde20 pendent assessment, in both classified and unclassi21 fied form (as necessary), of any research, tech22 nology, or engineering areas that are of interest to 

23 the Department in which the United States may not 

24 have global technical leadership within the next 10 

25 years. 


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

2 terminate on December 31, 2014.’’. 

3 SEC. 218. PROGRAMS FOR GROUND COMBAT VEHICLE AND 

4 SELF PROPELLED HOWITZER CAPABILITIES 

5 FOR THE ARMY. 

6 (a) PROGRAMS REQUIRED.— 

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

8 shall carry out a separate program to achieve each 

9 of the following: 

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

11 an operationally effective, suitable, survivable, 

12 and affordable next generation ground combat 

13 vehicle for the Army. 

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

15 an operationally effective, suitable, survivable, 

16 and affordable next generation self-propelled 

17 howitzer capability for the Army. 

18 (2) COMPLIANCE WITH CERTAIN ACQUISITION

19 REQUIREMENTS.—Each program under paragraph 

20 (1) shall comply with the requirements of the Weap21 ons Systems Acquisition Reform Act of 2009, and 

22 the amendments made by that Act . 

23 (b) STRATEGY AND PLAN FOR ACQUISITION.— 

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

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1 sional defense committees a report setting forth a 

2 strategy and plan for the acquisition of weapon sys3 tems under the programs required by subsection (a). 

4 Each strategy and plan shall include measurable 

5 goals and objectives for the acquisition of such 

6 weapon systems, and shall identify all proposed 

7 major development, testing, procurement, and field8 ing events toward the achievement of such goals and 

9 objectives. 

10 (2) ELEMENTS.—In developing each strategy 

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

12 consider the following: 

13 (A) A single vehicle or family of vehicles 

14 utilizing a common chassis and automotive com15 ponents. 

16 (B) The incorporation of weapon, vehicle, 

17 communications, network, and system of sys18 tems common operating environment tech19 nologies developed under the Future Combat 

20 Systems program. 

21 (c) ANNUAL REPORTS.— 

22 (1) REPORTS REQUIRED.—The Secretary shall 

23 submit to the congressional defense committees, at 

24 the same time the President submits to Congress the 

25 budget for each of fiscal years 2011 through 2015 


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

2 31, United States Code), a report on the invest3 ments proposed to be made under such budget with 

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

5 (2) ELEMENTS.—Each report under paragraph 

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

7 budget with which such report is submitted— 

8 (A) the manner in which amounts re9 quested in such budget would be available for 

10 each program required by subsection (a); and 

11 (B) an assessment of the extent to which 

12 utilizing such amount in such manner would 

13 improve ground combat capabilities for the 

14 Army. 

15 SEC. 219. ASSESSMENT OF TECHNOLOGICAL MATURITY 

16 AND INTEGRATION RISK OF ARMY MOD17 ERNIZATION PROGRAMS. 

18 (a) ASSESSMENT REQUIRED.—The Director of De19 fense Research and Engineering shall, in consultation with 

20 the Director of Developmental Test and Evaluation, re21 view and assess the technological maturity and integration 

22 risk of critical technologies (as jointly identified by the Di23 rector and the Secretary of the Army for purposes of this 

24 section) of Army modernization programs and appropriate 

25 associated programs, including the programs as follows: 


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1 (1) Manned Ground Vehicle and Ground Com2 bat Vehicle. 

3 (2) Future Combat Systems network hardware 

4 and software. 

5 (3) Warfighter Information Network–Tactical, 

6 Increment 3. 

7 (4) Joint Tactical Radio System. 

8 (5) Reconnaissance unmanned aerial vehicles. 

9 (6) Future Combat Systems Spin Out tech10 nologies. 

11 (7) Any other programs jointly identified by the 

12 Director and the Secretary for purposes of this sec13 tion. 

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

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

16 shall submit to the congressional defense committees a re17 port on the technological maturity and integration risk of 

18 critical technologies of Army modernization and associated 

19 programs covered by the review and assessment required 

20 under subsection (a), as determined pursuant to that as21 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 

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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 

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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 SEC. 244. REPORT ON POTENTIAL MISSILE DEFENSE CO4 OPERATION WITH RUSSIA. 

5 (a) REPORT REQUIRED.— 

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

7 after the date of the enactment of this Act, the Sec8 retary of Defense shall submit to the congressional 

9 defense committees a report setting forth potential 

10 options for cooperation among or between the 

11 United States, the North Atlantic Treaty Organiza12 tion (NATO), and the Russian Federation on bal13 listic missile defense. 

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

15 unclassified form, but may include a classified 

16 annex. 

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

18 (a) shall include the following: 

19 (1) A description of proposals made by the 

20 United States, the North Atlantic Treaty Organiza21 tion, or the Russian Federation since January 1, 

22 2007, for potential missile defense cooperation 

23 among or between such countries and that organiza24 tion, including data sharing, cooperative regional 


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1 missile defense architectures, joint exercises, and 

2 transparency and confidence building measures. 

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

4 such countries and that organization of ballistic mis5 sile surveillance or early warning data, including 

6 data from the Russian early warning radars at 

7 Gabala in Azerbaijan, and Armavir in southern Rus8 sia or other radars, such as the United States radar 

9 proposed for deployment in the Czech Republic. 

10 (3) An assessment of the potential for imple11 mentation of the agreement between the United 

12 States and the Russian Federation on the establish13 ment of a Joint Data Exchange Center. 

14 (4) An assessment of the potential for missile 

15 defense cooperation between the Russian Federation 

16 and the North Atlantic Treaty Organization, includ17 ing through the NATO-Russia Council. 

18 (5) An assessment of the potential security ben19 efits to the United States, Russia, and the North At20 lantic Treaty Organization of the cooperation de21 scribed in paragraph (4). 

22 (6) Such other matters as the Secretary con23 siders appropriate. 


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1 Subtitle D—Other Matters 

2 SEC. 251. REPEAL OF REQUIREMENT FOR BIENNIAL JOINT 

3 WARFIGHTING SCIENCE AND TECHNOLOGY 

4 PLAN. 

5 Section 270 of the National Defense Authorization 

6 Act for Fiscal Year 1997 (10 U.S.C. 2501 note) is re7 pealed. 

8 TITLE III—OPERATION AND 

9 MAINTENANCE 

10 Subtitle A—Authorization of 

11 Appropriations 

12 SEC. 301. OPERATION AND MAINTENANCE FUNDING. 

13 (a) AUTHORIZATION OF APPROPRIATIONS.—Funds 

14 are hereby authorized to be appropriated for fiscal year 

15 2010 for the use of the Armed Forces and other activities 

16 and agencies of the Department of Defense, for expenses, 

17 not otherwise provided for, for operation and maintenance, 

18 in amounts as follows: 

19 (1) For the Army, $30,932,882,000. 

20 (2) For the Navy, $35,890,046,000. 

21 (3) For the Marine Corps, $5,547,223,000. 

22 (4) For the Air Force, $34,053,559,000. 

23 (5) For Defense-wide activities, 

24 $27,645,997,000. 

25 (6) For the Army Reserve, $2,623,796,000. 


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1 (7) For the Navy Reserve, $1,278,501,000. 

2 (8) For the Marine Corps Reserve, 

3 $228,925,000. 

4 (9) For the Air Force Reserve, $3,079,228,000. 

5 (10) For the Army National Guard, 

6 $6,260,634,000. 

7 (11) For the Air National Guard, 

8 $5,888,461,000. 

9 (12) For the United States Court of Appeals 

10 for the Armed Forces, $13,932,000. 

11 (13) For the Acquisition Development Work12 force Fund, $100,000,000. 

13 (14) For Environmental Restoration, Army, 

14 $415,864,000. 

15 (15) For Environmental Restoration, Navy, 

16 $285,869,000. 

17 (16) For Environmental Restoration, Air Force, 

18 $494,276,000. 

19 (17) For Environmental Restoration, Defense20 wide, $11,100,000. 

21 (18) For Environmental Restoration, Formerly 

22 Used Defense Sites, $267,700,000. 

23 (19) For Overseas Humanitarian, Disaster and 

24 Civic Aid programs, $109,869,000. 


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1 (20) For Cooperative Threat Reduction pro2 grams, $424,093,000. 

3 (21) For Overseas Contingency Operations 

4 Transfer Fund, $5,000,000. 

5 (b) FUNDING TABLE.—The amounts authorized by 

6 subsection (a) shall be available, in accordance with the 

7 requirements of section 4001, for projects, programs, and 

8 activities, and in the amounts, specified in the funding 

9 table in section 4301. 

10 Subtitle B—Environmental 

11 Provisions 

12 SEC. 311. REIMBURSEMENT OF ENVIRONMENTAL PROTEC13 TION AGENCY FOR CERTAIN COSTS IN CON14 NECTION WITH THE FORMER NANSEMOND 

15 ORDNANCE DEPOT SITE, SUFFOLK, VIRGINIA. 

16 (a) AUTHORITY TO REIMBURSE.— 

17 (1) TRANSFER AMOUNT.—Using funds de18 scribed in subsection (b) and notwithstanding sec19 tion 2215 of title 10, United States Code, the Sec20 retary of Defense may transfer not more than 

21 $68,623 during fiscal year 2010 to the Former 

22 Nansemond Ordnance Depot Site Special Account, 

23 within the Hazardous Substance Superfund. 

24 (2) PURPOSE OF REIMBURSEMENT.—The pay25 ment under paragraph (1) is final payment to reimVerDate Nov 24 2008 23:21 Jul 02, 2009 Jkt 059200 PO 00000 Frm 00066 Fmt 6652 Sfmt 6201 E:\BILLS\S1391.PCS S1391

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1 burse the Environmental Protection Agency for all 

2 costs incurred in overseeing a time critical removal 

3 action performed by the Department of Defense 

4 under the Defense Environmental Restoration Pro5 gram for ordnance and explosive safety hazards at 

6 the Former Nansemond Ordnance Depot Site, Suf7 folk, Virginia. 

8 (3) INTERAGENCY AGREEMENT.—The reim9 bursement described in paragraph (2) is provided for 

10 in an interagency agreement entered into by the De11 partment of the Army and the Environmental Pro12 tection Agency for the Former Nansemond Ord13 nance Depot Site in December 1999. 

14 (b) SOURCE OF FUNDS.—Any payment under sub15 section (a) shall be made using funds authorized to be ap16 propriated by section 301(a)(18) for operation and main17 tenance for Environmental Restoration, Formerly Used 

18 Defense Sites. 

19 (c) USE OF FUNDS.—The Environmental Protection 

20 Agency shall use the amount transferred under subsection 

21 (a) to pay costs incurred by the Agency at the Former 

22 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 

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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. 324. EXTENSION OF ARSENAL SUPPORT PROGRAM INI15 TIATIVE. 

16 Section 343 of the Floyd D. Spence National Defense 

17 Authorization Act for Fiscal Year 2001 (10 U.S.C. 4551 

18 note), as amended by section 341 of the National Defense 

19 Authorization Act for Fiscal Year 2008 (Public Law 110– 

20 181; 122 Stat. 69), is amended— 

21 (1) in subsection (a), by striking ‘‘2010’’ and 

22 inserting ‘‘2011’’; and 

23 (2) in subsection (g)(1), by striking ‘‘2010’’ 

24 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 

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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 

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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 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. 

24 (B) The ability to manage flexibility and 

25 versatility of Army forces across the range of 

26 military operations. 


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1 (C) The tactical, operational, and strategic 

2 risk associated with the heavy and light mod3 ular combat brigades and functional brigades. 

4 (D) The required and planned end 

5 strength for the Army. 

6 (2) FACTORS TO CONSIDER.—The study re7 quired under subsection (a) shall take into consider8 ation the following factors: 

9 (A) The Army’s historical experience with 

10 separate brigade structures. 

11 (B) The original Army analysis, including 

12 explicit or implicit assumptions, upon which the 

13 brigade combat team, functional brigade, and 

14 higher headquarters’ designs were based. 

15 (C) Subsequent analysis that confirmed or 

16 modified the original designs. 

17 (D) Lessons learned from Operations Iraqi 

18 Freedom and Enduring Freedom that con19 firmed or modified the original designs. 

20 (E) Improvements in brigade and head21 quarters designs the Army has made or is im22 plementing. 

23 (3) ACCESS TO INFORMATION.—The Secretary 

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1 cess to all necessary data, records, analysis, per2 sonnel, and other resources necessary to complete 

3 the study. 

4 (b) REPORT.—Not later than December 31, 2010, 

5 the Secretary of Defense shall submit to the congressional 

6 defense committees a report containing the results of the 

7 study conducted under subsection (a), together with com8 ments by the Chief of Staff of the Army and the Secretary 

9 of Defense. 

10 TITLE IV—MILITARY 

11 PERSONNEL AUTHORIZATIONS 

12 Subtitle A—Active Forces 

13 SEC. 401. END STRENGTHS FOR ACTIVE FORCES. 

14 The Armed Forces are authorized strengths for active 

15 duty personnel as of September 30, 2010, as follows: 

16 (1) The Army, 547,400. 

17 (2) The Navy, 328,800. 

18 (3) The Marine Corps, 202,100. 

19 (4) The Air Force, 331,700. 

20 SEC. 402. ADDITIONAL AUTHORITY FOR INCREASES OF 

21 ARMY ACTIVE DUTY END STRENGTHS FOR 

22 FISCAL YEARS 2011 AND 2012. 

23 (a) AUTHORITY TO INCREASE ARMY ACTIVE-DUTY

24 END STRENGTH.— 


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1 (1) AUTHORITY.—For each of fiscal years 2011 

2 and 2012, the Secretary of Defense may, as the Sec3 retary determines necessary for the purposes speci4 fied in paragraph (2), establish the active-duty end 

5 strength for the Army at a number greater than the 

6 number otherwise authorized by law up to the num7 ber equal to the fiscal-year 2010 baseline plus 

8 30,000. 

9 (2) PURPOSE OF INCREASES.—The purposes 

10 for which an increase may be made in the active11 duty end strength for the Army under paragraph (1) 

12 are the following: 

13 (A) To increase dwell time for members of 

14 the Army on active duty. 

15 (B) To support operational missions. 

16 (C) To achieve reorganizational objectives, 

17 including increased unit manning, force sta18 bilization and shaping, and supporting wounded 

19 warriors. 

20 (b) RELATIONSHIP TO PRESIDENTIAL WAIVER AU21 THORITY.—Nothing in this section shall be construed to 

22 limit the authority of the President under section 123a 

23 of title 10, United States Code, to waive any statutory 

24 end strength in a time of war or national emergency. 


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1 (c) RELATIONSHIP TO OTHER VARIANCE AUTHOR2 ITY.—The authority in subsection (a) is in addition to the 

3 authority to vary authorized end strengths that is provided 

4 in subsections (e) and (f) of section 115 of title 10, United 

5 States Code. 

6 (d) BUDGET TREATMENT.—If the Secretary of De7 fense plans to increase the active-duty end strength for 

8 the Army for fiscal year 2011 or 2012, the budget for 

9 the Department of Defense for such fiscal year as sub10 mitted to Congress shall include the amounts necessary 

11 for funding the active-duty end strength for the Army in 

12 excess of the fiscal-year 2010 baseline. 

13 (e) DEFINITIONS.—In this section: 

14 (1) FISCAL-YEAR 2010 BASELINE.—The term 

15 ‘‘fiscal-year 2010 baseline’’, with respect to the 

16 Army, means the active-duty end strength author17 ized for the Army in section 401(1). 

18 (2) ACTIVE-DUTY END STRENGTH.—The term 

19 ‘‘active-duty end strength’’, with respect to the Army 

20 for a fiscal year, means the strength for active duty 

21 personnel of Army as of the last day of the fiscal 

22 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 

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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 Subtitle C—Authorization of 

2 Appropriations 

3 SEC. 421. MILITARY PERSONNEL. 

4 (a) AUTHORIZATION OF APPROPRIATIONS.—There is 

5 hereby authorized to be appropriated for fiscal year 2010 

6 for the Department of Defense for military personnel 

7 amounts as follows: 

8 (1) For military personnel, $124,864,942,000. 

9 (2) For contributions to the Medicare-Eligible 

10 Retiree Health Fund, $10,751,339,000. 

11 (b) CONSTRUCTION OF AUTHORIZATION.—The au12 thorization of appropriations in subsection (a) supersedes 

13 any other authorization of appropriations (definite or in14 definite) for such purpose for fiscal year 2010. 

15 TITLE V—MILITARY PERSONNEL 

16 POLICY 

17 Subtitle A—Officer Personnel 

18 Policy 

19 SEC. 501. MODIFICATION OF LIMITATIONS ON GENERAL 

20 AND FLAG OFFICERS ON ACTIVE DUTY. 

21 (a) CLARIFICATION OF DISTRIBUTION LIMITS.—Sec22 tion 525 of title 10, United States Code, is amended by 

23 striking subsections (a) and (b) and inserting the following 

24 new subsections: 


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1 ‘‘(a) For purposes of the applicable limitation in sec2 tion 526(a) of this title on general and flag officers on 

3 active duty, no appointment of an officer on the active 

4 duty list may be made as follows: 

5 ‘‘(1) in the Army, if that appointment would re6 sult in more than— 

7 ‘‘(A) 7 officers in the grade of general; 

8 ‘‘(B) 45 officers in a grade above the grade 

9 of major general; or 

10 ‘‘(C) 90 officers in the grade of major gen11 eral; 

12 ‘‘(2) in the Air Force, if that appointment 

13 would result in more than— 

14 ‘‘(A) 9 officers in the grade of general; 

15 ‘‘(B) 43 officers in a grade above the grade 

16 of major general; or 

17 ‘‘(C) 73 officers in the grade of major gen18 eral; 

19 ‘‘(3) in the Navy, if that appointment would re20 sult in more than— 

21 ‘‘(A) 6 officers in the grade of admiral; 

22 ‘‘(B) 32 officers in a grade above the grade 

23 of rear admiral; or 

24 ‘‘(C) 50 officers in the grade of rear admi25 ral; 


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1 ‘‘(4) in the Marine Corps, if that appointment 

2 would result in more than— 

3 ‘‘(A) 2 officers in the grade of general; 

4 ‘‘(B) 15 officers in a grade above the grade 

5 of major general; or 

6 ‘‘(C) 22 officers in the grade of major gen7 eral. 

8 ‘‘(b)(1) The limitations of subsection (a) do not in9 clude the following: 

10 ‘‘(A) An officer released from a joint duty as11 signment, but only during the 60-day period begin12 ning on the date the officer departs the joint duty 

13 assignment, except that the Secretary of Defense 

14 may authorize the Secretary of a military depart15 ment to extend the 60-day period by an additional 

16 120 days, but no more than 3 officers from each 

17 armed forces may be on active duty who are ex18 cluded under this subparagraph. 

19 ‘‘(B) An officer while serving in the position of 

20 Staff Judge Advocate to the Commandant of the 

21 Marine Corps under section 5046 of this title. 

22 ‘‘(C) The number of officers required to serve 

23 in joint duty assignments as authorized by the Sec24 retary of Defense under section 526(b) for each mili25 tary service. 


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1 ‘‘(D) An officer while serving as Chief of the 

2 National Guard Bureau. 

3 ‘‘(2) An officer of the Army while serving as Super4 intendent of the United States Military Academy, if serv5 ing in the grade of lieutenant general, is in addition to 

6 the number that would otherwise be permitted for the 

7 Army for officers serving on active duty in grades above 

8 major general under subsection (a). An officer of the Navy 

9 or Marine Corps while serving as Superintendent of the 

10 United States Naval Academy, if serving in the grade of 

11 vice admiral or lieutenant general, is in addition to the 

12 number that would otherwise be permitted for the Navy 

13 or Marine Corps, respectively, for officers serving on active 

14 duty in grades above major general or rear admiral under 

15 subsection (a). An officer while serving as Superintendent 

16 of the United States Air Force Academy, if serving in the 

17 grade of lieutenant general, is in addition to the number 

18 that would otherwise be permitted for the Air Force for 

19 officers serving on active duty in grades above major gen20 eral under subsection (a).’’. 

21 (b) CLARIFICATION ON OFFSETTING REDUCTIONS.— 

22 Subsection (c) of such section is amended— 

23 (1) in paragraph (1)— 

24 (A) by amending subparagraph (A) to read 

25 as follows: 


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1 ‘‘(A) may make appointments in the Army, Air 

2 Force, and Marine Corps in the grades of lieutenant 

3 general and general in excess of the applicable num4 bers determined under this section if each such ap5 pointment is made in conjunction with an offsetting 

6 reduction under paragraph (2); and’’; and 

7 (B) in subparagraph (B), by striking ‘‘sub8 section (b)(2)’’ and inserting ‘‘this section’’; 

9 (2) in paragraph (3)(A), by striking ‘‘the num10 ber equal to 10 percent of the total number of offi11 cers that may be serving on active duty in those 

12 grades in the Army, Navy, Air Force, and Marine 

13 Corps under subsection (b)’’ and inserting ‘‘15’’; and 

14 (3) in paragraph (3)(B), by striking ‘‘the num15 ber equal to 15 percent of the total number of offi16 cers that may be serving on active duty in those 

17 grades in the Army, Navy, Air Force, and Marine 

18 Corps’’ and inserting ‘‘5’’. 

19 (c) OTHER DISTRIBUTION CLARIFICATIONS.—Such 

20 section is further amended— 

21 (1) in subsection (e), by striking ‘‘In deter22 mining the total number of general officers or flag 

23 officers of an armed force on active duty for pur24 poses of this section, the following officers shall not 

25 be counted:’’ in the matter preceding paragraph (1) 


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1 and inserting ‘‘The following officers shall not be 

2 counted for purposes of this section:’’; and 

3 (2) by adding at the end the following new sub4 section: 

5 ‘‘(g) The limitations of this section do not apply to 

6 a reserve component general or flag officer who is on ac7 tive duty and serving in a position that is a joint duty 

8 assignment for the purposes of chapter 38 of this title for 

9 a period not to exceed three years.’’. 

10 (d) CHANGE TO AUTHORIZED STRENGTHS.—Sub11 section (a) of section 526 of such title is amended— 

12 (1) in paragraph (1), by striking ‘‘307’’ and in13 serting ‘‘230’’; 

14 (2) in paragraph (2), by striking ‘‘216’’ and in15 serting ‘‘160’’; 

16 (3) in paragraph (3), by striking ‘‘279’’ and in17 serting ‘‘208’’; and 

18 (4) in paragraph (4), by striking ‘‘81’’ and in19 serting ‘‘60’’. 

20 (e) CHANGES TO LIMITED EXCLUSION FOR JOINT

21 DUTY REQUIREMENTS.—Subsection (b) of such section is 

22 amended— 

23 (1) in paragraph (1)— 


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1 (A) by striking ‘‘Chairman of the Joint 

2 Chiefs of Staff’’ and inserting ‘‘Secretary of 

3 Defense’’; 

4 (B) by striking ‘‘65’’ and inserting ‘‘324’’; 

5 and 

6 (C) by striking the second sentence and in7 serting the following new sentence: ‘‘The Sec8 retary of Defense shall allocate those exclusions 

9 to the armed forces based on the number of 

10 general or flag officers required from each 

11 armed force for assignment to these designated 

12 positions.’’; 

13 (2) by redesignating paragraph (2) as para14 graph (4); and 

15 (3) by inserting after paragraph (1) the fol16 lowing new paragraphs: 

17 ‘‘(2) Unless the Secretary of Defense determines that 

18 a lower number is in the best interest of the Department, 

19 the minimum number of officers serving in positions des20 ignated under paragraph (1) for each armed force shall 

21 be as follows: 

22 ‘‘(A) For the Army, 85. 

23 ‘‘(B) For the Navy, 61. 

24 ‘‘(C) For the Air Force, 76. 

25 ‘‘(D) For the Marine Corps, 21. 


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1 ‘‘(3) The number excluded under paragraph (1) and 

2 serving in positions designated under that paragraph— 

3 ‘‘(A) in the grade of general or admiral may not 

4 exceed 20; 

5 ‘‘(B) in a grade above the grade of major gen6 eral or rear admiral may not exceed 68; and 

7 ‘‘(C) in the grade of major general or rear ad8 miral may not exceed 144.’’. 

9 (f) OTHER AUTHORIZATION CLARIFICATIONS.—Such 

10 section is further amended— 

11 (1) in subsection (d), by adding at the end the 

12 following new paragraph: 

13 ‘‘(3) The limitations of this section do not apply to 

14 a reserve component general or flag officer who is on ac15 tive duty and serving in a position that is a joint duty 

16 assignment for the purposes of chapter 38 of this title for 

17 a period not to exceed three years.’’; and 

18 (2) by adding at the end the following new sub19 sections: 

20 ‘‘(g) TEMPORARY EXCLUSION FOR ASSIGNMENT TO

21 CERTAIN TEMPORARY BILLETS.—(1) The limitations in 

22 subsection (a) and in section 525(a) of this title do not 

23 apply to a general or flag officer assigned to a temporary 

24 joint duty assignment designated by the Secretary of De25 fense. 


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1 ‘‘(2) A general or flag officer assigned to a temporary 

2 joint duty assignment as described in paragraph (1) may 

3 not be excluded under this subsection from the limitations 

4 in subsection (a) for a period of longer than one year. 

5 ‘‘(h) EXCLUSION OF OFFICERS DEPARTING FROM

6 JOINT DUTY ASSIGNMENTS.—The limitations in sub7 section (a) do not apply to an officer released from a joint 

8 duty assignment, but only during the 60-day period begin9 ning on the date the officer departs the joint duty assign10 ment; except that the Secretary of Defense may authorize 

11 the Secretary of a military department to extend the 60- 

12 day by an additional 120 days, but no more than 3 officers 

13 from each armed force may be on active duty who are ex14 cluded under this subsection.’’. 

15 (g) REPEAL OF LIMITATIONS ON GENERAL AND

16 FLAG OFFICER ACTIVITIES OUTSIDE THE OFFICER’S

17 OWN SERVICE.— 

18 (1) REPEAL.—Section 721 of such title is re19 pealed. 

20 (2) CLERICAL AMENDMENT.—The table of sec21 tions at the beginning of chapter 41 of such title is 

22 amended by striking the item relating to section 

23 721. 

24 (h) REPEAL OF SUPERSEDED AUTHORITY.—Section 

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1 tion Act for Fiscal Year 2009 (Public Law 110–417; 122 

2 Stat. 4434; 10 U.S.C. 525 note) is repealed. 

3 SEC. 502. REVISIONS TO ANNUAL REPORT REQUIREMENT 

4 ON JOINT OFFICER MANAGEMENT. 

5 Section 667 of title 10, United States Code, is 

6 amended— 

7 (1) in paragraph (1)(A), by striking ‘‘and their 

8 education and experience’’; 

9 (2) by striking paragraph (3); 

10 (3) by transferring subparagraph (B) of para11 graph (4) to the end of paragraph (1), redesignating 

12 that subparagraph as subparagraph (C), aligning 

13 that subparagraph with the margin of subparagraph 

14 (B) of paragraph (1), and capitalizing the first word 

15 of that subparagraph; 

16 (4) by striking the remainder of paragraph (4), 

17 as amended by paragraph (3) of this section; 

18 (5) by redesignating paragraph (5) as para19 graph (3); 

20 (6) by striking paragraph (6); 

21 (7) by redesignating paragraphs (7) through 

22 (11) as paragraphs (4) through (8), respectively; 

23 (8) by redesignating paragraph (12) as para24 graph (9) and in that paragraph striking ‘‘each time 

25 the’’ and all that follows and inserting ‘‘the principal 


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1 courses of instruction for Joint Professional Military 

2 Education Level II, the number of officers grad3 uating from each of the following: 

4 ‘‘(A) The Joint Forces Staff College. 

5 ‘‘(B) The National Defense University. 

6 ‘‘(C) Senior Service Schools.’’; and 

7 (9) by redesignating paragraph (13) as para8 graph (10). 

9 SEC. 503. GRADE OF LEGAL COUNSEL TO THE CHAIRMAN 

10 OF THE JOINT CHIEFS OF STAFF. 

11 (a) IN GENERAL.—Section 156(c) of title 10, United 

12 States Code, is amended by striking ‘‘, while so serving, 

13 hold the’’ and inserting ‘‘be appointed in the regular’’. 

14 (b) EFFECTIVE DATE.—The amendment made by 

15 subsection (a) shall take effect on the date of the enact16 ment of this Act, and shall apply with respect to individ17 uals appointed as Legal Counsel to the Chairman of the 

18 Joint Chiefs of Staff on or after that date. 

19 SEC. 504. CHIEF AND DEPUTY CHIEF OF CHAPLAINS OF 

20 THE AIR FORCE. 

21 (a) IN GENERAL.—Chapter 805 of title 10, United 

22 States Code, is amended by inserting after section 8038 

23 the following new section: 


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1 ‘‘§ 8039. Chief and Deputy Chief of Chaplains: ap2 pointment; duties 

3 ‘‘(a) CHIEF OF CHAPLAINS.—(1) There is a Chief of 

4 Chaplains in the Air Force, who shall be appointed by the 

5 President, by and with the advice and consent of the Sen6 ate, from active duty officers of the Air Force Chaplain 

7 Corps serving in the grade of colonel or above who have 

8 served on active duty as a chaplain for at least eight years. 

9 ‘‘(2) An officer appointed as the Chief of Chaplains 

10 shall be appointed for a term of three years. However, the 

11 President may terminate or extend the appointment at 

12 any time. 

13 ‘‘(3) The Chief of Chaplains shall be appointed in the 

14 regular grade of major general. 

15 ‘‘(4) The Chief of Chaplains shall perform such du16 ties as may be prescribed by the Secretary of the Air Force 

17 and by law. 

18 ‘‘(b) DEPUTY CHIEF OF CHAPLAINS.—(1) There is 

19 a Deputy Chief of Chaplains in the Air Force who shall 

20 be appointed by the President by and with the advice and 

21 consent of the Senate from active duty officers of the Air 

22 Force Chaplain Corps serving in the grade of colonel who 

23 have served on active duty as a chaplain for at least eight 

24 years. 

25 ‘‘(2) An officer appointed as the Deputy Chief of 

26 Chaplains shall be appointed for a term of three years. 


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1 However, the President may terminate or extend the ap2 pointment at any time. 

3 ‘‘(3) The Deputy Chief of Chaplains shall be ap4 pointed in the regular grade of brigadier general. 

5 ‘‘(4) The Deputy Chief of Chaplains shall perform 

6 such duties as may be prescribed by the Secretary of the 

7 Air Force, the Chief of Chaplains, and by law. 

8 ‘‘(c) SELECTION OF RECOMMENDED OFFICERS

9 THROUGH SELECTION BOARD PROCEDURES.—Under reg10 ulations approved by the Secretary of Defense, the Sec11 retary of the Air Force in selecting an officer for rec12 ommendation to the President under subsection (a) for ap13 pointment as the Chief of Chaplains or under subsection 

14 (b) for appointment as the Deputy Chief of Chaplains 

15 shall ensure that the officer selected is recommended by 

16 a board of officers that, insofar as is practicable, is subject 

17 to the procedures applicable to selection boards convened 

18 under chapter 36 of this title.’’. 

19 (b) CLERICAL AMENDMENT.—The table of sections 

20 at the beginning of chapter 805 of such title is amended 

21 by inserting after the item related to section 8038 the fol22 lowing new item: 

‘‘8039. Chief and Deputy Chief of Chaplains: appointment; duties.’’. 


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1 Subtitle B—Reserve Component 

2 Management 

3 SEC. 511. REPORT ON REQUIREMENTS OF THE NATIONAL 

4 GUARD FOR NON-DUAL STATUS TECHNI5 CIANS. 

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

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

8 of Defense shall submit to the Committees on Armed Serv9 ices of the Senate and House of Representatives a report 

10 setting forth the following: 

11 (1) A description of the types of duties per12 formed for the National Guard by non-dual status 

13 technicians. 

14 (2) A description of the current requirements of 

15 the National Guard for non-dual status technicians. 

16 (3) A description of various means of address17 ing any shortfalls in meeting such requirements, in18 cluding both temporary shortfalls and permanent 

19 shortfalls. 

20 (b) CONSIDERATIONS.—The report required by sub21 section (a) shall take into consideration the effects of the 

22 mobilization of large numbers of National Guard military 

23 technicians (dual status) on the readiness of National 

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1 pacity of the National Guard to continue performing 

2 home-based missions and responsibilities for the States. 

3 Subtitle C—Education and 

4 Training 

5 SEC. 521. GRADE OF COMMISSIONED OFFICERS IN UNI6 FORMED MEDICAL ACCESSION PROGRAMS. 

7 (a) MEDICAL STUDENTS OF USUHS.—Section 

8 2114(b) of title 10, United States Code, is amended— 

9 (1) in paragraph (1), by striking the second 

10 sentence and inserting the following new sentences: 

11 ‘‘Each medical student shall be appointed as a reg12 ular officer in the grade of second lieutenant or en13 sign. An officer so appointed may, upon meeting 

14 such criteria for promotion as may be prescribed by 

15 the Secretary concerned, be appointed in the regular 

16 grade of first lieutenant or lieutenant (junior grade). 

17 Medical students commissioned under this section 

18 shall serve on active duty in their respective 

19 grades.’’; and 

20 (2) in paragraph (2), by striking ‘‘grade of sec21 ond lieutenant or ensign’’ and inserting ‘‘grade in 

22 which the member is serving under paragraph (1)’’. 

23 (b) PARTICIPANTS IN HEALTH PROFESSIONS SCHOL24 ARSHIP AND FINANCIAL ASSISTANCE PROGRAM.—Section 

25 2121(c) of such title is amended— 


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1 (1) in paragraph (1), by striking the second 

2 sentence and inserting the following new sentences: 

3 ‘‘Each person so commissioned shall be appointed as 

4 a reserve officer in the grade of second lieutenant or 

5 ensign. An officer so appointed may, upon meeting 

6 such criteria for promotion as may be prescribed by 

7 the Secretary concerned, be appointed in the reserve 

8 grade of first lieutenant or lieutenant (junior grade). 

9 Medical students commissioned under this section 

10 shall serve on active duty in their respective grades 

11 for a period of 45 days during each year of partici12 pation in the program.’’; and 

13 (2) in paragraph (2), by striking ‘‘grade of sec14 ond lieutenant or ensign’’ and inserting ‘‘grade in 

15 which the member is serving under paragraph (1)’’. 

16 (c) OFFICERS DETAILED AS STUDENTS AT MEDICAL

17 SCHOOLS.—Subsection (e) of section 2004a of such title 

18 is amended— 

19 (1) in the subsection heading, by striking ‘‘AP20 POINTMENT AND TREATMENT OF PRIOR ACTIVE

21 SERVICE’’ and inserting ‘‘SERVICE ON ACTIVE

22 DUTY’’; and 

23 (2) by striking paragraph (1) and inserting the 

24 following new paragraph (1): 


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1 ‘‘(1) A commissioned officer detailed under sub2 section (a) shall serve on active duty, subject to the limita3 tions on grade specified in section 2114(b)(1) of this title 

4 and with the entitlement to basic pay as specified in sec5 tion 2114(b)(2) of this title.’’. 

6 SEC. 522. EXPANSION OF CRITERIA FOR APPOINTMENT AS 

7 MEMBER OF THE BOARD OF REGENTS OF 

8 THE UNIFORMED SERVICES UNIVERSITY OF 

9 THE HEALTH SCIENCES. 

10 Section 2113a(b)(1) of title 10, United States Code, 

11 is amended by striking ‘‘health and health education’’ and 

12 inserting ‘‘health care, higher education administration, 

13 and public policy’’. 

14 SEC. 523. DETAIL OF COMMISSIONED OFFICERS AS STU15 DENTS AT SCHOOLS OF PSYCHOLOGY. 

16 (a) IN GENERAL.—Chapter 101 of title 10, United 

17 States Code, is amended by inserting after section 2004 

18 the following new section: 

19 ‘‘§ 2004a. Detail of commissioned officers as students 

20 at schools of psychology 

21 ‘‘(a) DETAIL AUTHORIZED.—The Secretary of each 

22 military department may detail commissioned officers of 

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1 ical psychology. No more than 25 officers from each mili2 tary department may commence such training in any sin3 gle fiscal year. 

4 ‘‘(b) ELIGIBILITY FOR DETAIL.—To be eligible for 

5 detail under subsection (a), an officer must be a citizen 

6 of the United States and must— 

7 ‘‘(1) have served on active duty for a period of 

8 not less than two years nor more than six years and 

9 be in the pay grade 0–3 or below as of the time the 

10 training is to begin; and 

11 ‘‘(2) sign an agreement that unless sooner sepa12 rated the officer will— 

13 ‘‘(A) complete the educational course of 

14 psychological training; 

15 ‘‘(B) accept transfer or detail as a commis16 sioned officer within the military department 

17 concerned when the officer’s training is com18 pleted; and 

19 ‘‘(C) agree to serve, following completion 

20 of the officer’s training, on active duty (or on 

21 active duty and in the Selected Reserve) for a 

22 period as specified pursuant to subsection (c). 

23 ‘‘(c) SERVICE OBLIGATION.—(1) Except as provided 

24 in paragraph (2), the agreement of an officer under sub25 section (b) shall provide that the officer shall serve on acVerDate Nov 24 2008 23:21 Jul 02, 2009 Jkt 059200 PO 00000 Frm 00113 Fmt 6652 Sfmt 6201 E:\BILLS\S1391.PCS S1391

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1 tive duty for two years for each year or part thereof of 

2 the officer’s training under subsection (a). 

3 ‘‘(2) The agreement of an officer may authorize the 

4 officer to serve a portion of the officer’s service obligation 

5 on active duty and to complete the service obligation that 

6 remains upon separation from active duty in the Selected 

7 Reserve. Under any such agreement, an officer shall serve 

8 three years in the Selected Reserve for each year or part 

9 thereof of the officer’s training under subsection (a) for 

10 any service obligation that was not completed before sepa11 ration from active duty. 

12 ‘‘(d) SELECTION OF OFFICERS FOR DETAIL.—Offi13 cers detailed for training under subsection (a) shall be se14 lected on a competitive basis by the Secretary of the mili15 tary department concerned. 

16 ‘‘(e) RELATION OF SERVICE OBLIGATIONS TO OTHER

17 SERVICE OBLIGATIONS.—Any service obligation incurred 

18 by an officer under an agreement entered into under sub19 section (b) shall be in addition to any service obligation 

20 incurred by the officer under any other provision of law 

21 or agreement. 

22 ‘‘(f) EXPENSES.—Expenses incident to the detail of 

23 officers under this section shall be paid from any funds 

24 appropriated for the military department concerned. 


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1 ‘‘(g) FAILURE TO COMPLETE PROGRAM.—(1) An of2 ficer who is dropped from a program of psychological 

3 training to which detailed under subsection (a) for defi4 ciency in conduct or studies, or for other reasons, may 

5 be required to perform active duty in an appropriate mili6 tary capacity in accordance with the active duty obligation 

7 imposed on the officer under regulations issued by the 

8 Secretary of Defense for purposes of this section. 

9 ‘‘(2) In no case shall an officer be required to serve 

10 on active duty under paragraph (1) for any period in ex11 cess of one year for each year or part thereof the officer 

12 participated in the program. 

13 ‘‘(h) LIMITATION ON DETAILS.—No agreement de14 tailing an officer of the armed forces to an accredited 

15 school of psychology may be entered into during any pe16 riod in which the President is authorized by law to induct 

17 persons into the armed forces involuntarily. Nothing in 

18 this subsection shall affect any agreement entered into 

19 during any period when the President is not authorized 

20 by law to so induct persons into the armed forces.’’. 

21 (b) CLERICAL AMENDMENT.—The table of sections 

22 at the beginning of chapter 101 of such title is amended 

23 by inserting after the item relating to section 2004 the 

24 following new item: 

‘‘2004a. Detail of commissioned officers as students at schools of psychology.’’. 


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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 strikVerDate Nov 24 2008 23:21 Jul 02, 2009 Jkt 059200 PO 00000 Frm 00117 Fmt 6652 Sfmt 6201 E:\BILLS\S1391.PCS S1391

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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) Such other matters as the Secretary of 

11 Defense, in consultation with the Secretary of 

12 Education, considers appropriate for purposes 

13 of the study. 

14 (b) REPORT.—Not later than March 31, 2010, the 

15 Secretary of Defense shall submit to the Committee on 

16 Armed Services of the Senate and the Committee on 

17 Armed Services of the House of Representatives a report 

18 on the study required by subsection (b). The report shall 

19 include the following: 

20 (1) A description of the results of the study. 

21 (2) Such recommendations for legislative or ad22 ministrative action as the Secretary of Defense con23 siders appropriate in light of the results of the 

24 study. 


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1 SEC. 536. SENSE OF SENATE ON THE INTERSTATE COM2 PACT ON EDUCATIONAL OPPORTUNITY FOR 

3 MILITARY CHILDREN. 

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

5 findings: 

6 (1) The incongruity in how States assess and 

7 enroll transfer students creates challenges for the 

8 moving military family and can, in some cases, be 

9 detrimental to the higher education opportunities of 

10 military children. 

11 (2) The inability to transfer credits, maintain 

12 the proper number of school-year hours, missing 

13 exams, and other obstacles can make moving as a 

14 military family difficult. 

15 (3) The average military child moves six to nine 

16 times between kindergarten and high school gradua17 tion, creating a variety of challenges and obstacles 

18 related to permanent change of station moves. 

19 (4) The demands and strains on members of 

20 the Armed Forces and their families continue to in21 crease and will do so for the foreseeable future as 

22 the United States continues overseas contingency op23 erations, and children and adolescents are acutely 

24 vulnerable to family stresses caused by the high 

25 operational tempo and may therefore be at a height26 ened risk for emotional distress. 


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1 (5) The routine of the school environment can 

2 be a source of stability for military children as they 

3 cope with the disruptive challenges caused by the de4 ployment of a parent or a relocation. 

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

6 to— 

7 (1) express strong support and commendation 

8 for Alabama, Alaska, Arizona, Colorado, Con9 necticut, Delaware, Florida, Hawaii, Indiana, Iowa, 

10 Kansas, Kentucky, Maryland, Michigan, Mississippi, 

11 Missouri, Nevada, North Carolina, Oklahoma, 

12 Texas, Virginia, and Washington as States that have 

13 successfully enacted the Interstate Compact on Edu14 cational Opportunity for Military Children; 

15 (2) express its strong support and encourage all 

16 remaining States to enact the Interstate Compact on 

17 Educational Opportunity for Military Children; 

18 (3) recognize the importance of the components 

19 of the Interstate Compact on Educational Oppor20 tunity for Military Children, including— 

21 (A) the transfer of educational records to 

22 expedite the proper enrollment and placement 

23 of students; 

24 (B) the ability of students to continue 

25 their enrollment at a grade level in the receiving 


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1 State commensurate with their grade level from 

2 the sending State; 

3 (C) priority for attendance to children of 

4 members of the Armed Forces assuming the 

5 school district accepts transfer students; 

6 (D) the ability of students to continue 

7 their course placement, including but not lim8 ited to Honors, International Baccalaureate, 

9 Advanced Placement, vocational, technical, and 

10 career pathways courses; 

11 (E) the recalculation of grades to consider 

12 the weights offered by a receiving school for the 

13 same performance in the same course when a 

14 student transfers from one grading system to 

15 another system (for example, number-based sys16 tem to letter-based system); 

17 (F) the waiver of specific courses required 

18 for graduation if similar course work has been 

19 satisfactorily completed in another local edu20 cation agency or the provision of an alternative 

21 means of acquiring required coursework so that 

22 graduation may occur on time; and 

23 (G) the recognition of an appointed guard24 ian as a custodial parent while the child’s par25 ent or parents are deployed; and 


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1 (4) express strong support for States to develop 

2 a State Council to provide for the coordination 

3 among their agencies of government, local education 

4 agencies, and military installations concerning the 

5 participation of a State in the Interstate Compact 

6 on Educational Opportunity for Military Children. 

7 Subtitle E—Military Justice and 

8 Legal Assistance Matters 

9 SEC. 541. INDEPENDENT REVIEW OF JUDGE ADVOCATE RE10 QUIREMENTS OF THE DEPARTMENT OF THE 

11 NAVY. 

12 (a) INDEPENDENT PANEL FOR REVIEW.— 

13 (1) ESTABLISHMENT.—There is hereby estab14 lished an independent panel to review the judge ad15 vocate requirements of the Department of the Navy. 

16 (2) COMPOSITION.—The panel shall be com17 posed of five members, appointed by the Secretary 

18 of Defense from among private United States citi19 zens who have expertise in law, military manpower 

20 policies, the missions of the Navy and Marine Corps, 

21 and the current responsibilities of Navy and Marine 

22 Corps judge advocates in ensuring competent legal 

23 representation and advice to commanders. 


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1 (3) CHAIR.—The chair of the panel shall be ap2 pointed by the Secretary from among the members 

3 of the panel appointed under paragraph (2). 

4 (4) PERIOD OF APPOINTMENT; VACANCIES.— 

5 Members shall be appointed for the life of the panel. 

6 Any vacancy in the panel shall be filled in the same 

7 manner as the original appointment. 

8 (5) MEETINGS.—The panel shall meet at the 

9 call of the chair. 

10 (6) DEADLINE FOR APPOINTMENTS.—All origi11 nal appointments to the panel shall be made not 

12 later than April 1, 2010. 

13 (7) FIRST MEETING.—The chair shall call the 

14 first meeting of the panel not later than June 1, 

15 2010. 

16 (b) DUTIES.— 

17 (1) IN GENERAL.—The panel established under 

18 subsection (a) shall carry out a study of the policies 

19 and management and organizational practices of the 

20 Navy and Marine Corps with respect to the respon21 sibilities, assignment, and career development of 

22 judge advocates for purposes of determining the 

23 number of judge advocates required to fulfill the 

24 legal mission of the Department of the Navy. 


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1 (2) REVIEW.—In carrying out the study re2 quired by paragraph (1), the panel shall— 

3 (A) review the emergent operational law 

4 requirements of the Navy and Marine Corps, 

5 including requirements for judge advocates on 

6 joint task forces, in support of rule of law ob7 jectives in Iraq and Afghanistan, and in oper8 ational units; 

9 (B) review new requirements to support 

10 the Office of Military Commissions and to sup11 port the disability evaluation system for mem12 bers of the Armed Forces; 

13 (C) review the judge advocate requirements 

14 of the Department of the Navy for the military 

15 justice mission, including assignment policies, 

16 training and education, increasing complexity of 

17 court-martial litigation, and the performance of 

18 the Navy and Marine Corps in providing legally 

19 sufficient post-trial processing of cases in gen20 eral courts-martial and special courts-martial; 

21 (D) review the role of the Judge Advocate 

22 General of the Navy, as the senior uniformed 

23 legal officer of the Department of the Navy, to 

24 determine whether additional authority for the 

25 Judge Advocate General over manpower policies 


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1 and assignments of judge advocates in the Navy 

2 and Marine Corps is warranted; 

3 (E) review directives issued by the Navy 

4 and the Marine Corps pertaining to jointly5 shared missions requiring legal support; 

6 (F) review career patterns for Marine 

7 Corps judge advocates in order to identify and 

8 validate assignments to nonlegal billets required 

9 for professional development and promotion; 

10 and 

11 (G) review, evaluate, and assess such other 

12 matters and materials as the panel considers 

13 appropriate for purposes of the study. 

14 (3) UTILIZATION OF OTHER STUDIES.—In car15 rying out the study required by paragraph (1), the 

16 panel may review, and incorporate as appropriate, 

17 the findings of applicable ongoing and completed 

18 studies in future manpower requirements, including 

19 the two-part study by CNA Analysis and Solutions 

20 entitled ‘‘An Analysis of Navy JAG Corps Future 

21 Manpower Requirements’’. 

22 (4) REPORT.—Not later than 120 days after its 

23 first meeting under subsection (a)(7), the panel shall 

24 submit to the Secretary of Defense and the Commit25 tees on Armed Services of the Senate and the House 


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1 of Representatives a report on the study. The report 

2 shall include— 

3 (A) the findings and conclusions of the 

4 panel as a result of the study; and 

5 (B) any recommendations for legislative or 

6 administrative action that the panel considers 

7 appropriate in light of the study. 

8 (c) PERSONNEL MATTERS.— 

9 (1) PAY OF MEMBERS.—(A) Members of the 

10 panel established under subsection (a) shall serve 

11 without pay by reason of their work on the panel. 

12 (B) Section 1342 of title 31, United States 

13 Code, shall not apply to the acceptance of services 

14 of a member of the panel under this section. 

15 (2) TRAVEL EXPENSES.—The members of the 

16 panel shall be allowed travel expenses, including per 

17 diem in lieu of subsistence, at rates authorized for 

18 employees of agencies under subchapter I of chapter 

19 57 of title 5, United States Code, while away from 

20 their homes or regular places of business in the per21 formance or services for the panel. 


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1 Subtitle F—Military Family 

2 Readiness Matters 

3 SEC. 551. ADDITIONAL MEMBERS ON THE DEPARTMENT OF 

4 DEFENSE MILITARY FAMILY READINESS 

5 COUNCIL. 

6 Section 1781a(b)(1) of title 10, United States Code, 

7 is amended— 

8 (1) by redesignating subparagraphs (C) and 

9 (D) as subparagraphs (D) and (E), respectively; 

10 (2) by inserting after subparagraph (B) the fol11 lowing new subparagraph (C): 

12 ‘‘(C) In addition to the representatives ap13 pointed under subparagraph (B)— 

14 ‘‘(i) one representative from the National 

15 Guard, who shall be appointed by the Secretary 

16 of Defense; and 

17 ‘‘(ii) one representative from a reserve 

18 component of the armed forces (other than the 

19 National Guard), who shall be so appointed.’’; 

20 and 

21 (3) in subparagraph (E), as redesignated by 

22 paragraph (1), by striking ‘‘subparagraph (B)’’ and 

23 inserting ‘‘subparagraphs (B) and (C)’’. 


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1 SEC. 552. COMPREHENSIVE PLAN ON PREVENTION, DIAG2 NOSIS, AND TREATMENT OF SUBSTANCE USE 

3 DISORDERS AND DISPOSITION OF SUB4 STANCE ABUSE OFFENDERS IN THE ARMED 

5 FORCES. 

6 (a) REVIEW AND ASSESSMENT OF CURRENT CAPA7 BILITIES.— 

8 (1) IN GENERAL.—Not later than 180 days 

9 after the date of the enactment of this Act, the Sec10 retary of Defense shall, in consultation with the Sec11 retaries of the military departments, conduct a com12 prehensive review of the following: 

13 (A) The programs and activities of the De14 partment of Defense for the prevention, diag15 nosis, and treatment of substance use disorders 

16 in members of the Armed Forces. 

17 (B) The policies of the Department of De18 fense relating to the disposition of substance 

19 abuse offenders in the Armed Forces, including 

20 disciplinary action and administrative separa21 tion. 

22 (2) ELEMENTS.—The review conducted under 

23 paragraph (1) shall include, but not be limited to, an 

24 assessment of each of the following: 

25 (A) The current state and effectiveness of 

26 the programs of the Department of Defense 


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1 and the military departments relating to the 

2 prevention, diagnosis, and treatment of sub3 stance use disorders. 

4 (B) The adequacy of the availability of and 

5 access to care for substance abusers in military 

6 medical treatment facilities and under the 

7 TRICARE program. 

8 (C) The adequacy of oversight by the De9 partment of Defense of programs relating to 

10 the prevention, diagnosis, and treatment of sub11 stance abuse in members of the Armed Forces. 

12 (D) The adequacy and appropriateness of 

13 current credentials and other requirements for 

14 healthcare professionals treating members of 

15 the Armed Forces with substance use disorders. 

16 (E) The advisable ratio of physician and 

17 nonphysician care providers for substance use 

18 disorders to members of the Armed Forces with 

19 such disorders. 

20 (F) The adequacy and appropriateness of 

21 protocols and directives for the diagnosis and 

22 treatment of substance use disorders in mem23 bers of the Armed Forces and for the disposi24 tion, including disciplinary action and adminisVerDate Nov 24 2008 23:21 Jul 02, 2009 Jkt 059200 PO 00000 Frm 00132 Fmt 6652 Sfmt 6201 E:\BILLS\S1391.PCS S1391

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1 trative separation, of members of the Armed 

2 Forces who abuse substances. 

3 (G) The adequacy of the availability of and 

4 access to care for substance use disorders for 

5 members of the reserve components of the 

6 Armed Forces, including an identification of 

7 any obstacles that are unique to the prevention, 

8 diagnosis, and treatment of substance use dis9 orders and the appropriate disposition of sub10 stance abuse offenders (including disciplinary 

11 action and administrative separation) in mem12 bers of the reserve components of the Armed 

13 Forces. 

14 (H) The adequacy of the prevention, diag15 nosis, and treatment of substance use disorders 

16 in family members of members of the Armed 

17 Forces. 

18 (I) Any gaps in the current capabilities of 

19 the Department of Defense for the prevention, 

20 diagnosis, and treatment of substance use dis21 orders in members of the Armed Forces. 

22 (3) REPORT.—Not later than 180 days after 

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

24 of Defense shall submit to the Committees on Armed 

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1 tives a report setting forth the findings and rec2 ommendations of the Secretary as a result of the re3 view conducted under paragraph (1). The report 

4 shall— 

5 (A) set forth the findings and rec6 ommendations of the Secretary regarding each 

7 element of the review specified in paragraph 

8 (2); 

9 (B) set forth relevant statistics on the fre10 quency of substance use disorders, disciplinary 

11 actions, and administrative separations for sub12 stance abuse in members of the regular compo13 nents of the Armed Forces, members of the re14 serve component of the Armed Forces, and to 

15 the extent applicable, dependents of such mem16 bers (including spouses and children); and 

17 (C) include such other findings and rec18 ommendations on improvements to the current 

19 capabilities of the Department of Defense for 

20 the prevention, diagnosis, and treatment of sub21 stance use disorders in members of the Armed 

22 Forces and the policies relating to the disposi23 tion, including disciplinary action and adminis24 trative separation, of members of the Armed 


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1 Forces for substance abuse, as the Secretary 

2 considers appropriate. 

3 (b) PLAN FOR IMPROVEMENT AND ENHANCEMENT

4 OF PROGRAMS AND POLICIES.— 

5 (1) PLAN REQUIRED.—Not later than 270 days 

6 after the date of the enactment of this Act, the Sec7 retary of Defense shall submit to the congressional 

8 defense committees a comprehensive plan for the im9 provement and enhancement of the following: 

10 (A) The programs and activities of the De11 partment of Defense for the prevention, diag12 nosis, and treatment of substance use disorders 

13 in members of the Armed Forces and their de14 pendent family members. 

15 (B) The policies of the Department of De16 fense relating to the disposition of substance 

17 abuse offenders in the Armed Forces, including 

18 disciplinary action and administrative separa19 tion. 

20 (2) BASIS.—The comprehensive plan required 

21 by paragraph (1) shall take into account the fol22 lowing: 

23 (A) The results of the review and assess24 ment conducted under subsection (a). 


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1 (B) Similar initiatives of the Secretary of 

2 Veterans Affairs to expand and improve care 

3 for substance use disorders among veterans, in4 cluding the programs and activities conducted 

5 under title I of the Veterans’ Mental Health 

6 and Other Care Improvements Act of 2008 

7 (Public Law 110–387; 112 Stat. 4112). 

8 (3) COMPREHENSIVE STATEMENT OF POLICY.— 

9 The comprehensive plan required by paragraph (1) 

10 shall include a comprehensive statement of the fol11 lowing: 

12 (A) The policy of the Department of De13 fense regarding the prevention, diagnosis, and 

14 treatment of substance use disorders in mem15 bers of the Armed Forces and their dependent 

16 family members. 

17 (B) The policies of the Department of De18 fense relating to the disposition of substance 

19 abuse offenders in the Armed Forces, including 

20 disciplinary action and administrative separa21 tion. 

22 (4) AVAILABILITY OF SERVICES AND TREAT23 MENT.—The comprehensive plan required by para24 graph (1) shall include mechanisms to ensure the 

25 availability to members of the Armed Forces and 


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1 their dependent family members of a core of evi2 dence-based practices across the spectrum of medical 

3 and non-medial services and treatments for sub4 stance use disorders. 

5 (5) PREVENTION AND REDUCTION OF DIS6 ORDERS.—The comprehensive plan required by para7 graph (1) shall include mechanisms to facilitate the 

8 prevention and reduction of substance use disorders 

9 in members of the Armed Forces through science10 based initiatives, including education programs, for 

11 members of the Armed Forces and their families. 

12 (6) SPECIFIC INSTRUCTIONS.—The comprehen13 sive plan required by paragraph (1) shall include 

14 each of the following: 

15 (A) SUBSTANCES OF ABUSE.—Instructions 

16 on the prevention, diagnosis, and treatment of 

17 substance abuse in members of the Armed 

18 Forces, including the abuse of alcohol, illicit 

19 drugs, and nonmedical use and abuse of pre20 scription drugs. 

21 (B) HEALTHCARE PROFESSIONALS.—In22 structions on— 

23 (i) appropriate training of healthcare 

24 professionals in the prevention, screening, 


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1 diagnosis, and treatment of substance use 

2 disorders in members of the Armed Forces; 

3 (ii) appropriate staffing levels for 

4 healthcare professionals at military medical 

5 treatment facilities for the prevention, 

6 screening, diagnosis, and treatment of sub7 stance use disorders in members of the 

8 Armed Forces; and 

9 (iii) such uniform training and 

10 credentialing requirements for physician 

11 and nonphysician healthcare professionals 

12 in the prevention, screening, diagnosis, and 

13 treatment of substance use disorders in 

14 members of the Armed Forces as the Sec15 retary considers appropriate. 

16 (C) SERVICES FOR DEPENDENT FAMILY

17 MEMBERS.—Instructions on the availability of 

18 services for substance use disorders for depend19 ent family members of members of the Armed 

20 Forces, including instructions on making such 

21 services available to such dependents to the 

22 maximum extent practicable. 

23 (D) RELATIONSHIP BETWEEN DISCIPLI24 NARY ACTION AND TREATMENT.—Policy on the 

25 relationship between disciplinary actions and 


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1 administrative separation processing and pre2 vention and treatment of substance use dis3 orders in members of the Armed Forces. 

4 (E) CONFIDENTIALITY.—Recommenda5 tions regarding policies pertaining to confiden6 tiality for members of the Armed Forces in 

7 seeking or receiving services or treatment for 

8 substance use disorders. 

9 (F) PARTICIPATION OF CHAIN OF COM10 MAND.—Policy on appropriate consultation, ref11 erence to, and involvement of the chain of com12 mand of members of the Armed Forces in mat13 ters relating to the diagnosis and treatment of 

14 substance abuse and disposition of military 

15 members who abuse substances. 

16 (G) CONSIDERATION OF GENDER.—In17 structions on gender specific requirements, if 

18 appropriate, in the prevention, diagnosis, treat19 ment, and management of substance use dis20 orders in members of the Armed Forces, includ21 ing gender specific care and treatment require22 ments. 

23 (H) COORDINATION WITH OTHER

24 HEALTHCARE INITIATIVES.—Instructions on the 

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1 nosis, treatment, and management of substance 

2 use disorders in members of the Armed Forces 

3 with efforts to address co-occurring health care 

4 disorders (such as post-traumatic stress dis5 order (PTSD) and depression) and suicide pre6 vention. 

7 (7) OTHER ELEMENTS.—In addition to the 

8 matters specified in paragraph (3), the comprehen9 sive plan required by paragraph (1) shall include the 

10 following: 

11 (A) IMPLEMENTATION PLAN.—An imple12 mentation plan for the achievement of the goals 

13 of the comprehensive plan, including goals re14 lating to the following: 

15 (i) Enhanced education of members of 

16 the Armed Forces and their families re17 garding substance use disorders. 

18 (ii) Enhanced and improved identi19 fication and diagnosis of substance use dis20 orders in members of the Armed Forces 

21 and their families. 

22 (iii) Enhanced and improved access of 

23 members of the Armed Forces to services 

24 and treatment for and management of sub25 stance use disorders. 


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1 (iv) Appropriate staffing of military 

2 medical treatment facilities and other fa3 cilities for the treatment of substance use 

4 disorders in members of the Armed Forces. 

5 (B) BEST PRACTICES.—The incorporation 

6 of evidence-based best practices utilized in cur7 rent military and civilian approaches to the pre8 vention, diagnosis, treatment, and management 

9 of substance use disorders. 

10 (C) AVAILABLE RESEARCH.—The incorpo11 ration of applicable results of available studies, 

12 research, and academic reviews on the preven13 tion, diagnosis, treatment, and management of 

14 substance use disorders. 

15 (8) UPDATE IN LIGHT OF INDEPENDENT

16 STUDY.—Upon the completion of the study required 

17 by subsection (c), the Secretary of Defense shall— 

18 (A) in consultation with the Secretaries of 

19 the military departments, make such modifica20 tions and improvements to the comprehensive 

21 plan required by paragraph (1) as the Secretary 

22 of Defense considers appropriate in light of the 

23 findings and recommendations of the study; and 

24 (B) submit to the congressional defense 

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1 prehensive plan as modified and improved 

2 under subparagraph (A). 

3 (c) INDEPENDENT REPORT ON SUBSTANCE USE DIS4 ORDERS PROGRAMS FOR MEMBERS OF THE ARMED

5 FORCES.— 

6 (1) STUDY REQUIRED.—Upon completion of the 

7 policy review required by subsection (a), the Sec8 retary of Defense shall provide for a study on sub9 stance use disorders programs for members of the 

10 Armed Forces to be conducted by the Institute of 

11 Medicine of the National Academies of Sciences or 

12 such other independent entity as the Secretary shall 

13 select for purposes of the study. 

14 (2) ELEMENTS.—The study required by para15 graph (1) shall include a review and assessment of 

16 the following: 

17 (A) The adequacy and appropriateness of 

18 protocols for the diagnosis, treatment, and 

19 management of substance use disorders in 

20 members of the Armed Forces. 

21 (B) The adequacy of the availability of and 

22 access to care for substance use disorders in 

23 military medical treatment facilities and under 

24 the TRICARE program. 


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1 (C) The adequacy and appropriateness of 

2 current credentials and other requirements for 

3 physician and non-physician healthcare profes4 sionals treating members of the Armed Forces 

5 with substance use disorders. 

6 (D) The advisable ratio of physician and 

7 non-physician care providers for substance use 

8 disorders to members of the Armed Forces with 

9 such disorders. 

10 (E) The adequacy of the availability of and 

11 access to care for substance use disorders for 

12 members of the reserve components of the 

13 Armed Forces when compared with the avail14 ability of and access to care for substance use 

15 disorders for members of the regular compo16 nents of the Armed Forces. 

17 (F) The adequacy of the prevention, diag18 nosis, treatment, and management of substance 

19 use disorder programs for dependent family 

20 members of members of the Armed Forces, 

21 whether such family members suffer from their 

22 own substance use disorder or because of the 

23 substance use disorder of a member of the 

24 Armed Forces. 


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1 (G) Such other matters as the Secretary 

2 considers appropriate for purposes of the study. 

3 (3) REPORT.—Not later than two years after 

4 the date of the enactment of this Act, the entity con5 ducting the study required by paragraph (1) shall 

6 submit to the Secretary of Defense and the congres7 sional defense committees a report on the results of 

8 the study. The report shall set forth the findings 

9 and recommendations of the entity as a result of the 

10 study. 

11 SEC. 553. MILITARY COMMUNITY SUPPORT FOR CHILDREN 

12 WITH AUTISM AND THEIR FAMILIES. 

13 (a) POLICY ON MILITARY COMMUNITY SUPPORT RE14 QUIRED.—The Secretary of Defense shall develop and im15 plement a policy for the Department of Defense on the 

16 support of military children with autism and their fami17 lies. The policy shall seek to establish and further an inte18 grated, family-centered approach to providing services to 

19 military children with autism and their families by 

20 leveraging the resources of local military communities and 

21 local and national public and private entities devoted to 

22 research and services for autism. 

23 (b) PROGRAM ON SUPPORT.— 

24 (1) PROGRAM REQUIRED.—In carrying out the 

25 policy required by subsection (a), the Secretary shall 


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1 develop and carry out a program on support for 

2 military children with autism and their families. 

3 (2) ELEMENTS.—The program required by this 

4 subsection shall provide for broad-based services, in5 cluding the following: 

6 (A) Research. 

7 (B) Early intervention. 

8 (C) Evidence-based therapeutic and med9 ical services. 

10 (D) Education and training on autism for 

11 family members. 

12 (E) Appropriate coordination with applica13 ble school programs. 

14 (F) Vocational training for adolescent mili15 tary children with autism. 

16 (G) Family counseling for families of mili17 tary children with autism. 

18 (3) PILOT PROJECTS.—In carrying out the pro19 gram required by this subsection, the Secretary shall 

20 conduct one or more pilot projects to assess the ef21 fectiveness of various approaches to developing and 

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1 lizing the program elements specified in paragraph 

2 (2). 

3 (4) CONSULTATION.—For purposes of carrying 

4 out the requirements of this subsection, the Sec5 retary shall establish a partnership with one or more 

6 entities (whether public or private) that provide serv7 ices or support for, or conduct research on, individ8 uals with autism spectrum disorder and their fami9 lies. 

10 (c) REPORTS.— 

11 (1) INITIAL REPORT.—Not later than 60 days 

12 after the date of the enactment of this Act, the Sec13 retary shall submit to the congressional defense com14 mittees a report setting forth the actions the Sec15 retary proposes to take to carry out this section and 

16 a proposed schedule for the taking of such actions. 

17 (2) PILOT PROJECTS.—Not later than 60 days 

18 after the date of the completion of the pilot project 

19 or projects conducted under subsection (b)(3), the 

20 Secretary shall submit to the congressional defense 

21 committees a report on the pilot project or projects. 

22 The report shall include a description of the pilot 

23 project or projects, an assessment of the lessons 

24 learned from the pilot project or projects, and a dis25 cussion of the manner in which the lessons so 


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1 learned shall be integrated into the policy required 

2 by subsection (a) and the program required by sub3 section (b). 

4 (d) FUNDING.—Of the amount authorized to be ap5 propriated for fiscal year 2010 pursuant to section 

6 301(a)(5) for operation and maintenance, Defense-wide 

7 activities, $5,000,000 may be available to carry out this 

8 section. 

9 (e) MILITARY CHILDREN WITH AUTISM DEFINED.— 

10 In this section, the term ‘‘military children with autism’’ 

11 means dependent children of members of the Armed 

12 Forces with autism spectrum disorder. 

13 SEC. 554. REPORTS ON EFFECTS OF DEPLOYMENTS ON 

14 MILITARY CHILDREN AND THE AVAILABILITY 

15 OF MENTAL HEALTH CARE AND COUNSELING 

16 SERVICES FOR MILITARY CHILDREN. 

17 (a) IMPACT OF DEPLOYMENTS OF MILITARY PAR18 ENTS ON MILITARY CHILDREN.— 

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

20 shall undertake a comprehensive assessment of the 

21 impacts of military deployment on dependent chil22 dren of members of the Armed Forces. The assess23 ment shall separately address each of the categories 

24 of such children as follows: 

25 (A) Preschool-age children. 


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1 (B) Elementary-school age children. 

2 (C) Teenage or adolescent children. 

3 (2) ELEMENTS.—The assessment undertaken 

4 under paragraph (1) shall include an assessment of 

5 the following: 

6 (A) The impact that separation due to the 

7 deployment of a military parent or parents has 

8 on children. 

9 (B) The impact that multiple deployments 

10 of a military parent or parents have on chil11 dren. 

12 (C) The impact that the return from de13 ployment of a severely wounded or injured mili14 tary parent or parents has on children. 

15 (D) The impact that the death of a mili16 tary parent or parents in connection with a de17 ployment has on children. 

18 (E) The impact that deployment of a mili19 tary parent or parents has on children with pre20 existing psychological conditions, such as anx21 iety and depression. 

22 (F) The impact that deployment of a mili23 tary parent or parents has on risk factors such 

24 as child abuse, child neglect, family violence, 


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1 substance abuse by children, or parental sub2 stance abuse. 

3 (G) Such other matters as the Secretary 

4 considers appropriate. 

5 (3) REPORT.—Not later than one year after the 

6 date of the enactment of this Act, the Secretary 

7 shall submit to the Committees on Armed Services 

8 of the Senate and the House of Representatives a 

9 report on the assessment undertaken under para10 graph (1), including the findings and recommenda11 tions of the Secretary as a result of the assessment. 

12 (b) MENTAL HEALTH CARE AND COUNSELING SERV13 ICES AVAILABLE TO MILITARY CHILDREN.— 

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

15 shall conduct a comprehensive review of the mental 

16 health care and counseling services available to de17 pendent children of members of the Armed Forces 

18 through the Department of Defense. 

19 (2) ELEMENTS.—The review under paragraph 

20 (1) shall include an assessment of the following: 

21 (A) The availability, quality, and effective22 ness of Department of Defense programs in23 tended to meet the mental health care needs of 

24 military children. 


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1 (B) The availability, quality, and effective2 ness of Department of Defense programs in3 tended to promote resiliency in military children 

4 in coping with deployment cycles, injury, or 

5 death in military parents. 

6 (C) The extent of access to, adequacy, and 

7 availability of mental health care and coun8 seling services for military children in military 

9 medical treatment facilities, in family assistance 

10 centers, through Military OneSource, under the 

11 TRICARE program, and in Department of De12 fense dependents’ schools. 

13 (D) Whether the status of a member of the 

14 Armed Forces on active duty, or in reserve ac15 tive status, affects the access of a military child 

16 to mental health care and counseling services. 

17 (E) Whether, and to what extent, waiting 

18 lists, geographic distance, and other factors 

19 may obstruct the receipt by military children of 

20 mental health care and counseling services. 

21 (F) The extent of access to, availability, 

22 and viability of specialized mental health care 

23 for military children (including adolescents). 

24 (G) The extent of any gaps in the current 

25 capabilities of the Department of Defense to 


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1 provide preventive mental health services for 

2 military children. 

3 (H) Such other matters as the Secretary 

4 considers appropriate. 

5 (3) REPORT.—Not later than one year after the 

6 date of the enactment of this Act, the Secretary 

7 shall submit to the Committees on Armed Services 

8 of the Senate and the House of Representatives a 

9 report on the review conducted under paragraph (1), 

10 including the findings and recommendations of the 

11 Secretary as a result of the review. 

12 (4) COMPREHENSIVE PLAN FOR IMPROVEMENTS

13 IN ACCESS TO CARE AND COUNSELING.—The Sec14 retary shall develop a comprehensive plan for im15 provements in access to quality mental health care 

16 and counseling services for military children in order 

17 to develop and promote psychological health and re18 silience in children of deploying and deployed mem19 bers of the Armed Forces. The information in the 

20 report required by paragraph (3) shall provide the 

21 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 

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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 

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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 Subtitle G—Other Matters 

2 SEC. 571. DEADLINE FOR REPORT ON SEXUAL ASSAULT IN 

3 THE ARMED FORCES BY DEFENSE TASK 

4 FORCE ON SEXUAL ASSAULT IN THE MILI5 TARY SERVICES. 

6 Section 576(e)(1) of the Ronald W. Reagan National 

7 Defense Authorization Act for Fiscal Year 2005 (Public 

8 Law 108–375; 118 Stat. 1924; 10 U.S.C. 4331 note) is 

9 amended by striking ‘‘one year after the initiation of its 

10 examination under subsection (b)’’ and inserting ‘‘Decem11 ber 1, 2009’’. 

12 SEC. 572. CLARIFICATION OF PERFORMANCE POLICIES 

13 FOR MILITARY MUSICAL UNITS AND MUSI14 CIANS. 

15 (a) CLARIFICATION.—Section 974 of title 10, United 

16 States Code, is amended to read as follows: 

17 ‘‘§ 974. Military musical units and musicians: per18 formance policies; restriction on perform19 ance in competition with local civilian 

20 musicians 

21 ‘‘(a) MILITARY MUSICIANS PERFORMING IN AN OF22 FICIAL CAPACITY.—(1) A military musical unit, and a 

23 member of the armed forces who is a member of such a 

24 unit performing in an official capacity, may not engage 


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1 in the performance of music in competition with local civil2 ian musicians. 

3 ‘‘(2) For purposes of paragraph (1), the following 

4 shall, except as provided in paragraph (3), be included 

5 among the performances that are considered to be a per6 formance of music in competition with local civilian musi7 cians: 

8 ‘‘(A) A performance that is more than inci9 dental to an event that— 

10 ‘‘(i) is not supported, in whole or in part, 

11 by United States Government funds; and 

12 ‘‘(ii) is not free to the public. 

13 ‘‘(B) A performance of background, dinner, 

14 dance, or other social music at an event that— 

15 ‘‘(i) is not supported, in whole or in part, 

16 by United States Government funds; and 

17 ‘‘(ii) is held at a location not on a military 

18 installation. 

19 ‘‘(3) For purposes of paragraph (1), the following 

20 shall not be considered to be a performance of music in 

21 competition with local civilian musicians: 

22 ‘‘(A) A performance (including background, 

23 dinner, dance, or other social music) at an official 

24 United States Government event that is supported, 


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1 in whole or in part, by United States Government 

2 funds. 

3 ‘‘(B) A performance at a concert, parade, or 

4 other event, that— 

5 ‘‘(i) is a patriotic event or a celebration of 

6 a national holiday; and 

7 ‘‘(ii) is free to the public. 

8 ‘‘(C) A performance that is incidental to an 

9 event that— 

10 ‘‘(i) is not supported, in whole or in part, 

11 by United States Government funds; or 

12 ‘‘(ii) is not free to the public. 

13 ‘‘(D) A performance (including background, 

14 dinner, dance, or other social music) at— 

15 ‘‘(i) an event that is sponsored by or for a 

16 military welfare society, as defined in section 

17 2566 of this title; 

18 ‘‘(ii) an event that is a traditional military 

19 event intended to foster the morale and welfare 

20 of members of the armed forces and their fami21 lies; or 

22 ‘‘(iii) an event that is specifically for the 

23 benefit or recognition of members of the armed 

24 forces, their family members, veterans, civilian 

25 employees of the Department of Defense, or 


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1 former civilian employees of the Department of 

2 Defense, to the extent provided in regulations 

3 prescribed by the Secretary of Defense. 

4 ‘‘(E) A performance (including background, 

5 dinner, dance, or other social music)— 

6 ‘‘(i) to uphold the standing and prestige of 

7 the United States with dignitaries and distin8 guished or prominent persons or groups of the 

9 United States or another nation; or 

10 ‘‘(ii) in support of fostering and sustaining 

11 a cooperative relationship with another nation. 

12 ‘‘(b) PROHIBITION OF MILITARY MUSICIANS AC13 CEPTING ADDITIONAL REMUNERATION FOR OFFICIAL

14 PERFORMANCES.—A military musical unit, and a member 

15 of the armed forces who is a member of such a unit per16 forming in an official capacity, may not receive remunera17 tion for an official performance, other than applicable mili18 tary pay and allowances. 

19 ‘‘(c) RECORDINGS.—(1) When authorized under reg20 ulations prescribed by the Secretary of Defense for pur21 poses of this section, a military musical unit may produce 

22 recordings for distribution to the public, at a cost not to 

23 exceed expenses of production and distribution. 

24 ‘‘(2) Amounts received in payment for a recording 

25 distributed to the public under this subsection shall be 


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1 credited to the appropriation or account providing the 

2 funds for the production of the recording. Any amount so 

3 credited shall be merged with amounts in the appropria4 tion or account to which credited, and shall be available 

5 for the same purposes, and subject to the same conditions 

6 and limitations, as amounts in such appropriation or ac7 count. 

8 ‘‘(d) PERFORMANCES AT FOREIGN LOCATIONS.— 

9 Subsection (a) does not apply to a performance outside 

10 the United States, its commonwealths, or its possessions. 

11 ‘‘(e) MILITARY MUSICAL UNIT DEFINED.—In this 

12 section, the term ‘military musical unit’ means a band, 

13 ensemble, chorus, or similar musical unit of the armed 

14 forces.’’. 

15 (b) CLERICAL AMENDMENT.—The item relating to 

16 such section in the table of sections at the beginning of 

17 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.’’. 

18 TITLE VI—COMPENSATION AND 

19 OTHER PERSONNEL BENEFITS 

20 Subtitle A—Pay and Allowances 

21 SEC. 601. FISCAL YEAR 2010 INCREASE IN MILITARY BASIC 

22 PAY. 

23 (a) WAIVER OF SECTION 1009 ADJUSTMENT.—The 

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1 quired by section 1009 of title 37, United States Code, 

2 in the rates of monthly basic pay authorized members of 

3 the uniformed services shall not be made. 

4 (b) INCREASE IN BASIC PAY.—Effective on January 

5 1, 2010, the rates of monthly basic pay for members of 

6 the uniformed services are increased by 3.4 percent. 

7 SEC. 602. COMPTROLLER GENERAL OF THE UNITED 

8 STATES COMPARATIVE ASSESSMENT OF MILI9 TARY AND PRIVATE-SECTOR PAY AND BENE10 FITS. 

11 (a) STUDY REQUIRED.—The Comptroller General of 

12 the United States shall conduct a study comparing pay 

13 and benefits provided by law to members of the Armed 

14 Forces with pay and benefits provided by the private sec15 tor to comparably situated private-sector employees. 

16 (b) ELEMENTS.—The study required by subsection 

17 (a) shall include, but not be limited to, the following: 

18 (1) An assessment of total military compensa19 tion for officers and for enlisted personnel, including 

20 basic pay, the basic allowance for housing (BAH), 

21 the basic allowance for subsistence (BAS), tax bene22 fits applicable to military pay and allowances under 

23 Federal law (including the Social Security laws) and 

24 State law, military retirement benefits, commissary 


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1 and exchange privileges, and military healthcare 

2 benefits. 

3 (2) An assessment of private-sector pay and 

4 benefits for civilians of similar age, education, and 

5 experience in like fields of officers and enlisted per6 sonnel of the Armed Forces, including pay, bonuses, 

7 employee options, fringe benefits, retirement bene8 fits, individual retirement investment benefits, flexi9 ble spending accounts and health savings accounts, 

10 and any other elements of private-sector compensa11 tion that the Comptroller General considers appro12 priate. 

13 (3) An identification of the percentile of com14 parable private-sector compensation at which mem15 bers of the Armed Forces are paid, including an as16 sessment of the adequacy of percentile comparisons 

17 generally and whether the Department of Defense 

18 goal of compensating members of the Armed Forces 

19 at the 80th percentile of comparable private-sector 

20 compensation, as described in the 10th Quadrennial 

21 Review of Military Compensation, is appropriate and 

22 adequate to achieve comparability of pay between 

23 members of the Armed Forces and private-sector 

24 employees. 


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1 (c) REPORT.—The Comptroller General shall submit 

2 to the congressional defense committees a report on the 

3 study required by subsection (a) by not later than April 

4 1, 2010. 

5 SEC. 603. INCREASE IN MAXIMUM MONTHLY AMOUNT OF 

6 SUPPLEMENTAL SUBSISTENCE ALLOWANCE 

7 FOR LOW-INCOME MEMBERS WITH DEPEND8 ENTS. 

9 (a) INCREASE IN MAXIMUM MONTHLY AMOUNT.— 

10 Section 402a(a) of title 37, United States Code, is amend11 ed— 

12 (1) in paragraph (2), by striking ‘‘$500’’ and 

13 inserting ‘‘$1,100’’; and 

14 (2) in paragraph (3)(B), by striking ‘‘$500’’ 

15 and inserting ‘‘$1,100’’. 

16 (b) EFFECTIVE DATE.—The amendments made by 

17 subsection (a) shall take effect on October 1, 2009, and 

18 shall apply with respect to monthly supplemental subsist19 ence allowances for low-income members with dependents 

20 payable on or after that date. 

21 (c) REPORT ON ELIMINATION OF RELIANCE ON SUP22 PLEMENTAL NUTRITION ASSISTANCE PROGRAM TO MEET

23 NUTRITIONAL NEEDS OF MEMBERS OF THE ARMED

24 FORCES AND THEIR DEPENDENTS.— 


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1 (1) IN GENERAL.—Not later than September 1, 

2 2010, the Secretary of Defense shall, in consultation 

3 with the Secretary of Agriculture, submit to the con4 gressional defense committees a report setting forth 

5 a plan for actions to eliminate the need for members 

6 of the Armed Forces and their dependents to rely on 

7 the supplemental nutrition assistance program under 

8 the Food Stamp Act of 1977 (7 U.S.C. 2011 et 

9 seq.) for their monthly nutritional needs. 

10 (2) ELEMENTS.—The plan required by para11 graph (1) shall address the following: 

12 (A) An appropriate amount or amounts for 

13 the monthly supplemental subsistence allowance 

14 for low-income members with dependents pay15 able under section 402a of title 37, United 

16 States Code. 

17 (B) Such modifications, if any, to the eligi18 bility requirements for the monthly supple19 mental subsistence allowance, including limita20 tions on the maximum size of the household of 

21 a member for purposes of eligibility for the al22 lowance, as the Secretary of Defense considers 

23 appropriate. 

24 (C) The advisability of requiring members 

25 of the Armed Forces to apply for the monthly 


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1 supplemental subsistence allowance before seek2 ing assistance under the supplemental nutrition 

3 assistance program. 

4 (D) Such other matters as the Secretary of 

5 Defense considers appropriate. 

6 SEC. 604. BENEFITS UNDER POST-DEPLOYMENT/MOBILIZA7 TION RESPITE ABSENCE PROGRAM FOR CER8 TAIN PERIODS BEFORE IMPLEMENTATION OF 

9 PROGRAM. 

10 (a) IN GENERAL.—Under regulations prescribed by 

11 the Secretary of Defense, the Secretary concerned may 

12 provide any member or former member of the Armed 

13 Forces with the benefits specified in subsection (b) if the 

14 member or former member would, on any day during the 

15 period beginning on January 19, 2007, and ending on the 

16 date of the implementation of the Post-Deployment/Mobi17 lization Respite Absence (PDMRA) program by the Sec18 retary concerned, have qualified for a day of administra19 tive absence under the Post-Deployment/Mobilization Res20 pite Absence program had the program been in effect dur21 ing such period. 

22 (b) BENEFITS.—The benefits specified in this sub23 section are the following: 

24 (1) In the case of an individual who is a former 

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1 vision of benefits under this section, payment of an 

2 amount not to exceed $200 for each day the indi3 vidual would have qualified for a day of administra4 tive absence as described in subsection (a) during 

5 the period specified in that subsection. 

6 (2) In the case of an individual who is a mem7 ber of the Armed Forces at the time of the provision 

8 of benefits under this section, either one day of ad9 ministrative absence or payment of an amount not 

10 to exceed $200, as selected by the Secretary con11 cerned, for each day the individual would have quali12 fied for a day of administrative absence as described 

13 in subsection (a) during the period specified in that 

14 subsection. 

15 (c) EXCLUSION OF CERTAIN FORMER MEMBERS.— 

16 A former member of the Armed Forces is not eligible 

17 under this section for the benefits specified in subsection 

18 (b)(1) if the former member was discharged or released 

19 from the Armed Forces under other than honorable condi20 tions. 

21 (d) MAXIMUM NUMBER OF DAYS OF BENEFITS

22 PROVIDABLE.—The number of days of benefits providable 

23 to a member or former member of the Armed Forces 

24 under this section may not exceed 40 days of benefits. 


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1 (e) FORM OF PAYMENT.—The paid benefits 

2 providable under subsection (b) may be paid in a lump 

3 sum or installments, at the election of the Secretary con4 cerned. 

5 (f) CONSTRUCTION WITH OTHER PAY AND LEAVE.— 

6 The benefits provided a member or former member of the 

7 Armed Forces under this section are in addition to any 

8 other pay, absence, or leave provided by law. 

9 (g) DEFINITIONS.—In this section: 

10 (1) The term ‘‘Post-Deployment/Mobilization 

11 Respite Absence program’’ means the program of a 

12 military department to provide days of administra13 tive absence not chargeable against available leave to 

14 certain deployed or mobilized members of the Armed 

15 Forces in order to assist such members in reinte16 grating into civilian life after deployment or mobili17 zation. 

18 (2) The term ‘‘Secretary concerned’’ has the 

19 meaning given that term in section 101(5) of title 

20 37, United States Code. 

21 (h) TERMINATION.— 

22 (1) IN GENERAL.—The authority to provide 

23 benefits under this section shall expire on the date 

24 that is one year after the date of the enactment of 

25 this Act. 


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1 (2) CONSTRUCTION.—Expiration under this 

2 subsection of the authority to provide benefits under 

3 this section shall not affect the utilization of any day 

4 of administrative absence provided a member of the 

5 Armed Forces under subsection (b)(2), or the pay6 ment of any payment authorized a member or 

7 former member of the Armed Forces under sub8 section (b), before the expiration of the authority in 

9 this section. 

10 Subtitle B—Bonuses and Special 

11 and Incentive Pays 

12 SEC. 611. EXTENSION OF CERTAIN BONUS AND SPECIAL 

13 PAY AUTHORITIES FOR RESERVE FORCES. 

14 (a) SELECTED RESERVE REENLISTMENT BONUS.— 

15 Section 308b(g) of title 37, United States Code, is amend16 ed by striking ‘‘December 31, 2009’’ and inserting ‘‘De17 cember 31, 2010’’. 

18 (b) SELECTED RESERVE AFFILIATION OR ENLIST19 MENT BONUS.—Section 308c(i) of such title is amended 

20 by striking ‘‘December 31, 2009’’ and inserting ‘‘Decem21 ber 31, 2010’’. 

22 (c) SPECIAL PAY FOR ENLISTED MEMBERS AS23 SIGNED TO CERTAIN HIGH PRIORITY UNITS.—Section 

24 308d(c) of such title is amended by striking ‘‘December 

25 31, 2009’’ and inserting ‘‘December 31, 2010’’. 


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1 (d) READY RESERVE ENLISTMENT BONUS FOR PER2 SONS WITHOUT PRIOR SERVICE.—Section 308g(f)(2) of 

3 such title is amended by striking ‘‘December 31, 2009’’ 

4 and inserting ‘‘December 31, 2010’’. 

5 (e) READY RESERVE ENLISTMENT AND REENLIST6 MENT BONUS FOR PERSONS WITH PRIOR SERVICE.—Sec7 tion 308h(e) of such title is amended by striking ‘‘Decem8 ber 31, 2009’’ and inserting ‘‘December 31, 2010’’. 

9 (f) SELECTED RESERVE ENLISTMENT BONUS FOR

10 PERSONS WITH PRIOR SERVICE.—Section 308i(f) of such 

11 title is amended by striking ‘‘December 31, 2009’’ and in12 serting ‘‘December 31, 2010’’. 

13 (g) INCOME REPLACEMENT PAYMENTS.—Section 

14 910(g) of such title is amended by striking ‘‘December 31, 

15 2009’’ and inserting ‘‘December 31, 2010’’. 

16 SEC. 612. EXTENSION OF CERTAIN BONUS AND SPECIAL 

17 PAY AUTHORITIES FOR HEALTH CARE PRO18 FESSIONALS. 

19 (a) NURSE OFFICER CANDIDATE ACCESSION PRO20 GRAM.—Section 2130a(a)(1) of title 10, United States 

21 Code, is amended by striking ‘‘December 31, 2009’’ and 

22 inserting ‘‘December 31, 2010’’. 

23 (b) REPAYMENT OF EDUCATION LOANS FOR CER24 TAIN HEALTH PROFESSIONALS WHO SERVE IN THE SE25 LECTED RESERVE.—Section 16302(d) of such title is 


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1 amended by striking ‘‘December 31, 2009’’ and inserting 

2 ‘‘December 31, 2010’’. 

3 (c) ACCESSION AND RETENTION BONUSES FOR PSY4 CHOLOGISTS.—Section 302c-1(f) of title 37, United States 

5 Code, is amended by striking ‘‘December 31, 2009’’ and 

6 inserting ‘‘December 31, 2010’’. 

7 (d) ACCESSION BONUS FOR REGISTERED NURSES.— 

8 Section 302d(a)(1) of such title is amended by striking 

9 ‘‘December 31, 2009’’ and inserting ‘‘December 31, 

10 2010’’. 

11 (e) INCENTIVE SPECIAL PAY FOR NURSE ANES12 THETISTS.—Section 302e(a)(1) of such title is amended 

13 by striking ‘‘December 31, 2009’’ and inserting ‘‘Decem14 ber 31, 2010’’. 

15 (f) SPECIAL PAY FOR SELECTED RESERVE HEALTH

16 PROFESSIONALS IN CRITICALLY SHORT WARTIME SPE17 CIALTIES.—Section 302g(e) of such title is amended by 

18 striking ‘‘December 31, 2009’’ and inserting ‘‘December 

19 31, 2010’’. 

20 (g) ACCESSION BONUS FOR DENTAL OFFICERS.— 

21 Section 302h(a)(1) of such title is amended by striking 

22 ‘‘December 31, 2009’’ and inserting ‘‘December 31, 

23 2010’’. 


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1 (h) ACCESSION BONUS FOR PHARMACY OFFICERS.— 

2 Section 302j(a) of such title is amended by striking ‘‘De3 cember 31, 2009’’ and inserting ‘‘December 31, 2010’’. 

4 (i) ACCESSION BONUS FOR MEDICAL OFFICERS IN

5 CRITICALLY SHORT WARTIME SPECIALTIES.—Section 

6 302k(f) of such title is amended by striking ‘‘December 

7 31, 2009’’ and inserting ‘‘December 31, 2010’’. 

8 (j) ACCESSION BONUS FOR DENTAL SPECIALIST OF9 FICERS IN CRITICALLY SHORT WARTIME SPECIALTIES.— 

10 Section 302l(g) of such title is amended by striking ‘‘De11 cember 31, 2009’’ and inserting ‘‘December 31, 2010’’. 

12 SEC. 613. EXTENSION OF SPECIAL PAY AND BONUS AU13 THORITIES FOR NUCLEAR OFFICERS. 

14 (a) SPECIAL PAY FOR NUCLEAR-QUALIFIED OFFI15 CERS EXTENDING PERIOD OF ACTIVE SERVICE.—Section 

16 312(f) of title 37, United States Code, is amended by 

17 striking ‘‘December 31, 2009’’ and inserting ‘‘December 

18 31, 2010’’. 

19 (b) NUCLEAR CAREER ACCESSION BONUS.—Section 

20 312b(c) of such title is amended by striking ‘‘December 

21 31, 2009’’ and inserting ‘‘December 31, 2010’’. 

22 (c) NUCLEAR CAREER ANNUAL INCENTIVE

23 BONUS.—Section 312c(d) of such title is amended by 

24 striking ‘‘December 31, 2009’’ and inserting ‘‘December 

25 31, 2010’’. 


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1 SEC. 614. EXTENSION OF AUTHORITIES RELATING TO TITLE 

2 37 CONSOLIDATED SPECIAL PAY, INCENTIVE 

3 PAY, AND BONUS AUTHORITIES. 

4 (a) GENERAL BONUS AUTHORITY FOR ENLISTED

5 MEMBERS.—Section 331(h) of title 37, United States 

6 Code, is amended by striking ‘‘December 31, 2009’’ and 

7 inserting ‘‘December 31, 2010’’. 

8 (b) GENERAL BONUS AUTHORITY FOR OFFICERS.— 

9 Section 332(g) of such title is amended by striking ‘‘De10 cember 31, 2009’’ and inserting ‘‘December 31, 2010’’. 

11 (c) SPECIAL BONUS AND INCENTIVE PAY AUTHORI12 TIES FOR NUCLEAR OFFICERS.—Section 333(i) of such 

13 title is amended by striking ‘‘December 31, 2009’’ and in14 serting ‘‘December 31, 2010’’. 

15 (d) SPECIAL AVIATION INCENTIVE PAY AND BONUS

16 AUTHORITIES.—Section 334(i) of such title is amended by 

17 striking ‘‘December 31, 2009’’ and inserting ‘‘December 

18 31, 2010’’. 

19 (e) SPECIAL HEALTH PROFESSIONS INCENTIVE PAY

20 AND BONUS AUTHORITIES.—Section 335(k) of such title 

21 is amended by striking ‘‘December 31, 2009’’ and insert22 ing ‘‘December 31, 2010’’. 

23 (f) HAZARDOUS DUTY PAY.—Section 351(i) of such 

24 title is amended by striking ‘‘December 31, 2009’’ and in25 serting ‘‘December 31, 2010’’. 


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1 (g) ASSIGNMENT PAY OR SPECIAL DUTY PAY.—Sec2 tion 352(g) of such title is amended by striking ‘‘Decem3 ber 31, 2009’’ and inserting ‘‘December 31, 2010’’. 

4 (h) SKILL INCENTIVE PAY OR PROFICIENCY

5 BONUS.—Section 353(j) of such title is amended by strik6 ing ‘‘December 31, 2009’’ and inserting ‘‘December 31, 

7 2010’’. 

8 (i) RETENTION BONUS FOR MEMBERS WITH CRIT9 ICAL MILITARY SKILLS OR ASSIGNED TO HIGH PRIORITY

10 UNITS.—Section 355(i) of such title is amended by strik11 ing ‘‘December 31, 2009’’ and inserting ‘‘December 31, 

12 2010’’. 

13 SEC. 615. EXTENSION OF AUTHORITIES RELATING TO PAY14 MENT OF OTHER TITLE 37 BONUSES AND SPE15 CIAL PAYS. 

16 (a) AVIATION OFFICER RETENTION BONUS.—Sec17 tion 301b(a) of title 37, United States Code, is amended 

18 by striking ‘‘December 31, 2009’’ and inserting ‘‘Decem19 ber 31, 2010’’. 

20 (b) ASSIGNMENT INCENTIVE PAY.—Section 307a(g) 

21 of such title is amended by striking ‘‘December 31, 2009’’ 

22 and inserting ‘‘December 31, 2010’’. 

23 (c) REENLISTMENT BONUS FOR ACTIVE MEM24 BERS.—Section 308(g) of such title is amended by strikVerDate Nov 24 2008 23:21 Jul 02, 2009 Jkt 059200 PO 00000 Frm 00175 Fmt 6652 Sfmt 6201 E:\BILLS\S1391.PCS S1391

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1 ing ‘‘December 31, 2009’’ and inserting ‘‘December 31, 

2 2010’’. 

3 (d) ENLISTMENT BONUS.—Section 309(e) of such 

4 title is amended by striking ‘‘December 31, 2009’’ and in5 serting ‘‘December 31, 2010’’. 

6 (e) ACCESSION BONUS FOR NEW OFFICERS IN CRIT7 ICAL SKILLS.—Section 324(g) of such title is amended by 

8 striking ‘‘December 31, 2009’’ and inserting ‘‘December 

9 31, 2010’’. 

10 (f) INCENTIVE BONUS FOR CONVERSION TO MILI11 TARY OCCUPATIONAL SPECIALTY TO EASE PERSONNEL

12 SHORTAGE.—Section 326(g) of such title is amended by 

13 striking ‘‘December 31, 2009’’ and inserting ‘‘December 

14 31, 2010’’. 

15 (g) INCENTIVE BONUS FOR TRANSFER BETWEEN

16 ARMED FORCES.—Section 327(h) of such title is amended 

17 by striking ‘‘December 31, 2009’’ and inserting ‘‘Decem18 ber 31, 2010’’. 

19 (h) ACCESSION BONUS FOR OFFICER CAN20 DIDATES.—Section 330(f) of such title is amended by 

21 striking ‘‘December 31, 2009’’ and inserting ‘‘December 

22 31, 2010’’. 


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1 SEC. 616. EXTENSION OF AUTHORITIES RELATING TO PAY2 MENT OF REFERRAL BONUSES. 

3 (a) HEALTH PROFESSIONS REFERRAL BONUS.—Sec4 tion 1030(i) of title 10, United States Code, is amended 

5 by striking ‘‘December 31, 2009’’ and inserting ‘‘Decem6 ber 31, 2010’’. 

7 (b) ARMY REFERRAL BONUS.—Section 3252(h) of 

8 such title is amended by striking ‘‘December 31, 2009’’ 

9 and inserting ‘‘December 31, 2010’’. 

10 SEC. 617. SPECIAL COMPENSATION FOR MEMBERS OF THE 

11 UNIFORMED SERVICES WITH COMBAT-RE12 LATED CATASTROPHIC INJURIES OR ILL13 NESSES REQUIRING ASSISTANCE IN EVERY14 DAY LIVING. 

15 (a) IN GENERAL.—Chapter 7 of title 37, United 

16 States Code, is amended by adding at the end the fol17 lowing new section: 

18 ‘‘§ 439. Special compensation: members of the uni19 formed services with combat-related cat20 astrophic injuries or illnesses requiring 

21 assistance in everyday living 

22 ‘‘(a) MONTHLY COMPENSATION.—The Secretary con23 cerned may pay to any member of the uniformed services 

24 described in subsection (b) monthly special compensation 

25 in an amount determined under subsection (c). 


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1 ‘‘(b) COVERED MEMBERS.—A member eligible for 

2 monthly special compensation authorized by subsection (a) 

3 is a member who— 

4 ‘‘(1) has a combat-related catastrophic injury or 

5 illness; 

6 ‘‘(2) has been certified by a licensed physician 

7 to be in need of assistance from another person to 

8 perform the personal functions required in everyday 

9 living; and 

10 ‘‘(3) meets such other criteria, if any, as the 

11 Secretary of Defense (or the Secretary of Homeland 

12 Security, with respect to the Coast Guard) pre13 scribes for purposes of this section. 

14 ‘‘(c) AMOUNT.—(1) The amount of monthly special 

15 compensation payable to a member under subsection (a) 

16 shall be determined under criteria prescribed by the Sec17 retary of Defense (or the Secretary of Homeland Security, 

18 with respect to the Coast Guard), but may not exceed the 

19 amount of aid and attendance allowance authorized by 

20 section 1114(r) of title 38 for veterans in need of regular 

21 aid and attendance. 

22 ‘‘(2) In determining the amount of monthly special 

23 compensation, the Secretary concerned shall consider the 

24 following: 


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1 ‘‘(A) The extent to which home health care and 

2 related services are being provided by the Govern3 ment. 

4 ‘‘(B) The extent to which aid and attendance 

5 services are being provided by family and friends 

6 who may be compensated with funds provided 

7 through the monthly special compensation. 

8 ‘‘(d) PAYMENT UNTIL MEDICAL RETIREMENT.— 

9 Monthly special compensation is payable under this sec10 tion to a member described in subsection (b) for any 

11 month that begins before the date on which the member 

12 is medically retired. 

13 ‘‘(e) CONSTRUCTION WITH OTHER PAY AND ALLOW14 ANCES.—Monthly special compensation payable to a mem15 ber under this section is in addition to any other pay and 

16 allowances payable to the member by law. 

17 ‘‘(f) DEFINITIONS.—In this section: 

18 ‘‘(1) The term ‘catastrophic injury or illness’, 

19 with respect to member, means a permanent, se20 verely disabling injury, disorder, or disease that 

21 compromises the member’s ability to carry out the 

22 activities of daily living to such a degree that the 

23 member requires personal or mechanical assistance 

24 to leave home or bed, or requires constant super25 vision to avoid physical harm to self or others. 


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1 ‘‘(2) The term ‘combat-related’, with respect to 

2 a catastrophic injury or illness, means an injury or 

3 illness incurred as described in section 1413a(e) of 

4 title 10. 

5 ‘‘(g) REGULATIONS.—The Secretary of Defense (or 

6 the Secretary of Homeland Security, with respect to the 

7 Coast Guard) shall prescribe regulations to carry out this 

8 section.’’. 

9 (b) CLERICAL AMENDMENT.—The table of sections 

10 at the beginning of chapter 7 of such title is amended by 

11 adding at the end the following new item: 

‘‘439. Special compensation: members of the uniformed services with combat-related catastrophic injuries or illnesses requiring assistance in 

everyday living.’’. 

12 SEC. 618. TEMPORARY AUTHORITY FOR MONTHLY SPECIAL 

13 PAY FOR MEMBERS OF THE ARMED FORCES 

14 SUBJECT TO CONTINUING ACTIVE DUTY OR 

15 SERVICE UNDER STOP-LOSS AUTHORITIES. 

16 (a) SPECIAL PAY AUTHORIZED.—The Secretary of 

17 the military department concerned may pay monthly spe18 cial pay to any member of the Armed Forces described 

19 in subsection (b) for any month or portion of a month 

20 in which the member serves on active duty in the Armed 

21 Forces, or has the member’s eligibility for retirement from 

22 the Armed Forces suspended, as described in that sub23 section. 


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1 (b) COVERED MEMBERS.—A member of the Armed 

2 Forces described in this subsection is any member of the 

3 Army, Navy, Air Force, or Marine Corps (including a 

4 member of a reserve component thereof) who, at any time 

5 during the period beginning on October 1, 2009, and end6 ing on June 30, 2011, serves on active duty while the 

7 member’s enlistment or period of obligated service is ex8 tended, or has the member’s eligibility for retirement sus9 pended, pursuant to section 123 or 12305 of title 10, 

10 United States Code, or any other provision of law (com11 monly referred to as a ‘‘stop-loss authority’’) authorizing 

12 the President to extend an enlistment or period of obli13 gated service, or suspend eligibility for retirement, of a 

14 member of the uniformed services in time of war or of 

15 national emergency declared by Congress or the President. 

16 (c) AMOUNT.—The amount of monthly special pay 

17 payable to a member under this section for a month may 

18 not exceed $500. 

19 (d) CONSTRUCTION WITH OTHER PAYS.—Monthly 

20 special pay payable to a member under this section is in 

21 addition to any other amounts payable to the member by 

22 law. 


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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: 


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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.’’. 


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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’’. 


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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. 


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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 atVerDate Nov 24 2008 23:21 Jul 02, 2009 Jkt 059200 PO 00000 Frm 00186 Fmt 6652 Sfmt 6201 E:\BILLS\S1391.PCS S1391

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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 


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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: 


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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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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 Subtitle D—Other Matters 

8 SEC. 651. AUTHORITY TO CONTINUE PROVISION OF INCEN9 TIVES AFTER TERMINATION OF TEMPORARY 

10 ARMY AUTHORITY TO PROVIDE ADDITIONAL 

11 RECRUITMENT INCENTIVES. 

12 Subsection (i) of section 681 of the National Defense 

13 Authorization Act for Fiscal Year 2006 (Public Law 109– 

14 163; 119 Stat. 3321) is amended to read as follows: 

15 ‘‘(i) TERMINATION OF AUTHORITY.— 

16 ‘‘(1) IN GENERAL.—The Secretary may not de17 velop an incentive under this section, or first provide 

18 an incentive developed under this section to an indi19 vidual, after December 31, 2009. 

20 ‘‘(2) CONTINUATION OF INCENTIVES.—Nothing 

21 in paragraph (1) shall be construed to prohibit or 

22 limit the continuing provision to an individual after 

23 the date specified in that paragraph of an incentive 

24 first provided the individual under this section be25 fore that date.’’. 


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1 TITLE VII—HEALTH CARE 

2 PROVISIONS 

3 Subtitle A—TRICARE Program 

4 SEC. 701. TRICARE STANDARD COVERAGE FOR CERTAIN 

5 MEMBERS OF THE RETIRED RESERVE, AND 

6 FAMILY MEMBERS, WHO ARE QUALIFIED FOR 

7 A NON-REGULAR RETIREMENT BUT ARE NOT 

8 YET AGE 60. 

9 (a) IN GENERAL.—Chapter 55 of title 10, United 

10 States Code, is amended by inserting after section 1076d 

11 the following new section: 

12 ‘‘§ 1076e. TRICARE program: TRICARE Standard cov13 erage for certain members of the Retired 

14 Reserve who are qualified for a non-reg15 ular retirement but are not yet age 60 

16 ‘‘(a) ELIGIBILITY.—(1) Except as provided in para17 graph (2), a member of the Retired Reserve of a reserve 

18 component of the Armed Forces who is qualified for a non19 regular retirement at age 60 under chapter 1223, but is 

20 not age 60, is eligible for health benefits under TRICARE 

21 Standard as provided in this section. 

22 ‘‘(2) Paragraph (1) does not apply to a member who 

23 is enrolled, or is eligible to enroll, in a health benefits plan 

24 under chapter 89 of title 5. 


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1 ‘‘(b) TERMINATION OF ELIGIBILITY UPON OBTAIN2 ING OTHER TRICARE COVERAGE.—Eligibility for 

3 TRICARE Standard coverage of a member under this sec4 tion shall terminate upon the member becoming eligible 

5 for TRICARE coverage at age 60 under section 1086 of 

6 this title. 

7 ‘‘(c) FAMILY MEMBERS.—While a member of a re8 serve component is covered by TRICARE Standard under 

9 the section, the members of the immediate family of such 

10 member are eligible for TRICARE Standard coverage as 

11 dependents of the member. If a member of a reserve com12 ponent dies while in a period of coverage under this sec13 tion, the eligibility of the members of the immediate family 

14 of such member for TRICARE Standard coverage under 

15 this section shall continue for the same period of time that 

16 would be provided under section 1086 of this title if the 

17 member had been eligible at the time of death for 

18 TRICARE Standard coverage under such section (instead 

19 of under this section). 

20 ‘‘(d) PREMIUMS.—(1) A member of a reserve compo21 nent covered by TRICARE Standard under this section 

22 shall pay a premium for that coverage. 

23 ‘‘(2) The Secretary of Defense shall prescribe for the 

24 purposes of this section one premium for TRICARE 

25 Standard coverage of members without dependents and 


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1 one premium for TRICARE Standard coverage of mem2 bers with dependents referred to in subsection (f)(1). The 

3 premium prescribed for a coverage shall apply uniformly 

4 to all covered members of the reserve components covered 

5 under this section. 

6 ‘‘(3)(A) The monthly amount of the premium in ef7 fect for a month for TRICARE Standard coverage under 

8 this section shall be the amount equal to the cost of cov9 erage that the Secretary determines on an appropriate ac10 tuarial basis. 

11 ‘‘(B) The appropriate actuarial basis for purposes of 

12 subparagraph (A) shall be determined in the manner spec13 ified in section 1076d(d)(3)(B) of this title with respect 

14 to the cost of coverage applicable under subparagraph (A). 

15 ‘‘(4) The Secretary shall prescribe the requirements 

16 and procedures applicable to the payment of premiums 

17 under this subsection. 

18 ‘‘(5) Amounts collected as premiums under this sub19 section shall be credited to the appropriation available for 

20 the Defense Health Program Account under section 1100 

21 of this title, shall be merged with sums in such Account 

22 that are available for the fiscal year in which collected, 

23 and shall be available under subsection (b) of such section 

24 for such fiscal year. 


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1 ‘‘(e) REGULATIONS.—The Secretary of Defense, in 

2 consultation with the other administering Secretaries, 

3 shall prescribe regulations for the administration of this 

4 section. 

5 ‘‘(f) DEFINITIONS.—In this section: 

6 ‘‘(1) The term ‘immediate family’, with respect 

7 to a member of a reserve component, means all of 

8 the member’s dependents described in subpara9 graphs (A), (D), and (I) of section 1072(2) of this 

10 title. 

11 ‘‘(2) The term ‘TRICARE Standard’ means— 

12 ‘‘(A) medical care to which a dependent 

13 described in section 1076(a)(2) of this title is 

14 entitled; and 

15 ‘‘(B) health benefits contracted for under 

16 the authority of section 1079(a) of this title and 

17 subject to the same rates and conditions as 

18 apply to persons covered under that section.’’. 

19 (b) CLERICAL AMENDMENT.—The table of sections 

20 at the beginning of chapter 55 of such title is amended 

21 by inserting after the item relating to section 1076d the 

22 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.’’. 

23 (c) EFFECTIVE DATE.—Section 1076e of title 10, 

24 United States Code, as inserted by subsection (a), shall 


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1 apply to coverage for months beginning on or after Octo2 ber 1, 2009, or such earlier date as the Secretary of De3 fense may specify. 

4 SEC. 702. EXPANSION OF ELIGIBILITY OF SURVIVORS 

5 UNDER THE TRICARE DENTAL PROGRAM. 

6 Section 1076a(k)(3) of title 10, United States Code, 

7 is amended by inserting before the period at the end the 

8 following: ‘‘, except that, in the case of a dependent de9 scribed by subparagraph (D) or (I) of section 1072(2) of 

10 this title, the period of continuing eligibility shall be the 

11 longer of the following periods beginning on such date: 

12 ‘‘(A) Three years. 

13 ‘‘(B) The period ending on the date on which 

14 the dependent attains 21 years of age. 

15 ‘‘(C) In the case of a dependent who, at 21 

16 years of age, is enrolled in a full-time course of 

17 study at an institution of higher learning approved 

18 by the administering Secretary and is, or was, at the 

19 time of the member’s death, in fact dependent on 

20 the member for over one-half of the dependent’s sup21 port, the period ending on the earlier of the fol22 lowing dates: 

23 ‘‘(i) The date on which the dependent 

24 ceases to pursue such a course of study, as de25 termined by the administering Secretary. 


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1 ‘‘(ii) The date on which the dependent at2 tains 23 years of age’’. 

3 SEC. 703. CONSTRUCTIVE ELIGIBILITY FOR TRICARE BENE4 FITS OF CERTAIN PERSONS OTHERWISE IN5 ELIGIBLE UNDER RETROACTIVE DETERMINA6 TION OF ENTITLEMENT TO MEDICARE PART 

7 A HOSPITAL INSURANCE BENEFITS. 

8 Section 1086(d) of title 10, United States Code, is 

9 amended— 

10 (1) by redesignating paragraph (4) as para11 graph (5); and 

12 (2) by inserting after paragraph (3) the fol13 lowing new paragraph (4): 

14 ‘‘(4)(A) If a person referred to in subsection (c) and 

15 described by paragraph (2)(B) is subject to a retroactive 

16 determination by the Social Security Administration of en17 titlement to hospital insurance benefits described in para18 graph (1), the person shall, during the period described 

19 in subparagraph (B), be deemed for purposes of health 

20 benefits under this section— 

21 ‘‘(i) not to have been covered by paragraph (1); 

22 and 

23 ‘‘(ii) not to have been subject to the require24 ments of section 1079(j)(1) of this title, whether 


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1 through the operation of such section or subsection 

2 (g) of this section. 

3 ‘‘(B) The period described in this subparagraph with 

4 respect to a person covered by subparagraph (A) is the 

5 period that— 

6 ‘‘(i) begins on the date that eligibility of the 

7 person for hospital insurance benefits referred to in 

8 paragraph (1) is effective under the retroactive de9 termination of eligibility with respect to the person 

10 as described in subparagraph (A); and 

11 ‘‘(ii) ends on the date of the issuance of such 

12 retroactive determination of eligibility by the Social 

13 Security Administration.’’. 

14 SEC. 704. REFORM AND IMPROVEMENT OF THE TRICARE 

15 PROGRAM. 

16 (a) IN GENERAL.—Commencing not later than 30 

17 days after the date of the enactment of this Act, the Sec18 retary of Defense shall, in consultation with the other ad19 ministering Secretaries, undertake actions to reform and 

20 improve the TRICARE program. 

21 (b) ELEMENTS.—In undertaking actions to reform 

22 and improve the TRICARE program under subsection (a), 

23 the Secretary shall consider actions as follows: 

24 (1) Actions to guarantee the availability of care 

25 without delay for eligible beneficiaries. 


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1 (2) Actions to expand and enhance sharing of 

2 health care resources among Federal health care 

3 programs, including designated providers (as that 

4 term is defined in section 721(5) of the National 

5 Defense Authorization Act for Fiscal Year 1997 (10 

6 U.S.C. 1073 note)). 

7 (3) Actions utilizing medical technology to 

8 speed and simplify referrals for specialty care. 

9 (4) Actions, including a comprehensive plan, for 

10 the enhanced availability of prevention and wellness 

11 care. 

12 (5) Actions to expand and enhance options for 

13 mental health care. 

14 (6) Actions utilizing technology to improve di15 rect communication with beneficiaries regarding 

16 health and preventive care. 

17 (7) Actions regarding additional financing op18 tions for health care provided by civilian providers. 

19 (8) Actions to improve regional or national 

20 staffing capabilities in order to enhance support pro21 vided to military medical treatment facilities facing 

22 staff shortages. 

23 (9) Actions to reduce administrative costs. 

24 (10) Actions to control the cost of health care 

25 and pharmaceuticals. 


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1 (11) Actions to ensure consistency throughout 

2 the TRICARE program, including actions to hold 

3 commanders of military medical treatment facilities 

4 and civilian providers accountable for compliance 

5 with access standards. 

6 (12) Actions to create performance metrics by 

7 which to measure improvement in the TRICARE 

8 program. 

9 (13) Such other actions as the Secretary, in 

10 consultation with the other administering Secre11 taries, considers appropriate. 

12 (c) CONSULTATION.—In considering actions to be un13 dertaken under this section, and in undertaking such ac14 tions, the Secretary shall consult with a broad range of 

15 national health care and military advocacy organizations. 

16 (d) REPORTS.— 

17 (1) IN GENERAL.—The Secretary shall, on a 

18 periodic basis, submit to the congressional defense 

19 committees a report on the progress being made in 

20 the reform and improvement of the TRICARE pro21 gram under this section. 

22 (2) ELEMENTS.—Each report under this sub23 section shall include the following: 

24 (A) A description and assessment of the 

25 progress made as of the date of such report in 


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1 the reform and improvement of the TRICARE 

2 program. 

3 (B) Such recommendations for administra4 tive or legislative action as the Secretary con5 siders appropriate to expedite and enhance the 

6 reform and improvement of the TRICARE pro7 gram. 

8 (e) DEFINITIONS.—In this section: 

9 (1) The term ‘‘administering Secretaries’’ has 

10 the meaning given that term in section 1072(3) of 

11 title 10, United States Code. 

12 (2) The term ‘‘TRICARE program’’ has the 

13 meaning given that term in section 1072(7) of title 

14 10, United States Code. 

15 SEC. 705. COMPTROLLER GENERAL OF THE UNITED 

16 STATES REPORT ON IMPLEMENTATION OF 

17 REQUIREMENTS ON THE RELATIONSHIP BE18 TWEEN THE TRICARE PROGRAM AND EM19 PLOYER-SPONSORED GROUP HEALTH PLANS. 

20 (a) REPORT REQUIRED.—Not later than March 31, 

21 2010, the Comptroller General of the United States shall 

22 submit to the Committees on Armed Services of the Sen23 ate and the House of Representatives a report on the im24 plementation of the requirements of section 1097c of title 

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1 tween the TRICARE program and employer-sponsored 

2 group health plans. 

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

4 (a) shall include the following: 

5 (1) A description of the extent to which the De6 partment of Defense has established measures to as7 sess the effectiveness of section 1097c of title 10, 

8 United States Code, in reducing health care costs to 

9 the Department for military retirees and their fami10 lies, and an assessment of the effectiveness of any 

11 measures so established. 

12 (2) An assessment of the extent to which the 

13 implementation of such section 1097c has resulted 

14 in the migration of military retirees from coverage 

15 under the TRICARE Standard option of the 

16 TRICARE program to coverage under the 

17 TRICARE Prime option of the TRICARE program. 

18 (3) A description of the exceptions adopted 

19 under subsection (a)(2) of such section 1097c to the 

20 requirements under such section 1097c, and an as21 sessment of the effect of the exercise of any excep22 tions adopted on the administration of such section 

23 1097c. 

24 (4) An assessment of the extent to which the 

25 Department collects and assembles data on the 


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1 treatment of employees eligible for participation in 

2 the TRICARE program in comparison with similar 

3 employees who are not eligible for participation in 

4 that program. 

5 (5) A description of the outreach conducted by 

6 the Department to inform individuals eligible for 

7 participation in the TRICARE program and employ8 ers of their respective rights and responsibilities 

9 under such section 1097c, and an assessment of the 

10 effectiveness of any outreach so conducted. 

11 (6) Such other matters with respect to the ad12 ministration and effectiveness of the authorities in 

13 such section 1097c as the Comptroller General con14 siders appropriate. 

15 Subtitle B—Other Health Care 

16 Benefits 

17 SEC. 711. MENTAL HEALTH ASSESSMENTS FOR MEMBERS 

18 OF THE ARMED FORCES DEPLOYED IN CON19 NECTION WITH A CONTINGENCY OPERATION. 

20 (a) MENTAL HEALTH ASSESSMENTS.— 

21 (1) IN GENERAL.—Not later than 180 days 

22 after the date of the enactment of this Act, the Sec23 retary of Defense shall issue guidance for the provi24 sion of a person-to-person mental health assessment 

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1 ployed in connection with a contingency operation as 

2 follows: 

3 (A) At a time during the period beginning 

4 60 days before the date of deployment in con5 nection with the contingency operation. 

6 (B) At a time during the period beginning 

7 90 days after the date of redeployment from the 

8 contingency operation and ending 180 days 

9 after the date of redeployment from the contin10 gency operation. 

11 (C) Subject to subsection (d), not later 

12 than each of 6 months, 12 months, and 24 

13 months after return from deployment. 

14 (2) EXCLUSION OF CERTAIN MEMBERS.—A 

15 mental health assessment is not required for a mem16 ber of the Armed Forces under subparagraphs (B) 

17 and (C) of paragraph (1) if the Secretary determines 

18 that the member was not subjected or exposed to 

19 operational risk factors during deployment in the 

20 contingency operation concerned. 

21 (b) PURPOSE.—The purpose of the mental health as22 sessments provided pursuant to this section shall be to 

23 identify Post Traumatic Stress Disorder (PTSD), suicidal 

24 tendencies, and other behavioral health issues identified 

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1 section (a) in order to determine which such members are 

2 in need of additional care and treatment for such health 

3 issues. 

4 (c) ELEMENTS.— 

5 (1) IN GENERAL.—The mental health assess6 ments provided pursuant to this section shall— 

7 (A) be performed by personnel trained and 

8 certified to perform such assessments and may 

9 be performed by licensed mental health profes10 sionals if such professionals are available and 

11 the use of such professionals for the assess12 ments would not impair the capacity of such 

13 professionals to perform higher priority tasks; 

14 (B) include a person-to-person dialogue be15 tween members of the Armed Forces described 

16 in subsection (a) and the professionals or per17 sonnel described by paragraph (1), as applica18 ble, on such matters as the Secretary shall 

19 specify in order that the assessments achieve 

20 the purpose specified in subsection (b) for such 

21 assessments; 

22 (C) be conducted in a private setting to 

23 foster trust and openness in discussing sensitive 

24 health concerns; and 


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1 (D) be provided in a consistent manner 

2 across the military departments. 

3 (2) TREATMENT OF CURRENT ASSESSMENTS.— 

4 The Secretary may treat periodic health assessments 

5 and other person-to-person assessments that are 

6 provided to members of the Armed Forces as of the 

7 date of the enactment of this Act as meeting the re8 quirements for mental health assessments required 

9 under this section if the Secretary determines that 

10 such assessments and person-to-person assessments 

11 meet the requirements for mental health assess12 ments established by this section. 

13 (d) CESSATION OF ASSESSMENTS.—No mental 

14 health assessment is required to be provided to an indi15 vidual under subsection (a)(1)(C) after the individual’s 

16 discharge or release from the Armed Forces. 

17 (e) SHARING OF INFORMATION.— 

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

19 shall share with the Secretary of Veterans Affairs 

20 such information on members of the Armed Forces 

21 that is derived from confidential mental health as22 sessments, including mental health assessments pro23 vided pursuant to this section and health assess24 ments and other person-to-person assessments pro25 vided before the date of the enactment of this Act, 


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1 as the Secretary of Defense and the Secretary of 

2 Veterans Affairs jointly consider appropriate to en3 sure continuity of mental health care and treatment 

4 of members of the Armed Forces during their transi5 tion from health care and treatment provided by the 

6 Department of Defense to health care and treatment 

7 provided by the Department of Veterans Affairs. 

8 (2) PROTOCOLS.—Any sharing of information 

9 under paragraph (1) shall occur pursuant to a pro10 tocol jointly established by the Secretary of Defense 

11 and the Secretary of Veterans Affairs for purposes 

12 of this subsection. Any such protocol shall be con13 sistent with the following: 

14 (A) Applicable provisions of the Wounded 

15 Warrior Act (title XVI of Public Law 110–181; 

16 10 U.S.C. 1071 note), including in particular, 

17 section 1614 of that Act (122 Stat. 443; 10 

18 U.S.C. 1071 note). 

19 (B) Section 1720F of title 38, United 

20 States Code. 

21 (f) CONTINGENCY OPERATION DEFINED.—In this 

22 section, the term ‘‘contingency operation’’ has the mean23 ing given that term in section 101(a)(13) of title 10, 

24 United States Code. 

25 (g) REPORTS.— 


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1 (1) REPORT ON GUIDANCE.—Upon the issuance 

2 of the guidance required by subsection (a), the Sec3 retary of Defense shall submit to Congress a report 

4 describing the guidance. 

5 (2) REPORTS ON IMPLEMENTATION OF GUID6 ANCE.— 

7 (A) INITIAL REPORT.—Not later than 270 

8 days after the date of the issuance of the guid9 ance, the Secretary shall submit to Congress an 

10 initial report on the implementation of the guid11 ance by the military departments. 

12 (B) SUBSEQUENT REPORT.—Not later 

13 than two years after the date of the issuance of 

14 the guidance, the Secretary shall submit to 

15 Congress a report on the implementation of the 

16 guidance by the military departments. The re17 port shall include an evidence based assessment 

18 of the effectiveness of the mental health assess19 ments provided pursuant to the guidance in 

20 achieving the purpose specified in subsection (b) 

21 for such assessments. 


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1 SEC. 712. ENHANCEMENT OF TRANSITIONAL DENTAL CARE 

2 FOR MEMBERS OF THE RESERVE COMPO3 NENTS ON ACTIVE DUTY FOR MORE THAN 30 

4 DAYS IN SUPPORT OF A CONTINGENCY OPER5 ATION. 

6 Section 1145(a) of title 10, United States Code, is 

7 amended— 

8 (1) in paragraph (1)— 

9 (A) in the matter preceding subparagraph 

10 (A), by striking ‘‘paragraph (3)’’ and inserting 

11 ‘‘paragraph (4)’’; and 

12 (B) in subparagraph (A), by inserting ‘‘ex13 cept as provided in paragraph (3),’’ before 

14 ‘‘medical and dental care’’; 

15 (2) by redesignating paragraphs (3), (4), (5), 

16 and (6) as paragraphs (4), (5), (6), and (7), respec17 tively; 

18 (3) by inserting after paragraph (2) the fol19 lowing new paragraph (3): 

20 ‘‘(3) In the case of a member described in paragraph 

21 (2)(B), the dental care to which the member is entitled 

22 under this subsection shall be the dental care to which 

23 a member of the uniformed services on active duty for 

24 more than 30 days is entitled under section 1074 of this 

25 title.’’; and 


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1 (4) in subparagraph (A) of paragraph (6), as 

2 redesignated by paragraph (2) of this section, by 

3 striking ‘‘paragraph (4)’’ and inserting ‘‘paragraph 

4 (5)’’. 

5 Subtitle C—Health Care 

6 Administration 

7 SEC. 721. COMPREHENSIVE POLICY ON PAIN MANAGEMENT 

8 BY THE MILITARY HEALTH CARE SYSTEM. 

9 (a) COMPREHENSIVE POLICY REQUIRED.—Not later 

10 than October 1, 2010, the Secretary of Defense shall de11 velop and implement a comprehensive policy on pain man12 agement by the military health care system. 

13 (b) SCOPE OF POLICY.—The policy required by sub14 section (a) shall cover each of the following: 

15 (1) The management of acute and chronic pain. 

16 (2) The standard of care for pain management 

17 to be used throughout the Department. 

18 (3) The consistent application of pain assess19 ments throughout the Department. 

20 (4) The assurance of prompt and appropriate 

21 pain care treatment and management by the Depart22 ment when medically necessary. 

23 (5) Programs of research related to acute and 

24 chronic pain, including pain attributable to central 

25 and peripheral nervous system damage characteristic 


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1 of injuries incurred in modern warfare, brain inju2 ries, and chronic migraine headache. 

3 (6) Programs of pain care education and train4 ing for health care personnel of the Department. 

5 (7) Programs of patient education for members 

6 suffering from acute or chronic pain and their fami7 lies. 

8 (c) UPDATES.—The Secretary shall revise the policy 

9 required by subsection (a) on a periodic basis in accord10 ance with experience and evolving best practice guidelines. 

11 (d) ANNUAL REPORT.— 

12 (1) IN GENERAL.—Not later than 180 days 

13 after the date of the commencement of the imple14 mentation of the policy required by subsection (a), 

15 and on October 1 each year thereafter through 

16 2018, the Secretary shall submit to the Committee 

17 on Armed Services of the Senate and the Committee 

18 on Armed Services of the House of Representatives 

19 a report on the policy. 

20 (2) ELEMENTS.—Each report required by para21 graph (1) shall include the following: 

22 (A) A description of the policy imple23 mented under subsection (a), and any revisions 

24 to such policy under subsection (c). 


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1 (B) A description of the performance 

2 measures used to determine the effectiveness of 

3 the policy in improving pain care for bene4 ficiaries enrolled in the military health care sys5 tem. 

6 (C) An assessment of the adequacy of De7 partment pain management services based on a 

8 current survey of patients managed in Depart9 ment clinics. 

10 (D) An assessment of the research projects 

11 of the Department relevant to the treatment of 

12 the types of acute and chronic pain suffered by 

13 members of the Armed Forces and their fami14 lies. 

15 (E) An assessment of the training provided 

16 to Department health care personnel with re17 spect to the diagnosis, treatment, and manage18 ment of acute and chronic pain. 

19 (F) An assessment of the pain care edu20 cation programs of the Department. 

21 (G) An assessment of the dissemination of 

22 information on pain management to bene23 ficiaries enrolled in the military health care sys24 tem. 


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1 SEC. 722. PLAN TO INCREASE THE BEHAVIORAL HEALTH 

2 CAPABILITIES OF THE DEPARTMENT OF DE3 FENSE. 

4 (a) PLAN REQUIRED.— 

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

6 shall develop and implement a plan to significantly 

7 increase the number of military and civilian behav8 ioral health personnel of the Department of Defense 

9 by September 30, 2013. 

10 (2) ELEMENTS.—The plan required by para11 graph (1) may include the following: 

12 (A) The allocation of scholarships and fi13 nancial assistance under the Health Professions 

14 Scholarship and Financial Assistance Program 

15 under subchapter I of chapter 105 of title 10, 

16 United States Code, to students pursuing ad17 vanced degrees in clinical psychology and other 

18 behavioral health professions. 

19 (B) The offering of accession and retention 

20 bonuses for psychologists as authorized by sec21 tion 620 of the Duncan Hunter National De22 fense Authorization Act for Fiscal Year 2009 

23 (Public Law 110–417; 122 Stat. 4489). 

24 (C) An expansion of the capacity for train25 ing doctoral-level clinical psychologists at the 


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1 Uniformed Services University of the Health 

2 Sciences. 

3 (D) An expansion of the capacity of the 

4 Department of Defense for training masters5 level clinical psychologists and social workers 

6 with expertise in deployment-related mental 

7 health disorders, such as post traumatic stress 

8 disorder. 

9 (E) The detail of commissioned officers of 

10 the Armed Forces to accredited schools of psy11 chology for training leading to a doctoral degree 

12 in clinical psychology or social work. 

13 (F) The reassignment of military behav14 ioral health providers from administrative posi15 tions to clinical positions in support of military 

16 units. 

17 (G) The offering of civilian hiring incen18 tives and bonuses and the utilization of direct 

19 hiring authority to increase the number of be20 havioral health personnel of the Department of 

21 Defense. 

22 (H) Such other mechanisms to increase the 

23 number of behavioral health personnel of the 

24 Department of Defense as the Secretary con25 siders appropriate. 


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1 (3) REPORT.—Not later than January 31, 

2 2010, the Secretary shall submit to the congres3 sional defense committees a report on the plan re4 quired by paragraph (1). The report shall include a 

5 comprehensive description of the plan and the ac6 tions the Secretary proposes to undertake in the im7 plementation of the plan. 

8 (b) REPORT ON ADDITIONAL OFFICER OR ENLISTED

9 MILITARY SPECIALTIES FOR BEHAVIORAL HEALTH

10 COUNSELORS.— 

11 (1) REPORT.—Not later than 120 days after 

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

13 shall submit to the congressional defense committees 

14 a report setting forth the assessment of the Sec15 retary of the feasability and advisability of estab16 lishing one or more military specialities for officers 

17 or enlisted members of the Armed Forces as coun18 selors with behavioral health expertise in order to 

19 better meet the mental health care needs of mem20 bers of the Armed Forces and their families. 

21 (2) ELEMENTS.—The report required by para22 graph (1) shall set forth the following: 

23 (A) A recommendation as to the feasability 

24 and advisability of establishing one or more 

25 military specialities for officers or enlisted 


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1 members of the Armed Forces as counselors 

2 with behavioral health expertise. 

3 (B) For each military specialty rec4 ommended to be established under subpara5 graph (A)— 

6 (i) a description of the qualifications 

7 required for such speciality, which quali8 fications shall reflect lessons learned from 

9 best practices in academia and the civilian 

10 health care industry regarding positions 

11 analogous to such specialty; and 

12 (ii) a description of the incentives or 

13 other mechanisms, if any, that would be 

14 advisable to facilitate recruitment and re15 tention of individuals to and in such spe16 cialty. 

17 SEC. 723. DEPARTMENT OF DEFENSE STUDY ON MANAGE18 MENT OF MEDICATIONS FOR PHYSICALLY 

19 AND PSYCHOLOGICALLY WOUNDED MEM20 BERS OF THE ARMED FORCES. 

21 (a) STUDY REQUIRED.—The Secretary of Defense 

22 shall conduct a study on the management of medications 

23 for physically and psychologically wounded members of the 

24 Armed Forces. 


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1 (b) ELEMENTS.—The study required under sub2 section (a) shall include the following: 

3 (1) A review and assessment of current prac4 tices within the Department of Defense for the man5 agement of medications for physically and psycho6 logically wounded members of the Armed Forces. 

7 (2) A review and analysis of the published lit8 erature on factors contributing to the risk of 

9 misadministration of medications, including acci10 dental and intentional overdoses, under and over 

11 medication, and adverse interactions among medica12 tions. 

13 (3) An identification of the medical conditions, 

14 and of the patient management procedures of the 

15 Department of Defense, that may increase the risks 

16 of misadministration of medications in populations 

17 of members of the Armed Forces. 

18 (4) An assessment of current and best practices 

19 in the Armed Forces, other departments and agen20 cies of government, and the private sector con21 cerning the prescription, distribution, and manage22 ment of medications, and the associated coordination 

23 of care. 

24 (5) An identification of means for decreasing 

25 the risks of misadministration of medications and 


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1 associated problems with respect to physically and 

2 psychologically wounded members of the Armed 

3 Forces. 

4 (c) REPORT.—Not later than April 1, 2010, the Sec5 retary of Defense shall submit to the Committees on 

6 Armed Services of the Senate and the House of Represent7 atives a report on the study required under subsection (a). 

8 The report shall include such findings and recommenda9 tions as the Secretary considers appropriate in light of the 

10 study. 

11 Subtitle D—Wounded Warrior 

12 Matters 

13 SEC. 731. REPORT ON COGNITIVE REHABILITATION FOR 

14 MEMBERS OF THE ARMED FORCES WITH 

15 TRAUMATIC BRAIN INJURY. 

16 The Secretary of Defense shall submit to the Com17 mittees on Armed Services of the Senate and the House 

18 of Representatives a report setting forth the evidence to 

19 be required from a long term, integrated study on treat20 ment strategies for cognitive rehabilitation for members 

21 of the Armed Forces who have sustained a Traumatic 

22 Brain Injury (TBI) in order to permit the Department 

23 of Defense to determine how receipt of cognitive rehabili24 tation by such members for Traumatic Brain Injury could 

25 be reimbursed as a health care benefit. 


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1 SEC. 732. DEPARTMENT OF DEFENSE TASK FORCE ON THE 

2 CARE, MANAGEMENT, AND TRANSITION OF 

3 RECOVERING WOUNDED, ILL, AND INJURED 

4 MEMBERS OF THE ARMED FORCES. 

5 (a) ESTABLISHMENT.— 

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

7 shall establish within the Department of Defense a 

8 task force to be known as the ‘‘Department of De9 fense Task Force on the Care, Management, and 

10 Transition of Recovering Wounded, Ill, and Injured 

11 Members of the Armed Forces’’ (in this section re12 ferred to as the ‘‘Task Force’’). 

13 (2) PURPOSE.—The purpose of the Task Force 

14 shall be to assess the effectiveness of the policies and 

15 programs developed and implemented by the Depart16 ment of Defense, and by each of the military depart17 ments, to assist and support the care, management, 

18 and transition of recovering wounded, ill, and in19 jured members of the Armed Forces, and to make 

20 recommendations for the further improvement of 

21 such policies and programs. 

22 (b) COMPOSITION.— 

23 (1) MEMBERS.—The Task Force shall consist 

24 of not more than 14 members, appointed by the Sec25 retary of Defense from among the individuals as de26 scribed in paragraph (2). 


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1 (2) COVERED INDIVIDUALS.—The individuals 

2 appointed to the Task Force shall include the fol3 lowing: 

4 (A) At least one member of each of the 

5 regular components of the Army, the Navy, the 

6 Air Force, and the Marine Corps. 

7 (B) One member of the National Guard. 

8 (C) One member of a reserve component of 

9 the Armed Forces other than National Guard. 

10 (D) A number of persons from outside the 

11 Department of Defense equal to the total num12 ber of personnel from within the Department of 

13 Defense (whether members of the Armed 

14 Forces or civilian personnel) who are appointed 

15 to the Task Force. 

16 (E) Persons who have experience in— 

17 (i) medical care and coordination for 

18 wounded, ill, and injured members of the 

19 Armed Forces; 

20 (ii) medical case management; 

21 (iii) non-medical case management; 

22 (iv) the disability evaluation process 

23 for members of the Armed Forces; 

24 (v) veterans benefits; 


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1 (vi) treatment of traumatic brain in2 jury and post traumatic stress disorder; 

3 (vii) family support; 

4 (viii) medical research; 

5 (ix) vocational rehabilitation; or 

6 (x) disability benefits. 

7 (F) At least one family member of a 

8 wounded, ill, or injured member of the Armed 

9 Forces or veteran who has experience working 

10 with wounded, ill, and injured members of the 

11 Armed Forces or their families. 

12 (3) INDIVIDUALS APPOINTED FROM WITHIN DE13 PARTMENT OF DEFENSE.—At least one of the indi14 viduals appointed to the Task Force from within the 

15 Department of Defense shall be the surgeon general 

16 of an Armed Force. 

17 (4) INDIVIDUALS APPOINTED FROM OUTSIDE

18 DEPARTMENT OF DEFENSE.—The individuals ap19 pointed to the Task Force from outside the Depart20 ment of Defense— 

21 (A) with the concurrence of the Secretary 

22 of Veterans Affairs, shall include an officer or 

23 employee of the Department of Veterans Af24 fairs; and 


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1 (B) may include individuals from other de2 partments or agencies of the Federal Govern3 ment, from State and local agencies, or from 

4 the private sector. 

5 (5) DEADLINE FOR APPOINTMENTS.—All origi6 nal appointments to the Task Force shall be made 

7 not later than 120 days after the date of the enact8 ment of this Act. 

9 (6) CO-CHAIRS.—There shall be two co-chairs 

10 of the Task Force. One of the co-chairs shall be des11 ignated by the Secretary of Defense at the time of 

12 appointment from among the individuals appointed 

13 to the Task Force from within the Department of 

14 Defense. The other co-chair shall be selected from 

15 among the individuals appointed from outside the 

16 Department of Defense by those individuals. 

17 (c) REPORT REQUIRED.— 

18 (1) IN GENERAL.—Not later than 12 months 

19 after the date on which all members of the Task 

20 Force have been appointed, the Task Force shall 

21 submit to the Secretary of Defense a report. The re22 port shall include the following: 

23 (A) The findings and conclusions of the 

24 Task Force as a result of its assessment of the 

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1 oped and implemented by the Department of 

2 Defense, and by each of the military depart3 ments, to assist and support the care, manage4 ment, and transition of recovering wounded, ill, 

5 and injured members of the Armed Forces. 

6 (B) A description of various ways in which 

7 the Department of Defense and the military de8 partments could more effectively address mat9 ters relating to the care, management, and 

10 transition of recovering wounded, ill, and in11 jured members of the Armed Forces, including 

12 members of the regular components, and mem13 bers of the reserve components, and support for 

14 their families. 

15 (C) Such recommendations for other legis16 lative or administrative action as the Task 

17 Force considers appropriate for measures to im18 prove the policies and programs described in 

19 subparagraph (A). 

20 (2) METHODOLOGY.—For purposes of the re21 port, the Task Force— 

22 (A) shall conduct site visits and interviews 

23 as the Task Force considers appropriate; 

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1 tions of the care, management, and transition 

2 of recovering wounded, ill, and injured members 

3 of the Armed Forces; and 

4 (C) may utilize such other means for di5 rectly obtaining information relating to the 

6 care, management, and transition of recovering 

7 wounded, ill, and injured members of the 

8 Armed Forces as the Task Force considers ap9 propriate. 

10 (3) MATTERS TO BE REVIEWED AND AS11 SESSED.—For purposes of the report, the Task 

12 Force shall review and assess the following: 

13 (A) Case management, including the num14 bers and types of case managers (including 

15 Federal Recovery Coordinators, Recovery Care 

16 Coordinators, National Guard or Reserve case 

17 managers, and other case managers) assigned 

18 to recovering wounded, ill, and injured members 

19 of the Armed Forces, the training provided 

20 such case mangers, and the effectiveness of 

21 such case mangers in providing care and sup22 port to recovering wounded, ill, and injured 

23 members of the Armed Forces. 

24 (B) The effectiveness of the Interagency 

25 Program Office in achieving fully interoperable 


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1 electronic health records by September 30, 

2 2009, in accordance with section 1635 of the 

3 Wounded Warrior Act (10 U.S.C. 1071 note). 

4 (C) Staffing of Army Warrior Transition 

5 Units, Marine Corps Wounded Warrior Regi6 ments, Navy and Air Force Medical Hold or 

7 Medical Holdover Units, and other service-re8 lated programs or units for recovering wounded, 

9 ill, and injured members of the Armed Forces, 

10 including the use of applicable hiring authori11 ties to ensure the proper staffing of such pro12 grams and units. 

13 (D) The legal support available to recov14 ering wounded, ill, and injured members of the 

15 Armed Forces and their families. 

16 (E) The support and assistance provided 

17 to recovering wounded, ill, and injured members 

18 of the Armed Forces as they progress through 

19 the military disability evaluation system. 

20 (F) The effectiveness of any measures 

21 under pilot programs to improve or enhance the 

22 military disability evaluation system. 

23 (G) The effectiveness of the Senior Over24 sight Committee in facilitating and overseeing 

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1 fense and the Department of Veterans Affairs 

2 on matters relating to the care, management, 

3 and transition of recovering wounded, ill, and 

4 injured members of the Armed Forces. 

5 (H) The establishment and effectiveness of 

6 the Defense Centers of Excellence for Psycho7 logical Health and Traumatic Brain Injury, and 

8 the centers of excellence for military eye inju9 ries, hearing loss and auditory system injuries, 

10 and traumatic extremity injuries and amputa11 tions. 

12 (I) The establishment and effectiveness of 

13 performance and accountability standards for 

14 warrior transition units and programs. 

15 (J) The support available to family care16 givers of recovering wounded, ill, and injured 

17 members of the Armed Forces. 

18 (K) The availability of vocational training 

19 for recovering wounded, ill, and injured mem20 bers of the Armed Forces seeking to transition 

21 to civilian life. 

22 (L) The availability of services for trau23 matic brain injury and post traumatic stress 

24 disorder. 


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1 (M) The support systems in place to ease 

2 the transition of recovering wounded, ill, and 

3 injured members of the Armed Forces from the 

4 Department of Defense to the Department of 

5 Veterans Affairs. 

6 (N) The effectiveness of wounded warrior 

7 information resources, including the Wounded 

8 Warrior Resource Center, the National Re9 source Directory, Military OneSource, Family 

10 Assistance Centers, and Service hotlines, in pro11 viding meaningful information for recovering 

12 wounded, ill, and injured members of the 

13 Armed Forces. 

14 (O) Interagency matters affecting recov15 ering wounded, ill, and injured members of the 

16 Armed Forces in their transition to civilian life. 

17 (P) Overall coordination between the De18 partment of Defense and the Department of 

19 Veterans Affairs on the matters specified in this 

20 paragraph. 

21 (Q) Such other matters as the Task Force 

22 considers appropriate in connection with the 

23 care, management, and transition of recovering 

24 wounded, ill, and injured members of the 

25 Armed Forces. 


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1 (4) TRANSMITTAL.—Not later than 90 days 

2 after receipt of the report required by paragraph (1) 

3 the Secretary of Defense shall transmit the report, 

4 together with the Secretary’s evaluation of the re5 port, to the Committees on Armed Services of the 

6 Senate and the House of Representatives. 

7 (d) PLAN REQUIRED.—Not later than six months 

8 after the receipt under subsection (c) of the report of the 

9 Task Force under that subsection, the Secretary of De10 fense shall, in consultation with the Secretaries of the mili11 tary departments, submit to the Committees on Armed 

12 Services of the Senate and the House of Representatives 

13 a plan to implement the recommendations of the Task 

14 Force as included in the report of the Task Force under 

15 subsection (c). 

16 (e) ADMINISTRATIVE MATTERS.— 

17 (1) COMPENSATION.—Each member of the 

18 Task Force who is a member of the Armed Forces 

19 or a civilian officer or employee of the United States 

20 shall serve on the Task Force without compensation 

21 (other than compensation to which entitled as a 

22 member of the Armed Forces or an officer or em23 ployee of the United States, as the case may be). 

24 Other members of the Task Force shall be appointed 


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1 in accordance with, and subject to, the provisions of 

2 section 3161 of title 5, United States Code. 

3 (2) OVERSIGHT.—The Under Secretary of De4 fense for Personnel and Readiness shall oversee the 

5 Task Force. The Washington Headquarters Services 

6 of the Department of Defense shall provide the Task 

7 Force with personnel, facilities, and other adminis8 trative support as necessary for the performance of 

9 the duties of the Task Force. 

10 (3) VISITS TO MILITARY FACILITIES.—Any visit 

11 by the Task Force to a military installation or facil12 ity shall be undertaken through the Deputy Under 

13 Secretary of Defense for Personnel and Readiness, 

14 in coordination with the Secretaries of the military 

15 departments. 

16 (f) TERMINATION.—The Task Force shall terminate 

17 90 days after the date on which the Task Force submits 

18 to the Secretary of Defense the report of the Task Force 

19 under subsection (c). 


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1 TITLE VIII—ACQUISITION POL2 ICY, ACQUISITION MANAGE3 MENT, AND RELATED MAT4 TERS 

5 Subtitle A—Amendments to Gen6 eral Contracting Authorities, 

7 Procedures, and Limitations 

8 SEC. 801. CONTRACT AUTHORITY FOR ADVANCED DEVEL9 OPMENT OF PROTOTYPE UNITS. 

10 (a) CONTRACT AUTHORITY.— 

11 (1) IN GENERAL.—Chapter 139 of title 10, 

12 United States Code, is amended by inserting after 

13 section 2359b the following new section: 

14 ‘‘§ 2359c. Contract authority for advanced develop15 ment of prototype units 

16 ‘‘(a) AUTHORITY.—A contract initially awarded from 

17 the competitive selection of a proposal resulting from a 

18 broad agency announcement pursuant to section 

19 2302(2)(B) of this title may contain a contract line item 

20 or an option, including not-to-exceed prices, for either of 

21 the following: 

22 ‘‘(1) The delivery of a specified number of pro23 totype items to demonstrate technology developed 

24 under the contract. 


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1 ‘‘(2) The provision, for a specified period of 

2 time, of advanced component development effort or 

3 effort to prototype technology developed under the 

4 contract. 

5 ‘‘(b) LIMITATIONS.—(1) The number of prototype 

6 items specified pursuant to subsection (a)(1) may not ex7 ceed the minimum number required to ensure that re8 search and development work can continue without inter9 ruption during the solicitation and award of a follow-on 

10 competitive contract. 

11 ‘‘(2) The period of time specified under subsection 

12 (a)(2) may not exceed 12 months. 

13 ‘‘(3) The dollar value of the work to be performed 

14 pursuant to a contract line item or option under sub15 section (a) may not exceed the lesser of the amounts as 

16 follows: 

17 ‘‘(A) The amount that is three times the dollar 

18 value of the work previously performed under the 

19 contract. 

20 ‘‘(B) $20,000,000.’’. 

21 (2) CLERICAL AMENDMENT.—The table of sec22 tions at the beginning of chapter 139 of such title 

23 is amended by inserting after the item relating to 

24 section 2359b the following new item: 

‘‘2359c. Contract authority for advanced development of prototype units.’’. 

25 (b) SUNSET.— 


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1 (1) IN GENERAL.—Effective on the date that is 

2 five years after the date of the enactment of this 

3 Act— 

4 (A) section 2359c of title 10, United 

5 States Code (as added by subsection (a)), is re6 pealed; and 

7 (B) the table of sections at the beginning 

8 of chapter 139 of such title (as amended by 

9 subsection (a)) is further amended by striking 

10 the item relating to section 2359c. 

11 (2) CONTINUATION OF LINE ITEMS AND OP12 TIONS.—The repeal of section 2359c of title 10, 

13 United States Code (as so added), by paragraph (1) 

14 shall not affect the authority of the Department of 

15 Defense to exercise any contract line item or option 

16 included in a contract under the authority of such 

17 section before the effective date of the repeal of such 

18 section under paragraph (1). 

19 (c) REPORT.—Not later than three years after the 

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

21 shall submit to the congressional defense committees a re22 port on the use of the authority provided by section 2359c 

23 of title 10, United States Code (as added by subsection 

24 (a)). The report shall, at a minimum— 


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1 (1) identify the number of times the authority 

2 in section 2359c of title 10, United States Code (as 

3 so added), has been used by each military depart4 ment and Defense Agency, and the dollar amount of 

5 contract line items or options exercised pursuant to 

6 such authority; 

7 (2) assess the effectiveness of the authority in 

8 promoting the maturation of technologies and in ad9 dressing potential gaps between science and tech10 nology projects and acquisition programs; 

11 (3) assess any potential anti-competitive im12 pacts resulting from the use of the authority; and 

13 (4) make such recommendations as the Sec14 retary considers appropriate. 

15 SEC. 802. JUSTIFICATION AND APPROVAL OF SOLE-SOURCE 

16 CONTRACTS. 

17 (a) IN GENERAL.—Not later than 180 days after the 

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

19 shall modify the Department of Defense Supplement to 

20 the Federal Acquisition Regulation to provide that the 

21 head of an agency may not award a sole-source contract 

22 for an amount exceeding $20,000,000 unless— 

23 (1) the contracting officer for the contract justi24 fies the use of a sole-source contract in writing; and 


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1 (2) the justification is approved by an official 

2 designated in section 2304(f)(1)(B) of title 10, 

3 United States Code, to approve contract awards for 

4 dollar amounts that are comparable to the amount 

5 of the sole-source contract. 

6 (b) ELEMENTS OF JUSTIFICATION.—The justifica7 tion of a sole-source contract required pursuant to sub8 section (a) shall include the following: 

9 (1) A description of the needs of the agency 

10 concerned for the matters covered by the contract. 

11 (2) A specification of the statutory provision 

12 providing the exception from the requirement to use 

13 competitive procedures in entering into the contract. 

14 (3) A determination that the use of a sole15 source contract is in the best interest of the Depart16 ment of Defense. 

17 (4) A determination that the anticipated cost of 

18 the contract will be fair and reasonable. 

19 (5) Such other matters as the Secretary shall 

20 specify for purposes of this section. 

21 (c) CONSTRUCTION WITH COMPETITION IN CON22 TRACTING ACT REQUIREMENTS.—In the case of any con23 tract for which a justification and approval is required 

24 under section 2304(f) of title 10, United States Code, a 

25 justification and approval meeting the requirements of 


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1 such section may be treated as meeting the requirements 

2 of this section for purposes of the award of a sole-source 

3 contract. 

4 Subtitle B—Acquisition Policy and 

5 Management 

6 SEC. 811. REPORTING REQUIREMENTS FOR PROGRAMS 

7 THAT QUALIFY AS BOTH MAJOR AUTOMATED 

8 INFORMATION SYSTEM PROGRAMS AND 

9 MAJOR DEFENSE ACQUISITION PROGRAMS. 

10 (a) IN GENERAL.—Section 2445d of title 10, United 

11 States Code, is amended by striking ‘‘of this title’’ and 

12 all that follows and inserting ‘‘of this title, the Secretary 

13 may designate the program to be treated only as a major 

14 automated information system program covered by this 

15 chapter or to be treated only as a major defense acquisi16 tion program covered by such chapter 144.’’. 

17 (b) GUIDANCE REQUIRED.—Not later than 180 days 

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

19 of Defense shall issue guidance on the implementation of 

20 section 2445d of title 10, United States Code (as amended 

21 by subsection (a)). The guidance shall provide that, as a 

22 general rule— 

23 (1) a program covered by such section that re24 quires the development of customized hardware shall 

25 be treated only as a major defense acquisition proVerDate Nov 24 2008 23:21 Jul 02, 2009 Jkt 059200 PO 00000 Frm 00241 Fmt 6652 Sfmt 6201 E:\BILLS\S1391.PCS S1391

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1 gram under chapter 144 of title 10, United States 

2 Code; and 

3 (2) a program covered by such section that does 

4 not require the development of customized hardware 

5 shall be treated only as a major automated informa6 tion system program under chapter 144A of title 10, 

7 United States Code. 

8 SEC. 812. FUNDING OF DEPARTMENT OF DEFENSE ACQUISI9 TION WORKFORCE DEVELOPMENT FUND. 

10 (a) ADDITIONAL ELEMENT OF FUND.—Subsection 

11 (d) of section 1705 of title 10, United States Code, is 

12 amended— 

13 (1) in paragraph (1)— 

14 (A) by redesignating subparagraph (B) as 

15 subparagraph (C); and 

16 (B) by inserting after subparagraph (A) 

17 the following new subparagraph (B): 

18 ‘‘(B) Amounts transferred to the Fund 

19 pursuant to paragraph (3).’’; and 

20 (2) by adding at the end the following new 

21 paragraph: 

22 ‘‘(3) TRANSFER OF CERTAIN UNOBLIGATED

23 BALANCES.—To the extent provided in appropria24 tions Acts, the Secretary of Defense may, during the 

25 24-month period following the expiration of availVerDate Nov 24 2008 23:21 Jul 02, 2009 Jkt 059200 PO 00000 Frm 00242 Fmt 6652 Sfmt 6201 E:\BILLS\S1391.PCS S1391

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1 ability for obligation of any appropriations made to 

2 the Department of Defense for procurement, re3 search, development, test, and evaluation, or oper4 ation and maintenance, transfer to the Fund any 

5 unobligated balance of such appropriations. Any 

6 amount so transferred shall be credited to the 

7 Fund.’’. 

8 (b) NATURE OF EXPENDED AMOUNTS PROVIDING

9 BASIS FOR CREDIT TO FUND.—Subparagraph (A) of 

10 paragraph (2) of such subsection is amended by striking 

11 ‘‘, other than’’ and all that follows and inserting ‘‘from 

12 amounts available for operation and maintenance.’’. 

13 (c) REMITTANCES.—Subparagraph (B) of paragraph 

14 (2) of such subsection is amended by inserting ‘‘, from 

15 amounts available to such military department or Defense 

16 Agency, as the case may be, for operation and mainte17 nance,’’ after ‘‘remit to the Secretary of Defense’’. 

18 (d) ADDITIONAL MATTERS RELATING TO REMIT19 TANCES.—Such subsection is further amended— 

20 (1) in paragraph (2)(B), by striking ‘‘Not later 

21 than’’ and inserting ‘‘Subject to paragraph (4), not 

22 later than’’; and 

23 (2) by adding at the end the following new 

24 paragraph: 


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1 ‘‘(4) ADDITIONAL REQUIREMENTS AND LIMITA2 TIONS ON REMITTANCES.—(A) In the event amounts 

3 are transferred to the Fund during a fiscal year pur4 suant to paragraph (1)(B) or appropriated to the 

5 Fund for a fiscal year pursuant to paragraph (1)(C), 

6 the aggregate amount otherwise required to be re7 mitted to the Fund for that fiscal year pursuant to 

8 paragraph (2)(B) shall be reduced by the amount 

9 equal to the amounts so transferred or appropriated 

10 to the Fund during or for that fiscal year. Any re11 duction in the aggregate amount required to be re12 mitted to the Fund for a fiscal year under this sub13 paragraph shall be allocated as provided in applica14 ble provisions of appropriations Acts or, absent such 

15 provisions, on a pro rata basis among the military 

16 departments and Defense Agencies required to make 

17 remittances to the Fund for that fiscal year under 

18 paragraph (2)(B). 

19 ‘‘(B) Any remittance of amounts to the Fund 

20 for a fiscal year under paragraph (2) shall be sub21 ject to the availability of appropriations for that pur22 pose.’’. 

23 (e) REMITTANCE AMOUNTS.—Paragraph (2) of such 

24 subsection is further amended by striking subparagraphs 


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1 (C) and (D) and inserting the following new subpara2 graphs: 

3 ‘‘(C) For purposes of this paragraph, the appli4 cable percentage for a fiscal year is the percentage 

5 that results in the credit to the Fund in such fiscal 

6 year of an amount as follows: 

7 ‘‘(i) For fiscal year 2010, $570,000,000. 

8 ‘‘(ii) For fiscal year 2011, $770,000,000. 

9 ‘‘(iii) For fiscal year 2012, $900,000,000. 

10 ‘‘(iv) For fiscal year 2013, 

11 $1,180,000,000. 

12 ‘‘(v) For fiscal year 2014, $1,330,000,000. 

13 ‘‘(vi) For fiscal year 2015, 

14 $1,470,000,000. 

15 ‘‘(D) The Secretary of Defense may reduce a 

16 percentage specified in subparagraph (C) for a fiscal 

17 year if the Secretary determines that the application 

18 of such percentage would result in the crediting to 

19 the Fund in such fiscal year of an amount greater 

20 than is reasonably needed for purposes of the Fund. 

21 The percentage for a fiscal year, as so reduced, may 

22 not be a percentage that will result in the credit to 

23 the Fund in such fiscal year of an amount that is 

24 less than 80 percent of the amount otherwise speci25 fied in subparagraph (C) for such fiscal year.’’. 


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1 (f) CLARIFICATION OF LIMITATION ON PAY OF BASE

2 SALARY OF CURRENT EMPLOYEES.—Subsection (e)(5) of 

3 such section is amended by striking ‘‘as of the date of 

4 the enactment of the National Defense Authorization Act 

5 for Fiscal Year 2008’’ and inserting ‘‘serving in a position 

6 in the acquisition workforce as of January 28, 2008’’. 

7 (g) TECHNICAL AMENDMENTS.— 

8 (1) Subsection (a) of such section is amended 

9 by inserting ‘‘Development’’ after ‘‘Workforce’’. 

10 (2) Subsection (f) of such section is amended in 

11 the matter preceding paragraph (1) by striking ‘‘be12 ginning with fiscal year 2008’’. 

13 (h) EFFECTIVE DATES.— 

14 (1) FUNDING AMENDMENTS.—The amendments 

15 made by subsections (a) through (e) shall take effect 

16 on October 1, 2009. 

17 (2) TECHNICAL AMENDMENTS.—The amend18 ments made by subsections (f) and (g) shall take ef19 fect on the date of the enactment of this Act. 

20 SEC. 813. ENHANCEMENT OF EXPEDITED HIRING AUTHOR21 ITY FOR DEFENSE ACQUISITION WORKFORCE 

22 POSITIONS. 

23 (a) IN GENERAL.—Paragraph (1) of section 1705(h) 

24 of title 10, United States Code, is amended— 


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1 (1) in subparagraph (A), by striking ‘‘acquisi2 tion positions within the Department of Defense as 

3 shortage category position’’ and inserting ‘‘acquisi4 tion workforce positions as positions for which there 

5 exists a shortage of candidates or there is a critical 

6 hiring need’’; and 

7 (2) in subparagraph (B), by striking ‘‘highly 

8 qualified’’ and inserting ‘‘appropriately qualified’’. 

9 (b) EXTENSION.—Paragraph (2) of such section is 

10 amended by striking ‘‘September 30, 2012’’ and inserting 

11 ‘‘September 30, 2015’’. 

12 (c) TECHNICAL AMENDMENT.—Paragraph (1) of 

13 such section is further amended by striking ‘‘United 

14 States Code,’’ in the matter preceding subparagraph (A). 

15 SEC. 814. TREATMENT OF NON-DEFENSE AGENCY PRO16 CUREMENTS UNDER JOINT PROGRAMS WITH 

17 THE DEPARTMENT OF DEFENSE UNDER LIMI18 TATIONS ON NON-DEFENSE AGENCY PRO19 CUREMENTS ON BEHALF OF THE DEPART20 MENT OF DEFENSE. 

21 Section 801(b) of the National Defense Authorization 

22 Act for Fiscal Year 2008 (10 U.S.C. 2304 note) is amend23 ed by adding at the end the following new paragraph: 

24 ‘‘(3) TREATMENT OF PROCUREMENTS UNDER

25 JOINT PROGRAMS.—For purposes of this subsection, 


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1 a contract entered by a non-defense agency for the 

2 performance of a joint program conducted to meet 

3 the needs of the Department of Defense and the 

4 non-defense agency shall not be considered a pro5 curement of property or services for the Department 

6 of Defense through a non-defense agency.’’. 

7 SEC. 815. COMPTROLLER GENERAL OF THE UNITED 

8 STATES REPORT ON TRAINING OF ACQUISI9 TION AND AUDIT PERSONNEL OF THE DE10 PARTMENT OF DEFENSE. 

11 (a) REPORT REQUIRED.—Not later than one year 

12 after the date of the enactment of this Act, the Comp13 troller General of the United States shall submit to the 

14 congressional defense committees a report setting forth an 

15 assessment of the efficacy of Department of Defense train16 ing for acquisition and audit personnel of the Department 

17 of Defense. 

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

19 (a) shall include, at a minimum, the following: 

20 (1) An assessment of the nature and efficacy of 

21 training (including training materials and methods) 

22 required for acquisition and audit personnel of the 

23 Department of Defense. 


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1 (2) An assessment of the timeliness and man2 ner in which the Department of Defense provides 

3 training for such personnel. 

4 (3) An assessment of the extent to which such 

5 training reaches appropriate acquisition personnel, 

6 including personnel outside the acquisition workforce 

7 who exercise significant acquisition responsibilities. 

8 (4) An assessment of the extent to which each 

9 of the Department of Defense and the Department 

10 of the Army have implemented the recommendations 

11 of the Commission on Army Acquisition and Pro12 gram Management in Expeditionary Operations re13 lating to training of acquisition personnel. 

14 (5) Such recommendations as the Comptroller 

15 General considers appropriate regarding training of 

16 acquisition and audit personnel of the Department 

17 of Defense, including recommendations regarding 

18 best practices and objectives for improved training of 

19 such acquisition and audit personnel. 

20 Subtitle C—Contractor Matters 

21 SEC. 821. AUTHORITY FOR GOVERNMENT SUPPORT CON22 TRACTORS TO HAVE ACCESS TO TECHNICAL 

23 DATA BELONGING TO PRIME CONTRACTORS. 

24 (a) AUTHORITY.— 


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1 (1) ACCESS TO TECHNICAL DATA.—Subsection 

2 (c) of section 2320 of title 10, United States Code, 

3 is amended— 

4 (A) in paragraph (1), by striking ‘‘or’’ at 

5 the end; 

6 (B) by redesignating paragraph (2) as 

7 paragraph (3); and 

8 (C) by inserting after paragraph (1) the 

9 following new paragraph (2): 

10 ‘‘(2) notwithstanding any limitation upon the li11 cense rights conveyed under subsection (a), allowing 

12 a covered Government support contractor access to 

13 and use of any technical data delivered under a con14 tract for the sole purpose of furnishing independent 

15 and impartial advice or technical assistance directly 

16 to the Government in support of the Government’s 

17 management and oversight of the program or effort 

18 to which such technical data relates; or’’. 

19 (2) COVERED GOVERNMENT SUPPORT CON20 TRACTOR DEFINED.—Such section is further amend21 ed by adding at the end the following new sub22 section: 

23 ‘‘(f) In this section, the term ‘covered Government 

24 support contractor’ means a contractor under a contract 

25 the primary purpose of which is to furnish independent 


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1 and impartial advice or technical assistance directly to the 

2 Government in support of the Government’s management 

3 and oversight of a program or effort (rather than to di4 rectly furnish an end item or service to accomplish a pro5 gram or effort), which contractor— 

6 ‘‘(1) is not affiliated with the prime contractor 

7 or a first-tier subcontractor on the program or ef8 fort, or with any direct competitor of such prime 

9 contractor or any such first-tier subcontractor in 

10 furnishing end items or services of the type devel11 oped or produced on the program or effort; and 

12 ‘‘(2) executes a contract with the Government 

13 agreeing to and acknowledging— 

14 ‘‘(A) that proprietary or nonpublic tech15 nical data furnished will be accessed and used 

16 only for the purposes stated in that contract; 

17 ‘‘(B) that a breach of that contract by the 

18 covered Government support contractor with re19 gard to a third party’s ownership or rights in 

20 such technical data may subject the covered 

21 Government support contractor— 

22 ‘‘(i) to criminal, civil, administrative, 

23 and contractual actions in law and equity 

24 for penalties, damages, and other appro25 priate remedies by the United States; and 


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1 ‘‘(ii) to civil actions for damages and 

2 other appropriate remedies by the con3 tractor or subcontractor whose technical 

4 data is affected by the breach; 

5 ‘‘(C) that such technical data provided to 

6 the covered Government support contractor 

7 under the authority of this section shall not be 

8 used by the covered Government support con9 tractor to compete against the third party for 

10 Government or non-Government contracts; and 

11 ‘‘(D) that any breach of the nondisclosure 

12 obligations under subparagraphs (A) through 

13 (C) may constitute a violation of section 1905 

14 of title 18.’’. 

15 (b) CRIMINAL PENALTY.—Section 1905 of title 18, 

16 United States Code, is amended by inserting ‘‘or being 

17 an officer, agent, or employee of a private sector organiza18 tion having a contractual nondisclosure agreement under 

19 the authority of section 2320(f)(2) of title 10,’’ after 

20 ‘‘Antitrust Civil Process Act (15 U.S.C. 1311-1314),’’. 

21 SEC. 822. EXTENSION AND ENHANCEMENT OF AUTHORI22 TIES ON THE COMMISSION ON WARTIME CON23 TRACTING IN IRAQ AND AFGHANISTAN. 

24 (a) DATE OF FINAL REPORT.—Subsection (d)(3) of 

25 section 841 of the National Defense Authorization Act for 


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1 Fiscal Year 2008 (Public Law 110–181; 122 Stat. 230) 

2 is amended by striking ‘‘two years’’ and inserting ‘‘three 

3 years’’. 

4 (b) ASSISTANCE FROM FEDERAL AGENCIES.—Such 

5 section is further amended— 

6 (1) by redesignating subsections (f) and (g) as 

7 subsections (g) and (h), respectively; and 

8 (2) by inserting after subsection (e) the fol9 lowing new subsection (f): 

10 ‘‘(f) ASSISTANCE FROM FEDERAL AGENCIES.— 

11 ‘‘(1) DEPARTMENT OF DEFENSE.—The Sec12 retary of Defense shall provide to the Commission 

13 administrative support for the performance of the 

14 Commission’s functions in carrying out the require15 ments of this section. 

16 ‘‘(2) TRAVEL AND LODGING IN COMBAT THEA17 TERS.—The administrative support provided the 

18 Commission under paragraph (1) shall include travel 

19 and lodging undertaken in combat theaters, which 

20 support shall be provided on a non-reimbursable 

21 basis. 

22 ‘‘(3) OTHER DEPARTMENTS AND AGENCIES.— 

23 In addition to the support required by paragraph 

24 (1), any department or agency of the Federal Gov25 ernment may provide to the Commission such servVerDate Nov 24 2008 23:21 Jul 02, 2009 Jkt 059200 PO 00000 Frm 00253 Fmt 6652 Sfmt 6201 E:\BILLS\S1391.PCS S1391

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1 ices, funds, facilities, staff, and other support serv2 ices for the performance of the Commission’s func3 tions as the head of such department or agency con4 siders advisable, or as may otherwise be authorized 

5 by law.’’. 

6 SEC. 823. PROHIBITION ON INTERROGATION OF DETAIN7 EES BY CONTRACTOR PERSONNEL. 

8 (a) REGULATIONS REQUIRED.—Effective as of the 

9 date that is one year after the date of the enactment of 

10 this Act, the Department of Defense manpower mix cri11 teria and the Department of Defense Supplement to the 

12 Federal Acquisition Regulation shall be modified to pro13 vide the following: 

14 (1) That the interrogation of enemy prisoners 

15 of war, civilian internees, retained persons, other de16 tainees, terrorists, and criminals when captured, 

17 transferred, confined, or detained during or in the 

18 aftermath of hostilities is an inherently govern19 mental function and cannot be transferred to con20 tractor personnel. 

21 (2) That contractor personnel with proper 

22 training and security clearances may be used as lin23 guists, interpreters, report writers, information tech24 nology technicians, and other employees filling ancil25 lary positions in interrogations of persons as deVerDate Nov 24 2008 23:21 Jul 02, 2009 Jkt 059200 PO 00000 Frm 00254 Fmt 6652 Sfmt 6201 E:\BILLS\S1391.PCS S1391

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1 scribed in paragraph (1) if such personnel are sub2 ject to the same rules, procedures, policies, and laws 

3 pertaining to detainee operations and interrogations 

4 as apply to government personnel in such positions 

5 in such interrogations. 

6 (b) DISCHARGE BY GOVERNMENT PERSONNEL.—The 

7 Secretary of Defense shall take appropriate actions to en8 sure that, by not later than one year after the date of 

9 the enactment of this Act, the Department of Defense has 

10 the resources needed to ensure that interrogations de11 scribed in subsection (a)(1) are conducted by appro12 priately qualified government personnel. 

13 Subtitle D—Other Matters 

14 SEC. 831. ENHANCED AUTHORITY TO ACQUIRE PRODUCTS 

15 AND SERVICES PRODUCED IN CENTRAL ASIA, 

16 PAKISTAN, AND THE SOUTH CAUCASUS. 

17 (a) IN GENERAL.—In the case of a product or service 

18 to be acquired in support of military operations or stability 

19 operations (including security, transition, reconstruction, 

20 and humanitarian relief activities) in Afghanistan for 

21 which the Secretary of Defense makes a determination de22 scribed in subsection (b), the Secretary may conduct a 

23 procurement in which— 


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1 (1) competition is limited to products or serv2 ices that are from Central Asia, Pakistan, or the 

3 South Caucasus; 

4 (2) procedures other than competitive proce5 dures are used to award a contract to a particular 

6 source or sources from Central Asia, Pakistan, or 

7 the South Caucasus; or 

8 (3) a preference is provided for products or 

9 services that are from Central Asia, Pakistan, or the 

10 South Caucasus. 

11 (b) DETERMINATION.—A determination described in 

12 this subsection is a determination by the Secretary that— 

13 (1) the product or service concerned is to be 

14 used only by military forces, police, or other security 

15 personnel of Afghanistan; or 

16 (2) it is in the national security interest of the 

17 United States to limit competition, use procedures 

18 other than competitive procedures, or provide a pref19 erence as described in subsection (a) because— 

20 (A) such limitation, procedure, or pref21 erence is necessary— 

22 (i) to improve local market and trans23 portation infrastructure in Central Asia, 

24 Pakistan, or the South Caucasus in order 

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1 tation costs and risks in shipping goods in 

2 support of operations in Afghanistan; or 

3 (ii) to encourage states of Central 

4 Asia, Pakistan, or the South Caucasus to 

5 cooperate in expanding supply routes 

6 through their territory in support of oper7 ations in Afghanistan; and 

8 (B) such limitation, procedure, or pref9 erence will not adversely affect— 

10 (i) operations in Afghanistan; or 

11 (ii) the United States industrial base. 

12 (c) PRODUCTS, SERVICES, AND SOURCES FROM CEN13 TRAL ASIA, PAKISTAN, OR THE SOUTH CAUCASUS.—For 

14 the purposes of this section: 

15 (1) A product is from the Central Asia, Paki16 stan, or the South Caucasus if it is mined, produced, 

17 or manufactured in Georgia, the Kyrgyz Republic, 

18 Pakistan, the Republic of Armenia, the Republic of 

19 Azerbaijan, the Republic of Kazakhstan, the Repub20 lic of Tajikistan, the Republic of Uzbekistan, or 

21 Turkmenistan. 

22 (2) A service is from Central Asia, Pakistan, or 

23 the South Caucasus if it is performed in Georgia, 

24 the Kyrgyz Republic, Pakistan, the Republic of Ar25 menia, the Republic of Azerbaijan, the Republic of 


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1 Kazakhstan, the Republic of Tajikistan, the Repub2 lic of Uzbekistan, or Turkmenistan by citizens or 

3 permanent resident aliens of Georgia, the Kyrgyz 

4 Republic, Pakistan, the Republic of Armenia, the 

5 Republic of Azerbaijan, the Republic of Kazakhstan, 

6 the Republic of Tajikistan, the Republic of 

7 Uzbekistan, or Turkmenistan. 

8 (3) A source is from Central Asia, Pakistan, or 

9 the South Caucasus if it— 

10 (A) is located in Georgia, the Kyrgyz Re11 public, Pakistan, the Republic of Armenia, the 

12 Republic of Azerbaijan, the Republic of 

13 Kazakhstan, the Republic of Tajikistan, the Re14 public of Uzbekistan, or Turkmenistan; and 

15 (B) offers products or services that are 

16 from Georgia, the Kyrgyz Republic, Pakistan, 

17 the Republic of Armenia, the Republic of Azer18 baijan, the Republic of Kazakhstan, the Repub19 lic of Tajikistan, the Republic of Uzbekistan, or 

20 Turkmenistan. 

21 (d) CONSTRUCTION WITH OTHER AUTHORITY.—The 

22 authority in subsection (a) is in addition to the authority 

23 in section 886 of the National Defense Authorization Act 

24 for Fiscal Year 2008 (Public Law 110–181; 122 Stat. 

25 266; 10 U.S.C. 2302 note). 


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1 (e) ANNUAL REPORT.— 

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

3 each year, the Secretary shall submit to Congress a 

4 report on the exercise of the authority in subsection 

5 (a) during the preceding fiscal year. 

6 (2) ELEMENTS.—Each report under this sub7 section shall include, for the fiscal year covered by 

8 such report, the following: 

9 (A) A statement of the number of occa10 sions on which the Secretary made a determina11 tion under subsection (a) with respect to the ex12 ercise of the authority in subsection (a), regard13 less of whether or not the determination re14 sulted in the exercise of such authority. 

15 (B) The total amount of all procurements 

16 pursuant to the exercise of such authority, and 

17 the total amount of procurements for each 

18 country with respect to which such authority 

19 was exercised. 

20 (C) A description and assessment of the 

21 extent to which procurements pursuant to the 

22 exercise of such authority furthered the na23 tional security interest of the United States. 


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1 (f) SUNSET.—The authority in subsection (a) shall 

2 expire on the date that is three years after the date of 

3 the enactment of this Act. 

4 SEC. 832. SMALL ARMS PRODUCTION INDUSTRIAL BASE 

5 MATTERS. 

6 (a) AUTHORITY TO MODIFY DEFINITION OF ‘‘SMALL

7 ARMS PRODUCTION INDUSTRIAL BASE’’.—Section 

8 2473(c) of title 10, United States Code, is amended by 

9 inserting before the period at the end the following: ‘‘, and 

10 any subsequent modifications to such list of firms pursu11 ant to a review by the Secretary of Defense’’. 

12 (b) REVIEW OF SMALL ARMS PRODUCTION INDUS13 TRIAL BASE.— 

14 (1) REVIEW.—Not later than March 31, 2010, 

15 the Secretary of Defense shall review and determine, 

16 based upon manufacturing capability and capacity— 

17 (A) whether any firms included in the 

18 small arms production industrial base (as that 

19 term is defined in section 2473(c) of title 10, 

20 United States Code) should be eliminated or 

21 modified and whether any additional firms 

22 should be included; and 

23 (B) whether any of the small arms listed 

24 in section 2473(d) of title 10, United States 

25 Code, should be eliminated from the list or 


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1 modified on the list, and whether any additional 

2 small arms should be included in the list. 

3 (2) REPORT.—Not later than March 31, 2010, 

4 the Secretary of Defense shall submit to the con5 gressional defense committees a report on the review 

6 conducted under this subsection, including any rec7 ommendations for changes to the list maintained 

8 pursuant to subsection (c) of section 2473(d) of title 

9 10, United States Code, or the list under subsection 

10 (d) of such section. 

11 SEC. 833. EXTENSION OF SBIR AND STTR PROGRAMS OF 

12 THE DEPARTMENT OF DEFENSE. 

13 (a) SBIR EXTENSION.—Section 9(m) of the Small 

14 Business Act (15 U.S.C. 638(m)) is amended— 

15 (1) by striking ‘‘The authorization’’ and insert16 ing the following: 

17 ‘‘(1) IN GENERAL.—Except as provided in para18 graph (2), the authorization’’; and 

19 (2) by adding at the end the following: 

20 ‘‘(2) EXCEPTION FOR DEPARTMENT OF DE21 FENSE.—The Secretary of Defense and the Sec22 retary of each military department is authorized to 

23 carry out the Small Business Innovation Research 

24 Program of the Department of Defense until Sep25 tember 30, 2023.’’. 


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1 (b) STTR REAUTHORIZATION.—Section 9(n)(1)(A) 

2 of the Small Business Act (15 U.S.C. 638(n)(1)(A)) is 

3 amended— 

4 (1) by striking ‘‘With respect’’ and inserting 

5 the following: 

6 ‘‘(i) FEDERAL AGENCIES GEN7 ERALLY.—Except as provided in clause (i), 

8 with respect’’; and 

9 (2) by adding at the end the following: 

10 ‘‘(ii) DEPARTMENT OF DEFENSE.— 

11 The Secretary of Defense and the Sec12 retary of each military department shall 

13 carry out clause (i) with respect to each 

14 fiscal year through fiscal year 2023.’’. 

15 (c) EFFECTIVE DATE.—The amendments made by 

16 this section shall take effect on July 30, 2009. 

17 SEC. 834. EXPANSION AND PERMANENT AUTHORITY FOR 

18 SMALL BUSINESS INNOVATION RESEARCH 

19 COMMERCIALIZATION PROGRAM. 

20 (a) EXPANSION TO INCLUDE SMALL BUSINESS

21 TECHNOLOGY TRANSFER PROGRAM.—Section 9(y) of the 

22 Small Business Act (15 U.S.C. 638(y)) is amended in 

23 paragraphs (1), (2), and (4) by inserting ‘‘and the Small 

24 Business Technology Transfer Program’’ after ‘‘Small 

25 Business Innovation Research Program’’. 


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1 (b) PERMANENT AUTHORITY.— 

2 (1) IN GENERAL.—Such section is further 

3 amended by striking paragraph (6). 

4 (2) CONFORMING AMENDMENTS.—Such section 

5 is further amended— 

6 (A) in the subsection heading, by striking 

7 ‘‘PILOT’’; and 

8 (B) by striking ‘‘Pilot’’ each place it ap9 pears. 

10 SEC. 835. MEASURES TO ENSURE THE SAFETY OF FACILI11 TIES, INFRASTRUCTURE, AND EQUIPMENT 

12 FOR MILITARY OPERATIONS. 

13 (a) POLICY.—It shall be the policy of the Department 

14 of Defense to incorporate generally accepted industry 

15 standards for the safety and health of personnel, to the 

16 maximum extent practicable, into requirements for facili17 ties, infrastructure, and equipment that are intended for 

18 use by military or civilian personnel of the Department 

19 in current and future contingency operations. 

20 (b) CONTRACTS.—Not later than 120 days after the 

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

22 shall submit to the congressional defense committees a re23 port describing that actions that the Department of De24 fense has taken, or plans to take, to ensure that each con25 tract or task or delivery order entered into for the conVerDate Nov 24 2008 23:21 Jul 02, 2009 Jkt 059200 PO 00000 Frm 00263 Fmt 6652 Sfmt 6201 E:\BILLS\S1391.PCS S1391

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1 struction, installation, repair, maintenance, or operation 

2 of facilities for use by military or civilian personnel of the 

3 Department in current and future contingency operations 

4 complies with the policy established in subsection (a). 

5 (c) GENERALLY ACCEPTED INDUSTRY STANDARDS

6 FOR SAFETY.—For the purposes of this section, generally 

7 accepted industry standards for the safety of personnel in8 clude— 

9 (1) appropriate standards with respect to fire 

10 protection and structural integrity; and 

11 (2) standards with respect to electrical systems, 

12 water treatment, and telecommunications networks. 

13 SEC. 836. REPEAL OF REQUIREMENTS RELATING TO THE 

14 MILITARY SYSTEM ESSENTIAL ITEM BREAK15 OUT LIST. 

16 Section 813 of the National Defense Authorization 

17 Act for Fiscal Year 2004 (Public Law 108–136; 117 Stat. 

18 1543) is repealed. 

19 SEC. 837. DEFENSE SCIENCE BOARD REPORT ON RARE 

20 EARTH MATERIALS IN THE DEFENSE SUPPLY 

21 CHAIN. 

22 (a) REPORT REQUIRED.—Not later than one year 

23 after the date of the enactment of this Act, the Defense 

24 Science Board shall submit to the Committees on Armed 

25 Services of the Senate and the House of Representatives 


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1 a report on the usage of rare earth materials in the supply 

2 chain of the Department of Defense. 

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

4 (a) shall address, at a minimum, the following: 

5 (1) The current and projected domestic and 

6 world-wide availability of rare earth materials for 

7 use by the Department of Defense in its weapon sys8 tems. 

9 (2) The extent to which weapon systems ac10 quired by the Department of Defense are currently 

11 dependent on, or are projected to become dependent 

12 on, rare earth materials supplied by sources that 

13 could be interrupted. 

14 (3) The risk to national security, if any, of de15 pendence on such sources for rare earth materials. 

16 (4) Any steps that the Department of Defense 

17 has taken or is planning to take to address any such 

18 risk to national security. 

19 (5) Such recommendations for further action to 

20 address the matters covered by the report as the De21 fense Science Board considers appropriate. 

22 (c) DEFINITIONS.—In this section: 

23 (1) The term ‘‘rare earth’’ means the chemical 

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1 thanum and continuing to lutetium, and any associ2 ated elements. 

3 (2) The term ‘‘rare earth material’’ includes 

4 rare earth ores, semi-finished rare earth products, 

5 and components containing rare earth materials. 

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. 

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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 CooperaVerDate Nov 24 2008 23:21 Jul 02, 2009 Jkt 059200 PO 00000 Frm 00278 Fmt 6652 Sfmt 6201 E:\BILLS\S1391.PCS S1391

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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 


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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 


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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 


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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 Subtitle B—Space Matters 

11 SEC. 911. PROVISION OF SPACE SITUATIONAL AWARENESS 

12 SERVICES AND INFORMATION TO NON13 UNITED STATES GOVERNMENT ENTITIES. 

14 (a) IN GENERAL.—Section 2274 of title 10, United 

15 States Code, is amended to read as follows: 

16 ‘‘§ 2274. Space situational awareness services and in17 formation: provision to non-United States 

18 Government entities 

19 ‘‘(a) AUTHORITY.—The Secretary of Defense may 

20 provide space situational awareness services and informa21 tion to, and may obtain space situational awareness data 

22 and information from, non-United States Government en23 tities in accordance with this section. Any such action may 

24 be taken only if the Secretary determines that such action 


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1 is consistent with the national security interests of the 

2 United States. 

3 ‘‘(b) ELIGIBLE ENTITIES.—The Secretary may pro4 vide services and information under subsection (a) to, and 

5 may obtain data and information under subsection (a) 

6 from, any non-United States Government entity, including 

7 any of the following: 

8 ‘‘(1) A State. 

9 ‘‘(2) A political subdivision of a State. 

10 ‘‘(3) A United States commercial entity. 

11 ‘‘(4) The government of a foreign country. 

12 ‘‘(5) A foreign commercial entity. 

13 ‘‘(c) AGREEMENT.—The Secretary may not provide 

14 space situational awareness services and information 

15 under subsection (a) to a non-United States Government 

16 entity unless that entity enters into an agreement with the 

17 Secretary under which the entity— 

18 ‘‘(1) agrees to pay an amount that may be 

19 charged by the Secretary under subsection (d); 

20 ‘‘(2) agrees not to transfer any data or tech21 nical information received under the agreement, in22 cluding the analysis of data, to any other entity 

23 without the express approval of the Secretary; and 

24 ‘‘(3) agrees to any other terms and conditions 

25 considered necessary by the Secretary. 


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1 ‘‘(d) CHARGES.—(1) As a condition of an agreement 

2 under subsection (c), the Secretary may (except as pro3 vided in paragraph (2)) require the non-United States 

4 Government entity entering into the agreement to pay to 

5 the Department of Defense such amounts as the Secretary 

6 determines appropriate to reimburse the Department for 

7 the costs to the Department of providing space situational 

8 awareness services or information under the agreement. 

9 ‘‘(2) The Secretary may not require the government 

10 of a State, or of a political subdivision of a State, to pay 

11 any amount under paragraph (1). 

12 ‘‘(e) CREDITING OF FUNDS RECEIVED.—(1) Funds 

13 received for the provision of space situational awareness 

14 services or information pursuant to an agreement under 

15 this section shall be credited, at the election of the Sec16 retary, to the following: 

17 ‘‘(A) The appropriation, fund, or account used 

18 in incurring the obligation. 

19 ‘‘(B) An appropriate appropriation, fund, or ac20 count currently available for the purposes for which 

21 the expenditures were made. 

22 ‘‘(2) Funds credited under paragraph (1) shall be 

23 merged with, and remain available for obligation with, the 

24 funds in the appropriation, fund, or account to which cred25 ited. 


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1 ‘‘(f) PROCEDURES.—The Secretary shall establish 

2 procedures by which the authority under this section shall 

3 be carried out. As part of those procedures, the Secretary 

4 may allow space situational awareness services or informa5 tion to be provided through a contractor of the Depart6 ment of Defense. 

7 ‘‘(g) NONDISCLOSURE.—Any information received 

8 under subsection (a), records of agreements entered into 

9 under subsection (c), and analyses or data provided as a 

10 part of the provision of services or information under this 

11 section shall be exempt from disclosure under section 

12 552(b)(3) of title 5. 

13 ‘‘(h) IMMUNITY.—The United States, any agencies 

14 and instrumentalities thereof, and any individuals, firms, 

15 corporations, and other persons acting for the United 

16 States, shall be immune from any suit in any court for 

17 any cause of action arising from the provision or receipt 

18 of space situational awareness services or information, 

19 whether or not provided in accordance with this section, 

20 or any related action or omission.’’. 

21 (b) CLERICAL AMENDMENT.—The table of sections 

22 at the beginning of chapter 135 of such title is amended 

23 by striking the item relating to section 2274 and inserting 

24 the following new item: 

‘‘2274. Space situational awareness services and information: provision to nonUnited States Government entities.’’. 


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1 (c) EFFECTIVE DATE.—The amendments made by 

2 this section shall take effect on October 1, 2009, or the 

3 date of the enactment of this Act, whichever is later. 

4 SEC. 912. PLAN FOR MANAGEMENT AND FUNDING OF NA5 TIONAL POLAR-ORBITING OPERATIONAL EN6 VIRONMENTAL SATELLITE SYSTEM PRO7 GRAM. 

8 (a) IN GENERAL.—The Secretary of Defense, the 

9 Secretary of Commerce, and the Administrator of the Na10 tional Aeronautics and Space Administration shall jointly 

11 develop a plan for the management and funding of the 

12 National Polar-Orbiting Operational Environmental Sat13 ellite System Program (in this section referred to as the 

14 ‘‘Program’’) by the Department of Defense, the Depart15 ment of Commerce, and the National Aeronautics and 

16 Space Administration. 

17 (b) ELEMENTS.—The plan required under subsection 

18 (a) shall include the following: 

19 (1) Requirements for the Program. 

20 (2) The management structure of the Program. 

21 (3) A funding profile for the Program for each 

22 year of the Program for the Department of Defense, 

23 the Department of Commerce, and the National Aer24 onautics and Space Administration. 


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1 (c) LIMITATION ON USE OF FUNDS.—Of the 

2 amounts authorized to be appropriated for fiscal year 

3 2010 by section 201(a)(3) for research, development, test, 

4 and evaluation for the Air Force and available for the Pro5 gram, not more than 50 percent of such amounts may be 

6 obligated or expended before the date on which the plan 

7 developed under subsection (a) is submitted to the con8 gressional defense committees, the Committee on Com9 merce, Science, and Transportation of the Senate, and the 

10 Committee on Energy and Commerce of the House of 

11 Representatives. 

12 (d) SENSE OF SENATE.—It is the sense of the Senate 

13 that— 

14 (1) the National Polar-Orbiting Operational 

15 Environmental Satellite System Program, including 

16 the sensors, satellites, and orbits included in the 

17 Program, should be maintained; 

18 (2) the National Polar-Orbiting Operational 

19 Environmental Satellite System preparatory project 

20 should be managed and treated as an operational 

21 satellite; 

22 (3) the responsibility of Department of Defense 

23 milestone decision authority for the Program should 

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1 fense Executive Agent for Space should become the 

2 member of the Tri-Agency Executive Committee 

3 from the Department of Defense; 

4 (4) the Program Executive Office of the Pro5 gram should report directly to and take direction ex6 clusively from the Tri-Agency Executive Committee; 

7 (5) the acquisition procedures of the Depart8 ment of Defense should continue to be used in the 

9 Program; 

10 (6) the Administrator of the National Aero11 nautics and Space Administration and the Secretary 

12 of the Air Force should make support from the God13 dard Space Flight Center and the Space and Missile 

14 Systems Center, respectively, available for the Pro15 gram, as needed; 

16 (7) the budget for the Program should not be 

17 less than the estimate of the Cost Analysis Improve18 ment Group of the Department of Defense for the 

19 Program; 

20 (8) the Program should continue to be managed 

21 by a single program manager; 

22 (9) the Program should be managed as a long23 term operational program; and 

24 (10) once all requirements for the Program are 

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1 retary of Commerce, and the Administrator of the 

2 National Aeronautics and Space Administration, the 

3 Program should be executed with no modifications to 

4 those requirements that would increase the cost, or 

5 extend the schedule, of the Program. 

6 Subtitle C—Intelligence Matters 

7 SEC. 921. INCLUSION OF DEFENSE INTELLIGENCE AGENCY 

8 IN AUTHORITY TO USE PROCEEDS FROM 

9 COUNTERINTELLIGENCE OPERATIONS. 

10 (a) IN GENERAL.—Section 423 of title 10, United 

11 States Code, is amended by inserting ‘‘and the Defense 

12 Intelligence Agency’’ after ‘‘the military departments’’ 

13 each place it appears in subsections (a) and (c). 

14 (b) CONFORMING AMENDMENTS.— 

15 (1) HEADING AMENDMENT.—The heading of 

16 such section is amended to read as follows: 

17 ‘‘§ 423. Authority to use proceeds from counterintel18 ligence operations of the military depart19 ments and the Defense Intelligence Agen20 cy’’. 

21 (2) TABLE OF SECTIONS.—The table of sections 

22 at the beginning of chapter 21 of such title is 

23 amended by striking the item relating to section 423 

24 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 

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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 TITLE X—GENERAL PROVISIONS 

8 Subtitle A—Financial Matters 

9 SEC. 1001. GENERAL TRANSFER AUTHORITY. 

10 (a) AUTHORITY TO TRANSFER AUTHORIZATIONS.— 

11 (1) AUTHORITY.—Upon determination by the 

12 Secretary of Defense that such action is necessary in 

13 the national interest, the Secretary may transfer 

14 amounts of authorizations made available to the De15 partment of Defense in this division for fiscal year 

16 2010 between any such authorizations for that fiscal 

17 year (or any subdivisions thereof). Amounts of au18 thorizations so transferred shall be merged with and 

19 be available for the same purposes as the authoriza20 tion to which transferred. 

21 (2) LIMITATION.—Except as provided in para22 graph (3), the total amount of authorizations that 

23 the Secretary may transfer under the authority of 

24 this section may not exceed $4,000,000,000. 


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1 (3) EXCEPTION FOR TRANSFERS BETWEEN

2 MILITARY PERSONNEL AUTHORIZATIONS.—A trans3 fer of funds between military personnel authoriza4 tions under title IV shall not be counted toward the 

5 dollar limitation in paragraph (2). 

6 (b) LIMITATIONS.—The authority provided by this 

7 section to transfer authorizations— 

8 (1) may only be used to provide authority for 

9 items that have a higher priority than the items 

10 from which authority is transferred; and 

11 (2) may not be used to provide authority for an 

12 item that has been denied authorization by Con13 gress. 

14 (c) EFFECT ON AUTHORIZATION AMOUNTS.—A 

15 transfer made from one account to another under the au16 thority of this section shall be deemed to increase the 

17 amount authorized for the account to which the amount 

18 is transferred by an amount equal to the amount trans19 ferred. 

20 (d) NOTICE TO CONGRESS.—The Secretary shall 

21 promptly notify Congress of each transfer made under 

22 subsection (a) 


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1 SEC. 1002. AUDIT READINESS OF FINANCIAL STATEMENTS 

2 OF THE DEPARTMENT OF DEFENSE. 

3 (a) AUDIT READINESS OBJECTIVES.—It shall be the 

4 objective of the Department of Defense to ensure that— 

5 (1) the financial statements of the Department 

6 of the Army are validated as ready for audit by not 

7 later than March 31, 2017; 

8 (2) the financial statements of the Department 

9 of the Navy are validated as ready for audit by not 

10 later than March 31, 2016; 

11 (3) the financial statements of the Department 

12 of the Air Force are validated as ready for audit by 

13 not later than September 30, 2016; 

14 (4) the financial statements of the Defense Lo15 gistics Agency are validated as ready for audit by 

16 not later than September 30, 2017; and 

17 (5) the financial statements of the Department 

18 of Defense are validated as ready for audit by not 

19 later than September 30, 2017. 

20 (b) ADJUSTMENT OF DEADLINE FOR OBJECTIVES.— 

21 (1) IN GENERAL.—In the event that the appro22 priate chief management officer determines that the 

23 Department of Defense, a military department, or 

24 the Defense Logistics Agency will be unable to meet 

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1 section (a), the chief management officer may adjust 

2 the deadline for meeting such objective. 

3 (2) REPORT.—Not later than 30 days after ad4 justing the deadline for an objective pursuant to 

5 paragraph (1), the chief management officer con6 cerned shall submit to the congressional defense 

7 committees a report setting forth— 

8 (A) a statement of the reasons why the 

9 Department of Defense, the military depart10 ment, or the Defense Logistics Agency, as ap11 plicable, will be unable to meet the deadline for 

12 such objective; 

13 (B) a proposed completion date for the 

14 achievement of compliance with such objective; 

15 and 

16 (C) a description of the actions that have 

17 been taken and are planned to be taken by the 

18 Department of Defense, the military depart19 ment, or the Defense Logistics Agency, as ap20 plicable, to meet such objective. 

21 (3) APPROPRIATE CHIEF MANAGEMENT OFFI22 CER.—For the purposes of this subsection, the ap23 propriate chief management officer is as follows: 

24 (A) For the objective in subsection (a)(1), 

25 the Chief Management Officer of the Army. 


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1 (B) For the objective in subsection (a)(2), 

2 the Chief Management Officer of the Navy. 

3 (C) For the objective in subsection (a)(3), 

4 the Chief Management Officer of the Air Force. 

5 (D) For the objective in subsection (a)(4), 

6 the Deputy Chief Management Officer of the 

7 Department of Defense. 

8 (E) For the objective in subsection (a)(5), 

9 the Chief Management Officer of the Depart10 ment of Defense. 

11 (c) FINANCIAL IMPROVEMENT AUDIT READINESS

12 PLAN.— 

13 (1) IN GENERAL.—The Chief Management Offi14 cer of the Department of Defense shall, in consulta15 tion with the Under Secretary of Defense (Comp16 troller), develop and maintain a plan to be known as 

17 the ‘‘Financial Improvement and Audit Readiness 

18 Plan’’. 

19 (2) ELEMENTS.—The plan required by para20 graph (1) shall— 

21 (A) describe specific actions to be taken 

22 to— 

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1 liable, and complete financial management 

2 information; and 

3 (ii) meet the objectives specified in 

4 subsection (a); and 

5 (B) systematically tie the actions described 

6 under subparagraph (A) to process and control 

7 improvements and business systems moderniza8 tion efforts described in the business enterprise 

9 architecture and transition plan required by 

10 section 2222 of title 10, United States Code. 

11 (d) SEMI-ANNUAL REPORTS ON FINANCIAL IM12 PROVEMENT AND AUDIT READINESS PLAN.— 

13 (1) IN GENERAL.—Not later than May 15 and 

14 November 15 each year, the Under Secretary of De15 fense (Comptroller) shall submit to the congressional 

16 defense committees a report on the status of the im17 plementation by the Department of Defense of the 

18 Financial Improvement and Audit Readiness Plan 

19 required by subsection (c). 

20 (2) ELEMENTS.—Each report under paragraph 

21 (1) shall include, at a minimum— 

22 (A) an overview of the steps the Depart23 ment has taken or plans to take to meet the ob24 jectives specified in subsection (a), including 


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1 any interim objectives established by the De2 partment for that purpose; and 

3 (B) a description of any impediments iden4 tified in the efforts of the Department to meet 

5 such objectives, and of the actions the Depart6 ment has taken or plans to take to address 

7 such impediments. 

8 (3) ADDITIONAL ISSUES TO BE ADDRESSED IN

9 FIRST REPORT.—The first report submitted under 

10 paragraph (1) after the date of the enactment of 

11 this Act shall address, in addition to the elements 

12 required by paragraph (2), the actions taken or to 

13 be taken by the Department as follows: 

14 (A) To develop standardized guidance for 

15 financial improvement plans by components of 

16 the Department. 

17 (B) To establish a baseline of financial 

18 management capabilities and weaknesses at the 

19 component level of the Department. 

20 (C) To provide results-oriented metrics for 

21 measuring and reporting quantifiable results to22 ward addressing financial management defi23 ciencies. 

24 (D) To define the oversight roles of the 

25 Chief Management Officer of the Department 


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1 of Defense, the chief management officers of 

2 the military departments, and other appropriate 

3 elements of the Department to ensure that the 

4 requirements of the Financial Improvement and 

5 Audit Readiness Plan are carried out. 

6 (E) To assign accountability for carrying 

7 out specific elements of the Financial Improve8 ment and Audit Readiness Plan to appropriate 

9 officials and organizations at the component 

10 level of the Department. 

11 (F) To develop mechanisms to track budg12 ets and expenditures for the implementation of 

13 the requirements of the Financial Improvement 

14 and Audit Readiness Plan. 

15 (e) RELATIONSHIP TO EXISTING LAW.—The require16 ments of this section shall be implemented in a manner 

17 that is consistent with the requirements of section 1008 

18 of the National Defense Authorization Act for Fiscal Year 

19 2002 (Public Law 107–107; 115 Stat. 1204; 10 U.S.C. 

20 2222 note). 


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1 Subtitle B—Naval Vessels and 

2 Shipyards 

3 SEC. 1011. TEMPORARY REDUCTION IN MINIMUM NUMBER 

4 OF AIRCRAFT CARRIERS IN ACTIVE SERVICE. 

5 Notwithstanding section 5062(b) of title 10, United 

6 States Code, during the period beginning on the date of 

7 the decommissioning of the U.S.S. Enterprise (CVN 65) 

8 and ending on the date of the commissioning into active 

9 service of the U.S.S. Gerald R. Ford (CVN 78), the num10 ber of operational aircraft carriers in the naval combat 

11 forces of the Navy may be 10. 

12 SEC. 1012. REPEAL OF POLICY RELATING TO THE MAJOR 

13 COMBATANT VESSELS OF THE STRIKE 

14 FORCES OF THE UNITED STATES NAVY. 

15 Section 1012 of the National Defense Authorization 

16 Act for Fiscal Year 2008 (Public Law 110–181; 122 Stat. 

17 303) is repealed. 

18 SEC. 1013. SENSE OF SENATE ON THE MAINTENANCE OF A 

19 313-SHIP NAVY. 

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

21 findings: 

22 (1) The Department of the Navy has a stated 

23 requirement for a 313-ship fleet. 

24 (2) The Navy can better meet this require25 ment— 


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1 (A) by procuring sufficient numbers of new 

2 ships; and 

3 (B) by ensuring the sound material condi4 tion of existing ships that will enable the Navy 

5 to utilize them for their full planned service 

6 lives. 

7 (3) When procuring new classes of ships, the 

8 Navy must exercise greater caution than it has ex9 hibited to date in proceeding from one stage of the 

10 acquisition cycle to the next before a ship program 

11 has achieved a level of maturity that significantly 

12 lowers the risk of cost growth and schedule slippage. 

13 (4) In retaining existing assets, the Navy can 

14 do a much better job of achieving the full planned 

15 service lives of ships and extending the service lives 

16 of certain ships so as to keep their unique capabili17 ties in the fleet while the Navy takes the time nec18 essary to develop and field next-generation capabili19 ties under a low risk program. 

20 (5) The Navy can undertake certain develop21 ment approaches that can help the Navy control the 

22 total costs of ownership of a ship or class of ships, 

23 including emphasizing common hull designs, open 

24 architecture combat systems, and other common 


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1 ship systems in order to achieve efficiency in acquir2 ing and supporting various classes of ships. 

3 (6) The Navy needs to continue its efforts to4 ward achieving an open architecture for existing 

5 combat systems, as this will have great benefit in re6 ducing the costs and risks of fielding new classes of 

7 ships, and will yield recurring savings from reducing 

8 the costs of buying later ships in a program and re9 ducing life cycle support costs for ships and classes 

10 of ships. 

11 (7) The Navy can also undertake other meas12 ures to acquire new ships and maintain the current 

13 fleet with greater efficiency, including— 

14 (A) greater use of fixed-price contracts; 

15 (B) maximizing competition (or the option 

16 of competition) throughout the life cycle of its 

17 ships; 

18 (C) entering into multiyear contracts when 

19 warranted; and 

20 (D) employing an incremental approach to 

21 developing new technologies. 

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

23 that— 

24 (1) the Navy should meet its requirement for a 

25 313-ship fleet; 


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1 (2) the Navy should take greater care to 

2 achieve the full planned service life of existing ships 

3 and reduce the incidence of early ship decommis4 sioning; 

5 (3) the Navy should exercise greater restraint 

6 on the acquisition process for ships in order to 

7 achieve on-time, on-cost shipbuilding programs; and 

8 (4) Congress should support the Navy when it 

9 is acting responsibly to undertake measures that can 

10 help the Navy achieve the requirement for a 313- 

11 ship fleet and maintain a fleet that is adequate to 

12 meet the national security needs of the United 

13 States. 

14 SEC. 1014. DESIGNATION OF U.S.S. CONSTITUTION AS 

15 AMERICA’S SHIP OF STATE. 

16 (a) FINDINGS.—Congress makes the following find17 ings: 

18 (1) The 3rd Congress authorized, in the Act en19 titled ‘‘An Act to Provide a Naval Armament’’, ap20 proved on March 27, 1794 (1 Stat. 350, Chap. XII), 

21 the construction of six frigates as the first ships to 

22 be built for the United States Navy. 

23 (2) One of the six frigates was built in Boston 

24 between 1794 and 1797, and is the only one of the 

25 original six ships to survive. 


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1 (3) President George Washington named this 

2 frigate ‘‘Constitution’’ to represent the Nation’s 

3 founding document. 

4 (4) President Thomas Jefferson, asserting the 

5 right of the United States to trade on the high seas, 

6 dispatched the frigate Constitution in 1803 as the 

7 flagship of the Mediterranean Squadron to end the 

8 depredations of the Barbary States against United 

9 States ships and shipping, which led to a treaty 

10 being signed with the Bashaw of Tripoli in the Cap11 tain’s cabin aboard the frigate Constitution on June 

12 4, 1805. 

13 (5) The frigate Constitution, with her defeat of 

14 HMS Guerriere, secured the first major victory by 

15 the young United States Navy against the Royal 

16 Navy during the War of 1812, gaining in the proc17 ess the nickname ‘‘Old Ironsides’’, which she has 

18 proudly carried since. 

19 (6) Congress awarded gold medals to four of 

20 the ship’s commanding officers (Preble, Hull, Stew21 art, and Bainbridge), a record unmatched by any 

22 other United States Navy vessel. 

23 (7) The frigate Constitution emerged from the 

24 War of 1812 undefeated, having secured victories 

25 over three additional ships of the Royal Navy. 


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1 (8) As early as May 1815, the frigate Constitu2 tion had already been adopted as a symbol of the 

3 young Republic, as attested by the [Washington] 

4 National Intelligencer which proclaimed, ‘‘Let us 

5 keep ‘Old Ironsides’ at home. She has, literally be6 come the Nation’s Ship . . . and should thus be pre7 served . . . in honorable pomp, as a glorious Monu8 ment of her own, and our other Naval Victories.’’. 

9 (9) Rumors in 1830 that ‘‘Old Ironsides,’’ an 

10 aging frigate, was about to be scrapped resulted in 

11 a public uproar demanding that the ship be restored 

12 and preserved, spurred by Oliver Wendell Holmes’ 

13 immortal poem ‘‘Old Ironsides’’. 

14 (10) ‘‘Old Ironsides’’ circumnavigated the world 

15 between 1844 and 1846, showing the American flag 

16 as she searched for future coaling stations that 

17 would eventually fuel the steam-powered navy of the 

18 United States. 

19 (11) The first Pope to set foot on United States 

20 sovereign territory was Pius IX onboard the frigate 

21 Constitution in 1849. 

22 (12) ‘‘Old Ironsides’’ helped evacuate the 

23 United States Naval Academy from Annapolis, 

24 Maryland, to Newport, Rhode Island, in 1860 to 


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1 prevent this esteemed ship from falling into Confed2 erate hands. 

3 (13) Congressman John F. ‘‘Honey Fitz’’ Fitz4 gerald introduced legislation in 1896 to return ‘‘Old 

5 Ironsides’’ from the Portsmouth (New Hampshire) 

6 Naval Shipyard, where she was moored pier side and 

7 largely forgotten, to Boston for her 100th birthday. 

8 (14) Thousands of school children contributed 

9 pennies between 1925 an 1927 to help fund a much 

10 needed restoration for ‘‘Old Ironsides’’. 

11 (15) Between 1931 and 1934, more than 

12 4,500,000 Americans gained inspiration, at the 

13 depth of the Great Depression, by going aboard 

14 ‘‘Old Ironsides’’ as she was towed to 76 ports on the 

15 Atlantic, Gulf, and Pacific coasts. 

16 (16) The 83rd Congress enacted the Act of 

17 July 23, 1954 (68 Stat. 527, chapter 565), which 

18 directed the Secretary of the Navy to transfer to the 

19 States and appropriate commissions four other his20 toric ships then on the Navy inventory, and to repair 

21 and equip U.S.S. Constitution, as much as prac22 ticable, to her original condition, but not for active 

23 service. 

24 (17) Queen Elizabeth II paid a formal visit to 

25 U.S.S. Constitution in 1976, at the start of her 


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1 state visit marking the Bicentennial of the United 

2 States. 

3 (18) The U.S.S. Constitution, in celebration of 

4 her bicentennial, returned to sea under sail on July 

5 21, 1997 for the first time since 1881, proudly set6 ting sails purchased by the contributions of thou7 sands of pennies given by school children across the 

8 United States. 

9 (19) The U.S.S. Constitution is the oldest com10 missioned warship afloat in the world. 

11 (20) The U.S.S. Constitution is a National His12 toric Landmark. 

13 (21) The U.S.S. Constitution continues to per14 form official, ceremonial duties, including in recent 

15 years hosting a congressional dinner honoring the 

16 late Senator John Chafee of Rhode Island, a special 

17 salute for the dedication of the John Moakley Fed18 eral Courthouse, a luncheon honoring British Am19 bassador Sir David Manning, and a special under20 way demonstration during which 60 Medal of Honor 

21 recipients each received a personal Medal of Honor 

22 flag. 

23 (22) The U.S.S. Constitution celebrated on Oc24 tober 21, 2007, the 210th anniversary of her launch25 ing. 


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1 (23) The U.S.S. Constitution will remain a 

2 commissioned ship in the United States Navy, with 

3 the Navy retaining control of the ship, its material 

4 condition, and its employment. 

5 (24) The U.S.S. Constitution’s primary mission 

6 will remain education and public outreach, and any 

7 Ship of State functions will be an adjunct to the 

8 ship’s primary mission. 

9 (b) DESIGNATION AS AMERICA’S SHIP OF STATE.— 

10 (1) IN GENERAL.—The U.S.S. Constitution is 

11 hereby designated as ‘‘America’s Ship of State’’. 

12 (2) REFERENCES.—The U.S.S. Constitution 

13 may be known or referred to as ‘‘America’s Ship of 

14 State’’. 

15 (3) SENSE OF CONGRESS.—It is the sense of 

16 Congress that the President, Vice President, execu17 tive branch officials, and members of Congress 

18 should utilize the U.S.S. Constitution for the con19 ducting of pertinent matters of state, such as 

20 hosting visiting heads of state, signing legislation re21 lating to the Armed Forces, and signing maritime 

22 related treaties. 

23 (4) FEE OR REIMBURSEMENT STRUCTURE FOR

24 NON-DEPARTMENT OF THE NAVY USE.—The Sec25 retary of the Navy shall determine an appropriate 


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1 fee or reimbursement structure for any non-Depart2 ment of the Navy entities using the U.S.S. Constitu3 tion for Ship of State purposes. 

4 Subtitle C—Counter-Drug 

5 Activities 

6 SEC. 1021. EXTENSION AND MODIFICATION OF AUTHORITY 

7 TO PROVIDE ADDITIONAL SUPPORT FOR 

8 COUNTER-DRUG ACTIVITIES OF CERTAIN 

9 FOREIGN GOVERNMENTS. 

10 (a) EXTENSION OF AUTHORITY.—Subsection (a)(2) 

11 of section 1033 of the National Defense Authorization Act 

12 for Fiscal Year 1998 (Public Law 105–85; 111 Stat. 

13 1881), as amended by section 1021 of the National De14 fense Authorization Act for Fiscal Year 2004 (Public Law 

15 108–136; 117 Stat. 1593), section 1022 of the John War16 ner National Defense Authorization Act for Fiscal Year 

17 2007 (Public Law 109–364; 120 Stat. 2137), section 

18 1022 of the National Defense Authorization Act for Fiscal 

19 Year 2008 (Public Law 110–181; 122 Stat. 304), and sec20 tion 1024 of the Duncan Hunter National Defense Au21 thorization Act for Fiscal Year 2009 (Public Law 110– 

22 417; 122 Stat. 4587), is further amended by striking 

23 ‘‘2009’’ and inserting ‘‘2010’’. 

24 (b) MAXIMUM ANNUAL AMOUNT OF SUPPORT.—Sub25 section (e)(2) of such section is amended— 


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1 (1) by striking ‘‘or’’ before ‘‘$75,000,000’’; and 

2 (2) by striking the period at the end and insert3 ing ‘‘, or $100,000,000 during fiscal year 2010.’’. 

4 (c) CONDITIONS ON PROVISION OF SUPPORT.—Sub5 section (f)(2) of such section is amended in the matter 

6 preceding subparagraph (A) by striking ‘‘for fiscal year 

7 2009 to carry out this section and the first fiscal year in 

8 which the support is to be provided’’ and inserting ‘‘and 

9 available for support’’. 

10 (d) COUNTER-DRUG PLAN.—Subsection (h) of such 

11 section is amended— 

12 (1) in the matter preceding paragraph (1), by 

13 striking ‘‘fiscal year 2009’’ and inserting ‘‘for each 

14 fiscal year’’; and 

15 (2) in paragraph (7), by striking ‘‘fiscal year 

16 2009, and thereafter, for the first fiscal year in 

17 which support is to be provided’’ and inserting ‘‘each 

18 fiscal year in which support is to be provided a gov19 ernment’’. 

20 SEC. 1022. ONE-YEAR EXTENSION OF AUTHORITY FOR 

21 JOINT TASK FORCES SUPPORT TO LAW EN22 FORCEMENT AGENCIES CONDUCTING 

23 COUNTER-TERRORISM ACTIVITIES. 

24 (a) ONE-YEAR EXTENSION.—Subsection (b) of sec25 tion 1022 of the National Defense Authorization Act for 


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1 Fiscal Year 2004 (10 U.S.C. 371 note) is amended by 

2 striking ‘‘2009’’ and inserting ‘‘2010’’. 

3 (b) ANNUAL REPORT.—Subsection (c) of such section 

4 is amended to read as follows: 

5 ‘‘(c) ANNUAL REPORT.—Not later than December 31 

6 of each year after 2008 in which the authority in sub7 section (a) is in effect, the Secretary of Defense shall sub8 mit to the congressional defense committees a report set9 ting forth, for the one-year period ending on the date of 

10 such report, the following: 

11 ‘‘(1) An assessment of the effect on counter12 drug and counter-terrorism activities and objectives 

13 of using counter-drug funds of a joint task force to 

14 provide counterterrorism support authorized by sub15 section (a). 

16 ‘‘(2) A description of the type of support and 

17 any recipient of support provided under subsection 

18 (a). 

19 ‘‘(3) A list of current joint task forces con20 ducting counter-drug operations.’’. 


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1 SEC. 1023. ONE-YEAR EXTENSION OF AUTHORITY TO SUP2 PORT UNIFIED COUNTER-DRUG AND 

3 COUNTERTERRORISM CAMPAIGN IN COLOM4 BIA. 

5 Section 1021 of the Ronald W. Reagan National De6 fense Authorization Act for Fiscal Year 2005 (Public Law 

7 108–375; 118 Stat. 2042), as amended by section 1023 

8 of the John Warner National Defense Authorization Act 

9 for Fiscal Year 2007 (Public Law 109–364; 120 Stat. 

10 2382) and section 1023 of the Duncan Hunter National 

11 Defense Authorization Act for Fiscal Year 2009 (Public 

12 Law 110–417; 122 Stat. 4586), is further amended— 

13 (1) in subsection (a)(1), by striking ‘‘2009’’ and 

14 inserting ‘‘2010’’; and 

15 (2) in subsection (c), by striking ‘‘2009’’ and 

16 inserting ‘‘2010’’. 

17 Subtitle D—Military Commissions 

18 SEC. 1031. MILITARY COMMISSIONS. 

19 (a) IN GENERAL.—Chapter 47A of title 10, United 

20 States Code, is amended to read as follows: 

21 ‘‘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. Sentences ............................................................................................ 949s. 

‘‘VI. Post-Trial Procedure and Review of Military Commissions ............. 950a. 

‘‘VII. Punitive Matters ............................................................................. 950p. 


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1 ‘‘SUBCHAPTER I—GENERAL PROVISIONS 

‘‘Sec. 

‘‘948a. Definitions. 

‘‘948b. Military commissions generally. 

‘‘948c. Persons subject to military commissions. 

‘‘948d. Jurisdiction of military commissions. 

2 ‘‘§ 948a. Definitions 

3 ‘‘In this chapter: 

4 ‘‘(1) ALIEN.—The term ‘alien’ means an indi5 vidual who is not a citizen of the United States. 

6 ‘‘(2) CLASSIFIED INFORMATION.—The term 

7 ‘classified information’ means the following: 

8 ‘‘(A) Any information or material that has 

9 been determined by the United States Govern10 ment pursuant to statute, Executive order, or 

11 regulation to require protection against unau12 thorized disclosure for reasons of national secu13 rity. 

14 ‘‘(B) Any restricted data, as that term is 

15 defined in section 11 y. of the Atomic Energy 

16 Act of 1954 (42 U.S.C. 2014(y)). 

17 ‘‘(3) COALITION PARTNER.—The term ‘coalition 

18 partner’, with respect to hostilities engaged in by the 

19 United States, means any State or armed force di20 rectly engaged along with the United States in such 

21 hostilities or providing direct operational support to 

22 the United States in connection with such hostilities. 


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1 ‘‘(4) GENEVA CONVENTION RELATIVE TO THE

2 TREATMENT OF PRISONERS OF WAR.—The term 

3 ‘Geneva Convention Relative to the Treatment of 

4 Prisoners of War’ means the Convention Relative to 

5 the Treatment of Prisoners of War, done at Geneva 

6 August 12, 1949 (6 UST 3316). 

7 ‘‘(5) GENEVA CONVENTIONS.—The term ‘Gene8 va Conventions’ means the international conventions 

9 signed at Geneva on August 12, 1949. 

10 ‘‘(6) PRIVILEGED BELLIGERENT.—The term 

11 ‘privileged belligerent’ means an individual belonging 

12 to one of the eight categories enumerated in Article 

13 4 of the Geneva Convention Relative to the Treat14 ment of Prisoners of War. 

15 ‘‘(7) UNPRIVILEGED ENEMY BELLIGERENT.— 

16 The term ‘unprivileged enemy belligerent’ means an 

17 individual (other than a privileged belligerent) who— 

18 ‘‘(A) has engaged in hostilities against the 

19 United States or its coalition partners; or 

20 ‘‘(B) has purposefully and materially sup21 ported hostilities against the United States or 

22 its coalition partners. 

23 ‘‘§ 948b. Military commissions generally 

24 ‘‘(a) PURPOSE.—This chapter establishes procedures 

25 governing the use of military commissions to try alien 


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1 unprivileged enemy belligerents for violations of the law 

2 of war and other offenses triable by military commission. 

3 ‘‘(b) AUTHORITY FOR MILITARY COMMISSIONS

4 UNDER THIS CHAPTER.—The President is authorized to 

5 establish military commissions under this chapter for of6 fenses triable by military commission as provided in this 

7 chapter. 

8 ‘‘(c) CONSTRUCTION OF PROVISIONS.—The proce9 dures for military commissions set forth in this chapter 

10 are based upon the procedures for trial by general courts11 martial under chapter 47 of this title (the Uniform Code 

12 of Military Justice). Chapter 47 of this title does not, by 

13 its terms, apply to trial by military commission except as 

14 specifically provided therein or in this chapter, and many 

15 of the provisions of chapter 47 of this title are by their 

16 terms inapplicable to military commissions. The judicial 

17 construction and application of chapter 47 of this title, 

18 while instructive, is therefore not of its own force binding 

19 on military commissions established under this chapter. 

20 ‘‘(d) INAPPLICABILITY OF CERTAIN PROVISIONS.— 

21 (1) The following provisions of this title shall not apply 

22 to trial by military commission under this chapter: 

23 ‘‘(A) Section 810 (article 10 of the Uniform 

24 Code of Military Justice), relating to speedy trial, 


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1 including any rule of courts-martial relating to 

2 speedy trial. 

3 ‘‘(B) Sections 831(a), (b), and (d) (articles 

4 31(a), (b), and (d) of the Uniform Code of Military 

5 Justice), relating to compulsory self-incrimination. 

6 ‘‘(C) Section 832 (article 32 of the Uniform 

7 Code of Military Justice), relating to pretrial inves8 tigation. 

9 ‘‘(2) Other provisions of chapter 47 of this title shall 

10 apply to trial by military commission under this chapter 

11 only to the extent provided by the terms of such provisions 

12 or by this chapter. 

13 ‘‘(e) TREATMENT OF RULINGS AND PRECEDENTS.— 

14 The findings, holdings, interpretations, and other prece15 dents of military commissions under this chapter may not 

16 be introduced or considered in any hearing, trial, or other 

17 proceeding of a court-martial convened under chapter 47 

18 of this title. The findings, holdings, interpretations, and 

19 other precedents of military commissions under this chap20 ter may not form the basis of any holding, decision, or 

21 other determination of a court-martial convened under 

22 that chapter. 

23 ‘‘(f) GENEVA CONVENTIONS NOT ESTABLISHING

24 PRIVATE RIGHT OF ACTION.—No alien unprivileged 

25 enemy belligerent subject to trial by military commission 


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1 under this chapter may invoke the Geneva Conventions as 

2 a basis for a private right of action. 

3 ‘‘§ 948c. Persons subject to military commissions 

4 ‘‘Any alien unprivileged enemy belligerent having en5 gaged in hostilities or having supported hostilities against 

6 the United States is subject to trial by military commis7 sion as set forth in this chapter. 

8 ‘‘§ 948d. Jurisdiction of military commissions 

9 ‘‘A military commission under this chapter shall have 

10 jurisdiction to try persons subject to this chapter for any 

11 offense made punishable by this chapter, sections 904 and 

12 906 of this title (articles 104 and 106 of the Uniform Code 

13 of Military Justice), or the law of war, and may, under 

14 such limitations as the President may prescribe, adjudge 

15 any punishment not forbidden by this chapter, including 

16 the penalty of death when specifically authorized under 

17 this chapter. A military commission is a competent tri18 bunal to make a finding sufficient for jurisdiction. 

19 ‘‘SUBCHAPTER II—COMPOSITION OF MILITARY 

20 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. 


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1 ‘‘§ 948h. Who may convene military commissions 

2 ‘‘Military commissions under this chapter may be 

3 convened by the Secretary of Defense or by any officer 

4 or official of the United States designated by the Secretary 

5 for that purpose. 

6 ‘‘§ 948i. Who may serve on military commissions 

7 ‘‘(a) IN GENERAL.—Any commissioned officer of the 

8 armed forces on active duty is eligible to serve on a mili9 tary commission under this chapter, including commis10 sioned officers of the reserve components of the armed 

11 forces on active duty, commissioned officers of the Na12 tional Guard on active duty in Federal service, or retired 

13 commissioned officers recalled to active duty. 

14 ‘‘(b) DETAIL OF MEMBERS.—When convening a mili15 tary commission under this chapter, the convening author16 ity shall detail as members thereof such members of the 

17 armed forces eligible under subsection (a) who, as in the 

18 opinion of the convening authority, are best qualified for 

19 the duty by reason of age, education, training, experience, 

20 length of service, and judicial temperament. No member 

21 of an armed force is eligible to serve as a member of a 

22 military commission when such member is the accuser or 

23 a witness for the prosecution or has acted as an investi24 gator or counsel in the same case. 

25 ‘‘(c) EXCUSE OF MEMBERS.—Before a military com26 mission under this chapter is assembled for the trial of 


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1 a case, the convening authority may excuse a member 

2 from participating in the case. 

3 ‘‘§ 948j. Military judge of a military commission 

4 ‘‘(a) DETAIL OF MILITARY JUDGE.—A military judge 

5 shall be detailed to each military commission under this 

6 chapter. The Secretary of Defense shall prescribe regula7 tions providing for the manner in which military judges 

8 are so detailed to military commissions. The military judge 

9 shall preside over each military commission to which he 

10 has been detailed. 

11 ‘‘(b) ELIGIBILITY.—A military judge shall be a com12 missioned officer of the armed forces who is a member 

13 of the bar of a Federal court, or a member of the bar 

14 of the highest court of a State, and who is certified to 

15 be qualified for duty under section 826 of this title (article 

16 26 of the Uniform Code of Military Justice) as a military 

17 judge in general courts-martial by the Judge Advocate 

18 General of the armed force of which such military judge 

19 is a member. 

20 ‘‘(c) INELIGIBILITY OF CERTAIN INDIVIDUALS.—No 

21 person is eligible to act as military judge in a case of a 

22 military commission under this chapter if he is the accuser 

23 or a witness or has acted as investigator or a counsel in 

24 the same case. 


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1 ‘‘(d) CONSULTATION WITH MEMBERS; INELIGI2 BILITY TO VOTE.—A military judge detailed to a military 

3 commission under this chapter may not consult with the 

4 members except in the presence of the accused (except as 

5 otherwise provided in section 949d of this title), trial coun6 sel, and defense counsel, nor may he vote with the mem7 bers. 

8 ‘‘(e) OTHER DUTIES.—A commissioned officer who 

9 is certified to be qualified for duty as a military judge of 

10 a military commission under this chapter may perform 

11 such other duties as are assigned to him by or with the 

12 approval of the Judge Advocate General of the armed 

13 force of which such officer is a member or the designee 

14 of such Judge Advocate General. 

15 ‘‘(f) PROHIBITION ON EVALUATION OF FITNESS BY

16 CONVENING AUTHORITY.—The convening authority of a 

17 military commission under this chapter shall not prepare 

18 or review any report concerning the effectiveness, fitness, 

19 or efficiency of a military judge detailed to the military 

20 commission which relates to his performance of duty as 

21 a military judge on the military commission. 

22 ‘‘§ 948k. Detail of trial counsel and defense counsel 

23 ‘‘(a) DETAIL OF COUNSEL GENERALLY.—(1) Trial 

24 counsel and military defense counsel shall be detailed for 

25 each military commission under this chapter. 


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1 ‘‘(2) Assistant trial counsel and assistant and asso2 ciate defense counsel may be detailed for a military com3 mission under this chapter. 

4 ‘‘(3) Military defense counsel for a military commis5 sion under this chapter shall be detailed as soon as prac6 ticable. 

7 ‘‘(4) The Secretary of Defense shall prescribe regula8 tions providing for the manner in which trial counsel and 

9 military defense counsel are detailed for military commis10 sions under this chapter and for the persons who are au11 thorized to detail such counsel for such military commis12 sions. 

13 ‘‘(b) TRIAL COUNSEL.—Subject to subsection (e), 

14 trial counsel detailed for a military commission under this 

15 chapter must be— 

16 ‘‘(1) a judge advocate (as that term is defined 

17 in section 801 of this title (article 1 of the Uniform 

18 Code of Military Justice)) who is— 

19 ‘‘(A) a graduate of an accredited law 

20 school or is a member of the bar of a Federal 

21 court or of the highest court of a State; and 

22 ‘‘(B) certified as competent to perform du23 ties as trial counsel before general courts-mar24 tial by the Judge Advocate General of the 

25 armed force of which he is a member; or 


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1 ‘‘(2) a civilian who is— 

2 ‘‘(A) a member of the bar of a Federal 

3 court or of the highest court of a State; and 

4 ‘‘(B) otherwise qualified to practice before 

5 the military commission pursuant to regulations 

6 prescribed by the Secretary of Defense. 

7 ‘‘(c) MILITARY DEFENSE COUNSEL.—Subject to sub8 section (e), military defense counsel detailed for a military 

9 commission under this chapter must be a judge advocate 

10 (as so defined) who is— 

11 ‘‘(1) a graduate of an accredited law school or 

12 is a member of the bar of a Federal court or of the 

13 highest court of a State; and 

14 ‘‘(2) certified as competent to perform duties as 

15 defense counsel before general courts-martial by the 

16 Judge Advocate General of the armed force of which 

17 he is a member. 

18 ‘‘(d) CHIEF PROSECUTOR; CHIEF DEFENSE COUN19 SEL.—(1) The Chief Prosecutor in a military commission 

20 under this chapter shall meet the requirements set forth 

21 in subsection (b)(1). 

22 ‘‘(2) The Chief Defense Counsel in a military com23 mission under this chapter shall meet the requirements set 

24 forth in subsection (c)(1). 


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1 ‘‘(e) INELIGIBILITY OF CERTAIN INDIVIDUALS.—No 

2 person who has acted as an investigator, military judge, 

3 or member of a military commission under this chapter 

4 in any case may act later as trial counsel or military de5 fense counsel in the same case. No person who has acted 

6 for the prosecution before a military commission under 

7 this chapter may act later in the same case for the de8 fense, nor may any person who has acted for the defense 

9 before a military commission under this chapter act later 

10 in the same case for the prosecution. 

11 ‘‘§ 948l. Detail or employment of reporters and inter12 preters 

13 ‘‘(a) COURT REPORTERS.—Under such regulations 

14 as the Secretary of Defense may prescribe, the convening 

15 authority of a military commission under this chapter 

16 shall detail to or employ for the military commission quali17 fied court reporters, who shall prepare a verbatim record 

18 of the proceedings of and testimony taken before the mili19 tary commission. 

20 ‘‘(b) INTERPRETERS.—Under such regulations as the 

21 Secretary of Defense may prescribe, the convening author22 ity of a military commission under this chapter may detail 

23 to or employ for the military commission interpreters who 

24 shall interpret for the military commission, and, as necVerDate Nov 24 2008 23:21 Jul 02, 2009 Jkt 059200 PO 00000 Frm 00328 Fmt 6652 Sfmt 6201 E:\BILLS\S1391.PCS S1391

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1 essary, for trial counsel and defense counsel for the mili2 tary commission, and for the accused. 

3 ‘‘(c) TRANSCRIPT; RECORD.—The transcript of a 

4 military commission under this chapter shall be under the 

5 control of the convening authority of the military commis6 sion, who shall also be responsible for preparing the record 

7 of the proceedings of the military commission. 

8 ‘‘§ 948m. Number of members; excuse of members; ab9 sent and additional members 

10 ‘‘(a) NUMBER OF MEMBERS.—(1) A military com11 mission under this chapter shall, except as provided in 

12 paragraph (2), have at least five members. 

13 ‘‘(2) In a case in which the accused before a military 

14 commission under this chapter may be sentenced to a pen15 alty of death, the military commission shall have the num16 ber of members prescribed by section 949m(c) of this title. 

17 ‘‘(b) EXCUSE OF MEMBERS.—No member of a mili18 tary commission under this chapter may be absent or ex19 cused after the military commission has been assembled 

20 for the trial of a case unless excused— 

21 ‘‘(1) as a result of challenge; 

22 ‘‘(2) by the military judge for physical disability 

23 or other good cause; or 

24 ‘‘(3) by order of the convening authority for 

25 good cause. 


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1 ‘‘(c) ABSENT AND ADDITIONAL MEMBERS.—When2 ever a military commission under this chapter is reduced 

3 below the number of members required by subsection (a), 

4 the trial may not proceed unless the convening authority 

5 details new members sufficient to provide not less than 

6 such number. The trial may proceed with the new mem7 bers present after the recorded evidence previously intro8 duced before the members has been read to the military 

9 commission in the presence of the military judge, the ac10 cused (except as provided in section 949d of this title), 

11 and counsel for both sides. 

12 ‘‘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. 

13 ‘‘§ 948q. Charges and specifications 

14 ‘‘(a) CHARGES AND SPECIFICATIONS.—Charges and 

15 specifications against an accused in a military commission 

16 under this chapter shall be signed by a person subject to 

17 chapter 47 of this title under oath before a commissioned 

18 officer of the armed forces authorized to administer oaths 

19 and shall state— 

20 ‘‘(1) that the signer has personal knowledge of, 

21 or reason to believe, the matters set forth therein; 

22 and 


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1 ‘‘(2) that they are true in fact to the best of his 

2 knowledge and belief. 

3 ‘‘(b) NOTICE TO ACCUSED.—Upon the swearing of 

4 the charges and specifications in accordance with sub5 section (a), the accused shall be informed of the charges 

6 and specifications against him as soon as practicable. 

7 ‘‘§ 948r. Compulsory self-incrimination prohibited; 

8 statements obtained by torture or cruel, 

9 inhuman, or degrading treatment 

10 ‘‘(a) IN GENERAL.—No person shall be required to 

11 testify against himself at a proceeding of a military com12 mission under this chapter. 

13 ‘‘(b) STATEMENTS OBTAINED BY TORTURE.—A 

14 statement obtained by use of torture, whether or not under 

15 color of law, shall not be admissible in a trial by military 

16 commission under this chapter, except against a person 

17 accused of torture as evidence the statement was made. 

18 ‘‘(c) STATEMENTS OBTAINED THROUGH CRUEL, IN19 HUMAN, OR DEGRADING TREATMENT.—A statement in 

20 which the degree of coercion is disputed may be admissible 

21 in a trial by military commission under this chapter only 

22 if the military judge finds that— 

23 ‘‘(1) the totality of the circumstances renders 

24 the statement reliable and possessing sufficient pro25 bative value; 


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1 ‘‘(2) the interests of justice would best be 

2 served by admission of the statement into evidence; 

3 and 

4 ‘‘(3) the interrogation methods used to obtain 

5 the statement do not amount to cruel, inhuman, or 

6 degrading treatment prohibited by section 1003 of 

7 the Detainee Treatment Act of 2005 (42 U.S.C. 

8 2000dd). 

9 ‘‘§ 948s. Service of charges 

10 ‘‘The trial counsel assigned to a case before a military 

11 commission under this chapter shall cause to be served 

12 upon the accused and military defense counsel a copy of 

13 the charges upon which trial is to be had in English and, 

14 if appropriate, in another language that the accused un15 derstands, sufficiently in advance of trial to prepare a de16 fense. 

17 ‘‘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. 


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1 ‘‘§ 949a. Rules 

2 ‘‘(a) PROCEDURES AND RULES OF EVIDENCE.—Pre3 trial, trial, and post-trial procedures, including elements 

4 and modes of proof, for cases triable by military commis5 sion under this chapter may be prescribed by the Secretary 

6 of Defense. Such procedures may not be contrary to or 

7 inconsistent with this chapter. Except as otherwise pro8 vided in this chapter or chapter 47 of this title, the proce9 dures and rules of evidence applicable in trials by general 

10 courts-martial of the United States shall apply in trials 

11 by military commission under this chapter. 

12 ‘‘(b) EXCEPTIONS.—(1) The Secretary of Defense, in 

13 consultation with the Attorney General, may make such 

14 exceptions in the applicability in trials by military commis15 sion under this chapter from the procedures and rules of 

16 evidence otherwise applicable in general courts-martial as 

17 may be required by the unique circumstances of the con18 duct of military and intelligence operations during hos19 tilities or by other practical need. 

20 ‘‘(2) Notwithstanding any exceptions authorized by 

21 paragraph (1), the procedures and rules of evidence in 

22 trials by military commission under this chapter shall in23 clude, at a minimum, the following rights: 

24 ‘‘(A) To present evidence in his defense, to 

25 cross-examine the witnesses who testify against him, 

26 and to examine and respond to all evidence admitted 


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1 against him on the issue of guilt or innocence and 

2 for sentencing, as provided for by this chapter. 

3 ‘‘(B) To be present at all sessions of the mili4 tary commission (other than those for deliberations 

5 or voting), except when excluded under section 949d 

6 of this title. 

7 ‘‘(C) To be represented before a military com8 mission by civilian counsel if provided at no expense 

9 to the Government, and by either the defense coun10 sel detailed or by military counsel of the accused’s 

11 own selection, if reasonably available. 

12 ‘‘(D) To self-representation, if the accused 

13 knowingly and competently waives the assistance of 

14 counsel, subject to the provisions of paragraph (4). 

15 ‘‘(E) To the suppression of evidence that is not 

16 reliable or probative. 

17 ‘‘(F) To the suppression of evidence the pro18 bative value of which is substantially outweighed 

19 by— 

20 ‘‘(i) the danger of unfair prejudice, confu21 sion of the issues, or misleading the members; 

22 or 

23 ‘‘(ii) considerations of undue delay, waste 

24 of time, or needless presentation of cumulative 

25 evidence. 


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1 ‘‘(3) In making exceptions in the applicability in 

2 trials by military commission under this chapter from the 

3 procedures and rules otherwise applicable in general 

4 courts-martial, the Secretary of Defense may provide the 

5 following: 

6 ‘‘(A) Evidence seized outside the United States 

7 shall not be excluded from trial by military commis8 sion on the grounds that the evidence was not seized 

9 pursuant to a search warrant or authorization. 

10 ‘‘(B) A statement of the accused that is other11 wise admissible shall not be excluded from trial by 

12 military commission on grounds of alleged coercion 

13 or compulsory self-incrimination so long as the evi14 dence complies with the provisions of section 948r of 

15 this title. 

16 ‘‘(C) Evidence shall be admitted as authentic so 

17 long as— 

18 ‘‘(i) the military judge of the military com19 mission determines that there is sufficient evi20 dence that the evidence is what it is claimed to 

21 be; and 

22 ‘‘(ii) the military judge instructs the mem23 bers that they may consider any issue as to au24 thentication or identification of evidence in deVerDate Nov 24 2008 23:21 Jul 02, 2009 Jkt 059200 PO 00000 Frm 00335 Fmt 6652 Sfmt 6201 E:\BILLS\S1391.PCS S1391

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1 termining the weight, if any, to be given to the 

2 evidence. 

3 ‘‘(D) Hearsay evidence not otherwise admissible 

4 under the rules of evidence applicable in trial by 

5 general courts-martial may be admitted in a trial by 

6 military commission only if— 

7 ‘‘(i) the proponent of the evidence makes 

8 known to the adverse party, sufficiently in ad9 vance to provide the adverse party with a fair 

10 opportunity to meet the evidence, the pro11 ponent’s intention to offer the evidence, and the 

12 particulars of the evidence (including informa13 tion on the circumstances under which the evi14 dence was obtained); and 

15 ‘‘(ii) the military judge, after taking into 

16 account all of the circumstances surrounding 

17 the taking of the statement, the degree to which 

18 the statement is corroborated, and the indicia 

19 of reliability within the statement itself, deter20 mines that— 

21 ‘‘(I) the statement is offered as evi22 dence of a material fact; 

23 ‘‘(II) either— 

24 ‘‘(aa) direct testimony from the 

25 witness is not available as a practical 


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1 matter, taking into consideration the 

2 physical location of the witness and 

3 the unique circumstances of the con4 duct of military and intelligence oper5 ations during hostilities; or 

6 ‘‘(bb) the production of the wit7 ness would have an adverse impact on 

8 military or intelligence operations; and 

9 ‘‘(III) the general purposes of the 

10 rules of evidence and the interests of jus11 tice will best be served by admission of the 

12 statement into evidence. 

13 ‘‘(4)(A) The accused in a military commission under 

14 this chapter who exercises the right to self-representation 

15 under paragraph (2)(D) shall conform his deportment and 

16 the conduct of the defense to the rules of evidence, proce17 dure, and decorum applicable to trials by military commis18 sion. 

19 ‘‘(B) Failure of the accused to conform to the rules 

20 described in subparagraph (A) may result in a partial or 

21 total revocation by the military judge of the right of self22 representation under paragraph (2)(D). In such case, the 

23 military counsel of the accused or an appropriately author24 ized civilian counsel shall perform the functions necessary 

25 for the defense. 


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1 ‘‘(c) DELEGATION OF AUTHORITY TO PRESCRIBE

2 REGULATIONS.—The Secretary of Defense may delegate 

3 the authority of the Secretary to prescribe regulations 

4 under this chapter. 

5 ‘‘§ 949b. Unlawfully influencing action of military 

6 commission 

7 ‘‘(a) IN GENERAL.—(1) No authority convening a 

8 military commission under this chapter may censure, rep9 rimand, or admonish the military commission, or any 

10 member, military judge, or counsel thereof, with respect 

11 to the findings or sentence adjudged by the military com12 mission, or with respect to any other exercises of its or 

13 their functions in the conduct of the proceedings. 

14 ‘‘(2) No person may attempt to coerce or, by any un15 authorized means, influence— 

16 ‘‘(A) the action of a military commission under 

17 this chapter, or any member thereof, in reaching the 

18 findings or sentence in any case; 

19 ‘‘(B) the action of any convening, approving, or 

20 reviewing authority with respect to their judicial 

21 acts; or 

22 ‘‘(C) the exercise of professional judgment by 

23 trial counsel or defense counsel. 

24 ‘‘(3) The provisions of this subsection shall not apply 

25 with respect to— 


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1 ‘‘(A) general instructional or informational 

2 courses in military justice if such courses are de3 signed solely for the purpose of instructing members 

4 of a command in the substantive and procedural as5 pects of military commissions; or 

6 ‘‘(B) statements and instructions given in open 

7 proceedings by a military judge or counsel. 

8 ‘‘(b) PROHIBITION ON CONSIDERATION OF ACTIONS

9 ON COMMISSION IN EVALUATION OF FITNESS.—In the 

10 preparation of an effectiveness, fitness, or efficiency report 

11 or any other report or document used in whole or in part 

12 for the purpose of determining whether a commissioned 

13 officer of the armed forces is qualified to be advanced in 

14 grade, or in determining the assignment or transfer of any 

15 such officer or whether any such officer should be retained 

16 on active duty, no person may— 

17 ‘‘(1) consider or evaluate the performance of 

18 duty of any member of a military commission under 

19 this chapter; or 

20 ‘‘(2) give a less favorable rating or evaluation 

21 to any commissioned officer because of the zeal with 

22 which such officer, in acting as counsel, represented 

23 any accused before a military commission under this 

24 chapter. 


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1 ‘‘§ 949c. Duties of trial counsel and defense counsel 

2 ‘‘(a) TRIAL COUNSEL.—The trial counsel of a mili3 tary commission under this chapter shall prosecute in the 

4 name of the United States. 

5 ‘‘(b) DEFENSE COUNSEL.—(1) The accused shall be 

6 represented in his defense before a military commission 

7 under this chapter as provided in this subsection. 

8 ‘‘(2) The accused may be represented by military 

9 counsel detailed under section 948k of this title or by mili10 tary counsel of the accused’s own selection, if reasonably 

11 available. 

12 ‘‘(3) The accused may be represented by civilian 

13 counsel if retained by the accused, provided that such civil14 ian counsel— 

15 ‘‘(A) is a United States citizen; 

16 ‘‘(B) is admitted to the practice of law in a 

17 State, district, or possession of the United States, or 

18 before a Federal court; 

19 ‘‘(C) has not been the subject of any sanction 

20 of disciplinary action by any court, bar, or other 

21 competent governmental authority for relevant mis22 conduct; 

23 ‘‘(D) has been determined to be eligible for ac24 cess to information classified at the level Secret or 

25 higher; and 


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1 ‘‘(E) has signed a written agreement to comply 

2 with all applicable regulations or instructions for 

3 counsel, including any rules of court for conduct 

4 during the proceedings. 

5 ‘‘(4) If the accused is represented by civilian counsel, 

6 military counsel shall act as associate counsel. 

7 ‘‘(5) The accused is not entitled to be represented by 

8 more than one military counsel. However, the person au9 thorized under regulations prescribed under section 948k 

10 of this title to detail counsel, in such person’s sole discre11 tion, may detail additional military counsel to represent 

12 the accused. 

13 ‘‘(6) Defense counsel may cross-examine each witness 

14 for the prosecution who testifies before a military commis15 sion under this chapter. 

16 ‘‘(7) Civilian defense counsel shall protect any classi17 fied information received during the course of representa18 tion of the accused in accordance with all applicable law 

19 governing the protection of classified information, and 

20 may not divulge such information to any person not au21 thorized to receive it. 

22 ‘‘§ 949d. Sessions 

23 ‘‘(a) SESSIONS WITHOUT PRESENCE OF MEM24 BERS.—(1) At any time after the service of charges which 

25 have been referred for trial by military commission under 


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1 this chapter, the military judge may call the military com2 mission into session without the presence of the members 

3 for the purpose of— 

4 ‘‘(A) hearing and determining motions raising 

5 defenses or objections which are capable of deter6 mination without trial of the issues raised by a plea 

7 of not guilty; 

8 ‘‘(B) hearing and ruling upon any matter which 

9 may be ruled upon by the military judge under this 

10 chapter, whether or not the matter is appropriate for 

11 later consideration or decision by the members; 

12 ‘‘(C) if permitted by regulations prescribed by 

13 the Secretary of Defense, receiving the pleas of the 

14 accused; and 

15 ‘‘(D) performing any other procedural function 

16 which may be performed by the military judge under 

17 this chapter or under rules prescribed pursuant to 

18 section 949a of this title and which does not require 

19 the presence of the members. 

20 ‘‘(2) Except as provided in subsections (b), (c), and 

21 (d), any proceedings under paragraph (1) shall be con22 ducted in the presence of the accused, defense counsel, and 

23 trial counsel, and shall be made part of the record. 


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1 ‘‘(b) DELIBERATION OR VOTE OF MEMBERS.—When 

2 the members of a military commission under this chapter 

3 deliberate or vote, only the members may be present. 

4 ‘‘(c) CLOSURE OF PROCEEDINGS.—(1) The military 

5 judge may close to the public all or part of the proceedings 

6 of a military commission under this chapter. 

7 ‘‘(2) The military judge may close to the public all 

8 or a portion of the proceedings under paragraph (1) only 

9 upon making a specific finding that such closure is nec10 essary to— 

11 ‘‘(A) protect information the disclosure of which 

12 could reasonably be expected to cause damage to the 

13 national security, including intelligence or law en14 forcement sources, methods, or activities; or 

15 ‘‘(B) ensure the physical safety of individuals. 

16 ‘‘(3) A finding under paragraph (2) may be based 

17 upon a presentation, including a presentation ex parte or 

18 in camera, by either trial counsel or defense counsel. 

19 ‘‘(4)(A) Subject to the provisions of this paragraph, 

20 classified information shall be handled in accordance with 

21 rules applicable in trials by general courts-martial of the 

22 United States. 

23 ‘‘(B) Classified information shall be protected and is 

24 privileged from disclosure if disclosure would be detri25 mental to the national security. Under no circumstances 


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1 may a military judge order the release of classified infor2 mation to any person not authorized to receive such infor3 mation. This subparagraph applies to all stages of pro4 ceedings of military commissions under this chapter. 

5 ‘‘(C) After the original classification authority or 

6 head of the agency concerned has certified in writing that 

7 evidence and the sources thereof have been declassified to 

8 the maximum extent possible, consistent with the require9 ments of national security, the military judge may, to the 

10 extent practicable in accordance with the rules applicable 

11 in trials by court-martial, authorize— 

12 ‘‘(i) the deletion of specified items of classified 

13 information from documents sought by or made 

14 available to the accused; 

15 ‘‘(ii) the substitution of a portion or summary 

16 of the information for such classified documents; or 

17 ‘‘(iii) the substitution of a statement admitting 

18 relevant facts that the classified information would 

19 tend to prove. 

20 ‘‘(D) The military judge shall order the use of a 

21 statement, portion, or summary under subparagraph (C) 

22 if the military judge determines that the use of the state23 ment, portion, or summary is consistent with affording the 

24 accused a fair trial. 


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1 ‘‘(E) A claim of privilege under this paragraph, and 

2 any materials in support thereof, shall, upon the request 

3 of the Government, be considered by the military judge 

4 in camera and shall not be disclosed to the accused. Such 

5 a claim may be considered on an ex parte basis, at the 

6 discretion of the military judge. 

7 ‘‘(F) A certification of declassification by the original 

8 classification authority or head of an agency pursuant to 

9 subparagraph (C) shall not be subject to review by a mili10 tary commission or upon appeal. 

11 ‘‘(d) EXCLUSION OF ACCUSED FROM CERTAIN PRO12 CEEDINGS.—The military judge may exclude the accused 

13 from any portion of a proceeding upon a determination 

14 that, after being warned by the military judge, the accused 

15 persists in conduct that justifies exclusion from the court16 room— 

17 ‘‘(1) to ensure the physical safety of individuals; 

18 or 

19 ‘‘(2) to prevent disruption of the proceedings by 

20 the accused. 

21 ‘‘§ 949e. Continuances 

22 ‘‘The military judge in a military commission under 

23 this chapter may, for reasonable cause, grant a continu24 ance to any party for such time, and as often, as may 

25 appear to be just. 


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1 ‘‘§ 949f. Challenges 

2 ‘‘(a) CHALLENGES AUTHORIZED.—The military 

3 judge and members of a military commission under this 

4 chapter may be challenged by the accused or trial counsel 

5 for cause stated to the military commission. The military 

6 judge shall determine the relevance and validity of chal7 lenges for cause, and may not receive a challenge to more 

8 than one person at a time. Challenges by trial counsel 

9 shall ordinarily be presented and decided before those by 

10 the accused are offered. 

11 ‘‘(b) PEREMPTORY CHALLENGES.—The accused and 

12 trial counsel are each entitled to one peremptory challenge, 

13 but the military judge may not be challenged except for 

14 cause. 

15 ‘‘(c) CHALLENGES AGAINST ADDITIONAL MEM16 BERS.—Whenever additional members are detailed to a 

17 military commission under this chapter, and after any 

18 challenges for cause against such additional members are 

19 presented and decided, the accused and trial counsel are 

20 each entitled to one peremptory challenge against mem21 bers not previously subject to peremptory challenge. 

22 ‘‘§ 949g. Oaths 

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1 sel, reporters, and interpreters shall take an oath to per2 form their duties faithfully. 

3 ‘‘(2) The form of the oath required by paragraph (1), 

4 the time and place of the taking thereof, the manner of 

5 recording thereof, and whether the oath shall be taken for 

6 all cases in which duties are to be performed or for a par7 ticular case, shall be as provided in regulations prescribed 

8 by the Secretary of Defense. The regulations may provide 

9 that— 

10 ‘‘(A) an oath to perform faithfully duties as a 

11 military judge, trial counsel, or defense counsel may 

12 be taken at any time by any judge advocate or other 

13 person certified to be qualified or competent for the 

14 duty; and 

15 ‘‘(B) if such an oath is taken, such oath need 

16 not again be taken at the time the judge advocate 

17 or other person is detailed to that duty. 

18 ‘‘(b) WITNESSES.—Each witness before a military 

19 commission under this chapter shall be examined on oath. 

20 ‘‘(c) OATH DEFINED.—In this section, the term 

21 ‘oath’ includes an affirmation. 

22 ‘‘§ 949h. Former jeopardy 

23 ‘‘(a) IN GENERAL.—No person may, without his con24 sent, be tried by a military commission under this chapter 

25 a second time for the same offense. 


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1 ‘‘(b) SCOPE OF TRIAL.—No proceeding in which the 

2 accused has been found guilty by military commission 

3 under this chapter upon any charge or specification is a 

4 trial in the sense of this section until the finding of guilty 

5 has become final after review of the case has been fully 

6 completed. 

7 ‘‘§ 949i. Pleas of the accused 

8 ‘‘(a) PLEA OF NOT GUILTY.—If an accused in a mili9 tary commission under this chapter after a plea of guilty 

10 sets up matter inconsistent with the plea, or if it appears 

11 that the accused has entered the plea of guilty through 

12 lack of understanding of its meaning and effect, or if the 

13 accused fails or refuses to plead, a plea of not guilty shall 

14 be entered in the record, and the military commission shall 

15 proceed as though the accused had pleaded not guilty. 

16 ‘‘(b) FINDING OF GUILT AFTER GUILTY PLEA.— 

17 With respect to any charge or specification to which a plea 

18 of guilty has been made by the accused in a military com19 mission under this chapter and accepted by the military 

20 judge, a finding of guilty of the charge or specification 

21 may be entered immediately without a vote. The finding 

22 shall constitute the finding of the military commission un23 less the plea of guilty is withdrawn prior to announcement 

24 of the sentence, in which event the proceedings shall con25 tinue as though the accused had pleaded not guilty. 


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1 ‘‘§ 949j. Opportunity to obtain witnesses and other 

2 evidence 

3 ‘‘(a) IN GENERAL.—(1) Defense counsel in a military 

4 commission under this chapter shall have a reasonable op5 portunity to obtain witnesses and other evidence as pro6 vided in regulations prescribed by the Secretary of De7 fense. 

8 ‘‘(2) Process issued in military commissions under 

9 this chapter to compel witnesses to appear and testify and 

10 to compel the production of other evidence— 

11 ‘‘(A) shall be similar to that which courts of the 

12 United States having criminal jurisdiction may law13 fully issue; and 

14 ‘‘(B) shall run to any place where the United 

15 States shall have jurisdiction thereof. 

16 ‘‘(b) DISCLOSURE OF EXCULPATORY EVIDENCE.— 

17 (1) As soon as practicable, trial counsel in a military com18 mission under this chapter shall disclose to the defense 

19 the existence of any evidence that reasonably tends to— 

20 ‘‘(A) negate the guilt of the accused of an of21 fense charged; or 

22 ‘‘(B) reduce the degree of guilt of the accused 

23 with respect to an offense charged. 

24 ‘‘(2) The trial counsel shall, as soon as practicable, 

25 disclose to the defense the existence of evidence that reaVerDate Nov 24 2008 23:21 Jul 02, 2009 Jkt 059200 PO 00000 Frm 00349 Fmt 6652 Sfmt 6201 E:\BILLS\S1391.PCS S1391

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1 sonably tends to impeach the credibility of a witness whom 

2 the government intends to call at trial. 

3 ‘‘(3) The trial counsel shall, as soon as practicable 

4 upon a finding of guilt, disclose to the defense the exist5 ence of evidence that is not subject to paragraph (1) or 

6 paragraph (2) but that reasonably may be viewed as miti7 gation evidence at sentencing. 

8 ‘‘(4) The disclosure obligations under this subsection 

9 encompass evidence that is known or reasonably should 

10 be known to any government officials who participated in 

11 the investigation and prosecution of the case against the 

12 defendant. 

13 ‘‘(5) Classified information falling within the scope 

14 of the disclosure requirements in this subsection shall be 

15 treated in accordance with the requirements of subsection 

16 (c). 

17 ‘‘(c) TREATMENT OF CERTAIN ITEMS.—(1) In ac18 cordance with the rules applicable in trials by general 

19 courts-martial in the United States, the military judge in 

20 a military commission under this chapter may authorize 

21 trial counsel, in making documents available to the ac22 cused pursuant to subsections (a) and (b)— 

23 ‘‘(A) to delete specified items of classified infor24 mation from such documents; 


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1 ‘‘(B) to substitute an unclassified summary of 

2 the classified information in such documents; or 

3 ‘‘(C) to substitute an unclassified statement ad4 mitting relevant facts that classified information in 

5 such documents would tend to prove. 

6 ‘‘(2) The military judge shall authorize the disclosure 

7 of a statement, portion, or summary under paragraph (1) 

8 if the military judge determines that the use of the state9 ment, portion, or summary is consistent with affording the 

10 accused a fair trial. 

11 ‘‘§ 949k. Defense of lack of mental responsibility 

12 ‘‘(a) AFFIRMATIVE DEFENSE.—It is an affirmative 

13 defense in a trial by military commission under this chap14 ter that, at the time of the commission of the acts consti15 tuting the offense, the accused, as a result of a severe 

16 mental disease or defect, was unable to appreciate the na17 ture and quality or the wrongfulness of the acts. Mental 

18 disease or defect does not otherwise constitute a defense. 

19 ‘‘(b) BURDEN OF PROOF.—The accused in a military 

20 commission under this chapter has the burden of proving 

21 the defense of lack of mental responsibility by clear and 

22 convincing evidence. 

23 ‘‘(c) FINDINGS FOLLOWING ASSERTION OF DE24 FENSE.—Whenever lack of mental responsibility of the ac25 cused with respect to an offense is properly at issue in 


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1 a military commission under this chapter, the military 

2 judge shall instruct the members as to the defense of lack 

3 of mental responsibility under this section and shall 

4 charge the members to find the accused— 

5 ‘‘(1) guilty; 

6 ‘‘(2) not guilty; or 

7 ‘‘(3) subject to subsection (d), not guilty by rea8 son of lack of mental responsibility. 

9 ‘‘(d) MAJORITY VOTE REQUIRED FOR FINDING.— 

10 The accused shall be found not guilty by reason of lack 

11 of mental responsibility under subsection (c)(3) only if a 

12 majority of the members present at the time the vote is 

13 taken determines that the defense of lack of mental re14 sponsibility has been established. 

15 ‘‘§ 949l. Voting and rulings 

16 ‘‘(a) VOTE BY SECRET WRITTEN BALLOT.—Voting 

17 by members of a military commission under this chapter 

18 on the findings and on the sentence shall be by secret writ19 ten ballot. 

20 ‘‘(b) RULINGS.—(1) The military judge in a military 

21 commission under this chapter shall rule upon all ques22 tions of law, including the admissibility of evidence and 

23 all interlocutory questions arising during the proceedings. 

24 ‘‘(2) Any ruling made by the military judge upon a 

25 question of law or an interlocutory question (other than 


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1 the factual issue of mental responsibility of the accused) 

2 is conclusive and constitutes the ruling of the military 

3 commission. However, a military judge may change his 

4 ruling at any time during the trial. 

5 ‘‘(c) INSTRUCTIONS PRIOR TO VOTE.—Before a vote 

6 is taken of the findings of a military commission under 

7 this chapter, the military judge shall, in the presence of 

8 the accused and counsel, instruct the members as to the 

9 elements of the offense and charge the members— 

10 ‘‘(1) that the accused must be presumed to be 

11 innocent until his guilt is established by legal and 

12 competent evidence beyond a reasonable doubt; 

13 ‘‘(2) that in the case being considered, if there 

14 is a reasonable doubt as to the guilt of the accused, 

15 the doubt must be resolved in favor of the accused 

16 and he must be acquitted; 

17 ‘‘(3) that, if there is reasonable doubt as to the 

18 degree of guilt, the finding must be in a lower de19 gree as to which there is no reasonable doubt; and 

20 ‘‘(4) that the burden of proof to establish the 

21 guilt of the accused beyond a reasonable doubt is 

22 upon the United States. 

23 ‘‘§ 949m. Number of votes required 

24 ‘‘(a) CONVICTION.—No person may be convicted by 

25 a military commission under this chapter of any offense, 


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1 except as provided in section 949i(b) of this title or by 

2 concurrence of two-thirds of the members present at the 

3 time the vote is taken. 

4 ‘‘(b) SENTENCES.—(1) Except as provided in para5 graphs (2) and (3), sentences shall be determined by a 

6 military commission by the concurrence of two-thirds of 

7 the members present at the time the vote is taken. 

8 ‘‘(2) No person may be sentenced to death by a mili9 tary commission, except insofar as— 

10 ‘‘(A) the penalty of death has been expressly 

11 authorized under this chapter, chapter 47 of this 

12 title, or the law of war for an offense of which the 

13 accused has been found guilty; 

14 ‘‘(B) trial counsel expressly sought the penalty 

15 of death by filing an appropriate notice in advance 

16 of trial; 

17 ‘‘(C) the accused was convicted of the offense 

18 by the concurrence of all the members present at the 

19 time the vote is taken; and 

20 ‘‘(D) all members present at the time the vote 

21 was taken concurred in the sentence of death. 

22 ‘‘(3) No person may be sentenced to life imprison23 ment, or to confinement for more than 10 years, by a mili24 tary commission under this chapter except by the concurVerDate Nov 24 2008 23:21 Jul 02, 2009 Jkt 059200 PO 00000 Frm 00354 Fmt 6652 Sfmt 6201 E:\BILLS\S1391.PCS S1391

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1 rence of three-fourths of the members present at the time 

2 the vote is taken. 

3 ‘‘(c) NUMBER OF MEMBERS REQUIRED FOR PEN4 ALTY OF DEATH.—(1) Except as provided in paragraph 

5 (2), in a case in which the penalty of death is sought, the 

6 number of members of the military commission under this 

7 chapter shall be not less than 12 members. 

8 ‘‘(2) In any case described in paragraph (1) in which 

9 12 members are not reasonably available for a military 

10 commission because of physical conditions or military ex11 igencies, the convening authority shall specify a lesser 

12 number of members for the military commission (but not 

13 fewer than 5 members), and the military commission may 

14 be assembled, and the trial held, with not less than the 

15 number of members so specified. In any such case, the 

16 convening authority shall make a detailed written state17 ment, to be appended to the record, stating why a greater 

18 number of members were not reasonably available. 

19 ‘‘§ 949n. Military commission to announce action 

20 ‘‘A military commission under this chapter shall an21 nounce its findings and sentence to the parties as soon 

22 as determined. 

23 ‘‘§ 949o. Record of trial 

24 ‘‘(a) RECORD; AUTHENTICATION.—Each military 

25 commission under this chapter shall keep a separate, verVerDate Nov 24 2008 23:21 Jul 02, 2009 Jkt 059200 PO 00000 Frm 00355 Fmt 6652 Sfmt 6201 E:\BILLS\S1391.PCS S1391

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1 batim, record of the proceedings in each case brought be2 fore it, and the record shall be authenticated by the signa3 ture of the military judge. If the record cannot be authen4 ticated by the military judge by reason of his death, dis5 ability, or absence, it shall be authenticated by the signa6 ture of the trial counsel or by a member if the trial counsel 

7 is unable to authenticate it by reason of his death, dis8 ability, or absence. Where appropriate, and as provided 

9 in regulations prescribed by the Secretary of Defense, the 

10 record of a military commission under this chapter may 

11 contain a classified annex. 

12 ‘‘(b) COMPLETE RECORD REQUIRED.—A complete 

13 record of the proceedings and testimony shall be prepared 

14 in every military commission under this chapter. 

15 ‘‘(c) PROVISION OF COPY TO ACCUSED.—A copy of 

16 the record of the proceedings of the military commission 

17 under this chapter shall be given the accused as soon as 

18 it is authenticated. If the record contains classified infor19 mation, or a classified annex, the accused shall receive a 

20 redacted version of the record consistent with the require21 ments of section 949d(c)(4) of this title. Defense counsel 

22 shall have access to the unredacted record, as provided 

23 in regulations prescribed by the Secretary of Defense. 

24 ‘‘SUBCHAPTER V—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 VI—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. Appeal 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 

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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. Appeal by the United States 

8 ‘‘(a) INTERLOCUTORY APPEAL.—(1) Except as pro9 vided in paragraph (2), in a trial by military commission 

10 under this chapter, the United States may take an inter11 locutory appeal to the United States Court of Appeals for 

12 the Armed Forces under section 950f of this title of any 

13 order or ruling of the military judge that— 

14 ‘‘(A) terminates proceedings of the military 

15 commission with respect to a charge or specification; 

16 ‘‘(B) excludes evidence that is substantial proof 

17 of a fact material in the proceeding; or 

18 ‘‘(C) relates to a matter under subsection (c) or 

19 (d) of section 949d of this title. 

20 ‘‘(2) The United States may not appeal under para21 graph (1) an order or ruling that is, or amounts to, a find22 ing of not guilty by the military commission with respect 

23 to a charge or specification. 

24 ‘‘(b) NOTICE OF APPEAL.—The United States shall 

25 take an appeal of an order or ruling under subsection (a) 


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1 by filing a notice of appeal with the military judge within 

2 five days after the date of the order or ruling. 

3 ‘‘(c) APPEAL.—An appeal under this section shall be 

4 forwarded, by means specified in regulations prescribed 

5 the Secretary of Defense, directly to the United States 

6 Court of Appeals for the Armed Forces. In ruling on an 

7 appeal under this section, the Court may act only with 

8 respect to matters of law. 

9 ‘‘§ 950e. Rehearings 

10 ‘‘(a) COMPOSITION OF MILITARY COMMISSION FOR

11 REHEARING.—Each rehearing under this chapter shall 

12 take place before a military commission under this chapter 

13 composed of members who were not members of the mili14 tary commission which first heard the case. 

15 ‘‘(b) SCOPE OF REHEARING.—(1) Upon a rehear16 ing— 

17 ‘‘(A) the accused may not be tried for any of18 fense of which he was found not guilty by the first 

19 military commission; and 

20 ‘‘(B) no sentence in excess of or more than the 

21 original sentence may be imposed unless— 

22 ‘‘(i) the sentence is based upon a finding 

23 of guilty of an offense not considered upon the 

24 merits in the original proceedings; or 


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1 ‘‘(ii) the sentence prescribed for the of2 fense is mandatory. 

3 ‘‘(2) Upon a rehearing, if the sentence approved after 

4 the first military commission was in accordance with a 

5 pretrial agreement and the accused at the rehearing 

6 changes his plea with respect to the charges or specifica7 tions upon which the pretrial agreement was based, or oth8 erwise does not comply with pretrial agreement, the sen9 tence as to those charges or specifications may include any 

10 punishment not in excess of that lawfully adjudged at the 

11 first military commission. 

12 ‘‘§ 950f. Review by United States Court of Appeals for 

13 the Armed Forces and Supreme Court 

14 ‘‘(a) REVIEW BY UNITED STATES COURT OF AP15 PEALS FOR THE ARMED FORCES.—(1) Subject to the pro16 visions of this subsection, the United States Court of Ap17 peals for the Armed Forces shall have exclusive jurisdic18 tion to determine the final validity of any judgment ren19 dered by a military commission under this chapter. 

20 ‘‘(2) In any case referred to it pursuant to section 

21 950c(a) of this title, the United States Court of Appeals 

22 for the Armed Forces may act only with respect to the 

23 findings and sentence as approved by the convening au24 thority. It may affirm only such findings of guilty, and 

25 the sentence or such part or amount of the sentence, as 


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1 it finds correct in law and fact and determines, on the 

2 basis of the entire record, should be approved. In consid3 ering the record, it may weigh the evidence, judge the 

4 credibility of witnesses, and determine controverted ques5 tions of fact, recognizing that the trial court saw and 

6 heard the witnesses. 

7 ‘‘(3) If the United States Court of Appeals for the 

8 Armed Forces sets aside the findings and sentence, it may, 

9 except where the setting aside is based on lack of sufficient 

10 evidence in the record to support the findings, order a re11 hearing. If it sets aside the findings and sentence and does 

12 not order a rehearing, it shall order that the charges be 

13 dismissed. 

14 ‘‘(b) REVIEW BY SUPREME COURT.—The Supreme 

15 Court of the United States may review by writ of certiorari 

16 pursuant to section 1257 of title 28 the final judgment 

17 of the United States Court of Appeals for the Armed 

18 Forces in a determination under subsection (a). 

19 ‘‘§ 950g. Appellate counsel 

20 ‘‘(a) APPOINTMENT.—The Secretary of Defense 

21 shall, by regulation, establish procedures for the appoint22 ment of appellate counsel for the United States and for 

23 the accused in military commissions under this chapter. 

24 Appellate counsel shall meet the qualifications of counsel 


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1 for appearing before military commissions under this 

2 chapter. 

3 ‘‘(b) REPRESENTATION OF UNITED STATES.—Appel4 late counsel may represent the United States in any ap5 peal or review proceeding under this chapter. Appellate 

6 Government counsel may represent the United States be7 fore the Supreme Court in case arising under this chapter 

8 when requested to do so by the Attorney General. 

9 ‘‘(c) REPRESENTATION OF ACCUSED.—The accused 

10 shall be represented before the United States Court of Ap11 peals for the Armed Forces or the Supreme Court by mili12 tary appellate counsel, or by civilian counsel if retained 

13 by him. 

14 ‘‘§ 950h. Execution of sentence; suspension of sen15 tence 

16 ‘‘(a) EXECUTION OF SENTENCE OF DEATH ONLY

17 UPON APPROVAL BY THE PRESIDENT.—If the sentence 

18 of a military commission under this chapter extends to 

19 death, that part of the sentence providing for death may 

20 not be executed until approved by the President. In such 

21 a case, the President may commute, remit, or suspend the 

22 sentence, or any part thereof, as he sees fit. 

23 ‘‘(b) EXECUTION OF SENTENCE OF DEATH ONLY

24 UPON FINAL JUDGMENT OF LEGALITY OF PRO25 CEEDINGS.—(1) If the sentence of a military commission 


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1 under this chapter extends to death, the sentence may not 

2 be executed until there is a final judgement as to the legal3 ity of the proceedings (and with respect to death, approval 

4 under subsection (a)). 

5 ‘‘(2) A judgement as to legality of proceedings is final 

6 for purposes of paragraph (1) when review is completed 

7 in accordance with the judgment of the United States 

8 Court of Appeals for the Armed Forces and (A) a petition 

9 for a writ of certiorari is not timely filed, (B) such a peti10 tion is denied by the Supreme Court, or (C) review is oth11 erwise completed in accordance with the judgment of the 

12 Supreme Court. 

13 ‘‘(c) SUSPENSION OF SENTENCE.—The Secretary of 

14 the Defense, or the convening authority acting on the case 

15 (if other than the Secretary), may suspend the execution 

16 of any sentence or part thereof in the case. 

17 ‘‘§ 950i. Finality of proceedings, findings, and sen18 tences 

19 ‘‘The appellate review of records of trial provided by 

20 this chapter, and the proceedings, findings, and sentences 

21 of military commissions as approved, reviewed, or affirmed 

22 as required by this chapter, are final and conclusive. Or23 ders publishing the proceedings of military commissions 

24 under this chapter are binding upon all departments, 

25 courts, agencies, and officers of the United States, subject 


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1 only to action by the Secretary or the convening authority 

2 as provided in section 950h(c) of this title and the author3 ity of the President. 

4 ‘‘SUBCHAPTER VII—PUNITIVE MATTERS 

5 ‘‘§ 950p. Definitions; construction of certain offenses; 

6 common circumstances 

7 ‘‘(a) DEFINITIONS.—In this subchapter: 

8 ‘‘(1) The term ‘military objective’ means com9 batants and those objects during an armed conflict 

10 which, by their nature, location, purpose, or use, ef11 fectively contribute to the war-fighting or war-sus12 taining capability of an opposing force and whose 

13 total or partial destruction, capture, or neutraliza14 tion would constitute a definite military advantage 

15 to the attacker under the circumstances at the time 

16 of an attack. 

17 ‘‘(2) The term ‘protected person’ means any 

18 person entitled to protection under one or more of 

19 the Geneva Conventions, including civilians not tak20 ing an active part in hostilities, military personnel 

21 placed out of combat by sickness, wounds, or deten22 tion, and military medical or religious personnel. 

23 ‘‘(3) The term ‘protected property’ means any 

24 property specifically protected by the law of war, in25 cluding buildings dedicated to religion, education, 


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1 art, science, or charitable purposes, historic monu2 ments, hospitals, and places where the sick and 

3 wounded are collected, but only if and to the extent 

4 such property is not being used for military purposes 

5 or is not otherwise a military objective. The term in6 cludes objects properly identified by one of the dis7 tinctive emblems of the Geneva Conventions, but 

8 does not include civilian property that is a military 

9 objective. 

10 ‘‘(b) CONSTRUCTION OF CERTAIN OFFENSES.—The 

11 intent required for offenses under paragraphs (1), (2), (3), 

12 (4), and (12) of section 950w of this title precludes their 

13 applicability with regard to collateral damage or to death, 

14 damage, or injury incident to a lawful attack. 

15 ‘‘(c) COMMON CIRCUMSTANCES.—An offense speci16 fied in this subchapter is triable by military commission 

17 under this chapter only if the offense is committed in the 

18 context of and associated with armed conflict. 

19 ‘‘(d) OFFENSES ENCOMPASSED UNDER LAW OF

20 WAR.—To the extent that the provisions of this sub21 chapter codify offenses that have traditionally been triable 

22 under the law of war or otherwise triable by military com23 mission, this subchapter does not preclude trial for of24 fenses that occurred before the date of the enactment of 


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1 the National Defense Authorization Act for Fiscal Year 

2 2010. 

3 ‘‘§ 950q. Principals 

4 ‘‘Any person punishable under this chapter who— 

5 ‘‘(1) commits an offense punishable by this 

6 chapter, or aids, abets, counsels, commands, or pro7 cures its commission; 

8 ‘‘(2) causes an act to be done which if directly 

9 performed by him would be punishable by this chap10 ter; or 

11 ‘‘(3) is a superior commander who, with regard 

12 to acts punishable by this chapter, knew, had reason 

13 to know, or should have known, that a subordinate 

14 was about to commit such acts or had done so and 

15 who failed to take the necessary and reasonable 

16 measures to prevent such acts or to punish the per17 petrators thereof, 

18 is a principal. 

19 ‘‘§ 950r. Accessory after the fact 

20 ‘‘Any person subject to this chapter who, knowing 

21 that an offense punishable by this chapter has been com22 mitted, receives, comforts, or assists the offender in order 

23 to hinder or prevent his apprehension, trial, or punishment 

24 shall be punished as a military commission under this 

25 chapter may direct. 


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1 ‘‘§ 950s. Conviction of lesser offenses 

2 ‘‘An accused may be found guilty of an offense nec3 essarily included in the offense charged or of an attempt 

4 to commit either the offense charged or an attempt to 

5 commit either the offense charged or an offense nec6 essarily included therein. 

7 ‘‘§ 950t. Attempts 

8 ‘‘(a) IN GENERAL.—Any person subject to this chap9 ter who attempts to commit any offense punishable by this 

10 chapter shall be punished as a military commission under 

11 this chapter may direct. 

12 ‘‘(b) SCOPE OF OFFENSE.—An act, done with spe13 cific intent to commit an offense under this chapter, 

14 amounting to more than mere preparation and tending, 

15 even though failing, to effect its commission, is an attempt 

16 to commit that offense. 

17 ‘‘(c) EFFECT OF CONSUMMATION.—Any person sub18 ject to this chapter may be convicted of an attempt to com19 mit an offense although it appears on the trial that the 

20 offense was consummated. 

21 ‘‘§ 950u. Conspiracy 

22 ‘‘Any person subject to this chapter who conspires to 

23 commit one or more substantive offenses triable by mili24 tary commission under this subchapter, and who know25 ingly does any overt act to effect the object of the con26 spiracy, shall be punished, if death results to one or more 


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1 of the victims, by death or such other punishment as a 

2 military commission under this chapter may direct, and, 

3 if death does not result to any of the victims, by such pun4 ishment, other than death, as a military commission under 

5 this chapter may direct. 

6 ‘‘§ 950v. Solicitation 

7 ‘‘Any person subject to this chapter who solicits or 

8 advises another or others to commit one or more sub9 stantive offenses triable by military commission under this 

10 chapter shall, if the offense solicited or advised is at11 tempted or committed, be punished with the punishment 

12 provided for the commission of the offense, but, if the of13 fense solicited or advised is not committed or attempted, 

14 he shall be punished as a military commission under this 

15 chapter may direct. 

16 ‘‘§ 950w. Crimes triable by military commissions 

17 ‘‘The following offenses shall be triable by military 

18 commission under this chapter at any time without limita19 tion: 

20 ‘‘(1) MURDER OF PROTECTED PERSONS.—Any 

21 person subject to this chapter who intentionally kills 

22 one or more protected persons shall be punished by 

23 death or such other punishment as a military com24 mission under this chapter may direct. 


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1 ‘‘(2) ATTACKING CIVILIANS.—Any person sub2 ject to this chapter who intentionally engages in an 

3 attack upon a civilian population as such, or indi4 vidual civilians not taking active part in hostilities, 

5 shall be punished, if death results to one or more of 

6 the victims, by death or such other punishment as 

7 a military commission under this chapter may direct, 

8 and, if death does not result to any of the victims, 

9 by such punishment, other than death, as a military 

10 commission under this chapter may direct. 

11 ‘‘(3) ATTACKING CIVILIAN OBJECTS.—Any per12 son subject to this chapter who intentionally engages 

13 in an attack upon a civilian object that is not a mili14 tary objective shall be punished as a military com15 mission under this chapter may direct. 

16 ‘‘(4) ATTACKING PROTECTED PROPERTY.—Any 

17 person subject to this chapter who intentionally en18 gages in an attack upon protected property shall be 

19 punished as a military commission under this chap20 ter may direct. 

21 ‘‘(5) PILLAGING.—Any person subject to this 

22 chapter who intentionally and in the absence of mili23 tary necessity appropriates or seizes property for 

24 private or personal use, without the consent of a 

25 person with authority to permit such appropriation 


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1 or seizure, shall be punished as a military commis2 sion under this chapter may direct. 

3 ‘‘(6) DENYING QUARTER.—Any person subject 

4 to this chapter who, with effective command or con5 trol over subordinate groups, declares, orders, or 

6 otherwise indicates to those groups that there shall 

7 be no survivors or surrender accepted, with the in8 tent to threaten an adversary or to conduct hos9 tilities such that there would be no survivors or sur10 render accepted, shall be punished as a military 

11 commission under this chapter may direct. 

12 ‘‘(7) TAKING HOSTAGES.—Any person subject 

13 to this chapter who, having knowingly seized or de14 tained one or more persons, threatens to kill, injure, 

15 or continue to detain such person or persons with 

16 the intent of compelling any nation, person other 

17 than the hostage, or group of persons to act or re18 frain from acting as an explicit or implicit condition 

19 for the safety or release of such person or persons, 

20 shall be punished, if death results to one or more of 

21 the victims, by death or such other punishment as 

22 a military commission under this chapter may direct, 

23 and, if death does not result to any of the victims, 

24 by such punishment, other than death, as a military 

25 commission under this chapter may direct. 


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1 ‘‘(8) EMPLOYING POISON OR SIMILAR WEAP2 ONS.—Any person subject to this chapter who inten3 tionally, as a method of warfare, employs a sub4 stance or weapon that releases a substance that 

5 causes death or serious and lasting damage to health 

6 in the ordinary course of events, through its asphyx7 iating, bacteriological, or toxic properties, shall be 

8 punished, if death results to one or more of the vic9 tims, by death or such other punishment as a mili10 tary commission under this chapter may direct, and, 

11 if death does not result to any of the victims, by 

12 such punishment, other than death, as a military 

13 commission under this chapter may direct. 

14 ‘‘(9) USING PROTECTED PERSONS AS A

15 SHIELD.—Any person subject to this chapter who 

16 positions, or otherwise takes advantage of, a pro17 tected person with the intent to shield a military ob18 jective from attack. or to shield, favor, or impede 

19 military operations, shall be punished, if death re20 sults to one or more of the victims, by death or such 

21 other punishment as a military commission under 

22 this chapter may direct, and, if death does not result 

23 to any of the victims, by such punishment, other 

24 than death, as a military commission under this 

25 chapter may direct. 


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1 ‘‘(10) USING PROTECTED PROPERTY AS A

2 SHIELD.—Any person subject to this chapter who 

3 positions, or otherwise takes advantage of the loca4 tion of, protected property with the intent to shield 

5 a military objective from attack, or to shield, favor, 

6 or impede military operations, shall be punished as 

7 a military commission under this chapter may direct. 

8 ‘‘(11) TORTURE.— 

9 ‘‘(A) OFFENSE.—Any person subject to 

10 this chapter who commits an act specifically in11 tended to inflict severe physical or mental pain 

12 or suffering (other than pain or suffering inci13 dental to lawful sanctions) upon another person 

14 within his custody or physical control for the 

15 purpose of obtaining information or a confes16 sion, punishment, intimidation, coercion, or any 

17 reason based on discrimination of any kind, 

18 shall be punished, if death results to one or 

19 more of the victims, by death or such other 

20 punishment as a military commission under this 

21 chapter may direct, and, if death does not re22 sult to any of the victims, by such punishment, 

23 other than death, as a military commission 

24 under this chapter may direct. 


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1 ‘‘(B) SEVERE MENTAL PAIN OR SUF2 FERING DEFINED.—In this paragraph, the term 

3 ‘severe mental pain or suffering’ has the mean4 ing given that term in section 2340(2) of title 

5 18. 

6 ‘‘(12) CRUEL OR INHUMAN TREATMENT.—Any 

7 person subject to this chapter who subjects another 

8 person in their custody or under their physical con9 trol, regardless of nationality or physical location, to 

10 cruel or inhuman treatment that constitutes a grave 

11 breach of common Article 3 of the Geneva Conven12 tions shall be punished, if death results to the vic13 tim, by death or such other punishment as a mili14 tary commission under this chapter may direct, and, 

15 if death does not result to the victim, by such pun16 ishment, other than death, as a military commission 

17 under this chapter may direct. 

18 ‘‘(13) INTENTIONALLY CAUSING SERIOUS BOD19 ILY INJURY.— 

20 ‘‘(A) OFFENSE.—Any person subject to 

21 this chapter who intentionally causes serious 

22 bodily injury to one or more persons, including 

23 privileged belligerents, in violation of the law of 

24 war shall be punished, if death results to one or 

25 more of the victims, by death or such other 


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1 punishment as a military commission under this 

2 chapter may direct, and, if death does not re3 sult to any of the victims, by such punishment, 

4 other than death, as a military commission 

5 under this chapter may direct. 

6 ‘‘(B) SERIOUS BODILY INJURY DEFINED.— 

7 In this paragraph, the term ‘serious bodily in8 jury’ means bodily injury which involves— 

9 ‘‘(i) a substantial risk of death; 

10 ‘‘(ii) extreme physical pain; 

11 ‘‘(iii) protracted and obvious dis12 figurement; or 

13 ‘‘(iv) protracted loss or impairment of 

14 the function of a bodily member, organ, or 

15 mental faculty. 

16 ‘‘(14) MUTILATING OR MAIMING.—Any person 

17 subject to this chapter who intentionally injures one 

18 or more protected persons by disfiguring the person 

19 or persons by any mutilation of the person or per20 sons, or by permanently disabling any member, limb, 

21 or organ of the body of the person or persons, with22 out any legitimate medical or dental purpose, shall 

23 be punished, if death results to one or more of the 

24 victims, by death or such other punishment as a 

25 military commission under this chapter may direct, 


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1 and, if death does not result to any of the victims, 

2 by such punishment, other than death, as a military 

3 commission under this chapter may direct. 

4 ‘‘(15) MURDER IN VIOLATION OF THE LAW OF

5 WAR.—Any person subject to this chapter who inten6 tionally kills one or more persons, including privi7 leged belligerents, in violation of the law of war shall 

8 be punished by death or such other punishment as 

9 a military commission under this chapter may direct. 

10 ‘‘(16) DESTRUCTION OF PROPERTY IN VIOLA11 TION OF THE LAW OF WAR.—Any person subject to 

12 this chapter who intentionally destroys property be13 longing to another person in violation of the law of 

14 war shall punished as a military commission under 

15 this chapter may direct. 

16 ‘‘(17) USING TREACHERY OR PERFIDY.—Any 

17 person subject to this chapter who, after inviting the 

18 confidence or belief of one or more persons that they 

19 were entitled to, or obliged to accord, protection 

20 under the law of war, intentionally makes use of 

21 that confidence or belief in killing, injuring, or cap22 turing such person or persons shall be punished, if 

23 death results to one or more of the victims, by death 

24 or such other punishment as a military commission 

25 under this chapter may direct, and, if death does not 


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1 result to any of the victims, by such punishment, 

2 other than death, as a military commission under 

3 this chapter may direct. 

4 ‘‘(18) IMPROPERLY USING A FLAG OF TRUCE.— 

5 Any person subject to this chapter who uses a flag 

6 of truce to feign an intention to negotiate, sur7 render, or otherwise suspend hostilities when there is 

8 no such intention shall be punished as a military 

9 commission under this chapter may direct. 

10 ‘‘(19) IMPROPERLY USING A DISTINCTIVE EM11 BLEM.—Any person subject to this chapter who in12 tentionally uses a distinctive emblem recognized by 

13 the law of war for combatant purposes in a manner 

14 prohibited by the law of war shall be punished as a 

15 military commission under this chapter may direct. 

16 ‘‘(20) INTENTIONALLY MISTREATING A DEAD

17 BODY.—Any person subject to this chapter who in18 tentionally mistreats the body of a dead person, 

19 without justification by legitimate military necessary, 

20 shall be punished as a military commission under 

21 this chapter may direct. 

22 ‘‘(21) RAPE.—Any person subject to this chap23 ter who forcibly or with coercion or threat of force 

24 wrongfully invades the body of a person by pene25 trating, however slightly, the anal or genital opening 


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1 of the victim with any part of the body of the ac2 cused, or with any foreign object, shall be punished 

3 as a military commission under this chapter may di4 rect. 

5 ‘‘(22) SEXUAL ASSAULT OR ABUSE.—Any per6 son subject to this chapter who forcibly or with coer7 cion or threat of force engages in sexual contact 

8 with one or more persons, or causes one or more 

9 persons to engage in sexual contact, shall be pun10 ished as a military commission under this chapter 

11 may direct 

12 ‘‘(23) HIJACKING OR HAZARDING A VESSEL OR

13 AIRCRAFT.—Any person subject to this chapter who 

14 intentionally seizes, exercises unauthorized control 

15 over, or endangers the safe navigation of a vessel or 

16 aircraft that is not a legitimate military objective 

17 shall be punished, if death results to one or more of 

18 the victims, by death or such other punishment as 

19 a military commission under this chapter may direct, 

20 and, if death does not result to any of the victims, 

21 by such punishment, other than death, as a military 

22 commission under this chapter may direct. 

23 ‘‘(24) TERRORISM.—Any person subject to this 

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1 tionally engages in an act that evinces a wanton dis2 regard for human life, in a manner calculated to in3 fluence or affect the conduct of government or civil4 ian population by intimidation or coercion, or to re5 taliate against government conduct, shall be pun6 ished, if death results to one or more of the victims, 

7 by death or such other punishment as a military 

8 commission under this chapter may direct, and, if 

9 death does not result to any of the victims, by such 

10 punishment, other than death, as a military commis11 sion under this chapter may direct. 

12 ‘‘(25) PROVIDING MATERIAL SUPPORT FOR

13 TERRORISM.— 

14 ‘‘(A) OFFENSE.—Any person subject to 

15 this chapter who provides material support or 

16 resources, knowing or intending that they are to 

17 be used in preparation for, or in carrying out, 

18 an act of terrorism (as set forth in paragraph 

19 (23) of this section), or who intentionally pro20 vides material support or resources to an inter21 national terrorist organization engaged in hos22 tilities against the United States, knowing that 

23 such organization has engaged or engages in 

24 terrorism (as so set forth), shall be punished as 


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1 a military commission under this chapter may 

2 direct. 

3 ‘‘(B) MATERIAL SUPPORT OR RESOURCES

4 DEFINED.—In this paragraph, the term ‘mate5 rial support or resources’ has the meaning 

6 given that term in section 2339A(b) of title 18. 

7 ‘‘(26) WRONGFULLY AIDING THE ENEMY.—Any 

8 person subject to this chapter who, in breach of an 

9 allegiance or duty to the United States, knowingly 

10 and intentionally aids an enemy of the United 

11 States, or one of the co-belligerents of the enemy, 

12 shall be punished as a military commission under 

13 this chapter may direct. 

14 ‘‘(27) SPYING.—Any person subject to this 

15 chapter who, in violation of the law of war and with 

16 intent or reason to believe that it is to be used to 

17 the injury of the United States or to the advantage 

18 of a foreign power, collects or attempts to collect in19 formation by clandestine means or while acting 

20 under false pretenses, for the purpose of conveying 

21 such information to an enemy of the United States, 

22 or one of the co-belligerents of the enemy, shall be 

23 punished by death or such other punishment as a 

24 military commission under this chapter may direct. 


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1 ‘‘(28) CONTEMPT.—A military commission 

2 under this chapter may punish for contempt any 

3 person who uses any menacing word, sign, or ges4 ture in its presence, or who disturbs its proceedings 

5 by any riot or disorder. 

6 ‘‘(29) PERJURY AND OBSTRUCTION OF JUS7 TICE.—A military commission under this chapter 

8 may try offenses and impose such punishment as the 

9 military commission may direct for perjury, false 

10 testimony, or obstruction of justice related to the 

11 military commission.’’. 

12 (b) CONFORMING AMENDMENT.—Paragraph (13) of 

13 section 802 of title 10, United States Code (article 2 of 

14 the Uniform Code of Military Justice), is amended to read 

15 as follows: 

16 ‘‘(13) Privileged belligerents (as that term is 

17 defined section 948a(3) of this title) who violate the 

18 law of war.’’. 

19 (c) PROCEEDINGS UNDER PRIOR STATUTE.— 

20 (1) PRIOR CONVICTIONS.—The amendments 

21 made by subsection (a) shall have no effect on the 

22 validity of any conviction pursuant to chapter 47A 

23 of title 10, United States Code, as such chapter was 

24 in effect on the day before the date of the enactment 

25 of this Act. 


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1 (2) COMPOSITION OF MILITARY COMMIS2 SIONS.—Notwithstanding the amendments made by 

3 subsection (a)— 

4 (A) any commission convened pursuant to 

5 chapter 47A of title 10, United States Code, as 

6 such chapter was in effect on the day before the 

7 date of the enactment of this Act, shall be 

8 deemed to have been convened pursuant to 

9 chapter 47A of title 10, United States Code, as 

10 amended by subsection (a); 

11 (B) any member of the Armed Forces de12 tailed to serve on a commission pursuant to 

13 chapter 47A of title 10, United States Code, as 

14 in effect on the day before the date of the en15 actment of this Act, shall be deemed to have 

16 been detailed pursuant to chapter 47A of title 

17 10, United States Code, as so amended; 

18 (C) any military judge detailed to a com19 mission pursuant to chapter 47A of title 10, 

20 United States Code, as in effect on the day be21 fore the date of the enactment of this Act, shall 

22 be deemed to have been detailed pursuant to 

23 chapter 47A of title 10, United States Code, as 

24 so amended; 


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1 (D) any trial counsel or defense counsel 

2 detailed for a commission pursuant to chapter 

3 47A of title 10, United States Code, as in effect 

4 on the day before the date of the enactment of 

5 this Act, shall be deemed to have been detailed 

6 pursuant to chapter 47A of title 10, United 

7 States Code, as so amended; and 

8 (E) any court reporters detailed to or em9 ployed by a commission pursuant to chapter 

10 47A of title 10, United States Code, as in effect 

11 on the day before the date of the enactment of 

12 this Act, shall be deemed to have been detailed 

13 or employed pursuant to chapter 47A of title 

14 10, United States Code, as so amended. 

15 (3) CHARGES AND SPECIFICATIONS.—Notwith16 standing the amendments made by subsection (a)— 

17 (A) any charges or specifications sworn or 

18 referred pursuant to chapter 47A of title 10, 

19 United States Code, as such chapter was in ef20 fect on the day before the date of the enact21 ment of this Act, shall be deemed to have been 

22 sworn or referred pursuant to chapter 47A of 

23 title 10, United States Code, as amended by 

24 subsection (a); and 


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1 (B) any charges or specifications described 

2 in subparagraph (A) may be amended, without 

3 prejudice, as needed to properly allege jurisdic4 tion under chapter 47A of title 10, United 

5 States Code, as so amended, and crimes triable 

6 under such chapter. 

7 (4) PROCEDURES AND REQUIREMENTS.—Ex8 cept as provided in paragraphs (1) through (3), any 

9 commission convened pursuant to chapter 47A of 

10 title 10, United States Code, as such chapter was in 

11 effect on the day before the date of the enactment 

12 of this Act, shall be conducted after the date of the 

13 enactment of this Act in accordance with the proce14 dures and requirements of chapter 47A of title 10, 

15 United States Code, as amended by subsection (a). 

16 (d) NOTICE TO CONGRESS.— 

17 (1) INITIAL RULES.—Not later than 90 days 

18 after the date of the enactment of this Act, the Sec19 retary of Defense shall submit to the Committees on 

20 Armed Services of the Senate and the House of Rep21 resentatives a report setting for the procedures for 

22 military commissions prescribed under chapter 47A 

23 of title 10, United States Code, as amended by sub24 section (a). 


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1 (2) CHANGES TO PROCEDURES.—Not later than 

2 60 days before the date on which any proposed 

3 modification of the regulations in effect for military 

4 commissions under Chapter 47A of title 10, United 

5 States Code, as so amended, goes into effect, the 

6 Secretary of Defense shall submit to the Committees 

7 on Armed Services of the Senate and the House of 

8 Representatives a report describing the modification. 

9 Subtitle E—Medical Facility 

10 Matters 

11 SEC. 1041. SHORT TITLE. 

12 This subtitle may be cited as the ‘‘Captain James A. 

13 Lovell Federal Health Care Center Act of 2009’’. 

14 SEC. 1042. EXECUTIVE AGREEMENT. 

15 (a) EXECUTIVE AGREEMENT REQUIRED.—Not later 

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

17 the Secretary of Defense, in consultation with the Sec18 retary of the Navy, and the Secretary of Veterans Affairs 

19 shall execute a signed executive agreement for the joint 

20 use by the Department of Defense and the Department 

21 of Veterans Affairs of the following: 

22 (1) A new Navy ambulatory care center (on 

23 which construction commenced in July 2008), park24 ing structure, and supporting structures and faciliVerDate Nov 24 2008 23:21 Jul 02, 2009 Jkt 059200 PO 00000 Frm 00390 Fmt 6652 Sfmt 6201 E:\BILLS\S1391.PCS S1391

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1 ties in North Chicago, Illinois, and Great Lakes, Illi2 nois. 

3 (2) Medical personal property and equipment 

4 relating to the center, structures, and facilities de5 scribed in paragraph (1). 

6 (b) SCOPE.—The agreement required by subsection 

7 (a) shall— 

8 (1) be a binding operational agreement on mat9 ters under the areas specified in section 706 of the 

10 Duncan Hunter National Defense Authorization Act 

11 for Fiscal Year 2009 (Public Law 110–417; 122 

12 Stat. 4500); and 

13 (2) contain additional terms and conditions as 

14 required by the provisions of this title. 

15 SEC. 1043. TRANSFER OF PROPERTY. 

16 (a) TRANSFER.— 

17 (1) TRANSFER AUTHORIZED.—The Secretary of 

18 Defense, acting through the Administrator of Gen19 eral Services, may transfer, without reimbursement, 

20 to the Secretary of Veterans Affairs jurisdiction over 

21 the center, structures, facilities, and property and 

22 equipment covered by the executive agreement under 

23 section 1042. 


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1 (2) DATE OF TRANSFER.—The transfer author2 ized by paragraph (1) may not occur before the ear3 lier of— 

4 (A) the date that is five years after the 

5 date of the execution under section 1042 of the 

6 executive agreement required by that section; or 

7 (B) the date of the completion of such spe8 cific benchmarks relating to the joint use by the 

9 Department of Defense and the Department of 

10 Veterans Affairs of the Navy ambulatory care 

11 center described in section 1042(a)(1) as the 

12 Secretary of Defense (in consultation with the 

13 Secretary of the Navy) and Secretary of the 

14 Department of Veterans Affairs shall jointly es15 tablish for purposes of this section not later 

16 than 180 days after the date of the enactment 

17 of this Act. 

18 (3) DELAY OF TRANSFER FOR COMPLETION OF

19 CONSTRUCTION.—If construction on the center, 

20 structures, and facilities described in paragraph (1) 

21 is not complete as of the date specified in subpara22 graph (A) or (B) of that paragraph, as applicable, 

23 the transfer of the center, structures, and facilities 

24 under that paragraph may occur thereafter upon 

25 completion of the construction. 


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1 (4) DISCHARGE OF TRANSFER.—The Adminis2 trator of General Services shall effectualize and me3 morialize the transfer as authorized by this sub4 section not later than 30 days after receipt of the re5 quest for the transfer. 

6 (5) DESIGNATION OF FACILITY.—The center, 

7 structures, facilities transferred under this sub8 section shall be designated and known after transfer 

9 under this subsection as the ‘‘Captain James A. 

10 Lovell Federal Health Care Center’’. 

11 (b) REVERSION.— 

12 (1) IN GENERAL.—If any of the real and re13 lated personal property transferred pursuant to sub14 section (a) is subsequently used for purposes other 

15 than those specified in the executive agreement re16 quired by section 1042, or is otherwise jointly deter17 mined by the Secretary of Defense and the Secretary 

18 of Veterans Affairs to be excess to the needs of the 

19 Captain James A. Lovell Federal Health Care Cen20 ter, the Secretary of Veterans Affairs shall offer to 

21 transfer jurisdiction over such property, without re22 imbursement, to the Secretary of Defense. Any such 

23 transfer shall be carried out by the Administrator of 

24 General Services not later than one year after the 

25 acceptance of the offer of such transfer, plus such 


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1 additional time as the Administrator may require to 

2 effectuate and memorialize such transfer. 

3 (2) REVERSION IN EVENT OF LACK OF FACILI4 TIES INTEGRATION.— 

5 (A) WITHIN INITIAL PERIOD.—During the 

6 five-year period beginning on the date of the 

7 transfer of real and related personal property 

8 pursuant to subsection (a), if the Secretary of 

9 Veterans Affairs, the Secretary of Defense, and 

10 the Secretary of Navy jointly determine that 

11 the integration of the facilities transferred pur12 suant to that subsection should not continue, 

13 jurisdiction over such real and related personal 

14 property shall be transferred, without reim15 bursement, to the Secretary of Defense. The 

16 transfer under this subparagraph shall be car17 ried out by the Administrator of General Serv18 ices not later than 180 days after the date of 

19 the determination by the Secretaries, plus such 

20 additional time as the Administrator may re21 quire to effectuate and memorialize such trans22 fer. 

23 (B) AFTER INITIAL PERIOD.—After the 

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1 fairs or the Secretary of Defense determines 

2 that the integration of the facilities transferred 

3 pursuant to subsection (a) should not continue, 

4 the Secretary of Veterans Affairs shall transfer, 

5 without reimbursement, to the Secretary of De6 fense jurisdiction over the real and related per7 sonal property described in subparagraph (A). 

8 Any transfer under this subparagraph shall be 

9 carried out by the Administrator of General 

10 Services not later than one year after the date 

11 of the determination by the applicable Sec12 retary, plus such additional time as the Admin13 istrator may require to effectuate and memori14 alize such transfer. 

15 (C) REVERSION PROCEDURES.—The exec16 utive agreement required by section 1042 shall 

17 provide the following: 

18 (i) Specific procedures for the rever19 sion of real and related personal property, 

20 as appropriate, transferred pursuant to 

21 subsection (a) to ensure the continuing ac22 complishment by the Department of De23 fense and the Department of Veterans Af24 fairs of their missions in the event that the 

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1 ferred pursuant to that subsection (a) is 

2 not completed or a reversion of property 

3 occurs under subparagraph (A) or (B). 

4 (ii) In the event of a reversion under 

5 this paragraph, the transfer from the De6 partment of Veterans Affairs to the De7 partment of Defense of associated func8 tions including appropriate resources, civil9 ian positions, and personnel, in a manner 

10 that will not result in adverse impact to 

11 the missions of Department of Defense or 

12 the Department of Veterans Affairs. 

13 SEC. 1044. TRANSFER OF CIVILIAN PERSONNEL OF THE DE14 PARTMENT OF DEFENSE. 

15 (a) TRANSFER OF FUNCTIONS.—The Secretary of 

16 Defense and the Secretary of the Navy may transfer to 

17 the Secretary of Veterans Affairs functions necessary for 

18 the effective operation of the Captain James A. Lovell 

19 Federal Health Care Center. The Secretary of Veterans 

20 Affairs may accept any functions so transferred. 

21 (b) TERMS.— 

22 (1) EXECUTIVE AGREEMENT.—Any transfer of 

23 functions under subsection (a) shall be carried out 

24 as provided in the executive agreement required by 

25 section 1042. The functions to be so transferred 


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1 shall be identified utilizing the provisions of section 

2 3503 of title 5, United States Code. 

3 (2) ELEMENTS.—In providing for the transfer 

4 of functions under subsection (a), the executive 

5 agreement required by section 1042 shall provide for 

6 the following: 

7 (A) The transfer of civilian employee posi8 tions of the Department of Defense identified in 

9 the executive agreement to the Department of 

10 Veterans Affairs, and of the incumbent civilian 

11 employees in such positions, and the transition 

12 of the employees so transferred to the pay, ben13 efits, and personnel systems that apply to em14 ployees of the Department of Veterans Affairs 

15 (to the extent that different systems apply). 

16 (B) The transition of employees so trans17 ferred to the pay systems of the Department of 

18 Veterans Affairs in a manner which will not re19 sult in any reduction in an employee’s regular 

20 rate of compensation (including basic pay, local21 ity pay, any physician comparability allowance, 

22 and any other fixed and recurring pay supple23 ment) at the time of transition. 

24 (C) The continuation after transfer of the 

25 same employment status for employees so 


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1 transferred who have already successfully com2 pleted or are in the process of completing a 

3 one-year probationary period under title 5, 

4 United States Code, notwithstanding the provi5 sions of section 7403(b)(1) of title 38, United 

6 States Code. 

7 (D) The extension of collective bargaining 

8 rights under title 5, United States Code, to em9 ployees so transferred in positions listed in sub10 section 7421(b) of title 38, United States Code, 

11 notwithstanding the provisions of section 7422 

12 of title 38, United States Code, for a two-year 

13 period beginning on the effective date of the ex14 ecutive agreement. 

15 (E) At the end of the two-year period be16 ginning on the effective date of the executive 

17 agreement, for the following actions by the Sec18 retary of Veterans Affairs with respect to the 

19 extension of collective bargaining rights under 

20 subparagraph (D): 

21 (i) Consideration of the impact of the 

22 extension of such rights. 

23 (ii) Consultation with exclusive em24 ployee representatives of the transferred 

25 employees about such impact. 


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1 (iii) Determination, after consultation 

2 with the Secretary of Defense and the Sec3 retary of the Navy, whether the extension 

4 of such rights should be terminated, modi5 fied, or kept in effect. 

6 (iv) Submittal to Congress of a notice 

7 regarding the determination made under 

8 clause (iii). 

9 (F) The recognition after transfer of each 

10 transferred physician’s and dentist’s total num11 ber of years of service as a physician or dentist 

12 in the Department of Defense for purposes of 

13 calculating such employee’s rate of base pay, 

14 notwithstanding the provisions of section 

15 7431(b)(3) of title 38, United States Code. 

16 (G) The preservation of the seniority of the 

17 employees so transferred for all pay purposes. 

18 (c) RETENTION OF DEPARTMENT OF DEFENSE EM19 PLOYMENT AUTHORITY.—Notwithstanding subsections 

20 (a) and (b), the Department of Defense may employ civil21 ian personnel at the Captain James Lovell Federal Health 

22 Care Center if the Secretary of the Navy, or a designee 

23 of the Secretary, determines it is necessary and appro24 priate to meet mission requirements of the Department 

25 of the Navy. 


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1 SEC. 1045. JOINT FUNDING AUTHORITY FOR THE CAPTAIN 

2 JAMES A. LOVELL FEDERAL HEALTH CARE 

3 CENTER. 

4 (a) IN GENERAL.—The Department of Veterans Af5 fairs/Department of Defense Health-Care Resources Shar6 ing Committee under section 8111(b) of title 38, United 

7 States Code, may provide for the joint funding of the Cap8 tain James A. Lovell Federal Health Care Center in ac9 cordance with the provisions of this section. 

10 (b) HEALTH CARE CENTER FUND.— 

11 (1) ESTABLISHMENT.—There is established on 

12 the books of the Treasury under the Department of 

13 Veterans Affairs a fund to be known as the ‘‘Cap14 tain James A. Lovell Federal Health Care Center 

15 Fund’’ (in this section referred to as the ‘‘Fund’’). 

16 (2) ELEMENTS.—The Fund shall consist of the 

17 following: 

18 (A) Amounts transferred to the Fund by 

19 the Secretary of Defense, in consultation with 

20 the Secretary of the Navy, from amounts au21 thorized to be appropriated for the Department 

22 of Defense. 

23 (B) Amounts transferred to the Fund by 

24 the Secretary of Veterans Affairs from amounts 

25 authorized to be appropriated for the Depart26 ment of Veterans Affairs. 


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1 (C) Amounts transferred to the Fund from 

2 medical care collections under paragraph (4). 

3 (3) DETERMINATION OF AMOUNTS TRANS4 FERRED GENERALLY.—The amount transferred to 

5 the Fund by each of the Secretary of Defense and 

6 the Secretary of Veterans Affairs under subpara7 graphs (A) and (B), as applicable, of paragraph (2) 

8 each fiscal year shall be such amount, as determined 

9 by a methodology jointly established by the Sec10 retary of Defense and the Secretary of Veterans Af11 fairs for purposes of this subsection, that reflects the 

12 mission-specific activities, workload, and costs of 

13 provision of health care at the Captain James A. 

14 Lovell Federal Health Care Center of the Depart15 ment of Defense and the Department of Veterans 

16 Affairs, respectively. 

17 (4) TRANSFERS FROM MEDICAL CARE COLLEC18 TIONS.— 

19 (A) IN GENERAL.—Amounts collected 

20 under the authorities specified in subparagraph 

21 (B) for health care provided at the Captain 

22 James A. Lovell Federal Health Care Center 

23 may be transferred to the Fund under para24 graph (2)(C). 


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1 (B) AUTHORITIES.—The authorities speci2 fied in this subparagraph are the following: 

3 (i) Section 1095 of title 10, United 

4 States Code. 

5 (ii) Section 1729 of title 38, United 

6 States Code. 

7 (iii) Public Law 87–693, popularly 

8 known as the ‘‘Federal Medical Care Re9 covery Act’’ (42 U.S.C. 2651 et seq.). 

10 (5) ADMINISTRATION.—The Fund shall be ad11 ministered in accordance with such provisions of the 

12 executive agreement required by section 1042 as the 

13 Secretary of Defense and the Secretary of Veterans 

14 Affairs shall jointly include in the executive agree15 ment. Such provisions shall provide for an inde16 pendent review of the methodology established under 

17 paragraph (3). 

18 (c) AVAILABILITY.— 

19 (1) IN GENERAL.—Funds transferred to the 

20 Fund under subsection (b) shall be available to fund 

21 the operations of the Captain James A. Lovell Fed22 eral Health Care Center, including capital equip23 ment, real property maintenance, and minor con24 struction projects that are not required to be specifi25 cally authorized by law under section 2805 of title 


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1 10, United States Code, or section 8104 of title 38, 

2 United States Code. 

3 (2) LIMITATION.—The availability of funds 

4 transferred to the Fund under subsection (b)(2)(C) 

5 shall be subject to the provisions of section 1729A 

6 of title 38, United States Code. 

7 (3) PERIOD OF AVAILABILITY.— 

8 (A) IN GENERAL.—Except as provided in 

9 subparagraph (B), funds transferred to the 

10 Fund under subsection (b) shall be available 

11 under paragraph (1) for one fiscal year after 

12 transfer. 

13 (B) EXCEPTION.—Of an amount trans14 ferred to the Fund under subsection (b), an 

15 amount not to exceed two percent of such 

16 amount shall be available under paragraph (1) 

17 for two fiscal years after transfer. 

18 (d) FINANCIAL RECONCILIATION.—The executive 

19 agreement required by section 1042 shall provide for the 

20 development and implementation of an integrated finan21 cial reconciliation process that meets the fiscal reconcili22 ation requirements of the Department of Defense, the De23 partment of the Navy, and the Department of Veterans 

24 Affairs. The process shall permit each of the Department 

25 of Defense, the Department of Navy, and the Department 


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1 of Veterans Affairs to identify their fiscal contributions 

2 to the Fund, taking into consideration accounting, work3 load, and financial management differences. 

4 (e) ANNUAL REPORT.—The Secretary of Defense, in 

5 consultation with the Secretary of the Navy, and the Sec6 retary of Veterans Affairs shall jointly provide for an an7 nual independent review of the Fund for at least three 

8 years after the date of the enactment of this Act. Such 

9 review shall include detailed statements of the uses of 

10 amounts of the Fund and an evaluation of the adequacy 

11 of the proportional share contributed to the Fund by each 

12 of the Secretary of Defense and the Secretary of Veterans 

13 Affairs. 

14 (f) TERMINATION.—The authorities in this section 

15 shall terminate on September 30, 2015. 

16 SEC. 1046. ELIGIBILITY OF MEMBERS OF THE UNIFORMED 

17 SERVICES FOR CARE AND SERVICES AT THE 

18 CAPTAIN JAMES A. LOVELL FEDERAL 

19 HEALTH CARE CENTER. 

20 (a) IN GENERAL.—For purposes of eligibility for 

21 health care under chapter 55 of title 10, United States 

22 Code, the Captain James A. Lovell Federal Health Care 

23 Center may be treated as a facility of the uniformed serv24 ices to the extent provided under subsection (b) in the ex25 ecutive agreement required by section 1042. 


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1 (b) ADDITIONAL ELEMENTS.—The executive agree2 ment required by section 1042 may include provisions as 

3 follows: 

4 (1) To establish an integrated priority list for 

5 access to health care at the Captain James A. Lovell 

6 Federal Health Care Center, which list shall— 

7 (A) integrate the respective health care 

8 priority lists of the Secretary of Defense and 

9 the Secretary of Veterans Affairs; and 

10 (B) take into account categories of bene11 ficiaries, enrollment program status, and such 

12 other matters as the Secretary of Defense and 

13 the Secretary of Veterans Affairs jointly con14 sider appropriate. 

15 (2) To incorporate any resource-related limita16 tions for access to health care at the Captain James 

17 A. Lovell Federal Health Care Center that the Sec18 retary of Defense may establish for purposes of ad19 ministering space-available eligibility for care in fa20 cilities of the uniformed services under chapter 55 of 

21 title 10, United States Code. 

22 (3) To allocate financial responsibility for care 

23 provided at the Captain James A. Lovell Federal 

24 Health Care Center for individuals who are eligible 


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1 for care under both chapter 55 of title 10, United 

2 States Code, and title 38, United States Code. 

3 (4) To waive the applicability to the Captain 

4 James A. Lovell Federal Health Care Center of any 

5 provision of section 8111(e) of title 38, United 

6 States Code, that the Secretary of Defense and the 

7 Secretary of Veterans Affairs shall jointly specify. 

8 SEC. 1047. EXTENSION OF DOD–VA HEALTH CARE SHARING 

9 INCENTIVE FUND. 

10 Section 8111(d)(3) of title 38, United States Code, 

11 is amended by striking ‘‘September 30, 2010’’ and insert12 ing ‘‘September 30, 2015’’. 

13 Subtitle F—Miscellaneous Require14 ments, Authorities, and Limita15 tions 

16 SEC. 1051. CONGRESSIONAL EARMARKS RELATING TO THE 

17 DEPARTMENT OF DEFENSE. 

18 (a) REPORT ON RECURRING EARMARKS.— 

19 (1) REPORT REQUIRED.—Not later than 180 

20 days after the date of the enactment of this Act, the 

21 Secretary of Defense shall submit to the congres22 sional defense committees a report setting forth a 

23 list of each congressional earmark that has been in24 cluded in a national defense authorization Act for 


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1 three or more consecutive fiscal years as of the na2 tional defense authorization Act for fiscal year 2010. 

3 (2) ELEMENTS.—The report required by para4 graph (1) shall include the following: 

5 (A) A description of the extent to which 

6 competitive or merit-based procedures were 

7 used to award funding, or to enter into a con8 tract, grant, or other agreement, pursuant to 

9 each congressional earmark listed in the report. 

10 (B) An identification of the specific con11 tracting vehicle used for each such earmark. 

12 (C) In the case of any congressional ear13 mark listed in the report for which competitive 

14 or merit-based procedures were not used to 

15 award funding, or to enter the contract, grant, 

16 or other agreement, a statement of the reasons 

17 competitive or merit-based procedures were not 

18 used. 

19 (b) DOD INSPECTOR GENERAL AUDIT OF EAR20 MARKS.—The Inspector General of the Department of De21 fense shall conduct an audit of contracts, grants, or other 

22 agreements pursuant to congressional earmarks of De23 partment of Defense funds to determine whether or not 

24 the recipients of such earmarks are complying with re25 quirements of Federal law on the use of appropriated 


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1 funds to influence, whether directly or indirectly, congres2 sional action on any legislation or appropriation matter 

3 pending before Congress. 

4 (c) DEFINITIONS.—In this section: 

5 (1) The term ‘‘congressional earmark’’ means 

6 any congressionally directed spending item (Senate) 

7 or congressional earmark (House of Representatives) 

8 on the list published in compliance with rule XLIV 

9 of the Standing Rules of the Senate or rule XXI of 

10 the Rules of the House of Representatives. 

11 (2) The term ‘‘national defense authorization 

12 Act’’ means an Act authorizing funds for a fiscal 

13 year for the military activities of the Department of 

14 Defense, and for other purposes. 

15 SEC. 1052. NATIONAL STRATEGIC FIVE-YEAR PLAN FOR IM16 PROVING THE NUCLEAR FORENSIC AND AT17 TRIBUTION CAPABILITIES OF THE UNITED 

18 STATES. 

19 (a) IN GENERAL.—The President, with the participa20 tion of the officials specified in subsection (c), shall de21 velop a national strategic plan for improving over a five22 year period the nuclear forensic and attribution capabili23 ties of the United States and the methods, capabilities, 

24 and capacity for nuclear materials forensics and attribu25 tion. 


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1 (b) ELEMENTS.—The plan required under subsection 

2 (a) shall include the following: 

3 (1) An investment plan to support nuclear ma4 terials forensics and attribution. 

5 (2) Recommendations with respect to— 

6 (A) the allocation of roles and responsibil7 ities for pre-detonation, detonation, and post8 detonation activities; and 

9 (B) methods for the attribution of nuclear 

10 or radiological material to the source when such 

11 material is intercepted by the United States, 

12 foreign governments, or international bodies or 

13 is dispersed in the course of a terrorist attack 

14 or other nuclear or radiological explosion. 

15 (c) OFFICIALS.—The officials specified in this sub16 section are the following: 

17 (1) The Secretary of Homeland Security. 

18 (2) The Secretary of Defense. 

19 (3) The Secretary of Energy. 

20 (4) The Attorney General. 

21 (5) The Secretary of State. 

22 (6) The Director of National Intelligence. 

23 (7) Such other officials as the President con24 siders appropriate. 


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1 (d) SUBMITTAL TO CONGRESS.—Not later than 180 

2 days after the date of the enactment of this Act, the Presi3 dent shall submit to Congress the plan required under 

4 subsection (a). 

5 SEC. 1053. ONE-YEAR EXTENSION OF AUTHORITY TO OFFER 

6 AND MAKE REWARDS FOR ASSISTANCE IN 

7 COMBATING TERRORISM THROUGH GOVERN8 MENT PERSONNEL OF ALLIED FORCES. 

9 Section 127b(c)(3)(C) of title 10, United States 

10 Code, is amended by striking ‘‘September, 30, 2009’’ and 

11 inserting ‘‘September, 30, 2010’’. 

12 SEC. 1054. BUSINESS PROCESS REENGINEERING. 

13 (a) NEW PROGRAMS.—Section 2222 of title 10, 

14 United States Code, is amended— 

15 (1) in subsection (a)— 

16 (A) by redesignating paragraphs (1) and 

17 (2) as paragraphs (2) and (3), respectively; 

18 (B) by inserting before paragraph (2), as 

19 redesignated by subparagraph (A) of this sub20 section, the following new paragraph (1): 

21 ‘‘(1) the appropriate chief management officer 

22 for the defense business system modernization has 

23 determined whether or not— 


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1 ‘‘(A) the defense business system mod2 ernization is in compliance with the enterprise 

3 architecture developed under subsection (c); and 

4 ‘‘(B) appropriate business process re5 engineering efforts have been undertaken to en6 sure that— 

7 ‘‘(i) the business process to be sup8 ported by the defense business system 

9 modernization will be as streamlined and 

10 efficient as practicable; and 

11 ‘‘(ii) the need to tailor commercial-off12 the-shelf systems to meet unique require13 ments or incorporate unique interfaces has 

14 been eliminated or reduced to the max15 imum extent practicable;’’; 

16 (C) in paragraph (2), as redesignated by 

17 subparagraph (A) of this subsection, by striking 

18 subparagraph (A) and inserting the following 

19 new subparagraph (A): 

20 ‘‘(A) has been determined by the appro21 priate chief management officer to be in compli22 ance with the requirements of paragraph (1);’’; 

23 and 

24 (D) in paragraph (3), as redesignated by 

25 subparagraph (A) of this paragraph, by striking 


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1 ‘‘the certification by the approval authority is’’ 

2 and inserting ‘‘the certification by the approval 

3 authority and the determination by the chief 

4 management officer are’’; and 

5 (2) in subsection (f)— 

6 (A) by redesignating paragraphs (1) 

7 through (5) as subparagraphs (A) through (E), 

8 respectively; 

9 (B) by inserting ‘‘(1)’’ before ‘‘The Sec10 retary of Defense’’; 

11 (C) in subparagraph (E) of paragraph (1), 

12 as designated by this paragraph, by striking 

13 ‘‘paragraphs (1) through (4)’’ and inserting 

14 ‘‘subparagraphs (A) through (D)’’; and 

15 (D) by adding at the end the following new 

16 paragraph (2): 

17 ‘‘(2) For purposes of subsection (a), the appropriate 

18 chief management officer for a defense business system 

19 modernization is as follows: 

20 ‘‘(A) In the case of an Army program, the Chief 

21 Management Officer of the Army. 

22 ‘‘(B) In the case of a Navy program, the Chief 

23 Management Officer of the Navy. 

24 ‘‘(C) In the case of an Air Force program, the 

25 Chief Management Officer of the Air Force. 


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1 ‘‘(D) In the case of a program of a Defense 

2 Agency, the Deputy Chief Management Officer of 

3 the Department of Defense. 

4 ‘‘(E) In the case of a program that will support 

5 the business processes of more than one military de6 partment or Defense Agency, the Deputy Chief 

7 Management Officer of the Department of De8 fense.’’. 

9 (b) ONGOING PROGRAMS.— 

10 (1) IN GENERAL.—Not later than one year 

11 after the date of the enactment of this Act, the ap12 propriate chief management officer for each defense 

13 business system modernization approved by the De14 fense Business Systems Management Committee be15 fore the date of the enactment of this Act that will 

16 have a total cost in excess of $100,000,000 shall re17 view such defense business system modernization to 

18 determine whether or not appropriate business proc19 ess reengineering efforts have been undertaken to 

20 ensure that— 

21 (A) the business process to be supported 

22 by such defense business system modernization 

23 will be as streamlined and efficient as prac24 ticable; and 


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1 (B) the need to tailor commercial-off-the2 shelf systems to meet unique requirements or 

3 incorporate unique interfaces has been elimi4 nated or reduced to the maximum extent prac5 ticable. 

6 (2) ACTION ON FINDING OF LACK OF RE7 ENGINEERING EFFORTS.—If the appropriate chief 

8 management officer determines that appropriate 

9 business process reengineering efforts have not been 

10 undertaken with regard to a defense business system 

11 modernization as described in paragraph (1), that 

12 chief management officer— 

13 (A) shall develop a plan to undertake busi14 ness process reengineering efforts with respect 

15 to the defense business system modernization; 

16 and 

17 (B) may direct that the defense business 

18 system modernization be restructured or termi19 nated, if necessary to meet the requirements of 

20 paragraph (1). 

21 (3) DEFINITIONS.—In this subsection: 

22 (A) The term ‘‘appropriate chief manage23 ment officer’’, with respect to a defense busi24 ness system modernization, has the meaning 

25 given that term in paragraph (2) of subsection 


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1 (f) of section 2222 of title 10, United States 

2 Code (as amended by subsection (a)(2) of this 

3 section). 

4 (B) The term ‘‘defense business system 

5 modernization’’ has the meaning given that 

6 term in subsection (j)(3) of section 2222 of title 

7 10, United States Code. 

8 SEC. 1055. RESPONSIBILITY FOR PREPARATION OF BIEN9 NIAL GLOBAL POSITIONING SYSTEM REPORT. 

10 (a) IN GENERAL.—Section 2281(d) of title 10, 

11 United States Code, is amended— 

12 (1) in paragraph (1)— 

13 (A) by striking ‘‘the Secretary of Defense’’ 

14 and inserting ‘‘the Secretary of Commerce’’; 

15 and 

16 (B) by striking ‘‘the Committee on Armed 

17 Services of the Senate and the Committee on 

18 Armed Services of the House of Representa19 tives’’ and inserting ‘‘Congress’’; and 

20 (2) by striking paragraph (2) and inserting the 

21 following new paragraph (2): 

22 ‘‘(2) In preparing each report required under para23 graph (1), the Secretary of Commerce shall consult with 

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1 retary of Transportation, and the Secretary of Homeland 

2 Security.’’. 

3 (b) TECHNICAL AMENDMENTS.—Paragraph 

4 (1)(B)(ii) of such section is amended— 

5 (1) by inserting ‘‘validated’’ before ‘‘perform6 ance requirements’’; and 

7 (2) by inserting ‘‘in accordance with Office of 

8 Management and Budget Circular A–109’’ after 

9 ‘‘Plan’’. 

10 SEC. 1056. ADDITIONAL SUBPOENA AUTHORITY FOR THE 

11 INSPECTOR GENERAL OF THE DEPARTMENT 

12 OF DEFENSE. 

13 Section 8 of the Inspector General Act of 1978 (5 

14 U.S.C. App. 8) is amended by adding at the end the fol15 lowing new subsection: 

16 ‘‘(i)(1) The Inspector General of the Department of 

17 Defense is authorized to require by subpoena the attend18 ance and testimony of witnesses necessary to carry out 

19 an audit or investigation pursuant to the authorities of 

20 this Act. 

21 ‘‘(2) A subpoena issued under this subsection, in the 

22 case of contumacy or refusal to obey, shall be enforceable 

23 by order of any appropriate United States district court. 

24 ‘‘(3) The Inspector General shall consult with the At25 torney General before issuing any subpoena under this 


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1 section, and shall not proceed with the issuance of such 

2 a subpoena if the Attorney General objects.’’. 

3 SEC. 1057. REPORTS ON BANDWIDTH REQUIREMENTS FOR 

4 MAJOR DEFENSE ACQUISITION PROGRAMS 

5 AND MAJOR SYSTEM ACQUISITION PRO6 GRAMS. 

7 Section 1047(d) of the Duncan Hunter National De8 fense Authorization Act for Fiscal Year 2009 (Public Law 

9 110–417; 122 Stat. 4603; 10 U.S.C. 2366b note) is 

10 amended— 

11 (1) by redesignating paragraphs (1) and (2) as 

12 subparagraphs (A) and (B), respectively, and by in13 denting such subparagraphs, as so redesignated, 

14 four ems from the left margin; 

15 (2) by striking ‘‘The Secretary’’ and inserting 

16 the following: 

17 ‘‘(1) IN GENERAL.—The Secretary’’; and 

18 (3) by adding at the end the following: 

19 ‘‘(2) REPORTS.—Not later than January 1 each 

20 year, the Secretary of Defense and the Director of 

21 National Intelligence shall each submit to the con22 gressional defense committees, the Select Committee 

23 on Intelligence of the Senate, and the Permanent 

24 Select Committee on Intelligence of the House of 

25 Representatives a report on any determinations 


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1 made under paragraph (1) with respect to meeting 

2 the bandwidth requirements for major defense acqui3 sition programs and major system acquisition pro4 grams during the preceding fiscal year.’’. 

5 SEC. 1058. MULTIYEAR CONTRACTS UNDER PILOT PRO6 GRAM ON COMMERCIAL FEE-FOR-SERVICE 

7 AIR REFUELING SUPPORT FOR THE AIR 

8 FORCE. 

9 (a) MULTIYEAR CONTRACTS AUTHORIZED.—The 

10 Secretary of the Air Force may enter into one or more 

11 multiyear contracts, beginning with the fiscal year 2011 

12 program year, for purposes of conducting the pilot pro13 gram on utilizing commercial fee-for-service air refueling 

14 tanker aircraft for Air Force operations required by sec15 tion 1081 of the National Defense Authorization Act for 

16 Fiscal Year 2008 (Public Law 110–181; 122 Stat. 335). 

17 (b) COMPLIANCE WITH LAW APPLICABLE TO

18 MULTIYEAR CONTRACTS.—Any contract entered into 

19 under subsection (a) shall be entered into in accordance 

20 with the provisions of section 2306c of title 10, United 

21 States Code, except that— 

22 (1) the term of the contract may not be more 

23 than 8 years; 

24 (2) notwithstanding subsection 2306c(b) of title 

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1 section 2306c(a) of title 10, United States Code, 

2 shall apply to the fee-for-service air refueling pilot 

3 program; 

4 (3) the contract may contain a clause setting 

5 forth a cancellation ceiling in excess of 

6 $100,000,000; and 

7 (4) the contract may provide for an unfunded 

8 contingent liability in excess of $20,000,000. 

9 (c) COMPLIANCE WITH LAW APPLICABLE TO SERV10 ICE CONTRACTS.—A contract entered into under sub11 section (a) shall be entered into in accordance with the 

12 provisions of section 2401 of title 10, United States Code, 

13 except that— 

14 (1) the Secretary shall not be required to cer15 tify to the congressional defense committees that the 

16 contract is the most cost-effective means of obtain17 ing commercial fee-for-service air refueling tanker 

18 aircraft for Air Force operations; and 

19 (2) the Secretary shall not be required to cer20 tify to the congressional defense committees that 

21 there is no alternative for meeting urgent oper22 ational requirements other than making the con23 tract. 

24 (d) LIMITATION ON AMOUNT.—The amount of a con25 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 Subtitle G—Reports 

9 SEC. 1071. NATIONAL INTELLIGENCE ESTIMATE ON NU10 CLEAR ASPIRATIONS OF NON-STATE ENTI11 TIES AND NUCLEAR WEAPONS AND RELATED 

12 PROGRAMS IN NON-NUCLEAR-WEAPONS 

13 STATES AND COUNTRIES NOT PARTIES TO 

14 THE NUCLEAR NON-PROLIFERATION TREATY. 

15 (a) IN GENERAL.—The Director of National Intel16 ligence shall prepare a national intelligence estimate 

17 (NIE) on the following: 

18 (1) The nuclear weapons programs and any re19 lated programs of countries that are non-nuclear20 weapons state parties to the Treaty on Non-Pro21 liferation of Nuclear Weapons, done at Washington, 

22 London, and Moscow July 1, 1968, and entered into 

23 force March 5, 1970 (commonly known as the ‘‘Nu24 clear Non-Proliferation Treaty’’) and countries that 

25 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 

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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 (b) REPORT.—Not later than December 1, 2009, the 

23 Comptroller General shall submit a report on the review 

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1 man and Ranking Minority Member of each of the fol2 lowing: 

3 (1) The Committees on Armed Services, Home4 land Security and Governmental Affairs, and the Ju5 diciary of the Senate. 

6 (2) The Committees on Armed Services, Home7 land Security, and the Judiciary of the House of 

8 Representatives. 

9 Subtitle H—Other Matters 

10 SEC. 1081. TRANSFER OF NAVY AIRCRAFT N40VT. 

11 (a) AUTHORITY TO TRANSFER.— 

12 (1) AUTHORITY.—Subject to all applicable Fed13 eral laws and regulations controlling the disposition 

14 of Federal property, the Secretary of the Navy may 

15 transfer to Piasecki Aircraft Corporation of 

16 Essington, Pennsylvania (in this section referred to 

17 as the ‘‘transferee’’), Navy aircraft N40VT (Bureau 

18 Number 163283) and associated components, test 

19 equipment, and engines, previously specified as Gov20 ernment-furnished equipment in contract N00019– 

21 00–C–0284. 

22 (2) WRITTEN AGREEMENT.—The transfer 

23 under this subsection shall be made by means of a 

24 written agreement. 


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1 (3) APPLICABLE LAW.—The transfer or use of 

2 military equipment is subject to all applicable United 

3 State laws and regulations, including, but not lim4 ited to, the Arms Export Control Act, the Export 

5 Administration Act of 1979, continued under Execu6 tive Order 12924, International Traffic in Arms 

7 Regulations (22 C.F.R. 120 et seq.), Export Admin8 istration Regulations (15 C.F.R. 730 et seq.), For9 eign Assets Control Regulations (31 C.F.R. 500 et 

10 seq.), and the Espionage Act. 

11 (b) CERTIFICATION REQUIRED FOR DISPOSAL OF

12 COMBATANT MILITARY EQUIPMENT.—No military equip13 ment described by subsection (a) that is military equip14 ment of a combatant command may be transferred under 

15 subsection (a) unless the Chief of Staff of the Army, the 

16 Chief of Naval Operations, the Chief of Staff of the Air 

17 Force, or the Commandant of the Marine Corps, as appli18 cable, certifies that such equipment is not essential to the 

19 defense of the United States. 

20 (c) CONDITION OF EQUIPMENT TO BE TRANS21 FERRED.—The military equipment transferred under sub22 section (a) shall be transferred in its current ‘‘as is’’ condi23 tion. The Secretary is not required to repair or alter the 

24 condition of any military equipment before transferring 

25 any interest in such equipment under subsection (a). 


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1 (d) TRANSFER AT NO COST TO THE UNITED

2 STATES.—The transfer of military equipment under sub3 section (a) shall be made at no cost to the United States. 

4 Any costs associated with the transfer shall be borne by 

5 the transferee. 

6 (e) GOVERNMENT RIGHTS.—The Secretary shall in7 clude in the written agreement under subsection (a)(2) 

8 such terms and conditions as the Secretary considers ap9 propriate— 

10 (1) to permit the United States to use any fu11 ture technologies derived from testing of military 

12 equipment transferred under subsection (a), includ13 ing upon the transfer of such military equipment to 

14 a successor in interest of the transferee; and 

15 (2) to retain for the Government all technical 

16 data rights associated with military equipment 

17 transferred under subsection (a). 

18 (f) CONSIDERATION.—As consideration for the trans19 fer of military equipment under subsection (a), the trans20 feree shall provide compensation to the United States, the 

21 value of which is equal to the fair market value of such 

22 military equipment, as determined by the Secretary. The 

23 Secretary may not delegate the authority to make the de24 termination required by the preceding sentence. 


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1 (g) NO LIABILITY FOR THE UNITED STATES.—Upon 

2 the transfer of military equipment under subsection (a), 

3 the United States shall not be liable for any death, injury, 

4 loss, or damage that results from the use of such military 

5 equipment by any person other than the United States. 

6 (h) REVERTER UPON BREACH OF CONDITIONS.— 

7 The Secretary shall include in the written agreement 

8 under subsection (a)(2) the following: 

9 (1) A condition that the transferee not transfer 

10 any interest in, or transfer possession of, the mili11 tary equipment transferred under subsection (a) to 

12 any other party without the prior written approval 

13 of the Secretary. 

14 (2) A condition that the transferee operate or 

15 maintain, as applicable, the military equipment 

16 transferred under subsection (a) in compliance with 

17 all applicable limitations and maintenance require18 ments under law. 

19 (3) A condition that if the Secretary determines 

20 at any time that the transferee has failed to comply 

21 with a condition set forth in paragraph (1) or (2), 

22 all right, title, and interest in and to the military 

23 equipment transferred under subsection (a), includ24 ing any repair or alteration of the military equip25 ment by the transferee or otherwise, shall revert to 


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1 the United States, and the United States shall have 

2 the right of immediate possession of the military 

3 equipment. 

4 (i) LIMITATION ON TRANSFER PENDING NOTICE TO

5 CONGRESS.— 

6 (1) LIMITATION.—A transfer of military equip7 ment under subsection (a) may not occur until— 

8 (A) notice of the proposal to make the 

9 transfer is sent to Congress; and 

10 (B) 60 days of continuous session of Con11 gress have expired following the date on which 

12 such notice is sent to Congress. 

13 (2) CALCULATION OF CONTINUOUS SESSION.— 

14 For purposes of paragraph (1)(B), the continuity of 

15 a session of Congress is broken only by an adjourn16 ment of the Congress sine die, and the days on 

17 which the either House is not in session because of 

18 adjournment of more than 3 days to a day certain 

19 are excluded in the computation of such 60-day pe20 riod. 

21 (j) ADDITIONAL TERMS AND CONDITIONS.—The Sec22 retary may require such additional terms and conditions 

23 in connection with a transfer under subsection (a) as the 

24 Secretary considers appropriate to protect the interests of 

25 the United States. 


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1 SEC. 1082. TRANSFER OF BIG CROW AIRCRAFT. 

2 (a) IN GENERAL.—The Secretary of the Air Force 

3 may convey to an appropriate private entity the right, 

4 title, and interest of the United States in and to the Big 

5 Crow aircraft referred to in subsection (b) in order to per6 mit the continuation of the purpose of such aircraft at 

7 the time of their retirement in and through such private 

8 entity after conveyance if the Secretary and the Under 

9 Secretary of Defense for Acquisition, Technology, and Lo10 gistics jointly determine that it is in the interests of the 

11 Department of Defense to do so. 

12 (b) COVERED BIG CROW AIRCRAFT.—The Big Crow 

13 aircraft referred to in this subsection are the recently-re14 tired aircraft as follows: 

15 (1) Big Crow aircraft NC–135E, tail number 

16 55–3132. 

17 (2) Big Crow aircraft NC–135B, tail number 

18 63–8050. 

19 (c) CONDITIONS OF CONVEYANCE.— 

20 (1) IN GENERAL.—Any conveyance of Big Crow 

21 aircraft under subsection (a) shall be for such con22 sideration as the Secretary considers appropriate. 

23 The Secretary shall provide for any aircraft so con24 veyed to be conveyed in ‘‘as-is’’ condition at the time 

25 of conveyance, with all classified and other sensitive 


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1 equipment removed from such aircraft before con2 veyance. 

3 (2) NO LIABILITY FOR THE UNITED STATES.— 

4 Notwithstanding any other provision of law, upon 

5 the conveyance of a Big Crow aircraft under sub6 section (a), the United States shall not be liable for 

7 any death, injury, loss, or damage that results from 

8 the use of the aircraft by any person other than the 

9 United States. 

10 (d) ADDITIONAL TERMS AND CONDITIONS.—The 

11 Secretary may require such additional terms and condi12 tions in connection with a conveyance under this section 

13 as the Secretary considers appropriate to protect the inter14 ests of the United States. 

15 TITLE XI—CIVILIAN PERSONNEL 

16 MATTERS 

17 SEC. 1101. REPEAL OF NATIONAL SECURITY PERSONNEL 

18 SYSTEM; DEPARTMENT OF DEFENSE PER19 SONNEL AUTHORITIES. 

20 (a) REPEAL OF AUTHORITY TO ESTABLISH NA21 TIONAL SECURITY PERSONNEL SYSTEM.—Section 9902 

22 of title 5, United States Code, is amended— 

23 (1) by striking subsections (a), (b), (c), (d), (e), 

24 (i), and (j); and 


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1 (2) by redesignating subsections (f), (g), and 

2 (h) as subsections (d), (e), and (f) respectively. 

3 (b) PERIOD FOR TERMINATION OF NATIONAL SECU4 RITY PERSONNEL SYSTEM.— 

5 (1) APPLICABILITY OF PRIOR LAW TO UNITS IN

6 NSPS.—Notwithstanding the amendments made by 

7 this section, the provisions of section 9902 of title 5, 

8 United States Code, as in effect on the day before 

9 the date of the enactment of this Act, shall apply to 

10 organizational and functional units included in the 

11 National Security Personnel System as of January 

12 20, 2009, for a period of one year after the date of 

13 the enactment of this Act. 

14 (2) TRANSITION OF UNITS FROM NSPS.—The 

15 Secretary of Defense shall ensure the orderly transi16 tion of all organizational and functional units cov17 ered by paragraph (1) from the National Security 

18 Personnel System by not later than one year after 

19 the date of the enactment of this Act. The Secretary 

20 shall ensure that no employee is subject to a reduc21 tion in pay as a result of such transition. 

22 (3) REMOVAL OF LIMITATION ON PAY ADJUST23 MENT.—Notwithstanding section 9902(e)(7) of title 

24 5, United States Code (as in effect on the day before 

25 the date of the enactment of this Act), at the time 


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1 of any annual adjustment to pay schedules pursuant 

2 to section 5303 of such title during the transitional 

3 period provided in paragraph (1), the rate of basic 

4 pay for each employee described in section 

5 9902(e)(7), as so in effect, shall be adjusted by 100 

6 percent of the amount of such adjustment. 

7 (4) CURRENT RULES INVALID.—Any rule or im8 plementing issuance adopted before the date of the 

9 enactment of this Act to implement any provision of 

10 section 9902 of title 5, United States Code (other 

11 than subsections (d), (e), and (f) of such section (as 

12 redesignated by subsection (a)(2))), shall cease to be 

13 effective on the date that is one year after the date 

14 of the enactment of this Act. 

15 (c) AUTHORITY RELATING TO PERSONNEL MANAGE16 MENT AND WORKFORCE INCENTIVES.—Section 9902 of 

17 such title is further amended by inserting before sub18 section (d), as redesignated by subsection (a)(2) of this 

19 section, the following new subsections: 

20 ‘‘(a) PERSONNEL MANAGEMENT.—(1) The Secretary 

21 may waive the requirements of chapter 33, and the regula22 tions implementing such chapter, to the extent the Sec23 retary considers appropriate to establish and implement 

24 regulations providing for the following: 


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1 ‘‘(A) Fair, credible, and transparent methods of 

2 establishing qualification requirements for, recruit3 ment for, and appointments to employment posi4 tions. 

5 ‘‘(B) Fair, credible, and transparent methods of 

6 assigning, reassigning, detailing, transferring, or 

7 promoting employees. 

8 ‘‘(2) In implementing this subsection, the Secretary 

9 shall comply with the provisions of section 2302(b)(11), 

10 regarding veterans’ preference requirements, in a manner 

11 comparable to that in which such provisions are applied 

12 under chapter 33. 

13 ‘‘(3) Any action taken by the Secretary under this 

14 subsection, or to implement this subsection, shall be sub15 ject to the requirements subsection (c) and chapter 71. 

16 ‘‘(b) PERFORMANCE MANAGEMENT AND WORK17 FORCE INCENTIVES.—(1) The Secretary may waive the re18 quirements of chapters 43 (other than sections 4302 and 

19 4303(e)) and 45, and the regulations implementing such 

20 chapters, to the extent the Secretary considers appropriate 

21 to establish and implement regulations providing for the 

22 following: 

23 ‘‘(A) A fair, credible, and transparent perform24 ance appraisal system for employees. 


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1 ‘‘(B) A fair, credible, and transparent system 

2 for linking employee bonuses and other performance3 based actions to performance appraisals of employ4 ees. 

5 ‘‘(C) A process for ensuring ongoing perform6 ance feedback and dialogue among supervisors, man7 agers, and employees throughout the appraisal pe8 riod and setting timetables for review. 

9 ‘‘(2)(A) The Secretary may establish a fund to be 

10 known as the ‘Department of Defense Civilian Workforce 

11 Incentive Fund’ (in this paragraph referred to as the 

12 ‘Fund’). 

13 ‘‘(B) The Fund shall consist of the following: 

14 ‘‘(i) Amounts appropriated to the Fund. 

15 ‘‘(ii) Amounts available for compensation of em16 ployees that are transferred to the Fund. 

17 ‘‘(C) Amounts in the Fund shall be available as fol18 lows: 

19 ‘‘(i) For incentive payments to employees based 

20 on individual or team performance. 

21 ‘‘(ii) For incentive payments to employees for 

22 purposes of the employment and retention as em23 ployees of qualified individuals with particular com24 petencies or qualifications. 


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1 ‘‘(3) Any action taken by the Secretary under this 

2 subsection, or to implement this subsection, shall be sub3 ject to the requirements of subsection (c) and chapter 71. 

4 ‘‘(c) CRITERIA FOR USE OF NEW PERSONNEL AU5 THORITIES.—In establishing any new personnel manage6 ment system under subsection (a) or new performance 

7 management and workforce incentive system under sub8 section (b), the Secretary shall— 

9 ‘‘(1) adhere to merit principles set forth in sec10 tion 2301; 

11 ‘‘(2) include a means for ensuring employee in12 volvement in the design and implementation of such 

13 system; 

14 ‘‘(3) provide for adequate training and retrain15 ing for supervisors, managers, and employees in the 

16 implementation and operation of such system; 

17 ‘‘(4) include effective transparency and account18 ability measures and safeguards to ensure that the 

19 management of such system is fair, credible, and eq20 uitable, including appropriate independent reason21 ableness reviews, internal assessments, and employee 

22 surveys; and 

23 ‘‘(5) ensure that adequate agency resources are 

24 allocated for the design, implementation, and admin25 istration of such system.’’. 


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1 (d) CONFORMING CLERICAL AMENDMENTS.— 

2 (1) HEADING AMENDMENT.—The heading of 

3 such section is amended to read as follows: 

4 ‘‘§ 9902. Department of Defense personnel authori5 ties’’. 

6 (2) CLERICAL AMENDMENT.—The table of sec7 tions at the beginning of chapter 99 of such title is 

8 amended by striking the item relating to section 

9 9902 and inserting the following new item: 

‘‘9902. Department of Defense personnel authorities.’’. 

10 (e) MODIFICATION OF IMPLEMENTATION AUTHORI11 TIES AND LIMITATIONS.—Section 1106 of the National 

12 Defense Authorization Act for Fiscal Year 2008 (Public 

13 Law 110–181; 122 Stat. 349) is amended— 

14 (1) by striking subsection (b); 

15 (2) by redesignating subsection (c) as sub16 section (b); and 

17 (3) in subsection (b), as redesignated by para18 graph (2)— 

19 (A) by striking paragraph (1) and insert20 ing the following new paragraph (1): 

21 ‘‘(1) The Comptroller General shall conduct an22 nual reviews in calendar years 2010, 2011, and 

23 2012 of— 

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1 mulgated by the Secretary of Defense pursuant 

2 to section 9902 of title 5, United States Code; 

3 and 

4 ‘‘(B) the extent to which any processes so 

5 established are fair, credible, and transparent, 

6 as required by such section 9902.’’; and 

7 (B) in paragraph (2), by striking ‘‘the Na8 tional Security Personnel System’’ and insert9 ing ‘‘any processes established pursuant to such 

10 regulations’’. 

11 (f) ADDITIONAL CONFORMING AMENDMENT.—Sec12 tion 1108(b) of the Duncan Hunter National Defense Au13 thorization Act for Fiscal Year 2009 (Public Law 110– 

14 417; 122 Stat. 4618; 10 U.S.C. 1580 note) is amended 

15 by striking ‘‘identified in section 9902(c)(2) of title 5, 

16 United States Code.’’ and inserting ‘‘as follows: 

17 ‘‘(1) The Aviation and Missile Research Devel18 opment and Engineering Center. 

19 ‘‘(2) The Army Research Laboratory. 

20 ‘‘(3) The Medical Research and Materiel Com21 mand. 

22 ‘‘(4) The Engineer Research and Development 

23 Command. 

24 ‘‘(5) The Communications–Electronics Com25 mand. 


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1 ‘‘(6) The Soldier and Biological Chemical Com2 mand. 

3 ‘‘(7) The Naval Sea Systems Command Cen4 ters. 

5 ‘‘(8) The Naval Research Laboratory. 

6 ‘‘(9) The Office of Naval Research. 

7 ‘‘(10) The Air Force Research Laboratory.’’. 

8 (g) WAIVER.—Subsection (a) through (f) of this sec9 tion and the amendments made by such subsections shall 

10 not take effect if, not later than 60 days after the date 

11 of the enactment of this Act, the Secretary of Defense sub12 mits to the Committees on Armed Services of the Senate 

13 and the House of Representatives, the Committee on 

14 Homeland Security and Governmental Affairs of the Sen15 ate, and the Committee on Oversight and Government Re16 form of the House of Representatives a report that in17 cludes— 

18 (1) a certification that— 

19 (A) the termination of the National Secu20 rity Personnel System would not be in the best 

21 interest of the Department of Defense; 

22 (B) the Secretary intends to implement 

23 changes during fiscal year 2010 to improve the 

24 fairness, credibility, and transparency of the 

25 National Security Personnel System; and 


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1 (C) the Secretary has determined that the 

2 changes to be made pursuant to subparagraph 

3 (B) will result in improved employee acceptance 

4 of the National Security Personnel System; and 

5 (2) a description of the changes that the Sec6 retary intends to implement and the schedule for im7 plementing such changes. 

8 (h) EXPANSION PROHIBITED.—If the Secretary of 

9 Defense submits a report and certification under sub10 section (g) and the National Security Personnel System 

11 is not terminated, the National Security Personnel System 

12 may not be extended to organizational and functional 

13 units of the Department of Defense not included in such 

14 system as of June 1, 2009, unless specifically authorized 

15 by statute enacted after the date of the enactment of this 

16 Act. 

17 SEC. 1102. EXTENSION AND MODIFICATION OF EXPERI18 MENTAL PERSONNEL MANAGEMENT PRO19 GRAM FOR SCIENTIFIC AND TECHNICAL PER20 SONNEL. 

21 (a) THREE-YEAR EXTENSION.—Subsection (e)(1) of 

22 section 1101 of the Strom Thurmond National Defense 

23 Authorization Act for Fiscal Year 1999 (5 U.S.C. 3104 

24 note) is amended by striking ‘‘September 30, 2011’’ and 

25 inserting ‘‘September 30, 2014’’. 


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1 (b) LIMITATIONS ON ADDITIONAL PAYMENTS.—Such 

2 section is further amended— 

3 (1) in subsection (b)(3), by striking ‘‘under sub4 section (d)(1)’’ and inserting ‘‘under subsection 

5 (d)’’; and 

6 (2) by striking subsection (d) and inserting the 

7 following new subsection (d): 

8 ‘‘(d) LIMITATIONS ON ADDITIONAL PAYMENTS.—(1) 

9 Subject to paragraph (3), the total amount of additional 

10 payments paid to an employee under subsection (b)(3) for 

11 any 12-month period may not exceed the lesser of the 

12 amounts as follows: 

13 ‘‘(A) $50,000 in fiscal year 2010, which may be 

14 adjusted annually thereafter by the Secretary, with 

15 a percentage increase equal to one-half of 1 percent16 age point less than the percentage by which the Em17 ployment Cost Index, published quarterly by the Bu18 reau of Labor Statistics, for the base quarter of the 

19 year before the preceding calendar year exceeds the 

20 Employment Cost Index for the base quarter of the 

21 second year before the preceding calendar year. 

22 ‘‘(B) The amount equal to 50 percent of the 

23 employee’s annual rate of basic pay. 


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1 ‘‘(2) In paragraph (1), the term ‘base quarter’ has 

2 the meaning given that term in section 5302(3) of title 

3 5, United States Code. 

4 ‘‘(3) Notwithstanding any other provision of this sec5 tion or section 5307 of title 5, United States Code, no 

6 additional payments may be paid to an employee under 

7 subsection (b)(3) in any calendar year if, or to the extent 

8 that, the employee’s total annual compensation in such 

9 calendar year will exceed the maximum amount of total 

10 annual compensation payable at the salary set in accord11 ance with section 104 of title 3, United States Code. 

12 ‘‘(4) An employee appointed under the program is not 

13 eligible for any bonus, monetary award, or other monetary 

14 incentive for service under the appointment other than 

15 payments authorized by this section.’’. 

16 (c) REPORTING REQUIREMENTS.—Paragraph (1) of 

17 subsection (g) of such section is amended to read as fol18 lows: 

19 ‘‘(1)(A) Not later than December 31 each year in 

20 which the authority under this section is in effect, the Sec21 retary of Defense shall submit to the committees of Con22 gress specified in subparagraph (B) a report on the pro23 gram. Each report shall cover the 12-month period pre24 ceding the date of the submittal of such report. 


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1 ‘‘(B) The committees of Congress specified in this 

2 subparagraph are— 

3 ‘‘(i) the Committee on Armed Services, the 

4 Committee on Homeland Security and Governmental 

5 Affairs, and the Committee on Appropriations of the 

6 Senate; and 

7 ‘‘(ii) the Committee on Armed Services, the 

8 Committee on Oversight and Government Reform, 

9 and the Committee on Appropriations of the House 

10 of Representatives’’. 

11 SEC. 1103. ONE-YEAR EXTENSION OF AUTHORITY TO WAIVE 

12 ANNUAL LIMITATION ON PREMIUM PAY AND 

13 AGGREGATE LIMITATION ON PAY FOR FED14 ERAL CIVILIAN EMPLOYEES WORKING OVER15 SEAS. 

16 (a) EXTENSION OF AUTHORITY.—Subsection (a) of 

17 section 1101 of the Duncan Hunter National Defense Au18 thorization Act for Fiscal Year 2009 (Public Law 110– 

19 417; 122 Stat. 4615) is amended by striking ‘‘calendar 

20 year 2009’’ and inserting ‘‘calendar years 2009 and 

21 2010’’. 

22 (b) CLARIFICATION OF EXEMPTION FROM AGGRE23 GATE LIMITATIONS ON PAY.—Subsection (b) of such sec24 tion is amended by striking ‘‘Section 5307 of title 5, 


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1 United States Code’’ and inserting ‘‘Aggregate limitations 

2 on pay, whether established by law or regulation’’. 

3 SEC. 1104. AVAILABILITY OF FUNDS FOR COMPENSATION 

4 OF CERTAIN CIVILIAN EMPLOYEES OF THE 

5 DEPARTMENT OF DEFENSE. 

6 (a) AVAILABILITY OF FUNDS.—Notwithstanding any 

7 other provision of law, funds authorized to be appropriated 

8 for the Department of Defense that are available for the 

9 purchase of contract services to meet a requirement that 

10 is anticipated to continue for five years or more shall be 

11 available to provide compensation for civilian employees of 

12 the Department to meet the same requirement. 

13 (b) REGULATIONS.—Not later than 120 days after 

14 the date of the enactment of this Act, the Secretary shall 

15 prescribe regulations implementing the authority in sub16 section (a). Such regulations— 

17 (1) shall ensure that the authority in subsection 

18 (a) is utilized to build government capabilities that 

19 are needed to perform inherently governmental func20 tions, functions closely associated with inherently 

21 governmental functions, and other critical functions; 

22 (2) shall include a mechanism to ensure that 

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1 tions described in paragraph (1) is provided from 

2 appropriate accounts; and 

3 (3) may establish additional criteria and levels 

4 of approval within the Department for the utilization 

5 of funds to provide compensation for civilian employ6 ees of the Department pursuant to subsection (a). 

7 (c) ANNUAL REPORT.—Not later than 60 days after 

8 the end of each fiscal year for which the authority in sub9 section (a) is in effect, the Secretary shall submit to the 

10 congressional defense committees a report on the use of 

11 such authority. Each report shall cover the preceding fis12 cal year and shall identify, at a minimum, the following: 

13 (1) The amount of funds used under the au14 thority in subsection (a) to provide compensation for 

15 civilian employees. 

16 (2) The source or sources of the funds so used. 

17 (3) The number of civilian employees employed 

18 through the use of such funds. 

19 (4) The actions taken by the Secretary to en20 sure that follow-on funding for such civilian employ21 ees is provided through appropriate accounts. 

22 (d) TEMPORARY AUTHORITY.—The authority in sub23 section (a) shall apply to funds authorized to be appro24 priated for the Department of Defense fiscal years 2010 

25 through 2019. 


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1 SEC. 1105. DEPARTMENT OF DEFENSE CIVILIAN LEADER2 SHIP PROGRAM. 

3 (a) LEADERSHIP PROGRAM REQUIRED.— 

4 (1) IN GENERAL.—Not later than 180 days 

5 after the date of the enactment of this Act, the Sec6 retary of Defense shall establish a program of lead7 ership recruitment and development for civilian em8 ployees of the Department of Defense, to be known 

9 as the ‘‘Department of Defense Civilian Leadership 

10 Program’’ (in this section referred to as the ‘‘pro11 gram’’). 

12 (2) OBJECTIVES.—The objectives of the pro13 gram shall be as follows: 

14 (A) To develop a new generation of civilian 

15 leaders for the Department of Defense. 

16 (B) To recruit individuals with the aca17 demic merit, work experience, and dem18 onstrated leadership skills to meet the future 

19 needs of the Department. 

20 (C) To offer rapid advancement, competi21 tive compensation, and leadership opportunities 

22 to highly-qualified civilian employees of the De23 partment. 

24 (3) AVAILABLE AUTHORITIES.—In carrying out 

25 the program, the Secretary may exercise any author26 ity available to the Office of Personnel Management 


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1 under section 4703 of title 5, United States Code, 

2 except that the Secretary shall not be bound by the 

3 limitations in subsection (d) of such section. Nothing 

4 in this section shall be construed to authorize the 

5 waiver of any part of chapter 71 of title 5, United 

6 States Code, or any regulation implementing such 

7 chapter, in the carrying out of the program. 

8 (b) ELIGIBLE INDIVIDUALS.— 

9 (1) IN GENERAL.—The following individuals 

10 shall be eligible to participate in the program: 

11 (A) Current employees of the Department 

12 of Defense. 

13 (B) Appropriate individuals in the private 

14 sector. 

15 (2) LIMITATION ON NUMBER OF ENTRANTS

16 INTO PROGRAM.—The total number of individuals 

17 who may enter into the program in any fiscal year 

18 may not exceed 5,000. 

19 (c) ELEMENTS OF PROGRAM.— 

20 (1) COMPETITIVE ENTRY.—The selection of in21 dividuals for entry into the program shall be made 

22 on the basis of a competition conducted at least 

23 twice each year. In each competition, participants in 

24 the program shall be selected from among applicants 

25 determined by the Secretary to be the most highly 


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1 qualified in terms of academic merit, work experi2 ence, and demonstrated leadership skills. Each com3 petition shall provide for entry-level participants and 

4 midcareer participants in the program. 

5 (2) ALLOCATION OF POSITIONS.—The Secretary 

6 shall allocate positions in the program among the 

7 components of the Department of Defense that— 

8 (A) offer the most challenging assign9 ments; 

10 (B) provide the greatest level of responsi11 bility; and 

12 (C) demonstrate the greatest need for par13 ticipants in the program. 

14 (3) ASSIGNMENTS TO POSITIONS.—Participants 

15 in the program shall be assigned to components of 

16 the Department that best match their skills and 

17 qualifications. Participants in the program may be 

18 rotated among components of the Department of 

19 Defense at the discretion of the Secretary. 

20 (4) INITIAL COMPENSATION.—The initial com21 pensation of participants in the program shall be de22 termined by the Secretary based on the qualifica23 tions of such participants and applicable market 

24 conditions. 


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1 (5) EDUCATION AND TRAINING.—The Secretary 

2 shall provide participants in the program with train3 ing, mentoring, and educational opportunities that 

4 are appropriate to facilitate the development of such 

5 participants into effective civilian leaders for the De6 partment of Defense. 

7 (6) OBJECTIVE, MERIT-BASED PRINCIPLES FOR

8 PERSONNEL DECISIONS.—The Secretary shall make 

9 personnel decisions under the program in accordance 

10 with such objective, merit-based criteria as the Sec11 retary shall prescribe in regulations for purposes of 

12 the program. Such criteria shall include, but not be 

13 limited to, criteria applicable to the following: 

14 (A) The selection of individuals for entry 

15 into the program. 

16 (B) The assignment of participants in the 

17 program to positions in the Department of De18 fense. 

19 (C) The initial compensation of partici20 pants in the program. 

21 (D) The access of participants in the pro22 gram to training, mentoring, and educational 

23 opportunities under the program. 

24 (E) The consideration of participants in 

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1 agement, functional, and technical workforce of 

2 the Department. 

3 (7) CONSIDERATION FOR SENIOR MANAGE4 MENT, FUNCTIONAL, AND TECHNICAL WORK5 FORCE.—Any participant in the program who, as de6 termined by the Secretary, demonstrates outstanding 

7 performance shall be afforded priority in consider8 ation for selection into the appropriate element of 

9 the senior management, functional, and technical 

10 workforce of the Department of Defense (as set 

11 forth in section 1102(b) of the John Warner Na12 tional Defense Authorization Act for Fiscal Year 

13 2007 (Public Law 109–364; 120 Stat. 2407)). 

14 SEC. 1106. REVIEW OF DEFENSE LABORATORIES FOR PAR15 TICIPATION IN DEFENSE LABORATORY PER16 SONNEL DEMONSTRATION PROJECTS. 

17 (a) REVIEW REQUIRED.—The Secretary of Defense 

18 shall undertake a review of defense laboratories not cur19 rently included in personnel demonstration projects au20 thorized by section 342(b) of the National Defense Au21 thorization Act for Fiscal Year 1995 (Public Law 103– 

22 337; 108 Stat. 2721), as amended by section 1114 of the 

23 Floyd D. Spence National Defense Authorization Act for 

24 Fiscal Year 2001 (as enacted into law by Public Law 106– 

25 398; 114 Stat. 1654A–315), to determine whether or not 


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1 any laboratory so reviewed would benefit from the exten2 sion to such laboratory of the personnel management flexi3 bilities available under such section 342(b), as so amend4 ed. 

5 (b) COVERED LABORATORIES.—The laboratories cov6 ered by the review required by subsection (a) shall include, 

7 but not be limited to, the following: 

8 (1) Laboratories within the Army Research, 

9 Development, and Engineering Command. 

10 (2) Army Tank and Automotive Research, De11 velopment, and Engineering Center. 

12 (3) Army Armament Research, Development, 

13 and Engineering Center. 

14 (4) Naval Air Warfare Center, Weapons Divi15 sion. 

16 (5) Naval Air Warfare Center, Aircraft Divi17 sion. 

18 (6) Space and Naval Warfare Systems Center, 

19 Pacific. 

20 (7) Space and Naval Warfare Systems Center, 

21 Atlantic. 

22 (c) REPORT.— 

23 (1) IN GENERAL.—Not later than 90 days after 

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

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1 gress a report setting forth the results of the review 

2 required by subsection (a). 

3 (2) APPROPRIATE COMMITTEES OF CONGRESS

4 DEFINED.—In this subsection, the term ‘‘appro5 priate committees of Congress’’ means— 

6 (A) the Committee on Armed Services, the 

7 Committee on Homeland Security and Govern8 mental Affairs, and the Committee on Appro9 priations of the Senate; and 

10 (B) the Committee on Armed Services, the 

11 Committee on Oversight and Government Re12 form, and the Committee on Appropriations of 

13 the House of Representatives. 

14 TITLE XII—MATTERS RELATING 

15 TO FOREIGN NATIONS 

16 Subtitle A—Assistance and 

17 Training 

18 SEC. 1201. INCREASE IN UNIT COST THRESHOLD FOR PUR19 CHASES USING CERTAIN FUNDS UNDER THE 

20 COMBATANT COMMANDER INITIATIVE FUND. 

21 (a) INCREASE.— 

22 (1) IN GENERAL.—Subsection (e)(1)(A) of sec23 tion 166a of title 10, United States Code, is amend24 ed by striking ‘‘$15,000’’ and inserting ‘‘the investVerDate Nov 24 2008 23:21 Jul 02, 2009 Jkt 059200 PO 00000 Frm 00452 Fmt 6652 Sfmt 6201 E:\BILLS\S1391.PCS S1391

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1 ment unit threshold in effect under section 2245a of 

2 this title’’. 

3 (2) EFFECTIVE DATE.—The amendment made 

4 by paragraph (1) shall take effect on October 1, 

5 2009, and shall apply with respect to funds available 

6 under the Combatant Commander Initiative Fund 

7 for fiscal years that being on or after that date. 

8 (b) CLARIFYING AMENDMENTS.— 

9 (1) CLERICAL AMENDMENT.—The section head10 ing of such section is amended to read as follows: 

11 ‘‘§ 166a. Combatant commands: funding through the 

12 Chairman of the Joint Chiefs of Staff 

13 from Combatant Commander Initiative 

14 Fund’’. 

15 (2) TABLE OF SECTIONS.—The table of sections 

16 at the beginning of chapter 6 of such title is amend17 ed by striking the item relating to section 166a and 

18 inserting the following new item: 

‘‘166a. Combatant commands: funding through the Chairman of the Joint 

Chiefs of Staff from Combatant Commander Initiative Fund.’’. 


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1 SEC. 1202. AUTHORITY TO PROVIDE ADMINISTRATIVE 

2 SERVICES AND SUPPORT TO COALITION LIAI3 SON OFFICERS OF CERTAIN FOREIGN NA4 TIONS ASSIGNED TO UNITED STATES JOINT 

5 FORCES COMMAND. 

6 (a) EXTENSION OF AUTHORITY.—Subsection (a) of 

7 section 1051a of title 10, United States Code, is amend8 ed— 

9 (1) by striking ‘‘assigned temporarily’’ and in10 serting ‘‘assigned temporarily as follows:’’; 

11 (2) by designating the remainder of the text of 

12 that subsection as paragraph (1) and indenting that 

13 text two ems from the left margin; 

14 (3) in paragraph (1), as so designated, by strik15 ing ‘‘to the headquarters’’ and inserting ‘‘To the 

16 headquarters’’; and 

17 (4) by adding at the end the following new 

18 paragraph: 

19 ‘‘(2) To the headquarters of the combatant 

20 command assigned by the Secretary of Defense the 

21 mission of joint warfighting experimentation and 

22 joint forces training.’’. 

23 (b) EFFECTIVE DATE.—Paragraph (2) of section 

24 1051a(a) of title 10, United States Code (as added by sub25 section (a)), shall take effect on October 1, 2009, or the 

26 date of the enactment of this Act, whichever is later. 


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1 SEC. 1203. MODIFICATION OF AUTHORITIES RELATING TO 

2 PROGRAM TO BUILD THE CAPACITY OF FOR3 EIGN MILITARY FORCES. 

4 (a) TEMPORARY LIMITATION ON AMOUNT FOR

5 BUILDING CAPACITY FOR MILITARY AND STABILITY OP6 ERATIONS.—Section 1206(c) of the National Defense Au7 thorization Act for Fiscal Year 2006 (Public Law 109– 

8 163; 119 Stat. 3456), as amended by section 1206 of the 

9 John Warner National Defense Authorization Act for Fis10 cal Year 2007 (Public Law 109–364; 120 Stat. 2418) and 

11 section 1206 of the Duncan Hunter National Defense Au12 thorization Act for Fiscal Year 2009 (Public Law 110– 

13 417; 122 Stat. 4625), is further amended by adding at 

14 the end the following new paragraph: 

15 ‘‘(5) TEMPORARY LIMITATION ON AMOUNT FOR

16 BUILDING CAPACITY TO PARTICIPATE IN OR SUP17 PORT MILITARY AND STABILITY OPERATIONS.—Of 

18 the funds used to carry out a program under sub19 section (a), not more than $75,000,000 may be used 

20 during fiscal year 2010, and not more than 

21 $75,000,000 may be used during fiscal year 2011, 

22 for purposes described in subsection (a)(1)(B).’’. 

23 (b) EFFECTIVE DATE.—The amendment made by 

24 subsection (a) shall take effect on October 1, 2009, and 

25 shall apply with respect to programs under section 


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1 1206(a) of the National Defense Authorization Act for 

2 Fiscal Year 2006 that begin on or after that date. 

3 SEC. 1204. MODIFICATION OF NOTIFICATION AND REPORT4 ING REQUIREMENTS FOR USE OF AUTHORITY 

5 FOR SUPPORT OF SPECIAL OPERATIONS TO 

6 COMBAT TERRORISM. 

7 (a) NOTIFICATION.—Section 1208(c) of the Ronald 

8 W. Reagan National Defense Authorization Act for Fiscal 

9 Year 2005 (Public Law 108–375; 118 Stat. 2086), as 

10 amended by section 1208(b) of the Duncan Hunter Na11 tional Defense Authorization Act for Fiscal Year 2009 

12 (Public Law 110–417; 122 Stat. 4626), is further amend13 ed to read as follows: 

14 ‘‘(c) NOTIFICATION.— 

15 ‘‘(1) SUPPORT FOR FOREIGN FORCES.—The 

16 Secretary of Defense shall notify the congressional 

17 defense committees expeditiously, and in any event 

18 not later than 48 hours, after— 

19 ‘‘(A) using the authority provided in sub20 section (a) to make funds available for foreign 

21 forces in support of an approved military oper22 ation; or 

23 ‘‘(B) changing the scope or funding level of 

24 any such support. 


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1 ‘‘(2) SUPPORT FOR IRREGULAR FORCES, 

2 GROUPS, OR INDIVIDUALS.—The Secretary of De3 fense may not exercise the authority provided in sub4 section (a) to make funds available for irregular 

5 forces or a group (other than foreign forces) or indi6 vidual in support of an approved military operation, 

7 or change the scope or funding level of such support, 

8 until 72 hours after notifying the congressional de9 fense committees of the use of such authority with 

10 respect to that operation or such change in scope or 

11 funding level. 

12 ‘‘(3) CONTENT.—Notifications required under 

13 this subsection shall include the following informa14 tion: 

15 ‘‘(A) The type of support provided or to be 

16 provided to United States special operations 

17 forces. 

18 ‘‘(B) The type of support provided or to be 

19 provided to the recipient of the funds. 

20 ‘‘(C) The intended duration of the support. 

21 ‘‘(D) The amount obligated under the au22 thority to provide support.’’. 

23 (b) ANNUAL REPORT.—Section 1208(f) of the Ron24 ald W. Reagan National Defense Authorization Act for 

25 Fiscal Year 2005 (Public Law 108–375; 118 Stat. 2086) 


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1 is amended in the second sentence by striking ‘‘shall de2 scribe the support’’ and all that follows through the period 

3 at the end and inserting ‘‘shall include the following infor4 mation: 

5 ‘‘(1) A description of supported operations. 

6 ‘‘(2) A summary of operations. 

7 ‘‘(3) The type of recipients that received sup8 port, identified by authorized category (foreign 

9 forces, irregular forces, groups, or individuals). 

10 ‘‘(4) The total amount obligated in the previous 

11 fiscal year, including budget details. 

12 ‘‘(5) The total amount obligated in prior fiscal 

13 years. 

14 ‘‘(6) The intended duration of support. 

15 ‘‘(7) A description of support or training pro16 vided to the recipients of support. 

17 ‘‘(8) A value assessment of the operational sup18 port provided.’’. 

19 SEC. 1205. MODIFICATION OF AUTHORITY FOR REIMBURSE20 MENT OF CERTAIN COALITION NATIONS FOR 

21 SUPPORT PROVIDED TO UNITED STATES 

22 MILITARY OPERATIONS. 

23 (a) EXPANSION OF AUTHORITY.—Section 1233 of 

24 the National Defense Authorization Act for Fiscal Year 

25 2008 (Public Law 110–181; 122 Stat. 393) is amended— 


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1 (1) by redesignating subsections (b), (c), and 

2 (d) as subsections (c), (d), and (e), respectively; and 

3 (2) by striking subsection (a) and inserting the 

4 following new subsections: 

5 ‘‘(a) REIMBURSEMENT.— 

6 ‘‘(1) IN GENERAL.—Using applicable funds re7 ferred to in paragraph (2), the Secretary of Defense 

8 may reimburse any key cooperating nation for the 

9 following: 

10 ‘‘(A) During fiscal year 2008, logistical 

11 and military support provided by that nation to 

12 or in connection with United States military op13 erations in Operation Iraqi Freedom or Oper14 ation Enduring Freedom. 

15 ‘‘(B) During fiscal year 2010, logistical, 

16 military, and other support, including access, 

17 provided by that nation to or in connection with 

18 United States military operations described in 

19 subparagraph (A). 

20 ‘‘(2) COVERED FUNDS.—The funds referred to 

21 in this subsection are the following: 

22 ‘‘(A) For purposes of paragraph (1)(A), 

23 amounts authorized to be appropriated for fis24 cal year 2008 by section 1508 for operation and 

25 maintenance. 


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1 ‘‘(B) For purposes of paragraph (1)(B), 

2 amounts authorized to be appropriated for fis3 cal year 2010 by section 1507(5) for operation 

4 and maintenance, Defense-wide activities. 

5 ‘‘(b) OTHER SUPPORT.—Using funds described in 

6 subsection (a)(2)(B), the Secretary of Defense may also 

7 assist any key cooperating nation supporting United 

8 States military operations in Operation Iraqi Freedom or 

9 Operation Enduring Freedom in Afghanistan through the 

10 following: 

11 ‘‘(1) The provision of specializing training to 

12 personnel of that nation in connection with such op13 erations, including training of such personnel before 

14 deployment in connection with such operations. 

15 ‘‘(2) The procurement and provision of supplies 

16 to that nation in connection with such operations. 

17 ‘‘(3) The procurement of specialized equipment 

18 and the loaning of such specialized equipment to 

19 that nation on a non-reimbursable basis in connec20 tion with such operations.’’. 

21 (b) AMOUNTS OF SUPPORT.—Paragraph (2) of sub22 section (c) of such section, as redesignated by subsection 

23 (a)(1) of this section, is amended to read as follows: 

24 ‘‘(2) SUPPORT.—Support authorized by sub25 section (b) may be provided in such amounts as the 


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1 Secretary of Defense, with the concurrence of the 

2 Secretary of State and in consultation with the Di3 rector of the Office of Management and Budget, 

4 considers appropriate.’’. 

5 (c) LIMITATIONS ON AMOUNTS DURING FISCAL

6 YEAR 2010.—Paragraph (1) of subsection (d) of such sec7 tion, as so redesignated, is amended to read as follows: 

8 ‘‘(1) LIMITATIONS ON AMOUNTS.—(A) The 

9 total amount of reimbursements made under the au10 thority in subsection (a) during fiscal year 2008 may 

11 not exceed $1,200,000,000. 

12 ‘‘(B) The aggregate amount of reimbursements 

13 made under subsection (a) and support provided 

14 under subsection (b) during fiscal year 2010 may 

15 not exceed $1,600,000,000.’’. 

16 (d) NOTICE TO CONGRESS.—Subsection (e) of such 

17 section, as so redesignated, is amended by striking 

18 ‘‘shall—’’ and all that follows and inserting ‘‘shall notify 

19 the congressional defense committees not later than 15 

20 days before making any reimbursement under the author21 ity in subsection (a) or providing any support under the 

22 authority in subsection (b).’’. 

23 (e) REPORTS.—Such section is further amended by 

24 adding at the end the following new subsection: 


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1 ‘‘(f) REPORTS.—The Secretary of Defense shall sub2 mit to the congressional defense committees on a quarterly 

3 basis a report on any reimbursements made under the au4 thority in subsection (a), and any support provided under 

5 the authority in subsection (b), during such quarter.’’. 

6 (f) EXTENSION OF NOTICE ON REIMBURSEMENT OF

7 PAKISTAN FOR SUPPORT PROVIDED BY PAKISTAN.—Sec8 tion 1232(b)(6) of the National Defense Authorization Act 

9 for Fiscal Year 2008 (122 Stat. 393), as amended by sec10 tion 1217 of the Duncan Hunter National Defense Au11 thorization Act for Fiscal Year 2009 (Public Law 110– 

12 417; 122 Stat. 4634), is further amended by striking 

13 ‘‘September 30, 2010’’ and inserting ‘‘September 30, 

14 2011’’. 

15 SEC. 1206. ONE-YEAR EXTENSION AND EXPANSION OF COM16 MANDERS’ EMERGENCY RESPONSE PRO17 GRAM. 

18 (a) SENSE OF CONGRESS.—It is the sense of Con19 gress that— 

20 (1) the Commanders’ Emergency Response Pro21 gram provides United States military commanders in 

22 theater a valuable tool for accomplishing the coun23 terinsurgency mission in Iraq and Afghanistan by 

24 enabling military commanders to fund urgent hu25 manitarian relief and reconstruction requirements by 


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1 carrying out programs that will immediately assist 

2 the people of those countries; and 

3 (2) United States military commanders utilizing 

4 Commanders’ Emergency Response Program funds 

5 in Afghanistan, and Provincial Reconstruction 

6 Teams in Afghanistan using such funds or other 

7 United States humanitarian or reconstruction assist8 ance, should whenever possible coordinate the fund9 ing of projects with local councils, particularly Com10 munity Development Councils established under the 

11 Afghanistan National Solidarity Program, and take 

12 actions that promote the importance and effective13 ness of local and national government entities. 

14 (b) ONE-YEAR EXTENSION OF AUTHORITY.— 

15 (1) AUTHORITY FOR FISCAL YEAR 2010.—Sub16 section (a) of section 1202 of the National Defense 

17 Authorization Act for Fiscal Year 2006 (Public Law 

18 109–163; 119 Stat. 3455), as amended by section 

19 1205 of the National Defense Authorization Act for 

20 Fiscal Year 2008 (Public Law 110–181; 122 Stat. 

21 366) and section 1214 of the Duncan Hunter Na22 tional Defense Authorization Act for Fiscal Year 

23 2009 (Public Law 110–417; 122 Stat. 4630), is fur24 ther amended— 


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1 (A) in the subsection heading, by striking 

2 ‘‘FISCAL YEARS 2008 AND 2009’’ and inserting 

3 ‘‘FISCAL YEAR 2010’’; 

4 (B) by striking ‘‘each of fiscal years 2008 

5 and 2009’’ and inserting ‘‘fiscal year 2010’’; 

6 (C) by striking ‘‘for such fiscal year’’; and 

7 (D) by striking ‘‘$1,700,000,000 in fiscal 

8 year 2008 and $1,500,000,000 in fiscal year 

9 2009’’ and inserting ‘‘$1,400,000,000’’. 

10 (2) EFFECTIVE DATE.—The amendments made 

11 by paragraph (1) shall take effect on October 1, 

12 2009. 

13 (c) EXTENSION OF DUE DATE FOR QUARTERLY RE14 PORTS.—Subsection (b)(1) of such section is amended— 

15 (1) by striking ‘‘15 days’’ and inserting ‘‘30 

16 days’’; and 

17 (2) by striking ‘‘fiscal years 2008 and 2009’’ 

18 and inserting ‘‘any fiscal year during which the au19 thority under subsection (a) is in effect’’. 

20 (d) AUTHORITY TO TRANSFER FUNDS FOR SUPPORT

21 OF AFGHANISTAN NATIONAL SOLIDARITY PROGRAM.— 

22 Such section is further amended— 

23 (1) by redesignating subsection (g) as sub24 section (h); and 


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1 (2) by inserting after subsection (f) the fol2 lowing new subsection (g): 

3 ‘‘(g) AUTHORITY TO TRANSFER FUNDS FOR SUP4 PORT OF AFGHANISTAN NATIONAL SOLIDARITY PRO5 GRAM.— 

6 ‘‘(1) AUTHORITY.—If the Secretary of Defense 

7 determines that the use of Commanders’ Emergency 

8 Response Program funds to support the Afghanistan 

9 National Solidarity Program would enhance counter10 insurgency operations or stability operations in Af11 ghanistan, the Secretary of Defense may transfer 

12 funds, from amounts available for the Commanders’ 

13 Emergency Response Program for fiscal year 2010, 

14 to the Secretary of State for purposes of supporting 

15 the Afghanistan National Solidarity Program. 

16 ‘‘(2) LIMITATION.—The amount of funds 

17 transferrable under paragraph (1) may not exceed 

18 $100,000,000. 

19 ‘‘(3) CONGRESSIONAL NOTIFICATION.—Not 

20 later than 15 days before transferring funds under 

21 paragraph (1), the Secretary of Defense shall submit 

22 to the congressional defense committees a report set23 ting forth the Secretary’s determination pursuant to 

24 paragraph (1) and a description of the amount of 

25 funds to be transferred under that paragraph.’’. 


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1 (e) TECHNICAL AMENDMENTS.—Subsections (e)(1) 

2 and (f)(1) of such section are amended by striking ‘‘the 

3 date of the enactment of the Duncan Hunter National De4 fense Authorization Act for Fiscal Year 2009’’ and insert5 ing ‘‘October 14, 2008,’’. 

6 SEC. 1207. ONE-YEAR EXTENSION OF AUTHORITY FOR SE7 CURITY AND STABILIZATION ASSISTANCE. 

8 Section 1207(g) of the National Defense Authoriza9 tion Act for Fiscal Year 2006 (Public Law 109–163; 119 

10 Stat. 3458), as amended by section 1210 of the National 

11 Defense Authorization Act for Fiscal Year 2008 (Public 

12 Law 110–181; 122 Stat. 369) and section 1207 of the 

13 Duncan Hunter National Defense Authorization Act for 

14 Fiscal Year 2009 (Public Law 110–417; 122 Stat. 4625), 

15 is further amended by striking ‘‘September 30, 2009’’ and 

16 inserting ‘‘September 30, 2010’’. 

17 SEC. 1208. AUTHORITY FOR NON-RECIPROCAL EXCHANGES 

18 OF DEFENSE PERSONNEL BETWEEN THE 

19 UNITED STATES AND FOREIGN COUNTRIES. 

20 (a) AUTHORITY TO ENTER INTO NON-RECIPROCAL

21 INTERNATIONAL EXCHANGE AGREEMENTS.— 

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

23 may enter into non-reciprocal international defense 

24 personnel exchange agreements. 


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1 (2) INTERNATIONAL DEFENSE PERSONNEL EX2 CHANGE AGREEMENTS DEFINED.—For purposes of 

3 this section, an international defense personnel ex4 change agreement is an agreement with the govern5 ment of an ally of the United States or another 

6 friendly foreign country for the exchange of military 

7 and civilian personnel of the defense ministry of that 

8 foreign government. 

9 (b) ASSIGNMENT OF PERSONNEL.— 

10 (1) IN GENERAL.—Pursuant to a non-reciprocal 

11 international defense personnel exchange agreement, 

12 personnel of the defense ministry of a foreign gov13 ernment may be assigned to positions in the Depart14 ment of Defense. 

15 (2) MUTUAL AGREEMENT REQUIRED.—An indi16 vidual may not be assigned to a position pursuant 

17 to a non-reciprocal international defense personnel 

18 exchange agreement unless the assignment is accept19 able to both governments. 

20 (c) PAYMENT OF PERSONNEL COSTS.— 

21 (1) IN GENERAL.—The foreign government 

22 with which the United States has entered into a 

23 non-reciprocal international defense personnel ex24 change agreement shall pay the salary, per diem, 

25 cost of living, travel costs, cost of language or other 


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1 training, and other costs for its personnel in accord2 ance with the applicable laws and regulations of 

3 such government. 

4 (2) EXCLUDED COSTS.—Paragraph (1) does 

5 not apply to the following costs: 

6 (A) The cost of training programs con7 ducted to familiarize, orient, or certify ex8 changed personnel regarding unique aspects of 

9 the assignments of the exchanged personnel. 

10 (B) Costs incident to the use of facilities of 

11 the United States Government in the perform12 ance of assigned duties. 

13 (d) PROHIBITED CONDITIONS.—No personnel ex14 changed pursuant to a non-reciprocal agreement under 

15 this section may take or be required to take an oath of 

16 allegiance or to hold an official capacity in the govern17 ment. 

18 (e) DURATION OF AUTHORITY.—The authority under 

19 this section shall expire on December 31, 2011. 

20 SEC. 1209. DEFENSE COOPERATION BETWEEN THE UNITED 

21 STATES AND IRAQ. 

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

23 findings: 

24 (1) As United States forces continue their rede25 ployment from Iraq, the quality of the Iraqi Security 


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1 Forces and the nature of their training and equip2 ment will play an increasingly important role. 

3 (2) Despite the decrease in violence in Iraq, 

4 Iraq continues to face formidable threats to its na5 tional security. 

6 (3) There are many benefits to the United 

7 States and Iraq resulting from the strategic relation8 ship that exists between the two nations. 

9 (4) Enhancing the capabilities of the Iraqi Se10 curity Forces and strengthening the defense co11 operation between the United States and Iraq will 

12 help ensure that Iraq has the military strength and 

13 political support necessary to enhance its internal 

14 and regional security. 

15 (b) AVAILABILITY OF PROFESSIONAL MILITARY

16 EDUCATION FOR IRAQ SECURITY FORCES.—The Sec17 retary of Defense shall endeavor to increase the number 

18 of positions in professional military education courses, in19 cluding courses at command and general staff colleges, 

20 war colleges, and the service academies, that are made 

21 available annually to personnel of the security forces of 

22 the Government of Iraq. 


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1 SEC. 1210. REPORT ON ALTERNATIVES TO USE OF ACQUISI2 TION AND CROSS-SERVICING AGREEMENTS 

3 TO LEND MILITARY EQUIPMENT FOR PER4 SONNEL PROTECTION AND SURVIVABILITY. 

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

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

7 of Defense shall submit to the congressional defense com8 mittees a report setting forth and assessing various alter9 natives to the use of acquisition and cross-servicing agree10 ments pursuant to the temporary authority in section 

11 1202 of the John Warner National Defense Authorization 

12 Act for Fiscal Year 2007 (Public Law 109–364; 120 Stat. 

13 2412), as amended by section 1252 of the National De14 fense Authorization Act for Fiscal Year 2008 (Public Law 

15 110–181; 122 Stat. 402), for purposes of lending covered 

16 military equipment to military forces of nations as follows: 

17 (1) A nation participating in combined oper18 ations with the United States in Iraq and Afghani19 stan. 

20 (2) A nation participating in combined oper21 ations with the United States as part of a peace22 keeping operation under the Charter of the United 

23 Nations or another international agreement. 

24 (b) COVERED MILITARY EQUIPMENT DEFINED.—In 

25 this section, the term ‘‘covered military equipment’’ has 

26 the meaning given that term in section 1202(d)(1) of the 


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1 John Warner National Defense Authorization Act for Fis2 cal Year 2007. 

3 Subtitle B—Reports 

4 SEC. 1221. REPORT ON UNITED STATES ENGAGEMENT WITH 

5 IRAN. 

6 (a) IN GENERAL.—Not later than January 31, 2010, 

7 the President shall submit to Congress a report on United 

8 States engagement with Iran. 

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

10 (a) shall include the following: 

11 (1) DIPLOMATIC ENGAGEMENT.—With respect 

12 to diplomatic engagement, the following: 

13 (A) A description of areas of mutual inter14 est to the Government of the United States and 

15 the Government of the Islamic Republic of Iraq 

16 in which cooperation and discussion could be of 

17 mutual interest. 

18 (B) A discussion and assessment of the 

19 commitment of the Government of the Islamic 

20 Republic of Iran to engage in good-faith discus21 sions with the United States to resolve matters 

22 of concern through negotiation. 

23 (2) SUPPORT FOR TERRORISM AND EXTRE24 MISM.—With respect to support for terrorism and 

25 extremism, an assessment of the extent to which the 


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1 Government of the Islamic Republic of Iran has sup2 ported or provided weapons, training, funding, or 

3 any other type of support or assistance for any des4 ignated Foreign Terrorist Organization as well as 

5 regional militant groups, and specific assessments of 

6 the support provided by the Government of the Is7 lamic Republic of Iran, or agencies under that gov8 ernment, for insurgents or other militant groups in 

9 Iraq and Afghanistan. 

10 (3) NUCLEAR ACTIVITIES.—With respect to nu11 clear activities, an assessment of the extent to which 

12 the Government of the Islamic Republic of Iran 

13 has— 

14 (A) complied with United Nations Security 

15 Council Resolutions 1696 (2006), 1737 (2006), 

16 1747 (2007), 1803 (2008), and 1835 (2008), 

17 and with any other applicable Resolutions 

18 adopted by the United Nations Security Council 

19 as of the date of the report; 

20 (B) cooperated with the International 

21 Atomic Energy Agency (IAEA), including ful22 filling all requests of that Agency for access to 

23 information, documentation, locations, and indi24 viduals; 


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1 (C) ratified and implemented the Addi2 tional Protocol to Iran’s Safeguards Agreement 

3 with the International Atomic Energy Agency, 

4 as requested by the Board of Governors of the 

5 International Atomic Energy Agency and the 

6 United Nations Security Council; and 

7 (D) committed to stop uranium enrichment 

8 activities and forego the reprocessing of spent 

9 fuel, the production of heavy water, and the 

10 weaponization of fissile materials on a perma11 nent basis. 

12 (4) MISSILE ACTIVITIES.—With respect to mis13 sile activities, an assessment of the extent to which 

14 the Government of the Islamic Republic of Iran has 

15 continued development of its ballistic missile pro16 gram, including participation in any imports or ex17 ports of any items, materials, goods, and tech18 nologies related to that program and has complied 

19 with United Nations Security Council Resolutions 

20 1696, 1737, 1747, 1803, and 1835, as required by 

21 the United Nations Security Council. 

22 (5) SUPPORT TO ILLEGAL NARCOTICS NETWORK

23 IN AFGHANISTAN.—With respect to support to the 

24 illegal narcotics network in Afghanistan, an assess25 ment of the extent to which the Government of the 


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1 Islamic Republic of Iran, or agencies under that gov2 ernment, has or have supported or facilitated the il3 legal narcotics trade in Afghanistan. 

4 (6) SANCTIONS AGAINST IRAN.—With regard to 

5 sanctions against Iran— 

6 (A) a list of all current United States bi7 lateral and multilateral sanctions against Iran; 

8 (B) a description and discussion of United 

9 States diplomatic efforts to enforce bilateral 

10 and multilateral sanctions against Iran and to 

11 strengthen international efforts to enforce such 

12 sanctions; 

13 (C) an assessment of the impact and effec14 tiveness of existing bilateral and multilateral 

15 sanctions against Iran in achieving United 

16 States goals; 

17 (D) a list of all United States and foreign 

18 registered entities which the Secretary of State 

19 has determined to be in violation of existing 

20 United States bilateral or multilateral sanctions 

21 against Iran; 

22 (E) a detailed description of United States 

23 efforts to enforce sanctions against Iran, includ24 ing— 


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1 (i) a list of all investigations initiated 

2 in the 18-month period ending on the date 

3 of the enactment of this Act that have re4 sulted in a determination that a violation 

5 of sanctions against Iran has occurred; and 

6 (ii) a description of the actions taken 

7 by the United States Government pursuant 

8 to each such determination; and 

9 (F) a description of bilateral and multilat10 eral sanctions against Iran that are under con11 sideration, an assessment whether such addi12 tional sanctions against Iran would be effective, 

13 and, if so, a description of the actions being un14 dertaken to pursue such additional sanctions. 

15 (c) SUBMITTAL IN CLASSIFIED FORM.—The report 

16 required by subsection (a), or any part of such report, may 

17 be submitted in classified form if the President considers 

18 it appropriate. 

19 Subtitle C—Other Matters 

20 SEC. 1231. SENSE OF CONGRESS ON ESTABLISHMENT OF 

21 MEASURES OF PROGRESS TO EVALUATE 

22 UNITED STATES STRATEGIC OBJECTIVES IN 

23 AFGHANISTAN AND PAKISTAN. 

24 (a) FINDINGS.—Congress makes the following find25 ings: 


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1 (1) The President announced a new strategy for 

2 Afghanistan and Pakistan on March 27, 2009, that 

3 calls for a commitment of more resources and a sig4 nificant increase in the number of United States 

5 Armed Forces deployed to the region. 

6 (2) It is the obligation of the United States 

7 Government to the members of the Armed Forces, 

8 and to all Americans, that their sacrifices be met by 

9 a clear method for evaluating the progress toward 

10 achieving the objectives in the new strategy of the 

11 Administration. 

12 (3) The President stated, with reference to the 

13 strategy for Afghanistan and Pakistan, that ‘‘going 

14 forward, we will not blindly stay the course. Instead, 

15 we will set clear metrics to measure progress and 

16 hold ourselves accountable. We’ll consistently assess 

17 our efforts to train Afghan security forces and our 

18 progress in combating insurgents. We will measure 

19 the growth of Afghanistan’s economy, and its illicit 

20 narcotics production. And we will review whether we 

21 are using the right tools and tactics to make 

22 progress towards accomplishing our goals’’. 

23 (4) Since the announcement of the new strategy 

24 of the Administration on March 27, 2009, key lead25 ers in the Administration, including in the DepartVerDate Nov 24 2008 23:21 Jul 02, 2009 Jkt 059200 PO 00000 Frm 00476 Fmt 6652 Sfmt 6201 E:\BILLS\S1391.PCS S1391

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1 ment of Defense and Department of State, have tes2 tified before Congress that progress measures were 

3 needed to evaluate performance toward achieving the 

4 strategic objectives of the United States in Afghani5 stan and Pakistan and that the Administration was 

6 undertaking the process of reviewing and developing 

7 measures of progress. 

8 (5) Key leaders in the Administration further 

9 assured Congress that the Administration would not 

10 only share the measures of progress with Congress, 

11 but would also invite review and comment by Con12 gress on proposed measures of progress. 

13 (6) The establishment of both clear objectives 

14 and a means to impartially measure success toward 

15 those objectives will expound to the American people 

16 what the United States and its partners intend to 

17 accomplish in and for Afghanistan and Pakistan. 

18 (b) SENSE OF CONGRESS.—It is the sense of Con19 gress that— 

20 (1) the Administration should, through the co21 ordination of the Departments of Defense and State, 

22 expeditiously submit to Congress a comprehensive 

23 list of measures of progress with regard to United 

24 States strategic objectives in Afghanistan and Paki25 stan; 


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1 (2) the comprehensive list under paragraph (1) 

2 should include newly-established measures of 

3 progress as well as such measures of progress pre4 viously established pursuant to section 1230(d) of 

5 the National Defense Authorization Act for Fiscal 

6 Year 2008 (Public Law 110–181; 122 Stat. 385) 

7 that continue to be relevant to the current United 

8 States strategy for Afghanistan and Pakistan; 

9 (3) the Administration should incorporate the 

10 comprehensive list under paragraph (1) with each 

11 report submitted under sections 1230 and 1232 of 

12 the National Defense Authorization Act for Fiscal 

13 Year 2008 (122 Stat. 385, 392) and should review, 

14 and if necessary modify, the comprehensive list for 

15 each such report; and 

16 (4) upon submittal to Congress of the reports 

17 required by sections 1230 and 1232 of the National 

18 Defense Authorization Act for Fiscal Year 2008, the 

19 Administration should provide an assessment of each 

20 measure of progress by— 

21 (A) setting forth the measure of progress 

22 being evaluated; 

23 (B) providing data used to evaluate the 

24 measure of progress; 


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1 (C) providing an evaluation of the perform2 ance of the particular measure of progress; and 

3 (D) providing a comprehensive assessment 

4 of how the performance of the particular meas5 ure of progress hinders or enhances the overall 

6 performance toward achieving strategic objec7 tives of the United States in Afghanistan and 

8 Pakistan. 

9 TITLE XIII—COOPERATIVE 

10 THREAT REDUCTION 

11 SEC. 1301. SPECIFICATION OF COOPERATIVE THREAT RE12 DUCTION PROGRAMS AND FUNDS. 

13 (a) SPECIFICATION OF COOPERATIVE THREAT RE14 DUCTION PROGRAMS.—For purposes of section 301 and 

15 other provisions of this Act, Cooperative Threat Reduction 

16 programs are the programs specified in section 1501 of 

17 the National Defense Authorization Act for Fiscal Year 

18 1997 (50 U.S.C. 2362 note). 

19 (b) FISCAL YEAR 2010 COOPERATIVE THREAT RE20 DUCTION FUNDS DEFINED.—As used in this title, the 

21 term ‘‘fiscal year 2010 Cooperative Threat Reduction 

22 funds’’ means the funds appropriated pursuant to the au23 thorization of appropriations in section 301 for Coopera24 tive Threat Reduction programs. 


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1 (c) AVAILABILITY OF FUNDS.—Funds appropriated 

2 pursuant to the authorization of appropriations in section 

3 301 for Cooperative Threat Reduction programs shall be 

4 available for obligation for fiscal years 2010, 2011, and 

5 2012. 

6 SEC. 1302. FUNDING ALLOCATIONS. 

7 (a) FUNDING FOR SPECIFIC PURPOSES.—Of the 

8 $424,093,000 authorized to be appropriated to the De9 partment of Defense for fiscal year 2010 in section 

10 301(a)(20) for Cooperative Threat Reduction programs, 

11 the following amounts may be obligated for the purposes 

12 specified: 

13 (1) For strategic offensive arms elimination in 

14 Russia, $73,385,000. 

15 (2) For strategic nuclear arms elimination in 

16 Ukraine, $6,800,000. 

17 (3) For nuclear weapons storage security in 

18 Russia, $15,090,000. 

19 (4) For nuclear weapons transportation security 

20 in Russia, $46,400,000. 

21 (5) For weapons of mass destruction prolifera22 tion prevention in the states of the former Soviet 

23 Union, $90,886,000. 

24 (6) For biological threat reduction in the states 

25 of the former Soviet Union, $152,132,000. 


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1 (7) For chemical weapons destruction, 

2 $3,000,000. 

3 (8) For defense and military contacts, 

4 $5,000,000. 

5 (9) For new Cooperative Threat Reduction ini6 tiatives, $10,000,000. 

7 (10) For activities designated as Other Assess8 ments/Administrative Costs, $21,400,000. 

9 (b) REPORT ON OBLIGATION OR EXPENDITURE OF

10 FUNDS FOR OTHER PURPOSES.—No fiscal year 2010 Co11 operative Threat Reduction funds may be obligated or ex12 pended for a purpose other than a purpose listed in para13 graphs (1) through (10) of subsection (a) until 15 days 

14 after the date that the Secretary of Defense submits to 

15 Congress a report on the purpose for which the funds will 

16 be obligated or expended and the amount of funds to be 

17 obligated or expended. Nothing in the preceding sentence 

18 shall be construed as authorizing the obligation or expend19 iture of fiscal year 2010 Cooperative Threat Reduction 

20 funds for a purpose for which the obligation or expendi21 ture of such funds is specifically prohibited under this title 

22 or any other provision of law. 

23 (c) LIMITED AUTHORITY TO VARY INDIVIDUAL

24 AMOUNTS.— 


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1 (1) IN GENERAL.—Subject to paragraph (2), in 

2 any case in which the Secretary of Defense deter3 mines that it is necessary to do so in the national 

4 interest, the Secretary may obligate amounts appro5 priated for fiscal year 2010 for a purpose listed in 

6 paragraphs (1) through (10) of subsection (a) in ex7 cess of the specific amount authorized for that pur8 pose. 

9 (2) NOTICE-AND-WAIT REQUIRED.—An obliga10 tion of funds for a purpose stated in paragraphs (1) 

11 through (10) of subsection (a) in excess of the spe12 cific amount authorized for such purpose may be 

13 made using the authority provided in paragraph (1) 

14 only after— 

15 (A) the Secretary submits to Congress no16 tification of the intent to do so together with a 

17 complete discussion of the justification for 

18 doing so; and 

19 (B) 15 days have elapsed following the 

20 date of the notification. 

21 SEC. 1303. AUTHORITY TO ENTER INTO AGREEMENTS TO 

22 RECEIVE CONTRIBUTIONS FOR BIOLOGICAL 

23 THREAT REDUCTION PROGRAM. 

24 (a) IN GENERAL.—The Secretary of Defense may, 

25 with the concurrence of the Secretary of State, enter into 


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1 one or more agreements with any person (including a for2 eign government, international organization, multinational 

3 entity, or any other entity) that the Secretary of Defense 

4 considers appropriate under which the person contributes 

5 funds for purposes of the Biological Threat Reduction 

6 Program of the Department of Defense. 

7 (b) RETENTION AND USE OF AMOUNTS.—Notwith8 standing section 3302 of title 31, United States Code, and 

9 subject to subsections (c) and (d), the Secretary of De10 fense may retain and obligate or expend amounts contrib11 uted pursuant to subsection (a) for purposes of the Bio12 logical Threat Reduction Program. Amounts so contrib13 uted shall be retained in a separate fund established in 

14 the Treasury for that purpose and shall be available to 

15 be obligated or expended without further appropriation. 

16 (c) RETURN OF AMOUNTS NOT OBLIGATED OR EX17 PENDED WITHIN THREE YEARS.—If the Secretary of De18 fense does not obligate or expend an amount contributed 

19 pursuant to subsection (a) by the date that is three years 

20 after the date on which the contribution was made, the 

21 Secretary shall return the amount to the person who made 

22 the contribution. 

23 (d) NOTICE TO CONGRESSIONAL DEFENSE COMMIT24 TEES.— 


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

2 receiving an amount contributed pursuant to sub3 section (a), the Secretary shall submit to the con4 gressional defense committees a notice— 

5 (A) specifying the value of the contribution 

6 and the purpose for which the contribution was 

7 made; and 

8 (B) identifying the person who made the 

9 contribution. 

10 (2) LIMITATION ON USE OF AMOUNTS.—The 

11 Secretary may not obligate or expend an amount 

12 contributed pursuant to subsection (a) until the date 

13 that is 15 days after the date on which the Sec14 retary submits the notice required by paragraph (1). 

15 (e) ANNUAL REPORT.—Not later than October 31 

16 each year, the Secretary of Defense shall submit to the 

17 congressional defense committees a report on amounts 

18 contributed pursuant to subsection (a) during the pre19 ceding fiscal year. Each such report shall include, for the 

20 fiscal year covered by the report, the following: 

21 (1) A statement of any amounts contributed 

22 pursuant to subsection (a), including, for each such 

23 amount, the value of the contribution and the iden24 tity of the person who made the contribution. 


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1 (2) A statement of any amounts so contributed 

2 that were obligated or expended by the Secretary, in3 cluding, for each such amount, the purposes for 

4 which the amount was obligated or expended. 

5 (3) A statement of any amounts so contributed 

6 that were retained but not obligated or expended, in7 cluding, for each such amount, the purposes (if 

8 known) for which the Secretary intends to obligate 

9 or expend the amount. 

10 (f) TERMINATION.—The authority provided under 

11 this section shall terminate on December 31, 2015. 

12 SEC. 1304. AUTHORIZATION OF USE OF COOPERATIVE 

13 THREAT REDUCTION PROGRAM FUNDS FOR 

14 BILATERAL AND MULTILATERAL NON15 PROLIFERATION AND DISARMAMENT ACTIVI16 TIES. 

17 (a) IN GENERAL.—Notwithstanding any other provi18 sion of law and subject to subsection (b), the Secretary 

19 of Defense may obligate or expend not more than 10 per20 cent of the funds authorized to be appropriated or other21 wise made available for Cooperative Threat Reduction pro22 grams in a fiscal year to provide assistance for or to other23 wise carry out bilateral or multilateral activities relating 

24 to nonproliferation or disarmament. 


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1 (b) NOTIFICATION OF CONGRESSIONAL DEFENSE

2 COMMITTEES.—The Secretary may obligate or expend 

3 funds pursuant to subsection (a) if, not less than 15 days 

4 before obligating or expending such funds— 

5 (1) the Secretary notifies the congressional de6 fense committees of the intent of the Secretary to 

7 obligate or expend such funds; and 

8 (2) the President certifies to the congressional 

9 defense committees that obligating or expending 

10 such funds is necessary to support the national secu11 rity objectives of the United States. 

12 TITLE XIV—OTHER 

13 AUTHORIZATIONS 

14 Subtitle A—Military Programs 

15 SEC. 1401. WORKING CAPITAL FUNDS. 

16 Funds are hereby authorized to be appropriated for 

17 fiscal year 2010 for the use of the Armed Forces and other 

18 activities and agencies of the Department of Defense for 

19 providing capital for working capital and revolving funds 

20 in amounts as follows: 

21 (1) For the Defense Working Capital Funds, 

22 $141,388,000. 

23 (2) For the Defense Working Capital Fund, 

24 Defense Commissary, $1,313,616,000. 


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1 SEC. 1402. NATIONAL DEFENSE SEALIFT FUND. 

2 Funds are hereby authorized to be appropriated for 

3 fiscal year 2010 for the National Defense Sealift Fund 

4 in the amount of $1,242,758,000. 

5 SEC. 1403. 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 $27,913,863,000, of which— 

10 (1) $26,993,919,000 is for Operation and 

11 Maintenance; 

12 (2) $597,802,000 is for Research, Development, 

13 Test, and Evaluation; and 

14 (3) $322,142,000 is for Procurement. 

15 SEC. 1404. CHEMICAL AGENTS AND MUNITIONS DESTRUC16 TION, DEFENSE. 

17 (a) AUTHORIZATION OF APPROPRIATIONS.—Funds 

18 are hereby authorized to be appropriated for the Depart19 ment of Defense for fiscal year 2010 for expenses, not oth20 erwise provided for, for Chemical Agents and Munitions 

21 Destruction, Defense, in the amount of $1,560,760,000, 

22 of which— 

23 (1) $1,146,802,000 is for Operation and Main24 tenance; 

25 (2) $401,269,000 is for Research, Development, 

26 Test, and Evaluation; and 


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1 (3) $12,689,000 is for Procurement. 

2 (b) USE.—Amounts authorized to be appropriated 

3 under subsection (a) are authorized for— 

4 (1) the destruction of lethal chemical agents 

5 and munitions in accordance with section 1412 of 

6 the Department of Defense Authorization Act, 1986 

7 (50 U.S.C. 1521); and 

8 (2) the destruction of chemical warfare materiel 

9 of the United States that is not covered by section 

10 1412 of such Act. 

11 SEC. 1405. 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 $1,077,784,000. 

18 SEC. 1406. 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 $288,444,000, of which— 

24 (1) $286,444,000 is for Operation and Mainte25 nance; and 


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1 (2) $2,000,000 is for Procurement. 

2 SEC. 1407. FUNDING TABLE. 

3 The amounts authorized to be appropriated by sec4 tions 1401, 1402, 1403, 1404, 1405, and 1406 shall be 

5 available, in accordance with the requirements of section 

6 4001, for projects, programs, and activities, and in the 

7 amounts, specified in the funding table in section 4401. 

8 Subtitle B—National Defense 

9 Stockpile 

10 SEC. 1411. EXTENSION OF PREVIOUSLY AUTHORIZED DIS11 POSAL OF COBALT FROM NATIONAL DE12 FENSE STOCKPILE. 

13 Section 3305(a)(5) of the National Defense Author14 ization Act for Fiscal Year 1998 (Public Law 105–85; 50 

15 U.S.C. 98d note), as most recently amended by section 

16 1412(b) of the Duncan Hunter National Defense Author17 ization Act for Fiscal Year 2009 (Public Law 110–417; 

18 122 Stat. 4648), is further amended by striking ‘‘during 

19 fiscal year 2009’’ and inserting ‘‘by the end of fiscal year 

20 2011’’. 


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1 SEC. 1412. AUTHORIZATION FOR ACTIONS TO CORRECT 

2 THE INDUSTRIAL RESOURCE SHORTFALL 

3 FOR HIGH-PURITY BERYLLIUM METAL IN 

4 AMOUNTS NOT IN EXCESS OF $80,000,000. 

5 With respect to any action taken by the President 

6 under section 303 of the Defense Production Act of 1950 

7 (50 U.S.C. App. 2093) to correct the industrial resource 

8 shortfall for high-purity beryllium metal, the limitation in 

9 subsection (a)(6)(C) of such section shall be applied by 

10 substituting ‘‘$80,000,000’’ for ‘‘$50,000,000’’. 

11 Subtitle C—Armed Forces 

12 Retirement Home 

13 SEC. 1421. AUTHORIZATION OF APPROPRIATIONS FOR 

14 ARMED FORCES RETIREMENT HOME. 

15 There is authorized to be appropriated for fiscal year 

16 2010 from the Armed Forces Retirement Home Trust 

17 Fund the sum of $134,000,000 for the operation of the 

18 Armed Forces Retirement Home. 

19 TITLE XV—OVERSEAS 

20 CONTINGENCY OPERATIONS 

21 SEC. 1501. PURPOSE. 

22 The purpose of this title is to authorize appropria23 tions for the Department of Defense for fiscal year 2010 

24 to provide additional funding for overseas contingency op25 erations of the Department of Defense in that fiscal year. 


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1 SEC. 1502. ARMY PROCUREMENT. 

2 Funds are hereby authorized to be appropriated for 

3 fiscal year 2010 for procurement accounts for the Army 

4 in amounts as follows: 

5 (1) For aircraft procurement, $1,636,229,000. 

6 (2) For missile procurement, $531,570,000. 

7 (3) For weapons and tracked combat vehicles 

8 procurement, $759,466,000. 

9 (4) For ammunition procurement, 

10 $370,635,000. 

11 (5) For other procurement, $6,329,966,000. 

12 (6) For the Joint Improvised Explosive Device 

13 Defeat Fund, $2,099,850,000. 

14 SEC. 1503. NAVY AND MARINE CORPS PROCUREMENT. 

15 (a) NAVY.—Funds are hereby authorized to be appro16 priated for fiscal year 2010 for procurement accounts for 

17 the Navy in amounts as follows: 

18 (1) For aircraft procurement, $916,553,000. 

19 (2) For weapons procurement, $73,700,000. 

20 (3) For other procurement, $318,018,000. 

21 (b) MARINE CORPS.—Funds are hereby authorized to 

22 be appropriated for fiscal year 2010 for the procurement 

23 account for the Marine Corps in the amount of 

24 $1,164,445,000. 

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

26 are hereby authorized to be appropriated for fiscal year 


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1 2010 for the procurement account for ammunition for the 

2 Navy and the Marine Corps in the amount of 

3 $710,780,000. 

4 SEC. 1504. AIR FORCE PROCUREMENT. 

5 Funds are hereby authorized to be appropriated for 

6 fiscal year 2010 for procurement accounts for the Air 

7 Force in amounts as follows: 

8 (1) For aircraft procurement, $896,441,000. 

9 (2) For missile procurement, $36,625,000. 

10 (3) For ammunition procurement, 

11 $256,819,000. 

12 (4) For other procurement, $2,321,549,000. 

13 SEC. 1505. DEFENSE-WIDE ACTIVITIES PROCUREMENT. 

14 Funds are hereby authorized to be appropriated for 

15 fiscal year 2010 for the procurement account for Defense16 wide activities as follows: 

17 (1) For Defense-wide procurement, 

18 $491,430,000. 

19 (2) For the Mine Resistant Ambush Protected 

20 Vehicle Fund, $5,456,000,000. 

21 SEC. 1506. RESEARCH, DEVELOPMENT, TEST, AND EVALUA22 TION. 

23 Funds are hereby authorized to be appropriated for 

24 fiscal year 2010 for the use of the Department of Defense 

25 for research, development, test, and evaluation as follows: 


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1 (1) For the Army, $57,962,000. 

2 (2) For the Navy, $107,180,000. 

3 (3) For the Air Force, $29,286,000. 

4 (4) For Defense-wide activities, $115,826,000. 

5 SEC. 1507. OPERATION AND MAINTENANCE. 

6 Funds are hereby authorized to be appropriated for 

7 fiscal year 2010 for the use of the Armed Forces for ex8 penses, not otherwise provided for, for operation and 

9 maintenance, in amounts as follows: 

10 (1) For the Army, $52,070,661,000. 

11 (2) For the Navy, $5,650,733,000. 

12 (3) For the Marine Corps, $3,701,600,000. 

13 (4) For the Air Force, $10,026,868,000. 

14 (5) For Defense-wide activities, $7,578,300,000 

15 (6) For the Army Reserve, $204,326,000. 

16 (7) For the Navy Reserve, $68,059,000. 

17 (8) For the Marine Corps Reserve, 

18 $86,667,000. 

19 (9) For the Air Force Reserve, $125,925,000. 

20 (10) For the Army National Guard, 

21 $321,646,000. 

22 (11) For the Air National Guard, 

23 $289,862,000. 

24 (12) For the Afghanistan Security Forces 

25 Fund, $7,462,769,000. 


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1 (13) For the Iraq Freedom Fund, 

2 $115,300,000. 

3 SEC. 1508. MILITARY PERSONNEL. 

4 There is hereby authorized to be appropriated for fis5 cal year 2010 for the Department of Defense for military 

6 personnel in the amount of $13,586,341,000. 

7 SEC. 1509. WORKING CAPITAL FUNDS. 

8 Funds are hereby authorized to be appropriated for 

9 fiscal year 2010 for the use of the Armed Forces and other 

10 activities and agencies of the Department of Defense for 

11 providing capital for working capital and revolving funds 

12 in the amount of $396,915,000, for the Defense Working 

13 Capital Funds. 

14 SEC. 1510. DEFENSE HEALTH PROGRAM. 

15 Funds are hereby authorized to be appropriated for 

16 the Department of Defense for fiscal year 2010 for ex17 penses, not otherwise provided for, for the Defense Health 

18 Program in the amount of $1,155,235,000 for operation 

19 and maintenance. 

20 SEC. 1511. DRUG INTERDICTION AND COUNTER-DRUG AC21 TIVITIES, DEFENSE-WIDE. 

22 Funds are hereby authorized to be appropriated for 

23 the Department of Defense for fiscal year 2010 for ex24 penses, not otherwise provided for, for Drug Interdiction 


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1 and Counter-Drug Activities, Defense-wide in the amount 

2 of $324,603,000. 

3 SEC. 1512. DEFENSE INSPECTOR GENERAL. 

4 Funds are hereby authorized to be appropriated for 

5 the Department of Defense for fiscal year 2010 for ex6 penses, not otherwise provided for, for the Office of the 

7 Inspector General of the Department of Defense in the 

8 amount of $8,876,000. 

9 SEC. 1513. TREATMENT AS ADDITIONAL AUTHORIZATIONS. 

10 The amounts authorized to be appropriated by this 

11 title are in addition to amounts otherwise authorized to 

12 be appropriated by this Act. 

13 SEC. 1514. FUNDING TABLES. 

14 (a) AMOUNTS FOR PROCUREMENT.—The amounts 

15 authorized to be appropriated by sections 1502, 1503, 

16 1504, and 1505 shall be available, in accordance with the 

17 requirements of section 4001, for projects, programs, and 

18 activities, and in the amounts, specified in the funding 

19 table in section 4102. 

20 (b) AMOUNTS FOR RESEARCH, DEVELOPMENT, 

21 TEST, AND EVALUATION.—The amounts authorized to be 

22 appropriated by section 1506 shall be available, in accord23 ance with the requirements of section 4001, for projects, 

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

25 the funding table in section 4202. 


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1 (c) AMOUNTS FOR OPERATION AND MAINTE2 NANCE.—The amounts authorized to be appropriated by 

3 section 1507 shall be available, in accordance with the re4 quirements of section 4001, for projects, programs, and 

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

6 table in section 4302. 

7 (d) OTHER AMOUNTS.—The amounts authorized to 

8 be appropriated by sections 1509, 1510, 1511, and 1512 

9 shall be available, in accordance with the requirements of 

10 section 4001, for projects, programs, and activities, and 

11 in the amounts, specified in the funding table in section 

12 4402. 

13 SEC. 1515. SPECIAL TRANSFER AUTHORITY. 

14 (a) AUTHORITY TO TRANSFER AUTHORIZATIONS.— 

15 (1) AUTHORITY.—Upon determination by the 

16 Secretary of Defense that such action is necessary in 

17 the national interest, the Secretary may transfer 

18 amounts of authorizations made available to the De19 partment of Defense in this title for fiscal year 2010 

20 between any such authorizations for that fiscal year 

21 (or any subdivisions thereof). Amounts of authoriza22 tions so transferred shall be merged with and be 

23 available for the same purposes as the authorization 

24 to which transferred. 


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1 (2) LIMITATION.—The total amount of author2 izations that the Secretary may transfer under the 

3 authority of this subsection may not exceed 

4 $4,500,000,000. 

5 (b) TERMS AND CONDITIONS.—Transfers under this 

6 section shall be subject to the same terms and conditions 

7 as transfers under section 1001. 

8 (c) ADDITIONAL AUTHORITY.—The transfer author9 ity provided by this section is in addition to the transfer 

10 authority provided under section 1001. 

11 SEC. 1516. LIMITATIONS ON AVAILABILITY OF FUNDS IN AF12 GHANISTAN SECURITY FORCES FUND. 

13 Funds appropriated pursuant to the authorization of 

14 appropriations for the Afghanistan Security Forces Fund 

15 in section 1507(12) shall be subject to the conditions con16 tained in subsections (b) through (g) of section 1513 of 

17 the National Defense Authorization Act for Fiscal Year 

18 2008 (Public Law 110–181; 122 Stat. 428). 

19 SEC. 1517. AVAILABILITY OF FUNDS IN PAKISTAN COUN20 TERINSURGENCY FUND. 

21 (a) AVAILABILITY.— 

22 (1) IN GENERAL.—Funds authorized to be ap23 propriated for the Department of State for fiscal 

24 year 2010 that are transferred by the Secretary of 

25 State to the Secretary of Defense during that fiscal 


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1 year for the Pakistan Counterinsurgency Fund shall 

2 be merged with amounts in the Pakistan Counter3 insurgency Fund and available subject to the provi4 sions of this section. 

5 (2) INITIAL ASSESSMENT REQUIRED BEFORE

6 USE OF FUNDS.—Funds available under this section 

7 may not be utilized until the Secretary of Defense 

8 submits to the appropriate committees of Congress 

9 a report setting forth an assessment by the Sec10 retary as to whether the Government of Pakistan is 

11 committed to confronting the threat posed by Al 

12 Qaeda, the Taliban, and other militant extremists 

13 based on a determination by the Government of 

14 Pakistan that— 

15 (A) these groups pose a threat to the na16 tional interests of Pakistan; and 

17 (B) confronting the threat posed by these 

18 groups is critical to the national interests of 

19 Pakistan. 

20 (b) USE OF FUNDS.— 

21 (1) IN GENERAL.—Funds in the Pakistan 

22 Counterinsurgency Fund pursuant to a transfer 

23 under subsection (a) shall be available to the Sec24 retary of Defense to provide assistance to the secu25 rity forces of Pakistan to build the counterinsurVerDate Nov 24 2008 23:21 Jul 02, 2009 Jkt 059200 PO 00000 Frm 00498 Fmt 6652 Sfmt 6201 E:\BILLS\S1391.PCS S1391

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1 gency capability of the Pakistan military forces and 

2 the Pakistan Frontier Corps. 

3 (2) TYPES OF ASSISTANCE.—Assistance pro4 vided under this subsection may include the provi5 sion of equipment, supplies, services, training, facil6 ity and infrastructure repair, renovation, construc7 tion and funding. 

8 (3) URGENT HUMANITARIAN RELIEF AND RE9 CONSTRUCTION.—In addition to the assistance re10 ferred to in paragraph (2), up to $4,000,000 of the 

11 funds in the Pakistan Counterinsurgency Fund pur12 suant to a transfer described in subsection (a) may 

13 be used for a program to respond to urgent humani14 tarian relief and reconstruction requirements that 

15 will immediately assist Pakistani people affected by 

16 military operations. 

17 (c) AUTHORITY IN ADDITION TO OTHER AUTHORI18 TIES.—The authority to provide assistance under this sec19 tion is in addition to any other authority to provide assist20 ance to foreign nations. 

21 (d) TRANSFERS AUTHORITY.— 

22 (1) TRANSFERS AUTHORIZED.—Subject to 

23 paragraph (2), funds in the Pakistan Counterinsur24 gency Fund pursuant to a transfer described in sub25 section (a) may be transferred by the Secretary of 


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1 Defense from the Pakistan Counterinsurgency Fund 

2 to any of the following accounts and funds of the 

3 Department of Defense to accomplish the purposes 

4 specified in subsection (b): 

5 (A) Operation and maintenance accounts. 

6 (B) Procurement accounts. 

7 (C) Research, development, test, and eval8 uation accounts. 

9 (D) Defense working capital funds. 

10 (E) Overseas Humanitarian, Disaster, and 

11 Civic Aid account. 

12 (2) ADDITIONAL AUTHORITY.—The transfer au13 thority provided by paragraph (1) is in addition to 

14 any other transfer authority available to the Depart15 ment of Defense. 

16 (3) EFFECT ON AUTHORIZATION AMOUNTS.—A 

17 transfer of an amount to an account under the au18 thority in paragraph (1) shall be deemed to increase 

19 the amount authorized for such account by an 

20 amount equal to the amount transferred. 

21 (e) PRIOR NOTICE TO CONGRESS OF TRANSFER.— 

22 Funds in the Pakistan Counterinsurgency Fund pursuant 

23 to a transfer described in subsection (a) may not be trans24 ferred under subsection (d)(1) from the Pakistan Counter25 insurgency Fund until 15 days after the date on which 


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1 the Secretary of Defense notifies the appropriate commit2 tees of Congress in writing of the details of the proposed 

3 transfer. 

4 (f) QUARTERLY REPORTS.—Not later than 30 days 

5 after the end of each fiscal-year quarter of fiscal years 

6 2010 and 2011, the Secretary of Defense shall submit to 

7 the appropriate committees of Congress a report summa8 rizing the details of any obligation or transfer of funds 

9 from the Pakistan Counterinsurgency Fund under this 

10 section during such fiscal-year quarter. 

11 (g) DURATION OF AUTHORITY.—Amounts trans12 ferred to the Pakistan Counterinsurgency Fund as de13 scribed in subsection (a) are available for obligation or 

14 transfer from the Pakistan Counterinsurgency Fund in ac15 cordance with this section until September 30, 2011. 

16 (h) APPROPRIATE COMMITTEES OF CONGRESS DE17 FINED.—In this section, the term ‘‘appropriate commit18 tees of Congress’’ means— 

19 (1) the Committee on Armed Services, the 

20 Committee on Foreign Relations, and the Committee 

21 on Appropriations of the Senate; and 

22 (2) the Committee on Armed Services, the 

23 Committee on Foreign Affairs, and the Committee 

24 on Appropriations of the House of Representatives. 


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Calendar No. 90 

111TH CONGRESS 

1ST SESSION S. 1391 

A BILL 

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, 

JULY 2, 2009 

Read twice and placed on the calendar 


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