111TH CONGRESS 

1ST SESSION H. R. 2647 

AN ACT 

To authorize appropriations for fiscal year 2010 for military 

activities of the Department of Defense, for military 

construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths 

for such fiscal year, to provide special pays and allowances to certain members of the Armed Forces, expand 

concurrent receipt of military retirement and VA disability benefits to disabled military retirees, and for other 

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

3 SECTION 1. SHORT TITLE. 

4 Divisions A through C of this Act may be cited as 

5 the ‘‘National Defense Authorization Act for Fiscal Year 

6 2010’’. 

7 SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF 

8 CONTENTS. 

9 (a) DIVISIONS.—This Act is organized into four divi10 sions as follows: 

11 (1) Division A—Department of Defense Au12 thorizations. 

13 (2) Division B—Military Construction Author14 izations. 

15 (3) Division C—Department of Energy Na16 tional Security Authorizations and Other Authoriza17 tions. 

18 (4) Division D—Disabled Military Retiree Re19 lief Act of 2009. 

20 (b) TABLE OF CONTENTS.—The table of contents for 

21 this Act is as follows: 

Sec. 1. Short title. 

Sec. 2. Organization of Act into divisions; table of contents. 

Sec. 3. Congressional defense committees. 

DIVISION A—DEPARTMENT OF DEFENSE AUTHORIZATIONS 

TITLE I—PROCUREMENT 

Subtitle A—Authorization of Appropriations 
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Sec. 101. Army. 

Sec. 102. Navy and Marine Corps. 

Sec. 103. Air Force. 

Sec. 104. Defense-wide activities. 

Sec. 105. National Guard and Reserve equipment. 

Sec. 106. Rapid Acquisition Fund. 

Subtitle B—Army Programs 

Sec. 111. Restriction on obligation of funds for army tactical radio systems. 

Sec. 112. Procurement of future combat systems spin out early-infantry brigade 

combat team equipment. 

Subtitle C—Navy Programs 

Sec. 121. Littoral combat ship program. 

Sec. 122. Ford-class aircraft carrier report and limitation on use of funds. 

Sec. 123. Advance procurement funding. 

Sec. 124. Multiyear procurement authority for F/A–18E, F/A–18F, and EA– 

18G aircraft. 

Sec. 125. Multiyear procurement authority for DDG–51 Burke-class destroyers. 

Sec. 126. Conversion of certain vessels; leasing rates. 

Subtitle D—Air Force Programs 

Sec. 131. Repeal of certification requirement for F–22A fighter aircraft. 

Sec. 132. Preservation and storage of unique tooling for F–22 fighter aircraft. 

Sec. 133. Report on 4.5 generation fighter procurement. 

Sec. 134. Reports on strategic airlift aircraft. 

Sec. 135. Strategic airlift force structure. 

Sec. 136. Repeal of requirement to maintain certain retired C–130E aircraft. 

Subtitle E—Joint and Multiservice Matters 

Sec. 141. Body armor procurement. 

Sec. 142. Unmanned cargo-carrying-capable 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. Limitation on obligation of funds for the Navy Next Generation Enterprise Network. 

Sec. 212. Limitation on expenditure of funds for Joint Multi-Mission Submersible program. 

Sec. 213. Separate program elements required for research and development of 

individual body armor and associated components. 

Sec. 214. Separate procurement and research, development, test and evaluation 

line items and program elements for the F–35B and F–35C 

joint strike fighter aircraft. 

Sec. 215. Restriction on obligation of funds pending submission of Selected Acquisition Report. 

Sec. 216. Restriction on obligation of funds for Future Combat Systems program pending receipt of report. 
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Sec. 217. Limitation of the obligation of funds for the Net-Enabled Command 

and Control system. 

Sec. 218. Limitation on obligation of funds for F–35 Lightning II program. 

Sec. 219. Programs required to provide the Army with ground combat vehicle 

and self-propelled artillery capabilities. 

Subtitle C—Missile Defense Programs 

Sec. 221. Integrated Air and Missile Defense System project. 

Sec. 222. Ground-based midcourse defense sustainment and modernization program. 

Sec. 223. Limitation on availability of funds for acquisition or deployment of 

missile defenses in Europe. 

Sec. 224. Sense of Congress reaffirming continued support for protecting the 

United States against limited ballistic missile attacks whether 

accidental, unauthorized, or deliberate. 

Sec. 225. Ascent phase missile defense strategy. 

Sec. 226. Availability of funds for a missile defense system for Europe and the 

United States. 

Sec. 227. Study on discrimination capabilities of missile defense system. 

Sec. 228. Sense of Congress Reaffirming the requirement to thoroughly consider the role of ballistic missile defenses during the Quadrennial Defense Review and the Nuclear Posture Review. 

Subtitle D—Reports 

Sec. 231. Comptroller General assessment of coordination of energy storage device requirements and investments. 

Sec. 232. Annual Comptroller General report on the F–35 Lightning II aircraft 

acquisition program. 

Sec. 233. Report on integration of Department of Defense intelligence, surveillance, and reconnaissance capabilities. 

Sec. 234. Report on future research and development of man-portable and vehicle-mounted guided missile systems. 

Subtitle E—Other Matters 

Sec. 241. Access of the Director of the Test Resource Management Center to 

Department of Defense information. 

Sec. 242. Inclusion in annual budget request and future-years defense program 

of sufficient amounts for continued development and procurement of competitive propulsion system for F–35 Lightning II. 

Sec. 243. Establishment of program to enhance participation of historically 

black colleges and universities and minority-serving institutions 

in defense research programs. 

Sec. 244. Extension of authority to award prizes for advanced technology 

achievements. 

Sec. 245. Executive Agent for Advanced Energetics. 

Sec. 246. Study on thorium-liquid fueled reactors for naval forces. 

Sec. 247. Visiting NIH Senior Neuroscience Fellowship Program. 

Sec. 248. Authority for National Aeronautics and Space Administration federally funded research and development centers to participate in 

merit-based technology research and development programs. 

TITLE III—OPERATION AND MAINTENANCE 

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

Subtitle B—Environmental Provisions 

Sec. 311. Clarification of requirement for use of available funds for Department 

of Defense participation in conservation banking programs. 

Sec. 312. Reauthorization of title I of Sikes Act. 

Sec. 313. Authority of Secretary of a military department to enter into interagency agreements for land management on Department of 

Defense installations. 

Sec. 314. Reauthorization of pilot program for invasive species management for 

military installations in Guam. 

Sec. 315. Reimbursement of Environmental Protection Agency for certain costs 

in connection with the Former Nansemond Ordnance Depot 

Site, Suffolk, Virginia. 

Sec. 316. Procurement and use of munitions. 

Sec. 317. Prohibition on disposing of waste in open-air burn pits. 

Sec. 318. Military munitions response sites. 

Subtitle C—Workplace and Depot Issues 

Sec. 321. Public-private competition required before conversion of any Department of Defense function performed by civilian employees to 

contractor performance. 

Sec. 322. Time limitation on duration of public-private competitions. 

Sec. 323. Inclusion of installation of major modifications in definition of depotlevel maintenance and repair. 

Sec. 324. Modification of authority for Army industrial facilities to engage in 

cooperative activities with non-Army entities. 

Sec. 325. Cost-benefit analysis of alternatives for performance of planned maintenance interval events and concurrent modifications performed 

on the AV–8B Harrier weapons system. 

Sec. 326. Termination of certain public-private competitions for conversion of 

Department of Defense functions to performance by a contractor. 

Sec. 327. Temporary suspension of public-private competitions for conversion of 

Department of Defense functions to performance by a contractor. 

Sec. 328. Requirement for debriefings related to conversion of functions from 

performance by Federal employees to performance by a contractor. 

Sec. 329. Amendments to bid protest procedures by Federal employees and 

agency officials in conversions of functions from performance 

by Federal employees to performance by a contractor. 

Subtitle D—Energy Security 

Sec. 331. Authorization of appropriations for Director of Operational Energy. 

Sec. 332. Report on implementation of Comptroller General recommendations 

on fuel demand management at forward-deployed locations. 

Sec. 333. Consideration of renewable fuels. 

Sec. 334. Department of Defense goal regarding procurement of renewable 

aviation fuels. 

Sec. 335. Exception to alternative fuel procurement requirement. 

Subtitle E—Reports 
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Sec. 341. Annual report on procurement of military working dogs. 

Subtitle F—Other Matters 

Sec. 351. Authority for airlift transportation at Department of Defense rates 

for non-Department of Defense Federal cargoes. 

Sec. 352. Requirements for standard ground combat uniform. 

Sec. 353. Restriction on use of funds for counterthreat finance efforts. 

Sec. 354. Limitation on obligation of funds pending submission of classified 

justification material. 

Sec. 355. Condition-based maintenance demonstration programs. 

Sec. 356. Study on distribution of hemostatic agents. 

Sec. 357. Extension of Arsenal Support Program Initiative. 

TITLE IV—MILITARY PERSONNEL AUTHORIZATIONS 

Subtitle A—Active Forces 

Sec. 401. End strengths for active forces. 

Sec. 402. Revision in permanent active duty end strength minimum levels. 

Sec. 403. Additional authority for increases of Army active duty end strengths 

for fiscal years 2011 and 2012. 

Subtitle B—Reserve Forces 

Sec. 411. End strengths for Selected Reserve. 

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

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

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

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

duty for operational support. 

Sec. 416. Submission of options for creation of Trainees, Transients, Holdees, 

and Students account for Army National Guard. 

Subtitle C—Authorization of Appropriations 

Sec. 421. Military personnel. 

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

TITLE V—MILITARY PERSONNEL POLICY 

Subtitle A—Military Personnel Policy Generally 

Sec. 501. Extension of temporary increase in maximum number of days’ leave 

members may accumulate and carryover. 

Sec. 502. Rank requirement for officer serving as Chief of the Navy Dental 

Corps to correspond to Army and Air Force requirements. 

Sec. 503. Computation of retirement eligibility for enlisted members of the 

Navy who complete the Seaman to Admiral (STA–21) officer 

candidate program. 

Subtitle B—Joint Qualified Officers and Requirements 

Sec. 511. Revisions to annual reporting requirement on joint officer management. 

Subtitle C—General Service Authorities 
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Sec. 521. Medical examination required before separation of members diagnosed with or asserting post-traumatic stress disorder or traumatic brain injury. 

Sec. 522. Evaluation of test of utility of test preparation guides and education 

programs in improving qualifications of recruits for the Armed 

Forces. 

Sec. 523. Inclusion of email address on Certificate of Release or Discharge 

from Active Duty (DD Form 214). 

Sec. 524. Prohibition on recruitment, enlistment, or retention of persons associated or affiliated with groups associated with hate-related violence against groups or persons or the United States Government. 

Sec. 525. Secure electronic delivery of Certificate of Release or Discharge from 

Active Duty (DD Form 214). 

Subtitle D—Education and Training 

Sec. 531. Appointment of persons enrolled in Advanced Course of the Army Reserve Officers’ Training Corps at military junior colleges as cadets in Army Reserve or Army National Guard of the United 

States. 

Sec. 532. Increase in number of private sector civilians authorized for admission to National Defense University. 

Sec. 533. Appointments to military service academies from nominations made 

by Delegate from the Commonwealth of the Northern Mariana 

Islands. 

Sec. 534. Pilot program to establish and evaluate Language Training Centers 

for members of the Armed Forces and civilian employees of the 

Department of Defense. 

Sec. 535. Use of Armed Forces Health Professions Scholarship and Financial 

Assistance program to increase number of health professionals 

with skills to assist in providing mental health care. 

Sec. 536. Establishment of Junior Reserve Officer’s Training Corps units for 

students in grades above sixth grade. 

Sec. 537. Air Force Academy Athletic Association. 

Subtitle E—Defense Dependents’ Education 

Sec. 551. Continuation of authority to assist local educational agencies that 

benefit dependents of members of the Armed Forces and Department of Defense civilian employees. 

Sec. 552. Determination of number of weighted student units for local educational agencies for receipt of basic support payments under 

impact aid. 

Sec. 553. Permanent authority for enrollment in defense dependents’ education 

system of dependents of foreign military members assigned to 

Supreme Headquarters Allied Powers, Europe. 

Subtitle F—Missing or Deceased Persons 

Sec. 561. Additional requirements for accounting for members of the Armed 

Forces and Department of Defense civilian employees listed as 

missing in conflicts occurring before enactment of new system 

for accounting for missing persons. 
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Sec. 562. Clarification of guidelines regarding return of remains and media access at ceremonies for the dignified transfer of remains at 

Dover Air Force Base. 

Sec. 563. Report on expansion of authority of a member to designate persons 

to direct disposition of the remains of a deceased member. 

Sec. 564. Sense of Congress regarding the recovery of the remains of members 

of the Armed Forces who were killed during World War II in 

the battle of Tarawa Atoll. 

Subtitle G—Decorations and Awards 

Sec. 571. Award of Vietnam Service Medal to veterans who participated in Mayaguez rescue operation. 

Sec. 572. Authorization and request for award of Medal of Honor to Anthony 

T. Koho’ohanohano for acts of valor during the Korean War. 

Sec. 573. Authorization and request for award of distinguished-service cross to 

Jack T. Stewart for acts of valor during the Vietnam War. 

Sec. 574. Authorization and request for award of distinguished-service cross to 

William T. Miles, Jr., for acts of valor during the Korean War. 

Sec. 575. Retroactive award of Army Combat Action Badge. 

Sec. 576. Establishment of Combat Medevac Badge. 

Subtitle H—Military Families 

Sec. 581. Pilot program to secure internships for military spouses with Federal 

agencies. 

Sec. 582. Report on progress made in implementing recommendations to reduce 

domestic violence in military families. 

Sec. 583. Modification of Servicemembers Civil Relief Act regarding termination or suspension of service contracts and effect of violation 

of interest rate limitation. 

Sec. 584. Protection of child custody arrangements for parents who are members of the armed forces deployed in support of a contingency 

operation. 

Sec. 585. Definitions in Family and Medical Leave Act of 1993 related to active duty, servicemembers, and related matters. 

Sec. 586. Report on impact of domestic violence on military families. 

Sec. 587. Overseas Voting Advisory Board. 

Sec. 588. Sense of Congress and report on intra-familial abduction of children 

of military personnel. 

Subtitle I—Other Matters 

Sec. 591. Navy grants to Naval Sea Cadet Corps. 

Sec. 592. Improved response and investigation of allegations of sexual assault 

involving members of the Armed Forces. 

Sec. 593. Modification of matching fund requirements under National Guard 

Youth Challenge Program. 

Sec. 594. Modification of Servicemembers Civil Relief Act regarding residential 

and motor vehicle leases. 

Sec. 595. Expansion of Military Leadership Diversity Commission to include reserve component representatives. 

Sec. 596. Expansion of suicide prevention and community healing and response 

training under the Yellow Ribbon Reintegration Program. 

Sec. 597. Report on progress in completing Defense Incident-Based Reporting 

System. 
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Sec. 598. Legal assistance for additional reserve component members. 

TITLE VI—COMPENSATION AND OTHER PERSONNEL BENEFITS 

Subtitle A—Pay and Allowances 

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

Sec. 602. Special monthly compensation allowance for members with combat-related catastrophic injuries or illnesses pending their retirement 

or separation for physical disability. 

Sec. 603. Stabilization of pay and allowances for senior enlisted members and 

warrant officers appointed as officers and officers reappointed 

in a lower grade. 

Sec. 604. Report on housing standards used to determine basic allowance for 

housing. 

Subtitle B—Bonuses and Special and Incentive Pays 

Sec. 611. One-year extension of certain bonus and special pay authorities for 

reserve forces. 

Sec. 612. One-year extension of certain bonus and special pay authorities for 

health care professionals. 

Sec. 613. One-year extension of special pay and bonus authorities for nuclear 

officers. 

Sec. 614. One-year extension of authorities relating to title 37 consolidated special pay, incentive pay, and bonus authorities. 

Sec. 615. One-year extension of authorities relating to payment of other title 

37 bonuses and special pay. 

Sec. 616. One-year extension of authorities relating to payment of referral bonuses. 

Sec. 617. Technical corrections and conforming amendments to reconcile conflicting amendments regarding continued payment of bonuses 

and similar benefits for certain members. 

Sec. 618. Proration of certain special and incentive pays to reflect time during 

which a member satisfies eligibility requirements for the special 

or incentive pay. 

Sec. 619. Additional special pays and bonuses authorized for members agreeing 

to serve in Afghanistan for the duration of the United States 

mission. 

Subtitle C—Travel and Transportation Allowances 

Sec. 631. Transportation of additional motor vehicle of members on change of 

permanent station to or from nonforeign areas outside the continental United States. 

Sec. 632. Travel and transportation allowances for designated individuals of 

wounded, ill, or injured members for duration of inpatient 

treatment. 

Sec. 633. Authorized travel and transportation allowances for non-medical attendants for very seriously and seriously wounded, ill, or injured members. 

Sec. 634. Increased weight allowance for transportation of baggage and household effects for certain enlisted members. 

Subtitle D—Retired Pay and Survivor Benefits 
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Sec. 641. Recomputation of retired pay and adjustment of retired grade of Reserve retirees to reflect service after retirement. 

Sec. 642. Election to receive retired pay for non-regular service upon retirement 

for service in an active reserve status performed after attaining 

eligibility for regular retirement. 

Subtitle E—Commissary and Nonappropriated Fund Instrumentality Benefits 

and Operations 

Sec. 651. Additional exception to limitation on use of appropriated funds for 

Department of Defense golf courses. 

Sec. 652. Limitation on Department of Defense entities offering personal information services to members and their dependents. 

Sec. 653. Report on impact of purchasing from local distributors all alcoholic 

beverages for resale on military installations on Guam. 

Subtitle F—Other Matters 

Sec. 661. Limitations on collection of overpayments of pay and allowances erroneously paid to members. 

Sec. 662. Army authority to provide additional recruitment incentives. 

Sec. 663. Benefits under Post-Deployment/Mobilization Respite Absence program for certain periods before implementation of program. 

Sec. 664. Sense of Congress regarding support for compensation, retirement, 

and other military personnel programs. 

Sec. 665. Comptroller General report on cost to cities and other municipalities 

that cover the difference between an employee’s military salary 

and municipal salary. 

Sec. 666. Postal benefits program for sending free mail to members of the 

Armed Forces serving in certain overseas operations and hospitalized members. 

TITLE VII—HEALTH CARE PROVISIONS 

Subtitle A—Improvements to Health Benefits 

Sec. 701. Prohibition on conversion of military medical and dental positions to 

civilian medical and dental positions. 

Sec. 702. Chiropractic health care for members on active duty. 

Sec. 703. Expansion of survivor eligibility under TRICARE dental program. 

Sec. 704. TRICARE standard coverage for certain members of the Retired Reserve who are qualified for a non-regular retirement but are 

not yet age 60. 

Sec. 705. Cooperative health care agreements between military installations and 

non-military health care systems. 

Sec. 706. Health care for members of the reserve components. 

Sec. 707. National casualty care research center. 

Sec. 708. Notification of members of the Armed Forces of exposure to potentially harmful materials and contaminants. 

Sec. 709. Post-deployment mental health screening demonstration project. 

Sec. 710. Report on Joint Virtual Lifetime Electronic Record. 

Sec. 710A. Suicide among members of the Individual Ready Reserve. 

Sec. 710B. Treatment of autism under TRICARE. 

Subtitle B—Reports 

Sec. 711. Report on post-traumatic stress disorder efforts. 
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Sec. 712. Report on the feasibility of TRICARE Prime in certain commonwealths and territories of the United States. 

Sec. 713. Report on the health care needs of military family members. 

Sec. 714. Report on stipends for members of reserve components for health 

care for certain dependents. 

Sec. 715. Report on the required number of military mental health providers. 

Sec. 716. Report on rural access to health care. 

TITLE VIII—ACQUISITION POLICY, ACQUISITION MANAGEMENT, 

AND RELATED MATTERS 

Subtitle A—Acquisition Policy and Management 

Sec. 801. Temporary authority to acquire products and services produced in 

countries along a major route of supply to Afghanistan; Report. 

Sec. 802. Assessment of improvements in service contracting. 

Sec. 803. Display of annual budget requirements for procurement of contract 

services and related clarifying technical amendments. 

Sec. 804. Demonstration authority for alternative acquisition process for defense information technology programs. 

Sec. 805. Limitation on performance of product support integrator functions. 

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

Limitations 

Sec. 811. Revision of Defense Supplement relating to payment of costs prior to 

definitization. 

Sec. 812. Revisions to definitions relating to contracts in Iraq and Afghanistan. 

Sec. 813. Amendment to notification requirements for awards of single source 

task or delivery orders. 

Sec. 814. Clarification of uniform suspension and debarment requirement. 

Sec. 815. Extension of authority for use of simplified acquisition procedures for 

certain commercial items. 

Sec. 816. Revision to definitions of major defense acquisition program and 

major automated information system. 

Sec. 817. Small Arms Production Industrial Base. 

Sec. 818. Publication of justification for bundling of contracts of the Department of Defense. 

Sec. 819. Contract authority for advanced component development or prototype 

units. 

Subtitle C—Other Matters 

Sec. 821. Enhanced expedited hiring authority for defense acquisition workforce 

positions. 

Sec. 822. Acquisition Workforce Development Fund amendments. 

Sec. 823. Reports to Congress on full deployment decisions for major automated information system programs. 

Sec. 824. Requirement for Secretary of Defense to deny award and incentive 

fees to companies found to jeopardize health or safety of Government personnel. 

Sec. 825. Authorization for actions to correct the industrial resource shortfall 

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

$85,000,000. 

Sec. 826. Review of post employment restrictions applicable to the Department 

of Defense. 
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Sec. 827. Requirement to buy military decorations, ribbons, badges, medals, insignia, and other uniform accouterments produced in the 

United States. 

Sec. 828. Findings and report on the usage of rare earth materials in the defense supply chain. 

Sec. 829. Furniture standards. 

Sec. 830. Follow-on contracts for certain items acquired for special operations 

forces. 

Sec. 831. Defense subcontractor proliferation cost effectiveness study and reports. 

Sec. 832. Comptroller General report on defense contract cost overruns. 

Sec. 833. Procurement professionalism advisory panel. 

Sec. 834. Access by Congress to database of information regarding the integrity 

and performance of certain persons awarded Federal contracts 

and grants. 

Sec. 835. Additional reporting requirements for inventory relating to contracts 

for services. 

Sec. 836. Requirement to justify the use of factors other than cost or price as 

the predominate factors in evaluating competitive proposals for 

defense procurement contracts. 

TITLE IX—DEPARTMENT OF DEFENSE ORGANIZATION AND 

MANAGEMENT 

Subtitle A—Department of Defense Management 

Sec. 901. Role of commander of special operations command regarding personnel management policy and plans affecting special operations forces. 

Sec. 902. Special operations activities. 

Sec. 903. Redesignation of the Department of the Navy as the Department of 

the Navy and Marine Corps. 

Sec. 904. Authority to allow private sector civilians to receive instruction at Defense Cyber Investigations Training Academy of the Defense 

Cyber Crime Center. 

Sec. 905. Organizational structure of the Office of the Assistant Secretary of 

Defense for Health Affairs and the TRICARE Management 

Activity. 

Sec. 906. Requirement for Director of Operational Energy Plans and Programs 

to report directly to Secretary of Defense. 

Sec. 907. Increased flexibility for Combatant Commander Initiative Fund. 

Sec. 908. Repeal of requirement for a Deputy Under Secretary of Defense for 

Technology Security Policy within the Office of the Under Secretary of Defense for Policy. 

Sec. 909. Recommendations to Congress by members of Joint Chiefs of Staff. 

Subtitle B—Space Activities 

Sec. 911. Submission and review of space science and technology strategy. 

Sec. 912. Converting the space surveillance network pilot program to a permanent program. 

Subtitle C—Intelligence-Related Matters 

Sec. 921. Plan to address foreign ballistic missile intelligence analysis. 

Subtitle D—Other Matters 
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Sec. 931. Joint Program Office for Cyber Operations Capabilities. 

Sec. 932. Defense Integrated Military Human Resources System Transition 

Council. 

Sec. 933. Department of Defense School of Nursing revisions. 

Sec. 934. Report on special operations command organization, manning, and 

management. 

Sec. 935. Study on the recruitment, retention, and career progression of uniformed and civilian military cyber operations personnel. 

Sec. 936. Recognition of and support for State defense forces. 

TITLE X—GENERAL PROVISIONS 

Subtitle A—Financial Matters 

Sec. 1001. General transfer authority. 

Sec. 1002. Incorporation of funding decisions into law. 

Sec. 1003. Adjustment of certain authorizations of appropriations. 

Subtitle B—Counter-Drug and Counter-Terrorism Activities 

Sec. 1011. One-year extension of Department of Defense counter-drug authorities and requirements. 

Sec. 1012. Joint task forces support to law enforcement agencies conducting 

counter-terrorism activities. 

Sec. 1013. Border coordination centers in Afghanistan and Pakistan. 

Sec. 1014. Comptroller General report on effectiveness of accountability measures for assistance from counter-narcotics central transfer account. 

Subtitle C—Miscellaneous Authorities and Limitations 

Sec. 1021. Operational procedures for experimental military prototypes. 

Sec. 1022. Temporary reduction in minimum number of operational aircraft 

carriers. 

Sec. 1023. Limitation on use of funds for the transfer or release of individuals 

detained at United States Naval Station, Guantanamo Bay, 

Cuba. 

Sec. 1024. Charter for the National Reconnaissance Office. 

Subtitle D—Studies and Reports 

Sec. 1031. Report on statutory compliance of the report on the 2009 quadrennial defense review. 

Sec. 1032. Report on the force structure findings of the 2009 quadrennial defense review. 

Sec. 1033. Sense of Congress and amendment relating to quadrennial defense 

review. 

Sec. 1034. Strategic review of basing plans for United States European Command. 

Sec. 1035. National Defense Panel. 

Sec. 1036. Report required on notification of detainees of rights under Miranda 

v. Arizona. 

Sec. 1037. Annual report on the electronic warfare strategy of the Department 

of Defense. 

Sec. 1038. Studies to analyze alternative models for acquisition and funding of 

technologies supporting network-centric operations. 
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Sec. 1039. Report on competitive procedures used for earmarks in Department 

of Defense Appropriations Act, 2008. 

Sec. 1040. Study on national security professional career development and support. 

Subtitle E—Other Matters 

Sec. 1041. Prohibition relating to propaganda. 

Sec. 1042. Extension of certain authority for making rewards for combating 

terrorism. 

Sec. 1043. Technical and clerical amendments. 

Sec. 1044. Repeal of pilot program on commercial fee-for-service air refueling 

support for the Air Force. 

Sec. 1045. Extension of sunset for congressional commission on the strategic 

posture of the United States. 

Sec. 1046. Authorization of appropriations for payments to Portuguese nationals employed by the Department of Defense. 

Sec. 1047. Combat air forces restructuring. 

Sec. 1048. Sense of Congress honoring the Honorable Ellen O. Tauscher. 

Sec. 1049. Sense of Congress concerning the disposition of Submarine NR–1. 

Sec. 1050. Compliance with requirement for plan on the disposition of detainees 

at Naval Station, Guantanamo Bay, Cuba. 

Sec. 1051. Sense of Congress regarding carrier air wing force structure. 

Sec. 1052. Sense of Congress on Department of Defense financial improvement 

and audit readiness; plan. 

Sec. 1053. Justice for victims of torture and terrorism. 

Sec. 1054. Repeal of certain laws pertaining to the Joint Committee for the Review of Counterproliferation Programs of the United States. 

Sec. 1055. Notification and access of International Committee of the Red Cross 

with respect to detainees at Theater Internment Facility at 

Bagram Air Base, Afghanistan. 

Sec. 1056. Sense of Congress honoring the Honorable John M. McHugh. 

Sec. 1057. Public disclosure of names of students and instructors at Western 

Hemisphere Institute for Security Cooperation. 

Sec. 1058. Requirement for videotaping or otherwise electronically recording 

strategic intelligence interrogations of persons in the custody of 

or under the effective control of the Department of Defense. 

TITLE XI—CIVILIAN PERSONNEL MATTERS 

Sec. 1101. Authority to employ individuals completing the National Security 

Education Program. 

Sec. 1102. Authority for employment by Department of Defense of individuals 

who have successfully completed the requirements of the 

science, mathematics, and research for transformation 

(SMART) defense scholarship program. 

Sec. 1103. Authority for the employment of individuals who have successfully 

completed the Department of Defense information assurance 

scholarship program. 

Sec. 1104. Additional personnel authorities for the Special Inspector General 

for Afghanistan Reconstruction. 

Sec. 1105. One-year extension of authority to waive annual limitation on premium pay and aggregate limitation on pay for Federal civilian 

employees working overseas. 

Sec. 1106. Extension of certain benefits to Federal civilian employees on official 

duty in Pakistan. 
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Sec. 1107. Authority to expand scope of provisions relating to unreduced compensation for certain reemployed annuitants. 

Sec. 1108. Requirement for Department of Defense strategic workforce plans. 

Sec. 1109. Adjustments to limitations on personnel and requirement for annual 

manpower reporting. 

Sec. 1110. Modification to Department of Defense laboratory personnel authority. 

Sec. 1111. Pilot program for the temporary exchange of information technology 

personnel. 

Sec. 1112. Provisions relating to the National Security Personnel System. 

Sec. 1113. Provisions relating to the Defense Civilian Intelligence Personnel 

System. 

Sec. 1114. Sense of Congress on pay parity for Federal employees service at 

Joint Base McGuire/Dix/Lakehurst. 

TITLE XII—MATTERS RELATING TO FOREIGN NATIONS 

Subtitle A—Assistance and Training 

Sec. 1201. Modification and extension of authority for security and stabilization 

assistance. 

Sec. 1202. Increase of authority for support of special operations to combat terrorism. 

Sec. 1203. Modification of report on foreign-assistance related programs carried 

out by the Department of Defense. 

Sec. 1204. Report on authorities to build the capacity of foreign military forces 

and related matters. 

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

Sec. 1211. Limitation on availability of funds for certain purposes relating to 

Iraq. 

Sec. 1212. Reauthorization of Commanders’ Emergency Response Program. 

Sec. 1213. Reimbursement of certain Coalition nations for support provided to 

United States military operations. 

Sec. 1214. Pakistan Counterinsurgency Fund. 

Sec. 1215. Program to provide for the registration and end-use monitoring of 

defense articles and defense services transferred to Afghanistan 

and Pakistan. 

Sec. 1216. Reports on campaign plans for Iraq and Afghanistan. 

Sec. 1217. Required assessments of United States efforts in Afghanistan. 

Sec. 1218. Report on responsible redeployment of United States Armed Forces 

from Iraq. 

Sec. 1219. Report on Afghan Public Protection Program. 

Sec. 1220. Updates of report on command and control structure for military 

forces operating in Afghanistan. 

Sec. 1221. Report on payments made by United States Armed Forces to residents of Afghanistan as compensation for losses caused by 

United States military operations. 

Sec. 1222. Assessment and report on United States-Pakistan military relations 

and cooperation. 

Sec. 1223. Required assessments of progress toward security and stability in 

Pakistan. 

Sec. 1224. Repeal of GAO war-related reporting requirement. 

Sec. 1225. Plan to govern the disposition of specified defense items in Iraq. 

Sec. 1226. Civilian ministry of defense advisor program. 
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Sec. 1227. Report on the status of interagency coordination in the Afghanistan 

and Operation Enduring Freedom theater of operations. 

Sec. 1228. Sense of Congress supporting United States policy for Afghanistan. 

Sec. 1229. Analysis of required force levels and types of forces needed to secure 

southern and eastern regions of Afghanistan. 

Sec. 1230. Modification of report on progress toward security and stability in 

Afghanistan. 

Sec. 1230A. No permanent military bases in Afghanistan. 

Subtitle C—Other Matters 

Sec. 1231. NATO Special Operations Coordination Center. 

Sec. 1232. Annual report on military power of the Islamic Republic of Iran. 

Sec. 1233. Annual report on military and security developments involving the 

People’s Republic of China. 

Sec. 1234. Report on impacts of drawdown authorities on the Department of 

Defense. 

Sec. 1235. Risk assessment of United States space export control policy. 

Sec. 1236. Patriot air and missile defense battery in Poland. 

Sec. 1237. Report on potential foreign military sales of the F–22A fighter aircraft to Japan. 

Sec. 1238. Expansion of United States-Russian Federation joint center to include exchange of data on missile defense. 

Sec. 1239. Limitation on funds to implement reductions in the strategic nuclear 

forces of the United States pursuant to any treaty or other 

agreement with the Russian Federation. 

Sec. 1240. Map of mineral-rich zones and areas under the control of armed 

groups in Democratic Republic of the Congo. 

Sec. 1241. Sense of Congress relating to the State of Israel. 

TITLE XIII—COOPERATIVE THREAT REDUCTION 

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

Sec. 1302. Funding allocations. 

Sec. 1303. Utilization of contributions to the Cooperative Threat Reduction 

Program. 

Sec. 1304. National Academy of Sciences study of metrics for the Cooperative 

Threat Reduction Program. 

Sec. 1305. Cooperative Threat Reduction program authority for urgent threat 

reduction activities. 

Sec. 1306. Cooperative Threat Reduction Defense and Military Contacts Program. 

TITLE XIV—OTHER AUTHORIZATIONS 

Subtitle A—Military Programs 

Sec. 1401. Working capital funds. 

Sec. 1402. National Defense Sealift Fund. 

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. 

Subtitle B—National Defense Stockpile 

Sec. 1411. Authorized uses of National Defense Stockpile funds. 
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Sec. 1412. Extension of previously authorized disposal of cobalt from National 

Defense Stockpile. 

Sec. 1413. Report on implementation of reconfiguration of the National Defense Stockpile. 

Subtitle C—Armed Forces Retirement Home 

Sec. 1421. Authorization of appropriations for Armed Forces Retirement 

Home. 

TITLE XV—AUTHORIZATION OF ADDITIONAL APPROPRIATIONS 

FOR OVERSEAS CONTINGENCY OPERATIONS 

Sec. 1501. Purpose. 

Sec. 1502. Army procurement. 

Sec. 1503. Joint Improvised Explosive Device Defeat Fund. 

Sec. 1504. Limitation on obligation of funds for Joint Improvised Explosive 

Device Defeat Organization pending report to Congress. 

Sec. 1505. Navy and Marine Corps procurement. 

Sec. 1506. Air Force procurement. 

Sec. 1507. Defense-wide activities procurement. 

Sec. 1508. Mine Resistant Ambush Protected Vehicle Fund. 

Sec. 1509. Research, development, test, and evaluation. 

Sec. 1510. Operation and maintenance. 

Sec. 1511. Working capital funds. 

Sec. 1512. Military personnel. 

Sec. 1513. Afghanistan Security Forces Fund. 

Sec. 1514. Iraq Freedom Fund. 

Sec. 1515. Other Department of Defense programs. 

Sec. 1516. Limitations on Iraq Security Forces Fund. 

Sec. 1517. Continuation of prohibition on use of United States funds for certain facilities projects in Iraq. 

Sec. 1518. Special transfer authority. 

Sec. 1519. Treatment as additional authorizations. 

TITLE XVI—GUAM WORLD WAR II LOYALTY RECOGNITION ACT 

Sec. 1601. Short title. 

Sec. 1602. Recognition of the suffering and loyalty of the residents of Guam. 

Sec. 1603. Payments for Guam World War II claims. 

Sec. 1604. Adjudication. 

Sec. 1605. Grants program to memorialize the occupation of Guam during 

World War II. 

Sec. 1606. Authorization of appropriations. 

DIVISION B—MILITARY CONSTRUCTION AUTHORIZATIONS 

Sec. 2001. Short title. 

Sec. 2002. Expiration of authorizations and amounts required to be specified 

by law. 

Sec. 2003. Effective date. 

TITLE XXI—ARMY 

Sec. 2101. Authorized Army construction and land acquisition projects. 

Sec. 2102. Family housing. 

Sec. 2103. Improvements to military family housing units. 
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Sec. 2104. Authorization of appropriations, Army. 

Sec. 2105. Modification of authority to carry out certain fiscal year 2009 

project. 

Sec. 2106. Extension of authorizations of certain fiscal year 2006 projects. 

TITLE XXII—NAVY 

Sec. 2201. Authorized Navy construction and land acquisition projects. 

Sec. 2202. Family housing. 

Sec. 2203. Improvements to military family housing units. 

Sec. 2204. Authorization of appropriations, Navy. 

Sec. 2205. Modification and extension of authority to carry out certain fiscal 

year 2006 project. 

TITLE XXIII—AIR FORCE 

Sec. 2301. Authorized Air Force construction and land acquisition projects. 

Sec. 2302. Family housing. 

Sec. 2303. Improvements to military family housing units. 

Sec. 2304. Authorization of appropriations, Air Force. 

Sec. 2305. Extension of authorizations of certain fiscal year 2007 projects. 

Sec. 2306. Extension of authorizations of certain fiscal year 2006 projects. 

TITLE XXIV—DEFENSE AGENCIES 

Subtitle A—Defense Agency Authorizations 

Sec. 2401. Authorized Defense Agencies construction and land acquisition 

projects. 

Sec. 2402. Authorization of appropriations, Defense Agencies. 

Sec. 2403. Modification of authority to carry out certain fiscal year 2008 

project. 

Sec. 2404. Modification of authority to carry out certain fiscal year 2009 

project. 

Sec. 2405. Extension of authorizations of certain fiscal year 2007 project. 

Subtitle B—Chemical Demilitarization Authorizations 

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

TITLE XXV—NORTH ATLANTIC TREATY ORGANIZATION 

SECURITY INVESTMENT PROGRAM 

Sec. 2501. Authorized NATO construction and land acquisition projects. 

Sec. 2502. Authorization of appropriations, NATO. 

TITLE XXVI—GUARD AND RESERVE FORCES FACILITIES 

Sec. 2601. Authorized Army National Guard construction and land acquisition 

projects. 

Sec. 2602. Authorized Army Reserve construction and land acquisition projects. 

Sec. 2603. Authorized Navy Reserve and Marine Corps Reserve construction 

and land acquisition projects. 

Sec. 2604. Authorized Air National Guard construction and land acquisition 

projects. 

Sec. 2605. Authorized Air Force Reserve construction and land acquisition 

projects. 
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Sec. 2606. Authorization of appropriations, National Guard and Reserve. 

Sec. 2607. Extension of authorizations of certain fiscal year 2007 projects. 

Sec. 2608. Extension of authorizations of certain fiscal year 2006 project. 

TITLE XXVII—BASE CLOSURE AND REALIGNMENT ACTIVITIES 

Subtitle A—Authorizations 

Sec. 2701. Authorization of appropriations for base closure and realignment activities funded through Department of Defense Base Closure 

Account 1990. 

Sec. 2702. Authorized base closure and realignment activities funded through 

Department of Defense Base Closure Account 2005. 

Sec. 2703. Authorization of appropriations for base closure and realignment activities funded through Department of Defense Base Closure 

Account 2005. 

Subtitle B—Amendments to Base Closure and Related Laws 

Sec. 2711. Use of economic development conveyances to implement base closure 

and realignment property recommendations. 

Subtitle C—Other Matters 

Sec. 2721. Sense of Congress on ensuring joint basing recommendations do not 

adversely affect operational readiness. 

Sec. 2722. Modification of closure instructions regarding Paul Doble Army Reserve Center, Portsmouth, New Hampshire. 

Sec. 2723. Sense of Congress regarding traffic mitigation in vicinity of National Naval Medical Center, Bethesda, Maryland, in response 

to installation expansion. 

TITLE XXVIII—MILITARY CONSTRUCTION GENERAL PROVISIONS 

Subtitle A—Military Construction Program and Military Family Housing 

Changes 

Sec. 2801. Modification of unspecified minor construction authorities. 

Sec. 2802. Congressional notification of facility repair projects carried out 

using operation and maintenance funds. 

Sec. 2803. Authorized scope of work variations for military construction 

projects and military family housing projects. 

Sec. 2804. Imposition of requirement that acquisition of reserve component facilities be authorized by law. 

Sec. 2805. Report on Department of Defense contributions to States for acquisition, construction, expansion, rehabilitation, or conversion of 

reserve component facilities. 

Sec. 2806. Authority to use operation and maintenance funds for construction 

projects inside the United States Central Command area of responsibility. 

Sec. 2807. Expansion of First Sergeants Barracks Initiative. 

Sec. 2808. Reports on privatization initiatives for military unaccompanied housing. 

Subtitle B—Real Property and Facilities Administration 
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Sec. 2811. Imposition of requirement that leases of real property to the United 

States with annual rental costs of more than $750,000 be authorized by law. 

Sec. 2812. Consolidation of notice-and-wait requirements applicable to leases of 

real property owned by the United States. 

Sec. 2813. Clarification of authority of military departments to acquire low-cost 

interests in land and interests in land when need is urgent. 

Sec. 2814. Modification of utility systems conveyance authority. 

Sec. 2815. Decontamination and use of former bombardment area on island of 

Culebra. 

Sec. 2816. Disposal of excess property of Armed Forces Retirement Home. 

Sec. 2817. Acceptance of contributions to support cleanup efforts at former Almaden Air Force Station, California. 

Sec. 2818. Limitation on establishment of Navy outlying landing fields. 

Sec. 2819. Prohibition on outlying landing field at Sandbanks or Hale’s Lake, 

North Carolina, for Oceana Naval Air Station. 

Sec. 2820. Selection of military installations to serve as locations of brigade 

combat teams. 

Sec. 2821. Authority to provide financial assistance to local communities for 

development of public infrastructure directly supporting expansion of military installations. 

Sec. 2822. Comptroller General report on Navy security measures for 

Laurelwood Housing complex, Naval Weapons Station, Earle, 

New Jersey. 

Subtitle C—Provisions Related to Guam Realignment 

Sec. 2831. Role of Under Secretary of Defense for Policy in management and 

coordination of Department of Defense activities relating to 

Guam realignment. 

Sec. 2832. Clarifications regarding use of special purpose entities to assist with 

Guam realignment. 

Sec. 2833. Workforce issues related to military construction and certain other 

transactions on Guam. 

Sec. 2834. Composition of workforce for construction projects funded through 

the Support for United States Relocation to Guam Account. 

Sec. 2835. Interagency Coordination Group of Inspector Generals for Guam 

Realignment. 

Sec. 2836. Compliance with Naval Aviation Safety requirements as condition on 

acceptance of replacement facility for Marine Corps Air Station, Futenma, Okinawa. 

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

Subtitle D—Energy Security 

Sec. 2841. Adoption of unified energy monitoring and management system 

specification for military construction and military family housing activities. 

Sec. 2842. Department of Defense use of electric and hybrid motor vehicles. 

Sec. 2843. Department of Defense goal regarding use of renewable energy 

sources to meet facility energy needs. 

Sec. 2844. Comptroller General report on Department of Defense renewable energy initiatives. 

Sec. 2845. Study on development of nuclear power plants on military installations. 
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Sec. 2846. Department of Defense participation in programs for management 

of energy demand or reduction of energy usage during peak periods. 

Subtitle E—Land Conveyances 

Sec. 2851. Transfer of administrative jurisdiction, Port Chicago Naval Magazine, California. 

Sec. 2852. Land conveyances, Naval Air Station, Barbers Point, Hawaii. 

Sec. 2853. Modification of land conveyance, former Griffiss Air Force Base, 

New York. 

Sec. 2854. Land conveyance, Army Reserve Center, Chambersburg, Pennsylvania. 

Sec. 2855. Land conveyance, Naval Air Station Oceana, Virginia. 

Sec. 2856. Land conveyance, Haines Tank Farm, Haines, Alaska. 

Sec. 2857. Completion of land exchange and consolidation, Fort Lewis, Washington. 

Sec. 2858. Land conveyance, Ferndale housing at Centerville Beach Naval Facility to City of Ferndale, California. 

Subtitle F—Other Matters 

Sec. 2871. Revised authority to establish national monument to honor United 

States Armed Forces working dog teams. 

Sec. 2872. Naming of child development center at Fort Leonard Wood, Missouri, in honor of Mr. S. Lee Kling. 

Sec. 2873. Conditions on establishment of Cooperative Security Location in 

Palanquero, Colombia. 

Sec. 2874. Military activities at United States Marine Corps Mountain Warfare 

Training Center. 

TITLE XXIX—OVERSEAS CONTINGENCY OPERATIONS MILITARY 

CONSTRUCTION AUTHORIZATIONS 

Sec. 2901. Authorized Army construction and land acquisition projects. 

Sec. 2902. Authorized Air Force construction and land acquisition projects. 

Sec. 2903. Construction authorization for facilities for Office of Defense Representative-Pakistan. 

DIVISION C—DEPARTMENT OF ENERGY NATIONAL SECURITY 

AUTHORIZATIONS AND OTHER AUTHORIZATIONS 

TITLE XXXI—DEPARTMENT OF ENERGY NATIONAL SECURITY 

PROGRAMS 

Subtitle A—National Security Programs Authorizations 

Sec. 3101. National Nuclear Security Administration. 

Sec. 3102. Defense environmental cleanup. 

Sec. 3103. Other defense activities. 

Sec. 3104. Defense nuclear waste disposal. 

Sec. 3105. Energy security and assurance. 

Subtitle B—Program Authorizations, Restrictions, and Limitations 

Sec. 3111. Stockpile stewardship program. 

Sec. 3112. Stockpile management program. 
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Sec. 3113. Plan for execution of stockpile stewardship and stockpile management programs. 

Sec. 3114. Dual validation of annual weapons assessment and certification. 

Sec. 3115. Annual long-term plan for the modernization and refurbishment of 

the nuclear security complex. 

Subtitle C—Reports 

Sec. 3121. Comptroller General review of management and operations contract 

costs for national security laboratories. 

Sec. 3122. Plan to ensure capability to monitor, analyze, and evaluate foreign 

nuclear weapons activities. 

TITLE XXXII—DEFENSE NUCLEAR FACILITIES SAFETY BOARD 

Sec. 3201. Authorization. 

TITLE XXXIV—NAVAL PETROLEUM RESERVES 

Sec. 3401. Authorization of appropriations. 

TITLE XXXV—MARITIME ADMINISTRATION 

Sec. 3501. Authorization of appropriations for fiscal year 2010. 

Sec. 3502. Liquidation of unused leave balance at the United States Merchant 

Marine Academy. 

Sec. 3503. Adjunct professors. 

Sec. 3504. Maritime loan guarantee program. 

Sec. 3505. Defense measures against unauthorized seizures of Maritime Security Fleet vessels. 

Sec. 3506. Defense of vessels and cargos against piracy. 

Sec. 3507. Technical corrections to State maritime academies student incentive 

program. 

Sec. 3508. Limitation on disposal of interest in certain vessels. 

DIVISION D—DISABLED MILITARY RETIREE RELIEF ACT OF 2009 

Sec. 1. Short title. 

Sec. 2. Table of contents. 

TITLE I—COMPENSATION AND BENEFITS FOR MEMBERS OF THE 

ARMED FORCES AND MILITARY RETIREES 

Subtitle A—Bonuses and Special and Incentive Pays 

Sec. 101. One-year extension of certain bonus and special pay authorities for 

reserve forces. 

Sec. 102. One-year extension of certain bonus and special pay authorities for 

health care professionals. 

Sec. 103. One-year extension of special pay and bonus authorities for nuclear 

officers. 

Sec. 104. One-year extension of authorities relating to title 37 consolidated special pay, incentive pay, and bonus authorities. 

Sec. 105. One-year extension of authorities relating to payment of other title 

37 bonuses and special pay. 

Sec. 106. One-year extension of authorities relating to payment of referral bonuses. 
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Sec. 107. Technical corrections and conforming amendments to reconcile conflicting amendments regarding continued payment of bonuses 

and similar benefits for certain members. 

Subtitle B—Retired Pay Benefits 

Sec. 111. Recomputation of retired pay and adjustment of retired grade of Reserve retirees to reflect service after retirement. 

Sec. 112. Election to receive retired pay for non-regular service upon retirement 

for service in an active reserve status performed after attaining 

eligibility for regular retirement. 

Subtitle C—Concurrent Receipt of Military Retired Pay and Veterans’ 

Disability Compensation 

Sec. 121. One-year expansion of eligibility for concurrent receipt of military retired pay and veterans’ disability compensation to include all 

chapter 61 disability retirees regardless of disability rating percentage or years of service. 

TITLE II—FEDERAL EMPLOYEE BENEFITS 

Subtitle A—General Provisions 

Sec. 201. Credit for unused sick leave. 

Sec. 202. Limited expansion of the class of individuals eligible to receive an actuarially reduced annuity under the civil service retirement system. 

Sec. 203. Computation of certain annuities based on part-time service. 

Sec. 204. Authority to deposit refunds under FERS. 

Sec. 205. Retirement credit for service of certain employees transferred from 

District of Columbia service to Federal service. 

Subtitle B—Non-Foreign Area Retirement Equity Assurance 

Sec. 211. Short title. 

Sec. 212. Extension of Locality Pay. 

Sec. 213. Adjustment of special rates. 

Sec. 214. Transition schedule for locality-based comparability payments. 

Sec. 215. Savings provision. 

Sec. 216. Application to other eligible employees. 

Sec. 217. Election of additional basic pay for annuity computation by employees. 

Sec. 218. Regulations. 

Sec. 219. Effective dates. 

TITLE III—DEEPWATER OIL AND GAS RESEARCH AND 

DEVELOPMENT FUNDING SOURCE REPEAL 

Sec. 301. Repeal. 
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1 SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES. 

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

5 DIVISION A—DEPARTMENT OF 

6 DEFENSE AUTHORIZATIONS 

7 TITLE I—PROCUREMENT 

Subtitle A—Authorization of Appropriations 

Sec. 101. Army. 

Sec. 102. Navy and Marine Corps. 

Sec. 103. Air Force. 

Sec. 104. Defense-wide activities. 

Sec. 105. National Guard and Reserve equipment. 

Sec. 106. Rapid Acquisition Fund. 

Subtitle B—Army Programs 

Sec. 111. Restriction on obligation of funds for army tactical radio systems. 

Sec. 112. Procurement of future combat systems spin out early-infantry brigade 

combat team equipment. 

Subtitle C—Navy Programs 

Sec. 121. Littoral combat ship program. 

Sec. 122. Ford-class aircraft carrier report and limitation on use of funds. 

Sec. 123. Advance procurement funding. 

Sec. 124. Multiyear procurement authority for F/A–18E, F/A–18F, and EA– 

18G aircraft. 

Sec. 125. Multiyear procurement authority for DDG–51 Burke-class destroyers. 

Subtitle D—Air Force Programs 

Sec. 131. Repeal of certification requirement for F–22A fighter aircraft. 

Sec. 132. Preservation and storage of unique tooling for F–22 fighter aircraft. 

Sec. 133. Report on 4.5 generation fighter procurement. 

Sec. 134. Reports on strategic airlift aircraft. 

Sec. 135. Strategic airlift force structure. 

Sec. 136. Repeal of requirement to maintain certain retired C–130E aircraft. 

Subtitle E—Joint and Multiservice Matters 

Sec. 141. Body armor procurement. 

Sec. 142. Unmanned cargo-carrying-capable aerial vehicles. 
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1 Subtitle A—Authorization of 

2 Appropriations 

3 SEC. 101. ARMY. 

4 Funds are hereby authorized to be appropriated for 

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

6 (1) For aircraft, $4,828,632,000. 

7 (2) For missiles, $1,320,109,000. 

8 (3) For weapons and tracked combat vehicles, 

9 $2,500,952,000. 

10 (4) For ammunition, $2,070,095,000. 

11 (5) For other procurement, $9,762,539,000. 

12 SEC. 102. NAVY AND MARINE CORPS. 

13 (a) NAVY.—Funds are hereby authorized to be appro14 priated for fiscal year 2010 for procurement for the Navy 

15 as follows: 

16 (1) For aircraft, $18,102,112,000. 

17 (2) For weapons, including missiles and tor18 pedoes, $3,453,455,000. 

19 (3) For shipbuilding and conversion, 

20 $13,786,867,000. 

21 (4) For other procurement, $5,689,176,000. 

22 (b) MARINE CORPS.—Funds are hereby authorized to 

23 be appropriated for fiscal year 2010 for procurement for 

24 the Marine Corps in the amount of $1,712,138,000. 
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1 (c) NAVY AND MARINE CORPS AMMUNITION.—Funds 

2 are hereby authorized to be appropriated for fiscal year 

3 2010 for procurement of ammunition for the Navy and 

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

5 SEC. 103. AIR FORCE. 

6 Funds are hereby authorized to be appropriated for 

7 fiscal year 2010 for procurement for the Air Force as fol8 lows: 

9 (1) For aircraft, $11,991,991,000. 

10 (2) For ammunition, $822,462,000. 

11 (3) For missiles, $6,211,628,000. 

12 (4) For other procurement, $17,299,841,000. 

13 SEC. 104. DEFENSE-WIDE ACTIVITIES. 

14 Funds are hereby authorized to be appropriated for 

15 fiscal year 2010 for Defense-wide procurement in the 

16 amount of $4,150,562,000. 

17 SEC. 105. NATIONAL GUARD AND RESERVE EQUIPMENT. 

18 Funds are hereby authorized to be appropriated for 

19 fiscal year 2010 for the procurement of aircraft, missiles, 

20 wheeled and tracked combat vehicles, tactical wheeled ve21 hicles, ammunition, other weapons, and other procurement 

22 for the reserve components of the Armed Forces in the 

23 amount of $600,000,000. 
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1 SEC. 106. RAPID ACQUISITION FUND. 

2 Funds are hereby authorized to be appropriated for 

3 fiscal year 2010 for the Rapid Acquisition Fund in the 

4 amount of $55,000,000. 

5 Subtitle B—Army Programs 

6 SEC. 111. RESTRICTION ON OBLIGATION OF FUNDS FOR 

7 ARMY TACTICAL RADIO SYSTEMS. 

8 (a) LIMITATION ON OBLIGATION OF FUNDS.—Except 

9 as provided in subsection (b), none of the funds authorized 

10 to be appropriated by this Act for fiscal year 2010 for 

11 procurement, Army, may be obligated or expended for tac12 tical radio systems. 

13 (b) EXCEPTIONS.—The limitation on obligation of 

14 funds in subsection (a) does not apply to the following: 

15 (1) A tactical radio system that is approved by 

16 the joint program executive officer of the joint tac17 tical radio system if the Secretary of Defense noti18 fies the congressional defense committees in writing 

19 of such approval. 

20 (2) A tactical radio system procured specifically 

21 to meet— 

22 (A) an operational need (as described in 

23 Army Regulation 71–9 or a successor regula24 tion); or 
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1 (B) a joint urgent operational need (as de2 scribed in Chairman of the Joint Chiefs of Staff 

3 Instruction 3470.01 or a successor instruction). 

4 (3) A tactical radio system for an unmanned 

5 ground vehicle system. 

6 (4) Commercially available tactical radios with 

7 joint tactical radio system capabilities. 

8 SEC. 112. PROCUREMENT OF FUTURE COMBAT SYSTEMS 

9 SPIN OUT EARLY-INFANTRY BRIGADE COM10 BAT TEAM EQUIPMENT. 

11 (a) LIMITATION ON LOW-RATE INITIAL PRODUCTION

12 QUANTITIES.—Notwithstanding section 2400 of title 10, 

13 United States Code, with respect to covered Future Com14 bat Systems equipment, the Secretary of Defense may pro15 cure for low-rate initial production only such equipment 

16 that is necessary for one brigade. 

17 (b) LIMITATION ON OBLIGATION OF FUNDS.—Of the 

18 amounts authorized to be appropriated by this Act or oth19 erwise made available for fiscal years 2010 or 2011 for 

20 the procurement of covered Future Combat Systems 

21 equipment, the Secretary of Defense may obligate or ex22 pend funds only for the procurement of such equipment 

23 that is necessary for one brigade. 

24 (c) EXCEPTION FOR MEETING OPERATIONAL NEED

25 STATEMENT REQUIREMENTS.—The limitation on low-rate 
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1 initial production in subsection (a) and the limitation on 

2 obligation of funds in subsection (b) do not apply if the 

3 procurement of covered Future Combat Systems equip4 ment is specifically intended to address an operational 

5 need statement requirement. 

6 (d) COVERED FUTURE COMBAT SYSTEMS EQUIP7 MENT DEFINED.—For the purposes of this section, the 

8 term ‘‘covered Future Combat Systems equipment’’ means 

9 the following: 

10 (1) Future Combat Systems non-line of sight 

11 launcher systems. 

12 (2) Future Combat Systems unattended ground 

13 sensors. 

14 (3) Future Combat Systems class I unmanned 

15 aerial systems. 

16 (4) Future Combat Systems small unmanned 

17 ground vehicles. 

18 (5) Future Combat Systems integrated control 

19 system computers. 

20 (6) Any vehicular kits needed to integrate and 

21 operate a system listed in paragraph (1), (2), (3), 

22 (4), or (5). 
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1 Subtitle C—Navy Programs 

2 SEC. 121. LITTORAL COMBAT SHIP PROGRAM. 

3 (a) LIMITATION OF COSTS.—Except as provided in 

4 subsection (b) or (c), of the amounts authorized to be ap5 propriated in this Act or otherwise made available for fis6 cal year 2010 or any fiscal year thereafter for the procure7 ment of Littoral Combat Ship vessels, not more than 

8 $460,000,000 may be obligated or expended for each ves9 sel procured (not including amounts obligated or expended 

10 for elements designated by the Secretary of the Navy as 

11 a mission package). 

12 (b) SPECIFIC REQUIREMENT FOR FISCAL YEAR

13 2010.—Of the amounts authorized to be appropriated in 

14 this Act or otherwise made available for fiscal year 2010 

15 or any fiscal year thereafter for shipbuilding conversion, 

16 Navy, the Secretary of the Navy may obligate not more 

17 than $80,000,000 to produce a technical data package for 

18 each type of Littoral Combat Ship vessel, if the Sec19 retary— 

20 (1) is unable to— 

21 (A) submit to the congressional defense 

22 committees a certification under subsection (g) 

23 during fiscal year 2010; and 

24 (B) enter into a contract for the construc25 tion of a Littoral Combat Ship vessel in fiscal 
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1 year 2010 because of the limitation of costs in 

2 section 124 of the National Defense Authoriza3 tion Act for Fiscal Year 2006 (Public Law 

4 109–163; 119 Stat. 3157), as amended; or 

5 (2) is unable to enter into a contract for the 

6 construction of a Littoral Combat Ship vessel in fis7 cal year 2010 because of the limitation of costs in 

8 subsection (a) after submitting to the congressional 

9 defense committees a certification under subsection 

10 (g). 

11 (c) ADJUSTMENT OF LIMITATION AMOUNT.—With 

12 respect to the procurement of a Littoral Combat Ship ves13 sel referred to in subsection (a), the Secretary may adjust 

14 the amount set forth in such subsection by the following: 

15 (1) The amounts of increases or decreases in 

16 costs attributable to economic inflation after Sep17 tember 30, 2009. 

18 (2) The amounts of increases or decreases in 

19 costs attributable to compliance with changes in 

20 Federal, State, or local laws enacted after Sep21 tember 30, 2009. 

22 (3) The amounts of outfitting costs and post23 delivery costs incurred for the vessel. 

24 (4) The amounts of increases or decreases in 

25 costs attributable to the insertion of new technology 
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1 into the vessel, as compared to the technology used 

2 in the first and second Littoral Combat Ship vessels 

3 procured by the Secretary, if the Secretary deter4 mines, and certifies to the congressional defense 

5 committees, that insertion of the new technology— 

6 (A) would lower the life-cycle cost of the 

7 vessel; or 

8 (B) is required to meet an emerging threat 

9 and the Secretary of Defense certifies to those 

10 committees that such threat poses grave harm 

11 to national security. 

12 (d) ANNUAL REPORTS.—At the same time that the 

13 budget is submitted under section 1105(a) of title 31, 

14 United States Code, for each fiscal year, the Secretary 

15 shall submit to the congressional defense committees a re16 port on Littoral Combat Ship vessels. Such report shall 

17 include the following: 

18 (1) Written notice of any change in the amount 

19 set forth in subsection (a) that is made under sub20 section (c). 

21 (2) Information, current as of the date of the 

22 report, regarding— 

23 (A) the content of any element of the ves24 sels that is designated as a mission package; 
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1 (B) the estimated cost of any such ele2 ment; and 

3 (C) the total number of such elements an4 ticipated. 

5 (3) Actual and estimated costs associated 

6 with— 

7 (A) the material and equipment for basic 

8 construction of each vessel; and 

9 (B) the material and equipment for propul10 sion, weapons, and communications systems of 

11 each vessel. 

12 (4) Actual and estimated man-hours of labor 

13 and labor rates associated with each vessel being 

14 procured (listed separately from any other man15 hours and labor rates data). 

16 (5) Actual and estimated fees paid to contrac17 tors for meeting contractually obligated cost and 

18 schedule performance milestones. 

19 (e) DEFINITIONS.—In this section: 

20 (1) The term ‘‘mission package’’ means the 

21 interchangeable combat systems that deploy with a 

22 Littoral Combat Ship vessel. 

23 (2) The term ‘‘technical data package’’ means 

24 a compilation of detailed engineering plans for con25 struction of a Littoral Combat Ship vessel. 
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1 (f) CONFORMING REPEAL.—Section 124 of the Na2 tional Defense Authorization Act for Fiscal Year 2006 

3 (Public Law 109–163) is repealed. 

4 (g) EFFECTIVE DATE.— 

5 (1) LIMITATION ON COSTS.—Subsections (a) 

6 and (c) shall take effect on the date that is 15 days 

7 after the date on which the Secretary of the Navy 

8 certifies in writing to the congressional defense com9 mittees the following: 

10 (A) The Secretary has accepted delivery of 

11 the USS Freedom (LCS 1) and the USS Inde12 pendence (LCS 2) following successful comple13 tion of acceptance trials. 

14 (B) The repeal of section 124 of the Na15 tional Defense Authorization Act for Fiscal 

16 Year 2006 (Public Law 109–163; 119 Stat. 

17 3157) made by subsection (f) is necessary for 

18 the Secretary to— 

19 (i) award a contract for a Littoral 

20 Combat Ship vessel in fiscal year 2010; 

21 and 

22 (ii) maintain sufficient government 

23 oversight of the Littoral Combat Ship ves24 sel program. 
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1 (C) The Secretary has conducted a thor2 ough analysis of the requirements for the per3 formance, system, and design of both Littoral 

4 Combat Ship variants and determined that fur5 ther changes to such requirements will not re6 duce— 

7 (i) the cost of either such variant; and 

8 (ii) the warfighting utility of such ves9 sel. 

10 (D) A construction contract for a Littoral 

11 Combat Ship vessel in fiscal year 2010 will be 

12 awarded only to a contractor that— 

13 (i) with respect to a contract for the 

14 Littoral Combat Ship vessel awarded in 

15 fiscal year 2009— 

16 (I) is maintaining excellent cost 

17 and schedule performance; and 

18 (II) the Secretary determines 

19 that the affordability and efficiency of 

20 the construction of such a vessel are 

21 improving at a satisfactory rate; and 

22 (ii) based on the data available from 

23 the developmental and operational assess24 ment testing of such contractor’s vessel 

25 and associated mission packages, the Sec-
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1 retary, in consultation with the Chief of 

2 Naval Operations, has determined that it 

3 is in the best interest of the Navy to pro4 cure such additional Littoral Combat Ship 

5 vessels prior to the completion of oper6 ational test and evaluation. 

7 (E) With respect to funds that are avail8 able for shipbuilding and conversion, Navy, for 

9 fiscal year 2010 for the procurement of Littoral 

10 Combat Ship vessels— 

11 (i) such funds are sufficient to award 

12 contracts for three additional Littoral 

13 Combat Ship vessels; or 

14 (ii) if such funds are insufficient to 

15 award contracts for three additional Lit16 toral Combat Ship vessels, the Secretary 

17 has the ability to promote competition for 

18 the Littoral Combat Ship vessels that are 

19 procured in order to ensure the best value 

20 to the Government. 

21 (2) REPEAL.—The repeal of section 124 of the 

22 National Defense Authorization Act for Fiscal Year 

23 2006 (Public Law 109–163; 119 Stat. 3157) made 

24 by subsection (f) shall take effect on the date that 

25 is 15 days after the date on which the certification 
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1 under paragraph (1) is received by the congressional 

2 defense committees. 

3 SEC. 122. FORD-CLASS AIRCRAFT CARRIER REPORT AND 

4 LIMITATION ON USE OF FUNDS. 

5 (a) REPORT REQUIRED.—Not later than February 1, 

6 2010, the Secretary of the Navy shall submit to the con7 gressional defense committees a report on the effects of 

8 using a five-year interval for the construction of Ford9 class aircraft carriers. The report shall include, at a min10 imum, an assessment of the effects of such interval on 

11 the following: 

12 (1) With respect to the supplier base— 

13 (A) the viability of the base, including sup14 pliers exiting the market or other potential re15 ductions in competition; and 

16 (B) cost increases to the Ford-class air17 craft carrier program. 

18 (2) Training of individuals in trades related to 

19 ship construction. 

20 (3) Loss of expertise associated with ship con21 struction. 

22 (4) The costs of— 

23 (A) any additional technical support or 

24 production planning associated with the start of 

25 construction; 
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1 (B) material and labor; 

2 (C) overhead; and 

3 (D) other ship construction programs, in4 cluding the costs of existing and future con5 tracts. 

6 (b) LIMITATION ON USE OF FUNDS.—With respect 

7 to the aircraft carrier designated CVN–79, none of the 

8 amounts authorized to be appropriated for fiscal year 

9 2010 for research, development, test, and evaluation or 

10 advance procurement for such aircraft carrier may be obli11 gated or expended for activities that would limit the ability 

12 of the Secretary of the Navy to award a construction con13 tract for— 

14 (1) such aircraft carrier in fiscal year 2012; or 

15 (2) the aircraft carrier designated CVN–80 in 

16 fiscal year 2016. 

17 SEC. 123. ADVANCE PROCUREMENT FUNDING. 

18 (a) ADVANCE PROCUREMENT.—With respect to a 

19 naval vessel for which amounts are authorized to be appro20 priated or otherwise made available for fiscal year 2010 

21 or any fiscal year thereafter for advance procurement in 

22 shipbuilding and conversion, Navy, the Secretary of the 

23 Navy may enter into a contract, in advance of a contract 

24 for construction of any vessel, for any of the following: 

25 (1) Components, parts, or materiel. 
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1 (2) Production planning and other related sup2 port services that reduce the overall procurement 

3 lead time of such vessel. 

4 (b) AIRCRAFT CARRIER DESIGNATED CVN–79.— 

5 With respect to components of the aircraft carrier des6 ignated CVN–79 for which amounts are authorized to be 

7 appropriated or otherwise made available for fiscal year 

8 2010 or any fiscal year thereafter for advance procure9 ment in shipbuilding and conversion, Navy, the Secretary 

10 of the Navy may enter into a contract for the advance 

11 construction of such components if the Secretary deter12 mines that cost savings, construction efficiencies, or work13 force stability may be achieved for such aircraft carrier 

14 through the use of such contracts. 

15 (c) CONDITION OF OUT-YEAR CONTRACT PAY16 MENTS.—A contract entered into under subsection (b) 

17 shall provide that any obligation of the United States to 

18 make a payment under such contract for any fiscal year 

19 after fiscal year 2010 is subject to the availability of ap20 propriations for that purpose for such fiscal year. 

21 SEC. 124. MULTIYEAR PROCUREMENT AUTHORITY FOR F/A– 

22 18E, F/A–18F, AND EA–18G AIRCRAFT. 

23 (a) AUTHORITY FOR MULTIYEAR PROCUREMENT.— 

24 Notwithstanding paragraphs (1) and (7) of section 

25 2306b(i) of title 10, United States Code, the Secretary 
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1 of the Navy may enter into a multiyear contract, begin2 ning with the fiscal year 2010 program year, for the pro3 curement of F/A–18E, F/A–18F, or EA–18G aircraft and 

4 Government-furnished equipment associated with such 

5 aircraft. 

6 (b) REPORT OF FINDINGS.—Not less than 30 days 

7 before the date on which a contract is awarded under sub8 section (a), the Secretary of the Navy shall submit to the 

9 congressional defense committees a report containing the 

10 findings required under subsection (a) of section 2306b 

11 of title 10, United States Code. 

12 SEC. 125. MULTIYEAR PROCUREMENT AUTHORITY FOR 

13 DDG–51 BURKE-CLASS DESTROYERS. 

14 (a) AUTHORITY FOR MULTIYEAR PROCUREMENT.— 

15 Notwithstanding paragraphs (1) and (7) of section 

16 2306b(i) of title 10, United States Code, the Secretary 

17 of the Navy may enter into a multiyear contract, begin18 ning with the fiscal year 2010 program year, for the pro19 curement of DDG–51 Burke-class destroyers and Govern20 ment-furnished equipment associated with such destroy21 ers. 

22 (b) REPORT OF FINDINGS.—Not less than 30 days 

23 before the date on which a contract is awarded under sub24 section (a), the Secretary of the Navy shall submit to the 

25 congressional defense committees a report containing the 
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1 findings required under subsection (a) of section 2306b 

2 of title 10, United States Code. 

3 SEC. 126. CONVERSION OF CERTAIN VESSELS; LEASING 

4 RATES. 

5 (a) USE OF FUNDS FOR CONVERSION.—Of the funds 

6 authorized to be appropriated or otherwise made available 

7 for fiscal year 2010 for weapons procurement, Navy, for 

8 Mk–46 torpedo modifications, the Secretary of the Navy 

9 may obligate not more than $35,000,000 for lease and 

10 conversion of any covered vessel that, as a result of default 

11 on a loan guaranteed for the vessels under chapter 537 

12 of title 46, United States Code, has become the property 

13 of the United States, such that the Maritime Adminis14 trator has rights to dispose of the financial interest of the 

15 United States in the covered vessels. 

16 (b) DETERMINATION OF LEASING RATES.—The 

17 Maritime Administrator shall coordinate with the Sec18 retary of the Navy to determine leasing rates that meet 

19 the obligation of the United States with respect to any 

20 loan guarantee for the vessels. 

21 (c) MODIFICATION TO A COVERED VESSEL.—The 

22 Secretary of the Navy may make necessary modifications 

23 to a covered vessel for military utility as the Secretary con24 siders appropriate. 
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1 (d) COVERED VESSEL DEFINED.—In this section the 

2 term ‘‘covered vessel’’ means each of— 

3 (1) the vessel Huakai (United States official 

4 number 1215902); and 

5 (2) the vessel Alakai (United States official 

6 number 1182234). 

7 Subtitle D—Air Force Programs 

8 SEC. 131. REPEAL OF CERTIFICATION REQUIREMENT FOR 

9 F–22A FIGHTER AIRCRAFT. 

10 Section 134 of the Duncan Hunter National Defense 

11 Authorization Act for Fiscal Year 2009 (Public Law 110– 

12 417; 122 Stat. 4378) is repealed. 

13 SEC. 132. PRESERVATION AND STORAGE OF UNIQUE TOOL14 ING FOR F–22 FIGHTER AIRCRAFT. 

15 (a) PLAN.—The Secretary of the Air Force shall de16 velop a plan for the preservation and storage of unique 

17 tooling related to the production of hardware and end 

18 items for F–22 fighter aircraft. The plan shall— 

19 (1) ensure that the Secretary preserves and 

20 stores such tooling in a manner that allows the pro21 duction of such hardware and end items to be re22 started after a period of idleness; 

23 (2) with respect to the supplier base of such 

24 hardware and end items, identify the costs of re25 starting production; and 
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1 (3) identify any contract modifications, addi2 tional facilities, or funding that the Secretary deter3 mines necessary to carry out the plan. 

4 (b) RESTRICTION ON THE USE OF FUNDS.—None of 

5 the amounts authorized to be appropriated by this Act or 

6 otherwise made available for fiscal year 2010 for aircraft 

7 procurement, Air Force, for F–22 fighter aircraft may be 

8 obligated or expended for activities related to disposing of 

9 F–22 production tooling until a period of 45 days has 

10 elapsed after the date on which the Secretary submits to 

11 Congress a report describing the plan required by sub12 section (a). 

13 SEC. 133. REPORT ON 4.5 GENERATION FIGHTER PROCURE14 MENT. 

15 (a) IN GENERAL.—Not later than 90 days after the 

16 enactment of this Act, the Secretary of Defense shall sub17 mit to the congressional defense committees a report on 

18 4.5 generation fighter aircraft procurement. The report 

19 shall include the following: 

20 (1) The number of 4.5 generation fighter air21 craft for procurement for fiscal years 2011 through 

22 2025 necessary to fulfill the requirement of the Air 

23 Force to maintain not less than 2,200 tactical fight24 er aircraft. 
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1 (2) The estimated procurement costs for those 

2 aircraft if procured through single year procurement 

3 contracts. 

4 (3) The estimated procurement costs for those 

5 aircraft if procured through multiyear procurement 

6 contracts. 

7 (4) The estimated savings that could be derived 

8 from the procurement of those aircraft through a 

9 multiyear procurement contract, and whether the 

10 Secretary determines the amount of those savings to 

11 be substantial. 

12 (5) A discussion comparing the costs and bene13 fits of obtaining those aircraft through annual pro14 curement contracts with the costs and benefits of ob15 taining those aircraft through a multiyear procure16 ment contract. 

17 (6) A discussion regarding the availability and 

18 feasibility of F–35s in fiscal years 2015 through fis19 cal year 2025 to proportionally and concurrently re20 capitalize the Air National Guard. 

21 (7) The recommendations of the Secretary re22 garding whether Congress should authorize a 

23 multiyear procurement contract for 4.5 generation 

24 fighter aircraft. 
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1 (b) CERTIFICATIONS.—If the Secretary recommends 

2 under subsection (a)(7) that Congress authorize a 

3 multiyear procurement contract for 4.5 generation fighter 

4 aircraft, the Secretary shall submit to Congress the certifi5 cations required by section 2306b of title 10, United 

6 States Code, at the same time that the budget is sub7 mitted under section 1105(a) of title 31, United States 

8 Code, for fiscal year 2011. 

9 (c) 4.5 GENERATION FIGHTER AIRCRAFT DE10 FINED.—In this section, the term ‘‘4.5 generation fighter 

11 aircraft’’ means current fighter aircraft, including the F– 

12 15, F–16, and F–18, that— 

13 (1) have advanced capabilities, including— 

14 (A) AESA radar; 

15 (B) high capacity data-link; and 

16 (C) enhanced avionics; and 

17 (2) have the ability to deploy current and rea18 sonably foreseeable advanced armaments. 

19 SEC. 134. REPORTS ON STRATEGIC AIRLIFT AIRCRAFT. 

20 At least 120 days before the date on which a C–5 

21 aircraft is retired, the Secretary of the Air Force, in co22 ordination with the Director of the Air National Guard, 

23 shall submit to the congressional defense committees a re24 port on the proposed force structure and basing of stra25 tegic airlift aircraft (as defined in section 8062(g)(2) of 
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1 title 10, United States Code). Each report shall include 

2 the following: 

3 (1) A list of each aircraft in the inventory of 

4 strategic airlift aircraft, including for each such air5 craft— 

6 (A) the type; 

7 (B) the variant; and 

8 (C) the military installation where such 

9 aircraft is based. 

10 (2) A list of each strategic airlift aircraft pro11 posed for retirement, including for each such air12 craft— 

13 (A) the type; 

14 (B) the variant; and 

15 (C) the military installation where such 

16 aircraft is based. 

17 (3) A list of each unit affected by a proposed 

18 retirement listed under paragraph (2) and how such 

19 unit is affected. 

20 (4) For each military installation listed under 

21 paragraph (2)(C), any changes to the mission of the 

22 installation as a result of a proposed retirement. 

23 (5) Any anticipated reductions in manpower as 

24 a result of a proposed retirement listed under para25 graph (2). 
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1 (6) Any anticipated increases in manpower or 

2 military construction at a military installation as a 

3 result of an increase in force structure related to a 

4 proposed retirement listed under paragraph (2). 

5 SEC. 135. STRATEGIC AIRLIFT FORCE STRUCTURE. 

6 Subsection (g)(1) of section 8062 of title 10, United 

7 States Code, is amended— 

8 (1) by striking ‘‘2008’’ and inserting ‘‘2009’’; 

9 and 

10 (2) by striking ‘‘299’’ and inserting ‘‘316’’. 

11 SEC. 136. REPEAL OF REQUIREMENT TO MAINTAIN CER12 TAIN RETIRED C–130E AIRCRAFT. 

13 Section 134 of the National Defense Authorization 

14 Act for Fiscal Year 2008 (Public Law 110–181; 122 Stat. 

15 31) is amended— 

16 (1) by striking subsection (c); 

17 (2) by redesignating subsection (d) as sub18 section (c); and 

19 (3) in subsection (b), by striking ‘‘subsection 

20 (d)’’ and inserting ‘‘subsection (c)’’. 
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1 Subtitle E—Joint and Multiservice 

2 Matters 

3 SEC. 141. BODY ARMOR PROCUREMENT. 

4 (a) PROCUREMENT.—The Secretary of Defense shall 

5 ensure that body armor is procured using funds author6 ized to be appropriated by this title. 

7 (b) PROCUREMENT LINE ITEM.—In the budget mate8 rials submitted to the President by the Secretary of De9 fense in connection with the submission to Congress, pur10 suant to section 1105 of title 31, United States Code, of 

11 the budget for fiscal year 2011, and each subsequent fiscal 

12 year, the Secretary shall ensure that within each procure13 ment account, a separate, dedicated procurement line item 

14 is designated for body armor. 

15 SEC. 142. UNMANNED CARGO-CARRYING-CAPABLE AERIAL 

16 VEHICLES. 

17 None of the amounts authorized to be appropriated 

18 for procurement may be obligated or expended for an un19 manned cargo-carrying-capable aerial vehicle until a pe20 riod of 15 days has elapsed after the date on which the 

21 Vice Chairman of the Joint Chiefs of Staff and the Under 

22 Secretary of Defense for Acquisition, Technology, and Lo23 gistics certify to the congressional defense committees that 

24 the Joint Requirements Oversight Council has approved 
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1 a joint and common requirement for an unmanned cargo2 carrying-capable aerial vehicle type. 

3 TITLE II—RESEARCH, DEVELOP4 MENT, TEST, AND EVALUA5 TION 

Subtitle A—Authorization of Appropriations 

Sec. 201. Authorization of appropriations. 

Subtitle B—Program Requirements, Restrictions, and Limitations 

Sec. 211. Limitation on obligation of funds for the Navy Next Generation Enterprise Network. 

Sec. 212. Limitation on expenditure of funds for Joint Multi-Mission Submersible program. 

Sec. 213. Separate program elements required for research and development of 

individual body armor and associated components. 

Sec. 214. Separate procurement and research, development, test and evaluation 

line items and program elements for the F-35B and F-35C 

joint strike fighter aircraft. 

Sec. 215. Restriction on obligation of funds pending submission of Selected Acquisition Report. 

Sec. 216. Restriction on obligation of funds for Future Combat Systems program pending receipt of report. 

Sec. 217. Limitation of the obligation of funds for the Net-Enabled Command 

and Control system. 

Sec. 218. Limitation on obligation of funds for F-35 Lightning II program. 

Sec. 219. Programs required to provide the Army with ground combat vehicle 

and self-propelled artillery capabilities. 

Subtitle C—Missile Defense Programs 

Sec. 221. Integrated Air and Missile Defense System project. 

Sec. 222. Ground-based midcourse defense sustainment and modernization program. 

Sec. 223. Limitation on availability of funds for acquisition or deployment of 

missile defenses in Europe. 

Sec. 224. Sense of Congress reaffirming continued support for protecting the 

United States against limited ballistic missile attacks whether 

accidental, unauthorized, or deliberate. 

Sec. 225. Ascent phase missile defense strategy. 

Sec. 226. Availability of funds for a missile defense system for Europe and the 

United States. 

Subtitle D—Reports 

Sec. 231. Comptroller General assessment of coordination of energy storage device requirements and investments. 

Sec. 232. Annual Comptroller General report on the F-35 Lightning II aircraft 

acquisition program. 
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Sec. 233. Report on integration of Department of Defense intelligence, surveillance, and reconnaissance capabilities. 

Sec. 234. Report on future research and development of man-portable and vehicle-mounted guided missile systems. 

Subtitle E—Other Matters 

Sec. 241. Access of the Director of the Test Resource Management Center to 

Department of Defense information. 

Sec. 242. Inclusion in annual budget request and future-years defense program 

of sufficient amounts for continued development and procurement of competitive propulsion system for F-35 Lightning II. 

Sec. 243. Establishment of program to enhance participation of historically 

black colleges and universities and minority-serving institutions 

in defense research programs. 

Sec. 244. Extension of authority to award prizes for advanced technology 

achievements. 

Sec. 245. Executive Agent for Advanced Energetics. 

Sec. 246. Study on thorium-liquid fueled reactors for naval forces. 

Sec. 247. Visiting NIH Senior Neuroscience Fellowship Program. 

1 Subtitle A—Authorization of 

2 Appropriations 

3 SEC. 201. AUTHORIZATION OF APPROPRIATIONS. 

4 Funds are hereby authorized to be appropriated for 

5 fiscal year 2010 for the use of the Department of Defense 

6 for research, development, test, and evaluation as follows: 

7 (1) For the Army, $10,506,731,000. 

8 (2) For the Navy, $19,622,528,000. 

9 (3) For the Air Force, $28,508,561,000. 

10 (4) For Defense-wide activities, 

11 $21,016,672,000, of which $190,770,000 is author12 ized for the Director of Operational Test and Eval13 uation. 
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1 Subtitle B—Program Require2 ments, Restrictions, and Limita3 tions 

4 SEC. 211. LIMITATION ON OBLIGATION OF FUNDS FOR THE 

5 NAVY NEXT GENERATION ENTERPRISE NET6 WORK. 

7 (a) LIMITATION.—Of the amounts authorized to be 

8 appropriated described in subsection (b), not more than 

9 50 percent of the amounts remaining unobligated as of 

10 the date of the enactment of this Act may be obligated 

11 until the Secretary of the Navy submits to the congres12 sional defense committees a detailed architectural speci13 fication for the Next Generation Enterprise Network. 

14 (b) COVERED AUTHORIZATIONS OR APPROPRIA15 TIONS.—The amounts authorized to be appropriated de16 scribed in this subsection are amounts authorized to be 

17 appropriated for fiscal year 2010 for— 

18 (1) operation and maintenance for the Con19 tinuity of Service Contract for the Navy-Marine 

20 Corps Intranet; and 

21 (2) research, development, test, and evaluation 

22 for the Next Generation Enterprise Network. 
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1 SEC. 212. LIMITATION ON EXPENDITURE OF FUNDS FOR 

2 JOINT MULTI-MISSION SUBMERSIBLE PRO3 GRAM. 

4 None of the funds authorized to be appropriated by 

5 this or any other Act for fiscal year 2010 may be obligated 

6 or expended for the Joint Multi-Mission Submersible pro7 gram until the Secretary of Defense, in consultation with 

8 the Director of National Intelligence— 

9 (1) completes an assessment on the feasibility 

10 of a cost-sharing agreement between the Department 

11 of Defense and the intelligence community (as that 

12 term is defined in section 3(4) of the National Secu13 rity Act of 1947 (50 U.S.C. 401a(4))), for the Joint 

14 Multi-Mission Submersible program; 

15 (2) submits to the congressional defense com16 mittees and the intelligence committees the assess17 ment referred to in paragraph (1); and 

18 (3) certifies to the congressional defense com19 mittees and the intelligence committees that the 

20 agreement developed pursuant to the assessment re21 ferred to in paragraph (1) represents the most effec22 tive and affordable means of delivery for meeting a 

23 validated program requirement. 
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1 SEC. 213. SEPARATE PROGRAM ELEMENTS REQUIRED FOR 

2 RESEARCH AND DEVELOPMENT OF INDI3 VIDUAL BODY ARMOR AND ASSOCIATED COM4 PONENTS. 

5 In the budget materials submitted to the President 

6 by the Secretary of Defense in connection with the submis7 sion to Congress, pursuant to section 1105 of title 31, 

8 United States Code, of the budget for fiscal year 2011, 

9 and each subsequent fiscal year, the Secretary shall ensure 

10 that within each research, development, test, and evalua11 tion account a separate, dedicated program element is as12 signed to the research and development of individual body 

13 armor and associated components. 

14 SEC. 214. SEPARATE PROCUREMENT AND RESEARCH, DE15 VELOPMENT, TEST AND EVALUATION LINE 

16 ITEMS AND PROGRAM ELEMENTS FOR THE F– 

17 35B AND F–35C JOINT STRIKE FIGHTER AIR18 CRAFT. 

19 In the budget materials submitted to the President 

20 by the Secretary of Defense in connection with the submis21 sion to Congress, pursuant to section 1105 of title 31, 

22 United States Code, of the budget for fiscal year 2011, 

23 and each subsequent fiscal year, the Secretary shall ensure 

24 that within the Navy research, development, test, and 

25 evaluation account and the Navy aircraft procurement ac26 count, a separate, dedicated line item and program ele-
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1 ment is assigned to each of the F–35B aircraft and the 

2 F–35C aircraft, to the extent such accounts include fund3 ing for each such aircraft. 

4 SEC. 215. RESTRICTION ON OBLIGATION OF FUNDS PEND5 ING SUBMISSION OF SELECTED ACQUISITION 

6 REPORT. 

7 (a) RESTRICTION ON OBLIGATION OF FUNDS.—Of 

8 the amounts authorized to be appropriated for fiscal year 

9 2010 for Research and Development, Army, for the de10 fense acquisition programs specified in subsection (b), not 

11 more than 50 percent may be obligated prior to the date 

12 on which the Secretary of Defense submits to the congres13 sional defense committees the comprehensive annual Se14 lected Acquisition Report for each such program for fiscal 

15 year 2009, as required by section 2432 of title 10, United 

16 States Code. 

17 (b) PROGRAMS SPECIFIED.—The defense acquisition 

18 programs specified in this subsection are the following: 

19 (1) Future Combat Systems program. 

20 (2) Warfighter information network tactical 

21 program. 

22 (3) Stryker vehicle program. 

23 (4) Joint Air-to-Ground Missile program. 

24 (5) Bradley Base Sustain program. 

25 (6) Abrams Tank Improvement program. 
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1 (7) Javelin program. 

2 SEC. 216. RESTRICTION ON OBLIGATION OF FUNDS FOR FU3 TURE COMBAT SYSTEMS PROGRAM PENDING 

4 RECEIPT OF REPORT. 

5 Not more than 25 percent of the funds authorized 

6 to be appropriated by this Act or otherwise made available 

7 for Research and Development, Army, for fiscal year 2010 

8 for the Future Combat Systems program may be obligated 

9 or expended until 15 days after the receipt of the report 

10 required by section 214(c) of the John Warner National 

11 Defense Authorization Act for Fiscal Year 2007 (Public 

12 Law 109–364). 

13 SEC. 217. LIMITATION OF THE OBLIGATION OF FUNDS FOR 

14 THE NET-ENABLED COMMAND AND CONTROL 

15 SYSTEM. 

16 (a) LIMITATION.—Of the amounts authorized to be 

17 appropriated described in subsection (b), not more than 

18 25 percent of the amounts remaining unobligated as of 

19 the date of the enactment of this Act may be obligated 

20 until the Secretary of Defense submits to the congres21 sional defense committees a plan for reorganizing and con22 solidating the management of the Net-Enabled Command 

23 and Control system and the Global Command and Control 

24 System family of systems. 
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1 (b) COVERED AUTHORIZATIONS OR APPROPRIA2 TIONS.—The amounts authorized to be appropriated de3 scribed in this subsection are amounts authorized to be 

4 appropriated for fiscal year 2010 for the Net-Enabled 

5 Command and Control system in the following program 

6 elements: 

7 (1) 33158k. 

8 (2) 33158a. 

9 (3) 33158n. 

10 (4) 33158m. 

11 (5) 33158f. 

12 SEC. 218. LIMITATION ON OBLIGATION OF FUNDS FOR F–35 

13 LIGHTNING II PROGRAM. 

14 Of the amounts authorized to be appropriated or oth15 erwise made available for fiscal year 2010 for research, 

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

17 II program, not more than 75 percent may be obligated 

18 until the date that is 15 days after the later of the fol19 lowing dates: 

20 (1) The date on which the Under Secretary of 

21 Defense for Acquisition, Technology, and Logistics 

22 submits to the congressional defense committees cer23 tification in writing that all funds made available for 

24 fiscal year 2010 for the continued development and 
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1 procurement of a competitive propulsion system for 

2 the F–35 Lightning II have been obligated. 

3 (2) The date on which the Secretary of Defense 

4 submits to the congressional defense committees the 

5 report required by section 123 of the Duncan 

6 Hunter National Defense Authorization Act for Fis7 cal Year 2009 (Public Law 110–417; 122 Stat. 

8 4376). 

9 (3) The date on which the Secretary of Defense 

10 submits to the congressional defense committees the 

11 annual plan and certification for fiscal year 2010 re12 quired by section 231a of title 10, United States 

13 Code. 

14 SEC. 219. PROGRAMS REQUIRED TO PROVIDE THE ARMY 

15 WITH GROUND COMBAT VEHICLE AND SELF16 PROPELLED ARTILLERY CAPABILITIES. 

17 (a) PROGRAM REQUIRED.—In accordance with the 

18 Weapons Systems Acquisition Reform Act of 2009 (Public 

19 Law 111–43), the Secretary of Defense shall carry out 

20 programs to develop, test, and, when demonstrated oper21 ationally effective, suitable, survivable, and affordable, 

22 field new or upgraded Army ground combat vehicle and 

23 self-propelled artillery capabilities. 
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1 (b) REPORT REQUIRED.—Not later than February 1, 

2 2010, the Secretary of Defense shall deliver a report to 

3 the congressional defense committees that— 

4 (1) specifies what vehicles, or upgraded vehi5 cles, will constitute the Army’s ground combat vehi6 cle fleet in 2015; 

7 (2) includes the status, schedule, cost estimates, 

8 and requirements for the programs specified in para9 graph (1); 

10 (3) includes any Army force structure modifica11 tions planned that impact the requirements for new 

12 ground combat vehicles; 

13 (4) specifies, for each program included, the al14 ternatives considered during any analysis of alter15 natives, and why those alternatives were not selected 

16 as the preferred program option; 

17 (5) quantifies and describes the loss of knowl18 edge to the industrial base should a future self-pro19 pelled artillery cannon not be developed immediately 

20 following the cancellation of the Non-Line-of-Sight 

21 Cannon, a Manned Ground Vehicle of Future Com22 bat Systems; and 

23 (6) with respect to the Army’s future self-pro24 pelled howitzer artillery fleet, explains the Army’s 

25 plan to develop and field— 
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1 (A) automated ammunition handling; 

2 (B) laser ignition; 

3 (C) improved ballistic accuracy; 

4 (D) automated crew compartments; 

5 (E) hybrid-electric power; and 

6 (F) band track. 

7 (c) RESTRICTION ON USE OF FUNDS.—Of the 

8 amounts authorized to be appropriated under this Act for 

9 research, test, development, and evaluation for the Army 

10 for the program elements specified in subsection (d), not 

11 more than 50 percent may be obligated or expended until 

12 15 days after the Secretary of Defense submits the report 

13 required under subsection (b). 

14 (d) PROGRAMS SPECIFIED.—The restriction on use 

15 of funds in subsection (c) covers the following Army pro16 gram elements: 

17 (1) Combat Vehicle Improvement Program, pro18 gram element 0203735A. 

19 (2) Advanced Tank Armament System, pro20 gram element 0603653A. 

21 (3) Artillery Systems, program element 

22 0604854A. 
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1 Subtitle C—Missile Defense 

2 Programs 

3 SEC. 221. INTEGRATED AIR AND MISSILE DEFENSE SYSTEM 

4 PROJECT. 

5 Of the amounts authorized to be appropriated for re6 search and development of the Army Integrated Air and 

7 Missile Defense project (program element 63327A), not 

8 more than 25 percent may be obligated until the Secretary 

9 of Defense has certified to the congressional defense com10 mittees that the Secretary has— 

11 (1) carried out a review of the project; 

12 (2) determined that the project is an affordable, 

13 executable project; 

14 (3) determined that the project meets a current 

15 required capability; and 

16 (4) determined that no other project could be 

17 executed, at a lower cost, that would be capable of 

18 fulfilling the required capability to the same or ap19 proximate level of effectiveness as the Army Inte20 grated Air and Missile Defense project. 

21 SEC. 222. GROUND-BASED MIDCOURSE DEFENSE 

22 SUSTAINMENT AND MODERNIZATION PRO23 GRAM. 

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

25 shall carry out a sustainment and modernization program 
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1 to ensure the long-term reliability, availability, maintain2 ability, and supportability of the ground-based midcourse 

3 defense system to protect the United States against lim4 ited ballistic missile attacks whether accidental, unauthor5 ized, or deliberate. 

6 (b) PROGRAM ELEMENTS.—The program required by 

7 subsection (a) shall include each of the following elements: 

8 (1) Sustainment and operations. 

9 (2) Aging and surveillance. 

10 (3) System and component level assessments, 

11 engineering analysis, and modeling and simulation. 

12 (4) Ground and flight testing. 

13 (5) Readiness exercises. 

14 (6) Modernization and enhancement. 

15 (7) Any other element the Secretary determines 

16 is appropriate. 

17 (c) CONSULTATION.—In implementing the program 

18 required by subsection (a), the Secretary of Defense shall 

19 consult with the commanders of the appropriate combat20 ant commands to ensure the sustainment and moderniza21 tion requirements of such commands are reflected in such 

22 program. 

23 (d) BUDGET SUBMISSION REQUIREMENT.—For each 

24 budget submitted by the President to Congress under sec25 tion 1105 of title 31, the Secretary of Defense shall con-
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1 currently submit to the congressional defense committees 

2 a report that clearly identifies the amounts requested for 

3 each of the program elements referred to in subsection (b). 

4 (e) REPORT.—Not later than 120 days after the date 

5 of the enactment of this Act, the Secretary of Defense 

6 shall submit to the congressional defense committees a re7 port outlining the long-term sustainment and moderniza8 tion plan of the Department of Defense for the ground9 based midcourse defense system. 

10 SEC. 223. LIMITATION ON AVAILABILITY OF FUNDS FOR AC11 QUISITION OR DEPLOYMENT OF MISSILE DE12 FENSES IN EUROPE. 

13 No funds authorized to be appropriated by this Act 

14 or otherwise made available for the Department of De15 fense for fiscal year 2010 or any fiscal year thereafter may 

16 be obligated or expended for the acquisition (other than 

17 initial long-lead procurement) or deployment of oper18 ational missiles of a long-range missile defense system in 

19 Europe until the Secretary of Defense, after receiving the 

20 views of the Director of Operational Test and Evaluation, 

21 submits to the congressional defense committees a report 

22 certifying that the proposed interceptor and the proposed 

23 radars to be deployed as part of such missile defense sys24 tem has demonstrated, through successful, operationally 

25 realistic flight testing, a high probability of working in an 
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1 operationally effective manner and the ability to accom2 plish the mission. 

3 SEC. 224. SENSE OF CONGRESS REAFFIRMING CONTINUED 

4 SUPPORT FOR PROTECTING THE UNITED 

5 STATES AGAINST LIMITED BALLISTIC MIS6 SILE ATTACKS WHETHER ACCIDENTAL, UN7 AUTHORIZED, OR DELIBERATE. 

8 (a) FINDINGS.—Congress makes the following find9 ings: 

10 (1) Congress passed and the President signed 

11 the National Missile Defense Act of 1999 (Public 

12 Law 106–38), which stated: ‘‘It is the policy of the 

13 United States to deploy as soon as is technologically 

14 possible an effective National Missile Defense system 

15 capable of defending the territory of the United 

16 States against limited ballistic missile attack (wheth17 er accidental, unauthorized, or deliberate). 

18 (2) The United States has thus far deployed 26 

19 long-range, Ground-based, Midcourse Defense 

20 (GMD) interceptors in Alaska and California to de21 fend against potential long-range missiles from 

22 rogue states such as North Korea. 

23 (3) Congress has fully funded the President’s 

24 budget request for the GMD sites in Alaska and 

25 California in fiscal years 2008 and 2009, as well as 
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1 continued development of the Standard Missile-3 

2 Block IIA missile with Japan, which will provide the 

3 Aegis Ballistic Missile Defense system the capability 

4 to engage long-range ballistic missiles like the North 

5 Korean Taepo Dong-2. 

6 (4) Senior defense and intelligence officials have 

7 indicated that the threat to the United States from 

8 long-range missiles from rogue states is limited. 

9 (5) Senior military officials have testified that 

10 the original threat assessments of the long-range 

11 missile threat made by the Missile Defense Agency 

12 in 2002 were ‘‘off by a factor of 10 or 20’’. 

13 (6) It is imperative that missile defense force 

14 structure and inventory be linked to the most likely 

15 threats and validated military requirements. 

16 (7) The Secretary of Defense, the Chairman of 

17 the Joint Chiefs, the Commander of the United 

18 States Strategic Command’s Joint Functional Com19 ponent Command for Integrated Missile Defense, 

20 and the Director of the Missile Defense Agency have 

21 either testified or stated that 30 operationally de22 ployed GMD interceptors would be adequate to de23 fend against any rogue missile threat to the United 

24 States in the near- to mid-term. 
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1 (8) The Director of the Missile Defense Agency 

2 testified that, for the first time since the establish3 ment of the Missile Defense Agency in 2002, key 

4 elements of the Department of Defense, such as the 

5 combatant commanders and the military services, 

6 played a major role in shaping the missile defense 

7 budget for fiscal year 2010. 

8 (9) There is currently no existing military re9 quirement justifying the need to deploy 44 GMD 

10 interceptors, nor has that number been validated by 

11 the Department of Defense’s requirements process. 

12 (10) In testimony before Congress this year, the 

13 Director of the Missile Defense Agency indicated 

14 that a number of GMD interceptors were removed 

15 from their silos for unscheduled maintenance and re16 furbishment because of unanticipated problems with 

17 the interceptors were discovered. 

18 (b) SENSE OF CONGRESS.—It is the sense of Con19 gress that the United States— 

20 (1) reaffirms the principles articulated in the 

21 National Missile Defense Act of 1999; 

22 (2) should continue to fund robust research, de23 velopment, test, and evaluation of the current GMD 

24 system deployed in Alaska in California to ensure 

25 that the system will work in an operationally effec-
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1 tive, suitable, maintainable, and survivable manner 

2 to defend the territory of the United States against 

3 limited ballistic missile attack (whether accidental, 

4 unauthorized, or deliberate); 

5 (3) should continue the development of the 

6 Standard Missile-3 Block IIA missile with Japan, 

7 which will provide the Aegis Ballistic Missile Defense 

8 system a capability to counter long-range ballistic 

9 missiles like the North Korean Taepo Dong-2; and 

10 (4) should set future missile defense force 

11 structure and inventory requirements based on a 

12 clear linkage to the threat and the military require13 ments process that takes into account the views of 

14 key Department of Defense stakeholders such as the 

15 combatant commanders and the military services. 

16 SEC. 225. ASCENT PHASE MISSILE DEFENSE STRATEGY. 

17 (a) DEPARTMENT OF DEFENSE STRATEGY FOR AS18 CENT PHASE MISSILE DEFENSE.—Not later than 180 

19 days after the date of the enactment of this Act, the Sec20 retary of Defense shall submit to the congressional defense 

21 committees a strategy for ascent phase missile defense. 

22 (b) MATTERS INCLUDED.—The strategy required by 

23 subsection (a) shall include each of the following: 

24 (1) A description of the programs and activities 

25 contained, as of the date of the submission of the 
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1 strategy, in the program of record of the Missile De2 fense Agency that provide or are planned to provide 

3 a capability to intercept ballistic missiles in their as4 cent phase. 

5 (2) A description of the capabilities that are 

6 needed to accomplish the intercept of ballistic mis7 siles in their ascent phase, including— 

8 (A) the key technologies and associated 

9 technology readiness levels, plans for maturing 

10 such technologies, and any technology dem11 onstrations for such capabilities; 

12 (B) concepts of operation for how ascent 

13 phase capabilities would be employed, including 

14 the dependence of such capabilities on, and in15 tegration with, other functions, capabilities, and 

16 information, including those provided by other 

17 elements of the ballistic missile defense system; 

18 (C) the criteria to be used to assess the 

19 technical progress, suitability, and effectiveness 

20 of such capabilities; 

21 (D) a comprehensive plan for development 

22 and investment in such capabilities, including 

23 an identification of specific program and tech24 nology investments to be made in such capabili25 ties; 
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1 (E) a description of how, and to what ex2 tent, ascent phase missile defense can leverage 

3 the capabilities and investments made in boost 

4 phase, midcourse, and any other layer or ele5 ments of the ballistic missile defense system; 

6 (F) a description of any other challenges 

7 or limitations associated with ascent phase mis8 sile defense; and 

9 (G) any other information the Secretary 

10 determines is necessary. 

11 (c) FORM.—The strategy shall be submitted in un12 classified form, but may include a classified annex. 

13 SEC. 226. AVAILABILITY OF FUNDS FOR A MISSILE DE14 FENSE SYSTEM FOR EUROPE AND THE 

15 UNITED STATES. 

16 (a) FINDINGS.—Congress makes the following find17 ings: 

18 (1) Missile defense promotes the collective secu19 rity of the United States and NATO and improves 

20 linkages among member nations of NATO by de21 fending all members of NATO against the full range 

22 of missile threats. 

23 (2) The Islamic Republic of Iran possesses the 

24 largest inventory of short-and medium-range ballistic 

25 missiles in the Middle East and these missiles rep-
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1 resent a threat to Europe and United States inter2 ests and deployed forces in the region. Neither 

3 NATO nor the United States currently possesses 

4 sufficient theater missile defense capability to 

5 counter this threat from Iran. 

6 (3) Iran does not currently possess a long-range 

7 ballistic missile capable of reaching the United 

8 States and, if it were to develop such a capability in 

9 the near future, the long-range Ground-based Mid10 course Defense (GMD) interceptors currently de11 ployed in Alaska have sufficient range to protect the 

12 United States against an emerging threat. 

13 (4) It is in the interest of the United States to 

14 work cooperatively with NATO to counter these 

15 threats consistent with the direction provided in the 

16 statement by the Heads of State and Government 

17 participating in the meeting of the North Atlantic 

18 Council in Strasbourg/Kehl on April 4, 2009, that: 

19 ‘‘we judge that missile threats should be addressed 

20 in a prioritized manner that includes consideration 

21 of the level of imminence of the threat and the level 

22 of acceptable risk.’’. 

23 (5) The Director of Operational Test and Eval24 uation for the Department of Defense has raised 

25 concerns about the operational effectiveness, suit-
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1 ability, and survivability of the current GMD sys2 tem, and the Director of the Missile Defense Agency 

3 testified before the House Armed Services Com4 mittee on May 21, 2009, that health and status indi5 cators forced the agency to remove several long6 range interceptors for unscheduled maintenance and 

7 refurbishment. 

8 (6) The Fiscal Year 2008 Annual Report to 

9 Congress by the Director of Operational Test and 

10 Evaluation (DOT&E) stated: ‘‘The inherent BDMS 

11 defensive capability against theater threats increased 

12 during the last fiscal year and DOT&E expects this 

13 trend to continue’’ largely due to the continued 

14 progress of the AEGIS and Terminal High Altitude 

15 Area Defense (THAAD) systems in operational test16 ing. 

17 (7) The proposed European locations of the 

18 long-range missile defense system allow for the de19 fense of both Europe and the United States against 

20 long-range threats launched from the Middle East, 

21 but a limited deployment of GMD interceptors on 

22 the east coast of the United States would provide 

23 comparable defense of our homeland and the most 

24 pressing threat to Europe is from medium-range bal25 listic missiles. 
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1 (b) RESERVATION OF FUNDS.—Of the funds made 

2 available for fiscal years 2009 and 2010 for the Missile 

3 Defense Agency for the purpose of developing missile de4 fenses in Europe, $353,100,000 shall be available only for 

5 a missile defense system for Europe and the United States 

6 as described in paragraph (1) or (2) of subsection (c). 

7 (c) USE OF FUNDS.—Funds reserved under sub8 section (b) may be obligated and expended by the Sec9 retary of Defense— 

10 (1) on the research, development, test, and eval11 uation of— 

12 (A) the proposed midcourse radar element 

13 of the ground-based midcourse defense system 

14 in the Czech Republic; and 

15 (B) the proposed long-range missile de16 fense interceptor site element of such defense 

17 system in Poland; or 

18 (2) on the research, development, test, and eval19 uation, procurement, site activation, construction, 

20 preparation of, equipment for, or deployment of an 

21 alternative integrated missile defense system that 

22 would protect Europe and the United States from 

23 the threats posed by all types of ballistic missiles, if 

24 the Secretary submits to the congressional defense 
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1 committees a report certifying that the alternative 

2 missile defense system is expected to be— 

3 (A) consistent with the direction of the 

4 North Atlantic Council to address ballistic mis5 sile threats to Europe and the United States in 

6 a prioritized manner that includes consideration 

7 of the level of imminence of the threat and the 

8 level of acceptable risk; 

9 (B) at least as cost-effective, technically re10 liable, and operationally available in protecting 

11 Europe and the United States from missile 

12 threats as the ground-based midcourse defense 

13 system described in paragraph (1); 

14 (C) deployable in a sufficient amount of 

15 time to counter current and emerging ballistic 

16 missile threats (as determined by the intel17 ligence community) launched from the Middle 

18 East that could threaten Europe and the 

19 United States; and 

20 (D) interoperable with other components of 

21 missile defense and compliments NATO’s mis22 sile defense strategy. 
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1 SEC. 227. STUDY ON DISCRIMINATION CAPABILITIES OF 

2 MISSILE DEFENSE SYSTEM. 

3 (a) STUDY.—The Secretary of Defense shall enter 

4 into an arrangement with the JASON Defense Advisory 

5 Panel under which JASON shall carry out a study on the 

6 technical and scientific feasibility of the discrimination ca7 pabilities of the missile defense system of the United 

8 States, as such system is designed and conceived as of the 

9 date of the study. 

10 (b) REPORT.—Not later than 1 year after the date 

11 of the enactment of this Act, the Secretary shall submit 

12 to the appropriate congressional committees a report on 

13 the study. 

14 (c) APPROPRIATE CONGRESSIONAL COMMITTEES DE15 FINED.—In this section, the term ‘‘appropriate congres16 sional committees’’ means the following: 

17 (1) The Committees on Armed Services, Appro18 priations, and Oversight and Government Reform of 

19 the House of Representatives. 

20 (2) The Committees on Armed Services, Appro21 priations, and Homeland Security and Governmental 

22 Affairs of the Senate. 
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1 SEC. 228. SENSE OF CONGRESS REAFFIRMING THE RE2 QUIREMENT TO THOROUGHLY CONSIDER 

3 THE ROLE OF BALLISTIC MISSILE DEFENSES 

4 DURING THE QUADRENNIAL DEFENSE RE5 VIEW AND THE NUCLEAR POSTURE REVIEW. 

6 (a) FINDINGS.—Congress makes the following find7 ings: 

8 (1) Congress passed and the President signed 

9 the National Missile Defense Act of 1999 (Public 

10 Law 106–38), which stated: ‘‘It is the policy of the 

11 United States to deploy as soon as is technologically 

12 possible an effective National Missile Defense system 

13 capable of defending the territory of the United 

14 States against limited ballistic missile attack (wheth15 er accidental, unauthorized, or deliberate).’’. 

16 (2) Section 118 of title 10, United States Code 

17 requires the Secretary of Defense ‘‘every four years, 

18 during a year following a year evenly divisible by 

19 four, to conduct a comprehensive examination (to be 

20 known as a ‘Quadrennial Defense Review’) of the 

21 national defense strategy, force structure, force mod22 ernization plans, infrastructure, budget plan, and 

23 other elements of the defense program and policies 

24 of the United States with a view toward determining 

25 and expressing the defense strategy of the United 
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1 States and establishing a defense program for the 

2 next 20 years.’’. 

3 (3) Among the requirements established by sec4 tion 118 of title 10, United States Code, for the ele5 ments that must be included in the Quadrennial De6 fense Review are the following: 

7 (A) The threats to the assumed or defined 

8 national security interests of the United States 

9 that were examined for the purposes of the re10 view and the scenarios developed in the exam11 ination of those threats. 

12 (B) The specific capabilities, including the 

13 general number and type of specific military 

14 platforms, needed to achieve the strategic and 

15 warfighting objectives identified in the review. 

16 (C) The effect on force structure of the use 

17 by the armed forces of technologies anticipated 

18 to be available for the ensuing 20 years. 

19 (4) Section 1070 of the National Defense Au20 thorization Act for Fiscal Year 2008 (Public Law 

21 110–116) requires the Secretary of Defense to con22 duct a comprehensive review of the nuclear posture 

23 of the United States for the next 5 to 10 years ‘‘in 

24 order to clarify United States nuclear deterrence pol25 icy and strategy for the near term.’’. 
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1 (5) Among the requirements established by sec2 tion 1070 of the National Defense Authorization Act 

3 for Fiscal Year 2008 for the elements that must be 

4 included in the nuclear posture review is ‘‘[t]he role 

5 that missile defense capabilities and conventional 

6 strike forces play in determining the role and size of 

7 nuclear forces.’’. 

8 (6) The Final Report of the Congressional 

9 Commission on the Strategic Posture of the United 

10 States, issued on May 7, 2009, concluded: ‘‘Missile 

11 defenses can play a useful role in supporting the 

12 basic objectives of deterrence, broadly defined. De13 fenses that are effective against regional aggressors 

14 are a valuable component of the U.S. strategic pos15 ture. The United States should develop and, where 

16 appropriate, deploy missile defenses against regional 

17 nuclear aggressors, including against limited long18 range threats. These can also be beneficial for lim19 iting damage if deterrence fails. The United States 

20 should ensure that its actions do not lead Russia or 

21 China to take actions that increase the threat to the 

22 United States and its allies and friends.’’. 

23 (b) SENSE OF CONGRESS.—It is the sense of Con24 gress that the Secretary of Defense should thoroughly con-
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1 sider the role of ballistic missile defenses during the Quad2 rennial Defense Review and the Nuclear Posture Review. 

3 Subtitle D—Reports 

4 SEC. 231. COMPTROLLER GENERAL ASSESSMENT OF CO5 ORDINATION OF ENERGY STORAGE DEVICE 

6 REQUIREMENTS AND INVESTMENTS. 

7 (a) ASSESSMENT REQUIRED.—The Comptroller Gen8 eral shall conduct an assessment of the degree to which 

9 requirements, technology goals, and research and procure10 ment investments in energy storage technologies are co11 ordinated within and among the military departments, ap12 propriate Defense Agencies, and other elements of the De13 partment of Defense. In carrying out such assessment, the 

14 Comptroller General shall— 

15 (1) assess expenses incurred by the Department 

16 of Defense in the research, development, testing, and 

17 procurement of energy storage devices; 

18 (2) compare quantities of types of devices in 

19 use or under development that rely on commercial 

20 energy storage technologies and that use military21 unique, proprietary, or specialty devices; 

22 (3) assess the process by which a determination 

23 is made by an acquisition official of the Department 

24 of Defense to pursue a commercially available or 

25 custom-made energy storage device; 
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1 (4) assess the coordination of Department of 

2 Defense-wide activities in energy storage device re3 search, development, and use; 

4 (5) assess whether there is a need for enhanced 

5 standardization of the form, fit, and function of en6 ergy storage devices, and if so, formulate a rec7 ommendation as to how, from an organizational 

8 standpoint, the Department should address that 

9 need; and 

10 (6) assess whether there are commercial ad11 vances in portable power technology, including hy12 brid systems, fuel cells, and electrochemical capaci13 tors, that could be better leveraged by the Depart14 ment. 

15 (b) REPORT.—Not later than March 1, 2010, the 

16 Comptroller General shall submit to the Committees on 

17 Armed Services of the Senate and House of Representa18 tives a report on the findings and recommendations of the 

19 Comptroller General with respect to the assessment con20 ducted under subsection (a). 

21 (c) COORDINATION.—In carrying out subsection (a), 

22 the Comptroller General shall coordinate with the Sec23 retary of Energy and the heads of other appropriate Fed24 eral agencies. 
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1 SEC. 232. ANNUAL COMPTROLLER GENERAL REPORT ON 

2 THE F–35 LIGHTNING II AIRCRAFT ACQUISI3 TION PROGRAM. 

4 (a) ANNUAL GAO REVIEW.—The Comptroller Gen5 eral shall conduct an annual review of the F–35 Lightning 

6 II aircraft acquisition program and shall, not later than 

7 March 15 of each of 2010 through 2015, submit to the 

8 congressional defense committees a report on the results 

9 of the most recent review. 

10 (b) MATTERS TO BE INCLUDED.—Each report on the 

11 F–35 program under subsection (a) shall include each of 

12 the following: 

13 (1) The extent to which the acquisition program 

14 is meeting development and procurement cost, 

15 schedule, and performance goals. 

16 (2) The progress and results of developmental 

17 and operational testing and plans for correcting defi18 ciencies in aircraft performance, operational effec19 tiveness, and suitability. 

20 (3) Aircraft procurement plans, production re21 sults, and efforts to improve manufacturing effi22 ciency and supplier performance. 
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1 SEC. 233. REPORT ON INTEGRATION OF DEPARTMENT OF 

2 DEFENSE INTELLIGENCE, SURVEILLANCE, 

3 AND RECONNAISSANCE CAPABILITIES. 

4 Of the amounts authorized to be appropriated in this 

5 Act for program element 35884L for intelligence planning 

6 and review activities, not more than 25 percent of such 

7 amounts may be obligated or expended until the date that 

8 is 30 days after the date on which the Under Secretary 

9 of Defense for Intelligence submits the report required 

10 under section 923(d)(1) of the National Defense Author11 ization Act for 2004 (Public Law 108–136; 117 Stat. 

12 1576), including the elements of the report described in 

13 subparagraphs (D), (E), and (F) of such section 

14 923(d)(1). 

15 SEC. 234. REPORT ON FUTURE RESEARCH AND DEVELOP16 MENT OF MAN-PORTABLE AND VEHICLE17 MOUNTED GUIDED MISSILE SYSTEMS. 

18 (a) REPORT.—Not later than 90 days after the date 

19 of the enactment of this Act, the Secretary of the Army 

20 shall submit to Congress a report on future research and 

21 development of man-portable and vehicle-mounted guided 

22 missile systems to replace the current Javelin and TOW 

23 systems. Such report shall include— 

24 (1) an examination of current requirements for 

25 anti-armor missile systems; 
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1 (2) an analysis of battlefield uses other than 

2 anti-armor; 

3 (3) an analysis of changes required to the cur4 rent Javelin and TOW systems to maximize effec5 tiveness and lethality in situations other than anti6 armor; 

7 (4) an analysis of the current family of Javelin 

8 and TOW warheads and specifically detail how they 

9 address threats other than armor; 

10 (5) an examination of the need for changes to 

11 current or development of additional warheads or a 

12 family of warheads to address threats other than 

13 armor; 

14 (6) a description of any missile system design 

15 changes required to integrate current missile sys16 tems with current manned ground systems; 

17 (7) a detailed and current analysis of the costs 

18 associated with the development of next-generation 

19 Javelin and TOW systems and additional warheads 

20 or family of warheads to address threats other than 

21 armor, integration costs for current vehicles, inte22 gration costs for future vehicles and possible effi23 ciencies of developing and procuring these systems 

24 at low rate and full rate based on current system 

25 production; and 
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1 (8) an analysis of the ability of the industrial 

2 base to support development and production of cur3 rent and future Javelin and TOW systems. 

4 (b) RESTRICTION ON USE OF FUNDS.—Of the 

5 amounts authorized to be appropriated under this Act for 

6 research, test, development, and evaluation for the Army, 

7 for missile and rocket advanced technology (program ele8 ment 0603313A), not more than 70 percent may be obli9 gated or expended until the Secretary of the Army submits 

10 the report required by subsection (a). 

11 Subtitle E—Other Matters 

12 SEC. 241. ACCESS OF THE DIRECTOR OF THE TEST RE13 SOURCE MANAGEMENT CENTER TO DEPART14 MENT OF DEFENSE INFORMATION. 

15 Section 196 of title 10, United States Code, is 

16 amended— 

17 (1) by redesignating subsections (d) through (h) 

18 as subsections (e) through (i), respectively; and 

19 (2) by inserting after subsection (c) the fol20 lowing new subsection (d): 

21 ‘‘(d) ACCESS TO INFORMATION.—The Director shall 

22 have access to all records and data of the Department of 

23 Defense (including the records and data of each military 

24 department) that the Director considers necessary to re-
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1 view in order to carry out the duties of the Director under 

2 this section.’’. 

3 SEC. 242. INCLUSION IN ANNUAL BUDGET REQUEST AND 

4 FUTURE-YEARS DEFENSE PROGRAM OF SUF5 FICIENT AMOUNTS FOR CONTINUED DEVEL6 OPMENT AND PROCUREMENT OF COMPETI7 TIVE PROPULSION SYSTEM FOR F–35 LIGHT8 NING II. 

9 (a) ANNUAL BUDGET.—Chapter 9 of title 10, United 

10 States Code, is amended by adding at the end the fol11 lowing new section: 

12 ‘‘§ 235. Budget for competitive propulsion system for 

13 F–35 Lightning II 

14 ‘‘(a) ANNUAL BUDGET.—Effective for the budget of 

15 the President submitted to Congress under section 

16 1105(a) of title 31, United States Code, for fiscal year 

17 2011 and each fiscal year thereafter, the Secretary of De18 fense shall include, in the materials submitted by the Sec19 retary to the President, a request for such amounts as 

20 are necessary for the full funding of the continued develop21 ment and procurement of a competitive propulsion system 

22 for the F–35 Lightning II. 

23 ‘‘(b) FUTURE-YEARS DEFENSE PROGRAM.—In each 

24 future-years defense program submitted to Congress 

25 under section 221 of this title, the Secretary of Defense 
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1 shall ensure that the estimated expenditures and proposed 

2 appropriations for the F–35 Lighting II, for each fiscal 

3 year of the period covered by that program, include suffi4 cient amounts for the full funding of the continued devel5 opment and procurement of a competitive propulsion sys6 tem for the F–35 Lightning II. 

7 ‘‘(c) REQUIREMENT TO OBLIGATE AND EXPEND

8 FUNDS.—Of the amounts authorized to be appropriated 

9 for fiscal year 2010 or any year thereafter, for research, 

10 development, test, and evaluation and procurement for the 

11 F–35 Lightning II Program, the Secretary of Defense 

12 shall ensure the obligation and expenditure in each such 

13 fiscal year of sufficient annual amounts for the continued 

14 development and procurement of two options for the pro15 pulsion system for the F–35 Lightning II in order to en16 sure the development and competitive production for the 

17 propulsion system for the F–35 Lightning II.’’. 

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

19 at the beginning of such chapter is amended by at the 

20 end the following new item: 

‘‘235. Budget for competitive propulsion system for F–35 Lightning II.’’. 

21 (c) CONFORMING REPEAL.—The National Defense 

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

23 181) is amended by striking section 213. 
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1 SEC. 243. ESTABLISHMENT OF PROGRAM TO ENHANCE 

2 PARTICIPATION OF HISTORICALLY BLACK 

3 COLLEGES AND UNIVERSITIES AND MINOR4 ITY-SERVING INSTITUTIONS IN DEFENSE RE5 SEARCH PROGRAMS. 

6 (a) PROGRAM ESTABLISHED.—Chapter 139 of title 

7 10, United States Code, is amended by inserting after sec8 tion 2361 the following new section: 

9 ‘‘§ 2362. Research and educational programs and ac10 tivities: historically black colleges and 

11 universities and minority-serving institu12 tions of higher education 

13 ‘‘(a) PROGRAM ESTABLISHED.—The Secretary of 

14 Defense, acting through the Director of Defense Research 

15 and Engineering and the Secretary of each military de16 partment, shall carry out a program to provide assistance 

17 to covered educational institutions to assist the Depart18 ment in defense-related research, development, testing, 

19 and evaluation within the science, technology, engineering, 

20 and mathematics fields. 

21 ‘‘(b) PROGRAM OBJECTIVE.—The objective of the 

22 program established under subsection (a) is to enhance 

23 science, technology, mathematics, and engineering re24 search and education at covered educational institutions. 

25 Such objective shall be accomplished through initiatives 

26 designed to— 
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1 ‘‘(1) enhance research and educational capabili2 ties of the institutions in areas of science, tech3 nology, engineering, or mathematics that are impor4 tant to national defense, as determined by the Sec5 retary; 

6 ‘‘(2) encourage the participation of such institu7 tions in the research, development, testing, and eval8 uation programs and activities of the Department of 

9 Defense; 

10 ‘‘(3) increase the capacity of such institutions 

11 to contribute to the national security functions of 

12 the Department of Defense through participation in 

13 research, development, testing, and evaluation pro14 grams and activities in which such institutions might 

15 not otherwise have the opportunity to participate; 

16 ‘‘(4) increase the number of graduates engaged 

17 in scientific, technological, mathematic, and engi18 neering disciplines important to the national security 

19 functions of the Department of Defense, as deter20 mined by the Secretary; 

21 ‘‘(5) conduct collaborative research and edu22 cational opportunities between such institutions and 

23 defense research facilities; 
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1 ‘‘(6) encourage research and educational col2 laborations between such institutions and other in3 stitutions of higher education; or 

4 ‘‘(7) encourage research and educational col5 laborations between such institutions and business 

6 enterprises that historically perform defense-related 

7 research, development, testing and evaluation. 

8 ‘‘(c) ASSISTANCE PROVIDED.—Under the program 

9 established by subsection (a), the Secretary of Defense 

10 may provide covered educational institutions with funding 

11 or technical assistance, including any of the following: 

12 ‘‘(1) The competitive awarding of grants, coop13 erative agreements or contracts to establish Centers 

14 of Excellence for Research and Education in sci15 entific disciplines important to national defense, as 

16 determined by the Secretary. 

17 ‘‘(2) The competitive awarding of under18 graduate scholarships or graduate fellowships in 

19 support of research in scientific disciplines important 

20 to national defense, as determined by the Secretary. 

21 ‘‘(3) The competitive awarding of grants, coop22 erative agreements, or contracts for research in 

23 areas of science, technology, engineering, and mathe24 matics that are important to national defense, as de25 termined by the Secretary. 
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1 ‘‘(4) The competitive awarding of grants, coop2 erative agreements, or contracts for the acquisition 

3 of equipment or instrumentation necessary for the 

4 conduct of research, development, testing, evaluation 

5 or educational enhancements in scientific disciplines 

6 important to national defense, as determined by the 

7 Secretary. 

8 ‘‘(5) Support to assist in attraction and reten9 tion of faculty in scientific disciplines critical to the 

10 national security functions of the Department of De11 fense. 

12 ‘‘(6) Making Department of Defense personnel 

13 available to advise and assist faculty at such institu14 tions in the performance of defense research in sci15 entific disciplines critical to the national security 

16 functions of the Department of Defense. 

17 ‘‘(7) Establishing partnerships between defense 

18 laboratories and such institutions to encourage in19 volvement of faculty and students in scientific re20 search important to the national security functions 

21 of the Department of Defense. 

22 ‘‘(8) Encouraging the establishment of a pro23 gram or programs creating partnerships between 

24 such institutions and corporations that have rou25 tinely been awarded research, development, testing, 
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1 or evaluation contracts by the Secretary of Defense 

2 for the purpose of involving faculty and students in 

3 scientific research critical to the national security 

4 functions of the Department of Defense. 

5 ‘‘(9) Encouraging the establishment of a pro6 gram or programs creating partnerships between 

7 such institutions and other institutions of higher 

8 education that have experience in conducting re9 search, development, testing, or evaluation programs 

10 with the Department of Defense for the purpose of 

11 involving faculty and students in scientific research 

12 critical to the national security functions of the De13 partment of Defense. 

14 ‘‘(10) Other such non-monetary assistance in 

15 support of defense research as the Secretary finds 

16 appropriate to enhance science, mathematics, or en17 gineering programs at such institutions, which may 

18 be provided directly through the Department of De19 fense or through contracts or other agreements en20 tered into by the Secretary with private-sector enti21 ties that have experience and expertise in the devel22 opment and delivery of technical assistance services 

23 to such institutions. 

24 ‘‘(d) DEFINITION OF COVERED EDUCATIONAL INSTI25 TUTION.—In this section the term ‘covered educational in-
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1 stitution’ means an institution of higher education eligible 

2 for assistance under title III or V of the Higher Education 

3 Act of 1965 (20 U.S.C. 1051 et seq.).’’. 

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

5 at the beginning of such chapter is amended by inserting 

6 after the item relating to section 2361 the following new 

7 item: 

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

8 SEC. 244. EXTENSION OF AUTHORITY TO AWARD PRIZES 

9 FOR ADVANCED TECHNOLOGY ACHIEVE10 MENTS. 

11 Subsection (f) of section 2374a of title 10, United 

12 States Code, is amended by striking ‘‘September 30, 

13 2010’’ and inserting ‘‘September 30, 2013’’. 

14 SEC. 245. EXECUTIVE AGENT FOR ADVANCED ENERGETICS. 

15 (a) EXECUTIVE AGENT.—Not later than 90 days 

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

17 of Defense shall designate a senior official of the Depart18 ment of Defense to act as the executive agent for advanced 

19 energetics. 

20 (b) ROLES, RESPONSIBILITIES, AND AUTHORI21 TIES.— 

22 (1) ESTABLISHMENT.—Not later than 1 year 

23 after the date of the enactment of this Act, and in 

24 accordance with Directive 5101.1, the Secretary of 
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1 Defense shall prescribe the roles, responsibilities, 

2 and authorities of the executive agent designated 

3 under subsection (a). 

4 (2) SPECIFICATION.—The roles and responsibil5 ities of the executive agent designated under sub6 section (a) shall include each of the following: 

7 (A) Assessment of the current state of, 

8 and advances in, research, development, and 

9 manufacturing technology of energetic materials 

10 in both foreign countries and the United States. 

11 (B) Development of strategies to address 

12 matters identified as a result of the assessment 

13 described in subparagraph (A). 

14 (C) Development of recommended funding 

15 strategies to retain sufficient explosive domestic 

16 production capacity, continue the development 

17 of innovative munitions, and recruit the next 

18 generation of scientists and engineers of ad19 vanced energetics. 

20 (D) Recommending changes to strengthen 

21 the energetic capabilities of the Department of 

22 Defense. 

23 (E) Such other roles and responsibilities as 

24 the Secretary of Defense considers appropriate. 
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1 (c) SUPPORT WITHIN DEPARTMENT OF DEFENSE.— 

2 In accordance with Directive 5101.1, the Secretary of De3 fense shall ensure that the military departments, Defense 

4 Agencies, and other components of the Department of De5 fense provide the executive agent designated under sub6 section (a) with the appropriate support and resources 

7 needed to perform the roles, responsibilities, and authori8 ties of the executive agent. 

9 (d) DEFINITIONS.—In this section: 

10 (1) The term ‘‘Directive 5101.1’’ means De11 partment of Defense Directive 5101.1, dated Sep12 tember 3, 2002, or any successor directive relating 

13 to the responsibilities of an executive agent of the 

14 Department of Defense. 

15 (2) The term ‘‘executive agent’’ had the mean16 ing given the term ‘‘DoD Executive Agent’’ in Direc17 tive 5101.1. 

18 SEC. 246. STUDY ON THORIUM-LIQUID FUELED REACTORS 

19 FOR NAVAL FORCES. 

20 (a) STUDY REQUIRED.—The Secretary of Defense 

21 and the Chairman of the Joint Chiefs of Staff shall jointly 

22 carry out a study on the use of thorium-liquid fueled nu23 clear reactors for naval power needs pursuant to section 

24 1012, of the National Defense Authorization Act for Fis25 cal Year 2008 (Public Law 110–181; 122 Stat. 303). 
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1 (b) CONTENTS OF STUDY.—In carrying out the study 

2 required under subsection (a), the Secretary of Defense 

3 and the Chairman of the Joint Chiefs of Staff shall, with 

4 respect to naval power requirements for the Navy strike 

5 and amphibious force— 

6 (1) compare and contrast thorium-liquid fueled 

7 reactor concept to the 2005 Quick Look, 2006 Navy 

8 Alternative Propulsion Study, and the navy CG(X) 

9 Analysis of Alternatives study; 

10 (2) identify the benefits to naval operations 

11 which thorium-liquid fueled nuclear reactors or ura12 nium reactors would provide to major surface com13 batants compared to conventionally fueled ships, in14 cluding such benefits with respect to— 

15 (A) fuel cycle, from mining to waste dis16 posal; 

17 (B) security of fuel supply; 

18 (C) power needs for advanced weapons and 

19 sensors; 

20 (D) safety of operation, waste handling 

21 and disposal, and proliferation issues compared 

22 to uranium reactors; 

23 (E) no requirement to refuel and reduced 

24 logistics; 

25 (F) ship upgrades and retrofitting; 
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1 (G) reduced manning; 

2 (H) global range at flank speed, greater 

3 forward presence, and extended combat oper4 ations; 

5 (I) power for advanced sensors and weap6 ons, including electromagnetic guns and lasers; 

7 (J) survivability due to increased perform8 ance and reduced signatures; 

9 (K) high power density propulsion; 

10 (L) operational tempo; 

11 (M) operational effectiveness; and 

12 (N) estimated cost-effectiveness; and 

13 (3) conduct a ROM cost-effectiveness compari14 son of nuclear reactors in use by the Navy as of the 

15 date of the enactment of this Act, thorium-liquid 

16 fueled reactors, and conventional fueled major sur17 face combatants, which shall include a comparison 

18 of— 

19 (A) security, safety, and infrastructure 

20 costs of fuel supplies; 

21 (B) nuclear proliferation issues; 

22 (C) reactor safety; 

23 (D) nuclear fuel safety, waste handling, 

24 and storage; 
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1 (E) power requirements and distribution 

2 for sensors, weapons, and propulsion; and 

3 (F) capabilities to fully execute the Navy 

4 Maritime Strategic Concept. 

5 (c) REPORT.—Not later than February 1, 2011, the 

6 Secretary of Defense and the Chairman of the Joint 

7 Chiefs of Staff shall jointly submit to the congressional 

8 defense committees a report on the results of the study 

9 required under subsection (a). 

10 SEC. 247. VISITING NIH SENIOR NEUROSCIENCE FELLOW11 SHIP PROGRAM. 

12 (a) AUTHORITY TO ESTABLISH.—The Secretary of 

13 Defense may establish a program to be known as the Vis14 iting NIH Senior Neuroscience Fellowship Program at— 

15 (1) the Defense Advanced Research Projects 

16 Agency; and 

17 (2) the Defense Center of Excellence for Psy18 chological Health and Traumatic Brain Injury. 

19 (b) ACTIVITIES OF THE PROGRAM.—In establishing 

20 the Visiting NIH Senior Neuroscience Fellowship Pro21 gram under subsection (a), the Secretary shall require the 

22 program to— 

23 (1) provide a partnership between the National 

24 Institutes of Health and the Defense Advanced Re25 search Projects Agency to enable identification and 
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1 funding of the broadest range of innovative, highest 

2 quality clinical and experimental neuroscience stud3 ies for the benefit of members of the Armed Forces; 

4 (2) provide a partnership between the National 

5 Institutes of Health and the Defense Center of Ex6 cellence for Psychological Health and Traumatic 

7 Brain Injury that will enable identification and 

8 funding of clinical and experimental neuroscience 

9 studies for the benefit of members of the Armed 

10 Forces; 

11 (3) use the results of the studies described in 

12 paragraph (1) and (2) to enhance the mission of the 

13 National Institutes of Health for the benefit of the 

14 public; and 

15 (4) provide a military and civilian collaborative 

16 environment for neuroscience-based medical prob17 lem-solving in critical areas affecting both military 

18 and civilian life, particularly post-traumatic stress 

19 disorder. 

20 (c) PERIOD OF FELLOWSHIP.—The period of any fel21 lowship under the Program shall not last more than 2 

22 years and shall not continue unless agreed upon by the 

23 parties concerned. 
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1 SEC. 248. AUTHORITY FOR NATIONAL AERONAUTICS AND 

2 SPACE ADMINISTRATION FEDERALLY FUND3 ED RESEARCH AND DEVELOPMENT CENTERS 

4 TO PARTICIPATE IN MERIT-BASED TECH5 NOLOGY RESEARCH AND DEVELOPMENT 

6 PROGRAMS. 

7 Section 217(f)(1) of the National Defense Authoriza8 tion Act for Fiscal Year 1995 (Public Law 103–337; 108 

9 Stat 2695) is amended by adding at the end the following 

10 new subparagraph: 

11 ‘‘(C) A federally funded research and development 

12 center of the National Aeronautics and Space Administra13 tion that functions primarily as a research laboratory may 

14 respond to broad agency announcements under programs 

15 authorized by the Federal Government for the purpose of 

16 promoting the research, development, demonstration, or 

17 transfer of technology in a manner consistent with the 

18 terms and conditions of such program, for activities in19 cluding, but not limited to, those conducted by the center 

20 under contract with or on behalf of the Department of 

21 Defense or through transfer of funds from the Depart22 ment of Defense to the National Aeronautics and Space 

23 Administration.’’. 

24 TITLE III—OPERATION AND 

25 MAINTENANCE 

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

Subtitle B—Environmental Provisions 

Sec. 311. Clarification of requirement for use of available funds for Department 

of Defense participation in conservation banking programs. 

Sec. 312. Reauthorization of title I of Sikes Act. 

Sec. 313. Authority of Secretary of a military department to enter into interagency agreements for land management on Department of 

Defense installations. 

Sec. 314. Reauthorization of pilot program for invasive species management for 

military installations in Guam. 

Sec. 315. Reimbursement of Environmental Protection Agency for certain costs 

in connection with the Former Nansemond Ordnance Depot 

Site, Suffolk, Virginia. 

Subtitle C—Workplace and Depot Issues 

Sec. 321. Public-private competition required before conversion of any Department of Defense function performed by civilian employees to 

contractor performance. 

Sec. 322. Time limitation on duration of public-private competitions. 

Sec. 323. Inclusion of installation of major modifications in definition of depotlevel maintenance and repair. 

Sec. 324. Modification of authority for Army industrial facilities to engage in 

cooperative activities with non-Army entities. 

Sec. 325. Cost-benefit analysis of alternatives for performance of planned maintenance interval events and concurrent modifications performed 

on the AV–8B Harrier weapons system. 

Sec. 326. Termination of certain public-private competitions for conversion of 

Department of Defense functions to performance by a contractor. 

Sec. 327. Temporary suspension of public-private competitions for conversion of 

Department of Defense functions to performance by a contractor. 

Sec. 328. Requirement for debriefings related to conversion of functions from 

performance by Federal employees to performance by a contractor. 

Sec. 329. Amendments to bid protest procedures by Federal employees and 

agency officials in conversions of functions from performance 

by Federal employees to performance by a contractor. 

Subtitle D—Energy Security 

Sec. 331. Authorization of appropriations for Director of Operational Energy. 

Sec. 332. Report on implementation of Comptroller General recommendations 

on fuel demand management at forward-deployed locations. 

Sec. 333. Consideration of renewable fuels. 

Sec. 334. Department of Defense goal regarding procurement of renewable 

aviation fuels. 

Subtitle E—Reports 

Sec. 341. Annual report on procurement of military working dogs. 

Subtitle F—Other Matters 
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Sec. 351. Authority for airlift transportation at Department of Defense rates 

for non-Department of Defense Federal cargoes. 

Sec. 352. Requirements for standard ground combat uniform. 

Sec. 353. Restriction on use of funds for counterthreat finance efforts. 

Sec. 354. Limitation on obligation of funds pending submission of classified 

justification material. 

Sec. 355. Condition-based maintenance demonstration programs. 

1 Subtitle A—Authorization of 

2 Appropriations 

3 SEC. 301. OPERATION AND MAINTENANCE FUNDING. 

4 Funds are hereby authorized to be appropriated for 

5 fiscal year 2010 for the use of the Armed Forces and other 

6 activities and agencies of the Department of Defense for 

7 expenses, not otherwise provided for, for operation and 

8 maintenance, in amounts as follows: 

9 (1) For the Army, $31,398,432,000. 

10 (2) For the Navy, $35,330,997,000. 

11 (3) For the Marine Corps, $5,570,823,000. 

12 (4) For the Air Force, $34,451,654,000. 

13 (5) For Defense-wide activities, 

14 $29,016,532,000. 

15 (6) For the Army Reserve, $2,572,196,000. 

16 (7) For the Naval Reserve, $1,292,501,000. 

17 (8) For the Marine Corps Reserve, 

18 $228,925,000. 

19 (9) For the Air Force Reserve, $3,088,528,000. 

20 (10) For the Army National Guard, 

21 $6,268,884,000. 
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1 (11) For the Air National Guard, 

2 $5,919,461,000. 

3 (12) For the United States Court of Appeals 

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

5 (13) For the Acquisition Development Work6 force Fund, $100,000,000. 

7 (14) For Environmental Restoration, Army, 

8 $415,864,000. 

9 (15) For Environmental Restoration, Navy, 

10 $285,869,000. 

11 (16) For Environmental Restoration, Air Force, 

12 $494,276,000. 

13 (17) For Environmental Restoration, Defense14 wide, $11,100,000. 

15 (18) For Environmental Restoration, Formerly 

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

17 (19) For Overseas Humanitarian, Disaster, and 

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

19 (20) For Cooperative Threat Reduction pro20 grams, $434,093,000. 

21 (21) For the Overseas Contingency Operations 

22 Transfer Fund, $5,000,000. 
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1 Subtitle B—Environmental 

2 Provisions 

3 SEC. 311. CLARIFICATION OF REQUIREMENT FOR USE OF 

4 AVAILABLE FUNDS FOR DEPARTMENT OF DE5 FENSE PARTICIPATION IN CONSERVATION 

6 BANKING PROGRAMS. 

7 Section 2694c of title 10, United States Code, is 

8 amended— 

9 (1) in subsection (a), by striking ‘‘to carry out 

10 this section’’; 

11 (2) by redesignating subsection (d) as sub12 section (e); and 

13 (3) by inserting after subsection (c) the fol14 lowing new subsection (d): 

15 ‘‘(d) SOURCE OF FUNDS.—(1) Amounts described in 

16 paragraph (2) shall be available for activities under this 

17 section. 

18 ‘‘(2) Amounts described in this paragraph are 

19 amounts available for any of the following: 

20 ‘‘(A) Operation and maintenance. 

21 ‘‘(B) Military construction. 

22 ‘‘(C) Research, development, test, and evalua23 tion. 

24 ‘‘(D) The Support for United States Relocation 

25 to Guam Account established under section 2824 of 
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1 the Duncan Hunter National Defense Authorization 

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

3 Stat. 4730; 10 U.S.C. 2687 note).’’. 

4 SEC. 312. REAUTHORIZATION OF TITLE I OF SIKES ACT. 

5 (a) REAUTHORIZATION.—Section 108 of the Sikes 

6 Act (16 U.S.C. 670f) is amended by striking ‘‘fiscal years 

7 2004 through 2008’’ each place it appears and inserting 

8 ‘‘fiscal years 2010 through 2015’’. 

9 (b) CLARIFICATION OF AUTHORIZATIONS.—Such sec10 tion is further amended— 

11 (1) in subsection (b), by striking ‘‘There are 

12 authorized’’ and inserting ‘‘Of the amounts author13 ized to be appropriated to the Department of De14 fense, there are authorized’’; and 

15 (2) in subsection (c), by striking ‘‘There are au16 thorized’’ and inserting ‘‘Of the amounts authorized 

17 to be appropriated to the Department of the Inte18 rior, there are authorized’’. 

19 SEC. 313. AUTHORITY OF SECRETARY OF A MILITARY DE20 PARTMENT TO ENTER INTO INTERAGENCY 

21 AGREEMENTS FOR LAND MANAGEMENT ON 

22 DEPARTMENT OF DEFENSE INSTALLATIONS. 

23 (a) AUTHORITY.—Section 103 of the Sikes Act (16 

24 U.S.C. 670c–1) is amended— 

25 (1) in subsection (a)— 
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1 (A) by inserting after ‘‘and individuals’’ 

2 the following: ‘‘, and into interagency agree3 ments with the heads of other Federal depart4 ments and agencies,’’; and 

5 (B) in paragraph (2), by inserting ‘‘or 

6 interagency agreement’’ after ‘‘cooperative 

7 agreement’’; 

8 (2) in subsection (b), by inserting ‘‘or inter9 agency agreement’’ after ‘‘cooperative agreement’’; 

10 and 

11 (3) in subsection (c), by inserting ‘‘and inter12 agency agreements’’ after ‘‘cooperative agreements’’ 

13 the first place it appears. 

14 (b) CLERICAL AMENDMENTS.—The heading for such 

15 section is amended by inserting ‘‘AND INTERAGENCY’’ 

16 after ‘‘COOPERATIVE’’and the table of contents for such 

17 Act is conformed accordingly. 

18 SEC. 314. REAUTHORIZATION OF PILOT PROGRAM FOR 

19 INVASIVE SPECIES MANAGEMENT FOR MILI20 TARY INSTALLATIONS IN GUAM. 

21 Section 101(g)(1) of the Sikes Act (16 U.S.C. 

22 670a(g)(1)) is amended by striking ‘‘fiscal years 2004 

23 through 2008’’ and inserting ‘‘fiscal years 2010 through 

24 2015’’. 
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1 SEC. 315. REIMBURSEMENT OF ENVIRONMENTAL PROTEC2 TION AGENCY FOR CERTAIN COSTS IN CON3 NECTION WITH THE FORMER NANSEMOND 

4 ORDNANCE DEPOT SITE, SUFFOLK, VIRGINIA. 

5 (a) AUTHORITY TO REIMBURSE.— 

6 (1) TRANSFER AMOUNT.—Using funds de7 scribed in subsection (b) and notwithstanding sec8 tion 2215 of title 10, United States Code, the Sec9 retary of Defense may transfer not more than 

10 $68,623 during fiscal year 2010 to the Former 

11 Nansemond Ordnance Depot Site Special Account, 

12 within the Hazardous Substance Superfund. 

13 (2) PURPOSE OF REIMBURSEMENT.—The pay14 ment under paragraph (1) is final payment to reim15 burse the Environmental Protection Agency for all 

16 costs incurred in overseeing a time critical removal 

17 action performed by the Department of Defense 

18 under the Defense Environmental Restoration Pro19 gram for ordnance and explosive safety hazards at 

20 the Former Nansemond Ordnance Depot Site, Suf21 folk, Virginia. 

22 (3) INTERAGENCY AGREEMENT.—The reim23 bursement described in paragraph (2) is provided for 

24 in an interagency agreement entered into by the De25 partment of the Army and the Environmental Pro-
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1 tection Agency for the Former Nansemond Ord2 nance Depot Site in December 1999. 

3 (b) SOURCE OF FUNDS.—Any payment under sub4 section (a) shall be made using funds authorized to be ap5 propriated by section 301(17) of this Act for operation 

6 and maintenance for Environmental Restoration, For7 merly Used Defense Sites. 

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

9 Agency shall use the amount transferred under subsection 

10 (a) to pay costs incurred by the agency at the Former 

11 Nansemond Ordnance Depot Site. 

12 SEC. 316. PROCUREMENT AND USE OF MUNITIONS. 

13 The Secretary of Defense shall— 

14 (1) in making decisions with respect to the pro15 curement of munitions, develop methods to account 

16 for the full life-cycle costs of munitions, including 

17 the effects of failure rates on the cost of disposal; 

18 (2) undertake a review of live-fire practices for 

19 the purpose of reducing unexploded ordnance and 

20 munitions-constituent contamination without imped21 ing military readiness; and 

22 (3) not later than 180 days after the date of 

23 the enactment of this Act, and annually thereafter, 

24 submit to Congress a report on the methods devel25 oped pursuant to this section and the progress of the 
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1 live-fire review and recommendations for reducing 

2 the life-cycle costs of munitions, unexploded ord3 nance, and munitions-constituent contamination. 

4 SEC. 317. PROHIBITION ON DISPOSING OF WASTE IN OPEN5 AIR BURN PITS. 

6 (a) IN GENERAL.—The Secretary of Defense shall 

7 prohibit the disposal of covered waste in an open-air burn 

8 pit during a contingency operation lasting longer than 1 

9 year. 

10 (b) REGULATIONS.—Not later than 1 year after the 

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

12 shall prescribe regulations to carry out this section. 

13 (c) REPORT.—Not later than 180 days after the date 

14 of the enactment of this Act, the Secretary shall submit 

15 to Congress a report on the use of open-air burn pits in 

16 contingency operations. The report shall include— 

17 (1) a description of each type of waste burned 

18 in such open-air burn pits; and 

19 (2) a discussion of the feasibility of alternative 

20 methods of disposing of covered waste, including— 

21 (A) a plan to use such alternative methods; 

22 or 

23 (B) if the Secretary determines that no 

24 such alternative method is feasible, a detailed 

25 discussion explaining why open-air burn pits are 
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1 the only feasible method of disposing of such 

2 waste. 

3 (d) DEFINITIONS.—In this section: 

4 (1) The term ‘‘contingency operation’’ has the 

5 meaning given that term by section 101(a)(13) of 

6 title 10, United States Code. 

7 (2) The term ‘‘covered waste’’ includes— 

8 (A) hazardous waste, as defined by section 

9 1004(5) of the Solid Waste Disposal Act (42 

10 U.S.C. 6903(5)); 

11 (B) medical waste; and 

12 (C) solid waste containing plastic. 

13 SEC. 318. MILITARY MUNITIONS RESPONSE SITES. 

14 (a) INFORMATION SHARING.—Section 2710(a)(2)(B) 

15 of title 10, United States Code, is amended by inserting 

16 ‘‘, county,’’ after ‘‘identification of the State’’. 

17 (b) MILITARY MUNITIONS RESPONSE PROGRAM AND

18 INSTALLATION RESTORATION PROGRAM.—The Secretary 

19 of Defense shall— 

20 (1) as part of the Secretary’s annual budget 

21 submission to Congress, include the funding levels 

22 requested for Military Munitions Response Program 

23 and Installation Restoration Program; and 
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1 (2) evaluate and report on the progress of such 

2 programs in the Defense Environmental Program’s 

3 Annual Report to Congress. 

4 Subtitle C—Workplace and Depot 

5 Issues 

6 SEC. 321. PUBLIC-PRIVATE COMPETITION REQUIRED BE7 FORE CONVERSION OF ANY DEPARTMENT OF 

8 DEFENSE FUNCTION PERFORMED BY CIVIL9 IAN EMPLOYEES TO CONTRACTOR PERFORM10 ANCE. 

11 (a) REQUIREMENT.—Section 2461(a)(1) of title 10, 

12 United States Code, is amended— 

13 (1) by striking ‘‘A function’’ and inserting ‘‘No 

14 function’’; 

15 (2) by striking ‘‘10 or more’’; and 

16 (3) by striking ‘‘may not be converted’’ and in17 serting ‘‘may be converted’’. 

18 (b) EFFECTIVE DATE.—The amendments made by 

19 subsection (a) shall apply with respect to a function for 

20 which a public-private competition is commenced on or 

21 after the date of the enactment of this Act. 
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1 SEC. 322. TIME LIMITATION ON DURATION OF PUBLIC-PRI2 VATE COMPETITIONS. 

3 (a) TIME LIMITATION.—Section 2461(a) of title 10, 

4 United States Code, is amended by adding at the end the 

5 following new paragraph: 

6 ‘‘(5)(A) The duration of a public-private competition 

7 conducted pursuant to Office of Management and Budget 

8 Circular A–76 or any other provision of law for any func9 tion of the Department of Defense performed by Depart10 ment of Defense civilian employees may not exceed a pe11 riod of 540 days, commencing on the date on which the 

12 preliminary planning for the public-private competition be13 gins through the date on which a performance decision 

14 is rendered with respect to the function. 

15 ‘‘(B) The time period specified in subparagraph (A) 

16 for a public-private competition does not include any day 

17 during which the public-private competition is delayed by 

18 reason of a protest before the Government Accountability 

19 Office or the United States Court of Federal Claims un20 less the Secretary of Defense determines that the delay 

21 is caused by issues being raised during the appellate proc22 ess that were not previously raised during the competition. 

23 ‘‘(C) In this paragraph, the term ‘preliminary plan24 ning’ with respect to a public-private competition means 

25 any action taken to carry out any of the following activi26 ties: 
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1 ‘‘(i) Determining the scope of the competition. 

2 ‘‘(ii) Conducting research to determine the ap3 propriate grouping of functions for the competition. 

4 ‘‘(iii) Assessing the availability of workload 

5 data, quantifiable outputs of functions, and agency 

6 or industry performance standards applicable to the 

7 competition. 

8 ‘‘(iv) Determining the baseline cost of any func9 tion for which the competition is conducted.’’. 

10 (b) EFFECTIVE DATE.—Paragraph (5) of section 

11 2461(a) of title 10, United States Code, as added by sub12 section (a), shall apply with respect to a public-private 

13 competition covered by such section that is being con14 ducted on or after the date of the enactment of this Act. 

15 SEC. 323. INCLUSION OF INSTALLATION OF MAJOR MODI16 FICATIONS IN DEFINITION OF DEPOT-LEVEL 

17 MAINTENANCE AND REPAIR. 

18 Section 2460 of title 10, United States Code, is 

19 amended in the second sentence— 

20 (1) by striking ‘‘and’’ before ‘‘(2)’’; and 

21 (2) by inserting before the period at the end the 

22 following: ‘‘, and (3) the installation of major modi23 fications, including performance or safety modifica24 tions’’. 
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1 SEC. 324. MODIFICATION OF AUTHORITY FOR ARMY INDUS2 TRIAL FACILITIES TO ENGAGE IN COOPERA3 TIVE ACTIVITIES WITH NON-ARMY ENTITIES. 

4 The second sentence of section 4544(a) of title 10, 

5 United States Code, is amended by inserting before the 

6 period at the end the following: ‘‘in addition to the con7 tracts and cooperative agreements in effect as of the date 

8 of the enactment of the National Defense Authorization 

9 Act for Fiscal Year 2008 (Public Law 110–181)’’. 

10 SEC. 325. COST-BENEFIT ANALYSIS OF ALTERNATIVES FOR 

11 PERFORMANCE OF PLANNED MAINTENANCE 

12 INTERVAL EVENTS AND CONCURRENT MODI13 FICATIONS PERFORMED ON THE AV–8B HAR14 RIER WEAPONS SYSTEM. 

15 (a) COST-BENEFIT ANALYSIS REQUIRED.—The Sec16 retary of the Navy, in consultation with the Commandant 

17 of the Marine Corps, shall carry out a thorough economic 

18 analysis of the costs and benefits associated with each al19 ternative the Secretary is considering for the performance 

20 of planned maintenance interval events and concurrent or 

21 stand alone modifications performed on the AV–8B Har22 rier weapons system. Such analysis shall be performed in 

23 accordance with Department of Defense Instruction 

24 7043.1, entitled ‘‘Economic Analysis for Decisionmaking’’, 

25 and Office of Management and Budget Circular A–94, en26 titled ‘‘Guidelines and Discount Rates for Benefit-Cost 
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1 Analysis of Federal Programs’’ and dated October 29, 

2 1992, and, for each such alternative, shall include an as3 sessment of the following: 

4 (1) The effect of the loss of workload on or5 ganic depot labor rates associated with each alter6 native. 

7 (2) The effect on the depot net operating result 

8 for each such alternative. 

9 (3) The effect on long-term sustainment of 

10 depot-level capabilities for future support of core 

11 workload throughout the life cycle of the AV–8B 

12 Harrier weapons system. 

13 (4) The risk to readiness, the aviation safety 

14 risk, and the enterprise-wide financial risk associ15 ated with each such alternative. 

16 (b) REPORT REQUIRED.—Not later than 180 days 

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

18 of the Navy shall submit to the congressional defense com19 mittees a report on the cost-benefit analysis required in 

20 subsection (a). The report shall include each of the fol21 lowing: 

22 (1) The criteria and rationale used to classify 

23 work as organization-level maintenance or depot24 level maintenance. 
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1 (2) An explanation of the core logistics capabili2 ties and associated workload requirements for the 

3 AV–8B weapons system, including an explanation of 

4 how such requirements were determined and ration5 ale for classifying the planned maintenance interval 

6 events and concurrent or stand alone modifications 

7 on the AV–8B as above core workload. 

8 (3) An assessment of the effects of proposed 

9 workload transfer on the Department of the Navy’s 

10 division of depot maintenance funding between pub11 lic and private sectors in accordance with section 

12 2466(a) of title 10, United States Code. 

13 (c) PROHIBITION ON CONTRACTING ACTIVITIES.— 

14 The Secretary of the Navy may not enter into a contract 

15 for the performance of planned maintenance interval 

16 events or associated depot-level maintenance activities, in17 cluding concurrent or stand alone modifications, by non18 Federal Government personnel until 90 days after the date 

19 on which the Secretary completes the assessment required 

20 under subsection (a) and submits the report required 

21 under subsection (b). 
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1 SEC. 326. TERMINATION OF CERTAIN PUBLIC-PRIVATE 

2 COMPETITIONS FOR CONVERSION OF DE3 PARTMENT OF DEFENSE FUNCTIONS TO PER4 FORMANCE BY A CONTRACTOR. 

5 (a) TEMPORARY SUSPENSION OF PENDING STUD6 IES.—The Secretary of Defense shall halt all pending pub7 lic-private competitions being conducted pursuant to sec8 tion 2461 of title 10, United States Code, or Office of 

9 Management and Budget Circular A–76 that had not re10 sulted in conversion to performance to a contractor as of 

11 March 26, 2009, until such time as the Secretary may 

12 review such competitions. 

13 (b) REVIEW AND APPROVAL PROCESS.— 

14 (1) REVIEW REQUIRED.—Before recommencing 

15 any pending study for a public-private competition 

16 halted under subsection (a), the Secretary of De17 fense shall review all the studies halted by reason of 

18 that subsection and take the following actions with 

19 respect to each such study: 

20 (A) Describe the methodology and data 

21 sources along with outside resources to gather 

22 and analyze information necessary to estimate 

23 cost savings. 

24 (B) Certify that the estimated savings are 

25 still achievable. 
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1 (C) Document the rationale for rejecting 

2 an individual command’s request to cancel, 

3 defer, or reduce the scope of a decision to con4 duct the study. 

5 (D) Consider alternatives to the study that 

6 would provide savings and improve performance 

7 such as internal reorganizations. 

8 (E) Include any other relevant information 

9 to justify recommencement of the study. 

10 (2) TERMINATION OF CERTAIN STUDIES.—The 

11 Secretary of Defense shall terminate any study for 

12 a public-private competition that has been conducted 

13 for longer than 18 months (beginning with prelimi14 nary planning and ending with the exhaustion of 

15 General Accountability Office protests), or submit to 

16 Congress a written justification for continuing of the 

17 study. 

18 (c) CONGRESSIONAL NOTIFICATION.—The Secretary 

19 of Defense may not recommence a study halted pursuant 

20 to subsection (a) until the Secretary submits to Congress 

21 a report describing the actions taken by the Secretary 

22 under paragraphs (1) and (2) of subsection (b). 
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1 SEC. 327. TEMPORARY SUSPENSION OF PUBLIC-PRIVATE 

2 COMPETITIONS FOR CONVERSION OF DE3 PARTMENT OF DEFENSE FUNCTIONS TO PER4 FORMANCE BY A CONTRACTOR. 

5 During the period beginning on the date of the enact6 ment of this Act and ending on September 30, 2012, no 

7 study or competition regarding the conversion to perform8 ance by a contractor of any Department of Defense func9 tion may be begun or announced pursuant to 2461 of title 

10 10, United States Code, or otherwise pursuant to Office 

11 of Management and Budget Circular A–76. 

12 SEC. 328. REQUIREMENT FOR DEBRIEFINGS RELATED TO 

13 CONVERSION OF FUNCTIONS FROM PER14 FORMANCE BY FEDERAL EMPLOYEES TO 

15 PERFORMANCE BY A CONTRACTOR. 

16 The Administrator for Federal Procurement Policy 

17 shall revise the Federal Acquisition Regulation to allow 

18 for pre-award and post-award debriefings of Federal em19 ployee representatives in the case of a conversion of any 

20 function from performance by Federal employees to per21 formance by a contractor. Such debriefings will conform 

22 to the requirements of section 2305(b)(6)(A) of title 10, 

23 United States Code, section 303B(f) of the Federal Prop24 erty and Administrative Services Act of 1949 (41 U.S.C. 

25 253b(f)), and subparts 15.505 and 15.506 (as in effect 
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1 on the date of the enactment of this Act ) of the Federal 

2 Acquisition Regulation. 

3 SEC. 329. AMENDMENTS TO BID PROTEST PROCEDURES BY 

4 FEDERAL EMPLOYEES AND AGENCY OFFI5 CIALS IN CONVERSIONS OF FUNCTIONS 

6 FROM PERFORMANCE BY FEDERAL EMPLOY7 EES TO PERFORMANCE BY A CONTRACTOR. 

8 (a) PROTEST JURISDICTION OF THE COMPTROLLER

9 GENERAL.—Section 3551(1) of title 31, United States 

10 Code, is amended by adding at the end the following new 

11 subparagraph: 

12 ‘‘(E) Conversion of a function that is being 

13 performed by Federal employees to private sec14 tor performance.’’. 

15 (b) ELIGIBILITY TO PROTEST PUBLIC-PRIVATE COM16 PETITIONS.—Clause (i) of paragraph (2)(B) of section 

17 3551 of title 31, United States Code, is amended to read 

18 as follows: 

19 ‘‘(i) any official who is responsible for 

20 submitting the agency tender in such com21 petition; and’’. 

22 (c) PREJUDICE TO FEDERAL EMPLOYEES.— 

23 (1) IN GENERAL.—Section 3557 of title 31, 

24 United States Code, is amended— 
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1 (A) by inserting ‘‘(A) EXPEDITED AC2 TION.—’’ before ‘‘For any protest’’; and 

3 (B) by adding at the end the following new 

4 subsection: 

5 ‘‘(b) INJURY TO FEDERAL EMPLOYEES.—In the case 

6 of a protest filed by an interested party described in sub7 paragraph (B) of section 3551(2) of this title, a showing 

8 that a Federal employee has been displaced from per9 forming a function or part thereof, and that function is 

10 being performed by the private sector, is sufficient evi11 dence that a conversion has occurred resulting in concrete 

12 injury and prejudice to the Federal employee as a con13 sequence of agency action.’’. 

14 (2) CONFORMING AND CLERICAL AMEND15 MENTS.— 

16 (A) The heading of section 3557 of such 

17 title is amended to read as follows: 

18 ‘‘§ 3557. Protests of public-private competitions’’. 

19 (B) The item relating to section 3557 in 

20 the table of sections at the beginning of chapter 

21 35 of such title is amended to read as follows: 

‘‘3557. Protests of public-private competitions.’’. 

22 (d) DECISIONS ON PROTESTS.—Section 3554(b) of 

23 title 31, United States Code, is amended— 

24 (1) by redesignating subparagraphs (F) and 

25 (G) as subparagraphs (G) and (H), respectively; 
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1 (2) by inserting after subparagraph (E) the fol2 lowing new subparagraph (F): 

3 ‘‘(F) cancel the solicitation issued pursuant 

4 to the public-private competition conducted 

5 under Office of Management and Budget Cir6 cular A–76 or any successor circular;’’; and 

7 (3) in subparagraph (G), as redesignated by 

8 paragraph (1), by striking ‘‘, and (E)’’ an inserting 

9 ‘‘, (E), and (G)’’. 

10 (e) APPLICABILITY.—The amendments made by this 

11 section shall apply— 

12 (1) to any protest or civil action that relates to 

13 a public-private competition conducted after the date 

14 of the enactment of this Act under Office of Man15 agement and Budget Circular A–76, or any suc16 cessor circular; or 

17 (2) to a decision made after the date of the en18 actment of this Act to convert a function performed 

19 by Federal employees to private sector performance 

20 without a competition under Office of Management 

21 and Budget Circular A–76. 
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1 Subtitle D—Energy Security 

2 SEC. 331. AUTHORIZATION OF APPROPRIATIONS FOR DI3 RECTOR OF OPERATIONAL ENERGY. 

4 Of the amounts authorized to be appropriated for Op5 eration and Maintenance, Defense-wide, $5,000,000 is for 

6 the Director of Operational Energy Plans and Programs 

7 to carry out the duties prescribed for the Director under 

8 section 139b of title 10, United States Code, to be made 

9 available upon the confirmation of an individual to serve 

10 as the Director of Operational Energy Plans and Pro11 grams. 

12 SEC. 332. REPORT ON IMPLEMENTATION OF COMP13 TROLLER GENERAL RECOMMENDATIONS ON 

14 FUEL DEMAND MANAGEMENT AT FORWARD15 DEPLOYED LOCATIONS. 

16 Not later than February 1, 2010, the Director of 

17 Operational Energy Plans and Programs of the Depart18 ment of Defense (or, in the event that no individual has 

19 been confirmed as the Director, the Secretary of Defense) 

20 shall submit to the Committees on Armed Services of the 

21 Senate and House of Representatives a report on any spe22 cific actions that have been taken to implement the fol23 lowing three recommendations made by the Comptroller 

24 General: 
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1 (1) The recommendation that each of the com2 batant commanders establish requirements for man3 aging fuel demand at forward-deployed locations 

4 within their respective areas of responsibility. 

5 (2) The recommendation that the head of each 

6 military department develop guidance to implement 

7 such requirements. 

8 (3) The recommendation that the Chairman of 

9 the Joint Chiefs of Staff require that fuel demand 

10 considerations be incorporated into the Joint Staff’s 

11 initiative to develop joint standards of life support at 

12 forward-deployed locations. 

13 SEC. 333. CONSIDERATION OF RENEWABLE FUELS. 

14 (a) IN GENERAL.—The Secretary of Defense shall 

15 consider renewable fuels, including domestically produced 

16 algae-based, biodiesel, and biomass-derived fuels, for test17 ing, certification, and use in aviation, maritime, and 

18 ground transportation fleets. 

19 (b) REPORT.—Not later than February 1, 2010, the 

20 Secretary of Defense shall submit to the Committees on 

21 Armed Services of the Senate and House of Representa22 tives a report on the Secretary’s consideration of renew23 able fuels that includes each of the following: 

24 (1) An assessment of the use of renewable 

25 fuels, including domestically produced algae-based, 
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1 biodiesel, and biomass-derived fuels, as alternative 

2 fuels in aviation, maritime, and ground transpor3 tation fleets (including tactical vehicles and applica4 tions). Such assessment shall include technical, 

5 logistical, and policy considerations. 

6 (2) An assessment of whether it would be bene7 ficial to establish a renewable fuel commodity class 

8 that is distinct from petroleum-based products. 

9 SEC. 334. DEPARTMENT OF DEFENSE GOAL REGARDING 

10 PROCUREMENT OF RENEWABLE AVIATION 

11 FUELS. 

12 (a) Subchapter II of chapter 173 of title 10, United 

13 States Code, is amended by adding at the end the fol14 lowing new section: 

15 ‘‘§ 2922g. Goal regarding procurement of renewable 

16 aviation fuels 

17 ‘‘It shall be the goal of the Department of Defense— 

18 ‘‘(1) for fiscal year 2025, and each subsequent 

19 fiscal year, to procure from renewable aviation fuel 

20 sources not less than 25 percent of the total quan21 tity of aviation fuel consumed by the Department of 

22 Defense in the contiguous United States; and 

23 ‘‘(2) to procure fuels from renewable aviation 

24 fuel sources whenever the use of such renewable 

25 aviation fuels is consistent with the operational en-
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1 ergy strategy required by section 139b(d) of this 

2 title.’’. 

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

4 at the beginning of such chapter is amended by inserting 

5 after the item relating to section 2922f the following new 

6 item: 

‘‘2922g. Goal regarding procurement of renewable aviation fuels.’’. 

7 SEC. 335. EXCEPTION TO ALTERNATIVE FUEL PROCURE8 MENT REQUIREMENT. 

9 Section 526 of the Energy Independence and Security 

10 Act of 2007 (Public Law 110–140; 42 U.S.C. 17142) is 

11 amended— 

12 (1) by striking ‘‘No Federal agency’’ and insert13 ing ‘‘(a) REQUIREMENT.—Except as provided in 

14 subsection (b), no Federal agency’’; and 

15 (2) by adding at the end the following: 

16 ‘‘(b) EXCEPTION.—Subsection (a) does not prohibit 

17 a Federal agency from entering into a contract to pur18 chase a generally available fuel that is not an alternative 

19 or synthetic fuel or predominantly produced from a non20 conventional petroleum source, if— 

21 ‘‘(1) the contract does not specifically require 

22 the contractor to provide an alternative or synthetic 

23 fuel or fuel from a nonconventional petroleum 

24 source; 
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1 ‘‘(2) the purpose of the contract is not to obtain 

2 an alternative or synthetic fuel or fuel from a non3 conventional petroleum source; and 

4 ‘‘(3) the contract does not provide incentives for 

5 a refinery upgrade or expansion to allow a refinery 

6 to use or increase its use of fuel from a nonconven7 tional petroleum source.’’. 

8 Subtitle E—Reports 

9 SEC. 341. ANNUAL REPORT ON PROCUREMENT OF MILI10 TARY WORKING DOGS. 

11 Section 358 of the Duncan Hunter National Defense 

12 Authorization Act for Fiscal Year 2009 (Public Law 110– 

13 417; 122 Stat. 4427; 10 U.S.C. 2302 note) is amended— 

14 (1) by redesignating subsection (c) as sub15 section (d); and 

16 (2) by inserting after subsection (b) the fol17 lowing new subsection (c): 

18 ‘‘(c) ANNUAL REPORT.—Not later than 90 days after 

19 the date of the enactment of the National Defense Author20 ization Act for Fiscal Year 2010, and annually thereafter, 

21 the Secretary, acting through the Executive Agent, shall 

22 submit to the congressional defense committees a report 

23 on the procurement of military working dogs for the fiscal 

24 year preceding the fiscal year during which the report is 

25 submitted. Such a report may be combined with the report 
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1 required under section 2582(f) of title 10, United States 

2 Code, for the same fiscal year as the fiscal year covered 

3 by the report under this subsection. Each report under 

4 this subsection shall include the following for the fiscal 

5 year covered by the report: 

6 ‘‘(1) The number of military working dogs pro7 cured from domestic breeders by each military de8 partment or Defense Agency. 

9 ‘‘(2) The number of military working dogs pro10 cured from non-domestic breeders by each military 

11 department or Defense Agency. 

12 ‘‘(3) The total cost of procuring military work13 ing dogs from domestic breeders and the total cost 

14 of procuring such dogs from non-domestic breeders. 

15 ‘‘(4) The total cost of procuring military work16 ing dogs for each military department or Defense 

17 Agency.’’. 

18 Subtitle F—Other Matters 

19 SEC. 351. AUTHORITY FOR AIRLIFT TRANSPORTATION AT 

20 DEPARTMENT OF DEFENSE RATES FOR NON21 DEPARTMENT OF DEFENSE FEDERAL CAR22 GOES. 

23 (a) IN GENERAL.—Section 2642(a) of title 10, 

24 United States Code, is amended by adding at the end the 

25 following new paragraph: 
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1 ‘‘(3) During the five-year period beginning on 

2 the date of the enactment of the National Defense 

3 Authorization Act for Fiscal Year 2010, for military 

4 airlift services provided to any element of the Fed5 eral Government outside the Department of Defense 

6 in circumstances other than those specified in para7 graphs (1) and (2), but only if the Secretary of De8 fense determines that the provision of such services 

9 will promote the improved use of airlift capacity 

10 without any negative effect on national security ob11 jectives or the national security interests contained 

12 within the United States commercial air industry.’’. 

13 (b) ANNUAL REPORT.—Not later than March 1 of 

14 each year for which the paragraph (3) of section 2642(a) 

15 of title 10, United States Code, as added by subsection 

16 (a), is in effect, the Secretary of Defense shall submit to 

17 the Committees on Armed Services of the Senate and 

18 House of Representatives an annual report describing, in 

19 detail, the Secretary’s use of the authority under that 

20 paragraph, including— 

21 (1) how the authority was used; 

22 (2) the frequency of use of the authority; 

23 (3) the Secretary’s rationale for the use of the 

24 authority; and 

25 (4) for which agencies the authority was used. 
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1 SEC. 352. REQUIREMENTS FOR STANDARD GROUND COM2 BAT UNIFORM. 

3 The Secretary of Defense, in consultation with the 

4 Director of the Defense Logistics Agency, shall stand5 ardize the design of future ground combat uniforms. The 

6 future ground combat uniforms designed pursuant to this 

7 section shall be designed to— 

8 (1) increase the interoperability of ground com9 bat forces; 

10 (2) eliminate any uniqueness that could pose a 

11 tactical risk in a theater of operations; 

12 (3) maximize conformance with personal protec13 tive gear and body armor; 

14 (4) ensure standard coloration and pattern for 

15 the uniform; 

16 (5) be appropriate to the terrain, climate, and 

17 conditions in which the forces may be operating; 

18 (6) minimize production costs; and 

19 (7) minimize costs to the services for issuing 

20 the new standard ground combat uniform. 

21 SEC. 353. RESTRICTION ON USE OF FUNDS FOR COUNTER22 THREAT FINANCE EFFORTS. 

23 (a) RESTRICTION.—Of the amounts authorized to be 

24 appropriated by this Act for fiscal year 2010, not more 

25 than 90 percent may be obligated or expended to support 

26 personnel and operations for Department of Defense 
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1 counterthreat finance efforts, except for activities carried 

2 out by Department of Defense personnel and by personnel 

3 employed pursuant to a contract entered into by the Sec4 retary of Defense, until the Secretary of Defense, in con5 sultation with the Secretary of State, the Secretary of the 

6 Treasury, and the Attorney General, submits to the con7 gressional defense committees a report on— 

8 (1) the nature and extent of the mission of such 

9 counterthreat finance efforts; 

10 (2) the nature and extent of future cost require11 ments associated with the mission; 

12 (3) the nature and extent of Department of De13 fense resources required to support the mission; 

14 (4) the nature and extent of support, including 

15 personnel and funding support, from other depart16 ments and agencies required to execute the mission, 

17 including Department of Defense force planning and 

18 funding initiatives; and 

19 (5) the nature and extent of both existing and 

20 future contractor support necessary to meet the mis21 sion requirements of the mission. 

22 (b) COUNTERTHREAT FINANCE EFFORTS DE23 FINED.—In this section, the term ‘‘counterthreat finance 

24 efforts’’ has the meaning given that term pursuant to the 

25 Department of Defense memorandum dated December 2, 
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1 2008, and entitled ‘‘Directive-Type Memorandum 08– 

2 034–DOD Counterthreat Finance Policy’’ or any suc3 cessor memorandum or related guidelines or regulations. 

4 SEC. 354. LIMITATION ON OBLIGATION OF FUNDS PENDING 

5 SUBMISSION OF CLASSIFIED JUSTIFICATION 

6 MATERIAL. 

7 Of the amounts authorized to be appropriated in this 

8 title for fiscal year 2010 for the Office of the Secretary 

9 of Defense for budget activity four, line 270, not more 

10 than 90 percent may be obligated until 15 days after the 

11 information cited in the classified annex accompanying 

12 this Act relating to the provision of classified justification 

13 material to Congress is provided to the congressional de14 fense committees. 

15 SEC. 355. CONDITION-BASED MAINTENANCE DEMONSTRA16 TION PROGRAMS. 

17 (a) TACTICAL WHEELED VEHICLES PROGRAM.—The 

18 Secretary of the Army may conduct a 12-month condition19 based maintenance demonstration program on tactical 

20 wheeled vehicles, specifically the high mobility multi-pur21 pose wheeled vehicle, the heavy expanded mobility tactical 

22 truck and the family of medium tactical vehicles. 

23 (b) GUIDED MISSILE DESTROYER PROGRAM.—The 

24 Secretary of the Navy may conduct a 12-month dem25 onstration program on at least four systems or compo-
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1 nents of the guided missile destroyer class of surface com2 batant ships. 

3 (c) ISSUES TO BE ADDRESSED.—The demonstration 

4 programs described in subsections (a) and (b) shall ad5 dress— 

6 (1) the top 10 maintenance issues; 

7 (2) non-evidence of failures; and 

8 (3) projected return on investment analysis for 

9 a 10-year period. 

10 (d) OPEN ARCHITECTURE.—The demonstration pro11 grams’ design, system integration, and operations shall be 

12 conducted with an open architecture designed to— 

13 (1) interface with the extensible markup lan14 guage industry standard to provide diagnostic and 

15 prognostic reasoning for systems, subsystems or 

16 components; 

17 (2) facilitate common software systems, 

18 diagnostics tools, reference models, diagnostics rea19 soners, electronic libraries, and user interfaces for 

20 multiple ship and vehicle types; and 

21 (3) support the Department of Defense’s Class 

22 V interactive electronic technical manual operations. 

23 (e) REPORT.—The Secretary of the Army and the 

24 Secretary of the Navy shall submit a report to the congres25 sional defense committees, not later than October 1, 2010, 
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1 that assesses whether the respective military department 

2 could reduce maintenance costs and improve operational 

3 readiness by implementing condition-based maintenance 

4 for the current and future tactical wheeled vehicle fleets 

5 and Navy surface combatants. 

6 SEC. 356. STUDY ON DISTRIBUTION OF HEMOSTATIC 

7 AGENTS. 

8 (a) STUDY.—Not later than December 31, 2009, the 

9 Secretary of Defense shall carry out a study and submit 

10 to the congressional defense committees a report on the 

11 distribution of hemostatic agents to members of the 

12 Armed Forces serving in Iraq and Afghanistan, to ensure 

13 each military service is complying with that service’s poli14 cies with respect to hemostatic agents, including a descrip15 tion of any distribution problems and attempts to resolve 

16 such problems. 

17 (b) SENSE OF CONGRESS.—It is the sense of Con18 gress that all members of the Armed Force deployed in 

19 combat zones should carry life-saving resources with them, 

20 including hemostatic agents. 

21 SEC. 357. EXTENSION OF ARSENAL SUPPORT PROGRAM INI22 TIATIVE. 

23 Section 343 of the Floyd D. Spence National Defense 

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

25 note) is amended— 
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1 (1) in subsection (a), by striking ‘‘2010’’ and 

2 inserting ‘‘2011’’; and 

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

4 and inserting ‘‘2011’’. 

5 TITLE IV—MILITARY 

6 PERSONNEL AUTHORIZATIONS 

Subtitle A—Active Forces 

Sec. 401. End strengths for active forces. 

Sec. 402. Revision in permanent active duty end strength minimum levels. 

Sec. 403. Additional authority for increases of Army active duty end strengths 

for fiscal years 2011 and 2012. 

Subtitle B—Reserve Forces 

Sec. 411. End strengths for Selected Reserve. 

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

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

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

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

duty for operational support. 

Sec. 416. Submission of options for creation of Trainees, Transients, Holdees, 

and Students account for Army National Guard. 

Subtitle C—Authorization of Appropriations 

Sec. 421. Military personnel. 

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

7 Subtitle A—Active Forces 

8 SEC. 401. END STRENGTHS FOR ACTIVE FORCES. 

9 The Armed Forces are authorized strengths for active 

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

11 (1) The Army, 547,400. 

12 (2) The Navy, 328,800. 

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

14 (4) The Air Force, 331,700. 
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1 SEC. 402. REVISION IN PERMANENT ACTIVE DUTY END 

2 STRENGTH MINIMUM LEVELS. 

3 Section 691(b) of title 10, United States Code, is 

4 amended by striking paragraphs (1) through (4) and in5 serting the following new paragraphs: 

6 ‘‘(1) For the Army, 547,400. 

7 ‘‘(2) For the Navy, 328,800. 

8 ‘‘(3) For the Marine Corps, 202,100. 

9 ‘‘(4) For the Air Force, 331,700.’’. 

10 SEC. 403. ADDITIONAL AUTHORITY FOR INCREASES OF 

11 ARMY ACTIVE DUTY END STRENGTHS FOR 

12 FISCAL YEARS 2011 AND 2012. 

13 (a) AUTHORITY TO INCREASE ARMY ACTIVE DUTY

14 END STRENGTHS.— 

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

16 and 2012, the Secretary of Defense may, as the Sec17 retary determines necessary for the purposes speci18 fied in paragraph (2), establish the active-duty end 

19 strength for the Army at a number greater than the 

20 number otherwise authorized by law up to the num21 ber equal to the fiscal-year 2010 baseline plus 

22 30,000. 

23 (2) PURPOSE OF INCREASES.—The purposes 

24 for which increases may be made in Army active 

25 duty end strengths under paragraphs (1) and (2) 

26 are— 
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1 (A) to support operational missions; and 

2 (B) to achieve reorganizational objectives, 

3 including increased unit manning, force sta4 bilization and shaping, and supporting wounded 

5 warriors. 

6 (3) FISCAL-YEAR 2010 BASELINE.—In this sub7 section, the term ‘‘fiscal-year 2010 baseline’’, with 

8 respect to the Army, means the active-duty end 

9 strength authorized for those services in section 

10 401(1). 

11 (4) ACTIVE-DUTY END STRENGTH.—In this 

12 subsection, the term ‘‘active-duty end strength’’ 

13 means the strength for active-duty personnel of one 

14 the Armed Forces as of the last day of a fiscal year. 

15 (b) RELATIONSHIP TO PRESIDENTIAL WAIVER AU16 THORITY.—Nothing in this section shall be construed to 

17 limit the President’s authority under section 123a of title 

18 10, United States Code, to waive any statutory end 

19 strength in a time of war or national emergency. 

20 (c) RELATIONSHIP TO OTHER VARIANCE AUTHOR21 ITY.—The authority under subsection (a) is in addition 

22 to the authority to vary authorized end strengths that is 

23 provided in subsections (e) and (f) of section 115 of title 

24 10, United States Code. 
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1 (d) BUDGET TREATMENT.—If the Secretary of De2 fense determines under subsection (a) that an increase in 

3 the Army active duty end strength for a fiscal year is nec4 essary, then the budget for the Department of Defense 

5 for that fiscal year as submitted to the President shall 

6 include the amounts necessary for funding that active duty 

7 end strength in excess of the fiscal year 2010 active duty 

8 end strength authorized for the Army under section 

9 401(1). 

10 Subtitle B—Reserve Forces 

11 SEC. 411. END STRENGTHS FOR SELECTED RESERVE. 

12 (a) IN GENERAL.—The Armed Forces are authorized 

13 strengths for Selected Reserve personnel of the reserve 

14 components as of September 30, 2010, as follows: 

15 (1) The Army National Guard of the United 

16 States, 358,200. 

17 (2) The Army Reserve, 205,000. 

18 (3) The Navy Reserve, 65,500. 

19 (4) The Marine Corps Reserve, 39,600. 

20 (5) The Air National Guard of the United 

21 States, 106,700. 

22 (6) The Air Force Reserve, 69,500. 

23 (7) The Coast Guard Reserve, 10,000. 

24 (b) END STRENGTH REDUCTIONS.—The end 

25 strengths prescribed by subsection (a) for the Selected Re-
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1 serve of any reserve component shall be proportionately 

2 reduced by— 

3 (1) the total authorized strength of units orga4 nized to serve as units of the Selected Reserve of 

5 such component which are on active duty (other 

6 than for training) at the end of the fiscal year; and 

7 (2) the total number of individual members not 

8 in units organized to serve as units of the Selected 

9 Reserve of such component who are on active duty 

10 (other than for training or for unsatisfactory partici11 pation in training) without their consent at the end 

12 of the fiscal year. 

13 (c) END STRENGTH INCREASES.—Whenever units or 

14 individual members of the Selected Reserve of any reserve 

15 component are released from active duty during any fiscal 

16 year, the end strength prescribed for such fiscal year for 

17 the Selected Reserve of such reserve component shall be 

18 increased proportionately by the total authorized strengths 

19 of such units and by the total number of such individual 

20 members. 

21 SEC. 412. END STRENGTHS FOR RESERVES ON ACTIVE 

22 DUTY IN SUPPORT OF THE RESERVES. 

23 Within the end strengths prescribed in section 

24 411(a), the reserve components of the Armed Forces are 

25 authorized, as of September 30, 2010, the following num-
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1 ber of Reserves to be serving on full-time active duty or 

2 full-time duty, in the case of members of the National 

3 Guard, for the purpose of organizing, administering, re4 cruiting, instructing, or training the reserve components: 

5 (1) The Army National Guard of the United 

6 States, 32,060. 

7 (2) The Army Reserve, 16,261. 

8 (3) The Navy Reserve, 10,818. 

9 (4) The Marine Corps Reserve, 2,261. 

10 (5) The Air National Guard of the United 

11 States, 14,555. 

12 (6) The Air Force Reserve, 2,896. 

13 SEC. 413. END STRENGTHS FOR MILITARY TECHNICIANS 

14 (DUAL STATUS). 

15 The minimum number of military technicians (dual 

16 status) as of the last day of fiscal year 2010 for the re17 serve components of the Army and the Air Force (notwith18 standing section 129 of title 10, United States Code) shall 

19 be the following: 

20 (1) For the Army Reserve, 8,395. 

21 (2) For the Army National Guard of the United 

22 States, 27,210. 

23 (3) For the Air Force Reserve, 10,417. 

24 (4) For the Air National Guard of the United 

25 States, 22,313. 
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1 SEC. 414. FISCAL YEAR 2010 LIMITATION ON NUMBER OF 

2 NON-DUAL STATUS TECHNICIANS. 

3 (a) LIMITATIONS.— 

4 (1) NATIONAL GUARD.—Within the limitation 

5 provided in section 10217(c)(2) of title 10, United 

6 States Code, the number of non-dual status techni7 cians employed by the National Guard as of Sep8 tember 30, 2010, may not exceed the following: 

9 (A) For the Army National Guard of the 

10 United States, 2,191. 

11 (B) For the Air National Guard of the 

12 United States, 350. 

13 (2) ARMY RESERVE.—The number of non-dual 

14 status technicians employed by the Army Reserve as 

15 of September 30, 2010, may not exceed 595. 

16 (3) AIR FORCE RESERVE.—The number of non17 dual status technicians employed by the Air Force 

18 Reserve as of September 30, 2010, may not exceed 

19 90. 

20 (b) NON-DUAL STATUS TECHNICIANS DEFINED.—In 

21 this section, the term ‘‘non-dual status technician’’ has the 

22 meaning given that term in section 10217(a) of title 10, 

23 United States Code. 

24 (c) CONFORMING AMENDMENT TO STATUTORY LIMI25 TATION.—Section 10217(c)(2) of title 10, United States 
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1 Code, is amended by striking ‘‘1,950’’ and inserting 

2 ‘‘2,541’’. 

3 SEC. 415. MAXIMUM NUMBER OF RESERVE PERSONNEL AU4 THORIZED TO BE ON ACTIVE DUTY FOR 

5 OPERATIONAL SUPPORT. 

6 During fiscal year 2010, the maximum number of 

7 members of the reserve components of the Armed Forces 

8 who may be serving at any time on full-time operational 

9 support duty under section 115(b) of title 10, United 

10 States Code, is the following: 

11 (1) The Army National Guard of the United 

12 States, 17,000. 

13 (2) The Army Reserve, 13,000. 

14 (3) The Navy Reserve, 6,200. 

15 (4) The Marine Corps Reserve, 3,000. 

16 (5) The Air National Guard of the United 

17 States, 16,000. 

18 (6) The Air Force Reserve, 14,000. 

19 SEC. 416. SUBMISSION OF OPTIONS FOR CREATION OF 

20 TRAINEES, TRANSIENTS, HOLDEES, AND STU21 DENTS ACCOUNT FOR ARMY NATIONAL 

22 GUARD. 

23 (a) REPORT REQUIRED.—Not later than February 1, 

24 2010, the Secretary of the Army shall submit to the con25 gressional defense committees a report evaluating options, 
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1 and including a recommendation, for the creation of a 

2 Trainees, Transients, Holdees, and Students Account 

3 within the Army National Guard. 

4 (b) ELEMENTS OF REPORT.—At a minimum, the re5 port shall address— 

6 (1) the timelines, cost, force structure changes, 

7 and end strength changes associated with each op8 tion; 

9 (2) the force structure and end strength 

10 changes and growth of the Army National Guard 

11 needed to support such an account; 

12 (3) how creation of such an account may affect 

13 plans under the Grow the Force initiative; and 

14 (4) the impact of such an account on readiness 

15 and training ratings for Army National Guard 

16 forces. 

17 (c) SENSE OF CONGRESS REGARDING ARMY NA18 TIONAL GUARD END STRENGTH.— 

19 (1) FINDINGS.—Congress finds the following: 

20 (A) The President’s budget for fiscal year 

21 2010 included a 2.82 percent increase in end 

22 strength for the Army, but only a 1.59 percent 

23 end strength increase for the Army National 

24 Guard. 
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1 (B) The disproportionate growth in the 

2 end strengths of the reserve components is in3 consistent with the emphasis placed by the De4 partment of Defense on responding to asym5 metric threats at home and abroad. 

6 (2) SENSE OF CONGRESS.—In light of such 

7 findings, Congress is concerned about unit readiness 

8 and the effect of pre-deployment cross-leveling on 

9 the Army National Guard and it is the sense of Con10 gress that an increase in Army National Guard end 

11 strength should be considered in the deliberations of 

12 the next quadrennial defense review conducted under 

13 section 118 of title 10, United States Code. 

14 Subtitle C—Authorization of 

15 Appropriations 

16 SEC. 421. MILITARY PERSONNEL. 

17 There is hereby authorized to be appropriated to the 

18 Department of Defense for military personnel for fiscal 

19 year 2010 a total of $135,723,781,000. The authorization 

20 in the preceding sentence supersedes any other authoriza21 tion of appropriations (definite or indefinite) for such pur22 pose for fiscal year 2010. 
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1 SEC. 422. REPEAL OF DELAYED ONE-TIME SHIFT OF MILI2 TARY RETIREMENT PAYMENTS. 

3 (a) REPEAL.—Section 1002 of the Duncan Hunter 

4 National Defense Authorization Act for Fiscal Year 2009 

5 (Public Law 110–417; 122 Stat. 4581) is repealed. 

6 (b) EFFECT ON EARLIER TRANSFER.—The repeal of 

7 section 1002 of the Duncan Hunter National Defense Au8 thorization Act for Fiscal Year 2009 by subsection (a) 

9 shall not affect the validity of the transfer of funds made 

10 pursuant to subsection (e) of such section before the date 

11 of the enactment of this Act. 

12 TITLE V—MILITARY PERSONNEL 

13 POLICY 

Subtitle A—Military Personnel Policy Generally 

Sec. 501. Extension of temporary increase in maximum number of days’ leave 

members may accumulate and carryover. 

Sec. 502. Rank requirement for officer serving as Chief of the Navy Dental 

Corps to correspond to Army and Air Force requirements. 

Sec. 503. Computation of retirement eligibility for enlisted members of the 

Navy who complete the Seaman to Admiral (STA–21) officer 

candidate program. 

Subtitle B—Joint Qualified Officers and Requirements 

Sec. 511. Revisions to annual reporting requirement on joint officer management. 

Subtitle C—General Service Authorities 

Sec. 521. Medical examination required before separation of members diagnosed with or asserting post-traumatic stress disorder or traumatic brain injury. 

Sec. 522. Evaluation of test of utility of test preparation guides and education 

programs in improving qualifications of recruits for the Armed 

Forces. 

Sec. 523. Inclusion of email address on Certificate of Release or Discharge 

from Active Duty (DD Form 214). 

Subtitle D—Education and Training 
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Sec. 531. Appointment of persons enrolled in Advanced Course of the Army Reserve Officers’ Training Corps at military junior colleges as cadets in Army Reserve or Army National Guard of the United 

States. 

Sec. 532. Increase in number of private sector civilians authorized for admission to National Defense University. 

Sec. 533. Appointments to military service academies from nominations made 

by Delegate from the Commonwealth of the Northern Mariana 

Islands. 

Sec. 534. Pilot program to establish and evaluate Language Training Centers 

for members of the Armed Forces and civilian employees of the 

Department of Defense. 

Sec. 535. Use of Armed Forces Health Professions Scholarship and Financial 

Assistance program to increase number of health professionals 

with skills to assist in providing mental health care. 

Sec. 536. Establishment of Junior Reserve Officer’s Training Corps units for 

students in grades above sixth grade. 

Subtitle E—Defense Dependents’ Education 

Sec. 551. Continuation of authority to assist local educational agencies that 

benefit dependents of members of the Armed Forces and Department of Defense civilian employees. 

Sec. 552. Determination of number of weighted student units for local educational agencies for receipt of basic support payments under 

impact aid. 

Sec. 553. Permanent authority for enrollment in defense dependents’ education 

system of dependents of foreign military members assigned to 

Supreme Headquarters Allied Powers, Europe. 

Subtitle F—Missing or Deceased Persons 

Sec. 561. Additional requirements for accounting for members of the Armed 

Forces and Department of Defense civilian employees listed as 

missing in conflicts occurring before enactment of new system 

for accounting for missing persons. 

Sec. 562. Clarification of guidelines regarding return of remains and media access at ceremonies for the dignified transfer of remains at 

Dover Air Force Base. 

Subtitle G—Decorations and Awards 

Sec. 571. Award of Vietnam Service Medal to veterans who participated in Mayaguez rescue operation. 

Sec. 572. Authorization and request for award of Medal of Honor to Anthony 

T. Koho’ohanohano for acts of valor during the Korean War. 

Sec. 573. Authorization and request for award of distinguished-service cross to 

Jack T. Stewart for acts of valor during the Vietnam War. 

Sec. 574. Authorization and request for award of distinguished-service cross to 

William T. Miles, Jr., for acts of valor during the Korean War. 

Subtitle H—Military Families 

Sec. 581. Pilot program to secure internships for military spouses with Federal 

agencies. 

Sec. 582. Report on progress made in implementing recommendations to reduce 

domestic violence in military families. 
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Sec. 583. Modification of Servicemembers Civil Relief Act regarding termination or suspension of service contracts and effect of violation 

of interest rate limitation. 

Sec. 584. Protection of child custody arrangements for parents who are members of the armed forces deployed in support of a contingency 

operation. 

Sec. 585. Definitions in Family and Medical Leave Act of 1993 related to active duty, servicemembers, and related matters. 

Subtitle I—Other Matters 

Sec. 591. Navy grants to Naval Sea Cadet Corps. 

Sec. 592. Improved response and investigation of allegations of sexual assault 

involving members of the Armed Forces. 

Sec. 593. Modification of matching fund requirements under National Guard 

Youth Challenge Program. 

1 Subtitle A—Military Personnel 

2 Policy Generally 

3 SEC. 501. EXTENSION OF TEMPORARY INCREASE IN MAX4 IMUM NUMBER OF DAYS’ LEAVE MEMBERS 

5 MAY ACCUMULATE AND CARRYOVER. 

6 Section 701(d) of title 10, United States Code, is 

7 amended by striking ‘‘December 31, 2010’’ and inserting 

8 ‘‘December 31, 2012’’. 

9 SEC. 502. RANK REQUIREMENT FOR OFFICER SERVING AS 

10 CHIEF OF THE NAVY DENTAL CORPS TO COR11 RESPOND TO ARMY AND AIR FORCE RE12 QUIREMENTS. 

13 Section 5138(a) of title 10, United States Code, is 

14 amended— 

15 (1) by striking ‘‘not below the grade of rear ad16 miral (lower half) shall be detailed’’ and inserting 

17 ‘‘shall be appointed’’; and 
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1 (2) by adding at the end the following new sen2 tence: ‘‘An appointee who holds a lower regular 

3 grade shall be appointed as Chief of the Dental 

4 Corps in the regular grade of rear admiral.’’. 

5 SEC. 503. COMPUTATION OF RETIREMENT ELIGIBILITY FOR 

6 ENLISTED MEMBERS OF THE NAVY WHO 

7 COMPLETE THE SEAMAN TO ADMIRAL (STA– 

8 21) OFFICER CANDIDATE PROGRAM. 

9 Section 6328 of title 10, United States Code, is 

10 amended by adding the following new subsection: 

11 ‘‘(c) TIME SPENT IN SEAMAN TO ADMIRAL PRO12 GRAM.—The months of active service after January 1, 

13 2011, in pursuit of a baccalaureate-level degree under the 

14 Seaman to Admiral (STA–21) program of the Navy for 

15 officer candidates selected for the program after January 

16 11, 2010, shall be excluded in computing the years of serv17 ice of an officer who was appointed to the grade of ensign 

18 in the Navy upon completion of the program to determine 

19 the eligibility of the officer for voluntary retirement. Such 

20 active service shall be counted in computing the years of 

21 active service of the officer for all other purposes.’’. 
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1 Subtitle B—Joint Qualified Officers 

2 and Requirements 

3 SEC. 511. REVISIONS TO ANNUAL REPORTING REQUIRE4 MENT ON JOINT OFFICER MANAGEMENT. 

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

6 amended— 

7 (1) in paragraph (1)— 

8 (A) in subparagraph (A), by striking ‘‘and 

9 their education and experience’’; and 

10 (B) by adding at the end the following new 

11 subparagraph: 

12 ‘‘(C) A comparison of the number of officers 

13 who were designated as a joint qualified officer who 

14 had served in a Joint Duty Assignment List billet 

15 and completed Joint Professional Military Education 

16 Phase II, with the number designated as a joint 

17 qualified officer based on their aggregated joint ex18 periences and completion of Joint Professional Mili19 tary Education Phase II.’’. 

20 (2) by striking paragraphs (3), (4), (6), and 

21 (12); 

22 (3) by redesignating paragraph (5) as para23 graph (3); 

24 (4) by redesignating paragraphs (7) through 

25 (11) as paragraphs (4) through (8), respectively; 
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1 (5) by inserting after paragraph (8), as so re2 designated, the following new paragraph: 

3 ‘‘(9) With regard to the principal courses of in4 struction for Joint Professional Military Education 

5 Level II, the number of officers graduating from 

6 each of the following: 

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

8 ‘‘(B) The National Defense University. 

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

10 (6) by redesignating paragraph (13) as para11 graph (10). 

12 Subtitle C—General Service 

13 Authorities 

14 SEC. 521. MEDICAL EXAMINATION REQUIRED BEFORE SEP15 ARATION OF MEMBERS DIAGNOSED WITH OR 

16 ASSERTING POST-TRAUMATIC STRESS DIS17 ORDER OR TRAUMATIC BRAIN INJURY. 

18 (a) MEDICAL EXAMINATION REQUIRED.— 

19 (1) IN GENERAL.—Chapter 59 of title 10, 

20 United States Code, is amended by inserting after 

21 section 1176 the following new section: 
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1 ‘‘§ 1177. Members diagnosed with or asserting post2 traumatic stress disorder or traumatic 

3 brain injury: medical examination re4 quired before separation 

5 ‘‘(a) MEDICAL EXAMINATION REQUIRED.—(1) If a 

6 member of the armed forces who has been deployed over7 seas in support of a contingency operation is diagnosed 

8 by a physician, clinical psychologist, or psychiatrist as ex9 periencing post-traumatic stress disorder or traumatic 

10 brain injury or otherwise asserts the influence of such a 

11 condition, the Secretary concerned may not authorize the 

12 involuntarily separation of the member or separation of 

13 the member under conditions other than honorable until 

14 after the member receives a medical examination to evalu15 ate a diagnosis of post-traumatic stress disorder or trau16 matic brain injury. 

17 ‘‘(2) In a case involving post-traumatic stress dis18 order, the medical examination shall be performed by a 

19 clinical psychologist or psychiatrist. In other cases, the ex20 amination may be performed by a physician, clinical psy21 chologist, psychiatrist, or other health care professional, 

22 whoever is determined to be most appropriate. 

23 ‘‘(b) PURPOSE OF MEDICAL EXAMINATION.—The 

24 medical examination required by subsection (a) shall en25 deavor to assess the degree to which the behavior of the 

26 member, on which the initial recommendation for an invol-
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1 untarily separation or separation under conditions other 

2 than honorable is based, has been affected by post-trau3 matic stress disorder or traumatic brain injury. 

4 ‘‘(c) SECRETARIAL DISCRETION.—The Secretary 

5 concerned shall review the medical examination performed 

6 under subsection (a) with respect to a member, and the 

7 findings and conclusions of any physical evaluation board 

8 conducted with respect the member, to determine the ap9 propriate course of action with regard to the separation 

10 of the member.’’. 

11 (2) CLERICAL AMENDMENT.—The table of sec12 tions at the beginning of such chapter is amended 

13 by inserting after the item relating to section 1176 

14 the following new item: 

‘‘1177. Members diagnosed with or asserting post-traumatic stress disorder or 

traumatic brain injury: physical evaluation board review before 

separation.’’. 

15 (b) REVIEW OF PREVIOUS DISCHARGES AND DISMIS16 SALS.—Section 1553 of such title is amended by adding 

17 at the end the following new subsection: 

18 ‘‘(d)(1) In the case of a former member of the armed 

19 forces who, while a member, was deployed in support of 

20 a contingency operation and who, at any time after such 

21 deployment, was diagnosed by a physician, clinical psy22 chologist, or psychiatrist as experiencing post-traumatic 

23 stress disorder or traumatic brain injury, a board estab24 lished under this section to review the former member’s 
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1 discharge or dismissal shall include a member who is a 

2 physician, clinical psychologist, or psychiatrist. 

3 ‘‘(2) In the case of a former member described in 

4 paragraph (1) or a former member whose case involves 

5 personal health care issues as supporting rationale or as 

6 justification for priority consideration, the Secretary con7 cerned shall render a final decision within 6 months of 

8 the receipt of an application to review a discharge or dis9 missal. The Secretary may delay a final decision beyond 

10 6 months if the Secretary determines that, due to adminis11 trative reasons or to serve the best interest of the former 

12 member, a final decision cannot be rendered within such 

13 6-month period. 

14 ‘‘(3) When authorized by a former member described 

15 in paragraph (1) or (2), a Member of Congress shall be 

16 advised of the decision of the board conducting the review 

17 of the former member’s discharge or dismissal and the ra18 tionale used to support the decision.’’. 

19 SEC. 522. EVALUATION OF TEST OF UTILITY OF TEST PREP20 ARATION GUIDES AND EDUCATION PRO21 GRAMS IN IMPROVING QUALIFICATIONS OF 

22 RECRUITS FOR THE ARMED FORCES. 

23 Section 546(d) of the John Warner National Defense 

24 Authorization Act for Fiscal Year 2007 (Public Law 109– 

25 364; 120 Stat. 2215) is amended— 
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1 (1) in the second sentence, by striking ‘‘in 

2 training and unit settings’’ and inserting ‘‘during 

3 training and unit assignments’’; and 

4 (2) by adding at the end the following new sen5 tence: ‘‘Data to make the comparison between the 

6 two groups shall be derived from existing sources, 

7 which may include performance ratings, separations, 

8 promotions, awards and decorations, and reenlist9 ment statistics.’’. 

10 SEC. 523. INCLUSION OF EMAIL ADDRESS ON CERTIFICATE 

11 OF RELEASE OR DISCHARGE FROM ACTIVE 

12 DUTY (DD FORM 214). 

13 Section 596 of the National Defense Authorization 

14 Act for Fiscal Year 2008 (Public Law 110–181; 10 U.S.C. 

15 1168 note) is amended— 

16 (1) by inserting ‘‘(a) ELECTION TO FORWARD

17 CERTIFICATE TO VA OFFICES.—’’ before ‘‘The Sec18 retary of Defense’’; and 

19 (2) by adding at the end the following new sub20 section: 

21 ‘‘(b) INCLUSION OF EMAIL ADDRESS.—The Sec22 retary of Defense shall further modify the DD Form 214 

23 in order to permit a member of the Armed Forces to in24 clude an email address on the form.’’. 
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1 SEC. 524. PROHIBITION ON RECRUITMENT, ENLISTMENT, 

2 OR RETENTION OF PERSONS ASSOCIATED OR 

3 AFFILIATED WITH GROUPS ASSOCIATED 

4 WITH HATE-RELATED VIOLENCE AGAINST 

5 GROUPS OR PERSONS OR THE UNITED 

6 STATES GOVERNMENT. 

7 Section 504 of title 10, United States Code, is 

8 amended by adding at the end the following new sub9 section: 

10 ‘‘(c) PERSONS ASSOCIATED OR AFFILIATED WITH

11 HATE GROUPS.— 

12 ‘‘(1) PROHIBITION.—A person associated or af13 filiated with a group associated with hate-related vi14 olence against groups or persons or the United 

15 States Government, as determined by the Attorney 

16 General, may not be recruited, enlisted, or retained 

17 in the armed forces. 

18 ‘‘(2) DEFINITION OF HATE GROUP.—In this 

19 subsection, the terms ‘group associated with hate-re20 lated violence’ or ‘hate group’ mean the following: 

21 ‘‘(A) Groups or organizations that espouse 

22 or engage in acts of violence against other 

23 groups or minorities based on ideals of hate, 

24 ethnic supremacies, white supremacies, racism, 

25 anti-Semitism, xenophobia, or other bigotry 

26 ideologies. 
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1 ‘‘(B) Groups or organizations engaged in 

2 criminal gang activity including drug and weap3 ons trafficking and smuggling. 

4 ‘‘(C) Groups or organizations that espouse 

5 an intention or expectation of armed revolu6 tionary activity against the United States Gov7 ernment, or the violent overthrow of the United 

8 States Government. 

9 ‘‘(D) Groups or organizations that espouse 

10 an intention or expectation of armed activity in 

11 a ‘race war’. 

12 ‘‘(E) Groups or organizations that encour13 age members to join the armed forces in order 

14 to obtain military training to be used for acts 

15 of violence against minorities, other groups, or 

16 the United States Government. 

17 ‘‘(F) Groups or organizations that espouse 

18 violence based on race, creed, religion, ethnicity, 

19 or sexual orientation. 

20 ‘‘(G) Other groups or organizations that 

21 are determined by the Attorney General to be 

22 of a violent, extremist nature. 

23 ‘‘(3) EVIDENCE OF ASSOCIATION OR AFFILI24 ATION WITH HATE GROUP.—The following shall con25 stitute evidence that a person is associated or affili-
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1 ated with a group associated with hate-related vio2 lence: 

3 ‘‘(A) Individuals possessing tattoos or 

4 other body markings indicating association or 

5 affiliation with a hate group. 

6 ‘‘(B) Individuals known to have attended 

7 meetings, rallies, conferences, or other activities 

8 sponsored by a hate group. 

9 ‘‘(C) Individuals known to be involved in 

10 online activities with a hate group, including 

11 being engaged in online discussion groups or 

12 blog or other postings that support, encourage, 

13 or affirm the group’s extremist or violent views 

14 and goals. 

15 ‘‘(D) Individuals who are known to have in 

16 their possession photographs, written 

17 testimonials (including diaries or journals), 

18 propaganda, or other materials indicating in19 volvement or affiliation with a hate group. Such 

20 materials can include photographs, written ma21 terials relating to or referring to extreme hatred 

22 that are clearly not of an academic nature, pos23 session of objects that venerate or glorify hate24 inspired violence, and related materials, as de25 termined by the Attorney General. 
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1 ‘‘(E) Individuals espousing the intent to 

2 acquire military training for the purpose of 

3 using such training towards committing acts of 

4 violence of a purpose not affiliated with the 

5 armed forces. 

6 ‘‘(4) REQUIREMENTS FOR RECRUITERS AND

7 ENLISTMENT PROCESSING STATIONS.—A military re8 cruiters may not enlist, or assist in enlisting, a per9 son who is associated or affiliated with a group asso10 ciated with hate-related violence, as evidenced pursu11 ant to paragraph (3). A person at any military en12 listment processing station who, during the screen13 ing process, is found to be affiliated or associated 

14 with a hate group (including through admitting to 

15 any such affiliation or association on any form or 

16 document) is automatically prohibited from enlisting. 

17 ‘‘(5) SEPARATION.— 

18 ‘‘(A) SEPARATION REQUIRED.—A person 

19 discovered or determined to be associated or af20 filiated with a group associated with hate-re21 lated violence, as evidenced pursuant to para22 graph (3), shall be immediately discharged from 

23 the armed forces, in the manner prescribed in 

24 regulations regarding discharge from service. 
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1 ‘‘(B) EXCEPTION.—Subparagraph (A) 

2 shall not apply to a member of the armed forces 

3 who has renounced the member’s previous affili4 ation or association with a group associated 

5 with hate-related violence, as determined by the 

6 commanding officer of the member. 

7 ‘‘(6) REPORTING REQUIREMENT.—Not later 

8 than April 1, 2010, and annually thereafter, the 

9 Secretary concerned shall submit to the Committees 

10 on Armed Service of the Senate and House of Rep11 resentatives a report— 

12 ‘‘(A) on the presence in the armed forces 

13 of members who are associated or affiliated 

14 with a group associated with hate-related vio15 lence and describing the actions of the Sec16 retary to discharge such members; and 

17 ‘‘(B) describing the actions of the Sec18 retary to prevent persons who are associated or 

19 affiliated with a hate group from enlisting.’’. 

20 SEC. 525. SECURE ELECTRONIC DELIVERY OF CERTIFICATE 

21 OF RELEASE OR DISCHARGE FROM ACTIVE 

22 DUTY (DD FORM 214). 

23 Section 596 of the National Defense Authorization 

24 Act for Fiscal Year 2008 (Public Law 110–181; 10 U.S.C. 
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1 1168 note), as amended by section 523, is further amend2 ed by adding at the end the following new subsection: 

3 ‘‘(c) SECURE METHOD OF ELECTRONIC DELIV4 ERY.— 

5 ‘‘(1) DEVELOPMENT AND IMPLEMENTATION.— 

6 The Secretary of Veterans Affairs, in consultation 

7 with the Secretary of Defense, shall develop and im8 plement a secure electronic method of forwarding 

9 the DD Form 214 to the appropriate office specified 

10 in subsection (a)(2). The Secretary of Veterans Af11 fairs shall ensure that the method permits such of12 fices to access the forms electronically using current 

13 computer operating systems. 

14 ‘‘(2) AUTHORITY TO CEASE DELIVERY.—In de15 veloping the secure electronic method of forwarding 

16 DD Forms 214, the Secretary of Veterans Affairs 

17 shall ensure that the information provided is not dis18 closed or used for unauthorized purposes and may 

19 cease forwarding the forms electronically to an office 

20 specified in subsection (a)(2) if demonstrated prob21 lems arise.’’. 
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1 Subtitle D—Education and 

2 Training 

3 SEC. 531. APPOINTMENT OF PERSONS ENROLLED IN AD4 VANCED COURSE OF THE ARMY RESERVE OF5 FICERS’ TRAINING CORPS AT MILITARY JUN6 IOR COLLEGES AS CADETS IN ARMY RESERVE 

7 OR ARMY NATIONAL GUARD OF THE UNITED 

8 STATES. 

9 Section 2107a(h) of title 10, United States Code, is 

10 amended— 

11 (1) by striking ‘‘17 cadets’’ and inserting ‘‘22 

12 cadets’’; 

13 (2) by striking ‘‘17 members’’ and inserting 

14 ‘‘22 members’’; and 

15 (3) by striking ‘‘17 such members’’ and insert16 ing ‘‘22 such members’’. 

17 SEC. 532. INCREASE IN NUMBER OF PRIVATE SECTOR CI18 VILIANS AUTHORIZED FOR ADMISSION TO 

19 NATIONAL DEFENSE UNIVERSITY. 

20 Section 2167(a) of title 10, United States Code, is 

21 amended by striking ‘‘10 full-time student positions’’ and 

22 inserting ‘‘20 full-time student positions’’. 
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1 SEC. 533. APPOINTMENTS TO MILITARY SERVICE ACAD2 EMIES FROM NOMINATIONS MADE BY DELE3 GATE FROM THE COMMONWEALTH OF THE 

4 NORTHERN MARIANA ISLANDS. 

5 (a) UNITED STATES MILITARY ACADEMY.—Section 

6 4342(a)(10) of title 10, United States Code, is amended 

7 by striking ‘‘One cadet’’ and inserting ‘‘Two cadets’’. 

8 (b) UNITED STATES NAVAL ACADEMY.—Section 

9 6954(a)(10) of such title is amended by striking ‘‘One’’ 

10 and inserting ‘‘Two’’. 

11 (c) UNITED STATES AIR FORCE ACADEMY.—Section 

12 9342(a)(10) of such title is amended by striking ‘‘One 

13 cadet’’ and inserting ‘‘Two cadets’’. 

14 (d) EFFECTIVE DATE.—The amendments made by 

15 this section shall apply with respect to appointments to 

16 the United States Military Academy, the United States 

17 Naval Academy, and the United States Air Force Acad18 emy beginning with the first class of candidates nominated 

19 for appointment to these military service academies after 

20 the date of the enactment of this Act. 
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1 SEC. 534. PILOT PROGRAM TO ESTABLISH AND EVALUATE 

2 LANGUAGE TRAINING CENTERS FOR MEM3 BERS OF THE ARMED FORCES AND CIVILIAN 

4 EMPLOYEES OF THE DEPARTMENT OF DE5 FENSE. 

6 (a) PILOT PROGRAM REQUIRED.—The Secretary of 

7 Defense shall carry out a pilot program to establish at 

8 least three Language Training Centers at accredited uni9 versities, senior military colleges, or other similar institu10 tions of higher education to create the foundational critical 

11 and strategic language and regional area expertise, as de12 fined by the Secretary of Defense, for members of the 

13 Armed Forces, including reserve component members and 

14 Reserve Officers’ Training Corps candidates, and civilian 

15 employees of the Department of Defense. 

16 (b) DURATION.— 

17 (1) TERMINATION DATE.—The Language 

18 Training Centers under the pilot program shall be 

19 established not later than October 1, 2010, and the 

20 authority to support the Language Training Centers 

21 under the pilot program shall terminate on Sep22 tember 30, 2015. 

23 (2) EFFECT ON PARTICIPANTS.—Students par24 ticipating in the pilot program before the termi25 nation date specified in paragraph (1) may be al-
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1 lowed to complete their studies under the program 

2 after that date. 

3 (c) PILOT PROGRAM REQUIREMENTS.—At a min4 imum, the Language Training Centers shall— 

5 (1) develop a program to graduate members of 

6 the Armed Forces and civilian employees of the De7 partment who are skilled in critical and strategic 

8 languages from beginning through advanced skill 

9 levels; 

10 (2) develop language proficiency training pro11 grams in designated critical and strategic languages 

12 tailored to meet operational readiness requirements; 

13 (3) develop alternative training delivery systems 

14 and modalities to meet language and regional area 

15 requirements, prior to deployment, during deploy16 ment, and post-deployment; 

17 (4) develop critical and strategic language pro18 grams that can be incorporated into Reserve Offi19 cers’ Training Corps units to develop language skills 

20 among future military officers; 

21 (5) develop training and education programs 

22 that would expand the pool of qualified instructors 

23 and educators for the Armed Forces; and 

24 (6) develop a program to encourage native and 

25 heritage speakers of critical and strategic languages 
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1 for recruitment into the Department of Defense or 

2 support the Civilian Linguist Reserve Corps. 

3 (d) PROGRAM EXPANSION.—The Language Training 

4 Centers may partner with elementary and secondary edu5 cational institutions to help develop critical and strategic 

6 language skills in students who may pursue a military ca7 reer. 

8 (e) PROGRAM COORDINATION.—The Secretary of De9 fense shall ensure that the Language Training Centers 

10 build upon and take advantage of the experience and lead11 ership of the National Security Education Program and 

12 the Defense Language Institute. 

13 (f) EVALUATION.—The Secretary of Defense shall 

14 evaluate each Language Training Center in order to as15 sess the cost and the effectiveness of the pilot program, 

16 including the following: 

17 (1) The success of the Language Training Cen18 ter in providing critical and strategic language capa19 bilities to members and Department of Defense em20 ployees. 

21 (2) The ability of the Language Training Cen22 ter to create foundational critical and strategic lan23 guage and regional area expertise in support of the 

24 Defense Language Transformation Roadmap; 
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1 (g) REPORT TO CONGRESS.—Not later than Decem2 ber 31, 2015, the Secretary of Defense shall submit to 

3 the congressional defense committees a report on the pilot 

4 program. The report shall include the following: 

5 (1) A description of each Language Training 

6 Center. 

7 (2) An assessment of the effectiveness and the 

8 cost of the pilot program taken to create the 

9 foundational critical and strategic language and re10 gional area expertise in support of the Defense Lan11 guage Transformation Roadmap. 

12 (3) The success of each Language Training 

13 Center to provide critical and strategic language ca14 pabilities to members and Department of Defense 

15 employees. 

16 (4) Recommendations as to whether the pilot 

17 programs should be continued, and any modifica18 tions that may be necessary to continue the pro19 gram. 
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1 SEC. 535. USE OF ARMED FORCES HEALTH PROFESSIONS 

2 SCHOLARSHIP AND FINANCIAL ASSISTANCE 

3 PROGRAM TO INCREASE NUMBER OF 

4 HEALTH PROFESSIONALS WITH SKILLS TO 

5 ASSIST IN PROVIDING MENTAL HEALTH 

6 CARE. 

7 (a) ADDITIONAL ELEMENT WITHIN SCHOLARSHIP

8 PROGRAM.—Section 2121(a) of title 10, United States 

9 Code, is amended— 

10 (1) by inserting ‘‘(1)’’ after ‘‘(a)’’; 

11 (2) by striking ‘‘in the various health profes12 sions’’ and inserting ‘‘(A) in the various health pro13 fessions or (B) as a health professional with specific 

14 skills to assist in providing mental health care to 

15 members of the armed forces’’; and 

16 (3) by adding at the end the following new 

17 paragraph: 

18 ‘‘(2) Under the program of a military department, 

19 the Secretary of that military department shall allocate 

20 a portion of the total number of scholarships to members 

21 of the program described in paragraph (1)(B) for the pur22 pose of assisting such members to pursue a degree at the 

23 masters and doctoral level in any of the following dis24 ciplines: 

25 ‘‘(A) Social work. 

26 ‘‘(B) Clinical psychology. 
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1 ‘‘(C) Psychiatry. 

2 ‘‘(D) Other disciplines that contribute to mental 

3 health care programs in that military department.’’. 

4 (b) AUTHORIZED NUMBER OF MEMBERS OF THE

5 PROGRAM.—Section 2124 of such title is amended— 

6 (1) by striking ‘‘The number’’ and inserting 

7 ‘‘(a) AUTHORIZED NUMBER OF MEMBERS OF THE

8 PROGRAM.—The number’’; 

9 (2) by striking ‘‘6,000’’ and inserting ‘‘6,300’’; 

10 and 

11 (3) by adding at the end the following new sub12 section: 

13 ‘‘(b) MENTAL HEALTH PROFESSIONALS.—Of the 

14 number of persons designated as members of the program 

15 at any time, 300 may be members of the program de16 scribed in section 2121(a)(1)(B) of this title.’’. 

17 (c) FUNDING SOURCE.—Of the amounts authorized 

18 to be appropriated to the Department of Defense for mili19 tary personnel accounts for fiscal year 2010, not more 

20 than $20,000,000 shall be available to cover the additional 

21 costs incurred to implement the amendments made by this 

22 section. 
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1 SEC. 536. ESTABLISHMENT OF JUNIOR RESERVE OFFICER’S 

2 TRAINING CORPS UNITS FOR STUDENTS IN 

3 GRADES ABOVE SIXTH GRADE. 

4 Section 2031 of title 10, United States Code, is 

5 amended by adding at the end the following new sub6 section: 

7 ‘‘(g)(1) In addition to units of the Junior Reserve Of8 ficers’ Training Corps established at public and private 

9 secondary educational institutions under subsection (a), 

10 the Secretary of each military department may carry out 

11 a pilot program to establish and support units at public 

12 and private educational institutions that are not secondary 

13 educational institutions to permit the enrollment of stu14 dents in the Corps who, notwithstanding the limitation in 

15 subsection (b)(1), are in a grade above the sixth grade. 

16 ‘‘(2) A unit of the Junior Reserve Officers’ Training 

17 Corps established and supported under the pilot program 

18 must meet the requirements of this section, except— 

19 ‘‘(A) as provided in paragraph (1) with respect 

20 to the grades in which students are enrolled; and 

21 ‘‘(B) that the Secretary of the military depart22 ment concerned may authorize a course of military 

23 instruction of not less than two academic years’ du24 ration, notwithstanding subsection (b)(3). 

25 ‘‘(3) The Secretary of the military department con26 cerned shall conduct a review of the pilot program. The 
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1 review shall include an evaluation of what impacts, if any, 

2 the pilot program may have on the operation of the Junior 

3 Reserve Officers’ Training Corps in secondary educational 

4 institutions.’’. 

5 SEC. 537. AIR FORCE ACADEMY ATHLETIC ASSOCIATION. 

6 (a) IN GENERAL.—Chapter 903 of title 10, United 

7 States Code, is amended by inserting after section 9359 

8 the following new section: 

9 ‘‘§ 9359a. Air Force Academy Athletic Association: au10 thorization, purpose, and governance 

11 ‘‘(a) ESTABLISHMENT AUTHORIZED.—The Secretary 

12 of the Air Force may establish a nonprofit corporation, 

13 to be known as the ‘Air Force Academy Athletic Associa14 tion’, to support the athletic program of the Air Force 

15 Academy. 

16 ‘‘(b) ORGANIZATION AND DUTIES.—(1) The Air 

17 Force Academy Athletic Association (in this section re18 ferred to as the ‘Association’) shall be organized and oper19 ated as a nonprofit corporation under section 501(c)(3) 

20 of the Internal Revenue Code of 1986 and under the pow21 ers and authorities set forth in this section and the provi22 sions of the laws of the State of incorporation. The Asso23 ciation shall operate on a nonpartisan basis exclusively for 

24 charitable, educational, and civic purposes consistent with 
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1 the authorities referred to in this subsection to support 

2 the athletic program of the Academy. 

3 ‘‘(2) Subject to the approval of the Secretary of the 

4 Air Force, the Association may— 

5 ‘‘(A) operate and manage athletic and revenue 

6 generating facilities on Academy property; 

7 ‘‘(B) use Government facilities, utilities, and 

8 services on the Academy, without charge, in support 

9 of its mission; 

10 ‘‘(C) sell products to the general public on or 

11 off Government property; 

12 ‘‘(D) charge market-based fees for admission to 

13 Association events and other athletic or athletic-re14 lated events at the Academy and for use of Academy 

15 athletic facilities and property; and 

16 ‘‘(E) engage in other activities, consistent with 

17 the Academy athletic mission as determined by the 

18 Board of Directors. 

19 ‘‘(c) BOARD OF DIRECTORS.—(1) The Association 

20 shall be governed by a Board of Directors made up of at 

21 least nine members. The members, other than the member 

22 referred to in paragraph (2), shall serve without com23 pensation, except for reasonable travel and other related 

24 expenses for attendance at required meetings. 
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1 ‘‘(2) The Director of Athletics at the Academy shall 

2 be a standing member of the Board as part of the Direc3 tor’s duties as the Director of Athletics. 

4 ‘‘(3) Subject to the prior approval of all nominees for 

5 appointment by the Secretary of the Air Force, the Super6 intendent shall appoint the remaining members of the 

7 Board. 

8 ‘‘(4) The Secretary of the Air Force shall select one 

9 of the members of the Board appointed under paragraph 

10 (3) to serve as chairperson of the Board. 

11 ‘‘(d) BYLAWS.—Not later than July 1, 2010, the As12 sociation shall propose its by-laws. The Association shall 

13 submit the by-laws, and all future changes to the by-laws, 

14 to the Secretary of the Air Force for review and approval. 

15 The by-laws shall be made available to Congress for re16 view. 

17 ‘‘(e) TRANSITION FROM NONAPPROPRIATED FUND

18 OPERATION.—(1) Until September 30, 2011, the Sec19 retary of the Air Force may provide for parallel operations 

20 of the Association and the Air Force nonappropriated fund 

21 instrumentality whose functions include providing support 

22 for the athletic program of the Academy. Not later than 

23 that date, the Secretary shall dissolve the nonappropriated 

24 fund instrumentality and transfer its assets and liabilities 

25 to the Association. 
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1 ‘‘(2) The Secretary may transfer title and ownership 

2 to all the assets and liabilities of the nonappropriated fund 

3 instrumentality referred to in paragraph (1), including 

4 bank accounts and financial reserves in its accounts, 

5 equipment, supplies, and other personal property without 

6 cost or obligation to the Association. 

7 ‘‘(f) CONTRACTING AUTHORITIES.—(1) The Super8 intendent may procure, at fair and reasonable prices, such 

9 athletic goods, services, human resources, and other sup10 port from the Association as the Superintendent considers 

11 appropriate to support the athletic program of the Acad12 emy. The Association shall be exempt from the require13 ments of section 2533a of this title and the Buy American 

14 Act (41 U.S.C. 10a et seq.). 

15 ‘‘(2) The Superintendent may accept from the Asso16 ciation funds, goods, and services for use by cadets and 

17 Academy personnel during participation in, or in support 

18 of, Academy or Association contests, events, and pro19 grams. 

20 ‘‘(g) USE OF AIR FORCE PERSONNEL.—Air Force 

21 personnel may participate in— 

22 ‘‘(1) the management, operation, and oversight 

23 of the Association; 

24 ‘‘(2) events and athletic contests sponsored by 

25 the Association; and 
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1 ‘‘(3) management and sport committees for the 

2 National Collegiate Athletic Association and other 

3 athletic conferences and associations. 

4 ‘‘(h) FUNDING AUTHORITY.—The authorization of 

5 appropriations for the operation and maintenance of the 

6 Academy includes Association operations in support of the 

7 Academy athletic program, as approved by the Secretary 

8 of the Air Force.’’. 

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

10 at the beginning of such chapter is amended by inserting 

11 after the item relating to section 9359 the following new 

12 item: 

‘‘9359a. Air Force Academy Athletic Association: authorization, purpose, and 

governance.’’. 

13 Subtitle E—Defense Dependents’ 

14 Education 

15 SEC. 551. CONTINUATION OF AUTHORITY TO ASSIST LOCAL 

16 EDUCATIONAL AGENCIES THAT BENEFIT DE17 PENDENTS OF MEMBERS OF THE ARMED 

18 FORCES AND DEPARTMENT OF DEFENSE CI19 VILIAN EMPLOYEES. 

20 (a) ASSISTANCE TO SCHOOLS WITH SIGNIFICANT

21 NUMBERS OF MILITARY DEPENDENT STUDENTS.—Of the 

22 amount authorized to be appropriated for fiscal year 2010 

23 pursuant to section 301(5) for operation and maintenance 

24 for Defense-wide activities, $50,000,000 shall be available 
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1 only for the purpose of providing assistance to local edu2 cational agencies under subsection (a) of section 572 of 

3 the National Defense Authorization Act for Fiscal Year 

4 2006 (Public Law 109–163; 119 Stat. 3271; 20 U.S.C. 

5 7703b). 

6 (b) ASSISTANCE TO SCHOOLS WITH ENROLLMENT

7 CHANGES DUE TO BASE CLOSURES, FORCE STRUCTURE

8 CHANGES, OR FORCE RELOCATIONS.—Of the amount au9 thorized to be appropriated for fiscal year 2010 pursuant 

10 to section 301(5) for operation and maintenance for De11 fense-wide activities, $15,000,000 shall be available only 

12 for the purpose of providing assistance to local educational 

13 agencies under subsection (b) of such section 572. 

14 (c) LOCAL EDUCATIONAL AGENCY DEFINED.—In 

15 this section, the term ‘‘local educational agency’’ has the 

16 meaning given that term in section 8013(9) of the Ele17 mentary and Secondary Education Act of 1965 (20 U.S.C. 

18 7713(9)). 

19 SEC. 552. DETERMINATION OF NUMBER OF WEIGHTED STU20 DENT UNITS FOR LOCAL EDUCATIONAL 

21 AGENCIES FOR RECEIPT OF BASIC SUPPORT 

22 PAYMENTS UNDER IMPACT AID. 

23 Section 8003(a)(2)(C)(i) of the Elementary and Sec24 ondary Education Act of 1965 (20 U.S.C. 
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1 7703(a)(2)(C)(i)) is amended by striking ‘‘6,500’’ and in2 serting ‘‘5,000’’. 

3 SEC. 553. PERMANENT AUTHORITY FOR ENROLLMENT IN 

4 DEFENSE DEPENDENTS’ EDUCATION SYSTEM 

5 OF DEPENDENTS OF FOREIGN MILITARY 

6 MEMBERS ASSIGNED TO SUPREME HEAD7 QUARTERS ALLIED POWERS, EUROPE. 

8 (a) PERMANENT ENROLLMENT AUTHORITY.—Sub9 section (a)(2) of section 1404A of the Defense Depend10 ents’ Education Act of 1978 (20 U.S.C. 923a) is amended 

11 by striking ‘‘, and only through the 2010-2011 school 

12 year’’. 

13 (b) COMBATANT COMMANDER ADVICE AND ASSIST14 ANCE.—Subsection (c)(1) of such section is amended by 

15 adding at the end the following new sentence: ‘‘The Sec16 retary shall prescribe such methodology with the advice 

17 and assistance of the commander of the geographic com18 batant command with jurisdiction over Mons, Belgium.’’. 
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1 Subtitle F—Missing or Deceased 

2 Persons 

3 SEC. 561. ADDITIONAL REQUIREMENTS FOR ACCOUNTING 

4 FOR MEMBERS OF THE ARMED FORCES AND 

5 DEPARTMENT OF DEFENSE CIVILIAN EM6 PLOYEES LISTED AS MISSING IN CONFLICTS 

7 OCCURRING BEFORE ENACTMENT OF NEW 

8 SYSTEM FOR ACCOUNTING FOR MISSING 

9 PERSONS. 

10 (a) IMPOSITION OF ADDITIONAL REQUIREMENTS.— 

11 Section 1509 of title 10, United States Code, is amended 

12 to read as follows: 

13 ‘‘§ 1509. Program to resolve preenactment missing 

14 person cases 

15 ‘‘(a) PROGRAM REQUIRED; COVERED CONFLICTS.— 

16 The Secretary of Defense shall implement a comprehen17 sive, coordinated, integrated, and fully resourced program 

18 to account for persons described in subparagraph (A) or 

19 (B) of section 1513(1) of this title who are unaccounted 

20 for from the following conflicts: 

21 ‘‘(1) World War II during the period beginning 

22 on December 7, 1941, and ending on December 31, 

23 1946, including members of the Armed Forces who 

24 were lost during flight operations in the Pacific the25 ater of operations covered by section 576 of the Na-
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1 tional Defense Authorization Act for Fiscal Year 

2 2000 (Public Law 106–65; 113 Stat. 624; 10 U.S.C. 

3 1501 note). 

4 ‘‘(2) The Cold War during the period beginning 

5 on September 2, 1945, and ending on August 21, 

6 1991. 

7 ‘‘(3) The Korean War during the period begin8 ning on June 27, 1950, and ending on January 31, 

9 1955. 

10 ‘‘(4) The Indochina War era during the period 

11 beginning on July 8, 1959, and ending on May 15, 

12 1975. 

13 ‘‘(5) The Persian Gulf War during the period 

14 beginning on August 2, 1990, and ending on Feb15 ruary 28, 1991. 

16 ‘‘(6) Such other conflicts in which members of 

17 the armed forces served as the Secretary of Defense 

18 may designate. 

19 ‘‘(b) IMPLEMENTATION PROCESS.—(1) The Sec20 retary of Defense shall implement the program within the 

21 Department of Defense POW/MIA accounting community. 

22 ‘‘(2) For purposes of paragraph (1), the term ‘POW/ 

23 MIA accounting community’ means— 

24 ‘‘(A) The Defense Prisoner of War/Missing Per25 sonnel Office (DPMO). 
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1 ‘‘(B) The Joint POW/MIA Accounting Com2 mand (JPAC). 

3 ‘‘(C) The Armed Forces DNA Identification 

4 Laboratory (AFDIL). 

5 ‘‘(D) The Life Sciences Equipment Laboratory 

6 of the Air Force (LSEL). 

7 ‘‘(E) The casualty and mortuary affairs offices 

8 of the military departments. 

9 ‘‘(F) Any other element of the Department of 

10 Defense the mission of which (as designated by the 

11 Secretary of Defense) involves the accounting for 

12 and recovery of members of the armed forces who 

13 are missing in action or prisoners of war or who are 

14 unaccounted for, such as the Stony Beach Program. 

15 ‘‘(c) TREATMENT AS MISSING PERSONS.—Each un16 accounted for person covered by subsection (a) shall be 

17 considered to be a missing person for purposes of the ap18 plicability of other provisions of this chapter to the person. 

19 ‘‘(d) ESTABLISHMENT OF PERSONNEL FILES.—(1) 

20 The Secretary of Defense shall ensure that a personnel 

21 file is established and maintained for each person covered 

22 by subsection (a) if the Secretary— 

23 ‘‘(A) possesses any information relevant to the 

24 status of the person; or 
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1 ‘‘(B) receives any new information regarding 

2 the missing person as provided in subsection (d). 

3 ‘‘(2) The Secretary of Defense shall ensure that each 

4 file established under this subsection contains all relevant 

5 information pertaining to a person covered by subsection 

6 (a) and is readily accessible to all elements of the depart7 ment, the combatant commands, and the armed forces in8 volved in the effort to account for the person. 

9 ‘‘(3) Each file established under this subsection shall 

10 be handled in accordance with, and subject to the provi11 sions of, section 1506 of this title in the same manner 

12 as applies to the file of a missing person otherwise subject 

13 to such section. 

14 ‘‘(e) REVIEW OF STATUS REQUIREMENTS.—(1) If 

15 new information (as described in paragraph (3)) is found 

16 or received that may be related to one or more unac17 counted for persons covered by subsection (a), whether or 

18 not such information specifically relates (or may specifi19 cally relate) to any particular such unaccounted for per20 son, that information shall be provided to the Secretary 

21 of Defense. 

22 ‘‘(2) Upon receipt of new information under para23 graph (1), the Secretary shall ensure that— 

24 ‘‘(A) the information is treated under para25 graph (2) of subsection (c) of section 1505 of this 
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1 title, relating to addition of the information to the 

2 personnel file of a person and notification require3 ments, in the same manner as information received 

4 under paragraph (1) under such subsection; and 

5 ‘‘(B) the information is treated under para6 graph (3) of subsection (c) and subsection (d) of 

7 such section, relating to a board review under such 

8 section, in the same manner as information received 

9 under paragraph (1) of such subsection (c). 

10 ‘‘(3) For purposes of this subsection, new information 

11 is information that is credible and that— 

12 ‘‘(A) is found or received after November 18, 

13 1997, by a United States intelligence agency, by a 

14 Department of Defense agency, or by a person speci15 fied in section 1504(g) of this title; or 

16 ‘‘(B) is identified after November 18, 1997, in 

17 records of the United States as information that 

18 could be relevant to the case of one or more unac19 counted for persons covered by subsection (a). 

20 ‘‘(f) COORDINATION REQUIREMENTS.—(1) In estab21 lishing and carrying out the program, the Secretary of De22 fense shall coordinate with the Secretaries of the military 

23 departments, the Chairman of the Joint Chiefs of Staff, 

24 and the combatant commanders. 
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1 ‘‘(2) In carrying out the program, the Secretary of 

2 Defense shall establish close coordination with the Depart3 ment of State, the Central Intelligence Agency, and the 

4 National Security Council to enhance the ability of the De5 partment of Defense POW/MIA accounting community to 

6 account for persons covered by subsection (a).’’. 

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

8 at the beginning of chapter 76 of such title is amended 

9 by striking the item relating to section 1509 and inserting 

10 the following new section: 

‘‘1509. Program to resolve preenactment missing person cases.’’. 

11 (c) CONFORMING AMENDMENT.—Section 1513(1) of 

12 such title is amended in the matter after subparagraph 

13 (B) by striking ‘‘section 1509(b) of this title who is re14 quired by section 1509(a)(1) of this title’’ and inserting 

15 ‘‘subsection (a) of section 1509 of this title who is required 

16 by subsection (b) of such section’’. 

17 (d) IMPLEMENTATION.— 

18 (1) PRIORITY.—A priority of the program re19 quired by section 1509 of title 10, United States 

20 Code, as amended by subsection (a), to resolve miss21 ing person cases arising before the enactment of 

22 chapter 76 of such title by section 569 of the Na23 tional Defense Authorization Act for Fiscal Year 

24 1996 (Public Law 104–106; 110 Stat. 336) shall be 
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1 the return of missing persons to United States con2 trol alive. 

3 (2) ACCOUNTING FOR GOAL.—In implementing 

4 the program, the Secretary of Defense, in coordina5 tion with the officials specified in subsection (f)(1) 

6 of section 1509 of title 10, United States Code, shall 

7 take such measures as the Secretary considers ap8 propriate to increase significantly the capability and 

9 capacity of the Department of Defense, the Armed 

10 Forces, and combatant commanders to account for 

11 missing persons, as defined by section 1513(3)(B) of 

12 such title. Such measures shall include fully funding, 

13 manning, and resourcing the Department of De14 fense-wide effort to ensure that, at a minimum— 

15 (A) 200 missing persons are accounted for 

16 under the program annually beginning with fis17 cal year 2015; and 

18 (B) 350 missing persons are accounted for 

19 under the program annually beginning with fis20 cal year 2020. 
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1 SEC. 562. CLARIFICATION OF GUIDELINES REGARDING RE2 TURN OF REMAINS AND MEDIA ACCESS AT 

3 CEREMONIES FOR THE DIGNIFIED TRANSFER 

4 OF REMAINS AT DOVER AIR FORCE BASE. 

5 (a) PROMPT RETURN.—The remains of a deceased 

6 member of the Armed Forces shall be recovered from the 

7 theater of combat operations and returned to the United 

8 States via the Dover Port Mortuary without delay unless 

9 very specific extenuating circumstances presented by the 

10 person designated pursuant to section 1482(c) of title 10, 

11 United States Code, to direct disposition of the remains 

12 of the decedent (in this section referred to as the ‘‘primary 

13 next of kin’’) dictate otherwise and can reasonably be ac14 commodated by the Department. 

15 (b) MEDIA ACCESS.— 

16 (1) DECISION OF PRIMARY NEXT OF KIN.—The 

17 primary next of kin of a deceased member of the 

18 Armed Forces shall make the family decision regard19 ing media access at ceremonies for the dignified 

20 transfer of the remains of the decedent at Dover Air 

21 Force Base. The option to allow media access shall 

22 be briefed to the primary next of kin at the time of 

23 initial notification or as soon as practicable there24 after. Media access to dignified transfers shall only 

25 be permitted with the approval of the primary next 

26 of kin. Media contact, filming or recording of family 
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1 members shall be permitted only if specifically re2 quested by the primary next of kin. 

3 (2) RELATION TO CURRENT DOD CASUALTY IN4 FORMATION POLICY.—Media access approved by the 

5 primary next of kin shall waive the Department of 

6 Defense policy on 24-hour delay in release of cas7 ualty information to the media and general public 

8 for that specific case. 

9 (3) MEMBER PREFERENCE.—The Secretary of 

10 Defense shall develop a long-term plan to obtain the 

11 preference of members of the Armed Forces regard12 ing media access at ceremonies for the dignified 

13 transfer of the remains of the member if they ever 

14 become a casualty. 

15 (c) TRAVEL AND TRANSPORTATION ALLOWANCE.— 

16 The Secretary of a military department shall provide the 

17 primary next of kin and two additional family members 

18 of a deceased member of the Armed Forces with travel 

19 to, and from, Dover Air Force Base via Invitational Travel 

20 Authorizations to attend the dignified transfer ceremony. 

21 The Secretary may include additional family members on 

22 a case-by-case basis. At the discretion of the Secretary, 

23 and at the request of the primary next of kin, the service 

24 casualty assistance officer or family liaison officer may es-
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1 cort and accompany the primary next of kin to the dig2 nified transfer ceremony. 

3 (d) EFFECTIVE DATE.—This section shall take effect 

4 1 year after the date of the enactment of this Act. 

5 SEC. 563. REPORT ON EXPANSION OF AUTHORITY OF A 

6 MEMBER TO DESIGNATE PERSONS TO DI7 RECT DISPOSITION OF THE REMAINS OF A 

8 DECEASED MEMBER. 

9 Not later than 180 days after the date of the enact10 ment of this Act, the Secretary of Defense shall submit 

11 to Congress a report evaluating the potential effects of ex12 panding the list of persons under section 1482(c) of title 

13 10, United States Code, who may be designated by a mem14 ber of the Armed Forces as the person authorized to direct 

15 disposition of the remains of the member if the member 

16 is deceased. 

17 SEC. 564. SENSE OF CONGRESS REGARDING THE RECOV18 ERY OF THE REMAINS OF MEMBERS OF THE 

19 ARMED FORCES WHO WERE KILLED DURING 

20 WORLD WAR II IN THE BATTLE OF TARAWA 

21 ATOLL. 

22 (a) FINDINGS.—Congress makes the following find23 ings: 

24 (1) On November 20, 1943, units of the United 

25 States Marine Corps, supported by units of the 
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1 United States Army and warships and aircraft of 

2 the United States Navy, conducted an amphibious 

3 landing on the Island of Betio, Tarawa Atoll, in the 

4 Gilbert Islands in the Pacific Ocean. 

5 (2) The United States military forces faced an 

6 entrenched force of 5,000 Japanese soldiers. 

7 (3) The Tarawa landing was the first American 

8 amphibious assault on a fortified beachhead in 

9 World War II. 

10 (4) Just 76 hours later, the American flag was 

11 raised at Tarawa. 

12 (5) More than 1,100 Marines and other mem13 bers of the Armed Forces were killed during the bat14 tle. 

15 (6) Most of the Marines, soldiers, and sailors 

16 who were killed during the battle were buried in 

17 hastily dug graves and cemeteries on Tarawa. 

18 (7) Between 1943 and 1946, the remains of 

19 some of the Marines and other members of the 

20 Armed Forces were disinterred and reinterred in 

21 temporary graves by the Navy. 

22 (8) After World War II, the remains of some of 

23 these Marines and other members of the Armed 

24 Forces were recovered and returned to the United 

25 States for burial. 
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1 (9) Due to mistakes in reinterment, poor 

2 records, as well as other causes, the remains of 564 

3 Marines and other members of the Armed Forces 

4 killed in the battle of Tarawa are in unmarked, un5 known graves. 

6 (10) Since 1980, the Department of Defense 

7 has recovered remains from some unmarked graves 

8 that have been found through construction or other 

9 activity on Tarawa. 

10 (11) The remains of members of the Armed 

11 Forces on Tarawa continue to be threatened by con12 struction or other land disturbing activity. 

13 (12) Recent research has shed new light on the 

14 locations of unmarked and lost graves of members of 

15 the Armed Forces on Tarawa. 

16 (13) It is the responsibility of the Federal Gov17 ernment to return to the United States for proper 

18 burial and respect all members of the Armed Forces 

19 killed at Tarawa who lie in unmarked and lost 

20 graves. 

21 (b) SENSE OF CONGRESS.—In light of these findings, 

22 Congress— 

23 (1) reaffirms its support for the recovery and 

24 return to the United States of the remains of mem25 bers of the Armed Forces killed in battle, and for 
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1 the efforts by the Joint POW-MIA Accounting Com2 mand to recover the remains of members of the 

3 Armed Forces from all wars; 

4 (2) recognizes the courage and sacrifice of the 

5 members of the Armed Forces who fought on 

6 Tarawa; 

7 (3) acknowledges the dedicated research and ef8 forts by persons to identify, locate, and advocate for 

9 the recovery of remains from Tarawa; and 

10 (4) encourages the Department of Defense to 

11 review this research and, as appropriate, pursue new 

12 efforts to conduct field studies, new research, and 

13 undertake all feasible efforts to recover, identify, and 

14 return remains of members of the Armed Forces 

15 from Tarawa. 

16 Subtitle G—Decorations and 

17 Awards 

18 SEC. 571. AWARD OF VIETNAM SERVICE MEDAL TO VET19 ERANS WHO PARTICIPATED IN MAYAGUEZ 

20 RESCUE OPERATION. 

21 (a) IN GENERAL.—The Secretary of the military de22 partment concerned shall, upon the application of an indi23 vidual who is an eligible veteran, award that individual the 

24 Vietnam Service Medal, notwithstanding any otherwise ap25 plicable requirements for the award of that medal. Any 
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1 such award shall be made in lieu of any Armed Forces 

2 Expeditionary Medal awarded the individual for the indi3 vidual’s participation in the Mayaguez rescue operation. 

4 (b) ELIGIBLE VETERAN.—For purposes of this sec5 tion, the term ‘‘eligible veteran’’ means a member or 

6 former member of the Armed Forces who was awarded 

7 the Armed Forces Expeditionary Medal for participation 

8 in military operations known as the Mayaguez rescue oper9 ation of May 12–15, 1975. 

10 SEC. 572. AUTHORIZATION AND REQUEST FOR AWARD OF 

11 MEDAL OF HONOR TO ANTHONY T. 

12 KOHO’OHANOHANO FOR ACTS OF VALOR 

13 DURING THE KOREAN WAR. 

14 (a) AUTHORIZATION.—Notwithstanding the time lim15 itations specified in section 3744 of title 10, United States 

16 Code, or any other time limitation with respect to the 

17 awarding of certain medals to persons who served in the 

18 Armed Forces, the President is authorized and requested 

19 to award the Medal of Honor under section 3741 of such 

20 title to former Private First Class Anthony T. 

21 Koho’ohanohano for the acts of valor during the Korean 

22 War described in subsection (b). 

23 (b) ACTS OF VALOR DESCRIBED.—The acts of valor 

24 referred to in subsection (a) are the actions of then Pri25 vate First Class Anthony T. Koho’ohanohano of Company 
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1 H of the 17th Infantry Regiment of the 7th Infantry Divi2 sion on September 1, 1951, during the Korean War for 

3 which he was originally awarded the distinguished-service 

4 cross. 

5 SEC. 573. AUTHORIZATION AND REQUEST FOR AWARD OF 

6 DISTINGUISHED-SERVICE CROSS TO JACK T. 

7 STEWART FOR ACTS OF VALOR DURING THE 

8 VIETNAM WAR. 

9 (a) AUTHORIZATION.—Notwithstanding the time lim10 itations specified in section 3744 of title 10, United States 

11 Code, or any other time limitation with respect to the 

12 awarding of certain medals to persons who served in the 

13 Armed Forces, the Secretary of the Army is authorized 

14 and requested to award the distinguished-service cross 

15 under section 3742 of such title to former Captain Jack 

16 T. Stewart of the United States Army for the acts of valor 

17 during the Vietnam War described in subsection (b). 

18 (b) ACTS OF VALOR DESCRIBED.—The acts of valor 

19 referred to in subsection (a) are the actions of Captain 

20 Jack T. Stewart as commander of a two-platoon Special 

21 Forces Mike Force element in combat with two battalions 

22 of the North Vietnamese Army on March 24, 1967, during 

23 the Vietnam War. 
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1 SEC. 574. AUTHORIZATION AND REQUEST FOR AWARD OF 

2 DISTINGUISHED-SERVICE CROSS TO WILLIAM 

3 T. MILES, JR., FOR ACTS OF VALOR DURING 

4 THE KOREAN WAR. 

5 (a) AUTHORIZATION.—Notwithstanding the time lim6 itations specified in section 3744 of title 10, United States 

7 Code, or any other time limitation with respect to the 

8 awarding of certain medals to persons who served in the 

9 Armed Forces, the Secretary of the Army is authorized 

10 and requested to award the distinguished-service cross 

11 under section 3742 of such title to former to former Ser12 geant First William T. Miles, Jr., of the United States 

13 Army for the acts of valor during the Korean War de14 scribed in subsection (b). 

15 (b) ACTS OF VALOR DESCRIBED.—The acts of valor 

16 referred to in subsection (a) are the actions of Sergeant 

17 First Class William T. Miles, Jr,. as a member of United 

18 States Special Forces from June 18, 1951, to July 6, 

19 1951, during the Korean War, when he fought a delaying 

20 action against enemy forces in order to allow other mem21 bers of his squad to escape an ambush. 

22 SEC. 575. RETROACTIVE AWARD OF ARMY COMBAT ACTION 

23 BADGE. 

24 (a) AUTHORITY TO AWARD.—The Secretary of the 

25 Army may award the Army Combat Action Badge (estab26 lished by order of the Secretary of the Army through 
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1 Headquarters, Department of the Army Letter 600–05– 

2 1, dated June 3, 2005) to a person who, while a member 

3 of the Army, participated in combat during which the per4 son personally engaged, or was personally engaged by, the 

5 enemy at any time during the period beginning on Decem6 ber 7, 1941, and ending on September 18, 2001 (the date 

7 of the otherwise applicable limitation on retroactivity for 

8 the award of such decoration), if the Secretary determines 

9 that the person has not been previously recognized in an 

10 appropriate manner for such participation. 

11 (b) PROCUREMENT OF BADGE.—The Secretary of 

12 the Army may make arrangements with suppliers of the 

13 Army Combat Action Badge so that eligible recipients of 

14 the Army Combat Action Badge pursuant to subsection 

15 (a) may procure the badge directly from suppliers, thereby 

16 eliminating or at least substantially reducing administra17 tive costs for the Army to carry out this section. 

18 SEC. 576. ESTABLISHMENT OF COMBAT MEDEVAC BADGE. 

19 (a) ARMY.— 

20 (1) IN GENERAL.—Chapter 357 of title 10, 

21 United States Code, is amended by adding at the 

22 end the following new section: 

23 ‘‘§ 3757. Combat Medevac Badge 

24 ‘‘(a) ISSUANCE.—The Secretary of the Army shall 

25 issue a badge of appropriate design, to be known as the 
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1 Combat Medevac Badge, to each person who while a mem2 ber of the Army served in combat on or after June 25, 

3 1950, as a pilot or crew member of a helicopter medical 

4 evacuation ambulance and who meets the requirements for 

5 the award of that badge. 

6 ‘‘(b) ELIGIBILITY REQUIREMENTS.—The Secretary 

7 of the Army shall prescribe requirements for eligibility for 

8 the Combat Medevac Badge.’’. 

9 (2) CLERICAL AMENDMENT.—The table of sec10 tions at the beginning of such chapter is amended 

11 by adding at the end the following new item: 

‘‘3757. Combat Medevac Badge’’. 

12 (b) NAVY AND MARINE CORPS.— 

13 (1) IN GENERAL.—Chapter 567 of title 10, 

14 United States Code, is amended by adding at the 

15 end the following new section: 

16 ‘‘§ 6259. Combat Medevac Badge 

17 ‘‘(a) ISSUANCE.—The Secretary of the Navy shall 

18 issue a badge of appropriate design, to be known as the 

19 Combat Medevac Badge, to each person who while a mem20 ber of the Navy or Marine Corps served in combat on or 

21 after June 25, 1950, as a pilot or crew member of a heli22 copter medical evacuation ambulance and who meets the 

23 requirements for the award of that badge. 
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1 ‘‘(b) ELIGIBILITY REQUIREMENTS.—The Secretary 

2 of the Navy shall prescribe requirements for eligibility for 

3 the Combat Medevac Badge.’’. 

4 (2) CLERICAL AMENDMENT.—The table of sec5 tions at the beginning of such chapter is amended 

6 by adding at the end the following new item: 

‘‘6259. Combat Medevac Badge’’. 

7 (c) AIR FORCE.— 

8 (1) IN GENERAL.—Chapter 857 of title 10, 

9 United States Code, is amended by adding at the 

10 end the following new section: 

11 ‘‘§ 8757. Combat Medevac Badge 

12 ‘‘(a) ISSUANCE.—The Secretary of the Air Force 

13 shall issue a badge of appropriate design, to be known as 

14 the Combat Medevac Badge, to each person who while a 

15 member of the Air Force served in combat on or after 

16 June 25, 1950, as a pilot or crew member of a helicopter 

17 medical evacuation ambulance and who meets the require18 ments for the award of that badge. 

19 ‘‘(b) ELIGIBILITY REQUIREMENTS.—The Secretary 

20 of the Air Force shall prescribe requirements for eligibility 

21 for the Combat Medevac Badge.’’. 

22 (2) CLERICAL AMENDMENT.—The table of sec23 tions at the beginning of such chapter is amended 

24 by adding at the end the following new item: 

‘‘8757. Combat Medevac Badge’’. 
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1 (d) AWARD FOR SERVICE BEFORE DATE OF ENACT2 MENT.—In the case of persons who, while a member of 

3 the Armed Forces, served in combat as a pilot or crew 

4 member of a helicopter medical evacuation ambulance dur5 ing the period beginning on June 25, 1950, and ending 

6 on the date of enactment of this Act, the Secretary of the 

7 military department concerned shall issue the Combat 

8 Medevac Badge— 

9 (1) to each such person who is known to the 

10 Secretary before the date of enactment of this Act; 

11 and 

12 (2) to each such person with respect to whom 

13 an application for the issuance of the badge is made 

14 to the Secretary after such date in such manner, 

15 and within such time period, as the Secretary may 

16 require. 

17 Subtitle H—Military Families 

18 SEC. 581. PILOT PROGRAM TO SECURE INTERNSHIPS FOR 

19 MILITARY SPOUSES WITH FEDERAL AGEN20 CIES. 

21 (a) COST-REIMBURSEMENT AGREEMENTS WITH

22 FEDERAL AGENCIES.—The Secretary of Defense may 

23 enter into an agreement with the head of an executive de24 partment or agency that has an established internship pro25 gram to reimburse the department or agency for author-
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1 ized costs associated with the first year of employment of 

2 an eligible military spouse who is selected to participate 

3 in the internship program of the department or agency. 

4 (b) ELIGIBLE MILITARY SPOUSES.— 

5 (1) ELIGIBILITY.—Except as provided in para6 graph (2), any person who is married to a member 

7 of the Armed Forces on active duty is eligible for se8 lection to participate in an internship program under 

9 a reimbursement agreement entered into under sub10 section (a). 

11 (2) EXCLUSIONS.—Reimbursement may not be 

12 provided with respect to the following persons: 

13 (A) A person who is legally separated from 

14 a member of the Armed Forces under court 

15 order or statute of any State, the District of 

16 Columbia, or possession of the United States 

17 when the person begins the internship. 

18 (B) A person who is also a member of the 

19 Armed Forces on active duty. 

20 (C) A person who is a retired member of 

21 the Armed Forces. 

22 (c) FUNDING SOURCE.—Amounts authorized to be 

23 appropriated for operation and maintenance, for Defense24 wide activities, shall be available to carry out this section. 

25 (d) DEFINITIONS.—In this section: 
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1 (1) The term ‘‘authorized costs’’ includes the 

2 costs of the salary, benefits and allowances, and 

3 training for an eligible military spouse during the 

4 first year of the participation of the military spouse 

5 in an internship program pursuant to an agreement 

6 under subsection (a). 

7 (2) The term ‘‘internship’’ means a profes8 sional, analytical, or administrative position in the 

9 Federal Government that operates under a develop10 mental program leading to career advancement. 

11 (e) TERMINATION OF AGREEMENT AUTHORITY.—No 

12 agreement may be entered into under subsection (a) after 

13 September 30, 2011. Authorized costs incurred after that 

14 date may be reimbursed under an agreement entered into 

15 before that date in the case of eligible military spouses 

16 who begin their internship by that date. 

17 (f) REPORTING REQUIREMENT.—Not later than Jan18 uary 1, 2012, the Secretary of Defense shall submit to 

19 the congressional defense committees a report that pro20 vides information on how many eligible military spouses 

21 received internships pursuant to agreements entered into 

22 under subsection (a) and the types of internship positions 

23 they occupied. The report shall specify the number of in24 terns who subsequently obtained permanent employment 

25 with the department or agency administering the intern-
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1 ship program or with another department or agency. The 

2 Secretary shall include a recommendation regarding 

3 whether, given the investment of Department of Defense 

4 funds, the authority to enter into agreements should be 

5 extended, modified, or terminated. 

6 SEC. 582. REPORT ON PROGRESS MADE IN IMPLEMENTING 

7 RECOMMENDATIONS TO REDUCE DOMESTIC 

8 VIOLENCE IN MILITARY FAMILIES. 

9 (a) ASSESSMENT.—The Comptroller General shall re10 view and assess the progress made by the Department of 

11 Defense in implementing the recommendations contained 

12 in the report by the Comptroller General entitled ‘‘Military 

13 Personnel: Progress Made in Implementing Recommenda14 tions to reduce Domestic Violence, but Further Manage15 ment Action Needed’’ (GAO–06–540). 

16 (b) REPORT.—Not later than 180 days after the date 

17 of the enactment of this Act, the Comptroller General shall 

18 submit to the congressional defense committees a report 

19 containing the results of the review and assessment under 

20 subsection (a). 
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1 SEC. 583. MODIFICATION OF SERVICEMEMBERS CIVIL RE2 LIEF ACT REGARDING TERMINATION OR SUS3 PENSION OF SERVICE CONTRACTS AND EF4 FECT OF VIOLATION OF INTEREST RATE LIM5 ITATION. 

6 (a) TERMINATION OR SUSPENSION OF SERVICE CON7 TRACTS.—Section 305A of the Servicemembers Civil Re8 lief Act (50 U.S.C. App. 535a) is amended to read as fol9 lows: 

10 ‘‘SEC. 305A. TERMINATION OR SUSPENSION OF SERVICE 

11 CONTRACTS. 

12 ‘‘(a) TERMINATION OR SUSPENSION BY

13 SERVICEMEMBER.—A servicemember who is party to or 

14 enters into a contract described in subsection (c) may ter15 minate or suspend, at the servicemember’s option, the con16 tract at any time after the date of the servicemember’s 

17 military orders, as described in subsection (c). 

18 ‘‘(b) SPECIAL RULES.— 

19 ‘‘(1) A suspension under subsection (a) of a 

20 contract by a servicemember shall continue for the 

21 length of the servicemember’s deployment pursuant 

22 to the servicemember’s military orders. 

23 ‘‘(2) A service provider under a contract sus24 pended or terminated under subsection (a) by a 

25 servicemember may not impose a suspension fee or 

26 early termination fee in connection with the suspen-
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1 sion or termination of the contract, other than a 

2 nominal fee for the suspension; except that the serv3 ice provider may impose a reasonable fee for any 

4 equipment remaining on the premises of the 

5 servicemember during the period of the suspension. 

6 The servicemember may defer, without penalty, pay7 ment of such a nominal fee or reasonable fee for the 

8 length of the servicemember’s deployment pursuant 

9 to the servicemember’s military orders. 

10 ‘‘(3) In any case in which the contract being 

11 suspended under subsection (a) is for cellular tele12 phone service or telephone exchange service, the 

13 servicemember, after the date on which the suspen14 sion of the contract ends, may keep, to the extent 

15 practicable and in accordance with all applicable 

16 laws and regulations, the same telephone number 

17 the servicemember had before the servicemember 

18 suspended the contract. 

19 ‘‘(c) COVERED CONTRACTS.—This section applies to 

20 a contract for cellular telephone service (including a con21 tract to which the servicemember is included with family 

22 members), telephone exchange service, multichannel video 

23 programming service, Internet access service, water, elec24 tricity, oil, gas, or other utility if the servicemember enters 

25 into the contract and thereafter receives military orders— 
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1 ‘‘(1) to deploy with a military unit, or as an in2 dividual, in support of a contingency operation for a 

3 period of not less than 90 days; or 

4 ‘‘(2) for a change of permanent station to a lo5 cation that does not support the contract. 

6 ‘‘(d) MANNER OF TERMINATION OR SUSPENSION.— 

7 ‘‘(1) IN GENERAL.—Termination or suspension 

8 of a contract under subsection (a) is made by deliv9 ery by the servicemember of written notice of such 

10 termination or suspension and a copy of the 

11 servicemember’s military orders to the other party to 

12 the contract (or to that party’s grantee or agent). 

13 ‘‘(2) NATURE OF NOTICE.—Delivery of notice 

14 under paragraph (1) may be accomplished— 

15 ‘‘(A) by hand delivery; 

16 ‘‘(B) by private business carrier; 

17 ‘‘(C) by facsimile; or 

18 ‘‘(D) by placing the written notice and a 

19 copy of the servicemember’s military orders in 

20 an envelope with sufficient postage and with re21 turn receipt requested, and addressed as des22 ignated by the party to be notified (or that par23 ty’s grantee or agent), and depositing the enve24 lope in the United States mails. 
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1 ‘‘(e) DATE OF CONTRACT TERMINATION OR SUSPEN2 SION.—Termination or suspension of a service contract 

3 under subsection (a) is effective as of the date on which 

4 the notice under subsection (d) is delivered. 

5 ‘‘(f) OTHER OBLIGATIONS AND LIABILITIES.—The 

6 service provider under the contract may not impose an 

7 early termination or suspension charge, but any tax or any 

8 other obligation or liability of the servicemember that, in 

9 accordance with the terms of the contract, is due and un10 paid or unperformed at the time of termination or suspen11 sion of the contract shall be paid or performed by the 

12 servicemember. 

13 ‘‘(g) FEES PAID IN ADVANCE.—A fee or amount paid 

14 in advance for a period after the effective date of the ter15 mination of the contract shall be refunded to the 

16 servicemember by the other party (or that party’s grantee 

17 or agent) within 60 days of the effective date of the termi18 nation of the contract. 

19 ‘‘(h) RELIEF TO OTHER PARTY.—Upon application 

20 by the other party to the contract to a court before the 

21 termination date provided in the written notice, relief 

22 granted by this section to a servicemember may be modi23 fied as justice and equity require. 

24 ‘‘(i) CRIMINAL PENALTY.—Whoever knowingly vio25 lates this section shall be fined not more than $5,000 in 
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1 the case of an individual or $10,000 in the case of an orga2 nization. 

3 ‘‘(j) PRIVATE RIGHT OF ACTION.— 

4 ‘‘(1) IN GENERAL.—A servicemember harmed 

5 by a violation of this section may in a civil action— 

6 ‘‘(A) obtain any appropriate equitable re7 lief with respect to the violation; and 

8 ‘‘(B) recover an amount equal to three 

9 times the damages sustained as a result of the 

10 violation. 

11 ‘‘(2) COSTS AND ATTORNEY FEES.—The court 

12 shall award to a servicemember who prevails in an 

13 action under paragraph (1) the costs of the action, 

14 including a reasonable attorney fee. 

15 ‘‘(3) PRESERVATION OF OTHER REMEDIES.— 

16 Nothing in this section shall be construed to pre17 clude or limit any remedy otherwise available under 

18 law to the servicemember with respect to conduct 

19 prohibited under this section. 

20 ‘‘(k) DEFINITIONS.—In this section: 

21 ‘‘(1) MULTICHANNEL VIDEO PROGRAMMING

22 SERVICE.—The term ‘multichannel video program23 ming service’ means video programming service pro24 vided by a multichannel video programming dis25 tributor, as such term is defined in section 602(13) 
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1 of the Communications Act of 1934 (47 U.S.C. 

2 522(13)). 

3 ‘‘(2) INTERNET ACCESS SERVICE.—The term 

4 ‘Internet access service’ has the meaning given that 

5 term under section 231(e)(4) of the Communications 

6 Act of 1934 (47 U.S.C. 231(e)(4)). 

7 ‘‘(3) CELLULAR TELEPHONE SERVICE.—The 

8 term ‘cellular telephone service’ means commercial 

9 mobile service, as that term is defined in section 

10 332(d) of the Communications Act of 1934 (47 

11 U.S.C. 332(d)). 

12 ‘‘(4) TELEPHONE EXCHANGE SERVICE.—The 

13 term ‘telephone exchange service’ has the meaning 

14 given that term under section 3 of the Communica15 tions Act of 1934 (47 U.S.C. 153).’’. 

16 (b) CLERICAL AMENDMENT.—The table of contents 

17 in section 1(b) of such Act is amended by striking the 

18 item relating to section 305A and inserting the following 

19 new item: 

‘‘Sec. 305A. Termination or suspension of service contracts.’’. 

20 (c) VIOLATION OF INTEREST RATE LIMITATION.— 

21 Section 207 of such Act is amended— 

22 (1) by amending subsection (e) to read as fol23 lows: 

24 ‘‘(e) CRIMINAL PENALTY.— 
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1 ‘‘(1) IN GENERAL.—Whoever knowingly violates 

2 this section shall be fined not more than $5,000 in 

3 the case of an individual or $10,000 in the case of 

4 an organization. 

5 ‘‘(2) DETERMINATION OF NUMBER OF VIOLA6 TIONS.—The court shall count as a separate viola7 tion each obligation or liability of a servicemember 

8 with respect to which— 

9 ‘‘(A) the servicemember properly provided 

10 to the creditor written notice and a copy of the 

11 military orders calling the servicemember to 

12 military service and any orders further extend13 ing military service under subsection (b); and 

14 ‘‘(B) the creditor fails to act in accordance 

15 with subsection (a).’’; 

16 (2) by redesignating subsection (f) as sub17 section (g); 

18 (3) by inserting after subsection (e) the fol19 lowing new subsection (f): 

20 ‘‘(f) RIGHTS OF SERVICEMEMBERS.— 

21 ‘‘(1) PRIVATE RIGHT OF ACTION.—A 

22 servicemember harmed by a violation of this section 

23 may in a civil action— 

24 ‘‘(A) obtain any appropriate equitable re25 lief with respect to the violation; and 
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1 ‘‘(B) recover an amount equal to three 

2 times the damages sustained as a result of the 

3 violation. 

4 ‘‘(2) COSTS AND ATTORNEY FEES.—The court 

5 shall award to a servicemember who prevails in an 

6 action under paragraph (1) the costs of the action, 

7 including a reasonable attorney fee. 

8 ‘‘(3) PRESERVATION OF OTHER REMEDIES.— 

9 Nothing in this section shall be construed to pre10 clude or limit any remedy otherwise available under 

11 law to the servicemember with respect to conduct 

12 prohibited under this section.’’; and 

13 (4) in subsection (g), as redesignated by para14 graph (2) of this subsection, by inserting ‘‘and (f)’’ 

15 after ‘‘subsection (e)’’. 

16 (d) EFFECTIVE DATE.—The amendment made by 

17 subsection (a) shall apply with respect to a contract en18 tered into on or after the date of the enactment of this 

19 Act. 

20 SEC. 584. PROTECTION OF CHILD CUSTODY ARRANGE21 MENTS FOR PARENTS WHO ARE MEMBERS OF 

22 THE ARMED FORCES DEPLOYED IN SUPPORT 

23 OF A CONTINGENCY OPERATION. 

24 (a) CHILD CUSTODY PROTECTION.—Title II of the 

25 Servicemembers Civil Relief Act (50 U.S.C. App. 521 et 
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1 seq.) is amended by adding at the end the following new 

2 section: 

3 ‘‘SEC. 208. CHILD CUSTODY PROTECTION. 

4 ‘‘(a) RESTRICTION ON CHANGE OF CUSTODY.—If a 

5 motion for change of custody of a child of a servicemember 

6 is filed while the servicemember is deployed in support of 

7 a contingency operation, no court may enter an order 

8 modifying or amending any previous judgment or order, 

9 or issue a new order, that changes the custody arrange10 ment for that child that existed as of the date of the de11 ployment of the servicemember, except that a court may 

12 enter a temporary custody order if the court finds that 

13 it is in the best interest of the child. 

14 ‘‘(b) COMPLETION OF DEPLOYMENT.—In any pre15 ceding covered under subsection (a), a court shall require 

16 that, upon the return of the servicemember from deploy17 ment in support of a contingency operation, the custody 

18 order that was in effect immediately preceding the date 

19 of the deployment of the servicemember is reinstated, un20 less the court finds that such a reinstatement is not in 

21 the best interest of the child, except that any such finding 

22 shall be subject to subsection (c). 

23 ‘‘(c) EXCLUSION OF MILITARY SERVICE FROM DE24 TERMINATION OF CHILD’S BEST INTEREST.—If a motion 

25 for the change of custody of the child of a servicemember 
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1 is filed, no court may consider the absence of the 

2 servicemember by reason of deployment, or possibility of 

3 deployment, in determining the best interest of the child. 

4 ‘‘(d) NO FEDERAL RIGHT OF ACTION.—Nothing in 

5 this section shall create a Federal right of action. 

6 ‘‘(e) PREEMPTION.—In any case where State or Fed7 eral law applicable to a child custody proceeding under 

8 State or Federal law provides a higher standard of protec9 tion to the rights of the parent who is a servicemember 

10 than the rights provided under this section, the State or 

11 Federal court shall apply the State or Federal standard. 

12 ‘‘(f) CONTINGENCY OPERATION DEFINED.—In this 

13 section, the term ‘contingency operation’ has the meaning 

14 given that term in section 101(a)(13) of title 10, United 

15 States Code, except that the term may include such other 

16 deployments as the Secretary may prescribe.’’. 

17 (b) CLERICAL AMENDMENT.—The table of contents 

18 in section 1(b) of such Act is amended by adding at the 

19 end of the items relating to title II the following new item: 

‘‘208. Child custody protection.’’. 

20 SEC. 585. DEFINITIONS IN FAMILY AND MEDICAL LEAVE 

21 ACT OF 1993 RELATED TO ACTIVE DUTY, 

22 SERVICEMEMBERS, AND RELATED MATTERS. 

23 (a) DEFINITION OF COVERED ACTIVE DUTY.— 
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1 (1) DEFINITION.—Paragraph (14) of section 

2 101 of the Family and Medical Leave Act of 1993 

3 (29 U.S.C. 2611) is amended— 

4 (A) by striking all that precedes ‘‘under a 

5 call’’ and inserting the following: 

6 ‘‘(14) COVERED ACTIVE DUTY.—The term ‘cov7 ered active duty’ means— 

8 ‘‘(A) in the case of a member of a regular 

9 component of the Armed Forces, duty during 

10 the deployment of the member with the Armed 

11 Forces to a foreign country; and 

12 ‘‘(B) in the case of a member of a reserve 

13 component of the Armed Forces, duty during 

14 the deployment of the member with the Armed 

15 Forces to a foreign country’’; and 

16 (B) by striking ‘‘101(a)(13)(B)’’ and in17 serting ‘‘101(a)(13)’’. 

18 (2) LEAVE.—Section 102 of the Family and 

19 Medical Leave Act of 1993 (29 U.S.C. 2612) is 

20 amended— 

21 (A) in subsection (a)(1)(E), by striking 

22 ‘‘active duty’’ each place it appears and insert23 ing ‘‘covered active duty’’; and 

24 (B) in subsection (e)(3)— 
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1 (i) in the paragraph heading, by strik2 ing ‘‘ACTIVE DUTY’’ and inserting ‘‘COV3 ERED ACTIVE DUTY’’; and 

4 (ii) by striking ‘‘active duty’’ each 

5 place it appears and inserting ‘‘covered ac6 tive duty’’. 

7 (3) CONFORMING AMENDMENT.—Section 103(f) 

8 of the Family and Medical Leave Act of 1993 (29 

9 U.S.C. 2613(f)) is amended, in the subsection head10 ing, by striking ‘‘ACTIVE DUTY’’ both places it ap11 pears and inserting ‘‘COVERED ACTIVE DUTY’’. 

12 (b) DEFINITION OF COVERED SERVICEMEMBER.— 

13 Section 101 of the Family and Medical Leave Act of 1993 

14 is further amended by striking paragraph (16) and insert15 ing the following new paragraph: 

16 ‘‘(16) COVERED SERVICEMEMBER.—The term 

17 ‘covered servicemember’ means— 

18 ‘‘(A) a member of the Armed Forces (in19 cluding a member of the National Guard or Re20 serves) who is undergoing medical treatment, 

21 recuperation, or therapy, is otherwise in out22 patient status, or is otherwise on the temporary 

23 disability retired list, for a serious injury or ill24 ness; or 
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1 ‘‘(B) a veteran who is undergoing medical 

2 treatment, recuperation, or therapy, for a seri3 ous injury or illness and who was a member of 

4 the Armed Forces (including a member of the 

5 National Guard or Reserves) at any time dur6 ing the period of 5 years preceding the date on 

7 which the veteran undergoes that medical treat8 ment, recuperation, or therapy.’’. 

9 (c) DEFINITIONS OF SERIOUS INJURY OR ILLNESS; 

10 VETERAN.—Section 101 of the Family and Medical Leave 

11 Act of 1993 is further amended by striking paragraph 

12 (19) and inserting the following new paragraphs: 

13 ‘‘(19) SERIOUS INJURY OR ILLNESS.—The term 

14 ‘serious injury or illness’— 

15 ‘‘(A) in the case of a member of the Armed 

16 Forces (including a member of the National 

17 Guard or Reserves), means an injury or illness 

18 incurred by the member in line of duty on cov19 ered active duty in the Armed Forces that may 

20 render the member medically unfit to perform 

21 the duties of the member’s office, grade, rank, 

22 or rating; and 

23 ‘‘(B) in the case of a veteran who was a 

24 member of the Armed Forces (including a mem25 ber of the National Guard or Reserves) at any 
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1 time during a period described in paragraph 

2 (16)(B), means an injury or illness incurred by 

3 the member in line of duty on covered active 

4 duty in the Armed Forces, that manifested 

5 itself after the member became a veteran, and 

6 that may have rendered the member medically 

7 unfit to perform the duties of the member’s of8 fice, grade, rank, or rating on the date the in9 jury or illness was incurred if the injury or ill10 ness had manifested itself on that date. 

11 ‘‘(20) VETERAN.—The term ‘veteran’ has the 

12 meaning given the term in section 101 of title 38, 

13 United States Code.’’. 

14 (d) TECHNICAL AMENDMENT.—Section 102(e)(2)(A) 

15 of the Family and Medical Leave Act of 1993 (29 U.S.C. 

16 2612(e)(2)(A)) is amended by striking ‘‘or parent’’ and 

17 inserting ‘‘parent, or next of kin (for leave taken under 

18 subsection (a)(3))’’. 

19 (e) EFFECTIVE DATE AND REGULATIONS.—The 

20 amendments made by this section shall take effect on the 

21 date of the enactment of this Act. Not later than 120 days 

22 after such date, the Secretary of Labor shall issue direct 

23 final conforming regulations solely to implement such 

24 amendments. 
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1 SEC. 586. REPORT ON IMPACT OF DOMESTIC VIOLENCE ON 

2 MILITARY FAMILIES. 

3 The Comptroller General shall submit to Congress a 

4 report containing— 

5 (1) an assessment of the impact of domestic vi6 olence in families of members of the Armed Forces 

7 on the children of such families; and 

8 (2) information on progress being made to en9 sure that children of families of members of the 

10 Armed Forces receive adequate care and services 

11 when such children are exposed to domestic violence. 

12 SEC. 587. OVERSEAS VOTING ADVISORY BOARD. 

13 (a) ESTABLISHMENT; DUTIES.—There is hereby es14 tablished the Overseas Voting Advisory Board (hereafter 

15 in this Act referred to as the ‘‘Board’’). 

16 (b) DUTIES.— 

17 (1) IN GENERAL.—The Board shall conduct 

18 studies and issue reports with respect to the fol19 lowing issues: 

20 (A) The ability of citizens of the United 

21 States who reside outside of the United States 

22 to register to vote and vote in elections for pub23 lic office. 

24 (B) Methods to promote voter registration 

25 and voting among such citizens. 
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1 (C) The effectiveness of the Director of the 

2 Federal Voting Assistance Program under the 

3 Uniformed and Overseas Citizens Absentee Vot4 ing Act in assisting such citizens in registering 

5 to vote and casting votes in elections. 

6 (D) The effectiveness of the administration 

7 and enforcement of the requirements of the 

8 Uniformed and Overseas Citizens Absentee Vot9 ing Act. 

10 (E) The need for the enactment of legisla11 tion or the adoption of administrative actions to 

12 ensure that all Americans who are away from 

13 the jurisdiction in which they are eligible to 

14 vote because they live overseas or serve in the 

15 military (or are a spouse or dependent of some16 one who serves in the military) are able to reg17 ister to vote and vote in elections for public of18 fice. 

19 (2) REPORTS.—In addition to issuing such re20 ports as it considers appropriate, the Board shall 

21 transmit to Congress a report not later than March 

22 31 of each year describing its activities during the 

23 previous year, and shall include in that report such 

24 recommendations as the Board considers appropriate 

25 for legislative or administrative action, including the 
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1 provision of funding, to address the issues described 

2 in paragraph (1). 

3 (3) COMMITTEE HEARINGS ON ANNUAL RE4 PORT.—During each year, the Committees on Armed 

5 Services of the House of Representatives and Sen6 ate, the Committee on House Administration of the 

7 House of Representatives, and the Committee on 

8 Rules and Administration of the Senate may each 

9 hold a hearing on the annual report submitted by 

10 the Board under paragraph (2). 

11 (c) MEMBERSHIP.— 

12 (1) APPOINTMENT.—The Board shall be com13 posed of 5 members appointed by the President not 

14 later than 6 months after the date of the enactment 

15 of this Act, of whom— 

16 (A) 1 shall be appointed from among a list 

17 of nominees submitted by the Speaker of the 

18 House of Representatives; 

19 (B) 1 shall be appointed from among a list 

20 of nominees submitted by the Minority Leader 

21 of the House of Representatives; 

22 (C) 1 shall be appointed from among a list 

23 of nominees submitted by the Majority Leader 

24 of the Senate; and 
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1 (D) 1 shall be appointed from among a list 

2 of nominees submitted by the Minority Leader 

3 of the Senate. 

4 (2) QUALIFICATIONS.—An individual may serve 

5 as a member of the Board only if the individual has 

6 experience in election administration and resides or 

7 has resided for an extended period of time overseas 

8 (as a member of the uniformed services or as a civil9 ian), except that the President shall ensure that at 

10 least one member of the Board is a citizen who re11 sides overseas while serving on the Board. 

12 (3) TERMS OF SERVICE.— 

13 (A) IN GENERAL.—Except as provided in 

14 subparagraph (B), each member shall be ap15 pointed for a term of 4 years. A member may 

16 be reappointed for additional terms. 

17 (B) VACANCIES.—A vacancy in the Board 

18 shall be filled in the manner in which the origi19 nal appointment was made. Any member ap20 pointed to fill a vacancy occurring before the 

21 expiration of the term for which the member’s 

22 predecessor was appointed shall be appointed 

23 only for the remainder of that term. A member 

24 may serve after the expiration of that member’s 

25 term until a successor has taken office. 
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1 (4) PAY.— 

2 (A) NO PAY FOR SERVICE.—A member 

3 shall serve without pay, except that a member 

4 shall receive travel expenses, including per diem 

5 in lieu of subsistence, in accordance with appli6 cable provisions under subchapter I of chapter 

7 57 of title 5, United States Code. 

8 (B) REIMBURSEMENT OF TRAVEL EX9 PENSES BY DIRECTOR.—Upon request of the 

10 Chairperson of the Board, the Director of the 

11 Federal Voting Assistance Program under the 

12 Uniformed and Overseas Citizens Absentee Vot13 ing Act shall, from amounts made available for 

14 the salaries and expenses of the Director, reim15 burse the Board for any travel expenses paid on 

16 behalf of a member under subparagraph (A). 

17 (5) QUORUM.—Three members of the Board 

18 shall constitute a quorum but a lesser number may 

19 hold hearings. 

20 (6) CHAIRPERSON.—The members of the Board 

21 shall designate one member to serve as Chairperson. 

22 (d) STAFF.— 

23 (1) AUTHORITY TO APPOINT.—Subject to rules 

24 prescribed the Board, the chairperson may appoint 
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1 and fix the pay of such staff as the chairperson con2 siders necessary. 

3 (2) APPLICATION OF CIVIL SERVICE LAWS.— 

4 The staff of the Board shall be appointed subject to 

5 the provisions of title 5, United States Code, gov6 erning appointments in the competitive service, and 

7 shall be paid in accordance with the provisions of 

8 chapter 51 and subchapter III of chapter 53 of that 

9 title relating to classification and General Schedule 

10 pay rates. 

11 (3) EXPERTS AND CONSULTANTS.—Subject to 

12 rules prescribed by the Board, the Chairperson may 

13 procure temporary and intermittent services under 

14 section 3109(b) of title 5, United States Code. 

15 (4) STAFF OF FEDERAL AGENCIES.—Upon re16 quest of the Chairperson, the head of any Federal 

17 department or agency may detail, on a reimbursable 

18 basis, any of the personnel of that department or 

19 agency to the Board to assist it in carrying out its 

20 duties under this Act. 

21 (e) POWERS.— 

22 (1) HEARINGS AND SESSIONS.—The Board 

23 may, for the purpose of carrying out this Act, hold 

24 hearings, sit and act at times and places, take testi25 mony, and receive evidence as the Board considers 
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1 appropriate. The Board may administer oaths or af2 firmations to witnesses appearing before it. 

3 (2) OBTAINING OFFICIAL DATA.—The Board 

4 may secure directly from any department or agency 

5 of the United States information necessary to enable 

6 it to carry out this Act. Upon request of the Chair7 person, the head of that department or agency shall 

8 furnish that information to the Board. 

9 (3) MAILS.—The Board may use the United 

10 States mails in the same manner and under the 

11 same conditions as other departments and agencies 

12 of the United States. 

13 (4) ADMINISTRATIVE SUPPORT SERVICES.— 

14 Upon the request of the Board, the Administrator of 

15 General Services shall provide to the Board, on a re16 imbursable basis, the administrative support services 

17 necessary for the Board to carry out its responsibil18 ities under this Act. 

19 (f) AUTHORIZATION OF APPROPRIATIONS.—There 

20 are authorized to be appropriated to the Board such sums 

21 as may be necessary to carry out this section for fiscal 

22 year 2010 and each succeeding fiscal year. 
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1 SEC. 588. SENSE OF CONGRESS AND REPORT ON INTRA-FA2 MILIAL ABDUCTION OF CHILDREN OF MILI3 TARY PERSONNEL. 

4 (a) SENSE OF CONGRESS.—It is the sense of Con5 gress that the intra-familial abduction to foreign countries 

6 of children of members of the Armed Forces constitutes 

7 a grave violation of the rights of military parents whose 

8 children are abducted and poses a significant threat to the 

9 psychological well-being and development of the abducted 

10 children. 

11 (b) REPORT ON INTRA-FAMILIAL CHILD ABDUCTION

12 EFFECTING ACTIVE DUTY MILITARY PERSONNEL.— 

13 (1) REPORT REQUIRED.—Not later than 60 

14 days after the date of the enactment of this Act, and 

15 not later than December 31 of calendar year 2010 

16 and each December 31 thereafter, the Secretary of 

17 Defense shall submit to the Committees on Armed 

18 Services of the Senate and House of Representatives 

19 a report on the programs, projects, and activities 

20 carried out by the Department of Defense to assist 

21 members of the Armed Forces whose children are 

22 abducted. 

23 (2) CONTENTS.—The report required under 

24 paragraph (1) shall include information concerning 

25 the following: 
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1 (A) The total number of children abducted 

2 from military parents, with a breakdown of the 

3 number of children abducted to each country 

4 that is a party to the Hague Convention on the 

5 Civil Aspects of International Child Abduction 

6 (the ‘‘Hague Convention’’) and each country 

7 that is not a party to the Hague Convention. 

8 (B) The total number of children abducted 

9 from military parents who were returned to 

10 their military parent, with a breakdown of the 

11 number of children returned from each country 

12 that is a party to the Hague Convention and 

13 each country that is not a party to the Hague 

14 Convention, including the average length of 

15 time per country that the children spent sepa16 rated from their military parent, whether the 

17 Department of Defense helped facilitate any of 

18 the returns, specific actions taken to facilitate 

19 the return, and other Departments involved. 

20 (C) Whether these numbers are shared 

21 with the Department of State for inclusion in 

22 the Report on Compliance with the Hague Con23 vention on the Civil Aspects of International 

24 Child Abduction. 
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1 (D) An assessment as to how international 

2 child abductions impact the force readiness of 

3 affected military personnel. 

4 (E) An assessment of the effectiveness of 

5 the centralized office within the Department of 

6 Defense responsible for implementing measures 

7 to prevent international child abductions and to 

8 provide assistance to military personnel, includ9 ing— 

10 (i) the coordination of international 

11 child abduction-related issues between the 

12 relevant agencies and departments with the 

13 Department of Defense; 

14 (ii) the education of appropriate per15 sonnel; 

16 (iii) the coordination with family sup17 port offices and other applicable agencies, 

18 both within the United States and in host 

19 countries, to implement mechanisms for 

20 assistance to left behind parents; 

21 (iv) the coordination with the Depart22 ment of State and National Center for 

23 Missing and Exploited Children to provide 

24 assistance to left behind parents in obtain25 ing the return of their children; and 
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1 (v) the collection of the data required 

2 by subparagraphs (A) and (B). 

3 (F) An assessment of the current avail4 ability of, and additional need for assistance, in5 cluding general information, psychological coun6 seling, financial assistance, leave for travel, 

7 legal services, and the contact information for 

8 the office identified in subparagraph (E), pro9 vided by the Department of Defense to left be10 hind military parents for the purpose of obtain11 ing the return of their abducted children and 

12 ensuring the force readiness of military per13 sonnel. 

14 (G) The means through which available 

15 services, information, and activities relating to 

16 international child abductions are commu17 nicated to left behind military parents. 

18 (H) The proportion of identified left be19 hind military parents who utilize the services 

20 and activities referred to in subparagraph (F). 

21 (I) Measures taken by the Department of 

22 Defense, including any written policy guidelines, 

23 to prevent the abduction of children. 

24 (J) The means by which military personnel 

25 are educated on the risks of international child 
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1 abduction, particularly when they first arrive on 

2 a base abroad or when the military receives no3 tice that the personnel is considering marriage 

4 or divorce abroad. 

5 (K) The training provided to those who 

6 supply legal assistance to military personnel, in 

7 particular the Armed Forces Legal Assistance 

8 Offices, on the legal aspects of international 

9 child abduction and legal options available to 

10 left behind military parents, including the risks 

11 of conferring jurisdiction on the host country 

12 court system by applying for child custody in 

13 the host country court system. 

14 (L) Which of the Status of Forces Agree15 ments negotiated with host countries, if any, 

16 are written to protect the ability of a member 

17 of the Armed Forces to have international child 

18 abduction cases adjudicated in the member’s 

19 State of legal residence. 

20 (M) The feasibility of including in present 

21 and future Status of Forces Agreements a 

22 framework for the expeditious and just resolu23 tion of intra-familial child abduction. 

24 (N) Identification of potential strategies 

25 for engagement with host countries with high 
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1 incidences of military international child abduc2 tions. 

3 (O) Whether the Department of Defense 

4 has engaged in joint efforts with the State De5 partment to provide a forum, such as a con6 ference, for left behind military parents to 

7 share their experiences, network, and develop 

8 best practices for securing the return of ab9 ducted children, and the assistance provided for 

10 left behind parents to attend such an event. 

11 (P) Whether the Department of Defense 

12 currently partners with, or intends to partner 

13 with, civilian experts on International Child Ab14 duction, to understand the psychological and so15 cial implications of this issue upon Department 

16 of Defense personnel, and to help develop an ef17 fective awareness campaign and training. 

18 Subtitle I—Other Matters 

19 SEC. 591. NAVY GRANTS TO NAVAL SEA CADET CORPS. 

20 (a) GRANTS AUTHORIZED.—Chapter 647 of title 10, 

21 United States Code, is amended by inserting after section 

22 7541a the following new section: 
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1 ‘‘§ 7541b. Authority to make grants to Naval Sea 

2 Cadet Corps 

3 ‘‘Subject to the availability of funds for this purpose, 

4 the Secretary of the Navy may make grants to support 

5 the purposes of the Naval Sea Cadet Corps, a federally 

6 chartered corporation under chapter 1541 of title 36.’’. 

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

8 at the beginning of such chapter is amended by inserting 

9 after the item relating to section 7541a the following new 

10 item: 

‘‘7541b. Authority to make grants to Naval Sea Cadet Corps.’’. 

11 SEC. 592. IMPROVED RESPONSE AND INVESTIGATION OF 

12 ALLEGATIONS OF SEXUAL ASSAULT INVOLV13 ING MEMBERS OF THE ARMED FORCES. 

14 (a) COMPTROLLER GENERAL REPORT.— 

15 (1) REPORT REQUIRED.—Not later than 1 year 

16 after the date of the enactment of this Act, the 

17 Comptroller General shall submit to the congres18 sional defense committees a report containing a re19 view of the capacity of each service of the Armed 

20 Forces to investigate and adjudicate allegations of 

21 sexual assault to determine whether there are any 

22 barriers that negatively affect the ability of that 

23 service to facilitate the investigation and adjudica24 tion of such allegations to the full extent of the Uni25 form Code of Military Justice. 
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1 (2) ELEMENTS OF REPORT.—The report re2 quired by paragraph (1) shall include a review of the 

3 following: 

4 (A) The command processes of each of the 

5 Armed Forces for handling allegations of sexual 

6 assault (including command guidance, standing 

7 orders, and related matters), the staff judge ad8 vocate structure of each Armed Force for cases 

9 of sexual assault, and the personnel and budget 

10 resources allocated to handle allegations of sex11 ual assault. 

12 (B) The extent to which command deci13 sions regarding the disposition of cases properly 

14 direct cases to the most-appropriate venue for 

15 adjudication. 

16 (C) The effectiveness of personnel training 

17 methods regarding investigation and adjudica18 tion of sexual assault cases. 

19 (D) The capacity to investigate and adju20 dicate sexual assault cases in combat zones. 

21 (E) The recommendations of the Defense 

22 Task Force on Sexual Assault in the Military 

23 regarding investigation and adjudication of sex24 ual assault. 
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1 (b) PREVENTION.—Not later than 180 days after the 

2 dates of the enactment of this Act, the Secretary of De3 fense shall develop and submit to the congressional de4 fense committees a sexual assault prevention program, 

5 which shall include, at minimum, the following compo6 nents: 

7 (1) Action plans for reducing the number of 

8 sexual assaults, with timelines for implementation of 

9 the plans, development tools, and a comprehensive 

10 evaluation process. 

11 (2) A mechanism to measure the effectiveness 

12 of the program, to include outcome measurement 

13 and metrics. 

14 (3) Training programs for commanders and 

15 senior enlisted leaders, including pre-command 

16 courses. 

17 (4) The budget necessary to permit full imple18 mentation of the program. 

19 (c) SEXUAL ASSAULT FORENSIC EXAMS.— 

20 (1) AVAILABILITY OF SEXUAL ASSAULT FOREN21 SIC EXAMS IN COMBAT ZONES.—Not later than 180 

22 days after the date of the enactment of this Act, the 

23 Secretary of Defense shall submit to the congres24 sional defense committees a report evaluating the 

25 availability of sexual assault forensic examinations in 
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1 combat zones. The report shall include, at a min2 imum, the following: 

3 (A) The current availability of sexual as4 sault forensic examinations in combat zones. 

5 (B) The barriers to providing sexual as6 sault forensic examinations at all echelons of 

7 care in combat zones. 

8 (C) Any legislative actions required to im9 prove the availability of sexual assault forensic 

10 examinations in combat zones. 

11 (2) TRICARE COVERAGE FOR FORENSIC EXAM12 INATION FOLLOWING SEXUAL ASSAULT OR DOMES13 TIC VIOLENCE.—Not later than 30 days after the 

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

15 Defense shall submit to the congressional defense 

16 committees a report describing the progress made in 

17 implementing section 1079(a)(17) of title 10, United 

18 States Code, as added by section 701 of the John 

19 Warner National Defense Authorization Act for Fis20 cal Year 2007 (Public Law 109–324; 120 Stat. 

21 2279). 

22 (d) MILITARY PROTECTIVE ORDERS.— 

23 (1) COLLECTION OF STATISTICAL INFORMA24 TION.—Not later than 30 days after the date of en25 actment of this Act, the Secretary of Defense shall 
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1 require that sexual assault statistics collected by the 

2 Department of Defense include information on 

3 whether a military protective order was issued that 

4 involved either the victim or alleged perpetrator of a 

5 sexual assault. The Secretary shall include such in6 formation in the annual report submitted to Con7 gress on sexual assaults involving members of the 

8 Armed Forces. 

9 (2) INFORMATION TO MEMBERS.—The Sec10 retary of Defense shall ensure that, when a military 

11 protective order is issued to protect a member of the 

12 Armed Forces, the member is informed of the right 

13 of the member to request a base transfer from the 

14 command. 

15 SEC. 593. MODIFICATION OF MATCHING FUND REQUIRE16 MENTS UNDER NATIONAL GUARD YOUTH 

17 CHALLENGE PROGRAM. 

18 (a) AUTHORITY TO INCREASE DOD SHARE OF PRO19 GRAM.—Section 509(d)(1) of title 32, United States Code, 

20 is amended by striking ‘‘60 percent of the costs’’ and in21 serting ‘‘75 percent of the costs’’. 

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

23 subsection (a) shall take effect on October 1, 2009, and 

24 shall apply with respect to fiscal years beginning on or 

25 after that date. 
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1 SEC. 594. MODIFICATION OF SERVICEMEMBERS CIVIL RE2 LIEF ACT REGARDING RESIDENTIAL AND 

3 MOTOR VEHICLE LEASES. 

4 Section 305(e) of the Servicemembers Civil Relief Act 

5 (50 U.S.C. App. 535) is amended to read as follows: 

6 ‘‘(e) ARREARAGES AND OTHER OBLIGATIONS AND

7 LIABILITIES.— 

8 ‘‘(1) LEASES OF PREMISES.—Rent amounts for 

9 a lease described in subsection (b)(1) that are un10 paid for the period preceding the effective date of 

11 the lease termination shall be paid on a prorated 

12 basis. The lessor may not impose an early termi13 nation charge, but any taxes, summonses, or other 

14 obligations and liabilities of the lessee in accordance 

15 with the terms of the lease, including reasonable 

16 charges to the lessee for excess wear, that are due 

17 and unpaid at the time of termination of the lease 

18 shall be paid by the lessee. 

19 ‘‘(2) LEASES OF MOTOR VEHICLES.—Lease 

20 amounts for a lease described in subsection (b)(2) 

21 that are unpaid for the period preceding the effective 

22 date of the lease termination shall be paid on a pro23 rated basis. The lessor may not impose an early ter24 mination charge, but any taxes, summonses, title 

25 and registration fees, or other obligations and liabil26 ities of the lessee in accordance with the terms of 
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1 the lease, including reasonable charges to the lessee 

2 for excess wear or use and mileage, that are due and 

3 unpaid at the time of termination of the lease shall 

4 be paid by the lessee.’’. 

5 SEC. 595. EXPANSION OF MILITARY LEADERSHIP DIVER6 SITY COMMISSION TO INCLUDE RESERVE 

7 COMPONENT REPRESENTATIVES. 

8 Section 596(b)(1) of the Duncan Hunter National 

9 Defense Authorization Act for Fiscal Year 2009 (Public 

10 Law 110–417; 122 Stat. 4476) is amended by striking 

11 subparagraphs (C), (D), (E) and inserting the following 

12 new subparagraphs: 

13 ‘‘(C) A commissioned officer from each of 

14 the Army, Navy, Air Force, Marine Corps, Na15 tional Guard, and Reserves who serves or has 

16 served in a leadership position with either a 

17 military department command or combatant 

18 command. 

19 ‘‘(D) A retired general or flag officer from 

20 each of the Army, Navy, Air Force, Marine 

21 Corps, National Guard, and Reserves. 

22 ‘‘(E) A retired noncommissioned officer 

23 from each of the Army, Navy, Air Force, Ma24 rine Corps, National Guard, and Reserves.’’. 
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1 SEC. 596. EXPANSION OF SUICIDE PREVENTION AND COM2 MUNITY HEALING AND RESPONSE TRAINING 

3 UNDER THE YELLOW RIBBON REINTEGRA4 TION PROGRAM. 

5 Section 582 of the National Defense Authorization 

6 Act for Fiscal Year 2008 (Public Law 110–181; 122 Stat. 

7 122) is amended— 

8 (1) in subsection (h)— 

9 (A) by striking paragraph (3); and 

10 (B) by redesignating paragraphs (4) 

11 through (15) as paragraphs (3) through (14), 

12 respectively; and 

13 (2) by adding at the end the following new sub14 section: 

15 ‘‘(i) SUICIDE PREVENTION AND COMMUNITY HEAL16 ING AND RESPONSE PROGRAM.— 

17 ‘‘(1) ESTABLISHMENT.—As part of the Yellow 

18 Ribbon Reintegration Program, the Office for Re19 integration Programs shall establish a program to 

20 provide National Guard and Reserve members, their 

21 families, and their communities with training in sui22 cide prevention and community healing and response 

23 to suicide. 

24 ‘‘(2) DESIGN.—In establishing the program 

25 under paragraph (1), the Office for Reintegration 

26 Programs shall consult with— 
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1 ‘‘(A) persons that have experience and ex2 pertise with combining military and civilian 

3 intervention strategies that reduce risk and pro4 mote healing after a suicide attempt or suicide 

5 death for National Guard and Reserve mem6 bers; and 

7 ‘‘(B) the adjutant general of each state, 

8 the Commonwealth of Puerto Rico, the District 

9 of Columbia, Guam, and the Virgin Islands. 

10 ‘‘(3) OPERATION.— 

11 ‘‘(A) SUICIDE PREVENTION TRAINING.— 

12 The Office for Reintegration Programs shall 

13 provide National Guard and Reserve members 

14 with training in suicide prevention. Such train15 ing shall include— 

16 ‘‘(i) describing the warning signs for 

17 suicide and teaching effective strategies for 

18 prevention and intervention; 

19 ‘‘(ii) examining the influence of mili20 tary culture on risk and protective factors 

21 for suicide; and 

22 ‘‘(iii) engaging in interactive case sce23 narios and role plays to practice effective 

24 intervention strategies. 
233 

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1 ‘‘(B) COMMUNITY HEALING AND RE2 SPONSE TRAINING.—The Office for Reintegra3 tion Programs shall provide the families and 

4 communities of National Guard and Reserve 

5 members with training in responses to suicide 

6 that promote individual and community healing. 

7 Such training shall include— 

8 ‘‘(i) enhancing collaboration among 

9 community members and local service pro10 viders to create an integrated, coordinated 

11 community response to suicide; 

12 ‘‘(ii) communicating best practices for 

13 preventing suicide, including safe mes14 saging, appropriate memorial services, and 

15 media guidelines; 

16 ‘‘(iii) addressing the impact of suicide 

17 on the military and the larger community, 

18 and the increased risk that can result; and 

19 ‘‘(iv) managing resources to assist key 

20 community and military service providers 

21 in helping the families, friends, and fellow 

22 soldiers of a suicide victim through the 

23 processes of grieving and healing. 

24 ‘‘(C) COLLABORATION WITH CENTERS OF

25 EXCELLENCE.— The Office for Reintegration 
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1 Programs, in consultation with the Defense 

2 Centers of Excellence for Psychological Health 

3 and Traumatic Brain Injury, shall collect and 

4 analyze ‘lessons learned’ and suggestions from 

5 State National Guard and Reserve organiza6 tions with existing or developing suicide preven7 tion and community response programs.’’. 

8 SEC. 597. REPORT ON PROGRESS IN COMPLETING DEFENSE 

9 INCIDENT-BASED REPORTING SYSTEM. 

10 Not later than 120 days after the date of the enact11 ment of this Act, and every 6 months thereafter, the Sec12 retary of Defense shall submit to Congress a report detail13 ing the progress of the Secretary with respect to the De14 fense Incident-Based Reporting System. 

15 SEC. 598. LEGAL ASSISTANCE FOR ADDITIONAL RESERVE 

16 COMPONENT MEMBERS. 

17 Section 1044(a)(4) of title 10, United States Code, 

18 is amended by striking ‘‘the Secretary of Defense), for a 

19 period of time, prescribed by the Secretary of Defense,’’ 

20 and inserting ‘‘the Secretary), for a period of time (pre21 scribed by the Secretary)’’. 

22 TITLE VI—COMPENSATION AND 

23 OTHER PERSONNEL BENEFITS 

Subtitle A—Pay and Allowances 

Sec. 601. Fiscal year 2010 increase in military basic pay. 
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Sec. 602. Special monthly compensation allowance for members with combat-related catastrophic injuries or illnesses pending their retirement 

or separation for physical disability. 

Sec. 603. Stabilization of pay and allowances for senior enlisted members and 

warrant officers appointed as officers and officers reappointed 

in a lower grade. 

Sec. 604. Report on housing standards used to determine basic allowance for 

housing. 

Subtitle B—Bonuses and Special and Incentive Pays 

Sec. 611. One-year extension of certain bonus and special pay authorities for 

reserve forces. 

Sec. 612. One-year extension of certain bonus and special pay authorities for 

health care professionals. 

Sec. 613. One-year extension of special pay and bonus authorities for nuclear 

officers. 

Sec. 614. One-year extension of authorities relating to title 37 consolidated special pay, incentive pay, and bonus authorities. 

Sec. 615. One-year extension of authorities relating to payment of other title 

37 bonuses and special pay. 

Sec. 616. One-year extension of authorities relating to payment of referral bonuses. 

Sec. 617. Technical corrections and conforming amendments to reconcile conflicting amendments regarding continued payment of bonuses 

and similar benefits for certain members. 

Sec. 618. Proration of certain special and incentive pays to reflect time during 

which a member satisfies eligibility requirements for the special 

or incentive pay. 

Subtitle C—Travel and Transportation Allowances 

Sec. 631. Transportation of additional motor vehicle of members on change of 

permanent station to or from nonforeign areas outside the continental United States. 

Sec. 632. Travel and transportation allowances for designated individuals of 

wounded, ill, or injured members for duration of inpatient 

treatment. 

Sec. 633. Authorized travel and transportation allowances for non-medical attendants for very seriously and seriously wounded, ill, or injured members. 

Sec. 634. Increased weight allowance for transportation of baggage and household effects for certain enlisted members. 

Subtitle D—Retired Pay and Survivor Benefits 

Sec. 641. Recomputation of retired pay and adjustment of retired grade of Reserve retirees to reflect service after retirement. 

Sec. 642. Election to receive retired pay for non-regular service upon retirement 

for service in an active reserve status performed after attaining 

eligibility for regular retirement. 

Subtitle E—Commissary and Nonappropriated Fund Instrumentality Benefits 

and Operations 

Sec. 651. Additional exception to limitation on use of appropriated funds for 

Department of Defense golf courses. 
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Sec. 652. Limitation on Department of Defense entities offering personal information services to members and their dependents. 

Sec. 653. Report on impact of purchasing from local distributors all alcoholic 

beverages for resale on military installations on Guam. 

Subtitle F—Other Matters 

Sec. 661. Limitations on collection of overpayments of pay and allowances erroneously paid to members. 

Sec. 662. Army authority to provide additional recruitment incentives. 

Sec. 663. Benefits under Post-Deployment/Mobilization Respite Absence program for certain periods before implementation of program. 

Sec. 664. Sense of Congress regarding support for compensation, retirement, 

and other military personnel programs. 

1 Subtitle A—Pay and Allowances 

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

3 PAY. 

4 (a) WAIVER OF SECTION 1009 ADJUSTMENT.—The 

5 adjustment to become effective during fiscal year 2010 re6 quired by section 1009 of title 37, United States Code, 

7 in the rates of monthly basic pay authorized members of 

8 the uniformed services shall not be made. 

9 (b) INCREASE IN BASIC PAY.—Effective on January 

10 1, 2010, the rates of monthly basic pay for members of 

11 the uniformed services are increased by 3.4 percent. 

12 SEC. 602. SPECIAL MONTHLY COMPENSATION ALLOWANCE 

13 FOR MEMBERS WITH COMBAT-RELATED CAT14 ASTROPHIC INJURIES OR ILLNESSES PEND15 ING THEIR RETIREMENT OR SEPARATION 

16 FOR PHYSICAL DISABILITY. 

17 (a) IN GENERAL.—Chapter 7 of title 37, United 

18 States Code, is amended by adding at the end the fol19 lowing new section: 
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1 ‘‘§ 439. Special monthly compensation: members with 

2 combat-related catastrophic injuries or 

3 illnesses pending their retirement or sep4 aration for physical disability 

5 ‘‘(a) COMPENSATION AUTHORIZED.—(1) The Sec6 retary concerned may pay to any member of the uniformed 

7 services described in paragraph (2) a special monthly com8 pensation in an amount determined under subsection (b). 

9 ‘‘(2) Subject to paragraph (3), a member eligible for 

10 the compensation authorized by paragraph (1) is a mem11 ber— 

12 ‘‘(A) who has a combat-related catastrophic in13 jury or illness; and 

14 ‘‘(B) who has been certified by a licensed physi15 cian as being in need of assistance from another per16 son to perform the personal functions required in ev17 eryday living; and 

18 ‘‘(3) The Secretary of Defense (or the Secretary of 

19 Homeland Security, with respect to the Coast Guard) may 

20 establish additional eligibility criteria in the regulations re21 quired by subsection (e). 

22 ‘‘(b) AUTHORIZED AMOUNT OF COMPENSATION.—(1) 

23 The amount of the special monthly compensation author24 ized by subsection (a) shall be determined under criteria 

25 prescribed in the regulations required by subsection (e), 

26 except that the amount may not exceed the amount of the 
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1 aid and attendance allowance authorized by section 

2 1114(r) of title 38 for veterans in need of regular aid and 

3 attendance. 

4 ‘‘(2) In determining the amount of the special month5 ly compensation to be provided to a member, the Secretary 

6 concerned shall consider the extent to which— 

7 ‘‘(A) home health care and related services are 

8 being provided to the member by the Government; 

9 and 

10 ‘‘(B) aid and attendance services are being pro11 vided by family and friends of the member who may 

12 be compensated with funds provided through the 

13 special monthly compensation authorized by this sec14 tion. 

15 ‘‘(c) TERMINATION.—The eligibility of a member to 

16 receive special monthly compensation under subsection (a) 

17 terminates on the earlier of the following: 

18 ‘‘(1) The first month following the end of the 

19 90-day period beginning on the date of the separa20 tion or retirement of the member. 

21 ‘‘(2) The first month beginning after the death 

22 of the member. 

23 ‘‘(3) The first month beginning after the date 

24 on which the member is determined to be no longer 

25 afflicted with a catastrophic injury or illness. 
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1 ‘‘(d) DEFINITIONS.—In this section: 

2 ‘‘(1) The term ‘catastrophic injury or illness’ 

3 means a permanent, severely disabling injury, dis4 order, or illness that the Secretary concerned deter5 mines compromises the ability of the afflicted person 

6 to carry out the activities of daily living to such a 

7 degree that the person requires— 

8 ‘‘(A) personal or mechanical assistance to 

9 leave home or bed; or 

10 ‘‘(B) constant supervision to avoid physical 

11 harm to self or others. 

12 ‘‘(2) The term ‘combat-related’, with respect to 

13 a catastrophic injury or illness, means a wound, in14 jury, or illness for which the member involved was 

15 awarded the Purple Heart or that was incurred as 

16 described in section 1413a(e)(2) of title 10. 

17 ‘‘(e) REGULATIONS.—The Secretary of Defense (or 

18 the Secretary of Homeland Security, with respect to the 

19 Coast Guard) shall prescribe regulations to carry out this 

20 section.’’. 

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

22 at the beginning of such chapter is amended by adding 

23 at the end the following new item: 

‘‘439. Special monthly compensation: members with combat-related catastrophic 

injuries or illnesses pending their retirement or separation for 

physical disability.’’. 
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1 SEC. 603. STABILIZATION OF PAY AND ALLOWANCES FOR 

2 SENIOR ENLISTED MEMBERS AND WARRANT 

3 OFFICERS APPOINTED AS OFFICERS AND OF4 FICERS REAPPOINTED IN A LOWER GRADE. 

5 (a) IN GENERAL.—Section 907 of title 37, United 

6 States Code, is amended to read as follows: 

7 ‘‘§ 907. Members appointed or reappointed as officers: 

8 no reduction in pay and allowances 

9 ‘‘(a) STABILIZATION OF PAY AND ALLOWANCES.—A 

10 member of the armed forces who accepts an appointment 

11 or reappointment as an officer without a break in service 

12 shall, for service as an officer, be paid the greater of— 

13 ‘‘(1) the pay and allowances to which the officer 

14 is entitled as an officer; or 

15 ‘‘(2) the pay and allowances to which the officer 

16 would be entitled if the officer were in the last grade 

17 the officer held before the appointment or reappoint18 ment as an officer. 

19 ‘‘(b) COVERED PAYS.—(1) Subject to paragraphs (2) 

20 and (3), for the purposes of this section, the pay of a grade 

21 formerly held by an officer described in subsection (a) in22 clude special and incentive pays under chapter 5 of this 

23 title. 

24 ‘‘(2) In determining the amount of the pay of a grade 

25 formerly held by an officer, special and incentive pays may 

26 be considered only so long as the officer continues to per-
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1 form the duty that creates the entitlement to, or eligibility 

2 for, that pay and would otherwise be eligible to receive 

3 that pay in the former grade. 

4 ‘‘(3) Special and incentive pays that are dependent 

5 on a member being in an enlisted status may not be con6 sidered in determining the amount of the pay of a grade 

7 formerly held by an officer. 

8 ‘‘(c) COVERED ALLOWANCES.—(1) Subject to para9 graph (2), for the purposes of this section, the allowances 

10 of a grade formerly held by an officer described in sub11 section (a) include allowances under chapter 7 of this title. 

12 ‘‘(2) The clothing allowance under section 418 of this 

13 title may not be considered in determining the amount of 

14 the allowances of a grade formerly held by an officer de15 scribed in subsection (a) if the officer is entitled to a uni16 form allowance under section 415 of this title. 

17 ‘‘(d) RATES OF PAY AND ALLOWANCES.—For the 

18 purposes of this section, the rates of pay and allowances 

19 of a grade that an officer formerly held are those rates 

20 that the officer would be entitled to had the officer re21 mained in that grade and continued to receive the in22 creases in pay and allowances authorized for that grade, 

23 as otherwise provided in this title or other provisions of 

24 law.’’. 
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1 (b) CLERICAL AMENDMENT.—The table of sections 

2 at the beginning of chapter 17 of such title is amended 

3 by striking the item relating to section 907 and inserting 

4 the following new item: 

‘‘907. Members appointed or reappointed as officers: no reduction in pay and 

allowances.’’. 

5 SEC. 604. REPORT ON HOUSING STANDARDS USED TO DE6 TERMINE BASIC ALLOWANCE FOR HOUSING. 

7 (a) REPORT REQUIRED.—Not later than July 1, 

8 2010, the Secretary of Defense shall submit to the con9 gressional defense committees a report containing— 

10 (1) a review of the housing standards used to 

11 determine the monthly rates of basic allowance for 

12 housing under section 403 of title 37, United States 

13 Code; and 

14 (2) such recommended changes to the stand15 ards, including an estimate of the cost of each rec16 ommended change, as the Secretary considers appro17 priate. 

18 (b) ELEMENTS OF REVIEW.—The Secretary shall 

19 consider whether the housing standards are suitable in 

20 terms of— 

21 (1) recognizing the societal needs and expecta22 tions of families in the United States; 

23 (2) providing for an appropriate quality of life 

24 for members of the Armed Forces in all grades; and 
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1 (3) recognizing the appropriate rewards and 

2 prestige associated with promotion to higher military 

3 grades throughout the rank structure. 

4 Subtitle B—Bonuses and Special 

5 and Incentive Pays 

6 SEC. 611. ONE-YEAR EXTENSION OF CERTAIN BONUS AND 

7 SPECIAL PAY AUTHORITIES FOR RESERVE 

8 FORCES. 

9 The following sections of title 37, United States 

10 Code, are amended by striking ‘‘December 31, 2009’’ and 

11 inserting ‘‘December 31, 2010’’: 

12 (1) Section 308b(g), relating to Selected Re13 serve reenlistment bonus. 

14 (2) Section 308c(i), relating to Selected Reserve 

15 affiliation or enlistment bonus. 

16 (3) Section 308d(c), relating to special pay for 

17 enlisted members assigned to certain high-priority 

18 units. 

19 (4) Section 308g(f)(2), relating to Ready Re20 serve enlistment bonus for persons without prior 

21 service. 

22 (5) Section 308h(e), relating to Ready Reserve 

23 enlistment and reenlistment bonus for persons with 

24 prior service. 
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1 (6) Section 308i(f), relating to Selected Reserve 

2 enlistment and reenlistment bonus for persons with 

3 prior service. 

4 (7) Section 910(g), relating to income replace5 ment payments for reserve component members ex6 periencing extended and frequent mobilization for 

7 active duty service. 

8 SEC. 612. ONE-YEAR EXTENSION OF CERTAIN BONUS AND 

9 SPECIAL PAY AUTHORITIES FOR HEALTH 

10 CARE PROFESSIONALS. 

11 (a) TITLE 10 AUTHORITIES.—The following sections 

12 of title 10, United States Code, are amended by striking 

13 ‘‘December 31, 2009’’ and inserting ‘‘December 31, 

14 2010’’: 

15 (1) Section 2130a(a)(1), relating to nurse offi16 cer candidate accession program. 

17 (2) Section 16302(d), relating to repayment of 

18 education loans for certain health professionals who 

19 serve in the Selected Reserve. 

20 (b) TITLE 37 AUTHORITIES.—The following sections 

21 of title 37, United States Code, are amended by striking 

22 ‘‘December 31, 2009’’ and inserting ‘‘December 31, 

23 2010’’: 

24 (1) Section 302c-1(f), relating to accession and 

25 retention bonuses for psychologists. 
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1 (2) Section 302d(a)(1), relating to accession 

2 bonus for registered nurses. 

3 (3) Section 302e(a)(1), relating to incentive 

4 special pay for nurse anesthetists. 

5 (4) Section 302g(e), relating to special pay for 

6 Selected Reserve health professionals in critically 

7 short wartime specialties. 

8 (5) Section 302h(a)(1), relating to accession 

9 bonus for dental officers. 

10 (6) Section 302j(a), relating to accession bonus 

11 for pharmacy officers. 

12 (7) Section 302k(f), relating to accession bonus 

13 for medical officers in critically short wartime spe14 cialties. 

15 (8) Section 302l(g), relating to accession bonus 

16 for dental specialist officers in critically short war17 time specialties. 

18 SEC. 613. ONE-YEAR EXTENSION OF SPECIAL PAY AND 

19 BONUS AUTHORITIES FOR NUCLEAR OFFI20 CERS. 

21 The following sections of title 37, United States 

22 Code, are amended by striking ‘‘December 31, 2009’’ and 

23 inserting ‘‘December 31, 2010’’: 
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1 (1) Section 312(f), relating to special pay for 

2 nuclear-qualified officers extending period of active 

3 service. 

4 (2) Section 312b(c), relating to nuclear career 

5 accession bonus. 

6 (3) Section 312c(d), relating to nuclear career 

7 annual incentive bonus. 

8 SEC. 614. ONE-YEAR EXTENSION OF AUTHORITIES RELAT9 ING TO TITLE 37 CONSOLIDATED SPECIAL 

10 PAY, INCENTIVE PAY, AND BONUS AUTHORI11 TIES. 

12 The following sections of title 37, United States 

13 Code, are amended by striking ‘‘December 31, 2009’’ and 

14 inserting ‘‘December 31, 2010’’: 

15 (1) Section 331(h), relating to general bonus 

16 authority for enlisted members. 

17 (2) Section 332(g), relating to general bonus 

18 authority for officers. 

19 (3) Section 333(i), relating to special bonus and 

20 incentive pay authorities for nuclear officers. 

21 (4) Section 334(i), relating to special aviation 

22 incentive pay and bonus authorities for officers. 

23 (5) Section 335(k), relating to special bonus 

24 and incentive pay authorities for officers in health 

25 professions. 
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1 (6) Section 351(i), relating to hazardous duty 

2 pay. 

3 (7) Section 352(g), relating to assignment pay 

4 or special duty pay. 

5 (8) Section 353(j), relating to skill incentive 

6 pay or proficiency bonus. 

7 (9) Section 355(i), relating to retention incen8 tives for members qualified in critical military skills 

9 or assigned to high priority units. 

10 SEC. 615. ONE-YEAR EXTENSION OF AUTHORITIES RELAT11 ING TO PAYMENT OF OTHER TITLE 37 BO12 NUSES AND SPECIAL PAY. 

13 The following sections of chapter 5 of title 37, United 

14 States Code, are amended by striking ‘‘December 31, 

15 2009’’ and inserting ‘‘December 31, 2010’’: 

16 (1) Section 301b(a), relating to aviation officer 

17 retention bonus. 

18 (2) Section 307a(g), relating to assignment in19 centive pay. 

20 (3) Section 308(g), relating to reenlistment 

21 bonus for active members. 

22 (4) Section 309(e), relating to enlistment 

23 bonus. 

24 (5) Section 324(g), relating to accession bonus 

25 for new officers in critical skills. 
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1 (6) Section 326(g), relating to incentive bonus 

2 for conversion to military occupational specialty to 

3 ease personnel shortage. 

4 (7) Section 327(h), relating to incentive bonus 

5 for transfer between armed forces. 

6 (8) Section 330(f), relating to accession bonus 

7 for officer candidates. 

8 SEC. 616. ONE-YEAR EXTENSION OF AUTHORITIES RELAT9 ING TO PAYMENT OF REFERRAL BONUSES. 

10 The following sections of title 10, United States 

11 Code, are amended by striking ‘‘December 31, 2009’’ and 

12 inserting ‘‘December 31, 2010’’: 

13 (1) Section 1030(i), relating to health profes14 sions referral bonus. 

15 (2) Section 3252(h), relating to Army referral 

16 bonus. 

17 SEC. 617. TECHNICAL CORRECTIONS AND CONFORMING 

18 AMENDMENTS TO RECONCILE CONFLICTING 

19 AMENDMENTS REGARDING CONTINUED PAY20 MENT OF BONUSES AND SIMILAR BENEFITS 

21 FOR CERTAIN MEMBERS. 

22 (a) TECHNICAL CORRECTIONS TO RECONCILE CON23 FLICTING AMENDMENTS.—Section 303a(e) of title 37, 

24 United States Code, is amended— 
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1 (1) in paragraph (1)(A), by striking ‘‘paragraph 

2 (2)’’ and inserting ‘‘paragraphs (2) and (3)’’; 

3 (2) by redesignating paragraphs (3) and (4) as 

4 paragraphs (4) and (5), respectively; 

5 (3) in paragraph (5), as so redesignated, by 

6 striking ‘‘paragraph (3)(B)’’ and inserting ‘‘para7 graph (4)(B)’’; 

8 (4) by redesignating paragraph (2), as added by 

9 section 651(b) of the Duncan Hunter National De10 fense Authorization Act for Fiscal Year 2009 (Pub11 lic Law 110–417; 122 Stat. 4495), as paragraph 

12 (3); and 

13 (5) by redesignating the second subparagraph 

14 (B) of paragraph (1), originally added as paragraph 

15 (2) by section 2(a)(3) of the Hubbard Act (Public 

16 Law 110–317; 122 Stat. 3526) and erroneously des17 ignated as subparagraph (B) by section 651(a)(3) of 

18 the Duncan Hunter National Defense Authorization 

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

20 Stat. 4495), as paragraph (2). 

21 (b) INCLUSION OF HUBBARD ACT AMENDMENT IN

22 CONSOLIDATED SPECIAL PAY AND BONUS AUTHORI23 TIES.—Section 373(b) of such title is amended— 
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1 (1) in paragraph (2), by striking the paragraph 

2 heading and inserting ‘‘SPECIAL RULE FOR DE3 CEASED AND DISABLED MEMBERS.—’’; and 

4 (2) by adding at the end the following new 

5 paragraph: 

6 ‘‘(3) SPECIAL RULE FOR MEMBERS WHO RE7 CEIVE SOLE SURVIVORSHIP DISCHARGE.—(A) If a 

8 member of the uniformed services receives a sole 

9 survivorship discharge, the Secretary concerned— 

10 ‘‘(i) shall not require repayment by the 

11 member of the unearned portion of any bonus, 

12 incentive pay, or similar benefit previously paid 

13 to the member; and 

14 ‘‘(ii) may grant an exception to the re15 quirement to terminate the payment of any un16 paid amounts of a bonus, incentive pay, or simi17 lar benefit if the Secretary concerned deter18 mines that termination of the payment of the 

19 unpaid amounts would be contrary to a per20 sonnel policy or management objective, would 

21 be against equity and good conscience, or would 

22 be contrary to the best interests of the United 

23 States. 

24 ‘‘(B) In this paragraph, the term ‘sole survivor25 ship discharge’ means the separation of a member 
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1 from the Armed Forces, at the request of the mem2 ber, pursuant to the Department of Defense policy 

3 permitting the early separation of a member who is 

4 the only surviving child in a family in which— 

5 ‘‘(i) the father or mother or one or more 

6 siblings— 

7 ‘‘(I) served in the Armed Forces; and 

8 ‘‘(II) was killed, died as a result of 

9 wounds, accident, or disease, is in a cap10 tured or missing in action status, or is per11 manently 100 percent disabled or hospital12 ized on a continuing basis (and is not em13 ployed gainfully because of the disability or 

14 hospitalization); and 

15 ‘‘(ii) the death, status, or disability did not 

16 result from the intentional misconduct or willful 

17 neglect of the parent or sibling and was not in18 curred during a period of unauthorized ab19 sence.’’. 
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1 SEC. 618. PRORATION OF CERTAIN SPECIAL AND INCEN2 TIVE PAYS TO REFLECT TIME DURING WHICH 

3 A MEMBER SATISFIES ELIGIBILITY REQUIRE4 MENTS FOR THE SPECIAL OR INCENTIVE 

5 PAY. 

6 (a) SPECIAL PAY FOR DUTY SUBJECT TO HOSTILE

7 FIRE OR IMMINENT DANGER.—Section 310 of title 37, 

8 United States Code, is amended— 

9 (1) in subsection (a)— 

10 (A) by striking ‘‘AND SPECIAL PAY

11 AMOUNT’’ in the subsection heading; and 

12 (B) by striking ‘‘at the rate of $225 for 

13 any month’’ in the matter preceding paragraph 

14 (1) and inserting ‘‘under subsection (b) for any 

15 month or portion of a month’’; 

16 (2) in subsection (c), by striking paragraph (3); 

17 (3) by redesignating subsections (b), (c), and 

18 (d) as subsections (c), (d), and (e), respectively; and 

19 (4) by inserting after subsection (a) the fol20 lowing new subsection: 

21 ‘‘(b) SPECIAL PAY AMOUNT; PRORATION.—(1) The 

22 special pay authorized by subsection (a) may not exceed 

23 $225 a month. 

24 ‘‘(2) Except as provided in subsection (c), if a mem25 ber does not satisfy the eligibility requirements specified 

26 in paragraphs (1) and (2) of subsection (a) for an entire 
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1 month for receipt of special pay under subsection (a), the 

2 Secretary concerned may prorate the payment amount to 

3 reflect the duration of the member’s actual qualifying 

4 service during the month.’’. 

5 (b) HAZARDOUS DUTY PAY.—Section 351 of such 

6 title is amended— 

7 (1) by striking subsections (c) and (d) and re8 designating subsections (e) through (i) as sub9 sections (d) through (h), respectively; and 

10 (2) by inserting after subsection (b) the fol11 lowing new subsection: 

12 ‘‘(c) METHOD OF PAYMENT; PRORATION.— 

13 ‘‘(1) MONTHLY PAYMENT.—Subject to para14 graph (2), hazardous duty pay shall be paid on a 

15 monthly basis. 

16 ‘‘(2) PRORATION.—If a member does not sat17 isfy the eligibility requirements specified in para18 graph (1), (2), or (3) of subsection (a) for an entire 

19 month for receipt of hazardous duty pay, the Sec20 retary concerned may prorate the payment amount 

21 to reflect the duration of the member’s actual quali22 fying service during the month.’’. 

23 (c) ASSIGNMENT OR SPECIAL DUTY PAY.—Section 

24 352(b)(1) of such title is amended by adding at the end 

25 the following new sentence: ‘‘If paid monthly, the Sec-
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1 retary concerned may prorate the monthly amount of the 

2 assignment or special duty pay for a member who does 

3 not satisfy the eligibility requirement for an entire month 

4 to reflect the duration of the member’s actual qualifying 

5 service during the month.’’. 

6 (d) SKILL INCENTIVE PAY.—Section 353 of such title 

7 is amended— 

8 (1) by striking subsection (f) and redesignating 

9 subsections (g) through (j) as subsections (f) 

10 through (i), respectively; and 

11 (2) in subsection (c), by striking paragraph (1) 

12 and inserting the following new paragraph: 

13 ‘‘(1) SKILL INCENTIVE PAY.—(A) Skill incen14 tive pay under subsection (a) may not exceed $1,000 

15 a month. 

16 ‘‘(B) If a member does not satisfy the eligibility 

17 requirements specified in paragraphs (1) and (2) of 

18 subsection (a) for an entire month for receipt of skill 

19 incentive pay, the Secretary concerned may prorate 

20 the payment amount to reflect the duration of the 

21 member’s actual qualifying service during the 

22 month. A member of a reserve component entitled to 

23 compensation under section 206 of this title who is 

24 authorized skill incentive pay under subsection (a) 

25 may be paid an amount of such pay that is propor-
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1 tionate to the compensation received by the member 

2 under section 206 of this title for inactive-duty 

3 training.’’. 

4 (e) APPLICATION OF AMENDMENTS.—The amend5 ments made by this section shall apply with respect to 

6 months beginning 90 or more days after the date of the 

7 enactment of this Act. 

8 SEC. 619. ADDITIONAL SPECIAL PAYS AND BONUSES AU9 THORIZED FOR MEMBERS AGREEING TO 

10 SERVE IN AFGHANISTAN FOR THE DURATION 

11 OF THE UNITED STATES MISSION. 

12 (a) AUTHORITY TO DEVELOP DEMONSTRATION PRO13 GRAM.—Notwithstanding the limitations specified in sub14 section (b) of section 352 of title 37, United States Code, 

15 on the maximum amount of assignment or special duty 

16 pay that may be paid to a member of the Armed Forces 

17 under such section, the Secretary of Defense may develop 

18 a program to provide additional special pays and bonuses 

19 to members (particularly members who score a 4.0 on the 

20 Foreign Service Institute test for the dominant languages 

21 of Pashto and Dari) who agree to serve on active duty 

22 in Afghanistan for 6 years or the duration of the United 

23 States mission in Afghanistan, whichever occurs first. The 

24 assignment period required by the agreement shall provide 

25 for reasonable periods of leave. 
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1 (b) RELATION TO OTHER AUTHORITIES.—A pro2 gram developed under subsection (a) may be provided— 

3 (1) without regard to the lack of specific au4 thority for the program or policy under title 10 or 

5 title 37, United States Code; and 

6 (2) notwithstanding any provision of such titles, 

7 or any rule or regulation prescribed under such pro8 vision, relating to methods of— 

9 (A) determining requirements for oper10 ational assignment stability; and 

11 (B) establishing programs to achieve great12 er stability when operational requirements so 

13 dictate. 

14 (c) WAIVER OF OTHERWISE APPLICABLE LAWS.— 

15 Except as provided in subsection (a), a provision of title 

16 10 or title 37, United States Code, may not be waived 

17 with respect to, or otherwise determined to be inapplicable 

18 to, a program developed under subsection (a) without the 

19 approval of the Secretary of Defense. 

20 (d) NOTICE AND WAIT REQUIREMENT.—A program 

21 initiated under subsection (a) may not be implemented 

22 until— 

23 (1) the Secretary of the Defense submits to 

24 Congress— 
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1 (A) a description of the program, including 

2 the purpose and the expected benefit to the 

3 Government; 

4 (B) a description of the provisions of titles 

5 10, or 37, United States Code, from which the 

6 program would require a waiver, and the ration7 ale to support the waiver; 

8 (C) a statement of the anticipated out9 comes as a result of implementing the program; 

10 and 

11 (D) the method to be used to evaluate the 

12 effectiveness of the program. 

13 (e) DURATION OF DEVELOPED PROGRAM.—A pro14 gram developed under subsection (a) may be provided for 

15 not longer than a three-year period beginning on the im16 plementation date, except that the Secretary of Defense 

17 may extend the period if the Secretary determines that 

18 additional time is needed to fully evaluate the effectiveness 

19 of the program. 

20 (f) REPORTING REQUIREMENTS.— 

21 (1) REPORT.—The Secretary shall submit to 

22 Congress an annual report on the program provided 

23 under subsection (a) during the preceding year, in24 cluding— 
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1 (A) a description of any programs devel2 oped and fielded under subsection (a) during 

3 that fiscal year; and 

4 (B) an assessment of the impact of the 

5 programs on the effectiveness and efficiency in 

6 achieving the United States mission in Afghani7 stan. 

8 (g) TERMINATION OF AUTHORITY.—Subject to sub9 section (e), the authority to carry out a program under 

10 this section expires on December 31, 2012. 

11 Subtitle C—Travel and 

12 Transportation Allowances 

13 SEC. 631. TRANSPORTATION OF ADDITIONAL MOTOR VEHI14 CLE OF MEMBERS ON CHANGE OF PERMA15 NENT STATION TO OR FROM NONFOREIGN 

16 AREAS OUTSIDE THE CONTINENTAL UNITED 

17 STATES. 

18 (a) AUTHORITY TO TRANSPORT ADDITIONAL MOTOR

19 VEHICLE.—Subsection (a) of section 2634 of title 10, 

20 United States Code, is amended— 

21 (1) by striking the sentence following paragraph 

22 (4); 

23 (2) by redesignating paragraphs (1), (2), (3), 

24 and (4) as subparagraphs (A), (B), (C), and (D), re25 spectively; 
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1 (3) by inserting ‘‘(1)’’ after ‘‘(a)’’; and 

2 (4) by adding at the end the following new 

3 paragraph: 

4 ‘‘(2) One additional motor vehicle of a member (or 

5 a dependent of the member) may be transported as pro6 vided in paragraph (1) if— 

7 ‘‘(A) the member is ordered to make a change 

8 of permanent station to or from a nonforeign area 

9 outside the continental United States and the mem10 ber has at least one dependent of driving age who 

11 will use the motor vehicle; or 

12 ‘‘(B) the Secretary concerned determines that a 

13 replacement for the motor vehicle transported under 

14 paragraph (1) is necessary for reasons beyond the 

15 control of the member and is in the interest of the 

16 United States and the Secretary approves the trans17 portation in advance.’’. 

18 (b) TECHNICAL AND CONFORMING AMENDMENTS.— 

19 Such subsection is further amended— 

20 (1) by striking ‘‘his dependents’’ and inserting 

21 ‘‘a dependent of the member’’; 

22 (2) by striking ‘‘him’’ and inserting ‘‘the mem23 ber’’; 

24 (3) by striking ‘‘his)’’ and inserting ‘‘the mem25 ber)’’; 
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1 (4) by striking ‘‘his new’’ and inserting ‘‘the 

2 member’s new’’; and 

3 (5) in paragraph (1)(C), as redesignated by 

4 subsection (a), by striking ‘‘clauses (1) and (2)’’ and 

5 inserting ‘‘subparagraphs (A) and (B)’’. 

6 (c) EFFECTIVE DATE.—Paragraph (2)(A) of sub7 section (a) of section 2634 of title 10, United States Code, 

8 as added by subsection (a)(4), shall apply with respect to 

9 orders issued on or after the date of the enactment of this 

10 Act for members of the Armed Forces to make a change 

11 of permanent station to or from nonforeign areas outside 

12 the continental United States. 

13 SEC. 632. TRAVEL AND TRANSPORTATION ALLOWANCES 

14 FOR DESIGNATED INDIVIDUALS OF WOUND15 ED, ILL, OR INJURED MEMBERS FOR DURA16 TION OF INPATIENT TREATMENT. 

17 (a) AUTHORITY TO PROVIDE TRAVEL TO DES18 IGNATED INDIVIDUALS.—Subsection (a) of section 411h 

19 of title 37, United States Code, is amended— 

20 (1) in paragraph (1)— 

21 (A) by striking ‘‘family members of a 

22 member described in paragraph (2)’’ and insert23 ing ‘‘individuals who, with respect to a member 

24 described in paragraph (2), are designated indi25 viduals for that member’’; 
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1 (B) by striking ‘‘that the presence of the 

2 family member’’ and inserting ‘‘that the pres3 ence of the designated individual’’; and 

4 (C) by striking ‘‘of family members’’ and 

5 inserting ‘‘of designated individuals’’; and 

6 (2) by adding at the end the following new 

7 paragraph: 

8 ‘‘(4) In the case of a designated individual who is also 

9 a member of the uniformed services, that member may be 

10 provided travel and transportation under this section in 

11 the same manner as a designated individual who is not 

12 a member.’’. 

13 (b) DEFINITION OF DESIGNATED INDIVIDUAL.— 

14 Subsection (b) of such section is amended by striking 

15 paragraphs (1) and (2) and inserting the following new 

16 paragraphs: 

17 ‘‘(1) In this section, the term ‘designated individual’, 

18 with respect to a member, means— 

19 ‘‘(A) an individual designated by the member 

20 for the purposes of this section; or 

21 ‘‘(B) in the case of a member who has not 

22 made a designation under subparagraph (A) and, as 

23 determined by the attending physician or surgeon, is 

24 not able to make such a designation, an individual 

25 who, as designated by the attending physician or 
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1 surgeon and the commander or head of the military 

2 medical facility exercising control over the member, 

3 is someone with a personal relationship to the mem4 ber whose presence would aid and support the health 

5 and welfare of the member during the duration of 

6 the member’s inpatient treatment. 

7 ‘‘(2) The designation of an individual as a designated 

8 individual for purposes of this section may be changed at 

9 any time.’’. 

10 (c) COVERAGE OF MEMBERS HOSPITALIZED OUT11 SIDE THE UNITED STATES WHO WERE WOUNDED OR IN12 JURED IN A COMBAT OPERATION OR COMBAT ZONE.— 

13 (1) COVERAGE FOR HOSPITALIZATION OUTSIDE

14 THE UNITED STATES.—Subparagraph (B) of section 

15 (a)(2) of such section is amended— 

16 (A) in clause (i), by striking ‘‘in or outside 

17 the United States’’; and 

18 (B) in clause (ii), by striking ‘‘in the 

19 United States’’. 

20 (2) CLARIFICATION OF MEMBERS COVERED.— 

21 Such subparagraph is further amended— 

22 (A) in clause (i), by inserting ‘‘seriously 

23 wounded,’’ after ‘‘(i) is’’; and 

24 (B) in clause (ii)— 
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1 (i) by striking ‘‘an injury’’ and insert2 ing ‘‘a wound or an injury’’; and 

3 (ii) by striking ‘‘that injury’’ and in4 serting ‘‘that wound or injury’’. 

5 (d) FREQUENCY OF AUTHORIZED TRAVEL.—Para6 graph (3) of subsection (a) of such section is amended 

7 to read as follows: 

8 ‘‘(3)(A) Not more than a total of three round trips 

9 may be provided under paragraph (1) in any 60-day period 

10 at Government expense to the individuals who are the des11 ignated individuals of a member during that period. 

12 ‘‘(B) If the Secretary concerned has waived the limi13 tation in paragraph (1) on the number of designated indi14 viduals for a member, then for any 60-day period during 

15 which the waiver is in effect, the limitation in subpara16 graph (A) shall be adjusted accordingly. 

17 ‘‘(C) During any period during which there is in ef18 fect a non-medical attendant designation for a member, 

19 not more than a total of two round trips may be provided 

20 under paragraph (1) in any 60-day period at Government 

21 expense until a non-medical attendant is no longer des22 ignated or that designation transfers to another indi23 vidual, in which case during the transfer period three 

24 round trips may be provided.’’. 
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1 (e) STYLISTIC AND CONFORMING AMENDMENTS.— 

2 Such section is further amended— 

3 (1) in subsection (a), by inserting ‘‘TRAVEL

4 AND TRANSPORTATION AUTHORIZED.—’’ after 

5 ‘‘(a)’’; 

6 (2) in subsection (b), by inserting ‘‘DEFINI7 TIONS.—’’ after ‘‘(b)’’; 

8 (3) in subsection (c)— 

9 (A) by inserting ‘‘ROUND TRIP TRANSPOR10 TATION AND PER DIEM ALLOWANCE.—’’ after 

11 ‘‘(c)’’; and 

12 (B) in paragraph (1), by striking ‘‘family 

13 member’’ and inserting ‘‘designated individual’’; 

14 and 

15 (4) in subsection (d), by inserting ‘‘METHOD OF

16 TRANSPORTATION AUTHORIZED.—’’ after ‘‘(d)’’. 

17 (f) CLERICAL AMENDMENTS.— 

18 (1) SECTION HEADING.—The heading of such 

19 section is amended to read as follows: 

20 ‘‘§ 411h. Travel and transportation allowances: trans21 portation of designated individuals inci22 dent to hospitalization of members for 

23 treatment of wounds, illness, or injury’’. 

24 (2) TABLE OF SECTIONS.—The table of sections 

25 at the beginning of chapter 7 of such title is amend-
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1 ed by striking the item relating to section 411h and 

2 inserting the following new item: 

‘‘411h. Travel and transportation allowances: transportation of designated individuals incident to hospitalization of members for treatment of 

wounds, illness, or injury.’’. 

3 (g) CONFORMING AMENDMENT TO WOUNDED WAR4 RIOR ACT.—Paragraph (4) of section 1602 of the Wound5 ed Warrior Act (title XVI of Public Law 110–181; 10 

6 U.S.C. 1071 note) is amended to read as follows: 

7 ‘‘(4) ELIGIBLE FAMILY MEMBER.—(A) The 

8 term ‘eligible family member’ means a family mem9 ber who is on invitational travel orders or serving as 

10 a non-medical attendee while caring for a recovering 

11 service member for more than 45 days during a one12 year period. 

13 ‘‘(B) For purposes of subparagraph (A), the 

14 term ‘family member’, with respect to a recovering 

15 service member, means the following: 

16 ‘‘(i) The member’s spouse. 

17 ‘‘(ii) Children of the member (including 

18 stepchildren, adopted children, and illegitimate 

19 children). 

20 ‘‘(iii) Parents of the member or persons in 

21 loco parentis to the member, including fathers 

22 and mothers through adoption and persons who 

23 stood in loco parentis to the member for a pe24 riod not less than 1 year immediately before the 
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1 member entered the uniformed service, except 

2 that only one father and one mother or their 

3 counterparts in loco parentis may be recognized 

4 in any one case. 

5 ‘‘(iv) Siblings of the member. Such term 

6 includes a person related to the member as de7 scribed in clause (i), (ii), (iii), or (iv) who is 

8 also a member of the uniformed services.’’. 

9 (h) APPLICABILITY OF AMENDMENTS.—No reim10 bursement may be provided under section 411h of title 37, 

11 United States Code, by reason of the amendments made 

12 by this section for travel and transportation costs incurred 

13 before the date of the enactment of this Act. 

14 SEC. 633. AUTHORIZED TRAVEL AND TRANSPORTATION AL15 LOWANCES FOR NON-MEDICAL ATTENDANTS 

16 FOR VERY SERIOUSLY AND SERIOUSLY 

17 WOUNDED, ILL, OR INJURED MEMBERS. 

18 (a) PAYMENT OF TRAVEL COSTS AUTHORIZED.— 

19 (1) IN GENERAL.—Chapter 7 of title 37, United 

20 States Code, is amended by inserting after section 

21 411j the following new section: 
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1 ‘‘§ 411k. Travel and transportation allowances: non2 medical attendants for members who are 

3 determined to be very seriously or seri4 ously wounded, ill, or injured 

5 ‘‘(a) ALLOWANCE FOR NON-MEDICAL ATTEND6 ANT.—(1) Under uniform regulations prescribed by the 

7 Secretaries concerned, travel and transportation described 

8 in subsection (d) may be provided for a qualified non-med9 ical attendant for a covered member of the uniformed serv10 ices described in subsection (c) if the attending physician 

11 or surgeon and the commander or head of the military 

12 medical facility exercising control over the member deter13 mine that the presence of such an attendant may con14 tribute to the member’s health and welfare. 

15 ‘‘(b) QUALIFIED NON-MEDICAL ATTENDANT.—For 

16 purposes of this section, a qualified non-medical attend17 ant, with respect to a covered member, is an individual 

18 who— 

19 ‘‘(1) is designated by the member to be a non20 medical attendant for the member for purposes of 

21 this section; and 

22 ‘‘(2) is determined by the attending physician 

23 or surgeon and the commander or head of the mili24 tary medical facility to be appropriate to serve as a 

25 non-medical attendant for the member and whose 
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1 presence may contribute to the health and welfare of 

2 the member. 

3 ‘‘(c) COVERED MEMBERS.—A member of the uni4 formed services covered by this section is a member who— 

5 ‘‘(1) as a result of a wound, illness, or injury, 

6 has been determined by the attending physician or 

7 surgeon to be in the category known as ‘very seri8 ously wounded, ill, or injured’ or ‘seriously wounded, 

9 ill, or injured’; and 

10 ‘‘(2) is hospitalized for treatment of the wound, 

11 illness, or injury or requires continuing outpatient 

12 treatment for the wound, illness, or injury. 

13 ‘‘(d) AUTHORIZED TRAVEL AND TRANSPOR14 TATION.—(1) The transportation authorized by subsection 

15 (a) for a qualified non-medical attendant for a member 

16 is round-trip transportation between the home of the at17 tendant and the location at which the member is receiving 

18 treatment and may include transportation, while accom19 panying the member, to any other location to which the 

20 member is subsequently transferred for further treatment. 

21 A designated non-medical attendant under this section 

22 may not also be a designated individual for travel and 

23 transportation allowances section 411h(a) of this title. 

24 ‘‘(2) The transportation authorized by subsection (a) 

25 includes any travel necessary to obtain treatment for the 
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1 member at the location to which the member is perma2 nently assigned. 

3 ‘‘(3) In addition to the transportation authorized by 

4 subsection (a), the Secretary concerned may provide a per 

5 diem allowance or reimbursement for the actual and nec6 essary expenses of the travel, or a combination thereof, 

7 but not to exceed the rates established under section 

8 404(d) of this title. 

9 ‘‘(4) The transportation authorized by subsection (a) 

10 may be provided by any of the following means: 

11 ‘‘(A) Transportation in-kind. 

12 ‘‘(B) A monetary allowance in place of trans13 portation in-kind at a rate to be prescribed by the 

14 Secretaries concerned. 

15 ‘‘(C) Reimbursement for the commercial cost of 

16 transportation. 

17 ‘‘(5) An allowance payable under this subsection may 

18 be paid in advance. 

19 ‘‘(6) Reimbursement payable under this subsection 

20 may not exceed the cost of Government-procured commer21 cial round-trip air travel.’’. 

22 (2) CLERICAL AMENDMENT.—The table of sec23 tions at the beginning of such chapter is amended 

24 by inserting after the item related to section 411j 

25 the following new item: 
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‘‘411k. Travel and transportation allowances: non-medical attendants for members determined to be very seriously or seriously wounded, ill, 

or injured.’’. 

1 (b) APPLICABILITY.—No reimbursement may be pro2 vided under section 411k of title 37, United States Code, 

3 as added by subsection (a), for travel and transportation 

4 costs incurred before the date of the enactment of this 

5 Act. 

6 SEC. 634. INCREASED WEIGHT ALLOWANCE FOR TRANS7 PORTATION OF BAGGAGE AND HOUSEHOLD 

8 EFFECTS FOR CERTAIN ENLISTED MEMBERS. 

9 (a) ALLOWANCE.—The table in section 406(b)(1)(C) 

10 of title 37, United States Code, is amended by striking 

11 the items relating to pay grades E–5 through E–9 and 

12 inserting the following new items: 

Pay Grade Without Dependents With Dependents 

‘‘E–9 13,500 15,500 

E–8 12,500 14,500 

E–7 11,500 13,500 

E–6 8,500 11,500 

E–5 7,500 9,500’’. 

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

14 subsection (a) shall take effect on October 1, 2009. 

15 (c) FUNDING SOURCE.—Of the amounts authorized 

16 to be appropriated to the Department of Defense for mili17 tary personnel accounts for fiscal year 2010, not more 

18 than $31,000,000 shall be available to cover the additional 

19 costs incurred to implement the amendment made by sub20 section (a). 
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1 Subtitle D—Retired Pay and 

2 Survivor Benefits 

3 SEC. 641. RECOMPUTATION OF RETIRED PAY AND ADJUST4 MENT OF RETIRED GRADE OF RESERVE RE5 TIREES TO REFLECT SERVICE AFTER RE6 TIREMENT. 

7 (a) RECOMPUTATION OF RETIRED PAY.—Section 

8 12739 of title 10, United States Code, is amended by add9 ing at the end the following new subsection: 

10 ‘‘(e)(1) If a member of the Retired Reserve is recalled 

11 to an active status in the Selected Reserve of the Ready 

12 Reserve under section 10145(d) of this title and completes 

13 not less than two years of service in such active status, 

14 the member is entitled to the recomputation under this 

15 section of the retired pay of the member. 

16 ‘‘(2) The Secretary concerned may reduce the two17 year service requirement specified in paragraph (1) in the 

18 case of a member who— 

19 ‘‘(A) is recalled to serve in a position of adju20 tant general required under section 314 of title 32 

21 or in a position of assistant adjutant general subor22 dinate to such a position of adjutant general; 

23 ‘‘(B) completes at least 6 months of service in 

24 such position; and 
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1 ‘‘(C) fails to complete the minimum two years 

2 of service solely because the appointment of the 

3 member to such position is terminated or vacated as 

4 described in section 324(b) of title 32.’’. 

5 (b) ADJUSTMENT OF RETIRED GRADE.—Section 

6 12771 of such title is amended— 

7 (1) by striking ‘‘Unless’’ and inserting ‘‘(a) 

8 GRADE ON TRANSFER.—Unless’’; and 

9 (2) by adding at the end the following new sub10 section: 

11 ‘‘(b) EFFECT OF SUBSEQUENT RECALL TO ACTIVE

12 STATUS.—(1) If a member of the Retired Reserve who 

13 is a commissioned officer is recalled to an active status 

14 in the Selected Reserve of the Ready Reserve under sec15 tion 10145(d) of this title and completes not less than two 

16 years of service in such active status, the member is enti17 tled to an adjustment in the retired grade of the member 

18 in the manner provided in section 1370(d) of this title. 

19 ‘‘(2) The Secretary concerned may reduce the two20 year service requirement specified in paragraph (1) in the 

21 case of a member who— 

22 ‘‘(A) is recalled to serve in a position of adju23 tant general required under section 314 of title 32 

24 or in a position of assistant adjutant general subor25 dinate to such a position of adjutant general; 
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1 ‘‘(B) completes at least 6 months of service in 

2 such position; and 

3 ‘‘(C) fails to complete the minimum two years 

4 of service solely because the appointment of the 

5 member to such position is terminated or vacated as 

6 described in section 324(b) of title 32.’’. 

7 (c) RETROACTIVE APPLICABILITY.—The amend8 ments made by this section shall take effect as of January 

9 1, 2008. 

10 SEC. 642. ELECTION TO RECEIVE RETIRED PAY FOR NON11 REGULAR SERVICE UPON RETIREMENT FOR 

12 SERVICE IN AN ACTIVE RESERVE STATUS 

13 PERFORMED AFTER ATTAINING ELIGIBILITY 

14 FOR REGULAR RETIREMENT. 

15 (a) ELECTION AUTHORITY; REQUIREMENTS.—Sub16 section (a) of section 12741 of title 10, United States 

17 Code, is amended to read as follows: 

18 ‘‘(a) AUTHORITY TO ELECT TO RECEIVE RESERVE

19 RETIRED PAY.—(1) Notwithstanding the requirement in 

20 paragraph (4) of section 12731(a) of this title that a per21 son may not receive retired pay under this chapter when 

22 the person is entitled, under any other provision of law, 

23 to retired pay or retainer pay, a person may elect to re24 ceive retired pay under this chapter, instead of receiving 
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1 retired or retainer pay under chapter 65, 367, 571, or 867 

2 of this title, if the person— 

3 ‘‘(A) satisfies the requirements specified in 

4 paragraphs (1) and (2) of such section for entitle5 ment to retired pay under this chapter; 

6 ‘‘(B) served in an active status in the Selected 

7 Reserve of the Ready Reserve after becoming eligible 

8 for retirement under chapter 65, 367, 571, or 867 

9 of this title (without regard to whether the person 

10 actually retired or received retired or retainer pay 

11 under one of those chapters); and 

12 ‘‘(C) completed not less than two years of satis13 factory service (as determined by the Secretary con14 cerned) in such active status (excluding any period 

15 of active service). 

16 ‘‘(2) The Secretary concerned may reduce the min17 imum two-year service requirement specified in paragraph 

18 (1)(C) in the case of a person who— 

19 ‘‘(A) completed at least 6 months of service in 

20 a position of adjutant general required under section 

21 314 of title 32 or in a position of assistant adjutant 

22 general subordinate to such a position of adjutant 

23 general; and 

24 ‘‘(B) failed to complete the minimum years of 

25 service solely because the appointment of the person 
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1 to such position was terminated or vacated as de2 scribed in section 324(b) of title 32.’’. 

3 (b) ACTIONS TO EFFECTUATE ELECTION.—Sub4 section (b) of such section is amended by striking para5 graph (1) and inserting the following new paragraph: 

6 ‘‘(1) terminate the eligibility of the person to 

7 retire under chapter 65, 367, 571, or 867 of this 

8 title, if the person is not already retired under one 

9 of those chapters, and terminate entitlement of the 

10 person to retired or retainer pay under one of those 

11 chapters, if the person was already receiving retired 

12 or retainer pay under one of those chapters; and’’. 

13 (c) CONFORMING AMENDMENT TO REFLECT NEW

14 VARIABLE AGE REQUIREMENT FOR RETIREMENT.—Sub15 section (d) of such section is amended— 

16 (1) in paragraph (1), by striking ‘‘attains 60 

17 years of age’’ and inserting ‘‘attains the eligibility 

18 age applicable to the person under section 12731(f) 

19 of this title’’; and 

20 (2) in paragraph (2)(A), by striking ‘‘attains 60 

21 years of age’’ and inserting ‘‘attains the eligibility 

22 age applicable to the person under such section’’. 

23 (d) CLERICAL AMENDMENTS.— 
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1 (1) SECTION HEADING.—The heading for sec2 tion 12741 of such title is amended to read as fol3 lows: 

4 ‘‘§ 12741. Retirement for service in an active status 

5 performed in the Selected Reserve of the 

6 Ready Reserve after eligibility for reg7 ular retirement’’. 

8 (2) TABLE OF SECTIONS.—The table of sections 

9 at the beginning of chapter 1223 of such title is 

10 amended by striking the item relating to section 

11 12741 and inserting the following new item: 

‘‘12741. Retirement for service in an active status performed in the Selected Reserve of the Ready Reserve after eligibility for regular retirement.’’. 

12 (e) RETROACTIVE APPLICABILITY.—The amend13 ments made by this section shall take effect as of January 

14 1, 2008. 

15 Subtitle E—Commissary and Non16 appropriated Fund Instrumen17 tality Benefits and Operations 

18 SEC. 651. ADDITIONAL EXCEPTION TO LIMITATION ON USE 

19 OF APPROPRIATED FUNDS FOR DEPART20 MENT OF DEFENSE GOLF COURSES. 

21 Section 2491a of title 10, United States Code, is 

22 amended— 
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1 (1) by redesignating paragraph (2) of sub2 section (b) as subsection (c) and, in such subsection 

3 (as so redesignated)— 

4 (A) by inserting ‘‘REGULATIONS.—’’ before 

5 ‘‘The Secretary’’; and 

6 (B) by striking ‘‘this subsection’’ and in7 serting ‘‘subsection (b)’’; and 

8 (2) by inserting after paragraph (1) of sub9 section (b) the following new paragraph: 

10 ‘‘(2) Subsection (a) does not apply to the purchase, 

11 operation, or maintenance of equipment intended to en12 sure compliance with the Americans With Disabilities Act 

13 of 1990 (42 U.S.C. 12101 et seq.).’’. 

14 SEC. 652. LIMITATION ON DEPARTMENT OF DEFENSE ENTI15 TIES OFFERING PERSONAL INFORMATION 

16 SERVICES TO MEMBERS AND THEIR DEPEND17 ENTS. 

18 (a) IMPOSITION OF LIMITATION.—Subchapter III of 

19 chapter 147 of title 10, United States Code, is amended 

20 by inserting after section 2492 the following new section: 

21 ‘‘§ 2492a. Limitation on Department of Defense enti22 ties competing with private sector in of23 fering personal information services 

24 ‘‘(a) LIMITATION.—Notwithstanding section 2492 of 

25 this title, the Secretary of Defense may not authorize a 
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1 Department of Defense entity to offer or provide personal 

2 information services using Department resources, per3 sonnel, or equipment, or compete for contracts to provide 

4 such personal information services, if users will be charged 

5 a fee for the personal information services to recover the 

6 cost incurred to provide the services or to earn a profit. 

7 ‘‘(b) EXCEPTIONS.—Subsection (a) shall not apply if 

8 the Secretary of Defense determines that— 

9 ‘‘(1) a private sector vendor is not available to 

10 provide the personal information services at specific 

11 locations; or 

12 ‘‘(2) the interests of the user population would 

13 be best served by allowing the Government to pro14 vide such services. 

15 ‘‘(c) PERSONAL INFORMATION SERVICES DE16 FINED.—In this section, the term ‘personal information 

17 services’ means the provision of Internet, telephone, or tel18 evision services to consumers.’’. 

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

20 at the beginning of such subchapter is amended by insert21 ing after section 2492 the following new item: 

‘‘2492a. Limitation on Department of Defense entities competing with private 

sector in offering personal information services.’’. 

22 (c) EFFECT ON EXISTING CONTRACTS.—Section 

23 2492a of title 10, United States Code, as added by sub24 section (a), does not affect the validity or terms of any 
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1 contract for the provision of personal information services 

2 entered into before the date of the enactment of this Act. 

3 SEC. 653. REPORT ON IMPACT OF PURCHASING FROM 

4 LOCAL DISTRIBUTORS ALL ALCOHOLIC BEV5 ERAGES FOR RESALE ON MILITARY INSTAL6 LATIONS ON GUAM. 

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

8 after the date of the enactment of this Act, the Comp9 troller General shall submit to the Committees on Armed 

10 Services of the Senate and the House of Representatives 

11 a report evaluating the impact of reimposing the require12 ment, effective for fiscal year 2008 pursuant to section 

13 8073 of the Department of Defense Appropriations Act, 

14 2008 (division A of Public Law 110–116; 121 Stat. 1331) 

15 but not extended for fiscal year 2009, that all alcoholic 

16 beverages intended for resale on military installations on 

17 Guam be purchased from local sources. 

18 (b) EVALUATION REQUIREMENTS.—As part of the 

19 report, the Comptroller General shall specifically evaluate 

20 the following: 

21 (1) The rationale for and validity of the con22 cerns of nonappropriated funds activities over the 

23 one-year imposition of the local-purchase require24 ment and the impact the requirement had on alcohol 

25 resale prices. 
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1 (2) The justification for the increase in the 

2 price of alcoholic beverages for resale on military in3 stallations on Guam. 

4 (3) The actions of the nonappropriated fund ac5 tivities in complying with the local purchase require6 ments for resale of alcoholic beverages and their 

7 purchase of such affected products before and after 

8 the effective date of provision of law referred to in 

9 subsection (a). 

10 (4) The potential cost savings in transportation 

11 costs, including use of second destination transpor12 tation funds, accruing from the purchase of alcoholic 

13 beverages from local distributors on Guam. 

14 (5) The ability of local distributors on Guam to 

15 meet demands for stocks of certain alcoholic bev16 erages in the event that the local purchase require17 ment became permanent for Guam. 

18 (6) The consistency in application of the alcohol 

19 resale requirement for nonappropriated fund activi20 ties on military installations with regards to Depart21 ment of Defense Instruction 1330.09 (or any suc22 cessor to that instruction) and the methods used to 

23 determine the resale price of alcoholic beverages. 
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1 Subtitle F—Other Matters 

2 SEC. 661. LIMITATIONS ON COLLECTION OF OVERPAY3 MENTS OF PAY AND ALLOWANCES ERRO4 NEOUSLY PAID TO MEMBERS. 

5 (a) MAXIMUM MONTHLY PERCENTAGE OF MEM6 BER’S PAY AUTHORIZED FOR DEDUCTION.—Paragraph 

7 (3) of subsection (c) of section 1007 of title 37, United 

8 States Code, is amended by striking ‘‘20 percent’’ and in9 serting ‘‘10 percent’’. 

10 (b) CONSULTATION REGARDING DEDUCTION OR RE11 PAYMENT TERMS.—Such paragraph is further amended— 

12 (1) by inserting ‘‘(A)’’ after ‘‘(3)’’; and 

13 (2) by adding at the end the following new sub14 paragraph: 

15 ‘‘(B) In all cases described in subparagraph (A), the 

16 Secretary concerned shall consult with the member regard17 ing the repayment rate to be imposed under such subpara18 graph to recover the indebtedness, taking into account the 

19 financial ability of the member to pay and avoiding the 

20 imposition of an undue hardship on the member and the 

21 member’s dependents.’’. 

22 (c) DELAY IN INSTITUTING COLLECTIONS FROM

23 WOUNDED OR INJURED MEMBERS.—Paragraph (4) of 

24 such subsection is amended to read as follows: 
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1 ‘‘(4)(A) If a member of the uniformed services, while 

2 in the line of duty, is injured or wounded by hostile fire, 

3 explosion of a hostile mine, or any other hostile action, 

4 or otherwise incurs a wound, injury, or illness in a combat 

5 operation or combat zone designated by the President or 

6 the Secretary of Defense, any overpayment of pay or al7 lowances made to the member while the member recovers 

8 from the wound, injury, or illness may not be deducted 

9 from the member’s pay until— 

10 ‘‘(i) the member is notified of the overpayment; 

11 and 

12 ‘‘(ii) the later of the following occurs: 

13 ‘‘(I) The end of the 180-day period begin14 ning on the date of the completion of the tour 

15 of duty of the member in the combat operation 

16 or combat zone. 

17 ‘‘(II) The end of the 90-day period begin18 ning on the date of the reassignment of the 

19 member from a military treatment facility or 

20 other medical unit outside of the theater of op21 erations. 

22 ‘‘(B) Subparagraph (A) shall not apply if the mem23 ber, after receiving notification of the overpayment, re24 quests or consents to initiation at an earlier date of the 

25 collection of the overpayment of the pay or allowances.’’. 
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1 (d) FIVE-YEAR DEADLINE ON SEEKING REPAY2 MENT.—Such subsection is further amended by adding at 

3 the end the following new paragraph: 

4 ‘‘(5) The Secretary concerned may not deduct from 

5 the pay of a member of the uniformed services or other6 wise recover, seek to recover, or assist in the recovery from 

7 a member or former member any overpayment of pay or 

8 allowances made to the member through no fault of the 

9 member unless the Secretary notifies the member of the 

10 indebtedness before the end of the five-year period begin11 ning on the date on which the overpayment was made. 

12 If the notice is not provided before the end of such period, 

13 the Secretary concerned shall cancel the indebtedness of 

14 the member to the United States.’’. 

15 (e) EXPANDED DISCRETION REGARDING REMISSION

16 OR CANCELLATION OF INDEBTEDNESS.— 

17 (1) ARMY.—Section 4837(a) of title 10, United 

18 States Code, is amended by striking ‘‘, but only if 

19 the Secretary considers such action to be in the best 

20 interest of the United States.’’ and inserting ‘‘if the 

21 Secretary determines that the person— 

22 ‘‘(1) relies on social security benefits or dis23 ability compensation under this title or title 38 (or 

24 a combination thereof) for more than half of the per25 son’s annual income; or 
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1 ‘‘(2) would suffer an undue hardship in repay2 ing the indebtedness.’’. 

3 (2) NAVAL SERVICE.—Section 6161(a) of such 

4 title is amended by striking ‘‘, but only if the Sec5 retary considers such action to be in the best inter6 est of the United States.’’ and inserting ‘‘if the Sec7 retary determines that the person— 

8 ‘‘(1) relies on social security benefits or dis9 ability compensation under this title or title 38 (or 

10 a combination thereof) for more than half of the per11 son’s annual income; or 

12 ‘‘(2) would suffer an undue hardship in repay13 ing the indebtedness.’’. 

14 (3) AIR FORCE.—Section 9837(a) of such title 

15 is amended by striking ‘‘, but only if the Secretary 

16 considers such action to be in the best interest of the 

17 United States.’’ and inserting ‘‘if the Secretary de18 termines that the person— 

19 ‘‘(1) relies on social security benefits or dis20 ability compensation under this title or title 38 (or 

21 a combination thereof) for more than half of the per22 son’s annual income; or 

23 ‘‘(2) would suffer an undue hardship in repay24 ing the indebtedness.’’. 
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1 (f) EFFECTIVE DATE.—The amendments made by 

2 this section shall apply only with respect to an overpay3 ment of pay or allowances made to a member of the uni4 formed services after the date of the enactment of this 

5 Act. 

6 SEC. 662. ARMY AUTHORITY TO PROVIDE ADDITIONAL RE7 CRUITMENT INCENTIVES. 

8 (a) EXTENSION OF AUTHORITY.—Subsection (i) of 

9 section 681 of the National Defense Authorization Act for 

10 Fiscal Year 2006 (Public Law 109–163; 119 Stat. 3321) 

11 is amended by striking ‘‘December 31, 2009’’ and insert12 ing ‘‘December 31, 2012’’. 

13 (b) LIMITATION ON USE OF AUTHORITY.—Sub14 section (e) of such section is amended by inserting ‘‘at 

15 the same time’’ after ‘‘provided’’. 

16 SEC. 663. BENEFITS UNDER POST-DEPLOYMENT/MOBILIZA17 TION RESPITE ABSENCE PROGRAM FOR CER18 TAIN PERIODS BEFORE IMPLEMENTATION OF 

19 PROGRAM. 

20 (a) IN GENERAL.—Under regulations prescribed by 

21 the Secretary of Defense, the Secretary concerned may 

22 provide any member or former member of the Armed 

23 Forces with the benefits specified in subsection (b) if the 

24 member or former member would, on any day during the 

25 period beginning on January 19, 2007, and ending on the 
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1 date of the implementation of the Post-Deployment/Mobi2 lization Respite Absence (PDMRA) program by the Sec3 retary concerned, have qualified for a day of administra4 tive absence under the Post-Deployment/Mobilization Res5 pite Absence program had the program been in effect dur6 ing such period. 

7 (b) BENEFITS.—The benefits authorized under this 

8 section are the following: 

9 (1) In the case of an individual who is a former 

10 member of the Armed Forces at the time of the pro11 vision of benefits under this section, payment of an 

12 amount not to exceed $200 for each day the indi13 vidual would have qualified for a day of administra14 tive absence as described in subsection (a) during 

15 the period specified in that subsection. 

16 (2) In the case of an individual who is a mem17 ber of the Armed Forces at the time of the provision 

18 of benefits under this section, either one day of ad19 ministrative absence or payment of an amount not 

20 to exceed $200, as selected by the Secretary con21 cerned, for each day the individual would have quali22 fied for a day of administrative absence as described 

23 in subsection (a) during the period specified in that 

24 subsection. 
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1 (c) EXCLUSION OF CERTAIN FORMER MEMBERS.— 

2 A former member of the Armed Forces is not eligible 

3 under this section for the benefits specified in subsection 

4 (b)(1) if the former member was discharged or released 

5 from the Armed Forces under other than honorable condi6 tions. 

7 (d) MAXIMUM NUMBER OF DAYS OF BENEFITS.— 

8 Not more than 40 days of benefits may be provided to 

9 a member or former member of the Armed Forces under 

10 this section. 

11 (e) FORM OF PAYMENT.—The paid benefits author12 ized under this section may be paid in a lump sum or in13 stallments, at the election of the Secretary concerned. 

14 (f) CONSTRUCTION WITH OTHER PAY AND LEAVE.— 

15 The benefits provided a member or former member of the 

16 Armed Forces under this section are in addition to any 

17 other pay, absence, or leave provided by law. 

18 (g) DEFINITIONS.—In this section: 

19 (1) The term ‘‘Post-Deployment/Mobilization 

20 Respite Absence program’’ means the program of a 

21 military department to provide days of administra22 tive absence not chargeable against available leave to 

23 certain deployed or mobilized members of the Armed 

24 Forces in order to assist such members in reinte-
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1 grating into civilian life after deployment or mobili2 zation. 

3 (2) The term ‘‘Secretary concerned’’ has the 

4 meaning given that term in section 101(5) of title 

5 37, United States Code. 

6 (h) TERMINATION.— 

7 (1) IN GENERAL.—The authority to provide 

8 benefits under this section shall expire on the date 

9 that is 1 year after the date of the enactment of this 

10 Act. 

11 (2) CONSTRUCTION.—Expiration under this 

12 subsection of the authority to provide benefits under 

13 this section shall not affect the utilization of any day 

14 of administrative absence provided a member of the 

15 Armed Forces under subsection (b)(2), or the pay16 ment of any payment authorized a member or 

17 former member of the Armed Forces under sub18 section (b), before the expiration of the authority in 

19 this section. 

20 SEC. 664. SENSE OF CONGRESS REGARDING SUPPORT FOR 

21 COMPENSATION, RETIREMENT, AND OTHER 

22 MILITARY PERSONNEL PROGRAMS. 

23 It is the sense of Congress that members of the 

24 Armed Forces and their families and military retirees de25 serve ongoing recognition and support for their service and 
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1 sacrifices on behalf of the United States, and Congress 

2 will continue to be vigilant in identifying appropriate di3 rect spending offsets that can be used to address short4 coming within those military personnel programs that 

5 incur mandatory spending obligations. 

6 SEC. 665. COMPTROLLER GENERAL REPORT ON COST TO 

7 CITIES AND OTHER MUNICIPALITIES THAT 

8 COVER THE DIFFERENCE BETWEEN AN EM9 PLOYEE’S MILITARY SALARY AND MUNICIPAL 

10 SALARY. 

11 Not later than 90 days after the date of the enact12 ment of this Act, the Comptroller General shall submit 

13 to Congress a report on the costs incurred by cities and 

14 other municipalities that elect to cover the difference be15 tween— 

16 (1) an employee’s military salary when that em17 ployee is a member of a reserve component and 

18 called or ordered to active duty; and 

19 (2) the municipal salary of the employee. 

20 SEC. 666. POSTAL BENEFITS PROGRAM FOR SENDING FREE 

21 MAIL TO MEMBERS OF THE ARMED FORCES 

22 SERVING IN CERTAIN OVERSEAS OPER23 ATIONS AND HOSPITALIZED MEMBERS. 

24 (a) AVAILABILITY OF POSTAL BENEFITS.—The Sec25 retary of Defense, in consultation with the United States 
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1 Postal Service, shall provide for a program under which 

2 postal benefits are provided during fiscal year 2010 to 

3 qualified individuals in accordance with this section. 

4 (b) QUALIFIED INDIVIDUAL.—In this section, the 

5 term ‘‘qualified individual’’ means a member of the Armed 

6 Forces described in subsection (a)(1) of section 3401 of 

7 title 39, United States Code, who is entitled to free mail8 ing privileges under such section. 

9 (c) POSTAL BENEFITS DESCRIBED.— 

10 (1) VOUCHERS.—The postal benefits provided 

11 under the program shall consist of such coupons or 

12 other similar evidence of credit (in this section re13 ferred to as a ‘‘voucher’’) to permit a person pos14 sessing the voucher to make a qualified mailing to 

15 any qualified individual without charge using the 

16 Postal Service. The vouchers may be in printed, elec17 tronic, or such other format as the Secretary of De18 fense, in consultation with the Postal Service, shall 

19 determine to be appropriate. 

20 (2) QUALIFIED MAILING.—In this section, the 

21 term ‘‘qualified mailing’’ means the mailing of a sin22 gle mail piece which— 

23 (A) is first-class mail (including any 

24 sound- or video-recorded communication) not 

25 exceeding 13 ounces in weight and having the 
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1 character of personal correspondence or parcel 

2 post not exceeding 15 pounds in weight; 

3 (B) is sent from within an area served by 

4 a United States post office; and 

5 (C) is addressed to any qualified indi6 vidual. 

7 (3) COORDINATION RULE.—Postal benefits 

8 under the program are in addition to, and not in lieu 

9 of, any reduced rates of postage or other similar 

10 benefits which might otherwise be available by or 

11 under law, including any rates of postage resulting 

12 from the application of section 3401(b) of title 39, 

13 United States Code. 

14 (d) NUMBER OF VOUCHERS.—A member of the 

15 Armed Forces shall be eligible for one voucher for every 

16 month (or part of a month) during fiscal year 2010 in 

17 which the member is a qualified individual. Subject to sub18 section (f)(2), a voucher earned during fiscal year 2010 

19 may be used after the end of such fiscal year. 

20 (e) TRANSFER OF VOUCHERS.—A qualified indi21 vidual may transfer a voucher to a member of the family 

22 of the qualified individual, a nonprofit organization, or any 

23 other person selected by the qualified individual for use 

24 to send qualified mailings to the qualified individual or 

25 other qualified individuals. 
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1 (f) LIMITATIONS ON USE; DURATION.—A voucher 

2 may not be used— 

3 (1) for more than one qualified mailing, wheth4 er that mailing is a first-class letter or a parcel; or 

5 (2) after the expiration date of the voucher, as 

6 designated by the Secretary of Defense. 

7 (g) REGULATIONS.—Not later than 30 days after the 

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

9 (in consultation with the Postal Service) shall prescribe 

10 such regulations as may be necessary to carry out the pro11 gram, including— 

12 (1) procedures by which vouchers will be pro13 vided or made available in timely manner to quali14 fied individuals; and 

15 (2) procedures to ensure that the number of 

16 vouchers provided or made available with respect to 

17 any qualified individual complies with subsection (d). 

18 (h) TRANSFERS OF FUNDS TO POSTAL SERVICE.— 

19 (1) BASED ON ESTIMATES.—The Secretary of 

20 Defense shall transfer to the Postal Service, out of 

21 amounts available to carry out the program and in 

22 advance of each calendar quarter during which post23 al benefits may be used under the program, an 

24 amount equal to the amount of postal benefits that 

25 the Secretary estimates will be used during such 
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1 quarter, reduced or increased (as the case may be) 

2 by any amounts by which the Secretary finds that 

3 a determination under this subsection for a prior 

4 quarter was greater than or less than the amount fi5 nally determined for such quarter. 

6 (2) BASED ON FINAL DETERMINATION.—A 

7 final determination of the amount necessary to cor8 rect any previous determination under this section, 

9 and any transfer of amounts between the Postal 

10 Service and the Department of Defense based on 

11 that final determination, shall be made not later 

12 than 6 months after the expiration date of the final 

13 vouchers issued under the program. 

14 (3) CONSULTATION REQUIRED.—All estimates 

15 and determinations under this subsection of the 

16 amount of postal benefits under the program used in 

17 any period shall be made by the Secretary of De18 fense in consultation with the Postal Service. 

19 (i) FUNDING.— 

20 (1) FUNDING SOURCE AND LIMITATION.—In 

21 addition to the amounts authorized to be appro22 priated in section 301(1) for operation and mainte23 nance for Army for fiscal year 2010, $50,000,000 is 

24 authorized to be appropriated for postal benefits 

25 provided in the this section. 
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1 (2) OFFSETTING REDUCTION.—Funds author2 ized to be appropriated in section 301 in fiscal year 

3 2010 for operation and maintenance are reduced as 

4 follows: 

5 (A) For operation and maintenance for the 

6 Army, Army Claims is reduced by $10,000,000. 

7 (B) For operation and maintenance for the 

8 Navy, System-Wide Navy Communications is 

9 reduced by $10,000,000. 

10 (C) For operation and maintenance for the 

11 Air Force, System-Wide Air Force Communica12 tions is reduced by $30,000,000. 

13 TITLE VII—HEALTH CARE 

14 PROVISIONS 

Subtitle A—Improvements to Health Benefits 

Sec. 701. Prohibition on conversion of military medical and dental positions to 

civilian medical and dental positions. 

Sec. 702. Chiropractic health care for members on active duty. 

Sec. 703. Expansion of survivor eligibility under TRICARE dental program. 

Sec. 704. TRICARE standard coverage for certain members of the Retired Reserve who are qualified for a non-regular retirement but are 

not yet age 60. 

Sec. 705. Cooperative health care agreements between military installations and 

non-military health care systems. 

Sec. 706. Health care for members of the reserve components. 

Sec. 707. National casualty care research center. 

Subtitle B—Reports 

Sec. 711. Report on post-traumatic stress disorder efforts. 

Sec. 712. Report on the feasibility of TRICARE Prime in certain commonwealths and territories of the United States. 

Sec. 713. Report on the health care needs of military family members. 

Sec. 714. Report on stipends for members of reserve components for health 

care for certain dependents. 

Sec. 715. Report on the required number of military mental health providers. 
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1 Subtitle A—Improvements to 

2 Health Benefits 

3 SEC. 701. PROHIBITION ON CONVERSION OF MILITARY 

4 MEDICAL AND DENTAL POSITIONS TO CIVIL5 IAN MEDICAL AND DENTAL POSITIONS. 

6 (a) PROHIBITION.—The Secretary of a military de7 partment may not convert any military medical or dental 

8 position to a civilian medical or dental position on or after 

9 October 1, 2007. 

10 (b) RESTORATION OF CERTAIN POSITIONS TO MILI11 TARY POSITIONS.—In the case of any military medical or 

12 dental position that is converted to a civilian medical or 

13 dental position during the period beginning on October 1, 

14 2004, and ending on September 30, 2008, if the position 

15 is not filled by a civilian by September 30, 2008, the Sec16 retary of the military department concerned shall restore 

17 the position to a military medical or dental position that 

18 may be filled only by a member of the Armed Forces who 

19 is a health professional. 

20 (c) DEFINITIONS.—In this section: 

21 (1) The term ‘‘military medical or dental posi22 tion’’ means a position for the performance of health 

23 care functions (or coded to work within a military 

24 treatment facility) within the Armed Forces held by 

25 a member of the Armed Forces. 
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1 (2) The term ‘‘civilian medical or dental posi2 tion’’ means a position for the performance of health 

3 care functions within the Department of Defense 

4 held by an employee of the Department or of a con5 tractor of the Department. 

6 (3) The term ‘‘conversion’’, with respect to a 

7 military medical or dental position, means a change 

8 of the position to a civilian medical or dental posi9 tion, effective as of the date of the manning author10 ization document of the military department making 

11 the change (through a change in designation from 

12 military to civilian in the document, the elimination 

13 of the listing of the position as a military position 

14 in the document, or through any other means indi15 cating the change in the document or otherwise). 

16 (d) REPEAL.—Section 721 of the National Defense 

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

18 181; 122 Stat. 198; 10 U.S.C. 129c note) is repealed. 

19 SEC. 702. CHIROPRACTIC HEALTH CARE FOR MEMBERS ON 

20 ACTIVE DUTY. 

21 (a) REQUIREMENT FOR CHIROPRACTIC CARE.—Sub22 ject to such regulations as the Secretary of Defense may 

23 prescribe, the Secretary shall provide chiropractic services 

24 for members of the uniformed services who are entitled 

25 to care under section 1074(a) of title 10, United States 
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1 Code. Such chiropractic services may be provided only by 

2 a doctor of chiropractic. 

3 (b) DEMONSTRATION PROJECTS.—The Secretary of 

4 Defense may conduct one or more demonstration projects 

5 to provide chiropractic services to deployed members of the 

6 uniformed services. Such chiropractic services may be pro7 vided only by a doctor of chiropractic. 

8 (c) DEFINITIONS.—In this section: 

9 (1) The term ‘‘chiropractic services’’— 

10 (A) includes diagnosis (including by diag11 nostic X-ray tests), evaluation and manage12 ment, and therapeutic services for the treat13 ment of a patient’s health condition, including 

14 neuromusculoskeletal conditions and the sub15 luxation complex, and such other services deter16 mined appropriate by the Secretary and as au17 thorized under State law; and 

18 (B) does not include the use of drugs or 

19 surgery. 

20 (2) The term ‘‘doctor of chiropractic’’ means 

21 only a doctor of chiropractic who is licensed as a 

22 doctor of chiropractic, chiropractic physician, or chi23 ropractor by a State, the District of Columbia, or a 

24 territory or possession of the United States. 
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1 SEC. 703. EXPANSION OF SURVIVOR ELIGIBILITY UNDER 

2 TRICARE DENTAL PROGRAM. 

3 Paragraph (3) of section 1076a(k) of title 10, United 

4 States Code, is amended to read as follows: 

5 ‘‘(3) Such term does not include a dependent by rea6 son of paragraph (2) after the end of the three-year period 

7 beginning on the date of the member’s death, except that, 

8 in the case of a dependent of the deceased who is described 

9 by subparagraph (D) or (I) of section 1072(2) of this title, 

10 the period of continued eligibility shall be the longer of 

11 the following periods beginning on such date: 

12 ‘‘(A) Three years. 

13 ‘‘(B) The period ending on the date on which 

14 such dependent attains 21 years of age. 

15 ‘‘(C) In the case of such dependent who, at 21 

16 years of age, is enrolled in a full-time course of 

17 study in a secondary school or in a full-time course 

18 of study in an institution of higher education ap19 proved by the administering Secretary and was, at 

20 the time of the member’s death, in fact dependent 

21 on the member for over one-half of such dependent’s 

22 support, the period ending on the earlier of the fol23 lowing dates: 

24 ‘‘(i) The date on which such dependent 

25 ceases to pursue such a course of study, as de26 termined by the administering Secretary. 
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1 ‘‘(ii) The date on which such dependent at2 tains 23 years of age.’’. 

3 SEC. 704. TRICARE STANDARD COVERAGE FOR CERTAIN 

4 MEMBERS OF THE RETIRED RESERVE WHO 

5 ARE QUALIFIED FOR A NON-REGULAR RE6 TIREMENT BUT ARE NOT YET AGE 60. 

7 (a) IN GENERAL.—Chapter 55 of title 10, United 

8 States Code, is amended by inserting after section 1076d 

9 the following new section: 

10 ‘‘§ 1076e. TRICARE program: TRICARE standard cov11 erage for certain members of the Retired 

12 Reserve who are qualified for a non-reg13 ular retirement but are not yet age 60 

14 ‘‘(a) ELIGIBILITY.—(1) Except as provided in para15 graph (2), a member of the Retired Reserve of a reserve 

16 component of the armed forces who is qualified for a non17 regular retirement at age 60 under chapter 1223 of this 

18 title, but is not age 60, is eligible for health benefits under 

19 TRICARE Standard as provided in this section. 

20 ‘‘(2) Paragraph (1) does not apply to a member who 

21 is enrolled, or is eligible to enroll, in a health benefits plan 

22 under chapter 89 of title 5. 

23 ‘‘(b) TERMINATION OF ELIGIBILITY UPON OBTAIN24 ING OTHER TRICARE STANDARD COVERAGE.—Eligi25 bility for TRICARE Standard coverage of a member 
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1 under this section shall terminate upon the member be2 coming eligible for TRICARE Standard coverage at age 

3 60 under section 1086 of this title. 

4 ‘‘(c) FAMILY MEMBERS.—While a member of a re5 serve component is covered by TRICARE Standard under 

6 this section, the members of the immediate family of such 

7 member are eligible for TRICARE Standard coverage as 

8 dependents of the member. If a member of a reserve com9 ponent dies while in a period of coverage under this sec10 tion, the eligibility of the members of the immediate family 

11 of such member for TRICARE Standard coverage under 

12 this section shall continue for the same period of time that 

13 would be provided under section 1086 of this title if the 

14 member had been eligible at the time of death for 

15 TRICARE Standard coverage under such section (instead 

16 of under this section). 

17 ‘‘(d) PREMIUMS.—(1) A member of a reserve compo18 nent covered by TRICARE Standard under this section 

19 shall pay a premium for that coverage. 

20 ‘‘(2) The Secretary of Defense shall prescribe for the 

21 purposes of this section one premium for TRICARE 

22 Standard coverage of members without dependents and 

23 one premium for TRICARE Standard coverage of mem24 bers with dependents referred to in subsection (f)(1). The 

25 premium prescribed for a coverage shall apply uniformly 
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1 to all covered members of the reserve components covered 

2 under this section. 

3 ‘‘(3) The monthly amount of the premium in effect 

4 for a month for TRICARE Standard coverage under this 

5 section shall be the amount equal to the cost of coverage 

6 that the Secretary determines on an appropriate actuarial 

7 basis. 

8 ‘‘(4) The Secretary shall prescribe the requirements 

9 and procedures applicable to the payment of premiums 

10 under this subsection. 

11 ‘‘(5) Amounts collected as premiums under this sub12 section shall be credited to the appropriation available for 

13 the Defense Health Program Account under section 1100 

14 of this title, shall be merged with sums in such Account 

15 that are available for the fiscal year in which collected, 

16 and shall be available under subsection (b) of such section 

17 for such fiscal year. 

18 ‘‘(e) REGULATIONS.—The Secretary of Defense, in 

19 consultation with the other administering Secretaries, 

20 shall prescribe regulations for the administration of this 

21 section. 

22 ‘‘(f) DEFINITIONS.—In this section: 

23 ‘‘(1) The term ‘immediate family’, with respect 

24 to a member of a reserve component, means all of 

25 the member’s dependents described in subpara-
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1 graphs (A), (D), and (I) of section 1072(2) of this 

2 title. 

3 ‘‘(2) The term ‘TRICARE Standard’ means— 

4 ‘‘(A) medical care to which a dependent 

5 described in section 1076(a)(2) of this title is 

6 entitled; and 

7 ‘‘(B) health benefits contracted for under 

8 the authority of section 1079(a) of this title and 

9 subject to the same rates and conditions as 

10 apply to persons covered under that section.’’. 

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

12 at the beginning of such chapter is amended by inserting 

13 after the item relating to section 1076d the following new 

14 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.’’. 

15 (c) EFFECTIVE DATE.—Section 1076e of title 10, 

16 United States Code, as inserted by subsection (a), shall 

17 apply to coverage for months beginning on or after Octo18 ber 1, 2009, or such earlier date as the Secretary of De19 fense may specify. 
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1 SEC. 705. COOPERATIVE HEALTH CARE AGREEMENTS BE2 TWEEN MILITARY INSTALLATIONS AND NON3 MILITARY HEALTH CARE SYSTEMS. 

4 (a) AUTHORITY.—The Secretary of Defense may es5 tablish cooperative health care agreements between mili6 tary installations and local or regional health care systems. 

7 (b) REQUIREMENTS.—In establishing such agree8 ments, the Secretary shall— 

9 (1) consult with— 

10 (A) the Secretaries of the military depart11 ments; 

12 (B) representatives from the military in13 stallation selected for the agreement, including 

14 the TRICARE managed care support con15 tractor with responsibility for such installation; 

16 and 

17 (C) Federal, State, and local government 

18 officials; 

19 (2) identify and analyze health care services 

20 available in the area in which the military installa21 tion is located, including such services available at a 

22 military medical treatment facility or in the private 

23 sector (or a combination thereof); 

24 (3) determine the cost avoidance or savings re25 sulting from innovative partnerships between the 

26 Department of Defense and the private sector; and 
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1 (4) determine the opportunities for and barriers 

2 to coordinating and leveraging the use of existing 

3 health care resources, including such resources of 

4 Federal, State, local, and private entities. 

5 (c) ANNUAL REPORTS.—Not later than December 31 

6 of each year an agreement entered into under this section 

7 is in effect, the Secretary shall submit to the congressional 

8 defense committees a report on each such agreement. 

9 Each report shall include, at a minimum, the following: 

10 (1) A description of the agreement. 

11 (2) Any cost avoidance, savings, or increases as 

12 a result of the agreement. 

13 (3) A recommendation for continuing or ending 

14 the agreement. 

15 (d) RULE OF CONSTRUCTION.—Nothing in this sec16 tion shall be construed as authorizing the provision of 

17 health care services at military medical treatment facilities 

18 or other facilities of the Department of Defense to individ19 uals who are not otherwise entitled or eligible for such 

20 services under chapter 55 of title 10, United States Code. 

21 SEC. 706. HEALTH CARE FOR MEMBERS OF THE RESERVE 

22 COMPONENTS. 

23 (a) IN GENERAL.—Subsection (d) of section 1074 of 

24 title 10, United States Code, is amended to read as fol25 lows: 
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1 ‘‘(d)(1) For the purposes of this chapter, a member 

2 of a reserve component of the armed forces who is issued 

3 or covered by a delayed-effective-date active-duty order or 

4 an official notification shall be treated as being on active 

5 duty for a period of more than 30 days beginning on the 

6 later of the following dates: 

7 ‘‘(A) The earlier of the date that is— 

8 ‘‘(i) the date of the issuance of such order; 

9 or 

10 ‘‘(ii) the date of the issuance of such offi11 cial notification. 

12 ‘‘(B) The date that is 180 days before the date 

13 on which the period of active duty is to commence 

14 under such order or official notification for that 

15 member. 

16 ‘‘(2) In this subsection: 

17 ‘‘(A) The term ‘delayed-effective-date active18 duty order’ means an order to active duty for a pe19 riod of more than 30 days in support of a contin20 gency operation under a provision of law referred to 

21 in section 101(a)(13)(B) of this title that provides 

22 for active-duty service to begin under such order on 

23 a date after the date of the issuance of the order. 

24 ‘‘(B) The term ‘official notification’ means a 

25 memorandum from the Secretary concerned that no-
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1 tifies a unit or a member of a reserve component of 

2 the armed forces that such unit or member shall re3 ceive a delayed-effective-date active-duty order.’’. 

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

5 this section shall apply with respect to a delayed-effective6 date active-duty order or official notification issued on or 

7 after the date of the enactment of this Act. 

8 SEC. 707. NATIONAL CASUALTY CARE RESEARCH CENTER. 

9 (a) DESIGNATION.—Not later than October 1, 2010, 

10 the Secretary of Defense shall designate a center to be 

11 known as the ‘‘National Casualty Care Research Center’’ 

12 (in this section referred to as the ‘‘Center’’), which shall 

13 consist of the program known as combat casualty care of 

14 the Army Medical Research and Materiel Command. 

15 (b) DIRECTOR.—The Secretary shall appoint a direc16 tor of the Center. 

17 (c) ACTIVITIES OF THE CENTER.—In addition to 

18 other functions performed by the combat casualty care 

19 program, the Center shall— 

20 (1) provide a public-private partnership for 

21 funding clinical trials and clinical research in combat 

22 injury; 

23 (2) integrate basic and clinical research from 

24 both military and civilian populations to accelerate 

25 improvements to trauma care; 
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1 (3) ensure that data from both military and ci2 vilian entities, including the Joint Theater Trauma 

3 Registry and the National Trauma Data Bank, are 

4 optimally used to establish research strategies and 

5 measure improvements in outcomes; 

6 (4) fund the full range of injury research and 

7 evaluation, including— 

8 (A) basic, translational, and clinical re9 search; 

10 (B) point of injury and pre-hospital care; 

11 (C) early resuscitative management; 

12 (D) initial and definitive surgical care; and 

13 (E) rehabilitation and reintegration into 

14 society; and 

15 (5) coordinate the collaboration of military and 

16 civilian institutions conducting trauma research. 

17 (d) AUTHORIZATION.—In addition to any other funds 

18 authorized to be appropriated for the combat casualty care 

19 program of the Army Medical Research and Materiel Com20 mand, there is hereby authorized to be appropriated to 

21 the Secretary $1,000,000 for fiscal year 2010 for the pur22 pose of carrying out activities under this section. 
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1 SEC. 708. NOTIFICATION OF MEMBERS OF THE ARMED 

2 FORCES OF EXPOSURE TO POTENTIALLY 

3 HARMFUL MATERIALS AND CONTAMINANTS. 

4 (a) NOTIFICATION REQUIRED.—In the case of a 

5 member of the Armed Forces who is exposed to a poten6 tially harmful material or contaminant, as determined by 

7 the Secretary of Defense, the Secretary shall, as soon as 

8 possible, notify the member, and in the case of a member 

9 of a reserve component, the State military department of 

10 the member, of the member’s exposure to such material 

11 or contaminant and any health risks associated with expo12 sure to such material or contaminant. 

13 (b) IN-THEATER NOTIFICATION.—If the Secretary of 

14 Defense determines that a member of the Armed Forces 

15 has been exposed to a potentially harmful material or con16 taminant while that member is deployed, the Secretary 

17 shall notify the member of such exposure under subsection 

18 (a) while that member is so deployed. 

19 SEC. 709. POST-DEPLOYMENT MENTAL HEALTH SCREENING 

20 DEMONSTRATION PROJECT. 

21 (a) DEMONSTRATION PROJECT REQUIRED.—The 

22 Secretary of Defense shall conduct a demonstration 

23 project to assess the feasibility and efficacy of providing 

24 a member of the Armed Forces with a post-deployment 

25 mental health screening that is conducted in person by a 

26 mental health provider. 
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1 (b) ELEMENTS.—The demonstration project shall in2 clude, at a minimum, the following elements: 

3 (1) A combat stress evaluation conducted in 

4 person by a qualified mental health professional not 

5 later than 120 to 180 days after the date on which 

6 the member returns from combat theater. 

7 (2) Follow-ups by a case manager (who may or 

8 may not be stationed at the same military installa9 tion as the member) conducted by telephone at the 

10 following intervals after the initial post-deployment 

11 screening: 

12 (A) Six months. 

13 (B) 12 months. 

14 (C) 18 months. 

15 (D) 24 months. 

16 (c) REQUIREMENTS OF COMBAT STRESS EVALUA17 TION.—The combat stress evaluation required by sub18 section (b)(1) shall be designed to— 

19 (1) provide members of the Armed Forces with 

20 an objective mental health and traumatic brain in21 jury standard to screen for suicide risk factors; 

22 (2) ease post-deployment transition by allowing 

23 members to be honest in their assessments; 

24 (3) battle the stigma of depression and mental 

25 health problems among members and veterans; and 
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1 (4) ultimately reduce the prevalence of suicide 

2 among veterans of Operation Iraqi Freedom and Op3 eration Enduring Freedom. 

4 (d) CONSULTATION.—The Secretary of Defense shall 

5 develop the demonstration project in consultation with the 

6 Secretary of Veterans Affairs and the Secretary of Health 

7 and Human Services. The Secretary of Defense may also 

8 coordinate the program with any accredited college, uni9 versity, hospital-based or community-based mental health 

10 center the Secretary considers appropriate. 

11 (e) SELECTION OF MILITARY INSTALLATION.—The 

12 demonstration project shall be conducted at two military 

13 installations, one active duty and one reserve component 

14 demobilization station, selected by the Secretary of De15 fense. The installations selected shall have members of the 

16 Armed Forces on active duty and members of the reserve 

17 components that use the installation as a training and op18 erating base, with members routinely deploying in support 

19 of operations in Iraq, Afghanistan, and other assignments 

20 related to the global war on terrorism. 

21 (f) PERSONNEL REQUIREMENTS.—The Secretary of 

22 Defense shall ensure an adequate number of the following 

23 personnel in the program: 

24 (1) Qualified mental health professionals that 

25 are licensed psychologists, psychiatrists, psychiatric 
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1 nurses, licensed professional counselors, or clinical 

2 social workers. 

3 (2) Suicide prevention counselors. 

4 (g) TIMELINE.— 

5 (1) The demonstration project required by this 

6 section shall be implemented not later than Sep7 tember 30, 2010. 

8 (2) Authority for this demonstration project 

9 shall expire on September 30, 2012. 

10 (h) REPORTS.—The Secretary of Defense shall sub11 mit to the congressional defense committees— 

12 (1) a plan to implement the demonstration 

13 project, including site selection and criteria for 

14 choosing the site, not later than June 1, 2010; 

15 (2) an interim report every 180 days thereafter; 

16 and 

17 (3) a final report detailing the results not later 

18 than January 1, 2013. 

19 SEC. 710. REPORT ON JOINT VIRTUAL LIFETIME ELEC20 TRONIC RECORD. 

21 Not later than December 31, 2009, the Secretary of 

22 Defense, in coordination with the Secretary of Veterans 

23 Affairs, shall submit to Congress a report on the progress 

24 that has been made on the establishment, announced by 

25 the President on April 9, 2009, of a Joint Virtual Lifetime 
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1 Electronic Record for members of the Armed Forces to 

2 improve the quality of medical care and create a seamless 

3 integration between the Department of Defense and the 

4 Department of Veterans Affairs. The report shall— 

5 (1) explain what steps compose the Secretaries’ 

6 plan to fully achieve the establishment of the seam7 less record system between the two departments; 

8 (2) identify any unforeseen obstacles that have 

9 arisen that may require legislative action; and 

10 (3) explain how the plan relates to the mandate 

11 in section 1635 of the National Defense Authoriza12 tion Act for Fiscal Year 2008 (Public Law 110–181; 

13 10 U.S.C. 1071 note) that the Secretary of Defense 

14 and the Secretary of the Department of Veterans 

15 Affairs jointly develop and implement, by September 

16 30, 2009, electronic health record systems or capa17 bilities that allow for full interoperability of personal 

18 health care information between the Department of 

19 Defense and the Department of Veterans Affairs. 

20 SEC. 710A. SUICIDE AMONG MEMBERS OF THE INDIVIDUAL 

21 READY RESERVE. 

22 (a) FINDINGS.—Congress finds that veterans who are 

23 members of the Individual Ready Reserve (in this section 

24 referred to as the ‘‘IRR’’) and are not assigned to units 

25 that muster regularly and have an established support 
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1 structure are less likely to be helped by existing suicide 

2 prevention programs run by the Secretary of Defense and 

3 the Secretary of Veterans Affairs. 

4 (b) IN GENERAL.—The Secretary of Defense shall 

5 ensure that all covered members receive a counseling call 

6 from properly trained personnel not less than once every 

7 90 days so long as the member remains a member of the 

8 IRR. 

9 (c) PERSONNEL.—In carrying out this section, the 

10 Secretary shall ensure the following: 

11 (1) Personnel conducting calls determine the 

12 emotional, psychological, medical, and career needs 

13 and concerns of the covered member.

14 (2) Any covered member identified as being at15 risk of self-caused harm is referred to the nearest 

16 military medical treatment facility or accredited 

17 TRICARE provider for immediate evaluation and 

18 treatment by a qualified mental health care provider. 

19 (3) If a covered member is identified under 

20 paragraph (2), the Secretary shall confirm that the 

21 member has received the evaluation and any nec22 essary treatment.

23 (d) REPORT.—Not later than January 31 of each 

24 year, beginning in 2010, the Secretary shall submit to 

25 Congress a report on the number of IRR members not 
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1 assigned to units who have been referred for counseling 

2 or mental health treatment, as well as the health and ca3 reer status of such members. 

4 (e) COVERED MEMBER DEFINED.—In this section, a 

5 ‘‘covered member’’ is a member of the Individual Ready 

6 Reserve who has completed at least one tour in either Iraq 

7 or Afghanistan. 

8 SEC. 710B. TREATMENT OF AUTISM UNDER TRICARE. 

9 (a) IN GENERAL.—Section 1077 of title 10, United 

10 States Code, is amended— 

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

12 following new paragraph: 

13 ‘‘(18) In accordance with subsection (g), treat14 ment of autism spectrum disorders.’’; and 

15 (2) by adding at the end the following new sub16 section: 

17 ‘‘(g)(1) For purposes of subsection (a)(18), and to 

18 the extent that appropriated funds are available for the 

19 purposes of this subsection, treatment of autism spectrum 

20 disorders shall be provided if a health care professional 

21 determines that the treatment is medically necessary. 

22 Such treatment shall include the following: 

23 ‘‘(A) Habilitative or rehabilitative care. 

24 ‘‘(B) Pharmaceutical agents. 

25 ‘‘(C) Psychiatric care. 
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1 ‘‘(D) Psychological care. 

2 ‘‘(E) Speech therapy. 

3 ‘‘(F) Occupational therapy. 

4 ‘‘(G) Physical therapy. 

5 ‘‘(H) Group therapy, if a health care profes6 sional determines it necessary to develop, maintain, 

7 or restore the skills of the beneficiary. 

8 ‘‘(I) Any other care or treatment that a health 

9 care professional determines medically necessary. 

10 ‘‘(2) Beneficiaries under the age of five who have de11 velopmental delays and are considered at-risk for autism 

12 may not be denied access to treatment described by para13 graph (1) if a health care professional determines that the 

14 treatment is medically necessary. 

15 ‘‘(3) The Secretary may not consider the use of ap16 plied behavior analysis or other structured behavior pro17 grams under this section to be special education for pur18 poses of section 1079(a)(9) of this title. 

19 ‘‘(4) In carrying out this subsection, the Secretary 

20 shall ensure that— 

21 ‘‘(A) a person who is authorized to provide ap22 plied behavior analysis or other structured behavior 

23 programs is licensed or certified by a state, the Be24 havior Analyst Certification Board, or other accred25 ited national certification board; and 
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1 ‘‘(B) if applied behavior analysis or other struc2 tured behavior program is provided by an employee 

3 or contractor of a person authorized to provide such 

4 treatment, the employee or contractor shall meet 

5 minimum qualifications, training, and supervision 

6 requirements consistent with business best practices 

7 in the field of behavior analysis and autism services. 

8 ‘‘(5)(A) This subsection shall not apply to a medi9 care-eligible beneficiary. 

10 ‘‘(B) Except as provided in subparagraph (A), noth11 ing in this subsection shall be construed as limiting or oth12 erwise affecting the benefits provided to a medicare-eligi13 ble beneficiary under— 

14 ‘‘(i) this chapter; 

15 ‘‘(ii) part A of title XVIII of the Social Security 

16 Act (42 U.S.C. 1395c et seq.); or 

17 ‘‘(iii) any other law. 

18 ‘‘(6) In this section: 

19 ‘‘(A) The term ‘autism spectrum disorders’ in20 cludes autistic disorder, Asperger’s syndrome, and 

21 any of the pervasive developmental disorders as de22 fined by the most recent edition of the Diagnostic 

23 and Statistical Manual of Mental Disorders. 

24 ‘‘(B) The term ‘habilitative and rehabilitative 

25 care’ includes— 
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1 ‘‘(i) professional counseling; 

2 ‘‘(ii) guidance service; 

3 ‘‘(iii) treatment programs, including not 

4 more than 40 hours per week of applied behav5 ior analysis; and 

6 ‘‘(iv) other structured behavior programs 

7 that a health care professional determines nec8 essary to develop, improve, maintain, or restore 

9 the functions of the beneficiary. 

10 ‘‘(C) The term ‘health care professional’ has the 

11 meaning given that term in section 1094(e)(2) of 

12 this title. 

13 ‘‘(D) The term ‘medicare-eligible’ has the 

14 meaning given that term in section 1111(b) of this 

15 title.’’. 

16 (b) REGULATIONS.—Not later than 180 days after 

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

18 Defense shall prescribe such regulations as may be nec19 essary to carry out section 1077(a)(18) of title 10, United 

20 States Code, as added by subsection (a). 

21 (c) FUNDING.— 

22 (1) FUNDING INCREASE.—The amount other23 wise provided by section 1403 for TRICARE fund24 ing is hereby increased by $50,000,000 to provide 
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1 funds to carry out section 1077(a)(18) of title 10, 

2 United States Code, as added by subsection (a). 

3 (2) OFFSETTING REDUCTION.— 

4 (A) Reduce the amount of Operation and 

5 Maintenance, Army, by $25,000,000, to be de6 rived from the Service-wide Communications. 

7 (B) Reduce the amount of Operation and 

8 Maintenance, Navy, by $15,000,000, to be de9 rived from Service-wide Communications. 

10 (C) Reduce the amount of Research Devel11 opment Test and Evaluation, by $10,000,000, 

12 to be derived from Advanced Aerospace Sys13 tems Integrated Sensor IS Structure, PE 

14 68286E. 

15 Subtitle B—Reports 

16 SEC. 711. REPORT ON POST-TRAUMATIC STRESS DISORDER 

17 EFFORTS. 

18 (a) REPORT REQUIRED.—Not later than December 

19 31, 2010, the Secretary of Defense and the Secretary of 

20 Veterans Affairs, in consultation with the Secretary of 

21 Health and Human Services, shall jointly submit to the 

22 appropriate committees a report on the treatment of post23 traumatic stress disorder. The report shall include the fol24 lowing: 
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1 (1) A list of each program and method available 

2 for the prevention, screening, diagnosis, treatment, 

3 or rehabilitation of post-traumatic stress disorder, 

4 including— 

5 (A) the rates of success for each such pro6 gram or method (including an operational defi7 nition of the term ‘‘success’’ and a discussion of 

8 the process used to quantify such rates); 

9 (B) the number of members of the Armed 

10 Forces and veterans diagnosed by the Depart11 ment of Defense or the Department of Veterans 

12 Affairs as having post-traumatic stress disorder 

13 and the number of such veterans who have been 

14 successfully treated; and 

15 (C) any collaborative efforts between the 

16 Department of Defense and the Department of 

17 Veterans Affairs to prevent, screen, diagnose, 

18 treat, or rehabilitate post-traumatic stress dis19 order. 

20 (2) The status of studies and clinical trials in21 volving innovative treatments of post-traumatic 

22 stress disorder that are conducted by the Depart23 ment of Defense, the Department of Veterans Af24 fairs, or the private sector, including— 
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1 (A) efforts to identify physiological mark2 ers of post-traumatic stress disorder; 

3 (B) with respect to efforts to determine 

4 causation of post-traumatic stress disorder, 

5 brain imaging studies and the correlation be6 tween brain region atrophy and post-traumatic 

7 stress disorder diagnoses and the results (in8 cluding any interim results) of such efforts; 

9 (C) the effectiveness of alternative thera10 pies in the treatment of post-traumatic stress 

11 disorder, including the therapeutic use of ani12 mals; 

13 (D) the effectiveness of administering 

14 pharmaceutical agents before, during, or after a 

15 traumatic event in the prevention and treat16 ment of post-traumatic stress disorder; and 

17 (E) identification of areas in which the De18 partment of Defense and the Department of 

19 Veterans Affairs may be duplicating studies, 

20 programs, or research with respect to post-trau21 matic stress disorder. 

22 (3) A description of each treatment program for 

23 post-traumatic stress disorder, including a compari24 son of the methods of treatment by each program, 

25 at the following locations: 
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1 (A) Fort Hood, Texas. 

2 (B) Fort Bliss, Texas. 

3 (C) Fort Campbell, Tennessee. 

4 (D) Other locations the Secretary of De5 fense considers appropriate. 

6 (4) The respective annual expenditure by the 

7 Department of Defense and the Department of Vet8 erans Affairs for the treatment and rehabilitation of 

9 post-traumatic stress disorder. 

10 (5) A description of gender-specific and racial 

11 and ethnic group-specific mental health treatment 

12 and services available for members of the Armed 

13 Forces, including— 

14 (A) the availability of such treatment and 

15 services; 

16 (B) the access to such treatment and serv17 ices; 

18 (C) the need for such treatment and serv19 ices; and 

20 (D) the efficacy and adequacy of such 

21 treatment and services. 

22 (6) A description of areas for expanded future 

23 research with respect to post-traumatic stress dis24 order. 
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1 (7) Any other matters the Secretaries consider 

2 relevant. 

3 (b) UPDATED REPORT REQUIRED.—Not later than 

4 December 31, 2012, the Secretary of Defense and the Sec5 retary of Veterans Affairs, in consultation with the Sec6 retary of Health and Human Services, shall jointly submit 

7 to the appropriate committees an update of the report re8 quired by subsection (a). 

9 (c) APPROPRIATE COMMITTEES DEFINED.—In this 

10 section, the term ‘‘appropriate committees’’ means— 

11 (1) the Committee on Armed Services, the 

12 Committee on Appropriations, the Committee on 

13 Veterans’ Affairs, and the Committee on Energy and 

14 Commerce of the House of Representatives; and 

15 (2) the Committee on Armed Services, the 

16 Committee on Appropriations, the Committee on 

17 Veterans’ Affairs, and the Committee on Health, 

18 Education, Labor, and Pensions of the Senate. 

19 SEC. 712. REPORT ON THE FEASIBILITY OF TRICARE PRIME 

20 IN CERTAIN COMMONWEALTHS AND TERRI21 TORIES OF THE UNITED STATES. 

22 (a) STUDY REQUIRED.—The Secretary of Defense 

23 shall conduct a study examining the feasibility and cost24 effectiveness of offering TRICARE Prime in each of the 

25 following locations: 
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1 (1) American Samoa. 

2 (2) Guam. 

3 (3) The Commonwealth of the Northern Mar4 iana Islands. 

5 (4) The Commonwealth of Puerto Rico. 

6 (5) The Virgin Islands. 

7 (b) REPORT.—Not later than 180 days after the date 

8 of the enactment of this Act, the Secretary shall submit 

9 to the congressional defense committees a report on the 

10 study. 

11 (c) TRICARE PRIME DEFINED.—In this section, the 

12 term ‘‘TRICARE Prime’’ has the meaning given that term 

13 in section 1097a(f)(1) of title 10, United States Code. 

14 SEC. 713. REPORT ON THE HEALTH CARE NEEDS OF MILI15 TARY FAMILY MEMBERS. 

16 (a) REPORT REQUIRED.—Not later than 1 year after 

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

18 Defense shall submit to the congressional defense commit19 tees a report on the health care needs of dependents (as 

20 defined in section 1072(2) of title 10, United States 

21 Code). The report shall include, at a minimum, the fol22 lowing: 

23 (1) With respect to both the direct care system 

24 and the purchased care system, an analysis of the 
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1 type of health care facility in which dependents seek 

2 care. 

3 (2) The 10 most common medical conditions for 

4 which dependents seek care. 

5 (3) The availability of and access to health care 

6 providers to treat the conditions identified under 

7 paragraph (2), both in the direct care system and 

8 the purchased care system. 

9 (4) Any shortfalls in the ability of dependents 

10 to obtain required health care services. 

11 (5) Recommendations on how to improve access 

12 to care for dependents. 

13 (6) With respect to dependents accompanying a 

14 member stationed at a military installation outside 

15 of the United States, the need for and availability of 

16 mental health care services. 

17 (b) PILOT PROGRAM.— 

18 (1) ELEMENTS.—The Secretary of the Army 

19 shall carry out a pilot program on the mental health 

20 care needs of military children and adolescents. In 

21 carrying out the pilot program, the Secretary shall 

22 establish a center to— 

23 (A) develop teams to train primary care 

24 managers in mental health evaluations and 
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1 treatment of common psychiatric disorders af2 fecting children and adolescents; 

3 (B) develop strategies to reduce barriers to 

4 accessing behavioral health services and encour5 age better use of the programs and services by 

6 children and adolescents; and 

7 (C) expand the evaluation of mental heath 

8 care using common indicators, including— 

9 (i) psychiatric hospitalization rates; 

10 (ii) non-psychiatric hospitalization 

11 rates; and 

12 (iii) mental health relative value units. 

13 (2) REPORTS.— 

14 (A) INTERIM REPORT.—Not later than 90 

15 days after establishing the pilot program, the 

16 Secretary of the Army shall submit to the con17 gressional defense committees a report describ18 ing the— 

19 (i) structure and mission of the pro20 gram; and 

21 (ii) the resources allocated to the pro22 gram. 

23 (B) FINAL REPORT.—Not later than Sep24 tember 30, 2012, the Secretary of the Army 

25 shall submit to the congressional defense com-
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1 mittees a report that addresses the elements de2 scribed under paragraph (1). 

3 SEC. 714. REPORT ON STIPENDS FOR MEMBERS OF RE4 SERVE COMPONENTS FOR HEALTH CARE FOR 

5 CERTAIN DEPENDENTS. 

6 Not later than 90 days after the date of the enact7 ment of this Act, the Secretary of Defense shall submit 

8 to the congressional defense committees a report on sti9 pends paid under section 704 of the National Defense Au10 thorization Act for Fiscal Year 2008 (Public Law 110– 

11 181; 122 Stat. 188; 10 U.S.C. 1076 note). The report 

12 shall include— 

13 (1) the number of stipends paid; 

14 (2) the amount of the average stipend; and 

15 (3) the number of members who received such 

16 stipends. 

17 SEC. 715. REPORT ON THE REQUIRED NUMBER OF MILI18 TARY MENTAL HEALTH PROVIDERS. 

19 Not later than 1 year after the date of the enactment 

20 of this Act, the Secretary of Defense shall submit to the 

21 congressional defense committees a report on the appro22 priate number of military mental health providers required 

23 to meet the mental health care needs of members of the 

24 Armed Forces, retired members, and dependents. The re25 port shall include, at a minimum, the following: 
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1 (1) An evaluation of the recommendation titled 

2 ‘‘Ensure an Adequate Supply of Uniformed Pro3 viders’’ made by the Department of Defense Task 

4 Force on Mental Health established by section 723 

5 of the National Defense Authorization Act for Fiscal 

6 Year 2006 (Public Law 109–163; 119 Stat. 3348). 

7 (2) The criteria and models used to determine 

8 the appropriate number of military mental health 

9 providers. 

10 (3) A plan for how the Secretary of Defense 

11 will achieve the appropriate number of military men12 tal health providers, including timelines, budgets, 

13 and any additional legislative authority the Secretary 

14 determines is required for such plan. 

15 SEC. 716. REPORT ON RURAL ACCESS TO HEALTH CARE. 

16 The Secretary of Defense shall submit to the congres17 sional defense committees a report on the health care of 

18 rural members of the Armed Forces and individuals who 

19 receive health care under chapter 55 of title 10, United 

20 States. The report shall include recommendations of re21 sources or legislation the Secretary determines necessary 

22 to improve access to health care for such individuals. 
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1 TITLE VIII—ACQUISITION POL2 ICY, ACQUISITION MANAGE3 MENT, AND RELATED MAT4 TERS 

Subtitle A—Acquisition Policy and Management 

Sec. 801. Temporary authority to acquire products and services produced in 

countries along a major route of supply to Afghanistan; Report. 

Sec. 802. Assessment of improvements in service contracting. 

Sec. 803. Display of annual budget requirements for procurement of contract 

services and related clarifying technical amendments. 

Sec. 804. Demonstration authority for alternative acquisition process for defense information technology programs. 

Sec. 805. Limitation on performance of product support integrator functions. 

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

Limitations 

Sec. 811. Revision of Defense Supplement relating to payment of costs prior to 

definitization. 

Sec. 812. Revisions to definitions relating to contracts in Iraq and Afghanistan. 

Sec. 813. Amendment to notification requirements for awards of single source 

task or delivery orders. 

Sec. 814. Clarification of uniform suspension and debarment requirement. 

Sec. 815. Extension of authority for use of simplified acquisition procedures for 

certain commercial items. 

Sec. 816. Revision to definitions of major defense acquisition program and 

major automated information system. 

Sec. 817. Small Arms Production Industrial Base. 

Sec. 818. Publication of justification for bundling of contracts of the Department of Defense. 

Sec. 819. Contract authority for advanced component development or prototype 

units. 

Subtitle C—Other Matters 

Sec. 821. Enhanced expedited hiring authority for defense acquisition workforce 

positions. 

Sec. 822. Acquisition Workforce Development Fund amendments. 

Sec. 823. Reports to Congress on full deployment decisions for major automated information system programs. 

Sec. 824. Requirement for Secretary of Defense to deny award and incentive 

fees to companies found to jeopardize health or safety of Government personnel. 

Sec. 825. Authorization for actions to correct the industrial resource shortfall 

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

$85,000,000. 

Sec. 826. Review of post employment restrictions applicable to the Department 

of Defense. 
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Sec. 827. Requirement to buy military decorations, ribbons, badges, medals, insignia, and other uniform accouterments produced in the 

United States. 

Sec. 828. Findings and report on the usage of rare earth materials in the defense supply chain. 

Sec. 829. Furniture standards. 

1 Subtitle A—Acquisition Policy and 

2 Management 

3 SEC. 801. TEMPORARY AUTHORITY TO ACQUIRE PRODUCTS 

4 AND SERVICES PRODUCED IN COUNTRIES 

5 ALONG A MAJOR ROUTE OF SUPPLY TO AF6 GHANISTAN; REPORT. 

7 (a) IN GENERAL.—In the case of a product or service 

8 to be acquired in support of military or stability operations 

9 in Afghanistan for which the Secretary of Defense makes 

10 a determination described in subsection (b), the Secretary 

11 may conduct a procurement in which— 

12 (1) competition is limited to products or serv13 ices that are from one or more countries along a 

14 major route of supply to Afghanistan; or 

15 (2) a preference is provided for products or 

16 services that are from one or more countries along 

17 a major route of supply to Afghanistan. 

18 (b) DETERMINATION.—A determination described in 

19 this subsection is a determination by the Secretary that— 

20 (1) the product or service concerned is to be 

21 used only by personnel that ship goods, or provide 

22 support for shipping goods, for military forces, po-
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1 lice, or other security personnel of Afghanistan, or 

2 for military or civilian personnel of the United 

3 States, United States allies, or Coalition partners 

4 operating in military or stability operations in Af5 ghanistan; 

6 (2) it is in the national security interest of the 

7 United States to limit competition or provide a pref8 erence as described in subsection (a) because such 

9 limitation or preference is necessary— 

10 (A) to reduce overall United States trans11 portation costs and risks in shipping goods in 

12 support of military or stability operations in Af13 ghanistan; 

14 (B) to encourage countries along a major 

15 route of supply to Afghanistan to cooperate in 

16 expanding supply routes through their territory 

17 in support of military or stability operations in 

18 Afghanistan; or 

19 (C) to help develop more robust and endur20 ing routes of supply to Afghanistan; and 

21 (3) limiting competition or providing a pref22 erence as described in subsection (a) will not ad23 versely affect— 

24 (A) military or stability operations in Af25 ghanistan; or 
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1 (B) the United States industrial base. 

2 (c) PRODUCTS, SERVICES, AND SOURCES FROM A

3 COUNTRY ALONG A MAJOR ROUTE OF SUPPLY TO AF4 GHANISTAN.—For the purposes of this section: 

5 (1) A product is from a country along a major 

6 route of supply to Afghanistan if it is mined, pro7 duced, or manufactured in a covered country. 

8 (2) A service is from a country along a major 

9 route of supply to Afghanistan if it is performed in 

10 a covered country by citizens or permanent resident 

11 aliens of a covered country. 

12 (3) A source is from a country along a major 

13 route of supply to Afghanistan if it— 

14 (A) is located in a covered country; and 

15 (B) offers products or services that are 

16 from a covered country. 

17 (d) COVERED COUNTRY DEFINED.—In this section, 

18 the term ‘‘covered country’’ means Georgia, Kyrgyzstan, 

19 Pakistan, Armenia, Azerbaijan, Kazakhstan, Tajikistan, 

20 Uzbekistan, or Turkmenistan. 

21 (e) CONSTRUCTION WITH OTHER AUTHORITY.—The 

22 authority provided in subsection (a) is in addition to the 

23 authority set forth in section 886 of the National Defense 

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

25 181; 122 Stat. 266; 10 U.S.C. 2302 note). 
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1 (f) TERMINATION OF AUTHORITY.—The Secretary of 

2 Defense may not exercise the authority provided in sub3 section (a) on and after the date occurring 18 months 

4 after the date of the enactment of this Act. 

5 (g) REPORT ON AUTHORITY.—Not later than April 

6 1, 2010, the Secretary of Defense shall submit to the con7 gressional defense committees a report on the use of the 

8 authority provided in subsection (a). The report shall ad9 dress, at a minimum, following: 

10 (1) The number of determinations made by the 

11 Secretary pursuant to subsection (b). 

12 (2) A description of the products and services 

13 acquired using the authority. 

14 (3) The extent to which the use of the authority 

15 has met the objectives of subparagraph (A), (B), or 

16 (C) of subsection (b)(2). 

17 (4) A list of the countries providing products or 

18 services as a result of a determination made pursu19 ant to subsection (b). 

20 (5) Any recommended modifications to the au21 thority. 

22 SEC. 802. ASSESSMENT OF IMPROVEMENTS IN SERVICE 

23 CONTRACTING. 

24 (a) ASSESSMENT REQUIRED.—The Under Secretary 

25 of Defense for Acquisition, Technology, and Logistics shall 
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1 provide for an independent assessment of improvements 

2 in the procurement and oversight of services by the De3 partment of Defense. The assessment shall be conducted 

4 by a federally funded research and development center se5 lected by the Under Secretary. 

6 (b) MATTERS COVERED.—The assessment required 

7 by subsection (a) shall include the following: 

8 (1) An assessment of the quality and complete9 ness of guidance relating to the procurement of serv10 ices, including implementation of statutory and regu11 latory authorities and requirements. 

12 (2) A determination of the extent to which best 

13 practices are being developed for setting require14 ments and developing statements of work. 

15 (3) A determination of whether effective stand16 ards to measure performance have been developed. 

17 (4) An assessment of the effectiveness of peer 

18 reviews within the Department of Defense of con19 tracts for services and whether such reviews are 

20 being conducted at the appropriate dollar threshold. 

21 (5) An assessment of the management structure 

22 for the procurement of services, including how the 

23 military departments and Defense Agencies have im24 plemented section 2330 of title 10, United States 

25 Code. 
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1 (6) A determination of whether the performance 

2 savings goals required by section 802 of the Na3 tional Defense Authorization Act for Fiscal Year 

4 2002 (10 U.S.C. 2330 note) are being achieved. 

5 (7) An assessment of the effectiveness of the 

6 Acquisition Center of Excellence for Services estab7 lished pursuant to section 1431(b) of the Services 

8 Acquisition Reform Act of 2003 (title XIV of Public 

9 Law 108–136; 117 Stat. 1671; 41 U.S.C. 405 note) 

10 and the feasibility of creating similar centers of ex11 cellence in the military departments. 

12 (8) An assessment of the quality and sufficiency 

13 of the acquisition workforce for the procurement and 

14 oversight of services. 

15 (9) Such other related matters as the Under 

16 Secretary considers appropriate. 

17 (c) REPORT.—Not later than March 10, 2010, the 

18 Under Secretary shall submit to the congressional defense 

19 committees a report on the results of the assessment, in20 cluding such comments and recommendations as the 

21 Under Secretary considers appropriate. 
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1 SEC. 803. DISPLAY OF ANNUAL BUDGET REQUIREMENTS 

2 FOR PROCUREMENT OF CONTRACT SERV3 ICES AND RELATED CLARIFYING TECHNICAL 

4 AMENDMENTS. 

5 (a) CODIFICATION OF REQUIREMENT FOR SPECI6 FICATION OF AMOUNTS REQUESTED FOR PROCUREMENT

7 OF CONTRACT SERVICES.— 

8 (1) IN GENERAL.—Chapter 9 of title 10, United 

9 States Code, is amended by inserting after section 

10 235, as added by section 242(a) of this Act, the fol11 lowing new section: 

12 ‘‘§ 236. Procurement of contract services: specifica13 tion of amounts requested in budget 

14 ‘‘(a) SUBMISSION WITH ANNUAL BUDGET JUS15 TIFICATION DOCUMENTS.—The Secretary of Defense shall 

16 submit to the President, as a part of the defense budget 

17 materials for a fiscal year, information described in sub18 section (b) with respect to the procurement of contract 

19 services. 

20 ‘‘(b) INFORMATION PROVIDED.—For each budget ac21 count, the materials submitted shall clearly and separately 

22 identify— 

23 ‘‘(1) the amount requested for the procurement 

24 of contract services for each Department of Defense 

25 component, installation, or activity; 
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1 ‘‘(2) the amount requested for each type of 

2 service to be provided; and 

3 ‘‘(3) the number of full-time contractor employ4 ees (or the equivalent of full-time in the case of 

5 part-time contractor employees) projected and justi6 fied for each Department of Defense component, in7 stallation, or activity based on the inventory of con8 tracts for services required by subsection (c) of sec9 tion 2330a of this title and the review required by 

10 subsection (e) of such section. 

11 ‘‘(c) DEFINITIONS.—In this section: 

12 ‘‘(1) The term ‘contract services’— 

13 ‘‘(A) means services from contractors; but 

14 ‘‘(B) excludes services relating to research 

15 and development and services relating to mili16 tary construction. 

17 ‘‘(2) The term ‘defense budget materials’, with 

18 respect to a fiscal year, means the materials sub19 mitted to the President by the Secretary of Defense 

20 in support of the budget for that fiscal year. 

21 ‘‘(3) The term ‘budget’, with respect to a fiscal 

22 year, means the budget for that fiscal year that is 

23 submitted to Congress by the President under sec24 tion 1105(a) of title 31.’’. 
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1 (2) CLERICAL AMENDMENT.—The table of sec2 tions at the beginning of such chapter is amended 

3 by adding at the end the following new item: 

‘‘236. Procurement of contract services: specification of amounts requested in 

budget.’’. 

4 (3) REPEAL OF SUPERSEDED PROVISION.—Sec5 tion 806 of the National Defense Authorization Act 

6 for Fiscal Year 2008 (Public Law 110–181; 10 

7 U.S.C. 221 note) is repealed. 

8 (b) CLARIFICATION OF CONTRACT SERVICES REVIEW

9 AND PLANNING REQUIREMENTS.—Section 2330a(e) of 

10 title 10, United States Code, is amended in paragraph (4) 

11 by inserting after ‘‘plan’’ the following: ‘‘and a contracts 

12 services requirements approval process’’. 

13 SEC. 804. DEMONSTRATION AUTHORITY FOR ALTERNATIVE 

14 ACQUISITION PROCESS FOR DEFENSE INFOR15 MATION TECHNOLOGY PROGRAMS. 

16 (a) AUTHORITY.—The Secretary of Defense may des17 ignate up to 10 information technology programs annually 

18 to be included in a demonstration of an alternative acqui19 sition process for rapidly acquiring information technology 

20 capabilities. In designating the programs, the Secretary 

21 may select any information technology program in any of 

22 the military departments or Defense Agencies that has re23 ceived milestone A approval, but has not yet received mile24 stone B approval. 
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1 (b) PROCEDURES.—The Secretary of Defense shall 

2 establish procedures for the exercise of the authority 

3 under subsection (a), including a process for measuring 

4 the effectiveness of the alternative acquisition process to 

5 be demonstrated. The Secretary of Defense shall notify 

6 the congressional defense committees of those procedures 

7 before any exercise of that authority. 

8 (c) REQUIREMENT TO PAY FULL COST IN YEAR OF

9 DELIVERY.—No contract to acquire an information tech10 nology system may be entered into using the authority 

11 under subsection (a) unless the funds for the full cost of 

12 such system are obligated or expended in the fiscal year 

13 of delivery of the system. 

14 (d) ANNUAL REPORT.—By March 1 of each year, be15 ginning March 1, 2010, and ending March 1, 2016, the 

16 Secretary of Defense shall submit to the congressional de17 fense committees a report on the activities carried out 

18 under the authority under subsection (a) during the pre19 ceding year. Each report shall include, at a minimum, the 

20 following: 

21 (1) A description of each information tech22 nology program in the demonstration, including 

23 goals, funding, and military department or Defense 

24 Agency sponsors. 
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1 (2) A description of the methods for measuring 

2 the effectiveness of the alternative acquisition proc3 ess for each information technology program in the 

4 demonstration. 

5 (3) Identification of any significant systemic or 

6 process issues impeding the effectiveness of the al7 ternative acquisition process. 

8 (e) PERIOD OF AUTHORITY.—The authority under 

9 subsection (a) shall be in effect during each of fiscal years 

10 2010 through 2015. 

11 SEC. 805. LIMITATION ON PERFORMANCE OF PRODUCT 

12 SUPPORT INTEGRATOR FUNCTIONS. 

13 (a) LIMITATION.— 

14 (1) IN GENERAL.—Chapter 141 of title 10, 

15 United States Code, is amended by adding at the 

16 end the following new section: 

17 ‘‘§ 2410r. Contractor sustainment support arrange18 ments: limitation on product support in19 tegrator functions 

20 ‘‘(a) LIMITATION.—A product support integrator 

21 function for a covered major system may be performed 

22 only by a member of the armed forces or an employee of 

23 the Department of Defense. 

24 ‘‘(b) DEFINITIONS.—In this section: 
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1 ‘‘(1) The term ‘product support integrator func2 tion’ means the function of integrating all sources of 

3 support for a major system, both public and private, 

4 and includes the integration of sustainment support 

5 arrangements at the level of the program office re6 sponsible for sustainment of such system. 

7 ‘‘(2) The term ‘covered major system’ means a 

8 major system for which a sustainment support ar9 rangement is employed. 

10 ‘‘(3) The term ‘sustainment support arrange11 ment’ means a contract, task order, or other con12 tractual arrangement for the integration of 

13 sustainment or logistics support such as materiel 

14 management, configuration management, data man15 agement, supply, distribution, repair, overhaul, prod16 uct improvement, calibration, maintenance, readi17 ness, reliability, availability, mean down time, cus18 tomer wait time, foot print reduction, reduced own19 ership costs and other tasks normally performed as 

20 part of the logistics support required for a major 

21 system. The term includes any of the following ar22 rangements: 

23 ‘‘(A) Contractor performance-based logis24 tics. 

25 ‘‘(B) Contractor sustainment support. 
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1 ‘‘(C) Contractor logistics support. 

2 ‘‘(D) Contractor life cycle product support. 

3 ‘‘(E) Contractor weapons system product 

4 support. 

5 ‘‘(3) The term ‘major system’ means that com6 bination of elements that will function together to 

7 produce the capabilities required to fulfill a mission 

8 need as defined in section 2302(d) this title.’’. 

9 (2) CLERICAL AMENDMENT.—The table of sec10 tions at the beginning of such chapter is amended 

11 by adding after the item relating to section 2410q 

12 the following new item: 

‘‘2410r. Contractor sustainment support arrangements: limitation on product 

support integrator functions.’’. 

13 (b) EFFECTIVE DATE.—Section 2410r of title 10, 

14 United States Code, as added by subsection (a), shall 

15 apply to contracts entered into after September 30, 2010. 

16 Subtitle B—Amendments to Gen17 eral Contracting Authorities, 

18 Procedures, and Limitations 

19 SEC. 811. REVISION OF DEFENSE SUPPLEMENT RELATING 

20 TO PAYMENT OF COSTS PRIOR TO 

21 DEFINITIZATION. 

22 (a) REQUIREMENT.—Not later than 180 days after 

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

24 Defense shall revise the Defense Supplement to the Fed-
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1 eral Acquisition Regulation to require that, if a clause re2 lating to payment of costs prior to definitization of costs 

3 is included in a contract of the Department of Defense, 

4 the clause shall apply— 

5 (1) to the contract regardless of the type of 

6 contract; and 

7 (2) to each contractual action pursuant to the 

8 contract. 

9 (b) CONTRACTUAL ACTION.—In this section, the 

10 term ‘‘contractual action’’ includes a task order or delivery 

11 order. 

12 SEC. 812. REVISIONS TO DEFINITIONS RELATING TO CON13 TRACTS IN IRAQ AND AFGHANISTAN. 

14 (a) REVISIONS TO DEFINITION OF CONTRACT IN

15 IRAQ OR AFGHANISTAN.—Section 864(a)(2) of the Na16 tional Defense Authorization Act for Fiscal Year 2008 

17 (Public Law 110–181; 122 Stat. 258; 10 U.S.C. 2302 

18 note) is amended— 

19 (1) by striking ‘‘or a task order or delivery 

20 order at any tier issued under such a contract’’ and 

21 inserting ‘‘a task order or delivery order at any tier 

22 issued under such a contract, a grant, or a coopera23 tive agreement’’; 
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1 (2) by striking in the parenthetical ‘‘or task 

2 order or delivery order’’ and inserting ‘‘task order, 

3 delivery order, grant, or cooperative agreement’’; 

4 (3) by striking ‘‘or task or delivery order’’ after 

5 the parenthetical and inserting ‘‘task order, delivery 

6 order, grant, or cooperative agreement’’; and 

7 (4) by striking ‘‘14 days’’ and inserting ‘‘30 

8 days’’. 

9 (b) REVISION TO DEFINITION OF COVERED CON10 TRACT.—Section 864(a)(3) of such Act (Public Law 110– 

11 181; 122 Stat. 259; 10 U.S.C. 2302 note) is amended— 

12 (1) by striking ‘‘or’’ at the end of subparagraph 

13 (B); 

14 (2) by striking the period and inserting a semi15 colon at the end of subparagraph (C); and 

16 (3) by adding at the end the following new sub17 paragraphs: 

18 ‘‘(D) a grant for the performance of serv19 ices in an area of combat operations, as des20 ignated by the Secretary of Defense under sub21 section (c) of section 862; or 

22 ‘‘(E) a cooperative agreement for the per23 formance of services in such an area of combat 

24 operations.’’. 
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1 (c) REVISION TO DEFINITION OF CONTRACTOR.— 

2 Paragraph (4) of section 864(a) of such Act (Public Law 

3 110–181; 122 Stat. 259; 10 U.S.C. 2302 note) is amended 

4 to read as follows: 

5 ‘‘(4) CONTRACTOR.—The term ‘contractor’, 

6 with respect to a covered contract, means— 

7 ‘‘(A) in the case of a covered contract that 

8 is a contract, subcontract, task order, or deliv9 ery order, the contractor or subcontractor car10 rying out the covered contract; 

11 ‘‘(B) in the case of a covered contract that 

12 is a grant, the grantee; and 

13 ‘‘(C) in the case of a covered contract that 

14 is a cooperative agreement, the recipient.’’. 

15 (d) REVISION IN VALUE OF CONTRACTS COVERED BY

16 CERTAIN REPORT.—Section 1248(c)(1)(B) of such Act 

17 (Public Law 110–181; 122 Stat. 400) is amended by strik18 ing ‘‘$25,000’’ and inserting ‘‘$100,000’’. 

19 SEC. 813. AMENDMENT TO NOTIFICATION REQUIREMENTS 

20 FOR AWARDS OF SINGLE SOURCE TASK OR 

21 DELIVERY ORDERS. 

22 (a) CONGRESSIONAL DEFENSE COMMITTEES.—Sub23 paragraph (B) of section 2304a(d)(3) of title 10, United 

24 States Code, is amended to read as follows: 
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1 ‘‘(B) The head of the agency shall notify the congres2 sional defense committees within 30 days after any deter3 mination under clause (i), (ii), (iii), or (iv) of subpara4 graph (A).’’. 

5 (b) CONGRESSIONAL INTELLIGENCE COMMITTEES.— 

6 Any notification provided under subparagraph (B) of sec7 tion 2304a(d)(3) of title 10, United States Code, as 

8 amended by subsection (a), shall also be provided to the 

9 Permanent Select Committee on Intelligence of the House 

10 of Representatives and the Select Committee on Intel11 ligence of the Senate if the source of funds for the task 

12 or delivery order contract concerned is the National Intel13 ligence Program or the Military Intelligence Program. 

14 SEC. 814. CLARIFICATION OF UNIFORM SUSPENSION AND 

15 DEBARMENT REQUIREMENT. 

16 Section 2455(a) of the Federal Acquisition Stream17 lining Act of 1994 (31 U.S.C. 6101 note) is amended by 

18 inserting ‘‘at any level, including subcontracts at any 

19 tier,’’ in the second sentence after ‘‘any procurement or 

20 nonprocurement activity’’. 

21 SEC. 815. EXTENSION OF AUTHORITY FOR USE OF SIM22 PLIFIED ACQUISITION PROCEDURES FOR 

23 CERTAIN COMMERCIAL ITEMS. 

24 Section 4202 of the Clinger–Cohen Act of 1996 (Di25 vision D of Public Law 104–106; 110 Stat. 652; 10 U.S.C. 
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1 2304 note) as amended by section 822 of the National 

2 Defense Authorization Act for Fiscal Year 2008 (Public 

3 Law 110–181; 122 Stat. 226) is amended in subsection 

4 (e) by striking ‘‘2010’’ and inserting ‘‘2012’’. 

5 SEC. 816. REVISION TO DEFINITIONS OF MAJOR DEFENSE 

6 ACQUISITION PROGRAM AND MAJOR AUTO7 MATED INFORMATION SYSTEM. 

8 (a) MAJOR DEFENSE ACQUISITION PROGRAM.—Sec9 tion 2430 of title 10, United States Code, is amended by 

10 adding at the end the following new subsection: 

11 ‘‘(d) In the case of a Department of Defense acquisi12 tion program that, by reason of paragraph (2) of section 

13 2445a(a) of this title, is a major automated information 

14 system program under chapter 144A of this title and that, 

15 by reason of paragraph (2) of subsection (a), is a major 

16 defense acquisition program under this chapter, the Sec17 retary of Defense may designate that program to be treat18 ed only as a major automated information system program 

19 or to be treated only as a major defense acquisition pro20 gram.’’. 

21 (b) MAJOR AUTOMATED INFORMATION SYSTEM.— 

22 Section 2445a(a) of such title is amended by inserting 

23 ‘‘that is not a highly sensitive classified program (as deter24 mined by the Secretary of Defense)’’ after ‘‘(either as a 

25 product or service)’’. 
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1 SEC. 817. SMALL ARMS PRODUCTION INDUSTRIAL BASE. 

2 Section 2473 of title 10, United States Code, is 

3 amended— 

4 (1) by amending subsection (c) to read as fol5 lows: 

6 ‘‘(c) SMALL ARMS PRODUCTION INDUSTRIAL

7 BASE.—In this section, the term ‘small arms production 

8 industrial base’ means the persons and organizations that 

9 are engaged in the production or maintenance of small 

10 arms within the United States.’’; and 

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

12 following new paragraph: 

13 ‘‘(6) Pistols.’’. 

14 SEC. 818. PUBLICATION OF JUSTIFICATION FOR BUNDLING 

15 OF CONTRACTS OF THE DEPARTMENT OF DE16 FENSE. 

17 (a) REQUIREMENT TO PUBLISH JUSTIFICATION FOR

18 BUNDLING.—A contracting officer of the Department of 

19 Defense carrying out a covered acquisition shall publish 

20 the justification required by paragraph (f) of subpart 

21 7.107 of the Federal Acquisition Regulation on the 

22 website known as FedBizOpps.gov (or any successor site) 

23 30 days prior to the release of a solicitation for such acqui24 sition. 
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1 (b) COVERED ACQUISITION DEFINED.—In this sec2 tion, the term ‘‘covered acquisition’’ means an acquisition 

3 that is— 

4 (1) funded entirely using funds of the Depart5 ment of Defense; and 

6 (2) covered by subpart 7.107 of the Federal Ac7 quisition Regulation (relating to acquisitions involv8 ing bundling). 

9 (c) CONSTRUCTION.—(1) Nothing in this section 

10 shall be construed to alter the responsibility of a con11 tracting officer to provide the justification referred to in 

12 subsection (a) with respect to a covered acquisition, or 

13 otherwise provide notification, to any party concerning 

14 such acquisition under any other requirement of law or 

15 regulation. 

16 (2) Nothing in this section shall be construed to re17 quire the public availability of information that is exempt 

18 from public disclosure under section 552(b) of title 5, 

19 United States Code, or is otherwise restricted from public 

20 disclosure by law or Executive order. 

21 (3) Nothing in this section shall be construed to re22 quire a contracting officer to delay the issuance of a solici23 tation in order to meet the requirements of subsection (a) 

24 if the expedited issuance of such solicitation is otherwise 
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1 authorized under any other requirement of law or regula2 tion. 

3 SEC. 819. CONTRACT AUTHORITY FOR ADVANCED COMPO4 NENT DEVELOPMENT OR PROTOTYPE UNITS. 

5 (a) AUTHORITY.—A contract initially awarded from 

6 the competitive selection of a proposal resulting from a 

7 general solicitation referred to in section 2302(2)(B) of 

8 title 10, United States Code, may contain a contract op9 tion for— 

10 (1) the provision of advanced component devel11 opment and prototype of technology developed in the 

12 initial underlying contract; or 

13 (2) the delivery of initial or additional prototype 

14 items if the item or a prototype thereof is created 

15 as the result of work performed under the initial 

16 competed research contract. 

17 (b) DELIVERY.—A contract option as described in 

18 subsection (a)(2) shall require the delivery of the minimal 

19 amount of initial or additional prototype items to allow 

20 for the timely competitive solicitation and award of a fol21 low-on development or production contract for those items. 

22 Such contract option may have a value only up to three 

23 times the value of the base contract ceiling and any subse24 quent development or procurement must be subject to the 

25 terms of section 2304 of title 10, United States Code. 
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1 (c) TERM.—A contract option as described in sub2 section (a)(1) shall be for a term of not more than 12 

3 months. 

4 (d) USE OF AUTHORITY.—Each military department 

5 may use the authority provided in subsection (a) to exer6 cise a contract option described in that subsection up to 

7 four times a year, and the Secretary of Defense may ap8 prove up to an additional four total options a year for 

9 projects supported by agencies of the Department of De10 fense, until September 30, 2014. 

11 (e) REPORT.—The Secretary of Defense shall submit 

12 to the congressional defense committees a report on the 

13 use of the authority provided by subsection (a) not later 

14 than March 1, 2014. The report shall, at a minimum, de15 scribe— 

16 (1) the number of times the contract options 

17 were exercised under such authority and the scope of 

18 each such option; 

19 (2) the circumstances that rendered the mili20 tary department or defense agency unable to solicit 

21 and award a follow-on development or production 

22 contract in a timely fashion, but for the use of such 

23 authority; 

24 (3) the extent to which such authority increased 

25 competition and improved technology transition; and 
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1 (4) any recommendations regarding the modi2 fication or extension of such authority. 

3 Subtitle C—Other Matters 

4 SEC. 821. ENHANCED EXPEDITED HIRING AUTHORITY FOR 

5 DEFENSE ACQUISITION WORKFORCE POSI6 TIONS. 

7 (a) IN GENERAL.—Section 1705(h)(1) of title 10, 

8 United States Code, is amended— 

9 (1) in subparagraph (A), by striking ‘‘acquisi10 tion positions within the Department of Defense as 

11 shortage category positions’’ and inserting ‘‘acquisi12 tion workforce positions as positions for which there 

13 exists a shortage of candidates or there is a critical 

14 hiring need’’; and 

15 (2) in subparagraph (B), by striking ‘‘highly’’. 

16 (b) TECHNICAL AMENDMENT.—Such section is fur17 ther amended by striking ‘‘United States Code,’’ in the 

18 matter preceding subparagraph (A). 

19 SEC. 822. ACQUISITION WORKFORCE DEVELOPMENT FUND 

20 AMENDMENTS. 

21 (a) REVISIONS TO CREDITS TO FUND.— 

22 (1) REMITTANCE BY FISCAL YEAR INSTEAD OF

23 QUARTER.—Subparagraph (B) of section 1705(d)(2) 

24 of title 10, United States Code, is amended— 
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1 (A) in the first sentence, by striking ‘‘the 

2 third fiscal year quarter’’ and all that follows 

3 through ‘‘thereafter’’ and inserting ‘‘each fiscal 

4 year’’; and 

5 (B) by striking ‘‘quarter’’ before ‘‘for serv6 ices’’. 

7 (2) AUTHORITY TO SUSPEND REMITTANCE RE8 QUIREMENT.—Section 1705(d)(2) of such title is 

9 further amended by adding at the end the following 

10 new subparagraph: 

11 ‘‘(E) The Secretary of Defense may suspend 

12 the requirement to remit amounts under subpara13 graph (B), or reduce the amount required to be re14 mitted under that subparagraph, for fiscal year 

15 2010 or any subsequent fiscal year for which 

16 amounts appropriated to the Fund are in excess of 

17 the amount specified for that fiscal year in subpara18 graph (D).’’. 

19 (b) REVISION TO EMPLOYEES COVERED BY PROHIBI20 TION OF PAYMENT OF BASE SALARY.—Paragraph (5) of 

21 section 1705(e) of such title is amended by striking ‘‘who 

22 was an employee of the Department as of the date of the 

23 enactment of the National Defense Authorization Act for 

24 Fiscal Year 2008’’ and inserting ‘‘who, as of January 28, 
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1 2008, was an employee of the Department serving in a 

2 position in the acquisition workforce’’. 

3 (c) TECHNICAL AMENDMENTS.—Section 1705 of 

4 such title is further amended— 

5 (1) in subsection (a), by inserting ‘‘Develop6 ment’’ after ‘‘Workforce’’; and 

7 (2) in subsection (f), by striking ‘‘beginning 

8 with fiscal year 2008’’ in the matter preceding para9 graph (1). 

10 SEC. 823. REPORTS TO CONGRESS ON FULL DEPLOYMENT 

11 DECISIONS FOR MAJOR AUTOMATED INFOR12 MATION SYSTEM PROGRAMS. 

13 (a) IMPLEMENTATION SCHEDULE.—Section 

14 2445b(b)(2) of title 10, United States Code, is amended 

15 by striking ‘‘, initial operational capability, and full oper16 ational capability’’ and inserting ‘‘and full deployment de17 cision’’. 

18 (b) CRITICAL CHANGES IN PROGRAM.—Section 

19 2445c(d)(2)(A) of such title is amended by striking ‘‘ini20 tial operational capability’’ and inserting ‘‘a full deploy21 ment decision’’. 
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1 SEC. 824. REQUIREMENT FOR SECRETARY OF DEFENSE TO 

2 DENY AWARD AND INCENTIVE FEES TO COM3 PANIES FOUND TO JEOPARDIZE HEALTH OR 

4 SAFETY OF GOVERNMENT PERSONNEL. 

5 (a) REQUIREMENT TO DENY AWARD AND INCENTIVE

6 FEES.— 

7 (1) PRIME CONTRACTORS.—The Secretary of 

8 Defense shall prohibit the payment of award and in9 centive fees to any defense contractor— 

10 (A) that has been determined, through a 

11 criminal, civil, or administrative proceeding that 

12 results in a disposition listed in subsection (c), 

13 in the performance of a covered contract to 

14 have caused serious bodily injury or death to 

15 any civilian or military personnel of the Govern16 ment through gross negligence or with reckless 

17 disregard for the safety of such personnel; or 

18 (B) that awarded a subcontract under a 

19 covered contract to a subcontractor that has 

20 been determined, through a criminal, civil, or 

21 administrative proceeding that results in a dis22 position listed in subsection (c), in the perform23 ance of the subcontract to have caused serious 

24 injury or death to any civilian or military per25 sonnel of the Government, through gross neg26 ligence or with reckless disregard for the safety 
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1 of such personnel, but only to the extent that 

2 the defense contractor has been determined 

3 (through such a proceeding that results in such 

4 a disposition) that the defense contractor is also 

5 liable for such actions of the subcontractor. 

6 (2) SUBCONTRACTORS.—The Secretary of De7 fense shall prohibit the payment of award and incen8 tive fees to any subcontractor under a covered con9 tract that has been determined, through a criminal, 

10 civil, or administrative proceeding that results in a 

11 disposition listed in subsection (c), in the perform12 ance of a covered contract to have caused serious 

13 bodily injury or death to any civilian or military per14 sonnel of the Government through gross negligence 

15 or with reckless disregard for the safety of such per16 sonnel. 

17 (b) DETERMINATION OF DEBARMENT.—Not later 

18 than 90 days after a determination pursuant to subsection 

19 (a)(1) has been made, the Secretary shall determine 

20 whether the defense contractor should be debarred from 

21 contracting with the Department of Defense. 

22 (c) LIST OF DISPOSITIONS IN CRIMINAL, CIVIL, OR

23 ADMINISTRATIVE PROCEEDINGS.—For purposes of sub24 section (a), the dispositions listed in this subsection are 

25 as follows: 
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1 (1) In a criminal proceeding, a conviction. 

2 (2) In a civil proceeding, a finding of fault and 

3 liability that results in the payment of a monetary 

4 fine, penalty, reimbursement, restitution, or damages 

5 of $5,000 or more. 

6 (3) In an administrative proceeding, a finding 

7 of fault and liability that results in— 

8 (A) the payment of a monetary fine or 

9 penalty of $5,000 or more; or 

10 (B) the payment of a reimbursement, res11 titution, or damages in excess of $100,000. 

12 (4) To the maximum extent practicable and 

13 consistent with applicable laws and regulations, in a 

14 criminal, civil, or administrative proceeding, a dis15 position of the matter by consent or compromise 

16 with an acknowledgment of fault by the person if the 

17 proceeding could have led to any of the outcomes 

18 specified in paragraph (1), (2), or (3). 

19 (d) WAIVER.—The prohibition required by subsection 

20 (a) may be waived by the Secretary of Defense on a case21 by-case basis if the Secretary finds that the prohibition 

22 would jeopardize national security. The Secretary shall no23 tify the congressional defense committees of any exercise 

24 of the waiver authority under this subsection. 

25 (e) DEFINITIONS.—In this section: 
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1 (1) The term ‘‘defense contractor’’ means a 

2 company awarded a covered contract. 

3 (2) The term ‘‘covered contract’’ means a con4 tract awarded by the Department of Defense for the 

5 procurement of goods or services. 

6 (3) The term ‘‘serious bodily injury’’ means a 

7 grievous physical harm that results in a permanent 

8 disability. 

9 (f) REGULATIONS.—Not later than 180 days after 

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

11 Defense shall prescribe regulations to implement the pro12 hibition required by subsection (a) and shall establish in 

13 such regulations— 

14 (1) that the prohibition applies only to award 

15 and incentive fees under the covered contract con16 cerned; 

17 (2) the extent of the award and incentive fees 

18 covered by the prohibition, but shall include, at a 

19 minimum, all award and incentive fees associated 

20 with the performance of the covered contract in the 

21 year in which the serious bodily injury or death re22 sulting in a disposition listed in subsection (c) oc23 curred; and 

24 (3) mechanisms for recovery by or repayment to 

25 the Government of award and incentive fees paid to 
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1 a contractor or subcontractor under a covered con2 tract prior to the determination. 

3 (g) EFFECTIVE DATE.—The prohibition required by 

4 subsection (a) shall apply to covered contracts awarded on 

5 or after the date occurring 180 days after the date of the 

6 enactment of this Act. 

7 SEC. 825. AUTHORIZATION FOR ACTIONS TO CORRECT THE 

8 INDUSTRIAL RESOURCE SHORTFALL FOR 

9 HIGH-PURITY BERYLLIUM METAL IN 

10 AMOUNTS NOT IN EXCESS OF $85,000,000. 

11 With respect to actions by the President under sec12 tion 303 of the Defense Production Act of 1950 (50 

13 U.S.C. App. 2093) to correct the industrial resource short14 fall for high-purity beryllium metal, the limitation in sub15 section (a)(6)(C) of such section shall be applied by sub16 stituting ‘‘$85,000,000’’ for ‘‘$50,000,000’’. 

17 SEC. 826. REVIEW OF POST EMPLOYMENT RESTRICTIONS 

18 APPLICABLE TO THE DEPARTMENT OF DE19 FENSE. 

20 (a) REVIEW REQUIRED.—The Panel on Contracting 

21 Integrity, established pursuant to section 813 of the John 

22 Warner National Defense Authorization Act for Fiscal 

23 Year 2007 (Public Law 109–364), shall review policies re24 lating to post-employment restrictions on former Depart25 ment of Defense personnel to determine whether such poli-
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1 cies adequately protect the public interest, without unrea2 sonably limiting future employment options for former De3 partment of Defense personnel. 

4 (b) MATTERS CONSIDERED.—In performing the re5 view required by subsection (a), the Panel shall consider 

6 the extent to which current post-employment restric7 tions— 

8 (1) appropriately protect the public interest by 

9 preventing personal conflicts of interests and pre10 venting former Department of Defense officials from 

11 exercising undue or inappropriate influence on the 

12 Department of Defense; 

13 (2) appropriately require disclosure of personnel 

14 accepting employment with contractors of the De15 partment of Defense involving matters related to 

16 their official duties; 

17 (3) use appropriate thresholds, in terms of sal18 ary or duties, for the establishment of such restric19 tions; 

20 (4) are sufficiently straightforward and have 

21 been explained to personnel of the Department of 

22 Defense so that such personnel are able to avoid po23 tential violations of post-employment restriction and 

24 conflicts of interest in interactions with former per25 sonnel of the Department; 
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1 (5) adequately address personnel performing 

2 duties in acquisition-related activities that are not 

3 covered by current restrictions relating to private 

4 sector employment following employment with the 

5 Department of Defense and procurement integrity, 

6 such as personnel involved in— 

7 (A) the establishment of requirements; 

8 (B) testing and evaluation; and 

9 (C) the development of doctrine; 

10 (6) ensure that the Department of Defense has 

11 access to world-class talent, especially with respect 

12 to highly qualified technical, engineering, and acqui13 sition expertise; and 

14 (7) ensure that service in the Department of 

15 Defense remains an attractive career option. 

16 (c) COMPLETION OF THE REVIEW.—The Panel shall 

17 complete the review required by subsection (a) not later 

18 than 1 year after the date of the enactment of this Act. 

19 (d) REPORT TO COMMITTEES ON ARMED SERV20 ICES.—Not later than 30 days after the completion of the 

21 review, the Panel shall submit to the Committees on 

22 Armed Services of the Senate and the House of Represent23 atives a report containing the findings of the review and 

24 the recommendations of the Panel to the Secretary of De-
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1 fense, including recommended legislative or regulatory 

2 changes, resulting from the review. 

3 (e) NATIONAL ACADEMY OF PUBLIC ADMINISTRA4 TION ASSESSMENT.— 

5 (1) Not later than 30 days after the completion 

6 of the review, the Secretary of Defense shall enter 

7 into an arrangement with the National Academy of 

8 Public Administration to assess the findings and rec9 ommendations of the review. 

10 (2) Not later than 210 days after the comple11 tion of the review, the National Academy of Public 

12 Administration shall provide its assessment of the 

13 review to the Secretary, along with such additional 

14 recommendations as the National Academy may 

15 have. 

16 (3) Not later than 30 days after receiving the 

17 assessment, the Secretary shall provide the assess18 ment, along with such comments as the Secretary 

19 considers appropriate, to the Committees on Armed 

20 Services of the Senate and the House of Representa21 tives. 
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1 SEC. 827. REQUIREMENT TO BUY MILITARY DECORATIONS, 

2 RIBBONS, BADGES, MEDALS, INSIGNIA, AND 

3 OTHER UNIFORM ACCOUTERMENTS PRO4 DUCED IN THE UNITED STATES. 

5 (a) REQUIREMENT.—Subchapter III of chapter 147 

6 of title 10, United States Code, is amended by adding at 

7 the end the following new section: 

8 ‘‘§ 2495c. Requirement to buy military decorations 

9 and other uniform accouterments from 

10 American sources; exceptions 

11 ‘‘(a) BUY-AMERICAN REQUIREMENT.—A military ex12 change store or other nonappropriated fund instrumen13 tality of the Department of Defense may not purchase for 

14 resale any military decorations, ribbons, badges, medals, 

15 insignia, and other uniform accouterments that are not 

16 produced in the United States. Competitive procedures 

17 shall be used in selecting the United States producer of 

18 the decorations. 

19 ‘‘(b) HERALDIC QUALITY CONTROL.—No certificate 

20 of authority (contained in part 507 of title 32, Code of 

21 Federal Regulations) for the manufacture and sale of any 

22 item reference in subsection (a) by the Institute of Her23 aldry, the Navy Clothing and Textile Research Facility, 

24 or the Marine Corps Combat Equipment and Support Sys25 tems for quality control and specifications purposes shall 
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1 be permitted unless these items are from domestic mate2 rial manufactured in the United States. 

3 ‘‘(c) EXCEPTION.—Subsections (a) and (b) do not 

4 apply to the extent that the Secretary of Defense deter5 mines that a satisfactory quality and sufficient quantity 

6 of an item covered by subsection (a) and produced in the 

7 United States cannot be procured at a reasonable cost. 

8 ‘‘(d) UNITED STATES DEFINED.—In this section, the 

9 term ‘United States’ includes the Commonwealth of Puer10 to Rico, Guam, the United States Virgin Islands, the Com11 monwealth of the Northern Mariana Islands, American 

12 Samoa, and any other territory or possession of the United 

13 States.’’. 

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

15 at the beginning of such subchapter is amended by adding 

16 at the end the following new item: 

‘‘2495c. Requirement to buy military decorations and other uniform 

accouterments from American sources; exceptions.’’. 

17 (c) CONFORMING AMENDMENT.—Section 

18 2533a(b)(1) of such title is amended— 

19 (1) in subparagraph (D), by striking ‘‘or’’ at 

20 the end; 

21 (2) in subparagraph (E), by striking the period 

22 at the end and inserting ‘‘; or’’; and 

23 (3) by adding at the end the following new sub24 paragraph: 
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1 ‘‘(F) military decorations, ribbons, badges, 

2 medals, insignia, and other uniform 

3 accouterments.’’. 

4 SEC. 828. FINDINGS AND REPORT ON THE USAGE OF RARE 

5 EARTH MATERIALS IN THE DEFENSE SUPPLY 

6 CHAIN. 

7 (a) FINDINGS.—Regarding the availability of rare 

8 earth materials and components containing rare earth ma9 terials in the defense supply chain Congress finds— 

10 (1) it is necessary, to the maximum extent 

11 practicable, to ensure the uninterrupted supply of 

12 strategic materials critical to national security, in13 cluding rare earth materials and other items covered 

14 under section 2533b of title 10, United States Code, 

15 to support the defense supply-chain, particularly 

16 when many of those materials are supplied by pri17 mary producers in unreliable foreign nations; 

18 (2) many less common metals, including rare 

19 earths and thorium, are critical to modern tech20 nologies, including numerous defense critical tech21 nologies and these technologies cannot be built with22 out the use of these metals and materials produced 

23 from them and therefore could qualify as strategic 

24 materials, critical to national security, in which case 

25 the Strategic Materials Protection Board should rec-
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1 ommend a strategy to the President to ensure the 

2 domestic availability of these materials; and 

3 (3) there is a need to identify the strategic 

4 value placed on rare earth materials by foreign na5 tions (including China), and the Department of De6 fense’s supply-chain vulnerability related to rare 

7 earths and end items containing rare earths. 

8 (b) REPORT REQUIRED.—Not later than April 1, 

9 2010, the Comptroller General shall submit to the Com10 mittees on Armed Services of the Senate and House of 

11 Representatives a report on the usage of rare earth mate12 rials in the supply chain of the Department of Defense. 

13 (c) OBJECTIVES OF REPORT.—The objectives of the 

14 report required by subsection (b) shall be to determine the 

15 availability of rare earth materials, including ores, semi16 finished rare earth products, components containing rare17 earth materials, and other uses of rare earths by the De18 partment of Defense in its weapon systems. The following 

19 items shall be considered: 

20 (1) An analysis of past procurements and at21 tempted procurements by foreign governments or 

22 government- controlled entities, including mines and 

23 mineral rights, of rare-earth resources outside such 

24 nation’s territorial boundaries. 
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1 (2) An analysis of the worldwide availability of 

2 rare earths, such as samarium, neodymium, thorium 

3 and lanthanum, including current and potential do4 mestic sources for use in defense systems, including 

5 a projected analysis of projected availability of these 

6 materials in the export market. 

7 (3) A determination as to which defense sys8 tems are currently dependent on rare earths sup9 plied by nondomestic sources, particularly neodym10 ium iron boron magnets. 

11 (d) RARE EARTH DEFINED.—In this section, the 

12 term ‘‘rare earth’’ means the chemical elements, all met13 als, beginning with lanthanum, atomic number 57, and in14 cluding all of the natural chemical elements in the periodic 

15 table following lanthanum up to and including lutetium, 

16 element number 71. The term also includes the elements 

17 yttrium and scandium. 

18 SEC. 829. FURNITURE STANDARDS. 

19 All Department of Defense purchases of furniture in 

20 the United States and its territories made from Depart21 ment of Defense funds, including under design-build con22 tracts, must meet the same quality standards as specified 

23 by the General Services Administration schedule program 

24 and the Department of Defense. 
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1 SEC. 830. FOLLOW-ON CONTRACTS FOR CERTAIN ITEMS AC2 QUIRED FOR SPECIAL OPERATIONS FORCES. 

3 (a) AUTHORITY FOR AWARD OF FOLLOW-ON CON4 TRACTS.—The commander of the special operations com5 mand, acting under authority provided by section 

6 167(e)(4) of title 10, United States Code, may award a 

7 follow-on contract for the acquisition of an item to a con8 tractor who previously provided such item if— 

9 (1) the item is an item of special operations-pe10 culiar equipment and not anticipated to be made 

11 service common within 24 months of the initial con12 tract; 

13 (2) the item was previously acquired in the 

14 make, model, and type— 

15 (A) using competitive procedures; 

16 (B) under the authority of other statutory 

17 authority permitting noncompetitive or limited 

18 competition procurement actions (such as sec19 tion 8(a) of the Small Business Act (15 U.S.C. 

20 637(a)), section 31 of such Act (15 U.S.C. 

21 657a, relating to the HUBZone program), and 

22 section 36 of such Act (15 U.S.C. 657f, relating 

23 to procurement program for small business con24 cerns owned and controlled by service-disabled 

25 veterans)); or 
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1 (C) as a result of a competition among a 

2 limited number of sources on the basis that the 

3 disclosure of the need for the item would com4 promise national security ; and 

5 (3) the acquisition of the item by means other 

6 than a follow-on contract with the contractor would 

7 unduly delay the fielding of such item to forces pre8 paring for or participating in overseas contingency 

9 operations or for other deployments undertaken in 

10 response to a request from a combatant commander. 

11 (b) LIMITATIONS.—A contract awarded using the au12 thority in subsection (a)— 

13 (1) may have a period of performance of not 

14 longer than 1 year; 

15 (2) may be used only to acquire one or more 

16 items having an individual unit price under 

17 $100,000; and 

18 (3) may have a total value not exceeding 

19 $25,000,000. 

20 (c) NOTIFICATION.—Not later than 45 days after the 

21 use of the authority in subsection (a), the commander of 

22 the special operations command shall submit to the con23 gressional defense committees a notification of the use of 

24 such authority. 
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1 (d) TERMINATION OF AUTHORITY.—The commander 

2 of the special operations command may not use the au3 thority in subsection (a) on and after October 1, 2013. 

4 SEC. 831. DEFENSE SUBCONTRACTOR PROLIFERATION 

5 COST EFFECTIVENESS STUDY AND REPORTS. 

6 (a) STUDY.—The Secretary of Defense shall conduct 

7 a study on the total number of subcontractors used on 

8 the last five major weapons systems in which acquisition 

9 has been completed and determine if fewer subcontractors 

10 could have been more cost effective. 

11 (b) MANAGEMENT BURDEN.—In conducting the 

12 study, the Secretary of Defense shall evaluate any poten13 tial cost savings derived from less management burden 

14 from multiple subcontractors on the Federal acquisition 

15 workforce. 

16 (c) REPORT BY SECRETARY OF DEFENSE.—Not later 

17 than March 1, 2010, the Secretary of Defense shall submit 

18 to the Committee on Armed Services of the House of Rep19 resentatives and the Committee on Armed Services of the 

20 Senate a report on the results of the study. 

21 (d) REPORT BY COMPTROLLER GENERAL.—Not later 

22 than May 1, 2010, the Comptroller General shall submit 

23 to the Committee on Armed Services of the House of Rep24 resentatives and the Committee on Armed Services of the 
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1 Senate a review of the Department of Defense report sub2 mitted under subsection (c). 

3 SEC. 832. COMPTROLLER GENERAL REPORT ON DEFENSE 

4 CONTRACT COST OVERRUNS. 

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

6 after the date of the enactment of this Act, the Comp7 troller General of the United States shall submit to Con8 gress a report on cost overruns in the performance of de9 fense contracts. 

10 (b) MATTERS COVERED.—The report under sub11 section (a) shall include, at a minimum, the following: 

12 (1) A list of each contractor with a cost overrun 

13 during any of fiscal years 2006, 2007, 2008, or 

14 2009, including identification of the contractor and 

15 the covered contract involved, the cost estimate of 

16 the covered contract, and the cost overrun for the 

17 covered contract. 

18 (2) Findings and recommendations of the 

19 Comptroller General. 

20 (3) Such other matters as the Comptroller Gen21 eral considers appropriate. 

22 (c) COVERED CONTRACT.—In this section, the term 

23 ‘‘covered contract’’ means a contract that is awarded by 

24 the Department of Defense through the use of a solicita25 tion for competitive proposals, in an amount greater than 
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1 the simplified acquisition threshold, and that is a cost-re2 imbursement contract or a time-and-materials contract. 

3 SEC. 833. PROCUREMENT PROFESSIONALISM ADVISORY 

4 PANEL. 

5 (a) GAO-CONVENED PANEL.—The Comptroller Gen6 eral shall convene a panel of experts, to be known as the 

7 Procurement Professionalism Advisory Panel, to study the 

8 ethics, competence, and effectiveness of acquisition per9 sonnel and the governmentwide procurement process, in10 cluding the following: 

11 (1) The role played by the Federal acquisition 

12 workforce at each stage of the procurement process, 

13 with a focus on the following: 

14 (A) Personnel shortages. 

15 (B) Expertise shortages. 

16 (C) The relationship between career acqui17 sition personnel and political appointees. 

18 (D) The relationship between acquisition 

19 personnel and contractors. 

20 (2) The legislation, regulation, official policy, 

21 and informal customs that govern procurement per22 sonnel. 

23 (3) Training and retention tools used to hire, 

24 retain, and professionally develop acquisition per25 sonnel, including the following: 
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1 (A) The Defense Acquisition University. 

2 (B) The Federal Acquisition Institute. 

3 (C) Continuing education and professional 

4 development opportunities available to acquisi5 tion professionals. 

6 (D) Opportunities to pursue higher edu7 cation available to acquisition personnel, includ8 ing scholarships and student loan forgiveness. 

9 (b) ADMINISTRATION OF PANEL.—The Comptroller 

10 General shall be the chairman of the panel. 

11 (c) COMPOSITION OF PANEL.— 

12 (1) MEMBERSHIP.—The Comptroller General 

13 shall appoint highly qualified and knowledgeable per14 sons to serve on the panel and shall ensure that the 

15 following groups receive fair representation on the 

16 panel: 

17 (A) Officers and employees of the United 

18 States. 

19 (B) Persons in private industry. 

20 (C) Federal labor organizations. 

21 (2) FAIR REPRESENTATION.—For the purposes 

22 of the requirement for fair representation under 

23 paragraph (1), persons serving on the panel under 

24 subparagraph (C) of that paragraph shall not be 
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1 counted as persons serving on the panel under sub2 paragraph (A) or (B) of that paragraph. 

3 (d) PARTICIPATION BY OTHER INTERESTED PAR4 TIES.—The Comptroller General shall ensure that the op5 portunity to submit information and views on the ethics, 

6 competence, and effectiveness of acquisition personnel to 

7 the panel for the purposes of the study is accorded to all 

8 interested parties, including officers and employees of the 

9 United States not serving on the panel and entities in pri10 vate industry and representatives of Federal labor organi11 zations not represented on the panel. 

12 (e) INFORMATION FROM AGENCIES.—The panel may 

13 secure directly from any department or agency of the 

14 United States any information that the panel considers 

15 necessary to carry out a meaningful study of administra16 tion of the rules described in subsection (a). Upon the re17 quest of the Chairman of the panel, the head of such de18 partment or agency shall furnish the requested informa19 tion to the panel. 

20 (f) REPORT.— 

21 (1) IN GENERAL.—Not later than 18 months 

22 after the date of the enactment of this Act, the 

23 Comptroller General shall submit a report on the re24 sults of the study to— 
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1 (A) the Committee on Oversight and Gov2 ernment Reform of the House of Representa3 tives; 

4 (B) the Committee on Armed Services of 

5 the House of Representatives; 

6 (C) the Committee on Homeland Security 

7 and Government Affairs of the Senate; and 

8 (D) the Committee on Armed Services of 

9 the Senate. 

10 (2) AVAILABILITY.—The Comptroller General 

11 shall publish the report in the Federal Register and 

12 on a publically accessible website (acquisition.gov). 

13 (g) DEFINITION.—In this section, the term ‘‘Federal 

14 labor organization’’ has the meaning given the term ‘‘labor 

15 organization’’ in section 7103(a)(4) of title 5, United 

16 States Code. 

17 SEC. 834. ACCESS BY CONGRESS TO DATABASE OF INFOR18 MATION REGARDING THE INTEGRITY AND 

19 PERFORMANCE OF CERTAIN PERSONS 

20 AWARDED FEDERAL CONTRACTS AND 

21 GRANTS. 

22 Section 872(e)(1) of the Duncan Hunter National 

23 Defense Authorization Act for Fiscal Year 2009 (Public 

24 Law 110–417; 122 Stat. 455) is amended by striking ‘‘the 

25 Chairman and Ranking Member of the committees of Con-
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1 gress having jurisdiction’’ and inserting ‘‘any Member of 

2 Congress’’. 

3 SEC. 835. ADDITIONAL REPORTING REQUIREMENTS FOR 

4 INVENTORY RELATING TO CONTRACTS FOR 

5 SERVICES. 

6 (a) ADDITIONAL REPORTING REQUIREMENTS.—Sec7 tion 2330a(c)(1) of title 10, United States Code, is amend8 ed by adding at the end the following new subparagraph: 

9 ‘‘(H) With respect to such contracts for serv10 ices— 

11 ‘‘(i) the ratio between the number of indi12 viduals responsible for awarding and overseeing 

13 such contracts to the amount obligated or ex14 pended on such contracts; and 

15 ‘‘(ii) the number of individuals responsible 

16 for awarding and overseeing such contracts who 

17 are themselves contractors.’’. 

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

19 subsection (a) shall apply with respect to fiscal year 2011 

20 and fiscal years thereafter. 
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1 SEC. 836. REQUIREMENT TO JUSTIFY THE USE OF FACTORS 

2 OTHER THAN COST OR PRICE AS THE PRE3 DOMINATE FACTORS IN EVALUATING COM4 PETITIVE PROPOSALS FOR DEFENSE PRO5 CUREMENT CONTRACTS. 

6 (a) REQUIREMENT.—Subparagraph (A) of section 

7 2305(a)(2) of title 10, United States Code, is amended— 

8 (1) by striking ‘‘and’’ at the end of clause (i); 

9 and 

10 (2) by inserting after clause (ii) the following 

11 new clause: 

12 ‘‘(iii) in the case of a solicitation in which 

13 factors other than cost or price when combined 

14 are more important than cost or price, the rea15 sons why assigning at least equal importance to 

16 cost or price would not better serve the Govern17 ment’s interest; and’’. 

18 (b) REPORT.—Section 2305(a)(3) of such title is 

19 amended by adding at the end the following new subpara20 graph: 

21 ‘‘(C) Not later than 180 days after the end of each 

22 fiscal year, the Secretary of Defense shall submit to Con23 gress, and post on a publicly available website of the De24 partment of Defense, a report describing the solicitations 

25 for which a statement pursuant to paragraph (2)(A)(iii) 

26 was included.’’. 
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1 TITLE IX—DEPARTMENT OF DE2 FENSE ORGANIZATION AND 

3 MANAGEMENT 

Subtitle A—Department of Defense Management 

Sec. 901. Role of commander of special operations command regarding personnel management policy and plans affecting special operations forces. 

Sec. 902. Special operations activities. 

Sec. 903. Redesignation of the Department of the Navy as the Department of 

the Navy and Marine Corps. 

Sec. 904. Authority to allow private sector civilians to receive instruction at Defense Cyber Investigations Training Academy of the Defense 

Cyber Crime Center. 

Sec. 905. Organizational structure of the Office of the Assistant Secretary of 

Defense for Health Affairs and the TRICARE Management 

Activity. 

Sec. 906. Requirement for Director of Operational Energy Plans and Programs 

to report directly to Secretary of Defense. 

Sec. 907. Increased flexibility for Combatant Commander Initiative Fund. 

Sec. 908. Repeal of requirement for a Deputy Under Secretary of Defense for 

Technology Security Policy within the Office of the Under Secretary of Defense for Policy. 

Sec. 909. Recommendations to Congress by members of Joint Chiefs of Staff. 

Subtitle B—Space Activities 

Sec. 911. Submission and review of space science and technology strategy. 

Sec. 912. Converting the space surveillance network pilot program to a permanent program. 

Subtitle C—Intelligence-Related Matters 

Sec. 921. Plan to address foreign ballistic missile intelligence analysis. 

Subtitle D—Other Matters 

Sec. 931. Joint Program Office for Cyber Operations Capabilities. 

Sec. 932. Defense Integrated Military Human Resources System Transition 

Council. 

Sec. 933. Department of Defense School of Nursing revisions. 

Sec. 934. Report on special operations command organization, manning, and 

management. 

Sec. 935. Study on the recruitment, retention, and career progression of uniformed and civilian military cyber operations personnel. 
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1 Subtitle A—Department of Defense 

2 Management 

3 SEC. 901. ROLE OF COMMANDER OF SPECIAL OPERATIONS 

4 COMMAND REGARDING PERSONNEL MAN5 AGEMENT POLICY AND PLANS AFFECTING 

6 SPECIAL OPERATIONS FORCES. 

7 Section 167(e) of title 10, United States Code, is 

8 amended— 

9 (1) in paragraph (2), by striking subparagraph 

10 (J); and 

11 (2) inserting at the end the following new para12 graph: 

13 ‘‘(5)(A) The Secretaries of the military departments 

14 shall coordinate with the commander of the special oper15 ations command regarding personnel management policy 

16 and plans as such policy and plans relate to the following: 

17 ‘‘(i) Accessions, assignments, and command se18 lection for special operations forces. 

19 ‘‘(ii) Compensation, promotions, retention, pro20 fessional development, and training of members of 

21 special operations forces. 

22 ‘‘(iii) Readiness as it relates to manning guid23 ance and priority of fill for units of the special oper24 ations forces. 
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1 ‘‘(B) The coordination required by subparagraph (A) 

2 shall be conducted in such a manner so as not to interfere 

3 with the authorities of the Secretary concerned regarding 

4 personnel management policy and plans.’’. 

5 SEC. 902. SPECIAL OPERATIONS ACTIVITIES. 

6 Section 167(j) of title 10, United States Code, is 

7 amended by striking paragraphs (1) through (10) and in8 serting the following new paragraphs: 

9 ‘‘(1) Special reconnaissance. 

10 ‘‘(2) Unconventional warfare. 

11 ‘‘(3) Foreign internal defense. 

12 ‘‘(4) Civil affairs operations. 

13 ‘‘(5) Counterterrorism. 

14 ‘‘(6) Psychological operations. 

15 ‘‘(7) Information operations. 

16 ‘‘(8) Counter proliferation of weapons of mass 

17 destruction. 

18 ‘‘(9) Security force assistance. 

19 ‘‘(10) Counterinsurgency operations. 

20 ‘‘(11) Such other activities as may be specified 

21 by the President or the Secretary of Defense.’’. 
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1 SEC. 903. REDESIGNATION OF THE DEPARTMENT OF THE 

2 NAVY AS THE DEPARTMENT OF THE NAVY 

3 AND MARINE CORPS. 

4 (a) REDESIGNATION OF THE DEPARTMENT OF THE

5 NAVY AS THE DEPARTMENT OF THE NAVY AND MARINE

6 CORPS.— 

7 (1) REDESIGNATION OF MILITARY DEPART8 MENT.—The military department designated as the 

9 Department of the Navy is redesignated as the De10 partment of the Navy and Marine Corps. 

11 (2) REDESIGNATION OF SECRETARY AND

12 OTHER STATUTORY OFFICES.— 

13 (A) SECRETARY.—The position of the Sec14 retary of the Navy is redesignated as the Sec15 retary of the Navy and Marine Corps. 

16 (B) OTHER STATUTORY OFFICES.—The 

17 positions of the Under Secretary of the Navy, 

18 the four Assistant Secretaries of the Navy, and 

19 the General Counsel of the Department of the 

20 Navy are redesignated as the Under Secretary 

21 of the Navy and Marine Corps, the Assistant 

22 Secretaries of the Navy and Marine Corps, and 

23 the General Counsel of the Department of the 

24 Navy and Marine Corps, respectively. 

25 (b) CONFORMING AMENDMENTS TO TITLE 10, 

26 UNITED STATES CODE.— 
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1 (1) DEFINITION OF ‘‘MILITARY DEPART2 MENT’’.—Paragraph (8) of section 101(a) of title 

3 10, United States Code, is amended to read as fol4 lows: 

5 ‘‘(8) The term ‘military department’ means the 

6 Department of the Army, the Department of the 

7 Navy and Marine Corps, and the Department of the 

8 Air Force.’’. 

9 (2) ORGANIZATION OF DEPARTMENT.—The text 

10 of section 5011 of such title is amended to read as 

11 follows: ‘‘The Department of the Navy and Marine 

12 Corps is separately organized under the Secretary of 

13 the Navy and Marine Corps.’’. 

14 (3) POSITION OF SECRETARY.—Section 

15 5013(a)(1) of such title is amended by striking 

16 ‘‘There is a Secretary of the Navy’’ and inserting 

17 ‘‘There is a Secretary of the Navy and Marine 

18 Corps’’. 

19 (4) CHAPTER HEADINGS.— 

20 (A) The heading of chapter 503 of such 

21 title is amended to read as follows: 

22 ‘‘CHAPTER 503—DEPARTMENT OF THE 

23 NAVY AND MARINE CORPS’’. 

24 (B) The heading of chapter 507 of such 

25 title is amended to read as follows: 
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1 ‘‘CHAPTER 507—COMPOSITION OF THE DE2 PARTMENT OF THE NAVY AND MARINE 

3 CORPS’’. 

4 (5) OTHER AMENDMENTS.— 

5 (A) Title 10, United States Code, is 

6 amended by striking ‘‘Department of the Navy’’ 

7 and ‘‘Secretary of the Navy’’ each place they 

8 appear other than as specified in paragraphs 

9 (1), (2), (3), and (4) (including in section head10 ings, subsection captions, tables of chapters, 

11 and tables of sections) and inserting ‘‘Depart12 ment of the Navy and Marine Corps’’ and ‘‘Sec13 retary of the Navy and Marine Corps’’, respec14 tively, in each case with the matter inserted to 

15 be in the same typeface and typestyle as the 

16 matter stricken. 

17 (B)(i) Sections 5013(f), 5014(b)(2), 

18 5016(a), 5017(2), 5032(a), and 5042(a) of 

19 such title are amended by striking ‘‘Assistant 

20 Secretaries of the Navy’’ and inserting ‘‘Assist21 ant Secretaries of the Navy and Marine Corps’’. 

22 (ii) The heading of section 5016 of such 

23 title, and the item relating to such section in 

24 the table of sections at the beginning of chapter 

25 503 of such title, are each amended by insert-
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1 ing ‘‘and Marine Corps’’ after ‘‘of the Navy’’, 

2 with the matter inserted in each case to be in 

3 the same typeface and typestyle as the matter 

4 amended. 

5 (c) OTHER PROVISIONS OF LAW AND OTHER REF6 ERENCES.— 

7 (1) TITLE 37, UNITED STATES CODE.—Title 37, 

8 United States Code, is amended by striking ‘‘De9 partment of the Navy’’ and ‘‘Secretary of the Navy’’ 

10 each place they appear and inserting ‘‘Department 

11 of the Navy and Marine Corps’’ and ‘‘Secretary of 

12 the Navy and Marine Corps’’, respectively. 

13 (2) OTHER REFERENCES.—Any reference in 

14 any law other than in title 10 or title 37, United 

15 States Code, or in any regulation, document, record, 

16 or other paper of the United States, to the Depart17 ment of the Navy shall be considered to be a ref18 erence to the Department of the Navy and Marine 

19 Corps. Any such reference to an office specified in 

20 subsection (b)(2) shall be considered to be a ref21 erence to that officer as redesignated by that sec22 tion. 

23 (d) EFFECTIVE DATE.—This section and the amend24 ments made by this section shall take effect on the first 
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1 day of the first month beginning more than 60 days after 

2 the date of the enactment of this Act. 

3 SEC. 904. AUTHORITY TO ALLOW PRIVATE SECTOR CIVIL4 IANS TO RECEIVE INSTRUCTION AT DEFENSE 

5 CYBER INVESTIGATIONS TRAINING ACADEMY 

6 OF THE DEFENSE CYBER CRIME CENTER. 

7 (a) ADMISSION OF PRIVATE SECTOR CIVILIANS.— 

8 Chapter 108 of title 10, United States Code, is amended 

9 by inserting after section 2167 the following new section: 

10 ‘‘§ 2167a. Defense Cyber Investigations Training 

11 Academy: admission of private sector ci12 vilians to receive instruction 

13 ‘‘(a) AUTHORITY FOR ADMISSION.—The Secretary of 

14 Defense may permit eligible private sector employees to 

15 receive instruction at the Defense Cyber Investigations 

16 Training Academy operating under the direction of the 

17 Defense Cyber Crime Center. No more than the equivalent 

18 of 200 full-time student positions may be filled at any one 

19 time by private sector employees enrolled under this sec20 tion, on a yearly basis. Upon successful completion of the 

21 course of instruction in which enrolled, any such private 

22 sector employee may be awarded an appropriate certifi23 cation or diploma. 

24 ‘‘(b) ELIGIBLE PRIVATE SECTOR EMPLOYEES.—For 

25 purposes of this section, an eligible private sector employee 
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1 is an individual employed by a private firm that is engaged 

2 in providing to the Department of Defense or other Gov3 ernment departments or agencies significant and substan4 tial defense-related systems, products, or services, or 

5 whose work product is relevant to national security policy 

6 or strategy. A private sector employee remains eligible for 

7 such instruction only so long as that person remains em8 ployed by an eligible private sector firm. 

9 ‘‘(c) PROGRAM REQUIREMENTS.—The Secretary of 

10 Defense shall ensure that— 

11 ‘‘(1) the curriculum in which private sector em12 ployees may be enrolled under this section is not 

13 readily available through other schools; and 

14 ‘‘(2) the course offerings at the Defense Cyber 

15 Investigations Training Academy continue to be de16 termined solely by the needs of the Department of 

17 Defense. 

18 ‘‘(d) TUITION.—The Secretary of Defense shall 

19 charge private sector employees enrolled under this section 

20 tuition at a rate that is at least equal to the rate charged 

21 for employees of the United States. In determining tuition 

22 rates, the Secretary shall include overhead costs of the De23 fense Cyber Investigations Training Academy. 

24 ‘‘(e) STANDARDS OF CONDUCT.—While receiving in25 struction at the Defense Cyber Investigations Training 
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1 Academy, students enrolled under this section, to the ex2 tent practicable, are subject to the same regulations gov3 erning academic performance, attendance, norms of be4 havior, and enrollment as apply to Government civilian 

5 employees receiving instruction at the Academy. 

6 ‘‘(f) USE OF FUNDS.—Amounts received by the De7 fense Cyber Investigations Training Academy for instruc8 tion of students enrolled under this section shall be re9 tained by the Academy to defray the costs of such instruc10 tion. The source, and the disposition, of such funds shall 

11 be specifically identified in records of the Academy.’’. 

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

13 at the beginning of such chapter is amended by inserting 

14 after the item relating to section 2167 the following new 

15 item: 

‘‘2167a. Defense Cyber Investigations Training Academy: admission of private 

sector civilians to receive instruction.’’. 

16 SEC. 905. ORGANIZATIONAL STRUCTURE OF THE OFFICE 

17 OF THE ASSISTANT SECRETARY OF DEFENSE 

18 FOR HEALTH AFFAIRS AND THE TRICARE 

19 MANAGEMENT ACTIVITY. 

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

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

22 of Defense shall submit to the congressional defense com23 mittees a report on the organizational structure of the Of-
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1 fice of the Assistant Secretary of Defense for Health Af2 fairs and the TRICARE Management Activity. 

3 (b) ELEMENTS.—The report required under sub4 section (a) shall include the following: 

5 (1) ORGANIZATIONAL CHARTS.—Organizational 

6 charts for both the Office of the Assistant Secretary 

7 of Defense for Health Affairs and the TRICARE 

8 Management Activity showing, at a minimum, the 

9 senior positions in such office and such activity. 

10 (2) SENIOR POSITION DESCRIPTIONS.—A de11 scription of the policy-making functions and over12 sight responsibilities of each senior position in the 

13 Office of the Assistant Secretary of Defense for 

14 Health Affairs and the policy and program execution 

15 responsibilities of each senior position of the 

16 TRICARE Management Activity. 

17 (3) POSITIONS FILLED BY SAME INDIVIDUAL.— 

18 A description of which positions in both organiza19 tions are filled by the same individual. 

20 (4) ASSESSMENT.—An assessment of whether 

21 the senior personnel of the Office of the Assistant 

22 Secretary of Defense for Health Affairs and the 

23 TRICARE Management Activity, as currently orga24 nized, are able to appropriately perform the discrete 
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1 functions of policy formulation, policy and program 

2 execution, and program oversight. 

3 (c) DEFINITIONS.—In this section: 

4 (1) SENIOR POSITION.—The term ‘‘senior posi5 tion’’ means a position fill by a member of the senior 

6 executive service or a position on the Executive 

7 Schedule established pursuant to title 5, United 

8 States Code. 

9 (2) SENIOR PERSONNEL.—The term ‘‘senior 

10 personnel’’ means personnel who are members of the 

11 senior executive service or who fill a position listed 

12 on the Executive Schedule established pursuant to 

13 title 5, United States Code. 

14 SEC. 906. REQUIREMENT FOR DIRECTOR OF OPERATIONAL 

15 ENERGY PLANS AND PROGRAMS TO REPORT 

16 DIRECTLY TO SECRETARY OF DEFENSE. 

17 Paragraph (2) of section 139b(c) of title 10, United 

18 States Code, is amended to read as follows: 

19 ‘‘(2) The Director shall report directly to the 

20 Secretary of Defense.’’. 

21 SEC. 907. INCREASED FLEXIBILITY FOR COMBATANT COM22 MANDER INITIATIVE FUND. 

23 (a) INCREASE IN FUNDING LIMITATIONS.—Subpara24 graph (A) of section 166a(e)(1) of title 10, United States 

25 Code, is amended— 
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1 (1) by striking ‘‘$10,000,000’’ and inserting 

2 ‘‘$20,000,000’’; and 

3 (2) by striking ‘‘$15,000’’ and inserting ‘‘the 

4 investment unit cost threshold in effect under sec5 tion 2245a of this title’’. 

6 (b) COORDINATION WITH SECRETARY OF STATE.— 

7 Paragraph (6) of section 166a(b) of such title is amended 

8 by inserting after ‘‘assistance,’’ the following: ‘‘in coordi9 nation with the Secretary of State,’’. 

10 SEC. 908. REPEAL OF REQUIREMENT FOR A DEPUTY 

11 UNDER SECRETARY OF DEFENSE FOR TECH12 NOLOGY SECURITY POLICY WITHIN THE OF13 FICE OF THE UNDER SECRETARY OF DE14 FENSE FOR POLICY. 

15 (a) REPEAL OF REQUIREMENT FOR POSITION.— 

16 (1) REPEAL.—Section 134b of title 10, United 

17 States Code, is repealed. 

18 (2) CLERICAL AMENDMENT.—The table of sec19 tions at the beginning of chapter 4 of such title is 

20 amended by striking the item relating to section 

21 134b. 

22 (b) PRIOR NOTIFICATION OF CHANGE IN REPORTING

23 RELATIONSHIP FOR THE DEFENSE TECHNOLOGY SECU24 RITY ADMINISTRATION.—The Secretary of Defense shall 

25 ensure that no covered action is taken until the expiration 
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1 of 30 legislative days after providing notification of such 

2 action to the Committees on Armed Services of the Senate 

3 and the House of Representatives. 

4 (c) COVERED ACTION DEFINED.—In this section, the 

5 term ‘‘covered action’’ means— 

6 (1) the transfer of the Defense Technology Se7 curity Administration to an Under Secretary or 

8 other office of the Department of Defense other 

9 than the Under Secretary of Defense for Policy; 

10 (2) the consolidation of the Defense Technology 

11 Security Administration with another office, agency, 

12 or field activity of the Department of Defense; or 

13 (3) the addition of management layers between 

14 the Director of the Defense Technology Security Ad15 ministration and the Under Secretary of Defense for 

16 Policy. 

17 SEC. 909. RECOMMENDATIONS TO CONGRESS BY MEMBERS 

18 OF JOINT CHIEFS OF STAFF. 

19 Section 151(f) of title 10, United States Code, is 

20 amended— 

21 (1) by inserting ‘‘(1)’’ before ‘‘After first’’; and 

22 (2) by adding at the end the following new 

23 paragraph: 

24 ‘‘(2) The members of the Joint Chiefs of Staff, indi25 vidually or collectively, in their capacity as military advis-
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1 ers, shall provide advice to Congress on a particular mat2 ter when Congress requests such advice.’’. 

3 Subtitle B—Space Activities 

4 SEC. 911. SUBMISSION AND REVIEW OF SPACE SCIENCE 

5 AND TECHNOLOGY STRATEGY. 

6 (a) STRATEGY.— 

7 (1) REQUIREMENTS.—Paragraph (2) of section 

8 2272(a) of title 10, United States Code, is amended 

9 by adding at the end the following new subpara10 graph: 

11 ‘‘(D) The process for transitioning space 

12 science and technology programs to new or existing 

13 space acquisition programs.’’. 

14 (2) SUBMISSION TO CONGRESS.—Paragraph (5) 

15 of such section is amended to read as follows: 

16 ‘‘(5) The Secretary of Defense shall annually submit 

17 the strategy developed under paragraph (1) to the con18 gressional defense committees on the date on which the 

19 President submits to Congress the budget for the next fis20 cal year under section 1105 of title 31, United States 

21 Code.’’. 

22 (b) GOVERNMENT ACCOUNTABILITY OFFICE REVIEW

23 OF STRATEGY.— 

24 (1) REVIEW.—The Comptroller General shall 

25 review and assess the first space science and tech-
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1 nology strategy submitted under paragraph (5) of 

2 section 2272(a) of title 10, United States Code, as 

3 amended by subsection (a)(2) of this section, and 

4 the effectiveness of the coordination process required 

5 under section 2272(b) of such title. 

6 (2) REPORT.—Not later than 90 days after the 

7 date on which the Secretary of Defense submits the 

8 first space science and technology strategy required 

9 to be submitted under paragraph (5) of section 

10 2272(a) of title 10, United States Code, as amended 

11 by subsection (a)(2) of this section, the Comptroller 

12 General shall submit to the congressional defense 

13 committees a report containing the findings and as14 sessment under paragraph (1). 

15 SEC. 912. CONVERTING THE SPACE SURVEILLANCE NET16 WORK PILOT PROGRAM TO A PERMANENT 

17 PROGRAM. 

18 Section 2274 of title 10, United States Code, is 

19 amended— 

20 (1) in the heading, by striking ‘‘PILOT’’; 

21 (2) in subsection (a)— 

22 (A) in the heading, by striking ‘‘PILOT’’; 

23 and 
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1 (B) by striking ‘‘a pilot program to deter2 mine the feasibility and desirability of pro3 viding’’ and inserting ‘‘a program to provide’’; 

4 (3) in subsection (b) in the matter preceding 

5 paragraph (1), by striking ‘‘such a pilot program’’ 

6 and inserting ‘‘the program’’; 

7 (4) in subsection (c) in the matter preceding 

8 paragraph (1), by striking ‘‘pilot’’; 

9 (5) in subsection (d) in the matter preceding 

10 paragraph (1), by striking ‘‘pilot’’; 

11 (6) in subsection (h), by striking ‘‘pilot’’; and 

12 (7) by striking subsection (i). 

13 Subtitle C—Intelligence-Related 

14 Matters 

15 SEC. 921. PLAN TO ADDRESS FOREIGN BALLISTIC MISSILE 

16 INTELLIGENCE ANALYSIS. 

17 (a) ASSESSMENT AND PLAN.—The Secretary of De18 fense, in consultation with the Director of National Intel19 ligence, shall— 

20 (1) conduct an assessment of foreign ballistic 

21 missile intelligence gaps and shortfalls; and 

22 (2) develop a plan to ensure that the appro23 priate intelligence centers have sufficient analytical 

24 capabilities to address such gaps and shortfalls. 
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1 (b) REPORT.—Not later than February 28, 2010, the 

2 Secretary of Defense shall submit to the congressional de3 fense committees, the Permanent Select Committee on In4 telligence of the House of Representatives, and the Select 

5 Committee on Intelligence of the Senate a report con6 taining— 

7 (1) the results of the assessment conducted 

8 under subsection (a)(1); 

9 (2) the plan developed under subsection (a)(2); 

10 and 

11 (3) a description of the resources required to 

12 implement such plan. 

13 (c) FORM.—The report under subsection (b) shall be 

14 submitted in unclassified form, but may contain a classi15 fied annex. 

16 Subtitle D—Other Matters 

17 SEC. 931. JOINT PROGRAM OFFICE FOR CYBER OPER18 ATIONS CAPABILITIES. 

19 (a) ESTABLISHMENT.—Not later than 180 days after 

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

21 Defense shall establish a Joint Program Office for Cyber 

22 Operations Capabilities to assist the Under Secretary of 

23 Defense for Acquisition, Technology, and Logistics in im24 proving the development of specific leap-ahead capabili25 ties, including manpower development, tactics, and tech-
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1 nologies, for the military departments, the Defense Agen2 cies, and the combatant commands. 

3 (b) DIRECTOR.—The Joint Program Office for Cyber 

4 Operations Capabilities (in this section referred to as the 

5 ‘‘JPO–COC’’) shall be headed by a Director, who shall be 

6 appointed by the Secretary of Defense, in consultation 

7 with the Under Secretary of Defense for Acquisition, 

8 Technology, and Logistics, the Assistant Secretary of De9 fense for Networks and Information Integration, the 

10 Under Secretary of Defense for Intelligence, and the com11 mander of United States Strategic Command. The Direc12 tor shall be selected from among individuals with signifi13 cant technical and management expertise in information 

14 technology system development, and shall serve for 3 

15 years. 

16 (c) SUPERVISION.—The Director shall report directly 

17 to the Under Secretary of Defense for Acquisition, Tech18 nology, and Logistics. The Assistant Secretary of Defense 

19 for Networks and Information Integration may provide 

20 policy guidance to the Director on issues within the Direc21 tor’s areas of responsibilities. 

22 (d) RESPONSIBILITIES.—The JPO–COC shall be re23 sponsible for the following: 

24 (1) Coordinating cyber operations capabilities, 

25 both offensive and defensive, between the military 
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1 departments, Defense Agencies, and combatant com2 mands in order to identify and prioritize joint capa3 bility gaps. 

4 (2) Developing advanced, leap-ahead capabili5 ties to address joint capability gaps. 

6 (3) Establishing a nation level, joint, inter7 agency cyber exercise, similar to the exercise known 

8 as Eligible Receiver, that would occur at least bien9 nially, and, to the extent possible, that would include 

10 participants from industry, critical infrastructure 

11 sector providers, international militaries, and non12 governmental organizations. 

13 (4) Such other responsibilities as the Under 

14 Secretary determines are appropriate. 

15 (e) ANNUAL REPORT.—By March 1 of each year, be16 ginning March 1, 2010, the Secretary of Defense shall 

17 submit to the congressional defense committees a report 

18 on all of the activities of the JPO–COC during the pre19 ceding year. 

20 SEC. 932. DEFENSE INTEGRATED MILITARY HUMAN RE21 SOURCES SYSTEM TRANSITION COUNCIL. 

22 (a) IN GENERAL.—The Secretary of Defense shall es23 tablish a Defense Integrated Military Human Resources 

24 System Transition Council (in this section referred to as 

25 the ‘‘Council’’) to provide advice to the Secretary of De-
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1 fense and the Secretaries of the military departments on 

2 implementing the defense integrated military human re3 sources system (in this section referred to as the 

4 ‘‘DIMHRS’’) throughout the Department of Defense, in5 cluding within each military department. 

6 (b) COMPOSITION.—The Council shall include the fol7 lowing members: 

8 (1) The Chief Management Officer of the De9 partment of Defense. 

10 (2) The Director of the Business Trans11 formation Agency. 

12 (3) One representative from each of the Army, 

13 Navy, Air Force, and Marine Corps who is a lieuten14 ant general or vice admiral. 

15 (4) One civilian employee of the National Guard 

16 Bureau who occupies a position of responsibility and 

17 receives compensation comparable to a lieutenant 

18 general or vice admiral. 

19 (5) Such other individuals as may be designated 

20 by the Secretary of Defense. 

21 (c) MEETINGS.—The Council shall meet not less than 

22 once a quarter, or more often as specified by the Secretary 

23 of Defense. 

24 (d) DUTIES.—The Council shall have the following 

25 responsibilities: 
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1 (1) Resolution of significant policy, pro2 grammatic, or budgetary issues impeding transition 

3 of DIMHRS to the military departments. 

4 (2) Coordination of implementation of 

5 DIMHRS within each military department to ensure 

6 interoperability between and among the Department 

7 of Defense as a whole and each military department. 

8 (3) Such other responsibilities as the Secretary 

9 of Defense determines are appropriate. 

10 (e) ANNUAL REPORT.— 

11 (1) IN GENERAL.—By March 1 of each year, 

12 beginning March 1, 2010, and ending March 1, 

13 2014, the Council shall submit to the congressional 

14 defense committees an annual report on the progress 

15 of DIMHRS transition. 

16 (2) The report shall include descriptions of the 

17 following: 

18 (A) The status of implementation of 

19 DIMHRS among the military departments. 

20 (B) A description of the testing and eval21 uation activities of DIMHRS as implemented 

22 throughout the Department of Defense, as well 

23 as any such activities developed by the military 

24 departments to extend DIMHRS to the depart25 ments. 
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1 (C) Plans for the decommissioning of 

2 human resources systems within the Depart3 ment of Defense and military department that 

4 are being replaced by DIMHRS, including— 

5 (i) systems to be phased out; and 

6 (ii) plans for the remaining legacy 

7 systems to be phased out. 

8 (D) Funding and resources from the mili9 tary departments devoted to the development of 

10 department-specific plans to augment and ex11 tend the DIMHRS within each department. 

12 SEC. 933. DEPARTMENT OF DEFENSE SCHOOL OF NURSING 

13 REVISIONS. 

14 (a) SCHOOL OF NURSING.— 

15 (1) IN GENERAL.—Chapter 108 of title 10, 

16 United States Code, is amended by adding at the 

17 end the following new section: 

18 ‘‘§ 2169. School of Nursing 

19 ‘‘(a) ESTABLISHMENT.—The Secretary of Defense 

20 shall establish within the Department of Defense a School 

21 of Nursing, not later than July 1, 2011. It shall be so 

22 organized as to graduate not less than 25 students with 

23 a bachelor of science in nursing in the first class not later 

24 than June 30, 2013, not less than 50 in the second class, 

25 and not less than 100 annually thereafter. 
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1 ‘‘(b) MINIMUM REQUIREMENT.—The School of Nurs2 ing shall include, at a minimum, a program that awards 

3 a bachelor of science in nursing. 

4 ‘‘(c) PHASED DEVELOPMENT.—The development of 

5 the School of Nursing may be by such phases as the Sec6 retary may prescribe, subject to the requirements of sub7 section (a).’’. 

8 (2) CLERICAL AMENDMENT.—The table of sec9 tions at the beginning of such chapter is amended 

10 by adding at the end the following new item: 

‘‘2169. School of Nursing.’’. 

11 (b) CONFORMING AMENDMENTS.—Section 2117 of 

12 title 10, United States Code, and the item relating to such 

13 section in the table of chapters at the beginning of chapter 

14 104 of such title, are repealed. 

15 SEC. 934. REPORT ON SPECIAL OPERATIONS COMMAND OR16 GANIZATION, MANNING, AND MANAGEMENT. 

17 (a) REPORT REQUIRED.—The commander of the spe18 cial operations command shall prepare a report, in accord19 ance with this section, on the organization, manning, and 

20 management of the command. 

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

22 (a) shall include the following: 

23 (1) A comparison of current and projected fis24 cal year 2010 military and civilian end strength lev-
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1 els at special operations command headquarters with 

2 fiscal year 2000 levels, both actual and authorized. 

3 (2) A comparison of fiscal year 2000 through 

4 2010 special operations command headquarters end 

5 strength growth with the growth of each special op6 erations forces component command headquarters 

7 over the same time period, both actual and author8 ized. 

9 (3) A summary and assessment that identifies 

10 the resourcing, in terms of manning, training, equip11 ping, and funding, that special operations command 

12 provides to each of the theater special operations 

13 commands under the geographical combatant com14 mands and a summary of personnel specialties as15 signed to each such command. 

16 (4) Options and recommendations for reducing 

17 staffing levels at special operations command head18 quarters by 5 and 10 percent, respectively, and an 

19 assessment of the opportunity costs and manage20 ment risks associated with each option. 

21 (5) Recommendations for increasing manning 

22 levels, if appropriate, at each component command, 

23 and especially at Army special operations command. 

24 (6) A plan to sustain the cultural engagement 

25 group of special operations command central. 
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1 (7) An assessment of the resourcing require2 ments to establish capability similar to the cultural 

3 engagement group capability at the other theater 

4 special operations command locations. 

5 (8) A review and assessment for improving the 

6 relationship between special operations command 

7 and each of the theater special operations commands 

8 under the geographical combatant commands and 

9 the establishment of a more direct administrative 

10 and collaborative link between them. 

11 (9) A review and assessment of existing Depart12 ment of Defense executive agent support to special 

13 operations command and its subordinate compo14 nents, as well as commentary about proposals to use 

15 the same executive agent throughout the special op16 erations community. 

17 (10) An updated assessment on the specific 

18 proposal to provide executive agent support from the 

19 Defense Logistics Agency for special operations com20 mand. 

21 (11) A recommendation and plan for including 

22 international development and conflict prevention 

23 representatives as participants in the Center for 

24 Special Operations Interagency Task Force process. 
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1 (c) REPORT.—The report required by subsection (a) 

2 shall be submitted not later than March 15, 2010, to the 

3 congressional defense committees. 

4 SEC. 935. STUDY ON THE RECRUITMENT, RETENTION, AND 

5 CAREER PROGRESSION OF UNIFORMED AND 

6 CIVILIAN MILITARY CYBER OPERATIONS 

7 PERSONNEL. 

8 (a) REPORT.—Not later than 1 year after the date 

9 of the enactment of this Act, the Secretary of Defense 

10 shall submit to the congressional defense committees a re11 port assessing the challenges to retention and professional 

12 development of cyber operations personnel within the De13 partment of Defense. 

14 (b) MATTERS TO BE ADDRESSED.—The assessment 

15 by the Secretary of Defense shall address the following 

16 matters: 

17 (1) The sufficiency of the numbers and types of 

18 personnel available for cyber operations, including 

19 an assessment of the balance between military and 

20 civilian positions. 

21 (2) The definition and coherence of career fields 

22 for both members of the Armed Forces and civilian 

23 employees of the Department of Defense. 

24 (3) The types of recruitment and retention in25 centives available to members of the Armed Forces 
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1 and civilian employees of the Department of De2 fense. 

3 (4) Identification of legal, policy, or administra4 tive impediments to attracting and retaining cyber 

5 operations personnel. 

6 (5) The standards used by the Department of 

7 Defense to measure effectiveness at recruiting, re8 taining, and ensuring an adequate career progres9 sion for cyber operations personnel. 

10 (6) The effectiveness of educational and out11 reach activities used to attract, retain, and reward 

12 cyber operations personnel, including how to expand 

13 outreach to academic institutions and improve co14 ordination with other civilian agencies and industrial 

15 partners. 

16 (7) The management of educational and out17 reach activities used to attract, retain, and reward 

18 cyber operations personnel, such as the National 

19 Centers of Academic Excellence in Information As20 surance Education. 

21 (c) CYBER OPERATIONS PERSONNEL DEFINED.—In 

22 this section, the term ‘‘cyber operations personnel’’ refers 

23 to members of the Armed Forces and civilian employees 

24 of the Department of Defense involved with the operations 

25 and maintenance of a computer network connected to the 
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1 global information grid, as well as offensive, defensive, and 

2 exploitation functions of such a network. 

3 SEC. 936. RECOGNITION OF AND SUPPORT FOR STATE DE4 FENSE FORCES. 

5 (a) RECOGNITION AND SUPPORT.—Section 109 of 

6 title 32, United States Code, is amended— 

7 (1) by redesignating subsections (d) and (e) as 

8 subsections (k) and (l), respectively; and 

9 (2) by inserting after subsection (c) the fol10 lowing new subsections: 

11 ‘‘(d) RECOGNITION.—Congress hereby recognizes 

12 forces established under subsection (c) as an integral mili13 tary component of the homeland security effort of the 

14 United States, while reaffirming that those forces remain 

15 entirely State regulated, organized, and equipped and rec16 ognizing that those forces will be used for homeland secu17 rity purposes exclusively at the local level and in accord18 ance with State law. 

19 ‘‘(e) ASSISTANCE BY DEPARTMENT OF DEFENSE.— 

20 (1) The Secretary of Defense may coordinate homeland 

21 security efforts with, and provide assistance to, a defense 

22 force established under subsection (c) to the extent such 

23 assistance is requested by a State or by a force established 

24 under subsection (c) and subject to the provisions of this 

25 section. 
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1 ‘‘(2) The Secretary may not provide assistance under 

2 paragraph (1) if, in the judgment of the Secretary, such 

3 assistance would— 

4 ‘‘(A) impede the ability of the Department of 

5 Defense to execute missions of the Department; 

6 ‘‘(B) take resources away from warfighting 

7 units; 

8 ‘‘(C) incur nonreimbursed identifiable costs; or 

9 ‘‘(D) consume resources in a manner incon10 sistent with the mission of the Department of De11 fense. 

12 ‘‘(f) USE OF DEPARTMENT OF DEFENSE PROPERTY

13 AND EQUIPMENT.—The Secretary of Defense may author14 ize qualified personnel of a force established under sub15 section (c) to use and operate property, arms, equipment, 

16 and facilities of the Department of Defense as needed in 

17 the course of training activities and State active duty. 

18 ‘‘(g) TRANSFER OF EXCESS EQUIPMENT.—(1) The 

19 Secretary of Defense may transfer to a State or a force 

20 established under subsection (c) any personal property of 

21 the Department of Defense that the Secretary determines 

22 is— 

23 ‘‘(A) excess to the needs of the Department of 

24 Defense; and 
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1 ‘‘(B) suitable for use by a force established 

2 under subsection (c). 

3 ‘‘(2) The Secretary of Defense may transfer personal 

4 property under this section only if— 

5 ‘‘(A) the property is drawn from existing stocks 

6 of the Department of Defense; 

7 ‘‘(B) the recipient force established under sub8 section (c) accepts the property on an as-is, where9 is basis; 

10 ‘‘(C) the transfer is made without the expendi11 ture of any funds available to the Department of 

12 Defense for the procurement of defense equipment; 

13 and 

14 ‘‘(D) all costs incurred subsequent to the trans15 fer of the property are borne or reimbursed by the 

16 recipient. 

17 ‘‘(3) Subject to paragraph (2)(D), the Secretary may 

18 transfer personal property under this section without 

19 charge to the recipient force established under subsection 

20 (c). 

21 ‘‘(h) FEDERAL/STATE TRAINING COORDINATION.— 

22 (1) Participation by a force established under subsection 

23 (c) in a training program of the Department of Defense 

24 is at the discretion of the State. 
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1 ‘‘(2) Nothing in this section may be construed as re2 quiring the Department of Defense to provide any training 

3 program to any such force. 

4 ‘‘(3) Any such training program shall be conducted 

5 in accordance with an agreement between the Secretary 

6 of Defense and the State or the force established under 

7 subsection (c) if so authorized by State law. 

8 ‘‘(4) Any direct costs to the Department of Defense 

9 of providing training assistance to a force established 

10 under subsection (c) shall be reimbursed by the State. Any 

11 agreement under paragraph (3) between the Department 

12 of Defense and a State or a force established under sub13 section (c) for such training assistance shall provide for 

14 payment of such costs. 

15 ‘‘(i) FEDERAL FUNDING OF STATE DEFENSE

16 FORCES.—Funds available to the Department of Defense 

17 may not be made available to a State defense force. 

18 ‘‘(j) LIABILITY.—Any liability for injuries or dam19 ages incurred by a member of a force established under 

20 subsection (c) while engaged in training activities or State 

21 active duty shall be the sole responsibility of the State, 

22 regardless of whether the injury or damage was incurred 

23 on United States property or involved United States 

24 equipment or whether the member was under direct super-
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1 vision of United States personnel at the time of the inci2 dent.’’. 

3 (b) DEFINITION OF STATE.— 

4 (1) DEFINITION.—Such section is further 

5 amended by adding at the end the following new 

6 subsection: 

7 ‘‘(n) STATE DEFINED.—In this section, the term 

8 ‘State’ includes the District of Columbia, the Common9 wealth of Puerto Rico, Guam, and the Virgin Islands.’’. 

10 (2) CONFORMING AMENDMENTS.—Such section 

11 is further amended in subsections (a), (b), and (c) 

12 by striking ‘‘a State, the Commonwealth of Puerto 

13 Rico, the District of Columbia, Guam, or the Virgin 

14 Islands’’ each place it appears and inserting ‘‘a 

15 State’’. 

16 (c) STYLISTIC AMENDMENTS.—Such section is fur17 ther amended— 

18 (1) in subsection (a), by inserting ‘‘PROHIBI19 TION ON MAINTENANCE OF OTHER TROOPS.—’’ 

20 after ‘‘(a)’’; 

21 (2) in subsection (b), by inserting ‘‘USE WITH22 IN STATE BORDERS.—’’ after ‘‘(b)’’; 

23 (3) in subsection (c), by inserting ‘‘STATE DE24 FENSE FORCES AUTHORIZED.—’’ after ‘‘(c)’’; 
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1 (4) in subsection (k), as redesignated by sub2 section (a)(1), by inserting ‘‘EFFECT OF MEMBER3 SHIP IN DEFENSE FORCES.—’’ after ‘‘(k)’’; and 

4 (5) in subsection (l), as redesignated by sub5 section (a)(1), by inserting ‘‘PROHIBITION ON RE6 SERVE COMPONENT MEMBERS JOINING DEFENSE

7 FORCES.—’’ after ‘‘(l)’’. 

8 (d) CLERICAL AMENDMENTS.— 

9 (1) SECTION HEADING.—The heading of such 

10 section is amended to read as follows: 

11 ‘‘§ 109. Maintenance of other troops: State defense 

12 forces’’. 

13 (2) CLERICAL AMENDMENT.—The item relating 

14 to such section in the table of sections at the begin15 ning of chapter 1 of such title is amended to read 

16 as follows: 

‘‘109. Maintenance of other troops: State defense forces.’’. 

17 TITLE X—GENERAL PROVISIONS 

Subtitle A—Financial Matters 

Sec. 1001. General transfer authority. 

Sec. 1002. Incorporation of funding decisions into law. 

Subtitle B—Counter-Drug and Counter-Terrorism Activities 

Sec. 1011. One-year extension of Department of Defense counter-drug authorities and requirements. 

Sec. 1012. Joint task forces support to law enforcement agencies conducting 

counter-terrorism activities. 

Sec. 1013. Border coordination centers in Afghanistan and Pakistan. 

Sec. 1014. Comptroller General report on effectiveness of accountability measures for assistance from counter-narcotics central transfer account. 

Subtitle C—Miscellaneous Authorities and Limitations 
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Sec. 1021. Operational procedures for experimental military prototypes. 

Sec. 1022. Temporary reduction in minimum number of operational aircraft 

carriers. 

Sec. 1023. Limitation on use of funds for the transfer or release of individuals 

detained at United States Naval Station, Guantanamo Bay, 

Cuba. 

Sec. 1024. Charter for the National Reconnaissance Office. 

Subtitle D—Studies and Reports 

Sec. 1031. Report on statutory compliance of the report on the 2009 quadrennial defense review. 

Sec. 1032. Report on the force structure findings of the 2009 quadrennial defense review. 

Sec. 1033. Sense of Congress and amendment relating to quadrennial defense 

review. 

Sec. 1034. Strategic review of basing plans for United States European Command. 

Sec. 1035. National Defense Panel. 

Sec. 1036. Report required on notification of detainees of rights under Miranda 

v. Arizona. 

Sec. 1037. Annual report on the electronic warfare strategy of the Department 

of Defense. 

Sec. 1038. Studies to analyze alternative models for acquisition and funding of 

technologies supporting network-centric operations. 

Subtitle E—Other Matters 

Sec. 1041. Prohibition relating to propaganda. 

Sec. 1042. Extension of certain authority for making rewards for combating 

terrorism. 

Sec. 1043. Technical and clerical amendments. 

Sec. 1044. Repeal of pilot program on commercial fee-for-service air refueling 

support for the Air Force. 

Sec. 1045. Extension of sunset for congressional commission on the strategic 

posture of the United States. 

Sec. 1046. Authorization of appropriations for payments to Portuguese nationals employed by the Department of Defense. 

Sec. 1047. Combat air forces restructuring. 

Sec. 1048. Sense of Congress honoring the Honorable Ellen O. Tauscher. 

Sec. 1049. Sense of Congress concerning the disposition of Submarine NR-1. 

Sec. 1050. Compliance with requirement for plan on the disposition of detainees 

at Naval Station, Guantanamo Bay, Cuba. 

Sec. 1051. Sense of Congress regarding carrier air wing force structure. 

Sec. 1052. Sense of Congress on Department of Defense financial improvement 

and audit readiness; plan. 

Sec. 1053. Justice for victims of torture and terrorism. 

Sec. 1054. Repeal of certain laws pertaining to the Joint Committee for the Review of Counterproliferation Programs of the United States. 

1 Subtitle A—Financial Matters 

2 SEC. 1001. GENERAL TRANSFER AUTHORITY. 

3 (a) AUTHORITY TO TRANSFER AUTHORIZATIONS.— 
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1 (1) AUTHORITY.—Upon determination by the 

2 Secretary of Defense that such action is necessary in 

3 the national interest, the Secretary may transfer 

4 amounts of authorizations made available to the De5 partment of Defense in this division for fiscal year 

6 2010 between any such authorizations for that fiscal 

7 year (or any subdivisions thereof). Amounts of au8 thorizations so transferred shall be merged with and 

9 be available for the same purposes as the authoriza10 tion to which transferred. 

11 (2) LIMITATIONS.—Except as provided in para12 graphs (3) and (4), the total amount of authoriza13 tions that the Secretary may transfer under the au14 thority of this section may not exceed 

15 $5,000,000,000. 

16 (3) EXCEPTION FOR TRANSFERS BETWEEN

17 MILITARY PERSONNEL AUTHORIZATIONS.—A trans18 fer of funds between military personnel authoriza19 tions under title IV shall not be counted toward the 

20 dollar limitation in paragraph (2). 

21 (4) EXCEPTION FOR TRANSFERS FOR HEALTH

22 INFORMATION MANAGEMENT AND INFORMATION

23 TECHNOLOGY SYSTEMS.—A transfer of funds from 

24 the Office of the Secretary of Defense for the sup25 port of the Department of Defense Health Informa-
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1 tion Management and Information Technology sys2 tems shall not be counted toward the dollar limita3 tion in paragraph (2). 

4 (b) LIMITATIONS.—The authority provided by this 

5 section to transfer authorizations— 

6 (1) may only be used to provide authority for 

7 items that have a higher priority than the items 

8 from which authority is transferred; and 

9 (2) may not be used to provide authority for an 

10 item that has been denied authorization by Con11 gress. 

12 (c) EFFECT ON AUTHORIZATION AMOUNTS.—A 

13 transfer made from one account to another under the au14 thority of this section shall be deemed to increase the 

15 amount authorized for the account to which the amount 

16 is transferred by an amount equal to the amount trans17 ferred. 

18 (d) NOTICE TO CONGRESS.—The Secretary shall 

19 promptly notify Congress of each transfer made under 

20 subsection (a). 

21 SEC. 1002. INCORPORATION OF FUNDING DECISIONS INTO 

22 LAW. 

23 (a) AMOUNTS SPECIFIED IN COMMITTEE REPORT

24 ARE AUTHORIZED BY LAW.—Wherever a funding table in 

25 the report of the Committee on Armed Services of the 
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1 House of Representatives to accompany the bill H.R. 2647 

2 of the 111th Congress specifies a dollar amount for a 

3 project, program, or activity, the obligation and expendi4 ture of the specified dollar amount for the indicated 

5 project, program, or activity is hereby authorized by law 

6 to be carried out to the same extent as if included in the 

7 text of this Act, subject to the availability of appropria8 tions. 

9 (b) MERIT-BASED DECISIONS.—Decisions by agency 

10 heads to commit, obligate, or expend funds with or to a 

11 specific entity on the basis of dollar amount authorized 

12 pursuant to subsection (a) shall be based on authorized, 

13 transparent, statutory criteria, or merit-based selection 

14 procedures in accordance with the requirements of sec15 tions 2304(k) and 2374 of title 10, United States Code, 

16 and other applicable provisions of law. 

17 (c) RELATIONSHIP TO TRANSFER AND REPROGRAM18 MING AUTHORITY.—This section does not prevent an 

19 amount covered by this section from being transferred or 

20 reprogrammed under a transfer or reprogramming author21 ity provided by another provision of this Act or by other 

22 law. The transfer or reprogramming of an amount incor23 porated into the Act by this section shall not count against 

24 a ceiling on such transfers or reprogrammings under sec25 tion 1001 of this Act or any other provision of law, unless 
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1 such transfer or reprogramming would move funds be2 tween appropriation accounts. 

3 (d) APPLICABILITY TO CLASSIFIED ANNEX.—This 

4 section applies to any classified annex to the report re5 ferred to in subsection (a). 

6 (e) ORAL AND WRITTEN COMMUNICATION.—No oral 

7 or written communication concerning any amount speci8 fied in the report referred to in subsection (a) shall super9 sede the requirements of this section. 

10 SEC. 1003. ADJUSTMENT OF CERTAIN AUTHORIZATIONS OF 

11 APPROPRIATIONS. 

12 (a) AIR FORCE RESEARCH, DEVELOPMENT, TEST, 

13 AND EVALUATION.—Funds authorized to be appropriated 

14 in section 201(3) for research, development, test, and eval15 uation for the Air Force are reduced by $2,900,000, to 

16 be derived from sensors and near field communication 

17 technologies. 

18 (b) ARMY OPERATION AND MAINTENANCE.—Funds 

19 authorized to be appropriated in section 301(1) for oper20 ation and maintenance for the Army are reduced by 

21 $18,000,000, to be derived from unobligated balances for 

22 the Army in the amount of $11,700,000 and fuel pur23 chases for the Army in the amount of $6,300,000. 

24 (c) NAVY OPERATION AND MAINTENANCE.— 
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1 (1) REDUCTION.—Funds authorized to be ap2 propriated in section 301(2) for operation and main3 tenance for the Navy are reduced by $22,900,000 to 

4 be derived from unobligated balances for the Navy 

5 in the amount of $11,700,000 and fuel purchases 

6 for the Navy in the amount of $11,200,000. 

7 (2) AVAILABILITY.—Of the funds authorized to 

8 be appropriated in section 301(2) for operation and 

9 maintenance for the Navy for the purpose of Ship 

10 Activations/Inactivations, $6,000,000 shall be avail11 able for the Navy Ship Disposal–Carrier Demonstra12 tion Project. 

13 (d) MARINE CORPS OPERATION AND MAINTE14 NANCE.—Funds authorized to be appropriated in section 

15 301(3) for operation and maintenance for the Marine 

16 Corps are reduced by $2,000,000, to be derived from un17 obligated balances for the Marine Corps in the amount 

18 of $1,100,000 and fuel purchases for the Marine Corps 

19 in the amount of $900,000. 

20 (e) AIR FORCE OPERATION AND MAINTENANCE.— 

21 Funds authorized to be appropriated in section 301(4) for 

22 operation and maintenance for the Air Force are reduced 

23 by $25,000,000, to be derived from unobligated balances 

24 for the Air Force in the amount of $4,300,000 and fuel 
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1 purchases for the Air Force in the amount of 

2 $20,700,000. 

3 (f) DEFENSE-WIDE OPERATION AND MAINTE4 NANCE.—Funds authorized to be appropriated in section 

5 301(5) for operation and maintenance for Defense-wide 

6 activities are reduced by $5,200,000, to be derived from 

7 unobligated balances for Defense-wide activities in the 

8 amount of $4,300,000 and fuel purchases for Defense9 wide activities in the amount of $900,000. 

10 (g) MILITARY PERSONNEL.—Funds authorized to be 

11 appropriated in section 421 for military personnel ac12 counts are reduced by $50,000,000, to be derived from 

13 unobligated balances for military personnel accounts. 

14 Subtitle B—Counter-Drug and 

15 Counter-Terrorism Activities 

16 SEC. 1011. ONE-YEAR EXTENSION OF DEPARTMENT OF DE17 FENSE COUNTER-DRUG AUTHORITIES AND 

18 REQUIREMENTS. 

19 (a) REPORTING REQUIREMENT ON EXPENDITURES

20 TO SUPPORT FOREIGN COUNTER-DRUG ACTIVITIES.— 

21 Section 1022(a) of the Floyd D. Spence National Defense 

22 Authorization Act for Fiscal Year 2001 (as enacted into 

23 law by Public Law 106–398; 114 Stat. 1654A–255), as 

24 most recently amended by section 1021 of the Duncan 

25 Hunter National Defense Authorization Act for Fiscal 
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1 Year 2009 (Public Law 110–417; 122 Stat. 4586), is fur2 ther amended by striking ‘‘April 15, 2006’’ and all that 

3 follows through ‘‘February 15, 2009’’ and inserting ‘‘Feb4 ruary 15, 2010’’. 

5 (b) UNIFIED COUNTER-DRUG AND COUNTERTER6 RORISM CAMPAIGN IN COLOMBIA.—Section 1021 of the 

7 Ronald W. Reagan National Defense Authorization Act 

8 for Fiscal Year 2005 (Public Law 108–375; 118 Stat. 

9 2042), as most recently amended by section 1023 of the 

10 Duncan Hunter National Defense Authorization Act for 

11 Fiscal Year 2009 (Public Law 110–417; 122 Stat. 4586), 

12 is further amended— 

13 (1) in subsection (a), by striking ‘‘2009’’ and 

14 inserting ‘‘2010’’; and 

15 (2) in subsection (c), by striking ‘‘2009’’ and 

16 inserting ‘‘2010’’. 

17 (c) SUPPORT FOR COUNTER-DRUG ACTIVITIES OF

18 CERTAIN FOREIGN GOVERNMENTS.—Section 1033(a)(2) 

19 of the National Defense Authorization Act for Fiscal Year 

20 1998 (Public Law 105–85; 111 Stat. 1881), as most re21 cently amended by section 1024(a) of the Duncan Hunter 

22 National Defense Authorization Act for Fiscal Year 2009 

23 (Public Law 110–417; 122 Stat. 4587), is further amend24 ed by striking ‘‘2009’’ and inserting ‘‘2010’’. 
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1 SEC. 1012. JOINT TASK FORCES SUPPORT TO LAW EN2 FORCEMENT AGENCIES CONDUCTING 

3 COUNTER-TERRORISM ACTIVITIES. 

4 Section 1022(b) of the National Defense Authoriza5 tion Act for Fiscal Year 2004 (Public Law 108–136; 10 

6 U.S.C. 371 note), as most recently amended by section 

7 1022 of the Duncan Hunter National Defense Authoriza8 tion Act for Fiscal Year 2009 (Public Law 110–417; 122 

9 Stat. 4586), is further amended by striking ‘‘2009’’ and 

10 inserting ‘‘2010’’. 

11 SEC. 1013. BORDER COORDINATION CENTERS IN AFGHANI12 STAN AND PAKISTAN. 

13 (a) PROHIBITION ON USE OF COUNTER-NARCOTIC

14 ASSISTANCE FOR BORDER COORDINATION CENTERS.— 

15 (1) PROHIBITION.—Amounts available for drug 

16 interdiction and counter-drug activities of the De17 partment of Defense may not be expended for the 

18 construction, expansion, repair, or operation and 

19 maintenance of any existing or proposed border co20 ordination center. 

21 (2) RULE OF CONSTRUCTION.—Paragraph (1) 

22 does not prohibit or limit the use of other funds 

23 available to the Department of Defense to construct, 

24 expand, repair, or operate and maintain border co25 ordination centers. 
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1 (b) LIMITATION ON ESTABLISHMENT OF ADDI2 TIONAL CENTERS.—The Secretary of Defense may not 

3 authorize the establishment, or any construction in con4 nection with the establishment, of a third border coordina5 tion center in the area of operations of Regional Com6 mand–East in the Islamic Republic of Afghanistan until 

7 a border coordination center has been constructed, or is 

8 under construction, in either— 

9 (1) the area of operations of Regional Com10 mand–South in the Islamic Republic of Afghanistan; 

11 or 

12 (2) Baluchistan in the Islamic Republic of Paki13 stan. 

14 (c) BORDER COORDINATION CENTER DEFINED.—In 

15 this section, the term ‘‘border coordination center’’ means 

16 multilateral military coordination and intelligence center 

17 that is located, or intended to be located, near the border 

18 between the Islamic Republic of Afghanistan and the Is19 lamic Republic of Pakistan. 

20 SEC. 1014. COMPTROLLER GENERAL REPORT ON EFFEC21 TIVENESS OF ACCOUNTABILITY MEASURES 

22 FOR ASSISTANCE FROM COUNTER-NAR23 COTICS CENTRAL TRANSFER ACCOUNT. 

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

25 after the date of the enactment of this Act, the Comp-
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1 troller General shall submit to the congressional defense 

2 committees a report on the performance evaluation system 

3 used by the Secretary of Defense to assess the effective4 ness of assistance provided for foreign nations to achieve 

5 the counter-narcotics objectives of the Department of De6 fense. The report shall be unclassified, but may contain 

7 a classified annex. 

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

9 (a) shall contain the following: 

10 (1) A description of the performance evaluation 

11 system of the Department of Defense used to deter12 mine the efficiency and effectiveness of counter-nar13 cotics assistance provided by the Department of De14 fense to foreign nations. 

15 (2) An assessment of the ability of the perform16 ance evaluation system to accurately measure the ef17 ficiency and effectiveness of such counter-narcotics 

18 assistance. 

19 (3) Detailed recommendations on how to im20 prove the capacity of the performance evaluation 

21 system for the counter-narcotics central transfer ac22 count. 
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1 Subtitle C—Miscellaneous 

2 Authorities and Limitations 

3 SEC. 1021. OPERATIONAL PROCEDURES FOR EXPERI4 MENTAL MILITARY PROTOTYPES. 

5 (a) IN GENERAL.—For the purposes of conducting 

6 test and evaluation of experimental military prototypes, 

7 including major systems, as defined in section 2302 of title 

8 10, United States Code, that have been substantially 

9 modified for testing with the goal of developing new tech10 nology for increasing the capability, capacity, efficiency, 

11 or reliability of such systems, and for stimulating innova12 tion in research and development to improve equipment 

13 or system capability, the senior military officer of each 

14 military service, in consultation with the senior acquisition 

15 executive of each military department, shall develop and 

16 prescribe guidance to enable an expedited process for the 

17 documentation and approval of deviations from standard18 ized operating instructions and procedures for systems 

19 and equipment that have been substantially modified for 

20 the purpose of research, development, or testing. The 

21 guidance shall— 

22 (1) provide for appropriate consideration of the 

23 safety of personnel conducting such tests and eval24 uations; 
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1 (2) ensure that, prior to the approval of any 

2 such deviation, sufficient engineering and risk man3 agement analysis has been completed by a competent 

4 technical authority to provide a reasonable basis for 

5 determining that the proposed deviation will not re6 sult in an unreasonable risk of liability to the United 

7 States; 

8 (3) provide full and fair opportunity for all con9 tractors, including non-traditional defense contrac10 tors, who have developed or proposed promising 

11 technologies, to test and evaluate experimental mili12 tary prototypes in a manner that— 

13 (A) allows both the contractor and the 

14 military service to assess the full potential of 

15 the technology prior to the establishment of a 

16 formal acquisition program; and 

17 (B) does not unduly restrict the operating 

18 envelope, environment, or conditions approved 

19 for use during test and evaluation on the basis 

20 of existing operating instructions and proce21 dures developed for sustained operations of 

22 proven military hardware, but does ensure that 

23 deviations from existing operating instructions 

24 and procedures have been subjected to appro25 priate technical review consistent with any 
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1 modifications made to the system or equipment; 

2 and 

3 (4) ensure that documentation and approval of 

4 such deviations— 

5 (A) can be accomplished in a transparent, 

6 cost-effective, and expeditious manner, generally 

7 within the period of performance of the contract 

8 for the development of the experimental mili9 tary prototype; 

10 (B) address the use of a major system as 

11 an experimental military prototype by a con12 tractor, and the conduct of test and evaluation 

13 of such system by the contractor; and 

14 (C) identify the scope of test and evalua15 tion to be conducted under such deviation, the 

16 responsibilities of the parties conducting the 

17 test and evaluation, including the assumption of 

18 liability, and the responsibility for disposal of 

19 the experimental military prototype or, as ap20 propriate, the return of a major system to its 

21 original condition. 

22 (b) REPORT.—Not later than 12 months after the 

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

24 military department shall submit to the congressional de25 fense committees a report documenting the guidance de-
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1 veloped in accordance with subsection (a) and describing 

2 how such guidance fulfills the objectives under paragraphs 

3 (1) through (4) of such subsection. 

4 (c) ONE TIME AUTHORITY TO CONVEY.— 

5 (1) IN GENERAL.—In advance of the develop6 ment of a process required by subsection (a), the 

7 Secretary of the Navy is authorized to convey, with8 out consideration, to Piasecki Aircraft Corporation 

9 of Essington, Pennsylvania (in this section referred 

10 to as ‘‘transferee’’), all right, title, and interest of 

11 the United States, except as otherwise provided in 

12 this subsection, in and to Navy aircraft N40VT (Bu13 reau Number 163283), also known as the X–49A 

14 aircraft, and associated components and test equip15 ment, previously specified as Government furnished 

16 equipment in contract N00019–00–C–0284. The 

17 conveyance shall be made by means of a deed of gift. 

18 (2) CONDITIONS.—The conveyance under para19 graph (1) may only be made under the following 

20 conditions: 

21 (A) The aircraft shall be conveyed in its 

22 current, ‘‘as is’’ condition. 

23 (B) The Secretary is not required to repair 

24 or alter the condition of the aircraft before con25 veying ownership of the aircraft. 
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1 (C) The conveyance shall be made at no 

2 cost to the United States. Any costs associated 

3 with the conveyance shall be borne by the trans4 feree. 

5 (D) The Secretary may require such addi6 tional terms and conditions in connection with 

7 a conveyance under this section as the Sec8 retary considers appropriate to protect the in9 terests of the United States, except that such 

10 terms and conditions shall include, at a min11 imum— 

12 (i) a provision stipulating that the 

13 conveyance of the X–49A aircraft is for 

14 the sole purpose of further development, 

15 test, and evaluation of vectored thrust 

16 ducted propeller (VTDP) technology and 

17 that all items referenced in paragraph (1) 

18 will transfer back to the United States 

19 Navy, at no cost to the United States, in 

20 the event that the X–49A aircraft is uti21 lized for any other purpose; and 

22 (ii) a provision providing the Govern23 ment the right to procure the vectored 

24 thrust ducted propeller (VTDP) technology 

25 demonstrated under this program at a dis-
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1 counted cost based on the value of the X– 

2 49A aircraft and associated equipment at 

3 the time of transfer, with such valuation 

4 and terms determined by the Secretary. 

5 (E) Upon such conveyance, the United 

6 States shall not be liable for any death, injury, 

7 loss, or damage that results from the use of 

8 that aircraft by any person other than the 

9 United States. 

10 SEC. 1022. TEMPORARY REDUCTION IN MINIMUM NUMBER 

11 OF OPERATIONAL AIRCRAFT CARRIERS. 

12 (a) TEMPORARY WAIVER.—Notwithstanding section 

13 5062(b) of title 10, United States Code, during the period 

14 beginning on the date of the inactivation of the U.S.S. 

15 Enterprise (CVN–65) scheduled, as of the date of the en16 actment of this Act, for fiscal year 2013 and ending on 

17 the date of the commissioning into active service of the 

18 U.S.S. Gerald R. Ford (CVN–78), the number of oper19 ational aircraft carriers in the naval combat forces of the 

20 Navy may be 10. 

21 (b) EVALUATION AND REPORT.— 

22 (1) EVALUATION.—During the fiscal year 2012, 

23 the Chairman of the Joint Chiefs of Staff, in coordi24 nation with the commanders of the combatant com25 mands, shall evaluate the required postures and ca-
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1 pabilities of each of the combatant commands to as2 sess the level of increased risk that could result due 

3 to a temporary reduction in the total number of 

4 operational aircraft carriers following the inactiva5 tion of the U.S.S. Enterprise (CVN–65). 

6 (2) REPORT TO CONGRESS.—Together with the 

7 budget materials submitted to Congress by the Sec8 retary of Defense in support of the President’s 

9 budget for fiscal year 2013, the Secretary of De10 fense shall submit to the congressional defense com11 mittees a report containing the findings of the eval12 uation conducted pursuant to paragraph (1), and 

13 the basis for each such finding. 

14 SEC. 1023. LIMITATION ON USE OF FUNDS FOR THE TRANS15 FER OR RELEASE OF INDIVIDUALS DETAINED 

16 AT UNITED STATES NAVAL STATION, GUAN17 TANAMO BAY, CUBA. 

18 (a) IN GENERAL.—The Secretary of Defense may not 

19 use any of the amounts authorized to be appropriated in 

20 this Act or otherwise available to the Department of De21 fense for fiscal year 2010 or any subsequent fiscal year 

22 to release or transfer any individual described in sub23 section (d) to the United States, its territories, or posses24 sions, until 120 days after the President has submitted 
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1 to the congressional defense committees the plan described 

2 in subsection (b). 

3 (b) PLAN REQUIRED.—The President shall submit to 

4 the congressional defense committees a plan on the dis5 position of each individual described in subsection (d). 

6 Such plan shall include— 

7 (1) an assessment of the risk that the indi8 vidual described in subsection (d) poses to the na9 tional security of the United States, its territories, 

10 or possessions; 

11 (2) a proposal for the disposition of each such 

12 individual; 

13 (3) a plan to mitigate any risks described in 

14 paragraph (1) should the proposed disposition re15 quired by paragraph (2) include the release or trans16 fer to the United States, its territories, or posses17 sions of any such individual; and 

18 (4) a summary of the consultation required in 

19 subsection (c). 

20 (c) CONSULTATION REQUIRED.—The President shall 

21 consult with the chief executive of the State, the District 

22 of Columbia, or the territory or possession of the United 

23 States to which the disposition in subsection (b) includes 

24 a release or transfer to that State, District of Columbia, 

25 or territory or possession. 
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1 (d) DETAINEES DESCRIBED.—An individual de2 scribed in this subsection is any individual who is located 

3 at United States Naval Station, Guantanamo Bay, Cuba, 

4 as of the date of the enactment of this Act, who— 

5 (1) is not a citizen of the United States; and 

6 (2) is— 

7 (A) in the custody or under the effective 

8 control of the Department of Defense; or 

9 (B) otherwise under detention at the 

10 United States Naval Station, Guantanamo Bay, 

11 Cuba. 

12 SEC. 1024. CHARTER FOR THE NATIONAL RECONNAIS13 SANCE OFFICE. 

14 Not later than 90 days after the date of the enact15 ment of this Act, the Director of National Intelligence and 

16 the Secretary of Defense shall jointly submit to the con17 gressional intelligence and defense committees a revised 

18 charter for the National Reconnaissance Office (herein19 after in this section referred to as the ‘‘NRO’’). The char20 ter shall include the following: 

21 (1) The organizational and governance struc22 ture of the NRO. 

23 (2) The provision of NRO participation in the 

24 development and generation of requirements and ac25 quisition. 
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1 (3) The scope of the capabilities of the NRO. 

2 (4) The roles and responsibilities of the NRO 

3 and the relationship of the NRO to other organiza4 tions and agencies in the intelligence and defense 

5 communities. 

6 Subtitle D—Studies and Reports 

7 SEC. 1031. REPORT ON STATUTORY COMPLIANCE OF THE 

8 REPORT ON THE 2009 QUADRENNIAL DE9 FENSE REVIEW. 

10 (a) COMPTROLLER GENERAL REPORT.—Not later 

11 than 90 days after the Secretary of Defense releases the 

12 report on the 2009 quadrennial defense review, the Comp13 troller General shall submit to the congressional defense 

14 committees and to the Secretary of Defense a report on 

15 the degree to which the report on the 2009 quadrennial 

16 defense review complies with the requirements of sub17 section (d) of section 118 of title 10, United States Code. 

18 (b) SECRETARY OF DEFENSE REPORT.—If the 

19 Comptroller General determines that the report on the 

20 2009 quadrennial defense review deviates significantly 

21 from the requirements of subsection (d) of section 118 of 

22 such title, the Secretary of Defense shall submit to the 

23 congressional defense committees a report addressing the 

24 areas of deviation not later than 30 days after the submis-
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1 sion of the report by the Comptroller General required by 

2 paragraph (1). 

3 SEC. 1032. REPORT ON THE FORCE STRUCTURE FINDINGS 

4 OF THE 2009 QUADRENNIAL DEFENSE RE5 VIEW. 

6 (a) REPORT REQUIREMENT.—Concurrent with the 

7 delivery of the report on the 2009 quadrennial defense re8 view required by section 118 of title 10, United States 

9 Code, the Secretary of Defense shall submit to the con10 gressional defense committees a report with a classified 

11 annex containing— 

12 (1) the analyses used to determine and support 

13 the findings on force structure required by such sec14 tion; and 

15 (2) a description of any changes from the pre16 vious quadrennial defense review to the minimum 

17 military requirements for major military capabilities. 

18 (b) MAJOR MILITARY CAPABILITIES DEFINED.—In 

19 this section, the term ‘‘major military capabilities’’ in20 cludes any capability the Secretary determines to be a 

21 major military capability, any capability discussed in the 

22 report of the 2006 quadrennial defense review, and any 

23 capability described in paragraph (9) or (10) of section 

24 118(d) of title 10, United States Code. 
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1 SEC. 1033. SENSE OF CONGRESS AND AMENDMENT RELAT2 ING TO QUADRENNIAL DEFENSE REVIEW. 

3 (a) SENSE OF CONGRESS.—It is the sense of Con4 gress that the quadrennial defense review is a strategy 

5 process that necessarily produces budget plans; however, 

6 budget pressures should not determine or limit its out7 comes. 

8 (b) RELATIONSHIP OF QDR TO BUDGET.—Section 

9 118(a) of title 10, United States Code, is amended— 

10 (1) by inserting ‘‘(1)’’ before ‘‘The Secretary of 

11 Defense’’; and 

12 (2) by adding at the end the following new 

13 paragraph: 

14 ‘‘(2) The existence of the quadrennial defense review 

15 does not exempt the President or the Department of De16 fense from fulfilling its annual legal obligations to submit 

17 to Congress a budget and all legally required supporting 

18 documentation.’’. 

19 SEC. 1034. STRATEGIC REVIEW OF BASING PLANS FOR 

20 UNITED STATES EUROPEAN COMMAND. 

21 (a) REPORT REQUIREMENT.—Concurrent with the 

22 delivery of the report on the 2009 quadrennial defense re23 view required by section 118 of title 10, United States 

24 Code, the Secretary of Defense shall submit to the appro25 priate congressional committees a report on the plan for 
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1 basing of forces in the European theater, containing a de2 scription of— 

3 (1) how the plan supports the United States 

4 national security strategy; 

5 (2) how the plan satisfies the commitments un6 dertaken by the United States pursuant to Article 5 

7 of the North Atlantic Treaty, signed at Washington, 

8 District of Columbia, on April 4, 1949, and entered 

9 into force on August 24, 1949 (63 Stat. 2241; TIAS 

10 1964); 

11 (3) how the plan addresses the current security 

12 environment in Europe, including United States par13 ticipation in theater cooperation activities; 

14 (4) how the plan contributes to peace and sta15 bility in Europe; and 

16 (5) the impact that a permanent change in the 

17 basing of a unit currently assigned to United States 

18 European Command would have on the matters de19 scribed in paragraphs (1) through (4). 

20 (b) NOTIFICATION REQUIREMENT.—The Secretary 

21 of Defense shall notify Congress at least 30 days before 

22 the permanent relocation of a unit stationed outside the 

23 continental United States as of the date of the enactment 

24 of this Act. 

25 (c) DEFINITIONS.—In this section: 
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1 (1) UNIT.—The term ‘‘unit’’ has the meaning 

2 determined by the Secretary of Defense for purposes 

3 of this section. 

4 (2) APPROPRIATE CONGRESSIONAL COMMIT5 TEES.—The term ‘‘appropriate congressional com6 mittees’’ means— 

7 (A) the congressional defense committees; 

8 (B) the Committee on Foreign Relations of 

9 the Senate and the Committee on Foreign Af10 fairs of the House of Representatives; and 

11 (C) the Select Committee on Intelligence of 

12 the Senate and the Permanent Select Com13 mittee on Intelligence of the House of Rep14 resentatives. 

15 SEC. 1035. NATIONAL DEFENSE PANEL. 

16 (a) ESTABLISHMENT.—There is established a bipar17 tisan, independent panel to be known as the National De18 fense Panel (in this section referred to as the ‘‘Panel’’). 

19 The Panel shall have the duties set forth in this section. 

20 (b) MEMBERSHIP.—The Panel shall be composed of 

21 twelve members who are recognized experts in matters re22 lating to the national security of the United States. The 

23 members shall be appointed as follows: 

24 (1) Three by the chairman of the Committee on 

25 Armed Services of the House of Representatives. 
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1 (2) Three by the chairman of the Committee on 

2 Armed Services of the Senate. 

3 (3) Two by the ranking member of the Com4 mittee on Armed Services of the House of Rep5 resentatives. 

6 (4) Two by the ranking member of the Com7 mittee on Armed Services of the Senate. 

8 (5) Two by the Secretary of Defense. 

9 (c) CO-CHAIRS OF THE PANEL.—The chairman of 

10 the Committee on Armed Services of the House of Rep11 resentatives and the chairman of the Committee of Armed 

12 Services of the Senate shall each designate one of their 

13 appointees under subsection (b) to serve as co-chair of the 

14 panel. 

15 (d) PERIOD OF APPOINTMENT; VACANCIES.—Mem16 bers shall be appointed for the life of the Panel. Any va17 cancy in the Panel shall be filled in the same manner as 

18 the original appointment. 

19 (e) DUTIES.—The Panel shall— 

20 (1) review the national defense strategy, the na21 tional military strategy, the Secretary of Defense’s 

22 terms of reference, and any other materials pro23 viding the basis for, or substantial inputs to, the 

24 work of the Department of Defense on the 2009 

25 quadrennial defense review under section 118 of title 
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1 10, United States Code (in this subsection referred 

2 to as the ‘‘2009 QDR’’), as well as the 2009 QDR 

3 itself; 

4 (2) conduct an assessment of the assumptions, 

5 strategy, findings, costs, and risks of the report of 

6 the 2009 QDR, with particular attention paid to the 

7 risks described in that report; 

8 (3) submit to the congressional defense commit9 tees and the Secretary an independent assessment of 

10 a variety of possible force structures of the Armed 

11 Forces, including the force structure identified in 

12 the report of the 2009 QDR, suitable to meet the re13 quirements identified in the review required in para14 graph (1); 

15 (4) to the extent practicable, estimate the fund16 ing required by fiscal year, in constant fiscal year 

17 2010 dollars, to organize, equip, and support the 

18 forces contemplated under the force structures as19 sessed in the assessment under paragraph (3); and 

20 (5) provide to Congress and the Secretary of 

21 Defense, through the reports under subsection (g), 

22 any recommendations it considers appropriate for 

23 their consideration. 

24 (f) FIRST MEETING.— 
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1 (1) The Panel shall hold its first meeting no 

2 later than 30 days after the date as of which all ap3 pointments to the Panel under paragraphs (1), (2), 

4 (3), and (4) of subsection (b) have been made. 

5 (2) If the Secretary of Defense has not made 

6 the Secretary’s appointments to the Panel under 

7 subsection (b)(5) by the date of the first meeting 

8 pursuant to paragraph (1), the Panel shall convene 

9 with the remaining members. 

10 (g) REPORTS.— 

11 (1) Not later than April 15, 2010, the Panel 

12 shall submit an interim report on its findings to the 

13 congressional defense committees and to the Sec14 retary of Defense. 

15 (2) Not later than January 15, 2011, the Panel 

16 shall submit its final report, together with any rec17 ommendations, to the congressional defense commit18 tees and to the Secretary of Defense. 

19 (3) Not later than February 15, 2011, the Sec20 retary of Defense, after consultation with the Chair21 man of the Joint Chiefs of Staff, shall submit to the 

22 committees referred to in paragraph (2) the Sec23 retary’s comments on the Panel’s final report under 

24 that paragraph. 
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1 (h) INFORMATION FROM FEDERAL AGENCIES.—The 

2 Panel may secure directly from the Department of De3 fense and any of its components such information as the 

4 Panel considers necessary to carry out its duties under 

5 this section. The head of the department or agency con6 cerned shall ensure that information requested by the 

7 Panel under this subsection is promptly provided. 

8 (i) FFRDC SUPPORT.—Upon the request of the co9 chairs of the Panel, the Secretary of Defense shall make 

10 available to the Panel the services of any federally funded 

11 research and development center that is covered by a spon12 soring agreement of the Department of Defense. 

13 (j) PERSONNEL MATTERS.—The Panel shall have the 

14 authorities provided in section 3161 of title 5, United 

15 States Code, and shall be subject to the conditions set 

16 forth in such section. 

17 (k) PAYMENT OF PANEL EXPENSES.—Funds for ac18 tivities of the Panel shall be provided from amounts avail19 able to the Department of Defense. 

20 (l) TERMINATION.—The Panel shall terminate 45 

21 days after the date on which the Panel submits its final 

22 report under subsection (g)(2). 
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1 SEC. 1036. REPORT REQUIRED ON NOTIFICATION OF DE2 TAINEES OF RIGHTS UNDER MIRANDA V. ARI3 ZONA. 

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

6 to the congressional defense committees a report on how 

7 the reading of rights under Miranda v. Arizona (384 U.S. 

8 436 (1966)) to individuals detained by the United States 

9 in Afghanistan may affect— 

10 (1) the rules of engagement of the Armed 

11 Forces deployed in support of Operation Enduring 

12 Freedom; 

13 (2) post-capture interrogations and intelligence14 gathering activities conducted as part of Operation 

15 Enduring Freedom; 

16 (3) the overall counterinsurgency strategy and 

17 objectives of the United States for Operation Endur18 ing Freedom; 

19 (4) United States military operations and objec20 tives in Afghanistan; and 

21 (5) potential risks to members of the Armed 

22 Forces operating in Afghanistan. 
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1 SEC. 1037. ANNUAL REPORT ON THE ELECTRONIC WAR2 FARE STRATEGY OF THE DEPARTMENT OF 

3 DEFENSE. 

4 (a) ANNUAL REPORT REQUIRED.—At the same time 

5 as the President submits to Congress the budget under 

6 section 1105(a) of title 31, United States Code, for fiscal 

7 year 2011, and for each subsequent fiscal year, the Sec8 retary of Defense, in coordination with the Chairman of 

9 the Joint Chiefs of Staff and the Secretary of each of the 

10 military departments, shall submit to the congressional de11 fense committees an annual report on the electronic war12 fare strategy of the Department of Defense. 

13 (b) CONTENTS OF REPORT.—Each report required 

14 under subsection (a) shall include each of the following: 

15 (1) A description and overview of— 

16 (A) the Department of Defense’s electronic 

17 warfare strategy; 

18 (B) how such strategy supports the Na19 tional Defense Strategy; and 

20 (C) the organizational structure assigned 

21 to oversee the development of the Department’s 

22 electronic warfare strategy, requirements, capa23 bilities, programs, and projects. 

24 (2) A list of all the electronic warfare acquisi25 tion programs and research and development 

26 projects of the Department of Defense and a de-
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1 scription of how each program or project supports 

2 the Department’s electronic warfare strategy. 

3 (3) For each unclassified program or project on 

4 the list required by paragraph (2)— 

5 (A) the senior acquisition executive and or6 ganization responsible for oversight of the pro7 gram or project; 

8 (B) whether or not validated requirements 

9 exist for each program or project and, if such 

10 requirements exist, the date on which the re11 quirements were validated and by which organi12 zational authority; 

13 (C) the total amount of funding appro14 priated, obligated, and forecasted by fiscal year 

15 for the program or project, to include the pro16 gram element or procurement line number from 

17 which the program or project receives funding; 

18 (D) the development or procurement 

19 schedule for the program or project; 

20 (E) an assessment of the cost, schedule, 

21 and performance of the program or project as 

22 it relates to the program or project’s current 

23 program baseline and the original program 

24 baseline if such baselines are not the same; 
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1 (F) the technology readiness level of each 

2 critical technology that is part of the program 

3 or project; 

4 (G) whether or not the program or project 

5 is redundant or overlaps with the efforts of an6 other military department; and 

7 (H) what capability gap the program or 

8 project is being developed or procured to fulfill. 

9 (4) A classified annex that contains the items 

10 described in subparagraphs (A) through (H) for 

11 each classified program or project on the list re12 quired by paragraph (2). 

13 SEC. 1038. STUDIES TO ANALYZE ALTERNATIVE MODELS 

14 FOR ACQUISITION AND FUNDING OF TECH15 NOLOGIES SUPPORTING NETWORK-CENTRIC 

16 OPERATIONS. 

17 (a) STUDIES REQUIRED.— 

18 (1) INDEPENDENT STUDY.—Not later than 90 

19 days after the date of the enactment of this Act, the 

20 Secretary of Defense shall enter into a contract with 

21 an independent federally funded research and devel22 opment center to carry out a comprehensive study of 

23 policies, procedures, organization, and regulatory 

24 constraints affecting the acquisition of technologies 

25 supporting network-centric operations. The contract 
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1 shall be funded from amounts appropriated pursuant 

2 to an authorization of appropriations in this Act or 

3 otherwise made available for fiscal year 2010 for op4 eration and maintenance for Defense-wide activities. 

5 (2) JOINT CHIEFS OF STAFF STUDY.—The 

6 Chairman of the Joint Chiefs of Staff shall carry out 

7 a comprehensive study of the same subjects covered 

8 by paragraph (1). The study shall be independent of 

9 the study required by paragraph (1) and shall be 

10 carried out in conjunction with the military depart11 ments and in coordination with the Secretary of De12 fense. 

13 (b) MATTERS TO BE ADDRESSED.—Each study re14 quired by subsection (a) shall address the following mat15 ters: 

16 (1) Development of a system for understanding 

17 the various foundational components that contribute 

18 to network-centric operations, such as data trans19 port, processing, storage, data collection, and dis20 semination of information. 

21 (2) Determining how acquisition and funding 

22 programs that are in place as of the date of the en23 actment of this Act relate to the system developed 

24 under paragraph (1). 
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1 (3) Development of acquisition and funding 

2 models using the system developed under paragraph 

3 (1), including— 

4 (A) a model under which a joint entity 

5 independent of any military department (such 

6 as the Joint Staff) is established with responsi7 bility and control of all funding for the acquisi8 tion of technologies for network-centric oper9 ations, and with authority to oversee the incor10 poration of such technologies into the acquisi11 tion programs of the military departments; 

12 (B) a model under which an executive 

13 agent is established to manage and oversee the 

14 acquisition of technologies for network-centric 

15 operations, but would not have exclusive control 

16 of the funding for such programs; 

17 (C) a model under which the acquisition 

18 and funding programs that are in place as of 

19 the date of the enactment of this Act are main20 tained; and 

21 (D) any other model that the entity car22 rying out the study considers relevant. 

23 (4) An analysis of each of the models developed 

24 under paragraph (3) with respect to potential bene25 fits in— 
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1 (A) collecting, processing, and dissemi2 nating information; 

3 (B) network commonality; 

4 (C) common communications; 

5 (D) interoperability; 

6 (E) mission impact and success; and 

7 (F) cost effectiveness. 

8 (5) An evaluation of each of the models devel9 oped under paragraph (3) with respect to feasibility, 

10 including identification of legal, policy, or regulatory 

11 barriers that may impede the implementation of 

12 such model. 

13 (c) REPORT REQUIRED.—Not later than September 

14 30, 2010, the Secretary of Defense shall submit to the 

15 congressional defense committees a report on the results 

16 of the studies required by subsection (a). The report shall 

17 include the findings and recommendations of the studies 

18 and any observations and comments that the Secretary 

19 considers appropriate. 

20 (d) NETWORK-CENTRIC OPERATIONS DEFINED.—In 

21 this section, the term ‘‘network-centric operations’’ refers 

22 to the ability to exploit all human and technical elements 

23 of the Joint Force and mission partners through the full 

24 integration of collected information, awareness, knowl25 edge, experience, and decision-making, enabled by secure 
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1 access and distribution, all to achieve agility and effective2 ness in a dispersed, decentralized, dynamic, or uncertain 

3 operational environment. 

4 SEC. 1039. REPORT ON COMPETITIVE PROCEDURES USED 

5 FOR EARMARKS IN DEPARTMENT OF DE6 FENSE APPROPRIATIONS ACT, 2008. 

7 (a) REPORT REQUIREMENT.—Not later than 60 days 

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

9 of Defense shall submit to Congress a report on the con10 gressional earmarks described in subsection (b). 

11 (b) CONGRESSIONAL EARMARKS DESCRIBED.—The 

12 congressional earmarks described in this subsection are 

13 the congressional earmarks (House) and the congression14 ally directed spending items (Senate) on the list published 

15 in compliance with clause 9 of rule XXI of the Rules of 

16 the House of Representatives and rule XLIV of the Stand17 ing Rules of the Senate and contained on pages 372 to 

18 476 of the Joint Explanatory Statement submitted by the 

19 Committee of Conference for the conference report to ac20 company H.R. 3222 of the 110th Congress (Report 110– 

21 434). 

22 (c) MATTERS COVERED BY REPORT.—The report re23 quired by subsection (a) shall set forth the following with 

24 respect to each congressional earmark on the list referred 

25 to in subsection (b): 
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1 (1) The competitive procedures used to procure 

2 each earmark, including the process used, the tools 

3 employed, and the decisions reached. 

4 (2) If competitive procedures were not used to 

5 procure an earmark, the reasons why competitive 

6 procedures were not used, including a discussion of 

7 the decision making process and how the decision to 

8 use procedures other than competitive procedures 

9 was reached. 

10 SEC. 1040. STUDY ON NATIONAL SECURITY PROFESSIONAL 

11 CAREER DEVELOPMENT AND SUPPORT. 

12 (a) STUDY REQUIRED.—Not later than 30 days after 

13 the date of the enactment of this Act, the President shall 

14 designate an Executive agency to commission a study by 

15 an appropriate independent, non-profit organization. The 

16 organization selected shall study the design and implemen17 tation of an interagency system for the career development 

18 and support of national security professionals. The organi19 zation selected shall be qualified on the basis of having 

20 performed related work in the fields of national security 

21 and human capital development, and on the basis of such 

22 other criteria as the head of the Executive agency may 

23 determine. 

24 (b) MATTERS CONSIDERED.—The study required by 

25 subsection (a) shall, at a minimum, include the following: 
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1 (1) The qualifications required to certify an em2 ployee as a national security professional. 

3 (2) Methods for identifying and designating po4 sitions within the Federal Government which require 

5 the knowledge, skills and aptitudes of a national se6 curity professional. 

7 (3) The essential elements required for an ac8 credited interagency national security professional 

9 education system. 

10 (4) A system for training national security pro11 fessionals to ensure they develop and maintain the 

12 qualifications identified under paragraph (1). 

13 (5) An institutional structure for managing a 

14 national security professional career development 

15 system. 

16 (6) Potential mechanisms for funding a na17 tional security professional career development pro18 gram. 

19 (c) REPORT.—A report containing the findings and 

20 recommendations resulting from the study required by 

21 subsection (a), together with any views or recommenda22 tions of the President, shall be submitted to Congress by 

23 December 1, 2010. 

24 (d) DEFINITIONS.—For purposes of this section— 
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1 (1) the term ‘‘Executive agency’’ has the mean2 ing given such term by section 105 of title 5, United 

3 States Code; 

4 (2) the term ‘‘employee’’ has the meaning given 

5 such term by section 2105 of title 5, United States 

6 Code; and 

7 (3) the term ‘‘national security professional’’ 

8 means, with respect to an employee of an Executive 

9 agency, an employee of such agency in a position re10 lating to the planning of, coordination of, or partici11 pation in, interagency national security operations. 

12 Subtitle E—Other Matters 

13 SEC. 1041. PROHIBITION RELATING TO PROPAGANDA. 

14 (a) IN GENERAL.— 

15 (1) PROHIBITION.—Chapter 134 of title 10, 

16 United States Code, is amended by inserting after 

17 section 2241 the following new section: 

18 ‘‘§ 2241a. Prohibition on use of funds for publicity or 

19 propaganda purposes within the United 

20 States 

21 ‘‘Funds available to the Department of Defense may 

22 not be obligated or expended for publicity or propaganda 

23 purposes within the United States not otherwise specifi24 cally authorized by law.’’. 
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1 (2) CLERICAL AMENDMENT.—The table of sec2 tions at the beginning of such chapter is amended 

3 by adding at the end the following new item: 

‘‘2241a. Prohibition on use of funds for publicity or propaganda purposes within 

the United States.’’. 

4 (b) EFFECTIVE DATE.—Section 2241a of title 10, 

5 United States Code, as added by subsection (a), shall take 

6 effect on October 1, 2009, or the date of the enactment 

7 of this Act, whichever is later. 

8 SEC. 1042. EXTENSION OF CERTAIN AUTHORITY FOR MAK9 ING REWARDS FOR COMBATING TERRORISM. 

10 Section 127b(c)(3)(C) of title 10, United States 

11 Code, is amended by striking ‘‘2009’’ and inserting 

12 ‘‘2010’’. 

13 SEC. 1043. TECHNICAL AND CLERICAL AMENDMENTS. 

14 (a) TITLE 10, UNITED STATES CODE.—Title 10, 

15 United States Code, is amended as follows: 

16 (1) The heading of section 1567 is amended to 

17 read as follows: 

18 ‘‘§ 1567. Duration of military protective orders’’. 

19 (2) The heading of section 1567a is amended to 

20 read as follows: 
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1 ‘‘§ 1567a. Mandatory notification of issuance of mili2 tary protective order to civilian law en3 forcement’’. 

4 (3) Section 2306c(h) is amended by striking 

5 ‘‘section 2801(c)(2)’’ and inserting ‘‘section 

6 2801(c)(4)’’. 

7 (4) Section 2667(g)(1) is amended by striking 

8 ‘‘Secretary concerned concerned’’ and inserting 

9 ‘‘Secretary concerned’’. 

10 (b) TITLE 37, UNITED STATES CODE.—Section 

11 308(a)(2)(A)(ii) of title 37, United States Code, is amend12 ed by striking the comma before the period at the end. 

13 (c) DUNCAN HUNTER NATIONAL DEFENSE AUTHOR14 IZATION ACT FOR FISCAL YEAR 2009.—Effective as of 

15 October 14, 2008, and as if included therein as enacted, 

16 the Duncan Hunter National Defense Authorization Act 

17 for Fiscal Year 2009 (Public Law 110–417) is amended 

18 as follows: 

19 (1) Section 314(a) (122 Stat. 4410; 10 U.S.C. 

20 2710 note) is amended by striking ‘‘Secretary’’ and 

21 inserting ‘‘Secretary of Defense’’. 

22 (2) Section 523(1) (122 Stat. 4446) is amended 

23 by striking ‘‘serving or’’ and inserting ‘‘serving in 

24 or’’. 
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1 (3) Section 616 (122 Stat. 4486) is amended 

2 by striking ‘‘of title’’ in subsections (b) and (c) and 

3 inserting ‘‘of such title’’. 

4 (4) Section 732(2) (122 Stat. 4511) is amended 

5 by striking ‘‘year.’’ and inserting ‘‘year’’. 

6 (5) Section 811(c)(6)(A)(iv)(I) (122 Stat.4524) 

7 is amended by striking ‘‘after of ‘the program’ ’’ and 

8 inserting ‘‘after ‘of the program’ ’’. 

9 (6) Section 813(d)(3) (122 Stat. 4527) is 

10 amended by striking ‘‘each of subsections (c)(2)(A) 

11 and (d)(2)’’ and inserting ‘‘subsection (c)(2)(A)’’. 

12 (7) Section 825(b) (122 Stat. 4534) is amended 

13 in the new item being added by inserting a period 

14 after ‘‘thereof’’. 

15 (8) Section 834(a)(2) (122 Stat. 4537) is 

16 amended by inserting ‘‘subchapter II of’’ before 

17 ‘‘chapter 87’’. 

18 (9) Section 845(a) (122 Stat. 4541) is amend19 ed— 

20 (A) in paragraph (1), by striking ‘‘Sub21 chapter I’’ and inserting ‘‘Subchapter II’’; and 

22 (B) in paragraph (2), by striking ‘‘sub23 chapter I’’ and inserting ‘‘subchapter II’’. 

24 (10) Section 855 (122 Stat. 4545) is repealed. 
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1 (11) Section 921(1) (122 Stat. 4573) is amend2 ed by striking ‘‘subsections (f) and (g) as sub3 sections (g) and (h)’’ and inserting ‘‘subsections (f), 

4 (g), and (h) as subsections (g), (h), and (i)’’. 

5 (12) Section 931(b)(5) (122 Stat. 4575) is 

6 amended— 

7 (A) by striking ‘‘Section 201(e)(2)’’ and 

8 inserting ‘‘Section 201(f)(2)(E)’’; and 

9 (B) by striking ‘‘(6 U.S.C. 121(e)(2))’’ and 

10 inserting ‘‘(6 U.S.C. 121(f)(2)(E))’’. 

11 (13) Section 932 (122 Stat. 4576) is repealed. 

12 (14) Section 1033(b) (122 Stat. 4593) is 

13 amended by striking ‘‘chapter 941’’ and inserting 

14 ‘‘chapter 931’’. 

15 (15) Section 1059 (122 Stat. 4611) is amended 

16 by striking ‘‘Act of’’ and inserting ‘‘Act for’’. 

17 (16) Section 1061(b)(3) (122 Stat. 4613) is 

18 amended by striking ‘‘103’’ and inserting ‘‘188’’. 

19 (17) Section 1109 (122 Stat. 4618) is amended 

20 in subsection (e)(1) of the matter proposed to be 

21 added by striking ‘‘the date of the enactment of this 

22 Act’’ and inserting ‘‘October 14, 2008,’’. 

23 (18) Section 2104(b) (122 Stat. 4664) is 

24 amended in the matter preceding paragraph (1) by 
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1 striking ‘‘section 2401’’ and inserting ‘‘section 

2 2101’’. 

3 (19) Section 3508(b) (122 Stat. 4769) is 

4 amended to read as follows: 

5 ‘‘(b) CONFORMING AMENDMENT.—The chapter 541 

6 of title 46, United States Code, as inserted and amended 

7 by the amendments made by subparagraphs (A) through 

8 (D) of section 3523(a)(6) of the National Defense Author9 ization Act for Fiscal Year 2008 (Public Law 110–181; 

10 122 Stat. 599), is repealed.’’. 

11 (20) Section 3511(d) (122 Stat. 4770) is 

12 amended by inserting before the period the fol13 lowing: ‘‘, and by striking ‘CALENDAR’ and inserting 

14 ‘FISCAL’ in the heading for paragraph (2)’’. 

15 SEC. 1044. REPEAL OF PILOT PROGRAM ON COMMERCIAL 

16 FEE-FOR-SERVICE AIR REFUELING SUPPORT 

17 FOR THE AIR FORCE. 

18 The National Defense Authorization Act for Fiscal 

19 Year 2008 (Public Law 110–181) is amended by striking 

20 section 1081. 
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1 SEC. 1045. EXTENSION OF SUNSET FOR CONGRESSIONAL 

2 COMMISSION ON THE STRATEGIC POSTURE 

3 OF THE UNITED STATES. 

4 Section 1062 of the National Defense Authorization 

5 Act for Fiscal Year 2008 (Public Law 110–181; 122 Stat. 

6 319) is amended— 

7 (1) by redesignating subsections (f) and (g) as 

8 subsections (g) and (h), respectively; 

9 (2) in subsection (h), as redesignated by para10 graph (1) of this subsection, by striking ‘‘June 1, 

11 2009’’ and inserting ‘‘September 30, 2010’’; and 

12 (3) by inserting after subsection (e) the fol13 lowing new subsection (f): 

14 ‘‘(f) FOLLOW-ON REPORT.—Not later than May 1, 

15 2010, the commission shall submit to the President, the 

16 Secretary of Defense, the Secretary of Energy, the Sec17 retary of State, the Committee on Armed Services of the 

18 Senate, the Committee on Foreign Relations of the Sen19 ate, the Committee on Armed Services of the House of 

20 Representatives, and the Committee on Foreign Affairs of 

21 the House of Representatives a follow-on report to the re22 port submitted under subsection (e). With respect to the 

23 matters described under subsection (c), the follow-on re24 port shall include, at a minimum, the following: 

25 ‘‘(1) A review of— 
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1 ‘‘(A) the nuclear posture review required 

2 by section 1070 of this Act; and 

3 ‘‘(B) the Quadrennial Defense Review re4 quired to be submitted under section 118 of 

5 title 10, United States Code. 

6 ‘‘(2) A review of legislative actions taken by the 

7 111th Congress.’’. 

8 SEC. 1046. AUTHORIZATION OF APPROPRIATIONS FOR PAY9 MENTS TO PORTUGUESE NATIONALS EM10 PLOYED BY THE DEPARTMENT OF DEFENSE. 

11 (a) AUTHORIZATION FOR PAYMENTS.—Subject to 

12 subsection (b), the Secretary of Defense may authorize 

13 payments to Portuguese nationals employed by the De14 partment of Defense in Portugal, for the difference be15 tween— 

16 (1) the salary increases resulting from section 

17 8002 of the Department of Defense Appropriations 

18 Act, 2006 (Public Law 109–148; 119 Stat. 2697; 10 

19 U.S.C. 1584 note) and section 8002 of the Depart20 ment of Defense Appropriations Act, 2007 (Public 

21 Law 109–289; 120 Stat. 1271; 10 U.S.C. 1584 

22 note); and 

23 (2) salary increases supported by the Depart24 ment of Defense Azores Foreign National wage sur25 veys for survey years 2006 and 2007. 
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1 (b) LIMITATION.—The authority provided in sub2 section (a) may be exercised only if— 

3 (1) the wage survey methodology described in 

4 the United States—Portugal Agreement on Coopera5 tion and Defense, with supplemental technical and 

6 labor agreements and exchange of notes, signed at 

7 Lisbon on June 1, 1995, and entered into force on 

8 November 21, 1995, is eliminated; and 

9 (2) the agreements and exchange of notes re10 ferred to in paragraph (1) and any implementing 

11 regulations thereto are revised to provide that the 

12 obligations of the United States regarding annual 

13 pay increases are subject to United States appro14 priation law governing the funding available for such 

15 increases. 

16 (c) AUTHORIZATION FOR APPROPRIATION.—Of the 

17 amounts authorized to be appropriated under title III, not 

18 less than $240,000 is authorized to be appropriated for 

19 fiscal year 2010 for the purpose of the payments author20 ized by subsection (a). 

21 SEC. 1047. COMBAT AIR FORCES RESTRUCTURING. 

22 (a) LIMITATIONS RELATING TO LEGACY AIR23 CRAFT.—Until the expiration of the 90-day period begin24 ning on the date the Secretary of the Air Force submits 
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1 a report in accordance with subsection (b), the following 

2 provisions apply: 

3 (1) PROHIBITION ON RETIREMENT OF AIR4 CRAFT.—The Secretary of the Air Force may not re5 tire any fighter aircraft pursuant to the Combat Air 

6 Forces restructuring plan announced by the Sec7 retary on May 18, 2009. 

8 (2) PROHIBITION ON PERSONNEL REASSIGN9 MENTS.—The Secretary of the Air Force may not 

10 reassign any Air Force personnel (whether on active 

11 duty or a member of a reserve component, including 

12 the National Guard) associated with such restruc13 turing plan. 

14 (3) REQUIREMENTS TO CONTINUE FUNDING.— 

15 (A) Of the funds authorized to be appro16 priated in title III of this Act for operations 

17 and maintenance for the Air Force, at least 

18 $344,600,000 shall be expended for continued 

19 operation and maintenance of the 249 fighter 

20 aircraft scheduled for retirement in fiscal year 

21 2010 pursuant to such restructuring plan. 

22 (B) Of the funds authorized to be appro23 priated in title I of this Act for procurement for 

24 the Air Force, at least $10,500,000 shall be 

25 available for obligation to provide for any modi-
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1 fications necessary to sustain the 249 fighter 

2 aircraft. 

3 (b) REPORT.—The report under subsection (a) shall 

4 be submitted to the Committees on Armed Services of the 

5 House of Representatives and the Senate and shall include 

6 the following information: 

7 (1) A detailed plan of how the force structure 

8 and capability gaps resulting from the retirement ac9 tions will be addressed. 

10 (2) An explanation of the assessment conducted 

11 of the current threat environment and current capa12 bilities. 

13 (3) A description of the follow-on mission as14 signments for each affected base. 

15 (4) An explanation of the criteria used for se16 lecting the affected bases and the particular fighters 

17 chosen for retirement. 

18 (5) A description of the environmental analyses 

19 being conducted. 

20 (6) An identification of the reassignment and 

21 manpower authorizations necessary for the Air 

22 Force personnel (both active duty and reserve com23 ponent) affected by the retirements if such retire24 ments are accomplished. 
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1 (7) A description of the funding needed in fiscal 

2 years 2010 through 2015 to cover operation and 

3 maintenance costs, personnel, and aircraft procure4 ment, if the restructuring plan is not carried out. 

5 (8) An estimate of the cost avoidance should 

6 the restructuring plan more forward and a descrip7 tion of how such funds would be invested during the 

8 future-years defense plan to ensure the remaining 

9 fighter force achieves the desired service life and is 

10 sufficiently modernized to outpace the threat. 

11 (c) EXCEPTION FOR CERTAIN AIRCRAFT.—The pro12 hibition in subsection (a)(1) shall not apply to the five 

13 fighter aircraft scheduled for retirement in fiscal year 

14 2010, as announced when the budget for fiscal year 2009 

15 was submitted to Congress. 

16 SEC. 1048. SENSE OF CONGRESS HONORING THE HONOR17 ABLE ELLEN O. TAUSCHER. 

18 (a) FINDINGS.—Congress makes the following find19 ings: 

20 (1) In 1996, Representative Ellen O. Tauscher 

21 was elected to represent California’s 10th Congres22 sional district, which is located in the East Bay Area 

23 of northern California and consists of parts of So24 lano, Contra Costa, Alameda, and Sacramento coun25 ties. 
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1 (2) Representative Tauscher also represents two 

2 of the Nation’s defense laboratories, Lawrence 

3 Livermore and the California campus of Sandia, as 

4 well as Travis Air Force Base, home of the 60th Air 

5 Mobility Wing and the Camp Parks Army Reserve 

6 facility. 

7 (3) Prior to her service in Congress, Represent8 ative Tauscher worked in the private sector for 20 

9 years, 14 of which were on Wall Street. 

10 (4) At age 25, Representative Tauscher became 

11 one of the first women, and the youngest at the 

12 time, to hold a seat on the New York Stock Ex13 change, and she later served as an officer of the 

14 American Stock Exchange. 

15 (5) Representative Tauscher moved to Cali16 fornia in 1989 and shortly afterwards founded the 

17 first national research service to help parents verify 

18 the background of childcare workers while she 

19 sought quality childcare for her own daughter. 

20 (6) Subsequently, Representative Tauscher pub21 lished a book to help working parents make in22 formed decisions about their own childcare needs. 

23 (7) Representative Tauscher is known by her 

24 colleagues in Congress as a leader on national secu25 rity and nonproliferation issues. 
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1 (8) During her tenure, she has introduced legis2 lation to increase and expand the Nation’s non3 proliferation programs, strengthen the Stockpile 

4 Stewardship Program, and provide the Nation’s 

5 troops with the support and equipment they deserve. 

6 (9) In the 110th Congress, Representative 

7 Tauscher was appointed Chairman of the Strategic 

8 Forces Subcommittee of the Armed Services Com9 mittee of the House of Representatives, becoming 

10 only the third woman in history to chair an Armed 

11 Services subcommittee. 

12 (10) Representative Tauscher is also the first 

13 California Democrat to be elevated to an Armed 

14 Services Subcommittee Chairmanship since 1992. 

15 (11) Representative Tauscher is currently serv16 ing her second term as the Chairman of the House 

17 New Democrat Coalition, and she was appointed by 

18 the Speaker of the House to serve as the Vice Chair 

19 for the Future Security and Defense Capabilities 

20 Subcommittee of the Defense and Security Com21 mittee of NATO’s Parliamentary Assembly. 

22 (12) On May 5, 2009, the President nominated 

23 Representative Tauscher to serve as Under Sec24 retary of State for Arms Control and International 

25 Security at the Department of State. 
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1 (b) SENSE OF CONGRESS.—It is the Sense of Con2 gress that the Honorable Ellen O. Tauscher, Representa3 tive from California, has served the House of Representa4 tives and the American people selflessly and with distinc5 tion, and that she deserves the sincere and humble grati6 tude of Congress and the Nation. 

7 SEC. 1049. SENSE OF CONGRESS CONCERNING THE DIS8 POSITION OF SUBMARINE NR–1. 

9 (a) FINDINGS.—Congress makes the following find10 ings: 

11 (1) The Deep Submergence Vessel NR–1 (here12 inafter in this section referred to as ‘‘NR–1’’) was 

13 built by the Electric Boat Company in Groton, Con14 necticut, entered service in 1969, and was the only 

15 nuclear-powered research submersible in the United 

16 States Navy. 

17 (2) NR–1 was assigned to Naval Submarine 

18 Base New London, located in Groton, Connecticut 

19 throughout her entire service life. 

20 (3) NR–1 was inactivated in December 2008. 

21 (4) Due to the unique capabilities of NR–1, it 

22 conducted numerous missions of significant military 

23 and scientific value most notably in the fields of geo24 logical survey and oceanographic research. 
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1 (5) In 1986, NR–1 played a key role in the 

2 search for and recovery of the Space Shuttle Chal3 lenger. 

4 (6) The mission of the Submarine Force Li5 brary and Museum in Groton, Connecticut, is to col6 lect, preserve, and interpret the history of the 

7 United States Naval Submarine Force in order to 

8 honor veterans and to educate naval personnel and 

9 the public in the heritage and traditions of the Sub10 marine Force. 

11 (7) NR–1 is a unique and irreplaceable part of 

12 the history of the Navy and the Submarine Force 

13 and an educational and historical asset that should 

14 be shared with the Nation and the world. 

15 (b) SENSE OF CONGRESS.—It is the Sense of Con16 gress that— 

17 (1) NR–1 is a unique and irreplaceable part of 

18 the Nation’s history and as much of the vessel as 

19 possible should be preserved for the historical and 

20 educational benefit of all Americans at the Sub21 marine Force Museum and Library in Groton, Con22 necticut; and 

23 (2) the Secretary of the Navy should ensure 

24 that as much of the vessel as possible, including 

25 unique components of on-board equipment and clear-
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1 ly recognizable sections of the hull and super2 structure, to the full extent practicable, are made 

3 available for transfer to the Submarine Force Mu4 seum and Library. 

5 SEC. 1050. COMPLIANCE WITH REQUIREMENT FOR PLAN 

6 ON THE DISPOSITION OF DETAINEES AT 

7 NAVAL STATION, GUANTANAMO BAY, CUBA. 

8 The Secretary of Defense shall comply with the re9 quirements of section 1023(b) of this Act, regarding the 

10 transfer or release of the individuals detained at Naval 

11 Station, Guantanamo Bay, Cuba. 

12 SEC. 1051. SENSE OF CONGRESS REGARDING CARRIER AIR 

13 WING FORCE STRUCTURE. 

14 (a) FINDINGS.—Congress makes the following find15 ings: 

16 (1) The requirement of section 5062(b) of title 

17 10, United States Code, for the Navy to maintain 

18 not less than 11 operational aircraft carriers, means 

19 that the naval combat forces of the Navy also in20 clude not less than 10 carrier air wings. 

21 (2) The Department of the Navy currently re22 quires a carrier air wing to include not less than 44 

23 strike fighter aircraft. 

24 (3) In spite of the potential warfighting benefits 

25 that may result in the deployment of fifth-generation 
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1 strike fighter aircraft, for the foreseeable future the 

2 majority of the strike fighter aircraft assigned to a 

3 carrier air wing will not be fifth-generation assets. 

4 (b) SENSE OF CONGRESS.—It is the sense of Con5 gress that— 

6 (1) in addition to the forces described in section 

7 5062(b) of title 10, United States Code, the naval 

8 combat forces of the Navy should include not less 

9 than 10 carrier air wings (even if the number of air10 craft carriers is temporarily reduced) that are com11 prised of, in addition to any other aircraft, not less 

12 than 44 strike fighter aircraft; and 

13 (2) the Secretary of the Navy should take all 

14 appropriate actions necessary to make resources 

15 available in order to include such number of strike 

16 fighter aircraft in each carrier air wing. 

17 SEC. 1052. SENSE OF CONGRESS ON DEPARTMENT OF DE18 FENSE FINANCIAL IMPROVEMENT AND 

19 AUDIT READINESS; PLAN. 

20 (a) FINDINGS.—Congress makes the following find21 ings: 

22 (1) The Department of Defense is the largest 

23 agency in the Federal Government, owning 86 per24 cent of the Government’s assets, estimated at $4.6 

25 trillion. 
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1 (2) It is essential that the Department maintain 

2 strong financial management and business systems 

3 that allow for comprehensive auditing, in order to 

4 improve financial management government-wide and 

5 to achieve an opinion on the Federal Government’s 

6 consolidated financial statements. 

7 (3) Several major pieces of legislation, such as 

8 the Chief Financial Officers Act of 1990 (Public 

9 Law 101–576) and the Federal Financial Manage10 ment Improvement Act of 1996 (Public Law 104– 

11 208; 31 U.S.C. 3512 note) have required published 

12 financial statement audits, reporting by auditors re13 garding whether the Department’s financial manage14 ment systems comply substantially with Federal ac15 counting standards, and other measures intended to 

16 ensure financial management systems of the Depart17 ment provide accurate, reliable, and timely financial 

18 management information. 

19 (4) Nevertheless, according to the January 

20 2009 update to the Government Accountability Of21 fice High Risk Series, to date, only ‘‘* * * the U.S. 

22 Army Corps of Engineers, Civil Works has achieved 

23 a clean audit opinion on its financial statements. 

24 None of the military services have received favorable 

25 financial statement audit opinions, and the Depart-
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1 ment has annually acknowledged that long-standing 

2 pervasive weaknesses in its business systems, proc3 esses, and controls have prevented auditors from de4 termining the reliability of reported financial state5 ment information.’’. 

6 (5) In response to a congressional mandate, the 

7 Department issued its first biennial Financial Im8 provement and Audit Readiness Plan in December 

9 2005, to delineate its strategy for addressing finan10 cial management challenges and achieving clean 

11 audit opinions. This 2005 report projected that 69 

12 percent of assets and 80 percent of liabilities would 

13 be ‘‘clean’’ by 2009, yet in the latest report in 

14 March 2009 the Department projects it will achieve 

15 an unqualified audit on only 45 percent of its assets 

16 and liabilities by 2009. The Department of Defense 

17 is falling behind its original plan to achieve full com18 pliance with the law by 2017. 

19 (6) Following the passage of the Sarbanes20 Oxley Act of 2002 (Public Law 107–204), publicly 

21 traded corporations in the United States would face 

22 severe penalties for similar deficiencies in financial 

23 management and accountability. 

24 (b) SENSE OF CONGRESS.—It is the sense of Con25 gress that it is no longer excusable to allow poor business 
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1 systems, a deficiency of resource allocation, or a lack of 

2 commitment from senior Department of Defense leader3 ship to foster waste or non-accountability to the United 

4 States taxpayer. It is the further sense of Congress that 

5 the Secretary of Defense has not made compliance with 

6 financial management and audit readiness standards a top 

7 priority and should require, through the Chief Manage8 ment Officer of the Department of Defense, that each 

9 component of the Department develop and implement a 

10 specific plan to become compliant with the law well in ad11 vance of 2017. 

12 (c) PLAN.—In the next update of the Financial Im13 provement and Audit Readiness Plan, following the date 

14 of the enactment of this Act, the Secretary of Defense 

15 shall outline a plan to achieve a full, unqualified audit of 

16 the Department of Defense by September 30, 2013. In 

17 the plan, the Secretary shall also identify a mechanism 

18 to conduct audits of the military intelligence programs and 

19 agencies and to submit audited financial statements for 

20 such agencies to Congress in a classified manner. 

21 SEC. 1053. JUSTICE FOR VICTIMS OF TORTURE AND TER22 RORISM. 

23 (a) FINDINGS.—Congress makes the following find24 ings: 
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1 (1) At the request of President George W. 

2 Bush, Congress permitted the President to waive ap3 plicable provisions of the National Defense Author4 ization Act for Fiscal Year 2008 with respect to ju5 dicially cognizable claims of American victims of tor6 ture and hostage taking by the Government of Iraq. 

7 (2) In return, however, Congress requested the 

8 executive branch to resolve these claims through ne9 gotiations with Iraq. 

10 (3) After considerable delay, officials of the De11 partment of State have informed Members of Con12 gress that these negotiations are underway. 

13 (4) Congress appreciates the start of the nego14 tiations and will monitor the progress in the prompt 

15 and equitable resolution of these claims. 

16 (5) Congress notes that the House of Rep17 resentatives in the 110th Congress unanimously 

18 adopted H.R. 5167, the Justice for Victims of Tor19 ture and Terrorism Act, which set forth an appro20 priate compromise of these claims. 

21 (6) In the interest of assisting the new demo22 cratic government of Iraq, H.R. 5167 offers a con23 siderable compromise to all parties involved by 

24 waiving all punitive damages awarded by the courts 
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1 in these cases, as well as approximately two-thirds of 

2 compensatory damages awarded by the courts. 

3 (b) SENSE OF CONGRESS.—It is the sense of Con4 gress that as the negotiations to resolve the claims of 

5 American victims of torture and hostage taking by the 

6 Government of Iraq that are referred to in subsection 

7 (a)(1) proceed, Congress continues to view the provisions 

8 of H.R. 5167 of the 110th Congress as representing a fair 

9 compromise of these claims. 

10 SEC. 1054. REPEAL OF CERTAIN LAWS PERTAINING TO THE 

11 JOINT COMMITTEE FOR THE REVIEW OF 

12 COUNTERPROLIFERATION PROGRAMS OF 

13 THE UNITED STATES. 

14 (a) JOINT COMMITTEE FOR THE REVIEW OF

15 COUNTERPROLIFERATION PROGRAMS.—Section 1605 of 

16 the National Defense Authorization Act for Fiscal Year 

17 1994 (Public Law 103–160; 22 U.S.C. 2751 note) is re18 pealed. 

19 (b) BIENNIAL REPORT ON COUNTERPROLIFERATION

20 ACTIVITIES AND PROGRAMS.—Section 1503 of the Na21 tional Defense Authorization Act for Fiscal Year 1995 

22 (Public Law 103–337; 22 U.S.C. 2751 note) is repealed. 
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1 SEC. 1055. NOTIFICATION AND ACCESS OF INTERNATIONAL 

2 COMMITTEE OF THE RED CROSS WITH RE3 SPECT TO DETAINEES AT THEATER INTERN4 MENT FACILITY AT BAGRAM AIR BASE, AF5 GHANISTAN. 

6 (a) NOTIFICATION.—The head of a military service 

7 or department, or of a Federal department or agency, that 

8 has custody or effective control of the Theater Internment 

9 Facility at Bagram Air Base, Afghanistan, or of any indi10 vidual detained at such facility, shall, upon the detention 

11 of any such individual at facility, notify the International 

12 Committee of the Red Cross (referred to in this section 

13 as the ‘‘ICRC’’) of such custody or effective control, as 

14 soon as possible. 

15 (b) ACCESS.—The head of a military service or de16 partment, or of a Federal department or agency, with ef17 fective control of the Theater Internment Facility at 

18 Bagram Air Base, Afghanistan, pursuant to subsection 

19 (a), shall ensure ICRC access to any detainee within 24 

20 hours of the receipt by such head of an ICRC request to 

21 access the detainee. Such access to the detainee shall con22 tinue pursuant to ICRC protocols and agreements reached 

23 between the ICRC and the head of a military service or 

24 department, or of a Federal department or agency, with 

25 effective control over the Theater Internment Facility at 

26 Bagram Air Base, Afghanistan. 
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1 (c) SCOPE OF ACCESS.—The ICRC shall be provided 

2 access, in accordance with this section, to any physical lo3 cality at the Theater Internment Facility at Bagram Air 

4 Base, Afghanistan, determined by the ICRC to be relevant 

5 to the treatment of the detainee, including the detainee’s 

6 cell or room, interrogation facilities or rooms, hospital or 

7 related health care facilities or rooms, or other locations 

8 not named in this section. 

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

10 construed to— 

11 (1) create or modify the authority of a military 

12 service or department, a Federal law enforcement 

13 agency, or the intelligence community to detain an 

14 individual; or 

15 (2) limit or otherwise affect any other rights or 

16 obligations which may arise under the Geneva Con17 ventions, other international agreements, or other 

18 laws, or to state all of the situations under which no19 tification to and access for the International Com20 mittee of the Red Cross is required or allowed. 

21 SEC. 1056. SENSE OF CONGRESS HONORING THE HONOR22 ABLE JOHN M. MCHUGH. 

23 (a) FINDINGS.—Congress makes the following find24 ings: 
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1 (1) In 1993, Representative John M. McHugh 

2 was elected to represent New York’s 23rd Congres3 sional district, which is located in northern New 

4 York and consists of Clinton, Hamilton, Lewis, 

5 Oswego, Madison, and Saint Lawrence counties and 

6 parts of Essex, Franklin, Fulton, and Oneida coun7 ties. 

8 (2) Representative McHugh also represents 

9 Fort Drum, home of the 10th Mountain Division. 

10 (3) Prior to his service in Congress, Represent11 ative McHugh served four terms in the New York 

12 State Senate, representing the 48th district from 

13 1984 to 1992. 

14 (4) Representative McHugh began his public 

15 service career in 1971 in his hometown of Water16 town, New York, where he served for five years as 

17 a Confidential Assistant to the City Manager. 

18 (5) Subsequently, Representative McHugh 

19 served for nine years as Chief of Research and Liai20 son with local governments for New York State Sen21 ator H. Douglas Barclay. 

22 (6) Representative McHugh is known by his 

23 colleagues as a leader on national defense and secu24 rity issues and a tireless advocate for America’s mili25 tary personnel and their families. 
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1 (7) During his tenure, he has led the effort to 

2 increase Army and Marine Corps end-strength levels, 

3 increase military personnel pay, reduce the unfair 

4 tax on veterans’ disability and military retired pay 

5 (concurrent receipt) and safeguard military retiree 

6 benefits for our troops. 

7 (8) Since the 103rd Congress, Representative 

8 McHugh has served on the Armed Services Com9 mittee of the House of Representatives and subse10 quently was appointed Chairman of the Morale, Wel11 fare, and Recreation Panel before being appointed 

12 Chairman of the Military Personnel Subcommittee. 

13 (9) Representative McHugh began serving on 

14 the Unites States Military Academy Board of Visi15 tors in 1995, and he was appointed to the Board of 

16 Visitors by the Speaker of the House in 2007. 

17 (10) In the 111th Congress, Representative 

18 McHugh was appointed Ranking Member of the 

19 Armed Services Committee of the House of Rep20 resentatives by the Republican membership of the 

21 House of Representatives. 

22 (11) On June 2, 2009, the President announced 

23 his intention to nominate Representative McHugh to 

24 serve as the Secretary of the Army. 
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1 (b) SENSE OF CONGRESS.—It is the sense of Con2 gress that the Honorable John M. McHugh, Representa3 tive from New York, has served the House of Representa4 tives and the American people selflessly and with distinc5 tion and that he deserves the sincere and humble gratitude 

6 of Congress and the Nation. 

7 SEC. 1057. PUBLIC DISCLOSURE OF NAMES OF STUDENTS 

8 AND INSTRUCTORS AT WESTERN HEMI9 SPHERE INSTITUTE FOR SECURITY CO10 OPERATION. 

11 Section 2166 of title 10, United States Code, is 

12 amended by adding at the end the following new sub13 section: 

14 ‘‘(j) PUBLIC DISCLOSURE OF STUDENTS AND IN15 STRUCTORS.—(1) The Secretary of Defense shall release 

16 to the public, upon request, the information described in 

17 paragraph (2) for each of fiscal years 2005, 2006, 2007, 

18 2008, and 2009, and any fiscal year thereafter. 

19 ‘‘(2) The information to be released under paragraph 

20 (1) shall include the following with respect to the fiscal 

21 year covered: 

22 ‘‘(A) The entire name, including the first, mid23 dle, and maternal and paternal surnames, with re24 spect to each student and instructor at the Institute. 

25 ‘‘(B) The rank of each student and instructor. 
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1 ‘‘(C) The country of origin of each student and 

2 instructor. 

3 ‘‘(D) The courses taken by each student. 

4 ‘‘(E) The courses taught by each instructor. 

5 ‘‘(F) Any years of attendance by each student 

6 in addition to the fiscal year covered.’’. 

7 SEC. 1058. REQUIREMENT FOR VIDEOTAPING OR OTHER8 WISE ELECTRONICALLY RECORDING STRA9 TEGIC INTELLIGENCE INTERROGATIONS OF 

10 PERSONS IN THE CUSTODY OF OR UNDER 

11 THE EFFECTIVE CONTROL OF THE DEPART12 MENT OF DEFENSE. 

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

15 (1) In January 2009, the Secretary of Defense 

16 tasked a special Department of Defense team to re17 view the conditions of confinement at Naval Station, 

18 Guantanamo Bay, Cuba, to ensure all detainees 

19 there are being held ‘‘in conformity with all applica20 ble laws governing the conditions of confinement, in21 cluding Common Article 3 of the Geneva Conven22 tions’’, pursuant to the President’s Executive Order 

23 on Review and Disposition of Individuals Detained 

24 at the Guanta ́namo Bay Naval Base and Closure of 

25 Detention Facilities, dated January 22, 2009. 
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1 (2) That review, led by Admiral Patrick M. 

2 Walsh, included as one of its five key recommenda3 tions the following statement: ‘‘Fourth, we endorse 

4 the use of video recording in all camps and for all 

5 interrogations. The use of video recordings to con6 firm humane treatment could be an important en7 abler for detainee operations. Just as internal con8 trols provide standardization, the use of video re9 cordings provides the capability to monitor perform10 ance and maintain accountability.’’. 

11 (3) Congress concurs and finds that the imple12 mentation of such a detainee videorecording require13 ment within the Department of Defense is in the na14 tional security interest of the United States. 

15 (b) IN GENERAL.—In accordance with the Army 

16 Field Manual on Human Intelligence Collector Operations 

17 (FM 2–22.3, September 2006), or any successor thereto, 

18 and the guidelines developed pursuant to subsection (f), 

19 the Secretary of Defense shall take such actions as are 

20 necessary to ensure the videotaping or otherwise electroni21 cally recording of each strategic intelligence interrogation 

22 of any person who is in the custody or under the effective 

23 control of the Department of Defense or under detention 

24 in a Department of Defense facility. 
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1 (c) CLASSIFICATION OF INFORMATION.—To protect 

2 United States national security, the safety of the individ3 uals conducting or assisting in the conduct of a strategic 

4 intelligence interrogation, and the privacy of persons de5 scribed in subsection (b), the Secretary of Defense shall 

6 provide for the appropriate classification of video tapes or 

7 other electronic recordings made pursuant to subsection 

8 (b). The use of such classified video tapes or other elec9 tronic recordings in proceedings conducted under the De10 tainee Treatment Act of 2005 (title 14 of Public Law 

11 109–163 and title 10 of Public Law 109–148), the Mili12 tary Commissions Act of 2006 (10 U.S.C. 948 et seq.; 

13 Public Law 109–366), or any other provision of law shall 

14 be governed by applicable rules, regulations, and law. 

15 (d) STRATEGIC INTELLIGENCE INTERROGATION DE16 FINED.—For purposes of this section, the term ‘‘strategic 

17 intelligence interrogation’’ means an interrogation of a 

18 person described in subsection (b) conducted at a theater19 level detention facility. 

20 (e) EXCLUSION.—Nothing in this section shall be 

21 construed as requiring— 

22 (1) any member of the Armed Forces engaged 

23 in direct combat operations to videotape or otherwise 

24 electronically record a person described in subsection 

25 (b); or 
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1 (2) the videotaping or other electronic recording 

2 of tactical questioning, as such term is defined in 

3 the Army Field Manual on Human Intelligence Col4 lector Operations (FM 2–22.3, September 2006), or 

5 any successor thereto. 

6 (f) GUIDELINES FOR VIDEOTAPE AND OTHER ELEC7 TRONIC RECORDINGS.— 

8 (1) DEVELOPMENT OF GUIDELINES.—The Sec9 retary of Defense, acting through the Judge Advo10 cates General (as defined in section 801(1) of title 

11 10, United States Code, (Article 1 of the Uniform 

12 Code of Military Justice)), shall develop and adopt 

13 uniform guidelines designed to ensure that the 

14 videotaping or other electronic recording required 

15 under subsection (b), at a minimum— 

16 (A) promotes full compliance with the laws 

17 of the United States; 

18 (B) is maintained for a length of time that 

19 serves the interests of justice in cases for which 

20 trials are being or may be conducted pursuant 

21 to the Detainee Treatment Act of 2005 (title 14 

22 of Public Law 109–163 and title 10 of Public 

23 Law 109–148), the Military Commissions Act 

24 of 2006 (10 U.S.C. 948 et seq.; Public Law 

25 109–366), or any other provision of law; 
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1 (C) promotes the exploitation of intel2 ligence; and 

3 (D) ensures the safety of all participants 

4 in the interrogations. 

5 (2) SUBMITTAL TO CONGRESS.—Not later than 

6 30 days after the date of the enactment of this sec7 tion, the Secretary of Defense shall submit to the 

8 Committees on Armed Services of the Senate and 

9 House of Representatives a report containing the 

10 guidelines developed under paragraph (1). Such re11 port shall be in an unclassified form but may include 

12 a classified annex. 

13 TITLE XI—CIVILIAN PERSONNEL 

14 MATTERS 

Sec. 1101. Authority to employ individuals completing the National Security 

Education Program. 

Sec. 1102. Authority for employment by Department of Defense of individuals 

who have successfully completed the requirements of the 

science, mathematics, and research for transformation 

(SMART) defense scholarship program. 

Sec. 1103. Authority for the employment of individuals who have successfully 

completed the Department of Defense information assurance 

scholarship program. 

Sec. 1104. Additional personnel authorities for the Special Inspector General 

for Afghanistan Reconstruction. 

Sec. 1105. One-year extension of authority to waive annual limitation on premium pay and aggregate limitation on pay for Federal civilian 

employees working overseas. 

Sec. 1106. Extension of certain benefits to Federal civilian employees on official 

duty in Pakistan. 

Sec. 1107. Authority to expand scope of provisions relating to unreduced compensation for certain reemployed annuitants. 

Sec. 1108. Requirement for Department of Defense strategic workforce plans. 

Sec. 1109. Adjustments to limitations on personnel and requirement for annual 

manpower reporting. 

Sec. 1110. Modification to Department of Defense laboratory personnel authority. 
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Sec. 1111. Pilot program for the temporary exchange of information technology 

personnel. 

Sec. 1112. Provisions relating to the National Security Personnel System. 

Sec. 1113. Provisions relating to the Defense Civilian Intelligence Personnel 

System. 

Sec. 1114. Sense of Congress on pay parity for Federal employees service at 

Joint Base McGuire/Dix/Lakehurst. 

1 SEC. 1101. AUTHORITY TO EMPLOY INDIVIDUALS COM2 PLETING THE NATIONAL SECURITY EDU3 CATION PROGRAM. 

4 (a) AUTHORITY FOR EMPLOYMENT.—Section 802 of 

5 the David L. Boren National Security Education Act of 

6 1991 (50 U.S.C. 1902) is amended by adding at the end 

7 the following new subsection: 

8 ‘‘(k) EMPLOYMENT OF PROGRAM PARTICIPANTS.— 

9 The Secretary of Defense, the head of an element of the 

10 intelligence community, the Secretary of Homeland Secu11 rity, the Secretary of State, or the head of a Federal agen12 cy or office identified by the Secretary of Defense under 

13 subsection (g) as having national security responsibil14 ities— 

15 ‘‘(1) may, without regard to any provision of 

16 title 5 governing appointment of employees to posi17 tions in the Department of Defense, an element of 

18 the intelligence community, the Department of 

19 Homeland Security, the Department of State, or 

20 such Federal agency or office, appoint to a position 

21 that is identified under subsection (b)(2)(A)(i) as 

22 having national security responsibilities, or to a posi-
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1 tion in such Federal agency or office, in the excepted 

2 service an individual who has successfully completed 

3 an academic program for which a scholarship or fel4 lowship under this section was awarded and who, 

5 under the terms of the agreement for such scholar6 ship or fellowship, at the time of such appointment 

7 owes a service commitment to such Department, 

8 such element, or such Federal agency or office; and 

9 ‘‘(2) may, upon satisfactory completion of two 

10 years of substantially continuous service by an in11 cumbent who was appointed to an excepted service 

12 position under the authority of paragraph (1), con13 vert the appointment of such individual, without 

14 competition, to a career or career conditional ap15 pointment.’’. 

16 (b) TECHNICAL AMENDMENT.—Section 808 of such 

17 Act (50 U.S.C. 1908) is amended by adding at the end 

18 the following new paragraph: 

19 ‘‘(6) The term ‘intelligence community’ has the 

20 meaning given the term in section 3(4) of the Na21 tional Security Act of 1947 (50 U.S.C. 401a(4)).’’. 
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1 SEC. 1102. AUTHORITY FOR EMPLOYMENT BY DEPART2 MENT OF DEFENSE OF INDIVIDUALS WHO 

3 HAVE SUCCESSFULLY COMPLETED THE RE4 QUIREMENTS OF THE SCIENCE, MATHE5 MATICS, AND RESEARCH FOR TRANS6 FORMATION (SMART) DEFENSE SCHOLAR7 SHIP PROGRAM. 

8 (a) AUTHORITY FOR EMPLOYMENT.—Subsection (d) 

9 of section 2192a of title 10, United States Code, is amend10 ed to read as follows: 

11 ‘‘(d) EMPLOYMENT OF PROGRAM PARTICIPANTS.— 

12 The Secretary of Defense— 

13 ‘‘(1) may, without regard to any provision of 

14 title 5 governing appointment of employees to posi15 tions in the Department of Defense, appoint to a po16 sition in the Department of Defense in the excepted 

17 service an individual who has successfully completed 

18 an academic program for which a scholarship or fel19 lowship under this section was awarded and who, 

20 under the terms of the agreement for such scholar21 ship or fellowship, at the time of such appointment 

22 owes a service commitment to the Department; and 

23 ‘‘(2) may, upon satisfactory completion of two 

24 years of substantially continuous service by an in25 cumbent who was appointed to an excepted service 

26 position under the authority of paragraph (1), con-
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1 vert the appointment of such individual, without 

2 competition, to a career or career conditional ap3 pointment.’’. 

4 (b) CONFORMING AMENDMENT.—Subsection (c)(2) 

5 of such section is amended by striking ‘‘Except as pro6 vided in subsection (d), the’’ in the second sentence and 

7 inserting ‘‘The’’. 

8 (c) TECHNICAL AMENDMENTS.—Subsection (f) of 

9 such section is amended— 

10 (1) by striking the first sentence; and 

11 (2) by striking ‘‘the authorities provided in such 

12 chapter’’ and inserting ‘‘the other authorities pro13 vided in this chapter’’. 

14 (d) REPEAL OF OBSOLETE PROVISION.—Such sec15 tion is further amended by striking subsection (g). 

16 SEC. 1103. AUTHORITY FOR THE EMPLOYMENT OF INDIVID17 UALS WHO HAVE SUCCESSFULLY COM18 PLETED THE DEPARTMENT OF DEFENSE IN19 FORMATION ASSURANCE SCHOLARSHIP PRO20 GRAM. 

21 Section 2200a of title 10, United States Code, is 

22 amended by adding at the end the following new sub23 section: 

24 ‘‘(g) EMPLOYMENT OF PROGRAM PARTICIPANTS.— 

25 The Secretary of Defense— 
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1 ‘‘(1) may, without regard to any provision of 

2 title 5 governing appointments in the competitive 

3 service, appoint to an information technology posi4 tion in the Department of Defense in the excepted 

5 service an individual who has successfully completed 

6 an academic program for which a scholarship under 

7 this section was awarded and who, under the terms 

8 of the agreement for such scholarship, at the time 

9 of such appointment owes a service commitment to 

10 the Department; and 

11 ‘‘(2) may, upon satisfactory completion of two 

12 years of substantially continuous service by an in13 cumbent who was appointed to an excepted service 

14 position under the authority of paragraph (1), con15 vert the appointment of such individual, without 

16 competition, to a career or career conditional ap17 pointment.’’. 

18 SEC. 1104. ADDITIONAL PERSONNEL AUTHORITIES FOR 

19 THE SPECIAL INSPECTOR GENERAL FOR AF20 GHANISTAN RECONSTRUCTION. 

21 Section 1229(h) of the National Defense Authoriza22 tion Act for Fiscal Year 2008 (Public Law 110–181; 122 

23 Stat. 381) is amended by striking paragraph (1) and in24 serting the following: 

25 ‘‘(1) PERSONNEL.— 
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1 ‘‘(A) IN GENERAL.—The Inspector General 

2 may select, appoint, and employ such officers 

3 and employees as may be necessary for carrying 

4 out the duties of the Inspector General, subject 

5 to the provisions of title 5, United States Code, 

6 governing appointments in the competitive serv7 ice, and the provisions of chapter 51 and sub8 chapter III of chapter 53 of such title, relating 

9 to classification and General Schedule pay 

10 rates. 

11 ‘‘(B) ADDITIONAL AUTHORITIES.— 

12 ‘‘(i) IN GENERAL.—Subject to clause 

13 (ii), the Inspector General may exercise the 

14 authorities of subsections (b) through (i) of 

15 section 3161 of title 5, United States Code 

16 (without regard to subsection (a) of that 

17 section). 

18 ‘‘(ii) PERIODS OF APPOINTMENTS.— 

19 In exercising the employment authorities 

20 under subsection (b) of section 3161 of 

21 title 5, United States Code, as provided 

22 under clause (i) of this subparagraph— 

23 ‘‘(I) paragraph (2) of that sub24 section (relating to periods of appoint25 ments) shall not apply; and 
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1 ‘‘(II) no period of appointment 

2 may exceed the date on which the Of3 fice of the Special Inspector General 

4 for Afghanistan Reconstruction termi5 nates under subsection (o).’’. 

6 SEC. 1105. ONE-YEAR EXTENSION OF AUTHORITY TO WAIVE 

7 ANNUAL LIMITATION ON PREMIUM PAY AND 

8 AGGREGATE LIMITATION ON PAY FOR FED9 ERAL CIVILIAN EMPLOYEES WORKING OVER10 SEAS. 

11 Subsection (a) of section 1101 of the Duncan Hunter 

12 National Defense Authorization Act for Fiscal Year 2009 

13 (Public Law 110–417; 122 Stat. 4615), is amended by 

14 striking ‘‘calendar year 2009’’ and inserting ‘‘calendar 

15 years 2009 and 2010’’. 

16 SEC. 1106. EXTENSION OF CERTAIN BENEFITS TO FEDERAL 

17 CIVILIAN EMPLOYEES ON OFFICIAL DUTY IN 

18 PAKISTAN. 

19 Section 1603(a)(2) of the Emergency Supplemental 

20 Appropriations Act for Defense, the Global War on Ter21 ror, and Hurricane Recovery, 2006 (Public Law 109–234; 

22 120 Stat. 443), as amended by section 1102 of the Dun23 can Hunter National Defense Authorization Act for Fiscal 

24 Year 2009 (Public Law 110–417;122 Stat. 4616), is 
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1 amended by inserting ‘‘Pakistan or’’ after ‘‘is on official 

2 duty in’’. 

3 SEC. 1107. AUTHORITY TO EXPAND SCOPE OF PROVISIONS 

4 RELATING TO UNREDUCED COMPENSATION 

5 FOR CERTAIN REEMPLOYED ANNUITANTS. 

6 (a) IN GENERAL.—Section 9902(h) of title 5, United 

7 States Code, is amended— 

8 (1) by redesignating paragraph (3) as para9 graph (4); and 

10 (2) by inserting after paragraph (2) the fol11 lowing: 

12 ‘‘(3) Benefits similar to those provided by para13 graphs (1) and (2) may be extended, in accordance 

14 with regulations prescribed by the President, so as 

15 to be made available with respect to reemployed an16 nuitants within the Department of Defense who are 

17 subject to such other retirement systems for Govern18 ment employees as may be provided for under such 

19 regulations.’’. 

20 (b) CONFORMING AMENDMENT.—Paragraph (4) of 

21 section 9902(h) of such title 5 (as so designated by sub22 section (a)(1)) is amended by striking the period and in23 serting ‘‘, excluding paragraph (3).’’. 
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1 SEC. 1108. REQUIREMENT FOR DEPARTMENT OF DEFENSE 

2 STRATEGIC WORKFORCE PLANS. 

3 (a) CODIFICATION OF REQUIREMENT FOR STRA4 TEGIC WORKFORCE PLAN.— 

5 (1) IN GENERAL.—Chapter 2 of title 10, United 

6 States Code, is amended by adding after section 

7 115a the following new section: 

8 ‘‘§ 115b. Annual strategic workforce plan 

9 ‘‘(a) ANNUAL PLAN REQUIRED.—(1) The Secretary 

10 of Defense shall submit to the congressional defense com11 mittees on an annual basis a strategic workforce plan to 

12 shape and improve the civilian employee workforce of the 

13 Department of Defense. 

14 ‘‘(2) The Under Secretary of Defense for Personnel 

15 and Readiness shall have overall responsibility for devel16 oping and implementing the strategic workforce plan, in 

17 consultation with the Under Secretary of Defense for Ac18 quisition, Technology, and Logistics. 

19 ‘‘(b) CONTENTS.—Each strategic workforce plan 

20 under subsection (a) shall include, at a minimum, the fol21 lowing: 

22 ‘‘(1) An assessment of— 

23 ‘‘(A) the critical skills and competencies 

24 that will be needed in the future within the ci25 vilian employee workforce by the Department of 

26 Defense to support national security require-
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1 ments and effectively manage the Department 

2 during the seven-year period following the year 

3 in which the plan is submitted; 

4 ‘‘(B) the appropriate mix of military, civil5 ian, and contractor personnel capabilities; 

6 ‘‘(C) the critical skills and competencies of 

7 the existing civilian employee workforce of the 

8 Department and projected trends in that work9 force based on expected losses due to retirement 

10 and other attrition; and 

11 ‘‘(D) gaps in the existing or projected civil12 ian employee workforce of the Department that 

13 should be addressed to ensure that the Depart14 ment has continued access to the critical skills 

15 and competencies described in subparagraphs 

16 (A) and (C). 

17 ‘‘(2) A plan of action for developing and re18 shaping the civilian employee workforce of the De19 partment to address the gaps in critical skills and 

20 competencies identified under paragraph (1)(D), in21 cluding— 

22 ‘‘(A) specific recruiting and retention 

23 goals, especially in areas identified as critical 

24 skills and competencies under paragraph (1), 

25 including the program objectives of the Depart-
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1 ment to be achieved through such goals and the 

2 funding needed to achieve such goals; 

3 ‘‘(B) specific strategies for developing, 

4 training, deploying, compensating, and moti5 vating the civilian employee workforce of the 

6 Department, including the program objectives 

7 of the Department to be achieved through such 

8 strategies and the funding needed to implement 

9 such strategies; 

10 ‘‘(C) any incentives necessary to attract or 

11 retain any civilian personnel possessing the 

12 skills and competencies identified in paragraph 

13 (1); 

14 ‘‘(D) any changes in the number of per15 sonnel authorized in any category of personnel 

16 listed in subsection (f)(1) or in the acquisition 

17 workforce that may be needed to address such 

18 gaps and effectively meet the needs of the De19 partment; 

20 ‘‘(E) any changes in the rates or methods 

21 of pay for any category of personnel listed in 

22 subsection (f)(1) or in the acquisition workforce 

23 that may be needed to address inequities and 

24 ensure that the Department has full access to 

25 appropriately qualified personnel to address 
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1 such gaps and meet the needs of the Depart2 ment; and 

3 ‘‘(F) any legislative changes that may be 

4 necessary to achieve the goals referred to in 

5 subparagraph (A). 

6 ‘‘(3) An assessment, using results-oriented per7 formance measures, of the progress of the Depart8 ment in implementing the strategic workforce plan 

9 under this section during the previous year. 

10 ‘‘(4) Any additional matters the Secretary of 

11 Defense considers necessary to address. 

12 ‘‘(c) SENIOR MANAGEMENT, FUNCTIONAL, AND

13 TECHNICAL WORKFORCE.—Each strategic workforce plan 

14 under subsection (a) shall specifically address the shaping 

15 and improvement of the senior management, functional, 

16 and technical workforce (including scientists and engi17 neers) of the Department of Defense, including the re18 quirements set forth in subparagraphs (A) through (F) 

19 of subsection (b)(2). 

20 ‘‘(d) DEFENSE ACQUISITION WORKFORCE.—(1) 

21 Each strategic workforce plan under subsection (a) shall 

22 specifically address the shaping and improvement of the 

23 defense acquisition workforce, including both military and 

24 civilian personnel. 
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1 ‘‘(2) For purposes of paragraph (1), each plan shall 

2 specifically address— 

3 ‘‘(A) the requirements set forth in subpara4 graphs (A) through (F) of subsection (b)(2); 

5 ‘‘(B) a plan for funding needed improvements 

6 in the military and civilian workforce of the Depart7 ment, including— 

8 ‘‘(i) the funding programmed for defense 

9 acquisition workforce improvements, including a 

10 specific identification of funding provided in the 

11 Department of Defense Acquisition Workforce 

12 Fund established under section 1705 of this 

13 title, along with a description of how such fund14 ing is being implemented and whether it is 

15 being fully used; and 

16 ‘‘(ii) a description of any continuing short17 falls in funding available for the acquisition 

18 workforce. 

19 ‘‘(e) SUBMITTALS BY SECRETARIES OF THE MILI20 TARY DEPARTMENTS AND HEADS OF THE DEFENSE

21 AGENCIES.—The Secretary of Defense shall require the 

22 Secretary of each military department and the head of 

23 each Defense Agency to submit a report to the Secretary 

24 addressing each of the matters described in this section. 

25 The Secretary of Defense shall establish a deadline for the 
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1 submittal of reports under this subsection that enables the 

2 Secretary to consider the material submitted in a timely 

3 manner and incorporate such material, as appropriate, 

4 into the strategic workforce plan required by this section. 

5 ‘‘(f) DEFINITIONS.—In this section: 

6 ‘‘(1) The term ‘senior management, functional, 

7 and technical workforce of the Department of De8 fense’ includes the following categories of Depart9 ment of Defense civilian personnel: 

10 ‘‘(A) Appointees in the Senior Executive 

11 Service under section 3131 of title 5. 

12 ‘‘(B) Persons serving in positions described 

13 in section 5376(a) of title 5. 

14 ‘‘(C) Highly qualified experts appointed 

15 pursuant to section 9903 of title 5. 

16 ‘‘(D) Scientists and engineers appointed 

17 pursuant to section 342(b) of the National De18 fense Authorization Act for Fiscal Year 1995 

19 (Public Law 103–337; 108 Stat. 2721), as 

20 amended by section 1114 of the Floyd D. 

21 Spence National Defense Authorization Act for 

22 Fiscal Year 2001 (as enacted into law by Public 

23 Law 106–398 (114 Stat. 1654A–315)). 

24 ‘‘(E) Scientists and engineers appointed 

25 pursuant to section 1101 of the Strom Thur-
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1 mond National Defense Authorization Act for 

2 Fiscal Year 1999 (5 U.S.C. 3104 note). 

3 ‘‘(F) Persons serving in the Defense Intel4 ligence Senior Executive Service under section 

5 1606 of this title. 

6 ‘‘(G) Persons serving in Intelligence Senior 

7 Level positions under section 1607 of this title. 

8 ‘‘(2) The term ‘acquisition workforce’ includes 

9 individuals designated under section 1721 as filling 

10 acquisition positions.’’. 

11 (2) CLERICAL AMENDMENT.—The table of sec12 tions at the beginning of chapter 2 of such title is 

13 amended by inserting after the item relating to sec14 tion 115a the following new item: 

‘‘115b. Annual strategic workforce plan.’’. 

15 (b) COMPTROLLER GENERAL REVIEW.—Not later 

16 than 180 days after the date on which the Secretary of 

17 Defense submits to the congressional defense committees 

18 an annual strategic workforce plan under section 115b of 

19 title 10, United States Code (as added by subsection (a)), 

20 in each of 2009, 2010, 201, and 2012, the Comptroller 

21 General of the United States shall submit to the congres22 sional defense committees a report on the plan so sub23 mitted. 

24 (c) CONFORMING REPEALS.—The following provi25 sions are repealed: 
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1 (1) Section 1122 of the National Defense Au2 thorization Act for Fiscal Year 2006 (Public Law 

3 109–163; 119 Stat. 3452; 10 U.S.C. note prec. 

4 1580). 

5 (2) Section 1102 of the John Warner National 

6 Defense Authorization Act for Fiscal Year 2007 

7 (Public Law 109–364; 120 Stat. 2407). 

8 (3) Section 851 of the National Defense Au9 thorization Act for Fiscal Year 2008 (Public Law 

10 110–181; 122 Stat. 247; 10 U.S.C. note prec. 

11 1580). 

12 SEC. 1109. ADJUSTMENTS TO LIMITATIONS ON PERSONNEL 

13 AND REQUIREMENT FOR ANNUAL MAN14 POWER REPORTING. 

15 (a) AMENDMENTS.—Section 1111 of the Duncan 

16 Hunter National Defense Authorization Act for Fiscal 

17 Year 2009 (Public Law 110–417; 122 Stat. 4619) is 

18 amended— 

19 (1) in paragraph (1) of subsection (b), by strik20 ing ‘‘requirements of—’’ and all that follows through 

21 the end of subparagraph (C) and inserting ‘‘the re22 quirements of section 115b of this title; or’’; 

23 (2) in paragraph (2) of subsection (b), by strik24 ing ‘‘purposes described in paragraphs (1) through 

25 (4) of subsection (c).’’ and inserting the following: 
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1 ‘‘any of the following purposes: 

2 ‘‘(A) Performance of inherently govern3 mental functions. 

4 ‘‘(B) Performance of work pursuant to sec5 tion 2463 of title 10, United States Code. 

6 ‘‘(C) Ability to maintain sufficient organic 

7 expertise and technical capability. 

8 ‘‘(D) Performance of work that, while the 

9 position may not exercise an inherently govern10 mental function, nevertheless should be per11 formed only by officers or employees of the 

12 Federal Government or members of the Armed 

13 Forces because of the critical nature of the 

14 work.’’; and 

15 (3) by striking subsections (c) and (d). 

16 (b) CONSOLIDATED ANNUAL REPORT.— 

17 (1) INCLUSION IN ANNUAL DEFENSE MAN18 POWER REQUIREMENTS REPORT.—Section 115a of 

19 title 10, United States Code, is amended by insert20 ing after subsection (e) the following new subsection: 

21 ‘‘(f) The Secretary shall also include in each such re22 port the following information with respect to personnel 

23 assigned to or supporting major Department of Defense 

24 headquarters activities: 
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1 ‘‘(1) The military end strength and civilian full2 time equivalents assigned to major Department of 

3 Defense headquarters activities for the preceding fis4 cal year and estimates of such numbers for the cur5 rent fiscal year and subsequent fiscal years. 

6 ‘‘(2) A summary of the replacement during the 

7 preceding fiscal year of contract workyears providing 

8 support to major Department of Defense head9 quarters activities with military end strength or ci10 vilian full-time equivalents, including an estimate of 

11 the number of contract workyears associated with 

12 the replacement of contracts performing inherently 

13 governmental or exempt functions. 

14 ‘‘(3) The plan for the continued review of con15 tract personnel supporting major Department of De16 fense headquarters activities for possible conversion 

17 to military or civilian performance in accordance 

18 with section 2463 of this title. 

19 ‘‘(4) The amount of any adjustment in the limi20 tation on personnel made by the Secretary of De21 fense or the Secretary of a military department, and, 

22 for each adjustment made pursuant to section 

23 1111(b)(2) of the Duncan Hunter National Defense 

24 Authorization Act for Fiscal Year 2009 (10 U.S.C. 

25 143 note), the purpose of the adjustment.’’. 
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1 (2) TECHNICAL AMENDMENTS TO REFLECT

2 NAME OF REPORT.— 

3 (A) Subsection (a) of section 115a of such 

4 title is amended by inserting ‘‘defense’’ before 

5 ‘‘manpower requirements report.’’. 

6 (B)(i) The heading of such section is 

7 amended to read as follows: 

8 ‘‘§ 115a. Annual defense manpower requirements re9 port’’. 

10 (ii) The item relating to such section 

11 in the table of sections at the beginning of 

12 chapter 2 of such title is amended to read 

13 as follows: 

‘‘115a. Annual defense manpower requirements report.’’. 

14 (3) CONFORMING REPEAL.—Subsections (b) 

15 and (c) of section 901 of the National Defense Au16 thorization Act for Fiscal Year 2008 (Public Law 

17 110–181; 122 Stat. 272; 10 U.S.C. 221 note) are 

18 repealed. 

19 SEC. 1110. MODIFICATION TO DEPARTMENT OF DEFENSE 

20 LABORATORY PERSONNEL AUTHORITY. 

21 (a) ADDITIONAL SCIENCE AND TECHNOLOGY RE22 INVENTION LABORATORIES.— 

23 (1) DESIGNATION.—Each of the following is 

24 hereby designated as a Department of Defense 

25 science and technology reinvention laboratory (as de-
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1 scribed in section 342(b) of the National Defense 

2 Authorization Act for Fiscal Year 1995 (Public Law 

3 103–337; 108 Stat. 2721): 

4 (A) The Tank and Automotive Research 

5 Development and Engineering Center. 

6 (B) The Armament Research Development 

7 and Engineering Center. 

8 (C) The Naval Air Warfare Center, Weap9 ons Division. 

10 (D) The Naval Air Warfare Center, Air11 craft Division. 

12 (E) The Space and Naval Warfare Sys13 tems Center, Pacific. 

14 (F) The Space and Naval Warfare Sys15 tems Center, Atlantic. 

16 (2) CONVERSION PROCEDURES.—The Secretary 

17 of Defense shall implement procedures to convert 

18 the civilian personnel of each facility identified in 

19 paragraph (1) from their current personnel system 

20 to the personnel system under an appropriate dem21 onstration project (as referred to in such section 

22 342(b)). Any conversion under this paragraph— 

23 (A) shall not adversely affect any employee 

24 with respect to pay or any other term or condi25 tion of employment; 
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1 (B) shall be consistent with the terms of 

2 any collective bargaining agreement which 

3 might apply; and 

4 (C) shall be completed within 18 months 

5 after the date of the enactment of this Act. 

6 (b) EXCLUSION FROM NATIONAL SECURITY PER7 SONNEL SYSTEM.— 

8 (1) IN GENERAL.—Section 9902(c)(2) of title 5, 

9 United States Code, is amended— 

10 (A) in subparagraph (I), by striking ‘‘and’’ 

11 after the semicolon; 

12 (B) in subparagraph (J), by striking the 

13 period and inserting ‘‘; and’’; and 

14 (C) by adding after subparagraph (J) the 

15 following: 

16 ‘‘(K) the Tank and Automotive Research 

17 Development and Engineering Center; 

18 ‘‘(L) the Armament Research Development 

19 and Engineering Center; 

20 ‘‘(M) the Naval Air Warfare Center, 

21 Weapons Division; 

22 ‘‘(N) the Naval Air Warfare Center, Air23 craft Division; 

24 ‘‘(O) the Space and Naval Warfare Sys25 tems Center, Pacific; and 
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1 ‘‘(P) the Space and Naval Warfare Sys2 tems Center, Atlantic.’’. 

3 (2) EXTENSION OF PERIOD OF EXCLUSION.— 

4 Section 9902(c)(1) of title 5, United States Code, is 

5 amended by striking ‘‘2011’’ each place it appears 

6 and inserting ‘‘2014’’. 

7 SEC. 1111. PILOT PROGRAM FOR THE TEMPORARY EX8 CHANGE OF INFORMATION TECHNOLOGY 

9 PERSONNEL. 

10 (a) ASSIGNMENT AUTHORITY.—The Secretary of De11 fense may, with the agreement of the private sector orga12 nization concerned, arrange for the temporary assignment 

13 of an employee to such private sector organization, or from 

14 such private sector organization to a Department of De15 fense organization under this section. An employee shall 

16 be eligible for such an assignment only if— 

17 (1) the employee— 

18 (A) works in the field of information tech19 nology management; 

20 (B) is considered to be an exceptional em21 ployee; 

22 (C) is expected to assume increased infor23 mation technology management responsibilities 

24 in the future; and 
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1 (D) is compensated at not less than the 

2 GS–11 level (or the equivalent); and 

3 (2) the proposed assignment meets applicable 

4 requirements of section 209(b) of the E-Government 

5 Act of 2002 (44 U.S.C. 3501 note). 

6 (b) AGREEMENTS.—The Secretary of Defense shall 

7 provide for a written agreement between the Department 

8 of Defense and the employee concerned regarding the 

9 terms and conditions of the employee’s assignment under 

10 this section. The agreement— 

11 (1) shall require that Department of Defense 

12 employees, upon completion of the assignment, will 

13 serve in the civil service for a period equal to the 

14 length of the assignment; and 

15 (2) shall provide that if the Department of De16 fense or private sector employee fails to carry out 

17 the agreement, such employee shall be liable to the 

18 United States for payment of all expenses of the as19 signment, unless that failure was for good and suffi20 cient reason (as determined by the Secretary of De21 fense). 

22 An amount for which an employee is liable under para23 graph (2) shall be treated as a debt due the United States. 

24 (c) TERMINATION.—An assignment under this sec25 tion may, at any time and for any reason, be terminated 
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1 by the Department of Defense or the private sector organi2 zation concerned. 

3 (d) DURATION.—An assignment under this section 

4 shall be for a period of not less than 3 months and not 

5 more than 1 year, and may be extended in 3-month incre6 ments for a total of not more than 1 additional year; how7 ever, no assignment under this section may commence 

8 after September 30, 2013. 

9 (e) CONSIDERATIONS.—In carrying out this section, 

10 the Secretary of Defense— 

11 (1) shall ensure that, of the assignments made 

12 under this section each year, at least 20 percent are 

13 from small business concerns (as defined by section 

14 3703(e)(2)(A) of title 5, United States Code); and 

15 (2) shall take into consideration the question of 

16 how assignments under this section might best be 

17 used to help meet the needs of the Department of 

18 Defense with respect to the training of employees in 

19 information technology management. 

20 (f) NUMERICAL LIMITATION.—In no event may more 

21 than 10 employees be participating in assignments under 

22 this section as of any given time. 

23 (g) REPORTING REQUIREMENT.—For each of fiscal 

24 years 2010 through 2015, the Secretary of Defense shall 

25 submit to the congressional defense committees, not later 
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1 than 1 month after the end of the fiscal year involved, 

2 a report on any activities carried out under this section 

3 during such fiscal year, including information con4 cerning— 

5 (1) the respective organizations (as referred to 

6 in subsection (a)) to and from which any employee 

7 was assigned under this section; 

8 (2) the positions those employees held while 

9 they were so assigned; and 

10 (3) a description of the tasks they performed 

11 while they were so assigned. 

12 (h) REPEAL OF SUPERSEDED SECTION.—Section 

13 1109 of the National Defense Authorization Act for Fiscal 

14 Year 2008 (Public Law 110–181; 122 Stat. 358) is re15 pealed, except that— 

16 (1) nothing in this subsection shall, in the case 

17 of any assignment commencing under such section 

18 1109 on or before the date of the enactment of this 

19 Act, affect— 

20 (A) the duration of such assignment or the 

21 authority to extend such assignment in accord22 ance with subsection (d) of such section 1109, 

23 as last in effect; or 

24 (B) the terms or conditions of the agree25 ment governing such assignment, including with 
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1 respect to any service obligation under sub2 section (b) thereof; and 

3 (2) any employee whose assignment is allowed 

4 to continue by virtue of paragraph (1) shall be taken 

5 into account for purposes of— 

6 (A) the numerical limitation under sub7 section (f); and 

8 (B) the reporting requirement under sub9 section (g). 

10 SEC. 1112. PROVISIONS RELATING TO THE NATIONAL SECU11 RITY PERSONNEL SYSTEM. 

12 (a) DEFINITIONS.—For purposes of this section— 

13 (1) the term ‘‘National Security Personnel Sys14 tem’’ or ‘‘NSPS’’ refers to a human resources man15 agement system established under authority of chap16 ter 99 of title 5, United States Code; and 

17 (2) the term ‘‘statutory pay sytem’’ means a 

18 pay system under— 

19 (A) subchapter III of chapter 53 of title 5, 

20 United States Code (relating to General Sched21 ule pay rates); 

22 (B) subchapter IV of chapter 53 of title 5, 

23 United States Code (relating to prevailing rate 

24 systems); or 
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1 (C) such other provisions of law as would 

2 apply if chapter 99 of title 5, United States 

3 Code, had never been enacted. 

4 (b) REQUIREMENT THAT ALL APPOINTMENTS MADE

5 AFTER JUNE 16, 2009, BE SUBJECT TO THE APPRO6 PRIATE STATUTORY PAY SYSTEM AND NOT NSPS.—Not7 withstanding any other provision of law— 

8 (1) the National Security Personnel System— 

9 (A) shall not apply to any individual who 

10 is not subject to such System as of June 16, 

11 2009; and 

12 (B) shall not apply to any position which 

13 is not subject to such System as of June 16, 

14 2009; and 

15 (2) any individual who, after June 16, 2009, is 

16 appointed to any position within the Department of 

17 Defense shall accordingly be subject to the statutory 

18 pay system and all other aspects of the personnel 

19 system which would otherwise apply (with respect to 

20 the individual or position involved) if the National 

21 Security Personnel System had never been estab22 lished. 

23 (c) TERMINATION OF NSPS AND CONVERSION OF

24 ANY EMPLOYEES AND POSITIONS REMAINING SUBJECT

25 TO NSPS.— 
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1 (1) IN GENERAL.—The Secretary of Defense 

2 shall take all actions which may be necessary to pro3 vide, within 12 months after the date of enactment 

4 of this Act, for the termination of the National Se5 curity Personnel System and for the conversion of 

6 any employees and positions which, as of such date 

7 of enactment, remain subject to such System, to— 

8 (A) the statutory pay system and all other 

9 aspects of the personnel system that last ap10 plied to such employee or position (as the case 

11 may be) before the National Security Personnel 

12 System applied; or 

13 (B) if subparagraph (A) does not apply, 

14 the statutory pay system and all other aspects 

15 of the personnel system that would have applied 

16 if the National Security Personnel System had 

17 never been established. 

18 No employee shall suffer any loss of or decrease in 

19 pay because of the preceding sentence. 

20 (2) REPORT.—If the Secretary of Defense is of 

21 the view that the National Security Personnel Sys22 tem should not be terminated in accordance with 

23 paragraph (1), the Secretary shall submit to the 

24 President and both Houses of Congress as soon as 

25 practicable, but in no event later than 6 months 
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1 after the date of the enactment of this Act, a written 

2 report setting forth a statement of the Secretary’s 

3 views and the reasons therefor. Such report shall 

4 specifically include— 

5 (A) the Secretary’s opinion as to whether 

6 the System should be continued with or without 

7 changes; and 

8 (B) if, in the opinion of the Secretary, the 

9 System should be continued with changes— 

10 (i) a detailed description of the pro11 posed changes; and 

12 (ii) a description of any administrative 

13 action or legislation which may be nec14 essary. 

15 (d) RESTORATION OF FULL ANNUAL PAY ADJUST16 MENTS UNDER NSPS PENDING ITS TERMINATION.—Sec17 tion 9902(e)(7) of title 5, United States Code, is amended 

18 by striking ‘‘no less than 60 percent’’ and all that follows 

19 and inserting ‘‘the full amount of such adjustment.’’. 

20 SEC. 1113. PROVISIONS RELATING TO THE DEFENSE CIVIL21 IAN INTELLIGENCE PERSONNEL SYSTEM. 

22 (a) DEFINITIONS.—For purposes of this section— 

23 (1) the term ‘‘covered position’’ means a de24 fense intelligence position in the Department of De25 fense established under chapter 83 of title 10, 
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1 United States Code, excluding an Intelligence Senior 

2 Level position designated under section 1607 of such 

3 title and any position in the Defense Intelligence 

4 Senior Executive Service; 

5 (2) the term ‘‘DCIPS pay system’’, as used 

6 with respect to a covered position, means the provi7 sions of the Defense Civilian Intelligence Personnel 

8 System under which the rate of salary or basic pay 

9 for such position is determined, excluding any provi10 sions relating to bonuses, awards, or any other 

11 amounts not in the nature of salary or basic pay; 

12 (3) the term ‘‘Defense Civilian Intelligence Per13 sonnel System’’ means the personnel system estab14 lished under chapter 83 of title 10, United States 

15 Code; and 

16 (4) the term ‘‘appropriate pay system’’, as used 

17 with respect to a covered position, means— 

18 (A) the system under which, as of Sep19 tember 30, 2007, the rate of salary or basic pay 

20 for such position was determined; or 

21 (B) if subparagraph (A) does not apply, 

22 the system under which, as of September 30, 

23 2007, the rate of salary or basic pay was deter24 mined for the positions within the Department 

25 of Defense most similar to the position involved, 
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1 excluding any provisions relating to bonuses, awards, 

2 or any other amounts which are not in the nature 

3 of salary or basic pay. 

4 (b) REQUIREMENT THAT APPOINTMENTS TO COV5 ERED POSITIONS AFTER JUNE 16, 2009, BE SUBJECT TO

6 THE APPROPRIATE PAY SYSTEM.—Notwithstanding any 

7 other provision of law— 

8 (1) the DCIPS pay system— 

9 (A) shall not apply to any individual hold10 ing a covered position who is not subject to 

11 such system as of June 16, 2009; and 

12 (B) shall not apply to any covered position 

13 which is not subject to such system as of June 

14 16, 2009; and 

15 (2) any individual who, after June 16, 2009, is 

16 appointed to a covered position shall accordingly be 

17 subject to the appropriate pay system. 

18 (c) TERMINATION OF DCIPS PAY SYSTEM FOR COV19 ERED POSITIONS AND CONVERSION OF EMPLOYEES

20 HOLDING COVERED POSITIONS TO THE APPROPRIATE

21 PAY SYSTEM.— 

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

23 shall take all actions which may be necessary to pro24 vide, within 12 months after the date of enactment 

25 of this Act, for the termination of the DCIPS pay 
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1 system with respect to covered positions and for the 

2 conversion of any employees holding any covered po3 sitions which, as of such date of enactment, remain 

4 subject to the DCIPS pay system, to the appropriate 

5 pay system. No employee shall suffer any loss of or 

6 decrease in pay because of the preceding sentence. 

7 (2) REPORT.—If the Secretary of Defense is of 

8 the view that the DCIPS pay system should not be 

9 terminated with respect to covered positions, as re10 quired by paragraph (1), the Secretary shall submit 

11 to the President and both Houses of Congress as 

12 soon as practicable, but in no event later than 6 

13 months after the date of the enactment of this Act, 

14 a written report setting forth a statement of the 

15 Secretary’s views and the reasons therefor. Such re16 port shall specifically include— 

17 (A) the Secretary’s opinion as to whether 

18 the DCIPS pay system should be continued, 

19 with or without changes, with respect to covered 

20 positions; and 

21 (B) if, in the opinion of the Secretary, the 

22 DCIPS pay system should be continued with re23 spect to covered positions, with changes— 

24 (i) a detailed description of the pro25 posed changes; and 
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1 (ii) a description of any administrative 

2 action or legislation which may be nec3 essary. 

4 The requirements of this paragraph shall be carried 

5 out by the Secretary of Defense in conjunction with 

6 the Director of the Office of Personnel Management. 

7 (d) RULE OF CONSTRUCTION.—Nothing in this sec8 tion shall be considered to affect— 

9 (1) the provisions of the Defense Civilian Intel10 ligence Personnel System governing aspects of com11 pensation apart from salary or basic pay; or 

12 (2) the application of such provisions with re13 spect to a covered position or any individual holding 

14 a covered position, including after June 16, 2009. 

15 SEC. 1114. SENSE OF CONGRESS ON PAY PARITY FOR FED16 ERAL EMPLOYEES SERVICE AT JOINT BASE 

17 MCGUIRE/DIX/LAKEHURST. 

18 It is the sense of Congress that for the purposes of 

19 determining any pay for an employee serving at Joint 

20 Base McGuire/Dix/Lakehurst— 

21 (1) the pay schedules and rates to be used shall 

22 be the same as if such employee were serving in the 

23 pay locality, wage area, or other area of locality 

24 (whichever would apply to determine pay for the em-
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1 ployees involved) that includes Ocean County, New 

2 Jersey; and 

3 (2) the Office of Personnel Management should 

4 develop regulations to ensure pay parity for employ5 ees serving at Joint Bases. 

6 TITLE XII—MATTERS RELATING 

7 TO FOREIGN NATIONS 

Subtitle A—Assistance and Training 

Sec. 1201. Modification and extension of authority for security and stabilization 

assistance. 

Sec. 1202. Increase of authority for support of special operations to combat terrorism. 

Sec. 1203. Modification of report on foreign-assistance related programs carried 

out by the Department of Defense. 

Sec. 1204. Report on authorities to build the capacity of foreign military forces 

and related matters. 

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

Sec. 1211. Limitation on availability of funds for certain purposes relating to 

Iraq. 

Sec. 1212. Reauthorization of Commanders’ Emergency Response Program. 

Sec. 1213. Reimbursement of certain Coalition nations for support provided to 

United States military operations. 

Sec. 1214. Pakistan Counterinsurgency Fund. 

Sec. 1215. Program to provide for the registration and end-use monitoring of 

defense articles and defense services transferred to Afghanistan 

and Pakistan. 

Sec. 1216. Reports on campaign plans for Iraq and Afghanistan. 

Sec. 1217. Required assessments of United States efforts in Afghanistan. 

Sec. 1218. Report on responsible redeployment of United States Armed Forces 

from Iraq. 

Sec. 1219. Report on Afghan Public Protection Program. 

Sec. 1220. Updates of report on command and control structure for military 

forces operating in Afghanistan. 

Sec. 1221. Report on payments made by United States Armed Forces to residents of Afghanistan as compensation for losses caused by 

United States military operations. 

Sec. 1222. Assessment and report on United States-Pakistan military relations 

and cooperation. 

Sec. 1223. Required assessments of progress toward security and stability in 

Pakistan. 

Sec. 1224. Repeal of GAO war-related reporting requirement. 

Sec. 1225. Plan to govern the disposition of specified defense items in Iraq. 

Sec. 1226. Civilian ministry of defense advisor program. 
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Sec. 1227. Report on the status of interagency coordination in the Afghanistan 

and Operation Enduring Freedom theater of operations. 

Sec. 1228. Sense of Congress supporting United States policy for Afghanistan. 

Sec. 1229. Analysis of required force levels and types of forces needed to secure 

southern and eastern regions of Afghanistan. 

Sec. 1230. Modification of report on progress toward security and stability in 

Afghanistan. 

Sec. 1230A. No permanent military bases in Afghanistan. 

Subtitle C—Other Matters 

Sec. 1231. NATO Special Operations Coordination Center. 

Sec. 1232. Annual report on military power of the Islamic Republic of Iran. 

Sec. 1233. Annual report on military and security developments involving the 

People’s Republic of China. 

Sec. 1234. Report on impacts of drawdown authorities on the Department of 

Defense. 

Sec. 1235. Risk assessment of United States space export control policy. 

Sec. 1236. Patriot air and missile defense battery in Poland. 

Sec. 1237. Report on potential foreign military sales of the F–22A fighter aircraft to Japan. 

Sec. 1238. Expansion of United States-Russian Federation joint center to include exchange of data on missile defense. 

Sec. 1239. Limitation on funds to implement reductions in the strategic nuclear 

forces of the United States pursuant to any treaty or other 

agreement with the Russian Federation. 

Sec. 1240. Map of mineral-rich zones and areas under the control of armed 

groups in Democratic Republic of the Congo. 

Sec. 1241. Sense of Congress relating to the State of Israel. 

1 Subtitle A—Assistance and 

2 Training 

3 SEC. 1201. MODIFICATION AND EXTENSION OF AUTHORITY 

4 FOR SECURITY AND STABILIZATION ASSIST5 ANCE. 

6 (a) MODIFICATION.—Subsection (b) of section 1207 

7 of the National Defense Authorization Act for Fiscal Year 

8 2006 (Public Law 109–163; 119 Stat. 3458), as amended 

9 by section 1207(b) of the Duncan Hunter National De10 fense Authorization Act for Fiscal Year 2009 (Public Law 

11 110–417; 122 Stat. 4626), is further amended— 
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1 (1) by striking ‘‘(b) LIMITATION.—’’ and all 

2 that follows through ‘‘the aggregate value’’ and in3 serting ‘‘(b) LIMITATION.—The aggregate value’’; 

4 (2) by striking ‘‘$100,000,000’’ and inserting 

5 ‘‘$25,000,000’’; and 

6 (3) by striking paragraph (2). 

7 (b) EXTENSION OF AUTHORITY.—Subsection (g) of 

8 such section, as most recently amended by section 1207(c) 

9 of the Duncan Hunter National Defense Authorization 

10 Act for Fiscal Year 2009 (Public Law 110–417; 122 Stat. 

11 4626), is further amended by striking ‘‘September 30, 

12 2009’’ and inserting ‘‘September 30, 2010’’. 

13 (c) EFFECTIVE DATE.—The amendments made by 

14 this section shall take effect on October 1, 2009. 

15 SEC. 1202. INCREASE OF AUTHORITY FOR SUPPORT OF 

16 SPECIAL OPERATIONS TO COMBAT TER17 RORISM. 

18 Section 1208(a) of the Ronald W. Reagan National 

19 Defense Authorization Act for Fiscal Year 2005 (Public 

20 Law 108–375; 118 Stat. 2086), as amended by section 

21 1208(a) of the Duncan Hunter National Defense Author22 ization Act for Fiscal Year 2009 (Public Law 110–417; 

23 122 Stat. 4626), is further amended by striking 

24 ‘‘$35,000,000’’ and inserting ‘‘$50,000,000’’. 
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1 SEC. 1203. MODIFICATION OF REPORT ON FOREIGN-ASSIST2 ANCE RELATED PROGRAMS CARRIED OUT BY 

3 THE DEPARTMENT OF DEFENSE. 

4 (a) AMENDMENT.—Section 1209 of the National De5 fense Authorization Act for Fiscal Year 2008 (Public Law 

6 110–181; 122 Stat. 368) is amended— 

7 (1) in subsection (a), by striking ‘‘180 days 

8 after the date of the enactment of this Act’’ and in9 serting ‘‘February 1 of each year’’; and 

10 (2) in subsection (b)(1)— 

11 (A) in subparagraph (G), by striking 

12 ‘‘and’’ at the end; and 

13 (B) by adding at the end the following new 

14 subparagraph: 

15 ‘‘(I) subsection (b)(6) of section 166a of 

16 title 10, United States Code; and’’. 

17 (b) REPORT FOR FISCAL YEARS 2008 AND 2009.— 

18 The report required to be submitted not later than Feb19 ruary 1, 2010, under section 1209(a) of the National De20 fense Authorization Act for Fiscal Year 2008, as amended 

21 by subsection (a), shall include information required under 

22 such section with respect to fiscal years 2008 and 2009. 
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1 SEC. 1204. REPORT ON AUTHORITIES TO BUILD THE CA2 PACITY OF FOREIGN MILITARY FORCES AND 

3 RELATED MATTERS. 

4 (a) REPORT REQUIRED.—Not later than March 1, 

5 2010, the President shall transmit to the congressional 

6 committees specified in subsection (b) a report on the fol7 lowing: 

8 (1) The relationship between authorities of the 

9 Department of Defense to conduct security coopera10 tion programs to train and equip, or otherwise build 

11 the capacity of, foreign military forces and security 

12 assistance authorities of the Department of State 

13 and other foreign assistance agencies to provide as14 sistance to train and equip, or otherwise build the 

15 capacity of, foreign military forces, including the dis16 tinction, if any, between the purposes of such au17 thorities, the processes to generate requirements to 

18 satisfy the purposes of such authorities, and the con19 tribution such authorities make to the core missions 

20 of each such department and agency. 

21 (2) The strengths and weaknesses of the For22 eign Assistance Act of 1961 (22 U.S.C. 2151 et 

23 seq.), the Arms Export Control Act (22 U.S.C. 2171 

24 et seq.), title 10, United States Code, and any other 

25 provision of law relating to training and equipping, 

26 or otherwise building the capacity of, foreign mili-
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1 tary forces, including to conduct counterterrorist op2 erations or participate in or support military and 

3 stability operations in which the United State Armed 

4 Forces are a participant. 

5 (3) The changes, if any, that should be made 

6 to the provisions of law described in paragraph (2) 

7 that would improve the ability of the United States 

8 Government to train and equip, or otherwise build 

9 the capacity of, foreign military forces, including to 

10 conduct counterterrorist operations or participate in 

11 or support military and stability operations in which 

12 the United State Armed Forces are a participant. 

13 (4) The organizational and procedural changes, 

14 if any, that should be made in the Department of 

15 Defense and the Department of State and other for16 eign assistance agencies to improve the ability of 

17 such departments and agencies to conduct programs 

18 to train and equip, or otherwise build the capacity 

19 of, foreign military forces, including to conduct 

20 counterterrorist operations or participate in or sup21 port military and stability operations in which the 

22 United State Armed Forces are a participant. 

23 (5) The resources and funding mechanisms re24 quired to ensure adequate funding for such pro25 grams. 
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1 (b) SPECIFIED CONGRESSIONAL COMMITTEES.—The 

2 congressional committees specified in this subsection are 

3 the following: 

4 (1) The Committee on Armed Services, the 

5 Committee on Foreign Affairs, and the Committee 

6 on Appropriations of the House of Representatives. 

7 (2) The Committee on Armed Services, the 

8 Committee on Foreign Relations, and the Committee 

9 on Appropriations of the Senate. 

10 Subtitle B—Matters Relating to 

11 Iraq, Afghanistan, and Pakistan 

12 SEC. 1211. LIMITATION ON AVAILABILITY OF FUNDS FOR 

13 CERTAIN PURPOSES RELATING TO IRAQ. 

14 No funds appropriated pursuant to an authorization 

15 of appropriations in this Act may be obligated or expended 

16 for a purpose as follows: 

17 (1) To establish any military installation or 

18 base for the purpose of providing for the permanent 

19 stationing of United States Armed Forces in Iraq. 

20 (2) To exercise United States control of the oil 

21 resources of Iraq. 

22 SEC. 1212. REAUTHORIZATION OF COMMANDERS’ EMER23 GENCY RESPONSE PROGRAM. 

24 (a) AUTHORITY FOR FISCAL YEAR 2010.—Sub25 section (a) of section 1202 of the National Defense Au-
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1 thorization Act for Fiscal Year 2006 (Public Law 109– 

2 163; 119 Stat. 3455), as most recently amended by sec3 tion 1214 of the Duncan Hunter National Defense Au4 thorization Act for Fiscal Year 2009 (Public Law 110– 

5 417; 122 Stat. 4360), is further amended— 

6 (1) in the heading, by striking ‘‘FISCAL YEARS

7 2008 AND 2009’’ and inserting ‘‘FISCAL YEAR

8 2010’’; and 

9 (2) in the matter preceding paragraph (1)— 

10 (A) by striking ‘‘each of fiscal years 2008 

11 and 2009’’ and inserting ‘‘fiscal year 2010’’; 

12 and 

13 (B) by striking ‘‘$1,700,000,000 in fiscal 

14 year 2008 and $1,500,000,000 in fiscal year 

15 2009’’ and inserting ‘‘$1,300,000,000 in fiscal 

16 year 2010’’. 

17 (b) QUARTERLY REPORTS.—Subsection (b) of such 

18 section is amended by striking ‘‘fiscal years 2008 and 

19 2009’’ and inserting ‘‘fiscal year 2010’’. 

20 SEC. 1213. REIMBURSEMENT OF CERTAIN COALITION NA21 TIONS FOR SUPPORT PROVIDED TO UNITED 

22 STATES MILITARY OPERATIONS. 

23 (a) AUTHORITY.—From funds made available for the 

24 Department of Defense by section 1510 for operation and 

25 maintenance, Defense-wide activities, the Secretary of De-
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1 fense may reimburse any key cooperating nation for 

2 logistical and military support provided by that nation to 

3 or in connection with United States military operations 

4 in Operation Iraqi Freedom or Operation Enduring Free5 dom. 

6 (b) AMOUNTS OF REIMBURSEMENT.—Reimburse7 ment authorized by subsection (a) may be made in such 

8 amounts as the Secretary of Defense, with the concurrence 

9 of the Secretary of State and in consultation with the Di10 rector of the Office of Management and Budget, may de11 termine, based on documentation determined by the Sec12 retary of Defense to adequately account for the support 

13 provided. 

14 (c) LIMITATIONS.— 

15 (1) LIMITATION ON AMOUNT.—The total 

16 amount of reimbursements made under the authority 

17 in subsection (a) during fiscal year 2010 may not 

18 exceed $1,600,000,000. 

19 (2) PROHIBITION ON CONTRACTUAL OBLIGA20 TIONS TO MAKE PAYMENTS.—The Secretary of De21 fense may not enter into any contractual obligation 

22 to make a reimbursement under the authority in 

23 subsection (a). 

24 (d) NOTICE TO CONGRESS.—The Secretary of De25 fense shall notify the appropriate congressional commit-
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1 tees not less than 15 days before making any reimburse2 ment under the authority in subsection (a). In the case 

3 of any reimbursement to Pakistan under the authority in 

4 subsection (a), such notification shall be made in accord5 ance with the notification requirements under section 

6 1232(b) of the National Defense Authorization Act for 

7 Fiscal Year 2008 (Public Law 110–181; 122 Stat. 392). 

8 (e) QUARTERLY REPORTS.—The Secretary of De9 fense shall submit to the appropriate congressional com10 mittees on a quarterly basis a report on any reimburse11 ments made under the authority in subsection (a) during 

12 such quarter. 

13 (f) EXTENSION OF NOTIFICATION REQUIREMENT

14 RELATING TO DEPARTMENT OF DEFENSE COALITION

15 SUPPORT FUNDS FOR PAKISTAN.—Section 1232(b)(6) of 

16 the National Defense Authorization Act for Fiscal Year 

17 2008 (Public Law 110–181; 122 Stat. 393), as amended 

18 by section 1217(d) of the Duncan Hunter National De19 fense Authorization Act for Fiscal Year 2009 (Public Law 

20 110–417; 122 Stat. 4635), is further amended by striking 

21 ‘‘September 30, 2010’’ and inserting ‘‘September 30, 

22 2011’’. 

23 (g) APPROPRIATE CONGRESSIONAL COMMITTEES

24 DEFINED.—In this section, the term ‘‘appropriate con25 gressional committees’’ means— 
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1 (1) the Committee on Armed Services, the 

2 Committee on Foreign Affairs, and the Committee 

3 on Appropriations of the House of Representatives; 

4 and 

5 (2) the Committee on Armed Services, the 

6 Committee on Foreign Relations, and the Committee 

7 on Appropriations of the Senate. 

8 SEC. 1214. PAKISTAN COUNTERINSURGENCY FUND. 

9 (a) AMOUNTS IN FUND.—The Pakistan Counter10 insurgency Fund (in this section referred to as the 

11 ‘‘Fund’’) shall consist of the following: 

12 (1) Amounts appropriated to the Fund for fis13 cal year 2009. 

14 (2) Amounts transferred to the Fund pursuant 

15 to subsection (d). 

16 (b) USE OF FUNDS.— 

17 (1) IN GENERAL.—Amounts in the Fund shall 

18 be made available to the Secretary of Defense, with 

19 the concurrence of the Secretary of State, to provide 

20 assistance to the security forces of Pakistan (includ21 ing program management and the provision of 

22 equipment, supplies, services, training, facility and 

23 infrastructure repair, renovation, and construction) 

24 to improve the counterinsurgency capability of Paki25 stan’s security forces (including Pakistan’s military, 
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1 Frontier Corps, and other security forces), and of 

2 which not more than $2,000,000 may be made avail3 able to provide humanitarian assistance to the peo4 ple of Pakistan only as part of civil-military training 

5 exercises for Pakistan’s security forces receiving as6 sistance under the Fund. 

7 (2) RELATION TO OTHER AUTHORITIES.—Ex8 cept as otherwise provided in section 1215 of this 

9 Act (relating to the program to provide for the reg10 istration and end-use monitoring of defense articles 

11 and defense services transferred to Afghanistan and 

12 Pakistan), amounts in the Fund are authorized to 

13 be made available notwithstanding any other provi14 sion of law. The authority to provide assistance 

15 under this subsection is in addition to any other au16 thority to provide assistance to foreign countries. 

17 (c) TRANSFERS FROM FUND.— 

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

19 may transfer such amounts as the Secretary deter20 mines to be appropriate from the Fund— 

21 (A) to any account available to the Depart22 ment of Defense, or 

23 (B) with the concurrence of the Secretary 

24 of State and head of the relevant Federal de-
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1 partment or agency, to any other non-intel2 ligence related Federal account, 

3 for purposes consistent with this section. 

4 (2) TREATMENT OF TRANSFERRED FUNDS.— 

5 Amounts transferred to an account under the au6 thority of paragraph (1) shall be merged with 

7 amounts in such account and shall be made available 

8 for the same purposes, and subject to the same con9 ditions and limitations, as amounts in such account. 

10 (3) TRANSFERS BACK TO FUND.—Upon a de11 termination by the Secretary of Defense with respect 

12 to funds transferred under paragraph (1)(A), or the 

13 head of the other Federal department or agency with 

14 the concurrence of the Secretary of State with re15 spect to funds transferred under paragraph (1)(B), 

16 that all or part of amounts transferred from the 

17 Fund under paragraph (1) are not necessary for the 

18 purpose provided, such amounts may be transferred 

19 back to the Fund and shall be made available for the 

20 same purposes, and subject to the same conditions 

21 and limitations, as originally applicable under sub22 section (b). 

23 (d) TRANSFERS TO FUND.— 

24 (1) IN GENERAL.—The Fund may include 

25 amounts transferred by the Secretary of State, with 
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1 the concurrence of the Secretary of Defense, under 

2 any authority of the Secretary of State to transfer 

3 funds under any provision of law. 

4 (2) TREATMENT OF TRANSFERRED FUNDS.— 

5 Amounts transferred to the Fund under the author6 ity of paragraph (1) shall be merged with amounts 

7 in the Fund and shall be made available for the 

8 same purposes, and subject to the same conditions 

9 and limitations, as amounts in the Fund. 

10 (e) CONGRESSIONAL NOTIFICATION.— 

11 (1) IN GENERAL.—Amounts in the Fund may 

12 not be obligated or transferred from the Fund under 

13 this section until 15 days after the date on which 

14 the Secretary of Defense notifies the appropriate 

15 congressional committees in writing of the details of 

16 the proposed obligation or transfer. 

17 (2) APPROPRIATE CONGRESSIONAL COMMIT18 TEES DEFINED.—In this subsection, the term ‘‘ap19 propriate congressional committees’’ means— 

20 (A) the Committee on Armed Services, the 

21 Committee on Foreign Affairs, and the Com22 mittee on Appropriations of the House of Rep23 resentatives; and 
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1 (B) the Committee on Armed Services, the 

2 Committee on Foreign Relations, and the Com3 mittee on Appropriations of the Senate. 

4 (f) SUNSET.— 

5 (1) IN GENERAL.—Except as provided in para6 graph (2), the authority provided under this section 

7 terminates at the close of September 30, 2010. 

8 (2) EXCEPTION.—Any program supported from 

9 amounts in the Fund established before the close of 

10 September 30, 2010, may be completed after that 

11 date but only using amounts appropriated or trans12 ferred to the Fund on or before that date. 

13 SEC. 1215. PROGRAM TO PROVIDE FOR THE REGISTRATION 

14 AND END-USE MONITORING OF DEFENSE AR15 TICLES AND DEFENSE SERVICES TRANS16 FERRED TO AFGHANISTAN AND PAKISTAN. 

17 (a) PROGRAM REQUIRED.— 

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

19 shall establish and carry out a program to provide 

20 for the registration and end-use monitoring of de21 fense articles and defense services transferred to Af22 ghanistan and Pakistan in accordance with the re23 quirements under subsection (b) and to prohibit the 

24 retransfer of such defense articles and defense serv25 ices without the consent of the United States. The 
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1 program required under this subsection shall be lim2 ited to the transfer of defense articles and defense 

3 services— 

4 (A) pursuant to authorities other than the 

5 Arms Export Control Act or the Foreign Assist6 ance Act of 1961; and 

7 (B) using funds made available to the De8 partment of Defense, including funds available 

9 pursuant to the Pakistan Counterinsurgency 

10 Fund. 

11 (2) PROHIBITION.—No defense articles or de12 fense services that would be subject to the program 

13 required under this subsection may be transferred 

14 to— 

15 (A) the Government of Afghanistan or any 

16 other group, organization, citizen, or resident of 

17 Afghanistan, or 

18 (B) the Government of Pakistan or any 

19 other group, organization, citizen, or resident of 

20 Pakistan, 

21 until the Secretary of Defense certifies to the speci22 fied congressional committees that the program re23 quired under this subsection has been established. 

24 (b) REGISTRATION AND END-USE MONITORING RE25 QUIREMENTS.—The registration and end-use monitoring 
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1 requirements under this subsection shall include the fol2 lowing: 

3 (1) A detailed record of the origin, shipping, 

4 and distribution of defense articles and defense serv5 ices transferred to— 

6 (A) the Government of Afghanistan and 

7 other groups, organizations, citizens, and resi8 dents of Afghanistan; and 

9 (B) the Government of Pakistan and other 

10 groups, organizations, citizens, and residents of 

11 Pakistan. 

12 (2) A program of end-use monitoring of lethal 

13 defense articles and defense services transferred to 

14 the entities and individuals described in subpara15 graphs (A) and (B) of paragraph (1). 

16 (c) REVIEW; EXEMPTION.— 

17 (1) REVIEW.—The Secretary of Defense shall 

18 periodically review the defense articles and defense 

19 services subject to the registration and end-use mon20 itoring requirements under subsection (b) to deter21 mine which defense articles and defense services, if 

22 any, should no longer be subject to such registration 

23 and monitoring requirements. The Secretary of De24 fense shall submit to the specified congressional 
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1 committees the results of each review conducted 

2 under this paragraph. 

3 (2) EXEMPTION.—The Secretary of Defense 

4 may exempt a defense article or defense service from 

5 the registration and end-use monitoring require6 ments under subsection (b) beginning on the date 

7 that is 30 days after the date on which the Sec8 retary provides notice of the proposed exemption to 

9 the specified congressional committees. Such notice 

10 shall describe any controls to be imposed on such de11 fense article or defense service, as the case may be, 

12 under any other provision of law. 

13 (d) DEFINITIONS.—In this section: 

14 (1) DEFENSE ARTICLE.—The term ‘‘defense ar15 ticle’’— 

16 (A) includes— 

17 (i) any weapon, including a small arm 

18 (as defined in paragraph (3)), weapons 

19 system, munition, aircraft, vessel, boat or 

20 other implement of war; 

21 (ii) any property, installation, com22 modity, material, equipment, supply, or 

23 goods used for the purposes of furnishing 

24 military assistance; 
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1 (iii) any machinery, facility, tool, ma2 terial supply, or other item necessary for 

3 the manufacture, production, processing 

4 repair, servicing, storage, construction, 

5 transportation, operation, or use of any ar6 ticle listed in this paragraph; or 

7 (iv) any component or part of any ar8 ticle listed in this paragraph; but 

9 (B) does not include merchant vessels or, 

10 as defined by the Atomic Energy Act of 1954 

11 (42 U.S.C. 2011 et seq.), source material (ex12 cept uranium depleted in the isotope 235 which 

13 is incorporated in defense articles solely to take 

14 advantage of high density or pyrophoric charac15 teristics unrelated to radioactivity), by-product 

16 material, special nuclear material, production 

17 facilities, utilization facilities, or atomic weap18 ons or articles involving Restricted Data. 

19 (2) DEFENSE SERVICE.—The term ‘‘defense 

20 service’’ includes any service, test, inspection, repair, 

21 publication, or technical or other assistance or de22 fense information used for the purposes of fur23 nishing military assistance, but does not include 

24 military educational and training activities under 
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1 chapter 5 of part II of the Foreign Assistance Act 

2 of 1961. 

3 (3) SMALL ARM.—The term ‘‘small arm’’ 

4 means— 

5 (A) a handgun or pistol; 

6 (B) a shoulder-fired weapon, including a 

7 sub-carbine, carbine, or rifle; 

8 (C) a light, medium, or heavy automatic 

9 weapon up to and including a .50 caliber ma10 chine gun; 

11 (D) a recoilless rifle up to and including 

12 106mm; 

13 (E) a mortar up to and including 81mm; 

14 (F) a rocket launcher, man-portable; 

15 (G) a grenade launcher, rifle and shoulder 

16 fired; and 

17 (H) an individually-operated weapon which 

18 is portable or can be fired without special 

19 mounts or firing devices and which has poten20 tial use in civil disturbances and is vulnerable 

21 to theft. 

22 (4) SPECIFIED CONGRESSIONAL COMMIT23 TEES.—The term ‘‘specified congressional commit24 tees’’ means— 
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1 (A) the Committee on Foreign Affairs and 

2 the Committee on Armed Services of the House 

3 of Representatives; and 

4 (B) the Committee on Foreign Relations 

5 and the Committee on Armed Services of the 

6 Senate. 

7 (e) EFFECTIVE DATE.— 

8 (1) IN GENERAL.—Except as provided in para9 graph (2), this section shall take effect 180 days 

10 after the date of the enactment of this Act. 

11 (2) EXCEPTION.—The Secretary of Defense 

12 may delay the effective date of this section by an ad13 ditional period of up to 90 days if the Secretary cer14 tifies in writing to the specified congressional com15 mittees for such additional period that it is in the 

16 vital interest of the United States to do so and in17 cludes in the certification a description of such vital 

18 interest. 

19 SEC. 1216. REPORTS ON CAMPAIGN PLANS FOR IRAQ AND 

20 AFGHANISTAN. 

21 (a) REPORTS REQUIRED.—Not later than 180 days 

22 after the date of the enactment of this Act, the Comp23 troller General of the United States shall submit to the 

24 congressional defense committees separate reports con25 taining assessments of the extent to which the campaign 
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1 plan for Iraq and the campaign plan for Afghanistan each 

2 adhere to military doctrine (as defined in the Department 

3 of Defense’s Joint Publication 5–0, Joint Operation Plan4 ning), including the elements set forth in subsection (b). 

5 (b) MATTERS TO BE ASSESSED.—The matters to be 

6 included in the assessments required under subsection (a) 

7 are as follows: 

8 (1) The extent to which each campaign plan 

9 identifies and prioritizes the conditions that must be 

10 achieved in each phase of the campaign. 

11 (2) The extent to which each campaign plan re12 ports the number of combat brigade teams and other 

13 forces required for each campaign phase. 

14 (3) The extent to which each campaign plan es15 timates the time needed to reach the desired end 

16 state and complete the military portion of the cam17 paign. 

18 (c) UPDATE OF REPORT.—The Comptroller General 

19 shall submit to the congressional defense committees an 

20 update of the report on the campaign plan for Iraq or 

21 the campaign plan for Afghanistan required under sub22 section (a) whenever the campaign plan for Iraq or the 

23 campaign plan for Afghanistan, as the case may be, is sub24 stantially updated or altered. 
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1 (d) EXCEPTION.—If the Comptroller General deter2 mines that a report submitted to Congress by the Comp3 troller General before the date of the enactment of this 

4 Act substantially meets the requirements of subsection (a) 

5 for the submission of a report on the campaign plan for 

6 Iraq or the campaign plan for Afghanistan, the Comp7 troller General shall so notify the congressional defense 

8 committees in writing, but shall provide an update of the 

9 report as required under subsection (c). 

10 (e) TERMINATION.— 

11 (1) REPORTS ON IRAQ.—The requirement to 

12 submit updates of reports on the campaign plan for 

13 Iraq under subsection (c) shall terminate on Decem14 ber 31, 2011. 

15 (2) REPORTS ON AFGHANISTAN.—The require16 ment to submit updates of reports on the campaign 

17 plan for Afghanistan under subsection (c) shall ter18 minate on September 30, 2012. 

19 SEC. 1217. REQUIRED ASSESSMENTS OF UNITED STATES 

20 EFFORTS IN AFGHANISTAN. 

21 (a) ASSESSMENTS REQUIRED.—Not later than 180 

22 days after the date of the enactment of this Act, and every 

23 180 days thereafter, the President shall conduct an assess24 ment, which shall be not more than 30 days in duration, 

25 of the progress toward defeating al Qa’ida and its affili-
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1 ated networks and extremist allies and preventing the es2 tablishment of safe havens in Afghanistan for al Qa’ida 

3 and its affiliated networks and extremist allies. 

4 (b) AREAS TO BE ASSESSED.—In carrying out sub5 section (a), the President should assess progress in the 

6 following areas: 

7 (1) Ending the ability of the Taliban, al Qa’ida, 

8 and other anti-government elements— 

9 (A) to establish control over the population 

10 of Afghanistan or regions of Afghanistan; 

11 (B) to establish safe havens in Afghani12 stan; and 

13 (C) to conduct attacks inside or outside 

14 Afghanistan. 

15 (2) Spreading legitimate and functional govern16 ance. 

17 (3) Spreading the rule of law. 

18 (4) Improving the legal economy of Afghani19 stan. 

20 (5) Other areas the President determines to be 

21 important. 

22 (c) REQUIREMENT TO DEVELOP GOALS AND

23 TIMELINES.—For each area required to be assessed under 

24 subsection (b), the President, in consultation with the 

25 Government of Afghanistan and the governments of other 
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1 countries the President determines to be necessary, shall 

2 establish goals for each area and timelines for meeting 

3 such goals. 

4 (d) METRICS.—The President shall develop metrics 

5 that allows for the accurate and thorough assessment of 

6 progress toward each goal and along each timeline re7 quired under subsection (c). 

8 (e) REPORT REQUIRED.— 

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

10 the completion of each assessment required under 

11 subsection (a), the President shall transmit to Con12 gress a report on the assessment. 

13 (2) ELEMENTS.—The report required under 

14 paragraph (1) should include, at a minimum, the fol15 lowing elements: 

16 (A) The results of the assessment of— 

17 (i) the progress of the government 

18 and people of Afghanistan, with the assist19 ance of the international community, in 

20 each area required to be assessed under 

21 subsection (b); and 

22 (ii) the effectiveness of United States 

23 efforts to assist the government and people 

24 of Afghanistan to make progress in each 
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1 area required to be assessed under sub2 section (b). 

3 (B) A description of the goals and 

4 timelines for meeting such goals required under 

5 subsection (c). 

6 (C) A description of the metrics required 

7 to be developed under subsection (d) and how 

8 such metrics were used to assess progress in 

9 each area required to be assessed under sub10 section (b). 

11 (3) FORM.—The report required under para12 graph (1) shall be transmitted in unclassified form, 

13 but may contain a classified annex if necessary. 

14 (f) SUNSET.—The requirement to conduct assess15 ments under subsection (a) shall not apply beginning on 

16 the date that is 5 years after the date of the enactment 

17 of this Act. 

18 SEC. 1218. REPORT ON RESPONSIBLE REDEPLOYMENT OF 

19 UNITED STATES ARMED FORCES FROM IRAQ. 

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

21 after the date of the enactment of this Act, or December 

22 31, 2009, whichever occurs later, and every 90 days there23 after, the Secretary of Defense shall submit to the appro24 priate congressional committees a report concerning the 

25 responsible redeployment of United States Armed Forces 
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1 from Iraq in accordance with the policy announced by the 

2 President on February 27, 2009, and the Agreement Be3 tween the United States of America and the Republic of 

4 Iraq On the Withdrawal of United States Forces From 

5 Iraq and the Organization of Their Activities During 

6 Their Temporary Presence in Iraq. 

7 (b) ELEMENTS.—The report required under sub8 section (a) shall include the following elements: 

9 (1) The number of United States military per10 sonnel in Iraq by service and component for each 

11 month of the preceding 90-day period and an esti12 mate of the personnel levels in Iraq for the 90-day 

13 period following submission of the report. 

14 (2) The number and type of military installa15 tions in Iraq occupied by 100 or more United States 

16 military personnel and the number of such military 

17 installations closed, consolidated, or transferred to 

18 the Government of Iraq in the preceding 90-day pe19 riod. 

20 (3) An estimate of the number of military vehi21 cles, containers of equipment, tons of ammunition, 

22 or other significant items belonging to the Depart23 ment of Defense removed from Iraq during the pre24 ceding 90-day period, an estimate of the remaining 

25 amount of such items belonging to the Department 
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1 of Defense, and an assessment of the likelihood of 

2 successfully removing, demilitarizing, or otherwise 

3 transferring all items belonging to the Department 

4 of Defense from Iraq on or before December 31, 

5 2011. 

6 (4) An assessment of United States detainee 

7 operations and releases. Such assessment should in8 clude the total number of detainees held by the 

9 United States in Iraq, the number of detainees in 

10 each threat level category, the number of detainees 

11 who are not nationals of Iraq, the number of detain12 ees transferred to Iraqi authorities, the number of 

13 detainees who were released from United States cus14 tody and the reasons for their release, and the num15 ber of detainees who having been released in the 

16 past were recaptured or had their remains identified 

17 planning or after carrying out attacks on United 

18 States or Coalition forces. 

19 (5) A listing of the objective and subjective fac20 tors utilized by the commander of Multi-National 

21 Force–Iraq, including any changes to that list in the 

22 case of an update to the report, to determine risk 

23 levels associated with the drawdown of United States 

24 Armed Forces, and the process and timing that will 

25 be utilized by the commander of Multi-National 
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1 Force–Iraq and the Secretary of Defense to assess 

2 risk and make recommendations to the President 

3 about either continuing the redeployment of United 

4 States Armed Forces from Iraq in accordance with 

5 the schedule announced by the President or modi6 fying the pace or timing of that redeployment. 

7 (c) INCLUSION IN OTHER REPORTS.—The report re8 quired under subsection (a) and any updates to the report 

9 may be included in any other required report on Iraq sub10 mitted to Congress by the Secretary of Defense. 

11 (d) FORM.—The report required under subsection 

12 (a), whether or not included in another report on Iraq sub13 mitted to Congress by the Secretary of Defense, may in14 clude a classified annex. 

15 (e) APPROPRIATE CONGRESSIONAL COMMITTEES.— 

16 In this section, the term ‘‘appropriate congressional com17 mittees’’ means— 

18 (1) the Committee on Armed Services, the 

19 Committee on Foreign Relations, the Select Com20 mittee on Intelligence, and the Committee on Appro21 priations of the Senate; and 

22 (2) the Committee on Armed Services, the 

23 Committee on Foreign Affairs, the Permanent Select 

24 Committee on Intelligence, and the Committee on 

25 Appropriations of the House of Representatives. 
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1 SEC. 1219. REPORT ON AFGHAN PUBLIC PROTECTION PRO2 GRAM. 

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

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

5 of Defense shall submit to the congressional defense com6 mittees a report on the Afghan Public Protection Program 

7 (in this section referred to as the ‘‘program’’). 

8 (b) MATTERS TO BE INCLUDED.—The report re9 quired under subsection (a) shall include the following ele10 ments: 

11 (1) An assessment of the program in the initial 

12 pilot districts in Afghanistan, including, at a min13 imum, the following elements: 

14 (A) An evaluation of the changes in secu15 rity conditions in the initial pilot districts from 

16 the program’s inception to the date of the re17 port. 

18 (B) The extent to which the forces devel19 oped under the program in the initial pilot dis20 tricts are generally representative of the ethnic 

21 groups in the respective districts. 

22 (C) If the forces developed under the pro23 gram are appropriately representative of the ge24 ographic area of responsibility. 

25 (D) An assessment of the views of the local 

26 communities, to include both Afghan national, 
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1 provincial, and district governmental officials 

2 and leaders of the local communities, of the 

3 successes and failures of the program. 

4 (E) Any formal reviews of the program 

5 that are planned for the future and the 

6 timelines on which the reviews would be con7 ducted, by whom the reviews would be con8 ducted, and the criteria that would be used. 

9 (F) The selection criteria that were used to 

10 select members of the program in the initial 

11 pilot districts and how the members were vet12 ted. 

13 (G) The costs to the Department of De14 fense to support the program in the initial pilot 

15 districts, to include any Commanders’ Emer16 gency Response Program funds spent as formal 

17 or informal incentives. 

18 (H) The roles of the Afghanistan National 

19 Security Forces (ANSF) in supporting and 

20 training forces under the program. 

21 (I) Any other criteria used to evaluate the 

22 program in the initial pilot districts by the 

23 Commander of United States Forces–Afghani24 stan. 
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1 (2) An assessment of the future of the pro2 gram, including, at a minimum, the following ele3 ments: 

4 (A) A description of the goals and objec5 tives expected to be met by the expansion of the 

6 program. 

7 (B) A description of how such an expan8 sion supports the functions of the Afghan Na9 tional Police. 

10 (C) A description of how the decision will 

11 be made whether to expand the program out12 side the initial pilot districts and the criteria 

13 that will be used to make that decision. 

14 (D) A description of how districts or prov15 inces outside of the initial pilot districts will be 

16 chosen to participate in the program, including 

17 an explanation of the following: 

18 (i) What mechanisms the Government 

19 of Afghanistan will use to select additional 

20 districts or provinces, including partici21 pants in the decision process and the cri22 teria used. 

23 (ii) How the views of relevant United 

24 States Government departments and agen25 cies will be taken into account by the Gov-
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1 ernment of Afghanistan when choosing dis2 tricts or provinces to participate in the 

3 program. 

4 (iii) How the views of other North At5 lantic Treaty Organization (NATO) Inter6 national Security Assistance Force (ISAF) 

7 Coalition partners will be taken into ac8 count during the decision process. 

9 (iv) What process will be used to 

10 evaluate any changes to the program as ex11 ecuted in the initial pilot districts to ac12 count for different or unique circumstances 

13 in additional areas of expansion. 

14 (E) An assessment of personnel or assets 

15 of the Department of Defense that would likely 

16 be required to support any expansion of the 

17 program, including a description of the fol18 lowing: 

19 (i) Any requirement for personnel to 

20 train or mentor additional forces developed 

21 under the program or to train additional 

22 members of the ANSF to train forces 

23 under the program. 
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1 (ii) Any Department of Defense fund2 ing that would be provided to support ad3 ditional forces under the program. 

4 (iii) Any assistance that would reason5 ably be required to assist the Government 

6 of Afghanistan manage any additional 

7 forces developed under the program. 

8 (F) A description of the formal process, led 

9 by the Government of Afghanistan, that will be 

10 used to evaluate the program, including a de11 scription of the following: 

12 (i) A listing of the criteria that are ex13 pected to be considered in the process. 

14 (ii) The roles in the process of— 

15 (I) the Government of Afghani16 stan; 

17 (II) relevant United States Gov18 ernment departments and agencies; 

19 (III) NATO-ISAF Coalition part20 ners; 

21 (IV) nongovernmental represent22 atives of the people of Afghanistan; 

23 and 

24 (V) any other appropriate indi25 viduals and entities. 
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1 (G) If members of the forces developed 

2 under the program will be transitioned to the 

3 ANSF or to other employment in the future, a 

4 description of— 

5 (i) the process that will be used to 

6 transition the forces; 

7 (ii) additional training that may be re8 quired; 

9 (iii) how decisions will be made to 

10 transition the forces to the ANSF or other 

11 employment; and 

12 (iv) any other relevant information. 

13 (H) The Afghan chain of command that 

14 will be used to implement the program and pro15 vide command and control over the units cre16 ated by the program. 

17 SEC. 1220. UPDATES OF REPORT ON COMMAND AND CON18 TROL STRUCTURE FOR MILITARY FORCES 

19 OPERATING IN AFGHANISTAN. 

20 Section 1216(d) of the Duncan Hunter National De21 fense Authorization Act for Fiscal Year 2009 (Public Law 

22 110–417; 122 Stat. 4634) is amended by adding at the 

23 end the following new sentence: ‘‘Any update of the report 

24 required under subsection (c) may be included in the re25 port required under section 1230 of the National Defense 
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1 Authorization Act for Fiscal Year 2008 (Public Law 110– 

2 181; 122 Stat. 385).’’. 

3 SEC. 1221. REPORT ON PAYMENTS MADE BY UNITED 

4 STATES ARMED FORCES TO RESIDENTS OF 

5 AFGHANISTAN AS COMPENSATION FOR 

6 LOSSES CAUSED BY UNITED STATES MILI7 TARY OPERATIONS. 

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

9 after the date of the enactment of this Act, and every 180 

10 days thereafter, the Secretary of Defense shall submit to 

11 the congressional defense committees a report on pay12 ments made by United States Armed Forces to residents 

13 of Afghanistan as compensation for losses caused by 

14 United States military operations. 

15 (b) MATTERS TO BE INCLUDED.—The report re16 quired under subsection (a) shall include— 

17 (1) the total amount of funds provided for 

18 losses caused by United States military operations; 

19 (2) a breakdown of the number of payments by 

20 type, to include— 

21 (A) compensation for the death of a non22 combatant Afghan resident; 

23 (B) compensation for the injury of a non24 combatant Afghan resident; 
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1 (C) compensation for property damage 

2 caused during combat operations or noncombat 

3 operations; and 

4 (D) any other category for which com5 pensation was paid by United States Armed 

6 Forces; and 

7 (3) the average amount of compensation for 

8 each type of payment described in paragraph (2). 

9 (c) SCOPE OF REPORT.—The initial report required 

10 under subsection (a) shall include the information required 

11 under subsection (b) for the 5-year period ending on the 

12 date of submission of the initial report and each update 

13 of the report required under subsection (a) shall include 

14 the information required under subsection (b) for the pe15 riod since the submission of last report. 

16 (d) TERMINATION.—The requirement to submit re17 ports under subsection (a) shall terminate on September 

18 30, 2012. 

19 SEC. 1222. ASSESSMENT AND REPORT ON UNITED STATES20 PAKISTAN MILITARY RELATIONS AND CO21 OPERATION. 

22 (a) ASSESSMENT REQUIRED.—The Secretary of De23 fense, in consultation with the Secretary of State, shall 

24 conduct an assessment of possible alternatives to reim25 bursements to Pakistan for logistical, military, or other 
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1 support provided by Pakistan to or in connection with 

2 United States military operations, which could encourage 

3 the Pakistani military to undertake counterterrorism and 

4 counterinsurgency operations and achieve the goals and 

5 objectives for long-term United States-Pakistan military 

6 relations and cooperation. 

7 (b) REPORT.—Not later than 180 days after the date 

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

9 shall submit to the appropriate congressional committees 

10 a report on the assessment required under subsection (a). 

11 (c) FORM.—The report required under subsection (b) 

12 shall be submitted in unclassified form, but may include 

13 a classified annex if necessary. 

14 (d) APPROPRIATE CONGRESSIONAL COMMITTEES

15 DEFINED.—In this section, the term ‘‘appropriate con16 gressional committees’’ means— 

17 (1) the Committee on Armed Services, the 

18 Committee on Foreign Affairs, and the Committee 

19 on Appropriations of the House of Representatives; 

20 and 

21 (2) the Committee on Armed Services, the 

22 Committee on Foreign Relations, and the Committee 

23 on Appropriations of the Senate. 
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1 SEC. 1223. REQUIRED ASSESSMENTS OF PROGRESS TO2 WARD SECURITY AND STABILITY IN PAKI3 STAN. 

4 (a) ASSESSMENTS REQUIRED.—Not later than 180 

5 days after the date of the enactment of this Act, and every 

6 180 days thereafter, the President shall conduct an assess7 ment, which shall be not more than 30 days in duration, 

8 of the progress toward long-term security and stability in 

9 Pakistan. 

10 (b) AREAS TO BE ASSESSED.—In carrying out sub11 section (a), the President should assess— 

12 (1) the effectiveness of efforts— 

13 (A) to disrupt, dismantle, and defeat al 

14 Qa’ida, its affiliated networks, and other ex15 tremist forces in Pakistan; 

16 (B) to eliminate the safe havens for such 

17 forces in Pakistan; and 

18 (C) to prevent the return of such forces to 

19 Pakistan or Afghanistan; and 

20 (2) the effectiveness of United States security 

21 assistance to Pakistan to achieve the strategic goal 

22 described in paragraph (1). 

23 (c) REQUIREMENT TO DEVELOP GOALS AND OBJEC24 TIVES AND TIMELINES.—For any area assessed under 

25 subsection (b), the President, in consultation with the 

26 Government of Pakistan and the governments of other 
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1 countries the President determines to be necessary, shall 

2 establish goals and objectives and timelines for meeting 

3 such goals and objectives. 

4 (d) REQUIREMENT TO DEVELOP METRICS.—The 

5 President shall develop metrics that allow for the accurate 

6 and thorough assessment of progress toward each goal 

7 and objective and along each timeline required under sub8 section (c). 

9 (e) REPORT REQUIRED.— 

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

11 the completion of each assessment required under 

12 subsection (a), the President shall transmit to Con13 gress a report on the assessment. 

14 (2) ELEMENTS.—The report required under 

15 paragraph (1) should include, at a minimum, the fol16 lowing elements: 

17 (A) The results of the assessment required 

18 under subsection (a). 

19 (B) A description of the goals and objec20 tives and timelines for meeting such goals and 

21 objectives required under subsection (c). 

22 (C) A description of the metrics required 

23 to be developed under subsection (d) and how 

24 such metrics were used to assess progress in 
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1 each area required to be assessed under sub2 section (b). 

3 (3) FORM.—The report required under para4 graph (1) shall be transmitted in unclassified form, 

5 but may contain a classified annex if necessary. 

6 (f) SUNSET.—The requirement to conduct assess7 ments under subsection (a) shall not apply beginning on 

8 the date that is 5 years after the date of the enactment 

9 of this Act. 

10 SEC. 1224. REPEAL OF GAO WAR-RELATED REPORTING RE11 QUIREMENT. 

12 Section 1221(c) of the National Defense Authoriza13 tion Act for Fiscal Year 2006 (Public Law 109–163; 119 

14 Stat. 3462) is amended by striking the following: ‘‘Based 

15 on these reports, the Comptroller General shall provide to 

16 Congress quarterly updates on the costs of Operation Iraqi 

17 Freedom and Operation Enduring Freedom.’’. 

18 SEC. 1225. PLAN TO GOVERN THE DISPOSITION OF SPECI19 FIED DEFENSE ITEMS IN IRAQ. 

20 (a) PLAN REQUIRED.—The Secretary of Defense 

21 shall prepare a plan to govern the disposition of specified 

22 defense items in Iraq. 

23 (b) ELEMENTS OF PLAN.—The plan required under 

24 subsection (a) shall, at a minimum, address the following 

25 elements: 
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1 (1) The identification of an individual, position, 

2 or office that will be responsible for making rec3 ommendations to the Secretary of Defense regarding 

4 the disposition of specified defense items in Iraq. 

5 (2) A mechanism for conducting a thorough in6 ventory of specified defense items in Iraq owned by 

7 the Department of Defense, including specified de8 fense items in Iraq that are operated by contractors. 

9 (3) A mechanism for soliciting input regarding 

10 potential requirements for specified defense items in 

11 Iraq. Such potential requirements may include— 

12 (A) use in other overseas contingency oper13 ations involving the Armed Forces; 

14 (B) use to reset the Armed Forces; 

15 (C) use by other United States combatant 

16 commanders to enhance their capability to 

17 carry out missions in their respective combatant 

18 commands; 

19 (D) use to refill prepositioned stocks; 

20 (E) transfer to the security forces of Iraq 

21 or Afghanistan; and 

22 (F) use by other Federal departments and 

23 agencies or political subdivisions of the United 

24 States. 
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1 (4) A mechanism for identifying specified de2 fense items in Iraq that are not economically viable 

3 to remove from Iraq or which are not needed to 

4 meet other requirements, and for soliciting and eval5 uating proposals for the disposition of those items. 

6 (5) A mechanism for ensuring that the views 

7 and inputs, as may be required by law, of other Fed8 eral departments and agencies are taken into ac9 count. 

10 (c) REPORT REQUIRED.—The Secretary of Defense 

11 shall submit to the congressional defense committees a re12 port outlining the plan required under subsection (a) and 

13 including the elements required under subsection (b). The 

14 report shall further include an assessment of current au15 thorities for the disposition of equipment and rec16 ommendations about changes to such authorities that the 

17 Secretary determines to be necessary. The report required 

18 under this subsection shall be submitted not later than 

19 the date of submission to Congress of the President’s 

20 budget for fiscal year 2011 pursuant to section 1105(a) 

21 of title 31, United States Code. 

22 (d) REVIEW BY THE COMPTROLLER GENERAL.—Not 

23 later than 60 days after the date of submission of the re24 port required under subsection (c), the Comptroller Gen25 eral of the United States shall submit to the congressional 
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1 defense committees a review of the plan required under 

2 subsection (a) and the recommendations of the Secretary 

3 of Defense contained in the report required under sub4 section (c). 

5 (e) RULE OF CONSTRUCTION.—Nothing in this sec6 tion shall be construed to authorize the transfer of speci7 fied defense items in Iraq to any entity outside the De8 partment of Defense except pursuant to relevant laws cur9 rently in force. 

10 (f) SPECIFIED DEFENSE ITEMS IN IRAQ DEFINED.— 

11 In this section, the term ‘‘specified defense items in Iraq’’ 

12 includes major end items and tactical equipment items 

13 owned by the Department of Defense that are present in 

14 Iraq as of the date of enactment of this Act and are no 

15 longer required to support United States military oper16 ations in Iraq. 

17 SEC. 1226. CIVILIAN MINISTRY OF DEFENSE ADVISOR PRO18 GRAM. 

19 (a) AUTHORITY.—The Secretary of Defense, with the 

20 concurrence of the Secretary of State, may provide civilian 

21 advisors to senior civilian and military officials of the Gov22 ernments of Iraq and Afghanistan for the purpose of pro23 viding institutional, ministerial-level advice and other 

24 training to such officials in support of stabilization efforts 

25 and United States military operations in those countries. 
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1 (b) FORMULATION OF ADVICE AND TRAINING PRO2 GRAM.—The Secretary of Defense and the Secretary of 

3 State shall jointly formulate any program to provide ad4 vice and training under subsection (a). 

5 (c) LIMITATION.—The Secretary of Defense may not 

6 expend more than $13,100,000 for any fiscal year in car7 rying out any program in Iraq and Afghanistan as de8 scribed in subsection (a). 

9 (d) ADDITIONAL AUTHORITY.—The authority to pro10 vide assistance under this section is in addition to any 

11 other authority to provide assistance to foreign nations or 

12 forces. 

13 (e) TERMINATION OF AUTHORITY.—The authority to 

14 provide assistance under this section terminates at the 

15 close of September 30, 2010. 

16 SEC. 1227. REPORT ON THE STATUS OF INTERAGENCY CO17 ORDINATION IN THE AFGHANISTAN AND OP18 ERATION ENDURING FREEDOM THEATER OF 

19 OPERATIONS. 

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

21 after the date of the enactment of this Act, and every 180 

22 days thereafter, the Secretary of Defense and the Sec23 retary of State shall submit to the appropriate congres24 sional committees a report on the status of interagency 
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1 coordination in the Afghanistan and Operation Enduring 

2 Freedom theater of operations. 

3 (b) MATTERS TO BE INCLUDED.—The report re4 quired under subsection (a) shall include a description of 

5 the following: 

6 (1) The staffing structure of United States-led 

7 Provincial Reconstruction Teams (PRTs) in Afghan8 istan, including the roles of members of the Armed 

9 Forces, the roles of non-Armed Forces personnel, 

10 and unfilled staffing, training, and resource needs. 

11 (2) The use of members of the Armed Forces 

12 for reconstruction, development, and capacity build13 ing programs outside the jurisdiction of the Depart14 ment of Defense. 

15 (3) Coordination between United States-led and 

16 NATO ISAF-led programs to develop the capacity of 

17 national, provincial, and local government and other 

18 civil institutions as well as reconstruction and devel19 opment activities in Afghanistan. 

20 (4) Unfilled staffing and resource requirements 

21 for reconstruction, development, and civil institution 

22 capacity building programs. 

23 (c) APPROPRIATE CONGRESSIONAL COMMITTEES DE24 FINED.—In this section, the term ‘‘appropriate congres25 sional committees’’ means— 
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1 (1) the Committee on Armed Services, the 

2 Committee on Appropriations, and the Committee on 

3 Foreign Affairs of the House of Representatives; 

4 and 

5 (2) the Committee on Armed Services, the 

6 Committee on Appropriations, and the Committee on 

7 Foreign Relations of the Senate. 

8 SEC. 1228. SENSE OF CONGRESS SUPPORTING UNITED 

9 STATES POLICY FOR AFGHANISTAN. 

10 It is the sense of Congress that— 

11 (1) Afghanistan is a central front in the global 

12 struggle against al Qa’ida and its affiliated net13 works; 

14 (2) the United States has a vital national secu15 rity interest in ensuring that Afghanistan does not 

16 revert back to its pre-September 11, 2001, status 

17 and become a sanctuary for trans-national terrorists; 

18 (3) the President outlined a strategy for Af19 ghanistan and Pakistan on March 27, 2009, that is 

20 rightly focused on disrupting, dismantling, and de21 feating al Qa’ida and its affiliated networks and 

22 their safe havens; 

23 (4) the implementation of the President’s strat24 egy requires a long-term, integrated civilian-military 

25 counterinsurgency strategy and a sustained, sub-
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1 stantial commitment of military resources to Af2 ghanistan; 

3 (5) as part of such an effort, the President 

4 should continue to provide United States military 

5 commanders with the forces requested to conduct 

6 combat operations and to train and mentor Afghan 

7 security forces; and 

8 (6) in support of the President’s strategy, Con9 gress should ensure that United States military com10 manders in Afghanistan have the necessary funding 

11 and resources to succeed. 

12 SEC. 1229. ANALYSIS OF REQUIRED FORCE LEVELS AND 

13 TYPES OF FORCES NEEDED TO SECURE 

14 SOUTHERN AND EASTERN REGIONS OF AF15 GHANISTAN. 

16 (a) STUDY REQUIRED.—At the request of the Com17 mander of United States Forces for Afghanistan 

18 (USFOR-A), the Secretary of Defense shall enter into a 

19 contract with a Federally Funded Research Development 

20 Center (FFRDC) to provide analysis and support to the 

21 commander to assist with analyzing the required force lev22 els and types of forces needed to secure the southern and 

23 eastern regions of Afghanistan in an effort to provide a 

24 space for the government of Afghanistan to establish effec-
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1 tive government control and provide the Afghan security 

2 forces with the required training and mentoring. 

3 (b) FUNDING.—Of the amount authorized to be ap4 propriated for Defense-wide operation and maintenance in 

5 section 301(5), $3,000,000 may be used to carry out sub6 section (a). 

7 SEC. 1230. MODIFICATION OF REPORT ON PROGRESS TO8 WARD SECURITY AND STABILITY IN AFGHAN9 ISTAN. 

10 (a) MATTERS TO BE INCLUDED: STRATEGIC DIREC11 TION OF UNITED STATES ACTIVITIES RELATING TO SE12 CURITY AND STABILITY IN AFGHANISTAN.—Subsection 

13 (c) of section 1230 of the National Defense Authorization 

14 Act for Fiscal Year 2008 (Public Law 110–181; 122 Stat. 

15 385) is amended— 

16 (1) in paragraph (1)— 

17 (A) by redesignating subparagraph (B) as 

18 subparagraph (C); and 

19 (B) by inserting after subparagraph (A) 

20 the following new subparagraph: 

21 ‘‘(B) The specific substance of any existing 

22 formal or informal agreement with NATO 

23 ISAF countries regarding the following: 

24 ‘‘(i) Mutually agreed upon goals. 
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1 ‘‘(ii) Strategies to achieve such goals, 

2 including strategies identified in ‘The 

3 Comprehensive Political Military Strategic 

4 Plan’ agreed to by the Heads of State and 

5 Government from Allied and other troop6 contributing nations. 

7 ‘‘(iii) Resource and force require8 ments, including the requirements as de9 termined by NATO military authorities in 

10 the agreed ‘Combined Joint Statement of 

11 Requirements’ (CJSOR). 

12 ‘‘(iv) Commitments and pledges of 

13 support regarding troops and resource lev14 els.’’; 

15 (2) by redesignating paragraphs (2) through 

16 (6) as paragraphs (3) through (7), respectively; and 

17 (3) by inserting after paragraph (1) the fol18 lowing new paragraph: 

19 ‘‘(2) NON-NATO ISAF TROOP-CONTRIBUTING

20 COUNTRIES.—A description of the specific substance 

21 of any existing formal or informal agreement with 

22 non-NATO ISAF troop-contributing countries re23 garding the following: 

24 ‘‘(A) Mutually agreed upon goals. 

25 ‘‘(B) Strategies to achieve such goals. 
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1 ‘‘(C) Resource and force requirements. 

2 ‘‘(D) Commitments and pledges of support 

3 regarding troops and resource levels.’’. 

4 (b) MATTERS TO BE INCLUDED: PERFORMANCE IN5 DICATORS AND MEASURES OF PROGRESS TOWARD SUS6 TAINABLE LONG-TERM SECURITY AND STABILITY IN AF7 GHANISTAN.—Subsection (d)(2) of such section is amend8 ed— 

9 (1) in subparagraph (A)— 

10 (A) by striking ‘‘individual NATO ISAF 

11 countries’’ and inserting ‘‘each individual 

12 NATO ISAF country’’; and 

13 (B) by inserting ‘‘estimated in the most re14 cent NATO ISAF Troops Placemat’’ after ‘‘, 

15 including levels of troops and equipment’’; 

16 (2) by redesignating subparagraphs (C) through 

17 (K) as subparagraphs (D) through (L), respectively; 

18 (3) by inserting after subparagraph (B) the fol19 lowing new subparagraph: 

20 ‘‘(C) With respect to non-NATO ISAF 

21 troop-contributing countries, a listing of con22 tributions from each individual country, includ23 ing levels of troops and equipment, the effect of 

24 contributions on operations, and unfulfilled 

25 commitments.’’; and 
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1 (4) in subparagraph (I) (as redesignated)— 

2 (A) by redesignating clause (ii) as clause 

3 (iii); and 

4 (B) by inserting after clause (i) the fol5 lowing: 

6 ‘‘(ii) The location, funding, staffing 

7 requirements, current staffing levels, and 

8 activities of each Provincial Reconstruction 

9 Team led by a nation other than the 

10 United States.’’. 

11 (c) CONFORMING AMENDMENT.—Subsection (d)(2) 

12 of such section, as amended, is further amended in sub13 paragraph (J) (as redesignated) by striking ‘‘subsection 

14 (c)(4)’’ and inserting ‘‘subsection (c)(5)’’. 

15 SEC. 1230A. NO PERMANENT MILITARY BASES IN AFGHANI16 STAN. 

17 None of the funds authorized to be appropriated by 

18 this Act or otherwise made available by this or any other 

19 Act shall be obligated or expended by the United States 

20 Government to establish any military installation or base 

21 for the purpose of providing for the permanent stationing 

22 of United States Armed Forces in Afghanistan. 
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1 Subtitle C—Other Matters 

2 SEC. 1231. NATO SPECIAL OPERATIONS COORDINATION 

3 CENTER. 

4 (a) AUTHORIZATION.—Of the amounts authorized to 

5 be appropriated for fiscal year 2010 pursuant to section 

6 301(1) for operation and maintenance for the Army, to 

7 be derived from amounts made available for support of 

8 North Atlantic Treaty Organization (hereinafter in this 

9 section referred to as ‘‘NATO’’) operations, the Secretary 

10 of Defense is authorized to use up to $30,000,000 for the 

11 purposes set forth in subsection (b). 

12 (b) PURPOSES.—The Secretary shall provide funds 

13 for the NATO Special Operations Coordination Center 

14 (hereinafter in this section referred to as the ‘‘NSCC’’) 

15 to— 

16 (1) improve coordination and cooperation be17 tween the special operations forces of NATO na18 tions; 

19 (2) facilitate joint operations by the special op20 erations forces of NATO nations; 

21 (3) support special operations forces peculiar 

22 command, control, and communications capabilities; 

23 (4) promote special operations forces intel24 ligence and informational requirements within the 

25 NATO structure; and 
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1 (5) promote interoperability through the devel2 opment of common equipment standards, tactics, 

3 techniques, and procedures, and through execution 

4 of a multinational education and training program. 

5 (c) CERTIFICATION.—Not less than 180 days after 

6 the date of enactment of this Act, the Secretary shall cer7 tify to the Committees on Armed Services of the Senate 

8 and House of Representatives that the Secretary of De9 fense has assigned executive agent responsibility for the 

10 NSCC to an appropriate organization within the Depart11 ment of Defense, and detail the steps being undertaken 

12 by the Department of Defense to strengthen the role of 

13 the NSCC in fostering special operations capabilities with14 in NATO. 

15 SEC. 1232. ANNUAL REPORT ON MILITARY POWER OF THE 

16 ISLAMIC REPUBLIC OF IRAN. 

17 (a) ANNUAL REPORT.—Not later than March 1 of 

18 each year, the Secretary of Defense shall submit to the 

19 appropriate congressional committees a report, in both 

20 classified and unclassified form, on the current and future 

21 military strategy of the Islamic Republic of Iran. The re22 port shall address the current and probable future course 

23 of military developments on Iran’s Army, Air Force, Navy 

24 and the Iranian Revolutionary Guard Corps, and the te25 nets and probable development of Iran’s grand strategy, 
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1 security strategy, and military strategy, and of military 

2 organizations and operational concepts. 

3 (b) MATTERS TO BE INCLUDED.—The report re4 quired under subsection (a) shall include at least the fol5 lowing elements: 

6 (1) As assessment of Iranian grand strategy, 

7 security strategy, and military strategy, including 

8 the following: 

9 (A) The goals of Iran’s grand strategy, se10 curity strategy, and military strategy. 

11 (B) Trends in Iran’s strategy that would 

12 be designed to establish Iran as the leading 

13 power in the Middle East and to enhance the 

14 influence of Iran in other regions of the world. 

15 (C) The security situation in the Persian 

16 Gulf and the Levant. 

17 (D) Iranian strategy regarding other coun18 tries in the region, including Israel, Lebanon, 

19 Iraq, Afghanistan, Saudi Arabia, Turkey, Bah20 rain, Kuwait, the United Arab Emirates, Arme21 nia, and Azerbaijan. 

22 (2) An assessment of the capabilities of Iran’s 

23 conventional forces, including the following: 

24 (A) The size, location, and capabilities of 

25 Iran’s conventional forces. 
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1 (B) A detailed analysis of Iran’s forces fac2 ing United States forces in the region and other 

3 countries in the region, including Israel, Leb4 anon, Iraq, Afghanistan, Saudi Arabia, Turkey, 

5 Bahrain, Kuwait, the United Arab Emirates, 

6 Armenia, and Azerbaijan. 

7 (C) Major developments in Iranian military 

8 doctrine. 

9 (D) An estimate of the funding provided 

10 for each branch of Iran’s conventional forces. 

11 (3) An assessment of Iran’s unconventional 

12 forces, including the following: 

13 (A) The size and capability of Iranian spe14 cial operations units, including the Iranian Rev15 olutionary Guard Corps–Quds Force. 

16 (B) The types and amount of support pro17 vided to groups designated by the United States 

18 as terrorist organizations, including Hezbollah, 

19 Hamas, and the Special Groups in Iraq, in par20 ticular those forces as having been assessed as 

21 to be willing to carry out terrorist operations on 

22 behalf of Iran or in response to a military at23 tack by another country on Iran. 

24 (C) A detailed analysis of Iran’s unconven25 tional forces facing United States forces in the 
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1 region and other countries in the region, includ2 ing Israel, Lebanon, Iraq, Afghanistan, Saudi 

3 Arabia, Turkey, Bahrain, Kuwait, the United 

4 Arab Emirates, Armenia, and Azerbaijan. 

5 (D) An estimate of the amount of funds 

6 spent by Iran to develop and support special op7 erations forces and terrorist groups. 

8 (4) An assessment of Iranian capabilities re9 lated to nuclear and missile forces, including the fol10 lowing: 

11 (A) A summary of nuclear capabilities and 

12 developments in the preceding year, including 

13 the location of major facilities believed to be in14 volved in a nuclear weapons program. 

15 (B) A summary of the capabilities of 

16 Iran’s strategic missile forces, including the size 

17 of the Iranian strategic missile arsenal and the 

18 locations of missile launch sites. 

19 (C) A detailed analysis of Iran’s strategic 

20 missile forces facing United States forces in the 

21 region and other countries in the region, includ22 ing Israel, Lebanon, Iraq, Afghanistan, Saudi 

23 Arabia, Turkey, Bahrain, Kuwait, the United 

24 Arab Emirates, Armenia, and Azerbaijan. 
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1 (D) An estimate of the amount of funding 

2 expended by Iran on programs to develop a ca3 pability to build nuclear weapons or to enhance 

4 Iran’s strategic missile capability. 

5 (c) DEFINITIONS.—In this section: 

6 (1) APPROPRIATE CONGRESSIONAL COMMIT7 TEES.—The term ‘‘appropriate congressional com8 mittees’’ means— 

9 (A) the Committee on Armed Services, the 

10 Committee on Foreign Relations, the Select 

11 Committee on Intelligence, and the Committee 

12 on Appropriations of the Senate; and 

13 (B) the Committee on Armed Services, the 

14 Committee on Foreign Affairs, the Permanent 

15 Select Committee on Intelligence, and the Com16 mittee on Appropriations of the House of Rep17 resentatives. 

18 (2) IRAN’S CONVENTIONAL FORCES.—The term 

19 ‘‘Iran’s conventional forces’’— 

20 (A) means military forces of the Islamic 

21 Republic of Iran designed to conduct operations 

22 on sea, air, or land, other than Iran’s unconven23 tional forces and Iran’s strategic missile forces; 

24 and 
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1 (B) includes Iran’s Army, Iran’s Air 

2 Force, Iran’s Navy, and elements of the Iranian 

3 Revolutionary Guard Corps, other than the Ira4 nian Revolutionary Guard Corps–Quds Force. 

5 (3) IRAN’S UNCONVENTIONAL FORCES.—The 

6 term ‘‘Iran’s unconventional forces’’— 

7 (A) means forces of the Islamic Republic 

8 of Iran that carry out missions typically associ9 ated with special operations forces; and 

10 (B) includes— 

11 (i) the Iranian Revolutionary Guard 

12 Corps–Quds Force; and 

13 (ii) any organization that— 

14 (I) has been designated a ter15 rorist organization by the United 

16 States; 

17 (II) receives assistance from 

18 Iran; and 

19 (III)(aa) is assessed as being 

20 willing in some or all cases of carrying 

21 out attacks on behalf of Iran; or 

22 (bb) is assessed as likely to carry 

23 out attacks in response to a military 

24 attack by another country on Iran. 
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1 (4) IRAN’S STRATEGIC MISSILE FORCES.—The 

2 term ‘‘Iran’s strategic missile forces’’ means those 

3 elements of the military forces of the Islamic Repub4 lic of Iran that employ missiles capable of flights in 

5 excess of 500 kilometers. 

6 SEC. 1233. ANNUAL REPORT ON MILITARY AND SECURITY 

7 DEVELOPMENTS INVOLVING THE PEOPLE’S 

8 REPUBLIC OF CHINA. 

9 (a) ANNUAL REPORT.—Subsection (a) of section 

10 1202 of the National Defense Authorization Act for Fiscal 

11 Year 2000 (Public Law 106–65; 113 Stat. 781; 10 U.S.C. 

12 113 note) is amended— 

13 (1) in the first sentence, by striking ‘‘on the 

14 current and future military strategy of the People’s 

15 Republic of China’’ and inserting ‘‘on military and 

16 security developments involving the People’s Repub17 lic of China’’; 

18 (2) in the second sentence— 

19 (A) by striking ‘‘on the People’s Liberation 

20 Army’’ and inserting ‘‘of the People’s Libera21 tion Army’’; and 

22 (B) by striking ‘‘Chinese grand strategy, 

23 security strategy,’’ and inserting ‘‘Chinese secu24 rity strategy’’; and 
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1 (3) by adding at the end the following new sen2 tence: ‘‘The report shall also address United States3 China engagement and cooperation on security mat4 ters during the period covered by the report, includ5 ing through United States-China military-to-military 

6 contacts, and the United States strategy for such 

7 engagement and cooperation in the future.’’. 

8 (b) MATTERS TO BE INCLUDED.—Subsection (b) of 

9 such section, as amended by section 1263 of the National 

10 Defense Authorization Act for Fiscal Year 2008 (Public 

11 Law 110–181; 122 Stat. 407), is further amended— 

12 (1) in paragraph (1)— 

13 (A) by striking ‘‘goals of’’ inserting ‘‘goals 

14 and factors shaping’’; and 

15 (B) by striking ‘‘Chinese grand strategy, 

16 security strategy,’’ and inserting ‘‘Chinese secu17 rity strategy’’; 

18 (2) by amending paragraph (2) to read as fol19 lows: 

20 ‘‘(2) Trends in Chinese security and military 

21 behavior that would be designed to achieve, or that 

22 are inconsistent with, the goals described in para23 graph (1).’’; 

24 (3) in paragraph (6)— 
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1 (A) by inserting ‘‘and training’’ after 

2 ‘‘military doctrine’’; and 

3 (B) by striking ‘‘, focusing on (but not lim4 ited to) efforts to exploit a transformation in 

5 military affairs or to conduct preemptive 

6 strikes’’; and 

7 (4) by adding at the end the following new 

8 paragraphs: 

9 ‘‘(10) In consultation with the Secretary of En10 ergy and the Secretary of State, developments re11 garding United States-China engagement and co12 operation on security matters. 

13 ‘‘(11) The current state of United States mili14 tary-to-military contacts with the People’s Libera15 tion Army, which shall include the following: 

16 ‘‘(A) A comprehensive and coordinated 

17 strategy for such military-to-military contacts 

18 and updates to the strategy. 

19 ‘‘(B) A summary of all such military-to20 military contacts during the period covered by 

21 the report, including a summary of topics dis22 cussed and questions asked by the Chinese par23 ticipants in those contacts. 

24 ‘‘(C) A description of such military-to-mili25 tary contacts scheduled for the 12-month period 
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1 following the period covered by the report and 

2 the plan for future contacts. 

3 ‘‘(D) The Secretary’s assessment of the 

4 benefits the Chinese expect to gain from such 

5 military-to-military contacts. 

6 ‘‘(E) The Secretary’s assessment of the 

7 benefits the Department of Defense expects to 

8 gain from such military-to-military contacts, 

9 and any concerns regarding such contacts. 

10 ‘‘(F) The Secretary’s assessment of how 

11 such military-to-military contacts fit into the 

12 larger security relationship between the United 

13 States and the People’s Republic of China. 

14 ‘‘(12) Other military and security developments 

15 involving the People’s Republic of China that the 

16 Secretary of Defense considers relevant to United 

17 States national security.’’. 

18 (c) CONFORMING AMENDMENT.—Such section is fur19 ther amended in the heading by striking ‘‘MILITARY

20 POWER OF’’ and inserting ‘‘MILITARY AND SECURITY

21 DEVELOPMENTS INVOLVING’’. 

22 (d) REPEALS.—Section 1201 of the National Defense 

23 Authorization Act for Fiscal Year 2000 (Public Law 106– 

24 65; 113 Stat. 779; 10 U.S.C. 168 note) is amended by 

25 striking subsections (e) and (f). 
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1 (e) EFFECTIVE DATE.— 

2 (1) IN GENERAL.—The amendments made by 

3 this section shall take effect on the date of the en4 actment of this Act, and shall apply with respect to 

5 reports required to be submitted under subsection 

6 (a) of section 1202 of the National Defense Author7 ization Act for Fiscal Year 2000, as so amended, on 

8 or after that date. 

9 (2) STRATEGY AND UPDATES FOR MILITARY10 TO-MILITARY CONTACTS WITH PEOPLE’S LIBERA11 TION ARMY.—The requirement to include the strat12 egy described in paragraph (11)(A) of section 

13 1202(b) of the National Defense Authorization Act 

14 for Fiscal Year 2000, as so amended, in the report 

15 required to be submitted under section 1202(a) of 

16 such Act, as so amended, shall apply with respect to 

17 the first report required to be submitted under sec18 tion 1202(a) of such Act on or after the date of the 

19 enactment of this Act. The requirement to include 

20 updates to such strategy shall apply with respect to 

21 each subsequent report required to be submitted 

22 under section 1202(a) of such Act on or after the 

23 date of the enactment of this Act. 
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1 SEC. 1234. REPORT ON IMPACTS OF DRAWDOWN AUTHORI2 TIES ON THE DEPARTMENT OF DEFENSE. 

3 (a) REPORT REQUIRED.—The Secretary of Defense 

4 shall submit to the congressional defense committees and 

5 the Committee on Foreign Affairs of the House of Rep6 resentatives and the Committee on Foreign Relations of 

7 the Senate an annual report, in unclassified form but with 

8 a classified annex if necessary, on the impacts of draw9 down authorities on the Department of Defense. The re10 port required under this subsection shall be submitted con11 current with the budget submitted to Congress by the 

12 President pursuant to section 1105(a) of title 31, United 

13 States Code. 

14 (b) ELEMENTS OF REPORT.—The report required 

15 under subsection (a) shall contain the following elements: 

16 (1) A list of each drawdown for which a presi17 dential determination was issued in the preceding 

18 year. 

19 (2) A summary of the types and quantities of 

20 equipment that was provided under each drawdown 

21 in the preceding year. 

22 (3) The cost to the Department of Defense to 

23 replace any equipment transferred as part of each 

24 drawdown, not including any depreciation, in the 

25 preceding year. 
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1 (4) The cost to the Department of Defense of 

2 any other item, including fuel or services, trans3 ferred as part of each drawdown in the preceding 

4 year. 

5 (5) The total amount of funds transferred 

6 under each drawdown in the preceding year. 

7 (6) A copy of any statement of impact on readi8 ness or statement of impact on operations and main9 tenance that any military service furnished as part 

10 of the process of developing a drawdown package in 

11 the preceding year. 

12 (7) An assessment by the Secretary of Defense 

13 and the Chairman of the Joint Chiefs of Staff of the 

14 impact of transfers carried out as part of drawdowns 

15 in the previous year on— 

16 (A) the ability of the Armed Forces to 

17 meet the requirements of ongoing overseas con18 tingency operations; 

19 (B) the level of risk associated with the 

20 ability of the Armed Forces to execute the mis21 sions called for under the National Military 

22 Strategy as described in section 153(b) of title 

23 10, United States Code; 

24 (C) the ability of the Armed Forces to 

25 reset from current contingency operations; 
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1 (D) the ability of both the active and Re2 serve forces to conduct necessary training; and 

3 (E) the ability of the Reserve forces to re4 spond to domestic emergencies. 

5 (c) DEFINITIONS.—In this section: 

6 (1) DRAWDOWN.—The term ‘‘drawdown’’ 

7 means any transfer or package of transfers of equip8 ment, services, fuel, funds or any other items carried 

9 out pursuant to a presidential determination issued 

10 under a drawdown authority. 

11 (2) DRAWDOWN AUTHORITY.—The term ‘‘draw12 down authority’’ means an authority under— 

13 (A) section 506(a) (1) or (2) of the For14 eign Assistance Act of 1961 (22 U.S.C. 2318(a) 

15 (1) or (2)); 

16 (B) section 552(c)(2) of the Foreign As17 sistance Act of 1961 (22 U.S.C. 2348a(c)(2)); 

18 or 

19 (C) any other substantially similar provi20 sion of law. 

21 SEC. 1235. RISK ASSESSMENT OF UNITED STATES SPACE 

22 EXPORT CONTROL POLICY. 

23 (a) ASSESSMENT REQUIRED.—The Secretary of De24 fense and the Secretary of State shall carry out an assess25 ment of the national security risks of removing satellites 
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1 and related components from the United States Munitions 

2 List. 

3 (b) MATTERS TO BE INCLUDED.—The assessment 

4 required under subsection (a) shall included the following 

5 matters: 

6 (1) A review of the space and space-related 

7 technologies currently on the United States Muni8 tions List, to include satellite systems, dedicated 

9 subsystems, and components. 

10 (2) An assessment of the national security risks 

11 of removing certain space and space-related tech12 nologies identified under paragraph (1) from the 

13 United States Munitions List. 

14 (3) An examination of the degree to which 

15 other nations’ export control policies control or limit 

16 the export of space and space-related technologies 

17 for national security reasons. 

18 (4) Recommendations for— 

19 (A) the space and space-related tech20 nologies that should remain on, or may be can21 didates for removal from, the United States 

22 Munitions List based on the national security 

23 risk assessment required paragraph (2); 

24 (B) the safeguards and verifications nec25 essary to— 
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1 (i) prevent the proliferation and diver2 sion of such space and space-related tech3 nologies; 

4 (ii) confirm appropriate end use and 

5 end users; and 

6 (iii) minimize the risk that such space 

7 and space-related technologies could be 

8 used in foreign missile, space, or other ap9 plications that may pose a threat to the se10 curity of the United States; and 

11 (C) improvements to the space export con12 trol policy and processes of the United States 

13 that do not adversely affect national security. 

14 (c) CONSULTATION.—In conducting the assessment 

15 required under subsection (a), the Secretary of Defense 

16 and the Secretary of State may consult with the heads 

17 of other relevant departments and agencies of the United 

18 States Government as the Secretaries determine is nec19 essary. 

20 (d) REPORT.—Not later than 180 days after the date 

21 of the enactment of this Act, the Secretary of Defense and 

22 the Secretary of State shall submit to the congressional 

23 defense committees and the Committee on Foreign Affairs 

24 of the House of Representatives and the Committee on 

25 Foreign Relations of the Senate a report on the assess-
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1 ment required under subsection (a). The report shall be 

2 in unclassified form but may include a classified annex. 

3 (e) DEFINITION.—In this section, the term ‘‘United 

4 States Munitions List’’ means the list referred to in sec5 tion 38(a)(1) of the Arms Export Control Act (22 U.S.C. 

6 2778(a)(1)). 

7 SEC. 1236. PATRIOT AIR AND MISSILE DEFENSE BATTERY 

8 IN POLAND. 

9 Consistent with United States national security inter10 ests and the Declaration on Strategic Cooperation Be11 tween the United States of America and Republic of Po12 land (signed in Warsaw, Poland, on August 20, 2008), 

13 and subject to the availability of appropriations, the Sec14 retary of Defense shall seek to deploy a United States 

15 Army Patriot air and missile defense battery and the per16 sonnel required to operate and maintain such battery to 

17 Poland by 2012. 

18 SEC. 1237. REPORT ON POTENTIAL FOREIGN MILITARY 

19 SALES OF THE F–22A FIGHTER AIRCRAFT TO 

20 JAPAN. 

21 (a) REPORT REQUIRED.—Not later than 30 days 

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

23 Defense, in coordination with the Secretary of State and 

24 in consultation with the Secretary of the Air Force, shall 

25 submit to the congressional defense committees and the 
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1 Committee on Foreign Affairs of the House of Representa2 tives and the Committee on Foreign Relations of the Sen3 ate a report on potential foreign military sales of the F– 

4 22A fighter aircraft to the Government of Japan. 

5 (b) MATTERS TO BE INCLUDED.—The report re6 quired under subsection (a) should detail— 

7 (1) the cost of developing an exportable version 

8 of the F–22A fighter aircraft to the United States 

9 Government, industry, and the Government of 

10 Japan; 

11 (2) whether an exportable version of the F–22A 

12 fighter aircraft is technically feasible and executable, 

13 and the timeline for achieving such an exportable 

14 version of the aircraft; 

15 (3) the potential strategic implication for allow16 ing the sale of the F–22A fighter aircraft to Japan; 

17 (4) the impact of foreign military sales of the 

18 F–22A fighter aircraft on the United States aero19 space and aviation industry and the benefit or draw20 back such sales might have on sustaining such in21 dustry; and 

22 (5) any changes to existing law needed to allow 

23 foreign military sales of the F–22A fighter aircraft 

24 to Japan. 
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1 SEC. 1238. EXPANSION OF UNITED STATES-RUSSIAN FED2 ERATION JOINT CENTER TO INCLUDE EX3 CHANGE OF DATA ON MISSILE DEFENSE. 

4 (a) EXPANSION AUTHORIZED.—In conjunction with 

5 the Government of the Russian Federation, the Secretary 

6 of Defense may expand the United States-Russian Fed7 eration joint center for the exchange of data from early 

8 warning systems for launches of ballistic missiles, as es9 tablished pursuant to section 1231 of the Floyd D. Spence 

10 National Defense Authorization Act for Fiscal Year 2001 

11 (as enacted into law by Public Law 106–398; 114 Stat. 

12 1654A–329), to include the exchange of data on missile 

13 defense-related activities. 

14 (b) REPORT REQUIRED.—Not later than 30 days 

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

16 of Defense shall submit to the Committees on Armed Serv17 ices of the Senate and House of Representatives a report 

18 on plans for expansion of the joint data exchange center. 

19 (c) AUTHORIZATION OF APPROPRIATIONS.—Of the 

20 amount authorized to be appropriated pursuant to section 

21 201(1) for research, development, test, and evaluation for 

22 the Army, $5,000,000, to be derived from PE 0604869A, 

23 shall be available to carry out this section. 
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1 SEC. 1239. LIMITATION ON FUNDS TO IMPLEMENT REDUC2 TIONS IN THE STRATEGIC NUCLEAR FORCES 

3 OF THE UNITED STATES PURSUANT TO ANY 

4 TREATY OR OTHER AGREEMENT WITH THE 

5 RUSSIAN FEDERATION. 

6 (a) FINDINGS.—Congress makes the following find7 ings: 

8 (1) In the Joint Statement by President 

9 Dmitriy Medvedev of the Russian Federation and 

10 President Barack Obama of the United States of 

11 America after their meeting in London, England on 

12 April 1, 2009, the two Presidents agreed ‘‘to pursue 

13 new and verifiable reductions in our strategic offen14 sive arsenals in a step-by-step process, beginning by 

15 replacing the Strategic Arms Reduction Treaty with 

16 a new, legally-binding treaty.’’. 

17 (2) At that meeting, the two Presidents in18 structed their negotiators to reach an agreement 

19 that ‘‘will mutually enhance the security of the Par20 ties and predictability and stability in strategic of21 fensive forces, and will include effective verification 

22 measures drawn from the experience of the Parties 

23 in implementing the START Treaty.’’. 

24 (3) Subsequently, on April 5, 2009, in a speech 

25 in Prague, the Czech Republic, President Obama 

26 proclaimed: ‘‘Iran’s nuclear and ballistic missile ac-
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1 tivity poses a real threat, not just to the United 

2 States, but to Iran’s neighbors and our allies. The 

3 Czech Republic and Poland have been courageous in 

4 agreeing to host a defense against these missiles. As 

5 long as the threat from Iran persists, we will go for6 ward with a missile defense system that is cost-effec7 tive and proven.’’. 

8 (4) President Obama also said: ‘‘As long as 

9 these [nuclear] weapons exist, the United States will 

10 maintain a safe, secure and effective arsenal to deter 

11 any adversary, and guarantee that defense to our al12 lies—including the Czech Republic. But we will 

13 begin the work of reducing our arsenal.’’. 

14 (b) LIMITATION.—Funds authorized to be appro15 priated by this Act or otherwise made available to the De16 partment of Defense for fiscal year 2010 may be obligated 

17 or expended to implement reductions in the strategic nu18 clear forces of the United States pursuant to any treaty 

19 or other agreement entered into between the United States 

20 and the Russian Federation on strategic nuclear forces 

21 after the date of enactment of this Act only if the Presi22 dent certifies to Congress that— 

23 (1) the treaty or other agreement provides for 

24 sufficient mechanisms to verify compliance with the 

25 treaty or agreement; 
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1 (2) the treaty or other agreement does not 

2 place limitations on the ballistic missile defense sys3 tems, space capabilities, or advanced conventional 

4 weapons of the United States; and 

5 (3) the fiscal year 2011 budget request for pro6 grams of the Department of Energy’s National Nu7 clear Security Administration will be sufficiently 

8 funded to— 

9 (A) maintain the reliability, safety, and se10 curity of the remaining strategic nuclear forces 

11 of the United States; and 

12 (B) modernize and refurbish the nuclear 

13 weapons complex. 

14 (c) REPORT.—Not later than 90 days after the date 

15 of the enactment of this Act, the President shall transmit 

16 to the congressional committees specified in subsection (d) 

17 a report on the stockpiles of strategic and non-strategic 

18 weapons of the United States and the Russian Federation. 

19 (d) SPECIFIED CONGRESSIONAL COMMITTEES.—The 

20 congressional committees specified in this subsection are 

21 the following: 

22 (1) The Committee on Armed Services and the 

23 Committee on Foreign Affairs of the House of Rep24 resentatives. 
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1 (2) The Committee on Armed Services and the 

2 Committee on Foreign Relations of the Senate. 

3 (e) DEFINITION.—For the purposes of this section, 

4 the term ‘‘advanced conventional weapons’’ means any ad5 vanced weapons system that has been specifically designed 

6 not to carry a nuclear payload. 

7 SEC. 1240. MAP OF MINERAL-RICH ZONES AND AREAS 

8 UNDER THE CONTROL OF ARMED GROUPS IN 

9 DEMOCRATIC REPUBLIC OF THE CONGO. 

10 (a) IN GENERAL.—Not later than 120 days after the 

11 date of the enactment of this Act, the Secretary of De12 fense, in consultation with the Secretary of State, shall, 

13 consistent with the recommendation from the United Na14 tions Group of Experts on the Democratic Republic of the 

15 Congo in their December 2008 report, work with other 

16 member states of the United Nations and local and inter17 national nongovernmental organizations— 

18 (1) to produce a map of mineral-rich zones and 

19 areas under the control of armed groups in the 

20 Democratic Republic of the Congo; and 

21 (2) to make such map available to the public. 

22 The map required under this subsection shall be known 

23 as the ‘‘Congo Conflict Minerals Map’’. Mines located in 

24 areas under the control of armed groups in the Democratic 
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1 Republic of the Congo, as depicted on the Congo Conflict 

2 Minerals Map, shall be known as ‘‘conflict zone mines’’. 

3 (b) UPDATES.—The Secretary of Defense, in con4 sultation with the Secretary of State, shall update the map 

5 required by subsection (a) not less frequently than once 

6 every 180 days until the Secretary of Defense certifies 

7 that no armed party to any ongoing armed conflict in the 

8 Democratic Republic of the Congo or any other country 

9 is involved in the mining, sale, or export of columbite-tan10 talite, cassiterite, wolframite, or gold, or the control there11 of, or derives benefits from such activities. 

12 SEC. 1241. SENSE OF CONGRESS RELATING TO THE STATE 

13 OF ISRAEL. 

14 It is the sense of Congress that— 

15 (1) the State of Israel is one of the strongest 

16 allies of the United States; 

17 (2) Israel and the United States face many 

18 common enemies; and 

19 (3) the United States should continue to work 

20 with Israeli Prime Minister Netanyahu, the Israeli 

21 Government, and the people of Israel to ensure that 

22 Israel continues to receive critical military assist23 ance, including missile defense capabilities, needed 

24 to address existential threats. 
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1 TITLE XIII—COOPERATIVE 

2 THREAT REDUCTION 

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

Sec. 1302. Funding allocations. 

Sec. 1303. Utilization of contributions to the Cooperative Threat Reduction 

Program. 

Sec. 1304. National Academy of Sciences study of metrics for the Cooperative 

Threat Reduction Program. 

Sec. 1305. Cooperative Threat Reduction program authority for urgent threat 

reduction activities. 

Sec. 1306. Cooperative Threat Reduction Defense and Military Contacts Program. 

3 SEC. 1301. SPECIFICATION OF COOPERATIVE THREAT RE4 DUCTION PROGRAMS AND FUNDS. 

5 (a) SPECIFICATION OF COOPERATIVE THREAT RE6 DUCTION PROGRAMS.—For purposes of section 301 and 

7 other provisions of this Act, Cooperative Threat Reduction 

8 programs are the programs specified in section 1501 of 

9 the National Defense Authorization Act for Fiscal Year 

10 1997 (50 U.S.C. 2362 note). 

11 (b) FISCAL YEAR 2010 COOPERATIVE THREAT RE12 DUCTION FUNDS DEFINED.—As used in this title, the 

13 term ‘‘fiscal year 2010 Cooperative Threat Reduction 

14 funds’’ means the funds appropriated pursuant to the au15 thorization of appropriations in section 301 for Coopera16 tive Threat Reduction programs. 

17 (c) AVAILABILITY OF FUNDS.—Funds appropriated 

18 pursuant to the authorization of appropriations in section 

19 301 for Cooperative Threat Reduction programs shall be 
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1 available for obligation for fiscal years 2010, 2011, and 

2 2012. 

3 SEC. 1302. FUNDING ALLOCATIONS. 

4 (a) FUNDING FOR SPECIFIC PURPOSES.—Of the 

5 $434,093,000 authorized to be appropriated to the De6 partment of Defense for fiscal year 2010 in section 

7 301(20) for Cooperative Threat Reduction programs, the 

8 following amounts may be obligated for the purposes spec9 ified: 

10 (1) For strategic offensive arms elimination in 

11 Russia, $66,385,000. 

12 (2) For strategic nuclear arms elimination in 

13 Ukraine, $6,800,000. 

14 (3) For nuclear weapons storage security in 

15 Russia, $15,090,000. 

16 (4) For nuclear weapons transportation security 

17 in Russia, $46,400,000. 

18 (5) For weapons of mass destruction prolifera19 tion prevention in the states of the former Soviet 

20 Union, $90,886,000. 

21 (6) For biological threat reduction in the 

22 former Soviet Union, $152,132,000. 

23 (7) For chemical weapons destruction, 

24 $1,000,000. 
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1 (8) For defense and military contacts, 

2 $5,000,000. 

3 (9) For new Cooperative Threat Reduction ini4 tiatives, $29,000,000. 

5 (10) For activities designated as Other Assess6 ments/Administrative Costs, $21,400,000. 

7 (b) REPORT ON OBLIGATION OR EXPENDITURE OF

8 FUNDS FOR OTHER PURPOSES.—No fiscal year 2010 Co9 operative Threat Reduction funds may be obligated or ex10 pended for a purpose other than a purpose listed in para11 graphs (1) through (10) of subsection (a) until 30 days 

12 after the date that the Secretary of Defense submits to 

13 Congress a report on the purpose for which the funds will 

14 be obligated or expended and the amount of funds to be 

15 obligated or expended. Nothing in the preceding sentence 

16 shall be construed as authorizing the obligation or expend17 iture of fiscal year 2010 Cooperative Threat Reduction 

18 funds for a purpose for which the obligation or expendi19 ture of such funds is specifically prohibited under this title 

20 or any other provision of law. 

21 (c) LIMITED AUTHORITY TO VARY INDIVIDUAL

22 AMOUNTS.— 

23 (1) IN GENERAL.—Subject to paragraph (2), in 

24 any case in which the Secretary of Defense deter25 mines that it is necessary to do so in the national 
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1 interest, the Secretary may obligate amounts appro2 priated for fiscal year 2010 for a purpose listed in 

3 paragraphs (1) through (10) of subsection (a) in ex4 cess of the specific amount authorized for that pur5 pose. 

6 (2) NOTICE-AND-WAIT REQUIRED.—An obliga7 tion of funds for a purpose stated in paragraphs (1) 

8 through (10) of subsection (a) in excess of the spe9 cific amount authorized for such purpose may be 

10 made using the authority provided in paragraph (1) 

11 only after— 

12 (A) the Secretary submits to Congress no13 tification of the intent to do so together with a 

14 complete discussion of the justification for 

15 doing so; and 

16 (B) 15 days have elapsed following the 

17 date of the notification. 

18 SEC. 1303. UTILIZATION OF CONTRIBUTIONS TO THE COOP19 ERATIVE THREAT REDUCTION PROGRAM. 

20 (a) IN GENERAL.—The Secretary of Defense, in con21 sultation with the Secretary of State, may enter into one 

22 or more agreements with any person (including a foreign 

23 government, international organization, multinational en24 tity, non-governmental organization, or individual) that 

25 the Secretary of Defense considers appropriate, under 
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1 which the person contributes funds for activities conducted 

2 under the Cooperative Threat Reduction Program of the 

3 Department of Defense. 

4 (b) RETENTION AND USE OF AMOUNTS.—Subject to 

5 the availability of appropriations, the Secretary of Defense 

6 may retain and use amounts contributed under an agree7 ment under subsection (a) for purposes of the Cooperative 

8 Threat Reduction Program of the Department of Defense. 

9 Amounts so contributed shall be retained in a separate 

10 fund established in the Treasury for such purposes, sub11 ject to the availability of appropriations, consistent with 

12 an agreement under subsection (a). 

13 (c) RETURN OF AMOUNTS NOT USED WITHIN FIVE

14 YEARS.—If an amount contributed under an agreement 

15 under subsection (a) is not used under this section within 

16 five years after it was contributed, the Secretary of De17 fense shall return that amount to the person who contrib18 uted it. 

19 (d) QUARTERLY REPORTS.— 

20 (1) IN GENERAL.—Not later than 90 days after 

21 the date of the enactment of this Act, and every 90 

22 days thereafter, the Secretary of Defense shall sub23 mit to the appropriate congressional committees a 

24 report on the receipt and use of amounts under this 
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1 section during the period covered by the report. 

2 Each report shall set forth— 

3 (A) a statement of any amounts received 

4 under this section, including, for each such 

5 amount, the value of the contribution and the 

6 person who contributed it; 

7 (B) a statement of any amounts used 

8 under this section, including, for each such 

9 amount, the purposes for which the amount was 

10 used; and 

11 (C) a statement of the amounts retained 

12 but not used under this section including, for 

13 each such amount, the purposes (if known) for 

14 which the Secretary intends to use the amount. 

15 (2) IMPLEMENTATION PLAN.—In addition to 

16 the statements described in subparagraphs (A) 

17 through (C) of paragraph (1), the first report sub18 mitted under such paragraph shall include an imple19 mentation plan for the authority provided under this 

20 section. 

21 (e) EXPIRATION.—The authority to accept contribu22 tions under this section shall expire on December 31, 

23 2012. The authority to retain and use contributions under 

24 this section shall expire on December 31, 2015. 
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1 (f) APPROPRIATE CONGRESSIONAL COMMITTEES DE2 FINED.—In this section, the term ‘‘appropriate congres3 sional committees’’ means— 

4 (1) the Committee on Armed Services, the 

5 Committee on Appropriations, and the Committee on 

6 Foreign Affairs of the House of Representatives; 

7 and 

8 (2) the Committee on Armed Services, the 

9 Committee on Appropriations, and the Committee on 

10 Foreign Relations of the Senate. 

11 SEC. 1304. NATIONAL ACADEMY OF SCIENCES STUDY OF 

12 METRICS FOR THE COOPERATIVE THREAT 

13 REDUCTION PROGRAM. 

14 (a) STUDY REQUIRED.—Not later than 60 days after 

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

16 Defense shall enter into an arrangement with the National 

17 Academy of Sciences under which the Academy shall carry 

18 out a study to identify metrics to measure the impact and 

19 effectiveness of activities under the Cooperative Threat 

20 Reduction Program of the Department of Defense to ad21 dress threats arising from the proliferation of chemical, 

22 nuclear, and biological weapons and weapons-related ma23 terials, technologies, and expertise. 

24 (b) SUBMISSION OF NATIONAL ACADEMY OF

25 SCIENCES REPORT.—The National Academy of Sciences 
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1 shall submit to Congress and the Secretary of Defense a 

2 report on the results of the study carried out under sub3 section (a). 

4 (c) SECRETARY OF DEFENSE REPORT.— 

5 (1) IN GENERAL.—Not later than 90 days after 

6 receipt of the report required by subsection (b), the 

7 Secretary shall submit to Congress a report on the 

8 study carried out under subsection (a). 

9 (2) MATTERS TO BE INCLUDED.—The report 

10 under paragraph (1) shall include the following: 

11 (A) A summary of the results of the study 

12 carried out under subsection (a). 

13 (B) An assessment by the Secretary of the 

14 study. 

15 (C) A statement of the actions, if any, to 

16 be undertaken by the Secretary to implement 

17 any recommendations in the study. 

18 (3) FORM.—The report under paragraph (1) 

19 shall be submitted in unclassified form, but may in20 clude a classified annex. 

21 (d) FUNDING.—Of the amounts appropriated pursu22 ant to the authorization of appropriations in section 

23 301(20) or otherwise made available for Cooperative 

24 Threat Reduction Programs for fiscal year 2010, not more 
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1 than $1,000,000 may be obligated or expended to carry 

2 out this section. 

3 SEC. 1305. COOPERATIVE THREAT REDUCTION PROGRAM 

4 AUTHORITY FOR URGENT THREAT REDUC5 TION ACTIVITIES. 

6 (a) IN GENERAL.—Subject to the notification re7 quirement under subsection (b), not more than 10 percent 

8 of the total amounts appropriated or otherwise made avail9 able in any fiscal year for the Cooperative Threat Reduc10 tion Program of the Department of Defense may be ex11 pended, notwithstanding any provision of law identified 

12 pursuant to subsection (b)(2)(B), for activities described 

13 under subsection (b)(1)(A). 

14 (b) DETERMINATION AND NOTICE.— 

15 (1) DETERMINATION.—The Secretary of De16 fense, in consultation with the Secretary of State, 

17 may make a written determination that— 

18 (A) certain activities of the Cooperative 

19 Threat Reduction Program of the Department 

20 of Defense are urgently needed to address 

21 threats arising from the proliferation of chem22 ical, nuclear, and biological weapons or weap23 ons-related materials, technologies, and exper24 tise; 
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1 (B) certain provisions of law would unnec2 essarily impede the Secretary’s ability to carry 

3 out such activities; and 

4 (C) it is necessary to expend amounts de5 scribed in subsection (a) to carry out such ac6 tivities. 

7 (2) NOTICE REQUIRED.—Not later than 15 

8 days before expending funds under the authority 

9 provided in subsection (a), the Secretary of Defense 

10 shall notify the appropriate congressional committees 

11 of the determination made under paragraph (1). The 

12 notice shall include— 

13 (A) the determination; 

14 (B) an identification of each provision of 

15 law the Secretary determines would unneces16 sarily impede the Secretary’s ability to carry 

17 out the activities described under paragraph 

18 (1)(A); 

19 (C) the activities of the Cooperative Threat 

20 Reduction Program to be undertaken pursuant 

21 to the determination; 

22 (D) the expected time frame for such ac23 tivities; and 

24 (E) the expected costs of such activities. 
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1 (c) APPROPRIATE CONGRESSIONAL COMMITTEES.— 

2 In this section, the term ‘‘appropriate congressional com3 mittees’’ means— 

4 (1) the Committee on Foreign Affairs, the 

5 Committee on Armed Services, and the Committee 

6 on Appropriations of the House of Representatives; 

7 and 

8 (2) the Committee on Foreign Relations, the 

9 Committee on Armed Services, and the Committee 

10 on Appropriations of the Senate. 

11 SEC. 1306. COOPERATIVE THREAT REDUCTION DEFENSE 

12 AND MILITARY CONTACTS PROGRAM. 

13 The Secretary of Defense shall ensure the following: 

14 (1) The Defense and Military Contacts Pro15 gram under the Cooperative Threat Reduction Pro16 gram of the Department of Defense— 

17 (A) is strategically used to advance the 

18 mission of the Cooperative Threat Reduction 

19 Program; 

20 (B) is focused and expanded to support 

21 specific relationship-building opportunities, 

22 which could lead to Cooperative Threat Reduc23 tion Program development in new geographic 

24 areas and achieve other Cooperative Threat Re25 duction Program benefits; 
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1 (C) is directly administered as part of the 

2 Cooperative Threat Reduction Program; and 

3 (D) includes, within an overall strategic 

4 framework, cooperation and coordination 

5 with— 

6 (i) the unified combatant commands 

7 that operate in areas in which Cooperative 

8 Threat Reduction activities are carried out; 

9 and 

10 (ii) related diplomatic efforts. 

11 (2) Beginning with fiscal year 2010, the strat12 egy and activities of the Defense and Military Con13 tacts Program, in accordance with this section, are 

14 included in the Cooperative Threat Reduction An15 nual Report to Congress for each fiscal year, as re16 quired by section 1308 of the Floyd D. Spence Na17 tional Defense Authorization Act for fiscal year 

18 2001 (as enacted into law by Public Law 106–398; 

19 114 Stat. 1654A–341; 22 U.S.C. 5959 note). 

20 TITLE XIV—OTHER 

21 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. 

Subtitle B—National Defense Stockpile 
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Sec. 1411. Authorized uses of National Defense Stockpile funds. 

Sec. 1412. Extension of previously authorized disposal of cobalt from National 

Defense Stockpile. 

Sec. 1413. Report on implementation of reconfiguration of the National Defense Stockpile. 

Subtitle C—Armed Forces Retirement Home 

Sec. 1421. Authorization of appropriations for Armed Forces Retirement 

Home. 

1 Subtitle A—Military Programs 

2 SEC. 1401. WORKING CAPITAL FUNDS. 

3 Funds are hereby authorized to be appropriated for 

4 fiscal year 2010 for the use of the Armed Forces and other 

5 activities and agencies of the Department of Defense for 

6 providing capital for working capital and revolving funds 

7 in amounts as follows: 

8 (1) For the Defense Working Capital Funds, 

9 $141,388,000. 

10 (2) For the Defense Working Capital Fund, 

11 Defense Commissary, $1,313,616,000. 

12 SEC. 1402. NATIONAL DEFENSE SEALIFT FUND. 

13 Funds are hereby authorized to be appropriated for 

14 the fiscal year 2010 for the National Defense Sealift Fund 

15 in the amount of $1,702,758,000. 

16 SEC. 1403. DEFENSE HEALTH PROGRAM. 

17 Funds are hereby authorized to be appropriated for 

18 the Department of Defense for fiscal year 2010 for ex19 penses, not otherwise provided for, for the Defense Health 

20 Program, in the amount of $26,963,187,000, of which— 
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1 (1) $26,292,463,000 is for Operation and 

2 Maintenance; 

3 (2) $493,192,000 is for Research, Development, 

4 Test, and Evaluation; and 

5 (3) $177,532,000 is for Procurement. 

6 SEC. 1404. CHEMICAL AGENTS AND MUNITIONS DESTRUC7 TION, DEFENSE. 

8 (a) AUTHORIZATION OF APPROPRIATIONS.—Funds 

9 are hereby authorized to be appropriated for the Depart10 ment of Defense for fiscal year 2010 for expenses, not oth11 erwise provided for, for Chemical Agents and Munitions 

12 Destruction, Defense, in the amount of $1,560,760,000, 

13 of which— 

14 (1) $1,146,802,000 is for Operation and Main15 tenance; 

16 (2) $401,269,000 is for Research, Development, 

17 Test, and Evaluation; and 

18 (3) $12,689,000 is for Procurement. 

19 (b) USE.—Amounts authorized to be appropriated 

20 under subsection (a) are authorized for— 

21 (1) the destruction of lethal chemical agents 

22 and munitions in accordance with section 1412 of 

23 the Department of Defense Authorization Act, 1986 

24 (50 U.S.C. 1521); and 
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1 (2) the destruction of chemical warfare materiel 

2 of the United States that is not covered by section 

3 1412 of such Act. 

4 SEC. 1405. DRUG INTERDICTION AND COUNTER-DRUG AC5 TIVITIES, DEFENSE-WIDE. 

6 Funds are hereby authorized to be appropriated for 

7 the Department of Defense for fiscal year 2010 for ex8 penses, not otherwise provided for, for Drug Interdiction 

9 and Counter-Drug Activities, Defense-wide, in the amount 

10 of $1,050,984,000. 

11 SEC. 1406. DEFENSE INSPECTOR GENERAL. 

12 Funds are hereby authorized to be appropriated for 

13 the Department of Defense for fiscal year 2010 for ex14 penses, not otherwise provided for, for the Office of the 

15 Inspector General of the Department of Defense, in the 

16 amount of $279,224,000, of which— 

17 (1) $278,224,000 is for Operation and Mainte18 nance; and 

19 (2) $1,000,000 is for Procurement. 

20 Subtitle B—National Defense 

21 Stockpile 

22 SEC. 1411. AUTHORIZED USES OF NATIONAL DEFENSE 

23 STOCKPILE FUNDS. 

24 (a) OBLIGATION OF STOCKPILE FUNDS.—During fis25 cal year 2010, the National Defense Stockpile Manager 
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1 may obligate up to $41,179,000 of the funds in the Na2 tional Defense Stockpile Transaction Fund established 

3 under subsection (a) of section 9 of the Strategic and Crit4 ical Materials Stock Piling Act (50 U.S.C. 98h) for the 

5 authorized uses of such funds under subsection (b)(2) of 

6 such section, including the disposal of hazardous materials 

7 that are environmentally sensitive. 

8 (b) ADDITIONAL OBLIGATIONS.—The National De9 fense Stockpile Manager may obligate amounts in excess 

10 of the amount specified in subsection (a) if the National 

11 Defense Stockpile Manager notifies Congress that extraor12 dinary or emergency conditions necessitate the additional 

13 obligations. The National Defense Stockpile Manager may 

14 make the additional obligations described in the notifica15 tion after the end of the 45-day period beginning on the 

16 date on which Congress receives the notification. 

17 (c) LIMITATIONS.—The authorities provided by this 

18 section shall be subject to such limitations as may be pro19 vided in appropriations Acts. 

20 SEC. 1412. EXTENSION OF PREVIOUSLY AUTHORIZED DIS21 POSAL OF COBALT FROM NATIONAL DE22 FENSE STOCKPILE. 

23 Section 3305(a)(5) of the National Defense Author24 ization Act for Fiscal Year 1998 (Public Law 105–85; 50 

25 U.S.C. 98d note), as most recently amended by section 
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1 1412(b) of the Duncan Hunter National Defense Author2 ization Act for Fiscal Year 2009 (Public Law 110–417; 

3 122 Stat. 4648), is amended by striking ‘‘during fiscal 

4 year 2009’’ and inserting ‘‘by the end of fiscal year 2011’’. 

5 SEC. 1413. REPORT ON IMPLEMENTATION OF RECONFIG6 URATION OF THE NATIONAL DEFENSE 

7 STOCKPILE. 

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

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

10 of Defense shall submit to the Committees on Armed Serv11 ices of the Senate and House of Representatives a report 

12 on any actions the Secretary plans to take in response to 

13 the recommendations in the April 2009 report entitled 

14 ‘‘Reconfiguration of the National Defense Stockpile Re15 port to Congress’’ submitted by the Under Secretary of 

16 Defense for Acquisition, Logistics, and Technology, as re17 quired by House Report 109–89, House Report 109–452, 

18 and Senate Report 110–115. 

19 (b) CONGRESSIONAL NOTIFICATION.—The Secretary 

20 may not take any action regarding the implementation of 

21 any initiative recommended in the report required under 

22 subsection (a) until 45 days after the Secretary submits 

23 to the congressional defense committees such report. 
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1 Subtitle C—Armed Forces 

2 Retirement Home 

3 SEC. 1421. AUTHORIZATION OF APPROPRIATIONS FOR 

4 ARMED FORCES RETIREMENT HOME. 

5 There is authorized to be appropriated for fiscal year 

6 2010 from the Armed Forces Retirement Home Trust 

7 Fund the sum of $134,000,000 for the operation of the 

8 Armed Forces Retirement Home. 

9 TITLE XV—AUTHORIZATION OF 

10 ADDITIONAL APPROPRIA11 TIONS FOR OVERSEAS CON12 TINGENCY OPERATIONS 

Sec. 1501. Purpose. 

Sec. 1502. Army procurement. 

Sec. 1503. Joint Improvised Explosive Device Defeat Fund. 

Sec. 1504. Limitation on obligation of funds for Joint Improvised Explosive 

Device Defeat Organization pending report to Congress. 

Sec. 1505. Navy and Marine Corps procurement. 

Sec. 1506. Air Force procurement. 

Sec. 1507. Defense-wide activities procurement. 

Sec. 1508. Mine Resistant Ambush Protected Vehicle Fund. 

Sec. 1509. Research, development, test, and evaluation. 

Sec. 1510. Operation and maintenance. 

Sec. 1511. Working capital funds. 

Sec. 1512. Military personnel. 

Sec. 1513. Afghanistan Security Forces Fund. 

Sec. 1514. Iraq Freedom Fund. 

Sec. 1515. Other Department of Defense programs. 

Sec. 1516. Limitations on Iraq Security Forces Fund. 

Sec. 1517. Continuation of prohibition on use of United States funds for certain facilities projects in Iraq. 

Sec. 1518. Special transfer authority. 

Sec. 1519. Treatment as additional authorizations. 

13 SEC. 1501. PURPOSE. 

14 The purpose of this title is to authorize appropria15 tions for the Department of Defense for fiscal year 2010 
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1 to provide additional funds for overseas contingency oper2 ations being carried out by the Armed Forces. 

3 SEC. 1502. ARMY PROCUREMENT. 

4 Funds are hereby authorized to be appropriated for 

5 fiscal year 2010 for procurement accounts of the Army 

6 in amounts as follows: 

7 (1) For aircraft procurement, $1,976,474,000. 

8 (2) For ammunition procurement, 

9 $370,635,000. 

10 (3) For weapons and tracked combat vehicles 

11 procurement, $874,466,000. 

12 (4) For missile procurement, $531,570,000. 

13 (5) For other procurement, $6,021,786,000. 

14 SEC. 1503. JOINT IMPROVISED EXPLOSIVE DEVICE DEFEAT 

15 FUND. 

16 (a) AUTHORIZATION OF APPROPRIATIONS.—Funds 

17 are hereby authorized to be appropriated for fiscal year 

18 2010 for the Joint Improvised Explosive Device Defeat 

19 Fund in the amount of $1,435,000,000. 

20 (b) USE AND TRANSFER OF FUNDS.—Subsections 

21 (b) and (c) of section 1514 of the John Warner National 

22 Defense Authorization Act for Fiscal Year 2007 (Public 

23 Law 109–364; 120 Stat. 2439), as amended by section 

24 1503 of the Duncan Hunter National Defense Authoriza25 tion Act for Fiscal Year 2009 (Public Law 110–417; 122 
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1 Stat. 4649), shall apply to the funds appropriated pursu2 ant to the authorization of appropriations in subsection 

3 (a) and made available to the Department of Defense for 

4 the Joint Improvised Explosive Device Defeat Fund. 

5 (c) MONTHLY OBLIGATIONS AND EXPENDITURE RE6 PORTS.—Not later than 15 days after the end of each 

7 month of fiscal year 2010, the Secretary of Defense shall 

8 provide to the congressional defense committees a report 

9 on the Joint Improvised Explosive Device Defeat Fund ex10 plaining monthly commitments, obligations, and expendi11 tures by line of action. 

12 SEC. 1504. LIMITATION ON OBLIGATION OF FUNDS FOR 

13 JOINT IMPROVISED EXPLOSIVE DEVICE DE14 FEAT ORGANIZATION PENDING REPORT TO 

15 CONGRESS. 

16 (a) LIMITATION.—Of the amounts remaining unobli17 gated as of the date of the enactment of this Act from 

18 amounts described in subsection (b) for the Joint Impro19 vised Explosive Device Defeat Organization (in this sec20 tion referred to as ‘‘JIEDDO’’), not more than 50 percent 

21 of such remaining amounts may be obligated until 

22 JIEDDO submits to the congressional defense committees 

23 a report containing the following information regarding 

24 projects funded for fiscal years 2008, 2009, and 2010: 
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1 (1) A description of the purpose, funding, and 

2 schedule of the project. 

3 (2) A description of related projects. 

4 (3) An acquisition strategy. 

5 (b) COVERED AUTHORIZATION OF APPROPRIA6 TIONS.—The limitation contained in subsection (a) applies 

7 with respect to amounts made available pursuant to the 

8 authorization of appropriations— 

9 (1) in section 1503 of the Duncan Hunter Na10 tional Defense Authorization Act for Fiscal Year 

11 2009 (Public Law 110–417; 122 Stat. 4649); and 

12 (2) in section 1503(a) of this Act. 

13 (c) WAIVER.—The Secretary of Defense may waive 

14 the limitation in subsection (a) if the Secretary determines 

15 that the waiver is necessary to fulfill a critical need by 

16 United States military forces deployed in overseas contin17 gency operations. The Secretary shall notify the congres18 sional defense committees of any waiver granted under 

19 this subsection and the reasons for the waiver. 

20 SEC. 1505. NAVY AND MARINE CORPS PROCUREMENT. 

21 Funds are hereby authorized to be appropriated for 

22 fiscal year 2010 for procurement accounts of the Navy and 

23 Marine Corps in amounts as follows: 

24 (1) For aircraft procurement, Navy, 

25 $916,553,000. 
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1 (2) For weapons procurement, Navy, 

2 $73,700,000. 

3 (3) For ammunition procurement, Navy and 

4 Marine Corps, $710,780,000. 

5 (4) For other procurement, Navy, 

6 $318,018,000. 

7 (5) For procurement, Marine Corps, 

8 $1,164,445,000. 

9 SEC. 1506. AIR FORCE PROCUREMENT. 

10 Funds are hereby authorized to be appropriated for 

11 fiscal year 2010 for procurement accounts of the Air 

12 Force in amounts as follows: 

13 (1) For aircraft procurement, $1,151,776,000. 

14 (2) For ammunition procurement, 

15 $256,819,000. 

16 (3) For missile procurement, $36,625,000. 

17 (4) For other procurement, $2,321,549,000. 

18 SEC. 1507. DEFENSE-WIDE ACTIVITIES PROCUREMENT. 

19 Funds are hereby authorized to be appropriated for 

20 fiscal year 2010 for the procurement account for Defense21 wide in the amount of $799,830,000. 
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1 SEC. 1508. MINE RESISTANT AMBUSH PROTECTED VEHICLE 

2 FUND. 

3 Funds are hereby authorized to be appropriated for 

4 fiscal year 2010 for the Mine Resistant Ambush Protected 

5 Vehicle Fund in the amount of $5,456,000,000. 

6 SEC. 1509. RESEARCH, DEVELOPMENT, TEST, AND EVALUA7 TION. 

8 Funds are hereby authorized to be appropriated for 

9 fiscal year 2010 for the use of the Department of Defense 

10 for research, development, test, and evaluation as follows: 

11 (1) For the Army, $57,962,000. 

12 (2) For the Navy, $107,180,000. 

13 (3) For the Air Force, $29,286,000. 

14 (4) For Defense-wide activities, $215,826,000. 

15 SEC. 1510. OPERATION AND MAINTENANCE. 

16 Funds are hereby authorized to be appropriated for 

17 fiscal year 2010 for the use of the Armed Forces for ex18 penses, not otherwise provided for, for operation and 

19 maintenance, in amounts as follows: 

20 (1) For the Army, $51,970,661,000. 

21 (2) For the Navy, $6,219,583,000. 

22 (3) For the Marine Corps, $3,701,600,000. 

23 (4) For the Air Force, $10,152,068,000. 

24 (5) For Defense-wide activities, 

25 $7,578,300,000. 

26 (6) For the Army Reserve, $204,326,000. 
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1 (7) For the Navy Reserve, $68,059,000 

2 (8) For the Marine Corps Reserve, 

3 $86,667,000. 

4 (9) For the Air Force Reserve, $125,925,000. 

5 (10) For the Army National Guard, 

6 $321,646,000. 

7 (11) For the Air National Guard, 

8 $289,862,000. 

9 SEC. 1511. WORKING CAPITAL FUNDS. 

10 Funds are hereby authorized to be appropriated for 

11 fiscal year 2010 for the use of the Armed Forces and other 

12 activities and agencies of the Department of Defense for 

13 providing capital for working capital and revolving funds 

14 in the amount of $396,915,000. 

15 SEC. 1512. MILITARY PERSONNEL. 

16 Funds are hereby authorized to be appropriated for 

17 fiscal year 2010 to the Department of Defense for military 

18 personnel accounts in the total amount of 

19 $13,586,341,000. 

20 SEC. 1513. AFGHANISTAN SECURITY FORCES FUND. 

21 (a) AUTHORIZATION OF APPROPRIATIONS.—Funds 

22 are hereby authorized to be appropriated for fiscal year 

23 2010 for the Afghanistan Security Forces Fund in the 

24 amount of $7,462,769,000. 
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1 (b) LIMITATION.—Funds appropriated pursuant to 

2 the authorization of appropriations in subsection (a) or in 

3 any other Act and made available to the Department of 

4 Defense for the Afghanistan Security Forces Fund shall 

5 be subject to the conditions contained in subsections (b) 

6 through (g) of section 1513 of the National Defense Au7 thorization Act for Fiscal Year 2008 (Public Law 110– 

8 181; 122 Stat. 428). 

9 SEC. 1514. IRAQ FREEDOM FUND. 

10 (a) AUTHORIZATION OF APPROPRIATIONS.—Funds 

11 are hereby authorized to be appropriated for fiscal year 

12 2010 for the Iraq Freedom Fund in the amount of 

13 $115,300,000. 

14 (b) TRANSFER.— 

15 (1) TRANSFER AUTHORIZED.—Subject to para16 graph (2), amounts authorized to be appropriated by 

17 subsection (a) may be transferred from the Iraq 

18 Freedom Fund to any accounts as follows: 

19 (A) Operation and maintenance accounts 

20 of the Armed Forces. 

21 (B) Military personnel accounts. 

22 (C) Research, development, test, and eval23 uation accounts of the Department of Defense. 

24 (D) Procurement accounts of the Depart25 ment of Defense. 
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1 (E) Accounts providing funding for classi2 fied programs. 

3 (F) The operating expenses account of the 

4 Coast Guard. 

5 (2) NOTICE TO CONGRESS.—A transfer may not 

6 be made under the authority in paragraph (1) until 

7 five days after the date on which the Secretary of 

8 Defense notifies the congressional defense commit9 tees in writing of the transfer. 

10 (3) TREATMENT OF TRANSFERRED FUNDS.— 

11 Amounts transferred to an account under the au12 thority in paragraph (1) shall be merged with 

13 amounts in such account and shall be made available 

14 for the same purposes, and subject to the same con15 ditions and limitations, as amounts in such account. 

16 (4) EFFECT ON AUTHORIZATION AMOUNTS.—A 

17 transfer of an amount to an account under the au18 thority in paragraph (1) shall be deemed to increase 

19 the amount authorized for such account by an 

20 amount equal to the amount transferred. 

21 SEC. 1515. OTHER DEPARTMENT OF DEFENSE PROGRAMS. 

22 (a) DEFENSE HEALTH PROGRAM.—Funds are here23 by authorized to be appropriated for the Department of 

24 Defense for fiscal year 2010 for expenses, not otherwise 
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1 provided for, for the Defense Health Program in the 

2 amount of $1,155,235,000 for operation and maintenance. 

3 (b) DRUG INTERDICTION AND COUNTER-DRUG AC4 TIVITIES, DEFENSE-WIDE.—Funds are hereby authorized 

5 to be appropriated for the Department of Defense for fis6 cal year 2010 for expenses, not otherwise provided for, for 

7 Drug Interdiction and Counter-Drug Activities, Defense8 wide in the amount of $324,603,000. 

9 (c) DEFENSE INSPECTOR GENERAL.—Funds are 

10 hereby authorized to be appropriated for the Department 

11 of Defense for fiscal year 2010 for expenses, not otherwise 

12 provided for, for the Office of the Inspector General of 

13 the Department of Defense in the amount of $8,876,000 

14 for operation and maintenance. 

15 SEC. 1516. LIMITATIONS ON IRAQ SECURITY FORCES FUND. 

16 Funds made available to the Department of Defense 

17 for the Iraq Security Forces Fund for fiscal year 2010 

18 shall be subject to the conditions contained in subsections 

19 (b) through (g) of section 1512 of the National Defense 

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

21 181; 122 Stat. 426). 
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1 SEC. 1517. CONTINUATION OF PROHIBITION ON USE OF 

2 UNITED STATES FUNDS FOR CERTAIN FACILI3 TIES PROJECTS IN IRAQ. 

4 Section 1508(a) of the Duncan Hunter National De5 fense Authorization Act for Fiscal Year 2009 (Public Law 

6 110–417; 122 Stat. 4651) shall apply to funds authorized 

7 to be appropriated by this title. 

8 SEC. 1518. SPECIAL TRANSFER AUTHORITY. 

9 (a) AUTHORITY TO TRANSFER AUTHORIZATIONS.— 

10 (1) AUTHORITY.—Upon determination by the 

11 Secretary of Defense that such action is necessary in 

12 the national interest, the Secretary may transfer 

13 amounts of authorizations made available to the De14 partment of Defense in this title for fiscal year 2010 

15 between any such authorizations for that fiscal year 

16 (or any subdivisions thereof). Amounts of authoriza17 tions so transferred shall be merged with and be 

18 available for the same purposes as the authorization 

19 to which transferred. 

20 (2) LIMITATION.—The total amount of author21 izations that the Secretary may transfer under the 

22 authority of this section may not exceed 

23 $4,000,000,000. 

24 (b) TERMS AND CONDITIONS.—Transfers under this 

25 section shall be subject to the same terms and conditions 

26 as transfers under section 1001. 
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1 (c) ADDITIONAL AUTHORITY.—The transfer author2 ity provided by this section is in addition to the transfer 

3 authority provided under section 1001. 

4 SEC. 1519. TREATMENT AS ADDITIONAL AUTHORIZATIONS. 

5 The amounts authorized to be appropriated by this 

6 title are in addition to amounts otherwise authorized to 

7 be appropriated by this Act. 

8 TITLE XVI—GUAM WORLD WAR II 

9 LOYALTY RECOGNITION ACT 

10 SEC. 1601. SHORT TITLE. 

11 This title may be cited as the ‘‘Guam World War II 

12 Loyalty Recognition Act’’. 

13 SEC. 1602. RECOGNITION OF THE SUFFERING AND LOY14 ALTY OF THE RESIDENTS OF GUAM. 

15 (a) RECOGNITION OF THE SUFFERING OF THE RESI16 DENTS OF GUAM.—The United States recognizes that, as 

17 described by the Guam War Claims Review Commission, 

18 the residents of Guam, on account of their United States 

19 nationality, suffered unspeakable harm as a result of the 

20 occupation of Guam by Imperial Japanese military forces 

21 during World War II, by being subjected to death, rape, 

22 severe personal injury, personal injury, forced labor, 

23 forced march, or internment. 

24 (b) RECOGNITION OF THE LOYALTY OF THE RESI25 DENTS OF GUAM.—The United States forever will be 
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1 grateful to the residents of Guam for their steadfast loy2 alty to the United States of America, as demonstrated by 

3 the countless acts of courage they performed despite the 

4 threat of death or great bodily harm they faced at the 

5 hands of the Imperial Japanese military forces that occu6 pied Guam during World War II. 

7 SEC. 1603. PAYMENTS FOR GUAM WORLD WAR II CLAIMS. 

8 (a) PAYMENTS FOR DEATH, PERSONAL INJURY, 

9 FORCED LABOR, FORCED MARCH, AND INTERNMENT.— 

10 Subject to the availability of appropriations authorized to 

11 be appropriated under section 1606(a), after receipt of 

12 certification pursuant to section 1604(b)(8) and in accord13 ance with the provisions of this title, the Secretary of the 

14 Treasury shall make payments as follows: 

15 (1) RESIDENTS INJURED.—The Secretary shall 

16 pay compensable Guam victims who are not de17 ceased before any payments are made to individuals 

18 described in paragraphs (2) and (3) as follows: 

19 (A) If the victim has suffered an injury de20 scribed in subsection (c)(2)(A), $15,000. 

21 (B) If the victim is not described in sub22 paragraph (A) but has suffered an injury de23 scribed in subsection (c)(2)(B), $12,000. 
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1 (C) If the victim is not described in sub2 paragraph (A) or (B) but has suffered an in3 jury described in subsection (c)(2)(C), $10,000. 

4 (2) SURVIVORS OF RESIDENTS WHO DIED IN

5 WAR.—In the case of a compensable Guam decedent, 

6 the Secretary shall pay $25,000 for distribution to 

7 eligible survivors of the decedent as specified in sub8 section (b). The Secretary shall make payments 

9 under this paragraph after payments are made 

10 under paragraph (1) and before payments are made 

11 under paragraph (3). 

12 (3) SURVIVORS OF DECEASED INJURED RESI13 DENTS.—In the case of a compensable Guam victim 

14 who is deceased, the Secretary shall pay $7,000 for 

15 distribution to eligible survivors of the victim as 

16 specified in subsection (b). The Secretary shall make 

17 payments under this paragraph after payments are 

18 made under paragraphs (1) and (2). 

19 (b) DISTRIBUTION OF SURVIVOR PAYMENTS.—Pay20 ments under paragraph (2) or (3) of subsection (a) to eli21 gible survivors of an individual who is a compensable 

22 Guam decedent or a compensable Guam victim who is de23 ceased shall be made as follows: 
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1 (1) If there is living a spouse of the individual, 

2 but no child of the individual, all of the payment 

3 shall be made to such spouse. 

4 (2) If there is living a spouse of the individual 

5 and one or more children of the individual, one-half 

6 of the payment shall be made to the spouse and the 

7 other half to the child (or to the children in equal 

8 shares). 

9 (3) If there is no living spouse of the individual, 

10 but there are one or more children of the individual 

11 alive, all of the payment shall be made to such child 

12 (or to such children in equal shares). 

13 (4) If there is no living spouse or child of the 

14 individual but there is a living parent (or parents) 

15 of the individual, all of the payment shall be made 

16 to the parents (or to the parents in equal shares). 

17 (5) If there is no such living spouse, child, or 

18 parent, no payment shall be made. 

19 (c) DEFINITIONS.—For purposes of this title: 

20 (1) COMPENSABLE GUAM DECEDENT.—The 

21 term ‘‘compensable Guam decedent’’ means an indi22 vidual determined under section 1604(a)(1) to have 

23 been a resident of Guam who died or was killed as 

24 a result of the attack and occupation of Guam by 

25 Imperial Japanese military forces during World War 
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1 II, or incident to the liberation of Guam by United 

2 States military forces, and whose death would have 

3 been compensable under the Guam Meritorious 

4 Claims Act of 1945 (Public Law 79–224) if a timely 

5 claim had been filed under the terms of such Act. 

6 (2) COMPENSABLE GUAM VICTIM.—The term 

7 ‘‘compensable Guam victim’’ means an individual de8 termined under section 1604(a)(1) to have suffered, 

9 as a result of the attack and occupation of Guam by 

10 Imperial Japanese military forces during World War 

11 II, or incident to the liberation of Guam by United 

12 States military forces, any of the following: 

13 (A) Rape or severe personal injury (such 

14 as loss of a limb, dismemberment, or paralysis). 

15 (B) Forced labor or a personal injury not 

16 under subparagraph (A) (such as disfigure17 ment, scarring, or burns). 

18 (C) Forced march, internment, or hiding 

19 to evade internment. 

20 (3) DEFINITIONS OF SEVERE PERSONAL INJU21 RIES AND PERSONAL INJURIES.—The Foreign 

22 Claims Settlement Commission shall promulgate reg23 ulations to specify injuries that constitute a severe 

24 personal injury or a personal injury for purposes of 
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1 subparagraphs (A) and (B), respectively, of para2 graph (2). 

3 SEC. 1604. ADJUDICATION. 

4 (a) AUTHORITY OF FOREIGN CLAIMS SETTLEMENT

5 COMMISSION.— 

6 (1) IN GENERAL.—The Foreign Claims Settle7 ment Commission is authorized to adjudicate claims 

8 and determine eligibility for payments under section 

9 1603. 

10 (2) RULES AND REGULATIONS.—The chairman 

11 of the Foreign Claims Settlement Commission shall 

12 prescribe such rules and regulations as may be nec13 essary to enable it to carry out its functions under 

14 this title. Such rules and regulations shall be pub15 lished in the Federal Register. 

16 (b) CLAIMS SUBMITTED FOR PAYMENTS.— 

17 (1) SUBMITTAL OF CLAIM.—For purposes of 

18 subsection (a)(1) and subject to paragraph (2), the 

19 Foreign Claims Settlement Commission may not de20 termine an individual is eligible for a payment under 

21 section 1603 unless the individual submits to the 

22 Commission a claim in such manner and form and 

23 containing such information as the Commission 

24 specifies. 
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1 (2) FILING PERIOD FOR CLAIMS AND NOTICE.— 

2 All claims for a payment under section 1603 shall be 

3 filed within 1 year after the Foreign Claims Settle4 ment Commission publishes public notice of the fil5 ing period in the Federal Register. The Foreign 

6 Claims Settlement Commission shall provide for the 

7 notice required under the previous sentence not later 

8 than 180 days after the date of the enactment of 

9 this title. In addition, the Commission shall cause to 

10 be publicized the public notice of the deadline for fil11 ing claims in newspaper, radio, and television media 

12 on Guam. 

13 (3) ADJUDICATORY DECISIONS.—The decision 

14 of the Foreign Claims Settlement Commission on 

15 each claim shall be by majority vote, shall be in writ16 ing, and shall state the reasons for the approval or 

17 denial of the claim. If approved, the decision shall 

18 also state the amount of the payment awarded and 

19 the distribution, if any, to be made of the payment. 

20 (4) DEDUCTIONS IN PAYMENT.—The Foreign 

21 Claims Settlement Commission shall deduct, from 

22 potential payments, amounts previously paid under 

23 the Guam Meritorious Claims Act of 1945 (Public 

24 Law 79–224). 
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1 (5) INTEREST.—No interest shall be paid on 

2 payments awarded by the Foreign Claims Settlement 

3 Commission. 

4 (6) REMUNERATION PROHIBITED.—No remu5 neration on account of representational services ren6 dered on behalf of any claimant in connection with 

7 any claim filed with the Foreign Claims Settlement 

8 Commission under this title shall exceed one percent 

9 of the total amount paid pursuant to any payment 

10 certified under the provisions of this title on account 

11 of such claim. Any agreement to the contrary shall 

12 be unlawful and void. Whoever demands or receives, 

13 on account of services so rendered, any remunera14 tion in excess of the maximum permitted by this sec15 tion shall be fined not more than $5,000 or impris16 oned not more than 12 months, or both. 

17 (7) APPEALS AND FINALITY.—Objections and 

18 appeals of decisions of the Foreign Claims Settle19 ment Commission shall be to the Commission, and 

20 upon rehearing, the decision in each claim shall be 

21 final, and not subject to further review by any court 

22 or agency. 

23 (8) CERTIFICATIONS FOR PAYMENT.—After a 

24 decision approving a claim becomes final, the chair25 man of the Foreign Claims Settlement Commission 
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1 shall certify it to the Secretary of the Treasury for 

2 authorization of a payment under section 1603. 

3 (9) TREATMENT OF AFFIDAVITS.—For pur4 poses of section 1603 and subject to paragraph (2), 

5 the Foreign Claims Settlement Commission shall 

6 treat a claim that is accompanied by an affidavit of 

7 an individual that attests to all of the material facts 

8 required for establishing eligibility of such individual 

9 for payment under such section as establishing a 

10 prima facie case of the individual’s eligibility for 

11 such payment without the need for further docu12 mentation, except as the Commission may otherwise 

13 require. Such material facts shall include, with re14 spect to a claim under paragraph (2) or (3) of sec15 tion 1603(a), a detailed description of the injury or 

16 other circumstance supporting the claim involved, in17 cluding the level of payment sought. 

18 (10) RELEASE OF RELATED CLAIMS.—Accept19 ance of payment under section 1603 by an individual 

20 for a claim related to a compensable Guam decedent 

21 or a compensable Guam victim shall be in full satis22 faction of all claims related to such decedent or vic23 tim, respectively, arising under the Guam Meri24 torious Claims Act of 1945 (Public Law 79–224), 
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1 the implementing regulations issued by the United 

2 States Navy pursuant thereto, or this title. 

3 (11) PENALTY FOR FALSE CLAIMS.—The provi4 sions of section 1001 of title 18 of the United States 

5 Code (relating to criminal penalties for false state6 ments) apply to claims submitted under this sub7 section. 

8 SEC. 1605. GRANTS PROGRAM TO MEMORIALIZE THE OCCU9 PATION OF GUAM DURING WORLD WAR II. 

10 (a) ESTABLISHMENT.—Subject to section 1606(b) 

11 and in accordance with this section, the Secretary of the 

12 Interior shall establish a grants program under which the 

13 Secretary shall award grants for research, educational, 

14 and media activities that memorialize the events sur15 rounding the occupation of Guam during World War II, 

16 honor the loyalty of the people of Guam during such occu17 pation, or both, for purposes of appropriately illuminating 

18 and interpreting the causes and circumstances of such oc19 cupation and other similar occupations during a war. 

20 (b) ELIGIBILITY.—The Secretary of the Interior may 

21 not award to a person a grant under subsection (a) unless 

22 such person submits an application to the Secretary for 

23 such grant, in such time, manner, and form and con24 taining such information as the Secretary specifies. 
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1 SEC. 1606. AUTHORIZATION OF APPROPRIATIONS. 

2 (a) GUAM WORLD WAR II CLAIMS PAYMENTS AND

3 ADJUDICATION.—For purposes of carrying out sections 

4 1603 and 1604, there are authorized to be appropriated 

5 $126,000,000, to remain available for obligation until Sep6 tember 30, 2013, to the Foreign Claims Settlement Com7 mission. Not more than 5 percent of funds made available 

8 under this subsection shall be used for administrative 

9 costs. 

10 (b) GUAM WORLD WAR II GRANTS PROGRAM.—For 

11 purposes of carrying out section 1605, there are author12 ized to be appropriated $5,000,000, to remain available 

13 for obligation until September 30, 2013. 

14 DIVISION B—MILITARY CON15 STRUCTION AUTHORIZA16 TIONS 

17 SEC. 2001. SHORT TITLE. 

18 This division may be cited as the ‘‘Military Construc19 tion Authorization Act for Fiscal Year 2010’’. 

20 SEC. 2002. EXPIRATION OF AUTHORIZATIONS AND 

21 AMOUNTS REQUIRED TO BE SPECIFIED BY 

22 LAW. 

23 (a) EXPIRATION OF AUTHORIZATIONS AFTER THREE

24 YEARS.—Except as provided in subsection (b), all author25 izations contained in titles XXI through XXVII and title 

26 XXIX for military construction projects, land acquisition, 
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1 family housing projects and facilities, and contributions to 

2 the North Atlantic Treaty Organization Security Invest3 ment Program (and authorizations of appropriations 

4 therefor) shall expire on the later of— 

5 (1) October 1, 2012; or 

6 (2) the date of the enactment of an Act author7 izing funds for military construction for fiscal year 

8 2013. 

9 (b) EXCEPTION.—Subsection (a) shall not apply to 

10 authorizations for military construction projects, land ac11 quisition, family housing projects and facilities, and con12 tributions to the North Atlantic Treaty Organization Se13 curity Investment Program (and authorizations of appro14 priations therefor), for which appropriated funds have 

15 been obligated before the later of— 

16 (1) October 1, 2012; or 

17 (2) the date of the enactment of an Act author18 izing funds for fiscal year 2013 for military con19 struction projects, land acquisition, family housing 

20 projects and facilities, and contributions to the 

21 North Atlantic Treaty Organization Security Invest22 ment Program. 

23 SEC. 2003. EFFECTIVE DATE. 

24 Titles XXI, XXII, XXIII, XXIV, XXV, XXVI, 

25 XXVII, and XXIX shall take effect on the later of— 
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1 (1) October 1, 2009; or 

2 (2) the date of the enactment of this Act. 

3 TITLE XXI—ARMY 

Sec. 2101. Authorized Army construction and land acquisition projects. 

Sec. 2102. Family housing. 

Sec. 2103. Improvements to military family housing units. 

Sec. 2104. Authorization of appropriations, Army. 

Sec. 2105. Modification of authority to carry out certain fiscal year 2009 

project. 

Sec. 2106. Extension of authorizations of certain fiscal year 2006 projects. 

4 SEC. 2101. AUTHORIZED ARMY CONSTRUCTION AND LAND 

5 ACQUISITION PROJECTS. 

6 (a) INSIDE THE UNITED STATES.—Using amounts 

7 appropriated pursuant to the authorization of appropria8 tions in section 2104(a)(1), the Secretary of the Army 

9 may acquire real property and carry out military construc10 tion projects for the installations or locations inside the 

11 United States, and in the amounts, set forth in the fol12 lowing table: 

Army: Inside the United States 

State Installation or Location Amount 

Alaska ...................... Fort Richardson ........................................... $51,150,000 

Fort Wainwright .......................................... $198,000,000 

Alabama ................... Anniston Army Depot .................................. $3,000,000 

Redstone Arsenal ......................................... $3,550,000 

Arizona .................... Fort Huachuca ............................................. $27,700,000 

Arkansas .................. Pine Bluff Arsenal ....................................... $25,000,000 

California ................. Fort Irwin .................................................... $9,500,000 

Colorado ................... Fort Carson .................................................. $342,950,000 

Florida ..................... Elgin Air Force Base ................................... $131,600,000 

Georgia .................... Fort Benning ............................................... $295,300,000 

Fort Gillem .................................................. $10,800,000 

Fort Stewart ................................................ $145,400,000 

Hawaii ..................... Schofield Barracks ....................................... $184,000,000 

Wheeler Army Air Field ............................... $7,500,000 

Kansas ..................... Fort Riley ..................................................... $162,400,000 

Kentucky .................. Fort Campbell .............................................. $14,400,000 

Fort Knox .................................................... $70,000,000 

Louisiana ................. Fort Polk ...................................................... $55,400,000 

Maryland .................. Fort Detrick ................................................. $46,400,000 

Fort Meade .................................................. $2,350,000 

Missouri ................... Fort Leonard Wood ..................................... $170,800,000 
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Army: Inside the United States—Continued 

State Installation or Location Amount 

New Jersey .............. Picatinny Arsenal ......................................... $10,200,000 

New York ................. Fort Drum ................................................... $92,700,000 

North Carolina ........ Fort Bragg ................................................... $111,150,000 

.................................. Sunny Point Military Ocean Terminal ........ $28,900,000 

Oklahoma ................. Fort Sill ....................................................... $90,500,000 

McAlester Army Ammunition Plant ............ $12,500,000 

South Carolina ......... Charleston Naval Weapons Station, ............ $21,800,000 

Fort Jackson ................................................ $103,500,000 

Texas ....................... Fort Bliss ..................................................... $219,400,000 

Fort Hood .................................................... $40,600,000 

Fort Sam Houston ....................................... $19,800,000 

Utah ......................... Dugway Proving Ground ............................. $25,000,000 

Virginia .................... Fort A.P. Hill .............................................. $23,000,000 

Fort Belvoir ................................................. $37,900,000 

Fort Lee ....................................................... $5,000,000 

Washington .............. Fort Lewis .................................................... $18,700,000 

1 (b) OUTSIDE THE UNITED STATES.—Using amounts 

2 appropriated pursuant to the authorization of appropria3 tions in section 2104(a)(2), the Secretary of the Army 

4 may acquire real property and carry out military construc5 tion projects for the installations or locations outside the 

6 United States, and in the amounts, set forth in the fol7 lowing table: 

Army: Outside the United States 

Country Installation or Location Amount 

Afghanistan ................ Bagram Air Base ...................................... $87,100,000 

Belgium ...................... Brussels ..................................................... $20,000,000 

Germany ..................... Ansbach ..................................................... $31,700,000 

Kleber Kaserne .......................................... $20,000,000 

Landstuhl .................................................. $25,000,000 

Japan ......................... Okinawa ..................................................... $6,000,000 

Sagamihara ................................................ $6,000,000 

Korea .......................... Camp Humphreys ...................................... $50,200,000 

Kuwait ........................ Camp Arifjan ............................................. $82,000,000 

8 SEC. 2102. FAMILY HOUSING. 

9 (a) CONSTRUCTION AND ACQUISITION.—Using 

10 amounts appropriated pursuant to the authorization of ap11 propriations in section 2104(a)(5)(A), the Secretary of the 
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1 Army may construct or acquire family housing units (in2 cluding land acquisition and supporting facilities) at the 

3 installations or locations, in the number of units, and in 

4 the amounts set forth in the following table: 

Army: Family Housing 

Country Installation or Location Units Amount 

Germany ....................... Baumholder .................. 38 ................... $18,000,000 

5 (b) PLANNING AND DESIGN.—Using amounts appro6 priated pursuant to the authorization of appropriations in 

7 section 2104(a)(5)(A), the Secretary of the Army may 

8 carry out architectural and engineering services and con9 struction design activities with respect to the construction 

10 or improvement of family housing units in an amount not 

11 to exceed $3,936,000. 

12 SEC. 2103. IMPROVEMENTS TO MILITARY FAMILY HOUSING 

13 UNITS. 

14 Subject to section 2825 of title 10, United States 

15 Code, and using amounts appropriated pursuant to the 

16 authorization of appropriations in section 2104(a)(5)(A), 

17 the Secretary of the Army may improve existing military 

18 family housing units in an amount not to exceed 

19 $219,300,000. 

20 SEC. 2104. AUTHORIZATION OF APPROPRIATIONS, ARMY. 

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

22 be appropriated for fiscal years beginning after September 
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1 30, 2009, for military construction, land acquisition, and 

2 military family housing functions of the Department of the 

3 Army in the total amount of $4,427,076,000 as follows: 

4 (1) For military construction projects inside the 

5 United States authorized by section 2101(a), 

6 $2,738,150,000. 

7 (2) For military construction projects outside 

8 the United States authorized by section 2101(b), 

9 $328,000,000. 

10 (3) For unspecified minor military construction 

11 projects authorized by section 2805 of title 10, 

12 United States Code, $33,000,000. 

13 (4) For host nation support and architectural 

14 and engineering services and construction design 

15 under section 2807 of title 10, United States Code, 

16 $187,872,000. 

17 (5) For military family housing functions: 

18 (A) For construction and acquisition, plan19 ning and design, and improvement of military 

20 family housing and facilities, $273,236,000. 

21 (B) For support of military family housing 

22 (including the functions described in section 

23 2833 of title 10, United States Code), 

24 $523,418,000. 
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1 (6) For the construction of increment 4 of a 

2 brigade complex at Fort Lewis, Washington, author3 ized by section 2101(a) of the Military Construction 

4 Authorization Act for Fiscal Year 2007 (division B 

5 of Public Law 109–364; 120 Stat. 2445), as amend6 ed by section 20814 of the Continuing Appropria7 tions Resolution, 2007 (division B of Public Law 

8 109–289), as added by section 2 of the Revised Con9 tinuing Resolution, 2007 (Public Law 110–5; 121 

10 Stat 41) $102,000,000. 

11 (7) For the construction of increment 2 of the 

12 United States Southern Command Headquarters at 

13 Miami Doral, Florida, authorized by section 2101(a) 

14 of the Military Construction Authorization Act for 

15 Fiscal Year 2008 (division B of Public Law 110– 

16 181; 122 Stat. 504), $55,400,000. 

17 (8) For the construction of increment 3 of the 

18 brigade complex operations support facility at 

19 Vicenza, Italy, authorized by section 2101(b) of the 

20 Military Construction Authorization Act for Fiscal 

21 Year 2008 (division B of Public Law 110–181; 122 

22 Stat. 505), $23,500,000. 

23 (9) For the construction of increment 3 of the 

24 brigade complex barracks and community support 

25 facility at Vicenza, Italy, authorized by section 
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1 2101(b) of the Military Construction Authorization 

2 Act for Fiscal Year 2008 (division B of Public Law 

3 110–181; 122 Stat. 505), $22,500,000. 

4 (10) For the construction of increment 2 of a 

5 barracks and dining complex at Fort Carson, Colo6 rado, authorized by section 2101(a) of the Military 

7 Construction Authorization Act for Fiscal Year 2009 

8 (division B of Public Law 110–417 122 Stat. 4659), 

9 $60,000,000. 

10 (11) For the construction of increment 2 of a 

11 barracks and dining complex at Fort Stewart, Geor12 gia, authorized by section 2101(a) of the Military 

13 Construction Authorization Act for Fiscal Year 2009 

14 (division B of Public Law 110–417 122 Stat. 4659), 

15 $80,000,000. 

16 (b) LIMITATION ON TOTAL COST OF CONSTRUCTION

17 PROJECTS.—Notwithstanding the cost variations author18 ized by section 2853 of title 10, United States Code, and 

19 any other cost variation authorized by law, the total cost 

20 of all projects carried out under section 2101 of this Act 

21 may not exceed the sum of the following: 

22 (1) The total amount authorized to be appro23 priated under paragraphs (1) and (2) of subsection 

24 (a). 
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1 (2) $95,000,000 (the balance of the amount au2 thorized under section 2101(a) for an aviation task 

3 force complex, Phase I at Fort Wainwright, Alaska). 

4 SEC. 2105. MODIFICATION OF AUTHORITY TO CARRY OUT 

5 CERTAIN FISCAL YEAR 2009 PROJECT. 

6 In the case of the authorization contained in the table 

7 in section 2101(a) of the Military Construction Authoriza8 tion Act of Fiscal Year 2009 (Public Law 110–417; 122 

9 Stat. 4659) for Fort Bragg, North Carolina, for construc10 tion of a chapel at the installation, the Secretary of the 

11 Army may construct up to a 22,600 square-feet (400 per12 son) chapel consistent with the Army’s standard square 

13 footage for chapel construction guidelines. 

14 SEC. 2106. EXTENSION OF AUTHORIZATIONS OF CERTAIN 

15 FISCAL YEAR 2006 PROJECTS. 

16 (a) EXTENSION.—Notwithstanding section 2701 of 

17 the Military Construction Authorization Act for Fiscal 

18 Year 2006 (division B of Public Law 109–163; 119 Stat. 

19 3501), authorizations set forth in the table in subsection 

20 (b), as provided in section 2101 of that Act (119 Stat. 

21 3485) and extended by section 2107 of the Military Con22 struction Authorization Act for Fiscal Year 2009 (division 

23 B of Public Law 110–417; 122 Stat. 4665), shall remain 

24 in effect until October 1, 2010, or the date of the enact-
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1 ment of an Act authorizing funds for military construction 

2 for fiscal year 2011, whichever is later: 

3 (b) TABLE.—The table referred to in subsection (a) 

4 is as follows: 

Army: Extension of 2006 Project Authorizations 

State Installation or 

Location Project Amount 

Hawaii ............. Pohakuloa .............. Tactical Vehicle Wash Facility.$9,207,000 

Battle Area Complex ........ $33,660,000 

5 TITLE XXII—NAVY 

Sec. 2201. Authorized Navy construction and land acquisition projects. 

Sec. 2202. Family housing. 

Sec. 2203. Improvements to military family housing units. 

Sec. 2204. Authorization of appropriations, Navy. 

Sec. 2205. Modification and extension of authority to carry out certain fiscal 

year 2006 project. 

6 SEC. 2201. AUTHORIZED NAVY CONSTRUCTION AND LAND 

7 ACQUISITION PROJECTS. 

8 (a) INSIDE THE UNITED STATES.—Using amounts 

9 appropriated pursuant to the authorization of appropria10 tions in section 2204(1), the Secretary of the Navy may 

11 acquire real property and carry out military construction 

12 projects for the installations or locations inside the United 

13 States, and in the amounts, set forth in the following 

14 table: 

Navy: Inside the United States 

State Installation or Location Amount 

Arizona ...................... Marine Corps Air Station, Yuma ............... $28,770,000 

California .................. Mountain Warfare Training Center 

Bridgeport.

$11,290,000 

Marine Corps Base, Camp Pendleton ......... $775,162,000 

Edwards Air Force Base ............................ $3,007,000 

Naval Station Monterey .............................. $10,240,000 

Marine Corps Base, Twentynine Palms ..... $513,680,000 

Marine Corps Air Station, Miramar ........... $9,280,000 
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Navy: Inside the United States—Continued 

State Installation or Location Amount 

Point Loma Annex ...................................... $11,060,000 

Naval Station, San Diego ........................... $23,590,000 

Connecticut ............... Naval Submarine Base, New London ......... $6,570,000 

Florida ...................... Blount Island Command ............................. $3,760,000 

Eglin Air Force Base .................................. $26,287,000 

Naval Air Station, Jacksonville .................. $5,917,000 

Naval Station, Mayport .............................. $56,042,000 

Naval Air Station, Pensacola ...................... $26,161,000 

Naval Air Station, Whiting Field ............... $4,120,000 

Georgia ...................... Marine Corps Logistics Base, Albany ........ $4,870,000 

Hawaii ....................... Oahu ........................................................... $5,380,000 

Naval Station, Pearl Harbor ...................... $35,182,000 

Maine ........................ Portsmouth Naval Shipyard ....................... $7,090,000 

Maryland ................... Naval Surface Warfare Center, Carderock $6,520,000 

Naval Air Station, Patuxent River ............. $11,043,000 

North Carolina .......... Marine Corps Base, Camp Lejeune ............ $673,570,000 

Marine Corps Air Station, Cherry Point .... $22,960,000 

Marine Corps Air Station, New River ........ $107,090,000 

Rhode Island ............. Naval Station, Newport .............................. $54,333,000 

South Carolina .......... Marine Corps Air Station, Beaufort ........... $1,280,000 

Marine Corps Recruit Depot, Parris Island $6,972,000 

Texas ......................... Naval Air Station, Corpus Christi .............. $19,764,000 

Naval Air Station, Kingsville ...................... $4,470,000 

Virginia ..................... Naval Amphibious Base, Little Creek ........ $13,095,000 

Naval Station Norfolk ................................ $18,139,000 

Naval Special Weapons Center, Dahlgren .. $3,660,000 

Norfolk Naval Shipyard, Portsmouth ......... $226,969,000 

Marine Corps Base, Quantico ..................... $105,240,000 

Washington ............... Naval Station, Everett ................................ $3,810,000 

Naval Magazine, Indian Island ................... $13,130,000 

Spokane ....................................................... $12,707,000 

1 (b) OUTSIDE THE UNITED STATES.—Using amounts 

2 appropriated pursuant to the authorization of appropria3 tions in section 2204(2), the Secretary of the Navy may 

4 acquire real property and carry out military construction 

5 projects for the installation or location outside the United 

6 States, and in the amounts, set forth in the following 

7 table: 

Navy: Outside the United States 

Country Installation or Location Amount 

Bahrain ...................... Southwest Asia ............................................. $41,526,000 

Djibouti ...................... Camp Lemonier ............................................ $41,845,000 

Guam ......................... Naval Base, Guam ....................................... $505,161,000 

Andersen Air Force Base ............................. $110,297,000 

Spain .......................... Naval Station, Rota ..................................... $26,278,000 
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1 SEC. 2202. FAMILY HOUSING. 

2 (a) CONSTRUCTION AND ACQUISITION.—Using 

3 amounts appropriated pursuant to the authorization of ap4 propriations in section 2204(5)(A), the Secretary of the 

5 Navy may construct or acquire family housing units (in6 cluding land acquisition and supporting facilities) at the 

7 installations or locations, in the number of units, and in 

8 the amount set forth in the following table: 

Navy: Family Housing 

Location Installation or Location Units Amount 

Korea .......................... Pusan ....................... Welcome center/ 

warehouse.

$4,376,000 

Mariana Islands ......... Naval Activities, 

Guam.

30 ............................. $20,730,000 

9 (b) PLANNING AND DESIGN.—Using amounts appro10 priated pursuant to the authorization of appropriations in 

11 section 2204(5)(A), the Secretary of the Navy may carry 

12 out architectural and engineering services and construc13 tion design activities with respect to the construction or 

14 improvement of family housing units in an amount not 

15 to exceed $2,771,000. 

16 SEC. 2203. IMPROVEMENTS TO MILITARY FAMILY HOUSING 

17 UNITS. 

18 Subject to section 2825 of title 10, United States 

19 Code, and using amounts appropriated pursuant to the 

20 authorization of appropriations in section 2204(5)(A), the 

21 Secretary of the Navy may improve existing military fam-
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1 ily housing units in an amount not to exceed 

2 $118,692,000. 

3 SEC. 2204. AUTHORIZATION OF APPROPRIATIONS, NAVY. 

4 Funds are hereby authorized to be appropriated for 

5 fiscal years beginning after September 30, 2009, for mili6 tary construction, land acquisition, and military family 

7 housing functions of the Department of the Navy in the 

8 total amount of $4,220,719,000, as follows: 

9 (1) For military construction projects inside the 

10 United States authorized by section 2201(a), 

11 $2,792,210,000. 

12 (2) For military construction projects outside 

13 the United States authorized by section 2201(b), 

14 $483,845,000. 

15 (3) For unspecified minor military construction 

16 projects authorized by section 2805 of title 10, 

17 United States Code, $17,483,000. 

18 (4) For architectural and engineering services 

19 and construction design under section 2807 of title 

20 10, United States Code, $179,652,000. 

21 (5) For military family housing functions: 

22 (A) For construction and acquisition, plan23 ning and design, and improvement of military 

24 family housing and facilities, $146,569,000. 
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1 (B) For support of military family housing 

2 (including functions described in section 2833 

3 of title 10, United States Code), $368,540,000. 

4 (6) For the construction of increment 6 of a 

5 limited area production and storage complex at Ban6 gor, Washington, authorized by section 2201(a) of 

7 the Military Construction Authorization Act for Fis8 cal Year 2005 (division B of Public Law 108–375; 

9 118 Stat. 2106), $87,292,000. 

10 (7) For the construction of increment 2 of en11 clave fencing at Naval Submarine Base, Bangor, 

12 Washington, authorized by section 2201(a) of the 

13 Military Construction Authorization Act for Fiscal 

14 Year 2006 (division B of Public Law 109–163; 119 

15 Stat. 3490), as amended by section 2205 of this Act, 

16 $67,419,000. 

17 (8) For the construction of increment 2 of a re18 placement maintenance pier at Bremerton, Wash19 ington, authorized by section 2201(a) of the Military 

20 Construction Authorization Act for Fiscal Year 2008 

21 (division B of Public Law 110–181; 122 Stat. 510), 

22 $69,064,000. 

23 (9) For the construction of increment 3 of a 

24 submarine drive-in magazine silencing facility at 

25 Naval Base Pearl Harbor, Hawaii, authorized by 
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1 section 2201(a) of the Military Construction Author2 ization Act for Fiscal Year 2008 (division B of Pub3 lic Law 110–181; 122 Stat. 510), $8,645,000. 

4 SEC. 2205. MODIFICATION AND EXTENSION OF AUTHORITY 

5 TO CARRY OUT CERTAIN FISCAL YEAR 2006 

6 PROJECT. 

7 (a) MODIFICATION.—The table in section 2201(a) of 

8 the Military Construction Authorization Act for Fiscal 

9 Year 2006 (division B of Public Law 109–163; 119 Stat. 

10 3490) is amended in the item relating to Naval Submarine 

11 Base, Bangor, Washington, by striking ‘‘$60,160,000’’ 

12 and inserting ‘‘$127,163,000’’. 

13 (b) CONFORMING AMENDMENT.—Section 2204(b) of 

14 that Act (119 Stat. 3492) is amended by adding at the 

15 end the following new paragraph: 

16 ‘‘(11) $67,003,000 (the balance of the amount 

17 authorized under section 2201(a) for construction of 

18 a waterfront security enclave at Naval Submarine 

19 Base, Bangor, Washington).’’. 

20 (c) EXTENSION.—Notwithstanding section 2701 of 

21 the Military Construction Authorization Act for Fiscal 

22 Year 2006 (division B of Public Law 109–163; 119 Stat. 

23 3501), the authorization relating to enclave fencing/park24 ing at Naval Submarine Base, Bangor, Washington (for25 merly referred to as a project at Naval Submarine Base, 
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1 Bangor, Washington), as provided in section 2201 of that 

2 Act, shall remain in effect until October 1, 2012, or the 

3 date of the enactment of an Act authorizing funds for mili4 tary construction for fiscal year 2013, whichever is later. 

5 TITLE XXIII—AIR FORCE 

Sec. 2301. Authorized Air Force construction and land acquisition projects. 

Sec. 2302. Family housing. 

Sec. 2303. Improvements to military family housing units. 

Sec. 2304. Authorization of appropriations, Air Force. 

Sec. 2305. Extension of authorizations of certain fiscal year 2007 projects. 

Sec. 2306. Extension of authorizations of certain fiscal year 2006 projects. 

6 SEC. 2301. AUTHORIZED AIR FORCE CONSTRUCTION AND 

7 LAND ACQUISITION PROJECTS. 

8 (a) INSIDE THE UNITED STATES.—Using amounts 

9 appropriated pursuant to the authorization of appropria10 tions in section 2304(1), the Secretary of the Air Force 

11 may acquire real property and carry out military construc12 tion projects for the installations or locations inside the 

13 United States, and in the amounts, set forth in the fol14 lowing table: 

Air Force: Inside the United States 

State Installation or Location Amount 

Alaska ................................. Clear Air Force Station ................ $24,300,000 

Elmendorf Air Force Base ............ $15,700,000 

Arizona ............................... Davis-Monthan Air Force Base .... $41,900,000 

Arkansas ............................. Little Rock Air Force Base .......... $16,200,000 

California ............................ Los Angeles Air Force Base ......... $8,000,000 

Travis Air Force Base .................. $12,900,000 

Vandenberg Air Force Base .......... $13,000,000 

Colorado .............................. Peterson Air Force Base ............... $32,300,000 

United States Air Force Academy $17,500,000 

Delaware ............................. Dover Air Force Base ................... $17,400,000 

Florida ................................ Eglin Air Force Base .................... $84,360,000 

Hurlburt Field .............................. $19,900,000 

MacDill Air Force Base ................ $59,300,000 

Georgia ............................... Warner Robins Air Force Base .... $6,200,000 

Hawaii ................................ Hickam Air Force Base ................ $4,000,000 

Wheeler Air Force Base ................ $15,000,000 

Idaho ................................... Mountain Home Air Force Base .. $20,000,000 
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Air Force: Inside the United States—Continued 

State Installation or Location Amount 

Illinois ................................. Scott Air Force Base .................... $7,400,000 

Maryland ............................. Andrews Air Force Base ............... $9,300,000 

Missouri .............................. Whiteman Air Force Base ............ $12,900,000 

Nevada ................................ Creech Air Force Base .................. $2,700,000 

New Jersey ......................... McGuire Air Force Base ............... $7,900,000 

New Mexico ........................ Cannon Air Force Base ................ $15,000,000 

Holloman Air Force Base ............. $15,900,000 

Kirtland Air Force Base ............... $22,500,000 

North Carolina ................... Seymour Johnson Air Force Base $6,900,000 

North Dakota ..................... Minot Air Force Base ................... $11,500,000 

Ohio .................................... Wright Patterson Air Force Base $58,600,000 

Oklahoma ............................ Altus Air Force Base .................... $20,300,000 

Tinker Air Force Base .................. $18,137,000 

South Carolina .................... Shaw Air Force Base .................... $21,183,000 

Texas .................................. Dyess Air Force Base ................... $4,500,000 

Goodfellow Air Force Base ........... $32,400,000 

Lackland Air Force Base .............. $113,879,000 

Utah .................................... Hill Air Force Base ...................... $26,153,000 

Virginia ............................... Langley Air Force Base ................ $10,000,000 

Washington ......................... Fairchild Air Force Base .............. $4,150,000 

Wyoming ............................. F. E. Warren Air Force Base ....... $9,100,000 

1 (b) OUTSIDE THE UNITED STATES.—Using amounts 

2 appropriated pursuant to the authorization of appropria3 tions in section 2304(2), the Secretary of the Air Force 

4 may acquire real property and carry out military construc5 tion projects for the installations or locations outside the 

6 United States, and in the amounts, set forth in the fol7 lowing table: 

Air Force: Outside the United States 

Country Installation or Location Amount 

Afghanistan ...................... Bagram Air Base .................................. $22,000,000 

Colombia ........................... Palanquero Air Base ............................. $46,000,000 

Germany ........................... Ramstein Air Base ................................ $34,700,000 

Spangdahlem Air Base .......................... $23,500,000 

Guam ................................ Andersen Air Force Base ...................... $61,702,000 

Italy .................................. Naval Air Station Sigonella .................. $31,300,000 

Oman ................................ Al Musannah Air Base .......................... $116,000,000 

Qatar ................................ Al Udeid Air Base ................................. $60,000,000 

Turkey .............................. Incirlik Air Base ................................... $9,200,000 
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1 SEC. 2302. FAMILY HOUSING. 

2 Using amounts appropriated pursuant to the author3 ization of appropriations in section 2304(5)(A), the Sec4 retary of the Air Force may carry out architectural and 

5 engineering services and construction design activities 

6 with respect to the construction or improvement of family 

7 housing units in an amount not to exceed $4,314,000. 

8 SEC. 2303. IMPROVEMENTS TO MILITARY FAMILY HOUSING 

9 UNITS. 

10 Subject to section 2825 of title 10, United States 

11 Code, and using amounts appropriated pursuant to the 

12 authorization of appropriations in section 2304(5)(A), the 

13 Secretary of the Air Force may improve existing military 

14 family housing units in an amount not to exceed 

15 $61,787,000. 

16 SEC. 2304. AUTHORIZATION OF APPROPRIATIONS, AIR 

17 FORCE. 

18 Funds are hereby authorized to be appropriated for 

19 fiscal years beginning after September 30, 2009, for mili20 tary construction, land acquisition, and military family 

21 housing functions of the Department of the Air Force in 

22 the total amount of $1,928,208,000, as follows: 

23 (1) For military construction projects inside the 

24 United States authorized by section 2301(a), 

25 $838,362,000. 
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1 (2) For military construction projects outside 

2 the United States authorized by section 2301(b), 

3 $404,402,000. 

4 (3) For unspecified minor military construction 

5 projects authorized by section 2805 of title 10, 

6 United States Code, $23,000,000. 

7 (4) For architectural and engineering services 

8 and construction design under section 2807 of title 

9 10, United States Code, $93,407,000. 

10 (5) For military family housing functions: 

11 (A) For construction and acquisition, plan12 ning and design, and improvement of military 

13 family housing and facilities, $66,101,000. 

14 (B) For support of military family housing 

15 (including functions described in section 2833 

16 of title 10, United States Code), $502,936,000. 

17 SEC. 2305. EXTENSION OF AUTHORIZATIONS OF CERTAIN 

18 FISCAL YEAR 2007 PROJECTS. 

19 (a) EXTENSION.—Notwithstanding section 2701 of 

20 the Military Construction Authorization Act for Fiscal 

21 Year 2007 (division B of Public Law 109–364; 120 Stat. 

22 2463), authorizations set forth in the table in subsection 

23 (b), as provided in sections 2301 and 2302 of that Act, 

24 shall remain in effect until October 1, 2010, or the date 
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1 of the enactment of an Act authorizing funds for military 

2 construction for fiscal year 2011, whichever is later. 

3 (b) TABLE.—The table referred to in subsection (a) 

4 is as follows: 

Air Force: Extension of 2007 Project Authorizations 

State/Country Installation or 

Location Project Amount 

Delaware ......... Dover Air Force 

Base ................... C–17 Aircrew Life Support ............................... $7,400,000 

Idaho ............... Mountain Home 

Air Force Base .. Replace Family Housing 

(457 units) .................... $107,800,000 

5 SEC. 2306. EXTENSION OF AUTHORIZATIONS OF CERTAIN 

6 FISCAL YEAR 2006 PROJECTS. 

7 (a) EXTENSION.—Notwithstanding section 2701 of 

8 the Military Construction Authorization Act for Fiscal 

9 Year 2006 (division B of Public Law 109–163; 119 Stat. 

10 3501), authorizations set forth in the table in subsection 

11 (b), as provided in section 2302 of that Act (119 Stat. 

12 3495) and extended by section 2305 of the Military Con13 struction Authorization Act for Fiscal Year 2009 (division 

14 B of Public Law 110–417; 122 Stat. 4684), shall remain 

15 in effect until October 1, 2010, or the date of the enact16 ment of an Act authorizing funds for military construction 

17 for fiscal year 2011, whichever is later. 

18 (b) TABLE.—The table referred to in subsection (a) 

19 is as follows: 
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Air Force: Extension of 2006 Project Authorizations 

State Installation or Location Project Amount 

Alaska .............. Eielson Air Force Base Replace Family 

Housing (92 units) $37,650,000 

Eielson Air Force Base Purchase Build/Lease 

Housing (300 

units) .................... $18,144,000 

North Dakota ... Grand Forks Air Force 

Base .......................... Replace Family 

Housing (150 

units) .................... $43,353,000 

1 TITLE XXIV—DEFENSE 

2 AGENCIES 

Subtitle A—Defense Agency Authorizations 

Sec. 2401. Authorized Defense Agencies construction and land acquisition 

projects. 

Sec. 2402. Authorization of appropriations, Defense Agencies. 

Sec. 2403. Modification of authority to carry out certain fiscal year 2008 

project. 

Sec. 2404. Modification of authority to carry out certain fiscal year 2009 

project. 

Sec. 2405. Extension of authorizations of certain fiscal year 2007 project. 

Subtitle B—Chemical Demilitarization Authorizations 

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

3 Subtitle A—Defense Agency 

4 Authorizations 

5 SEC. 2401. AUTHORIZED DEFENSE AGENCIES CONSTRUC6 TION AND LAND ACQUISITION PROJECTS. 

7 (a) INSIDE THE UNITED STATES.—Using amounts 

8 appropriated pursuant to the authorization of appropria9 tions in section 2402(a)(1), the Secretary of Defense may 

10 acquire real property and carry out military construction 

11 projects for the installations or locations inside the United 
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1 States, and in the amounts, set forth in the following ta2 bles: 

Defense Education Activity 

State Installation or Location Amount 

Georgia ........................ Fort Benning .............................................. $2,330,000 

Fort Stewart/Hunter Army Air Field ......... $45,003,000 

North Carolina ............ Fort Bragg .................................................. $3,439,000 

Defense Information Systems Agency 

State Installation or Location Amount 

Hawaii ......................... Naval Station Pearl Harbor, Ford Island .. $9,633,000 

Defense Logistics Agency 

State Installation or Location Amount 

California .................... El Centro .................................................... $11,000,000 

Travis Air Force Base ................................ $15,357,000 

Florida ........................ Jacksonville International Airport (Air National Guard).$11,500,000 

Minnesota .................... Duluth International Airport (Air National 

Guard).

$15,000,000 

Oklahoma .................... Altus Air Force Base .................................. $2,700,000 

Texas ........................... Fort Hood ................................................... $3,000,000 

Washington ................. Fairchild Air Force Base ............................ $7,500,000 

Missile Defense Agency 

State Installation or Location Amount 

Virginia ....................... Naval Support Facility, Dahlgren .............. $24,500,000 

National Security Agency 

State Installation or Location Amount 

Maryland ...................... Fort Meade ................................................ $203,800,000 

Special Operations Command 

State Installation or Location Amount 

California ..................... Naval Amphibious Base, Coronado ........... $15,722,000 

Colorado ....................... Fort Carson ............................................... $48,246,000 

Florida ......................... Eglin Air Force Base ................................. $3,046,000 

Hurlburt Field ........................................... $8,156,000 

Georgia ......................... Fort Benning ............................................. $3,046,000 

Kentucky ...................... Fort Campbell ............................................ $32,335,000 

New Mexico .................. Cannon Air Force Base ............................. $52,864,000 

North Carolina ............. Fort Bragg ................................................ $101,488,000 

Marine Corps Base, Camp Lejeune ........... $11,791,000 

Virginia ........................ Naval Amphibious Base, Little Creek ....... $18,669,000 

Naval Surface Warfare Center, Dam Neck $6,100,000 

Washington .................. Fort Lewis ................................................. $14,500,000 
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TRICARE Management Activity 

State Installation or Location Amount 

Alaska .......................... Elmendorf Air Force Base ........................ $25,017,000 

Fort Richardson ........................................ $3,518,000 

Colorado ....................... Fort Carson ............................................... $52,773,000 

Georgia ......................... Fort Benning ............................................. $17,200,000 

Fort Stewart/Hunter Army Field .............. $26,386,000 

Kentucky ...................... Fort Campbell ............................................ $8,600,000 

Maryland ...................... Fort Detrick .............................................. $29,807,000 

Missouri ....................... Fort Leonard Wood ................................... $5,570,000 

North Carolina ............. Fort Bragg ................................................ $57,658,000 

Oklahoma ..................... Fort Sill ..................................................... $10,554,000 

Texas ............................ Lackland Air Force Base .......................... $101,928,000 

Fort Bliss ................................................... $996,295,000 

Washington .................. Fort Lewis ................................................. $15,636,000 

Washington Headquarters Services 

State Installation or Location Amount 

Virginia ........................ Pentagon Reservation ................................ $27,672,000 

1 (b) OUTSIDE THE UNITED STATES.—Using amounts 

2 appropriated pursuant to the authorization of appropria3 tions in section 2404(a)(2), the Secretary of Defense may 

4 acquire real property and carry out military construction 

5 projects for the installations or locations outside the 

6 United States, and in the amounts, set forth in the fol7 lowing tables: 

Defense Education Activity 

Country Installation or Location Amount 

Belgium ....................... Brussels ...................................................... $38,124,000 

Germany ...................... Kaiserslautern ............................................. $93,545,000 

Wiesbaden Air Base .................................... $5,379,000 

United Kingdom ......... Royal Air Force Lakenheath ...................... $4,509,000 

Defense Intelligence Agency 

Country Installation or Location Amount 

Korea .......................... K–16 Airfield .............................................. $5,050,000 

Defense Logistics Agency 

Country Installation or Location Amount 

Cuba ............................. Naval Air Station, Guantanamo Bay ........ $12,500,000 
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Defense Logistics Agency—Continued 

Country Installation or Location Amount 

Guam ........................... Naval Air Station, Agana .......................... $4,900,000 

Korea ........................... Osan Air Base ........................................... $28,000,000 

United Kingdom .......... Royal Air Force Mildenhall ....................... $4,700,000 

National Security Agency 

Country Installation or Location Amount 

United Kingdom .......... Royal Air Force Menwith Hill Station ...... $37,588,000 

TRICARE Management Activity 

Country Installation or Location Amount 

Guam ........................... Naval Activities, Guam .............................. $446,450,000 

United Kingdom .......... Royal Air Force Alconbury ........................ $14,227,000 

1 SEC. 2402. AUTHORIZATION OF APPROPRIATIONS, DE2 FENSE AGENCIES. 

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

4 be appropriated for fiscal years beginning after September 

5 30, 2009, for military construction, land acquisition, and 

6 military family housing functions of the Department of 

7 Defense (other than the military departments) in the total 

8 amount of $3,132,024,000, as follows: 

9 (1) For military construction projects inside the 

10 United States authorized by section 2401(a), 

11 $1,170,314,000. 

12 (2) For military construction projects outside 

13 the United States authorized by section 2401(b), 

14 $857,678,000. 
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1 (3) For unspecified minor military construction 

2 projects under section 2805 of title 10, United 

3 States Code, $33,025,000. 

4 (4) For contingency construction projects of the 

5 Secretary of Defense under section 2804 of title 10, 

6 United States Code, $10,000,000. 

7 (5) For architectural and engineering services 

8 and construction design under section 2807 of title 

9 10, United States Code, $121,442,000. 

10 (6) For energy conservation projects under 

11 chapter 173 of title 10, United States Code, 

12 $90,000,000. 

13 (7) For support of military family housing, in14 cluding functions described in section 2833 of title 

15 10, United States Code, and credits to the Depart16 ment of Defense Family Housing Improvement 

17 Fund under section 2883 of title 10, United States 

18 Code, and the Homeowners Assistance Fund estab19 lished under section 1013 of the Demonstration Cit20 ies and Metropolitan Development Act of 1966 (42 

21 U.S.C. 3374), $77,898,000. 

22 (8) For the construction of increment 4 of the 

23 Army Medical Research Institute of Infectious Dis24 eases Stage 1 at Fort Detrick, Maryland, authorized 

25 by section 2401(a) of the Military Construction Au-
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1 thorization Act of Fiscal Year 2007 (division B of 

2 Public Law 109–364; 120 Stat. 2457), $28,000,000. 

3 (9) For the construction of increment 2 of re4 placement fuel storage facilities at Point Loma 

5 Annex, California, authorized by section 2401(a) of 

6 the Military Construction Authorization Act of Fis7 cal Year 2008 (division B of Public Law 110–181; 

8 122 Stat. 521), as amended by section 2405 of this 

9 Act, $92,300,000. 

10 (10) For the construction of increment 3 of a 

11 special operations facility at Dam Neck, Virginia, 

12 authorized by section 2401(a) of the Military Con13 struction Authorization Act of Fiscal Year 2008 (di14 vision B of Public Law 110–181; 122 Stat. 521), 

15 $15,967,000. 

16 (11) For the construction of increment 2 of the 

17 United States Army Medical Research Institute of 

18 Chemical Defense replacement facility at Aberdeen 

19 Proving Ground, Maryland, authorized by section 

20 2401(a) of the Military Construction Authorization 

21 Act of Fiscal Year 2009 (division B of Public Law 

22 110–417 122 Stat. 4689), $111,400,000. 

23 (12) For the construction of fuel storage tanks 

24 and pipeline replacement at Souda Bay, Greece, au25 thorized by section 2401(b) of the Military Con-
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1 struction Authorization Act of Fiscal Year 2009 (di2 vision B of Public Law 110–417; 122 Stat. 4691), 

3 as amended by section 2406 of this Act, 

4 $24,000,000. 

5 (13) For the construction of increment 2 of a 

6 National Security Agency data center at Camp Wil7 liams, Utah, authorized as a Military Construction, 

8 Defense-Wide project by the Supplemental Appro9 priations Act, 2009, $500,000,000. 

10 (b) LIMITATION ON TOTAL COST OF CONSTRUCTION

11 PROJECTS.—Notwithstanding the cost variations author12 ized by section 2853 of title 10, United States Code, and 

13 any other cost variation authorized by law, the total cost 

14 of all projects carried out under section 2401 of this Act 

15 may not exceed the sum of the total amount authorized 

16 to be appropriated under paragraphs (1) and (2) of sub17 section (a). 

18 (c) AVAILABILITY OF FUNDS FOR ENERGY CON19 SERVATION PROJECTS OF RESERVE COMPONENTS.—Of 

20 the amount authorized to be appropriated by subsection 

21 (a)(6) for energy conservation projects under chapter 173 

22 of title 10, United States Code, the Secretary of Defense 

23 shall reserve a portion of the amount for energy conserva24 tion projects for the reserve components in an amount that 

25 bears the same proportion to the total amount authorized 
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1 to be appropriated as the total quantity of energy con2 sumed by reserve facilities (as defined in section 18232(2) 

3 of such title) during fiscal year 2009 bears to the total 

4 quantity of energy consumed by all military installations 

5 (as defined in section 2687(e)(1) of such title) during that 

6 fiscal year, as determined by the Secretary. 

7 SEC. 2403. MODIFICATION OF AUTHORITY TO CARRY OUT 

8 CERTAIN FISCAL YEAR 2008 PROJECT. 

9 (a) MODIFICATION.—The table relating to the De10 fense Logistics Agency in section 2401 (a) of the Military 

11 Construction Authorization Act for Fiscal Year 2008 (di12 vision B of Public Law 110–181; 122 Stat. 521) is amend13 ed in the item relating to Point Loma Annex, California, 

14 by striking ‘‘$140,000,000’’ in the amount column and in15 serting ‘‘$195,000,000’’. 

16 (b) CONFORMING AMENDMENT.—Section 2403(b)(2) 

17 of that Act (122 Stat.524) is amended by striking 

18 ‘‘$84,300,000’’ and inserting ‘‘$139,300,000’’. 

19 SEC. 2404. MODIFICATION OF AUTHORITY TO CARRY OUT 

20 CERTAIN FISCAL YEAR 2009 PROJECT. 

21 (a) MODIFICATION.—The table relating to the De22 fense Logistics Agency in section 2401 (b) of the Military 

23 Construction Authorization Act for Fiscal Year 2009 (di24 vision B of Public Law 110–417; 122 Stat. 4691) is 

25 amended in the item relating to Souda Bay, Greece, by 
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1 striking ‘‘$8,000,000’’ in the amount column and insert2 ing ‘‘$32,000,000’’. 

3 (b) CONFORMING AMENDMENT.—Section 2403(b) of 

4 that Act (122 Stat. 4692) is amended by adding at the 

5 end the following new paragraph: 

6 ‘‘(5) $24,000,000 (the balance of the amount 

7 authorized for the Defense Logistics Agency under 

8 section 2401(b) for fuel storage tanks and pipeline 

9 replacement at Souda Bay, Greece).’’. 

10 SEC. 2405. EXTENSION OF AUTHORIZATIONS OF CERTAIN 

11 FISCAL YEAR 2007 PROJECT. 

12 (a) EXTENSION.—Notwithstanding section 2701 of 

13 the Military Construction Authorization Act for Fiscal 

14 Year 2007 (division B of Public Law 109–364; 120 Stat. 

15 2463), authorizations set forth in the table in subsection 

16 (b), as provided in section 2402 of that Act, shall remain 

17 in effect until October 1, 2010, or the date of the enact18 ment of an Act authorizing funds for military construction 

19 for fiscal year 2011, whichever is later. 

20 (b) TABLE.—The table referred to in subsection (a) 

21 is as follows: 

Defense Logistics Agency: Family Housing 

State Location Units Amount 

Virginia ................ Defense Supply Center, Richmond.Whole House 

Renovation.

$484,000 
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1 Subtitle B—Chemical 

2 Demilitarization Authorizations 

3 SEC. 2411. AUTHORIZATION OF APPROPRIATIONS, CHEM4 ICAL DEMILITARIZATION CONSTRUCTION, 

5 DEFENSE-WIDE. 

6 Funds are hereby authorized to be appropriated for 

7 fiscal years beginning after September 30, 2009, for mili8 tary construction and land acquisition for chemical demili9 tarization in the total amount of $146,541,000 as follows: 

10 (1) For the construction of phase 11 of a chem11 ical munitions demilitarization facility at Pueblo 

12 Chemical Activity, Colorado, authorized by section 

13 2401(a) of the Military Construction Authorization 

14 Act for Fiscal Year 1997 (division B of Public Law 

15 104–201; 110 Stat. 2775), as amended by section 

16 2406 of the Military Construction Authorization Act 

17 for Fiscal Year 2000 (division B of Public Law 106– 

18 65; 113 Stat. 839), section 2407 of the Military 

19 Construction Authorization Act for Fiscal Year 2003 

20 (division B of Public Law 107–314; 116 Stat. 

21 2698), and section 2413 of the Military Construc22 tion Authorization Act for Fiscal Year 2009 (divi23 sion B of Public Law 110–417; 122 Stat. 4697), 

24 $92,500,000. 
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1 (2) For the construction of phase 10 of a muni2 tions demilitarization facility at Blue Grass Army 

3 Depot, Kentucky, authorized by section 2401(a) of 

4 the Military Construction Authorization Act for Fis5 cal Year 2000 (division B of Public Law 106–65; 

6 113 Stat. 835), as amended by section 2405 of the 

7 Military Construction Authorization Act for Fiscal 

8 Year 2002 (division B of Public Law 107–107; 115 

9 Stat. 1298), section 2405 of the Military Construc10 tion Authorization Act for Fiscal Year 2003 (divi11 sion B of Public Law 107–314; 116 Stat. 2698), 

12 and section 2414 of the Military Construction Au13 thorization Act for Fiscal Year 2009 (division B of 

14 Public Law 110–417; 122 Stat. 4697), $54,041,000. 

15 TITLE XXV—NORTH ATLANTIC 

16 TREATY ORGANIZATION SE17 CURITY INVESTMENT PRO18 GRAM 

Sec. 2501. Authorized NATO construction and land acquisition projects. 

Sec. 2502. Authorization of appropriations, NATO. 

19 SEC. 2501. AUTHORIZED NATO CONSTRUCTION AND LAND 

20 ACQUISITION PROJECTS. 

21 The Secretary of Defense may make contributions for 

22 the North Atlantic Treaty Organization Security Invest23 ment Program as provided in section 2806 of title 10, 

24 United States Code, in an amount not to exceed the sum 
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1 of the amount authorized to be appropriated for this pur2 pose in section 2502 and the amount collected from the 

3 North Atlantic Treaty Organization as a result of con4 struction previously financed by the United States. 

5 SEC. 2502. AUTHORIZATION OF APPROPRIATIONS, NATO. 

6 Funds are hereby authorized to be appropriated for 

7 fiscal years beginning after September 30, 2009, for con8 tributions by the Secretary of Defense under section 2806 

9 of title 10, United States Code, for the share of the United 

10 States of the cost of projects for the North Atlantic Treaty 

11 Organization Security Investment Program authorized by 

12 section 2501, in the amount of $276,314,000. 

13 TITLE XXVI—GUARD AND 

14 RESERVE FORCES FACILITIES 

Sec. 2601. Authorized Army National Guard construction and land acquisition 

projects. 

Sec. 2602. Authorized Army Reserve construction and land acquisition projects. 

Sec. 2603. Authorized Navy Reserve and Marine Corps Reserve construction 

and land acquisition projects. 

Sec. 2604. Authorized Air National Guard construction and land acquisition 

projects. 

Sec. 2605. Authorized Air Force Reserve construction and land acquisition 

projects. 

Sec. 2606. Authorization of appropriations, National Guard and Reserve. 

Sec. 2607. Extension of authorizations of certain fiscal year 2007 projects. 

Sec. 2608. Extension of authorizations of certain fiscal year 2006 project. 

15 SEC. 2601. AUTHORIZED ARMY NATIONAL GUARD CON16 STRUCTION AND LAND ACQUISITION 

17 PROJECTS. 

18 (a) INSIDE THE UNITED STATES.—Using amounts 

19 appropriated pursuant to the authorization of appropria-
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1 tions in section 2606(1)(A), the Secretary of the Army 

2 may acquire real property and carry out military construc3 tion projects for the Army National Guard locations inside 

4 the United States, and in the amounts, set forth in the 

5 following table: 

Army National Guard: Inside the United States 

State Location Amount 

Alabama ............................. Fort McClellan ....................................... $3,000,000 

Arizona ............................... Camp Navajo ......................................... $3,000,000 

California ........................... Los Alamitos Joint Forces Training 

Base.

$31,000,000 

Georgia ............................... Fort Benning ......................................... $15,500,000 

Hunter Army Air Field ......................... $8,967,000 

Idaho .................................. Gowen Field ........................................... $16,100,000 

Indiana ............................... Muscatatuck Urban Training Center .... $10,100,000 

Massachusetts .................... Hanscom Air Force Base ...................... $29,000,000 

Michigan ............................. Fort Custer ............................................ $7,732,000 

Minnesota ........................... Arden Hills ............................................ $6,700,000 

Camp Ripley .......................................... $1,710,000 

Mississippi .......................... Camp Shelby .......................................... $16,100,000 

Missouri ............................. Boonville ................................................ $1,800,000 

Nebraska ............................ Lincoln Municipal Airport ..................... $23,000,000 

New Mexico ........................ Santa Fe ................................................ $39,000,000 

Nevada ............................... North Las Vegas ................................... $26,000,000 

North Carolina ................... East Flat Rock ...................................... $2,516,000 

Fort Bragg ............................................ $6,038,000 

Oregon ................................ Polk County ........................................... $12,100,000 

South Carolina ................... McEntire Joint National Guard Base ... $26,000,000 

Donaldson Air Force Base .................... $40,000,000 

Texas .................................. Austin .................................................... $22,200,000 

Virginia .............................. Fort Pickett ........................................... $32,000,000 

6 (b) OUTSIDE THE UNITED STATES.—Using amounts 

7 appropriated pursuant to the authorization of appropria8 tions in section 2606(1)(B), the Secretary of the Army 

9 may acquire real property and carry out military construc10 tion projects for the Army National Guard locations out11 side the United States, and in the amounts, set forth in 

12 the following table: 
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Army National Guard: Outside the United States 

Country Location Amount 

Guam .................................. Barrigada ............................................... $30,000,000 

Virgin Islands .................... St. Croix ................................................ $20,000,000 

1 SEC. 2602. AUTHORIZED ARMY RESERVE CONSTRUCTION 

2 AND LAND ACQUISITION PROJECTS. 

3 (a) INSIDE THE UNITED STATES.—Using amounts 

4 appropriated pursuant to the authorization of appropria5 tions in section 2606(2)(A), the Secretary of the Army 

6 may acquire real property and carry out military construc7 tion projects for the Army Reserve locations inside the 

8 United States, and in the amounts, set forth in the fol9 lowing table: 

Army Reserve: Inside the United States 

State Location Amount 

California ..................... Camp Pendleton ........................................ $19,500,000 

Los Angeles ................................................ $29,000,000 

Colorado Colorado Springs ....................................... $13,000,000 

Connecticut .................. Bridgeport .................................................. $18,500,000 

Florida ......................... Panama City .............................................. $7,300,000 

West Palm Beach ...................................... $26,000,000 

Georgia ......................... Atlanta ....................................................... $14,000,000 

Illinois .......................... Chicago ...................................................... $23,000,000 

Minnesota ..................... Fort Snelling .............................................. $12,000,000 

New York ..................... Rochester ................................................... $13,600,000 

Ohio .............................. Cincinnati .................................................. $13,000,000 

Pennsylvania ................ Ashley ........................................................ $9,800,000 

Harrisburg ................................................. $7,600,000 

Newton Square .......................................... $20,000,000 

Uniontown .................................................. $11,800,000 

Texas ............................ Austin ........................................................ $20,000,000 

Bryan ......................................................... $12,200,000 

Fort Bliss ................................................... $9,500,000 

Houston ..................................................... $24,000,000 

Robstown ................................................... $10,200,000 

San Antonio ............................................... $20,000,000 

Wisconsin ..................... Fort McCoy ................................................ $25,000,000 

10 (b) OUTSIDE THE UNITED STATES.—Using amounts 

11 appropriated pursuant to the authorization of appropria-
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1 tions in section 2606(2)(B), the Secretary of the Army 

2 may acquire real property and carry out military construc3 tion projects for the Army Reserve location outside the 

4 United States, and in the amount, set forth in the fol5 lowing table: 

Army Reserve: Outside the United States 

Country Location Amount 

Puerto Rico ........................ Caguas ................................................. $12,400,000 

6 SEC. 2603. AUTHORIZED NAVY RESERVE AND MARINE 

7 CORPS RESERVE CONSTRUCTION AND LAND 

8 ACQUISITION PROJECTS. 

9 Using amounts appropriated pursuant to the author10 ization of appropriations in section 2606(3), the Secretary 

11 of the Navy may acquire real property and carry out mili12 tary construction projects for the Navy Reserve and Ma13 rine Corps Reserve locations, and in the amounts, set forth 

14 in the following table: 

Navy Reserve and Marine Corps Reserve 

State Location Amount 

Arizona ............................... Luke Air Force Base ............................. $10,986,000 

California ........................... Alameda ................................................. $5,960,000 

Illinois ................................ Joliet Army Ammunition Plant ............. $7,957,000 

South Carolina ................... Goose Creek ........................................... $4,240,000 

Texas .................................. San Antonio ........................................... $2,210,000 

Forth Worth Naval Air Station Joint 

Reserve Base.

$6,170,000 

Virginia .............................. Oceana Naval Air Station ..................... $30,400,000 
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1 SEC. 2604. AUTHORIZED AIR NATIONAL GUARD CONSTRUC2 TION AND LAND ACQUISITION PROJECTS. 

3 Using amounts appropriated pursuant to the author4 ization of appropriations in section 2606(4)(A), the Sec5 retary of the Air Force may acquire real property and 

6 carry out military construction projects for the Air Na7 tional Guard locations, and in the amounts, set forth in 

8 the following table: 

Air National Guard 

State Location Amount 

Arizona ............................... Davis-Monthan Air Force Base ............. $5,600,000 

California ........................... South California Logistics Airport ........ $8,400,000 

Connecticut ........................ Bradley International Airport ............... $9,000,000 

Hawaii ................................ Hickam Air Force .................................. $33,000,000 

Illinois ................................ Lincoln Capital Airport ......................... $3,000,000 

Kansas ............................... McConnell Air Force Base .................... $8,700,000 

Maine ................................. Bangor International Airport ................ $28,000,000 

Maryland ............................ Andrews Air Force Base ....................... $14,000,000 

Massachusetts .................... Barnes Air National Guard Base .......... $8,100,000 

Mississippi .......................... Gulfport-Biloxi Regional Airport ........... $6,500,000 

Wheeler Sack AAF ................................ $2,700,000 

Nebraska ............................ Lincoln Municipal Airport ..................... $1,500,000 

Ohio .................................... Mansfield Lahm Airport ........................ $11,400,000 

Oklahoma ........................... Will Rogers World Airport .................... $7,300,000 

Texas .................................. Kelly Field Annex .................................. $7,900,000 

Wisconsin ........................... General Mitchell International Airport $5,000,000 

9 SEC. 2605. AUTHORIZED AIR FORCE RESERVE CONSTRUC10 TION AND LAND ACQUISITION PROJECTS. 

11 Using amounts appropriated pursuant to the author12 ization of appropriations in section 2606(4)(B), the Sec13 retary of the Air Force may acquire real property and 

14 carry out military construction projects for the Air Force 

15 Reserve locations, and in the amounts, set forth in the 

16 following table: 
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Air Force Reserve 

State Location Amount 

California ........................... March Air Reserve Base ........................ $9,800,000 

Colorado ............................. Schriever Air Force Base ...................... $10,200,000 

Mississippi .......................... Keesler Air Force Base ......................... $9,800,000 

New York ........................... Niagara Falls Air Reserve Station ........ $5,700,000 

Texas .................................. Lackland Air Force Base ...................... $1,500,000 

Utah ................................... Hill Air Force Base ............................... $3,200,000 

1 SEC. 2606. AUTHORIZATION OF APPROPRIATIONS, NA2 TIONAL GUARD AND RESERVE. 

3 Funds are hereby authorized to be appropriated for 

4 fiscal years beginning after September 30, 2009, for the 

5 costs of acquisition, architectural and engineering services, 

6 and construction of facilities for the Guard and Reserve 

7 Forces, and for contributions therefor, under chapter 

8 1803 of title 10, United States Code (including the cost 

9 of acquisition of land for those facilities), in the following 

10 amounts: 

11 (1) For the Department of the Army, for the 

12 Army National Guard of the United States— 

13 (A) for military construction projects in14 side the United States authorized by section 

15 2601(a), $509,129,000; and 

16 (B) for military construction projects out17 side the United States authorized by section 

18 2601(b), $20,000,000. 

19 (2) For the Department of the Army, for the 

20 Army Reserve— 
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1 (A) for military construction projects in2 side the United States authorized by section 

3 2602(a), $420,116,000; and 

4 (B) for military construction projects out5 side the United States authorized by section 

6 2602(b), $12,400,000. 

7 (3) For the Department of the Navy, for the 

8 Navy and Marine Corps Reserve, $172,177,000. 

9 (4) For the Department of the Air Force— 

10 (A) for the Air National Guard of the 

11 United States, $226,126,000; and 

12 (B) for the Air Force Reserve, 

13 $103,169,000. 

14 SEC. 2607. EXTENSION OF AUTHORIZATIONS OF CERTAIN 

15 FISCAL YEAR 2007 PROJECTS. 

16 (a) EXTENSION.—Notwithstanding section 2701 of 

17 the Military Construction Authorization Act for Fiscal 

18 Year 2007 (division B of Public Law 109–364; 120 Stat. 

19 2463), the authorizations set forth in the table in sub20 section (b), as provided in section 2601 of that Act, shall 

21 remain in effect until October 1, 2010, or the date of the 

22 enactment of an Act authorizing funds for military con23 struction for fiscal year 2011, whichever is later. 

24 (b) TABLE.—The table referred to in subsection (a) 

25 is as follows: 
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Army National Guard: Extension of 2007 Project Authorizations 

State Installation or Location Project Amount 

California ................. Fresno ...................... AVCRAD Add/Alt, 

PH I.

$30,000,000 

New Jersey .............. Lakehurst ................ Consolidated Logistics Training Facility, PH II.$20,024,000 

1 SEC. 2608. EXTENSION OF AUTHORIZATIONS OF CERTAIN 

2 FISCAL YEAR 2006 PROJECT. 

3 (a) EXTENSION.—Notwithstanding section 2701 of 

4 the Military Construction Authorization Act for Fiscal 

5 Year 2006 (division B of Public Law 109–163; 119 Stat. 

6 3501), the authorization set forth in the table in sub7 section (b), as provided in section 2601 of that Act (119 

8 Stat. 3501) and extended by section 2608 of the Military 

9 Construction Authorization Act for Fiscal Year 2009 (di10 vision B of Public Law 110–417; 122 Stat. 4710), shall 

11 remain in effect until October 1, 2010, or the date of the 

12 enactment of an Act authorizing funds for military con13 struction for fiscal year 2011, whichever is later. 

14 (b) TABLE.—The table referred to in subsection (a) 

15 is as follows: 

Army National Guard: Extension of 2006 Project Authorization 

State Installation or Location Project Amount 

Montana ................... Townsend ................. Automated Qualification Training 

Range.

$2,532,000 
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1 TITLE XXVII—BASE CLOSURE 

2 AND REALIGNMENT ACTIVITIES 

Subtitle A—Authorizations 

Sec. 2701. Authorization of appropriations for base closure and realignment activities funded through Department of Defense Base Closure 

Account 1990. 

Sec. 2702. Authorized base closure and realignment activities funded through 

Department of Defense Base Closure Account 2005. 

Sec. 2703. Authorization of appropriations for base closure and realignment activities funded through Department of Defense Base Closure 

Account 2005. 

Subtitle B—Amendments to Base Closure and Related Laws 

Sec. 2711. Use of economic development conveyances to implement base closure 

and realignment property recommendations. 

Subtitle C—Other Matters 

Sec. 2721. Sense of Congress on ensuring joint basing recommendations do not 

adversely affect operational readiness. 

Sec. 2722. Modification of closure instructions regarding Paul Doble Army Reserve Center, Portsmouth, New Hampshire. 

3 Subtitle A—Authorizations 

4 SEC. 2701. AUTHORIZATION OF APPROPRIATIONS FOR 

5 BASE CLOSURE AND REALIGNMENT ACTIVI6 TIES FUNDED THROUGH DEPARTMENT OF 

7 DEFENSE BASE CLOSURE ACCOUNT 1990. 

8 Funds are hereby authorized to be appropriated for 

9 fiscal years beginning after September 30, 2009, for base 

10 closure and realignment activities, including real property 

11 acquisition and military construction projects, as author12 ized by the Defense Base Closure and Realignment Act 

13 of 1990 (part A of title XXIX of Public Law 101–510; 

14 10 U.S.C. 2687 note) and funded through the Department 

15 of Defense Base Closure Account 1990 established by sec-
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1 tion 2906 of such Act, in the total amount of 

2 $536,768,000, as follows: 

3 (1) For the Department of the Army, 

4 $133,723,000. 

5 (2) For the Department of the Navy, 

6 $228,000,000. 

7 (3) For the Department of the Air Force, 

8 $172,364,000. 

9 (4) For the Defense Agencies, $2,681,000. 

10 SEC. 2702. AUTHORIZED BASE CLOSURE AND REALIGN11 MENT ACTIVITIES FUNDED THROUGH DE12 PARTMENT OF DEFENSE BASE CLOSURE AC13 COUNT 2005. 

14 Using amounts appropriated pursuant to the author15 ization of appropriations in section 2703, the Secretary 

16 of Defense may carry out base closure and realignment 

17 activities, including real property acquisition and military 

18 construction projects, as authorized by the Defense Base 

19 Closure and Realignment Act of 1990 (part A of title 

20 XXIX of Public Law 101–510; 10 U.S.C. 2687 note) and 

21 funded through the Department of Defense Base Closure 

22 Account 2005 established by section 2906A of such Act, 

23 in the amount of $5,934,740,000. 
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1 SEC. 2703. AUTHORIZATION OF APPROPRIATIONS FOR 

2 BASE CLOSURE AND REALIGNMENT ACTIVI3 TIES FUNDED THROUGH DEPARTMENT OF 

4 DEFENSE BASE CLOSURE ACCOUNT 2005. 

5 Funds are hereby authorized to be appropriated for 

6 fiscal years beginning after September 30, 2009, for base 

7 closure and realignment activities, including real property 

8 acquisition and military construction projects, as author9 ized by the Defense Base Closure and Realignment Act 

10 of 1990 (part A of title XXIX of Public Law 101–510; 

11 10 U.S.C. 2687 note) and funded through the Department 

12 of Defense Base Closure Account 2005 established by sec13 tion 2906A of such Act, in the total amount of 

14 $7,129,498,000, as follows: 

15 (1) For the Department of the Army, 

16 $4,081,037,000. 

17 (2) For the Department of the Navy, 

18 $591,572,000. 

19 (3) For the Department of the Air Force, 

20 $418,260,000. 

21 (4) For the Defense Agencies, $2,038,629,000. 
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1 Subtitle B—Amendments to Base 

2 Closure and Related Laws 

3 SEC. 2711. USE OF ECONOMIC DEVELOPMENT CONVEY4 ANCES TO IMPLEMENT BASE CLOSURE AND 

5 REALIGNMENT PROPERTY RECOMMENDA6 TIONS. 

7 (a) ECONOMIC REDEVELOPMENT CONVEYANCE AU8 THORITY.—Subsection (b)(4) of section 2905 of the De9 fense Base Closure and Realignment Act of 1990 (part 

10 A of title XXIX of Public Law 101–510; 10 U.S.C. 2687 

11 note) is amended— 

12 (1) in subparagraph (A), by striking ‘‘job gen13 eration’’ and inserting ‘‘economic redevelopment’’; 

14 (2) by striking subparagraph (B) and inserting 

15 the following new subparagraph: 

16 ‘‘(B) Real or personal property at a military installa17 tion shall be conveyed, without consideration, under sub18 paragraph (A) to the redevelopment authority with respect 

19 to the installation if the authority— 

20 ‘‘(i) agrees that the proceeds from any sale or 

21 lease of the property (or any portion thereof) re22 ceived by the redevelopment authority during at 

23 least the first seven years after the date of the initial 

24 transfer of the property under subparagraph (A) or 

25 the completion of the initial redevelopment of the 
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1 property, whichever is earlier, shall be used to sup2 port the economic redevelopment of, or related to, 

3 the installation; and 

4 ‘‘(ii) executes the agreement for transfer of the 

5 property and accepts control of the property within 

6 a reasonable time after the requirements associated 

7 with subsection (c) are satisfied.’’; and 

8 (3) in subparagraph (C), by adding at the end 

9 the following new clause: 

10 ‘‘(xiii) Environmental restoration, waste man11 agement, and environmental compliance activities 

12 provided pursuant to subsection (e).’’. 

13 (b) RECOUPMENT AUTHORITY.—Subsection 

14 (b)(4)(D) of such section is amended— 

15 (1) by striking ‘‘The Secretary’’ and inserting 

16 ‘‘At the conclusion of the period specified in sub17 paragraph (B) applicable to an installation, the Sec18 retary’’; and 

19 (2) by striking ‘‘for the period specified in sub20 paragraph (B)’’ and inserting ‘‘before the conclusion 

21 of such period’’. 

22 (c) REGULATIONS AND REPORT CONCERNING PROP23 ERTY CONVEYANCES.— 

24 (1) REGULATIONS.—Not later than 60 days 

25 after the date of the enactment of this Act, the Sec-
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1 retary of Defense shall prescribe regulations to im2 plement the amendments made by this section to 

3 support the conveyance of surplus real and personal 

4 property at closed or realigned military installations 

5 to local redevelopment authorities for economic de6 velopment purposes. 

7 (2) REPORT.—Not later than 180 days after 

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

9 of Defense shall submit to Congress a report regard10 ing the status of current and anticipated economic 

11 development conveyances involving surplus real and 

12 personal property at closed or realigned military in13 stallations, projected job creation as a result of the 

14 conveyances, community reinvestment, and progress 

15 made as a result of the implementation of the 

16 amendments made by this section. 

17 Subtitle C—Other Matters 

18 SEC. 2721. SENSE OF CONGRESS ON ENSURING JOINT BAS19 ING RECOMMENDATIONS DO NOT AD20 VERSELY AFFECT OPERATIONAL READINESS. 

21 It is the sense of Congress that, in implementing the 

22 joint basing recommendations of the Defense Base Closure 

23 and Realignment Commission contained in the report of 

24 the Commission transmitted to Congress on September 

25 15, 2005, under section 2903(e) of the Defense Base Clo-
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1 sure and Realignment Act of 1990 (part A of title XXIX 

2 of Public Law 101–510; 10 U.S.C. 2687 note), the Sec3 retary of Defense should ensure that the joint basing of 

4 military installations at any of the recommended locations 

5 does not adversely impact— 

6 (1) the ability of commanders, and the units of 

7 the Armed Forces under their command, to perform 

8 their operational missions; 

9 (2) the command and control of commanders at 

10 each military installation that has an operational 

11 mission requirement; and 

12 (3) the readiness of the units of the Armed 

13 Forces under their command. 

14 SEC. 2722. MODIFICATION OF CLOSURE INSTRUCTIONS RE15 GARDING PAUL DOBLE ARMY RESERVE CEN16 TER, PORTSMOUTH, NEW HAMPSHIRE. 

17 With respect to the closure of the Paul Doble Army 

18 Reserve Center in Portsmouth, New Hampshire, and relo19 cation of units to a new reserve center and associated 

20 training and maintenance facilities, the new reserve center 

21 and associated training and maintenance facilities may be 

22 located adjacent to or in the vicinity of Pease Air National 

23 Guard Base. 
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1 SEC. 2723. SENSE OF CONGRESS REGARDING TRAFFIC MITI2 GATION IN VICINITY OF NATIONAL NAVAL 

3 MEDICAL CENTER, BETHESDA, MARYLAND, IN 

4 RESPONSE TO INSTALLATION EXPANSION. 

5 Given the anticipated significant increases in local 

6 traffic in the vicinity of the National Naval Medical Cen7 ter, Bethesda, Maryland, and the unusual impact that 

8 such traffic increases will have on the surrounding com9 munity due to the planned expansion of the installation, 

10 it is the sense of Congress that— 

11 (1) multiple methods are available to the De12 partment of Defense to implement the defense ac13 cess roads program (section 210 of title 23, United 

14 States Code) to help alleviate traffic congestion, in15 cluding expansion of adjacent highways, improve16 ments to nearby intersections, on-base queuing op17 tions, and multi-modal expansion, including ex18 panded support of buses and subways and other 

19 measures; and 

20 (2) all of the efforts to alleviate the significant 

21 traffic impact need to be pursued to ensure readily 

22 available access to health care at the installation. 
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1 TITLE XXVIII—MILITARY CON2 STRUCTION GENERAL PROVI3 SIONS 

Subtitle A—Military Construction Program and Military Family Housing 

Changes 

Sec. 2801. Modification of unspecified minor construction authorities. 

Sec. 2802. Congressional notification of facility repair projects carried out 

using operation and maintenance funds. 

Sec. 2803. Authorized scope of work variations for military construction 

projects and military family housing projects. 

Sec. 2804. Imposition of requirement that acquisition of reserve component facilities be authorized by law. 

Sec. 2805. Report on Department of Defense contributions to States for acquisition, construction, expansion, rehabilitation, or conversion of 

reserve component facilities. 

Sec. 2806. Authority to use operation and maintenance funds for construction 

projects inside the United States Central Command area of responsibility. 

Sec. 2807. Expansion of First Sergeants Barracks Initiative. 

Sec. 2808. Reports on privatization initiatives for military unaccompanied housing. 

Subtitle B—Real Property and Facilities Administration 

Sec. 2811. Imposition of requirement that leases of real property to the United 

States with annual rental costs of more than $750,000 be authorized by law. 

Sec. 2812. Consolidation of notice-and-wait requirements applicable to leases of 

real property owned by the United States. 

Sec. 2813. Clarification of authority of military departments to acquire low-cost 

interests in land and interests in land when need is urgent. 

Sec. 2814. Modification of utility systems conveyance authority. 

Sec. 2815. Decontamination and use of former bombardment area on island of 

Culebra. 

Sec. 2816. Disposal of excess property of Armed Forces Retirement Home. 

Sec. 2817. Acceptance of contributions to support cleanup efforts at former Almaden Air Force Station, California. 

Sec. 2818. Limitation on establishment of Navy outlying landing fields. 

Sec. 2819. Prohibition on outlying landing field at Sandbanks or Hale’s Lake, 

North Carolina, for Oceana Naval Air Station. 

Sec. 2820. Selection of military installations to serve as locations of brigade 

combat teams. 

Subtitle C—Provisions Related to Guam Realignment 

Sec. 2831. Role of Under Secretary of Defense for Policy in management and 

coordination of Department of Defense activities relating to 

Guam realignment. 

Sec. 2832. Clarifications regarding use of special purpose entities to assist with 

Guam realignment. 
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Sec. 2833. Workforce issues related to military construction and certain other 

transactions on Guam. 

Sec. 2834. Composition of workforce for construction projects funded through 

the Support for United States Relocation to Guam Account. 

Sec. 2835. Interagency Coordination Group of Inspector Generals for Guam 

Realignment. 

Sec. 2836. Compliance with Naval Aviation Safety requirements as condition on 

acceptance of replacement facility for Marine Corps Air Station, Futenma, Okinawa. 

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

Subtitle D—Energy Security 

Sec. 2841. Adoption of unified energy monitoring and management system 

specification for military construction and military family housing activities. 

Sec. 2842. Department of Defense use of electric and hybrid motor vehicles. 

Sec. 2843. Department of Defense goal regarding use of renewable energy 

sources to meet facility energy needs. 

Sec. 2844. Comptroller General report on Department of Defense renewable energy initiatives. 

Sec. 2845. Study on development of nuclear power plants on military installations. 

Subtitle E—Land Conveyances 

Sec. 2851. Transfer of administrative jurisdiction, Port Chicago Naval Magazine, California. 

Sec. 2852. Land conveyances, Naval Air Station, Barbers Point, Hawaii. 

Sec. 2853. Modification of land conveyance, former Griffiss Air Force Base, 

New York. 

Sec. 2854. Land conveyance, Army Reserve Center, Chambersburg, Pennsylvania. 

Sec. 2855. Land conveyance, Naval Air Station Oceana, Virginia. 

Sec. 2856. Land conveyance, Haines Tank Farm, Haines, Alaska. 

Sec. 2857. Completion of land exchange and consolidation, Fort Lewis, Washington. 

Subtitle F—Other Matters 

Sec. 2871. Revised authority to establish national monument to honor United 

States Armed Forces working dog teams. 

Sec. 2872. Naming of child development center at Fort Leonard Wood, Missouri, in honor of Mr. S. Lee Kling. 

Sec. 2873. Conditions on establishment of Cooperative Security Location in 

Palanquero, Colombia. 

Sec. 2874. Military activities at United States Marine Corps Mountain Warfare 

Training Center. 
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1 Subtitle A—Military Construction 

2 Program and Military Family 

3 Housing Changes 

4 SEC. 2801. MODIFICATION OF UNSPECIFIED MINOR CON5 STRUCTION AUTHORITIES. 

6 (a) REPEAL OF LIMITATIONS ON EXERCISE-RE7 LATED PROJECTS OVERSEAS.—Section 2805 of title 10, 

8 United States Code, is amended— 

9 (1) in subsection (a)— 

10 (A) by striking ‘‘(1) Except as provided in 

11 paragraph (2), within’’ and inserting ‘‘Within’’; 

12 (B) by striking paragraph (2); and 

13 (C) by striking ‘‘An unspecified’’ and in14 serting the following: 

15 ‘‘(2) An unspecified’’; and 

16 (2) in subsection (c)— 

17 (A) by striking ‘‘Except as provided in 

18 paragraphs (2) and (3)’’ and inserting ‘‘Except 

19 as provided in paragraph (2)’’; 

20 (B) by striking paragraph (2); and 

21 (C) by redesignating paragraph (3) as 

22 paragraph (2). 

23 (b) LABORATORY REVITALIZATION.— 

24 (1) REVITALIZATION AUTHORIZED.—Subsection 

25 (d) of such section is amended— 
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1 (A) in paragraph (1)(B), by inserting ‘‘or 

2 from funds authorized to be available under 

3 section 219(a) of the Duncan Hunter National 

4 Defense Authorization Act for Fiscal Year 2009 

5 (Public Law 110–417; 10 U.S.C. 2358 note)’’ 

6 after ‘‘authorized by law’’; 

7 (B) by striking paragraph (3); and 

8 (C) by redesignating paragraphs (4), (5), 

9 and (6) as paragraphs (3), (4), and (5), respec10 tively. 

11 (2) MECHANISMS TO PROVIDE FUNDS FOR RE12 VITALIZATION.—Section 219(a)(1) of the Duncan 

13 Hunter National Defense Authorization Act for Fis14 cal Year 2009 (Public Law 110–417; 10 U.S.C. 

15 2358 note) is amended by adding at the end the fol16 lowing new subparagraph: 

17 ‘‘(D) To fund the revitalization and recapi18 talization of the laboratory pursuant to section 

19 2805(d) of title 10, United States Code.’’. 

20 SEC. 2802. CONGRESSIONAL NOTIFICATION OF FACILITY 

21 REPAIR PROJECTS CARRIED OUT USING OP22 ERATION AND MAINTENANCE FUNDS. 

23 Section 2811(d) of title 10, United States Code, is 

24 amended— 
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1 (1) in paragraph (1), by striking ‘‘and’’ at the 

2 end; and 

3 (2) by striking paragraph (2) and inserting the 

4 following new paragraphs: 

5 ‘‘(2) if the current estimate of the cost of the 

6 repair project exceeds 50 percent of the estimated 

7 cost of a military construction project to replace the 

8 facility, an explanation of the reasons why replace9 ment of the facility is not in the best interest of the 

10 Government; and 

11 ‘‘(3) a description of the elements of military 

12 construction, including the elements specified in sec13 tion 2802(b) of this title, incorporated into the re14 pair project.’’. 

15 SEC. 2803. AUTHORIZED SCOPE OF WORK VARIATIONS FOR 

16 MILITARY CONSTRUCTION PROJECTS AND 

17 MILITARY FAMILY HOUSING PROJECTS. 

18 (a) AUTHORIZED PROCESS TO INCREASE SCOPE OF

19 WORK.—Section 2853 of title 10, United States Code, is 

20 amended— 

21 (1) in subsection (b)— 

22 (A) by striking ‘‘Except’’ and inserting 

23 ‘‘LIMITATION ON SCOPE OF WORK VARI24 ATIONS.—(1) Except’’; and 
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1 (B) by adding at the end the following new 

2 paragraph: 

3 ‘‘(2) Except as provided in subsection (c), the scope 

4 of work for a military construction project or for the con5 struction, improvement, and acquisition of a military fam6 ily housing project may not be increased beyond the 

7 amount approved for that project, construction, improve8 ment, or acquisition by Congress.’’; and 

9 (2) in subsection (c)— 

10 (A) in the matter preceding paragraph (1), 

11 by striking ‘‘scope reduction in subsection (b) 

12 does not apply if the variation in cost or reduc13 tion’’ and inserting ‘‘scope of work variations in 

14 subsection (b) does not apply if the variation in 

15 cost or the variation’’; and 

16 (B) in paragraph (1), by striking ‘‘reduc17 tion’’ both places it appears and inserting ‘‘vari18 ation’’. 

19 (b) STYLISTIC AMENDMENTS.—Such section is fur20 ther amended— 

21 (1) in subsection (a), by inserting ‘‘LIMITATION

22 ON COST VARIATIONS.—’’ before ‘‘Except’’; 

23 (2) in subsection (c), by inserting ‘‘EXCEPTION; 

24 NOTICE-AND-WAIT REQUIREMENTS.—’’ after ‘‘(c)’’; 

25 and 
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1 (3) in subsection (d), by inserting ‘‘ADDITIONAL

2 EXCEPTION TO LIMITATION ON COST VARI3 ATIONS.—’’ after ‘‘(d)’’. 

4 SEC. 2804. IMPOSITION OF REQUIREMENT THAT ACQUISI5 TION OF RESERVE COMPONENT FACILITIES 

6 BE AUTHORIZED BY LAW. 

7 Section 18233(a)(1) of title 10, United States Code, 

8 is amended by striking ‘‘as he determines to be necessary’’ 

9 and inserting ‘‘as are authorized by law’’. 

10 SEC. 2805. REPORT ON DEPARTMENT OF DEFENSE CON11 TRIBUTIONS TO STATES FOR ACQUISITION, 

12 CONSTRUCTION, EXPANSION, REHABILITA13 TION, OR CONVERSION OF RESERVE COMPO14 NENT FACILITIES. 

15 (a) REPORT REQUIRED.—Not later than March 1, 

16 2010, the Secretary of Defense shall submit to the con17 gressional defense committees a report specifying, for each 

18 of fiscal years 2005 through 2009, the total amount of 

19 contributions made by the Secretary to each State under 

20 the authority of paragraphs (2) through (6) of section 

21 18233(a) of title 10, United States Code, for reserve com22 ponent facilities. The amounts contributed under each of 

23 such paragraphs for each State shall be specified sepa24 rately. 
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1 (b) DEFINITIONS.—In this section, the terms ‘‘State’’ 

2 and ‘‘facility’’ have the meanings given those terms in sec3 tion 18232 of such title. 

4 SEC. 2806. AUTHORITY TO USE OPERATION AND MAINTE5 NANCE FUNDS FOR CONSTRUCTION 

6 PROJECTS INSIDE THE UNITED STATES CEN7 TRAL COMMAND AREA OF RESPONSIBILITY. 

8 (a) ONE-YEAR EXTENSION OF AUTHORITY.—Section 

9 2808 of the Military Construction Authorization Act for 

10 Fiscal Year 2004 (division B of Public Law 108–136; 117 

11 Stat. 1723), as most recently amended by section 2806 

12 of the Military Construction Authorization Act for Fiscal 

13 Year 2009 (division B of Public Law 110–417; 112 Stat. 

14 4724), is amended— 

15 (1) in subsection (a), by striking ‘‘During fiscal 

16 year 2004’’ and all that follows through ‘‘obligate’’ 

17 and inserting ‘‘The Secretary of Defense may obli18 gate’’; and 

19 (2) by adding at the end the following new sub20 section: 

21 ‘‘(h) EXPIRATION OF AUTHORITY.—The authority to 

22 obligate funds under this section expires on September 30, 

23 2010.’’. 

24 (b) GEOGRAPHIC AREA OF AUTHORITY.—Subsection 

25 (a) of such section is further amended by striking ‘‘and 
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1 United States Africa Command areas of responsibility’’ 

2 and inserting ‘‘area of responsibility’’. 

3 (c) ANNUAL FUNDING LIMITATION ON USE OF AU4 THORITY; EXCEPTION.—Subsection (c) of such section is 

5 amended by striking paragraph (2) and inserting the fol6 lowing new paragraph: 

7 ‘‘(2) Notwithstanding paragraph (1), the Secretary of 

8 Defense may authorize the obligation under this section 

9 of not more than an additional $10,000,000 of appro10 priated funds available for operation and maintenance for 

11 a fiscal year if the Secretary determines that the addi12 tional funds are needed for costs associated with contract 

13 closeouts.’’. 

14 (d) CLERICAL AMENDMENT TO CORRECT REF15 ERENCE TO CONGRESSIONAL COMMITTEE.—Subsection 

16 (f) of such section is amended by striking ‘‘Subcommittees 

17 on Defense and Military Construction’’ both places it ap18 pears and inserting ‘‘Subcommittee on Defense and the 

19 Subcommittee on Military Construction, Veterans Affairs, 

20 and Related Agencies’’. 

21 SEC. 2807. EXPANSION OF FIRST SERGEANTS BARRACKS 

22 INITIATIVE. 

23 (a) EXPANSION OF INITIATIVE.—Not later than Sep24 tember 30, 2011, the Secretary of the Army shall expand 

25 the First Sergeants Barracks Initiative (FSBI) to include 
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1 all Army installations in order to improve the quality of 

2 life and living environments for single soldiers. 

3 (b) PROGRESS REPORTS.—Not later than February 

4 15, 2010, and February 15, 2011, the Secretary of the 

5 Army shall submit to the congressional defense commit6 tees a report describing the progress made in expanding 

7 the First Sergeants Barracks Initiative to all Army instal8 lations. 

9 SEC. 2808. REPORTS ON PRIVATIZATION INITIATIVES FOR 

10 MILITARY UNACCOMPANIED HOUSING. 

11 (a) SECRETARY OF DEFENSE REPORT.—Not later 

12 than March 31, 2010, the Secretary of Defense shall sub13 mit to the Committees on Armed Services of the Senate 

14 and the House of Representatives a report containing— 

15 (1) an evaluation of the process by which the 

16 Secretary develops, implements, and oversees hous17 ing privatization transactions involving military un18 accompanied housing; 

19 (2) recommendations regarding additional op20 portunities for members of the Armed Forces to uti21 lize housing privatization transactions involving mili22 tary unaccompanied housing; and 

23 (3) an evaluation of the impact of a prohibition 

24 on civilian occupancy of such housing on the ability 
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1 to secure private partners for such housing privat2 ization transactions. 

3 (b) COMPTROLLER GENERAL REPORT.—Not later 

4 than March 31, 2010, the Comptroller General shall sub5 mit to the Committees on Armed Services of the Senate 

6 and the House of Representatives a report evaluating the 

7 feasibility and cost of privatizing military unaccompanied 

8 housing for all members of the Armed Forces. 

9 (c) HOUSING PRIVATIZATION TRANSACTION DE10 FINED.—In this section, the term ‘‘housing privatization 

11 transaction’’ means any contract or other transaction for 

12 the construction or acquisition of military unaccompanied 

13 housing entered into under the authority of subchapter IV 

14 of chapter 169 of title 10, United States Code. 

15 Subtitle B—Real Property and 

16 Facilities Administration 

17 SEC. 2811. IMPOSITION OF REQUIREMENT THAT LEASES OF 

18 REAL PROPERTY TO THE UNITED STATES 

19 WITH ANNUAL RENTAL COSTS OF MORE 

20 THAN $750,000 BE AUTHORIZED BY LAW. 

21 (a) AUTHORIZATION REQUIRED.—Section 2661 of 

22 title 10, United States Code, is amended by inserting after 

23 subsection (b) the following new subsection: 

24 ‘‘(c) AUTHORIZATION OF CERTAIN LEASES TO THE

25 UNITED STATES REQUIRED BY LAW.—If the estimated 
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1 annual rental in connection with a proposed lease of real 

2 property to the United States is more than $750,000, the 

3 Secretary of a military department or, with respect to a 

4 Defense Agency, the Secretary of Defense may enter into 

5 the lease or utilize the General Services Administration 

6 to enter into the lease on the Secretary’s behalf only if 

7 the lease is specifically authorized by law.’’. 

8 (b) REPEAL OF NOTICE AND WAIT REQUIREMENTS

9 REGARDING SUCH LEASES.— 

10 (1) REPEAL.—Section 2662 of such title is 

11 amended— 

12 (A) in subsection (a)(1)— 

13 (i) by striking subparagraph (B); and 

14 (ii) by redesignating subparagraphs 

15 (C) through (G) as subparagraphs (B) 

16 through (F), respectively; and 

17 (B) by striking subsection (e). 

18 (2) CONFORMING AMENDMENTS.—Such section 

19 is further amended— 

20 (A) in subsection (a)(2)— 

21 (i) by striking ‘‘or (B)’’; 

22 (ii) by striking ‘‘or leases to be 

23 made’’; and 

24 (iii) by striking ‘‘subparagraph (E)’’ 

25 and inserting ‘‘subparagraph (D)’’; and 
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1 (B) in subsection (g)— 

2 (i) in paragraph (1), by striking ‘‘, 

3 and the reporting requirement set forth in 

4 subsection (e) shall not apply with respect 

5 to a real property transaction otherwise 

6 covered by that subsection,’’; and 

7 (ii) in paragraph (3), by striking ‘‘or 

8 (e), as the case may be’’. 

9 SEC. 2812. CONSOLIDATION OF NOTICE-AND-WAIT RE10 QUIREMENTS APPLICABLE TO LEASES OF 

11 REAL PROPERTY OWNED BY THE UNITED 

12 STATES. 

13 (a) NOTICE-AND-WAIT REQUIREMENTS.—Section 

14 2662 of title 10, United States Code, as amended by sec15 tion 2811(b), is further amended by inserting after sub16 section (d) the following new subsection: 

17 ‘‘(e) ADDITIONAL REPORTING REQUIREMENTS RE18 GARDING LEASES OF REAL PROPERTY OWNED BY THE

19 UNITED STATES.—(1) In the case of a proposed lease or 

20 license of real property owned by the United States cov21 ered by paragraph (1)(B) of subsection (a), the Secretary 

22 of a military department or the Secretary of Defense may 

23 not issue a contract solicitation or other lease offering with 

24 regard to the transaction unless the Secretary complies 

25 with the notice-and wait requirements of paragraph (3) 
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1 of such subsection. The monthly report under such para2 graph shall include the following with regard to the pro3 posed transaction: 

4 ‘‘(A) A description of the proposed transaction, 

5 including the proposed duration of the lease or li6 cense. 

7 ‘‘(B) A description of the authorities to be used 

8 in entering into the transaction and the intended 

9 participation of the United States in the lease or li10 cense, including a justification of the intended meth11 od of participation. 

12 ‘‘(C) A statement of the scored cost of the 

13 transaction, determined using the scoring criteria of 

14 the Office of Management and Budget. 

15 ‘‘(D) A determination that the property in16 volved in the transaction is not excess property, as 

17 required by section 2667(a)(3) of this title, including 

18 the basis for the determination. 

19 ‘‘(E) A determination that the proposed trans20 action is directly compatible with the mission of the 

21 military installation or Defense Agency at which the 

22 property is located and a description of the antici23 pated long-term use of the property at the conclu24 sion of the lease or license. 
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1 ‘‘(F) A description of the requirements or con2 ditions within the contract solicitation or other lease 

3 offering for the offeror to address taxation issues, 

4 including payments-in-lieu-of taxes, and other devel5 opment issues related to local municipalities. 

6 ‘‘(2) The Secretary of a military department or the 

7 Secretary of Defense may not enter into the actual lease 

8 or license with respect to property for which the informa9 tion required by paragraph (1) was submitted in a month10 ly report under subsection (a)(3) unless the Secretary 

11 again complies with the notice-and wait requirements of 

12 such subsection. The subsequent monthly report shall in13 clude the following with regard to the proposed trans14 action: 

15 ‘‘(A) A cross reference to the prior monthly re16 port that contained the information submitted under 

17 paragraph (1) with respect to the transaction. 

18 ‘‘(B) A description of the differences between 

19 the information submitted under paragraph (1) and 

20 the information regarding the transaction being sub21 mitted in the subsequent report. 

22 ‘‘(C) A description of the payment to be re23 quired in connection with the lease or license, includ24 ing a description of any in-kind consideration that 

25 will be accepted. 
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1 ‘‘(D) A description of any community support 

2 facility or provision of community support services 

3 under the lease or license, regardless of whether the 

4 facility will be operated by a covered entity (as de5 fined in section 2667(d) of this title) or the lessee 

6 or the services will be provided by a covered entity 

7 or the lessee. 

8 ‘‘(E) A description of the competitive proce9 dures used to select the lessee or, in the case of a 

10 lease involving the public benefit exception author11 ized by section 2667(h)(2) of this title, a description 

12 of the public benefit to be served by the lease. 

13 ‘‘(F) If the proposed lease or license involves a 

14 project related to energy production, and the term of 

15 the lease or license exceeds 20 years, a certification 

16 that the project is consistent with the Department of 

17 Defense performance goals and plan required by sec18 tion 2911 of this title.’’. 

19 (b) EXCEPTION FOR LEASES UNDER BASE CLOSURE

20 PROCESS.—Subsection (a)(1)(B) of such section, as redes21 ignated by section 2821(b), is amended by inserting after 

22 ‘‘United States’’ the following: ‘‘(other than a lease or li23 cense entered into under section 2667(g) of this title)’’. 
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1 (c) CONFORMING AMENDMENTS TO LEASE OF NON2 EXCESS PROPERTY AUTHORITY.—Section 2667 of such 

3 title is amended— 

4 (1) in subsection (c), by striking paragraph (4); 

5 (2) in subsection (d), by striking paragraph (6); 

6 and 

7 (3) in subsection (h)— 

8 (A) by striking paragraphs (3) and (5); 

9 and 

10 (B) by redesignating paragraph (4) as 

11 paragraph (3). 

12 SEC. 2813. CLARIFICATION OF AUTHORITY OF MILITARY 

13 DEPARTMENTS TO ACQUIRE LOW-COST IN14 TERESTS IN LAND AND INTERESTS IN LAND 

15 WHEN NEED IS URGENT. 

16 Section 2664(a) of title 10, United States Code, is 

17 amended— 

18 (1) by inserting ‘‘(1)’’ before ‘‘No military’’; 

19 and 

20 (2) by striking ‘‘The foregoing limitation shall 

21 not apply to the acceptance’’ and inserting the fol22 lowing: 

23 ‘‘(2) Paragraph (1) shall not apply to the following: 

24 ‘‘(A) The acquisition of low-cost interests in 

25 land, as authorized by section 2663(c) of this title. 
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1 ‘‘(B) The acquisition of interests in land when 

2 the need is urgent, as authorized by section 2663(d) 

3 of this title. 

4 ‘‘(C) The acceptance’’. 

5 SEC. 2814. MODIFICATION OF UTILITY SYSTEMS CONVEY6 ANCE AUTHORITY. 

7 (a) CLARIFICATION OF REQUIRED DETERMINATION

8 THAT CONVEYANCE REDUCE LONG-TERM COSTS.—Para9 graph (2)(A)(ii) of subsection (a) of section 2688 of title 

10 10, United States Code, is amended by striking ‘‘system; 

11 and’’ and inserting the following: ‘‘system— 

12 ‘‘(I) by 10 percent of the long-term 

13 cost for provision of those utility services 

14 in the agency tender, for periods of per15 formance specified in subsection (d)(1); or 

16 ‘‘(II) 20 percent of the long-term cost 

17 for provision of those utility services in the 

18 agency tender, for periods of performance 

19 specified in subsection (d)(2); and’’. 

20 (b) LIMITATION ON REPEATED USE OF AUTHORITY

21 FOR SAME UTILITY SYSTEM.—Such subsection is further 

22 amended by adding at the end the following new para23 graph: 

24 ‘‘(3) If, as a result of the economic analysis required 

25 by paragraph (2)(A), the Secretary concerned determines 
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1 that a utility system, or part of a utility system, is not 

2 eligible for conveyance under this subsection, the Sec3 retary concerned may not reconsider the utility system, 

4 or part of a utility system, for conveyance under this sub5 section or for conversion to contractor operation under 

6 section 2461 of this title for a period of five years begin7 ning on the date of the determination. In addition, if the 

8 results of a public-private competition for conversion of 

9 a utility system, or part of a utility system, to operation 

10 by a contractor favors continued operation by civilian em11 ployees of the Department of Defense, the Secretary con12 cerned may not reconsider the utility system, or part of 

13 a utility system, for conversion under such section or for 

14 conveyance under this subsection for a period of five years 

15 beginning on the date of the completion of the public-pri16 vate competition.’’. 

17 SEC. 2815. DECONTAMINATION AND USE OF FORMER BOM18 BARDMENT AREA ON ISLAND OF CULEBRA. 

19 Section 204 of the Military Construction Authoriza20 tion Act, 1974 (Public Law 93–166; 87 Stat. 668) is 

21 amended by striking subsection (c). 

22 SEC. 2816. DISPOSAL OF EXCESS PROPERTY OF ARMED 

23 FORCES RETIREMENT HOME. 

24 Section 1511(e)(3) of the Armed Forces Retirement 

25 Home Act of 1991 (24 U.S.C. 411(e)(3)) is amended— 
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1 (1) by striking the first sentence and inserting 

2 the following new sentence: ‘‘If the Secretary of De3 fense determines that any property of the Retire4 ment Home is excess to the needs of the Retirement 

5 Home, the Secretary shall dispose of the property in 

6 accordance with subchapter III of chapter 5 of title 

7 40, United States Code (40 U.S.C. 541 et seq.).’’; 

8 and 

9 (2) by striking the last sentence. 

10 SEC. 2817. ACCEPTANCE OF CONTRIBUTIONS TO SUPPORT 

11 CLEANUP EFFORTS AT FORMER ALMADEN 

12 AIR FORCE STATION, CALIFORNIA. 

13 (a) ACCEPTANCE OF CONTRIBUTIONS; PURPOSE.— 

14 The Secretary of the Air Force may accept contributions 

15 from other Federal entities, the State of California, and 

16 other entities, both public and private, for the purposes 

17 of helping to cover the costs of— 

18 (1) demolition of property at former Almaden 

19 Air Force Station, California; and 

20 (2) environmental remediation and restoration 

21 and other efforts to further the ultimate end use of 

22 the property for conservation and recreation pur23 poses. 

24 (b) AVAILABILITY.—Amounts received as contribu25 tions under subsection (a) may be merged with other 
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1 amounts available to the Secretary to carry out the pur2 poses described in such subsection and shall be available, 

3 in such amounts as may be provided in advance in appro4 priation Act, for such purposes. 

5 SEC. 2818. LIMITATION ON ESTABLISHMENT OF NAVY OUT6 LYING LANDING FIELDS. 

7 (a) LIMITATION.—The Secretary of the Navy may 

8 not establish an outlying landing field at a proposed loca9 tion to be used by naval aircraft if, within 90 days after 

10 the issuance of the final environmental assessment or envi11 ronmental impact statement regarding the proposed loca12 tion pursuant to section 102(2) of the National Environ13 mental Policy Act of 1969 (42 U.S.C. 4332(2)), the Sec14 retary determines that the governmental body of the polit15 ical subdivision of a State containing the proposed location 

16 is formally opposed to the establishment of the outlying 

17 landing field. 

18 (b) EXCEPTION.—Subsection (a) shall not apply if 

19 Congress enacts a law authorizing the Secretary to pro20 ceed with the outlying landing field notwithstanding the 

21 local government action. 
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1 SEC. 2819. PROHIBITION ON OUTLYING LANDING FIELD AT 

2 SANDBANKS OR HALE’S LAKE, NORTH CARO3 LINA, FOR OCEANA NAVAL AIR STATION. 

4 The Secretary of the Navy may not establish, con5 sider the establishment of, or purchase land, construct fa6 cilities, implement bird management plans, or conduct any 

7 other activities that would facilitate the establishment of, 

8 an outlying landing field at either of the proposed sites 

9 in North Carolina, Sandbanks or Hale’s Lake, to support 

10 field carrier landing practice for naval aircraft operating 

11 out of Oceana, Naval Air Station, Virginia. 

12 SEC. 2820. SELECTION OF MILITARY INSTALLATIONS TO 

13 SERVE AS LOCATIONS OF BRIGADE COMBAT 

14 TEAMS. 

15 In selecting the military installations at which bri16 gade combat teams will be stationed, which previously in17 cluded Fort Bliss, Texas, Fort Carson, Colorado, and Fort 

18 Stewart, Georgia, the Secretary of the Army shall take 

19 into consideration the availability and proximity of train20 ing spaces for the units and the capacity of the installa21 tions to support the units. 
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1 SEC. 2821. AUTHORITY TO PROVIDE FINANCIAL ASSIST2 ANCE TO LOCAL COMMUNITIES FOR DEVEL3 OPMENT OF PUBLIC INFRASTRUCTURE DI4 RECTLY SUPPORTING EXPANSION OF MILI5 TARY INSTALLATIONS. 

6 Paragraph (3) of section 2391(d) of title 10, United 

7 States Code, is amended to read as follows: 

8 ‘‘(3) The terms ‘community adjustment’ and 

9 ‘economic diversification’ may include— 

10 ‘‘(A) the development of feasibility studies 

11 and business plans for market diversification 

12 within a community adversely affected by an ac13 tion described in subparagraph (A), (B), (C), or 

14 (E) of subsection (b)(1) by adversely affected 

15 businesses and labor organizations located in 

16 the community; and 

17 ‘‘(B) the development of public infrastruc18 ture that directly supports the expansion activi19 ties described in subparagraph (A) of sub20 section (b)(1).’’. 

21 SEC. 2822. COMPTROLLER GENERAL REPORT ON NAVY SE22 CURITY MEASURES FOR LAURELWOOD HOUS23 ING COMPLEX, NAVAL WEAPONS STATION, 

24 EARLE, NEW JERSEY. 

25 Not later than 180 days after the date of the enact26 ment of this Act, the Comptroller General shall submit 
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1 to the Committees on Armed Services of the Senate and 

2 House of Representatives a report containing a cost anal3 ysis and audit of the sufficiency of the Navy’s security 

4 measures in advance of the proposed occupancy by the 

5 general public of units of the Laurelwood Housing com6 plex on Naval Weapons Station, Earle. The report shall 

7 include an estimate of costs to be incurred by Federal, 

8 State, and local government agencies in the following 

9 areas: 

10 (1) Security and safety procedures. 

11 (2) Land/utilities management and services. 

12 (3) Educational assistance. 

13 (4) Emergency services. 

14 (5) Community services. 

15 (6) Environmental services. 

16 Subtitle C—Provisions Related to 

17 Guam Realignment 

18 SEC. 2831. ROLE OF UNDER SECRETARY OF DEFENSE FOR 

19 POLICY IN MANAGEMENT AND COORDINA20 TION OF DEPARTMENT OF DEFENSE ACTIVI21 TIES RELATING TO GUAM REALIGNMENT. 

22 Section 134 of title 10, United States Code, is 

23 amended by adding at the end the following new sub24 section: 
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1 ‘‘(d)(1) Until September 30, 2019, the Under Sec2 retary shall have responsibility for coordinating the activi3 ties of the Department of Defense in connection with the 

4 realignment of military installations and the relocation of 

5 military personnel on Guam (in this subsection referred 

6 to as the ‘Guam realignment’). 

7 ‘‘(2) The Joint Guam Program Office shall report di8 rectly to the Under Secretary in carrying out its activities 

9 in connection with the Guam realignment. 

10 ‘‘(3) In carrying out the responsibilities assigned by 

11 paragraph (1), the Under Secretary shall coordinate with 

12 the National Security Advisor and serve as the official rep13 resentative of the Secretary of Defense at meetings of the 

14 Interagency Group on Insular Areas, which was estab15 lished by Executive Order No. 13299 of May 12, 2003 

16 (68 Fed. Reg. 25477; 48 U.S.C. note prec. 1451), and 

17 any sub-group or working group of that interagency 

18 group. 

19 ‘‘(4) The Under Secretary shall remain the primary 

20 lead within the Department of Defense for coordination 

21 with the Secretary of State on all matters concerning the 

22 implementation of the agreement entitled ‘Agreement be23 tween the Government of the United States of America 

24 and the Government of Japan concerning the Implementa25 tion of the Relocation of the III Marine Expeditionary 
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1 Force Personnel and their Dependents from Okinawa to 

2 Guam’. 

3 ‘‘(5) The assignment of responsibilities by paragraph 

4 (1) does not confer upon the Under Secretary the author5 ity to control funds made available to the military depart6 ments for the Guam realignment. The Joint Guam Pro7 gram Office shall remain as the primary coordinator of 

8 the resources provided by each military department in9 volved in the Guam realignment.’’. 

10 SEC. 2832. CLARIFICATIONS REGARDING USE OF SPECIAL 

11 PURPOSE ENTITIES TO ASSIST WITH GUAM 

12 REALIGNMENT. 

13 (a) SPECIAL PURPOSE ENTITY DEFINED.—In this 

14 section, the term ‘‘special purpose entity’’ means a wholly 

15 independent entity established for a specific and limited 

16 purpose to facilitate the realignment of military installa17 tions and the relocation of military personnel on Guam. 

18 (b) REPORT ON IMPLEMENTATION GUIDANCE FOR

19 SPECIAL PURPOSE ENTITIES.— 

20 (1) REPORT REQUIRED.—Not later than 180 

21 days after the date of the enactment of this Act, the 

22 Secretary of Defense shall submit to the congres23 sional defense committees a report containing the 

24 implementation guidance developed regarding the 

25 use of special purpose entities to assist with the re-
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1 alignment of military installations and the relocation 

2 of military personnel on Guam. 

3 (2) NOTICE AND WAIT.—The Secretary of De4 fense may not authorize the use of the implementa5 tion guidance referred to in paragraph (1) until the 

6 end of the 30-day period (15-day period if the report 

7 is submitted electronically) beginning on the date on 

8 which the report required by such paragraph is sub9 mitted. 

10 (c) APPLICABILITY OF UNIFIED FACILITIES CRI11 TERIA.— 

12 (1) APPLICABILITY TO SECTION 2350K CON13 TRIBUTIONS.—Section 2824(c)(4) of the Military 

14 Construction Authorization Act for Fiscal Year 2009 

15 (division B of Public Law 110–417; 10 U.S.C. 2687 

16 note) is amended by adding at the end the following 

17 new subparagraph: 

18 ‘‘(D) APPLICABILITY OF UNIFIED FACILI19 TIES CRITERIA.—The unified facilities criteria 

20 promulgated by the Under Secretary of Defense 

21 for Acquisition, Technology, and Logistics and 

22 dated May 29, 2002, or any successor to such 

23 criteria shall apply to the obligation of contribu24 tions referred to in subsection (b)(1) for a 

25 transaction authorized by paragraph (1).’’. 
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1 (2) APPLICABILITY TO SPECIAL PURPOSE ENTI2 TY CONTRIBUTIONS.—The unified facilities criteria 

3 promulgated by the Under Secretary of Defense for 

4 Acquisition, Technology, and Logistics and dated 

5 May 29, 2002, or any successor to such criteria shall 

6 apply to the obligation of contributions provided by 

7 a special purpose entity. 

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

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

10 of Defense shall submit to the congressional defense 

11 committees a report containing an evaluation of var12 ious options, including a preferred option, that the 

13 Secretary could utilize to comply with the unified fa14 cilities criteria referred to in paragraph (2) in the 

15 acquisition of military housing on Guam in connec16 tion with the realignment of military installations 

17 and the relocation of military personnel on Guam. 

18 The report shall specifically consider increasing the 

19 overseas housing allowance for members of the 

20 Armed Forces serving on Guam and providing a di21 rect Federal subsidy to public-private ventures. 

22 (d) SENSE OF CONGRESS ON SCOPE OF UTILITY IN23 FRASTRUCTURE IMPROVEMENTS.—Section 2821 of the 

24 Military Construction Authorization Act for Fiscal Year 
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1 2009 (division B of Public Law 110–417; 122 Stat. 4729) 

2 is amended— 

3 (1) by redesignating subsection (c) as sub4 section (b); and 

5 (2) in such subsection, by striking ‘‘should in6 corporate the civilian and military infrastructure 

7 into a single grid to realize and maximize the effec8 tiveness of the overall utility system’’ and inserting 

9 ‘‘should support proposed utility infrastructure im10 provements on Guam that incorporate the civilian 

11 and military infrastructure into a single grid to real12 ize and maximize the effectiveness of the overall util13 ity system, rather than simply supporting one or 

14 more military installations’’. 

15 SEC. 2833. WORKFORCE ISSUES RELATED TO MILITARY 

16 CONSTRUCTION AND CERTAIN OTHER 

17 TRANSACTIONS ON GUAM. 

18 (a) PREVAILING WAGE REQUIREMENTS.—Subsection 

19 (c) of section 2824 of the Military Construction Authoriza20 tion Act for Fiscal Year 2009 (division B of Public Law 

21 110–417; 10 U.S.C. 2687 note) is amended by adding at 

22 the end the following new paragraph: 

23 ‘‘(5) APPLICATION OF PREVAILING WAGE RE24 QUIREMENTS.— 
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1 ‘‘(A) APPLICATION; RELATION TO WAGE

2 RATES IN HAWAII.—The requirements of sub3 chapter IV of chapter 31 of title 40, United 

4 States Code, shall apply to any military con5 struction project or other transaction author6 ized by paragraph (1) that is carried out on 

7 Guam using contributions referred to in sub8 section (b)(1) or appropriated funds, except 

9 that the wage rates determined pursuant to 

10 such subchapter for Guam may not be less than 

11 the lowest wage rates determined for the appli12 cable class of laborer or mechanic on projects or 

13 transactions of a similar character under such 

14 subchapter for Hawaii. 

15 ‘‘(B) SECRETARY OF LABOR AUTHORI16 TIES.—In order to carry out the requirements 

17 of subparagraph (A) and paragraph (6) (relat18 ing to composition of workforce for construction 

19 projects), the Secretary of Labor shall have the 

20 authority and functions set forth in Reorganiza21 tion Plan Number 14 of 1950 and section 3145 

22 of title 40, United States Code. 

23 ‘‘(C) ADDITION TO WEEKLY STATEMENT

24 ON THE WAGES PAID.—In the case of projects 

25 and other transactions covered by subparagraph 
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1 (A), the weekly statement required by section 

2 3145 of title 40, United States Code, shall also 

3 identify each employee working on the project 

4 or transaction who holds a visa issued under 

5 section 101(a)(15)(H)(ii)(b) of the Immigration 

6 and Nationality Act (8 U.S.C. 

7 1101(a)(15)(H)(ii)(b)). 

8 ‘‘(D) DURATION OF REQUIREMENTS.—The 

9 Secretary of Labor shall make and issue a wage 

10 rate determination for Guam annually until 90 

11 percent of the funds in the Account and other 

12 funds made available for the realignment of 

13 military installations and the relocation of mili14 tary personnel on Guam have been expended.’’. 

15 (b) REPORTING REQUIREMENTS REGARDING SUP16 PORT OF CONSTRUCTION WORKFORCE.—Subsection (e) of 

17 such section is amended— 

18 (1) by striking ‘‘Not later than’’ and inserting 

19 the following: 

20 ‘‘(1) MILITARY CONSTRUCTION INFORMA21 TION.—Not later than’’; and 

22 (2) by adding at the end the following new 

23 paragraph: 

24 ‘‘(2) CONSTRUCTION WORKFORCE INFORMA25 TION.—The annual report shall also include an as-
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1 sessment of the living standards of the construction 

2 workforce employed to carry out military construc3 tion projects covered by the report, including, at a 

4 minimum, the adequacy of contract standards and 

5 infrastructure that support temporary housing the 

6 construction workforce and their medical needs.’’. 

7 SEC. 2834. COMPOSITION OF WORKFORCE FOR CONSTRUC8 TION PROJECTS FUNDED THROUGH THE SUP9 PORT FOR UNITED STATES RELOCATION TO 

10 GUAM ACCOUNT. 

11 (a) COMPOSITION OF WORKFORCE.—Section 2824(c) 

12 of the Military Construction Authorization Act for Fiscal 

13 Year 2009 (division B of Public Law 110–417; 10 U.S.C. 

14 2687 note) is amended by inserting after paragraph (5), 

15 as added by section 2833, the following new paragraph: 

16 ‘‘(6) COMPOSITION OF WORKFORCE FOR CON17 STRUCTION PROJECTS.— 

18 ‘‘(A) PERCENTAGE LIMITATION.—With re19 spect to each construction project for which 

20 ground-breaking occurs before October 1, 2011, 

21 and that is carried out using amounts described 

22 in subparagraph (B), not more than 30 percent 

23 of the total hours worked per month on the 

24 construction project may be performed by per25 sons holding visas issued under section 
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1 101(a)(15)(H)(ii)(b) of the Immigration and 

2 Nationality Act (8 U.S.C. 

3 1101(a)(15)(H)(ii)(b)). 

4 ‘‘(B) SOURCE OF FUNDS.—Subparagraph 

5 (A) applies to— 

6 ‘‘(i) amounts in the Account used for 

7 projects associated with the realignment of 

8 military installations and the relocation of 

9 military personnel on Guam; 

10 ‘‘(ii) funds associated with activities 

11 under section 2821 of this Act; and 

12 ‘‘(iii) funds for authorized military 

13 construction projects. 

14 ‘‘(C) SOLICITATION OF WORKERS.—In 

15 order to ensure compliance with subparagraph 

16 (A), as a condition of a contract covered by 

17 such subparagraph, the contractor shall be re18 quired to advertise and solicit for construction 

19 workers in the United States, including terri20 tories in the Pacific region, in accordance with 

21 a recruitment plan created by the Secretary of 

22 Labor. The contractor shall submit a copy of 

23 the employment offer, including a description of 

24 wages and other terms and conditions of em25 ployment, to the Secretary of Labor. The con-
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1 tractor shall authorize the Secretary of Labor 

2 to post a notice of the employment offer on a 

3 website, with State and local job banks, with 

4 State workforce agencies, and with unemploy5 ment agencies and other referral and recruit6 ment sources pertinent to the employment op7 portunity.’’. 

8 (b) REPORTING REQUIREMENTS.— 

9 (1) SECRETARY OF DEFENSE.—Not later than 

10 June 30, 2010, the Secretary of Defense shall sub11 mit to the congressional committees specified in 

12 paragraph (3) a report containing an assessment of 

13 efforts to establish a Project Labor Agreement for 

14 construction projects associated with the Guam re15 alignment as encouraged by Executive Order 13502, 

16 entitled ‘‘Use of Project Labor Agreements for Fed17 eral Construction Projects’’ (74 Fed. Reg. 6985), as 

18 a means of complying with the requirements of para19 graph (6) of section 2824(c) of the Military Con20 struction Authorization Act for Fiscal Year 2009, as 

21 added by subsection (a). 

22 (2) SECRETARY OF LABOR.—Not later than 

23 June 30, 2010, the Secretary of Labor shall submit 

24 to the congressional committees specified in para25 graph (3) a report containing an assessment of— 
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1 (A) the opportunities to expand the re2 cruitment of construction workers in the United 

3 States, including territories in the Pacific re4 gion, to support the realignment of military in5 stallations and the relocation of military per6 sonnel on Guam, consistent with the require7 ments of paragraph (6) of section 2824(c) of 

8 the Military Construction Authorization Act for 

9 Fiscal Year 2009, as added by subsection (a); 

10 (B) the ability of labor markets to support 

11 the Guam realignment; and 

12 (C) the sufficiency of efforts to recruit 

13 United States construction workers. 

14 (3) COVERED CONGRESSIONAL COMMITTEES.— 

15 The reports required by this subsection shall be sub16 mitted to the congressional defense committees, the 

17 Committee on Education and Labor of the House of 

18 Representatives, and the Committee on Health, Edu19 cation, Labor, and Pensions of the Senate. 

20 SEC. 2835. INTERAGENCY COORDINATION GROUP OF IN21 SPECTOR GENERALS FOR GUAM REALIGN22 MENT. 

23 (a) INTERAGENCY COORDINATION GROUP.—There is 

24 hereby established the Interagency Coordination Group of 
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1 Inspector Generals for Guam Realignment (in this section 

2 referred to as the ‘‘Interagency Coordination Group’’)— 

3 (1) to provide for the objective conduct and su4 pervision of audits and investigations relating to the 

5 programs and operations funded with amounts ap6 propriated or otherwise made available for military 

7 construction on Guam in connection with the re8 alignment of military installations and the relocation 

9 of military personnel on Guam; and 

10 (2) to provide for coordination of, and rec11 ommendations on, policies designed to— 

12 (A) promote economic efficiency, and effec13 tiveness in the administration of the programs 

14 and operations described in paragraph (1); and 

15 (B) prevent and detect waste, fraud, and 

16 abuse in such programs and operations. 

17 (b) MEMBERSHIP.— 

18 (1) CHAIRPERSON.—The Inspector General of 

19 the Department of Defense shall serve as chair20 person of the Interagency Coordination Group. 

21 (2) ADDITIONAL MEMBERS.—Additional mem22 bers of the Interagency Coordination Group shall in23 clude the Inspector General of the Department of 

24 Interior and Inspectors General of such other Fed25 eral agencies as the chairperson considers appro-
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1 priate to carry out the duties of the Interagency Co2 ordination Group. 

3 (c) DUTIES.— 

4 (1) OVERSIGHT OF GUAM CONSTRUCTION.—It 

5 shall be the duty of the Interagency Coordination 

6 Group to conduct, supervise, and coordinate audits 

7 and investigations of the treatment, handling, and 

8 expenditure of amounts appropriated or otherwise 

9 made available for military construction on Guam 

10 and of the programs, operations, and contracts car11 ried out utilizing such funds, including— 

12 (A) the oversight and accounting of the ob13 ligation and expenditure of such funds; 

14 (B) the monitoring and review of construc15 tion activities funded by such funds; 

16 (C) the monitoring and review of contracts 

17 funded by such funds; 

18 (D) the monitoring and review of the 

19 transfer of such funds and associated informa20 tion between and among departments, agencies, 

21 and entities of the United States and private 

22 and nongovernmental entities; 

23 (E) the maintenance of records on the use 

24 of such funds to facilitate future audits and in25 vestigations of the use of such fund; and 
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1 (F) the monitoring and review of the im2 plementation of the Defense Posture Review 

3 Initiative relating to the realignment of military 

4 installations and the relocation of military per5 sonnel on Guam. 

6 (2) OTHER DUTIES RELATED TO OVERSIGHT.— 

7 The Interagency Coordination Group shall establish, 

8 maintain, and oversee such systems, procedures, and 

9 controls as the Interagency Coordination Group con10 siders appropriate to discharge the duties under 

11 paragraph (1). 

12 (3) OVERSIGHT PLAN.—The chairperson of the 

13 Interagency Coordination Group shall prepare an 

14 annual oversight plan detailing planned audits and 

15 reviews related to the Guam realignment. 

16 (d) ASSISTANCE FROM FEDERAL AGENCIES.— 

17 (1) PROVISION OF ASSISTANCE.—Upon request 

18 of the Interagency Coordination Group for informa19 tion or assistance from any department, agency, or 

20 other entity of the Federal Government, the head of 

21 such entity shall, insofar as is practicable and not in 

22 contravention of any existing law, furnish such infor23 mation or assistance to the Interagency Coordina24 tion Group. 
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1 (2) REPORTING OF REFUSED ASSISTANCE.— 

2 Whenever information or assistance requested by the 

3 Interagency Coordination Group is, in the judgment 

4 of the chairperson of the Interagency Coordination 

5 Group, unreasonably refused or not provided, the 

6 chairperson shall report the circumstances to the 

7 Secretary of Defense and to the congressional de8 fense committees without delay. 

9 (e) REPORTS.— 

10 (1) ANNUAL REPORTS.—Not later than Feb11 ruary 1 of each year, the chairperson of the Inter12 agency Coordination Group shall submit to the con13 gressional defense committees, the Secretary of De14 fense, and the Secretary of the Interior a report 

15 summarizing, for the preceding calendar year, the 

16 activities of the Interagency Coordination Group 

17 during such year and the activities under programs 

18 and operations funded with amounts appropriated or 

19 otherwise made available for military construction on 

20 Guam. Each report shall include, for the year cov21 ered by the report, a detailed statement of all obliga22 tions, expenditures, and revenues associated with 

23 such construction, including the following: 

24 (A) Obligations and expenditures of appro25 priated funds. 
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1 (B) A project-by-project and program-by2 program accounting of the costs incurred to 

3 date for military construction in connection 

4 with the realignment of military installations 

5 and the relocation of military personnel on 

6 Guam, together with the estimate of the De7 partment of Defense and the Department of the 

8 Interior, as applicable, of the costs to complete 

9 each project and each program. 

10 (C) Revenues attributable to or consisting 

11 of funds contributed by the Government of 

12 Japan in connection with the realignment of 

13 military installations and the relocation of mili14 tary personnel on Guam and any obligations or 

15 expenditures of such revenues. 

16 (D) Operating expenses of agencies or enti17 ties receiving amounts appropriated or other18 wise made available for military construction on 

19 Guam. 

20 (E) In the case of any contract, grant, 

21 agreement, or other funding mechanism de22 scribed in paragraph (2)— 

23 (i) the amount of the contract, grant, 

24 agreement, or other funding mechanism; 
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1 (ii) a brief discussion of the scope of 

2 the contract, grant, agreement, or other 

3 funding mechanism; 

4 (iii) a discussion of how the depart5 ment or agency of the United States Gov6 ernment involved in the contract, grant, 

7 agreement, or other funding mechanism 

8 identified, and solicited offers from, poten9 tial individuals or entities to perform the 

10 contract, grant, agreement, or other fund11 ing mechanism, together with a list of the 

12 potential individuals or entities that were 

13 issued solicitations for the offers; and 

14 (iv) the justification and approval doc15 uments on which was based the determina16 tion to use procedures other than proce17 dures that provide for full and open com18 petition. 

19 (2) COVERED CONTRACTS, GRANTS, AGREE20 MENTS, AND FUNDING MECHANISMS.—A contract, 

21 grant, agreement, or other funding mechanism de22 scribed in this paragraph is any major contract, 

23 grant, agreement, or other funding mechanism that 

24 is entered into by any department or agency of the 

25 United States Government that involves the use of 
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1 amounts appropriated or otherwise made available 

2 for military construction on Guam with any public 

3 or private sector entity. 

4 (3) FORM.—Each report required under this 

5 subsection shall be submitted in unclassified form, 

6 but may include a classified annex if the Interagency 

7 Coordination Group considers it necessary. 

8 (4) RULE OF CONSTRUCTION.—Nothing in this 

9 subsection shall be construed to authorize the public 

10 disclosure of information that is— 

11 (A) specifically prohibited from disclosure 

12 by any other provision of law; 

13 (B) specifically required by Executive order 

14 to be protected from disclosure in the interest 

15 of national defense or national security or in 

16 the conduct of foreign affairs; or 

17 (C) a part of an ongoing criminal inves18 tigation. 

19 (5) SUBMISSION OF COMMENTS.—Not later 

20 than 30 days after receipt of a report under para21 graph (1), the Secretary of Defense or the Secretary 

22 of the Interior may submit to the congressional de23 fense committees any comments on the matters cov24 ered by the report as the Secretary concerned con25 siders appropriate. Any comments on the matters 
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1 covered by the report shall be submitted in unclassi2 fied form, but may include a classified annex if the 

3 Secretary concerned considers it necessary. 

4 (f) PUBLIC AVAILABILITY; WAIVER.— 

5 (1) PUBLIC AVAILABILITY.—The Interagency 

6 Coordination Group shall publish on a publically7 available Internet website each report prepared 

8 under subsection (e). Any comments on the report 

9 submitted under paragraph (5) of such subsection 

10 shall also be published on such website. 

11 (2) WAIVER AUTHORITY.—The President may 

12 waive the requirement under paragraph (1) with re13 spect to availability to the public of any element in 

14 a report under subsection (e), or any comment with 

15 respect to a report, if the President determines that 

16 the waiver is justified for national security reasons. 

17 (3) NOTICE OF WAIVER.—The President shall 

18 publish a notice of each waiver made under this sub19 section in the Federal Register no later than the 

20 date on which a report required under subsection 

21 (e), or any comment under paragraph (5) of such 

22 subsection, is submitted to the congressional defense 

23 committees. The report and comments shall specify 

24 whether waivers under this subsection were made 
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1 and with respect to which elements in the report or 

2 which comments, as appropriate. 

3 (g) DEFINITIONS.—In this section: 

4 (1) AMOUNTS APPROPRIATED OR OTHERWISE

5 MADE AVAILABLE.—The term ‘‘amounts appro6 priated or otherwise made available for military con7 struction on Guam’’ includes amounts derived from 

8 the Support for United States Relocation to Guam 

9 Account. 

10 (2) GUAM.—The term ‘‘Guam’’ includes any is11 land in the Northern Mariana Islands. 

12 (h) TERMINATION.— 

13 (1) IN GENERAL.—The Interagency Coordina14 tion Group shall terminate upon the expenditure of 

15 90 percent of all funds appropriated or otherwise 

16 made available for Guam realignment. 

17 (2) FINAL REPORT.—Before the termination of 

18 the Interagency Coordination Group pursuant to 

19 paragraph (1), the chairperson of the Interagency 

20 Coordination Group shall prepare and submit to the 

21 congressional defense committees a final report con22 taining— 

23 (A) notice that the termination condition 

24 in paragraph (1) has occurred; and 
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1 (B) a final forensic audit on programs and 

2 operations funded with amounts appropriated 

3 or otherwise made available for military con4 struction on Guam. 

5 SEC. 2836. COMPLIANCE WITH NAVAL AVIATION SAFETY 

6 REQUIREMENTS AS CONDITION ON ACCEPT7 ANCE OF REPLACEMENT FACILITY FOR MA8 RINE CORPS AIR STATION, FUTENMA, OKI9 NAWA. 

10 The Secretary of Defense may not accept, or author11 ize any other official of the Department of Defense to ac12 cept, a replacement facility in Okinawa for air operations 

13 conducted at Marine Corps Air Station, Futenma, Oki14 nawa, unless the Secretary certifies to the congressional 

15 defense committees that the replacement facility satisfies 

16 at least minimum Naval Aviation Safety requirements. 

17 The Secretary may not waive any of these requirements. 

18 SEC. 2837. REPORT AND SENSE OF CONGRESS ON MARINE 

19 CORPS TRAINING REQUIREMENTS IN ASIA20 PACIFIC REGION. 

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

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

23 of Defense, in consultation with the Secretary of the Navy 

24 and the Joint Guam Program Office, shall submit to the 

25 congressional defense committees a report on the training 
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1 requirements necessary for Marine Forces Pacific, the 

2 field command of the Marine Corps within the United 

3 States Pacific Command. 

4 (b) CONTENTS OF REPORT.—The report required 

5 under subsection (a) shall contain each of the following: 

6 (1) A description of the units of the Marine 

7 Corps expected to be assigned on a permanent or 

8 temporary basis to Marine Forces Pacific, including 

9 the type of unit, the organizational element, the cur10 rent location of the unit, and proposed location for 

11 the unit. 

12 (2) A description of the training requirements 

13 necessary to sustain the current and planned re14 alignment of forces according to the agreement enti15 tled ‘‘Agreement between the Government of the 

16 United States of America and the Government of 

17 Japan concerning the Implementation of the Reloca18 tion of the III Marine Expeditionary Force Per19 sonnel and their Dependents from Okinawa to 

20 Guam’’. 

21 (3) A description of the potential effects of un22 dertaking a separate environmental impact study for 

23 expanded training ranges in the Commonwealth of 

24 the Northern Mariana Islands and for alternative 
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1 training range options, including locations in the 

2 Philippines, Thailand, Australia, and Japan. 

3 (4) The rationale for conducting the Mariana 

4 Island Range Complex environmental impact state5 ment without including the additional training re6 quirements necessary to support the additional re7 alignment of Marine Corps units on Guam. 

8 (5) A description of the strategic- and tactical9 lift requirements associated with Marine Forces Pa10 cific, including programming information regarding 

11 the intent of the Department of Defense to eliminate 

12 deficiencies in the strategic-lift capabilities. 

13 (c) SENSE OF CONGRESS.—It is the sense of Con14 gress that an evaluation of training requirements for Ma15 rine Forces Pacific— 

16 (1) should be conducted and completed as soon 

17 as possible; 

18 (2) should include a training analysis that, at 

19 a minimum, reviews the capabilities required to sup20 port a Marine Air-Ground Task Force; and 

21 (3) should not impact the implementation of the 

22 recently signed international agreement referred to 

23 in subsection (b)(2). 
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1 Subtitle D—Energy Security 

2 SEC. 2841. ADOPTION OF UNIFIED ENERGY MONITORING 

3 AND MANAGEMENT SYSTEM SPECIFICATION 

4 FOR MILITARY CONSTRUCTION AND MILI5 TARY FAMILY HOUSING ACTIVITIES. 

6 (a) ADOPTION REQUIRED.— 

7 (1) IN GENERAL.—Subchapter III of chapter 

8 169 of title 10, United States Code, is amended by 

9 inserting after section 2866 at the end the following 

10 new section: 

11 ‘‘§ 2867. Energy monitoring and management system 

12 specification for military construction 

13 and military family housing activities 

14 ‘‘(a) ADOPTION OF DEPARTMENT-WIDE, OPEN

15 SOURCE, ENERGY MONITORING AND MANAGEMENT SYS16 TEM SPECIFICATION.—The Secretary of Defense shall 

17 adopt an open source energy monitoring and management 

18 system specification for use throughout the Department 

19 of Defense in connection with a military construction 

20 project, military family housing activity, or other activity 

21 under this chapter for the purpose of monitoring and con22 trolling the following with respect to the project or activ23 ity: 

24 ‘‘(1) Utilities and energy usage, including elec25 tricity, gas, steam, and water usage. 
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1 ‘‘(2) Indoor environments, including tempera2 ture and humidity levels. 

3 ‘‘(3) Heating, ventilation, and cooling compo4 nents. 

5 ‘‘(4) Central plant equipment. 

6 ‘‘(5) Renewable energy generation systems. 

7 ‘‘(6) Lighting systems. 

8 ‘‘(7) Power distribution networks. 

9 ‘‘(b) EXCLUSION.—(1) The Secretary concerned may 

10 waive the application of the energy monitoring and man11 agement system specification adopted under subsection (a) 

12 with respect to a specific military construction project, 

13 military family housing activity, or other activity under 

14 this chapter if the Secretary determines that the applica15 tion of the specification to the project or activity is not 

16 life cycle cost-effective. 

17 ‘‘(2) The Secretary concerned shall notify the con18 gressional defense committees of any waiver granted under 

19 paragraph (1).’’. 

20 (2) CLERICAL AMENDMENT.—The table of sec21 tions at the beginning of subchapter III is amended 

22 inserting after the item relating to section 2866 the 

23 following new item: 

‘‘2867. Energy monitoring and management system specification for military 

construction and military family housing activities.’’. 
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1 (3) DEADLINE FOR ADOPTION.—The Secretary 

2 of Defense shall adopt the open source energy moni3 toring and management system specification re4 quired by section 2867 of title 10, United States 

5 Code, as added by paragraph (1), not later than 180 

6 days after the date of the enactment of this Act. 

7 (b) REPORTING REQUIREMENT.—Not later than 180 

8 days after the date of the enactment of the Act, the Sec9 retary of Defense shall submit to the congressional defense 

10 committees a report containing the following items: 

11 (1) A contract specification that will implement 

12 the open source energy monitoring and management 

13 system specification required by section 2867 of title 

14 10, United States Code, as added by subsection (a). 

15 (2) A description of the method to ensure com16 pliance of the Department of Defense information 

17 assurance certification and accreditation process. 

18 (3) An expected timeline for integration of ex19 isting components with the energy monitoring and 

20 management system. 

21 (4) A list of the justifications and authoriza22 tions provided by the Department, pursuant to Fed23 eral Acquisition Regulations Chapter 6.3, relating to 

24 Other Than Full and Open Competition, for energy 
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1 monitoring and management systems during fiscal 

2 year 2009. 

3 SEC. 2842. DEPARTMENT OF DEFENSE USE OF ELECTRIC 

4 AND HYBRID MOTOR VEHICLES. 

5 (a) PREFERENCE.—Subchapter II of chapter 173 of 

6 title 10, United States Code, is amended by inserting after 

7 section 2922g, as added by title III of this Act, the fol8 lowing new section: 

9 ‘‘§ 2922h. Preference for motor vehicles using electric 

10 or hybrid propulsion systems 

11 ‘‘(a) PREFERENCE.—In leasing or procuring motor 

12 vehicles for use by a military department or Defense Agen13 cy, the Secretary of the military department or the head 

14 of the Defense Agency shall provide a preference for the 

15 lease or procurement of motor vehicles using electric or 

16 hybrid propulsion systems, including plug-in hybrid sys17 tems, if the electric or hybrid vehicles— 

18 ‘‘(1) will meet the requirements or needs of the 

19 Department of Defense; and 

20 ‘‘(2) are commercially available at a cost rea21 sonably comparable, on the basis of life-cycle cost, to 

22 motor vehicles containing only an internal combus23 tion or heat engine using combustible fuel. 
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1 ‘‘(b) EXCEPTION.—Subsection (a) does not apply 

2 with respect to tactical vehicles designed for use in com3 bat. 

4 ‘‘(c) HYBRID DEFINED.—In this section, the term 

5 ‘hybrid’, with respect to a motor vehicle, means a motor 

6 vehicle that draws propulsion energy from onboard sources 

7 of stored energy that are both— 

8 ‘‘(1) an internal combustion or heat engine 

9 using combustible fuel; and 

10 ‘‘(2) a rechargeable energy storage system.’’. 

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

12 at the beginning of such subchapter is amended by adding 

13 at the end the following new item: 

‘‘2922h. Preference for motor vehicles using electric or hybrid propulsion systems.’’. 

14 SEC. 2843. DEPARTMENT OF DEFENSE GOAL REGARDING 

15 USE OF RENEWABLE ENERGY SOURCES TO 

16 MEET FACILITY ENERGY NEEDS. 

17 (a) FACILITY BASIS OF GOAL.—Subsection (e) of 

18 section 2911 of title 10, United States Code, is amended— 

19 (1) by redesignating paragraphs (1) and (2) as 

20 subparagraphs (A) and (B), respectively; 

21 (2) in subparagraph (A) (as so redesignated)— 

22 (A) by striking ‘‘electric energy’’ and in23 serting ‘‘facility energy’’; 

24 (B) by striking ‘‘and in its activities’’; and 
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1 (C) by striking ‘‘(as defined in section 

2 203(b) of the Energy Policy Act of 2005 (42 

3 U.S.C. 15852(b)))’’; and 

4 (3) in subparagraph (B) (as so redesignated), 

5 by striking ‘‘electric energy’’ and inserting ‘‘facility 

6 energy’’. 

7 (b) DEFINITION OF RENEWABLE ENERGY

8 SOURCE.—Such subsection is further amended— 

9 (1) by striking ‘‘It shall be’’ and inserting ‘‘(1) 

10 It shall be’’; and 

11 (2) by adding at the end the following new 

12 paragraph: 

13 ‘‘(2) In this subsection, the term ‘renewable energy 

14 source’ means energy generated from renewable sources, 

15 including the following: 

16 ‘‘(A) Solar. 

17 ‘‘(B) Wind. 

18 ‘‘(C) Biomass. 

19 ‘‘(D) Landfill gas. 

20 ‘‘(E) Ocean, including tidal, wave, current, and 

21 thermal. 

22 ‘‘(F) Geothermal, including electricity and heat 

23 pumps. 

24 ‘‘(G) Municipal solid waste. 
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1 ‘‘(H) New hydroelectric generation capacity 

2 achieved from increased efficiency or additions of 

3 new capacity at an existing hydroelectric project. 

4 For purposes of this subparagraph, hydroelectric 

5 generation capacity is ‘new’ if it was placed in serv6 ice on or after January 1, 1999. 

7 ‘‘(I) Thermal energy generated by any of the 

8 preceding sources.’’. 

9 (c) CLERICAL AMENDMENT.—The heading of such 

10 subsection is amended by striking ‘‘ELECTRICITY NEEDS’’ 

11 and inserting ‘‘FACILITY ENERGY NEEDS’’. 

12 SEC. 2844. COMPTROLLER GENERAL REPORT ON DEPART13 MENT OF DEFENSE RENEWABLE ENERGY INI14 TIATIVES. 

15 Not later than 90 days after the date of the enact16 ment of this Act, the Comptroller General shall submit 

17 to Congress a report on all renewable energy initiatives 

18 being funded by the Department of Defense or a military 

19 department down to the base commander level. The Comp20 troller General shall specifically address the following in 

21 the report: 

22 (1) The costs associated with each renewable 

23 energy initiative. 

24 (2) Whether the renewable energy initiative has 

25 a clearly delineated set of goals or targets. 
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1 (3) Whether those goals or targets are being 

2 met or are likely to be met by the conclusion of the 

3 renewable energy initiative. 

4 SEC. 2845. STUDY ON DEVELOPMENT OF NUCLEAR POWER 

5 PLANTS ON MILITARY INSTALLATIONS. 

6 (a) STUDY REQUIRED; ELEMENTS.—The Secretary 

7 of Defense shall conduct a study to assess the feasibility 

8 of developing nuclear power plants on military installa9 tions. As part of the study, the Secretary shall— 

10 (1) summarize options available for public-pri11 vate partnerships for construction and operation of 

12 the power plants; 

13 (2) estimate the cost per kilowatt-hour and con14 sider the potential for life cycle cost savings to the 

15 Department of Defense, including potential environ16 mental liabilities; 

17 (3) consider the potential energy security ad18 vantages to the Department of Defense of gener19 ating electricity on military installations through the 

20 use of nuclear energy; 

21 (4) assess the additional infrastructure costs 

22 that would be needed to enable the power plants to 

23 sell power back to the general electricity grid; 
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1 (5) consider impact on quality of life of mem2 bers stationed at an installation containing a nuclear 

3 power plant; 

4 (6) consider regulatory, State, and local con5 cerns to production of nuclear power on military in6 stallations; 

7 (7) assess to what degree nuclear power plants 

8 would adversely affect operations on military instal9 lations, including consideration of training and read10 iness requirements; 

11 (8) assess potential environmental liabilities for 

12 the Department of Defense; 

13 (9) consider factors impacting safe co-location 

14 of nuclear power plants on military installations; and 

15 (10) consider any other factors that bear on the 

16 feasibility of developing nuclear power plants on 

17 military installations. 

18 (b) SUBMISSION OF RESULTS OF STUDY.—Not later 

19 than June 1, 2010, the Secretary shall submit to the Com20 mittees on Armed Services of the Senate and House of 

21 Representatives a report containing the results of the 

22 study. 
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1 SEC. 2846. DEPARTMENT OF DEFENSE PARTICIPATION IN 

2 PROGRAMS FOR MANAGEMENT OF ENERGY 

3 DEMAND OR REDUCTION OF ENERGY USAGE 

4 DURING PEAK PERIODS. 

5 (a) IN GENERAL.—Subchapter I of chapter 173 of 

6 title 10, United States Code, is amended by adding at the 

7 end the following new section: 

8 ‘‘§ 2919. Participation in programs for management of 

9 energy demand or reduction of energy 

10 usage during peak periods 

11 ‘‘(a) PARTICIPATION IN DEMAND RESPONSE OR

12 LOAD MANAGEMENT PROGRAMS.—The Secretary of De13 fense shall permit and encourage the Secretaries of the 

14 military departments, heads of Defense agencies, and the 

15 heads of other instrumentalities of the Department of De16 fense to participate in demand response programs for the 

17 management of energy demand or the reduction of energy 

18 usage during peak periods conducted by— 

19 ‘‘(1) an electric utility; 

20 ‘‘(2) independent system operator; 

21 ‘‘(3) State agency; or 

22 ‘‘(4) third-party entity (such as a demand re23 sponse aggregator or curtailment service provider) 

24 implementing demand response programs on behalf 

25 of an electric utility, independent system operator, 

26 or State agency. 
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1 ‘‘(b) TREATMENT OF CERTAIN FINANCIAL INCEN2 TIVES.—Financial incentives received from an entity spec3 ified in subsection (a) shall be received in cash and depos4 ited into the Treasury as a miscellaneous receipt. Amounts 

5 received shall be available for obligation only to the extent 

6 provided in advance in an appropriations act. The Sec7 retary concerned or head of the Defense Agency or other 

8 instrumentality shall pay for the cost of the design and 

9 implementation of these services in full in the year in 

10 which they are received from amounts provided in advance 

11 in an appropriations Act. 

12 ‘‘(c) USE OF CERTAIN FINANCIAL INCENTIVES.—Of 

13 the amounts provided in advance in an appropriations Act 

14 derived from subsection (b) above, 100 percent shall be 

15 available to the military installation where the proceeds 

16 were derived, and at least 25 percent of that appropriated 

17 amount shall be designated for use in energy management 

18 initiatives by the military installation where the proceeds 

19 were derived.’’. 

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

21 at the beginning of such subchapter is amended by adding 

22 at the end the following new item: 

‘‘2919. Participation in programs for management of energy demand or reduction of energy usage during peak periods.’’. 
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1 Subtitle E—Land Conveyances 

2 SEC. 2851. TRANSFER OF ADMINISTRATIVE JURISDICTION, 

3 PORT CHICAGO NAVAL MAGAZINE, CALI4 FORNIA. 

5 (a) TRANSFER REQUIRED; ADMINISTRATION.—Sec6 tion 203 of the Port Chicago National Memorial Act of 

7 1992 (Public Law 102–562; 16 U.S.C. 431; 106 Stat. 

8 4235) is amended by striking subsection (c) and inserting 

9 the following new subsections: 

10 ‘‘(c) ADMINISTRATION.—The Secretary of the Inte11 rior shall administer the Port Chicago Naval Magazine 

12 National Memorial as a unit of the National Park System 

13 in accordance with this Act and laws generally applicable 

14 to units of the National Park System, including the Na15 tional Park Service Organic Act (39 Stat. 535; 16 U.S.C. 

16 1 et seq.) and the Act of August 21, 1935 (49 Stat. 666; 

17 16 U.S.C. 461 et seq.). Land transferred to the adminis18 trative jurisdiction of the Secretary of the Interior under 

19 subsection (d) shall be administered in accordance with 

20 this subsection. 

21 ‘‘(d) TRANSFER OF LAND.—The Secretary of De22 fense shall transfer a parcel of land, consisting of approxi23 mately 5 acres, depicted within the proposed boundary on 

24 the map titled ‘Port Chicago Naval Magazine National 

25 Memorial, Proposed Boundary’, numbered 018/80,001, 
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1 and dated August 2005, to the administrative jurisdiction 

2 of the Secretary of the Interior if the Secretary of Defense 

3 determines that— 

4 ‘‘(1) the land is excess to military needs; and 

5 ‘‘(2) all environmental remediation actions nec6 essary to respond to environmental contamination 

7 related to the land have been completed in accord8 ance with the Comprehensive Environmental Re9 sponse, Compensation, and Liability Act of 1980 (42 

10 U.S.C. 9601 et seq.) and other applicable laws. 

11 ‘‘(e) PUBLIC ACCESS.—The Secretary of the Interior 

12 shall enter into an agreement with the Secretary of De13 fense to provide as much public access as possible to the 

14 Port Chicago Naval Magazine National Memorial without 

15 interfering with military needs. This subsection shall no 

16 longer apply if, at some point in the future, the National 

17 Memorial ceases to be an enclave within the Concord 

18 Naval Weapons Station. 

19 ‘‘(f) AGREEMENT WITH CITY OF CONCORD AND

20 EAST BAY REGIONAL PARK DISTRICT.—The Secretary of 

21 the Interior is authorized to enter into an agreement with 

22 the City of Concord, California, and the East Bay Re23 gional Park District, to establish and operate a facility 

24 for visitor orientation and parking, administrative offices, 

25 and curatorial storage for the National Memorial.’’. 
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1 (b) SENSE OF CONGRESS ON REMEDIATION AND RE2 PAIR OF NATIONAL MEMORIAL.— 

3 (1) REMEDIATION.—It is the sense of Congress 

4 that, in order to facilitate the land transfer de5 scribed in subsection (d) of section 203 of the Port 

6 Chicago National Memorial Act of 1992, as added 

7 by subsection (a), the Secretary of Defense should 

8 remediate remaining environmental contamination 

9 related to the land. 

10 (2) REPAIR.—It is the sense of Congress that, 

11 in order to preserve the Port Chicago Naval Maga12 zine National Memorial for future generations, the 

13 Secretary of Defense and the Secretary of the Inte14 rior should work together to develop a process by 

15 which future repairs and necessary modifications to 

16 the National Memorial can be achieved in as timely 

17 and cost-effective a manner as possible. 

18 SEC. 2852. LAND CONVEYANCES, NAVAL AIR STATION, BAR19 BERS POINT, HAWAII. 

20 (a) CONVEYANCE AUTHORIZED.—The Secretary of 

21 the Navy shall convey, without consideration, to the Ha22 waii Community Development Authority (in this section 

23 referred to as the ‘‘Authority’’), which is the local redevel24 opment authority for former Naval Air Station, Barbers 

25 Point, Oahu, Hawaii, all right, title, and interest of the 
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1 United States in and to the following parcels of real prop2 erty, including any improvements thereon and clear of all 

3 liens and encumbrances, at the installation: 

4 (1) An approximately 10.569-acre parcel of 

5 land identified as ‘‘Parcel No. 13126 B’’ and further 

6 identified by Oahu Tax Map Key No. 9–1–031:047. 

7 (2) An approximately 145.785-acre parcel of 

8 land identified as ‘‘Parcel No. 13058 D’’ and further 

9 identified by Oahu Tax Map Key No. 9–1–013:039. 

10 (3) An approximately 9.303-acre parcel of land 

11 identified as ‘‘Parcel No. 13058 F’’ and further 

12 identified by Oahu Tax Map Key No. 9–1–013:041. 

13 (4) An approximately 57.937-acre parcel of 

14 land identified as ‘‘Parcel No. 13058 G’’ and further 

15 identified by Oahu Tax Map Key No. 9–1–013:042. 

16 (5) An approximately 11.501-acre parcel of 

17 land identified as ‘‘Parcel No. 13073 D’’ and further 

18 identified by Oahu Tax Map Key No. 9–1–013:069. 

19 (6) An approximately 65.356-acre parcel of 

20 land identified as ‘‘Parcel No. 13073 B’’ and further 

21 identified by Oahu Tax Map Key No. 9–1–013:067. 

22 (b) PAYMENT OF COSTS OF CONVEYANCES.— 

23 (1) PAYMENT REQUIRED.—The Secretary shall 

24 require the Authority to cover costs to be incurred 

25 by the Secretary, or to reimburse the Secretary for 
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1 costs incurred by the Secretary, to carry out the 

2 conveyance under subsection (a), including survey 

3 costs, costs related to environmental documentation, 

4 and other administrative costs related to the convey5 ance. If amounts are collected from the Authority in 

6 advance of the Secretary incurring the actual costs, 

7 and the amount collected exceeds the costs actually 

8 incurred by the Secretary to carry out the convey9 ance, the Secretary shall refund the excess amount 

10 to the Authority. 

11 (2) TREATMENT OF AMOUNTS RECEIVED.— 

12 Amounts received as reimbursements under para13 graph (1) shall be credited to the fund or account 

14 that was used to cover the costs incurred by the Sec15 retary in carrying out the conveyance. Amounts so 

16 credited shall be merged with amounts in such fund 

17 or account and shall be available for the same pur18 poses, and subject to the same conditions and limita19 tions, as amounts in such fund or account. 

20 (c) SAVINGS PROVISION.—Nothing in this section 

21 shall be construed to affect or limit the application of, or 

22 any obligation to comply with, any environmental law, in23 cluding the Comprehensive Environmental Response, 

24 Compensation, and Liability Act of 1980 (42 U.S.C. 9601 
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1 et seq.) and the Solid Waste Disposal Act (42 U.S.C. 6901 

2 et seq.). 

3 (d) DESCRIPTION OF PROPERTY.—The exact acreage 

4 and legal descriptions of the parcels of real property to 

5 be conveyed under subsection (a) shall be determined by 

6 a survey satisfactory to the Secretary. 

7 (e) ADDITIONAL TERMS AND CONDITIONS.—The 

8 Secretary may require such additional terms and condi9 tions in connection with the conveyances under subsection 

10 (a) as the Secretary considers appropriate to protect the 

11 interests of the United States. 

12 SEC. 2853. MODIFICATION OF LAND CONVEYANCE, FORMER 

13 GRIFFISS AIR FORCE BASE, NEW YORK. 

14 (a) ADDITIONAL CONVEYANCE.—Subsection (a)(1) of 

15 section 2873 of the Military Construction Authorization 

16 Act for Fiscal Year 2005 (division B of Public Law 108– 

17 375; 118 Stat. 2152) is amended— 

18 (1) by striking ‘‘two parcels’’ and inserting 

19 ‘‘three parcels’’; 

20 (2) by striking ‘‘and 1.742 acres and containing 

21 the four buildings’’ and inserting ‘‘, 1.742 acres, and 

22 4.5 acres, respectively, and containing all or a por23 tion of the five buildings’’; and 
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1 (3) by inserting ‘‘and the Modification and Fab2 rication Facility’’ after ‘‘Reconnaissance Labora3 tory’’. 

4 (b) DESCRIPTION OF PROPERTY.—Subsection (a)(2) 

5 of such section is amended by adding at the end the fol6 lowing new subparagraph: 

7 ‘‘(E) Bay Number 4 in Building 101 (approxi8 mately 115,000 square feet).’’. 

9 (c) PURPOSE OF CONVEYANCE.—Subsection (a)(3) of 

10 such section is amended by adding before the period at 

11 the end the following: ‘‘and to provide adequate reimburse12 ment, real property, and replacement facilities for the Air 

13 Force Research Laboratory units that are relocated as a 

14 result of the conveyance’’. 

15 (d) CONSIDERATION.—Subsection (c) of such section 

16 is amended by striking ‘‘in-kind contribution’’ and insert17 ing ‘‘in-kind consideration (including land and new facili18 ties)’’. 

19 SEC. 2854. LAND CONVEYANCE, ARMY RESERVE CENTER, 

20 CHAMBERSBURG, PENNSYLVANIA. 

21 (a) CONVEYANCE AUTHORIZED.—At such time as the 

22 Army Reserve vacates the Army Reserve Center at 721 

23 South Sixth Street, Chambersburg, Pennsylvania, the Sec24 retary of the Army may convey, without consideration, to 

25 the Chambersburg Area School District (in this section re-
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1 ferred to as the ‘‘School District’’), all right, title, and in2 terest of the United States in and to the Reserve Center 

3 for the purpose of permitting the School District to utilize 

4 the property for educational, educational support, and 

5 community activities. 

6 (b) REVERSIONARY INTEREST.—If the Secretary de7 termines at any time that the real property conveyed 

8 under subsection (a) is not being used in accordance with 

9 the purpose of the conveyance, all right, title, and interest 

10 in and to such real property, including any improvements 

11 and appurtenant easements thereto, shall, at the option 

12 of the Secretary, revert to and become the property of the 

13 United States, and the United States shall have the right 

14 of immediate entry onto such real property. A determina15 tion by the Secretary under this subsection shall be made 

16 on the record after an opportunity for a hearing. 

17 (c) DESCRIPTION OF PROPERTY.—The exact acreage 

18 and legal description of the real property to be conveyed 

19 under subsection (a) shall be determined by a survey satis20 factory to the Secretary. 

21 (d) PAYMENT OF COSTS OF CONVEYANCES.— 

22 (1) PAYMENT REQUIRED.—The Secretary shall 

23 require the School District to cover costs to be in24 curred by the Secretary, or to reimburse the Sec25 retary for costs incurred by the Secretary, to carry 
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1 out the conveyance under subsection (a), including 

2 survey costs, costs related to environmental docu3 mentation, and other administrative costs related to 

4 the conveyance. If amounts are collected from the 

5 School District in advance of the Secretary incurring 

6 the actual costs, and the amount collected exceeds 

7 the costs actually incurred by the Secretary to carry 

8 out the conveyance, the Secretary shall refund the 

9 excess amount to the School District. 

10 (2) TREATMENT OF AMOUNTS RECEIVED.— 

11 Amounts received as reimbursements under para12 graph (1) shall be credited to the fund or account 

13 that was used to cover the costs incurred by the Sec14 retary in carrying out the conveyance. Amounts so 

15 credited shall be merged with amounts in such fund 

16 or account and shall be available for the same pur17 poses, and subject to the same conditions and limita18 tions, as amounts in such fund or account. 

19 (e) ADDITIONAL TERM AND CONDITIONS.—The Sec20 retary may require such additional terms and conditions 

21 in connection with the conveyance under subsection (a) as 

22 the Secretary considers appropriate to protect the inter23 ests of the United States. 
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1 SEC. 2855. LAND CONVEYANCE, NAVAL AIR STATION 

2 OCEANA, VIRGINIA. 

3 (a) CONVEYANCE AUTHORIZED.—The Secretary of 

4 the Navy may convey to the City of Virginia Beach, Vir5 ginia (in this section referred to as the ‘‘City’’), all right, 

6 title, and interest of the United States in and to parcels 

7 of non-contiguous real property, including any improve8 ments thereon, consisting of a total of approximately 2.4 

9 acres at Naval Air Station Oceana, Virginia, for the pur10 pose of permitting the City to expand services to support 

11 the Marine Animal Care Center. 

12 (b) CONSIDERATION.—As consideration for the con13 veyance under subsection (a), the City shall provide com14 pensation to the Secretary of the Navy in an amount equal 

15 to the fair market value of the real property conveyed 

16 under such subsection, as determined by appraisals ac17 ceptable to the Secretary. 

18 (c) DESCRIPTION OF PROPERTY.—The exact acreage 

19 and legal description of the real property to be exchanged 

20 under this section shall be determined by surveys satisfac21 tory to the Secretary. 

22 (d) PAYMENT OF COSTS OF CONVEYANCES.— 

23 (1) PAYMENT REQUIRED.—The Secretary shall 

24 require the City to cover costs to be incurred by the 

25 Secretary, or to reimburse the Secretary for costs in26 curred by the Secretary, to carry out the conveyance 
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1 under this section, including survey costs related to 

2 the conveyance. If amounts are collected from the 

3 City in advance of the Secretary incurring the actual 

4 costs, and the amount collected exceeds the costs ac5 tually incurred by the Secretary to carry out the 

6 conveyance, the Secretary shall refund the excess 

7 amount to the City. 

8 (2) TREATMENT OF AMOUNTS RECEIVED.— 

9 Amounts received under paragraph (1) as reim10 bursement for costs incurred by the Secretary to 

11 carry out the conveyance under this section shall be 

12 credited to the fund or account that was used to 

13 cover the costs incurred by the Secretary in carrying 

14 out the conveyance. Amounts so credited shall be 

15 merged with amounts in such fund or account and 

16 shall be available for the same purposes, and subject 

17 to the same conditions and limitations, as amounts 

18 in such fund or account. 

19 (e) ADDITIONAL TERM AND CONDITIONS.—The Sec20 retary may require such additional terms and conditions 

21 in connection with the conveyance under this section as 

22 the Secretary considers appropriate to protect the inter23 ests of the United States. 
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1 SEC. 2856. LAND CONVEYANCE, HAINES TANK FARM, 

2 HAINES, ALASKA. 

3 (a) CONVEYANCE AUTHORIZED.—The Secretary of 

4 the Army may convey to the Chilkoot Indian Association 

5 (in this section referred to as the ‘‘Association’’) all right, 

6 title, and interest of the United States in and to a parcel 

7 of real property, including improvements thereon, con8 sisting of approximately 201 acres located at the former 

9 Haines Fuel Terminal (also known as the Haines Tank 

10 Farm) in Haines, Alaska, for the purpose of permitting 

11 the Association to develop a Deep Sea Port and for other 

12 industrial and commercial development purposes. To the 

13 extent practicable, the Secretary is encouraged to complete 

14 the conveyance by September 30, 2013. 

15 (b) CONSIDERATION.—As consideration for the con16 veyance of the property described in subsection (a), the 

17 Association shall pay to the Secretary an amount equal 

18 to the fair market value of the property, as determined 

19 by the Secretary. The determination of the Secretary shall 

20 be final. At the election of the Secretary, the Secretary 

21 may accept in-kind consideration in lieu of all or a portion 

22 of the cash payment. 

23 (c) REVERSIONARY INTEREST.—If the Secretary de24 termines at any time that the real property conveyed 

25 under subsection (a) is not being used in accordance with 

26 the purpose of the conveyance, all right, title, and interest 
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1 in and to such real property, including any improvements 

2 and appurtenant easements thereto, shall, at the option 

3 of the Secretary, revert to and become the property of the 

4 United States, and the United States shall have the right 

5 of immediate entry onto such real property. A determina6 tion by the Secretary under this subsection shall be made 

7 on the record after an opportunity for a hearing. 

8 (d) PAYMENT OF COSTS OF CONVEYANCES.— 

9 (1) PAYMENT REQUIRED.—The Secretary shall 

10 require the Association to cover costs to be incurred 

11 by the Secretary, or to reimburse the Secretary for 

12 costs incurred by the Secretary, to carry out the 

13 conveyance under subsection (a), including survey 

14 costs, costs related to environmental documentation, 

15 and other administrative costs related to the convey16 ance. If amounts are collected from the Association 

17 in advance of the Secretary incurring the actual 

18 costs, and the amount collected exceeds the costs ac19 tually incurred by the Secretary to carry out the 

20 conveyance, the Secretary shall refund the excess 

21 amount to the Association. 

22 (2) TREATMENT OF AMOUNTS RECEIVED.— 

23 Amounts received as reimbursements under para24 graph (1) shall be credited to the fund or account 

25 that was used to cover the costs incurred by the Sec-
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1 retary in carrying out the conveyance. Amounts so 

2 credited shall be merged with amounts in such fund 

3 or account and shall be available for the same pur4 poses, and subject to the same conditions and limita5 tions, as amounts in such fund or account. 

6 (e) SAVINGS PROVISION.—Nothing in this section 

7 shall be construed to affect or limit the application of, or 

8 any obligation to comply with, any environmental law, in9 cluding the Comprehensive Environmental Response, 

10 Compensation, and Liability Act of 1980 (42 U.S.C. 9601 

11 et seq.) and the Solid Waste Disposal Act (42 U.S.C. 6901 

12 et seq.). 

13 (f) DESCRIPTION OF PROPERTY.—The exact acreage 

14 and legal description of the real property to be conveyed 

15 under this section shall be determined by a survey satis16 factory to the Secretary. 

17 (g) ADDITIONAL TERM AND CONDITIONS.—The Sec18 retary may require such additional terms and conditions 

19 in connection with the conveyance under this section as 

20 the Secretary considers appropriate to protect the inter21 ests of the United States. 

22 SEC. 2857. COMPLETION OF LAND EXCHANGE AND CON23 SOLIDATION, FORT LEWIS, WASHINGTON. 

24 Subsection (a)(1) of section 2837 of the Military Con25 struction Authorization Act for Fiscal Year 2002 (division 
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1 B of Public Law 107–107; 115 Stat. 1315), as amended 

2 by section 2852 of the Military Construction Authoriza3 tion Act for Fiscal Year 2005 (division B of Public Law 

4 108–375; 118 Stat. 2143), is further amended— 

5 (1) in the first sentence, by striking ‘‘The Sec6 retary of the Army may transfer’’ and inserting 

7 ‘‘Not later than 60 days after the date of the enact8 ment of the Military Construction Authorization Act 

9 for Fiscal Year 2010, the Secretary of the Army 

10 shall transfer’’; and 

11 (2) in the second sentence— 

12 (A) by striking ‘‘may make the transfer’’ 

13 and inserting ‘‘shall make the transfer’’; and 

14 (B) by striking ‘‘may accept’’ and inserting 

15 ‘‘shall accept’’. 

16 SEC. 2858. LAND CONVEYANCE, FERNDALE HOUSING AT 

17 CENTERVILLE BEACH NAVAL FACILITY TO 

18 CITY OF FERNDALE, CALIFORNIA. 

19 (a) CONVEYANCE AUTHORIZED.—At such time as the 

20 Navy vacates the Ferndale Housing, which previously sup21 ported the now closed Centerville Beach Naval Facility in 

22 the City of Ferndale, California, the Secretary of the Navy 

23 may convey, at fair market value, to the City of Ferndale 

24 (in this section referred to as the ‘‘City’’), all right, title, 

25 and interest of the United States in and to the parcels 
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1 of real property, including improvements thereon, for the 

2 purpose of permitting the City to utilize the property for 

3 low- and moderate-income housing for seniors, families, or 

4 both. 

5 (b) REVERSIONARY INTEREST.—If the Secretary de6 termines at any time that the real property conveyed 

7 under subsection (a) is not being used in accordance with 

8 the purpose of the conveyance, all right, title, and interest 

9 in and to such real property, including any improvements 

10 and appurtenant easements thereto, shall, at the option 

11 of the Secretary, revert to and become the property of the 

12 United States, and the United States shall have the right 

13 of immediate entry onto such real property. A determina14 tion by the Secretary under this subsection shall be made 

15 on the record after an opportunity for a hearing. 

16 (c) DESCRIPTION OF PROPERTY.—The exact acreage 

17 and legal description of the real property to be conveyed 

18 under subsection (a) shall be determined by a survey satis19 factory to the Secretary. 

20 (d) PAYMENT OF COSTS OF CONVEYANCES.— 

21 (1) PAYMENT REQUIRED.—The Secretary shall 

22 require the City to cover costs to be incurred by the 

23 Secretary, or to reimburse the Secretary for costs in24 curred by the Secretary, to carry out the conveyance 

25 under subsection (a), including survey costs, costs 
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1 related to environmental documentation, and other 

2 administrative costs related to the conveyance. If 

3 amounts are collected from the city in advance of 

4 the Secretary incurring the actual costs, and the 

5 amount collected exceeds the costs actually incurred 

6 by the Secretary to carry out the conveyance, the 

7 Secretary shall refund the excess amount to the 

8 City. 

9 (2) TREATMENT OF AMOUNTS RECEIVED.— 

10 Amounts received as reimbursements under para11 graph (1) shall be credited to the fund or account 

12 that was used to cover the costs incurred by the Sec13 retary in carrying out the conveyance. Amounts so 

14 credited shall be merged with amounts in such fund 

15 or account and shall be available for the same pur16 poses, and subject to the same conditions and limita17 tions, as amounts in such fund or account. 

18 (e) ADDITIONAL TERM AND CONDITIONS.—The Sec19 retary may require such additional terms and conditions 

20 in connection with the conveyance under subsection (a) as 

21 the Secretary considers appropriate to protect the inter22 ests of the United States. 
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1 Subtitle F—Other Matters 

2 SEC. 2871. REVISED AUTHORITY TO ESTABLISH NATIONAL 

3 MONUMENT TO HONOR UNITED STATES 

4 ARMED FORCES WORKING DOG TEAMS. 

5 Section 2877 of the National Defense Authorization 

6 Act for Fiscal Year 2008 (Public Law 110–181; 122 Stat. 

7 563; 16 U.S.C. 431 note) is amended by striking ‘‘Na8 tional War Dogs Monument, Inc.,’’ both places it appears 

9 and inserting ‘‘John Burnam Monument Foundation, 

10 Inc.,’’. 

11 SEC. 2872. NAMING OF CHILD DEVELOPMENT CENTER AT 

12 FORT LEONARD WOOD, MISSOURI, IN HONOR 

13 OF MR. S. LEE KLING. 

14 A child development center at Fort Leonard Wood, 

15 Missouri, shall be known and designated as the ‘‘S. Lee 

16 Kling Child Development Center’’. Any reference in a law, 

17 map, regulation, document, paper, or other record of the 

18 United States to such child development center shall be 

19 deemed to be a reference to the S. Lee Kling Child Devel20 opment Center. 

21 SEC. 2873. CONDITIONS ON ESTABLISHMENT OF COOPERA22 TIVE SECURITY LOCATION IN PALANQUERO, 

23 COLOMBIA. 

24 (a) CONGRESSIONAL NOTIFICATION OF AGREE25 MENT.—None of the amounts authorized to be appro-
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1 priated by this division or otherwise made available for 

2 military construction for fiscal year 2010 may be obligated 

3 to commence construction of a Cooperative Security Loca4 tion at the German Olano Airbase (the Palanquero AB 

5 Development Project) in Palanquero, Colombia, until at 

6 least 15 days after the date on which the Secretary of De7 fense certifies to the congressional defense committees 

8 that an agreement has been entered into with the Govern9 ment of Colombia that permits the establishment of the 

10 Cooperative Security Location at the German Olano Air11 base in a manner that will enable the United States South12 ern Command to execute its Theater Posture Strategy in 

13 cooperation with the Armed Forces of Colombia. 

14 (b) PROHIBITION ON PERMANENT UNITED STATES

15 MILITARY INSTALLATION.—The agreement referred to in 

16 subsection (a) may not provide for or authorize the estab17 lishment of a United States military installation or base 

18 for the permanent stationing of United States Armed 

19 Forces in Colombia. 

20 SEC. 2874. MILITARY ACTIVITIES AT UNITED STATES MA21 RINE CORPS MOUNTAIN WARFARE TRAINING 

22 CENTER. 

23 Section 1806 of the Omnibus Public Land Manage24 ment Act of 2009 (Public Law 111–11; 123 Stat. 1056; 
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1 16 U.S.C. 460vvv) is amended by adding at the end the 

2 following new subsection: 

3 ‘‘(g) MILITARY ACTIVITIES AT UNITED STATES MA4 RINE CORPS MOUNTAIN WARFARE TRAINING CENTER.— 

5 The designation of the Bridgeport Winter Recreation Area 

6 by this section is not intended to restrict or preclude the 

7 activities conducted by the United States Armed Forces 

8 at the United States Marine Corps Mountain Warfare 

9 Training Center.’’. 

10 TITLE XXIX—OVERSEAS CONTIN11 GENCY OPERATIONS MILI12 TARY CONSTRUCTION AU13 THORIZATIONS 

Sec. 2901. Authorized Army construction and land acquisition projects. 

Sec. 2902. Authorized Air Force construction and land acquisition projects. 

Sec. 2903. Construction authorization for facilities for Office of Defense Representative-Pakistan. 

14 SEC. 2901. AUTHORIZED ARMY CONSTRUCTION AND LAND 

15 ACQUISITION PROJECTS. 

16 (a) OUTSIDE THE UNITED STATES.—Using amounts 

17 appropriated pursuant to the authorization of appropria18 tions in subsection (b)(1), the Secretary of the Army may 

19 acquire real property and carry out military construction 

20 projects for the installations or locations outside the 

21 United States, and in the amounts, set forth in the fol22 lowing table: 
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Army: Outside the United States 

Country Installation or Location Amount 

Afghanistan .................. Airborne ..................................................... $7,800,000 

Altimur ...................................................... $7,750,000 

Asadabad ................................................... $5,500,000 

Bagram Air Base ....................................... $132,850,000 

Camp Joyce ............................................... $7,700,000 

Camp Kabul ............................................... $137,000,000 

Camp Kandahar ........................................ $132,500,000 

Camp Salerno ............................................ $50,200,000 

Forward Operating Base Blessing ............ $5,600,000 

Forward Operating Base Bostick .............. $5,500,000 

Forward Operating Base Dwyer ............... $14,900,000 

Forward Operating Base Ghazni ............... $5,500,000 

Forward Operating Base Shank ................ $19,700,000 

Forward Operating Base Sharana ............ $60,800,000 

Frontenac ................................................... $2,200,000 

Jalalabad Airfield ...................................... $41,400,000 

Maywand .................................................... $12,200,000 

Methar-Lam ............................................... $4,150,000 

Provincial Reconstruction Team Gardez ... $36,200,000 

Provincial Reconstruction Team Tarin 

Kowt.

$57,950,000 

Tombstone/Bastion .................................... $71,800,000 

Wolverine ................................................... $14,900,000 

1 (b) AUTHORIZATION OF APPROPRIATIONS.—Funds 

2 are hereby authorized to be appropriated for fiscal years 

3 beginning after September 30, 2009, for military con4 struction, land acquisition, and military family housing 

5 functions of the Department of the Army in the total 

6 amount of $930,484,000 as follows: 

7 (1) For military construction projects outside 

8 the United States authorized by subsection (a), 

9 $834,100,000. 

10 (2) For unspecified minor military construction 

11 projects under section 2805 of title 10, United 

12 States Code, $20,100,000. 
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1 (3) For architectural and engineering services 

2 and construction design under section 2807 of title 

3 10, United States Code, $76,284,000. 

4 SEC. 2902. AUTHORIZED AIR FORCE CONSTRUCTION AND 

5 LAND ACQUISITION PROJECTS. 

6 (a) OUTSIDE THE UNITED STATES.—Using amounts 

7 appropriated pursuant to the authorization of appropria8 tions in subsection (b)(1), the Secretary of the Air Force 

9 may acquire real property and carry out military construc10 tion projects for the installations or locations outside the 

11 United States, and in the amounts, set forth in the fol12 lowing table: 

Air Force: Outside the United States 

Country Installation or Location Amout 

Afghanistan .................. Bagram Air Base ....................................... $29,100,000 

Camp Kandahar ........................................ $234,600,000 

Forward Operating Base Dwyer ............... $4,900,000 

Forward Operating Base Shank ................ $4,900,000 

Provincial Reconstruction Team Tarin 

Kowt.

$4,900,000 

Tombstone/Bastion .................................... $156,200,000 

Wolverine ................................................... $4,900,000 

13 (b) AUTHORIZATION OF APPROPRIATIONS.—Funds 

14 are hereby authorized to be appropriated for fiscal years 

15 beginning after September 30, 2009, for military con16 struction, land acquisition, and military family housing 

17 functions of the Department of the Air Force in the total 

18 amount of $474,500,000, as follows: 
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1 (1) For military construction projects outside 

2 the United States authorized by subsection (a), 

3 $439,500,000. 

4 (2) For architectural and engineering services 

5 and construction design under section 2807 of title 

6 10, United States Code, $35,000,000. 

7 SEC. 2903. CONSTRUCTION AUTHORIZATION FOR FACILI8 TIES FOR OFFICE OF DEFENSE REPRESENTA9 TIVE-PAKISTAN. 

10 (a) IN GENERAL.—Notwithstanding the definition of 

11 military construction in section 2801 of title 10, United 

12 States Code, of the amounts authorized to be appropriated 

13 by this division for military construction, the Secretary of 

14 Defense may use not more than $25,000,000 to plan, de15 sign, and construct facilities on the United States Em16 bassy Compound in Islamabad, Pakistan, in support of the 

17 Office of the Defense Representative-Pakistan (in this sec18 tion referred to as the ‘‘ODRP’’). 

19 (b) REPORT REQUIRED.— 

20 (1) IN GENERAL.—Not later than 90 days after 

21 the date of the enactment of this Act, and every 180 

22 days thereafter, the Secretary of Defense shall sub23 mit to the appropriate congressional committees a 

24 report on the number of personnel and activities of 

25 the ODRP. 
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1 (2) ELEMENTS.—The report under paragraph 

2 (1) shall include the following: 

3 (A) A detailed accounting of the number of 

4 personnel permanently assigned or on tem5 porary duty in the ODRP. 

6 (B) A description of the mission of those 

7 personnel assigned on a temporary or perma8 nent basis to the ODRP. 

9 (C) A projection of space requirements for 

10 the ODRP. 

11 (3) FORM.—The report under paragraph (1) 

12 may be submitted in a classified form. 

13 (4) APPROPRIATE COMMITTEES.—For the pur14 poses of this subsection, the appropriate congres15 sional committees are the following: 

16 (A) The Committees on Armed Services 

17 and Foreign Affairs of the House of Represent18 atives. 

19 (B) The Committees on Armed Services 

20 and Foreign Relations of the Senate. 

21 (5) TERMINATION.—The requirement to submit 

22 a report under this subsection terminates on the 

23 date occurring two years after the date on which the 

24 first report is submitted. 
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1 DIVISION C—DEPARTMENT OF 

2 ENERGY NATIONAL SECURITY 

3 AUTHORIZATIONS AND 

4 OTHER AUTHORIZATIONS 

5 TITLE XXXI—DEPARTMENT OF 

6 ENERGY NATIONAL SECURITY 

7 PROGRAMS 

Subtitle A—National Security Programs Authorizations 

Sec. 3101. National Nuclear Security Administration. 

Sec. 3102. Defense environmental cleanup. 

Sec. 3103. Other defense activities. 

Sec. 3104. Defense nuclear waste disposal. 

Sec. 3105. Energy security and assurance. 

Subtitle B—Program Authorizations, Restrictions, and Limitations 

Sec. 3111. Stockpile stewardship program. 

Sec. 3112. Stockpile management program. 

Sec. 3113. Plan for execution of stockpile stewardship and stockpile management programs. 

Sec. 3114. Dual validation of annual weapons assessment and certification. 

Sec. 3115. Annual long-term plan for the modernization and refurbishment of 

the nuclear security complex. 

Subtitle C—Reports 

Sec. 3121. Comptroller General review of management and operations contract 

costs for national security laboratories. 

Sec. 3122. Plan to ensure capability to monitor, analyze, and evaluate foreign 

nuclear weapons activities. 

8 Subtitle A—National Security 

9 Programs Authorizations 

10 SEC. 3101. NATIONAL NUCLEAR SECURITY ADMINISTRA11 TION. 

12 (a) AUTHORIZATION OF APPROPRIATIONS.—Funds 

13 are hereby authorized to be appropriated to the Depart14 ment of Energy for fiscal year 2010 for the activities of 
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1 the National Nuclear Security Administration in carrying 

2 out programs necessary for national security in the 

3 amount of $10,479,627,000, to be allocated as follows: 

4 (1) For weapons activities, $6,516,431,000. 

5 (2) For defense nuclear nonproliferation activi6 ties, $2,539,309,000. 

7 (3) For naval reactors, $1,003,133,000. 

8 (4) For the Office of the Administrator for Nu9 clear Security, $420,754,000. 

10 (b) AUTHORIZATION OF NEW PLANT PROJECTS.— 

11 From funds referred to in subsection (a) that are available 

12 for carrying out plant projects, the Secretary of Energy 

13 may carry out new plant projects for the National Nuclear 

14 Security Administration as follows: 

15 (1) For readiness in technical base and facili16 ties, the following new plant project: 

17 Project 10–D–501, nuclear facilities risk 

18 reduction, Y–12 National Security Complex, 

19 Oak Ridge, Tennessee, $12,500,000. 

20 (2) For safeguards and security, the following 

21 new plant project: 

22 Project 10–D–701, security improvement 

23 project, Y–12 National Security Complex, Oak 

24 Ridge, Tennessee, $49,000,000. 
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1 (3) For naval reactors, the following new plant 

2 projects: 

3 Project 10–D–903, KAPL security up4 grades, Schenectady, New York, $1,500,000. 

5 Project 10–D–904, Naval Reactors Facility 

6 infrastructure upgrades, Naval Reactors Facil7 ity, Idaho, $700,000. 

8 SEC. 3102. DEFENSE ENVIRONMENTAL CLEANUP. 

9 Funds are hereby authorized to be appropriated to 

10 the Department of Energy for fiscal year 2010 for defense 

11 environmental cleanup activities in carrying out programs 

12 necessary for national security in the amount of 

13 $5,024,491,000. 

14 SEC. 3103. OTHER DEFENSE ACTIVITIES. 

15 Funds are hereby authorized to be appropriated to 

16 the Department of Energy for fiscal year 2010 for other 

17 defense activities in carrying out programs necessary for 

18 national security in the amount of $872,468,000. 

19 SEC. 3104. DEFENSE NUCLEAR WASTE DISPOSAL. 

20 Funds are hereby authorized to be appropriated to 

21 the Department of Energy for fiscal year 2010 for defense 

22 nuclear waste disposal for payment to the Nuclear Waste 

23 Fund established in section 302(c) of the Nuclear Waste 

24 Policy Act of 1982 (42 U.S.C. 10222(c)) in the amount 

25 of $98,400,000. 
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1 SEC. 3105. ENERGY SECURITY AND ASSURANCE. 

2 Funds are hereby authorized to be appropriated to 

3 the Department of Energy for fiscal year 2010 for energy 

4 security and assurance programs necessary for national 

5 security in the amount of $6,188,000. 

6 Subtitle B—Program Authoriza7 tions, Restrictions, and Limita8 tions 

9 SEC. 3111. STOCKPILE STEWARDSHIP PROGRAM. 

10 (a) IN GENERAL.—Subsection (a) of section 4201 of 

11 the Atomic Energy Defense Act (division D of Public Law 

12 107–314; 50 U.S.C. 2521) is amended to read as follows: 

13 ‘‘(a) ESTABLISHMENT.—The Secretary of Energy, 

14 acting through the Administrator for Nuclear Security, 

15 shall establish a stewardship program to ensure— 

16 ‘‘(1) the preservation of the core intellectual 

17 and technical competencies of the United States in 

18 nuclear weapons, including weapons design, system 

19 integration, manufacturing, security, use control, re20 liability assessment, and certification; and 

21 ‘‘(2) that the nuclear weapons stockpile is safe, 

22 secure, and reliable without the use of underground 

23 nuclear weapons testing.’’. 

24 (b) ELEMENTS.—Subsection (b) of such section is 

25 amended— 
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1 (1) in paragraph (1), by inserting ‘‘and per2 formance over time’’ after ‘‘detonation’’; and 

3 (2) by adding at the end the following new 

4 paragraphs: 

5 ‘‘(4) Material support for the use of, and ex6 periments facilitated by, the advanced experimental 

7 facilities of the United States, including— 

8 ‘‘(A) the National Ignition Facility at Law9 rence Livermore National Laboratory; 

10 ‘‘(B) the Dual Axis Radiographic Hydro11 dynamic Test Facility at Los Alamos National 

12 Laboratory; and 

13 ‘‘(C) the Z Machine at Sandia National 

14 Laboratories. 

15 ‘‘(5) Material support for the sustainment and 

16 modernization of facilities with production and man17 ufacturing capabilities that are necessary to ensure 

18 the safety, security, and reliability of the nuclear 

19 weapons stockpile, including— 

20 ‘‘(A) the Pantex Plant; 

21 ‘‘(B) the Y–12 National Security Complex; 

22 ‘‘(C) the Kansas City Plant; and 

23 ‘‘(D) the Savannah River Site.’’. 
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1 (c) PRIOR AUTHORIZATION OF APPROPRIATIONS FOR

2 FISCAL YEAR 1994.—Such section is further amended by 

3 striking subsection (c). 

4 SEC. 3112. STOCKPILE MANAGEMENT PROGRAM. 

5 (a) IN GENERAL.—The Atomic Energy Defense Act 

6 (division D of Public Law 107–314; 50 U.S.C. 2501 et 

7 seq.) is amended— 

8 (1) by repealing section 4204A (50 U.S.C. 

9 2524a); and 

10 (2) by amending section 4204 (50 U.S.C. 2524) 

11 to read as follows: 

12 ‘‘SEC. 4204. STOCKPILE MANAGEMENT PROGRAM. 

13 ‘‘(a) PROGRAM REQUIRED.—The Secretary of En14 ergy, acting through the Administrator for Nuclear Secu15 rity and in consultation with the Secretary of Defense, 

16 shall carry out a program, to be known as the stockpile 

17 management program, to provide for the effective manage18 ment of the weapons in the nuclear weapons stockpile (in19 cluding any weapon proposed to be added to the stockpile). 

20 The program shall have the following objectives: 

21 ‘‘(1) To increase the reliability, safety, and se22 curity of the nuclear weapons stockpile of the United 

23 States. 

24 ‘‘(2) To further reduce the likelihood of the re25 sumption of underground nuclear weapons testing. 
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1 ‘‘(3) To achieve reductions in the future size of 

2 the nuclear weapons stockpile. 

3 ‘‘(4) To reduce the risk of an accidental detona4 tion of an element of the stockpile. 

5 ‘‘(5) To reduce the risk of an element of the 

6 stockpile being used by a person or entity hostile to 

7 the United States, its vital interests, or its allies. 

8 ‘‘(b) PROGRAM BUDGET.—For each budget sub9 mitted by the President to Congress under section 1105 

10 of title 31, United States Code, the amounts requested 

11 for the program shall be clearly identified in the budget 

12 justification materials submitted to Congress in support 

13 of that budget. 

14 ‘‘(c) PROGRAM LIMITATIONS.—In carrying out the 

15 stockpile management program under subsection (a), the 

16 Secretary shall ensure that— 

17 ‘‘(1) any changes made to the stockpile shall be 

18 made to achieve the objectives identified in sub19 section (a); and 

20 ‘‘(2) any such changes made to the stockpile 

21 shall— 

22 ‘‘(A) remain consistent with basic design 

23 parameters by including, to the maximum ex24 tent feasible, components that are well under25 stood or are certifiable without the need to re-
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1 sume underground nuclear weapons testing; 

2 and 

3 ‘‘(B) use the design, certification, and pro4 duction expertise resident in the nuclear com5 plex to fulfill current mission requirements of 

6 the existing stockpile.’’. 

7 (b) CLERICAL AMENDMENT.—The table of contents 

8 in section 4001(b) of such Act (division D of Public Law 

9 107–314; 50 U.S.C. 2501 note) is amended by striking 

10 the items relating to sections 4204 and 4204A and insert11 ing the following new item: 

‘‘Sec. 4204. Stockpile management program.’’. 

12 SEC. 3113. PLAN FOR EXECUTION OF STOCKPILE STEWARD13 SHIP AND STOCKPILE MANAGEMENT PRO14 GRAMS. 

15 (a) PLAN.—Section 4203 of the Atomic Energy De16 fense Act (division D of Public Law 107–314; 50 U.S.C. 

17 2523) is amended to read as follows: 

18 ‘‘SEC. 4203. PLAN FOR EXECUTION OF STOCKPILE STEW19 ARDSHIP AND STOCKPILE MANAGEMENT 

20 PROGRAMS. 

21 ‘‘(a) PLAN REQUIREMENT.—The Secretary of En22 ergy, acting through the Administrator for Nuclear Secu23 rity, shall develop and annually update a plan for main24 taining the nuclear weapons stockpile. The plan shall 

25 cover, at a minimum, stockpile stewardship, stockpile 
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1 management, and program direction and shall be con2 sistent with the programmatic and technical requirements 

3 of the most recent annual Nuclear Weapons Stockpile 

4 Memorandum. 

5 ‘‘(b) PLAN ELEMENTS.—The plan and each update 

6 of the plan shall set forth the following: 

7 ‘‘(1) The number of warheads (including active 

8 and inactive warheads) for each warhead type in the 

9 nuclear weapons stockpile. 

10 ‘‘(2) The current age of each warhead type, and 

11 any plans for stockpile lifetime extensions and modi12 fications or replacement of each warhead type. 

13 ‘‘(3) The process by which the Secretary of En14 ergy is assessing the lifetime and requirements for 

15 maintenance of the nuclear and nonnuclear compo16 nents of the warheads (including active and inactive 

17 warheads) in the nuclear weapons stockpile. 

18 ‘‘(4) The process used in recertifying the safety, 

19 security, and reliability of each warhead type in the 

20 nuclear weapons stockpile without the use of nuclear 

21 testing. 

22 ‘‘(5) Any concerns which would affect the abil23 ity of the Secretary of Energy to recertify the safety, 

24 security, or reliability of warheads in the nuclear 
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1 weapons stockpile (including active and inactive war2 heads). 

3 ‘‘(c) ASSESSMENT.—In addition to the elements de4 scribed under subsection (b), the plan and each update 

5 of the plan shall include a joint assessment of the stockpile 

6 stewardship program by the heads of the national security 

7 laboratories. Each assessment shall set forth the following: 

8 ‘‘(1) An identification and description of— 

9 ‘‘(A) any key technical challenges to the 

10 program; and 

11 ‘‘(B) the strategies to address such chal12 lenges without the use of nuclear testing. 

13 ‘‘(2) A strategy for using the science-based 

14 tools (including advanced simulation and computing 

15 capabilities) of each national security laboratory to 

16 ensure that the nuclear weapons stockpile is safe, se17 cure, and reliable without the use of nuclear testing. 

18 ‘‘(3) An assessment of the science-based tools 

19 (including advanced simulation and computing capa20 bilities) of each national security laboratory that 

21 exist at the time of the plan compared with the 

22 science-based tools expected to exist during the pe23 riod covered by the future-years nuclear security 

24 program. 
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1 ‘‘(4) Clear and specific criteria for judging 

2 whether the science-based tools being used by the 

3 Department of Energy for determining the safety 

4 and reliability of the nuclear weapons stockpile are 

5 performing in a manner that will provide an ade6 quate degree of certainty that the stockpile is safe 

7 and reliable. 

8 ‘‘(5) An assessment of the core scientific and 

9 technical competencies required to achieve the objec10 tives of the stockpile stewardship program and other 

11 weapons and weapons-related activities of the De12 partment of Energy, including— 

13 ‘‘(A) the number of scientists, engineers, 

14 and technicians, by discipline, required to main15 tain such competencies; and 

16 ‘‘(B) a description of any shortage of such 

17 individuals that exists at the time of the plan 

18 compared with any shortage expected to exist 

19 during the period covered by the future-years 

20 nuclear security program. 

21 ‘‘(d) REPORTS TO CONGRESS.—Not later than Feb22 ruary 1 of each year, beginning with February 1, 2010, 

23 the Secretary of Energy shall submit to the congressional 

24 defense committees a report describing the plan required 

25 by subsection (a). 
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1 ‘‘(e) DEFINITIONS.—In this section: 

2 ‘‘(1) The term ‘future-years nuclear security 

3 program’ means the program required by section 

4 3253 of the National Nuclear Security Administra5 tion Act (50 U.S.C. 2453). 

6 ‘‘(2) The term ‘national security laboratory’ has 

7 the meaning given such term in section 3281 of the 

8 National Nuclear Security Administration Act (50 

9 U.S.C. 2471). 

10 ‘‘(3) The term ‘weapons activities’ means each 

11 activity within the budget category of weapons ac12 tivities in the budget of the National Nuclear Secu13 rity Administration. 

14 ‘‘(4) The term ‘weapons–related activities’ 

15 means each activity under the Department of En16 ergy that involves nuclear weapons, nuclear weapons 

17 technology, or fissile or radioactive materials, includ18 ing activities related to— 

19 ‘‘(A) nuclear non-proliferation; 

20 ‘‘(B) nuclear forensics; 

21 ‘‘(C) nuclear intelligence; 

22 ‘‘(D) nuclear safety; and 

23 ‘‘(E) nuclear incident response.’’. 
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1 (b) CLERICAL AMENDMENT.—The item relating to 

2 section 4203 in the table of contents for such Act is 

3 amended to read as follows: 

‘‘Sec. 4203. Plan for execution of stockpile stewardship and stockpile management programs.’’. 

4 (c) CONFORMING REPEAL.—Section 4202 of the 

5 Atomic Energy Defense Act (division D of Public Law 

6 107–314; 50 U.S.C. 2522) is repealed. 

7 SEC. 3114. DUAL VALIDATION OF ANNUAL WEAPONS AS8 SESSMENT AND CERTIFICATION. 

9 (a) DUAL VALIDATION.— 

10 (1) IN GENERAL.—Section 4205 of the Atomic 

11 Energy Defense Act (division D of Public Law 107– 

12 314; 50 U.S.C. 2525) is amended— 

13 (A) by redesignating subsections (c) 

14 through (h) as subsections (d) through (i), re15 spectively; and 

16 (B) by inserting after subsection (b) the 

17 following new subsection (c): 

18 ‘‘(c) DUAL VALIDATION TEAMS IN SUPPORT OF AS19 SESSMENTS.—In support of the assessments required by 

20 subsection (a), the Administrator for Nuclear Security 

21 shall establish teams, known as ‘dual validation teams’, 

22 to provide Lawrence Livermore National Laboratory and 

23 Los Alamos National Laboratory with independent evalua-
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1 tions of the condition of each warhead for which such lab2 oratory has lead responsibility. Each such team shall— 

3 ‘‘(1) be comprised of weapons experts from the 

4 laboratory that does not have lead responsibility for 

5 fielding the warhead being evaluated; 

6 ‘‘(2) have access to all surveillance and under7 ground test data for all stockpile systems for use in 

8 the independent evaluations; 

9 ‘‘(3) use all relevant available data to conduct 

10 independent calculations; and 

11 ‘‘(4) pursue independent experiments to support 

12 the independent evaluations.’’. 

13 (2) PLAN.—Not later than March 1, 2010, the 

14 Administrator for Nuclear Security shall submit to 

15 the congressional defense committees a plan (includ16 ing a schedule) to carry out subsection (c) of section 

17 4205 of such Act, as added by paragraph (1) of this 

18 subsection. 

19 (b) RED TEAM REVIEWS.—Subsection (d)(1) of such 

20 section, as redesignated by subsection (a)(1)(A) of this 

21 section, is amended— 

22 (1) by inserting ‘‘both’’ after ‘‘review’’; and 

23 (2) by inserting after ‘‘that laboratory’’ the fol24 lowing: ‘‘and the independent evaluations conducted 

25 by a dual validation team under subsection (c)’’. 
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1 (c) SUMMARY.—Subsection (e)(3) of such section, as 

2 redesignated by subsection (a)(1)(A) of this section, is 

3 amended— 

4 (1) in subparagraph (B), by striking ‘‘and’’ at 

5 the end; 

6 (2) in subparagraph (C), by striking the period 

7 and inserting ‘‘; and’’; and 

8 (3) by adding at the end the following new sub9 paragraph: 

10 ‘‘(D) a concise summary of the results of 

11 any independent evaluation conducted by a dual 

12 validation team under subsection (c).’’. 

13 (d) CONFORMING AMENDMENTS.—Such section is 

14 further amended— 

15 (1) in paragraph (3)(C) of subsection (e), as re16 designated by subsection (a)(1)(A) of this section, by 

17 striking ‘‘subsection (c)’’ and inserting ‘‘subsection 

18 (d)’’; 

19 (2) in paragraph (1)(A) of subsection (f), as re20 designated by subsection (a)(1)(A) of this section, by 

21 striking ‘‘subsection (d)’’ and inserting ‘‘subsection 

22 (e)’’; 

23 (3) in subsection (g), as redesignated by sub24 section (a)(1)(A) of this section, by striking ‘‘sub25 section (e)’’ and inserting ‘‘subsection (f)’’; and 
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1 (4) in subsection (i), as redesignated by sub2 section (a)(1)(A) of this section— 

3 (A) in paragraph (1), by striking ‘‘sub4 section (d)’’ and inserting ‘‘subsection (e)’’; and 

5 (B) in paragraph (2), by striking ‘‘sub6 section (e)’’ and inserting ‘‘subsection (f)’’. 

7 SEC. 3115. ANNUAL LONG-TERM PLAN FOR THE MOD8 ERNIZATION AND REFURBISHMENT OF THE 

9 NUCLEAR SECURITY COMPLEX. 

10 (a) POLICY.—It is the policy of the United States 

11 that sustainment, modernization, and refurbishment of 

12 the nuclear security complex is mandatory for maintaining 

13 the future viability of the United States nuclear deterrent 

14 and a prerequisite for any reductions to the nuclear weap15 ons stockpile of the United States. 

16 (b) GENERAL REQUIREMENT.—Subtitle D of the Na17 tional Nuclear Security Administration Act (50 U.S.C. 

18 2451 et seq.) is amended by adding at the end the fol19 lowing new section: 

20 ‘‘SEC. 3255. BUDGETING FOR MODERNIZATION AND REFUR21 BISHMENT OF THE NUCLEAR SECURITY COM22 PLEX: ANNUAL PLAN AND CERTIFICATION. 

23 ‘‘(a) ANNUAL NUCLEAR SECURITY COMPLEX MOD24 ERNIZATION AND REFURBISHMENT PLAN AND CERTIFI25 CATION.—The Administrator for Nuclear Security shall 
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1 include with the nuclear security budget materials for each 

2 fiscal year— 

3 ‘‘(1) a plan for the modernization and refur4 bishment of the nuclear security complex developed 

5 in accordance with this section; and 

6 ‘‘(2) a certification by the Administrator that 

7 both the budget for that fiscal year and the future8 years nuclear security program submitted to Con9 gress in relation to such budget under section 3253 

10 provide for funding of the nuclear security complex 

11 at a level that is sufficient for the modernization and 

12 refurbishment of the nuclear security complex pro13 vided for in the plan under paragraph (1) on the 

14 schedule provided in the plan. 

15 ‘‘(b) ANNUAL NUCLEAR SECURITY COMPLEX MOD16 ERNIZATION AND REFURBISHMENT PLAN.—(1) The an17 nual nuclear security complex modernization and refur18 bishment plan developed for a fiscal year for purposes of 

19 subsection (a)(1) should be designed so that the nuclear 

20 security complex provided for under that plan is capable 

21 of supporting— 

22 ‘‘(A) the National Security Strategy of the 

23 United States as set forth in the most recent 

24 national security strategy report of the Presi25 dent under section 108 of the National Security 
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1 Act of 1947 (50 U.S.C. 404a), except that, if 

2 at the time such plan is submitted with the nu3 clear security budget materials for that fiscal 

4 year, a national security strategy report re5 quired under such section 108 has not been 

6 submitted to Congress as required by para7 graph (2) or paragraph (3), if applicable, of 

8 subsection (a) of such section, then such annual 

9 plan should be designed so that the nuclear se10 curity complex modernization and refurbish11 ment provided for under that plan is capable of 

12 supporting the nuclear security complex rec13 ommended in the report of the most recent 

14 Quadrennial Defense Review; and 

15 ‘‘(B) the nuclear posture of the United 

16 States as set forth in the most recent Nuclear 

17 Posture Review. 

18 ‘‘(2) Each such nuclear security complex mod19 ernization and refurbishment plan shall include the 

20 following: 

21 ‘‘(A) A detailed program with schedule and 

22 associated funding for the modernization and 

23 refurbishment of the nuclear security complex 

24 for the National Nuclear Security Administra25 tion over the next 30 fiscal years. 
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1 ‘‘(B) A description of the necessary mod2 ernization and refurbishment measures to meet 

3 the requirements of the national security strat4 egy of the United States or the most recent 

5 Quadrennial Defense Review, whichever is ap6 plicable under paragraph (1), and the Nuclear 

7 Posture Review. 

8 ‘‘(C) The estimated levels of annual fund9 ing necessary to carry out the program, to10 gether with a discussion of the implementation 

11 strategies on which such estimated levels of an12 nual funding are based. 

13 ‘‘(c) ASSESSMENT WHEN NUCLEAR SECURITY COM14 PLEX MODERNIZATION AND REFURBISHMENT BUDGET IS

15 INSUFFICIENT TO MEET APPLICABLE REQUIREMENTS.— 

16 If the budget for a fiscal year provides for funding of the 

17 modernization and refurbishment of the nuclear security 

18 complex at a level that is not sufficient to sustain the re19 quirements specified in the plan for that fiscal year under 

20 subsection (a), the Administrator shall include with the 

21 nuclear security budget materials for that fiscal year an 

22 assessment that describes and discusses the risks and im23 plications associated with the ability of the nuclear secu24 rity complex to support the annual certification of the nu25 clear stockpile of the United States and maintain its long- 
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1 term safety, security, and reliability. Such assessment 

2 shall be coordinated in advance with the Secretary of De3 fense and the Commander of the United States Strategic 

4 Command. 

5 ‘‘(d) DEFINITIONS.—In this section: 

6 ‘‘(1) The term ‘nuclear security complex’ means 

7 the physical facilities, technology, and human capital 

8 of— 

9 ‘‘(A) the national security laboratories; 

10 ‘‘(B) the Pantex Plant; 

11 ‘‘(C) the Y–12 National Security Complex; 

12 ‘‘(D) the Kansas City Plant; 

13 ‘‘(E) the Savannah River Site; and 

14 ‘‘(F) the Nevada test site. 

15 ‘‘(2) The term ‘budget’ with respect to a fiscal 

16 year, means the budget for that fiscal year that is 

17 submitted to Congress by the President under sec18 tion 1105(a) of title 31. 

19 ‘‘(3) The term ‘nuclear security budget mate20 rials’, with respect to a fiscal year, means the mate21 rials submitted to Congress by the Administrator for 

22 Nuclear Security in support of the budget for that 

23 fiscal year. 

24 ‘‘(4) The term ‘Quadrennial Defense Review’ 

25 means the review of the defense programs and poli-
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1 cies of the United States that is carried out every 

2 four years under section 118 of title 10, United 

3 States Code.’’. 

4 (c) CLERICAL AMENDMENT.—The table of sections 

5 at the beginning of the National Nuclear Security Admin6 istration Act is amended by inserting after the item relat7 ing to section 3254 the following new item: 

‘‘3255. Budgeting for modernization and refurbishment of the nuclear security 

complex: annual plan and certification.’’. 

8 Subtitle C—Reports 

9 SEC. 3121. COMPTROLLER GENERAL REVIEW OF MANAGE10 MENT AND OPERATIONS CONTRACT COSTS 

11 FOR NATIONAL SECURITY LABORATORIES. 

12 (a) REVIEW REQUIRED.—The Comptroller General 

13 shall review the effects of the contracts entered into by 

14 the Department of Energy in 2006 and 2007 that provide 

15 for the management and operations of the covered na16 tional laboratories. The review shall include the following: 

17 (1) A detailed description of the costs related to 

18 the transition from the period when the management 

19 and operations of the covered national laboratories 

20 were performed by the University of California to 

21 the period when such management and operations 

22 were performed by a covered contractor, including— 

23 (A) a description of any continuing dif24 ferences in the cost structure of the manage-
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1 ment and operations when performed by the 

2 University of California and the cost structure 

3 of the management and operations when per4 formed by a covered contractor; and 

5 (B) an assessment of the effect of such 

6 cost differences on the resources available to 

7 support scientific and technical programs at the 

8 covered national laboratories. 

9 (2) A quantitative assessment of the ability of 

10 the covered national laboratories to perform other 

11 important laboratory functions, including safety, se12 curity, and environmental management. 

13 (b) REPORT.—Not later than March 1, 2010, the 

14 Comptroller General shall submit to the congressional de15 fense committees a report on the results of the review. 

16 (c) DEFINITIONS.—In this section: 

17 (1) The term ‘‘covered contractor’’ means— 

18 (A) with respect to Los Alamos National 

19 Laboratory, Los Alamos National Security, 

20 LLC; and 

21 (B) with respect to Lawrence Livermore 

22 National Laboratory, Lawrence Livermore Na23 tional Security, LLC. 

24 (2) The term ‘‘covered national laboratories’’ 

25 means— 
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1 (A) the Los Alamos National Laboratory; 

2 and 

3 (B) the Lawrence Livermore National Lab4 oratory. 

5 SEC. 3122. PLAN TO ENSURE CAPABILITY TO MONITOR, 

6 ANALYZE, AND EVALUATE FOREIGN NU7 CLEAR WEAPONS ACTIVITIES. 

8 (a) PLAN.—The Secretary of Energy, in consultation 

9 with the Director of National Intelligence and the Sec10 retary of Defense, shall prepare a plan to ensure that the 

11 national laboratories overseen by the Department of En12 ergy maintain a robust technical capability to monitor, 

13 analyze, and evaluate foreign nuclear weapons activities. 

14 (b) REPORT.—Not later than February 28, 2010, the 

15 Secretary of Energy shall submit a report to the appro16 priate committees of Congress describing the plan re17 quired under subsection (a) and the resources necessary 

18 to implement the plan. The report shall be in unclassified 

19 form, but may include a classified annex. 

20 (c) APPROPRIATE COMMITTEES.—For purposes of 

21 this section, the appropriate committees of Congress are 

22 the following: 

23 (1) the Committee on Armed Services, the 

24 Committee on Appropriations, and the Permanent 
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1 Select Committee on Intelligence of the House of 

2 Representatives; and 

3 (2) the Committee on Armed Services, the 

4 Committee on Appropriations, and the Select Com5 mittee on Intelligence of the Senate. 

6 TITLE XXXII—DEFENSE NU7 CLEAR FACILITIES SAFETY 

8 BOARD 

Sec. 3201. Authorization. 

9 SEC. 3201. AUTHORIZATION. 

10 There are authorized to be appropriated for fiscal 

11 year 2010, $26,086,000 for the operation of the Defense 

12 Nuclear Facilities Safety Board under chapter 21 of the 

13 Atomic Energy Act of 1954 (42 U.S.C. 2286 et seq.). 

14 TITLE XXXIV—NAVAL 

15 PETROLEUM RESERVES 

Sec. 3401. Authorization of appropriations. 

16 SEC. 3401. AUTHORIZATION OF APPROPRIATIONS. 

17 (a) AMOUNT.—There are hereby authorized to be ap18 propriated to the Secretary of Energy $23,627,000 for fis19 cal year 2010 for the purpose of carrying out activities 

20 under chapter 641 of title 10, United States Code, relating 

21 to the naval petroleum reserves. 
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1 (b) PERIOD OF AVAILABILITY.—Funds appropriated 

2 pursuant to the authorization of appropriations in sub3 section (a) shall remain available until expended. 

4 TITLE XXXV—MARITIME 

5 ADMINISTRATION 

Sec. 3501. Authorization of appropriations for fiscal year 2010. 

Sec. 3502. Liquidation of unused leave balance at the United States Merchant 

Marine Academy. 

Sec. 3503. Adjunct professors. 

Sec. 3504. Maritime loan guarantee program. 

Sec. 3505. Defense measures against unauthorized seizures of Maritime Security Fleet vessels. 

Sec. 3506. Technical corrections to State maritime academies student incentive 

program. 

Sec. 3507. Limitation on disposal of interest in certain vessels. 

6 SEC. 3501. AUTHORIZATION OF APPROPRIATIONS FOR FIS7 CAL YEAR 2010. 

8 Funds are hereby authorized to be appropriated for 

9 fiscal year 2010, to be available without fiscal year limita10 tion if so provided in appropriations Acts, for the use of 

11 the Department of Transportation for the Maritime Ad12 ministration as follows: 

13 (1) For expenses necessary for operations and 

14 training activities, $152,900,000, of which— 

15 (A) $15,391,000 shall remain available 

16 until expended for capital improvements at the 

17 United States Merchant Marine Academy; 

18 (B) $11,240,000 shall remain available 

19 until expended for maintenance and repair of 
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1 training ships of the State Maritime Academies; 

2 and 

3 (C) $53,208,000 shall be available for op4 erations at the United States Merchant Marine 

5 Academy. 

6 (2) For expenses to maintain a preserve a 

7 United States-flag merchant fleet to serve the na8 tional security needs of the United States under 

9 chapter 531 of title 46, United States Code, 

10 $174,000,000. 

11 (3) For expenses to dispose of obsolete vessels 

12 in the National Defense Reserve Fleet, $15,000,000. 

13 (4) For the cost (as defined in section 502(5) 

14 of the Federal Credit Reform Act of 1990 (2 U.S.C. 

15 661a(5)) of loan guarantees under the program au16 thorized by chapter 537 of title 46, United States 

17 Code, $60,000,000. 

18 SEC. 3502. LIQUIDATION OF UNUSED LEAVE BALANCE AT 

19 THE UNITED STATES MERCHANT MARINE 

20 ACADEMY. 

21 The Maritime Administrator may, subject to the 

22 availability of appropriations, make a lump-sum payment 

23 for the accumulated balance of unused leave to any former 

24 employee of a United States Merchant Marine Academy 

25 nonappropriated fund instrumentality who was terminated 
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1 from such employment in 2009 or whose position as such 

2 an employee was converted to the Civil Service in 2009 

3 under authority granted by section 3506 of the Duncan 

4 Hunter National Defense Authorization Act for fiscal year 

5 2009 (Public Law 110–417; 122 Stat. 4356). 

6 SEC. 3503. ADJUNCT PROFESSORS. 

7 Section 3506 of the Duncan Hunter National De8 fense Authorization Act for Fiscal Year 2009 (Public Law 

9 110–417; 122 Stat. 4356) is amended— 

10 (1) in subsection (a), by striking ‘‘temporary’’; 

11 (2) in subsection (b), by inserting ‘‘and’’ after 

12 the semicolon at the end of paragraph (1), by strik13 ing ‘‘; and’’ at the end of paragraph (2) and insert14 ing a period, and by striking paragraph (3); and 

15 (3) by striking subsection (d) and inserting the 

16 following: 

17 ‘‘(d) REPORTING REQUIREMENTS.—When the au18 thority granted by subsection (a) is used to hire an ad19 junct professor at the Academy, the Administrator shall 

20 notify the Committee on Armed Services of the House of 

21 Representatives and the Committee on Commerce, 

22 Science, and Transportation of the Senate, including the 

23 need for and the term of employment of the adjunct pro24 fessor.’’. 
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1 SEC. 3504. MARITIME LOAN GUARANTEE PROGRAM. 

2 The Congress finds that— 

3 (1) it is in the national security interest of the 

4 United States to foster commercial shipbuilding in 

5 the United States; 

6 (2) the maritime loan guarantee program au7 thorized by chapter 537 or title 46, United States 

8 Code, has a long and successful history of facili9 tating construction of commercial vessels in domestic 

10 shipyards; 

11 (3) the Maritime Loan Guarantee Program 

12 strengthens our Nation’s industrial base allowing do13 mestic shipyards and their allied service and supply 

14 industries to more effectively produce commercial 

15 vessels that enhance the commercial sealift capa16 bility of the Department of Defense; and 

17 (4) a revitalized and effective Maritime Loan 

18 Guarantee Program would result in construction of 

19 a more modern and more numerous fleet of commer20 cial vessels manned by United States citizens, there21 by providing a pool of trained United States citizen 

22 mariners available to assist the Department of De23 fense in times of war or national emergency. 
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1 SEC. 3505. DEFENSE MEASURES AGAINST UNAUTHORIZED 

2 SEIZURES OF MARITIME SECURITY FLEET 

3 VESSELS. 

4 Section 53107(b) of title 46, United States Code, is 

5 amended by adding at the end the following new para6 graph: 

7 ‘‘(3) DEFENSE MEASURES AGAINST UNAUTHOR8 IZED SEIZURES.—(A) The Emergency Preparedness 

9 Agreement for any operating agreement that first 

10 takes effect or is renewed after the date of enact11 ment of the National Defense Authorization Act for 

12 Fiscal Year 2010 shall require that any vessel oper13 ating under the agreement in hazardous carriage 

14 shall be equipped with appropriate non-lethal de15 fense measures to protect the vessel, crew, and cargo 

16 from unauthorized seizure at sea. 

17 ‘‘(B) In this paragraph the term ‘hazardous 

18 carriage’ means the carriage of cargo for the De19 partment of Defense in an area that is designated 

20 by the Coast Guard or the International Maritime 

21 Bureau of the International Chamber Of Commerce 

22 as an area of high risk of piracy.’’. 

23 SEC. 3506. DEFENSE OF VESSELS AND CARGOS AGAINST PI24 RACY. 

25 (a) FINDINGS.—Congress finds the following: 
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1 (1) Protecting cargoes owned by the United 

2 States Government and transported on United 

3 States-flag vessels through an area designated by 

4 the Coast Guard or the International Maritime Bu5 reau of the International Chamber of Commerce as 

6 an area of high risk of piracy is in our national in7 terest. 

8 (2) Protecting United States-citizen mariners 

9 employed on United States-flag vessels transiting an 

10 area designated by the Coast Guard or the Inter11 national Maritime Bureau of the international 

12 Chamber of Commerce as an area of high risk of pi13 racy is in our national interest. 

14 (3) Weapons and supplies that may be used to 

15 support military operations should not fall into the 

16 hands of pirates. 

17 (b) EMBARKATION OF MILITARY PERSONNEL.—The 

18 Secretary of Defense shall embark military personnel on 

19 board a United States-flag vessel carrying Government20 impelled cargoes if the vessel is— 

21 (1) operating in an area designated by the 

22 Coast Guard or the International Maritime Bureau 

23 of the International Chamber of Commerce as an 

24 area of high risk of piracy; and 
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1 (2) determined by the Coast Guard to be at 

2 risk of being boarded by pirates. 

3 (c) LIMITATION ON APPLICATION.—This section shall 

4 not apply with respect to an area referred to in subsection 

5 (b)(1) on the earlier of— 

6 (1) September 30, 2011; or 

7 (2) the date on which the Secretary of Defense 

8 notifies the Congress that the Secretary believes that 

9 there is not a credible threat to United States-flag 

10 vessels carrying Government-impelled cargoes oper11 ating in such area. 

12 SEC. 3507. TECHNICAL CORRECTIONS TO STATE MARITIME 

13 ACADEMIES STUDENT INCENTIVE PROGRAM. 

14 (a) INSTALLMENT PAYMENTS.—Section 51509(b) of 

15 title 46, United States Code, is amended— 

16 (1) by striking ‘‘and be paid before the start of 

17 each academic year, as prescribed by the Secretary,’’ 

18 and inserting ‘‘and be paid in such installments as 

19 the Secretary shall determine’’; 

20 (2) by striking ‘‘academy.’’ and inserting ‘‘acad21 emy, as prescribed by the Secretary.’’. 

22 (b) REPEAL OF REDUNDANT SECTION.—Section 177 

23 of division I of Public Law 111–8 (123 Stat. 945; relating 

24 to amendments previously enacted by section 3503 of divi-
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1 sion C of Public Law 110–417 (122 Stat. 4762)) is re2 pealed and shall have no force or effect. 

3 SEC. 3508. LIMITATION ON DISPOSAL OF INTEREST IN CER4 TAIN VESSELS. 

5 (a) LIMITATION.—If the United States acquires any 

6 financial interest in a covered vessel as a consequence of 

7 a default on a loan guaranteed for the vessel under chap8 ter 537 of title 46, United States Code, no action to dis9 pose of the financial interest may be taken by the Mari10 time Administrator until 180 days after the date the Mari11 time Administrator notifies the Secretary of the Navy that 

12 the United States has such financial interest. 

13 (b) COVERED VESSEL DEFINED.—In this section the 

14 term ‘‘covered vessel’’ means each of— 

15 (1) the vessel HUAKAI (United States official 

16 number 1215902); and 

17 (2) the vessel ALAKAI (United States official 

18 number 1182234). 

19 DIVISION D—DISABLED MILI20 TARY RETIREE RELIEF ACT 

21 OF 2009 

22 SEC. 1. SHORT TITLE. 

23 This division may be cited as the ‘‘Disabled Military 

24 Retiree Relief Act of 2009’’. 
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1 SEC. 2. TABLE OF CONTENTS. 

2 The table of contents for this division is as follows: 

DIVISION D—DISABLED MILITARY RETIREE RELIEF ACT OF 2009 

Sec. 1. Short title. 

Sec. 2. Table of contents. 

TITLE I—COMPENSATION AND BENEFITS FOR MEMBERS OF THE 

ARMED FORCES AND MILITARY RETIREES 

Subtitle A—Bonuses and Special and Incentive Pays 

Sec. 101. One-year extension of certain bonus and special pay authorities for 

reserve forces. 

Sec. 102. One-year extension of certain bonus and special pay authorities for 

health care professionals. 

Sec. 103. One-year extension of special pay and bonus authorities for nuclear 

officers. 

Sec. 104. One-year extension of authorities relating to title 37 consolidated special pay, incentive pay, and bonus authorities. 

Sec. 105. One-year extension of authorities relating to payment of other title 

37 bonuses and special pay. 

Sec. 106. One-year extension of authorities relating to payment of referral bonuses. 

Sec. 107. Technical corrections and conforming amendments to reconcile conflicting amendments regarding continued payment of bonuses 

and similar benefits for certain members. 

Subtitle B—Retired Pay Benefits 

Sec. 111. Recomputation of retired pay and adjustment of retired grade of Reserve retirees to reflect service after retirement. 

Sec. 112. Election to receive retired pay for non-regular service upon retirement 

for service in an active reserve status performed after attaining 

eligibility for regular retirement. 

Subtitle C—Concurrent Receipt of Military Retired Pay and Veterans’ 

Disability Compensation 

Sec. 121. One-year expansion of eligibility for concurrent receipt of military retired pay and veterans’ disability compensation to include all 

chapter 61 disability retirees regardless of disability rating percentage or years of service. 

TITLE II—FEDERAL EMPLOYEE BENEFITS 

Subtitle A—General Provisions 

Sec. 201. Credit for unused sick leave. 

Sec. 202. Limited expansion of the class of individuals eligible to receive an actuarially reduced annuity under the civil service retirement system. 

Sec. 203. Computation of certain annuities based on part-time service. 

Sec. 204. Authority to deposit refunds under FERS. 

Sec. 205. Retirement credit for service of certain employees transferred from 

District of Columbia service to Federal service. 
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Subtitle B—Non-Foreign Area Retirement Equity Assurance 

Sec. 211. Short title. 

Sec. 212. Extension of Locality Pay. 

Sec. 213. Adjustment of special rates. 

Sec. 214. Transition schedule for locality-based comparability payments. 

Sec. 215. Savings provision. 

Sec. 216. Application to other eligible employees. 

Sec. 217. Election of additional basic pay for annuity computation by employees. 

Sec. 218. Regulations. 

Sec. 219. Effective dates. 

TITLE III—DEEPWATER OIL AND GAS RESEARCH AND 

DEVELOPMENT FUNDING SOURCE REPEAL 

Sec. 301. Repeal. 

1 TITLE I—COMPENSATION AND 

2 BENEFITS FOR MEMBERS OF 

3 THE ARMED FORCES AND 

4 MILITARY RETIREES 

5 Subtitle A—Bonuses and Special 

6 and Incentive Pays 

7 SEC. 101. ONE-YEAR EXTENSION OF CERTAIN BONUS AND 

8 SPECIAL PAY AUTHORITIES FOR RESERVE 

9 FORCES. 

10 The following sections of title 37, United States 

11 Code, are amended by striking ‘‘December 31, 2009’’ and 

12 inserting ‘‘December 31, 2010’’: 

13 (1) Section 308b(g), relating to Selected Re14 serve reenlistment bonus. 

15 (2) Section 308c(i), relating to Selected Reserve 

16 affiliation or enlistment bonus. 
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1 (3) Section 308d(c), relating to special pay for 

2 enlisted members assigned to certain high-priority 

3 units. 

4 (4) Section 308g(f)(2), relating to Ready Re5 serve enlistment bonus for persons without prior 

6 service. 

7 (5) Section 308h(e), relating to Ready Reserve 

8 enlistment and reenlistment bonus for persons with 

9 prior service. 

10 (6) Section 308i(f), relating to Selected Reserve 

11 enlistment and reenlistment bonus for persons with 

12 prior service. 

13 (7) Section 910(g), relating to income replace14 ment payments for reserve component members ex15 periencing extended and frequent mobilization for 

16 active duty service. 

17 SEC. 102. ONE-YEAR EXTENSION OF CERTAIN BONUS AND 

18 SPECIAL PAY AUTHORITIES FOR HEALTH 

19 CARE PROFESSIONALS. 

20 (a) TITLE 10 AUTHORITIES.—The following sections 

21 of title 10, United States Code, are amended by striking 

22 ‘‘December 31, 2009’’ and inserting ‘‘December 31, 

23 2010’’: 

24 (1) Section 2130a(a)(1), relating to nurse offi25 cer candidate accession program. 
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1 (2) Section 16302(d), relating to repayment of 

2 education loans for certain health professionals who 

3 serve in the Selected Reserve. 

4 (b) TITLE 37 AUTHORITIES.—The following sections 

5 of title 37, United States Code, are amended by striking 

6 ‘‘December 31, 2009’’ and inserting ‘‘December 31, 

7 2010’’: 

8 (1) Section 302c-1(f), relating to accession and 

9 retention bonuses for psychologists. 

10 (2) Section 302d(a)(1), relating to accession 

11 bonus for registered nurses. 

12 (3) Section 302e(a)(1), relating to incentive 

13 special pay for nurse anesthetists. 

14 (4) Section 302g(e), relating to special pay for 

15 Selected Reserve health professionals in critically 

16 short wartime specialties. 

17 (5) Section 302h(a)(1), relating to accession 

18 bonus for dental officers. 

19 (6) Section 302j(a), relating to accession bonus 

20 for pharmacy officers. 

21 (7) Section 302k(f), relating to accession bonus 

22 for medical officers in critically short wartime spe23 cialties. 
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1 (8) Section 302l(g), relating to accession bonus 

2 for dental specialist officers in critically short war3 time specialties. 

4 SEC. 103. ONE-YEAR EXTENSION OF SPECIAL PAY AND 

5 BONUS AUTHORITIES FOR NUCLEAR OFFI6 CERS. 

7 The following sections of title 37, United States 

8 Code, are amended by striking ‘‘December 31, 2009’’ and 

9 inserting ‘‘December 31, 2010’’: 

10 (1) Section 312(f), relating to special pay for 

11 nuclear-qualified officers extending period of active 

12 service. 

13 (2) Section 312b(c), relating to nuclear career 

14 accession bonus. 

15 (3) Section 312c(d), relating to nuclear career 

16 annual incentive bonus. 

17 SEC. 104. ONE-YEAR EXTENSION OF AUTHORITIES RELAT18 ING TO TITLE 37 CONSOLIDATED SPECIAL 

19 PAY, INCENTIVE PAY, AND BONUS AUTHORI20 TIES. 

21 The following sections of title 37, United States 

22 Code, are amended by striking ‘‘December 31, 2009’’ and 

23 inserting ‘‘December 31, 2010’’: 

24 (1) Section 331(h), relating to general bonus 

25 authority for enlisted members. 
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1 (2) Section 332(g), relating to general bonus 

2 authority for officers. 

3 (3) Section 333(i), relating to special bonus and 

4 incentive pay authorities for nuclear officers. 

5 (4) Section 334(i), relating to special aviation 

6 incentive pay and bonus authorities for officers. 

7 (5) Section 335(k), relating to special bonus 

8 and incentive pay authorities for officers in health 

9 professions. 

10 (6) Section 351(i), relating to hazardous duty 

11 pay. 

12 (7) Section 352(g), relating to assignment pay 

13 or special duty pay. 

14 (8) Section 353(j), relating to skill incentive 

15 pay or proficiency bonus. 

16 (9) Section 355(i), relating to retention incen17 tives for members qualified in critical military skills 

18 or assigned to high priority units. 

19 SEC. 105. ONE-YEAR EXTENSION OF AUTHORITIES RELAT20 ING TO PAYMENT OF OTHER TITLE 37 BO21 NUSES AND SPECIAL PAY. 

22 The following sections of chapter 5 of title 37, United 

23 States Code, are amended by striking ‘‘December 31, 

24 2009’’ and inserting ‘‘December 31, 2010’’: 
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1 (1) Section 301b(a), relating to aviation officer 

2 retention bonus. 

3 (2) Section 307a(g), relating to assignment in4 centive pay. 

5 (3) Section 308(g), relating to reenlistment 

6 bonus for active members. 

7 (4) Section 309(e), relating to enlistment 

8 bonus. 

9 (5) Section 324(g), relating to accession bonus 

10 for new officers in critical skills. 

11 (6) Section 326(g), relating to incentive bonus 

12 for conversion to military occupational specialty to 

13 ease personnel shortage. 

14 (7) Section 327(h), relating to incentive bonus 

15 for transfer between armed forces. 

16 (8) Section 330(f), relating to accession bonus 

17 for officer candidates. 

18 SEC. 106. ONE-YEAR EXTENSION OF AUTHORITIES RELAT19 ING TO PAYMENT OF REFERRAL BONUSES. 

20 The following sections of title 10, United States 

21 Code, are amended by striking ‘‘December 31, 2009’’ and 

22 inserting ‘‘December 31, 2010’’: 

23 (1) Section 1030(i), relating to health profes24 sions referral bonus. 
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1 (2) Section 3252(h), relating to Army referral 

2 bonus. 

3 SEC. 107. TECHNICAL CORRECTIONS AND CONFORMING 

4 AMENDMENTS TO RECONCILE CONFLICTING 

5 AMENDMENTS REGARDING CONTINUED PAY6 MENT OF BONUSES AND SIMILAR BENEFITS 

7 FOR CERTAIN MEMBERS. 

8 (a) TECHNICAL CORRECTIONS TO RECONCILE CON9 FLICTING AMENDMENTS.—Section 303a(e) of title 37, 

10 United States Code, is amended— 

11 (1) in paragraph (1)(A), by striking ‘‘paragraph 

12 (2)’’ and inserting ‘‘paragraphs (2) and (3)’’; 

13 (2) by redesignating paragraphs (3) and (4) as 

14 paragraphs (4) and (5), respectively; 

15 (3) in paragraph (5), as so redesignated, by 

16 striking ‘‘paragraph (3)(B)’’ and inserting ‘‘para17 graph (4)(B)’’; 

18 (4) by redesignating paragraph (2), as added by 

19 section 651(b) of the Duncan Hunter National De20 fense Authorization Act for Fiscal Year 2009 (Pub21 lic Law 110–417; 122 Stat. 4495), as paragraph 

22 (3); and 

23 (5) by redesignating the second subparagraph 

24 (B) of paragraph (1), originally added as paragraph 

25 (2) by section 2(a)(3) of the Hubbard Act (Public 
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1 Law 110–317; 122 Stat. 3526) and erroneously des2 ignated as subparagraph (B) by section 651(a)(3) of 

3 the Duncan Hunter National Defense Authorization 

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

5 Stat. 4495), as paragraph (2). 

6 (b) INCLUSION OF HUBBARD ACT AMENDMENT IN

7 CONSOLIDATED SPECIAL PAY AND BONUS AUTHORI8 TIES.—Section 373(b) of such title is amended— 

9 (1) in paragraph (2), by striking the paragraph 

10 heading and inserting ‘‘SPECIAL RULE FOR DE11 CEASED AND DISABLED MEMBERS.—’’; and 

12 (2) by adding at the end the following new 

13 paragraph: 

14 ‘‘(3) SPECIAL RULE FOR MEMBERS WHO RE15 CEIVE SOLE SURVIVORSHIP DISCHARGE.—(A) If a 

16 member of the uniformed services receives a sole 

17 survivorship discharge, the Secretary concerned— 

18 ‘‘(i) shall not require repayment by the 

19 member of the unearned portion of any bonus, 

20 incentive pay, or similar benefit previously paid 

21 to the member; and 

22 ‘‘(ii) may grant an exception to the re23 quirement to terminate the payment of any un24 paid amounts of a bonus, incentive pay, or simi25 lar benefit if the Secretary concerned deter-
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1 mines that termination of the payment of the 

2 unpaid amounts would be contrary to a per3 sonnel policy or management objective, would 

4 be against equity and good conscience, or would 

5 be contrary to the best interests of the United 

6 States. 

7 ‘‘(B) In this paragraph, the term ‘sole survivor8 ship discharge’ means the separation of a member 

9 from the Armed Forces, at the request of the mem10 ber, pursuant to the Department of Defense policy 

11 permitting the early separation of a member who is 

12 the only surviving child in a family in which— 

13 ‘‘(i) the father or mother or one or more 

14 siblings— 

15 ‘‘(I) served in the Armed Forces; and 

16 ‘‘(II) was killed, died as a result of 

17 wounds, accident, or disease, is in a cap18 tured or missing in action status, or is per19 manently 100 percent disabled or hospital20 ized on a continuing basis (and is not em21 ployed gainfully because of the disability or 

22 hospitalization); and 

23 ‘‘(ii) the death, status, or disability did not 

24 result from the intentional misconduct or willful 

25 neglect of the parent or sibling and was not in-
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1 curred during a period of unauthorized ab2 sence.’’. 

3 Subtitle B—Retired Pay Benefits 

4 SEC. 111. RECOMPUTATION OF RETIRED PAY AND ADJUST5 MENT OF RETIRED GRADE OF RESERVE RE6 TIREES TO REFLECT SERVICE AFTER RE7 TIREMENT. 

8 (a) RECOMPUTATION OF RETIRED PAY.—Section 

9 12739 of title 10, United States Code, is amended by add10 ing at the end the following new subsection: 

11 ‘‘(e)(1) If a member of the Retired Reserve is recalled 

12 to an active status in the Selected Reserve of the Ready 

13 Reserve under section 10145(d) of this title and completes 

14 not less than two years of service in such active status, 

15 the member is entitled to the recomputation under this 

16 section of the retired pay of the member. 

17 ‘‘(2) The Secretary concerned may reduce the two18 year service requirement specified in paragraph (1) in the 

19 case of a member who— 

20 ‘‘(A) is recalled to serve in a position of adju21 tant general required under section 314 of title 32 

22 or in a position of assistant adjutant general subor23 dinate to such a position of adjutant general; 

24 ‘‘(B) completes at least 6 months of service in 

25 such position; and 
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1 ‘‘(C) fails to complete the minimum two years 

2 of service solely because the appointment of the 

3 member to such position is terminated or vacated as 

4 described in section 324(b) of title 32.’’. 

5 (b) ADJUSTMENT OF RETIRED GRADE.—Section 

6 12771 of such title is amended— 

7 (1) by striking ‘‘Unless’’ and inserting ‘‘(a) 

8 GRADE ON TRANSFER.—Unless’’; and 

9 (2) by adding at the end the following new sub10 section: 

11 ‘‘(b) EFFECT OF SUBSEQUENT RECALL TO ACTIVE

12 STATUS.—(1) If a member of the Retired Reserve who 

13 is a commissioned officer is recalled to an active status 

14 in the Selected Reserve of the Ready Reserve under sec15 tion 10145(d) of this title and completes not less than two 

16 years of service in such active status, the member is enti17 tled to an adjustment in the retired grade of the member 

18 in the manner provided in section 1370(d) of this title. 

19 ‘‘(2) The Secretary concerned may reduce the two20 year service requirement specified in paragraph (1) in the 

21 case of a member who— 

22 ‘‘(A) is recalled to serve in a position of adju23 tant general required under section 314 of title 32 

24 or in a position of assistant adjutant general subor25 dinate to such a position of adjutant general; 
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1 ‘‘(B) completes at least 6 months of service in 

2 such position; and 

3 ‘‘(C) fails to complete the minimum two years 

4 of service solely because the appointment of the 

5 member to such position is terminated or vacated as 

6 described in section 324(b) of title 32.’’. 

7 (c) RETROACTIVE APPLICABILITY.—The amend8 ments made by this section shall take effect as of January 

9 1, 2008. 

10 SEC. 112. ELECTION TO RECEIVE RETIRED PAY FOR NON11 REGULAR SERVICE UPON RETIREMENT FOR 

12 SERVICE IN AN ACTIVE RESERVE STATUS 

13 PERFORMED AFTER ATTAINING ELIGIBILITY 

14 FOR REGULAR RETIREMENT. 

15 (a) ELECTION AUTHORITY; REQUIREMENTS.—Sub16 section (a) of section 12741 of title 10, United States 

17 Code, is amended to read as follows: 

18 ‘‘(a) AUTHORITY TO ELECT TO RECEIVE RESERVE

19 RETIRED PAY.—(1) Notwithstanding the requirement in 

20 paragraph (4) of section 12731(a) of this title that a per21 son may not receive retired pay under this chapter when 

22 the person is entitled, under any other provision of law, 

23 to retired pay or retainer pay, a person may elect to re24 ceive retired pay under this chapter, instead of receiving 
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1 retired or retainer pay under chapter 65, 367, 571, or 867 

2 of this title, if the person— 

3 ‘‘(A) satisfies the requirements specified in 

4 paragraphs (1) and (2) of such section for entitle5 ment to retired pay under this chapter; 

6 ‘‘(B) served in an active status in the Selected 

7 Reserve of the Ready Reserve after becoming eligible 

8 for retirement under chapter 65, 367, 571, or 867 

9 of this title (without regard to whether the person 

10 actually retired or received retired or retainer pay 

11 under one of those chapters); and 

12 ‘‘(C) completed not less than two years of satis13 factory service (as determined by the Secretary con14 cerned) in such active status (excluding any period 

15 of active service). 

16 ‘‘(2) The Secretary concerned may reduce the min17 imum two-year service requirement specified in paragraph 

18 (1)(C) in the case of a person who— 

19 ‘‘(A) completed at least 6 months of service in 

20 a position of adjutant general required under section 

21 314 of title 32 or in a position of assistant adjutant 

22 general subordinate to such a position of adjutant 

23 general; and 

24 ‘‘(B) failed to complete the minimum years of 

25 service solely because the appointment of the person 
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1 to such position was terminated or vacated as de2 scribed in section 324(b) of title 32.’’. 

3 (b) ACTIONS TO EFFECTUATE ELECTION.—Sub4 section (b) of such section is amended by striking para5 graph (1) and inserting the following new paragraph: 

6 ‘‘(1) terminate the eligibility of the person to 

7 retire under chapter 65, 367, 571, or 867 of this 

8 title, if the person is not already retired under one 

9 of those chapters, and terminate entitlement of the 

10 person to retired or retainer pay under one of those 

11 chapters, if the person was already receiving retired 

12 or retainer pay under one of those chapters; and’’. 

13 (c) CONFORMING AMENDMENT TO REFLECT NEW

14 VARIABLE AGE REQUIREMENT FOR RETIREMENT.—Sub15 section (d) of such section is amended— 

16 (1) in paragraph (1), by striking ‘‘attains 60 

17 years of age’’ and inserting ‘‘attains the eligibility 

18 age applicable to the person under section 12731(f) 

19 of this title’’; and 

20 (2) in paragraph (2)(A), by striking ‘‘attains 60 

21 years of age’’ and inserting ‘‘attains the eligibility 

22 age applicable to the person under such section’’. 

23 (d) CLERICAL AMENDMENTS.— 
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1 (1) SECTION HEADING.—The heading for sec2 tion 12741 of such title is amended to read as fol3 lows: 

4 ‘‘§ 12741. Retirement for service in an active status 

5 performed in the Selected Reserve of the 

6 Ready Reserve after eligibility for reg7 ular retirement’’. 

8 (2) TABLE OF SECTIONS.—The table of sections 

9 at the beginning of chapter 1223 of such title is 

10 amended by striking the item relating to section 

11 12741 and inserting the following new item: 

‘‘12741. Retirement for service in an active status performed in the Selected Reserve of the Ready Reserve after eligibility for regular retirement.’’. 

12 (e) RETROACTIVE APPLICABILITY.—The amend13 ments made by this section shall take effect as of January 

14 1, 2008. 
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1 Subtitle C—Concurrent Receipt of 

2 Military Retired Pay and Vet3 erans’ Disability Compensation 

4 SEC. 121. ONE-YEAR EXPANSION OF ELIGIBILITY FOR CON5 CURRENT RECEIPT OF MILITARY RETIRED 

6 PAY AND VETERANS’ DISABILITY COMPENSA7 TION TO INCLUDE ALL CHAPTER 61 DIS8 ABILITY RETIREES REGARDLESS OF DIS9 ABILITY RATING PERCENTAGE OR YEARS OF 

10 SERVICE. 

11 (a) PHASED EXPANSION CONCURRENT RECEIPT.— 

12 Subsection (a) of section 1414 of title 10, United States 

13 Code, is amended to read as follows: 

14 ‘‘(a) PAYMENT OF BOTH RETIRED PAY AND DIS15 ABILITY COMPENSATION.— 

16 ‘‘(1) PAYMENT OF BOTH REQUIRED.— 

17 ‘‘(A) IN GENERAL.—Subject to subsection 

18 (b), a member or former member of the uni19 formed services who is entitled for any month 

20 to retired pay and who is also entitled for that 

21 month to veterans’ disability compensation for a 

22 qualifying service-connected disability (in this 

23 section referred to as a ‘qualified retiree’) is en24 titled to be paid both for that month without 

25 regard to sections 5304 and 5305 of title 38. 
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1 ‘‘(B) APPLICABILITY OF FULL CONCUR2 RENT RECEIPT PHASE-IN REQUIREMENT.—Dur3 ing the period beginning on January 1, 2004, 

4 and ending on December 31, 2013, payment of 

5 retired pay to a qualified retiree is subject to 

6 subsection (c). 

7 ‘‘(C) PHASE-IN EXCEPTION FOR 100 PER8 CENT DISABLED RETIREES.—The payment of 

9 retired pay is subject to subsection (c) only dur10 ing the period beginning on January 1, 2004, 

11 and ending on December 31, 2004, in the case 

12 of the following qualified retirees: 

13 ‘‘(i) A qualified retiree receiving vet14 erans’ disability compensation for a dis15 ability rated as 100 percent. 

16 ‘‘(ii) A qualified retiree receiving vet17 erans’ disability compensation at the rate 

18 payable for a 100 percent disability by rea19 son of a determination of individual 

20 unemployability. 

21 ‘‘(D) TEMPORARY PHASE-IN EXCEPTION

22 FOR CERTAIN CHAPTER 61 DISABILITY RETIR23 EES; TERMINATION.—Subject to subsection (b), 

24 during the period beginning on January 1, 

25 2010, and ending on September 30, 2010, sub-
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1 section (c) shall not apply to a qualified retiree 

2 described in subparagraph (B) or (C) of para3 graph (2). 

4 ‘‘(2) QUALIFYING SERVICE-CONNECTED DIS5 ABILITY DEFINED.—In this section, the term ‘quali6 fying service-connected disability’ means the fol7 lowing: 

8 ‘‘(A) In the case of a member or former 

9 member receiving retired pay under any provi10 sion of law other than chapter 61 of this title, 

11 or under chapter 61 with 20 years or more of 

12 service otherwise creditable under section 1405 

13 or computed under section 12732 of this title, 

14 a service-connected disability or combination of 

15 service-connected disabilities that is rated as 

16 not less than 50 percent disabling by the Sec17 retary of Veterans Affairs. 

18 ‘‘(B) In the case of a member or former 

19 member receiving retired pay under chapter 61 

20 of this title with less than 20 years of service 

21 otherwise creditable under section 1405 or com22 puted under section 12732 of this title, a serv23 ice-connected disability or combination of serv24 ice-connected disabilities that is rated by the 

25 Secretary of Veterans Affairs at the disabling 
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1 level specified in one of the following clauses 

2 (and, subject to paragraph (3), is effective on 

3 or after the date specified in the applicable 

4 clause): 

5 ‘‘(i) January 1, 2010, rated 100 per6 cent, or a rate payable at 100 percent by 

7 reason of individual unemployability or 

8 rated 90 percent. 

9 ‘‘(ii) January 1, 2011, rated 80 per10 cent or 70 percent. 

11 ‘‘(iii) January 1, 2012, rated 60 per12 cent or 50 percent. 

13 ‘‘(C) In the case of a member or former 

14 member receiving retired pay under chapter 61 

15 regardless of years of service, a service-con16 nected disability or combination of service-con17 nected disabilities that is rated by the Secretary 

18 of Veterans Affairs at the disabling level speci19 fied in one of the following clauses (and, subject 

20 to paragraph (3), is effective on or after the 

21 date specified in the applicable clause): 

22 ‘‘(i) January 1, 2013, rated 40 per23 cent or 30 percent. 

24 ‘‘(ii) January 1, 2014, any rating. 
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1 ‘‘(3) LIMITED DURATION.—Notwithstanding 

2 the effective date specified in each clause of subpara3 graphs (B) and (C) of paragraph (2), the clause 

4 shall apply only if the termination date specified in 

5 subparagraph (D) of paragraph (1) occurs during or 

6 after the calendar year specified in the clause, except 

7 that, eligibility may not extend beyond the termi8 nation date.’’. 

9 (b) CONFORMING AMENDMENT TO SPECIAL RULES

10 FOR CHAPTER 61 DISABILITY RETIREES.—Subsection (b) 

11 of such section is amended to read as follows: 

12 ‘‘(b) SPECIAL RULES FOR CHAPTER 61 DISABILITY

13 RETIREES WHEN ELIGIBILITY HAS BEEN ESTABLISHED

14 FOR SUCH RETIREES.— 

15 ‘‘(1) GENERAL REDUCTION RULE.—The retired 

16 pay of a member retired under chapter 61 of this 

17 title is subject to reduction under sections 5304 and 

18 5305 of title 38, but only to the extent that the 

19 amount of the members retired pay under chapter 

20 61 of this title exceeds the amount of retired pay to 

21 which the member would have been entitled under 

22 any other provision of law based upon the member’s 

23 service in the uniformed services if the member had 

24 not been retired under chapter 61 of this title. 
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1 ‘‘(2) RETIREES WITH FEWER THAN 20 YEARS

2 OF SERVICE.— 

3 ‘‘(A) BEFORE TERMINATION DATE.—If a 

4 member with a qualifying service-connected dis5 ability (as defined in subsection (a)(2)) is re6 tired under chapter 61 of this title with fewer 

7 than 20 years of creditable service otherwise 

8 creditable under section 1405 or computed 

9 under section 12732 of this title, and the termi10 nation date specified in subsection (a)(1)(D) 

11 has not occurred, the retired pay of the member 

12 is subject to reduction under sections 5304 and 

13 5305 of title 38, but only to the extent that the 

14 amount of the member’s retired pay under 

15 chapter 61 of this title exceeds the amount 

equal to 21 16 ⁄2 percent of the member’s years of 

17 creditable service multiplied by the member’s 

18 retired pay base under section 1406(b)(1) or 

19 1407 of this title, whichever is applicable to the 

20 member. 

21 ‘‘(B) AFTER TERMINATION DATE.—Sub22 section (a) does not apply to a member retired 

23 under chapter 61 of this title with less than 20 

24 years of service otherwise creditable under sec25 tion 1405 of this title, or with less than 20 
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1 years of service computed under section 12732 

2 of this title, at the time of the retirement of the 

3 member if the termination date in paragraph 

4 (1)(D) of such subsection has occurred.’’. 

5 (c) CONFORMING AMENDMENT TO FULL CONCUR6 RENT RECEIPT PHASE-IN.—Subsection (c) of such section 

7 is amended by striking ‘‘the second sentence of’’. 

8 (d) CLERICAL AMENDMENTS.— 

9 (1) SECTION HEADING.—The heading of such 

10 section is amended to read as follows: 

11 ‘‘§ 1414. Concurrent receipt of retired pay and vet12 erans’ disability compensation’’. 

13 (2) TABLE OF SECTIONS.—The table of sections 

14 at the beginning of chapter 71 of such title is 

15 amended by striking the item related to section 1414 

16 and inserting the following new item: 

‘‘1414. Concurrent receipt of retired pay and veterans’ disability compensation.’’. 

17 (e) EFFECTIVE DATE.—The amendments made by 

18 this section shall take effect on January 1, 2010. 

19 TITLE II—FEDERAL EMPLOYEE 

20 BENEFITS 

21 Subtitle A—General Provisions 

22 SEC. 201. CREDIT FOR UNUSED SICK LEAVE. 

23 (a) IN GENERAL.—Section 8415 of title 5, United 

24 States Code, is amended— 
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1 (1) by redesignating the second subsection (k) 

2 and subsection (l) as subsections (l) and (m), respec3 tively; and 

4 (2) in subsection (l) (as so redesignated by 

5 paragraph (1))— 

6 (A) by striking ‘‘(l) In computing’’ and in7 serting ‘‘(l)(1) In computing’’; and 

8 (B) by adding at the end the following: 

9 ‘‘(2) Except as provided in paragraph (1), in com10 puting an annuity under this subchapter, the total service 

11 of an employee who retires on an immediate annuity or 

12 who dies leaving a survivor or survivors entitled to annuity 

13 includes the days of unused sick leave to his credit under 

14 a formal leave system and for which days the employee 

15 has not received payment, except that these days will not 

16 be counted in determining average pay or annuity eligi17 bility under this subchapter. For purposes of this sub18 section, in the case of any such employee who is excepted 

19 from subchapter I of chapter 63 under section 6301(2)(x) 

20 through (xiii), the days of unused sick leave to his credit 

21 include any unused sick leave standing to his credit when 

22 he was excepted from such subchapter.’’. 

23 (b) EXCEPTION FROM DEPOSIT REQUIREMENT.— 

24 Section 8422(d)(2) of title 5, United States Code, is 
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1 amended by striking ‘‘section 8415(k)’’ and inserting 

2 ‘‘paragraph (1) or (2) of section 8415(l)’’. 

3 (c) EFFECTIVE DATE.—The amendments made by 

4 this section shall apply with respect to annuities computed 

5 based on separations occurring on or after the date of en6 actment of this Act. 

7 SEC. 202. LIMITED EXPANSION OF THE CLASS OF INDIVID8 UALS ELIGIBLE TO RECEIVE AN ACTUARI9 ALLY REDUCED ANNUITY UNDER THE CIVIL 

10 SERVICE RETIREMENT SYSTEM. 

11 (a) IN GENERAL.—Section 8334(d)(2)(A)(i) of title 

12 5, United States Code, is amended by striking ‘‘October 

13 1, 1990’’ each place it appears and inserting ‘‘March 1, 

14 1991’’. 

15 (b) APPLICABILITY.—The amendment made by sub16 section (a) shall be effective with respect to any annuity, 

17 entitlement to which is based on a separation from service 

18 occurring on or after the date of enactment of this Act. 

19 SEC. 203. COMPUTATION OF CERTAIN ANNUITIES BASED 

20 ON PART-TIME SERVICE. 

21 (a) IN GENERAL.—Section 8339(p) of title 5, United 

22 States Code, is amended by adding at the end the fol23 lowing: 

24 ‘‘(3) In the administration of paragraph (1)— 
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1 ‘‘(A) subparagraph (A) of such paragraph shall 

2 apply with respect to service performed before, on, 

3 or after April 7, 1986; and 

4 ‘‘(B) subparagraph (B) of such paragraph— 

5 ‘‘(i) shall apply with respect to that portion 

6 of any annuity which is attributable to service 

7 performed on or after April 7, 1986; and 

8 ‘‘(ii) shall not apply with respect to that 

9 portion of any annuity which is attributable to 

10 service performed before April 7, 1986.’’. 

11 (b) APPLICABILITY.—The amendment made by sub12 section (a) shall be effective with respect to any annuity, 

13 entitlement to which is based on a separation from service 

14 occurring on or after the date of enactment of this Act. 

15 SEC. 204. AUTHORITY TO DEPOSIT REFUNDS UNDER FERS. 

16 (a) DEPOSIT AUTHORITY.—Section 8422 of title 5, 

17 United States Code, is amended by adding at the end the 

18 following: 

19 ‘‘(i)(1) Each employee or Member who has received 

20 a refund of retirement deductions under this or any other 

21 retirement system established for employees of the Gov22 ernment covering service for which such employee or Mem23 ber may be allowed credit under this chapter may deposit 

24 the amount received, with interest. Credit may not be al-
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1 lowed for the service covered by the refund until the de2 posit is made. 

3 ‘‘(2) Interest under this subsection shall be computed 

4 in accordance with paragraphs (2) and (3) of section 

5 8334(e) and regulations prescribed by the Office. The op6 tion under the third sentence of section 8334(e)(2) to 

7 make a deposit in one or more installments shall apply 

8 to deposits under this subsection. 

9 ‘‘(3) For the purpose of survivor annuities, deposits 

10 authorized by this subsection may also be made by a sur11 vivor of an employee or Member.’’. 

12 (b) TECHNICAL AND CONFORMING AMENDMENTS.— 

13 (1) DEFINITIONAL AMENDMENT.—Section 

14 8401(19)(C) of title 5, United States Code, is 

15 amended by striking ‘‘8411(f);’’ and inserting 

16 ‘‘8411(f) or 8422(i);’’. 

17 (2) CREDITING OF DEPOSITS.—Section 8422(c) 

18 of title 5, United States Code, is amended by adding 

19 at the end the following: ‘‘Deposits made by an em20 ployee, Member, or survivor also shall be credited to 

21 the Fund.’’. 

22 (3) SECTION HEADING.—(A) The heading for 

23 section 8422 of title 5, United States Code, is 

24 amended to read as follows: 
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1 ‘‘§ 8422. Deductions from pay; contributions for other 

2 service; deposits’’. 

3 (B) The analysis for chapter 84 of title 5, 

4 United States Code, is amended by striking the item 

5 relating to section 8422 and inserting the following: 

‘‘8422. Deductions from pay; contributions for other service; deposits.’’. 

6 (4) RESTORATION OF ANNUITY RIGHTS.—The 

7 last sentence of section 8424(a) of title 5, United 

8 States Code, is amended by striking ‘‘based.’’ and 

9 inserting ‘‘based, until the employee or Member is 

10 reemployed in the service subject to this chapter.’’. 

11 SEC. 205. RETIREMENT CREDIT FOR SERVICE OF CERTAIN 

12 EMPLOYEES TRANSFERRED FROM DISTRICT 

13 OF COLUMBIA SERVICE TO FEDERAL SERV14 ICE. 

15 (a) RETIREMENT CREDIT.— 

16 (1) IN GENERAL.—Any individual who is treat17 ed as an employee of the Federal Government for 

18 purposes of chapter 83 or chapter 84 of title 5, 

19 United States Code, on or after the date of enact20 ment of this Act who performed qualifying District 

21 of Columbia service shall be entitled to have such 

22 service included in calculating the individual’s cred23 itable service under section 8332 or 8411 of title 5, 

24 United States Code, but only for purposes of the fol25 lowing provisions of such title: 
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1 (A) Sections 8333 and 8410 (relating to 

2 eligibility for annuity). 

3 (B) Sections 8336 (other than subsections 

4 (d), (h), and (p) thereof) and 8412 (relating to 

5 immediate retirement). 

6 (C) Sections 8338 and 8413 (relating to 

7 deferred retirement). 

8 (D) Sections 8336(d), 8336(h), 8336(p), 

9 and 8414 (relating to early retirement). 

10 (E) Section 8341 and subchapter IV of 

11 chapter 84 (relating to survivor annuities). 

12 (F) Section 8337 and subchapter V of 

13 chapter 84 (relating to disability benefits). 

14 (2) TREATMENT OF DETENTION OFFICER SERV15 ICE AS LAW ENFORCEMENT OFFICER SERVICE.—Any 

16 portion of an individual’s qualifying District of Co17 lumbia service which consisted of service as a deten18 tion officer under section 2604(2) of the District of 

19 Columbia Government Comprehensive Merit Per20 sonnel Act of 1978 (sec. 1–626.04(2), D.C. Official 

21 Code) shall be treated as service as a law enforce22 ment officer under sections 8331(20) or 8401(17) of 

23 title 5, United States Code, for purposes of applying 

24 paragraph (1) with respect to the individual. 
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1 (3) SERVICE NOT INCLUDED IN COMPUTING

2 AMOUNT OF ANY ANNUITY.—Qualifying District of 

3 Columbia service shall not be taken into account for 

4 purposes of computing the amount of any benefit 

5 payable out of the Civil Service Retirement and Dis6 ability Fund. 

7 (b) QUALIFYING DISTRICT OF COLUMBIA SERVICE

8 DEFINED.—In this section, ‘‘qualifying District of Colum9 bia service’’ means any of the following: 

10 (1) Service performed by an individual as a 

11 nonjudicial employee of the District of Columbia 

12 courts— 

13 (A) which was performed prior to the ef14 fective date of the amendments made by section 

15 11246(b) of the Balanced Budget Act of 1997; 

16 and 

17 (B) for which the individual did not ever 

18 receive credit under the provisions of sub19 chapter III of chapter 83 or chapter 84 of title 

20 5, United States Code (other than by virtue of 

21 section 8331(1)(iv) of such title). 

22 (2) Service performed by an individual as an 

23 employee of an entity of the District of Columbia 

24 government whose functions were transferred to the 

25 Pretrial Services, Parole, Adult Supervision, and Of-
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1 fender Supervision Trustee under section 11232 of 

2 the Balanced Budget Act of 1997— 

3 (A) which was performed prior to the ef4 fective date of the individual’s coverage as an 

5 employee of the Federal Government under sec6 tion 11232(f) of such Act; and 

7 (B) for which the individual did not ever 

8 receive credit under the provisions of sub9 chapter III of chapter 83 or chapter 84 of title 

10 5, United States Code (other than by virtue of 

11 section 8331(1)(iv) of such title). 

12 (3) Service performed by an individual as an 

13 employee of the District of Columbia Public De14 fender Service— 

15 (A) which was performed prior to the ef16 fective date of the amendments made by section 

17 7(e) of the District of Columbia Courts and 

18 Justice Technical Corrections Act of 1998; and 

19 (B) for which the individual did not ever 

20 receive credit under the provisions of sub21 chapter III of chapter 83 or chapter 84 of title 

22 5, United States Code (other than by virtue of 

23 section 8331(1)(iv) of such title). 

24 (4) In the case of an individual who was an em25 ployee of the District of Columbia Department of 
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1 Corrections who was separated from service as a re2 sult of the closing of the Lorton Correctional Com3 plex and who was appointed to a position with the 

4 Bureau of Prisons, the District of Columbia courts, 

5 the Pretrial Services, Parole, Adult Supervision, and 

6 Offender Supervision Trustee, the United States Pa7 role Commission, or the District of Columbia Public 

8 Defender Service, service performed by the indi9 vidual as an employee of the District of Columbia 

10 Department of Corrections— 

11 (A) which was performed prior to the ef12 fective date of the individual’s coverage as an 

13 employee of the Federal Government; and 

14 (B) for which the individual did not ever 

15 receive credit under the provisions of sub16 chapter III of chapter 83 or chapter 84 of title 

17 5, United States Code (other than by virtue of 

18 section 8331(1)(iv) of such title). 

19 (c) CERTIFICATION OF SERVICE.—The Office of Per20 sonnel Management shall accept the certification of the 

21 appropriate personnel official of the government of the 

22 District of Columbia or other independent employing enti23 ty concerning whether an individual performed qualifying 

24 District of Columbia service and the length of the period 

25 of such service the individual performed. 
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1 Subtitle B—Non-Foreign Area 

2 Retirement Equity Assurance 

3 SEC. 211. SHORT TITLE. 

4 This subtitle may be cited as the ‘‘Non-Foreign Area 

5 Retirement Equity Assurance Act of 2009’’ or the ‘‘Non6 Foreign AREA Act of 2009’’. 

7 SEC. 212. EXTENSION OF LOCALITY PAY. 

8 (a) LOCALITY-BASED COMPARABILITY PAYMENTS.— 

9 Section 5304 of title 5, United States Code, is amended— 

10 (1) in subsection (f)(1), by striking subpara11 graph (A) and inserting the following: 

12 ‘‘(A) each General Schedule position in the 

13 United States, as defined under section 

14 5921(4), and its territories and possessions, in15 cluding the Commonwealth of Puerto Rico and 

16 the Commonwealth of the Northern Mariana Is17 lands, shall be included within a pay locality;’’; 

18 (2) in subsection (g)— 

19 (A) in paragraph (2)— 

20 (i) in subparagraph (A), by striking 

21 ‘‘and’’ after the semicolon; 

22 (ii) in subparagraph (B) by striking 

23 the period and inserting ‘‘; and’’; and 

24 (iii) by adding after subparagraph (B) 

25 the following: 
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1 ‘‘(C) positions under subsection (h)(1)(C) 

2 not covered by appraisal systems certified under 

3 section 5382; and’’; and 

4 (B) by adding at the end the following: 

5 ‘‘(3) The applicable maximum under this sub6 section shall be level II of the Executive Schedule for 

7 positions under subsection (h)(1)(C) covered by ap8 praisal systems certified under section 5307(d).’’; 

9 and 

10 (3) in subsection (h)(1)— 

11 (A) in subparagraph (B) by striking ‘‘and’’ 

12 after the semicolon; 

13 (B) by redesignating subparagraph (C) as 

14 subparagraph (D); 

15 (C) by inserting after subparagraph (B) 

16 the following: 

17 ‘‘(C) a Senior Executive Service position 

18 under section 3132 or 3151 or a senior level po19 sition under section 5376 stationed within the 

20 United States, but outside the 48 contiguous 

21 States and the District of Columbia in which 

22 the incumbent was an individual who on the 

23 day before the date of enactment of the Non24 Foreign Area Retirement Equity Assurance Act 
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1 of 2009 was eligible to receive a cost-of-living 

2 allowance under section 5941; and’’; 

3 (D) in clause (iv) in the matter following 

4 subparagraph (D), by inserting ‘‘, except for 

5 members covered by subparagraph (C)’’ before 

6 the semicolon; and 

7 (E) in clause (v) in the matter following 

8 subparagraph (D), by inserting ‘‘, except for 

9 members covered by subparagraph (C)’’ before 

10 the semicolon. 

11 (b) ALLOWANCES BASED ON LIVING COSTS AND

12 CONDITIONS OF ENVIRONMENT.—Section 5941 of title 5, 

13 United States Code, is amended— 

14 (1) in subsection (a), by adding after the last 

15 sentence ‘‘Notwithstanding any preceding provision 

16 of this subsection, the cost-of-living allowance rate 

17 based on paragraph (1) shall be the cost-of-living al18 lowance rate in effect on the date of enactment of 

19 the Non-Foreign Area Retirement Equity Assurance 

20 Act of 2009, except as adjusted under subsection 

21 (c).’’; 

22 (2) by redesignating subsection (b) as sub23 section (d); and 

24 (3) by inserting after subsection (a) the fol25 lowing: 
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1 ‘‘(b) This section shall apply only to areas that are 

2 designated as cost-of-living allowance areas as in effect on 

3 December 31, 2009. 

4 ‘‘(c)(1) The cost-of-living allowance rate payable 

5 under this section shall be adjusted on the first day of 

6 the first applicable pay period beginning on or after— 

7 ‘‘(A) January 1, 2010; and 

8 ‘‘(B) January 1 of each calendar year in which 

9 a locality-based comparability adjustment takes ef10 fect under section 214 (2) and (3) of the Non-For11 eign Area Retirement Equity Assurance Act of 

12 2009. 

13 ‘‘(2)(A) In this paragraph, the term ‘applicable local14 ity-based comparability pay percentage’ means, with re15 spect to calendar year 2010 and each calendar year there16 after, the applicable percentage under section 214 (1), (2), 

17 or (3) of Non-Foreign Area Retirement Equity Assurance 

18 Act of 2009. 

19 ‘‘(B) Each adjusted cost-of-living allowance rate 

20 under paragraph (1) shall be computed by— 

21 ‘‘(i) subtracting 65 percent of the applicable lo22 cality-based comparability pay percentage from the 

23 cost-of-living allowance percentage rate in effect on 

24 December 31, 2009; and 
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1 ‘‘(ii) dividing the resulting percentage deter2 mined under clause (i) by the sum of— 

3 ‘‘(I) one; and 

4 ‘‘(II) the applicable locality-based com5 parability payment percentage expressed as a 

6 numeral. 

7 ‘‘(3) No allowance rate computed under paragraph 

8 (2) may be less than zero. 

9 ‘‘(4) Each allowance rate computed under paragraph 

10 (2) shall be paid as a percentage of basic pay (including 

11 any applicable locality-based comparability payment under 

12 section 5304 or similar provision of law and any applicable 

13 special rate of pay under section 5305 or similar provision 

14 of law).’’. 

15 SEC. 213. ADJUSTMENT OF SPECIAL RATES. 

16 (a) IN GENERAL.—Each special rate of pay estab17 lished under section 5305 of title 5, United States Code, 

18 and payable in an area designated as a cost-of-living allow19 ance area under section 5941(a) of that title, shall be ad20 justed, on the dates prescribed by section 214 of this sub21 title, in accordance with regulations prescribed by the Di22 rector of the Office of Personnel Management under sec23 tion 218 of this subtitle. 

24 (b) AGENCIES WITH STATUTORY AUTHORITY.— 
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1 (1) IN GENERAL.—Each special rate of pay es2 tablished under an authority described under para3 graph (2) and payable in a location designated as a 

4 cost-of-living allowance area under section 

5 5941(a)(1) of title 5, United States Code, shall be 

6 adjusted in accordance with regulations prescribed 

7 by the applicable head of the agency that are con8 sistent with the regulations issued by the Director of 

9 the Office of Personnel Management under sub10 section (a). 

11 (2) STATUTORY AUTHORITY.—The authority re12 ferred to under paragraph (1), is any statutory au13 thority that— 

14 (A) is similar to the authority exercised 

15 under section 5305 of title 5, United States 

16 Code; 

17 (B) is exercised by the head of an agency 

18 when the head of the agency determines it to be 

19 necessary in order to obtain or retain the serv20 ices of persons specified by statute; and 

21 (C) authorizes the head of the agency to 

22 increase the minimum, intermediate, or max23 imum rates of basic pay authorized under appli24 cable statutes and regulations. 
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1 (c) TEMPORARY ADJUSTMENT.—Regulations issued 

2 under subsection (a) or (b) may provide that statutory 

3 limitations on the amount of such special rates may be 

4 temporarily raised to a higher level during the transition 

5 period described in section 214 ending on the first day 

6 of the first pay period beginning on or after January 1, 

7 2012, at which time any special rate of pay in excess of 

8 the applicable limitation shall be converted to a retained 

9 rate under section 5363 of title 5, United States Code. 

10 SEC. 214. TRANSITION SCHEDULE FOR LOCALITY-BASED 

11 COMPARABILITY PAYMENTS. 

12 Notwithstanding any other provision of this subtitle 

13 or section 5304 or 5304a of title 5, United States Code, 

14 in implementing the amendments made by this subtitle, 

15 for each non-foreign area determined under section 

16 5941(b) of that title, the applicable rate for the locality17 based comparability adjustment that is used in the com18 putation required under section 5941(c) of that title shall 

19 be adjusted effective on the first day of the first pay period 

20 beginning on or after January 1— 

(1) in calendar year 2010, by using 1 21 ⁄3 of the 

22 locality pay percentage for the rest of United States 

23 locality pay area; 
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(2) in calendar year 2011, by using 2 1 ⁄3 of the 

2 otherwise applicable comparability payment approved 

3 by the President for each non-foreign area; and 

4 (3) in calendar year 2012 and each subsequent 

5 year, by using the full amount of the applicable com6 parability payment approved by the President for 

7 each non-foreign area. 

8 SEC. 215. SAVINGS PROVISION. 

9 (a) SENSE OF CONGRESS.—It is the sense of Con10 gress that— 

11 (1) the application of this subtitle to any em12 ployee should not result in a decrease in the take 

13 home pay of that employee; 

14 (2) in calendar year 2012 and each subsequent 

15 year, no employee shall receive less than the Rest of 

16 the U.S. locality pay rate; 

17 (3) concurrent with the surveys next conducted 

18 under the provisions of section 5304(d)(1)(A) of title 

19 5, United States Code, beginning after the date of 

20 the enactment of this Act, the Bureau of Labor Sta21 tistics should conduct separate surveys to determine 

22 the extent of any pay disparity (as defined by sec23 tion 5302 of that title) that may exist with respect 

24 to positions located in the State of Alaska, the State 

25 of Hawaii, and the United States territories, includ-
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1 ing American Samoa, Guam, Commonwealth of the 

2 Northern Mariana Islands, Commonwealth of Puerto 

3 Rico, and the United States Virgin Islands; 

4 (4) if the surveys under paragraph (3) indicate 

5 that the pay disparity determined for the State of 

6 Alaska, the State of Hawaii, or any 1 of the United 

7 States territories including American Samoa, Guam, 

8 Commonwealth of the Northern Mariana Islands, 

9 Commonwealth of Puerto Rico, and the United 

10 States Virgin Islands exceeds the pay disparity de11 termined for the locality which (for purposes of sec12 tion 5304 of that title) is commonly known as the 

13 ‘‘Rest of the United States’’, the President’s Pay 

14 Agent should take appropriate measures to provide 

15 that each such surveyed area be treated as a sepa16 rate pay locality for purposes of that section; and 

17 (5) the President’s Pay Agent will establish 1 

18 locality area for the entire State of Hawaii and 1 lo19 cality area for the entire State of Alaska. 

20 (b) SAVINGS PROVISIONS.— 

21 (1) IN GENERAL.—During the period described 

22 under section 214 of this subtitle, an employee paid 

23 a special rate under 5305 of title 5, United States 

24 Code, who the day before the date of enactment of 

25 this Act was eligible to receive a cost-of-living allow-
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1 ance under section 5941 of title 5, United States 

2 Code, and who continues to be officially stationed in 

3 an allowance area, shall receive an increase in the 

4 employee’s special rate consistent with increases in 

5 the applicable special rate schedule. For employees 

6 in allowance areas, the minimum step rate for any 

7 grade of a special rate schedule shall be increased at 

8 the time of an increase in the applicable locality rate 

9 percentage for the allowance area by not less than 

10 the dollar increase in the locality-based com11 parability payment for a non-special rate employee 

12 at the same minimum step provided under section 

13 214 of this subtitle, and corresponding increases 

14 shall be provided for all step rates of the given pay 

15 range. 

16 (2) CONTINUATION OF COST OF LIVING ALLOW17 ANCE RATE.—If an employee, who the day before 

18 the date of enactment of this Act was eligible to re19 ceive a cost-of-living allowance under section 5941 of 

20 title 5, United States Code, would receive a rate of 

21 basic pay and applicable locality-based comparability 

22 payment which is in excess of the maximum rate 

23 limitation set under section 5304(g) of title 5, 

24 United States Code, for his position (but for that 

25 maximum rate limitation) due to the operation of 
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1 this subtitle, the employee shall continue to receive 

2 the cost-of-living allowance rate in effect on Decem3 ber 31, 2009 without adjustment until— 

4 (A) the employee leaves the allowance area 

5 or pay system; or 

6 (B) the employee is entitled to receive 

7 basic pay (including any applicable locality8 based comparability payment or similar supple9 ment) at a higher rate, 

10 but, when any such position becomes vacant, the pay 

11 of any subsequent appointee thereto shall be fixed in 

12 the manner provided by applicable law and regula13 tion. 

14 (3) LOCALITY-BASED COMPARABILITY PAY15 MENTS.—Any employee covered under paragraph (2) 

16 shall receive any applicable locality-based com17 parability payment extended under section 214 of 

18 this subtitle which is not in excess of the maximum 

19 rate set under section 5304(g) of title 5, United 

20 States Code, for his position including any future in21 crease to statutory pay limitations under 5318 of 

22 title 5, United States Code. Notwithstanding para23 graph (2), to the extent that an employee covered 

24 under that paragraph receives any amount of local25 ity-based comparability payment, the cost-of-living 
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1 allowance rate under that paragraph shall be re2 duced accordingly, as provided under section 

3 5941(c)(2)(B) of title 5, United States Code. 

4 SEC. 216. APPLICATION TO OTHER ELIGIBLE EMPLOYEES. 

5 (a) IN GENERAL.— 

6 (1) DEFINITION.—In this subsection, the term 

7 ‘‘covered employee’’ means— 

8 (A) any employee who— 

9 (i) on the day before the date of en10 actment of this Act— 

11 (I) was eligible to be paid a cost12 of-living allowance under 5941 of title 

13 5, United States Code; and 

14 (II) was not eligible to be paid lo15 cality-based comparability payments 

16 under 5304 or 5304a of that title; or 

17 (ii) on or after the date of enactment 

18 of this Act becomes eligible to be paid a 

19 cost-of-living allowance under 5941 of title 

20 5, United States Code; or 

21 (B) any employee who— 

22 (i) on the day before the date of en23 actment of this Act— 
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1 (I) was eligible to be paid an al2 lowance under section 1603(b) of title 

3 10, United States Code; 

4 (II) was eligible to be paid an al5 lowance under section 1005(b) of title 

6 39, United States Code; 

7 (III) was employed by the Trans8 portation Security Administration of 

9 the Department of Homeland Security 

10 and was eligible to be paid an allow11 ance based on section 5941 of title 5, 

12 United States Code; or 

13 (IV) was eligible to be paid under 

14 any other authority a cost-of-living al15 lowance that is equivalent to the cost16 of-living allowance under section 5941 

17 of title 5, United States Code; or 

18 (ii) on or after the date of enactment 

19 of this Act— 

20 (I) becomes eligible to be paid an 

21 allowance under section 1603(b) of 

22 title 10, United States Code; 

23 (II) becomes eligible to be paid 

24 an allowance under section 1005(b) of 

25 title 39, United States Code; 
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1 (III) is employed by the Trans2 portation Security Administration of 

3 the Department of Homeland Security 

4 and becomes eligible to be paid an al5 lowance based on section 5941 of title 

6 5, United States Code; or 

7 (IV) is eligible to be paid under 

8 any other authority a cost-of-living al9 lowance that is equivalent to the cost10 of-living allowance under section 5941 

11 of title 5, United States Code. 

12 (2) APPLICATION TO COVERED EMPLOYEES.— 

13 (A) IN GENERAL.—Notwithstanding any 

14 other provision of law, for purposes of this sub15 title (including the amendments made by this 

16 subtitle) any covered employee shall be treated 

17 as an employee to whom section 5941 of title 

18 5, United States Code (as amended by section 

19 212 of this subtitle), and section 214 of this 

20 subtitle apply. 

21 (B) PAY FIXED BY STATUTE.—Pay to cov22 ered employees under section 5304 or 5304a of 

23 title 5, United States Code, as a result of the 

24 application of this subtitle shall be considered 

25 to be fixed by statute. 
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1 (C) PERFORMANCE APPRAISAL SYSTEM.— 

2 With respect to a covered employee who is sub3 ject to a performance appraisal system no part 

4 of pay attributable to locality-based com5 parability payments as a result of the applica6 tion of this subtitle including section 5941 of 

7 title 5, United States Code (as amended by sec8 tion 212 of this subtitle), may be reduced on 

9 the basis of the performance of that employee. 

10 (b) POSTAL EMPLOYEES IN NON-FOREIGN AREAS.— 

11 (1) IN GENERAL.—Section 1005(b) of title 39, 

12 United States Code, is amended— 

13 (A) by inserting ‘‘(1)’’ after ‘‘(b)’’; 

14 (B) by striking ‘‘Section 5941,’’ and in15 serting ‘‘Except as provided under paragraph 

16 (2), section 5941’’; 

17 (C) by striking ‘‘For purposes of such sec18 tion,’’ and inserting ‘‘Except as provided under 

19 paragraph (2), for purposes of section 5941 of 

20 that title,’’; and 

21 (D) by adding at the end the following: 

22 ‘‘(2) On and after the date of enactment of the 

23 Non-Foreign Area Retirement Equity Assurance Act 

24 of 2009— 
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1 ‘‘(A) the provisions of that Act and section 

2 5941 of title 5 shall apply to officers and em3 ployees covered by section 1003 (b) and (c) 

4 whose duty station is in a nonforeign area; and 

5 ‘‘(B) with respect to officers and employees 

6 of the Postal Service (other than those officers 

7 and employees described under subparagraph 

8 (A)) of section 216(b)(2) of that Act shall 

9 apply.’’. 

10 (2) CONTINUATION OF COST OF LIVING ALLOW11 ANCE.— 

12 (A) IN GENERAL.—Notwithstanding any 

13 other provision of this subtitle, any employee of 

14 the Postal Service (other than an employee cov15 ered by section 1003 (b) and (c) of title 39, 

16 United States Code, whose duty station is in a 

17 nonforeign area) who is paid an allowance 

18 under section 1005(b) of that title shall be 

19 treated for all purposes as if the provisions of 

20 this subtitle (including the amendments made 

21 by this subtitle) had not been enacted, except 

22 that the cost-of-living allowance rate paid to 

23 that employee— 
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1 (i) may result in the allowance exceed2 ing 25 percent of the rate of basic pay of 

3 that employee; and 

4 (ii) shall be the greater of— 

5 (I) the cost-of-living allowance 

6 rate in effect on December 31, 2009 

7 for the applicable area; or 

8 (II) the applicable locality-based 

9 comparability pay percentage under 

10 section 214. 

11 (B) RULE OF CONSTRUCTION.—Nothing in 

12 this subtitle shall be construed to— 

13 (i) provide for an employee described 

14 under subparagraph (A) to be a covered 

15 employee as defined under subsection (a); 

16 or 

17 (ii) authorize an employee described 

18 under subparagraph (A) to file an election 

19 under section 217 of this subtitle. 

20 SEC. 217. ELECTION OF ADDITIONAL BASIC PAY FOR ANNU21 ITY COMPUTATION BY EMPLOYEES. 

22 (a) DEFINITION.—In this section the term ‘‘covered 

23 employee’’ means any employee— 

24 (1) to whom section 214 applies; 
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1 (2) who is separated from service by reason of 

2 retirement under chapter 83 or 84 of title 5, United 

3 States Code, during the period of January 1, 2010, 

4 through December 31, 2012; and 

5 (3) who files an election with the Office of Per6 sonnel Management under subsection (b). 

7 (b) ELECTION.— 

8 (1) IN GENERAL.—An employee described 

9 under subsection (a) (1) and (2) may file an election 

10 with the Office of Personnel Management to be cov11 ered under this section. 

12 (2) DEADLINE.—An election under this sub13 section may be filed not later than December 31, 

14 2012. 

15 (c) COMPUTATION OF ANNUITY.— 

16 (1) IN GENERAL.—Except as provided under 

17 paragraph (2), for purposes of the computation of 

18 an annuity of a covered employee any cost-of-living 

19 allowance under section 5941 of title 5, United 

20 States Code, paid to that employee during the first 

21 applicable pay period beginning on or after January 

22 1, 2010 through the first applicable pay period end23 ing on or after December 31, 2012, shall be consid24 ered basic pay as defined under section 8331(3) or 

25 8401(4) of that title. 
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1 (2) LIMITATION.—The amount of the cost-of2 living allowance which may be considered basic pay 

3 under paragraph (1) may not exceed the amount of 

4 the locality-based comparability payments the em5 ployee would have received during that period for 

6 the applicable pay area if the limitation under sec7 tion 214 of this subtitle did not apply. 

8 (d) CIVIL SERVICE RETIREMENT AND DISABILITY

9 RETIREMENT FUND.— 

10 (1) EMPLOYEE CONTRIBUTIONS.—A covered 

11 employee shall pay into the Civil Service Retirement 

12 and Disability Retirement Fund— 

13 (A) an amount equal to the difference be14 tween— 

15 (i) employee contributions that would 

16 have been deducted and withheld from pay 

17 under section 8334 or 8422 of title 5, 

18 United States Code, during the period de19 scribed under subsection (c) of this section 

20 if the cost-of-living allowances described 

21 under that subsection had been treated as 

22 basic pay under section 8331(3) or 

23 8401(4) of title 5, United States Code; and 

24 (ii) employee contributions that were 

25 actually deducted and withheld from pay 
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1 under section 8334 or 8422 of title 5, 

2 United States Code, during that period; 

3 and 

4 (B) interest as prescribed under section 

5 8334(e) of title 5, United States Code, based on 

6 the amount determined under subparagraph 

7 (A). 

8 (2) AGENCY CONTRIBUTIONS.— 

9 (A) IN GENERAL.—The employing agency 

10 of a covered employee shall pay into the Civil 

11 Service Retirement and Disability Retirement 

12 Fund an amount for applicable agency con13 tributions based on payments made under para14 graph (1). 

15 (B) SOURCE.—Amounts paid under this 

16 paragraph shall be contributed from the appro17 priation or fund used to pay the employee. 

18 (3) REGULATIONS.—The Office of Personnel 

19 Management may prescribe regulations to carry out 

20 this section. 

21 SEC. 218. REGULATIONS. 

22 (a) IN GENERAL.—The Director of the Office of Per23 sonnel Management shall prescribe regulations to carry 

24 out this subtitle, including— 
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1 (1) rules for special rate employees described 

2 under section 213; 

3 (2) rules for adjusting rates of basic pay for 

4 employees in pay systems administered by the Office 

5 of Personnel Management when such employees are 

6 not entitled to locality-based comparability payments 

7 under section 5304 of title 5, United States Code, 

8 without regard to otherwise applicable statutory pay 

9 limitations during the transition period described in 

10 section 214 ending on the first day of the first pay 

11 period beginning on or after January 1, 2012; and 

12 (3) rules governing establishment and adjust13 ment of saved or retained rates for any employee 

14 whose rate of pay exceeds applicable pay limitations 

15 on the first day of the first pay period beginning on 

16 or after January 1, 2012. 

17 (b) OTHER PAY SYSTEMS.—With the concurrence of 

18 the Director of the Office of Personnel Management, the 

19 administrator of a pay system not administered by the Of20 fice of Personnel Management shall prescribe regulations 

21 to carry out this subtitle with respect to employees in such 

22 pay system, consistent with the regulations prescribed by 

23 the Office under subsection (a). With respect to employees 

24 not entitled to locality-based comparability payments 

25 under section 5304 of title 5, United States Code, regula-
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1 tions prescribed under this subsection may provide for spe2 cial payments or adjustments for employees who were eli3 gible to receive a cost-of-living allowance under section 

4 5941 of that title on the date before the date of enactment 

5 of this Act. 

6 SEC. 219. EFFECTIVE DATES. 

7 (a) IN GENERAL.—Except as provided by subsection 

8 (b), this subtitle (including the amendments made by this 

9 subtitle) shall take effect on the date of enactment of this 

10 Act. 

11 (b) LOCALITY PAY AND SCHEDULE.—The amend12 ments made by section 212 and the provisions of section 

13 214 shall take effect on the first day of the first applicable 

14 pay period beginning on or after January 1, 2010. 

15 TITLE III—DEEPWATER OIL AND 

16 GAS RESEARCH AND DEVEL17 OPMENT FUNDING SOURCE 

18 REPEAL 

19 SEC. 301. REPEAL. 

20 Effective October 1, 2010, section 999H of the En21 ergy Policy Act of 2005 (42 U.S.C. 16378) is amended— 

22 (1) by striking subsections (a), (b), (c), and (f); 

23 (2) by redesignating subsections (d) and (e) as 

24 subsections (a) and (b), respectively; 
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1 (3) in subsection (a), as so redesignated, by 

2 striking ‘‘obligated from the Fund under subsection 

3 (a)(1)’’ and inserting ‘‘available under this section’’; 

4 and 

5 (4) in subsection (b), as so redesignated, by 

6 striking ‘‘In addition to other amounts that are 

7 made available to carry out this section, there’’ and 

8 inserting ‘‘There’’. 

Passed the House of Representatives June 25, 2009. 

Attest: 

Clerk. 

111TH CONGRESS 

1ST SESSION H. R. 2647 

AN ACT 

To authorize appropriations for fiscal year 2010 for 

for other purposes. ability benefits to disabled military retirees, and rent receipt of military retirement and VA dismembers of the Armed Forces, expand concurto provide special pays and allowances to certain military personnel strengths for such fiscal year, ties of the Department of Energy, to prescribe for military construction, and for defense activimilitary activities of the Department of Defense,