```

[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 1391 Placed on Calendar Senate (PCS)]

                                                        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.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Department of Defense Authorization 
Act for Fiscal Year 2010''.

SEC. 2. TABLE OF CONTENTS.

    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.
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.
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.
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.
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.
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

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.
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

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.
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.

SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES.

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

                          TITLE I--PROCUREMENT

              Subtitle A--Authorization of Appropriations

SEC. 101. ARMY.

    Funds are hereby authorized to be appropriated for fiscal year 2010 
for procurement for the Army as follows:
            (1) For aircraft, $5,144,891,000.
            (2) For missiles, $1,375,109,000.
            (3) For weapons and tracked combat vehicles, 
        $2,451,952,000.
            (4) For ammunition, $2,059,895,000.
            (5) For other procurement, $9,617,991,000.

SEC. 102. NAVY AND MARINE CORPS.

    (a) Navy.--Funds are hereby authorized to be appropriated for 
fiscal year 2010 for procurement for the Navy as follows:
            (1) For aircraft, $18,655,412,000.
            (2) For weapons, including missiles and torpedoes, 
        $3,515,455,000.
            (3) For shipbuilding and conversion, $13,776,867,000.
            (4) For other procurement, $5,595,176,000.
    (b) Marine Corps.--Funds are hereby authorized to be appropriated 
for fiscal year 2010 for procurement for the Marine Corps in the amount 
of $1,600,638,000.
    (c) Navy and Marine Corps Ammunition.--Funds are hereby authorized 
to be appropriated for fiscal year 2010 for procurement of ammunition 
for the Navy and the Marine Corps in the amount of $840,675,000.

SEC. 103. AIR FORCE.

    Funds are hereby authorized to be appropriated for fiscal year 2010 
for procurement for the Air Force as follows:
            (1) For aircraft, $13,077,876,000.
            (2) For missiles, $6,107,728,000.
            (3) For ammunition, $822,462,000.
            (4) For other procurement, $17,245,341,000.

SEC. 104. DEFENSE-WIDE ACTIVITIES.

    Funds are hereby authorized to be appropriated for fiscal year 2010 
for Defense-wide procurement as follows:
            (1) For Defense-wide procurement, $4,050,052,000.
            (2) For the Rapid Acquisition Fund, $79,300,000.
            (3) For the Mine Resistant Ambush Protected Vehicle Fund, 
        $1,200,000,000.

SEC. 105. FUNDING TABLE.

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

                       Subtitle B--Navy Programs

SEC. 111. TREATMENT OF LITTORAL COMBAT SHIP PROGRAM AS A MAJOR DEFENSE 
              ACQUISITION PROGRAM.

    Effective as of the date of the enactment of this Act, the program 
for the Littoral Combat Ship shall be treated as a major defense 
acquisition program for purposes of chapter 144 of title 10, United 
States Code.

SEC. 112. REPORT ON STRATEGIC PLAN FOR HOMEPORTING THE LITTORAL COMBAT 
              SHIP.

    (a) Report Required.--Not later than 90 days after the date of the 
enactment of this Act, the Secretary of the Navy shall submit to the 
congressional defense committees a report setting forth the strategic 
plan of the Navy for homeporting the Littoral Combat Ship (LCS) on the 
East Coast and West Coast of the United States.
    (b) Elements.--The report required by subsection (a) shall include 
the following:
            (1) The requirements for homeporting of the Littoral Combat 
        ship of the commanders of the combatant commands, set forth by 
        geographic area of responsibility (AOR).
            (2) A description of the manner in which the Navy will meet 
        the requirements identified under paragraph (1).
            (3) An assessment of the effect of each type of Littoral 
        Combat Ship on each port in which such ship could be 
        homeported.
            (4) A map, based on the current plan of 55 Littoral Combat 
        Ships, identifying where each ship will homeport and how such 
        ports will accommodate both types of Littoral Combat Ships, 
        based on the current program and a 313-ship Navy.
            (5) An estimate of the costs of infrastructure required for 
        Littoral Combat Ships at each homeport, including--
                    (A) existing infrastructure; and
                    (B) such upgraded infrastructure as may be 
                required.

SEC. 113. PROCUREMENT PROGRAMS FOR FUTURE NAVAL SURFACE COMBATANTS.

    (a) Limitation on Availability of Funds Pending Reports About 
Surface Combatant Shipbuilding Programs.--The Secretary of the Navy may 
not obligate or expend funds for the construction of, or advanced 
procurement of materials for, a surface combatant to be constructed 
after fiscal year 2011 until the Secretary has submitted to Congress 
each of the following:
            (1) An acquisition strategy for such surface combatants 
        that has been approved by the Department of Defense.
            (2) The results of reviews by the Joint Requirements 
        Oversight Council for an Acquisition Category I program that 
        supports the need for an acquisition strategy to procure 
        surface combatants after fiscal year 2011.
            (3) A verification by an independent review panel convened 
        by the Secretary of Defense that, in evaluating the 
        shipbuilding program concerned, the Secretary of the Navy 
        considered each of the following:
                    (A) Modeling and simulation, including war gaming 
                conclusions regarding combat effectiveness for the 
                selected ship platforms as compared to other reasonable 
                alternative approaches.
                    (B) Assessments of platform operational 
                availability.
                    (C) Life cycle costs from vessel manning levels to 
                accomplish missions.
            (4) An intelligence analysis reflecting a coordinated 
        threat assessment of the Defense Intelligence Agency that 
        provides the basis for deriving the mix of platforms in the 
        shipbuilding program concerned when compared with the surface 
        combatants in the 2009 shipbuilding plan.
            (5) The differences in cost and schedule arising from the 
        need to accommodate new sensors and weapons in future surface 
        combatants to counter the future threats referred to in 
        paragraph (4) when compared with the cost and schedule arising 
        from the need to accommodate sensors and weapons on surface 
        combatants as contemplated by the 2009 shipbuilding plan for 
        the vessels concerned.
            (6) A verification by the commanders of the combatant 
        commands that the shipbuilding program for the vessels 
        concerned would be preferable to the surface combatants 
        included in the 2009 shipbuilding plan for the vessels 
        concerned in meeting all of their future mission requirements.
            (7) A joint review by the Navy and the Missile Defense 
        Agency setting forth additional requirements for investment in 
        Aegis ballistic missile defense (BMD) beyond the number of DDG-
        51 and CG-47 vessels planned to be equipped for this mission 
        area in the budget of the President for fiscal year 2010 (as 
        submitted to Congress pursuant to section 1105 of title 31, 
        United States Code).
    (b) Future Surface Combatant Acquisition Strategy.--Not later than 
the date upon which President submits to Congress the budget for fiscal 
year 2012 (as so submitted), the Secretary of the Navy shall submit to 
the congressional defense committees a plan to provide for full and 
open competition on the combat systems for surface combatants proposed 
in the future-years defense program submitted to Congress under section 
221 of title 10, United States Code, together with such budget. The 
plan shall include specifics on the intent of the Navy to satisfy 
criteria described in subsection (a) and evaluate applicable 
technologies during the request for proposal and selection process.
    (c) Naval Surface Fire Support.--Not later than 120 days after the 
enactment of this Act, the Secretary of the Navy shall submit to the 
congressional defense committees an update to the March 2006 Report to 
Congress on Naval Surface Fire Support. The update shall identify how 
the Department of Defense intends to address any shortfalls between 
required naval surface fire support capability and the plan of the Navy 
to provide that capability. The update shall include addenda by the 
Chief of Naval Operations and Commandant of the Marine Corps, as was 
the case in the 2006 report.
    (d) Technology Roadmap for Future Surface Combatants and Fleet 
Modernization.--
            (1) In general.--Not later than 120 days after the date of 
        the enactment of this Act, the Secretary of the Navy shall 
        develop a plan to incorporate into surface combatants 
        constructed after 2011, and into fleet modernization programs, 
        the technologies developed for the DDG-1000 destroyer and the 
        DDG-51 and CG-47 Aegis ships, including the following:
                    (A) For the DDG-1000 destroyer--
                            (i) combat system;
                            (ii) multi-function and dual-band radars;
                            (iii) hull, mechanical and electrical 
                        systems achieving significant manpower savings; 
                        and
                            (iv) integrated electric propulsion 
                        technologies.
                    (B) For the DDG-51 and CG-47 Aegis ships--
                            (i) combat system, including missile 
                        defense capability;
                            (ii) hull, mechanical and electrical 
                        systems achieving manpower savings; and
                            (iii) anti-submarine warfare sensor systems 
                        designed for operating in open ocean areas.
            (2) Scope of plan.--The plan required by paragraph (1) 
        shall include sufficient detail for systems and subsystems to 
        ensure that the plan--
                    (A) avoids redundant development for common 
                functions;
                    (B) reflects implementation of Navy plans for 
                achieving an open architecture for all naval surface 
                combat systems; and
                    (C) fosters full and open competition.
    (e) Definition.--In this section:
            (1) The term ``2009 shipbuilding plan'' means the 30-year 
        shipbuilding plan submitted to Congress pursuant to section 
        231, title 10, United States Code, together with the budget of 
        the President for fiscal year 2009 (as submitted to Congress 
        pursuant to section 1105 of title 31, United States Code).
            (2) The term ``surface combatant'' means a cruiser, a 
        destroyer, or any naval vessel under a program currently 
        designated as a future surface combatant program.

SEC. 114. REPORT ON A SERVICE LIFE EXTENSION PROGRAM FOR OLIVER HAZARD 
              PERRY CLASS FRIGATES.

    Not later than 90 days after the date of the enactment of this Act, 
the Secretary of the Navy shall submit to the congressional defense 
committees a report setting forth the following:
            (1) A detailed analysis of a service life extension program 
        (SLEP) for the Oliver Hazard Perry class frigates (FFGs), 
        including--
                    (A) the cost of the program;
                    (B) a schedule for the program; and
                    (C) the shipyards available to carry out the work 
                under the program.
            (2) A detailed plan of the Navy for achieving a 313-ship 
        fleet as contemplated by the 2006 Quadrennial Defense Review, 
        including a comparison for purposes of that plan of 
        decommissioning Oliver Hazard Perry class frigates as scheduled 
        with extending the service life of such frigates under the 
        service life extension program.
            (3) The strategic plan of the Navy for the manner in which 
        the Littoral Combat Ship (LCS) will fulfill the roles and 
        missions currently performed by the Oliver Hazard Perry class 
        frigates as they are decommissioned.
            (4) The strategic plan of the Navy for the Littoral Combat 
        Ship if the extension of the service life of the Oliver Hazard 
        Perry class frigates alleviates demand arising under the 
        current capabilities gap in the Littoral Combat Ship.
            (5) A description of the manner in which the Navy has met 
        the needs of the United States Southern Command over time, 
        including the assets and vessels the Navy has deployed for 
        military-to-military engagements, UNITAS exercises, and 
        counterdrug operations in support of the Commander of the 
        United States Southern Command during the five-year period 
        ending on the date of the report.

                     Subtitle C--Air Force Matters

SEC. 121. LIMITATION ON RETIREMENT OF C-5 AIRCRAFT.

    (a) Limitation.--The Secretary of the Air Force may not proceed 
with a decision to retire C-5A aircraft from the active inventory of 
the Air Force in any number that would reduce the total number of such 
aircraft in the active inventory below 111 until--
            (1) the Air Force has modified a C-5A aircraft to the 
        configuration referred to as the Reliability Enhancement and 
        Reengining Program (RERP) configuration, as planned under the 
        C-5 System Development and Demonstration program as of May 1, 
        2003; and
            (2) the Director of Operational Test and Evaluation of the 
        Department of Defense--
                    (A) conducts an operational evaluation of that 
                aircraft, as so modified; and
                    (B) provides to the Secretary of Defense and the 
                congressional defense committees an operational 
                assessment.
    (b) Operational Evaluation.--An operational evaluation for purposes 
of paragraph (2)(A) of subsection (a) is an evaluation, conducted 
during operational testing and evaluation of the aircraft, as so 
modified, of the performance of the aircraft with respect to 
reliability, maintainability, and availability and with respect to 
critical operational issues.
    (c) Operational Assessment.--An operational assessment for purposes 
of paragraph (2)(B) of subsection (a) is an operational assessment of 
the program to modify C-5A aircraft to the configuration referred to in 
subsection (a)(1) regarding both overall suitability and deficiencies 
of the program to improve performance of the C-5A aircraft relative to 
requirements and specifications for reliability, maintainability, and 
availability of that aircraft as in effect on May 1, 2003.
    (d) Additional Limitations on Retirement of Aircraft.--The 
Secretary of the Air Force may not retire C-5 aircraft from the active 
inventory as of the date of this Act until the later of the following:
            (1) The date that is 150 days after the date on which the 
        Director of Operational Test and Evaluation submits the report 
        referred to in subsection (a)(2)(B).
            (2) The date that is 120 days after the date on which the 
        Secretary submits the report required under subsection (e).
            (3) The date that is 30 days after the date on which the 
        Secretary certifies to the congressional defense committees 
        that--
                    (A) the retirement of such aircraft will not 
                increase the operational risk of meeting the National 
                Defense Strategy; and
                    (B) the retirement of such aircraft will not reduce 
                the total strategic airlift force structure below 324 
                strategic airlift aircraft.
    (e) Report on Retirement of Aircraft.--The Secretary of the Air 
Force shall submit to the congressional defense committees a report 
setting forth the following:
            (1) The rationale for the retirement of existing C-5 
        aircraft and a cost/benefit analysis of alternative strategic 
        airlift force structures, including the force structure that 
        would result from the retirement of such aircraft.
            (2) An assessment of the costs and benefits of applying the 
        Reliability Enhancement and Re-engining Program (RERP) 
        modification to the entire the C-5A aircraft fleet.
            (3) An assessment of the implications for the Air Force, 
        the Air National Guard, and the Air Force Reserve of operating 
        a mix of C-5A aircraft and C-5M aircraft.
            (4) An assessment of the costs and benefits of increasing 
        the number of C-5 aircraft in Back-up Aircraft Inventory (BAI) 
        status as a hedge against future requirements of such aircraft.
            (5) An assessment of the costs, benefits, and implications 
        of transferring C-5 aircraft to United States flag carriers 
        operating in the Civil Reserve Air Fleet (CRAF) program or to 
        coalition partners in lieu of the retirement of such aircraft.
            (6) Such other matters relating to the retirement of C-5 
        aircraft as the Secretary considers appropriate.
    (f) Maintenance of Aircraft Upon Retirement.--The Secretary of the 
Air Force shall maintain any C-5 aircraft retired after the date of the 
enactment of this Act in Type 1000 storage until opportunities for the 
transfer of such aircraft as described in subsection (e)(5) have been 
fully exhausted.

SEC. 122. REVISED AVAILABILITY OF CERTAIN FUNDS AVAILABLE FOR THE F-22A 
              FIGHTER AIRCRAFT.

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

SEC. 123. REPORT ON POTENTIAL FOREIGN MILITARY SALES OF THE F-22A 
              FIGHTER AIRCRAFT.

    (a) Report Required.--Not later than 180 days after the date of the 
enactment of this Act, the Secretary of Defense shall, in coordination 
with the Secretary of State and in consultation with the Secretary of 
the Air Force, submit to the congressional defense committees, the 
Committee on Foreign Relations of the Senate, and the Committee on 
Foreign Affairs of the House of Representatives a report on potential 
foreign military sales of the F-22A fighter aircraft.
    (b) Elements.--The report required by subsection (a) shall include 
the following:
            (1) An estimate of the costs to the United States 
        Government, industry, and any foreign military sales customer 
        of developing an exportable version of the F-22A fighter 
        aircraft.
            (2) An assessment whether an exportable version of the F-
        22A fighter aircraft is technically feasible and executable, 
        and, if so, a timeline for achieving an exportable version of 
        the aircraft.
            (3) An assessment of the potential strategic implications 
        of permitting foreign military sales of the F-22A fighter 
        aircraft.
            (4) An assessment of the impact of foreign military sales 
        of the F-22A fighter aircraft on the United States aerospace 
        and aviation industry, and the advantages and disadvantages of 
        such sales for sustaining that industry.
            (5) An identification of any modifications to current law 
        that are required to authorize foreign military sales of the F-
        22A fighter aircraft.

SEC. 124. NEXT GENERATION BOMBER AIRCRAFT.

    (a) Findings.--Congress makes the following findings:
            (1) Long-range strike is a critical mission in which the 
        United States needs to retain a credible and dominant 
        capability.
            (2) Long range, penetrating strike systems provide--
                    (A) a hedge against being unable to obtain access 
                to forward bases for political reasons;
                    (B) a capacity to respond quickly to contingencies;
                    (C) the ability to base outside the reach of 
                emerging adversary anti-access and area-denial 
                capabilities; and
                    (D) the ability to impose disproportionate 
                defensive costs on prospective adversaries of the 
                United States.
            (3) The 2006 Quadrennial Defense Review found that there 
        was a requirement for a next generation bomber aircraft and 
        directed the United States Air Force to ``develop a new land-
        based, penetrating long range strike capability to be fielded 
        by 2018''.
            (4) On April 6, 2009, Secretary Gates announced that the 
        United States ``will not pursue a development program for a 
        follow-on Air Force bomber until we have a better understanding 
        of the need, the requirement and the technology''.
            (5) On May 7, 2009, President Barack Obama announced the 
        termination of the next generation bomber aircraft program in 
        the document of the Office of Management and Budget entitled 
        ``Terminations, Reductions, and Savings'', stating that ``there 
        is no urgent need to begin an expensive development program for 
        a new bomber'' and that ``the future bomber fleet may not be 
        affordable over the next six years''.
            (6) The United States will need a new long-range strike 
        capability because the conflicts of the future will likely 
        feature heavily defended airspace, due in large part to the 
        proliferation of relatively inexpensive, but sophisticated and 
        deadly, air defense systems.
            (7) General Michael Maples, the Director of the Defense 
        Intelligence Agency, noted during a March 10, 2009, hearing of 
        the Committee on Armed Services of the Senate on worldwide 
        threats that ``Russia, quite frankly, is the developer of most 
        of those [advanced air defense] systems and is exporting those 
        systems both to China and to other countries in the world''.
            (8) The Final Report of the Congressional Commission on the 
        Strategic Posture of the United States, submitted to Congress 
        on May 6, 2009, states that ``[t]he bomber force is valuable 
        particularly for extending deterrence in time of crisis, as 
        their deployment is visible and signals U.S. commitment. 
        Bombers also impose a significant cost burden on potential 
        adversaries in terms of the need to invest in advanced air 
        defenses''.
            (9) The commanders of the United States Pacific Command, 
        the United States Strategic Command, and the United States 
        Joint Forces Command have each testified before the Committee 
        on Armed Services of the Senate in support of the capability 
        that the next generation bomber aircraft would provide.
            (10) On June 17, 2009, General James Cartwright, Vice-
        Chairman of the Joint Chiefs of Staff and chair of the Joint 
        Requirements Oversight Council, stated during a hearing before 
        the Committee on Armed Services of the Senate that ``the nation 
        needs a new bomber''.
            (11) Nearly half of the United States bomber aircraft 
        inventory (47 percent) pre-dates the Cuban Missile Crisis.
            (12) The only air-breathing strike platforms the United 
        States possesses today with reach and survivability to have a 
        chance of successfully executing missions more than 1,000 
        nautical miles into enemy territory from the last air-to-air 
        refueling are 16 combat ready B-2 bomber aircraft.
            (13) The B-2 bomber aircraft was designed in the 1980s and 
        achieved initial operational capability over a decade ago.
            (14) The crash of an operational B-2 bomber aircraft during 
        takeoff at Guam in early 2008 indicates that attrition can and 
        does occur even in peacetime.
            (15) The primary mission requirement of the next generation 
        bomber aircraft is the ability to strike targets anywhere on 
        the globe with whatever weapons the contingency requires.
            (16) The requisite aerodynamic, structural, and low-
        observable technologies to develop the next generation bomber 
        aircraft already exist in fifth-generation fighter aircraft.
    (b) Policy on Continued Development of Next Generation Bomber 
Aircraft in Fiscal Year 2010.--It is the policy of the United States to 
support a development program for next generation bomber aircraft 
technologies.

               Subtitle D--Joint and Multiservice Matters

SEC. 131. MODIFICATION OF NATURE OF DATA LINK UTILIZABLE BY TACTICAL 
              UNMANNED AERIAL VEHICLES.

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

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

              Subtitle A--Authorization of Appropriations

SEC. 201. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--Funds are hereby authorized to be appropriated for 
fiscal year 2010 for the use of the Department of Defense for research, 
development, test, and evaluation as follows:
            (1) For the Army, $10,863,003,000.
            (2) For the Navy, $19,597,696,000.
            (3) For the Air Force, $28,693,952,000.
            (4) For Defense-wide activities, $20,555,270,000.
            (5) For Operational Test and Evaluation, Defense, 
        $190,770,000.
    (b) Funding Table.--The amounts authorized to be appropriated by 
subsection (a) shall be available, in accordance with the requirements 
of section 4001, for projects, programs, and activities, and in the 
amounts, specified in the funding table in section 4201.

    Subtitle B--Program Requirements, Restrictions, and Limitations

SEC. 211. CONTINUED DEVELOPMENT OF COMPETITIVE PROPULSION SYSTEM FOR 
              THE JOINT STRIKE FIGHTER PROGRAM.

    Of the amounts authorized to be appropriated or otherwise made 
available for fiscal year 2010 for research, development, test, and 
evaluation for the F-35 Lightning II aircraft program, not more than 90 
percent may be obligated until the Secretary of Defense submits to the 
congressional defense committees a written certification that 
sufficient funds have been obligated for fiscal year 2010 for the 
continued development of a competitive propulsion system for the F-35 
Lightning II aircraft to ensure that system development and 
demonstration continues under the program during fiscal year 2010

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.

    (a) Authority To Review Proposals for Significant Changes.--Section 
196(c) of title 10, United States Code, is amended--
            (1) in paragraph (1), by redesignating subparagraphs (A) 
        and (B) as clauses (i) and (ii), respectively;
            (2) by redesignating paragraphs (1) through (4) as 
        subparagraphs (A) through (D), respectively;
            (3) by inserting ``(1)'' before ``The Director'';
            (4) by redesignating subparagraphs (B), (C), and (D), as so 
        redesignated, as subparagraphs (C), (D), and (E), respectively; 
        and
            (5) by inserting after subparagraph (A), as so 
        redesignated, the following new subparagraph (B):
            ``(B) To review proposed significant changes to the test 
        and evaluation facilities and resources of the Major Range and 
        Test Facility Base before they are implemented by the 
        Secretaries of the military departments or the heads of the 
        Defense Agencies with test and evaluation responsibilities and 
        advise the Secretary of Defense and the Under Secretary of 
        Acquisition, Technology, and Logistics of the impact of such 
        changes on the adequacy of such test and evaluation facilities 
        and resources to meet the test and evaluation requirements of 
        the Department.''.
    (b) Access to Records and Data.--Such section is further amended by 
adding at the end the following new paragraph:
    ``(2) The Director shall have access to all records and data of the 
test and evaluation activities, facilities, and elements of the Major 
Range and Test Facility Base, including the records and data of each 
military department and Defense Agency, that the Director considers 
necessary in order to carry out the Director's duties under paragraph 
(1)(B).''.

SEC. 213. GUIDANCE ON SPECIFICATION OF FUNDING REQUESTED FOR OPERATION, 
              SUSTAINMENT, MODERNIZATION, AND PERSONNEL OF MAJOR RANGES 
              AND TEST FACILITIES.

    (a) Guidance on Specification of Funding.--The Secretary of Defense 
shall, acting through the Under Secretary of Defense (Comptroller) and 
the Director of the Department of Defense Test Resource Management 
Center, issue guidance on the specification by the military departments 
and Defense Agencies of amounts to be requested in the budget of the 
President for a fiscal year (as submitted to Congress pursuant to 
section 1105(a) of title 31, United States Code) for funding for each 
facility and resource of the Major Range and Test Facility Base in 
connection with each of the following:
            (1) Operation.
            (2) Sustainment.
            (3) Investment and modernization.
            (4) Government personnel.
            (5) Contractor personnel.
    (b) Applicability.--The guidance issued under subsection (a) shall 
apply with respect to budgets of the President for fiscal years after 
fiscal year 2010.
    (c) Major Range and Test Facility Base Defined.--In this section, 
the term ``Major Range and Test Facility Base'' has the meaning given 
that term in section 196(h) of title 10, United States Code.

SEC. 214. PERMANENT AUTHORITY FOR THE JOINT DEFENSE MANUFACTURING 
              TECHNOLOGY PANEL.

    Section 2521 of title 10, United States Code, is amended--
            (1) by redesignating subsection (e) as subsection (f); and
            (2) by inserting after subsection (d) the following new 
        subsection (e):
    ``(e) Joint Defense Manufacturing Technology Panel.--(1) There is 
in the Department of Defense the Joint Defense Manufacturing Technology 
Panel.
    ``(2)(A) The Chair of the Joint Defense Manufacturing Technology 
Panel shall be the head of the Panel. The Chair shall be appointed, on 
a rotating basis, from among the appropriate personnel of the military 
departments and Defense Agencies with manufacturing technology 
programs.
    ``(B) The Panel shall be composed of at least one individual from 
among appropriate personnel of each military department and Defense 
Agency with manufacturing technology programs. The Panel may include as 
ex-officio members such individuals from other government 
organizations, academia, and industry as the Chair considers 
appropriate.
    ``(3) The purposes of the Panel shall be as follows:
            ``(A) To identify and integrate requirements for the 
        program.
            ``(B) To conduct joint planning for the program.
            ``(C) To develop joint strategies for the program.
    ``(4) In carrying out the purposes specified in paragraph (3), the 
Panel shall perform the functions as follows:
            ``(A) Conduct comprehensive reviews and assessments of 
        defense-related manufacturing issues being addressed by the 
        manufacturing technology programs and related activities of the 
        Department of Defense.
            ``(B) Execute strategic planning to identify joint planning 
        opportunities for increased cooperation in the development and 
        implementation of technological products and the leveraging of 
        funding for such purposes with the private sector and other 
        government agencies.
            ``(C) Ensure the integration and coordination of 
        requirements and programs under the program with Office of the 
        Secretary of Defense and other national-level initiatives, 
        including the establishment of information exchange processes 
        with other government agencies, private industry, academia, and 
        professional associations.
            ``(D) Conduct such other functions as the Under Secretary 
        of Defense for Acquisition, Technology, and Logistics shall 
        specify.
    ``(5) The Panel shall report to and receive direction from the 
Director of Defense Research and Engineering on manufacturing 
technology issues of multi-service concern and application.
    ``(6) The administrative expenses of the Panel shall be borne by 
each military department and Defense Agency with manufacturing 
technology programs in such manner as the Panel shall provide.''.

SEC. 215. EXTENSION AND ENHANCEMENT OF GLOBAL RESEARCH WATCH PROGRAM.

    (a) Limitation on Availability of Certain Funds for Military 
Departments Pending Provision of Assistance Under Program.--Subsection 
(d) of section 2365 of title 10, United States Code, is amended by 
adding at the end the following new paragraph:
    ``(3)(A) Funds available to a military department for a fiscal year 
for monitoring or analyzing the research activities and capabilities of 
foreign nations may not be obligated or expended until the Director 
certifies to the Under Secretary of Defense for Acquisition, 
Technology, and Logistics that the Secretary of such military 
department has provided the assistance required under paragraph (2) .
    ``(B) The limitation in subparagraph (A) shall not be construed to 
alter or effect the availability to a military department of funds for 
intelligence activities.''.
    (b) Four-year Extension of Program.--Subsection (f) of such section 
is amended by striking ``September 30, 2011'' and inserting ``September 
30, 2015''.

SEC. 216. THREE-YEAR EXTENSION OF AUTHORITY FOR PRIZES FOR ADVANCED 
              TECHNOLOGY ACHIEVEMENTS.

    Section 2374a(f) of title 10, United States Code, is amended by 
striking ``September 30, 2010'' and inserting ``September 30, 2013''.

SEC. 217. MODIFICATION OF REPORT REQUIREMENTS REGARDING DEFENSE SCIENCE 
              AND TECHNOLOGY PROGRAM.

    Section 212 of the National Defense Authorization Act for Fiscal 
Year 2000 (10 U.S.C. 2501 note) is amended by striking subsection (b), 
(c), and (d) and inserting the following new subsections:
    ``(b) Funding Objective.--It is the sense of Congress that it 
should be an objective of the Secretary of Defense to increase the 
budget for the Defense Science and Technology Program, including the 
science and technology program of each military department, for each 
fiscal year after fiscal year 2010 over the budget for that program for 
the preceding fiscal year by a percent that is at least equal to the 
rate of inflation, as determined by the Office of Management and 
Budget.
    ``(c) Actions Following Failure To Comply With Objective.--If the 
proposed budget of the Department of Defense for a fiscal year fails to 
comply with the objective set forth in subsection (b), the Secretary of 
Defense shall submit to the congressional defense committees each of 
the following:
            ``(1) Not later than 60 days after the proposed budget is 
        submitted to Congress, a detailed, prioritized list, including 
        estimates of required funding, of proposals for science and 
        technology projects received by the Department through 
        competitive solicitations in the fiscal year preceding the 
        fiscal year covered by the proposed budget which were not 
        funded but represent science and technology opportunities that 
        support the research and development programs and goals of the 
        military departments and the Defense Agencies.
            ``(2) Not later than six months after the proposed budget 
        is submitted to Congress, an independent assessment, in both 
        classified and unclassified form (as necessary), of any 
        research, technology, or engineering areas that are of interest 
        to the Department in which the United States may not have 
        global technical leadership within the next 10 years.
    ``(d) Sunset.--The requirements of this section shall terminate on 
December 31, 2014.''.

SEC. 218. PROGRAMS FOR GROUND COMBAT VEHICLE AND SELF PROPELLED 
              HOWITZER CAPABILITIES FOR THE ARMY.

    (a) Programs Required.--
            (1) In general.--The Secretary of Defense shall carry out a 
        separate program to achieve each of the following:
                    (A) The development, test, and fielding of an 
                operationally effective, suitable, survivable, and 
                affordable next generation ground combat vehicle for 
                the Army.
                    (B) The development, test, and fielding of an 
                operationally effective, suitable, survivable, and 
                affordable next generation self-propelled howitzer 
                capability for the Army.
            (2) Compliance with certain acquisition requirements.--Each 
        program under paragraph (1) shall comply with the requirements 
        of the Weapons Systems Acquisition Reform Act of 2009, and the 
        amendments made by that Act .
    (b) Strategy and Plan for Acquisition.--
            (1) In general.--Not later than March 31, 2010, the 
        Secretary shall submit to the congressional defense committees 
        a report setting forth a strategy and plan for the acquisition 
        of weapon systems under the programs required by subsection 
        (a). Each strategy and plan shall include measurable goals and 
        objectives for the acquisition of such weapon systems, and 
        shall identify all proposed major development, testing, 
        procurement, and fielding events toward the achievement of such 
        goals and objectives.
            (2) Elements.--In developing each strategy and plan under 
        paragraph (1), the Secretary shall consider the following:
                    (A) A single vehicle or family of vehicles 
                utilizing a common chassis and automotive components.
                    (B) The incorporation of weapon, vehicle, 
                communications, network, and system of systems common 
                operating environment technologies developed under the 
                Future Combat Systems program.
    (c) Annual Reports.--
            (1) Reports required.--The Secretary shall submit to the 
        congressional defense committees, at the same time the 
        President submits to Congress the budget for each of fiscal 
        years 2011 through 2015 (as submitted pursuant to section 
        1105(a) of title 31, United States Code), a report on the 
        investments proposed to be made under such budget with respect 
        to each program required by subsection (a).
            (2) Elements.--Each report under paragraph (1) shall set 
        forth, for the fiscal year covered by the budget with which 
        such report is submitted--
                    (A) the manner in which amounts requested in such 
                budget would be available for each program required by 
                subsection (a); and
                    (B) an assessment of the extent to which utilizing 
                such amount in such manner would improve ground combat 
                capabilities for the Army.

SEC. 219. ASSESSMENT OF TECHNOLOGICAL MATURITY AND INTEGRATION RISK OF 
              ARMY MODERNIZATION PROGRAMS.

    (a) Assessment Required.--The Director of Defense Research and 
Engineering shall, in consultation with the Director of Developmental 
Test and Evaluation, review and assess the technological maturity and 
integration risk of critical technologies (as jointly identified by the 
Director and the Secretary of the Army for purposes of this section) of 
Army modernization programs and appropriate associated programs, 
including the programs as follows:
            (1) Manned Ground Vehicle and Ground Combat Vehicle.
            (2) Future Combat Systems network hardware and software.
            (3) Warfighter Information Network-Tactical, Increment 3.
            (4) Joint Tactical Radio System.
            (5) Reconnaissance unmanned aerial vehicles.
            (6) Future Combat Systems Spin Out technologies.
            (7) Any other programs jointly identified by the Director 
        and the Secretary for purposes of this section.
    (b) Report.--Not later than nine months after the date of the 
enactment of this Act, the Secretary of Defense shall submit to the 
congressional defense committees a report on the technological maturity 
and integration risk of critical technologies of Army modernization and 
associated programs covered by the review and assessment required under 
subsection (a), as determined pursuant to that assessment.

SEC. 220. ASSESSMENT OF STRATEGY FOR TECHNOLOGY FOR MODERNIZATION OF 
              THE COMBAT VEHICLE AND TACTICAL WHEELED VEHICLE FLEETS.

    (a) Independent Assessment of Strategy Required.--
            (1) In general.--Not later than 30 days after the date of 
        the enactment of this Act, the Secretary of Defense shall enter 
        into a contract with an appropriate entity independent of the 
        United States Government to conduct an independent assessment 
        of current, anticipated, and potential research and engineering 
        activities for or applicable to the modernization of the combat 
        vehicle fleet and tactical wheeled vehicle fleet of the 
        Department of Defense.
            (2) Access to information and resources.--The Secretary 
        shall provide the entity with which the Secretary contracts 
        under paragraph (1) access to such information and resources as 
        are appropriate to conduct the assessment required by that 
        paragraph.
    (b) Report.--
            (1) In general.--The contract required by subsection (a) 
        shall provide that the entity with which the Secretary 
        contracts under that subsection shall submit to the Secretary 
        of Defense and the congressional defense committees a report on 
        the assessment required by that subsection not later than 
        December 31, 2010.
            (2) Elements.--The report required by paragraph (1) shall 
        include the following:
                    (A) A detailed discussion of the requirements and 
                capability needs identified or proposed for current and 
                prospective combat vehicles and tactical wheeled 
                vehicles.
                    (B) An identification of capability gaps for combat 
                vehicles and tactical wheeled vehicles based on lessons 
                learned from recent conflicts and an assessment of 
                emerging threats.
                    (C) An identification of the critical technology 
                elements or integration risks associated with 
                particular categories of combat vehicles and tactical 
                wheeled vehicles, and with particular missions of such 
                vehicles.
                    (D) Recommendations for a plan to develop and 
                deploy within the next 10 years critical technology 
                capabilities to address the capability gaps identified 
                pursuant to subparagraph (B), including an 
                identification of high priority science and technology, 
                research & engineering, and prototyping opportunities.
                    (E) Such other matters as the Secretary considers 
                appropriate.

SEC. 221. SYSTEMS ENGINEERING AND PROTOTYPING PROGRAM.

    (a) Program Required.--The Secretary of Defense shall, acting 
through the Under Secretary of Defense for Acquisition, Technology, and 
Logistics, carry out a program to encourage and fund systems 
engineering and prototyping efforts in support of Department of Defense 
goals and missions.
    (b) Objectives.--The objectives of the program required by 
subsection (a) shall be as follows:
            (1) To develop system prototypes for systems that provide 
        capabilities supportive of addressing Department of Defense 
        goals, needs, and requirements.
            (2) To successfully demonstrate new systems in relevant 
        environments.
            (3) To encourage the training of systems engineers and the 
        development of systems engineering tools and practices.
    (c) Selection of Projects.--
            (1) Program areas.--The Under Secretary of Defense for 
        Acquisition, Technology, and Logistics shall, in consultation 
        with the military departments and the Defense Agencies, 
        designate general areas for systems engineering and prototype 
        projects under the program required by subsection (a).
            (2) Solicitation of projects.--The Under Secretary shall 
        solicit for the selection of projects under the program within 
        the areas designated under paragraph (1) from among other 
        government entities, federally-funded research and development 
        centers, academia, the private sector, and such other persons, 
        organizations, and entities as the Under Secretary considers 
        appropriate.
            (3) Selection.--The Under Secretary shall select projects 
        for implementation under the program from among responses to 
        the solicitations made under paragraph (2). The Under Secretary 
        shall select such projects on a competitive basis.
    (d) Implementation of Projects.--For each project selected under 
subsection (c)(3), the Under Secretary of Defense for Acquisition, 
Technology, and Logistics shall designate a military department or 
Defense Agency to implement the project as part of the program required 
by subsection (a).
    (e) Funding of Projects.--
            (1) In general.--The Under Secretary of Defense for 
        Acquisition, Technology, and Logistics shall, subject to 
        paragraphs (2) and (3), provide funds for each project selected 
        under subsection (c)(3) in an amount jointly determined by the 
        Under Secretary and the acquisition executive of the military 
        department or Defense Agency concerned.
            (2) Limitation on amount of funds.--The amount of funds 
        provided to a project under paragraph (1) shall be not greater 
        than the amount equal to 50 percent of the total cost of the 
        project.
            (3) Limitation on period of funding.--A project may not be 
        provided funds under this subsection for more than three fiscal 
        years.
            (4) Source of other funding.--Any funds required for a 
        project under this section that are not provided under this 
        subsection shall be derived from funds available to the 
        military department or Defense Agency concerned, or another 
        appropriate source other than this subsection.
    (f) Annual Report.--Not later than March 31 each year, the Under 
Secretary of Defense for Acquisition, Technology, and Logistics shall 
submit to the congressional defense committees a report on the 
activities carried out under the program required by subsection (a) 
during the preceding fiscal year.
    (g) Acquisition Executive Defined.--In this section, the term 
``acquisition executive'', with respect to a military department or 
Defense Agency, means the official designated as the senior procurement 
executive for the military department or Defense Agency for the 
purposes of section 16(c) of the Office of Federal Procurement Policy 
Act (41 U.S.C. 414 (c)).

                  Subtitle C--Missile Defense Programs

SEC. 241. SENSE OF CONGRESS ON BALLISTIC MISSILE DEFENSE.

    It is the sense of Congress that--
            (1) the United States should develop, test, field, and 
        maintain operationally effective, cost-effective, affordable, 
        reliable, suitable, and survivable ballistic missile defense 
        systems that are capable of defending the United States, its 
        forward-deployed forces, allies, and other friendly nations 
        from the threat of ballistic missile attacks from nations such 
        as North Korea and Iran;
            (2) the missile defense force structure and inventory 
        levels of such missile defense systems should be determined 
        based on an assessment of ballistic missile threats and a 
        determination by senior military leaders, combatant commanders, 
        and defense officials of the requirements and capabilities 
        needed to address those threats; and
            (3) the test and evaluation program for such missile 
        defense systems should be rigorous, robust, operationally 
        realistic, and capable of providing a high level of confidence 
        in the capability of such systems (including their continuing 
        effectiveness over the course of their service lives), and 
        adequate resources should be available for that test and 
        evaluation program (including interceptor missiles and targets 
        for flight tests).

SEC. 242. COMPREHENSIVE PLAN FOR TEST AND EVALUATION OF THE BALLISTIC 
              MISSILE DEFENSE SYSTEM.

    (a) Plan Required.--
            (1) In general.--The Secretary of Defense shall establish a 
        comprehensive plan for the developmental and operational 
        testing and evaluation of the Ballistic Missile Defense System 
        and its various elements.
            (2) Period of plan.--The plan shall cover the period 
        covered by the future-years defense program that is submitted 
        to Congress under section 221 of title 10, United States Code, 
        at or about the same time as the submittal to Congress of the 
        budget of the President for fiscal year 2011.
            (3) Input.--In establishing the plan, the Secretary shall 
        receive input on matters covered by the plan from the 
        following:
                    (A) The Director of the Missile Defense Agency.
                    (B) The Director of Operational Test and 
                Evaluation.
                    (C) The operational test components of the military 
                departments.
    (b) Elements.--The plan required by subsection (a) shall include, 
with regard to developmental and operational testing of the Ballistic 
Missile Defense System, the following:
            (1) Test and evaluation objectives.
            (2) Test and evaluation criteria and metrics.
            (3) Test and evaluation procedures and methodology.
            (4) Data requirements.
            (5) System and element configuration under test.
            (6) Approaches to verification, validation, and 
        accreditation of models and simulations.
            (7) The relative role of models and simulations, ground 
        tests, and flight tests in achieving the objectives of the 
        plan.
            (8) Test infrastructure and resources, including test range 
        limitations and potential range enhancements.
            (9) Test readiness review approaches and methodology.
            (10) Testing for system and element integration and 
        interoperability.
            (11) Means for achieving operational realism and means of 
        demonstrating operational effectiveness, suitability and 
        survivability.
            (12) Detailed descriptions of planned tests.
            (13) A description of the resources required to implement 
        the plan.
    (c) Report.--
            (1) In general.--Not later than March 1, 2011, the 
        Secretary shall submit to the congressional defense committees 
        a report setting forth and describing the plan required by 
        subsection (a) and each of the elements required in the plan 
        under subsection (b).
            (2) Additional information on ground-based midcourse 
        defense.--The report required by this subsection shall, in 
        addition to the matters specified in paragraph (1), include a 
        detailed description of the test and evaluation activities 
        pertaining to the Ground-based Midcourse Defense (GMD) element 
        of the Ballistic Missile Defense System as follows:
                    (A) Plans for salvo testing.
                    (B) Plans for multiple simultaneous engagement 
                testing.
                    (C) Plans for intercept testing using the Cobra 
                Dane radar as the engagement sensor.
                    (D) Plans to test and demonstrate the ability of 
                the system to accomplish its mission over the planned 
                term of its operational service life (also known as 
                ``sustainment testing'').
            (3) Form.--The report required by this subsection shall be 
        submitted in unclassified form, but may include a classified 
        annex.

SEC. 243. ASSESSMENT AND PLAN FOR THE GROUND-BASED MIDCOURSE DEFENSE 
              ELEMENT OF THE BALLISTIC MISSILE DEFENSE SYSTEM.

    (a) Sense of Congress.--It is the sense of Congress that--
            (1) the Ground-based Midcourse Defense (GMD) element of the 
        Ballistic Missile Defense System should be an operationally 
        effective, cost-effective, affordable, reliable, suitable, and 
        survivable system capable of defending the United States from 
        the threat of long-range missile attacks from nations such as 
        North Korea and Iran, and adequate resources should be 
        available to create and maintain such a capability (including 
        continuing effectiveness over the course of its service life);
            (2) the force structure and inventory levels of the Ground-
        based Midcourse Defense element should be determined based on 
        an assessment of ballistic missile threats from nations such as 
        North Korea and Iran and a determination by senior military 
        leaders, combatant commanders, and defense officials of the 
        requirements and capabilities needed to address those threats; 
        and
            (3) the test and evaluation program for the Ground-based 
        Midcourse Defense element should be rigorous, robust, 
        operationally realistic, and capable of providing a high degree 
        of confidence in the capability of the system (including 
        testing to demonstrate the continuing effectiveness of the 
        system over the course of its service life), and adequate 
        resources should be available for that test and evaluation 
        program (including interceptor missiles and targets for flight 
        tests).
    (b) Assessment Required.--
            (1) In general.--As part of the Quadrennial Defense Review 
        and the Ballistic Missile Defense Review, the Secretary of 
        Defense shall conduct an assessment of the following:
                    (A) Ground-based Midcourse Defense element of the 
                Ballistic Missile Defense System.
                    (B) Future options for the Ground-based Midcourse 
                Defense element.
            (2) Elements.--The assessment required by paragraph (1) 
        shall include an assessment of the following:
                    (A) The ballistic missile threat against which the 
                Ground-based Midcourse Defense element is intended to 
                defend.
                    (B) The military requirement for Ground-based 
                Midcourse Defense capabilities against such missile 
                threat.
                    (C) The current capabilities of the Ground-based 
                Midcourse Defense element.
                    (D) The planned capabilities of the Ground-based 
                Midcourse Defense element, if different from the 
                capabilities under subparagraph (B).
                    (E) The force structure and inventory levels 
                necessary for the Ground-based Midcourse Defense 
                element to achieve the planned capabilities of that 
                element, including an analysis of the costs and the 
                potential advantages and disadvantages of deploying 44 
                operational Ground-based Interceptor missiles.
                    (F) The infrastructure necessary to achieve such 
                capabilities, including the number and location of 
                operational silos.
                    (G) The number of Ground-based Interceptor missiles 
                necessary for operational assets, test assets 
                (including developmental and operational test assets 
                and aging and surveillance test assets), and spare 
                missiles.
            (3) Report.--At or about the same time the budget of the 
        President for fiscal year 2011 is submitted to Congress 
        pursuant to section 1105 of title 31, United States Code, the 
        Secretary shall submit to the congressional defense committees 
        a report setting forth the results of the assessment required 
        by paragraph (1). The report shall be in unclassified form, but 
        may include a classified annex.
    (c) Plan Required.--
            (1) In general.--In addition to the assessment required by 
        subsection (b), the Secretary shall establish a plan for the 
        Ground-based Midcourse Defense element of the Ballistic Missile 
        Defense System. The plan shall cover the period of the future-
        years defense program that is submitted to Congress under 
        section 221 of title 10, United States Code, at or about the 
        same time as the submittal to Congress of the budget of the 
        President for fiscal year 2011.
            (2)  Elements.--The plan required by paragraph (1) shall 
        include the following elements:
                    (A) The schedule for achieving the planned 
                capability of the Ground-based Midcourse Defense 
                element, including the completion of operational silos, 
                the delivery of operational Ground-Based Interceptors, 
                and the deployment of such interceptors in those silos.
                    (B) The plan for funding the development, 
                production, deployment, testing, improvement, and 
                sustainment of the Ground-based Midcourse Defense 
                element.
                    (C) The plan to maintain the operational 
                effectiveness of the Ground-based Midcourse Defense 
                element over the course of its service life, including 
                any modernization or capability enhancement efforts, 
                and any sustainment efforts.
                    (D) The plan for flight testing the Ground-based 
                Midcourse Defense element, including aging and 
                surveillance tests to demonstrate the continuing 
                effectiveness of the system over the course of its 
                service life.
                    (E) The plan for production of Ground-Based 
                Interceptor missiles necessary for operational assets, 
                developmental and operational test assets, aging and 
                surveillance test assets, and spare missiles.
            (3) Report.--At or about the same time the budget of the 
        President for fiscal year 2011 is submitted to Congress 
        pursuant to section 1105 of title 31, United States Code, the 
        Secretary shall submit to the congressional defense committees 
        a report setting forth the plan required by paragraph (1). The 
        report shall be in unclassified form, but may include a 
        classified annex.
    (d) Construction.--Nothing in this section shall be construed as 
altering or revising the continued production of all Ground-Based 
Interceptor missiles on contract as of June 23, 2009.

SEC. 244. REPORT ON POTENTIAL MISSILE DEFENSE COOPERATION WITH RUSSIA.

    (a) Report Required.--
            (1) In general.--Not later than 120 days after the date of 
        the enactment of this Act, the Secretary of Defense shall 
        submit to the congressional defense committees a report setting 
        forth potential options for cooperation among or between the 
        United States, the North Atlantic Treaty Organization (NATO), 
        and the Russian Federation on ballistic missile defense.
            (2) Form.--The report shall be submitted in unclassified 
        form, but may include a classified annex.
    (b) Elements.--The report required by subsection (a) shall include 
the following:
            (1) A description of proposals made by the United States, 
        the North Atlantic Treaty Organization, or the Russian 
        Federation since January 1, 2007, for potential missile defense 
        cooperation among or between such countries and that 
        organization, including data sharing, cooperative regional 
        missile defense architectures, joint exercises, and 
        transparency and confidence building measures.
            (2) A description of options for the sharing by such 
        countries and that organization of ballistic missile 
        surveillance or early warning data, including data from the 
        Russian early warning radars at Gabala in Azerbaijan, and 
        Armavir in southern Russia or other radars, such as the United 
        States radar proposed for deployment in the Czech Republic.
            (3) An assessment of the potential for implementation of 
        the agreement between the United States and the Russian 
        Federation on the establishment of a Joint Data Exchange 
        Center.
            (4) An assessment of the potential for missile defense 
        cooperation between the Russian Federation and the North 
        Atlantic Treaty Organization, including through the NATO-Russia 
        Council.
            (5) An assessment of the potential security benefits to the 
        United States, Russia, and the North Atlantic Treaty 
        Organization of the cooperation described in paragraph (4).
            (6) Such other matters as the Secretary considers 
        appropriate.

                       Subtitle D--Other Matters

SEC. 251. REPEAL OF REQUIREMENT FOR BIENNIAL JOINT WARFIGHTING SCIENCE 
              AND TECHNOLOGY PLAN.

    Section 270 of the National Defense Authorization Act for Fiscal 
Year 1997 (10 U.S.C. 2501 note) is repealed.

                  TITLE III--OPERATION AND MAINTENANCE

              Subtitle A--Authorization of Appropriations

SEC. 301. OPERATION AND MAINTENANCE FUNDING.

    (a) Authorization of Appropriations.--Funds are hereby authorized 
to be appropriated for fiscal year 2010 for the use of the Armed Forces 
and other activities and agencies of the Department of Defense, for 
expenses, not otherwise provided for, for operation and maintenance, in 
amounts as follows:
            (1) For the Army, $30,932,882,000.
            (2) For the Navy, $35,890,046,000.
            (3) For the Marine Corps, $5,547,223,000.
            (4) For the Air Force, $34,053,559,000.
            (5) For Defense-wide activities, $27,645,997,000.
            (6) For the Army Reserve, $2,623,796,000.
            (7) For the Navy Reserve, $1,278,501,000.
            (8) For the Marine Corps Reserve, $228,925,000.
            (9) For the Air Force Reserve, $3,079,228,000.
            (10) For the Army National Guard, $6,260,634,000.
            (11) For the Air National Guard, $5,888,461,000.
            (12) For the United States Court of Appeals for the Armed 
        Forces, $13,932,000.
            (13) For the Acquisition Development Workforce Fund, 
        $100,000,000.
            (14) For Environmental Restoration, Army, $415,864,000.
            (15) For Environmental Restoration, Navy, $285,869,000.
            (16) For Environmental Restoration, Air Force, 
        $494,276,000.
            (17) For Environmental Restoration, Defense-wide, 
        $11,100,000.
            (18) For Environmental Restoration, Formerly Used Defense 
        Sites, $267,700,000.
            (19) For Overseas Humanitarian, Disaster and Civic Aid 
        programs, $109,869,000.
            (20) For Cooperative Threat Reduction programs, 
        $424,093,000.
            (21) For Overseas Contingency Operations Transfer Fund, 
        $5,000,000.
    (b) Funding Table.--The amounts authorized by subsection (a) shall 
be available, in accordance with the requirements of section 4001, for 
projects, programs, and activities, and in the amounts, specified in 
the funding table in section 4301.

                  Subtitle B--Environmental Provisions

SEC. 311. REIMBURSEMENT OF ENVIRONMENTAL PROTECTION AGENCY FOR CERTAIN 
              COSTS IN CONNECTION WITH THE FORMER NANSEMOND ORDNANCE 
              DEPOT SITE, SUFFOLK, VIRGINIA.

    (a) Authority to Reimburse.--
            (1) Transfer amount.--Using funds described in subsection 
        (b) and notwithstanding section 2215 of title 10, United States 
        Code, the Secretary of Defense may transfer not more than 
        $68,623 during fiscal year 2010 to the Former Nansemond 
        Ordnance Depot Site Special Account, within the Hazardous 
        Substance Superfund.
            (2) Purpose of reimbursement.--The payment under paragraph 
        (1) is final payment to reimburse the Environmental Protection 
        Agency for all costs incurred in overseeing a time critical 
        removal action performed by the Department of Defense under the 
        Defense Environmental Restoration Program for ordnance and 
        explosive safety hazards at the Former Nansemond Ordnance Depot 
        Site, Suffolk, Virginia.
            (3) Interagency agreement.--The reimbursement described in 
        paragraph (2) is provided for in an interagency agreement 
        entered into by the Department of the Army and the 
        Environmental Protection Agency for the Former Nansemond 
        Ordnance Depot Site in December 1999.
    (b) Source of Funds.--Any payment under subsection (a) shall be 
made using funds authorized to be appropriated by section 301(a)(18) 
for operation and maintenance for Environmental Restoration, Formerly 
Used Defense Sites.
    (c) Use of Funds.--The Environmental Protection Agency shall use 
the amount transferred under subsection (a) to pay costs incurred by 
the Agency at the Former Nansemond Ordnance Depot Site.

                 Subtitle C--Workplace and Depot Issues

SEC. 321. MODIFICATION OF AUTHORITY FOR ARMY INDUSTRIAL FACILITIES TO 
              ENGAGE IN COOPERATIVE ACTIVITIES WITH NON-ARMY ENTITIES.

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

SEC. 322. IMPROVEMENT OF INVENTORY MANAGEMENT PRACTICES.

    (a) Inventory Management Practices Improvement Plan Required.--Not 
later than 270 days after the date of the enactment of this Act, the 
Secretary of Defense shall submit to the congressional defense 
committees a comprehensive plan for improving the inventory management 
systems of the military departments and the Defense Logistics Agency 
with the objective of reducing the acquisition and storage of secondary 
inventory that is excess to requirements.
    (b) Elements.--The plan under subsection (a) shall include the 
following:
            (1) A plan for a comprehensive review of demand-forecasting 
        procedures to identify and correct any systematic weaknesses in 
        such procedures, including the development of metrics to 
        identify bias toward over-forecasting and adjust forecasting 
        methods accordingly.
            (2) A plan to accelerate the efforts of the Department of 
        Defense to achieve total asset visibility, including efforts to 
        link wholesale and retail inventory levels through multi-
        echelon modeling.
            (3) A plan to reduce the average level of on-order 
        secondary inventory that is excess to requirements, including a 
        requirement for the systemic review of such inventory for 
        possible contract termination.
            (4) A plan for the review and validation of methods used by 
        the military departments and the Defense Logistics Agency to 
        establish economic retention requirements.
            (5) A plan for an independent review of methods used by the 
        military departments and the Defense Logistics Agency to 
        establish contingency retention requirements.
            (6) A plan to identify items stored in secondary inventory 
        that require substantial amounts of storage space and shift 
        such items, where practicable, to direct vendor delivery.
            (7) A plan for a comprehensive assessment of inventory 
        items on hand that have no recurring demands, including the 
        development of--
                    (A) metrics to track years of no demand for items 
                in stock; and
                    (B) procedures for ensuring the systemic review of 
                such items for potential reutilization or disposal.
            (8) A plan to more aggressively pursue disposal reviews and 
        actions on stocks identified for potential reutilization or 
        disposal.
    (c) GAO Reports.--
            (1) Assessment of plan.--Not later than 60 days after the 
        date on which the plan required by subsection (a) is submitted 
        as specified in that subsection, the Comptroller General of the 
        United States shall submit to the congressional defense 
        committees a report setting forth an assessment of the extent 
        to which the plan meets the requirements of this section.
            (2) Assessment of implementation.--Not later than 18 months 
        after the date on which the plan required by subsection (a) is 
        submitted, the Comptroller General shall submit to the 
        congressional defense committees a report setting forth an 
        assessment of the extent to which the plan has been effectively 
        implemented by each military department and by the Defense 
        Logistics Agency.
    (d) Inventory That Is Excess to Requirements Defined.--In this 
section, the term ``inventory that is excess to requirements'' means 
inventory that--
            (1) is excess to the approved acquisition objective 
        concerned; and
            (2) is not needed for the purposes of economic retention or 
        contingency retention.

SEC. 323. TEMPORARY SUSPENSION OF AUTHORITY FOR PUBLIC-PRIVATE 
              COMPETITIONS.

    (a) Temporary Suspension.--During the period beginning on the date 
of the enactment of this Act and ending on the date on which the 
Secretary of Defense submits to the congressional defense committees 
the certification described in subsection (b), no study or public-
private competition regarding the conversion to contractor performance 
of any function of the Department of Defense performed by civilian 
employees may be begun or announced pursuant to section 2461 of title 
10, United States Code, Office of Management and Budget Circular A-76, 
or any other authority.
    (b) Certification.--The certification described in this subsection 
is a certification that--
            (1) the Secretary of Defense has completed and submitted to 
        Congress a complete inventory of contracts for services for or 
        on behalf of the Department of Defense in compliance with the 
        requirements of subsection (c) of section 2330a of title 10, 
        United States Code; and
            (2) the Secretary of each military department and the head 
        of each Defense Agency responsible for activities in the 
        inventory is in compliance with the review and planning 
        requirements of subsection (e) of such section.

SEC. 324. EXTENSION OF ARSENAL SUPPORT PROGRAM INITIATIVE.

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

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.

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

                     Subtitle D--Energy Provisions

SEC. 331. ENERGY SECURITY ON DEPARTMENT OF DEFENSE INSTALLATIONS.

    (a) Plan for Energy Security Required.--
            (1) In general.--Not later than 180 days after the date of 
        the enactment of this Act, the Secretary of Defense shall 
        develop a plan for identifying and addressing areas in which 
        the electricity needed to carry out critical military missions 
        on Department of Defense installations is vulnerable to 
        disruption.
            (2) Elements.--The plan developed under paragraph (1) shall 
        include, at a minimum, the following:
                    (A) An identification of the areas of vulnerability 
                as described in paragraph (1), and an identification of 
                priorities in addressing such areas of vulnerability.
                    (B) A schedule for the actions to be taken by the 
                Department to address such areas of vulnerability.
                    (C) A strategy for working with other public or 
                private sector entities to address such areas of 
                vulnerability that are beyond the control of the 
                Department.
    (b) Work With Non-Department of Defense Entities.--
            (1) In general.--The Secretary of Defense shall work with 
        other Federal entities, and with State and local government 
        entities, to develop any regulations or other mechanisms needed 
        to require or encourage actions to address areas of 
        vulnerability identified pursuant to the plan developed under 
        subsection (a) that are beyond the control of the Department of 
        Defense.
            (2) Contract authority.--Where necessary to achieve the 
        purposes of this section, the Secretary may enter into a 
        contract, grant, or other agreement with one or more 
        appropriate public or private sector entities under which such 
        entity or entities agree to carry out actions required to 
        address areas of vulnerability identified pursuant to the plan 
        developed under subsection (a) that are beyond the control of 
        the Department. Any such contract, grant, or agreement may 
        provide for the full or partial reimbursement of the entity 
        concerned by the Department for actions taken by the entity 
        under such contract, grant, or agreement.

SEC. 332. EXTENSION AND EXPANSION OF REPORTING REQUIREMENTS REGARDING 
              DEPARTMENT OF DEFENSE ENERGY EFFICIENCY PROGRAMS.

    (a) New Reporting Requirements.--Section 317(e) of the National 
Defense Authorization Act for Fiscal Year 2002 (Public Law 107-107; 115 
Stat. 1054) is amended to read as follows:
    ``(e) Reporting Requirements.--
            ``(1) In general.--Not later one year after the date of the 
        enactment of this Act, and each January 1 thereafter through 
        2020, the Secretary shall submit to the congressional defense a 
        report regarding progress made toward achieving the energy 
        efficiency goals of the Department of Defense, consistent with 
        the provisions of section 303 of Executive Order 13123 (64 Fed. 
        Reg. 30851; 42 U.S.C. 8521 note) and section 11(b) of Executive 
        Order 13423 (72 Fed. Reg. 3919; 42 U.S.C. 4321 note).
            ``(2) Reports submitted after january 1, 2009.--Each report 
        required under paragraph (1) that is submitted after the date 
        of the enactment of the National Defense Authorization Act for 
        Fiscal Year 2010 shall include the following:
                    ``(A) A table detailing funding, by account, for 
                all energy projects and investments.
                    ``(B) A description of the funding and steps taken 
                to achieve the renewable energy goals in the Energy 
                Policy Act of 2005 (42 U.S.C. 15801 et seq.) and 
                Executive Order 13423 by fiscal year 2015, and section 
                2911(e) of title 10, United States Code, by fiscal year 
                2025.
                    ``(C) A description of steps taken to ensure that 
                facility and installation management goals are 
                consistent with current legislative and other 
                requirements, including applicable requirements under 
                the Energy Independence and Security Act of 2007 
                (Public Law 110-140).
                    ``(D) A description of steps taken to determine 
                best practices for measuring energy consumption in 
                Department of Defense facilities and installations in 
                order to use the data for better energy management.
                    ``(E) A description of steps taken to comply with 
                requirements of the Energy Independence and Security 
                Act of 2007, including new design and construction 
                requirements for buildings.
                    ``(F) A description of steps taken to comply with 
                section 533 of the National Energy Conservation Policy 
                Act (42 U.S.C. 8259b), regarding the supply by the 
                General Services Administration and the Defense 
                Logistics Agency of Energy Star and Federal Energy 
                Management Program (FEMP) designated products to its 
                Department of Defense customers.
                    ``(G) A description of steps taken to encourage the 
                use of Energy Star and FEMP designated products at 
                military installations in government or contract 
                maintenance activities.
                    ``(H) A description of steps taken to comply with 
                standards for projects built using appropriated funds 
                and established by the Energy Independence and Security 
                Act of 2007 for privatized construction projects, 
                whether residential, administrative, or industrial.
                    ``(I) A description of any other issues and 
                strategies the Secretary determines relevant to a 
                comprehensive and renewable energy policy.''.
    (b) Additional Material Required for First Expanded Report.--The 
first report submitted by the Secretary of Defense under section 317(e) 
of the National Defense Authorization Act for Fiscal Year 2002 (Public 
Law 107-107; 115 Stat. 1054), as amended by subsection (a), after the 
date of the enactment of this Act shall include, in addition to the 
matters required under such section, the following:
            (1) A determination of whether the existing tools, such as 
        the Energy Conservation Investment Program (ECIP) and the 
        Energy Savings Performance Contracts (ESPC) program, are 
        sufficient to support renewable energy projects to achieve the 
        Department's installation energy goals, or if new funding 
        mechanisms would be beneficial.
            (2) An appropriate goal or goals for the use of alternative 
        fuels for ground vehicles, aircraft, sea vessels, and 
        applicable weapons systems, taking into consideration a broad 
        range of factors, including cost, availability, technological 
        feasibility, energy independence and security, and 
        environmental impact.
            (3) A determination of the cost and feasibility of a policy 
        that would require new power generation projects established on 
        installations to be able to switch to provide power for 
        military operations in the event of a commercial grid outage.
            (4) An assessment of the extent to which State and regional 
        laws and regulations and market structures provide 
        opportunities or obstacles to establish renewable energy 
        projects on military installations.
            (5) A determination of the cost and feasibility of 
        developing or acquiring equipment or systems that would result 
        in the complete use of renewable energy sources at contingency 
        locations.
            (6) A determination of the cost and feasibility of 
        implementing the recommendations of the 2008 Defense Science 
        Board Report entitled, ``More Fight - Less Fuel''.

SEC. 333. ALTERNATIVE AVIATION FUEL INITIATIVE.

    (a) Findings.--Congress makes the following findings:
            (1) Dependence on foreign sources of oil is detrimental to 
        the national security of the United States due to possible 
        disruptions in supply.
            (2) The Department of Defense is the largest single 
        consumer of fuel in the United States.
            (3) The United States Air Force is the largest consumer of 
        fuel in the Department of Defense.
            (4) The dramatically fluctuating price of fuel can have a 
        significant budgetary impact on the Department of Defense.
            (5) The United States Air Force uses about 2,600,000,000 
        gallons of jet fuel a year, or 10 percent of the entire 
        domestic market in aviation fuel.
            (6) The Air Force's Alternative Aviation Fuel Initiative 
        includes certification and testing of both biomass-derived 
        (``biofuel'') and synthetic fuel blends produced via the 
        Fischer-Tropsch (FT) process. By not later than December 31, 
        2016, the Air Force will be prepared to cost competitively 
        acquire 50 percent of the Air Force's domestic aviation fuel 
        requirement via an alternative fuel blend in which the 
        alternative component is derived from domestic sources produced 
        in a manner that is greener than fuels produced from 
        conventional petroleum.
            (7) The Air Force Energy Program will provide options to 
        reduce the use of foreign oil, by focusing on expanding 
        alternative energy options that provide favorable environmental 
        attributes as compared to currently-available options.
    (b) Continuation of Initiatives.--
            (1) In general.--The Secretary of the Air Force shall 
        continue the alternative aviation fuel initiatives of the Air 
        Force with a goal of--
                    (A) certifying its aircraft, applicable vehicles 
                and support equipment, and associated storage and 
                distribution infrastructure for unrestricted 
                operational use of a synthetic fuel blend by early 
                2011;
                    (B) being prepared to acquire 50 percent of its 
                domestic aviation fuel requirement from alternative or 
                synthetic fuels (including blends of alternative or 
                synthetic fuels with conventional fuels) by not later 
                than December 31, 2016, provided that--
                            (i) the lifecycle greenhouse gas emissions 
                        associated with the production and combustion 
                        of such fuel shall be equal to or lower than 
                        such emissions from conventional fuels that are 
                        used in the same application, as determined in 
                        accordance with guidance by the Department of 
                        Energy and the Environmental Protection Agency; 
                        and
                            (ii) prices for such fuels are cost 
                        competitive with petroleum-based alternatives 
                        that are used for the same functions;
                    (C) taking actions in collaboration with the 
                commercial aviation industry and equipment 
                manufacturers to spur the development of a domestic 
                alternative aviation fuel industry; and
                    (D) taking actions in collaboration with other 
                Federal agencies, the commercial sector, and academia 
                to solicit for and test the next generation of 
                environmentally-friendly alternative aviation fuels.
            (2) Adjustment of goal.--The Secretary of the Air Force may 
        adjust the goal of acquiring 50 percent of Air Force domestic 
        fuel requirements from alternative or synthetic fuels by not 
        later than December 31, 2016, if the Secretary determines in 
        writing that it would not be practicable, or in the best 
        interests of the Air Force, to do so and informs the 
        congressional defense committees within 30 days of the basis 
        for such determination.
            (3) Annual report.--Not later than 180 days after the date 
        of the enactment of this Act and annually thereafter in each of 
        fiscal years 2011 through 2016, the Secretary of Defense, in 
        consultation with the Secretary of the Air Force, shall submit 
        to Congress a report on the progress of the alternative 
        aviation fuel initiative program, including--
                    (A) the status of aircraft fleet certification, 
                until complete;
                    (B) the quantities of alternative or synthetic 
                fuels (including blends of alternative or synthetic 
                fuels with conventional fuels) purchased for use by the 
                Air Force in the fiscal year ending in such year;
                    (C) progress made against published goals for such 
                fiscal year;
                    (D) the status of recovery plans to achieve any 
                goals set for previous years that were not achieved; 
                and
                    (E) the establishment or adjustment of goals and 
                objectives for the current fiscal year or for future 
                years.
    (c) Annual Report for Army and Navy.--Not later than 180 days after 
the date of the enactment of this Act, and annually thereafter in each 
of fiscal years 2011 through 2016, the Secretary of the Army and the 
Secretary of the Navy shall each submit to Congress a report on goals 
and progress to research, test, and certify the use of alternative 
fuels in their respective aircraft fleets.
    (d) Defense Science Board Review.--
            (1) Report required.--Not later than October 1, 2011, the 
        Defense Science Board shall report to the Secretary of Defense 
        on the feasibility and advisability of achieving the goals 
        established in subsection (b)(1). The report shall address--
                    (A) the technological and economic achievability of 
                the goals;
                    (B) the impact of actions required to meet such 
                goals on the military readiness of the Air Force, 
                energy costs, environmental performance, and dependence 
                on foreign oil; and
                    (C) any recommendations the Defense Science Board 
                may have for improving the Air Force program.
            (2) Submission to congress.--Not later than 30 days after 
        receiving the report required by under paragraph (1), the 
        Secretary of Defense shall forward the report to Congress, 
        together with the comments and recommendations of the 
        Secretary.

SEC. 334. AUTHORIZATION OF APPROPRIATIONS FOR DIRECTOR OF OPERATIONAL 
              ENERGY.

    Of the amounts authorized to be appropriated for Operation and 
Maintenance, Defense-wide, $5,000,000 is for the Director of 
Operational Energy Plans and Programs to carry out the duties 
prescribed for the Director under section 139b of title 10, United 
States Code, to be made available upon the confirmation of an 
individual to serve as the Director of Operational Energy Plans and 
Programs.

                          Subtitle E--Reports

SEC. 341. STUDY ON ARMY MODULARITY.

    (a) Study.--
            (1) In general.--Not later than 30 days after the date of 
        the enactment of this Act, the Secretary of Defense shall enter 
        into a contract with a Federally Funded Research and 
        Development Center (FFRDC) to conduct a study on the current 
        and planned modularity structures of the Army to determine the 
        following:
                    (A) The operational capability of the Army to 
                execute its core mission to contribute land power to 
                joint operations.
                    (B) The ability to manage flexibility and 
                versatility of Army forces across the range of military 
                operations.
                    (C) The tactical, operational, and strategic risk 
                associated with the heavy and light modular combat 
                brigades and functional brigades.
                    (D) The required and planned end strength for the 
                Army.
            (2) Factors to consider.--The study required under 
        subsection (a) shall take into consideration the following 
        factors:
                    (A) The Army's historical experience with separate 
                brigade structures.
                    (B) The original Army analysis, including explicit 
                or implicit assumptions, upon which the brigade combat 
                team, functional brigade, and higher headquarters' 
                designs were based.
                    (C) Subsequent analysis that confirmed or modified 
                the original designs.
                    (D) Lessons learned from Operations Iraqi Freedom 
                and Enduring Freedom that confirmed or modified the 
                original designs.
                    (E) Improvements in brigade and headquarters 
                designs the Army has made or is implementing.
            (3) Access to information.--The Secretary of Defense and 
        the Secretary of the Army shall ensure that the FFRDC 
        conducting the study has access to all necessary data, records, 
        analysis, personnel, and other resources necessary to complete 
        the study.
    (b) Report.--Not later than December 31, 2010, the Secretary of 
Defense shall submit to the congressional defense committees a report 
containing the results of the study conducted under subsection (a), 
together with comments by the Chief of Staff of the Army and the 
Secretary of Defense.

              TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS

                       Subtitle A--Active Forces

SEC. 401. END STRENGTHS FOR ACTIVE FORCES.

    The Armed Forces are authorized strengths for active duty personnel 
as of September 30, 2010, as follows:
            (1) The Army, 547,400.
            (2) The Navy, 328,800.
            (3) The Marine Corps, 202,100.
            (4) The Air Force, 331,700.

SEC. 402. ADDITIONAL AUTHORITY FOR INCREASES OF ARMY ACTIVE DUTY END 
              STRENGTHS FOR FISCAL YEARS 2011 AND 2012.

    (a) Authority to Increase Army Active-duty End Strength.--
            (1) Authority.--For each of fiscal years 2011 and 2012, the 
        Secretary of Defense may, as the Secretary determines necessary 
        for the purposes specified in paragraph (2), establish the 
        active-duty end strength for the Army at a number greater than 
        the number otherwise authorized by law up to the number equal 
        to the fiscal-year 2010 baseline plus 30,000.
            (2) Purpose of increases.--The purposes for which an 
        increase may be made in the active-duty end strength for the 
        Army under paragraph (1) are the following:
                    (A) To increase dwell time for members of the Army 
                on active duty.
                    (B) To support operational missions.
                    (C) To achieve reorganizational objectives, 
                including increased unit manning, force stabilization 
                and shaping, and supporting wounded warriors.
    (b) Relationship to Presidential Waiver Authority.--Nothing in this 
section shall be construed to limit the authority of the President 
under section 123a of title 10, United States Code, to waive any 
statutory end strength in a time of war or national emergency.
    (c) Relationship to Other Variance Authority.--The authority in 
subsection (a) is in addition to the authority to vary authorized end 
strengths that is provided in subsections (e) and (f) of section 115 of 
title 10, United States Code.
    (d) Budget Treatment.--If the Secretary of Defense plans to 
increase the active-duty end strength for the Army for fiscal year 2011 
or 2012, the budget for the Department of Defense for such fiscal year 
as submitted to Congress shall include the amounts necessary for 
funding the active-duty end strength for the Army in excess of the 
fiscal-year 2010 baseline.
    (e) Definitions.--In this section:
            (1) Fiscal-year 2010 baseline.--The term ``fiscal-year 2010 
        baseline'', with respect to the Army, means the active-duty end 
        strength authorized for the Army in section 401(1).
            (2) Active-duty end strength.--The term ``active-duty end 
        strength'', with respect to the Army for a fiscal year, means 
        the strength for active duty personnel of Army as of the last 
        day of the fiscal year.

                       Subtitle B--Reserve Forces

SEC. 411. END STRENGTHS FOR SELECTED RESERVE.

    (a) In General.--The Armed Forces are authorized strengths for 
Selected Reserve personnel of the reserve components as of September 
30, 2010, as follows:
            (1) The Army National Guard of the United States, 358,200.
            (2) The Army Reserve, 205,000.
            (3) The Navy Reserve, 65,500.
            (4) The Marine Corps Reserve, 39,600.
            (5) The Air National Guard of the United States, 106,700.
            (6) The Air Force Reserve, 69,500.
            (7) The Coast Guard Reserve, 10,000.
    (b) Adjustments.--The end strengths prescribed by subsection (a) 
for the Selected Reserve of any reserve component shall be 
proportionately reduced by--
            (1) the total authorized strength of units organized to 
        serve as units of the Selected Reserve of such component which 
        are on active duty (other than for training) at the end of the 
        fiscal year; and
            (2) the total number of individual members not in units 
        organized to serve as units of the Selected Reserve of such 
        component who are on active duty (other than for training or 
        for unsatisfactory participation in training) without their 
        consent at the end of the fiscal year.
Whenever such units or such individual members are released from active 
duty during any fiscal year, the end strength prescribed for such 
fiscal year for the Selected Reserve of such reserve component shall be 
increased proportionately by the total authorized strengths of such 
units and by the total number of such individual members.

SEC. 412. END STRENGTHS FOR RESERVES ON ACTIVE DUTY IN SUPPORT OF THE 
              RESERVES.

    Within the end strengths prescribed in section 411(a), the reserve 
components of the Armed Forces are authorized, as of September 30, 
2010, the following number of Reserves to be serving on full-time 
active duty or full-time duty, in the case of members of the National 
Guard, for the purpose of organizing, administering, recruiting, 
instructing, or training the reserve components:
            (1) The Army National Guard of the United States, 32,060.
            (2) The Army Reserve, 16,261.
            (3) The Navy Reserve, 10,818.
            (4) The Marine Corps Reserve, 2,261.
            (5) The Air National Guard of the United States, 14,555.
            (6) The Air Force Reserve, 2,896.

SEC. 413. END STRENGTHS FOR MILITARY TECHNICIANS (DUAL STATUS).

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

SEC. 414. FISCAL YEAR 2010 LIMITATION ON NUMBER OF NON-DUAL STATUS 
              TECHNICIANS.

    (a) Limitations.--
            (1) National guard.--Within the limitation provided in 
        section 10217(c)(2) of title 10, United States Code, the number 
        of non-dual status technicians employed by the National Guard 
        as of September 30, 2010, may not exceed the following:
                    (A) For the Army National Guard of the United 
                States, 1,600.
                    (B) For the Air National Guard of the United 
                States, 350.
            (2) Army reserve.--The number of non-dual status 
        technicians employed by the Army Reserve as of September 30, 
        2010, may not exceed 595.
            (3) Air force reserve.--The number of non-dual status 
        technicians employed by the Air Force Reserve as of September 
        30, 2010, may not exceed 90.
    (b) Non-Dual Status Technicians Defined.--In this section, the term 
``non-dual status technician'' has the meaning given that term in 
section 10217(a) of title 10, United States Code.

SEC. 415. MAXIMUM NUMBER OF RESERVE PERSONNEL AUTHORIZED TO BE ON 
              ACTIVE DUTY FOR OPERATIONAL SUPPORT.

    During fiscal year 2010, the maximum number of members of the 
reserve components of the Armed Forces who may be serving at any time 
on full-time operational support duty under section 115(b) of title 10, 
United States Code, is the following:
            (1) The Army National Guard of the United States, 17,000.
            (2) The Army Reserve, 13,000.
            (3) The Navy Reserve, 6,200.
            (4) The Marine Corps Reserve, 3,000.
            (5) The Air National Guard of the United States, 16,000.
            (6) The Air Force Reserve, 14,000.

SEC. 416. REPORT ON TRAINEE ACCOUNT FOR THE ARMY NATIONAL GUARD.

    (a) Report Required.--Not later than 180 days after the date of the 
enactment of this Act, the Secretary of the Army shall submit to the 
congressional defense committees a report setting forth an assessment 
of the establishment within the Army National Guard of a trainees, 
transients, holdees, and students account (commonly referred to as a 
``TTHS'' account).
    (b) Elements.--The report required by subsection (a) shall include 
an assessment of the feasibility and advisability of permitting the 
Army National Guard to have, without regard to its authorized end 
strength levels for a fiscal year, a trainees, transients, holdees, and 
students account for assigning all members of the Army National Guard 
who have not completed initial entry training in order to ensure that 
all personnel of fully manned and deployable units of the Army National 
Guard have completed initial entry training.

              Subtitle C--Authorization of Appropriations

SEC. 421. MILITARY PERSONNEL.

    (a) Authorization of Appropriations.--There is hereby authorized to 
be appropriated for fiscal year 2010 for the Department of Defense for 
military personnel amounts as follows:
            (1) For military personnel, $124,864,942,000.
            (2) For contributions to the Medicare-Eligible Retiree 
        Health Fund, $10,751,339,000.
    (b) Construction of Authorization.--The authorization of 
appropriations in subsection (a) supersedes any other authorization of 
appropriations (definite or indefinite) for such purpose for fiscal 
year 2010.

                   TITLE V--MILITARY PERSONNEL POLICY

                  Subtitle A--Officer Personnel Policy

SEC. 501. MODIFICATION OF LIMITATIONS ON GENERAL AND FLAG OFFICERS ON 
              ACTIVE DUTY.

    (a) Clarification of Distribution Limits.--Section 525 of title 10, 
United States Code, is amended by striking subsections (a) and (b) and 
inserting the following new subsections:
    ``(a) For purposes of the applicable limitation in section 526(a) 
of this title on general and flag officers on active duty, no 
appointment of an officer on the active duty list may be made as 
follows:
            ``(1) in the Army, if that appointment would result in more 
        than--
                    ``(A) 7 officers in the grade of general;
                    ``(B) 45 officers in a grade above the grade of 
                major general; or
                    ``(C) 90 officers in the grade of major general;
            ``(2) in the Air Force, if that appointment would result in 
        more than--
                    ``(A) 9 officers in the grade of general;
                    ``(B) 43 officers in a grade above the grade of 
                major general; or
                    ``(C) 73 officers in the grade of major general;
            ``(3) in the Navy, if that appointment would result in more 
        than--
                    ``(A) 6 officers in the grade of admiral;
                    ``(B) 32 officers in a grade above the grade of 
                rear admiral; or
                    ``(C) 50 officers in the grade of rear admiral;
            ``(4) in the Marine Corps, if that appointment would result 
        in more than--
                    ``(A) 2 officers in the grade of general;
                    ``(B) 15 officers in a grade above the grade of 
                major general; or
                    ``(C) 22 officers in the grade of major general.
    ``(b)(1) The limitations of subsection (a) do not include the 
following:
            ``(A) An officer released from a joint duty assignment, but 
        only during the 60-day period beginning on the date the officer 
        departs the joint duty assignment, except that the Secretary of 
        Defense may authorize the Secretary of a military department to 
        extend the 60-day period by an additional 120 days, but no more 
        than 3 officers from each armed forces may be on active duty 
        who are excluded under this subparagraph.
            ``(B) An officer while serving in the position of Staff 
        Judge Advocate to the Commandant of the Marine Corps under 
        section 5046 of this title.
            ``(C) The number of officers required to serve in joint 
        duty assignments as authorized by the Secretary of Defense 
        under section 526(b) for each military service.
            ``(D) An officer while serving as Chief of the National 
        Guard Bureau.
    ``(2) An officer of the Army while serving as Superintendent of the 
United States Military Academy, if serving in the grade of lieutenant 
general, is in addition to the number that would otherwise be permitted 
for the Army for officers serving on active duty in grades above major 
general under subsection (a). An officer of the Navy or Marine Corps 
while serving as Superintendent of the United States Naval Academy, if 
serving in the grade of vice admiral or lieutenant general, is in 
addition to the number that would otherwise be permitted for the Navy 
or Marine Corps, respectively, for officers serving on active duty in 
grades above major general or rear admiral under subsection (a). An 
officer while serving as Superintendent of the United States Air Force 
Academy, if serving in the grade of lieutenant general, is in addition 
to the number that would otherwise be permitted for the Air Force for 
officers serving on active duty in grades above major general under 
subsection (a).''.
    (b) Clarification on Offsetting Reductions.--Subsection (c) of such 
section is amended--
            (1) in paragraph (1)--
                    (A) by amending subparagraph (A) to read as 
                follows:
            ``(A) may make appointments in the Army, Air Force, and 
        Marine Corps in the grades of lieutenant general and general in 
        excess of the applicable numbers determined under this section 
        if each such appointment is made in conjunction with an 
        offsetting reduction under paragraph (2); and''; and
                    (B) in subparagraph (B), by striking ``subsection 
                (b)(2)'' and inserting ``this section'';
            (2) in paragraph (3)(A), by striking ``the number equal to 
        10 percent of the total number of officers that may be serving 
        on active duty in those grades in the Army, Navy, Air Force, 
        and Marine Corps under subsection (b)'' and inserting ``15''; 
        and
            (3) in paragraph (3)(B), by striking ``the number equal to 
        15 percent of the total number of officers that may be serving 
        on active duty in those grades in the Army, Navy, Air Force, 
        and Marine Corps'' and inserting ``5''.
    (c) Other Distribution Clarifications.--Such section is further 
amended--
            (1) in subsection (e), by striking ``In determining the 
        total number of general officers or flag officers of an armed 
        force on active duty for purposes of this section, the 
        following officers shall not be counted:'' in the matter 
        preceding paragraph (1) and inserting ``The following officers 
        shall not be counted for purposes of this section:''; and
            (2) by adding at the end the following new subsection:
    ``(g) The limitations of this section do not apply to a reserve 
component general or flag officer who is on active duty and serving in 
a position that is a joint duty assignment for the purposes of chapter 
38 of this title for a period not to exceed three years.''.
    (d) Change to Authorized Strengths.--Subsection (a) of section 526 
of such title is amended--
            (1) in paragraph (1), by striking ``307'' and inserting 
        ``230'';
            (2) in paragraph (2), by striking ``216'' and inserting 
        ``160'';
            (3) in paragraph (3), by striking ``279'' and inserting 
        ``208''; and
            (4) in paragraph (4), by striking ``81'' and inserting 
        ``60''.
    (e) Changes to Limited Exclusion for Joint Duty Requirements.--
Subsection (b) of such section is amended--
            (1) in paragraph (1)--
                    (A) by striking ``Chairman of the Joint Chiefs of 
                Staff'' and inserting ``Secretary of Defense'';
                    (B) by striking ``65'' and inserting ``324''; and
                    (C) by striking the second sentence and inserting 
                the following new sentence: ``The Secretary of Defense 
                shall allocate those exclusions to the armed forces 
                based on the number of general or flag officers 
                required from each armed force for assignment to these 
                designated positions.'';
            (2) by redesignating paragraph (2) as paragraph (4); and
            (3) by inserting after paragraph (1) the following new 
        paragraphs:
    ``(2) Unless the Secretary of Defense determines that a lower 
number is in the best interest of the Department, the minimum number of 
officers serving in positions designated under paragraph (1) for each 
armed force shall be as follows:
            ``(A) For the Army, 85.
            ``(B) For the Navy, 61.
            ``(C) For the Air Force, 76.
            ``(D) For the Marine Corps, 21.
    ``(3) The number excluded under paragraph (1) and serving in 
positions designated under that paragraph--
            ``(A) in the grade of general or admiral may not exceed 20;
            ``(B) in a grade above the grade of major general or rear 
        admiral may not exceed 68; and
            ``(C) in the grade of major general or rear admiral may not 
        exceed 144.''.
    (f) Other Authorization Clarifications.--Such section is further 
amended--
            (1) in subsection (d), by adding at the end the following 
        new paragraph:
    ``(3) The limitations of this section do not apply to a reserve 
component general or flag officer who is on active duty and serving in 
a position that is a joint duty assignment for the purposes of chapter 
38 of this title for a period not to exceed three years.''; and
            (2) by adding at the end the following new subsections:
    ``(g) Temporary Exclusion for Assignment to Certain Temporary 
Billets.--(1) The limitations in subsection (a) and in section 525(a) 
of this title do not apply to a general or flag officer assigned to a 
temporary joint duty assignment designated by the Secretary of Defense.
    ``(2) A general or flag officer assigned to a temporary joint duty 
assignment as described in paragraph (1) may not be excluded under this 
subsection from the limitations in subsection (a) for a period of 
longer than one year.
    ``(h) Exclusion of Officers Departing From Joint Duty 
Assignments.--The limitations in subsection (a) do not apply to an 
officer released from a joint duty assignment, but only during the 60-
day period beginning on the date the officer departs the joint duty 
assignment; except that the Secretary of Defense may authorize the 
Secretary of a military department to extend the 60-day by an 
additional 120 days, but no more than 3 officers from each armed force 
may be on active duty who are excluded under this subsection.''.
    (g) Repeal of Limitations on General and Flag Officer Activities 
Outside the Officer's Own Service.--
            (1) Repeal.--Section 721 of such title is repealed.
            (2) Clerical amendment.--The table of sections at the 
        beginning of chapter 41 of such title is amended by striking 
        the item relating to section 721.
    (h) Repeal of Superseded Authority.--Section 506 of the Duncan 
Hunter National Defense Authorization Act for Fiscal Year 2009 (Public 
Law 110-417; 122 Stat. 4434; 10 U.S.C. 525 note) is repealed.

SEC. 502. REVISIONS TO ANNUAL REPORT REQUIREMENT ON JOINT OFFICER 
              MANAGEMENT.

    Section 667 of title 10, United States Code, is amended--
            (1) in paragraph (1)(A), by striking ``and their education 
        and experience'';
            (2) by striking paragraph (3);
            (3) by transferring subparagraph (B) of paragraph (4) to 
        the end of paragraph (1), redesignating that subparagraph as 
        subparagraph (C), aligning that subparagraph with the margin of 
        subparagraph (B) of paragraph (1), and capitalizing the first 
        word of that subparagraph;
            (4) by striking the remainder of paragraph (4), as amended 
        by paragraph (3) of this section;
            (5) by redesignating paragraph (5) as paragraph (3);
            (6) by striking paragraph (6);
            (7) by redesignating paragraphs (7) through (11) as 
        paragraphs (4) through (8), respectively;
            (8) by redesignating paragraph (12) as paragraph (9) and in 
        that paragraph striking ``each time the'' and all that follows 
        and inserting ``the principal courses of instruction for Joint 
        Professional Military Education Level II, the number of 
        officers graduating from each of the following:
                    ``(A) The Joint Forces Staff College.
                    ``(B) The National Defense University.
                    ``(C) Senior Service Schools.''; and
            (9) by redesignating paragraph (13) as paragraph (10).

SEC. 503. GRADE OF LEGAL COUNSEL TO THE CHAIRMAN OF THE JOINT CHIEFS OF 
              STAFF.

    (a) In General.--Section 156(c) of title 10, United States Code, is 
amended by striking ``, while so serving, hold the'' and inserting ``be 
appointed in the regular''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
take effect on the date of the enactment of this Act, and shall apply 
with respect to individuals appointed as Legal Counsel to the Chairman 
of the Joint Chiefs of Staff on or after that date.

SEC. 504. CHIEF AND DEPUTY CHIEF OF CHAPLAINS OF THE AIR FORCE.

    (a) In General.--Chapter 805 of title 10, United States Code, is 
amended by inserting after section 8038 the following new section:
``Sec. 8039. Chief and Deputy Chief of Chaplains: appointment; duties
    ``(a) Chief of Chaplains.--(1) There is a Chief of Chaplains in the 
Air Force, who shall be appointed by the President, by and with the 
advice and consent of the Senate, from active duty officers of the Air 
Force Chaplain Corps serving in the grade of colonel or above who have 
served on active duty as a chaplain for at least eight years.
    ``(2) An officer appointed as the Chief of Chaplains shall be 
appointed for a term of three years. However, the President may 
terminate or extend the appointment at any time.
    ``(3) The Chief of Chaplains shall be appointed in the regular 
grade of major general.
    ``(4) The Chief of Chaplains shall perform such duties as may be 
prescribed by the Secretary of the Air Force and by law.
    ``(b) Deputy Chief of Chaplains.--(1) There is a Deputy Chief of 
Chaplains in the Air Force who shall be appointed by the President by 
and with the advice and consent of the Senate from active duty officers 
of the Air Force Chaplain Corps serving in the grade of colonel who 
have served on active duty as a chaplain for at least eight years.
    ``(2) An officer appointed as the Deputy Chief of Chaplains shall 
be appointed for a term of three years. However, the President may 
terminate or extend the appointment at any time.
    ``(3) The Deputy Chief of Chaplains shall be appointed in the 
regular grade of brigadier general.
    ``(4) The Deputy Chief of Chaplains shall perform such duties as 
may be prescribed by the Secretary of the Air Force, the Chief of 
Chaplains, and by law.
    ``(c) Selection of Recommended Officers Through Selection Board 
Procedures.--Under regulations approved by the Secretary of Defense, 
the Secretary of the Air Force in selecting an officer for 
recommendation to the President under subsection (a) for appointment as 
the Chief of Chaplains or under subsection (b) for appointment as the 
Deputy Chief of Chaplains shall ensure that the officer selected is 
recommended by a board of officers that, insofar as is practicable, is 
subject to the procedures applicable to selection boards convened under 
chapter 36 of this title.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 805 of such title is amended by inserting after the item 
related to section 8038 the following new item:

``8039. Chief and Deputy Chief of Chaplains: appointment; duties.''.

                Subtitle B--Reserve Component Management

SEC. 511. REPORT ON REQUIREMENTS OF THE NATIONAL GUARD FOR NON-DUAL 
              STATUS TECHNICIANS.

    (a) Report Required.--Not later than 180 days after the date of the 
enactment of this Act, the Secretary of Defense shall submit to the 
Committees on Armed Services of the Senate and House of Representatives 
a report setting forth the following:
            (1) A description of the types of duties performed for the 
        National Guard by non-dual status technicians.
            (2) A description of the current requirements of the 
        National Guard for non-dual status technicians.
            (3) A description of various means of addressing any 
        shortfalls in meeting such requirements, including both 
        temporary shortfalls and permanent shortfalls.
    (b) Considerations.--The report required by subsection (a) shall 
take into consideration the effects of the mobilization of large 
numbers of National Guard military technicians (dual status) on the 
readiness of National Guard units in critically important areas and on 
the capacity of the National Guard to continue performing home-based 
missions and responsibilities for the States.

                   Subtitle C--Education and Training

SEC. 521. GRADE OF COMMISSIONED OFFICERS IN UNIFORMED MEDICAL ACCESSION 
              PROGRAMS.

    (a) Medical Students of USUHS.--Section 2114(b) of title 10, United 
States Code, is amended--
            (1) in paragraph (1), by striking the second sentence and 
        inserting the following new sentences: ``Each medical student 
        shall be appointed as a regular officer in the grade of second 
        lieutenant or ensign. An officer so appointed may, upon meeting 
        such criteria for promotion as may be prescribed by the 
        Secretary concerned, be appointed in the regular grade of first 
        lieutenant or lieutenant (junior grade). Medical students 
        commissioned under this section shall serve on active duty in 
        their respective grades.''; and
            (2) in paragraph (2), by striking ``grade of second 
        lieutenant or ensign'' and inserting ``grade in which the 
        member is serving under paragraph (1)''.
    (b) Participants in Health Professions Scholarship and Financial 
Assistance Program.--Section 2121(c) of such title is amended--
            (1) in paragraph (1), by striking the second sentence and 
        inserting the following new sentences: ``Each person so 
        commissioned shall be appointed as a reserve officer in the 
        grade of second lieutenant or ensign. An officer so appointed 
        may, upon meeting such criteria for promotion as may be 
        prescribed by the Secretary concerned, be appointed in the 
        reserve grade of first lieutenant or lieutenant (junior grade). 
        Medical students commissioned under this section shall serve on 
        active duty in their respective grades for a period of 45 days 
        during each year of participation in the program.''; and
            (2) in paragraph (2), by striking ``grade of second 
        lieutenant or ensign'' and inserting ``grade in which the 
        member is serving under paragraph (1)''.
    (c) Officers Detailed as Students at Medical Schools.--Subsection 
(e) of section 2004a of such title is amended--
            (1) in the subsection heading, by striking ``Appointment 
        and Treatment of Prior Active Service'' and inserting ``Service 
        on Active Duty''; and
            (2) by striking paragraph (1) and inserting the following 
        new paragraph (1):
    ``(1) A commissioned officer detailed under subsection (a) shall 
serve on active duty, subject to the limitations on grade specified in 
section 2114(b)(1) of this title and with the entitlement to basic pay 
as specified in section 2114(b)(2) of this title.''.

SEC. 522. EXPANSION OF CRITERIA FOR APPOINTMENT AS MEMBER OF THE BOARD 
              OF REGENTS OF THE UNIFORMED SERVICES UNIVERSITY OF THE 
              HEALTH SCIENCES.

    Section 2113a(b)(1) of title 10, United States Code, is amended by 
striking ``health and health education'' and inserting ``health care, 
higher education administration, and public policy''.

SEC. 523. DETAIL OF COMMISSIONED OFFICERS AS STUDENTS AT SCHOOLS OF 
              PSYCHOLOGY.

    (a) In General.--Chapter 101 of title 10, United States Code, is 
amended by inserting after section 2004 the following new section:
``Sec. 2004a. Detail of commissioned officers as students at schools of 
              psychology
    ``(a) Detail Authorized.--The Secretary of each military department 
may detail commissioned officers of the armed forces as students at 
accredited schools of psychology located in the United States for a 
period of training leading to the degree of Doctor of Philosophy in 
clinical psychology. No more than 25 officers from each military 
department may commence such training in any single fiscal year.
    ``(b) Eligibility for Detail.--To be eligible for detail under 
subsection (a), an officer must be a citizen of the United States and 
must--
            ``(1) have served on active duty for a period of not less 
        than two years nor more than six years and be in the pay grade 
        0-3 or below as of the time the training is to begin; and
            ``(2) sign an agreement that unless sooner separated the 
        officer will--
                    ``(A) complete the educational course of 
                psychological training;
                    ``(B) accept transfer or detail as a commissioned 
                officer within the military department concerned when 
                the officer's training is completed; and
                    ``(C) agree to serve, following completion of the 
                officer's training, on active duty (or on active duty 
                and in the Selected Reserve) for a period as specified 
                pursuant to subsection (c).
    ``(c) Service Obligation.--(1) Except as provided in paragraph (2), 
the agreement of an officer under subsection (b) shall provide that the 
officer shall serve on active duty for two years for each year or part 
thereof of the officer's training under subsection (a).
    ``(2) The agreement of an officer may authorize the officer to 
serve a portion of the officer's service obligation on active duty and 
to complete the service obligation that remains upon separation from 
active duty in the Selected Reserve. Under any such agreement, an 
officer shall serve three years in the Selected Reserve for each year 
or part thereof of the officer's training under subsection (a) for any 
service obligation that was not completed before separation from active 
duty.
    ``(d) Selection of Officers for Detail.--Officers detailed for 
training under subsection (a) shall be selected on a competitive basis 
by the Secretary of the military department concerned.
    ``(e) Relation of Service Obligations to Other Service 
Obligations.--Any service obligation incurred by an officer under an 
agreement entered into under subsection (b) shall be in addition to any 
service obligation incurred by the officer under any other provision of 
law or agreement.
    ``(f) Expenses.--Expenses incident to the detail of officers under 
this section shall be paid from any funds appropriated for the military 
department concerned.
    ``(g) Failure to Complete Program.--(1) An officer who is dropped 
from a program of psychological training to which detailed under 
subsection (a) for deficiency in conduct or studies, or for other 
reasons, may be required to perform active duty in an appropriate 
military capacity in accordance with the active duty obligation imposed 
on the officer under regulations issued by the Secretary of Defense for 
purposes of this section.
    ``(2) In no case shall an officer be required to serve on active 
duty under paragraph (1) for any period in excess of one year for each 
year or part thereof the officer participated in the program.
    ``(h) Limitation on Details.--No agreement detailing an officer of 
the armed forces to an accredited school of psychology may be entered 
into during any period in which the President is authorized by law to 
induct persons into the armed forces involuntarily. Nothing in this 
subsection shall affect any agreement entered into during any period 
when the President is not authorized by law to so induct persons into 
the armed forces.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 101 of such title is amended by inserting after the item 
relating to section 2004 the following new item:

``2004a. 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.

    (a) Assistance to Schools With Significant Numbers of Military 
Dependent Students.--Of the amount authorized to be appropriated for 
fiscal year 2010 pursuant to section 301(a)(5) for operation and 
maintenance for Defense-wide activities, $30,000,000 shall be available 
only for the purpose of providing assistance to local educational 
agencies under subsection (a) of section 572 of the National Defense 
Authorization Act for Fiscal Year 2006 (Public Law 109-163; 119 Stat. 
3271; 20 U.S.C. 7703b).
    (b) Assistance to Schools With Enrollment Changes Due to Base 
Closures, Force Structure Changes, or Force Relocations.--Of the amount 
authorized to be appropriated for fiscal year 2010 pursuant to section 
301(5) for operation and maintenance for Defense-wide activities, 
$10,000,000 shall be available only for the purpose of providing 
assistance to local educational agencies under subsection (b) of such 
section 572, as amended by section 533 of this Act.
    (c) Local Educational Agency Defined.--In this section, the term 
``local educational agency'' has the meaning given that term in section 
8013(9) of the Elementary and Secondary Education Act of 1965 (20 
U.S.C. 7713(9)).

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

    Of the amount authorized to be appropriated for fiscal year 2010 
pursuant to section 301(a)(5) for operation and maintenance for 
Defense-wide activities, $5,000,000 shall be available for payments 
under section 363 of the Floyd D. Spence National Defense Authorization 
Act for Fiscal Year 2001 (as enacted into law by Public Law 106-398; 
114 Stat. 1654A-77; 20 U.S.C. 7703a).

SEC. 533. TWO-YEAR EXTENSION OF AUTHORITY FOR ASSISTANCE TO LOCAL 
              EDUCATIONAL AGENCIES WITH ENROLLMENT CHANGES DUE TO BASE 
              CLOSURES, FORCE STRUCTURE CHANGES, OR FORCE RELOCATIONS.

    Section 572(b)(4) of the National Defense Authorization Act for 
Fiscal Year 2006 (Public Law 109-163; 119 Stat. 3271; 20 U.S.C. 
7703b(b)(4)) is amended by striking ``September 30, 2010'' and 
inserting ``September 30, 2012''.

SEC. 534. PERMANENT AUTHORITY FOR ENROLLMENT IN DEFENSE DEPENDENTS' 
              EDUCATION SYSTEM OF DEPENDENTS OF FOREIGN MILITARY 
              MEMBERS ASSIGNED TO SUPREME HEADQUARTERS ALLIED POWERS, 
              EUROPE.

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

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.

    (a) Study on Options for Educational Opportunities.--
            (1) Study required.--The Secretary of Defense shall, in 
        consultation with the Secretary of Education, conduct a study 
        on options for educational opportunities that are, or may be, 
        available for dependent children of members of the Armed Forces 
        who do not attend Department of Defense dependents' schools 
        when the public elementary and secondary schools attended by 
        such children are determined to be in need of improvement 
        pursuant to the No Child Left Behind Act of 2001 (Public Law 
        110-117).
            (2) Options.--The options to be considered under the study 
        required by paragraph (1) shall include the following:
                    (A) Vouchers.
                    (B) Education provided by the Department of Defense 
                through the Internet.
                    (C) Charter schools.
                    (D) Such other options as the Secretary of Defense, 
                in consultation with the Secretary of Education, 
                considers appropriate for purposes of the study.
            (3) Elements.--The study required by paragraph (1) shall 
        address the following matters:
                    (A) The challenges faced by parents in military 
                families in securing quality elementary and secondary 
                education for their children when the public elementary 
                and secondary schools attended by their children are 
                identified as being in need of improvement.
                    (B) The extent to which perceptions of differing 
                degrees of quality in public elementary and secondary 
                schools in different regions of the United States 
                affect plans of military families to relocate, 
                including relocation pursuant to a permanent change of 
                duty station.
                    (C) The various reasons why military families seek 
                educational opportunities for their children other than 
                those available through local public elementary and 
                secondary schools.
                    (D) The current level of student achievement in 
                public elementary and secondary schools in school 
                districts which have a high percentage of students who 
                are children of military families.
                    (E) The educational needs of children of military 
                families who are required by location to attend public 
                elementary and secondary schools identified as being in 
                need of improvement.
                    (F) The value and impact of a school voucher or 
                other alternative educational program for military 
                families.
                    (G) The extent to which the options referred to in 
                paragraph (2) would provide a meaningful option for 
                education for military children when the public 
                elementary and secondary schools attended by such 
                children are determined to be in need of improvement.
                    (H) Such other matters as the Secretary of Defense, 
                in consultation with the Secretary of Education, 
                considers appropriate for purposes of the study.
    (b) Report.--Not later than March 31, 2010, the Secretary of 
Defense shall submit to the Committee on Armed Services of the Senate 
and the Committee on Armed Services of the House of Representatives a 
report on the study required by subsection (b). The report shall 
include the following:
            (1) A description of the results of the study.
            (2) Such recommendations for legislative or administrative 
        action as the Secretary of Defense considers appropriate in 
        light of the results of the study.

SEC. 536. SENSE OF SENATE ON THE INTERSTATE COMPACT ON EDUCATIONAL 
              OPPORTUNITY FOR MILITARY CHILDREN.

    (a) Findings.--The Senate makes the following findings:
            (1) The incongruity in how States assess and enroll 
        transfer students creates challenges for the moving military 
        family and can, in some cases, be detrimental to the higher 
        education opportunities of military children.
            (2) The inability to transfer credits, maintain the proper 
        number of school-year hours, missing exams, and other obstacles 
        can make moving as a military family difficult.
            (3) The average military child moves six to nine times 
        between kindergarten and high school graduation, creating a 
        variety of challenges and obstacles related to permanent change 
        of station moves.
            (4) The demands and strains on members of the Armed Forces 
        and their families continue to increase and will do so for the 
        foreseeable future as the United States continues overseas 
        contingency operations, and children and adolescents are 
        acutely vulnerable to family stresses caused by the high 
        operational tempo and may therefore be at a heightened risk for 
        emotional distress.
            (5) The routine of the school environment can be a source 
        of stability for military children as they cope with the 
        disruptive challenges caused by the deployment of a parent or a 
        relocation.
    (b) Sense of Senate.--It is the sense of the Senate to--
            (1) express strong support and commendation for Alabama, 
        Alaska, Arizona, Colorado, Connecticut, Delaware, Florida, 
        Hawaii, Indiana, Iowa, Kansas, Kentucky, Maryland, Michigan, 
        Mississippi, Missouri, Nevada, North Carolina, Oklahoma, Texas, 
        Virginia, and Washington as States that have successfully 
        enacted the Interstate Compact on Educational Opportunity for 
        Military Children;
            (2) express its strong support and encourage all remaining 
        States to enact the Interstate Compact on Educational 
        Opportunity for Military Children;
            (3) recognize the importance of the components of the 
        Interstate Compact on Educational Opportunity for Military 
        Children, including--
                    (A) the transfer of educational records to expedite 
                the proper enrollment and placement of students;
                    (B) the ability of students to continue their 
                enrollment at a grade level in the receiving State 
                commensurate with their grade level from the sending 
                State;
                    (C) priority for attendance to children of members 
                of the Armed Forces assuming the school district 
                accepts transfer students;
                    (D) the ability of students to continue their 
                course placement, including but not limited to Honors, 
                International Baccalaureate, Advanced Placement, 
                vocational, technical, and career pathways courses;
                    (E) the recalculation of grades to consider the 
                weights offered by a receiving school for the same 
                performance in the same course when a student transfers 
                from one grading system to another system (for example, 
                number-based system to letter-based system);
                    (F) the waiver of specific courses required for 
                graduation if similar course work has been 
                satisfactorily completed in another local education 
                agency or the provision of an alternative means of 
                acquiring required coursework so that graduation may 
                occur on time; and
                    (G) the recognition of an appointed guardian as a 
                custodial parent while the child's parent or parents 
                are deployed; and
            (4) express strong support for States to develop a State 
        Council to provide for the coordination among their agencies of 
        government, local education agencies, and military 
        installations concerning the participation of a State in the 
        Interstate Compact on Educational Opportunity for Military 
        Children.

       Subtitle E--Military Justice and Legal Assistance Matters

SEC. 541. INDEPENDENT REVIEW OF JUDGE ADVOCATE REQUIREMENTS OF THE 
              DEPARTMENT OF THE NAVY.

    (a) Independent Panel for Review.--
            (1) Establishment.--There is hereby established an 
        independent panel to review the judge advocate requirements of 
        the Department of the Navy.
            (2) Composition.--The panel shall be composed of five 
        members, appointed by the Secretary of Defense from among 
        private United States citizens who have expertise in law, 
        military manpower policies, the missions of the Navy and Marine 
        Corps, and the current responsibilities of Navy and Marine 
        Corps judge advocates in ensuring competent legal 
        representation and advice to commanders.
            (3) Chair.--The chair of the panel shall be appointed by 
        the Secretary from among the members of the panel appointed 
        under paragraph (2).
            (4) Period of appointment; vacancies.--Members shall be 
        appointed for the life of the panel. Any vacancy in the panel 
        shall be filled in the same manner as the original appointment.
            (5) Meetings.--The panel shall meet at the call of the 
        chair.
            (6) Deadline for appointments.--All original appointments 
        to the panel shall be made not later than April 1, 2010.
            (7) First meeting.--The chair shall call the first meeting 
        of the panel not later than June 1, 2010.
    (b) Duties.--
            (1) In general.--The panel established under subsection (a) 
        shall carry out a study of the policies and management and 
        organizational practices of the Navy and Marine Corps with 
        respect to the responsibilities, assignment, and career 
        development of judge advocates for purposes of determining the 
        number of judge advocates required to fulfill the legal mission 
        of the Department of the Navy.
            (2) Review.--In carrying out the study required by 
        paragraph (1), the panel shall--
                    (A) review the emergent operational law 
                requirements of the Navy and Marine Corps, including 
                requirements for judge advocates on joint task forces, 
                in support of rule of law objectives in Iraq and 
                Afghanistan, and in operational units;
                    (B) review new requirements to support the Office 
                of Military Commissions and to support the disability 
                evaluation system for members of the Armed Forces;
                    (C) review the judge advocate requirements of the 
                Department of the Navy for the military justice 
                mission, including assignment policies, training and 
                education, increasing complexity of court-martial 
                litigation, and the performance of the Navy and Marine 
                Corps in providing legally sufficient post-trial 
                processing of cases in general courts-martial and 
                special courts-martial;
                    (D) review the role of the Judge Advocate General 
                of the Navy, as the senior uniformed legal officer of 
                the Department of the Navy, to determine whether 
                additional authority for the Judge Advocate General 
                over manpower policies and assignments of judge 
                advocates in the Navy and Marine Corps is warranted;
                    (E) review directives issued by the Navy and the 
                Marine Corps pertaining to jointly-shared missions 
                requiring legal support;
                    (F) review career patterns for Marine Corps judge 
                advocates in order to identify and validate assignments 
                to nonlegal billets required for professional 
                development and promotion; and
                    (G) review, evaluate, and assess such other matters 
                and materials as the panel considers appropriate for 
                purposes of the study.
            (3) Utilization of other studies.--In carrying out the 
        study required by paragraph (1), the panel may review, and 
        incorporate as appropriate, the findings of applicable ongoing 
        and completed studies in future manpower requirements, 
        including the two-part study by CNA Analysis and Solutions 
        entitled ``An Analysis of Navy JAG Corps Future Manpower 
        Requirements''.
            (4) Report.--Not later than 120 days after its first 
        meeting under subsection (a)(7), the panel shall submit to the 
        Secretary of Defense and the Committees on Armed Services of 
        the Senate and the House of Representatives a report on the 
        study. The report shall include--
                    (A) the findings and conclusions of the panel as a 
                result of the study; and
                    (B) any recommendations for legislative or 
                administrative action that the panel considers 
                appropriate in light of the study.
    (c) Personnel Matters.--
            (1) Pay of members.--(A) Members of the panel established 
        under subsection (a) shall serve without pay by reason of their 
        work on the panel.
            (B) Section 1342 of title 31, United States Code, shall not 
        apply to the acceptance of services of a member of the panel 
        under this section.
            (2) Travel expenses.--The members of the panel shall be 
        allowed travel expenses, including per diem in lieu of 
        subsistence, at rates authorized for employees of agencies 
        under subchapter I of chapter 57 of title 5, United States 
        Code, while away from their homes or regular places of business 
        in the performance or services for the panel.

             Subtitle F--Military Family Readiness Matters

SEC. 551. ADDITIONAL MEMBERS ON THE DEPARTMENT OF DEFENSE MILITARY 
              FAMILY READINESS COUNCIL.

    Section 1781a(b)(1) of title 10, United States Code, is amended--
            (1) by redesignating subparagraphs (C) and (D) as 
        subparagraphs (D) and (E), respectively;
            (2) by inserting after subparagraph (B) the following new 
        subparagraph (C):
            ``(C) In addition to the representatives appointed under 
        subparagraph (B)--
                    ``(i) one representative from the National Guard, 
                who shall be appointed by the Secretary of Defense; and
                    ``(ii) one representative from a reserve component 
                of the armed forces (other than the National Guard), 
                who shall be so appointed.''; and
            (3) in subparagraph (E), as redesignated by paragraph (1), 
        by striking ``subparagraph (B)'' and inserting ``subparagraphs 
        (B) and (C)''.

SEC. 552. COMPREHENSIVE PLAN ON PREVENTION, DIAGNOSIS, AND TREATMENT OF 
              SUBSTANCE USE DISORDERS AND DISPOSITION OF SUBSTANCE 
              ABUSE OFFENDERS IN THE ARMED FORCES.

    (a) Review and Assessment of Current Capabilities.--
            (1) In general.--Not later than 180 days after the date of 
        the enactment of this Act, the Secretary of Defense shall, in 
        consultation with the Secretaries of the military departments, 
        conduct a comprehensive review of the following:
                    (A) The programs and activities of the Department 
                of Defense for the prevention, diagnosis, and treatment 
                of substance use disorders in members of the Armed 
                Forces.
                    (B) The policies of the Department of Defense 
                relating to the disposition of substance abuse 
                offenders in the Armed Forces, including disciplinary 
                action and administrative separation.
            (2) Elements.--The review conducted under paragraph (1) 
        shall include, but not be limited to, an assessment of each of 
        the following:
                    (A) The current state and effectiveness of the 
                programs of the Department of Defense and the military 
                departments relating to the prevention, diagnosis, and 
                treatment of substance use disorders.
                    (B) The adequacy of the availability of and access 
                to care for substance abusers in military medical 
                treatment facilities and under the TRICARE program.
                    (C) The adequacy of oversight by the Department of 
                Defense of programs relating to the prevention, 
                diagnosis, and treatment of substance abuse in members 
                of the Armed Forces.
                    (D) The adequacy and appropriateness of current 
                credentials and other requirements for healthcare 
                professionals treating members of the Armed Forces with 
                substance use disorders.
                    (E) The advisable ratio of physician and 
                nonphysician care providers for substance use disorders 
                to members of the Armed Forces with such disorders.
                    (F) The adequacy and appropriateness of protocols 
                and directives for the diagnosis and treatment of 
                substance use disorders in members of the Armed Forces 
                and for the disposition, including disciplinary action 
                and administrative separation, of members of the Armed 
                Forces who abuse substances.
                    (G) The adequacy of the availability of and access 
                to care for substance use disorders for members of the 
                reserve components of the Armed Forces, including an 
                identification of any obstacles that are unique to the 
                prevention, diagnosis, and treatment of substance use 
                disorders and the appropriate disposition of substance 
                abuse offenders (including disciplinary action and 
                administrative separation) in members of the reserve 
                components of the Armed Forces.
                    (H) The adequacy of the prevention, diagnosis, and 
                treatment of substance use disorders in family members 
                of members of the Armed Forces.
                    (I) Any gaps in the current capabilities of the 
                Department of Defense for the prevention, diagnosis, 
                and treatment of substance use disorders in members of 
                the Armed Forces.
            (3) Report.--Not later than 180 days after the date of the 
        enactment of this Act, the Secretary of Defense shall submit to 
        the Committees on Armed Services of the Senate and the House of 
        Representatives a report setting forth the findings and 
        recommendations of the Secretary as a result of the review 
        conducted under paragraph (1). The report shall--
                    (A) set forth the findings and recommendations of 
                the Secretary regarding each element of the review 
                specified in paragraph (2);
                    (B) set forth relevant statistics on the frequency 
                of substance use disorders, disciplinary actions, and 
                administrative separations for substance abuse in 
                members of the regular components of the Armed Forces, 
                members of the reserve component of the Armed Forces, 
                and to the extent applicable, dependents of such 
                members (including spouses and children); and
                    (C) include such other findings and recommendations 
                on improvements to the current capabilities of the 
                Department of Defense for the prevention, diagnosis, 
                and treatment of substance use disorders in members of 
                the Armed Forces and the policies relating to the 
                disposition, including disciplinary action and 
                administrative separation, of members of the Armed 
                Forces for substance abuse, as the Secretary considers 
                appropriate.
    (b) Plan for Improvement and Enhancement of Programs and 
Policies.--
            (1) Plan required.--Not later than 270 days after the date 
        of the enactment of this Act, the Secretary of Defense shall 
        submit to the congressional defense committees a comprehensive 
        plan for the improvement and enhancement of the following:
                    (A) The programs and activities of the Department 
                of Defense for the prevention, diagnosis, and treatment 
                of substance use disorders in members of the Armed 
                Forces and their dependent family members.
                    (B) The policies of the Department of Defense 
                relating to the disposition of substance abuse 
                offenders in the Armed Forces, including disciplinary 
                action and administrative separation.
            (2) Basis.--The comprehensive plan required by paragraph 
        (1) shall take into account the following:
                    (A) The results of the review and assessment 
                conducted under subsection (a).
                    (B) Similar initiatives of the Secretary of 
                Veterans Affairs to expand and improve care for 
                substance use disorders among veterans, including the 
                programs and activities conducted under title I of the 
                Veterans' Mental Health and Other Care Improvements Act 
                of 2008 (Public Law 110-387; 112 Stat. 4112).
            (3) Comprehensive statement of policy.--The comprehensive 
        plan required by paragraph (1) shall include a comprehensive 
        statement of the following:
                    (A) The policy of the Department of Defense 
                regarding the prevention, diagnosis, and treatment of 
                substance use disorders in members of the Armed Forces 
                and their dependent family members.
                    (B) The policies of the Department of Defense 
                relating to the disposition of substance abuse 
                offenders in the Armed Forces, including disciplinary 
                action and administrative separation.
            (4) Availability of services and treatment.--The 
        comprehensive plan required by paragraph (1) shall include 
        mechanisms to ensure the availability to members of the Armed 
        Forces and their dependent family members of a core of 
        evidence-based practices across the spectrum of medical and 
        non-medial services and treatments for substance use disorders.
            (5) Prevention and reduction of disorders.--The 
        comprehensive plan required by paragraph (1) shall include 
        mechanisms to facilitate the prevention and reduction of 
        substance use disorders in members of the Armed Forces through 
        science-based initiatives, including education programs, for 
        members of the Armed Forces and their families.
            (6) Specific instructions.--The comprehensive plan required 
        by paragraph (1) shall include each of the following:
                    (A) Substances of abuse.--Instructions on the 
                prevention, diagnosis, and treatment of substance abuse 
                in members of the Armed Forces, including the abuse of 
                alcohol, illicit drugs, and nonmedical use and abuse of 
                prescription drugs.
                    (B) Healthcare professionals.--Instructions on--
                            (i) appropriate training of healthcare 
                        professionals in the prevention, screening, 
                        diagnosis, and treatment of substance use 
                        disorders in members of the Armed Forces;
                            (ii) appropriate staffing levels for 
                        healthcare professionals at military medical 
                        treatment facilities for the prevention, 
                        screening, diagnosis, and treatment of 
                        substance use disorders in members of the Armed 
                        Forces; and
                            (iii) such uniform training and 
                        credentialing requirements for physician and 
                        nonphysician healthcare professionals in the 
                        prevention, screening, diagnosis, and treatment 
                        of substance use disorders in members of the 
                        Armed Forces as the Secretary considers 
                        appropriate.
                    (C) Services for dependent family members.--
                Instructions on the availability of services for 
                substance use disorders for dependent family members of 
                members of the Armed Forces, including instructions on 
                making such services available to such dependents to 
                the maximum extent practicable.
                    (D) Relationship between disciplinary action and 
                treatment.--Policy on the relationship between 
                disciplinary actions and administrative separation 
                processing and prevention and treatment of substance 
                use disorders in members of the Armed Forces.
                    (E) Confidentiality.--Recommendations regarding 
                policies pertaining to confidentiality for members of 
                the Armed Forces in seeking or receiving services or 
                treatment for substance use disorders.
                    (F) Participation of chain of command.--Policy on 
                appropriate consultation, reference to, and involvement 
                of the chain of command of members of the Armed Forces 
                in matters relating to the diagnosis and treatment of 
                substance abuse and disposition of military members who 
                abuse substances.
                    (G) Consideration of gender.--Instructions on 
                gender specific requirements, if appropriate, in the 
                prevention, diagnosis, treatment, and management of 
                substance use disorders in members of the Armed Forces, 
                including gender specific care and treatment 
                requirements.
                    (H) Coordination with other healthcare 
                initiatives.--Instructions on the integration of 
                efforts on the prevention, diagnosis, treatment, and 
                management of substance use disorders in members of the 
                Armed Forces with efforts to address co-occurring 
                health care disorders (such as post-traumatic stress 
                disorder (PTSD) and depression) and suicide prevention.
            (7) Other elements.--In addition to the matters specified 
        in paragraph (3), the comprehensive plan required by paragraph 
        (1) shall include the following:
                    (A) Implementation plan.--An implementation plan 
                for the achievement of the goals of the comprehensive 
                plan, including goals relating to the following:
                            (i) Enhanced education of members of the 
                        Armed Forces and their families regarding 
                        substance use disorders.
                            (ii) Enhanced and improved identification 
                        and diagnosis of substance use disorders in 
                        members of the Armed Forces and their families.
                            (iii) Enhanced and improved access of 
                        members of the Armed Forces to services and 
                        treatment for and management of substance use 
                        disorders.
                            (iv) Appropriate staffing of military 
                        medical treatment facilities and other 
                        facilities for the treatment of substance use 
                        disorders in members of the Armed Forces.
                    (B) Best practices.--The incorporation of evidence-
                based best practices utilized in current military and 
                civilian approaches to the prevention, diagnosis, 
                treatment, and management of substance use disorders.
                    (C) Available research.--The incorporation of 
                applicable results of available studies, research, and 
                academic reviews on the prevention, diagnosis, 
                treatment, and management of substance use disorders.
            (8) Update in light of independent study.--Upon the 
        completion of the study required by subsection (c), the 
        Secretary of Defense shall--
                    (A) in consultation with the Secretaries of the 
                military departments, make such modifications and 
                improvements to the comprehensive plan required by 
                paragraph (1) as the Secretary of Defense considers 
                appropriate in light of the findings and 
                recommendations of the study; and
                    (B) submit to the congressional defense committees 
                a report setting forth the comprehensive plan as 
                modified and improved under subparagraph (A).
    (c) Independent Report on Substance Use Disorders Programs for 
Members of the Armed Forces.--
            (1) Study required.--Upon completion of the policy review 
        required by subsection (a), the Secretary of Defense shall 
        provide for a study on substance use disorders programs for 
        members of the Armed Forces to be conducted by the Institute of 
        Medicine of the National Academies of Sciences or such other 
        independent entity as the Secretary shall select for purposes 
        of the study.
            (2) Elements.--The study required by paragraph (1) shall 
        include a review and assessment of the following:
                    (A) The adequacy and appropriateness of protocols 
                for the diagnosis, treatment, and management of 
                substance use disorders in members of the Armed Forces.
                    (B) The adequacy of the availability of and access 
                to care for substance use disorders in military medical 
                treatment facilities and under the TRICARE program.
                    (C) The adequacy and appropriateness of current 
                credentials and other requirements for physician and 
                non-physician healthcare professionals treating members 
                of the Armed Forces with substance use disorders.
                    (D) The advisable ratio of physician and non-
                physician care providers for substance use disorders to 
                members of the Armed Forces with such disorders.
                    (E) The adequacy of the availability of and access 
                to care for substance use disorders for members of the 
                reserve components of the Armed Forces when compared 
                with the availability of and access to care for 
                substance use disorders for members of the regular 
                components of the Armed Forces.
                    (F) The adequacy of the prevention, diagnosis, 
                treatment, and management of substance use disorder 
                programs for dependent family members of members of the 
                Armed Forces, whether such family members suffer from 
                their own substance use disorder or because of the 
                substance use disorder of a member of the Armed Forces.
                    (G) Such other matters as the Secretary considers 
                appropriate for purposes of the study.
            (3) Report.--Not later than two years after the date of the 
        enactment of this Act, the entity conducting the study required 
        by paragraph (1) shall submit to the Secretary of Defense and 
        the congressional defense committees a report on the results of 
        the study. The report shall set forth the findings and 
        recommendations of the entity as a result of the study.

SEC. 553. MILITARY COMMUNITY SUPPORT FOR CHILDREN WITH AUTISM AND THEIR 
              FAMILIES.

    (a) Policy on Military Community Support Required.--The Secretary 
of Defense shall develop and implement a policy for the Department of 
Defense on the support of military children with autism and their 
families. The policy shall seek to establish and further an integrated, 
family-centered approach to providing services to military children 
with autism and their families by leveraging the resources of local 
military communities and local and national public and private entities 
devoted to research and services for autism.
    (b) Program on Support.--
            (1) Program required.--In carrying out the policy required 
        by subsection (a), the Secretary shall develop and carry out a 
        program on support for military children with autism and their 
        families.
            (2) Elements.--The program required by this subsection 
        shall provide for broad-based services, including the 
        following:
                    (A) Research.
                    (B) Early intervention.
                    (C) Evidence-based therapeutic and medical 
                services.
                    (D) Education and training on autism for family 
                members.
                    (E) Appropriate coordination with applicable school 
                programs.
                    (F) Vocational training for adolescent military 
                children with autism.
                    (G) Family counseling for families of military 
                children with autism.
            (3) Pilot projects.--In carrying out the program required 
        by this subsection, the Secretary shall conduct one or more 
        pilot projects to assess the effectiveness of various 
        approaches to developing and enhancing integrated community 
        support for military children with autism, including adolescent 
        military children with autism, and their families utilizing the 
        program elements specified in paragraph (2).
            (4) Consultation.--For purposes of carrying out the 
        requirements of this subsection, the Secretary shall establish 
        a partnership with one or more entities (whether public or 
        private) that provide services or support for, or conduct 
        research on, individuals with autism spectrum disorder and 
        their families.
    (c) Reports.--
            (1) Initial report.--Not later than 60 days after the date 
        of the enactment of this Act, the Secretary shall submit to the 
        congressional defense committees a report setting forth the 
        actions the Secretary proposes to take to carry out this 
        section and a proposed schedule for the taking of such actions.
            (2) Pilot projects.--Not later than 60 days after the date 
        of the completion of the pilot project or projects conducted 
        under subsection (b)(3), the Secretary shall submit to the 
        congressional defense committees a report on the pilot project 
        or projects. The report shall include a description of the 
        pilot project or projects, an assessment of the lessons learned 
        from the pilot project or projects, and a discussion of the 
        manner in which the lessons so learned shall be integrated into 
        the policy required by subsection (a) and the program required 
        by subsection (b).
    (d) Funding.--Of the amount authorized to be appropriated for 
fiscal year 2010 pursuant to section 301(a)(5) for operation and 
maintenance, Defense-wide activities, $5,000,000 may be available to 
carry out this section.
    (e) Military Children With Autism Defined.--In this section, the 
term ``military children with autism'' means dependent children of 
members of the Armed Forces with autism spectrum disorder.

SEC. 554. REPORTS ON EFFECTS OF DEPLOYMENTS ON MILITARY CHILDREN AND 
              THE AVAILABILITY OF MENTAL HEALTH CARE AND COUNSELING 
              SERVICES FOR MILITARY CHILDREN.

    (a) Impact of Deployments of Military Parents on Military 
Children.--
            (1) In general.--The Secretary of Defense shall undertake a 
        comprehensive assessment of the impacts of military deployment 
        on dependent children of members of the Armed Forces. The 
        assessment shall separately address each of the categories of 
        such children as follows:
                    (A) Preschool-age children.
                    (B) Elementary-school age children.
                    (C) Teenage or adolescent children.
            (2) Elements.--The assessment undertaken under paragraph 
        (1) shall include an assessment of the following:
                    (A) The impact that separation due to the 
                deployment of a military parent or parents has on 
                children.
                    (B) The impact that multiple deployments of a 
                military parent or parents have on children.
                    (C) The impact that the return from deployment of a 
                severely wounded or injured military parent or parents 
                has on children.
                    (D) The impact that the death of a military parent 
                or parents in connection with a deployment has on 
                children.
                    (E) The impact that deployment of a military parent 
                or parents has on children with preexisting 
                psychological conditions, such as anxiety and 
                depression.
                    (F) The impact that deployment of a military parent 
                or parents has on risk factors such as child abuse, 
                child neglect, family violence, substance abuse by 
                children, or parental substance abuse.
                    (G) Such other matters as the Secretary considers 
                appropriate.
            (3) Report.--Not later than one year after the date of the 
        enactment of this Act, the Secretary shall submit to the 
        Committees on Armed Services of the Senate and the House of 
        Representatives a report on the assessment undertaken under 
        paragraph (1), including the findings and recommendations of 
        the Secretary as a result of the assessment.
    (b) Mental Health Care and Counseling Services Available to 
Military Children.--
            (1) In general.--The Secretary of Defense shall conduct a 
        comprehensive review of the mental health care and counseling 
        services available to dependent children of members of the 
        Armed Forces through the Department of Defense.
            (2) Elements.--The review under paragraph (1) shall include 
        an assessment of the following:
                    (A) The availability, quality, and effectiveness of 
                Department of Defense programs intended to meet the 
                mental health care needs of military children.
                    (B) The availability, quality, and effectiveness of 
                Department of Defense programs intended to promote 
                resiliency in military children in coping with 
                deployment cycles, injury, or death in military 
                parents.
                    (C) The extent of access to, adequacy, and 
                availability of mental health care and counseling 
                services for military children in military medical 
                treatment facilities, in family assistance centers, 
                through Military OneSource, under the TRICARE program, 
                and in Department of Defense dependents' schools.
                    (D) Whether the status of a member of the Armed 
                Forces on active duty, or in reserve active status, 
                affects the access of a military child to mental health 
                care and counseling services.
                    (E) Whether, and to what extent, waiting lists, 
                geographic distance, and other factors may obstruct the 
                receipt by military children of mental health care and 
                counseling services.
                    (F) The extent of access to, availability, and 
                viability of specialized mental health care for 
                military children (including adolescents).
                    (G) The extent of any gaps in the current 
                capabilities of the Department of Defense to provide 
                preventive mental health services for military 
                children.
                    (H) Such other matters as the Secretary considers 
                appropriate.
            (3) Report.--Not later than one year after the date of the 
        enactment of this Act, the Secretary shall submit to the 
        Committees on Armed Services of the Senate and the House of 
        Representatives a report on the review conducted under 
        paragraph (1), including the findings and recommendations of 
        the Secretary as a result of the review.
            (4) Comprehensive plan for improvements in access to care 
        and counseling.--The Secretary shall develop a comprehensive 
        plan for improvements in access to quality mental health care 
        and counseling services for military children in order to 
        develop and promote psychological health and resilience in 
        children of deploying and deployed members of the Armed Forces. 
        The information in the report required by paragraph (3) shall 
        provide the basis for the development of the plan.

SEC. 555. REPORT ON CHILD CUSTODY LITIGATION INVOLVING SERVICE OF 
              MEMBERS OF THE ARMED FORCES.

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

SEC. 556. SENSE OF SENATE ON PREPARATION AND COORDINATION OF FAMILY 
              CARE PLANS.

    (a) Findings.--The Senate makes the following findings:
            (1) Family Care Plans provide a military tool to document 
        the plan by which members of the Armed Forces provide for the 
        care of their family members when military duties prevent 
        members of the Armed Forces from doing so themselves. Properly 
        prepared Family Care Plans are essential to military readiness. 
        Minimizing the strain on members of the Armed Forces of 
        unresolved, challenged, or voided child custody arrangements 
        arising during deployments or temporary duty directly 
        contributes to the national defense by enabling members of the 
        Armed Forces to devote their entire energy to their military 
        mission and duties.
            (2) When Family Care Plans are properly prepared and 
        coordinated with all affected parties, the legal difficulties 
        that may otherwise arise in the absence of the military 
        custodial parent often can be minimized, if not eliminated.
    (b) Sense of Senate.--It is the sense of the Senate that--
            (1) the responsibility for establishing workable and 
        legally supportable Family Care Plans lies with the members of 
        the Armed Forces;
            (2) notwithstanding that responsibility, commanders 
        should--
                    (A) ensure that the members of their command fully 
                understand the purpose of the Family Care Plan and its 
                limitations, including the overriding authority of 
                State courts to determine child custody arrangements 
                notwithstanding a Family Care Plan;.
                    (B) understand and emphasize to their members that 
                failure to involve, or at least inform, the non-
                custodial parent of custody arrangements in 
                anticipation of an absence can undermine the Family 
                Care Plan or even render it useless, in such cases; and
                    (C) apprise their members of the risks described in 
                subparagraph (B), and strongly encourage them to seek 
                legal assistance, as far in advance of actual absences 
                as practicable;
            (3) the Secretary of Defense, and the Secretary of Homeland 
        Security with respect to matters concerning the Coast Guard 
        when it is not operating as a service in the Navy, should 
        ensure that members of the Armed Forces update their Family 
        Care Plans and emphasize--
                    (A) the importance of prior planning;
                    (B) that Family Care Plans are necessary not only 
                for the single parent and for the dual military couple 
                but also for a married member of the Armed Forces who 
                has custody of a child pursuant to a court order or 
                separation agreement or who has custody of a child 
                whose other parent is not the current spouse of the 
                member;
                    (C) that in spite of how important Family Care 
                Plans are to readiness, they are not legal documents 
                that can change a court-mandated custodial arrangement 
                or interfere with the other parent's right to custody 
                of his or her child;
                    (D) that, to the greatest extent possible, a member 
                of the Armed Forces should inform the other parent of 
                the member's impending absence due to military orders 
                if such absence prohibits the member from fulfilling 
                the member's custody responsibilities and inform that 
                other parent of the Family Care Plan;
                    (E) that a member of the Armed Forces should 
                attempt to obtain the consent of the non-custodial or 
                adoptive parent to any Family Care Plan that would 
                leave the child in the care of a third party; and
                    (F) that if a member of the Armed Forces cannot or 
                will not contact the non-custodial parent or cannot 
                obtain that parent's consent to the Family Care Plan, 
                the commander of the member should--
                            (i) counsel the member about the 
                        implications; and
                            (ii) encourage in the strongest possible 
                        terms that the member seek immediate help from 
                        a legal assistance attorney or other qualified 
                        legal counsel; and
            (4) attorneys providing legal assistance as described in 
        paragraph (3)(F)(ii) should provide members of the Armed Forces 
        a full explanation of the dangers of not involving the non-
        custodial parent and discuss appropriate courses of action.

                       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.

    Section 576(e)(1) of the Ronald W. Reagan National Defense 
Authorization Act for Fiscal Year 2005 (Public Law 108-375; 118 Stat. 
1924; 10 U.S.C. 4331 note) is amended by striking ``one year after the 
initiation of its examination under subsection (b)'' and inserting 
``December 1, 2009''.

SEC. 572. CLARIFICATION OF PERFORMANCE POLICIES FOR MILITARY MUSICAL 
              UNITS AND MUSICIANS.

    (a) Clarification.--Section 974 of title 10, United States Code, is 
amended to read as follows:
``Sec. 974. Military musical units and musicians: performance policies; 
              restriction on performance in competition with local 
              civilian musicians
    ``(a) Military Musicians Performing in an Official Capacity.--(1) A 
military musical unit, and a member of the armed forces who is a member 
of such a unit performing in an official capacity, may not engage in 
the performance of music in competition with local civilian musicians.
    ``(2) For purposes of paragraph (1), the following shall, except as 
provided in paragraph (3), be included among the performances that are 
considered to be a performance of music in competition with local 
civilian musicians:
            ``(A) A performance that is more than incidental to an 
        event that--
                    ``(i) is not supported, in whole or in part, by 
                United States Government funds; and
                    ``(ii) is not free to the public.
            ``(B) A performance of background, dinner, dance, or other 
        social music at an event that--
                    ``(i) is not supported, in whole or in part, by 
                United States Government funds; and
                    ``(ii) is held at a location not on a military 
                installation.
    ``(3) For purposes of paragraph (1), the following shall not be 
considered to be a performance of music in competition with local 
civilian musicians:
            ``(A) A performance (including background, dinner, dance, 
        or other social music) at an official United States Government 
        event that is supported, in whole or in part, by United States 
        Government funds.
            ``(B) A performance at a concert, parade, or other event, 
        that--
                    ``(i) is a patriotic event or a celebration of a 
                national holiday; and
                    ``(ii) is free to the public.
            ``(C) A performance that is incidental to an event that--
                    ``(i) is not supported, in whole or in part, by 
                United States Government funds; or
                    ``(ii) is not free to the public.
            ``(D) A performance (including background, dinner, dance, 
        or other social music) at--
                    ``(i) an event that is sponsored by or for a 
                military welfare society, as defined in section 2566 of 
                this title;
                    ``(ii) an event that is a traditional military 
                event intended to foster the morale and welfare of 
                members of the armed forces and their families; or
                    ``(iii) an event that is specifically for the 
                benefit or recognition of members of the armed forces, 
                their family members, veterans, civilian employees of 
                the Department of Defense, or former civilian employees 
                of the Department of Defense, to the extent provided in 
                regulations prescribed by the Secretary of Defense.
            ``(E) A performance (including background, dinner, dance, 
        or other social music)--
                    ``(i) to uphold the standing and prestige of the 
                United States with dignitaries and distinguished or 
                prominent persons or groups of the United States or 
                another nation; or
                    ``(ii) in support of fostering and sustaining a 
                cooperative relationship with another nation.
    ``(b) Prohibition of Military Musicians Accepting Additional 
Remuneration for Official Performances.--A military musical unit, and a 
member of the armed forces who is a member of such a unit performing in 
an official capacity, may not receive remuneration for an official 
performance, other than applicable military pay and allowances.
    ``(c) Recordings.--(1) When authorized under regulations prescribed 
by the Secretary of Defense for purposes of this section, a military 
musical unit may produce recordings for distribution to the public, at 
a cost not to exceed expenses of production and distribution.
    ``(2) Amounts received in payment for a recording distributed to 
the public under this subsection shall be credited to the appropriation 
or account providing the funds for the production of the recording. Any 
amount so credited shall be merged with amounts in the appropriation or 
account to which credited, and shall be available for the same 
purposes, and subject to the same conditions and limitations, as 
amounts in such appropriation or account.
    ``(d) Performances at Foreign Locations.--Subsection (a) does not 
apply to a performance outside the United States, its commonwealths, or 
its possessions.
    ``(e) Military Musical Unit Defined.--In this section, the term 
`military musical unit' means a band, ensemble, chorus, or similar 
musical unit of the armed forces.''.
    (b) Clerical Amendment.--The item relating to such section in the 
table of sections at the beginning of chapter 49 of such title is 
amended to read as follows:

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

          TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS

                     Subtitle A--Pay and Allowances

SEC. 601. FISCAL YEAR 2010 INCREASE IN MILITARY BASIC PAY.

    (a) Waiver of Section 1009 Adjustment.--The adjustment to become 
effective during fiscal year 2010 required by section 1009 of title 37, 
United States Code, in the rates of monthly basic pay authorized 
members of the uniformed services shall not be made.
    (b) Increase in Basic Pay.--Effective on January 1, 2010, the rates 
of monthly basic pay for members of the uniformed services are 
increased by 3.4 percent.

SEC. 602. COMPTROLLER GENERAL OF THE UNITED STATES COMPARATIVE 
              ASSESSMENT OF MILITARY AND PRIVATE-SECTOR PAY AND 
              BENEFITS.

    (a) Study Required.--The Comptroller General of the United States 
shall conduct a study comparing pay and benefits provided by law to 
members of the Armed Forces with pay and benefits provided by the 
private sector to comparably situated private-sector employees.
    (b) Elements.--The study required by subsection (a) shall include, 
but not be limited to, the following:
            (1) An assessment of total military compensation for 
        officers and for enlisted personnel, including basic pay, the 
        basic allowance for housing (BAH), the basic allowance for 
        subsistence (BAS), tax benefits applicable to military pay and 
        allowances under Federal law (including the Social Security 
        laws) and State law, military retirement benefits, commissary 
        and exchange privileges, and military healthcare benefits.
            (2) An assessment of private-sector pay and benefits for 
        civilians of similar age, education, and experience in like 
        fields of officers and enlisted personnel of the Armed Forces, 
        including pay, bonuses, employee options, fringe benefits, 
        retirement benefits, individual retirement investment benefits, 
        flexible spending accounts and health savings accounts, and any 
        other elements of private-sector compensation that the 
        Comptroller General considers appropriate.
            (3) An identification of the percentile of comparable 
        private-sector compensation at which members of the Armed 
        Forces are paid, including an assessment of the adequacy of 
        percentile comparisons generally and whether the Department of 
        Defense goal of compensating members of the Armed Forces at the 
        80th percentile of comparable private-sector compensation, as 
        described in the 10th Quadrennial Review of Military 
        Compensation, is appropriate and adequate to achieve 
        comparability of pay between members of the Armed Forces and 
        private-sector employees.
    (c) Report.--The Comptroller General shall submit to the 
congressional defense committees a report on the study required by 
subsection (a) by not later than April 1, 2010.

SEC. 603. INCREASE IN MAXIMUM MONTHLY AMOUNT OF SUPPLEMENTAL 
              SUBSISTENCE ALLOWANCE FOR LOW-INCOME MEMBERS WITH 
              DEPENDENTS.

    (a) Increase in Maximum Monthly Amount.--Section 402a(a) of title 
37, United States Code, is amended--
            (1) in paragraph (2), by striking ``$500'' and inserting 
        ``$1,100''; and
            (2) in paragraph (3)(B), by striking ``$500'' and inserting 
        ``$1,100''.
    (b) Effective Date.--The amendments made by subsection (a) shall 
take effect on October 1, 2009, and shall apply with respect to monthly 
supplemental subsistence allowances for low-income members with 
dependents payable on or after that date.
    (c) Report on Elimination of Reliance on Supplemental Nutrition 
Assistance Program to Meet Nutritional Needs of Members of the Armed 
Forces and Their Dependents.--
            (1) In general.--Not later than September 1, 2010, the 
        Secretary of Defense shall, in consultation with the Secretary 
        of Agriculture, submit to the congressional defense committees 
        a report setting forth a plan for actions to eliminate the need 
        for members of the Armed Forces and their dependents to rely on 
        the supplemental nutrition assistance program under the Food 
        Stamp Act of 1977 (7 U.S.C. 2011 et seq.) for their monthly 
        nutritional needs.
            (2) Elements.--The plan required by paragraph (1) shall 
        address the following:
                    (A) An appropriate amount or amounts for the 
                monthly supplemental subsistence allowance for low-
                income members with dependents payable under section 
                402a of title 37, United States Code.
                    (B) Such modifications, if any, to the eligibility 
                requirements for the monthly supplemental subsistence 
                allowance, including limitations on the maximum size of 
                the household of a member for purposes of eligibility 
                for the allowance, as the Secretary of Defense 
                considers appropriate.
                    (C) The advisability of requiring members of the 
                Armed Forces to apply for the monthly supplemental 
                subsistence allowance before seeking assistance under 
                the supplemental nutrition assistance program.
                    (D) Such other matters as the Secretary of Defense 
                considers appropriate.

SEC. 604. BENEFITS UNDER POST-DEPLOYMENT/MOBILIZATION RESPITE ABSENCE 
              PROGRAM FOR CERTAIN PERIODS BEFORE IMPLEMENTATION OF 
              PROGRAM.

    (a) In General.--Under regulations prescribed by the Secretary of 
Defense, the Secretary concerned may provide any member or former 
member of the Armed Forces with the benefits specified in subsection 
(b) if the member or former member would, on any day during the period 
beginning on January 19, 2007, and ending on the date of the 
implementation of the Post-Deployment/Mobilization Respite Absence 
(PDMRA) program by the Secretary concerned, have qualified for a day of 
administrative absence under the Post-Deployment/Mobilization Respite 
Absence program had the program been in effect during such period.
    (b) Benefits.--The benefits specified in this subsection are the 
following:
            (1) In the case of an individual who is a former member of 
        the Armed Forces at the time of the provision of benefits under 
        this section, payment of an amount not to exceed $200 for each 
        day the individual would have qualified for a day of 
        administrative absence as described in subsection (a) during 
        the period specified in that subsection.
            (2) In the case of an individual who is a member of the 
        Armed Forces at the time of the provision of benefits under 
        this section, either one day of administrative absence or 
        payment of an amount not to exceed $200, as selected by the 
        Secretary concerned, for each day the individual would have 
        qualified for a day of administrative absence as described in 
        subsection (a) during the period specified in that subsection.
    (c) Exclusion of Certain Former Members.--A former member of the 
Armed Forces is not eligible under this section for the benefits 
specified in subsection (b)(1) if the former member was discharged or 
released from the Armed Forces under other than honorable conditions.
    (d) Maximum Number of Days of Benefits Providable.--The number of 
days of benefits providable to a member or former member of the Armed 
Forces under this section may not exceed 40 days of benefits.
    (e) Form of Payment.--The paid benefits providable under subsection 
(b) may be paid in a lump sum or installments, at the election of the 
Secretary concerned.
    (f) Construction With Other Pay and Leave.--The benefits provided a 
member or former member of the Armed Forces under this section are in 
addition to any other pay, absence, or leave provided by law.
    (g) Definitions.--In this section:
            (1) The term ``Post-Deployment/Mobilization Respite Absence 
        program'' means the program of a military department to provide 
        days of administrative absence not chargeable against available 
        leave to certain deployed or mobilized members of the Armed 
        Forces in order to assist such members in reintegrating into 
        civilian life after deployment or mobilization.
            (2) The term ``Secretary concerned'' has the meaning given 
        that term in section 101(5) of title 37, United States Code.
    (h) Termination.--
            (1) In general.--The authority to provide benefits under 
        this section shall expire on the date that is one year after 
        the date of the enactment of this Act.
            (2) Construction.--Expiration under this subsection of the 
        authority to provide benefits under this section shall not 
        affect the utilization of any day of administrative absence 
        provided a member of the Armed Forces under subsection (b)(2), 
        or the payment of any payment authorized a member or former 
        member of the Armed Forces under subsection (b), before the 
        expiration of the authority in this section.

           Subtitle B--Bonuses and Special and Incentive Pays

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

    (a) Selected Reserve Reenlistment Bonus.--Section 308b(g) of title 
37, United States Code, is amended by striking ``December 31, 2009'' 
and inserting ``December 31, 2010''.
    (b) Selected Reserve Affiliation or Enlistment Bonus.--Section 
308c(i) of such title is amended by striking ``December 31, 2009'' and 
inserting ``December 31, 2010''.
    (c) Special Pay for Enlisted Members Assigned to Certain High 
Priority Units.--Section 308d(c) of such title is amended by striking 
``December 31, 2009'' and inserting ``December 31, 2010''.
    (d) Ready Reserve Enlistment Bonus for Persons Without Prior 
Service.--Section 308g(f)(2) of such title is amended by striking 
``December 31, 2009'' and inserting ``December 31, 2010''.
    (e) Ready Reserve Enlistment and Reenlistment Bonus for Persons 
With Prior Service.--Section 308h(e) of such title is amended by 
striking ``December 31, 2009'' and inserting ``December 31, 2010''.
    (f) Selected Reserve Enlistment Bonus for Persons With Prior 
Service.--Section 308i(f) of such title is amended by striking 
``December 31, 2009'' and inserting ``December 31, 2010''.
    (g) Income Replacement Payments.--Section 910(g) of such title is 
amended by striking ``December 31, 2009'' and inserting ``December 31, 
2010''.

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

    (a) Nurse Officer Candidate Accession Program.--Section 2130a(a)(1) 
of title 10, United States Code, is amended by striking ``December 31, 
2009'' and inserting ``December 31, 2010''.
    (b) Repayment of Education Loans for Certain Health Professionals 
Who Serve in the Selected Reserve.--Section 16302(d) of such title is 
amended by striking ``December 31, 2009'' and inserting ``December 31, 
2010''.
    (c) Accession and Retention Bonuses for Psychologists.--Section 
302c-1(f) of title 37, United States Code, is amended by striking 
``December 31, 2009'' and inserting ``December 31, 2010''.
    (d) Accession Bonus for Registered Nurses.--Section 302d(a)(1) of 
such title is amended by striking ``December 31, 2009'' and inserting 
``December 31, 2010''.
    (e) Incentive Special Pay for Nurse Anesthetists.--Section 
302e(a)(1) of such title is amended by striking ``December 31, 2009'' 
and inserting ``December 31, 2010''.
    (f) Special Pay for Selected Reserve Health Professionals in 
Critically Short Wartime Specialties.--Section 302g(e) of such title is 
amended by striking ``December 31, 2009'' and inserting ``December 31, 
2010''.
    (g) Accession Bonus for Dental Officers.--Section 302h(a)(1) of 
such title is amended by striking ``December 31, 2009'' and inserting 
``December 31, 2010''.
    (h) Accession Bonus for Pharmacy Officers.--Section 302j(a) of such 
title is amended by striking ``December 31, 2009'' and inserting 
``December 31, 2010''.
    (i) Accession Bonus for Medical Officers in Critically Short 
Wartime Specialties.--Section 302k(f) of such title is amended by 
striking ``December 31, 2009'' and inserting ``December 31, 2010''.
    (j) Accession Bonus for Dental Specialist Officers in Critically 
Short Wartime Specialties.--Section 302l(g) of such title is amended by 
striking ``December 31, 2009'' and inserting ``December 31, 2010''.

SEC. 613. EXTENSION OF SPECIAL PAY AND BONUS AUTHORITIES FOR NUCLEAR 
              OFFICERS.

    (a) Special Pay for Nuclear-Qualified Officers Extending Period of 
Active Service.--Section 312(f) of title 37, United States Code, is 
amended by striking ``December 31, 2009'' and inserting ``December 31, 
2010''.
    (b) Nuclear Career Accession Bonus.--Section 312b(c) of such title 
is amended by striking ``December 31, 2009'' and inserting ``December 
31, 2010''.
    (c) Nuclear Career Annual Incentive Bonus.--Section 312c(d) of such 
title is amended by striking ``December 31, 2009'' and inserting 
``December 31, 2010''.

SEC. 614. EXTENSION OF AUTHORITIES RELATING TO TITLE 37 CONSOLIDATED 
              SPECIAL PAY, INCENTIVE PAY, AND BONUS AUTHORITIES.

    (a) General Bonus Authority for Enlisted Members.--Section 331(h) 
of title 37, United States Code, is amended by striking ``December 31, 
2009'' and inserting ``December 31, 2010''.
    (b) General Bonus Authority for Officers.--Section 332(g) of such 
title is amended by striking ``December 31, 2009'' and inserting 
``December 31, 2010''.
    (c) Special Bonus and Incentive Pay Authorities for Nuclear 
Officers.--Section 333(i) of such title is amended by striking 
``December 31, 2009'' and inserting ``December 31, 2010''.
    (d) Special Aviation Incentive Pay and Bonus Authorities.--Section 
334(i) of such title is amended by striking ``December 31, 2009'' and 
inserting ``December 31, 2010''.
    (e) Special Health Professions Incentive Pay and Bonus 
Authorities.--Section 335(k) of such title is amended by striking 
``December 31, 2009'' and inserting ``December 31, 2010''.
    (f) Hazardous Duty Pay.--Section 351(i) of such title is amended by 
striking ``December 31, 2009'' and inserting ``December 31, 2010''.
    (g) Assignment Pay or Special Duty Pay.--Section 352(g) of such 
title is amended by striking ``December 31, 2009'' and inserting 
``December 31, 2010''.
    (h) Skill Incentive Pay or Proficiency Bonus.--Section 353(j) of 
such title is amended by striking ``December 31, 2009'' and inserting 
``December 31, 2010''.
    (i) Retention Bonus for Members With Critical Military Skills or 
Assigned to High Priority Units.--Section 355(i) of such title is 
amended by striking ``December 31, 2009'' and inserting ``December 31, 
2010''.

SEC. 615. EXTENSION OF AUTHORITIES RELATING TO PAYMENT OF OTHER TITLE 
              37 BONUSES AND SPECIAL PAYS.

    (a) Aviation Officer Retention Bonus.--Section 301b(a) of title 37, 
United States Code, is amended by striking ``December 31, 2009'' and 
inserting ``December 31, 2010''.
    (b) Assignment Incentive Pay.--Section 307a(g) of such title is 
amended by striking ``December 31, 2009'' and inserting ``December 31, 
2010''.
    (c) Reenlistment Bonus for Active Members.--Section 308(g) of such 
title is amended by striking ``December 31, 2009'' and inserting 
``December 31, 2010''.
    (d) Enlistment Bonus.--Section 309(e) of such title is amended by 
striking ``December 31, 2009'' and inserting ``December 31, 2010''.
    (e) Accession Bonus for New Officers in Critical Skills.--Section 
324(g) of such title is amended by striking ``December 31, 2009'' and 
inserting ``December 31, 2010''.
    (f) Incentive Bonus for Conversion to Military Occupational 
Specialty to Ease Personnel Shortage.--Section 326(g) of such title is 
amended by striking ``December 31, 2009'' and inserting ``December 31, 
2010''.
    (g) Incentive Bonus for Transfer Between Armed Forces.--Section 
327(h) of such title is amended by striking ``December 31, 2009'' and 
inserting ``December 31, 2010''.
    (h) Accession Bonus for Officer Candidates.--Section 330(f) of such 
title is amended by striking ``December 31, 2009'' and inserting 
``December 31, 2010''.

SEC. 616. EXTENSION OF AUTHORITIES RELATING TO PAYMENT OF REFERRAL 
              BONUSES.

    (a) Health Professions Referral Bonus.--Section 1030(i) of title 
10, United States Code, is amended by striking ``December 31, 2009'' 
and inserting ``December 31, 2010''.
    (b) Army Referral Bonus.--Section 3252(h) of such title is amended 
by striking ``December 31, 2009'' and inserting ``December 31, 2010''.

SEC. 617. SPECIAL COMPENSATION FOR MEMBERS OF THE UNIFORMED SERVICES 
              WITH COMBAT-RELATED CATASTROPHIC INJURIES OR ILLNESSES 
              REQUIRING ASSISTANCE IN EVERYDAY LIVING.

    (a) In General.--Chapter 7 of title 37, United States Code, is 
amended by adding at the end the following new section:
``Sec. 439. Special compensation: members of the uniformed services 
              with combat-related catastrophic injuries or illnesses 
              requiring assistance in everyday living
    ``(a) Monthly Compensation.--The Secretary concerned may pay to any 
member of the uniformed services described in subsection (b) monthly 
special compensation in an amount determined under subsection (c).
    ``(b) Covered Members.--A member eligible for monthly special 
compensation authorized by subsection (a) is a member who--
            ``(1) has a combat-related catastrophic injury or illness;
            ``(2) has been certified by a licensed physician to be in 
        need of assistance from another person to perform the personal 
        functions required in everyday living; and
            ``(3) meets such other criteria, if any, as the Secretary 
        of Defense (or the Secretary of Homeland Security, with respect 
        to the Coast Guard) prescribes for purposes of this section.
    ``(c) Amount.--(1) The amount of monthly special compensation 
payable to a member under subsection (a) shall be determined under 
criteria prescribed by the Secretary of Defense (or the Secretary of 
Homeland Security, with respect to the Coast Guard), but may not exceed 
the amount of aid and attendance allowance authorized by section 
1114(r) of title 38 for veterans in need of regular aid and attendance.
    ``(2) In determining the amount of monthly special compensation, 
the Secretary concerned shall consider the following:
            ``(A) The extent to which home health care and related 
        services are being provided by the Government.
            ``(B) The extent to which aid and attendance services are 
        being provided by family and friends who may be compensated 
        with funds provided through the monthly special compensation.
    ``(d) Payment Until Medical Retirement.--Monthly special 
compensation is payable under this section to a member described in 
subsection (b) for any month that begins before the date on which the 
member is medically retired.
    ``(e) Construction With Other Pay and Allowances.--Monthly special 
compensation payable to a member under this section is in addition to 
any other pay and allowances payable to the member by law.
    ``(f) Definitions.--In this section:
            ``(1) The term `catastrophic injury or illness', with 
        respect to member, means a permanent, severely disabling 
        injury, disorder, or disease that compromises the member's 
        ability to carry out the activities of daily living to such a 
        degree that the member requires personal or mechanical 
        assistance to leave home or bed, or requires constant 
        supervision to avoid physical harm to self or others.
            ``(2) The term `combat-related', with respect to a 
        catastrophic injury or illness, means an injury or illness 
        incurred as described in section 1413a(e) of title 10.
    ``(g) Regulations.--The Secretary of Defense (or the Secretary of 
Homeland Security, with respect to the Coast Guard) shall prescribe 
regulations to carry out this section.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 7 of such title is amended by adding at the end the following 
new item:

``439. Special compensation: members of the uniformed services with 
                            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.

    (a) Special Pay Authorized.--The Secretary of the military 
department concerned may pay monthly special pay to any member of the 
Armed Forces described in subsection (b) for any month or portion of a 
month in which the member serves on active duty in the Armed Forces, or 
has the member's eligibility for retirement from the Armed Forces 
suspended, as described in that subsection.
    (b) Covered Members.--A member of the Armed Forces described in 
this subsection is any member of the Army, Navy, Air Force, or Marine 
Corps (including a member of a reserve component thereof) who, at any 
time during the period beginning on October 1, 2009, and ending on June 
30, 2011, serves on active duty while the member's enlistment or period 
of obligated service is extended, or has the member's eligibility for 
retirement suspended, pursuant to section 123 or 12305 of title 10, 
United States Code, or any other provision of law (commonly referred to 
as a ``stop-loss authority'') authorizing the President to extend an 
enlistment or period of obligated service, or suspend eligibility for 
retirement, of a member of the uniformed services in time of war or of 
national emergency declared by Congress or the President.
    (c) Amount.--The amount of monthly special pay payable to a member 
under this section for a month may not exceed $500.
    (d) Construction With Other Pays.--Monthly special pay payable to a 
member under this section is in addition to any other amounts payable 
to the member by law.

            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.

    (a) Authority to Provide Travel to Designated Individuals.--
Subsection (a) of section 411h of title 37, United States Code, is 
amended--
            (1) in paragraph (1)--
                    (A) by striking ``family members of a member 
                described in paragraph (2)'' and inserting 
                ``individuals who, with respect to a member described 
                in paragraph (2), are designated individuals for that 
                member'';
                    (B) by striking ``that the presence of the family 
                member'' and inserting ``, with respect to any such 
                individual, that the presence of such individual''; and
                    (C) by striking ``of family members'' and inserting 
                ``of designated individuals''; and
            (2) by adding at the end the following new paragraph:
    ``(4) In the case of a designated individual who is also a member 
of the uniformed services, that member may be provided travel and 
transportation under this section in the same manner as a designated 
individual who is not a member.''.
    (b) Definition of Designated Individual.--
            (1) In general.--Paragraph (1) of subsection (b) of such 
        section is amended by striking ``the term'' and all that 
        follows and inserting ``the term `designated individual', with 
        respect to a member, means--
            ``(A) an individual designated by the member for the 
        purposes of this section; or
            ``(B) in the case of a member who has not made a 
        designation under subparagraph (A) and, as determined by the 
        attending physician or surgeon, is not able to make such a 
        designation, an individual who, as designated by the attending 
        physician or surgeon and the commander or head of the military 
        medical facility exercising control over the member, is someone 
        with a personal relationship to the member whose presence may 
        aid and support the health and welfare of the member during the 
        duration of the member's inpatient treatment.''.
            (2) Designations not permanent.--Paragraph (2) of such 
        subsection is amended to read as follows:
    ``(2) The designation of an individual as a designated individual 
for purposes of this section may be changed at any time.''.
    (c) Coverage of Members Hospitalized Outside the United States Who 
Were Wounded or Injured in a Combat Operation or Combat Zone.--
            (1) Coverage for hospitalization outside the united 
        states.--Subparagraph (B) of section (a)(2) of such section is 
        amended--
                    (A) in clause (i), by striking ``in or outside the 
                United States''; and
                    (B) in clause (ii), by striking ``in the United 
                States''.
            (2) Clarification of members covered.--Such subparagraph is 
        further amended--
                    (A) in clause (i), by inserting ``seriously 
                wounded,'' after ``(i) is''; and
                    (B) in clause (ii)--
                            (i) by striking ``an injury'' and inserting 
                        ``a wound or an injury''; and
                            (ii) by striking ``that injury'' and 
                        inserting ``that wound or injury''.
    (d) Coverage of Members With Serious Mental Disorders.--
            (1) In general.--Subsection (a)(2)(B)(i) of such section, 
        as amended by subsection (c) of this section, is further 
        amended by inserting ``(including having a serious mental 
        disorder)'' after ``seriously injured''.
            (2) Serious mental disorder defined.--Subsection (b) of 
        such section 411h, as amended by subsection (b) of this 
        section, is further amended by adding at the end the following 
        new paragraph:
    ``(4)(A) In this section, the term `serious mental disorder', in 
the case of a member, means that the member has been diagnosed with a 
mental disorder that requires intensive mental health treatment or 
hospitalization.
    ``(B) The circumstances in which a member shall be considered to 
have a serious mental disorder for purposes of this section shall 
include, but not be limited to, the following:
            ``(i) The member is considered to be a potential danger to 
        self or others as a result of a diagnosed mental disorder that 
        requires intensive mental health treatment or hospitalization.
            ``(ii) The member is diagnosed with a mental disorder and 
        has psychotic symptoms that require intensive mental health 
        treatment or hospitalization.
            ``(iii) The member is diagnosed with a mental disorder and 
        has severe symptoms or severe impairment in functioning that 
        require intensive mental health treatment or 
        hospitalization.''.
    (e) Frequency of Authorized Travel.--Paragraph (3) of subsection 
(a) of such section 411h is amended to read as follows:
    ``(3) Not more than a total of three roundtrips may be provided 
under paragraph (1) in any 60-day period at Government expense to the 
individuals who, with respect to a member, are the designated 
individuals of that member in effect during that period. However, if 
the Secretary concerned has granted a waiver under the second sentence 
of paragraph (1) with respect to a member, then for any 60-day period 
in which the waiver is in effect the limitation in the preceding 
sentence shall be adjusted accordingly. In addition, during any period 
during which there is in effect a non-medical attendant designation for 
a member under section 411h-1 of this title, not more than a total of 
two roundtrips may be provided under paragraph (1) in any 60-day period 
at Government expense until there no longer is a designation of a non-
medical attendant or that designation transfers to another individual, 
in which case during the transfer period three roundtrip tickets may be 
provided.''.
    (f) Stylistic and Conforming Amendments.--Such section is further 
amended--
            (1) in subsection (a), by striking ``(a)(1)'' and inserting 
        ``(a) Travel and Transportation Authorized.--(1)'';
            (2) in subsection (b)--
                    (A) by striking ``(b)(1)'' and inserting ``(b) 
                Definitions.--(1)''; and
                    (B) in paragraph (3)--
                            (i) by inserting ``(A)'' after ``(3)''; and
                            (ii) by adding at the end the following new 
                        subparagraph:
    ``(B) In this paragraph, the term `family member', with respect to 
a member, means the following:
            ``(i) The member's spouse.
            ``(ii) Children of the member (including stepchildren, 
        adopted children, and illegitimate children).
            ``(iii) Parents of the member or persons in loco parentis 
        to the member, including fathers and mothers through adoption 
        and persons who stood in loco parentis to the member for a 
        period not less than one year immediately before the member 
        entered the uniformed service, except that only one father and 
        one mother or their counterparts in loco parentis may be 
        recognized in any one case.
            ``(iv) Siblings of the member.
            ``(v) A person related to the member as described in clause 
        (i), (ii), (iii), or (iv) who is also a member of the uniformed 
        services.'';
            (3) in subsection (c)--
                    (A) by striking ``(c)(1)'' and inserting ``(c) 
                Round Trip Transportation and Per Diem Allowance.--
                (1)''; and
                    (B) in paragraph (1), by striking ``family member'' 
                and inserting ``designated individual''; and
            (4) in subsection (d), by striking ``(d)(1)'' and inserting 
        ``(d) Method of Transportation Authorized.--(1)''.
    (g) Clerical Amendments.--
            (1) Section heading.--The heading of such section is 
        amended to read as follows:
``Sec. 411h. Travel and transportation allowances: transportation of 
              designated individuals incident to hospitalization of 
              members for treatment of wounds, illness, or injury''.
            (2) Table of sections.--The item relating to such section 
        in the table of sections at the beginning of chapter 7 of such 
        title is amended to read as follows:

``411h. Travel and transportation allowances: transportation of 
                            designated individuals incident to 
                            hospitalization of members for treatment of 
                            wounds, illness, or injury.''.
    (h) Conforming Amendment to Wounded Warrior Act.--Section 1602(4) 
of the Wounded Warrior Act (10 U.S.C. 1071 note) is amended by striking 
``411h(b)(1)'' and inserting ``411h(b)(3)(B)''.
    (i) Applicability of Amendments.--No reimbursement may be provided 
under section 411h of title 37, United States Code, by reason of the 
amendments made by this section for travel and transportation costs 
incurred before the date of the enactment of this Act.

SEC. 632. TRAVEL AND TRANSPORTATION ALLOWANCES FOR NON-MEDICAL 
              ATTENDANTS OF SERIOUSLY WOUNDED, ILL, OR INJURED MEMBERS 
              OF THE UNIFORMED SERVICES.

    (a) Payment of Travel Costs Authorized.--
            (1) In general.--Chapter 7 of title 37, United States Code, 
        is mended by inserting after section 411h the following new 
        section:
``Sec. 411h-1. Travel and transportation allowances: transportation of 
              non-medical attendants for members who are seriously 
              wounded, ill, or injured
    ``(a) In General.--Under uniform regulations prescribed by the 
Secretaries concerned, travel and transportation described in 
subsection (d) may be provided for a qualified non-medical attendant 
for a member of the uniformed services described in subsection (c) if 
the attending physician or surgeon and the commander or head of the 
military medical facility exercising control over the member jointly 
determine that the presence of such an attendant may contribute to the 
member's health and welfare.
    ``(b) Qualified Non-medical Attendant.--For purposes of this 
section, a qualified non-medical attendant with respect to a member 
described in subsection (c) is an individual who--
            ``(1) the member designates for purposes of this section to 
        be a non-medical attendant for the member; or
            ``(2) the attending physician or surgeon and the commander 
        or head of the military medical facility exercising control 
        over the member jointly determine is an appropriate non-medical 
        attendant for the member whose presence may contribute to the 
        member's health and welfare.
    ``(c) Covered Members.--A member of the uniformed services 
described in this subsection is a member who--
            ``(1) is serving on active duty, is entitled to pay and 
        allowances under section 204(g) of this title (or would be so 
        entitled if not for offsetting earned income described in that 
        subsection), or is retired for the wound, illness, or injury 
        for which the member is categorized as described in paragraph 
        (2);
            ``(2) has been determined by the attending physician or 
        surgeon to be in the category known as `very seriously wounded, 
        ill, or injured' or in the category known as `seriously 
        wounded, ill, and injured'; and
            ``(3) either--
                    ``(A) is hospitalized for treatment of the wound, 
                illness, or injury for which the member is so 
                categorized; or
                    ``(B) requires continuing outpatient treatment for 
                such wound, illness, or injury.
    ``(d) Travel and Transportation.--(1)(A) The transportation 
authorized by subsection (a) for a qualified non-medical attendant for 
a member is round-trip transportation between the home of the attendant 
and the location at which the member is receiving treatment, including 
transportation, while accompanying the member, to any other location to 
which the member is subsequently transferred for further treatment.
    ``(B) In addition to the transportation authorized by subsection 
(a), the Secretary concerned may provide a per diem allowance or 
reimbursement, or a combination thereof, for the actual and necessary 
expenses of travel as described in subparagraph (A), but at rates not 
to exceed the rates for travel established under section 404(d) of this 
title.
    ``(2) The transportation authorized by subsection (a) includes 
transportation, while accompanying the member, necessary to obtain 
treatment for the member at the location to which the member is 
permanently assigned.
    ``(3) The transportation authorized by subsection (a) may be 
provided by any means as follows:
            ``(A) Transportation in-kind.
            ``(B) A monetary allowance in place of transportation in-
        kind.
            ``(C) Reimbursement for the cost of commercial 
        transportation.
    ``(4) An allowance payable under this subsection may be paid in 
advance.
    ``(5) Reimbursement payable under this subsection for air travel 
may not exceed the cost of Government-procured commercial round-trip 
air travel.
    ``(e) Coordination With Transportation and Allowances for 
Designated Individuals.--An individual may not receive travel and 
transportation allowances under section 411h of this title and this 
section simultaneously.''.
            (2) Clerical amendment.--The table of sections at the 
        beginning of chapter 7 of such title is amended by inserting 
        after the item related to section 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.''.
    (b) Applicability.--No reimbursement may be provided under section 
411h-1 of title 37, United States Code (as added by subsection (a)), 
for any costs of travel or transportation incurred before the date of 
the enactment of this Act.

SEC. 633. TRAVEL AND TRANSPORTATION ALLOWANCES FOR MEMBERS OF THE 
              RESERVE COMPONENTS OF THE ARMED FORCES ON LEAVE FOR 
              SUSPENSION OF TRAINING.

    (a) Allowances Authorized.--
            (1) In general.--Chapter 7 of title 37, United States Code, 
        is amended by inserting after section 411j the following new 
        section:
``Sec. 411k. Travel and transportation allowances: travel performed by 
              certain members of the reserve components of the armed 
              forces in connection with leave for suspension of 
              training
    ``(a) Allowance Authorized.--The Secretary concerned may reimburse 
or provide transportation to a member of a reserve component of the 
armed forces on active duty for a period of more than 30 days who is 
performing duty at a temporary duty station for travel between the 
member's temporary duty station and the member's permanent duty station 
in connection with authorized leave pursuant to a suspension of 
training.
    ``(b) Minimum Distance Between Stations.--A member may be paid for 
or provided transportation under subsection (a) only as follows:
            ``(1) In the case of a member who travels between a 
        temporary duty station and permanent duty station by air 
        transportation, if the distance between such stations is not 
        less than 300 miles.
            ``(2) In the case of a member who travels between a 
        temporary duty station and permanent duty station by ground 
        transportation, if the distance between such stations is more 
        than the normal commuting distance from the permanent duty 
        station (as determined under the regulations prescribed under 
        subsection (e)).
    ``(c) Minimum Period of Suspension of Training.--A member may be 
paid for or provided transportation under subsection (a) only in 
connection with a suspension of training covered by that subsection 
that is five days or more in duration.
    ``(d) Limitation on Reimbursement.--The amount a member may be paid 
under subsection (a) for travel may not exceed the amount that would be 
paid by the government (as determined under the regulations prescribed 
under subsection (e)) for the least expensive means of travel between 
the duty stations concerned.
    ``(e) Regulations.--The Secretary concerned shall prescribe 
regulations to carry out this section. Regulations prescribed by the 
Secretary of a military department shall be subject to the approval of 
the Secretary of Defense.''.
            (2) Clerical amendment.--The table of sections at the 
        beginning of chapter 7 of such title is amended by inserting 
        after the item relating to section 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.''.
    (b) Effective Date.--The amendments made by subsection (a) shall 
take effect on the date of the enactment of this Act, and shall apply 
with respect to travel that occurs on or after that date.

SEC. 634. REIMBURSEMENT OF TRAVEL EXPENSES OF MEMBERS OF THE ARMED 
              FORCES ON ACTIVE DUTY AND THEIR DEPENDENTS FOR TRAVEL FOR 
              SPECIALTY CARE UNDER EXCEPTIONAL CIRCUMSTANCES.

    (a) Reimbursement Authorized.--Section 1074i of title 10, United 
States Code, is amended--
            (1) by redesignating subsections (b) and (c) as subsections 
        (c) and (d), respectively; and
            (2) by inserting after subsection (a) the following new 
        subsection (b):
    ``(b) Reimbursement for Travel Under Exceptional Circumstances.--
The Secretary of Defense may provide reimbursement for reasonable 
travel expenses of travel of members of the armed forces on active duty 
and their dependents, and accompaniment, to a specialty care provider 
not otherwise authorized by subsection (a) under such exceptional 
circumstances as the Secretary considers appropriate for purposes of 
this section.''.
    (b) Technical Amendment.--Subsection (a) of such section is amended 
by inserting ``of Defense'' after ``the Secretary''.

                       Subtitle D--Other Matters

SEC. 651. AUTHORITY TO CONTINUE PROVISION OF INCENTIVES AFTER 
              TERMINATION OF TEMPORARY ARMY AUTHORITY TO PROVIDE 
              ADDITIONAL RECRUITMENT INCENTIVES.

    Subsection (i) of section 681 of the National Defense Authorization 
Act for Fiscal Year 2006 (Public Law 109-163; 119 Stat. 3321) is 
amended to read as follows:
    ``(i) Termination of Authority.--
            ``(1) In general.--The Secretary may not develop an 
        incentive under this section, or first provide an incentive 
        developed under this section to an individual, after December 
        31, 2009.
            ``(2) Continuation of incentives.--Nothing in paragraph (1) 
        shall be construed to prohibit or limit the continuing 
        provision to an individual after the date specified in that 
        paragraph of an incentive first provided the individual under 
        this section before that date.''.

                   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.

    (a) In General.--Chapter 55 of title 10, United States Code, is 
amended by inserting after section 1076d the following new section:
``Sec. 1076e. TRICARE program: TRICARE Standard coverage for certain 
              members of the Retired Reserve who are qualified for a 
              non-regular retirement but are not yet age 60
    ``(a) Eligibility.--(1) Except as provided in paragraph (2), a 
member of the Retired Reserve of a reserve component of the Armed 
Forces who is qualified for a non-regular retirement at age 60 under 
chapter 1223, but is not age 60, is eligible for health benefits under 
TRICARE Standard as provided in this section.
    ``(2) Paragraph (1) does not apply to a member who is enrolled, or 
is eligible to enroll, in a health benefits plan under chapter 89 of 
title 5.
    ``(b) Termination of Eligibility Upon Obtaining Other TRICARE 
Coverage.--Eligibility for TRICARE Standard coverage of a member under 
this section shall terminate upon the member becoming eligible for 
TRICARE coverage at age 60 under section 1086 of this title.
    ``(c) Family Members.--While a member of a reserve component is 
covered by TRICARE Standard under the section, the members of the 
immediate family of such member are eligible for TRICARE Standard 
coverage as dependents of the member. If a member of a reserve 
component dies while in a period of coverage under this section, the 
eligibility of the members of the immediate family of such member for 
TRICARE Standard coverage under this section shall continue for the 
same period of time that would be provided under section 1086 of this 
title if the member had been eligible at the time of death for TRICARE 
Standard coverage under such section (instead of under this section).
    ``(d) Premiums.--(1) A member of a reserve component covered by 
TRICARE Standard under this section shall pay a premium for that 
coverage.
    ``(2) The Secretary of Defense shall prescribe for the purposes of 
this section one premium for TRICARE Standard coverage of members 
without dependents and one premium for TRICARE Standard coverage of 
members with dependents referred to in subsection (f)(1). The premium 
prescribed for a coverage shall apply uniformly to all covered members 
of the reserve components covered under this section.
    ``(3)(A) The monthly amount of the premium in effect for a month 
for TRICARE Standard coverage under this section shall be the amount 
equal to the cost of coverage that the Secretary determines on an 
appropriate actuarial basis.
    ``(B) The appropriate actuarial basis for purposes of subparagraph 
(A) shall be determined in the manner specified in section 
1076d(d)(3)(B) of this title with respect to the cost of coverage 
applicable under subparagraph (A).
    ``(4) The Secretary shall prescribe the requirements and procedures 
applicable to the payment of premiums under this subsection.
    ``(5) Amounts collected as premiums under this subsection shall be 
credited to the appropriation available for the Defense Health Program 
Account under section 1100 of this title, shall be merged with sums in 
such Account that are available for the fiscal year in which collected, 
and shall be available under subsection (b) of such section for such 
fiscal year.
    ``(e) Regulations.--The Secretary of Defense, in consultation with 
the other administering Secretaries, shall prescribe regulations for 
the administration of this section.
    ``(f) Definitions.--In this section:
            ``(1) The term `immediate family', with respect to a member 
        of a reserve component, means all of the member's dependents 
        described in subparagraphs (A), (D), and (I) of section 1072(2) 
        of this title.
            ``(2) The term `TRICARE Standard' means--
                    ``(A) medical care to which a dependent described 
                in section 1076(a)(2) of this title is entitled; and
                    ``(B) health benefits contracted for under the 
                authority of section 1079(a) of this title and subject 
                to the same rates and conditions as apply to persons 
                covered under that section.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 55 of such title is amended by inserting after the item 
relating to section 1076d the following new item:

``1076e. TRICARE program: TRICARE Standard coverage for certain members 
                            of the Retired Reserve who are qualified 
                            for a non-regular retirement but are not 
                            yet age 60.''.
    (c) Effective Date.--Section 1076e of title 10, United States Code, 
as inserted by subsection (a), shall apply to coverage for months 
beginning on or after October 1, 2009, or such earlier date as the 
Secretary of Defense may specify.

SEC. 702. EXPANSION OF ELIGIBILITY OF SURVIVORS UNDER THE TRICARE 
              DENTAL PROGRAM.

    Section 1076a(k)(3) of title 10, United States Code, is amended by 
inserting before the period at the end the following: ``, except that, 
in the case of a dependent described by subparagraph (D) or (I) of 
section 1072(2) of this title, the period of continuing eligibility 
shall be the longer of the following periods beginning on such date:
            ``(A) Three years.
            ``(B) The period ending on the date on which the dependent 
        attains 21 years of age.
            ``(C) In the case of a dependent who, at 21 years of age, 
        is enrolled in a full-time course of study at an institution of 
        higher learning approved by the administering Secretary and is, 
        or was, at the time of the member's death, in fact dependent on 
        the member for over one-half of the dependent's support, the 
        period ending on the earlier of the following dates:
                    ``(i) The date on which the dependent ceases to 
                pursue such a course of study, as determined by the 
                administering Secretary.
                    ``(ii) The date on which the dependent attains 23 
                years of age''.

SEC. 703. CONSTRUCTIVE ELIGIBILITY FOR TRICARE BENEFITS OF CERTAIN 
              PERSONS OTHERWISE INELIGIBLE UNDER RETROACTIVE 
              DETERMINATION OF ENTITLEMENT TO MEDICARE PART A HOSPITAL 
              INSURANCE BENEFITS.

    Section 1086(d) of title 10, United States Code, is amended--
            (1) by redesignating paragraph (4) as paragraph (5); and
            (2) by inserting after paragraph (3) the following new 
        paragraph (4):
    ``(4)(A) If a person referred to in subsection (c) and described by 
paragraph (2)(B) is subject to a retroactive determination by the 
Social Security Administration of entitlement to hospital insurance 
benefits described in paragraph (1), the person shall, during the 
period described in subparagraph (B), be deemed for purposes of health 
benefits under this section--
            ``(i) not to have been covered by paragraph (1); and
            ``(ii) not to have been subject to the requirements of 
        section 1079(j)(1) of this title, whether through the operation 
        of such section or subsection (g) of this section.
    ``(B) The period described in this subparagraph with respect to a 
person covered by subparagraph (A) is the period that--
            ``(i) begins on the date that eligibility of the person for 
        hospital insurance benefits referred to in paragraph (1) is 
        effective under the retroactive determination of eligibility 
        with respect to the person as described in subparagraph (A); 
        and
            ``(ii) ends on the date of the issuance of such retroactive 
        determination of eligibility by the Social Security 
        Administration.''.

SEC. 704. REFORM AND IMPROVEMENT OF THE TRICARE PROGRAM.

    (a) In General.--Commencing not later than 30 days after the date 
of the enactment of this Act, the Secretary of Defense shall, in 
consultation with the other administering Secretaries, undertake 
actions to reform and improve the TRICARE program.
    (b) Elements.--In undertaking actions to reform and improve the 
TRICARE program under subsection (a), the Secretary shall consider 
actions as follows:
            (1) Actions to guarantee the availability of care without 
        delay for eligible beneficiaries.
            (2) Actions to expand and enhance sharing of health care 
        resources among Federal health care programs, including 
        designated providers (as that term is defined in section 721(5) 
        of the National Defense Authorization Act for Fiscal Year 1997 
        (10 U.S.C. 1073 note)).
            (3) Actions utilizing medical technology to speed and 
        simplify referrals for specialty care.
            (4) Actions, including a comprehensive plan, for the 
        enhanced availability of prevention and wellness care.
            (5) Actions to expand and enhance options for mental health 
        care.
            (6) Actions utilizing technology to improve direct 
        communication with beneficiaries regarding health and 
        preventive care.
            (7) Actions regarding additional financing options for 
        health care provided by civilian providers.
            (8) Actions to improve regional or national staffing 
        capabilities in order to enhance support provided to military 
        medical treatment facilities facing staff shortages.
            (9) Actions to reduce administrative costs.
            (10) Actions to control the cost of health care and 
        pharmaceuticals.
            (11) Actions to ensure consistency throughout the TRICARE 
        program, including actions to hold commanders of military 
        medical treatment facilities and civilian providers accountable 
        for compliance with access standards.
            (12) Actions to create performance metrics by which to 
        measure improvement in the TRICARE program.
            (13) Such other actions as the Secretary, in consultation 
        with the other administering Secretaries, considers 
        appropriate.
    (c) Consultation.--In considering actions to be undertaken under 
this section, and in undertaking such actions, the Secretary shall 
consult with a broad range of national health care and military 
advocacy organizations.
    (d) Reports.--
            (1) In general.--The Secretary shall, on a periodic basis, 
        submit to the congressional defense committees a report on the 
        progress being made in the reform and improvement of the 
        TRICARE program under this section.
            (2) Elements.--Each report under this subsection shall 
        include the following:
                    (A) A description and assessment of the progress 
                made as of the date of such report in the reform and 
                improvement of the TRICARE program.
                    (B) Such recommendations for administrative or 
                legislative action as the Secretary considers 
                appropriate to expedite and enhance the reform and 
                improvement of the TRICARE program.
    (e) Definitions.--In this section:
            (1) The term ``administering Secretaries'' has the meaning 
        given that term in section 1072(3) of title 10, United States 
        Code.
            (2) The term ``TRICARE program'' has the meaning given that 
        term in section 1072(7) of title 10, United States Code.

SEC. 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.

    (a) Report Required.--Not later than March 31, 2010, the 
Comptroller General of the United States shall submit to the Committees 
on Armed Services of the Senate and the House of Representatives a 
report on the implementation of the requirements of section 1097c of 
title 10, United States Code, relating to the relationship between the 
TRICARE program and employer-sponsored group health plans.
    (b) Elements.--The report required by subsection (a) shall include 
the following:
            (1) A description of the extent to which the Department of 
        Defense has established measures to assess the effectiveness of 
        section 1097c of title 10, United States Code, in reducing 
        health care costs to the Department for military retirees and 
        their families, and an assessment of the effectiveness of any 
        measures so established.
            (2) An assessment of the extent to which the implementation 
        of such section 1097c has resulted in the migration of military 
        retirees from coverage under the TRICARE Standard option of the 
        TRICARE program to coverage under the TRICARE Prime option of 
        the TRICARE program.
            (3) A description of the exceptions adopted under 
        subsection (a)(2) of such section 1097c to the requirements 
        under such section 1097c, and an assessment of the effect of 
        the exercise of any exceptions adopted on the administration of 
        such section 1097c.
            (4) An assessment of the extent to which the Department 
        collects and assembles data on the treatment of employees 
        eligible for participation in the TRICARE program in comparison 
        with similar employees who are not eligible for participation 
        in that program.
            (5) A description of the outreach conducted by the 
        Department to inform individuals eligible for participation in 
        the TRICARE program and employers of their respective rights 
        and responsibilities under such section 1097c, and an 
        assessment of the effectiveness of any outreach so conducted.
            (6) Such other matters with respect to the administration 
        and effectiveness of the authorities in such section 1097c as 
        the Comptroller General considers appropriate.

                 Subtitle B--Other Health Care Benefits

SEC. 711. MENTAL HEALTH ASSESSMENTS FOR MEMBERS OF THE ARMED FORCES 
              DEPLOYED IN CONNECTION WITH A CONTINGENCY OPERATION.

    (a) Mental Health Assessments.--
            (1) In general.--Not later than 180 days after the date of 
        the enactment of this Act, the Secretary of Defense shall issue 
        guidance for the provision of a person-to-person mental health 
        assessment for each member of the Armed Forces who is deployed 
        in connection with a contingency operation as follows:
                    (A) At a time during the period beginning 60 days 
                before the date of deployment in connection with the 
                contingency operation.
                    (B) At a time during the period beginning 90 days 
                after the date of redeployment from the contingency 
                operation and ending 180 days after the date of 
                redeployment from the contingency operation.
                    (C) Subject to subsection (d), not later than each 
                of 6 months, 12 months, and 24 months after return from 
                deployment.
            (2) Exclusion of certain members.--A mental health 
        assessment is not required for a member of the Armed Forces 
        under subparagraphs (B) and (C) of paragraph (1) if the 
        Secretary determines that the member was not subjected or 
        exposed to operational risk factors during deployment in the 
        contingency operation concerned.
    (b) Purpose.--The purpose of the mental health assessments provided 
pursuant to this section shall be to identify Post Traumatic Stress 
Disorder (PTSD), suicidal tendencies, and other behavioral health 
issues identified among members of the Armed Forces described in 
subsection (a) in order to determine which such members are in need of 
additional care and treatment for such health issues.
    (c) Elements.--
            (1) In general.--The mental health assessments provided 
        pursuant to this section shall--
                    (A) be performed by personnel trained and certified 
                to perform such assessments and may be performed by 
                licensed mental health professionals if such 
                professionals are available and the use of such 
                professionals for the assessments would not impair the 
                capacity of such professionals to perform higher 
                priority tasks;
                    (B) include a person-to-person dialogue between 
                members of the Armed Forces described in subsection (a) 
                and the professionals or personnel described by 
                paragraph (1), as applicable, on such matters as the 
                Secretary shall specify in order that the assessments 
                achieve the purpose specified in subsection (b) for 
                such assessments;
                    (C) be conducted in a private setting to foster 
                trust and openness in discussing sensitive health 
                concerns; and
                    (D) be provided in a consistent manner across the 
                military departments.
            (2) Treatment of current assessments.--The Secretary may 
        treat periodic health assessments and other person-to-person 
        assessments that are provided to members of the Armed Forces as 
        of the date of the enactment of this Act as meeting the 
        requirements for mental health assessments required under this 
        section if the Secretary determines that such assessments and 
        person-to-person assessments meet the requirements for mental 
        health assessments established by this section.
    (d) Cessation of Assessments.--No mental health assessment is 
required to be provided to an individual under subsection (a)(1)(C) 
after the individual's discharge or release from the Armed Forces.
    (e) Sharing of Information.--
            (1) In general.--The Secretary of Defense shall share with 
        the Secretary of Veterans Affairs such information on members 
        of the Armed Forces that is derived from confidential mental 
        health assessments, including mental health assessments 
        provided pursuant to this section and health assessments and 
        other person-to-person assessments provided before the date of 
        the enactment of this Act, as the Secretary of Defense and the 
        Secretary of Veterans Affairs jointly consider appropriate to 
        ensure continuity of mental health care and treatment of 
        members of the Armed Forces during their transition from health 
        care and treatment provided by the Department of Defense to 
        health care and treatment provided by the Department of 
        Veterans Affairs.
            (2) Protocols.--Any sharing of information under paragraph 
        (1) shall occur pursuant to a protocol jointly established by 
        the Secretary of Defense and the Secretary of Veterans Affairs 
        for purposes of this subsection. Any such protocol shall be 
        consistent with the following:
                    (A) Applicable provisions of the Wounded Warrior 
                Act (title XVI of Public Law 110-181; 10 U.S.C. 1071 
                note), including in particular, section 1614 of that 
                Act (122 Stat. 443; 10 U.S.C. 1071 note).
                    (B) Section 1720F of title 38, United States Code.
    (f) Contingency Operation Defined.--In this section, the term 
``contingency operation'' has the meaning given that term in section 
101(a)(13) of title 10, United States Code.
    (g) Reports.--
            (1) Report on guidance.--Upon the issuance of the guidance 
        required by subsection (a), the Secretary of Defense shall 
        submit to Congress a report describing the guidance.
            (2) Reports on implementation of guidance.--
                    (A) Initial report.--Not later than 270 days after 
                the date of the issuance of the guidance, the Secretary 
                shall submit to Congress an initial report on the 
                implementation of the guidance by the military 
                departments.
                    (B) Subsequent report.--Not later than two years 
                after the date of the issuance of the guidance, the 
                Secretary shall submit to Congress a report on the 
                implementation of the guidance by the military 
                departments. The report shall include an evidence based 
                assessment of the effectiveness of the mental health 
                assessments provided pursuant to the guidance in 
                achieving the purpose specified in subsection (b) for 
                such assessments.

SEC. 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.

    Section 1145(a) of title 10, United States Code, is amended--
            (1) in paragraph (1)--
                    (A) in the matter preceding subparagraph (A), by 
                striking ``paragraph (3)'' and inserting ``paragraph 
                (4)''; and
                    (B) in subparagraph (A), by inserting ``except as 
                provided in paragraph (3),'' before ``medical and 
                dental care'';
            (2) by redesignating paragraphs (3), (4), (5), and (6) as 
        paragraphs (4), (5), (6), and (7), respectively;
            (3) by inserting after paragraph (2) the following new 
        paragraph (3):
    ``(3) In the case of a member described in paragraph (2)(B), the 
dental care to which the member is entitled under this subsection shall 
be the dental care to which a member of the uniformed services on 
active duty for more than 30 days is entitled under section 1074 of 
this title.''; and
            (4) in subparagraph (A) of paragraph (6), as redesignated 
        by paragraph (2) of this section, by striking ``paragraph (4)'' 
        and inserting ``paragraph (5)''.

                 Subtitle C--Health Care Administration

SEC. 721. COMPREHENSIVE POLICY ON PAIN MANAGEMENT BY THE MILITARY 
              HEALTH CARE SYSTEM.

    (a) Comprehensive Policy Required.--Not later than October 1, 2010, 
the Secretary of Defense shall develop and implement a comprehensive 
policy on pain management by the military health care system.
    (b) Scope of Policy.--The policy required by subsection (a) shall 
cover each of the following:
            (1) The management of acute and chronic pain.
            (2) The standard of care for pain management to be used 
        throughout the Department.
            (3) The consistent application of pain assessments 
        throughout the Department.
            (4) The assurance of prompt and appropriate pain care 
        treatment and management by the Department when medically 
        necessary.
            (5) Programs of research related to acute and chronic pain, 
        including pain attributable to central and peripheral nervous 
        system damage characteristic of injuries incurred in modern 
        warfare, brain injuries, and chronic migraine headache.
            (6) Programs of pain care education and training for health 
        care personnel of the Department.
            (7) Programs of patient education for members suffering 
        from acute or chronic pain and their families.
    (c) Updates.--The Secretary shall revise the policy required by 
subsection (a) on a periodic basis in accordance with experience and 
evolving best practice guidelines.
    (d) Annual Report.--
            (1) In general.--Not later than 180 days after the date of 
        the commencement of the implementation of the policy required 
        by subsection (a), and on October 1 each year thereafter 
        through 2018, the Secretary shall submit to the Committee on 
        Armed Services of the Senate and the Committee on Armed 
        Services of the House of Representatives a report on the 
        policy.
            (2) Elements.--Each report required by paragraph (1) shall 
        include the following:
                    (A) A description of the policy implemented under 
                subsection (a), and any revisions to such policy under 
                subsection (c).
                    (B) A description of the performance measures used 
                to determine the effectiveness of the policy in 
                improving pain care for beneficiaries enrolled in the 
                military health care system.
                    (C) An assessment of the adequacy of Department 
                pain management services based on a current survey of 
                patients managed in Department clinics.
                    (D) An assessment of the research projects of the 
                Department relevant to the treatment of the types of 
                acute and chronic pain suffered by members of the Armed 
                Forces and their families.
                    (E) An assessment of the training provided to 
                Department health care personnel with respect to the 
                diagnosis, treatment, and management of acute and 
                chronic pain.
                    (F) An assessment of the pain care education 
                programs of the Department.
                    (G) An assessment of the dissemination of 
                information on pain management to beneficiaries 
                enrolled in the military health care system.

SEC. 722. PLAN TO INCREASE THE BEHAVIORAL HEALTH CAPABILITIES OF THE 
              DEPARTMENT OF DEFENSE.

    (a) Plan Required.--
            (1) In general.--The Secretary of Defense shall develop and 
        implement a plan to significantly increase the number of 
        military and civilian behavioral health personnel of the 
        Department of Defense by September 30, 2013.
            (2) Elements.--The plan required by paragraph (1) may 
        include the following:
                    (A) The allocation of scholarships and financial 
                assistance under the Health Professions Scholarship and 
                Financial Assistance Program under subchapter I of 
                chapter 105 of title 10, United States Code, to 
                students pursuing advanced degrees in clinical 
                psychology and other behavioral health professions.
                    (B) The offering of accession and retention bonuses 
                for psychologists as authorized by section 620 of the 
                Duncan Hunter National Defense Authorization Act for 
                Fiscal Year 2009 (Public Law 110-417; 122 Stat. 4489).
                    (C) An expansion of the capacity for training 
                doctoral-level clinical psychologists at the Uniformed 
                Services University of the Health Sciences.
                    (D) An expansion of the capacity of the Department 
                of Defense for training masters-level clinical 
                psychologists and social workers with expertise in 
                deployment-related mental health disorders, such as 
                post traumatic stress disorder.
                    (E) The detail of commissioned officers of the 
                Armed Forces to accredited schools of psychology for 
                training leading to a doctoral degree in clinical 
                psychology or social work.
                    (F) The reassignment of military behavioral health 
                providers from administrative positions to clinical 
                positions in support of military units.
                    (G) The offering of civilian hiring incentives and 
                bonuses and the utilization of direct hiring authority 
                to increase the number of behavioral health personnel 
                of the Department of Defense.
                    (H) Such other mechanisms to increase the number of 
                behavioral health personnel of the Department of 
                Defense as the Secretary considers appropriate.
            (3) Report.--Not later than January 31, 2010, the Secretary 
        shall submit to the congressional defense committees a report 
        on the plan required by paragraph (1). The report shall include 
        a comprehensive description of the plan and the actions the 
        Secretary proposes to undertake in the implementation of the 
        plan.
    (b) Report on Additional Officer or Enlisted Military Specialties 
for Behavioral Health Counselors.--
            (1) Report.--Not later than 120 days after the date of the 
        enactment of this Act, the Secretary shall submit to the 
        congressional defense committees a report setting forth the 
        assessment of the Secretary of the feasability and advisability 
        of establishing one or more military specialities for officers 
        or enlisted members of the Armed Forces as counselors with 
        behavioral health expertise in order to better meet the mental 
        health care needs of members of the Armed Forces and their 
        families.
            (2) Elements.--The report required by paragraph (1) shall 
        set forth the following:
                    (A) A recommendation as to the feasability and 
                advisability of establishing one or more military 
                specialities for officers or enlisted members of the 
                Armed Forces as counselors with behavioral health 
                expertise.
                    (B) For each military specialty recommended to be 
                established under subparagraph (A)--
                            (i) a description of the qualifications 
                        required for such speciality, which 
                        qualifications shall reflect lessons learned 
                        from best practices in academia and the 
                        civilian health care industry regarding 
                        positions analogous to such specialty; and
                            (ii) a description of the incentives or 
                        other mechanisms, if any, that would be 
                        advisable to facilitate recruitment and 
                        retention of individuals to and in such 
                        specialty.

SEC. 723. DEPARTMENT OF DEFENSE STUDY ON MANAGEMENT OF MEDICATIONS FOR 
              PHYSICALLY AND PSYCHOLOGICALLY WOUNDED MEMBERS OF THE 
              ARMED FORCES.

    (a) Study Required.--The Secretary of Defense shall conduct a study 
on the management of medications for physically and psychologically 
wounded members of the Armed Forces.
    (b) Elements.--The study required under subsection (a) shall 
include the following:
            (1) A review and assessment of current practices within the 
        Department of Defense for the management of medications for 
        physically and psychologically wounded members of the Armed 
        Forces.
            (2) A review and analysis of the published literature on 
        factors contributing to the risk of misadministration of 
        medications, including accidental and intentional overdoses, 
        under and over medication, and adverse interactions among 
        medications.
            (3) An identification of the medical conditions, and of the 
        patient management procedures of the Department of Defense, 
        that may increase the risks of misadministration of medications 
        in populations of members of the Armed Forces.
            (4) An assessment of current and best practices in the 
        Armed Forces, other departments and agencies of government, and 
        the private sector concerning the prescription, distribution, 
        and management of medications, and the associated coordination 
        of care.
            (5) An identification of means for decreasing the risks of 
        misadministration of medications and associated problems with 
        respect to physically and psychologically wounded members of 
        the Armed Forces.
    (c) Report.--Not later than April 1, 2010, the Secretary of Defense 
shall submit to the Committees on Armed Services of the Senate and the 
House of Representatives a report on the study required under 
subsection (a). The report shall include such findings and 
recommendations as the Secretary considers appropriate in light of the 
study.

                  Subtitle D--Wounded Warrior Matters

SEC. 731. REPORT ON COGNITIVE REHABILITATION FOR MEMBERS OF THE ARMED 
              FORCES WITH TRAUMATIC BRAIN INJURY.

    The Secretary of Defense shall submit to the Committees on Armed 
Services of the Senate and the House of Representatives a report 
setting forth the evidence to be required from a long term, integrated 
study on treatment strategies for cognitive rehabilitation for members 
of the Armed Forces who have sustained a Traumatic Brain Injury (TBI) 
in order to permit the Department of Defense to determine how receipt 
of cognitive rehabilitation by such members for Traumatic Brain Injury 
could be reimbursed as a health care benefit.

SEC. 732. DEPARTMENT OF DEFENSE TASK FORCE ON THE CARE, MANAGEMENT, AND 
              TRANSITION OF RECOVERING WOUNDED, ILL, AND INJURED 
              MEMBERS OF THE ARMED FORCES.

    (a) Establishment.--
            (1) In general.--The Secretary of Defense shall establish 
        within the Department of Defense a task force to be known as 
        the ``Department of Defense Task Force on the Care, Management, 
        and Transition of Recovering Wounded, Ill, and Injured Members 
        of the Armed Forces'' (in this section referred to as the 
        ``Task Force'').
            (2) Purpose.--The purpose of the Task Force shall be to 
        assess the effectiveness of the policies and programs developed 
        and implemented by the Department of Defense, and by each of 
        the military departments, to assist and support the care, 
        management, and transition of recovering wounded, ill, and 
        injured members of the Armed Forces, and to make 
        recommendations for the further improvement of such policies 
        and programs.
    (b) Composition.--
            (1) Members.--The Task Force shall consist of not more than 
        14 members, appointed by the Secretary of Defense from among 
        the individuals as described in paragraph (2).
            (2) Covered individuals.--The individuals appointed to the 
        Task Force shall include the following:
                    (A) At least one member of each of the regular 
                components of the Army, the Navy, the Air Force, and 
                the Marine Corps.
                    (B) One member of the National Guard.
                    (C) One member of a reserve component of the Armed 
                Forces other than National Guard.
                    (D) A number of persons from outside the Department 
                of Defense equal to the total number of personnel from 
                within the Department of Defense (whether members of 
                the Armed Forces or civilian personnel) who are 
                appointed to the Task Force.
                    (E) Persons who have experience in--
                            (i) medical care and coordination for 
                        wounded, ill, and injured members of the Armed 
                        Forces;
                            (ii) medical case management;
                            (iii) non-medical case management;
                            (iv) the disability evaluation process for 
                        members of the Armed Forces;
                            (v) veterans benefits;
                            (vi) treatment of traumatic brain injury 
                        and post traumatic stress disorder;
                            (vii) family support;
                            (viii) medical research;
                            (ix) vocational rehabilitation; or
                            (x) disability benefits.
                    (F) At least one family member of a wounded, ill, 
                or injured member of the Armed Forces or veteran who 
                has experience working with wounded, ill, and injured 
                members of the Armed Forces or their families.
            (3) Individuals appointed from within department of 
        defense.--At least one of the individuals appointed to the Task 
        Force from within the Department of Defense shall be the 
        surgeon general of an Armed Force.
            (4) Individuals appointed from outside department of 
        defense.--The individuals appointed to the Task Force from 
        outside the Department of Defense--
                    (A) with the concurrence of the Secretary of 
                Veterans Affairs, shall include an officer or employee 
                of the Department of Veterans Affairs; and
                    (B) may include individuals from other departments 
                or agencies of the Federal Government, from State and 
                local agencies, or from the private sector.
            (5) Deadline for appointments.--All original appointments 
        to the Task Force shall be made not later than 120 days after 
        the date of the enactment of this Act.
            (6) Co-chairs.--There shall be two co-chairs of the Task 
        Force. One of the co-chairs shall be designated by the 
        Secretary of Defense at the time of appointment from among the 
        individuals appointed to the Task Force from within the 
        Department of Defense. The other co-chair shall be selected 
        from among the individuals appointed from outside the 
        Department of Defense by those individuals.
    (c) Report Required.--
            (1) In general.--Not later than 12 months after the date on 
        which all members of the Task Force have been appointed, the 
        Task Force shall submit to the Secretary of Defense a report. 
        The report shall include the following:
                    (A) The findings and conclusions of the Task Force 
                as a result of its assessment of the effectiveness of 
                the policies and programs developed and implemented by 
                the Department of Defense, and by each of the military 
                departments, to assist and support the care, 
                management, and transition of recovering wounded, ill, 
                and injured members of the Armed Forces.
                    (B) A description of various ways in which the 
                Department of Defense and the military departments 
                could more effectively address matters relating to the 
                care, management, and transition of recovering wounded, 
                ill, and injured members of the Armed Forces, including 
                members of the regular components, and members of the 
                reserve components, and support for their families.
                    (C) Such recommendations for other legislative or 
                administrative action as the Task Force considers 
                appropriate for measures to improve the policies and 
                programs described in subparagraph (A).
            (2) Methodology.--For purposes of the report, the Task 
        Force--
                    (A) shall conduct site visits and interviews as the 
                Task Force considers appropriate;
                    (B) may consider the findings and recommendations 
                of previous reviews and evaluations of the care, 
                management, and transition of recovering wounded, ill, 
                and injured members of the Armed Forces; and
                    (C) may utilize such other means for directly 
                obtaining information relating to the care, management, 
                and transition of recovering wounded, ill, and injured 
                members of the Armed Forces as the Task Force considers 
                appropriate.
            (3) Matters to be reviewed and assessed.--For purposes of 
        the report, the Task Force shall review and assess the 
        following:
                    (A) Case management, including the numbers and 
                types of case managers (including Federal Recovery 
                Coordinators, Recovery Care Coordinators, National 
                Guard or Reserve case managers, and other case 
                managers) assigned to recovering wounded, ill, and 
                injured members of the Armed Forces, the training 
                provided such case mangers, and the effectiveness of 
                such case mangers in providing care and support to 
                recovering wounded, ill, and injured members of the 
                Armed Forces.
                    (B) The effectiveness of the Interagency Program 
                Office in achieving fully interoperable electronic 
                health records by September 30, 2009, in accordance 
                with section 1635 of the Wounded Warrior Act (10 U.S.C. 
                1071 note).
                    (C) Staffing of Army Warrior Transition Units, 
                Marine Corps Wounded Warrior Regiments, Navy and Air 
                Force Medical Hold or Medical Holdover Units, and other 
                service-related programs or units for recovering 
                wounded, ill, and injured members of the Armed Forces, 
                including the use of applicable hiring authorities to 
                ensure the proper staffing of such programs and units.
                    (D) The legal support available to recovering 
                wounded, ill, and injured members of the Armed Forces 
                and their families.
                    (E) The support and assistance provided to 
                recovering wounded, ill, and injured members of the 
                Armed Forces as they progress through the military 
                disability evaluation system.
                    (F) The effectiveness of any measures under pilot 
                programs to improve or enhance the military disability 
                evaluation system.
                    (G) The effectiveness of the Senior Oversight 
                Committee in facilitating and overseeing collaboration 
                between the Department of Defense and the Department of 
                Veterans Affairs on matters relating to the care, 
                management, and transition of recovering wounded, ill, 
                and injured members of the Armed Forces.
                    (H) The establishment and effectiveness of the 
                Defense Centers of Excellence for Psychological Health 
                and Traumatic Brain Injury, and the centers of 
                excellence for military eye injuries, hearing loss and 
                auditory system injuries, and traumatic extremity 
                injuries and amputations.
                    (I) The establishment and effectiveness of 
                performance and accountability standards for warrior 
                transition units and programs.
                    (J) The support available to family caregivers of 
                recovering wounded, ill, and injured members of the 
                Armed Forces.
                    (K) The availability of vocational training for 
                recovering wounded, ill, and injured members of the 
                Armed Forces seeking to transition to civilian life.
                    (L) The availability of services for traumatic 
                brain injury and post traumatic stress disorder.
                    (M) The support systems in place to ease the 
                transition of recovering wounded, ill, and injured 
                members of the Armed Forces from the Department of 
                Defense to the Department of Veterans Affairs.
                    (N) The effectiveness of wounded warrior 
                information resources, including the Wounded Warrior 
                Resource Center, the National Resource Directory, 
                Military OneSource, Family Assistance Centers, and 
                Service hotlines, in providing meaningful information 
                for recovering wounded, ill, and injured members of the 
                Armed Forces.
                    (O) Interagency matters affecting recovering 
                wounded, ill, and injured members of the Armed Forces 
                in their transition to civilian life.
                    (P) Overall coordination between the Department of 
                Defense and the Department of Veterans Affairs on the 
                matters specified in this paragraph.
                    (Q) Such other matters as the Task Force considers 
                appropriate in connection with the care, management, 
                and transition of recovering wounded, ill, and injured 
                members of the Armed Forces.
            (4) Transmittal.--Not later than 90 days after receipt of 
        the report required by paragraph (1) the Secretary of Defense 
        shall transmit the report, together with the Secretary's 
        evaluation of the report, to the Committees on Armed Services 
        of the Senate and the House of Representatives.
    (d) Plan Required.--Not later than six months after the receipt 
under subsection (c) of the report of the Task Force under that 
subsection, the Secretary of Defense shall, in consultation with the 
Secretaries of the military departments, submit to the Committees on 
Armed Services of the Senate and the House of Representatives a plan to 
implement the recommendations of the Task Force as included in the 
report of the Task Force under subsection (c).
    (e) Administrative Matters.--
            (1) Compensation.--Each member of the Task Force who is a 
        member of the Armed Forces or a civilian officer or employee of 
        the United States shall serve on the Task Force without 
        compensation (other than compensation to which entitled as a 
        member of the Armed Forces or an officer or employee of the 
        United States, as the case may be). Other members of the Task 
        Force shall be appointed in accordance with, and subject to, 
        the provisions of section 3161 of title 5, United States Code.
            (2) Oversight.--The Under Secretary of Defense for 
        Personnel and Readiness shall oversee the Task Force. The 
        Washington Headquarters Services of the Department of Defense 
        shall provide the Task Force with personnel, facilities, and 
        other administrative support as necessary for the performance 
        of the duties of the Task Force.
            (3) Visits to military facilities.--Any visit by the Task 
        Force to a military installation or facility shall be 
        undertaken through the Deputy Under Secretary of Defense for 
        Personnel and Readiness, in coordination with the Secretaries 
        of the military departments.
    (f) Termination.--The Task Force shall terminate 90 days after the 
date on which the Task Force submits to the Secretary of Defense the 
report of the Task Force under subsection (c).

  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.

    (a) Contract Authority.--
            (1) In general.--Chapter 139 of title 10, United States 
        Code, is amended by inserting after section 2359b the following 
        new section:
``Sec. 2359c. Contract authority for advanced development of prototype 
              units
    ``(a) Authority.--A contract initially awarded from the competitive 
selection of a proposal resulting from a broad agency announcement 
pursuant to section 2302(2)(B) of this title may contain a contract 
line item or an option, including not-to-exceed prices, for either of 
the following:
            ``(1) The delivery of a specified number of prototype items 
        to demonstrate technology developed under the contract.
            ``(2) The provision, for a specified period of time, of 
        advanced component development effort or effort to prototype 
        technology developed under the contract.
    ``(b) Limitations.--(1) The number of prototype items specified 
pursuant to subsection (a)(1) may not exceed the minimum number 
required to ensure that research and development work can continue 
without interruption during the solicitation and award of a follow-on 
competitive contract.
    ``(2) The period of time specified under subsection (a)(2) may not 
exceed 12 months.
    ``(3) The dollar value of the work to be performed pursuant to a 
contract line item or option under subsection (a) may not exceed the 
lesser of the amounts as follows:
            ``(A) The amount that is three times the dollar value of 
        the work previously performed under the contract.
            ``(B) $20,000,000.''.
            (2) Clerical amendment.--The table of sections at the 
        beginning of chapter 139 of such title is amended by inserting 
        after the item relating to section 2359b the following new 
        item:

``2359c. Contract authority for advanced development of prototype 
                            units.''.
    (b) Sunset.--
            (1) In general.--Effective on the date that is five years 
        after the date of the enactment of this Act--
                    (A) section 2359c of title 10, United States Code 
                (as added by subsection (a)), is repealed; and
                    (B) the table of sections at the beginning of 
                chapter 139 of such title (as amended by subsection 
                (a)) is further amended by striking the item relating 
                to section 2359c.
            (2) Continuation of line items and options.--The repeal of 
        section 2359c of title 10, United States Code (as so added), by 
        paragraph (1) shall not affect the authority of the Department 
        of Defense to exercise any contract line item or option 
        included in a contract under the authority of such section 
        before the effective date of the repeal of such section under 
        paragraph (1).
    (c) Report.--Not later than three years after the date of the 
enactment of this Act, the Secretary of Defense shall submit to the 
congressional defense committees a report on the use of the authority 
provided by section 2359c of title 10, United States Code (as added by 
subsection (a)). The report shall, at a minimum--
            (1) identify the number of times the authority in section 
        2359c of title 10, United States Code (as so added), has been 
        used by each military department and Defense Agency, and the 
        dollar amount of contract line items or options exercised 
        pursuant to such authority;
            (2) assess the effectiveness of the authority in promoting 
        the maturation of technologies and in addressing potential gaps 
        between science and technology projects and acquisition 
        programs;
            (3) assess any potential anti-competitive impacts resulting 
        from the use of the authority; and
            (4) make such recommendations as the Secretary considers 
        appropriate.

SEC. 802. JUSTIFICATION AND APPROVAL OF SOLE-SOURCE CONTRACTS.

    (a) In General.--Not later than 180 days after the date of the 
enactment of this Act, the Secretary of Defense shall modify the 
Department of Defense Supplement to the Federal Acquisition Regulation 
to provide that the head of an agency may not award a sole-source 
contract for an amount exceeding $20,000,000 unless--
            (1) the contracting officer for the contract justifies the 
        use of a sole-source contract in writing; and
            (2) the justification is approved by an official designated 
        in section 2304(f)(1)(B) of title 10, United States Code, to 
        approve contract awards for dollar amounts that are comparable 
        to the amount of the sole-source contract.
    (b) Elements of Justification.--The justification of a sole-source 
contract required pursuant to subsection (a) shall include the 
following:
            (1) A description of the needs of the agency concerned for 
        the matters covered by the contract.
            (2) A specification of the statutory provision providing 
        the exception from the requirement to use competitive 
        procedures in entering into the contract.
            (3) A determination that the use of a sole-source contract 
        is in the best interest of the Department of Defense.
            (4) A determination that the anticipated cost of the 
        contract will be fair and reasonable.
            (5) Such other matters as the Secretary shall specify for 
        purposes of this section.
    (c) Construction With Competition in Contracting Act 
Requirements.--In the case of any contract for which a justification 
and approval is required under section 2304(f) of title 10, United 
States Code, a justification and approval meeting the requirements of 
such section may be treated as meeting the requirements of this section 
for purposes of the award of a sole-source contract.

             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.

    (a) In General.--Section 2445d of title 10, United States Code, is 
amended by striking ``of this title'' and all that follows and 
inserting ``of this title, the Secretary may designate the program to 
be treated only as a major automated information system program covered 
by this chapter or to be treated only as a major defense acquisition 
program covered by such chapter 144.''.
    (b) Guidance Required.--Not later than 180 days after the date of 
the enactment of this Act, the Secretary of Defense shall issue 
guidance on the implementation of section 2445d of title 10, United 
States Code (as amended by subsection (a)). The guidance shall provide 
that, as a general rule--
            (1) a program covered by such section that requires the 
        development of customized hardware shall be treated only as a 
        major defense acquisition program under chapter 144 of title 
        10, United States Code; and
            (2) a program covered by such section that does not require 
        the development of customized hardware shall be treated only as 
        a major automated information system program under chapter 144A 
        of title 10, United States Code.

SEC. 812. FUNDING OF DEPARTMENT OF DEFENSE ACQUISITION WORKFORCE 
              DEVELOPMENT FUND.

    (a) Additional Element of Fund.--Subsection (d) of section 1705 of 
title 10, United States Code, is amended--
            (1) in paragraph (1)--
                    (A) by redesignating subparagraph (B) as 
                subparagraph (C); and
                    (B) by inserting after subparagraph (A) the 
                following new subparagraph (B):
                    ``(B) Amounts transferred to the Fund pursuant to 
                paragraph (3).''; and
            (2) by adding at the end the following new paragraph:
            ``(3) Transfer of certain unobligated balances.--To the 
        extent provided in appropriations Acts, the Secretary of 
        Defense may, during the 24-month period following the 
        expiration of availability for obligation of any appropriations 
        made to the Department of Defense for procurement, research, 
        development, test, and evaluation, or operation and 
        maintenance, transfer to the Fund any unobligated balance of 
        such appropriations. Any amount so transferred shall be 
        credited to the Fund.''.
    (b) Nature of Expended Amounts Providing Basis for Credit to 
Fund.--Subparagraph (A) of paragraph (2) of such subsection is amended 
by striking ``, other than'' and all that follows and inserting ``from 
amounts available for operation and maintenance.''.
    (c) Remittances.--Subparagraph (B) of paragraph (2) of such 
subsection is amended by inserting ``, from amounts available to such 
military department or Defense Agency, as the case may be, for 
operation and maintenance,'' after ``remit to the Secretary of 
Defense''.
    (d) Additional Matters Relating to Remittances.--Such subsection is 
further amended--
            (1) in paragraph (2)(B), by striking ``Not later than'' and 
        inserting ``Subject to paragraph (4), not later than''; and
            (2) by adding at the end the following new paragraph:
            ``(4) Additional requirements and limitations on 
        remittances.--(A) In the event amounts are transferred to the 
        Fund during a fiscal year pursuant to paragraph (1)(B) or 
        appropriated to the Fund for a fiscal year pursuant to 
        paragraph (1)(C), the aggregate amount otherwise required to be 
        remitted to the Fund for that fiscal year pursuant to paragraph 
        (2)(B) shall be reduced by the amount equal to the amounts so 
        transferred or appropriated to the Fund during or for that 
        fiscal year. Any reduction in the aggregate amount required to 
        be remitted to the Fund for a fiscal year under this 
        subparagraph shall be allocated as provided in applicable 
        provisions of appropriations Acts or, absent such provisions, 
        on a pro rata basis among the military departments and Defense 
        Agencies required to make remittances to the Fund for that 
        fiscal year under paragraph (2)(B).
            ``(B) Any remittance of amounts to the Fund for a fiscal 
        year under paragraph (2) shall be subject to the availability 
        of appropriations for that purpose.''.
    (e) Remittance Amounts.--Paragraph (2) of such subsection is 
further amended by striking subparagraphs (C) and (D) and inserting the 
following new subparagraphs:
            ``(C) For purposes of this paragraph, the applicable 
        percentage for a fiscal year is the percentage that results in 
        the credit to the Fund in such fiscal year of an amount as 
        follows:
                    ``(i) For fiscal year 2010, $570,000,000.
                    ``(ii) For fiscal year 2011, $770,000,000.
                    ``(iii) For fiscal year 2012, $900,000,000.
                    ``(iv) For fiscal year 2013, $1,180,000,000.
                    ``(v) For fiscal year 2014, $1,330,000,000.
                    ``(vi) For fiscal year 2015, $1,470,000,000.
            ``(D) The Secretary of Defense may reduce a percentage 
        specified in subparagraph (C) for a fiscal year if the 
        Secretary determines that the application of such percentage 
        would result in the crediting to the Fund in such fiscal year 
        of an amount greater than is reasonably needed for purposes of 
        the Fund. The percentage for a fiscal year, as so reduced, may 
        not be a percentage that will result in the credit to the Fund 
        in such fiscal year of an amount that is less than 80 percent 
        of the amount otherwise specified in subparagraph (C) for such 
        fiscal year.''.
    (f) Clarification of Limitation on Pay of Base Salary of Current 
Employees.--Subsection (e)(5) of such section is amended by striking 
``as of the date of the enactment of the National Defense Authorization 
Act for Fiscal Year 2008'' and inserting ``serving in a position in the 
acquisition workforce as of January 28, 2008''.
    (g) Technical Amendments.--
            (1) Subsection (a) of such section is amended by inserting 
        ``Development'' after ``Workforce''.
            (2) Subsection (f) of such section is amended in the matter 
        preceding paragraph (1) by striking ``beginning with fiscal 
        year 2008''.
    (h) Effective Dates.--
            (1) Funding amendments.--The amendments made by subsections 
        (a) through (e) shall take effect on October 1, 2009.
            (2) Technical amendments.--The amendments made by 
        subsections (f) and (g) shall take effect on the date of the 
        enactment of this Act.

SEC. 813. ENHANCEMENT OF EXPEDITED HIRING AUTHORITY FOR DEFENSE 
              ACQUISITION WORKFORCE POSITIONS.

    (a) In General.--Paragraph (1) of section 1705(h) of title 10, 
United States Code, is amended--
            (1) in subparagraph (A), by striking ``acquisition 
        positions within the Department of Defense as shortage category 
        position'' and inserting ``acquisition workforce positions as 
        positions for which there exists a shortage of candidates or 
        there is a critical hiring need''; and
            (2) in subparagraph (B), by striking ``highly qualified'' 
        and inserting ``appropriately qualified''.
    (b) Extension.--Paragraph (2) of such section is amended by 
striking ``September 30, 2012'' and inserting ``September 30, 2015''.
    (c) Technical Amendment.--Paragraph (1) of such section is further 
amended by striking ``United States Code,'' in the matter preceding 
subparagraph (A).

SEC. 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.

    Section 801(b) of the National Defense Authorization Act for Fiscal 
Year 2008 (10 U.S.C. 2304 note) is amended by adding at the end the 
following new paragraph:
            ``(3) Treatment of procurements under joint programs.--For 
        purposes of this subsection, a contract entered by a non-
        defense agency for the performance of a joint program conducted 
        to meet the needs of the Department of Defense and the non-
        defense agency shall not be considered a procurement of 
        property or services for the Department of Defense through a 
        non-defense agency.''.

SEC. 815. COMPTROLLER GENERAL OF THE UNITED STATES REPORT ON TRAINING 
              OF ACQUISITION AND AUDIT PERSONNEL OF THE DEPARTMENT OF 
              DEFENSE.

    (a) Report Required.--Not later than one year after the date of the 
enactment of this Act, the Comptroller General of the United States 
shall submit to the congressional defense committees a report setting 
forth an assessment of the efficacy of Department of Defense training 
for acquisition and audit personnel of the Department of Defense.
    (b) Elements.--The report required by subsection (a) shall include, 
at a minimum, the following:
            (1) An assessment of the nature and efficacy of training 
        (including training materials and methods) required for 
        acquisition and audit personnel of the Department of Defense.
            (2) An assessment of the timeliness and manner in which the 
        Department of Defense provides training for such personnel.
            (3) An assessment of the extent to which such training 
        reaches appropriate acquisition personnel, including personnel 
        outside the acquisition workforce who exercise significant 
        acquisition responsibilities.
            (4) An assessment of the extent to which each of the 
        Department of Defense and the Department of the Army have 
        implemented the recommendations of the Commission on Army 
        Acquisition and Program Management in Expeditionary Operations 
        relating to training of acquisition personnel.
            (5) Such recommendations as the Comptroller General 
        considers appropriate regarding training of acquisition and 
        audit personnel of the Department of Defense, including 
        recommendations regarding best practices and objectives for 
        improved training of such acquisition and audit personnel.

                     Subtitle C--Contractor Matters

SEC. 821. AUTHORITY FOR GOVERNMENT SUPPORT CONTRACTORS TO HAVE ACCESS 
              TO TECHNICAL DATA BELONGING TO PRIME CONTRACTORS.

    (a) Authority.--
            (1) Access to technical data.--Subsection (c) of section 
        2320 of title 10, United States Code, is amended--
                    (A) in paragraph (1), by striking ``or'' at the 
                end;
                    (B) by redesignating paragraph (2) as paragraph 
                (3); and
                    (C) by inserting after paragraph (1) the following 
                new paragraph (2):
            ``(2) notwithstanding any limitation upon the license 
        rights conveyed under subsection (a), allowing a covered 
        Government support contractor access to and use of any 
        technical data delivered under a contract for the sole purpose 
        of furnishing independent and impartial advice or technical 
        assistance directly to the Government in support of the 
        Government's management and oversight of the program or effort 
        to which such technical data relates; or''.
            (2) Covered government support contractor defined.--Such 
        section is further amended by adding at the end the following 
        new subsection:
    ``(f) In this section, the term `covered Government support 
contractor' means a contractor under a contract the primary purpose of 
which is to furnish independent and impartial advice or technical 
assistance directly to the Government in support of the Government's 
management and oversight of a program or effort (rather than to 
directly furnish an end item or service to accomplish a program or 
effort), which contractor--
            ``(1) is not affiliated with the prime contractor or a 
        first-tier subcontractor on the program or effort, or with any 
        direct competitor of such prime contractor or any such first-
        tier subcontractor in furnishing end items or services of the 
        type developed or produced on the program or effort; and
            ``(2) executes a contract with the Government agreeing to 
        and acknowledging--
                    ``(A) that proprietary or nonpublic technical data 
                furnished will be accessed and used only for the 
                purposes stated in that contract;
                    ``(B) that a breach of that contract by the covered 
                Government support contractor with regard to a third 
                party's ownership or rights in such technical data may 
                subject the covered Government support contractor--
                            ``(i) to criminal, civil, administrative, 
                        and contractual actions in law and equity for 
                        penalties, damages, and other appropriate 
                        remedies by the United States; and
                            ``(ii) to civil actions for damages and 
                        other appropriate remedies by the contractor or 
                        subcontractor whose technical data is affected 
                        by the breach;
                    ``(C) that such technical data provided to the 
                covered Government support contractor under the 
                authority of this section shall not be used by the 
                covered Government support contractor to compete 
                against the third party for Government or non-
                Government contracts; and
                    ``(D) that any breach of the nondisclosure 
                obligations under subparagraphs (A) through (C) may 
                constitute a violation of section 1905 of title 18.''.
    (b) Criminal Penalty.--Section 1905 of title 18, United States 
Code, is amended by inserting ``or being an officer, agent, or employee 
of a private sector organization having a contractual nondisclosure 
agreement under the authority of section 2320(f)(2) of title 10,'' 
after ``Antitrust Civil Process Act (15 U.S.C. 1311-1314),''.

SEC. 822. EXTENSION AND ENHANCEMENT OF AUTHORITIES ON THE COMMISSION ON 
              WARTIME CONTRACTING IN IRAQ AND AFGHANISTAN.

    (a) Date of Final Report.--Subsection (d)(3) of section 841 of the 
National Defense Authorization Act for Fiscal Year 2008 (Public Law 
110-181; 122 Stat. 230) is amended by striking ``two years'' and 
inserting ``three years''.
    (b) Assistance From Federal Agencies.--Such section is further 
amended--
            (1) by redesignating subsections (f) and (g) as subsections 
        (g) and (h), respectively; and
            (2) by inserting after subsection (e) the following new 
        subsection (f):
    ``(f) Assistance From Federal Agencies.--
            ``(1) Department of defense.--The Secretary of Defense 
        shall provide to the Commission administrative support for the 
        performance of the Commission's functions in carrying out the 
        requirements of this section.
            ``(2) Travel and lodging in combat theaters.--The 
        administrative support provided the Commission under paragraph 
        (1) shall include travel and lodging undertaken in combat 
        theaters, which support shall be provided on a non-reimbursable 
        basis.
            ``(3) Other departments and agencies.--In addition to the 
        support required by paragraph (1), any department or agency of 
        the Federal Government may provide to the Commission such 
        services, funds, facilities, staff, and other support services 
        for the performance of the Commission's functions as the head 
        of such department or agency considers advisable, or as may 
        otherwise be authorized by law.''.

SEC. 823. PROHIBITION ON INTERROGATION OF DETAINEES BY CONTRACTOR 
              PERSONNEL.

    (a) Regulations Required.--Effective as of the date that is one 
year after the date of the enactment of this Act, the Department of 
Defense manpower mix criteria and the Department of Defense Supplement 
to the Federal Acquisition Regulation shall be modified to provide the 
following:
            (1) That the interrogation of enemy prisoners of war, 
        civilian internees, retained persons, other detainees, 
        terrorists, and criminals when captured, transferred, confined, 
        or detained during or in the aftermath of hostilities is an 
        inherently governmental function and cannot be transferred to 
        contractor personnel.
            (2) That contractor personnel with proper training and 
        security clearances may be used as linguists, interpreters, 
        report writers, information technology technicians, and other 
        employees filling ancillary positions in interrogations of 
        persons as described in paragraph (1) if such personnel are 
        subject to the same rules, procedures, policies, and laws 
        pertaining to detainee operations and interrogations as apply 
        to government personnel in such positions in such 
        interrogations.
    (b) Discharge by Government Personnel.--The Secretary of Defense 
shall take appropriate actions to ensure that, by not later than one 
year after the date of the enactment of this Act, the Department of 
Defense has the resources needed to ensure that interrogations 
described in subsection (a)(1) are conducted by appropriately qualified 
government personnel.

                       Subtitle D--Other Matters

SEC. 831. ENHANCED AUTHORITY TO ACQUIRE PRODUCTS AND SERVICES PRODUCED 
              IN CENTRAL ASIA, PAKISTAN, AND THE SOUTH CAUCASUS.

    (a) In General.--In the case of a product or service to be acquired 
in support of military operations or stability operations (including 
security, transition, reconstruction, and humanitarian relief 
activities) in Afghanistan for which the Secretary of Defense makes a 
determination described in subsection (b), the Secretary may conduct a 
procurement in which--
            (1) competition is limited to products or services that are 
        from Central Asia, Pakistan, or the South Caucasus;
            (2) procedures other than competitive procedures are used 
        to award a contract to a particular source or sources from 
        Central Asia, Pakistan, or the South Caucasus; or
            (3) a preference is provided for products or services that 
        are from Central Asia, Pakistan, or the South Caucasus.
    (b) Determination.--A determination described in this subsection is 
a determination by the Secretary that--
            (1) the product or service concerned is to be used only by 
        military forces, police, or other security personnel of 
        Afghanistan; or
            (2) it is in the national security interest of the United 
        States to limit competition, use procedures other than 
        competitive procedures, or provide a preference as described in 
        subsection (a) because--
                    (A) such limitation, procedure, or preference is 
                necessary--
                            (i) to improve local market and 
                        transportation infrastructure in Central Asia, 
                        Pakistan, or the South Caucasus in order to 
                        reduce overall United States transportation 
                        costs and risks in shipping goods in support of 
                        operations in Afghanistan; or
                            (ii) to encourage states of Central Asia, 
                        Pakistan, or the South Caucasus to cooperate in 
                        expanding supply routes through their territory 
                        in support of operations in Afghanistan; and
                    (B) such limitation, procedure, or preference will 
                not adversely affect--
                            (i) operations in Afghanistan; or
                            (ii) the United States industrial base.
    (c) Products, Services, and Sources From Central Asia, Pakistan, or 
the South Caucasus.--For the purposes of this section:
            (1) A product is from the Central Asia, Pakistan, or the 
        South Caucasus if it is mined, produced, or manufactured in 
        Georgia, the Kyrgyz Republic, Pakistan, the Republic of 
        Armenia, the Republic of Azerbaijan, the Republic of 
        Kazakhstan, the Republic of Tajikistan, the Republic of 
        Uzbekistan, or Turkmenistan.
            (2) A service is from Central Asia, Pakistan, or the South 
        Caucasus if it is performed in Georgia, the Kyrgyz Republic, 
        Pakistan, the Republic of Armenia, the Republic of Azerbaijan, 
        the Republic of Kazakhstan, the Republic of Tajikistan, the 
        Republic of Uzbekistan, or Turkmenistan by citizens or 
        permanent resident aliens of Georgia, the Kyrgyz Republic, 
        Pakistan, the Republic of Armenia, the Republic of Azerbaijan, 
        the Republic of Kazakhstan, the Republic of Tajikistan, the 
        Republic of Uzbekistan, or Turkmenistan.
            (3) A source is from Central Asia, Pakistan, or the South 
        Caucasus if it--
                    (A) is located in Georgia, the Kyrgyz Republic, 
                Pakistan, the Republic of Armenia, the Republic of 
                Azerbaijan, the Republic of Kazakhstan, the Republic of 
                Tajikistan, the Republic of Uzbekistan, or 
                Turkmenistan; and
                    (B) offers products or services that are from 
                Georgia, the Kyrgyz Republic, Pakistan, the Republic of 
                Armenia, the Republic of Azerbaijan, the Republic of 
                Kazakhstan, the Republic of Tajikistan, the Republic of 
                Uzbekistan, or Turkmenistan.
    (d) Construction With Other Authority.--The authority in subsection 
(a) is in addition to the authority in section 886 of the National 
Defense Authorization Act for Fiscal Year 2008 (Public Law 110-181; 122 
Stat. 266; 10 U.S.C. 2302 note).
    (e) Annual Report.--
            (1) In general.--Not later than December 31 each year, the 
        Secretary shall submit to Congress a report on the exercise of 
        the authority in subsection (a) during the preceding fiscal 
        year.
            (2) Elements.--Each report under this subsection shall 
        include, for the fiscal year covered by such report, the 
        following:
                    (A) A statement of the number of occasions on which 
                the Secretary made a determination under subsection (a) 
                with respect to the exercise of the authority in 
                subsection (a), regardless of whether or not the 
                determination resulted in the exercise of such 
                authority.
                    (B) The total amount of all procurements pursuant 
                to the exercise of such authority, and the total amount 
                of procurements for each country with respect to which 
                such authority was exercised.
                    (C) A description and assessment of the extent to 
                which procurements pursuant to the exercise of such 
                authority furthered the national security interest of 
                the United States.
    (f) Sunset.--The authority in subsection (a) shall expire on the 
date that is three years after the date of the enactment of this Act.

SEC. 832. SMALL ARMS PRODUCTION INDUSTRIAL BASE MATTERS.

    (a) Authority to Modify Definition of ``Small Arms Production 
Industrial Base''.--Section 2473(c) of title 10, United States Code, is 
amended by inserting before the period at the end the following: ``, 
and any subsequent modifications to such list of firms pursuant to a 
review by the Secretary of Defense''.
    (b) Review of Small Arms Production Industrial Base.--
            (1) Review.--Not later than March 31, 2010, the Secretary 
        of Defense shall review and determine, based upon manufacturing 
        capability and capacity--
                    (A) whether any firms included in the small arms 
                production industrial base (as that term is defined in 
                section 2473(c) of title 10, United States Code) should 
                be eliminated or modified and whether any additional 
                firms should be included; and
                    (B) whether any of the small arms listed in section 
                2473(d) of title 10, United States Code, should be 
                eliminated from the list or modified on the list, and 
                whether any additional small arms should be included in 
                the list.
            (2) Report.--Not later than March 31, 2010, the Secretary 
        of Defense shall submit to the congressional defense committees 
        a report on the review conducted under this subsection, 
        including any recommendations for changes to the list 
        maintained pursuant to subsection (c) of section 2473(d) of 
        title 10, United States Code, or the list under subsection (d) 
        of such section.

SEC. 833. EXTENSION OF SBIR AND STTR PROGRAMS OF THE DEPARTMENT OF 
              DEFENSE.

    (a) SBIR Extension.--Section 9(m) of the Small Business Act (15 
U.S.C. 638(m)) is amended--
            (1) by striking ``The authorization'' and inserting the 
        following:
            ``(1) In general.--Except as provided in paragraph (2), the 
        authorization''; and
            (2) by adding at the end the following:
            ``(2) Exception for department of defense.--The Secretary 
        of Defense and the Secretary of each military department is 
        authorized to carry out the Small Business Innovation Research 
        Program of the Department of Defense until September 30, 
        2023.''.
    (b) STTR Reauthorization.--Section 9(n)(1)(A) of the Small Business 
Act (15 U.S.C. 638(n)(1)(A)) is amended--
            (1) by striking ``With respect'' and inserting the 
        following:
                            ``(i) Federal agencies generally.--Except 
                        as provided in clause (i), with respect''; and
            (2) by adding at the end the following:
                            ``(ii) Department of defense.--The 
                        Secretary of Defense and the Secretary of each 
                        military department shall carry out clause (i) 
                        with respect to each fiscal year through fiscal 
                        year 2023.''.
    (c) Effective Date.--The amendments made by this section shall take 
effect on July 30, 2009.

SEC. 834. EXPANSION AND PERMANENT AUTHORITY FOR SMALL BUSINESS 
              INNOVATION RESEARCH COMMERCIALIZATION PROGRAM.

    (a) Expansion To Include Small Business Technology Transfer 
Program.--Section 9(y) of the Small Business Act (15 U.S.C. 638(y)) is 
amended in paragraphs (1), (2), and (4) by inserting ``and the Small 
Business Technology Transfer Program'' after ``Small Business 
Innovation Research Program''.
    (b) Permanent Authority.--
            (1) In general.--Such section is further amended by 
        striking paragraph (6).
            (2) Conforming amendments.--Such section is further 
        amended--
                    (A) in the subsection heading, by striking 
                ``Pilot''; and
                    (B) by striking ``Pilot'' each place it appears.

SEC. 835. MEASURES TO ENSURE THE SAFETY OF FACILITIES, INFRASTRUCTURE, 
              AND EQUIPMENT FOR MILITARY OPERATIONS.

    (a) Policy.--It shall be the policy of the Department of Defense to 
incorporate generally accepted industry standards for the safety and 
health of personnel, to the maximum extent practicable, into 
requirements for facilities, infrastructure, and equipment that are 
intended for use by military or civilian personnel of the Department in 
current and future contingency operations.
    (b) Contracts.--Not later than 120 days after the date of the 
enactment of this Act, the Secretary of Defense shall submit to the 
congressional defense committees a report describing that actions that 
the Department of Defense has taken, or plans to take, to ensure that 
each contract or task or delivery order entered into for the 
construction, installation, repair, maintenance, or operation of 
facilities for use by military or civilian personnel of the Department 
in current and future contingency operations complies with the policy 
established in subsection (a).
    (c) Generally Accepted Industry Standards for Safety.--For the 
purposes of this section, generally accepted industry standards for the 
safety of personnel include--
            (1) appropriate standards with respect to fire protection 
        and structural integrity; and
            (2) standards with respect to electrical systems, water 
        treatment, and telecommunications networks.

SEC. 836. REPEAL OF REQUIREMENTS RELATING TO THE MILITARY SYSTEM 
              ESSENTIAL ITEM BREAKOUT LIST.

    Section 813 of the National Defense Authorization Act for Fiscal 
Year 2004 (Public Law 108-136; 117 Stat. 1543) is repealed.

SEC. 837. DEFENSE SCIENCE BOARD REPORT ON RARE EARTH MATERIALS IN THE 
              DEFENSE SUPPLY CHAIN.

    (a) Report Required.--Not later than one year after the date of the 
enactment of this Act, the Defense Science Board shall submit to the 
Committees on Armed Services of the Senate and the House of 
Representatives a report on the usage of rare earth materials in the 
supply chain of the Department of Defense.
    (b) Elements.--The report required by subsection (a) shall address, 
at a minimum, the following:
            (1) The current and projected domestic and world-wide 
        availability of rare earth materials for use by the Department 
        of Defense in its weapon systems.
            (2) The extent to which weapon systems acquired by the 
        Department of Defense are currently dependent on, or are 
        projected to become dependent on, rare earth materials supplied 
        by sources that could be interrupted.
            (3) The risk to national security, if any, of dependence on 
        such sources for rare earth materials.
            (4) Any steps that the Department of Defense has taken or 
        is planning to take to address any such risk to national 
        security.
            (5) Such recommendations for further action to address the 
        matters covered by the report as the Defense Science Board 
        considers appropriate.
    (c) Definitions.--In this section:
            (1) The term ``rare earth'' means the chemical elements in 
        the periodic table beginning with lanthanum and continuing to 
        lutetium, and any associated elements.
            (2) The term ``rare earth material'' includes rare earth 
        ores, semi-finished rare earth products, and components 
        containing rare earth materials.

      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.

    (a) Deputy Under Secretaries of Defense.--Chapter 4 of title 10, 
United States Code, is amended by adding after section 137 the 
following new section:
``Sec. 137a. Deputy Under Secretaries of Defense
    ``(a)(1) There are five Deputy Under Secretaries of Defense.
    ``(2)(A) The Deputy Under Secretaries of Defense referred to in 
paragraphs (1) through (3) of subsection (c) shall be appointed as 
provided in the applicable paragraph.
    ``(B) The Deputy Under Secretaries of Defense referred to in 
paragraphs (4) and (5) of subsection (c) shall be appointed from 
civilian life by the President, by and with the advice and consent of 
the Senate.
    ``(3) The five Deputy Under Secretaries of Defense authorized by 
this section are the only Deputy Under Secretaries of Defense.
    ``(b) Each Deputy Under Secretary of Defense shall be the first 
assistant to an Under Secretary of Defense and shall assist such Under 
Secretary in the performance of the duties of the position of such 
Under Secretary and shall act for, and exercise the powers of, such 
Under Secretary when such Under Secretary is absent or disabled.
    ``(c)(1) One of the Deputy Under Secretaries is the Principal 
Deputy Under Secretary of Defense for Acquisition, Technology, and 
Logistics appointed pursuant to section 133a of this title.
    ``(2) One of the Deputy Under Secretaries is the Principal Deputy 
Under Secretary of Defense for Policy appointed pursuant to section 
134a of this title.
    ``(3) One of the Deputy Under Secretaries is the Principal Deputy 
Under Secretary of Defense for Personnel and Readiness appointed 
pursuant to section 136a of this title.
    ``(4) One of the Deputy Under Secretaries shall be the Principal 
Deputy Under Secretary of Defense (Comptroller).
    ``(5) One of the Deputy Under Secretaries shall be the Principal 
Deputy Under Secretary of Defense for Intelligence.
    ``(d) The Deputy Under Secretaries of Defense take precedence in 
the Department of Defense after the Secretary of Defense, the Deputy 
Secretary of Defense, the Secretaries of the military departments, the 
Under Secretaries of Defense, and the Deputy Chief Management Officer 
of the Department of Defense.''.
    (b) Assistant Secretaries of Defense.--
            (1) Redesignation of deputy under secretary for logistics 
        and materiel readiness as assistant secretary.--Chapter 4 of 
        such title is further amended--
                    (A) by transferring section 133b to appear after 
                section 138 and redesignating such section, as so 
                transferred, as section 138a; and
                    (B) in such section, as so transferred and 
                redesignated, by striking ``Deputy Under Secretary'' 
                each place it appears and inserting ``Assistant 
                Secretary''.
            (2) Additional assistant secretaries.--Section 138 of such 
        title is amended--
                    (A) by striking subsection (a) and inserting the 
                following new subsection (a):
    ``(a)(1) There are 16 Assistant Secretaries of Defense.
    ``(2)(A) The Assistant Secretary of Defense referred to in 
subsection (b)(7) shall be appointed as provided in that subsection.
    ``(B) The other Assistant Secretaries of Defense shall be appointed 
from civilian life by the President, by and with the advice and consent 
of the Senate.''; and
                    (B) in subsection (b), by adding the following new 
                paragraphs:
    ``(6) One of the Assistant Secretaries shall be the Assistant 
Secretary of Defense for Acquisition. The Assistant Secretary of 
Defense for Acquisition is the principal adviser to the Secretary of 
Defense and the Under Secretary of Defense for Acquisition, Technology, 
and Logistics on matters relating to acquisition.
    ``(7) One of the Assistant Secretaries is the Assistant Secretary 
of Defense for Logistics and Materiel Readiness appointed pursuant to 
section 138a of this title. In addition to any duties and powers 
prescribed under paragraph (1), the Assistant Secretary of Defense for 
Logistics and Materiel Readiness shall have the duties specified in 
section 138a of this title.
    ``(8) One of the Assistant Secretaries shall be the Assistant 
Secretary of Defense for Installations and Environment. The Assistant 
Secretary of Defense for Installations and Environment is the principal 
adviser to the Secretary of Defense and the Under Secretary of Defense 
for Acquisition, Technology, and Logistics on matters relating to 
Department of Defense installations and environmental policy.
    ``(9) One of the Assistant Secretaries shall be the Assistant 
Secretary of Defense for Manufacturing and Industrial Base. The 
Assistant Secretary of Defense for Manufacturing and Industrial Base is 
the principal adviser to the Secretary of Defense and the Under 
Secretary of Defense for Acquisition, Technology, and Logistics on 
policies relating to the defense industrial base, carrying out the 
requirements of chapter 148 of this title, and executing the 
authorities provided by the Defense Production Act of 1950 (50 U.S.C. 
App. 2061 et seq.).
    ``(10) One of the Assistant Secretaries shall be the Assistant 
Secretary of Defense for Readiness. The Assistant Secretary of Defense 
for Readiness is the principal adviser to the Secretary of Defense and 
the Under Secretary of Defense for Personnel and Readiness on matters 
relating to military readiness.
    ``(11) One of the Assistant Secretaries shall be the Assistant 
Secretary of Defense for Strategy, Plans, and Forces. The Assistant 
Secretary of Defense for Strategy, Plans, and Forces is the principal 
adviser to the Secretary of Defense and the Under Secretary of Defense 
for Policy on matters relating to strategy, plans, and forces.''.
    (c) Conforming and Clerical Amendments.--
            (1) Conforming amendments.--
                    (A) Section 133a of such title is amended--
                            (i) by striking ``Deputy Under Secretary of 
                        Defense for Acquisition and Technology'' each 
                        place it appears and inserting ``Principal 
                        Deputy Under Secretary of Defense for 
                        Acquisition, Technology, and Logistics''; and
                            (ii) by striking ``duties relating to 
                        acquisition and technology'' and inserting 
                        ``duties''.
                    (B) Section 134a of such title is amended by 
                striking ``Deputy Under Secretary'' each place it 
                appears and inserting ``Principal Deputy Under 
                Secretary''.
                    (C) Section 134b of such title is repealed.
                    (D) Section 136a of such title is amended by 
                striking ``Deputy Under Secretary'' each place it 
                appears and inserting ``Principal Deputy Under 
                Secretary''.
            (2) Section heading amendments.--
                    (A) The heading of section 133a of such title is 
                amended to read as follows:
``Sec. 133a. Principal Deputy Under Secretary of Defense for 
              Acquisition, Technology, and Logistics''.
                    (B) The heading of section 134a of such title is 
                amended to read as follows:
``Sec. 134a. Principal Deputy Under Secretary of Defense for Policy''.
                    (C) The heading of section 136a of such title is 
                amended to read as follows:
``Sec. 136a. Principal Deputy Under Secretary of Defense for Personnel 
              and Readiness''.
                    (D) The heading of section 138a of such title, as 
                transferred and redesignated by subsection (b)(1) of 
                this section, is amended to read as follows:
``Sec. 138a. Assistant Secretary of Defense for Logistics and Materiel 
              Readiness''.
            (3) Clerical amendments.--The table of sections at the 
        beginning of chapter 4 of such title is amended--
                    (A) by striking the item relating to section 133a 
                and inserting the following new item:

``133a. Principal Deputy Under Secretary of Defense for Acquisition, 
                            Technology, and Logistics.'';
                    (B) by striking the items relating to sections 134a 
                and 134b and inserting the following new item:

``134a. Principal Deputy Under Secretary of Defense for Policy.'';
                    (C) by striking the item relating to section 136a 
                and inserting the following new item:

``136a. Principal Deputy Under Secretary of Defense for Personnel and 
                            Readiness.'';
                    (D) by inserting after the item relating to section 
                137 the following new item:

``137a. Deputy Under Secretaries of Defense.''; and
                    (E) by inserting after the item relating to section 
                138 the following new item:

``138a. Assistant Secretary of Defense for Logistics and Materiel 
                            Readiness.''.
    (d) Executive Schedule Matters.--
            (1) Level iii.--Section 5314 of title 5, United States 
        Code, is amended by striking the item relating to the Deputy 
        Under Secretary of Defense for Acquisition and Technology and 
        inserting the following new item:
            ``Principal Deputy Under Secretary of Defense for 
        Acquisition, Technology, and Logistics.''.
            (2) Level iv.--Section 5315 of such title is amended--
                    (A) by striking the item relating to the Assistant 
                Secretaries of Defense and inserting the following new 
                item:
            ``Assistant Secretaries of Defense (16).''; and
                    (B) by striking the items relating to the Deputy 
                Under Secretary of Defense for Policy, the Deputy Under 
                Secretary of Defense for Personnel and Readiness, and 
                the Deputy Under Secretary of Defense for Logistics and 
                Materiel Readiness and inserting the following new 
                items:
            ``Principal Deputy Under Secretary of Defense for Policy.
            ``Principal Deputy Under Secretary of Defense for Personnel 
        and Readiness.
            ``Principal Deputy Under Secretary of Defense 
        (Comptroller).
            ``Principal Deputy Under Secretary of Defense for 
        Intelligence.''.

SEC. 902. REPEAL OF CERTAIN LIMITATIONS ON PERSONNEL AND CONSOLIDATION 
              OF REPORTS ON MAJOR DEPARTMENT OF DEFENSE HEADQUARTERS 
              ACTIVITIES.

    (a) Repeal of Certain Limitations on Personnel Assigned to Major 
Headquarters Activities.--
            (1) Repeals.--The following provisions of law are repealed:
                    (A) Section 143 of title 10, United States Code.
                    (B) Section 194 of such title.
                    (C) Sections 3014(f), 5014(f), and 8014(f) of such 
                title.
                    (D) Section 601 of the Goldwater-Nichols Department 
                of Defense Reorganization Act of 1986 (10 U.S.C. 194 
                note).
            (2) Clerical amendments.--
                    (A) The table of sections at the beginning of 
                chapter 4 of title 10, United States Code, is amended 
                by striking the item relating to section 143.
                    (B) The table of sections at the beginning of 
                subchapter I of chapter 8 of such title is amended by 
                striking the item relating to section 194.
    (b) Consolidated Annual Report.--
            (1) Inclusion in annual defense mapower requirements 
        report.--Section 115a of such title is amended by inserting 
        after subsection (e) the following new subsection:
    ``(f) The Secretary shall also include in each such report the 
following information with respect to personnel assigned to or 
supporting major Department of Defense headquarters activities:
            ``(1) The military end strength and civilian full-time 
        equivalents assigned to major Department of Defense 
        headquarters activities for the preceding fiscal year and 
        estimates of such numbers for the current fiscal year and the 
        budget fiscal year.
            ``(2) A summary of the replacement during the preceding 
        fiscal year of contract workyears providing support to major 
        Department of Defense headquarters activities with military end 
        strength or civilian full-time equivalents, including an 
        estimate of the number associated with the replacement of 
        contracts performing inherently governmental or exempt 
        functions.
            ``(3) The plan for the continued review of contract 
        personnel supporting major Department of Defense headquarters 
        activities for possible conversion to military or civilian 
        performance in accordance with section 2463 of this title.''.
            (2) Technical amendments to reflect name of report.--
                    (A) Subsection (a) of such section is amended by 
                inserting ``defense'' before ``manpower requirements 
                report''.
                    (B)(i) The heading of such section is amended to 
                read as follows:
``Sec. 115a. Annual defense manpower requirements report''.
                    (ii) The item relating to such section in the table 
                of sections at the beginning of chapter 2 of such title 
                is amended to read as follows:

``1115a. Annual defense manpower requirements report.''.
            (3) Conforming repeals.--The following provisions of law 
        are repealed:
                    (A) Subsections (b) and (c) of section 901 of the 
                National Defense Authorization Act for Fiscal Year 2008 
                (Public Law 110-181; 122 Stat. 272).
                    (B) Section 1111 of the Duncan Hunter National 
                Defense Authorization Act for Fiscal Year 2009 (Public 
                Law 110-417; 122 Stat. 4619).

SEC. 903. SENSE OF SENATE ON THE WESTERN HEMISPHERE INSTITUTE FOR 
              SECURITY COOPERATION.

    (a) Findings.--The Senate makes the following findings:
            (1) The Western Hemisphere Institute for Security 
        Cooperation was established by section 911 of the Floyd D. 
        Spence National Defense Authorization Act for Fiscal Year 2001 
        (as enacted into law by Public Law 106-398; 114 Stat. 1654A-
        226).
            (2) The Western Hemisphere Institute for Security 
        Cooperation provides professional education and training to 
        military personnel, law enforcement officials, and civilian 
        personnel in support of the democratic principles set forth in 
        the Charter of the Organization of American States. The 
        Institute effectively promotes mutual knowledge, transparency, 
        confidence, and cooperation among participating nations. It 
        also effectively builds strategic partnerships to address the 
        great security challenges in the region while encouraging 
        democratic values, respect for human rights, subordination to 
        civilian authority, and understanding of United States customs 
        and traditions.
            (3) The Western Hemisphere Institute for Security 
        Cooperation supports the Security Cooperation Guidance of the 
        Secretary of Defense by addressing the building partner 
        capacity education and training needs of the United States 
        Southern Command and the United States Northern Command.
            (4) In a joint letter, dated April 9, 2009, General 
        Renuart, the Commander of the United States Northern Command, 
        and Admiral Stavridis, the Commander of the United States 
        Southern Command, write ``[t]he outstanding service that 
        WHINSEC provides directly supports the United States Southern 
        Command's and United States Northern Command's strategic 
        objective of fostering lasting partnerships that will ensure 
        security, enhance stability, and enable prosperity throughout 
        the Americas'' and notes that the Institute provides 
        ``culturally-sensitive training, with a strong emphasis on the 
        values of democracy and human rights''.
            (5) In establishing the Western Hemisphere Institute for 
        Security Cooperation, Congress mandates that participants at 
        the Institute receive a minimum of 8 hours of instruction on 
        human rights, due process, the rule of law, the role of the 
        Armed Forces in a democratic society, and civilian control of 
        the military. Every course devotes at least 10 percent of its 
        course work to democracy, ethics, and human rights issues. The 
        Institute is also required to develop a curriculum that 
        includes leadership development, counterdrug operations, 
        peacekeeping, resource management, and disaster relief 
        planning. In fiscal year 2008, the Institute presented 39 
        courses and hosted 1,196 students in residence at Fort Benning, 
        Georgia, of whom 292 were police personnel, and trained an 
        additional 280 students through the Mobile Training Team 
        programs of the Institute.
            (6) Congress mandated the formation of a Federal advisory 
        committee--an oversight committee unique to the Western 
        Hemisphere Institute for Security Cooperation. It provides 
        recommendations and an independent review of the Institute and 
        its curriculum to ensure the uniform adherence of the Institute 
        to United States law, regulations, and policies. The Board of 
        Visitors of the Institute includes the Chairman and Ranking 
        Member of the Committee on Armed Services of the Senate, the 
        Chairman and Ranking Member of the Committee on Armed Services 
        of the House of Representatives, the Secretary of State, the 
        Commander of the United States Southern Command, the Commander 
        of the United States Northern Command, the Commander of the 
        United States Training and Doctrine Command, and six members 
        designated by the Secretary of Defense. The six members 
        designated by the Secretary of Defense include, to the extent 
        practicable, individuals from academia and the religious and 
        human rights communities. In addition to the 13 members of the 
        Board of Visitors, advisors and subject matter experts assist 
        the Board in areas the Board considers necessary and 
        appropriate.
            (7) The Western Hemisphere Institute for Security 
        Cooperation operates in accordance with section 8130 of the 
        Department of Defense Appropriations Act, 1999 (Public Law 105-
        262; 112 Stat. 2335) that prohibits United States military 
        assistance to foreign military units that violate human rights, 
        including security assistance programs funded through 
        appropriations available for foreign operations and training 
        programs funded through appropriations made available for the 
        Department of Defense.
            (8) The Western Hemisphere Institute for Security 
        Cooperation does not select students for participation in its 
        courses. A partner nation nominates students to attend the 
        Institute, and in accordance with the law of the United States 
        and the policies of the Department of Defense and the 
        Department of State, the United States Embassy in such partner 
        nation screens and conducts background checks on such nominees. 
        The vetting process of nominees for participation in the 
        Institute includes a background check by United States 
        embassies in partner nations, as well as checks by the Bureau 
        of Western Hemisphere Affairs and the Bureau of Democracy, 
        Human Rights, and Labor at the Department of State. The 
        Department of State also uses the Abuse Case Evaluation System, 
        a central database that aggregates human rights abuse data into 
        a single, searchable location, to ensure nominees have not been 
        accused of any human rights abuses.
            (9) The training provided by the Western Hemisphere 
        Institute for Security Cooperation is transparent and the 
        Institute is open to visitors at any time. Visitors are welcome 
        to sit in on classes, talk with students and faculty, and 
        review instructional materials. Every year, the Institute hosts 
        more than a thousand visiting students, faculty, civilian, and 
        military officials.
    (b) Sense of Senate.--It is the sense of the Senate that--
            (1) the Western Hemisphere Institute for Security 
        Cooperation--
                    (A) offers quality professional military bilingual 
                instruction for military officers and noncommissioned 
                officers that promotes democracy, subordination to 
                civilian authority, and respect for human rights; and
                    (B) is uniquely positioned to support the 
                modernization of Latin America security forces as they 
                work to transcend their own controversial pasts;
            (2) the Western Hemisphere Institute for Security 
        Cooperation is building partner capacity which enhances 
        regional and global security while encouraging respect for 
        human rights and promoting democratic principles among eligible 
        military personnel, law enforcement officials, and civilians of 
        nations of the Western Hemisphere;
            (3) the Western Hemisphere Institute for Security 
        Cooperation is an invaluable education and training facility 
        whose curriculum is not duplicated in any of the military 
        departments and is not replaceable by professional military 
        education funded by appropriations for International Military 
        Education and Training (IMET), which education is not conducted 
        in Spanish and does not concentrate on regional challenges; and
            (4) the Western Hemisphere Institute for Security 
        Cooperation is an essential tool to educate future generations 
        of Latin American leaders and improve United States 
        relationships with partner nations that are working with the 
        United States to promote democracy, prosperity, and stability 
        in the Western Hemisphere.

                       Subtitle B--Space Matters

SEC. 911. PROVISION OF SPACE SITUATIONAL AWARENESS SERVICES AND 
              INFORMATION TO NON-UNITED STATES GOVERNMENT ENTITIES.

    (a) In General.--Section 2274 of title 10, United States Code, is 
amended to read as follows:
``Sec. 2274. Space situational awareness services and information: 
              provision to non-United States Government entities
    ``(a) Authority.--The Secretary of Defense may provide space 
situational awareness services and information to, and may obtain space 
situational awareness data and information from, non-United States 
Government entities in accordance with this section. Any such action 
may be taken only if the Secretary determines that such action is 
consistent with the national security interests of the United States.
    ``(b) Eligible Entities.--The Secretary may provide services and 
information under subsection (a) to, and may obtain data and 
information under subsection (a) from, any non-United States Government 
entity, including any of the following:
            ``(1) A State.
            ``(2) A political subdivision of a State.
            ``(3) A United States commercial entity.
            ``(4) The government of a foreign country.
            ``(5) A foreign commercial entity.
    ``(c) Agreement.--The Secretary may not provide space situational 
awareness services and information under subsection (a) to a non-United 
States Government entity unless that entity enters into an agreement 
with the Secretary under which the entity--
            ``(1) agrees to pay an amount that may be charged by the 
        Secretary under subsection (d);
            ``(2) agrees not to transfer any data or technical 
        information received under the agreement, including the 
        analysis of data, to any other entity without the express 
        approval of the Secretary; and
            ``(3) agrees to any other terms and conditions considered 
        necessary by the Secretary.
    ``(d) Charges.--(1) As a condition of an agreement under subsection 
(c), the Secretary may (except as provided in paragraph (2)) require 
the non-United States Government entity entering into the agreement to 
pay to the Department of Defense such amounts as the Secretary 
determines appropriate to reimburse the Department for the costs to the 
Department of providing space situational awareness services or 
information under the agreement.
    ``(2) The Secretary may not require the government of a State, or 
of a political subdivision of a State, to pay any amount under 
paragraph (1).
    ``(e) Crediting of Funds Received.--(1) Funds received for the 
provision of space situational awareness services or information 
pursuant to an agreement under this section shall be credited, at the 
election of the Secretary, to the following:
            ``(A) The appropriation, fund, or account used in incurring 
        the obligation.
            ``(B) An appropriate appropriation, fund, or account 
        currently available for the purposes for which the expenditures 
        were made.
    ``(2) Funds credited under paragraph (1) shall be merged with, and 
remain available for obligation with, the funds in the appropriation, 
fund, or account to which credited.
    ``(f) Procedures.--The Secretary shall establish procedures by 
which the authority under this section shall be carried out. As part of 
those procedures, the Secretary may allow space situational awareness 
services or information to be provided through a contractor of the 
Department of Defense.
    ``(g) Nondisclosure.--Any information received under subsection 
(a), records of agreements entered into under subsection (c), and 
analyses or data provided as a part of the provision of services or 
information under this section shall be exempt from disclosure under 
section 552(b)(3) of title 5.
    ``(h) Immunity.--The United States, any agencies and 
instrumentalities thereof, and any individuals, firms, corporations, 
and other persons acting for the United States, shall be immune from 
any suit in any court for any cause of action arising from the 
provision or receipt of space situational awareness services or 
information, whether or not provided in accordance with this section, 
or any related action or omission.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 135 of such title is amended by striking the item relating to 
section 2274 and inserting the following new item:

``2274. Space situational awareness services and information: provision 
                            to non-United States Government 
                            entities.''.
    (c) Effective Date.--The amendments made by this section shall take 
effect on October 1, 2009, or the date of the enactment of this Act, 
whichever is later.

SEC. 912. PLAN FOR MANAGEMENT AND FUNDING OF NATIONAL POLAR-ORBITING 
              OPERATIONAL ENVIRONMENTAL SATELLITE SYSTEM PROGRAM.

    (a) In General.--The Secretary of Defense, the Secretary of 
Commerce, and the Administrator of the National Aeronautics and Space 
Administration shall jointly develop a plan for the management and 
funding of the National Polar-Orbiting Operational Environmental 
Satellite System Program (in this section referred to as the 
``Program'') by the Department of Defense, the Department of Commerce, 
and the National Aeronautics and Space Administration.
    (b) Elements.--The plan required under subsection (a) shall include 
the following:
            (1) Requirements for the Program.
            (2) The management structure of the Program.
            (3) A funding profile for the Program for each year of the 
        Program for the Department of Defense, the Department of 
        Commerce, and the National Aeronautics and Space 
        Administration.
    (c) Limitation on Use of Funds.--Of the amounts authorized to be 
appropriated for fiscal year 2010 by section 201(a)(3) for research, 
development, test, and evaluation for the Air Force and available for 
the Program, not more than 50 percent of such amounts may be obligated 
or expended before the date on which the plan developed under 
subsection (a) is submitted to the congressional defense committees, 
the Committee on Commerce, Science, and Transportation of the Senate, 
and the Committee on Energy and Commerce of the House of 
Representatives.
    (d) Sense of Senate.--It is the sense of the Senate that--
            (1) the National Polar-Orbiting Operational Environmental 
        Satellite System Program, including the sensors, satellites, 
        and orbits included in the Program, should be maintained;
            (2) the National Polar-Orbiting Operational Environmental 
        Satellite System preparatory project should be managed and 
        treated as an operational satellite;
            (3) the responsibility of Department of Defense milestone 
        decision authority for the Program should be delegated to the 
        Department of Defense Executive Agent for Space, and the 
        Department of Defense Executive Agent for Space should become 
        the member of the Tri-Agency Executive Committee from the 
        Department of Defense;
            (4) the Program Executive Office of the Program should 
        report directly to and take direction exclusively from the Tri-
        Agency Executive Committee;
            (5) the acquisition procedures of the Department of Defense 
        should continue to be used in the Program;
            (6) the Administrator of the National Aeronautics and Space 
        Administration and the Secretary of the Air Force should make 
        support from the Goddard Space Flight Center and the Space and 
        Missile Systems Center, respectively, available for the 
        Program, as needed;
            (7) the budget for the Program should not be less than the 
        estimate of the Cost Analysis Improvement Group of the 
        Department of Defense for the Program;
            (8) the Program should continue to be managed by a single 
        program manager;
            (9) the Program should be managed as a long-term 
        operational program; and
            (10) once all requirements for the Program are fully agreed 
        to by the Secretary of Defense, the Secretary of Commerce, and 
        the Administrator of the National Aeronautics and Space 
        Administration, the Program should be executed with no 
        modifications to those requirements that would increase the 
        cost, or extend the schedule, of the Program.

                    Subtitle C--Intelligence Matters

SEC. 921. INCLUSION OF DEFENSE INTELLIGENCE AGENCY IN AUTHORITY TO USE 
              PROCEEDS FROM COUNTERINTELLIGENCE OPERATIONS.

    (a) In General.--Section 423 of title 10, United States Code, is 
amended by inserting ``and the Defense Intelligence Agency'' after 
``the military departments'' each place it appears in subsections (a) 
and (c).
    (b) Conforming Amendments.--
            (1) Heading amendment.--The heading of such section is 
        amended to read as follows:
``Sec. 423. Authority to use proceeds from counterintelligence 
              operations of the military departments and the Defense 
              Intelligence Agency''.
            (2) Table of sections.--The table of sections at the 
        beginning of chapter 21 of such title is amended by striking 
        the item relating to section 423 and inserting the following 
        new item:

``423. Authority to use proceeds from counterintelligence operations of 
                            the military departments and the Defense 
                            Intelligence Agency.''.

                       Subtitle D--Other Matters

SEC. 931. UNITED STATES MILITARY CANCER INSTITUTE.

    (a) Establishment.--Chapter 104 of title 10, United States Code, is 
amended by adding at the end the following new section:
``Sec. 2118. United States Military Cancer Institute
    ``(a) Establishment.--The Secretary of Defense shall establish in 
the University the United States Military Cancer Institute. The 
Institute shall be established pursuant to regulations prescribed by 
the Secretary.
    ``(b) Purposes.--The purposes of the Institute are as follows:
            ``(1) To establish and maintain a clearinghouse of data on 
        the incidence and prevalence of cancer among members and former 
        members of the armed forces.
            ``(2) To conduct research that contributes to the detection 
        or treatment of cancer among the members and former members of 
        the armed forces.
    ``(c) Head of Institute.--The Director of the United States 
Military Cancer Institute is the head of the Institute. The Director 
shall report to the President of the University regarding matters 
relating to the Institute.
    ``(d) Elements.--(1) The Institute is composed of clinical and 
basic scientists in the Department of Defense who have an expertise in 
research, patient care, and education relating to oncology and who meet 
applicable criteria for affiliation with the Institute.
    ``(2) The components of the Institute include military treatment 
and research facilities that meet applicable criteria and are 
designated as affiliates of the Institute.
    ``(e) Research.--(1) The Director of the United States Military 
Cancer Institute shall carry out research studies on the following:
            ``(A) The epidemiological features of cancer, including 
        assessments of the carcinogenic effect of genetic and 
        environmental factors, and of disparities in health, inherent 
        or common among populations of various ethnic origins within 
        the members of the armed forces.
            ``(B) The prevention and early detection of cancer among 
        members and former members of the armed forces.
            ``(C) Basic, translational, and clinical investigation 
        matters relating to the matters described in subparagraphs (A) 
        and (B).
    ``(2) The research studies under paragraph (1) shall include 
complementary research on oncologic nursing.
    ``(f) Collaborative Research.--The Director of the United States 
Military Cancer Institute shall carry out the research studies under 
subsection (e) in collaboration with other cancer research 
organizations and entities selected by the Institute for purposes of 
the research studies.
    ``(g) Annual Report.--(1) Not later than November 1 each year, the 
Director of the United States Military Cancer Institute shall submit to 
the President of the University a report on the current status of the 
research studies being carried out by the Institute under subsection 
(e).
    ``(2) Not later than 60 days after receiving a report under 
paragraph (1), the President of the University shall transmit such 
report to the Secretary of Defense and to Congress.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 104 of such title is amended by adding at the end the following 
new item:

``2118. United States Military Cancer Institute.''.

SEC. 932. INSTRUCTION OF PRIVATE SECTOR EMPLOYEES IN CYBER SECURITY 
              COURSES OF THE DEFENSE CYBER INVESTIGATIONS TRAINING 
              ACADEMY.

    (a) Authority To Receive Instruction.--
            (1) In general.--The Secretary of Defense may permit 
        eligible private sector employees to enroll in and receive 
        instruction at the Defense Cyber Investigations Training 
        Academy operated under the direction of the Defense Cyber Crime 
        Center.
            (2) Limitation.--Not more than the equivalent of 200 full-
        time student positions at the Defense Cyber Investigations 
        Training Academy may be filled at any one time by private 
        sector employees enrolled under this section.
            (3) Certification.--Upon successful completion of a course 
        of instruction at the Defense Cyber Investigations Training 
        Academy under this section, a private sector employee may be 
        awarded an appropriate certification or diploma.
    (b) Eligible Private Sector Employees.--
            (1) In general.--For purposes of this section, an eligible 
        private sector employee is an individual employed by a private 
        entity, as determined by the Secretary--
                    (A) that is engaged in providing to the Department 
                of Defense or other departments or agencies of the 
                Federal Government significant and substantial defense-
                related systems, products, or services; or
                    (B) whose work product is relevant to national 
                security policy or strategy.
            (2) Duration of treatment.--An individual is eligible for 
        treatment as a private sector employee for purposes of this 
        section only so long as the individual remains employed by a 
        private entity described in paragraph (1).
    (c) Curricula Open to Enrollees.--The curricula of instruction for 
which eligible private sector employees may enroll at the Defense Cyber 
Investigations Training Academy under this section may only include 
curricula of instruction otherwise offered by the Academy that, as 
determined by the Secretary, are not readily available through other 
educational institutions.
    (d) Tuition.--A private sector employee enrolled at the Defense 
Cyber Investigations Training Academy under this section shall be 
charged tuition at a rate equal to the rate charged for civilian 
employees of the Federal Government at the Academy.
    (e) Standards of Conduct.--While receiving instruction at the 
Defense Cyber Investigations Training Academy under this section, 
private sector employees enrolled at the Academy under this section 
shall, to the extent practicable, be subject to the same regulations 
governing academic performance, attendance, norms of behavior, and 
enrollment as apply to civilian employees of the Federal Government 
receiving instruction at the Academy.
    (f) Use of Funds.--Notwithstanding section 3302 of title 31, United 
States Code, or any other provision of law, amounts received by the 
Defense Cyber Investigations Training Academy for the instruction of 
private sector employees enrolled under this section shall be retained 
by the Academy to defray the costs of such instruction. The source and 
disposition of funds so retained and utilized shall be specifically 
identified in records of the Academy.

                      TITLE X--GENERAL PROVISIONS

                     Subtitle A--Financial Matters

SEC. 1001. GENERAL TRANSFER AUTHORITY.

    (a) Authority to Transfer Authorizations.--
            (1) Authority.--Upon determination by the Secretary of 
        Defense that such action is necessary in the national interest, 
        the Secretary may transfer amounts of authorizations made 
        available to the Department of Defense in this division for 
        fiscal year 2010 between any such authorizations for that 
        fiscal year (or any subdivisions thereof). Amounts of 
        authorizations so transferred shall be merged with and be 
        available for the same purposes as the authorization to which 
        transferred.
            (2) Limitation.--Except as provided in paragraph (3), the 
        total amount of authorizations that the Secretary may transfer 
        under the authority of this section may not exceed 
        $4,000,000,000.
            (3) Exception for transfers between military personnel 
        authorizations.--A transfer of funds between military personnel 
        authorizations under title IV shall not be counted toward the 
        dollar limitation in paragraph (2).
    (b) Limitations.--The authority provided by this section to 
transfer authorizations--
            (1) may only be used to provide authority for items that 
        have a higher priority than the items from which authority is 
        transferred; and
            (2) may not be used to provide authority for an item that 
        has been denied authorization by Congress.
    (c) Effect on Authorization Amounts.--A transfer made from one 
account to another under the authority of this section shall be deemed 
to increase the amount authorized for the account to which the amount 
is transferred by an amount equal to the amount transferred.
    (d) Notice to Congress.--The Secretary shall promptly notify 
Congress of each transfer made under subsection (a)

SEC. 1002. AUDIT READINESS OF FINANCIAL STATEMENTS OF THE DEPARTMENT OF 
              DEFENSE.

    (a) Audit Readiness Objectives.--It shall be the objective of the 
Department of Defense to ensure that--
            (1) the financial statements of the Department of the Army 
        are validated as ready for audit by not later than March 31, 
        2017;
            (2) the financial statements of the Department of the Navy 
        are validated as ready for audit by not later than March 31, 
        2016;
            (3) the financial statements of the Department of the Air 
        Force are validated as ready for audit by not later than 
        September 30, 2016;
            (4) the financial statements of the Defense Logistics 
        Agency are validated as ready for audit by not later than 
        September 30, 2017; and
            (5) the financial statements of the Department of Defense 
        are validated as ready for audit by not later than September 
        30, 2017.
    (b) Adjustment of Deadline for Objectives.--
            (1) In general.--In the event that the appropriate chief 
        management officer determines that the Department of Defense, a 
        military department, or the Defense Logistics Agency will be 
        unable to meet the deadline for an objective as specified in 
        subsection (a), the chief management officer may adjust the 
        deadline for meeting such objective.
            (2) Report.--Not later than 30 days after adjusting the 
        deadline for an objective pursuant to paragraph (1), the chief 
        management officer concerned shall submit to the congressional 
        defense committees a report setting forth--
                    (A) a statement of the reasons why the Department 
                of Defense, the military department, or the Defense 
                Logistics Agency, as applicable, will be unable to meet 
                the deadline for such objective;
                    (B) a proposed completion date for the achievement 
                of compliance with such objective; and
                    (C) a description of the actions that have been 
                taken and are planned to be taken by the Department of 
                Defense, the military department, or the Defense 
                Logistics Agency, as applicable, to meet such 
                objective.
            (3) Appropriate chief management officer.--For the purposes 
        of this subsection, the appropriate chief management officer is 
        as follows:
                    (A) For the objective in subsection (a)(1), the 
                Chief Management Officer of the Army.
                    (B) For the objective in subsection (a)(2), the 
                Chief Management Officer of the Navy.
                    (C) For the objective in subsection (a)(3), the 
                Chief Management Officer of the Air Force.
                    (D) For the objective in subsection (a)(4), the 
                Deputy Chief Management Officer of the Department of 
                Defense.
                    (E) For the objective in subsection (a)(5), the 
                Chief Management Officer of the Department of Defense.
    (c) Financial Improvement Audit Readiness Plan.--
            (1) In general.--The Chief Management Officer of the 
        Department of Defense shall, in consultation with the Under 
        Secretary of Defense (Comptroller), develop and maintain a plan 
        to be known as the ``Financial Improvement and Audit Readiness 
        Plan''.
            (2) Elements.--The plan required by paragraph (1) shall--
                    (A) describe specific actions to be taken to--
                            (i) correct financial management 
                        deficiencies that impair the ability of the 
                        Department of Defense to prepare timely, 
                        reliable, and complete financial management 
                        information; and
                            (ii) meet the objectives specified in 
                        subsection (a); and
                    (B) systematically tie the actions described under 
                subparagraph (A) to process and control improvements 
                and business systems modernization efforts described in 
                the business enterprise architecture and transition 
                plan required by section 2222 of title 10, United 
                States Code.
    (d) Semi-annual Reports on Financial Improvement and Audit 
Readiness Plan.--
            (1) In general.--Not later than May 15 and November 15 each 
        year, the Under Secretary of Defense (Comptroller) shall submit 
        to the congressional defense committees a report on the status 
        of the implementation by the Department of Defense of the 
        Financial Improvement and Audit Readiness Plan required by 
        subsection (c).
            (2) Elements.--Each report under paragraph (1) shall 
        include, at a minimum--
                    (A) an overview of the steps the Department has 
                taken or plans to take to meet the objectives specified 
                in subsection (a), including any interim objectives 
                established by the Department for that purpose; and
                    (B) a description of any impediments identified in 
                the efforts of the Department to meet such objectives, 
                and of the actions the Department has taken or plans to 
                take to address such impediments.
            (3) Additional issues to be addressed in first report.--The 
        first report submitted under paragraph (1) after the date of 
        the enactment of this Act shall address, in addition to the 
        elements required by paragraph (2), the actions taken or to be 
        taken by the Department as follows:
                    (A) To develop standardized guidance for financial 
                improvement plans by components of the Department.
                    (B) To establish a baseline of financial management 
                capabilities and weaknesses at the component level of 
                the Department.
                    (C) To provide results-oriented metrics for 
                measuring and reporting quantifiable results toward 
                addressing financial management deficiencies.
                    (D) To define the oversight roles of the Chief 
                Management Officer of the Department of Defense, the 
                chief management officers of the military departments, 
                and other appropriate elements of the Department to 
                ensure that the requirements of the Financial 
                Improvement and Audit Readiness Plan are carried out.
                    (E) To assign accountability for carrying out 
                specific elements of the Financial Improvement and 
                Audit Readiness Plan to appropriate officials and 
                organizations at the component level of the Department.
                    (F) To develop mechanisms to track budgets and 
                expenditures for the implementation of the requirements 
                of the Financial Improvement and Audit Readiness Plan.
    (e) Relationship to Existing Law.--The requirements of this section 
shall be implemented in a manner that is consistent with the 
requirements of section 1008 of the National Defense Authorization Act 
for Fiscal Year 2002 (Public Law 107-107; 115 Stat. 1204; 10 U.S.C. 
2222 note).

                Subtitle B--Naval Vessels and Shipyards

SEC. 1011. TEMPORARY REDUCTION IN MINIMUM NUMBER OF AIRCRAFT CARRIERS 
              IN ACTIVE SERVICE.

    Notwithstanding section 5062(b) of title 10, United States Code, 
during the period beginning on the date of the decommissioning of the 
U.S.S. Enterprise (CVN 65) and ending on the date of the commissioning 
into active service of the U.S.S. Gerald R. Ford (CVN 78), the number 
of operational aircraft carriers in the naval combat forces of the Navy 
may be 10.

SEC. 1012. REPEAL OF POLICY RELATING TO THE MAJOR COMBATANT VESSELS OF 
              THE STRIKE FORCES OF THE UNITED STATES NAVY.

    Section 1012 of the National Defense Authorization Act for Fiscal 
Year 2008 (Public Law 110-181; 122 Stat. 303) is repealed.

SEC. 1013. SENSE OF SENATE ON THE MAINTENANCE OF A 313-SHIP NAVY.

    (a) Findings.--The Senate makes the following findings:
            (1) The Department of the Navy has a stated requirement for 
        a 313-ship fleet.
            (2) The Navy can better meet this requirement--
                    (A) by procuring sufficient numbers of new ships; 
                and
                    (B) by ensuring the sound material condition of 
                existing ships that will enable the Navy to utilize 
                them for their full planned service lives.
            (3) When procuring new classes of ships, the Navy must 
        exercise greater caution than it has exhibited to date in 
        proceeding from one stage of the acquisition cycle to the next 
        before a ship program has achieved a level of maturity that 
        significantly lowers the risk of cost growth and schedule 
        slippage.
            (4) In retaining existing assets, the Navy can do a much 
        better job of achieving the full planned service lives of ships 
        and extending the service lives of certain ships so as to keep 
        their unique capabilities in the fleet while the Navy takes the 
        time necessary to develop and field next-generation 
        capabilities under a low risk program.
            (5) The Navy can undertake certain development approaches 
        that can help the Navy control the total costs of ownership of 
        a ship or class of ships, including emphasizing common hull 
        designs, open architecture combat systems, and other common 
        ship systems in order to achieve efficiency in acquiring and 
        supporting various classes of ships.
            (6) The Navy needs to continue its efforts toward achieving 
        an open architecture for existing combat systems, as this will 
        have great benefit in reducing the costs and risks of fielding 
        new classes of ships, and will yield recurring savings from 
        reducing the costs of buying later ships in a program and 
        reducing life cycle support costs for ships and classes of 
        ships.
            (7) The Navy can also undertake other measures to acquire 
        new ships and maintain the current fleet with greater 
        efficiency, including--
                    (A) greater use of fixed-price contracts;
                    (B) maximizing competition (or the option of 
                competition) throughout the life cycle of its ships;
                    (C) entering into multiyear contracts when 
                warranted; and
                    (D) employing an incremental approach to developing 
                new technologies.
    (b) Sense of Senate.--It is the sense of the Senate that--
            (1) the Navy should meet its requirement for a 313-ship 
        fleet;
            (2) the Navy should take greater care to achieve the full 
        planned service life of existing ships and reduce the incidence 
        of early ship decommissioning;
            (3) the Navy should exercise greater restraint on the 
        acquisition process for ships in order to achieve on-time, on-
        cost shipbuilding programs; and
            (4) Congress should support the Navy when it is acting 
        responsibly to undertake measures that can help the Navy 
        achieve the requirement for a 313-ship fleet and maintain a 
        fleet that is adequate to meet the national security needs of 
        the United States.

SEC. 1014. DESIGNATION OF U.S.S. CONSTITUTION AS AMERICA'S SHIP OF 
              STATE.

    (a) Findings.--Congress makes the following findings:
            (1) The 3rd Congress authorized, in the Act entitled ``An 
        Act to Provide a Naval Armament'', approved on March 27, 1794 
        (1 Stat. 350, Chap. XII), the construction of six frigates as 
        the first ships to be built for the United States Navy.
            (2) One of the six frigates was built in Boston between 
        1794 and 1797, and is the only one of the original six ships to 
        survive.
            (3) President George Washington named this frigate 
        ``Constitution'' to represent the Nation's founding document.
            (4) President Thomas Jefferson, asserting the right of the 
        United States to trade on the high seas, dispatched the frigate 
        Constitution in 1803 as the flagship of the Mediterranean 
        Squadron to end the depredations of the Barbary States against 
        United States ships and shipping, which led to a treaty being 
        signed with the Bashaw of Tripoli in the Captain's cabin aboard 
        the frigate Constitution on June 4, 1805.
            (5) The frigate Constitution, with her defeat of HMS 
        Guerriere, secured the first major victory by the young United 
        States Navy against the Royal Navy during the War of 1812, 
        gaining in the process the nickname ``Old Ironsides'', which 
        she has proudly carried since.
            (6) Congress awarded gold medals to four of the ship's 
        commanding officers (Preble, Hull, Stewart, and Bainbridge), a 
        record unmatched by any other United States Navy vessel.
            (7) The frigate Constitution emerged from the War of 1812 
        undefeated, having secured victories over three additional 
        ships of the Royal Navy.
            (8) As early as May 1815, the frigate Constitution had 
        already been adopted as a symbol of the young Republic, as 
        attested by the [Washington] National Intelligencer which 
        proclaimed, ``Let us keep `Old Ironsides' at home. She has, 
        literally become the Nation's Ship . . . and should thus be 
        preserved . . . in honorable pomp, as a glorious Monument of 
        her own, and our other Naval Victories.''.
            (9) Rumors in 1830 that ``Old Ironsides,'' an aging 
        frigate, was about to be scrapped resulted in a public uproar 
        demanding that the ship be restored and preserved, spurred by 
        Oliver Wendell Holmes' immortal poem ``Old Ironsides''.
            (10) ``Old Ironsides'' circumnavigated the world between 
        1844 and 1846, showing the American flag as she searched for 
        future coaling stations that would eventually fuel the steam-
        powered navy of the United States.
            (11) The first Pope to set foot on United States sovereign 
        territory was Pius IX onboard the frigate Constitution in 1849.
            (12) ``Old Ironsides'' helped evacuate the United States 
        Naval Academy from Annapolis, Maryland, to Newport, Rhode 
        Island, in 1860 to prevent this esteemed ship from falling into 
        Confederate hands.
            (13) Congressman John F. ``Honey Fitz'' Fitzgerald 
        introduced legislation in 1896 to return ``Old Ironsides'' from 
        the Portsmouth (New Hampshire) Naval Shipyard, where she was 
        moored pier side and largely forgotten, to Boston for her 100th 
        birthday.
            (14) Thousands of school children contributed pennies 
        between 1925 an 1927 to help fund a much needed restoration for 
        ``Old Ironsides''.
            (15) Between 1931 and 1934, more than 4,500,000 Americans 
        gained inspiration, at the depth of the Great Depression, by 
        going aboard ``Old Ironsides'' as she was towed to 76 ports on 
        the Atlantic, Gulf, and Pacific coasts.
            (16) The 83rd Congress enacted the Act of July 23, 1954 (68 
        Stat. 527, chapter 565), which directed the Secretary of the 
        Navy to transfer to the States and appropriate commissions four 
        other historic ships then on the Navy inventory, and to repair 
        and equip U.S.S. Constitution, as much as practicable, to her 
        original condition, but not for active service.
            (17) Queen Elizabeth II paid a formal visit to U.S.S. 
        Constitution in 1976, at the start of her state visit marking 
        the Bicentennial of the United States.
            (18) The U.S.S. Constitution, in celebration of her 
        bicentennial, returned to sea under sail on July 21, 1997 for 
        the first time since 1881, proudly setting sails purchased by 
        the contributions of thousands of pennies given by school 
        children across the United States.
            (19) The U.S.S. Constitution is the oldest commissioned 
        warship afloat in the world.
            (20) The U.S.S. Constitution is a National Historic 
        Landmark.
            (21) The U.S.S. Constitution continues to perform official, 
        ceremonial duties, including in recent years hosting a 
        congressional dinner honoring the late Senator John Chafee of 
        Rhode Island, a special salute for the dedication of the John 
        Moakley Federal Courthouse, a luncheon honoring British 
        Ambassador Sir David Manning, and a special underway 
        demonstration during which 60 Medal of Honor recipients each 
        received a personal Medal of Honor flag.
            (22) The U.S.S. Constitution celebrated on October 21, 
        2007, the 210th anniversary of her launching.
            (23) The U.S.S. Constitution will remain a commissioned 
        ship in the United States Navy, with the Navy retaining control 
        of the ship, its material condition, and its employment.
            (24) The U.S.S. Constitution's primary mission will remain 
        education and public outreach, and any Ship of State functions 
        will be an adjunct to the ship's primary mission.
    (b) Designation as America's Ship of State.--
            (1) In general.--The U.S.S. Constitution is hereby 
        designated as ``America's Ship of State''.
            (2) References.--The U.S.S. Constitution may be known or 
        referred to as ``America's Ship of State''.
            (3) Sense of congress.--It is the sense of Congress that 
        the President, Vice President, executive branch officials, and 
        members of Congress should utilize the U.S.S. Constitution for 
        the conducting of pertinent matters of state, such as hosting 
        visiting heads of state, signing legislation relating to the 
        Armed Forces, and signing maritime related treaties.
            (4) Fee or reimbursement structure for non-department of 
        the navy use.--The Secretary of the Navy shall determine an 
        appropriate fee or reimbursement structure for any non-
        Department of the Navy entities using the U.S.S. Constitution 
        for Ship of State purposes.

                  Subtitle C--Counter-Drug Activities

SEC. 1021. EXTENSION AND MODIFICATION OF AUTHORITY TO PROVIDE 
              ADDITIONAL SUPPORT FOR COUNTER-DRUG ACTIVITIES OF CERTAIN 
              FOREIGN GOVERNMENTS.

    (a) Extension of Authority.--Subsection (a)(2) of section 1033 of 
the National Defense Authorization Act for Fiscal Year 1998 (Public Law 
105-85; 111 Stat. 1881), as amended by section 1021 of the National 
Defense Authorization Act for Fiscal Year 2004 (Public Law 108-136; 117 
Stat. 1593), section 1022 of the John Warner National Defense 
Authorization Act for Fiscal Year 2007 (Public Law 109-364; 120 Stat. 
2137), section 1022 of the National Defense Authorization Act for 
Fiscal Year 2008 (Public Law 110-181; 122 Stat. 304), and section 1024 
of the Duncan Hunter National Defense Authorization Act for Fiscal Year 
2009 (Public Law 110-417; 122 Stat. 4587), is further amended by 
striking ``2009'' and inserting ``2010''.
    (b) Maximum Annual Amount of Support.--Subsection (e)(2) of such 
section is amended--
            (1) by striking ``or'' before ``$75,000,000''; and
            (2) by striking the period at the end and inserting ``, or 
        $100,000,000 during fiscal year 2010.''.
    (c) Conditions on Provision of Support.--Subsection (f)(2) of such 
section is amended in the matter preceding subparagraph (A) by striking 
``for fiscal year 2009 to carry out this section and the first fiscal 
year in which the support is to be provided'' and inserting ``and 
available for support''.
    (d) Counter-drug Plan.--Subsection (h) of such section is amended--
            (1) in the matter preceding paragraph (1), by striking 
        ``fiscal year 2009'' and inserting ``for each fiscal year''; 
        and
            (2) in paragraph (7), by striking ``fiscal year 2009, and 
        thereafter, for the first fiscal year in which support is to be 
        provided'' and inserting ``each fiscal year in which support is 
        to be provided a government''.

SEC. 1022. ONE-YEAR EXTENSION OF AUTHORITY FOR JOINT TASK FORCES 
              SUPPORT TO LAW ENFORCEMENT AGENCIES CONDUCTING COUNTER-
              TERRORISM ACTIVITIES.

    (a) One-year Extension.--Subsection (b) of section 1022 of the 
National Defense Authorization Act for Fiscal Year 2004 (10 U.S.C. 371 
note) is amended by striking ``2009'' and inserting ``2010''.
    (b) Annual Report.--Subsection (c) of such section is amended to 
read as follows:
    ``(c) Annual Report.--Not later than December 31 of each year after 
2008 in which the authority in subsection (a) is in effect, the 
Secretary of Defense shall submit to the congressional defense 
committees a report setting forth, for the one-year period ending on 
the date of such report, the following:
            ``(1) An assessment of the effect on counter-drug and 
        counter-terrorism activities and objectives of using counter-
        drug funds of a joint task force to provide counterterrorism 
        support authorized by subsection (a).
            ``(2) A description of the type of support and any 
        recipient of support provided under subsection (a).
            ``(3) A list of current joint task forces conducting 
        counter-drug operations.''.

SEC. 1023. ONE-YEAR EXTENSION OF AUTHORITY TO SUPPORT UNIFIED COUNTER-
              DRUG AND COUNTERTERRORISM CAMPAIGN IN COLOMBIA.

    Section 1021 of the Ronald W. Reagan National Defense Authorization 
Act for Fiscal Year 2005 (Public Law 108-375; 118 Stat. 2042), as 
amended by section 1023 of the John Warner National Defense 
Authorization Act for Fiscal Year 2007 (Public Law 109-364; 120 Stat. 
2382) and section 1023 of the Duncan Hunter National Defense 
Authorization Act for Fiscal Year 2009 (Public Law 110-417; 122 Stat. 
4586), is further amended--
            (1) in subsection (a)(1), by striking ``2009'' and 
        inserting ``2010''; and
            (2) in subsection (c), by striking ``2009'' and inserting 
        ``2010''.

                    Subtitle D--Military Commissions

SEC. 1031. MILITARY COMMISSIONS.

    (a) In General.--Chapter 47A of title 10, United States Code, is 
amended to read as follows:

                  ``CHAPTER 47A--MILITARY COMMISSIONS

``SUBCHAPTER                                                       Sec.
``I. General Provisions.....................................      948a.
``II. Composition of Military Commissions...................      948h.
``III. Pre-Trial Procedure..................................      948q.
``IV. Trial Procedure.......................................      949a.
``V. Sentences..............................................      949s.
``VI. Post-Trial Procedure and Review of Military                 950a.
                            Commissions.
``VII. Punitive Matters.....................................      950p.

                   ``SUBCHAPTER I--GENERAL PROVISIONS

``Sec.
``948a. Definitions.
``948b. Military commissions generally.
``948c. Persons subject to military commissions.
``948d. Jurisdiction of military commissions.
``Sec. 948a. Definitions
    ``In this chapter:
            ``(1) Alien.--The term `alien' means an individual who is 
        not a citizen of the United States.
            ``(2) Classified information.--The term `classified 
        information' means the following:
                    ``(A) Any information or material that has been 
                determined by the United States Government pursuant to 
                statute, Executive order, or regulation to require 
                protection against unauthorized disclosure for reasons 
                of national security.
                    ``(B) Any restricted data, as that term is defined 
                in section 11 y. of the Atomic Energy Act of 1954 (42 
                U.S.C. 2014(y)).
            ``(3) Coalition partner.--The term `coalition partner', 
        with respect to hostilities engaged in by the United States, 
        means any State or armed force directly engaged along with the 
        United States in such hostilities or providing direct 
        operational support to the United States in connection with 
        such hostilities.
            ``(4) Geneva convention relative to the treatment of 
        prisoners of war.--The term `Geneva Convention Relative to the 
        Treatment of Prisoners of War' means the Convention Relative to 
        the Treatment of Prisoners of War, done at Geneva August 12, 
        1949 (6 UST 3316).
            ``(5) Geneva conventions.--The term `Geneva Conventions' 
        means the international conventions signed at Geneva on August 
        12, 1949.
            ``(6) Privileged belligerent.--The term `privileged 
        belligerent' means an individual belonging to one of the eight 
        categories enumerated in Article 4 of the Geneva Convention 
        Relative to the Treatment of Prisoners of War.
            ``(7) Unprivileged enemy belligerent.--The term 
        `unprivileged enemy belligerent' means an individual (other 
        than a privileged belligerent) who--
                    ``(A) has engaged in hostilities against the United 
                States or its coalition partners; or
                    ``(B) has purposefully and materially supported 
                hostilities against the United States or its coalition 
                partners.
``Sec. 948b. Military commissions generally
    ``(a) Purpose.--This chapter establishes procedures governing the 
use of military commissions to try alien unprivileged enemy 
belligerents for violations of the law of war and other offenses 
triable by military commission.
    ``(b) Authority for Military Commissions Under This Chapter.--The 
President is authorized to establish military commissions under this 
chapter for offenses triable by military commission as provided in this 
chapter.
    ``(c) Construction of Provisions.--The procedures for military 
commissions set forth in this chapter are based upon the procedures for 
trial by general courts-martial under chapter 47 of this title (the 
Uniform Code of Military Justice). Chapter 47 of this title does not, 
by its terms, apply to trial by military commission except as 
specifically provided therein or in this chapter, and many of the 
provisions of chapter 47 of this title are by their terms inapplicable 
to military commissions. The judicial construction and application of 
chapter 47 of this title, while instructive, is therefore not of its 
own force binding on military commissions established under this 
chapter.
    ``(d) Inapplicability of Certain Provisions.--(1) The following 
provisions of this title shall not apply to trial by military 
commission under this chapter:
            ``(A) Section 810 (article 10 of the Uniform Code of 
        Military Justice), relating to speedy trial, including any rule 
        of courts-martial relating to speedy trial.
            ``(B) Sections 831(a), (b), and (d) (articles 31(a), (b), 
        and (d) of the Uniform Code of Military Justice), relating to 
        compulsory self-incrimination.
            ``(C) Section 832 (article 32 of the Uniform Code of 
        Military Justice), relating to pretrial investigation.
    ``(2) Other provisions of chapter 47 of this title shall apply to 
trial by military commission under this chapter only to the extent 
provided by the terms of such provisions or by this chapter.
    ``(e) Treatment of Rulings and Precedents.--The findings, holdings, 
interpretations, and other precedents of military commissions under 
this chapter may not be introduced or considered in any hearing, trial, 
or other proceeding of a court-martial convened under chapter 47 of 
this title. The findings, holdings, interpretations, and other 
precedents of military commissions under this chapter may not form the 
basis of any holding, decision, or other determination of a court-
martial convened under that chapter.
    ``(f) Geneva Conventions Not Establishing Private Right of 
Action.--No alien unprivileged enemy belligerent subject to trial by 
military commission under this chapter may invoke the Geneva 
Conventions as a basis for a private right of action.
``Sec. 948c. Persons subject to military commissions
    ``Any alien unprivileged enemy belligerent having engaged in 
hostilities or having supported hostilities against the United States 
is subject to trial by military commission as set forth in this 
chapter.
``Sec. 948d. Jurisdiction of military commissions
    ``A military commission under this chapter shall have jurisdiction 
to try persons subject to this chapter for any offense made punishable 
by this chapter, sections 904 and 906 of this title (articles 104 and 
106 of the Uniform Code of Military Justice), or the law of war, and 
may, under such limitations as the President may prescribe, adjudge any 
punishment not forbidden by this chapter, including the penalty of 
death when specifically authorized under this chapter. A military 
commission is a competent tribunal to make a finding sufficient for 
jurisdiction.

          ``SUBCHAPTER II--COMPOSITION OF MILITARY COMMISSIONS

``Sec.
``948h. Who may convene military commissions.
``948i. Who may serve on military commissions.
``948j. Military judge of a military commission.
``948k. Detail of trial counsel and defense counsel.
``948l. Detail or employment of reporters and interpreters.
``948m. Number of members; excuse of members; absent and additional 
                            members.
``Sec. 948h. Who may convene military commissions
    ``Military commissions under this chapter may be convened by the 
Secretary of Defense or by any officer or official of the United States 
designated by the Secretary for that purpose.
``Sec. 948i. Who may serve on military commissions
    ``(a) In General.--Any commissioned officer of the armed forces on 
active duty is eligible to serve on a military commission under this 
chapter, including commissioned officers of the reserve components of 
the armed forces on active duty, commissioned officers of the National 
Guard on active duty in Federal service, or retired commissioned 
officers recalled to active duty.
    ``(b) Detail of Members.--When convening a military commission 
under this chapter, the convening authority shall detail as members 
thereof such members of the armed forces eligible under subsection (a) 
who, as in the opinion of the convening authority, are best qualified 
for the duty by reason of age, education, training, experience, length 
of service, and judicial temperament. No member of an armed force is 
eligible to serve as a member of a military commission when such member 
is the accuser or a witness for the prosecution or has acted as an 
investigator or counsel in the same case.
    ``(c) Excuse of Members.--Before a military commission under this 
chapter is assembled for the trial of a case, the convening authority 
may excuse a member from participating in the case.
``Sec. 948j. Military judge of a military commission
    ``(a) Detail of Military Judge.--A military judge shall be detailed 
to each military commission under this chapter. The Secretary of 
Defense shall prescribe regulations providing for the manner in which 
military judges are so detailed to military commissions. The military 
judge shall preside over each military commission to which he has been 
detailed.
    ``(b) Eligibility.--A military judge shall be a commissioned 
officer of the armed forces who is a member of the bar of a Federal 
court, or a member of the bar of the highest court of a State, and who 
is certified to be qualified for duty under section 826 of this title 
(article 26 of the Uniform Code of Military Justice) as a military 
judge in general courts-martial by the Judge Advocate General of the 
armed force of which such military judge is a member.
    ``(c) Ineligibility of Certain Individuals.--No person is eligible 
to act as military judge in a case of a military commission under this 
chapter if he is the accuser or a witness or has acted as investigator 
or a counsel in the same case.
    ``(d) Consultation With Members; Ineligibility to Vote.--A military 
judge detailed to a military commission under this chapter may not 
consult with the members except in the presence of the accused (except 
as otherwise provided in section 949d of this title), trial counsel, 
and defense counsel, nor may he vote with the members.
    ``(e) Other Duties.--A commissioned officer who is certified to be 
qualified for duty as a military judge of a military commission under 
this chapter may perform such other duties as are assigned to him by or 
with the approval of the Judge Advocate General of the armed force of 
which such officer is a member or the designee of such Judge Advocate 
General.
    ``(f) Prohibition on Evaluation of Fitness by Convening 
Authority.--The convening authority of a military commission under this 
chapter shall not prepare or review any report concerning the 
effectiveness, fitness, or efficiency of a military judge detailed to 
the military commission which relates to his performance of duty as a 
military judge on the military commission.
``Sec. 948k. Detail of trial counsel and defense counsel
    ``(a) Detail of Counsel Generally.--(1) Trial counsel and military 
defense counsel shall be detailed for each military commission under 
this chapter.
    ``(2) Assistant trial counsel and assistant and associate defense 
counsel may be detailed for a military commission under this chapter.
    ``(3) Military defense counsel for a military commission under this 
chapter shall be detailed as soon as practicable.
    ``(4) The Secretary of Defense shall prescribe regulations 
providing for the manner in which trial counsel and military defense 
counsel are detailed for military commissions under this chapter and 
for the persons who are authorized to detail such counsel for such 
military commissions.
    ``(b) Trial Counsel.--Subject to subsection (e), trial counsel 
detailed for a military commission under this chapter must be--
            ``(1) a judge advocate (as that term is defined in section 
        801 of this title (article 1 of the Uniform Code of Military 
        Justice)) who is--
                    ``(A) a graduate of an accredited law school or is 
                a member of the bar of a Federal court or of the 
                highest court of a State; and
                    ``(B) certified as competent to perform duties as 
                trial counsel before general courts-martial by the 
                Judge Advocate General of the armed force of which he 
                is a member; or
            ``(2) a civilian who is--
                    ``(A) a member of the bar of a Federal court or of 
                the highest court of a State; and
                    ``(B) otherwise qualified to practice before the 
                military commission pursuant to regulations prescribed 
                by the Secretary of Defense.
    ``(c) Military Defense Counsel.--Subject to subsection (e), 
military defense counsel detailed for a military commission under this 
chapter must be a judge advocate (as so defined) who is--
            ``(1) a graduate of an accredited law school or is a member 
        of the bar of a Federal court or of the highest court of a 
        State; and
            ``(2) certified as competent to perform duties as defense 
        counsel before general courts-martial by the Judge Advocate 
        General of the armed force of which he is a member.
    ``(d) Chief Prosecutor; Chief Defense Counsel.--(1) The Chief 
Prosecutor in a military commission under this chapter shall meet the 
requirements set forth in subsection (b)(1).
    ``(2) The Chief Defense Counsel in a military commission under this 
chapter shall meet the requirements set forth in subsection (c)(1).
    ``(e) Ineligibility of Certain Individuals.--No person who has 
acted as an investigator, military judge, or member of a military 
commission under this chapter in any case may act later as trial 
counsel or military defense counsel in the same case. No person who has 
acted for the prosecution before a military commission under this 
chapter may act later in the same case for the defense, nor may any 
person who has acted for the defense before a military commission under 
this chapter act later in the same case for the prosecution.
``Sec. 948l. Detail or employment of reporters and interpreters
    ``(a) Court Reporters.--Under such regulations as the Secretary of 
Defense may prescribe, the convening authority of a military commission 
under this chapter shall detail to or employ for the military 
commission qualified court reporters, who shall prepare a verbatim 
record of the proceedings of and testimony taken before the military 
commission.
    ``(b) Interpreters.--Under such regulations as the Secretary of 
Defense may prescribe, the convening authority of a military commission 
under this chapter may detail to or employ for the military commission 
interpreters who shall interpret for the military commission, and, as 
necessary, for trial counsel and defense counsel for the military 
commission, and for the accused.
    ``(c) Transcript; Record.--The transcript of a military commission 
under this chapter shall be under the control of the convening 
authority of the military commission, who shall also be responsible for 
preparing the record of the proceedings of the military commission.
``Sec. 948m. Number of members; excuse of members; absent and 
              additional members
    ``(a) Number of Members.--(1) A military commission under this 
chapter shall, except as provided in paragraph (2), have at least five 
members.
    ``(2) In a case in which the accused before a military commission 
under this chapter may be sentenced to a penalty of death, the military 
commission shall have the number of members prescribed by section 
949m(c) of this title.
    ``(b) Excuse of Members.--No member of a military commission under 
this chapter may be absent or excused after the military commission has 
been assembled for the trial of a case unless excused--
            ``(1) as a result of challenge;
            ``(2) by the military judge for physical disability or 
        other good cause; or
            ``(3) by order of the convening authority for good cause.
    ``(c) Absent and Additional Members.--Whenever a military 
commission under this chapter is reduced below the number of members 
required by subsection (a), the trial may not proceed unless the 
convening authority details new members sufficient to provide not less 
than such number. The trial may proceed with the new members present 
after the recorded evidence previously introduced before the members 
has been read to the military commission in the presence of the 
military judge, the accused (except as provided in section 949d of this 
title), and counsel for both sides.

                 ``SUBCHAPTER III--PRE-TRIAL PROCEDURE

``Sec.
``948q. Charges and specifications.
``948r. Compulsory self-incrimination prohibited; statements obtained 
                            by torture or cruel, inhuman, or degrading 
                            treatment.
``948s. Service of charges.
``Sec. 948q. Charges and specifications
    ``(a) Charges and Specifications.--Charges and specifications 
against an accused in a military commission under this chapter shall be 
signed by a person subject to chapter 47 of this title under oath 
before a commissioned officer of the armed forces authorized to 
administer oaths and shall state--
            ``(1) that the signer has personal knowledge of, or reason 
        to believe, the matters set forth therein; and
            ``(2) that they are true in fact to the best of his 
        knowledge and belief.
    ``(b) Notice to Accused.--Upon the swearing of the charges and 
specifications in accordance with subsection (a), the accused shall be 
informed of the charges and specifications against him as soon as 
practicable.
``Sec. 948r. Compulsory self-incrimination prohibited; statements 
              obtained by torture or cruel, inhuman, or degrading 
              treatment
    ``(a) In General.--No person shall be required to testify against 
himself at a proceeding of a military commission under this chapter.
    ``(b) Statements Obtained by Torture.--A statement obtained by use 
of torture, whether or not under color of law, shall not be admissible 
in a trial by military commission under this chapter, except against a 
person accused of torture as evidence the statement was made.
    ``(c) Statements Obtained Through Cruel, Inhuman, or Degrading 
Treatment.--A statement in which the degree of coercion is disputed may 
be admissible in a trial by military commission under this chapter only 
if the military judge finds that--
            ``(1) the totality of the circumstances renders the 
        statement reliable and possessing sufficient probative value;
            ``(2) the interests of justice would best be served by 
        admission of the statement into evidence; and
            ``(3) the interrogation methods used to obtain the 
        statement do not amount to cruel, inhuman, or degrading 
        treatment prohibited by section 1003 of the Detainee Treatment 
        Act of 2005 (42 U.S.C. 2000dd).
``Sec. 948s. Service of charges
    ``The trial counsel assigned to a case before a military commission 
under this chapter shall cause to be served upon the accused and 
military defense counsel a copy of the charges upon which trial is to 
be had in English and, if appropriate, in another language that the 
accused understands, sufficiently in advance of trial to prepare a 
defense.

                    ``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.
``Sec. 949a. Rules
    ``(a) Procedures and Rules of Evidence.--Pretrial, trial, and post-
trial procedures, including elements and modes of proof, for cases 
triable by military commission under this chapter may be prescribed by 
the Secretary of Defense. Such procedures may not be contrary to or 
inconsistent with this chapter. Except as otherwise provided in this 
chapter or chapter 47 of this title, the procedures and rules of 
evidence applicable in trials by general courts-martial of the United 
States shall apply in trials by military commission under this chapter.
    ``(b) Exceptions.--(1) The Secretary of Defense, in consultation 
with the Attorney General, may make such exceptions in the 
applicability in trials by military commission under this chapter from 
the procedures and rules of evidence otherwise applicable in general 
courts-martial as may be required by the unique circumstances of the 
conduct of military and intelligence operations during hostilities or 
by other practical need.
    ``(2) Notwithstanding any exceptions authorized by paragraph (1), 
the procedures and rules of evidence in trials by military commission 
under this chapter shall include, at a minimum, the following rights:
            ``(A) To present evidence in his defense, to cross-examine 
        the witnesses who testify against him, and to examine and 
        respond to all evidence admitted against him on the issue of 
        guilt or innocence and for sentencing, as provided for by this 
        chapter.
            ``(B) To be present at all sessions of the military 
        commission (other than those for deliberations or voting), 
        except when excluded under section 949d of this title.
            ``(C) To be represented before a military commission by 
        civilian counsel if provided at no expense to the Government, 
        and by either the defense counsel detailed or by military 
        counsel of the accused's own selection, if reasonably 
        available.
            ``(D) To self-representation, if the accused knowingly and 
        competently waives the assistance of counsel, subject to the 
        provisions of paragraph (4).
            ``(E) To the suppression of evidence that is not reliable 
        or probative.
            ``(F) To the suppression of evidence the probative value of 
        which is substantially outweighed by--
                    ``(i) the danger of unfair prejudice, confusion of 
                the issues, or misleading the members; or
                    ``(ii) considerations of undue delay, waste of 
                time, or needless presentation of cumulative evidence.
    ``(3) In making exceptions in the applicability in trials by 
military commission under this chapter from the procedures and rules 
otherwise applicable in general courts-martial, the Secretary of 
Defense may provide the following:
            ``(A) Evidence seized outside the United States shall not 
        be excluded from trial by military commission on the grounds 
        that the evidence was not seized pursuant to a search warrant 
        or authorization.
            ``(B) A statement of the accused that is otherwise 
        admissible shall not be excluded from trial by military 
        commission on grounds of alleged coercion or compulsory self-
        incrimination so long as the evidence complies with the 
        provisions of section 948r of this title.
            ``(C) Evidence shall be admitted as authentic so long as--
                    ``(i) the military judge of the military commission 
                determines that there is sufficient evidence that the 
                evidence is what it is claimed to be; and
                    ``(ii) the military judge instructs the members 
                that they may consider any issue as to authentication 
                or identification of evidence in determining the 
                weight, if any, to be given to the evidence.
            ``(D) Hearsay evidence not otherwise admissible under the 
        rules of evidence applicable in trial by general courts-martial 
        may be admitted in a trial by military commission only if--
                    ``(i) the proponent of the evidence makes known to 
                the adverse party, sufficiently in advance to provide 
                the adverse party with a fair opportunity to meet the 
                evidence, the proponent's intention to offer the 
                evidence, and the particulars of the evidence 
                (including information on the circumstances under which 
                the evidence was obtained); and
                    ``(ii) the military judge, after taking into 
                account all of the circumstances surrounding the taking 
                of the statement, the degree to which the statement is 
                corroborated, and the indicia of reliability within the 
                statement itself, determines that--
                            ``(I) the statement is offered as evidence 
                        of a material fact;
                            ``(II) either--
                                    ``(aa) direct testimony from the 
                                witness is not available as a practical 
                                matter, taking into consideration the 
                                physical location of the witness and 
                                the unique circumstances of the conduct 
                                of military and intelligence operations 
                                during hostilities; or
                                    ``(bb) the production of the 
                                witness would have an adverse impact on 
                                military or intelligence operations; 
                                and
                            ``(III) the general purposes of the rules 
                        of evidence and the interests of justice will 
                        best be served by admission of the statement 
                        into evidence.
    ``(4)(A) The accused in a military commission under this chapter 
who exercises the right to self-representation under paragraph (2)(D) 
shall conform his deportment and the conduct of the defense to the 
rules of evidence, procedure, and decorum applicable to trials by 
military commission.
    ``(B) Failure of the accused to conform to the rules described in 
subparagraph (A) may result in a partial or total revocation by the 
military judge of the right of self-representation under paragraph 
(2)(D). In such case, the military counsel of the accused or an 
appropriately authorized civilian counsel shall perform the functions 
necessary for the defense.
    ``(c) Delegation of Authority To Prescribe Regulations.--The 
Secretary of Defense may delegate the authority of the Secretary to 
prescribe regulations under this chapter.
``Sec. 949b. Unlawfully influencing action of military commission
    ``(a) In General.--(1) No authority convening a military commission 
under this chapter may censure, reprimand, or admonish the military 
commission, or any member, military judge, or counsel thereof, with 
respect to the findings or sentence adjudged by the military 
commission, or with respect to any other exercises of its or their 
functions in the conduct of the proceedings.
    ``(2) No person may attempt to coerce or, by any unauthorized 
means, influence--
            ``(A) the action of a military commission under this 
        chapter, or any member thereof, in reaching the findings or 
        sentence in any case;
            ``(B) the action of any convening, approving, or reviewing 
        authority with respect to their judicial acts; or
            ``(C) the exercise of professional judgment by trial 
        counsel or defense counsel.
    ``(3) The provisions of this subsection shall not apply with 
respect to--
            ``(A) general instructional or informational courses in 
        military justice if such courses are designed solely for the 
        purpose of instructing members of a command in the substantive 
        and procedural aspects of military commissions; or
            ``(B) statements and instructions given in open proceedings 
        by a military judge or counsel.
    ``(b) Prohibition on Consideration of Actions on Commission in 
Evaluation of Fitness.--In the preparation of an effectiveness, 
fitness, or efficiency report or any other report or document used in 
whole or in part for the purpose of determining whether a commissioned 
officer of the armed forces is qualified to be advanced in grade, or in 
determining the assignment or transfer of any such officer or whether 
any such officer should be retained on active duty, no person may--
            ``(1) consider or evaluate the performance of duty of any 
        member of a military commission under this chapter; or
            ``(2) give a less favorable rating or evaluation to any 
        commissioned officer because of the zeal with which such 
        officer, in acting as counsel, represented any accused before a 
        military commission under this chapter.
``Sec. 949c. Duties of trial counsel and defense counsel
    ``(a) Trial Counsel.--The trial counsel of a military commission 
under this chapter shall prosecute in the name of the United States.
    ``(b) Defense Counsel.--(1) The accused shall be represented in his 
defense before a military commission under this chapter as provided in 
this subsection.
    ``(2) The accused may be represented by military counsel detailed 
under section 948k of this title or by military counsel of the 
accused's own selection, if reasonably available.
    ``(3) The accused may be represented by civilian counsel if 
retained by the accused, provided that such civilian counsel--
            ``(A) is a United States citizen;
            ``(B) is admitted to the practice of law in a State, 
        district, or possession of the United States, or before a 
        Federal court;
            ``(C) has not been the subject of any sanction of 
        disciplinary action by any court, bar, or other competent 
        governmental authority for relevant misconduct;
            ``(D) has been determined to be eligible for access to 
        information classified at the level Secret or higher; and
            ``(E) has signed a written agreement to comply with all 
        applicable regulations or instructions for counsel, including 
        any rules of court for conduct during the proceedings.
    ``(4) If the accused is represented by civilian counsel, military 
counsel shall act as associate counsel.
    ``(5) The accused is not entitled to be represented by more than 
one military counsel. However, the person authorized under regulations 
prescribed under section 948k of this title to detail counsel, in such 
person's sole discretion, may detail additional military counsel to 
represent the accused.
    ``(6) Defense counsel may cross-examine each witness for the 
prosecution who testifies before a military commission under this 
chapter.
    ``(7) Civilian defense counsel shall protect any classified 
information received during the course of representation of the accused 
in accordance with all applicable law governing the protection of 
classified information, and may not divulge such information to any 
person not authorized to receive it.
``Sec. 949d. Sessions
    ``(a) Sessions Without Presence of Members.--(1) At any time after 
the service of charges which have been referred for trial by military 
commission under this chapter, the military judge may call the military 
commission into session without the presence of the members for the 
purpose of--
            ``(A) hearing and determining motions raising defenses or 
        objections which are capable of determination without trial of 
        the issues raised by a plea of not guilty;
            ``(B) hearing and ruling upon any matter which may be ruled 
        upon by the military judge under this chapter, whether or not 
        the matter is appropriate for later consideration or decision 
        by the members;
            ``(C) if permitted by regulations prescribed by the 
        Secretary of Defense, receiving the pleas of the accused; and
            ``(D) performing any other procedural function which may be 
        performed by the military judge under this chapter or under 
        rules prescribed pursuant to section 949a of this title and 
        which does not require the presence of the members.
    ``(2) Except as provided in subsections (b), (c), and (d), any 
proceedings under paragraph (1) shall be conducted in the presence of 
the accused, defense counsel, and trial counsel, and shall be made part 
of the record.
    ``(b) Deliberation or Vote of Members.--When the members of a 
military commission under this chapter deliberate or vote, only the 
members may be present.
    ``(c) Closure of Proceedings.--(1) The military judge may close to 
the public all or part of the proceedings of a military commission 
under this chapter.
    ``(2) The military judge may close to the public all or a portion 
of the proceedings under paragraph (1) only upon making a specific 
finding that such closure is necessary to--
            ``(A) protect information the disclosure of which could 
        reasonably be expected to cause damage to the national 
        security, including intelligence or law enforcement sources, 
        methods, or activities; or
            ``(B) ensure the physical safety of individuals.
    ``(3) A finding under paragraph (2) may be based upon a 
presentation, including a presentation ex parte or in camera, by either 
trial counsel or defense counsel.
    ``(4)(A) Subject to the provisions of this paragraph, classified 
information shall be handled in accordance with rules applicable in 
trials by general courts-martial of the United States.
    ``(B) Classified information shall be protected and is privileged 
from disclosure if disclosure would be detrimental to the national 
security. Under no circumstances may a military judge order the release 
of classified information to any person not authorized to receive such 
information. This subparagraph applies to all stages of proceedings of 
military commissions under this chapter.
    ``(C) After the original classification authority or head of the 
agency concerned has certified in writing that evidence and the sources 
thereof have been declassified to the maximum extent possible, 
consistent with the requirements of national security, the military 
judge may, to the extent practicable in accordance with the rules 
applicable in trials by court-martial, authorize--
            ``(i) the deletion of specified items of classified 
        information from documents sought by or made available to the 
        accused;
            ``(ii) the substitution of a portion or summary of the 
        information for such classified documents; or
            ``(iii) the substitution of a statement admitting relevant 
        facts that the classified information would tend to prove.
    ``(D) The military judge shall order the use of a statement, 
portion, or summary under subparagraph (C) if the military judge 
determines that the use of the statement, portion, or summary is 
consistent with affording the accused a fair trial.
    ``(E) A claim of privilege under this paragraph, and any materials 
in support thereof, shall, upon the request of the Government, be 
considered by the military judge in camera and shall not be disclosed 
to the accused. Such a claim may be considered on an ex parte basis, at 
the discretion of the military judge.
    ``(F) A certification of declassification by the original 
classification authority or head of an agency pursuant to subparagraph 
(C) shall not be subject to review by a military commission or upon 
appeal.
    ``(d) Exclusion of Accused From Certain Proceedings.--The military 
judge may exclude the accused from any portion of a proceeding upon a 
determination that, after being warned by the military judge, the 
accused persists in conduct that justifies exclusion from the 
courtroom--
            ``(1) to ensure the physical safety of individuals; or
            ``(2) to prevent disruption of the proceedings by the 
        accused.
``Sec. 949e. Continuances
    ``The military judge in a military commission under this chapter 
may, for reasonable cause, grant a continuance to any party for such 
time, and as often, as may appear to be just.
``Sec. 949f. Challenges
    ``(a) Challenges Authorized.--The military judge and members of a 
military commission under this chapter may be challenged by the accused 
or trial counsel for cause stated to the military commission. The 
military judge shall determine the relevance and validity of challenges 
for cause, and may not receive a challenge to more than one person at a 
time. Challenges by trial counsel shall ordinarily be presented and 
decided before those by the accused are offered.
    ``(b) Peremptory Challenges.--The accused and trial counsel are 
each entitled to one peremptory challenge, but the military judge may 
not be challenged except for cause.
    ``(c) Challenges Against Additional Members.--Whenever additional 
members are detailed to a military commission under this chapter, and 
after any challenges for cause against such additional members are 
presented and decided, the accused and trial counsel are each entitled 
to one peremptory challenge against members not previously subject to 
peremptory challenge.
``Sec. 949g. Oaths
    ``(a) In General.--(1) Before performing their respective duties in 
a military commission under this chapter, military judges, members, 
trial counsel, defense counsel, reporters, and interpreters shall take 
an oath to perform their duties faithfully.
    ``(2) The form of the oath required by paragraph (1), the time and 
place of the taking thereof, the manner of recording thereof, and 
whether the oath shall be taken for all cases in which duties are to be 
performed or for a particular case, shall be as provided in regulations 
prescribed by the Secretary of Defense. The regulations may provide 
that--
            ``(A) an oath to perform faithfully duties as a military 
        judge, trial counsel, or defense counsel may be taken at any 
        time by any judge advocate or other person certified to be 
        qualified or competent for the duty; and
            ``(B) if such an oath is taken, such oath need not again be 
        taken at the time the judge advocate or other person is 
        detailed to that duty.
    ``(b) Witnesses.--Each witness before a military commission under 
this chapter shall be examined on oath.
    ``(c) Oath Defined.--In this section, the term `oath' includes an 
affirmation.
``Sec. 949h. Former jeopardy
    ``(a) In General.--No person may, without his consent, be tried by 
a military commission under this chapter a second time for the same 
offense.
    ``(b) Scope of Trial.--No proceeding in which the accused has been 
found guilty by military commission under this chapter upon any charge 
or specification is a trial in the sense of this section until the 
finding of guilty has become final after review of the case has been 
fully completed.
``Sec. 949i. Pleas of the accused
    ``(a) Plea of Not Guilty.--If an accused in a military commission 
under this chapter after a plea of guilty sets up matter inconsistent 
with the plea, or if it appears that the accused has entered the plea 
of guilty through lack of understanding of its meaning and effect, or 
if the accused fails or refuses to plead, a plea of not guilty shall be 
entered in the record, and the military commission shall proceed as 
though the accused had pleaded not guilty.
    ``(b) Finding of Guilt After Guilty Plea.--With respect to any 
charge or specification to which a plea of guilty has been made by the 
accused in a military commission under this chapter and accepted by the 
military judge, a finding of guilty of the charge or specification may 
be entered immediately without a vote. The finding shall constitute the 
finding of the military commission unless the plea of guilty is 
withdrawn prior to announcement of the sentence, in which event the 
proceedings shall continue as though the accused had pleaded not 
guilty.
``Sec. 949j. Opportunity to obtain witnesses and other evidence
    ``(a) In General.--(1) Defense counsel in a military commission 
under this chapter shall have a reasonable opportunity to obtain 
witnesses and other evidence as provided in regulations prescribed by 
the Secretary of Defense.
    ``(2) Process issued in military commissions under this chapter to 
compel witnesses to appear and testify and to compel the production of 
other evidence--
            ``(A) shall be similar to that which courts of the United 
        States having criminal jurisdiction may lawfully issue; and
            ``(B) shall run to any place where the United States shall 
        have jurisdiction thereof.
    ``(b) Disclosure of Exculpatory Evidence.--(1) As soon as 
practicable, trial counsel in a military commission under this chapter 
shall disclose to the defense the existence of any evidence that 
reasonably tends to--
            ``(A) negate the guilt of the accused of an offense 
        charged; or
            ``(B) reduce the degree of guilt of the accused with 
        respect to an offense charged.
    ``(2) The trial counsel shall, as soon as practicable, disclose to 
the defense the existence of evidence that reasonably tends to impeach 
the credibility of a witness whom the government intends to call at 
trial.
    ``(3) The trial counsel shall, as soon as practicable upon a 
finding of guilt, disclose to the defense the existence of evidence 
that is not subject to paragraph (1) or paragraph (2) but that 
reasonably may be viewed as mitigation evidence at sentencing.
    ``(4) The disclosure obligations under this subsection encompass 
evidence that is known or reasonably should be known to any government 
officials who participated in the investigation and prosecution of the 
case against the defendant.
    ``(5) Classified information falling within the scope of the 
disclosure requirements in this subsection shall be treated in 
accordance with the requirements of subsection (c).
    ``(c) Treatment of Certain Items.--(1) In accordance with the rules 
applicable in trials by general courts-martial in the United States, 
the military judge in a military commission under this chapter may 
authorize trial counsel, in making documents available to the accused 
pursuant to subsections (a) and (b)--
            ``(A) to delete specified items of classified information 
        from such documents;
            ``(B) to substitute an unclassified summary of the 
        classified information in such documents; or
            ``(C) to substitute an unclassified statement admitting 
        relevant facts that classified information in such documents 
        would tend to prove.
    ``(2) The military judge shall authorize the disclosure of a 
statement, portion, or summary under paragraph (1) if the military 
judge determines that the use of the statement, portion, or summary is 
consistent with affording the accused a fair trial.
``Sec. 949k. Defense of lack of mental responsibility
    ``(a) Affirmative Defense.--It is an affirmative defense in a trial 
by military commission under this chapter that, at the time of the 
commission of the acts constituting the offense, the accused, as a 
result of a severe mental disease or defect, was unable to appreciate 
the nature and quality or the wrongfulness of the acts. Mental disease 
or defect does not otherwise constitute a defense.
    ``(b) Burden of Proof.--The accused in a military commission under 
this chapter has the burden of proving the defense of lack of mental 
responsibility by clear and convincing evidence.
    ``(c) Findings Following Assertion of Defense.--Whenever lack of 
mental responsibility of the accused with respect to an offense is 
properly at issue in a military commission under this chapter, the 
military judge shall instruct the members as to the defense of lack of 
mental responsibility under this section and shall charge the members 
to find the accused--
            ``(1) guilty;
            ``(2) not guilty; or
            ``(3) subject to subsection (d), not guilty by reason of 
        lack of mental responsibility.
    ``(d) Majority Vote Required for Finding.--The accused shall be 
found not guilty by reason of lack of mental responsibility under 
subsection (c)(3) only if a majority of the members present at the time 
the vote is taken determines that the defense of lack of mental 
responsibility has been established.
``Sec. 949l. Voting and rulings
    ``(a) Vote by Secret Written Ballot.--Voting by members of a 
military commission under this chapter on the findings and on the 
sentence shall be by secret written ballot.
    ``(b) Rulings.--(1) The military judge in a military commission 
under this chapter shall rule upon all questions of law, including the 
admissibility of evidence and all interlocutory questions arising 
during the proceedings.
    ``(2) Any ruling made by the military judge upon a question of law 
or an interlocutory question (other than the factual issue of mental 
responsibility of the accused) is conclusive and constitutes the ruling 
of the military commission. However, a military judge may change his 
ruling at any time during the trial.
    ``(c) Instructions Prior to Vote.--Before a vote is taken of the 
findings of a military commission under this chapter, the military 
judge shall, in the presence of the accused and counsel, instruct the 
members as to the elements of the offense and charge the members--
            ``(1) that the accused must be presumed to be innocent 
        until his guilt is established by legal and competent evidence 
        beyond a reasonable doubt;
            ``(2) that in the case being considered, if there is a 
        reasonable doubt as to the guilt of the accused, the doubt must 
        be resolved in favor of the accused and he must be acquitted;
            ``(3) that, if there is reasonable doubt as to the degree 
        of guilt, the finding must be in a lower degree as to which 
        there is no reasonable doubt; and
            ``(4) that the burden of proof to establish the guilt of 
        the accused beyond a reasonable doubt is upon the United 
        States.
``Sec. 949m. Number of votes required
    ``(a) Conviction.--No person may be convicted by a military 
commission under this chapter of any offense, except as provided in 
section 949i(b) of this title or by concurrence of two-thirds of the 
members present at the time the vote is taken.
    ``(b) Sentences.--(1) Except as provided in paragraphs (2) and (3), 
sentences shall be determined by a military commission by the 
concurrence of two-thirds of the members present at the time the vote 
is taken.
    ``(2) No person may be sentenced to death by a military commission, 
except insofar as--
            ``(A) the penalty of death has been expressly authorized 
        under this chapter, chapter 47 of this title, or the law of war 
        for an offense of which the accused has been found guilty;
            ``(B) trial counsel expressly sought the penalty of death 
        by filing an appropriate notice in advance of trial;
            ``(C) the accused was convicted of the offense by the 
        concurrence of all the members present at the time the vote is 
        taken; and
            ``(D) all members present at the time the vote was taken 
        concurred in the sentence of death.
    ``(3) No person may be sentenced to life imprisonment, or to 
confinement for more than 10 years, by a military commission under this 
chapter except by the concurrence of three-fourths of the members 
present at the time the vote is taken.
    ``(c) Number of Members Required for Penalty of Death.--(1) Except 
as provided in paragraph (2), in a case in which the penalty of death 
is sought, the number of members of the military commission under this 
chapter shall be not less than 12 members.
    ``(2) In any case described in paragraph (1) in which 12 members 
are not reasonably available for a military commission because of 
physical conditions or military exigencies, the convening authority 
shall specify a lesser number of members for the military commission 
(but not fewer than 5 members), and the military commission may be 
assembled, and the trial held, with not less than the number of members 
so specified. In any such case, the convening authority shall make a 
detailed written statement, to be appended to the record, stating why a 
greater number of members were not reasonably available.
``Sec. 949n. Military commission to announce action
    ``A military commission under this chapter shall announce its 
findings and sentence to the parties as soon as determined.
``Sec. 949o. Record of trial
    ``(a) Record; Authentication.--Each military commission under this 
chapter shall keep a separate, verbatim, record of the proceedings in 
each case brought before it, and the record shall be authenticated by 
the signature of the military judge. If the record cannot be 
authenticated by the military judge by reason of his death, disability, 
or absence, it shall be authenticated by the signature of the trial 
counsel or by a member if the trial counsel is unable to authenticate 
it by reason of his death, disability, or absence. Where appropriate, 
and as provided in regulations prescribed by the Secretary of Defense, 
the record of a military commission under this chapter may contain a 
classified annex.
    ``(b) Complete Record Required.--A complete record of the 
proceedings and testimony shall be prepared in every military 
commission under this chapter.
    ``(c) Provision of Copy to Accused.--A copy of the record of the 
proceedings of the military commission under this chapter shall be 
given the accused as soon as it is authenticated. If the record 
contains classified information, or a classified annex, the accused 
shall receive a redacted version of the record consistent with the 
requirements of section 949d(c)(4) of this title. Defense counsel shall 
have access to the unredacted record, as provided in regulations 
prescribed by the Secretary of Defense.

                       ``SUBCHAPTER V--SENTENCES

``Sec.
``949s. Cruel or unusual punishments prohibited.
``949t. Maximum limits.
``949u. Execution of confinement.
``Sec. 949s. Cruel or unusual punishments prohibited
    ``Punishment by flogging, or by branding, marking, or tattooing on 
the body, or any other cruel or unusual punishment, may not be adjudged 
by a military commission under this chapter or inflicted under this 
chapter upon any person subject to this chapter. The use of irons, 
single or double, except for the purpose of safe custody, is prohibited 
under this chapter.
``Sec. 949t. Maximum limits
    ``The punishment which a military commission under this chapter may 
direct for an offense may not exceed such limits as the President or 
Secretary of Defense may prescribe for that offense.
``Sec. 949u. Execution of confinement
    ``(a) In General.--Under such regulations as the Secretary of 
Defense may prescribe, a sentence of confinement adjudged by a military 
commission under this chapter may be carried into execution by 
confinement--
            ``(1) in any place of confinement under the control of any 
        of the armed forces; or
            ``(2) in any penal or correctional institution under the 
        control of the United States or its allies, or which the United 
        States may be allowed to use.
    ``(b) Treatment During Confinement by Other Than the Armed 
Forces.--Persons confined under subsection (a)(2) in a penal or 
correctional institution not under the control of an armed force are 
subject to the same discipline and treatment as persons confined or 
committed by the courts of the United States or of the State, District 
of Columbia, or place in which the institution is situated.

     ``SUBCHAPTER VI--POST-TRIAL PROCEDURE AND REVIEW OF MILITARY 
                              COMMISSIONS

``Sec.
``950a. Error of law; lesser included offense.
``950b. Review by the convening authority.
``950c. Appellate referral; waiver or withdrawal of appeal.
``950d. 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.
``Sec. 950a. Error of law; lesser included offense
    ``(a) Error of Law.--A finding or sentence of a military commission 
under this chapter may not be held incorrect on the ground of an error 
of law unless the error materially prejudices the substantial rights of 
the accused.
    ``(b) Lesser Included Offense.--Any reviewing authority with the 
power to approve or affirm a finding of guilty by a military commission 
under this chapter may approve or affirm, instead, so much of the 
finding as includes a lesser included offense.
``Sec. 950b. Review by the convening authority
    ``(a) Notice to Convening Authority of Findings and Sentence.--The 
findings and sentence of a military commission under this chapter shall 
be reported in writing promptly to the convening authority after the 
announcement of the sentence.
    ``(b) Submittal of Matters by Accused to Convening Authority.--(1) 
The accused may submit to the convening authority matters for 
consideration by the convening authority with respect to the findings 
and the sentence of the military commission under this chapter.
    ``(2)(A) Except as provided in subparagraph (B), a submittal under 
paragraph (1) shall be made in writing within 20 days after accused has 
been give an authenticated record of trial under section 949o(c) of 
this title.
    ``(B) If the accused shows that additional time is required for the 
accused to make a submittal under paragraph (1), the convening 
authority may, for good cause, extend the applicable period under 
subparagraph (A) for not more than an additional 20 days.
    ``(3) The accused may waive his right to make a submittal to the 
convening authority under paragraph (1). Such a waiver shall be made in 
writing, and may not be revoked. For the purposes of subsection (c)(2), 
the time within which the accused may make a submittal under this 
subsection shall be deemed to have expired upon the submittal of a 
waiver under this paragraph to the convening authority.
    ``(c) Action by Convening Authority.--(1) The authority under this 
subsection to modify the findings and sentence of a military commission 
under this chapter is a matter of the sole discretion and prerogative 
of the convening authority.
    ``(2) The convening authority is not required to take action on the 
findings of a military commission under this chapter. If the convening 
authority takes action on the findings, the convening authority may, in 
his sole discretion, only--
            ``(A) dismiss any charge or specification by setting aside 
        a finding of guilty thereto; or
            ``(B) change a finding of guilty to a charge to a finding 
        of guilty to an offense that is a lesser included offense of 
        the offense stated in the charge.
    ``(3)(A) The convening authority shall take action on the sentence 
of a military commission under this chapter.
    ``(B) Subject to regulations prescribed by the Secretary of 
Defense, action under this paragraph may be taken only after 
consideration of any matters submitted by the accused under subsection 
(b) or after the time for submitting such matters expires, whichever is 
earlier.
    ``(C) In taking action under this paragraph, the convening 
authority may, in his sole discretion, approve, disapprove, commute, or 
suspend the sentence in whole or in part. The convening authority may 
not increase a sentence beyond that which is found by the military 
commission.
    ``(4) The convening authority shall serve on the accused or on 
defense counsel notice of any action taken by the convening authority 
under this subsection.
    ``(d) Order of Revision or Rehearing.--(1) Subject to paragraphs 
(2) and (3), the convening authority of a military commission under 
this chapter may, in his sole discretion, order a proceeding in 
revision or a rehearing.
    ``(2)(A) Except as provided in subparagraph (B), a proceeding in 
revision may be ordered by the convening authority if--
            ``(i) there is an apparent error or omission in the record; 
        or
            ``(ii) the record shows improper or inconsistent action by 
        the military commission with respect to the findings or 
        sentence that can be rectified without material prejudice to 
        the substantial rights of the accused.
    ``(B) In no case may a proceeding in revision--
            ``(i) reconsider a finding of not guilty of a specification 
        or a ruling which amounts to a finding of not guilty;
            ``(ii) reconsider a finding of not guilty of any charge, 
        unless there has been a finding of guilty under a specification 
        laid under that charge, which sufficiently alleges a violation; 
        or
            ``(iii) increase the severity of the sentence unless the 
        sentence prescribed for the offense is mandatory.
    ``(3) A rehearing may be ordered by the convening authority if the 
convening authority disapproves the findings and sentence and states 
the reasons for disapproval of the findings. If the convening authority 
disapproves the finding and sentence and does not order a rehearing, 
the convening authority shall dismiss the charges. A rehearing as to 
the findings may not be ordered by the convening authority when there 
is a lack of sufficient evidence in the record to support the findings. 
A rehearing as to the sentence may be ordered by the convening 
authority if the convening authority disapproves the sentence.
``Sec. 950c. Appellate referral; waiver or withdrawal of appeal
    ``(a) Automatic Referral for Appellate Review.--Except as provided 
in subsection (b), in each case in which the final decision of a 
military commission under this chapter (as approved by the convening 
authority) includes a finding of guilty, the convening authority shall 
refer the case to the United States Court of Appeals for the Armed 
Forces. Any such referral shall be made in accordance with procedures 
prescribed under regulations of the Secretary.
    ``(b) Waiver of Right of Review.--(1) Except in a case in which the 
sentence as approved under section 950b of this title extends to death, 
an accused may file with the convening authority a statement expressly 
waiving the right of the accused to appellate review by the United 
States Court of Appeals for the Armed Forces under section 950f(a) of 
this title of the final decision of the military commission under this 
chapter.
    ``(2) A waiver under paragraph (1) shall be signed by both the 
accused and a defense counsel.
    ``(3) A waiver under paragraph (1) must be filed, if at all, within 
10 days after notice of the action is served on the accused or on 
defense counsel under section 950b(c)(4) of this title. The convening 
authority, for good cause, may extend the period for such filing by not 
more than 30 days.
    ``(c) Withdrawal of Appeal.--Except in a case in which the sentence 
as approved under section 950b of this title extends to death, the 
accused may withdraw an appeal at any time.
    ``(d) Effect of Waiver or Withdrawal.--A waiver of the right to 
appellate review or the withdrawal of an appeal under this section bars 
review under section 950f of this title.
``Sec. 950d. Appeal by the United States
    ``(a) Interlocutory Appeal.--(1) Except as provided in paragraph 
(2), in a trial by military commission under this chapter, the United 
States may take an interlocutory appeal to the United States Court of 
Appeals for the Armed Forces under section 950f of this title of any 
order or ruling of the military judge that--
            ``(A) terminates proceedings of the military commission 
        with respect to a charge or specification;
            ``(B) excludes evidence that is substantial proof of a fact 
        material in the proceeding; or
            ``(C) relates to a matter under subsection (c) or (d) of 
        section 949d of this title.
    ``(2) The United States may not appeal under paragraph (1) an order 
or ruling that is, or amounts to, a finding of not guilty by the 
military commission with respect to a charge or specification.
    ``(b) Notice of Appeal.--The United States shall take an appeal of 
an order or ruling under subsection (a) by filing a notice of appeal 
with the military judge within five days after the date of the order or 
ruling.
    ``(c) Appeal.--An appeal under this section shall be forwarded, by 
means specified in regulations prescribed the Secretary of Defense, 
directly to the United States Court of Appeals for the Armed Forces. In 
ruling on an appeal under this section, the Court may act only with 
respect to matters of law.
``Sec. 950e. Rehearings
    ``(a) Composition of Military Commission for Rehearing.--Each 
rehearing under this chapter shall take place before a military 
commission under this chapter composed of members who were not members 
of the military commission which first heard the case.
    ``(b) Scope of Rehearing.--(1) Upon a rehearing--
            ``(A) the accused may not be tried for any offense of which 
        he was found not guilty by the first military commission; and
            ``(B) no sentence in excess of or more than the original 
        sentence may be imposed unless--
                    ``(i) the sentence is based upon a finding of 
                guilty of an offense not considered upon the merits in 
                the original proceedings; or
                    ``(ii) the sentence prescribed for the offense is 
                mandatory.
    ``(2) Upon a rehearing, if the sentence approved after the first 
military commission was in accordance with a pretrial agreement and the 
accused at the rehearing changes his plea with respect to the charges 
or specifications upon which the pretrial agreement was based, or 
otherwise does not comply with pretrial agreement, the sentence as to 
those charges or specifications may include any punishment not in 
excess of that lawfully adjudged at the first military commission.
``Sec. 950f. Review by United States Court of Appeals for the Armed 
              Forces and Supreme Court
    ``(a) Review by United States Court of Appeals for the Armed 
Forces.--(1) Subject to the provisions of this subsection, the United 
States Court of Appeals for the Armed Forces shall have exclusive 
jurisdiction to determine the final validity of any judgment rendered 
by a military commission under this chapter.
    ``(2) In any case referred to it pursuant to section 950c(a) of 
this title, the United States Court of Appeals for the Armed Forces may 
act only with respect to the findings and sentence as approved by the 
convening authority. It may affirm only such findings of guilty, and 
the sentence or such part or amount of the sentence, as it finds 
correct in law and fact and determines, on the basis of the entire 
record, should be approved. In considering the record, it may weigh the 
evidence, judge the credibility of witnesses, and determine 
controverted questions of fact, recognizing that the trial court saw 
and heard the witnesses.
    ``(3) If the United States Court of Appeals for the Armed Forces 
sets aside the findings and sentence, it may, except where the setting 
aside is based on lack of sufficient evidence in the record to support 
the findings, order a rehearing. If it sets aside the findings and 
sentence and does not order a rehearing, it shall order that the 
charges be dismissed.
    ``(b) Review by Supreme Court.--The Supreme Court of the United 
States may review by writ of certiorari pursuant to section 1257 of 
title 28 the final judgment of the United States Court of Appeals for 
the Armed Forces in a determination under subsection (a).
``Sec. 950g. Appellate counsel
    ``(a) Appointment.--The Secretary of Defense shall, by regulation, 
establish procedures for the appointment of appellate counsel for the 
United States and for the accused in military commissions under this 
chapter. Appellate counsel shall meet the qualifications of counsel for 
appearing before military commissions under this chapter.
    ``(b) Representation of United States.--Appellate counsel may 
represent the United States in any appeal or review proceeding under 
this chapter. Appellate Government counsel may represent the United 
States before the Supreme Court in case arising under this chapter when 
requested to do so by the Attorney General.
    ``(c) Representation of Accused.--The accused shall be represented 
before the United States Court of Appeals for the Armed Forces or the 
Supreme Court by military appellate counsel, or by civilian counsel if 
retained by him.
``Sec. 950h. Execution of sentence; suspension of sentence
    ``(a) Execution of Sentence of Death Only Upon Approval by the 
President.--If the sentence of a military commission under this chapter 
extends to death, that part of the sentence providing for death may not 
be executed until approved by the President. In such a case, the 
President may commute, remit, or suspend the sentence, or any part 
thereof, as he sees fit.
    ``(b) Execution of Sentence of Death Only Upon Final Judgment of 
Legality of Proceedings.--(1) If the sentence of a military commission 
under this chapter extends to death, the sentence may not be executed 
until there is a final judgement as to the legality of the proceedings 
(and with respect to death, approval under subsection (a)).
    ``(2) A judgement as to legality of proceedings is final for 
purposes of paragraph (1) when review is completed in accordance with 
the judgment of the United States Court of Appeals for the Armed Forces 
and (A) a petition for a writ of certiorari is not timely filed, (B) 
such a petition is denied by the Supreme Court, or (C) review is 
otherwise completed in accordance with the judgment of the Supreme 
Court.
    ``(c) Suspension of Sentence.--The Secretary of the Defense, or the 
convening authority acting on the case (if other than the Secretary), 
may suspend the execution of any sentence or part thereof in the case.
``Sec. 950i. Finality of proceedings, findings, and sentences
    ``The appellate review of records of trial provided by this 
chapter, and the proceedings, findings, and sentences of military 
commissions as approved, reviewed, or affirmed as required by this 
chapter, are final and conclusive. Orders publishing the proceedings of 
military commissions under this chapter are binding upon all 
departments, courts, agencies, and officers of the United States, 
subject only to action by the Secretary or the convening authority as 
provided in section 950h(c) of this title and the authority of the 
President.

                   ``SUBCHAPTER VII--PUNITIVE MATTERS

``Sec. 950p. Definitions; construction of certain offenses; common 
              circumstances
    ``(a) Definitions.--In this subchapter:
            ``(1) The term `military objective' means combatants and 
        those objects during an armed conflict which, by their nature, 
        location, purpose, or use, effectively contribute to the war-
        fighting or war-sustaining capability of an opposing force and 
        whose total or partial destruction, capture, or neutralization 
        would constitute a definite military advantage to the attacker 
        under the circumstances at the time of an attack.
            ``(2) The term `protected person' means any person entitled 
        to protection under one or more of the Geneva Conventions, 
        including civilians not taking an active part in hostilities, 
        military personnel placed out of combat by sickness, wounds, or 
        detention, and military medical or religious personnel.
            ``(3) The term `protected property' means any property 
        specifically protected by the law of war, including buildings 
        dedicated to religion, education, art, science, or charitable 
        purposes, historic monuments, hospitals, and places where the 
        sick and wounded are collected, but only if and to the extent 
        such property is not being used for military purposes or is not 
        otherwise a military objective. The term includes objects 
        properly identified by one of the distinctive emblems of the 
        Geneva Conventions, but does not include civilian property that 
        is a military objective.
    ``(b) Construction of Certain Offenses.--The intent required for 
offenses under paragraphs (1), (2), (3), (4), and (12) of section 950w 
of this title precludes their applicability with regard to collateral 
damage or to death, damage, or injury incident to a lawful attack.
    ``(c) Common Circumstances.--An offense specified in this 
subchapter is triable by military commission under this chapter only if 
the offense is committed in the context of and associated with armed 
conflict.
    ``(d) Offenses Encompassed Under Law of War.--To the extent that 
the provisions of this subchapter codify offenses that have 
traditionally been triable under the law of war or otherwise triable by 
military commission, this subchapter does not preclude trial for 
offenses that occurred before the date of the enactment of the National 
Defense Authorization Act for Fiscal Year 2010.
``Sec. 950q. Principals
    ``Any person punishable under this chapter who--
            ``(1) commits an offense punishable by this chapter, or 
        aids, abets, counsels, commands, or procures its commission;
            ``(2) causes an act to be done which if directly performed 
        by him would be punishable by this chapter; or
            ``(3) is a superior commander who, with regard to acts 
        punishable by this chapter, knew, had reason to know, or should 
        have known, that a subordinate was about to commit such acts or 
        had done so and who failed to take the necessary and reasonable 
        measures to prevent such acts or to punish the perpetrators 
        thereof,
is a principal.
``Sec. 950r. Accessory after the fact
    ``Any person subject to this chapter who, knowing that an offense 
punishable by this chapter has been committed, receives, comforts, or 
assists the offender in order to hinder or prevent his apprehension, 
trial, or punishment shall be punished as a military commission under 
this chapter may direct.
``Sec. 950s. Conviction of lesser offenses
    ``An accused may be found guilty of an offense necessarily included 
in the offense charged or of an attempt to commit either the offense 
charged or an attempt to commit either the offense charged or an 
offense necessarily included therein.
``Sec. 950t. Attempts
    ``(a) In General.--Any person subject to this chapter who attempts 
to commit any offense punishable by this chapter shall be punished as a 
military commission under this chapter may direct.
    ``(b) Scope of Offense.--An act, done with specific intent to 
commit an offense under this chapter, amounting to more than mere 
preparation and tending, even though failing, to effect its commission, 
is an attempt to commit that offense.
    ``(c) Effect of Consummation.--Any person subject to this chapter 
may be convicted of an attempt to commit an offense although it appears 
on the trial that the offense was consummated.
``Sec. 950u. Conspiracy
    ``Any person subject to this chapter who conspires to commit one or 
more substantive offenses triable by military commission under this 
subchapter, and who knowingly does any overt act to effect the object 
of the conspiracy, shall be punished, if death results to one or more 
of the victims, by death or such other punishment as a military 
commission under this chapter may direct, and, if death does not result 
to any of the victims, by such punishment, other than death, as a 
military commission under this chapter may direct.
``Sec. 950v. Solicitation
    ``Any person subject to this chapter who solicits or advises 
another or others to commit one or more substantive offenses triable by 
military commission under this chapter shall, if the offense solicited 
or advised is attempted or committed, be punished with the punishment 
provided for the commission of the offense, but, if the offense 
solicited or advised is not committed or attempted, he shall be 
punished as a military commission under this chapter may direct.
``Sec. 950w. Crimes triable by military commissions
    ``The following offenses shall be triable by military commission 
under this chapter at any time without limitation:
            ``(1) Murder of protected persons.--Any person subject to 
        this chapter who intentionally kills one or more protected 
        persons shall be punished by death or such other punishment as 
        a military commission under this chapter may direct.
            ``(2) Attacking civilians.--Any person subject to this 
        chapter who intentionally engages in an attack upon a civilian 
        population as such, or individual civilians not taking active 
        part in hostilities, shall be punished, if death results to one 
        or more of the victims, by death or such other punishment as a 
        military commission under this chapter may direct, and, if 
        death does not result to any of the victims, by such 
        punishment, other than death, as a military commission under 
        this chapter may direct.
            ``(3) Attacking civilian objects.--Any person subject to 
        this chapter who intentionally engages in an attack upon a 
        civilian object that is not a military objective shall be 
        punished as a military commission under this chapter may 
        direct.
            ``(4) Attacking protected property.--Any person subject to 
        this chapter who intentionally engages in an attack upon 
        protected property shall be punished as a military commission 
        under this chapter may direct.
            ``(5) Pillaging.--Any person subject to this chapter who 
        intentionally and in the absence of military necessity 
        appropriates or seizes property for private or personal use, 
        without the consent of a person with authority to permit such 
        appropriation or seizure, shall be punished as a military 
        commission under this chapter may direct.
            ``(6) Denying quarter.--Any person subject to this chapter 
        who, with effective command or control over subordinate groups, 
        declares, orders, or otherwise indicates to those groups that 
        there shall be no survivors or surrender accepted, with the 
        intent to threaten an adversary or to conduct hostilities such 
        that there would be no survivors or surrender accepted, shall 
        be punished as a military commission under this chapter may 
        direct.
            ``(7) Taking hostages.--Any person subject to this chapter 
        who, having knowingly seized or detained one or more persons, 
        threatens to kill, injure, or continue to detain such person or 
        persons with the intent of compelling any nation, person other 
        than the hostage, or group of persons to act or refrain from 
        acting as an explicit or implicit condition for the safety or 
        release of such person or persons, shall be punished, if death 
        results to one or more of the victims, by death or such other 
        punishment as a military commission under this chapter may 
        direct, and, if death does not result to any of the victims, by 
        such punishment, other than death, as a military commission 
        under this chapter may direct.
            ``(8) Employing poison or similar weapons.--Any person 
        subject to this chapter who intentionally, as a method of 
        warfare, employs a substance or weapon that releases a 
        substance that causes death or serious and lasting damage to 
        health in the ordinary course of events, through its 
        asphyxiating, bacteriological, or toxic properties, shall be 
        punished, if death results to one or more of the victims, by 
        death or such other punishment as a military commission under 
        this chapter may direct, and, if death does not result to any 
        of the victims, by such punishment, other than death, as a 
        military commission under this chapter may direct.
            ``(9) Using protected persons as a shield.--Any person 
        subject to this chapter who positions, or otherwise takes 
        advantage of, a protected person with the intent to shield a 
        military objective from attack. or to shield, favor, or impede 
        military operations, shall be punished, if death results to one 
        or more of the victims, by death or such other punishment as a 
        military commission under this chapter may direct, and, if 
        death does not result to any of the victims, by such 
        punishment, other than death, as a military commission under 
        this chapter may direct.
            ``(10) Using protected property as a shield.--Any person 
        subject to this chapter who positions, or otherwise takes 
        advantage of the location of, protected property with the 
        intent to shield a military objective from attack, or to 
        shield, favor, or impede military operations, shall be punished 
        as a military commission under this chapter may direct.
            ``(11) Torture.--
                    ``(A) Offense.--Any person subject to this chapter 
                who commits an act specifically intended to inflict 
                severe physical or mental pain or suffering (other than 
                pain or suffering incidental to lawful sanctions) upon 
                another person within his custody or physical control 
                for the purpose of obtaining information or a 
                confession, punishment, intimidation, coercion, or any 
                reason based on discrimination of any kind, shall be 
                punished, if death results to one or more of the 
                victims, by death or such other punishment as a 
                military commission under this chapter may direct, and, 
                if death does not result to any of the victims, by such 
                punishment, other than death, as a military commission 
                under this chapter may direct.
                    ``(B) Severe mental pain or suffering defined.--In 
                this paragraph, the term `severe mental pain or 
                suffering' has the meaning given that term in section 
                2340(2) of title 18.
            ``(12) Cruel or inhuman treatment.--Any person subject to 
        this chapter who subjects another person in their custody or 
        under their physical control, regardless of nationality or 
        physical location, to cruel or inhuman treatment that 
        constitutes a grave breach of common Article 3 of the Geneva 
        Conventions shall be punished, if death results to the victim, 
        by death or such other punishment as a military commission 
        under this chapter may direct, and, if death does not result to 
        the victim, by such punishment, other than death, as a military 
        commission under this chapter may direct.
            ``(13) Intentionally causing serious bodily injury.--
                    ``(A) Offense.--Any person subject to this chapter 
                who intentionally causes serious bodily injury to one 
                or more persons, including privileged belligerents, in 
                violation of the law of war shall be punished, if death 
                results to one or more of the victims, by death or such 
                other punishment as a military commission under this 
                chapter may direct, and, if death does not result to 
                any of the victims, by such punishment, other than 
                death, as a military commission under this chapter may 
                direct.
                    ``(B) Serious bodily injury defined.--In this 
                paragraph, the term `serious bodily injury' means 
                bodily injury which involves--
                            ``(i) a substantial risk of death;
                            ``(ii) extreme physical pain;
                            ``(iii) protracted and obvious 
                        disfigurement; or
                            ``(iv) protracted loss or impairment of the 
                        function of a bodily member, organ, or mental 
                        faculty.
            ``(14) Mutilating or maiming.--Any person subject to this 
        chapter who intentionally injures one or more protected persons 
        by disfiguring the person or persons by any mutilation of the 
        person or persons, or by permanently disabling any member, 
        limb, or organ of the body of the person or persons, without 
        any legitimate medical or dental purpose, shall be punished, if 
        death results to one or more of the victims, by death or such 
        other punishment as a military commission under this chapter 
        may direct, and, if death does not result to any of the 
        victims, by such punishment, other than death, as a military 
        commission under this chapter may direct.
            ``(15) Murder in violation of the law of war.--Any person 
        subject to this chapter who intentionally kills one or more 
        persons, including privileged belligerents, in violation of the 
        law of war shall be punished by death or such other punishment 
        as a military commission under this chapter may direct.
            ``(16) Destruction of property in violation of the law of 
        war.--Any person subject to this chapter who intentionally 
        destroys property belonging to another person in violation of 
        the law of war shall punished as a military commission under 
        this chapter may direct.
            ``(17) Using treachery or perfidy.--Any person subject to 
        this chapter who, after inviting the confidence or belief of 
        one or more persons that they were entitled to, or obliged to 
        accord, protection under the law of war, intentionally makes 
        use of that confidence or belief in killing, injuring, or 
        capturing such person or persons shall be punished, if death 
        results to one or more of the victims, by death or such other 
        punishment as a military commission under this chapter may 
        direct, and, if death does not result to any of the victims, by 
        such punishment, other than death, as a military commission 
        under this chapter may direct.
            ``(18) Improperly using a flag of truce.--Any person 
        subject to this chapter who uses a flag of truce to feign an 
        intention to negotiate, surrender, or otherwise suspend 
        hostilities when there is no such intention shall be punished 
        as a military commission under this chapter may direct.
            ``(19) Improperly using a distinctive emblem.--Any person 
        subject to this chapter who intentionally uses a distinctive 
        emblem recognized by the law of war for combatant purposes in a 
        manner prohibited by the law of war shall be punished as a 
        military commission under this chapter may direct.
            ``(20) Intentionally mistreating a dead body.--Any person 
        subject to this chapter who intentionally mistreats the body of 
        a dead person, without justification by legitimate military 
        necessary, shall be punished as a military commission under 
        this chapter may direct.
            ``(21) Rape.--Any person subject to this chapter who 
        forcibly or with coercion or threat of force wrongfully invades 
        the body of a person by penetrating, however slightly, the anal 
        or genital opening of the victim with any part of the body of 
        the accused, or with any foreign object, shall be punished as a 
        military commission under this chapter may direct.
            ``(22) Sexual assault or abuse.--Any person subject to this 
        chapter who forcibly or with coercion or threat of force 
        engages in sexual contact with one or more persons, or causes 
        one or more persons to engage in sexual contact, shall be 
        punished as a military commission under this chapter may direct
            ``(23) Hijacking or hazarding a vessel or aircraft.--Any 
        person subject to this chapter who intentionally seizes, 
        exercises unauthorized control over, or endangers the safe 
        navigation of a vessel or aircraft that is not a legitimate 
        military objective shall be punished, if death results to one 
        or more of the victims, by death or such other punishment as a 
        military commission under this chapter may direct, and, if 
        death does not result to any of the victims, by such 
        punishment, other than death, as a military commission under 
        this chapter may direct.
            ``(24) Terrorism.--Any person subject to this chapter who 
        intentionally kills or inflicts great bodily harm on one or 
        more protected persons, or intentionally engages in an act that 
        evinces a wanton disregard for human life, in a manner 
        calculated to influence or affect the conduct of government or 
        civilian population by intimidation or coercion, or to 
        retaliate against government conduct, shall be punished, if 
        death results to one or more of the victims, by death or such 
        other punishment as a military commission under this chapter 
        may direct, and, if death does not result to any of the 
        victims, by such punishment, other than death, as a military 
        commission under this chapter may direct.
            ``(25) Providing material support for terrorism.--
                    ``(A) Offense.--Any person subject to this chapter 
                who provides material support or resources, knowing or 
                intending that they are to be used in preparation for, 
                or in carrying out, an act of terrorism (as set forth 
                in paragraph (23) of this section), or who 
                intentionally provides material support or resources to 
                an international terrorist organization engaged in 
                hostilities against the United States, knowing that 
                such organization has engaged or engages in terrorism 
                (as so set forth), shall be punished as a military 
                commission under this chapter may direct.
                    ``(B) Material support or resources defined.--In 
                this paragraph, the term `material support or 
                resources' has the meaning given that term in section 
                2339A(b) of title 18.
            ``(26) Wrongfully aiding the enemy.--Any person subject to 
        this chapter who, in breach of an allegiance or duty to the 
        United States, knowingly and intentionally aids an enemy of the 
        United States, or one of the co-belligerents of the enemy, 
        shall be punished as a military commission under this chapter 
        may direct.
            ``(27) Spying.--Any person subject to this chapter who, in 
        violation of the law of war and with intent or reason to 
        believe that it is to be used to the injury of the United 
        States or to the advantage of a foreign power, collects or 
        attempts to collect information by clandestine means or while 
        acting under false pretenses, for the purpose of conveying such 
        information to an enemy of the United States, or one of the co-
        belligerents of the enemy, shall be punished by death or such 
        other punishment as a military commission under this chapter 
        may direct.
            ``(28) Contempt.--A military commission under this chapter 
        may punish for contempt any person who uses any menacing word, 
        sign, or gesture in its presence, or who disturbs its 
        proceedings by any riot or disorder.
            ``(29) Perjury and obstruction of justice.--A military 
        commission under this chapter may try offenses and impose such 
        punishment as the military commission may direct for perjury, 
        false testimony, or obstruction of justice related to the 
        military commission.''.
    (b) Conforming Amendment.--Paragraph (13) of section 802 of title 
10, United States Code (article 2 of the Uniform Code of Military 
Justice), is amended to read as follows:
            ``(13) Privileged belligerents (as that term is defined 
        section 948a(3) of this title) who violate the law of war.''.
    (c) Proceedings Under Prior Statute.--
            (1) Prior convictions.--The amendments made by subsection 
        (a) shall have no effect on the validity of any conviction 
        pursuant to chapter 47A of title 10, United States Code, as 
        such chapter was in effect on the day before the date of the 
        enactment of this Act.
            (2) Composition of military commissions.--Notwithstanding 
        the amendments made by subsection (a)--
                    (A) any commission convened pursuant to chapter 47A 
                of title 10, United States Code, as such chapter was in 
                effect on the day before the date of the enactment of 
                this Act, shall be deemed to have been convened 
                pursuant to chapter 47A of title 10, United States 
                Code, as amended by subsection (a);
                    (B) any member of the Armed Forces detailed to 
                serve on a commission pursuant to chapter 47A of title 
                10, United States Code, as in effect on the day before 
                the date of the enactment of this Act, shall be deemed 
                to have been detailed pursuant to chapter 47A of title 
                10, United States Code, as so amended;
                    (C) any military judge detailed to a commission 
                pursuant to chapter 47A of title 10, United States 
                Code, as in effect on the day before the date of the 
                enactment of this Act, shall be deemed to have been 
                detailed pursuant to chapter 47A of title 10, United 
                States Code, as so amended;
                    (D) any trial counsel or defense counsel detailed 
                for a commission pursuant to chapter 47A of title 10, 
                United States Code, as in effect on the day before the 
                date of the enactment of this Act, shall be deemed to 
                have been detailed pursuant to chapter 47A of title 10, 
                United States Code, as so amended; and
                    (E) any court reporters detailed to or employed by 
                a commission pursuant to chapter 47A of title 10, 
                United States Code, as in effect on the day before the 
                date of the enactment of this Act, shall be deemed to 
                have been detailed or employed pursuant to chapter 47A 
                of title 10, United States Code, as so amended.
            (3) Charges and specifications.--Notwithstanding the 
        amendments made by subsection (a)--
                    (A) any charges or specifications sworn or referred 
                pursuant to chapter 47A of title 10, United States 
                Code, as such chapter was in effect on the day before 
                the date of the enactment of this Act, shall be deemed 
                to have been sworn or referred pursuant to chapter 47A 
                of title 10, United States Code, as amended by 
                subsection (a); and
                    (B) any charges or specifications described in 
                subparagraph (A) may be amended, without prejudice, as 
                needed to properly allege jurisdiction under chapter 
                47A of title 10, United States Code, as so amended, and 
                crimes triable under such chapter.
            (4) Procedures and requirements.--Except as provided in 
        paragraphs (1) through (3), any commission convened pursuant to 
        chapter 47A of title 10, United States Code, as such chapter 
        was in effect on the day before the date of the enactment of 
        this Act, shall be conducted after the date of the enactment of 
        this Act in accordance with the procedures and requirements of 
        chapter 47A of title 10, United States Code, as amended by 
        subsection (a).
    (d) Notice to Congress.--
            (1) Initial rules.--Not later than 90 days after the date 
        of the enactment of this Act, the Secretary of Defense shall 
        submit to the Committees on Armed Services of the Senate and 
        the House of Representatives a report setting for the 
        procedures for military commissions prescribed under chapter 
        47A of title 10, United States Code, as amended by subsection 
        (a).
            (2) Changes to procedures.--Not later than 60 days before 
        the date on which any proposed modification of the regulations 
        in effect for military commissions under Chapter 47A of title 
        10, United States Code, as so amended, goes into effect, the 
        Secretary of Defense shall submit to the Committees on Armed 
        Services of the Senate and the House of Representatives a 
        report describing the modification.

                  Subtitle E--Medical Facility Matters

SEC. 1041. SHORT TITLE.

    This subtitle may be cited as the ``Captain James A. Lovell Federal 
Health Care Center Act of 2009''.

SEC. 1042. EXECUTIVE AGREEMENT.

    (a) Executive Agreement Required.--Not later than 180 days after 
the date of the enactment of this Act, the Secretary of Defense, in 
consultation with the Secretary of the Navy, and the Secretary of 
Veterans Affairs shall execute a signed executive agreement for the 
joint use by the Department of Defense and the Department of Veterans 
Affairs of the following:
            (1) A new Navy ambulatory care center (on which 
        construction commenced in July 2008), parking structure, and 
        supporting structures and facilities in North Chicago, 
        Illinois, and Great Lakes, Illinois.
            (2) Medical personal property and equipment relating to the 
        center, structures, and facilities described in paragraph (1).
    (b) Scope.--The agreement required by subsection (a) shall--
            (1) be a binding operational agreement on matters under the 
        areas specified in section 706 of the Duncan Hunter National 
        Defense Authorization Act for Fiscal Year 2009 (Public Law 110-
        417; 122 Stat. 4500); and
            (2) contain additional terms and conditions as required by 
        the provisions of this title.

SEC. 1043. TRANSFER OF PROPERTY.

    (a) Transfer.--
            (1) Transfer authorized.--The Secretary of Defense, acting 
        through the Administrator of General Services, may transfer, 
        without reimbursement, to the Secretary of Veterans Affairs 
        jurisdiction over the center, structures, facilities, and 
        property and equipment covered by the executive agreement under 
        section 1042.
            (2) Date of transfer.--The transfer authorized by paragraph 
        (1) may not occur before the earlier of--
                    (A) the date that is five years after the date of 
                the execution under section 1042 of the executive 
                agreement required by that section; or
                    (B) the date of the completion of such specific 
                benchmarks relating to the joint use by the Department 
                of Defense and the Department of Veterans Affairs of 
                the Navy ambulatory care center described in section 
                1042(a)(1) as the Secretary of Defense (in consultation 
                with the Secretary of the Navy) and Secretary of the 
                Department of Veterans Affairs shall jointly establish 
                for purposes of this section not later than 180 days 
                after the date of the enactment of this Act.
            (3) Delay of transfer for completion of construction.--If 
        construction on the center, structures, and facilities 
        described in paragraph (1) is not complete as of the date 
        specified in subparagraph (A) or (B) of that paragraph, as 
        applicable, the transfer of the center, structures, and 
        facilities under that paragraph may occur thereafter upon 
        completion of the construction.
            (4) Discharge of transfer.--The Administrator of General 
        Services shall effectualize and memorialize the transfer as 
        authorized by this subsection not later than 30 days after 
        receipt of the request for the transfer.
            (5) Designation of facility.--The center, structures, 
        facilities transferred under this subsection shall be 
        designated and known after transfer under this subsection as 
        the ``Captain James A. Lovell Federal Health Care Center''.
    (b) Reversion.--
            (1) In general.--If any of the real and related personal 
        property transferred pursuant to subsection (a) is subsequently 
        used for purposes other than those specified in the executive 
        agreement required by section 1042, or is otherwise jointly 
        determined by the Secretary of Defense and the Secretary of 
        Veterans Affairs to be excess to the needs of the Captain James 
        A. Lovell Federal Health Care Center, the Secretary of Veterans 
        Affairs shall offer to transfer jurisdiction over such 
        property, without reimbursement, to the Secretary of Defense. 
        Any such transfer shall be carried out by the Administrator of 
        General Services not later than one year after the acceptance 
        of the offer of such transfer, plus such additional time as the 
        Administrator may require to effectuate and memorialize such 
        transfer.
            (2) Reversion in event of lack of facilities integration.--
                    (A) Within initial period.--During the five-year 
                period beginning on the date of the transfer of real 
                and related personal property pursuant to subsection 
                (a), if the Secretary of Veterans Affairs, the 
                Secretary of Defense, and the Secretary of Navy jointly 
                determine that the integration of the facilities 
                transferred pursuant to that subsection should not 
                continue, jurisdiction over such real and related 
                personal property shall be transferred, without 
                reimbursement, to the Secretary of Defense. The 
                transfer under this subparagraph shall be carried out 
                by the Administrator of General Services not later than 
                180 days after the date of the determination by the 
                Secretaries, plus such additional time as the 
                Administrator may require to effectuate and memorialize 
                such transfer.
                    (B) After initial period.--After the end of the 
                five-year period described in subparagraph (A), if the 
                Secretary of Veterans Affairs or the Secretary of 
                Defense determines that the integration of the 
                facilities transferred pursuant to subsection (a) 
                should not continue, the Secretary of Veterans Affairs 
                shall transfer, without reimbursement, to the Secretary 
                of Defense jurisdiction over the real and related 
                personal property described in subparagraph (A). Any 
                transfer under this subparagraph shall be carried out 
                by the Administrator of General Services not later than 
                one year after the date of the determination by the 
                applicable Secretary, plus such additional time as the 
                Administrator may require to effectuate and memorialize 
                such transfer.
                    (C) Reversion procedures.--The executive agreement 
                required by section 1042 shall provide the following:
                            (i) Specific procedures for the reversion 
                        of real and related personal property, as 
                        appropriate, transferred pursuant to subsection 
                        (a) to ensure the continuing accomplishment by 
                        the Department of Defense and the Department of 
                        Veterans Affairs of their missions in the event 
                        that the integration of facilities described 
                        transferred pursuant to that subsection (a) is 
                        not completed or a reversion of property occurs 
                        under subparagraph (A) or (B).
                            (ii) In the event of a reversion under this 
                        paragraph, the transfer from the Department of 
                        Veterans Affairs to the Department of Defense 
                        of associated functions including appropriate 
                        resources, civilian positions, and personnel, 
                        in a manner that will not result in adverse 
                        impact to the missions of Department of Defense 
                        or the Department of Veterans Affairs.

SEC. 1044. TRANSFER OF CIVILIAN PERSONNEL OF THE DEPARTMENT OF DEFENSE.

    (a) Transfer of Functions.--The Secretary of Defense and the 
Secretary of the Navy may transfer to the Secretary of Veterans Affairs 
functions necessary for the effective operation of the Captain James A. 
Lovell Federal Health Care Center. The Secretary of Veterans Affairs 
may accept any functions so transferred.
    (b) Terms.--
            (1) Executive agreement.--Any transfer of functions under 
        subsection (a) shall be carried out as provided in the 
        executive agreement required by section 1042. The functions to 
        be so transferred shall be identified utilizing the provisions 
        of section 3503 of title 5, United States Code.
            (2) Elements.--In providing for the transfer of functions 
        under subsection (a), the executive agreement required by 
        section 1042 shall provide for the following:
                    (A) The transfer of civilian employee positions of 
                the Department of Defense identified in the executive 
                agreement to the Department of Veterans Affairs, and of 
                the incumbent civilian employees in such positions, and 
                the transition of the employees so transferred to the 
                pay, benefits, and personnel systems that apply to 
                employees of the Department of Veterans Affairs (to the 
                extent that different systems apply).
                    (B) The transition of employees so transferred to 
                the pay systems of the Department of Veterans Affairs 
                in a manner which will not result in any reduction in 
                an employee's regular rate of compensation (including 
                basic pay, locality pay, any physician comparability 
                allowance, and any other fixed and recurring pay 
                supplement) at the time of transition.
                    (C) The continuation after transfer of the same 
                employment status for employees so transferred who have 
                already successfully completed or are in the process of 
                completing a one-year probationary period under title 
                5, United States Code, notwithstanding the provisions 
                of section 7403(b)(1) of title 38, United States Code.
                    (D) The extension of collective bargaining rights 
                under title 5, United States Code, to employees so 
                transferred in positions listed in subsection 7421(b) 
                of title 38, United States Code, notwithstanding the 
                provisions of section 7422 of title 38, United States 
                Code, for a two-year period beginning on the effective 
                date of the executive agreement.
                    (E) At the end of the two-year period beginning on 
                the effective date of the executive agreement, for the 
                following actions by the Secretary of Veterans Affairs 
                with respect to the extension of collective bargaining 
                rights under subparagraph (D):
                            (i) Consideration of the impact of the 
                        extension of such rights.
                            (ii) Consultation with exclusive employee 
                        representatives of the transferred employees 
                        about such impact.
                            (iii) Determination, after consultation 
                        with the Secretary of Defense and the Secretary 
                        of the Navy, whether the extension of such 
                        rights should be terminated, modified, or kept 
                        in effect.
                            (iv) Submittal to Congress of a notice 
                        regarding the determination made under clause 
                        (iii).
                    (F) The recognition after transfer of each 
                transferred physician's and dentist's total number of 
                years of service as a physician or dentist in the 
                Department of Defense for purposes of calculating such 
                employee's rate of base pay, notwithstanding the 
                provisions of section 7431(b)(3) of title 38, United 
                States Code.
                    (G) The preservation of the seniority of the 
                employees so transferred for all pay purposes.
    (c) Retention of Department of Defense Employment Authority.--
Notwithstanding subsections (a) and (b), the Department of Defense may 
employ civilian personnel at the Captain James Lovell Federal Health 
Care Center if the Secretary of the Navy, or a designee of the 
Secretary, determines it is necessary and appropriate to meet mission 
requirements of the Department of the Navy.

SEC. 1045. JOINT FUNDING AUTHORITY FOR THE CAPTAIN JAMES A. LOVELL 
              FEDERAL HEALTH CARE CENTER.

    (a) In General.--The Department of Veterans Affairs/Department of 
Defense Health-Care Resources Sharing Committee under section 8111(b) 
of title 38, United States Code, may provide for the joint funding of 
the Captain James A. Lovell Federal Health Care Center in accordance 
with the provisions of this section.
    (b) Health Care Center Fund.--
            (1) Establishment.--There is established on the books of 
        the Treasury under the Department of Veterans Affairs a fund to 
        be known as the ``Captain James A. Lovell Federal Health Care 
        Center Fund'' (in this section referred to as the ``Fund'').
            (2) Elements.--The Fund shall consist of the following:
                    (A) Amounts transferred to the Fund by the 
                Secretary of Defense, in consultation with the 
                Secretary of the Navy, from amounts authorized to be 
                appropriated for the Department of Defense.
                    (B) Amounts transferred to the Fund by the 
                Secretary of Veterans Affairs from amounts authorized 
                to be appropriated for the Department of Veterans 
                Affairs.
                    (C) Amounts transferred to the Fund from medical 
                care collections under paragraph (4).
            (3) Determination of amounts transferred generally.--The 
        amount transferred to the Fund by each of the Secretary of 
        Defense and the Secretary of Veterans Affairs under 
        subparagraphs (A) and (B), as applicable, of paragraph (2) each 
        fiscal year shall be such amount, as determined by a 
        methodology jointly established by the Secretary of Defense and 
        the Secretary of Veterans Affairs for purposes of this 
        subsection, that reflects the mission-specific activities, 
        workload, and costs of provision of health care at the Captain 
        James A. Lovell Federal Health Care Center of the Department of 
        Defense and the Department of Veterans Affairs, respectively.
            (4) Transfers from medical care collections.--
                    (A) In general.--Amounts collected under the 
                authorities specified in subparagraph (B) for health 
                care provided at the Captain James A. Lovell Federal 
                Health Care Center may be transferred to the Fund under 
                paragraph (2)(C).
                    (B) Authorities.--The authorities specified in this 
                subparagraph are the following:
                            (i) Section 1095 of title 10, United States 
                        Code.
                            (ii) Section 1729 of title 38, United 
                        States Code.
                            (iii) Public Law 87-693, popularly known as 
                        the ``Federal Medical Care Recovery Act'' (42 
                        U.S.C. 2651 et seq.).
            (5) Administration.--The Fund shall be administered in 
        accordance with such provisions of the executive agreement 
        required by section 1042 as the Secretary of Defense and the 
        Secretary of Veterans Affairs shall jointly include in the 
        executive agreement. Such provisions shall provide for an 
        independent review of the methodology established under 
        paragraph (3).
    (c) Availability.--
            (1) In general.--Funds transferred to the Fund under 
        subsection (b) shall be available to fund the operations of the 
        Captain James A. Lovell Federal Health Care Center, including 
        capital equipment, real property maintenance, and minor 
        construction projects that are not required to be specifically 
        authorized by law under section 2805 of title 10, United States 
        Code, or section 8104 of title 38, United States Code.
            (2) Limitation.--The availability of funds transferred to 
        the Fund under subsection (b)(2)(C) shall be subject to the 
        provisions of section 1729A of title 38, United States Code.
            (3) Period of availability.--
                    (A) In general.--Except as provided in subparagraph 
                (B), funds transferred to the Fund under subsection (b) 
                shall be available under paragraph (1) for one fiscal 
                year after transfer.
                    (B) Exception.--Of an amount transferred to the 
                Fund under subsection (b), an amount not to exceed two 
                percent of such amount shall be available under 
                paragraph (1) for two fiscal years after transfer.
    (d) Financial Reconciliation.--The executive agreement required by 
section 1042 shall provide for the development and implementation of an 
integrated financial reconciliation process that meets the fiscal 
reconciliation requirements of the Department of Defense, the 
Department of the Navy, and the Department of Veterans Affairs. The 
process shall permit each of the Department of Defense, the Department 
of Navy, and the Department of Veterans Affairs to identify their 
fiscal contributions to the Fund, taking into consideration accounting, 
workload, and financial management differences.
    (e) Annual Report.--The Secretary of Defense, in consultation with 
the Secretary of the Navy, and the Secretary of Veterans Affairs shall 
jointly provide for an annual independent review of the Fund for at 
least three years after the date of the enactment of this Act. Such 
review shall include detailed statements of the uses of amounts of the 
Fund and an evaluation of the adequacy of the proportional share 
contributed to the Fund by each of the Secretary of Defense and the 
Secretary of Veterans Affairs.
    (f) Termination.--The authorities in this section shall terminate 
on September 30, 2015.

SEC. 1046. ELIGIBILITY OF MEMBERS OF THE UNIFORMED SERVICES FOR CARE 
              AND SERVICES AT THE CAPTAIN JAMES A. LOVELL FEDERAL 
              HEALTH CARE CENTER.

    (a) In General.--For purposes of eligibility for health care under 
chapter 55 of title 10, United States Code, the Captain James A. Lovell 
Federal Health Care Center may be treated as a facility of the 
uniformed services to the extent provided under subsection (b) in the 
executive agreement required by section 1042.
    (b) Additional Elements.--The executive agreement required by 
section 1042 may include provisions as follows:
            (1) To establish an integrated priority list for access to 
        health care at the Captain James A. Lovell Federal Health Care 
        Center, which list shall--
                    (A) integrate the respective health care priority 
                lists of the Secretary of Defense and the Secretary of 
                Veterans Affairs; and
                    (B) take into account categories of beneficiaries, 
                enrollment program status, and such other matters as 
                the Secretary of Defense and the Secretary of Veterans 
                Affairs jointly consider appropriate.
            (2) To incorporate any resource-related limitations for 
        access to health care at the Captain James A. Lovell Federal 
        Health Care Center that the Secretary of Defense may establish 
        for purposes of administering space-available eligibility for 
        care in facilities of the uniformed services under chapter 55 
        of title 10, United States Code.
            (3) To allocate financial responsibility for care provided 
        at the Captain James A. Lovell Federal Health Care Center for 
        individuals who are eligible for care under both chapter 55 of 
        title 10, United States Code, and title 38, United States Code.
            (4) To waive the applicability to the Captain James A. 
        Lovell Federal Health Care Center of any provision of section 
        8111(e) of title 38, United States Code, that the Secretary of 
        Defense and the Secretary of Veterans Affairs shall jointly 
        specify.

SEC. 1047. EXTENSION OF DOD-VA HEALTH CARE SHARING INCENTIVE FUND.

    Section 8111(d)(3) of title 38, United States Code, is amended by 
striking ``September 30, 2010'' and inserting ``September 30, 2015''.

  Subtitle F--Miscellaneous Requirements, Authorities, and Limitations

SEC. 1051. CONGRESSIONAL EARMARKS RELATING TO THE DEPARTMENT OF 
              DEFENSE.

    (a) Report on Recurring Earmarks.--
            (1) Report required.--Not later than 180 days after the 
        date of the enactment of this Act, the Secretary of Defense 
        shall submit to the congressional defense committees a report 
        setting forth a list of each congressional earmark that has 
        been included in a national defense authorization Act for three 
        or more consecutive fiscal years as of the national defense 
        authorization Act for fiscal year 2010.
            (2) Elements.--The report required by paragraph (1) shall 
        include the following:
                    (A) A description of the extent to which 
                competitive or merit-based procedures were used to 
                award funding, or to enter into a contract, grant, or 
                other agreement, pursuant to each congressional earmark 
                listed in the report.
                    (B) An identification of the specific contracting 
                vehicle used for each such earmark.
                    (C) In the case of any congressional earmark listed 
                in the report for which competitive or merit-based 
                procedures were not used to award funding, or to enter 
                the contract, grant, or other agreement, a statement of 
                the reasons competitive or merit-based procedures were 
                not used.
    (b) DoD Inspector General Audit of Earmarks.--The Inspector General 
of the Department of Defense shall conduct an audit of contracts, 
grants, or other agreements pursuant to congressional earmarks of 
Department of Defense funds to determine whether or not the recipients 
of such earmarks are complying with requirements of Federal law on the 
use of appropriated funds to influence, whether directly or indirectly, 
congressional action on any legislation or appropriation matter pending 
before Congress.
    (c) Definitions.--In this section:
            (1) The term ``congressional earmark'' means any 
        congressionally directed spending item (Senate) or 
        congressional earmark (House of Representatives) on the list 
        published in compliance with rule XLIV of the Standing Rules of 
        the Senate or rule XXI of the Rules of the House of 
        Representatives.
            (2) The term ``national defense authorization Act'' means 
        an Act authorizing funds for a fiscal year for the military 
        activities of the Department of Defense, and for other 
        purposes.

SEC. 1052. NATIONAL STRATEGIC FIVE-YEAR PLAN FOR IMPROVING THE NUCLEAR 
              FORENSIC AND ATTRIBUTION CAPABILITIES OF THE UNITED 
              STATES.

    (a) In General.--The President, with the participation of the 
officials specified in subsection (c), shall develop a national 
strategic plan for improving over a five-year period the nuclear 
forensic and attribution capabilities of the United States and the 
methods, capabilities, and capacity for nuclear materials forensics and 
attribution.
    (b) Elements.--The plan required under subsection (a) shall include 
the following:
            (1) An investment plan to support nuclear materials 
        forensics and attribution.
            (2) Recommendations with respect to--
                    (A) the allocation of roles and responsibilities 
                for pre-detonation, detonation, and post-detonation 
                activities; and
                    (B) methods for the attribution of nuclear or 
                radiological material to the source when such material 
                is intercepted by the United States, foreign 
                governments, or international bodies or is dispersed in 
                the course of a terrorist attack or other nuclear or 
                radiological explosion.
    (c) Officials.--The officials specified in this subsection are the 
following:
            (1) The Secretary of Homeland Security.
            (2) The Secretary of Defense.
            (3) The Secretary of Energy.
            (4) The Attorney General.
            (5) The Secretary of State.
            (6) The Director of National Intelligence.
            (7) Such other officials as the President considers 
        appropriate.
    (d) Submittal to Congress.--Not later than 180 days after the date 
of the enactment of this Act, the President shall submit to Congress 
the plan required under subsection (a).

SEC. 1053. ONE-YEAR EXTENSION OF AUTHORITY TO OFFER AND MAKE REWARDS 
              FOR ASSISTANCE IN COMBATING TERRORISM THROUGH GOVERNMENT 
              PERSONNEL OF ALLIED FORCES.

    Section 127b(c)(3)(C) of title 10, United States Code, is amended 
by striking ``September, 30, 2009'' and inserting ``September, 30, 
2010''.

SEC. 1054. BUSINESS PROCESS REENGINEERING.

    (a) New Programs.--Section 2222 of title 10, United States Code, is 
amended--
            (1) in subsection (a)--
                    (A) by redesignating paragraphs (1) and (2) as 
                paragraphs (2) and (3), respectively;
                    (B) by inserting before paragraph (2), as 
                redesignated by subparagraph (A) of this subsection, 
                the following new paragraph (1):
            ``(1) the appropriate chief management officer for the 
        defense business system modernization has determined whether or 
        not--
                    ``(A) the defense business system modernization is 
                in compliance with the enterprise architecture 
                developed under subsection (c); and
                    ``(B) appropriate business process reengineering 
                efforts have been undertaken to ensure that--
                            ``(i) the business process to be supported 
                        by the defense business system modernization 
                        will be as streamlined and efficient as 
                        practicable; and
                            ``(ii) the need to tailor commercial-off-
                        the-shelf systems to meet unique requirements 
                        or incorporate unique interfaces has been 
                        eliminated or reduced to the maximum extent 
                        practicable;'';
                    (C) in paragraph (2), as redesignated by 
                subparagraph (A) of this subsection, by striking 
                subparagraph (A) and inserting the following new 
                subparagraph (A):
                    ``(A) has been determined by the appropriate chief 
                management officer to be in compliance with the 
                requirements of paragraph (1);''; and
                    (D) in paragraph (3), as redesignated by 
                subparagraph (A) of this paragraph, by striking ``the 
                certification by the approval authority is'' and 
                inserting ``the certification by the approval authority 
                and the determination by the chief management officer 
                are''; and
            (2) in subsection (f)--
                    (A) by redesignating paragraphs (1) through (5) as 
                subparagraphs (A) through (E), respectively;
                    (B) by inserting ``(1)'' before ``The Secretary of 
                Defense'';
                    (C) in subparagraph (E) of paragraph (1), as 
                designated by this paragraph, by striking ``paragraphs 
                (1) through (4)'' and inserting ``subparagraphs (A) 
                through (D)''; and
                    (D) by adding at the end the following new 
                paragraph (2):
    ``(2) For purposes of subsection (a), the appropriate chief 
management officer for a defense business system modernization is as 
follows:
            ``(A) In the case of an Army program, the Chief Management 
        Officer of the Army.
            ``(B) In the case of a Navy program, the Chief Management 
        Officer of the Navy.
            ``(C) In the case of an Air Force program, the Chief 
        Management Officer of the Air Force.
            ``(D) In the case of a program of a Defense Agency, the 
        Deputy Chief Management Officer of the Department of Defense.
            ``(E) In the case of a program that will support the 
        business processes of more than one military department or 
        Defense Agency, the Deputy Chief Management Officer of the 
        Department of Defense.''.
    (b) Ongoing Programs.--
            (1) In general.--Not later than one year after the date of 
        the enactment of this Act, the appropriate chief management 
        officer for each defense business system modernization approved 
        by the Defense Business Systems Management Committee before the 
        date of the enactment of this Act that will have a total cost 
        in excess of $100,000,000 shall review such defense business 
        system modernization to determine whether or not appropriate 
        business process reengineering efforts have been undertaken to 
        ensure that--
                    (A) the business process to be supported by such 
                defense business system modernization will be as 
                streamlined and efficient as practicable; and
                    (B) the need to tailor commercial-off-the-shelf 
                systems to meet unique requirements or incorporate 
                unique interfaces has been eliminated or reduced to the 
                maximum extent practicable.
            (2) Action on finding of lack of reengineering efforts.--If 
        the appropriate chief management officer determines that 
        appropriate business process reengineering efforts have not 
        been undertaken with regard to a defense business system 
        modernization as described in paragraph (1), that chief 
        management officer--
                    (A) shall develop a plan to undertake business 
                process reengineering efforts with respect to the 
                defense business system modernization; and
                    (B) may direct that the defense business system 
                modernization be restructured or terminated, if 
                necessary to meet the requirements of paragraph (1).
            (3) Definitions.--In this subsection:
                    (A) The term ``appropriate chief management 
                officer'', with respect to a defense business system 
                modernization, has the meaning given that term in 
                paragraph (2) of subsection (f) of section 2222 of 
                title 10, United States Code (as amended by subsection 
                (a)(2) of this section).
                    (B) The term ``defense business system 
                modernization'' has the meaning given that term in 
                subsection (j)(3) of section 2222 of title 10, United 
                States Code.

SEC. 1055. RESPONSIBILITY FOR PREPARATION OF BIENNIAL GLOBAL 
              POSITIONING SYSTEM REPORT.

    (a) In General.--Section 2281(d) of title 10, United States Code, 
is amended--
            (1) in paragraph (1)--
                    (A) by striking ``the Secretary of Defense'' and 
                inserting ``the Secretary of Commerce''; and
                    (B) by striking ``the Committee on Armed Services 
                of the Senate and the Committee on Armed Services of 
                the House of Representatives'' and inserting 
                ``Congress''; and
            (2) by striking paragraph (2) and inserting the following 
        new paragraph (2):
    ``(2) In preparing each report required under paragraph (1), the 
Secretary of Commerce shall consult with the Secretary of Defense, the 
Secretary of State, the Secretary of Transportation, and the Secretary 
of Homeland Security.''.
    (b) Technical Amendments.--Paragraph (1)(B)(ii) of such section is 
amended--
            (1) by inserting ``validated'' before ``performance 
        requirements''; and
            (2) by inserting ``in accordance with Office of Management 
        and Budget Circular A-109'' after ``Plan''.

SEC. 1056. ADDITIONAL SUBPOENA AUTHORITY FOR THE INSPECTOR GENERAL OF 
              THE DEPARTMENT OF DEFENSE.

    Section 8 of the Inspector General Act of 1978 (5 U.S.C. App. 8) is 
amended by adding at the end the following new subsection:
    ``(i)(1) The Inspector General of the Department of Defense is 
authorized to require by subpoena the attendance and testimony of 
witnesses necessary to carry out an audit or investigation pursuant to 
the authorities of this Act.
    ``(2) A subpoena issued under this subsection, in the case of 
contumacy or refusal to obey, shall be enforceable by order of any 
appropriate United States district court.
    ``(3) The Inspector General shall consult with the Attorney General 
before issuing any subpoena under this section, and shall not proceed 
with the issuance of such a subpoena if the Attorney General 
objects.''.

SEC. 1057. REPORTS ON BANDWIDTH REQUIREMENTS FOR MAJOR DEFENSE 
              ACQUISITION PROGRAMS AND MAJOR SYSTEM ACQUISITION 
              PROGRAMS.

    Section 1047(d) of the Duncan Hunter National Defense Authorization 
Act for Fiscal Year 2009 (Public Law 110-417; 122 Stat. 4603; 10 U.S.C. 
2366b note) is amended--
            (1) by redesignating paragraphs (1) and (2) as 
        subparagraphs (A) and (B), respectively, and by indenting such 
        subparagraphs, as so redesignated, four ems from the left 
        margin;
            (2) by striking ``The Secretary'' and inserting the 
        following:
            ``(1) In general.--The Secretary''; and
            (3) by adding at the end the following:
            ``(2) Reports.--Not later than January 1 each year, the 
        Secretary of Defense and the Director of National Intelligence 
        shall each submit to the congressional defense committees, the 
        Select Committee on Intelligence of the Senate, and the 
        Permanent Select Committee on Intelligence of the House of 
        Representatives a report on any determinations made under 
        paragraph (1) with respect to meeting the bandwidth 
        requirements for major defense acquisition programs and major 
        system acquisition programs during the preceding fiscal 
        year.''.

SEC. 1058. MULTIYEAR CONTRACTS UNDER PILOT PROGRAM ON COMMERCIAL FEE-
              FOR-SERVICE AIR REFUELING SUPPORT FOR THE AIR FORCE.

    (a) Multiyear Contracts Authorized.--The Secretary of the Air Force 
may enter into one or more multiyear contracts, beginning with the 
fiscal year 2011 program year, for purposes of conducting the pilot 
program on utilizing commercial fee-for-service air refueling tanker 
aircraft for Air Force operations required by section 1081 of the 
National Defense Authorization Act for Fiscal Year 2008 (Public Law 
110-181; 122 Stat. 335).
    (b) Compliance With Law Applicable to Multiyear Contracts.--Any 
contract entered into under subsection (a) shall be entered into in 
accordance with the provisions of section 2306c of title 10, United 
States Code, except that--
            (1) the term of the contract may not be more than 8 years;
            (2) notwithstanding subsection 2306c(b) of title 10, United 
        States Code, the authority under subsection 2306c(a) of title 
        10, United States Code, shall apply to the fee-for-service air 
        refueling pilot program;
            (3) the contract may contain a clause setting forth a 
        cancellation ceiling in excess of $100,000,000; and
            (4) the contract may provide for an unfunded contingent 
        liability in excess of $20,000,000.
    (c) Compliance With Law Applicable to Service Contracts.--A 
contract entered into under subsection (a) shall be entered into in 
accordance with the provisions of section 2401 of title 10, United 
States Code, except that--
            (1) the Secretary shall not be required to certify to the 
        congressional defense committees that the contract is the most 
        cost-effective means of obtaining commercial fee-for-service 
        air refueling tanker aircraft for Air Force operations; and
            (2) the Secretary shall not be required to certify to the 
        congressional defense committees that there is no alternative 
        for meeting urgent operational requirements other than making 
        the contract.
    (d) Limitation on Amount.--The amount of a contract under 
subsection (a) may not exceed $999,999,999.
    (e) Provision of Government Insurance.--A commercial air operator 
contracting with the Department of Defense under the pilot program 
referred to in subsection (a) shall be eligible to receive government 
provided insurance pursuant to chapter 443 of title 49, United States 
Code, if commercial insurance is unavailable on reasonable terms and 
conditions.

                          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.

    (a) In General.--The Director of National Intelligence shall 
prepare a national intelligence estimate (NIE) on the following:
            (1) The nuclear weapons programs and any related programs 
        of countries that are non-nuclear-weapons state parties to the 
        Treaty on Non-Proliferation of Nuclear Weapons, done at 
        Washington, London, and Moscow July 1, 1968, and entered into 
        force March 5, 1970 (commonly known as the ``Nuclear Non-
        Proliferation Treaty'') and countries that are not parties to 
        the Treaty.
            (2) The nuclear weapons aspirations of such non-state 
        entities as the Director considers appropriate to include in 
        the estimate.
    (b) Elements.--The national intelligence estimate required under 
subsection (a) shall include, with respect to each country described in 
subsection (a)(1) and each non-state entity referred to in subsection 
(a)(2), the following:
            (1) A statement of the number of nuclear weapons possessed 
        by such country or non-state entity.
            (2) An estimate of the total number of nuclear weapons that 
        such country or non-state entity seeks to obtain and, in the 
        case of such non-state entity, an assessment of the extent to 
        which such non-state entity is seeking to develop a nuclear 
        weapon or device or radiological dispersion device.
            (3) A description of the technical characteristics of any 
        nuclear weapons possessed by such country or non-state entity.
            (4) A description of nuclear weapons designs available to 
        such country or non-state entity.
            (5) A description of any sources of assistance with respect 
        to nuclear weapons design provided to such country or non-state 
        entity.
            (6) An assessment of the annual capability of such country 
        and non-state entity to produce new or newly designed nuclear 
        weapons.
            (7) A description of the type of fissile materials used in 
        any nuclear weapons possessed by such country or non-state 
        entity.
            (8) An description of the location and production 
        capability of any fissile materials production facilities in 
        such country or controlled by such non-state entity, the 
        current status of any such facilities, and any plans by such 
        country or non-state entity to develop such facilities.
            (9) An identification of the source of any fissile 
        materials used by such country or non-state entity, if such 
        materials are not produced in facilities referred to in 
        paragraph (8).
            (10) A description of any delivery systems available to 
        such country or non-state entity and an assessment of whether 
        nuclear warheads have been mated to any such delivery system.
            (11) An assessment of the physical security of the storage 
        facilities for nuclear weapons in such country or controlled by 
        such non-state entity.
            (12) An assessment of whether such country or non-state 
        entity is modernizing or otherwise improving the safety, 
        security, and reliability of the nuclear weapons stockpile of 
        such country or non-state entity.
            (13) In the case of a country, an assessment of the policy 
        of such country on the employment and use of nuclear weapons.
    (c) Submittal to Congress.--
            (1) In general.--Except as provided in paragraph (2), the 
        Director of National Intelligence shall submit to the 
        congressional defense committees, the Select Committee on 
        Intelligence of the Senate, and the Permanent Select Committee 
        on Intelligence of the House of Representatives the national 
        intelligence estimate required under subsection (a) by not 
        later than September 1, 2010.
            (2) Notification of delay in submittal.--If the Director of 
        National Intelligence determines that it will not be possible 
        for the Director to submit the national intelligence estimate 
        by September 1, 2010, the Director shall, not later than August 
        1, 2010, submit to the committees specified in paragraph (1) a 
        notice--
                    (A) that the national intelligence estimate will 
                not be submitted by September 1, 2010; and
                    (B) setting forth the date by which the Director 
                will submit the national intelligence estimate.

SEC. 1072. COMPTROLLER GENERAL OF THE UNITED STATES ASSESSMENT OF 
              MILITARY WHISTLEBLOWER PROTECTIONS.

    (a) Review.--The Comptroller General of the United States shall 
conduct a review of military whistleblower protections afforded to 
members of the Armed Services by the Department of Defense. The review 
shall include an analysis of the following:
            (1) A sample of military whistleblower cases at the Office 
        of the Inspector General of the Department of Defense, as well 
        as one or more Offices of the Inspector General of a military 
        department (as selected by the Comptroller General for the 
        purposes of this section).
            (2) Department-wide efforts to educate and inform members 
        of the Armed Forces about the protections provided to them 
        under section 1034 of title 10, United States Code.
    (b) Report.--Not later than December 1, 2009, the Comptroller 
General shall submit a report on the review and analysis conducted 
under subsection (a) to the Chairman and Ranking Minority Member of 
each of the following:
            (1) The Committees on Armed Services, Homeland Security and 
        Governmental Affairs, and the Judiciary of the Senate.
            (2) The Committees on Armed Services, Homeland Security, 
        and the Judiciary of the House of Representatives.

                       Subtitle H--Other Matters

SEC. 1081. TRANSFER OF NAVY AIRCRAFT N40VT.

    (a) Authority To Transfer.--
            (1) Authority.--Subject to all applicable Federal laws and 
        regulations controlling the disposition of Federal property, 
        the Secretary of the Navy may transfer to Piasecki Aircraft 
        Corporation of Essington, Pennsylvania (in this section 
        referred to as the ``transferee''), Navy aircraft N40VT (Bureau 
        Number 163283) and associated components, test equipment, and 
        engines, previously specified as Government-furnished equipment 
        in contract N00019-00-C-0284.
            (2) Written agreement.--The transfer under this subsection 
        shall be made by means of a written agreement.
            (3) Applicable law.--The transfer or use of military 
        equipment is subject to all applicable United State laws and 
        regulations, including, but not limited to, the Arms Export 
        Control Act, the Export Administration Act of 1979, continued 
        under Executive Order 12924, International Traffic in Arms 
        Regulations (22 C.F.R. 120 et seq.), Export Administration 
        Regulations (15 C.F.R. 730 et seq.), Foreign Assets Control 
        Regulations (31 C.F.R. 500 et seq.), and the Espionage Act.
    (b) Certification Required for Disposal of Combatant Military 
Equipment.--No military equipment described by subsection (a) that is 
military equipment of a combatant command may be transferred under 
subsection (a) unless the Chief of Staff of the Army, the Chief of 
Naval Operations, the Chief of Staff of the Air Force, or the 
Commandant of the Marine Corps, as applicable, certifies that such 
equipment is not essential to the defense of the United States.
    (c) Condition of Equipment To Be Transferred.--The military 
equipment transferred under subsection (a) shall be transferred in its 
current ``as is'' condition. The Secretary is not required to repair or 
alter the condition of any military equipment before transferring any 
interest in such equipment under subsection (a).
    (d) Transfer at No Cost to the United States.--The transfer of 
military equipment under subsection (a) shall be made at no cost to the 
United States. Any costs associated with the transfer shall be borne by 
the transferee.
    (e) Government Rights.--The Secretary shall include in the written 
agreement under subsection (a)(2) such terms and conditions as the 
Secretary considers appropriate--
            (1) to permit the United States to use any future 
        technologies derived from testing of military equipment 
        transferred under subsection (a), including upon the transfer 
        of such military equipment to a successor in interest of the 
        transferee; and
            (2) to retain for the Government all technical data rights 
        associated with military equipment transferred under subsection 
        (a).
    (f) Consideration.--As consideration for the transfer of military 
equipment under subsection (a), the transferee shall provide 
compensation to the United States, the value of which is equal to the 
fair market value of such military equipment, as determined by the 
Secretary. The Secretary may not delegate the authority to make the 
determination required by the preceding sentence.
    (g) No Liability for the United States.--Upon the transfer of 
military equipment under subsection (a), the United States shall not be 
liable for any death, injury, loss, or damage that results from the use 
of such military equipment by any person other than the United States.
    (h) Reverter Upon Breach of Conditions.--The Secretary shall 
include in the written agreement under subsection (a)(2) the following:
            (1) A condition that the transferee not transfer any 
        interest in, or transfer possession of, the military equipment 
        transferred under subsection (a) to any other party without the 
        prior written approval of the Secretary.
            (2) A condition that the transferee operate or maintain, as 
        applicable, the military equipment transferred under subsection 
        (a) in compliance with all applicable limitations and 
        maintenance requirements under law.
            (3) A condition that if the Secretary determines at any 
        time that the transferee has failed to comply with a condition 
        set forth in paragraph (1) or (2), all right, title, and 
        interest in and to the military equipment transferred under 
        subsection (a), including any repair or alteration of the 
        military equipment by the transferee or otherwise, shall revert 
        to the United States, and the United States shall have the 
        right of immediate possession of the military equipment.
    (i) Limitation on Transfer Pending Notice to Congress.--
            (1) Limitation.--A transfer of military equipment under 
        subsection (a) may not occur until--
                    (A) notice of the proposal to make the transfer is 
                sent to Congress; and
                    (B) 60 days of continuous session of Congress have 
                expired following the date on which such notice is sent 
                to Congress.
            (2) Calculation of continuous session.--For purposes of 
        paragraph (1)(B), the continuity of a session of Congress is 
        broken only by an adjournment of the Congress sine die, and the 
        days on which the either House is not in session because of 
        adjournment of more than 3 days to a day certain are excluded 
        in the computation of such 60-day period.
    (j) Additional Terms and Conditions.--The Secretary may require 
such additional terms and conditions in connection with a transfer 
under subsection (a) as the Secretary considers appropriate to protect 
the interests of the United States.

SEC. 1082. TRANSFER OF BIG CROW AIRCRAFT.

    (a) In General.--The Secretary of the Air Force may convey to an 
appropriate private entity the right, title, and interest of the United 
States in and to the Big Crow aircraft referred to in subsection (b) in 
order to permit the continuation of the purpose of such aircraft at the 
time of their retirement in and through such private entity after 
conveyance if the Secretary and the Under Secretary of Defense for 
Acquisition, Technology, and Logistics jointly determine that it is in 
the interests of the Department of Defense to do so.
    (b) Covered Big Crow Aircraft.--The Big Crow aircraft referred to 
in this subsection are the recently-retired aircraft as follows:
            (1) Big Crow aircraft NC-135E, tail number 55-3132.
            (2) Big Crow aircraft NC-135B, tail number 63-8050.
    (c) Conditions of Conveyance.--
            (1) In general.--Any conveyance of Big Crow aircraft under 
        subsection (a) shall be for such consideration as the Secretary 
        considers appropriate. The Secretary shall provide for any 
        aircraft so conveyed to be conveyed in ``as-is'' condition at 
        the time of conveyance, with all classified and other sensitive 
        equipment removed from such aircraft before conveyance.
            (2) No liability for the united states.--Notwithstanding 
        any other provision of law, upon the conveyance of a Big Crow 
        aircraft under subsection (a), the United States shall not be 
        liable for any death, injury, loss, or damage that results from 
        the use of the aircraft by any person other than the United 
        States.
    (d) Additional Terms and Conditions.--The Secretary may require 
such additional terms and conditions in connection with a conveyance 
under this section as the Secretary considers appropriate to protect 
the interests of the United States.

                  TITLE XI--CIVILIAN PERSONNEL MATTERS

SEC. 1101. REPEAL OF NATIONAL SECURITY PERSONNEL SYSTEM; DEPARTMENT OF 
              DEFENSE PERSONNEL AUTHORITIES.

    (a) Repeal of Authority To Establish National Security Personnel 
System.--Section 9902 of title 5, United States Code, is amended--
            (1) by striking subsections (a), (b), (c), (d), (e), (i), 
        and (j); and
            (2) by redesignating subsections (f), (g), and (h) as 
        subsections (d), (e), and (f) respectively.
    (b) Period for Termination of National Security Personnel System.--
            (1) Applicability of prior law to units in nsps.--
        Notwithstanding the amendments made by this section, the 
        provisions of section 9902 of title 5, United States Code, as 
        in effect on the day before the date of the enactment of this 
        Act, shall apply to organizational and functional units 
        included in the National Security Personnel System as of 
        January 20, 2009, for a period of one year after the date of 
        the enactment of this Act.
            (2) Transition of units from nsps.--The Secretary of 
        Defense shall ensure the orderly transition of all 
        organizational and functional units covered by paragraph (1) 
        from the National Security Personnel System by not later than 
        one year after the date of the enactment of this Act. The 
        Secretary shall ensure that no employee is subject to a 
        reduction in pay as a result of such transition.
            (3) Removal of limitation on pay adjustment.--
        Notwithstanding section 9902(e)(7) of title 5, United States 
        Code (as in effect on the day before the date of the enactment 
        of this Act), at the time of any annual adjustment to pay 
        schedules pursuant to section 5303 of such title during the 
        transitional period provided in paragraph (1), the rate of 
        basic pay for each employee described in section 9902(e)(7), as 
        so in effect, shall be adjusted by 100 percent of the amount of 
        such adjustment.
            (4) Current rules invalid.--Any rule or implementing 
        issuance adopted before the date of the enactment of this Act 
        to implement any provision of section 9902 of title 5, United 
        States Code (other than subsections (d), (e), and (f) of such 
        section (as redesignated by subsection (a)(2))), shall cease to 
        be effective on the date that is one year after the date of the 
        enactment of this Act.
    (c) Authority Relating to Personnel Management and Workforce 
Incentives.--Section 9902 of such title is further amended by inserting 
before subsection (d), as redesignated by subsection (a)(2) of this 
section, the following new subsections:
    ``(a) Personnel Management.--(1) The Secretary may waive the 
requirements of chapter 33, and the regulations implementing such 
chapter, to the extent the Secretary considers appropriate to establish 
and implement regulations providing for the following:
            ``(A) Fair, credible, and transparent methods of 
        establishing qualification requirements for, recruitment for, 
        and appointments to employment positions.
            ``(B) Fair, credible, and transparent methods of assigning, 
        reassigning, detailing, transferring, or promoting employees.
    ``(2) In implementing this subsection, the Secretary shall comply 
with the provisions of section 2302(b)(11), regarding veterans' 
preference requirements, in a manner comparable to that in which such 
provisions are applied under chapter 33.
    ``(3) Any action taken by the Secretary under this subsection, or 
to implement this subsection, shall be subject to the requirements 
subsection (c) and chapter 71.
    ``(b) Performance Management and Workforce Incentives.--(1) The 
Secretary may waive the requirements of chapters 43 (other than 
sections 4302 and 4303(e)) and 45, and the regulations implementing 
such chapters, to the extent the Secretary considers appropriate to 
establish and implement regulations providing for the following:
            ``(A) A fair, credible, and transparent performance 
        appraisal system for employees.
            ``(B) A fair, credible, and transparent system for linking 
        employee bonuses and other performance-based actions to 
        performance appraisals of employees.
            ``(C) A process for ensuring ongoing performance feedback 
        and dialogue among supervisors, managers, and employees 
        throughout the appraisal period and setting timetables for 
        review.
    ``(2)(A) The Secretary may establish a fund to be known as the 
`Department of Defense Civilian Workforce Incentive Fund' (in this 
paragraph referred to as the `Fund').
    ``(B) The Fund shall consist of the following:
            ``(i) Amounts appropriated to the Fund.
            ``(ii) Amounts available for compensation of employees that 
        are transferred to the Fund.
    ``(C) Amounts in the Fund shall be available as follows:
            ``(i) For incentive payments to employees based on 
        individual or team performance.
            ``(ii) For incentive payments to employees for purposes of 
        the employment and retention as employees of qualified 
        individuals with particular competencies or qualifications.
    ``(3) Any action taken by the Secretary under this subsection, or 
to implement this subsection, shall be subject to the requirements of 
subsection (c) and chapter 71.
    ``(c) Criteria for Use of New Personnel Authorities.--In 
establishing any new personnel management system under subsection (a) 
or new performance management and workforce incentive system under 
subsection (b), the Secretary shall--
            ``(1) adhere to merit principles set forth in section 2301;
            ``(2) include a means for ensuring employee involvement in 
        the design and implementation of such system;
            ``(3) provide for adequate training and retraining for 
        supervisors, managers, and employees in the implementation and 
        operation of such system;
            ``(4) include effective transparency and accountability 
        measures and safeguards to ensure that the management of such 
        system is fair, credible, and equitable, including appropriate 
        independent reasonableness reviews, internal assessments, and 
        employee surveys; and
            ``(5) ensure that adequate agency resources are allocated 
        for the design, implementation, and administration of such 
        system.''.
    (d) Conforming Clerical Amendments.--
            (1) Heading amendment.--The heading of such section is 
        amended to read as follows:
``Sec. 9902. Department of Defense personnel authorities''.
            (2) Clerical amendment.--The table of sections at the 
        beginning of chapter 99 of such title is amended by striking 
        the item relating to section 9902 and inserting the following 
        new item:

``9902. Department of Defense personnel authorities.''.
    (e) Modification of Implementation Authorities and Limitations.--
Section 1106 of the National Defense Authorization Act for Fiscal Year 
2008 (Public Law 110-181; 122 Stat. 349) is amended--
            (1) by striking subsection (b);
            (2) by redesignating subsection (c) as subsection (b); and
            (3) in subsection (b), as redesignated by paragraph (2)--
                    (A) by striking paragraph (1) and inserting the 
                following new paragraph (1):
            ``(1) The Comptroller General shall conduct annual reviews 
        in calendar years 2010, 2011, and 2012 of--
                    ``(A) employee satisfaction with any processes 
                established pursuant to regulations promulgated by the 
                Secretary of Defense pursuant to section 9902 of title 
                5, United States Code; and
                    ``(B) the extent to which any processes so 
                established are fair, credible, and transparent, as 
                required by such section 9902.''; and
                    (B) in paragraph (2), by striking ``the National 
                Security Personnel System'' and inserting ``any 
                processes established pursuant to such regulations''.
    (f) Additional Conforming Amendment.--Section 1108(b) of the Duncan 
Hunter National Defense Authorization Act for Fiscal Year 2009 (Public 
Law 110-417; 122 Stat. 4618; 10 U.S.C. 1580 note) is amended by 
striking ``identified in section 9902(c)(2) of title 5, United States 
Code.'' and inserting ``as follows:
            ``(1) The Aviation and Missile Research Development and 
        Engineering Center.
            ``(2) The Army Research Laboratory.
            ``(3) The Medical Research and Materiel Command.
            ``(4) The Engineer Research and Development Command.
            ``(5) The Communications-Electronics Command.
            ``(6) The Soldier and Biological Chemical Command.
            ``(7) The Naval Sea Systems Command Centers.
            ``(8) The Naval Research Laboratory.
            ``(9) The Office of Naval Research.
            ``(10) The Air Force Research Laboratory.''.
    (g) Waiver.--Subsection (a) through (f) of this section and the 
amendments made by such subsections shall not take effect if, not later 
than 60 days after the date of the enactment of this Act, the Secretary 
of Defense submits to the Committees on Armed Services of the Senate 
and the House of Representatives, the Committee on Homeland Security 
and Governmental Affairs of the Senate, and the Committee on Oversight 
and Government Reform of the House of Representatives a report that 
includes--
            (1) a certification that--
                    (A) the termination of the National Security 
                Personnel System would not be in the best interest of 
                the Department of Defense;
                    (B) the Secretary intends to implement changes 
                during fiscal year 2010 to improve the fairness, 
                credibility, and transparency of the National Security 
                Personnel System; and
                    (C) the Secretary has determined that the changes 
                to be made pursuant to subparagraph (B) will result in 
                improved employee acceptance of the National Security 
                Personnel System; and
            (2) a description of the changes that the Secretary intends 
        to implement and the schedule for implementing such changes.
    (h) Expansion Prohibited.--If the Secretary of Defense submits a 
report and certification under subsection (g) and the National Security 
Personnel System is not terminated, the National Security Personnel 
System may not be extended to organizational and functional units of 
the Department of Defense not included in such system as of June 1, 
2009, unless specifically authorized by statute enacted after the date 
of the enactment of this Act.

SEC. 1102. EXTENSION AND MODIFICATION OF EXPERIMENTAL PERSONNEL 
              MANAGEMENT PROGRAM FOR SCIENTIFIC AND TECHNICAL 
              PERSONNEL.

    (a) Three-year Extension.--Subsection (e)(1) of section 1101 of the 
Strom Thurmond National Defense Authorization Act for Fiscal Year 1999 
(5 U.S.C. 3104 note) is amended by striking ``September 30, 2011'' and 
inserting ``September 30, 2014''.
    (b) Limitations on Additional Payments.--Such section is further 
amended--
            (1) in subsection (b)(3), by striking ``under subsection 
        (d)(1)'' and inserting ``under subsection (d)''; and
            (2) by striking subsection (d) and inserting the following 
        new subsection (d):
    ``(d) Limitations on Additional Payments.--(1) Subject to paragraph 
(3), the total amount of additional payments paid to an employee under 
subsection (b)(3) for any 12-month period may not exceed the lesser of 
the amounts as follows:
            ``(A) $50,000 in fiscal year 2010, which may be adjusted 
        annually thereafter by the Secretary, with a percentage 
        increase equal to one-half of 1 percentage point less than the 
        percentage by which the Employment Cost Index, published 
        quarterly by the Bureau of Labor Statistics, for the base 
        quarter of the year before the preceding calendar year exceeds 
        the Employment Cost Index for the base quarter of the second 
        year before the preceding calendar year.
            ``(B) The amount equal to 50 percent of the employee's 
        annual rate of basic pay.
    ``(2) In paragraph (1), the term `base quarter' has the meaning 
given that term in section 5302(3) of title 5, United States Code.
    ``(3) Notwithstanding any other provision of this section or 
section 5307 of title 5, United States Code, no additional payments may 
be paid to an employee under subsection (b)(3) in any calendar year if, 
or to the extent that, the employee's total annual compensation in such 
calendar year will exceed the maximum amount of total annual 
compensation payable at the salary set in accordance with section 104 
of title 3, United States Code.
    ``(4) An employee appointed under the program is not eligible for 
any bonus, monetary award, or other monetary incentive for service 
under the appointment other than payments authorized by this 
section.''.
    (c) Reporting Requirements.--Paragraph (1) of subsection (g) of 
such section is amended to read as follows:
    ``(1)(A) Not later than December 31 each year in which the 
authority under this section is in effect, the Secretary of Defense 
shall submit to the committees of Congress specified in subparagraph 
(B) a report on the program. Each report shall cover the 12-month 
period preceding the date of the submittal of such report.
    ``(B) The committees of Congress specified in this subparagraph 
are--
            ``(i) the Committee on Armed Services, the Committee on 
        Homeland Security and Governmental Affairs, and the Committee 
        on Appropriations of the Senate; and
            ``(ii) the Committee on Armed Services, the Committee on 
        Oversight and Government Reform, and the Committee on 
        Appropriations of the House of Representatives''.

SEC. 1103. ONE-YEAR EXTENSION OF AUTHORITY TO WAIVE ANNUAL LIMITATION 
              ON PREMIUM PAY AND AGGREGATE LIMITATION ON PAY FOR 
              FEDERAL CIVILIAN EMPLOYEES WORKING OVERSEAS.

    (a) Extension of Authority.--Subsection (a) of section 1101 of the 
Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 
(Public Law 110-417; 122 Stat. 4615) is amended by striking ``calendar 
year 2009'' and inserting ``calendar years 2009 and 2010''.
    (b) Clarification of Exemption From Aggregate Limitations on Pay.--
Subsection (b) of such section is amended by striking ``Section 5307 of 
title 5, United States Code'' and inserting ``Aggregate limitations on 
pay, whether established by law or regulation''.

SEC. 1104. AVAILABILITY OF FUNDS FOR COMPENSATION OF CERTAIN CIVILIAN 
              EMPLOYEES OF THE DEPARTMENT OF DEFENSE.

    (a) Availability of Funds.--Notwithstanding any other provision of 
law, funds authorized to be appropriated for the Department of Defense 
that are available for the purchase of contract services to meet a 
requirement that is anticipated to continue for five years or more 
shall be available to provide compensation for civilian employees of 
the Department to meet the same requirement.
    (b) Regulations.--Not later than 120 days after the date of the 
enactment of this Act, the Secretary shall prescribe regulations 
implementing the authority in subsection (a). Such regulations--
            (1) shall ensure that the authority in subsection (a) is 
        utilized to build government capabilities that are needed to 
        perform inherently governmental functions, functions closely 
        associated with inherently governmental functions, and other 
        critical functions;
            (2) shall include a mechanism to ensure that follow-on 
        funding to provide compensation for civilian employees of the 
        Department to perform functions described in paragraph (1) is 
        provided from appropriate accounts; and
            (3) may establish additional criteria and levels of 
        approval within the Department for the utilization of funds to 
        provide compensation for civilian employees of the Department 
        pursuant to subsection (a).
    (c) Annual Report.--Not later than 60 days after the end of each 
fiscal year for which the authority in subsection (a) is in effect, the 
Secretary shall submit to the congressional defense committees a report 
on the use of such authority. Each report shall cover the preceding 
fiscal year and shall identify, at a minimum, the following:
            (1) The amount of funds used under the authority in 
        subsection (a) to provide compensation for civilian employees.
            (2) The source or sources of the funds so used.
            (3) The number of civilian employees employed through the 
        use of such funds.
            (4) The actions taken by the Secretary to ensure that 
        follow-on funding for such civilian employees is provided 
        through appropriate accounts.
    (d) Temporary Authority.--The authority in subsection (a) shall 
apply to funds authorized to be appropriated for the Department of 
Defense fiscal years 2010 through 2019.

SEC. 1105. DEPARTMENT OF DEFENSE CIVILIAN LEADERSHIP PROGRAM.

    (a) Leadership Program Required.--
            (1) In general.--Not later than 180 days after the date of 
        the enactment of this Act, the Secretary of Defense shall 
        establish a program of leadership recruitment and development 
        for civilian employees of the Department of Defense, to be 
        known as the ``Department of Defense Civilian Leadership 
        Program'' (in this section referred to as the ``program'').
            (2) Objectives.--The objectives of the program shall be as 
        follows:
                    (A) To develop a new generation of civilian leaders 
                for the Department of Defense.
                    (B) To recruit individuals with the academic merit, 
                work experience, and demonstrated leadership skills to 
                meet the future needs of the Department.
                    (C) To offer rapid advancement, competitive 
                compensation, and leadership opportunities to highly-
                qualified civilian employees of the Department.
            (3) Available authorities.--In carrying out the program, 
        the Secretary may exercise any authority available to the 
        Office of Personnel Management under section 4703 of title 5, 
        United States Code, except that the Secretary shall not be 
        bound by the limitations in subsection (d) of such section. 
        Nothing in this section shall be construed to authorize the 
        waiver of any part of chapter 71 of title 5, United States 
        Code, or any regulation implementing such chapter, in the 
        carrying out of the program.
    (b) Eligible Individuals.--
            (1) In general.--The following individuals shall be 
        eligible to participate in the program:
                    (A) Current employees of the Department of Defense.
                    (B) Appropriate individuals in the private sector.
            (2) Limitation on number of entrants into program.--The 
        total number of individuals who may enter into the program in 
        any fiscal year may not exceed 5,000.
    (c) Elements of Program.--
            (1) Competitive entry.--The selection of individuals for 
        entry into the program shall be made on the basis of a 
        competition conducted at least twice each year. In each 
        competition, participants in the program shall be selected from 
        among applicants determined by the Secretary to be the most 
        highly qualified in terms of academic merit, work experience, 
        and demonstrated leadership skills. Each competition shall 
        provide for entry-level participants and midcareer participants 
        in the program.
            (2) Allocation of positions.--The Secretary shall allocate 
        positions in the program among the components of the Department 
        of Defense that--
                    (A) offer the most challenging assignments;
                    (B) provide the greatest level of responsibility; 
                and
                    (C) demonstrate the greatest need for participants 
                in the program.
            (3) Assignments to positions.--Participants in the program 
        shall be assigned to components of the Department that best 
        match their skills and qualifications. Participants in the 
        program may be rotated among components of the Department of 
        Defense at the discretion of the Secretary.
            (4) Initial compensation.--The initial compensation of 
        participants in the program shall be determined by the 
        Secretary based on the qualifications of such participants and 
        applicable market conditions.
            (5) Education and training.--The Secretary shall provide 
        participants in the program with training, mentoring, and 
        educational opportunities that are appropriate to facilitate 
        the development of such participants into effective civilian 
        leaders for the Department of Defense.
            (6) Objective, merit-based principles for personnel 
        decisions.--The Secretary shall make personnel decisions under 
        the program in accordance with such objective, merit-based 
        criteria as the Secretary shall prescribe in regulations for 
        purposes of the program. Such criteria shall include, but not 
        be limited to, criteria applicable to the following:
                    (A) The selection of individuals for entry into the 
                program.
                    (B) The assignment of participants in the program 
                to positions in the Department of Defense.
                    (C) The initial compensation of participants in the 
                program.
                    (D) The access of participants in the program to 
                training, mentoring, and educational opportunities 
                under the program.
                    (E) The consideration of participants in the 
                program for selection into the senior management, 
                functional, and technical workforce of the Department.
            (7) Consideration for senior management, functional, and 
        technical workforce.--Any participant in the program who, as 
        determined by the Secretary, demonstrates outstanding 
        performance shall be afforded priority in consideration for 
        selection into the appropriate element of the senior 
        management, functional, and technical workforce of the 
        Department of Defense (as set forth in section 1102(b) of the 
        John Warner National Defense Authorization Act for Fiscal Year 
        2007 (Public Law 109-364; 120 Stat. 2407)).

SEC. 1106. REVIEW OF DEFENSE LABORATORIES FOR PARTICIPATION IN DEFENSE 
              LABORATORY PERSONNEL DEMONSTRATION PROJECTS.

    (a) Review Required.--The Secretary of Defense shall undertake a 
review of defense laboratories not currently included in personnel 
demonstration projects authorized by section 342(b) of the National 
Defense Authorization Act for Fiscal Year 1995 (Public Law 103-337; 108 
Stat. 2721), as amended by section 1114 of the Floyd D. Spence National 
Defense Authorization Act for Fiscal Year 2001 (as enacted into law by 
Public Law 106-398; 114 Stat. 1654A-315), to determine whether or not 
any laboratory so reviewed would benefit from the extension to such 
laboratory of the personnel management flexibilities available under 
such section 342(b), as so amended.
    (b) Covered Laboratories.--The laboratories covered by the review 
required by subsection (a) shall include, but not be limited to, the 
following:
            (1) Laboratories within the Army Research, Development, and 
        Engineering Command.
            (2) Army Tank and Automotive Research, Development, and 
        Engineering Center.
            (3) Army Armament Research, Development, and Engineering 
        Center.
            (4) Naval Air Warfare Center, Weapons Division.
            (5) Naval Air Warfare Center, Aircraft Division.
            (6) Space and Naval Warfare Systems Center, Pacific.
            (7) Space and Naval Warfare Systems Center, Atlantic.
    (c) Report.--
            (1) In general.--Not later than 90 days after the date of 
        the enactment of this Act, the Secretary shall submit to the 
        appropriate committees of Congress a report setting forth the 
        results of the review required by subsection (a).
            (2) Appropriate committees of congress defined.--In this 
        subsection, the term ``appropriate committees of Congress'' 
        means--
                    (A) the Committee on Armed Services, the Committee 
                on Homeland Security and Governmental Affairs, and the 
                Committee on Appropriations of the Senate; and
                    (B) the Committee on Armed Services, the Committee 
                on Oversight and Government Reform, and the Committee 
                on Appropriations of the House of Representatives.

             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.

    (a) Increase.--
            (1) In general.--Subsection (e)(1)(A) of section 166a of 
        title 10, United States Code, is amended by striking 
        ``$15,000'' and inserting ``the investment unit threshold in 
        effect under section 2245a of this title''.
            (2) Effective date.--The amendment made by paragraph (1) 
        shall take effect on October 1, 2009, and shall apply with 
        respect to funds available under the Combatant Commander 
        Initiative Fund for fiscal years that being on or after that 
        date.
    (b) Clarifying Amendments.--
            (1) Clerical amendment.--The section heading of such 
        section is amended to read as follows:
``Sec. 166a. Combatant commands: funding through the Chairman of the 
              Joint Chiefs of Staff from Combatant Commander Initiative 
              Fund''.
            (2) Table of sections.--The table of sections at the 
        beginning of chapter 6 of such title is amended by striking the 
        item relating to section 166a and inserting the following new 
        item:

``166a. Combatant commands: funding through the Chairman of the Joint 
                            Chiefs of Staff from 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.

    (a) Extension of Authority.--Subsection (a) of section 1051a of 
title 10, United States Code, is amended--
            (1) by striking ``assigned temporarily'' and inserting 
        ``assigned temporarily as follows:'';
            (2) by designating the remainder of the text of that 
        subsection as paragraph (1) and indenting that text two ems 
        from the left margin;
            (3) in paragraph (1), as so designated, by striking ``to 
        the headquarters'' and inserting ``To the headquarters''; and
            (4) by adding at the end the following new paragraph:
            ``(2) To the headquarters of the combatant command assigned 
        by the Secretary of Defense the mission of joint warfighting 
        experimentation and joint forces training.''.
    (b) Effective Date.--Paragraph (2) of section 1051a(a) of title 10, 
United States Code (as added by subsection (a)), shall take effect on 
October 1, 2009, or the date of the enactment of this Act, whichever is 
later.

SEC. 1203. MODIFICATION OF AUTHORITIES RELATING TO PROGRAM TO BUILD THE 
              CAPACITY OF FOREIGN MILITARY FORCES.

    (a) Temporary Limitation on Amount for Building Capacity for 
Military and Stability Operations.--Section 1206(c) of the National 
Defense Authorization Act for Fiscal Year 2006 (Public Law 109-163; 119 
Stat. 3456), as amended by section 1206 of the John Warner National 
Defense Authorization Act for Fiscal Year 2007 (Public Law 109-364; 120 
Stat. 2418) and section 1206 of the Duncan Hunter National Defense 
Authorization Act for Fiscal Year 2009 (Public Law 110-417; 122 Stat. 
4625), is further amended by adding at the end the following new 
paragraph:
            ``(5) Temporary limitation on amount for building capacity 
        to participate in or support military and stability 
        operations.--Of the funds used to carry out a program under 
        subsection (a), not more than $75,000,000 may be used during 
        fiscal year 2010, and not more than $75,000,000 may be used 
        during fiscal year 2011, for purposes described in subsection 
        (a)(1)(B).''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
take effect on October 1, 2009, and shall apply with respect to 
programs under section 1206(a) of the National Defense Authorization 
Act for Fiscal Year 2006 that begin on or after that date.

SEC. 1204. MODIFICATION OF NOTIFICATION AND REPORTING REQUIREMENTS FOR 
              USE OF AUTHORITY FOR SUPPORT OF SPECIAL OPERATIONS TO 
              COMBAT TERRORISM.

    (a) Notification.--Section 1208(c) of the Ronald W. Reagan National 
Defense Authorization Act for Fiscal Year 2005 (Public Law 108-375; 118 
Stat. 2086), as amended by section 1208(b) of the Duncan Hunter 
National Defense Authorization Act for Fiscal Year 2009 (Public Law 
110-417; 122 Stat. 4626), is further amended to read as follows:
    ``(c) Notification.--
            ``(1) Support for foreign forces.--The Secretary of Defense 
        shall notify the congressional defense committees 
        expeditiously, and in any event not later than 48 hours, 
        after--
                    ``(A) using the authority provided in subsection 
                (a) to make funds available for foreign forces in 
                support of an approved military operation; or
                    ``(B) changing the scope or funding level of any 
                such support.
            ``(2) Support for irregular forces, groups, or 
        individuals.--The Secretary of Defense may not exercise the 
        authority provided in subsection (a) to make funds available 
        for irregular forces or a group (other than foreign forces) or 
        individual in support of an approved military operation, or 
        change the scope or funding level of such support, until 72 
        hours after notifying the congressional defense committees of 
        the use of such authority with respect to that operation or 
        such change in scope or funding level.
            ``(3) Content.--Notifications required under this 
        subsection shall include the following information:
                    ``(A) The type of support provided or to be 
                provided to United States special operations forces.
                    ``(B) The type of support provided or to be 
                provided to the recipient of the funds.
                    ``(C) The intended duration of the support.
                    ``(D) The amount obligated under the authority to 
                provide support.''.
    (b) Annual Report.--Section 1208(f) of the Ronald W. Reagan 
National Defense Authorization Act for Fiscal Year 2005 (Public Law 
108-375; 118 Stat. 2086) is amended in the second sentence by striking 
``shall describe the support'' and all that follows through the period 
at the end and inserting ``shall include the following information:
            ``(1) A description of supported operations.
            ``(2) A summary of operations.
            ``(3) The type of recipients that received support, 
        identified by authorized category (foreign forces, irregular 
        forces, groups, or individuals).
            ``(4) The total amount obligated in the previous fiscal 
        year, including budget details.
            ``(5) The total amount obligated in prior fiscal years.
            ``(6) The intended duration of support.
            ``(7) A description of support or training provided to the 
        recipients of support.
            ``(8) A value assessment of the operational support 
        provided.''.

SEC. 1205. MODIFICATION OF AUTHORITY FOR REIMBURSEMENT OF CERTAIN 
              COALITION NATIONS FOR SUPPORT PROVIDED TO UNITED STATES 
              MILITARY OPERATIONS.

    (a) Expansion of Authority.--Section 1233 of the National Defense 
Authorization Act for Fiscal Year 2008 (Public Law 110-181; 122 Stat. 
393) is amended--
            (1) by redesignating subsections (b), (c), and (d) as 
        subsections (c), (d), and (e), respectively; and
            (2) by striking subsection (a) and inserting the following 
        new subsections:
    ``(a) Reimbursement.--
            ``(1) In general.--Using applicable funds referred to in 
        paragraph (2), the Secretary of Defense may reimburse any key 
        cooperating nation for the following:
                    ``(A) During fiscal year 2008, logistical and 
                military support provided by that nation to or in 
                connection with United States military operations in 
                Operation Iraqi Freedom or Operation Enduring Freedom.
                    ``(B) During fiscal year 2010, logistical, 
                military, and other support, including access, provided 
                by that nation to or in connection with United States 
                military operations described in subparagraph (A).
            ``(2) Covered funds.--The funds referred to in this 
        subsection are the following:
                    ``(A) For purposes of paragraph (1)(A), amounts 
                authorized to be appropriated for fiscal year 2008 by 
                section 1508 for operation and maintenance.
                    ``(B) For purposes of paragraph (1)(B), amounts 
                authorized to be appropriated for fiscal year 2010 by 
                section 1507(5) for operation and maintenance, Defense-
                wide activities.
    ``(b) Other Support.--Using funds described in subsection 
(a)(2)(B), the Secretary of Defense may also assist any key cooperating 
nation supporting United States military operations in Operation Iraqi 
Freedom or Operation Enduring Freedom in Afghanistan through the 
following:
            ``(1) The provision of specializing training to personnel 
        of that nation in connection with such operations, including 
        training of such personnel before deployment in connection with 
        such operations.
            ``(2) The procurement and provision of supplies to that 
        nation in connection with such operations.
            ``(3) The procurement of specialized equipment and the 
        loaning of such specialized equipment to that nation on a non-
        reimbursable basis in connection with such operations.''.
    (b) Amounts of Support.--Paragraph (2) of subsection (c) of such 
section, as redesignated by subsection (a)(1) of this section, is 
amended to read as follows:
            ``(2) Support.--Support authorized by subsection (b) may be 
        provided in such amounts as the Secretary of Defense, with the 
        concurrence of the Secretary of State and in consultation with 
        the Director of the Office of Management and Budget, considers 
        appropriate.''.
    (c) Limitations on Amounts During Fiscal Year 2010.--Paragraph (1) 
of subsection (d) of such section, as so redesignated, is amended to 
read as follows:
            ``(1) Limitations on amounts.--(A) The total amount of 
        reimbursements made under the authority in subsection (a) 
        during fiscal year 2008 may not exceed $1,200,000,000.
            ``(B) The aggregate amount of reimbursements made under 
        subsection (a) and support provided under subsection (b) during 
        fiscal year 2010 may not exceed $1,600,000,000.''.
    (d) Notice to Congress.--Subsection (e) of such section, as so 
redesignated, is amended by striking ``shall--'' and all that follows 
and inserting ``shall notify the congressional defense committees not 
later than 15 days before making any reimbursement under the authority 
in subsection (a) or providing any support under the authority in 
subsection (b).''.
    (e) Reports.--Such section is further amended by adding at the end 
the following new subsection:
    ``(f) Reports.--The Secretary of Defense shall submit to the 
congressional defense committees on a quarterly basis a report on any 
reimbursements made under the authority in subsection (a), and any 
support provided under the authority in subsection (b), during such 
quarter.''.
    (f) Extension of Notice on Reimbursement of Pakistan for Support 
Provided by Pakistan.--Section 1232(b)(6) of the National Defense 
Authorization Act for Fiscal Year 2008 (122 Stat. 393), as amended by 
section 1217 of the Duncan Hunter National Defense Authorization Act 
for Fiscal Year 2009 (Public Law 110-417; 122 Stat. 4634), is further 
amended by striking ``September 30, 2010'' and inserting ``September 
30, 2011''.

SEC. 1206. ONE-YEAR EXTENSION AND EXPANSION OF COMMANDERS' EMERGENCY 
              RESPONSE PROGRAM.

    (a) Sense of Congress.--It is the sense of Congress that--
            (1) the Commanders' Emergency Response Program provides 
        United States military commanders in theater a valuable tool 
        for accomplishing the counterinsurgency mission in Iraq and 
        Afghanistan by enabling military commanders to fund urgent 
        humanitarian relief and reconstruction requirements by carrying 
        out programs that will immediately assist the people of those 
        countries; and
            (2) United States military commanders utilizing Commanders' 
        Emergency Response Program funds in Afghanistan, and Provincial 
        Reconstruction Teams in Afghanistan using such funds or other 
        United States humanitarian or reconstruction assistance, should 
        whenever possible coordinate the funding of projects with local 
        councils, particularly Community Development Councils 
        established under the Afghanistan National Solidarity Program, 
        and take actions that promote the importance and effectiveness 
        of local and national government entities.
    (b) One-year Extension of Authority.--
            (1) Authority for fiscal year 2010.--Subsection (a) of 
        section 1202 of the National Defense Authorization Act for 
        Fiscal Year 2006 (Public Law 109-163; 119 Stat. 3455), as 
        amended by section 1205 of the National Defense Authorization 
        Act for Fiscal Year 2008 (Public Law 110-181; 122 Stat. 366) 
        and section 1214 of the Duncan Hunter National Defense 
        Authorization Act for Fiscal Year 2009 (Public Law 110-417; 122 
        Stat. 4630), is further amended--
                    (A) in the subsection heading, by striking ``Fiscal 
                Years 2008 and 2009'' and inserting ``Fiscal Year 
                2010'';
                    (B) by striking ``each of fiscal years 2008 and 
                2009'' and inserting ``fiscal year 2010'';
                    (C) by striking ``for such fiscal year''; and
                    (D) by striking ``$1,700,000,000 in fiscal year 
                2008 and $1,500,000,000 in fiscal year 2009'' and 
                inserting ``$1,400,000,000''.
            (2) Effective date.--The amendments made by paragraph (1) 
        shall take effect on October 1, 2009.
    (c) Extension of Due Date for Quarterly Reports.--Subsection (b)(1) 
of such section is amended--
            (1) by striking ``15 days'' and inserting ``30 days''; and
            (2) by striking ``fiscal years 2008 and 2009'' and 
        inserting ``any fiscal year during which the authority under 
        subsection (a) is in effect''.
    (d) Authority To Transfer Funds for Support of Afghanistan National 
Solidarity Program.--Such section is further amended--
            (1) by redesignating subsection (g) as subsection (h); and
            (2) by inserting after subsection (f) the following new 
        subsection (g):
    ``(g) Authority To Transfer Funds for Support of Afghanistan 
National Solidarity Program.--
            ``(1) Authority.--If the Secretary of Defense determines 
        that the use of Commanders' Emergency Response Program funds to 
        support the Afghanistan National Solidarity Program would 
        enhance counterinsurgency operations or stability operations in 
        Afghanistan, the Secretary of Defense may transfer funds, from 
        amounts available for the Commanders' Emergency Response 
        Program for fiscal year 2010, to the Secretary of State for 
        purposes of supporting the Afghanistan National Solidarity 
        Program.
            ``(2) Limitation.--The amount of funds transferrable under 
        paragraph (1) may not exceed $100,000,000.
            ``(3) Congressional notification.--Not later than 15 days 
        before transferring funds under paragraph (1), the Secretary of 
        Defense shall submit to the congressional defense committees a 
        report setting forth the Secretary's determination pursuant to 
        paragraph (1) and a description of the amount of funds to be 
        transferred under that paragraph.''.
    (e) Technical Amendments.--Subsections (e)(1) and (f)(1) of such 
section are amended by striking ``the date of the enactment of the 
Duncan Hunter National Defense Authorization Act for Fiscal Year 2009'' 
and inserting ``October 14, 2008,''.

SEC. 1207. ONE-YEAR EXTENSION OF AUTHORITY FOR SECURITY AND 
              STABILIZATION ASSISTANCE.

    Section 1207(g) of the National Defense Authorization Act for 
Fiscal Year 2006 (Public Law 109-163; 119 Stat. 3458), as amended by 
section 1210 of the National Defense Authorization Act for Fiscal Year 
2008 (Public Law 110-181; 122 Stat. 369) and section 1207 of the Duncan 
Hunter National Defense Authorization Act for Fiscal Year 2009 (Public 
Law 110-417; 122 Stat. 4625), is further amended by striking 
``September 30, 2009'' and inserting ``September 30, 2010''.

SEC. 1208. AUTHORITY FOR NON-RECIPROCAL EXCHANGES OF DEFENSE PERSONNEL 
              BETWEEN THE UNITED STATES AND FOREIGN COUNTRIES.

    (a) Authority To Enter Into Non-reciprocal International Exchange 
Agreements.--
            (1) In general.--The Secretary of Defense may enter into 
        non-reciprocal international defense personnel exchange 
        agreements.
            (2) International defense personnel exchange agreements 
        defined.--For purposes of this section, an international 
        defense personnel exchange agreement is an agreement with the 
        government of an ally of the United States or another friendly 
        foreign country for the exchange of military and civilian 
        personnel of the defense ministry of that foreign government.
    (b) Assignment of Personnel.--
            (1) In general.--Pursuant to a non-reciprocal international 
        defense personnel exchange agreement, personnel of the defense 
        ministry of a foreign government may be assigned to positions 
        in the Department of Defense.
            (2) Mutual agreement required.--An individual may not be 
        assigned to a position pursuant to a non-reciprocal 
        international defense personnel exchange agreement unless the 
        assignment is acceptable to both governments.
    (c) Payment of Personnel Costs.--
            (1) In general.--The foreign government with which the 
        United States has entered into a non-reciprocal international 
        defense personnel exchange agreement shall pay the salary, per 
        diem, cost of living, travel costs, cost of language or other 
        training, and other costs for its personnel in accordance with 
        the applicable laws and regulations of such government.
            (2) Excluded costs.--Paragraph (1) does not apply to the 
        following costs:
                    (A) The cost of training programs conducted to 
                familiarize, orient, or certify exchanged personnel 
                regarding unique aspects of the assignments of the 
                exchanged personnel.
                    (B) Costs incident to the use of facilities of the 
                United States Government in the performance of assigned 
                duties.
    (d) Prohibited Conditions.--No personnel exchanged pursuant to a 
non-reciprocal agreement under this section may take or be required to 
take an oath of allegiance or to hold an official capacity in the 
government.
    (e) Duration of Authority.--The authority under this section shall 
expire on December 31, 2011.

SEC. 1209. DEFENSE COOPERATION BETWEEN THE UNITED STATES AND IRAQ.

    (a) Findings.--The Senate makes the following findings:
            (1) As United States forces continue their redeployment 
        from Iraq, the quality of the Iraqi Security Forces and the 
        nature of their training and equipment will play an 
        increasingly important role.
            (2) Despite the decrease in violence in Iraq, Iraq 
        continues to face formidable threats to its national security.
            (3) There are many benefits to the United States and Iraq 
        resulting from the strategic relationship that exists between 
        the two nations.
            (4) Enhancing the capabilities of the Iraqi Security Forces 
        and strengthening the defense cooperation between the United 
        States and Iraq will help ensure that Iraq has the military 
        strength and political support necessary to enhance its 
        internal and regional security.
    (b) Availability of Professional Military Education for Iraq 
Security Forces.--The Secretary of Defense shall endeavor to increase 
the number of positions in professional military education courses, 
including courses at command and general staff colleges, war colleges, 
and the service academies, that are made available annually to 
personnel of the security forces of the Government of Iraq.

SEC. 1210. REPORT ON ALTERNATIVES TO USE OF ACQUISITION AND CROSS-
              SERVICING AGREEMENTS TO LEND MILITARY EQUIPMENT FOR 
              PERSONNEL PROTECTION AND SURVIVABILITY.

    (a) Report Required.--Not later than 90 days after the date of the 
enactment of this Act, the Secretary of Defense shall submit to the 
congressional defense committees a report setting forth and assessing 
various alternatives to the use of acquisition and cross-servicing 
agreements pursuant to the temporary authority in section 1202 of the 
John Warner National Defense Authorization Act for Fiscal Year 2007 
(Public Law 109-364; 120 Stat. 2412), as amended by section 1252 of the 
National Defense Authorization Act for Fiscal Year 2008 (Public Law 
110-181; 122 Stat. 402), for purposes of lending covered military 
equipment to military forces of nations as follows:
            (1) A nation participating in combined operations with the 
        United States in Iraq and Afghanistan.
            (2) A nation participating in combined operations with the 
        United States as part of a peacekeeping operation under the 
        Charter of the United Nations or another international 
        agreement.
    (b) Covered Military Equipment Defined.--In this section, the term 
``covered military equipment'' has the meaning given that term in 
section 1202(d)(1) of the John Warner National Defense Authorization 
Act for Fiscal Year 2007.

                          Subtitle B--Reports

SEC. 1221. REPORT ON UNITED STATES ENGAGEMENT WITH IRAN.

    (a) In General.--Not later than January 31, 2010, the President 
shall submit to Congress a report on United States engagement with 
Iran.
    (b) Elements.--The report required by subsection (a) shall include 
the following:
            (1) Diplomatic engagement.--With respect to diplomatic 
        engagement, the following:
                    (A) A description of areas of mutual interest to 
                the Government of the United States and the Government 
                of the Islamic Republic of Iraq in which cooperation 
                and discussion could be of mutual interest.
                    (B) A discussion and assessment of the commitment 
                of the Government of the Islamic Republic of Iran to 
                engage in good-faith discussions with the United States 
                to resolve matters of concern through negotiation.
            (2) Support for terrorism and extremism.--With respect to 
        support for terrorism and extremism, an assessment of the 
        extent to which the Government of the Islamic Republic of Iran 
        has supported or provided weapons, training, funding, or any 
        other type of support or assistance for any designated Foreign 
        Terrorist Organization as well as regional militant groups, and 
        specific assessments of the support provided by the Government 
        of the Islamic Republic of Iran, or agencies under that 
        government, for insurgents or other militant groups in Iraq and 
        Afghanistan.
            (3) Nuclear activities.--With respect to nuclear 
        activities, an assessment of the extent to which the Government 
        of the Islamic Republic of Iran has--
                    (A) complied with United Nations Security Council 
                Resolutions 1696 (2006), 1737 (2006), 1747 (2007), 1803 
                (2008), and 1835 (2008), and with any other applicable 
                Resolutions adopted by the United Nations Security 
                Council as of the date of the report;
                    (B) cooperated with the International Atomic Energy 
                Agency (IAEA), including fulfilling all requests of 
                that Agency for access to information, documentation, 
                locations, and individuals;
                    (C) ratified and implemented the Additional 
                Protocol to Iran's Safeguards Agreement with the 
                International Atomic Energy Agency, as requested by the 
                Board of Governors of the International Atomic Energy 
                Agency and the United Nations Security Council; and
                    (D) committed to stop uranium enrichment activities 
                and forego the reprocessing of spent fuel, the 
                production of heavy water, and the weaponization of 
                fissile materials on a permanent basis.
            (4) Missile activities.--With respect to missile 
        activities, an assessment of the extent to which the Government 
        of the Islamic Republic of Iran has continued development of 
        its ballistic missile program, including participation in any 
        imports or exports of any items, materials, goods, and 
        technologies related to that program and has complied with 
        United Nations Security Council Resolutions 1696, 1737, 1747, 
        1803, and 1835, as required by the United Nations Security 
        Council.
            (5) Support to illegal narcotics network in afghanistan.--
        With respect to support to the illegal narcotics network in 
        Afghanistan, an assessment of the extent to which the 
        Government of the Islamic Republic of Iran, or agencies under 
        that government, has or have supported or facilitated the 
        illegal narcotics trade in Afghanistan.
            (6) Sanctions against iran.--With regard to sanctions 
        against Iran--
                    (A) a list of all current United States bilateral 
                and multilateral sanctions against Iran;
                    (B) a description and discussion of United States 
                diplomatic efforts to enforce bilateral and 
                multilateral sanctions against Iran and to strengthen 
                international efforts to enforce such sanctions;
                    (C) an assessment of the impact and effectiveness 
                of existing bilateral and multilateral sanctions 
                against Iran in achieving United States goals;
                    (D) a list of all United States and foreign 
                registered entities which the Secretary of State has 
                determined to be in violation of existing United States 
                bilateral or multilateral sanctions against Iran;
                    (E) a detailed description of United States efforts 
                to enforce sanctions against Iran, including--
                            (i) a list of all investigations initiated 
                        in the 18-month period ending on the date of 
                        the enactment of this Act that have resulted in 
                        a determination that a violation of sanctions 
                        against Iran has occurred; and
                            (ii) a description of the actions taken by 
                        the United States Government pursuant to each 
                        such determination; and
                    (F) a description of bilateral and multilateral 
                sanctions against Iran that are under consideration, an 
                assessment whether such additional sanctions against 
                Iran would be effective, and, if so, a description of 
                the actions being undertaken to pursue such additional 
                sanctions.
    (c) Submittal in Classified Form.--The report required by 
subsection (a), or any part of such report, may be submitted in 
classified form if the President considers it appropriate.

                       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.

    (a) Findings.--Congress makes the following findings:
            (1) The President announced a new strategy for Afghanistan 
        and Pakistan on March 27, 2009, that calls for a commitment of 
        more resources and a significant increase in the number of 
        United States Armed Forces deployed to the region.
            (2) It is the obligation of the United States Government to 
        the members of the Armed Forces, and to all Americans, that 
        their sacrifices be met by a clear method for evaluating the 
        progress toward achieving the objectives in the new strategy of 
        the Administration.
            (3) The President stated, with reference to the strategy 
        for Afghanistan and Pakistan, that ``going forward, we will not 
        blindly stay the course. Instead, we will set clear metrics to 
        measure progress and hold ourselves accountable. We'll 
        consistently assess our efforts to train Afghan security forces 
        and our progress in combating insurgents. We will measure the 
        growth of Afghanistan's economy, and its illicit narcotics 
        production. And we will review whether we are using the right 
        tools and tactics to make progress towards accomplishing our 
        goals''.
            (4) Since the announcement of the new strategy of the 
        Administration on March 27, 2009, key leaders in the 
        Administration, including in the Department of Defense and 
        Department of State, have testified before Congress that 
        progress measures were needed to evaluate performance toward 
        achieving the strategic objectives of the United States in 
        Afghanistan and Pakistan and that the Administration was 
        undertaking the process of reviewing and developing measures of 
        progress.
            (5) Key leaders in the Administration further assured 
        Congress that the Administration would not only share the 
        measures of progress with Congress, but would also invite 
        review and comment by Congress on proposed measures of 
        progress.
            (6) The establishment of both clear objectives and a means 
        to impartially measure success toward those objectives will 
        expound to the American people what the United States and its 
        partners intend to accomplish in and for Afghanistan and 
        Pakistan.
    (b) Sense of Congress.--It is the sense of Congress that--
            (1) the Administration should, through the coordination of 
        the Departments of Defense and State, expeditiously submit to 
        Congress a comprehensive list of measures of progress with 
        regard to United States strategic objectives in Afghanistan and 
        Pakistan;
            (2) the comprehensive list under paragraph (1) should 
        include newly-established measures of progress as well as such 
        measures of progress previously established pursuant to section 
        1230(d) of the National Defense Authorization Act for Fiscal 
        Year 2008 (Public Law 110-181; 122 Stat. 385) that continue to 
        be relevant to the current United States strategy for 
        Afghanistan and Pakistan;
            (3) the Administration should incorporate the comprehensive 
        list under paragraph (1) with each report submitted under 
        sections 1230 and 1232 of the National Defense Authorization 
        Act for Fiscal Year 2008 (122 Stat. 385, 392) and should 
        review, and if necessary modify, the comprehensive list for 
        each such report; and
            (4) upon submittal to Congress of the reports required by 
        sections 1230 and 1232 of the National Defense Authorization 
        Act for Fiscal Year 2008, the Administration should provide an 
        assessment of each measure of progress by--
                    (A) setting forth the measure of progress being 
                evaluated;
                    (B) providing data used to evaluate the measure of 
                progress;
                    (C) providing an evaluation of the performance of 
                the particular measure of progress; and
                    (D) providing a comprehensive assessment of how the 
                performance of the particular measure of progress 
                hinders or enhances the overall performance toward 
                achieving strategic objectives of the United States in 
                Afghanistan and Pakistan.

                TITLE XIII--COOPERATIVE THREAT REDUCTION

SEC. 1301. SPECIFICATION OF COOPERATIVE THREAT REDUCTION PROGRAMS AND 
              FUNDS.

    (a) Specification of Cooperative Threat Reduction Programs.--For 
purposes of section 301 and other provisions of this Act, Cooperative 
Threat Reduction programs are the programs specified in section 1501 of 
the National Defense Authorization Act for Fiscal Year 1997 (50 U.S.C. 
2362 note).
    (b) Fiscal Year 2010 Cooperative Threat Reduction Funds Defined.--
As used in this title, the term ``fiscal year 2010 Cooperative Threat 
Reduction funds'' means the funds appropriated pursuant to the 
authorization of appropriations in section 301 for Cooperative Threat 
Reduction programs.
    (c) Availability of Funds.--Funds appropriated pursuant to the 
authorization of appropriations in section 301 for Cooperative Threat 
Reduction programs shall be available for obligation for fiscal years 
2010, 2011, and 2012.

SEC. 1302. FUNDING ALLOCATIONS.

    (a) Funding for Specific Purposes.--Of the $424,093,000 authorized 
to be appropriated to the Department of Defense for fiscal year 2010 in 
section 301(a)(20) for Cooperative Threat Reduction programs, the 
following amounts may be obligated for the purposes specified:
            (1) For strategic offensive arms elimination in Russia, 
        $73,385,000.
            (2) For strategic nuclear arms elimination in Ukraine, 
        $6,800,000.
            (3) For nuclear weapons storage security in Russia, 
        $15,090,000.
            (4) For nuclear weapons transportation security in Russia, 
        $46,400,000.
            (5) For weapons of mass destruction proliferation 
        prevention in the states of the former Soviet Union, 
        $90,886,000.
            (6) For biological threat reduction in the states of the 
        former Soviet Union, $152,132,000.
            (7) For chemical weapons destruction, $3,000,000.
            (8) For defense and military contacts, $5,000,000.
            (9) For new Cooperative Threat Reduction initiatives, 
        $10,000,000.
            (10) For activities designated as Other Assessments/
        Administrative Costs, $21,400,000.
    (b) Report on Obligation or Expenditure of Funds for Other 
Purposes.--No fiscal year 2010 Cooperative Threat Reduction funds may 
be obligated or expended for a purpose other than a purpose listed in 
paragraphs (1) through (10) of subsection (a) until 15 days after the 
date that the Secretary of Defense submits to Congress a report on the 
purpose for which the funds will be obligated or expended and the 
amount of funds to be obligated or expended. Nothing in the preceding 
sentence shall be construed as authorizing the obligation or 
expenditure of fiscal year 2010 Cooperative Threat Reduction funds for 
a purpose for which the obligation or expenditure of such funds is 
specifically prohibited under this title or any other provision of law.
    (c) Limited Authority to Vary Individual Amounts.--
            (1) In general.--Subject to paragraph (2), in any case in 
        which the Secretary of Defense determines that it is necessary 
        to do so in the national interest, the Secretary may obligate 
        amounts appropriated for fiscal year 2010 for a purpose listed 
        in paragraphs (1) through (10) of subsection (a) in excess of 
        the specific amount authorized for that purpose.
            (2) Notice-and-wait required.--An obligation of funds for a 
        purpose stated in paragraphs (1) through (10) of subsection (a) 
        in excess of the specific amount authorized for such purpose 
        may be made using the authority provided in paragraph (1) only 
        after--
                    (A) the Secretary submits to Congress notification 
                of the intent to do so together with a complete 
                discussion of the justification for doing so; and
                    (B) 15 days have elapsed following the date of the 
                notification.

SEC. 1303. AUTHORITY TO ENTER INTO AGREEMENTS TO RECEIVE CONTRIBUTIONS 
              FOR BIOLOGICAL THREAT REDUCTION PROGRAM.

    (a) In General.--The Secretary of Defense may, with the concurrence 
of the Secretary of State, enter into one or more agreements with any 
person (including a foreign government, international organization, 
multinational entity, or any other entity) that the Secretary of 
Defense considers appropriate under which the person contributes funds 
for purposes of the Biological Threat Reduction Program of the 
Department of Defense.
    (b) Retention and Use of Amounts.--Notwithstanding section 3302 of 
title 31, United States Code, and subject to subsections (c) and (d), 
the Secretary of Defense may retain and obligate or expend amounts 
contributed pursuant to subsection (a) for purposes of the Biological 
Threat Reduction Program. Amounts so contributed shall be retained in a 
separate fund established in the Treasury for that purpose and shall be 
available to be obligated or expended without further appropriation.
    (c) Return of Amounts Not Obligated or Expended Within Three 
Years.--If the Secretary of Defense does not obligate or expend an 
amount contributed pursuant to subsection (a) by the date that is three 
years after the date on which the contribution was made, the Secretary 
shall return the amount to the person who made the contribution.
    (d) Notice to Congressional Defense Committees.--
            (1) In general.--Not later than 30 days after receiving an 
        amount contributed pursuant to subsection (a), the Secretary 
        shall submit to the congressional defense committees a notice--
                    (A) specifying the value of the contribution and 
                the purpose for which the contribution was made; and
                    (B) identifying the person who made the 
                contribution.
            (2) Limitation on use of amounts.--The Secretary may not 
        obligate or expend an amount contributed pursuant to subsection 
        (a) until the date that is 15 days after the date on which the 
        Secretary submits the notice required by paragraph (1).
    (e) Annual Report.--Not later than October 31 each year, the 
Secretary of Defense shall submit to the congressional defense 
committees a report on amounts contributed pursuant to subsection (a) 
during the preceding fiscal year. Each such report shall include, for 
the fiscal year covered by the report, the following:
            (1) A statement of any amounts contributed pursuant to 
        subsection (a), including, for each such amount, the value of 
        the contribution and the identity of the person who made the 
        contribution.
            (2) A statement of any amounts so contributed that were 
        obligated or expended by the Secretary, including, for each 
        such amount, the purposes for which the amount was obligated or 
        expended.
            (3) A statement of any amounts so contributed that were 
        retained but not obligated or expended, including, for each 
        such amount, the purposes (if known) for which the Secretary 
        intends to obligate or expend the amount.
    (f) Termination.--The authority provided under this section shall 
terminate on December 31, 2015.

SEC. 1304. AUTHORIZATION OF USE OF COOPERATIVE THREAT REDUCTION PROGRAM 
              FUNDS FOR BILATERAL AND MULTILATERAL NONPROLIFERATION AND 
              DISARMAMENT ACTIVITIES.

    (a) In General.--Notwithstanding any other provision of law and 
subject to subsection (b), the Secretary of Defense may obligate or 
expend not more than 10 percent of the funds authorized to be 
appropriated or otherwise made available for Cooperative Threat 
Reduction programs in a fiscal year to provide assistance for or to 
otherwise carry out bilateral or multilateral activities relating to 
nonproliferation or disarmament.
    (b) Notification of Congressional Defense Committees.--The 
Secretary may obligate or expend funds pursuant to subsection (a) if, 
not less than 15 days before obligating or expending such funds--
            (1) the Secretary notifies the congressional defense 
        committees of the intent of the Secretary to obligate or expend 
        such funds; and
            (2) the President certifies to the congressional defense 
        committees that obligating or expending such funds is necessary 
        to support the national security objectives of the United 
        States.

                    TITLE XIV--OTHER AUTHORIZATIONS

                     Subtitle A--Military Programs

SEC. 1401. WORKING CAPITAL FUNDS.

    Funds are hereby authorized to be appropriated for fiscal year 2010 
for the use of the Armed Forces and other activities and agencies of 
the Department of Defense for providing capital for working capital and 
revolving funds in amounts as follows:
            (1) For the Defense Working Capital Funds, $141,388,000.
            (2) For the Defense Working Capital Fund, Defense 
        Commissary, $1,313,616,000.

SEC. 1402. NATIONAL DEFENSE SEALIFT FUND.

    Funds are hereby authorized to be appropriated for fiscal year 2010 
for the National Defense Sealift Fund in the amount of $1,242,758,000.

SEC. 1403. DEFENSE HEALTH PROGRAM.

    Funds are hereby authorized to be appropriated for the Department 
of Defense for fiscal year 2010 for expenses, not otherwise provided 
for, for the Defense Health Program, in the amount of $27,913,863,000, 
of which--
            (1) $26,993,919,000 is for Operation and Maintenance;
            (2) $597,802,000 is for Research, Development, Test, and 
        Evaluation; and
            (3) $322,142,000 is for Procurement.

SEC. 1404. CHEMICAL AGENTS AND MUNITIONS DESTRUCTION, DEFENSE.

    (a) Authorization of Appropriations.--Funds are hereby authorized 
to be appropriated for the Department of Defense for fiscal year 2010 
for expenses, not otherwise provided for, for Chemical Agents and 
Munitions Destruction, Defense, in the amount of $1,560,760,000, of 
which--
            (1) $1,146,802,000 is for Operation and Maintenance;
            (2) $401,269,000 is for Research, Development, Test, and 
        Evaluation; and
            (3) $12,689,000 is for Procurement.
    (b) Use.--Amounts authorized to be appropriated under subsection 
(a) are authorized for--
            (1) the destruction of lethal chemical agents and munitions 
        in accordance with section 1412 of the Department of Defense 
        Authorization Act, 1986 (50 U.S.C. 1521); and
            (2) the destruction of chemical warfare materiel of the 
        United States that is not covered by section 1412 of such Act.

SEC. 1405. DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, DEFENSE-WIDE.

    Funds are hereby authorized to be appropriated for the Department 
of Defense for fiscal year 2010 for expenses, not otherwise provided 
for, for Drug Interdiction and Counter-Drug Activities, Defense-wide, 
in the amount of $1,077,784,000.

SEC. 1406. DEFENSE INSPECTOR GENERAL.

    Funds are hereby authorized to be appropriated for the Department 
of Defense for fiscal year 2010 for expenses, not otherwise provided 
for, for the Office of the Inspector General of the Department of 
Defense, in the amount of $288,444,000, of which--
            (1) $286,444,000 is for Operation and Maintenance; and
            (2) $2,000,000 is for Procurement.

SEC. 1407. FUNDING TABLE.

    The amounts authorized to be appropriated by sections 1401, 1402, 
1403, 1404, 1405, and 1406 shall be available, in accordance with the 
requirements of section 4001, for projects, programs, and activities, 
and in the amounts, specified in the funding table in section 4401.

                 Subtitle B--National Defense Stockpile

SEC. 1411. EXTENSION OF PREVIOUSLY AUTHORIZED DISPOSAL OF COBALT FROM 
              NATIONAL DEFENSE STOCKPILE.

    Section 3305(a)(5) of the National Defense Authorization Act for 
Fiscal Year 1998 (Public Law 105-85; 50 U.S.C. 98d note), as most 
recently amended by section 1412(b) of the Duncan Hunter National 
Defense Authorization Act for Fiscal Year 2009 (Public Law 110-417; 122 
Stat. 4648), is further amended by striking ``during fiscal year 2009'' 
and inserting ``by the end of fiscal year 2011''.

SEC. 1412. AUTHORIZATION FOR ACTIONS TO CORRECT THE INDUSTRIAL RESOURCE 
              SHORTFALL FOR HIGH-PURITY BERYLLIUM METAL IN AMOUNTS NOT 
              IN EXCESS OF $80,000,000.

    With respect to any action taken by the President under section 303 
of the Defense Production Act of 1950 (50 U.S.C. App. 2093) to correct 
the industrial resource shortfall for high-purity beryllium metal, the 
limitation in subsection (a)(6)(C) of such section shall be applied by 
substituting ``$80,000,000'' for ``$50,000,000''.

                Subtitle C--Armed Forces Retirement Home

SEC. 1421. AUTHORIZATION OF APPROPRIATIONS FOR ARMED FORCES RETIREMENT 
              HOME.

    There is authorized to be appropriated for fiscal year 2010 from 
the Armed Forces Retirement Home Trust Fund the sum of $134,000,000 for 
the operation of the Armed Forces Retirement Home.

               TITLE XV--OVERSEAS CONTINGENCY OPERATIONS

SEC. 1501. PURPOSE.

    The purpose of this title is to authorize appropriations for the 
Department of Defense for fiscal year 2010 to provide additional 
funding for overseas contingency operations of the Department of 
Defense in that fiscal year.

SEC. 1502. ARMY PROCUREMENT.

    Funds are hereby authorized to be appropriated for fiscal year 2010 
for procurement accounts for the Army in amounts as follows:
            (1) For aircraft procurement, $1,636,229,000.
            (2) For missile procurement, $531,570,000.
            (3) For weapons and tracked combat vehicles procurement, 
        $759,466,000.
            (4) For ammunition procurement, $370,635,000.
            (5) For other procurement, $6,329,966,000.
            (6) For the Joint Improvised Explosive Device Defeat Fund, 
        $2,099,850,000.

SEC. 1503. NAVY AND MARINE CORPS PROCUREMENT.

    (a) Navy.--Funds are hereby authorized to be appropriated for 
fiscal year 2010 for procurement accounts for the Navy in amounts as 
follows:
            (1) For aircraft procurement, $916,553,000.
            (2) For weapons procurement, $73,700,000.
            (3) For other procurement, $318,018,000.
    (b) Marine Corps.--Funds are hereby authorized to be appropriated 
for fiscal year 2010 for the procurement account for the Marine Corps 
in the amount of $1,164,445,000.
    (c) Navy and Marine Corps Ammunition.--Funds are hereby authorized 
to be appropriated for fiscal year 2010 for the procurement account for 
ammunition for the Navy and the Marine Corps in the amount of 
$710,780,000.

SEC. 1504. AIR FORCE PROCUREMENT.

    Funds are hereby authorized to be appropriated for fiscal year 2010 
for procurement accounts for the Air Force in amounts as follows:
            (1) For aircraft procurement, $896,441,000.
            (2) For missile procurement, $36,625,000.
            (3) For ammunition procurement, $256,819,000.
            (4) For other procurement, $2,321,549,000.

SEC. 1505. DEFENSE-WIDE ACTIVITIES PROCUREMENT.

    Funds are hereby authorized to be appropriated for fiscal year 2010 
for the procurement account for Defense-wide activities as follows:
            (1) For Defense-wide procurement, $491,430,000.
            (2) For the Mine Resistant Ambush Protected Vehicle Fund, 
        $5,456,000,000.

SEC. 1506. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION.

    Funds are hereby authorized to be appropriated for fiscal year 2010 
for the use of the Department of Defense for research, development, 
test, and evaluation as follows:
            (1) For the Army, $57,962,000.
            (2) For the Navy, $107,180,000.
            (3) For the Air Force, $29,286,000.
            (4) For Defense-wide activities, $115,826,000.

SEC. 1507. OPERATION AND MAINTENANCE.

    Funds are hereby authorized to be appropriated for fiscal year 2010 
for the use of the Armed Forces for expenses, not otherwise provided 
for, for operation and maintenance, in amounts as follows:
            (1) For the Army, $52,070,661,000.
            (2) For the Navy, $5,650,733,000.
            (3) For the Marine Corps, $3,701,600,000.
            (4) For the Air Force, $10,026,868,000.
            (5) For Defense-wide activities, $7,578,300,000
            (6) For the Army Reserve, $204,326,000.
            (7) For the Navy Reserve, $68,059,000.
            (8) For the Marine Corps Reserve, $86,667,000.
            (9) For the Air Force Reserve, $125,925,000.
            (10) For the Army National Guard, $321,646,000.
            (11) For the Air National Guard, $289,862,000.
            (12) For the Afghanistan Security Forces Fund, 
        $7,462,769,000.
            (13) For the Iraq Freedom Fund, $115,300,000.

SEC. 1508. MILITARY PERSONNEL.

    There is hereby authorized to be appropriated for fiscal year 2010 
for the Department of Defense for military personnel in the amount of 
$13,586,341,000.

SEC. 1509. WORKING CAPITAL FUNDS.

    Funds are hereby authorized to be appropriated for fiscal year 2010 
for the use of the Armed Forces and other activities and agencies of 
the Department of Defense for providing capital for working capital and 
revolving funds in the amount of $396,915,000, for the Defense Working 
Capital Funds.

SEC. 1510. DEFENSE HEALTH PROGRAM.

    Funds are hereby authorized to be appropriated for the Department 
of Defense for fiscal year 2010 for expenses, not otherwise provided 
for, for the Defense Health Program in the amount of $1,155,235,000 for 
operation and maintenance.

SEC. 1511. DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, DEFENSE-WIDE.

    Funds are hereby authorized to be appropriated for the Department 
of Defense for fiscal year 2010 for expenses, not otherwise provided 
for, for Drug Interdiction and Counter-Drug Activities, Defense-wide in 
the amount of $324,603,000.

SEC. 1512. DEFENSE INSPECTOR GENERAL.

    Funds are hereby authorized to be appropriated for the Department 
of Defense for fiscal year 2010 for expenses, not otherwise provided 
for, for the Office of the Inspector General of the Department of 
Defense in the amount of $8,876,000.

SEC. 1513. TREATMENT AS ADDITIONAL AUTHORIZATIONS.

    The amounts authorized to be appropriated by this title are in 
addition to amounts otherwise authorized to be appropriated by this 
Act.

SEC. 1514. FUNDING TABLES.

    (a) Amounts for Procurement.--The amounts authorized to be 
appropriated by sections 1502, 1503, 1504, and 1505 shall be available, 
in accordance with the requirements of section 4001, for projects, 
programs, and activities, and in the amounts, specified in the funding 
table in section 4102.
    (b) Amounts for Research, Development, Test, and Evaluation.--The 
amounts authorized to be appropriated by section 1506 shall be 
available, in accordance with the requirements of section 4001, for 
projects, programs, and activities, and in the amounts, specified in 
the funding table in section 4202.
    (c) Amounts for Operation and Maintenance.--The amounts authorized 
to be appropriated by section 1507 shall be available, in accordance 
with the requirements of section 4001, for projects, programs, and 
activities, and in the amounts, specified in the funding table in 
section 4302.
    (d) Other Amounts.--The amounts authorized to be appropriated by 
sections 1509, 1510, 1511, and 1512 shall be available, in accordance 
with the requirements of section 4001, for projects, programs, and 
activities, and in the amounts, specified in the funding table in 
section 4402.

SEC. 1515. SPECIAL TRANSFER AUTHORITY.

    (a) Authority To Transfer Authorizations.--
            (1) Authority.--Upon determination by the Secretary of 
        Defense that such action is necessary in the national interest, 
        the Secretary may transfer amounts of authorizations made 
        available to the Department of Defense in this title for fiscal 
        year 2010 between any such authorizations for that fiscal year 
        (or any subdivisions thereof). Amounts of authorizations so 
        transferred shall be merged with and be available for the same 
        purposes as the authorization to which transferred.
            (2) Limitation.--The total amount of authorizations that 
        the Secretary may transfer under the authority of this 
        subsection may not exceed $4,500,000,000.
    (b) Terms and Conditions.--Transfers under this section shall be 
subject to the same terms and conditions as transfers under section 
1001.
    (c) Additional Authority.--The transfer authority provided by this 
section is in addition to the transfer authority provided under section 
1001.

SEC. 1516. LIMITATIONS ON AVAILABILITY OF FUNDS IN AFGHANISTAN SECURITY 
              FORCES FUND.

    Funds appropriated pursuant to the authorization of appropriations 
for the Afghanistan Security Forces Fund in section 1507(12) shall be 
subject to the conditions contained in subsections (b) through (g) of 
section 1513 of the National Defense Authorization Act for Fiscal Year 
2008 (Public Law 110-181; 122 Stat. 428).

SEC. 1517. AVAILABILITY OF FUNDS IN PAKISTAN COUNTERINSURGENCY FUND.

    (a) Availability.--
            (1) In general.--Funds authorized to be appropriated for 
        the Department of State for fiscal year 2010 that are 
        transferred by the Secretary of State to the Secretary of 
        Defense during that fiscal year for the Pakistan 
        Counterinsurgency Fund shall be merged with amounts in the 
        Pakistan Counterinsurgency Fund and available subject to the 
        provisions of this section.
            (2) Initial assessment required before use of funds.--Funds 
        available under this section may not be utilized until the 
        Secretary of Defense submits to the appropriate committees of 
        Congress a report setting forth an assessment by the Secretary 
        as to whether the Government of Pakistan is committed to 
        confronting the threat posed by Al Qaeda, the Taliban, and 
        other militant extremists based on a determination by the 
        Government of Pakistan that--
                    (A) these groups pose a threat to the national 
                interests of Pakistan; and
                    (B) confronting the threat posed by these groups is 
                critical to the national interests of Pakistan.
    (b) Use of Funds.--
            (1) In general.--Funds in the Pakistan Counterinsurgency 
        Fund pursuant to a transfer under subsection (a) shall be 
        available to the Secretary of Defense to provide assistance to 
        the security forces of Pakistan to build the counterinsurgency 
        capability of the Pakistan military forces and the Pakistan 
        Frontier Corps.
            (2) Types of assistance.--Assistance provided under this 
        subsection may include the provision of equipment, supplies, 
        services, training, facility and infrastructure repair, 
        renovation, construction and funding.
            (3) Urgent humanitarian relief and reconstruction.--In 
        addition to the assistance referred to in paragraph (2), up to 
        $4,000,000 of the funds in the Pakistan Counterinsurgency Fund 
        pursuant to a transfer described in subsection (a) may be used 
        for a program to respond to urgent humanitarian relief and 
        reconstruction requirements that will immediately assist 
        Pakistani people affected by military operations.
    (c) Authority in Addition to Other Authorities.--The authority to 
provide assistance under this section is in addition to any other 
authority to provide assistance to foreign nations.
    (d) Transfers Authority.--
            (1) Transfers authorized.--Subject to paragraph (2), funds 
        in the Pakistan Counterinsurgency Fund pursuant to a transfer 
        described in subsection (a) may be transferred by the Secretary 
        of Defense from the Pakistan Counterinsurgency Fund to any of 
        the following accounts and funds of the Department of Defense 
        to accomplish the purposes specified in subsection (b):
                    (A) Operation and maintenance accounts.
                    (B) Procurement accounts.
                    (C) Research, development, test, and evaluation 
                accounts.
                    (D) Defense working capital funds.
                    (E) Overseas Humanitarian, Disaster, and Civic Aid 
                account.
            (2) Additional authority.--The transfer authority provided 
        by paragraph (1) is in addition to any other transfer authority 
        available to the Department of Defense.
            (3) Effect on authorization amounts.--A transfer of an 
        amount to an account under the authority in paragraph (1) shall 
        be deemed to increase the amount authorized for such account by 
        an amount equal to the amount transferred.
    (e) Prior Notice to Congress of Transfer.--Funds in the Pakistan 
Counterinsurgency Fund pursuant to a transfer described in subsection 
(a) may not be transferred under subsection (d)(1) from the Pakistan 
Counterinsurgency Fund until 15 days after the date on which the 
Secretary of Defense notifies the appropriate committees of Congress in 
writing of the details of the proposed transfer.
    (f) Quarterly Reports.--Not later than 30 days after the end of 
each fiscal-year quarter of fiscal years 2010 and 2011, the Secretary 
of Defense shall submit to the appropriate committees of Congress a 
report summarizing the details of any obligation or transfer of funds 
from the Pakistan Counterinsurgency Fund under this section during such 
fiscal-year quarter.
    (g) Duration of Authority.--Amounts transferred to the Pakistan 
Counterinsurgency Fund as described in subsection (a) are available for 
obligation or transfer from the Pakistan Counterinsurgency Fund in 
accordance with this section until September 30, 2011.
    (h) Appropriate Committees of Congress Defined.--In this section, 
the term ``appropriate committees of Congress'' means--
            (1) the Committee on Armed Services, the Committee on 
        Foreign Relations, and the Committee on Appropriations of the 
        Senate; and
            (2) the Committee on Armed Services, the Committee on 
        Foreign Affairs, and the Committee on Appropriations of the 
        House of Representatives.
                                                        Calendar No. 90

111th CONGRESS

  1st Session

                                S. 1391

_______________________________________________________________________

                                 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.

_______________________________________________________________________

                              July 2, 2009

                 Read twice and placed on the calendar
```